(A) No public grounds or streets shall be vacated, except upon the Council’s own motion or upon the petition directed to the Council of a majority of the owners of property on the line of the public grounds or streets residing within the city, and completion of the procedure hereinafter specified. The petition shall set forth the reasons for the desired vacation, accompanied by a plat of public grounds or streets proposed to be vacated and the petition shall be verified by the oath of a majority of the petitioners residing within the city.
(B) If, in the discretion of the Council, it is expedient that the matter be proceeded with, it may order the petition filed for record with the City Administrator, order a hearing on the petition and fix the time and place of the hearing.
(C) The City Administrator shall give notice of the hearing by publication in the city’s legal newspaper and posted at least two weeks prior to the hearing. Newspaper publication must be once a week for two weeks. In addition, written notice of the hearing must be mailed to each property owner affected by the proposed vacation at least ten days before the hearing at the last known addresses to be obtained from the office of the County Auditor. The notice shall state, in brief, the object of the hearing, the time, place and purpose thereof and the fact that the Council shall hear the testimony and examine the evidence of the parties interested.
(D) The Council, after hearing the same, may, by ordinance passed by an affirmative vote of six members, declare the public grounds or streets vacated or deny the petition. The Council may require that any and all costs of public improvements on the public grounds or streets being vacated be reimbursed to the city by the benefitted property owner or owners, prior to the adoption of a vacation ordinance. Further, the Council may specify the extent to which the vacation affects existing easements therein and the extent to which the vacation affects the authority of any person, corporation or municipality owning or controlling electric or telephone poles and lines, gas and sewer lines, or water pipes, mains and hydrants, thereon or thereunder, to continue maintaining the same or to enter upon the way or portion thereof vacated to maintain, repair, replace, remove or otherwise attend thereto. The ordinance, if granting the petition, shall be certified by the City Administrator and shall be filed for record and duly recorded in the office of the Register of Deeds in and for the county.
(E) A filing fee shall accompany each petition for vacation of a street in the amount as the Council may fix therefor, and to cover out-of-pocket expenses of the city. If the petition is not granted, the fee shall be refunded to the petitioner.
(2002 Code, § 5.09) (Ord. 74, Second Series, effective 11-1-1975; Ord. 23, Fourth Series, effective 12-15-1991; Ord. 31, Seventh Series, effective 7-25-2015) Penalty, see § 151.999