HomeMy WebLinkAboutR-1990-D5836 Fire Protection District # 13IY 5836
RESOLUTION NO.
A RESOLUTION authorizing execution of an agreement for fire
suppression and emergency medical services be-
tween City of Yakima, lakima Count', and Yakima
County Fire District #13.
WHEREAS, the City of Yakima will annex the majority of
the area of Yakima County Fire District #13 effective November
1, 1990, leaving a small number of properties within said
District; and
WHEREAS, said District does not have sufficient present
or future revenue to continue its fire suppression and emer-
gency medical service operations to the remaining properties
of aid District; and
WHEREAS, said annexation will cause said District to
become Indebted to the City of Yakima for a portion of its
assets pursuant to the terms of RCW 35.02.200, and
WHEREAS, said District desires to afford continuing fire
suppressio and emergency medical services to the properties
left dthin said District in as good a manner as it once
provided such services, or better, and
WHEREAS, the City of Yakima possesses the equipment and
personnel to provide such emergency medical and fire suppres-
sion services to the remaining properties within said Dis-
t/ict, and
WHEREAS, the Citv of Yakima in the recent past has at-
tempted to annex to the City of Yakima the remaining proper-
ties of District #13 and continues to desire to annex those
properties to the City of Yakima; and
WHEREAS, Yakima County will contract with the City or
other entities to provide fire and emergency medical services
to the Fair Grounds and the County Shops which are located
within said District; and
WHEREAS, Yakima County acknowledges the benefit in having
fire suppression and medical services extended to the unincor-
(res dist13.jv)
i'urated County area by City of Yakima Fire Crews, now, there-
fore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Citv Manager and the City Clerk are hereby authorized
and darected to execute the attached and incorporated "Agree-
ment for Fire Suppression and Emergency Medical Services
Between the City of Yakima, Yakima County, and Yakima County
Fire District #13."
ADOPTED BN THE CITY COUNCIL this -,.150 day of C)C-110/)ej.-
1990.
ATTEST
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AGREEMENT FOR FIRE SUPPRESSION AND EMERGENCY MEDICAL SERVICES
BETWEEN
THE CITY OF YAKIMA, YAKIMA COUNTY, AND
YAKIMA COUNTY FIRE DISTRICT #13
RECITALS
WHEREAS, the City of Yakima will annex the majority of the
area of Yakima County Fire District #13 effective November 1,
1990, leaving a small number of properties within said District;
and,
WHEREAS, said District does not have sufficient present or
future revenue to continue its fire suppression and emergency
medical service operations to the remaining properties of said
District; and,
WHEREAS, said annexation will cause said District to become
indebted to the City of Yakima for a portion of its assets pursu-
ant to the terms of RCW 35.02.200; and,
WHEREAS, said District desires to afford continuing fire
suppression and emergency medical services to the properties left
within said District in as good a manner as it once provided such
services, or better; and,
WHEREAS, the City of Yakima possesses the equipment and
personnel to provide such emergency medical and fire suppression
services to the remaining properties within said District; and,
WHEREAS, the City of Yakima in the recent past has attempted
to annex to the City of Yakima the remaining properties in Yakima
Fire District #13 and continues to desire to annex those proper-
ties to the City of Yakima; and
WHEREAS, Yakima County will contract with the City or other
entities to provide fire and emergency medical services to the
Fair Grounds and the County Shops which are located within said
District; and
WHEREAS, Yakima County acknowledges the benefit in having
fire suppression and medical services extended to, the unincorpo-
rated County area by City of Yakima Fire Crews, now, therefore
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The parties mutually agree as follows:
1. PARTIES: The parties to this Agreement are the City of
Yakima (City), Yakima County Fire District #13 (District), and
Yakima County (County).
2. EFFECTIVE DATE. This Agreement is entered into by and
between the parties on the 30th day of October, 1990.
3. AUTHORITY: This Agreement! is entered into under the
authority of RCW 52.12.031, 35.22.280 and RCW Chapter 39.34.
4. CONSIDERATION: On the effective date of this Agreement,
the City shall provide fire suppression and emergency medical
services to the properties depicted on Exhibit #1, which is at-
tached hereto and incorporated herein by reference as if fully set
forth herein, with the exception of the County Shops and the
County Fair Grounds (subject to the provisions of Clause 7 below),
and as depicted on Exhibit #1, for a period of five (5) years from
the effective date of this Agreement, or until such property is
annexed to the City of Yakima.
