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Home My WebLink About2025.06.16 Council Meeting Packet AGENDA City Council Regular Meeting 7:00 PM - Monday, June 16, 2025 Pasco City Hall, Council Chambers & Microsoft Teams Webinar Page 1. MEETING INSTRUCTIONS for REMOTE ACCESS - Individuals, who would like to provide public comment 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 1-332-249-0718 and use access code 632 827 205#. 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. Audio equipment available for the hearing impaired; contact the Clerk for assistance. Servicio de intéprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos dias antes para garantizar la disponiblidad. (Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.) 2. CALL TO ORDER 3. ROLL CALL (a) Pledge of Allegiance 4. CONSENT AGENDA - All items listed under the Consent Agenda are considered to be routine by the City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be no separate discussion of these items. If further discussion is desired by Councilmembers, the item may be removed from the Consent Agenda to the Page 1 of 409 Regular Agenda and considered separately. 8 - 16 (a) Approval of Meeting Minutes for June 2nd and June 4th To approve the minutes of the Pasco City Council Regular Meeting held on June 2, 2025, and Special Meeting held on June 4, 2025. 17 - 18 (b) Bills and Communications - Approving Claims in the Total Amount of $7,911,577.34 To approve claims in the total amount of $7,911,577.34 ($2,984,995.87 in Check Nos. 271859 - 272120; $3,518,277.49 in Electronic Transfer Nos. 850169 - 850177, 850248 - 850258; $20,268.42 in Check Nos. 54945 - 54956; $1,387,089.66 in Electronic Transfer Nos. 30226051 - 30226675 $945.90 in Electronic Transfer Nos. 353 - 355). 19 - 42 (c) Resolution No. 4608 - 2026-2031 Transportation Improvement Program Update To approve Resolution No. 4608, adopting the 2026-2031 Six Year Transportation Improvement Program for the City of Pasco for the purpose of guiding the development, design, and construction of local and regional transportation improvements. 43 - 56 (d) Resolution No. 4609 - Professional Services Agreement Amendment No. 5 with WSP USA, Inc. for the Lewis Street Overpass Project To approve Resolution No. 4609, authorizing the Interim City Manager to execute Amendment No. 5 to the Professional Services Agreement with WSP USA, Inc. for the Lewis Street Overpass Project. 57 - 64 (e) Resolution No. 4610 - Renewal Agreement with Visit Tri-Cities for the Promotion of Tourism Management To approve Resolution No. 4610, authorizing the interim City Manager to Execute a renewal agreement with Visit Tri-Cities Visitor and Convention Bureau for the promotion of tourism. 65 - 121 (f) Resolution Nos. 4611, 4612, & 4613 - Approving Three (3) Developer Reimbursement Agreements for the Utility Improvements Associated with the “Broadmoor TIF-Utility Package Project” To approve Resolution No. 4611, authorizing the Interim City Manager to execute a Developer Reimbursement Agreement for the construction of irrigation water utility improvements for the Broadmoor TIF Utility Package Project. Page 2 of 409 To approve Resolution No. 4612, authorizing the Interim City Manager to execute a Developer Reimbursement Agreement for the construction of sanitary sewer utility improvements for the Broadmoor TIF Utility Package Project. To approve Resolution No. 4613, authorizing the Interim City Manager to execute a Developer Reimbursement Agreement for the construction of domestic water utility improvements for the Broadmoor TIF Utility Package Project. 122 - 148 (g) Resolution Nos. 4614 & 4615 - Approving Two (2) Developer Reimbursement Agreements for the Utility Improvements Associated with the “A” Street Sports Complex Project To approve Resolution 4614, authorizing the Interim City Manager to execute a Developer Reimbursement Agreement for the construction of sanitary sewer utility improvements for the "A" Street Sports Complex Project. To approve Resolution 4615, authorizing the Interim City Manager to execute a Developer Reimbursement Agreement for the construction of domestic water utility improvements for the "A" Street Sports Complex Project. (RC) MOTION: I move to approve the Consent Agenda as read. 5. PROCLAMATIONS AND ACKNOWLEDGEMENTS 6. PUBLIC COMMENTS - The public may address Council on any items unless it relates to a scheduled Public Hearing. This item is provided to allow the opportunity to bring items to the attention of the City Council or to express an opinion on an issue. Its purpose is not to provide a venue for debate or for the posing of questions with the expectation of an immediate response. Some questions require consideration by Council over time and after a deliberative process with input from a number of different sources; some questions are best directed to staff members who have access to specific information. Citizen comments will normally be limited to three minutes each by the Mayor. Those with lengthy messages are invited to summarize their comments and/or submit written information for consideration by the Council outside of formal meetings. Lastly, when called upon, please state your name and city or county residency into the microphone before providing your comments. 7. REPORTS FROM COMMITTEES AND/OR OFFICERS (a) Verbal Reports from Councilmembers 8. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO Page 3 of 409 149 - 169 (a) Public Hearing & Ordinance No. 4772 - Wondrack Right-of-Way Vacation (VAC2024-003) (5 minute staff presentation) CONDUCT PUBLIC HEARING MOTION: I move to adopt Ordinance No. 4772, vacating a portion of right-of-way along North 4th Avenue, and further, authorize publication by summary only. 170 - 210 (b) Public Hearing & Ordinance No. 4773 - Pasco School District No. 1 Orion High School Right-of-Way Vacation (VAC2024-004) (5 minute staff presentation) CONDUCT PUBLIC HEARING MOTION: I move to adopt Ordinance No. 4773, vacating a portion of North Utah Avenue and East Salt Lake Street Right-of-Way in Frey's Addition to Pasco and, further, authorize by publication only. 9. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS 211 - 217 (a) Resolution No. 4616 - Consideration of Waiver Related to PMC Section 9.40.020(e) for Special Event Application No. 44023 (5 minute staff presentation) MOTION: I move to approve Resolution No. 4616, authorizing the limited use of liquor within a designated area at Memorial Park for special event application No. 44023. 218 - 235 (b) Resolution No. 4617 - Amendment to Interlocal Agreement with the Pasco School District Related to School Impact Fees (1 minute staff presentation) MOTION: I move to approve Resolution No. 4617, authorizing the Interim City Manager to execute an Amendment to the Interlocal Agreement Between Pasco School District No. 1 and the City of Pasco for the implementation of School Impact Fees. 236 - 257 (c) Ordinance No. 4774 - Amending the PMC Related to Pasco School District's School Impact Fees (5 minute staff presentation) MOTION: I move to adopt Ordinance No. 4774, related to School Impact Fees, amending certain provisions in Chapters 3.35 Pasco Municipal Code, and providing for severability and an effective date, and, further, authorize publication by summary only. Page 4 of 409 258 - 328 (d) Ordinance No. 4767 - Transportation Impact Fee Program (5 minutes staff presenation) MOTION: OPTION A (5 Districts): I move to adopt Ordinance No. 4767, related to Transportation Impact Fees, amending certain provisions in Chapters 3.35 and 3.40 of the Pasco Municipal Code, and providing for severability and an effective date, and, further, authorize publication by summary only. -OR- OPTION B (4 Districts): I move to adopt Ordinance No. 4767, related to Transportation Impact Fees, amending certain provisions in Chapters 3.35 and 3.40 of the Pasco Municipal Code, and providing for severability and an effective date, and, further, authorize publication by summary only. 329 - 335 (e) Ordinance No. 4775 - Amending the Pasco Municipal Code Related to Development Fees (5 minute staff presentation) MOTION: I move to adopt Ordinance No. 4775, amending the Pasco Municipal Code Section 3.35.180Public Works Agreements and Inspections; Section 12.24.100 Street Utilities Fees; and Section 14.10.030 Inspection of Public Works Construction and, further, authorize publication by summary only. 336 - 364 (f) Ordinance No. 4776 - 2025 Issuance Bond for LID No. 152 (2 minute staff presentation) MOTION: I move to adopt Ordinance No. 4776, providing for the issuance of not to exceed $12,678,905.87 aggregate principal amount of local improvement district bonds to provide a portion of the funds necessary to finance public improvements in Local Improvement District No. 152 (“LID No. 152”) and pay the costs of issuance of the Bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City’s designated representative to approve the final terms of the sale of the bonds; fixing the interest rate on assessments within LID No. 152; and providing for other related matters and, further, authorize publication by summary only. 365 - 368 (g) *Resolution No. 4618 - Bid Rejection for MLB Required Improvements at GESA Stadium Pitching and Hitting Tunnels Phase 1C (5 minute staff presentation) MOTION: I move to approve Resolution No. 4618, rejecting all bids for Bid No. 24620: MLB Required Improvements at GESA Stadium Pitching and Hitting Tunnels (Phase 1-C). Page 5 of 409 369 - 373 (h) Budget Amendment for Upsize Program Water and Irrigation 374 - 397 (i) Authorizing the Interim City Manager to Execute the Purchase & Sale Agreement to Purchase Parcel No. 115350010 & Amending the 2025-2026 Capital Projects Budget (5 minute staff presentation) 10. UNFINISHED BUSINESS 398 - 399 (a) Request to Support Flyby by Canadian Armed Forces Aircraft for Tri-City Water Follies Airshow (1 minute staff presentation) MOTION: I move to approve the Mayor signing a letter supporting a flyby by Canadian Armed Forces aircraft as low as 500 feet for the Tri-City Water Follies Airshow. 400 - 404 (b) Consideration to Discontinue Fluoridation in Drinking Water (1 minute staff presentation) MOTION: I move to initiate the process for consideration of the discontinuation of fluoridation in drinking water supply, and to proceed with the required notifications and public process in accordance with RCW 70A.125.210. 11. NEW BUSINESS 405 - 407 (a) Request for Council Support of Greater Columbia 211 Related to WA 2-1-1 Call Center Consolidation (1 minute staff presentation) MOTION: I move to support the Mayor signing a letter of support for a one-year pause for the transition from regional 211 call-centers to a single, state-wide call center. 12. MISCELLANEOUS DISCUSSION 13. EXECUTIVE SESSION (a) Discussion with Legal Counsel About Current or Potential Litigation per RCW 42.30.110(1)(i) (15 minutes) 14. ADJOURNMENT 15. ADDITIONAL NOTES (a) (RC) Roll Call Vote Required * Item not previously discussed Q Quasi-Judicial Matter MF# “Master File #....” Page 6 of 409 408 - 409 (b) Adopted Council Goals (Reference Only) (c) This meeting is broadcast live on PSC-TV Channel 191 on Charter/Spectrum Cable in Pasco and Richland and streamed at www.pasco-wa.gov/psctvlive. Audio equipment available for the hearing impaired; contact the City Clerk for assistance. Servicio de intérprete puede estar disponible con aviso. Por favor avisa la Secretaria Municipal dos días antes para garantizar la disponibilidad. (Spanish language interpreter service may be provided upon request. Please provide two business day's notice to the City Clerk to ensure availability.) Page 7 of 409 AGENDA REPORT FOR: City Council June 11, 2025 TO: Dave Zabell, Interim City Manager City Council Regular Meeting: 6/16/25 FROM: Debra Barham, City Clerk City Manager SUBJECT: Approval of Meeting Minutes for June 2nd and June 4th I. ATTACHMENT(S): 6.2.2025 and 6.4.2025 Draft Council Minutes II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve the minutes of the Pasco City Council Regular Meeting held on June 2, 2025, and Special Meeting held on June 4, 2025. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 8 of 409 MINUTES City Council Regular Meeting 7:00 PM - Monday, June 2, 2025 Pasco City Hall, Council Chambers & Microsoft Teams Webinar CALL TO ORDER The meeting was called to order at 7:00 PM by Pete Serrano, Mayor. ROLL CALL Councilmembers present: Pete Serrano, David Milne, Blanche Barajas, Melissa Blasdel, Charles Grimm, Peter Harpster, and Leo Perales Councilmembers attending remotely: Councilmembers absent: None Staff present: Dave Zabell, Interim City Manager; Richa Sigdel, Deputy City Manager; Kevin Crowley, Fire Chief; Eric Ferguson, City Attorney; Haylie Miller, Community & Economic Development Director; Jesse Rice, Parks & Recreation Director; Matthew Decker, Police Lieutenant; Maria Serra, Public Works Director; and Debby Barham, City Clerk The meeting was opened with the Pledge of Allegiance. CONSENT AGENDA Approval of Meeting Minutes for May 19th and May 27th To approve the minutes of the Pasco City Council Regular Meeting held on May 19, 2025, and Special Meeting & Regular Workshop held on May 27, 2025. Bills and Communications - Approving Claims in the Total Amount of $4,387,389.29 To approve claims in the total amount of $4,387,389.29 ($3,027,172.54 in Check Nos. 271586 - 271858; $87,268.62 in Electronic Transfer Nos.849894 - 850045, 850064 - 850148; $16,731.26 in Check Nos. 54935 - 54944; $1,256,216.87 in Electronic Transfer Nos. 30225414 - 30226050) Page 1 of 7Page 9 of 409 Resolution No. 7605 - 2025-2029 Tri-Cities HOME Consortium Assessment of Fair Housing To approve Resolution No. 4605, approving the 2025-2029 Tri-Cities HOME Consortium Assessment of Fair Housing MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel to approve the Consent Agenda as read. RESULT: Motion carried unanimously by Roll Call vote. 7-0 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales PROCLAMATIONS AND ACKNOWLEDGEMENTS PUBLIC COMMENTS Marcel Brown, Pasco resident, expressed concern regarding a cell phone tower that will be placed on his property and he does not want it. He requested a (property) tax reduction for the cell tower placement. Mrs. Brown, Marcel Brown's mother, also expressed concern about the affects of placing a cell phone tower on her son's property. Mary Mahoney, Pasco resident, commented on the following topics: animal control, bald eagles, flood plains, harassment, and the Pasco Public Facilities Executive Director. Amber Waid, Pasco resident, commented that a long-time resident of the Sands Mobile Park was moving soon and asked that anyone with free time assist with this person's move. Frankie Harley, expressed objection to the placement of the cell phone tower on Mr. Brown's property. REPORTS FROM COMMITTEES AND/OR OFFICERS Verbal Reports from Councilmembers Mr. Perales reported that he recently met with the Housing Authority of the City of Pasco and Franklin County staff. He also met with Pro Made Homes staff regarding blowing dust issues. Ms. Blasdel reported on the recent Visit Tri-Cities Board meeting, the Pasco Page 2 of 7Page 10 of 409 Police Department's District 2 Community meeting, and Pasco Farmers Market Mayor Pro Tem Milne reported on a recent elementary school tour of City Hall and the Police Station he hosted. He also commented on the Tri-City Recruit Academy (firefighters) graduation on Friday, Ms. Barajas also reported on the recent firefighter recruits graduation and that two of the recruits will be joining the Pasco Fire Department. Mr. Harpster reported on a recent Tri-Cities Regional Chamber of Commerce lunch meeting and the Pasco Farmers Market Mr. Grimm reported on a recent fundraising event for the Benton & Franklin Boys & Girls Club, hosted by Ben Franklin Transit. Mayor Serrano reported on the 2025 John Goldsbury award, from the Pasco- Kennewick Rotary Club, was given to his friend Joshua Sullivan, a City of Kennewick Police TAC Officer. He also reported on the recent National Parks Advisory Committee meeting and provided B-Reactor Park updates. Lastly, he attended the Dust Devils game where Amazon donated $40K to the Benton and Franklin Boys & Girls Club. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO Public Meeting & Resolution No. 4606 - Accepting a Notice of Intent to Commence Annex SG Land Management LLC and Horrigan Farms LLC 10% Annexation Petition (5 minutes) Ms. Miller provided a brief report on the petition to annex into the City of Pasco and the next steps in the process. She stated that two options for action were before Council and staff recommended the motion that included annexing in a portion of the right-of-way of Burns Road. Mayor Serrano opened the public meeting and called for the initiator to come and speak on behalf of the petition to annex into the City of Pasco. No one came forward to speak. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel to approve Resolution No. 4606, accepting a notice of intent to commence annexation proceedings for the SG Land Management LLC and Horrigan Farms LLC Annexation providing a determination on the boundary to be annexed, which includes a portion of the right-of-way of Burns Road, and whether simultaneous zoning and assumption of bonded indebtedness will be required. RESULT: Motion carried unanimously. 7-0 Page 3 of 7Page 11 of 409 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS Ordinance No. 4768 - Sawyer R-S-1 to R-1 Zone Change (Z2025-002) Ms. Miller provided a brief report on the proposed Sawyer rezone request. Mr. Ferguson read the quasi-judicial procedure including how the Appearance of Fairness Doctrine applies to it. Next, he asked all Councilmembers a series of questions associated with potential conflicts of interest to disclose such potential conflicts or appearance of conflicts. With no response from the Councilmembers, he asked if any members of the public were seeking to disqualify a member of Council from participating in the proceedings. No one came forward. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel to adopt Ordinance No. 4768, amending the zoning classification of certain real property located on the east side of Road 40, near the intersection of Road 40 and W. Pearl Street, Pasco, Washington and, further, authorize publication by summary only. RESULT: Motion carried unanimously. 7-0 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales Ordinance No. 4769 - Stutesman R-S-12 to R-1 Zone Change (Z2025-003) Mr. Ferguson read the quasi-judicial procedure including how the Appearance of Fairness Doctrine applies to it. Next, he asked all Councilmembers a series of questions associated with potential conflicts of interest to disclose such potential conflicts or appearance of conflicts. With no response from the Councilmembers, he asked if any members of the public were seeking to disqualify a member of Council from participating in the proceedings. No one came forward. Ms. Miller provided a brief report on the proposed Stutesman rezone request. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel to adopt Ordinance No. 4769, amending the zoning classification of certain real property located in the corner of W. Sylvester Street and Road 34 and, further, authorize publication by summary only. RESULT: Motion carried unanimously. 4-3 AYES: Mayor Serrano, Councilmember Barajas, Councilmember Page 4 of 7Page 12 of 409 Blasdel, and Councilmember Harpster NAYS: Mayor Pro Tem Milne, Councilmember Grimm, and Councilmember Perales Ordinance No. 4770, Amending Sections of the Pasco Municipal Code Regarding Work Exempt from Permit Ms. Miller provided a brief overview of the proposed amendments to sections of the PMC to exempt permits for certain work done on an owner's property. Mr. Grimm and Mayor Serrano expressed appreciation to staff for working on this issue. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Grimm to adopt Ordinance No. 4770, amending Pasco Municipal Code sections 16.05.050, 12.040.100, 12.04.120, 19.10.070 AND 25.180.050 regarding work exempt from permit and, further, authorize publication by summary only. RESULT: Motion carried unanimously. 7-0 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales Resolution No. 4607 - Interagency Agreement with Washington Traffic Safety Commission to Conduct Dedicated DUI Enforcement Patrols and Ordinance No. 4771 - Amending the 2025-2026 Operating Budget Allocating Funding for Increased Overtime to Conduct Dedicated DUI Enforcement Patrols Police Lt. Decker provided a overview of the proposed grant from Washington Traffic Safety Commission. Council, Lt. Decker and Ms. Sigdel briefly discussed the grant requirements. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel to approve Resolution No. 4607, authorizing the Interim City Manager to execute the Interagency Agreement with the Washington Traffic Safety Commission and the Pasco Police Department for grant funding to support DUI overtime. RESULT: Motion carried unanimously. 7-0 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Barajas Page 5 of 7Page 13 of 409 to adopt Ordinance No. 4771, amending the 2025-2026 Biennial Operating Budget (Ordinance No. 4749) by providing supplement thereto; to provide additional appropriation in the City's General Fund, allocating funding for increased overtime for the Police Department to conduct dedicated DUI enforcement patrols and, further, authorize publication by summary only. RESULT: Motion carried unanimously. 7-0 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales NEW BUSINESS Designating Voting Delegates & Alternate Delegate(s) for the Association of Washington Cities (AWC) Annual Meeting Scheduled for June 26, 2025 Mr. Zabell stated that the AWC Annual Meeting will be held in Kennewick, WA during its annual conference and there is a requirement for cities to designate its voting delegates prior to the meeting. MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Barajas to approve Mr. Perales, Ms. Barajas, and Ms. Blasdel as the City of Pasco's voting delegates at the June 26, 2025, Association of Washington Cities (AWC) Annual Meeting, held at the Three Rivers Convention Center, Kennewick, WA. RESULT: Motion carried unanimously. 7-0 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales MOTION: Mayor Pro Tem Milne moved, seconded by Councilmember Blasdel to appoint Mr. Zabell, Ms. Sigdel, or Ms. Miller as the designated substitute delegates in the case that an approved delegate is unable to attend the AWC Annual Meeting. RESULT: Motion carried unanimously. 7-0 AYES: Mayor Serrano, Mayor Pro Tem Milne, Councilmember Barajas, Councilmember Blasdel, Councilmember Grimm, Councilmember Harpster, and Councilmember Perales MISCELLANEOUS DISCUSSION Mr. Zabell announced that Basic Law Enforcement Academy (BLEA) graduation is scheduled on June 17th at 10:00 AM at the HAPO Center. Page 6 of 7Page 14 of 409 Mr. Perales commented on the reappointment to the Housing Authority. He also requested additional information on the Verizon cell tower placement. Mr. Zabell explained that the City has limited authority on the placement of cell towers. He commented on the US Cellular Franchise agreement. He stated that US Cellular is operating within the franchise agreement and federal regulations. He plans on speaking with Mr. Brown and US Cellular staff. Mr. Perales also asked Council to consider removing fluoride from the potable water in the City's water system. Council, Mr. Zabell and Mr. Ferguson discussed next steps related to the fluoride in the City's water system. Mr. Zabell provided a brief history on this topic and recommended that Council hear from both sides of the fluoride issue before making any decisions. Mr. Harpster stated that the Department of Health needs to be notified at least 90 days before voting on this issue. At the end of the discussion, Council and staff concurred that staff will bring this item forward by the first of July 2025. Mr. Grimm and Ms. Barajas commented on Mr. Brown's concerns regarding a cell tower on his property within a right-of-way easement. ADJOURNMENT There being no further business, the meeting was adjourned at 8:05 PM. PASSED and APPROVED on _______________________. APPROVED: ATTEST: Pete Serrano, Mayor Debra Barham, City Clerk Page 7 of 7Page 15 of 409 MINUTES City Council Special Meeting 4:00 PM - Wednesday, June 4, 2025 Port of Pasco Board Room, 1110 Osprey Pointe Blvd, Pasco, WA 99301 ATTENDEES Councilmembers: Mr. Grimm, Ms. Barajas, Mr. Milne and Ms. Blasdel City Staff: Mr. Zabell, Ms. Sigdel and Ms. Ames TRI-CITIES LEGISLATIVE COUNCIL THANK YOU RECEPTION A quorum of City Councilmembers attended the Tri-Cities Legislative Council Thank You reception. No City business was conducted during this event. PASSED and APPROVED on _______________________. APPROVED: ATTEST: Pete Serrano, Mayor Debra Barham, City Clerk Page 1 of 1Page 16 of 409 AGENDA REPORT FOR: City Council June 12, 2025 TO: Dave Zabell, Interim City Manager City Council Regular Meeting: 6/16/25 FROM: Griselda Garcia, Interim Director Finance SUBJECT: Bills and Communications - Approving Claims in the Total Amount of $7,911,577.34 I. ATTACHMENT(S): Accounts Payable 5.28.25 to 06.11.25 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: To approve claims in the total amount of $7,911,577.34 ($2,984,995.87 in Check Nos. 271859 - 272120; $3,518,277.49 in Electronic Transfer Nos. 850169 - 850177, 850248 - 850258; $20,268.42 in Check Nos. 54945 - 54956; $1,387,089.66 in Electronic Transfer Nos. 30226051 - 30226675 $945.90 in Electronic Transfer Nos. 353 - 355). III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: V. DISCUSSION: Page 17 of 409 REPORTING PERIOD: June 16, 2025 Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined Check Numbers 271859 - 272120 54945 - 54956 Total Check Amount $2,984,995.87 $20,268.42 Total Checks 3,005,264.29$ Electronic Transfer Numbers 850169 - 850177 30226051 - 30226675 353 - 355 850248 - 850258 Total EFT Amount $3,518,277.49 $1,387,089.66 $945.90 Total EFTs 4,906,313.05$ Grand Total 7,911,577.34$ Councilmember B 100 1,385,910.08 110 26,889.96 140 948.61 145 1,836.12 150 68,390.63 160 9,056.42 165 2,793.23 168 25,627.24 170 1,324.80 180 1,912.01 189 417.01 190 1,724.36 194 63.51 196 HOTEL/ MOTEL EXCISE TAX 103,565.89 367 515,596.61 410 2,770,672.30 510 17,500.05 520 516,865.31 630 4,767.61 690 2,455,715.59 GRAND TOTAL ALL FUNDS:7,911,577.34$ FLEX PAYROLL CLEARING EQUIPMENT RENTAL - OPERATING GOVERNMENTAL MEDICAL/ DENTAL/ VISION INSURANCE ECONOMIC DEVELOPMENT GENERAL CAP PROJECT CONSTRUCTION UTILITY, WATER/ SEWER LITTER ABATEMENT REVOLVING ABATEMENT CEMETERY ATHLETIC PROGRAMS ANIMAL CONTROL SENIOR CENTER OPERATING MULTI-MODAL FACILITY C.D. BLOCK GRANT MARTIN LUTHER KING COMMUNITY CENTER AMBULANCE SERVICE Councilmember A SUMMARY OF CLAIMS BY FUND: GENERAL FUND STREET City of Pasco, Franklin County, Washington We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such Dave Zabell, Interim City Manager Griselda Garcia, Finance Manager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this 16th day of June, 2025 that the merchandise or services hereinafter specified have been received and are approved for payment: May 28 to June 11, 2025 C I T Y O F P A S C O Council Meeting of: Accounts Payable Approved The City Council Page 18 of 409 AGENDA REPORT FOR: City Council June 10, 2025 TO: Dave Zabell, Interim City Manager City Council Regular Meeting: 6/16/25 FROM: Maria Serra, Director Public Works SUBJECT: Resolution No. 4608 - 2026-2031 Transportation Improvement Program Update I. ATTACHMENT(S): Presentation Resolution 2026-2031 TIP Project Costs 2026-2031 TIP Project Annual Allocations 2026-2031 TIP Project Descriptions Project Map II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4608, adopting the 2026-2031 Six Year Transportation Improvement Program for the City of Pasco for the purpose of guiding the development, design, and construction of local and regional transportation improvements. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: As part of the City’s effort to provide for the proper and necessary development of a functional transportation network, the City shall, as required by State law (RCW 35.77.010), develop and adopt annually a Six-Year Transportation Improvement Program (TIP) with such program acting as a guide for the coordinated development of the City's transportation system. The Six-Year TIP of the City specifically sets forth those projects and programs of both City and regional significance that benefit the transportation system and promote public safety and efficient multi-modal movement. Page 19 of 409 Projects in the TIP are selected from master plans such as the Transportation System Master Plan, Broadmoor Master Plan, Downtown Pasco Master Plan, and Local Road Safety Plan. Additionally, they are identified through community engagement, stakeholder coordination (e.g., with the Pasco School District and operational and improvements), Routes to Safe for School maintenance needs identified by City Departments. Development of the 2026-2031 Transportation Improvement Program (TIP) is led by Public Works Department, and informed by the City Council, the public, community stakeholders, and other city staff. Update of the TIP and subsequent submission to the State are statutory requirements, and while the program is not required to be fiscally constrained, the program should be practical and feasible. The Council will see many of these annual Capital Six-Year the with incorporated again, projects Improvement Plan later this year. Staff provided introductory presentations to City Council, outlining the process and next steps in preparing the 2026-2031 TIP project list at the March 24th and April 21st City Council Meetings. On May 19th, City Council held a public hearing to consider the 2026-2031 TIP. On June 9th, the final 2026-2031 TIP list was presented. V. DISCUSSION: This item was presented to Council at the June 9, 2025, Workshop as a discussion item. The proposed 2026-2031 TIP project list encompasses 45 projects, 3 programs and 5 studies (53 items in total). Projects anticipated to be completed by the end of 2025 have been excluded from for below listed are projects TIP. 2026-2031 proposed the These reference:  Burns Rd/Broadmoor Blvd Intersection Improvements  Sandifur Parkway Extension  Sandifur Pkwy/Broadmoor Blvd Intersection Improvements  Road 108 Extension  W "A" St/6th Ave Pedestrian Crossing  Commercial Ave/Kartchner St Intersection Improvements  Citywide Injury Minimization and Speed Management Implementation The proposed list incorporates newly identified projects and plans; these include:  South Rd 68 Pavement Preservation (I-182 to Court St) Page 20 of 409  N 4th Ave Pavement Preservation (I-182 to County Line)  Road 44 FCID Canal Crossing  Safe Routes to School Project (Locations TBD)  Court St Safety Improvements - Phase 2 (Road 96 to Road 68)  Road 68/Taylor Flats Rd Intersection Study Additionally, the scope of the James Street Improvements project has been revised to focus exclusively on pavement preservation and reconstruction. All work will occur along the existing roadway alignment, and no additional infrastructure will be included as part of this project. Of note, this proposed TIP project list reflects the edits to the 2025-2030 TIP amended during City Council regular meeting on May 5, 2025. It therefore includes the following:  Court St & Rd 100 Intersection Improvements (added project)  Harris Rd Realignment (added project)  Burns Rd/Rd 68 Intersection Improvements (separated intersection phase as own project from Burns Rd Extension - Missing Link project) Special attention was put forth to accurately represent projects that are funded with Federal and State dollars. Projects that have received funding in the last year have been updated to reflect their funding status. As a reminder, this plan is focused on projects that are anticipated to be delivered by the City, if funding is secured. Per State statute, the updated TIP must be adopted by July 1st and then submitted to the Washington State Secretary of Transportation within 30 days of adoption. The plan/program may at any time be revised by a majority of the City Council, but only after a public hearing. Staff recommends adoption of the proposed 2026-2031 Transportation Improvement Program. Page 21 of 409 Pasco City Council June 16, 2025 Regular Meeting Pa g e 2 2 o f 4 0 9 2026-2031 Transportation Improvement Program June 16, 2025 Pasco City Council Pa g e 2 3 o f 4 0 9 2026-2031 Transportation Improvement Program 3 RCW 35.77.010 – Prepare a comprehensive transportation plan for the ensuing six years that is: • Consistent with comprehensive plans • Includes bicycle and pedestrian facilities • Deadline: July 1, 2025 • Filed with the secretary of transportation within 30 days of adoption Pa g e 2 4 o f 4 0 9 2026-2031 Transportation Improvement Program 4 TIP Identifies: • Proposed name and brief scope • Proposed schedule • Estimated cost per project (per phase) • Design • Right-of-Way • Construction • Funding sources Pa g e 2 5 o f 4 0 9 2026-2031 Transportation Improvement Program 5 2026-2031 Proposed TIP Project List 45 Projects; 3 Programs; 5 Studies WORK DONE: • Identified completed projects and removed them • Updated project funding, cost, and schedule • Completed outreach • Incorporated feedback STILL TO DO: • Council adoption Pa g e 2 6 o f 4 0 9 6 Pa g e 2 7 o f 4 0 9 7 Pa g e 2 8 o f 4 0 9 8 Pa g e 2 9 o f 4 0 9 2026-2031 Transportation Improvement Program 9 Next Steps • Present draft 2026-2031 TIP April • Outreach April/May • Update to Council on feedback May • Edits to TIP May • Public Hearing May 19 • Final edits to TIP June 9 • Adoption by July 2025 June 16 Pa g e 3 0 o f 4 0 9 -Questions? -Thank you! Pa g e 3 1 o f 4 0 9 Resolution – 2026-2031 Six-Year TIP - 1 RESOLUTION NO. _____ A RESOLUTION ADOPTING THE 2026-2031 SIX-YEAR TRANSPORTATION IMPROVEMENT PROGRAM FOR THE CITY OF PASCO FOR THE PURPOSE OF GUIDING THE DEVELOPMENT, DESIGN, AND CONSTRUCTION OF LOCAL AND REGIONAL TRANSPORTATION IMPROVEMENTS. WHEREAS, RCW 35.77.010 provides for annual revision and extension of the comprehensive transportation program of each city and town, after public hearing thereon; and WHEREAS, the City shall annually review the work accomplished under the program and determine current City transportation needs and from these findings shall prepare and adopt a revised and extended comprehensive transportation program before July 1 of each year; and WHEREAS, on April 21, 2025, and May 7, 2025, City staff held open house opportunities on the revision and extension of the comprehensive transportation program, received and evaluated all comments; and WHEREAS, on May 19, 2025, the City Council held a public hearing on the revision and extension of the comprehensive transportation program, received and evaluated all comments; and WHEREAS, it is now time to revise and extend the comprehensive transportation program as identified as the Six-Year Transportation Improvement Program (TIP); and WHEREAS, the City has determined, based on an assessment of the work accomplished under this program and the current City transportation needs, that this revised comprehensive transportation program adequately addresses the City’s future transportation needs. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the City of Pasco hereby adopts the revision and extension of the comprehensive transportation program for the ensuing six years as attached hereto as Exhibit A, and labeled “2025-2031 Transportation Improvement Program” incorporated by this reference as though fully set forth herein; and Be It Further Resolved, that the comprehensive transportation program shall be filed with the Benton-Franklin Council of Governments and the Washington State Department of Transportation. Be It Further Resolved, that this Resolution shall take effect immediately. Page 32 of 409 Resolution – 2026-2031 Six-Year TIP - 2 PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _______________, 2025. Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 33 of 409 2026-2031 Transportation Improvement Program Final 06/11/2025 Column1 Project Title Road Name Begin/End Termini Prior Year 2026 Year 2027 Year 2028 Year 2029 Year 2030 Year 2031 REMAINDER 6 year- plan PROJECTS 1 SRTS Argent Rd/Rd 88 & Sandifur Pkwy/Rd 90 Pedestrian Crossings Argent Road Road 88 679,056$ 500,000$ 500,000 2 Lewis Street Underpass Demolition Lewis Street 1st Ave to Tacoma Ave 500,000$ 2,800,000$ 2,800,000 3 Rd 40 E Extension Road 40 East 'A' Street/ East Lewis Place 400,000$ 528,000$ 1,400,000$ 1,928,000 4 Ainsworth Ave Pavement Preservation Ainsworth Ave Oregon Ave/10th ave 400,000$ 1,682,000$ 1,682,000 5 Sylvester St Overpass Pedestrian/Bicycle Access Sylvester Street US 395 Overpass 340,660$ 659,340$ 3,229,340$ 3,888,680 6 Lewis Street Pavement Preservation Lewis Street US12/27th Ave 100,000$ 996,000$ 4,150,000$ 5,146,000 7 Sandifur Pkwy/Rd 76 Intersection Safety Enhancements Sandifur Parkway Road 76 31,000$ 300,000$ 1,700,000$ 2,000,000 8 Clark St Improvements Clark Street 10th St/2nd St 50,000$ 300,000$ 1,450,000$ 1,750,000 9 Rd 76 Overpass Road 76 Chapel Hill/Burden Blvd 2,659,000$ 3,100,000$ 8,000,000$ 12,000,000$ 5,000,000$ 30,759,000 10 Burns Rd/Rd 68 Intersection Improvements Burns Road Rd 68 150,000$ 350,000$ 1,500,000$ 2,000,000 11 Harris Rd Realignment Rd 103 Sandifur Pkwy 250,000$ 1,650,000$ 1,900,000 12 Burns Rd Extension - Missing link Burns Road Road 68/Rio Grande Lane 300,000$ 1,000,000$ 4,700,000$ 6,000,000 13 Burden Blvd/Rd 60 Intersection Improvements Burden Road Road 60 360,000$ 1,810,000$ 2,170,000 14 City Wide Traffic Signal Improvements (Phase 3) Multiple Locations Multiple Locations 300,000$ 2,877,500$ 3,177,500 15 E Lewis St/Heritage Blvd Intersection Improvements E Lewis Street Heritage Blvd 400,000$ 1,500,000$ 500,000$ 2,400,000 16 South Rd 68 Pavement Preservation Court St I-182 700,000$ 1,500,000$ 2,200,000 17 Safe Routes to School Project TBD TBD 300,000$ 1,000,000$ 1,300,000 18 Road 44 FCID Canal Crossing Road 44 FCID Canal (North of Argent PI) 400,000$ 1,600,000$ 2,000,000 19 South 4th Ave (Festival Street Improvements) S 4th Avenue Lewis Street / Columbia Street 290,000$ 790,000$ 1,080,000 20 Sandifur Pkwy/Rd 84 Intersection Improvements Sandifur Parkway Road 84 350,000$ 1,900,000$ 2,250,000 21 Sacajawea Heritage Trail Levee Lowering Sacajawea Heritage Trail Road 54/Road 72 250,000$ 1,500,000$ 1,500,000$ 3,250,000 22 Court & Rd 100 Intersection Improvements Court St Rd 100 500,000$ 1,000,000$ 4,500,000$ 6,000,000 23 Court Street/Road 60 Intersection Improvements Court St Rd 60 450,000$ 2,500,000$ 2,950,000 24 Sandifur Pkwy/Convention Dr Intersection Improvements Sandifur Parkway Convention Dr 410,000$ 1,900,000$ 2,310,000 25 I-182/Broadmoor Blvd I/C Multiuse Pathway/Bridge Broadmoor Boulevard I-182 500,000$ 1,000,000$ 4,000,000$ 4,000,000$ 9,500,000 26 Columbia St Improvements Columbia Street 10th St/2nd St 390,000$ 1,190,000$ 1,580,000 27 Burden Rd/Rd 44 Intersection Improvements Burden Road Road 44 360,000$ 1,810,000$ 2,170,000 28 Rd 40 East Pathway Road 40 East Sacajawea Park/East Lewis Place 540,000$ 590,000$ 840,000$ 1,970,000 29 Rainier Ave/Kartchner St Intersection Improvements Rainier Ave Kartchner 200,000$ 200,000$ 1,500,000$ 500,000$ 2,400,000 30 Court St Improvements- Ped/Bike Court Street Road 96/Harris Road 180,000$ 1,340,000$ 3,456,000$ 2,304,000$ 7,280,000 31 Rd 76 Improvements - Sandifur Pkwy to Cordero Dr Road 76 Sandifur Pkwy/Cordero Dr 300,000$ 1,700,000$ 2,000,000 32 N 4th Ave Pavement Preservation (I-182 to County Line) I-182 County Line (Glade Rd) 150,000$ 1,600,000$ 1,750,000 33 Argent Rd Widening (Phase 4) Argent Road Road 36/Road 44 1,180,000$ 2,360,000$ 2,360,000$ 5,900,000 34 Franklin County Irrigation District Canal Bicycle/Pedestrian Pathway N/A Road 100/Road 76 300,000$ 500,000$ 2,000,000$ 2,800,000 35 Rd 100 Widening Road 100 Court St/Chapel Hill Blvd 625,000$ 950,000$ 7,000,000$ 8,575,000 36 Shoreline Rd Realignment Shoreline Road Court/Burns Road 250,000$ 2,000,000$ 1,000,000$ 7,700,000$ 3,250,000 37 Burns Rd Extension to Glade Rd Burns Road "Road 44"/N Glade Road 2,400,000$ 3,400,000$ 3,000,000$ 24,750,000$ 8,800,000 38 Burden Rd/Madison Ave Intersection Improvements Burden Road Madison Ave 360,000$ 1,810,000$ 2,170,000 39 Court St Safety Improvements Court Street Road 40/Road 68 110,000$ 340,000$ 450,000 40 James St Improvements James Street Oregon Ave/Frontier Lp 250,000$ 1,600,000$ 1,850,000 41 Harris Rd / Crescent Rd Overpass Harris Road Harris Road/Crescent Rd 1,000,000$ 3,000,000$ 47,600,000$ 4,000,000 42 Lewis Street Corridor Improvements (Phase 1) Lewis Street 2nd Ave/ 5th Ave 530,000$ 450,000$ 780,000$ 4,000,000$ 1,230,000 43 Lewis Street Corridor Improvements (Phase 2) Lewis Street 5th Ave/10th Ave 300,000$ 4,800,000$ 300,000 44 I-182/Broadmoor Blvd I/C Improvements - Westbound Broadmoor Boulevard I-182 750,000$ 6,940,000$ 750,000 45 Court St Safety Improvements (Phase 2) Court Street Road 68/Road 96 680,000$ 680,000$ 5,100,000$ 1,360,000 PROGRAMS 161,526,180 46 Annual Pavement Preservation Multiple Locations Multiple Locations 701,000$ 715,500$ 737,000$ 759,200$ 782,000$ 805,500$ 4,500,200$ 47 Ped/Bike Gap Program Multiple Locations Multiple Locations 105,000$ 110,250$ 115,763$ 121,551$ 127,628$ 580,191$ 48 Neighborhood Traffic Calming program Multiple Locations Multiple Locations 110,250$ 115,763$ 121,551$ 127,628$ 134,010$ 609,201$ PLANS AND STUDIES 5,689,592$ 49 Comprehensive Safety Action Plan(SS4A) 250,000$ 150,000$ 150,000$ 50 Traffic Analysis for US 12 US 12 A /Tank Farm Road 1,530,000$ 1,530,000$ 3,060,000$ 51 Interchange Feasibility Study on I-182 I-182 Multiple Existing Interchanges 200,000$ 250,000$ 450,000$ 52 Rd 68/Taylor Flats Rd Intersection Study Road 68 Taylor Flats Rd/Columbia River 350,000$ 350,000$ 53 Sign Reflectivity Analysis and Implementation 112,000$ 400,000$ 512,000$ 4,522,000 15,265,340$ 31,439,590$ 31,323,013$ 31,731,513$ 29,487,179$ 32,491,138$ 171,737,772 Pa g e 3 4 o f 4 0 9 2026-2031 TransportaƟon Improvement Plan (TIP) Project DescripƟons 1 1. SRTS Argent Rd/Rd 88 & Sandifur Pkwy/Rd 90 Pedestrian Crossings Curb extensions/bulb-outs, crossing advance stop bars, median refuge island, reduced curb radii, stop signs, new marked crosswalks, rectangular rapid flashing beacon (RRFB), lane width reducƟon, sidewalk (5' +) with curb, pedestrian scale crossing illuminaƟon, ADA curb ramps. 2. Lewis Street Underpass DemoliƟon This project will demolish the Lewis Street underpass, to 6 feet depth. Backfill aŌer demoliƟon will be consistent with BNSF requirements. 3. Rd 40 E Extension This project will extend Road 40 E, as a 1-lane northbound roadway north of A Street to connect to E Lewis Place. This extension will eliminate a dead-end road at East Lewis Place. Signal adjustments, striping and signage will be included in the scope of work. 4. Ainsworth Ave Pavement PreservaƟon This project involves the overlay and restriping of Ainsworth Street/Avenue (SR397) from 10th Avenue to the West and S Oregon Avenue to the East. 5. Sylvester St Overpass Pedestrian/Bicycle Access Pedestrian/Bicyclist Overpass, Sidewalk (6'+) with curb, ADA Curb Ramps, Shared use Path/Trail, Bridge (Part of Shared-use Path). 6. Lewis Street Pavement PreservaƟon Mill and overlay enƟre exisƟng pavement area. Work includes cuƫng and patching failed areas (Alligator cracking and spalling), taper mill at curved edges and then overlay with HMA. This allows for unchanged elevaƟons at exisƟng curbs and addiƟonal structural secƟon for the majority of the roadway. ADA upgrades will also be included as needed. 7. Sandifur Parkway & Road 76 IntersecƟon Safety Enhancement This project will convert the two-way stop-controlled intersecƟon into a roundabout or signalized intersecƟon and will include the following safety enhancements: ADA compliant ramps, marked crosswalks, and push buƩon assemblies; Flashing yellow arrows (FYA) for all leŌ-turn movements; emergency vehicle detecƟon; intersecƟon lighƟng. The project will also include design and construcƟon of intelligent transportaƟon systems (ITS) connecƟons to the Sandifur Parkway/Road 68 intersecƟon for interconnect capabiliƟes. 8. Clark St Improvements This project will adjust Clark Street roadway configuraƟon to include vehicle travel lanes, bike lanes, lighƟng, and bulb-outs at crossing locaƟons for increased pedestrian safety. Conceptual improvements for this project are included in the adopted Downtown Masterplan. 9. Rd 76 Overpass This project will extend Road 76 north from Chapel Hill Blvd to Burden Blvd by construcƟng an overpass across I-182 to connect communiƟes north and south of the exisƟng interstate. This project will include bicycle and pedestrian faciliƟes. Page 35 of 409 2026-2031 TransportaƟon Improvement Plan (TIP) Project DescripƟons 2 10. Burns Rd/ Rd 68 IntersecƟon Improvements This project will install a traffic signal at the intersecƟon of Burns Road and Road 68 and include any necessary ADA improvements. 11. Harris Rd Realignment This project will re-align Harris Road from Road 103 to Broadmoor Blvd to connect to Sandifur Parkway and eliminate the exisƟng intersecƟon on Broadmoor. 12. Burns Rd Extension – Missing Link This project will extend Burns Road, from Road 68 to Rio Grande Lane to improve connecƟvity and access. 13. City Wide Traffic Signal Improvements (Phase 3) This project will replace obsolete signal equipment with updated signal controllers, signal equipment, opƟmized corridor Ɵming plans, vehicle detecƟon system and emergency vehicle priority system. Pedestrian access will be upgraded to meet current ADA right of way accessibility design guidelines for the signalized intersecƟons. 14. Burden Rd/Rd 60 IntersecƟon Improvements This project will install a traffic signal at the intersecƟon of Burden Road and Road 60 and include any necessary ADA improvements. 15. E Lewis St/Heritage Blvd IntersecƟon Improvements This project will install a traffic signal at the intersecƟon of E Lewis Street and Heritage Blvd and include any necessary ADA improvements. 16. South Rd 68 Pavement PreservaƟon (NEW) This project involves the asphalt overlay and restriping of South Road 68 from Court Street to eastbound on/off I-182 ramp. 17. Safe Routes to School Project City will conƟnue to work closely with Pasco School District and parents/residents to idenƟfy and prioriƟze projects that qualify for the state’s biannual Safe Routes to School Program, which could include several locaƟons. This project typically involves providing sidewalks, enhancing intersecƟon crossings, providing ADA curb ramps, providing school zone beacons or rectangular rapid flashing beacons (RRFBs), and other safety related improvements within designated school walking routes. 18. Road 44 FCID Canal Crossing (NEW) Project along the west side of Road 44 to provide sidewalk connecƟvity to address exisƟng gap across Franklin County IrrigaƟon Canal structure. Page 36 of 409 2026-2031 TransportaƟon Improvement Plan (TIP) Project DescripƟons 3 19. South 4th Ave (FesƟval Street Improvements) This project will revise roadway configuraƟon and install sidewalk furnishings, lighƟng, street trees and landscaping to create a FesƟval Street on South 4th Avenue from Lewis Street to Columbia Street. The street will be able to be closed to motor vehicles during special events and further enhance the completed Peanuts Park improvement project to allow for greater and more varied use of Peanuts Park Plaza. Conceptual improvements for this project are included in the adopted Downtown Masterplan. 20. Sandifur Pkwy/Rd 84 IntersecƟon Improvements This project will install a traffic signal at the intersecƟon of Sandifur Parkway and Rd 84 and include any necessary ADA improvements. 21. Sacajawea Heritage Trail Levee Lowering This project will lower the levee and re-install a wider pathway for pedestrians and bicyclists from Road 52 to Road 72. 22. Court & Rd 100 IntersecƟon Improvements This project will convert the exisƟng angled T-intersecƟon at Court St and Road 100 into a roundabout or signalized intersecƟon, enhance traffic flow and safety in the area, and include any necessary ADA improvements. 23. Court St/Rd 60 IntersecƟon Improvements This project will install a traffic signal at the intersecƟon of Court St and Road 60 and include any necessary ADA improvements. 24. Sandifur Pkwy/ConvenƟon Drive IntersecƟon Improvements This project will install a traffic signal at the intersecƟon of Sandifur Parkway and ConvenƟon Drive and include any necessary ADA improvements. 25. I-182/Broadmoor Blvd I/C MulƟuse Pathway/Bridge Construct a ped/bike bridge with a mulƟ-use pathway across I-182 on the west side of the exisƟng overpass, between ramp terminals. 26. Columbia St Improvements This project will adjust Columbia Street roadway configuraƟon to include vehicle travel lanes, bike lanes, lighƟng, and bulb-outs at crossing locaƟons for increased pedestrian safety. Conceptual improvements for this project are included in the adopted Downtown Masterplan. 27. Burden Rd/Rd 44 IntersecƟon Improvements This project will install a traffic signal at the intersecƟon of Burden Road and Road 44 and include any necessary ADA improvements. 28. Rd 40 East Pathway This project will construct a mulƟ-use pathway along Road 40 E from ”A” Street to Sacajawea Park E. Page 37 of 409 2026-2031 TransportaƟon Improvement Plan (TIP) Project DescripƟons 4 29. Rainier Ave/Kartchner St IntersecƟon Improvements This project will install a traffic signal at the intersecƟon of Rainier Avenue and Kartchner Street at the locaƟon of the US 395 SB On/Off Ramps and include any necessary ADA improvements. 30. Court Street Improvements – Ped/Bike This project will improve Court Street from Road 96 to Harris Road to include bike and pedestrian faciliƟes and permanent traffic calming features. 31. Rd 76 Improvements – Sandifur Pkwy to Cordero Dr This project will install a traffic signal at the intersecƟon of Wrigley Drive and Road 76 and include any necessary ADA improvements and reconfigure corridor between Sandifur Pkwy and Cordero Dr. 32. N 4th Ave Pavement PreservaƟon (I-182 to County Line) (NEW) This project involves the asphalt overlay and restriping North 4th Ave from westbound on/off I-182 ramp to County Line (Glade Road). 33. Argent Road Widening (Phase 4) This project is Phase 4 of urban road improvements to Argent Road from Road 36 to Road 44. Improvements include street widening to a three-lane secƟon, illuminaƟon, stormwater faciliƟes, curb/guƩer, sidewalk, and related improvements. 34. Franklin County IrrigaƟon District Canal Bicycle/Pedestrian Pathway This project will construct a mulƟ-use pathway along the piped irrigaƟon canal from Road 100 to Road 76. 35. Rd 100 Widening This project will widen the Road 100 corridor to a 3-lane secƟon from W Court St to Chapel Hill Blvd. IntersecƟon Improvements (such as turn lanes) will be evaluated and implemented as part of this project. 36. Shoreline Rd Realignment This project will provide for the realignment of Shoreline Road from Shoreline Court to Burns Road. The realignment would be coordinated with the construcƟon of a park, to the west of the proposed roadway. 37. Burns Rd Extension to Glade Rd This project will extend Burns Road from the approximate alignment of Road 44 to Glade Road. 38. Burden Rd/Madison Ave IntersecƟon Improvements This project will install a traffic signal at the intersecƟon of Burden Rd and Madison Ave and include any necessary ADA improvements. 39. Court St Safety Improvements This project will reconfigure Court Street from Road 40 to Road 68 to three lanes, with one lane in each direcƟon and a center two-way-leŌ-turn lane and provides designated bike lanes in each direcƟon, and pedestrian facility enhancements. Page 38 of 409 2026-2031 TransportaƟon Improvement Plan (TIP) Project DescripƟons 5 40. James St Improvements This project is intended to provide pavement preservaƟon/reconstrucƟon of E James Street. 41. Harris Rd/Crescent Rd Overpass This project will construct an overpass over I-182 to connect Harris Road and Crescent Road. This project will connect the communiƟes north and south of I-182 and relieve some of the demand at Broadmoor Boulevard and the I-182 interchange. 42. Lewis Street Corridor Improvements (Phase 1) The project is intended to Ɵe the improvements made with the overpass project into those made under the Peanuts Park improvement project. This project will include ADA improvements, crosswalks, widened sidewalks, streetlights, re-striping and streetscape. NOTE: A revised scope is being considered to minimize impacts to businesses during construcƟon. 43. Lewis Street Corridor Improvements (Phase 2) This project will include ADA improvements, crosswalks, widened sidewalks, streetlights, re-striping and streetscape between 5th Ave and 10th Ave. NOTE: A revised scope is being considered to minimize impacts to businesses during construcƟon. 44. I-182/Broadmoor Blvd I/C Improvements – Westbound New mulƟ-lane roundabout at the I-182 westbound ramp terminal at Broadmoor Blvd on the north side of I-182. 45. Court St Safety Improvements (Phase 2) (NEW) This project will reconfigure Court Street from Road 68 to Road 96 to provide designated bike lanes in each direcƟon, and pedestrian facility enhancements, as well as . 46. Annual Pavement PreservaƟon The City has implemented an annual Pavement PreservaƟon Program to assess and maintain quality streets within the City. The program includes crack seal, overlay, chip seal, etc. of city streets. 47. Ped/Bike Gap Program This program idenƟfies and closes gaps in the pedestrian and bicycle network to enhance connecƟvity and safety. Annually, locaƟons are selected with stakeholder and community input, prioriƟzing areas based on traffic volumes, crash history, and proximity to schools, hospitals, transit, and essenƟal services. 48. Neighborhood Traffic Calming Program This program aims to enhance safety and livability in residenƟal areas by implemenƟng measures to reduce vehicle speeds and discourage cut-through traffic. This program includes the implementaƟon of traffic calming measures, such as: chicanes, islands, speed cushions, traffic circles, radar speed feedback signs, and other calming devices to create a safer and more pleasant environment for pedestrians, cyclists, and residents. Page 39 of 409 2026-2031 TransportaƟon Improvement Plan (TIP) Project DescripƟons 6 49. Comprehensive Safety AcƟon Plan (SS4A) Pasco’s Comprehensive Safety AcƟon Plan (CSAP) will help idenƟfy the updated 2024 problem areas through systemaƟc data collecƟon, recommending innovaƟve and appropriate countermeasures, and prioriƟzing safety improvements that will benefit all users. The recommended soluƟons will aim to reduce the frequency and severity of crashes, with an emphasis in reducing fataliƟes and serious injuries. 50. Traffic Analysis for US 12 This project will consist of a traffic analysis for US 12 from the intersecƟons of A Street to Tank Farm Road/Sacajawea Park Road. This study will be completed in partnership with WSDOT in search of pracƟcal soluƟons for safety improvements at these locaƟons. 51. Interchange Feasibility Study This study will evaluate the potenƟal for modifying exisƟng interchanges along I-182, in order to improve traffic flow and safety. It serves as a planning document, defining "purpose and need" and conducƟng traffic analysis to coordinate potenƟal soluƟons with DOT and FHWA. 52. Rd 68/Taylor Flats Rd IntersecƟon Study (NEW) This study will consist of a traffic and safety analysis for the intersecƟon of Road 68 and Taylor Flats Road. The intersecƟon has split ownership with Franklin County. 53. Sign ReflecƟvity Analysis & ImplementaƟon The project will evaluate up to 500 stop signs that are near the end of their service life (older than 12 years) and upgrade the retro-reflecƟvity as needed. The project will also include the evaluaƟon of the stop sign size and may increase stop signs from 30” to 36” signs. In addiƟon, red reflecƟve strips will be added to the stop sign poles as warranted. Page 40 of 409 2026-2031 TransportaƟon Improvement Plan (TIP) Project DescripƟons 7 REMOVED PROJECTS 1. Burns Rd/Broadmoor Blvd IntersecƟon Improvements This project will install a traffic signal at the intersecƟon of Burns Road and Broadmoor Blvd. Sidewalks and any necessary ADA improvements will be included. 2. Sandifur Pkwy Extension This project will extend Sandifur Parkway from the vicinity of Road 103 to Road 108. Provisions for future traffic signals will be included at the intersecƟon of Sandifur and Road 105. A roundabout will be constructed at the intersecƟon of Sandifur Parkway and Road 108. 3. Sandifur Pkwy/Broadmoor Blvd IntersecƟon Improvements This project will improve the intersecƟon of Sandifur Parkway and Broadmoor Boulevard. AddiƟonally, Broadmoor Blvd. widening will be included as part of this project extending north up to Burns Road. Provisions for a future traffic signal at Buckingham Dr are considered in this project. 4. Road 108 Extension This project will construct a 2-lanes road from Harris Road to Sandifur Parkway. 5. W 'A' St/6th Ave Pedestrian Crossing Install Rectangular Rapid Flashing Beacons, curb extensions, illuminaƟon, signing, pavement markings, and curb ramps. 6. Commercial Ave/Kartchner St IntersecƟon Improvements This project will install a traffic signal at the intersecƟon of Commercial Ave and Kartchner St at the locaƟon of the US 395 NB On/Off Ramps and include any necessary ADA improvements. 7. Citywide Injury MinimizaƟon & Speed Management ImplementaƟon Conduct Citywide speed data collecƟon and study. Install speed limit signing and radar speed feedback signs. Page 41 of 409 Ro a d 4 4 E Hillsboro St Ro a d 8 4 W Pearl St E Lewis St R o a d 6 8 Ro a d 3 6 S 1 0 T h A v e N 4 T h A v e E Doc k S t S O r e g o n A v e N O r e g o n A v e N 1 4 T h A v e N R a i l r o a d A v e I n d u s t r i a l W a y Harris Rd Pasco K a h l o t u s R d Burns Rd Ro a d 5 2 G l a d e N o r t h R d Ro a d 6 8 W C o u r t S t N C a p i t o l A v e Burns Rd N 2 0 T h A v e W Le w i s S t W Court St W Wernett Rd N C o m m e r c i a l A v e W Argent Rd Chapel Hill Blvd W Argent Rd W Court St E Ains w o r t h A v e Sandifur Pkwy W Sylvester St N 4 T h A v e E A St 50 52 1 9 25 18 5 4 1 11 242 3 12 43 40 31 9 26 8 4 33 35 21 6 28 6 3 6 37 16 34 39 30 45 3 2 15 29 7 24 13 38 27 20 23 44 10 22 1 1 Transportation Improvement Program (TIP) 2026-2031 Legend Project Type Ped Crossing Signal/Intersection Bike/Ped New Road Other Study Area Admin Boundary City Limits Pasco Urban Growth Boundary Date Saved: 6/12/2025 11:06 AM ² Pa g e 4 2 o f 4 0 9 AGENDA REPORT FOR: City Council June 10, 2025 TO: Dave Zabell, Interim City Manager City Council Regular Meeting: 6/16/25 FROM: Maria Serra, Director Public Works SUBJECT: Resolution No. 4609 - Professional Services Agreement Amendment No. 5 with WSP USA, Inc. for the Lewis Street Overpass Project I. ATTACHMENT(S): Resolution for WSP Professional Services Agreement Amendment No. 5 Exhibit A: WSP Professional Services Agreement Amendment No. 5 Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4609, authorizing the Interim City Manager to execute Amendment No. 5 to the Professional Services Agreement with WSP USA, Inc. for the Lewis Street Overpass Project. III. FISCAL IMPACT: Original Construction Management PSA with WSP, Inc. $1,852,654.64 Previously Approved Amendments Nos. 1-4 $1,113,825.86 Proposed Amendment No.5 (subject to approval) $99,485.75 Proposed PSA Total with WSP, Inc $3,065,966.25 by offset be to are expected this with associated costs The amendment liquidated damages assessed to the contractor for the additional contract days required to complete the repairs. IV. HISTORY AND FACTS BRIEF: Lewis existing the replaces The Overpass Street Lewis Street project undercrossing, constructed under the BNSF Railyard in 1937, with a new bridge over the railyard. Page 43 of 409 On March 1, 2021, Council awarded the Lewis Street Overpass construction contract of amount in WA Vancouver, the LLC Bridge, Cascade to of $22,344,999.88. Since construction began, the project has required fifty-six (56) change orders for a total of $6,844,330.84. WSP AMENDMENT NO. 5 The original Professional Services Agreement (PSA) with WSP USA, Inc. (WSP) was authorized by Council on July 24, 2020. The agreement included a scope and budget for 24 months of construction administration services for the Lewis Street Overpass project. Construction bids were opened on January 28, 2021, approximately six months after the start of the agreement’s term. Amendment No. 1, executed on November 12, 2021, provided compensation for of These girders. bridge inspection to related work additional the inspections were initially planned to be performed by the Washington State Department of Transportation (WSDOT); however, due to COVID-related staffing shortages, WSDOT informed the City that they would be unable to complete WSP qualified having significant delays, avoid To work. the personnel available performed the inspections. Amendment No. 2, executed on February 15, 2024, compensated WSP for supplemental extended the to services management construction due construction timeline. Amendment to construction continue funding additional provided 3 No. management services through the remainder of the project. These services were originally expected to continue through February 2025. Amendment No. 4 extended the contract end date to December 31, 2025. No additional costs were associated with this amendment. 5No. Amendment to WSP for scope additional will perform provide construction inspection services during scheduled corrective work in June and July of 2025. The costs associated with this amendment are expected to be offset by liquidated damages assessed to the contractor for the additional contract days required to complete the repairs. V. DISCUSSION: This item was presented to Council at the June 9, 2025 workshop as a discussion item. Staff recommends approval of Amendment No. 5 to the Professional Services Agreement with WSP, Inc. This amendment is necessary to support scheduled Page 44 of 409 corrective work to be performed by Cascade Bridge (contractor) in June and July 2025 in the final efforts to complete the project. WSP role is to ensure the delivery of the project is consistent with the project specifications. WSP has served as the construction management consultant since the beginning of the project and has developed a thorough understanding of the project’s complexities, coordination requirements, and construction history. Maintaining continuity with WSP through the final work on the project ensures efficient oversight, preserves institutional knowledge, and reduces the risk of further delays or miscommunication during this final phase of work. Page 45 of 409 Resolution – WSP USA, INC – LSO PSA Amend 5 - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AMENDMENT NO. 5 TO THE PROFESSIONAL SERVICES AGREEMENT WITH WSP USA, INC. FOR THE LEWIS STREET OVERPASS PROJECT. WHEREAS, the City of Pasco (City) and WSP USA, Inc. entered into a Professional Services Agreement on July 24, 2020, to provide construction management services with respect to the Lewis Street Overpass Project; and WHEREAS, the City and WSP USA, Inc. entered into Amendment No. 1 to the Professional Services Agreement on November 12, 2021, in the amount of $49,422.86 to provide girder fabrication inspection services with respect to the Lewis Street Overpass Project; and WHEREAS, the City and WSP USA, Inc. entered into Amendment No. 2 to the Professional Services Agreement on November 20, 2023, in the amount of $914,433.00 to provide ongoing construction management and inspection services support during the extended construction period; and WHEREAS, the City and WSP USA, Inc. entered into Amendment No. 3 to the Professional Services Agreement in the amount of $150,000.00 to provide ongoing construction management and inspection services support during the extended construction period; and WHEREAS, the City and WSP USA, Inc. entered into Amendment No. 4 to the Professional Services Agreement to extend the contract end date to December 31, 2025, with no additional cost to the City; and WHEREAS, the City and WSP USA, Inc. desire to enter into Amendment No. 5 to the Professional Services Agreement in the amount of $99,485.75 to provide additional funding for construction inspection services during scheduled repair work anticipated to occur in June and July of 2025; and WHEREAS, the costs associated with Amendment No. 5 are expected to be offset by liquidated damages assessed to the contractor for additional contract days required to complete the repair work; and WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that it is in the best interest of the City of Pasco to enter into Amendment No. 5 with WSP USA, Inc. Page 46 of 409 Resolution – WSP USA, INC – LSO PSA Amend 5 - 2 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 Amendment No. 5 between the City of Pasco and WSP USA, Inc. as attached hereto and incorporated herein as Exhibit A. Be It Further Resolved, that the Interim City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to execute said Amendment No. 5 on behalf of the City of Pasco; and to make minor substantive changes as necessary to execute the Amendment. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 47 of 409 WSP USA, Inc Amendment No. 5 to PSA LSO Contract Mngt – 13007 Version 05.11.24 Page 1 AMENDMENT NUMBER 5 to PROFESSIONAL SERVICES AGREEMENT Lewis Street Overpass Construction Management PROJECT: 13007 AGREEMENT NO. 20-018 WHEREAS, the City and WSP USA, Inc. entered into a Professional Services Agreement on July, 24, 2020 to provide engineering services with respect to the Lewis Street Overpass project. WHEREAS, the City and WSP USA Inc. entered into an Amendment/Amendment No. 1 to provide Construction Engineering on November 12, 2021. WHEREAS, the City and WSP USA Inc. entered into an Amendment/Amendment No. 2 to provide Construction Engineering on February 15, 2024. WHEREAS, the City and WSP USA Inc. entered into an Amendment/Amendment No. 3 to provide Construction Engineering on December 9, 2024. WHEREAS, the City and WSP USA Inc. entered into an Amendment/Amendment No. 4 to provide Construction Engineering on February 24, 2025. NOW, THEREFORE, this agreement is amended to allow WSP USA Inc., to provide additional Construction Engineering services as described in Exhibit A. 1. Scope of Work: See Exhibit A 2. Fee: The compensation for the work is based on a Time and Materials Basis not to exceed the amount of $99,485.75 for a total authorization amount of $3,066,996.25. 3. Time of performance: The services shall be complete for the project on or before December 31, 2025. Page 48 of 409 WSP USA, Inc Amendment No. 5 to PSA LSO Contract Mngt – 13007 Version 05.11.24 Page 2 DATED THIS DAY______________________________. [date of execution] CITY OF PASCO, WASHINGTON WSP USA Inc. Dave Zabell, Interim City Manager Jill Marilley, Construction Services Manager Page 49 of 409 EXHIBIT A City of Pasco Scope of Work Amendment #5 Lewis Street Overcrossing Construction Management PROJECT DESCRIPTION The original project description is supplemented with construction management for the repairs of the expansion joint, approach slabs, barrier transition, and related areas. This also adds verification of the punchlist and project closeout. This amendment does not cover inspection of the coping repair if it does not coincide with the work already noted. PROJECT ASSUMPTIONS The original project assumptions are per Amendment 4. DEFINITIONS & ABBREVIATIONS This section is unchanged. Task 1 Project Management This section is supplemented with the following: • Remote attendance at weekly coordination meetings during the field repair and punchlist work • Remote attendance at weekly coordination and brainstorming meetings with the City, the Contractor, and the Designer for the coping damage resolution. Meetings to be finished by August 30, 2025 and are assumed to average two hours per week. Assumptions This section is unchanged. Deliverables The deliverables are unchanged. Task 2 Resident Engineer The original scope is supplemented with the following : • One site visit to start inspection of the repairs and coordination with the contractor • Remote monitoring of inspection efforts • One site visit to verify completion of punchlist work if required • Remote attendance at weekly coordination meetings during the field repair and punchlist work • Remote attendance at weekly coordination and brainstorming meetings with the City, the Contractor, and the Designer for the coping damage resolution. Meetings to be finished by August 30, 2025 and are assumed to average two hours per week. Assumptions The original assumptions are supplemented with the following: • Up to 10 hours per week during the field repair and punchlist work, assumed to take up to four weeks. • Both site visits are up to three days in duration Deliverables The deliverables are unchanged. Page 50 of 409 Task 3 Office Engineering The original scope is supplemented with the following: • Duration remains through the end of December, 2025. Assumptions This section is unchanged. Deliverables The deliverables are unchanged. Task 4 Quality Verification Inspections This section is supplemented with the following: • Provide inspector duties as necessary for the repair and replacement of the expansion joint and related areas, up to four weeks of work at 50 hours of contractor working time per week. Assumptions This section is unchanged. Deliverables The deliverables are unchanged. Total Project Costs for Amendment #5 Labor – Regular & OT $ 83,962.95 Other Direct Costs $ 15,522.80 ___________ Total Amendment #2 Costs $ 99,485.75 Page 51 of 409 June 9, 2025 Lewis Street Overpass Council Meeting Pa g e 5 2 o f 4 0 9 Current Schedule: •Groundbreaking Ceremony = June 4, 2021 •Contractor Began Work = August 30, 2021 •400 working day contract •Bridge Open for Vehicles = April 26, 2024 •Substantial Completion Date = November 2024 •Corrective Work – June/July 2025 Lewis Street Overpass Pa g e 5 3 o f 4 0 9 WSP •Amendment Request •Staff has reviewed the request in detail •Contract duration has doubled •400 working days  800+ working days •More change orders than anticipated •Long schedule disputes •Required •Services the City is not equipped to cover •Notable work provided outside of Scope •Facilitated community outreach meetings •Negotiated access to businesses during construction •Heavy BNSF Coordination •Provided soil sample collection, delivery and coordinated lab testing Lewis Street Overpass Pa g e 5 4 o f 4 0 9 WSP Contract •WSP (Construction Management) •Original Contract = $1,852,654.64 •Supplement 1 = $49,422.86 ($1,902,077.50 contract total) •WSP provided services that WSDOT could not due to COVID-19 •Supplement 2 = $914,433.00 •Contract extension due to longer duration project •Supplement 3 = $150,000.00 •Provided services through spring 2025 •Supplement 4 = Time only •Extends contract duration through 2025 so it didn’t expire •Proposed Supplement 5 = $99,485.75 •Provides inspection services •City may offset costs with Liquidated Damages from Contractor Total Proposed Contract = $3,065,996.25 Lewis Street Overpass Pa g e 5 5 o f 4 0 9 Questions? Lewis Street Overpass Pa g e 5 6 o f 4 0 9 AGENDA REPORT FOR: City Council June 11, 2025 TO: Dave Zabell, City Manager City Council Regular Meeting: 6/16/25 FROM: Angela Pashon, Assistant City Manager City Manager SUBJECT: Resolution No. 4610 - Renewal Agreement with Visit Tri-Cities for the Promotion of Tourism Management I. ATTACHMENT(S): Resolution Renewal Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4610, authorizing the interim City Manager to Execute a renewal agreement with Visit Tri-Cities Visitor and Convention Bureau for the promotion of tourism. III. FISCAL IMPACT: To provide promotion of tourism, Visit Tri-Cities receives 50% of the annual average hotel/motel tax receipts collected from the first 2% levied for the five- year period immediately preceding each year of the contract period for its services in promoting tourism. IV. HISTORY AND FACTS BRIEF: By way of individual agreements with the Cities of Kennewick, Pasco, and Richland, promotional services have been contracted through the Tri-Cities Visitor & Convention Bureau (Visit Tri-Cities) since the Tourism Promotion Area formation in 2004. Through this agreement, the City of Pasco receives a multi- faceted approach to marketing Pasco to visitors, business investors, and those looking to relocate. Further, Visit Tri-Cities dedicates resources to focus on increasing tourism related to sports, business travel, and leisure. The current agreement with Visit Tri-Cities expires December 31, 2025. V. DISCUSSION: Page 57 of 409 The proposed 2026–2030 agreement with Visit Tri-Cities continues the City's long-standing regional partnership to promote Pasco and the Tri-Cities area as a destination for tourism, conventions, and sporting events. The agreement maintains the overall structure, scope of services, and funding formula from the previous (2021–2025) contract. However, several updates and refinements have been made to improve clarity and reporting efficiency: Key Changes from the 2021-2025 Agreement:  The requirement for mid-year status report (formerly due August 15) has been removed  Visit Tri-Cities will now provide a single, comprehensive year-end accounting report in Q1 the following year.  The annual work plan, which outlines activities for the upcoming year , is now due in Q4 (rather than in March), aligning better with the City's budget and planning cycles. The agreement reflects strong regional collaboration and shared goals among the Cities of Pasco, Kennewick and Richland. All three cities participated in reviewing and updating the agreement language in consultation with Visit Tri- Cities. Richland and Kennewick are anticipated to consider approval of parallel agreements. Staff presented this to Council at the June 9, 2025, Workshop. Staff recommends City Council approval of the renewal agreement. Page 58 of 409 Resolution – 2026-2030 Visit Tri-Cities TPA Agreement - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A RENEWAL AGREEMENT WITH VISIT TRI-CITIES VISITOR AND CONVENTION BUREAU FOR THE PROMOTION OF TOURISM. WHEREAS, the City of Pasco is authorized under Chapter 67.28 of the Revised Code of Washington (RCW) to use lodging tax revenues for the purpose of tourism promotion and tourism- related facilities; and WHEREAS, the City has historically partnered with the Tri-Cities Visitor and Convention Bureau, doing business as Visit Tri-Cities, to promote the Tri-Cities region, including Pasco, as a destination for leisure travel, conventions, and sporting events; and WHEREAS, the current tourism promotion agreement between the City of Pasco and Visit Tri-Cities is set to expire on December 31, 2025; and WHEREAS, a new five-year agreement has been negotiated in coordination with the cities of Richland and Kennewick and Visit Tri-Cities, covering the period of January 1, 2026, through December 31, 2030; and WHEREAS, the proposed agreement retains the structure and core service expectations of the previous agreement while incorporating minor changes, including the removal of the mid-year report and the alignment of annual planning and reporting timelines with the City’s fiscal planning process; and WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that it is in the best interest of the City of Pasco to enter into the Renewal Agreement with Visit Tri-Cities. 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 Renewal Agreement for the Promotion of Tourism between the City of Pasco and the Tri-Cities Visitor and Convention Bureau as attached hereto and incorporated herein as Exhibit A. Be It Further Resolved, that the Interim City Manager of the City of Pasco, Washington, is hereby authorized, empowered, and directed to execute said Renewal Agreement on behalf of the City of Pasco; and to make minor substantive changes necessary to execute the Agreement. Be It Further Resolved, that this Resolution shall take effect immediately. Page 59 of 409 Resolution – 2026-2030 Visit Tri-Cities TPA Agreement - 2 PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 60 of 409 Renewal Agreement for the Promotion of Tourism - Page 1 RENEWAL AGREEMENT FOR THE PROMOTION OF TOURISM THIS RENEWAL AGREEMENT is entered into between the CITY OF PASCO, a municipal corporation, hereinafter referred to as the "City", and the TRI-CITIES VISITOR AND CONVENTION BUREAU, a Washington non-profit corporation, doing business as "Visit TRI- CITIES," hereinafter referred to as the "Bureau." IN CONSIDERATION of the mutual covenants as set forth herein, the parties agree as follows: I.The Bureau agrees to perform promotional services for the City including, but not limited to, advertising, publicizing and otherwise distributing information for the purpose of attracting visitors and encouraging tourist expansion to and within the City. In providing such services the Bureau shall: 1.Develop and implement a marketing and promotional plan that advertises and promotes the Tri-Cities and the City for the purpose of attracting visitors. Appropriate activities would include the production and distribution of a visitor guide, brochures, participation in travel shows, conducting advertising campaigns and other activities designed to promote the attractions of this area in targeted markets. 2.Manage and execute a comprehensive website and digital marketing campaigns designed to educate travelers, drive demand, assist local businesses in staff recruitment & relocation efforts, and complement City economic development strategies. 3.Provide City staff with accurate and detailed information on tourism statistics including but not limited to hotel occupancies, economic impact figures, and group histories to support the City's efforts to recruit businesses within the hospitality industry. 4.Act as a membership organization and liaison to small businesses located in the City that are dependent on tourism spending for financial success. 5.Solicit convention business and sports tournaments for the Tri-Cities and the City at the regional and state level through activities such as: A.Making contact with convention and sports planners and executives of organizations and groups to solicit sports, meetings and conventions in the Tri- Cities and the City. B.Researching convention and sports leads and contacting convention representatives of association groups and tournament representatives of sports groups, promoting the Tri-Cities and the City and offering convention and sports planning assistance. C.Preparing and distributing invitational convention and sports bid packets including information on the Tri-Cities and the City and the convention and sports facilities available therein. Page 61 of 409 Renewal Agreement for the Promotion of Tourism - Page 2 6. Provide prospective sports organization and convention representatives with familiarization tours of venues and convention hotel facilities in the Tri-Cities and the City for the purpose of assisting in the selection of a hotel(s) and/or other venues in which to hold sports tournaments, conventions and meetings. 7.Provide convention chairpersons and/or association executives and sports tournament directors with a bid packet and a planner's workbook to assist in planning conventions and/or sports tournaments. 8.Assist future conventions and sporting events in maximizing attendance through pre- event promotion. Produce promotional videos, collateral material, press releases, display booths and marketing materials to be used twelve to eighteen months prior to the event to increase awareness and create enthusiasm for attendance at Tri-Cities events. 9.Operate a visitor information center in the Tri-Cities to promote the Tri-Cities as a destination of choice and encourage visitors to enjoy local attractions and amenities, driving economic impact. 10.Include advertising material in promotional packets and other releases promoting regular tourism related Tri-City activities and events. 11.Reserve a seat on the Bureau's Board of Directors for representation by the City Manager or City Council Member. 12.Specific activities to be undertaken by the Bureau each year reflecting actions to be taken in the above-noted categories of service shall be detailed in an annual work plan. The work plan for the ensuing year will be presented to the City for approval in Q4 of each year. II.For the services herein contemplated and more fully described in the annual work plan, the City agrees to pay the Bureau fifty percent (50%) of the annual average hotel/motel tax receipts of the City collected from the first two percent (2%) levied for the five-year period immediately preceding each year of the contract period. The Bureau shall invoice the City for such services on a monthly basis on the 1st of each month for the services provided the month prior. 1.Provision for Economic Downturn: In the event of an economic downturn wherein there is a 15% decline in hotel/motel taxes over a period of six months, the parties agree to a payment for services as described herein. A.The base for comparison will be the same six-month period during the prior year, or the average of 2023, 2024, 2025 (whichever is greater). B.The 15% reduction in hotel/motel taxes will trigger a joint conversation between all parties to this contact to establish, in good faith, a mutually agreeable annual contract payment amount. C.Should the parties be unable to come to an agreement, the annual contract payment will be adjusted by the same percentage decline experienced over the six-month period identified above. Page 62 of 409 Renewal Agreement for the Promotion of Tourism - Page 3 D.The duration of payment adjustment will be a minimum of six months, and a new calculation will be performed at the end of six months to determine if another six-month adjustment is warranted. If not, normal payment amounts will resume under the normal contract payment amount and be the basis for monthly invoices from the Bureau. 2.Future Annual Contract Payment Calculations – For purposes of calculating the five-year average used to determine the annual contract payment, the annual hotel/motel tax amount for any year in which the provision for an economic downturn is enacted would be replaced with the prior year’s annual hotel/motel tax, assuming it is a higher amount, and would serve as the adjusted future annual contract payment amount supporting the basis for monthly invoices from the Bureau. III.Pursuant to the governing statute, (Ch. 67.28 RCW), restrictions have been placed on the use on the use of hotel/motel tax funds as set forth in relevant part as follows: " ... used solely for the purpose of paying all or any part of the cost of tourism promotion, acquisition of tourism-related facilities, or operation of tourism-related facilities." RCW 67.28.1815 Funding is conditioned upon the Bureau entering into this Agreement setting forth the purposes for which the funds will be used, providing a procedure for a project-end accounting and insuring compliance with the statute. To this end, the parties agree as follows: 1.The Bureau agrees to expend such funds to promote tourism in compliance with Ch. 67.28RCW. 2.At the conclusion of the calendar year, the Bureau shall provide a complete accounting of the expended funds and the purposes therefore. This report will be submitted to the City in Q1 of the ensuing year. A formal presentation to the City Council will be made if requested. 3.In the event the accounting indicates that funds were used for purposes not permitted by law, the Bureau shall, within 30 days of notification by City to the Bureau of such improper expenditures, remit the disallowed amount back to the City. 4.The Bureau shall maintain accurate records, regarding expenditure of funds related to its purpose of promoting tourism in compliance with RCW 67.28, to support its annual accounting for a calendar year, which shall be subject to inspection by the City upon 30 days’ notice of its intent to inspect the same. 5.Failing of the Bureau to either provide the accounting or remit disallowed funds as required herein shall constitute a breach of this Agreement. The remedies available to the City shall include but not be limited to, return of all funds delivered to the Bureau and denial of the right of the Bureau to apply for any future funding. 6.In the event of a dispute regarding the enforcement, breach, default, or interpretation of this Agreement, the parties shall first meet in a good faith effort to resolve such dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo. The substantially prevailing party shall be entitled Page 63 of 409 Renewal Agreement for the Promotion of Tourism - Page 4 to its reasonable attorney fees and costs as additional award and judgment against the other. IV.This Agreement shall be effective on January 1, 2026, and shall expire on December 31, 2030; provided, however, the City may terminate the Agreement with at least one (1) year written notice delivered to the Bureau. IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed this , day of 2025. CITY OF PASCO APPROVED AS TO FORM: City Attorney Mayor TRI-CITIES VISITOR AND CONVENTION BUREAU, a Washington non-profit corporation, d/b/a Visit TRI-CITIES APPROVED AS TO FORM: Kevin Lewis, President & CEO Page 64 of 409 AGENDA REPORT FOR: City Council June 2, 2025 TO: Dave Zabell, Interim City Manager City Council Regular Meeting: 6/16/25 FROM: Brian Cartwright, Division Manager Community & Economic Development SUBJECT: Resolution Nos. 4611, 4612, & 4613 - Approving Three (3) Developer Reimbursement Agreements for the Utility Improvements Associated with the “Broadmoor TIF-Utility Package Project” I. ATTACHMENT(S): Presentation Resolutions Exhibit-Development Reimbursement Agreements II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 1st MOTION: I move to approve Resolution No. 4611, authorizing the Interim City Manager to execute a Developer Reimbursement Agreement for the construction of irrigation water utility improvements for the Broadmoor TIF Utility Package Project, 2nd MOTION: I move to approve Resolution No. 4612, authorizing the Interim City Manager to execute a Developer Reimbursement Agreement for the construction of sanitary sewer utility improvements for the Broadmoor TIF Utility Package Project. 3rd MOTION: I move to approve Resolution No. 4613, authorizing the Interim City Manager to execute a Developer Reimbursement Agreement for the construction of domestic water utility improvements for the Broadmoor TIF Utility Package Project, III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: The City of Pasco, acting in the capacity of a developer under RCW 35.91 and Page 65 of 409 PMC 14.25, constructed utility improvements within the Sandifur Parkway and Road 108 rights-of-way to support future development. These improvements benefit abutting private properties, not City-owned development. To recover the proportionate cost of these improvements, the City submitted latecomer applications for three utility systems: water, sewer, and irrigation. As the following Project, Package TIF-Utility the of part Broadmoor improvements were completed:  Water: ~8,300 linear feet of 6", 8", 12", and 24" water main; 26 blow-off assemblies; 19 fire hydrant assemblies; 2 air relief valves; and a pressure reducing station.  Irrigation: ~6,176 linear feet of 12" and 16" irrigation main; 10 service connections; and 5 air relief valves.  Sewer: ~7,075 linear feet of 6", 8", 12", and 15" sewer main; and 23 48- inch manholes. These improvements fulfill the "to and through" utility extension requirements and support planned development throughout the benefit area. Construction is complete and has been formally accepted by the City. Final construction costs were submitted by the City (as developer), reviewed by staff (as administrator), and verified as accurate and consistent with completed work. V. DISCUSSION: RCW 35.91 authorizes municipalities to enter into contracts with property owners who voluntarily construct water or sewer facilities at their own expense. It provides a mechanism for reimbursement from other property owners who subsequently benefit from those improvements. RCW 35.91.020 specifically allows municipalities to exercise the same rights as private developers for cost recovery. Pasco Municipal Code (PMC) Chapter 14.25 implements this authority at the local level. While most developer reimbursement agreements are initiated by private parties, PMC Section 14.25.070 expressly permits the City to act as a developer and seek reimbursement for utility infrastructure constructed to support future development. In this case, the City initiated latecomer agreements for utility infrastructure installed in the public right-of-way under the Broadmoor TIF-Utility Package Project. Though the City is not developing any private property, it constructed these improvements at its own expense to serve abutting parcels. The benefit Page 66 of 409 area and cost allocations have been reviewed in accordance with applicable law, and all procedural requirements of RCW 35.91 and PMC Chapter 14.25 have been satisfied. Staff discussed these Developer Reimbursement Agreements with Council on their June 9, 2025, Workshop Meeting. Staff recommends that the City Council approve the final Developer Reimbursement Agreements for the water, sewer, and irrigation improvements associated with the Broadmoor TIF-Utility Package Project. Upon approval, the agreements will be executed by the City Manager pursuant to Pasco Municipal Code. Page 67 of 409 June 9, 2025 Pasco City Council Workshop Pa g e 6 8 o f 4 0 9 City Initiated Developer Reimbursement Agreements –Broadmoor TIF Area Utility June 9, 2025 Pasco City Council Pa g e 6 9 o f 4 0 9 General Information 3 Pa g e 7 0 o f 4 0 9 What is a Developer’s Reimbursement agreement? 4 • When a developer builds a public utility that benefits others at their own expense, they can be reimbursed. • Per PMC 14.25.070, the City can act as a developer when we build utilities to support future growth. • Benefitting property owners help repay the cost of the initial investment. Pa g e 7 1 o f 4 0 9 Legal Framework 5 • RCW.91: State law allows reimbursement of cost for utility improvements. • PMC 14.25: Pasco’s local code that follows state law. • These rules ensure that costs are shared fairly among those who benefit. Pa g e 7 2 o f 4 0 9 Broadmoor TIF Area Utility - Developer Reimbursement Agreement 6 Pa g e 7 3 o f 4 0 9 Broadmoor TIF Area Utility Package 7 • The City built water, sewer, and irrigation improvements along Sandifur Parkway and Road 108. • These improvements support future private development-not City-owned property. •Utilities built: •Water ≈ 8,300 LF pipe, 19 fire hydrants, 1 pressure reducing station •Sewer ≈ 7,075 feet of pipe, 23 manholes •Irrigation ≈ 6,175 feet of pipe, 10 service connections Pa g e 7 4 o f 4 0 9 Broadmoor TIF Area Utility Package 8 Pa g e 7 5 o f 4 0 9 Summary and Next Steps 9 Pa g e 7 6 o f 4 0 9 Summary and Next Steps 10 • The City invested in infrastructure to support future growth. • Reimbursement Agreements allow the City to recover part of the costs from benefitting property owners. • Developer Reimbursement Agreements are executed by the City Manager. • Staff recommends approval of the Resolutions authorizing the City Manager to execute 3 Developer Reimbursement Agreements Pa g e 7 7 o f 4 0 9 Questions?Pa g e 7 8 o f 4 0 9 Resolution – Broadmoor TIF Irrigation DRA - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A DEVELOPER REIMBURSEMENT AGREEMENT FOR THE CONSTRUCTION OF IRRIGATION WATER UTILITY IMPROVEMENTS FOR BROADMOOR TIF UTILITY PACKAGE PROJECT . WHEREAS, RCW 35.91 and Pasco Municipal Code (PMC) Chapter 14.25 establish a statutory framework that allows developers to enter into Developer Reimbursement Agreements when they fund necessary infrastructure improvements as a condition of development; and WHEREAS, RCW 35.91.020 and PMC Section 14.25.070 further provide that municipalities may exercise the same reimbursement rights as private developers when they construct such improvements at their own expense; and WHEREAS, the City of Pasco has submitted a complete and accurate application for a Developer Reimbursement Agreement; and WHEREAS, PMC Section 14.25.030(4) requires the Public Works Director, within 28 days of receipt of a Developer Reimbursement Agreement application to provide notice to the developer whether the application is complete or needs to be supplemented or amended within 30 days of such notice unless extended within the Public Works Director’s discretion; and WHEREAS, notice of complete application was provided to the applicant on December 5, 2023; and WHEREAS, the City shall provide notice of its preliminary assessment reimbursement area (those to repay the developer debt) to provide the property owners within the preliminary assessment area the opportunity to request the matter be submitted to a public hearing, within 20 days of date of mailing of the notice, before Council action; and WHEREAS, the City mailed notices of the preliminary assessment and reimbursement to the property owners within the preliminary reimbursement area on October 30, 2024 , and did not receive in writing a request for a hearing before Council; and WHEREAS, utility system improvements include infrastructure projects related to City water, sewer and storm sewer which are required to be constructed as a prerequisite of continued development; and. WHEREAS, utility system Developer Reimbursement Agreements requested by developers shall be entered into by the City of Pasco pursuant to PMC 14.25.030(3) once the prerequisite of Chapter 14.25 of the PMC have been met; and Page 79 of 409 Resolution – Broadmoor TIF Irrigation DRA - 2 WHEREAS, utility Developer Reimbursement Agreements shall meet the development criteria as detailed in PMC Section 14.25.030(3)(b); and WHEREAS, the City of Pasco agrees to payment of project costs, including legal and administrative costs, as set forth in the Developer Reimbursement Agreement, attached as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the Interim City Manager is authorized to execute the Developer Reimbursement Agreement, a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Be It Further Resolved, that the Interim City Manager be authorized to make minor substantive changes to the Developer Reimbursement Agreement as needed. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 80 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd Avenue Pasco, WA 99301 AGREEMENT# AGRMT2023-047ir Additional Parcels and Full Legal Descriptions attached hereto as Exhibit (B) CITY OF PASCO DEVELOPER REIMBURSEMENT AGREEMENT RCW 35.91 - Broadmoor TIF-Utility Package Project THIS AGREEMENT, made and entered into this day of___________, 2025, by and between the City of Pasco, a Municipal Corporation of the State of Washington, hereinafter referred to as “City”, and the property owners listed on Exhibit (A) hereinafter called “Owner”; and WHEREAS, RCW Chapter 35.91 gives cities the authority to finance the construction of Utility infrastructure, to assess benefited properties for pro rata share of construction costs, and to collect reimbursements from property owners who connect to the system within twenty (20) years; and WHEREAS, RCW Chapter 35.91 and PMC 14.25.070 authorize the City to partner with interested parties in financing development of Utility facilities, and to receive developer reimbursements for City expenditures on same; and WHEREAS, the City has, by Resolution_______ adopted by City Council on the _______ day of ______________, 2025, approved the reimbursement agreement for the construction of the Broadmoor TIF-Utility Package Project by the City to a certain tract of land and established a preliminary assessment reimbursement area and preliminary pro rata share of costs; NOW, THEREFORE, it is agreed as follows: 1. The City constructed, at their expense, the Broadmoor TIF-Utility Project as per construction plans signed and approved by the Public Works Director, or his/her designee. The Broadmoor TIF-Utility Project will: Exhibit (C) Page 81 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 Beginning at the intersection of Harris Road and Road 108 connecting to the existing 16-inch irrigation main thence heading north within the Road 108 roadway section approximately 3,000-feet to the north side of the intersection of Sandifur Parkway and Road 108. From that intersection the irrigation main continues east within Sandifur Parkway road section approximately 2,700-feet connecting to the existing 16-inch irrigation main within Broadmoor Boulevard. The project includes tee and “x” fixtures as well as main extensions and blow-off assemblies at future intersections and locations where irrigation main extensions have been deemed necessary for further development of the Broadmoor Area. Pipe sizes installed for this project were 16-inches within the Sandifur Parkway road section and 12- inch PVC within the Road 108 road section. The benefitting parcels are being assessed the value of the 12-inch irrigation main installation as this was deemed necessary to serve the Broadmoor Area. The facilities subject to this Agreement are included within the City's comprehensive utility plan for the properties in Exhibit (B), and no additional comprehensive plan approval for the utility system improvements was required. The facility was constructed in accordance with the City Standard Specifications and Drawings in effect governing the construction and specifications for facilities of such type, and subject to the approval of the Public Works Director, or his/her designee. The City has determined a final “Assessment Area” showing the benefiting parcels to be served by the facility, which is determined at the sole discretion of the City, and which are identified and legally described in Exhibit (C) 2. It is the intent of this Developer Reimbursement Agreements associated with utility system improvements shall be valid for a period not to exceed twenty (20) years from the effective date of the agreement. While a developer agreement is valid, any person, firm or corporation now or hereafter owning benefitted properties described below, or segregated parcels thereof, desiring to connect to the described facilities, shall first pay their pro-rata share of the total cost of the facilities (“Total Assessment”). For this project, the Total Assessment is shown in Exhibit(A). The individual Assessment associated with each parcel of benefited property described in this Agreement shall be charged to the property owner as shown in Exhibit (A). 