HomeMy WebLinkAboutR-2006-007 Yakima County Memorandum of UnderstandingRESOLUTION NO. R-2006- 07
A RESOLUTION approving the attached Memorandum of Understanding for
execution by the City of Yakima, thereby resolving Yakima
County's economic concerns regarding the City's proposal for
the 96th Avenue Annexation.
WHEREAS, the City of Yakima initiated the 96th Avenue Annexation to annex into
the City a highly urbanized area adjacent to the City's west boundary line; and
WHEREAS, the City of Yakima believes that the citizens within the highly urbanized
96th Avenue Annexation require the full range of municipal services only the City of Yakima
can provide; and
WHEREAS, Yakima County recently expended $1,116, 991.16 to improve certain
streets within the area proposed for annexation by the City of Yakima; and
WHEREAS, Yakima County invoked the jurisdiction of the Yakima County
Boundary Review Board to consider economic concerns the County had regarding
its ability to service the debt on that portion of a Road Tax Loan expended on
developing those certain streets within the proposed annexation area; and
WHEREAS, the City of Yakima and Yakima County desire to resolve the
issues raised by the County in order to achieve an equitable annexation of the
urbanized 96th Avenue Annexation; and
WHEREAS, the City of Yakima and Yakima County have reached an
agreement to permit the 96th Avenue Annexation to proceed, thus making it
unnecessary for the Yakima County Boundary Review Board to invoke jurisdiction
in this matter.
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima to approve the Memorandum of Understanding between the City of Yakima and
Yakima County, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The attached Memorandum of Understanding is approved for the Mayor's execution
and the terms therein are accepted as a resolution of Yakima County's request for
Boundary Review Board review of the 96th Avenue Annexation.
ADOPTED BY THE CITY COUNCIL this17tday of J. - ary, 2006
ATTEST: ,A
City Clerk
(jc)res/Memo of Understanding -96`h Ave Annex
David Edler, Mayor
MEMORANDUM OF UNDERSTANDING
Between the City of Yakima and Yakima County
Regarding a Mutual Agreement to Resolve Economic Concerns Associated
With the 96th Avenue Annexation and Terminate Further Boundary Review
Board Consideration In BRB Case No. 05-13
Whereas, the City of Yakima initiated the 961" Avenue Annexation to annex into
the City an urbanized area adjacent to the City's west boundary; and
Whereas, the City of Yakima believes that the citizens within the proposed 961"
Avenue Annexation require the full range of municipal services only the City of
Yakima can provide; and
Whereas, Yakima County recently expended $1,116, 991.16 to improve certain
streets within the area proposed for annexation by the City of Yakima; and
Whereas, Yakima County requested the Yakima County Boundary Review
Board to review the proposed annexation to consider economic concerns the
County had regarding its ability to service debt incurred by the County to
improve certain streets within the proposed annexation area; and
Whereas, the City of Yakima and Yakima County desire to resolve the issues
raised by the County in order to achieve an equitable annexation of the
urbanized 961" Avenue Annexation; and
Whereas the City of Yakima and Yakima County have reached an agreement to
permit the 96th Avenue Annexation to proceed, thus making it unnecessary for
the Yakima County Boundary Review Board to review the proposed annexation..
Now, therefore, the parties hereby agree as follows.
96th Avenue Memorandum 1
of Understanding
The City of Yakima agrees to pay Yakima County the total sum of $586,420.36
for the outstanding debt incurred by Yakima County for completion of streets
within the 96th Avenue Annexation area. The City shall pay this amount to
Yakima County in fifteen annual payments of $39,094.69 each. The first annual
payment of $39,094.69 shall be payable upon the City's receipt of the one-time
road levy revenue transfer that is expected to occur on or about June 30, 2006.
Thereafter, the City shall pay to Yakima County $39,094.69 annually, said
payments to be due on June 30 of each year for fourteen years, and to terminate
on June 30, 2020.
