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HomeMy WebLinkAboutORD 1390a y � ORDINANCE NO. 1390 AN ORDINANCE of the City of Renton, Washington, authorizing and directing the City Attorney and special associate counsel of the City to file an amended petition in eminent domain in a cause in the Superior Court of the State of Washington for King County, providing for the acquisition by the City of certain facilities and properties now owed, operated, and maintained by the Puget Sound Power & Light Company, a corporation, and ratifying the filing of the petition in eminent domain in said cause. WHEREAS, on September 5, 1950, Ordinance No. 1382 of the City of Renton, Washington, was adopted, wherein it was provided that the City should acquire by purchase or condemnation, or in the alternative that it construct, an electric power system for the City, and in order to provide funds to carry out said plan that it issue its electric power revenue bonds in the principal sum of not to exceed $6,150,000; and WHEREAS, the question of whether or not said bonds should be issued for such purposes was submitted to the qualified electors of the City at a special election held therein on October 17, 1950, in the manner required by law; and WHEREAS, on October 17, 1950, the City Council adopted Resolution No. 785, authorizing and directing the City Attorney and special associate counsel to Institute and prosecute an action in the proper court or courts in the name of the City of Renton, under its right of eminent domain for the acquisition of any and all properties, facilities, franchises, rights and interests of the Puget Sound Power & Light Company, the acquisition of which is .authorized by said Ordinance No. 1382 of the City, if the qualified electors of the City voting at such special election duly ratified and adopted the proposition set forth in said Ordinance; and W133EAS, the proposition submitted to the electors at said election received the necessary majority of votes required by law; and WHEREAS, after said election and pursuant to said Resolution a petition in emineht domain, wherein the City of Renton was the petitioner and "Puget Sound Power & Light Company, a corporation, Old Colony Trust Company, a corporation, and all other persons and parties unknown claiming any right, title, estate, lien or interest in the real estate described in the petition herein" were the respondents, was filed in the Superior Court of the State of Washington for King County, under cause No. 426151; and WHEREAS, in order to carry out said plan it has now been determined that the public interest, welfare, convenience and necessity require that said petition be amended, and thst the City acquire the facilities and properties now owned, maintained and operated by the Puget Sound Power & Light Company, a corporation, hereinafter described; and WHEREAS, it is deemed necessary that special counsel be re- tained to act with the City Attorney in preparing and filing said amended petition in the name of the City in said cause for the acquisition of said properties and to prosecute said cause, NOW, THEREFORE, be it ordained by the Mayor and City Council of the City of Renton Washington, as follows: Section 1. That the filing of the petition in eminent domain in that certain cause entitled "City of Renton, a municipal cor- poration, Petitioner, vs. Puget Sound Power & Light Company, a cor- poration; Old Colony Trust Company, a corporation; and all other persons and parties unknown claiming any right, title, estate, lien or interest in the real estate described in the petition herein, respondents",t and filed under County Clerk's number 426151 in the Superior Court of the State of Washington for King County, be and the same is hereby in all respects ratified and confirmed. Section 2. It is hereby found anddeclared that the public interest, welfare, convenience and necessity require that the City of Renton acquire the following described facilities and real and 2. personal property of the Puget Sound Power & Light Company, a 'cor- poration: (a) All of the poles, towers, and fixtures, overhead, under- ground and submarine conduits, conductors and devices, substations and station equipment, buildings and structures, line transformers, lines, wires, connections, services, meters, installations and leased property on customers' premises, street lighting and signal systems, fixtures, machinery, equipment, appurtenances, accessories, permits, easements, rights of way, franchises, contracts, leases and leasehold interests, and all real and personal property and interests therein, now owned by the Puget Sound Power & Light Company, a Massachusetts corporation, which are used or useful for the distribution and sale of electricity and which are located within the City of Renton. (b) The following described real property, with all improve- ments thereon, situated in King County, State of Washington, and described as follows: 1. Beginning at the Southwest corner of Section 17, Township 23 North, Range 5 East W.M.; thence East along the South line of said Section 17, 82 feet more or less, to the Southerly boundary of Grady Way, the true point of beginning; thence Easterly along the South line of said Section 17 to a point 445.3 feet East of the Southwest corner of said Section 17; thence Northerly parallel to the -West line of said Section 17, 150 feet; thence Westerly parallel to the South line of said Section 17, 57.3 feet; thence Northerly parallel to the West line of said Section 17, 150 feet more or less, to the Southerly boundary of Grady Way; thence South— westerly outhwesterly along said boundary of Grady Way 430 feet, more or less, to the South line of said Section 17, which is the true point of beginning, all in King County, State of Washington. 2. Lots 1 and 2, Block 4. Car Works Addition to the City of Renton, Washington. (c) The South J of the Southwest t of Section 19, Township 24 North, Range 8 East W. M.; the Northwest of Section 30, Township 24 North, Range 8 East W. M.; and that portion of the Southwest of the Northeast of Section 30, Township 24 North, Range 8 East 3. W.M. which lies south and west of the Snoqualmie River, all in King County, Washington; together with all improvements, machinery, equipment, and personal property located thereon and used or useful in the development, production and generation of hydroelectric power and energy; and all permits, licenses, franchises, leases and leasehold interests, used or useful in the development, production and generation of hydroelectric power and energy on the Snoqualmie River; provided, however, that"the transmission lines and rights-of-way therefor, power sub- stations and sites on which the same are situated, located on the above described properties, shall not be included in the properties to be acquired. Section 3. That the moneys necessary for payment of the cost of the acquisition of said facilities and properties shall come from the sale of so much of the $6,150,000 of revenue bonds authorized by Ordinance 1382 of the City and approved by the qualified electors thereof at the special election held within the City on October 17, 1950, as may be necessary. Section 4., That Preston, Thorgrimson & Horowitz, attorneys at law, of Seattle, Washington, be and they are hereby retained by the City as special associate counsel in this matter and said special counsel and the city attorney are hereby authorized and directed to prepare and file an amended petition in eminent domain in said cause of action in the name of the City for the acquisition of the properties described and in Section 2 of this Ordinance/to prosecute the same. PASSED by the Council of the City of Renton, Washington, and approved by its Mayor this -?/4�' day of _.1950• C C Y 0' RENTON, W48ffligGTON By Attest: M A y o r "y erk Ap o, -as to forma i ty Attorney Date of Publication 11ovember 21 1950. STATE OF WASHINGTON ) ( SS: COUNTY OF K I N G ) I, WILEY CROOK, the duly elected, qualified and acting City Clerk of and for the City of Renton, Washington, do hereby certify that the foregoing is a true and correct copy of Ordinance No. 1.690 of the City of Renton, as it appears on file in the records of my office in said City, and as the same was duly and regularly adopted, passed, and approved on the 31st day of October, 1950. IN WITNESS WHEREOF, I have hereunto set my hand and the official seal of the City of Renton, Washington, this day of 0""e,z e H ,_ 1960. WI Y CROOK City Clerk (SEAL) //