(A) When the Council is petitioned to vacate any street, public place or plat, or part thereof, in which water system, gas hydrants, law enforcement or fire alarm systems, gas mains, steam heating mains, conduits, sewer mains or laterals, manhole structures, poles, wires, or other utility or public service facilities are constructed and maintained, and the proposed vacation will require the removal of the utility or public service facilities or any portion of them, or if curbs or sidewalks are required to be extended or relocated, or if grading or additional paving is required, the ordinance vacating the street or part thereof may provide that the vacation shall not be effective unless the petitioner shall file with the City Recorder of the city his or her acceptance of the terms and provisions of the ordinance together with a surety bond or cash deposit, in such sum as shall be fixed by the Council.
(B) The surety bond or cash deposit shall be to the effect that, in the event the vacation is granted, the petitioner will, within 90 days or such other time as the Council may fix after the vacation ordinance is effective, remove or have removed by the owner, all or any part of the utility or public service facilities as required by the vacation ordinance and reconstruct and relay the facilities or have them reconstructed and relaid by the owner in the places as may be required by the City Engineer, and obtain other work as required by the ordinance in the manner directed by the City Engineer, all at the expense of the petitioner.
(Ord. 319, passed 9-12-1988)