HomeMy WebLinkAbout2009-045 Repeal LID 1059, Vicinity of North 69th Avenue and Englewood Terrace [Local Improvement District] ORDINANCE NO. 2009 -45
AN ORDINANCE repealing a sewer line Local Improvement District located in the vicinity
of North 69 Avenue and Englewood Terrace within the City of Yakima,
previously established in Ordinance 2004 -58 on October 5, 2004, and
known as LID No 1059
WHEREAS, sewer Local Improvement District 1059 (hereafter LID) was established by
the City Council on October 5, 2004 under Ordinance 2004 -58 After the LID was established,
the City began initial efforts to design the project and route the sewer pipe intended to serve
the LID area identified in the Ordinance and known as the "Englewood Terrace" LID; and
WHEREAS, the project design required sewer installation across several participating
property owner's properties, which installation had been initially accepted by the participants of
the LID; and
WHEREAS, as the design phase for the project was being completed and property
owners were being approached for the necessary easements to allow the sewer line
installation, one or more of the participating property owners objected to the required
easements and refused to cooperate with the City's requests; and
WHEREAS, the City explored many possible altematives to try to design the project
around the non - participating party but ultimately the altematives were either unacceptable
geographically, economically due to higher costs, or were not approved by the property owner
participants for permission to allow the pipe installation to occur and
WHEREAS, After many years without any progress toward a viable solution the City
believes it is necessary to repeal Ordinance 2004-58, terminate the LID 1059 project attempt,
and thereby allow an opportunity to establish a new LID, possibly including some of the original
participants from LID 1059, as well as other property owners seeking City sewer service,
thereby allowing new and better altematives for reaching the area with sewer lines; and
WHEREAS, because there are no viable means to complete LID 1059 it is appropriate
that the LID be repealed to dose it out and allow an opportunity for property owners in the area
to seek a better more acceptable means of providing sewer service for those desiring it in the
Englewood Terrace area; Now, Therefore
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Ordinance 2004-58 initiating LID No 1059 is hereby repealed in its
entirety, thereby terminating any further process or proceeding under said Ordinance intended
to establish sewer lines to serve the Englewood Terrace area. This action of repeal shall have
no effect upon subsequent efforts to establish sewer service into the Englewood Terrace area
under some other LID or alternative means. There shall be no costs associated with this
repeal that must be allocated to the participants of LID 1059
Section 2. This ordinance is one relating to local improvements or assessments
therefore, and shall become effective immediately upon its passage, approval and publication
as provided by law and by the City Charter
(jc)ord /Englewood Terrace 1
LID repeal
PASSED BY THE CITY COUNCIL, signed and approved this 20 day of October,
2009
Ji
Lif JI
ATTEST David iavid Edler, Mayor
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City C rk
Publication Date 10/23/09
Effective Date 10/23/09
(j c)ord /Englewood Terrace 2
LID repeal
BUSINESS OF THE CITY COUNCIL
• YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No ) 1
For Meeting of 10/20/09
ITEM TITLE Intent to repeal Ordinance 2004 -58 initiating Englewood Terrace
Sewer L I D #1059
SUBMITTED BY William Cook, Director of Community and Economic Development
CONTACT PERSON /TELEPHONE Douglas Mayo, City Engineer — 576 -6678
SUMMARY EXPLANATION
Formed By Ordinance No 2004 -58 Dated Oct. 5, 2004
Local Improvement District No 1059 has languished since approval by Council on October 5, 2004
due to a number of problems encountered after its formation The planned alignment for the sewer
from its downstream connection point to and through the L I D site was intended to go through
properties outside of the boundary of the L I D and proceed into the L I D area through one of the
participating property owner's parcel That participating property owner subsequently objected to
locating the sewer within his parcel, effectively stopping the project until a new alignment could be
found A number of alternatives were explored, one of which showed a high degree of promise
However, the new proposed alignment was longer, thereby resulting in increased project cost to
® participants of the L I D The increased cost over the original proposal was not acceptable to the
LID participants A number of them decided they no longer were in favor of proceeding
By repealing the Ordinance that established LID 1059, it may be possible to provide new
alternative access for sewer to the Englewood Terrace area consisting of the original
plus a few new participants We hope to bring Council a new LID ordinance at a later
date
There are no costs associated with this repeal
Resolution Ordinance X Other (Specify)
Contract Mail to (name and address)
Funding Source
APPROVED FOR SUBMITTAL -,�� City Manager
STAFF RECOMMENDATION Approve the Ordinance to repeal
COUNCIL ACTION