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AN ORDINANCE authorizing the condemnation of property interests needed for the Brightwater regional wastewater treatment system, including conveyance and outfall facilities; specifying relocation assistance to be provided to affected landowners, tenants and businesses; outlining the intended sequencing of steps to acquire property interests needed for the Brightwater treatment plant project.
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BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:
SECTION 1. Findings.
A. By Ordinance 13680, on November 29, 1999, King County adopted the Regional Wastewater Services Plan ("RWSP"), which set forth treatment plant policies intended to guide the county in providing treatment at its existing plants and in expanding treatment capacity through the year 2030. The RWSP calls for construction of a new north treatment plant in north King County or south Snohomish County by 2010.
B. On December 10, 2001, by Ordinance 14278, the council authorized the preparation of an Environmental Impact Statement ("EIS") on the siting and construction of the north treatment facilities project, also known as the Brightwater regional wastewater treatment system. King County issued the final EIS on the Brightwater regional wastewater treatment system in November 2003. In December 2003, the executive selected the Route 9 - 195th Street system alternative, including a new regional wastewater treatment plant, conveyance facilities with five primary portals and an outfall to Puget Sound, as the final Brightwater alternative. King County is developing the plans, designs, permit applications and other work necessary to obtain necessary project permits and approvals for the construction and operation of the selected Brightwater regional wastewater treatment system.
C. To meet the requirement that the Brightwater regional wastewater treatment system be operational in the year 2010, King County must proceed with the project, including the acquisition of one or more of real property and property rights and/or rights in property.
D. King County is authorized by chapter 8.12 RCW, chapter 36.56 RCW, RCW 35.58.320, RCW 35.58.200, K.C.C. 28.01.030, K.C.C. chapter 28.81 and Ordinance 10531, to acquire and condemn real property for public use for sewage treatment and water pollution abatement facilities.
E. To acquire the property and property rights and/or rights in property necessary to facilitate construction by 2010 of the Brightwater regional wastewater treatment system, including conveyance and outfall facilities, it is necessary for King County to condemn certain lands and property and property rights and/or rights in property, and also to acquire any easements necessary to conduct surveys, environmental reviews and geotechnical reviews, testing and analyses. The acquisition of such property and property rights and/or rights in property is for a public purpose.
F. The King County council finds that public health, safety, necessity, convenience and welfare demand that certain properties and rights in those properties be condemned, appropriated, taken and damaged for the purpose of construction of the Brightwater regional wastewater treatment system, including the conveyance facilities and outfall facilities.
G. The King County council finds that the provision of relocation assistance will help to minimize the impacts of relocation on property owners, tenants and businesses. The King County council finds further that the provision of relocation assistance, consistent with the federal Uniform Relocation and Real Property Acquisition Policies Act, will facilitate future applications for federal grant funding to support construction of the Brightwater treatment plant.
SECTION 2. The King County council has deemed it necessary, for the proposed public purpose and in the best interest of the ratepayers of the regional wastewater treatment system, that the lands described in Attachment A to this ordinance, Property Descriptions, and other property and property rights and/or rights in property be condemned, appropriated, taken and damaged in fee, and for easements for surveys, environmental and geotechnical reviews, testing and analyses, for the purpose of constructing the Brightwater regional wastewater treatment system, including the conveyance facilities and outfall facilities, subject to making or paying of just compensation to the owners herein in the manner provided by law.
SECTION 3. King County shall provide relocation assistance, consistent with the federal Uniform Relocation and Real Property Acquisition Policies Act, to property owners, tenants and businesses forced to relocate as the result of acquisition of property and property rights and/or rights in property in accordance with this ordinance.
SECTION 4. Condemnation proceedings are hereby authorized to acquire property and property rights and/or rights in property described in Attachment A to this ordinance for the purpose of the Brightwater regional wastewater treatment system.
SECTION 5. The attorneys for King County are hereby authorized and directed to begin to prosecute the proceedings provided by law to condemn, take and appropriate the land and other property and property rights and/or rights in property necessary to carry out this ordinance.
SECTION 6. King County shall first initiate independent, certified appraisals to determine fair market value of property interests to be acquired, and then enter into voluntary negotiations with the owners of property described in Attachment A to this ordinance. Condemnation proceedings should be initiated only after the department
determines that voluntary negotiations have failed to reach agreement in a timely manner on a purchase price for property and property rights and/or rights in property described in Attachment A to this ordinance.
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