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034-16 - Ordinance - Vacating Portion of Smith Street - FAILED ORDINANCE NO. 034-16 AN ORDINANCE OF THE CITY OF PORT ORCHARD, WASHINGTON, VACATING A PORTION OF SMITH STREET IN LOTS 12 AND 13, BLOCK 8, RE-PLAT OF CENTRAL ADDITION TO SIDNEY, LOCATED IN PORT ORCHARD, WASHINGTON, AND ESTABLISHING THE CONDITIONS OF SUCH VACATION. WHEREAS, a petition for vacation of a portion of Smith Street was submitted to the City by David C. Preston, who obtained the signatures of property owners representing more than two-thirds of the property abutting the proposed street vacation area; and WHEREAS, on September 13, 2016, the City Council adopted Resolution No. 062-16, fixing October 11, 2016, as the date for a public hearing on the street vacation petition, which is not more than 60 days or less than 20 days after passage of the Resolution (POMC Section 12.08.010(3) and RCW 35.79); and WHEREAS, the City Clerk provided public notice of the pending street vacation petition and public hearing thereon (POMC Section 12.08.020(1) and RCW 35.79); and WHEREAS, staff reviewed the petition in light of the provisions of POMC chapter 12.08.060 and determined this proposed street vacation is not subject to the 1889-1890 Laws of Washington, Chapter 19, Section 32 (the nonuser statue) as it was part of the original creation of the City boundaries in 1890; and WHEREAS, the City Council held a public hearing on October 11, 2016, on the proposed street vacation; now, therefore, THE CITY COUNCIL OF THE CITY OF PORT ORCHARD, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Non-user Statute. Under POMC Section 12.08.060(5), staff has determined the area proposed for vacation has not been vacated by lapse of time under the non-user statute. Section 2. Public Notice. The City Council finds that the City Clerk provided at least 20 days’ notice of the pendency of the street vacation petition and the public hearing thereon, as required by POMC Section 12.08.020 and RCW 35.79, and that notice was also posted on the street or alley sought to be vacated. Ordinance No. 034-16 Page 2 of 3 Section 3. Staff Report. Staff has prepared a report and recommendation on the proposed vacation, which is dated November 8, 2016. A copy of this report was available to the public prior to the public hearing. Section 4. Public Hearing. The public hearing was held on the petition for street vacation on October 11, 2016. Section 5. Testimony at Public Hearing. The following is a list of the members of the public testifying at the public hearing, and a summary of the public testimony presented: • Letter dated September 21, 2016 was provided to the public and the City Council as part of the official record. Section 6. City Council Findings. After hearing the testimony of the public and considering the staff report and all other relevant facts, the City Council finds as follows: A. ; and B. . Section 7. City Council Conclusions. The City Council determines the area proposed for vacation can be vacated and therefore shall approve the vacation ordinance. Section 8. Recording. A certified copy of this Ordinance vacating the proposed area shall be recorded by the City Clerk with the Kitsap County Auditor’s office, as required by RCW 35.79.030; upon the City being compensated in an amount which does not exceed one-half the appraised value of the area so vacated. Section 9. Severability. If any section, sentence, clause or phrase of this Ordinance should be held to be unconstitutional or unlawful by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this Ordinance. Section 10. Publication. This Ordinance shall be published by an approved summary consisting of the title. Section 11. Effective Date. This Ordinance shall take effect and be in full force and effect five days after publication, as provided by law. PASSED by the City Council of the City of Port Orchard, APPROVED by the Mayor and attested by the City Clerk in authentication of such passage this 8th day of Ordinance No. 034-16 Page 3 of 3 November 2016. Robert Putaansuu, Mayor ATTEST: Brandy Rinearson, CMC, City Clerk APPROVED AS TO FORM: Sponsored by: ___________________________ ______________________________ Sharon Cates, City Attorney Shawn Cucciardi, Councilmember PUBLISHED: EFFECTIVE DATE: