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HomeMy WebLinkAboutR-2006-024 Yakima Regional Library Board of Trustees Memorandum of UnderstandingRESOLUTION NO. R-2006- 24 A RESOLUTION authorizing the execution of a Memorandum of Understanding between the Yakima Public Library Board of Trustees, the Yakima Regional Library Board of Trustees, the Yakima County Rural Library District No. 1 Board of Trustees and the City of Yakima, providing for the transfer of the Yakima Public Library Board of Trustees' vested interest in the real property known as the Yakima Downtown Library and providing for Yakima City Council nomination of a citizen of Yakima to be presented by the Library District Board of Trustees to the Yakima County Board of Commissioners for appointment to the Library Board. Whereas, the Yakima County Rural Library District No 1 ("Library District"), presently operating jointly with the Yakima Public Library as the Yakima Valley Regional Library, is a rural library duly organized and existing under the laws of the State of Washington; and Whereas, the City of Yakima ("City") is a first class city with a population of less than one hundred thousand people, duly organized and existing under the laws of the State of Washington, and has continuously been affiliated with Library District providing library service to the City of Yakima and Yakima County as the Yakima Valley Regional Library since February 23, 1951; and Whereas, public library service is an important and essential service to the people of the City, assisting them to meet their information, recreation and self - education needs; and Whereas, present limitations of revenue and taxation have made it increasingly difficult for the City to maintain the present Regional Library relationship with the Library District; and Whereas, the City finds that the public interest of its citizens and the continued operation of the Library District services will be best served by the City terminating its relationship with the Regional Library and annexing to the Library District. Joining the Library District will help maintain, and potentially improve, the present quality of library service for the City; and Whereas, RCW 27.12.010, 27.12.360, 27.12.370, 27.12.380 and 27.12.390 provide a statutory process for the City's annexation to the Library District, and (jc)res/Memorandum of Understanding -Library 1 Whereas, annexation would allow City taxpayers to support and utilize library services on the same basis as taxpayers in the unincorporated county; and Whereas, this agreement shall include the Yakima Public Library transferring to the Library District the Yakima Public Library's complete interest in the land and buildings known as the Yakima Downtown Library, the real property of which is legally described as follows: Lot 1 in Block 49 in the City of No. Yakima, according to the plat thereof, etc., situated in the County of Yakima, State of Washington; and Lots 2, 3, and 4, Block 49, of the City of North Yakima, according to the plat thereof on file in the office of the County Auditor of Yakima County, Washington; and Lots 5 and 6, Block 49, Town of North Yakima, now Yakima, according to the Plat thereof, recorded in Volume "A" of Plats, page 10, and re-recorded in Volume "E" of Plats, page 1, records of Yakima County, Washington. Provided that the Yakima Public Library Board of Trustees, formerly known as the Board of Trustees of the North Yakima Public Library, agrees to convey all interest in said real property and buildings established thereon to the Library District for the agreed consideration of one hundred thousand dollars ($100,000.00); and Whereas, the Yakima Public Library Board of Trustees, the Yakima Regional Library Board of Trustees and the Library District Board of Trustees agree that upon the City's annexation to the Library District, there shall always be at least one resident of the City of Yakima who shall be nominated by the Yakima City Council and presented by the Library District to the Yakima County Board of Commissioners for appointment to the Library District Board of Trustees, so long as the City remains annexed to the Library District; and Whereas, the Library District agrees that it will best serve the interests of the residents of the City and Yakima County to place the possession and control of the present Yakima Downtown Library building and property described herein in the complete ownership and control of the Library District, thereby terminating all City responsibility for any expenses, obligations or duties of any kind associated with the library, including but not limited to the repair, renovation, operation maintenance and upkeep of the present Downtown Library property and transferring all said responsibilities to the Library District; and 0c)res/Memorandum of Understanding -Library 2 Whereas, the parties agree that based upon appraisal value and title reports the estimated value of the present Yakima Downtown Library building and real property associated therewith and described herein that is vested in the Trustees of the Yakima Public Library is approximately five hundred thirteen thousand dollars ($513,000.00); and Whereas, the parties agree that the present Yakima Downtown Library is in need of substantial remodeling and/or renovation that will potentially result in significant capital expenditures; and Whereas, the parties believe the transfer of the Yakima Public Library's vested real property interest in the present Yakima Downtown Library for the total sum of one hundred thousand dollars ($100,000.00) is a fair, reasonable and equitable resolution of the parties' mutual interests in the property; and Whereas, the parties further agree that the costs of the special election necessary to complete the annexation of the City to the Library District shall be born equally by the City of Yakima and the Yakima Valley Regional Library; BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Mayor of Yakima is authorized to execute the Memorandum of Understanding between the parties named herein, providing the conditions of the transfer of the real property known as the Yakima Downtown Library, vested in the Yakima Public Library Board of Trustees, to the Yakima County Library District, and setting forth the understanding that there shall always be at least one resident of the City of Yakima who shall be nominated by the Yakima City Council and presented by the Library District to the Yakima County Board of Commissioners for appointment to the Library District Board of Trustees, so long as the City remains annexed to the Library District. th ADOPTED BY THE CITY COUNCIL this 28- day of February , 2006. ice/ ATTEST: jI David Edler, Mayor 1 etA-t, - City Clerk (jc)res/Memorandum of Understanding -Library 3 MEMORANDUM OF UNDERSTANDING Between the Yakima Public Library Board of Trustees, the Yakima Regional Library Board of Trustees, the Yakima County Rural Library District No. 1 Board of Trustees and the City of Yakima Regarding a Mutual Agreement to Resolve Economic Concerns Associated With the Continued Operation of the Yakima Regional Library Whereas, the Yakima County Rural Library District No. 1 ("Library District"), presently operating jointly with the Yakima Public Library as the Yakima Valley Regional Library, is a rural library duly organized and existing under the laws of the State of Washington; and Whereas, the City of Yakima ("City") is a first class city with a population of less than one hundred thousand people, duly organized and existing under the laws of the State of Washington, and has continuously been affiliated with Library District providing library service to the City of Yakima and Yakima County as the Yakima Valley Regional Library since February 23, 1951; and Whereas, public library service is an important and essential service to the people of the City, assisting them to meet their information, recreation and self -education needs; and Whereas, present limitations of revenue and taxation have made it increasingly difficult for the City to maintain the present Regional Library relationship with the Library District; and Whereas, the City finds that the public interest of its citizens and the continued operation of the Library District services will be best served by the City terminating its relationship with the Regional Library and annexing to the Library District. Joining the Library District will help maintain, and potentially improve, the present quality of library service for the City; and Whereas, RCW 27.12.010, 27.12.360, 27.12.370, 27.12.380 and 27.12.390 provide a statutory process for the City's annexation to the Library District; and Whereas, annexation would allow City taxpayers to support and utilize library services on the same basis as taxpayers in the unincorporated county; and Memorandum of Understanding 1 Whereas, this agreement shall include the Yakima Public Library transferring to the Library District the Yakima Public Library's complete interest in the land and buildings known as the Yakima Downtown Library, the real property of which is legally described as follows: Lot 1 in Block 49 in the City of No. Yakima, according to the plat thereof, etc., situated in the County of Yakima, State of Washington; and Lots 2, 3, and 4, Block 49, of the City of North Yakima, according to the plat thereof on file in the office of the County Auditor of Yakima County, Washington; and Lots 5 and 6, Block 49, Town of North Yakima, now Yakima, according to the Plat thereof, recorded in Volume "A" of Plats, page 10, and re-recorded in Volume "E" of Plats, page 1, records of Yakima County, Washington. Provided that the Yakima Public Library Board of Trustees, formerly known as the Board of Trustees of the North Yakima Public Library, agrees to convey all interest in said real property and buildings established thereon to the Library District for the agreed consideration of one hundred thousand dollars ($100,000.00); and Whereas, the Yakima Public Library Board of Trustees, the Yakima Regional Library Board of Trustees and the Library District Board of Trustees agree that upon the City's annexation to the Library District, there shall always be at least one resident of the City of Yakima who shall be nominated by the Yakima City Council and presented by the Library District to the Yakima County Board of Commissioners for appointment to the Library District Board of Trustees, so long as the City remains annexed to the Library District; and Whereas, the Library District agrees that it will best serve the interests of the residents of the City and Yakima County to place the possession and control of the present Yakima Downtown Library building and property described herein in the complete ownership and control of the Library District, thereby terminating all City responsibility for any expenses, obligations or duties of any kind associated with the library, including but not limited to the repair, renovation, operation maintenance and upkeep of the present Downtown Library property and transferring all said responsibilities to the Library District; and Whereas, the parties agree that based upon appraisal value and title reports the estimated value of the present Yakima Downtown Library building and real property associated therewith and described herein that is vested in the Trustees of the Yakima Public Library is approximately five hundred thirteen thousand dollars ($513,000.00); and Whereas, the parties agree that the present Yakima Downtown Library is in need of substantial remodeling and/or renovation that will potentially result in significant capital expenditures; and Memorandum of Understanding 2 Whereas, the parties believe the transfer of the Yakima Public Library's vested real property interest in the present Yakima Downtown Library for the total sum of one hundred thousand dollars ($100,000.00) is a fair, reasonable and equitable resolution of the parties' mutual interests in the property; and Whereas, the parties further agree that the costs of the special election necessary to complete the annexation of the City to the Library District shall be born equally by the City of Yakima and the Yakima Valley Regional Library; Now, therefore, the parties hereby agree as follows. The Yakima Public Library Board of Trustees and the Library District Board of Trustees shall each have an opportunity to review and consider the proposed annexation Ordinance, under the terms specified therein, prior to presentation of the Ordinance to the Yakima City Council. Provided the Yakima Public Library Board of Trustees recommends the proposed Ordinance and terms of annexation by Resolution to the Yakima City Council, the Ordinance shall be presented to the Yakima City Council for consideration and approval. At such time as the proposed annexation Ordinance is approved by the City Council, the Council shall present a Resolution to the Yakima County Board of Commissioners requesting a special election be held to present the annexation proposal to the residents of the City of Yakima. The City and the Library District agree that the cost of the special election shall be born equally by the parties. At such time as the majority of the residents of Yakima that vote on the annexation proposal approve the annexation, the election is certified by Yakima County and the annexation takes effect, the parties agree that the contractual relationship existing between the City of Yakima and the Library District shall terminate and the Yakima Valley Regional Library shall cease to exist effective December 31, 2006. The parties further agree that the Yakima Valley Regional Library shall pay to the City of Yakima the total sum of one hundred thousand dollars ($100,000.00) as complete consideration for the transfer of all Yakima Public Library Board of Trustees' vested interest in the present Yakima Public Library real property, thereby terminating all City responsibility for any and all expenses, obligations or duties of any kind associated with the library, including but not limited to the repair, renovation, operation maintenance and upkeep of the property interests vested in the Yakima Public Library Board of Trustees and the Library District, and transferring all said responsibilities to the Library District. Memorandum of Understanding 3 The parties acknowledge that the appraised value of the Yakima Public Library Board of Trustees' interest in the present Yakima Downtown Library is approximately five hundred thirteen thousand dollars ($513,000.00). The parties further acknowledge that the present Yakima Downtown Library is in need of substantial remodeling and/or renovation that will potentially result in significant capital expenditures and therefore agree that the transfer of all of the Yakima Public Library's vested interest in the property to the Library District for the total sum of one hundred thousand dollars ($100,000.00) is a fair, equitable and reasonable resolution of the parties' mutual interests in the property. As a further condition of this Memorandum of Understanding the parties hereto agree that upon the annexation of the City to the Library District, there shall always be at least one resident of the City of Yakima who shall be nominated by the Yakima City Council and presented by the Library District to the Yakima County Board of Commissioners for appointment to the Library District Board of Trustees, so long as the City remains annexed to the Library District. This Memorandum of Understanding contains the complete statement of the understanding of the parties with respect to the subject matter contained herein. There are no other representations, agreements or understandings, oral or written, by the parties relating to the subject matter of this agreement that are not fully expressed in this Memorandum of Understanding. Each party acknowledges and represents that it is executing this Memorandum of Understanding solely in reliance upon its own judgment and knowledge and that it is not executing it based upon the representations or covenants of the other party or anyone acting on such other party's behalf, except as expressly stated herein. Any modifications or amendments to this Memorandum of Understanding shall be approved in writing by both parties. If any provision of this Memorandum of Understanding or any portion of any provision hereof is declared null and void by a court of competent jurisdiction, such provision or such portion shall be deemed modified to the extent necessary to make it valid and operative, or if it cannot be so modified, then severed, and the remainder of this Memorandum of Understanding shall continue in full force with the invalid portion so modified or eliminated. This Agreement of Understanding is effective upon signature by the parties hereto. Dated this 27`" day of February, 2006. Memorandum of Understanding 4 Yakima Public Library Library District Board of Trustees Board of Trustees ,% r mac, Darlene Lust Melba Fujiura Melba Fujiura Victor Lara ouglas D. Peters Yakima Valley Regional Library City of Yakima Board of Trustees /4A/Ze.- 4,"1 Darlene Lust Melba Fujiura �►. ro ,.,_ C hoon-Dillahunt tivIM Douglas D. Peters David Edler, Mayor Memorandum of Understanding 5 ZOO (ti CITY CONTRAC r NO RESOLUTION NO- RESOLUTION NO. R-2006-003 A RESOLUTION of the Board of Trustees of the Yakima Public Library, currently operating as the Yakima Valley Regional Library, recommending the proposed annexation of the City of Yakima to the Yakima County Rural Library District No. 1. WHEREAS, the Yakima Public Library and the Yakima County Rural Library District No. 1 ("Library District") have operated jointly as the Yakima Valley Regional Library, under an agreement initiated on February 23, 1951, to provide library services to the City of Yakima and the unincorporated portions of Yakima County; and WHEREAS, the City of Yakima is a first class city duly organized and existing under the laws of the state of Washington and having a population of Tess than one hundred thousand people; and WHEREAS, the City Council of the City of Yakima is considering an ordinance that seeks termination of the contractual agreement between the City Public Library and the Library District and annexation of the City into the Library District; and WHEREAS, public library service is an important and essential service to the people of the City, assisting them to meet their information, recreation and self -education needs; and WHEREAS, the Yakima Public Library Board of Trustees understands that continuing limitations of revenue and taxation have made it increasingly difficult for the City to maintain the present Regional Library relationship with the Library District; and WHEREAS, the Public Library Board of Trustees finds that the public interest of its citizens and the continued operation of the Yakima County library services will be best served by the Yakima Public Library terminating its relationship with the Yakima Valley Regional Library and for the City to annex to the Library District. Joining the Library District will help maintain, and potentially improve, the present quality of library service available to the citizens of the City of Yakima; and WHEREAS, RCW 27.12.010, 27.12.360, 27.12.370, 27.12.380 and 27.12.390 provide a statutory process for the City's annexation into the Library District; and WHEREAS, annexation would allow City taxpayers to support and utilize library services on the same basis as taxpayers in the unincorporated county; and WHEREAS, it is agreed by the Yakima Public Library Board of Trustees that upon the City's annexation to the Library District there will always be at least one resident of the City of Yakima who shall be nominated by the Yakima City Council and presented by the res/library annexation -trustees 1 Library District to the Yakima County Board of Commissioners for appointment to the Library District Board of Trustees, so long as the City remains annexed to the Library District; and WHEREAS, the Yakima Public Library Board has reviewed the terms of the Ordinance proposed by the City of Yakima to initiate the annexation of the City to the Library District; Now, Therefore BE IT RESOLVED BY THE BOARD OF TRUSTEES OF THE YAKIMA PUBLIC LIBRARY: Section 1. The Yakima Public Library Board of Trustees has reviewed the Ordinance proposed to initiate the City's annexation to the Library District and recommends the annexation; and Section 2. It is the understanding and agreement of the Yakima Public Library Board of Trustees that upon the City's annexation to the Library District there shall always be no less than one resident of the City of Yakima who shall be nominated by the Yakima City Council and presented by the Library District to the Yakima County Board of Commissioners for appointment to the Library District Board of Trustees, so long as the City remains annexed to the Library District. Section 3. If any section, sentence, clause or phrase of this resolution should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. ADOPTED BY THE YAKIMA PUBLIC LIBRARY BOARD OF TRUSTEES this 27th day of February, 2006. Darlene Lust res/library annexation -trustees 2 Melba Fujiura YAKIMA Connecting VALLEY people REGIONAL and LIBRARY ideas. 1111111.1.11111.111111 Resolution No. 06-002 RESOLUTION OF THE BOARD OF TRUSTEES OF YAKIMA COUNTY RURAL COUNTY LIBRARY DISTRICT CONCURRING IN THE PROPOSED ANNEXATION OF THE CITY OF YAKIMA TO THE LIBRARY DISTRICT WHEREAS, the Yakima County Rural County Library District ("Library District") is a rural county library district duly organized and existing under the laws of the State of Washington; and WHEREAS, the City of Yakima ("City") is a first class city with a population of less than one hundred thousand people, duly organized and existing under the laws of the State of Washington, and has continuously been affiliated with the Library District providing library service to the City of Yakima and Yakima County as the Yakima Valley Regional Library since February 23, 1951; and WHEREAS, the City Council on February 28, 2006, will review and consider for adoption an ordinance initiating the process that will result in a special election to determine whether the City of Yakima shall terminate its contractual affiliation with the Library District, jointly operating as the Yakima Valley Regional Library, and be annexed into the Library District by declaring the required intent to join the Library District and by finding that such annexation is in the public interest ("Ordinance"); and WHEREAS, the Ordinance has been submitted to the Board of Trustees of the Public Library of the City of Yakima for review and recommendations, and that Board recommended the annexation of the City to the Library District; and WHEREAS, the City Council on February 28, 2006, will review and consider for adoption a resolution requesting that the Yakima County Commissioners set a special election for April 25, 2006, in the City of Yakima regarding the annexation of the City to the Library District; and WHEREAS, present limitations of revenue and taxation have impacted the City substantially, and WHEREAS, Section 27.12.010 and Section 27.12.360, Section 27.12.370, and Section 27.12.390 of the Revised Code of Washington provide a process for the annexation of the City into the Library District, and page 1 of 2 102 N Third Street • Yakima WA 98901 • 509.452.8541 • Fax 509.575.2093 • www.yvrl.org WHEREAS, the Board of Trustees of the Library District has reviewed the City's Ordinance and has found that the public interest will be served by the City becoming part of the Library District, now therefore RE IT RESOLVED, that the Library District concurs in the proposed annexation of the City to the Library District and hereby directs that a copy of this resolution be forwarded to the Yakima County Commissioners and thereby notify them of this resolution. Passed in regular session this 27th day of February, 2006. LI 1 RA `D STRICT BOARD OF TRUSTEES t it (A../ PresideiiiYTrustee Secretary/Trustee 1 t,. } V 5 Trustee Trustee When recorded, return to: G. SCOTT BEYER Menke Jackson Beyer Elofson Ehlis & Harper, LLP 807 North 39th Avenue Yakima, WA 98902 RECEIVED APR 2 0 2006 CITY LEGAL DEPT, SPECIAL WARRANTY DEED COUNTY E.. ASE TAX DATt 0 2006 _ PAID $ IUO�t� REC. NO. V•.110 '3? ♦r,[�. , Yakima. County Treasurer's Office Reference nos. of docts. assigned or released: (a 5 70741 Grantor: Grantee: Assessor's Parcel No.: n/a THE BOARD OF TRUSTEES OF YAKIMA PUBLIC LIBRARY OF THE CITY OF YAKIMA THE BOARD OF TRUSTEES OF THE RURAL COUNTY LIBRARY DISTRICT OF YAKIMA COUNTY 191319-22457 THE GRANTOR, THE BOARD OF TRUSTEES OF YAKIMA PUBLIC LIBRARY OF THE CITY OF YAKIMA, formerly North Yakima, for and in consideration of Ten Dollars and other good and valuable consideration in hand paid, grants, bargains, sells, conveys, and confirms to THE BOARD OF TRUSTEES OF THE RURAL COUNTY LIBRARY DISTRICT OF YAKIMA COUNTY, the following described real estate, situated in Yakima County, Washington: Lots 1, 2, 3, 4, 5 and 6, Block 49, TOWN OF NORTH YAKIMA, now Yakima, according to the plat thereof, recorded in Volume "A" of Plats, Page 10, and re-recorded Volume "E" of Plats, Page 1, records of Yakima County, Washington. SPECIAL WARRANTY DEED Page 1 of 5 MENKE JACKSON BEYER ELOFSON EIILIS & HARPER, LLP 807 North 39ih Avenue Yakima, WA 98902 Telephone (509)575-0313 Fax 509)575 0351 11111 11 11 P DELITY TITLE COMPANY 1 1 1 11 11 1 1 11 tIA AA 7502142 Page; 1 of 5 04106x2006 11:058 Yakima rm, WA SUBJECT to all pending actions in state and federal courts relating to the determination and adjudication of surface water rights in the Yakima River Drainage Basin. TOGETHER WITH all water rights and appurtenances belonging thereto. The Grantor, for itself and for its successors in interest, does by these presents expressly limit the covenants of the deed to those herein expressed and excludes all covenants arising or to arise by statutory or other implication, and does hereby covenant that against all persons whomsoever lawfully claiming or to claim by, through, or under said Grantor in its fiduciary capacity and not otherwise, will forever warrant and defend the said described real estate. DATED: nix„v , ((V , 2006. SPECIAL WARRANTY DEED Page 2of5 THE BOARD OF TRUSTEES OF YAKIMA PUBLIC LIBRARY OF THE CITY OF YAKIMA Bya �x�RAW,, j i !