HomeMy WebLinkAboutR-2016-152 Drainage Improvement Districts - Transfer from County to CityBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 11.
For Meeting of: December 6, 2016
ITEM TITLE: Joint Resolution between the City and Yakima County providing
terms and conditions of Yakima County's transition of Drainage
Improvement Districts 4, 13, 24, 29, 38, 39, 40, 41 and 48 to the
City
SUBMITTED BY: Cliff Moore, City Manager
Jeff Cutter, City Attorney
SUMMARY EXPLANATION:
Yakima County has operated and maintained Drainage Improvement Districts 4, 13, 24, 29, 38,
39, 40, 41 and 48 for several years, as trustee of the DIDs since the respective DID Boards
ceased to exist. As a result of numerous City annexations most of the DI Ds' infrastructure is now
located within the City. Earlier in the year Yakima County acted to dissolve the DIDs based upon
their ceasing to have active Boards operating them. The County has offered to transition the
remaining assets and infrastructure of these several DI Ds to the City under the terms and
conditions set forth in the attached Joint Resolution of the City and County to allow the City to
become responsible for the operation and maintenance of the infrastructure.
Portions of the DID infrastructure included in these DI D's has, over the years, become
incorporated into the City's stormwater system. As a result, the continued maintenance and
operation of these systems is essential to the City meeting its stormwater responsibilities.
Further, with the County's decision to dissolve the DI Ds it has fallen to the City to address
continued maintenance of the systems that still convey groundwater within the City to avoid the
City's residents experiencing overflows and flooding resulting from blocked or collapsed conduit
systems. The attached Joint Resolution will provide for the cooperative transfer of the DI Ds to
the City in accordance with statutory requirements, as well as to address the cooperative sharing
of costs incurred by the City in 2016 to address claims and required repair arising from the
condition of the DIDs during the past year. Included in the terms of the transfer is the delivery to
the City of all easements, properties and improvements associated with the DI Ds that the County
has held during its role as trustee of the districts, as well as the financial assets the County
continues to hold from the districts in the approximate amount of one million dollars.
ITEM BUDGETED:
STRATEGIC PRIORITY:
M
Public Safety
APPROVED FORcl*�
SUBMITTAL: ~City Manager
STAFF RECOMMENDATION:
Adopt resolution.
BOARD/COMMITTEE RECOMMENDATION:
Although the City Council is aware of the DID issues, a Council Committee did not have an
opportunity to review the specific documents associated with this action due to the short time
available to present the proposed Resolution to the full Council before the end of the year.
ATTACHMENTS:
Description Upload Date Type
D Joint City -county Resolution re DID transfer of assets 11130(2016 Resolution
BOARD OF YAKIMA COUNTY COMMISSIONERS
A JOINT RESOLUTION BETWEEN THE
CITY OF YAKIMA AND YAKIMA
COUNTYIN THE MATTER OF DISPOSING
OF ASSETS AND PROPERTY OF
DISSOLVED DRAINAGE IMPROVEMENT
DISTRICTS ("DID's") Nos. 4,13, 24, 29, 38,
39, 40, 41 and 48, LOCATED WHOLLY OR
PARTLY WITHIN THE CITY OF YAKIMA
JOINT CITY -COUNTY RESOLUTION
401-2016 [Yakima County]
[City of Yakima]
WHEREAS Yakima County Ordinance No. 4-2015 dissolved nine (urban) drainage
improvement districts (DID's), designated as DID Nos. 4, 13, 24, 29, 38, 39, 40; 41 and 48, whose
service area is located in whole or in part within the municipal borders of the City of Yakima. The
Ordinance was enacted following the County Auditor's determination that the nine urban DID's were
inactive special purpose districts, as defined at RCW 36.96.010(3) (a - b); and,
WHEREAS, pursuant to RCW 36.96.040 the Board of Yakima County Commissioners is the
trustee of the dissolved DIDs in the winding up of their affairs; specifically, the Board has the statutory
responsibility to exchange, sell, or otherwise dispose of all property, real and personal, of the dissolved
special purpose district; and to settle all obligations of such special purpose district. These powers and
duties commence upon the effective date of dissolution and continue until such time as the affairs of the
dissolved special purpose district have been completely wound up; and,
WHEREAS, the subject DIDs include properties that have been annexed into the City of
Yakima. In addition to continuing to convey ground water as originally designed, portions of the
infrastructure installed by the dissolved DIDs, including easements for maintaining the DIDs, have also
served the City of Yakima as drains for surface water and storm waters and are anticipated to do so in
the coming years. However, because of the age and conditions of these facilities it is anticipated that the
City will have maintenance costs in the future, if it continues to use the former DID infrastructure.
