HomeMy WebLinkAboutR-2001-139 Transfer of fire protection assets due to Congdon AnnexationRESOLUTION NO. R-2001- 139
A RESOLUTION relating to fire protection and annexation and finding that the
Congdon 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 properties in the Congdon
Annexation.
WHEREAS, the Congdon Annexation became effective on September 22, 2001; 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 sixtv days of the
effective date of the annexation .... [underlining added]
and
WHEREAS, the Congdon Annexation annexed less than five percent of the area of
Yakima County Fire Protection District 12 (West Valley) ("FPD#12"); and
WHEREAS, the Congdon 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 Congdon 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 Congdon 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 C.:1'1'Y COUNCIL this o2I►M day of October 2001.
/5e„
ary Place, Mayor
ATTEST:
Karen S. Roberts, City Clerk
C:\word\annexation\congdon\asset transfer\res rcw 35.02.205 process.doc Last printed 09/27/01 8:41 AM
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. I
For Meeting Of 10/2/01
ITEM TITLE: A RESOLUTION relating to fire protection and annexation and
finding that the Congdon 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: Under RCW 35.02.205, in respect of the Congdon
Annexation, 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
City Staff estimate that the transfer of assets for this annexation should be
approximately $107,000.
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:....E, City Manager
STAFF RECOMMENDATION: Adopt proposed resolution.
BOARD/COMMISSION RECOMMENDATION: N/A
COUNCIL ACTION: