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HomeMy WebLinkAbout2334 ORi.iINAi~ICE NO. 2334 · AN ORDINANCE relating to the vacation of streets and alleys, and providing for the cost of A&ainistration by the applicants. THE CITY OF B.~EMERTO?,, DOES ORDAIN: Section 1. Any owners having art interest in any real estate abutting upon any street or alley who may desire to vacate th:::~ street or alley or any part thereof, shall petition the City Council to make vacation in the manner hereinafter provided. Section 2. The petition shall be presented to the City Engineer for examination prior to the payment oZ' the filing fee. The petitioners shall then present the petition ~o the City Treasurer, and pay to said Treasurer i. ng fee of ~15.00. The City Treasurer upon recei~.t of filing fee s~all indorse upon said petition a receipt of pa~ument, and in addition fur- nish to the petitioner a se?arace written receipt showin.!~ said payment. That the petition shall 'then be presented to the Clerk who will in turn re- fer the petition so the i~lanning Coimmission for examination and recommend- ation. Section $. The Planning Oommission may, if it sees fit, hold a pre- y public hea~ing thereon a~ such time, place, and upon such notice~ as the Commission may determine. The petitioners and all other persons Intereste~ in said vacation shall have an opportunity to be heard at said hearing. The Planning Commission after such ~earing ah. all re~urn the pe- tition to the City Council wi~h its written reco~nendations. Section 4 Upon receipt of said petition and recommendation, the Council will then set a date when said petition shall be heard and shall instruct the City Attorney to draft a Resolution, in which the time the petition shall be heard si'mi. 1 ~e determined, which shall be not more than 80 days nor less than 20 days after the date of adoption of said Resolution, and the City Clc-m~ shall ~jiv'e 20 days notice o±' the pendency of said petit- ion by written notice posted in three (3) of the most public places in the City and a like notice in a conspicious place on the street or alley sought to be vacated. The notice shall contain a statement that a petition has been filed to vacate the street or alley mescribed in the notice, together with a statement o~ the time and place fixed for the hearing thereof. Section 5. If the costs of processing the petition for vacation is greater 'than 'the fee, then the City shall demand and receive from the pet- itioners, before vacating said street, the difference between the costs in- volved and ~he filing fee. Section 6. At the time appointed i'or the hearing of the petition the same shall be heard and if the Council determines 'to grant said petition or any part thereof the City Council shall authorize, by Ordinance, the vaca- tion of such street or alley or any part thereof and such Ordinance may pro- vide for the retention by the City of all easements or r~ghts in respect to the vacated land for the construction, repair and maintenance of public util- ities and services. Section V. In the event ollat the City Council at the hearing on the petition shall deny the vacation of said street or alley the City may if it deems it to the best interest of the City, return the filing fee to the petitioners. APPROVED on first reading this 7th day of April, 1959. PASSED on second reading by the City Council of the City of Bremerton, signed by the Mayor and attested by the City Clerk in authentication of such passable this 15th day of April, 1959. ATTEST: ~.0. DOMSTAD, Mayor