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Mr. Parks M. Carmichael Chiefland City Attorney Gainesville, Florida

Dear Mr. Carmichael:

You ask the following questions:

1. May a municipal legislative body vacate a street or alley by resolution as well as by ordinance?

2. May such ordinance be adopted as an emergency ordinance, if an ordinance is required?

In sum:

1. Within the purview of the definitions of the words "ordinance" and "resolution" contained in section 166.041, Florida Statutes, it would appear that, at least with respect to the permanent vacating of a street or alley by a municipal legislative body, the more appropriate procedure…