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Home My WebLink About03/04/2008 06 West Powerhouse III Annexation - Public Hearing BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. !a For Meeting Of: March 4, 2008 ITEM TITLE: Public Hearing and Consideration of an Ordinance annexing the West Powerhouse III annexation area to the City of Yakima SUBMITTED BY: William R. Cook, Director of Community Economic Development CONTACT PERSON/TELEPHONE: Bruce Benson, Supervising Planner, 575 -6042 SUMMARY EXPLANATION: In completing its West Power House III Annexation the City of Yakima has utilized signed petitions which represent 88.5% of the total assessed value of the proposed annexation area. The annexation as proposed consistes of four tax parcels which currently have a total assessed valuation of $771,900. The area proposed for annexation is approximately 12 acres in size and has an estimated population of approximatly 2 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 0 annexation have been received by the city, signed by owners of not Tess 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 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:. \„,,' k City Manager STAFF RECOMMENDATION: Accept Petition No 07 -09 for The West Powerhouse III Annexation and adopt the ordinance. BOARD RECOMMENDATION: Yakima County Boundary Review Board formally adopted their written 0 finding approving the annexation on January 28, 2008. COUNCIL ACTION: Exhibit A • • tt W . P ovrrerhouse w -4 '' � 111 Annexation A. "`' Lakes / Reservoirs I. Yi City Lim $��° -, q„... ® Annexation akma Area its i r. qV Cr AL .P/ Z\ , - / ' ' ' -. , 7 ' ,' ' ' ''':' A o Annexation Area lip, ‘ .._ \ Annexation Size — 12 Acres �� I '�w C LLS: FA yo GSF VO �a ?�` �`, CC qo V �i011 5 Scale— l in =400ft r__ powerhouse III ' z 0 200 400 Exhibit B • • • ORDINANCE . 2008 - O NO AN ORDINANCE concerning annexation; annexing the West Powerhouse III Annexation area to the City of Yakima; maintaining the current R -2 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 West Powerhouse III Annexation area; and an effective date of April 6, 2008. WHEREAS, proceedings have been held in accordance with all applicable laws for the annexation to the City of Yakima of the West Powerhouse III 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 West Powerhouse III Annexation, and this matter was approved by the Board on January 28, 2008 pursuant to the provisions of RCW 36.93.150; and WHEREAS, garbage and refuse collection within the West Powerhouse III 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 West Powerhouse III Annexation area, a franchise to continue such service to residential properties within the West Powerhouse III 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 West Powerhouse III 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 West Powerhouse III Annexation area; and WHEREAS, pursuant to due and legal notice, the City Council held a public hearing on said annexation on March 4, 2008 and, as a result thereof, finds: 1. The annexation petition requirements of RCW 35.13.120 have been satisfied through annexation petitions of not less than seventy -five percent in value according to the assessed valuation for general taxation of the West Powerhouse III Annexation • urea. 2. The West Powerhouse III Annexation area should be annexed to the City of Yakima. 3. The West Powerhouse III 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 West Powerhouse III 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 "West Powerhouse III Annexation," is hereby annexed to the City of Yakima, Washington. Section 2. The owners of the real property within the West Powerhouse III Annexation area shall be required to assume existing indebtedness of the City of Yakima. Section 3. The West Powerhouse III 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 West Powerhouse III 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 West Powerhouse III 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 West Powerhouse III 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 West Powerhouse III 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 West Powerhouse III 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 4th day of March , 2008. David Edler, Mayor ATTEST: City Clerk Publication Date: Effective Date: Section 6 above is accepted by Franchisee this day of , 2008. Yakima Waste Systems, Inc. By: Signer's. Name Printed: Signer's Title: • ________