HomeMy WebLinkAbout2164 Set Vacation Fees ORDINANCE NO.~_~/
AN ORDINANCE ADDING A NEW CHAPTER 4.18
TO THE ASHLAND MUNICIPAL CODE ESTABLISH-
ING FILING FEES FOR VACATION OF PUBLIC
RIGHTS-OF-WAY AND PLACES.
THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS:
SECTION 1. A new Chapter 4.18 is hereby added to the Ashland
Municipa~-~ode and shall read as follows:
"Chapter 4.18
FILING FEES FOR VACATION OF PUBLIC PROPERTY
Sections:
4.18.010 Purpose
4.18.020 Application
4..18.030 Review by Planning Commission
4.18.040 Public Hearing
4.18.050 Action by Council
4.18.010 P~r?ose. The purpose of this Chapter is to estab-
iish' the procedure for processing requests for the vacation
of public rights-of-way and places, and to require petition-
ers for vacation to deposit with the City Recorder, a fee
sufficient to cover the cost of publication, posting and other
anticipated expenses as authorized by ORS 271.080 et seq.
4.18.020 Application. Any person interested in filing a petition
'fo~''the vacation 'o'f all or part of any street, alley, public
easement or other public place, shall submit such petition in
the form prescribed by the City Engineer pursuant to ORS 271.080,
and upon filing of the petition shall deposit with the City
Recorder, a filing fee of $250.00.
4.18.030 Review by Planning Commission. Upon receipt of the
petition, the same shall be referred to the City Engineer for
a determination of whether it contains the requested number
of sworn signatures. The City Engineer shall return any
petition not meeting the requirements of ORS 271.080 together
with the filing fee to the petitioner. If the City Engineer
determines that the petition is sufficient he shall refer the
same to the City Planning Commission for their review and
recommendation to the City Council. The Planning Commission
shall submit its report to the City Council within sixty (60)
days of receipt. Upon receipt of the report by the Commission,
or if no report is received from the commission upon the expira-
tion of sixty (60) days, the City Administrator shall set the
matter for public hearing as set forth in ORS 271.100 et seq.
-1-
~4.18.040 Publig Hearings. Public hearings shall be held 'as
set forth in ORS 271.120 at which time the petitioners and
all affected parties shall be afforded an opportunity to
present their views either orally or in writing. The report
of the Planning Commission, if any, shall be made a part of
the record.
4.18.050 Action by Council. The City Council after due con-
~ideration of testimony by affected parties, and the report
of the Planning Commission, may approve, reject, or modify the
area proposed for vacation which in its sole judgment is deemed
in the public interest.
SECTION 2. Resolution No. 70-71 is hereby repealed.
The foregoing'ordinance was first read on the 15th day of
December , 1981, and duly PASSED and ADOPTED this~5~g~-- day of
~ ~t~z~-~ _ , 1982.
Nan E. Franklin
City Recorder
SIGNED and APPROVED this 7~C' day of ~.~.f~~ , t9~.
L Gordon Medaris
Mayor
RESOLUT ION
A ~esolution relative to establishing a policy for
street a~d alley vacations and fixing a filing fee
to be charged therefor.
WHEREAS, in conjunction with the process of acting upon
petitions requesting the closure of streets and alleys, certain
extraordina.ry costs are incurx'ed by the City of Ashland; and
WItEREAS, the closure of a street or alley results in the
/street or
reversion of the 'real property comprising said-alley to the abutting
property owners; and
WttEREAS, a rea! benefi~ is derived by 'the abutting
owners, and that the actual costs of processing a petition for st~:'eet
or alley closure should be borne by those who principally benefit
and not the general taxpayer; and'
" WHEREAS, the costs of processing a s~reet or all~y closure
petition consist of publication of legal notices, Recorder's
labor cost, Engineering staff time, City Attorney's office costs
~nd recording fees.
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CO3g'ION COUNCIL'
OF TltE CITY OF ASHLAND'
i. The Common Council hereby fixes the filing fee for a
request for street or alley closuwe at $75.00, which
fee is the approximate cost of processing said request
and is non-refundable.
2.The City Recorder is hereby directed to require said
filing fee to be submitted with the petition.
3. The petition shall be filed in accordance with O.R.S.
271.080, and shall contain all information required by
said statute.
The foregoing resolution was duly passed under a suspension of
the rules at a regular meeting of the Common Council held on the
/~.~" day of ._D-~C__/'_, 1970, the vote being as follows'
Nays L9
Approved · ../