ORD 2001-07 STREET & ALLEY VACATIONORDINANCE NO. 2001-07
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to the vacation of streets and alleys; amending Sections
12.34.080, 12.34.120, 12.34.130, 12.34.140 and 12.34.150, and
adding a new Section 12.34.135 to the Bainbridge Island Municipal
Code.
WHEREAS, Chapter 35.79 RCW governs the vacation of streets and alleys by
municipalities; and
WHEREAS, the City wishes to amend the Bainbridge Island Municipal Code to be
consistent with state law; now, therefore
THE CITY COUNCIL OF THE CITY OF BAINBRIDGE ISLAND, WASHINGTON,
DO ORDAIN AS FOLLOWS:
Section 1.
read as follows:
Section 12.34.120 of the Bainbridge Island Municipal Code is amended to
A. The city shall not vacate a street or alley if any portion of the street
or alley abuts a body of fresh or salt water unless:
1. The vacation is sought to enable the city to acquire the
property for port purposes, beach or water access purposes, boat moorage or
launching sites, park, public view, recreation, educational purposes or other public
uses;
2. The city council, by resolution, declares that the street or alley
is not presently being used as a street or alley and that the street or alley is not
suitable for any of the following purposes: port, beach or water access, boat
moorage, launching sites, park, public view, recreation or education; or
3. The vacation is sought to enable the city to implement a plan,
adopted by resolution or ordinance, that provides comparable or improved public
access to the same shoreline area to which the street or alley sought to be vacated
abuts, had the properties included in the plan not been vacated.
B. Before adopting an ordinance vacating a street or alley under
subsection A.2. of this section, the city council shall:
Amendment to Chapter 12.34 BIMC - Street Vacations Page 1 of 5
tm/city ordinance/2001-07
1. Cause an inventory to be compiled of all fights-of-way within
the city that abut the same body of water that is abutted by the street or alley sought
to be vacated;
2. Cause a study to be conducted to determine if the street or
alley to be vacated is unsuitable for use by the city for any of the following purposes:
port, boat moorage, launching sites, beach or water access, park, public view,
recreation or education;
3. Hold a public heating on the proposed vacation in the manner
required by Chapter 35.79 RCW and this chapter; and
4. Include in its written decision a finding that the street or alley
sought to be vacated is not suitable for any other purposes listed under subsection
B.2. of this section, and that the vacation is in the public's interest.
C. Notice of the public heating on the proposed vacation shall be
provided in accordance with the notice provisions of BIMC 12.34.080; provided that
the city shall also post notice of the public heating conspicuously on the street or
alley sought to be vacated, which notice shall indicate that the area is a public access,
that the street or alley is proposed to be vacated, and that anyone objecting to the
proposed vacation should attend the public hearing or send a letter to director of
public works indicating the objection.
D. The city council shall not adopt an ordinance vacating a street or alley
under subsection A.2. of this section until the fair market value of the street or alley
to be vacated, plus the full cost of any physical closures and/or road repairs required
by the director of public works, has been paid in accordance with Sections 12.34.140
and 12.34.150, or a conveyance of real property in lieu of compensation has been
effectuated in accordance with Sections 12.34.135 and 12.34.150.
Moneys received fi.om the vacation of a street or alley abutting a body
of flesh or salt water may be used by the city only for the purpose of
acquiring additional beach or .water access, acquiring additional view
sites to a body of water, or acquiring additional moorage or launching
sites.
Amendment to Chapter 12.34 BIMC - Street Vacations Page 2 of 5
tm/city ordinance/2001-07
Section 2.
read as follows:
Section 12.34.130 of the Bainbridge Island Municipal Code is amended to
A. Where a vacation for a street or alley which does not abut a body of
fresh or salt water has been initiated by petition, the owners of the property abutting
the area to be vacated shall pay to the city, prior to the passage of the ordinance
vacating the area, a sum equal to one-half of the fair market value of the area to be
vacated, plus the full cost of any physical closures and/or road repairs required by the
director of public works; provided, that if the area to be vacated was acquired by the
city at public expense, the owners of the property abutting the area to be vacated shall
pay to the city a sum equal to the full fair market value of the area to be vacated, plus
the full cost of any physical closures and/or road repairs required by the director of
public works.
