For more information contact:
Jim Darling, Port Executive Director: 360-676-2500
Joan Hoisington, City Attorney: 360-927-0087
City and Port Reach Agreement on Airport Water Service
[Bellingham, Wash.] This week the Port of Bellingham and the City of Bellingham reached an agreement to suspend a lawsuit regarding water service and annexation in and around the Port's airport properties. The agreement was signed by both parties today.
This "standstill agreement" was authorized by the Port Commission and the City Council at their meetings this week. It keeps the lawsuit in place, but the parties agree to not move the lawsuit forward while working jointly on details of an annexation agreement. The standstill agreement notes that the City would not pursue annexation of the airport and airport-related properties, but would instead focus its annexation on the adjacent airport industrial park area.
"It makes sense to define the terms under which we would agree to annexation of the industrial properties, while at the same time recognize the airport as an essential transportation facility with unique planning and service requirements," said Port Executive Director Jim Darling.
As part of the standstill agreement, the City agreed to provide water to two Port tenants, Pacific Cataract and Laser Institute and Homeland Security, to enable them to move forward with building projects. These two tenants are seeking immediate development of their projects, one of which will become the 2010 Olympic Coordination Center for Homeland Security. The Port has waived its claim for damages due to the delay in leasing those properties.
"The standstill agreement recognizes common ground between the parties and recognizes the partnership and good faith needed to resolve issues between the jurisdictions," said Mayor Dan Pike. The agreement also supports the City's interest in coordinating urban development with urban services, which is the City's responsibility under the Growth Management Act. In addition, the agreement furthers the Port's interest in operating an economically viable airport facility for the citizens of Whatcom County.
The Port and City were able to reach agreement on basic parameters for resolution of the dispute and will work together to determine the terms of an annexation agreement. The annexation agreement will define a myriad of issues including such things as road maintenance, zoning, and stormwater management. The Port and the City agree that, fundamentally, the industrial area near the airport would be annexed into the City, while the airfield and aviation-related properties would remain outside of the City in a newly created airport operations zone, which would remain in the County but would no longer be in the City's Urban Growth Area.
The parties are confident that the final annexation agreement can be completed. The parties have agreed that in the interim, the City reserves the right to determine whether to provide new water and sewer service in the industrial area intended to be annexed but will provide water and sewer service to airport operations.
