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Home My WebLink About2007-060 Loveless Annexation / Vicinity of S. 80th Ave & Tieton Dr. CO Iii'D ‘1./ Return To Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title Ordinance No. 2007 -60 (Loveless Annexation) Grantor City of Yakima Grantee The Public Pe- recc)rct r9 due. -o I neorred e e_c_, -1-, V - aa ABBREVIATED LEGAL DESCRIPTION• All that portion of the N.E. 'A of the N.E. 1/4 of Section 30, Township 13 North, Range 18 E W.M. PARCEL NUMBER: 181330 -11405 Ar a - e- ' Ors q i nal re_corcJ cf do urrIR t,-t-- A a nel d Ql o✓e.re_ci , V/2-/OF calf -fa be re rec.c rd .2d II II II III I I II 111 III I 7597140 Page 1 of @1/24/2008 03 6 42P CITY OF YAKIMR PLANNING ORD $4? 00 Yakima Co, WA ORDINANCE NO 2007 - 60 AN ORDINANCE concerning annexation, annexing the Loveless 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 Loveless Annexation area, and an effective date of January 6 2008 WHEREAS, proceedings have been held in accordance with all applicable laws for the annexation to the City of Yakima of the Loveless Annexation hereinafter described, and WHEREAS, the City duly filed a notice of intention with the state Boundary Review Board for Ya1 ima County (BRB) for the Loveless Annexation and this matter was approved by the Board on September 28 2007 pursuant to the provisions of RCW 36 93 150 and WHEREAS, garbage and refuse collection within the Loveless 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 Loveless Annexation area, a franchise to continue such service to residential properties within the Loveless Annexation area for a term of not less 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 conlract 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 Loveless 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 Loveless Annexation area, and WHEREAS, pursuant to due and legal notice, the City Council held a public hearing on said annexation on December 4, 2007 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 Loveless Annexation area 2 The Loveless Annexation area should be annexed to the City of Yakima 3 The Annexation area should retain its current zoning pursuant to the Yakima Urban Area Zoning Map and that such zoning and classification is in accord 7597140 Page 2 of 6 01/24/2008 03 42P CITY OF YAKIMR PLANNING ORD $47 00 Yakima Co, WA with the Yakima Urban Area Comprehensive Plan, the General Plan of the City of Yakima hhe owners of the real property within the Loveless Annexation area should he required to assume existing indebtedness of the City of Yakima The needs of the City and community do require the hereinafter set forth zonings 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 YAKTMA, '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, refen to below as the "Loveless Annexation," is hereby annexed to the City of Yakima, Washington Section 2 The owners of the real property within the Loveless Annexation area shall be required to assume existing indebtedness of the City of 'Yakima Section 3 The Loveless Annexation area is hereby zoned as it is currently zoned and depicted on the official zoning neap 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 Loveless 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 Loveless 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 Loveless 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 Loveless 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 II II II I I II IIII II 7597140 Page 3 of R 01/24/2003 03 42P CITY OF YAKIMR PLANNING ORD $47 00' Yakima Co, 14 services to all commercial accounts within the City is now subject to and shall remain under the authority of the WUTC and that, pursuant to state law, Yakima Waste Systems, Inc , shall, under Its WUTC authority