3. With the completion of construction of the facility and its acceptance by the Public Works Director, or his/her designee, and Council’s adoption of this Developer Reimbursement Agreement, the City shall record latecomer assessments against all benefiting properties in the assessment reimbursement area (“Latecomer Fees”), and the facility will become a part of the municipal system of the City. Maintenance and operation costs of the said facilities will be borne by the City, except for work and corrections covered by the contractor’s one- year warranty bond. Page 82 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 4. It is the intent of this Developer Reimbursement Agreement that with the completion of construction and Council adoption of this Developer Reimbursement Agreement, no person, firm or corporation owning property within the assessment reimbursement area shall be granted a permit or be authorized by City to connect to or use the referenced facilities during the period of time prescribed in Paragraph 2 above without first paying to City, in addition to any and all other costs, assessments and charges made and assessed for such tap or use, the amount required by the provisions of this contract. All amounts so received by the City shall be used to reimburse the Water Utility Fund for the capital improvement. After the expiration of the time prescribed in Paragraph 2 of the agreement, City standard fees in effect at the time, will apply. 5. It is the intent of this Developer Reimbursement Agreement that following passage of the Developer Reimbursement Agreement by City Council, whenever any connection is made onto the facility described in Paragraph 1 under the contract without such payment having first been made in accordance with Exhibit (A), the City may remove or cause to be removed, such unauthorized connection and all connected lines or pipe located in the facility right-of-way, and dispose of such material removed without any liability whatsoever. 6. It is the intent of this Developer Reimbursement Agreement that following passage of this Developer Reimbursement Agreement by City Council, and upon recording said Developer Reimbursement Agreement with the appropriate county auditor's office within thirty (30) days of its final execution, the terms of said Agreement shall run with the land contained within the assessment reimbursement area and bind subsequent owners of the properties affected IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written. received by the City shall be used to reimburse the Water/Sewer Utility fund for the capital improvement. after the expiration of the time prescribed in paragraph 2 of the agreement, City standard fees in effect at the time, will apply. Page 83 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 CITY OF PASCO, WASHINGTON Dave Zabell, Interim City Manager ATTEST: Debra C. Barham, City Clerk APPROVED AS TO FORM: Kerr Ferguson Law, PLLC, City Attorney STATE OF WASHINGTON ) : ss COUNTY OF FRANKLIN ) On this day personally appeared before me DAVE ZABELL, Interim City Manager of the City of Pasco, Washington, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ___ day of ______________, 2025. ________________________________________ Notary Public in and for the State of Washington Print Name: _____________________________ Residing at _______________________________ My Commission Expires: ___________________ Page 84 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 EXHIBIT A IR R I G A T I O N PE R M I T # P a r c e l F r o n t a g e [ F T ] Al l o c a t i o n o f Co s t [ % ] = [( I n d i v i d u a l Pa r c e l Fr o n t a g e [F T ] ) / ( T o t a l Pa r c e l Fr o n t a g e [F T ] ) ] A l l o c a t i o n o f C o s t [ $ ] = ( A l l o c a t i o n o f C o s t [% ] ) * ( T o t a l E s t i m a t e ) 11 5 - 2 1 0 - 0 3 4 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 86 3 7. 4 7 % 52 , 7 5 5 . 6 2 $ 11 5 - 2 1 0 - 0 3 5 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 86 0 7. 4 5 % 52 , 5 7 2 . 2 2 $ 11 5 - 2 1 0 - 0 3 6 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 90 2 7. 8 1 % 55 , 1 3 9 . 7 1 $ 11 5 - 2 1 0 - 0 4 0 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 11 8 8 10 . 2 9 % 72 , 6 2 3 . 0 3 $ 11 5 - 2 1 0 - 0 4 1 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 50 0 4. 3 3 % 30 , 5 6 5 . 2 5 $ 11 5 - 2 1 0 - 2 1 1 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 69 9 6. 0 5 % 42 , 7 3 0 . 2 2 $ 11 5 - 2 1 0 - 2 1 2 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 82 0 7. 1 0 % 50 , 1 2 7 . 0 0 $ 11 5 - 2 1 0 - 2 1 8 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 73 1 6. 3 3 % 44 , 6 8 6 . 3 9 $ 11 5 - 2 1 0 - 2 1 3 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 44 8 3. 8 8 % 27 , 3 8 6 . 4 6 $ 11 5 - 2 1 0 - 2 1 6 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 73 1 6. 3 3 % 44 , 6 8 6 . 3 9 $ 11 5 - 2 1 0 - 2 1 9 PA S C O P U B L I C F A C I L I T I E S D I S T R I C T BE N E F I T T I N G P A R C E L 95 1 8. 2 4 % 58 , 1 3 5 . 1 0 $ 11 5 - 2 1 0 - 2 1 7 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 13 4 2 11 . 6 2 % 82 , 0 3 7 . 1 2 $ 11 5 - 2 1 0 - 2 1 4 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 72 8 6. 3 1 % 44 , 5 0 3 . 0 0 $ 11 5 - 2 1 0 - 2 1 5 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 78 3 6. 7 8 % 47 , 8 6 5 . 1 8 $ TO T A L S : 11 5 4 6 . 0 0 10 0 . 0 0 % 70 5 , 8 1 2 . 6 8 $ 70 5 , 8 1 2 . 6 8 $ BR O A D M O O R I R R I G A T I O N U T I L I T Y AG M N T 2 0 2 3 - 0 4 7 i r Im p r o v e m e n t To t a l F r o n t a g e 11 5 4 6 To t a l C o s t o f I m p r o v e m e n t $7 0 5 , 8 1 2 . 6 8 Be n e f i t A r e a Pa r c e l # , O w n e r LA T E C O M E R A M O U N T : Page 85 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 EXHIBIT B Page 86 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 EXHIBIT C IRRIGATION BENNEFITTING PARCELS 115-210-034 TOWNSHIP 9 RANGE 29 SECTION 7; LOT 4 OF RECORD SURVEY #1956316 EXCEPT PORTION DEEDED FOR ROAD RW-1972746 115-210-035 TOWNSHIP 9 RANGE 29 SECTION 07; LOT 5 OF RECORD SURVEY #1956316 EXCEPT PORTION DEEDED FOR ROAD RW-1972746 115-210-036 TOWNSHIP 9 RANGE 29 SECTION 07; LOT 6 OF RECORD SURVEY #1956316 EXCEPT PORTION DEEDED FOR ROAD RW-1972746 115-210-040 TOWNSHIP 9 RANGE 29 SECTION 07; LOT 10 OF RECORD SURVEY #1956316 EXCEPT PORTION DEEDED FOR ROAD RW-1972746 115-210-041 TOWNSHIP 9 RANGE 29 SECTION 07; LOT 11 OF RECORD SURVEY #1956316 EXCEPT PORTION DEEDED FOR ROAD RW-1972746 115-210-211 A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE NORTHWEST OF THE SOUTHEAST OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN IN CITY OF PASCO, FRANKLIN COUNTY, STATE OF WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: LOT 12 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316. EXCEPT: THE SOUTH 212.64 FEET OF SAID LOT 12 EXCEPT: THE PORTIONS OF SAID LOT 12 DEDICATED FOR ROAD RIGHTS-OF-WAY PER DEEDS RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBERS 1972746 AND 1972747. HAVING AN AREA OF 11.10 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 12 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-212 A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER Page 87 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 CORNER OF SAID SECTION 7 BEING A 2.5 INCH UNITED STATES BUREAU OF RECLAMATION BRASS CAP STAMPED: "S12-S7 1/4 1939"; THENCE NORTH 89°33'30" EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 A DISTANCE OF 1,804.49 FEET TO THE SOUTHWEST CORNER OF LOT 18 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 00°00'36" EAST ALONG THE WEST BOUNDARY OF SAID LOT 18 A DISTANCE OF 365.74 FEET TO THE SOUTH RIGHT-OF-WAY OF SANDIFUR PARKWAY DEDICATED PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1977008 BEING A POINT ON THE ARC OF A NON TANGENT CURVE TURNING TO THE LEFT, HAVING A RADIUS OF 850.08 FEET; THE RADIUS POINT OF WHICH BEARS NORTH 12°41'19" EAST; THENCE ALONG SAID CURVE AND SAID SOUTH RIGHT- OF-WAY, HAVING AN ARC LENGTH OF 189.01 FEET, WITH A DELTA ANGLE OF 12°44'21", A CHORD BEARING OF SOUTH 83°40'51" EAST, AND A CHORD LENGTH OF 188.62 FEET; THENCE NORTH 89°56'58" EAST A DISTANCE OF 572.20 FEET TO THE WEST RIGHT-OF-WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE SOUTH 16°47'26" EAST ALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 95.32 FEET; THENCE SOUTH 00°00'19" EAST A DISTANCE OF 550.96 FEET; THENCE SOUTH 89°33'30" WEST A DISTANCE OF 399.59 FEET TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF 510.05 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 148.81 FEET, WITH A DELTA ANGLE OF 16°42'58", A CHORD BEARING OF NORTH 82°05'01" WEST, AND A CHORD LENGTH OF 148.28 FEET; THENCE SOUTH 00°00'36" WEST A DISTANCE OF 415.98 FEET; THENCE NORTH 89°58'30" WEST A DISTANCE OF 240.92 FEET TO THE WEST BOUNDARY OF LOT 15 OF SAID AMENDED RECORD OF SURVEY; THENCE NORTH 00°00'36" EAST ALONG SAID WEST BOUNDARY A DISTANCE OF 695.27 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 13.81 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 19 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-218 A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN IN CITY OF PASCO, FRANKLIN COUNTY, STATE OF WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 212.64 FEET OF LOT 12 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316 AND THE NORTH 362.36 FEET OF LOT 14 OF SAID AMENDED RECORD OF SURVEY. EXCEPT: THE PORTION OF SAID LOT 14 DEDICATED FOR ROAD RIGHT-OF- WAY PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747. HAVING AN AREA OF 11.23 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 32 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) Page 88 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 115-210-213 A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 7 BEING A 2.5 INCH UNITED STATES BUREAU OF RECLAMATION BRASS CAP STAMPED: "S12-S7 1/4 1939"; THENCE NORTH 89°33'30" EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 A DISTANCE OF 1,804.49 FEET TO THE NORTHWEST CORNER OF LOT 15 OF THE AMENDED RECORD OF SURVEY FOR EXEM PT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'36" WEST ALONG THE WEST BOUNDARY OF SAID LOT 15 A DISTANCE OF 695.27 FEET; THENCE SOUTH 89°58'30" EAST A DISTANCE OF 240.92 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°58'30" EAST A DISTANCE OF 546.56 FEET TO THE WEST RIGHT-OF-WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE NORTH 00°00'19" WEST ALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 398.88 FEET; THENCE SOUTH 89°33'30" WEST A DISTANCE OF 399.59 FEET TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF 510.05 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 148.81 FEET, WITH A DELTA ANGLE OF 16°42'58", A CHORD BEARING OF NORTH 82°05'01" WEST, AND A CHORD LENGTH OF 148.28 FEET; THENCE SOUTH 00°00'36" WEST A DISTANCE OF 415.98 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 5.00 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 20 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-216 A PARCEL OF LAND LOCATED IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN IN CITY OF PASCO, FRANKLIN COUNTY, STATE OF WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 7 BEING A NAIL IN CONCRETE IN CASE AT INTERSECTION OF HARRIS ROAD AND BROADMOOR BOULEVARD; THENCE SOUTH 89°33'30" WEST ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 7 A DISTANCE OF 1,764.25 FEET TO THE EAST BOUNDARY OF LOT 12 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'00" WEST ALONG THE EAST BOUNDARIES OF LOTS 12 AND 14 OF SAID AMENDED RECORD OF SURVEY A DISTANCE OF 1,396.42 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 90°00'00" WEST A DISTANCE OF 850.22 FEET TO THE EAST RIGHT-OF-WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE NORTH 00°00'19" WEST ALONG SAID EAST RIGHT-OF-WAY A DISTANCE OF 575.05 FEET; THENCE NORTH 90°00'00" EAST A DISTANCE OF 850.27 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 11.22 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND Page 89 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 29 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-219 A PARCEL OF LAND LOCATED IN THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 7 BEING A 2.5 INCH UNITED STATES BUREAU OF RECLAMATION BRASS CAP STAMPED: "S12-S7 1/4 1939"; THENCE NORTH 89°33'30" EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 A DISTANCE OF A DISTANCE OF 1,804.49 FEET TO THE NORTHWEST CORNER OF LOT 15 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'36" WEST ALONG THE WEST BOUNDARY OF SAID LOT 15 A DISTANCE OF 1,414.43 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°59'24" EAST A DISTANCE OF 787.68 FEET TO THE WEST RIGHT-OF- WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE NORTH 00°00'19" WEST ALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 718.95 FEET; THENCE NORTH 89°58'30" WEST A DISTANCE OF 787.48 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 13.00 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 34 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-217 A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN IN CITY OF PASCO, FRANKLIN COUNTY, STATE OF WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 7 BEING A NAIL IN CONCRETE IN CASE AT INTERSECTION OF HARRIS ROAD AND BROADMOOR BOULEVARD; THENCE SOUTH 89°33'30" WEST ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 7 A DISTANCE OF 1,764.25 FEET TO THE EAST BOUNDARY OF LOT 12 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'00" WEST ALONG THE EAST BOUNDARIES OF LOTS 12 AND 14 OF SAID AMENDED RECORD OF SURVEY A DISTANCE OF 1,710.38 FEET TO THE NORTH RIGHT-OF-WAY OF HARRIS ROAD AS SHOWN ON SAID AMENDED RECORD OF SURVEY AND THE TRUE POINT OF BEGINNING THENCE SOUTH 49°21'22" WEST ALONG SAID NORTH RIGHT-OF-WAY A DISTANCE OF 742.36 FEET TO THE EAST RIGHT-OF-WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE NORTH 42°58'57" WEST ALONG SAID EAST RIGHT-OF-WAY A DISTANCE OF 420.80 FEET; THENCE NORTH 00°00'19" WEST A DISTANCE OF 489.67 FEET; THENCE NORTH 90°00'00" EAST A DISTANCE OF 850.22 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 11.43 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS Page 90 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 30 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-214 A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 7 BEING A 2.5 INCH UNITED STATES BUREAU OF RECLAMATION BRASS CAP STAMPED: "S12-S7 1/4 1939"; THENCE NORTH 89°33'30" EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 A DISTANCE OF 1,804.49 FEET TO THE NORTHWEST CORNER OF LOT 15 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'36" WEST ALONG THE WEST BOUNDARY OF SAID LOT 15 A DISTANCE OF 1,967.43 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°59'24" EAST A DISTANCE OF 787.83 FEET TO THE WEST RIGHT-OF-WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE NORTH 00°00'19" WEST ALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 552.99 FEET; THENCE NORTH 89°59'24" WEST A DISTANCE OF 787.68 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 10.00 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 21 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-215 A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 7 BEING A 2.5 INCH UNITED STATES BUREAU OF RECLAMATION BRASS CAP STAMPED: "S12-S7 1/4 1939"; THENCE NORTH 89°33'30" EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 A DISTANCE OF 1,804.49 FEET TO THE NORTHWEST CORNER OF LOT 15 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'36" WEST ALONG THE WEST BOUNDARY OF SAID LOT 15 A DISTANCE OF 2,623.39 FEET TO THE NORTH RIGHT-OF-WAY OF HARRIS ROAD AS SHOWN ON SAID AMENDED RECORD OF SURVEY AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°59'38" EAST ALONG SAID NORTH RIGHT-OF-WAY A DISTANCE OF 306.97 FEET TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE LEFT, HAVING A RADIUS OF 950.00 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 504.37 FEET, WITH A DELTA ANGLE OF 30°25'10", A CHORD BEARING OF NORTH 74°47'47" EAST, AND A CHORD LENGTH OF 498.47 FEET TO THE WEST RIGHT-OF-WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE NORTH 00°00'19" WEST ALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 525.13 FEET; THENCE NORTH 89°59'24" WEST A Page 91 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 DISTANCE OF 787.83 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH: A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 7 BEING A 2.5 INCH IRON PIPE WITH NAIL IN CASE AT CENTERLINE OF HARRIS ROAD; THENCE SOUTH 89°59'38" EAST ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 A DISTANCE OF 2394.98 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°59'38" EAST CONTINUING ALONG SAID SOUTH LINE A DISTANCE OF 161.52 FEET; THENCE NORTH 49°21'22" EAST A DISTANCE OF 311.68 FEET; THENCE SOUTH 57°32'41" WEST A DISTANCE OF 185.16 FEET TO A POINT ON THE ARC OF A NON TANGENT CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF 1,040.00 FEET; THE RADIUS POINT OF WHICH BEARS NORTH 30°28'01" WEST; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 263.75 FEET, WITH A DELTA ANGLE OF 14°31'51", A CHORD BEARING OF SOUTH 66°47'54" WEST, AND A CHORD LENGTH OF 263.05 FEET TO THE TRUE POINT OF BEGINNING. HAVING A TOTAL COMBINED AREA OF 11.65 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 22 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) Page 92 of 409 Resolution – Broadmoor TIF Sewer DRA - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A DEVELOPER REIMBURSEMENT AGREEMENT FOR THE CONSTRUCTION OF SANITARY SEWER UTILITY IMPROVEMENTS FOR BROADMOOR TIF UTILITY PACKAGE PROJECT . WHEREAS, RCW 35.91 and Pasco Municipal Code (PMC) Chapter 14.25 establishes a statutory framework that allows developers to enter into Developer Reimbursement Agreements when they fund necessary infrastructure improvements as a condition of development; and WHEREAS, RCW 35.91.020 and PMC Section 14.25.070 further provides that municipalities may exercise the same reimbursement rights as private developers when they construct such improvements at their own expense; and WHEREAS, the City of Pasco has submitted a complete and accurate application for a Developer Reimbursement Agreement; and WHEREAS, PMC Section 14.25.030(4) requires the Public Works Director, within 28 days of receipt of a Developer Reimbursement Agreement application to provide notice to the developer whether the application is complete or needs to be supplemented or amended within 30 days of such notice unless extended within the Public Works Director discretion; and WHEREAS, notice of the complete application was provided to the applicant on December 5, 2023; and WHEREAS, the City shall provide notice of its preliminary assessment reimbursement area (those to repay the developer debt) to provide the property owners within the preliminary assessment area the opportunity to request the matter be submitted to a public hearing, within 20 days of date of mailing of the notice, before Council action; and WHEREAS, the City mailed notices of the preliminary assessment and reimbursement to the property owners within the preliminary reimbursement area on October 30, 2024 , and did not receive in writing a request for a hearing before Council; and WHEREAS, utility system improvements include infrastructure projects related to City water, sewer and storm sewer which are required to be constructed as a prerequisite of continued development; and. WHEREAS, utility system Developer Reimbursement Agreements requested by developers shall be entered into by the City of Pasco pursuant to PMC Section 14.25.030(3) once the prerequisite of Chapter 14.25 of the PMC have been met; and Page 93 of 409 Resolution – Broadmoor TIF Sewer DRA - 2 WHEREAS, utility Developer Reimbursement Agreements shall meet the development criteria as detailed in PMC Section 14.25.030(3)(b); and WHEREAS, the City of Pasco agrees to payment of project costs, including legal and administrative costs, as set forth in the Developer Reimbursement Agreement, attached as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the Interim City Manager is authorized to execute the Developer Reimbursement Agreement, a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Be It Further Resolved, that the Interim City Manager be authorized to make minor substantive changes to the Agreement as needed. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 94 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd Avenue Pasco, WA 99301 AGREEMENT# AGRMT2023-046s Additional Parcels and Full Legal Descriptions attached hereto as Exhibit (C) CITY OF PASCO DEVELOPER REIMBURSEMENT AGREEMENT RCW 35.91 - Broadmoor TIF-Utility Package Project THIS AGREEMENT, made and entered into this day of___________, 2025, by and between the City of Pasco, a Municipal Corporation of the State of Washington, hereinafter referred to as “City”, and the property owners listed on Exhibit (A) hereinafter called “Owner”; and WHEREAS, RCW Chapter 35.91 gives cities the authority to finance the construction of Utility infrastructure, to assess benefited properties for pro rata share of construction costs, and to collect reimbursements from property owners who connect to the system within twenty (20) years; and WHEREAS, RCW Chapter 35.91 and PMC 14.25.070 authorize the City to partner with interested parties in financing development of Utility facilities, and to receive developer reimbursements for City expenditures on same; and WHEREAS, the City has, by Resolution_______ adopted by City Council on the _______ day of ______________, 2025, approved the reimbursement agreement for the construction of the Broadmoor TIF-Utility Package Project by the City to a certain tract of land and established a preliminary assessment reimbursement area and preliminary pro rata share of costs; NOW, THEREFORE, it is agreed as follows: 1. The City constructed, at their expense, the Broadmoor TIF-Utility Project as per construction plans signed and approved by the Public Works Director, or his/her designee. The Broadmoor TIF-Utility Project will: Page 95 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 Beginning approximately 250-feet west of the Sandifur Parkway and Broadmoor Boulevard intersection and heading west along the Sandifur Parkway road section approximately 3,300 linear feet, terminating at the western edge of parcel 115-210-048. Additionally, the project picks up the main extension at the intersection of Sandifur Parkway and Road 108 and heading south within the Road 108 road section approximately 2,900-feet connecting to the existing 30-inch trunk main within Harris Road. The project is installing 12-inch PVC sewer within the Sandifur Parkway section between Broadmoor Boulevard and future Road 105 and 15-inch PVC sewer main between the Road 105 intersection and western parcel line of 115-210-048. Within the Road 108 roadway section, this project is installing 12-inch PVC sewer main. In addition to the sewer main extensions, the project is also installing tee fixtures and extensions with caps at all future locations where sewer main extensions have been deemed necessary for future development. The facilities subject to this Agreement are included within the City's comprehensive utility plan for the properties in Exhibit (B), and no additional comprehensive plan approval for the utility system improvements was required. The facility was constructed in accordance with the City Standard Specifications and Drawings in effect governing the construction and specifications for facilities of such type, and subject to the approval of the Public Works Director, or his/her designee. The City has determined a final “Assessment Area” showing the benefiting parcels to be served by the facility, which is determined at the sole discretion of the City, and which are identified and legally described in Exhibit (C) 2. It is the intent of this Developer Reimbursement Agreements associated with utility system improvements shall be valid for a period not to exceed twenty (20) years from the effective date of the agreement. While a developer agreement is valid, any person, firm or corporation now or hereafter owning benefitted properties described below, or segregated parcels thereof, desiring to connect to the described facilities, shall first pay their pro-rata share of the total cost of the facilities (“Total Assessment”). For this project, the Total Assessment is shown in Exhibit(A). The individual Assessment associated with each parcel of benefited property described in this Agreement shall be charged to the property owner as shown in Exhibit (A). 3. With the completion of construction of the facility and its acceptance by the Public Works Director, or his/her designee, and Council’s adoption of this Developer Reimbursement Agreement, the City shall record latecomer assessments against all benefiting properties in the assessment reimbursement area (“Latecomer Fees”), and the facility will become a part of the municipal system of the City. Maintenance and operation costs of the said facilities will be borne by the City, except for work and corrections covered by the contractor’s one- year warranty bond. Page 96 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 4. It is the intent of this Developer Reimbursement Agreement that with the completion of construction and Council adoption of this Developer Reimbursement Agreement, no person, firm or corporation owning property within the assessment reimbursement area shall be granted a permit or be authorized by City to connect to or use the referenced facilities during the period of time prescribed in Paragraph 2 above without first paying to City, in addition to any and all other costs, assessments and charges made and assessed for such tap or use, the amount required by the provisions of this contract. All amounts so received by the City shall be used to reimburse the Water Utility Fund for the capital improvement. After the expiration of the time prescribed in Paragraph 2 of the agreement, City standard fees in effect at the time, will apply. 5. It is the intent of this Developer Reimbursement Agreement that following passage of the Developer Reimbursement Agreement by City Council, whenever any connection is made onto the facility described in Paragraph 1 under the contract without such payment having first been made in accordance with Exhibit (A), the City may remove or cause to be removed, such unauthorized connection and all connected lines or pipe located in the facility right-of-way, and dispose of such material removed without any liability whatsoever. 6. It is the intent of this Developer Reimbursement Agreement that following passage of this Developer Reimbursement Agreement by City Council, and upon recording said Developer Reimbursement Agreement with the appropriate county auditor's office within thirty (30) days of its final execution, the terms of said Agreement shall run with the land contained within the assessment reimbursement area and bind subsequent owners of the properties affected IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written. received by the City shall be used to reimburse the Water/Sewer Utility fund for the capital improvement. after the expiration of the time prescribed in paragraph 2 of the agreement, City standard fees in effect at the time, will apply. Page 97 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 CITY OF PASCO, WASHINGTON Dave Zabell, Interim City Manager ATTEST: Debra C. Barham, City Clerk APPROVED AS TO FORM: Kerr Ferguson Law, PLLC, City Attorney STATE OF WASHINGTON ) : ss COUNTY OF FRANKLIN ) On this day personally appeared before me DAVE ZABELL, Interim City Manager of the City of Pasco, Washington, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ___ day of ______________, 2025. ________________________________________ Notary Public in and for the State of Washington Print Name: _____________________________ Residing at _______________________________ My Commission Expires: ___________________ Page 98 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 EXHIBIT A SE W E R PE R M I T # P a r c e l F r o n t a g e [ F T ] Al l o c a t i o n o f Co s t [ % ] = [( I n d i v i d u a l Pa r c e l Fr o n t a g e [F T ] ) / ( T o t a l Pa r c e l Fr o n t a g e [F T ] ) ] A l l o c a t i o n o f C o s t [ $ ] = ( A l l o c a t i o n o f C o s t [% ] ) * ( T o t a l E s t i m a t e ) 11 5 - 2 1 0 - 0 3 4 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 86 3 6. 9 7 % 46 , 5 6 7 . 9 9 $ 11 5 - 2 1 0 - 0 3 5 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 86 0 6. 9 5 % 46 , 4 0 6 . 1 1 $ 11 5 - 2 1 0 - 0 3 6 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 90 2 7. 2 8 % 48 , 6 7 2 . 4 5 $ 11 5 - 2 1 0 - 0 4 0 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 11 8 8 9. 5 9 % 64 , 1 0 5 . 1 8 $ 11 5 - 2 1 0 - 0 4 1 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 50 0 4. 0 4 % 26 , 9 8 0 . 3 0 $ 11 5 - 2 1 0 - 2 1 1 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 70 1 5. 6 6 % 37 , 8 2 6 . 3 7 $ 11 5 - 2 1 0 - 2 1 8 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 73 6 5. 9 4 % 39 , 7 1 5 . 0 0 $ 11 5 - 2 1 0 - 2 1 6 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 73 6 5. 9 4 % 39 , 7 1 5 . 0 0 $ 11 5 - 2 1 0 - 2 1 7 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 13 3 0 10 . 7 4 % 71 , 7 6 7 . 5 9 $ 11 5 - 2 1 0 - 2 1 2 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 82 1 6. 6 3 % 44 , 3 0 1 . 6 5 $ 11 5 - 2 1 0 - 2 1 3 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 44 8 3. 6 2 % 24 , 1 7 4 . 3 4 $ 11 5 - 2 1 0 - 2 1 9 PA S C O P U B L I C F A C I L I T I E S D I S T R I C T BE N E F I T T I N G P A R C E L 95 1 7. 6 8 % 51 , 3 1 6 . 5 2 $ 11 5 - 2 1 0 - 2 1 4 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 72 7 5. 8 7 % 39 , 2 2 9 . 3 5 $ 11 5 - 2 1 0 - 2 1 5 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 78 3 6. 3 2 % 42 , 2 5 1 . 1 4 $ 11 5 - 2 1 0 - 0 5 3 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 39 9 3. 2 2 % 21 , 5 3 0 . 2 8 $ 11 5 - 2 1 0 - 0 5 8 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 43 8 3. 5 4 % 23 , 6 3 4 . 7 4 $ TO T A L S : 12 3 8 3 10 0 . 0 0 % 66 8 , 1 9 4 . 0 0 $ 66 8 , 1 9 4 . 0 0 $ BR O A D M O O R S E W E R U T I L I T Y AG M N T 2 0 2 3 - 0 4 6 s Im p r o v e m e n t To t a l F r o n t a g e 12 3 8 3 To t a l C o s t o f I m p r o v e m e n t $6 6 8 , 1 9 4 . 