AN ORDINANCE PROVIDING THE REGULATIONS AND PROCEDURES FOR GRANTING STREET VACATION IN THE CITY OF YAMHILL.

THE CITY OF YAMHILL ORDAINS AS FOLLOWS:

1. Any person who wishes to vacate part or all of a street, avenue or alley may file a written petition for vacation and present it to the City Recorder for submission to the Planning Commission.

2. The petition shall describe the street, avenue or alley to be vacated, the purpose for which the property is to be used, the reason for the vacation, and the names of the owners of real property abutting on the street, avenue or alley to be vacated. The petition will also include a plot map of the area involved with the proposed vacation.

3. The person presenting the petition for vacation shall deposit with the City Recorder $150.00.

4. After notice to the petitioners of the proposed action, the Planning Commission may deny the petition or fix a time for a public hearing on the petition. If the petition is denied, without a public hearing, the $150.00 deposit will be refunded to the petitioner.

5. Before the vacation of a part, or all of a street, avenue or alley is ordered, the Planning Commission shall pass a resolution of intention to vacate, referring to the street, avenue or alley by its official or common name and referring to a map and plan on file at City Hall. The resolution of intention shall fix a time and place for hearing objections to the proposed vacation. Notices will be given to property owners within 150 feet of the proposed vacation by the City. Written objections may be made and filed with the City Recorder which will be made part of the public record at the hearing.

6. The City Recorder will give notice to the media with the times of the hearing as stated in the City ordinances.

7. After the hearing, the Planning Commission may recommend to the City Council to grant or deny the petition in whole or in part, or with reservations in the public interest, including reservations pertaining to the maintenance and use of underground public utilities in the part vacated.

8. If the vacation is recommended for approval, the City Council will grant or deny the vacation at their next non-emergency meeting.

9. Unless an agreement provides for removal or abandonment of public utility facilities, all vacation proposals shall contain the following paragraph:

"This ordinance shall not cause or require the removal or abandonment of any sewer, water main, gas main, conduit of any kind, wire, pole or object used or intended to be used for any public service and the right hereby reserved for the owner of any utility or object to maintain, continue, repair, reconstruct, renew, replace, rebuild or enlarge all utilities and objects."

SAVING CLAUSE. If any section, paragraph, sub-division, clause, sentence or provisions of this ordinance shall be adjudged by any court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not affect, impair, invalidate, or nullify the remainder of this ordinance, except for that sentence, or provision immediately involved in the controversy in which such judgment or decree shall be rendered. It being the intent of the governing body to enact the remainder of this ordinance notwithstanding the parts so declared unconstitutional or invalid. Should any section, paragraph, subdivision, clause, sentence or provision of this ordinance be declared unreasonable or inapplicable to a particular use at any particular location, such declaration of judgment shall not affect, impair, invalidate, or nullify such section, paragraph, subdivision, clause, sentence, or provision as to any other premises or use.

Passed by the Common Council this 9th day of March, 1988.