(a) No dispositive action shall be taken by the Commission in connection with a proper application to close or abandon a City street, alley or travel way unless a quorum of the Commission shall have heard and acted by majority vote thereof. For the purposes of this article, a quorum shall consist of five members of the Commission.
(b) All proceedings had before the Commission in connection with a proper application to close or abandon a City street shall be recorded and duly transcribed verbatim by a duly licensed court reporter or other person capable of taking all testimony received before the Commission, who shall prepare and file with the Commission a complete and accurate transcript thereof.
(c) Any applicant may be represented by legal counsel or such other person as he may designate in any application made to the Commission in accordance with the terms of this article.
(d) In all such applications hereunder, the applicant shall have the burden of going forward with his proofs and shall establish an entitlement to cause a street or alley or other travel way to be closed or abandoned in accordance with such proofs by clear and convincing evidence; otherwise, such application shall be deemed inadequate as a matter of law and summarily refused.
(e) No application shall be considered by the Commission unless the following conditions shall have been met by the applicant prior to submission to the Commission for relief under this article:
(1) The applicant shall obtain from the office of the City Recorder a form of application, duly approved by the Commission, which must be filled out or otherwise answered, executed and verified by the applicant.
(2) At such time as the application is returned to the City Recorder for presentation to the Commission, the applicant shall post a cash bond in the sum of five hundred dollars to cover the costs of all proceedings had and action taken by the Commission in connection with such application.
(3) At such time as such application is returned to the City Recorder for presentation to the Commission, the applicant shall file as an adjunct of such application a detailed drawing, map or plat, together with a legal description of the properties to be affected by the requested closure or abandonment of a City street, alley or other travel way, prepared and verified by a duly licensed engineer or surveyor.
(12-5-83)
(12-5-83)