0 0 Be n e f i t A r e a Pa r c e l # , O w n e r LA T E C O M E R A M O U N T : Page 99 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 EXHIBIT B Page 100 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 EXHIBIT C SEWER BENNEFITTING PARCELS 115-210-034 TOWNSHIP 9 RANGE 29 SECTION 7; LOT 4 OF RECORD SURVEY #1956316 EXCEPT PORTION DEEDED FOR ROAD RW-1972746 115-210-035 TOWNSHIP 9 RANGE 29 SECTION 07; LOT 5 OF RECORD SURVEY #1956316 EXCEPT PORTION DEEDED FOR ROAD RW-1972746 115-210-036 TOWNSHIP 9 RANGE 29 SECTION 07; LOT 6 OF RECORD SURVEY #1956316 EXCEPT PORTION DEEDED FOR ROAD RW-1972746 115-210-040 TOWNSHIP 9 RANGE 29 SECTION 07; LOT 10 OF RECORD SURVEY #1956316 EXCEPT PORTION DEEDED FOR ROAD RW-1972746 115-210-041 TOWNSHIP 9 RANGE 29 SECTION 07; LOT 11 OF RECORD SURVEY #1956316 EXCEPT PORTION DEEDED FOR ROAD RW-1972746 115-210-211 A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE NORTHWEST OF THE SOUTHEAST OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN IN CITY OF PASCO, FRANKLIN COUNTY, STATE OF WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: LOT 12 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316. EXCEPT: THE SOUTH 212.64 FEET OF SAID LOT 12 EXCEPT: THE PORTIONS OF SAID LOT 12 DEDICATED FOR ROAD RIGHTS-OF-WAY PER DEEDS RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBERS 1972746 AND 1972747. HAVING AN AREA OF 11.10 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 12 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-212 A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, Page 101 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 7 BEING A 2.5 INCH UNITED STATES BUREAU OF RECLAMATION BRASS CAP STAMPED: "S12-S7 1/4 1939"; THENCE NORTH 89°33'30" EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 A DISTANCE OF 1,804.49 FEET TO THE SOUTHWEST CORNER OF LOT 18 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 00°00'36" EAST ALONG THE WEST BOUNDARY OF SAID LOT 18 A DISTANCE OF 365.74 FEET TO THE SOUTH RIGHT-OF-WAY OF SANDIFUR PARKWAY DEDICATED PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1977008 BEING A POINT ON THE ARC OF A NON TANGENT CURVE TURNING TO THE LEFT, HAVING A RADIUS OF 850.08 FEET; THE RADIUS POINT OF WHICH BEARS NORTH 12°41'19" EAST; THENCE ALONG SAID CURVE AND SAID SOUTH RIGHT- OF-WAY, HAVING AN ARC LENGTH OF 189.01 FEET, WITH A DELTA ANGLE OF 12°44'21", A CHORD BEARING OF SOUTH 83°40'51" EAST, AND A CHORD LENGTH OF 188.62 FEET; THENCE NORTH 89°56'58" EAST A DISTANCE OF 572.20 FEET TO THE WEST RIGHT-OF-WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE SOUTH 16°47'26" EAST ALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 95.32 FEET; THENCE SOUTH 00°00'19" EAST A DISTANCE OF 550.96 FEET; THENCE SOUTH 89°33'30" WEST A DISTANCE OF 399.59 FEET TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF 510.05 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 148.81 FEET, WITH A DELTA ANGLE OF 16°42'58", A CHORD BEARING OF NORTH 82°05'01" WEST, AND A CHORD LENGTH OF 148.28 FEET; THENCE SOUTH 00°00'36" WEST A DISTANCE OF 415.98 FEET; THENCE NORTH 89°58'30" WEST A DISTANCE OF 240.92 FEET TO THE WEST BOUNDARY OF LOT 15 OF SAID AMENDED RECORD OF SURVEY; THENCE NORTH 00°00'36" EAST ALONG SAID WEST BOUNDARY A DISTANCE OF 695.27 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 13.81 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 19 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-218 A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN IN CITY OF PASCO, FRANKLIN COUNTY, STATE OF WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 212.64 FEET OF LOT 12 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316 AND THE NORTH 362.36 FEET OF LOT 14 OF SAID AMENDED RECORD OF SURVEY. EXCEPT: THE PORTION OF SAID LOT 14 DEDICATED FOR ROAD RIGHT-OF- WAY PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747. HAVING AN AREA OF 11.23 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 32 OF PLAT Page 102 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-213 A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 7 BEING A 2.5 INCH UNITED STATES BUREAU OF RECLAMATION BRASS CAP STAMPED: "S12-S7 1/4 1939"; THENCE NORTH 89°33'30" EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 A DISTANCE OF 1,804.49 FEET TO THE NORTHWEST CORNER OF LOT 15 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'36" WEST ALONG THE WEST BOUNDARY OF SAID LOT 15 A DISTANCE OF 695.27 FEET; THENCE SOUTH 89°58'30" EAST A DISTANCE OF 240.92 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°58'30" EAST A DISTANCE OF 546.56 FEET TO THE WEST RIGHT-OF-WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE NORTH 00°00'19" WEST ALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 398.88 FEET; THENCE SOUTH 89°33'30" WEST A DISTANCE OF 399.59 FEET TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF 510.05 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 148.81 FEET, WITH A DELTA ANGLE OF 16°42'58", A CHORD BEARING OF NORTH 82°05'01" WEST, AND A CHORD LENGTH OF 148.28 FEET; THENCE SOUTH 00°00'36" WEST A DISTANCE OF 415.98 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 5.00 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 20 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-216 A PARCEL OF LAND LOCATED IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN IN CITY OF PASCO, FRANKLIN COUNTY, STATE OF WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 7 BEING A NAIL IN CONCRETE IN CASE AT INTERSECTION OF HARRIS ROAD AND BROADMOOR BOULEVARD; THENCE SOUTH 89°33'30" WEST ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 7 A DISTANCE OF 1,764.25 FEET TO THE EAST BOUNDARY OF LOT 12 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'00" WEST ALONG THE EAST BOUNDARIES OF LOTS 12 AND 14 OF SAID AMENDED RECORD OF SURVEY A DISTANCE OF 1,396.42 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 90°00'00" WEST A DISTANCE OF 850.22 FEET TO THE EAST RIGHT-OF-WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE NORTH 00°00'19" WEST ALONG SAID EAST RIGHT-OF-WAY A DISTANCE OF 575.05 FEET; THENCE NORTH 90°00'00" EAST A Page 103 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 DISTANCE OF 850.27 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 11.22 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 29 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-219 A PARCEL OF LAND LOCATED IN THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 7 BEING A 2.5 INCH UNITED STATES BUREAU OF RECLAMATION BRASS CAP STAMPED: "S12-S7 1/4 1939"; THENCE NORTH 89°33'30" EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 A DISTANCE OF A DISTANCE OF 1,804.49 FEET TO THE NORTHWEST CORNER OF LOT 15 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'36" WEST ALONG THE WEST BOUNDARY OF SAID LOT 15 A DISTANCE OF 1,414.43 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°59'24" EAST A DISTANCE OF 787.68 FEET TO THE WEST RIGHT-OF- WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE NORTH 00°00'19" WEST ALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 718.95 FEET; THENCE NORTH 89°58'30" WEST A DISTANCE OF 787.48 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 13.00 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 34 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-217 A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN IN CITY OF PASCO, FRANKLIN COUNTY, STATE OF WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 7 BEING A NAIL IN CONCRETE IN CASE AT INTERSECTION OF HARRIS ROAD AND BROADMOOR BOULEVARD; THENCE SOUTH 89°33'30" WEST ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 7 A DISTANCE OF 1,764.25 FEET TO THE EAST BOUNDARY OF LOT 12 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'00" WEST ALONG THE EAST BOUNDARIES OF LOTS 12 AND 14 OF SAID AMENDED RECORD OF SURVEY A DISTANCE OF 1,710.38 FEET TO THE NORTH RIGHT-OF-WAY OF HARRIS ROAD AS SHOWN ON SAID AMENDED RECORD OF SURVEY AND THE TRUE POINT OF BEGINNING THENCE SOUTH 49°21'22" WEST ALONG SAID NORTH RIGHT-OF-WAY A DISTANCE OF 742.36 FEET TO THE EAST RIGHT-OF-WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE NORTH 42°58'57" WEST ALONG SAID EAST RIGHT-OF-WAY A DISTANCE OF 420.80 FEET; THENCE NORTH 00°00'19" WEST A DISTANCE OF 489.67 FEET; THENCE Page 104 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 NORTH 90°00'00" EAST A DISTANCE OF 850.22 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 11.43 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 30 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-214 A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 7 BEING A 2.5 INCH UNITED STATES BUREAU OF RECLAMATION BRASS CAP STAMPED: "S12-S7 1/4 1939"; THENCE NORTH 89°33'30" EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 A DISTANCE OF 1,804.49 FEET TO THE NORTHWEST CORNER OF LOT 15 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'36" WEST ALONG THE WEST BOUNDARY OF SAID LOT 15 A DISTANCE OF 1,967.43 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°59'24" EAST A DISTANCE OF 787.83 FEET TO THE WEST RIGHT-OF-WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE NORTH 00°00'19" WEST ALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 552.99 FEET; THENCE NORTH 89°59'24" WEST A DISTANCE OF 787.68 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 10.00 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 21 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-215 A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 7 BEING A 2.5 INCH UNITED STATES BUREAU OF RECLAMATION BRASS CAP STAMPED: "S12-S7 1/4 1939"; THENCE NORTH 89°33'30" EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 A DISTANCE OF 1,804.49 FEET TO THE NORTHWEST CORNER OF LOT 15 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'36" WEST ALONG THE WEST BOUNDARY OF SAID LOT 15 A DISTANCE OF 2,623.39 FEET TO THE NORTH RIGHT-OF-WAY OF HARRIS ROAD AS SHOWN ON SAID AMENDED RECORD OF SURVEY AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°59'38" EAST ALONG SAID NORTH RIGHT-OF-WAY A DISTANCE OF 306.97 FEET TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE LEFT, HAVING A RADIUS OF 950.00 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 504.37 FEET, WITH A DELTA ANGLE OF 30°25'10", A CHORD BEARING OF NORTH 74°47'47" EAST, AND A CHORD Page 105 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 LENGTH OF 498.47 FEET TO THE WEST RIGHT-OF-WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE NORTH 00°00'19" WEST ALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 525.13 FEET; THENCE NORTH 89°59'24" WEST A DISTANCE OF 787.83 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH: A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 7 BEING A 2.5 INCH IRON PIPE WITH NAIL IN CASE AT CENTERLINE OF HARRIS ROAD; THENCE SOUTH 89°59'38" EAST ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 A DISTANCE OF 2394.98 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°59'38" EAST CONTINUING ALONG SAID SOUTH LINE A DISTANCE OF 161.52 FEET; THENCE NORTH 49°21'22" EAST A DISTANCE OF 311.68 FEET; THENCE SOUTH 57°32'41" WEST A DISTANCE OF 185.16 FEET TO A POINT ON THE ARC OF A NON TANGENT CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF 1,040.00 FEET; THE RADIUS POINT OF WHICH BEARS NORTH 30°28'01" WEST; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 263.75 FEET, WITH A DELTA ANGLE OF 14°31'51", A CHORD BEARING OF SOUTH 66°47'54" WEST, AND A CHORD LENGTH OF 263.05 FEET TO THE TRUE POINT OF BEGINNING. HAVING A TOTAL COMBINED AREA OF 11.65 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 22 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-053 TOWNSHIP 9 RANGE 29 SECTION 07; A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN IN CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 7 OF AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'19" EAST ALONG THE WEST BOUNDARY OF SAID LOT 7 A DISTANCE OF 947.18 FEET; THENCE NORTH 89°57'42" EAST A DISTANCE OF 422.95 FEET TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE LEFT, HAVING A RADIUS OF 300.03 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 28.71 FEET, WITH A DELTA ANGLE OF 05°29'00", A CHORD BEARING OF NORTH 87°13'12" EAST, AND A CHORD LENGTH OF 28.70 FEET; THENCE NORTH 84°28'42" EAST A DISTANCE OF 98.20 FEET; THENCE SOUTH 00°00'33" EAST A DISTANCE OF 714.22 FEET; THENCE NORTH 89°59'41" EAST A DISTANCE OF 342.86 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING NORTH 89°59'41 " EAST A DISTANCE OF 394.36 FEET TO THE EAST BOUNDARY OF SAID LOT 7; THENCE SOUTH 00°00'19" EAST ALONG THE EAST BOUNDARY OF SAID LOT 7 AND CONTINUING ALONG THE EAST BOUNDARY OF LOT 17 OF SAID AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION A DISTANCE OF 490.71 FEET TO THE NORTHERLY RIGHT-OF- WAY OF SANDIFUR PARKWAY DEDICATED PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972746; THENCE ALONG SAID NORTHERLY RIGHT-OF-WAY DEDICATED Page 106 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 PER SAID DEED AND ALONG THE CONTINUATION TO THE WEST THEREOF DEDICATED PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1977008, THE FOLLOWING COURSES: THENCE SOUTH 89°59'41" WEST A DISTANCE OF 40.00 FEET; THENCE SOUTH 00°00'19" EAST A DISTANCE OF 36.09 FEET; THENCE SOUTH 56°58'06" WEST A DISTANCE OF 64.25 FEET; THENCE SOUTH 39°56'58" WEST A DISTANCE OF 300.48 FEET; THENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY NORTH 00°00'19" WEST A DISTANCE OF 562.05 FEET TO THE TRUE POINT OF BEGINNING. (LOT 17 PER RS-1986333) 115-210-058 TOWNSHIP 9 RANGE 29 SECTION 7; A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN IN CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF LOT 7 OF AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'19" EAST ALONG THE WEST BOUNDARY OF SAID LOT 7 A DISTANCE OF 947.18 FEET; THENCE NORTH 89°57'42" EAST A DISTANCE OF 422.95 FEET TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE LEFT, HAVING A RADIUS OF 300.03 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH GP 28.71 FEET, WITH A DELTA ANGLE OF 05°29‘00", A CHORD BEARING OF NORTH 87°13'12" EAST, AND A CHORD LENGTH OF 28.70 FEET; THENCE NORTH 84°28‘42" EAST A DISTANCE OF 98.20 FEET; THENCE SOUTH 00°00'33" EAST A DISTANCE OF 714.22 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89°59'41" EAST A DISTANCE OF 342.86 FEET; THENCE SOUTH 00°00'19" EAST A DISTANCE OF 562.05 FEET TO THE NORTH RIGHT-OF-WAY OF SANDIFUR PARKWAY DEDICATED PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1977008; THENCE SOUTH 89°56'58" WEST ALONG SAID NORTH RIGHT-OF-WAY A DISTANCE OF 255.45 FEET TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF 750.07 FEET; THENCE ALONG SAID CURVE AND CONTINUING ALONG SAID NORTH RIGHT—OF—WAY, HAVING AN ARC LENGTH OF 179.24 FEET, WITH A DELTA ANGLE OF 13°41'31", A CHORD BEARING OF NORTH 83°12'16"WEST, AND A CHORD LENGTH OF 178.82 FEET; THENCE NORTH 09°27'14" EAST A DISTANCE OF 548.54 FEET TO THE TRUE POINT OF BEGINNING. (LOT 36 OF RS-1986333) Page 107 of 409 Resolution – Broadmoor TIF Water DRA - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A DEVELOPER REIMBURSEMENT AGREEMENT FOR THE CONSTRUCTION OF DOMESTIC WATER UTILITY IMPROVEMENTS FOR BROADMOOR TIF UTILITY PACKAGE PROJECT . WHEREAS, RCW 35.91 and Pasco Municipal Code (PMC) Chapter 14.25 establishes a statutory framework that allows developers to enter into Developer Reimbursement Agreements when they fund necessary infrastructure improvements as a condition of development; and WHEREAS, RCW 35.91.020 and PMC Section 14.25.070 further provides that municipalities may exercise the same reimbursement rights as private developers when they construct such improvements at their own expense; and WHEREAS, the City of Pasco has submitted a complete and accurate application for a Developer Reimbursement Agreement; and WHEREAS, PMC Section 14.25.030(4) requires the Public Works Director, within 28 days of receipt of a Developer Reimbursement Agreement application to provide notice to the developer whether the application is complete or needs to be supplemented or amended within 30 days of such notice unless extended within the Public Works Director’s discretion; and WHEREAS, notice of the complete application was provided to the applicant on December 5, 2023; and WHEREAS, the City shall provide notice of its preliminary assessment reimbursement area (those to repay the developer debt) to provide the property owners within the preliminary assessment area the opportunity to request the matter be submitted to a public hearing, within 20 days of date of mailing of the notice, before Council action; and WHEREAS, the City mailed notices of the preliminary assessment and reimbursement to the property owners within the preliminary reimbursement area on October 30, 2024 , and did not receive in writing a request for a hearing before Council; and WHEREAS, utility system improvements include infrastructure projects related to City water, sewer and storm sewer which are required to be constructed as a prerequisite of continued development; and WHEREAS, utility system Developer Reimbursement Agreements requested by developers shall be entered into by the City of Pasco pursuant to PMC Section 14.25.030(3) once the prerequisite of Chapter 14.25 of the PMC have been met; and Page 108 of 409 Resolution – Broadmoor TIF Water DRA - 2 WHEREAS, utility Developer Reimbursement Agreements shall meet the development criteria as detailed in PMC Section 14.25.030(3)(b); and WHEREAS, the City of Pasco agrees to payment of project costs, including legal and administrative costs, as set forth in the Developer Reimbursement Agreement, attached hereto as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the Interim City Manager is authorized to execute the Developer Reimbursement Agreement, a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Be It Further Resolved, that the Interim City Manager be authorized to make minor substantive changes to the Developer Reimbursement Agreement as needed. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 109 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd Avenue Pasco, WA 99301 AGREEMENT# AGRMT2023-043w Additional Parcels and Full Legal Descriptions attached hereto as Exhibit (C) CITY OF PASCO DEVELOPER REIMBURSEMENT AGREEMENT RCW 35.91 - Broadmoor TIF-Utility Package Project THIS AGREEMENT, made and entered into this day of___________, 2025, by and between the City of Pasco, a Municipal Corporation of the State of Washington, hereinafter referred to as “City”, and the property owners listed on Exhibit (A) hereinafter called “Owner”; and WHEREAS, RCW Chapter 35.91 gives cities the authority to finance the construction of Utility infrastructure, to assess benefited properties for pro rata share of construction costs, and to collect reimbursements from property owners who connect to the system within twenty (20) years; and WHEREAS, RCW Chapter 35.91 and PMC 14.25.070 authorize the City to partner with interested parties in financing development of Utility facilities, and to receive developer reimbursements for City expenditures on same; and WHEREAS, the City has, by Resolution_______ adopted by City Council on the _______ day of ______________, 2025, approved the reimbursement agreement for the construction of the Broadmoor TIF-Utility Package Project by the City to a certain tract of land and established a preliminary assessment reimbursement area and preliminary pro rata share of costs; NOW, THEREFORE, it is agreed as follows: 1. The City constructed, at their expense, the Broadmoor TIF-Utility Project as per construction plans signed and approved by the Public Works Director, or his/her designee. The Broadmoor TIF-Utility Project will: Page 110 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 This project begins at the southeast corner of parcel 115-210-041 where it intercepts the extension of the existing 24-inch water trunk line, thence heads north 864-feet to the future Sandifur Parkway right-of-way. From there the water main is extended east 1,200-feet to the intersection of Sandifur Parkway and Broadmoor Boulevard and west 1,500 feet to the intersection of Sandifur Parkway and Road 108. From that intersection the water main is extended south 2,900-feet where it dead-ends within the Harris Road and Road 108 to be connected in the future with a main line installed for the same pressure zone. The project also includes the installation of Nineteen (19) fire hydrants, a 12-inch pressure reducing valve and tee extensions with blow-offs for future main extensions throughout the Broadmoor Area. The water main sizes being installed with this project are 12-inch within the Road 108 section and 12-inch and 24- inch within the Sandifur Parkway section. The benefitting parcels are being assessed the value of the 12-inch water main size as this was determined to be required to serve the Broadmoor Area. The facilities subject to this Agreement are included within the City's comprehensive utility plan for the properties in Exhibit (B), and no additional comprehensive plan approval for the utility system improvements was required. The facility was constructed in accordance with the City Standard Specifications and Drawings in effect governing the construction and specifications for facilities of such type, and subject to the approval of the Public Works Director, or his/her designee. The City has determined a final “Assessment Area” showing the benefiting parcels to be served by the facility, which is determined at the sole discretion of the City, and which are identified and legally described in Exhibit (C) 2. It is the intent of this Developer Reimbursement Agreements associated with utility system improvements shall be valid for a period not to exceed twenty (20) years from the effective date of the agreement. While a developer agreement is valid, any person, firm or corporation now or hereafter owning benefitted properties described below, or segregated parcels thereof, desiring to connect to the described facilities, shall first pay their pro-rata share of the total cost of the facilities (“Total Assessment”). For this project, the Total Assessment is shown in Exhibit(A). The individual Assessment associated with each parcel of benefited property described in this Agreement shall be charged to the property owner as shown in Exhibit (A). 3. With the completion of construction of the facility and its acceptance by the Public Works Director, or his/her designee, and Council’s adoption of this Developer Reimbursement Agreement, the City shall record latecomer assessments against all benefiting properties in the assessment reimbursement area (“Latecomer Fees”), and the facility will become a part of the municipal system of the City. Maintenance and operation costs of the said facilities Page 111 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 will be borne by the City, except for work and corrections covered by the contractor’s one- year warranty bond. 4. It is the intent of this Developer Reimbursement Agreement that with the completion of construction and Council adoption of this Developer Reimbursement Agreement, no person, firm or corporation owning property within the assessment reimbursement area shall be granted a permit or be authorized by City to connect to or use the referenced facilities during the period of time prescribed in Paragraph 2 above without first paying to City, in addition to any and all other costs, assessments and charges made and assessed for such tap or use, the amount required by the provisions of this contract. All amounts so received by the City shall be used to reimburse the Water/Sewer Utility Fund for the capital improvement. After the expiration of the time prescribed in Paragraph 2 of the agreement, City standard fees in effect at the time, will apply. 5. It is the intent of this Developer Reimbursement Agreement that following passage of the Developer Reimbursement Agreement by City Council, whenever any connection is made onto the facility described in Paragraph 1 under the contract without such payment having first been made in accordance with Exhibit (A), the City may remove or cause to be removed, such unauthorized connection and all connected lines or pipe located in the facility right-of-way, and dispose of such material removed without any liability whatsoever. 6. It is the intent of this Developer Reimbursement Agreement that following passage of this Developer Reimbursement Agreement by City Council, and upon recording said Developer Reimbursement Agreement with the appropriate county auditor's office within thirty (30) days of its final execution, the terms of said Agreement shall run with the land contained within the assessment reimbursement area and bind subsequent owners of the properties affected IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written. Page 112 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 CITY OF PASCO, WASHINGTON Dave Zabell, Interim City Manager ATTEST: Debra C. Barham, City Clerk APPROVED AS TO FORM: Kerr Ferguson Law, PLLC, City Attorney STATE OF WASHINGTON ) : ss COUNTY OF FRANKLIN ) On this day personally appeared before me DAVE ZABELL, Interim City Manager of the City of Pasco, Washington, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ___ day of ______________, 2025. ________________________________________ Notary Public in and for the State of Washington Print Name: _____________________________ Residing at _______________________________ My Commission Expires: ___________________ Page 113 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 EXHIBIT A W A T E R PE R M I T # P a r c e l F r o n t a g e [ F T ] Al l o c a t i o n o f Co s t [ % ] = [( I n d i v i d u a l Pa r c e l Fr o n t a g e [F T ] ) / ( T o t a l Pa r c e l Fr o n t a g e [F T ] ) ] A l l o c a t i o n o f C o s t [ $ ] = ( A l l o c a t i o n o f C o s t [% ] ) * ( T o t a l E s t i m a t e ) 11 5 - 2 1 0 - 0 3 4 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 86 3 6. 4 8 % 98 , 7 9 1 . 8 0 $ 11 5 - 2 1 0 - 0 3 5 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 86 0 6. 4 5 % 98 , 4 4 8 . 3 8 $ 11 5 - 2 1 0 - 0 3 6 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 90 2 6. 7 7 % 10 3 , 2 5 6 . 3 2 $ 11 5 - 2 1 0 - 0 4 0 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 19 7 8 14 . 8 4 % 22 6 , 4 3 1 . 2 6 $ 11 5 - 2 1 0 - 0 4 1 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 14 9 0 11 . 1 8 % 17 0 , 5 6 7 . 5 3 $ 11 5 - 2 1 0 - 2 1 1 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 70 1 5. 2 6 % 80 , 2 4 6 . 8 7 $ 11 5 - 2 1 0 - 2 1 2 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 82 1 6. 1 6 % 93 , 9 8 3 . 8 6 $ 11 5 - 2 1 0 - 2 1 8 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 73 6 5. 5 2 % 84 , 2 5 3 . 4 9 $ 11 5 - 2 1 0 - 2 1 3 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 44 8 3. 3 6 % 51 , 2 8 4 . 7 4 $ 11 5 - 2 1 0 - 2 1 6 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 73 6 5. 5 2 % 84 , 2 5 3 . 4 9 $ 11 5 - 2 1 0 - 2 1 9 PA S C O P U B L I C F A C I L I T I E S D I S T R I C T BE N E F I T T I N G P A R C E L 95 1 7. 1 4 % 10 8 , 8 6 5 . 5 9 $ 11 5 - 2 1 0 - 2 1 7 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 13 3 0 9. 9 8 % 15 2 , 2 5 1 . 5 6 $ 11 5 - 2 1 0 - 2 1 4 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 72 7 5. 4 6 % 83 , 2 2 3 . 2 2 $ 11 5 - 2 1 0 - 2 1 5 BR O A D M O O R P R O P E R T I E S L L C BE N E F I T T I N G P A R C E L 78 3 5. 8 8 % 89 , 6 3 3 . 8 1 $ TO T A L S : 13 3 2 6 10 0 . 0 0 % 1, 5 2 5 , 4 9 1 . 9 2 $ 1, 5 2 5 , 4 9 1 . 9 2 $ AG M N T 2 0 2 3 - 0 4 3 w Im p r o v e m e n t To t a l F r o n t a g e 13 3 2 6 To t a l C o s t o f I m p r o v e m e n t $1 , 5 2 5 , 4 9 1 . 9 2 Be n e f i t A r e a Pa r c e l # , O w n e r LA T E C O M E R A M O U N T : BR O A D M O O R W A T E R U T I L I T Y Page 114 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 EXHIBIT B Page 115 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 EXHIBIT C WATER BENNEFITTING PARCELS 115-210-034 TOWNSHIP 9 RANGE 29 SECTION 7; LOT 4 OF RECORD SURVEY #1956316 EXCEPT PORTION DEEDED FOR ROAD RW-1972746 115-210-035 TOWNSHIP 9 RANGE 29 SECTION 07; LOT 5 OF RECORD SURVEY #1956316 EXCEPT PORTION DEEDED FOR ROAD RW-1972746 115-210-036 TOWNSHIP 9 RANGE 29 SECTION 07; LOT 6 OF RECORD SURVEY #1956316 EXCEPT PORTION DEEDED FOR ROAD RW-1972746 115-210-040 TOWNSHIP 9 RANGE 29 SECTION 07; LOT 10 OF RECORD SURVEY #1956316 EXCEPT PORTION DEEDED FOR ROAD RW-1972746 115-210-041 TOWNSHIP 9 RANGE 29 SECTION 07; LOT 11 OF RECORD SURVEY #1956316 EXCEPT PORTION DEEDED FOR ROAD RW-1972746 115-210-211 A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER AND THE NORTHWEST OF THE SOUTHEAST OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN IN CITY OF PASCO, FRANKLIN COUNTY, STATE OF WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: LOT 12 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316. EXCEPT: THE SOUTH 212.64 FEET OF SAID LOT 12 EXCEPT: THE PORTIONS OF SAID LOT 12 DEDICATED FOR ROAD RIGHTS-OF-WAY PER DEEDS RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBERS 1972746 AND 1972747. HAVING AN AREA OF 11.10 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 12 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-212 A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER Page 116 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 CORNER OF SAID SECTION 7 BEING A 2.5 INCH UNITED STATES BUREAU OF RECLAMATION BRASS CAP STAMPED: "S12-S7 1/4 1939"; THENCE NORTH 89°33'30" EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 A DISTANCE OF 1,804.49 FEET TO THE SOUTHWEST CORNER OF LOT 18 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316 AND THE TRUE POINT OF BEGINNING; THENCE NORTH 00°00'36" EAST ALONG THE WEST BOUNDARY OF SAID LOT 18 A DISTANCE OF 365.74 FEET TO THE SOUTH RIGHT-OF-WAY OF SANDIFUR PARKWAY DEDICATED PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1977008 BEING A POINT ON THE ARC OF A NON TANGENT CURVE TURNING TO THE LEFT, HAVING A RADIUS OF 850.08 FEET; THE RADIUS POINT OF WHICH BEARS NORTH 12°41'19" EAST; THENCE ALONG SAID CURVE AND SAID SOUTH RIGHT- OF-WAY, HAVING AN ARC LENGTH OF 189.01 FEET, WITH A DELTA ANGLE OF 12°44'21", A CHORD BEARING OF SOUTH 83°40'51" EAST, AND A CHORD LENGTH OF 188.62 FEET; THENCE NORTH 89°56'58" EAST A DISTANCE OF 572.20 FEET TO THE WEST RIGHT-OF-WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE SOUTH 16°47'26" EAST ALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 95.32 FEET; THENCE SOUTH 00°00'19" EAST A DISTANCE OF 550.96 FEET; THENCE SOUTH 89°33'30" WEST A DISTANCE OF 399.59 FEET TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF 510.05 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 148.81 FEET, WITH A DELTA ANGLE OF 16°42'58", A CHORD BEARING OF NORTH 82°05'01" WEST, AND A CHORD LENGTH OF 148.28 FEET; THENCE SOUTH 00°00'36" WEST A DISTANCE OF 415.98 FEET; THENCE NORTH 89°58'30" WEST A DISTANCE OF 240.92 FEET TO THE WEST BOUNDARY OF LOT 15 OF SAID AMENDED RECORD OF SURVEY; THENCE NORTH 00°00'36" EAST ALONG SAID WEST BOUNDARY A DISTANCE OF 695.27 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 13.81 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 19 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-218 A PARCEL OF LAND LOCATED IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN IN CITY OF PASCO, FRANKLIN COUNTY, STATE OF WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: THE SOUTH 212.64 FEET OF LOT 12 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316 AND THE NORTH 362.36 FEET OF LOT 14 OF SAID AMENDED RECORD OF SURVEY. EXCEPT: THE PORTION OF SAID LOT 14 DEDICATED FOR ROAD RIGHT-OF- WAY PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747. HAVING AN AREA OF 11.23 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 32 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) Page 117 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 115-210-213 A PARCEL OF LAND LOCATED IN THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 7 BEING A 2.5 INCH UNITED STATES BUREAU OF RECLAMATION BRASS CAP STAMPED: "S12-S7 1/4 1939"; THENCE NORTH 89°33'30" EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 A DISTANCE OF 1,804.49 FEET TO THE NORTHWEST CORNER OF LOT 15 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'36" WEST ALONG THE WEST BOUNDARY OF SAID LOT 15 A DISTANCE OF 695.27 FEET; THENCE SOUTH 89°58'30" EAST A DISTANCE OF 240.92 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°58'30" EAST A DISTANCE OF 546.56 FEET TO THE WEST RIGHT-OF-WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE NORTH 00°00'19" WEST ALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 398.88 FEET; THENCE SOUTH 89°33'30" WEST A DISTANCE OF 399.59 FEET TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF 510.05 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 148.81 FEET, WITH A DELTA ANGLE OF 16°42'58", A CHORD BEARING OF NORTH 82°05'01" WEST, AND A CHORD LENGTH OF 148.28 FEET; THENCE SOUTH 00°00'36" WEST A DISTANCE OF 415.98 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 5.00 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 20 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-216 A PARCEL OF LAND LOCATED IN THE WEST HALF OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN IN CITY OF PASCO, FRANKLIN COUNTY, STATE OF WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 7 BEING A NAIL IN CONCRETE IN CASE AT INTERSECTION OF HARRIS ROAD AND BROADMOOR BOULEVARD; THENCE SOUTH 89°33'30" WEST ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 7 A DISTANCE OF 1,764.25 FEET TO THE EAST BOUNDARY OF LOT 12 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'00" WEST ALONG THE EAST BOUNDARIES OF LOTS 12 AND 14 OF SAID AMENDED RECORD OF SURVEY A DISTANCE OF 1,396.42 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 90°00'00" WEST A DISTANCE OF 850.22 FEET TO THE EAST RIGHT-OF-WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE NORTH 00°00'19" WEST ALONG SAID EAST RIGHT-OF-WAY A DISTANCE OF 575.05 FEET; THENCE NORTH 90°00'00" EAST A DISTANCE OF 850.27 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 11.22 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 29 OF PLAT EXEMPTION SEGREGATION Page 118 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-219 A PARCEL OF LAND LOCATED IN THE EAST HALF OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 7 BEING A 2.5 INCH UNITED STATES BUREAU OF RECLAMATION BRASS CAP STAMPED: "S12-S7 1/4 1939"; THENCE NORTH 89°33'30" EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 A DISTANCE OF A DISTANCE OF 1,804.49 FEET TO THE NORTHWEST CORNER OF LOT 15 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'36" WEST ALONG THE WEST BOUNDARY OF SAID LOT 15 A DISTANCE OF 1,414.43 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°59'24" EAST A DISTANCE OF 787.68 FEET TO THE WEST RIGHT-OF- WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE NORTH 00°00'19" WEST ALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 718.95 FEET; THENCE NORTH 89°58'30" WEST A DISTANCE OF 787.48 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 13.00 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 34 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-217 A PARCEL OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN IN CITY OF PASCO, FRANKLIN COUNTY, STATE OF WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE EAST QUARTER CORNER OF SAID SECTION 7 BEING A NAIL IN CONCRETE IN CASE AT INTERSECTION OF HARRIS ROAD AND BROADMOOR BOULEVARD; THENCE SOUTH 89°33'30" WEST ALONG THE NORTH LINE OF THE SOUTHEAST QUARTER OF SAID SECTION 7 A DISTANCE OF 1,764.25 FEET TO THE EAST BOUNDARY OF LOT 12 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'00" WEST ALONG THE EAST BOUNDARIES OF LOTS 12 AND 14 OF SAID AMENDED RECORD OF SURVEY A DISTANCE OF 1,710.38 FEET TO THE NORTH RIGHT-OF-WAY OF HARRIS ROAD AS SHOWN ON SAID AMENDED RECORD OF SURVEY AND THE TRUE POINT OF BEGINNING THENCE SOUTH 49°21'22" WEST ALONG SAID NORTH RIGHT-OF-WAY A DISTANCE OF 742.36 FEET TO THE EAST RIGHT-OF-WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE NORTH 42°58'57" WEST ALONG SAID EAST RIGHT-OF-WAY A DISTANCE OF 420.80 FEET; THENCE NORTH 00°00'19" WEST A DISTANCE OF 489.67 FEET; THENCE NORTH 90°00'00" EAST A DISTANCE OF 850.22 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 11.43 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 30 OF PLAT EXEMPTION Page 119 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-214 A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 7 BEING A 2.5 INCH UNITED STATES BUREAU OF RECLAMATION BRASS CAP STAMPED: "S12-S7 1/4 1939"; THENCE NORTH 89°33'30" EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 A DISTANCE OF 1,804.49 FEET TO THE NORTHWEST CORNER OF LOT 15 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'36" WEST ALONG THE WEST BOUNDARY OF SAID LOT 15 A DISTANCE OF 1,967.43 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°59'24" EAST A DISTANCE OF 787.83 FEET TO THE WEST RIGHT-OF-WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE NORTH 00°00'19" WEST ALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 552.99 FEET; THENCE NORTH 89°59'24" WEST A DISTANCE OF 787.68 FEET TO THE TRUE POINT OF BEGINNING. HAVING AN AREA OF 10.00 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 21 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) 115-210-215 A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE WEST QUARTER CORNER OF SAID SECTION 7 BEING A 2.5 INCH UNITED STATES BUREAU OF RECLAMATION BRASS CAP STAMPED: "S12-S7 1/4 1939"; THENCE NORTH 89°33'30" EAST ALONG THE NORTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 A DISTANCE OF 1,804.49 FEET TO THE NORTHWEST CORNER OF LOT 15 OF THE AMENDED RECORD OF SURVEY FOR EXEMPT PARCEL SEGREGATION FILED IN VOLUME 4 OF SURVEYS AT PAGES 267-271 UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1956316; THENCE SOUTH 00°00'36" WEST ALONG THE WEST BOUNDARY OF SAID LOT 15 A DISTANCE OF 2,623.39 FEET TO THE NORTH RIGHT-OF-WAY OF HARRIS ROAD AS SHOWN ON SAID AMENDED RECORD OF SURVEY AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°59'38" EAST ALONG SAID NORTH RIGHT-OF-WAY A DISTANCE OF 306.97 FEET TO A POINT OF CURVATURE WITH A TANGENT CURVE TURNING TO THE LEFT, HAVING A RADIUS OF 950.00 FEET; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 504.37 FEET, WITH A DELTA ANGLE OF 30°25'10", A CHORD BEARING OF NORTH 74°47'47" EAST, AND A CHORD LENGTH OF 498.47 FEET TO THE WEST RIGHT-OF-WAY OF ROAD 108 PER DEED RECORDED UNDER FRANKLIN COUNTY AUDITOR'S FILE NUMBER 1972747; THENCE NORTH 00°00'19" WEST ALONG SAID WEST RIGHT-OF-WAY A DISTANCE OF 525.13 FEET; THENCE NORTH 89°59'24" WEST A DISTANCE OF 787.83 FEET TO THE TRUE POINT OF BEGINNING. TOGETHER WITH: A PARCEL OF LAND LOCATED IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE Page 120 of 409 Broadmoor TIF-Utility Project Developer Services Agreement Version 11.05.2024 SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERIDIAN, CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON, PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 7 BEING A 2.5 INCH IRON PIPE WITH NAIL IN CASE AT CENTERLINE OF HARRIS ROAD; THENCE SOUTH 89°59'38" EAST ALONG THE SOUTH LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 7 A DISTANCE OF 2394.98 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 89°59'38" EAST CONTINUING ALONG SAID SOUTH LINE A DISTANCE OF 161.52 FEET; THENCE NORTH 49°21'22" EAST A DISTANCE OF 311.68 FEET; THENCE SOUTH 57°32'41" WEST A DISTANCE OF 185.16 FEET TO A POINT ON THE ARC OF A NON TANGENT CURVE TURNING TO THE RIGHT, HAVING A RADIUS OF 1,040.00 FEET; THE RADIUS POINT OF WHICH BEARS NORTH 30°28'01" WEST; THENCE ALONG SAID CURVE, HAVING AN ARC LENGTH OF 263.75 FEET, WITH A DELTA ANGLE OF 14°31'51", A CHORD BEARING OF SOUTH 66°47'54" WEST, AND A CHORD LENGTH OF 263.05 FEET TO THE TRUE POINT OF BEGINNING. HAVING A TOTAL COMBINED AREA OF 11.65 ACRES, MORE OR LESS. SUBJECT TO COVENANTS, CONDITIONS, EASEMENTS AND RESTRICTIONS OF RECORD. (ALSO KNOWN AS NEW LOT 22 OF PLAT EXEMPTION SEGREGATION SURVEY FILED IN VOLUME 4 OF SURVEYS AT PAGES 580 THROUGH 582, UNDER FRANKLIN COUNTY AUDITOR’S FILE NUMBER 1989509) Page 121 of 409 AGENDA REPORT FOR: City Council June 10, 2025 TO: Dave Zabell, Interim City Manager City Council Regular Meeting: 6/16/25 FROM: Brian Cartwright, Division Manager Community & Economic Development SUBJECT: Developer (2) Two Approving - 4615 & 4614 Nos. Resolution Reimbursement Agreements for the Utility Improvements Associated with the “A” Street Sports Complex Project I. ATTACHMENT(S): Presentation Resolutions Exhibit-Development Reimbursement Agreements II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 1st MOTION: I move to approve Resolution 4614, authorizing the Interim City Manager the Agreement Reimbursement for a execute to Developer construction of sanitary sewer utility improvements for the "A" Street Sports Complex Project. 