§ 2-1578. Abandonment of streets.

(a)

Authority to sell streets. Whenever the city, by ordinance of the city council, decides that a street is no longer useful and necessary to the city and that it should be abandoned, the chief procurement officer, in consultation with the department of public works and upon the recommendation of the committee on city utilities, shall sell such abandoned street to the abutting property owner(s) in proportion to their abutting fee ownership pursuant to this section and section 138-5.

(b)

Public notice. Public notice of the intention of the city to abandon a street or a portion a street shall be given by the municipal clerk in the manner provided in section 138-5. Costs of such publication shall be paid by the petitioner.

(c)

Duties of chief procurement officer. The chief procurement officer, pursuant to a duly enacted ordinance, shall:

(1)

Order an appraisal of the land to be sold, which appraisal shall be reviewed by the committee on city utilities. Appraisals shall be based on fee simple fair market value. Costs of such appraisal shall be paid by the petitioner:

a.

The authorization to obtain an appraisal;

b.

The fee simple fair market value of the tract according to the appraisal; and

c.

The consideration acceptable to the city for the owner to acquire the tract or an interest therein.

(d)

Negotiations and quitclaim deed. After the petitioner submits payment of the price for which the city offers to sell the tract or interest therein, the chief procurement officer shall, upon consultation with the city attorney, prepare a quitclaim deed. The quitclaim deed shall be submitted to the mayor for execution. However, if the owner desires to negotiate with the chief procurement officer for a purchase price different from the price offered by the chief procurement officer based upon the appraisal, the abutting owner will be required to obtain a separate appraisal report for negotiation purposes. If no agreement can be reached, the chief procurement officer and abutting owner shall agree on a value established by a review appraiser selected by the chief procurement officer. The cost of the review appraisal report shall be shared equally by the city and the abutting property owner. The chief procurement officer shall submit the negotiated offered purchase price to the committee on city utilities. If the committee approves the negotiated price and recommends acceptance thereof to the council, which accepts the negotiated price by ordinance, a quitclaim deed shall be prepared by the chief procurement officer upon consultation with the city attorney and submitted to the mayor for execution thereof. Upon execution of the quitclaim, the petitioner shall make payment to the city for an amount not less than the sum approved by council, in exchange for which payment the petitioner shall obtain possession of the executed quitclaim deed.

(Ord. No. 2009-78(09-O-1876), § 14, 12-15-09)