Petition to vacate — Notice of hearing

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  1. (a) The owners of any property abutting upon a street or alley referred to in § 14-301-301, may file a petition with the city or town council requesting the council to vacate the street or alley, or a portion thereof.

  2. (b) The petition shall designate the street or alley, or a portion thereof, to be vacated, and there shall be filed with the petition a certified or photostatic copy of the portion of the plat filed in the office of the county recorder which shows the street or alley to be vacated, together with the lot and block numbers of each lot which abuts upon the street or alley to be vacated.

  3. (c) At the next regular or special meeting of the council, the council shall, by resolution, fix a day for the hearing of the petition and shall direct the city clerk or town recorder to give notice of the meeting by publication once a week for two (2) consecutive weeks in some newspaper published in the county and having a general circulation in the city or town.

  4. (d) The notice shall:

    1. (1) State the names of the persons who sign the petition;

    2. (2) State the name of the street or alley, or the portion thereof, to be vacated. If the street or alley is not named on the plat, the notice shall identify the street or alley by the abutting lot or block numbers; and

    3. (3) Advise all persons that on a certain day named in the notice, the council will hear and determine whether the street or alley shall be vacated.


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