HomeMy WebLinkAbout1820 ResolutionJOINT RESOLUTION
FOR THE CITIES OF PASCO AND KENNEWICK
CITY OF PASCO RESOLUTION NO. 1820
CITY OF KENNEWICK RESOLUTION NO. 88-14
A RESOLUTION reaffirming the City of Pasco's and the City
of Kennewick's resolve to demolish the old
Pasco-Kennewick Steel Truss Inter-City Bridge and
calling upon Washington State's Congressional Officials
to support federal legislation to enable the Cities of
Pasco and Kennewick to demolish the bridge without
further compliance with federal environmental and
historic preservation legislation.
WHEREAS, The Presidential Award-Winning Cable-Stayed
Bridge across the Columbia River between Pasco and Kennewick,
Washington, has been opened to vehicular traffic since September,
1978; and
WHEREAS, The cable-stayed designed of the new bridge was
selected and financed at considerable cost to the local entities
and with federal matching funds in large part to improve river
navigation at the location of the old and new bridges by the
elimination of the fourteen piers of the old bridge; and
WHEREAS, The popular local support for the demolition of
the old bridge, demonstrated by public votes in 1979 and 1980,
overwhelmingly in favor of demolition of the old bridge as
opposed to its retention, never has waivered and remains strong;
and
WHEREAS, The City Councils of both Pasco and Kennewick,
despite changes in membership over the years, have remained
dedicated to demolition of the old bridge; and
WHEREAS, Since 1981, litigation intended to prevent the
demolition of the old bridge based upon federal environmental and
historic preservation legislation has prevented the demolition of
the old bridge; and
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WHEREAS, The substantial efforts of the Cities of Pasco
and Kennewick to comply with all pertinent federal legislation by
the completion of a Supplemental Final Environmental Impact
Statement and 4(f) Evaluation, upon which the cities were
prepared with the Federal Highway Administration to go back to
federal court to have the injunction against demolition quashed,
has again been frustrated by yet another new piece of federal
legislation, to-wit: Section 123(f) of Public Law 100-17-April
2, 1987 (Codified as Section 144(g) of Title 23 U.S.C.); and
WHEREAS, The Federal Highway Administration has
interpreted the requirements of Section 123(f) to not only
require the cities to offer the old bridge for donation but to
pledge local matching monies for the rehabilitation of the old
bridge if there is a responsible donee willing to accept future
maintenance and liability responsibilities for the old bridge;
and
WHEREAS, The legal issues surrounding compliance with
Section 123(f) as well as the other federal environmental and
historic preservation legislation fuels continuing litigation
that has a life of its own without foreseeable end; and
WHEREAS, Federal legislation is necessary to relieve the
Cities of Pasco and Kennewick from not only the unwanted and
unfunded obligation to pledge local monies for old bridge
rehabilitation, but to end the litigation and potential for
further litigation that exists and which continues to prevent the
demolition of the old bridge; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON AND THE
CITY COUNCIL OF THE CITY OF KENNEWICK, WASHINGTON RESOLVE AS
FOLLOWS:
1. The Cities of Pasco and Kennewick reaffirm their
unqualified support for the old Pasco-Kennewick Steel Truss
Bridge Demolition Project; and
2. Washington State's Congressional Officials are called
upon to initiate and support federal legislation allowing the
use of federal funds under Section 144 of Title 23 U.S.C. to be
expended on the Inter-City Steel Truss Bridge Demolition Project
for the Cities of Pasco and Kennewick, Washington,
notwithstanding any provision of federal environmental or
historic preservation, including but not limited to:
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AT APPROVED AS TO FORM:
PASSED by the Pasco City Council this 7th day of March,
19
DLER, Mayor
EVELYN WELLS, City Cler GREG . RUBSTELLO, City ttorney
APPROVED AS TO FO ATTEST:
MARGERY City Cler ILLI ERON City Attorney
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BRAD FISHER, Mayor
a. Section 42 U.S.C. 4332(2)(c) and Section 49 U.S.C.
303;
b. Section 123(f) of Public Law 100-17-April 2, 1987
(Codified as Section 144(g) of Title 23 U.S.C.);
c. Section 106 of the National Historic Preservation Act
of 1966 (Codified as 16 U.S.C. Section 470(f), as amended); and
d. 49 U.S.C. Section 1653(f) and 23 U.S.C. Section 138;
the requirements of which, the Inter-City Steel Truss Bridge
Demolition Project of the Cities of Pasco and Kennewick,
Washington, should be specifically exempted from further
compliance.
PASSED by the Kennewick City Council this 1 1 th day of
March. 1988.