No preview available
HomeMy WebLinkAbout3081 Repealing PTMC 5.46 City Dock and Union Wharf Use Regulations and ChargesOrdinance 3081 Page 1 of 2 Ordinance No. 3081 AN ORDINANCE OF THE CITY OF PORT TOWNSEND REPEALING PORT TOWNSEND MUNICIPAL CODE CHAPTER 5.46 CITY DOCK AND UNION WHARF USE REGULATIONS AND CHARGES RECITALS: A. The City Council held a public hearing, following due notice, on July 16, 2012 on several matters that implement an Agreement dated June 13, 2012 between the City and the Port. The Agreement is based on A Joint Resolution of the City Council of the City of Port Townsend, Washington and the Commission of the Port of Port Townsend (City Resolution No. 12 -022 and Port Resolution No. 575 -12, May 21, 2012), and provides for a tentative settlement agreement of matters of mutual concern to the City and the Port, including, on closing, the transfer of the Port's interest in property in the vicinity of Kali Tai Lagoon to the city. B. One of the matters, in connection with the transfer of City Dock and Union Wharf to the Port, is providing for the repeal of Port Townsend Municipal Code Chapter 5.46 City Dock and Union Wharf Use Regulations and Charges. On transfer of the docks to the Port, charges and use regulations would be within the purview of the Port, subject to conditions in the transfer: existing recorded covenants and encumbrances (including grant restrictions); continued free pedestrian public access to the structures, provided that commercial uses of the docks allowed by the City's shoreline plan and regulations (including any amendments) will not be precluded; and proper maintenance of the docks by the Port. NOW, THEREFORE, The City Council of the City Of Port Townsend Ordains as follows: SECTION 1. Chapter 5.46 City Dock and Union Wharf Use Regulations and Charges is repealed in its entirety. SECTION 2. Severability. If any provision of this ordinance or its application to any person or circumstance is held invalid, the remainder of the ordinance, or the application of the provision to other persons or circumstances, is not affected. SECTION 3. This Ordinance shall take effect upon its passage, approval and publication in the form and manner provided by law, provided, the Clerk shall not publish the Ordinance until the City Manager and City Attorney certify to the Clerk that the terms of an Agreement dated June 13, 2012 between the City and the Port, including the closing of the transfer of the Port's Kah Tai property to the City, have been met or are assured of being met. Ordinance 3081 Page 2 of 2 Adopted by the City Council of the City of Port Townsend, Washington, at a regular meeting thereof, held this 6th day of August 2012. Attest: Pamela Kolacy, MMC, City Clerk David ng, Mayor AjPP roved as to Form: John P. Watts, City Attorney