A.   Petition Required: Any property owner desiring to vacate an existing subdivision, plat or part thereof, within the city's "area of impact", a public right of way or easement, or desiring to dedicate a street right of way or easement shall complete and file a petition with the city clerk.

   B.   Contents Of Petition: The petition for vacation shall set forth the particular circumstance of the request to vacate; contain a legal description of the platted area or property to be vacated and the names of the persons affected thereby. In the case where lots have been sold in a platted area, the petition should include an acknowledged written statement from each of the owners of the aforesaid sold lots indicating whether or not they are in agreement with the proposed vacation.

   C.   Administration Action: Upon receipt of the completed petition, the city clerk shall affix the date of petition acceptance thereon. The city clerk shall place the petition on the agenda for consideration at the next regular meeting of the planning and zoning commission.

   D.   Public Hearing: The planning and zoning commission shall hold a public hearing and make recommendations on all petitions for vacation of an existing subdivision, plat or part thereof inside or within the city's "area of impact", and notice of said public hearing shall be given, by certified mail with return receipt, at least ten (10) days prior to the date of the public hearing to all property owners within three hundred feet (300') of the boundaries of the area described in the petition. Such notice of public hearing shall also be published once a week for two (2) consecutive weeks in the official newspaper of the city, the last of which shall not be less than seven (7) days prior to the date of said hearing.

   E.   City Council Recommendation: Within sixty (60) days from the receipt of the petition for vacation, the planning and zoning commission shall transmit its recommendation to the city council. Said commission may recommend that the vacation be granted or it may recommend a modification to the vacation, or it may recommend that the vacation be denied.

   F.   Action By Council: The city council, prior to approving, modifying or denying the vacation, shall conduct a public hearing using the same notice and hearing procedures as the planning and zoning commission. Whenever public rights of way or lands are vacated, the city council shall provide adjacent property owners with a quitclaim deed for the vacated rights of way in such proportions as are prescribed by law.

   G.   Petition For Dedication: Petition for dedication shall set forth the particular circumstances of the request to dedicate, contain a legal description of the property to be dedicated and the names of the persons affected thereby.

   H.   Council Action: When considering a petition for dedication procedures, the city council may approve, deny or modify the petition. When a dedication is approved, the required street improvements shall be constructed or a bond furnished assuring the construction prior to acceptance of any dedication of the land, the owner shall furnish to the city council a deed describing and conveying such lands to be recorded with the county recorder. (Ord. 223, 7-13-2006)

All publication and filing costs shall be at the expense of the petitioner. (Ord. 223, 7-13-2006)