HomeMy WebLinkAbout10-044-IDS-001 Interlocal Agreement RETURN TO:
City of Anacortes
P.O. Box 547
Anacortes, WA 98221
ORDINANCE NO. 67V S
AN ORDINANCE OF THE CITY OF ANACORTES, WASHINGTON, GRANTING
UNTO SKAGIT COUNTY THE RIGHT, PRIVILEGE, AUTHORITY AND
NONEXCLUSIVE FRANCHISE TO CONSTRUCT, MAINTAIN AND USE FOR
VEHICLE CUEING AND LOADING SPACE ACROSS, OVER, ALONG, UNDER,
THROUGH AND BELOW PORTIONS OF "I" AVENUE AND SIXTH STREET,
PUBLIC RIGHTS-OF-WAY OF THE CITY OF ANACORTES,WASHINGTON.
THE CITY COUNCIL OF THE CITY OF ANACORTES DOES HEREBY ORDAIN AS
FOLLOWS:
WHEREAS, Skagit County (hereinafter the "County") has requested that the City of
Anacortes (hereinafter the "City") grant it a nonexclusive franchise for cueing and loading of
vehicle traffic onto the County's Guemes Island Ferry; and
WHEREAS, the City holds the efficient, safe and orderly cueing and loading of vehicle
traffic onto the County's Guemes Island Ferry in high regard; and
WHEREAS, the City and the County have negotiated an agreement for use of City
streets for the cueing and loading of vehicles onto the County's Guemes Island ferry, which
agreement is memorialized in the attached Exhibit A, "INTERLOCAL COOPERATIVE AGREEMENT
BETWEEN SKAGIT COUNTY AND CITY OF ANACORTES RELATING TO SKAGIT COUNTY'S GUEMES
ISLAND FERRY OPERATIONS;" and
WHEREAS, the City Council has the authority to grant franchises for the use of its
streets and other public properties (RCW 35A.47.040),
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF ANACORTES,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Franchise Granted Pursuant to RCW 35A.47.040, the City of Anacortes, a
Washington municipal corporation, hereby grants to Skagit County, subject to the terms and
conditions hereinafter set forth in Exhibit A hereto, a franchise beginning on the effective date of
this ordinance, set forth in Section 2 below..
SECTION 2. Effective Date. This ordinance shall take effect five (5) days after
publication.
PASSED AND APPROVED this (915-�- day of 2010.
CITY OF ANACORTES:
H. Dean Maxwell, Mayor
ATTEST:
_A A e
Steve D. Hoglund, City Clerk Treasurer
APPROVED AS TO FORM:
/'�-)9' '
Bradford E. Furlong, WSBA 912924
City Attorney
SKAGIT COUNTY
Contract# C20100357
Page 1 of 7
INTERLOCAL COOPERATIVE AGREEMENT
BETWEEN
SKAGIT COUNTY
AND
CITY OF ANACORTES
RELATING TO SKAGIT COUNTY'S GUEMES ISLAND FERRY OPERATIONS
T141S AGREEMENT (herein "Agreement") is made and entered by and between the CITY OF
ANACORTES, a Washington municipal corporation, hereinafter referred to as "City", and SKAGIT
COUNTY, a political subdivision of the State of Washington, hereinafter referred to as "County",
pursuant to the authority granted by Chapter 39.34 RCW, INTERLOCAL COOPERATION ACT. The
City and the County may be individually referred to herein as a"party",and may be collectively referred
to herein as the "parties." In consideration of the following terms and conditions, the parties mutually
agree as follows:
1.PURPOSE: The purpose of this Agreement is to establish maintenance and funding responsibilities for
future and current street improvement projects involving the use of City owned right of way; and
furthermore to allow the County to use a portion of"I"Avenue and 6th Street,City-owned streets,for the
County's Guemes Island Ferry operations, specifically including temporary waiting and queuing of
vehicles and people for the County's ferry operation.
