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Home My WebLink About2010-025 Zeigler Annexation x V II iii irni IH iliililil III ii i ini i1111 * 7 6 9 4 5 1 7 6* FILE# 7694517 YAKIMA COUNTY, WA 06/15/2010 10:09:28AM ORDINANCE PAGES: 6 CITY OF YAKIMA PLANNING Recording Fee: 67.00 May 27, 2010 Return To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title: Ordinance No. 2010 -25 Zeigler Annexation Grantor: City of Yakima Grantee: The Public ABBREVIATED LEGAL DESCRIPTION: All those portions of the southwest quarter of Section 30, Township 13 North, Range 18 East, W.M. being further described as follows: (see Exhibit 'B' of attached Ordinance for complete legal description). PARCEL NUMBERS: 181330 - 31001; 181330 - 31002; 181330 - 31003; and 181330- 32001 ORDINANCE NO. 2010 -25 AN ORDINANCE concerning annexation; annexing the Zeigler 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 Zeigler Annexation area; and an effective date of June 20, 2010. • WHEREAS, proceedings have been held in accordance with all applicable laws for the annexation to the City of Yakima of the Zeigler 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 Zeigler Annexation. No request was submitted invoking BRB jurisdiction, therefore on March 3, 2010 the Zeigler Annexation was deemed approved by the Board; and WHEREAS, garbage and refuse collection within the Zeigler 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 Zeigler Annexation area, a franchise to continue such service to residential properties within the Zeigler Annexation area for a term of not Tess 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 Zeigler 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 Zeigler Annexation area; and WHEREAS, pursuant to due and legal notice, the City Council held a public hearing on said annexation on May 18, 2010 and, as a result thereof, finds: 1. The annexation petition requirements of RCW 35.13.120 have been satisfied in that the owners of not less than sixty percent in value, according to the assessed valuation for general taxation of the Zeigler Annexation area, have signed the petition. 2. The Zeigler Annexation area should be annexed to the City of Yakima. 3. The Comprehensive Plan designation for Zeigler Annexation area should be changed to Low Density Residential, to conform to the Yakima Urban Area Comprehensive Plan, the General Plan of the City of Yakima and the zoning should be changed to R -1, Single- Family Residential to conform to the Yakima Urban Area Zoning Ordinance. 4. The owners of the real property within the Zeigler Annexation area should be required to assume their pro rata share of the existing indebtedness of the City of Yakima. 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 "Zeigler Annexation," is hereby annexed to the City of Yakima, Washington. Section 2. The owners of the real property within the Zeigler Annexation area shall be required to assume existing indebtedness of the City of Yakima. Section 3. The Urban Area Comprehensive Plan designation for the Zeigler Annexation area is hereby changed to Low Density Residential Section 4. The next regularly amended Zoning District Map prepared by and for the City of Yakima shall show the Zeigler Annexation zoned and .classified R -1, Single - Family Residential. 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 Zeigler 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 Zeigler 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 Zeigler 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 Zeigler Annexation area. 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 18 day of May, 2010. 1. 16 / Micah Cawley,/ ayor ATTEST: --4 2A716141- 4 /- 1 * City Clerk d gilV t `�A3N1t , 4 Publication Date: May 21, 2010 Effective Date: June 20, 2010 Section 6 above is accepted by Franchisee this day of , 2010. Yakima Waste Systems, Inc. By: Signer's Name Printed: Signer's Title: - -1__III_LJI — j Annexation Affi III • u t 1��` , Ordinance # 2010 -25 — • mom Mill r ' b � • • � Exhibit E 110 MEM �'z. ._..__ ■ ■� ■■ ■„ ■;i� ■ ■ ■ ■�� _ -- , . Annexations ■■' - ■.'� ■��i��liim■ _ . _ - - " � AssessocDBO.Parcels — �� _ .� — Mir I t —_ City Limits Boundary MN 1=1 �.■ i ■■ II ■■■■.II11■■■ - . x , ■■ : : ■■■i ii ■■■ L- ,� ... T .. - :::: = ■■� -�■■■■ .. :n `` " " 1 1 11 /1/1111 Fr r i� iuiiiiiiiuuiui - . 5 I __ _I_ r v MI i , in! 4 A • -WWI! 111 In , Eft si .. III SI :` l ,, _ irk = _ 1 7 ._....-- __,..... mitil . ... : , 400 200 0 400 Feet 1 1 1 • • EXHIBIT B • LEGAL DESCRIPTION FOR THE ZIEGLER ANNEXATION All those portions of the southwest quarter of Section 30, Township 13 North, Range 18 East, W.M. being further described as follows: Beginning at a point on the city limits of the City of Yakima said point being the northeast corner of the southwest quarter of Section 30; thence south along the east Tine of the east half of the southwest quarter to the south line of the Yakima Valley Transportation Company's right -of -way; thence westerly along the south line of said right -of -way to a point which is 1328.5 feet east of . the west line of Section 30; thence northerly parallel with the section line to a point which is 385 feet north of the south line of the northwest quarter of the southwest quarter; thence westerly 650 feet; thence south parallel with the section line 143 feet; thence west parallel with the section line 180 feet, more or less, to the east line of the • Ahtanum. Canal; thence northerly along the east line said canal 997 feet, more or less; thence easterly to the east line of the northwest quarter . of the southwest quarter; thence northerly along the aforesaid line to the north line of the southwest quarter; thence easterly along the aforesaid north Tine to the, point of beginning. Yakima County Public Works Department checked for accuracy of legal description only: f ve - ='-nt L. McHenry, '.E. Transportation Engineering nager • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. - For Meeting Of: May 18, 2010 ITEM TITLE: Public Hearing — The Zeigler Annexation SUBMITTED BY: Michael A. Morales, Director of Community Economic Development CONTACT PERSON /TELEPHONE: Bruce Benson, Supervising Planner, 575 -6042 SUMMARY EXPLANATION: The Zeigler Annexation consists of four tax parcels (see map) with a 2010 assessed valuation of $901,050, it covers approximately 56.73 acres and has an estimated population of three. The chronology for initiation, review and approval of this annexation is as follows: • December 1, 2009 — Annexation is initiated at the request of the property owner. • December 17, 2009 — Yakima County Public Services approves annexation legal description. • January 12, 2010 — Annexation application filed with the Yakima County Boundary Review Board. Forty -five day review period starts. • March 3, 2010 — Annexation is deemed as approved by the BRB after no requests for a public hearing were submitted during the 45 -day review period. • April 3, 2010 - the required 30 -day appeal period following BRB approval ends. • May 4, 2010 — Annexation public hearing date set for May 18, 2010. Continued on Page 2 • Resolution Ordinance X Contract _ Other (Specify) Map Funding Source N/A APPROVAL FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Accept Petition No 09 -08 for the Zeigler Annexation and adopt the ordinance. BOARD RECOMMENDATION: The Yakima County Boundary Review Board was not requested to hold a public hearing; consequently, this annexation was deemed as approved on. March 3, 2010. The thirty day appeal period for BRB actions expired on April 3, 2010. COUNCIL ACTION: Public Hearing Ziegler Annexation • Page 2 • 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 60% 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, that the comprehensive plan designation • will be Low Density Residential and that the zoning classification of the proposed annexation area will be R -1, Single - Family Residential. The city will not receive property taxes from this area until 2011 but will receive distributions of the county road tax in 2010. Following the public hearing the Council shall determine by ordinance whether annexation shall be made (RCW 35.13.150). • • • • • •