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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 APPRO S TO FDRM: ,`„et"t11111iji/i%'i er q•, oolh dam, a�n . NOIS�'��� °�Ulun1►otttis+�`' Deputy Pr`o ecuting Attorney of Yakima County, Washindt • 96th Avenue Annexation Proposed Annexation Area 10,2=01,0 Yakima City Limits 11=1 Urban Service Area Urban Reserve Growth Boundary Annexation Area 01. 1F• Cr.*44 0 04‘ 110 • CP. Scale—lin = 1000ft 01 • 0 0 500 1000 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 ) ) ) 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