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ORDINANCE NO. 2001-22 AN ORDINANCE OF THE CITY OF MOSCOW, IDAHO, A MUNICIPAL CORPORATION OF IDAHO, ESTABLISHING WHAT WOULD BE DEEMED EXPEDIENT FOR THE PUBLIC GOOD BEFORE COUNCIL CONSIDERS VACATING A PORTION OF EIGHTH STREET RIGHT-OF WAY LOCATED WITHIN THE CITY OF MOSCOW; PROVIDING THAT THIS ORDINANCE VACATES SUCH PORTION OF EIGHTH STREET ONLY AFTER THE OCCURRENCE OF ACCOMMODATION/MITIGATION SET OUT HEREIN; PROVIDING THAT THE PROVISIONS OF THIS ORDINANCE NOT BE DEEMED SEVERABLE; PROVIDING THAT THIS ORDINANCE SHALL BE IN FULL FORCE AND EFFECT FROM AND AFTER PASSAGE, APPROVAL AND PUBLICATION ACCORDING TO LAW. WHEREAS, Gritman Medical Center, Inc., an Idaho non-profit corporation, has made a request of City Council for a portion of Eighth Street right-of-way located in City of Moscow between Washington Street and Jackson Street to be considered for vacation; and WHEREAS, Council desires to follow Idaho Code § 50-311 and Idaho Code § 50-1306A in considering and acting upon applicant's request for the vacation of a portion of Eighth Street right-of-way and in determining what, if any, restrictions on such vacation is deemed necessary in the public interest; and WHEREAS, Council is of the opinion that the reason property is dedicated for public use is to mitigate the impacts of development on the City's ability to provide services at pre-development levels; and WHEREAS, Idaho Code prohibits a city from vacating public right-of-way unless the Council makes a finding that such vacation is expedient for the public good; and WHEREAS, Idaho Code prohibits vacations with restrictions unless such restrictions are deemed necessary in the public interest; and WHEREAS, that portion of the Eighth Street right-of-way requested to be vacated is currently utilized by the public at large (and by the community of Moscow in particular) as a vehicle, bicycle, and pedestrian transportation corridor which clearly can remain expedient for the public good without change or alteration; and WHEREAS, the 1999 Moscow Comprehensive Plan identifies Gritman Medical Center as a "public facility"; and WHEREAS, the Council recognizes that policy number 14 of the Public Services, Facilities and Utilities section of the Comprehensive Plan encourages the City's cooperation in efforts which maximize the capabilities of such public facilities; and WHEREAS, the Council recognizes the importance of providing continued quality health care in Moscow, and further recognizes that, with an expanded facility plant, Gritman Medical Center should be able to provide such services; and WHEREAS, the Council recognizes the need to retain facilities which have a positive impact on the vitality of Moscow's downtown and Moscow's general economy; and ORDINANCE- VACATION St Page 1 of4 ---PAGE BREAK--- WHEREAS, the Council must balance whether it is expedient for the public good to retain that portion of Eighth Street requested to be vacated or to allow it to be vacated for the purposes proposed by the applicant; and WHEREAS, a part of the balancing of factors deemed to be expedient for the public good must occur prior to the Council determining whether vacation of a portion of Eighth Street right-of-way is appropriate; and WHEREAS, the Council is not assured and does not find, at this time, based upon the current use and status of the portion of Eighth Street right-of-way requested to be vacated, that vacation is expedient for the public good; and WHEREAS, it is the Council's opinion that the following four actions must occur prior to a Council determination that vacating a portion of Eighth Street right-of-way is, in fact, expedient for the public good: 1. Preservation and/or establishment of legal easements to secure public infrastructure and to secure the franchised utilities within the Eighth Street right-of-way because of the public investments in and use of such infrastructure and utilities; and 2. Assurances that public parking adversely impacted by applicant's proposed vacation shall be adequately addressed because availability of public parking in the downtown business area is at a premium; and 3. Assurances that a joint pedestrian/bicycle traffic path of at least ten feet ( 1 in width shall be established between Washington Street and Main Street to preserve that public transportation corridor because an accommodation of pedestrian and bicycle traffic moving east and west (from and to University of Idaho campus) is of importance for the community at large and, but for potential vacation, would continue to be in the public good; and 4. Assurances that the