§ 18-5. Abandoning or private use of public property or rights-of-way.

(a)

The permanent abandonment of public property or rights-of-way should not be authorized unless an overriding public interest is served by said abandonment and/or the city is compensated in some material way equivalent to the market value of said property at the time of abandonment. Public property or rights-of-way should only be abandoned to promote the public welfare and not for the benefit of a private person or corporation.

(b)

Therefore, legislation authorizing the abandonment, closure, or vacating of city property or rights-of-way shall require a super majority vote of the city council. Any change to the voting requirement of this section would require a super majority vote.

(c)

This section shall not apply to the leasing of public property or rights-of-way, nor to approvals by the city manager of residential driveway access to public streets.

(Ord. No. 2009-13, § 1, 12-7-09)