[R.O. 2012 §540.190; Ord. No. 4816 §2, 2-9-1948; CC 1973 §31-68]
Vacation of streets, alleys and common-ways in the City shall be initiated by the filling of a petition, describing the street, alley, or common-way to be vacated, said petition shall recite the names of the owners on both sides of the way to be vacated, and signed by the parties filing said petition; provided, however that the Council may dispense with the necessity of said petition by motion.
[R.O. 2012 §540.200; Ord. No. 6591, 11-1-1976]
NOTICE
Upon the filing of a petition to vacate any street, alley or way the City Clerk shall cause the following notice to be published one (1) time in the official newspaper of the City:
DESCRIPTION
Notice is hereby given that on the _____ day of ______, 20__, at a duly convened meeting of the Planning and Zoning Commission of the City of Excelsior Springs, Missouri, an ordinance for the vacating of the following streets, alleys, and common ways, to wit:
will be considered for recommendation or rejection by the Planning and Zoning Commission for enactment by the Council, and this shall constitute the only notice on said petition. At said meeting, all persons interested may file remonstrances and appear and be heard.
   City Clerk
The notice herein provided for shall be published not more than ten (10) days, nor less than five (5) days of the meeting at which the vacation ordinance is to be acted upon.
[R.O. 2012 §540.210; Ord. No. 4816 §4, 2-9-1948; CC 1973 §31-70]
Upon a filing of a remonstrance or objection to the vacation of a street, alley or way, pursuant to this Article, or a personal appearance at the meeting at which the vacation ordinances is considered in objection thereto, the Council shall request the petitioners to furnish written consent to such vacation, signed and acknowledged by two-thirds (⅔) of the owners of the abutting and adjoining the streets, alleys, or common-ways to be vacated.
Upon the consent being filed, the Council may in its discretion enact or refuse to enact the vacation ordinance. If no remonstrances or objections are filed, then enactment of said ordinance shall be entirely dependent upon the discretionary power of the Council, and no consents shall be necessary; provided, that the petitioners constitute two-thirds (⅔) of the owners of the abutting and adjoining property.
[R.O. 2012 §540.220; Ord. No. 4816 §5, 2-9-1948; CC 1973 §31-71]
Upon the enactment and passage of any ordinance vacating a street, alley or way under this Article, it shall be the duty of the Mayor, or acting Mayor if the Mayor shall be absent or unable to act, to execute the proper conveyances, and for the City Clerk to attest said signature and affix the official seal of said City, and to record the entire proceedings with the County Recorder of Deeds.
[R.O. 2012 §540.230; Ord. No. 4816 §6, 2-9-1948; CC 1973 §31-72]
All costs incurred in any proceedings initiate under this Article shall be paid by the persons petitioning for the vacating of a street, alley or way.