(a) Except as otherwise provided by this section, when the City Commission is petitioned by one or more abutting property owners, or at the request of the City Manager, the designee of the City Manager, or any City Commissioner to vacate, discontinue, or abandon any street, alley or public way, or any portion of a street, alley or public way, it shall by resolution schedule a public hearing on the matter.
(b) Notice of the public hearing required by this section shall be published in a local newspaper of general circulation not less than fourteen days before the public hearing. Notice of the public hearing shall also be provided by first class mail to all owners of property, according to City Assessor records, located within 300 feet of the street, alley or public way or portion of the street, alley or public way petitioned or requested to be vacated, discontinued or abandoned. Any failure to mail or receive such notice shall not invalidate any action taken by the City Commission under this section. Written comments to the proposed vacation, discontinuance or abandonment of the street, alley, public way or part thereof may be filed with the City Clerk prior to the public hearing.
(c) Following the public hearing, the City Commission may by majority vote of its members elect, adopt a resolution causing a temporary closing of the street, alley, public way or portion thereof identified in the resolution for a period of not more than thirty days for the purpose of determining the effects of such vacation, discontinuance or abandonment.
(d) Following the public hearing and any temporary closing of the street, alley or public way or portion thereof, the City Commission may, by majority vote of its members elect, adopt a resolution to vacate, discontinue or abandon the street, alley, or public way or part thereof. The resolution shall state that the vacation, discontinuance or abandonment of the street, alley or public way or portion thereof shall not become permanent for a period of ninety-one days and remain subject to rescission by adoption of a resolution by a majority of the City Commission during such time. The resolution may state that the City reserves an easement for public or private utility purposes within the right-of-way of any street, alley or public way or portion thereof vacated, discontinued or abandoned. The City may by subsequent resolution extinguish any such easement whenever the easement ceases to be used for public or private utility purposes.
(e) If not rescinded within ninety-one days following its adoption, the City Clerk shall cause to be recorded by the Calhoun County Register of Deeds a certified copy of the resolution vacating, discontinuing or abandoning any street, alley or public way or any portion thereof adopted pursuant to this section along with an affidavit stating that the resolution was not rescinded and shall send copies to the State Treasurer. Until recorded, the resolution shall have no force or effect.
(f) Notwithstanding the above section, a street, alley or public way dedicated for use by the public or a part thereof which is within twenty-five meters of a lake or general course of a steam, shall not be vacated, discontinued or abandoned except by order of the Circuit Court for Calhoun County.
(Ord. 9-01. Passed 7-10-01.)