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ORD 94-32 VACATION OF STREETS AND ALLEYSORDINANCE NO. 94-32 AN ORDINANCE of the City of Bainbridge Island, Washington, relating to the vacation of streets and alleys, and amending Sections 12.34.040, 12.34.060, 12.34.100, 12.34.110, 12.34.130, 12.34.140 and 12.34.150 of the Bainbridge Island Municipal Code. THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN as follows: Section 1. Section 12.34.040 of the Bainbridge Island Municipal Code is amended as follows: Petition Fees. Every petition for the vacation of any street or alley or any part thereof, shall be accompanied by a fee in an amount established by resolution of the City to defray a portion of the administrative costs incurred in processing the petition and publishing, posting and mailing notices. The fees shall not be refunded under any circumstances. Section 2. Section 12.34.060 of the Bainbridge Island Municipal Code is amended as follows: Setting of Hearing. Upon receipt of the petition, the fee and all required documents, the city clerk shall forward the petition and required documents to the director of public works, or the director's designee, who shall determine whether the petition has been signed by the owners of more than 2/3 of the property abutting the part of the street or alley to be vacated. If the petition has been signed by the requisite percentage of such owners, the director of public works, or the director's designee, shall bring the petition before the city council within 30 days of receipt of the petition, and the city council shall by resolution fix the time when the petition will be heard by the city council, or a committee of the city council, which time shall not be more than 60 days nor less than 20 days after the adoption of the resolution. Where the city council initiates the vacation by resolution, that resolution shall fix the time when the proposed vacation will be heard by the city council or a committee of the city council. Section 3. Section 12.34.100 of the Bainbridge Island Municipal Code is amended as follows: Hearing and Committee Report. ORDINANCE NO. 94-32 AN ORDINANCE of the City of Bainbridge Island, Washington, relating to the vacation of streets and alleys, and amending Sections 12.34.040, 12.34.060, 12.34.100, 12.34.110, 12.34.130, 12.34.140 and 12.34.150 of the Bainbridge Island Municipal Code. THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON, DO ORDAIN as follows: Section 1. Section 12.34.040 of the Bainbridge Island Municipal Code is amended as follows: Petition Fees. Every petition for the vacation of any street or alley or any part thereof, shall be accompanied by a fee in an amount established by resolution of the City to defray a portion of the administrative costs incurred in processing the petition and publishing, posting and mailing notices. The fees shall not be refunded under any circumstances. Section 2. Section 12.34.060 of the Bainbridge Island Municipal Code is amended as follows: Setting of Hearing. Upon receipt of the petition, the fee and all required documents, the city clerk shall forward the petition and required documents to the director of public works, or the director's designee, who shall determine whether the petition has been signed by the owners of more than 2/3 of the property abutting the part of the street or alley to be vacated. If the petition has been signed by the requisite percentage of such owners, the director of public works, or the director's designee, shall bring the petition before the city council within 30 days of receipt of the petition, and the city council shall by resolution fix the time when the petition will be heard by the city council, or a committee of the city council, which time shall not be more than 60 days nor less than 20 days after the adoption of the resolution. Where the city council initiates the vacation by resolution, that resolution shall fix the time when the proposed vacation will be heard by the city council or a committee of the city council. Section 3. Section 12.34.100 of the Bainbridge Island Municipal Code is amended as follows: Hearing and Committee Report. The hearing on the petition or proposal shall be held before the city council, or a committee of the city council, upon the day fixed by resolution or at the time to which a hearing may be adjourned. Following the hearing the committee shall report its recommendation on the petition or proposal to the city council, which may adopt or reject the recommendation. If a hearing is held before a committee, it shall not be necessary to hold a hearing before the city council. Section 4. Section 12.34.110 of the Bainbridge Island Municipal Code is amended as follows: City Council Decision. Following the hearing and receipt of the committee report, if applicable, the city council shall determine whether to vacate the street or alley. The determination shall include, but not be limited to, consideration of the following criteria: A. Whether a change of use or vacation of the street or alley will better serve the public; B. Whether the street or alley is no longer required for public use or public access; C. Whether