The purpose of this chapter is to provide a consistent standard regarding compensation to the city for the vacation and/or transfer of its interest in public streets. Vacation of the city's interest in streets should be viewed as a transfer of a substantial property right for which the public should be compensated. To prevent windfall enrichment to abutting property owners at public expense, such transfer should not be made without compensation being paid to the city. (1999 Code)
Petitions for vacation of public streets shall be considered on the basis of the following:
A. Alleys, Walkways And Trails: Alleys, walkways and trails are not generally within the current planning and maintenance policies of the city. Vacation of an alley, walkway or trail relieves the city from present and future obligations to maintain such alley, walkway or trail. This benefit to the city is declared to be adequate compensation for the city's interest. Where appropriate, the city may require conditions precedent to the vacation of any alley, walkway or trail such as installation of landscaping, fencing or other improvements which must be completed or bonded for prior to the enactment of the vacation ordinance.
B. Major And Minor Streets: Major and minor streets shall not be vacated or permanently closed unless adequate compensation has been paid for the transfer of the city's interest in the land. (1999 Code)
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