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HomeMy WebLinkAbout4617 Resolution - Amendment to ILA with PSD for School Impact Fees Resolution – Amendment to PSD ILA for School Impact Fees - 1 RESOLUTION NO. 4617 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AN AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE PASCO SCHOOL DISTRICT NO. 1 AND THE CITY OF PASCO FOR THE IMPLEMENTATION OF SCHOOL IMPACT FEES. WHEREAS, RCW 39.34, INTERLOCAL COOPERATION ACT, authorizes political subdivisions to jointly exercise their powers, privileges, or authorities with other political subdivisions of this State through the execution of an interlocal cooperative or interagency agreement; and WHEREAS, on March 5, 2012, City Council approved Resolution No. 3379 authorizing an Interlocal Agreement for the implementation of school impact fees with the Pasco School District (PSD); and WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that it is in the best interest of the City of Pasco to enter into an amendment to the interlocal agreement related to the implementation of school impact fees with the Pasco School District No. 1. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council of the City of Pasco approves the terms and conditions of the Amendment to the Interlocal Agreement between the Pasco School District and the City of Pasco; a copy of which is attached hereto and incorporated herein by reference as Exhibit A; and Be It Further Resolved, that the Interim City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to sign and execute said Amendment on behalf of the City of Pasco. Be It Further Resolved, that this Resolution shall take effect immediately. Resolution – Amendment to PSD ILA for School Impact Fees - 2 PASSED by the City Council of the City of Pasco, Washington, on this 16th day of June, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Amendment to Interlocal Agreement between City of Pasco and Pasco School District No. 1 This Amendment to Interlocal Agreement (the “Amendment”) is entered into as of ______________ ___, 2025, to amend that Interlocal Agreement, dated March 13, 2012 (the “Interlocal Agreement”), executed between the City of Pasco (the “City”) and Pasco School District No. 1 (the “District”) WHEREAS, the City collects school impact fees on behalf of the District as authorized under RCW 82.02.050 through 82.02.100 and pursuant to Chapter 3.45 of the Pasco Municipal Code as created by Ordinance 4046 (the “School Impact Fee Ordinance”); and WHEREAS the Interlocal Agreement sets forth the duties and responsibilities of the parties with regard to implementation of the school impact fee program; and WHEREAS, pursuant to the School Impact Fee Ordinance, the District submits an updated Capital Facilities Plan to the City every two years that includes, among other things, the calculation of school impact fees; and WHEREAS, the school impact fees calculated in the District’s updated Capital Facilities Plan serve as a basis for the City’s assessment of school impact fees pursuant to the School Impact Fee Ordinance; and WHEREAS, while the Interlocal Agreement recognizes that the City will modify the school impact fee schedule to reflect the schedule provided in any updated Capital Facilities Plan submitted by the District, a separate section of the Interlocal Agreement specifies certain fee amounts to be collected by the City from residential developers; and WHEREAS, the City and the District wish to amend the Interlocal Agreement to address the internal inconsistency therein and clarify the City’s ability to modify the school impact fee schedule. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED, THE INTERLOCAL AGREEMENT IS AMENDED AND SUPPLEMENTED AS FOLLOWS: SECTION 1. Section 2(H) of the Interlocal Agreement is hereby amended as follows: Collect from developers the school impact fee amount as set forth in the school impact fee schedule adopted by the City. of $4,700 for each single family residence and $4,525 for each multifamily unit, and remit to the District the sum of $4,683 for each single family residence and $4,525 with the difference retained by tThe City may retain a percentage of the school impact fee, not to exceed 5% of the school impact fee amount, to offset the costs Exhibit A of administration of the School Impact Fee program. In the event of an adjustment to the school impact fee, this provision shall likewise be amended by mutual agreement of the parties. SECTION 2. Except as provided above, the Interlocal Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the year and date set forth above. CITY OF PASCO, WASHINGTON PASCO SCHOOL DISTRICT NO. 1 ____________________________ _____________________________ Pete Serrano, Mayor Michelle Whitney, Superintendent Attest: ____________________________ Debby Barham, CMC City Clerk Approved as to Form: ____________________________ Kerr Ferguson Law, PLLC City Attorneys