HomeMy WebLinkAbout0995 Resolution• ,1 tea.
RESOLUTION NO. G
A RESOLUTION OF THE CITY OF PASCO AUTHORIZ-
ING THE CITY MANAGER TO SIGN THE SUPPLE-
MENTAL AGREEMENT TO THE CONTRACT BETWEEN
THE CITIES OF PASCO AND KENNEWICK AND THE
WASHINGTON STATE DEPARTMENT OF HIGHWAYS.
WHEREAS, The City has heretofore committed itself to construction of the
Pasco -Kennewick Intercity Bridge Project, and the City is obligated to furnish
local shares for Federal and State matching funds; and
WHEREAS, The State has requested the City to execute the attached Supple-
mental Agreement to demonstrate to the State the Cities' desire and willingness to
furnish said local shares, and the City desiring to do the same; NOW, THEREFORE
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO
Section 1. The City hereby accepts and ratifies the Agreement dated January
23, 1975 wherein the parties were the City of Pasco, City of Kennewick and State
of Washington Highway Department, which authorized the State to advertise for
bids and award a construction contract for the Pasco -Kennewick Intercity Bridge
Proj ec t.
Section 2. The City Manager is hereby authorized to sign the Supplemental
Agreement to the Contract between the Cities of Pasco and Kennewick and, the
Washington State Department of Highways on the Inter -City Bridge Project, and a
copy of said supplemental agreement is attached hereto and by this reference made
a part hereof.
Section 3. This Resolution shall be in full force and effect after its passage
as required by law.
PASSED and APPROVED this day of 1975.
Donald D. Linton, Mayor
Attest:
Leo E. Olney, City Clerk 6_4��X
Approved as to form:
C�_ 2z:aZz
Patrick T. Roach, City Attorney
SUPPLEMENTAL AGREEMENT
THIS SUPPLEMENTAL AGREEMENT, made and entered into this
day of July, 1975, by and between the CITY OF PASCO,
WASHINGTON, and the CITY OF KENNEWICK, WASHINGTON (said cities
being jointly referred to hereinafter at times as the "AGENCY);
and the STATE OF WASHINGTON, acting by and through the Washington
State Highway Commission and the Department of Highways, herein-
after called the "STATE," WITNESSETH:
WHEREAS, the parties hereto entered into an Agreement dated
the 23rd day of January, 1975, providing for the construction of
a new four -lane bridge over the Columbia River between the Cities
of Pasco and Kennewick parallel to the existing Columbia River
Bridge; and
WHEREAS, bids have been received for the construction of the
bridge, the lowest of which reflects a higher construction cost
than set forth in Exhibit "B", "Estimated Construction Cost Summary"
which was made a part of the said Agreement dated January 23,
1975, referred to hereinabove, and that the total amount of local
funds to be provided by the Cities of Pasco and Kennewick and the
Counties of Benton and Franklin is now determined to be $6,8S2,4S4;.
and
WHEREAS, a total of $3,300,000 is currently available, includ-
ing- the proceeds of bonds issued and sold by the Cities of Pasco
and Kennewick in an amount totaling $1,640,000; county funds
contributed by Benton County and Franklin County totaling
$820,000; Urban Arterial trust funds committed to the project
in the amount of $440,000; and interest earned and to be earned
from investment of the proceeds of the city and county funds in
an amount totaling $400,000, all as shown on the revised "Funding
Estimate" dated July 11, 1975, marked Exhibit "A", attached hereto
and by this reference incorporated herein; and
WHEREAS, an additional $3,552,454 must be committed by the
Cities of Pasco and Kennewick to pay the local share of the cost
of constructing the project in order to permit the STATE to award
the contract for construction of the project and to permit the
STATE to provide the necessary assurances to the Federal Highway
Administration that sufficient local funds will be available
which, together with federal funds committed to the project, will
be sufficient to pay all costs of construction of the project:
NOW, THEREFORE, in consideration for the STATE awarding a
contract to construct the project and to satisfy the legal pre-
requisites for the awarding of said contract, the Cities of Pasco
and Kennewick agree and covenant as follows:
I
The City Council of Pasco shall, at the earliest feasible
time, but in no event later than July 29, 1975, adopt an appropriate
ordinance authorizing the issuance of general obligation bonds in
the total amount of $1,163,000, the proceeds of which shall be
pledged to pay the AGENCY'S share of construction costs, as provided
in the Agreement dated January 23, 1975.
