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 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.
Sunshine meetings of the City Council are usually the first Thursday of the month; regular meetings are usually the second Thursday. A vacating ordinance is introduced as "new business" at a regular meeting. The vacating ordinance is discussed at the following month's sunshine meeting and acted on during the following regular meeting. To be introduced as "new business", vacating 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 on the website. There are no additional charges for publication.
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. The petitioner or a representative is required to attend the City Council's sunshine and regular meeting when the vacating ordinance is to be discussed.
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 street/alley descriptions in the legal description of the city to be noted in any and all necessary government records. The fees for recording the vacating ordinance are payable by the petitioner. A notice of the amount due will be sent to the petitioner by the City Clerk's Office immediately following the passage of the vacating ordinance. If the petitioner does not forward the necessary fees for recording the vacating ordinance to the City Clerk's Office, it will not be recorded.
FORMAT OF THE SIGNATURE PORTION OF ORDINANCES AND RESOLUTIONS
Introduced by: _______________________________
"Name of Sponsoring Councilman", Councilman
Passed in open council this _______ day of ______________, 2011.
_____________________________
John Mullican, City Council President
ATTEST: _____________________________________________
Charles P. Hanley, City Clerk
Presented by me to the Mayor this _______ day of ______________, 2011.
________________________________
Charles P. Hanley, City Clerk
Approved by me, the Mayor, this ____________ day of _________________________ , 2010.
_____________________________
Duke A. Bennett, Mayor
ATTEST: _____________________________________________ Charles P. Hanley, City Clerk
(Use proper spacing to allow for signatures and dates)
