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HomeMy WebLinkAboutR-2004-105 Yakima County Agreement (re: possible annexation of jail site at fairgrounds)RESOLUTION NO. R -2004-1o5 A RESOLUTION authorizing and directing the City Manager to execute an agreement with Yakima County concerning the possible annexation to the City of Yakima of the area of the Yakima County Fairgrounds where the Yakima County Justice Center is being constructed and also where a major facility of the Yakima County Public Works Roads Maintenance and Operations Division is located. WHEREAS, Yakima County is in the process of constructing/developing a minimum/medium security correctional facility, to be known as the Yakima County Justice Center, which will be located on a portion of property owned by the County that is commonly referred to as "the Fairgrounds"; and WHEREAS, additionally, the County Public Works Roads Maintenance and Operations Division has a major facility on part of the Fairgrounds property and is currently engaged in a construction project to further develop this facility; and WHEREAS, pursuant to the City's 1965 Annexation Policy; the 1976 Four Party Agreement between the City of Yakima, Yakima County, the Town of Union Gap, and Terrace Heights Sewer District (as amended); the 1997 Yakima Urban Area Comprehensive Plan (as amended); and the 2000 Interlocal Agreement Between the City. of Yakima and Yakima County for Growth Management Act Implementation, City Res. No. R-2000-55, the City and the County have established a policy that the City will provide domestic water or sewer service to .those properties that are or will be within the City limits; and WHEREAS, the City provides domestic water and wastewater service to incorporated property near the above -referenced property and, pursuant to its annexation policy as affirmed and restated by the City Council in Res. No. R-2004-30, has indicated that it will provide water and sewer service to the above -referenced property upon its annexation to the City; and WHEREAS, the County4desires that the above -referenced property be annexed to the City of Yakima; and WHEREAS, the attached and proposed agreement demonstrates the County's desire and commitment to have the above -referenced property annexed to the City of Yakima; and WHEREAS, the City Council deems it to be in the best interest of the City to authorize execution of the attached agreement with Yakima County regarding the potential annexation of the above -referenced property to the City of Yakima, now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized. and directed to execute an agreement with Yakima County in a form substantially similar to the attached "Annexation Agreement between the City of Yakima and Yakima County" concerning the possible annexation to the City of Yakima of the area of the Yakima County Fairgrounds where the Yakima County Justice Center is being constructed and shall be located and also where a major facility of the Yakima County Public Works Roads Maintenance and Operations Division is located. ADOPTED BY THE CITY COUNCIL this 20th day of July, 2004. ATTEST: Paul P. George, Mayor City Clerk ANNEXATION AGREEMENT BETWEEN THE CITY OF YAKIMA AND YAKIMA COUNTY SECTION 1. PARTIES This Annexation Agreement (the "Agreement") is made by and between the City of Yakima, a Washington municipal corporation (the "City"), and Yakima County, Washington, a political subdivision of the State of Washington (the "County"), pursuant to the authority of Chapter 36.70A Revised Code of Washington ("RCW"), the Growth Management Act, and Chapter 35.13 RCW, Annexation of Unincorporated Areas. SECTION 2. PURPOSE AND RECITALS 2.1. The County and the City affirm that the well-being of the community depends on their cooperation as local governments. 2.2. The County owns certain property more fully described in Exhibit A to this Agreement (the "Subject Property"). The Subject Property is part of a large area owned by the County commonly referred to as "the Fairgrounds," which is surrounded by territory incorporated within the City. 2.3. The County is engaged in development of a minimum/medium security correctional facility, to be known as the Yakima County Justice Center (the "Correctional Facility Project") in two phases, Phase I and Phase II, on part of the Subject Property. 2.4. The Yakima County Hearing Examiner approved the County's application to construct Phase I of the Yakima County Justice Center by his decision of December 18, 2003, in file numbers SEP 03-37 and CUP 03-079. Phase I of the Correctional Facility Project consists of site development and construction of a 47,500 -square -foot building that is proposed for completion in 2004 and that will house 288 inmates and contain administrative and support functions such as a kitchen and laundry facility capable of serving all county and public correction institutions. Phase I also includes a 12,000- to 15,000 -square -foot administrative and support building and a 34,200 -square -foot building to accommodate 288 inmates proposed for completion in 2005. Phase I is more fully described in the Hearing Examiner's Decision, which is a public record. 