As of the effective date of this Agreement, the District will
convey to the City all of its assets, real or personal, of every
nature whatsoever, including all fire trucks, fire equipment, land
and fire stations, credits and accounts with Yakima County, all
taxes collected and heretofore levied and to be collected, and all
assets of every kind and character.
The City agrees that it will pay all indebtedness of every
nature whatsoever of the District, including any obligations
hereafter discovered, and any and all expenses, obligations and
legal fees, or other indebtedness incurred to obtain the dissolu-
tion of the District and during the time dissolution is pending.
The District assures that the total indebtedness of the District
shall not exceed thirty thousand dollars ($30,000)
It is further agreed that if for any reason the court does
not approve the dissolution of the District as set forth in Clause
5 hereof, the City shall reconvey to the District all of the
assets that are conveyed to it pursuant to the terms of this
Agreement less payment of the District's obligations by the City.
5. DISSOLUTION OF THE DISTRICT: On the effective date of
this Agreement, the District shall petition the Yakima County
Superior Court under the authoritylof RCW Chapter 53.48 for disso-
lution of the District. The City, County, and the District shall
mutually use their best efforts to dissolve the District at such
time.
6. OBLIGATIONS OF THE DISTRICT: The City shall perform the
obligations of the District to Yakima County as set forth in that
(agr e up.jv)
2
contract dated December 18, 1975, a copy of which is attached
hereto, marked Exhibit #2, and by this reference made a part
hereof.
7. COUNTY FAIR GROUNDS AND SHOP COMPLEX. On or before
March, 1991, the County shall separately arrange to serve the
County Fair Grounds and Shops as set forth in Exhibit #1, but
until such time as those arrangements are made the City shall
fulfill the obligations of the District to provide fire suppres-
sion and/or medical services to the County Fair Grounds and Shops
as depicted on Exhibit #1 and as agreed to by the District with
the County in the contract of December 18, 1975, Exhibit #2.
Unless extended by the City and County, the Agreement marked
Exhibit #2 shall terminate on March 1, 1991.
8. BENEFITS: This Agreement is entered into for the bene-
fit of the parties to this Agreement only and shall not confer any
rights or benefits, direct or implied, on any third person, indi-
vidually or as a class.
9. MUTUAL AID Any mutual aid or dispatch agreements
whereby the City formally agreed to aid and assist the District in
fire suppression, fire prevention or emergency medical service are
hereby terminated. The City shall, upon the effective date of
this Agreement, release the District from any obligations to pay
for dispatch services.
10. BREACH: In the event of breach of this Agreement,
either party may seek specific performance against the other party
in addition to damages. Venue shall be in the Yakima County
Superior Court.
11. NOTICES: All notices, requests, demands and other
communications required by this Agreement shall be in writing to
the addresses written below and the undersigned official and,
except as expressly provided otherwise in this Agreement, shall be
deemed to have been given at the time of delivery if personally
delivered or at the time of mailing if mailed by first class,
postage prepaid and addressed to the party at its address as
stated in this Agreement, or at such address as either party may
designate at any time in writing.
12. ENTIRE AGREEMENT: This writing constitutes the entire
Agreement between the parties.
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CITY OF YAKIMA
By:
Attest:
ity Clerk
Address: City Hall
129 No. Second Street
Yakima, WA 98901
C17; CONT'(T eit_p_11.1.22-58 3(7
Address: Yakima Co. Courthouse
128 No. Second Street
Yakima, WA 98901
YAKIMA COUNTY FIRE PROTECTION
DISTRICT #13
Commissioner
Address: 1212 East Race Street
Yakima, Washington
98901
Address: 615 South 13th Street
Yakima, Washington 98901
Address. 1304 South 18th Street
Yakima, Washington 98901
YAKIMA COUNTY
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EXHIBIT '
UNINCORPORATED PROPERTIES
REMAINING IN FIRE DISTRICT 13
COUNTY SHOPS &
FAIRGROUNDS
OTHER UNINCORPORATED
PROPERTIES IN FD 13
EXHIBIT 2
FIRE P 0..ECTION SERVICE CONZRACT
THIS CONTRA& is entered into by and between Yakima County
(hereinafter referred to as County)' and Yakima County Fire Protection
District No. 13 (hereinafter referred to as District).
