Whenever the corporate authorities determine by affirmative vote of at least three-fourths (3/4) of the aldermen then holding office that the public interest will be subserved by vacating any street or alley, or part thereof, within the city of Des Plaines, they may vacate that street or alley, or part thereof, by so adopting an ordinance that determines which owner or owners of any real property abutting any portion of such street or alley so vacated shall acquire title upon vacation to all or any portion of the street or alley being vacated.
A. The ordinance shall not become effective until such owner or owners shall pay compensation to the city of Des Plaines in an amount which, in the judgment of the corporate authorities, shall be the fair market value of the property acquired or of the benefits which will accrue to them by reason of that vacation. The ordinance shall also reserve to the city of Des Plaines or to any public utility or both, as the case may be, owning such facilities, such property, rights of way and easements as, in the judgment of the corporate authorities, are necessary or desirable for continuing public service by means of those facilities and for the maintenance, renewal and reconstruction thereof.
B. The determination of the corporate authorities that the nature and extent of the public use or public interest to be subserved is such as to warrant the vacation of any street or alley, or part thereof, is conclusive.
C. Whenever an owner of property abutting upon any street or alley proposes to have the same or any part thereof vacated, said owner shall file with the office of the director of community development an application for vacation. A filing fee for each application of two hundred fifty dollars ($250.00) shall be paid therewith in addition to a cash deposit of eight hundred dollars ($800.00). The applicant shall be responsible to pay the actual cost of an appraisal which may be ordered by the corporate authorities to determine the value of the street or alley proposed to be vacated. The eight hundred dollar ($800.00) deposit shall be credited toward the actual cost of the appraisal fee and any excess amount above the actual cost shall be returned to the applicant or the applicant shall pay any additional amount above the eight hundred dollars ($800.00) to the City. (Ord. M-14-05, 5-16-2005)