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Home My WebLink About1999-036 South 26th Avenue Annexation b • • Return To: Yakima City Clerk 129 North Second Street • Yakima, WA 98901 Document Title:, Ordinance Nos. 99 -32 and 99 -36 (South;26 Avenue Annexation) • • Grantor: City of Yakima' Grantee: Public Legal Description: All that part of the East Half of Section 3,, Township 12 North, Range 18 East, W.M. as described. (See EXHIBIT "B" for X11 description) Parcel Numbers: 181203 - 14401,„ 181203- 14402, 181203 - 14403, 181203 - 14405, • 181203- 14415,4nd 181203- 14416. • • • • • • 7139758 Page: 1 of 10/12/1999 02.49P YA KIMA CITY CLERK ORD $14 AA Yakima N. UP ORDINANCE NO. 99 - 36 AN ORDINANCE concerning annexation; and amending Ordinance 99 -32, South 26th Avenue Annexation, passed August 17, 1999, to revise the effective date of Ordinance 99 -32 from October 1, 1999, to January 1, 2000. WHEREAS, all necessary proceedings have been held in accordance with all applicable laws for the annexation to the City of Yakima of the South 26th Avenue Annexation, and WHEREAS, Section 8 of City of Yakima Ordinance 99 -32, passed on August 17, 1999, provided: This ordinance shall be in full force and effect the first day of the calendar month next following thirty days after its passage, approval and publication as provided by law and by the City Charter, which results in an actual effective date of October 1, 1999, for the South 26th Avenue Annexation, and WHEREAS, the plans of certain property owners in the annexation area will be significantly adversely affected if the South 26th Avenue Annexation becomes effective before January 1, 2000, and WHEREAS, it is in the best interests of the City of Yakima that the effective date of Ordinance 99 -32 be amended from October 1, 1999, to January 1, 2000, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA, WASHINGTON: The effective date of Ordinance 99 -32 is amended from October 1, 1999, to January 1, 2000. PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 7th day of September, 1999. Sl JOHN PUCCINELLI ccinelli, Mayor ATTEST: ;, ti..'+. + _+��.X = •.. - an Curr4Cf copy 'O�' the e ROBERTS, CMC orv,on �1 �:: EiEJ° ` : `3Q T 9 1 0 1 CLERK City Clerk 1 .k r BY ..... « .... Uty Publication Date: 9 -1099 Effective { a * - e: 1 -1-00 The amendment of the effective date of, Ordinance 99 -32 is accepted by Franchisee this day of ,1999. Yakima Waste Systems, Inc. By: Signer's Name Printed: Signer's Title: 7139758 II II 1111 I III 11 I II Page 2 of 7 10/12/1999 02.49P • ORDINANCE NO. 99 - 32 AN ORDINANCE concerning annexation; annexing the S 26th Avenue 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 S 26th Avenue Annexation area; and an effective date of October 1, 1999. WHEREAS, proceedings have been held in accordance with all applicable laws for the annexation to the City of Yakima of the S 26th Avenue 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 S 26th Avenue Annexation, and because forty -five days passed after the notice of intention was filed without any party requesting BRB review, the annexation is deemed approved by the BRB pursuant to the provisions of RCW 36.93.100; and WHEREAS, garbage and refuse collection within the S 26th Avenue 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 S 26th Avenue Annexation area, a franchise to continue such service to residential properties within S 26th Avenue 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 S 26th Avenue 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 S 26th Avenue Annexation area; and WHEREAS, pursuant to due and legal notice, the City Council held a public hearing on said annexation on November 3, 1998, 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 S 26th Avenue Annexation area. 2. The S 26th Avenue Annexation area should be annexed to the City of Yakima. 3. The S 26th Avenue 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 S 26th Avenue Annexation area should be required to assume existing indebtedness of the City of Yakima. 7139758 Page 3 of 7 10112/1999 02 4: YAKIMA CITY CLERK ORD $14.00 Yakima Co, WA e 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 "S 26th Avenue Annexation," is hereby annexed to the City of Yakima, Washington. • Section 2. The owners of the real property within the S 26th Avenue Annexation area shall be required to assume existing indebtedness of the City of Yakima. Section 3. The S 26th Avenue 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 S 26th Avenue 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 S 26th Avenue 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 S 26th Avenue Annexation, to the Yakima County Treasurer and Assessor at least thirty days before the effective date of the annexation. Section 7. There is 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 S 26th Avenue 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 S 26th Avenue Annexation area. 11111111 11111 II 7139758 Page: 4 of 7 1011211999 02 :49P Y ROMA r.try n rRk nen A.4.1 nn Section 8. This ordinance shall be in full force and- effect the first day, of the calendar month next following 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 17th day of August_, 1999. S/ JOHN PUCCINELLU John Puccinelli, Mayor A'1:1'EST: is/ !s/ S. ROBERTS, Y.i588:! City Clerk Publication Date: AT_ '0, 1 999 Effective Date: October 1, 1999 Section 6 above is accepted by Franchisee this day of , 1999. Yakima Waste Systems, Inc. By: Signer's Name Printed: Signer's Title: C: \word \annexation \annexation area ord 7- 29.doc Last printed 10/28/98 12:05 PM C 4 r i ;:.; to R"eCa fiI° .