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follows:
ORDINANCE NO. �
AN: ORDINANCE of the City of Kent setting
forth the procedures for vacation of city
streets and alleys; and establishing a
street and alley vacation permit fee.
THE CITY COUNCIL OF THE CITY OF KENT DO ORDAIN as
Section 1. The owners of an interest in any real
estate abutting upon any street or alley within the city
limits of the City of Kent who may desire to vacate the
street or alley or any part thereof, may petition the Kent
City Council to make vacation, giving a description of the
property to be vacated, or the Kent City Council may itself
initiate by resolution such vacation procedure. The petition
or resolution shall be filed with the City Clerk and if the
petition is signed by the owners�of more than two-thirds of
the property abutting upon a part of such street or alley
sought to be vacated, the Kent City Council shall by resolu-
tion fix a time when the petition will be heard and determined
by such Kent City Council or a Committee thereof, which time
shall not be more than sixty (60) days or less than twenty (20)
days after the date of the passage of such resolution.
Section 2. Upon the passage of the resolution, the
City Clerk shall give twenty (20) days notice of the pendency
of the petition by a written notice posted in three (3) of the
most public places in the City and a like notice in a conspic-
uous place on the street or alley sought to be vacated. The
said notice shall contain a statement that a petition has been
filed to vacate the street or alley described in the notice,
together with a statement of the time and place fixed for the
hearing of the petition. In all cases where the proceeding is
initiated by resolution of the Kent City Council without a
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a petition having been signed by the owners of more than two-
thirds of the property abutting upon the part of the street
or alley sought to be vacated, in addition to the notice here-
inabove required, there shall be given by mail at least fifteen
(15) days before the date fixed for the hearing a similar notice
to the owners or reputed owners of all lots, tracts or parcels
of land or other property abutting upon any street or alley or
any part thereof sought to be vacated as shown on the rolls of
the County Treasurer directed to the address thereon shown,
provided that if fifty (50%) per cent of the abutting property
owners file written objection to the proposed vacation with the
City Clerk prior to the time of hearing, the City shall be
prohibited from proceeding with the resolution.
Section 3. Each petition for vacation of a street or
alley must be accompanied by a street and alley vacation permit
fee of Fifty Dollars ($50.00), and if any such petitioner and
if any such petitioner does not deposit such sum and/or with-
draws his petition, the City Council may then reject the peti-
tion and retain the Fifty Dollar ($50.00) street and alley
vacation permit fee.
Section 4.. The Kent City Engineer shall be responsible
for processing any such petition or resolution for vacation of
a street or alley and for securing the technical facts pertin-
ent to the question of vacation. This shall include a sketch
of the proposed vacation and also written approval or rejection
of the water, sewer and street departments..
Section.5. Upon assembly of the technical information,
the petition or resolution shall be referred to the planning
commission for consideration at its next regular meeting and
recommendation for or against.
Section 6. The hearing on such petition may be held
before the Kent City Council or before a committee thereof
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upon the date fixed by resolution or at the time said hearing
may be adjourned too. If the hearing is before a committee
the same shall, following the hearing, report its recommendation
on the petition to the Kent City Council,which may adopt or
reject the recommendation. If such hearing be held before such
a committee, it shall not be necessary to hold a hearing on the
petition before the City Council. If the City Council deter-
mines to grant said petition or any part thereof, it shall be
authorized and have authority by ordinance to vacate such street
or alley or any part thereof: provided that such ordinance may
provide that the City retain an easement or the right to exer-
cise and grant easements in respect to the vacated land for the
construction, repair and maintenance of public utilities and
services.
Section 7. If any street or alley within the city limits
of the City of Kent is vacated by the Kent City Council, the
property within the limits so vacated shall belong to the abut-
ting property owners 1/2 to each.
Section 8. No vested rights shall be affected by the
provisions of this ordinance.
Section 9. This ordinance shall take effect and be in
force five (5) days from and after its passage, approval and
publication as provided
Attest:
V1ia a1LLV Ll\i YVLV, V1 Ly t+l Gf./�
Approved as to Form:
T
, ,� B. B , City ttorney
Passed the CD 0 day of
Approved the day of
Published the c_ t^) day of
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1964.
1964..
1964.