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HomeMy WebLinkAboutR-2003-145 Cottonwood Annexation ElectionRESOLUTION NO. R-2003- 145 A RESOLUTION of the City Council requesting that the Yakima County Auditor call and conduct a special election on February 3, 2004 regarding the proposed annexation of certain property, commonly known as the Cottonwood Annexation, to the City of Yakima. WHEREAS, on May 20, 2003, and pursuant to RCW 35.13.015, the City Council of the City of Yakima passed Resolution No. R-2003-72, finding and declaring that the best interests and general welfare of the City of Yakima would be served by the annexation of certain unincorporated property, commonly known as the "Cottonwood Annexation," which territory is legally described on attached and incorporated Exhibit "A;" and WHEREAS, the Cottonwood Annexation property is contiguous to the City of Yakima and is in the Yakima Urban Growth Area; and WHEREAS, in passing Resolution No. R-2003-72, the City Council of the City of Yakima also resolved that the proposed Cottonwood Annexation would be submitted to an election by the residents of the area to be annexed, and that the City would pay for all costs associated with said election as provided for by applicable law; and WHEREAS, in passing Resolution No. R-2003-72, the City Council of the City of Yakima also resolved that said election would also require the Cottonwood Annexation to be "assessed and taxed at the same rate and on the same basis as property of the City of Yakima is assessed and taxed to pay for all or any portion of existing outstanding indebtedness of the City of Yakima; " and WHEREAS, on or about July 17, 2003, Yakima County Fire Protection District No. 12 requested that the Washington State Boundary Review Board for Washington State review the proposed Cottonwood Annexation; and WHEREAS, said Board held public hearings regarding the annexation on September 5 and September 23, 2003; and WHEREAS, a motion to deny the Cottonwood Annexation was made but was not seconded and was not voted upon; and (1k)res/cottonwood annexation election/pm Last Edit 12/3/03/KR WHEREAS, a motion to approve the Cottonwood Annexation resulted in a 2-2 tie vote of said Board, and resulted in the Board making no decision and taking no action on the Cottonwood Annexation; and WHEREAS, as said Board made no decision and took no action on the proposed Cottonwood Annexation, it is appropriate under RCW Chapter 36.93 for an election to be called and held on the proposed Cottonwood Annexation; and WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to reaffirm City of Yakima Resolution No. R-2003-72, and to request that the Yakima County Auditor call and conduct a special election on February 3, 2004 regarding the proposed annexation of certain property, commonly known as the Cottonwood Annexation, to the boundaries of the City of Yakima., now, therefore, BE IT RESOLVED BY TIIE CITY COUNCIL OF THE CITY OF YAKIMA: 1. City of Yakima Resolution No. R-2003-72 is hereby reaffirmed in its entirety, and a copy of said Resolution is attached and incorporated as Exhibit "B." 2. It is again determined that the best interests and general welfare of the City of Yakima would be served by the annexation of certain unincorporated property, commonly known as the "Cottonwood Annexation," which territory is legally described on attached and incorporated Exhibit "A." 3. The proposed Cottonwood Annexation shall be submitted to an annexation election of the registered voters who have resided in the area proposed to be annexed for ninety (90) days immediately preceding the election. The approximate number of such voters is two (2). 4. That the Yakima County Auditor call a special election/annexation election under the authority of RCW 35.13.095 to be held on Tuesday, February 3, 2004, for the purpose of submitting to the registered voters residing within the proposed Cottonwood Annexation the following propositions: • For annexation to the City of Yakima of the following described unincorporated property within the Yakima Urban Growth Area, and for providing that the property annexed shall be assessed and taxed at the same rate and on the same basis as property of the City (lk)res/ cottonwood annexation election/pm Last Edit 12/3/03/KR of Yakima is assessed and taxed to pay for all or any portion of existing outstanding indebtedness of the City of Yakima. Against annexation and the property annexed being assessed and taxed at the same rate and on the same basis as property of the City of Yakima is assessed and taxed to pay for all or any portion of existing outstanding indebtedness of the City of Yakima. 