§ 38.02 FILING PETITIONS.
   (A)   Petitions to change the name of, vacate, or narrow any street or alley within the Village of Smithville, Ohio, may be filed with the Village Clerk pursuant to R.C. § 723.04. A plat of the street or alley to be vacated or narrowed shall be attached to any such petition.
   (B)   For the purposes of defraying expenses incurred by the village for the benefit of persons petitioning to change the name of, vacate, or narrow any street or alley within the village, persons filing any such petition shall reimburse the village for payment of any required publication of notices, Auditor’s transfer fees, recording costs, surveying, engineering or other expenses connected with proceedings on the petition or the granting thereof. The reimbursement shall be made in accordance with the provisions of division (C) below.
   (C)   (1)   Persons filing a petition described or referred to in divisions (A) and (B) above, shall, at the time of filing, pay an initial filing fee of $50, which sum shall be non-refundable and shall be collected by the Village Clerk- Treasurer.
      (2)   During its next meeting or at any time thereafter that circumstances require, the Council may review the petition to determine whether or not the initial fee is sufficient to cover payment of costs established and assessed under division (B) above. If the filing fee is sufficient, Council may proceed in accordance with law. If the initial filing fee is not sufficient to cover payment of anticipated costs, the Council may enter into an agreement with the petitioner to secure payment of the additional costs or the petitioner shall be notified to deposit an amount equal to the deficiency. Proceedings on the petition may be held in abeyance until payment of all costs is secured to the satisfaction of Council. Any unused portion of the additional amounts deposited in accordance with this division (C)(2) shall be refunded to the petitioner.
   (D)   This section shall not be construed to limit the village’s authority to change the name of, vacate or narrow any village street without petition.
(Ord. 1992-27, passed 10-14-1992)