HomeMy WebLinkAboutR-2000-017 Fire protection and annexation of S. 26th Avenue area (Fire District 11 / Broadway Fire District) asset transferRESOLUTION NO. R-2000-17
A RESOLUTION relating to fire protection and annexation and finding that the
South 26th Avenue Annexation will impose a significant increase in
the fire suppression responsibilities of the City, with a
corresponding reduction in fire suppression responsibilities by the
fire protection district.
WHEREAS, the South 26th Avenue Annexation became effective on January 1, 2000;
and
WHEREAS, RCW 35.02.205(1) provides, in pertinent part.
A distribution of assets from the fire protection district to the city ... shall occur
as provided in this section upon the annexation ... of an area by the city ... that
constitutes less than five percent of the area of the fire protection district upon
the adoption of a resolution by the city ... finding that the annexation or
incorporation will impose a significant increase in the fire suppression
responsibilities of the city ... with a corresponding reduction in fire suppression
responsibilities by the fire protection district. Such a resolution must be adopted
within sixty days of the effective date of the annexation .... [underlining added]
and
WHEREAS, the South 26th Avenue Annexation annexed less than five percent of the
area of Fire Protection District 11 (Broadway); and
WHEREAS, the South 26th Avenue Annexation will impose a significant increase in the
fire suppression responsibilities of the City of Yakima with a corresponding reduction
in fire suppression responsibilities by Fire Protection District 11 (Broadway); and
WHEREAS, fire protection districts acquire fire protection assets with the revenues of
tax levies upon real property, so that each parcel of property within a fire protection
district has helped to pay for and has a corresponding interest in the district's assets;
and
WHEREAS, when the fire protection jurisdiction of real property changes by
annexation, the interest such annexed property has in fire protection assets it has
helped pay for should result in distribution of a proportionate share of such assets from
the fire district to the annexing jurisdiction, so the annexed property will continue to be
protected by the value it paid for fire protection assets before annexation; and
WHEREAS, if such distribution does not occur, annexed properties would be deprived
of fire protection assets which they paid for; and
WHEREAS, it is in the best interests of the City, including especially the properties
which comprise the South 26th Avenue Annexation, that the City of Yakima seek a
distribution of assets from Fire Protection District 11 (Broadway) as provided by RCW
35.02.205; now, therefore,
BE IT RESOLVED BY THE'.CITY COUNCIL OF THE CITY OF YAKIMA:
The City Council finds that the South 26th Avenue Annexation will impose a significant
increase in the fire suppression responsibilities of the City of Yakima, with a
corresponding reduction in fire suppression responsibilities by Fire Protection District
11 (Broadway), and authorizes and directs the City Manager or his designee to
negotiate with Fire Protection District 11 (Broadway) for a distribution of its assets to
assure that annexed properties are not deprived of fire protection which they helped
pay for.
tr-
ADOPTED BY THE CITY COUNCIL this
day of February, 2000.
Mary Place, Mayor
ATTEST:
Karen S. Roberts, City Clerk
C:\word\annexation\fire protection\res re s 26th ave.rtf Last printed 02/10/00 3:31 PM
2
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of February 15, 2000
ITEM TITLE: A RESOLUTION relating to fire protection and annexation and
finding that the South 26tn Avenue Annexation will impose a significant
increase in the fire suppression responsibilities of the city, with a
corresponding reduction in fire suppression responsibilities by the fire
protection district.
SUBMITTED BY: Al Gillespie, Fire Chief
William Cook, Dir., Community and Economic Development
CONTACT PERSON/TELEPHONE: Larry Peterson,
Assistant City Attorney 565-6030
SUMMARY EXPLANATION: Taxes on real properties in a fire district pay for fire
protection assets, so each property has helped pay for, and has an interest in the
district's assets. When property changes jurisdiction, as occurs in annexation, its
share of fire protection assets should follow it into the new jurisdiction.
State law requires annexing cities to follow a special procedure for distribution of fire
protection assets when the area annexed is less than 5% of the area of a fire district.
The City must, within 60 days of the effective date of an annexation, formally find that
the annexation changes fire protection burdens significantly. This leads to
negotiation with the fire district. If negotiation does not work, state law provides for
arbitration to determine distribution.
Annexation should not deprive annexed properties of their share of assets they have
helped to pay for.
The proposed resolution would make the finding required by RCW 35.02.205, and
would authorize the City to negotiate with Fire Protection District 11 for a distribution
of assets.
Resolution X Ordinance Other (Specify)
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL:
/( ��� �C/v! City Manager
STAFF RECOMMENDATION: Adopt proposed resolution.
BOARD/COMMISSION RECOMMENDATION: N/A
COUNCIL ACTION: