§ 151.078 HEARING; DETERMINATION.
   (A)   (1)   At the time fixed by the Council for hearing the petition and any objections filed thereto or at any postponement or continuance of such matter, the Council shall hear the petition and objections and shall determine whether the consent of the owners of the requisite area has been obtained, whether notice has been duly given and whether the public interest will be prejudiced by the vacation of such plat or street or parts thereof.
      (2)   If such matters are determined in favor of the petition the Council shall by ordinance make such determination a matter of record and vacate such plat or street; otherwise it shall deny the petition.
      (3)   The Council may, upon hearing, grant the petition in part and deny it in part, and make such reservations, or either, as appear to be for the public interest.
   (B)   The reservations or conditions may pertain to:
      (1)   The maintenance and use of underground public utilities or service facilities in the portion vacated;
      (2)   Limitations on use of the area above and adjacent to underground utilities or service facilities;
      (3)   Moving at petitioner’s expense of utility or service facilities either below, on or above the surface;
      (4)   Construction, extension, or relocation of sidewalks and curbs;
      (5)   Grading or pavement extensions;
      (6)   Dedication for street use or other area in lieu of the area to be vacated;
      (7)   Replat; and
      (8)   Any other matter of like or different nature relating to the vacated area and remaining or relocated street area adjacent to petitioner’s property or area dedicated in lieu of the vacation area.
(Ord. 319, passed 9-12-1988)