The owners of an interest in any real estate abutting on any street or alley who may desire to vacate any street or alley, or any part thereof, shall petition to the City Council to make vacation in the manner hereafter provided in this chapter and pursuant to Chapter 35.79 RCW, or the City Council may itself initiate by resolution such vacation procedure. The City Council shall require the petitioners to compensate the City in an amount which equals one-half of the appraised value of the area vacated; provided that if the street or alley has been a public right-of-way for 25 years or more, the City shall be compensated in an amount equal to the full appraised value of the area vacated; provided that when the vacation is initiated by the City or the City Council deems it to be in the best interest of the City, all or any portion of such compensation may be waived. Except as provided below, one-half of the revenue received hereunder shall be devoted to the acquisition, improvement, and maintenance of public open space land and one-half may be devoted to transportation projects and the management and maintenance of other City owned lands and unimproved rights-of-way.
In the case of vacations of rights-of-way in the tide flats area, defined as easterly of the Thea Foss Waterway (inclusive of the Murray Morgan Bridge), northerly of State Route 509 and westerly of Marine View Drive, the total of the revenue received hereunder shall be devoted to transportation projects in the tide flats area.
(Ord. 20444 § 1, 1975-06-10; Ord. 26386 § 26, 1999-03-23; Ord. 27175 § 1, 2003-12-16)
A. 
The petition and information forms shall be furnished by the Public Works Department, together with written instructions concerning the street vacation procedure. The petitioner shall fill out and complete the petition and any information forms, including the environmental checklist, and shall present it to the Public Works Department for approval as to form and content prior to payment to said department of a filing fee of $500.
The purpose of this fee is to partially defray the normal administrative, engineering, and legal expenses in processing the petition for vacation. The Public Works Department, upon receipt of the filing fee, shall endorse upon said petition a receipt of payment of the filing fee, and, in addition, furnish the separate written receipt showing said payment.
(Ord. 20444 § 1, 1975-06-10; Ord. 27175 § 2, 2003-12-16; Ord. 27466 § 27, 2006-01-17)
Upon receipt of each petition for processing as provided above, the Public Works Department shall prepare all necessary maps, check and certify the description of all properties involved, and make further investigation as may be necessary. The Public Works Department thereafter shall solicit, coordinate, and assemble the comments and recommendations of other City departments, including the Department of Public Utilities, Light and Water Divisions; and agencies having interest in the subject vacation, and shall prepare a report summarizing the Public Works Department’s findings and recommendations. The Public Works Department shall file said report, together with any other pertinent information regarding the street vacation request, with the Hearing Examiner at least seven days prior to the public hearing, which public hearing date shall be assigned by the Public Works Department and shall be in accordance with Section 9.22.050 hereof. Copies of said report shall also be mailed to the petitioner at least seven days prior to the hearing and shall be made available to any interested party at the cost of reproduction.
(Ord. 20444 § 1, 1975-06-10; Ord. 26386 § 27, 1999-03-23; Ord. 27175 § 3, 2003-12-16; Ord. 27466 § 28, 2006-01-17)
Vacation of any portion or portions of a street that is designated as an arterial under Section 11.05.490 of the Municipal Code shall be of a minor nature only and shall not unreasonably limit the public’s right to travel upon said street or interfere with the ancillary right to occupy said street for utility purposes.
(Ord. 22815 § 1, 1982-11-23; Ord. 27175 § 4, 2003-12-16)
Upon a date for public hearing being assigned, the Public Works Department shall file the street vacation petition with the City Clerk, who shall cause notice of public hearing to be posted in accordance with Section 9.22.060 hereof, and shall also request a resolution for submission to the City Council. Such resolution shall fix the time when the petition shall be heard by the Hearing Examiner.
(Ord. 20444 § 1, 1975-06-10; Ord. 27175 § 5, 2003-12-16; Ord. 27466 § 29, 2006-01-17)
The Public Works Department shall cause a 30-day notice to be given of the pendency of the petition by a written notice posted in three of the most public places in the City, a like notice in a conspicuous place on the street or alley sought to be vacated, a like notice in a newspaper of general circulation in the City, and a like notice to the legal property owners of all property abutting the right-of-way requested for vacation as enumerated on the applicant’s vacation petition, and to any other interested parties of record. In addition to posting notices of the hearing, the Public Works Department shall mail a copy of the notice to all owners and occupants of the property which lies within 300 feet of the street or alley to be vacated. The said notice shall contain the statement that a petition has been filed to vacate the street or alley described 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 the City Council 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, notices shall be sent as provided above. Failure to send notice by mail to any such property owner where the current address for such property owner is not a matter of public record shall not invalidate any proceedings in connection with the proposed street vacation.
(Ord. 20444 § 1, 1975-06-10; Ord. 21771 § 1, 1979-07-17; Ord. 22400 § 1, 1981-06-02; Ord. 23262 § 1, 1984-09-25; Ord. 27175 § 6, 2003-12-16; Ord. 27466 § 30, 2006-01-17)
A. 
The City Council hereby delegates the duty of conducting public hearings on street vacation petitions to the Hearing Examiner. Upon receipt of the completed petition for a street vacation and subsequent to the 30-day notice of public hearing pursuant to Section 9.22.060 hereof, the Hearing Examiner shall hold a full public hearing, take testimony, receive exhibits, and render a recommendation to the City Council upon such application, pursuant to the provisions of Chapter 1.23 of the Tacoma Municipal Code herein. The Hearing Examiner shall consider, among other things, the following criteria:
1. 
That the vacation will provide a public benefit and/or will be for a public purpose.
2. 
That the right-of-way vacation shall not adversely affect the street pattern or circulation of the immediate area or the community as a whole.
3. 
That the public need shall not be adversely affected.
4. 
That the right-of-way is not contemplated or needed for future public use.
5. 
That no abutting owner becomes landlocked or his access will not be substantially impaired; i.e., there must be an alternative mode of ingress and egress, even if less convenient.
6. 
That vacation of right-of-way shall not be in violation of RCW 35.79.035.
B. 
At the conclusion of the public hearing, the Hearing Examiner shall make available the verbatim electronic recording of the full hearing, together with the exhibits and his or her findings and conclusions, to the City Council for final action.
(Ord. 20444 § 1, 1975-06-10; Ord. 24294 § 1, 1989-01-31; Ord. 27175 § 7, 2003-12-16)
At the time appointed for consideration of the petition, which time shall not be more than 60 days after the passage of the resolution pursuant to Section 9.22.050 hereof or at such time as the matter may be adjourned to by the City Council, the same shall be considered, and if the City Council determines to grant said petition, or any part thereof, the City Council shall authorize by ordinance the vacation of such street or alley or any part thereof. Such ordinance may provide for the retention by the City of all easements or rights in respect to the vacated land for the construction or repair and maintenance of public utilities and services; provided that the City Council may, if no vested rights are impaired, modified, or changed, omit or add provisions or stipulations as conditions to the granting of petitions for vacation. When the City Council deems it to be in the best interest of the City, it may authorize refund of all or any part of the filing fee; provided that all conditions with respect to such vacations, as are determined by the City Attorney, shall be fulfilled prior to the time the ordinance vacating the street or alley is introduced for final reading. Upon final passage of the street vacation ordinance, copies shall be distributed by the City Clerk to all the City departments having an interest in the ordinance.
(Ord. 20444 § 1, 1975-06-10; Ord. 27175 § 8, 2003-12-16)
In all instances where compensation for the vacated right-of-way is herein provided, an appraisal of the right-of-way proposed for vacation shall be made. The City Attorney shall determine whether a fee appraiser shall be employed or whether qualified City staff personnel shall make such appraisal. When the appraisal is made by City staff personnel, a reasonable hourly rate shall be charged.
In those instances where compensation shall be payable, the petitioner shall, upon notice, remit the appraisal cost to the City Treasurer.
Upon securing the appraisal of the street or alley area to be vacated, the Public Works Department shall notify the petitioner or petitioners of the amount to be paid, and said amount shall be deposited with the City Treasurer within 90 days of said notice. Upon written notice to the Public Works Department that such deposit with the City Treasurer has been made or provided for, and all other conditions of the vacation have been met or provided for, the City Attorney shall prepare the vacation ordinance for presentation to the City Council for final reading. The vacation proceedings shall be abandoned in the event the petitioner or petitioners fail to make any of the payments for appraisal fees or compensation within the time limits as herein provided, or, if any other condition is not met within 90 days of said notice, unless good cause is shown for such delay. For good cause, a delay not to exceed 180 days may be granted. In the event that all conditions are not made within such 180-day extension, the vacation proceedings shall be abandoned.
(Ord. 20444 § 1, 1975-06-10; Ord. 20803 § 1, 1976-07-13; Ord. 27175 § 9, 2003-12-16; Ord. 27466 § 31, 2006-01-17)
In the event City Council approval on the petition for the requested vacation should not be granted, or such vacation proceedings should be abandoned by the petitioner, the petitioner shall be relieved from the obligation to fulfill conditions with respect thereto. In any event, the filing fee paid by the petitioner shall be retained by the City except as provided in Section 9.22.080 hereof. The Public Works Department shall notify the interested City departments if vacation proceedings are abandoned by the petitioner prior to City Council consideration of said petition. If the vacation is disapproved by the City Council or abandoned by the petitioner after Council consideration, such notification shall be given by the City Clerk.
(Ord. 20444 § 1, 1975-06-10; Ord. 27175 § 10, 2003-12-16; Ord. 27466 § 32, 2006-01-17)