CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
title
AN ORDINANCE relating to Seattle Public Utilities; authorizing the Director of Seattle Public Utilities to lease or acquire by negotiation or condemnation land and all other necessary property rights located at 4500 West Marginal Way Southwest, Seattle, Washington for public drainage, wastewater, and general municipal purposes, and to execute, accept and record deeds and convenient documents and agreements deemed by the Director to be necessary to this transaction on behalf of the City; placing the conveyed real properties under the jurisdiction of Seattle Public Utilities; and ratifying and confirming certain prior acts.
body
WHEREAS, since 1997 Seattle Public Utilities (“SPU”) has leased the location for its South
Drainage and Wastewater Operations Center at 714 South Charles Street; and
WHEREAS, SPU has evaluated its requirements for water system, drainage, maintenance and repair facilities and other utility needs south of the Lake Washington Ship Canal; and
WHEREAS, SPU has worked directly with Finance and Administrative Services’ Real Estate Services in analyzing Drainage and Wastewater space requirements and determined that the Charles Street space allocation is inadequate to meet its operational business needs for its customers and employees; and
WHEREAS, SPU has determined the current location of its South Drainage and Wastewater Operations Center is unsuitable for long-term use to provide service to its customers south of the Lake Washington Ship Canal and it is in the public interest to acquire the property for that purpose; and
WHEREAS, RCW 8.12.030, 35.67.020, and 35.92.020 authorize The City of Seattle (the “City”) to purchase or condemn property for utility or general municipal purposes; and
WHEREAS, the City has provided adequate notice to the relevant property owners that the City may take final action to authorize condemnation of the subject property as required by chapters 8.12 and 8.25 RCW; and
WHEREAS, the City Council has determined that the property legally described below best meets SPU’s needs for a site for a South Drainage and Wastewater Operations Center;
WHEREAS, the City approved a project in the Adopted 2015-2020 Capital Improvement Program Budget to address acquisition of a South Drainage and Wastewater Operations Center; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY OF SEATTLE AS FOLLOWS:
Section 1. Public convenience and necessity require the property identified in the records of the King County Assessor as Parcel Number 766670-3680 and commonly referred to as the Horizon Coach Line site, situated in the City of Seattle, County of King, State of Washington, together with all rights, privileges and other property pertaining thereto, (hereinafter referred to as the “Horizon Coach Line Property”) legally described in Attachment 1 and depicted in Attachments 2 and 3, be leased or acquired through negotiation or condemnation, for public use; namely for drainage and wastewater purposes including, but not limited to, a South Drainage and Wastewater Operations Center, and for general municipal purposes.
Section 2. The Director of Seattle Public Utilities or the Director’s designee is authorized on behalf of the City to negotiate and to enter into agreements to lease or acquire the Horizon Coach Line Property and, upon payment of just compensation, to accept and record deeds and other necessary instruments on behalf of the City, and to provide relocation assistance to the extent required by law to the occupants of the Horizon Coach Line Property.
Section 3. The Seattle City Attorney is authorized to commence and prosecute proceedings in the manner provided by law to condemn, take, damage, and appropriate in fee simple the real property or other property rights described in Section 1, after just compensation has been made or paid into court for the owners thereof in the manner provided by law. The Seattle City Attorney is further authorized to stipulate for the purpose of minimizing damages.
Section 4. The cost of the acquisition provided for in this ordinance shall be paid from funds originally authorized by Ordinance 124349 in the 2015 Adopted Budget.
Section 5. The Horizon Coach Line Property, when acquired by the City, shall be placed under the jurisdiction of Seattle Public Utilities and designated for drainage and wastewater purposes.
Section 6. Any act consistent with the authority of this ordinance taken after its passage but prior to its effective date is hereby ratified and confirmed.
Section 7. This ordinance shall take effect and be in force 30 days after its approval by the Mayor, but if not approved and returned by the Mayor within ten days after presentation, it shall take effect as provided by Seattle Municipal Code Section 1.04.020.
Passed by the City Council the ____ day of ________________________, 2015, and
signed by me in open session in authentication of its passage this
_____ day of ___________________, 2015.
_________________________________
President __________of the City Council
Approved by me this ____ day of _____________________, 2015.
_________________________________
Edward B. Murray, Mayor
Filed by me this ____ day of __________________________, 2015.
____________________________________
Monica Martinez Simmons, City Clerk
(Seal)
Attachment 1: Legal Description for Horizon Coach Line Property
Attachment 2: Regional Setting
Attachment 3: Map of Horizon Coach Line Property