HomeMy WebLinkAboutITEM VIII-A-3CITY OF_
AUBU]C~N AGENDA BILL APPROVAL FORM
WASHINGTON
Agenda Subject: Date:
Ordinance No. 6085 Februa 27, 2007
Department: Attachments: Budget Impact:
Public Works Ordinance No. 6085 $ 0
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6085.
Background Summary:
Ordinance No. 6085 amends ACC section 12.48 to make it consistent with other sections of city code or
state code. The major changes include:
- change the term "street vacation(s)" to "right-of-way vacation(s)".
- add definitions for terms used in this section.
- better explain the application process and applicant's responsibilities.
- remove references to specific fee amounts and refer to fee schedule instead.
- amend compensation language to be consistent with RCW 35.79.
- amend method of determining value of the right-of-way.
-define when a petition is considered abandoned.
W0319-2
03.9, F4.3
Reviewed by Council 8~ Committees: Reviewed by Departments & Divisions:
^ Arts Commission COUNCIL COMMITTEES: ^ Building ^ M&O
^ Airport ^ Finance ^ Cemetery ^ Mayor
^ Hearing Examiner ^ Municipal Serv. ^ Finance ^ Parks
^ Human Services ^ Planning & CD ^ Fire ^ Planning
^ Park Board ®Public Works ®Legal ^ Police
^ Planning Comm. ^ Other ®Public Works ^ Human Resources
Action:
Committee Approval: ^Yes ^No
Council Approval: ^Yes ^No Call for Public Hearing _/_!_
Referred to Until _/_!_
Tabled Until _!_!_
Councilmember: Wa ner Staff: Dowd
Meeting Date: March 19, 2007 Item Number: VIII.A.3
AI.1BU~ ~ MoRE TxAN Yov rMAC1N~D
ORDINANCE NO. 6 0 8 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF AUBURN, WASHINGTON, AMENDING CHAPTER
12.48 OF THE AUBURN CITY CODE RELATING TO
STREET (RIGHT-OF-WAY) VACATIONS
WHEREAS, a review of the current street (right-of-way) vacation process
revealed a need to clarify certain provisions of the code sections relating to street (right-
of-way) vacations.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY 'OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. AMENDMENT TO CITY CODE. That Chapter 12.48, Street
Vacations, of the Auburn City Code be and the same hereby is amended to read as
follows:
Chapter 12.48
RIGHT-OF-WAY aTRE-~~VACATIONS
Sections:
12.48.010 Definitions. .
12.48.015 Initiation of vacation process.
12.48.020 Petition -Signature sufficiency determinations.
12.48.030 Petition -Authorized.
12.48.040 Petition -Submission -Filing fee.
12.48.050 Petition -Investigation -Recommendations.
12.48.060 Petition -Notice of recommendations to petitioner.
12.48.070 Hearing -Required -Notice.
12.48.080 Hearing -Procedure -Vacation ordinance.
12.48.0$5 Compensation.
12.48.090 Petition denial or abandonment.
12.48.010 n~°r~,~-a~:~^~°r°c+;^ r°^~ °^+..+° ~+ef,.,°.~.Definitions.
1. "Owner of an interest in real estate" means and includes the
owner of fee title, mortgages and contract vendees.
2 "Petition" means for the purposes of this chapter the collection
of a ers necessa to initiate a street vacation and shall include an
Ordinance No. 6085
March 1, 2007
Page 1
application in the farm approved by the city, and other submittals
consistent with the purposes of RCW 35.79.
3. "Right-of-way Vacations" shall have the same meaninq_as street
vacations includin streets roads alle s sidewalks or an other ublicl
owned rights-of-way consistent herewith and as encompassed within
RCW 35.79. (Ord. 5212 § 1 (Exh. G), 1999; 1957 code § 8.24.010.)
12.48.015 Initiation of vacation process.
To initiate the st~~right-of-way vacation process, the owner shall
submit aright-of-way vacation application-lefte~r to the city clerk or city
engineer requesting to vacate ° +r°°+ .,r ~"°~lcity owned right-of-way that
abuts the owner's der--property. Said i~:tte~-application shall clearly
define the limits of the proposed vacation. ,
tThe city engineer or designee, herein referred to as "the city", -shall
review the application and notifythe applicant of
the additional steps necessay to move forward with the right-of-way
vacation process and make a complete right-of-way vacation petition to
the city. This notification will include an explanation of the process,
identification of potential costs to the applicant, which may include the
application fee, survey costs, title report appraisal, and the actual cost of
the r~ht-of-way plus a list of required documents to be provided by the
applicant which maw include a petition, survey, legal description, title
report and any other related documents the city deems necessary to
perForm an accurate evaluation of the right-of-way vacation petition. a~
. _(Ord. 5212 § 1 (Exh. G), 1999.)
