Ordinance No. 18-13 CITY OF TIGARD, OREGON
TIGARD CITY COUNCIL
ORDINANCE NO. 18-/3
AN ORDINANCE AMENDING CHAPTER 15.08 OF THE TIGARD MUNICIPAL
CODE TO CONFORM THE STREET VACATION PROCESS TO STATE LAW
WHEREAS, Chapter 15.08 of the Tigard Municipal Code establishes the City's street vacation
procedures; and
WHEREAS, the existing Code provisions are confusing, more extensive than required by state
law, and contain incorrect cross references;and
WHEREAS, the City wishes to streamline the vacation process to conform to the process required
by state law.
NOW,THEREFORE,THE CITY OF TIGARD ORDAINS AS FOLLOWS:
SECTION 1: Tigard City Council amends Chapter 15.08 of the Tigard Municipal Code as
shown in the attached Exhibit "A" (additional language is shown in underline
and deleted text is shown in strikethrough).
SECTION 2: This ordinance shall be effective 30 days after its passage by the Council,
signature by the Mayor,and posting by the City Recorder.
PASSED: By z/nd 1Z/r77024.- vote of all Council members .resent after being read by
number and title only, this /C��. day of , 2018.
Carol Krager,City Recorder
APPROVED: By Tigard City Council this Will da • ___ ,2018.
Jas+ . 'nider, Council President
Approved as to form:
City Att y
ORDINANCE No. 18- /3
Page 1
Exhibit A
TIGARD MUNICIPAL CODE
Chapter 15.08 STREET VACATIONS. 15.08.020 Scope--Statutory Procedures
Applicable.
Sections: (a) This chapter shall apply to the
vacation of all or part of any street, avenue,
15.08.010 Purpose. boulevard, alley,plat,public square or other
15.08.020 Scope--Statutory Procedures public place. (Ord. 85-01 §1(Exhibit A(part)),
Applicable. 1985).
15.08.030 Action—Recordationr—
Effective Tate• (b) Whenever deemed in the public
•! :•!' ! ' • interest,the City may vacate a public place as
provided by ORS 271.080,et seq.
.08.030 Action Recordotien--
Effectiye note.
Vacation Petition Notice To
Interested Partes. the Council.
. . . . , .
(b) No vacation shall be effective until the
Documents: ordinance vacating the property is recorded by
.! :.! : ! ' • ' '. • ' • : •• • •• • • - : : the Recorder with the County Clerk,assessor
Review; and surveyor.
.! :. ! ! ' • . .• • ;• ; •• . ' . •• . (c) No vacation shall be recorded until:
, • • . , •
(1) All fees have been paid as
15.08.120 Notice. provided by Section 15.08.160 of this chapter;
(2) All required legal instruments
have been signed and the Recorder finds that all
documents; „a
Exception; (3) The petitioners have complied
! • ! . e • • • .- _
Liens. except as provided by Section 15.08.110(c)of
.! .. . ! •• ' • . •• • • • • this chapter. (Ord. 85 01 §1(Exhibit A(part)),
Maintenance Of Records. 19
Title T.. Vacated A 1 ' ! ! • .
Rededication.
(a) A vacation may be initiated in two
15.08.010 Purpose. ways:
The purpose of this chapter is to (1) Any interested person(s)may
establish procedures for the vacation of a street, file a petition requesting a vacation in the
way, alley,plat,public square or other public manner provided by this chapter;or
places. (Ord. 85-01 §1(Exhibit A(part)), 1985).
