HomeMy WebLinkAbout2007-046 West Powerhouse Annexation ` s
•
ORDINANCE NO. 2007 - 46
AN ORDINANCE concerning annexation; annexing the West Powerhouse II 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; providing for
assumption of the City's current indebtedness by properties in the West
Powerhouse II Annexation area; and providing for an effective date of
November 4, 2007.
WHEREAS, proceedings have been held in accordance with all applicable laws for the
annexation to the City of Yakima of the West Powerhouse II 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 West Powerhouse II Annexation, and this matter was
approved by the Board on August 20, 2007 pursuant to the provisions of RCW 36.93.150; and
WHEREAS, garbage and refuse collection within the West Powerhouse II 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 West Powerhouse II Annexation area, a franchise to continue such service to
residential properties within the West Powerhouse II 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 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 West Powerhouse II
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 West
Powerhouse II Annexation area; and
WHEREAS, pursuant to due and legal notice, the City Council held a public hearing on said
annexation on October 2, 2007 and, as a result thereof, finds:
1. The annexation petition requirements of RCW 35.13.120 have been satisfied
through a combination of annexation petitions and outside utility agreement
annexation covenants signed by the owners of not less than seventy -five percent in
value according to the assessed valuation for general taxation of the West Powerhouse
II Annexation area.
2. The West Powerhouse II Annexation area should be annexed to the City of
Yakima.
3. The West Powerhouse II 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 West Powerhouse II 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 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 "West Powerhouse II Annexation," is hereby annexed to the City of Yakima,
Washington effective on November 4, 2007..
Section 2. The owners of the real property within the West Powerhouse II Annexation
area shall be required to assume existing indebtedness of the City of Yakima.
Section 3. The West Powerhouse II 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 West Powerhouse II 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 West Powerhouse II
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 West Powerhouse II 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 West Powerhouse II
•
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
West Powerhouse II 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 October , 2007. , /
4,1 David Edler, Mayor
ATTEST:
'
Mr"— /
City Clerk if ....1,..-
I * SEAL
Publication Date: 10 -5 -2007 , f o '
Effective Date: 11 -4 -2007 ^ gsHI NG�
Section 6 above is accepted by Franchisee this '7 day of //D •,�.5 ,
2007.
Yakima Waste Systems, Inc.
By: ce. f.
Signer's Name Printed: ,?- X,,.gs
Signer's Title: Ge,,. �iztrc. ,GG4,+,4. ,-;?/2
4
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LEGAL DESCRIPTION FOR THE
POWER HOUSE II ANNEXATION
BEGINNING AT A POINT ON THE CITY LIMITS OF YAKIMA, SAID POINT
BEING THE INTERSECTION OF THE WEST LINE OF SECTION 10,
- SKIP 73 NORTH RANGE 18 EAST, W.M. WITH THE SOUTHERLY •
RIGHT -OF -WAY LINE OF SR -12;
THENCE SOUTHERLY ALONG SAID SECTION LINE TO THE NORTHERLY
RIGHT -OF -WAY LINE OF THE NACHES AND COWICHE CANAL; •
THENCE SOUTHEASTERLY ALONG SAID NORTH CANAL RIGHT -OF -WAY
LINE TO THE SOUTH LINE OF SAID SECTION 10;
THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SECTION 10 TO
THE SOUTHWEST CORNER THEREOF;
THENCE NORTHERLY ALONG THE WEST LINE OF SAID SECTION 10 TO
THE CENTER OF THE YAIIMMA VALLEY CANAL COMPANY'S CANAL;
THENCE NORTHWESTERLY ALONG SAID CANAL TO THE NORTH LINE OF
THE SOUTHWEST QUARTER OF THE SOUTHEAST_- QUARTER. OF SAID
SECTION 9;
THENCE EASTERLY ALONG THE NORTH LINE OF SAID SUBDIVISION 478
FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION
9 ;
THENCE NORTHERLY ALONG THE WEST LINE OF SAID NORTHEAST
QUARTER .OF THE SOUTHEAST QUARTER OF SAID SECTION 9 A
DISTANCE OF 855 FEET, MORE OR LESS, TO THE SOUTHERLY RIGHT-OF-
WAY LINE OF SR-12;
1 • THENCE SOUTHEASTERLY ALONG SAID RIGHT -OF -WAY LINE A
DISTANCE OF 1,650 FEET, MORE OR LESS, TO THE WEST LINE OF SAID
..SECTION 10, BEING A POINT ON THE EXISTING CORPORATE LIMITS OF
THE CITY OF YAKIMA, AND THE POINT OF BEGINNING.
