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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 Page 4