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Home My WebLink About2008-044 Menzia Annexation 111111 11.1111 111111111 * 7 6 2 7 3 7 7 8* FILE# 7627377 YAKIMA COUNTY, WA 09/18/2008 01 57 46PN ORDINANCE PAGES 8 Recording Fee 49 00 CITY OF YAKINA PLANNING Return To: Yalama City Clerk 129 North Second Street Yakima, WA 98901 Document Title ORDINANCE NO. 2008 -44 Menzia Annexation Grantor City of Yakima Grantee The Public ABREVIATED LEGAL DESCRIPTION ALL THAT PORTION OF GOVERNMENT LOT 3 IN SECTION 31, TOWNSHIP 13 NORTH, RANGE 18 EAST, W M. BEING FURTHER DESCRIBED AS FOLLOWS (see Exhibit `B' of attached Ordinance for complete legal description) Parcel Numbers: 18133132006 ORDINANCE NO. 2008-44 AN ORDINANCE concerning annexation, annexing the Menzia Annexation area to the City of Yakima, maintaining the current zoning of the area, providing for notice to the WUTC of the City's intent to provide residential refuse collection and disposal service, assumption of the City's current indebtedness by properties in the Menzia Annexation area, and an effective date of October 5, 2008 WHEREAS, proceedings have been held in accordance with all applicable laws for the annexation to the City of Yakima of the Menzia Annexation hereinafter described, and WHEREAS, the City duly filed a notice of intention with the state Boundary Review Board for Yakima County (BRB) for the Menzia Annexation, and this matter was approved by the Board on August 6, 2008 pursuant to the provisions of RCW 36 93 150; and WHEREAS, garbage and refuse collection within the Menzia Annexation area is presently being provided by Yakima Waste Systems, Inc., under authority issued by the Washington Utilities and Transportation Commission (WUTC) to both residential and commercial accounts and the City desires to provide such services to residential accounts only in accordance with RCW 35 13.280; and WHEREAS, RCW 35 13.280 requires the City to grant Yakima Waste Systems, Inc., as the current WUTC - authorized provider of garbage and refuse collection and disposal service within the Menzia Annexation area, a franchise to continue such service to residential properties within the Menzia Annexation area for a term of not Tess than seven years after annexation becomes effective Such franchise does not apply to garbage and refuse generated by commercial establishments because the City does not provide or contract for such service The City understands that collection and disposal services to all commercial accounts within the City is now subject to and shall remain under the authority of the WUTC and that, pursuant to state law, Yakima Waste Systems, Inc., shall, under its WUTC authority, continue to provide garbage and refuse collection and disposal services to all commercial accounts within the City, including such accounts in the Menzia Annexation area; and WHEREAS, RCW 35 13.280 requires the City to provide specific notice to the WUTC regarding the City's intent, pursuant to RCW 81 77 020, and subject to the provisions of RCW 35 13.280, to provide residential refuse collection and disposal service to the Menzia Annexation area; and WHEREAS, pursuant to due and legal notice, the City Council held a public hearing on said annexation on September 2, 2008 and, as a result thereof, finds 1 The annexation requirements of RCW 35 13 120 have been satisfied through a annexation petition signed by the owners of not less than seventy -five percent in value according to the assessed valuation for general taxation of the Menzia Annexation area. 2. The Menzia Annexation area should be annexed to the City of Yakima. 3 The Menzia Annexation area should retain its current zoning pursuant to the Yakima Urban Area Zoning Map and that such zoning and classification is in accord with the Yakima Urban Area Comprehensive Plan, the General Plan of the City of Yakima. 4 The owners of the real property within the Menzia Annexation area should be required to assume existing indebtedness of the City of Yakima. 5 The needs of the City and community do require the hereinafter set forth zoning classification, and the highest and best use for said property is as hereinafter determined. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA, WASHINGTON Section 1. The property identified on the map attached hereto as Exhibit "A" and legally described in Exhibit "B ", attached hereto and incorporated by reference herein, referred to below as the "Menzia Annexation," is hereby annexed to the City of Yakima, Washington Section 2. The owners of the real property within the Menzia Annexation area shall be required to assume existing indebtedness of the City of Yakima. Section 3. The Menzia Annexation area is hereby zoned as it is currently zoned and depicted on the official zoning map for the unincorporated portion of the Yakima Urban Area which map is maintained in the Yakima County Planning Department and which map is incorporated herein by reference Section 4. The next regularly amended Zoning District Map prepared by and for the City of Yakima shall show the Menzia Annexation zoned and classified without change of zoning district but within the jurisdiction of the City of Yakima. Section 5. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the County Auditor of Yakima County and with the Board of County Commissioners of Yakima County, Washington, and to transmit a certified copy of this ordinance to the Washington Utilities and Transportation Commission to notify it of the City's intent, pursuant to § 81 77 020 RCW, and subject to the provisions of § 35 13.280 RCW, to provide residential refuse collection and disposal service to the Menzia Annexation area. Section 6. The City Clerk is hereby authorized and directed to provide, as required by RCW 35 13.270, notification by certified mail that includes a list of the Assessor's Tax Parcel numbers of all properties within the Menzia Annexation, to the Yakima County Treasurer and Assessor at least thirty days before the effective date of the annexation. Section 7. There is hereby granted to Yakima Waste Systems, Inc., in accordance with and for the term provided by RCW 35 13.280, an exclusive franchise to provide garbage and refuse collection and disposal service to residential properties within the Menzia Annexation area, in accordance with the specific terms of Ordinance Nos 3220 and 3445 of the City of Yakima and in accordance with the terms of the Franchise Agreement attached to Ordinance No 3220 (amended by Ordinance No 3445) of the City of Yakima. Such franchise does not apply to garbage and refuse generated by commercial establishments because the City does not provide or contract for such service The City understands that collection and disposal services to all commercial accounts within the City is now subject to and shall remain under the authority of the WUTC and that, pursuant to state law, Yakima Waste Systems, Inc., shall, under its WUTC authority, continue to provide garbage and refuse collection and disposal services to all commercial accounts within the City, including such accounts in the Menzia Annexation area. Section 8. This ordinance shall be in full force and effect thirty days after its passage, approval and publication as provided by law and by the City Charter PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 2nd day of September, 2008 ./ David Edler, Mayor ATTEST � , ` * SE t City Clerk 4, 4,, ® N G Publication Date. 9/5/08 Effective Date. 10/5/08 Section 7 above is accepted by Franchisee this l7 day of i)v�...,6y1Q , 2008 Yakima Waste yst s . By Signer's Name Printed: ca:7 -- �A5,,e Signer's Title ,e,/ EXHIBIT "A" J t . 1 . Menzia Annexation SPOKANE - I I S 88TH AVE i T I w-_ wY 11 • 2-+ ' ' '.GE_RD J • ■ LU . 11111. illa 11 iwt „._ • _op • ci w OHO GI i , - _ mo . r : II1 N pN� 0 • OCCIDENTAL RD w j I Q = 1 \f..; . . " 1 . Z...\ � ` kS CD CO \ / I 1 inch = 700 feet EXHIBIT "B" LEGAL DESCRIPTION FOR THE MENZIA ANNEXATION ALL THAT PORTION OF GOVERNMENT LOT 3 IN SECTION 31, TOWNSHIP 13 NORTH, RANGE 18 EAST, W M BEING FURTHER DESCRIBED AS FOLLOWS BEGINNING AT A POINT ALONG THE CITY LIMITS OF THE CITY OF YAKIMA, SAID POINT BEING ALONG THE EAST LINE OF GOVERNMENT LOT 3 AND 486 FEET NORTH OF THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 3, THENCE WEST PARALLEL TO THE SOUTH LINE OF GOVERNMENT LOT 3, 205 FEET, THENCE SOUTH PARALLEL TO THE EAST LINE OF GOVERNMENT LOT 3 TO THE POINT OF INTERSECTION WITH THE NORTH RIGHT -OF -WAY LINE OF COOLIDGE ROAD, THENCE EAST FOLLOWING ALONG SAID NORTH RIGHT -OF- WAY LINE TO THE CITY LIMITS OF YAKIMA AS ESTABLISHED BY ORDINANCE 2007 -07, THENCE NORTH FOLLOWING ALONG THE CITY LIMITS LINE TO THE POINT OF BEGINNING YAKIMA COUNTY PUBLIC WORKS DEPARTMENT CHECKED FOR ACCURACY OF LEGAL DEDESCRIPTION ONLY ek/ Ryrze,,,f RANSPORTATION EN EERING MANAGER BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON • AGENDA STATEMENT Item No 6 For Meeting Of September 2, 2008 ITEM TITLE Public Hearing and Consideration of an Ordinance approving the Menzia Annexation located at 9203 Coolidge Road SUBMITTED BY William R. Cook, Director of Community Economic Development CONTACT PERSON/TELEPHONE Jeff Peters, Assistant Planner, 575 -6163 SUMMARY EXPLANATION In completing its Menzia Annexation the City of Yakima has utilized A signed petition which represent 100% of the total assessed value of the proposed annexation area. The annexation as proposed consist of one tax parcels which currently have a total assessed valuation of $170,900 The area proposed for annexation is approximately 2.29 acres in size and has an estimated population of two people Currently all necessary utility services are available to this site and given its small size and location this annexation will not create a need for additional staffing Under the terms of RCW 35 13 130 and 35 13 140 the City Council may hold a public hearing to 0 entertain and consider the approval or disapproval of a proposed annexation when petitions for annexation have been received by the city, signed by owners of not less than seventy -five percent in value according to the assessed valuation for general taxation of the property for which annexation is petitioned. The annexation ordinance will include a statement concerning the annexed area's obligation to assume its portion of the city's bonded indebtedness, and that the zoning classification of the proposed annexation area remains unchanged pursuant to YMC 15.23 050 Property taxes for the area will be payable to the City of Yakima commencing with tax year 2010 Following the public hearing the Council shall determine by ordinance whether annexation shall be made (RCW 35 13 150) Resolution _ Ordinance X Contract _ Other (Specify) Map Funding Source N/A APPROVAL FOR SUBMITTAL. r--\ ,j City Manager STAFF RECOMMENDATION Accept Petition No 08 -03 for The Menzia Annexation and pass the ordinance • BOARD RECOMMENDATION Yakima County Boundary Review Board formally adopted their written finding approving the annexation on August 6, 2008. COUNCIL ACTION