01/19/1989 - MinutesL� �aw,ar`' !�8c
TO: �ui rooeri-.v Committee
FM: C�ty Eng�neer
RE: Meeting Minutes
The Committee met with John and Ken Quisenberry at Tweten's to
discuss the Maple Btreet Iease property. Committee members
present were Carolyn Powers and Jesse Smith. Also present was
Larry Cur\es.
The Quisenberry's have to decide whether to purchase the property
that -they now lease from the Howe Estate or to relocate to a new
site. In that decision there are many variables. One of which is
the question of the leaSe of the Maple Street right of way. They
have expressed an interest in purchasincj or trading for that
property. The Committee made no commitments or expressed an
opinion on the subject.
It was generally felt that an outright purchase of the property
would not be acceptible to the Council. If the Council would
release own- rship of that property, they Would need to have it
replacad with better or equal access to the water.
There was some discussion as to the question of 1ease terms and
if the City could legally sell or trade the property. The meeting
ended with the staff to research these questions.
****************"t******III **************************Ix***************
The following was in the clerk's file:
In 1956, the City petitioned DNR to vacate the maple Street
Waterway in order to construct a road system. Since the land was
under federal jurisdiction, the Corps of Engineers had to allow
thia vacation of waterway. In 1959, the vacation was granted.
From the Clerk's lease file:
Polly Gans lease expires in 1990 and has a 10 year option to
renew.
The Howe lease was renewed in 191-K-2. and L-xpires in 199B. In 1993,
it has a five year op�ion that can be renewed.
From the State law, the following applies:
RCW 35.79.035 Limits the City's capability of vaca�ing streets
that abut the waterfront.
1
RCW 35.24'3i )0 SLates that leases of streets or waterfronts shalI
be no longer than 10 years, in which there is a five year option
to renew.
RCW 79.49.l50 Allows shorelands and tidelamds to be lease -tor
up to 55 years. (It should be noted that this may not apply since
the waterway was vacated, and technically the property became
street right of way. The attorney's opinion is needed here.)
CONCLUSION
Unless the attorney disagress, the City will have to declare that
the property is not suitable for public view or recreation; or
trade for access to the same shoreline. If the Council decides
this, the community may challenge it.
Meanwhile the business owner will have to negotiate for ten Year
leases.
35.79.010
Title 35 RCNN': Cities and ToN,,s
time when the petition will be heard and determined by
such authority or a committee thereof, which time shall
not be more than sixty days nor less than twenty days
after the date of the passage of such resolution. [ 1965 c
7 § 35.79.010. Prior: 1957 c 156 § 2; 1901 c 84 § 1,
part; RRS § 9297, part.]
35.79.020 Notice of hearing Objections prior to
hearing. upon the passage of the resolution the city or
town clerk shall give twenty days' notice of the pendency
of the petition by a written notice posted in three of the
most public places in the city or town and a like notice
in a conspicuous place on the street or alley sought to be
vacated. The said notice shall contain a statement that a
petition has been filed to vacate the street or alley de-
scribed in the notice, together with a statement of the
time and place fixed for the hearing of the petition. In
all cases where the proceeding is initiated by resolution
of the city or town council or similar legislative author-
ity without a petition having been signed by the owners
of more than two—thirds of the property abutting upon
the part of the street or alley sought to be vacated, in
addition to the notice hereinabove required, there shall
be given by mail at least fifteen days before the date
fixed for the hearing, a similar notice to the owners or
reputed owners of all lots, tracts or parcels of land or
other property abutting upon any street or alley or any
part thereof sought to be vacated, as shown on the rolls
of the county treasurer, directed to the address thereon
shown: Provided, That if fifty percent of the abutting
property owners file written objection to the proposed
vacation with the clerk, prior to the time of hearing, the
city shall be prohibited from proceeding with the resolu-
tion. [1965 c 7 § 35.79.020. Prior: 1957 c 156 § 3; 1901
c 84 § 1, part; RRS § 9297, part.]
35.79.030 Hearing Ordinance of vacation. The
hearing on such petition may be held before the legisla-
tive authority, or before a committee thereof upon the
date fixed by resolution or at the time said hearing may
be adjourned to. If the hearing is before such a commit-
tee the same shall, following the hearing, report its rec-
ommendation on the petition to the legislative authority
which may adopt or reject the recommendation. If such
hearing be held before such a committee it shall not be
necessary to hold a hearing on the petition before such
legislative authority. If the legislative authority deter-
mines to grant said petition or any part thereof, such
city or town shall be authorized and have authority by
ordinance to vacate such street, or alley, or any part
thereof, and the ordinance may provide that it shall not
become effective until the owners of property abutting
upon the street or alley, or part thereof so vacated, shall
compensate such cite or town in an amount which does
not exceed one—half the appraised value of the area s
vacated, except in the event the subject property or por-
tions thereof were acquired at public expense, compen-
sation may be required in an amount equal to the full
appraised value of the vacation: Providcd, That such or-
dinance may provide that the city retain an easement o
the right to exercitie ;end grant cawment� in
,Title ?5 W \%---p :14'
the vacated land for the construction, repair, and main-
tenance of public utilities and services. A certified cop}
of such ordinance shall be recorded by the clerk of the
legislative authority and in the office of the auditor o
the county in which the vacated land is located. [1987 c
228 § l; 1985 c 254 § 1: 1969 c 28 § 4. Prior: 1967 exs.
c 129 § 1; 1967 c 123 § 1; 1965 c 7 § 35.79.030; prior:
1957 c 156 § 4; 1949 c 14 § 1; 1901 e 84 § 2; Rem.
Supp, 1949 § 9298.]
35.79.035 Limitations on vacations of streets abut-
ting bodies of water Procedure. (1) A city or town
shall not vacate a street or alley if any portion of the
street or alley abuts a body of fresh or salt water unless:
(a) The vacation is sought to enable the city or town
to acquire the property for port purposes, beach or water
access purposes, boat moorage or launching sites, park.
public view, recreation, or educational purposes, or other
public uses;
(b) The city or town, by resolution of its legislative
authority, declares that the street or alley is not pres-
ently being used as a street or alley and that the street
or alley is not suitable for any of the following purposes:
Port, ;each or water access, boat moorage, launching
sites, park, public view, recreation, or education; or
(c) The vacation is sought to enable a city or town -,cimplement a plan, adopted by resolution or ordinance.
that provides comparable or improved public access isy the same shoreline area to which the streets or alle
sought to be vacated abut, had the properties included it
the plan not been vacated.
(2) Before adopting a resolution vacating a street a,
alley under subsection (1) (b) of this section, the cit}. o!
town shall:
(a) Compile an inventory of all rights of way within
the city or town that abut the same body of water that is
abutted by the street or alley sought to be vacated;
(b) Conduct a study to determine if the street or alle,
to be vacated is suitable for use by the city or town to
any of the following purposes: Port, boat moorage
launching sites, beach or water access, park, public view
recreation, or education;
(c) Hold a public hearing on the proposed vacation is
the manner required by this chapter, where in additio-
to the normal requirements for publishing notice, notic
of the public hearing is posted conspicuously on th
street or alley sought to be vacated, which posted notic
indicates that the area is public access, it is proposed t
be vacated, and that anyone objecting to the propose
vacation should attend the public hearing or send a let
ter to a particular official indicating his or her objection
and
(d) Make a finding that the street or alley sought t
be vacated is not suitable for any of the purposes liste
o under (b) of this subsection. and that the vacation is i
the public interest,
(3) 'No vacation shall be effective until the fair mark:
value has been paid for the street or alley that is v:
sated. Moncvs received from the vacation may be use
r by thcc cite or town only for acquiring additional beat
or %+atcr access. acouirin: addMomil public vies% site
I nl +cilirl-�, I3uiidirE, Ind ltrlsL_ llrri,
.1.;.Afl.t00
;1 bEEu% ��!- a:Etcr_ tir ic.1E:u',r, .idditEn:;l EtUN7r:1L'e or
lattnCnirlSl ,TICS. i I���S� _ ��� l _
35, , 9,040 Title 1n mcated street or alley, 11' any
street or ille% in an% cite or town is vacated b� the cite
or town council, the property within the limits so vacated
shall belong .o the abutting property owners, one-half to
each. [1965 c 7 § 35.79.040. Prior: 1901 c 84 § 3: RRS
§ 9:99.1
35.79.050 Vested rights not affected. No vested
rights shall be affected by the provisions of this chapter.
[1965 c 7 § 35.79.050. Prior: 1901 c 84 § 4; RRS §
9300.]
Chapter 35.80
UNFIT DWELLINGS, BUILDINGS AND
STRUCTURES
Sections
35.30.010 Declaration of purpose.
35.30.021) Definitions.
35.90.030 Permissible ordinances —Appeal.
35.80.040 Discrimination prohibited.
35.30.010 Declaration of purpose. It is hereby found
that there exist, in the various municipalities and coun-
ties of the state, dwellings which are unfit for human
habitation, and buildings and structures which are unfit
for other uses due to dilapidation, disrepair, structural
defects, defects increasing the hazards of fire, accidents,
or other calamities, inadequate ventilation and unclean-
liness, inadequate light or sanitary facilities, inadequate
drainage, overcrowding, or due to other conditions which
are inimical to the health and welfare of the residents of
such municipalities and counties.
It is further found and declared that the powers con-
ferred by this chapter are for public uses and purposes
for which public money may be expended, and that the
necessity of the public interest for the enactment of this
law is hereby declared to be a matter of local legislative
determination. [1969 ex.s, c 127 § 1; 1967 c I I 1 § 1;
1965 c 7 § 35.80.010. Prior: 1959 c 82 § 1.]