5. The City of Yakima shall pay all costs associated with said special election/annexation election as provided for by applicable law. ADOPTED BY THE CITY COUNCIL this 2nd day of December, 2003. ATTEST: City Clerk (1k)res/cottonwood annexation election/pm Last Edit 12/3/03/KR 49/ Place, Mayor LEGAL DESCRIPTION FOR THE COTTONWOOD ANNEXATION All in the West Half of the Northeast Quarter AND the East Half of the Northwest Quarter of Section 30, Township 13 North, Range 18 East, W.M., being further described as follows: Beginning at the point of intersection of the South right-of-way line of Tieton Drive and the East line of the Yakima Valley Canal; thence Southerly and Westerly along the East line of said canal to the West line of the Northwest Quarter of Section 30; thence South following along the subdivision line to the North line of the Southeast Quarter of the Northeast Quarter of the • Northwest Quarter; thence West following along the subdivision line to the West line of the East Half of the Northeast Quarter; thence South along the subdivision line to the South line of the Northeast Quarter of the Northwest quarter; ;thence West along the subdivision line to the West line of the East Half of the Northwest Quarter; thence South along the subdivision line to the South line of the Northwest Quarter; thence East along the East/West centerline of Section 30 to the East line of the West ,Half of the Northeast comer, thence North following along the subdivision line to the North line of the Southwest Quarter of the Northeast Quarter, thence West along the subdivision line to a point on the East line of Lot "B", Short Plat J-44; thence South along said East line to the Southeast comer of said Lot "B"; thence West to the Southwest corner of said Lot "B" also known as the West line of the East Half of the Northwest Quarter of the Northeast Quarter; thence North along the subdivision line to the South right-of-way line of Tieton Drive; thence Westerly along the South line of Tieton Drive to the point of beginning. EXCEPT, the West 528.50 feet of the Southeast Quarter of the Northwest Township 13 North, Range 18 East, W.M., EXCEPT the North 60 feet thereof. of Section 30, YAKIMA COUNTY PUBLIC WORKS DEPARTMENT Checked for Accuracy of Legal Description Only: Ja•'k M. A• ino, SR/WA Ri: t -o ay Manager EXHIBIT LA" RESOLUTION NO. R-2003- 72 A RESOLUTION OF THE CITY OF YAKIMA, WASHINGTON, INITIATING AN ANNEXATION BY THE ELECTION METHOD PURSUANT TO RCW 35.13.015 WHEREAS, certain real property described herein is contiguous to the City of Yakima and is located within the Yakima Urban Growth Area; and, WHEREAS, the annexation of said real property is in the best interests and general welfare of the City of Yakima, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA as follows: 1. An election shall be held to submit the annexation initiated herein to those voters resident in the subject proposed annexation area pursuant to RCW 35.13.070. 2. The following described real property shall be included in said annexation election: See attached legal description for the Cottonwood Annexation. 3. The number of voters residing within the territory described herein is believed to be two (2). 4. By this Resolution, the City of Yakima prays for the calling of an election to be held among the qualified voters resident in the territory described herein upon the question of annexation. 5. The City of Yakima shall pay all costs associated with the said election as the same may be provided for by applicable law. 6. Said election will require that the territory described herein be assessed and taxed at the same rate and on the same basis as property of the City of Yakima is assessed and taxed to pay for all or any portion of existing- outstanding indebtedness of the City of Yakima. ADOPTED BY THE CITY COUNCIL this/ L day of Ma' , 2003. ATTEST: FAFIEN City Clerk S/ MARY PLACE Mary Place, Mayor EXHIBIT B ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of: December 2, 2003 Consideration of a resolution requesting that the Yakima County Auditor call and hold a special/annexation election regarding the proposed "Cottonwood Annexation." SUBMITTED BY: Bill Cook, Director of Community and Economic Development CONTACT: Bill Cook, 575-6113 SUMMARY EXPLANATION: At the request of the respective property owner, on May 20, 2003, and pursuant to RCW 35.13.015, the City Council of the City of Yakima passed Resolution No. R-2003-72, finding and declaring that the best interests and general welfare of the City of Yakima would be served by the annexation of certain unincorporated property, commonly known as the "Cottonwood Annexation." The City Council also resolved that the proposed Cottonwood Annexation would be submitted to an election by the residents of the area to be annexed. On or about July 17, 2003, Yakima County Fire Protection District No. 12 requested that the Washington State Boundary Review Board for Washington State review the proposed Cottonwood Annexation. The Board held public hearings regarding the annexation on September 5 and September 23, 2003. A motion to deny the Cottonwood Annexation was made but was not seconded. A motion to approve the Cottonwood Annexation ended in a 2-2 tie vote of the Board, and resulted in the Board making no decision and taking no action on the Cottonwood Annexation. Accordingly, under RCW Chapter 36.93 the proposed Cottonwood Annexation is deemed approved by the Board and it is appropriate for an election to be held on the proposed Cottonwood Annexation. The attached resolution requests that the Yakima County Auditor call and hold a special/annexation election on the proposed Cottonwood Annexation on Tuesday, February 3, 2004. The City will be responsible for the costs of the election. As the election involves only two residents, those costs should be minimal. Resolution X Ordinance Other (Specify) Contract Mail to (name and address): Funding Source APPROVED FOR SUBMITTAL: Manager STAFF RECOMMENDATION: BOARD RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2003-145 Adopt resolution.