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public notice notice of inten...

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PUBLIC NOTICE Notice of Intent to Adopt Ordinance on final reading by the City Council of the City of Meadville. Notice is hereby given that on Wednesday, May 1, 2013 at a Regular meeting, a bill proposing the adoption of the following proposed ordinance was introduced to and considered by City Council of the City of Meadville on first and second reading. Notice is further given that the City Council of the City of Meadville intends to consider the said proposed ordinance on third and final reading at its Regular meeting scheduled for Wednesday, May 15, 2013 at 6:00 P.M. in the Council Chambers at the Meadville City Building, 894 Diamond Park, Meadville, Pennsylvania. The proposed ordinance may be finally passed at that time. BILL NO. 4 OF 2013 CITY OF MEADVILLE CRAWFORD COUNTY, PENNSYLVANIA AN ORDINANCE OF THE CITY OF MEADVILLE, CRAWFORD COUNTY, PENNSYLVANIA, TO VACATE PORTIONS OF SPENCER ALLEY AND PINE PLACE, LOCATED IN THE CITY OF MEADVILLE, AND AUTHORIZING CITY OFFICIALS TO TAKE THE NECESSARY ACTION TO IMPLEMENT THIS ORDINANCE. Whereas, the City of Meadville received a petition from Meadville Medical Center, including its wholly owned subsidiaries, (hereinafter collectively “MMC”) to vacate portions of Spencer Alley and Pine Place in the City of Meadville, as shown on the attached Exhibit “A”. Whereas, MMC owns 100% of the land on both sides of the portions of the streets to be vacated. Whereas, the purpose of the proposed street vacation is to extinguish any and all rights that the City and public may have in and to the use of the said streets in order to allow for improvement of adjacent business facilities, ease of maintenance of the area including snow plowing, etc., and which vacation should not result in any inconvenience to the public. Whereas, utilities have been notified of the proposed action, and do not oppose such action to vacate by the City. Whereas, the Planning Commission of the City of Meadville received and reviewed the Petition by MMC, and approves of the proposed vacation of the portions of Spencer Alley and Pine Place, subject to the condition that MMC maintain access to Spencer Alley and Pine Place from either Pine Street or Poplar Street for ingress and egress of emergency vehicles. Whereas, the City Council of the City of Meadville finds that the portions of said described streets generally serves no purpose except for access to parking facilities utilized in conjunction with MMC, and that vacation of the subject streets would be expedient for the public good and will provide for easier maintenance and save the City money spent in maintaining such streets. Whereas, under these circumstances, the City Council has authority to vacate streets under Sections 2918 and 2919 of the Third Class City Code, 53 P.S. §§ 37918 and 37919 as amended. Now, therefore, BE IT ORDAINED AND ENACTED by the City Council of the City of Meadville and it is hereby Ordained and Enacted by and with the authority thereof as follows: Section 1. Streets Vacated. Those portions of Spencer Alley and Pine Place located in the City of Meadville, as more fully shown on the attached Exhibit “A”, are hereby vacated as City and public streets, and any and all rights that the City and any member of the public may have in said streets are hereby vacated and extinguished. The sections of the streets being vacated are shown more particularly on the map attached hereto as Exhibit “A”, which is incorporated herein by reference. By way of further definition, Spencer Alley shall be vacated from the south right of way line of Pine Street to the north right of way line of Poplar Street, being a distance of 423 feet, more or less. Pine Place shall be vacated from the west right of way line of Spencer Alley a distance of 172 feet, more or less, terminating at a point adjacent to the west property line of certain property located on the north side of Pine Place owned by Meadville Medical Center and/or its hospital related affiliates. Section 2. Easement for Existing and Future Storm Water Facilities. MMC grants the City a permanent easement and license to permit the City to maintain, replace and repair all existing and future City storm water related facilities located within the vacated areas, including but not limited to, storm water lines, culverts, etc.. Section 3. Access Condition. It is an express condition of this vacation that MMC, and its assigns, maintain in perpetuity a public access to Spencer Alley and Pine Place from either Pine Street or Poplar Street for ingress and egress of emergency vehicles, subject to the approval of the City in the City’s discretion. MMC shall execute any easement and/or other documentation desired by the City to evidence and secure this condition. Section 4. Official Action Authorized. The appropriate officials of the City of Meadville are hereby authorized and directed to take all action as may be required by law to effectuate the vacation of the above-referenced streets as provided for in this Ordinance. Section 5. Severability. Should any section, part or provision of this Ordinance be declared by appropriate authority to be unlawful or unconstitutional, all other terms, conditions, provisions and parts hereof, and of any Code of which this Ordinance may be or may be considered to be part, shall continue in full force and effect as if the provision declared to be unlawful or unconstitutional had been omitted as of the date of final enactment hereof. Section 6. Repealer. All ordinances and part of ordinances inconsistent herewith are hereby repealed. Section 7. Effective Date. The provisions of this Ordinance shall become effective at 12:01 a.m., prevailing time, on the 31st day after the date of final passage and enactment. Introduced This 1st day of May, A.D., 2013 Second Reading This 1st day of May, A.D., 2013 CITY OF MEADVILLE John Christopher Soff Mayor ATTEST: Andrew J. Walker City Clerk (EXHIBIT A CAN BE VIEWED IN THE OFFICE OF THE CITY CLERK) 05/06/13

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