WHEREAS, Trustee County and the City seek to resolve the scope of responsibilities of each
municipality following the dissolution of the DIDs and to resolve the apportionment of any remaining
DID resources and property --including any monies retained by the Trustee County and designated to the
district's accounts. This action is to be accomplished no later than December 23, 2016.
THEREFORE, THE BOARD OF YAKIMA COUNTY COMMISSIONERS, ACTING AS
STATUTORY TRUSTEES OF CERTAIN DISSOLVED URBAN DID's AND THE CITY OF
YAKIMA, HEREBY JOINTLY ENTER THE FOLLOWING FINDINGS AND CONCLUSIONS:
A. This Joint Resolution is entered into between Yakima County (County) and its governing body
the Yakima County Board of Commissioners (Board), acting as the trustee of dissolved Drainage
Improvement Districts (DIDs) Nos. 4,13, 24, 29, 38, 39, 40, 41 and 48 that were dissolved as inactive
special purpose districts pursuant to RCW 36.96 et. seq.; and the City of Yakima (City), the receiving
jurisdiction within whose jurisdiction the greater portion of the dissolved DID's property and
infrastructure now exist and whose citizens are benefited by the use of portions of those facilities.
B. The City has used, and will continue to use in the future, portions of the dissolved DID
facilities as part of its storm water program. During the course of 2016 the City has expended
resources to make repairs to and maintain some of the dissolved DID structures, particularly within
DID No. 29; and,
C. The County and the City seek to provide for the fair and orderly transfer of any
responsibilities, obligations and assets of the dissolved urban DID's to the City of Yakima; and,
D. The City of Yakima, as the receiving jurisdiction, agrees to receive those portions of the
remaining real and personal property interests of the dissolved DIDs currently managed by the Trustee
County that are located within the City of Yakima, for the benefit of the City's surface and
stormwater requirements.
E. Further, all funds that have been collected by the Yakima County Treasurer and held on
account for each dissolved DID shall be allocated by the Trustee County to the City under the
following terms:
1) Trustee County shall transfer to the City the sum of $72,472.40, representing fifty percent
(50%) of the costs incurred by the City in 2016 for claims resolution, investigation,
maintenance and replacement of DID infrastructure located within the jurisdiction of the City.
Said funds shall be paid from the DID fund balance held by the County Treasurer on behalf of
the dissolved DIDs. The parties agree that payment of these funds to the City represents the
County's sole responsibility for those expenses incurred by the City in 2016. These funds will
be transferred to the City upon entry of both parties to this Joint Resolution, but no later than
December 23, 2016.
2) The remaining DID fund balance held by the Yakima County Treasurer, estimated to be
$1,077,297.60 in total, will be transferred by the County Treasurer to the City no later than
December 23, 2016, subject to the conditions imposed in this Joint Resolution.
