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HomeMy WebLinkAbout2183 ResolutionRESOLUTION NO. &13 A RESOLUTION approving the settlement reached in mediation between representatives of the City of Pasco and the Franklin County Board of Commissioners concerning the Public Safety Building Lease WHEREAS, since 1990, the City and the County have made numerous attempts to resolve their respective space problems at the Franklin County- City of Pasco Public Safety Building, which attempts have resulted primarily in controversy, dispute and litigation, and WHEREAS, both the Pasco City Council and the Franklin County Board of Commissioners realizing that the public interest and their respective interests were better served by reaching an amicable settlement through a non-adversarial process, agreed to participate in non-binding mediation with a third party mediator jointly selected by the parties, and WHEREAS, representatives of the Pasco City Council and the Franklin County Board of Commissioners met in mediation sessions with retired Superior Court Judge Richard Patrick serving as mediator, on April 19th and 20th, 1995 and the respective representatives of the City and the County having reached a tentative agreement for settlement of the dispute, and WHEREAS, the full Pasco City Council believing that the settlement reached in mediation represents a viable and reasonable compromise of the issues and disputes for both the City and the County, and further believing that it is in the best interest of the City of Pasco and its citizens to accept the recommendation of its representatives to approve the settlement, now, therefore, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO RESOLVE AS FOLLOWS: 1. The Mediation Settlement dated April 20, 1995, attached hereto as an exhibit, and incorporated herein as if specifically set forth, is hereby approved by the City Council 2. City staff shall work with Franklin County staff and officials to finalize the courtroom sharing schedule as anticipated by the Mediation Settlement, and draft the agreement in final form consistent with the elements of the settlement reached in mediation for approval by the Board of Franklin County Commissioners and the Pasco City Council at the earliest possible date Resolution No. 13._,3 Page 1 of 2 Passed by the City Council of the City of Pasco, at a special meeting called for the purpose of considering this issue on Monday, April 24, 1995 City of Pasco. GE. Leg Jove pFelice Mayor Attest. Approved As To Form. Catherine D Seaman Deputy City Clerk Greg ubstello City iIney - Resolution No. cDi 6.3 Page 2 of 2 April 20, 1995 Mediation Settlement The following settlement provides both an interim and long-term (for the duration of the existing lease) solution It presumes that the County will construct a new Superior Court courtroom on the third floor of the Public Safety Building within 24 months The County will determine within the next 30 days if the 24-month construction schedule is feasible The City representative will recommend the settlement to the full City Council The settlement includes the following elements 1. (a) The City will exclusively occupy the designated Municipal Court office space for the duration of the existing Lease term (until May 1, 2012), unless the City decides to vacate all space at the Public Safety Building at a sooner date at the City's discretion, upon at least 60 days written notice to the County (See attached floor plan) The City may make nonstructural changes to the space it occupies without approval of the County (1:) The City will relinquish all of the downstairs (first floor) space immediately In addition, the City will relinquish to the County the old Municipal Court office space adjacent to the District Court clerk's office, the old Dispatch room, Don Carter's old office and the office that was occupied by the Chief of Police and Cher's office (See attached floor plan) 2. The County and the City shall replace and repair the equipment and furniture of the shared courtroom facilities by their mutual approval and equal splitting of the cost 3. As consideration for the space vacated by the City, the City shall be assessed no maintenance and operations cost up to $90,000 in credit for O&M assessments otherwise chargeable If the City is still occupying space after the $90,000 credit limit has been reached, and the County has finished construction of the new Superior Court Courtroom as required herein, the City shall then commence payment of its share of the operations and maintenance costs for the exclusive space it occupys and one half of the shared courtroom facilities and one half of the shared restrooms on the second floor of the public safety building Shared space does not include hallways In the event that the new Superior Courtroom is not completed the City shall not be obligated to pay O&M expenses until the courtroom is completed Eligible costs are limited to custodial services, charges for utilities, and minor interior repairs Settlement Proposal - Page 1 of 2 j A-4-6A 7 ,z-ei-e The City shall be entitled at any time to review the County's budget documents on which the O&M asessments to the City are based In the event the City and the County cannot agree on the correctness of the assessment to the City, the dispute shall be resolved by a third party arbitrator jointly selected and paid by the parties 4. Municipal and District Courts will share the main District courtroom, the old small Superior Courtroom at such time as the new Superior courtroom is constructed, and the smaller (old weed room) courtroom on the time share basis agreed to by the District and Municipal Court Judge for the two District Court Courtrooms and the District, Municipal and a Superior Court Judge representative for the old small Superior Courtroom when it becomes available If the judges are unable to agree within the next thirty days, then the County Commissioners and the Pasco City Council shall decide the court time schedule consistent with the intent of an equal time division between the District and Municipal Courts "Courtroom" as used in this Agreement includes Judges Chambers, Jury and Witness Rooms attendant to the Courtroom, except that the District Court Judge shall have the exclusive occupancy of the Chambers adjacent to the small District Courtroom 5. The County will complete the third Superior courtroom construction on the third floor within twenty-four (24) months 6. Each Court will provide its own library, the existing library belongs to the County 7. The parties will meet not latter than May 18 to facilitate the execution of the final Agreement City of Pasco: Franklin County: Settlement Proposal - Page 2 of 2 TOLE TS0 0 0 JURY ROOM 0 0 0 0 NMI INILVIVIIII.111.11111.1111,1111001. IIIILVILIIIMINIVIIILANLIOLIIIILVE1111 n11•011111. 111111:1•LIIIII.V10111101111. JUDGES CHAMBERS WITNESS ROOM I SECOND FLOOR PLAN SCALE 1/16"