HomeMy WebLinkAboutReg 2007-07-16 Item 5B - Ordinance - Land Acquisition for TIB Phase II and Phase III Road Improvements COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER: 07-088 I ORIGI TALAGENDA DATE: JULY 9, 2007
AGENDA ITEM TITLE Tukwila Int'1 Blvd Phases II III Condemnation Ordinance
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 7/9/07 Mtg Date Mtg Date Mtg Date 7/16/07 Mtg Date Mtg Date Mtg Date:
I SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal Pd1R Police PW
SPONSOR'S Final design of the Tukwila International Blvd Phases II III is near completion. Right -of-
SUMMARY way and easements are needed along the project route in order to construct the proposed
improvements. This condemnation ordinance is the most expedient way to ensure
certification of right -of -way and stay on the project's schedule.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DAI E: 4/23/07
RECOMMENDATIONS:
SPONSOR /ADMIN. Approve ordinance.
COM MI1TEE Unanimous approval; forward to COW.
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
N/A N/A
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
7/9/07 Forward to next Regular Meeting I
7/16/07
MTG. DATE ATTACHMENTS
7/9/07 Information Memo dated July 3, 2007
Ordinance with Exhibits
Transportation Committee Meeting Minutes from April 23, 2007
1
7/16/07 Ordinance in final form (Please see 7/9/07 packet for Exhibit A B legal
aescriptions ana right i cy p1anSl
��Jf� ter'- •:y':
1909
City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE C71 Y COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AUTHORIZING AND PROVIDING FOR THE
ACQUISITION OF LAND FOR THE PURPOSE OF CONSTRUCTING THE
TUKWILA INTERNATIONAL BOULEVARD, PHASES 2 3 ROAD
IMPROVEMENTS; PROVIDING FOR CONDEMNATION, APPRO-
PRIATION AND TAKING OF LAND AND PROPERTY RIGHTS
NECESSARY THEREFOR; PROVIDING FOR THE COST THEREOF;
DIRECTING THE INITIATION OF APPROPRIATION PROCEEDINGS IN
THE MANNER PROVIDED BY LAW FOR THE CONDEMNATION;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN LFrLCTWE
DATE.
WHEREAS, on December 11, 2006, by Ordinance No. 2148, the City Council
adopted the 2007 City budget and provided therein for a transportation program that
included funding for Tukwila International Boulevard, Phases 2 3 road
improvements; and
WHEREAS, the Capital Improvement Program provides for the acquisition of land
and property for improvement of Tukwila International Boulevard, Phases 2 3; and
WHEREAS, the City of Tukwila Capital Improvement Program provides for the
City's roadway reconstruction and safety improvements, which coordinates road
projects with other elements of the larger transportation system; abutting land uses; and
business, industry, government and residential processes; and
WHEREAS, the City needs to acquire the property and property rights necessary to
facilitate reconstruction of the widened road with curb, gutter, sidewalk, and other
amenities within the time constraints set forth by outside funding sources; and
WHEREAS, the City Council finds that public health, safety, necessity, and
convenience demand that Tukwila International Boulevard be improved within the City
of Tukwila, in accordance with the Capital Improvement Program, and that certain
properties, property rights, and rights in property be condemned, appropriated, taken
and damaged for public use, subject to the making or paying of just compensation to
the owners thereof in the manner provided by law; and
WHEREAS, the City is authorized by RCW 35A.64.200 and Chapter 8.12 RCW to
initiate eminent domain proceedings for the condemnation of the property;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. The City Council deems it necessary and in the best interest of the
citizens of Tukwila that lands, described in the attached "Exhibit A" and shown in
"Exhibit B," and other property rights and /or rights in property be condemned,
appropriated, taken and damaged for the purpose of completing the Tukwila
International Boulevard, Phases 2 3 road improvements. The extended reconstruction
of the widened road will include curb, gutter, sidewalks, retaining walls, landscaping,
illumination, drainage, channeli7ation, and related improvements. The project will
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require significant reconstruction of the roadway as well as relocation /reconstruction of
utilities, subject to the making or paying of just compensation to the owners herein in
the manner provided by law.
Section 2. Compensation shall be made for the land taken and damaged. The costs
and expenses for acquiring all interests and rights in said property shall be paid for
from the City's Arterial Street 104 Fund.
Section 3. Condemnation proceedings are hereby authorized to acquire property
and property rights and /or rights in property, together with the right to construct and
maintain slopes for cuts and fills on certain abutting properties, described in the
attached "Exhibit A" and shown in "Exhibit B," for the purpose of the Tukwila
International Boulevard, Phases 2 3 road improvements.
Section 4. The attorneys for the City of Tukwila are hereby authorized and
directed to begirt to prosecute the proceedings provided by law to condemn, take, and
appropriate the land and other property and property rights necessary to carry out the
provisions of this ordinance.
Section 5. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 6. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2007.
ATTEST/ AUTHENTICATED:
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Qerk
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney Ordinance Number:
Attachments: Exhibit A Index and Legal Descriptions
Exhibit B Right -of -way Plan Sheets
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