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HomeMy WebLinkAbout2006-006 State Fair Park Annexation ORDINANCE NO. 2006 - 06 AN ORDINANCE concerning annexation; annexing the State Fair Park 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 mdebtedness by properties m the State Fair Park Annexation area, and an effective date of April 9, 2006 WHEREAS, proceedings have been held in accordance with all applicable laws for the annexation to the City of Yakima of the State Fair Park 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 State Fair Park Annexation. No request was submitted invoking BRB jurisdiction, therefore on February 27, 2006 the State Fair Park Annexation was deemed approved by the Board, and WHEREAS, garbage and refuse collection within the State Fair Park 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 State Fair Park Annexation area, a franchise-to continue such service to residential properties within the State Fair Park 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 m the State Fair Park 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 State Fair Park Annexation area, and WHEREAS, pursuant to due and legal notice, the City Council held a public hearing on said annexation on March 7, 2006 and, as a result thereof, finds. 1 The annexation petition requirements of RCW 35 13 120 have been satisfied by annexation petitions signed by the owners of not less than seventy -five percent in value according to the assessed valuation for general taxation of the State Fair Park Annexation area. 2. The State Fair Park Annexation area should be annexed to the City of Yakima. (jc) ordlState Fair Park Annexation 1 3 The State Fair Park Annexation area should retam 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 State Fair Park 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: Section 1. The property identified on the map attached hereto as Exhibit "A" and legally described m Exhibit "B ", attached hereto and incorporated by reference herein, referred to below as the "State Fair Park Annexation," is hereby annexed to the City of Yakima, Washington. Section 2. The owners of the real property within the State Fair Park Annexation area shall be required to assume existing indebtedness of the City of Yakima. Section 3. The State Fair Park 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 herem by reference. Section 4. The next regularly amended Zoning District Map prepared by and for the City of Yakima shall show the State Fair Park 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 State Fair Park 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 State Fair Park 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 withm the State Fair Park 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 (je) ord/State Fair Park Annexation 2 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, mcludmg such accounts in the State Fair Park Annexation area. Section 8. This ordmance shall be m 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 7th day of _March , 2006 " ! David Edler, Mayor ATTEST ,k K 1444 __jg ; ; * e■•• City Clerk t b * ` SEAL Publication Date 3 -10 -06 "�SNING�� w Effective Date- 4 -09 -06 X Section 6 above is accepted by Franchisee this ( day of Aikt. , 2006 Yakima Waste Systems, Inc. BY' C �� Signer's Name Prmted. 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AS BOUNDED BY THE FOLLOWING CITY OF YAKIMA ANNEXATIONS ORDINANCE NO 3297 WHICH BECAME EFFECTIVE ON NOVEMBER 1, 1990, AND ORDINANCE NO 95 -10 WHICH BECAME EFFECTIVE ON MAY 1, 1995, AND ORDINANCE NO 2004 -61 WHICH BECAME EFFECTIVE ON NOVEMBER 21, 2004 YAKIMA COUNTY PUBLIC WORKS DEPARTMENT CHECKED FOR ACCURACY OF LEGAL DEDESCRIPTION ONLY NT L. MCHENRY, P E. TRANSPORTATION ENGINE' - ING MANAGER BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of: March 7, 2006 ITEM TITLE: Public earing -- State Fair Park Annexation SUBMITTED BY: 1i iam R. Cook, Director of Community Economic Development CONTACT PERSON/TELEPHONE: Bruce Benson, Supervising Planner, 575 -6042 SUMMARY EXPLANATION: In completing its Englewood Annexation the City of Yakima has utilized signed petitions which represent 100% of the total assessed value of the proposed annexation area. This annexation consists of 4 tax parcels which currently have a total assessed valuation of $21,879,300. The area proposed for annexation is approximately 113 acres in area. 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 Tess than seventy -five percent in value according to the assessed valuation for general taxation of the property for which annexation is petitioned. The three parcels owned by Yakima County are tax - exempt and the single parcel owned by the State Fair Park Board is not. Consequently, the annexation ordinance includes 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 2007. 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:it Mana•er STAFF RECOMMENDATION: Accept Petition No 06 -02 for The State Fair Park Annexation and adopt the ordinance. BOARD RECOMMENDATION: The Yakima County Boundary Review Board was not requested to invoke jurisdiction on this application. Therefore, this annexation was deemed as approved by the Board on February 27, 2006. COUNCIL ACTION: