(A) The City Council may, by resolution, vacate any street, alley, public ground, public way, or any part thereof upon its own motion after a four-fifths vote of all members of the City Council.
(B) The City Council shall not vacate any such street, alley, public ground, public way, or any part thereof, unless it appears in the interest of the public following a hearing preceded by two weeks’ published and posted notice.
(C) Prior to hearing before the City Council, the petition shall be referred to the city’s Planning and Zoning Commission for its consideration and recommendation.
(D) (1) The Council shall cause written notice of the hearing, at least ten days before the hearing, to be mailed to:
(a) Each property owner whose property abuts the area sought to be vacated;
(b) Those persons who own property within the plat, if the area sought to be vacated is located within a plat; and
(c) All property owners within 350 feet of the area sought to be vacated.
(2) The notice must contain, at a minimum, a copy of the proposed resolution as well as the time, place, and date of hearing.
(E) If the street, alley, public ground, public way, or any part thereof terminates at or abuts upon any public water, no vacation shall be made unless written notice of the proposed resolution is served by certified mail upon the Commissioner of Natural Resources at least 30 days before the hearing on the matter. The notice to the Commissioner of Natural Resources is for notification purposes only and does not create a right of intervention by the Commissioner.
(F) If, following a hearing, the Council adopts a resolution vacating street, alley, public ground, public way, or any part thereof, the Clerk-Treasurer shall prepare a notice of completion of the proceedings, which shall contain the name of the city and identification of the vacation, a statement of the time of completion thereof, and a description of the real estate and lands affected thereby. The notice shall be presented to the County Auditor who shall enter the same in the transfer records and note upon the instrument, over official signature, the words “entered in the transfer record”. The notice shall then be filed with the County Recorder. Any failure to file the notice shall not invalidate any such vacation proceedings.
(Prior Code, § 4.6.4.1)