HomeMy WebLinkAbout2022.05.23 Council Special Meeting Packet
AGENDA
City Council Special Meeting
7:00 PM - Monday, May 23, 2022
City Council Chambers & GoToWebinar
Page
1. MEETING INSTRUCTIONS for REMOTE ACCESS - Individuals, who would
like to provide comment related to a public hearing item remotely, may
continue to do so by filling out the online form via the City’s website
(www.pasco-wa.gov/publiccomment) to obtain access information to
comment. Requests to comment in meetings must be received by 4:00 p.m.
on the day of this meeting.
To listen to the meeting via phone, call (631) 992-3211 and use access code
613-585-088.
City Council meetings are broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-
wa.gov/psctvlive and on the City’s Facebook page at
www.facebook.com/cityofPasco.
2. CALL TO ORDER
3. ROLL CALL
(a) Pledge of Allegiance
4. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO
3 - 74 (a) Public Hearing and Ordinance - Eickmeyer-Roundy Annexation
(ANX 2022-002)
CONDUCT A PUBLIC HEARING
MOTION: I move to adopt Ordinance No. 4591, relating to annexation
and annexing certain real property to the City of Pasco, and further,
authorize publication by summary only.
Page 1 of 231
75 - 160 (b) Public Hearing and Ordinance for Formation of Sewer LID in the
East UGA Expansion Area
CONDUCT A PUBLIC HEARING:
MOTION: I move to adopt Ordinance No. 4592, relating to
improvements for a new sanitary sewer main, lift station, and other
sewer improvements in the City’s East Urban Growth Area (UGA)
Expansion (collectively, the “improvements”); ordering the
improvements of full sanitary sewer construction consistent with City
Council Resolution No. 4174; establishing Local Improvement District
No. 152, and ordering the carrying out of the proposed improvements;
providing that payment for the improvements be made by special
assessments upon the property in the district, payable by the mode of
“payment by bonds;” and, providing for the issuance and sale o f local
improvement district warrants redeemable in cash or other short-term
financing and local improvement district bonds for Option ___, as
presented, and further, authorize publication by summary only.
5. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
161 - 200 (a) Resolution - One Washington Memorandum of Understanding
with Washington State Municipalities
MOTION: I move to approve Resolution No. 4188, approving the One
Washington Memorandum of Understanding (MOU) between
Washington State municipalities and, further, authorize the City
Manager to execute the MOU.
201 - 231 (b) Resolution - Amendment to the Emergency Personal Services
Agreement with Benton Franklin Humane Society for Animal
Control Services
MOTION: I move to approve Resolution No. 4189, authorizing the City
Manager to execute an amendment to the emergency Personal
Services Agreement with the Benton Franklin Humane Society for
animal control and sheltering services to extend the agreement.
6. ADJOURNMENT
Page 2 of 231
AGENDA REPORT
FOR: City Council May 19, 2022
TO: Dave Zabell, City Manager City Council Special
Meeting: 5/23/22
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Public Hearing and Ordinance - Eickmeyer-Roundy Annexation (ANX
2022-002)
I. REFERENCE(S):
Ordinance
Overview Map
Vicinity Map
Notice of Intent to Commence Annexation
Assessor's Certification
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
CONDUCT A PUBLIC HEARING
MOTION: I move to adopt Ordinance No. ______, relating to annexation and
annexing certain real property to the City of Pasco, and further, authorize
publication by summary only.
III. FISCAL IMPACT:
The addition of $51,141,300.00 to the total assessed value of the City,
providing for future developable land within the current Urban Growth Area and
the commensurate responsibility of providing government services to
development.
IV. HISTORY AND FACTS BRIEF:
The owners of property located in and around Roads 68 and 100 between the
northern City Limits Line and the City's Urban Growth Boundary submitted a
Notice of Intent to Commence Annexation.
Page 3 of 231
On May 2, 2022, Council approved Resolution No. 4177 accepting a Notice of
Intent to commence annexation and determined the City geographically modify
(enlarge) the proposed annexation; will not require the simultaneous adoption of
a proposed zoning regulation; and will require the assumption of all or any
portion of existing City indebtedness by the area to be annexed.
On May 18, 2022, the City received a petition containing the signatures of
property owners representing at least sixty (60) percent of the assessed value
of an area proposed for annexation. The County Assessor has certified that the
petition contained the signatures of property owners representing at least sixty
(60) percent of the assessed value of the proposed annexation area.
V. DISCUSSION:
The proposed annexation will cause the area in question to be annexed to the
City subject to the following conditions:
1. The Pasco Comprehensive Plan will be applicable to the area.
2. The annexation area will assume proportionate and existing bonded
indebtedness.
3. The annexation area will be assigned to City Council District No. 3.
The Hearing Examiner will conduct a zoning determination hearing for the
proposed annexation area at a date not yet determined. The Hearing Examiner
recommendation will come to Council as a quasi-judicial item at the conclusion
of the public hearing process for the zoning.
The annexation will ultimately result in much needed commercial and residential
development opportunities for the citizens of Pasco.
Page 4 of 231
Ordinance – Eickmeyer-Roundy Annexation (ANX 2022-002) - 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
Attn: City Clerk
525 North 3rd Avenue
Pasco, WA 99301
____________________________________________________________________________
ORDINANCE NO. 4591
AN ORDINANCE RELATING TO ANNEXATION AND ANNEXING
CERTAIN REAL PROPERTY TO THE CITY OF PASCO.
WHEREAS, the City Council of the City of Pasco received a petition application
completed by Lee Eickmeyer, Jeff Garrett, Teresa Garrett, Jacqueline L. Hanson, Randy Mullen,
Amy Roundy, Diane Roundy, Glen Roundy, Stacy Roundy, Lori Simpson, Kari Spikkeland, Mark
Sullivan, Mary Jo Sullivan, and Kristine E Weitz, owners of no less than ten (10) percent of certain
property on April 8, 2022, meeting the requirements of RCW 35A.14.120; and
WHEREAS, a meeting with the initiating parties on the proposed annexation application
was held on May 2, 2022, wherein City Council passed Resolution No. 4177, accepting the intent
to annex, determining the property will be required to assume all proportionate bonded
indebtedness, determining that simultaneous zoning will not be required, and determining the
property to be annexed as set forth in Section 1 below (Property); and
WHEREAS, the City received a petition signed by not less than sixty (60) percent owners
of the Property; and
WHEREAS, the petition meets the requirements of RCW 35A.01.040 and was certified to
be sufficient by the Franklin County Assessor on May 20, 2022; and
WHEREAS, notice of the public hearing on the proposed annexation has been published
and posted as required by law; and.
WHEREAS, a public hearing on the annexation was held on May 23, 2022; and
WHEREAS, the proposal is consistent with the Franklin County Comprehensive Plan, and
annexation of the property is found to be in the public interest.
Page 5 of 231
Ordinance – Eickmeyer-Roundy Annexation (ANX 2022-002) - 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That the following described area, situated in Franklin County, Washington to-
wit:
Consisting of Tax Parcels 124310129, 124310147, 124310227, 124310290,
124310281, 124310263, 124310300, 115180044, 115180043, 115010041,
115170039, 115180019, 124310067, 124310085, 124310272, 124320118,
124310254, 115180030, 115170048, 124310111, 115170067, 115180042,
124330189, 115170078, 115010032, 115170076, 115170079, 115170077,
described as follows:
THOSE PORTIONS OF SECTIONS 4, 5 AND 6 OF TOWNSHIP 9 NORTH
RANGE 29 EAST AND SECTIONS 31 AND 32 OF TOWNSHIP 10 NORTH
RANGE 29 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY
LINE OF BURNS ROAD AND THE SOUTHERLY EXTENSION OF THE EAST
LINE OF ARCHER ESTATES PHASE 2; THENCE NORTH ALONG THE
EXTENDED LINE AND THE EAST LINE OF ARCHER ESTATES PHASE 2
AND CONTINUING NORTH ALONG THE EAST LINE OF ARCHER
ESTATES PHASE 1 TO THE NORTHEAST CORNER OF ARCHER ESTATES
PHASE 1; THENCE WEST ALONG THE NORTH LINE OF ARCHER
ESTATES PHASE 1 TO THE INTERSECTION WITH THE EAST RIGHT OF
WAY LINE OF DENT ROAD; THENCE NORTH ALONG THE EAST RIGHT
OF WAY LINE OF DENT ROAD AND EXTENDING NORTHERLY TO THE
INTERSECTION WITH THE NORTH LINE OF SECTION 6, TOWNSHIP 9
NORTH, RANGE 29 EAST; THENCE WEST ALONG THE NORTH LINE OF
SECTION 6 TO THE NORTHWEST CORNER THEREOF ALSO BEING THE
SOUTHWEST CORNER OF SECTION 31, TOWNSHIP 10 NORTH, RANGE 29
EAST WM; THENCE NORTH ALONG THE WEST LINE OF SAID SECTION
31 TO THE INTERSECTION WITH THE NORTH LINE OF FARM UNIT 66,
IRRIGATION BLOCK 1; THENCE EASTERLY AND NORTHERLY
FOLLOWING THE NORTH LINE OF FARM UNIT 66 TO THE
INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF EASY STREET;
THENCE SOUTH ALONG THE EAST RIGHT OF WAY LINE OF EASY
STREET TO THE INTERSECTION WITH THE NORTH LINE OF FARM UNIT
97, IRRIGATION BLOCK 1; THENCE EASTERLY AND SOUTHERLY
FOLLOWING THE NORTH LINE OF FARM UNIT 97 TO THE
INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF COLUMBIA
RIVER ROAD; THENCE SOUTHERLY ALONG THE EASTERLY RIGHT OF
WAY LINE OF COLUMBIA RIVER ROAD TO THE INTERSECTION THE
SOUTH RIGHT OF WAY LINE OF CLARK ROAD; THENCE EAST ALONG
Page 6 of 231
Ordinance – Eickmeyer-Roundy Annexation (ANX 2022-002) - 3
THE SOUTH RIGHT OF WAY LINE OF CLARK ROAD TO THE
INTERSECTION WITH THE EAST LINE OF SECTION 4, TOWNSHIP 9
NORTH, RANGE 29 EAST, WM; THENCE SOUTH ALONG THE EAST LINE
OF SAID SECTION 4 TO THE EAST QUARTER CORNER OF SAID SECTION
4; THENCE WEST ALONG THE EAST -WEST SECTION LINE OF SECTION
4 TO THE INTERSECTION WITH THE EAST RIGHT OF WAY LINE OF
ROAD 68; THENCE SOUTHERLY ALONG THE EAST RIGHT OF WAY LINE
OF ROAD 68 TO THE INTERSECTION WITH SOUTH LINE OF SECTION 4;
THENCE WEST ALONG THE SAID SOUTH LINE OF SECTION 4 TO THE
INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF ROAD 68;
THENCE NORTHERLY ALONG THE WEST RIGHT OF WAY LINE OF
ROAD 68 TO THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH
HALF OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 9
NORTH, RANGE 29 EAST, WM; THENCE WEST ALONG SAID NORTH
LINE TO THE INTERSECTION WITH THE WEST LINE OF SAID SECTION
4 ALSO BEING THE EAST LINE OF SECTION 5, TOWNSHIP 9 NORTH,
RANGE 29 EAST, WM; THENCE NORTH ALONG THE EAST LINE OF SAID
SECTION 5 TO INTERSECT THE NORTH LINE OF THE SOUTH HALF OF
THE SOUTH HALF OF SAID SECTION 5; THENCE EAST FOLLOWING
SAID NORTH LINE TO THE INTERSECTION WITH THE WEST LINE OF
SAID SECTION 5; THENCE NORTH ALONG THE WEST LINE OF SECTION
5 TO THE INTERSECTION WITH THE SOUTH LINE OF FARM UNIT 77,
IRRIGATION BLOCK 1; THENCE NORTHERLY ALONG THE WESTERLY
LINE OF SAID FARM UNIT 77 TO THE INTERSECTION WITH THE SOUTH
RIGHT OF WAY LINE OF DENT ROAD; THENCE WEST ALONG THE
SOUTH RIGHT OF WAY LINE OF DENT ROAD TO THE INTERSECTION
WITH THE NORTH-SOUTH CENTERLINE OF SECTION 6, TOWNSHIP 9
NORTH, RANGE 29 EAST, WM; THENCE SOUTH ALONG THE NORTH-
SOUTH CENTER LINE OF SAID SECTION 6 TO THE INTERSECTION WITH
THE SOUTH RIGHT OF WAY LINE OF BURNS ROAD; THENCE WEST
ALONG THE SOUTH RIGHT OF WAY LINE OF BURNS ROAD TO THE
POINT OF BEGINNING.
COMPRISING APPROXIMATELY 1,835.71 ACRES, MORE OR LESS.
Together with and subject to Easements, Reservations, Covenants, and Rest rictions, of
record and in View, as depicted in the map attached hereto and labeled Exhibit A and the same is
hereby annexed to the City of Pasco, Washington and is hereby declared to be within the corporate
limits of the City of Pasco.
Section 2. That the Comprehensive Plan of the City of Pasco be and the same is hereby
adopted for the above-described tract of land.
Page 7 of 231
Ordinance – Eickmeyer-Roundy Annexation (ANX 2022-002) - 4
Section 3. That said tract of land shall be required to assume all proportionate and existing
bonded indebtedness of the City of Pasco.
Section 4. That said tract of land shall be in Voting District No. 4.
Section 5. That a certified copy of this Ordinance be and the same shall be filed with the
Franklin County Commissioners.
Section 6. If any portion of this Ordinance is declared invalid or unconstitutional by any
court of competent jurisdiction, such holding shall not affect the validity of the remaining
portion(s) of the Ordinance.
Section 7. This Ordinance shall take full force and effect five (5) days after approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington this 23rd day of May, 2022.
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Published: __________________________
Page 8 of 231
BROADMOOR BlvdDENT RdCOLUMBIA RIVER RdDENT RdROAD 68 N
BURNS RdCLARK RdDENT RdBROADMOOR BlvdROAD 68
BURNS RdUrban Growth BoundaryCITY LIMITSCITY LIMITSCITY LIMITS//0 1,000 2,000 3,000 4,000500FeetExhibit"A"Item: Eickmeyer/Roundy AnnexationApplicant: Lee EickmeyerFile #: ANX 2022-002 / ZD 2022-002LegendCity ProposedEickmeyer-RoundyLayerUrban GrowthBoundaryCity LimitsPage 9 of 231
COLUMBIARIVERCOLUMBIARIVERUrban Growth BoundaryCITYLIMITSCITYLIMITSBenton County WA, Earthstar Geographics••••0 4,000 8,000 12,000 16,0002,000Feet0 4,000 8,000 12,000 16,0002,000FeetOverviewMapSITEItem: Eickmeyer/Roundy AnnexationApplicant: Lee EickmeyerFile #: ANX 2022-002 / ZD 2022-002LegendCity ProposedEickmeyer-RoundyLayerUrban GrowthBoundaryCity LimitsPage 10 of 231
BROADMOOR BlvdDENT RdCOLUMBIA RIVER RdDENT RdROAD 68 N
BURNS RdCLARK RdDENT RdBROADMOOR BlvdROAD 68
BURNS RdUrban Growth BoundaryCITY LIMITSCITY LIMITSCITY LIMITSBenton County WA, Maxar••••0 1,000 2,000 3,000 4,000500Feet0 1,000 2,000 3,000 4,000500FeetVicinityMapItem: Eickmeyer/Roundy AnnexationApplicant: Lee EickmeyerFile #: ANX 2022-002 / ZD 2022-002LegendCity ProposedEickmeyer-RoundyLayerUrban GrowthBoundaryCity LimitsPage 11 of 231
17 May 2022
John Rosenau
1016 North 4th Avenue
Franklin County Assessor
Pasco WA 99301
Dear John:
Community Development Department
PO Box 293, 525 N 3rd Ave, Pasco, WA 99301
P: 509.545.3441 / I': 509.545.3499
Attached is an annexation petition for the Eickmeyer-Roundy Annexation (Master File #ANX
2022-002). The petition appears to represent at least 60 percent of the value for the area
proposed for annexation. Please review the petition for sufficiency in meeting requirements
of the petition method of annexation.
The City Council will hold a hearing on the proposed annexation on May 23, 2022.
Thank you for your timely sufficiency review.
Sincere!
Enclosure: Eickmeyer-Roundy Annexation Annexation Petition
Page 12 of 231
PETITION FOR ANNEXATION TO THE CITY OF PASCO
TO: The City Council of the City of Pasco
525 North Third A venue Pasco, Washington 99301
The undersigned, being the owners of not less than sixty percent (60%), in value, according to the assessed valuation for general taxation, of the real property described in Exhibit "A" attached hereto, lying contiguous to the City of Pasco, Washington, do hereby
petition that such territory be annexed to and made a part of the City of Pasco under the provisions of RCW 35.14.120, et seq., and any amendments thereto, of the State of Washington.
The territory proposed to be annexed is within Franklin County, Washington, and is described in Exhibit "A," attached hereto.
WHEREFORE, the undersigned respectively petition the Honorable City Council and
ask:
(a)That appropriate action be taken to entertain this petition, fixing a date for a
public hearing, causing notice to be published and posted, specifying the time and place of such hearing, and inviting all persons interested to appear and voice approval or disapproval
of such annexation; and,
(b)That following such hearing the City Council determine by Ordinance that
such annexation shall be effective; and that property so annexed shall become a part of the City of Pasco, Washington, subject to its laws and ordinances then and thereafter enforced.
The Petitioners subscribing hereto agree that all property within the territory hereby sought to be annexed shall be required to assume any proportional existing indebtedness and will not require simultaneous adoption of zoning regulations in accordance with the City Council's acceptance of the Notice of Intention to Commence Annexation as indicated in
Resolution No. 4177 as recorded in the May 2, 2022 Council minutes of the City of Pasco, Washington.
This Petition is accompanied by and has attached hereto as Exhibit "B" a diagram which outlines the boundaries of the property sought to be annexed.
WARNING: Every person who signs this petition with any other than his/her name, or who knowingly signs more than one of these petitions, or signs a petition seeking an election
when he/she is not a legal voter, or signs a petition when he/she is otherwise not qualified to sign, or who makes herein any false statement, shall be guilty of a misdemeanor.
1
Page 13 of 231
Exhibit "A"
Legal Description
Eickmeyer /Roundy Annexation (ANX 2022-002)
THOSE PORTIONS OF SECTIONS 4, 5 AND 6 OF TOWNSHIP 9 NORTH RANGE 29 EAST AND SECTIONS 31
AND 32 OF TOWNSHIP 10 NORTH RANGE 29 EAST, W.M., DESCRIBED AS FOLLOWS:
BEGINNING AT THE INTERSECTION OF THE SOUTH RIGHT OF WAY LINE OF BURNS ROAD AND THE
SOUTHERLY EXTENSION OF THE EAST LINE OF ARCHER ESTATES PHASE 2; THENCE NORTH ALONG THE
EXTENDED LINE AND THE EAST LINE OF ARCHER ESTATES PHASE 2 AND CONTINUING NORTH ALONG THE
EAST LINE OF ARCHER ESTATES PHASE 1 TO THE NORTHEAST CORNER OF ARCHER ESTATES PHASE 1;
THENCE WEST ALONG THE NORTH LINE OF ARCHER ESTATES PHASE 1 TO THE INTERSECTION WITH THE
EAST RIGHT OF WAY LINE OF DENT ROAD; THENCE NORTH ALONG THE EAST RIGHT OF WAY LINE OF DENT
ROAD AND EXTENDING NORTHERLY TO THE INTERSECTION WITH THE NORTH LINE OF SECTION 6,
TOWNSHIP 9 NORTH, RANGE 29 EAST; THENCE WEST ALONG THE NORTH LINE OF SECTION 6 TO THE
NORTHWEST CORNER THEREOF ALSO BEING THE SOUTHWEST CORNER OF SECTION 31, TOWNSHIP 10
NORTH, RANGE 29 EAST WM; THENCE NORTH ALONG THE WEST LINE OF SAID SECTION 31 TO THE
INTERSECTION WITH THE NORTH LINE OF FARM UNIT 66, IRRIGATION BLOCK 1; THENCE EASTERLY AND
NORTHERLY FOLLOWING THE NORTH LINE OF FARM UNIT 66 TO THE INTERSECTION WITH THE EAST RIGHT
OF WAY LINE OF EASY STREET; THENCE SOUTH ALONG THE EAST RIGHT OF WAY LINE OF EASY STREET TO
THE INTERSECTION WITH THE NORTH LINE OF FARM UNIT 97, IRRIGATION BLOCK 1; THENCE EASTERLY
AND SOUTHERLY FOLLOWING THE NORTH LINE OF FARM UNIT 97 TO THE INTERSECTION WITH THE EAST
RIGHT OF WAY LINE OF COLUMBIA RIVER ROAD; THENCE SOUTHERLY ALONG THE EASTERLY RIGHT OF
WAY LINE OF COLUMBIA RIVER ROAD TO THE INTERSECTION THE SOUTH RIGHT OF WAY LINE OF CLARK
ROAD; THENCE EAST ALONG THE SOUTH RIGHT OF WAY LINE OF CLARK ROAD TO THE INTERSECTION
WITH THE EAST LINE OF SECTION 4, TOWNSHIP 9 NORTH, RANGE 29 EAST, WM; THENCE SOUTH ALONG
THE EAST LINE OF SAID SECTION 4 TO THE EAST QUARTER CORNER OF SAID SECTION 4; THENCE WEST
ALONG THE EAST -WEST SECTION LINE OF SECTION 4 TO THE INTERSECTION WITH THE EAST RIGHT OF
WAY LINE OF ROAD 68; THENCE SOUTHERLY ALONG THE EAST RIGHT OF WAY LINE OF ROAD 68 TO THE
INTERSECTION WITH SOUTH LINE OF SECTION 4; THENCE WEST ALONG THE SAID SOUTH LINE OF SECTION
4 TO THE INTERSECTION WITH THE WEST RIGHT OF WAY LINE OF ROAD 68; THENCE NORTHERLY ALONG
THE WEST RIGHT OF WAY LINE OF ROAD 68 TO THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF
OF THE SOUTHWEST QUARTER OF SECTION 4, TOWNSHIP 9 NORTH, RANGE 29 EAST, WM; THENCE WEST
ALONG SAID NORTH LINE TO THE INTERSECTION WITH THE WEST LINE OF SAID SECTION 4 ALSO BEING
THE EAST LINE OF SECTION 5, TOWNSHIP 9 NORTH, RANGE 29 EAST, WM; THENCE NORTH ALONG THE
EAST LINE OF SAID SECTION 5 TO INTERSECT THE NORTH LINE OF THE SOUTH HALF OF THE SOUTH HALF
OF SAID SECTIONS; THENCE EAST FOLLOWING SAID NORTH LINE TO THE INTERSECTION WITH THE WEST
LINE OF SAID SECTION S; THENCE NORTH ALONG THE WEST LINE OF SECTION 5 TO THE INTERSECTION
WITH THE SOUTH LINE OF FARM UNIT 77, IRRIGATION BLOCK 1; THENCE NORTHERLY ALONG THE
WESTERLY LINE OF SAID FARM UNIT 77 TO THE INTERSECTION WITH THE SOUTH RIGHT OF WAY LINE OF
DENT ROAD; THENCE WEST ALONG THE SOUTH RIGHT OF WAY LINE OF DENT ROAD TO THE INTERSECTION
WITH THE NORTH-SOUTH CENTERLINE OF SECTION 6, TOWNSHIP 9 NORTH, RANGE 29 EAST, WM; THENCE
SOUTH ALONG THE NORTH-SOUTH CENTER LINE OF SAID SECTION 6 TO THE INTERSECTION WITH THE
Page 14 of 231
SOUTH RIGHT OF WAY LINE OF BURNS ROAD; THENCE WEST ALONG THE SOUTH RIGHT OF WAY LINE OF
BURNS ROAD TO THE POINT OF BEGINNING.
COMPRISING APPROXIMATELY 1,835.71 ACRES, MORE OR LESS.
Page 15 of 231
r-----------------------------------------------------------------------------------------------.'
Exhibit "B"
Feet
Item: Eickmeyer/Roundy Annexation
Applicant: Lee Eickmeyer
File #: ANX 2022-002 / ZD 2022-002
3,000 4,00 I
Legend
�
City Proposed
'\.
Eickmeyer-Roundy
,.. er
' Urban Growth
J�� :;;� Bounda� � , , ,\ccJzz ,«� c::::::I City Limits
-� �-�t'�
W+E Page 16 of 231
PRAYER OF PETITION: (1) Annexation of area described and depicted in Exhibits "A"
and 11B", (2) assuming any proportional indebtedness of the City of Pasco, and without (3) simultaneous adoption of the City of Pasco Zoning Regulations.
OWNER'S SIGNATURE
1.£J wW�
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
PRINT NAME/ADDRESS
2
DATE SIGNED
Page 17 of 231
2
Page 18 of 231
2
Page 19 of 231
PRAYER OF PETITION: (1) Annexation of area described and depicted in Exhibits "A" and "B", (2) assuming any proportional indebtedness of the City of Pasco, and without (3) simultaneous adoption of the City of Pasco Zoning Regulations.
2.
3.
4.
5.
6.
7.
8.
9.
10.
11.
12.
DATE SIGNED
r ( <;7) ,C-lt -1 1------I 7--2 l
1is'JB) 1t1 C,w��A-Sf -J.V, 8J V _gq/23 I
2
Page 20 of 231
4.
Page 21 of 231
Glen Roundy
Diane Roundy
Stacy Roundy
Amy Roundy
Teresa Garrett
Jeff Garrett
2
Page 22 of 231
Affidavit of Signature for
Annexation Notice of Intent and Petition
Under the penalty of perjury, I declare under oath, that I am a horized to sign deeds and
encumbrances on behalf of c 7,1/ -¼ t?�,r ..,,.,( Lt.L JJ , and I am further
authorized to sign other documents i eluding Notices of ntent and Petitions.
Signature
)
): ss.
State of Washington
�A ... \JIL..:. County of_����-�--
Date
)
I certify that I know or have satisfactory evidence that To.M:\l\ 'N 'hl\� is the
person who appeared before me, and said person acknowledged that &she) signed this
instrument, on oath stated that 0/she) was authorized to execute the instrument and
acknowledged it <lS..JW�=======�===::-t�====================�1to
be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Given under my hand and �al this 1 � day of
------'�'------""--.::....:....P..---'------' p()() ';.)..
����� NOTARY PUBLIC in and for the State of
Washington
Residing at:
My Commission Expires:
D ":> -\ \ � ""2.-<"'
Page 23 of 231
Affidavit of Signature for
Annexation Notice oflntent and Petition
Under the penalty of perjury, I declare un r oath, that I am authorized to sign deeds andencumbrances on behalf of ,' Y , and I am furtherauthorized to sign other documents including Notices of Intent and Petitions.
�1?::lj,i[; :;;;:� S1gna
State of Washington ) ·----/,./r ): County of /mtt.1(/t le )
Date? /
I certify that I know or have satisfactory evidence that 1 ( Ii (/t{\is theperson who appeared before me, and said person acknowledged that /she) signed thisinstrument, on oath stated that @)ils!t' was authorized to execute the instrument andacknowledged it as the a hi{ e..xo � of µ-,c:r/J c✓zfl tobe the free and voluntary act of such party for the uses and purposeTmentioned in the instrument.
KATIE RUMPLE NOTARY PUBLIC #189461 STATE OF WASHfNGTON COMMISSION EXPIRES ,,.DECEMBER 9, 2025
Given under my hand and official seal this 17 day of tzd�J� NOTARY PUBLIC in and for die State ofWashington
V CL SGD 1 tA)YJ-Residing at:
My Cmpmijsion Expires:\tJ.l9 _ 1.,,02,,S
Page 24 of 231
Affidavit of Signature for
Annexation Notice oflntent and Petition
Under the penalty of perjury, I declare. und oath, that I am authorized to sign deeds and encumbrances on behalf of 'Yl�Jr-U,.J{) 0.-/ l1 VCLV\...I , and I am further authorized to sign other documents including Notices of Intent and Petitions.
.----/_ I ): SS.
State of Washington ¼ )
County of f:J,1:Zt,11]1/2 )
I certify that I know or have satisfactory evidence that -+1---U.....::.-----+--'---::,ai,t'-'--'--'----"-'--"-'--' person who appeared before me, and aid person acknowledged tha (he/ e signed this
instrument, on oath stated tha (he/ ) was authorized to execute the instrument and
acknowledged it as the ) 'A(); of y Y{ per +LI to
be the free and voluntary act of such party for the uses and pJrposes mentiorled in the instrument.
