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HomeMy WebLinkAboutReg 2011-11-07 Item 4C - Ordinance - Revise Corporate Boundary at 53rd Avenue SouthCOUNCIL AGENDA SYNOPSIS CAS NUMBER: Initials Meeting Date Prepared by 0 1 Mayor's review 10/24/11 BG Q� 11/07/11 i BG ITEM INFORMATION STAFF SPONSOR: BOB GIBERSON Council review I TEM NO. 4.C. ORIGINAL AGENDA DATE: 10/24/11 AGENDA ITEM TITLE Ordinance to Revise City of Tukwila's Corporate Boundary at 53 Avenue South from South 170 Street to South 172 Lane CATEGORY Discussion Motion Resolution Ordinance Bid Award ❑Public Hearing Other Mtg Date 10124111 Mtg Date Mtg Date Mtg Date 11/07/11 Mtg Date Mtg Date Mtg Date SPONSOR Council Mayor HR DCD Finance Fire IT P&R Police PWI SPONSOR'S King County is working to incorporate small islands of unincorporated areas that are SUMMARY adjoining incorporated cities. Between Tukwila and SeaTac, there is a small unincorporated area on the westerly half of the 53 Ave S right -of way between S 170 and S 172" Ln. King County, SeaTac, and Tukwila agreed that the entire street would be better served by Tukwila. Council is being asked to approve the Ordinance revising the City of Tukwila's corporate boundary and incorporate all of 53` Ave S into Tukwila. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 10/17/11 COMMITTEE CHAIR: JOAN HERNANDEZ RECOMMENDATIONS: SPONSOR/ADMIN. Public Works COMMITTEE Forward to Committee of the Whole. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 Fund Source: Comments: MTG. DATE 1 RECORD OF COUNCIL ACTION 10/24/11 Forward to next Reqular Meetinq 11/07/11 MTG. DATE 1 ATTACHMENTS 10/24/11 Informational Memorandum dated 10/14/11 Draft Ordinance with Exhibits A and B Minutes from the Transportation Committee meeting of 10/17/11 11/07/11 Ordinance in final form X] W TukW1 Washington Ordinance Igo. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REVISING THE CITY LIMITS TO INCLUDE A HALF STREET RIGHT -OF -WAY FOR 53 AVENUE SOUTH THAT CURRENTLY RESIDES IN UNINCORPORATED KING COUNTY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila's corporate boundary currently extends along the centerline of the right -of -way of 53 Avenue South between South 170 Street and South 172 Lane; and WHEREAS, the City of Tukwila's corporate boundary currently includes the easterly half of the right -of -way for 53r Avenue South between South 170 Street and South 172 Lane within Tukwila's current city limits; and WHEREAS, the westerly half of the right -of -way for 53 Avenue South between South 170 Street and, South 172n Lane currently resides within unincorporated King County; and WHEREAS, it is in the City of Tukwila's, King County's, and the adjacent property owners' best interest to have this right -of -way exist wholly within the boundary of one jurisdiction for the administration of construction projects, maintenance, and permitting; and WHEREAS, RCW 35.21.790 allows a revision of corporate boundaries within a public street, road, or highway by substitution of a right -of -way line so as to fully include the right -of -way within one particular jurisdiction; and WHEREAS, a revision of corporate boundaries to include all of 53 Avenue South between South 170 Street and South 172 Lane within the City of Tukwila is the preferred solution to unify the right -of -way for 53 Avenue South within one jurisdiction; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W: Word Processing \Ordinances \Revise City limits for half ROW for 53rd Ave S 10 -11 -11 RT:bjs Page 1 of 2 11 Section 1. Revision of Corporate Boundaries. Upon approval of a similar ordinance or resolution by the Metropolitan King County Council, the corporate boundaries of the City of Tukwila are and shall be revised to include all of the right -of- way for 53 Avenue South in King County, Washington, between South 170 Street and South 172 Lane, along with that portion of 53 Avenue South at the intersection with South 170 Street, and excluding that portion of 53 Avenue South that resides within the right -of -way owned by the Washington State Department of Transportation. The revised right -of -way, all of which is now included within the corporate boundaries of the City of Tukwila, is legally described on the attached Exhibit "A" and depicted on the map attached hereto as Exhibit "B both of which exhibits are incorporated herein by this reference as if set forth in full. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. Section 3. 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 4. 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 2011. ATTEST /AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Shelley M. Kerslake, City Attorney Ordinance Number: Attachments: Exhibit A, Legal Description Exhibit B, Revised Corporate Boundary (map) W: Word Processing \Ordinances \Revise City limits for half ROW for 53rd Ave S 10 -11 -11 RT:bjs Page 2 of 2 12 EXHIBIT "A" Legal Description: That portion of the Southwest quarter of Section 26, Township 23 North, Range 4 E. Willamette Meridian; lying Westerly of the City of Tukwila corporate limits as established by the City of Tukwila Ordinance 247, also being the centerline of 53 Avenue South; Easterly of the City of SeaTac corporate limits as established by the City of SeaTac Ordinance 8820, also being the westerly right -of -way margin of 53 Avenue South; Northerly of the City of Tukwila corporate limits as established by the City of Tukwila Ordinance 314; Southerly of the City of Tukwila corporate limits as established by the City of Tukwila Ordinance 1205. 13 14 Exhibit "B" Revised Corporate Boundary 15 lC-i