[Adopted 1-14-1991 by Ord. No. 91-1]
The Town Council, with respect to property under its control within the territorial limits of the Town of Zolfo Springs, Florida, may in its own discretion, and at its own motion, or upon the request of any agency of the state or of the federal government or upon petition of any person or persons:
Vacate, abandon, discontinue and close any existing public or private street, alleyway, road, easement or other place used for travel, or any portion thereof, other than a state, county or federal highway, and renounce and disclaim any right of the Town of Zolfo Springs, Florida, and the public in and to any land in connection therewith;
Renounce and disclaim any right of the Town of Zolfo Springs, Florida, and the public in and to any land or interest therein acquired by purchase, gift, devise, dedication or prescription for any street, alleyway, road or easement other than lands acquired for state, county or federal highways; and
Renounce and disclaim any right of the Town of Zolfo Springs, Florida, and the public in and to any land, other than land constituting or required for state, county or federal highways, delineated on any recorded map or plat as a street, alleyway, road or easement.
Before any request for vacation is placed on the Town Council agenda, a petition of vacation shall be filed with the Town Clerk, along with payment of the filing fee to be established, but subject to modification from time to time by resolution of the Town Council and completion of appropriate staff review.
The petition shall be signed by the petitioner or his attorney and shall include the following:
A legal description of the street, road, alleyway or easement to be vacated, along with a map or plat indicating the same thereon.
A list of the names and addresses of all property owners abutting upon the described lands and a statement of what effect, if any, the vacation of such street, alleyway, easement or road may have upon other property owners in the area.
Letters from appropriate officials of each utility company and cable television company operating in the general area, stating their objections, if any, to the vacation. If there are no objections, the letter shall so state.
In addition to the filing fee, all costs and expenses of surveys, preparation of plats, costs of publication, mailing expenses, recording costs, legal expenses and all other costs and expenses incurred in the processing of said petition to vacate by the petitioner and/or the Town shall be paid by the petitioner prior to setting the public hearing and placing the petition on the Town Council agenda.
Upon the filing of a petition, the Town Clerk shall furnish a copy thereof to the Town Attorney, who shall examine same for completeness and notify the Town Clerk in writing as to his opinion thereon. If the petition is found incomplete by the Town Attorney, the Town Clerk shall notify the petitioner in writing, who shall be given a reasonable time to make the petition complete.
Upon the filing of a petition and a determination of sufficiency in accordance with § 240-4 above, or upon motion of the Town Council, the Town Clerk shall furnish a copy thereof to the Town Building Inspector and the Planning and Zoning Board of the Town of Zolfo Springs, which shall, within a thirty-day period of time, review the same and file their recommendations with regard thereto. If the petition is rejected by the persons or Board named above, the objections shall be outlined and the reasons given therefor to the petitioner.
Upon the filing of a petition, the petitioner shall also mail a copy of the petition to each abutting property owner or other owner of record of lots or parcels that may be affected by the vacation, or as directed from preliminary staff review or from Council action, by certified mail with return receipts requested. The return receipts shall be filed with the Town Clerk prior to the setting of the public hearing to be held upon the petition.
After the filing of all information and required recommendations and opinions as outlined hereinabove, and the payment by the petitioner of the incurred and projected public hearing costs, the Town Clerk shall place the petition, motion of the Town Council or request of an agency of the state or federal government made pursuant to § 240-1A, B or C herein upon the agenda of the Town Council for the purpose of holding a public hearing thereon. The Town Clerk shall publish a notice of said public hearing one time in a newspaper of general circulation in the county at least two weeks prior to the date stated therein for such public hearing, and the Town Clerk shall also mail notice of the public hearing to all affected property owners.
[Amended 4-24-2018 by Ord. No. 2018-01]
During or after such public hearing, any action of the Town Council vacating any road, street, alleyway or easement shall be evidenced by an ordinance duly adopted and entered upon the minutes of the Town Council.
Notice of the adoption of such ordinance of the Town Council shall be published one time within 30 days following its adoption in one issue of a newspaper of general circulation published in the county.
[Amended 4-24-2018 by Ord. No. 2018-01]
The proof of publication of notice of the public hearing, the ordinance, as adopted, and the proof of publication of the notice of the adoption of such ordinance, shall be recorded in the public records of Hardee County, Florida, by the Town Clerk.
Any unexpended funds advanced by the petitioner, excluding the filing fee, shall be refunded to the petitioner.
The actions by the Town Council heretofore taken closing, vacating or abandoning any road, street, alleyway or easement as herein described and appearing in the minutes of such Town Council are hereby ratified, approved and confirmed in all respects, and such roads, alleyways, streets and easements are declared closed, vacated and abandoned, consistent with the provisions of the resolution or other action of such Town Council as shown by the official minutes.
The act of the Town Council of the Town of Zolfo Springs, Florida, in closing or abandoning any such road, street, alleyway or easement or in renouncing or disclaiming any rights in any land delineated on any recorded map as a road, street, alleyway, or easement shall abrogate the easement, alleyway, street or road therefor owned, held, claimed or used by or on behalf of the public and the title of the fee owner shall be released therefrom, and if the road, street, alleyway or easement has vested in the Town of Zolfo Springs, Florida, the same will be thereby surrendered and will vest in the abutting fee owners in accordance with the laws of the State of Florida.