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File #: MC 2024-110    Version: 1 Name:
Type: public hearing Status: Agenda Ready
File created: 7/2/2024 In control: City Council Meeting
On agenda: 8/7/2024 Final action:
Title: Annexation Area No. ANEX-42924-2024: Irwin Trust
Attachments: 1. 1. PET Annex: Irwin Trust, 2. 2. P&Z RPT Annex: Irwin Trust, 3. 3. MAP Annex: Irwin Trust

 

 

STRATEGIC OUTCOMES

ACTION

Department:

Safe & Prosperous

Motion

Planning & Neighborhood Svc

Active & Appealing

Resolution

 

Respected & Responsible

Ordinance - Introduction

Division:

Connected & Engaged

Ordinance - Adoption

Community Planning

Unique & Creative

Public Hearing

 

TITLE: t

 

Annexation Area No. ANEX-42924-2024: Irwin Trust

 

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SUMMARY RECOMMENDATION: Summary Recommendation

This is a public hearing to consider the annexation of properties located in the vicinity of E. 28th Street and S. Rebecca Avenue. (ANEX-42924-2024). (Planning and Neighborhood Services/Community Planning) (Alyssa Linville)

 

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STRATEGIC OUTCOME:

The approval of this annexation will provide access to City resources and services. This annexation assists in furthering the City Council’s strategic outcome as it relates to Respected and Responsible.

 

REPORT:

The annexation area consists of two parcels of real property and the adjacent 28th Street right-of-way. The annexation area totals approximately 29.4 acres. The properties are owned by the Irwin Catherine H Trust dated 4-09-86 and the Irwin Testamentary Trust respectively. It is the property owners intent to sell the properties for future industrial development.

These properties are the subject of a Pre-annexation Development agreement adopted by the City Council on March 16, 2007 (R2007-15).  The Pre-annexation Development Agreement identifies specific responsibilities of both the property owners and the City of Yuma.  A responsibility of the property owners is to agree to annexation at such time as the City of Yuma may initiate that action.  Development of the property is currently under discussion and as a result, the City has initiated this annexation to ensure development is in accordance with City development standards.

In accordance with Arizona law, a blank petition with a legal description and a map of the area to be annexed was filed with the Yuma County Recorder on July 18, 2024. There is a 30-day waiting period after recording the map and petition with the County Recorder before signatures can be obtained.  During that time, a public hearing must be held by the City Council within the last 10 days of the 30-day waiting period. All appropriate and necessary notice and posting requirements have been met. After the 30-day waiting period and the public hearing, the following procedures must be followed.

                     The signatures of property owners must be obtained such that at least one-half of the value of real and personal property is represented and such that more than one-half of the parcel owners are represented.

                     Within one year after the last day of the 30-day waiting period, completed petitions must be filed with the County Recorder.

                     An ordinance must be adopted by the City Council effectively changing the City boundaries to include the annexation area. The ordinance will become effective 30 days after adoption. No modifications, including increases or decreases to the territory to be annexed, may be made after the first property owner in the area signs the petition. This public hearing is held to comply with the annexation law, Section 9-471 of the Arizona Revised Statutes. The purpose is to notify all property owners of the proposed annexation and take public comment.

Pending receipt of the signed petition from the property owners after the annexation hearing, it is anticipated that the annexation ordinance will be heard by the City Council for introduction on September 4, 2024, with adoption on September 18, 2024.

 

 

FISCAL REQUIREMENTS:

CITY FUNDS:

$ 0.00

BUDGETED:

$ 0.00

STATE FUNDS:

$ 0.00

AVAILABLE TO TRANSFER:

$ 0.00

FEDERAL FUNDS:

$ 0.00

IN CONTINGENCY:

$ 0.00

OTHER SOURCES:

$ 0.00

FUNDING: ACCOUNT/FUND #/CIP

TOTAL                     $ 0.00

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FISCAL IMPACT STATEMENT:

NONE

 

ADDITIONAL INFORMATION:

SUPPORTING DOCUMENTS NOT ATTACHED TO THE CITY COUNCIL ACTION FORM THAT ARE ON FILE IN THE OFFICE OF THE CITY CLERK:

 

NONE

 

IF CITY COUNCIL ACTION INCLUDES A CONTRACT, LEASE OR AGREEMENT, WHO WILL BE RESPONSIBLE FOR ROUTING THE DOCUMENT FOR SIGNATURE AFTER CITY COUNCIL APPROVAL?

 

Department

City Clerk’s Office

Document to be recorded

Document to be codified

 

Acting City Administrator:

Date:

John D. Simonton

07/23/2024

Reviewed by City Attorney:

Date:

Richard W. Files

07/22/2024