~)d'Y_cor ct cosy of the ol;yii a filed 1-Rifififig O�qc IT CLERK / BY. t l!t! Deputy 7139758 • Page: 5 of 7 V AVTMA rtTV ri c it + ridgy leld nn m14... 49P II Ill II 9 0P S36THAVE - — �c 9LTH AVF WW1 • 1 • • • • .\\S ‘ N%,' L C . (--, in 1 2 Nz EXHIBIT "A" a ose I , , S .�'. y • r , r f es�r �D S • 7139758 Page: 6 of 7 • • 10/12/1999 02 :49P CITY OF YAKIMA SOUTH 26 AVENUE ANNEXATION Legal Description All that part of the East Half of the East Half of Section 3, Township 12 North, Range 18 East, W.M. described as follows: Beginning at a point on the existing corporate limits of the City of Yakima; said point being the Northeast corner of Lot 1 of Short Plat 85 -122, records of Yakima County, Washington; thence Southerly along the West right -of -way line of South 26 Avenue and the West right -of -way line extended of South 26 Avenue, to the intersection of the South right -of -way line of Ahtanum Road; thence Westerly along said South right -of -way line of Ahtanum Road to a point, said point being the intersection with the West line of Lot 4 of said Short Plat 85 -122 extended southerly; thence Northerly to the Southwest corner of Lot 4. of said Short Plat 85 -122; thence northerly along the west line of said Short Plat 85 =122 to the Northwest corner of Lot 1 of said Short Plat 85 -122, said Northwest corner being on the existing corporate limits of the City of Yakima; thence Southeasterly in a straight line along said existing corporate limits, also being the North line of Lot 1 of said Short Plat 85 -122, to the point of beginning. Also, any portion of South 26 Avenue right -of- -way lying adjacent to the above description not previously annexed into the City of Yakima. YAKIMA COUNTY PUBLIC WORKS, DEPARTMENT Checked for Accuracy of Legal Description Only: 5/2 a/1i William E. Maggard, P. F1 I Date Engineering Services Manager Annex199 \Yakima.02 EXHIBIT B 1111 II II 1111 II II 7139758 Page: 7 of 7 10/12/1999 02 :49P ORDINANCE NO. 99 - 36 AN ORDINANCE concerning annexation; and amending Ordinance 99 -32, South 26th Avenue Annexation, passed August 17, 1999, to revise the effective date of Ordinance 99 -32 from October 1, 1999, to January 1, 2000. WHEREAS, all necessary proceedings have been held in accordance with all applicable laws for the annexation to the City of Yakima of the South 26th Avenue Annexation, and WHEREAS, Section 8 of City of Yakima Ordinance 99 -32, passed on August 17,1999, provided: This ordinance shall be in full force and effect the first day of the calendar month next following thirty days after its passage, approval and publication as provided by law and by the City Charter, which results in an actual effective date of October 1, 1999, for the South 26th Avenue Annexation, and WHEREAS, the plans of certain property owners in the annexation area will be significantly adversely affected if the South 26th Avenue Annexation becomes effective before January 1, 2000, and WHEREAS, it is in the best interests of the City of Yakima that the effective date of Ordinance 99 -32 be amended from October 1, 1999, to January 1, 2000, now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA, WASHINGTON: The effective date of Ordinance 99 -32 is amended from October 1, 1999, to January 1, 2000. PAS,ED BY THE CITY COUNCIL at a regular meeting and signed and approved this '777ffff day of September, 1999. / � John Puccinelli, Mayor ATTEST: City Clerk Publication Date: s 9 Effective Date: 61 0 1 - The amendment of the effective date of Ordinance 99 -32 is accepted by Franchisee this day of ,1999. Yakima Waste Systems, Inc. By: Signer's Name Printed: Signer's Title: 9! BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. a For Meeting Of: September 7. 1999 ITEM TITLE: Amendment to the S 26th Avenue Annexation Ordinance changing the effective date. SUBMITTED BY: William R. Cook, Director of Community Economic Development CONTACT PERSON/TELEPHONE: Bruce Benson, Associate Planner, 575 -6042 SUMMARY EXPLANATION: On August 17, 1999 the S 26th Avenue Annexation was approved and the Ordinance stipulating an effective date of October 1, 1999 was adopted. During our preparations for the completion of this annexation we were made aware that one of the properties within the annexation area was being sold. The purchaser's financing package includes partial funding from a Yakima County Block Grant administered by the State of Washington. Because of the County Block Grant money there was a financing stipulation that the purchased property must be within unincorporated Yakima County at the time of closing. We had coordinated with the purchasers so that our hearing date and the annexation's effective date would permit this condition to be met. Subsequent, to our hearing, however, a delay in the financing process occurred that will postpone the closing date by approximately two months. The City has, therefore, been requested to change the effective date of this annexation to January 1, 2000. RCW 35.13.110 stipulates that an annexation is effective on the date fixed in the annexation ordinance. The statute, however, does not specify any date by which the annexation must be made effective. Therefore, there is no statutory reason for not amending the effective date of the annexation. Changing the date of annexation will not affect the timing for the City's receipt of real property tax revenues. Resolution _ Ordinance X Contract _ Other (Specify) Funding Source APPROVAL FOR SUBMITTAL: City Mhager STAFF RECOMMENDATION: Amend the ordinance to change the effective date of the annexation to January 1, 2000. BOARD RECOMMENDATION: N/A COUNCIL ACTION: