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General Ordinances - City of New Buffalo

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CITY OF NEW BUFFALO<br />

CODE OF ORDINANCES<br />

Section 18-51. Final Decision. [Ord. 163, 11/14/2006]<br />

A. Following the public hearing, the <strong>City</strong> Council shall, by motion approved by a 4/5 th vote <strong>of</strong> the entire<br />

membership in a roll call vote, either:<br />

1. adopt a resolution granting the vacation; or,<br />

2. adoption a resolution denying the vacation; or,<br />

3. adopt a resolution <strong>of</strong> intent to vacate, subject to specified conditions to be completed within 90 days.<br />

B. The <strong>City</strong> shall require the following as conditions, if a vacation is approved:<br />

1. Monetary compensation to be paid to the <strong>City</strong> in the amount <strong>of</strong> the full appraised value for the subject<br />

property, if the subject property or portions there<strong>of</strong> were acquired at public expense.<br />

2. The applicant's full compliance with all required proceedings in a court <strong>of</strong> competent jurisdiction under the<br />

Land Division Act, MCL 560.101, et seq., as amended (Subdivision Control Act), to effectuate the transfer<br />

<strong>of</strong> title and plat modification resulting from the vacation with a Judgment to be entered within one year<br />

from the date <strong>of</strong> the <strong>City</strong> Council's final action or the vacation will be null and void.<br />

C. Within fifteen working days <strong>of</strong> the <strong>City</strong> Council's decision, the <strong>City</strong> Clerk shall mail a copy <strong>of</strong> the notice <strong>of</strong><br />

decision to the applicant.<br />

Section 18-52. Title. [Ord. 163, 11/14/2006]<br />

Title to the subject property shall pass in accordance with the laws <strong>of</strong> the State <strong>of</strong> Michigan governing title to<br />

vacated rights-<strong>of</strong>-way.<br />

Section 18-53. Vacation Petition File Content and Availability. [Ord. 163,<br />

11/14/2006]<br />

The <strong>City</strong> Clerk shall compile a Vacation Petition File for each petition that contains all information pertinent to the<br />

proposed vacation. This file shall be a public record. It shall be available for inspection and copying in the <strong>City</strong> Hall<br />

<strong>of</strong>fices <strong>of</strong> the <strong>City</strong> <strong>of</strong> <strong>New</strong> <strong>Buffalo</strong> during regular business hours.<br />

Chapter 18- STREETS AND SIDEWALKS 18-20

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