2.5. Additionally, the County Public Works Roads Maintenance and Operations Division has a major facility on part of the Subject Property and is currently engaged in a construction project to further develop this facility ("County Road Division Facility Project"). The County Road Division Facility Project consists of an addition to the original shop building to provide new road maintenance administration facilities including office, meeting, locker, and shower facilities, remodeling of the original shop building; a new truck dump washing area and wash bay addition attached to the original shop; installation of new siding and roofing to the vehicle parking building; construction of a new sign shop; remodeling an existing materials building to provide office and meeting space for road construction and survey operations; and paving including employee parking areas; and fencing and landscaping. 2.6. Pursuant to the City's 1965 Annexation Policy; the 1976 Four Party Agreement between the City of Yakima, Yakima County, the Town of Union Gap, and Terrace Heights Sewer District (as amended); the 1997 Yakima Urban Area Comprehensive Plan (as 1 amended); and the 2000 Interlocal Agreement Between the City of Yakima and Yakima County for Growth Management Act Implementation, City Resolution No. R-2000-55, the City and the County have established a policy that the City will provide domestic water or sewer service to those properties that are or will be within the City limits. The City and the County intend to implement and continue this policy with respect to the Subject Property in accordance with the provisions of this Agreement. 2.7. The Subject Property is located within the City's Urban Growth Area, sometimes referred to as the UGA. The City provides domestic water and wastewater service to incorporated property near the Subject Property and, pursuant to its annexation policy as affirmed and restated by the City Council in Resolution No. R-2004-30, has indicated that it will provide water and sewer service to the Subject Property upon annexation of the Subject Property to the City. 2.8. The purpose of this Agreement is to demonstrate that the County desires and is committed to the annexation of the Subject Property to the City and that, upon annexation of the Subject Property to the City, the City shall permit and/or provide such domestic water and wastewater connections and service as are required for the Correctional Facility Project and other facilities on the Subject Property. SECTION 3. CONSENT TO ANNEXATION The Board of Yakima County Commissioners hereby consents to and declares its commitment to annexation of the Subject Property to the City, according to the terms of this Agreement and applicable state law including the provisions of Chapter 35.13 RCW. The County Commissioners further agree to meet during 2005 with representatives of the City and of the Central Washington State Fair Association to discuss annexation of the remaining unincorporated balance of the Fairgrounds property. SECTION 4. THE TIMING OF AND PROCESS FOR ANNEXATION 4.1. If it has not done so before this Agreement is fully executed, the County shall file with the City a written "Notice of Intention to Commence Annexation Proceedings" regarding the Subject Property. Thereafter, the City Council shall set a date to meet with County representatives at the next regularly scheduled City Council meeting that is at least 10 days after the Notice is filed to discuss the proposed annexation. If the City Council accepts the proposed annexation, the County shall prepare and file with the City Council a "Petition for Annexation" of the Subject Property to the City Council. The City Council shall fix a date for a public hearing at the next regularly scheduled City Council meeting that is at least 10 days after the Petition for Annexation is filed and shall provide notice of the hearing. Following the hearing, the City Council shall determine by ordinance whether the annexation shall be made and, if so, shall with the same ordinance set the date when the annexation shall become effective. The City and the County shall conduct the annexation in accordance with the requirements of Chapter 35.13 RCW. 4.2. If the City accepts the proposed annexation after the meeting triggered by the Notice of Intent to Commence Annexation Proceedings, the City shall immediately give the State of Washington Boundary Review Board for Yakima County notice of intention to annex the Subject Property as required by RCW 36.93.090. 