KATIE RUMPLE " NOTARY PUBLIC #169461STATE OF WASHINGTONCOMMISSION EXPIRESDECEMBER 9, 2025 �
NOTARY PUBLIC in and for the State of Washington
Page 25 of 231
Affidavit of Signature for
Annexation Notice of Intent and Petition
Under the penalty of perjury, I declare)Zder oath, that I am authorized to sign deeds andencumbrances on behalf of kc& & ;;�..,._-, and I am furtherauthorized to sign other documents includingotices of Intent and Petitions.
State of Washington )
County of fuMJ �j I (l ): ss.
)
S-/)-6)a2 Date
I certify that I know or have satisfactory evidence that Le,-e [i CL� ev is theperson who appeared before me, ap__d said person acknowledged that � I �signed thisinstrument, on oath stated that ((heishe) was authorized to execute the instrument andacknowledged it as the c'.'.()lCtt_X.a-ho() of prop<tr{--u to be the free and voluntary act of such party for the uses and purposes mentiohed in the instrument.
KATIE RUMPLE -... NOTARY PUBLIC 1169461 STATE OF WASHINGTON COMMISSION EXPIRES ,..DECEMBER 9, 2025__.
Given under my hand and official seal this __jJ_ day of �k , 7,D'Jl--
�±!_� ID'fN_NOTARY PUBLIC in and for the State ofWashington
\J Ct,S U) I
LO frsiding at:
M__y Com7ission Expires:, LI�� 2::D2-5
Page 26 of 231
Affidavit of Signature for
Annexation Notice oflntent and Petition
Under the penalty of perjury, I declare under oath, that I am authorized to sign deeds and encumbrances on behalf of J('� ( <;;tf ).J E (J £ (T "Z...., , and I am further authorized o sign other documents inc uding Notices of Intent and Petitions. /1 \
State of Washington )
�,. \.,- \ . ): ss.County o(u�lLl(\\.--'.\ \ (\ )
Date
I certify that I know or have satisfactory evidence that in'S+7nt,, Wei±zis theperson who appeared before me, and said person acknowledged that (he� signed thisinstrument, on oath stated that (h� :as authorized to execute the mstrument andacknowledged it as the G a (\.QA{,( {\ of p Cu V U8{ tobe the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
KATIE RUMPLE NOTARY PUBLIC #169461 STATE OF WASHINGTON COMMISSION EXPIRES DECEMBER 9, 2025
Given under my hand and official seal this _JJ_ day of J<lcli�� NOTARY PUBLIC in and for the State ofWashington
IJ VJ Residing at: r C\_�() , l,t; rr My Commission Expires: 17-, I q l 1---0 2 cs
Page 27 of 231
Affidavit of Signature for Annexation Notice of Intent and Petition
Under the penalty of perjury, I declare under oath, that I am authorized to sign deeds and encumbrances on behalf of __________________ , and I am further authorized to sign other documents including Notices of Intent and Petitions.
,) /) // . e, ,, �f
' ,. �� l-C�lv½-�iC�-
/ , __
State of Washington )
f\ I ,,. _ . ): ss.
County of L,All./YL •. t,_,.. )
Date
I certify that I know or have satisfactory evidence that l""' is the
person who appeared before me, an�t person ac�owledged that (h she) igned this
instrument, on oath stated that (h�as authonzed to execute the instrument and
acknowledged · to
be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
NOTARY PUBLIC
STATE OF WASHINGTON
KACEY L SOUKI MY COMMISSION EXPIRES
DECEMBER 15, 2026
COMMISSION# 2053
17 dayof
�
or the State of
Washington u R.esiding at: L vi1os;. lJA
Page 28 of 231
Affidavit of Signature for
Annexation Notice of Intent and Petition
Under the penalty of perjury, l declare under oath, that I am authorized to sign deeds and
encumbran ces on behalf of Columbia Waters Farm, LLC , and l am further
authorized to sign other documents including Notices of Intent and Petitions.
State of Washington
County of Franklin ) ): ss.
)
I certify that I know or have satisfactory evidence that Glen Roundy is the
person who appeared before me, and said person acknowledged that (he/she) signeci this
instrument, on oath stated that (he/she) was authorized to execute the instrument and
acknowled ged it as the Governor/Memb er of Columbia Waters Farm, LLC to
be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Given under my hand and official seal this __ day of
May ,2020
NOTARY PUBLIC in and for the State of
Washington
Residing at:
Franklin County
My Commission Expires:
Dec 21. 2024
Page 29 of 231
Columbia Waters Farm. LLC ,
Franklin
)
)
Diane Roundy
Governor/Membe r
May ,2020
Franklin County
Dec 21. 2024
Page 30 of 231
Affidavit of Signature for
Annexation Notice of Intent and Petition
Under the penalty of perjury, 1 declare under oath, that I am authorized to sign deeds and
encumbrance s on behalf of Columbia Water s Farm, LLC , and I am further
authorized to sign other documents including Notices of intent and Petitions.
State of Washington
County of Franklin ) ): ss.
� \b, 2022
e
)
I certify that I know or have satisfactory evidence that Stacy Roundy is the
person who appeared before me, and said person acknowledged that (he/she) signed this
instrument, on oath stated that (he/she) was authorized to execute the instrument and
acknowle dged it as the Governor/Member of Columbia Waters Farm. LLC to
be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Given under my hand and official seal this __ day of
May , 2020
�C:{d).�
NOTARY PUBLIC in and for the State of
Washington
Residing at:
Franklin County
My Commission Expires:
Dec 21, 2024
Page 31 of 231
Affidavit of Signature for
Annexation Notice of Intent and Petition
Under the penalty of perjury, T declare under oath, that I am authorized
encumbrances on behalf of Columbia Waters Farm, LLC
to sign deeds and
, and T am further
authorized to sign other docum)fts including Notices of intent and Petitions.
� ◊· -
State of Washington
County of Franklin ) ): ss.
Date
)
I certify that I know or have satisfactory evidence that Amy Roundy is the
person who appeared before me, and said person acknowledged that (he/she) signed this
instrwnent, on oath stated that (he/she) was authorized to execute the instrument and acknowled ged it as the Governor/Member of Columbia Waters Farm, LLC to
be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Given under my hand and official seal this __ day of
May , 2020
NOTARY PUBLIC in and for the State of
Washington
Residing at:
Franklin County
My Commission Expires:
Dec 21, 2024
Page 32 of 231
Affidavit of Signature for
Annexation Notice of Intent and Petition
Under the penalty of perjury, l declare under oath, that I am authorized to sign deeds and
encumbrances on behalf of Columbia Waters Farm. LLC , and I am further
authorized to sign other documents including Notices of intent and Petitions.
��>I'� Signature Tere sa Garrett
State of Washington
County of Franklin
)
): ss.
\A� / l.,t � Dtirl Date
)
I certify that I know or have satisfactory evidence that Teresa Garrett is the
person who appeared before me, and said person acknowledged that (he/she) signed this
instrument, on oath stated that (he/she) was authorized to execute the instrument and
acknowledged it as the Governor/Member of Columbia Waters Farm. LLC to
be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Given under my hand and official seal this __ day of
May , 2020
NOTARY PUBLIC in and for the State of
Washington
Residing at:
Franklin C ou nt y
My Commission Expires:
Dec 21, 2024
Page 33 of 231
Affidavit of Signature for
Annexation Notice of Intent and Petition
Under the penalty of perjury, I declare under oath, that I am authorized to sign deeds and
encumbrances on behalf of Columbia Waters Farm. LL C , and I am further
authorized to sign other documents including Notices of intent and Petitions.
State of Washington
County of Franklin ) ): ss.
)
I certify that I know or have satisfactory evidence that Jeff Garrett is the
person who appeared before me, and said person acknowledged that (he/she) signed this
instrument, on oath stated that (he/she) was authorized to execute the instrument and
acknowled ged it as the Governor/Member of Columbia Waters Farm. LL C to
be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Given under my hand and official seal this __ day of
May , 2020
NOTARY PUBLIC in and for the State of
Washington
Residing at:
Franklin County
My Commission Expires:
Dec 21. 2024
Page 34 of 231
I
PRAYER OF PETITION: (1) Annexation of area described and depicted in Exhibits "A"
and "B", (2) assuming any proportional indebtedness of the City of Pasco, and without (3)
simultaneous adoption of the City of Pasco Zoning Regulations.
DATE
OWNER'S SIGN��
INT NAME/ADDRESS SIGNED
3.
4.
5.
6.
7.
8.
9. 10. 11. 12. 2 Page 35 of 231
Affidavit of Signature for
Annexation Notice oflntent and Petition
State of Washington
County of �
) ): ss.
)
I certify that I know or have satisfactory evidence that {?eicn M' 12-. \Jct1nM.t11s the
person who appeared before me, and said person acknowledged that (he/she) signed this
instrument, on oath stated that (he/she) was authorized to execute the instrument and
acknowledged it as the °'-�\.')·· 1'Y'\ --fuct of f2.-ev:vLt lvLl&t t --e,n to
be the free and voluntary act of sucli party for the uses and purposes meitioned in the instrument.
SARA C ESPINOZA NOTARY PUBLIC #98142
STATE OF WASHINGTON
COMMISSION EXPIRES
SEPTEMBER 9, 2023
Given under my hand and official seal this I 'Tl-1".I day of
YY\OUj '�
��
NOTARY PUBLIC in and for the State of
Washington
Residing at:
My Commission Expires:
�( �{'.2?
Page 36 of 231
Affidavit of Signature for
Annexation Notice of Intent and Petition
Under the penalty of perjury, I declare under oath, that I am authorized to sign deeds and
encumbrances on behalf of __________________ , and I am further
authorized to sign other documents including Notices oflntent and Petitions.
Signature
State of Washington
County of �
) ): ss.
Date
)
J l\ cqy.e,l,t, '11.(.,, L--•
I certify that I know or have satisfactory evidence that � � is the
person who appeared before me, and said person acknowledged that (he/she) signed this
instrument, on oath stated that (he/she) was authorized to execute the instrument and
acknowledged it as the ___________ of _____________ to
be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
SARA C ESPINOZA
NOTARY PUBLIC #98142
STATE OF WASHINGTON
COMMISSION EXPIRES
SEPTEMBER 9, 2023
Given under my hand and official seal this l 1 -tnday of
� '�
�Cl_
NOTARY PUBLIC in and for the State of
Washington
Residing at:
My Commission Expires:
ti\ lq l�
Page 37 of 231
DURABLE POWER OF ATTORNEY
WITH HEAL TH CARE PROVISIONS
OF
RANDY MULLEN
(Effective Immediately)
I, RANDY MULLEN, now residing and domiciled in the State of Washington, hereby
designate my daughter RANDI HAMMER as my attorney-in-fact in accord with the provisions of
Revised Code of Washington ("RCW") Chapter 11.94.
1.This Durable Power of Attorney shall be effective immediately upon execution and shall
not be affected by either the disability or incompetence of the principal. It shall remain in effect to
the full extent permitted by Washington law until revoked or terminated as provided below. It shall
not be necessary to record this power of attorney for it to become effective.
2.In the construction of this instrnment, the attorney-in-fact shall be deemed to have all
necessary or desirable powers to make decisions concerning my support, maintenance, health,
emergencies and urgent necessities.
3.The attorney-in-fact shall have all powers as are necessary or desirable to provide for the
support, maintenance, health, emergencies and urgent necessities of the principal. My attorney-in
fact is specifically authorized (a) to request, receive and review any information, verbal or written,
regarding my personal affairs or my personal or mental health, including medical and hospital
records; (b) to execute any releases or other documents that may be required in order to obtain such
information; ( c) to disclose such information to such persons, organizations, firms or corporations
as my attorney-in-fact deems appropriate; (d) to employ and discharge medical personnel including
physicians, psychiatrists, dentists, nurses, and therapists as my attorney-in-fact shall deem necessary
for my physical, mental and emotional well-being, and to pay them (or to cause to be paid to them)
reasonable compensation; ( e) to give or withhold consent to any medical procedure, test or
treatment, including surgery; (f) to arrange for my hospitalization, convalescent care, hospice, or
home care; (g) to summon paramedics or other emergency medical personnel and to seek emergency treatment for me, as my attorney-in-fact deems appropriate; and (h) tmder circumstances
in which my attorney-in-fact determines that certain medical procedures, tests or treatments are no
longer of benefit to me, or where the benefits are outweighed by the burdens imposed to withdraw,
revoke, modify or change consent to such procedures, tests and treatments, as well as
hospitalization, convalescent care, hospice or home care which I or my attorney-in-fact may have
previously allowed or consented to or which may have been provided due to emergency conditions;
and (i) exercise my right to privacy and my right to make decisions regarding my medical treatment
to the full extent authorized by RCW 11.94.010(3) and RCW 7.70.065. I authorize my attorney-in
fact to act as my "personal representative" in all matters related to the Health Insurance Portability
and Accountability Act ("HIP AA") for the puJ1poses of obtaining, reviewing, copying, etc., any and
all of my medical and health related records, and for the other authorities described in this section.
This authorization applies to all of my attorneys-in-fact named herein, whether or not agents are
currently serving.
DURABLE POWER OF ATTORNEY -1
/
/,
Page 38 of 231
4.My attorney-in-fact shall have powers over my financial matters, including, without
limitation, control over my assets and liabilities, and shall have the authority to sell, pledge,
transfer, assign, commit or otherwise dispose of any and all assets of the principal including bank
accounts, stocks, bonds, savings certificates, certificates of deposit, treasury bills and real property;
to make gifts of property owned by the principal; to make transfers of the principal' s property to
any trust, whether or not created by the principal (if the trust benefits the principal and does not
have dispositive provisions which are different from those which would have governed the property
had it not been transferred to the trust); to execute assignments of assets and to disclaim property at
the discretion of and if in the opinion of the attorney-in-fact appears appropriate. The attorney-in
fact shall not have the power to revoke or change any estate planning or testamentary documents
previously executed by me except as provided below. With respect to any life insurance policies
insuring my life, this power of attorney shall not authorize or empower my attorney-in-fact to
exercise my incidents of ownership over the same.
5.The attorney-in-fact shall, if the Principal becomes disabled or incompetent as defined
below, specifically have the power and authority to alter, amend, or revoke community property
agreements. Disability shall include the inability on the part of the principal to manage his property
and affairs effectively for reasons such as mental illness, mental deficiency, physical illness or
disability, advanced age, clu·onic use of drugs, chronic intoxication, confinement, detention by a
foreign power or disappearance. Disability may be evidenced by a written statement of a qualified
physician regularly attending the principal and/or by other qualified persons with knowledge of any
confinement, detention or disappearance. Incompetence may also be established by a finding of a
comt having jurisdiction over the incompetent individual.
6.The principal reserves the right to amend, suspend, revoke or terminate this Durable
Power of Attorney by written instrument and by giving written notice of the same to the attorney-in
fact. If this Durable Power of Attorney has been recorded, then any such amendment, suspension,
revocation or termination shall be recorded in the same county where such power was recorded.
7.In accord with the provisions ofRCW 11.94.0lQ, I nominate RANDI HAMMER to
serve as the guardian or limited guardian of my person if protective proceedings are commenced for
my estate or me. The appointment of a guardian of my person does not vest in that guardian the
power to revoke, suspend or terminate this Durable Power of Attorney. A guardian of my estate
only shall not have such power.
8.The death of the principal shall be deemed to revoke this Durable Power of Attorney
upon actual knowledge or actual notice being received by my attorney-in-fact.
9.My attorney-in-fact and any person dealing with her each shall be entitled to rely upon
this Durable Power of Attorney so long as such person has not received actual lmowledge or actual
notice of any amendment, revocation, suspension or termination of the Durable Power of Attorney
by death or otherwise. Any action so taken in good faith, unless otherwise invalid of unenforceable,
shall be binding on the heirs, devisees, legatees or personal representative of the principal.
DURABLE POWER OF ATTORNEY - 2
Page 39 of 231
10.The estate of the principal shall hold harn1less and indemnify my attorney-in-fact from
all liability for acts done for the benefit of the principal in good faith and not in fraud of the
principal.
3 t,-_IN WJTNE� WHEREOF, I have executed this Durable Power _?f Attorney on this
/ dayof ,.,,.. ,2017 . LJM
STA TE OF WASHINGTON )
) §. COUNTY OF BENTON )
RANDY MULLEN
On this day personally appeared before me, the undersigned, a Notary Public in and for
the State of Washington, duly commissioned and sworn, RANDY MULLEN, to me known to be
the individual who executed the foregoing instrument, and acknowledged to me that he signed
the same as his free and voluntary act and deed for the purposes therein mentioned.
\?-)D'\ GIVEN UNDER MY HAND and official seal this---�--day of LA (1 }( OA J
g:\k 16123\durable - rnndy 170313 kb.doc
NOTARY PUBLIC in and for the State
of Washington, residing at fi--)JTTJD CtttA , \},N'..\ My Commission expires 10 -G\ -\:()
DURABLE POWER OF ATTORNEY - 3
, 2017.
Page 40 of 231
KLI Cou TY SSESSO
1883
FENNIEH0 —CHIEFDEPUTY
NIKKI/MORGAN—CHIEFAPPRAIS
JOHN A.ROSENAU -ASSESS
E!VNiEl-IO-CHIEFrpurv
K’/MORGA ~in’F"\PPl‘.A.'S
VALIDATION OF ANNEXATION PETITION
I,John A Rosenau,Franklin County Assessor,do hereby certify that the petition for armexation provided by
the City of Pasco for the unincorporated lands ANX 2022-002 known as the Eickmeyer-Roundy Armexation
located and described in Exhibit “A &B”is suf?cient as far as the percentage of valuation required for the
annexation.
The speci?c assessed validation is as follows:
ASSESSED VALUE SIGNATURES PERCENTAGE
$16,319,400 $13,406,500 82.15%
Franklin County Assessor
loll:N 4"‘Ave AIO4
Pasco,WA 9930!
Phone:509-545-3506
Fax:509-546-5840
Email:jroserau@franklincountywa.gov
ATTEST:
John A Rosenau
FRANKLIN COUNTY ASSESSOR
May 20,2022
Page 41 of 231
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Page 42 of 231
PETITION FOR ANNEXATION TO THE CITY OF PASCO
TO:The City Council of the City of Pasco
525 North Third Avenue
Pasco,Washington 99301
The undersigned,being the owners of not less than sixty percent (60%),in value,
according to the assessed valuation for general taxation,of the real property described in
Exhibit “A”attached hereto,lying contiguous to the City of Pasco,Washington,do hereby
petition that such territory be annexed to and made a part of the City of Pasco under the
provisions of RCW 35.l4.120,et seq.,and any amendments thereto,of the State of
Washington.
The territory proposed to be annexed is within Franklin County,Washington,and is
described in Exhibit “A,”attachedhereto.
WHEREFORE,the undersigned respectively petition the Honorable City Council and
ask:
(a)That appropriate action be taken to entertain this petition,fixing a date for a
public hearing,causing notice to be published and posted,specifying the time and place of
such hearing,and inviting all persons interested to appear and voice approval or disapproval
of such annexation;and,
(b)That following such hearing the City Council detennine by Ordinance that
such annexation shall be effective;and that property so annexed shall become a part of the
City of Pasco,Washington,subject to its laws and ordinances then and thereafter enforced.
The Petitioners subscribing hereto agree that all property within the territory hereby
sought to be annexed shall be required to assume any proportionalexisting indebtedness and
will not require simultaneous adoption of zoning regulations in accordance with the City
Council’s acceptance of the Notice of Intention to Commence Annexation as indicated in
Resolution No.4177 as recorded in the Ma '2 2022 Council minutes of the City of Pasco,
Washington.
This Petition is accompanied by and has attached hereto as Exhibit “B”a diagram
which outlines the boundariesof the property sought to be annexed.
WARNING:Every person who signs this petition with any other than his/her name,or who
knowingly signs more than one of these petitions,or signs a petition seeking an election
when he/she is not a legal voter,or signs a petition when he/she is otherwise not quali?ed to
sign,or who makes herein any false statement,shall be guilty of a misdemeanor.
Page 43 of 231
H'n'
u.
n
n
J
n
Exhibit“A”
Legal Description
Eickmeyer /Roundy Annexation (ANX2022-002)
THOSEPORTIONSOF SECTIONS4,5 AND 6 OF TOWNSHIP9 NORTHRANGE29 EASTAND SECTIONS31
AND32 OF TOWNSHIP10 NORTH RANGE29 EAST,W.M.,DESCRIBEDAS FOLLOWS:
BEGINNINGAT THE INTERSECTIONOF THE SOUTH RIGHT OF WAY LINE OF BURNS ROAD AND TH
E
SOUTHERLYEXTENSIONOF THE EASTLINEOF ARCHERESTATESPHASE2;THENCENORTH ALONG TH
EEXTENDEDLINEANDTHEEASTLINEOFARCHERESTATESPHASE2ANDCONTINUINGNORTHALONGTH
EEASTLINEOFARCHERESTATESPHASE1TOTHENORTHEASTCORNEROFARCHERESTATESPHASE 1;
THENCEWEST ALONGTHE NORTHLINEOF ARCHERESTATESPHASE1 TO THE INTERSECTIONWITH TH
E
EASTRIGHTOF WAY LINEOF DENTROAD;THENCENORTHALONGTHE EASTRIGHTOF WAY LINEOF DEN
T
ROAD AND EXTENDINGNORTHERLYTO THE INTERSECTIONWITH THE NORTH LINEOF SECTION6,
TOWNSHIP 9 NORTH,RANGE29 EAST;THENCEWEST ALONG THE NORTHLINEOF SECTION6 TO TH
ENORTHWESTCORNERTHEREOFALSOBEINGTHESOUTHWESTCORNEROFSECTION31,TOWNSHIP10
NORTH,RANGE29 EAST WM;THENCE NORTHALONGTHE WEST LINEOF SAID SECTION31 TO TH
EINTERSECTIONWITHTHENORTHLINEOFFARMUNIT66,IRRIGATIONBLOCK1;THENCEEASTERLYAN
DNORTHERLYFOLLOWINGTHENORTHLINEOFFARMUNIT66TOTHEINTERSECTIONWITHTHEEASTRIGH
T
OF WAY LINEOF EASYSTREET;THENCESOUTHALONGTHE EASTRIGHTOF WAY LINEOF EASYSTREETTO
THE INTERSECTIONWITH THE NORTH LINEOF FARMUNIT 97,IRRIGATIONBLOCK1;THENCEEASTERL
Y
ANDSOUTHERLYFOLLOWINGTHENORTH LINEOF FARM UNIT97 TO THEINTERSECTIONWITHTHE EAS
T
RIGHTOF WAY LINEOF COLUMBIARIVERROAD;THENCESOUTHERLYALONGTHE EASTERLYRIGHTOF
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ROAD;THENCEEASTALONG THE SOUTHRIGHT OF WAY LINEOF CLARKROAD TO THE INTERSECTIO
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WITHTHE EASTLINEOF SECTION4,TOWNSHIP9 NORTH,RANGE29 EAST,WM;THENCESOUTH ALONG
THE EASTLINEOF SAID SECTION4 TO THE EASTQUARTERCORNEROF SAID SECTION4;THENCEWES
TALONGTHEEAST-WEST SECTIONLINEOF SECTION4 TO THE INTERSECTIONWITH THE EASTRIGHTOF
WAY LINEOF ROAD 68;THENCESOUTHERLYALONGTHEEAST RIGHTOF WAY LINEOF ROAD68 TO THE
INTERSECTIONWITHSOUTH LINEOF SECTION4;THENCEWESTALONGTHESAIDSOUTHLINEOF SECTIO
N4TOTHEINTERSECTIONWITHTHEWESTRIGHTOFWAYLINEOFROAD68;THENCENORTHERLYALONG
THEWESTRIGHTOFWAY LINEOF ROAD 68 TO THENORTH LINEOF THESOUTHHALFOF THESOUTH HAL
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OF THESOUTHWESTQUARTEROF SECTION4,TOWNSHIP9 NORTH,RANGE29 EAST,WM;THENCEWEST
ALONGSAID NORTHLINETO THE INTERSECTIONWITHTHE WEST LINEOF SAID SECTION4 ALSOBEIN
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THE EAST LINEOF SECTION5,TOWNSHIP 9 NORTH,RANGE29 EAST,WM;THENCENORTH ALONGTHE
EASTLINEOF SAIDSECTION5 TO INTERSECTTHE NORTH LINEOF THE SOUTH HALFOF THE SOUTH HAL
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OF SAIDSECTION5;THENCEEASTFOLLOWINGSAIDNORTH LINETO THEINTERSECTIONWITHTHEWEST
LINEOF SAID SECTION5;THENCENORTH ALONGTHE WEST LINEOF SECTION5 TO THE INTERSECTIO
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WITH THE SOUTH LINE OF FARM UNIT 77,IRRIGATIONBLOCK 1;THENCE NORTHERLYALONG THE
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WITHTHENORTH-SOUTHCENTERLINEOF SECTION6,TOWNSHIP9 NORTH,RANGE29 EAST,WM;THENCE
SOUTHALONGTHE NORTH-SOUTHCENTERLINEOF SAIDSECTION6 TO THE INTERSECTIONWITHTHE
Page 44 of 231
SOUTH RIGHTOF WAY LINEOF BURNSROAD;THENCEWESTALONGTHESOUTH RIGHTOF WAY LINEO
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BURNSROADTO THE POINTOF BEGINNING.
COMPRISINGAPPROXIMATELY1,835.71 ACRES,MOREOR LESS.
Page 45 of 231
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Page 46 of 231
PRAYER OF PETITION:(1)Annexationof area described and depicted in Exhibits "A"
and "B",(2)assuming any proportionalindebtedness of the City of Pasco,and without (3)
simultaneous adoption of the City of Pasco Zoning Regulations.
DATE
OWNER’S SIGNATURE PRINT NAME/ADDRESS SIGNED
1 ..
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Page 47 of 231
PRAYEROF PETITION:(1)Annexation of area described and depicted in Exhibits “A"
and "B",(2)assuming any proportional indebtedness of the City of Pasco,and without (3)
simultaneous adoption of the City of Pasco Zoning Regulations.
DATE
OWNER’S SIGNATURE PRINT NAME/ADDRESS SIGNED
10.
11.
3.
2
Page 48 of 231
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/yam;w»>“995/)/
PRAYER OF PETITION:(1)Annexationof area described and depicted in Exhibits "A"
and "B",(2)assuming any proportional indebtedness of the City of Pasco,and without (3)
simultaneous adoption of the City of Pasco Zoning Regulations.
DATE
OWNER’S SIGNATURE PRINT NAME/ADDRESS SIGNED
10.
ll.
12.
Page 49 of 231
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PRAYER OF PETITION:(1)Annexation of area described and depicted in Exhibits "A"
and "B",(2)assuming any proportionalindebtedness of the City of Pasco,and without (3)
simultaneous adoption of the City of Pasco Zoning Regulations.
DATE
OWNER’PRINT NAME/ADDRESS SIGNED
10.
SI GNAIURE
Page 50 of 231
1.
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PRAYER OF PETITION:(1)Annexationof area described and depicted in Exhibits "A"
and "B",(2)assuming any proportionalindebtednessof the City of Pasco,and without (3)
simultaneousadoption of the City of Pasco Zoning Regulations.
DATE
OWNER'S SIGNATURE PRINTNAME/ADDRESS SIGNED
10
ll.
Page 51 of 231
Stacy Roundy
Amy Roundy
PRAYER OF PETITION:(1)Annexation of area described and depicted in Exhibits "A"
and "B“,(2)assuming any proportional indebtedness of the City of Pasco,and without (3)
simultaneous adoption of the City of Pasco Zoning Regulations.
DATE
OWNER’S SIGNATURE PRINT NAME/ADDRESS SIGNED
Glen Roundy
Diane Roundy
Teresa Garrett
ll.
I2.
Jeff Garrett
10.
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Page 52 of 231
OWNER’S SIGNATURE PRJNT NAME/
PRAYER OF PETITION:(1)Annexation of area described and depicted in Exhibits "A"
and "B",(2)assuming any proportional indebtedness of the City of Pasco,and without (3)
simultaneous adoption of the City of Pasco Zoning Regulations.
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Page 53 of 231
Af?davit of Signature for
Annexation Notice of Intent and Petition
Under the penalty of perjury,'I declare underoath,that I am a/gihorizedtosigndeeds and
encumbrances on behalf of __/32¢_,411,5 ,and I am further
authorizedto sign other documents i eluding Notices of ntent and Petitions.
&//L/“5/»?2.422
Signature Date
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State of Washington )
County of )
I certify that I know or have satisfactory evidence that__
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instrument,on oath stated that
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acknowledged it _____
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Page 54 of 231
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Affidavit of Signature for
Annexation Notice of Intent and Petition
Under the penalty of perjury,I declare under oath,that I am authorized to sign deeds and
encumbrances on behalf of ‘#4;
,and I am further
authorized to sign other documents including Notices of Intent and Petitions.
