Any request or petition by any party or person made to the City of Martinsburg requesting the abandonment or vacation of any street or alleyway by the City shall be accompanied by an application fee of one hundred dollars ($100.00) payable to the City, which fee shall be nonrefundable except when Council fails to pass an ordinance abandoning and vacating the subject street or alleyway through the first two readings of the abandonment ordinance, in which instance the one hundred dollar ($100.00) application fee shall be returned to the applicant or petitioner. In the event the ordinance abandoning and vacating the alleyway or street is passed through three readings and adopted, and the costs of publication of the notice of abandonment hearing, if paid by the City, is more than one hundred dollars ($100.00) then the amount of the costs of publication in excess of one hundred dollars ($100.00) shall be paid by the applicant or petitioner to the City no later than the effective date of the abandonment ordinance.
(Ord. 92-8. Passed 4-16-92.)