HomeMy WebLinkAbout3634Ordinance No. 3634
["Beginning July 1, 1998"]
(Amending or Repealing Ordinances)
Amends Ords. 1934 & 2333
ORDINANCE NO. -b 3-T
AN ORDINANCE of the city council of the city of
Kent, Washington, amending sections 6 09 030 and
6.09.060 of the Kent City Code relating to street vacations.
The amendments are necessary to bring the Kent City Code
into alignment with recent revisions the Legislature made
to the Revised Code of Washington
WHEREAS, the Legislature recently amended Section 35 79.030 of the
Revised Code of Washington relating to the allowable amount of compensation a city is
authorized to charge when vacating a street, or alley, or any portion thereof, and
WHEREAS, the amendment allows the city, when vacating a street or
that has been a part of a dedicated public right-of-way for twenty-five years or
or if the subject property (or portions thereo]) was acquired at public expense, to
compensation for the vacation of those streets or alleys, or portions thereof, in an
int that does not exceed the full appraised value of the area vacated, and
WHEREAS, in order to implement these amendments, the city must
its existing Ch 6 09 of the Kent City Code regarding street vacations, and
WHEREAS, it is also appropriate to eliminate the classification of
and alleys when determining the amount of compensation due for vacations in
1 Street Vacations — Ch. 6.09 %CC
order to allow additional flexibility when determining the amount of compensation due
for a street vacation, NOW THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS*
SECTION 1. - Amendment Section 6.09 030 of the Kent City Code,
entitled "Hearing—Ordinance of vacation," is amended as follows
See. 6.09.030. Hearing - Ordinance of vacation.
A The hearing on thesueh petition or resolution shall be held before the city
council on the date fixed by resolution or at the time to which the sueh-hearing may be
contmuedadleunwd The city planning managerdrreeter shall report his or her findings
at the hearing If the city council determines to grant all or part of the requested street
vacation, i1sueh pE44 ea or aRy pai4 thereof-, they shall by ordinance vacate all or part of
the swl}-street, or alley_, or any -EH* then r The ordinance may provide that it shall
not become effective until the petitioner ewners of the pfopet4y abuts...,. "PE)" the
feet or ,a,ey, er part thereof se vaealed-,shallhave compensated the city for the area
vacated in accordance with this chapter. in an ametmt _h _h a___ Fi t _____-a one half
(1,124 the appraised value of the afea eaten SuehThe ordinance may also provide that
the city retain an easement or the right to exercise or grant easements in respect to the
vacatedrp operty4M for the construction, operation, repair, and maintenance of public
utilities and services The ,..tv shall net N,aeate ,.,,,.w st_eet , alley ..,...t., there„
record a certified copy of suehthe ordinance with sha4l be reeeraea by the ...t., elerk eAia
in she e`�ef the King County Recorder's Officeaxditer The one -hundred -fifty -
dollar ($150) fee shall not be refundedable, whether or not the petition is granted
2 Street Vacations - Ch. 6.09 KCC
B The city shall not vacate a street or alley or any parts thereof if any portio
abuts on a body of water unless the vacation seeks to enable the city, port district or
state to acgwre the property for port purposes, boat moorage, or launching sites park
viewpoint, recreational, or education purposes, or other public use This provision shall
not apply to industrial zoned property
SECTION Z — Amendment Section 6 09.060 of the Kent City Code,
entitled "Compensation criteria — Classification of streets and alleys," is amended as
follows
Sec. 6.09.060. Compensation criteria Classifieution of stFeets and alleys.
A. If the city council vacates all or part of any street or alley, the ordinance may
provide that the vacation shall not become effective until the petitioners have
compensated the city for the area vacated in an amount which does not exceed one-half
(1/2) the appraised value of the area vacated In the event, however, that the street or
alley has been part of a dedicated public neht-of-way, whether opened or unopened, for
twenty-five (25) years or more, or if the property or portions thereof were acquired at
public expense, the city may require the petitioners to compensate the city In an amount
that does not exceed the full appraised value of the area vacated.
The amount of compensation required for the vacation of all city streets or
alleys as of the effective date of the vacation, for the purposes of this section, shall be
determined by the public works department The city 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
acgmred by such exchange
For the pufpeses of this ehapter, all streets er a4leys within the eity are hereby deelafed
to he *Hthm A - ;;e n) of fi3tif (4) elasses
Ua -g 4 M 4 ll A 4 4 t to the t.
1-i2'-CCQ�S✓�E'T[r�e�GT-'OTZLI1GpTC[e�R'�Gi'GQ�aC I'I3VR000G17^GOJG G�F[IPGZI.)•
are ..lass,Qed as A elass streets o alleys
Street Vacations — Ch. 6.09 KCC
4 Street Vacations — Ch. 6.09 KCC
6B When a street or alley is vacated for a governmental agency; and
is regtHfed, compensation shall be based on the administrative costs of the vacation and
may, in the discretion of the city council, be based on original cost of acquisition
DC When determining the value of the vacated street or alley, the exganeefmg
divisteR-pubhc works department may require that an appraisal be performed The
petitioner shall nay the cost of the such appraisal and the
monies for the same,— e shall be deposited with the city prior to the city
authorizing an appraisal te-be prepared
ED. The compensation determined to be paid shall be a condition precedent to the
of the specific ordinance pertaining to thestiek street or alley proposed
for vacation, and the petitioner will pay '"'"'the city4•rwithm
nmety (90) days of the aAy-oeunerpassage of the motion cbrectmg the city attorney to
prepare the specific vacation ordinance. If the petitioner fails In !be event of failure ,.r
pay the required such- sum within ninety (90) days, the petition €eF
"eattearshall be denied.
SECTION 3. - Severabakty If anyone or more section, subsections, or
of this ordinance are held to be unconstitutional or invalid, such decision
not affect the validity of the remaining portion of this ordinance and the same
remain in full force and effect
5 Street Vacations - Ch. 6.09 KCC
SECTION 4. — Effective Date This ordinance shall take effect and be
in force thirty (30) days from and
ATTEST
•: & CLERK
APPROVED AS TO FORM:
its passage as provided by law.
i� ' Ove v ",
TOM BRUBAKER, CITY ATTORNEY
PASSED --L day of February, 2003
APPROVED Ll day of February, 2003.
PUBLISHED 8 day of February, 2003
I hereby certify that this is a true copy of Ordinance No 36 3
passed by the city council of the city of Kent, Washington, and approved by the mayor
of the city of Kent as hereon indicated.
Street Vacations — Ch. 6.09 KCC