current relatively heavy traffic circulation which would be altered by the proposed vacation is accommodated (perhaps by providing for one-way Westbound traffic at Seventh Street and one-way Eastbound traffic at Lewis Street) because, but for the proposed Eighth Street right-of-way vacation, such would continue to serve an important public need; and WHEREAS, the purpose of this Ordinance is to establish that all accommodation/mitigation set out in Section 2 of this Ordinance must occur prior to a finding by the Council that vacation of the portion of Eighth Street right-of-way set out in Section 1 of this Ordinance is expedient for the public good; and WHEREAS, only following the occurrence of each and every accommodation/mitigation set out in Section 2, nos. 1 through 4, does the Council thereafter find that vacation of the portion of Eighth Street right-of-way set out in Section 1 of this Ordinance shall occur; and WHEREAS, in order to preserve the Council's decision and the integrity of the Council's constitutionally delegated legislative powers to their full extent, the Council does not desire any part of this Ordinance to be severable and specifically requires that if any part of this Ordinance (and especially Section 2 of this Ordinance and Section 3 of this Ordinance) is deemed to be ultra vires or unconstitutional or otherwise unlawful, all of this Ordinance shall be a nullity. ORDINANCE - VACATION a• St Page 2 of 4 ---PAGE BREAK--- NOW, THEREFORE, be it ordained by the Mayor and Council of the City of Moscow, Idaho as follows: SECTION 1: PROPERTY. That the Council recognizes that the portion of Eighth Street right of-way requested to be considered for vacation by Palouse Regional Healthcare, Inc., dba Gritman Medical Center, is the following: All of that portion of the Eighth Street right-of-way lying east of the easterly right of-way line of Main Street and west of the westerly right-of-way line of Washington Street. Said portion lies south of Block 6 of McGregor's Addition to the City of Moscow as shown on the plat of said addition recorded in Book 1 of Plats, page 19, and lies north of Block 1 of the Sunnyside Addition to the City of Moscow as shown on the plat of said addition recorded in Book 2 of Plats, page 24, and includes Lots 1 and 14 of said Block 1 which had been previously dedicated as right-of-way. ALSO: That portion of the 20 foot wide alley lying between Lots 1 and 2 and Lots 13 and 14 of said Lot 1 of Sunnyside Addition. SECTION 2: ACCOMMODATION/MITIGATION PRIOR TO COUNCIL'S FINDING. Upon determining that the following accommodation/mitigation related to the current public uses of the property described in Section 1 herein occur, the City deems such vacation to be expedient for the public good: 1. Preservation and/or establishment of legal easements to secure public infrastructure and to secure the franchised utilities within the Eighth Street right-of-way because of the public investments in and use of such infrastructure and utilities; and 2. Assurances that public parking adversely impacted by applicant's proposed vacation shall be adequately addressed because availability of public parking in the downtown business area is at a premium; and 3. Assurances that a joint pedestrian/bicycle traffic path of at least ten feet (10') in width shall be established between Washington Street and Main Street to preserve that public transportation corridor because an accommodation of pedestrian and bicycle traffic moving east and west (from and to University of Idaho campus) is of importance for the community at large and, but for potential vacation, would continue to be in the public good; and 4. Assurances that the current relatively heavy traffic circulation which would be altered by the proposed vacation is accommodated (perhaps by providing for one-way Westbound traffic at Seventh Street and one-way Eastbound traffic at Lewis Street) because, but for the proposed Eighth Street right-of-way vacation, such would continue to serve an important public need. SECTION 3: COUNCIL'S FINDING FOLLOWING EVERY ACCOMMODATION/ MITIGATION. Upon the occurrence of each and every accommodation/mitigation in Section 2 numbers 1 through 4 the Council shall then consider the vacation of the property described in Section 1 hereinabove to be expedient for the public good. SECTION 4: VACATION FOLLOWING FINDING IN SECTION 3. Only after the occurrence of accommodation/mitigation set out in Section 2 of this Ordinance and only after Council's findings in Section 3 of this Ordinance, Council thereby does vacate the property described in ORDINANCE- VACATION gili St Page 