35.80.020 Definitions. The following terms, however
used or referred to in this chapter, shall have the follow-
ing meanings, unless a different meaning is clearly indi-
cated by the context:
(1) "Board" shall mean the improvement board as
provided for in RCW 35.80.030(1)(a);
(2) "Local governing body" shall mean the council,
board, commission, or other legislative body charged
with governing the municipality or county;
(3) "Municipality" shall mean any city, town or
county in the state;
(4) "Public officer" shall mean anv officer who is in
charge of any department or branch of the government
of the municipality or county relating to health, fire,
building regulation, or other activities concerning dwell-
ings, buildings, and structures in the municipality or
iililnl'. i001" ,. I'7 ti rh- k t)f}` j
3�.,�0,0't)_ Prior: N-) c
35.,{0.030 Permissible ordinances :lppeal. ( 1 )
Whenc`.er the local governing body of a municipality
linds that one or niore conditions of the character de-
scribed in RCA' 35.80.010 exist within its territorial
limits, said governing bode may adopt ordinances relat-
ing to such dwellings, buiidings, or structures. Such
ordinances may provide for the following:
(a) That an "improvement board" or officer be desig-
nated or appointed to exercise the powers assigned to
such board or officer by the ordinance as specified
herein. Said board or officer may be an existing munici-
pal board or officer in the municipality, or may be a
separate board or officer appointed solely for the pur-
pose of exercising the powers assigned by said ordinance.
If a board is created, the ordinance shall specify the
terms, method of appointment, and type of membership
of said board, which may be limited. if the local govern-
ing body chooses, to public officers as herein defined.
(b) If a board is created, a public officer, other than a
member of the improvement board, may be designated
to work with the board and carry out the duties and ex-
ercise the powers assigned to said public officer by the
ordinance.
(c) That if, after a preliminary investigation of any
dwelling, building, or structure, the board or officer
finds that it is unfit for human habitation or other use,
he shall cause to be served either personally or by certi-
fied mail, with return receipt requested, upon all persons
having any interest therein, as shown upon the records of
the auditor's office of the county in which such property
is located, and shall post in a conspicuous place on such
property, a complaint stating in what respects such
dwelling, building, or structure is unfit for human habi-
tation or other use. If the whereabouts of such persons is
unknown and the same cannot be ascertained by the
board or officer in the exercise of reasonable diligence,
and the board or officer shall make an affidavit to the
effect, then the serving of such complaint or order upon
such persons may be made either by personal service or
by mailing a copy of the notice and order by certified
mail, postage prepaid, return receipt requested, to each
person at the address appearing on the last equalized tax
assessment roll of the county where the property is lo-
cated or at the address known to the county assessor. A
copy of the notice and order shall also be mailed, ad-
dressed to such person, at the address of the building in-
volved in the proceedings, if different, and to each
person or party having a recorded right. title, estate,
lien, or interest in the property. Such complaint shall
contain a notice that a hearing will be held before the
board or officer, at a place therein fixed, not less than
ten days nor more than thirty days after the serving of
said complaint; and that all parties in interest shall be
given the right to file an answer to the comp€aint, to ap-
pear in person, or otherwise, and to give testimony at the
time and place in the complaint. The rules of evidence
prevailing in courts of law or equity shall not be con-
trolling in hearings before the board or officer. A copy
(1987 Ed.) [Tide 35 RCW—p 2351
MR
35,24,290
Title 35 12 " : Cities and Towns
and deepen the channel thereof, and remove obstructions
therefrom: to improve the water -front of the cite, and to
construct and maintain embankments and other works to
protect such city from overflow; to prevent the filling of
the water of any bay, except such filling over tide or
shorelands as may be provided for by order of the city
council: to purify and prevent the pollution of streams of
water, lakes or other sources of supply, and for this pur-
pose shall have jurisdiction over all streams, lakes or
other sources of supply, both within and without the city
limits. Such city shall have power to provide by ordi-
nance and to enforce such punishment or penalty as the
city council may deem proper for the offense of polluting
or in any manner obstructing or interfering with the wa-
ter supply of such city or source thereof;
(9) To erect and maintain buildings for municipal
purposes;
(10) To permit, under such restrictions as it may
deem proper, and to grant franchises for, the laying of
railroad tracks, and the running of cars propelled by
electric, steam or other power thereon, and the laying of
gas and water pipes and steam mains and conduits for
underground wires, and to permit the construction of
