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,
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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
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