2 SECTION 5. PROVISION OF DOMESTIC WATER AND WASTEWATER Upon annexation of the Subject Property to the City and the County's filing/applying for water and wastewater connections and service to the Correctional Facility Project and/or County Road Division Facility Project, the City shall permit and/or provide such water and wastewater connections and services as are required for the Projects on the Subject Property. The charges to the County for such connections and services shall be made in accordance with applicable provisions of the Yakima Municipal Code ("YMC"), including but not limited to Chapters 7.56, 7.58, 7.60, 7.68 and 7.72 YMC. The City's agreement to provide water and wastewater connections and service is limited to the Subject Property, and the City has no obligation to provide water and wastewater connections and service to the Projects or the Subject Property unless the Subject Property is annexed to the City. SECTION 6. BUILDING CODES AND OTHER LAND USE PERMITTING REGULATIONS OF SUBJECT PROPERTY The County shall retain responsibility and permitting authority for all work and improvements necessary to complete construction of the County Road Division Facility Project and Phase I of the Correctional Facility Project. SECTION 7. REMITTANCE OF SALES TAX REVENUE 7.1. To the extent that the City receives any sales tax revenue as a result of the annexation of the Subject Property that is related to the construction work and improvements necessary to complete Phase I of the Correctional Facility Project, the City shall remit fifty percent (50%) of such revenue back to the County. The City shall make such remittance to the County within thirty (30) calendar days of receipt from the County of reasonable proof of sales taxes generated by such work and improvements. 7.2. To the extent that the City receives any sales tax revenue as a result of the annexation of the Subject Property that is related to the construction work and improvements performed prior to June 15, 2004, to complete the County Road Division Facility Project, the City shall remit fifty percent (50%) of such revenue back to the County. The City shall make such remittance to the County within thirty (30) calendar days of receipt from the County of reasonable proof of sales taxes generated by such work and improvements. 7.3. The parties agree that this Section shall not be interpreted and applied to require the City to remit to the County any sales tax revenue that the City would have received regardless of the annexation of the Subject Property. SECTION 8. INDEMNIFICATION AND HOLD HARMLESS If any third party challenges this Agreement by litigation or otherwise, the County shall defend, indemnify and hold harmless the City, its officers, elected officials, employees and agents in said litigation and from any and all resulting losses, liens, liabilities, penalties, fines, judgments, awards, costs and expenses (including reasonable attorneys' fees and disbursements). The City shall cooperate with the County in its defense of this Agreement in any such litigation. 3 SECTION 9. SEVERABILITY 9.1. If a court of competent jurisdiction holds any part, term, or provision of this Agreement to be illegal or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Agreement did not contain the particular provision held to be invalid. 9.2. If any provision of this Agreement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict and shall be deemed modified to conform to such statutory provision. 9.3. Should the County or the City determine that the severed portions substantially alter this Agreement so that the original intent and purpose of the Agreement no longer exist, the County or City may, in its sole discretion, terminate this Agreement. SECTION 10. EFFECTIVE DATE, DURATION, AMENDMENT AND TERMINATION This Agreement shall become effective when executed by the City and the County. This Agreement may not be amended, changed or modified except by written instrument that is mutually agreed upon by both the City and the County. Except as provided in Section 9.3 above, the Agreement shall remain in full force and effect unless terminated by both the City and County in writing. SECTION 11. COMPLETE AGREEMENT This Agreement (together with the Exhibits hereto, which are hereby incorporated by reference as a part of this Agreement) contains and integrates the complete agreement between the City and the County with respect to the subject matter hereof and supercedes all other agreements and understandings between the City and the County, whether written or oral, with respect to the subject matter hereof. SECTION 12. GOVERNING LAW This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. SECTION 13. VENUE The venue for any action to enforce or interpret this Agreement shall lie in the Superior Court of Washington for Yakima County, Washington. SECTION 14. SUCCESSORS AND ASSIGNS This Agreement and the obligations and agreements made by the City and the County hereunder shall bind the parties and their successors and assigns. SECTION 15. THIRD PARTY BENEFICIARIES This Agreement is for the sole and exclusive benefit of the City and the County and their successors and assigns and shall not create a contractual relationship with, or cause of action in favor of, any third party. 