HomeMy WebLinkAbout07012009 Franklin Co Rural County Funds A Street Right of Way FRANKLIN COUNTY RESOLUTION NO. 9 �' H b
BEFORE THE BOARD OF COMMISSIONERS OF FRANKLIN COUNTY,WASHINGTON
RE: INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITY OF PASCO AND
FRANKLIN COUNTY FOR DISBURSAL OF RURAL COUNTY FUNDS, PURSUANT TO
RCW 8214.370, TO FUND THE COMPLETION OF THE EAST "A" STREET RIGHT-OF-
WAY ACQUISITION PROJECT
WHEREAS, Franklin County imposed a sales and use tax of 0.09% for the purpose of financing public
facilities in the County,pursuant to Ordinance 4-2007; and
WHEREAS, Franklin County consulted with cities, towns and port districts within the County regarding the
use of tax proceeds; and
WHEREAS, a County advisory committee convened and reviewed fourteen (14) requests for allocations of
tax proceeds and recommended three(3)proposals; and
WHEREAS, the completion of the East "A" Street right-of-way acquisition project was one of the
recommended proposals; and
WHEREAS, Franklin County and the City of Pasco determined it is in the best interest of each jurisdiction to
cooperate in disbursing tax proceeds;and
WHEREAS, Franklin County desires to allocate $50,000 of grant funding from rural county(0.09%) capital
projects grant proceeds to the City of Pasco to acquire the necessary right-of-way along the south line of East
"A"Street to accommodate widening of said street via Local Improvement District(LID) Projects;and
WHEREAS, pursuant to RCW 36.01.010 and RCW 36.32.120 the legislative authority of each county is
authorized to enter into contracts on behalf of the County and have the care of County property and
management of County funds and business;and
WHEREAS, the Board of Franklin County Commissioners constitutes the legislative authority of Franklin
County and desires to enter into the attached agreement as being in the best interest of Franklin County;
NOW, THEREFORE, BE IT RESOLVED the Franklin County Board of Commissioners, hereby approves
the attached Interlocal Cooperative Agreement between the City of Pasco and Franklin County for disbursal of
rural county funds, pursuant to RCW 82.14.370, to fund the completion of the East "A" Street right-of-way
acquisition project,and authorizes the Chairman to sign said agreement on behalf of the Board.
APPROVED this 1 st day of July, 2009.
BOARD OF COUNTY COMMISSIONERS
FRANKLIN COUNTY,WASHINGTON
Rick Mil er,Chairman
Attest: Ro E. Koch, Pro Tem
Clerk to e Board Brad Peck,Member
Originals: Auditor cc: Franklin County Prosecutor
City of Pasco County Administrator
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INTERLOCAL COOPERATIVE AGREEMENT BETWEEN THE CITY
OF PASCO, WASHINGTON, AND FRANKLIN COUNTY,
WASHINGTON, FOR DISBURSAL OF RURAL COUNTY FUNDS
PURSUANT TO RCW 82.14.370
0
THIS INTERLOCAL COOPERATIVE AGREEMENT is entered into this day of
2009, between the City of Pasco, a Washington municipal corporation (the
"Recipient"), and Franklin County, Washington (the "County").
