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Home My WebLink About2006-052 Vander Houwen Annexation • Return To: Yakima County Public Services Dept. Attn C.J Catt 4 Floor, Courthouse 128 North Second Street Yakima, WA 98901 Document Title ORDINANCE NO. 2006-52 / BRB 06 -004 (Vander Houwen Annexation) Grantor City of Yakima Grantee The Public ABREYIATED LEGAL DESCRIPTION All that portion of the Northwest 1 /4 of Section 29, Township 13 North, Range 19 E W.M. (See attached Exhibit B for complete legal description) Parcel Number: 181317 -34426 7538340 Page 1 of 6 11/29/2006 03 25P YAKIMA COUNTY PLANNING DE ORD $37 00 Yakima Co, WA ORDINANCE NO. 2006 -52 AN ORDINANCE concerning annexation, annexing the Vander Houwen 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 Vander Houwen Annexation area, and an effective date of December 10, 2006 WHEREAS, proceedings have been held in accordance with all applicable laws for the annexation to the City of Yakima of the Vander Houwen 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 Vander Houwen Annexation No request was submitted invoking BRB jurisdiction, therefore on August 29, 2006 the Vander Houwen Annexation was deemed approved by the Board, and WHEREAS, garbage and refuse collection within the Vander Houwen 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 Vander Houwen Annexation area, a franchise to continue such service to residential properties within the Vander Houwen 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 Vander Houwen 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 Vander Houwen Annexation area, and WHEREAS, pursuant to due and legal notice, the City Council held a public hearing on said annexation on November 7, 2006 and, as a result thereof, finds: 1 The annexation petition requirements of RCW 35 13 120 have been satisfied by an annexation petition signed by the owner of not less than seventy -five percent in value according to the assessed valuation for general taxation of the Vander Houwen Annexation area. 2 The Vander Houwen Annexation area should be annexed to the City of Yakima 3. The Vander Houwen Annexation area should retain its current zoning pursuant to the Yakima Urban Area Zoning Map and that such zoning and 1111111 111 Page 7538340 0 5 11/2912005 03 25P ORD ? 00 Yakima Co, WA YAKIMR COUNTY PLANNING DE 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 Vander Houwen 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 "Vander Houwen Annexation," is hereby annexed to the City of Yakima, Washington Section 2. The owners of the real property within the Vander Houwen Annexation area shall be required to assume existing indebtedness of the City of Yakima. Section 3. The Vander Houwen 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 Vander Houwen 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 Vander Houwen 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 Vander Houwen 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 Vander Houwen 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 P 538340 6 11/2912006 03 25P YAKIMA COUNTY PLANNING DE ORD $3 08 Yakima Co, WA garbage and refuse collection and disposal services to all commercial accounts within the City, including such accounts in the Vander Houwen.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 meetin. and signed and approved this 7th day of November , 2006 –/,_ A .1 (<< avid Ed er, Mayor ATTEST ■ City Clerk Publication Date November 10, Vi SEAL i 2006 – *.- ' 'Lit. t r �o Effective Date. December 10, 2006 t �i�� 2 Section 6 above is accepted by Franchisee this 0 ' 14 ° day of Aievi i6;de , 2006 Yakima Waste Systems, Inc. By- c�Jc Signer's Name Printed , ,— 4,51, -eo . Signer's Title. ,t //),f1,,r,,,,Ca 7538340 Page 4 of 6 11/29/2006 03 25P YAKIMA COUNTY PLANNING DE ORO $37 00 Yakima Co, WA , d ® 4$" 8 O 3 g ism f v+a g C - `�` _ °: C o 10 ' ® Z EXHIBIT A N W • Z . Itt Mr 11111 Ill 1 D U w U . ff . V1 /; / ; ,►� o • Nu MIK Mi : P a l l Ilr ! � ®Il�i�1ii� a . ____ sr •IN W rr mie ll r, 1.1 4 4 0 INIIV E- o LIJ 0 1111 " ' itt0. 4 Lu -- i1 Ar l H 68 N 1 as �, — � . 3 (v) T 7538340 Page 5 of 6 1112912006 03 25P YAKIMA COUNTY PLANNING DE ORD $37 00 Yakima Co, WA Exhibit (B) LEGAL DESCRIPTION FOR THE VANDER HOUWEN ANNEXATION All that part of the southwest quarter of Section 17, Township 13 North, Range 18 East, W.M. described as follows: Begnnnmg at a point along the city limits of the City of Yakima, said point being the southwest corner of Lot 38, Yakima Orchard Highland Company's Orchard Tracts, as recorded in Volume `B" of Plats, page 31, records of Yakima County, Washington, thence northerly along the west brie of said Lot 38 and said line extended north to a pomt west of the south line of Lot 3 of short plat recorded in Book 82 of short plats, page 231, records of Yakima County, Washington; thence east to the southwest corner of the aforesaid Lot 3, thence easterly following along the south hne of Short Plat 82 -231 to the point of intersection with the city limits of the City of Yakima, thence southerly and westerly following along the city limits of the City of Yakima to the pomt of beginning. Yakima County Pubhc Works Department checked for accuracy of legal description only i ent L. McHenry, P.E. Transportation Engineering Manager II II 1111 I II I 1111 1[11 II 7538340 Page 6 of 6 1112812006 03 25P YAKIMA COUNTY PLANNING DE ORD $37 08 Yakima Co, WA BUSINESS OF THE CIITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. Cp For Meeting Of: November 7, 2006 ITEM TITLE: Public Hearing -- Vander Houwen Annexation SUBMITTED 154(Clidm R. Cook, Director of Community Economic Development CONTACT PERSON/TELEPHONE: Bruce Benson, Supervising Planner, 575 -6042 SUMMARY EXPLANATION: In completing the Vander Houwen Annexation the City of Yakima has utilized a signed petition which represents 100% of the total assessed value of the proposed annexation area. This annexation consists of 1 tax parcel which currently has a total assessed valuation of $230,400. This proposed annexation is approximately 9.6 acres: in size and consists of vacant land. 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 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 2008. Following the public hearing the Council shall determine by ordinance whether annexation shall be made (RCW 35.13.150). Resolution Ordinance X Other (Specify) Map Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: Ci Mana•er STAFF RECOMMENDATION: Accept Petition No 06 -013 for The Vander Houwen Annexation and adopt the ordinance. BOARD RECOMMENDATION: There were no requests for the Yakima County Boundary Review Board to invoke jurisdiction on this application. Consequently this annexation was deemed as approved on August 29, 2006. COUNCIL ACTION: