(A) If the Town Council determines that a public right-of-way owned by the town is no longer necessary for public use, it may dispose of the right-of-way either by sale, vacation or exchange of such right-of-way in accordance with the requirements of state law.
(B) Reservation of easements. In the event there are existing utility lines, pipes; canals, ditches or appurtenances in any unneeded right-of-way being sold, vacated or exchanged, or if in the sole discretion of the town it is probable that there will be a need for a public utility easement in such right-of-way, the town shall reserve an easement or easements for such purposes and of such size as the town may determine.
(C) Initiation of disposition of right-of-way. Vacation, sale or exchange of unnecessary right-of-way shall be initiated by the Town Engineer or Public Works Director. The initiation may be in response to a request from an adjacent property owner, in which case the applicant shall submit an application in such form and with such information as may be required by administrative regulation and shall pay such fees as are established by resolution approved by the Town Council.
(D) Decision to dispose of roadway. The decision to dispose of unnecessary right-of- way lies solely with the Town Council and shall be made upon receipt of staff’s recommendation.
(Ord. 05-12, passed 7-12-2005; Am. Ord. 12-95, passed 11-20-2012)