Fulton Vacation of streets ordinance (§ 102-114)

(a) Three copies of a petition requesting the vacation of any street, alley or part thereof shall be filed with the city clerk and signed by all owners of property abutting upon the street, alley or part thereof which is to be vacated.

(b) Such petition shall be accompanied with three copies of a plat in of the street, alley, or part thereof desired to be vacated, along with a filing fee as found in the schedule of fees.

(c) All petitions requesting vacation shall be referred to the planning and zoning commission for its recommendation.

(d) The planning and zoning commission shall hold a public hearing on the proposed vacation. At least 15 days prior to such a hearing, notice of time, place, and subject matter shall be published in a newspaper of general circulation and notification letters notifying impacted or potentially impacted

property owners shall be sent to said owners. At the hearing, all interested persons shall be heard concerning the proposed vacation.

(e) Within a reasonable time after the hearing, the planning and zoning commission shall submit their advisory report to the city council. The report shall state the planning and zoning commission's recommendations regarding the vacation and their reasons thereof.

(f) Upon receipt of a recommendation from the planning and zoning commission, the city council shall act on the proposed street vacation within 30 days. The council may adopt an ordinance providing that it shall become effective when all the owners of property abutting upon the street, alley, or part thereof so vacated shall pay compensation in the amount to be determined by city council. The city council may require the following process be used:

(1) Determine the most recent equalized assessed value (E.A.V.) of the petitioner's unimproved land abutting the street, alley or part thereof which is to be vacated.

(2) Establish a cost per square foot of the unimproved land by dividing the E.A.V. by the square footage of the petitioner's land.

(3) Apply this rate per square foot to the number of square feet to be vacated by the city.

(g) If there are any public service facilities in such street, alley, or part thereof, the ordinance may also reserve the city or public utilities' rights-of-way or easements which are necessary for continuing public service.