KATIE RUMPLE
STATEOFWASIHNG
§‘:
State of Washington
County of )
I certify that I know or have satisfactory evidence that __m,__g_M
s the
person who appeared before me,andsaid person acknowledged that e/she)signed this
instrument,on oath stated that e;L@2/hi)was authorized to execute the instrument and
acknowledged it as the .3 .of to
be the free and voluntary act of such party for the uses and purposesmentignedin the instrument.
Given under my hand and official seal this day of
NOTARYPUBLIC#
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comussuonexmnssapeceuasn2025
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Page 55 of 231
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Affidavit of Signature for
Annexation Notice of Intent and Petition
Under the penalty of perjury,I declare under oath,that I am authorized to sign deeds and
encumbrances on behalf of and I am further
authorizedto sign other documents includingNotices of Intent and Petitions.
,s2?
State of Washington
County of )
I certify that I know or have satisfactory evidence that
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person who appeared before me,and said person acknowledged signedthis
instrument,on oath stated thal (he/shé)was authorized to execute the instrument and
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KATIERUMPLEnomnvPUBLIC#
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SQECEMBER9,2025
NOTARY PUBLIC in and for the State of
Washington
Residing at:
My CommissionExpires:
DateSign%
Page 56 of 231
Sign e
Under the penalty of perjury,I declare xsderoath,that I am authorized to sign deeds and
encumbrances on behalf of and I am further
authorized to sign other documents including otices of Intent and Petitions.
Affidavit of Signature for
Annexation Notice of Intent and Petition
it as the
_,-,.L_...__....._:——-——L-1-‘-mentioned
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KATIE
NOTARYPUBLIC#
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1
sure orWASHING
TONCOMMISSIONEXPIR
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County of )
I certify that I know or have satisfactory evidence that
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person who appeared before me,said person acknowledged that ((h5:.Vshe)‘signed this
instrument,on oath stated that (LL33/she)was authorized to execute the instrument and
acknowledged of to
be the free and voluntary act of such party for the uses and purposes in the instrument.
Given under my hand and of?cial seal this day of
NOTARY PUBLIC in and for the State of
Washington
Residingat:
-_.._m..~..—____
My ommissionExpires:
zsajh
RUMPL
Date
Page 57 of 231
L
Affidavit of Signature for
Annexation Notice of Intent and Petition
Under the penalty of perjury,I declare under oath,that I am authorized to sign deeds and
encumbrances on behalf of ___,_
and I am further
authorizedtosign other documents including Notices of Intent and Petitions.
M1'SJn"nf,W?t
rCounty )
I certify that I know or have satisfactory evidence that _3
is the
person who appeared before me,and said person acknowledged that (he@)signed this
instrument,on oath stated that (h$@sr)was authorized to execute the mstrument and
1acknowledgeditasthe
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(,>’{_’_‘=1._of to
be the free and voluntary act of such party for the uses and purposesmentioned in the instrument.
Given under my hand and official seal this day of
KATIE RUMPLE
NOTARYPUBLIC#
169461STATEOFWASHING
TON»COMMISSIONEXPIR
JDECEMBER9,2025
“F""€E""""3§
NOTARY PUBLIC in and for the State of
Washington
Residing at:
My CommissionExpires:
State of Washington
Sigxiatu Date
Page 58 of 231
7"2.
Affidavit of Signature for
Annexation Notice of Intent and Petition
Under the penalty of perjury,I declare under oath,that I am authorized to sign deeds and
encumbranceson behalf of and I am furthe
rauthorizedtosignotherdocumentsincludingNoticesofintentandPetitions.
./'
Date
State of Washington )
_'):ss.
Countyof i igggig )
I certify that I know or have satisfactory evidencethat "FYI If §:II?‘1»133:
€‘v1is
the
person who appeared before me,and (1 person acknowledged that (h she)Tsignedthis
instrument,on oath stated that (has authorized to execute the instrument and
acknowledged _,_to
be the fee and voluntary act of such party for the uses and purposes mentionedin the instrument.
Given under my hand and officialseal this I day of
mllv ,7.‘
NOTARYPUBUC "}‘fL,STATEOFWASHINGTON ‘
KAOB L SOUKI O ARY P LIC in and or the State of
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Page 59 of 231
Affidavit of Signature for
Annexation Notice of Intent and Petition
Under the penalty of perjury,I declare under oath,that I am authorized to sign deeds and
encumbrances on behalf of __olumbia rs Faun.LLQ ,and I am further
authorized to sign other documents including Notices of Intent and Petitions.
State of Washington
County of Franklin )
I certify that I know or have satisfactory evidence that Glen Round is the
person who appeared before me,and said person acknowledged that (he/she)signed this
instrument,on oath stated that (he/she)was authorized to execute the instrument and
acknowledged it as the GoM§mQ[[MgmQ§[of gggmmpgaWg1§[§Ea[m ||Q to
be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Given under my hand and official seal this day of
oun.-'''u.o_,\55i°n €?{o’o,,/NOTARY PUBLIC in and for the State of
Q‘-"o‘°x'lv'21'20é,°/"'-_'$’2,Washington
.,E Residing at:
'°“3'-‘C .5 5:kl‘oun
§My Commission Expires:
Op -------"v}\\\»+‘Dec 21 2024
Signature Gle Roundy te
Page 60 of 231
Affidavit of Signature for
Annexation Notice of Intent and Petition
Under the penalty of perjury,I declare under oath,that I am authorized to sign deeds and
encumbrances on behalf of Columbia Waters Fe m_‘LQ ,and I am further
authorized to sign other documents including Noticesof Intent and Petitions.
State of Washington
County of Franklin )
I certify that 1 know or have satisfactory evidence that Diane Round is the
person who appeared before me,and said person acknowledged that (he/she)signed this
instrument,on oath stated that (he/she)was authorized to execute the instrument and
acknowledged it as the Ggvgfngrllylemger of Qgmmbia Watgts Earm I |Q___
tobethefreeandvoluntaryactofsuchpartyfortheusesandpurposesmentionedintheinstrument.
Given under my hand and official seal this day of_
\\‘ll NOTARY PUBLIC in and for the Stat
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of
_«;1.20<f+0',-..__»;,"’/,2 Washmgton
E::_'(.)“Om”?«E Residing at:
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Signature Diane Roundy Da
Page 61 of 231
Affidavit of Signature for
Annexation Notice of Intent and Petition
Under the penalty of perjury,I declare under oath,that I am authorized to sign deeds and
encumbrances on behalf of §;o|umpia yygtegs Farm,1|C ,and I am further
authorized to sign other documents including Notices of Intent and Petitions.
$242922
te
State of Washington
County of Franklin )
I certify that I know or have satisfactory evidence that Stac Round is the
person who appeared before me,and said person acknowledged that (he/she)signed this
instrument,on oath stated that (he/she)was authorized to execute the instrument and
acknowledged it as the Ggyemoi;/Mgmger of ggmmpja waggg Eg[m ||Q to
be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Given under in hand and official seal this da ofY__Y
C\\\\\\llllllH/I//0\x\“\Q(*._?_‘..-9-..'.’_1’,9”’//,NOTARY PUBLIC in and for the State of
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Signature St Roundy
Page 62 of 231
/;/an:///R/I 73>;
Af?davit of Signature for
Annexation Notice of Intent and Petition
Under the penalty of perjury,I declare under oath,that I am authorized to sign deeds and
encumbrances on behalf of Co|umb'Waters F r LLC ,and I am further
authorized to sign other docurn/gritsincluding Notices of Intent and Petitions.
Signature ou y Date
State of Washington )
):ss.
County of Franklin )
I certify that 1 know or have satisfactory evidence that Am Round is the
person who appeared before me,and said person acknowledged that (he/she)signed this
instrument,on oath stated that (he/she)was authorized to execute the instrument and
acknowledged it as the GovernQ[[M§mlg§[of Qgmmbia Watg?Eaml 1|Q to
be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Given under my hand and official seal this day of
_M s2Q2Q.__
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Page 63 of 231
Affidavit of Signature for
Annexation Notice of Intent and Petition
Under the penalty of perjury,I declare under oath,that I am authorized to sign deeds an
dencumbrancesonbehalfof__0|um'ia Waters Farm LLC and I am further
authorized to sign other documents including Notices of Intent and Petitions.
State of Washington
County of Franklin )
I certify that I know or have satisfactory evidence that Teresa Garrett is the
person who appeared before me,and said person acknowledged that (he/she)signed this
instrument,on oath stated that (he/she)was authorized to execute the instrument and
acknowledged it as the §§ov§mo[[MgQQeJ'_of ggmmpia Watgg Eatm I |Q to
be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
day ofGivenundermyhandandofficialsealthis
\\\\\“‘::"'('5m[:1’/”///,//NOTARY PUBLIC in and for the State of
\\.\\\‘\OCf>_.-(z‘~\5s1uon§4._/0;’?Washington
\\-.-/,..
S Q‘o‘°-G12090'»;-.'Ag Residing at:
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Signature Teresa Garrett
1Lr;,QQ§.2§
Date
Page 64 of 231
%gz.¢,%7/757/4:2Q?
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Si
Affidavit of Signature for
Annexation Notice of Intent and Petition
Under the penalty of perjury,I declare under oath,that I am authorized to sign deeds and
encumbrances on behalf of Co umbia Wa ers F rm LLC ,and I am Furthe
rauthorizedtosignotherdocumentsincludingNoticesofIntentandPetitions.
State of Washington
County of Franklin )
I certify that I know or have satisfactory evidence that Jeff Garrett is the
person who appeared before me,and said person acknowledged that (he/she)signed this
instrument,on oath stated that (he/she)was authorized to execute the instrument and
acknowledged it as the Ggvgrnorllmembgr
c
of QQ|!|mb'|a Watgts Eatm I |Q to
be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Given under my hand and of?cial seal this day of
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\\\\\‘C‘9(«,V_"_../’//,0 Washington
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Garrett Date
Page 65 of 231
4
PRAYER OF PETITION:(1)Annexation of area described and depicted in Exhibits "A"
and "B",(2)assuming any proportional indebtedness of the City of Pasco,and without (3)
simultaneous adoption of the City of Pasco Zoning Regulations.
DATE
OWNER’S SIGNATUIFJE I-‘f?:I'NTNAME/ADDRESS SIGNED
ll.
12
PR
Page 66 of 231
,,‘
Affidavit of Signature for
Annexation Notice of Intent and Petition
Under the penalty of perjury,I ecla un er oat ,that I am authorized to sign deeds and
encumbrances on behalf of ,and I am further
authorized ign other documents inclu g Notices of Intent and Petitions.
CU:’(l>mw,m~f:»rt
State of Washington
County of )
I certify that I know or have satisfactory evidence that '«is the
person who appeared before me,and said person acknowledged that (he/she)signed this
instrument,on oath stated that (he/she)was authorized to execute the instrument and
acknowledged it as the :LW 2,
"~~?'.;;;{;of to
be the free and voluntary act of s CHparty for the uses and purposes me tioned in the instrument.
Given under my hand and official seal this
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SARA C ESPINOZA
NOTARYPUBLIC#98142
STATEOF WASHINGTO
NCOMMISSIONEXPlRES.‘
SEPTEMBER9.2023
NOTARY PUBLIC in and for the State of
Washington
Residing at:
My Commission Expires:
V
‘‘day of
,s.,a~.~=//xj (/2;./"
Sig ature Date
Page 67 of 231
Affidavit of Signature for
Annexation Notice of Intent and Petition
Under the penalty of perjury,I declare under oath,that I am authorized to sign deeds and
encumbrances on behalf of _,and I am further
authorizedto sign other documents including Notices of Intent and Petitions.
Ja cqawbf/u,in
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$1;SARA c espmozxx
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9,2023 P..5
County )
I certify that I know or have satisfactory evidence that is the
person who appeared before me,and said person acknowledged that (he/she)signed this
instrument,on oath stated that (he/she)was authorized to execute the instrument and
acknowledged it as the of _to
be the free and voluntary act of such party for the uses and purposes mentioned in the instrument.
Given under my hand and official seal this piiiiiidaof
2.
NOTARY PUBLIC in and for the State of
Washington
Residing at:
My Commission Expires:
State of Washington
Signature Date
Page 68 of 231
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DURABLE POWER OF ATTORNEY
WITH HEALTHCARE PROVISIONS
OF
RANDY MULLEN
(Effective Immediately)
I,RANDYMULLEN,now residing and domiciledin the State of Washington,hereby
designate my daughter RANDIHAMMERas my attorney-in-factin accord with the provisionsof
Revised Code of Washington (“RCW”)Chapter 11.94.
1.This Durable Power of Attorney shall be effective immediately upon execution and shall
not be affected by either the disability or incompetence of the principal.It shall remain in effect to
the full extent permittedby Washington law until revoked or terminated as providedbelow.It shall
not be necessary to record this power of attorney for it to become effective.
2.In the construction of this instrument,the attorney-in-factshall be deemed to have all
necessary or desirable powers to make decisions concerning my support,maintenance,health,
emergencies and urgent necessities.
3.The attorney-in-factshall have all powers as are necessary or desirable to providefor the
support,maintenance,health,emergencies and urgent necessitiesof the principal.My attorney-in-
fact is speci?cally authorized(a)to request,receive and review any information,verbal or written,
regarding my personal affairs or my personalor mental health,including medical and hospital
records;(b)to execute any releases or other documents that may be required in order to obtain such
information;(c)to disclose such informationto such persons,organizations,?rms or corporations
as my attorney-in—factdeems appropriate;(d)to employ and discharge medical personnelincluding
physicians,psychiatrists,dentists,nurses,and therapists as my attorney-in-factshall deem necessary
for my physical,mental and emotionalwell-being,and to pay them (or to cause to be paid to them)
reasonable compensation;(e)to give or withhold consent to any medical procedure,test or
treatment,including surgery;(1)to arrange for my hospitalization,convalescent care,hospice,or
home care;(g)to summon paramedicsor other emergency medical personneland to seek
emergency treatment for me,as my attorney-in-fact deems appropriate;and (h)under circumstances
in which my attorney-in-factdeterminesthat certain medicalprocedures,tests or teatments are no
longer of benefit to me,or where the bene?ts are outweighedby the burdens imposed to withdraw,
revoke,modify or change consent to such procedures,tests and treatments,as well as
hospitalization,convalescent care,hospice or home care which I or my attorney-in-factmay have
previously allowed 01'consented to or which may have been provided due to emergency conditions
;and (i)exercise my right to privacy and my right to make decisions regarding my medical treatment
to the full extent authorizedby RCW l l.94.010(3)and RCW7.70.065.I authorize my attorney-in-
fact to act as my “personal representative”in all matters related to the Health Insurance Portability
and Accountability Act (“HIPAA”)for the purposes of obtaining,reviewing,copying,etc.,any and
all of my medical and health related records,and for the other authorities describedin this section.
This authorizationapplies to all of my attorneys—in-factnamed herein,whether or not agents are
currently serving.
POWER OF ATTORNEY-1
Page 69 of 231
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4.My attorney-in—factshall have powers over my ?nancial matters,including,without
limitation,controlover my assets and liabilities,and shall have the authority to sell,pledge,
transfer,assign,commit or otherwisedisposeof any and all assets of the principalincluding bank
accounts,stocks,bonds,savings certi?cates,certi?cates of deposit,treasury bills and real property;
to make gifts of property owned by the principal;to make transfers of the principal’sproperty to
any trust,whether or not created by the principal(if the trust bene?ts the principaland does not
have dispositiveprovisionswhich are differentfrom those which would have governedthe property
had it not been transferredto the trust);to execute assignments of assets and to disclaimproperty at
the discretion of and if in the opinionof the attorney-in—factappears appropriate.The attorney-in-
fact shall not have the power to revoke or change any estate planning or testamentary documents
previouslyexecuted by me except as providedbelow.With respect to any life insurance policies
insuring my life,this power of attorney shall not authorizeor empower my attorney-in-factto
exercise my incidents of ownership over the same.
5.The attorney-in-factshall,if the Principalbecomes disabled or incompetent as de?ned
below,speci?cally have the power and authority to alter,amend,or revoke communityproperty
agreements.Disability shall include the inability on the part of the principalto manage his property
and affairs effectively for reasons such as mental illness,mental de?ciency,physicalillness or
disability,advancedage,chronic use of drugs,chronicintoxication,con?nement,detentionby a
foreign power or disappearance.Disability may be evidenced by a written statement of a quali?ed
physicianregularly attending the principaland/or by other quali?ed persons with knowledge of any
con?nement,detention or disappearance.Incompetence mayalso be establishedby a ?nding of a
court having jurisdictionover the incompetent individual.
6.The principalreserves the right to amend,suspend,revoke or terminate this Durable
Power of Attorney by written instrument and by giving written notice of the same to the atto1'ney-
in-fact.If this Durable Power of Attorney has been recorded,then any such amendment,suspension,
revocationor terminationshall be recordedin the same county where such power was recorded.
7.In accord with the provisionsof RCW 1194.010,I nominateRANDI HAMMER to
serve as the guardian or limited guardian of my person if protectiveproceedingsare commenced for
my estate or me.The appointment of a guardianof my person does not vest in that guardian the
power to revoke,suspend or terminatethis DurablePower of Attorney.A guardian of my estate
only shall not have such power.
8.The death of the principalshall be deemed to revoke this DurablePower of Attorney
upon actual knowledge or actual notice being received by my attorney-in-fact.
9.My attorney-in—factand any person dealing with her each shall be entitled to rely upon
this DurablePower of Attorney so long as such person has not received actual knowledge or actual
notice of any amendment,revocation,suspensionor terminationof the Durable Power of Attorney
by death or otherwise.Any action so taken in good faith,unless otherwise invalid or unenforceable,
shall be binding on the heirs,devisees,legatees or personalrepresentativeof the principal.
DURABLE POWER OF ATTORNEY -2
Page 70 of 231
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10.The estate of the principal shall hold harmless and indemnify my attorney-in-factfrom
all liability for acts done for the bene?t of the principalin good faith and not in fraud of the
principal.
_IN WITNESS WHEREOF,I have executed this Durable Power _ofAttorney on this
"da of 2017
5/
RANDYMULLEN
STATE OF WASHINGTON )
)§.
COUNTY or BENTON )
On this day personally appeared before me,the undersigned,a Notary Public in and for
the State of Washington,duly commissioned and sworn,RANDY MULLEN,to me known to be
the individual who executed the foregoing instrument,and acknowledged to me that he signed
the same as his free and voluntary act and deed for the purposes therein mentioned.
GIVEN UNDER MY HAND and official seal this day of 2017
NOTARY PUBLIC in and for the State
of Washington,residing at
My Commission expires
DURABLBPOWER OF ATTORNEY 3
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Page 71 of 231
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Affidavit of Signature for
Annexation Notice of Intent and Petition
Under the penalty of pe1jury,,I decla e under oath,thatxlam aut orized to Sign deeds and
encumbrances on behalf of "".-/*2-~.7
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authorizedto sign other documents including Notices of Intentand etitions.
\°§\‘kGivenundermyhandandof?cial seal this da of
County of
I certify that I know or have satisfactory evidence that __g
is the
person who appeared before me,and said person acknowledged that (he/she)signed this
instrument,on oath stated that (he/she)was authorized to execute the instrument and
acknowledged it as the of to
be the free and voluntary act of such party for the uses and purposes in the instrument.
DEANNAL DELAROSA
Notary Public
H State of Washington
H Commission If 21013353
My Comm.Expires Jan 31.2025
NOTARY PUBLIC in and for the State of
Washington
Residing at:
My Commission Expires:
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Page 72 of 231
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PRAYER OF PETITION:(1)Annexation of area described and depicted in Exhibits "A"
and "B",(2)assuming any proportional indebtedness of the City of Pasco,and without (3)
simultaneous adoption of the City of Pasco Zoning Regulations.
DATE
OWNER’S SIGNATURE PRINT NAME/ADDRESS SIGNED
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Page 73 of 231
?lr
Af?davit of Signature for
Annexation Notice of Intent and Petition
Under the penalty of pe1jury_,'Ideclgreunder_oath,that/Iam aut orized to sign deeds and
encumbrances on behalf of ‘ii /1/“TL”-C =1 (Cg;,and I am further
authorizedto sign other documents including Notices of Intent and etitions.
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I certify that I know or have satisfactory evidence that is the
person who appeared before me,and said person acknowledged that (he/she)signed this
instrument,on oath stated that (he/she)was authorized to execute the instrument and
acknowledged it as the of __t
,.to
be the free and voluntary act of such party for the uses and purposes mentionedinthe instrument.
Given under my hand and of?cial seal this da of
DEANNAL DELAROSA
Notary Public
State of Washington
Commission #21013353 (
My Comm.Expires Jan 31.2025
NOTARY PUBLIC in and for the State of
Washington
Residing at:
My Commission Expires:
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State of Washington
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Page 74 of 231
AGENDA REPORT
FOR: City Council May 19, 2022
TO: Dave Zabell, City Manager City Council Special
Meeting: 5/23/22
FROM: Steve Worley, Director
Public Works
SUBJECT: Public Hearing and Ordinance for Formation of Sewer LID in the East
UGA Expansion Area
I. REFERENCE(S):
Ordinance Alternative A - LID No. 152
Ordinance Alternative B - LID No. 152
Resolution No. 4174 (Notice of Intent to Form LID)
Preliminary Alignment Figures
Preliminary assessment rolls for Alternatives A and B
Presentation
Public comments (to date) received in writing
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
CONDUCT A PUBLIC HEARING:
MOTION: I move to adopt Ordinance No. ____, relating to improvements for a
new sanitary sewer main, lift station, and other sewer improvements in the City’s
East Urban Growth Area (UGA) Expansion (collectively, the “improvements”);
ordering the improvements of full sanitary sewer construction consistent with City
Council Resolution No. 4174; establishing Local Improvement District No. 152,
and ordering the carrying out of the proposed improvements; providing that
payment for the improvements be made by special assessments upon the
property in the district, payable by the mode of “payment by bonds;” and,
providing for the issuance and sale of local improvement district warrants
redeemable in cash or other short-term financing and local improvement district
bonds for Option ___, as presented, and further, authorize publication by
summary only.
III. FISCAL IMPACT:
Estimated Project Costs:
Page 75 of 231
Alternative A (Original Proposal): $25,404,000 LID Assessments
Alternative B: $21,494,000 LID Assessments
IV. HISTORY AND FACTS BRIEF:
On May 2, 2022, Council approved Resolution No. 4174, declaring its intent to
order the sanitary sewer and lift station improvements within the East Urban
Growth Area Expansion and setting a public hearing for 7:00 pm May 23, 2022,
to consider the creation of a Local Improvement District (LID) in regard to the
necessity, location, scope, LID boundaries, design and cost of improvements,
and the assessment of the cost/expense of carrying out those improvements
against the properties especially benefited by the proposed improvements.
Property owners were notified via mail and invited to provide written comments
to the City Clerk or appear at today’s Public Hearing regarding the proposed LID
formation.
The Project:
The East UGA Sewer LID project was developed to provide the opportunity to
serve all parcels within the expanded UGA east of Road 68. This area
encompasses several large parcels (10 acres or more, with short- and long-term
development plans), as well as other smaller parcels located immediately east
of Road 68 between Kau Trail Road and Deseret Drive.
The project consists of the design and construction of gravity sewer trunk mains
from the vicinity of Deseret Drive and Road 68 to the vicinity of North Glade Road
and Burns Road extended. The project also includes the design and construction
of the Glade Road lift station and force main that will convey sewage to the
existing gravity sewer system in the Foster Wells Road and Industrial Way (and
future Capital Avenue) area.
Alternate A (original proposal)
• This includes all the new UGA expansion areas east of Road 68, north of
Burns Road, and the south half of the Reimann Industrial Center.
• The proposed improvements include the Glade Road Lift Station a nd
force main, gravity sewer trunk mains extending from Road 69 to the
Glade Road lift station, and sewer mains along Deseret Drive, Melody
Lane, and Kau Trail Road, to allow service to all parcels within the LID
boundary.
• Cost for the project is to be assessed in its entirety to LID participants.
• Preliminary cost estimate is $25.4 million.
Page 76 of 231
Alternate B:
• The boundary for this alternative is similar to Alternative A above except
the exclusion of the neighborhood between Deseret Drive and Kau Trail
Road.
• The proposed improvements include the Glade Road Lift Station and
force main to Foster Wells Road, and gravity sewer trunk mains extending
from Franklin County Road 70 North to the Glade Road lift station.
• Cost for the project would be assessed to the LID participants.
• No LID assessments for the properties within the Deseret Drive to
KauTrail Road neighborhood.
• Preliminary cost estimate is $21.5 million.
The LID Process:
City staff held a series of meetings in February, March, and April with landowners
and representatives of the parcels included in the original proposed LID
boundary. The majority of those in attendance at these first three meetings
expressed support for the LID project and annexation into the city.
The fourth and final meeting included a group of property owners who expressed
concern about being included in the proposed sewer LID and the financial
burden this would impose on them and their neighbors.
Property owners in the neighborhood between Kau Trail Road and Deseret Drive
have parcels that are 1 to 5 acres in size. Some owners have houses on their
parcel with functioning septic systems. The proposed LID is less attractive to
these property owners as they do not have plans to further develop their parcels
anytime soon. Several of these property owners also expressed opposition to
annexation into the City.
Preliminary assessments for both alternatives for each property owner within the
proposed LID areas were developed based on a combination of parcel area and
projected peak hour flow (gallons per minute or GPM) generated by each parcel.
The projected peak hour flow is determined based on the land use for each
parcel. The Land Use designations used are in accordance with the City’s
recently adopted Comprehensive Plan. Please note, that the proposed land uses
are different from current Franklin County zoning and land uses.
On May 2, 2022, Council approved Resolution No. 4174, which declared the
intent to form the LID. This required staff to notify each property owner within
the proposed LID of a public hearing scheduled for the May 23rd Council
meeting. Notices were mailed in both English and Spanish and included
preliminary LID assessments for each parcel based on the original LID boundary
(Alternative A).
Page 77 of 231
After the May 2, 2022, Council meeting, Council Members and staff received
comments from several property owners within the proposed LID expressing
their desire not to be included in the LID. Based on these comments staff
developed and presented an alternative LID boundary at the May 16, 2022,
Council meeting for Council consideration. As described above, Alternative B
would exclude the neighborhood between Deseret Drive and Kau Trail Road
from the LID.
V. DISCUSSION:
Today’s public hearing is to receive public comments on the formation of the
East UGA Sewer LID. Two Alternative LID boundaries are offered for Council
consideration.
Briefly, if Council decides to move forward and approves the formation of the
LID, staff will send a letter to all property owners within the LID. The letter will
include their estimated preliminary assessment for their portion of the total LID
improvement costs. The letter will also explain that they have 30 days to respond
back to the City if they wish to protest the LID. If the City receives protests from
property owners that make up more than 60% of the total cost of the LID
improvements (including any costs paid by the City of others not assessed), the
LID fails and does not move forward.
One caveat to this particular LID is that the majority of the LID is, or will be,
annexed into the City. The 60% rule applies separately to those properties within
the City and those outside the City. For example, if the Alter native A LID
boundary was approved, and property owners within the Franklin County
(County) Kau Trail Road area protested the LID, it would take more than 60% of
the total LID improvement cost from just those County properties to divest that
area from the LID. The rest of the LID within the City can still move forward.
Figures and preliminary assessment rolls for each alternative are included in this
packet.
This item was discussed at the April 25, May 2, and May 16, 2022, Council
meetings.
Staff recommends adoption of one of the two alternatives for the East UGA
Expansion Area Sewer LID.
Page 78 of 231
Ordinance – Establishing LID for East UGA Sewer - 1
CITY OF PASCO, WASHINGTON
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, RELATING TO
IMPROVEMENTS FOR A NEW SANITARY SEWER MAIN, LIFT STATION, AND OTHER
SEWER IMPROVEMENTS IN THE CITY’S EAST URBAN GROWTH AREA (UGA)
(COLLECTIVELY, THE “IMPROVEMENTS”); ORDERING THE IMPROVEMENTS OF
FULL SANITARY SEWER CONSTRUCTION CONSISTENT WITH CITY COUNCIL
RESOLUTION NO. 4174; ESTABLISHING LOCAL IMPROVEMENT DISTRICT NO. 152,
AND ORDERING THE CARRYING OUT OF THE PROPOSED IMPROVEMENTS;
PROVIDING THAT PAYMENT FOR THE IMPROVEMENTS BE MADE BY SPECIAL
ASSESSMENTS UPON THE PROPERTY IN THE DISTRICT, PAYABLE BY THE MODE
OF “PAYMENT BY BONDS;” AND, PROVIDING FOR THE ISSUANCE AND SALE OF
LOCAL IMPROVEMENT DISTRICT WARRANTS REDEEMABLE IN CASH OR OTHER
SHORT-TERM FINANCING AND LOCAL IMPROVEMENT DISTRICT BONDS.
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES HEREBY
ORDAIN as follows:
Section 1. RECITALS AND FINDINGS.
1.1 By Resolution No. 4174 adopted May 2, 2022, the City Council declared its intention
to order the improvements of the East Urban Growth Area Expansion (Sewer Mains from Road
68 to North Glade Road, Glade Road Lift Station, sewer main to the existing Foster Wells Road
Industrial area) and to create a local improvement district (LID) to assess the cost and expense of
carrying out those improvements against the properties specially benefitted thereby. Pursuant to
Resolution No. 4174, the public hearing was scheduled for May 23, 2022, at 7:00 P.M. (local
time), in the City Council Chambers of City Hall. The public hearing was conducted to hear all
matters relating to the proposed improvements and all comments thereon and objections thereto
and for determining the method of payment for the improvement (the “formation hearing”). The
hearing was commenced on May 23, 2022, in the City Council Chambers of City Hall.
1.2 The May 23, 2022, public hearing was decided upon after conducting multiple
preliminary design meetings that included City staff, design consultant, and property owners
within the LID area included in Resolution No. 4174. City staff conducted four preliminary
design meetings and sent notice letters inviting property owners to attend. These preliminary
design meetings were held on February 9, March 2, and March 30, 2022, at the City of Pasco
Police Department Community Room, and on April 28, 2022, at the City of Pasco, Council
Chambers.
1.3 Based on the information presented and collected from these meetings, the proposed
sewer alignment, as represented in attached Exhibit A, and the LID assessment method was
recommended by City administration to the City Council. The description of improvements set
ALTERNATIVE A
Page 79 of 231
Ordinance – Establishing LID for East UGA Sewer - 2
forth by Resolution No. 4174 is hereby revised and described below. The location of the
Improvements is generally described, as follows:
Proposed gravity sewer system mains will be designed and constructed beginning on
Deseret Drive east of Road 68 East to a point approximately 1.1 miles east and then south
to Burns Road extended and then east to the proposed Glade Road Lift Station located
west of the BNSF railroad. Gravity sewer mains will also be constructed in Melody Lane
and Kau Trail Road and connect to the Deseret Drive gravity sewer. A separate gravity
sewer main will also be constructed from the Reimann Industrial Center west underneath
Railroad Avenue and the BNSF railroad tracks to Clark Rd, then south along North Glade
Road to the proposed Glade Road lift station. A force main will also be constructed from
the proposed Glade Road lift station east under the BNSF railroad to an existing gravity
sewer in the Foster Wells Road/Industrial Way Area.
1.4 The Capital Improvement Program (CIP) Manager caused an estimate to be made of
the cost and expense of the proposed improvements and certified that estimate to the City
Council, together with all papers and information in her possession touching the proposed
improvement, a description of the boundaries of the proposed LID and a statement of what
portion of the cost and expense of the improvement should be borne by the property within the
proposed LID. The CIP Manager’s estimate is accompanied by a diagram of the proposed
improvement showing thereon the lots, tracts, parcels of land, and other property which will be
specially benefited by the proposed improvement and the estimated cost and expense thereof to
be borne by each lot, tract and parcel of land or other property.
1.5 Due notice of the formation hearing was given in the manner provided by law, or
such notice was waived by property owners as needed. The formation hearing was held by the
City Council on the date and at the time above-mentioned, and all objections to the proposed
improvement were duly considered by the City Council. All persons appearing at such hearing
and wishing to be heard were heard.
1.6 The City Council determines it to be in the best interests of the City that the
Improvements as herein described be carried out and that a local improvement district be created
in connection therewith.
Section 2. IMPROVEMENTS ORDERED. The City Council of the City of Pasco,
Washington (the “City”), orders the improvements to the properties within the area described in
Exhibit B, providing full sanitary sewer construction, including site grading, manholes, a lift
station and force mains, and sewer gravity pipelines, casings, and appurtenances in the East
UGA Expansion Area (collectively, the “Improvements”). The Improvements shall be in
accordance with the plans and specifications therefor prepared by the CIP Manager and may be
modified by the City Council so long as such modification does not affect the purpose of the
Improvements. The Improvements are hereby declared to be part of the system and plan of the
City’s Water/Sewer Utility under Chapter 13.10 of the Pasco Municipal Code.
Page 80 of 231
Ordinance – Establishing LID for East UGA Sewer - 3
Section 3. LID 152 CREATED. There is hereby created and established a local
improvement district to be called Local Improvement District No. 152 of the City of Pasco,
Washington (the “District”), the boundaries or territorial extent of the District being more
particularly described in Exhibit A attached hereto and by this reference incorporated herein.
Section 4. IMPROVEMENT COSTS ESTIMATED. The total current estimated cost
and expense of the Improvements is declared to be $25,404,000, which is to be assessed against
the properties within the LID. The Cost and expense of the Improvements shall be borne by and
assessed against the property specially benefited by such Improvements included in the District
which embraces as nearly as practicable all property specially benefited by such Improvements.
The City reserves the right under RCW 35.44.020 to exclude costs and expenses of the
Improvements from the cost and expense to be assessed against the property within LID 152 and
may pay from any other moneys available therefore if the City Council so designates by
ordinance at any time.
Section 5. ASSESSMENT METHODS. In accordance with the provisions of
RCW 35.44.047, the City may use any method or combination of methods to compute
assessments that may be deemed to more fairly reflect the special benefits to the properties being
assessed than the statutory method of assessing the properties. Actual assessments may vary
from assessment estimates so long as they do not exceed a figure equal to the increased true and
fair value the Improvements add to the property within the LID.
Section 6. INTERIM AND BOND FINANCING AUTHORIZED.
6.1 LID warrants may be issued in payment of the cost and expense of the
Improvements herein ordered to be assessed, such warrants to be paid out of the Local
Improvement Fund, District No. 152, hereinafter created and referred to as the Local
Improvement Fund, and, until the bonds referred to in this section are issued and delivered to the
purchaser thereof, to bear interest from the date thereof at a rate to be established hereafter by the
City’s Finance Manager, as issuing officer, and to be redeemed in cash and/or by LID bonds
herein authorized to be issued, such interest-bearing warrants to be hereafter referred to as
“revenue warrants.” In the alternative, the City hereafter may provide by ordinance for the
issuance of other short-term obligations pursuant to chapter 39.50 RCW.
6.2 If the City shall authorize expenditures to be made for such Improvements (other
than for any cost or expense expected to be borne by the City) prior to the date that any short-
term obligations or LID bonds are issued to finance the Improvements, from proceeds of inter-
fund loans or other funds that are not, and are not reasonably expected to be, reserved, allocated
on a long-term basis or otherwise set aside to pay the cost of the Improvements herein ordered to
be assessed against the property specially benefited thereby, the City declares its official intent
that those expenditures, to the extent not reimbursed with prepaid special benefit assessments,
are to be reimbursed from proceeds of short-term obligations or LID bonds that are expected to
be issued for the Improvements in the estimated principal amount of $25,404,000.
6.3 The City is authorized to issue LID bonds for the District which shall bear interest
at a rate and be payable on or before a date to be hereafter fixed by ordinance. The bonds shall
Page 81 of 231
Ordinance – Establishing LID for East UGA Sewer - 4
be issued in exchange for and/or in redemption of any and all revenue warrants issued hereunder
or other short-term obligations hereafter authorized and not redeemed in cash within twenty days
after the expiration of the thirty-day period for the cash payment without interest of assessments
on the assessment roll for the District. The bonds shall be paid and redeemed by the collection
of special assessments to be levied and assessed against the property within the District, payable
in annual installments, with interest at a rate to be hereafter fixed by ordinance under the mode of
“payment by bonds,” as defined by law and the ordinances of the City. The exact form, amount,
date, interest rate, and denominations of such bonds hereafter shall be fixed by ordinance of the
City Council. Such bonds shall be sold in such manner as the City Council hereafter shall
determine.
Section 7. CONSTRUCTION. In all cases where the work necessary to be done in
connection with the making of such Improvements is carried out pursuant to contract upon
competitive bids (and the City shall have and reserves the right to reject any and all bids), the
call for bids shall include a statement that payment for such work may be made in cash warrants
drawn upon the Local Improvement Fund or by check or other lawful instrument through the City
LID Construction Fund, LID 152 Account, for and on behalf of the District.
Section 8. LID FUND CREATED. The Local Improvement Fund for the District is
created and established in the office of the City Finance Manager. The proceeds from the sale of
revenue warrants or other short-term obligations drawn against the fund which may be issued and
sold by the City and the collections of special assessments, interest and penalties thereon shall be
deposited in the Local Improvement Fund. Cash warrants to the contractor or contractors in payment
for the work to be done by them in connection with the Improvements and cash warrants in payment
for all other items of expense in connection with the Improvements may be issued against the Local
Improvement Fund. Alternatively, payment to the contractor or contractors may be made through
the City LID Construction Fund, LID 152 Account, for and on behalf of the District.
Section 9. LID NOTICE. Within 15 days of the passage of this ordinance, there shall
be filed with the City Clerk the title of the Improvements and District number, a copy of the
diagram or print showing the boundaries of the District, and the preliminary assessment roll or
abstract of such roll showing thereon the lots, tracts and parcels of land that will be specially
benefited thereby and the estimated cost and expense of such Improvements to be borne by each
lot, tract or parcel of land. The City Clerk immediately shall post the proposed assessment roll
upon her index of local improvement assessments against the properties affected by the
Improvements. The City may, but need not, give notice of the LID through other means,
including but not limited to recording of this ordinance.
Page 82 of 231
Ordinance – Establishing LID for East UGA Sewer - 5
PASSED by the City Council and APPROVED by the Mayor of the City of Pasco,
Washington, at a regular open public meeting thereof, this 23rd day of May, 2022.
________________________________
Blanche Barajas, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________
Debra Barham, CMC, City Clerk
____________________________________
Kerr Ferguson Law, PLLC
City Attorney
Page 83 of 231
Exhibit A - 1
EXHIBIT A
LID No. 152 – Preliminary Alignment for the East UGA Expansion Sewer
Page 84 of 231
Exhibit A - 1
The LID 152 Improvements includes the new design and construction of trunk sewer piping and a lift station. Below is a figure that shows the preliminary sewer alignment.
Page 85 of 231
Exhibit B - 1
EXHIBIT B
Page 86 of 231
Exhibit B - 2
LID No. 152 – Preliminary Assessment Roll for the East UGA Expansion Sewer
Page 87 of 231
CERTIFICATION
I, the undersigned, City Clerk of the City of Pasco, Washington (the “City”), hereby
certify as follows:
1. The attached copy of Ordinance No. ____ (the “Ordinance”) is a full, true and
correct copy of an ordinance duly passed at a regular meeting of the City Council of the City
held at the regular meeting place thereof on May 23, 2022, as that ordinance appears on the
minute book of the City; and the Ordinance will be in full force and effect five days after the
publication of its summary in the City’s official newspaper;
2. Options were provided for the public to attend the meeting remotely, including by
telephonic access and, as available, internet access, which options provided the ability for all
persons attending the meeting remotely to hear each other at the same time; and
3. A quorum of the members of the City Council was present throughout the
meeting and a majority of those members present voted in the proper manner for the passage of
the Ordinance.
IN WITNESS WHEREOF, I have hereunto set my hand this day of ,
2022.
CITY OF PASCO, WASHINGTON
Debra Barham, CMC, City Clerk
Page 88 of 231
Ordinance – Establishing LID for East UGA Sewer - 1
CITY OF PASCO, WASHINGTON
ORDINANCE NO. __________
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, RELATING TO
IMPROVEMENTS FOR A NEW SANITARY SEWER MAIN, LIFT STATION, AND OTHER
SEWER IMPROVEMENTS IN THE CITY’S EAST URBAN GROWTH AREA (UGA)
(COLLECTIVELY, THE “IMPROVEMENTS”); ORDERING THE IMPROVEMENTS OF
FULL SANITARY SEWER CONSTRUCTION CONSISTENT WITH CITY COUNCIL
RESOLUTION NO. 4174; ESTABLISHING LOCAL IMPROVEMENT DISTRICT NO. 152,
AND ORDERING THE CARRYING OUT OF THE PROPOSED IMPROVEMENTS;
PROVIDING THAT PAYMENT FOR THE IMPROVEMENTS BE MADE BY SPECIAL
ASSESSMENTS UPON THE PROPERTY IN THE DISTRICT, PAYABLE BY THE MODE
OF “PAYMENT BY BONDS;” AND, PROVIDING FOR THE ISSUANCE AND SALE OF
LOCAL IMPROVEMENT DISTRICT WARRANTS REDEEMABLE IN CASH OR OTHER
SHORT-TERM FINANCING AND LOCAL IMPROVEMENT DISTRICT BONDS.
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES HEREBY
ORDAIN as follows:
Section 1. RECITALS AND FINDINGS.
1.1 By Resolution No. 4174 adopted May 2, 2022, the City Council declared its intention
to order the improvements of the East Urban Growth Area Expansion (Sewer Mains from Road
68 to North Glade Road, Glade Road Lift Station, sewer main to the existing Foster Wells Road
Industrial area) and to create a local improvement district (LID) to assess the cost and expense of
carrying out those improvements against the properties specially benefitted thereby. Pursuant to
Resolution No. 4174, the public hearing was scheduled for May 23, 2022, at 7:00 P.M. (local
time), in the City Council Chambers of City Hall. The public hearing was conducted to hear all
matters relating to the proposed improvements and all comments thereon and objections thereto
and for determining the method of payment for the improvement (the “formation hearing”). The
hearing was commenced on May 23, 2022, in the City Council Chambers of City Hall.
1.2 The May 23, 2022, public hearing was decided upon after conducting multiple
preliminary design meetings that included City staff, the design consultant and property owners
within the LID area included in Resolution No. 4174. City staff conducted four preliminary
design meetings and sent notice letters inviting property owners to attend. These preliminary
design meetings were held on February 9, March 2, and March 30, 2022, at the City of Pasco
Police Department Community Room, and on April 28, 2022, at the City of Pasco, Council
Chambers.
1.3 Based on the information presented and collected from these meetings, the proposed
sewer alignment, as represented in attached Exhibit A, and the LID assessment method was
recommended by City administration to the City Council. The description of improvements set
ALTERNATIVE B
Page 89 of 231
Ordinance – Establishing LID for East UGA Sewer - 2
forth by Resolution No. 4174 is revised as described in this Ordinance. The location of the
Improvements is generally described, as follows:
Proposed gravity sewer system mains will be designed and constructed beginning on
Deseret Drive approximately 2,700 feet east of Road 68 East to a point approximately
0.63 miles east and then south to Burns Road extended and then east to the proposed
Glade Road Lift Station located west of the BNSF railroad. A separate gravity sewer
main will also be constructed from the Reimann Industrial Center west underneath
Railroad Avenue and the BNSF railroad tracks to Clark Rd, then south along North Glade
Road to the proposed Glade Road lift station. A force main will also be constructed from
the proposed Glade Road lift station east under the BNSF railroad to an existing gravity
sewer in the Foster Wells Road/Industrial Way Area.
1.4 The Capital Improvement Program (CIP) Manager caused an estimate to be made of
the cost and expense of the proposed improvements and certified that estimate to the City
Council, together with all papers and information in her possession touching the proposed
improvement, a description of the boundaries of the proposed LID and a statement of what
portion of the cost and expense of the improvement should be borne by the property within the
proposed LID. The CIP Manager’s estimate is accompanied by a diagram of the proposed
improvement showing thereon the lots, tracts, parcels of land, and other property which will be
specially benefited by the proposed improvement and the estimated cost and expense thereof to
be borne by each lot, tract and parcel of land or other property.
1.5 Due notice of the formation hearing was given in the manner provided by law, or
such notice was waived by property owners as needed. The formation hearing was held by the
City Council on the date and at the time above-mentioned, and all objections to the proposed
improvement were duly considered by the City Council. All persons appearing at such hearing
and wishing to be heard were heard.
1.6 The City Council determines it to be in the best interests of the City that the
Improvements as herein described be carried out and that a local improvement district be created
in connection therewith.
Section 2. IMPROVEMENTS ORDERED. The City Council of the City of Pasco,
Washington (the “City”), orders the improvements to the properties within the area des cribed in
Exhibit B, providing full sanitary sewer construction, including site grading, manholes, a lift
station and force mains, and sewer gravity pipelines, casings, and appurtenances in the East
UGA Expansion Area (collectively, the “Improvements”). The Improvements shall be in
accordance with the plans and specifications therefor prepared by the CIP Manager, and may be
modified by the City Council so long as such modification does not affect the purpose of the
Improvements. The Improvements are hereby declared to be part of the system and plan of the
City’s Water/Sewer Utility under Chapter 13.10 of the Pasco Municipal Code.
Section 3. LID 152 CREATED. There is hereby created and established a local
improvement district to be called Local Improvement District No. 152 of the City of Pasco,
Page 90 of 231
Ordinance – Establishing LID for East UGA Sewer - 3
Washington (the “District”), the boundaries or territorial extent of the District being more
particularly described in Exhibit A attached hereto and by this reference incorporated herein.
Section 4. IMPROVEMENT COSTS ESTIMATED. The total current estimated cost
and expense of the Improvements is declared to be $21,494,000, which is to be assessed against
the properties within the LID. The Cost and expense of the Improvements shall be borne by and
assessed against the property specially benefited by such Improvements included in the District
which embraces as nearly as practicable all property specially benefited by such Improvements.
The City reserves the right under RCW 35.44.020 to exclude costs and expenses of the
Improvements from the cost and expense to be assessed against the property within LID 152 and
may pay from any other moneys available therefore if the City Council so designates by
ordinance at any time.
Section 5. ASSESSMENT METHODS. In accordance with the provisions of
RCW 35.44.047, the City may use any method or combination of methods to compute
assessments that may be deemed to more fairly reflect the special benefits to the properties being
assessed than the statutory method of assessing the properties. Actual assessments may vary
from assessment estimates so long as they do not exceed a figure equal to the increased true and
fair value the Improvements add to the property within the LID.
Section 6. INTERIM AND BOND FINANCING AUTHORIZED.
6.1 LID warrants may be issued in payment of the cost and expense of the
Improvements herein ordered to be assessed, such warrants to be paid out of the Local
Improvement Fund, District No. 152, hereinafter created and referred to as the Local
Improvement Fund, and, until the bonds referred to in this section are issued and delivered to the
purchaser thereof, to bear interest from the date thereof at a rate to be established hereafter by the
City’s Finance Manager, as issuing officer, and to be redeemed in cash and/or by LID bonds
herein authorized to be issued, such interest-bearing warrants to be hereafter referred to as
“revenue warrants.” In the alternative, the City hereafter may provide by ordinance for the
issuance of other short-term obligations pursuant to chapter 39.50 RCW.
6.2 If the City shall authorize expenditures to be made for such Improvements (other
than for any cost or expense expected to be borne by the City) prior to the date that any short-
term obligations or LID bonds are issued to finance the Improvements, from proceeds of inter-
fund loans or other funds that are not, and are not reasonably expected to be, reserved, allocated
on a long-term basis or otherwise set aside to pay the cost of the Improvements herein ordered to
be assessed against the property specially benefited thereby, the City declares its official intent
that those expenditures, to the extent not reimbursed with prepaid special benefit assessments,
are to be reimbursed from proceeds of short-term obligations or LID bonds that are expected to
be issued for the Improvements in the estimated principal amount of $21,494,000.
6.3 The City is authorized to issue LID bonds for the District which shall bear interest
at a rate and be payable on or before a date to be hereafter fixed by ordinance. The bonds shall
be issued in exchange for and/or in redemption of any and all revenue warrants issued hereunder
or other short-term obligations hereafter authorized and not redeemed in cash within twenty days
Page 91 of 231
Ordinance – Establishing LID for East UGA Sewer - 4
after the expiration of the thirty-day period for the cash payment without interest of assessments
on the assessment roll for the District. The bonds shall be paid and redeemed by the collection
of special assessments to be levied and assessed against the property within the District, payable
in annual installments, with interest at a rate to be hereafter fixed by ordinance under the mode of
“payment by bonds,” as defined by law and the ordinances of the City. The exact form, amount,
date, interest rate, and denominations of such bonds hereafter shall be fixed by ordinance of the
City Council. Such bonds shall be sold in such manner as the City Council hereafter shall
determine.
Section 7. CONSTRUCTION. In all cases where the work necessary to be done in
connection with the making of such Improvements is carried out pursuant to contract upon
competitive bids (and the City shall have and reserves the right to reject any and all bids), the
call for bids shall include a statement that payment for such work may be made in cash warrants
drawn upon the Local Improvement Fund or by check or other lawful instrument through the City
LID Construction Fund, LID 152 Account, for and on behalf of the District.
Section 8. LID FUND CREATED. The Local Improvement Fund for the District is
created and established in the office of the City Finance Manager. The proceeds from the sale of
revenue warrants or other short-term obligations drawn against the fund which may be issued and
sold by the City and the collections of special assessments, interest and penalties thereon shall be
deposited in the Local Improvement Fund. Cash warrants to the contractor or contractors in payment
for the work to be done by them in connection with the Improvements and cash warrants in payment
for all other items of expense in connection with the Improvements may be issued against the Local
Improvement Fund. Alternatively, payment to the contractor or contractors may be made through
the City LID Construction Fund, LID 152 Account, for and on behalf of the District.
Section 9. LID NOTICE. Within 15 days of the passage of this ordinance, there shall
be filed with the City Clerk the title of the Improvements and District number, a copy of the
diagram or print showing the boundaries of the District, and the preliminary assessment roll or
abstract of such roll showing thereon the lots, tracts and parcels of land that will be specially
benefited thereby and the estimated cost and expense of such Improvements to be borne by each
lot, tract or parcel of land. The City Clerk immediately shall post the proposed assessment roll
upon her index of local improvement assessments against the properties affected by the
Improvements. The City may, but need not, give notice of the LID through other means,
including but not limited to recording of this ordinance.
Page 92 of 231
Ordinance – Establishing LID for East UGA Sewer - 5
PASSED by the City Council and APPROVED by the Mayor of the City of Pasco,
Washington, at a regular open public meeting thereof, this 23rd day of May, 2022.
________________________________
Blanche Barajas, Mayor
ATTEST: APPROVED AS TO FORM:
__________________________________
Debra Barham, CMC, City Clerk
____________________________________
Kerr Ferguson Law, PLLC
City Attorney
Page 93 of 231
Exhibit A - 1
EXHIBIT A
LID No. 152 – Preliminary Alignment for the East UGA Expansion Sewer
Page 94 of 231
Exhibit A - 1
The LID 152 Improvements includes the new design and construction of trunk sewer piping and a lift station. Below is a figure that shows the preliminary sewer alignment.
Page 95 of 231
Exhibit B - 1
EXHIBIT B
LID No. 152 – Preliminary Assessment Roll for the East UGA Expansion Sewer
Page 96 of 231
CERTIFICATION
I, the undersigned, City Clerk of the City of Pasco, Washington (the “City”), hereby
certify as follows:
1. The attached copy of Ordinance No. ____ (the “Ordinance”) is a full, true and
correct copy of an ordinance duly passed at a regular meeting of the City Council of the City
held at the regular meeting place thereof on May 23, 2022, as that ordinance appears on the
minute book of the City; and the Ordinance will be in full force and effect five days after the
publication of its summary in the City’s official newspaper;
2. Options were provided for the public to attend the meeting remotely, including by
telephonic access and, as available, internet access, which options provided the ability for all
persons attending the meeting remotely to hear each other at the same time; and
3. A quorum of the members of the City Council was present throughout the
meeting and a majority of those members present voted in the proper manner for the passage of
the Ordinance.
IN WITNESS WHEREOF, I have hereunto set my hand this day of ,
2022.
CITY OF PASCO, WASHINGTON
Debra Barham, CMC, City Clerk
Page 97 of 231
Page 98 of 231
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PORT OF PASCO
LAMB
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DEPARTMENTOF NATURALRESOURCES
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PORT OF PASCOCOLUMBIAWATERSFARM LLC COLUMBIAWATERSFARM LLC
RE = 410.01'
IE = 393.3'
RE = 412.81'
IE = 400.88'
RE = 417.59'
IE = 405.88'
RE = 452.41'
IE = 410.88'
RE = 438.33'
IE = 419.28'
RE = 464.83'
IE = 444.72'
RE = 398.00'
IE = 377.50'
RE = 410.01'
IE = 393.30'
RE = 445.92'IE = 430.80'12''S=0.40%
12''
S=0.53%
12''S=0.53%12''S=0.45%12''S=0.40%12''S=0.40%12''
S=0.53%12''S=0.53%12''S=0.64%12''
S=0.53%12''S=1.50%12''
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S=0.64%
RE = 481.9'IE = 452.1'RE = 492.1'
IE = 464.8'
RE = 508.0'IE = 480.7'
RE = 505.1'
IE = 473.3'
RE = 512.0'IE = 487.0'RE = 518.0'IE = 491.8'RE = 511.9'IE = 495.0'RE = 517.1'IE = 499.8'RE = 526.3'IE = 505.2'
RE = 469.0'
IE = 444.7'
RE = 518.0'
IE = 507.9'
RE = 527.0'IE = 506.3'
RE = 486.1'
IE = 458.5'
West UGAExpansion LID East UGAExpansion LID East UGAExpansion LID
Legend
Pasco City Limits
LID Breakout Study Areas
Airport Zones 1, 2, 3, and 5
Proposed Infrastructure
[SL Proposed Lift Station
Proposed Forcemain
Proposed Force Main (By Others)
Proposed Gravity Main
Proposed Gravity Main (By Others)
Gravity Sewer Basins
Gravity Flow to Glade Road LS
Gravity Flow to Glade Road LS N
DRAWING IS FULL SCALE
WHEN BAR MEASURES 2”
0 900 1,800450
Feet
1 inch : 900 Feet
J:\DATA\PSC\21-0300\GIS\PASCO EAST UGA LID\PASCO EAST UGA LID.APRX BY: JLAWRENCE PLOT DATE: APR 28, 2022 COORDINATE SYSTEM: NAD 1983 HARN STATEPLANE WASHINGTON SOUTH FIPS 4602 FEETVicinity Map
City of PascoCity of PascoEast UGA Expansion LIDEast UGA Expansion LIDGravity Sewer Contribution BasinsFigure 2PRELIMINARYThis map is a graphic representationderived from the City of PascoGeographic Information System. It wasdesigned and intended for City ofPasco staff use only; it is notguaranteed to survey accuracy. Thismap is based on the best informationavailable on the date shown on thismap.Any reproduction or sale of this map,or portions thereof, is prohibitedwithout express written authorizationby the City of Pasco.This material is owned andcopyrighted by the City of Pasco.Page 100 of 231
Page 101 of 231
Pasco City Council Meeting
May 23, 2022
East UGA Expansion Sewer LIDPage 102 of 231
East UGA Expansion Sewer LID
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East UGA Expansion Sewer LID
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Landowner Preferences
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Alternative A
Page 106 of 231
Alternative A
•This represents the original LID
Boundary that includes all of the UGA
expansion area east of Road 68, north
of Burns Road, and the south half of
the Reimann Industrial Center.
•The proposed improvements consist
of Glade Road Lift Station and force
main, gravity sewer trunk mains
extending from Glade Road to Road
68, including sewer mains along
Deseret Road, Melody Lane and Kau
Trail Road, to provide service to all
parcels included in the LID boundary.
•Cost for the project is to be assessed
in its entirety to LID participants.
•Estimated project cost: $25.4MPage 107 of 231
Alternative A Preliminary Assessment
Page 108 of 231
Alternative B
Page 109 of 231
Alternative B
•The proposed LID area is the UGA
expansion area east of Road 68 as
described for Alternative A, except the
neighborhood between Deseret Road
and Kau Trail Road.
•Sewer mains along Melody Lane and
Kau trail would be eliminated and
Deseret Road gravity main would only
be partially extended.
•Cost for the project would be
assessed to the LID participants. No
assessment for the Deseret
Road/KauTrail neighbors.
•Estimated Project cost: $21.5MPage 110 of 231
Alternative B Preliminary Assessment
Page 111 of 231
Questions?Page 112 of 231
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1
Brandon Lane
From:Steve Worley
Sent:Friday, May 6, 2022 2:34 PM
To:Maria Serra; Brandon Lane
Subject:FW: Online Form Submittal: Contact Mayor Pro-Tem Craig Maloney
FYI
Steve M. Worley, PE
Public Works Director
525 N. 3rd Avenue
PO Box 293
Pasco, WA 99301
(509) 543-5738
worleys@pasco-wa.gov
From: Craig Maloney <MaloneyCouncil@pasco-wa.gov>
Sent: Friday, May 6, 2022 1:22 PM
To: Steve Worley <worleys@pasco-wa.gov>
Cc: Dave Zabell <zabelld@pasco-wa.gov>
Subject: Fwd: Online Form Submittal: Contact Mayor Pro-Tem Craig Maloney
FYI
Craig Maloney
Mayor Pro-tem, City of Pasco
Begin forwarded message:
From: noreply@civicplus.com
Date: May 6, 2022 at 10:46:56 AM PDT
To: Craig Maloney <MaloneyCouncil@pasco-wa.gov>, FormContact <formcontact@pasco-wa.gov>
Subject: Online Form Submittal: Contact Mayor Pro-Tem Craig Maloney
[NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or
open attachments unless you are sure the content is safe.]
Contact Mayor Pro-Tem Craig Maloney
Page 117 of 231
2
To contact City of Pasco Mayor Pro-Tem Craig Maloney, please complete the form
below and click Submit.
If you have a service request, please use the AskPasco app.
Name: Shannon Lotto
Email: Cowgirl2real@gmail.com
Subject: East UGA LID Expansion sewer
Comment: I would like to voice my opposition to this LID sewer. Over 22
million dollars for less than 65 people over 20 years with
interest...no benefit for my property at all..being charged for
max housing rather than what is on my property. Even if it goes
in I would not be able to hook up. I and others are already
developed..septic..water..electricity..my understanding is this is
for 1 property wanting to put houses on a farm circle. I have
only talked to 2 out of 65 that want this. I will be attending the
hearing on this to voice my opposition to this LID. You can
contact me anytime..maybe explain how this helps me. 509
5390581 thank you for reading this!
Please note
Your e-mail and any e-mail response from the City may be a public record under
RCW 42.56 and subject to inspection and copying by the public upon
request. Accordingly, there can be no expectation of privacy.
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Brandon Lane
From:Debra Barham
Sent:Wednesday, May 18, 2022 1:43 PM
To:Sef.christ@gmail.com
Cc:Brandon Lane
Subject:RE: Online Form Submittal: Opposition to LID for East UGA Sewer Expansion
Good afternoon Mr. Christ,
This is confirming receipt of your email stating that you are opposed to the proposed Local Improvement District (LID) for
the East UGA Sewer Expansion. Your email will be forwarded on to the Public Works staff for inclusion in their report to
Council for the May 23 Special Council Meeting.
Kindly,
Debby Barham, CMC
City Clerk
525 N. 3rd Avenue
Pasco, WA 99301
(509) 543-5770
barhamd@pasco-wa.gov
This e-mail and any response to this e-mail may be a public record under RCW 42.56 and subject to inspection and
copying by the public upon request. Accordingly, there can be no expectation of privacy.
From: noreply@civicplus.com <noreply@civicplus.com>
Sent: Wednesday, May 18, 2022 1:00 PM
To: Debra Barham <barhamd@pasco-wa.gov>; WebSiteContacts <WEBSITECONTACTS@pasco-wa.gov>
Subject: Online Form Submittal: Contact the City Clerk
[NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the
content is safe.]
Contact the City Clerk
To contact the City Clerk for the City of Pasco, Washington, please complete the
form below and click Submit. We request that you use the AskPasco app here to
better track your request.
Name: Josef Christ
Page 142 of 231
2
Email: Sef.christ@gmail.com
Subject: Re: East UGA Expanion Sewer LID Project OBJECTION
Comment: Dear Pasco City Council Members,
We are writing this letter in opposition to the proposed Local
Improvement District (LID) for the East UGA Sewer Expansion.
Our land is listed as undeveloped property, but we would make
it clear that we have a current building permit with Franklin
County for our home which will begin construction in May 2022
and be completed before year end. We have already begun
considerable development of our land with intention to live on
the full acre until we die. There are several main concerns that
my partner and I have as outlined below:
1. There has been minimal discussion between the residents
immediately affected by this LID and those who have petitioned
for this LID to be formed. We, as affected property owners,
never received any form of correspondence informing us of this
LID formation or notice of the opportunity to appear before the
council. We only found out about it from neighboring families
who heard of the situation.
a. According to the LID process outlined on the City of Pasco
website, we should have been involved in a neighborhood
discussion. We were never invited to such a thing, nor know of
anyone who was.
b. It is also outlined in City Council notes that 15 days prior to
the council meeting where we could oppose this LID, we would
receive notice. We also did not receive this notice.
2. Required in the LID details is a requirement that the fee
imposed to property owner will not be above the added fair
market value to the property. Based on preliminary
understandings for our land alone, we would be paying an
estimated $20,000 for our “portion” of the sewer line. However,
this does not include the added cost of hook-up fees pertaining
to the line, nor does it include any material or labor costs to
physically run a sewer line to our residence. Additionally, there
would be a monthly service fee to the City of Pasco to continue
use of the sewer. Compare this to the roughly $6,000 we will
be paying to put a residential septic system on our property
that will service our home for upwards of 30 years before any
major repairs or maintenance will be necessary. We, and every
family in this community, could supply septic to our home for
over 90 years for less than the proposed fees to build and
connect to the unneeded sewer. Any reasonable person would
see that this does not add any value to our land when a more
affordable, long-term solution is readily available. We require
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3
proof from the City of Pasco and those proposing this LID that
a $20,000 fee simply to have unattached sewer will increase
the value of our land nearly 25%. (See the city’s appraised
value of the land at $82,000)
3. In assessing the interest of other residents in the area, it has
become clear that the only individuals who are benefiting from
this LID are those who either intend to sell/ have already sold
their land, or those who intend to develop the land into
residential properties and then sell. Those of us who are
existing residents with the desired intent to remain on our land
and maintain vested interest in the area, are the ones who are
not benefiting from the LID.
4. There has been a significant lack of transparency on the
City’s part regarding the actual cost burden this will place on
the current residents within the proposed LID. Based on the
Council Meeting Packet, each owner will be charged roughly
$20,000 per acre. However, this is not defined as a firm
number. Furthermore, there is no explanation regarding how
this is to be paid, over what time period, or at what interest
rate. Given that interest rates are steadily increasing, we are
still in the throes of COVID, we’re experiencing rapid inflation,
and many people simply don’t have that type of liquidity on
hand, you are asking dozens of families to go into significant
financial debt (ourselves included) to finance a sewer line that
will never benefit any of us in our current state. We cannot
stress enough that the only individuals who benefit and
financially profit from this are those who plan to, through
capitalistic investment, divest any interest in the land through
selling or developing then selling.
5. The diverse families here, many of whom are on single
incomes, are bound to suffer financially long term. For us,
$20,000, for a sewer we have no need of, will impact funding
future educational needs (like college) for our children, and
making more environmentally sustainable life choices, like a
solar powered home or an electric vehicle. These are all ways
in which we had planned to support future generations and our
community but won’t be able to do so with this additional
financial burden. Of course, this doesn’t even consider all the
unforeseen expenses that could arise. Please think of yourself
or your family in our shoes for a moment. Like most Americans,
we have experienced countless financial, emotional, and
mental impacts from Covid-19 and are just beginning to
recover. Despite those setbacks, many of us are trying to
create a better future for our children, full of opportunity and
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4
stability. A $20,000 unanticipated debt is devastating, and
much more so to those who stand to be under even larger debt
than us!
In closing, though we want to see the City of Pasco develop
and grow to service more homes during a housing crisis, we
don’t believe the solution is to put current families into a
different type of housing crisis. We believe a better sewer
solution can be discovered which still benefits the new homes,
but does not needlessly hurt the current community.
Sincerely,
Josef Christ
Property owner
Please note: The information you provide may be subject to disclosure according
to the Public Records Act, Chapter 42.56 RCW.
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Brandon Lane
From:Gary Alford <g.alford@comcast.net>
Sent:Thursday, May 5, 2022 6:01 PM
To:Brandon Lane
Cc:Maria Serra; 'Christine Alford'
Subject:RE: East UGA LID Meeting Follow up RE: ALFORD 10 acres on Kau Trail
[NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are
sure the content is safe.]
Hi Brandon,
Just a quick follow up with the conversation with Maria this afternoon and to introduce myself. I am the trustee for the
10 acres at 6907 Kau Trail listed as the ALFORD TRUST. I am located in California so I have not been able to attend any of
the planning meetings. My sister, Christine Alford, is located in Pasco and has attended most of these meetings.
We definitely are in favor of the “East UGA Expansion Sewer LID Project”
Please forward this positive response to whomever you deem appropriate (ie. City Council).
I understand some of the landowners on Kau Trail are not in favor of this project. Since our 10 acres and Cole’s 10 acres
are adjacent to the large circle trac already designated for development, hopefully we will be included with the circle
trac in the sewer expansion.
Although not your department, we are also very much in favor of being annexed into the city limits.
Please let us know if there is anything further we could do in order to move this project forward.
Thank you,
Gary Alford
14593 Oak Street
Saratoga CA 95070
408-838-6903
From: Brandon Lane <laneb@pasco-wa.gov>
Sent: Friday, April 29, 2022 12:06 PM
To: Maria Serra <serram@pasco-wa.gov>; Steve Worley <worleys@pasco-wa.gov>; Ryan Withers <rwithers@rh2.com>;
Paul Cross <pcross@rh2.com>; Paul@Infinityhomesofwa.com; pharpster@aqtera.com; Randy Hayden (Port of Pasco)
<rhayden@portofpasco.org>; caleb@aqtera.com; rsital@psd1.org; kirt@tippettcompany.com; John@jfengineering.pro;
Steve Bauman <Steve@b4land.com>; Ann Gilbert <Ann@b4land.com>; Paul@knutzenengineering.com;
george@deserthillsrealty.net; westent1@hotmail.com; christinealford50@gmail.com; kyingling@gmail.com;
sjwest33@hotmail.com; Jessica Brackin <brackinj@pasco-wa.gov>; buy4fun2@gmail.com; RRMX3@aol.com;
glinden@franklinpud.com; vfuentes@franklinpud.com; roger@rgwenterprises.com; cowgirl2real@gmail.com;
tblack5621@aol.com; gcasper@aqtera.com; dennis@dennislukecart.com; sharonvanburen42@gmail.com; Dave Swisher
<dave@daveswisher.com>; lottosbullpen@gmail.com; pallen.pilot@gmail.com; nate@hawscoair.com;
mark.gross@pnnl.gov; keri.gross@gmail.com; jayden.rm.rm@gmail.com; Gary Alford <g.alford@comcast.net>
Subject: East UGA LID Meeting Follow up
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After the community meeting on 4/28/2022 we wanted to reach out to everyone with some of the information that was
discussed.
The public Hearing is scheduled for May 23, 2022, at 7:00 pm at Pasco City Hall.
Attached you will find the agenda, and below is the link to the figures that were shown on screen.
Figures: https://pascofileshare.com/link/shPA8LCUjGMxFhAkYI8zr8
City Council information can be found at the City of Pasco website: https://www.pasco-wa.gov/122/City-Council
The Council schedule: https://www.pasco-wa.gov/calendar.aspx?lngCalendarID=14
How to Register to speak at a council meeting online: https://www.pasco-wa.gov/FormCenter/ACS-Form-
3/Public-Comment-Request-Form-36
Letters to city council can be sent via mail or email to the City Clerk: https://www.pasco-wa.gov/146/City-Clerk
The Planning Commission meeting information: https://www.pasco-wa.gov/224/Planning-Commission
For questions of Annexation: https://www.pasco-wa.gov/149/Community-Economic-Development
If you are aware of any address changes from the assessors website or a better way to reach you through mail please let
us know, and share this and any other information with any who may need it.
Thank you for your involvement and please let us know if there is anything else we can assist with or any other
questions you may have.
Thank you,
Brandon Keith Lane
Engineer II
525 North Third Avenue
Pasco, WA 99301
(509) 544-4128
laneb@pasco-wa.gov
PLEASE NOTE THAT OUR PHONE NUMBERS HAVE CHANGED.
This email and your response are considered a public record and will be subject to disclosure under Washington’s Public Records
Disclosure Act. (42.56 RCW)
Page 154 of 231
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Brandon Lane
From:Debra Barham
Sent:Thursday, May 19, 2022 9:53 AM
To:pallen.pilot@gmail.com
Cc:Brandon Lane
Subject:FW: Online Form Submittal: Contact the City Clerk
Good Morning Mr. Allen,
This is confirming receipt of your email stating that you are opposed to the Local Improvement District (LID) for the East
UGA Sewer Expansion. Your email is being forwarded to Public Works staff for inclusion in their report to Council for the
May 23 Special Council meeting.
Kindly,
Debby Barham, CMC
City Clerk
525 N. 3rd Avenue
Pasco, WA 99301
(509) 543-5770
barhamd@pasco-wa.gov
This e-mail and any response to this e-mail may be a public record under RCW 42.56 and subject to inspection and
copying by the public upon request. Accordingly, there can be no expectation of privacy.
From: noreply@civicplus.com <noreply@civicplus.com>
Sent: Wednesday, May 18, 2022 5:35 PM
To: Debra Barham <barhamd@pasco-wa.gov>; WebSiteContacts <WEBSITECONTACTS@pasco-wa.gov>
Subject: Online Form Submittal: Contact the City Clerk
[NOTICE: This message originated outside of City of Pasco -- DO NOT CLICK on links or open attachments unless you are sure the
content is safe.]
Contact the City Clerk
To contact the City Clerk for the City of Pasco, Washington, please complete the
form below and click Submit. We request that you use the AskPasco app here to
better track your request.
Name: Paul Allen
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Email: pallen.pilot@gmail.com
Subject: East UGA LID
Comment: Dear City of Pasco,
The purpose of this letter is to urgently request your attention
and support as a resident in the East UGA LID area. My family
and I recently moved into the new home we worked to build
over the past year and a half. We've been saving up for more
than 10 years to finally be able to build what we consider our
"dream home". We chose a lot in the county because it
afforded us more space and a quiet, country feel. Being outside
the city limits, we were well aware that we would be without city
water/sewer and invested a lot of money on a deep well and
large capacity septic system to serve our home for decades to
come. So you can imagine my chagrin when I learned of the
plans to charge us for a sewer system passing by our house
that we have no need, desire, or ability to connect to.
I had been totally in the dark about the LID plans, not having
received any communication whatsoever. After being informed
of it by a neighbor, I attended the second LID information
meeting on 4/28/22. At the meeting, they explained the recent
sale and annexation of nearby farm land and the plans for
significant residential expansion in the area. All of that
development makes obvious sense as a driver for the new
sewer main. However, there is no solid logic for why our
already developed residential area has a need for it. Every
existing home already has a viable wastewater treatment
system on their property. Beyond that, the city representatives
and LID engineer could/would not provide any information
about how a residential home would connect to the sewer
main, the costs associated with making a connection, or the
monthly costs for sewer service.
For the sake of argument, let's make some assumptions given
the lack of information from the city:
- There will be no sewer connection fee
- It will be easy to trench from each house, through neighboring
residential lots, to the sewer main, and it will also cost nothing
to do so
- There will be no monthly fee for being connected to the sewer
Now, we know that none of these are not true, but let's pretend
they are for the sake of estimating some numbers. Based on
the information provided at the 4/28 meeting, we can take an
average of the proposed homeowner costs across all the
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residential lots between Kau Trail and Deseret Drive. At an
estimated 6% interest rate, every owner could completely
replace their septic system every 3 years and still save money
compared to the LID costs, including the unrealistic
assumptions above.
The staff at the 4/28 meeting assured the audience multiple
times that the property value of each piece of land would
increase by at least as much as each landowner would be
charged for the LID. However, I requested input from an
independent realtor and they provided an assessment
explaining why there would be no significant change in the fair
market value of an existing home with the presence of a nearby
sewer line. And even if the value did increase, that only
benefits an investor planning to sell but actually hurts a
resident by increasing their property taxes.
With only the voice of a single homeowner, I certainly feel like a
small minority who could easily be drowned out by the multi-
million dollar investment firms looking for large-scale
developments and profits. The LID undoubtedly makes sense
for them since they have no other options for utilities and can
easily cover the costs out of their profits. However, for me,
- I don't have a need for the LID due to my long-term solution
for on-site water treatment
- I don't have a desire for the LID due to the excessive costs
and impractical installation
- I would be placed in undue financial stress by adding the LID
costs to our budget, which is already strained by the cost of our
home and the deteriorated economy.
So, given that I have no interest in or need for the LID (and I
know many nearby homeowners feel the same), I respectfully
request that the LID be revised to service the development
areas that do need/want it and the existing residential area be
excluded. I hope that you will consider the voice of the
upstanding residents in this area who are seeking to enjoy their
homes and families, and not steamroll us based on the needs
of large corporations/investors.
Respectfully,
Paul Allen
7021 Rd. 71 N
Please note: The information you provide may be subject to disclosure according
to the Public Records Act, Chapter 42.56 RCW.
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AGENDA REPORT
FOR: City Council May 17, 2022
TO: Dave Zabell, City Manager City Council Special
Meeting: 5/23/22
FROM: Eric Ferguson, City Attorney
City Attorney
SUBJECT: Resolution - One Washington Memorandum of Understanding with
Washington State Municipalities
I. REFERENCE(S):
Resolution
MOU
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: One the approving ____, No. I approve to move Resolution
Washington Memorandum of Understanding (MOU) between Washington State
municipalities and, further, authorize the City Manager to execute the MOU.
III. FISCAL IMPACT:
Under the recommended action, the One Washington MOU there is no apparent
[in]direct negative fiscal impact, no loss in revenue should occur as a result of
entering the MOU. There is a potential for an increase in revenue should a
settlement agreement be reached with the Pharmaceutical Companies involved
in a negotiated settlement. As a Participating Local Government, the Cities and
Counties of Washington State who sign on to the One Washington MOU are
agreeing to pay the attorney’s fees and expenses incurred to reach a negotiated
settlement. The attorney’s fee is capped at 15% of any negotiated settlement
proceeds which will be paid from the Government Fee Fund (GFF). Additionally,
any funds remaining after paying the attorney’s contingent fee will be appli ed to
the common benefit tax imposed by the court In Re: National Prescription Opiate
Litigation.
IV. HISTORY AND FACTS BRIEF:
As a result of litigation related to the Pharmaceutical Supply Chain of prescription
opioids, multiple pharmaceutical companies within that supply chain are being
held accountable for the damage they have caused to local governments, the
City of Pasco has has the opportunity to join with several Washington State
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municipalities to enter into a MOU in order to receive an allocatio n of the
proceeds from settlements detailed in the One Washington MOU for opioid
abatement strategies.
Under the One Washington MOU, the allocation distribution formula established
is based on the negotiation class formula established from In Re: National
Prescription Opiate Litigation, Case Number 1:17-md-02804-DAP. This formula
has been widely utilized throughout the United States in other state allocation
agreements. To determine the City of Pasco’s allocation of 0.4278056066%,
attorneys Keller Rohrback, LLP first looked to Franklin County to determine 1)
the number of opioids shipped to Franklin County; 2) the number of opioid deaths
that occurred in Franklin County; and 3) the number of people who are known to
be suffering an opioid disorder in Franklin County.
Analyzing this formula yielded a distribution allocation to the entire County of
0.7639293210%. To determine the specific allocation within the County of
Franklin, for the City of Pasco, analysis of the historical data, showing the prior
practice within Franklin County by both the County and the Cities therein,
associated was related epidemic expenditures, of distribution with opioid
conducted. This allocation formula together with the Franklin County historical
data were determinative of the City of Pasco’s final allocation percentage.
V. DISCUSSION:
The proposed resolution authorizes the City Manager to execute the One
Washington MOU. In the alternative, the City may forgo participation in the One
Washington settlement and pursue litigation for damages on behalf of the public
through forgo for compensation or other means, as such independently,
damages altogether.
Staff recommend approval of the proposed resolution and legal counsel
authorizing the City of Pasco to join in the One Washington MOU.
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Resolution – One Washington MOU – Opiate Litigation Settlement - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
APPROVING THE ONE WASHINGTON MEMORANDUM OF
UNDERSTANDING (MOU) BETWEEN WASHINGTON MUNICIPALITIES
AND, FURTHER, AUTHORIZE THE CITY MANAGER TO EXECUTE THE
ONE WASHINGTON MOU.
WHEREAS, the people of the State of Washington and its communities have been harmed
by entities within the Pharmaceutical Supply Chain who manufacture, distribute, and dispense
prescription opioids; and
WHEREAS, certain Local Governments, through their elected representatives and
counsel, are engaged in litigation seeking to hold these entities within the Pharmaceutical Supply
Chain of prescription opioids accountable for the damage they have caused to the Local
Governments; and
WHEREAS, Local Governments and elected officials share a common desire to abate and
alleviate the impacts of harms caused by these entities within the Pharmaceutical Supply Chain
throughout the State of Washington, and strive to ensure that principals of equity and equitable
service delivery are factors considered in the allocation and use of Opioid Funds; and
WHEREAS, certain Local Governments engaged in litigation and other cities, such as the
City of Pasco, and counties in Washington, wish to become “Participating Local Governments”
by agreeing on a form of allocation for Opioid Funds they receive from entities within the
Pharmaceutical Supply Chain; and
WHEREAS, the City Council of the City of Pasco is vested with the authority to sue and
be sued in courts and all proceedings and is also vested with authority to contract pursuant to RCW
35A.11; and
WHEREAS, the City of Pasco by entering into the One Washington Memorandum of
Understanding (One Washington MOU) will agree as a Participating Local Government to be
bound by the distribution allocation as described in Exhibit B of the One Washington MOU.
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 One
Washington MOU between several Washington State municipalities and the City of Pasco; a copy
of which is attached hereto and incorporated herein by reference as Exhibit A, and
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 MOU on behalf of the City of Pasco,
and
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Resolution – One Washington MOU – Opiate Litigation Settlement - 2
Be It Further Resolved, that this Resolution will take effect immediately.
PASSED by the City Council of the City of Pasco, Washington this ___ day of May, 2022.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
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ONE WASHINGTON MEMORANDUM OF UNDERSTANDING BETWEEN
WASHINGTON MUNICIPALITIES
Whereas,the people of the State of Washington and its communitieshave been harmed by
entities within the Pharmaceutical Supply Chain who manufacture,distribute,and dispense
prescription opioids;
Whereas,certain Local Governments,through their elected representatives and counsel,
are engaged in litigation seeking to hold these entities within the PharmaceuticalSupply Chain of
prescription opioids accountable for the damage they have caused to the Local Governments;
Whereas,Local Governments and elected officials share a common desire to abate and
alleviate the impacts of harms caused by these entities within the Pharmaceutical Supply Chain
throughout the State of Washington,and strive to ensure that principals of equity and equitable
service delivery are factors considered in the allocation and use of Opioid Funds;and
Whereas,certain Local Governments engaged in litigation and the other cities and counties
in Washington desire to agree on a form of allocation for Opioid Funds they receive from entities
within the Pharmaceutical Supply Chain.
Now therefore,the Local Governments enter into this Memorandum of Understanding
(“MOU”)relating to the allocation and use of the proceeds of Settlements described.
A.Definitions
As used in this MOU:
l.“Allocation Regions”are the same geographic areas as the existing
nine (9)Washington State Accountable Community of Health (ACH)Regions
and have the purpose described in Section C below.
2.“Approved Purpose(s)”shall mean the strategies speci?ed and set
forth in the Opioid Abatement Strategies attached as Exhibit A.
3.“Effective Date”shall mean the date on which a court of
competent jurisdiction enters the ?rst Settlement by order or consent decree.The
Parties anticipate that more than one Settlement will be administered according to
the terms of this MOU,but that the first entered Settlement will trigger allocation
of Opioid Funds in accordance with Section B herein,and the formation of the
Opioid Abatement Councils in Section C.
4.“Litigating Local Government(s)”shall mean Local Governments
that ?led suit against any PharmaceuticalSupply Chain Participant pertaining to
the Opioid epidemic prior to September 1,2020.
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5.“Local Government(s)”shall mean all counties,cities,and towns
within the geographic boundaries of the State of Washington.
6.“National Settlement Agreements”means the national opioid
settlement agreements dated July 21 ,2021 involving Johnson &Johnson,and
distributorsAmerisourceBergen,Cardinal Health and McKesson as well as their
subsidiaries,affiliates,officers,and directors named in the National Settlement
Agreements,including all amendmentsthereto.
7.“Opioid Funds”shall mean monetary amounts obtainedthrough a
Settlement as de?ned in this MOU.
8.“Opioid Abatement Council”shall have the meaning described in
Section C below.
9.“Participating Local Government(s)”shall mean all counties,
cities,and towns within the geographic boundaries of the State that have chosen
to sign on to this MOU.The Participating Local Governments may be referred to
separately in this MOU as “Participating Counties”and “Participating Cities and
Towns”(or “Participating Cities or Towns,”as appropriate)or “Parties.”
10.“Pharmaceutical Supply Chain”shall mean the process and
channels through which controlled substances are manufactured,marketed,
promoted,distributed,and/or dispensed,including prescription opioids.
ll.“Pharmaceutical Supply Chain Participan ”shall mean any entity
that engages in or has engaged in the manufacture,marketing,promotion,
distribution,and/or dispensing of a prescription opioid,including any entity that
has assisted in any of the above.
12.“Quali?edSettlement Fund Account,”or “QSFAccount,”shall
mean an account set up as a quali?ed settlement fund,468b fund,as authorizedby
Treasury Regulations 1.468B-1(c)(26 CFR §l.468B-1).
13.“Regional Agreements”shall mean the understanding reached by
the Participating Local Counties and Cities within an AllocationRegion
governing the allocation,management,distribution of Opioid Funds within that
Allocation Region.
14.“Settlement”shall mean the future negotiated resolutionof legal or
equitable claims against a PharmaceuticalSupply Chain Participant when that
resolution has been jointly entered into by the Participating Local
Governments.“Settlement”expressly does not include a plan of reorganization
con?rmed under Title llof the United States Code,irrespective of the extent to
which Participating Local Governments vote in favor of or otherwise support such
plan of reorganization.
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15.“Trustee”shall mean an independenttrustee who shall be
responsible for the ministerial task of releasing Opioid Funds ?*om a QSF account
to Participating Local Governments as authorizedherein and accounting for all
payments into or out of the trust.
16.The “Washington State Accountable Communities of Health”or
“ACH”shall mean the nine (9)regions described in Section C below.
B.Allocation of Settlement Proceeds for Approved Purposes
1.All Opioid Funds shall be held in a QSFand distributed by the
Trustee,for the benefit of the Participating Local Governments,only in a manner
consistent with this MOU.Distribution of Opioid Funds will be subject to the
mechanisms for auditing and reporting set forth below to provide public
accountability and transparency.
2.All Opioid Funds,regardless of allocation,shall be utilized
pursuant to Approved Purposes as de?ned herein and set forth in Exhibit A.
Compliance with this requirement shall be veri?ed through reporting,as set out in
this MOU.
3.The division of Opioid Funds shall first be allocated to
Participating Counties based on the methodology utilized for the Negotiation
Class in In Re:National Prescription Opiate Litigation,United States District
Court for the Northern District of Ohio,Case No.1:17-md-02804-DAP.The
allocation model uses three equally weighted factors:(1)the amount of opioids
shipped to the county;(2)the number of opioid deaths that occurred in that
county;and (3)the number of people who suffer opioid use disorder in that
county.The allocation percentages that result from application of this
methodology are set forth in the “County Total”line item in Exhibit B.In the
event any county does not participate in this MOU,that county’s percentage share
shall be reallocated proportionally amongst the Participating Counties by applying
this same methodology to only the Participating Counties.
4.Allocation and distributionof Opioid Funds within each
Participating County will be based on regional agreements as described in
Section C.
C.Regional Agreements
1.For the purpose of this MOU,the regional structure for decision-
making related to opioid fund allocation will be based upon the nine (9)pre-
de?ned Washington State Accountable Community of Health Regions (Allocation
Regions).Reference to these pre-defmed regions is solely for the purpose of
Page 167 of 231
drawing geographic boundaries to facilitate regional agreements for use of Opioid
Funds.The Allocation Regions are as follows:
o King County (Single County Region)
-Pierce County (Single County Region)
o Olympic Community of Health Region (Clallam,Jefferson,and Kitsap
Counties)
-CascadePaci?c Action Alliance Region (Cowlitz,Grays Harbor,Lewis,
Mason,Paci?c,Thurston,Lewis,and Wahkiakum Counties)
o North Sound Region (Island,San Juan,Skagit,Snohornish,and Whatcom
Counties)
-SouthWest Region (Clark,Klickitat,and Skamania Counties)
o Greater Columbia Region (Asotin,Benton,Columbia,Franklin,Gar?eld,
Kittitas,Walla Walla,Whitman,and Yakima Counties)
o Spokane Region (Adams,Ferry,Lincoln,Pend Oreille,Spokane,and
Stevens Counties)
-North Central Region (Chelan,Douglas,Grant,and Okanogan Counties)
2.Opioid Funds will be allocated,distributed and managed within
each Allocation Region,as determinedby its Regional Agreement as set forth
below.If an Allocation Region does not have a Regional Agreement enumerated
in this MOU,and does not subsequently adopt a Regional Agreement per Section
C.5,the default mechanism for allocation,distribution and management of Opioid
Funds described in Section C.4.a will apply.Each Allocation Region must have
an OAC whose composition and responsibilities shall be de?ned by Regional
Agreement or as set forth in Section C.4.
3.King County’s Regional Agreement is re?ected in Exhibit C to this
MOU.
4.All other Allocation Regions that have not speci?ed a Regional
Agreement for allocating,distributing and managing Opioid Funds,will apply
the following default methodology:
a.Opioid Funds shall be allocated within each Allocation Region by
taking the allocation for a Participating County from Exhibit B and
apportioning those funds between that Participating County and its
Participating Cities and Towns.Exhibit B also sets forth the allocation to
the Participating Counties and the Participating Cities or Towns within the
Counties based on a default allocation fonnula.As set forth above in
Section B.3,to determine the allocation to a county,this formula utilizes:
(1)the amount of opioids shipped to the county;(2)the number of opioid
deaths that occurred in that county;and (3)the number of people who
suffer opioid use disorder in that county.To determine the allocation
within a county,the formula utilizes historical federal data showing how
the speci?c Counties and the Cities and Towns within the Counties have
Page 168 of 231
made opioids epidemic-related expenditures in the past.This is the same
methodology used in the National Settlement Agreements for county and
intra—countyallocations.A Participating County,and the Cities and Towns
within it may enter into a separate intra-county allocation agreement to
modify how the Opioid Funds are allocated amongst themselves,provided
the modification is in writing and agreed to by all Participating Local
Governments in the County.Such an agreement shall not modify any of
the other terms or requirements of this MOU.
b.10%of the Opioid Funds received by the Region will be reserved,
on an annual basis,for administrative costs related to the OAC.The OAC
will provide an annual accounting for actual costs and any reserved funds
that exceed actual costs will be reallocated to Participating Local
Governments within the Region.
c.Cities and towns with a population of less than 10,000 shall be
excluded from the allocation,with the exception of cities and towns that
are Litigating Participating Local Governments.The portion of the Opioid
Funds that would have been allocated to a city or town with a population ‘
of less-than 10,000 that is not a Litigating Participating Local Government
shall be redistributed to Participating Counties in the manner directed
in C.4.a above.
d.Each Participating County,City,or Town may elect to have its
share re~al1ocatedto the OAC in which it is located.The OAC will then
utilize this share for the bene?t of Participating Local Governments within
that Allocation Region,consistent with the Approved Purposes set forth in
Exhibit A.A Participating Local Governrnent’s election to forego its
allocation of Opioid Funds shall apply to all future allocations unless the
Participating Local Government noti?es its respective OAC otherwise.If a
Participating Local Government elects to forego its allocation of the
Opioid Funds,the Participating Local Government shall be excused from
the reporting requirements set forth in this Agreement.
e.Participating Local Governments that receive a direct
payment maintain full discretion over the use and distribution of their
allocation of Opioid Funds,provided the Opioid Funds are used solely for
Approved Purposes.Reasonable administrative costs for a Participating
Local Government to administer its allocation of Opioid Funds shall not
exceed actual costs or 10%of the Participating Local Government’s
allocation of Opioid Funds,whicheveris less.
f.A Local Government that chooses not to become a Participating
Local Government will not receive a direct allocation of Opioid Funds.
The portion of the Opioid Funds that would have been allocated to a Local
Government that is not a Participating Local Government shall be
Page 169 of 231
redistributed to Participating Counties in the manner directed
in C.4.a above.
g.As a condition of receiving a direct payment,each Participating
Local Government that receives a direct payment agrees to undertake the
following actions:
i.Developing a methodology for obtaining proposals for use
of Opioid Funds.
ii.Ensuring there is opportunity for community-basedinput
on priorities for Opioid Fund programs and services.
iii.Receiving and reviewing proposals for use of Opioid Funds
for Approved Purposes.
iv.Approving or denying proposals for use of Opioid
Funds for Approved Purposes.
v.Receiving funds from the Trustee for approved proposals
and distributing the Opioid Funds to the recipient.
vi.Reporting to the OAC and making publicly available all
decisionson Opioid Fund allocation applications,
distributions and expenditures.
h.Prior to any distribution of Opioid Funds within the Allocation
Region,The Participating Local Governments must establish an Opioid
Abatement Council (OAC)to oversee Opioid Fund allocation,
distribution,expenditures and dispute resolution.The OAC may be a
preexisting regional body or may be a new body created for purposes of
executing the obligations of this MOU.
i.The OAC for each Allocation Region shall be composed of
representation from both Participating Counties and Participating Towns
or Cities within the Region.The method of selecting members,and the
terms for which they will serve will be determined by the Allocation
Region’s Participating Local Governments.All persons who serve on the
OAC must have work or educational experience pertaining to one or more
Approved Uses.
j.The Regional OAC will be responsible for the following actions:
i.Overseeing distributionof Opioid Funds from Participating
Local Governments to programs and services within the
Allocation Region for Approved Purposes.
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iii.
iv.
vi.
vii.
Annual review of expenditure reports from
Participating Local Jurisdictions within the Allocation
Region for compliance with Approved Purposes and the
terms of this MOU and any Settlement.
In the case where Participating Local Governments chose
to forego their allocation of Opioid Funds:
(i)Approving or denying proposals by Participating Local
Governments or community groups to the OAC for use of
Opioid Funds within the Allocation Region.
(ii)Directing the Trustee to distribute Opioid Funds for use
by Participating Local Governments or community groups
whose proposals are approved by the OAC.
(iii)Administratingand maintaining records of all OAC
decisions and distributions of Opioid Funds.
Reporting and making publicly available all decisions on
Opioid Fund allocation applications,distributions and
expenditures by the OAC or directly by Participating Local
Governments.
Developing and maintaining a centralizedpublic dashboard
or other repository for the publication of expenditure data
from any Participating Local Government that receives
Opioid Funds,and for expenditures by the OAC in that
Allocation Region,which it shall update at least annually.
If necessary,requiring and collecting additional outcome-
related data from Participating Local Governments to
evaluate the use of Opioid Funds,and all Participating
Local Governments shall comply with such requirements.
Hearing complaints by Participating Local Govermnents
within the AllocationRegion regarding alleged failure to
(1)use Opioid Funds for Approved Purposes or (2)comply
with reporting requirements.
5.Participating Local Governments may agree and elect to share,
pool,or collaborate with their respective allocation of Opioid Funds in any
manner they choose by adopting a Regional Agreement,so long as such
sharing,pooling,or collaboration is used for Approved Purposes and
complies with the terms of this MOU and any Settlement.
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6.Nothing in this MOU should alter or change any Participating
Local Government’s rights to pursue its own claim.Rather,the intent of
this MOU is to join all parties who wish to be Participating Local
Governments to agree upon an allocation formula for any Opioid Funds
from any future binding Settlement with one or 1nore Pharmaceutical
Supply Chain Participants for all Local Governments in the State of
Washington.
7.If any Participating Local Government disputes the amount it
receives from its allocation of Opioid Funds,the Participating Local
Government shall alert its respective OAC within sixty (60)days of
discovering the information underlying the dispute.Failure to alert its
OAC within this time frame shall not constitute a waiver of the
Participating Local Government’s right to seek recoupment of any
deficiency in its allocation of Opioid Funds.
8.If any OAC concludes that a Participating Local Government’s
expenditure of its allocation of Opioid Funds did not comply with the
Approved Purposes listed in Exhibit A,or the terms of this MOU,or that
the Participating Local Government otherwise misused its allocation of
Opioid Funds,the OAC may take remedial action against the alleged
offending Participating Local Government.Such remedial action is left to
the discretion of the OAC and may include withholding future Opioid
Funds owed to the offending Participating Local Government or requiring
the offending Participating Local Government to reimburse improperly
expended Opioid Funds back to the OAC to be re—allocatedto the
remaining Participating Local Governments within that Region.
9.All Participating Local Governments and OAC shall maintain all
records related to the receipt and expenditure of Opioid Funds for no less
than five (5)years and shall make such records available for review by
any other Participating Local Government or OAC,or the public.Records
requested by the public shall be produced in accordancewith
Washington’s Public Records Act RCW 42.56.00l et seq.Records
requested by another Participating Local Government or an OAC shall be
produced within twenty—one (21)days of the date the record request was
received.This requirement does not supplant any Participating Local
Government or OAC’s obligations under Washington’s Public Records
Act RCW 4256.001 et seq.
D.Payment of Counsel and Litigation Expenses
1.The Litigating Local Governments have incurred attorneys’fees
and litigation expenses relating to their prosecution of claims against the
PharmaceuticalSupply Chain Participants,and this prosecution has inured to the
bene?t of all ParticipatingLocal Governments.Accordingly,a Washington
Page 172 of 231
Government Fee Fund (“GFF”)shall be established that ensures that all Parties
that receive Opioid Funds contribute to the payment of fees and expenses incurred
to prosecute the claims against the PharmaceuticalSupply Chain Participants,
regardless of whether they are litigating or non-litigating entities.
2.The amount of the GFF shall be based as follows:the funds to be
deposited in the GFF shall be equal to 15%of the total cash valueof the Opioid
Funds.
3.The maximum percentage of any contingency fee agreement
permitted for compensation shall be 15%of the portion of the Opioid Funds
allocated to the Litigating Local Government that is a party to the contingency fee
agreement,plus expenses attributable to that Litigating Local Government.Under
no circumstances may counsel collect more for its work on behalf of a Litigating
Local Government than it would under its contingency agreement with that
Litigating Local Government.
4.Payments from the GFF shall be overseen by a committee (the
“Opioid Fee and Expense Committee”)consisting of one representative of the
following law ?rms:(a)Keller Rohrback L.LP.;(b)Hagens Berman Sobol
Shapiro LLP;(c)Goldfarb &Huck Roth Riojas,PLLC;and (d)Napoli Shkolnik
PLLC.The role of the Opioid Fee and Expense Committee shall be limited to
ensuring that the GFF is administered in accordancewith this Section.
5.In the event that settling Pharmaceutical Supply Chain Participants
do not pay the fees and expenses of the Participating Local Governments directly
at the time settlement is achieved,payments to counsel for Participating Local
Governments shall be made from the GFF over not more than three years,with
50%paid within 12 months of the date of Settlement and 25%paid in each
subsequent year,or at the time the total Settlement amount is paid to the Trustee
by the Defendants,whichever is sooner.
6.'Any funds remaining in the GFF in excess of:(i)the amounts
needed to cover Litigating Local Governments’private counsel’s representation
agreements,and (ii)the amounts needed to cover the common bene?t tax
discussed in Section C.8 below (if not paid directly by the Defendants in
connection with future settlement(s),shall revert to the Participating Local
Governments pro ram according to the percentages set forth in Exhibits B,to be
used for Approved Purposes as set forth herein and in Exhibit A.
7.In the event that ftmds in the GFF are not sufficient to pay all fees
and expenses owed under this Section,payments to counsel for all Litigating
Local Governments shall be reduced on a pro rata basis.The Litigating Local
Governments will not be responsible for any of these reduced amounts.
Page 173 of 231
8.The Parties anticipate that any Opioid Funds they receive will be
subject to a common bene?t “tax”imposed by the court in In Re:National
Prescription Opiate Litigation,United States District Court for the Northern
District of Ohio,Case No.1:17-md-02804—DAP(“Common Bene?t Tax”).If this
occurs,the Participating Local Govermnents shall first seek to have the settling
defendants pay the Common Bene?t Tax.If the settling defendants do not agree
to pay the Common Bene?t Tax,then the Common Bene?t Tax shall be paid
from the Opioid Funds and by both litigating and non-litigating Local
Governments.This payment shall occur prior to allocation and distributionof
funds to the Participating Local Governments.In the event that GFF is not ?rlly
exhausted to pay the Litigating Local Governments’private counsel’s
-representation agreements,excess funds in the GFF shall be applied to pay the
Common Bene?t Tax (if any).
.General Terms
1.If any Participating Local Government believes another
Participating Local Govermnent,not including the Regional Abatement Advisory
Councils,violated the terms of this MOU,the alleging Participating Local
Government may seek to enforce the terms of this MOU in the court in which any
applicable Settlement(s)was entered,provided the alleging Participating Local
Government ?rst provides the alleged offending Participating Local Government
notice of the alleged violation(s)and a reasonable opportunity to cure the alleged
vio1ation(s).In such an enforcement action,any alleging Participating Local
Government or alleged offending Participating Local Government may be
represented by their respective public entity in accordance with Washington law.
2.Nothing in this MOU shall be interpreted to waive the right of any
Participating Local Government to seek judicial relief for conduct occurring
outside the scope of this MOU that violates any Washington law.In such an
action,the alleged offending Participating Local Government,including the
Regional Abatement Advisory Councils,may be represented by their respective
public entities in accordance with Washington law.In the event of a conflict,any
Participating Local Government,including the Regional Abatement Advisory
Councils and its Members,may seek outside representation to defend itself
against such an action.
3.Venue for any legal action related to this MOU shall be in the
court in which the Participating Local Government is located or in accordance
with the court rules on venue in that jurisdiction.This provision is not intended to
expand the court rules on venue.
4.This MOU may be executed in two or more counterparts,each of
which shall be deemed an original,butall of which shall constitute one and the
same instrument.The Participating Local Governments approve the use of
electronicsignatures for execution of this MOU.All use of electronic signatures
10
Page 174 of 231
shall be governed by the Uniform ElectronicTransactionsAct,C.R.S.§§24-71.3-
101,et seq.The Parties agree not to deny the legal effect or enforceabilityof the
MOU solely becauseit is in electronicform or because an electronicrecord was
used in its formation.The Participating Local Government agree not to object to
the admissibilityof the MOU in the form of an electronicrecord,or a paper copy
of an electronicdocument,or a paper copy of a documentbearing an electronic
signature,on the grounds that it is an electronicrecord or electronicsignature or
that it is not in its original form or is not an original.
5.Each Participating Local Government represents that all
procedures necessary to authorize such Participating Local Government’s
execution of this MOU have been performed and that the person signing for such
Party has been authorizedto execute the MOU.
[Remainder of Page Intentionally Left Blank —Signature Pages Follow]
11
Page 175 of 231
This One Washington Memorandum of Understanding Between Washington
Municipalities is signed this lO‘W}iayof ,2022 by:
Name &Tj?e Elizabeth Alba,City Manager
On behalf of CWOfSunnyside
cm CONTRACTNO:A 7 207,2 —24
RESOLUTIONNO:X
““
COUNCILMTG:05 {)51'Z2.
12
Page 176 of 231
EXHIBIT A
Page 177 of 231
A.
OPIOID ABATEMENT STRATEGIES
PART ONE:TREATMENT
TREAT OPIOID USE DISORDER §OUD[
Support treatment of Opioid Use Disorder (OUD)and any co-occurring Substance Use
Disorder or Mental Health (SUD/MH)conditions,co-usage,and/or co-addiction through
evidence—based,evidencednformed,or promising programs or strategies that may include,
but are not limited to,the following:
1.Expand availability of treatment for OUD and any co-occurring SUD/MH conditions,
co—usage,and/or co—addictior1,including all forms of Medication—AssistedTreatment
(MAT)approved by the U.S.Food and Drug Administration.
Support and reimburse services that include the full American Society of Addiction
Medicine (ASAM)continuum of care for OUD and any co-occurring SUD/MH
conditions,co—usage,and/or co-addiction,including but not limited to:
a.Medication-AssistedTreatment (MAT);
b.Abstinenceebasedtreatment;
c.Treatment,recovery,or other services provided by states,subdivisions,
communityhealth centers;non—for—pro?tproviders;or for-pro?t providers;
d.Treatment by providers that focus on OUD treatment as well as treatment by
providers that offer OUD treatment along with treatment for other SUD/MH
conditions,co—usage,and/or co-addiction;or
e.Evidence-informed residential services programs,as noted below.
Expand telehealth to increase access to treatment for OUD and any co-occurring
SUD/MH conditions,co-usage,and/or co-addiction,including MAT,as well as
counseling,psychiatric support,and other treatment and recovery support services.
Improve oversight of Opioid Treatment Programs (OTPs)to assure evidence—based,
evidence-informed,or promising practices such as adequate methadone dosing.
Support mobile intervention,treatment,and recovery services,offered by quali?ed
professionals and service providers,such as peer recovery coaches,for persons with
OUD and any co-occurring SUD/MH conditions,co—usage,and/or co—addictionand
for persons who have experiencedan opioid overdose.
Support treatment of mental health trauma resulting from the traumatic experiences of
the opioid user (e.g.,violence,sexual assault,human traf?cking,or adverse childhood
experiences)and family members (e.g.,surviving family members after an overdose
1
Page 178 of 231
or overdose fatality),and training of health care personnel to identify and address such
trauma.
7.Support detoxi?cation (detox)and withdrawal management services for persons with
OUD and any co—occurringSUD/MH conditions,co-usage,and/or co—addiction,
including medical detox,referral to treatment,or connections to other services or
supports.
8.Support training on MAT for health care providers,students,or other supporting
professionals,such as peer recovery coaches or recovery outreach specialists,
including telementoring to assist community-based providers in rural or underserved
areas.
9.Support workforce development for addiction professionals who work with persons
with OUD and any co—occurringSUD/MH conditions,co—usage,and/or co-addiction.
10.Provide fellowships for addiction medicine specialists for direct patient care,
instructors,and clinical research for treatments.
11.Provide funding and training for clinicians to obtain a waiver under the federal Drug
Addiction Treatment Act of 2000 (DATA 2000)to prescribe MAT for OUD,and
provide technical assistance and professional support to clinicians who have obtained
a DATA 2000 waiver.
12.Support the dissemination of web—basedtraining curricula,such as the American
Academy of Addiction Psychiatry’s Provider Clinical Support Service-Opioidsweb-
based training curriculumand motivational interviewing.
13.Support the development and disseminationofnewcurricula,such as the American
Academy of Addiction Psychiatry’s Provider Clinical Support Service for
Medication-AssistedTreatment.
B.SUPPORT PEOPLE IN TREATMENT Ag [2 RECOVERY
Support people in treatment for and recovery from OUD and any co-occurring SUD/MH
conditions,co-usage,and/or co-addiction through evidence-based,evidence—informed,or
promising programs or strategies that may include,but are not limited to,the following:
1.Provide the full continuumof care of recovery services for OUD and any co-occurring
SUD/MH conditions,co-usage,and/or co—addiction,including supportive housing,
residential treatment,medical detox services,peer support services and counseling,
community navigators,case management,and connections to community—based
services.
2.Provide counseling,peer-support,recovery case management and residential
treatment with access to medications for those who need it to persons with OUD and
any co-occurring SUD/MH conditions,co—usage,and/or co-addiction.
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10.
C.
Provide access to housing for people with OUD and any co—occurringSUD/MH
conditions,co~usage,and/or co-addiction,including supportive housing,recovery
housing,housing assistance programs,or training for housing providers.
Provide community support services,including social and legal services,to assist in
deinstitutionalizing persons with OUD and any co—occurringSUD/MH conditions,co-
usage,and/or co-addiction.
Support or expand peer-recovery centers,which may include support groups,social
events,computer access,or other services for persons with OUD and any co-occurring
SUD/MH conditions,co~usage,and/or co-addiction.
Provide employment training or educational services for persons in treatment for or
recovery from OUD and any co-occurring SUD/MH conditions,co-usage,and/or co-
addiction.
Identify successfulrecovery programs such as physician,pilot,and college recovery
programs,and provide support and technical assistance to increase the ‘number and
capacity of high-quality programs to help those in recovery.
Engage non-pro?ts,faith-based communities,and community coalitions to support
people in treatment and recovery and to support family members in their efforts to
manage the opioid user in the family.
Provide training and development of procedures for government staff to appropriately
interact and provide social and other services to current and recovering opioid users,
including reducing stigma.
Support stigma reduction efforts regarding treatment and support for persons with
OUD,including reducing the stigma on effective treatment.‘
CONNECT PEOPLE WHO NEED HELP TO THE HELP THEY NEED
CONNECTIONSTOC
Provide connectionsto care for people who have ~or are at risk of developing —OUD and
any co-occurring SUD/MH conditions,co—usage,and/or co-addiction through evidence-
based,evidence-informed,or promising programs or strategies that may include,but are not
limited to,the following:-
1.Ensure that health care providers are screening for OUD and other risk factors and
know how to appropriately counsel and treat (or refer if necessary)a patient for OUD
treatment.
Support Screening,Brief Intervention and Referral to Treatment (SBIRT)programs to
reduce the transition from use to disorders.
Provide training and long-term implementation of SBIRT in key systems (health,
schools,colleges,criminal justice,and probation),with a focus on youth and young
adults when transition from misuse to opioid disorder is common.
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10.
ll.
12.
13.
14.
15.
16.
Purchase automated versions of SBIRT and support ongoing costs of the technology.
Support training for emergency room personnel treating opioid overdose patients on
post-discharge planning,including community referrals for MAT,recovery case ,
management or support services.
Support hospital programs that transition persons with OUD and any co-occurring
SUD/MH conditions,co-usage,and/or co—addiction,or persons who have experienced
an opioid overdose,into community treatment or recovery services through a bridge
clinic or similar approach.
Support crisis stabilization centers that serve as an alternative to hospital emergency
departments for persons with OUD and any co-occurring SUD/MH conditions,co-
usage,and/or co-addictionor persons that have experienced an opioid overdose.
Support the work of Emergency Medical Systems,including peer support specialists,
to connect individualsto treatment or other appropriate services following an opioid
overdose or other opioid—relatedadverse event.
Provide funding for peer support specialists or recovery coaches in emergency
departments,detox facilities,recovery centers,recovery housing,or similar settings;
offer services,supports,or connections to care to persons with OUD and any co~
occurring SUD/l\/1Hconditions,co-usage,and/or co—addictionor to persons who have
experienced an opioid overdose.
Provide funding for peer navigators,recovery coaches,care coordinators,or care
managers that offer assistance to persons with OUD and any co-occurring SUD/MH
conditions,co-usage,and/or co—addictionor to persons who have experienced on
opioid overdose.
Create or support school—basedcontacts that parents can engage with to seek
immediate treatment services for their child;and support prevention,intervention,
treatment,and recovery programs focused on young people.
Develop and support best practices on addressingOUD in the workplace.
Support assistanceprograms for health care providers with OUD.
Engage non-pro?ts and the faith community as a system to support outreach for
treatment.
Support centralized call centers that provide information and connections to
appropriate services and supports for persons with OUD and any co-occurring
SUD/MH conditions,co-usage,and/or co~addiction.
Create or support intake and call centers to facilitate education and access to
treatment,prevention,and recovery services for persons with OUD and any co-
occurring SUD/MH conditions,co-usage,and/or co-addiction.
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17.Develop or support a National Treatment Availability Clearinghouse —a
multistate/nationally accessible database whereby health care providers can list
locations for currently available in-patient and out-patient OUD treatment services
that are accessibleon a real-time basis by persons who seek treatment.
D.ADDRESS THE NEEDS OF CRIMINAL-JUSTICE-INVOLVED PERSONS
Address the needs of persons with OUD and any co-occurring SUD/MH conditions,co-
usage,and/or co-addiction who are involved —or are at risk of becoming involved —in the
criminal justice system through evidence—based,evidence—informed,or promising programs
or strategies that may include,but are not limited to,the following:
V
1.Support pre-arrest or post-arrest diversion and de?ection strategies for persons with
OUD and any co-occurring SUD/MH conditions,co-usage,and/or co-addiction,
including establishedstrategies such as:
a.Self-referral strategies such as the Angel Programs or the Police Assisted
Addiction Recovery Initiative (PAARI);
b.Active outreach strategies such as the Drug Abuse Response Team (DART)
model;
c.“Naloxone Plus”strategies,which work to ensure that individuals who have
received naloxone to reverse the effects of an overdose are then linked to
treatment programs or other appropriate services;
d.Officer prevention strategies,such as the Law Enforcement Assisted Diversion
(LEAD)model;
e.Officer intervention strategies such as the Leon County,Florida Adult Civil
Citation Network or the Chicago Westside Narcotics Diversion to Treatment
Initiative;V
f.Co-responder and/or alternative responder models to address OUD—related911
calls with greater SUD expertise and to reduce perceived barriers associated with
law enforcement 911 responses;or
g.County prosecution diversion programs,including diversion officer salary,only
for counties with a populationof 50,000 or less.Any diversion services in matters
involving opioids must include drug testing,monitoring,or treatment.
2.Support pre-trial services that connect individuals with OUD and any co-occurring
SUD/MH conditions,co-usage,and/or co-addictionto evidence-informedtreatment,
including MAT,and related services.
3.Support treatment and recovery courts for persons with OUD and any co-occurring
SUD/MH conditions,co-usage,and/or co-addiction,but only if these courts provide
referrals to evidence-informedtreatment,including MAT.
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4.Provide evidence-informed treatment,including MAT,recovery support,or other
appropriate services to individuals with OUD and any co-occurring SUD/l\/IH
conditions,co-usage,and/or co-addictionwho are incarceratedin jail or prison.
5.Provide evidence-informed treatment,including MAT,recovery support,or other
appropriate services to individuals with OUD and any co—occurringSUD/MH
conditions,co-usage,and/or co-addictionwho are leaving jail or prison have recently
left jail or prison,are on probation or parole,are under community corrections
supervision,or are in re-entry programs or facilities.
6.Support critical time interventions (CTI),particularly for individuals living with dual-
diagnosis OUD/serious mental illness,and services for individuals who face
immediate risks and service needs and risks upon release from correctionalsettings.
7.Provide training on best practices for addressing the needs of criminal-justice-
involved persons with OUD and any co-occurring SUD/MH conditions,co-usage,
and/or co—addictionto law enforcement,correctional,or judicial personnel or to
providers of treatment,recovery,case management,or other services offered in
connectionwith any of the strategies described in this section.
E.ADDRESS TEE NEEDS OF PREGNANT OR PARENTING WOMEN AND
THEIR FAMILIES,INCLUDING BABIES WITH NEONATAL ABSTINENCE
SYNDROME
1
E
4
3
Address the needs of pregnant or parenting women with OUD and any co—occurring
SUD/MI-Iconditions,co-usage,and/or co-addiction,and the needs of their families,including
babies with neonatal abstinence syndrome,through evidence-based,evidence-informed,or
promising programs or strategies that may include,but are not limited to,the following:
1.Support evidence-based,evidence-informed,or promising treatment,including MAT,
recovery services and supports,and prevention services for pregnant women ~or
women who could become pregnant —who have OUD and any co—occurringSUD/MH
conditions,co-usage,and/or co-addiction,and other measures to educate and provide
support to families affected by Neonatal Abstinence Syndrome.
2.Provide training for obstetricians or other healthcare personnel that work with
pregnant women and their families regarding treatment of OUD and any co—occurring
SUD/M1-lconditions,co-usage,and/or co-addiction.
3.Provide training to health care providers who work with pregnant or parenting women
on best practices for compliance with federal requirements that children born with
Neonatal Abstinence Syndrome get referred to appropriate services and receive a plan 1
of safe care.
4.Provide enhanced support for children and family members suffering trauma as a
result of addiction in the family;and offer trauma-informed behavioral health
treatment for adverse childhoodevents.
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5.
F.
Offer enhanced family supports and home-basedwrap-around services to persons with
OUD and any co~occurring SUD/MH conditions,co-usage,and/or co—addiction,
including but not limited to parent skills training.
Support for Chi1dren’s Services ~Fund additional positions and services,including
supportive housing and other residential services,relating to children being removed
?om the home and/or placed in foster care due to custodial opioid use.
PART TWO:PREVENTION
PREVENT OVER-PRESCRIBING AND ENSURE APPROPRIATE
PRESCRIBING AND DISPENSING OF OPIOIDS
Support efforts to prevent over-prescribing and ensure appropriate prescribing and dispensing
of opioidsthrough evidence-based,evidence—informed,or promising programs or strategies
that may include,but are not limited to,the following:
1.Training for health care providers regarding safe and responsible opioid prescribing,
dosing,and tapering patients off -opioids.
Academic counter-detailing to educate prescribers on appropriate opioid prescribing.
Continuing Medical Education (CME)on appropriate prescribing of opioids.
Support for non-opioid pain treatment alternatives,including training providers to
offer or refer to multi-modal,evidence-informed treatment of pain.
Support enhancements or improvements to Prescription Drug Monitoring Programs
(PDMPS),including but not limited to improvements that:
a.Increase the number of prescribers using PDMPs;
b.Improve point-of—caredecision-making by increasing the quantity,quality,or
format of data available to prescribers using PDMPS or by improving the
interface that prescribers use to access PDMP data,or both;or
c.Enable statesto use PDMP data in support of surveillance or intervention
strategies,including MAT referrals and follow-up for individuals identi?ed
within PDMP data as likely to experience OUD.
Development and implementation of a national PDMP —Fund development of a
multistate/national PDMP that permits information sharing while providing
appropriate safeguards on sharing of private health information,including but not
limitedto:
a.Integration of PDMP data with electronic health records,overdose episodes,
and decisionsupport tools for health care providers relating to OUD.
Page 184 of 231
7.
8.
G.
b.Ensuring PDMPs incorporate available overdose/naloxone deployment data,
including the United States Department of Transportation’s Emergency
Medical Technician overdose database.
Increase electronicprescribing to prevent diversion or forgery.
Educate Dispensers on appropriate opioid dispensing.
PREVENT MISUSE OF OPIOIDS
Support efforts to discourage or prevent misuse of opioids through evidence-based,evidence-
informed,or promising programs or strategies that may include,but are not limited to,the
following:
1.Corrective advertising or affirmative public education campaignsbased on evidence.
2.Public education relating to drug disposal.
3.Drug tal<e—backdisposal or destructionprograms.
4.Fund communityanti-drug coalitions that engage in drug prevention efforts.
5.Support community coalitions in implementing evidence-informedprevention,such
as reduced social access and physical access,stigma reduction —including staffing,
educational campaigns,support for people in treatment or recovery,or training of
coalitions in evidence-informed implementation,including the Strategic Prevention
Framework developed by the U.S.Substance Abuse and Mental Health Services
Administration (SAMHSA).
6.Engage non-pro?ts and faith—basedcommunities as systems to support prevention.
7.Support evidence-informed school and community educationprograms and
campaigns for students,families,school employees,school athletic programs,parent-
teacher and student associations,and others.
8.School-based or youth~focused programs or strategies that have demonstrated
effectiveness in preventing drug misuse and seem likely to be effective in preventing
the uptake and use of opioids.
9.Support community-based education or intervention services for families,youth,and
adolescents at risk for OUD and any co—occurringSUD/MH conditions,co—usage,
and/or co-addiction.
10.Support evidence-informed programs or curricula to address mental health needs of
young people who may be at risk of misusing opioids or other drugs,including
emotional modulation and resilience skills.
1].Support greater access to mental health services and supports for young people,
including services and supports provided by school nurses or other school staff,to
Page 185 of 231
H.
address mental health needs in young people that (when not properly addressed)
increase the risk of opioid or other drug misuse.
PREVENT OVERDOSE DEATHS AND OTHER HARMS
Support efforts to prevent or reduce overdose deaths or other opioid~relatedharms through
evidence—based,evidence-informed,or promising programs or strategies that may include,
but are not limited to,the following:
1.
10.
Increase availability and distributionof naloxone and other drugs that treat overdoses
for first responders,overdose patients,opioid users,families and friends of opioid
users,schools,community navigators and outreach workers,drug offenders upon
release from jail/prison,or other members of the generalpublic.
Provision by public health entities of free naloxone to anyone in the community,
including but not limited to provision of intra—nasalnaloxone in settings where other
options are not availableor allowed.
Training and education regarding naloxone and other drugs that treat overdoses for
first responders,overdose patients,patients taking opioids,families,schools,and
other members of the general public.
Enable school nurses and other school staff to respond to opioid overdoses,and
provide them with naloxone,training,and support.
Expand,improve,or develop data’tracking software and applications for
overdoses/naloxone revivals.
Public educationrelating to emergency responses to overdoses.
Public educationrelating to immunity and Good Samaritan laws.
Educate first responders regarding the existence and operation of immunity and Good
Samaritan laws.
Expand access to testing and treatment for infectious diseases such as HIV and
Hepatitis C resulting from intravenous opioid use.
Support mobile units that offer or provide referrals to treatment,recovery supports,
health care,or other appropriate services to persons that use opioids or persons with
,
OUD and any co—occurringSUD/MH conditions,co—usage,and/or co-addiction.
11.
12.
Provide training in treatment and recovery strategies to health care providers,
students,peer recovery coaches,recovery outreach specialists,or other professionals
that provide care to persons who use opioids or persons with OUD and any co-
occurring SUD/MH conditions,co-usage,and/or co-addiction.
Support screening for fentanyl in routine clinical toxicology testing.
Page 186 of 231
I.
PART THREE:OTHER STRATEGIES
FIRST RESPONDERS
In addition to items C8,D1 through D7,H1,H3,and H8,support the following:
l.Current and future law enforcement expenditures relating to the opioid epidemic.
2.Educate law enforcement or other first responders regarding appropriate practices and
J.
precautions when dealing with fentanyl or other drugs.
LEADERSHIP,PLANNING AND COORDINATION
Support efforts to provide leadership,planning,and coordinationto abate the opioid epidemic
through activities,programs,or strategies that may include,but are not limited to,the
following:
1.
K.
Community regional planning to identify goals for reducing harms related to the
opioid epidemic,to identify areas and populations with the greatest needs for
treatment intervention services,or to support other strategies to abate the opioid
epidemic describedin this opioid abatement strategy list.
A government dashboard to track key opioid-related indicators and supports as
identi?ed through collaborative community processes.
Invest in infrastructure or staffing at government or not-for-pro?t agencies to support
collaborative,cross-system coordination with the purpose of preventing
overprescribing,opioid misuse,or opioid overdoses,treating those with OUD and any
co—occurringSUD/MH conditions,co-usage,and/or co-addiction,supporting them in
treatment or recovery,connecting them to care,or implementing other strategies to
abate the opioid epidemic described in this opioid abatement strategy list.
Provide resources to staff government oversight and managementofopioid abatement
programs.
TRAINING
In addition to the training referred to in various items above,support training to abate the
opioid epidemic through activities,programs,or strategies that may include,but are not
limited to,the following:
1.Provide funding for staff training or networking programs and services to improve the
capability of government,community,and not-for-pro?t entities to abate the opioid
crisis.
Invest in infrastructure and staf?ng for collaborative cross-system coordination to
prevent opioid misuse,prevent overdoses,and treat those with OUD and any co-
occurring SUD/MH conditions,co-usage,and/or co-addiction,or implement other
10
Page 187 of 231
L.
strategies to abate the opioid epidemic described in this opioid abatement strategy list
(e.g.,health care,primary care,pharmacies,PDMPS,etc.).
RESEARCH
Support opioid abatement researchthat may include,but is not limitedto,the following:
1.Monitoring,surveillance,and evaluation of programs and strategies described in this
opioid abatement strategy list.
Research non-opioid treatment of chronic pain.
Research on improved servicedelivery for modalitiessuch as SBIRT that demonstrate
promising but mixed results in populationsvulnerable to opioid use disorders.
Research on innovative supply—sideenforcement efforts such as improved detection of
‘
mail-based delivery of syntheticopioids.
Expanded research on swift/certain/fairmodels to reduce and deter opioid misuse
within criminal justice populations that build upon promising approaches used to
address other substances (e.g.Hawaii HOPE and Dakota 24/7).
.Research on expanded modalities such as prescriptionmethadone that can expand
access to MAT.
ll
Page 188 of 231
EXHIBITB
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Yarrow Point
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Page 189 of 231
EXHIBITB
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Kitsag County
Kltsap County
7
2.6294133668_‘f/3_
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Lewis County
_|:_ewisCounty 1.777377479%
Winlock
CountyTotal:1.2687367832%_
***-LocalGovernment appears in multiple counties B-6
Page 190 of 231
EXHIBITB
Adams County
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County Total:
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o.469449838_s_%_
Begton County
Benton County
West Richland 0.0459360490%
7
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Wenatchee 0.2968332-3494%
CountyTota|:_1.0403247979§_’o_
Clallamcounty
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Page 191 of 231
EXHIBITB
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Clark Coungy
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Columbia County
CountyTotal:Q.0561699537%
Cowlitz County
Cowlitz County 1.7226945990%
Castle Rock
c_ountyTotaI:2.472o82s1s59_§_
Douglas County
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CountyTotal:0.4731986040%_
Ferg County
ferry County 0.1153487994%
***-LocalGoverhmentappears in multiple counties B-2
Page 192 of 231
EXHIBITB
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Gar?eld County
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Pomeroy
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Grant County
Grant County 0.9932572167%
***
WilsonCreek
CountyTota|:1.2010866076%
***-Local Government appears in multiple counties B~3
Page 193 of 231
EXHIBITB
Grays Harbor Counv_:1
w(_3La1_\_/”s_4HarborC‘(3ulJMIwj_’£\“/M“___$09992429138:/3“
Cosrnopolis
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CountyTota|:1.2483954471%
Island County
_|_slandCounty 0.6820422610%
Coupeville
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Port Townsend
County Total:0.4417 1373 80%
***
—LocalGovernment appears in multiple counties B-4
Page 194 of 231
Lincoln County
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Pacific County
Paci?c County
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County Total:
***-LocalGovernment appears in multiple counties B-7
Page 195 of 231
EXHIBITB
Pend Oreille County
PendOreille County 0.2566374940%_
CountyTota|:O.2566§74940%
Pierce County
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Page 196 of 231
EXHIBITB
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***—LocalGovernment appears in multiple counties B-9
Page 197 of 231
EXHIBITB
Sgokane County
Spokane County 5.56Z3859292%_
Liberty Lake
Medical Lake
Millwood
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ConntyTotal:8.8808245947%
Stevens County
Stevenigggnty
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Coun Total:
Wahkiakum County
Wahkiakum County 0.059V6582197%
Cathlamet
CountyTotal:0.0596582197%
***
—Local Government appears in multiple counties B-10
Page 198 of 231
EXHIBITB
Walla Walla County
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County Total:
Whagcom County
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Bellingham 0.8978614577%
g.O54610:.l891%>
Lynden 0.0827115612%
CountyTotal:2.3904469386%
Whitman County
‘WhitmanCounty 0.2626805837%
O.221£}83m:/_tw1M9“2[:9_’g_
***—LocalGovernment appears in multiple counties B—11
Page 199 of 231
EXHIBITB
Yakima County
YakimaCounty
Grandview
CountvTotal:2.7192887991%
***-LocalGovernment appears in multiple counties B-12
Page 200 of 231
AGENDA REPORT
FOR: City Council May 17, 2022
TO: Dave Zabell, City Manager City Council Special
Meeting: 5/23/22
FROM: Zach Ratkai, Director
Administrative & Community Services
SUBJECT: Resolution - Amendment to the Emergency Personal Services Agreement
with Benton Franklin Humane Society for Animal Control Services
I. REFERENCE(S):
Proposed Resolution
Proposed Amendment
Original Emergency Personal Services Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. ______, authorizing the City
Manager to execute an amendment to the emergency Personal Services
Agreement with the Benton Franklin Humane Society for animal control and
sheltering services to extend the agreement.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
On November 11, 2021, Benton Franklin Human Society (BFHS) took over the
Tri-Cities Animal Shelter including all operations for regional animal control,
shelter operations, and personnel management. This was an urgent and
emergency action initiated due to law enforcement action against the previous
contractor, which prompted their unplanned dismissal.
Since that time, BFHS has operated the Tri-Cities Animal Shelter facility, in
addition to their main facility located in Kennewick, to the best of their ability.
The emergency Personal Services Agreement (PSA) was approved by Council
on March 21, 2022.
Page 201 of 231
V. DISCUSSION:
The amendment to the PSA is needed In order to provide additional time to
address needed changes within the standing personal services agreement for
both parties, it has been requested to extend the agreement forty-five (45) days,
with the term ending on July 15, 2022. It is the intent of both parties to extend
the service provision through a new PSA thereafter.
Staff recommends Council approval of the PSA amendment by resolution.
Page 202 of 231
Resolution – Amendment to BFHS Emergency Contract - 1
RESOLUTION NO. ______
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE AN
AMENDMENT TO THE TERM OF THE PERSONAL SERVICES
AGREEMENT BETWEEN THE BENTON-FRANKLIN HUMANE SOCIETY
AND THE TRI CITY ANIMAL CONTROL AUTHORITY.
WHEREAS, pursuant to the Tri-City Animal Control Authority’s, hereinafter referred to
("ACA"), agreement with the Benton-Franklin Co. Humane Society, hereinafter referred to as
("Contractor") effective November 11, 2021; and
WHEREAS, an agreement for emergency services was executed between the parties with
an effective date of November 11, 2021; and
WHEREAS, it is the intent of the ACA to extend this emergency contract and to negotiate
a longer term contract in its place with the ACA; and
WHEREAS, the City of Pasco, Washington is designated as the Operating Jurisdiction for
the Tri-City Animal Control Authority; and
WHEREAS, in order to execute a longer-term contract agreeable to both parties,
additional time is needed on an emergency contract basis to maintain operational integrity of
animal control services.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
Section 1. That the City Council of the City of Pasco approves the terms and conditions of
the Amendment to the Personal Services Agreement between the Benton-Franklin Humane
Society and the Tri City Animal Control Authority; a copy of which is attached hereto and
incorporated herein by reference as Exhibit A.
Section 2. The City Manager of the City of Pasco, Washington, is hereby authorized,
empowered, and directed to sign and execute said Amendment on behalf of the City of Pasco.
Be It Further Resolved, that this Resolution shall take effect immediately.
Page 203 of 231
Resolution – Amendment to BFHS Emergency Contract - 2
PASSED by the City Council of the City of Pasco, Washington and approved as provided
by law this ____ day of _______, 2022.
_____________________________
Blanche Barajas
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 204 of 231
Amendment to the Personal Services Agreement-BFHS - 1
AMENDMENT TO PERSONAL SERVICES AGREEMENT
THIS AMENDMENT TO PERSONAL SERVICES AGREEMENT is made this ____
day of May, 2022, to that certain Personal Services Agreement (“Agreement”) effective November
11, 2021, The Benton-Franklin Co. Humane Society, hereinafter referred to as ("Contractor")
and the Tri-City Animal Control Authority, hereinafter referred to ("ACA"), and upon the timely
election by both parties to amend Article 16.1 of the agreement in order to extend the agreement
for another forty-five (45) days.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, by the
Amendment, the following terms shall be amended:
1. Article 16. TERM OF AGREEMENT shall be and hereby is amended and shall read as
follows:
16.1 This is an emergency contract that shall be effective November 11,
2021 until July 15, 2022, at which time this contract shall terminate
and be replaced with a new contract, unless either party elects not to
enter into such new contract.
2. Remaining Terms and Conditions. All remaining terms and conditions of the Agreement
shall remain in full force and effect.
IN WITNESS THEREOF, City and Contractor have executed this Amendment on the
day and year first above written.
________________________________ _______________________________
Dave Zabell, City Manager Cecilia O’Shaughnessy, Board President
Benton-Franklin Humane Society
_______________________________
Autumn White, Executive Director
ATTEST: APPROVED AS TO FORM:
________________________________ ________________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 205 of 231
PERSONAL SERVICES AGREEMENT
ANIMAL CONTROL SERVICES
FOR THE ANIMAL CONTROL AUTHORITY OF
KENNEWICK, PASCO & RICHLAND
THIS AGREEMENT is made and entered into between The Benton-Franklin Co. Humane
Society, hereinafter referred to as "Contractor" and the Tri-City Animal Control Authority,
hereinafter referred to "ACA", an unincorporated association comprised of the cities of
Kennewick, Pasco , and Richland , political subdivisions of the State of Washington , on this 11th
day of November, 2021 .
ARTICLE 1. PURPOSE OF AGREEMENT
1.1 The purpose of this Agreement is to establish the relationship between the ACA and the
Contractor. The Contractor shall provide animal control services in specified areas within
Benton and Franklin Counties for the cities of Kennewick, Pasco and Richland as
specified herein. In consideration for said services , the ACA shall pay the Contractor in
U.S. funds such moneys and in such manner as herein described.
ARTICLE 2. WHOLE AGREEMENT
2.1 This is the complete and exclusive statement of the agreement between the parties
relevant to the purpose described above and supersedes all prior agreements or proposals ,
oral or written, and all other communication between the parties relating to the subject
matter of this Agreement. No modification of this Agreement will be binding on either
party except as a written addendum signed by authorized agents of both parties .
ARTICLE 3. WRITTEN NOTICE
3.1 Any notice of change, termination or other communication having a material effect on
this Agreement shall be served in one or more of the following manners:
a . In-person delivery to the Pasco City Clerk if deli vering to the Authority ; an
authorized officer, employee , agent or other representative if delivering to the
Contractor.
b. Deposited in the U.S . mails under certified or registered handling, postage prepaid,
posted to the address(es) provided herein :
City of Pasco
Dave Zabell , City Manager
PO Box 293
Pasco, WA 9930 I
Telephone: (509) 544-3404
c. By e-mail sent to either party.
Contractor
Benton-Franklin Humane Society
ATTN: Executive Director
1736 E. 71h Ave
Kennewick, WA 99337
Page 206 of 231
Article 4. GOVERNING LAWNENUE
4.1 This Agreement shall be governed by the laws of the State of Washington . Any action or
suit comm enced in connection with thi s Agreement shall be in the Franklin County
Superior Court.
4 .1. l All rights and remedies of either party shall be cumul a ti v e a nd may be exercised
successivel y or concurrently. The foregoing is without limitation to or wai ver of
any other rights or remedies of either party according to law. It is agreed that
fifteen ( 15) calendar days shall constitute reasonable notice for the exercise of any
right in the event that applicable law specifically requires such notice , unless a
more specific time frame is required by applicable statute.
ARTICLE 5. ATTORNEY FEES
5 .1 Attorney's fees , which are reasonable , and costs including those in appeal , if appeal is
taken , shall be allowed to the prevailing party by any court hearing a dispute under this
Agreement.
ARTICLE 6. JUDICIAL RULINGS
6.1 If any prov ision of this Agreement, as applied to either party or to any circumstance, shall
be adjudged by a court to be void or unenforceable the same shall in no way affect any
other pro v ision or the validity or enforceability of this Agreement.
ARTICLE 7. INDEPENDENT CONTRACTOR
7.1 The Contractor shall be an "independent contractor." All persons employed to furnish
services hereunder are employees of the Contractor and not of the ACA. Further, the
ACA shall not be liable for any of Contractor's acts or omissions performed under this
Agreement or other agreements to which Contractor is a party.
ARTICLE 8. INDEMNIFICATION AND HOLD HARMLESS
8.1 The Contractor shall defend, indemnify and hold the ACA and the individual Cities of
Kennewick, Pasco , and Richland, their officers, officials , employees and volunteers
harmless from any and all claims , injuries , damages , losses or suits including attorney
fees, arising out of or in connection with the performance of this Agreement, except for
injuries and damages caused by the sole negligence of the City .
The City shall defend , indemnify and hold the Contractor and their officers , officials ,
employees and volunteers harmless from any and all claims , injuries , damages , losses or
suits , whether known or unknown, including attorney fees , arising out of or in connection
with the prior performance, negligence , malfeasance , acts , or omissions of previous
contractors of the ACA.
Page 207 of 231
It is further specifically and expressly understood that the indemnification provided
herein constitutes the Contractor's waiver of immunity under Industrial Insurance , Title
51 RCW, solely for the purposes of this indemnification. This waiver has been mutually
negotiated by the parties. The provisions of this section shall survive the expiration or
termination of this Agreement.
ARTICLE 9. INSURANCE
9.1 The Contractor shall procure and maintain for the duration of the Agreement. insurance
against claims for injuries to persons or damage to property which may arise from or in
connection with the performance of the work hereunder by the Contractor, their agents ,
representatives , employees or subcontractors.
Minimum scope of insurance and minimum insurance limits of the types described below
shall be maintained by the Contractor.
a. Commercial General Liability insurance shall be written on Insurance Services Office
(ISO) occurrence form CG 00 01 and shall cover liability arising from premises ,
operations, independent contractors , stop gap liability , personal injury and advertising
injury, and liability assumed under an insured contract. The Commercial General
Liability insurance shall be endorsed to provide a per project general aggregate limit
using ISO form CG 25 03 05 09 or an equivalent endorsement. The ACA shall be
named as an additional insured under the Contractor's Commercial General Liability
insurance policy with respect to the work performed for the ACA using ISO
Additional Insured endorsement CG 20 10 10 01 and Additional Insured-Completed
Operations endorsement CG 20 3 7 10 01 or substitute endorsements providing at least
as broad coverage. The ACA consisting of City of Kennewick, PO Box 6108,
Kennewick WA 99336; City of Pasco, PO Box 293, Pasco WA 99301 ; and City of
Richland, 505 Swift Blvd., Richland WA 99352, shall be named as additional
insureds under the Contractor's Commercial General Liability insurance policy with
respect to the work performed for the ACA.
b. Commercial General Liability insurance shall be written with limits no less than
$1 ,000 ,000 per each occurrence , $2 ,000 ,000 general aggregate and $2,000,000
products completed operations aggregate limit.
c. Automobile Liability insurance covering all owned, non-owned, hired and leased
vehicles. Coverage shall be written on ISO form CA 00 01 or a substitute form
providing equivalent liability coverage . If necessary, the policy shall be endorsed to
provide contractual liability coverage.
d. Automobile Liability insurance shall have a mm1mum combined single limit for
bodily injury and property damage of $1 ,000 ,000 per accident.
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e. Workers' Compensation coverage as required by the Industrial Insurance laws of the
State of Washington.
f. Law Enforcement Professional insurance in the amount of $500 ,000 .
9 .2 Other Insurance Provisions.
The insurance policies are to contain , or be endorsed to contain , the following provisions
for Automobile Liability and Commercial General Liability insurance :
a. The Contractor's insurance coverage shall be primary insurance with respect to this
Contract. Any Insurance , self-insurance , or insurance pool coverage maintained by
the ACA shall be excess of the Contractor's insurance and shall not contribute with it.
b . The Contractor's insurance shall be endorsed to state that coverage shall not be
cancelled by either party, except after thirty (30) days prior written notice by certified
mail , return receipt requested , has been given to the ACA.
9 .3 Acceptability of Insurers.
Insurance is to be placed with insurers with a current A.M. Best rating of not less than A:
VII.
9 .4 Verification of Coverage.
Contractor shall furnish the ACA with original Certificates of Insurance and a copy of the
amendatory endorsements , including but not necessarily limited to the additional insured
endorsement, evidencing the insurance requirements of the Contractor before
commencement of the work.
9.5 Subcontractors
Contractor shall include all subcontractors as insured's under its policies or shall furnish
separate certificates and endorsements for each subcontractor. All coverages for
subcontractors shall be subject to all of the same insurance requirements as stated herein
for the Contractor. The Contractor shall ensure that the ACA is an additional insured on
each and every Subcontractor's Commercial General Liability insurance policy using an
endorsement as least as broad as ISO CG 20 10 10 01 for ongoing operations and CG 20
3 7 10 01 for completed operations .
ARTICLE 10. NONDISCRIMINATION
10 .1 The Contractor agrees to abide by all Federal , State and/or local ordinances prohibiting
discrimination with regard to employment and client services. If the Contractor
subcontracts , said subcontract shall include appropriate safeguards against discrimination
in such services and employment binding upon each Contractor or subcontractor. The
Contractor shall take such action as may be required to insure full compliance with this
clause, including sanctions for noncompliance. Any violations of this provision shall be
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considered a material violation of this Agreement and shall be grounds for cancellation,
termination or suspension in whole or in part by the ACA.
ARTICLE 11. NONASSIGNMENT
11.1 No portion of nor any interest in this Agreement may be assigned to a third party
without the prior written approval of the ACA.
ARTICLE 12. USE OF ACA FACILITIES
12.1 By and through this Agreement, Contractor and its employees or agents shall have the
right to use such portions of the Animal Shelter, which is leased to the ACA by the City
of Pasco. The leased premises shall constitute those areas that are designated by the
ACA for Contractor's use and determined to be necessary to perform the required
services under this Agreement. Contractor shall have no right of access to any other
facilities of the ACA without the prior approval of the ACA Management Committee.
The shelter is currently located at 1312 S. 18th Ave. Pasco, Washington. Contractor's
use of the premises shall be subject to the following:
12.1.1 Permitted Use:
a. The premises shall be used for animal control operations conducted for the cities of
Kennewick, Washington, Pasco, Washington, and Richland, Washington pursuant to
enforcement of Tri-City Animal Control Authority agency ordinances and for no other
purpose without the written consent of the ACA.
b. The ACA shall have the right to lease unused areas in the shelter, provided that the ACA
and Contractor shall work cooperatively to determine the best utilization of the space in
the facility.
1. Restrictions on Use:
In connection with the use of the Premises, Contractor shall:
A. Conform to all applicable laws and regulations of any public authority
affecting the Premises and its use thereof.
B. Refrain from any activity (other than those activities within Contractor's
normal and customary course of conduct) that would make it impossible to
insure the Premises against casualty or that would substantially increase
the insurance rate.
C. Refrain from any use that creates a nuisance.
D. Refrain from loading the electrical system or floors beyond the point
considered safe by a competent engineer or architect selected by Landlord.
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E . Not cause or permit any Hazardous Substance to be spilled, leaked,
disposed of, or otherwise released on the Premises .
F . Not cause or permit litter, garbage or other refuse or debris to accumulate
on the Premises except in suitable garbage containers .
2. Repairs and Maintenance:
3 .
The ACA shall be responsible for all repairs and maintenance necessitated by
Contractor's reasonable use and occupancy, including, but not limited to the
following:
A. Repairs of the roof and gutters, exterior walls , bearing walls , structural
members, floor slabs and foundation .
B . Repair of exterior water, sewage and electrical services up to the point of
entry to the Premises.
C. Repair of heating and cooling systems.
D. Repair of interior walls , ceilings , doors , windows , and related hardware ,
light fixtures, switches, wiring and plumbing.
Alterations:
A . Contractor Alterations Prohibited. Contractor shall make no improvements
or alterations on the Premises of any kind without first obtaining the
ACA's written consent. All alterations shall be made in a good and
workman-like manner, and in compliance with plans submitted to and
approved by the Landlord and in accordance with applicable laws and
building codes.
B . Ownership and Removal of Alterations. All improvements and alterations
performed on the Premises by Contractor shall be the property of Landlord
when installed unless the applicable Landlord's consent specifically
provides otherwise. Improvements and alterations installed by Contractor
shall, at Landlord's option, be removed by Contractor and the Premises
restored, at Contractors expense, unless the applicable Landlord's consent
specifically provides otherwise.
4. Property Insurance and Waiver of Subrogation:
City of Pasco shall purchase and maintain during the term of the lease all -risk
property insurance covering the Building for its full replacement value without
any comsurance prov1s1ons.
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Contractor and City of Pasco hereby release and discharge each other from all
claims , losses and liabilities arising from or caused by any hazard covered I 00%
by property insurance on or in connection with the premises of said building. This
release shall apply only to the extent that such claim , loss or liability is covered
I 00% by insurance.
City of Pasco will insure personal property of the ACA in the amount equal to the
value of the ACA-owned inventory and is under no obligation to insure any of
Contractor's personal property located in the Premises.
5. Utilities:
ACA shall provide and pay for the following utilities : electric service, gas, water
and sewer services. Contractor shall provide telephone and communication
services, garbage disposal services, janitorial services, and security services as
needed.
6. Damage or Destruction:
If the Premises are damaged or destroyed in whole or in part by no fault of
Contractor, and Contractor is unable to provide services required by Agreement,
the ACA may, at its option, elect to terminate this Agreement upon thirty (30)
days ' notice.
7. Surrender:
Upon expiration of the Agreement term or earlier termination as provided herein,
Contractor shall surrender the Premises in the same condition as at the
commencement of its use, reasonable wear and tear expected.
ARTICLE 13. RESPONSIBILITY FOR SUPPLIES AND MATERIALS
13 .1 The ACA shall have no responsibility for the loss, theft, mysterious disappearance or
damage to all equipment, tools, materials, supplies and other personal property of
Contractor or its employees, agents or subcontractors, which may be stored on ACA
premises . Contractor shall provide the ACA an inventory of property no later than
January 15 , each year. Upon termination or expiration of this Agreement a walk-through
of the premises shall be performed to reconcile the inventory of property. Failure to
participate in the post-service walk-through by the Contractor shall constitute a waiver of
any claim to ownership of disputed equipment or inventory.
ARTICLE 14. TERMINATION OF AGREEMENT
14.1 This Agreement may be terminated under the following conditions:
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a. By written mutual agreement of both parties. Termination under this provision
may be immediate.
b. Without cause upon six (6) months written notice by either party to the other of
intent to terminate.
c . The ACA may in its sole discretion , unilaterally terminate this contract on thirty
(30) days written notice for documented performance failures pursuant to this
agreement. Contractor maybe allowed 30 days to correct conditions not in
compliance with this Agreement. At its sole discretion , the ACA may extend the
30-day cure period based upon the progress of the Contractor to correct conditions
in the initial 30-day period or any factors outside the control of the Contractor that
prevent correcting the condition within the initial 30 days.
i. The ACA may, in its sole discretion , unilaterally terminate this
contract, without notice, for emergency law enforcement action such
as a criminal investigation, criminal charges or civil complaint against
the Contractor, its agents , employees, assigns or subcontractors related
to the performance of this agreement.
d. Upon thirty (30) days' notice by the ACA, in the event of property loss of the
leased premises, natural disaster preventing performance under this Agreement.
e. The Contractor may in its sole discretion, unilaterally terminate this contract on
thirty (30) days written notice for documented performance failures pursuant to
this agreement. ACA may be allowed 30 days to correct conditions not in
compliance with this Agreement. At its sole discretion, the Contractor may extend
the 30-day cure period based upon the progress of the ACA to correct conditions
in the initial 30-day period or any factors outside the control of the ACA that
prevent correcting the condition within the initial 30 days.
If this Agreement is terminated by either party, the ACA agrees to pay to the Contractor
all costs and expenses associated with services provided to the effective day of
termination. Monies due and payable will be pro-rated based on the number of service
days performed through the date of termination.
Notwithstanding any termination hereunder, all requirements of this Agreement shall
remain in full force and effect through the date of termination upon written notice.
ARTICLE 15. STANDARD OF SERVICES
15 .1 Contractor agrees to perform services with the standard of skill and diligence normally
provided by a professional organization in the performance of similar services . It is
understood that the Contractor must perform the services based in part on information
furnished by ACA and that Contractor shall be entitled to rely on such information.
However, Contractor is given notice that ACA will be relying on the accuracy, level of
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competence and completeness of Contractor's services in utilizing the results of such
services. To further this level of service , the Contractor will develop , within 90 days of
the beginning of this Agreement, a set of written operational procedures relating to daily
operations, including but not limited to euthanasia procedures. Such procedures shall be
subject to the approval of the ACA and the Contractor will be accountable for compliance
with such procedures.
15.2 Additional standards of service requirements shall include , but not be limited to, the
following:
• Maintain good customer service skills.
• Animals and residents shall be treated respectfully and courteously at all times .
• Encourage community involvement through volunteer opportunities if desired by
contractor
• Be responsive to city/citizen requests.
• Maintain a professional appearance .
• Maintain professionalism with the public and public agencies.
15.3 Contractor warrants that the recommendations, guidance, training and performance of
any person assigned under this Agreement shall be in accordance with generally-accepted
practices for handling and treatment of animals , professional standards and applicable
regulatory practices , and requirements of this Agreement.
ARTICLE 16. TERM OF AGREEMENT
16 .1 This is an emergency contract that shall be effective November 11, 2021 until May 31 ,
2022, at which time this contract shall terminate and be replaced with a new contract,
unless either party elects not to enter into such new contract.
ARTICLE 17. SURVIVAL
1 7 .1 The terms, conditions , representations , and all warranties contained in this Agreement
shall survive the termination or expiration of this Agreement.
ARTICLE 18. DUTIES AND RESPONSIBILITIES OF THE CONTRACTOR
18 .1 See Attachment A -Scope of Work.
ARTICLE 19. FEES
19.1 The Contractor agrees to provide animal control services as herein specified and in the
manner specified. The ACA shall have no liability for taxes, insurance or other expenses
associated with the performance of the Contractor's duties hereunder. The ACA shall
compensate the Contractor in monthly installments in an amount according to the
Compensation Schedule included with Attachment B . The Contractor shall be responsible
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for collecting appropriate impounding fees and boarding fees and shall be responsible for
remittance to the Cities according to the Fee Schedule included with Attachment C.
ARTICLE 20. METHOD OF PAYMENT
20.1 Payment shall be made within IO days upon receipt by ACA of a written invoice to be
provided to ACA by Contractor at the end of the month in which services were rendered.
ARTICLE 21. PUBLICITY
21 .1 Contractor shall not use in its external advertising , marketing programs , or other
promotional efforts any data, pictures , or other representations of the ACA except on
prior specific written authorization from ACA.
ARTICLE 22. SUBCONTRACTING
22.1 The Contractor shall not employ other subcontractors without prior written approval of
the ACA nor shall the duties of the Contractor under the contract be delegated without
prior written approval of the ACA. Unless otherwise expressly agreed by ACA, the
Contractor shall remain responsible for the quality and timeliness of performance
notwithstanding any delegation of said required performance.
22.2 The Contractor will assume full responsibility for administering and managing all of its
subcontractor(s). All ACA communications concerning any subcontractor will be
directed through the Contractor's resident general manager.
22.3 The ACA may enter into agreement with other jurisdictions in the area to provide animal
control services. Contractor shall enter into these agreements only upon mutual written
agreement between the ACA and Contractor. The Contractor is prohibited from entering
into agreements or providing animal control services with other jurisdictions without
prior written approval of the ACA.
ARTICLE 23. INSPECTIONS AND RECORDS
23 .1 The Contractor shall submit to inspections of the premises and records by representatives
of the ACA at any time , without prior notice. Such inspections may include , but not
limited to, financial audits , records audits , inspection of kennels , or observation of
procedures. The Contractor will also submit to inspection and oversight by a professional
oversight committee appointed by the ACA. Contractor agrees to maintain all records
with respect to services provided under this Agreement for six ( 6) years and shall
maintain such records in such a manner as to preserve those records in case of a public
records request. Contractor shall fully comply with ACA and Cities to respond to
applicable requests for public records .
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ARTICLE 24. SIGNATURE PAGE
24.1 The Contractor and the ACA hereby agree to all provisions of the Agreement. Signed this
~ day of N\cu,?) 2022 , Pasco. Washington .
CITY OF PASCO, WASHINGTON
~~
ATTEST:
Debra Barham, City Clerk-,
APPROVED AS TO FORM:
CONTRACTOR
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ATTACHMENT A -SC OPE OF SERVICES
DUTIES AND RESPONSIBILITIES OF THE CONTRACTOR
Enforcement of Animal Regulatory Laws
The Contractor shall be fully responsible for taking animals into custody, transporting animals ,
administering and enforcing animal control regulations , investigating animal control complaints,
as well as enforcing action(s) in accordance with the Cities' respective municipal codes and the
Revised Code of Washington (RCW). Responsibilities of the Contractor shall include, but may
not be limited to , the following:
1. Field Service Calls: The Contractor shall initiate within one business day during nonnal
business hours of the Shelter, an investigation and follow up on all animal control
complaints referred to it by the public , appropriate officers , health services or other
entities where the complaints constitute violations of Kennewick, Pasco or Richland
municipal codes . Records shall be kept on each complaint, to include action(s) taken and
disposition( s ). Examples of field service calls may include but are not limited to :
• Domestic animal at large
• Barking dog
• Unlicensed dog or cat in participating
cities
• Dog or cat with no rabies vaccination
• Dog threatens person
• Dog threatens domestic animal
• Dog or cat bite
• Injured or sick domestic animal
• Assist law enforcement agencies upon
request
• Abandoned animal
• Animal cruelty
• Dead on arrival dog or cat
• Confined dog or cat
• Trapping dog or cat
• Dangerous or potentially dangerous dog
• Kennel inspections
• Dangerous dog inspections
• Inherently dangerous mammal or reptile
inspections
• Special Assistance
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2. Apprehension: Apprehend and impound stray dogs and cats . The Contractor shall direct
its animal control officer(s) to return the dog or cat to the owner , if known , while the
officer is in the field and issue a written warning or civil citation to the owner instead of
impounding the animal for a first-time offense. Subsequent offenses shall be impounded.
Vicious animals at large must be impounded including first-time offenses. Complete and
accurate records of all apprehensions and impounds , including disposition of the animal ,
shall be maintained.
3. Secure evidence of suspected violators : Evidence shall be recorded , properly identified,
and stored in a secure location.
4. Distressed Animals: Animals in distress , including hardship cases , such as owner arrest
or house fires , must be impounded. If a distressed animal cannot be safely impounded,
based on the professional opinion of a qualified v eterinarian , it must be destroyed
immediately . The method used for euthanasia must be approved by the ACA.
5. Hazard Removal: Dead animals whose owners are unknown and which constitutes a
traffic hazard on City roadways and Rights-of-Way must be removed. In instances where
a hazard exists which is a violation of local ordinance but the animal is alive , the animal
shall be impounded . The Contractor shall not be responsible for the collection and
disposal of dead animals found on private property.
6 . Disposal of Dead Animals: The Contractor shall pick up and remove small or large dead
animals from City roadways and Rights-of-Way within six (6) hours of notification
during normal business hours . If outside of normal business hours , the dead animals shall
be removed within sixteen (16) hours of initial notification .
7. Emergency Response : The Contractor for animal control enforcement shall be available
twenty-four (24) hours a day, seven (7) days a week, on an emergency response basis.
Emergency response shall be for any of the following:
a . Vicious animals , or animals wild or domestic that may reasonably constitute a
hazard to persons or other animals or threaten public safety .
b . Animals with life-threatening injuries .
c. Hardship cases or law enforcement assistance matters .
d. Special Assistance.
8. Court Appearances: The Contractor's personnel may , on occasion, be required to appear
in court in support of enforcement action. The Contractor shall not receive additional
compensation for these appearances and shall be timely and professional in all such
appearances .
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9. Special Assistance: From time to time special assistance may be required to respond to
unique circumstances and/or animal care needs. Such special assistance or care shall be
the responsibi I ity of the Contractor.
I 0. Citation Authority: Issue civil citations for the violation of animal regulatory ordinances.
11 . Reporting: Provide complete and accurate reports, in a format approved by the ACA, to
the Cities by the 15th of the following month pertaining to the enforcement activities.
12. Telephone: Provide a telephone call receiving system that can accommodate high call
volume and ensure that a message can be left if a person is not available to receive the
call. Contractor shall use best efforts to ensure that phone messages are retrieved within
10 minutes. Emergency callers shall be contacted immediately upon receipt of the
message . After hour emergency calls shall be routed to an on-call employee or answering
service. All calls for service shall be logged and a disposition recorded.
13. Enforcement Officers: A minimum of one enforcement officer will have at least three (3)
years' experience in animal control enforcement and will possess current enforcement
certification. (These requirements may be temporarily waived by agreement of the
Contractor and ACA). All enforcement officers will obtain certification within the
minimum time period and will maintain current status of certification. All enforcement
officers shall be suitably uniformed to present a clean, respectable image to the public .
The Contractor shall be responsible for securing limited enforcement-commissions from
each City to enable the officers to enforce the terms of the Cities' animal regulatory
ordinances. All enforcement officers will be trained in the issuance of citations , as well as
investigation, reports preparation and court procedure, in addition to training in methods
of animal control and handling procedures.
14. Cruelty Complaints: Respond to and provide resolution to complaints regarding animal
cruelty. Whenever evidence of criminal animal cruelty is discovered , such complaints
will be coordinated with the appropriate law enforcement agency for further
investigation, along with a written report.
15. Activities Not Covered: The Contractor shall not generally be responsible for the
following items:
a. Responding to complaints or incidents involving wild animals, except, where it is
in the interest of public safety that the Contractor respond or the public safety is
impaired by the presence of a wild animal, dead or alive, on a public roadway or
within the Right-of-Way.
b. Rehabilitating and restoring to health animals that have been injured, neglected or
abused beyond the basics of shelter, food and water that is not required by State
law.
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Animal Shelter Facilities
The Contractor shall provide animal shelter services at the ACA leased facility for all animals for
which impounding or quarantine is authorized or ordered by this Agreement, by the Cities or the
Benton-Franklin Health District for animals' subject to the Cities' jurisdiction. These facilities
shall be operated and maintained on a 24-hour per-day basis , in a neat, clean and sanitary
condition , in compliance with all applicable go vernmental statutes. ordinances , rules and
regulations and in conformity with established standards for humane animal care.
1.
2.
3.
4.
5.
Shelter Hours: The Shelter or shelter representati v e shall be accessible for contact 24
hours per day , seven days a week on an emergency response basis for the purposes of
animal control. The animal shelter facility shall be opened to the public , with qualified
staff on the premises , on a schedule approved by the ACA. The shelter may be closed on
the following Holidays.
a. Holiday Schedule
i. New Year's Day
ii. Memorial Day
iii . Independence Day
iv. Labor Day
v. Veterans Day
vi. Thanksgiving Day
vii. Christmas Day
Delivery of Animals: The Contractor shall provide a procedure whereby animals may be
delivered to the shelter on a 24-hour basis.
Building : Contractor shall equip and organize the shelter to have an adequate number of
dog kennels and cat cages, isolation facilities for sick dogs and cats , quarantine facilities
for biters or injured animals which are not necessarily sick, and access to large animal
housing . The animal shelter shall be maintained in a clean and sanitary condition and the
Contractor will not permit any condition to exist that might constitute a public nuisance .
The kennel shall comply with the standards set forth in the Humane Society's Uniform
Standards Guidelines (HSUS) for the operation of an animal shelter. The facility site shall
be operated in conformance with local zoning regulations and shall comply with all
Federal, State and local regulations ,
Acceptance and Care of Animals: The Contractor shall provide care and treatment to all
animals held in custody consistent with industry standards . Adequate housing and food
shall be provided, and the shelter shall not be overpopulated.
Owner Surrender: The Contractor shall accept "Owner Surrender" of dog(s) and/or cat(s),
upon payment of such reasonable cost to be established by the Contractor and reviewed
by the ACA, to recover expenses relating to acceptance of such animals . Owner
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surrenders will be conducted at the mam BFHS Facility at 1736 East 7'h Avenue
Kennewick , WA
6 . Reunification : Contractor must make all reasonable attempts to reunite animal with
owner before euthanasia or adoption to include accessing current licensing records , using
contact information on owner provided tags worn by the animal and scanning all animals
to the extent possible to detect implanted computer chips. The owner, if determined, shall
be contacted immediately . If contact cannot be established through phone or in person , a
written notice shall be sent to the owner's listed address at least two days prior to a hold
being removed. Records of attempts to contact the owner shall be kept. Impounded
animals shall be posted on the website and/or any social media outlets utilized within one
business day of receipt of the animal.
7 . Adoption : The Contractor shall be responsible for making every reasonable effort to
prepare and present animals for adoption by the public and to facilitate the same .
Unclaimed animals will be made available for claim by ACA approved adoption
agencies. The adoption process shall take place as determined by the ACA in consultation
with the Contractor.
Unclaimed animals are hereby allowed to be maintained by the Contractor at the Animal
Shelter Facility at the expense of the Contractor, as long as space remains available for
incoming stray animals. Any and all adoption fees for animals after the required hold
times are to be retained by the Contactor.
8. Inspection of Premises : The ACA , through its authorized representatives , shall have the
right to enter upon and inspect the premises during regular business hours for the purpose
of inspecting the facilities for the above-mentioned conditions .
9. Disposal of Unclaimed Animals: The Contractor shall provide for the humane disposal of
unclaimed animals after holding them for a minimum hold time as required by applicable
City Ordinance , unless documented, sickness or injury requires earlier disposal. Under no
circumstance s shall animals not adopted be sold for purposes of medical research or other
activities without the consent of ACA. Animals that are abandoned or surrendered at the
shelter will be held for a minimum period of the hold times that are defined as : dogs 72
hours , cats 24 hours ; unless age , sickness , and/or injury requires earlier disposal. Animals
that are unable to feed on their own are not required to be held. The Contractor shall be
responsible for maintaining animals beyond the minimum time as may be required for the
completion of any judicial process or to the extent required by law. Animals held longer
than the minimum hold times required by City Ordinance or otherwise stipulated by
terms of this contract are at the expense and responsibility of the Contractor.
10 . Euthanasia: Arrange and/or provide for the humane euthanasia and disposal of unwanted
animals. This shall be accomplished in a manner approved by Federal or State regulations
which shall not subject such animals to any unnecessary pain. Euthanasia will be
performed in a non-public area and out of sight of visitors to the kennel. Euthanasia will
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11.
12.
13.
14.
15 .
16 .
be performed by licensed veterinarian or certified technicians only as provided by State
law.
Financial Records:
The Contractor shall keep comprehensive records and submit regular detail summary
reports to accompany invoices to the ACA by the 15th of the following month. All
income and expenditures shall be recorded in accordance with generally accepted
accounting principles. The financial records may be subject to audit by any governmental
agency, or contractor hired by one of the governmental agencies with jurisdiction at the
time and place mutually convenient to the parties during the term and for a period of six
(6) years thereafter. Contractor understands that certain records may be subject to State-
mandated retention and shall be kept for a minimum of six (6) years .
Volunteer Program: The Contractor will encourage community involvement through
volunteer opportunities if desired by contractor. Volunteer activities could include pet
enrichment activities , office help , transportation to vet appointments , donation pick-ups ,
adoption events, and cleaning tasks. Any volunteer program is subject to the policies ,
processes , and procedures established by the Contractor 's organization.
Foster Program: The Contractor will manage a Foster Program to help alleviate
overcrowding. The Foster Program will benefit dogs and cats that may have behavior
challenges, the elderly, sick or recovering from surgery , and puppies and kittens that need
24/7 care.
Education: Provide education to the public. Which can include but not limited to:
a. Dog bite prevention program
b. Public service announcements
c. Community outreach -fair booth, license clinics , special events , etc.
Website: Update and maintain all facets of the website. Including:
a . Lost & Found Pets
b. Adopt a New Pet
c. Our Pet List
d . Foster Program
e. Photo Gallery
f. Volunteer Opportunities
Telephone Number and Name : The shelter telephone number (509) 545-3740, facsimile
number (509) 545-9293 and names, "Tri-City Animal Shelter & Control Services" &
"Tri-City Animal Shelter" belong to and are owned by the ACA and will remain the
property of the ACA upon termination of this contract. Each Member City of the ACA
will list the number along with other City services in Agency directory and/or Agency
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17.
18.
19.
Website . Additional listings in the yellow pages or other directories are the responsibility
of the Contractor.
Pound Master: The Contractor shall be the Cities' Pound Master(s).
Collect Fees : The Contractor shall be responsible for collecting appropriate impounding
and boarding fees, according to the Attachment C Fee Schedule, and submitting such fees
to the respective Cities monthly. Failure to collect and submit fees can result in ACA
withholding service payment until resolved.
Licenses : The Contractor shall ensure that all animals released or adopted are properly
licensed and vaccinated for rabies in accordance with City ordinances , and shall remit
license fees to the Cities.
Equipment
1. The Contractor shall be responsible for and obtain all equipment, tools and supplies used in
performing the Contractor's obligations arising under this agreement. All equipment, tools &
supplies that are donated to the Contractor for use in obligations under this contract,
purchased with ACA funds and/or the ACA has furnished or expressly promises to furnish
with set-aside funds shall become property of the ACA upon termination of this contract.
ACA funds shall include the approved Contractor budget and any set-aside funding .
Operating supplies , such as office & cleaning supplies , forms and food are not to be
included on the inventory . Contractor shall, upon termination of the contract maintain
sufficient and reasonable operating supplies so that an incoming contractor can maintain
reasonable service levels without interruption.
2. The Contractor shall have computer chip detection equipment to be able to detect and read
computer chips in animals to assist in locating the owner.
3 . Animal Transport Equipment: The ACA will provide 3 patrol vehicles under this contract as
identified in the vehicle set-aside of the Compensation Schedule. Vehicles purchased with
ACA funding will remain the property of the ACA upon termination of this contract. The
ACA shall be responsible for licensing and maintaining the ACA patrol vehicles to carry out
the enforcement activities of the contract. The patrol vehicles shall have a uniform
appearance , be conspicuously marked and identified, equipped with communication
equipment and equipped in such a manner as to provide humane treatment for the animals
transported. Communication equipment may be provided through handheld radio or cellular
phone device upon approval of the ACA . Contractor shall provide documentation of
comprehensive, bodily injury, liability and property damage insurance coverage for a
minimum limit of $1 ,000,000 for all vehicles used in performance of this contract. The
Contractor will begin the initial term of this contract with the following ACA vehicles:
2014 Ford Transit -VIN# NM0LS6E70E 1157980
2015 Ford Transit-VIN# NM0LS6E73Fl 176699
2007 Ford PU -VIN# 1FTRF12277KC62235
Page 223 of 231
2003 Chevrolet Cargo Van -VIN#lGCHG35U8312 l 1943
Other equipment, tools & Supplies that Contractor provides for use in obligations under this
agreement that are not purchased with ACA funds shall remain the property of the Contractor.
Records and Reports
The Contractor sha11 be required to develop its own record-keeping procedures and to maintain
records of all animals it handles in accordance with applicable public records statutes as outlined
in the Rev ised Code of Washington.
1. Reports including but not limited to:
a . Number of impounds
b . Number of adoptions
c. Number of emergency responses
d . Disposition of complaints regarding animals
e. Dangerous or potentially dangerous animals and dog-bit incidents
f. All initiated criminal citations issued
g . Any additional information that may be required by a City through its regulatory
ordinances
h . Number of animals destroyed by euthanasia
2. The Reports shall include the following information:
a. description of animal ;
b . reason it was brought in ;
c. who brought in the animal ;
d. from what City the animal was brought in ;
e. time frame , of when animal brought m , how long it stayed, when released,
redeemed, adopted, euthanized;
f. fees collected.
g. record of all adoptions with names and addresses of new owner;
h. record of licenses sold with names and addresses.
3. Failure to Submit: Failure to submit records , reports and/or fees as required in this
agreement to the ACA can result in ACA withholding service payment until resolved.
The above-required information shall be available to ACA on a monthly basis on
approved forms as requested and shall be accessible to the ACA during normal business
hours. Fees collected and record of licenses sold including names and addresses shall be
delivered to the appropriate City on a monthly basis. Financial and other statistical
information shall be provided monthly by the 15th of the following month as required by
ACA. The appropriate City shall also receive records of all dangerous or potentially
dangerous dog-bite incidents , to the best of the Contractor's ability .
Page 224 of 231
ATTACHMENT B -COMPENSATION SCHEDULE
Pro-Rated Budget
Benton Franklin Humane Society Initial Budget
Medical/Vet
Supplies $77.41
Prescriptions $22,770 .04
Lab and Testing
Outsourced Vet Fees or In -House Vet Salary $202,801.66
Total $225,649.11
Animal Care
Kennel Supplies $88,535.34
Dog and puppy food $16,892.60
cat and kitten food $4,029.87
Litter $10,355.22
Small Animal Supplies and Feed $82.65
Medical Supplies $17,413.04
Rabies Vax $701.20
Dog vax & Bordetella $9,922 .18
Cat Vax $6,857.67
Parasiticides $16,141.95
SNAP tests $2,583 .15
Microchips $1,664.00
Leashes and Collars $3 ,751.39
ID Tags $1,432.28
Prescription Drugs $8,142.90
Foster Care Supplies $350.93
Medicated Shampoo $2,583 .15
Total $191,439.53
Bldg Maint
Repair & Maint (Bldg) $4,133.04
Repair & Maint (Equip) $1,394.90
HVAC Maint $1,549.89
Total $7,077.83
Vehicle Fees
Insurance $11,365.86
General Maintenance $7,232.82
Gas $9,299 .34
Registration $536.27
Total $28,434.29
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Property and Business Tax
$6,941.33
General Liability Insurance
$9,505.99
Professional Fees
CPA Firm (audits every 2nd year) $4,596.46
Answering Service $14,465.64
Other Prof. Fees $4,590.91
Payroll Service (timesheets) $1,885.16
Bank Fee $1,037 .94
Merchant Processing $251.87
TOTAL $26,827.98
Utilities
Electricity Covered by ACA
Water/Sewer Covered by ACA
Gas
Garbage $6,199.56
Business Phone/Internet $8,740.16
Cellular Service $13,949.01
Equipment Rental $82.32
Security System $5,698 .53
Hazardous Waste Disposal $545.33
Grounds Maintenance/Lnsc Covered by ACA
Total $35,214.92
Direct Mail
$0 .00
Salaries and Insurance
Group Insurance/Benefits $77,494 .50
Payroll Tax $57,528 .76
Salaries and Wages $ 844,800.00
Total $979,823.26
Special Events and
Fund raising
$0 .00
Administration
Shelter Buddy Software $9483.19
Returned Checks $40 .00
Volunteer Recognitions $0.00
Office Supplies $2,789.80
Printing $2,789.80
Copier $3,325,54
Comp Repairs/Phone Maint $3,099.78
Safety/First Aid Supplies/CPR $3,030.97
Page 226 of 231
Dues and Subscriptions $5,294.55
Travel, Conference, Training, $3,616.41
Meals and Trans $325.48
Uniforms $3,214.24
Janitorial Supplies $2,583 .15
Employee Recognition $398.37
Business Cards $332 .80
Total $36,998.54
Operating Expense
Bank Service Charge $309.98
Merchant Processing $9,299.34
Office Expense $0 .00
Total $12,871.88
Grand Total $1,512,865.21
Pro Rated Monthly Fee $126,072.10
Monthly Rate per ACA Member $42,024.03
Page 227 of 231
ATTACHMENT C -FEE SCHEDULE
Pe nalty (Citation)
First Offense
Second Offense
Third Offense
Four or more
A nnu a l License Fees
Unaltered Cats and D ogs
Altered Cats and Dogs
Dangerous or Wil d Animal Permit
I d F mpoun ee
First
Second
Three or More
Hourly tim e for animals
Cats w/o License
Cats w/ License and Dogs
I 10-day T e mporary License
Ken newic
k
$50 .00
$100.00
$200 .00
$400 .00
$0.00
$0 .00
$250.00
$10 .00
$50.00
$100.00
24
72
Yes
Pasco
$50 .00
$100 .00
$200 .00
$400 .00
$45.00
$10 .00
$250.00
$3 5 .00
$50 .00
$100 .00
48
72
Yes
Richland
$30.00
$50 .00
$75 .00
$100.00
$4 5.00
$10 .00
$250 .00
$3 5.00
$35 .00
$35 .00
72
72
Yes
Page 228 of 231
ATTACHMENT D -ADDITIONAL FEES/COSTS RE
EMERGENCY TAKEOVER
FEES
$1,500 p/week, billable monthly, until
contract is terminated or long-term
Emergency Contract Addt'I Fees contracted is executed Paid by ACA to BFHS.
Paid for by ACA, asset
belongs to ACA as part
of long-term fixed
asset inventory. Quote
Replacement of dangerous, unhealthy sent by BFHS for
cat kennels in TCAS shelter facility to kennels meeting
Cat Kennel Replacement meet standards of care standards of care .
Work paid for and
performed by ACA or
their separate 3rd party
contractors. Room
remains out of
operation until this
item is complete and
Remove animal waste, clean, and may interfere with
disinfect drains in puppy/small dog ability to provide
Puppy Room Drain Cleaning and rooms until safe for human and services to community
Disinfectant animal occupancy due to limit in space.
Bring the facility up to building code Work paid for and
with the installation of fire performed by ACA or
suppression systems and smoke/fire their separate 3rd party
Building Code Upgrade detection systems, rodent control, etc. contractors .
BFHS is able to provide
a quote for this items
required .
Reimbursement by
ACA for labor and
items vs payment and
services provided by
ACA and/or their own
Bring the IT system up to usable levels Staff /3rd party
so staff can perform work at an contractor shall be
acceptable level expected of any agreed upon prior to
IT System Upgrade business . contract signing .
Page 229 of 231
ATTACHMENT E -FULL SHELTER STAFFING LEVEL
REQUIREMENTS PER ASV GUIDELINES
Employe
Position r Paid Notes
Benefits?
ACO Supervisor Yes Med/Den benefits paid
ACO Officer 1 Yes -$100 towards med/den benefits paid by
Partial Pd EE each mo
ACO Officer 2 Yes -$100 towards med/den benefits paid by
Partial Pd EE each mo
ACO Officer 3 Yes -$100 towards med/den benefits paid by
Partial Pd EE each mo
ACO Officer 4
Yes -$100 towards med/den benefits paid by
Partial Pd EE each mo
Med/Den benefits paid -*1/2 salary as
Executive Director Yes they will coordinate between both
programs
Executive Med/Den benefits paid -*1/2 salary as
Yes they will coordinate between both Assistant programs
Finance *1/2 salary as they will coordinate Manager/Business No between both programs Office Manager
Shelter Operations Yes *1/2 salary as they will coordinate
Manager between both programs
Shelter Operations No Team Lead
Admissions No Coordinator
Foster No *1/2 salary as they will coordinate
Coordinator between both programs
Volunteer No * 1/2 salary as they will coordinate
Coordinator between both programs
Front Desk -FT No
Front Desk -FT No
Front Desk -FT No Part -time Staff Member
Animal Care Aide No
Page 230 of 231
Animal Care Aide No
Animal Care Aide No
Animal Care Aide No
Animal Care Aide No
Animal Care Aide No
Animal Care Aide No
Animal Care Aide No Part-time Staff Member
Animal Care Aide No Part-time Staff Member
Shelter Care Aide No
TOTAL
Page 231 of 231