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HomeMy WebLinkAbout1974-1652 KERN ADDITION IRRIGATION SYSTEM; CREATING IRRIGATION MANTENANCE DISTRICT NO. 996. ORDINANCE NO. /6,52_, AN ORDINANCE accepting the conveyance to the City of an irrigation system serving Kern Addition to the City of Yakima; and accepting the transfer to the City of rights of the owners of property in Kern Addition to receive delivery of and distribute irrigation water to the property in Kern Addition; creating Irrigation Maintenance District No. 996; setting a public hearing to assess property within that Irrigation Maintenance District for costs incurred to date and for maintenance for the current year; providing for the levy and collection of assess- ments; and declaring an emergency. WHEREAS, the owners of all property constituting Kern Addition to the City of Yakima, according to the plat thereof recorded in Volume "S" of Plats, page 18, records of Yakima County, Washington, have conveyed to the City of Yakima ownership of the irrigation water system serving such property, and have transferred tol the City the right to receive delivery of irrigation water, according to water rights appurtenant to the land in Kern Addition, and to distribute irrigation water to all the various lots in Kern Addition, and WHEREAS, simultaneously with the conveyance and transfer, the owners of all property in Kern Addition have requested the City to create an irrigation maintenance district, to be composed of all property in Kern Addition, and have consented to the assessment by the City of the various lots in Kern Addition to pay costs and expenses of maintaining such water system and providing water for delivery to such system, all in accordance with Chapter 7.24 of the City of Yakima Municipal Code, and WHEREAS, the City Council deems it to be in the best interests of the City to create an irrigation maintenance district to serve 411 Kern Addition as requested; and the City Council desires to determine and levy the proper amount of assessments against property within • the district to pay for previous services to that property, for costs of creating the district and for maintenance and operation expenses anticipated for the district for the current year, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The City of Yakima does hereby accept the conveyance to the City, from owners of the property constituting Kern Addition to the City of Yakima, of the irrigation water system serving Kern Addition, and the City does hereby accept the transfer to it of the right to receive irrigation water appurtenant to the land within said Kern Addition and to distribute water to property within Kern Addition, all in accordance with such conveyance and transfer provided by the "Transfer of Irrigation. Water" document attached to this ordinance, which document is by this reference made a part hereof as if fully set out herein. Section 2. Irrigation Maintenance District No. 996 is hereby created to consist of all the lots and parcels of real estate con- stituting Kern Addition to the City of Yakima, according to the plat thereof recorded in Volume "S" of Plats, page 18, records of Yakima County, Washington, which district shall be administered by the City for the operation, maintenance and repair of the irrigation water system conveyed to the City by the transfer document attached hereto, including the receipt and delivery of irrigation water through such system, all as contemplated by the transfer document attached hereto and all pursuant to and in accordance with Chapter 7.24 of the City of Yakima Municipal Code and Chapter 35.92 of the Revised Code of Washington. Section 3. The actual costs and expense of creating such irri- gation maintenance district and of previous services performed by 110 the City for the benefit of the property within such district, and anticipated expenses for the current year to obtain irrigation water for and to deliver it to, the property within such district and for operating, maintaining and repairing the irrigation water system serving such district shall be levied against all property within -2- such district in accordance with the special benefits conferred on such property in proportion to the surface area thereof, with one square foot of surface area to be the unit of measurement. 411 Section 4. The Director of Public Works is hereby directed to prepare and file with the City Clerk an assessment roll embracing all lots, tracts and parcels of land within the limits of such irrigation maintenance district in the manner described by Section 7.24.030 of the City of Yakima Municipal Code, to levy assessments for actual costs and expenses and for anticipated expenses specified in Section 3 of this ordinance. The City Clerk shall thereupon give notice of a public hearing to owners or reputed L owners of property within such irrigation maintenance district in the manner described. by Section 7.24.040 of the City of Yakima Municipal Code, such hearing to be held at a time not less than fifteen days from the date of giving such notice, with the precise date for such hearing 411 to be determined by the City Clerk. Section 5. A public hearing shall be held according to such notice and proceedings shall be had to levy assessments as contemplated by this ordinance according to the procedure provided by Sections 7.24.050 and 7.24.055 of the City of Yakima Municipal Code. Section 6. The assessments levied pursuant to this ordinance shall constitute liens against the various lots, tracts and parcels of land against which assessments are levied, and such assessments shall be subject to foreclosure, and collection may be otherwise enforced by discontinuing water service, as provided by Sections 7.24.070 and 7.24.080 of the City of Yakima Municipal Code. Section 7. This ordinance is one to provide for the immediate preservation of the public peace, property, health, safety and welfare of the people of the City of Yakima and an emergency is hereby declared to exist and this ordinance shall be in full force and effect -3- .. . . • immediately upon its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this day Aght t lir of 46rt „ . „. 4... „ ... _, 1974. i ' . Mayor - ATTEST: / . f d - ; ty Cler, ,,, / 41110 4111 ‘ . -4-