3) The Trustee County will also transfer to the City all components and easements, both real
and in gross, pertaining to the dissolved DIDs and subject to the County's trusteeship, that are
located within the City, including all past, current and future obligations, responsibilities and
liabilities related to their use and operations, regardless of whether such liability or
responsibility arose during the DID's direct management or the County's stewardship;
F. The following exhibits pertain to this Joint Resolution, including the drainage facilities and real
property interests formerly held by the dissolved DID's and currently administered by the County as
statutory Trustee:
Exhibit One, attached to this Joint Resolution and made a part of it, contains a map of the
relevant DID boundaries located in whole or in part within the municipal boundary of the City
of Yakima. The Parties acknowledge that Exhibit One (1) is not, nor is it intended to be, a
comprehensive and complete inventory of DID facilities within the municipal boundaries of
the City of Yakima but was prepared by Yakima County staff members according to the
information on DID facilities available to them and is intended to be for illustrative purposes
2
Exhibit Two, attached to this Joint Resolution and made a part of it, represents the form of the
quit claim deed whereby the Trustee County will transfer to the City of Yakima the ownership
of the dissolved DID real property interests and associated drainage facilities located within
both the dissolved DID boundaries and City of Yakima.
NOW, THEREFORE, ON THE BASIS OF THE STATED FINDINGS AND CONCLUSIONS
IT IS JOINTLY RESOLVED BY THE BOARD OF YAKIMA COUNTY COMMISSIONERS,
ACTING AS TRUSTEES OF THE DISSOLVED DIDS, AND THE CITY OF YAKIMA, AS
RECEIVING JURISDICTION, AS FOLLOWS:
A. So long as the execution of this Joint Resolution occurs before December 23, 2016, all
facilities and assets of the dissolved DID's that are currently held in trust by Yakima County as trustee
of the dissolved DID's and that are located in whole or in part within the municipal boundaries of
Yakima, including the facilities identified and described in Exhibit One (1) attached to this Joint
Resolution and incorporated herein, shall be transferred to the City of Yakima as receiving jurisdiction
in the following way:
1) As soon as possible after execution of this Joint Resolution, but not later than January 1,
2017, Deeds in the form of the quit claim deed provided in Exhibit Two, attached and
incorporated herein, transferring title to the real property interests owned by the DID's and
now held by the County as Trustee, including the real property interests identified and
described in this Resolution, shall be delivered to the City naming the City grantee.
2) Of the remaining DID funds, to the City as follows:
a) The sum of $72,472.40, representing fifty (50) percent of the costs incurred by the City
for payment of claims, investigation, maintenance and replacement of DID infrastructure
located within the jurisdiction of the City, expended by the City between January 1, 2016, and
January 1, 2017, will be paid to the City by the County as the County's sole responsibility,
acting as trustee for the dissolved DID, for those expenses incurred by the City during 2016; to
be paid from the DID fund balance held by the County Treasurer on behalf of the dissolved
DIDs. These funds will be transferred to the City upon both parties entering this Joint
Resolution, to be entered into by both parties no later than December 23, 2016.
b) The remaining DID fund balances held by the Yakima County Treasurer for each of the
dissolved DIDs, estimated to be $1,077,297.60, will be transferred by the County Treasurer to
the City no later than December 23, 2016, subject to the conditions imposed in this Joint
Resolution.
B. Yakima County Public Services shall provide to the City all records and documentation it
possesses regarding operations and maintenance of DID facilities and associated real property
interests, and/or those for which title is held in Yakima County's name, for the drainage facilities and
drainage related real property interests located within the City's jurisdiction.
C. Yakima County, acting as trustee of the dissolved DID's, waives any and all liability to the
receiving City, the dissolved DID's or any of their resources or assets that may be alleged to have
arisen during the period of the County's management and trusteeship, and while acting within its
fiduciary capacity as trustee for the dissolved DIDs and arising out of Yakima County's management,
ownership or trusteeship of any of the drainage property interests and related facilities located within
both the boundaries of the dissolved DID's and City. As among the parties, Yakima shall not have any
liability arising out of the DID's, and/or Yakima County's management, stewardship or ownership of
any drainage property interests and related facilities located within both the boundaries of the DID's
and the City municipal boundaries that arise from acts and/or omissions occurring before the recording
of the quit claim deeds to be delivered to the City of Yakima pursuant this resolution, other than as
herein provided.
