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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