Loading...
HomeMy WebLinkAbout02/02/2016 00 Misc Distributed at the MeetingDistributed at the Meeting �3 -A-/ 0 BOARD OF YAKIMA COUNTY COMMISSIONERS ORDINANCE DISSOLVING DRAINAGE ) IMPROVEMENT DISTRICTS Nos. 4,13, 24, ) ORDINANCE 4 -2015 29, 38, 39, 40, 41 and 48 ) TITLE TtJ 0 L��1 An ordinance dissolving Drainage Improvement Districts (DIDs) Nos. 4, 13, 24, 29, 38, 39, 40, 41 and 48. PREAMBLE WHEREAS, Drainage Improvement Districts (DIDs) Nos. 4, 13, 24, 29, 38, 39, 40, 41 and 48 are designated Special Purpose Districts under RCW 36.96 and were created in the early 20th Century pursuant to the provisions of RCW 85 08 and RCW 85.38 for the specific purpose of addressing excess irrigation surface runoff and the lowering of the water table; and, WHEREAS, the conversion of the irrigation systems throughout Yakima County from open ditch to pressurized pipe system in the 1980's and 1990's, and the urbanization and city annexation of former agricultural lands into areas served by city managed stormwater utilities and programs eliminated the purpose of the districts; and, WHEREAS, the service area of each of the nine DIDs that are the subject of this Findings and Ordinance have been annexed into the city limits of either the City of Yakima or the City of Union Gap, or both; and in the case of DID No. 41 a portion has been annexed by the City of Yakima while a portion remains in the county's jurisdiction; and, WHEREAS, the City of Yakima has established a stormwater utility that assess fees for drainage services and does not contribute to the maintenance or operations of any of these nine DIDs; and, WHEREAS, the Washington State Legislature requires at RCW 36.96.040 that on or before June 1 st of every year, each county auditor shall search available records and notify the county legislative authority if any special purpose districts located wholly or partially within the county appear to be inactive; and WHEREAS, on May 22, 2015 the Yakima County Auditor, following review of county records for each of the nine Drainage Improvement Districts (DIDs Nos. 4, 13, 24, 29, 38, 39, 40, 41 and 48) declared that a careful review of the county records indicated that none of these nine DIDs had held independent elections in the past 7 years; and, WHEREAS, the Yakima County Engineer has managed the infrastructure and administration of the nine DID's facilities in a caretaker function for more than the statutory 5 year period of inactivity because none of the nine DIDs has carried out any of the special purposes or functions for which each DID was formed to carry out within the preceding consecutive five -year period, and, Ordinance 4 -2015 Page 1 of 3 WHEREAS, following receipt of the Auditor's Declaration that Board of County Commissioners for Yakima County directed, as required by RCW 36.96.030, that notice of a public hearing to consider finding the nine DIDs to be inactive and subject to dissolution be published in the county's newspaper at least each week for three consecutive weeks on July 2, 9 and Julyl6, 2015, and was posted prominently in three locations in each of the nine DIDs, and, WHEREAS, the SEPA Responsible Official has reviewed the proposed action and determined that this legislative action dissolving the nine inactive Drainage Improvement Districts subject of this ordinance to be Categorically Exempt as a procedural activity under WAC 197 -11- 800(19) (a) through WAC 197 -11- 800(19) (c); and said Responsible Official issued a written Finding of Categorical Exemption (SEPA) on July 9, 2015, and, WHEREAS, a public hearing was held on July 21, 2015 to receive public testimony for or against a fmding that the nine DIDs are Inactive Special Purpose Districts subject to dissolution, and any and all comments have been reviewed and considered; now, therefore, In compliance with RCW 36.96.040, the Board of Yakima County Commissioners hereby makes the following; FINDINGS The Board of Yakima County Commissioners finds. 1 That the dissolution of Drainage Improvement Districts Nos. 4, 13, 24, 29, 38, 39, 40, 41 and 48 is in the public interest and necessary to prevent disparate impacts between county taxpayers and the citizens living in the cities of Yakima and Union Gap who may be subject to double assessments as both DID users as well as residents within the jurisdiction of the city's stormwater utilities and programs. 2 That continuing county management of DID operations for districts that are no longer in the county is contrary to the express intent of the legislature and neither serves the interest of the county's taxpayers nor is it a responsible use of the county's resources. Wherefore, having made the foregoing Findings, it is hereby ordained by the Board of Yakima County Commissioners, State of Washington, as follows: ORDINANCE 1 Drainage Improvement Districts Nos. 4, 13, 24, 29, 38, 39, 40, 41 and 48 are hereby dissolved and shall cease to exist; and the authority and obligation to carry out the purposes for which each DID was created shall cease thirty -one days after adoption of this dissolution ordinance. 2. For the sole and exclusive purpose of winding up the affairs of Drainage Improvement Districts Nos, 4, 13, 24, 29, 38, 39, 40, 41 and 48, the Board of Commissioners, acting as a Ordinance 4 -2015 Page 2 of 3 �.t board of trustees, shall have the same powers and duties that the governing authority of these nine dissolved special purpose district had prior to becoming inactive, which includes the following: a. The authority to exchange, sell, or otherwise dispose of all the property, real and personal, of Drainage Improvement Districts Nos. 4, 13, 24, 29, 38, 39, 40, 41 and 48, b The power to settle all obligations of each of these special purpose in a manner that the Board of Yakima County Commissioners deems best serves the interests of Yakima County citizens. C. Such powers and duties shall commence upon the effective date of dissolution and shall continue thereafter until such time as the affairs of the dissolved special purpose district have been completely wound up The Clerk of the Board is directed to transmit a copy of this Ordinance to the county Auditor and Treasurer. DONE this 181 day of August, 2015 / I C st: Linda Kay O'Hara 4Du eputy le Clerk of the Board �th�tt;tit��� Ordinance 4 -2015 Page 3 of 3 ato J 6#d Elliott, Chairman Michael D Lerta, Commissioner EXCUSED Kevin J Bouchey, Commissioner Constiant/ng the Board of Cownty Commissioners for Yakima County, Washington Distributed at the Meeting, 10 Information supporting neighborhood councils /committees The following are examples of what neighborhood councils /committees can accomplish to help both the neighborhood and the entire City of Yakima. The Barge Chestnut Neighborhood Association has been a part of the following Traffic Control. Working with the City, the BCNA was able to implement traffic calming within the neighborhood. It was discovered there were fewer traffic controls along Chestnut, a designated walking/bicycling street, than on either of the parallel mayor arterials of Tieton or Summitview Many cars traveled Chestnut to avoid the stoplights along those major streets Using the Radar equipment provided by the City, BCNA members discovered that many vehicles were traveling far above posted speed limits within the neighborhood. (One vehicle registered 45 MPH along Chestnut, a posted 20 MPH street.) Through these combined efforts, speed control devices were placed throughout the neighborhood. Working with Memorial Hospital, it was also agreed that, upon completion of the closing of 28`h and 30' Avenues to through traffic, the city would complete addition traffic counts to recognize whether traffic had shifted other neighborhood streets The Hospital requested that a portion of the money paid to close those streets be set aside and used, following the city's processes, for any additional traffic calming devices deemed necessary Institutional Overlav — the City, BCNA and Memorial Hospital helped create an Institutional Overlay that establishes a process whereby large institutions within the City of Yakima will lay out and make known, a long -range plan for their facilities. This allows anyone considering locating near these institutions to be aware of future changes Cell Towers While working with the City, it was discovered there were no real guidelines for locating cell towers within the city limits It was also discovefed that the City did not know how many towers there were, and which companies had placed them. Since then guidelines concerning requests for cell tower placement, locations, screening, etc have been implemented. Billboards While working with the City, it was discovered 60% of the billboards within the city limits did not have permits, including two (2) that were on city property It was also noticed that some were within 300 feet of neighborhoods, contrary to City guidelines Though these remain in place, it is understood all billboards were to be properly permitted. Halloween Working with the City, the BCNA was able to help provide a safer and more pedestrian friendly Halloween within the neighborhood. Each year large numbers of families came to the neighborhood to "trick -or- treat" It became obvious it was very unsafe due to the high volume of cars The Police Department, Streets Department and BCNA members have worked together to keep children safer Downtown The BCNA has stated strong support for a downtown plaza. It is felt that such a gathering place would greatly benefit the entire city Your packet contains a letter stating our position. The BCNA feels that to have a vibrant downtown, there most also be strong neighborhoods around it. These are examples of what a neighborhood council can accomplish. They not only are concerned with their individual neighborhood, but with the city as a whole. Neighborhood councils help provide a contact point for each part of the city This gives residents in each area, which may have different concerns and issues, an organized approach to solving these. It gives them a stronger voice and a representative group that can communicate on their behalf with city officials, as well as the City Council, their elected officials. While creating stronger neighborhoods, these councils will help create a stronger Yakima. The BCNA has, for over 10 years, offered to help any neighborhood wanting to form a council, committee or other like minded organization to help improve their neighborhood, as well as contribute to the betterment of the entire city We encourage the City Council to work toward creating such councils throughout the city of Yakima. One of our members, Anne Knapp, worked with neighborhood councils in Colorado Springs. Included is the website for that organization. It contains great information concerning how this process works in that city Anne has asked that her contact information be included in this message as well. Website for Colorado Springs organization. hqp. / /www.cscono.org/ Anne Knapp akaknapkina,yahoo. corn Thank you for your consideration of this very important project. We hope you will see the importance of such councils, and move forward to help create them. Walt Ranta President Barge - Chestnut Neighborhood Association teachemup(a,charter.net (509) 452 -6897 (509) 952 -5088