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HomeMy WebLinkAbout10/20/2009 18 Englewood Terrace Sewer LID No. 1059 Repeal BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON • AGENDA STATEMENT Item No. - 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: —,v� City Manager STAFF RECOMMENDATION: Approve the Ordinance to repeal COUNCIL ACTION: ® . • ORDINANCE NO. 2009- 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 alternatives to try to design the project around the non - participating party but ultimately the alternatives 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 alternatives 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 close 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 (jc)ord /Englewood Terrace 1 LID repeal 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. PASSED BY THE CITY COUNCIL, signed and approved this 20 day of October, 2009. ATTEST: David Edler, Mayor City Clerk Publication Date: Effective Date: • • • (jc)ord /Englewood Terrace 2 LID repeal