-eJ DAI Ly: 1I LUST, Trustee By: i /�� (,• ���'��, ! `'�� jlirc. By: S ERI M , Trustee N, Trustee By: ," Trustee T /ay, AT A,7 A-DXTTAT rP .. LLll V1�41 ttl. I. AT tl lltl 11 L., we 11111111 IIll III au MENKE JACKSON BEYER ELOFSON EHLIS & HARPER, LLP 807 North 39th Avenue Yakima, WA 98902 Telephone (509)575-0313 Fax (509)575-0351 �ifl I TTY TTTI P (n11PANY 1111111111111111111 75021S4.of2 Pane 5 94/06/2006 11:9SA i] 136.00 Yakima Co, WA STATE OF WASHINGTON ) ss. County of Yakima ) I certify that I know or have satisfactory evidence that DARLENE LUST is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Trustee of THE BOARD OF TRUSTEES OF YAKIMA PUBLIC LIBRARY OF THE CITY OF YAKIMA, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: ML (CAT I , 2006. STATE OF WASHINGTONQ ss. County of Yakima -ec print name Notary Public in and for the State of Washington. My appointment expires: NOV ZOO -4- . I certify that I know or have satisfactory evidence that MELBA FUJIURA is the person who appeared before me, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Trustee of THE BOARD OF TRUSTEES OF YAKIMA PUBLIC LIBRARY OF THE CITY OF YAKIMA, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: ))121.12.in , 2006. SPECIAL WARRANTY DEED Page 3 of 5 ✓/rn P 0l4A;i7e Noary c ik foiN e te of print Washington. �/ ,ori—� My appointment expires: MN, ) Svc- T . 11 11 11 1 11 1 MENKE JACKSON BEYER ELOFSON EHLIS & HARPER, LLP 807 North 39th Avenue Yakima, WA 98902 Telephone (509)575-0313 Fax 509)575 0351 1 FIDELITY TITLE COMPANY 1 1 1 11 11 II II 7502142 Page: 3 of 5 9446/2006 11:$5A $36,99 Yakima Co, WA STATE OF WASHINGTON ) ss. County of Yakima ) I certify that I know or have satisfactory evidence that SUE RIGDON is the person who appeared before rne, and said person acknowledged that she signed this instrument, on oath stated that she was authorized to execute the instrument and acknowledged it as the Trustee of THE BOARD OF TRUSTEES OF YAKIMA PUBLIC LIBRARY OF THE CITY OF YAKIMA, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Tnmrlrl• Al ®N 1 I• 4i 1/131 ELL/ • / s A /V S O��\SSIoh„ F+tfi cJI NO TA t A\ li 1f AVBLtft tti sr_ t e® 1 STATE OF WASHINGTON County of Yakima ) ss: ) 2no6. Y/1 tLAve 7a� LY �eri=e w�l print name Vnitry Priblic in and for the `tCAVV ate V 0.J Lof Washington. , My appointment expires: '��y. 1 2,669-7- I certify that I know or have satisfactory evidence that ACTOR L AR_A is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Trustee of THE BOARD OF TRUSTEES OF YAKIMA PUBLIC LIBRARY OF THE CITY OF YAKIMA, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: STATE OF WASHINGTON GAIL M. KUNZ NOTARY PUBLIC COMMISSION EXPIRES 1 JULY 30, 2009 J SPECIAL WARRANTY DEED Page 4of5 , 2006. 670,i1 M. /Sto1z- 1 print name Notary Public in and for the State of Washington. / My appointment expires: %/30ADD 111 11111111 r IIP ITV Tiflc NIMoouV MENKE JACKSON BEYER ELOFSON EHLIS & HARPER, LLP 807 North 39`h Avenue Yakima, WA 98902 Telephone (509)575-0313 Fax (509)575-0351 11 INNS 111 7502142 04!0612006 1iA1: 05A iI%A AA tJ_1.: .._ A_ ,1.1:05A STATE OF WASHINGTON ) ss. County of Yakima ) I certify that I know or have satisfactory evidence that LARRY N. MARVIN is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Trustee of THE BOARD OF TRUSTEES OF YAKIMA PUBLIC LIBRARY OF THE CITY OF YAKIMA, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: A./Lt C -A71 , 2006. SPECIAL WARRANTY DEED Page 5 of 5 =er Pryt;e 1,U144){=1 y r5 c, ' Y` 1 ^ tate print name No ary u c in n or the S• tate of Washington. My appointment expires: J j(21% • 1 ZOO -4". 11 111 1 1 MENKE JACKSON BEYER ELOFSON EHLIS & HARPER, LLP 807 North 391h Avenue Yakima, WA 98902 Telephone (509)575-0313 Fax (509)575 0351 1 1 1 11 DELITY TITLE COMPANY D 11 11 I 7502142 Page: 5 of 5 04/06/2008 11:85A $36.00 Yakima Co, WA BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 3 For Meeting Of 2/28/06 ITEM TITLE: Consideration of reports and legislation regarding a Proposed Annexation Election of the City of Yakima Public Library to the Yakima County Rural Library District No. 1, and the Disposition of Property vested in the Yakima Public Library Board of Trustees. SUBMITTED BY: City Administration Finance Department Legal Department CONTACT PERSON/TELEPHONE: Dick Zais, City Manager; # 575-6040 Cindy Epperson, Financial Services Manager; # 575-6070 Jeff Cutter, Assistant City Attorney; # 575-6030 SUMMARY EXPLANATION: History/Background: Because of the trend over the past five years of flattening municipal revenues, voter -approved initiatives that have reduced or severely restricted existing resources and increasing fixed, mandated, and contractual expenses, in 2004 the City Council appointed a committee - the Budget Strategy Team (BST) - to thoroughly review and evaluate City spending and to make recommendations on future alternatives to reduce the costs of providing municipal services and to consider alternative revenue sources. The BST examined the Library's budget and the level of library service provided within the City limits as part of their review last year. Their final report was issued in September 2005 and included the recommendation that the City divest itself of the current relationship/contract with the library and place the issue of annexing to the County Library District before the voters, recognizing that this was favorable to both the Library and the City. Continued ... Resolution 1 Ordinance 1 Contract Other (Specify) 2 Memorandums of Understanding Funding Source 000 -General Fund—Property Tax Revenue APPROVED FOR SUBMITTAL: ��� �� - City Manager STAFF RECOMMENDATION: Accept the report and enact the applicable legislation BOARD/COMMISSION RECOMMENDATION: The Council's Economic Development Committee approved this report at their February 13, 2005 meeting COUNCIL ACTION: Details regarding this item are located at the end of the agenda statement (after page 3 of 3). Page 9 of 3 Annexation would stabilize the Library's revenue stream from the City; equalize the property tax rates paid by City residents for library services with the rates paid by other County residents; narrow the existing gap between annual revenues and expenditures thereby lessening the risk of future service reductions for both the library and the City and would enable the City to redirect a portion of its levy toward reducing dependency on emergency/contingency cash reserves. Annexation would also allow the citizens to dedicate their taxes directly to library services. Additionally, part of the negotiated agreements includes the requirement that the City of Yakima would have a representative on the 5 - member County Library Board. Council approved a policy issue during the 2006 budget process to bring this issue forward, to be accomplished by meeting with the Council's Economic Development Committee (Ron Bonlender, Norm Johnson and Bill Lover) to coordinate for an election in 2006 with the Library board and management. Additionally, during the 2005 budget process, the 'Library proposed to buy a portion of the land that