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
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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:
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LID repeal