ORD 73-02 MUNICIPAL SEWER TREATMENT FACILITYORDINANCE NO. "7 -~ -,,
AN ORDINANCE DECLARING A PUBLIC USE AND NECESSITY FOR
THE ACQUISITION AND TAKING OF FEE TITLE TO CERTAIN PARCELS OF
PROPERTY FOR THE PURPOSE OF CONSTRUCTING A MUNICIPAL SEWER
TREATMENT FACILITY; PROVIDING FOR THE AUTHORIZATION OF THE CITY
ATTORNEY TO INITIATE AND PROSECUTE CONDEMNATION PROCEEDINGS,
APPROPRIATION, TAKING AND DAMAGING OF LAND AND PROVIDING FOR
PAYMENT THEREFORE.
THE CITY COUNCIL OF THE CITY OF WINSLOW DOES ORDAIN
AS FOLLOWS:
SECTION 1: The protection of the public health,
safety and welfare of the residents of the City of Winslow de-
mands and requires the improvement of sewage disposal facilities
and elimination of discharge of raw sewage into tidal waters
of Puget Sound, and the construction of a sewage treatment plant
to process and integrate into existing sewage disposal systems.
For this purpose the City of Winslow, acting through its City
Council hereby finds and declares that the public necessity and
convenience require acquisition of the real property parcels
described as set forth in exhibit A, attached hereto and in-
corporated by reference herein, situate within the City of Win-
slow, Kitsap County, Washington, to be made subject to acquisi-
tion either by purchase or condemnation for public use for the
construction and installation of the municipal sewer treatment
facility and plant.
SECTION 2: The cost of the acquisition and compensa-
tion for land taken shall be paid by the City of Winslow from
funds applicable thereto, to wit, from funds established and to
be established by the City of Winslow for that purpose including
but not limited to certain grants and matching funds in these
premises provided and to be provided.
SECTION 3: The City Attorney is hereby authorized and
directed to begin proceedings looking to the purchase and acquisi-
tion of the necessary real property for the sewage treatment plant
site and to the extent necessary to prosecute the proceeding in
the manner provided by law to condemn, take, appropriate, and
damage the land, rights, privileges and other property necessary
to carry out the provisions of this Ordinance and to petition the
Superior Court for an Order Adjudicating Public Use and Necessity
and to negotiate with the owners for the agreed acquisition of
said parcels, failing which negotiations to proceed to trial on
the issues of just compensation and special benefits.
Ordinance
Page 2
SECTION 4: If any section, sentence, clause, or
phrase of this Ordinance should be held to be invalid for any
reason, the invalidity thereof shall not affect the validity
of any other section, sentence, clause, or phrase of this Or-
dinance.
SECTION 5: This Ordinance shall take effect imme-
diately upon its passage, approval and publication.
PASSED BY THE CITY COUNCIL ON THIS ~":~ day of
,1973, AND SIGNED IN AUTHENTICATION OF
ITS PASSAGE THIS
day of :. .... :I .,.. :~ ,~ i ,1973·
ATTEST: ,-'?
'City Clerk-Treasurer
Date of Publication: ,,.
Date of Posting:
Approved as to Form:
MORIARTY, LONG, MIKKELBORG & BROZ
· M~kkelb. org .
SEWER TREATMENT PLANT ACQUISITION/CONDEMNATION PARCELS
ORDINANCE NO. ?~ ~
EXHIBIT A
Sarah H. Newland:
Lots 8 and 9, Block 5, William's Eagle Harbor Park
Addition, According to Plat Recorded in Volume 3 of
Plats, Page 86, in Kitsap County, Washington.
Horace R. Winney:
The Northeasterly 30 Feet of Lot 7 and all of Lot
8 and 9, Block 4, Williams Eagle Harbor Park, Accord-
ing to Plat Recorded in Volume 3 of Plats, Page 86,
in Kitsap County, Washington.
Carol J. Hall - Estate:
1. Lot 10, Block 5, William's Eagle Harbor Park,
According to Plat Recorded in Volume 3 of Plats,
Page 86, in Kitsap County, Washington.
2. Lots 10 through 13, Inclusive, Block 4, William's
Eagle Harbor Park, in Kitsap County, Washington,
According to Plat Recorded in Volume 3 of Plats,
Page 86, Records of Said County.