the Downtown Library is located on for $100,000 to maintain its contribution level from the City. Part of the research in preparing the legal documents for a property sale included a title search of the property and an appraisal. The title search showed that the City owned 6 of the 8 lots, and one-half of the building. After negotiations with Library management and review of the condition of the building, staff is recommending that the City sell their entire ownership in the Downtown Library for the agreed upon $100,000, even though the appraisal indicated the City's share of current market value was ab0ut $513,000, so that the City is released from any potential cost-sharing of future capital needs of this 49 year old facility. Current Action and Proposed Legislation: At this point in time, the fiscal/legal analysis has been completed; negotiations with the Library board and management are concluded; and the Council's Economic Development Committee met and approved the details of the annexation and property transfer at their February 13, 2006 meeting. The attached documents include reports on both the annexation and sale of property, and legislation to accomplish both of these, The documents include: 1. Calendar of actions necessary to complete annexation 2. Draft Fact sheet describing issues regarding library annexation 3. Financial analysis of library annexation 4. Fact sheet describing the downtown Yakima library property disposition 5. Motion ratifying Mayor's appointment of Library trustees 6. Resolution authorizing approval of Memorandum of Understanding, which describes terms of disposition of library property and other economic concerns 7. Proposed Ordinance adopting annexation of City to County Rural Library District 8. Resolution of the Yakima City Council to the Yakima County Board of County Commissioners requesting a special elections for City annexation 9. Resolution of the Yakima Public Library Board of Trustees recommending the City annexation to the City Council 10. Resolution authorizing an Agreement for Consideration among the City, Library Districts and Yakima C:ni int; regarding Library Board representation Because the present Yakima City Council has not addressed the appointment of public library trustees during its tenure, the consideration of the issue of annexation will begin with the Mayor's ratification of the five current members of the Yakima Public Library Board of Trustees. Upon ratification, the full Council will be asked to approve the Mayor's ratification. Following this the Council will review the Public Library Trustees' resolution recommending the proposed annexation to the City Council. The Council will then consider the Ordinance initiating the annexation of the City to the Library District. Page 3 of 3 Upon approving the Ordinance, Council will then consider a Resolution requesting that the Yakima County Board of Commissioners set a special election on April 25, 2006 at which time the citizens of Yakima may vote on the library annexation issue. Finally, the Mayor will be requested to join the three library boards of trustees in signing a Memorandum of Understanding resolving the transfer of the Yakima Public Library property to the Library District for the specified consideration. Part of the negotiated terms included in the above documents is the understanding that the City and the Library will share equally in the cost of the special election regarding annexation, currently scheduled for April 25, 2006. Future Action: If the annexation vote by Yakima's citizens is favorable, the change in property taxes will be effective for the 2007 property tax levy. That levy will be set by separate action of both the Library board and City Council in November 2006 and is anticipated to have the following effects (based on 2006 assessed values): • The City of Yakima's 2007 property tax rate would drop from the current $3.38 p/$1000 assessed value to approximately $3.12 (the City will no longer assess or collect property taxes for library services). • The Library board would assess approximately .48 p/$1000 of assessed value (this includes the 32 cents p/$1000 assessed value previously collected by the City). • It is estimated that the total tax rate for Yakima citizens would increase from the current $3.38 p/$1000 assessed value to the maximum of $3.60; or approximately 22 cents per one thousand of assessed valuation (approximately 15 cents per thousand for the Library and approximately 7 cents per thousand for the City). • This equates to an annual increase of approximately $22 per each $100,000 of assessed valuation (approximately $15 for the Library and $7 for the City). Should the annexation be approved, the resulting effects on the levy rates for both the City and the Library, as described above, would be the same as in every other city in Yakima County that has recently voted to annex into the County Library District. Therefore, future Council action items would include: 1) Setting the property tax levy at the maximum allowed by law when the 2007 levy is before Council in November 2006 to accomplish the BST objective of narrowing the existing gap between annual revenues and expenditures thereby lessening the risk of future service reductions for both the City and the Library and would allow the City to redirect a portion of its levy toward reducing dependency on emergency/contingency cash reserves; and 2) Nominating a Library Board member when necessary, in conjunction with the expiration of current member terms. Recommendation: The Council's Economic Development Committee approved this report at their February 13, 2006 meeting and recommended full Council consideration and authorization of all legal documents herein and action by City Council in November 2006 to set the City's 2007 property tax levy at it's new maximum rate of approximately $3.12 p/$1000 of assessed value (assuming a successful library annexation vote). from the desk of. R. Lovendusky 508 N 63rd Ave Yakima. Wa., 98908 February 24, 2006 To Yakima City Counc( Yakima County Commissioners Editorial Board Yakima Herald Republic RECEIVED CITY OF YAKIMIA FEB 2 7 2006 OFFICE OF CITY COUNCIL I am appalled that the city of Yakima and/or Yakima County cannot or will not adequately fund the Yakima Regional Library System If one takes a brief walk back through history to the origin of the law suit involving Yakima's sewer System odor and the attitude expressed by Mr. Zais in his dealings with the complainants and the court settlement, Yakima could have funded the library for years. Again, if we walk back to the origin of the Congdon/Wal-mart fiasco in which city government attempted to skirt the law and force