HomeMy WebLinkAbout09/02/2008 07 Metz annexation, Located at 10 North 96th Avenue - Public Hearing BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
II AGENDA STATEMENT
Item No. 7
For Meeting Of: September 2, 2008
ITEM TITLE: Public Hearing and Consideration of an Ordinance approving the Metz Annexation
located at 10 North 96 Avenue
SUBMITTED BY: William R. Cook, Director of Community Economic Development
CONTACT PERSON/TELEPHONE: Jeff Peters, Assistant Planner, 575 -6163
SUMMARY EXPLANATION:
In completing its Metz Annexation the City of Yakima has utilized a signed petition which represent
100% of the total assessed value of the proposed annexation area. The annexation as proposed
consistes of two tax parcels which currently have a total assessed valuation of $220,300. The area
proposed for annexation is approximately 1.74 acres in size and has a population of two people.
Currently all necessary utility services are available to this site and given its small size and location
this annexation will not create a need for additional staffing.
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
0 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 remains unchanged pursuant to YMC 15.23.050.
Property taxes for the area will be payable to the City of Yakima commencing with tax year 2010.
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: �� I
City Manager
STAFF RECOMMENDATION: Accept Petition No 08 -04 for The Metz Annexation and pass the
ordinance.
BOARD RECOMMENDATION: Yakima County Boundary Review Board formally adopted their written
• finding approving the annexation on August 7, 2008.
COUNCIL ACTION:
ORDINANCE NO. 2008 -
AN ORDINANCE concerning annexation; annexing the Metz 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 Metz Annexation area; and an
effective date of October 5, 2008.
WHEREAS, proceedings have been held in accordance with all applicable laws for the
annexation to the City of Yakima of the Metz 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 Metz Annexation, and this matter was approved by the
Board on August 7, 2008 pursuant to the provisions of RCW 36.93.150; and
WHEREAS, garbage and refuse collection within the Metz 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 Metz area, a franchise to continue such service to residential properties
. within the Metz 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 Metz 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 Metz
Annexation area; and
WHEREAS, pursuant to due and legal notice, the City Council held a public hearing on said
annexation on September 2, 2008 and, as a result thereof, finds:
1. The annexation requirements of RCW 35.13.120 have been satisfied through a
• annexation petition signed by the owners of not less than seventy -five percent in value
according to the assessed valuation for general taxation of the Metz Annexation area.
2. The Metz Annexation area should be annexed to the City of Yakima.
3. The Metz 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 Metz Annexation area should be •
required to assume 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 "Metz Annexation," is hereby annexed to the City of Yakima, Washington.
Section 2. The owners of the real property within the Metz Annexation area shall be
required to assume existing indebtedness of the City of Yakima.
Section 3. The Metz 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 Metz 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 Metz 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 Metz 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 Metz 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 Menzia
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
2nd day of September , 2008.
David Edler, Mayor
ATTEST:
City Clerk
•
Publication Date:
Effective Date:
Section 7 above is accepted by Franchisee this day
of , 2008.
Yakima Waste Systems, Inc.
By:
•
Signer's Name Printed:
Signer's Title:
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LEGAL DESCRIPTION FOR THE
MENZIA ANNEXATION
ALL THAT PORTION OF GOVERNMENT LOT 3 IN SECTION 31, TOWNSHIP 13
NORTH, RANGE 18 EAST, W.M. BEING FURTHER DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ALONG THE CITY LIMITS OF THE CITY OF YAKIMA, SAID
POINT BEING ALONG THE EAST LINE OF GOVERNMENT LOT 3 AND 486 FEET
NORTH OF THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 3; THENCE
WEST PARALLEL TO THE SOUTH LINE OF GOVERNMENT LOT 3, 205 FEET;
THENCE SOUTH PARALLEL TO THE EAST LINE OF GOVERNMENT LOT 3 TO THE
POINT OF INTERSECTION WITH THE NORTH RIGHT -OF -WAY LINE OF
COOLIDGE ROAD; THENCE EAST FOLLOWING ALONG SAID NORTH RIGHT -OF-
WAY LINE TO THE CITY LIMITS OF YAKIMA AS ESTABLISHED BY ORDINANCE
2007 -07; THENCE NORTH FOLLOWING ALONG THE CITY LIMITS LINE TO THE
POINT OF BEGINNING.
YAKIMA COUNTY PUBLIC WORKS DEPARTMENT
CHECKED FOR ACCURACY OF
LEGAL DEDESCRIPTION ONLY:
‘ RY � .
RANSPORTATION EN EERING MANAGER