Item 3: Ordinance Vacating Portion of West 4th Alley

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Additionally ORS 271.120 is relevant as listed below: 271.120 Hearing, determination. At the time fixed by the governing body for hearing the petition and any objections filed thereto or at any postponement or continuance of such matter, the governing body shall hear the petition and objections and shall determine whether the consent of the owners of the requisite area has been obtained, whether notice has been duly given and whether the public interest will be prejudiced by the vacation of such plat or street or parts thereof. If such matters are determined in favor of the petition the governing body shall by ordinance make such determination a matter of record and vacate such plat or street; otherwise it shall deny the petition. The governing body may, upon hearing, grant the petition in part and deny it in part, and make such reservations, or either, as appear to be for the public interest. As noted above, consent of the required area has been obtained and public notice has been given in accordance with statutory and local code requirements. Basic provision of necessary public services and utilities in the area can be maintained upon approval of the vacation requests. While attached findings indicate that the vacation, with the reservation of a public utility easement, can be accommodated at this fundamental level, it remains within the council's purview to identify what additional requirements, if any, must be made to find that the request supports the public interest in order for the City to release ownership of the rights -of -way. Complete findings in regards to the approval criteria are included in Exhibit C to the Ordinance (Attachment B). A complete copy of the application along with other documents and information related to the vacation request including a written statement, site plans and consent forms, are also contained in a binder that has been placed in the Council Office for reference. Determination of Assessment Pursuant to EC 9.8710(4), the applicant is required to pay a deposit equal to the assessment of special benefit resulting from the vacation and the disposition of the property to the benefited property owners. The assessed value of special benefit is to be determined by the City Manager. In this instance, the value of the real property for the alley right -of -way was determined to be $36,450 as detailed in the attached Notice of Assessment of Benefits Memorandum (Attachment C). The applicant has deposited that sum with the City in advance of the public hearing, as required. If the application is approved, the deposit shall be retained by the City, or if the applications are denied the money shall be returned. RELATED CITY POLICIES Approval criteria for vacation requests (the full text is included above) are located at EC 9.8725, and corresponding statutory provisions at ORS 271.120, which require the council to find that approval of the vacation request is in the public interest. Findings supporting this requrest are included in Exhibit C to the Ordinance (Attachment C). COUNCIL OPTIONS These items are scheduled for public hearing only, however, council action is required within 30 days of the close of the record following the public hearing to: S:ACMO \2013 Council Agendas \M130122 \S1301223.doc