Special City Council Meeting

City Of Prosser CITY COUNCIL SPECIAL MEETING AGENDA Council Chambers, 1002 Dudley Avenue, Prosser WA 99350 Tuesday, May 2, 2023 @ 7:00 PM Per Ordinance No. 22-3175, City Council meetings will be held in-person at location listed above. In addition, individuals may attend the meeting virtually. To join the meeting, please click on the following link from your computer, tablet or smartphone: https://global.gotomeeting.com/join/521570213 You can also dial in using your phone: United States: +1 (872) 240-3412 Access Code: 521-570- 213 New to GoToMeeting? Get the app now and be ready when the meeting starts: https://global.gotomeeting.com/install/521570213 The City asks all members of the public that wish to comment on Council agenda items, to please contact City Clerk, Rachel Shaw via email at rshaw@ci.prosser.wa.us or by phone at (509) 786-8218, no later than 4:00 p.m., the day of the meeting. Please state your first and last name, city of residence and the agenda item on which you wish to comment. Page 1. CALL TO ORDER 2. PLEDGE OF ALLEGIANCE 3. ROLL CALL 4. APPROVAL OF AGENDA 5. CITIZEN PARTICIPATION 6. MAYOR AND CITY COUNCIL REPORTS AND COMMENTS a. Public Service Workers Recognition Week Proclamation 3-4 Proclamation 7. CITY ADMINISTRATOR REPORTS AND COMMENTS a. Historic Downtown Prosser Quarterly Report (Melinda DeSanto, Executive 5 Director) HDP 1st Qt Report The first Ordinance passed will be Ordinance 23-3204 The first Resolution passed will be Resolution 23-1742 Page 1 of 23 8. PUBLIC HEARING a. Petition for Annexation 6 ~Open ~Call for Testimony ~Close PH Notice 9. COUNCIL ACTION a. Conduct and Public Hearing on the Deming Annexation Petition and Approve 7 - 23 Ordinance No. 23-____ Annexing and Zoning the Property Described in the Ordinance. Annexation Ordinance Adopt Ordinance No. 23-______ annexing property owned by Vann and Miranda Deming and annexing portions of Wamba Road. 10. ADJOURNMENT The first Ordinance passed will be Ordinance 23-3204 The first Resolution passed will be Resolution 23-1742 Page 2 of 23  Proclamation WHEREAS, public servants are a vital part of our community, serving our citizens with a high level of dedication; and WHEREAS, public employees often forego public recognition in their efforts to serve their communities; and WHEREAS, every year since 1985, the first week of May has been set aside as Public Service Recognition Week, a time to thank dedicated public servants from Federal, state and local governments; and WHEREAS, these employees work hard every day, to enhance the well-being of their communities, often at great sacrifice; and WHEREAS, it is fitting and proper that we recognize the contributions of our dedicated public servants. NOW, THEREFORE, BE IT RESOLVED that I, Randy Taylor, Mayor of the City of Prosser, Washington, and the City Council do hereby proclaim May 7-13, 2023, to be “Public Service Recognition Week” in Prosser, and urge all citizens to recognize the accomplishments and contributions of public servants at all levels. ___________________________________________ Mayor Randy Taylor ___________________________________________ City Clerk Rachel Shaw This 2nd day of May, 2023. Page 3 of 23 Public Service Recognition Week is celebrated each year during the first week of May. May 11th This week is a nationally recognized time set aside for public employees and their families to honor the men 5:30pm – 7:30pm and women who serve as federal, state, and local government employees. Gesa Carousel of Dreams Join us for a celebration on Thursday, May 11th, 2023 at the Southridge Sports Complex in Kennewick. The Gesa 2901 Southridge BLVD. Carousel will be open for rides from 5:45 – 6:45pm. Hamburgers, hotdogs, and beverages will be provided. Kennewick Outdoor seating and some indoor seating will be available. For more information, Contact William “Bill” Copland at 509-734-5676 or William.Copland@doc.wa.gov Page 4 of 23  April 20, 2023, City Council Quarterly Report 1st Quarter 2023 Downtown Happenings 1. City Council Goal 1: Livability & Quality of Life: Vibrant Community First Quarter Events & Activities: Seuss On the Loose in March Sip & Stroll Event Prosser Leadership partnership with 30 ground planters of native plants. 354.5 Volunteer hours logged for the 1st quarter 2. City Council Goal 2: Financial Sustainability Utilized the State’s increase to the Main Street Tax Credit Incentive Program and welcomed new businesses as contributors. Currently at 51.5% of the cap of $213,333,33 3. City Council Goal 3: Promote Economic Development & Jobs Sip & Stroll An estimated 400 people attended the event. We had double the number of restaurants participating this year, with 10 locations. There was less in attendance from last year; however, we still ended up with a profit of $10,214 that will be given to the Depot for any repairs needed on the plumbing. Executive director assistant/Farmers Market Manager Job Hired the new Farmers Market Manager/Assistant, Rita Brown, who began here on Feb 7, 2023. 4. City Council Goal 5: Operational Excellence & Communication Attended Winter Leadership Meeting for Mainstreet Attended WFEA (WA Festival & Events Association) conference for continued education. Great information from both conferences regarding volunteers, marketing, and Mainstreet 5. Upcoming Events, Activities & Opportunities: Girls Derby Day May 6th Flower Baskets coming from Lens Flowers End of May Prosser Farmers Market June 3rd To create a vibrant and prosperous downtown. Page 5 of 23  CITY OF PROSSER, WASHINGTON PUBLIC HEARING NOTICE PETITION FOR ANNEXATION NOTICE IS HEREBY GIVEN by the undersigned City Clerk of the City of Prosser, Washington that the Prosser City Council will conduct a Public Hearing on Tuesday, May 2, 2023 at 7:00 p.m., or as soon thereafter as may be heard, for the purpose of receiving public comment regarding a petition for annexation filed by Vann and Miranda Deming for the property located at 7502 North Wamba Road, Prosser Washington. The hearing will be held in the Council Chambers, Prosser City Hall, 1002 Dudley Avenue, Prosser, Washington. Interested persons are invited to appear and voice approval or disapproval of this annexation. Per Ordinance No. 22-3175, City Council meetings are held in-person at 1002 Dudley Avenue, Prosser, WA. In addition, individuals may attend the meeting virtually. To join the meeting virtually, please click on the following link from your computer, tablet or smartphone: https://global. gotomeeting.com/join/521570213. You can also dial in using your phone by calling + 1 (872 ) 240-3412 Access Code: 521-570-213. New to GoToMeeting? Get the app now and be ready when the meeting starts: https://global. gotomeeting.com/install/521570213 The City asks all members of the public that wish to comment on Council agenda items, to please contact City Clerk, Rachel Shaw via email at rshaw@ci.prosser.wa.us or by phone at (509) 786-8218, no later than 4:00 p.m., the day of the meeting. Please state your first and last name, city of residence and the agenda item you wish to comment on. All interested persons are invited to participate. The Council will consider both oral and written comments. No qualified individuals with a disability shall be excluded or denied the benefit of participating in the Public Hearing. If you require assistance to comment at the public hearing, please contact Prosser City Hall at (509) 786-2332 at least 7 days prior to the date of the Public Hearing to make the proper arrangements. Dated: April 14, 2023 Publication Dates: Wednesday, April 