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HomeMy WebLinkAbout1992 Amending Ordinance 1802 - Street Vacation Procedures ORDINANCE NO. IqQ~'- AN ORDINANCE PERTAINING TO THE VACATION OF STREETS AND ALLEYS, COMBINING SECTIONS, AMENDING S~CTiONS AND ADDING NEW SECTIONS TO ORDINANCE NO. 1802, 1978, CODIFIED AS CHAPTER 12.20 OF THE PORT TOWNSEND MUNICIPAL CODE. THE CITY COUNCIL OF THE CITY OF PORT TOWNSEND, IN REGULAR SESSION ASSEMBLED, DO ORDAIN AS FOLLOWS: Section 1. Sections 4.20, 4.30, 4.40, and 4.50 of Ordinance No. 1802, 1978, are here and hereby amended and combined to read as follows: Section 4.20 Public Works Director: The (e~-~ee~) Public Works Director or his designee shall coordinate the routing of the street vacation application to insure that all pertinent offices have submitted recommendations. The (e~-~m~ee~) Public Works Director shall review applications to determine whether the p~O~d vacated street will complement the overall area traffic circulation. (4?~8-S~-8~ee~-Bepa~mem~:) The (~-8%~ee~-Bepe~mem~) Public Works Director shall review applications to determine whether the proposed vacation will be consistent with the (e~&e~a~M) orderly expansion and maintenance of the City Street System, ~e-eem~aeaa-w~aa-aae-e~e~%y-e~aa~ea-a~e~-ma~a~eaa~ee-e~) the City sewer system, and. ma{~ae~a~ee-e{) the City water system. Section 2. There is here and hereby added to Ordinance No. 1802, I978,~-~w Section 4.100, as follows: 4.100 Petition Fees: Every petition for the vacation of any street, alley or public .place, or any part thereof, shall be accom- panied by a payment to the City of a fee in the amount otherwise established by Ordinance of the City, to defray the costs of pro- cessing such vacation petitions and such fee shall not be refunded under any circumstances. In addition, at the time the City Council, or a committee thereof, rec~x~aends granting a vacation petition, an additional fee in the amount of ~~. OO dollars shall be paid to cover appraisal costs for a street, alley or public place. In the event an appraisal cost is less than the payment therefor , the vacation compensation payable to the city shall be reduced by the difference between the fee and the actual cost or, in the alternative, such differenoe shall be refunded. Section 3. There is here and hereby added to Ordinance No. 1802, 1978, new sections, to be known as Section 6.10, 6.20, 6.30, and Section 6.40, as follows: 6.10 Compensation for vacation. All ordinances vacating any street or alley, or any part thereof, shall provide that the same shall not become effective until the owners of property abutting upon the street or alley, or part thereof so vacated, pay to the City one-half of the appraised value of the area so vacated, except where such payment is made prior to introduction of the Ordinance. 6.20 Appraisals: The Public Works Director is authorized to obtain appraisals from either qualified, independent appraisers or qualified Public Works Department Personel of the City, in the discretion of the Public Works Director, of such streets or alleys as are recommended for vacation after hearing by the City Council or a committee thereof. Where qualified public works department personel are used to make the required appraisals, a reasonable hourly rate of compensation, as determined from time to time by the public works director shall be charged against the appraisal deposit fee. 6.30 Payment of Compensation: Upon securing an appraisal of the value of the Street or alley area to be vacated as provided in this chapter, the public works director shall notify ~the petitioner that payment of one-half such appraised value, deducting therefrom any appraisal fee coverage not previously refUnded to?'petiti6ner, -2- Attest: DAVID GROVE, City Cle'rk may be made to the public works director who shall, upon receipt of any such payment, forth with transmit the same to the City treasurer for deposit in the general fund and shall make a written report of such payment to the City Council. 6.40 Recording Ordinance: As required by law, a certified copy of the Ordinance vacating a street, alley or public place, or part thereof, shall be recorded by the City Clerk in the office of the Jefferson County Auditor, upon receipt by the City of all fees and compensation required hereunder. Section 4. If any section, sub-section or other portion of this Ordinance is for any reason held invalid o~ unconstitutional by any court of competent jurisdiction, such portions shall be deemed a separate portion of this ordinance and such holdings shall not effect the validity of the remaining portions of this Ordinance. Section 5. This Ordinance shall take effect uPon~its passage approval and publication in the form and manner provided by law. Read for the First, second and third tim~s passed by the Council and approved by the Mayor on the ~ day of May, 1984. MAYOR BRENT SHIRLEY ~ Approved as to form: KEITH C. HARPER,""'City Attorney -3-