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Home My WebLink About2001-038 Congdon Annexation ORDINANCE NO. 2001 - 38 AN ORDINANCE concerning annexation and providing for annexation of the Congdon Annexation, as approved by the Boundary Review Board, to the City of Yakima; maintenance of the current zoning of the area; notice to the WUTC of the City's intent to provide residential refuse collection and disposal service; assumption of a share of the City's current indebtedness by properties in the Congdon Annexation area; and an effective date of September 22, 2001. WHEREAS, on March 20, 2001, the Yakima City Council adopted Resolution R 2001 -58 and thereby commenced proceedings for the Congdon Annexation by the petition method of annexation authorized in RCW 35.13.125 -.160; and WHEREAS, on March 21, 2001, the City duly filed a notice of intention with the Washington State Boundary Review Board for Yakima County ( "BRB ") regarding the City's proposed Congdon Annexation; and, WHEREAS, pursuant to the request made by Yakima County Fire Protection District #12 ( "FPD #12 ") for review of the City's proposed Congdon Annexation, the BRB conducted a public hearing on June 26, 2001, regarding the proposed Congdon Annexation, at which hearing the BRB heard testimony and received evidence from the City of Yakima, FPD #12, and members of the public; and WHEREAS, on July 30, 2001, pursuant to its authority under RCW 36.93.150, the BRB issued its findings and decision approving the Congdon Annexation; and WHEREAS, RCW 36.93.155 provides that the City is only authorized to enact the Congdon Annexation as approved by the BRB; and WHEREAS, garbage and refuse collection within the Congdon 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 Congdon Annexation, a franchise to continue such service to residential properties within Congdon Annexation 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 C: \WINDOWS \TEMP \Congdon Annexation.doc Page 1 of 4 4 garbage and refuse collection and disposal services to all commercial accounts within the City, including such accounts in the Congdon Annexation; 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 Congdon Annexation; and WHEREAS, on August 8, 2001, pursuant to RCW 35.21.005, the Yakima County Assessor issued his determination of sufficiency of the petitions for the City's proposed Congdon Annexation; and WHEREAS, pursuant to due and legal notice, the City Council held a public hearing on the Congdon Annexation on August 21, 2001, 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 Congdon Annexation area. 2. The Congdon Annexation area should be annexed to the City of Yakima. 3. The Congdon Annexation area should retain its current zoning pursuant to the Yakima Urban Area Zoning Map, and 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 Congdon Annexation area should be required to assume a share of the existing indebtedness of the City of Yakima. WHEREAS, all requirements for the annexation to the City of Yakima of the Congdon Annexation as approved by the BRB have been satisfied, now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA, WASHINGTON: Section 1. The area shown as the Congdon Annexation on the attached Exhibit "A," and legally described in the attached Exhibit "B," both of which exhibits are incorporated by reference, is annexed to the City of Yakima, Washington. Section 2. The owners of the real property within the Congdon Annexation shall be required to assume a share of the existing indebtedness of the City of Yakima. C: \ WINDOWS \TEMP \Congdon Annexation.doc Page 2 of 4 Section 3. The Congdon Annexation has been and shall remain subject to the Urban Area Zoning Ordinance and the Yakima Urban Area Comprehensive Plan pursuant to agreements and shared policies of the City of Yakima and Yakima County. The zoning classifications of properties within the Congdon Annexation shall not, as a result of annexation, be changed, but shall, subject only to any pending rezone application proceedings, remain as they appear on the official zoning map for the unincorporated portion of the Yakima Urban Area, which map is maintained in the Yakima County Planning Department. However, the next regularly amended Zoning District Map prepared by and for the City of Yakima shall show the Congdon Annexation area within the jurisdiction of the City of Yakima. Similarly, future land use designations of properties within the Congdon Annexation shall not, as a result of annexation, be changed, but shall, subject only to any pending comprehensive plan amendment proceedings, remain as they appear shown in the Yakima Urban Area Comprehensive Plan. 