D. The parties agree that if this Joint Resolution is not executed by the last Board of
Commissioner's public agenda, on December 23, 2016, all provisions contained herein are null and
void and the Board will retain all funds proposed to be dispersed pursuant to paragraphs A (2) and (b),
above.
DONE this 6`h day of December 2016.
FOR YAKIMA COUNTY
ACTING AS TRUSTEE OF DID Nos: 4,
13, 24, 29, 38, 39, 40, 41 and 48
Michael D. Leita, Chairman
evin J. Bouchey Commissioner
Excused
J. Rand Elliott, Commissioner ��,,.s��,>,�1�
Constituting the Board of County Commisstone� OF q e
for Yakima County, Washington lP�
Attest: Linda Kay O'
Deputy Clerk of the I
4
FOR THE CITY OF YAKIMA
Kath C ff , Mayor
ATTEST:
Q Sonya Claar Tee, City. -Clerk
D�z 64
NOTON
EXHIBIT 1
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\\gis-cascade\dala\disk 5\pmiecls\map requeslsMikem\pw sudace-waler\DIDs\Urban DIDs m:d —11— � o
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EXHIBIT 2
After recording, return to:
QUIT CLAIM DEED
Grantor: County of Yakima, acting as Trustee of dissolved Drainage Improvement Districts Nos.
4, 13, 24, 29, 38, 39, 40, 41 and 48, now located within the City of Yakima
Grantee: City of Yakima
Legal Description: DID No. 4, 13, 24, 29, 38, 39, 40, 41 and 48; and individually described in
the documents referenced herein.
The Grantor, County of Yakima, a municipal corporation of the State of Washington,
acting as Trustee for former Drainage Improvement Districts No. 4, 13, 24, 29, 38, 39, 40, 41 and
48 that were inactive special purpose districts dissolved by operation of law and Yakima County
Ordinance No. 4-2015, adopted August 18, 2015; pursuant to the provisions of said Ordinance No.
4-2015 and Joint Resolution 401-2016, and in consideration of clearing title and transferring all
assets of the former DIDs to the jurisdiction in which they now exist, namely, the City of Yakima,
conveys and quitclaims to the City of Yakima, a municipal corporation, all interest in the
easements and real property situate in the County of Yakima, State of Washington, together with
all after acquired title of the DIDs held in Trust by the Grantor Yakima County therein, to -wit:
All of that portion of properties described and incorporated herein by the attached data and
documents contained in the files of Yakima County, and pertaining the aforementioned 9
urban DIDs.
DATED this �/�ay of December, 2016.
c
i e Leita, County Commissioner
Boo ¢hcy, County Commissioner
Excused
Rand Elliott, County Commissioner
Quit Claim Deed - I
STATE OF WASHINGTON )
) ss.
COUNTY OF Yakima )
On this hJday of December, 2016, before me personally appeared Mike Leita, to me
known, who represented himself to be a County Commissioner of Yakima County, Washington,
the municipal corporation that executed the within and foregoing instrument, and acknowledged
said instrument to be the free and voluntary act and deed of said municipal corporation, for the
uses and purposes therein mentioned, and on oath stated that he was authorized to execute said
instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and yeabove written.
MILLF
oQ��S\pN EXoj �Q
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PVBo ry
9GGUST 11 • `�C�
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STATE OT TW NGTON )
) ss.
COUNTY OF Yakima )
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NOTARY PUBLIC in and for t e State of
Washington, residing at
My Commission expires: 0 S I Z c>
On this �day of December, 2016, before me personally appeared Kevin Bouchey, to
me known, who represented himself to be a County Commissioner of Yakima County,
Washington, the municipal corporation that executed the within and foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of said municipal
corporation, for the uses and purposes therein mentioned, and on oath stated that he was authorized
to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
EXp/
hO�'S�0 N P/^,�,
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Quit Claim Deed - 2
All
(print or ty�e ame)
NOTARY PUBLIC in and for e State of
Washington, residing at
My Commission expires: c> 17