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#02-11 Passed 3/14/11

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COMMITTEE REVIEW: PLANNING & ZONING
INTRODUCED BY:COUNCILMEMBER MERCER
DATE OF FIRST READING: FEBRUARY 14, 2011
REFERRED TO PLANNING COMMISSION: MARCH 3, 2011
ACCEPTANCE/REJECTION OF COMMISSION: MARCH 3, 2011

NOTICE OF PUBLIC HEARING:                                      ____________________

SECOND READING: FEBRUARY 28, 2011
THIRD READING: MARCH 14, 2011

TITLE ONLY PURSUANT TO SECTION 4.07 OF THE CHARTER:YES/NO

 

AN ORDINANCE VACATING A PORTION OF NINETEENTH STREET BETWEEN GEORGIA AVENUE AND FLORIDA AVENUE IN THE MUNICIPALITY OF SEBRING; RESERVATION OF PERMANENT EASEMENT; PUBLICATION OF TEXT AND NOTICE OF PUBLIC HEARING; ACCEPTING THE REPLAT OF LOT 1772 AND LOTS 1823, 1824 AND 1825 WITHIN THE MUNICIPALITY OF SEBRING. And declaring an emergency

WHEREAS, the Council of the Municipality of Sebring has received a written petition to vacate a portion of Nineteenth Street between Georgia Avenue and Florida Avenue within the Municipality; and

 

WHEREAS, the written petition contains consent of all the owners of the property abutting the street section proposed to be vacated; and

 

WHEREAS, the Council of the Municipality must hold a public hearing prior to taking any governmental action on the petition.

 

NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE MUNICIPALITY OF SEBRING, MAHONING COUNTY, OHIO:

SECTION 1: That the Council is hereby satisfied that after having held a public hearing that there is good cause to vacate a portion of Nineteenth Street between Georgia Avenue and Florida Avenue and that said vacation will not be detrimental to the general interest and that the street portion to be vacated as hereinafter described:

           

Situated in the Municipality of Sebring, County of Mahoning, State of Ohio and being the easternmost ten (10’) feet of Nineteenth Street running between Georgia Avenue and Florida Avenue. 

 

           

SECTION 2:  The Municipality shall retain to itself and any other private or public corporation the right to maintain, operate, repair, replace, or relocate any conduits, cables, wires, towers, poles, sewer lines, pipelines, gas and water lines, and future urban improvements approved by Council, or other equipment or appliances of any public, private or governmental utility, located on, over or under the portion of the alley to be vacated including the right of access to renew, reconstruct, construct, or remove said utility now or in the future.

 

SECTION 3:  The Clerk of Council shall cause the text of this Ordinance and set a NOTICE OF PUBLIC HEARING to be published in a newspaper of general circulation within the Municipality at least fifteen (15) days prior to the date of such public hearing.

 

SECTION 4:  That the replat of lot 1772 with a vacated portion of Nineteenth Street and lots 1823, 1824 and 1825 with a vacated portion of Nineteenth Street attached hereto as "Exhibit A" is hereby approved and adopted by the Council of the Village of Sebring, Mahoning County, Ohio.

 

SECTION 5:  The Clerk of Council shall certify a copy of this Ordinance and the Solicitor shall record the same with the Mahoning County Recorder's Office upon passage of this Ordinance.

 

SECTION 6:  Nothing contained in this Ordinance shall impair the right of any abutting property owner to a right-of-way and easement for ingress or egress to any lot as set forth in Section 723.08 of the Ohio Revised Code.

 

SECTION 7:  Any notice authorized to be given under this Ordinance shall refer to this Ordinance by number and codification, when available.

 

SECTION 8: That it is found and determined that all formal actions of this Council relating to the passage of this Ordinance were adopted in open meetings of this Council; and that all deliberations of this Council and any of its Committees, Boards and Commissions, is necessary, which resulted in such formal actions were made in compliance with all legal requirements of the Ohio Revised Code, pursuant to Section 3.11 of the Charter of the Municipality of Sebring. 

PASSED, this ______day of____________, 2011

_____________________________
JOHN W. SMITH  Mayor/President of Council

 ATTEST:                                                                     APPROVED AS TO LEGAL FORM:

_________________________                                  _________________________
Malea G. Sanor   Clerk of Council                                 Andrew L. Zumbar  Assistant Solicitor