(A) Vacation of dedicated public street, alley, waterway or other public place.
(1) Procedure for filing of application.
(a) The owner or owners of all property abutting a publicly dedicated street, alley, waterway or other publicly dedicated place, from which the publicly dedicated land was originally dedicated and to whom the reversionary rights belong may make application to the city to vacate such publicly dedicated land.
(b) The application shall be filed with the City Engineer on forms furnished by that office. A fee as prescribed by resolution of the City Commission shall be charged to defray expenses incident to the processing of said application.
1. The application shall include ten copies of a map showing the vacation request. The map shall be of such area and scale as is required to show all factors of the area that will be involved in the proposed vacation, and any alteration of present conditions that will occur.
2. The application shall also include ten copies of a report on the historical aspects of the area under consideration, giving full details of all past actions that have had an impact on the matter. Specifically, the report shall show:
a. Full information relative to time and method of transfer to public usage.
b. When, where and how recorded.
c. Any cost to city arising from transfer.
d. Names of all owners, with locations, other than the petitioners, having any type of interest in the proposed vacation.
e. Date when public usage started.
f. Nature and quantity of public use, by year, for each of five years immediately preceding last year.
g. Nature and quantity of public use during past year.
h. Any improvements to property by city since transfer to public usage.
i. Any utility installations.
j. Any service by city to abutting property owners.
k. What disposition will be made of present improvements and/or utility installations if the property is vacated.
l. If traffic is involved, whether adequate facilities will be available or provided by applicant, and if so, by what means, such as, by use of existing facilities, by dedication of corresponding facilities, or otherwise, giving full particulars. Failure to include significant information may be reason for rejection of a petition.
(2) Action of Engineering Division. In processing said application, the Engineering Division shall notify the Florida Power and Light Company, Southern Bell Telephone and Telegraph Company, Peoples Gas System Company and any other appropriate utility companies and agencies, of such application. Replies from all those notices of the action shall be made within ten days of their notification. In the absence thereof, any company or agency having failed to reply shall be considered to have waived any right of objection. A report on the replies received in response to the notices shall be presented to the City Commission.
(3) Action of City Commission. The applica-tion, with the City Engineer's recommendations and all data pertaining to the application, shall be submitted to the City Commission. The application shall then be placed on the agenda of the Commission by the City Clerk at a regular meeting of the Commission. The Commission may approve the application as submitted, or with such conditions as it feels appropriate, or it may deny the application. If the Commission approves the application, it shall adopt an ordinance setting forth the terms of approval. The ordinance shall be recorded in the public records of Broward County.
(B) Vacation of easements on private property.
(1) Procedure for filing of application.
(a) Initiation. The owner or owners of private property upon which a lawful easement exists may make application to the city to vacate such easement.
(b) Filing and fee. The application shall be filed with the City Engineer on forms furnished by that office. A fee as prescribed by resolution of the City Commission shall be charged to defray expenses incident to the processing of said application.
1. The application shall include five copies of a map prepared by a surveyor registered in the state, showing the vacation request. The map shall be of such area and scale as is required to show all factors of the area that will be involved in the proposed vacation, and any alteration of present conditions that will occur.
2. The application shall include a record of all utility installations within the easement.
3. The application shall include a record of all parties who possess rights to utilize the easement requested for vacation, and written notification of their willingness to consent to the requested vacation.
(c) Notification of utility companies. In processing said application, the Engineering Division shall notify the Florida Power and Light Company, Southern Bell Telephone and Telegraph Company, Peoples Gas System Company, and any other appropriate utility company and agencies of such applications.
(d) Action of City Commission. The application with the City Engineer's recommendations and all data pertaining to the application, shall be submitted to the City Commission. The application shall be placed on the agenda of the City Commission as a consent item by the City Clerk at a regular meeting of the Commission. The Commission may approve the application as submitted, or with such conditions as it finds appropriate; or it may deny the application. If the Commission approves the application, it shall adopt aresolution setting forth the terms of the approval. The resolution shall be recorded in the public records of Broward County.
('72 Code, § 17-19) (Ord. O-71-147, passed 12-1-77; Am. Ord. O-81-61, passed 10-9-81; Am. Ord. O-82-30, passed 7-7-82; Am. Ord. O-94-04, passed 1-26-94; Am. Ord. O-97-06, passed 3-5-97)