[R.O. 1991 § 425.500; Ord. No. 2901-14 § 1, 8-5-2014]
A.
Streets and easements may be vacated by the City of Smithville upon application and hearing before the Commission, and an approved ordinance by the Board of Aldermen. A property owner seeking such a vacation of public right-of-way or easement shall submit an application for such vacation on forms provided by the City. The applicant shall submit a completed application, along with a filing fee as required in Section 425.090, along with a deposit for estimated publication and mailing expenses to be incurred by the City.
B.
The Planning and Zoning Commission shall
hold a public hearing on the matter to hear public comment for and
against such proposal. The Commission shall consider the public comments,
the Comprehensive Plan of the City and whether there is any future
need for such right-of-way to effectuate the Comprehensive Plan of
the City. If the right-of-way contains above- or below-ground easements
utilized by a third party, the consent of such utility (or such utility's
agreement to move the infrastructure from the right-of-way or easement)
must be provided to the Commission for consideration.
C.
In no event shall an easement or right-of-way
be vacated that will cause the City to owe or pay damages to any third
party, unless and until the applicant provides funds or other assurances
in an amount sufficient to hold the City harmless from any and all
damage claims.
