Title 12 STREETS, SIDEWALKS AND PUBLIC PLACES
Chapter 12.08 STREET, SIDEWALK AND WATERCOURSE USE REGULATIONS
12.08.100 Expenses incurred in connection with the vacation of alleys.
The party or parties requesting the vacation of an alley
shall pay all expenses incurred by the village in vacating the alley, including,
without limitation, attorney’s fees for file preparation of the ordinance
vacating the alley and engineering fees for the preparation of a plat of
vacation. Upon the receipt of a request for the vacation of an alley, a
representative of the village board shall prepare an estimate of the cost of
vacating the alley. Documents necessary to vacate the alley shall not be
prepared until the person or persons requesting such vacation place on deposit
with the village clerk a sum equal to the estimated cost of the vacation. In the
event that the actual cost of vacating the alley is less than the deposit, then
that portion of the deposit in excess of the actual cost shall be returned to
the party or parties who made the deposit. If the actual cost of vacating the
alley is greater than the amount of the deposit, then the party or parties
requesting vacation shall pay in addition to file deposit the difference between
the actual cost of vacating the alley and the amount of the deposit. No
ordinance vacating an alley at the request of some party or parties other than
the village shall be recorded or released for recording until such time as all
fees and expenses incurred by the village in connection with the vacation of the
alley have been paid in full. (Ord. 1995-5 § 2, 1995)