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}