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Home My WebLink About1998-051 Annexation Logan Avenue 1' • ORDINANCE NO. 98 - 51 AN ORDINANCE concerning annexation; annexing Logan 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 Logan Avenue Annexation area; and an effective date of January 1, 1999. WHEREAS, proceedings have been held in accordance with all applicable laws for the annexation to the City of Yakima of the Logan 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 Logan Avenue Annexation and pursuant to the provisions of RCW 36.93.100, after forty -five days elapsed after thenotice of intention was filed without the BRB's jurisdiction having been invoked, the annexation is deemed approved by the BRB, and WHEREAS, the City Council finds that the annexation petition requirements of RCW 35.13.120 have been satisfied through a combination of annexation petitions ill 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 Logan Avenue Annexation area for which annexation is petitioned; and WHEREAS, garbage and refuse collection within the Logan 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, § 35.13.280 RCW 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 Logan Avenue Annexation area, a franchise to continue such service to residential properties within Logan Avenue Annexation 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 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 Logan ii• 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 § 81.77.020 RCW, and subject to the provisions of § 35.13.280 RCW, to provide residential refuse collection and disposal service, to the Logan 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 that the owners of not less than seventy -five percent of the assessed valuation of property within the Logan Avenue Annexation area described below have petitioned the City Council for annexation, and the Logan Avenue Annexation area should be annexed to the City of Yakima, and further finds that the Logan 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, that 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 "Logan Avenue Annexation," is hereby annexed to the City of Yakima, Washington. Section 2. The owners of the real property within the Logan Avenue Annexation area shall be required to assume existing indebtedness of the City of Yakima. Section 3. The Logan 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 Logan 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 Logan Avenue Annexation area. Section 6. There is hereby granted to Yakima Waste Systems, Inc., in accordance with and for the term provided by § 35.13.280 RCW, an exclusive franchise to provide garbage and refuse collection and disposal service to residential properties within Logan 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 Logan Avenue Annexation area. Section 7. 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 ° day of November,_ 1998. S John Puccinelli, Mayor ATTEST: City Clerk Publication Dater] —(u " 9t Effective Date: 0 — 1 9° Section 6 above is accepted by Franchisee this day of 1998. Yakima Waste Systems, Inc. By: Signer's Name Printed: • Signer's Title: C: \word docs \ annexation \ logan ave area ord.doc Last printed 10/28/98 12:05 PM 410 • �� 1► n - gan Aye. E E- : � Coo - _ � !DE C- ,in E ( LL LL I- !i u W w 1 n Z C q�� irc, � , Q- J 1._ Cl[} Limits I, u FA e Urban Area C'T • MI ■■ ■ ■l ■ ■ ■■■O !! � h ■ l!II - Annexation Area 0 r III illi no. 7. 1 p •LAmm C 1 St: cm SW ME IN r ,. le 1 — 111/1111111.1 M II i ' i ;1 - Eltor. -nal Qsu7 \� � � • ME= X r ot, Tom clivd_r,v REM= - f l u i 100WW:11 - - n ��,,�� • � �� ■� ��' 11 - CARL _ a WVIO mg, C� , 11'1 M -44T --- INJ , ilkirlirto Mem also .„,,,,,A jiilia OINWEIMP, I: 2 7- MI= .t 1111 V A wA176--- - 9 B.... Ein • will ' sm. si 4 In r1111 p- 11 , ii : \\ mm av , s , ....,,A6.,_ __mi.. \Emus.* d ' IOW A i t ne va 11 ir T � � 11114 miimming d � � ,PLA7H . Fig • NI i er NMI g l till 1 NI MI ■ W ■ 41 . ' N 04 re* i _ tit ------ __' __A A L M H .. t a) r _ A ] � ® � A VE 1 4 o V'° �• cn S Scale - lin = 750ft ■ I I 0 375 750 lopant Created: October 13, 1998 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON ID AGENDA STATEMENT Item No. 7 For Meeting Of: November 3. 1998 ITEM TITLE: Public Hearing - The Logan Avenue Annexation SUBMITTED BY: William R. Cook, Director Community & Economic Development CONTACT PERSON/TELEPHONE: Bruce Benson, Associate Planner, 575 -6042 SUMMARY EXPLANATION: The Logan Avenue Annexation initiation (vicinity map attached) was approved by City Council on July 7, 1998. The Yakima County Boundary Review Board approved the annexation on September 28, 1998. The total assessed valuation of the annexation area is $1,698,700. The city has received petitions for or utilized Outside Utility Agreements for one hundred percent of the areas assessed valuation. The annexation area is zoned single - family residential and consists of a 24 tax parcels comprising approximately 7.54 acres. 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 less 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 2000. 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 111 APPROVAL FOR SUBMITTAL: < �, ( a...t;e , ilf. City Manager STAFF RECOMMENDATION: Accept Petition No 1240 for The Logan Avenue Annexation and adopt the ordinance. BOARD RECOMMENDATION: Yakima County Boundary Review Board approved on 9/28/98 ()COUNCIL ACTION: