CITY OF SEATTLE
ORDINANCE __________________
COUNCIL BILL __________________
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AN ORDINANCE relating to Seattle Public Utilities; authorizing the General Manager/CEO of Seattle Public Utilities or designee to acquire by negotiation or eminent domain (condemnation) two separate parcels of land in Seattle, for utility purposes identified as King County Parcel Number 270560-0010 located at 9740 8th Ave NW and King County Parcel Number 270560-0007 located at 711 NW 100th St. and to execute, accept, and record deeds, conveyance documents and agreements deemed by the General Manager/CEO to be necessary to these transaction on behalf of the City; placing the real properties under the jurisdiction of Seattle Public Utilities; authorizing payment of all other costs associated with the acquisition; and ratifying and confirming certain prior acts.
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WHEREAS, Seattle Public Utilities (SPU) owns, maintains and operates a system of sanitary sewerage, and storm and surface water drainage as part of Seattle Public Utilities' drainage and wastewater system; and
WHEREAS, the Washington State Hydraulic Code, administered by the Washington Department of Fish and Wildlife (WDFW), requires that certain types of streams, culverts, and storm drains maintained by SPU be made fish passable when they are repaired or replaced; and
WHEREAS, SPU owns a storm drain located on two privately-owned properties that contain a segment of Pipers Creek which does not meet the established WDFW fish passage standard; and
WHEREAS, SPU determined it needs additional property rights to comply with WDFW fish passage requirements; and
WHEREAS, SPU also determined that the fee acquisition of these two privately-owned properties is suitable for and needed to construct and operate a water treatment facility and storm control facilities; and
WHEREAS, RCW 8.12.030, 35.67.020, and 35.92.020 authorize The City of Seattle to purchase or condemn property for utility or general municipal purposes; 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 Numbers 270560-0010 and 270560-0007 situated in the City of Seattle, County of King, State of Washington, together with all rights, privileges, and other property thereto, legally described and depicted in Attachment 1 and Attachment 2 of this ordinance to be acquired through negotiation or eminent domain (condemnation), for public utility purposes.
Section 2. The General Manager/CEO of Seattle Public Utilities or designee is authorized on behalf of the City to negotiate and to enter into agreements to acquire the two properties in Section 1 of this ordinance and, upon payment of just compensation, to accept and record deeds and other necessary instruments on behalf of the City; to provide relocation assistance to the extent required by law to the occupants of the properties; and to enter into agreements with the existing owners and tenants as needed to facilitate the successful acquisition of the properties.
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 of this ordinance, 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 enter into a stipulation agreement 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 126955 in the 2024 Adopted Budget.
Section 5. The two properties, when acquired by the City, shall be placed under the jurisdiction of Seattle Public Utilities and designated for utility purposes.
Section 6. Any act consistent with the authority of this ordinance taken after its passage and prior to its effective date is ratified and confirmed.
Section 7. This ordinance shall take effect as provided by Seattle Municipal Code Sections 1.04.020 and 1.04.070.
Passed by the City Council the ________ day of _________________________, 2024, and signed by me in open session in authentication of its passage this ________ day of _________________________, 2024.
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President ____________ of the City Council
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Approved / |
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returned unsigned / |
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vetoed this _____ day of _________________, 2024. |
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Bruce A. Harrell, Mayor
Filed by me this ________ day of _________________________, 2024.
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Scheereen Dedman, City Clerk
(Seal)
Attachments:
Attachment 1 - Legal Description and Map of King County Parcel # 270560-0010
Attachment 2 - Legal Description and Map of King County Parcel # 270560-0007