Loading...
HomeMy WebLinkAbout000817 Original Contract City of Port Angeles Record # 000817 MUNICIPAL SERVICES AGREEMENT This Municipal Services Agreement ("Agreement") is made this day' _0A September, 2014, by and between the City of Port Angeles ("City") and the Lower Elwha Klallam Tribe ("Tribe"): RECITALS WHEREAS, the United States Secretary of the Interior is authorized by Congress to acquire land in trust for the Tribe in order for the Tribe to achieve economic self-sufficiency; and WHEREAS, the Tribe acquired a parcel of land in the City, with a legal description as set out in Exhibit A attached hereto and located at 401 E. First Street, Port Angeles, and on which it has developed a multi-purpose Heritage Center; and WHEREAS, the Tribe requested that the United States Department of Interior, Bureau of Indian Affairs ("BIA") process an application for the United States to accept fee title to the Heritage Center to be held in trust for the Tribe ("fee-to-trust application"); and WHEREAS, the BIA approved the Tribe's fee-to-trust application for the Heritage Center by Notice of Decision dated October 25, 2012; and WHEREAS, the City filed its Notice of Appeal of the BIA's approval of the Tribe's fee-to-trust application with the Interior Board of Indian Appeals ("IBIA") on November 12, 2012; and WHEREAS,through this Agreement,the City and Tribe have resolved the issues presented by the Heritage Center being accepted into trust for the Tribe; and WHEREAS, the City is capable and willing to continue providing the full range of municipal services to the Tribe's Heritage Center, including for example: the provision of and availability of police, fire, and ambulance; stormwater control and planning; street and right of way control, maintenance and planning; and non-utility infrastructure (e.g., street lighting, fire hydrants, etc.); and WHEREAS, the Tribe is willing to accept the provision of municipal services to the Heritage Center by the City; and WHEREAS, the terms and conditions of this Agreement express the goodwill and cooperation of the Tribe and the City in fostering a mutually respectful government-to-government relationship that will serve their mutual interests. NOW, THEREFORE, the Parties agree as follows: Section 1. City to Dismiss Appeal. The City will, within 10 days of execution of this Agreement by both parties, file with the IBIA a motion for voluntary dismissal with prejudice of the City's appeal filed on November 12, 2012. The City will further notify the BIA Regional Office in Portland, Oregon, in writing via certified mail within 10 days of the execution of this Agreement by both parties, that: (1)the City has filed a voluntary motion to dismiss the City's appeal with prejudice; (2) the City supports the Tribe's fee-to-trust application to the BIA for the acquisition of the Heritage Center in trust by the United States for the benefit of the Tribe; and (3) each party waives any and all objections, challenges, Municipal Services Agreement Page 1 of 4 claims,and causes of action against the other that it may have, whether administrative,judicial, or otherwise, arising from or related to the fee-to-trust application, and forever releases the other,the other's officials, agents, or employees, and the United States and any of its agencies, departments, officials, agents or employees, from any such objections, challenges, claims, and causes of action related to the acquisition of the Heritage Center in trust by the United States for the benefit of the Tribe. Section 2. Police and Fire Personnel and Services. City agrees to provide 24-hour police and fire suppression, to the Tribe at the Heritage Center at the same levels as provided to the City and its residents. Consistent with federal law, police services will include the authority to enforce any and all state and local criminal laws and ordinances at the Heritage Center premises; such services will include, but not be limited to, 24-hour patrol services, response to emergency 911 calls, and general investigations for major crimes as the Police Department deems necessary. When practical, the Police Department will attempt to notify the Tribe's designated public safety or security director and shall coordinate and cooperate with Tribal law enforcement officers. The City will provide prosecution services required for the enforcement of City penal ordinances. The City designates its City Attorney as the prosecutor for the purposes of ordinance prosecution and agrees to pay all charges of the District Court and costs for appointments made by the Court in appointing counsel to defend persons charged with City penal ordinance violations. The City will provide referral services to the Clallam County Prosecuting Attorney as necessary for the prosecution of state law felonies in the Superior Court. Section 3. Utility Services. The Tribe will provide for utility services at the Heritage Center by connection to the City's existing water, electric, and sewer systems, and through the City's ambulance utility. The Tribe will utilize the City's contracted solid waste disposal company for all solid waste and recycled materials generated by tribal activity at the Heritage Center and pay all fees associated with such use. The Tribe will pay connection fees and monthly service charges as established by City ordinance. Section 4. Other Payments to City. As compensation for provision of police and fire services as required by Section 2 of this Agreement,effective when the Heritage Center parcel is