HomeMy WebLinkAbout1998-043 Refuse and garbage collection 4
ORDINANCE NO. 98 - 43
AN ORDINANCE concerning garbage and refuse collection and disposal services in
the City of Yakima, stating the City's intention to provide garbage
and refuse collection and disposal services to residential properties
in all incorporated areas of the City, including areas annexed
effective after July 27, 1997, subject to the provisions of RCW
35.13.280, and directing the City Clerk to provide notice of this
intent to the Washington Utilities and Transportation Commission.
WHEREAS, pursuant to § 81.77.020 RCW and § 1.18.050(6) YMC, and subject to
the provisions of § 35.13.280 RCW, the Refuse Division of the City of Yakima Public
Works Department has for many years provided and continues to provide garbage and
refuse collection and disposal service to residential properties within the incorporated
City of Yakima; and
WHEREAS, the City desires to provide such services to residential properties
only in accordance with § 35.13.280 RCW; and
WHEREAS, under authority issued by the Washington Utilities and
Transportation Commission ( "WUTC "), and pursuant to the provisions of § 35.13.280
RCW, Yakima Waste Systems, Inc. has for many years provided and continues to
provide garbage and refuse collection and disposal service to commercial accounts
within the City and to both residential properties and commercial accounts within areas
annexed by the City; and
WHEREAS, § 35.13.280 RCW requires the City to grant Yakima Waste Systems,
Inc., as the WUTC- authorized provider of garbage and refuse collection and disposal
service within annexed areas, a franchise to continue such service to residential
properties within annexed area for a term of not less than seven years after such
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 shall remain under the authority of the WUTC and
that, pursuant to state law, Yakima Waste Systems, Inc. shall continue to provide
collection and disposal services to all commercial accounts within the City under its
WUTC authority; and
WHEREAS, § 35.13.280 RCW provides, in part:
After an annexation by a city or town, the utilities and transportation
commission shall continue to regulate solid waste collection within the limits of
the annexed territory until such time as the city or town notifies the commission,
in writing, of its decision to contract for solid waste collection or provide solid
waste collection itself pursuant to RCW 81.77.020; and
WHEREAS, the above - quoted provision of § 35.13.280 RCW became effective on
July 27, 1997, and the City has until now relied on its longstanding practice of providing
residential refuse collection and disposal service pursuant to § 81.77.020 RCW, which is
well -known to the WUTC; and
WHEREAS, it appears prudent to provide specific notice to the WUTC regarding
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 each
area annexed to the City since July 27, 1997, and to areas annexed in the future; and
WHEREAS, the following annexations have become effective since July 27, 1997:
Pierce /S. 10th Avenue Ordinance 97 -41 effective 9/1/97
Lewis & Clark Athletic Field Ordinance 97 -42 effective 9/1/97
Sargent Ordinance 97 -46 effective 9/1/97
McKinley Ordinance 97 -62 effective 12/1/97
Corpman Lane Ordinance 98 -11 effective 5/1/98
S. 18th Ave. Ordinance 98 -12 effective 5/1/98
N. 3rd Street Ordinance 98 -13 effective 5/1/98
Fruitvale Ordinance 98 -14 effective 5/1/98
Ahtanum Ordinance 98 -23 effective 8/1/98
and
WHEREAS, it is in the best interest of the City that the City Clerk transmit to the
WUTC certified copies of this ordinance and the annexation ordinances listed above
and such ordinances as are enacted in the future providing for annexation of additional
areas to the City, to notify it that the City intends, pursuant to § 81.77.020 RCW, and
subject to the provisions of § 35.13.280 RCW, to provide residential refuse collection and
disposal service within all areas annexed by the City effective after July 27, 1997; now,
therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON:
The City Clerk is authorized and directed transmit certified copies of this to the
WUTC certified copies of this ordinance and the following annexation ordinances:
Pierce /S. 10th Avenue Ordinance 97 -41 effective 9/1/97
Lewis & Clark Athletic Field Ordinance 97 -42 effective 9/1/97
Sargent Ordinance 97 -46 effective 9/1/97
McKinley Ordinance 97 -62 effective 12/1/97
Corpman Lane Ordinance 98 -11 effective 5/1/98
S. 18th Ave. Ordinance 98 -12 effective 5/1/98
N. 3 Street Ordinance 98 -13 effective 5/1/98
Fruitvale Ordinance 98 -14 effective 5/1/98
Ahtanum Ordinance 98 -23 effective 8/1/98
and such ordinances as are enacted in the future providing for annexation of additional
areas to the City, to notify it that the City intends, pursuant to § 81.77.020 RCW, and
•
subject to the provisions of § 35.13.280 RCW, to provide residential refuse collection and
disposal service within all areas annexed by the City effective after July 27, 1997.
This ordinance shall be in full force and effect 30 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 6th day of October, 1998.
John Puccinelli, Mayor
ATTEST:
kki
City Clerk
Publication Date: 10 -9 -98
Effective Date: 11 -8 -98
C: \word docs \annexation \10 -98 ords \refuse col notif ord.doc.
