HomeMy WebLinkAbout5537 ORDINANCE NO. 5 5 3 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, AUTHORIZING PIERCE COUNTY TO PROCEED AND
COMPLETE THE ACQUISITION OF CERTAIN PROPERTY AND PROPERTY
RIGHTS BY EMINENT DOMAIN PURSUANT TO THE PREANNEXATION
AGREEMENT ENTERED INTO BETWEEN PIERCE COUNTY AND THE CITY
OF AUBURN APPROVED BY RESOLUTION NO. 3249 ON SEPTEMBER 5,
2000 RELATING TO THE CONSTRUCTION OF REGIONAL
INFRASTRUCTURE AND FACILITIES FOR THE PROPOSED LAKE TAPPS
PARKWAY DEVELOPMENT FOR THAT CERTAIN PROPERTY WHICH IS
THE SUBJECT OF PIERCE COUNTY'S EMINENT DOMAIN PROCEEDING IN
PIERCE COUNTY SUPERIOR COURT CAUSE NO. 99-05144-6 WHICH
PROPERTY HAS BEEN RECENTLY ANNEXED BY THE CITY OF AUBURN.
WHEREAS, the City Council of the City of Auburn passed Resolution No.
3249 authorizing the Mayor and City Clerk to execute the Preannexation
Agreement Between Pierce County and the City of Auburn Relating to the
Construction of Regional Infrastructure and Facilities for the Proposed Lake
Tapps Parkway Development; and
WHEREAS, that certain property identified and the subject of an eminent
domain proceeding by Pierce County in Pierce County Superior Court Cause
No. 99-2-05144-6 has been recently annexed by the City of Auburn; and
WHEREAS, the City of Auburn desires Pierce County to continue to
proceed with and complete the eminent domain action for that certain property
recently annexed by the City of Auburn;
Ordinance No. 5537
April 24, 2001
Page !
NOW, THEREFORE; THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section '1. Authorization. The City Council hereby authorizes Pierce
County, pursuant to the Preannexation Agreement between Pierce County and
the City of Auburn Relating to the Construction of Regional Infrastructure and
Facilities for the Proposed Lake Tapps Parkway Development, to proceed with
and complete Pierce County's eminent domain proceeding in Pierce County
Cause No. 99-2-05144-6 which property has been recently annexed by the City
of Auburn.
Section 2. Authority. The City of Auburn is authorized by laws and
statutes of the State of Washington to appropriate lands and property rights
through the exercise of its rights of eminent domain within and without its
corporate limits and to enter into preannexation agreement with other
government entities.
Section 3. Constitutionality or Invalidity. If any section, subsection
clause or phase of this Ordinance is for any reason held to be invalid or
unconstitutional such invalidity unconstitutionality shall not affect the validity or
constitutionality of the remaining portions of this Ordinance, as it is being
hereby expressly declared that this Ordinance and each section, subsection,
sentence, clause and phrase hereof would have been prepared, proposed
Ordinance No. 5537
April 24, 2001
Page 2
adopted and approved and ratified irrespective of the fact that nay one or more
section, subsection, sentence, clause or phase be declared invalid or
unconstitutional.
Section4. Implementation. The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out
the directions of this legislation.
Section 5. Effective Date. This Ordinance shall take effect and be in
force five (5) days from and after its passage, approval and publication as
provided by law.
INTRODUCED: Hey 7, 2001
PASSED: [,,,[ay 7, 2001
APPROVED: Hey 7, 2001
CHARLES A. BOOTH
MAYOR
Ordinance No. 5537
April 24, 2001
Page 3
ATTEST:
Dan'~elle E. Daskam,
City Clerk
APPROVED AS TO FORM:
Michael J. Reynolds,
City Attorney
PUBLISHED:
Ordinance No. 5537
April 24, 2001
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