HomeMy WebLinkAboutR-1992-D6125 Irrigation District No. 757D 6 1 2, 5
RESOLUTION NO.
A RESOLUTION OF THE CITY COUNCIL OF YAKIMA,
WASHINGTON, DISSOLVING IRRIGATION DISTRICT
NO.757 AND PROVIDING FOR THE DISPOSITION OF
ALL ASSETS OF THE IRRIGATION DISTRICT.
WHEREAS, Irrigation DistIrict No. 757 (the "Irrigation
District") is an assessment district formed by the City of Yakima
(the "City") pursuant to RCW 35.92.220 to provide irrigation
service within its area; and
WHEREAS, Mr. Gary Lukehart, Mr. Pleas Green and Mr. Leon
Wells (the "Property Owners") have purchased all property within
the Irrigation Di,-trict and wish to abandon the irrigation system
therei now op(- -d by the City; and
WHEREAS, 1., ?roperty Owners have requested that the City
dissolve the 1!—gation District, serve thy area within the
Irrigation District from the City's water utility and refund to
the Property Owners the remaining cash balance held by the City
with respect to the Irrigation District; and
WHEREAS, the City Council finds that it is in the best
interest of --the City, that the irrigation District be dissolved
an that its physical assets be transferred to the City's water
utiiit\; and
WHEREAS, RCW 35.92.260 together with RCW 35.45.090 authorize
the City to refund the Irrigation District's remaining cash
balance, if not needed for paying the City's cost of improvements
in the Irrigation District, to the payers into such fund; and
WHEREAS, the City Council finds that the remaining cash
balance of the Irrigation District is not needed for paying any
City costs of improvements in the Irrigation District and may
therefore be paid to the current owners of all property within
the irrigation District; and
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF YAKIMA
as follows:
Section 1. Findings. The City Council hereby finds and
declares as fol ows:
(a) The Property Owners have purchased all of the property
within the Irrigation District, have abandoned the use of any
facilities of the Irrigation District, and have requested that
the Irrigation District be dissolved;
y
(b) It is in the test interest of the City that the
Irrigation District be dissolved, that property within the
Irrigation District be served by the City's water utility, and
that all physical assets of the Irrigation District be
transferredto the City's water utility;
(c) The remaining cash balance of the Irrigation District is
not needed for paying any City costs of improvements or
maintenance and operation costs in the Irrigation District; and
(d) The current owners of all property within the Irrigation
District, are therefore the successor in interest •to all previous
payers into the fund for improvements within the Irrigation
District.
Section 2. Dissolution of the irrigation District and
Disposition of Its Assets. The City Council hereby terminates
and dissolves Irrigation District No. 757.
Assets of the Irrigation District shall be disposed as
follows:
(a) All physical assets of the Irrigation District,
including but not limited to an irrigation pump, are hereby
transferred to the water utility of the City; and
(b) The City Treasurer is hereby authorized to pay to the
PropErly Owners the amount of any funds that remain in the
accof the Irrigation District after payment of all
outstanding costs chargeable against such account.
Section 3. Prior Acts. All acts taken pursuant to the
authority of this resolution but prior to its effective date are
hereby ratified and confirmed.
Section 4. Effective Date of Resolution. This resolution
shall be in fun force and effect upon its adoption by the City
Council and approval by the Mayor.
he City Council at a regular meeting held this
1992.
ATTEST:
City Clerk
Mayor
PERSONAL CONSULTING SERVICES AGREEMENT
This agreement, entered into this day o ,
1992, between the City of Yakima, whose address i 129 North 2nd
Street, Yakima, Washington, 98901 (hereinafter "City") and Tinia
Hansen, whose address is 105 North 68th Place, Yakima, Washington,
98908 (hereinafter "Hansen").
WHEREAS, in compliance with the City's Motor Vehicle Accident
Review Program, all City employees are required to attend a defen-
sive driving course in order to make better and safer drivers and
thereby reduce motor vehicle accidents; and
WHEREAS, the City needs consulting services to provide in-
structors for the defensive driving courses because the City itself
does not employ any certified defensive driving instructors and
such service is outside the usual course of business of the City;
and
WHEREAS, Tinia Hansen has seven years of experience as a
defensive driving class instructor for the National Safety Council
which includes two years of experience as a defensive driving class
instructor for the Council of Governments and is further certified
as a defensive driving instructor by the National Safety Council
and by the Washington Traffic Safety Commission; and
WHEREAS, the parties hereto intend for Hansen, an independent
contractor, to perform as a defensive driving course instructor for
the City wherein Hansen shall have full control over the manner,
method, and content of said defensive driving course without any
supervision or involvement of the City, subject to the terms and
conditions hereinafter set forth, NOW, THEREFORE, in consideration
of the mutual covenants contained herein, the parties hereto agree
as follows:
1. Duties and Responsibilities. Hansen shall provide certified
defensive driving instruction to City employees. At a minimum,
Hansen shall accomplish the following tasks in order to provide
defensive driving instruction services:
A. Organize, teach, and conduct appropriate instructional
experiences for class participants.
B. Prepare class description and evaluation.
C. Supervise and maintain facilities while being used and
secure at closing.
D. Submit enrollment lists and evaluation forms with invoice
voucher upon completion of each class to the City Person-
nel Office.
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E. Prepare certificates of course completion for each class
participant who qualifies for the senior citizen discount
for automobile insurance.
F. Ensure that the defensive driving course curriculum
includes all of the subject matter customarily presented
in defensive driving courses and required by the National
Safety Council/Washington Traffic Safety Commission.
2. Time of Performance. Hansen shall perform and complete the
services specified in Section 1 of this agreement between June 1,
1992 and December 31, 1992. Hansen agrees to make whatever time
investments are required for the full completion of instruction
projects for which responsibility has been accepted.
3. Consideration. In consideration of the consulting services
provided by Hansen, as specified in Section 1 of this agreement,
the City agrees to pay Hansen a consulting fee in the amount of
$150.00 for each eight-hour defensive driving course taught by
Hansen between June 1, 1992 and December 31, 1992 inclusive. The
City reserves the right to cancel any scheduled class if it deter-
mines that employee participation is insufficient. The City shall
give Hansen reasonable oral notification of any such class cancel-
lations, and Hansen will not receive any fees for cancelled clas-
ses.
4. Independent Contractor. It is agreed and understood that
Hansen is an independent contractor and not an employee of the
City. Hansen shall make no claim of City employment or claim any
related employment benefits from the City including but not limited
to medical benefits, social security, and retirement. Hansen shall
not be subject to the control or direction of City officers or City
employees. Hansen shall use her own equipment, papers, and other
materials to teach the defensive driving course. Except for the
use of a City meeting room, this agreement shall not be performed
by Hansen on City property or with any City facilities whatsoever.
Hansen shall protect, defend, indemnify, and hold the City harmless
from and against any claims, demands, causes of action, liabili-
ties, damages, and injuries arising out of or relating to this
agreement. Hansen shall not in any way represent, obligate, or act
on behalf of the City, contractually, or otherwise.
5. Taxes and Assessments. Hansen shall be solely responsible for
and shall pay all taxes, deductions, and assessments, including but
not limited to, federal income tax, withholding tax, social securi-
ty tax, and other deductions from income which may be required by
law or assessed against either party as a result of this agreement.
In the event the City is assessed a tax or assessment as a result
of this agreement, Hansen shall pay the same before it becomes
due.
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6. Non -Discrimination in Services. Hansen shall not, on the
grounds of race, color, sex, religion, national origin, creed,
marital status, age, or the presence of any sensory, mental, or
physical disability:
A. Deny any individual any services or other benefits pro-
vided under this agreement;
B. Provide any service(s) or other benefits to an individual
which are different or are provided in a different man-
ner, from those provided to others under this agreement;
C. Subject an individual to segregation or separate treat-
ment in any manner related to his/her receipt of any ser-
vice(s) or other benefits provided under this agreement;
or
D. Deny any individual an opportunity to participate in any
program provided by this agreement through the provision
service(s) or otherwise, or afford him/her an opportunity
to do so which is different from that afforded others
under this agreement.
7. Integration. This written document constitutes the entire
agreement between the parties hereto. No changes or additions to
this agreement shall be valid or binding upon either party unless
such change or addition be in writing and executed by both par-
ties.
8. Assignment. Hansen shall not assign this agreement to any
other person or entity without the prior written consent of the
City. In the event that such prior written consent to an assign-
ment is granted, then the assignee shall assume all duties, obliga-
tions, and liabilities of Hansen.
9. Termination. If Hansen fails to comply with any of the terms
and conditions of this agreement in such a manner that the City
Director of Personnel deems that the continuation of this agreement
is no longer in the best interest of the City, said Director of
Personnel may terminate this agreement upon five (5) days written
notice to Hansen. This agreement may also be terminated with or
without cause by either party upon two (2) weeks written notice to
the other party. In the event that this agreement is terminated as
provided herein, Hansen shall be paid for all services provided up
to the date of termination, and such payment shall be deemed to be
payment in full as required by this agreement.
10. Notices. Except as provided in Section 3 above, all notices
and demands shall be in writing and sent to the parties hereto at
their addresses as follows:
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To Client:
To Hansen:
City of Yakima
City Hall
129 North 2nd Street
Yakima, Washington, 98901
Tinia Hansen
105 North 68th Place
Yakima, WA 98908
or to such addresses as the parties may hereafter designate in
writing. Notices and demands shall be sent by registered or certi-
fied mail, postage prepaid. Such notices shall be deemed effective
when mailed or hand -delivered at the addresses specified above.
11. Litigation. In the event that any suit or action is insti-
tuted by either party to enforce compliance with or interpret any
of the terms, convenants, or conditions of this Agreement, the
prevailing party shall be entitled to collect, in addition to
necessary court costs, such sums as the court may adjudge as rea-
sonable attorney fees. The venue for any action to enforce or
interpret this Agreement shall lie in the Superior Court of Wash-
ington for Yakima County, Washington.
CITY OF YAKIMA, WASHINGTON TINIA HANSEN, Independent Contractor
By
City
ATTEST:
By
DATED:
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By
DATED:
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