a mega Wal -mart center on us, spending millions of dollars on attorneys and copying costs, the city could have funded the library system for years into the future Now lets look at county government and their effort to build a state of the art jail that they now cannot afford to operate because of costs. How long could the county have assisted in funding the library system had the jail remained a pipe dream? Looking at each of these gross errors in governance by both the city and county, we should not be surprised when they state that they cannot fund the library system. FINE— LETS GET RID OF THE CITY MANAGER AND COUNTY COMMISSIONERS AND START OVER! I am not in favor of an annexing district for the library system I am paying more then my fair share for city and county services and firmly believe that city and county government should fund the library from existing revenues. ENOUGH IS ENOUGH! Res pectfrtly smbmid, 7 . R. Lovendukcy Published on Friday, February 24, 2006 Library battles lack of funds By SARA MURPHY YAKIMA HERALD -REPUBLIC Confronted with threats that two of the city's branch libraries could be forced to close next year, library advocates aren't about to be shushed. Instead, supporters of the Yakima Valley Regional Library system are raising their voices and rallying support for a special election in April that would ask Yakima residents to annex into the library district. If voters approve, city property owners would pay directly for library services through a levy, similar to a rural fire district. Money to operate Yakima's three libraries currently comes from the city's general fund, which also pays for services such as police and fire. Monica Weyhe, library system director, told a crowd of about 90 people who met Thursday evening at the Southeast Community Center that because of recent and anticipated cuts, the budget won't cover costs for the city's three branch libraries after this year. "The Summitview and Southeast libraries really are in danger of closing in 2007," she said. Further anticipated budget cuts could force the downtown branch to close the following year, she warned. The Yakima City Council, library board of trustees and Yakima County Commission are each expected to take action next week to call for a special election April 25 that would ask city voters to approve annexation into the library district. GORDON KING/Yakima Herald - Republic The Summitview branch of the Yakima Valley Regional Library is being considered for closure because of a funding crunch in the library. Page 1 of 2 glPrintable Version GORDON KING/Yakima Herald - Republic Sherry Figueroa looks for books on the automotive industry at the Summitview branch of the Yakima Valley Regional Library on Thursday. "We really rely on this library," she said. "My daughter spends hours here because she's the reader of the family." The branch is in danger of closing. httn'//www vakimaheraldrar ikli ' rrvrn /TN anP/.11cO')RcAQAAAll /177n7 /1 //1 A I, Page 2of2 A hasty campaign is necessary to keep the libraries open, Weyhe said. A vote needs to be taken before June for the annexation to take effect by next year, and the library system doesn't want to compete with other issues scheduled for a May election. Even with little time to campaign, Weyhe expects the annexation to win voters' support. "Every annexation to the library district has been successful so far," she said. In the past five years, voters in Selah, Sunnyside, Toppenish, Wapato and Zillah have annexed local libraries into the regional system. Under the current syte, the city contracts ✓itu the regional library system at a flat rate of about $1.3 million this year. That's $100,000 gess than the city paid for library services last year, said City ily Manager Dick Zais. The city's funding works out to about 33 cents per $1,000 of assessed value, or about $42.90 per year for the average $130,000 home. The library district taxes at a rate of about 48 cents per $1,000 of assessed value. The owner of a ‘1.1.0,000 home would pay about $67.4n a year, which Weyhe compares to the cost of buying thrPe hardback books. Rates within the current library district would not be affected if the city annexes into the district, Weyhe said. Annexation would raise city property taxes by about 15 cents per 81,000 of assessed value. Weyhe said the increase would bring city support in line with that of county residents. "You get access to the same library services as people living in the county, but they pay more than you do," she said. "And it (the city's funding) is not enough anymore." Zais said voter -driven statewide initiatives in recent years that have limited property tax increases hold the blame for much of the city's financial woes. Revenues aren't keeping pace with operating costs being driven up by rising fuel and utility rates, he said. Meanwhile, the library district's tax base is being gobbled up as Yakima annexes neighborhoods on the city's west side, Weyhe said. The problem is made worse, she said, because the city's growing population demands more services even as it pays less for those services. The Sinnniitview hranrh located at 5709 • Ave has the second-highest circulation within the regional system. The Southeast branch is located at the Southeast Community Center, 1211 S. 7th St. The library district and city of Yakima have agreed to share election costs; exact figures were not immediately available. * Sara Murphy can be reached at 577-7693 or smurphy@yakimaherald.com. (Draft) Yakima Libraries Annexation Q & A Ballots mailed April 5th for April 25th Special Election YAK 1 M A Connecting VALLEY REGIONAL J LIBRARY What is the problem? Yakima Library District projects a shortfall of over $500,000 to keep the 3 public libraries in the city open during 2007 and beyond. The Summitview and Southeast Yakima libraries are at risk of closing in 2007 unless the citizens of Yakima vote to annex to the library district and pay directly for library services. The downtown library may not be able to stay open to the public beyond 2008 due to the decline in operating funds. These libraries have been underfunded for several years and are currently subsidized by residents of the county. The library district has received a flat level of funding from the City since 2003, was reduced by $100,000 in 2006, and greater reductions are projected in the future. As a junior taxing district, the Library District is subject to the same limitations on increasing revenues as is the City, such as 1-747, other tax initiatives and the 1% limitation. Expenditures continue to increase more than inflation as well, with medical benefits up 14%, books and materials, postage and most supplies