Ord 04-467
ORDINANCE NO. 04-467
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 13,
ARTICLE IV, OF THE CITY OF FEDERAL WAY CITY CODE
REGARDING VACATION OF STREETS (amending Ordinance No.
91-07).
WHEREAS, vacation of streets is governed by RCW 35.79 and FWCC Chapter
13, Article IV; and
WHEREAS, in 2002, the State Legislature amended RCW 35.79.030 regarding
vacation of streets to authorize full appraised value for streets that have been part of the
dedicated public right-of-way for twenty-five years or more and to require that half of the
revenue received by the city as compensation for the area vacated must be dedicated to the
acquisition, improvement, development and related maintenance of public open space or
transportation capital projects within the city; and
WHEREAS, RCW 35.79.03 supersedes any other provision of state statute or city
ordinance related to the Hearing, Ordinance, and setting of compensation for vacation of streets;
and
WHEREAS, FWCC Chapter 13, Article IV must be amended for consistency with
RCW 35.79;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL
WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS:
Section 1.
Vacation of Streets. Chapter 13, Article IV, of the Federal Way
City Code is hereby amended as follows:
OR\G\NAL
ORD # 04-467, PAGE 1
13-93 Petition signatures - Number required.
The petition authorized by this article shall describe the street or alley, or portion thereof:
desired to be vacated and shall be signed by owners of more than two-thirds of the priv~te
property abutting upon the part of the street or alley sought to be vacated. (Ord. No. 91-107, §
1(13.4),9-3-91)
13-103
Action by council.
If the city council shall determine to grant the street vacation or any part thereof~ the
council shall direct the city attorney to prepare an ordinance vacating the street or portion
thereof, which such conditions or limitations as the council deems necessary and proper to
preserve any desired public use or benefit, as follows:
(1) Easements. If the city council deems that to grant the vacation shall be to the public's
interest and advantage, the council may, by ordinance, vacate such street, alley or part thereof,
reserving to the city or public utility, an easement or the right to exercise and grant easements in
respect to the vacated land for the construction, repair and maintenance of public utilities and
services and may impose such other conditions or limitations as it deems necessary and proper to
preserve any desired public use or benefit.
(2) Rededication. If the council finds that future development of undeveloped land
abutting such street or alley may alter or increase need or public use in such strip, such vacation
may is be granted only upon execution of a covenant running with such abutting land to
rededicate such a portion upon declaration of public use and necessity by the council.
(3) Waterfront. The city shall not be authorizedor have authority to vacate such street, or
alley, or any parts thereof if any portion thereof abuts on any body of water unless such vacation
is sought to enable the city to acquire the property for port purposes, boat moorage or launching
ORD #04-467 , PAGE 2
sites, park, viewpoint, recreational or educational purposes, or other public uses. This proviso
shall not apply to industrial zoned property.
(4) Compensation. Following council determination to grant the street vacation, any
ordinance granting a street vacation or portion thereof shall not be presented to council for
passage until the petitioners have paid to the city an amount that does not exceed one-half the
appraisal value of the area vacated, except when:
a. The street ',vas purchased using public funds, in vlhich C3cse the full appraised value
is payable to the city; or
B-.A property benefìcial to the public, of equal or greater value is exchanged for the
area to be vacated~; or
b. If the street or alley has been part of a dedicated public right-of-way for twenty-
five years or more, or if the subject property or portions thereof were acquired at public expense,
the city may require the owners of the property abutting the street or alley to compensate the city
in an amount that does not exceed the full appraised value of the area vacated.
Half of the revenue received by the city as compensation for the area vacated must be
dedicated to the acquisition, improvement, development and related maintenance of public open
space or transportation capital projects within the city.
(5) Value determination. The value of the area to be vacated shall be determined by
submittal of an appraisal of the subject property acceptable to the city. The city additionally
reserves the right to obtain an independent appraisal or evaluation, which fees shall also be paid
by the applicant.
ORD #04-467 , PAGE 3
(6) Recording. Upon its effective date, a certified copy of the ordinance granting vacation
shall be recorded by the city clerk in the office of the county department of elections and records.
(Ord. No. 91-107, § 1(13.11),9-3-91)
Section 2.
Severability. The provisions of this Ordinance are declared
separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section,
or portion of this Ordinance or the invalidity of the application thereof to any person or
circumstance, shall not affect the validity of the remainder of this Ordinance, or the validity of its
application to other persons or circumstances.
Section 3.
Ratification. Any act consistent with the authority and prior to the
effective date of this Ordinance is hereby ratified and affirmed.
Section 4.
Effective Date. This Ordinance shall take effect and be in force 30
days from and after its passage, approval and publication, as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY.
WASHINGTON this 19th day of October
,2004.
CITY OF FEDERAL WAY, WASHINGTON
/
By
CIT
APPROVED AS TO FORM:
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1 ¿; -z:::. I. 'z-¿'¿~'t/!L'~
CITY ATTORNEY, Patricia A. Richardson
ORD #04-467 , PAGE 4
FILED WITH THE CITY CLERK: 9/28/04
PASSED BY THE CITY COUNCIL: 10/19/04
PUBLISHED: 10/23/04
EFFECTIVE DATE: 11/22/04
ORDINANCE NO. #04-467
K:\ORDINlStreet Vacation
ORD #04-467 , PAGE 5