HomeMy WebLinkAbout2004-055 Valleybrook Annexation Amendment 4
ORDINANCE NO 2004- 55
AN ORDINANCE concerning annexation, regarding Ordinance No 2004 -48 which
annexed certain property, Assessor's Parcel No 181332- 24005,
on the south side of Spokane Street west of South 71 Avenue
(commonly known as the "Valleybrook Annexation ") to the City
of Yakima, and amending Section 6 of Ordinance No 2004 -48
to provide that a garbage and refuse collection service franchise
granted to Yakima Waste Systems, Inc., does not apply with
regard to garbage and refuse generated by commercial
establishments within the Valleybrook Annexation
WHEREAS, on August 17, 2004, the City Council passed Ordinance
No 2004 -48 to annex certain property, Assessor's Parcel No 181332 - 24005, on the
south side of Spokane Street west of South 71 Avenue (commonly known as the
"Valleybrook Annexation ") to the City of Yakima, and
WHEREAS, Ordinance No 2004 -48 does not contain certain necessary
language indicating that the refuse franchise granted by the City to Yakima Waste
Systems, Inc., as the current WUTC- authorized provider of garbage and refuse
collection and disposal service within the Valleybrook Annexation area, does not
apply to garbage and refuse generated by commercial establishments, and
WHEREAS, it is necessary to amend Ordinance No 2004 -48 to reflect that
the refuse franchise granted by the City to Yakima Waste Systems, Inc , does not
apply to the collection of garbage and refuse generated by commercial
establishments within the Valleybrook Annexation, now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA, WASHINGTON
Section 1 Section 6 of City of Yakima Ordinance 2004 -48 is hereby
amended to read as follows
Section 6. There is hereby granted to Yakima Waste Systems, Inc., in
accordance with RCW 35 13 280 an exclusive franchise to collect and
dispose of certain garbage and refuse in the hereinbefore described real
property annexed to the City of Yakima, 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 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 Valleybrook
Annexation area.
Section 2 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 21 day of September, 2004
aul P George, Mayor
ATTEST
ath II�w
City Clerk
Publication Date 9 -24 -2004
Effective Date 10 -24 -2004
Section 6 above is accepted by Franchisee this /c/ day of dC�2
2004
Yakima Waste Systems nc
By
Signer's Name Printed S'li L�,2v1e-4t
Signer's Title .v
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No *a
For Meeting Of Sept. 21, 2004
ITEM TITLE Consideration of an amendment to the Valleybrook Annexation Ordinance
SUBMITTED BY li Ti Iiam R. Cook, Director of Community Economic Development
CONTACT PERSON/TELEPHONE Bruce Benson, Supervising Planner, 575 -6042
SUMMARY EXPLANATION
The Valleybrook Annexation Ordinance adopted on August 17, 2004 did not include a reference to the
garbage and refuse collection service franchise granted to Yakima Waste Systems, Inc. What is
missing is a statement that their franchise does not apply to garbage and refuse generated by
commercial establishments within the Valleybrook Annexation area You are herein being requested
to amend Ordinance 2004 -48 to include the missing reference
Resolution _ Ordinance X Contract _ Other (Specify)
Funding Source N/A
APPROVAL FOR SUBMITTAL.
City Manager
STAFF RECOMMENDATION Adopt the Amendment to Annexation Ordinance No 2004 -48
BOARD RECOMMENDATION
COUNCIL ACTION Ordinance passed. ORDINANCE NO. 2004 -55