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BUSINESS THE CITY COUNCIL
YAIKIMA, WASHINGTON
AGENDA STATEMENT
Item No. ,9 L
For Meeting Of October 6, 1998
ITEM TITLE: Ordinance providing for notice to the Washington Utilities and
Transportation Commission of annexations effective after July 27,
1997 and the City's intention to provide residential garbage and
refuse collection and disposal service to such annexed areas, subject
to RCW 35.13.280.
SUBMITTED BY: Nancy Gaudette, Refuse and Recycling Manager
CONTACT PERSON/TELEPHONE: Larry Peterson, Assistant City Attorney, 575 -6030
SUMMARY EXPLANATION: The 1997 Legislature amended RCW 35.13.280 relating to
solid waste collection in areas annexed by any city or town. Effective July 27, 1997, the
a franchise required by RCW 35.13.280 to be granted to the holder of a solid waste
franchise or permit within an annexed area increased from five to seven years. In
• addition, a new requirement was added, that the City must notify the Washington
Utilities and Transportation Commission in writing of the decision to undertake solid
waste collection itself.
The attached ordinance provides for notice to the WUTC of the City's intention to
provide garbage and refuse collection and disposal services to residential properties in all
incorporated areas of the City, including areas annexed effective after July 27, 1997,
subject to the provisions of RCW 35.13.280.
Future annexation ordinances will make appropriate provision for the new requirements
of RCW 35.13.280.
Resolution Ordinance X Contract Other (Specify)
Funding Source
APPROVED FOR SUBMITTAL: Q___--,
City 'Imager
STAFF RECOMMENDATION: Staff respectfully requests Council pass the attached
Ordinance.
0 BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION:
•
• Phone: (509) 248 -4213
Fax: (509) 575 -0172
akima Waste Systems, Inc.
P.O. Box 2830 • Yakima, Washington 98907
2812' /z Terrace Heights Drive • Yakima, Washington 98901
June 3, 1998
To: Mr. Richard Zais RECEIVE
City Manager
City of Yakima
129 North Second Street JUN 4 1998
Y akima, WA 98901
REFUSE
Re: Annexation Franchise Agreements DIVISION
S.S.B. 5670, RCW 35.13.280
Dear Mr. Zais:
Enclosed is the proposed changes in wording to the Ordinance and Franchise
Agreement that follows each annexation.to the City of Yakima. Also enclosed
is a cover letter to the Washington Utilities and Transportation Commission.
We believe this proposed wording meets the provisions of Senate Substitute
Bill 5670, and the changes to RCW 35.13.280, which became effective in July
111/1 of 1997.
Please review the proposed additional Preamble,. proposed addition to Section
6 of the Ordinance, and the proposed cover letter of notification to the
Washington Utilities and Transportation Commission.
If you have any questions please do not hesitate to'call. If there is legal
question you may contact our counsel, Jack Davis, at 206 - 624 -7373. We hope
this proposed wording meets the requirements of the City of Yakima. If so,
we would like to address the franchises affected by the change in legislation
that became effective last July.
Sincerely,
c z`_
Scott Rob tt
General Manager
cc: Larry Peterson
Nancy Gaudette
. . .
Add to the Preamble of Ordinance (latest wording):
WHEREAS Garbage and refuse collection within the annexed area is
presently being provided by Yakima Waste Systems, Inc, under
authority issued by the Washington Utilities and Transportation
Commission (W.U.T.C.) to both residential and commercial accounts
and the city desires to provide such service to residential
accounts only in accordance with RCW 35.13.280.
Add to Section 6 of Ordinance (latest wording):
Such franchise does not apply to garbage and refuse generated
by commercial establishments as the city does not provide, or
contract for, such service. Yakima Waste Systems, Inc shall
continue to provide collection and disposal services to all
commercial accounts within the city of Yakima under its
authority issued by the Washington Utilities and Transportation
Commission.
CITY OF YAKIMA LETTERHEAD
DATE
Secretary
Washington Utilities and Transportation Commission
Chandler Plaza Building
P.O. Box 47250
Olympia, WA 98504
RE: City annexations under RCW 35.13.280
Dear Secretary:
The City of Yakima hereby gives notice of annexation of
areas as described in the attached ordinance and intent of the
city to provide residential solid waste collection and disposal
within said area upon expiration of the franchise granted to
Yakima Waste Systems, Inc under RCW 35.13.280.
The City of Yakima has historically provided residential solid
waste collection and disposal and has allowed Yakima Waste
Systems, Inc to serve all commercial accounts within the city
under its W.U.T.C. authority. The city desires to continue
4110 such practice, and will provide residential solid waste coll-
ection and disposal only, and look to Yakima Waste Systems, Inc.
for service to all commercial accounts within the city under
its W.U.T.C. authority.
Very truly yours,
Richard R Zais
City Manager
cc: Yakima Waste Systems, Inc