WHEREAS, the County is authorized by RCW 82.14.370 and Laws of 1999, chapter 311
(collectively, the "Act") to impose a sales and use tax not to exceed nine one-hundredths of one
percent (0.09%) for the purpose of financing public facilities in the County (the "Tax"); and
WHEREAS, the County imposed the Tax at the maximum statutory rate pursuant to
Ordinance No.4-2007, adopted by the Board of County Commissioners on July 2, 2007; and
WHEREAS, the Act authorizes the County to deduct the amount of the Tax from the
amount of tax otherwise required to be collected or paid over to the Department of Revenue
under chapter 82.08 or 82.12 RCW; and
WHEREAS, the County has relied on the Legislature's express intent that the County
impose the Tax and use it to finance public facilities for not longer than 25 years to promote the
ongoing operation and expansion of business in rural distressed areas, to attract new businesses
to rural distressed areas, to assist in the development of new businesses from within rural
distressed areas, to provide family wage jobs to the citizens of rural distressed areas and to
promote the development of communities of excellence in rural distressed areas; and
WHEREAS, the County has consulted with cities, towns and port districts within the
County regarding the use of Tax proceeds; and
WHEREAS, an advisory committee appointed by the County convened and reviewed
fourteen (14) requests for allocations of Tax proceeds, the aggregate sum of which was
$13,565,000; and
WHEREAS, the advisory committee has recommended three (3) proposals for funding
totaling 5250,000; and
WHEREAS, the advisory committee has recommended the specific proposal of the
Recipient described herein for funding totaling $50,000; and
WHEREAS, the Recipient and County, by their respective governing bodies, have
determined that it is in the best interest of each jurisdiction to cooperate in disbursing Tax
proceeds received by the County pursuant to the Act: and
WHEREAS, pursuant to the Interlocal Cooperation Act (chapter 39.34 RCW), the
Recipient and County are authorized to exercise their powers jointly and thereby maximize their
abilities to provide services and facilities which will best fulfill common needs; and
WHEREAS, the Recipient is authorized by chapters 35.22 and 35A.21 RCW to
undertake the Project (as defined in Section 1 of this Agreement); and
WHEREAS, RCW 36.01.085 provides that it shall be a public purpose for all counties to
engage in economic development programs; and
WHEREAS, the Project is included in the County's overall economic plan, as adopted by
Resolution No. 2009-204 of the Board of County Commissioners on June 3, 2009; and
NOW, THEREFORE, in consideration of the mutual covenants contained herein, the
Recipient and the County agree as follows:
Section 1. Purpose.
The purpose of this Agreement is to formalize a commitment whereby the County will
allocate to the Recipient the sum specified in Section 3 hereof, and whereby the Recipient will
complete the Project (as defined below) upon the terms and conditions described herein.
The Recipient will use the Grant Amount (as defined below) and any interest earnings
thereon to fund the completion of the East "A" Street Right-of-Way Acquisition project to
acquire necessary right-of-way along south line of east "A" Street to accommodate widening of
East "A" Street via LID (the"Project").
Section 2. Project Time/Budget.
Work on the Project shall be substantially complete within 12 months from the effective
date of this Agreement. For purposes of RCW 39.34.030(3)(d), the Recipient will establish and
maintain a Project construction budget and, for so long as the Project is owned and operated by
the Recipient, will consider the needs of the Project when preparing the Recipient's annual
operating budget. The Recipient will be responsible for acquiring, holding and disposing of
Project property. Unless otherwise agreed by the parties by subsequent written instrument, the
County shall not own any real or personal property acquired with the Grant proceeds distributed
to the Recipient hereunder.
Section 3. Grant Amount.
The County will transfer to the Recipient the principal amount of $50,000 (the "Grant
Amount"). The Recipient acknowledges that such amount will be derived from rural county
(0.09%) capital projects Grant proceeds. The Recipient will notify the County of any unspent
proceeds of the Grant Amount not later than April 30, 2010, and immediately will return to the
County all proceeds of the Grant Amount that remain unspent as of July 1, 2010.
Section 4. Inspections.
The County may inspect the progress on the Project at reasonable times, and with
reasonable advance notice to the Recipient. The Recipient shall file a report with the County in
January of each year succeeding completion of the Project, for 3 years, reflecting the number of
jobs created and retained as a result of the Project, along with other related information
reasonably required by the County to measure the economic impact of its financial assistance.
The records and documents with respect to all matters covered by this Agreement shall be
subject to inspection by each party during the term of this Agreement and for two years after
Project completion.
Section 5. Force Majeure.
In the event any of the work on the Project is delayed by acts of God, fire, flood or any
other unavoidable casualty including labor strikes or late delivery of materials, the time for
completion of the Project shall be extended for the same period as the delay occasioned by any
of the aforementioned causes.
