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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: / — / c me City Clerk C: \ word \annexation \policy \2001 \res re annex'n policy alt 3.doc s; • ° 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. • 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