In exchange for the City's agreement to pay Yakima County the total sum of
$586,420.36 as described in the preceding paragraph, Yakima County agrees to
withdraw its request for review of the proposed 96th Avenue Annexation by the
Yakima County Boundary Review Board, thereby enabling the City to proceed
with annexation in 2006.
As a further result of the terms of this agreement the parties commit to work
together to establish a mutually beneficial framework of cooperation and future
understandings by which further urban growth, annexations and uniform
development standards can occur within the Yakima Urban Growth Area to serve
the best interests of the citizens of the City of Yakima and Yakima County.
This Agreement of Understanding is effective upon signature by the parties
hereto.
Dated this day of January 2006.
David Edler, Mayor
City of Yakima CITY CONTRAC r NO: ,-Z0/4—dam
RESOLUTION NO. %t11te.:p1
96(11 Avenue Memorandum 2
of Understanding
sse Palacios, Chair
akima County Commissioner
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96th Avenue
Annexation
Proposed
Annexation
Area
10,2=01,0 Yakima City Limits
11=1 Urban Service Area
Urban Reserve
Growth Boundary
Annexation Area
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Created: January 12, 2006
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. l 3
For Meeting Of: January 17. 2006
ITEM TITLE: The 96th Avenue Annexation; A) Resolution authorizing the Mayor to sign the
attached Memorandum of Understanding, and B) Set January 27th, 2006 at 4:00 pm as the
date and time for a special public hearing to consider adoption of an Ordinance approving the
96th Avenue Annexation.
SUBMITTED BY: William Cook, Director, Community & Economic Development
CONTACT PERSON / TELEPHONE: Bruce Benson, Supervising Planner, 575-6042
SUMMARY EXPLANATION:
Upon the approval of the attached Memorandum of Understanding, Yakima County has
agreed to withdraw their request for the Boundary Review Board to invoke jurisdiction upon
this annexation. With this action there is no longer any impediment to prevent the City from
proceeding with this annexation. Consequently, you are being requested to take action on
Items A and B shown above.
Resolution X Ordinance Contract Other X (Specify) Mao, Memorandum of Understanding
Funding Source Future income from one-time County Road Tax revenue ($103,000) and
future property tax revenue from this area over the next 15 years (estimated annual property
tax revenue is $205,000 for 2007)
APPROVED FOR SUBMITTAL: --<-
City Manager
STAFF RECOMMENDATION: A) Approve the Resolution authorizing the Mayor to sign the
attached Memorandum of Understanding and B) set Friday, January 27, 2006 at 4:00 p.m. as
the date of a special public hearing to consider the 96th Avenue Annexation.
BOARD RECOMMENDATION: The City Council Intergovernmental Committee (Edger, McClure,
and Johnson) and City management met with Yakima County officials on Thursday, January 12,
to address this matter. A compromise agreement was negotiated for the annexation to
proceed. Based on the tentative agreement reached at this meeting, the City Council
Intergovernmental Committee recommends the execution of the Memorandum of
Understanding between the City and the County, as well as setting a date of public hearing on
the proposed annexation.