1.1 RECITALS: WHEREAS, RCW 39.34, the Interlocal Cooperation Act, allows local
governmental units to make the most efficient use of their powers by enabling them to cooperate and
enter into agreements with each other;and,
WHEREAS,the County,as authorized by RCW 36.54,operates a car and passenger ferry system
whose Fidalgo Island dock is immediately adjacent to City right-of-way, with the associated temporary
waiting and queuing of vehicles and people facilities located within the City right-of-way;and,
WHEREAS, the County desires to use a portion of"I" Avenue and 6th Street, streets owned by
the City,for the temporary waiting and queuing of vehicles and people; and,
WHEREAS, those portions of"I" Avenue and 6th Street used exclusively by the County for its
ferry operations creates road improvement and maintenance expenses which should be borne by the
County,pursuant to the terms of this Agreement;and,
WHEREAS, this Agreement establishes the County's rights and responsibilities for the use of
some portions of"I"Avenue and 6th Street in the City, which is in the best interest for both the citizens
of the City and the County, and the Agreement otherwise establishes the terms of the respective duties
and obligations of the parties with respect to the forgoing.
2. RESPONSIBILITIES: The parties to this Agreement mutually agree as follows:
2.1 GENERAL: The County owns and operates a car and passenger ferry system that
provides service between Fidalgo Island and Guemes Island dock, whose Fidalgo Island dock is
immediately adjacent to 6rl' street. . The current Guemes Island Ferry operations consist of a single vessel,
making a crossing approximately every 30 minutes, usually operating during the hours of 6:30 AM to
1 1:00 PM, seven (7)days per week(unless such operating hours are subsequently amended by the Skagit
County Board of Commissioners). Use of that portion of"I"Avenue and 6th Street(as provided herein)
by the County for any other purposes other than as specified by the terms of this Agreement will require
the prior approval of the City. Unless specified to the contrary in this Agreement, the County is not
otherwise obligated to provide any funds, or perform or provide any other services, duties, or
responsibilities pursuant to the terms of this Agreement. The City hereby agrees, subject to the terms and
conditions as set forth herein,to allow the County to use that portion of"I" Avenue and 6th Street right-
of-way illustrated in Attachment "A", attached hereto and incorporated by reference herein, for County
ferry operations, including the waiting and queuing of persons and vehicles, and other such directly
related activities which are consistent with and a part of the County's Guemes Island Ferry operations.
2.2 Nonexclusive Use: This Agreement does not, and shall not be deemed to, provide
exclusive use to the County of the City's right-of-way as depicted in Attachment "A". This Agreement
shall not in any manner prohibit the City from granting other and further uses upon, under, and across the
City's right-of-way as depicted in Attachment "A" that do not interfere with the County's rights under
this Agreement. This Agreement shall not prohibit or prevent the City from using the City's right-of-way
as depicted in Attachment"A" for any lawful purpose or affect the jurisdiction of the City over the same
or any part thereof, provided that any such use by the City shall not unreasonably interfere with the
County"s rights under this Agreement.
2.3 6th STREET IMPROVEMENT: The County recognizes that the City from time to time
(at the City's expense), will be making modifications to a portion of 6"' Street and the side street
approaches thereto by grading, widening, and installing thereon asphalt pavement, the construction of
concrete curb, gutter and sidewalk, reconstructing existing storm drainage systems, and other
appurtenances requisite to completing these street improvement modifications. After the City completes
such work, the City (at the City's expense), will permanently maintain all areas accept as described in
Section 2.5 herein.
2.4 CAPITAL COSTS, I AVENUE: Pursuant to the terms of this Agreement, the County
agrees to be responsible for all future capital improvement and maintenance costs related to ferry
operations for that portion of"I"Avenue as illustrated in Attachment"A", and agrees that all construction
work in this area will be'done to the City's adopted development standards in effect at the time such
proposed capital improvement work may be submitted to the City for review and approval. All such
future capital improvement work will be reviewed by the City for compatibility with the City's land use
planning and road design criteria and standards. The County recognizes the City as the authority and
permitting agency for such capita)improvement work done in the area illustrated in Attachment"A".
