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AN ORDINANCE TO AMEND CHAPTER 32 OF THE CODE OF THE CITY OF PORTSMOUTH, VIRGINIA, 1988, BY AMENDING SECTION 32-5(C) THEREOF, PERTAINING TO APPLICATION FOR VACATION OF STREET, ALLEY, EASEMENT, RIGHT-OF-WAY, OR OTHER PUBLIC WAY; APPOINTMENT OF VIEWERS. BE IT ORDAINED by the Council of the City of Portsmouth, Virginia: 1. That Section 32-5(c) of the Code of the City of Portsmouth, Virginia, 1988, be amended to read as follows: Section 32-5. Application for vacation of street, alley, easement, right-of-way, or other public way; appointment of viewers. (c) As a condition to vacation or abandonment, of any streett alley, easement, right-of-way or other public way, the person making the application for closure may, at Council's option, be required to purchase from the City the street, alley, easement, or other public way for which the vacation or abandonment is requested. The price shall be no greater than its fair market value or its contributory value to the abutting property, whichever is greater, or the amount agreed to by the parties. No such abandonment shall be concluded until the agreed price has been paid. If any abutting property owner does not make such payment for such owner's fractional portion within one year, or other time period made a condition of the vacation or abandonment, of the government action to vacate or abandon, the vacation or abandonment shall be null and void as to any such property owner. The City and its affiliated political subdivisions, such as the Industrial Development Authority and Portsmouth Redevelopment and Housing Authority, shall be exempt from pay the purchase price in those cases where the affiliated political subdivision becomes the owner of the land in question and is not just acting on behalf of the adjoining property owners. 2. That this ordinance shall take effect on July 1, 1992. Adopted by the Council of the City of Portsmouth, Virginia, at a meeting held on June 23, 1992. Teste: City Clerk