Whenever a county road and/or right-of-way or any portion thereof is vacated, the council may include in the ordinance or motion authorizing the vacation a provision that the county retain an easement in respect to the vacated land for the construction, repair, and maintenance of utilities and services which at the time the ordinance or motion is adopted are authorized or are physically located in a portion of the land being vacated; provided, that the council shall not convey such easement to any utility purveyor or other entity or person but may convey a permit or franchise to a utility purveyor to effectuate the intent of this section. (Added by Ord. 85-051 § 3, July 3, 1985; Amended by Ord. 96-028 § 93, June 12, 1996, Eff date June 29, 1996; Amended by Ord. 13-051, July 31, 2013, Eff date Aug. 12, 2013).