Ordinance 3964-23 - Laserfiche WebLink

WAITS MOTEL EMINENT DOMAIN ORDINANCE Page 2 of 3 F.The City Council on July 12, 2023, adopted a Resolution entitled “A Resolution Declaring the Acquisition of the Property Located at 1301 Lombard Ave., Commonly Known as the Waits Motel, Is Necessary to Eliminate Neighborhood Blight.” This resolution is referred to in this Ordinance as the “Waits Motel Resolution.” In the Waits Motel Resolution, the City Council declared that the Waits Motel constitutes neighborhood blight and that the acquisition of the Waits Motel is necessary to eliminate neighborhood blight. G.The Waits Motel Resolution relied in part on the “Executive Determination By Mayor Cassie Franklin under RCW 35.80A.010 Regarding the Waits Motel” dated July 6, 2023. This is referred in this Ordinance as the “Waits Motel Executive Determination.” In the Waits Motel Executive Determination, Mayor Franklin determined, pursuant to RCW 35.80A.010, that the Waits Motel constitutes a threat to public health, safety and welfare. A copy of the Waits Motel Executive Determination is attached to the Waits Motel Resolution. H.The Waits Motel Resolution relied on the Declaration of Everett Police Chief Dan Templeman dated July 5, 2023, which is attached to the Waits Motel Executive Determination. This is referred in this Ordinance as the “Templeman Declaration.” The Templeman Declaration includes many examples of the Waits Motel as a venue for persons engaging in illegal drug and other criminal activity and as a threat to public health, safety and welfare. The Templeman Declaration also shows that the Waits Motel and has been associated with illegal drug activity during the previous twelve months. I.Using an independent appraiser, the City has appraised the fair market value of the Waits Motel. The City has and will negotiate in good faith with the owner(s) of the Waits Motel for the voluntary acquisition of the Waits Motel, if possible. J.The City has complied with the notice requirements set forth in RCW 8.25.290 by providing notice to the owner of the Waits Motel of the planned final action adopting this Ordinance, and through publication once per week for two weeks, prior to the passage of this Ordinance. K.Payment of just compensation and costs of litigation will be made from the City's General Fund or from such other funds as the City Council may make available for this purpose. NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN: Section 1. Incorporation of Recitals. The recitals set forth above are hereby adopted and incorporated herein as if set forth in full. Section 2. Public Use and Necessity. A.The City Council finds, concludes, declares, and determines that the Waits Motel constitutes neighborhood blight and that the condemnation and acquisition of the Waits Motel is necessary to eliminate neighborhood blight. Public use and necessity require that the City condemn and acquire the Waits Motel for purpose of eliminating neighborhood blight. B.The City Council adopts as its findings of fact in support of this Ordinance the facts set forth in the Waits Motel Resolution, including the Waits Motel Executive Determination of Mayor Cassie Franklin determining that the Waits Motel constitutes a threat to public health, safety and welfare and the Templeman Declaration. The Waits Motel Executive Determination and the Templeman Declaration attached thereto are incorporated herein by this reference.