taken into trust for the Tribe by the United States, the Tribe will pay, in addition to the fees and charges for utilities, the City an annual amount calculated as shown on the attached Exhibit B. If the property is taken into trust in 2014, the amount for 2014 shall be $314.24. In 2015 and subsequent years, the parties will perform the same calculation using then current values. The payment shall be made not later than the last day of January each year, except that the first payment shall be made within 30 days after the property is taken into trust. The payment required by this Section is subject to review and modification by mutual agreement of the parties pursuant to Section 8 of this Agreement. Section 5. Development Projects. Municipal Services Agreement Page 2 of 4 The Tribe agrees that before changing the use of the Heritage Center or undertaking any construction on the Heritage Center, or beginning any new development on the Heritage Center, the Tribe will notify the City. The City will have 90 days to review all such information provided by the Tribe related to the change in use, construction, or new development and to provide comments, analysis, recommendations, and guidance to the Tribe. The Tribe agrees to give good-faith consideration to any written comments, analysis, recommendations, and guidance provided by the City within the 90-day review period. The Tribe may contract with the City to provide planning,building,and safety, fire prevention,and public works personnel to review any and all construction plans and inspect construction of all improvements on or off the Heritage Center within the City at the usual rates charged for such services. Section 6. Dispute Resolution. A. Meet and Confer Process. In the event that either party believes that the other has committed a possible violation of this Agreement, it may request in writing that the Parties meet and confer in good faith for the purpose of attempting to reach a mutually satisfactory resolution of the problem within 10 business days of the date of service of said request B. Notice of Disagreement. If either party is unsatisfied with the results of the meet and confer process, within 10 business days of the date on which the Parties first met, such Party may provide written notice to the other identifying and describing any alleged violation of this Agreement ("Notice of Disagreement"), with particularity, and setting forth the action required to remedy the alleged violation. C. Judicial Remedy. If the party to whom a notice of disagreement has been provided does not remedy the alleged violation, or reach an agreement for the remedy of the same, within 30 days of receipt of the Notice of Disagreement, then the party providing the notice may institute an action for declaratory and injunctive relief against the noticed party in the Superior Court of Clallam County, Washington. Section 7. Limited Waiver of Tribal Sovereign Immunity. The Tribe agrees to a limited waiver of its sovereign immunity for injunctive or declaratory relief only in favor of the City for the enforcement of the terms of this Agreement. Venue for any actions shall be in the Superior Court of Clallam County, Washington. Section 8. Amendments. This Agreement may be amended in writing by the Parties. The Parties will meet as necessary to review this Agreement and the Parties' performance of their obligations under it. To the extent that either Party believes that the Agreement should be amended,the Parties agree to negotiate on such amendments in good faith in order to further the objectives of this Agreement. Section 9. No Third Party Beneficiaries. This Agreement is not intended to, and shall not be construed to, create any right on the part of a third party to bring an action to enforce any of its terms. Section 10. Term. This Agreement shall become effective upon its execution by the Parties hereto, except that Municipal Services Agreement Page 3 of 4 Sections 2, 3, 4, and 5 will become effective upon the final acceptance and transfer of the property in trust to the United States for the benefit of the Tribe. This Agreement shall continue during the period oftime that business operations related to the Heritage Center are conducted,provided that, either party may terminate this Agreement for cause upon 30 days written notice after the dispute resolution processes of subparts A and B of Section 6 of this Agreement have been exhausted. WHEREFORE, IN WETNESS THEREOF, the Parties hereby execute and enter into this Agreement with the intent to be bound through their representatives, whose signatures are affixed below. LOWER ELWHA KLALLAM TRIBE CITY OF PORT ANGELES By Ld.X\C�� Ga By: Frances G. Charles, Chairperson Dan Di Guilio, Mayor bc)q z t 6 16 ate ate tK Municipal Services Agreement Page 4 of 4 CITY of PORT ANGELES Potental Method of Calculating Payment in Lieu of Taxes for Fee-to-Trust Properties III SIM Payment Calculation for Year: 2014 r Value,of property would be adjusted annually by the Clallam $ 280;006 County Assessor r r - Regular.property tax levy as catcutated on.an armual basis by • the Clallam County Assessor F I fi' r 140mina9 property tax calculation: Assessed Value{AV}I • • • • ' + T ' �0 1,008 x Levy Rate=.Tax collection i $ 4 992��700 00,; X2,580,400 OOk Discount calculation of Pubiic5afety{Police&Fire}as a, i $r Z,57r$;1b0 Q0 percent of the,Clty of Port Angeles General Fund, The ¢ x nominal property tax amount'due is dlsi punted{multiplied} ��:9 by thePUbhc Safety percentage.of the General Fund to .•- 32A6 O caicu(ate the iscount payment due in lieu of taxes. k�a r Z;t h W y C:\Documents and Settings\dmckeen\Local Settings\Temporary Internet Files\Content.Outlook\DES4CSSR\LEKT--FEE to Trust WorkRiaaafion Date: July 15,2013 Sheetl 10f 1 Print Date: 7/16/2014 8:15 AM EXHIBIT A Municipal Services Agreement Lower Elwha Klallam Tribe and City of Port Angeles, WA The following is the legal description of the parcel located at 401 East First Street, Port Angeles, WA, where the Lower Elwha Klallam Tribe's Heritage Center is located, which is the subject of the Municipal Services Agreement to which this Exhibit A is attached: PARCEL A: Lots 10, 11, and 12, Block 19, L.B. Stratton's Subdivision of the Townsite of Port Angeles, as per Plat thereof recorded in Volume 1 of Plats, Page 40, Records of Clallam County, Washington. Situate in Clallam County, State of Washington. PARCEL 6: Lot 12, Block 19, Norman R. Smith's Subdivision of the Townsite of Port Angeles, as per Plat thereof recorded in Volume K of Deeds, Page 1, Records of Clallam County, Washington. Situate in Clallam County, State of Washington. Containing 0.482 acres, more or less. Lower Elwha Klallam Tribe, 2851 Lower Elwha Road, Port Angeles,WA 98363 lipRESOLUTION 4 57-14 Approval of Municipal Services Agreement With City of Port Angeles WHEREAS, the Lower Elwha Community Council is the governing body of the Lower Elwha Tribal Community in accordance with its Constitution and By-laws, approved by the Secretary of the Interior on April 29, 1968; the Indian Reorganization Act of June 18, 1934; and the Treaty of Point-No-Point of January 26, 1855, and WHEREAS, the Lower Elwha Klallam Tribal Business Committee of the Lower Elwha Community Council is the duly elected representative body of the Tribe, and is responsible for ensuring the health, safety, education, welfare, social and economic development, law and order, judicial services, and housing of its tribal citizens; and to preserve and protect the culture, treaty rights, natural resources, and otherwise promoting the welfare and interests of its tribal citizens; and WHEREAS, under Article IV, Section 1(a) and 1(b), respectively, of the Tribe's Constitution, the Tribe has the authority to enter into agreements with local governments and to acquire real property and interests in lands, and to manage same, outside the boundaries of the Lower Elwha Reservation; and WHEREAS, the Tribe has acquired a parcel located at 401 East First Street in the City of Port Angeles, WA, and has developed its multi-purpose Heritage Center at this site; and WHEREAS,the Tribe desires that the Heritage Center property be taken into trust by the United States for the benefit of the Tribe, and the Regional Director of the Bureau of Indian Affairs approved the Tribe's fee-to-trust application for the Heritage Center by Notice of Decision dated October 25, 2012; and WHEREAS, the City of Port Angeles has appealed the Regional Director's decision to the Interior Board of Indian Appeals, seeking resolution of issues related to payment to the City for provision of municipal services to the Heritage Center once the property is placed in trust and becomes exempt from state and local taxation and to land use planning in the event of changes in the Tribe's use of the property; and WHEREAS, the Tribe and the City desire to resolve the issues presented by the City's appeal through a negotiated agreement, and to that end have negotiated the attached Municipal Services Agreement under which the Tribe will, among other things, provide annual payments for the municipal services received at the property, and the City will dismiss its appeal and support the Tribe's fee-to-trust application. Resolution No. 57-14 Approval of Municipal Services Agreement Page 1 of 2 Lower Elwha Klallam Tribe, 2851 Lower Elwha Road, Port Angeles, WA 98363 Therefore Be It Now Resolved That, the Lower Elwha Klallam Tribal Business Committee hereby: approves the attached Municipal Services Agreement between the Lower Elwha Klallam Tribe and the City of Port Angeles, Washington, which sets forth the terms under which the Tribe will provide payments to the City for certain municipal services to its Heritage Center facility and the City will support the acquisition of the parcel in trust by the United States and withdraw all appeals challenging such acquisition in trust; and authorizes and directs the Tribal Chairperson or her designee to execute the Agreement on behalf of the Tribe. CERTIFICATION This resolution was formally adopted by the Business Committee on the 1 It" day of September 2014, by a vote of 2 FOR, 0 AGAINST, and 0 ABSTAIN. Frances G. Charles, Tribal Chair Counci ember Resolution No. 57-14 Approval of Municipal Services Agreement Page 2 of 2 LOWER ELWHA KLALLAM TRIBE ?a?l-x'a nax'"sXayam "Strong People" 2851 Lower Elwha Road Phone: 360.452.8471 Port Angeles, WA 98363 Fax: 360.452.3428 Office of General Counsel September 30, 2014 William Bloor, City Attorney Legal Department City of Port Angeles P.O. Box 1150 Port Angeles, WA 98362 Re: Transmission of signed originals of Municipal Services Agreement Dear Bill: Enclosed are three (3) originals of the above-referenced Agreement signed by Lower Elwha Chairperson Frances Charles, along with three originals of the approving Tribal Council Resolution. Once the City has executed, we would like one original for our files. Thank you for patience and assistance in working this out. Sincerely, Stephen H. Suagee General Counsel Enclosures