§ 12.08.100. Expenses incurred in connection with the vacation of alleys.


Latest version.
  • 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)