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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 2 (res dist13.j0 • 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 (agr/firesup.jv) 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. (agr/firesup.jv) • 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 (agr/firesup.3v) 4 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 - .4 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 ^r".C?C. •.. •