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2006-07
BEFORE THE CITY COUNCIL OF THE CITY OF YAKIMA
IN THE MATTER OF THE PETITION FOR
THE ANNEXATION OF THE PROPERTY
DESCRIBED BELOW
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PUBLIC HEARING NOTICE
FOR THE 96th AVENUE
ANNEXATION
NOTICE IS HEREBY GIVEN that a petition has been filed for the annexation to the City of
Yakima of certain property contiguous to the present boundaries of said City and more
particularly described in the legal description, in Yakima County, Washington, to wit:
LEGAL DESCRIPTION FOR THE
NINETY-SIXTH AVENUE ANNEXATION
ALL THOSE PORTIONS OF SECTIONS 19 AND 30 IN TOWNSHIP 13 NORTH, RANGE 18 EAST,
W.M. AND SECTIONS 24 AND 25 IN TOWNSHIP 13 NORTH, RANGE 17 EAST, W.M. BEING
DESCRIBED AS FOLLOWS: BEGINNING AT A POINT ALONG THE CITY LIMITS OF THE CITY OF
YAKIMA, SAID POINT BEING THE NORTHWEST CORNER OF SOUTHEAST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 30; THENCE NORTHERLY ALONG THE NORTH / SOUTH
CENTERLINE OF THE NORTHWEST QUARTER OF SECTION 30 TO A POINT 1066.25 FEET SOUTH
OF THE NORTH SECTION LINE OF SECTION 30; THENCE WEST 30 FEET PARALLEL WITH THE
EAST / WEST SUBDIVISION LINE, THENCE NORTH PARALLEL WITH THE NORTH / SOUTH
SUBDIVISION LINE OF SECTION 30 TO THE POINT OF INTERSECTION WITH THE SOUTH LINE OF
THE YAKIMA VALLEY CANAL; THENCE WESTERLY ALONG THE SOUTH LINE OF THE YAKIMA
VALLEY CANAL TO THE SOUTH RIGHT-OF-WAY LINE OF TIETON DRIVE; THENCE WESTERLY
ALONG SAID RIGHT-OF-WAY TO THE EASTERN RIGHT-OF-WAY LINE OF S 96TH AVENUE;
THENCE SOUTH 350 FEET ALONG THE EASTERN RIGHT-OF-WAY LINE OF S. 96TH AVENUE;
THENCE WEST PARALLEL TO THE EAST / WEST SUBDIVISION LINE TO THE WESTERN RIGHT-
OF-WAY LINE OF S. 96TH AVENUE; THENCE NORTH ALONG THE WESTERN RIGHT-OF-WAY
LINE OF S. 96TH TO THE SOUTHERN RIGHT-OF-WAY LINE OF TIETON DRIVE; THENCE WEST
350 FEET ALONG THE SOUTHERN RIGHT-OF-WAY LINE OF TIETON DRIVE; THENCE NORTH
PARALLEL TO THE NORTH/SOUTH SUBDIVISION LINE TO THE NORTHERN RIGHT-OF-WAY LINE
OF TIETON DRIVE; THENCE EAST ALONG THE NORTHERN RIGHT-OF-WAY LINE OF TIETON
DRIVE TO THE WESTERN RIGHT-OF-WAY LINE OF S. 96TH AVENUE; THENCE NORTHERLY
ALONG SAID RIGHT-OF-WAY LINE THE NORTHERN RIGHT-OF-WAY LINE OF SUMMITVIEW
AVENUE; THENCE EASTERLY ALONG SAID RIGHT-OF-WAY LINE TO THE SECTION LINE
DIVIDING SECTIONS 19 AND 24; THENCE NORTHERLY ALONG SAID SECTION LINE TO A POINT
250 FEET SOUTH OF THE NORTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE
NORTHWEST QUARTER OF SECTION 19; THENCE NORTH 89° 33' EAST TO THE CENTERLINE OF
THE VACATED TIETON CANAL RIGHT-OF-WAY; THENCE FOLLOWING THE CENTERLINE OF THE
VACATED TIETON CANAL IN A GENERALLY NORTHEASTERLY DIRECTION TO THE POINT OF
INTERSECTION WITH THE CITY LIMITS OF THE CITY OF YAKIMA; THENCE CONTINUING
GENERALLY SOUTHERLY ALONG THE WESTERN CITY LIMITS AS ESTABLISHED BY CITY
ANNEXATION ORDINANCES 2005-28, 2001-46 AND 2004-4 TO THE POINT OF BEGINNING.
and that a public hearing will be held on such petition on Friday, January 27, 2006, at
4:00 p.m., in the Council Chambers in the City Hall at 129 North 2nd Street, Yakima, Yakima
County, Washington, being the meeting place of the City Council, and that all interested
persons are invited to attend such public hearing and voice their approval or disapproval of the
annexation petitioned for.
DATED this 13th day of January, 2006.
Karen S. Roberts
City Clerk