10.50.017I City council decision.
Following consideration of all evidence and testimony at the meeting, the city council may adopt or reject the examiner's recommendation, or remand to the examiner for additional public testimony, in accordance with the following:
(1) If the city council determines to grant the vacation, the action shall be made by ordinance with such conditions or limitations as the city council deems necessary and proper to preserve any desired public use or benefit. The ordinance shall contain a provision retaining or requiring conveyance of easements for construction, repair and maintenance of existing and future utilities and services, and any other requirements of this chapter.
(2) The city council, in approving a vacation request, shall specify that the vacated portion of the public right-of-way shall belong to the abutting property owners, one-half to each, unless factual circumstances otherwise dictate a different division and distribution of the public right-of-way to be vacated.
(3) If the city council denies the vacation, it will adopt a resolution supporting such decision with appropriate findings of fact.
(4) If the city council desires additional public testimony and/or evidence, it may remand the matter to the examiner with instructions concerning the particular matters or issues for which it desires additional public testimony and evidence. (Ord. 2173, § 2 (Exh. A), 2022.)