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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 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.


The petitioner will also leave a check for the RECORDING FEE with the City Clerk's Office at the time of filing.  The check must be made payable to the VIGO COUNTY RECORDER and in the amount of $25.00.




There are two regular meetings of the City Council per month.  The filing date of a vacating ordinance determines the required meeting dates.  Please CLICK HERE to view the filing dates.


After the ordinance is filed with the City Clerk's Office, 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 petitioner or their representative must attend the meeting(s) indicated in the filing deadline list (CLICK HERE to access).  Failure of the petitioner or their representative to attend the required meeting(s) may result in the ordinance being defeated or withdrawn.


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.  




Introduced by: _______________________________  

                        "Name of Sponsoring Councilman", Councilman


Passed in open council this _______ day of  ______________, 2018.



                                                                                  Curtis DeBaun IV, City Council President


ATTEST: _____________________________________________

             Charles P. Hanley, City Clerk


Presented by me to the Mayor this _______ day of ______________, 2018.



                                                                              Charles P. Hanley, City Clerk


Approved by me, the Mayor, this ____________ day of _________________________ , 2018.





                                                                                            Duke A. Bennett, Mayor


ATTEST: _____________________________________________ Charles P. Hanley, City Clerk

(Use proper spacing to allow for signatures and dates)



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