CHAPTER 137

VACATION AND DISPOSAL OF STREETS

137.01  Power to Vacate

137.04  Findings Required

137.02  Planning and Zoning Commission

137.05  Disposal of Vacated Streets or Alleys

137.03  Notice of Vacation Hearing

137.06  Disposal by Gift Limited


137.01    POWER TO VACATE. 
When, in the judgment of the Council, it would be in the best interest of the City to vacate a street, alley, portion thereof or any public grounds, the Council may do so by ordinance in accordance with the provisions of this chapter.

(Code of Iowa, Sec. 364.12 [2a])

137.02    PLANNING AND ZONING COMMISSION.  Any proposal to vacate a street, alley, portion thereof or any public grounds shall be referred by the Council to the Planning and Zoning Commission for its study and recommendation prior to further consideration by the Council.  The Commission shall submit a written report including recommendations to the Council within thirty (30) days after the date the proposed vacation is referred to the Commission.  

(Code of Iowa, Sec. 392.1)

137.03    NOTICE OF VACATION HEARING.  The Council shall cause to be published a notice of public hearing of the time at which the proposal to vacate shall be considered.

137.04    FINDINGS REQUIRED.  No street, alley, portion thereof or any public grounds shall be vacated unless the Council finds that:

1.         Public Use.  The street, alley, portion thereof or any public ground proposed to be vacated is not needed for the use of the public, and therefore, its maintenance at public expense is no longer justified.  

2.         Abutting Property.  The proposed vacation will not deny owners of property abutting on the street or alley reasonable access to their property.

137.05 DISPOSAL OF VACATED STREETS OR ALLEYS.  When in the judgment of the Council it would be in the best interest of the City to dispose of a vacated street or alley, portion thereof or public ground, the Council may do so in accordance with the provisions of Section 364.7, Code of Iowa.

(Code of Iowa, Sec. 364.7)

137.06    DISPOSAL BY GIFT LIMITED.  The City may not dispose of a vacated street or alley right-of-way or portion thereof by gift, except to a governmental body for a public purpose or to a fair.  When the City Council determines that a vacated street or alley is to be disposed of pursuant to Section 137.05 above, the value of the vacated property will be determined as follows:

1.                  Where the vacated property is a portion of a right-of-way in public use at the time of the vacation, is comprised of less than 600 square feet, and the use of the remainder of the right-of-way by the public is not impeded, the property value will be set at $100.00.

2.                  All other vacated property will be disposed of only through a publicly noticed, sealed-bid process wherein the minimum acceptable bid will be established on a square foot basis by dividing the appraised value added to the cost of appraisal by the total square footage of the vacated property.

 

EDITORíS NOTE

 

The following ordinances, not codified herein and specifically saved from repeal, have been adopted vacating certain streets, alleys and/or public grounds and remain in full force and effect.

ORDINANCE NO.

ADOPTED

ORDINANCE NO.

ADOPTED

135

June 4, 1984

 

 

141

April 7, 1986

 

 

143

September 21, 1987

 

 

234

April 14, 2004

 

 

235

April 14, 2004

 

 

236

April 14, 2004

 

 

243

March 9, 2005