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 RCW 81.77.020, and subject to the provisions of RCW 35.13.280, to provide residential refuse collection and disposal service to the Congdon 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 Congdon 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 Congdon 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 Congdon Annexation area. C: \ WINDOWS \TEMP \Congdon Annexation.doc Page 3 of 4 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 a st day of August, 2001. 21/ ,he Mary Place, Mayor ATTEST: t y �iCI104 a ...... • ", SEAL : 7 City Clerk 1 � y '' �� ' �►; Publication Date: 8 /22/01 �+ Effective Date: 9/22/01 Section 6 above is accepted by Franchisee this 4.-- R day of / 2001. Yakima Waste Systems, Inc. By: Signer's Name Printed: Signer's Title: sa v4 e C: \ WINDOWS \TEMP \Congdon Annexation.doc Page 4 of 4 I .. 1� I I I I l I I „'e I VI II I € M .w s� OWE _; F "� ,ov Ea 1 I _ Congdon O1 I w 1Nnrsr ww. 1HU,6, [4 1':'j " • ..... < � _ �wE Annexation I , l 1 1 m ^ F F I ! 1 _ 1t1� 1 !. i'-1' - iill + 1 . - 1 y 1 1 1 1 1 , a� o,�, .Po.� e w e r i '1 I . w �, t.l III ux_xI �w..� If I u l 11 1�1., r l ..,:tai ' Y I f ' 1 — y F i : l 2 ap K g : I City Limits 1 1 a oDgrai Pp 1 I i t I z 1 I I $ e 1 '.. 5 , 11=101, 1 ,7, -n (1f'�N.b _ I_ I�owt�aD I I -j + , 1 I'1 ' 1 ii iii 16 I� I r 1 1 I^ r ir11 I —1 _ 1 I nJ ; Four Pony Urban Area ,-, ,i_ : j . j • M. { I uve+. _ 1 I �. i I � I I l - t L i - e- l I f j Ila Annexation Area h 4,"„ e. wcsmnooc PL I , a I Iii 1 I �TJ rn W NOB HILL BLVDIJ I Ii i 1 i 5 ' J] 11 �I l j ; I 1 , 111; 1 )I- I f ' - 1- 1 .- I s e ' s � (Ifri,L �1 if ails �_ - ter., i I,-- tisiJ w ,. 1 I , 1 N I I1 n N u U T ;1 _ 11- L, 1 - l ii i i 1 . l ; w ST i - I , Melt, a r -1 �5 i g I • «'` : ;r 6Po[,wF6, 9 ,i,..: T �~ �� E� I \ 11 SPRING, int Exhibit A a 1 'I 1 . _ — L - I l N O: Yq 1 I o IJ ■ �+ I � I ��1 �� 1 1°`v s, ro ' 4 I I • , _I - - 1 I 1_ I -__ _ S Scale - lin =1500fi m I "'I j 1I I i I I 0 750 15(X) Created: September 06, 2001 S LEGAL DESCRIPTION FOR THE CONGDON ANNEXATION All that part of the South three quarters of Section 28, the North half of Section 33, the Northeast quarter of the Northeast quarter of Section 32, the East half of the Southeast quarter and the South half of the Northeast quarter of Section 29 all in Township 13 North, Range 18 East, W.M. described as follows: Beginning at a point along the corporate limits of the City of Yakima said point being the point of intersection of the South right -of -way line of West Washington Avenue and the West right -of -way line of South 48'" Avenue; thence Northerly along said West line to the South line of Lot 25, Yakima Valley Orchard Tracts, according to the Plat thereof recorded in Volume "A" of Plats, Page 75, records of Yakima County, Washington; thence Northwesterly along the South line of said Lot 25 to the Northwest corner of said Lot 25; thence Easterly along the North line of said Lot 25 to a point that is 163.19 feet Easterly of the Southwest corner of Lot 23 of said Yakima Valley Orchard Tracts; thence North 72° 49' 35" West to a point on the South right -of -way line of the Yakima Valley Transportation Company Railway; thence Southwesterly along said South right -of -way line to a point on the West line of said Lot 23; thence Northerly along the West line of said Lot 23 to the Southerly right -of -way line of West Nob Hill Blvd.; . thence Northerly along the West line of said Lot 23 extended and the West line of the Southeast quarter of the Northeast quarter of said Section 28 to the Northwest corner of said subdivision; thence Westerly to the Southeast corner of the North half of the Northwest quarter of said Section 28; thence Westerly along the South line of said North half a distance of 660.00 feet; thence continuing Westerly along the South line to the Southeast corner of the Northeast quarter of the Northeast quarter of Section 29, Township 13 North, Range 18 East, W.M.; thence Westerly along the South line of said subdivision to its intersection with the West line extended of Block 1 of the Plat of Westwood West recorded in Volume "U" of Plats, Page 18, Records of Yakima County, Washington; thence Northerly along said West line and West line extended to its point of intersection with the North right -of -way fine of Midvale Road; thence Westerly following along the North right -of -way line of Midvale Road to the point of intersection with the West right - of -way line of South 72n Avenue; thence Southerly along the West right -of -way line of South 72 Avenue to a point 698.00 feet North of the South line of the Northeast quarter of said Section 29; thence South 88° 45' East to a point that is 700.85 feet East of the West line of the Northeast quarter of said Section 29; thence South 0° 01' 35" West to the point of intersection with the South right -of -way line of Nob Hill Blvd.; thence Easterly following along the South right -of -way line of Nob Hill Blvd. to the West line of the East half of the Southeast quarter of Section 29, Township 13 North, Range 18 East W.M.; thence Southerly along the aforesaid line to the intersection of the West line of the East half of Section 32, Township 13 North, Range 18 East W.M.; thence continuing Southerly along the aforesaid line to the Northwest corner of Lot 1, Block 7, Washington Park, as recorded in Volume DD of Plats, Pagel 2, records of Yakima County, Washington; thence Easterly following along the North line of the Plat of Washington Park to the West right -of -way line of South 64 "' Avenue; thence Southerly along the aforesaid right -of -way line to its point of intersection with the South right -of -way line of West Washington Avenue; thence Easterly along the South right -of -way line of West Washington Avenue to the point of beginning. And that portion, if any, lying south of Nob Hill Boulevard and North of the Yakima Valley Transit Co. Railway in the Northeast quarter of the Southwest quarter of Section 25, Township 13 North, Range 18 East W. M. Yakima County Public Works Department Checked for accuracy of Legal Description only: CilialA/1 . s 1 (So /7xx:y ck Aquino, ight -of -Way Man ger Congdon Annexation Parcel Numbers 18132812405 18132813466 18132813402 18132813467 18132813409 18132813468 18132813410 18132823400 18132813411 18132831400 18132813413 18132833001 18132813415 18132842400 18132813416 18132844402 18132813417 18132844405 18132813418 18132844406 18132813419 18132844431 18132813420 18132844432 18132813421 18132844433 18132813423 18132844480 18132813424 18132844481 18132813425 18132913405 18132813426 18132941400 18132813429 18132944001 18132813430 18133211001 18132813434 18133311001 18132813435 18133312001 18132813436 18133313404 18132813437 18133313405 18132813438 18133313406 18132813439 18133313407 18132813442 18133313408 18132813443 18133323001 18132813444 18132813445 18132813446 18132813447 18132813448 18132813450 18132813451 18132813452 18132813453 18132813454 18132813455 18132813456 18132813457 18132813458 18132813459 18132813460 18132813461 18132813462 18132813463 18132813464 18132813465 • • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of: August 21, 2001 ITEM TITLE: Public Hearing -- Congdon Annexation SUBMITTED BY: INitafn R. Cook, Director of Community Economic Development CONTACT PERSON/TELEPHONE: Bruce Benson, Associate Planner, 575 -6042 SUMMARY EXPLANATION: The Congdon Annexation initiation (vicinity map attached) was approved by City Council on March 20,2001. The Yakima County Boundary Review Board approved the annexation on June 26, 2001. The total assessed valuation of the annexation area is $20,908,250. The city has received petitions or utilized Outside Utility Agreements for annexation signed by the owners of 82.57% of the area's assessed valuation. The annexation area consists of 76 tax parcels comprising approximately 911.4 acres and has an estimated population of 140. 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 remain unchanged pursuant to YMC 15.23.050. Property taxes for the area will be payable to the City of Yakima commencing with tax year 2003. 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 Y 9 STAFF RECOMMENDATION: Accept Petition No.01 -01 for The Congdon Annexation and adopt the ordinance. BOARD RECOMMENDATION: Yakima County Boundary Review Board formally adopted their written finding approving this annexation on 7/30/01. COUNCIL ACTION: Ordinance passed. ORDINANCE NO. 2001 -38 MOTION TO CORRECT TYPOGRAPHICAL ERROR IN ORDINANCE NO. 2001 -38 I move that the City Clerk of the City of Yakima be directed to administratively correct two minor typographical errors contained in Ordinance No. 2001 -38, passed by the City Council of the City of Yakima on August 21, 2001, as follows: In the third recital on page 2 of the ordinance, the statutory citation of RCW 35.13.120 should be changed to "RCW 35.13.130 "; and on page 4 of the ordinance the reference to "section 6 above" should be changed to section 7 above. ORDINANCE NO. 2001 - 38 AN ORDINANCE concerning annexation and providing for annexation of the Congdon Annexation, as approved by the Boundary Review Board, to the City of Yakima; maintenance of the current zoning of the area; notice to the WUTC of the City's intent to provide residential refuse collection and disposal service; assumption of a share of the City's current indebtedness by properties in the Congdon Annexation area; and an effective date of September 22, 2001. WHEREAS, on March 20, 2001, the Yakima City Council adopted Resolution R 2001- 58 and thereby commenced proceedings for the Congdon Annexation by the petition method of annexation authorized in RCW 35.13.125 -.160; and WHEREAS, on March 21, 2001, the City duly filed a notice of intention with the Washington State Boundary Review Board for Yakima County ( "BRB ") regarding the City's proposed Congdon Annexation; and, WHEREAS, pursuant