ORD 2002-13 STREETS & ALLEYS VACATION ORDINANCE NO. 2002-13
·
AN ORDINANCE of the City of Bainbridge Island, Washington,
relating to the vacation of streets and alleys; amending Sections
12.34.130 and 12.34.150, of the Bainbridge Island Municipal Code.
WHEREAS, RCW 35.79.030, relating to the vacation of streets and alleys, was recently
amended; 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. Section 12.34.130 of the Bainbridge Island Municipal Code is amended to
read as follows'
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, the full cost of any physical closures and/or road repairs required
by the Director of Public Works and (1) one -half of the fair market value of the area
to be vacated or (2) if area was acquired at public expense or has been part of a
dedicated public right-of-way for 25 years or more, the full fair market value of the
area to be vacated.
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 2. Section 12.34.150 of the Bainbridge Island Municipal Code is amended to
read as follows'
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
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to be vacated. The required payment shall be delivered to the director ~f public -
works who, upon receipt of the payment, shall transmit it to the city treasurer.
At least one half of the received compensation shall be dedicated to the
acquisition, improvement, development and related maintenance of public open space
and/or transportation capital projects within the city;_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 sites to a body of water, or additional moorage or launching sites. Any
compensation received by the city which is not dedicated to public open space or
transportation capital projects or to the acquisition of additional water access, view sites
or launching sites, shall be deposited into the street fund. The city treasurer shall make a
~vritten 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 3. This ordinance shall be effective five days after its passage, approval, and
publication as required by law.
PASSED by the City Council this 8th day of May 2002.
APPROVED by the Mayor this 9th day of May 2002.
Darlene Kordonowy,
AT T E S~T/AUTHENTIC ATE:
i/
S~san P. Kasper, City Clerk
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APPROVED AS TO FORM: ; -
R°d P. Kaseguma, City Attorney
FILED WITH TH.E CITY CLERK: March 19, 2002
PASSED BY THE CITY COUNCIL: May 8, 2002
..
PUBLISHED: May 15, 2002
EFFECTIVE DATE: May 20, 2002
ORDINANCE NO.' 2002-13
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