Section G. Time of Essence.
For the purposes of this Agreement, time is of the essence. Should any dispute arise
concerning the enforcement, breach or interpretation of this Agreement, venue shall be placed in
Franklin County, Washington, and the laws of the State of Washington shall apply.
Section 7. Modification of the Agreement.
This Agreement may be modified only by the written consent of each party.
Section S. No Separate Legal Entity.
It is not the intention that a separate legal entity be established to conduct this cooperative
undertaking. For purposes of RCW 39.34.030(4)(a), the Recipient's chief administrative officer
shall administer the Project.
Section 9. Indemnification of the County.
The Recipient shall at all times protect, indemnify and save harmless the County from
and against all liabilities, obligations, claims, damages, penalties, causes of action, costs and
expenses (including, without limitation, reasonable counsel fees, and expenses) imposed upon or
reasonably incurred by or asserted against the County on account of (i) any failure of the
Recipient to comply with any of the terms of this Agreement or (ii) any loss or damage to real or
personal property or any injury to or death of any person that may be occasioned by any cause
whatsoever pertaining to the Project or the use or financing thereof or (iii) any use of the Project
in violation of applicable law (including environmental laws); provided, the Recipient has no
obligation to indemnify the County for any claim. or liability resulting from the County's
negligence or willful misconduct.
Section 10. Severability.
In the event any term or condition of this Agreement or application thereof to any person,
entity or circumstance is held invalid, such invalidity shall not effect any other terms, conditions
or applications of this Agreement which can be given effect without the invalid term, condition,
or application. To this end, the terms and conditions of this Agreement are declared severable.
Section 11. Term of Agreement and Termination.
This Agreement shall become effective on full execution hereof, and shall expire upon
the completion of the Project. Upon the termination of this Agreement, all property acquired by
the Recipient using the Grant Amount shall remain Recipient's property, with no obligation to
pay the County therefor.
Section 12. Survival.
Sections 4 and 9 of this Agreement shall survive the termination of this Agreement.
IN WITNESS WHEREOF, the parties have signed this Agreement as of this �day of
2009.
RECIPIENT: CITY OF PASCO,, WASHINGTON
By: /�✓
Title: Joyce Olson, Mayor
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Attest:
By:
Title: Debra L. Clark, Clerk
COUNTY: FRANKLIN OUNTY, WASHINGTON
By:
Title: Rick Miller, Chairman
Board of County Commissioners
Attest:
By: Z�L
Title: Mary Vhhers, Clerk
Board of County Commissioners
Approved as to Form:
431 01Q)
Ryan E. Verhulp
Chief Civil Deputy Prosecutor
STATE OF WASHINGTON )
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COUNTY OF FRANKLIN )
l certify that I kno or have satisfactory evidence that IRA 4
and IU r�►rG� C 1rc �' are the persons who appeared before me, and said persons
acknowledged that said persons signed this instrument, on oath st70,r d that said persons were
authorized to execute the instrument and acknowledged it as the Ma eancrClerk, respectively,
of the City of Pasco, a municipal corporation of the State of Washington, to be the free and
voluntary act of such municipal corporation for the uses and purposes mentioned in the
instrument.
Dated this i " <�, �— 2009.
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COUNTY OF FRANKLIN )
I certify that I know or have satisfactory evidence that
and are the persons who appeared before me, and said persons
acknowledged that said persons signed this instrument, on oath stated that said persons were
authorized to execute the instrument and acknowledged it as the Chairman and Clerk,
respectively, of the Board of County Commissioners of Franklin County, a municipal
corporation of the State of Washington, to be the free and voluntary act of such municipal
corporation for the uses and purposes mentioned in the instrument.
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Dated this _day of _2009.
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Notary Public = �. , .
State of Washington (Legibly Print or Starnp Name or Notary)
P.L. SHUNS = Notary public in and for the State of Washington,residing at
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