19, 2023 Wednesday, April 26, 2023 Page 6 of 23  CITY OF PROSSER, WASHINGTON AGENDA BILL Agenda Title: Meeting Date: Conduct and Public Hearing on the Deming May 2, 2023 Annexation Petition and Approve Ordinance Special City Council Meeting No. 23-____ Annexing and Zoning the Property Described in the Ordinance. Item Type: Action Department: Director: Contact Person: Phone Number: Planning Steve Zetz Howard Saxton 509-786-2332 Cost of Proposal: Fund Name and Number: N/A, the cost is billed to the Applicant. N/A Amount Budgeted: N/A Reviewed by Finance Department: N/A Attachments to Agenda Packet Item: 1. Map showing the property to be annexed 2. City Land Use Map with area to be annexed circled 3. Public Hearing Notice 4. Affidavit of Publication 5. Affidavit of Posting 6. Petition for Annexation 7. Determination of Sufficiency 8. Ordinance No. 23-________ Summary Statement: Vann and Miranda Deming met with the City Council on March 14, 2023, prior to circulating their petition for annexation. At the initial meeting the City Council determined that the City would accept the proposed annexation provided that the property be subject to the existing City indebtedness and be assumed by the area to be annexed, and that portions of Wamba Road be added to the annexation petition. On March 21, 2023, a sufficient petition for annexation was submitted to the Benton County Assessor and filed with the City Council pursuant to RCW 35A.14.120. The Benton County Assessor issued a determination of sufficiency for the Petition for Annexation on March 27, 2023. Page 7 of 23 On April 11, 2023, the City Council set the date of May 2, 2023, for the Public Hearing on the proposed annexation and published notice of such hearing in the Prosser Record Bulletin on April 19, 2023, and April 26, 2023. The property being annex was pre-zoned Residential, Medium Density District (RM) by Ordinance 18-3079. The property is in the City's Urban Growth Area, is contiguous with the current City limits, and is part of a planned future residential subdivision. The Staff recommends approval of the attached Ordinance annexing the Deming’s property and portions of Wamba Road. The property being annexed is depicted on the maps attached to the Agenda Bill and is also shown on Exhibit "A" attached to the Ordinance. Consistent with Council Goal: Goal #1: Livability & Quality of Life, Goal #3: Promote Economic Development & Jobs, Goal #4: Infrastructure & Transportation Recommended Action/Suggested Motion: Adopt Ordinance No. 23-______ annexing property owned by Vann and Miranda Deming and annexing portions of Wamba Road. Reviewed by Department Reviewed by City Attorney: Approved by City Director: Administrator: Steve Zetz Howard Saxton Tom Glover Date: Apr 28, 2023 Date: Apr 27, 2023 Date: Apr 28, 2023 Page 8 of 23  Benton County WA ‘V 4/25/2023, 5:10:15 PM 1:2,257 0.01 0.03 0.05 mi County Address 0.02 0.04 0.08 km Parcels and Assess City Limits Esri Community Maps Contributors, Oregon State Parks, State of Oregon GEO, WA State Parks GIS. © OpanStreetMap, Microso?, Esri. HERE, Prosser Garmin, SafeGraph. GeoTechnologies, Inc, METIINASA, USGS.Bureau of Land Management. EPA, NPS. US Census Bureau, USDA. Geophex Geophex Surveys Ltd..Maxar.Microsoft| Esrl Community Maps Contributors.Oregon State Parks, State of Oregon GEO. WA State Parks GIS. © OpenSlreetMap. Microsoft. Esri.HERE, Garrni Page 9 of 23  _E._zu:..2.. a_.:.:. w...._r:._:<. ........._..,_ .~<_u:.vD:Z— ._<_._.za:_.?... F: _<_ $55.20» .S.nm.«n.oZ mucm:_u._O uno?mnxuo u__u..Sou EU .3 vwmmmm mean. %_>_mm: u:m._cm_m m>_mcm;m._n_Eou ._mmm9_n_ 50 Page 10 of 23  CITY OF PROSSER,WASHINGTON PUBLIC HEARING NOTICE PETITION FOR ANNEXATION NOTICE IS HEREBY GIVEN by the undersignedCity Clerk of the City of Prosser Washingtonthat the Prosser City Council will conduct a Public Hearing on Tuesday,, May 2, 2023 at 7:00 p.m., or as soon thereafter as may be heard, for the purpose of receiving public comment regarding a petition for armexation ?led by Vann and Miranda Deming for the property located at 7502 North Wamba Road, Prosser Washington. The hearingwill be held in the Council Chambers, Prosser City Hall, 1002 Dudley Avenue, Prosser Washington Interested persons are invitedto appear and voice approval or disapproval , of this annexation. Per Qrdjnange Ng.__;,2,-3,175, City Council meetings are held in-person at 1002 Dudley Avenue, Prosser, WA. In addition,individualsmay attend the meeting virtually. To join the meeting virtually, please click on the following link from your computer, tablet or smartphone: 2 ht! 9. s://‘~'»lobal. -otomeetin .com/'oin/ ~ 1] . You can also dial in using your phone by calling+11 872 240-3412 521570213 Access Code: S21-570-213. New to GoToMeeting? Get the app now and be ready when the meeting ht- s:// = obal. otomeetin .com/install/521570213 startszfrt The City-asks all members of the public that wish to comment on Council agenda items,to please contact City Clerk, Rachel Shaw via email at r§l;,avg;_?,.-_gj,;gos§;¢;r.wa.us or by phone at (509) 786-8218, no later than 4:00 p.m., the day of the meeting. Please state your ?rst and last name, city of residence and the agenda item you wish to comment on. All interestedpersons are invited to participate.The Council will consider both oral and written comments. No quali?ed individualswith a disability shall be excluded or denied the bene?t of participating in the Public Hearing. If you require assistance to comment at the public hearing, please contact Prosser City Hall at (509) 786-2332 at least 7 daysprior to the date of the Public Hearing to make the proper arrangements. Dated: April 14, 2023 "a‘};31&t KL};V ,.:4;";4 ‘ ..1_:.§\a,__?_J.._g._‘ ‘ ‘ 'u~.’L.. ._.'......, Rachel Shaw, MMC City Clerk PublicationDates: Wednesday, April 19, 2023 Wednesday, April 26, 2023 Page 11 of 23  City of Prosser Washington AFFIDAVIT‘ OF POSTING The undersigned, being first duly sworn on oath deposes and says: That he is now and at all times herein mentioned is and was a citizen of the United States and resident of the State of Washington, over the age of eighteen years; and That on April 26, 2023 at about 1500 hours at 7502 North Wamba Road, Prosser, Benton County, Washington I posted a City of Prosser Notice of Armexation and Public Hearing si. Page 1 of 2 Page 12 of 23 Signature SUBSCRIBEDTO AND SWORNBEFOREME THIS DAY OF Z3 NOTARY BLIC in and for the State PVUSS of Washington residing at C4/.\/ My CommissionExpires: \0\ Page 2 of 2 Page 13 of 23  CITY OF PROS SER, WASHINGTON PUBLIC HEARING NOTICE PETITION FOR ANNEXATION NOTICE IS HEREBY GIVEN by the undersigned City Clerk of the City of Prosser, Washington that the Prosser City Council will conduct a Public Hearing on Tuesday, May 2, 2023 at 7:00 p.m., or as soon thereafter as may be heard, for the purpose of receiving public comment regarding a petition for annexation ?led by Varin and Miranda Deming for the property located at 7502 North Warnba Road, Prosser Washington. The hearingwill be held in the Council Chambers, Prosser City Hall, 1002 Dudley Avenue, Prosser, Washington. Interested persons are invited to appear and voice approval or disapproval of this annexation. Per Ordinance No. 22-3175, City Council meetings are held in-person at 1002 Dudley Avenue, Prosser, WA. In addition, individuals may attend the meeting virtually. To join the meeting virtually, please click on the following link from your computer, tablet or smartphone: htt s:// lobalszotomeetinr.com/'oin/521570213. You can also dial in using your phone by calling +1 872 240-3412 Access Code: 521-570-213. New