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II
The CITY OF PASCO by this instrument authorizes and directs
the City Manager to issue and sell bonds so authorized from time
to time in such amounts as may be necessary to pay obligations
of the AGENCY arising under the Agreement of January 23, 1975,
prusuant to notification thereof by the Director of Highways,
subject only to the limitation of indebtedness of cities as set
forth in RCIV 39.36.020(2) .
III
The CITY OF PASCO hereby agrees not to rescind or amend
the ordinance authorizing the issuance of such bonds as provided
in paragraph I hereinabove, so long as there remain any obliga-
tions, actual or contingent, of the CITY OF PASCO arising from
the said Agreement dated January 23, 1975, as supplemented by
this Agreement; PROVIDED, that the CITY OF PASCO with the written
approval of the STATE may at any time substitute other funds or
legally binding financial commitments (except motor vehicle fuel.
excise taxes or other motor vehicle fund revenues distributed to
the State pursuant to law) in lieu of the obligation to authorize,
issue and sell general obligation bonds as required by this
paragraph and paragrpahs I and II hereinabove.
IV
The CITY OF PASCO further agrees that it shall not issue and
sell additional general obligation bonds without the written consent
of the STATE, if to do so would affect the legal capacity to issue
and sell any bonds authorized pursuant to paragraph I hereinabove.
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V
The CITY OF PASCO hereby authorizes and directs the State
Treasurer to reserve the sum of $6,250 per month commencing
July 1, 1976 from the City's motor vehicle fuel tax apportion-
ments, to be accumulated and used as necessary by the Director
of Highways to pay the AGENCY'S share of the costs as set forth
in paragraph IV of the Agreement dated January 23, 1975, and/or
to reimburse the STATE for any payments made by the STATE to meet
obligations of the AGENCY arising out of said Agreement dated
January 23, 1975, as supplemented by this Agreement, together
with interest thereon at the then interfund loan rate as estab-
lished by the State Treasurer. The Treasurer is authorized and
directed to continue to reserve such monthly sums for the purposes
stated until all obligations of the AGENCY, actual or contingent,
arising out of the Agreement dated January 23, 1975, as supple-
mented by this Agreement, have been fully met; PROVIDED, that with
the written consent of the STATE, the CITY OF PASCO may at any
time substitute other funds or legally binding financial commit-
ments (except motor vehicle fuel taxes or other motor vehicle
fuel taxes or other motor vehicle fund revenues distributed to
the State pursuant to law) in lieu of the motor vehicle fuel tax
apportionments authorized to be reserved, accumulated and expended
by the Director of Highways as provided in this paragraph.
VI
The City Council of Kennewick shall, at the earliest feasible
time, but in no event later than July 29, 1975, adopt an appropriate
ordinance authorizing the issuance of general obligation bonds in
the total amount of $1,732,000, the proceeds of which shall be
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pledged to pay the AGENCY'S share of construction costs as
provided in the Agreement dated January 23, 1975.
VII
The CITY OF KENNEWICK by this instrument authorizes and
directs the City Manager to issue and sell bonds so authorized
from time to time in such amounts as may be necessary to pay
obligations of the AGENCY arising under the Agreement of January
23, 1975, pursuant to notification thereof by the Director of
Highways, subject only to the limitation of indebtedness of cities
as set forth in RCW 39.36.020(2).
VIII
The CITY OF KENNEWICK hereby agrees not to rescind or amend
the oridnance authorizing the issuance of such bonds as provided
in paragraph VI hereinabove, so long as there remain any obliga-
tions, actual or contingent, of the CITY OF KENNEWICK arising from
the said Agreement dated January 23, 1975, as supplemented by this
Agreement; PROVIDED, that the CITY OF KENNEWICK, with the written
approval of the STATE, may at any time substitute other funds or
legally binding financial commitments (except motor vehicle fuel
excise taxes or other motor vehicle fund revenues distributed to
the State pursuant to law) in lieu of the obligation to authorize,
issue and sell general obligation bonds as required by this
paragraph and paragraphs VI and VII hereinabove.
