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Home My WebLink AboutORD 4050 . � , ' , � � � � � Amends Ordinance No. 3810 Amended by Ordinance No. �4087 �� CITY OF RENTON, WASHINGTON ORDINANCE NO. 4050 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, AMENDING A PORTION OF CHAPTER 12 OF TITLE IX (PUBLIC WAYS AND PROPERTY) OF ORDINANCE NO. 1628 ENTITLED "CODE OF GENERAL ORDINANCES OF THE CITY OF RENTON" RELATING TO EXCESS RIGHT-OF-WAY USE THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I: Existing Section 9-1203 of Title IX (Public Ways and Property) of Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton" is hereby amended to read as follows: Section 9-1203 , as amended: STANDARDS OF REVIEW: A. Prior to the issuance of any revocable permit, the Board of Public Works shall find and determine that the City has no foreseeable use or need for such excess or unused public right of way for the period of time of the permit. B. If the subject right of way will not be necessary for future public use, then the applicant should be encouraged to apply for a vacation of the right of way. The application for use of right of way shall be tabled until the applicant refuses to apply for vacation or the vacation is denied by the City Council. If the vacation is granted, the application for use sh�.11 be dismissed. C. The Board shall further have the right to impose such conditions or terms as may appear reasonable under the circumstances in order to protect the public safety, welfare, general appearance -1- ORDINANCE N0. 4050 � and aesthetics of the subject area. The Board of Public Works shall likewise have the authority to deny the permit should it find that it is not in the public interest and will not further the public safety, welfare, general appearance and aesthetics of the subject area. SECTION II: Existing Section 9-1204 of Title IX (Public Ways and Property) of Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton" is hereby amended to read as follows: Section 9-1204 , as amended: FEE DETERMINED: When an application is approved, the Board shall determine a non-refundable fee as established by ordinance for the temporary use of the right- of-way. The fee shall be determined as follows : A. For single family or two family residential uses, the fee shall be $10 .00 annually. B. For other uses where there is no public benefit, the fee shall be equivalent to one-half of one percent (0 .5o) per month of the value of the land to be utiliized, payable yearly in advance . Right-of-way value shall be based on the assessed value of the land adjoining the property as established by King County Assessor. C. For all uses where there is a public benefit, the fee shall be equivalent to one-half of one percent (0 . 50) per year of the assessed value of the land adjoining the property but in no case less than $10 . 00 , payable yearly in advance . D. A no fee permit may be issued only when the applicant is a public agency and when the proposed use of the right-of-way -2- ORDINANCE N0. 4050 ' ' consists of the provision of a direct service to the public (e .g. METRO applications for right-of-way for bus shelters . ) SECTION III: Subsection (B) of Section 9-1205 of Title IX (Public Ways and Property) of Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton" is hereby amended to read as follows: Section 9-1205 (B) , as amended: Any permitee shall provide, prior to the issuance of any such revocable permit, sufficient public liability and property damage insurance with limits of not less than one hundred thousand dollars/three hundred thousand dollars ($100 , 000 .00/$300 ,000 .00) on account of public liability and not less than fifty thousand dollars ($50 ,000 .00) on account of property damage. Copies of such insurance policy or policies shall be funished unto the City with a special endorsement in favor of the City. Upon showing of a hardship and at the discretion of the Board of Public Works, the insurance requirements may be reduced or waived for single family or two family residential applications . SECTION IV: Existing Chapter 12 of Title IX (Public Ways and Property) of Ordinance No. 1628 entitled "Code of General Ordinances of the City of Renton" is hereby amended by adding the following Section: Section 9-1207: DEFINITIONS A. Public Benefit: For the purpose of this section, a use shall be one of "public benefit" when the use of the public right-of- way creates and/or enhances the general public health, safety, welfare, general appearance and aesthetics of the subject area. -3- � � ' . � , . . ORDINANCE N0. 4050 � ` Such benefit shall only be recognized when it is provided without remuneration and is offered in excess of the dictates of statutory or regulatory guidelines. A permit issued for right-of-way to be used totally, or in part, for the exclusive benefit of the owners, tenants, residents, employees, or customers of the applicant shall not be deemed to be a public benefit, even if the definition would otherwise apply. B. Core Area: For the purpose of this section, the core area of the City shall be recognized as that area bounded by the center lines of Smithers Avenue S. from S. 4th Place to S. 3rd Street and Logan Avenue S. from S. 3rd Street to the Cedar River, bounded on the north by the Cedar River, east to Mill Avenue S. , south to S. 4th Street, and west to Smithers Avenue S . SECTION V: This Ordinance shall be effective upon its passage, approval and thirty days after publication. PASSED BY THE CITY COUNCIL this 9th day of March, 1987 . �- �i�422� Maxine E. Motor, City Clerk APPROVED BY THE MAYOR this 9th day of March, 1987 . . �Q►h.bG�aJ �r+�S4�.u�.�C� Barbara Y." Shinpdch, Mayor Approved as to form: , A+�MM�Ubi� �M� Lawrence J. Warr City Attorney Date of Publication: March 13 , 1987 -4-