HomeMy WebLinkAboutR-2001-054 Annexation PolicyRESOLUTION R - 2001- 54
A RESOLUTION concerning annexation policy of the City of Yakima.
WHEREAS, the general policies of the State of Washington, as expressed in the
Growth Management Act (Chapter 36.70A RCW), the Boundary Review
Board statutes (Chapter 36.93 RCW), and other statutes providing for
annexation of unincorporated areas into cities strongly encourage cities
like the City of Yakima to annex adjacent unincorporated areas
characterized by urban development; and
WHEREAS, urbanized properties should receive urban governmental services
including full-time professional fire protection and municipal police
protection; and
WHEREAS, pursuant to the 1976 four party Agreement for Wastewater Treatment and
Disposal Services between Yakima County, the City of Yakima, the City of
Union Gap and the Terrace Heights Sewer District (the "1976 Four Party
Agreement"), the City of Yakima has owned and operated a wastewater
treatment plant; and
WHEREAS, the City of Yakima, the City of Union Gap and the Terrace Heights Sewer
District jointly declared in the 1976 Four Party Agreement that residents
and property owners within the urban boundary shall "be encouraged to
annex to the adjoining city or town for municipal services, including
sewer services"; and
WHEREAS, the City of Yakima has, also pursuant to the 1976 Four Party Agreement
and in reliance on its terms, extended sewer trunk lines to unincorporated
areas west of the City; and
WHEREAS, the City of Yakima has, also pursuant to the 1976 Four Party Agreement
and in reliance on its terms, provided wastewater disposal and treatment
services to unincorporated properties west of the City on the basis of
Outside Utility Agreements, in which, in exchange for wastewater
disposal and treatment services, the owners of properties receiving such
services commit such property to annexation by the Petition Method of
annexation authorized by RCW 35.13.125-.160; and
WHEREAS, Outside Utility Agreements were declared legally valid contracts by the
Washington Supreme Court in a unanimous decision issued in September
1993, which also upheld various aspects of the City's policies; and
WHEREAS, since the 1976 Four Party Agreement was established and especially since
the early 1990's, agricultural and other undeveloped lands in the
unincorporated area west of the City of Yakima, often referred to as the
"West Valley" area, have undergone extensive subdivision and residential
and commercial development, and are now essentially urbanized; and
WHEREAS, such urbanization in the West Valley area has intensified and spread even
further since 1995; and
WHEREAS, the subdivision, improvement, urbanization, and substantial increases in
assessed values of unincorporated properties in the West Valley area west
of the City of Yakima has been a direct result of the City of Yakima's
policy, maintained in reliance on the terms of the 1976 Four Party
Agreement, to extend wastewater collection and treatment service to
unincorporated properties on the basis of property owners' commitments
of their properties, by OUAs, to annexation by the Petition Method of
annexation authorized by RCW 35.13.125 -.160; and
WHEREAS, it is in the best interests of residents and property owners in urbanized
areas to have full -time professional fire and police protection and other
urban governmental services that the City of Yakima can provide; and
WHEREAS, it is in the best interests of the City of Yakima and the entire community
that the City of Yakima proceed affirmatively to include within its
boundaries urbanized properties which are appropriate for annexation;
now therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City of Yakima shall, notwithstanding any previous declarations of policy,
including without limitation Resolution 93 -17, proceed with annexation according to
such method of annexation authorized by law as in its discretion the City may
determine is appropriate, including without limitation annexation by the Petition
Method authorized by RCW 35.13.125 -.160, and further the City of Yakima shall utilize
Outside Utility Agreements to meet the requirements of the Petition Method and for
such other purposes as may be appropriate.
ADOPTED BY THE CITY COUNCIL this day of March 2001.
gere/
Mary Place, Mayor
ATTEST:
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City Clerk
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° BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 3
For Meeting Of March 20, 2001
ITEM TITLE: Consideration of Resolution for the City Annexation Policy
SUBMITTED BY: William Cook, Director of Community and Economic Development
CONTACT PERSON /TELEPHONE: William Cook, (575 -6113)
SUMMARY EXPLANATION:
The general policies of the State of Washington, as expressed in the Growth Management Act (Chapter
36.70A RCW), the Boundary Review Board statues (Chapter 36.93 RCW), and other statutes providing
for annexation of unincorporated areas into cities strongly encourage cities like the City of Yakima to
annex adjacent unincorporated areas characterized by urban development.
The attached resolution reaffirms the City's annexation policy.
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Resolution X Ordinance Other (Specify)
Contract Mail to (name and address): Phone:
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt Resolution
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R- 2001 -54