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7-1-4: CLOSING PUBLIC WAY OR EASEMENT, PROCEDURE 1 :
A. Notice Of Date And Hearing: Whenever it is desired to close or to consider the closing to the public use of any public way or easement, the mayor and board of commissioners shall by motion fix a date for closing or considering the closing of such way or easement and which date shall afford sufficient time to give thirty (30) days' notice. Thereupon, the city clerk shall, more than thirty (30) days prior to such date, mail a notice of such date and hearing on the proposed closing of a public way or easement, to the holders of a franchise or others designated by the mayor and board of commissioners to have a special right or privilege granted by ordinance or legislative enactment to use the public way or easement. The clerk shall certify to the mayor and board of commissioners that such notice has been mailed.
B. Fees And Costs: Any private person who requests the city to close a public way or easement to public use shall provide a list containing the names and mailing addresses of all owners of property lying within three hundred feet (300') of the exterior boundary of the subject property, as certified by a licensed and bonded abstracting company or title insurance company. The applicant shall also pay to the director of finance at the time of making the request the fee as provided in subsection 2-6A-7A of this code.
C. Refund Of Fee: Should the applicant withdraw his application in writing, prior to the setting of the hearing by the mayor and board of commissioners, the fee provided in subsection 2-6A-7A of this code shall be refunded to said applicant. (1994 Code § 30-4; amd. Ord. 2003-06, 3-18-2003; 2003 Code)
2. State law reference - vacating streets and alleys, 11 OS § 42-101 et seq.