A. Each petition to vacate, alter, or amend a street, right of way or easement shall include:
1. The name and address of each owner of record of land that is:
a. Adjacent to the public street, right of way, or easement; or
b. Accessed exclusively by or within three hundred feet (300') of the public street, right of way or easement; and
2. The signature of each of these owners who consents to the vacation.
B. If a petition is submitted containing a request to vacate some or all of a street, right of way, or easement, the city council shall hold a public hearing in accordance with noticing requirements set forth in the zoning ordinance and determine whether:
1. Good cause exists for the vacation; and
2. The public interest or any person will be materially injured by the proposed vacation.
C. The city council may adopt an ordinance granting a petition to vacate some or all of a public street, right of way, or easement if the city council finds that:
1. Good cause exists for the vacation; and
2. Neither the public interest nor any person will be materially injured by the vacation.
D. If the city council adopts an ordinance vacating some or all of a public street, right of way, or easement, the city council shall ensure that one or both of the following is recorded in the Emery County recorder's office:
1. A plat reflecting the vacation; or
2. An ordinance described in subsection C of this section.
E. The action of the city council vacating some or all of a street, right of way, or easement that has been dedicated to public use:
1. Operates to the extent to which it is vacated, upon the effective date of the recorded plat, as a revocation of the acceptance of and the relinquishment of the city's fee in the vacated street, right of way, or easement; and
2. May not be construed to impair:
a. Any right of way or easement of any lot owner; or
b. The franchise rights of any public utility. (Ord. 2014-02, 4-8-2014)