YAKIMA COUNTY PUBLIC WORKS DEPARTMENT
CHECKED FOR ACCURACY OF
LEGAL DESCRIPTION 0 Y:
- /- tom
• NT L. MCHE • , P. ., •
YAKIMA COUNTY PUBL • WORKS
EXHIBIT B
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of: October 2, 2007
ITEM TITLE: Public Hearing -- West Powerhouse II 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 West Powerhouse II 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 fifteen tax parcels which currently have a
total assessed valuation of $1,085,050. The area proposed for annexation is approximately 61 acres in
size and has an estimated population of approxirnatly 11 people.
Under the . terms of RCW 35.13.130 and 35.13.140 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 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 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:
City Manager
STAFF RECOMMENDATION: Accept Petition No 07 -05 for The West Powerhouse II Annexation and
adopt the ordinance.
BOARD RECOMMENDATION: Yakima County Boundary Review Board formally adopted their written
finding approving the annexation on August 20, 2007.
COUNCIL ACTION:
Return To:
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title: ORDINANCE NO. 2007-46
(West Powerhouse II Annexation)
Grantor: City of Yakima
Grantee: The Public
ABREVIATED LEGAL DESCRIPTION:
Annexation of 30 acres or property into the City of Yakima city limits located in
Section 10, Township 13 North, Range 18 East, W.M. (See attachment Exhibit "B"
for complete legal description.)
Parcel Numbers:
181310 - 33005, 181310 - 33004, 181309 - 44008, 181309 - 41006, 181309 - 41007,
181310 - 33007, 181309- 44007, 181309 - 41002, 181309- 44003,
181310- 33006,181309- 44006, 181309- 41003.
i
CITY OF ; YAKIMA • CODES „DII; ORD ;;',1 W.601 Yakima Co, WA
ORDINANCE NO. 2007 - 46
AN ORDINANCE concerning annexation; annexing the West Powerhouse II 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; providing for
assumption of the City's current indebtedness by properties in the West
Powerhouse II Annexation area; and providing for an effective date of
November 4, 2007.
WHEREAS, proceedings have been held in accordance with all applicable laws for the
annexation to the City of Yakima of the West Powerhouse II 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 West Powerhouse II Annexation, and this matter was
approved by the Board on August 20, 2007 pursuant to the provisions of RCW 36.93.150; and
WHEREAS, garbage and refuse collection within the West Powerhouse II 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 West Powerhouse II Annexation area, a franchise to continue such service to
residential properties within the West Powerhouse II 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 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 West Powerhouse II
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 West
Powerhouse II Annexation area; and
WHEREAS, pursuant to due and legal notice, the City Council held a public hearing on said
annexation on October 2, 2007 and, as a result thereof, finds:
1. The annexation petition requirements of RCW 35.13.120 have been satisfied
through a combination of annexation petitions and outside utility agreement
annexation covenants signed by the owners of not less than seventy -five percent in
value according to the assessed valuation for general taxation of the West Powerhouse
II Annexation area.
111 110 101 111 q 2122 6 12/1012967 16 6 36A
CITY OF YAK I MA - CODES 01111 ■ 4RD 1#5,89 Yakima Co, WA
I' 1 .l'
2. The West Powerhouse II Annexation area should be annexed to the City of
Yakima.
3. The West Powerhouse II 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 West Powerhouse II 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 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 "West Powerhouse II Annexation," is hereby annexed to the City of Yakima,
Washington effective on November 4, 2007..
