91-4407 Policy Vac ROWRESOLUTION NUMBER 91-4407
A RESOLUTION ESTABLISHING A POLICY FOR VACATING PUBLIC
STREET RIGHTS-OF-WAY AND EASEMENTS WITHIN THE CITY OF SALINA,
KANSAS.
WHEREAS, Kansas statutes provide authority and procedures for the
vacation of public street rights-of-way and easements, and
WHEREAS, the vacation of such streets and easements may adversely
affect the rights of the city and other parties to use such areas for the
benefit of surrounding property owners and the general public, and
WHEREAS, the City of Salina has determined that to protect such
rights, careful evaluation is warranted as well as certain policy provisions,
SO NOW, THEREFORE
BE IT RESOLVED by the Governing Body of the City of Salina,
Kansas:
Section
1.
Petitions
for
the vacation of
street
rights-of-way
and
easements shall
be
filed with
the
City Clerk.
Such
petitions shall
be
submitted on the appropriate form and be accompanied with the required fee.
Section 2. The City Clerk shall present the petition to the Board of
Commissioners who
shall refer the petition to
the City
Engineer
and set
a
date
for public hearing.
The City Clerk shall
cause the
required
notice
of
the
public hearing to be published.
Section 3. The City Engineer shall evaluate the request for vacation
and submit a report of findings and recommendations to the Board of
Commissioners. Those public utility companies whose lines or facilities may be
affected shall be consulted as to their opinion regarding the vacation. In
preparing the report of findings and recommendations, the City Engineer shall
be guided by the following factors: the existing and future public need for
the right-of-way or easement; the cost to relocate affected utility lines or
facilities; the cost to acquire replacement right-of-way or easement; and the
extent of damage or harm to affected public utilities due to the loss of all or
part of the right-of-way or easement.
Section 4. Upon receipt of the engineering report and at the
conclusion of the public hearing, the Board of Commissioners may approve such
vacation by ordinance, table the petition for vacation pending receipt of
additional specified information, or deny the petition. In considering such
vacation request, the Board of Commissioners shall balance the needs and
desires of the petitioner, adjacent and affected property owners and the
general public. In granting such vacation, the Board of Commissioners may
impose such conditions as deemed reasonable to protect the interests of
affected property owners, public utilities and the general public.
Adopted by the Board of Commissioners and signed by the Mayor this
2nd day of December, 1991.
yliela"�
Stephen C. Ry n, Mayor
(SEAL)
ATTEST:
Jacquel ne Shiever, City Clerk