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HomeMy WebLinkAbout1954-133 Providing for Procedure for Vacation of Any Public Square, Public Park, Street, Avenue, Alley or Other HighwayBILL NO. 133 ORDINANCE NO. 133 AN ORDINANCE PROVIDING PROCEDURE FOR THE VACATION OF ANY PUBLIC SQUARE, PUBLIC PARK, STREET, AVENUE, ALLEY OR OTHER HIGI-IWAY OR PART THEREOF IN THE CITY OF RIVERSIDE, MISSOURI. BE IT ORDAINED BY THE BOARD OF ALDERMEN OF THE CITY OF RIVERSIDE, MISSOURI, AS FOLLOWS: SECTION 1. Whenever deemed necessary or expedient, the Board. of Aldermen shall vacate or discontinue any public square, public park, street, avenue, alley or other highway or part thereof in the City of Riverside, Missouri, in accordance with the provisions of this ordinance. SECTION 2. Any person or corporation owing any property fronting or abutting on any public square, public park, street, avenue, alley or other highway or part thereof proposed to be vacated, may petition the Board of Aldermen for the vacation of the same. Such petition must give a correct description of that part of the public square, public park, street, avenue, alley or other highway sought to be vacated and also the names of the persons or corpora- tion owning or claiming the property fronting on the part to be vacated, and such petition shall be verified 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 with the City Clerk prior to any action b eing taken thereon by the Board of Aldermen and shall ha-,e either incorporated therein or annexed thereto the written consent to such proposed vacation of the owners of a sufficient number of feet of the property fronting or abutting on the part so to be vacated to constitute three-fourths (3/4) of the total number of feet of property fronting; or abutting on such part proposed tob e vacated, which such consents to such vacation shall be acknowledged by affidavit. After such petition for vacation shall have been filed, notice of the pldency of such petition shall be given by the City Clerk by publication of such notice in a weekly newspaper printed and published within Riverside, Missouri, or if there be no newspaper printed and published in Riverside, Missouri, then in the nearest weekly newspaper printed and published in Platte County, Missouri, for two (2) consecutive insertions in such newspaper, the last insertion of such notice in such newspaper to be not more than onew eek 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, alley, avenue or other highway or part thereof sought to be vacated or discontinued and shall state the time at which the Board of Aldermen will consider said petition. The person or corporation seeking such vacation shall pay all costs and expenses which may be incurred by the city by reason of said proceedings. SECTION 3. At the time referred to in Section 2. above for consideration of such petition 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 highway or part thereof or such Board of Aldermen may in its discretion, place such ordinate on its first reading for subsequent readings, consideration and passage or rejection. SECTION L. Whenever 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. SECTION 5. Every ordinance vacating such public square, public park, street, avenue, alley or other highway or part thereof shall be acknowledged by the City Clerk as deeds are acknowledged in order BILL NO. 133 -2- Ordinance No. 133 to entitle them to be recorded and such ordinance so acknowledged and the consents of property owners herein required shall be filed for record in the office of recorder of deeds in Platte County, Missouri, by the City Clerk. Passed. this 2nd day of February, 1954. /s/ F.F. Filger Mayor ATTEST: /s/ Irene Paulhe ACTG. CITY CLERK APPROVED THIS 2nd DAY OF FEBRUARY, 1954. /s/ F.F. Filger Mayor