1986-03 Street/Alley ClosingRESOLUTION NO. 86-3
WHEREAS, the City of Okeechobee contains many platted and
• dedicated alleys or alleyways, as well as some streets and roads,
which serve no necessary or useful purpose of the City or its
general population; and
WHEREAS, the vacating and closing of such alleys, streets or
roads would result in the adjoining property owners gaining
additional useful property and would result in an increase in
taxable real property on the tax rolls of the City; and
WHEREAS, the vacating and closing of such alleys, streets or
roads would eliminate maintenance costs and liability of the City
as to such property involved; and
WHEREAS, the City Council has determined that it is in the
best interest of the City to establish procedures for affected
property owners to make application for the vacating and closing
of such alleys, streets and roads;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the
City of Okeechobee, Florida as follows:
1. THAT any owner of property adjoining a platted or
dedicated alley, street, or road, or any person affected by such
alley, street, or road, may apply to the City Council for an
ordinance vacating and closing such alley, street, or road. The
application shall be submitted to the office of the City Clerk
and shall include:
a. a properly completed application on a form provided by
the Clerk;
b. a copy of the recorded plat showing the property and
rights-of-way involved;
C. the written consent of all owners of property adjoining
the alley, street, or road involved, unless all such owners join
in the application;
d. a non-refundable application fee of $25.00.
2. THAT the City Clerk shall review each application for
• completeness and shall place the application on the next regular
agenda for consideration by the Council. The applicant shall be
advised of the time and date of the meeting at which the
• application will be considered and that said applicant may make a
presentation in support of the application at that time.
3. THAT after consideration of the application and any
other information the Council deems appropriate, the Council
shall determine whether it is in the best interest of the City to
deny the application or to proceed with the preparation and
consideration of an ordinance vacating and closing the subject
alley, street or road. If the Council determines it to be in the
best interest of the City to proceed with consideration of such
an ordinance, upon payment of the costs as set forth in Paragraph
4 below, the City Attorney shall be directed to prepare the
proper ordinance for first reading at the next regular meeting of
the Council, or at such other meeting as the Council deems
appropriate.
4. THAT the applicant shall be responsible for payment of
the costs of preparation and advertising the proposed ordinance
vacating and closing the subject alley, street or road. Prior to
the preparation of the ordinance, the applicant shall deposit
with the City Clerk the sum of $170.00, which shall include
legal and advertising costs. This sum is in addition to the
initial application fee and is non-refundable.
S. THAT any ordinance prepared pursuant to this Resolution
shall be subject to the same procedures for adoption as any other
ordinance of the City, including a public hearing on proper
notice. Nothing herein shall be construed to obligate the City
Council, or any individual Council member, to vote to adopt a
proposed ordinance. Each such ordinance shall be adopted only
after opportunity for public comment and consideration by the
Council of all relevant factors raised.
6. THAT nothing herein shall be construed to prohibit the
City Council from initiating procedures to vacate and close any
alley, street, or road on its on motion for valid City purposes.
PASSED AND ADOPTED this 7th day of January , 1986
CITY OF OKEECHOBEE, FLORIDA
OAKLAND R. C MAYO
ATTEST:
d*oI%/i
OMA
CTTY CLERK
APPROVED AS TO FORM:
JERALD D. BRYANT
CITY AI°TORNEY