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1993-53 <br /> <br />AN ORDINANCE TO AMEND CHAPTER 32 OF THE CODE OF THE CITY OF <br />PORTSMOUTH, VIRGINIA, 1988, BY ~4ENDING SECTION 32-5(c) <br />THEREOF, PERTAINING TO THE VACATION OF STREETS AND OTHER <br />PUBLIC WAYS OR RIGHTS-OF-WAY. <br /> <br /> BE IT ORDAINED by the Council of the City of <br />Portsmouth, Virginia: <br /> <br /> 1. That Section 32-5(c) of the Code of the City of <br />Portsmouth, Virginia, be amended and reordained to read as <br />follows: <br /> <br />Section 32-5. <br /> <br />Application for vacation of street, <br />alley, easement, right-of-way, or other <br />public way; appointment of viewers. <br /> <br /> (c) As a condition to vacation or abandonment of any <br />street, alley, easement, right-of-way or other public way, <br />the person making the application for closure may, at <br />council's option, be required to purchase from the city the <br />street, alley, easemenn or other public way for which the <br />vacation or abandonment is requested. The price shall be <br />no greater than its fair market value or its contributory <br />value to the abutting property, whichever is greater, or <br />the amount agreed to by the parties. No such vacation or <br />abandonment shall be concluded until the agreed price has <br />been paid. If any abutting property owner does not make <br />such payment for such owner's fractional portion within one <br />(1) year, or other time period made a condition of the <br />vacation or abandonment, of the government action to vacate <br />or abandon, the vacation or abandonment shall be null and <br />void as to any such property owner. The city and its <br />affiliated political subdivisions, such as the Industrial <br />Development Authority and Portsmouth Redevelopment and <br />Housing Authority, shall be exempt from paying the purchase <br />price in those cases where the affiliated political <br />subdivision becomes the owner of the land in question and <br />is not just acting on behalf of the adjoining property <br />owners. <br /> <br /> 2'. That this ordinance shall take effect on July 1, <br />1993. <br /> <br /> Adopted by the Council of the City of Portsmouth, <br />Virginia, at a meeting held on June 22, 1993. <br /> <br />Teste: <br /> <br />City Clerk <br /> <br /> <br />