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HomeMy WebLinkAbout2440 Increasing Petitin Fee for Public Street VacationsOrdinance No. ~'~40 AN ORDINANCE OF THE CITY OF PORT TOWNSEND AMENDING CHAPTER 12.20 OF THE PORT TOWNSEND MUNICIPAL CODE, INCREASING THE PETITION FEE FOR PUBLIC STREET VACATIONS WHEREAS, the City of Port Townsend requires that applicants for vacation of city streets and rights-of-way pay a fee in an amount adequate to reimburse the City for the actual cost of the procedure; and WHEREAS, the cost of appraisals for the right-of-way property has increased, necessitating increasing the petition fee, NOW, THEREFORE, the City Council of the City of Port Townsend does ordain as follows: Section 1. to read as follows: Chapter 12.20 of the Port Townsend Municipal Code is hereby amended Chapter 12.20 Sections: 12.20.010 12.20.020 12.20.030 12.20.040 12.20.045 12.20.050 12.20.060 12.20.070 12.20.080 12.20.090 12.20.100 12.20.110 12,20.120 12.20.130 STREET VACATION PROCEDURE Purpose. Definitions. Scope. Administration. Petition fees. ......... ~, ,~.,, bBuilding and Community Development department recommendation. Review criteria. Legislative action. Variances. Compensation for vacation. Appraisals. Payment of compensation. Recording ordinance. Decision final. (Ord. o~'~{0 § 1, 1995.) Section 2. Chapter 12.20, section 12.20.045 of the Port Townsend Municipal Code is hereby amended to read as follows: 12.20.045 Petition fees. Every petition for the vacation of any street, alley or public place, or any part thereof, shall be accompanied by a payment to the city of a fee in the amount otherwise established by ordinance of the city, to defray the costs of processing 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, recommends granting a vacation petition, an additional fee in the amount of $500.00 $750.00 '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 difference shall be refunded. (Ord.,,t°~r4O § 2, 1995; Ord. 1992 § 2, 1984). Section 3. Chapter 12.20, section 12.20.050 of the Port Townsend Municipal Code is hereby amended to read as follows: 12.20.050 m__-: .... ~ bBuilding and Community Development department recommendation. Before the city council takes action on street vacation applications, the city -~"--: .... '~ building and community development department shall submit a-recommendation to the city council, which shall include the information set forth in PTMC 12.20.040 and the application of the criteria for street or alley vacations set forth in PTMC 12.20.060. (Ord.~944o § 3, 1995; Ord. 2256 § 2, 1991). Section 4. Severability. If any clause, sentence, paragraph, section or part of this Ordinance or its application to any person or circumstance is held to be invalid or unconstitutional by a court of competent jurisdiction, such order or judgment shall not affect the validity or constitutionality of the remainder of any part of this Ordinance. To this end, the provisions of each clause, sentence, paragraph, section or pan of this law are declared severable. This ordinance shall become effective upon its approval and publication in the form and manner required by law. Read for the first, second, and third times and p~ssed by the City Council of the City of~l.,~o~.ti, y.Port. Townsend, Washington,, 1995. at a regular meetinp, g..tt~ of,/~ ]/~~.. held this ~' eh. day of ~e, Mayor Attest: ~M~chael Hildt, Acting City Clerk Approved as to Form: <~~oth~McMa~afi, City' Attorney 12/29/94 Ord{Chl22045.doc}