tunnels or subways in the public streets, and to construct
and maintain and to permit the construction and main-
tenance of telegraph, telephone and electric lines therein;
(11) In its discretion to divide the city by ordinance,
into a convenient number of wards, not exceeding six, to
fix the boundaries thereof, and to change the same from
time to time: Provided, That no change in the bounda-
ries of any ward shall be made within sixty days next
before the date of a general municipal election, nor
within twenty months after the wards have been estab-
lished or altered. Whenever such city is so divided into
wards, the city council shall designate by ordinance the
number of councilmen to be elected from each ward,
apportioning the same in proportion to the population of
the wards. Thereafter the councilmen so designated shall
be elected by the qualified electors resident in such
ward, or by general vote of the whole city as may be
designated in such ordinance. When additional territory
is added to the city it may by act of the council, be an-
nexed to contiguous wards without affecting the right to
redistrict at the expiration of twenty months after last
previous division. The removal of a councilman from the
ward for which he was elected shall create a vacancy in
such office;
(12) To impose fines, penalties and forfeitures for any
and all violations of ordinances, and for any breach or
violation of any ordinance to fix the penalty by fine or
imprisonment, or both, but no such fine shall exceed five
thousand dollars nor the term of such imprisonment ex-
ceed the term of one year: or to provide that violations
of ordinances constitute a civil violation subject to mon-
etary penalty;
(131 To establish fire limits, with proper regulations;
(14) To establish and maintain a free public library;
(l 5) To establish and rcgulalc public markets and
market places;
(16) To punish the keepers and inmates and lessors of
houses of ill fame, gambler,, and keepers of gambiing
ITilk' 35 R('vv—p lllbl
tables, patrons thereof or those found loitering about
such houses and places;
(17) To make all such ordinances, bylaws, rules, reg-
ulations and resoiutions, not inconsistent with the Con-
stitution and laws of the state of Washington, as may be
deemed expedient to maintain the peace, good govern-
ment and welfare of the corporation and its trade, com-
merce and manufactures, and to do and perform any
and all other acts and things necessary or proper to
carry out the provisions of this chapter, and to enact and
enforce within the limits of such city all other local, po-
lice, sanitary and other regulations as do not conflict
with general laws;
(18) To license steamers, boats and vessels used in
any bay or other watercourse in the city and to fix and
collect such license; to provide for the regulation of
berths, landings, and stations, and for the removing of
steamboats, sail boats, sail vessels, rafts, barges and
other watercraft; to provide for the removal of obstruc-
tions to navigation and of structures dangerous to navi-
gation or to other property, in or adjoining the
waterfront, except in municipalities in counties in which
there is a city of the first class. [1986 c 278 § 5; 1984 c
258 § 804; 1977 ex.s. c 316 § 23, 1965 ex.s. c 116 § 10;
1965 c 7 § 35.24.290. Prior: 1915 c 184 § 14; 1893 c 70
§3.1891 c 56 § 3; 1890 p 183 § 17;RRS§9127.1
Severabillty-1986 c 278: See note following RCW 36.01.010.
Court Improvement Act of 1984—Effective dates—Sererahil-
itv-----Short title----1984 c 258: See notes following RC%' 3.30.010.
Severabilitc-1977 ex.s. c 316: See note following RCW
70.48.020.
35.24.292 Citv and town license fees and taxes on fi-
nancial institutions. See chapter 82.14A RCW.
35.24.293 City license fees or taxes on certain busi-
ness activities to be at a single uniform rate. See RCW
35.21.710.
35.24.294 Nonpolluting power generation by individ-
ual Exemption from regulation Authorization to
contract with utility. See chapter 80.58 RCW.
35.24.295 Hydroelectric resources Separate legal
authority —Creation by irrigation districts and cities;
towns, or public utility districts. See RCW 87.03.825
through 87.03.840.
35.24.300 Additional powers Acquisition, con-
trol, and disposition of property. The city council of such
city shall have power to purchase, lease, or otherwise
acquire real estate and personal property necessary or
proper for municipal purposes and to control, lease, sub-
lease, convev or otherwise dispose of the same; to ac-
quire and plat Lund for cemeteries and parks and provide
for the regulation thereof, including but not limited to
the right to lease any waterfront and other lands adja-
cent thereto owned by it for manufacturing, commercial
or other business purposes: including: but not limited to
the right to lease for xharf. dock and other purposes of
navigation and commerce such portions of its streets
which bound upon or terminate in its waterfront or the
! !ti? I-d
I hirli I ( ilic,
1„+o0
nav4!,abic `. mcr,, of ale;' uIIICCL h�f��c:','�'. fo ',hQ
written Ol JW 01 ;S ilmMrlty o .hc rc
leer frunta,e of the harbor area abutting )n MIN "IrCCL
proposed to be ;o Ie:;Sc:d. No lease JI streets Or wa[er-
front ,hall be I'or loncer than tin vc:tl-s rind the rental
therei'or shrill be tixcd b% the city council. Every such
