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HomeMy WebLinkAbout4221 Resolution - Municipal Svrs Coop Agr - Confederated Tribes of the Colville Reservation RESOLUTION NO.4221 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, APPROVING THE MUNICIPAL SERVICES COOPERATION AGREEMENT WITH THE CONFEDERATED TRIBES OF THE COLVILLE RESERVATION AND THE CITY OF PASCO. WHEREAS, the Confederated Tribes of the Colville Reservation are a federally recognized Indian Tribe. The Colville Tribes purchased lands within the Pasco city limits. In doing so, the stated intent of the Tribes is to reconnect the Palus Band, as well as other Tribal members, with their ancestral areas and to develop and enhance the property for the economic and cultural benefit of the Tribes, Tribal members, and the surrounding Pasco community; and WHEREAS, in mid-2019,the Colville Tribal Council and Chairman extended invitations to the Pasco City Council and City Manager to share information about their proposals for their newly purchased land in Pasco, discuss necessary processes, learn of the City's plans, explore mutual interests and areas for partnerships, and establish and begin building a strong government- to-government relationship built on trust and transparency. These meetings, conducted in Pasco and at the Lucy F. Covington Government Center in Nespelem, were productive in laying the foundation for a relationship between the Tribes and the City; and WHEREAS,on October 31,2019,Council approved an"Agreement in Principle"between the Tribes and the City. The agreement cites the respective authority of the Tribe and the City to establish a government-to-government relationship; discusses the motivation(s) for the Tribes decision to purchase property in Pasco, the most symbolic being the Palus Band's physical and historical connection to the region;and the desire of the Tribe and City to collaborate and cooperate on matters of mutual interest specific to the property and to the benefit of the Tribes, Tribal members, the City and it residents and business community; and WHEREAS, the Agreement in Principle contemplates that the parties will begin developing processes and procedures to facilitate cooperation between the City and the Tribes on multiple issues, including but not limited to: the Fee land to Trust land process, educational and cultural exchange, tourism,media and community outreach and communications protocols and WHEREAS, over the past several months, the Colville Tribes have asked the City to consider entering a binding agreement for the purposes of obtaining support from the City in the Tribes' "Fee to Trust Application"to the Bureau of Indian Affairs,as well as laying the framework for negotiations for future binding "Comprehensive Municipal Services Agreements" that would provide municipal services before and after Tribal property obtains Trust status. NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City Council of the City of Pasco approves the terms and conditions of the Municipal Services Cooperation Agreement with the Confederated Tribes of the Colville Resolution—Municipal Services Agreement Colville Reservation- 1 Reservation and the City of Pasco, for the purpose of facilitating the support of the City of Pasco for the Tribes' fee-to-trust application to the Bureau of Indian Affairs and laying the groundwork for future agreements to provide municipal services, a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Be It Further Resolved,that the City Manager of the City of Pasco,Washington,is hereby authorized, empowered, and directed to sign and execute said agreement on behalf of the City of Pasco. Be It Further Resolved, that the City Manager be authorized to make minor substantive changes to said agreement as needed. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington this 1 St day of August, 2022. , Blanche arajas Mayor ATTEST: APPROVED AS TO FORM: � �%_ � - ,_ � l��- c�---- � - _ - Debra Barham, CMC Keri ergu�on Law, PLLC City Clerk City Attorneys Resolution—Municipal Services Agreement Colville Reservation-2 EXHIBITA Municipal Services Cooperation Agreement Confederated Tribes of the Colville Reservation/City of Pasco This Municipal Services Cooperation Agreement ("Cooperation Agreement" or "AgreemenY') is by and between the Confederated Tribes of the Colville Reservation (hereinafter "the Tribes"or"Colville Tribes"), and the City of Pasco,Washington(hereinafter"Pasco"or"the City"), each, hereinafter"Party," and collectively, hereinafter"the Parties." Recitals Whereas, the Confederated Tribes of the Colville Reservation have purchased certain property within the boundaries of the City of Pasco and in Franklin County, Washington (the "Tribal Property" or"Property"); and Whereas,the Colville Tribes will submit application(s) ("Fee to Trust Application(s)") to the United States Department of the Interior ("Deparirnent of the Interior") requesting that the United States take title to the Tribal Property in trust status and for the benefit of the Colville Tribes; and Whereas, the Parties agree that the development of the Tribal Property (the "Pasco Project"or"Project")will result in positive economic benefits for both the Tribes and its members and the City and the citizens of the region; and Whereas,the City wishes to support the Tribes' Fee to Trust Application(s); and Whereas, the Parties have previously signed an "Agreement in Principle" outlining their intentions to work cooperatively in the future with regard to the Pasco Project; and Whereas, the Parties intend to enter into this and future mutually-beneficial agreements for the delivery of specific City Municipal Services to the Property; and Whereas, the purpose of this Agreement is to set forth understandings of the Colville Tribes and the City with regard to the provision of City Municipal Services to the Tribes' Project in Pasco; NOW THEREFORE, in consideration of the above recitals and the mutual promises and covenants hereinafter set forth and for other good and valuable consideration as set forth herein the sufficiency of which is expressly acknowledged, the Parties hereby agree as follows: MUNICIPAL SERVICES COOPERATIONAGREEMENT CONFEDERATED TRIBES OF THE COLVILLE RESERVATION/ CITY OF PASCO, WASHINGTON Page 1 of 5 1.0 Definition of"Municipal Services" For the purposes of this Agreement, the term "Municipal Services" includes such seroices as the City provides to the general public, such as, but not limited to, fire suppression, paramedic and ambulance services, law enforcement, court services, street frontage, and other services typically funded and paid for from real property taxes and/or fee schedules, and utilities, including, but not limited to, storm water, and sewer and water services,paid for by utility customers through utility billings. 2.0 TriballCity"Comprehensive Municipal Services Agreement" When the Tribes has a reasonable belief that all or a portion of the Tribally-owned Owned Property (Tribal Property) located within the City of Pasco will be transferred to trust status, such that those City of Pasco services funded and paid for from real property taxes and/or fee schedules may not be paid for the Tribal Property once in trust status, the Parties will begin negotiations in good faith to develop one or more Comprehensive Municipal Services Agreement/Agreements ("Comprehensive Agreement/s") which will address the delivery of Municipal Services to the Tribes' Property in Pasco and other issues relating thereto. 3.0 Municipal Services Delivery to Tribal Properties in Pasco 3.1 The Parties agree that providing City Municipal Services to the Tribal Property benefits the Tribes and the City and the citizens of the region by protecting the health and safety of persons on or near the Property as well as protecting structures on or near the Property. 3.2 The Parties agree that regardless of the status of the Tribal Property,whether in fee status or in trust, the City will provide its municipal services to and for the Tribal property consistent with what it would do for any other municipal services recipients andlor customers. 3.3 The Parties agree that normal payments for City of Pasco utility services, including but not limited to, water, sewer, storm drainage and irrigation water, in accordance with established utility rates should be made by the Tribe or by the United States Department of the Interior ("Deparirnent of the Interior") or by such bureau or agency thereof responsible for making payments the for such utilities provided to and/or used by the Tribal Property. 3.4 The Parties agree that so long as the Tribal Property is in fee status, the Tribe shall pay for those Municipal Services funded and paid for from real property taxes and/or fee schedules in the normal course. 3.5 The Parties further recognize that after one or more of the Tribal Property parcels located within the City of Pasco is transferred to trust status and held by the United States for the benefit of the Tribes, that property becomes "Indian Country" as that term is defined by federal law, and the property and persons and activities on the property will be subject to applicable tribal or (in some cases) federal regulations, civil, and criminal law, and Tribal MUNICIPAL SERVICES COOPERATIONAGREEMENT CONFEDERATED TRIBES OF THE COLVILLE RESERYATION/ CITY OF PASCO, WASHINGTON Page 2 of S Agreements. In the event of trust status of such Tribal Property or any part thereof,the Parties shall negotiate issues of payments for non-utility City of Pasco municipal services, with payrnent for utility services remaining as provided in Section 3.3 above. 3.6 The Parties agree that once the Tribes commence operation of a gaming facility located within the City of Pasco, the City's shall be given priority in funding from the Impact Mitigation funds from net win proceeds from Class III gaming activities. Payment for utility services shall remain as provided in Section 3.3 above. 4.0 Support of Fee-to-Trust Applicatian(s) The City agrees to provide written support for the Colville Tribes' Fee to Trust Application(s). Such support will be in the form of official correspondence signed by authorized officials of the City,and provided to the Tribes for submission to the Department of the Interior with the Tribes' Fee to Trust Application(s). S.0 Severability If any provision of this Cooperation Agreement is held to be illegal, invalid or unenforceable under applicable law in effect at the time of its execution, the provision shall be fully severable. This Agreement shall be construed and enforced as if such illegal, invalid, or unenforceable provision had never comprised a part of this Agreement,and the remaining provisions of this Agreement shall remain in full force and effect. Notwithstanding the foregoing, this Agreement shall be equally enforceable on the parties. b.0 Scope This Cooperation Agreement is intended to apply to and shall be construed to apply solely to the Tribal Property for which the Tribes' Fee to Trust Application(s) are submitted to the Department of the Interior, and shall not be construed to apply to any other properiy owned by the Tribes. 7.0 Notices Any notice or other communications under this Agreement shall be in writing and shall be deemed to be delivered on: (a)the date of delivery if delivered in person or by electronic mail; or(b)upon the date of delivery indicated if delivered by express mail; or(c)three days after being deposited in the U.S.Mail,certified or registered, postage prepaid and addressed to the Parry at the address stated below Agreement or such other address as either Party may designate by written notice to the other. MUNICIPAL SERVICES COOPERATIONAGREEMENT CONFEDERATED TRIBES OF THE COLVILLE RESERVATION/ CITY OF PASCO, WASHINGTON Page 3 of S For the City of Pasco: For the Tribes: Executive Director Confederated Tribes of the Colville Reservation PO Box 150 Nespelem, WA 99155 8.0 Termination Should the Colville Tribes officially withdraw the Tribe's Fee to Trust Application(s)for the Tribal Property and notify the City of such withdrawal,either Party may terminate this Agreement with ninety (90) days' written notice to the other, provided that the provisions for payment of City of Pasco utility and non- utility services shall remain in effect so long as such services are provided to the Tribal Property. 9.0 Effective Date This Agreement shall take effect upon its signing by the authorized representatives of both Parties and remain in effect for a period of ten (10)years unless terminated pursuant to its terms herein or superseded by a future agreement/future agreements, provided that the provisions for payment of City of Pasco utility and non-utility services shall remain in effect so long as such services are provided to the Tribal Property, unless those payment provisions are addressed in a superseding agreement. The persons signing below are authorized by their respective governments to enter into this Municipal Services Cooperation Agreement. For the Confederated Tribes of the Colville Reservation: Date: Andrew Joseph, Jr., Chairman For the Citv of Pasco MUNICIPAL SERVICES COOPERATIONAGREEMENT CONFEDERATED TRIBES OF THE COLVILLE RESERVATION/ CITY OF PASCO, WASHINGTON Page 4 of S Date: MUNICIPAL SERVICES COOPERATIONAGREEMENT CONFEDERATED TRIBES OF THE COLVILLE RESERVATION/ CITY OF PASCO, W,4SHINGTON Page S of S