[Added 11-24-2008 by Ord. No. 791]
Any citizen of the City may apply by petition to the legislative body for the closing of any street, alley or avenue in the City, in whole or in part, but before filing such application the citizen shall give 30 days’ notice thereof in at least one newspaper published in the City. The citizen shall also pay to the City a fee as provided in the General Fee Ordinance.[1]
[1]
Editor’s Note: See Ch. A175, Fees, Art. I, General Fees.
Upon receipt of a citizen's petition to close, in whole or in part, any street, alley or avenue in the City, the legislative body shall take into consideration the reasons contained in the petition and in any counterpetition which may be filed and such other testimony as may come before it and determine the case as, in its opinion, shall seem right and proper.
A. 
Whenever the legislative body shall decide that it is expedient that any street, alley or avenue, in whole or in part, be closed, it shall appoint three examiners, who shall be freeholders of the City and not interested in or holding lands adjacent to the street, alley or avenue or part thereof proposed to be closed, who, before they proceed to act as such, shall take an oath to execute the trust reposed in them by the Commission to them issued faithfully and without favor, affection or partiality and which oath shall be endorsed on the Commission and returned therewith.
B. 
The examiners or a majority of them shall value and ascertain the damages that may be sustained by each person adjacent to the street, alley or avenue or that part thereof sought to be closed, and they shall make such ascertainment a part of their return to the legislative body; and such ascertainment, with the rest of the proceedings of the examiners, shall be subject to ratification, rejection or alteration by the legislative body in such manner as in its judgment shall be just
The legislative body shall determine whether the damages adjudged by the examiners shall be paid by the persons petitioning for the closing of any street, alley or avenue or any part thereof or levied on the City, or may direct that the same be paid by the petitioners and the City, in such proportion as it may deem just, and that damages shall in all cases be paid to the respective parties or their guardians, agents or attorneys before the alley, street or avenue shall be closed, and in case of the death of any party concerned, after the valuation made by the examiners or a majority of them, the damages finally adjudged to him shall be paid to his personal representatives.
The examiners appointed pursuant to this article or a majority of them, after the giving of 30 days' notice thereof in at least one newspaper published in the City, shall meet on the premises and proceed to examine and determine whether the public convenience requires that the street, alley or avenue or part thereof shall be closed, and they shall cause a plat of the street, alley or avenue or that part thereof to be closed to be made out and shall return the same, together with a full report of their proceedings under their hands, to the legislative body, together with their recommendations as to the closing or continuing open of the street, alley or avenue or part thereof in question and the reasons upon which such recommendations are based.
If objection is made to the return of the examiners at the meeting of the legislative body next succeeding the meeting at which such return was made, the legislative body may proceed to pass judgment thereon and affirm or reject the same or order it to be amended in its discretion, or may continue over the proceedings of its next meeting and so on from time to time, so long as it may think proper.
The examiners shall be entitled to such compensation for their services as may be prescribed by the legislative body, which, with all charges arising from the survey or attendance of witnesses or other expenses, shall be, in the discretion of the legislative body, paid by the petitioners or levied, collected and paid by the City or apportioned between the petitioners and the City as the legislative body shall determine.