lease shall contain a eiatsse that at intervals of ever% five
vears during the tern) thereof the rental to be paid by
the lessee shall be readjusted between the lessee and the
city by mutual agreement, or in default of such mutual
agreement that the rental shall be fixed by arbitrators to
be appointed one by the city council, one by the lessee
and the third by the two thus appointed. No such lease
shall be made until the city council has first caused no-
tice thereof to be published in the official newspaper of
such city at least fifteen days and in one issue thereof
each week prior to the making of such lease, which no-
tice shall describe the portion of the street proposed to
be leased, to whom, for what purpose, and the rental to
be charged therefor. The city may improve part of such
waterfront or street extensions by building inclines,
wharves, gridirons and other accommodations for ship-
ping, commerce and navigation and may charge and
collect for service and use thereof reasonable rates and
tolls. [1965 e 7 § 35.24.300. Prior: 1963 c 153 § 1, 1915
c 184 § 15; RRS § 9128.1
35,24.305 Additional powers Parking meter reve-
nue for revenue bonds. All cities of the third class, re-
gardless of their form of government, and all municipal
corporations of the fourth class (towns), are hereby
authorized to use parking meter revenue as a base for
obtaining revenue bonds for use in improvement of
streets, roads, allevs, and such other related public
works. [1965 c 7 § 35.24.305. Prior: 1957 c 166 § 1.1
35.24.306 Additional powers- ambulances and
first aid equipment. In 'incorporated cities of the third
class where commercial ambulance service is not readily
available, the city shall have the power:
(1) To authorize the operation of municipally —owned
ambulances which may serve the city and may serve for
emergencies surrounding rural areas,
(2) To authorize the operation of other municipally —
owned first aid equipment which may serve the city and
surrounding rural areas;
(3) To contract with the county or with another mu-
nicipality for emergency use of city -owned ambulances
or other first aid equipment: Provided, That the county
or other municipality shall contribute at least the cost of
maintenance and operation of the equipment attributa-
ble to its use thereof; and
(4) To provide that such ambulance service may be
used to transport persons in need of emergency hospital
care to hospitals beyond the city limits.
The council may, in its discretion, make a charge for
the service authorized by this section: Provided, That
such ambulance service shall not enter into competition
or competitive bidding where private ambulance service
is available. [1965 c 7 § 35-24.306. Prior: 1963 c 131 §
1.1
35.24.307 Additional po%tiers t. onslruction and
operation of hoot harbor,. marinas, ducks. etc. 5ce RCW
35-24.310 Eminent domain. Whenever it shall be -
conic necessary for the Cit% to take or damage private
propert% for the purpose of Qstabiishing. laying out, ex-
tending and widening, streets and other public highways
and places within the city, or for the purpose of securing
rights -of -way for drains, sewers and aqueducts, and for
the purpose of widening, straightening or diverting the
channels of streams and the improvement of waterfronts,
or any other public purpose, and the city council cannot
a,gree with the owner thereof as to the price to be paid,
the city council may proceed to acquire, take or damage
the same in the manner provided by chapter 8.12 RCW
or by chapter 8.20 RCW. [1965 c 7 § 35.24.310. Prior:
1915 c 184 § 22; RRS § 9136.1
35.24.320 Employees' group insurance —False ar-
rest insurance. See RCW 35.23.460.
35.24.330 Nuisances. Every act or thing done or be-
ing within the limits of a third class city which is de-
clared by law or by ordinance to be a nuisance shall be a
nuisance and shall be so considered in all actions and
proceedings. All remedies given by law for the preven-
tion and abatement of nuisances shall apply thereto.
[1965 c 7 § 35.24.330. Prior: 1915 c 184 § 21; 1890 p
197 § 123; RRS § 9135.1
Public nuisances: Chaprer 9.66 RCW
35.24.340 Taxation Levy for current expense
fund. Every city of the third class shall maintain a cur-
rent expense fund. For each year it shall levy a tax upon
the property in the city for the payment of current ex-
penses in an amount equal to the estimate by the city
council of the current expenses for the ensuing year less
the amount of revenues from all other sources payable
into the current expense fund. [1965 c 7 § 35.24.340.
Prior: 1915 c 186 § 3; RRS § 9153.1
35.24.350 Taxation :allocation for special im-
provement or purpose. If by unanimous vote the city
council so decides, every city of the third class may use
fifty cents per thousand dollars of assessed value of its
regular levy for the purpose of creating a fund for any
special improvement or purpose authorized by law. The
resolution creating the fund must specifically designate
its purpose, and the fund so created shall not be used for
any purpose other than that designated in the resolution
creating it except by unanimous vote of the city council.
[1973 1st ex.s. c 195 § 17; 1965 c 7 § 35.24-350. Prior:
1919c167§ 2;RRS §9131.1
5everability—EffeeLive dates--Construction----1973 lst exs, c
195: see notes Following RCW 94.52,041.
