HomeMy WebLinkAbout2333Ordinance No. 2333
["Beginning July 1, 1998"]
(Amending or Repealing Ordinances)
Amended by Ord. 3634 (Sec. 6.09.060)
ORDINANCE N0.
AN ORDINANCE relating to street or
alley vacation; establishing classes of streets
or alleys and compensation which may be required
for vacation.
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON DO
HEREBY ORDAIN AS FOLLOWS:
Section 1. For the purposes of this ordinance, all
streets or alleys within the City of Kent are hereby declared
to be within one of four classes:
A CLASS. All City of Kent streets or alleys acquired
at monetary cost to the City are hereby classified A Class
streets or alleys.
B CLASS. All City of Kent streets or alleys acquired
at no monetary cost to the City and for which expenditures of
funds have been made in the improvement or maintenance of same
are hereby classified B Class streets or alleys.
C CLASS. All City of Kent streets or alleys for
which no public funds have been expended in the acquisition,
improvement or maintenance of same are hereby classified C
Class streets or alleys.
D CLASS. All City of Kent streets or alleys
originally dedicated or otherwise conveyed to the City by the
present petitioner for the vacation of said streets or alleys
for which no public expenditures have been made in the
acquisition, improvement or maintenance of same, or
Any other streets or alleys not included within
Classes A, B or C above are hereby classified D Class streets
for alleys.
Section 2. The amount of compensation if required
herein shall be determined by the Council according to the
following criteria:
1. Vacation of all city streets or alleys included
in Classes A and B if granted shall require compensation at
one-half the full appraised value of the vacated street or
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alley as of the effective date of the vacation, which amount,
for the purposes of this Ordinance, may be determined by the
Engineering Division of the Public Works Department; pro-
vided, that the Council shall have authority to accept real
property of equal value in lieu of cash compensation where the
value of the street or alley to be vacated is not more than
the value of the real property to be acquired by such exchange.
2. Vacation of all City streets or alleys included
in Class C if granted may require compensation at one-half the
full appraised value of the vacated street or alley as of the
effective date of the vacation, which amount, for the purposes
of this Ordinance, may be determined by the Engineering
Division of the Public Works Department; provided, that the
Council shall have authority to accept real property of equal
value in lieu of cash compensation where the value of the
street or alley to be vacated is not more than the value of
the real property to be acquired by such exchange.
3. Vacation of all city streets or alleys included
in Class D if granted may require compensation based on the
administrative costs of the vacation.
4. When a street or alley is vacated for a govern-
mental agency, and compensation is required, compensation
shall be based on the administrative costs of the vacation and
may, in the discretion of the Council, be based on original
cost of acquisition.
Section 3. When determining the value of the vacated
street or alley the Engineering Division may require an
appraisal to be performed. The cost of said appraisal shall
be paid by the petitioner and monies, therefore, shall be
deposited with the City prior to the City authorizing an
appraisal to be prepared.
Section 4. Condition Precedent. The compensation
determined to be paid shall be a condition precedent to the
passage of the specific ordinance pertaining to such vacated
street or alley and shall be paid to the City of Kent by
petitioner within ninety (90) days of the City Council pas-
sage of the motion directing the City Attorney to prepare the
specific vacation ordinance. In the event of failure of the
petitioner to pay such sum within ninety (90) days, the
petition for vacation shall be denied.
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Section 5. This Ordinance shall take effect and be
in force five days from and after its passage, approval and
publication as provided by law.
-- ISABEL HOGAN, MAYOR
ATTEST:
MARIE JENSE ,) CITY 'CLERK
APPROVED AS TO FORM:
eY4 a- Q•
DONALD E. MIRK, CITY 6PTORNEY
PASSED the day of
APPROVED the day of
PUBLISHED the day of
I hereby certify that this is a true copy of
Ordinance No. �„� _, passed by the City Council of the
City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated.
834-1A
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MARIE JENS N CITY ERK