§ 2-766. Abandonment of streets and alleys.

(a)

All persons desiring to have the city exercise its powers regarding abandoning, altering, closing and vacating of streets, alleys and other public ways and portions thereof shall file their petition with the city clerk, in writing, directed to the city council. Such petition shall contain a description of the street, alley or portion thereof, as the case may be, and attached to the request shall be a list of all owners abutting the street, alley or portion thereof, together with the last known address of all such owners. If all abutting property owners do not join in the petition, a statement shall be attached to the request showing the reason for nonparticipation of those who have not signed. The city clerk shall make the city tax rolls available to any petitioner under this article for the purpose of determining the names and addresses of all abutting property owners, and the tax rolls shall be conclusive as to the names of the abutting property owners for the purposes of this article.

(b)

Upon the filing of such request and the fee as provided in this section, the city clerk shall mail notices of the request and release forms by certified mail, return receipt requested, to all abutting property owners. Any person filing such petition shall pay the abandonment application fee as prescribed [in] section 2-595 upon filing the application. The requirements of this subsection shall apply equally to section 2-767 concerning the abandonment of easements.

(c)

If the petition requests that only a portion of a through street, alley or public way which is open to public access from either direction is to be abandoned, altered, closed or vacated, it shall be necessary for the petitioner to provide the city clerk with the names and last known mailing addresses of all abutting property owners both for the portion to be closed and for that portion which is to remain open in either direction up to the next intersection with another street, alley or public way. Notices and release forms will be mailed to all such abutting property owners for the closed and open portions of the street, alley or public way as provided in subsection (b) of this section.

(d)

The proposed action by the city council shall be placed on the agenda for the next public meeting of the city council after the filing of the petition or such public meeting as the city council may set, provided that at least ten days have elapsed from the date the request is filed until the date of the meeting in order to allow sufficient time for the mailing of notices and release forms to the abutting property owners.

(e)

Streets or alleys, whether owned in fee or used by easement, may be sold to the abutting owners, in proportion to the underlying fee ownership as exists or would exist if by easement. When ownership is of the underlying fee, the apportionment shall be determined by the city council, which determination will be final. Upon the payment of a fee of $100.00 or the appraised market value of the street or alley based on not less than one appraisal, whichever is greater, and after abandonment of street or alley, the city will deliver a quitclaim deed to the owners of the fee simple title thereto or abutting owners. The determination of the market value of any street or alley as fixed by the city council shall be final.

(f)

This section shall not be construed to give any person the vested right to compel the city to abandon or vacate a street or alley.

(Code 1967, § 26-50; Ord. No. 2868, § 1, 4-10-80; Ord. No. 3028, § 1, 11-13-80; Ord. No. 12,986 , § 5, 10-8-15)

Note— It should be noted that § 5 of Ord. No. 12,986 , adopted Oct. 8, 2015, has an effective date of Jan. 1, 2016.