4 SECTION 16. NOTICES Any notice required pursuant to the provisions of this Agreement shall be in writing and shall be sent by regular and certified U.S. mail to the following addresses until notice of change of address is given and shall be deemed received on the fifth business day following deposit in U.S. mail. CITY OF YAKIMA Attn: City Manager 129 N. 2nd St. Yakima, WA 98901 SECTION 15. FILING WITH COUNTY AUDITOR YAKIMA COUNTY Attn: County Commissioners 128 N. 2nd St. Yakima, WA 98901 A copy of this Agreement shall be filed with the Yakima County Auditor's Office. Dated this 2 day of CITY OF YAKIMA Richard A. Zais, Jr. City Manager Date: Attest: 001111110.11/01 C.O'� as •C E ,14, itc p. % 5. ' 41„,.r0 , 2004. YAKIMA COUNTY Excused a a, Zoo/ City Clerk SW CONTRACT NO: RESOLUTION Plo:v.,,., -Rata Jq _ James M. Lewis, Chairman Ronald F. Gamache, Commissioner 5 sse S. Palacios, Commissioner CONSTITUTING THE BOARD OF YAKIMA COUNTY COMMISSIONERS Date: W`► Attest: • Carla Ward Clerk of the Board Jennifer Adams Deputy Clerk of the Board EXHIBIT A SOUTH 18TH STREET ANNEXATION LEGAL DESCRIPTION Lot 5 and 8 of Goodwins Five acre Tracts, according to the official plat thereof Recorded in Volume A of plats, Page 18, Records of Yakima County Auditors Office, Except for Road Right -of -Way on the east. Together With: That Portion of the Northwest Quarter of Section 29, Township 13 North, Range 19 East, W.M. described as follows: Beginning at the Northeast corner of said Northwest Quarter; Thence South 00°04'37" East along the East line thereof 1319.65 feet to the southeast corner of the Northeast Quarter of Said Northwest Quarter of Section 29; Thence South 89°47'39" West along the South line of said Northeast quarter 369.58 feet; Thence North 00°15'37" East 400.10 feet; Thence South 84°38'00" West 477.65 feet; Thence North 05°03'45" West 484.87 feet to the point of curvature of a curve concave to the southwest, said curve having a radius of 472.48 feet; Thence Northwesterly along said curve consuming a central angle of 53°56'19" an arc length of 444.80 feet; Thence North 00°25'30" East 124.86 feet to the North line of said Northwest Quarter; Thence South 89°34'30" East along the said North line of the Northwest Quarter to the Point of Beginning; Except that portion thereof Tying northerly and easterly of Pacific Avenue and South 18th Street. Situate in Yakima County, Washington. Yakima County Assessor's Tax Parcel Numbers: 191329-21008, 191329-21009, 191329- 24439, 191329-24401, and 191329-24403 • >- 0 0 0 2 Q >- GEOGRAPHIC INFORMATION SERVICES Parcel Lo lines are for visual display only_ Do not use for legal purposes. Proposed South 18th Street Annexation Aerial View 29.43 Acres 1,281,970.8 Square Feet City Jurisdiction County Jurisdiction 0 100 200 300 Fat 1'. 250 feet Yakima� County, A Copynght (C) 2004 Yakima County This map was derived from several databases The County cannot accept responsibility for any erro. Therefore, there are no warranties for this prodw BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. t For Meeting of July 20. 2004 ITEM TITLE: Consideration of Resolution Authorizing Annexation Agreement with Yakima County re Jail Site and County Public Works Facility SUBMITTED BY: William Cook, Director, Community & Economic Development CONTACT PERSON/TELEPHONE: Bruce Benson, Supervising Senior Planner (575-6042); Paul T. McMurray, Assistant City Attorney (575-6030) SUMMARY EXPLANATION: Yakima County is in the process of constructing/developing a minimum/medium security correctional facility, to be known as the Yakima County Justice Center, upon a portion of property owned by the County that is commonly referred to as "the Fairgrounds." Additionally, there is a significant County Public Works facility in close proximity to the correctional facility site. For a variety of reasons, including the need to have domestic water and wastewater service to the Yakima County Justice Center, Yakima County desires to have the referenced property annexed to the City of Yakima. In furtherance of this goal, Yakima County proposed that the City and the County enter into a pre -annexation agreement. As part of that agreement, Yakima County requested that it be allowed to retain all sales tax revenue that would have flowed to the City as a result of the construction of the jail facility after the property was annexed to the City. On April 20, 2004, the City Council considered and rejected the proposed pre -annexation agreement. One of the concerns expressed was the sales tax provision. Subsequently, Yakima County representatives met with City representatives and proposed that the pre -annexation agreement be modified to provide that the entities share the sales tax revenue. After some discussions, County representatives agreed that the sales tax revenue should be allocated on an equal basis of 50% to each entity. Additionally, the County agreed to consider and discuss during 2005 the possible annexation to the City of the remaining unincorporated balance of the Fairgrounds. Attached for your review and consideration is a pre -annexation agreement that reflects the foregoing. Resolution X Ordinance Contract X Other (Specify) Funding Source APPROVED FOR SUBMITTAL: a{ City Manager STAFF RECOMMENDATION: Adopt resolution authorizing annexation agreement with Yakima County. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2004-105.