WITJESSETH:
WHEREAS, the County desires to cngage the D
its profcssionci1 capabilities and experience in fire
vide fire protection services for the County's prope
boundary of the Di t ict and;
strict, because of
protection, to pro-
ty within the
WHEREAS, Section 52.36.020 of the Revised Code of Washington
provides for the County to contract with the District for fire protec-
tion services, and;
WHEREAS, steps toward implementing this statutory obligation
originated in 1974 and implementation has been the subject of research,
meetings, asessmerits, negotiations and contract preparations since that
time, and;
WHEREAS, the Board of County Commissioners has the power to
furnish upon such terms as it nay deem proper, with or without considera-
tion, financial assistance to fire protection districts for the purpose
of implementing fire protection services by virtue of RCW 36.32.470, and;
wHEREAS, the Board of County Comrnissioners is desirous of ful
filling its statutory obligation for fire protection services rendered
for the ':alendar year 1975 and thereafter by reimbursement in the amount
it finds reasonable in accordance with the terms of this contract;
NO;I, THEREFORE, in accomplishment of such purpose and in mutual
consideration of the County paying a sum certain and the District ful-
filling its responsibilities. it is hereby agreed as follows:
A. THE COUNTY AGREES TO:
1. Pay from its current expense fund budget to the District
for fire protection services the annual sum of one dollar ($1.00) per
page 1 of 4 pages
each thousand cluliar ($1 310) value cf its Luildings and affixed equip-
ment not leased to a nontax exempt person or organization within the
boundary of the District as appraised by, and shown on the official
roles of, the Yakima County Assessor and incorporated herein by this
reference as Exhibit A.
2. Pay the amount owing for fire protection services hereunder
on or before the last day of the expiration of the calendar year for
which serviccs are provided.
3. Cooperate with officials of the District in regard to fire
protection.
B. THE DISTRICT AGREES TO:
1. Provide personnel employed by the District for fire protec-
tion services to all County property within the boundary of the District.
2. Inspect and test County building and equipment fire protec-
tion facilities as required and make recommendations to improve fire
protection measures.
3. Provide back-up facilities and personne1 as required to
assist in response to fire alarms.
C. IT IS MUTUALLY AGREED THAT:
The uuration of this contract shall be for the calendar
year 1975, e;,cept that this contract shall be renewed on an annual
basis beginning with each January first unless otherwise terminated or
modified.
2. The County and District shall each designate one person,
both of whom then shall constitute the joint board for implementation
and proper administration of this contract and the accomplishment of the
purposes set forth herein The joint hoard may refer - --.1._.)ems of imple
mentation to the governing body of the County and the District for resol-
utions if necessary. A designee may be named to serve on more than one
such joint board.
3. Modification of this contract may be accomplished by writ -
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page 2 of 4 pages
ten agreement between the County and the District and no oral understand-
ings or agreements in relation to this contract all have any effect.
4. Termination of this contract by eitheriparty may be accom-
plished upon thirty (30) days written notice establishing that the pur-
pose stated in the preamble of this contract has become inapplicable or
that the terms hereof have not been substantially complied with.
5. The County and the District shall each perform all services
and carry out responsibilities under the terras of this agreement as
independent agencies and neither shall by virtue of this agreement be
considered an agent or agency of the other. The District agrees that the
County shall not be responsible for dapages resulting to third parties
from the negligence or other wrongful act of the District or its employ-
ees.
6. It is not anticipated that any real or personal property
will be purchased or acquired by either party solely because of this
agreement.
7. Yakima County is an Equal Opportunity Employer.
IN WITNESS WlIEREOF, the parties have executed this contract to
become effective pursuant to appropriate action by the governing bodies
of the County and District on date of last required signature as
follows:
IIIAr74
Chai m oard of Yakima County Dated
-
Commissioners
commissioner, Board of Yakima County Dated
sionerq
L
74
sioner, J3oard of Yakima County Dated
Commissioners
page 3 of 4 rages
cominissioner, Yakuna County Fire Protec- Dated
tion District No. 13
Commissioner Yakima County Fire Protec-
tion District No. 13
Cornmissioner, Ya a County
tion Distric
No.
Dated
P o c- Dated
page 4 of 4 pages
EXNIBIT "A"
Valuation of Yakima County property for purpose of computing
amount payable annually pursuant to attached Fire Protection Service
Contract between Yakima County and Yakima County Fire Protection Dist-
rict !Io. 13
Fairgrounds $11202,545.00
Valuation of June, 1975: County Shop $320 120.00
Fairgrounds $1,282.55
Payment: County Shop $32U.12
TOTAL $1,610.67
BALANCE OF FIRE DISTRICT NO 13
191329-24425 GEYER WALTER J 452-7232
1607 E NOE HILL BLVD 'KIMA 98901
;,91329-29926 TPIEDULET HOMER L 952-8967
1610 DALTON LN :AKI"A 99901
191329-24420 TPIEOULET RAY E ET AL 453-8103
1609 E NOB HILL BLVD YAKIMA 9890!
5ITU5 ADDRESS — 1611 E NOE HILL B UD
191329-24429 SWOPE, JAMES W
6510 SANACHE RD, MOXEE CITY 99936
SITUS ADDRESS — 1702 DALTON LN
457 -se44
191329-24430 SWOPE, JAMES W 457-6844
6510 GANACHE RD, MOXEE CITY 98936
SITUS ADDRESS — 1'04 DALTON LN
1913
TRIBOULET RAYMOND E ET AL
2609 E NOE HILL BLVD YAKIMA 98901
SITUS ADOPESS — 103 E NOE HILL BLVD
191329-24438 ROPR ON RDY EDGAR
1213 S 18TH ST cAKINA 98901
5ITUS ADDRESS — 1202 S 1BTH ST
453-6103
457-8555
191329-29439 GILEPEATH OD 457-8
1202 5 18TH ST 1hIMA 98901
191329-24490 ACME AUTO WRECKING INC 249-52
141" E NOE HILL BLVD KII98901
191329-24441 TRIBOULET RAYMOND E ETUX 453-8103
1609 E NOB HILL BLVD YAKIMA 98901
SITUS ADDRESS — 1609 E NOE HILL BLVD
191329-24442 TRIEOULET RAYMOND E ETUX 453-6103
1609 E NOB HILL ELVR YAKIMA 98901
SITUS ADDRESS — 1609 E NOB HILL BLVD
191329-24401 MURPHY, ROBERT H it MILDRED E 965-9889
209 N 42ND AVE, ‘fAKIMA 98908
SITUS ADDRESS — 1206 5 18TH 5T
191329-24404 CARSON, ALLENE R 453-8056
1519 E NOB HILL BLVD, YAKIMA 96901
2 2 405 RIEBE, ADA A
1503 E NOB HILL BLVD YAKIMA
96901
457-4147
191329-24422 McGUFFEY EDGAR & OPAL
1917 RIVERSIDE, aKimA 9890.
S1TUS ADDRESS - 1505 DALTON LN
191329-24424 MOCK MELVIN ETAT._
3402 FPU!TVALE ELVD, YAKIMA 98902
NAnE NC'ES - MELVIN MOCK ETAL
ROGER SAUVE ETUX
CARL JENNER.TO ETU
5:7US A=DRESS - 1601 DALTON LN
191329-41401
'Pl29-41902
19132S -4140E
191329-41409
SOUTH OF NOT HILL E. EAST OF 1-82
RIVERS EDGE PLAZA ASSOC
ATTN CONCORD ASSETS CORP
5200 TOWN Crn-F CIR
EOCA PATDN FL 33486
SITUS ACCREE5 - NO;- FILL ELL 7 I-8,
PA:N1ER 0EVFL7IPEMENT CO
415 N 15T 5T (AKIMA sesc_
cl-ruc P77RE5c -. FRONTASE RD 'JOE HILL
RAINIr? ELJELDPE ENT 07
415 N 5T ST AKIN99901
SITU A0P'77.7 FROTAflF RD VInIA
PAI%1FR 7FVFInPFrIFNT CD
41c N 1ST 5T rK1t 9801
c:- P7npE55 - ,DrirArzF Rn VIOLA
452-341B
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