12.48.020 Petition -Signature sufficiency determinations.
For the purpose of determining sufficiencies of signatures of
owners of private property on a petition or consent to vacate, the following
rules shall govern:
A. Where the owners of private property abutting the s~tr-ee~-e~
altey-e~-~-part+can-~t~ereefright-of-way proposed to be vacated are husband
and wife, the signature of either spouse, without the signature of the other,
will be sufficient.
B. In case of mortgaged property, the signature of the
mortgagor shall be sufficient.
C. In the case of property subject to a contract of purchase, the
signatures of both the contract vendors and vendees shall be required.
D. In the case of ownership by a corporation, the signature of
any officer authorized by the bylaws or resolutions of the board of
directors shall be sufficient when evidenced by an excerpt of said bylaws
or said resolution, certified by the secretary of the corporation, granting
such authority.
E. In the case of property owned by the estate of a decedent or
incompetent, the signature of the duly qualified administrator, executor or
Ordinance No. 6085
March 1, 2007
Page 2
guardian shall be equivalent to the signature of the owner of the property.
(Ord. 5212 § 1 (Exh. G), 1999; Ord. 2985 § 1, 1976; 1957 code §
8.24.020.)
12.48.030 Petition -Authorized.
The owners of an interest in any real estate abutting upon any
+r°~~:,z-!le~yright-of-way may petition the city council to vacate the right-
of-ways~eet-~sr--af4e in the manner provided in this
chapter. The petition shall describe the right-of-wa}~str°°+ ^r ^"°y-er
pe,~;^n +"°r°^f desired to be vacated, and shall be signed by owners of
more than two-thirds of the private property abutting the right-of-way~a-rt-ef
+"~~ met--a~--altey sought to be vacated. (Ord. 5212 § 1 (Exh. G), 1999;
1957 code § 8.24.030.)
12.48.040 Petition -Submission -Filing fee.
As part of a complete right-of-way vacation petition as described in
12.48.015, the applicant shall submit to the city a non-refundable
application fee as set forth in the City of Auburn fee schedule. Incomplete
riaht-of-way vacation petitions, not completed by the applicant within six
months of a request bV the cityL shall be null and void.
. (Ord. 5212 § 1 (Exh. G), 1999; 1957
code § 8.24.040.)
12.48.050 Petition -Investigation -Recommendations.
Upon the receipt of eaok~-a complete petition for processing as
provided in ACC 12.48.0410, the
a~~e~uac,y-s~th~etatia~city shall route the petition to city departments
and franchise utility companies for their comments, and make such further
investigation as may be necessary including requesting additional related
information from the petitioner(s)..
7Y~t~LT7-Zi-~ViC.IlLTTIV I-I• VI 14V V/~VVVV ...I Vt./~nI ~.I.v..~~n• ~/.vvvvv.. .vJ vvv.w, .. w..~, ... ...~
si#y-sler-Infer-~+1+r~g-(Ord. 5212 § 1 (Exh. G), 1999; 1957 code § 8.24.050.)
12.48.060 Petition -Notice of recommendations to petitioner.
tm~ed+ate-~e+~-tie--~e~-ptetie+~--o#--its-+rwe~tiga#+~ae-; -The p~tie
c~ shall ~piete-prepare a staff report upon
completion of its assessment of the right-of-way vacation petition. A copy
of the staff report shall be forwarded to the petitioner, along with a letter
regarding any ,changes made, e~-conditions attached as
recommended by the city in respect to the vacation in question, and the
Ordinance No. 6085
March 1, 2007
Page 3
estimated schedule for the public hearing. (Ord. 5212 § 1 (Exh. G), 1999;
1957 code § 8.24.060.)
12.48.070 Hearing -Required -Notice.
Upon receipt of the pet-+tie~a-staff report from the ~ubl}e-warlc-e
r~°r~~rim°n+
presees+ncd-s~+;+_~TLori; the city council shall pass a resolution calling for
a public hearing to consider the proposed vacation, which hearing shall be
not more than 60 days nor less than 20 days after the date of passage of
such resolution. The city clerk shall give 20 days' notice of the pendency
of the petition by written notice posted in three of the most public places in
the city, and a like notice in a conspicuous place on the right-of-waLr,sfreet
a~,alaey-sought to be vacated: The notice shall contain a statement that a
petition has been filed to vacate the °+r°°+ ^r °"°"right-af-wav described in
the notice, together with a statement of the time and place fixed for the
hearing thereon.