2nd MOTION: I move to approve Resolution 4615, authorizing the Interim City Manager to execute a Developer Reimbursement Agreement for the construction of domestic water utility improvements for the "A" Street Sports Complex Project. . III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: As a condition of development for Parcel #112-462-024, the City of Pasco, acting in the capacity of developer, was required to construct utility improvements that would also benefit adjacent properties. To recover the proportionate share of costs associated with this benefit, the City submitted Latecomer’s applications for two separate utility systems: water and sewer. Page 122 of 409 As part of the “A” Street Sports Complex Project, the City installed approximately 462 linear feet of 12-inch water main and 660 linear feet of 8- inch sewer main within the South Elm Street right-of-way. These improvements fulfilled the City’s “to and through” utility extension requirements for the Sports Complex and also extended service to three neighboring parcels, two on the west side of South Elm Street and one on the east. Construction of the improvements has been completed and formally accepted by the City. The final construction costs were submitted by the City (as Developer), reviewed by City staff (as Administrator), and found to be accurate and consistent with the completed work. V. DISCUSSION: RCW 35.91 authorizes municipalities to enter into reimbursement contracts with property owners who construct water or sewer facilities at their own expense. This law allows developers to recover a proportionate share of costs from other property owners who later benefit from the infrastructure. Under RCW 35.91.020, municipalities may also exercise these reimbursement rights when acting as developers themselves. Pasco Municipal Code (PMC) Chapter 14.25 codifies this authority and outlines the procedures for establishing developer reimbursement (latecomer) private by initiated typically agreements. agreements these While are developers, PMC 14.25.070 explicitly authorizes the City to do the same when utility improvements are constructed to support future development. In this case, the City initiated latecomer agreements for utility improvements completed the While Project. Complex Sports the “A” of part as Street infrastructure serves City-owned property, it also benefits nearby privately owned parcels. The benefit area and cost allocations have been evaluated and verified in accordance with all applicable statutory and code requirements. All noticing and procedural steps required under RCW 35.91 and PMC 14.25 have been satisfied. Staff discussed these Developer Reimbursement Agreements with Council on their June 9, 2025, Workshop Meeting. Staff recommends that City Council approve the final Developer Reimbursement Agreements for the water and sewer improvements associated with the “A” Street Sports Complex Project. Upon approval, the agreements will be executed by the City Manager in accordance with PMC Chapter 14.25. Page 123 of 409 June 9, 2025 Pasco City Council Workshop Pa g e 1 2 4 o f 4 0 9 City Initiated Developer Reimbursement Agreement –“A” Street Sports Complex June 9, 2025 Pasco City Council Pa g e 1 2 5 o f 4 0 9 “A” Street Sports Complex 3 •The City built water and sewer along South Elm Street •Supports development of City owned property as well as 3 privately owned parcels. •Utilities built: •Water ≈ 460 feet of pipe, 1 fire hydrant •Sewer ≈ 660 feet of pipe, 2 manholes Pa g e 1 2 6 o f 4 0 9 4 “A” Street Sports Complex Pa g e 1 2 7 o f 4 0 9 Summary and Next Steps 5 Pa g e 1 2 8 o f 4 0 9 Summary and Next Steps 6 • The City invested in infrastructure to support future growth. • Reimbursement Agreements allow the City to recover part of the costs from benefitting property owners. • Developer Reimbursement Agreements are executed by the City Manager. • Staff recommends approval of the Resolutions authorizing the City Manager to execute 2 Developer Reimbursement Agreements Pa g e 1 2 9 o f 4 0 9 Questions?Pa g e 1 3 0 o f 4 0 9 Resolution - A Street Sports Complex – Sewer DRA - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A DEVELOPER REIMBURSEMENT AGREEMENT FOR THE CONSTRUCTION OF SANITARY SEWER UTILITY IMPROVEMENTS FOR “A” STREET SPORTS COMPLEX PROJECT. WHEREAS, RCW 35.91 and Pasco Municipal Code (PMC) Chapter 14.25 establishes a statutory framework that allows developers to enter into Developer Reimbursement Agreements when they fund necessary infrastructure improvements as a condition of development; and WHEREAS, RCW 35.91.020 and PMC Section 14.25.070 further provides that municipalities may exercise the same reimbursement rights as private developers when they construct such improvements at their own expense; and WHEREAS, the City of Pasco has submitted a complete and accurate application for a Developer Reimbursement Agreement; and WHEREAS, PMC Section 14.25.030(4) requires the Public Works Director, within 28 days of receipt of a Developer Reimbursement Agreement application to provide notice to the developer whether the application is complete or needs to be supplemented or amended within 30 days of such notice unless extended within the Public Works Director’s discretion; and WHEREAS, notice of the complete application was provided to the applicant on February 21, 2024; and WHEREAS, the City shall provide notice of its preliminary assessment reimbursement area (those to repay the developer debt) to provide the property owners within the preliminary assessment area the opportunity to request the matter be submitted to a public hearing, within 20 days of date of mailing of the notice, before Council action; and WHEREAS, the City mailed notices of the preliminary assessment and reimbursement to the property owners within the preliminary reimbursement area on March 6, 2024, and did not receive in writing a request for a hearing before Council; and WHEREAS, utility system improvements include infrastructure projects related to City water, irrigation, sewer and storm sewer which are required to be constructed as a prerequisite of continued development; and. WHEREAS, utility system Developer Reimbursement Agreements requested by developers shall be entered into by the City of Pasco pursuant to PMC Section 14.25.030(3) once the prerequisite of Chapter 14.25 have been met; and Page 131 of 409 Resolution - A Street Sports Complex – Sewer DRA - 2 WHEREAS, utility Developer Reimbursement Agreements shall meet the development criteria as detailed in PMC Section14.25.030(3)(b); and WHEREAS, the City of Pasco agrees to payment of project costs, including legal and administrative costs, as set forth in the Developer Reimbursement Agreement, attached as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the Interim City Manager is authorized to execute the Developer Reimbursement Agreement, a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Be It Further Resolved, that the Interim City Manager be authorized to make minor substantive changes to the Agreement as needed. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 132 of 409 A Street Sports Complex Developer Services Agreement FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd Avenue Pasco, WA 99301 AGREEMENT# AGRMT2023-040s Additional Parcels and Full Legal Descriptions attached hereto as Exhibit (C) CITY OF PASCO DEVELOPER REIMBURSEMENT AGREEMENT RCW 35.91 – A STREET SPORTS COMPLEX THIS AGREEMENT, made and entered into this day of___________, 2025, by and between the City of Pasco, a Municipal Corporation of the State of Washington, hereinafter referred to as “City”, and the property owners listed on Exhibit (A) hereinafter called “Owner”; and WHEREAS, RCW Chapter 35.91 gives cities the authority to finance the construction of Utility infrastructure, to assess benefited properties for pro rata share of construction costs, and to collect reimbursements from property owners who connect to the system within twenty (20) years; and WHEREAS, RCW Chapter 35.91 and PMC 14.25.070 authorize the City to partner with interested parties in financing development of Utility facilities, and to receive developer reimbursements for City expenditures on same; and WHEREAS, the City has, by Resolution_______ adopted by City Council on the _______ day of ______________, 2025, approved the reimbursement agreement for the construction of the A Street Sports Complex Project by the City to a certain tract of land and established a preliminary assessment reimbursement area and preliminary pro rata share of costs; NOW, THEREFORE, it is agreed as follows: 1. The City constructed, at their expense, the A Street Sports Complex Project as per construction plans signed and approved by the Public Works Director, or his/her designee. The A Street Sports Complex Project will: Page 133 of 409 A Street Sports Complex Developer Services Agreement The installation of 660-linear feet of 8-inch Polyvinyl Chloride (PVC) sewer main within the S. Elm Avenue right-of-way. The installation began at the north side of the intersection of S. Elm Avenue and E. A Street and headed south 660 feet just past the southern property boundary of Parcel 112-162-024 The facilities subject to this Agreement are included within the City's comprehensive utility plan for the properties in Exhibit (B), and no additional comprehensive plan approval for the utility system improvements was required. The facility was constructed in accordance with the City Standard Specifications and Drawings in effect governing the construction and specifications for facilities of such type, and subject to the approval of the Public Works Director, or his/her designee. The City has determined a final “Assessment Area” showing the benefiting parcels to be served by the facility, which is determined at the sole discretion of the City, and which are identified and legally described in Exhibit (C) 2. It is the intent of this Developer Reimbursement Agreements associated with utility system improvements shall be valid for a period not to exceed twenty (20) years from the effective date of the agreement. While a developer agreement is valid, any person, firm or corporation now or hereafter owning benefitted properties described below, or segregated parcels thereof, desiring to connect to the described facilities, shall first pay their pro-rata share of the total cost of the facilities (“Total Assessment”). For this project, the Total Assessment is shown in Exhibit (A). The individual Assessment associated with each parcel of benefited property described in this Agreement shall be charged to the property owner as shown in Exhibit (A). 3. With the completion of construction of the facility and its acceptance by the Public Works Director, or his/her designee, and Council’s adoption of this Developer Reimbursement Agreement, the City shall record latecomer assessments against all benefiting properties in the assessment reimbursement area (“Latecomer Fees”), and the facility will become a part of the municipal system of the City. Maintenance and operation costs of the said facilities will be borne by the City, except for work and corrections covered by the contractor’s one- year warranty bond. 4. It is the intent of this Developer Reimbursement Agreement that with the completion of construction and Council adoption of this Developer Reimbursement Agreement, no person, firm or corporation owning property within the assessment reimbursement area shall be granted a permit or be authorized by City to connect to or use the referenced facilities during the period of time prescribed in Paragraph 2 above without first paying to City, in addition to any and all other costs, assessments and charges made and assessed for such tap or use, the amount required by the provisions of this contract. All amounts so received by the City shall be used to reimburse the REET Fund for the capital improvement. After the expiration of the time prescribed in Paragraph 2 of the agreement, City standard fees in effect at the time, will apply. Page 134 of 409 A Street Sports Complex Developer Services Agreement 5. It is the intent of this Developer Reimbursement Agreement that following passage of the Developer Reimbursement Agreement by City Council, whenever any connection is made onto the facility described in Paragraph 1 under the contract without such payment having first been made in accordance with Exhibit (A), the City may remove or cause to be removed, such unauthorized connection and all connected lines or pipe located in the facility right-of-way, and dispose of such material removed without any liability whatsoever. 6. It is the intent of this Developer Reimbursement Agreement that following passage of this Developer Reimbursement Agreement by City Council, and upon recording said Developer Reimbursement Agreement with the appropriate county auditor's office within thirty (30) days of its final execution, the terms of said Agreement shall run with the land contained within the assessment reimbursement area and bind subsequent owners of the properties affected IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written. CITY OF PASCO, WASHINGTON Dave Zabell, Interim City Manager ATTEST: Debra C. Barham, City Clerk Page 135 of 409 A Street Sports Complex Developer Services Agreement APPROVED AS TO FORM: Kerr Ferguson Law, PLLC - City Attorney STATE OF WASHINGTON ) : ss COUNTY OF FRANKLIN ) On this day personally appeared before me DAVE ZABELL, Interim City Manager of the City of Pasco, Washington, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ___ day of ______________, 2025. ________________________________________ Notary Public in and for the State of Washington Print Name: _____________________________ Residing at _______________________________ My Commission Expires: ___________________ Page 136 of 409 A Street Sports Complex Developer Services Agreement 8" S e w e r P a r c e l F r o n t a g e [ F T ] Al l o c a t i o n o f Co s t [ % ] = [( I n d i v i d ua l Pa r c e l Fr o n t a g e [F T ] ) / ( T o ta l Pa r c e l Fr o n t a g e [ F T ] ) ] Al l o c a t i o n o f C o s t [ $ ] = ( A l l o c a t i o n o f C o s t [% ] ) * ( T o t a l E s t i m a t e ) 11 2 - 4 6 2 - 0 2 4 CI T Y O F P A S C O 45 8 . 0 0 $ 52 . 6 % 18 , 4 2 5 . 2 9 $ 11 2 - 4 8 0 - 0 1 7 SN A K E R I V E R A G R I C U L T U R E L L C 30 0 . 0 0 $ 34 . 5 % 12 , 0 6 8 . 9 7 $ 11 2 - 4 6 2 - 0 6 9 CI T Y O F P A S C O 11 2 . 0 0 $ 12 . 9 % 4, 5 0 5 . 7 5 $ TO T A L S : 87 0 . 0 0 10 0 . 0 0 % 35 , 0 0 0 . 0 0 $ 35 , 0 0 0 . 0 0 $ Pa r c e l # , O w n e r LA T E C O M E R A M O U N T : To t a l E s t i m a t e d C o s t o f I m p r o v e m e n t $3 5 , 0 0 0 . 0 0 Be n e f i t A r e a To t a l F r o n t a g e 87 0 A S T R E E T S P O R T S S E W E R U T I L I T Y EXHIBIT A AG R M T 2 0 2 3 - 0 4 0 s Im p r o v e m e n t Page 137 of 409 A Street Sports Complex Developer Services Agreement EXHIBIT B Page 138 of 409 A Street Sports Complex Developer Services Agreement EXHIBIT C BENEFITTING PARCELS 112-462-024 ALL BLOCKS 1 & 2, ELLIOTT'S ADDITION TOGETHER WITH ALL BLOCKS 1, 2, 3 & 4 WILLETTAS ADDITION INCLUDING ALL VACATED STREETS AND ALLEYS 112-480-017 BINDING SITE PLAN 2023-02 LOT 3 112-462-069 WILLETTA'S ADD BLOCKS 7 & 8 Page 139 of 409 Resolution – A Street Sports Complex – Water DRA - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE A DEVELOPER REIMBURSEMENT AGREEMENT FOR THE CONSTRUCTION OF DOMESTIC WATER UTILITY IMPROVEMENTS FOR “A” STREET SPORTS COMPLEX PROJECT. WHEREAS, RCW 35.91 and Pasco Municipal Code (PMC) Chapter 14.25 establishes a statutory framework that allows developers to enter into Developer Reimbursement Agreements when they fund necessary infrastructure improvements as a condition of development; and WHEREAS, RCW 35.91.020 and PMC 14.25.070 further provides that municipalities may exercise the same reimbursement rights as private developers when they construct such improvements at their own expense; and WHEREAS, the City of Pasco has submitted a complete and accurate application for a Developer Reimbursement Agreement; and WHEREAS, PMC Section 14.25.030(4) requires the Public Works Director, within 28 days of receipt of a Developer Reimbursement Agreement application to provide notice to the developer whether the application is complete or needs to be supplemented or amended within 30 days of such notice unless extended within the Public Works Director discretion; and WHEREAS, notice of complete application was provided to the applicant on February 21, 2024; and WHEREAS, the City shall provide notice of its preliminary assessment reimbursement area (those to repay the developer debt) to provide the property owners within the preliminary assessment area the opportunity to request the matter be submitted to a public hearing, within 20 days of date of mailing of the notice, before Council action; and WHEREAS, the City mailed notices of the preliminary assessment and reimbursement to the property owners within the preliminary reimbursement area on March 6, 2024 and did not receive in writing a request for a hearing before council; and WHEREAS, utility system improvements include infrastructure projects related to City water, irrigation, sewer and storm sewer which are required to be constructed as a prerequisite of continued development; and. WHEREAS, utility system Developer Reimbursement Agreements requested by developers shall be entered into by the City of Pasco pursuant to PMC Section 14.25.030(3) once the prerequisite of Chapter 14.25 of the PMC have been met; and Page 140 of 409 Resolution – A Street Sports Complex – Water DRA - 2 WHEREAS, utility Developer Reimbursement Agreements shall meet the development criteria as detailed in PMC Section 14.25.030(3)(b) of the PMC; and WHEREAS, the City of Pasco agrees to payment of project costs, including legal and administrative costs, as set forth in the Developer Reimbursement Agreement, attached as Exhibit A. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the Interim City Manager is authorized to execute the Developer Reimbursement Agreement, a copy of which is attached hereto and incorporated herein by reference as Exhibit A. Be It Further Resolved, that the Interim City Manager be authorized to make minor substantive changes to the Agreement as needed. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 141 of 409 A Street Sports Complex Developer Services Agreement FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd Avenue Pasco, WA 99301 AGREEMENT# AGRMT2023-039 w Additional Parcels and Full Legal Descriptions attached hereto as Exhibit (C) CITY OF PASCO DEVELOPER REIMBURSEMENT AGREEMENT RCW 35.91 – A STREET SPORTS COMPLEX THIS AGREEMENT, made and entered into this day of___________, 2025, by and between the City of Pasco, a Municipal Corporation of the State of Washington, hereinafter referred to as “City”, and the property owners listed on Exhibit (A) hereinafter called “Owner”; and WHEREAS, RCW Chapter 35.91 gives cities the authority to finance the construction of Utility infrastructure, to assess benefited properties for pro rata share of construction costs, and to collect reimbursements from property owners who connect to the system within twenty (20) years; and WHEREAS, RCW Chapter 35.91 and PMC 14.25.070 authorize the City to partner with interested parties in financing development of Utility facilities, and to receive developer reimbursements for City expenditures on same; and WHEREAS, the City has, by Resolution_______ adopted by City Council on the _______ day of ______________, 2025, approved the reimbursement agreement for the construction of the A Street Sports Complex Project by the City to a certain tract of land and established a preliminary assessment reimbursement area and preliminary pro rata share of costs; NOW, THEREFORE, it is agreed as follows: 1. The City constructed, at their expense, the A Street Sports Complex Project as per construction plans signed and approved by the Public Works Director, or his/her designee. The A Street Sports Complex Project will: Page 142 of 409 A Street Sports Complex Developer Services Agreement The installation of 462-linear feet of 12-inch ductile iron water main within the S. Elm Avenue right-of-way. The installation began at the intersection of S. Elm Avenue and E. A Street and headed south 462-feet just past the southern property boundary of Parcel 112-162-024. The benefitting parcels are only being assessed the value of an 8-inch main and fittings. The facilities subject to this Agreement are included within the City's comprehensive utility plan for the properties in Exhibit (B), and no additional comprehensive plan approval for the utility system improvements was required. The facility was constructed in accordance with the City Standard Specifications and Drawings in effect governing the construction and specifications for facilities of such type, and subject to the approval of the Public Works Director, or his/her designee. The City has determined a final “Assessment Area” showing the benefiting parcels to be served by the facility, which is determined at the sole discretion of the City, and which are identified and legally described in Exhibit (C) 2. It is the intent of this Developer Reimbursement Agreements associated with utility system improvements shall be valid for a period not to exceed twenty (20) years from the effective date of the agreement. While a developer agreement is valid, any person, firm or corporation now or hereafter owning benefitted properties described below, or segregated parcels thereof, desiring to connect to the described facilities, shall first pay their pro-rata share of the total cost of the facilities (“Total Assessment”). For this project, the Total Assessment is shown in Exhibit (A). The individual Assessment associated with each parcel of benefited property described in this Agreement shall be charged to the property owner as shown in Exhibit (A). 3. With the completion of construction of the facility and its acceptance by the Public Works Director, or his/her designee, and Council’s adoption of this Developer Reimbursement Agreement, the City shall record latecomer assessments against all benefiting properties in the assessment reimbursement area (“Latecomer Fees”), and the facility will become a part of the municipal system of the City. Maintenance and operation costs of the said facilities will be borne by the City, except for work and corrections covered by the contractor’s one- year warranty bond. 4. It is the intent of this Developer Reimbursement Agreement that with the completion of construction and Council adoption of this Developer Reimbursement Agreement, no person, firm or corporation owning property within the assessment reimbursement area shall be granted a permit or be authorized by City to connect to or use the referenced facilities during the period of time prescribed in Paragraph 2 above without first paying to City, in addition to any and all other costs, assessments and charges made and assessed for such tap or use, the amount required by the provisions of this contract. All amounts so received by the City shall be used to reimburse the REET Fund for the capital improvement. After the expiration of the time prescribed in Paragraph 2 of the agreement, City standard fees in effect at the time, will apply. Page 143 of 409 A Street Sports Complex Developer Services Agreement 5. It is the intent of this Developer Reimbursement Agreement that following passage of the Developer Reimbursement Agreement by City Council, whenever any connection is made onto the facility described in Paragraph 1 under the contract without such payment having first been made in accordance with Exhibit (A), the City may remove or cause to be removed, such unauthorized connection and all connected lines or pipe located in the facility right-of-way, and dispose of such material removed without any liability whatsoever. 6. It is the intent of this Developer Reimbursement Agreement that following passage of this Developer Reimbursement Agreement by City Council, and upon recording said Developer Reimbursement Agreement with the appropriate county auditor's office within thirty (30) days of its final execution, the terms of said Agreement shall run with the land contained within the assessment reimbursement area and bind subsequent owners of the properties affected IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the day and year first above written. CITY OF PASCO, WASHINGTON Dave Zabell – Interim City Manager ATTEST: Debra C. Barham, MMC - City Clerk Page 144 of 409 A Street Sports Complex Developer Services Agreement APPROVED AS TO FORM: Kerr Ferguson Law, PLLC - City Attorney STATE OF WASHINGTON ) : ss COUNTY OF FRANKLIN ) On this day personally appeared before me DAVE ZABELL, Interim City Manager of the City of Pasco, Washington, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this ___ day of ______________, 2025. ________________________________________ Notary Public in and for the State of Washington Print Name: _____________________________ Residing at _______________________________ My Commission Expires: ___________________ Page 145 of 409 A Street Sports Complex Developer Services Agreement 8" W a t e r P a r c e l F r o n t a g e [ F T ] Al l o c a t i o n o f C o s t [% ] = [ ( I n d i v i d u a l Pa r c e l F r o n t a g e [F T ] ) / ( T o t a l P a r c e l Fr o n t a g e [ F T ] ) ] Al l o c a t i o n o f C o s t [ $ ] = ( A l l o c a t i o n o f C o s t [% ] ) * ( T o t a l E s t i m a t e ) 11 2 - 4 6 2 - 0 2 4 C I T Y O F P A S C O 45 8 . 0 0 39 . 0 % 23 , 4 0 2 . 1 7 $ 11 2 - 4 8 0 - 0 1 7 SN A K E R I V E R A G R I C U L T U R E L L C 30 0 . 0 0 25 . 5 % 15 , 3 2 8 . 9 3 $ 11 2 - 4 6 2 - 0 6 9 CI T Y O F P A S C O 13 8 . 7 5 11 . 8 % 7, 0 8 9 . 6 3 $ 11 2 - 4 8 0 - 0 1 4 GR O W B O U N T I N O R T H W E S T L L C 27 7 . 5 0 23 . 6 % 14 , 1 7 9 . 2 6 $ TO T A L S : 11 7 4 . 2 5 10 0 . 0 0 % 60 , 0 0 0 . 0 0 $ 60 , 0 0 0 . 0 0 $ A S T R E E T S P O R T S W A T E R U T I L I T Y EXHIBIT A AG R M T 2 0 2 3 - 0 3 9 w Im p r o v e m e n t To t a l F r o n t a g e 11 7 4 . 2 5 To t a l E s t i m a t e d C o s t o f I m p r o v e m e n t $6 0 , 0 0 0 . 0 0 LA T E C O M E R A M O U N T : Be n e f i t A r e a Pa r c e l # , O w n e r Page 146 of 409 A Street Sports Complex Developer Services Agreement EXHIBIT B Page 147 of 409 A Street Sports Complex Developer Services Agreement EXHIBIT C BENEFITTING PARCELS 112-462-024 ALL BLOCKS 1 & 2, ELLIOTT'S ADDITION TOGETHER WITH ALL BLOCKS 1, 2, 3 & 4 WILLETTAS ADDITION INCLUDING ALL VACATED STREETS AND ALLEYS 112-480-017 BINDING SITE PLAN 2023-02 LOT 3 112-480-014 THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 33, TOWNSHIP 9 NORTH, RANGE 30 EAST, W.M., FRANKLIN COUNTY. WASHINGTON. EXCEPTING THEREFROM, THAT PART THEREOF LYING SOUTHWESTERLY OF A LINE DISTANCE 200 FEET NORTHEASTERLY FROM AND PARALLELING THE CENTER LINE OF THE MAIN TRACK OF THE RAILROAD OF THE NORTHERN PACIFIC RAILWAY COMPANY AS ESTABLISHED ON MAY2, 1947, OVER AND ACROSS SAID PREMISES. MD ALSO EXCEPT THE NORTH 340.00 FEET THEREOF. 