A property owner whose property contains or abuts a public easement or right-of-way, and is located within the city limits, may apply to the city for a vacation, in whole or in part, of the public easement or right-of-way. An application for vacation of public easements and rights-of-way, as established by the planning director, accompanied by the following information, shall be submitted to the planning director:
(1) 
A nonrefundable processing fee as approved by the city council;
(2) 
Copies of recorded deeds showing current ownership of all properties containing or abutting the public easement or right-of-way proposed to be vacated;
(3) 
Three (3) official copies of the survey of the area requested for vacation, showing all abutting property boundaries, improvements, dimensions, and other easements or rights-of-way contained on the property. The survey must be prepared by a professional land surveyor registered in the state;
(4) 
A metes and bounds description of the property to be vacated and calculations showing the square feet; and
(5) 
One (1) copy of the subdivision plat or instrument by which the public easement or right-of-way was dedicated, showing the recording information.
(Ordinance 0085, sec. I, adopted 11/9/99; Ordinance adopting Code)
The planning director shall, upon receipt of an application for vacation of public easements or rights-of-way, determine whether or not the application meets all of the content requirements for submittal. An application not meeting all of the submission requirements of this article shall be returned to the property owner within ten (10) working days following the date of acceptance for review of application completeness, indicating the information which is lacking on the application. If an application accepted for review of application completeness is not returned to the property owner within the ten (10) working day review period, the application shall be deemed accepted.
(Ordinance 0085, sec. II, adopted 11/9/99; Ordinance adopting Code)
(a) 
Procedure.
(1) 
Upon acceptance of an application for vacation of a public easement or right-of-way, the planning director shall process the application. Written comments and recommendations on the application for public easement or right-of-way vacation shall be submitted [by] the planning director to the planning and zoning commission within two (2) weeks from the date of distribution. All objections to the application shall be submitted in writing. Comments and recommendations not submitted or received within the specified time period shall result in the comments not being considered by the planning and zoning commission, and shall require that the affected member’s late comments and recommendations be presented directly to the city council.
(2) 
The planning director shall present the application for vacation of public easements or rights-of-way to the planning and zoning commission, who shall recommend approval, approval with modifications or disapproval, subject to any written comments and recommendations. The recommendation(s) of the planning and zoning commission, accompanied with an explanation of their recommendation(s), shall be presented to the city council.
(3) 
A copy of these recommendations shall be provided to the property owners making the application at least three (3) working days prior to the city council hearing.
(4) 
Upon a favorable recommendation from the city council on the application for vacation of public easements or rights-of-way, the planning director shall forward the information to the city attorney for preparation of the vacation ordinance and for securing the necessary appraisal. Upon completion of establishing the market value of the public right-of-way, the planning director shall forward the request to the city council for finalization.
(b) 
Notice of public hearing.
(1) 
Public easement vacation.
Notice of the planning and zoning commission and the city council hearing shall not be required personally to abutting property owners when the application is for vacation of a public easement.
(2) 
Public right-of-way vacation.
(A) 
Planning and zoning commission hearing.
(i) 
Letters giving notice of the planning and zoning commission public hearing shall be mailed by the planning director to all property owners:
a. 
Abutting the public right-of-way proposed to be vacated;
b. 
Within the block contiguous to the public right-of-way proposed to be vacated; and
c. 
Within a two hundred (200) foot radius of the public right-of-way proposed to be vacated.
(ii) 
Notice shall be given at least ten (10) days prior to the public hearing. Property ownership information shall be taken from the last available and approved ad valorem tax roll of the city.
(iii) 
Further, the planning director shall place a legal notice in the official newspaper providing information of the public hearing before the planning and zoning commission on the public right-of-way proposed to be vacated. Notice shall appear in the newspaper ten (10) days prior to the public hearing date.
(B) 
City council hearing.
(i) 
Letters giving notice of the city council public hearing shall be mailed by the planning director to all property owners:
a. 
Abutting the public right-of-way proposed to be vacated;
b. 
Within the block contiguous to the public right-of-way proposed to be vacated; and
c. 
Within a two hundred (200) foot radius of the public right-of-way proposed to be vacated.
(ii) 
Notice shall be given at least ten (10) days prior to the public hearing. Property ownership information shall be taken from the last available and approved ad valorem tax roll of the city.
(iii) 
Further, the planning director shall place a legal notice in the official newspaper providing information of the public hearing before the city council on the public right-of-way proposed to be vacated. Notice shall appear in the newspaper ten (10) days prior to the public hearing date.
(Ordinance 0085, sec. III, adopted 11/9/99; Ordinance adopting Code)
Where the city planning and zoning commission denies an application for vacation of public easements or rights-of-way, no vacation ordinance shall be prepared and submitted to the city council for finalization. The applicant may, in writing, request an appeal to the city council by placing an item on the agenda at a regularly scheduled city council meeting. The applicant’s appeal must be made in the office of the city clerk within fifteen (15) days of the denial by the city planning and zoning commission. The city council may deny the appeal for vacation of the public easement or right-of-way or may direct the preparation of the vacation ordinance.
(Ordinance 0085, sec. IV, adopted 11/9/99)
(a) 
Applicability.
(1) 
Where required by state law, an appraisal shall be made of public right-of-way for which an application for vacation has been submitted. The applicant shall pay for all appraisal fees incurred by the city. The appraisal shall be requested to determine the market value of the city’s interest in the public right-of-way. The cost of the appraisal will be reimbursed to the city by the applicant whether or not the application is finally approved by the city council. The applicant shall submit a check payable to the city for all appraisal fees before the application is forwarded to the city council for finalization.
(2) 
No appraisal shall be required for an application for vacation of a public easement. The market value of the city’s interest in the public easement is deemed to be zero.
(b) 
Date of valuation.
The date for establishing the market value of the public right-of-way proposed to be vacated shall be the date the application is accepted by the planning director.
(c) 
Cases of disputed value.
If the first appraisal obtained by the city is disputed by the applicant, the applicant shall obtain a second independent appraisal at the applicant’s expense. The city must agree on the qualifications of the second independent appraiser before the appraisal is requested by the applicant. If the city attorney determines that there is a substantial difference between the two appraisals, the city will contact a third independent appraiser to perform a review appraisal, the cost of which shall be paid by the applicant. The city council shall then make a final determination of the market value, which shall be binding on all parties.
(Ordinance 0085, sec. V, adopted 11/9/99)
(a) 
Application fee.
Before the city council authorizes the vacation of all or part of a public easement or right-of-way, the applicant shall pay a nonrefundable application fee as established by city council.
(b) 
Fees for vacation of right-of-way.
In addition to the application fee, the applicant shall pay the following:
(1) 
The cost of the appraisal;
(2) 
The appraised market value of the city’s interest in the public right-of-way;
(3) 
The applicant shall pay for all attorney fees incurred by the city; and
(4) 
The applicant shall pay for all engineering fees incurred by the city.
(c) 
Publication costs.
The applicant shall be responsible for all costs for publishing notices related to the application for vacation of public easements or rights-of-way when it is presented before the city council for finalization. These costs shall be due upon receipt of billing from the city.
(Ordinance 0085, sec. VI, adopted 11/9/99)
No application for vacation of public easements or rights-of-way shall be resubmitted within a twelve (12) month period from the date of final action by the city planning and zoning commission or the city council, whichever action occurs last.
(Ordinance 0085, sec. VII, adopted 11/9/99)