In all cases where the proceeding is initiated by resolution of the
city without a petition having been signed by the owners of more than two-
thirds of the property abutting upon the n°~+ ^f +hn_~e°+~
Bright-of-wav to be vacated, in addition to the notice hereinabove
required, there shall be given by mail at least 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 etr-eet
right-of-wav sought to be vacated, as shown on
the rolls of the county treasurer, directed to the address thereon shown. If
50 percent of abutting property owners file written objection to the
proposed vacation with the clerk prior to the time of hearing, the city shall
be prohibited from proceeding with the resolution. (Ord. 5212 § 1 (Exh. G),
1999; 1957 code § 8.24.070.)
12.48.080 Hearing -Procedure -Vacation ordinance.
At the time appointed for the hearing of the right-af-way vacation
petition, or at such time as the hearing may be adjourned to by the city
council, the same shall be heard, and if the council determines to grant the
petition, or any part thereof, the council shall authorize by ordinance the
vacation of such street--~-~atteyright-of-wau, or any portion thereof. Such
ordinance may provide for the retention by the city of all easements or
rights in respect to the vacated land for the construction, repair and
maintenance of public utilities and services; provided, that the city council
may, if no vested rights are impaired, modify, change, omit or add
provisions or stipulations as a condition to the granting of petitions for
vacations. When the city council deems it to the best interest of the city, it
may waive all or any part of the additional costs and
Ordinance No. 6085
March 1, 2007
Page 4
expenses provided for in this chapter fro-with respect to any vacation;
provided, that all conditions with respect to such vacation shall be fulfilled
to the satisfaction of the Gcity prior to
the time of the introduction of an ordinance vacating a etreef--er--atl~y~--sr
right-of-way, or all such conditions with respect to such
vacation shall be fulfilled as specified in said ordinance prior to the
ordinance becoming effective. Upon final passage of a ^~r°~~t-o~-arleyright_
of_way vacation ordinance, copies shall be distributed by the city clerk to
all city departments having an interest in the ordinance.
(Ord. 5212 § 1 (Exh. G), 1999; Ord. 3617 § 2, 1981.)
12.48.085 Compensation
The citycouncil may require as a condition of the ordinance that the
city be compensated for the vacated right-of-way in an amount which does
not exceed one-half the value of the right-of-way so vacated, except in the
event the subject property or portions thereof were acquired at public
expense ar have been part of a dedicated public right-of-way for twenty-
five years or more, compensation may be required in an amount equal to
the full value of the right-of-way being vacated. The city engineer shall
estimate the value of the right-of-way to be vacated based on the
assessed values of comparable properties in the vicinity. If the value of the
right-of-way is determined by the city engineer to be $2,000 or less, the
applicant will not be required to provide the city with a formal appraisal. If
the value of the right-of-way, is determined by the city engineer to be
greater than $2,000, the applicant will be required to provide the city with
an appraisal by an MAI appraiser approved by the city engineer, at the
ex ense of the a licant. The cit reserves the ri ht to have a second
appraisal performed at the city's expense.
12.48.090 Petition denial or abandonment.
The riaht-of-wav vacation petition shall be considered _abandoned if
the vacation conditions have not been met, including payment of
compensation within the time period identified in the ordinance, or if no
such time period is identified within 180 days of approval of the
ordinance The city may extend this deadline if they determine the
petitioner has made a c1oad faith effort to meet the conditions.
Ordinance No. 6085
March 1, 2007
Page 5
In the event that the city council, at the conclusion of the public
hearing thereon, denies the requested right-of-way vacation petition, or
that such vacation proceedings should be abandoned by the petitioner,
the petitioner shall be relieved from the obligation to fulfill conditions of the
ordinance
by-tf~-~peta#+ene 'reed--i-n
ata-even ~ .The his
were city shall notify the interested city departments if a
vacation proceeding is abandoned by the petitioner prior to the city council
hearing on the petition. If a vacation petition is disapproved by the city
council or abandoned by the petitioner after the council hearing, such
notification shall be given by the city clerk. (Ord. 5212 § 1 (Exh. G), 1999;
1957 code § 8.24.090.)
Section 2. ADMINISTRATIVE AUTHORITY. The Mayor is hereby authorized
to implement such administrative procedures as may be necessary to carry out the
directives of this legislation.
Section 3. 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 shall not
be affected.
Section 4. EFFECTIVE DATE. This ordinance shall take effect and be in force
five (5) days from and after its passage and publication as required by law.
INTRODUCED:
PASSED:
APPROVED:
PETER B. LEWIS, MAYOR
ATTEST:
Danielle Daskam, City Clerk
Ordinance No. 6085
March 1, 2007
Page 6
Ordinance No. 6085
March 1, 2007
Page 7