15-08-1
Exhibit A
TIGARD MUNICIPAL CODE
(2) The Council may make a (1) Explaining the costs associated
vacation without a petition or consent from the with a vacation; and
affected property owners provided:
(5) Advising on the feasibility of the
(A) Notice is given as proposal. (Ord. 85 01 §1(Exhibit A(part)),
provided by section 15.08.120 of this chapter; -1-9.83-)7
(B) The owners of the '
V..eation Petition Notice To
majority of the area affected computed on the Interested Parties
basis of ORS 271.080 have not objected in
writing; and (a) Following the prepetition conference
and determination of the area to be vacated,the
(C) All abutting property interested person or persons shall file a notice of
owners have consented to the vacation except intent to file a vacation petition with the
the City may proceed with the vacation without Recorder.
the consent of the owners provided the City pays
damages in situations where the vacation (b) The notice of intent shall be
substantially affects the market value of the accompanied by a fee deposit as provided by
Prit3eft-y Section 15.08.160 of this chapter, and it shall be
accompanied by a copy of the assessor's map
(b) In the event that City owned property showing the area to be vacated.
abuts an area proposed for vacation,the City
Manager shall have the authority to give consent (c) The Recorder shall give the notice of
or withhold consent for purposes of initiating the intent to vacate to all utility providers,the
petition. (Ord. 03 08, OOrd. 85 01 §1(Exhibit county, and other interested parties of the intent
A(part)), 1985). to file a vacation petition and shall request all
utility providers and interested persons to
•• ••• •• • • ; ' provide a written response within thirty days
regarding any interest they have in the arm to be
Petition-Form. vacated which must be protected and the means
by which it should be protected. (Ord. 85 01
(a) Persons interested in submitting a §1(Exhibit A(part)), 1985).
vacation petition shall make application to the
City Recorder for a prepetition conference and •• ;•• • • ;
shall meet with the Recorder, Planning Director
and Public Works Director in a prepetition Documents.
conference.
(a) At such time as each utility provider
(b) The prepetition conference shall be for and interested party has responded to the notice
the purpose of: vacation; of intent,the City Recorder shall request the
Public Works Director to:
(1) Determining the specific area to
be vacated; (1) Identify on a county tax map the
specific area to be vacated and the real property
(2) Explaining the procedures for a affected by the proposed vacation as provided by
vacation; ORS 271.080(2);
(3) Explaining the approval criteria; (2) Identify all legal documents
15-08-2
Exhibit A
TIGARD MUNICIPAL CODE
..', . . - by the Director of Public Works which is signed
granting the vacation such as utility and access by all required persons; and
ascments;
{1) A certificate showing that all
{3) Provide an estimate of costs as City liens and all taxes have been paid on the
provided by Section 15.08.160 of this chapter; land covered by the petition in the case of a
vacation of a plat or a portion thereof;
(1) Provide a legal description for
the area to be vacated unless the Director of (5) A report from a title company
Public Works finds it should be done by other indicating the name and address of all persons
than City personnel; - _ ••• _ • -
affected property.
(5) Any conditions of approval
(c) The petition shall:
at this point in the process; and
(1) Set forth a description of the
{6) Provide information as to where ground proposed to be vacated;
to locate a list of the names of owners and
. .. • (2) State the purpose for which the
which will be affected by the vacation as ground is propesed to be used;
provided by ORS 271.080(2).
{3) State the r ason for the
(b) The Recorder shall mail the petition vacation; and
form, and information compiled by the Director
of Public Works, as a part of Section 15.08.070 (1) Contain the notarized signatures
(A) of this chapter to the interested person required by ORS 271.080 (2). (Ord. 85 01
identified at the prepetition conference to §1(Exhibit A(part)), 1985).
coordinate the vacation process. (Ord. 85 01
§1(Exhibit A(part)), 1985). 15 08.090 n�_ed Rep is
avv-v�—=ca, TNTC vz cam.
•• ;,! ;
Exhibit A
TIGARD MUNICIPAL CODE
(b) Public Works Director Report. comprehensive plan and shall be for approval,
(1) The Public Works Director shall
prepare a report which includes a (c) The Planning Commission
conditions or deny the petition which shall be submitted to the Council by the Planning
submitted to the Council as provided by Section Director as part of the public hearing record as
15.08.130 of this chapter. provided by Section 15.08.130(b) of this
chapter. (Ord. 85 01 §1(Exhibit A(part)), 1985).
(2) The recommendation shall be
based on findings of: .! •• ! • • • - • - • • • • .
Concurrent Ho
(A) The effect on:
(i) Traffic, completed petition,the Recorder shall place on
pedestrian and bicycle circulation; -- -• • ' •.• ' . • - ''
(ii) The provision recorded shall give notice to at lest one of the
of fire and police service as related to increasing petitioners of the meeting at which the Council
response time; will consider setting the hearing date.
(iii) Drainage; (b) The Council may deny the petition
after notice to the petitioners of each proposed
(iv) The provision action,but if there appears to be no reason why
of utilities; ` •' - _
(B) Compliance with the hearing upon the petition.
(c) Two or more streets, alleys,avenues,
(C) Compliance with the, boulevards or parts thereof, may be joined in one
•• - - • proceeding provided they intersect or adjoin to
(1) The recommended conditions of '
-- - . , . - - -- .. . • •- - - . e . : 15.08.120 Notice.
01 §1(Exhibit A(part)), 1985).
(a) Notice of the public hearing shall be
! :. ! ! ' . . . • . .. .. • . ' . •• . given as follows:
The Planning Director shall submit the report (1) The Recorder shall give notice
•• . . . -- •- .0:.0• • of the petition and hearing by publishing a
•• - - • - ' ' " -• - notice in the City official newspaper once each
Planning Commission to the Council.
hearing.
and the Commission shall act by resolutien (2) The Recorder shall cause notice
to be posted at or near each end of the proposed
(b) The recommendation by the Planning vacation and in at least two conspicuous places
- • -- •• - in the proposed vacation areas within five days
compliance or noncompliance with the
15-08-4
Exhibit A
TIGARD MUNICIPAL CODE
after the first day of publication. a portion thereof.
(b) The posting and first day of (b) The Council findings shall be based
publication of the notice shall not be less than err
fourteen days before the hearing.
(1) The petition;
(c) The notice shall contain the following:
(2) The public testimony;
(1) A heading entitled "Notice of
Vacation," and the blank shall indicate what is (3) The recommendation of the
proposed to be vacated; Planning Commission;
(2) A description of the area to be (1) The report of the Public Works
vacated by the petition; Director;
(3) The date the petition was filed; (5) The letters submitted by utility
providers and interested parties; and
(1) The name of at least one
petitioner; (6) A report by the City Engineer
regarding the payment of taxes, liens, and fees.
(5) The date by which any objection
or remonstrance shall be filed in writing with the (c) The conditions of approval may
Recorder. (Ord. 92 05 §1(Exhibit A), 1992; Ord. pertain
85 01 §1(Exhibit A(part)), 1985).
(1) The maintenance and use of
.! :. ! . • • • • • . . underground public utilities or service facilities
in the vacated portion;
(2) Limitations on the use of the
(a) The Council shall hold the public area above and adjacent to underground utilities
or service facilities;
conditions or deny the petition in whole or in
part by ordinance based on findings that: (3) Moving at petitioner's expense
the utilities or services either below,on,or
(1) The consent of the owners of above the surface;
the requisite area have been obtained or the
provisions of Section 15.08.010(2)of this (1) Construction, extension
chapter have been satisfied; or
relocation of sidewalks and curbs;
(2) Proper notice has been given as
required by Section 15.08.120 of this chapter; (5) Grading or pavement
extensions;
(3) The public interest will not be
prejudiced by the vacation; and (6) Dedication for street use of
other area in lieu of the area to be vacated;
(1) A certificate showing that all
City liens and all taxes have been paid on the (7) The posting of a performance
land covered by the petition has been filed with bond to assure that all work shall be completed;
the Recorder in the case of a vacation of a plat or and
15-08-5
Exhibit A
TIGARD MUNICIPAL CODE
(8) Any other matter relating to the covenants which are recorded with the county.
vacation which is necessary to protect the public
or adjoining property owners or to carry out the (2) The petitioner shall make a
comprehensive plan. (Ord. 85 01 §1(Exhibit formal request to the Recorder for an exception.
