HomeMy WebLinkAbout3145 Resolution RESOLUTION NO.� 5
A RESOLUTION ENTERING INTO AN INTERLOCAL AGREEMENT WITH THE PORT
OF PASCO
WHEREAS, the City Council approved a Development Agreement with the Port of
Pasco in February of 2009 affecting lands within the Big Pasco Industrial Center(BPIC); and
WHEREAS, The City leases lands from the Corps of Engineers immediately west of the
BPIC (Boat Basin); and
WHEREAS, Residential properties north of the Boat Basin form an isolated residential
district within a predominantly industrial area;and
WHEREAS, the Port owns lands immediately west of the Boat Basin (Tank Farm
remediation area);and
WHEREAS, the Port of Pasco has engaged in a Master Planning process for the BPIC
and has received a Shoreline Management Permit for a portion of the industrial lands in the BPIC;
and
WHEREAS, Interlocal Agreements are authorized by RCW 39.34 and permit local
governments to enter into agreements within their respective jurisdictions; and
WHEREAS, the proposed Interlocal Agreement provides a framework for a joint
planning effort between the City and the Port and is expected to include an inventory of the
physical conditions of the planning area, a public participation process, recommendations for
preferred land use, options for the financing of public infrastructure and cost sharing of the
planning process; and
WHEREAS, the lands described above form the entire contiguous shoreline east of the
Cable Bridge and west of Sacagawea Park and provide an opportunity for a coordinated effort of
land use, infrastructure and amenity planning; NOW THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
Section 1. That the City Council adopts the Interlocal Agreement affixed as Exhibit"A"
and authorizes the City Manager to sign the Interlocal Agreement.
PASS by the ity Council of the City of Pasco this 16th day of March,2009.
Jo yff e O on, ayor
Sandy L. worthy,Deputy City C1 k
APPROVED I` ORM:
Leland B. Kerr, City Attorney
INTERLOCAL COOPERATIVE PROJECT AGREEMENT BETWEEN
THE PORT OF PASCO AND THE CITY OF PASCO
BY THIS INTERLOCAL COOPERATIVE AGREEMENT, hereinafter
referred to as "Interlocal Agreement," entered into this 2nd day of February, 2009,
the City of Pasco, Washington, a municipal corporation, hereinafter referred to as
the "City", and the Port of Pasco, Washington, a municipal corporation, hereinafter
referred to as the "Port", enter into the following agreement:
WHEREAS, this Interlocal Agreement concerns land use planning and
related issues for property located east of the Cable Bridge and adjacent to the
Columbia River shoreline, in the City, as shown on Exhibit "A". Portions of this
property are owned and controlled by the Port ("Tank Farm"), other portions are
owned and controlled by the City and private owners ("Boat Basin"); and
WHEREAS, the Port has applied for and received a City shoreline
substantial development permit for a proposed Master Plan (SMP 08-001) for the
property as shown in Exhibit "B". The approved Master Plan includes a mix of
land uses and is divided into four general areas: (1) the Riverfront Business Park;
(2) the Expansion Area; (3) the Retention Area; and (4) the Rail/Barge Terminal
Area, NOW, THEREFORE, the parties agree as follows:
Section 1. The Port and the City desire to prepare a subarea plan that will
include the Boat Basin public and private properties and the Tank Farm area. The
subarea planning process is intended to be incorporated into the City's
Comprehensive Plan. It is also intended that the subarea plan will functionally
incorporate and coordinate elements of the existing Port Master Plan (SMP 08-
001) with the Tank Farm and Boat Basin properties. The Port and the City will use
their best efforts to complete the subarea planning process in a manner
acceptable to both parties within two (2) years from the date of this Interlocal
Agreement.
Section 2. The subarea planning process will include (at a minimum): a
statement of the desired results of the planning process, an inventory of existing
physical conditions of the planning area, a public participation component,
identification of preferred land use, a transportation (including bicycle and
pedestrian facilities) and infrastructure element and a capita[ facility element that
will identify preferred financing options. Additional components (design guidelines,
development standards, regulatory and environmental constraints...) are
encouraged.
INTERLOCAL COOPERATIVE PROJECT AGREEMENT- I
Section 3. The Port and the City acknowledge that the planning process will
involve the assistance of a planning consultant, and hereby agree to share the
costs. The City shall contract with the consultant, and will pay 30% of such costs
(not to exceed $15,000.00 total). The Port will pay the remainder, provided the
entire cost shall not exceed $50,000.00. The Port shall reimburse the City for its
respective share of the cost within thirty (30) days of receipt of an invoice.
Section 4. The City and the Port may terminate this Interlocal Agreement
by mutual agreement. In the event the Interlocal Agreement is terminated, both
the City and the Port will receive an electronic and hard copy of all work conducted
up to the termination date.
Section 5. This Interlocal Agreement shall be construed and enforced in
accordance with, and the validity and performance shall be governed by the laws
of the State of Washington. Venue of any suit between the parties arising out of
this Interlocal Agreement shall be the Superior Court for the County of Franklin,
State of Washington.
Section 6. This Interlocal Agreement may be changed, modified, or
amended only upon written agreement executed by the parties.
Section 7. It is not intended that a separate legal entity shall be established
to conduct the cooperative undertaking nor is the acquiring, or holding, or
disposing of real or personal property anticipated. The City Manager and Port
Executive Director are designated as the Administrator of the project.
Section 8. This Interlocal Agreement contains all the terms and conditions
agreed upon by the parties. All items incorporated by reference are attached. No
other understandings, verbal or otherwise, in regard to the subject matter of this
Interlocal Agreement, shall be deemed to exist or to bind any of the parties.
Section 9. This Interlocal Agreement shall be filed or placed on the City's and
the Port's web sites as provided by RCW 39.34.
CITY OF PASCO PORT OF PASCO
By: By:
Gary Crutchfield, City Manager James E. Toomey, Executive Director
INTERLOCAL COOPERATIVE PROJECT AGREEMENT-2