HomeMy WebLinkAbout4250RESOLUTION N0.4250
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, ESTABLISHING FEBRUARY 19,
2008 AS THE DATE OF A SPECIAL ELECTION ON THE
QUESTION OF ANNEXATION TO THE CITY OF AUBURN,
OF AN UNINCORPORATED AREA KNOWN AS THE
"TOTEM ANNEXATION AREA" PASSED AT A REGULAR
MEETING OF THE CITY COUNCIL
WHEREAS, the City Council has previously enacted resolutions to have
certain annexations placed before the voters of the annexation areas, to wit:
Resolution No. 4140, January 16, 2007, (Totem), and Resolution No. 4141,
January 16, 2007 (Klump), which would have placed before the voters of the
respective annexation areas the question of whether these areas should be
annexed into the City of Auburn; and
WHEREAS, both of these areas are served by defunct Fire District 31, a
fire district in name only as it has no active commissioners, has no property, has
no officials or representatives who are willing or able to take action in connection
with the purposes and functions of the fire district; and
WHEREAS, the result of the defunct status of this fire district is that the
City of Auburn has, without benefit of regular contract payments or without
compliance with contracts or agreements for service, has been providing fire
protection services to the areas of the proposed annexation without
compensation and without contribution towards such services by the residents
who would benefit from such services; and
WHEREAS, on January 16, 2007, the City Council of the City of Auburn
adopted Resolution No. 4140 which directed the filing of a notice of intent to
annex the Totem Annexation Area with the King County Boundary Review Board;
and
WHEREAS, the Notice of Intent to Annex was submitted to the Boundary
Review Board and officially filed on April 19, 2007; and
WHEREAS, the Boundary Review Board review period concluded on July
3, 2007 with no jurisdiction having been invoked; and
WHEREAS, the City has determined to call fora .special election to be
held in conjunction with the primary election on February 19, 2008 and to submit
the question of annexation as a ballot question as authorized by RCW
35A.14.085.
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Resolution No. 4250
October 1, 2007
Page 1 of 4
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
SECTION 1. Findings:
A. The City Council of the City of Auburn, by Resolution No. 4140, has
determined that it is in the public interest and general welfare to provide for the
annexation of an area known as the Totem Annexation Area, in accordance with
Chapter 35A.14 RCW.
B. Auburn Resolution No. 4140 satisfies the provisions of Chapter 35A.14
RCW for qualification for annexation.
C. Auburn Resolution No. 4140, initiated the annexation of the Totem
Annexation Area.
D. The King County Boundary Review Board received a request for review
under Chapter 36.93 RCW;
E. Pursuant to Chapters 29A.04 and 35A.14 RCW, the Auburn City
Council deems an emergency exists for the purpose of calling a special election
to be held on the question of this annexation on February 19, 2008.
SECTION 2. Special Election:
A special election shall be held on the 19th day of February,
2008 in accordance with Chapter 35A.14 RCW within the territory of the
proposed annexation, for the purpose of submitting the question of annexation of
the Totem Annexation Area.
SECTION 3. Registered Voters:
The number of registered voters within the subject area is
estimated at 74 as nearly as may be determined from available records.
SECTION 4. Emergency:
Pursuant to RCW 29A.04.321 and 35A.14.050, it is hereby
deemed that an emergency exists for purposes of calling a special election. The
King County director of the records, elections and licensing services division is
hereby requested to assume jurisdiction to call and conduct a special election
and submit to the registered voters within the subject area of the propositions as
set forth in section 4 of this resolution. The Clerk of the Council is hereby
authorized and directed to transmit this proposition to the director of the records,
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Resolution No. 4250
October 1, 2007
Page 2 of 4
elections and licensing services division in substantially the following form, with
such additions, deletions or modifications in the ballot title as may be required for
the proposition listed below by the King County prosecutor:
PROPOSITION 1. The Auburn City Council passed Resolution No.
4250 concerning annexation of the Totem Annexation Area which
would authorize annexation of that area of unincorporated King
County known as the Totem Annexation Area as legally described
in Attachment A. Shall that area of unincorporated King County
known as the Totem Annexation Area as legally described in
Attachment A be annexed to the City of Auburn?
For annexation
Against annexation
SECTION 5. Director Authorization:
The director of the records, elections and licensing services
division is hereby authorized and requested to prepare and distribute a local
voters' pamphlet, pursuant to K.C.C. 1.10.010, for the special election called for
in this resolution, the cost of the pamphlet to be included as part of the cost of the
special election.
SECTION 6. Boundaries:
The boundaries of the territory proposed for annexation are hereby
described as contained in Attachment A to this resolution.
SECTION 7. Voters' Pamphlet Committees
Pursuant to RCW 29A.32.280, the following individuals are appointed to
serve on the voters' pamphlet committees, each committee to write a statement
for or against the proposed annexation ballot measure:
FOR
1.
2.
3.
AGAINST
1.
2.
3.
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Resolution No. 4250
October 1, 2007
Page 3 of 4
It is provided, however, that if insufficient names of volunteers willing to
serve on the voters' pamphlet committees are identified by the date that this
Resolution is passed, the Mayor shall be authorized to add such names as are
subsequently received and submit those names to the County Auditor.
SECTION 8. Resolution to be Filed:
A certified copy of this Resolution shall be filed with the King
County Department of Records and Elections and the King County Council.
SECTION 9. Administrative Procedures:
The .Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this
legislation.
SECTION 10. Effective Date:
This Resolution shall be in full force and effect upon passage and
signatures hereon.
PASSED this 1St day of October, 2007.
..........
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PETER. LEWIS, Mayor
ATTEST:
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Danielle E. Daskam, City Clerk
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Resolution No. 4250
October 1, 2007
Page4of4
Attachment A
Res. No. 4250
City of Auburn
"Totem" Proposed Annexation Area
Legal Description
May 25, 2007
That portion of Government Lot 2 in the northwest quarter of Section 30 Township
21 North, Range 5 East, Willamette Meridian, King County, Washington described
as follows:
Beginning at the southwest corner of Lot 6 Block 1 of the plat of South Auburn
Garden Tracts recorded in Volume 20 of Plats at Page 76, records of King County,
Washington, said corner also being the southwest corner of the lands annexed to
the City of Auburn by ordinance number 3726;
Thence east along the south line of said Lot 6 and the south boundary of said lands
annexed to the City of Auburn by ordinance number 3726 a distance of 170 feet to
the southeast corner of said lot 6;
Thence north along the east lines of lots 6, 5 and 4, Block 1 of said plat and along
the east boundary of said lands annexed to the City of Auburn by ordinance number
3726 a distance of 200.25 feet to the south line of Lot 10, Block 1 of said plat;
Thence west along said south line of said Lot 10 a distance of 2.00 feet to the
southwest corner of said Lot 10;
Thence north along the west line of said Lot 10 a distance of 1.75 feet to the most
northerly line of said Lot 4, Block 1, the most northerly boundary of the lands
annexed to the City of Auburn by ordinance number 3726 and the southeast corner
of the lands annexed to the City of Auburn by ordinance number 4138;
Thence north along the west line of Lots 10 and 11, Block 1 of said plat and along
the east boundary of the lands annexed to the City of Auburn by ordinance number
4138 a distance of 103 feet to the southeast corner of the lands annexed to the City
of Auburn by ordinance number 4665;
Thence north along the west line of Lots 11 and 12, Block 1 of said plat and along
the east line of the lands annexed to the City of Auburn by ordinance number 4665 a
distance of 95 feet to the northwest corner of said Lot 12;
Thence east along the north line of said Lot 12 a distance of 2.00 feet to the
southeast corner of Lot 3, Block 1 of said plat;
Thence north along the east line of Lots 3, 2 and 1, Block 1 of said plat and along
the east line of the lands annexed to the City of Auburn by ordinance number 4665 a
distance of 200.97 feet to the south marginal line of 29tH Street Southeast (S. 356tH
Street) and the south boundary of the lands annexed to the City of Auburn by
ordinance number 1279;
Thence east along said south marginal line of 29t" Street SE (S. 356t" Street) and
the south boundary of the lands annexed to the City of Auburn by ordinance number
1279 a distance of 630 feet to the northwest corner of Lot 1, Block 3 of said plat of
South Auburn Garden Tracts, said corner also being the northwest corner of the
lands annexed to the City of Auburn by ordinance number 3244;
Thence south along the west line of Lots 1, 2, 3 and 4, block 3 of said plat and along
the west boundary of said lands annexed to the City of Auburn by ordinance number
3244 a distance of 267.03 feet to the southwest corner of last said Lot 4;
Thence east along the south line of last said Lot 4 and the south boundary of said
lands annexed to the City of Auburn by ordinance number 3244 a distance of 170
feet to the southeast corner of last said Lot 4;
Thence north along the east line of said Lots 4, 3, 2, and 1, block 3 of said plat and
along the east boundary of said lands annexed to the City of Auburn by ordinance
number 3244 a distance of 266.98 feet to the northeast corner of said Lot 1, Block 3
of said plat, the south marginal line of 29t" Street SE (S. 356t" Street) and the south
boundary of the lands annexed to the City of Auburn by Ordinance number 1279;
Thence east along said south marginal line of 29t" Street SE (S. 356t" Street) and
the south boundary of the lands annexed to the City of Auburn by ordinance number
1279 a distance of 191.85 feet to the northwest corner of the lands annexed to the
City of Auburn by ordinance number 1225 and the east line of said Government Lot
2, said line being described in said ordinance 1225 as the west line of the southeast
quarter of the northwest quarter of said Section 30;
Thence south along last said west line and the west boundary of the lands annexed
to the City of Auburn by ordinance 1225 to a line parallel with and 128 feet northerly
of the south line of said northwest quarter of said Section 30, and an angle point in
the northerly boundary of the lands annexed to the City of Auburn by ordinance
3839;
Thence westerly along said parallel line and the northerly boundary of said lands
annexed to the City of Auburn by ordinance 3839 a distance of 189.75 feet;
Thence north along said boundary of said lands annexed to the City of Auburn b~
3839 a distance of 128 feet to the south right of way line of 32"d Street SE (S 359
Street);
Thence west along said south right of way line and said northerly boundary of said
lands annexed to the City of Auburn by ordinance 3839 to the southerly extension of
the east line of Block 6 of said Plat, and the east boundary of the lands annexed to
the City of Auburn by ordinance number 6048;
Thence north along the east boundary of said lands annexed to the City of Auburn
by ordinance 6048 and along the west right of way line of 85th Avenue South to the
northeast corner of Lot 9, Block 6 of said plat;
Thence west along the north boundary of said lands annexed to the City of Auburn
by ordinance 6048 and along the north line of Lots 9 and 2, Block 6 of said plat to
the east marginal line of "A" Street SE (East Valley Road) and the east boundary of
the lands annexed to the City of Auburn by ordinance 1171;
Thence north along said east marginal line of "A" Street SE and the east boundary of
the lands annexed to the City of Auburn by City of Auburn ordinance 1171 a
distance of 129 feet more or less to the point of beginning.
Totem 5-25-2007.doc rev. 05-25-2007