A.

The City of Noble may, by Planning and Zoning Code, close to the public use any public way or easement within the municipality whenever deemed necessary or expedient. The public way or easement may be closed by action of the City Council on its own motion or upon request by a property owner.

B.

The City of Noble shall give written notice of any proposed closing of a public way or easement to any holder a franchise or others determined by the governing body to have a special right or privilege granted by Planning and Zoning Code or legislative enactment to the use of the public way or easement at least thirty (30) days prior to passage of any Planning and Zoning Code providing for closing of the public way or easement.

C.

The City of Noble shall retain the absolute right to reopen the public way or easement without expense to the municipality. Unless foreclosed by district court action, the public way or easement may be reopened by Planning and Zoning Code whenever:

1.

The municipality governing body deems it necessary;

2.

An application of the property owners owning more than one-half (½) an area of the property abutting on he public way or easement previously closed is filed with the governing body.

D.

Closing of the public way or easement shall not affect the right to maintain, repair, reconstruct, operate, or remove utility, public service corporation, or transmission company facilities or services therein, nor shall the closing affect private ways existing by operation of law unless released, in writing, executed by the owners thereof.