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Filing a vacating ordinance instructions

Vacating of alleys/street requires these items to be completed:

1.      The vacating ordinance itself, on 8 ½" x 11" paper.

         a. Be sure to include the redaction statement (listed below).

2.      The petition on 8 ½” x 11" paper.

3.      The site-plan of the area to be vacated on 8 ½” x 11" paper.

 

Twelve copies plus the original are needed for each item. The original and the copies are to be stapled together in the order given above. If the petitioner wishes to retain a file stamped copy of the vacating ordinance for their records, include an additional copy. For recording and archiving purposes, the vacating ordinance and supporting documentation should not contain handwritten material (except the signature areas).

 

The vacating ordinance must contain the following statement and information: "This instrument prepared by (Name), (Address), (City, State ZIP)." This line is to be located at the bottom of the last page of the vacating ordinance. In addition, the last page of the vacating ordinance includes the signature area for the City Council, the Mayor, and the City Clerk. The format is located on the last page of this brochure.

 

The vacating ordinance must include the legal description of the area to be vacated. Please check legal descriptions closely; errors will result in delays.  The legal description cannot be created by the City Clerk's Office. 

 

The redaction statement is as follows:

I affirm, under the penalties for perjury, that I have taken reasonable care to redact each social security number in this document, unless required by law.

________________________________________

<Your Name>

 

Please contact the City Clerk's Office during regular business hours in order to obtain a number for your vacating ordinance. Vacating ordinances are titled "Special Ordinance". A number is assigned to each special ordinance that appears before the City Council. The City Clerk's office issues these numbers and will assign one to your vacating ordinance when you call the office. This number is placed on the vacating ordinance on all copies as well as the original. This number is used in all references of the vacating.

 

After the vacating ordinance and copies have been prepared, they are brought to the City Clerk's Office for filing. The first step is to pay the filing fees with the City Controller on the second floor of City Hall. The fees total $5.00 and can be paid by cash or check. The receipt is then brought to the City Clerk's Office together with the vacating ordinance and copies.

 

MEETINGS TIMELINE:

A vacating ordinance is introduced as "new business" at a City Council Regular meeting.  To be introduced as "new business", rezoning ordinances need to be filed with the City Clerk no later than the Friday prior to a regular meeting of the Council. Precise dates can be obtained from the City Clerk's Office or may be obtain on the website by CLICKING HERE.  A representative or the petitioner is not required to attend this meeting.

 

After the ordinance is introduced to the Council, a notice will be sent to any abutting property owners that are not listed as a petitioner. This notice(s) is sent by the City Clerk's Office.

 

The vacating ordinance is discussed at the following month's City Council Sunshine meeting and acted on during the following City Council Regular meeting.  A representative or the petitioner is required to attend these meetings.  Sunshine meetings of the City Council are usually the first Thursday of the month; Regular meetings are usually the second Thursday.  CLICK HERE for a list of City Council meeting dates and times.

 

Once the vacating ordinance has been passed by the City Council, it will be recorded at the Vigo County Recorder's Office. This step is necessary for the change in the legal description of the abutting property(s) to be noted in any and all necessary government records. The fees for recording the vacating ordinance are payable by the petitioner. This fee is collected at the time of filing.  The check is made payable to the Vigo County Recorder.  Please contact the Clerk's Office for more details. 

 

 

FORMAT OF THE SIGNATURE PORTION OF ORDINANCES AND RESOLUTIONS

Introduced by: _______________________________  

                        "Name of Sponsoring Councilman", Councilman

 

Passed in open council this _______ day of  ______________, 2015.

 

                                                                                  _____________________________

                                                                                  John Mullican, City Council President

 

ATTEST: _____________________________________________

             Charles P. Hanley, City Clerk

 

Presented by me to the Mayor this _______ day of ______________, 2015.

 

                                                                              ________________________________

                                                                              Charles P. Hanley, City Clerk

 

Approved by me, the Mayor, this ____________ day of _________________________ , 2015.

                                                                                            

 

                                                                                            _____________________________

                                                                                            Duke A. Bennett, Mayor

 

ATTEST: _____________________________________________ Charles P. Hanley, City Clerk

(Use proper spacing to allow for signatures and dates)

 

 

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