to GoToMeeting? Get the app now and be ready when the meeting starts: htt‘ s:// v obal. rotomeetin2.c0m/install/521 570213 The City asks all members of the public that wish to comment on Council agenda items,to please contact City Clerk, Rachel Shaw via email at rshaw Eizci.rosser.wa.us or by phone at (509) 786-8218, no later than 4:00 pm., the day of the meeting. Please state your first and last name, city of residence and the agenda item you wish to comment on. All interested persons are invited to participate. The Council will consider both oral and written comments. No quali?ed individuals with a disability shall be excluded or denied the bene?t of participating in the Public Hearing. If you require assistance to comment at the public hearing, please contact Prosser City Hall at (509) 786-2332 at least 7 daysprior to the date of the Public Hearing to make the proper arrangements. Dated: April 14, 2023 v9si1J§m%uQ\ it Rac lShaw, /[MC City Clerk Publication Dates: Wednesday, April 19, 2023 Wednesday, April 26, 2023 Page 14 of 23  Notice CITY OF PROSSER, WASHINGTON PUBLIC HEARINGNOTICE PETITION FOR ANNEXATION L‘ NOTICE IS HEREBYGIVENby the undersigned City Clerk of theCtty of Propser Wasltingtanthat the PresserCi Councilwil conduct a I-Iearing lélllbllc onb'g'uhesd?,[Ma?'1 or as soon gublic er 2, p.m., rlilgd a lpEtra‘rtim°?l'orc comrpcnt rt 202? ‘ ‘ arm and Mtrandaemrn _far propenylocated WambaRoad, Prosser Was CoungllChambers. hearing] £mu?:_?;Iib?t on. he PresserC_1_t_v Washm on. _ Interested vmg . at 7502N atf7: will be held in the ‘ Hall, [002 Du ey Avenue, Presser, are _invitedto appear and VOICE " ‘persons t»*:':2°“,-t°"':5“ at '1 *=’°“*° llfu r ey_ venue, rosser, ‘ ' In 0D m..e.t.«,, I - rson WA. addil?l, individua AFFIDAVIT OF PUBLICATION attend the meeting. virtually. To ,)0ll1'I.I1€meetrng click on the following I_rnkornygurcom ter tab et or Vlfllmlly,please lgemaysmnrtplgun - STATE OF WASHINGTON County of Benton ss_ " usll‘-gig». S “'‘ Newto GDTDMB¢IgllZ|g ’‘ ..“’°- ° 'a‘fr"c‘é§ et a app not}! ready ez £‘£‘E.'i‘:’e‘~‘ (and be the rnegtingstarts: t ‘I! % no . ,puIS“h'd i?c ~ ;I .‘ g;1;5g| 10213 i?at\VlSlwhen The City asks all Council §‘5l" items;to -please contact City Cle en ‘I t $63 .9 l\I\0\do\W, «mu; a w vra _ flu”: 3.“ ra‘:.5...“ ' . , being ua"“m?""“ at-“i‘; [llRtlti) o r'l1'.'.'.’.’.'£l‘r?.’;fr‘3l and last name, city of residy ence and the agenda Item you wish to andsays that he is the .S.su’:Zl‘f;’.’;l.‘."rtl' dt‘:t:) O-l~l:1\C' p} '1-stduly 5 ‘:$‘\g*rrm+ {v 0m on oath, deposes L PROSSER RECORD—BULLETlN, weekly newspaper. That said newspa- l:\n1lm!ntell':s‘:gdpersons til‘I '" tn e cqnsider yvntlta ’“'’‘-‘.?* onxnma d1sab_1lni'isha.ll "‘l'""" are 'tedto wrineli .'l comm§$:a1§'f "c¥.‘é}’r%‘. l;lacnl °1'»l?§unttra°eu ln§x] be excludedortleniedthe bene?t . Th C il ‘ll ‘ In ".’rl':i'i ofparticipetin g ° ‘°s33"‘7"§5 " earn u easeeon {€351d?}'SKP%0ll"f0 10. ofl?lggltbliclieadnzll:malt: pro t ‘ per is a legal newspaper and has been approved as a legal newspaper by 7 '11:date °““"“cE‘%‘t"‘%‘a“rl‘:‘i"° £5§§2"" vidlnlr' the arra amen s . order of the Superior Court in the county in which it is published and Date :A' ll l4,2I)23 1s p:l' it is now and has been for more than six months prior to the date of the /sfRash: Shaw.MMC publications hereinafter referred to, published in the English language C12/_Clerk Pu ltshcd:Presser Record-Bulletin _ PublishedfApril 19 and 26, 2023 continually as a weekly newspaper in Prosser, Benton County, Washing- ton, and it is now and during all of said time was printed in an office maintained at the aforesaid place of publication of said newspaper. 'I'hat x W%\ M ' annexed is a true copy of 1 NM? \’\L\ VN?x? {L -» . Qtenmxgtt‘ lm Dmmvtg c" as it was published in regular issues (and not supplement form) of said I newspaper once a week for a period of consecutiveweeks commencing r \ .20 3% \ V ending ,2O ?3_ both dates in usive and that such newspaper was regularly distributed to its subscribers during all of said period. That the full amount of the fee charged for the foregoing publication is the sum of $ _y_ - I 1 0 ANNETTEC JONES ’>1LMw4mL@% w ‘ch amount has been paid in full. #193643 PUBLIC NOTARY OFWASHINGT STATE Subscribcd a sworn t before me this -/ ON EXPIRE COMMISSION (J 2025 JULY 10, S day of :7 A C’. Notary Public in and forthe State ofWashington,re 9:4) mmiug at Prosser, Washington Page 15 of 23  _JETlTlOL:‘.‘ P vNF FOR A,’N£H'-2:, -N INTO THE @ITY OF PROSSER Pur::uan1'. no the authority granted in new 35.b..II4.]20. we, the undersigned, who constitute the owners 01 at least 60% at the assessed valuation of the below described Lerritory. rerspactfully Petition the City Council of the City of Presser for annexation of sucih terri tcary into the existing City of Presser, upon the follcwing showing: I. That the Lerrit.c>.=:y proposed to be annexed into the City of Presser is legally described as follows: If Dcscrimon : La! I,shor+ Pin? No. «as, nccor inc)1;. -mgsung», ?1g'-¢,g{- rgqrdad under According ND.1ollltl,reum$$ at WNW" Cour! .1-wash? *"’.° ""“’ % "°.:°.sL§~.>~-r;; .22 1 4?" 515?:‘¥1%3'£§3%°Ja3’ia‘§’ All property is located in Benton $7/“”‘?c£o: as County, State. of Washington. That the above described territory II. is *‘‘’‘'‘‘'*’’’ not within the boundaries of another city III. or town. "’‘‘ That the above described territory shall be subject to the indebtedness, bonded or otherwise, of the City of Presser pursuant to the Minutes of the /Y}?__ng';gj\ 20$ Council Meeting, a copy of ».—va , wl'1i’.Jh are attached to the Petition, together with any additional amount as established by the Boundary Review Board of the County. IV. A map showing the ‘noundari es of the property to be annexed is attached to this Petition. THEREFORE, the petitioners ask tilat the City Council of the City aim-osser approvesuch annexntien and forward said petition and other required documents to the appropriate authorities of BentonConnty for approval. DATEDTHIS / mw or aft. .2n_?_r3 WARNING!!! Every person who signs this petition with any other than his true name, or who knowingly signs more than one of these petitions, or who sign.-5 ‘petition seeking an election when he is not a legal voter, or signs a pezition when he or she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of .3 misdemeanor. Pxgint Name Address Signature Date _VVo.v1;.\b*—$-N‘-"‘ $152.5» '5-. T11" 37z " ?i".2'vL 5‘ ML _'7{;o;n n\”,gcw?E.1:>7 _ _ I ... ...»~L-?a:t>.>-‘-“r \v..»l.~\. Page 16 of 23  o uNTP ncg, e O?-‘iceof 1 ‘assessor BENTON Bill Spencer, Assessor Danlelle Hayes, ChiefDeputy Assessor Q-? 4; “mans 4‘H|uG‘Q * RECEIVED March 27, 2023 APR0 4 2023 CIW OF PROSS Determination of Suf?ciency City of Prosser Annexation Vann & Miranda Deming — I, BillSpencer, Benton County Assessor, do hereby certify that the petition for annexation provided by the City of Prosser, for the unincorporated land located and described in attached ExhibitA is sufficient as far as the percentage of valuation required for the annexation as required by RCW 35.13.130. This petition was received in my of?ce March 21, 2023, and this determination was commenced on March 27. 2023. The speci?c determination is as follows; VALUE SIGNATURES PERCENTAG $ 206,440 $ 206,440 E 100.00% Attest: / / " Bil|\§bencer Benton County Assessor cc: Benton County Commissioners Certi?ed mail: 7018 1130 0001 8765 0284 7122 W Okanogan Pl Ste E130 Kennewick, WA 99336 I Phone (509) 735-2394 I assessor@co. be-nton.wa.usI 620 Market St, Prosser. WA 99350 / Phone (509)786-2046 I co.benton.wa.us Page 17 of 23  .r= OF CITY .g -|PROSSER, WASHINGTON -.._n_.,.