to the request made by Yakima County Fire Protection District #12 ( "FPD #12 ") for review of the City's proposed Congdon Annexation, the BRB conducted a public hearing on June 26, 2001, regarding the proposed Congdon Annexation, at which hearing the BRB heard testimony and received evidence from the City of Yakima, FPD #12, and members of the public; and WHEREAS, on July 30, 2001, pursuant to its authority under RCW 36.93.150, the BRB issued its findings and decision approving the Congdon Annexation; and WHEREAS, RCW 36.93.155 provides that the City is only authorized to enact the Congdon Annexation as approved by the BRB; and WHEREAS, garbage and refuse collection within the Congdon 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 Congdon Annexation, a franchise to continue such service to residential properties within Congdon Annexation 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 Congdon Annexation; 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 Congdon Annexation; and WHEREAS, on August 8, 2001, pursuant to RCW 35.21.005, the Yakima County Assessor issued his determination of sufficiency of the petitions for the City's proposed Congdon Annexation; and WHEREAS, pursuant to due and legal notice, the City Council held a public hearing on the Congdon Annexation on August 21, 2001, and, as a result thereof, finds: 1. The annexation petition requirements of RCW 35.13.130 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 Congdon Annexation area. 2. The Congdon Annexation area should be annexed to the City of Yakima. 3. The Congdon Annexation area should retain its current zoning pursuant to the Yakima Urban Area Zoning Map, and 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 Congdon Annexation area should be required to assume a share of the existing indebtedness of the City of Yakima. WHEREAS, all requirements for the annexation to the City of Yakima of the Congdon Annexation as approved by the BRB have been satisfied, now, therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA, WASHINGTON: Section 1. The area shown as the Congdon Annexation on the attached Exhibit "A," and legally described in the attached Exhibit "B," both of which exhibits are incorporated by reference, is annexed to the City of Yakima, Washington. Section 2. The owners of the real property within the Congdon Annexation shall be required to assume a share of the existing indebtedness of the City of Yakima. \ \ ISNT\ Shared\ City Clerks \ File WORD \ AGENDA- STATEMENTS \ 2001\ corrected Congdon Annexation Ordinance.doc Page 2 of 4 Section 3. The Congdon Annexation has been and shall remain subject to the Urban Area Zoning Ordinance and the Yakima Urban Area Comprehensive Plan pursuant to agreements and shared policies of the City of Yakima and Yakima County. The zoning classifications of properties within the Congdon Annexation shall not, as a result of annexation, be changed, but shall, subject only to any pending rezone application proceedings, remain as they appear on the official zoning map for the unincorporated portion of the Yakima Urban Area, which map is maintained in the Yakima County Planning Department. However, the next regularly amended Zoning District Map prepared by and for the City of Yakima shall show the Congdon Annexation area within the jurisdiction of the City of Yakima. Similarly, future land use designations of properties within the Congdon Annexation shall not, as a result of annexation, be changed, but shall, subject only to any pending comprehensive plan amendment proceedings, remain as they appear shown in the Yakima Urban Area Comprehensive Plan. 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 RCW 81.77.020, and subject to the provisions of RCW 35.13.280, to provide residential refuse collection and disposal service to the Congdon 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 Congdon 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 Congdon 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 Congdon Annexation area. \ \ISNT \Shared \City Clerks \File- Sharing \WORD - DOCUMENTS \AGENDA- STATEMENTS \2001 \corrected Congdon Annexation Ordinance.doc Page 3 of 4 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 21st day of August, 2001. 7 /7 ' Mary Place, Mayor • ATTEST: City Clerk Publication Date: 8/ 22 / 01, Effective Date: 9/22/01 Section 7 above is accepted by Franchisee this 23rd day of August 2001. Yakima Waste Systems, Inc. By: �. ,,// Signer's Name Printed: ,5 7 1/K'.S5 - te Signer's Title: ga Typographical Errors Corrected 9- 12 -01: Page 2: 3rd recital RCW 35.13.120 changed to RCW 35.12.130 Page 4: Franchisee signature changed to reference Section 7 instead of Section 6 \ \ISNT \Shared \City Clerks \ File-Sharing\ WORD-DOCUMENTS\ AGENDA- Page 4 of 4 STATEMENTS \ 2001\ corrected Congdon Annexation Ordinance.doc