[Amended 5-7-2018 by Ord.
No. 499]
After a petition for vacation is filed, the
City Council shall consider the same and in so doing may require the
petitioner to furnish proof of any statement or allegation contained
therein. If the Council finds that the petition is in proper form
and deems it desirable that the matter be proceeded with, it shall
by resolution provide for a public hearing on the petition and for
the giving of notice of said hearing by the City Administrator or
his/her designee.
In any case where the City of Breckenridge owns
or occupies any platted area or any property abutting on any street,
alley or roadway, it may commence proceedings for vacation of such
platted area or street, alley or roadway, or any portion thereof,
by resolution of its Council without a petition. In such cases, all
provisions herein pertaining to notice, hearing and action to be taken
subsequent to hearing shall be the same as if such proceedings to
vacate were commenced by petition.
At the hearing provided for in the notice, the
Council shall hear all persons present and wishing to be heard and
shall consider all testimony presented, whether written or oral, pertaining
to said proposed vacation and damages to any person or property which
may result because of such vacation. Such hearing may be adjourned
from time to time by motion of the Council, recorded in the minutes,
and in cases of adjournment, no new notice need be given. If the Council
finds that it would be in the public interest, it may, by resolution,
declare such street, alley, roadway or platted area, or any portion
thereof, vacated. If it appears at such hearing that any person will
suffer damages different in kind from that suffered by the general
public as a result of said vacation, the Council may assess such damages
and provide for their payment before such vacation becomes effective.
The Council may also make such vacation subject to any other condition
or limitation that the Council may determine to be in the public interest.
Notwithstanding any other provision of this
article to the contrary, the Council may vacate a dead-end street
or alley without notice or a public hearing in any case where the
petition requesting such vacation is signed or consented to by all
of the owners and occupants of all of the property abutting both sides
and the end of such dead-end street or alley, or portion thereof,
requested to be vacated.
[Amended 5-7-2018 by Ord.
No. 499]
Within 20 days after the adoption of a resolution
of the City Council granting a vacation, any person aggrieved thereby
may appeal to the District Court by serving a notice of appeal upon
the Mayor or City Administrator or his/her designee of the City of
Breckenridge. Such notice shall state the grounds on which the appeal
is based and shall be filed with the clerk of the District Court within
10 days after its service. The City Administrator or his/her designee
shall furnish to the appellant a certified copy of the resolution
granting vacation and any other papers necessary to present the appeal.
The appeal shall be placed on the calendar of the next general term
of the District Court commencing more than 15 days after the serving
of such notice. All objections to the vacation and claims for damages
resulting from the vacation shall be deemed waived unless presented
on appeal.
[Amended 9-17-1973 by Ord. No. 288; 5-7-2018 by Ord. No.
499]
Upon completion of any vacation proceedings
which shall be deemed to be after the time for appeal has expired
or if there is an appeal after the time the appeal has been determined
and after all conditions contained in the resolution of vacation have
been complied with, the City Administrator or his/her designee shall
present to the County Auditor, who shall enter the same in the transfer
records and then record in the office of the Register of Deeds, a
notice of completion of the proceedings. No vacation shall be effective
until this notice is recorded in the office of the Register of Deeds.