-.-....,. ORDINANCE up: -n.r-uIv-NO. 23- I AN --e-Wu." -1" ORDINANCE !.'J.-II PARCEL ‘as NUMBER M: 'l ANNEXING AND - "I-In-We an H! . .. ... -a.-..-ZONING 1-3594-201-0195-001 " mm: "2 REAL 15- ‘ll (7502 t..g|_,l NORTH M PROPERTY WITH WAMBA ROAD) -.- H AND ANNEXING I"l.'lI"9I '.n, ORDINANCE PORTIONS Ll ,3:-..-I-.g.. INTO .. OF u:.::.u-5 WAMBA |..-.- ROAD H. THE CITY LIMITS OF PROSSER, WASHINGTON. THE DESCRIBED IILIII IN l'."|l’ THE .. ORDINANCE ’.I-. 'u. .. m...,_.= FROM SEVERABLE DATE OF ..| ALSO win ......n....i MAKES -H: ONE ANOTHER; THE l'l'PROVISIONS OF THE ORDINANCE AND SETS FORTH THE EFFECTIVE L_.:.....g_,_é......;, ORDINANCE; AND PROVIDES FOR PUBLICATION BY THE ._|r|-.IH._| I 'FlI'|' SUMMARY. an-I >.'ul'II WHEREAS, Petitioners Varm and I.‘ I'I|Jm?Il- Miranda |'IlL:II mil fII|"i -—I Deming being lull! II the n.:nIr u— owners ofI :iin'I: property I constituting I mm in IEI less not1 II I I than SIM'I10 Hun percent ?u assessed value, in ejmf ?l ‘Iiun according ||_I uw.¢-.. Ffilhl‘ tnto the assessed valuation uforI :'.I:,; — general 119-: 'Ijn-mun taxation II of'|_theE mi property 'u— - forI which II IIIIx'_ armexation w.IIwmIu IIis -petitioned, i I). with IIIthe :City met um. II— :—: -2: Councilu ofu .927 the City [_I- of Prosser, |'i||I'3|—||§ Washington, on HZ March 14, : nfup?gq‘ 2023, u which um: lam If I date was prior :19 I circulating -_III to wk} I their petition 2: . and foru armexation; : -um WHEREAS, a.u determined at the initial meeting the City Council --.s'n<-'-a'v-..:a--uI.- I-n-rn.Im.|::. that the City -24‘ would ...I‘-. accept the proposed I. I'§¥IIw armexation n- provided . property be .na. that “"1; I'\-IHI ...=. subject to the existing City indebtedness and k:iI§|I:lIH'IIJ:1:g|Il be assumed In —._|m|.L_:. by the area to be .s.nthat annexed, and ..a..-.. |.F.-portions of Wamba Road ...-a.._eu_-.._I_ ....m. be added to ..r?c.-._ ..g,.._..-;. the annexation petition; and ax -I-.-q:|_Ir|._| WHEREAS, on mu": . petition .- ....?.......,-..... _ a sufficient March 21, 52023, annexation was for !m.,E,.... submitted to the .-..._.=,...,,. _. |......... ,..vn___-,.!___|I_.......- Benton County Assessor and ?led with the City Council.J.E,_4-.. _...,.35A.14.120,signed pursuant to RCW Ian‘ ... ._,,_.‘-. by gm -..1-'- owners of --U not less than 60 percent of-|-In-.. -.1-‘1-r valuation -u assessed a:gu'=.- ..-.-s. awn. for general taxation of"Ithe :.-I-mu: property for whichI armexation petitioned, seeking .!I"i'FI:H is I'I”'II|'I'I'l annexation I the E E to I!I City Prosser ofIIcontiguous property I'v.Jof “I-xi" '4“ x£III“ ::||.n"‘I'PH' commonly ?I'IIF:,II'-II°"' described in I Sections l-El‘: 1 and 2 of the uza uI.!Il Ordinance; and uni WHEREAS, the "-i1 "I-!"‘l'!!.IlI?u'I ||- Benton db: E—|—7I:iI: issued Ia lI:f|u|I'ul County Assessor determination of ml sufficiency I!‘ II‘! nforI“ the jin- Page 18 of 23 Petition for Almexation on March 27, 2023; and WHEREAS, the City ?xed the date of May 2, 2023, at the hour of 7:00 p.m. or soon thereafter as may be held, as the date of the Public Hearing on the proposed annexation and caused notice of such hearing to published and posted in accordance with RCW 35A.l4.130, and the Public Hearing having been held on that date and all interested parties appearing at the hearing and desiring to be heard in regard to the proposed annexation; and WHEREAS, Benton County does not have a Boundary Review Board; and WHEREAS, the armexation of property by a Code City is exempt from review under the State Environmental Policy Act pursuant to RCW 43 210222; and WHEREAS, real property having parcel number 1-3594-201-0195-001 was pre-zoned Residential, Medium Density District (RM) by Ordinance 18-3079; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PROSSER, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The following described real property is hereby armexed into and made a part of the City of Prosser, Washington: Lot 1, Short Plat No. 195, according to the Survey thereof recorded under recording no 704181, records of Benton County, Washington. Together with All of the right of way for Wamba Road abutting parcel 1-3594-201-0l95- 001 and those portions of the Wamba Road right of way abutting parcel 1-3594-200-0007- 000 that are not currently in the city limits. The armexed property is also shown on the attached Exhibit “A.” Section 2. All property within the territory annexed hereby shall be assessed and taxed at the same rate and on the same basis as property within the City, including assessments for taxes and payment of any bonds issued or debts contracted prior to or existing as of the date of Page 19 of 23 annexation Section 3. From and after the effective date of this ordinance,the above described property shall be subject to all of the laws and ordinances then and thereafter in force and effect of the City of Prosser. Section 4. In accordance with Ordinance 18-3079, the property described in section 1 is zoned Residential Medium Density District (RM) upon its annexation into the City. The City Council hereby adopts the recitals set forth above as additional ?ndings. Section 5. City Staff is hereby authorized to negotiate with any solid waste provider a buy-out of their franchise rights to the area armexed. City Staff shall bring the amount of the buy- out back to the City Council for approval prior signing any agreement with such a provider, if any. Section 6. SEVERABILITY. The provisions of this ordinance are hereby declared to be severable. If any section, subsection, sentence, clause, or phrase of this ordinance or its application to any person or circumstance is for any reason held to be invalid or unconstitutional,the remainder of this ordinance shall not as a result of said section, subsection, sentence, clause, or phrase be held unconstitutional or invalid. Section 7. This ordinance shall take effect ?ve (5) days a?er passage and publication of an approved summary thereof consisting of the title. PASSED by the City Council and APPROVED by the Mayor this day of 2023. Attest: Mayor Randy Taylor Rachel Shaw, City Clerk APPROVED AS TO FORM: Page 20 of 23 Howard Saxton, City Attorney Publication Date: Page 21 of 23  SUMMARY OF ORDINANCE NO. 23- of the City of Prosser, Washington On the day of , 2023, the City of Prosser, Washington, passed Ordinance No. 23- . A summary of the content of said ordinance, consisting of the title, provides as follows: AN ORDINANCE ANNEXING AND ZONING REAL PROPERTY WITH PARCEL NUMBER l-3594-201-0195-001 (7502 NORTH WAMBA ROAD) AND ANNEXING PORTIONS OF WAMBA ROAD DESCRIBED IN THE ORDINANCE INTO THE CITY LIMITS OF PROSSER, WASHINGTON. THE ORDINANCE ALSO MAKES THE PROVISIONS OF THE ORDINANCE SEVERABLE FROM ONE ANOTHER; AND SETS FORTH THE EFFECTIVE DATE OF THE ORDINANCE; AND PROVIDES FOR PUBLICATION BY SUMMARY. The full text of this Ordinance will be mailed upon request. DATED this day of , 2023 CITY CLERK, RACHEL SHAW S:\ORD\Wamba Road Annexation Deming 2023.docx Page 22 of 23  EXHIBIT "A" Benton County WA 4/25/2023, 5:10:15 PM 12,257 0 0.01 0.03 0.05 mi County Address 0 0.02 0.04 0.08 km Parcels and Assess mwumm Esri Community Maps Contributors.Oregon State Parks. State of Oregon Prosser GEO, WA State Parks GIS, ® 0penStreetMap, Microso?.Esri. HER Garmin, SafeGraph. GeoTechnologies. Inc. METIINASA,uses. Bureau E. of Land Management, EPA, NPS, US Census Bureau. USDA, Geophex Geophex Surveys Ltd..Maxar.Microsoft | Esri Communlty Maps Contributors.Oregon State Parks. State of Oregon GEO, WA State Parks GIS. © 0penStreetMap. Microsoft, Esri. HERE, Garmin Page 23 of 23