O-2022-3894 - amend Ch. 62, closing streets and alleys

Browse Search

(a) Upon compliance with all provisions of this article, the application, together with the written recommendations of the city attorney, city engineer, and director of the public works department, shall be submitted to the Planning and Zoning Commission for review, which shall, after holding a public hearing, make a recommendation on the application for consideration by the City Council. (b) Upon receipt of the recommendation of the Planning and Zoning Commission, the city council shall make a final determination as to whether or not an application filed under this article shall be granted or denied. (c) The city council may waive bid procedures and publication requirements in the sale or the disposal of real property interests belonging to the city in the following circumstances: (1) Narrow strips of land, or land so shaped or so small as to be incapable of being used independently as zoned or under applicable subdivision or other development control ordinances, in which event such land may be sold to the abutting property owners in proportion to their abutting ownership, such division between owners to be made in an equitable manner; (2) Streets or alleys, whether owned in fee or used by easement, in which event such land or interest may be sold to the abutting owners in proportion to their abutting ownership, such division between owners to be made in an equitable manner; (3) All types of easements where the abutting property owners also own the underlying fee simple title, in which event such land or interest may be sold to the abutting property owners in proportion to their abutting ownership, such division between owners to be made in an equitable manner, (4) Any land or interest therein which was originally acquired for the purpose of streets, rights -of -way or easements, which the city chooses to trade or exchange as consideration for other land acquired for streets, rights -of -way or easements, including transactions which may be partly for cash and partly by trade or exchange; (5) Land owned by the city which it desires to have developed by contract with an independent foundation; or (6) Any interest in land that is conveyed by the city to a governmental entity having the power of eminent domain. (d) Any conveyance, sale or trade made under the provisions of this article shall never be for less than the fair market value of the land or interest being conveyed, or sold or traded, as determined by an appraisal obtained by the city, which shall be conclusive of the fair market value of such land or interest. In conducting such appraisal, the appraiser shall appraise the tract of land sought to be closed or conveyed as if it were an integral part of the adjoining or abutting tracts of land, and as if the city owned such tract of land in fee. In all cases fair market value shall be considered the 100% fee simple value as determined by such independent appraisal, whether the city owns the land in fee simple or has an interest in the tract of lank, including a street, alley or easement. (e) Governmental entities shall be exempted from the payment of fair market value to the city. (f) The fair market value received in the vacating, abandoning and closing of the street, alley or easement, unless otherwise directed by the city council, shall be deposited by the city into the general capital improvement fund to be used forigeneral capital improvements throughout the city." 3