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ORDINANCE Page 2 <br /> <br />H. The City Council finds and concludes that the public health, safety, necessity, and convenience <br />demand that the City undertake the Everett Outdoor Event Center Project at this time and that, <br />in order to carry out the Everett Outdoor Event Center Project, it is necessary for the City to <br />acquire the land and real property rights described in this Ordinance. <br /> <br />I. The City Council finds and concludes it necessary and in the best interests of the public that the <br />City acquire the EOEC Properties, subject to the making or paying of just compensation to the <br />owners thereof. <br /> <br />J. The City Council intends to pay for the land and real property rights to be acquired through <br />eminent domain from the general funds of or other funds available to the City. <br /> <br />NOW, THEREFORE, THE CITY OF EVERETT DOES ORDAIN THAT: <br />Section 1. The “WHEREAS” provisions of this ordinance shall constitute findings, <br />determinations, and conclusions of the City Council, which are incorporated by reference as if fully set <br />forth herein. <br />Section 2. The City Council finds and concludes that the land and real property rights within the <br />City of Everett, Snohomish County, Washington, referred to as the EOEC Properties and described and <br />depicted in Exhibit “A” attached hereto, are necessary and must be acquired for the Everett Outdoor <br />Event Center Project, subject to making or paying just compensation to the owners thereof in the <br />matter provided by law. <br /> <br />Section 3. The City Council finds and concludes that the use of the EOEC Properties for the <br />Everett Outdoor Event Center Project is a public use. The City specifically finds and concludes that the <br />acquisition of the EOEC Properties is necessary for that public use and is in the best interests of the <br />citizens. <br /> <br />Section 4. The Mayor, or her designee, is authorized to take all actions necessary to acquire the <br />EOEC Properties or interests therein, including through the exercise of eminent domain if necessary. The <br />Mayor is also authorized pursuant to this Ordinance to enter into any agreements needed to acquire the <br />EOEC Properties and facilitate relocation under applicable law, including but not limited to, agreements <br />to acquire the land and real property rights voluntarily in lieu of eminent domain, purchase and sale <br />agreements, option agreements, settlement agreements, and lease agreements. The City will not close <br />the purchase of an ECOC Property or take possession of an ECOC Property unless the purchase and sale <br />agreement, option agreement, settlement agreement, lease agreement or other agreement is approved <br />by the City Council and the City Council provides the necessary funding. <br /> <br />Section 5. The cost and expense of acquiring the land and real property rights described in this <br />Ordinance shall be paid from general funds of or other funds available to the City, all as authorized by <br />the City Council. <br /> <br />Section 6. Should any section, paragraph, sentence, clause, or phrase of this ordinance, or its <br />application to any person or circumstance, be declared unconstitutional or otherwise invalid for any <br />reason, or should any portion of this ordinance be preempted by state or federal law or regulation, such