35 24.360 Taxation Park fund levy. See RCW
35.23.510,
119S7 Ed.! [rifle 35 RCW—p 1071
7{1.9 4.070
Title 79 RC'W: Public Lands
11' at the expiration of sixty da`'; two or more claim-
ants asserting a preference right to lease shall have filed
applications to lease any tract, conflicting with each
other, the conflict between the claimants shall be equi-
table resolved bN the department of natural resource[s]
as the best interests of the state require in accord with
the procedures prescribed by chapter 34.04 RCA': Pro-
vided, That any contract purchaser of lands or rights
therein, which upland qualifies the owner for a prefer-
ence right under this section, shall have first priority for
such preference right. [1982 Ist ex.s. c 21 § 92.]
79.94.080 Tide and shore lands Sale of remain-
ing lands. Any tide or shore lands of the first class re-
maining unsold, and where there is no pending
application for the purchase of the same under claim of
any preference right, when otherwise permitted under
RCW 79.94.150 to be sold, shall be sold on the same
terms and in the same manner as provided for the sale of
state lands for not less than the appraised value fixed at
the time of the application to purchase, and the depart-
ment of natural resources whenever it shall deem it ad-
visable and for the best interest of the state may
reappraise such lands in the same manner as provided
for the appraisal of state lands. [1982 I st ex.s. c 21 §
93.]
7994.090 Sale of tidelands other than first class. All
tidelands, other than first c€ass, shall be offered for sale,
when otherwise permitted under RCW 79.94.150 to be
sold, and sold in the same manner as state lands, other
than capitol building lands, but for not less than five
dollars per lineal chain, measured on the United States
meander line bounding the inner shore limit of such
tidelands, and each applicant shall furnish a cope of the
United States field notes, certified to by the officer in
charge thereof, of said meander line with his application,
and shall pay one —tenth of the purchase price on the
date of sale. [1982 1st ex.s, c 21 § 94.]
79.94.100 Tidelands and shorelands of the first and
second class Petition for replat Replatting and
reappraisal Vacation by replat. Whenever all of the
owners and other persons having a vested interest in
those tidelands or shorelands embraced within any plat
of tide or shore lands of the first or second class, hereto-
fore or hereafter platted or replatted, or within any por-
tion of any such plat in which there are unsold tide or
shore lands belonging to the state, shall file a petition
with the department of natural resources accompanied
by proof of service of such petition upon the cite council,
or other governing body, of the city or town in which the
tide or shore lands described in the petition arc situated,
or upon the legislative body of the county in which such
tide or shore lands outside of any incorporated ciiy or
town are situated, asking for a replat of such tide or
shore lands, the department is authorized and empow-
ered to replat said tide or shore lands described in such
petition, and all unsold tide or shore lands situated
within such replat shall be reappraised as provided for
the original appraisal of tide OF s'nrfr: lands I'rmidcd,
That any streets or alleys embraced within such plat or
portion of plat. vacated by the replat hereby authorized
shall vest in the owner or owners of the lands abutting
thereon. [1982 1st ex.s. c 21 § 95.1
79.94.110 Tidelands and shorelands of the first and
second class --Dedication of replat All interests
must join. If in the preparation of a replat provided for
in RCW 79.94.100 by the department of natural re-
sources, it becomes desirable to appropriate any tide-
lands or shorelands heretofore sold for use as streets,
alleys, waterways, or other public places, all persons in-
terested in the title to such tidelands or shorelands de-
sired for public places shall join in the dedication of such
replat before it shall become effective. [1982 1st ex.s. c
21 § 96.]
79.94.120 Tidelands and shorelands of the first and
second class Vacation by replat Preference right
of tideland or shoreland owner. If any street, alley, wa-
terway, or other public place theretofore platted, is va-
cated by a replat as provided for in RCW 79,94.100 and
79.94.110, or any new street, alley, waterway, or other
public place is so laid out as to leave unsold tidelands or
shorelands between such new street, alley, waterway, or
other public place, and tidelands or shorelands thereto-
fore sold, the owner of the adjacent tidelands or shore -
lands theretofore sold shall have the preference right for
sixty days after the final approval of such plat to pur-
chase the unsold tidelands or shorelands so intervening
at the appraised value thereof, if otherwise permitted
under RC),V 7994.150 to be sold. [1982 1st ex,s. c 21 §
97.]
7994.130 Tidelands and shorelands of the first and
second class Vacation procedure cumulative. RCW
79.94.100 through 79.94.120 are intended to afford a
method of procedure, in addition to other methods pro-
vided in this chapter for the vacation of streets, alleys,
waterways, and other public places platted on tidelands
or shorelands of the first or second class. [1982 1st ex.s.
c 21 § 98.1
79.94.140 Tidelands and shorelands of the first and
second class Effect of replat. A replat of tidelands or
shorelands of the first or second class heretofore, or
hereafter, platted shall be in full force and effect and
shall constitute a vacation of streets, alleys, waterways,
and other public places theretofore dedicated, when
otherwise permitted by RCW 79.94.150, and the dedi-
cation of ne,�ti streets, allevs, waterways, and other public
places appearing upon such replat, when the same is re-
corded and filed as in the case of original plats. 11982
Ist ex.s. c 21 5 99.J
79.94.150 First and second class tidelands and
shorelands and waterways of state to be sold only to
public entitle, Leasim.Limitation. ( 1 I This .sec-
tion shall ,Ippito:
(;I I First tidel,inti. ,i. clef incd in R( V1' 70.90.030;
(Title-11 R('"—p IMIJ
\It U,1I K' I-AIIIII - l 'I (IV LtIlll" \110 -; n'i ci.lin i,
tbl SCCI)nki L: t!liei:l116ti :1� dc:(inC:i In 1 A
90). O3: :
(c) first class ,hl)rclands as defined in R `4
1.90,040:
ld) Second class shorclands as defined in RCW
).90.045, except as included within RCW 79.94.11(),
(e) Waterways as described in RCW 79.93.010.
(2) Notwithstanding any other provision of law, from
rid after August 9, 1971, all tidelands and shorelands
numerated in subsection (1) of this section owned by
he state of Washington shall not be sold except to pub-
ic entities as may be authorized by law and they shall
tot be given away.
(3) Tidelands and shorelands enumerated in subsec-
:ion (1) of this section may be leased for a period not to
exceed fifty—five years: Provided, That nothing in this
section shall be construed as modifying or canceling any
outstanding lease during its present term.
(4) Nothing in this section shall:
(a) Be construed to cancel an existing sale contract;
(b) Prohibit sale or exchange of beds and shorelands
where the water course has changed and the area now
has the characteristics of uplands;
(c) Prevent exchange involving state—owned tide and
shore lands. [1982 1st ex.s. c 21 § 100.]
79.94.160 Sale of state—owned tide or shore lands to
municipal corporation or state agency .authority to
execute agreements, deeds, etc. The department of natu-
ral resources may with the advice and approval of the
board of natural resources sell state—owned tide or shore
lands at the appraised market value to any municipal
corporation or agency of the state of Washington when
said land is to be used solely for municipal or state pur-
poses: Provided, That the department shall with the ad-
vice and approval of the attorney general, execute such
agreements, writings, or relinquishments and certify to
the governor such deeds as are necessary or proper to
affect such sale or exchange. [1992 1st ex.s. c 21 § 101.1
79.94.170 Construction of RCW 79.94.150 and 79-
.94.170Use and occupancy fee where unauthorized
improvements placed on publicly owned aquatic lands.
Nothing in RCW 79.94,150 and 79.94.170 shall be con-
strued to prevent the assertion of public ownership rights
in any publicly owned aquatic lands, or the leasing of
such aquatic lands when such leasing is not contrary to
the state --wide public interest.
The department of natural resources may require the
payment of a use and occupancy fee in lieu of a lease
where improvements have been placed without authori-
zation on publicly owned aquatic lands. (1982 1st ex.s. c
21 § 102.1
79.94.210 Second class shorelands on navigable
lakes �Sale. (1) The legislature finds that maintain-
ing public lands in public ownership is often in the pub-
lic interest. However, when second class shorelands on
navigable lakes have minimal public value, the sale o
those shorelands to the abutting upland owner may no
be contrary to the public interest: Provided, That th
purl}1�� d ::I4, .C�:l�:'i iu-C:.1,0":
IZ
.;iC '.illt7lli.'!1
talllCtl lIl
class �iusrciarld, to .linittut! n�nrr `.�110W upi,tluls Irn)M
on the ,rll,rl i:4nli;. ti+,ttlin'z )ntainC i in this ,l:cttiun
shall he construed L4) 001,,r`AIi,o a(titi 01C right} 4 inter-
Cstcd psrtits rCi,ttin+ to public or priV;ILc: ownership of
ShorCl,tnds '.viLhin the AMC.
l3) NW%Ithstanding the provisions of RC`V 79.9-t-
.150, the department of natural resources may sell scc-
and class shorclands on navigable lakes to abuttiniz
owners whose uplands front upon the shorelands m cases
where the board of natural resources has determined
that these sales would not be contrary to the public in-
terest. These shorelands shall be sold at fair market
value, but not less than five percent of the fair market
value of the abutting upland, less 'improvements, to a
maximum depth of one hundred and fifty feet landward
from the line of ordinary high water.
(3) Review of the decision of the department regard-
ing the sale price established for a shoreland to be sold
pursuant to this section may be obtained by the upland
owner by Filing a petition with the board of tax appeals
created in accordance with chapter 82.03 RCW within
thirty days of the date the department notified the owner
regarding the price. The board of tax appeals shall re-
view such cases in a "contested case" proceeding as de-
scribed in chapter 34.04 RCW, and the board's review
shall be de novo. Decisions of the board of tax appeals
regarding fair market values determined pursuant to this
section shall be final unless appealed to the superior
court pursuant to RCW 3-1.04.130. {1982 lst ex.s. c 21 §
106.1
79.94.220 Second class shorelands Boundary of
shorelands when water lowered Certain shorelands
granted to city of Seattle. In every case where the state
of \Vashinaton had prior to June 13, 1913, sold to any
purchaser from the state any second class shorelands
bordering upon navigable waters of this state by de-
scription wherein the water boundary of the shorelands
so purchased is not defined, such water boundary shall
be the line of ordinary navigation in such water; and
whenever such waters have been or shall hereafter be
lowered by any action done or authorized either by the
state of Washington or the United States, such water
boundary shall thereafter be the line of ordinary naviga-
tion as the same shall be found in such waters after such
lowering, and there is hereby granted and confirmed to
every such purchaser, his heirs and assigns, all such
lands: Provided however, That RCW 79.94.220 and 79-
.94 230 shall not apply to such portions of such second
class shorelands which shall, as provided by RCW 79-
.94.230, be selected by the department of natural re-
sources for harbor areas, slips, docks, wharves,
warehouses, streets, avenues, parkways and boulevards,
alleys, or other public purposes: Provided tbrther, That
all shorelands and the bed or Lake Washington from the
southerly margin of the plat of Lake Washington shore -
lands southerly along the westerly shore of said lake to a
t line three hundred feet south of and parallel with the
e cast and west center line of section 35, township 24 •;
It
o+ (1987 Ed.) (Tide 79 RCW---p 1011
C
�> > /. /j
PUBLIC WORKS DEPARTMENT
CITY OF PORT ORCHARD
2 November 1989
�
4 May 1987
TO: Public Property Committee
FM: City Engine
q---- -
-
RE: The City Station Wagon
As you are aware, the City owns a station wagon. The purpose of
this car is to provide transportation for the Treasurer and
any other person who is travelling on City business.
The problem is that the car is significantly under utilized' As
best as I can determine` the major reason that no one uses Lhe
station wagon is its size. The car is too big for most people.
Rather than drive this car, ladies in the Clerk's and Treasurer's
office will drive thiar own cars at their expense. The firemen
used to use it, out it appears that they will take a command car
if it is available. l had Libby use it for Community Smrvice, buL
now he has a pick up truck. He only uses We station wagon in
case of rain.
The car is a minimum expense to the City at this time. The major
expense is insurance' However, if the City is over gcing to sel1
the ca'- this is the time to do it The memories of the oil
, . -
crisis is fading although another oil crisis is predicted. Today,
people like big cars and they would probably like the station
wagon. If the cost of gaso1ina increases significantly, then
their affection for the uig car will dzsoolve rapidly.
The station wagon is not a priority item. However, the Committee
is requested to consioer the utilization of this vehiNe and the
possiule sale of ic.
cc Clerk~/~�
Mayor
PARKS, P•UILPINGS AND CITY PPOPEPTY COMMITTEE
February 4, 1982
- 3F
>a
Present: Councilman Gros,o, Councilman ',Nilson; Forester Ken Stephens,
and logger ,ferry Min.r_hel. City Engineer Coates also attended.
F
Principal item of rliscu5sion was what to do with the timbered portion c
of the part of the 80-acre tract owned by the city west of Highway 35 z
along Clifton Road. r
Mischei said that he i= familiar with the tract and said it contains
quite a bit of merchantible timber, as well as some which should be
thinned to permit optimum growth of the stnnd.;
Stephens, who 1c an instructor at Kitsap Peninsula Vocational Skills
Center and a former forester for the City of Bremerton, indicated that
examination of the tract might be undertaken by his :students as a
spring project at little or no cost to the city. While the evaluation
of the timber stand might not be as precise as that done by a professional
timber cruiser, he felt that the results would give the city meaningful
data to help deciding how the tract should be managed.
Wilson said he would provide Stephens with detailed aerial photos of
the tract to assist in planning the project.
It was felt by the committee members present that this would give the
city a great deal of information not now available regarding the types,
quantity and quality of timber on the tract. Also, it would give the
students a worthwhile study project.
It is urged, therefore, that discussions, with Stephens be continued to
bring this project to a successful completion.
Duringg the meeting, Mischel and Stephens discussed with the committee
general logging practices, vorious ways timber is sold, pitfalls the
seller should avoid, examples of forestry management, etc.
Curles reported that the following parks projects have been reported
to the CETA selection committee as possible projects for CETA garticipationl
improve playg,ound equipment at Central and Given; piayfields; 'install
two baseball backstop=. at Van Zee Park (total cost about $2,0001; complete
horseshoe courts, fire pits and gravel the trails at Van Zee Park;
complete the tennis court, at Van Zee Park (court base and fencing by
contract, surfacing by city personnel); install a concrete slab and picnic
tables at the Kendall Street Water Towers site; build a pedestrian bridge
acrons Blackjack Creek to save the traffic on the c.ity's water main cro W ng
of the creek (this is east of Kendall Street); develop a baseball field
on city property on Pottery Hill and development of the waterfront park
at westbay.
r