333 S. Meridian, Puyallup, WA 98371 - 253-841-4321

City of Puyallup

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AI- 3527   5.    
City Council Agenda
Meeting Date: 03/05/2013  
Subject:    Ordinance relating to acquisition of property for the 39th Avenue SW widening project
Presenter: Mark Palmer
Department: Public Works  

Information
Recommended Action
Conduct the first reading of an ordinance authorizing the use of condemnation, if needed, to acquire property rights necessary for the completion of 39th Avenue SW(11th to 17th Streets SW) project.
Background
The 39th Avenue SW (11th to 17th Streets SW) project completes the 39th Avenue SW /112th Street East corridor and is an important project that will help alleviate traffic congestion and improve traffic flow both in the City and between the City and Pierce County on the southwest side of Meridian.

Before bidding and construction of this project can start, the City must acquire portions of various parcels needed for road widening, construction access and easements. The City has hired a WSDOT-approved acquisition agent to acquire by negotiation all the property interests necessary for the project. All good faith efforts will be made by City staff and the acquisition agent to acquire the necessary rights through administrative settlements.

The ordinance authorizes the City Manager to execute all negotiated settlements required for this project within the project's budget limitations. The City Manager is required to regularly report that status of negotiations to the City Council. This ordinance also authorizes the City Manager,  City Engineer and City Attorney to proceed with condemnation proceedings in Pierce County Superior Court in the event that negotiated administrative settlements acceptable to the City Manager cannot be reached. The City's preference is to achieve a negotiated settlement; however, the City Council recognizes that condemnation may be a tool of last resort to protect the public's interest in the project.
Previous Actions (Discussions/Presentations)
December 6, 2011-Council approves budget, including 39th Ave SW, 11th St SW to 17th St SW

March 20, 2012-Council accepts Transportation Improvement Board grant for 39th Ave SW, 11th St SW to 17th St SW

May 1, 2012 Council approves contract award to Parametrix for design of 39th Ave SW, 11th St SW to 17th St SW
Summary of Proposal
Ordinance authorizing the use of condemnation, if needed, to acquire property rights necessary for the completion of the 39th Avenue SW (11th to 17th Streets SW) project.
Alternatives/Options
The City's preference is to achieve negotiated settlement with property owners for the rights necessary to construct this project.

In the event that a negotiated settlement cannot be reached, the City reserves its right to the use of eminent domain and condemnation to acquire the needed property rights to protect the public's interest and necessity of use. Chapter 8.12 RCW requires cities to pass an ordinance as a prerequisite to commencing any condemnation action.

Fiscal Impact
Attachments
Ordinance
ROW plans
Legal descriptions

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