B. Where a vacation for a street or alley which does not abut a body of
fresh or salt water has been initiated by the city or has been required by the city as
a condition to a permit approval, the owners of the property abutting the area to be
vacated shall not be required to pay compensation for the area to be vacated.
Section 3.
as follows:
A new Section 12.34.135 is added to the Bainbridge Island Municipal Code
A. Conveyance of other property acceptable to the city may be made in
partial satisfaction of or in lieu of the required compensation for the vacation of a
street or alley, xvhether the conveyance is required to mitigate adverse imPacts of the
vacation or otherwise.
B. Where the conveyance of real property is made for street purposes and
in exchange for the vacation of a street or alley that does not abut a body of fresh or
salt water, one-half of the fair market value of the property conveyed shall be
credited to the required compensation payment for the area to be vacated. Where the
conveyance is made in fee for purposes other than street purposes, the full fair market
value of the property conveyed shall be credited to the required compensation
payment for the area to be vacated.
C. Real property may be conveyed in exchange for the vacation of., a
street or alley that abuts a body of salt or fresh water only where the property to be
conveyed is conveyed for port, beach, water access, park, public view, recreation or
educational purposes, boat moorage or launching sites, or other public uses, in
accordance with Section 12.34.120.A.l., or as part of a plan implemented by the city
council pursuant to Section 12.34.120.A.3. Where such property is conveyed for
street purposes, one-half of the fair market value of the property conveyed shall be
credited to the required compensation payment for the area to be vacated. Where the
Amendment to Chapter 12.34 BIMC - Street Vacations Page 3 of 5
tm/city ordinance/2001-07
conveyance is made in fee for purposes other than street proposes, the full fair market
value of the property conveyed shall be credited to the required compensation
payment for the area to be vacated.
D. Where the value of the conveyed property is less than the required
compensation payment, the owners of the property abutting the property to be
vacated shall pay the difference to the city. Where the value of the conveyed
property exceeds the required compensation payment, the city shall pay the
difference to the owners of the conveyed property.
Section 4.
read as follows:
Section 12.34.140 of the Bainbridge Island Municipal Code is amended to
A. The director of public works shall determine the fair market value of
the area to be vacated based upon 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 petitioners a
list of three such certified and designated appraisers from which the petitioners shall
select one appraiser. The petitioner shall pay all costs associated with the appraisal.
B. If the director of public works is not satisfied with the appraisal
submitted by the petitioners under subsection A of this section, 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 this second
appraisal. The director of public works shall use the appraisal having the highest
value for the area to be vacated.
C. The director of public works shall determine the fair market value of
the real property proposed to be granted or dedicated to the city in partial satisfaction
of or in lieu of a cash payment under Section 12.34.130 in accordance with the
appraisal procedures set forth in this section.
Section 5.
read as follows:
Section 12.34.150 of the Bainbridge Island Municipal Code is amended to
After the fair market value of the property to be vacated has been determined
in accordance with Section 12.34.140, the director of public works shall notify the
representative of the petitioners of the amount of compensation required for the area
to be vacated. The required 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; provided, that all compensation for the vacation of streets
and alleys which abut a body of water shall be deposited in a fund designated for the
sole purpose of acquiring additional beach or water access, additional public view
Amendment to Chapter 12.34 B1MC - Stxeet Vacations Page 4 of 5
tm/city ordinance/2001-07
sites to a body of water, or additional moorage or launching sites. The city treasurer
shall make a written report of the payment to the city council.
If the petitioners have been authorized to deliver an instrument granting or
dedicating to the city property in addition to or in lieu of a cash payment pursuant to
Section 12.34.135, the director of public works may, at the petitioners' expense,
obtain either a policy of title insurance insuring title of the conveyed property in the
city, or a certificate of title as to the title thereof. Upon the director of public works'
receipt of such policy or certificate, the director of public works shall transmit the
policy or certificate to the city council.
Section 6. This ordinance shall be effective five days after its passage, approval, and
publication as required by law.
PASSED by the City Council this 25~ day of April 2001.
APPROVED by the Mayor this 26th day of April 2001.
suSk
ATTEST/AUTHENTICATE:
Susan P. Kasper, City Clerk
APPROVED AS TO FORM:
Rod P. Kaseguma, City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
Febmary21,2001
April25,2001
May2,2001
May7,2001
2001-07
Amendment to Chapter 12.34 BIMC - Street Vacations Page 5 of 5
tm/city ordinance/2001-07