continue to provide garbage and refuse collection and disposal services to all commercial accounts within the City, including such accounts In the Loveless Anne \ation area Section 8 This ordinance shall be in full force and effect thirty days alter Its passage, approval and publication as provided by Iaw and by the City Charter PASSIM) BY THE CITY COUNCIL at a regular meeting and signed and approved this 4th day of December 2007 / ' . `' y avic . "dler, Mayor ATTEST r's'J , if -cr zYrM ''i' City Clerk '! { y EE a 2/7/2[707 Publication Date J/6,1 2nog Effective Date 12/4/2007 Section 6 above is accepted by Franchisee this y day of d(C , 2007 Yakima Waste Systems, Inc. By l/ <i '�, Siuier's Name Printed 5 � rr Signer's Title Title (57 1/k1-,v/4. II IIII 111 II II 7597140 Page 4 of 6 01/24/200$ 03 42P CITY OF YAKIMA PLANNING ORO $4? 00 Yakima Co) WA ,____ _ / t "; ) j I 0 I 0 ' ) \ // N 11 1 _/ , „ r / . ! / z....../ / 1 ,/ / , ( ; r ------______-- ---. i ____ •-___ 1 / ' i 1 . I I 83RD AVE L / . , 7,--- 1 i 1 \ S 132nd Av. — --2. _/' Joy., Lono ,,'---------\ - /, / / I \ I ■ ' ,I W 1 ) [ ■—___.-1 ,,/ 7' 1 \ /...774 \ 1 - ' I L/ S 131st Av ,-------'-' 1 I / / ' — f -------- . i . / 1 NEICHhA 7 NeB 1 I , ,', f Sun Vallov Way j /. - J 1 i , S 79TH AVE I I i I i I — I ' 1 I . -I 1 -- "--- ' 1 11 gi \ , 1 '‘ , 1111 . 77TH AVE ;' \ \ r( ' • / \ \ Y I / \ : I Eng 'cs,,,-- il 1J IM11 --- in , ---\\ . 76TH AVE —. J lim , \ -. ) "-- COUN • 1,U• ' I - , -,-"--,,,,.,_ ! 1 \ 1 11 . IP,,) r>oi 1 • • i S 76TH AVE ..,. ---,,,,„„ I i I H AVE .,. , L *1 I I I I 1 I I ' ---- --- _ I I I . J=f; :).- ' ' LA -, - , 1 I I / / * 1,111 I I 1 , a . 0 . a) . ar a w _ go 7597140 P?ge 5 of 8 . I II II III I I II I 11 ll I I II 01/24/2008 El3 42P CITY OF YRKIMA PLANNING ORD $47 00 Yakima Co, WA LEGAL DESCRIPTION FOR THE LOVELESS ANNEXATION ALL THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 30, 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 THE SOUTHEAST CORNER OF LOT 1 ONE SHORT PLAT 79 -181, THENCE WESTERLY ALONG THE SOUTH LINE OF SAID LOT 1 TO THE SOUTHWEST CORNER OF LOT 1, THENCE NORTHERLY ALONG THE WEST LINE OF SAID LOT 1 TO THE POINT OF INTERSECTION WITH THE CITY LIMITS OF YAKIMA, THENCE CONTINUING EASTERLY THEN SOUTHERLY ALONG THE CITY LIMITS AS ESTABLISHED BY CITY ANNEXATION ORDINANCES 2001 -46 AND 2001-66 TO THE POINT OF BEGINNING mum 111 ill 1110111111 111111011111111 7597140 Page 6 of 6 01/24/2008 03 42P CITY OF YAKIMA PLANNING ORD $47 00 Yakima Co, OA BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of: December 4, 2007 ITEM TITLE: Public Hearing -- Loveless Annexation SUBMITTED BY: William R. Cook, Director of Community Economic Development CONTACT PERSON/TELEPHONE: Bruce Benson, Supervising Planner, 575 -6042 SUMMARY EXPLANATION: In completing its Loveless Annexation the City of Yakima has utilized signed Outside Utility Agreements and petitions which represent 100% of the total assessed value of the proposed annexation area. The annexation as proposed consistes of one tax parcels which currently have a total assessed valuation of $149,000. The area proposed for annexation is approximately 1.9 acres in size and has an estimated population of approximatly 2 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 35.13.1.40 the City Council may hold a public hearing to 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 Tess 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 2009. 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: C' Mana • er STAFF RECOMMENDATION: Accept Petition No 07 -06 for The Loveless Annexation and adopt the ordinance. BOARD RECOMMENDATION: Yakima County Boundary Review Board formally adopted their written finding approving the annexation on September 28, 2007. COUNCIL ACTION: