12.24.020 Petition by owners.
(1) The owners of an interest in any real estate abutting upon any street or alley who may desire to vacate the street or alley, or any part thereof, may petition the town council to make vacation, giving a description of the property to be vacated, or the town council may itself initiate by resolution such vacation procedure. The petition or resolution shall be filed with the town clerk.
(2) For the purpose of determining the sufficiency of signatures of owners of private property on the petition or consent to vacate, the following rules shall govern:
(a) The signature of owner, as determined by the records section of the Department of Records and Elections.
(b) In the case of property subject to a contract of purchase, the signatures of the contract vendor and vendee shall be required.
(c) In the case of ownership by corporation, the signature of any officer authorized by the bylaws or resolution of the board of directors shall be sufficient when evidenced by an excerpt of the bylaws of the resolution, certified by the secretary of the corporation, granting such authority.
(d) In the case of property owned by the estate of a decedent or incompetent, the signature of the duly qualified administrator or executor or guardian shall be equivalent to the signature of the owner of the property.
(3) A petition will be deemed sufficient if the petition is signed by the owners of more than two-thirds of the property abutting upon the part of the street or alley sought to be vacated.
(4) No petitioner may withdraw his petition or consent after town council has set a time for hearing, although the petitioners may be heard at the public hearing, to present any information which bears upon the public advantage to be served or harmed by the proposed vacation.
(5) A petition must include a drawing and legal description of the property or right-of-way to be vacated. (Res. 379 § 2, 2019)