HomeMy WebLinkAbout2001-069 Miller Annexation Return To:
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title: City of Yakima Ordinance No. 2001 -69
(Miller Annexation / 5303 Scenic Drive)
Grantor: City of Yakima
Grantee: Public
LEGAL DESCRIPTION: All that part of the Southeast Quarter of Section
16, Township 13 North, Range 18 East, W.M., described as follows:
Lot 33, "Scenic Crest" according to the plat thereof recorded in Volume
"T" of Plats, page 10 records of Yakima County, Washington
Parcel Number: 181316 -42426
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CITY OF YAKIMA
ORD $15.00 Yakima Co, WA
ORDINANCE NO. 2001 - 69
AN ORDINANCE concerning annexation and providing for annexation of the
Miller Annexation 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 property in the Miller Annexation area.
WHEREAS, on August 21, 2001, the Yakima City Council commenced proceedings
for the Miller Annexation by the petition method of annexation authorized in
RCW 35.13.125 -.160, and
WHEREAS, on October 4, 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 Miller Annexation, and
WHEREAS, on November 27, 2001, the BRB notified the City that the 45 -day filing
period had passed since the Notice of Intention for the Miller Annexation was
filed and that, pursuant to RCW 36.93.100(4), the Miller Annexation is
deemed approved by the BRB, and
WHEREAS, garbage and refuse collection within the Miller 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 Miller Annexation, a franchise to continue
such service to residential properties within the Miller 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 Miller 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
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CITY OF YAKIMA ORD $15,00 Yakima Co, WA
provisions of RCW 35.13.280, to provide residential refuse collection and
disposal service to the Miller Annexation, and
WHEREAS, pursuant to due and legal notice, the City Council held a public hearing
on the Miller Annexation on December 18, 2001, and, as a result thereof, finds:
1. The annexation petition requirements of RCW 35.13.120 applicable to
the Miller Annexation have been satisfied.
2. The Miller Annexation area should be annexed to the City of Yakima.
3. The Miller 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 Miller 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 Miller
Annexation 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 Miller Annexation on the attached Exhibit "A,"
and legally 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 Miller Annexation shall be
required to assume a share of the existing indebtedness of the City of Yakima.
Section 3. The Miller 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 Miller 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 Miller Annexation area within the jurisdiction of the
City of Yakima. Similarly, future land use designations of properties within
the Miller 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 Yakima Urban Area
Comprehensive Plan.
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CITY OF YAKIMA ORO $15.00 Yakima Co, WA
Section 4. 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 RCW, to
provide residential refuse collection and disposal service to the Miller
Annexation area.
Section 5. 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 property within the Miller
Annexation, to the Yakima County Treasurer and Assessor at least thirty days
before the effective date of the annexation.
Section 6. 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 Miller 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.
Section 7. 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 18 day of December 2001.
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Mary Place, Mayor
ATTEST:
Ka), ,48
City Clerk
Publication Date: 12 -21 -2001
Effective Date: 1 -20 -2002
Section 6 above is accepted by Franchisee this day of
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Yakima Waste Systems, Inc.
7 By .--_ r
Signer's Name Printed: -Srlr 4 /1v—
Signer's Title: �� ,oa -'
C: \Karen's Files \ ORDINANCES \ PETERSON \ Miller Annexation.doc Last printed 12/13/01 10:44 AM
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CITY OF YAKIMA ORO $1 Yakima Co, WA
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Miller
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LEGAL DESCRIPTION
• FOR
THE MILLER ANNEXATION
All that part of the Southeast Quarter of Section 16, Township 13 North, Range 18 East, W.M.,
described as follows:
Lot 33, "Scenic Crest" .according to the plat thereof recorded in Volume "T" of Plats,
page 10, records of Yakima County, Washington.
YAKIMA COUNTY PUBLIC WORKS DEPARTMENT
Checked for Accuracy of
Legal Description Only:
V' 1 /) c = a C�• l )
f
Jack M. Aquino, SP/VIA Date
of Way Manager
EXHIBIT 'B'
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CITY Of YRKIMR • OR . $15 : 00 Yakima Co, WA
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of: December 18, 2001
ITEM TITLE: Public Hearing -- The Miller Annexation
SUBMITTED BYV b iam ea � R. Cook, Director of Community Economic Development
CONTACT PERSON/TELEPHONE: Bruce Benson, Senior Planner, 575 -6042
SUMMARY EXPLANATION:
The Miller Annexation initiation (vicinity map attached) was approved by City Council on August 21,
2001. On November 27, 2001 the Yakima County Boundary Review Board, having received no
requests to invoke jurisdiction, deemed this annexation as approved. This annexation is comprised of
a single, developed residential lot with an assessed valuation of $167,800. The city has received a
petition for annexation signed by the owners of the lot.
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 property 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
STAFF RECOMMENDATION: Accept Petition No 01 -07 for The Miller Annexation and adopt the
ordinance.
BOARD RECOMMENDATION: The Yakima County Boundary Review Board deemed this annexation
as approved on November 27, 2001.
COUNCIL ACTION: Ordinance passed. ORDINANCE NO. 2001 -69