3 of 4 ---PAGE BREAK--- Section 1 of this Ordinance except for all existing rights-of-way, easements, and franchise rights of any lot owner or public utility as of the time of such vacation following the occurrences set out in Section 2 of this Ordinance and Section 3 of this Ordinance. SECTION 5: VACATION ONE HALF TO EACH. Only after the occurrence of accommodation/mitigation set out in Section 2 of this Ordinance and only after Council's findings in Section 3 of this Ordinance, Council, simultaneously with action taken in Section 4 of this Ordinance deems it to be in the best interest of the adjoining properties that each owner of the adjacent real estate to the property described in Section 1 of this Ordinance shall receive one half ( 1/2) on each side thereof at time of reversion/vacation. SECTION 6: ORDINANCE OR ANY PART THEREOF NOT SEVERABLE. No provision of this Ordinance shall be deemed severable. The invalidity of any provision of this Ordinance or of any portion thereof (especially Section 2 or any portion thereof of this Ordinance and/or Section 3 and any portion thereof of this Ordinance) shall invalidate the entire Ordinance, ab initio mundi, specifically and especially Section 4 of this Ordinance. SECTION 7: EFFECT ON OTHER ORDINANCES. Where the definitions or provisions contained in this Ordinance are in conflict with relevant portions of the City of Moscow, Idaho, Municipal Code or of Idaho Code, the definitions or provisions contained within those portions of the Moscow Municipal Code will be unaffected until such time, if any, as they are amended to be consistent with this Ordinance. SECTION 8: EFFECTIVE DATE. This Ordinance shall be effective upon its passage, approval, and publication according to law. PASSED by the City Council and APPROVED by the Mayor this 261h day J;>er, 2001. I ORDINANCE- VACATION 8, St Page 4 of 4 ---PAGE BREAK--- AGREEMENT THIS AGREEMENT is made and entered into by and between GRITMAN MEDICAL CENTER, INC. ("GRITMAN"), a non-profit Idaho corporation, 700 South Main Street, Moscow, Idaho, 83843, and THE CITY OF MOSCOW, IDAHO ("CITY"), a municipal corporation of the State of Idaho, 206 East Third Street, Moscow, Idaho, 83843. WHEREAS, to assure CITY that public parking will not be adversely impacted by the expansion plan GRITMAN presented to City Council on November 5, 2001; and WHEREAS, GRITMAN desires to comply with provisions related to public parking contained within Moscow City Ordinance 2001-22; and WHEREAS, GRITMAN, as part of its expansion, plans to make parking open to the public on the South side of GRITMAN shown in Exhibit attached hereto as Lot 1; and WHEREAS, GRITMAN plans to provide additional parking open to the public by the construction and maintenance of a parking lot on GRITMAN's property bounded by Highway 8, Lewis Street, and Washington Street as shown on Exhibit attached hereto as Lot 2; and WHEREAS, CITY wishes to insure that if any of the spaces in Lots 1 and Lots 2 are no longer open to the public, such spaces shall be replaced by the provision of other parking open to the public on a space by space basis. NOW THEREFORE, GRITMAN agrees: A That all of the parking spaces in the lot to be built on the south side of the expanded hospital and the lot bounded by Highway 8, Lewis Street and Washington Street (shown as Lot 1 and Lot 2 respectively on Exhibit attached hereto) shall be open to public parking; and B. Should GRITMAN cause any of the parking spaces in the lot to be built on the south side of the expanded hospital and the lot bounded by Highway 8, Lewis Street and Washington Street (shown as Lot 1 and Lot 2 respectively on Exhibit attached hereto), to no longer be open to the public, such spaces shall be replaced by GRITMAN on a space for space basis. CITY agrees: That the terms of this Agreement fulfill the assurances required by Ordinance No. AGREEMENT- GRITMANICITY OF MOSCOW PARKING PAGE10F2 ---PAGE BREAK--- 2001-22, Section 2, No. 2. IN WITNESS WHEREOF, the parties hereto set their hands. DATED this day of June, 2002. CITY OF MOSCOW, IDAHO N MEDICAL CENTER, INC. By JF RTIN, CE ACKNOWLEDGMENT STATE OF IDAHO ) ) ss. COUNTY OF LATAH ) On this day of , 2002, before me, a Notary Public in and for said State, appeared -l.tG<:J iJ. dl(,&<.f/rx . known to me to be the person named above and acknowledged that h she executed the foregoing document as the duly authonzed representative for Gritman Medical Center, Inc. . " . , . - : . : - Agreement\Gn \,arking . •A ! AGREEMENT· GRITMANICITY OF MOSCOW PARKING h for the State of Idaho. Re · ing M16(MJ I 0 My commission expires -rl!o (2ori( PAGE20F2