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HomeMy WebLinkAbout1493RESOLUTION NO. Jl/CJ3 A RESOLUTION of the City Council of the City of Kent, Washington determining that the annexation of certain unincorporated territory contiguous to the City, generally known as the "Green River Annexation area," is in the best interest and welfare of the City; calling for an election to be held to submit to the voters the annexation proposal; describing the boundaries of the annexation area; stating the approximate number of voters residing in the annexation area; providing for City payment of the cost of the annexation election; requiring that the annexation area assume its proportionate share of the City's existing indebtedness and including that requirement in the same ballot proposition submitted to the voters for authorization of the annexation; and causing the annexation area to be subject to the interim zoning requirements for newly annexed areas, as provided in the Kent City Code. WHEREAS, the City of Kent received from certain property owners a ten percent (10%) "Notice of Intent" to annex a certain portion of unincorporated King County, located generally south of the City's existing city limits on both sides of the Green River and generally known as the City's "Green River" annexation area; and WHEREAS, this 10% Notice of Intent petition was intended to commence an annexation process under a property owner petition method, which process requires endorsement by the owners of at least sixty percent ( 60%) of the assessed valuation in the area proposed for annexation; and 1 WHEREAS, the proponents of this annexation proposal have been unable to obtain signatures on their petition from certain absentee property owners and have accordingly been unable to obtain sixty percent (60%) authorization under the property owner petition method; and WHEREAS, the proposed Green River annexation area lies entirely within the City's agreed Potential Annexation Area ("P AA") under the Growth Management Act ("GMA") and has been included in the City's GMA Comprehensive Plan; and WHEREAS, the City's proposed SE 277th Street Corridor project, a major arterial roadway project that is currently under construction, traverses through the City's East Hill and across the annexation area to terminate at the intersection of SE 277th Street and Central Avenue/Auburn Way North; and WHEREAS, the City, as the lead agency for construction and funding on this road project, would be better served if the entire roadway existed within Kent's jurisdiction in order to simplify and unify permitting, construction and maintenance issues; and WHEREAS, it appears that the resident voters within the annexation area continue to support the annexation; and WHEREAS, because the voters within the annexation area have indicated to the City of Kent that they are in support of the annexation proposal, it is now appropriate to officially terminate the property owner petition process and commence annexation of the area under the election method as provided for in RCW 35A.14.015 et seq. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: 2 SECTION 1: Recitals Incorporated. The foregoing recitals are incorporated as if fully set forth herein. SECTION 2: Findings. The annexation area lies within the City's potential annexation area under the Growth Management Act, and this boundary has not been disputed by the City of Auburn, which is the only neighboring jurisdiction whose approval on P AA boundaries would be required. Additionally, the City is currently constructing a major arterial roadway and bridge over the Green River that traverses through the annexation area to its westerly terminus at the intersection ofSE 277th Street and Auburn Way North/Central A venue. Because the City has ongoing major projects within this annexation area and because this area most logically lies within the boundaries of the City of Kent, the Council hereby finds and determines that the best interest and general welfare of the City would best be served by commencing and completing this annexation by holding an election on the issue. SECTION 3: Call for Election Method Annexation. The property owner petition method annexation that was initiated by a 10% Notice oflntent petition to annex the Green River annexation area is hereby formally terminated because of the petitioner's inability to obtain a valid sixty percent (60%) petition. By this resolution, there is hereby commenced a proposed annexation by the election method (RCW 35A.14.015) of the proposed Green River annexation area. This resolution further constitutes a call for an election to be held to submit the Green River annexation proposal to the voters in the territory proposed to be annexed. SECTION 4: Boundaries. The boundaries describing the proposed Green River annexation are more particularly described on Exhibit A, attached to this resolution and incorporated by this reference. The boundaries are further shown on the map attached as Exhibit B. 3 SECTION 5: Number of Voters. Based on the City's best efforts to ascertain, as nearly as possible, the actual number of voters, the City has determined that there are approximately twelve voters within the limits of the Green River Annexation area. SECTION 6: City to Pay Election Cost. The City shall pay the cost of the election on the Green River annexation proposal. SECTION 7: Assumption oflndebtedness to be Combined into Single Ballot Question. Pursuant to RCW 35A.l4.085, the question of whether or not the Green River Annexation area shall assume its proportionate share of the City's existing indebtedness shall be combined with the ballot proposition seeking to authorize the Green River area annexation. Because the question of annexation and assumption of indebtedness will be combined, the annexation and the assumption of indebtedness shall be authorized only if the proposition is approved by at least sixty percent ( 60%) of the voters in the annexation area who vote on the proposition, and only if the total number of persons voting on the proposition constitutes not less than forty percent ( 40%) of the total number of votes cast in the annexation area at the last preceding general election. Nevertheless, if the combined ballot measure is passed by a simple majority, but less than sixty percent ( 60%) of the voters in the annexation area voting on the proposition, the City reserves its right, by resolution, to approve the annexation without the assumption of indebtedness. SECTION 8: Zoning of Annexed Lands. The Green River annexation area shall be subject to the City's interim zoning requirements for newly annexed lands pursuant to Chapter 15 of the Kent City Code. SECTION 9: Public Hearings. The City shall hold additional public hearings on this matter, if it determines that holding additional hearings would be appropriate. 4 SECTION 10: County and Boundary Review Board Notice. Upon passage of this resolution, the City Clerk is hereby directed to file a copy of the resolution with the King County Auditor and with the Washington State Boundary Review Board for King County. Passed at a regular meeting of the City Council of the City of Kent, Washington this / d; day of 0.,~ , 1997. v Concurred m by the Mayor of the City of Kent, this / .ot-day of ----t'&~~ ........ ~'""''-----' 1997. ATTEST: BREP.tDA Ji\,COBER, CITY CLERK :PEPU rY :Do JV AJ A 0 u.J A t.U APPROVED AS TO FORM: ~~~ I hereby certify that this is a true and correct copy of Resolution No. /f.{. 93, passed by the City Council of the City of Kent, Washington, the ~day of eM-= '1997. P ILAWIRESOLUTI\GREENRVR.RES 5 ANNEXAJ'I< )N 4/1/<J() REVISFI) EXIIIBIT That portion of Section 2 5, Township 22 North, Range 4 East lying east of Burlington Northern Railroad and south of existing Kent City limits, AND that portion of Section 36, Township 22 North, Range 4 East, lying east of said railroad and north of existing Aubum City limits, together with all of South 277th Street that is public right-of-way lying east of said railroad right-of-way in s:tid Section 25; AND ALSO, that portion of Section 31, Township 22 North, Range 5 East lying north of existing Auburn City limits, EXCEJYr that portion thetTof lying within existing Kent City limits, AND AI ,SO Section 30, Township 7'2 North, Range S E,ast except those portions lying within existing Kent City limits. All in King County, W:tshington. 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