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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. -2- 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. -3- 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 -4- 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 -5 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 -7- 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 -7-