Section 2. The owners of the real property within the West Powerhouse II Annexation
area shall be required to assume existing indebtedness of the City of Yakima.
Section 3. The West Powerhouse II 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 West Powerhouse II 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 West Powerhouse II
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 West Powerhouse II 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 West Powerhouse II
1111 1111 1111 1110111111 111111 111 7592126
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CITY ,OF YAKIMA * CODR3 OI j'i I. ,ORO'i', 15,96 Yakima Co, WA
•
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
West Powerhouse I1 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 October , 2007.
444/—
David Edler, Mayor
ATTEST:
y PKIMq ''' , ,
• • apj (To-2- i -"vs- f Vi c , `
City Clerk s SEA 9 i
Publication Date: 10 -5 -2007 a 11 G `0 f °
Effective Date: 11 -4- 2007
Section 6 above is accepted by Franchisee this day of No
2007.
Yakima Waste Systems, Inc.
By
Signer's Name Printed: 5cL, 7 , ) e,A7 rsc v
Signer's Title: G•E,JF.er 444.vAr •<
M q
Certified to be a true and correct copy of the
original filed in my office. ` 9
ITT CLERIC
•
•
By a...% Deputy ' .
•
Immtuntimil
7592126
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CITY OF YAKIMR' - 'CODES. 01' II;; ORD „ 45i_g9�1 Yakima Co, WA
1 FGALDESCRIPTION FOR THE
POWER HOUSE II ANNEXATION
BEGINNING AT A POINT ON THE CITY LIMITS OF YAKIMA, SAID POINT
• BEING THE INTERSECTION OF THE WEST LINE OF SECTION 10,
• •
- TOWNSHIP-T NORTH; RANGE 18 EAST, W.M. WITH THE SOUTHERLY
RIGHT -OF -WAY LINE OF SR-12;
THENCE SOUTHERLY ALONG SAID SECTION LINE TO THE NORTHERLY
RIGHT -OF -WAY LINE OF THE NACRES AND COWICHE CANAL; •
THENCE SOUTHEASTERLY. ALONG SAID NORTH CANAL RIGHT -OF -WAY
LINE TO THE SOUTH LINE OF SAID SECI•ION 10;
THENCE WESTERLY ALONG THE SOUTH LINE OF SAID SECTION 10 TO
THE SOUTHWEST CORNER THEREOF;
THENCE NORTHERLY ALONG THE WEST LINE OF SAID SECTION 10 TO
THE CENTER OF THE YAKIMA VALLEY CANAL COMPANY'S CANAL;
THENCE NORTHWESTERLY ALONG SAID CANAL TO THE NORTH LINE OF
THE SOUTHWEST QUARTER OF THE SOUTHEAST- QUARTER- OF SAID
SECTION 9;
THENCE EASTERLY ALONG THE NORTH LINE OF SAID SUBDIVISION 478
FEET, MORE OR LESS, TO THE SOUTHWEST CORNER OF THE
NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SAID SECTION
9;
THENCE NORTHERLY ALONG THE WEST LINE OF SAID NORTHEAST
QUAR'I'ER OF THE . SOUTHEAST QUARTER OF SAID SECTION 9 A
DISTANCE OF 855 FEET, MORE OR LESS, TO THE SOUTHERLY RIGHT -OF-
WAY LINE OF SR -12;
THENCE SOUTHEASTERLY ALONG SAID RIGHT -OF -WAY LINE A
DISTANCE OF 1,650 FEET, MORE OR LESS, TO THE WEST LINE OF SAID
SECTION 10, BEING A POINT ON THE EXISTING CORPORATE LIMITS OF
THE CITY OF YAKIMA, AND THE POINT OF BEGINNING.
YAKIMA COUNTY PUBLIC WORKS DEPARTMENT
CHECKED FOR ACCURACY OF
I "FGAL DESCRIPTION 'O Y:
'T L. MCHE • , P. .,
YAKIMA COUNTY PUBL WORKS
EXHIBIT B
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