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HomeMy WebLinkAbout1977-2077 IRRIGATION SYSTEM SERVING LARSON’S LOTS ADDITION; LARSON’S LOTS NO. 2 ADDITION; CREATING IRRIGATION MAINTENANC ORDINANCE NO. 02 AN ORDINANCE accepting the conveyance to the City of Yakima of an irrigation system serving Larson's Lots Addition to the City of Yakima, Larson's Lots No. 2 Addition to the City of Yakima, and adjacent property; and accepting the transfer to the City of rights to receive delivery of and distribute irrigation water through that system; creating Irrigation Maintenance District No. 997; setting a public hearing to assess property within that Irrigation Maintenance District and pro- viding for the levy and collection of assessments; and declaring an emergency. WHEREAS, the owners of all property constituting Larson's Lots Addition to the City of Yakima, recorded in Volume S of Plats, page 30, records of Yakima County, Washington, and all lots (except Lots No. 8 and 9) in Larson's Lots No. 2 Addition to the City of Yakima recorded in Volume T of Plats, page 60, records of Yakima County, Washington, and the owner of the following described parcel situated in the City of Yakima, Yakima County, Washington, to wit: 411 The east 64.5 feet of the west 397.5 feet of the north 141 feet of the south 171 feet of the southwest quarter of the southwest quarter of Section 15, Township 13 North, Range 18, E.W.M. (4609 Englewood Avenue), have conveyed to the City of Yakima ownership of the irrigation water system serving such property, and have transferred to the City the right to receive delivery of irrigation water and to distribute j irrigation water to all the above described property, and WHEREAS, simultaneously with the conveyance and transfer, the owners of all the above described property have requested the City to create an irrigation maintenance district, to be composed of all property above described, and have consented to the assessment by the City of the various lots within that proposed district to pay IP 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 the above described property as requested; and the City Council desires to hold a hearing to determine and levy proper amounts of assessments against the property within that district to pay for irrigation maintenance service for the current year, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The City of Yakima does hereby accept the con- veyance to the City, from owners of the property described herein- above, of the irrigation water system serving that property, and the City does hereby accept the transfer to it of the right to receive and distribute irrigation water appurtenant to the land within that district, all in accordance with the conveyance and transfer as provided by the "Irrigation Agreement and Transfer of Irrigation Water Rights and Irrigation System" 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. 997 is hereby created to consist of all the lots and parcels of real estate con- stituting Larson's Lots Addition to the City of Yakima, recorded in Volume S of Plats, page 30, records of Yakima County, Washington, and all lots (except Lots No. 8 and 9) in Larson's Lots No. 2 Addi- tion to the City of Yakima, recorded in Volume T of Plats, page 16, records of Yakima County, Washington, together with the following described parcel situate in the City of Yakima, Yakima County, Wash- ington, to wit: The east 64.5 feet of the west 397.5 feet of the north 141 feet of the south 171 feet of the southwest quarter of the southwest quarter of Section 15, Township 13 North, Range 18, E.W.M. (4609 Englewood Avenue), 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 -2- 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 411/ Municipal Code and Chapter 35.92 of the Revised Code of Washington. Section 3. Anticipated expenses for the current year to obtain irrigation water for and 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 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. Section 4. The Superintendent of the Water Division of the Department of Public Works of the City of Yakima 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 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 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 contem- plated by this ordinance according to the procedure provided by Sections 7.24.050 and 7.24.055 of the City of Yakima Municipal Code. -3- Section 6. The assessments levied pursuant to this ordinance shall constitute liens against the various lots, tracts and par- cels of land against which assessments are levied, and such assess- ments 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 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 /3 day of 1977. II! • Mayor ATTEST: City ilerk -4-