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HomeMy WebLinkAbout1954-133 - Procedure for Vacation of any Public AreaBILL N0. 133 ORDINANCE N0. 133 AN ORDID?AP1CE PROVIDIRrC PROCE,DUriE FOR T:~E VACATIOIv Oi" APiY PUBLIC S~,UA=.E, PUBLIC PARK, STREET, AVr'~IUE, ALLEY OR OTIIER .iIGI-1WAY OR PART Tli~REOF IN THE CITY OF I,IVERSIDE, T~iISSCURI. BE IT ORDAIT?LD BY TI3E BOAP,D OF' AL~DEl~~`-ETv OF TriE CITY OF RIVERSIDE, I~iISSOURI, A.S FOLLOWSt SEC`1'ION 1. Whenever deemed necessary or expedient, the Board. of Aldermen shat 1 vacate or discontinue any public square, public park, street, avenue, alley or other highway or part thereof in tlieCity of Riverside, Missouri, in accordance with the provisions of this ordnance. SECTION 2. Any person or corporation owin azy property fronting: or abutting on any public squar e, public park, street, avenue, alley or other highw<<^.y or part thereof proposed to be vacated, may petition the Board of A]::. ermen for the vaca.t.~ on of the same. Such petition must ~•ive a correct description of that part of the public square, public park, street, avenue, alley or other highway sought to be vacated ar_d also the names of the persons or corpora- tion owning or clai-rnin" the property fronting on the part to be vacated, and such petition shall be v erified by affidavit. Any such petition for the vacation of any such public square, public, park, street, avenue, alley or other highway or part thereof, shall be filed ~~rith the City Clerk prior to any action b ein~; taken thereon by the Board of Aldermer, a.nd shall ha°e either incorporated therein or annexed thereto the written consent to such proposed vacation of the o:•rr_ers of a sufficient number of feet of the property fronting or abuttin_ on the part so to be vacated to constitute three-fourths (3/4) of the tota_1 number of feet of property fronting; or abutting on such part proposed to b e v acated, which such consents to such vacation shall be acknowledged by affidavit. After such petition for vacation shall have beer_ filed, notice of the p~dency of such petition shall be given bar the City Clerk by publication of such notice in a weekly newspaper pr3_nted and published within Riverside, I~Tissouri., or if there be no newspaper printed and published in Riverside, Missouri, then in the nearest weekly newspaper printed ar~d published in Platte County, T~:issouri, for two (2) consecutive insertions in such newspaper, the -~a.st insertion of such notice in such newspaper to be not more than one Ureek nor less than two days prior to the date on which said Board of Aldermen will consider said petition, and said notice shall contain a description of the public square, public park, street, a"1ley, avenue or other highway or part tl~iereof sou ht to be vacated or discontinued and shall state the time at which the Board of Aldermen will consider said petition. The person or corporation seekin. such vacation shall pay all costs and expenses which raay be incurred by the city by reason of said proceedings. SECTION 3. At the time referred to in Section ~ shove for conside~~ation of such P=tition for vacation, the Board of Aldermen may enact an ordinance for the vacation or discontinuance of any such designated public square, public park, street, avenue, alley or other hiF;hway or part tinereof or such Board of Alderrr~en may in its discretion, place such ordin~e on its first reading; for subsequent readings, considera-t ion and p~.ssa_~e or rejection. Sr;C'I'IOI~T L}.. '~dhenever any such public square, public park, street, avenue, alley or other highway or part thereof shall be vacated, the same shall revert according; to law. :ECTIODT 5. Every ord:i.nance vacating such public square, public park, street, avenue, alley or other highway or part thereof shall be acknowled_~ed by the City Clerk as deeds are acknowledged in order BILL IV'0. 133 -2- Ordinance No. 133 to entitle them. to be recorded and such ordinance so acknoialed::ed and the consents of property owners herein required shall be filed for record in the o'fice of recorder of deeds in Platte County, ~issouri, by the City Clerk. Passed. this 2nd day of February, 1951. ~~~~~~ __ 'I~~ayo A'I'TLS^l: AC'lY?. CI'ltY CLL~RK APPROV-~ T~~IS 2nd DAY CIS' FiB~•~uARY, 1951}.. I.a~ or