the substitution of a new and different public way would be more useful to the public; D. Whether conditions may so change in the future as to provide a greater use or need than presently exists; and E. Whether objections to the proposed vacation are made by owners of private property (exclusive of petitioners) abutting the street or alley or other governmental agencies or members of the general public. If the city council determines to grant the vacation, the action shall be made by ordinance with such conditions or limitations as the city council deems necessary and proper to preserve any desired public use or benefit. The ordinance may contain a provision retaining or requiring conveyance of easements for construction, repair and maintenance of existing and future utilities and services. Section 5. Section 12.34.130 of the Bainbridge Island Municipal Code is amended as follows: A. Where a vacation has been initiated by petition, the owners of property abutting the area vacated shall pay to the City, prior to the passage of the ordinance vacating the area, a sum equal to 1/2 of the appraised value of the area vacated plus the full cost of physical closure and road repairs as required by the director of public works; provided, that where the vacation was initiated by the City or was required by the City as a condition of a permit or approval, the owners of property abutting the area vacated shall not be required to pay such sum and provided further, that where the area vacated was acquired at public expense, the owners of property abutting the area vacated shall pay to the City a sum equal to the full appraised value of the area to be vacated. B. Conveyance of other property acceptable to the City may be made in lieu of the required payment, whether required to mitigate adverse impacts of the vacation or otherwise. When the conveyance is made for street purposes, 1/2 of the fair market value of the land conveyed shall be credited to the required payment. When the conveyance is made in fee for purposes other than street purposes, the full appraised value of the land conveyed shall be credited to the required payment. C. When the value of the in -lieu parcel is less than the required payment, the petitioner shall pay the difference to the City. When the value of the in -lieu parcel exceeds the required payment, the City shall pay the difference to the petitioners. Section 6. Section 12.34.140 of the Bainbridge Island Municipal Code is amended as follows: Appraisals. A. The director of public works shall determine the full appraised value of the area vacated based on an appraisal from a state -certified real estate appraiser who has an MAI or SRA designation from the Appraisal Institute. To obtain such appraisal, the director of public works shall present to the representatives of the petitioners a list of three such certified and designated appraisers from which the representatives of the petitioners shall select one appraiser. The petitioner shall pay for the appraisal. If the director of public works is not satisfied with the appraisal, the director may order a second appraisal from a state -certified real estate appraiser who has an MAI or SRA designation from the Appraisal Institute. The City shall pay for second appraisal. The director of public works shall use the appraisal having the highest value for the area vacated. B. The director of public works shall determine the fair market value or full appraised value of the real property proposed to be granted or dedicated to the City in lieu of cash payment under Section 12.34.130 in accordance with the appraisal procedure in subsection A of this Section. Section 7. Section 12.34.150 of the Bainbridge Island Municipal Code is amended as follows: Payment of Compensation of Conveyance. After determining the value of the street or alley to be vacated pursuant to Section 12.34.140, the director of public works shall notify the representatives of the petitioners of the amount of compensation. The payment shall be delivered to the director of public works who, upon receipt of the payment, shall transmit it to the city treasurer for deposit in the street fund and shall make a written report of the payment to the city council. If the petitioner has been authorized to deliver an instrument granting or dedicating to the City a parcel or parcels of land in lieu of cash payment, as contemplated by Section 12.34.130, the director of public works, at the petitioner's expense, may obtain either a policy of title insurance insuring title of the property in the City, or a certificate of title as to the title thereof, and upon receipt of such policy or certificate, shall transmit it to the city council. Section 8. This Ordinance shall be effective five (5) days from and after its passage, approval and publication as required by law. PASSED by the City Council this 5th day of January, 1995. APPROVED by the Mayor this 10th day of January, 1995. fZ.(, JANET K. WEST, Mayor ATTEST/AUTHENTICATE: SUSAN P. KASPER, City Clerk FILED WITH THE CITY CLERK: PASSED BY THE CITY COUNCIL: January 5, 1995 PUBLISHED: January 11, 1995 EFFECTIVE DATE: January 16, 1995 ORDINANCE NO. 94-32