2. 5 MAINTENANCE COSTS: Routine maintenance work within the area illustrated in
Attachment "A", as related to County's ferry operations, such as (but not limited to) pavement striping,
pavement markings, and traffic signage, will be done to City standards, and will be performed by the
County on an as-needed basis as determined by the County
2.6 FUTURE COUNTY IMPROVEMENTS: Both parties recognize that additional waiting
and queuing capacity may be required to meet future increased ferry traffic volumes. The City agrees to
work with the County in good faith through a public process with respect to any such future development
of additional area within the 6th Street Corridor which may be required to accommodate the increased
traffic volumes. All costs for any such actual expansion work completed shall be borne by the County.
2.6.1 Both parties agree that the County's parking, queuing, and overall traffic operations
would be more efficient if existing driveways and parking along the north side of 6rh Street from "I"
Avenue to "J"Avenue(which bisect the current queuing area),could be closed or relocated. In the event
that the County should become the fee-simple owner of any such property or properties adjacent to and
abutting 6"' Street, the County agrees to consider closing or relocating any such existing County-owned
driveway(s) in accordance with City of Anacortes standards, so that traffic using them would be kept
separate from, and not interfere with, ferry traffic: and both parties agree to cooperate with each other to
resolve this issue, provided,that the County is under no obligation whatsoever to purchase or acquire any
such property or properties adjacent to and abutting 61h Street for any reason.
2.7 COOPERATION: The parties shall reasonably cooperate in good faith to conduct such
further acts necessary to effectuate the terms of this Agreement.
3. TERM OF AGREEMENT: This Agreement shall commence upon mutual execution, and shall
continue until the County determines (at the County's sole option and discretion) that the County no
longer needs to use "I Avenue or 6th Street to accommodate the County's ferry operations, or until this
Agreement is otherwise terminated, whichever occurs first. Prior to any such termination of this
Agreement, and within 180 days of a cessation of operation, the County will be responsible for the
restoration of"I''Avenue and 6th Street by:
1)Removing all County structures,
2) Removing all County ferry related lane striping,
3) Removing all County ferry related signing,and
4) Leaving the pavement in a reasonably sound condition, suitable for travel and use by the
public.
3.1 The County agrees that it will not retain any rights or responsibilities after termination of
the Agreement. There are no other written or expressed termination dates associated with this
Agreement.
3.2 This Agreement is not transferable without the written approval of the City which shall
not be unreasonably withheld. In the event that the County's ferry system operations are transferred or
sold to a third party(public or private)without the written consent of the City,this Agreement may be
terminated by the City by giving ninety(90)days written notice to the County.
4. MANNER OF FINANCTNG: Except as expressly provided by the terms of this Agreement, no funds
will be provided by the County to the City pursuant to the terms of this Agreement.
5. ADMINISTRATION: The following individuals are designated as representatives of the respective
parties. The representatives shall be responsible for administration of this Agreement and for
coordinating and monitoring performance under this Agreement. In the event such representatives are
changed,the party making the change shall notify the other party.
5.1 The County's representative shall be the County Public Works Director, or his / her
designee.
5.2 The City's representative shall be the City Public Works Director, or his/her designee.
b. INDEMNIFICATION: Except as is otherwise set forth per the terms of this Agreement, each party
agrees to be responsible and assume liability for its own wrongful and/or negligent acts or omissions or
those of their officials, officers, agents, or employees to the fullest extent required by law, and further
agrees to save, indemnify, defend,and hold the other party harmless from any such liability. It is further
provided that no liability shall attach to either party by reason of entering into this contract except as
expressly provided herein.
7. INSURANCE: The County agrees to and shall, at its sole cost and expense, procure and maintain
insurance coverage, or self retained insurance limits, not less than the coverage limits or amounts
currently in place for the County,throughout the term of this Agreement.
S. CHANGES, MODIFICATIONS, AMENDMENTS, & WAIVERS: The Agreement may be changed,
modified, amended or waived only by written subsequent written agreement duly executed by the parties
hereto. Waiver or breach of any term or condition of this Agreement shall not be considered a waiver of
any prior or subsequent breach.