112-462-069 WILLETTA'S ADD BLOCKS 7 & 8 Page 148 of 409 AGENDA REPORT FOR: City Council June 9, 2025 TO: Dave Zabell, Interim City Manager City Council Regular Meeting: 6/16/25 FROM: Haylie Miller, Director Community & Economic Development SUBJECT: Public Hearing & Ordinance No. 4772 - Wondrack Right-of-Way Vacation (VAC2024-003) (5 minute staff presentation) I. ATTACHMENT(S): Ordinance Exhibit A - Survey (4th Ave) Vicinity Map WSDOT certification that Right-of-Way is not part of state highway system (1965) Petition Application Narrative Old HWY 11 Layout Old HWY 11 Layout overlaid on top of current aerial PowerPoint Presentation Resolution for Hearing Public for Time Date Meeting Setting 4602 and VAC2024-003 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT PUBLIC HEARING MOTION: I move to adopt Ordinance No. 4772, vacating a portion of right-of- way along North 4th Avenue, and further, authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: On June 12, 2024, the applicant submitted a petition to vacate a portion of the Page 149 of 409 North 4th Avenue right-of-way (ROW) adjacent to the property located at 2502 North 4th Avenue (Parcel No. 113420165). The request aims to correct a historical error dating back to when North 4th Avenue was known as Old Highway 11. At that time, approximately 50 feet of ROW was mistakenly assumed to be part of the private property. Following the establishment of the ROW, a commercial vehicle fuel filling station was partially constructed within the area that was later identified as public right-of-way. A resolution to set the date and time for the public hearing was pulled from the City Council agenda in September 2024, due to concerns that the ROW was owned by Washington State Department of Transportation (WSDOT). There were also concerns regarding the location of the ROW and whether the area being vacated was technically part of said ROW. It was determined by WSDOT that both ownership of the ROW was the City’s and that the area being vacated was indeed a ROW. On May 19, 2025, City Council passed resolution 4602, setting 7:00PM, Monday, June 16, 2025, as the date for a public hearing to consider this vacation request. V. DISCUSSION: Chapter 12.40 of the Pasco Municipal Code (PMC) establishes the procedure and criteria for consideration and determination of vacation of streets, alleys, and access easements related to street, pedestrian, or travel purposes for public use. The applicant is requesting a vacation of a portion of 4th Avenue abutting the project site, as shown in Exhibit A. In evaluating the proposed street ROW vacation request pursuant to the criteria in PMC 12.40.070, staff has determined: 1. The vacation shall not adversely affect traffic accessibility and circulation within the immediate area or within the City as a whole; Traffic accessibility and circulation will not be impacted by the vacation due to all properties within the area still having access to North 4th Avenue. Currently there is a diner to the north and an irrigation supply yard to the south of the ROW. However, both properties would still have direct access to 4th Avenue and would not be impacted by this vacation. 2. The right-of-way is not contemplated or needed for future public use; The section of ROW to be vacated is not needed for future public use nor is it contemplated as such. The vacation is to correct an error Page 150 of 409 discovered by the applicant dating to when North 4th Avenue was old HWY 11. The error came to be due to how WSDOT based their ROW measurements was there this of result error, As time. the at a approximately 50 ft. of ROW mistakenly thought to be part of the property. In the years after the ROW creation, there was a commercial vehicle fuel filling station partially constructed in an area later considered as part of the ROW. According to the Transportation System Master Plan (TSMP), there are no plans for requiring additional ROW for 4th Avenue. However, if the vacation were approved, there would still be approximately 45 ft. of ROW between the new property line and the paved street if there happens to be a need for ROW enhancements. 3. No abutting property will become landlocked, or its access substantially impaired; and The property affected by the ROW vacation will still have full access to North 4th Avenue. The ROW vacation is only reducing width of the ROW and not access to the roadway. 4. The public needs shall not be adversely affected, and the vacation will provide a public benefit or serve a public purpose. Public needs will not be adversely affected in that the subject property and the properties to the north and south will still have direct access to North 4th there be still will ROW loss the with Additionally, Avenue. of approximately 45 ft. of ROW length between the new property line and the edge still ROW future certain for would This asphalt. of allow improvements, if that were desired at a future date. The public benefit for correcting the property lines is that it helps to clearly demarcate ownership of currently installed property features, such as, fuel tanks and fuel pump equipment. It also helps the City in reducing liability that may exist with private equipment and facilities located within the Public ROW. This is the key reason that city staff has recommended waiving compensation associated with some vacations. Recommendation: Staff recommends that the ROW vacation be approved and the requirement for appraisal and compensation be waived based on the need to facilitate proper development and reduce City liability. Page 151 of 409 Ordinance ROW Vacation (VAC 2024-003) - 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. __________ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, VACATING A PORTION OF RIGHT-OF-WAY ALONG NORTH 4TH AVENUE. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way (ROW); and WHEREAS, a petition for vacating a portion of North 4th Avenue has been submitted to the City by owners of more than two-thirds of the properties abutting the portion of the right-of- way to be vacated per Pasco Municipal Code (PMC); and WHEREAS, on May 19, 2025, pursuant to the PMC Section 12.40.040, the City passed Resolution No. 4602, initiating the vacation procedures and setting a public hearing for the proposed vacation; and WHEREAS, pursuant to PMC Section 12.40.050, appropriate notice was given of the City’s intent to vacate the public right-of-way; and WHEREAS, the City held a public hearing on the proposed vacation on May 19, 2025; and WHEREAS, the vacation process provided in PMC Chapter 12.40 requires a title report, and an appraisal of value and compensation unless waived by the City Council; and Page 152 of 409 Ordinance ROW Vacation (VAC 2024-003) - 2 WHEREAS, pursuant to PMC Section 12.40.120(2) the City may waive the requirement for a title report, an appraisal of value and compensation if one or more of the following are applicable: the vacation is initiated by Council Resolution; the vacation is at the request of the City; the Council had previously determined that the right-of-way is not essential to public traffic circulation and is available for vacation; the grant of a substitute right-of-way has value as a right- of-way at least equal to the right-of-way to be vacated; or the resulting benefit to the community of the project requiring the vacation outweighs the appraised value of the right-of-way to be vacated; and WHEREAS, the proposed vacation does meet the above listed criteria for waiver of the requirements for a title report, an appraisal of value, and compensation pursuant to PMC Section 12.40.120(2) as it was acquired without cost to the City and the resulting benefit to the community, in terms of increased traffic safety as a direct result of safer turn radius, will outweigh any value of the vacated right-of-way; and WHEREAS, the City Council may approve a right-of-way vacation upon making findings pursuant to PMC Section 12.40.070(1)-(4), that the vacation of the right-of-way will not adversely affect traffic accessibility and circulation within the immediate area or with the City as a whole; is not contemplated or needed for future use; no abutting property will become landlocked or have access substantially impaired; and the public needs shall not be adversely affected and the vacation will provide a public benefit or serve a public purpose; and WHEREAS, the City Council finds that the required criteria of the PMC Section 12.40.070(1)-(4) have been met; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That a portion of right-of-way, as described below and as depicted in Exhibit A be and the same is hereby vacated; The South 250 Feet of that Portion of the Northwest Quarter of the Northwest Quarter of Section 20, Township 9 North, Range 30 East, W.M., lying west of North Fourth Avenue (Formerly State Highway No. 11), except the West 230 Feet of the South 150 Feet and except the West 248 Feet of the North 100 Feet of the South 250 Feet and except North Fifth Avenue (formerly Arthur Street). Section 2. That the City shall retain the right to exercise or grant easements adjacent to North 4th Avenue. Page 153 of 409 Ordinance ROW Vacation (VAC 2024-003) - 3 Section 3. That pursuant to PMC Chapter 12.40, the City Council waives the requirements for an appraisal, title report, survey, and compensation for the vacated right-of-way. Section 4. That a certified copy of this Ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 5. Severability. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase, or word of this Ordinance. Section 6. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulation s; or numbering or referencing of ordinances or their sections and subsections. Section 7. Effective Date. 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 16th day of June, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: _____________________________ Page 154 of 409 U!i!? 19120 I "' I f 30.02' I \r �I �i :::r: i!I ��•E ---:-1'" 00 o:I �· �I . I � i': "' 30.03' 30.00' � :. -t-,oO·e,toJl�l �f:>r:$':J"!,'°!,' N89'37'35'"E 94.97' 110.15' N89"51'34"E 140.15 ' N89'4a'12"E 325.00' N89"-48'12"F. 218.14' S8S"O'04"W 123.06' 105.01 ' 4'89"29'46"E 1 5.01 ' I� u, � � 89,65' l _,_,J 18.06' 30.41' t 'f:>. � 0.39 AC ·\ SUBJECT PROPERTY 16,893 SF � � o \>. AS-BUILT '1. < "f \� 11 �<Y ..,,('� .... ..t00, 0 A) �o -- ��-Po • -�� 'O �· ...... (>�'t, .p-?- \ I \ ✓--- g9,03' N89"-48'12"E 188.e' N89'48'12"E 67.68' \ \ I RECORD OF SURVEY LOCATED IN THE NW 1/4 OF THE NW 1/4 OF SECTION 20, TOWNSHIP 9 NORTH, RANGE 30 EAST, W.M. FRANKLlN COUNTY, WASHINGTON. SURVEYOR'S NOTES· 1. BEARING BASE IS GRID WASHINGTON COORDINATE SYSTEM (SOUTH ZONE), NAD_63 (2011 ). 0!STANCES ARE lRUE GROUND MEASUREMEN'TS, SCALED FROM GRID BY MULTIPLYING BY A COMBINED FACTOR OF 1.000080236. COMPUTED FROM lAT: 46'13'31.2" NORTH, LONG: 119'04'46.9" WEST 2. 0 • DENOTES SET 5/8"x24" REBAR W/ 0RmGE PLASTIC CAP STN.lPED "ROGERS SURVEYING, BMI...MAN, 41028" 3. e = DENOTES FOUND MONUMENT AS NOTED 4. (M) • MEASURED (C) -COMPUTED (P) • RECORD PER STEfFIN'S AMENDED AOOfTl0N TO PASCO (V.8, PG.47) (R2) -RECORD PER SURVEY V.3, PG.74-4, {A.F. #1859023) (R3) -RECORD PER SURVEY V.2, PG.399 (A.F. #550116) 5. THIS SURVEY DOES NOT PURPORT TO SHOW AU. EASEMENTS IF Afff OTHERS EXIST. 6. EQUIPMENT AND PROCEDURES USED: MULTI FREQUENCY GNSS RECEIVERS USING RDJ. TIME t<JNEMATIC METHODS. 7. FOUND MONUMENTS \IISnID 1-05-2024. SET MONUMENTS ESTABLISHED X-XX-2024-. 8. THlS SURVEY MEEfS OR EXCEEDS THE ACCURACY REQUIREMENTS DESCRIBED IN WAC 332-130-085. ANALYSIS METHOO: MULTIPLE INDEPENDENT RTK GNSS TIES AND l£AST SQUARES ...WUSTMENT. \ EXISTING LEGAL DESCRIPTION: (SEE STAMORY WAARANTY OEED RECORDED UNDER A.f'. #165306S) THE SOUTH 250 FEET OF THA.T PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 9 NORTH, RmGE 30 EAST, W.M., LYING WEST OF NORTH FOURTH AVENUE (FORMERLY STATE HIGHWAY NO. 11), EXCEe[ THE WEST 230 FEET OF THE SOUTH 150 FEET AHO. mEeI THE WEST 248 FEET OF THE NORTH 100 FEET OF THE SOUTH 250 FEET Al::ill..EXCEfI NORTH FIFTH AVENUE (FORMERLY ARTHUR STREET). I I \ 1"-JO' \+ I \ SURVEYOR'S CERTIFICATETHIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY OIRECTl0N IN CONF0RMMICE WITH 11-!E REQUIREMENTS OF THE SURVEY RECORDING ACT AT THE REQUEST OF COLEMAN Oil IN MARCH, 2024-. JO 15 0 DAVID P. f1MLMA,N CERTIFICATE f41028 DATE 30 60 SCALE IN FIT! RN. 90 NONE I "' 19�20 EMPffiE DR. i---------------1 I AUDITOR'S CERTIFICATE FILED FOR RECORD THIS _ DAY Of ______ 20__, AT _M, IN VOLUME __ OF SURVE'l'S, AT p,.,c;E -� AT THE REQUEST OF ROGERS SURVEYING. FAANKUN COUl'(T'f AUDITOR AUDITOR'S ALE NUMBER ��ROGERS SURVEYING INC., P.S. 1455 COLUltlBU PARK TRnL RICHLAND, Jr..t.. 99352 PHONE (609) 783-4t4t FH: (509) 783-8994 www.rogn-s�eying.corn. CLIENT I JOB COLEMAN OIL 41523 PROJECT RECORD SURVEY PTN. NW 1/4 S.20, T.9N., R30E., W.M. ORN. BY ""' APPROVED 0PB I SCALE 1·- 3 0 ' j F. B. NO. 906/907 I SHEET...! AC>D VER -C3021 j DATE 3/20/24 _lF1LE: 41523.DWG OF Pa g e 1 5 5 o f 4 0 9 Pa g e 1 5 6 o f 4 0 9 Page 157 of 409 Page 158 of 409 Page 159 of 409 Page 160 of 409 Wondrack Right-of-Way Vacation Narrative (VAC 2024-003) Over the past few months, it was discovered that old highway right-of-way encumbers a good majority of the lot on which Coleman Oil Company, LLC operates a fueling station leased from Carol Wondrack. A survey was conducted by Rogers Surveying Inc. P.S. (Brenton Griffin, PLS as Surveyor) to confirm the lot lines. Mr. Griffin contacted the City of Pasco PW Department to discuss options about the potential right of way vacation and the City of Pasco indicated they would be interested in performing a road vacation and asked we submit the attached application in order to proceed. Enclosed please find the City of Pasco Street/Alley Vacation Letter Signed by the legal owner, Carol Wondrack, along with the record of survey which illustrates the proposed property acquisition. The application fee of $300.00 has been included as well. Page 161 of 409 Pa g e 1 6 2 o f 4 0 9 4 0 39+75.05 P.I. 50' Page 163 of 409 Vacation of Streets, Alleys, Access Easements (PMC 12.40) Applicants wish to vacate a portion of Right-of-Way along North 4th Avenue, located north ofEmpire St. •Initiated by Resolution or Petition signed by owners •Public Hearing Required Criteria (PMC 12.40.070) (1)The vacation shall not adversely affect traffic accessibility and circulation within the immediate area or within the City as a whole; (2)The right-of-way is not contemplated or needed for future public use; (3)No abutting property will become landlocked, or its access substantially impaired; and (4)The public needs shall not be adversely affected, and the vacation will provide a public benefit or serve a public purpose. VAC 2024-003 Wondrack ROW Vacation Pa g e 1 6 4 o f 4 0 9 VAC 2024-003 Wondrack ROW Vacation Per PMC 12.40 the City Council shall use the following criteria for approval of the petition: 1.The vacation shall not adversely affect traffic accessibility and circulation within the immediate area or within the City as a whole; 2.The right-of-way is not contemplated or needed for future public use; 3.No abutting property will become landlocked, or its access substantially impaired; 4.The public needs shall not be adversely affected and the vacation will provide a public benefit or serve a public purpose. Pa g e 1 6 5 o f 4 0 9 Proposed Wondrack ROW Vacation Pa g e 1 6 6 o f 4 0 9 Resolution -Setting PH for ROW Vacation (VAC 2024-003) - 1 RESOLUTION NO. 4602 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, SETTING 7:00 PM, JUNE 16, 2025, AS THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF RIGHT-OF- WAY ALONG NORTH 4TH AVENUE. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City of Pasco (City), the City Council may vacate rights-of-way; and WHEREAS, a petition for vacation of a portion of Right-of-Way along North 4th Avenue by owners of more than two-thirds abutting the part of the street and alley to be vacated has been submitted to the City; and WHEREAS, the vacation process, by petition application, provided in the Pasco Municipal Code (PMC) Chapter 12.40 requires a survey, title report, an appraisal of value, and compensation unless waived by City Council; and WHEREAS, the City may waive the requirements for a survey pursuant to PMC Section 12.40.110 if the location and legal description of the street or alley proposed for vacation is sufficiently known to the City such that an accurate legal description can be determined with certainty without a survey; and WHEREAS, pursuant to PMC Section 12.40.120 (2), compensation for vacated rights-of- way, an appraisal and title report may be waived if one or more of the following are applicable: the vacation is initiated by Council Resolution; the vacation is at the request of the City; the right- of-way to be vacated was previously determined by Council not to be essential to public traffic circulation and is available for vacation; the grant of a substitute right-of-way has value as a right- of-way at least equal to the right-of-way to be vacated; or the resulting benefit to the community of the project requiring vacation outweighs the appraised value of the right-of-way to be vacated; and WHEREAS, the City staff is requesting that Council make a determination concerning whether to waive the requirements of a title report, appraisal of value, and compensation pursuant to PMC 12.40.120(2) after holding a public hearing; and WHEREAS, PMC Section 12.40.040 requires public hearings on vacations to be fixed by resolution, and to provide notice for such hearing which shall occur no later than sixty (60) days after, nor earlier than twenty (20) days after, the passage of this Resolution setting a public hearing. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Notice of Hearing. That a public hearing to consider vacating the following as described below and depicted in Exhibit A attached hereto, will be held before City Council of the City of Page 167 of 409 Resolution -Setting PH for ROW Vacation (VAC 2024-003) - 2 Pasco in the Council Chambers at 525 N. Third Avenue, Pasco, Washington at the hour of 7:00 p.m., on the 16th day of June 2025: A PORTION OF RIGHT-OF-WAY ALONG NORTH 4TH AVENUE The South 250 Feet of that Portion of the Northwest Quarter of the Northwest Quarter of Section 20, Township 9 North, Range 30 East, W.M., lying west of North Fourth Avenue (Formerly State Highway No. 11), except the West 230 Feet of the South 150 Feet and except the West 248 Feet of the North 100 Feet of the South 250 Feet and except North Fifth Avenue (formerly Arthur Street). Comprising approximately 15,177 square feet (0.35 Acres) Be It Further Resolved, that the City Clerk of the City of Pasco give notice of said public hearing as required by law. Be It Further Resolved, that the City Council will decide whether to waive the requirements for an appraisal, title report, and compensation after June 16, 2025, public hearing. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington, on this 19th day of May, 2025. David Milne Mayor Pro Tem ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 168 of 409 U!i!? 19120 I "' I f 30.02' I \r �I �i :::r: i!I ��•E ---:-1'" 00 o:I �· �I . I � i': "' 30.03' 30.00' � :. -t-,oO·e,toJl�l �f:>r:$':J"!,'°!,' N89'37'35'"E 94.97' 110.15' N89"51'34"E 140.15 ' N89'4a'12"E 325.00' N89"-48'12"F. 218.14' S8S"O'04"W 123.06' 105.01 ' 4'89"29'46"E 1 5.01 ' I� u, � � 89,65' l _,_,J 18.06' 30.41' t 'f:>. � 0.39 AC ·\ SUBJECT PROPERTY 16,893 SF � � o \>. AS-BUILT '1. < "f \� 11 �<Y ..,,('� .... ..t00, 0 A) �o -- ��-Po • -�� 'O �· ...... (>�'t, .p-?- \ I \ ✓--- g9,03' N89"-48'12"E 188.e' N89'48'12"E 67.68' \ \ I RECORD OF SURVEY LOCATED IN THE NW 1/4 OF THE NW 1/4 OF SECTION 20, TOWNSHIP 9 NORTH, RANGE 30 EAST, W.M. FRANKLlN COUNTY, WASHINGTON. SURVEYOR'S NOTES· 1. BEARING BASE IS GRID WASHINGTON COORDINATE SYSTEM (SOUTH ZONE), NAD_63 (2011 ). 0!STANCES ARE lRUE GROUND MEASUREMEN'TS, SCALED FROM GRID BY MULTIPLYING BY A COMBINED FACTOR OF 1.000080236. COMPUTED FROM lAT: 46'13'31.2" NORTH, LONG: 119'04'46.9" WEST 2. 0 • DENOTES SET 5/8"x24" REBAR W/ 0RmGE PLASTIC CAP STN.lPED "ROGERS SURVEYING, BMI...MAN, 41028" 3. e = DENOTES FOUND MONUMENT AS NOTED 4. (M) • MEASURED (C) -COMPUTED (P) • RECORD PER STEfFIN'S AMENDED AOOfTl0N TO PASCO (V.8, PG.47) (R2) -RECORD PER SURVEY V.3, PG.74-4, {A.F. #1859023) (R3) -RECORD PER SURVEY V.2, PG.399 (A.F. #550116) 5. THIS SURVEY DOES NOT PURPORT TO SHOW AU. EASEMENTS IF Afff OTHERS EXIST. 6. EQUIPMENT AND PROCEDURES USED: MULTI FREQUENCY GNSS RECEIVERS USING RDJ. TIME t<JNEMATIC METHODS. 7. FOUND MONUMENTS \IISnID 1-05-2024. SET MONUMENTS ESTABLISHED X-XX-2024-. 8. THlS SURVEY MEEfS OR EXCEEDS THE ACCURACY REQUIREMENTS DESCRIBED IN WAC 332-130-085. ANALYSIS METHOO: MULTIPLE INDEPENDENT RTK GNSS TIES AND l£AST SQUARES ...WUSTMENT. \ EXISTING LEGAL DESCRIPTION: (SEE STAMORY WAARANTY OEED RECORDED UNDER A.f'. #165306S) THE SOUTH 250 FEET OF THA.T PORTION OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF SECTION 20, TOWNSHIP 9 NORTH, RmGE 30 EAST, W.M., LYING WEST OF NORTH FOURTH AVENUE (FORMERLY STATE HIGHWAY NO. 11), EXCEe[ THE WEST 230 FEET OF THE SOUTH 150 FEET AHO. mEeI THE WEST 248 FEET OF THE NORTH 100 FEET OF THE SOUTH 250 FEET Al::ill..EXCEfI NORTH FIFTH AVENUE (FORMERLY ARTHUR STREET). I I \ 1"-JO' \+ I \ SURVEYOR'S CERTIFICATETHIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR UNDER MY OIRECTl0N IN CONF0RMMICE WITH 11-!E REQUIREMENTS OF THE SURVEY RECORDING ACT AT THE REQUEST OF COLEMAN Oil IN MARCH, 2024-. JO 15 0 DAVID P. f1MLMA,N CERTIFICATE f41028 DATE 30 60 SCALE IN FIT! RN. 90 NONE I "' 19�20 EMPffiE DR. i---------------1 I AUDITOR'S CERTIFICATE FILED FOR RECORD THIS _ DAY Of ______ 20__, AT _M, IN VOLUME __ OF SURVE'l'S, AT p,.,c;E -� AT THE REQUEST OF ROGERS SURVEYING. FAANKUN COUl'(T'f AUDITOR AUDITOR'S ALE NUMBER ��ROGERS SURVEYING INC., P.S. 1455 COLUltlBU PARK TRnL RICHLAND, Jr..t.. 99352 PHONE (609) 783-4t4t FH: (509) 783-8994 www.rogn-s�eying.corn. CLIENT I JOB COLEMAN OIL 41523 PROJECT RECORD SURVEY PTN. NW 1/4 S.20, T.9N., R30E., W.M. ORN. BY ""' APPROVED 0PB I SCALE 1·- 3 0 ' j F. B. NO. 906/907 I SHEET...! AC>D VER -C3021 j DATE 3/20/24 _lF1LE: 41523.DWG OF EXHIBIT "A" Pa g e 1 6 9 o f 4 0 9 AGENDA REPORT FOR: City Council June 16, 2025 TO: Dave Zabell, Interim City Manager City Council Regular Meeting: 6/16/25 FROM: Haylie Miller, Director Community & Economic Development SUBJECT: Public Hearing & Ordinance No. 4773 - Pasco School District No. 1 Orion High School Right-of-Way Vacation (VAC2024-004) (5 minute staff presentation) I. ATTACHMENT(S): Ordinance Exhibit A - Vacation Survey (North Utah Avenue and East Salt Lake Street) Vicinity Map Title Report Petition Application Existing Conditions Survey Vacation Appraisal Agreement RES 4603 Setting Date & Time for Public Hearing for VAC2024-004 PowerPoint Presentation II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT PUBLIC HEARING MOTION: I move to adopt Ordinance No. 4773, vacating a portion of North Utah Avenue and East Salt Lake Street Right-of-Way in Frey's Addition to Pasco and, further, authorize by publication only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: In November of 2024, applicant Amanda Whitehead of Knutzen Engineering, acting on behalf of Pasco School District No. 1, submitted a vacation petition to vacate a portion of North Utah Avenue and East Salt Lake Street right-of-way. Page 170 of 409 As part of the application, a portion of the property is being proposed to be dedicated as part of the North Wehe Avenue right-of-way. The applicant has requested to vacate a portion of North Utah Avenue and East Salt Lake Street of Lot 1, Block 18 of Frey’s Addition to Pasco. Applicant has also proposed to dedicate a portion of Lot 1, Block 19 of Frey’s addition to Pasco to the North Wehe Avenue right-of-way. The additional dedication of rights-of-way is performed under a separate action but is included here for the benefit of clarity and congruity. On May 19, 2025, City Council passed resolution 4603, setting 7:00PM, Monday, June 16, 2025, as the date for a public hearing to consider this vacation request. V. DISCUSSION: Chapter 12.40 of the Pasco Municipal Code (PMC) establishes the procedure and criteria for consideration and determination of vacation of streets, alleys, and access easements related to street, pedestrian, or travel purposes for public use. The applicant is requesting a vacation of a portion of North Utah Avenue and East Salt Lake Street abutting the project site, as shown in Exhibit A. In evaluating the proposed street ROW vacation request pursuant to the criteria in PMC 12.40.070, staff has determined: 1. The vacation shall not adversely affect traffic accessibility and circulation within the immediate area or within the City as a whole; Traffic accessibility and circulation will not be impacted by the vacation due to all properties within the area still having access to both North Utah Avenue and East Salt Lake Street. 2. The right-of-way is not contemplated or needed for future public use; The section of ROW to be vacated is not needed for future public use nor is it contemplated as such. According to the Transportation System Master Plan (TSMP), there are no plans for requiring additional ROW for both North Utah Avenue and East Salt Lake Street. However, if the vacation were approved, there would still be 60 ft. of ROW width for East Salt Lake Street and 70ft. of ROW width for North Utah Avenue. Both roads are currently classified as local access roads and do not need the extra width. 3. No abutting property will become landlocked, or its access substantially impaired; and The property affected by the ROW vacation will still have full access to Page 171 of 409 both North Utah Avenue and East Salt Lake Street. The ROW vacation is only reducing width of the ROW and not access to the roadway. 4. The public needs shall not be adversely affected and the vacation will provide a public benefit or serve a public purpose. Public needs will not be adversely affected in that the subject property will still have direct access to both North Utah Avenue and East Salt Lake Street. The ROW width reduction would still allow for certain future ROW improvements (e.g., adding sidewalks, curbs/gutters, etc.), if that were desired at a future date due to the width still meeting design standards. The public benefit for correcting the property lines, is that it brings the ROW widths for both North Utah Avenue and East Salt Lake Street into better conformance with local street road standards. Additionally, there is the dedication of ROW on North Wehe Avenue that provides compensation to the ROW being vacated along both North Utah Avenue and East Salt Lake Street. The public will benefit in that this additional dedication will allow for better access to North Wehe Avenue from East Salt Lake Street and vice versa. Staff recommends that the ROW vacation be approved, based on the need to facilitate proper ROW width standards. Page 172 of 409 Ordinance ROW Vacation (VAC 2024-004) - 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. __________ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, VACATING PORTION OF NORTH UTAH AVENUE AND EAST SALT LAKE STREET RIGHT-OF-WAY IN FREY’S ADDITION TO PASCO. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City, the City Council may vacate rights-of-way (ROW); and WHEREAS, a petition for vacating portions of North Utah Avenue and East Salt Lake Street has been submitted to the City by owners of more than two-thirds of the properties abutting the portion of the right-of-way to be vacated per Pasco Municipal Code (PMC); and WHEREAS, the City deems it appropriate to extend the vacation area to include portions of street and alley rights-of-way surrounding North Utah Avenue and East Salt Lake Street in Frey’s Addition Pasco plat so as to maintain ROW continuity in North Utah Avenue and East Salt Lake Street; and WHEREAS, on May 19, 2025, pursuant to the PMC Section 12.40.040, the City passed Resolution No. 4603, initiating the vacation procedures and setting a public hearing for the proposed vacation; and WHEREAS, pursuant to PMC Section 12.40.050, appropriate notice was given of the City’s intent to vacate the public right-of-way; and WHEREAS, the City held a public hearing on the proposed vacation on June 16, 2025; and WHEREAS, the vacation process provided in PMC Chapter 12.40 requires a title report, and an appraisal of value and compensation unless waived by the City Council; and Page 173 of 409 Ordinance ROW Vacation (VAC 2024-004) - 2 WHEREAS, pursuant to PMC Section 12.40.120(2) the City may waive the requirement for a title report, an appraisal of value and compensation if one or more of the following are applicable: the vacation is initiated by Council Resolution; the vacation is at the request of the City; the Council had previously determined that the right-of-way is not essential to public traffic circulation and is available for vacation; the grant of a substitute right-of-way has value as a right- of-way at least equal to the right-of-way to be vacated; or the resulting benefit to the community of the project requiring the vacation outweighs the appraised value of the right-of-way to be vacated; and WHEREAS, the proposed vacation does meet the above listed criteria for waiver of the requirements for a title report, an appraisal of value, and compensation pursuant to PMC Section 12.40.120(2) as it was acquired without cost to the City and the resulting benefit to the community, in terms of increased traffic safety as a direct result of safer turn radius, will outweigh any value of the vacated right-of-way; and WHEREAS, the City Council may approve a right-of-way vacation upon making findings pursuant to PMC Section 12.40.070(1)-(4), that the vacation of the right-of-way will not adversely affect traffic accessibility and circulation within the immediate area or with the City as a whole; is not contemplated or needed for future use; no abutting property will become landlocked or have access substantially impaired; and the public needs shall not be adversely affected and the vacation will provide a public benefit or serve a public purpose; and WHEREAS, the City Council finds that the required criteria of the PMC Section 12.40.070(1)-(4) have been met; and WHEREAS, all steps and procedures required by law to vacate said right-of-way have been duly taken and performed. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That a portion of right-of-way, as described below and as depicted in Exhibit A be and the same is hereby vacated; That portion of North Utah Ave and E Salt Lake St right-of-way of said Lot 1, Block 18 of Frey's Addition to Pasco according to the plat thereof recorded in Volume "B" of plats at page 16, records of Franklin Co, Washington being described as follows: Thence South 19°50’21” East along the Easterly Right-of-Way line of said North Utah Avenue as shown in said “Frey’s Addition to Pasco”, 300.04 feet to the Westerly Extension of the Northerly Right-of-Way line of Duluth Street as shown in said “Frey’s Addition to Pasco”; Page 174 of 409 Ordinance ROW Vacation (VAC 2024-004) - 3 Thence South 70°09’53” West along said Westerly extension, 10.00 feet to point 10.00 feet from when measured at right angles to the original Easterly Right-of- Way line of said North Utah Avenue; Thence North 19°50’21” West parallel with and 10.00 feet from when measured at right angles to the original Easterly Right-of-Way line of said North Utah Avenue, 285.05 feet; Thence along the arc of a 25.00 foot radius tangent curve to the right, the long chord of which bears North 25°09’16” East for a chord distance of 35.35 feet through a central angle of 89°59’13” for an arc distance of 39.26 feet to a point 10.00 feet from when measured at right angles to the original Southerly Right-of-Way of East Salt Lake Street, 440.40 feet; Thence along the arc of 25.00 foot radius tangent curve to the right, the long chord of which bears South 83°17’13” East for a chord distance of 22.36 feet through a central angle of 53°07’48” for an arc distance of 23.18 feet to the original Southerly Right-of-Way line of East Salt Lake Street; Thence South 70°08’52” West along the original Southerly Right-of-Way line of East Salt Lake Street, 475.39 feet to the POINT OF BEGINNING; Section 2. That the City shall retain the right to exercise or grant easements adjacent to North Utah Avenue and East Salt Lake Street. Section 3. That pursuant to PMC Chapter 12.40, the City Council waives the requirements for an appraisal, title report, survey, and compensation for the vacated right-of-way. Section 4. That a certified copy of this Ordinance be recorded by the City Clerk of the City of Pasco in and with the office of the Auditor of Franklin County, Washington. Section 5. Severability. If any section, subsection, sentence, clause, phrase, or word of this Ordinance is held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause, phrase, or word of this Ordinance. Section 6. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulation s; or numbering or referencing of ordinances or their sections and subsections. Section 7. Effective Date. This Ordinance shall take full force and effect five (5) days after approval, passage and publication as required by law. Page 175 of 409 Ordinance ROW Vacation (VAC 2024-004) - 4 PASSED by the City Council of the City of Pasco, Washington this 16th day of June, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: _____________________________ Page 176 of 409 Page 177 of 409 Page 178 of 409 Page 179 of 409 Pa g e 1 8 0 o f 4 0 9 Page 181 of 409 Page 182 of 409 510 N. COLORADO ST., STE B KENNEWICK, WA 99336 Phone: 509-783-0661 Fax: 509-783-2256 Subdivision Guarantee Page 1 SUBDIVISION GUARANTEE SCHEDULE A Office File Number BF18309 Ref. No.: Policy Number SGW-08004628 Date of Policy July 31, 2023 at 8:00 AM Amount of Insurance $450.00 Premium $450.00 NAME OF ASSURED: MGS Pasco THE ASSURANCES REFERRED TO ON THE FACE PAGE ARE: THAT, ACCORDING TO THOSE PUBLIC RECORDS WHICH, CONSTRUCTIVE NOTICE OF MATTERS RELATIVE TO THE DESCRIPTION OF WHICH IS FULLY SET FORTH IN UNDER THE RECORDING LAWS, IMPART FOLLOWING DESCRIBED REAL PROPERTY: SEE ATTACHED EXHIBIT "A" TITLE TO SAID REAL PROPERTY IS VESTED IN: Pasco School District No. 1 SUBJECT TO THE MATTERS SHOWN BELOW UNDER EXCEPTIONS, WHICH EXCEPTIONS ARE NOT NECESSARILY SHOWN IN THE ORDER OF THEIR PRIORITY. EXCEPTIONS: 1. GENERAL TAXES AND ASSESSMENTS, IF ANY, NO SEARCH HAVING BEEN MADE THEREOF; ALSO, TAXES OR ASSESSMENTS WHICH ARE NOT SHOWN AS EXISTING LIENS BY THE RECORDS OF ANY TAXING AUTHORITY THAT LEVIES TAXES OR ASSESSMENTS ON REAL PROPERTY OR BY THE PUBLIC RECORDS. 