IX
The CITY OF KENNEWICK further agrees that it shall not issue
and sell additional general obligation bonds without the written
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consent of the STATE, if to do so would affect the legal capacity
to issue and sell any bonds authorized pursuant to paragraph VI
hereinabove.
X
The CITY OF KENNEWICK hereby authorizes and directs the State
Treasurer to reserve the sum of $7,333 per month commencing July
1, 1976 from the.City's motor vehicle fuel tax apportionments, to
be accumulated and used as necessary by the Director of Highways
to pay the AGENCY'S share of the costs as set forth in paragraph
IV of the Agreement dated January 23, 1975, and/or to reimburse
the STATE for any payments made by the STATE to meet obligations
of the AGENCY arising out of said Agreement dated January 23, 1975,
as supplemented by this Agreement together with interest thereon
at the then interfund loan rate as established by the State Treasurer.
The Treasurer is authorized and directed to continue to reserve such
monthly sums for the purposes stated until all obligations of the
AGENCY, actual or contingent, arising out of the Agreement dated
January 23, 1975, as supplemented by this Agreement have been fully
met; PROVIDED, that with the written consent of the STATE, the
CITY OF KENNEWICK may at any time substitute other funds or legally
binding financial.commitments (except motor vehicle fuel taxes or
other motor vehicle fund revenues distributed to the State pursuant
to law) in lieu of the motor vehicle fuel tax apportionments
authorized to be reserved, accumulated and expended by the Director
of Highways, as provided in this paragraph.
XI
It is agreed and understood by and between the City of Pasco,
the City of Kennewick and the State of Washington, acting by and
M
through the Washington State Highway Commission and the Depart-
ment of Highways, that the terms and conditions stated herein,
including the authorization for issuance of general obligation
bonds, are subject to such limitations both by the general laws
of the State of Washington relating to cities and towns and the
Washington State Constitution.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals on the day and year first above written.
STATE OF WASHINGTON
DEPARTMENT OF HIGHWAYS
By
Assistant Director for Planning
Research and State Aid .
CITY O4PA
WASHINGTON
a
By
Ha nz ity,.,tanager
CITY OF KEN EWICK, WASHINGTON
I:A
Arthur H. Colby, City Manager
Approved as to form.this
day of July, 1975.
Assistant Attorney General
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July 11, 1975
PASCO-KENNEWICK*INTERCITY BRIDGE
Funding Estimate
Councilmanic Bonds
$ 2,895,000
Bridge Replacement Funds
15,216,750
Committed Bridge Replacement Funds 7-1-75
3,965,488
Federal -aid Urban Systems Funds
750,000
Federal -aid Urban Extension Funds
396,911
City Bonds
1,640,000
County Funds
820,000
Urban Arterial Board Program Funds
440,000
Income based on City Bond Schedule Forecast
400,000
Northwest Bell Participation
38,101
26,562,250
Cost
Preliminary Engineering
Right -of -Way
Construction
Construction Engineering
Contingencies 3.2%
1,162,670
411,603
23,558,704*
1,332,849*
753,878*
Total Cost $ 27,219,704
Anticipated Income - 26,562,250
Additional local share needed prior to award 657,454
Future contract, demolition of existing bridge
not included in funding $ 338,750
Adjustment caused by deleting Kennewick triangle
EXHIBIT "A"
through the Washington State highway Commission and the Depart-
ment of Highways, that the terms and conditions stated herein,
including the authorization for issuance of general obligation
bonds, are subject to such limitations both by the general laws
of the State of Washington relating to cities and towns and the
Washington State Constitution.
IN WITNESS WHEREOF, the parties hereto have set their hands
and seals on the day and year first above written.
STATE OF WASHINGTON
DEPARTMENT OF HIGHWAYS
Approved as to form this
day of July, 1975.
Assistant Attorney General
By
Assistant Director for Planning
Research and State Aid
CITY OF PASO, 1�'ASHINGTON
BY
Harr nzer, CityPanager
CITY OF KENNEWICK, 1%1ASHIN�TON
By �yw
Arthur H. Col y, Cit anager
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