9. SEVERABILITY: in the event any term or condition of this Agreement or application thereof to any
person or circumstances is held invalid, such invalidity shall not affect other terms, conditions or
applications of this Agreement which can be given effect without the invalid term, condition, or
application. To this end the terms and conditions of this Agreement are declared severable.
10. VENUE AND CHOICE OF LAW: In the event that any litigation should arise concerning the
construction or interpretation of any of the terms of this Agreement, the venue of such action of litigation
shall be in the Superior Court of the State of Washington in and for the County of Skagit. This Agreement
shall be governed by the laws of the State of Washington.
11. NO THIRD PARTY BENEFICIARIES: This Agreement is not intended to nor does it create any
third party beneficiary or other rights in any third person or party, including, but not limited to, the
general public, property owners and residents in the vicinity of the County's ferry operations, ferry riders
or passengers, or any agent, contractor, subcontractor, consultant, employee, volunteer, or other
representative of any party.
12. COMPLIANCE WITH LAWS, PERMITS, AND TERMS OF GRANTS. The parties to this
Agreement shall comply with all applicable federal, state, and local laws, rules, and regulations in
carrying out the terms and conditions of this Agreement.
13. STATUS OF AGREEMENT: This Agreement is in addition to, and is not intended to replace,
substitute, modify, or otherwise amend any other agreements by and between the parties. Any other
agreements by and between the parties shall continue in full force and effect.
14.NEUTRAL AUTHORSHIP: Each of the terms and provisions of this Agreement have been reviewed
and negotiated, and represents the combined work of the parties. No presumption or other rule of
construction which would interpret the provisions of this Agreement in favor of or against the party
preparing the same shall be applicable in connection with the construction or interpretation of any
provisions of this Agreement.
15. ENTIRE AGREEMENT: This Agreement contains all the terms and conditions agreed upon by
the parties. All items incorporated herein by reference are attached. No other understandings, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist or to bind any of the
parties hereto.
CITY OF ANACORTES:
DATED this S'L-day of T,,Ly� ,2010
By: -:4It.— )��
H Dean Maxwell
Mayor,City of Anacortes
City of Anacortes
904 61"Street
Anacortes,WA 98221
Attest:
ty Clerk
A roved s to form:
•_ J
City Attom�
IN WITNESS WHEREOF,the parties have executed this Agreement this day of _,
2010.
APPROVED:
BOARD OF COUNTY COMMISSIONERS
SKAGIT COUNTY,WASHINGTON
Sharon D. Dillon, Chair
Ron Wesen,Commission
4
Kenneth A.Dahistedt,Commissioner
Recommended:
By: -
Department Head
By-
Budget&Finance Di ctor
Approved as to Indemnification:
By:
Risk Manager
Approved as to Form:
By:
uty Prosecuting ttomey
Attest:
Clerk of the Board
STATE OF WASHINGTON
ss.
COUNTY OF SKAGIT
I certify that I know or have satisfactory evidence that Kenneth A. Dahlstedt, Sharon D. Dillon,
and/or Ron Wesen is/are the person(s) who appeared before me, and said person(s) acknowledged that
she/he/they signed this instrument, on oath stated that she/he/they was/were authorized execute the
instrument and acknowledged it as Commissioner(s)of Skagit County,to be the free and voluntary act of
such party for the uses and purposes herein mentioned.
DATED this a day of_ � �{ ,2010,
t
(SEAL)
, ,,, Notary Public tt �,_�
pP `:,.KA14*. ', print name:�[kA ACLMmCW\E
.y Residing at ?�
A�Y ''•� My commission expl s t c"►I as I Km
Mycornm.Expires; Y
10J0112011
`' Q�W 0,501 ,a
4
ATTACHMENT ENT gtA$y
WNW
10,
s�
m
i
„ 5
� � w
r k 3
1 : x
I �S
4
G
k 4
•ff �� ��"a � 3 ffiSh^