HomeMy WebLinkAbout06/21/2011 23 2008 Downtown Yakima Business Improvement District Disestablishment • BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 2 -3
For Meeting Of June 21, 2011
ITEM TITLE: Legislation disestablishing the 2008 Downtown Yakima Business Improvement
District on its third anniversary in accord with the terms of Ordinance 2008 -41 and
the specific direction from the Yakima City Council following the June 7 public
hearing held to consider said disestablishment.
SUBMITTED BY: Jeff Cutter, City Attorney
CONTACT PERSON/TELEPHONE: Jeff Cutter - 575 -6030
SUMMARY EXPLANATION: On June 7 2011 the City Council held a public hearing, as
required by RCW 35.87A.180, to consider the disestablishment of the 2008 Downtown Yakima
Business Improvement District (DYBID). Following the public hearing, and consistent with the
terms of Ordinance 2008 -41 (2008 DYBID), the City Council directed that appropriate legislation
be prepared to disestablish the DYBID upon its third anniversary date of September 8, 2011. The
ordinance necessary to carry out that directive is attached hereto for Council consideration and
AI enactment.
Upon disestablishment of the DYBID on September 8 2011 no further assessments shall be
imposed upon the business operators and owners within the District as previously established.
When the proceeds of the assessments due and owing prior to the disestablishment are
exhausted in accord with the terms of the DYBID the benefits received through the use of DYBID
assessments shall terminate.
Resolution Ordinance X Contract Other(Specify)
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Consider the legislation presented.
BOARD /COMMISSION /COMMITTEE RECOMMENDATION:
COUNCIL ACTION:
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• ORDINANCE NO. 2011-
AN ORDINANCE of the City of Yakima, Washington, relating to parking and business
improvement areas; disestablishing the 2008 Downtown Yakima
Business Improvement District on September 8, 2011; and terminating
special . assessments heretofore collected for certain uses and projects
within said Downtown Yakima Business Improvement District as . provided
therein.
WHEREAS, on August 6, 2008 the Yakima City Council approved Ordinance 2008 -41,
thereby initiating the Downtown Yakima Business Improvement District (hereafter DYBID); and
WHEREAS, the DYBID established by Ordinance 2008 -41 became effective on
September 8, 2008 and by its specific terms was to be disestablished by Council action on or
before its third anniversary date, occurring on September 8, 2011; and
WHEREAS, in accord with RCW 35.87A.180 and the specific provisions of the 2008
DYBID, on May 17, 2011 the City Council adopted a Resolution setting the date of June 7, 2011
for public hearing to consider the disestablishment of the 2008 DYBID; and
WHEREAS, on June 7, 2011 the Yakima City Council held a public hearing for the
consideration of the disestablishment of the 2008 DYBID, in accord with statutory requirements;
and
110 WHEREAS, having held the required public hearing the Yakima City Council has
d etermined that it shall follow the provisions of the 2008 DYBID and shall disestablish the 2008
DYBID effective September 8, 2011; and
WHEREAS, upon the September 8, 2011 anniversary date, as a result of
disestablishment of the 2008 DYBID, all assessments associated with the 2008 DYBID shall
cease to be assessed and any proceeds of the special assessments or assets acquired with
said proceeds, as well as any liabilities incurred as a result of the formation of the DYBID shall
be subject to disposition as determined by the City Council; and
WHEREAS, any liabilities, current or future, incurred as a result of action taken to
accomplish the purposes of RCW 35.87A.010 shall not be an obligation of the general fund or
any special fund of the City, but shall be provided for entirely from available revenue generated
from the projects or facilities authorized by said statute or from special assessments on the
property specially benefited within the assessment area, Now, Therefore;
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The City of Yakima, Washington (the "City "), hereby disestablishes the 2008
Downtown Yakima Business Improvement District, as provided under RCW 35.87A.180,
thereby terminating collection of special assessments associated therewith as well as the
services provided by said special assessments for properties within the boundaries of the 2008
DYBID.
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Section 2. Upon the effective date of this Ordinance any proceeds collected from the
0 special assessments associated with the disestablished 2008 Downtown Yakima Business
Improvement District shall be applied to the •provision of special services that may be
associated with any new DYBID that may hereafter be formed in accord with RCW 35.87A.
Further, any liabilities, either current or future, incurred as a result of action taken to accomplish
the purposes set forth in the former 2008 DYBID shall not be an obligation of the general fund
or any special fund of the City of Yakima; rather, such liabilities shall be provided for entirely
from available revenue generated from the projects or facilities previously authorized under the
disestablished PBIA or from special assessment on the property specially benefitted within the
area.
Section 3. This ordinance shall become effective on September 8, 2011 so long as that
date is at least thirty days after its passage and publication in accordance with law.
PASSED BY THE CITY COUNCIL this 21 day of June, 2011.
Micah Cawley, Mayor
ATTEST:
City Clerk
Publication date:
Effective date: September 8, 2011
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