CHAPTER 137 – Vacation and Disposal of Streets

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 real property by gift except to a governmental body for a public purpose or to a fair.

(Code of Iowa, Sec. 174.15[2] & 364.7[3])

 

 

EDITOR’S 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

Unnumbered (Dallas)             September 27, 1911

81-40 (Melcher)                      May 11, 1981

85-003 (Dallas)                      June 17, 1985

88-16                                      May 9, 1988

93-44                                      January 25, 1993

95-50                                      April 10, 1995

95-51                                      May 8, 1995

96-60                                      June 24, 1996

114                                         June 9, 2014

125                                        July 6, 2015

128                                        October 12, 2015