up 5%, and even higher fuel and utility increases. The district carried needed vacant positions in 2005 and will dip into limited reserves in 2006, for basic operations, required building renovations and needed capital projects such as computers, security cameras, and telecommunications. How does Yakima currently get library service? The City of Yakima Libraries contracted with the Yakima Rural County Library District in 1951 (which created the "Regional Library District") to provide books, materials and library programs and services. The Library District combines the City's annual contract fee with property tax dollars paid by library users who live outside the City to pay for operating the library and the library system. The loss of revenue due to tax limitation initiatives and the difference between the library district levy and the City contract payments has caused a significant gap between revenues and expenses. What is annexation? Annexation is the way for cities and towns to join the Library District, instead of contracting for services. The Library District is a junior taxing district and its jurisdiction is Yakima County. Property owners are taxed directly for library services by paying the library levy rate, in the same way citizens in unincorporated Yakima County fund library services, rather than indirectly from property tax paid to the City. Funding for library services shifts from the City's general fund to the Library District What is the library levy rate? The levy rate in 2006 for Yakima County residents is 47.5 cents/$1,000 assessed value. If annexation passes, City residents will pay at the library levy rate beginning in 2007. For example, owners of a home assessed at $100,000 would pay $47.50 beginning 2007, about 15 cents more than the City is currently paying for library service. [By state law, property owners will pay no more than 50¢ per $1,000 assessed property value to a library district.] Why annex and how much will it cost? Annexation will cost an additional $19.50 per year for the average homeowner to keep the public libraries open in the city and provide a stable source of funding for access to library materials, services and programs, and cover the basic maintenance and operating (M&O) costs. City residents would then pay the same as county residents. Have Other Cities Annexed? Yes: Selah, Sunnyside, Wapato, Toppenish, Moxee, Zillah, and Harrah. Will library service change if annexation is successful? The Library District will continue to provide library materials, services, and programs to Yakima a based upon the district's needs and priorities, dependent upon income and expenses. If annexation passes, Yakima residents will also continue to be able to use all of the Library District branches and resources. Will library service change if annexation fails? Summitview and Southeast libraries are at risk of closing the first year. It is unknown whether the Yakima City Council could `damf•downtown Cv1.1iu provide enough funding to keep the library open to the puhlin after that. That decision is made by the (amity Co incil and r open i'- y y vvu :dei, and is not part of the annexation vote. If not and if annexation fails, residents of the City of Yakima would not be able to check out items from other County Library branches because the community would not be providing the tax dollars to support the public library system. IOVV iS Q11116AQt1o11 de\.Ided? Annexation is decided by a simple majority election. How will annexation affect County residents in the Greater Yakima area? County residents already pay the regular library tax levy, and their taxes will not change regardless of whether annexation is approved or not. What will the ballot say? The wording will be similar to: Proposition No. 1 Shall the City of Yakima be annexed to and be a part of the Rural County Library District of Yakima County? Yes No Will Yakima still have a say in the library system? Yes. The Library Board of Trustees represents the entire county, and is the governing body for the library system. So long as Yakima is annexed. a city resident may be nominated by the City Council as one of the Trustees. Yakima Library users regularly suggest materials and services. Input is welcomed by the Director and Trustees. How can 1 get more information? Attend a public forum on Your questions are welcome. Please contact: • www.yvrl.org • Yakima Valley Regional Library, 452-8541 • Greater Yakima Friends of the Library FEBRUARY 28, 2006 COUNCIL ACTION: A. Calendar of actions necessary to complete annexation Monica Weyhe, Director of the Yakima Valley Regional Library system, advised they are anticipating holding a special election April 25. B. Draft fact sheet describing issues regarding library annexation Monica Weyhe described the annexation strategy as an alternate funding source for the City. Funds would be shifted from the General Fund property tax to the library levy rate (about $.15 per thousand) of assessed property valuation. Without this alternative funding source, the branch libraries at the Southeast Community Center and on Summitview will be at risk for closure. C. Financial analysis of library annexation Cindy Epperson, Financial Services Manager, advised that the City's levy rate would be reduced and the library's rate would increase on assessed property valuation. D. Fact sheet describing the downtown Yakima library property disposition The County library district offers to pay the City $100,000 for the library facility to obtain a clear title on the building and the land. E. Motion ratifying Mayor's appointment of Library trustees Action: Motion ratified F. Resolution authorizing approval of Memorandum of Understanding describing terms of disposition of library property and other economic concerns Action: Resolution adopted. RESOLUTION NO. R-2006-24 G. Proposed Ordinance adopting annexation of City to County Rural Library District Action: Ordinance adopted. ORDINANCE NO. 2006-05 H. Resolution of the Yakima City Council to the Yakima County Board of County Commissioners requesting a special election for City annexation Action: Resolution adopted. RESOLUTION NO. R-2006-25 I. Resolution of the Yakima Public Library Board of Trustees recommending the City annexation to the City Council No action necessary by the City J. Resolution authorizing execution of agreement between the City, Library Districts and Yakima County regarding Library Board representation Action: Resolution adopted. RESOLUTION NO. R-2006-26 At the request of the Library Director, the Council will hold a public hearing on March 21, 2006 to allow them to take a position on this issue, if desired, and permit further public comment.