A(part)), 1985). The Recorder shall advise the Council at the
public hearing of the request, and the Council
.! :. ! . . • • e . . . •. . shall act upon the request as a part of the
approval process. (Ord. 85 01 §1(Exhibit
A(part)), 1985).
(a) Acceptance of Conditions Required. Liens.
(1) The petitioners shall file with No ordinance for the vacation of all or
the Recorder a document which has been part of a plat shall be passed by the Council until
approved by the City Attorney which accepts the the petitioner has filed with the Recorder a
terms and conditions of the approval except it certificate showing that all City liens and all
shall not be required in the event that the taxes have been paid on the lands covered by the
conditions have been satisfied by the conclusion plat or portion thereof to be vacated. (Ord. 85 01
of the hearing. §1(Exhibit A(part)), 1985).
(b) Satisfaction of Conditions Required. 15.08.160 Fees Recording Costs And
(1) All conditions of approval shall
be satisfied prior to the recording of the (a) The petitioners shall be responsible
ordinance approving a petition for a vacation for all costs associated with the vacation. The
unless an exception is granted by the Council costs shall include advertising costs, legal fees,
under the provisions of Section 15.08.110 of this employee total compensation costs,processing
chapter. costs, and costs of recording and preparation of
the certified ordinance and map.No application
(c) Exception. shall be accepted unless it is accompanied by a
signed fee agreement.
(1) The Council may grant an
exception to the requirement that all conditions (b) The notice of intent to vacate shall be
of approval be satisfied prior to the recording of accompanied by a deposit as required by the
the ordinance if it finds that the vacation petition adopted fee schedule to cover the cost of giving
notice as required by Section 15.08.060(D)and
conditions that: of this chapter and the preparation of the
information required by Section 15.08.070 of
(A) The petitioner posts a this chapter. The City shall not accept a petition
perfopmance bond in the amount of the project to vacate until all costs incurred by the City at
cost as estimated by the Public Works Director; this stage of the process are paid.
(c) The petition shall be accompanied by
(B) It is agreed in writing a deposit in the amount estimated by the
that the work will be completed within one year; Director of Public Works to cover all subsequent
costs for work required by this chapter. In no
(C) The petitioner grants to case shall the deposit required be less than the
the City a right of access to the property a right amount required by the adopted fee schedule.
to complete the improvement in the form of
15-08-6
Exhibit A
TIGARD MUNICIPAL CODE
(d) The City shall maintain an accounting (Ord. 85 01 §1(Exhibit A(part)), 1985).
of the actual costs and each petition shall be
accompanied by a time recording sheet and: .! :.
Rededieatieth
(1) Each employee engaged in work
on the petition shall record their time on the time No street shall bc vacated upon the
sheet and shall record the activity on which the petition of any person when it is proposed to
time was spent; replat or rededicate all or any street in lieu of the
original unless the provisions of ORS 271.160
(2) The Recorder shall maintain a are satisfied. (Ord. 85 01 §1(Exhibit A(paFt)),
record of all expenses associated with the i n
petition.
(e) Copies of all records shall be available
for inspection.
(f) All costs shall be paid prior to the
recording of the ordinance and any excess funds
shall be refunded to petitioners as provided by
the deposit agreement. (Ord. 85 01 §1(Exhibit
A(part)), 1985).
I . . ' • . . . •. . ! ! .•. . . ••
Title T.. Vacated A
(a) Recordation of Ordinance.
(1) The vacation shall become
effective upon the recordation of a certified copy
of the ordinance by the City Recorder, a
County Clerk, county assessor and county
surveyor.
(b) Title to Vacated Areas.
(1) The title to a street or other
public area except a public square shall attach to
portions except that where the area has been
originally dedicated by different persons and the
fee title to such area has not been otherwise
disposed of, original boundary lines shall bc
adhered to and the street area which lies on each
side of the boundary line shall attach to the
abutting property on such side.
(2) In the event a public square is
vacated,the title thereto shall vest in the City.
15-08-7