[Added 11-24-2008 by Ord. No. 791]
Any citizen of the City may apply by petition
to the legislative body for the closing of any street, alley or avenue
in the City, in whole or in part, but before filing such application
the citizen shall give 30 days’ notice thereof in at least one
newspaper published in the City. The citizen shall also pay to the
City a fee as provided in the General Fee Ordinance.
Upon receipt of a citizen's petition to close,
in whole or in part, any street, alley or avenue in the City, the
legislative body shall take into consideration the reasons contained
in the petition and in any counterpetition which may be filed and
such other testimony as may come before it and determine the case
as, in its opinion, shall seem right and proper.
The legislative body shall determine whether
the damages adjudged by the examiners shall be paid by the persons
petitioning for the closing of any street, alley or avenue or any
part thereof or levied on the City, or may direct that the same be
paid by the petitioners and the City, in such proportion as it may
deem just, and that damages shall in all cases be paid to the respective
parties or their guardians, agents or attorneys before the alley,
street or avenue shall be closed, and in case of the death of any
party concerned, after the valuation made by the examiners or a majority
of them, the damages finally adjudged to him shall be paid to his
personal representatives.
The examiners appointed pursuant to this article
or a majority of them, after the giving of 30 days' notice thereof
in at least one newspaper published in the City, shall meet on the
premises and proceed to examine and determine whether the public convenience
requires that the street, alley or avenue or part thereof shall be
closed, and they shall cause a plat of the street, alley or avenue
or that part thereof to be closed to be made out and shall return
the same, together with a full report of their proceedings under their
hands, to the legislative body, together with their recommendations
as to the closing or continuing open of the street, alley or avenue
or part thereof in question and the reasons upon which such recommendations
are based.
If objection is made to the return of the examiners
at the meeting of the legislative body next succeeding the meeting
at which such return was made, the legislative body may proceed to
pass judgment thereon and affirm or reject the same or order it to
be amended in its discretion, or may continue over the proceedings
of its next meeting and so on from time to time, so long as it may
think proper.
The examiners shall be entitled to such compensation
for their services as may be prescribed by the legislative body, which,
with all charges arising from the survey or attendance of witnesses
or other expenses, shall be, in the discretion of the legislative
body, paid by the petitioners or levied, collected and paid by the
City or apportioned between the petitioners and the City as the legislative
body shall determine.