[R.O. 2008 §555.010; Ord. No. 314 §1, 8-8-1982]
A. 
A proceeding for any proposed vacation or termination may be begun by either of the following methods:
1. 
By resolution of the Board of Aldermen upon its own motion duly passed at any regular or special meeting thereof.
2. 
By written petition of any person or corporation owning property fronting or abutting any land included in or subject to use by such public square, park, street, avenue, alley, highway, roadway, pedestrianway, easement, right-of-way or other public way or use in the City, proposed to be vacated or terminated, addressed to the Board of Aldermen and verified by an affidavit of petitioner, if an individual, or an officer thereof if petitioner is a corporation, which petition shall be filed with the City Clerk prior to any action thereon by the Board of Aldermen.
[R.O. 2008 §555.030; Ord. No. 314 §3, 8-8-1982]
Promptly upon the adoption of such resolution, or the filing of such petition, the City Clerk, over his/her hand, shall give notice of the adoption of such resolution or the filing of such petition by publication in a weekly newspaper printed and published in the County, and having a general circulation in the City, for two (2) consecutive issues of such newspaper, the last publication to be not more than ten (10) days prior to the date and time to be stated therein upon which such resolution or petition shall be considered by such Board of Aldermen and which notice shall contain a description of the land as to which such vacation or termination is sought, and shall state the time and place of a meeting of the Board of Aldermen at which such Board shall consider the same.
[R.O. 2008 §555.040; Ord. No. 314 §4, 8-8-1982]
If the vacation proceeding is begun by the petition of an abutting or fronting property owner, the petitioner shall deposit with the City Clerk the sum of seventy-five dollars ($75.00) as a deposit for the payment of costs and expenses which may be incurred by the City by reason of such proceedings and shall further pay any other costs or expenses incident to the filing of such petition, the giving of such notice, and the filing for record of a certified copy of any ordinance which may be passed in pursuance of such vacation. If the deposit shall not be consumed for such purposes, the balance remaining after the completion of such procedure shall be returned to the petitioner. The petitioner shall pay any expenses not covered by this cost deposit.
[R.O. 2008 §555.050; Ord. No. 314 §5, 8-8-1982]
No resolution or petition shall be considered unless attached thereto are copies of letters, or affidavits if required, from all utilities, including municipal utilities, which may be affected by such vacation. Such letters or affidavits shall state whether or not there are any existing facilities and whether or not the utility has any objection to vacation of the easement or other interest.
[R.O. 2008 §555.060; Ord. No. 314 §6, 8-8-1982]
Plats may be vacated by following the required provisions for vacating all interest shown herein, including streets, easements, etc.
[R.O. 2008 §555.070; Ord. No. 314 §7, 8-8-1982]
If, upon the consideration of the resolution or petition, and after such notice, the Board of Aldermen shall deem it necessary to vacate or terminate such public square, park, street, avenue, alley, highway, roadway, pedestrianway, easement, right-of-way or other public way or use, or any part thereof, such Board of Aldermen may by ordinance, duly introduced, read and passed according to law, declare the same to be duly vacated and/or terminated.
[R.O. 2008 §555.080; Ord. No. 314 §8, 8-8-1982]
No vacation shall be made by the Board of Aldermen if it is determined that there will be damage to any person, unless compensation is provided therefor. In each case where a vacation is granted, the Board of Aldermen shall determine that the interest in question is not necessary to the public welfare.
[R.O. 2008 §555.090; Ord. No. 314 §9, 8-8-1982]
Each and every ordinance drawn to effect a vacation shall specifically provide as follows:
"The City (as well as any utility effected) retains the right to maintain, operate, repair and replace, by itself or by any licensee or a holder of a franchise from the City, any poles, wires, pipes, conduits, sewer mains, water mains, or any other facility or equipment for the maintenance or operation of any utility now located in the area affected by this vacation."
[R.O. 2008 §555.100; Ord. No. 314 §10, 8-8-1982]
Whenever any such vacation or termination shall be made, the title in land affected thereby shall pass or revert according to law.