HomeMy WebLinkAboutR-2001-006 Fire Protection for Nob Hill/South 40th Avenue Annexation areaRESOLUTION NO. R-2001- 06
A RESOLUTION relating to fire protection and annexation and finding that the Nob
Hill/ South 40th 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, and initiating the RCW 35.02.205 process for
transfer of fire protection assets paid for by annexed properties.
WHEREAS, the Nob Hill/South 40f Avenue Annexation became effective on
December 6, 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 ... 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 Nob Hill/ South 40f Avenue Annexation annexed less than five
percent of the area of Yakima County Fire Protection District 12 (West Valley)
("FPD#12"); and
WHEREAS, the Nob Hill/South 40thAvenue Annexation will impose a significant
increase in the fire suppression responsibilities of the City of Yakima with a
corresponding reduction in the fire suppression responsibilities of FPD#12; 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 transfer 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 property taxes paid for fire protection assets before annexation; and
WHEREAS, if such distribution does not occur, annexed properties would be deprived
of fire protection assets their property taxes paid for; and
WHEREAS, it is in the best interests of the City, including especially the properties
which comprise the Nob Hill/South 401hAvenue Annexation, that the City of Yakima
seek a distribution of assets from FPD#12 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 Nob Hill/South 401h 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 of FPD#12 and authorizes
and directs the City Manager or his designee to pursue the RCW 35.02.205 process with
FPD#12 for a distribution of FPD#12 assets to assure that the annexed properties are
not deprived of fire protection their property taxes helped pay for.
ADOPTED BY THE CITY COUNCIL this 16th day of January 2001.
ary Place, Mayor
ATTEST:
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Karen S. Roberts, City Clerk
C:\word\annexation\s 40th - 99\asset transfer\res initiating negotiations. doc Last printed 01/11/0110:05 AM
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YAKIMA, WASHINGTON
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Item No. `'/ U
For Meeting Of January 16, 2001
ITEM TITLE: A RESOLUTION relating to fire protection and annexation and
finding that the South 40t 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: I Gil espie, Fire Chief
iam Cook, Dir., Community and Economic Development
CONTACT PERSON/TELEPHONE: Larry Peterson,
Assistant City Attorney 565-6030
SUMMARY EXPLANATION: Under RCW 35.02.205, in respect of the S. 40th
Avenue (or most other) annexation(s), in order to have any legally enforceable claim
to any assets of the relevant fire district, the City must formally assert (by resolution
within 60 days of the effective date of the annexation) that the annexation changes
fire protection burdens significantly.
The proposed resolution states that properties which are annexed have purchased
fire protection assets by paying the real property taxes levied by the fire district.
Annexation should not deprive those properties of the assets they have paid 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 12 for a distribution
of assets.
Resolution X Ordinance Other (Specify)
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL: City Manager
BOARD/COMMISSION RECOMMENDATION: N/A
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2001-06