2. UNPATENTED MINING CLAIMS, RESERVATIONS OR EXCEPTIONS IN THE UNITED STATES PATENTS OR IN ACTS AUTHORIZING THE ISSUANCE THEREOF; WATER RIGHTS, CLAIMS OR TITLE TO WATER. 3. TITLE TO ANY PROPERTY BEYOND THE LINES OF THE REAL PROPERTY EXPRESSLY DESCRIBED HEREIN, OR TITLE TO STREETS, ROADS, AVENUES, LANES, WAYS OR WATERWAYS ON WHICH SUCH REAL PROPERTY ABUTS, OR THE RIGHT TO MAINTAIN THEREIN VAULTS, TUNNELS, RAMPS, OR ANY OTHER STRUCTURE OR IMPROVEMENT; OR ANY RIGHTS OR EASEMENTS THEREIN UNLESS SUCH PROPERTY, RIGHTS OR EASEMENTS ARE EXPRESSLY AND SPECIFICALLY SET FORTH IN SAID DESCRIPTION. Page 183 of 409 Policy Number: SGW-08004628 Subdivision Guarantee Page 2 ADDITIONAL EXCEPTIONS: 1. RIGHTS, IF ANY, FOR UTILITIES WHICH MAY HAVE BEEN GRANTED IN VACATED STREETS AND ALLEYS, PREVIOUS TO THE VACATION THEREOF. 2. NOTICE OF ADDITIONAL SEWER FACILITY TAP OR CONNECTION CHARGE RECORDED UNDER AUDITOR'S FILE NO. 1974352, 1974353, 1974354, 1974355, 1974356 AND 1974357. END OF SCHEDULE A EXCEPTIONS. NOTES: AT THE REQUEST OF THE ASSURED THE FOLLOWING INFORMATION IS PROVIDED: a. THE ADDRESS OF THE SUBJECT PROPERTY IS: LOTS 1-24, BLOCK 18 AND LOTS 1-12, BLOCK 19, FREY'S ADDITION TO PASCO , WA b. ACCORDING TO THE RECORDS OF FRANKLIN COUNTY ASSESSOR, THE CURRENT VALUE OF EACH PARCEL OF SAID PREMISES IS AS FOLLOWS: TAX ACCOUNT NO.: 113-501-041, 113-501-050 AND 113-501-069 LAND: $0.00 IMPROVEMENTS: $0.00 TOTAL: $0.00 c. THE FOLLOWING ABBREVIATED LEGAL DESCRIPTION IS PROVIDED AS A COURTESY TO ENABLE THE DOCUMENT PREPARER TO CONFORM WITH THE REQUIREMENTS OF RCW 65.04.045, PERTAINING TO STANDARDIZATION OF RECORDED DOCUMENTS. ABBREVIATED LEGAL DESCRIPTION: LOTS 1-24, BLOCK 18 AND LOTS 1-12, BLOCK 19, FREY'S ADDITION TO PASCO a. GENERAL TAXES FOR 2023 IN THE SUM OF $47.02, ARE PAID IN FULL. TAX ACCOUNT NO. 113-501-041. (FIRST HALF TAXES ARE DELINQUENT MAY 1. LAST HALF TAXES ARE DELINQUENT NOVEMBER 1.) TAXPAYER HAS EXEMPT STATUS. b. GENERAL TAXES FOR 2023 IN THE SUM OF $224.70, ARE PAID IN FULL. TAX ACCOUNT NO. 113-501-050. (FIRST HALF TAXES ARE DELINQUENT MAY 1. LAST HALF TAXES ARE DELINQUENT NOVEMBER 1.) TAXPAYER HAS EXEMPT STATUS. c. GENERAL TAXES FOR 2023 IN THE SUM OF $100.46, ARE PAID IN FULL. TAX ACCOUNT NO. 113-501-069. (FIRST HALF TAXES ARE DELINQUENT MAY 1. LAST HALF TAXES ARE DELINQUENT NOVEMBER 1.) TAXPAYER HAS EXEMPT STATUS. Page 184 of 409 Subdivision Guarantee Page 3 Benton Franklin Title Company Privacy Policy Notice PURPOSE OF THIS NOTICE Title V of the Gramm -Leach-Bliley Act (GLBA) generally prohibits any financial institution, directly or through its affiliates, from sharing nonpublic personal information about you with a nonaffiliated third party unless the institution provides you with a notice of its privacy policies and practices, such as the type of information that it collects about you and the categories of persons or entities to whom it may be disclosed. In compliance with the GLBA, we are providing you with this document, which notifies you of the privacy policies and practices of Benton Franklin Title Company We may collect nonpublic personal information about you from the following sources: Information we receive from you such as on applications or other forms. Information about your transactions we secure from our files, or from [our affiliates or] others. Information we receive from a consumer reporting agency. Information that we receive from others involved in your transaction, such as the real estate agent o r lender. Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional nonpublic personal information will be collected about you. We may disclose any of the above information that we collect about our customers or former customers to our affiliates as permitted by law. WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY LAW. We restrict access to nonpublic personal information about you to those employees who need to know that information in order to provide products or services to you. We maintain physical, electronic, and procedural safeguards that comply with federal regulations to guard your nonpublic personal information. ORT 287-C 5/07/01 Page 185 of 409 Subdivision Guarantee Page 4 Order No.: BF18309 EXHIBIT "A" Parcel A Lots 1 through 24, Block 18, FREY'S ADDITION TO PASCO, according to the plat thereof recorded in Volume B of Plats, Page 16, records of Franklin County, Washington; TOGETHER WITH that adjacent portion of the Block 18 alley as vacated by City of Pasco Ordinance No. 2601 and recorded under Auditor's File No. 445760; AND TOGETHER WITH those adjacent portions of Duluth Street and Nevada Avenue as vacated by City of Pasco Ordinance No. 4382 and recorded under Auditor's File No. 1884521. Parcel B and C Lots 1 through 12, Block 19, FREY'S ADDITION TO PASCO, according to the plat thereof recorded in Volume B of Plats, Page 16, records of Franklin County, Washington; TOGETHER WITH that adjacent portion of the Block 19 alley as vacated by City of Pasco Ordinance No. 2601 and recorded under Auditor's File No. 445760; AND TOGETHER WITH those adjacent portions of Duluth Street and Nevada Avenue as vacated by City of Pasco Ordinance No. 4382 and recorded under Auditor's File No. 1884521. Page 186 of 409 Page 187 of 409 Page 188 of 409 Page 189 of 409 Page 190 of 409 Page 191 of 409 Page 192 of 409 Page 193 of 409 Page 194 of 409 Page 195 of 409 Page 196 of 409 Page 197 of 409 Page 198 of 409 Page 199 of 409 Page 200 of 409 Page 201 of 409 Page 202 of 409 Resolution – Setting PH for ROW Vacation (VAC 2024-004) - 1 RESOLUTION NO. 4603 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, SETTING 7:00 PM, MONDAY, JUNE 16, 2025, AS THE TIME AND DATE FOR A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF NORTH UTAH AVE AND EAST SALT LAKE ST RIGHT-OF-WAY IN FREY'S ADDITION TO PASCO AND TO DEDICATE A PORTION OF FREY’S ADDITION TO PASCO TO EAST WEHE AVE. WHEREAS, from time to time in response to petitions or in cases where it serves the general interest of the City of Pasco (City), the City Council may vacate rights-of-way; and WHEREAS, a petition for vacation of a portion of North Utah Ave and E Salt Lake St right-of-way in Frey's Addition to Pasco by owners of more than two-thirds abutting the part of the street and alley to be vacated has been submitted to the City; and WHEREAS, the vacation process, by petition application, provided in the Pasco Municipal Code (PMC) Chapter 12.40 requires a survey, title report, an appraisal of value, and compensation unless waived by City Council; and WHEREAS, the City may waive the requirements for a survey pursuant to PMC Section 12.40.110 if the location and legal description of the street or alley proposed for vacation is sufficiently known to the City such that an accurate legal description can be determined with certainty without a survey; and WHEREAS, pursuant to PMC Section 12.40.120 (2), compensation for vacated rights-of- way, an appraisal and title report may be waived if one or more of the following are applicable: the vacation is initiated by Council Resolution; the vacation is at the request of the City; the right- of-way to be vacated was previously determined by Council not to be essential to public traffic circulation and is available for vacation; the grant of a substitute right-of-way has value as a right- of-way at least equal to the right-of-way to be vacated; or the resulting benefit to the community of the project requiring vacation outweighs the appraised value of the right-of-way to be vacated; and WHEREAS, the City staff is requesting that Council make a determination concerning whether to waive the requirements of a title report, appraisal of value, and compensation pursuant to PMC 12.40.120(2) after holding a public hearing; and WHEREAS, PMC Section 12.40.040 requires public hearings on vacations to be fixed by resolution, and to provide notice for such hearing which shall occur no later than 60 days after, nor earlier than 20 days after, the passage of this Resolution setting a public hearing. Page 203 of 409 Resolution – Setting PH for ROW Vacation (VAC 2024-004) - 2 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: Notice of Hearing. That a public hearing to consider vacating the following as described below and depicted in Exhibit A, attached hereto, and consider the dedication of property in the attached Exhibit B, will be held before City Council of the City of Pasco in the Council Chambers at 525 N. Third Avenue, Pasco, Washington at the hour of 7:00 p.m., on the 16th day of June 2025: Legal Description for portion of North Utah Ave and East Salt Lake St proposed to be vacated: That portion of North Utah Ave and E Salt Lake St right-of-way of said Lot 1, Block 18 of Frey's Addition to Pasco according to the plat thereof recorded in Volume "B" of plats at page 16, records of Franklin Co, Washington being described as follows: Thence South 19°50’21” East along the Easterly Right-of-Way line of said North Utah Avenue as shown in said “Frey’s Addition to Pasco”, 300.04 feet to the Westerly Extension of the Northerly Right-of-Way line of Duluth Street as shown in said “Frey’s Addition to Pasco”; Thence South 70°09’53” West along said Westerly extension, 10.00 feet to point 10.00 feet from when measured at right angles to the original Easterly Right-of- Way line of said North Utah Avenue; Thence North 19°50’21” West parallel with and 10.00 feet from when measured at right angles to the original Easterly Right-of-Way line of said North Utah Avenue, 285.05 feet; Thence along the arc of a 25.00 foot radius tangent curve to the right, the long chord of which bears North 25°09’16” East for a chord distance of 35.35 feet through a central angle of 89°59’13” for an arc distance of 39.26 feet to a point 10.00 feet from when measured at right angles to the original Southerly Right-of-Way of East Salt Lake Street, 440.40 feet; Thence along the arc of 25.00 foot radius tangent curve to the right, the long chord of which bears South 83°17’13” East for a chord distance of 22.36 feet through a central angle of 53°07’48” for an arc distance of 23.18 feet to the original Southerly Right-of-Way line of East Salt Lake Street; Thence South 70°08’52” West along the original Southerly Right-of-Way line of East Salt Lake Street, 475.39 feet to the POINT OF BEGINNING; Containing 7,660 square feet. Dedication legal for portion of North Wehe Ave: Page 204 of 409 Resolution – Setting PH for ROW Vacation (VAC 2024-004) - 3 Thence South 19°51’10” East along the Easterly line of said Lot 1 and the Southerly extension thereof, 97.71 feet to the East line of said Southeast Quarter, Southeast Quarter; Thence South 00°47’42” East along the East line of said Southeast Quarter of the Southeast Quarter, 214.19 feet to the Easterly extension of the Northerly Right-of- Way line of Duluth Street as shown in said “Frey’s Addition to Pasco”; Thence South 70°09’53” West, along said Easterly Extension, 31.34 feet to a point 30.00 feet from when measured at right angles to the East line of said Southeast Quarter of the Southeast Quarter; Thence North 00°47’42” West, parallel with and 30.00 feet from when measured at right angles to the East line of said Southeast Quarter of the Southeast Quarter, 293.05 feet; Thence along the arc of a 25.00-foot radius tangent curve to the left, the long chord of which bears North 28°45’31” West for a chord distance of 23.45 feet through a central angle of 55°55’37” for an arc distance of 24.40 feet to the Northerly line of said Lot 1; Thence North 70°08;52” East along the Northerly line of said Lot 1, 9.62 feet to the POINT OF BEGINNING; Containing 7,967 square feet. Be It Further Resolved, that the City Clerk of the City of Pasco give notice of said public hearing as required by law. Be It Further Resolved, that the City Council will decide whether to waive the requirements for an appraisal, title report, and compensation after the June 16, 2025, public hearing. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington, on this 19th day of May 2025. David Milne Mayor Pro Tem ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 205 of 409 Page 206 of 409 Page 207 of 409 Vacation of Streets, Alleys, Access Easements (PMC 12.40) Applicants wish to vacate a portion of Right-of-Way along North Utah Avenue and East Salt Lake Street, in Pasco, Washington. •Initiated by Resolution or Petition signed by owners •Public Hearing Required Criteria (PMC 12.40.070) (1) The vacation shall not adversely affect traffic accessibility and circulation within the immediate area or within the City as a whole; (2) The right-of-way is not contemplated or needed for future public use; (3) No abutting property will become landlocked, or its access substantially impaired; and (4) The public needs shall not be adversely affected, and the vacation will provide a public benefit or serve a public purpose. VAC 2024-004 Orion HS South ROW Vacation Pa g e 2 0 8 o f 4 0 9 VAC 2024-004 Orion HS South ROW Vacation Per PMC 12.40 the City Council shall use the following criteria for approval of the petition: 1.The vacation shall not adversely affect traffic accessibility and circulation within the immediate area or within the City as a whole; 2.The right-of-way is not contemplated or needed for future public use; 3.No abutting property will become landlocked, or its access substantially impaired; 4.The public needs shall not be adversely affected and the vacation will provide a public benefit or serve a public purpose. Pa g e 2 0 9 o f 4 0 9 Proposed Orion HS South ROW Vacation Pa g e 2 1 0 o f 4 0 9 AGENDA REPORT FOR: City Council June 11, 2025 TO: Dave Zabell, Interim City Manager City Council Regular Meeting: 6/16/25 FROM: Angela Pashon, Assistant City Manager City Manager SUBJECT: Resolution No. 4616 - Consideration of Waiver Related to PMC Section 9.40.020(e) for Special Event Application No. 44023 (5 minute staff presentation) I. ATTACHMENT(S): Resolution Letter from applicant PMC 9.40.020 II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4616, authorizing the limited use of event special for Park Memorial area designated a within liquor at application No. 44023. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: City staff received a Special Event Application for a public event proposed to be held at Memorial Park. The application includes a request to host a beer garden as part of the event. In reviewing the application, staff from the Parks and Recreation Department identified that the proposed inclusion of alcohol service falls under the purview of Pasco Municipal Code (PMC) Section 9.40.020 – Consumption within park and recreation facilities prohibited without permit. Code Requirements PMC 9.40.020 sets forth specific conditions under which alcohol may be permitted within park and recreation facilities. Subsection (e) stipulates that if an event includes the service of alcohol in such a facility, the event must either: Page 211 of 409  Be private and limited to invitees only; or  If open to the public, receive a waiver granted by City Council via resolution, provided that special circumstances exist and that adequate planning has been demonstrated to safely accommodate the anticipated attendees. Staff notes if this was a private event, the inclusion of a beer garden would be permittable without Council waiver. Compliance and Staff Review City staff has reviewed the submitted application and determined that the applicant has satisfied all other requirements, including but not limited to:  Submission of valid banquet permit from the Washington State Liquor and Cannabis Board  Payment of rental fees, including the required 50% premium over standard rental rates  Proof of insurance, including liquor liability coverage  A signed indemnification agreement holding the City harmless for any injuries or damages  Security deposit to cover post-event cleanup and any potential damages  Submission of a comprehensive safety plan  Confirmation from the Chief of Police that adequate security, traffic, and law enforcement provisions have been made  Demonstrated compliance with applicable fire codes and safety regulations While the applicant has agreed to all operational and liability provisions, because PMC under requirement the public, is to open event the the 9.40.020(e) for a Council waiver applies. V. DISCUSSION: A draft resolution proposing the waiver of PMC 9.40.020(e) was presented to the City Council during its Workshop on June 9, 2025. Staff now seeks formal Council action to approve the resolution, thereby authorizing the service of alcohol at the proposed public event in Memorial Park. If Council does not approve the resolution, the special event permit will be issued with the exclusion of the beer garden element. Page 212 of 409 Resolution – Wavier for Special Event App. No. 44023 - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE LIMITED USE OF LIQUOR WITHIN A DESIGNATED AREA AT MEMORIAL PARK FOR SPECIAL EVENT APPLICATION NO. 44023. WHEREAS, the Pasco Municipal Code (PMC) Section 9.40.020(e) provides that the City Council may, by resolution, waive the requirement that issuance of rental permit for a City park or recreation building where liquor is open, consumed, possessed, or displayed is to be limited to either invite specifically named individuals or actual members of the applicant’s organization; and WHEREAS, the 2025 Pride Festival is scheduled to take place at Memorial Park in the City of Pasco and the event organizers have requested authorization to include a designated beer garden as part of the permitted activities; and WHEREAS, the City Council desires to ensure the safety, accessibility, and responsible use of City property, and therefore, wishes to waive requirement for the use of the designated area under specified conditions. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That authorization is hereby granted for the possession and consumption of alcohol in a designated area at Memorial Park during on June 22, 2025, in accordance with the provisions of Pasco Municipal Code Section 9.40.020. Be It Further Resolved, that the Parks and Recreation Director is authorized to issue the necessary facility rental permit for the event and to establish all terms and conditions related to alcohol service, including but not limited to security, insurance, sanitation, and compliance with applicable state and local regulations. Be It Further Resolved, that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 213 of 409 Statement for Rental Permit Waiver Alcohol at Public Event To Whom It May Concern, This letter is to affirm that the Tri-Cities Pride Festival, scheduled for June 22, 2025, at Memorial Park, is a public community event intended to celebrate and support the LGBTQIA+ community in the Tri-Cities region. We respectfully request a waiver of the requirement that attendance be limited to named individuals or members of the hosting organization, pursuant to Pasco Municipal Code 9.40.020 , due to the nature of this being an inclusive public celebration that is open to all members of the community. Purpose of the Beer Garden: The inclusion of a designated beer garden is intentional and meaningful. It provides a casual, social atmosphere for adult attendees to relax, connect, and enjoy local offerings in a setting that promotes community and inclusion. Events like ours aim to reflect the diverse ways people celebrate Pride-from family activities to food, music, and shared spaces where adults can gather responsibly. Additionally, having a controlled and licensed beer garden allows us to: - Support a local small business (CG Public House), which is licensed and equipped to handle beverage service. - Maintain a safe and well-monitored environment where alcohol consumption is limited to a single, secure space. - Meet the expectations of adult attendees who are accustomed to this feature at other public Pride festivals nationwide. Safety and Logistical Provisions, the beer garden area will be: - Hosted and managed by CG Public House, a licensed local catering company with full liquor Licensing. - Fenced off, with ID checks and professional security at the entrance. - Located near restrooms for convenience and away from the children's area to ensure proper separation. - Both Tri-Cities Pride and CG Public House carry adequate insurance coverage, including liquor liability coverage. Page 214 of 409 - We have hired professional security to monitor the beer garden and festival grounds throughout the event. - All required documentation to support this request has already been submitted to the appropriate city departments. We appreciate your consideration of this waiver and are happy to provide any additional documentation or clarification needed. Sincerely, A'isha Martin President, Tri-Cities Pride Page 215 of 409 9.40.020 Consumption within park and recreation facilities prohibited without permit. (1) It is unlawful to open a package containing liquor, or to possess or display an open container of liquor or to consume liquor in any City park or recreation buildings, facility or structures within the City without a current rental permit issued by the City. A rental permit may be issued upon application for such rental permit from the Administrative and Community Services Director of the City of Pasco or his designee. Such rental permit may be issued on the following conditions: (a) The applicant must produce evidence that he has a banquet permit from the Washington State Liquor Control Board; (b) Payment of rent in an amount 50 percent higher than the regular rental fee; (c) The applicant deposits a sum determined by the Administrative and Community Services Director to be sufficient to insure proper performance of cleanup by the applicant subsequent to the event for which the banquet and rental permit is issued and for payment of damages; (d) The applicant furnishes to the City evidence that he has in full force and effect a liability insurance policy that includes liquor liability, in such amounts and coverages as prescribed by the City’s insurer covering any bodily injury or property damage arising out of or in any way connected with the use of the City facility by the applicant. A surety bond approved by the City in the same amounts may substitute for insurance; (e) The applicant must affirm in writing that the attendance at the function for which the rental permit is issued is not pursuant to a general invitation to the public, but pursuant to invitations to either specifically named individuals or to actual members of the applicant’s organization; provided, that the City Council may waive this requirement by resolution upon a showing by the applicant that special circumstances exist which would merit such waiver, and that adequate provisions have been made to accommodate the anticipated number of persons who attend the function for which the rental permit is issued; (f) The applicant agrees that he or she will save the City of Pasco harmless from all losses or damage occasioned to him or her or to any third person or party by reason of any act or omissions of the applicant or anyone using the premises pursuant to the rental permit. He or she shall, after reasonable notice thereof, pay the expense of any suit which may be commenced against the City of Pasco by any third person alleging injury or loss by reason of such acts; (g) The applicant shall furnish written confirmation from the Chief of Police of the City of Pasco that adequate provision has been made by the applicant for police, security, and traffic control, considering the type of activity purposed by the applicant; (h) The applicant shall comply with all applicable fire codes and regulations. Ch. 9.40 Intoxicating Liquor | Pasco Municipal Code Page 1 of 2 The Pasco Municipal Code is current through Ordinance 4766, passed May 5, 2025. Page 216 of 409 The Pasco Municipal Code is current through Ordinance 4766, passed May 5, 2025. Disclaimer: The City Clerk’s office has the official version of the Pasco Municipal Code. Users should contact the City Clerk’s office for ordinances passed subsequent to the ordinance cited above. City Website: www.pasco-wa.gov City Telephone: (509) 544-3080 Hosted by General Code. (2) Any person violating this section shall be guilty of a Class 3 civil infraction and subject to the penalties imposed thereon by law. [Ord. 3757 § 1, 2006; Ord. 3495 § 1, 2001; Ord. 2333 § 1, 1982; Code 1970 § 9.20.020.] Ch. 9.40 Intoxicating Liquor | Pasco Municipal Code Page 2 of 2 The Pasco Municipal Code is current through Ordinance 4766, passed May 5, 2025. Page 217 of 409 AGENDA REPORT FOR: City Council June 11, 2025 TO: Dave Zabell, Interim City Manager City Council Regular Meeting: 6/16/25 FROM: Eric Ferguson, City Attorney City Manager SUBJECT: Resolution No. 4617 - Amendment to Interlocal Agreement with the Pasco School District Related to School Impact Fees (1 minute staff presentation) I. ATTACHMENT(S): Proposed Resolution ILA Amendment Original Resolution No. 3379 and ILA for School Impact Fees II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4617, authorizing the Interim City Manager to execute an Amendment to the Interlocal Agreement Between Pasco School District No. 1 and the City of Pasco for the implementation of School Impact Fees. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: Interlocal an approved Council Meeting, the 2012, 5, March At Council Agreement (ILA) with the Pasco School District for the implementation of school impact fees via Resolution No. 3379. After the presentation by Pasco School District at the April 14, 2025, Workshop Meeting of their recently amended and adopted Capital Facilities Plan, it was determined that the impact fee schedule will require adjustment by the City. Additionally, the ILA will have to be amended due to the specific amounts of the impact fee being enumerated in the agreement. V. DISCUSSION: Page 218 of 409 Staff would welcome Council discussion on this matter. Page 219 of 409 Resolution – Amendment to PSD ILA for School Impact Fees - 1 RESOLUTION NO. ____ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE INTERIM CITY MANAGER TO EXECUTE AN AMENDMENT TO THE INTERLOCAL AGREEMENT BETWEEN THE PASCO SCHOOL DISTRICT NO. 1 AND THE CITY OF PASCO FOR THE IMPLEMENTATION OF SCHOOL IMPACT FEES. WHEREAS, RCW 39.34, INTERLOCAL COOPERATION ACT, authorizes political subdivisions to jointly exercise their powers, privileges, or authorities with other political subdivisions of this State through the execution of an interlocal cooperative or interagency agreement; and WHEREAS, on March 5, 2012, City Council approved Resolution No. 3379 authorizing an Interlocal Agreement for the implementation of school impact fees with the Pasco School District (PSD); and WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that it is in the best interest of the City of Pasco to enter into an amendment to the interlocal agreement related to the implementation of school impact fees with the Pasco School District No. 1. 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 Amendment to the Interlocal Agreement between the Pasco School District 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 Interim 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 220 of 409 Resolution – Amendment to PSD ILA for School Impact Fees - 2 PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 221 of 409 Amendment to Interlocal Agreement between City of Pasco and Pasco School District No. 1 This Amendment to Interlocal Agreement (the “Amendment”) is entered into as of ______________ ___, 2025, to amend that Interlocal Agreement, dated March 13, 2012 (the “Interlocal Agreement”), executed between the City of Pasco (the “City”) and Pasco School District No. 1 (the “District”) WHEREAS, the City collects school impact fees on behalf of the District as authorized under RCW 82.02.050 through 82.02.100 and pursuant to Chapter 3.45 of the Pasco Municipal Code as created by Ordinance 4046 (the “School Impact Fee Ordinance”); and WHEREAS the Interlocal Agreement sets forth the duties and responsibilities of the parties with regard to implementation of the school impact fee program; and WHEREAS, pursuant to the School Impact Fee Ordinance, the District submits an updated Capital Facilities Plan to the City every two years that includes, among other things, the calculation of school impact fees; and WHEREAS, the school impact fees calculated in the District’s updated Capital Facilities Plan serve as a basis for the City’s assessment of school impact fees pursuant to the School Impact Fee Ordinance; and WHEREAS, while the Interlocal Agreement recognizes that the City will modify the school impact fee schedule to reflect the schedule provided in any updated Capital Facilities Plan submitted by the District, a separate section of the Interlocal Agreement specifies certain fee amounts to be collected by the City from residential developers; and WHEREAS, the City and the District wish to amend the Interlocal Agreement to address the internal inconsistency therein and clarify the City’s ability to modify the school impact fee schedule. NOW, THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS HEREIN CONTAINED, THE INTERLOCAL AGREEMENT IS AMENDED AND SUPPLEMENTED AS FOLLOWS: SECTION 1. Section 2(H) of the Interlocal Agreement is hereby amended as follows: Collect from developers the school impact fee amount as set forth in the school impact fee schedule adopted by the City. of $4,700 for each single family residence and $4,525 for each multifamily unit, and remit to the District the sum of $4,683 for each single family residence and $4,525 with the difference retained by tThe City may retain a percentage of the school impact fee, not to exceed 5% of the school impact fee amount, to offset the costs Page 222 of 409 of administration of the School Impact Fee program. In the event of an adjustment to the school impact fee, this provision shall likewise be amended by mutual agreement of the parties. SECTION 2. Except as provided above, the Interlocal Agreement shall remain in full force and effect. IN WITNESS WHEREOF, the parties hereto have executed this Amendment as of the year and date set forth above. CITY OF PASCO, WASHINGTON PASCO SCHOOL DISTRICT NO. 1 ____________________________ _____________________________ Pete Serrano, Mayor Michelle Whitney, Superintendent Attest: ____________________________ Debby Barham, CMC City Clerk Approved as to Form: ____________________________ Kerr Ferguson Law, PLLC City Attorneys Page 223 of 409 RESOLUTION NO. .33'71 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING AN INTERLOCAL AGREEMENT WITH PASCO SCHOOL DISTRICT NO. 1 FOR THE ASSESSMENT OF SCHOOL IMPACT FEES WHEREAS, the City Council of the City of Pasco, Washington, has determined it to be in the best interest of the citizens of the City of Pasco to enter into an Interlocal Agreement with Pasco School District No. 1, for the collection, administration and disbursements of school impact fees; and WHEREAS,the City Council is contemporaneous with this Resolution approving school impact fees, adopting an Ordinance condition thereon, establishing school impact fees based upon the capital facilities plan prepared by the District demonstrating their need and reasonable calculation of a school impact fee;NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1. The City Council of the City of Pasco, Washington, does approve and adopt the Interlocal Agreement between the City of Pasco and Pasco School District No. 1. Section 2. The Mayor is authorized to sign the attached nullful Agreement between the City of Pasco and the Pasco School District attached hereto as Exhibit A. PASSED by the City Council of the City of Pasco this —!77 day of rC 2012. CITY OF PASCO: Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: h De ra L. Clark, City Clerk Leland B. Kerr, City Attorney Page 224 of 409 Exhibit A WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd Pasco WA 99301 INTERLOCAL AGREEMENT Between CITY OF PASCO and PASCO SCHOOL DISTRICT NO. 1 THIS INTERLOCAL AGREEMENT is made and entered into this _ day of 2012, by and between the City of Pasco, Washington, a Municipal Corporation, hereinafter referred to as "City" and the Pasco School District No. 1, hereinafter referred to as "District." WHEREAS, the City has been empowered by State law to provide for the division of real property for the purpose of residential housing, which such plans provide adequate provisions for schools and other public facilities. The City is likewise empowered through the Growth Management Act (Chapter 36.70A RCW) to provide public facilities and infrastructure to be in place to meet the demands of new population growth, and by authorization by RCW 82.02.050 through 82.02.100 to access impact fees on the development activities as part of the financing for public facilities to serve the needs of a growing population; and WHEREAS, the District has experienced extraordinary increases in its student enrollment as determined by letter of January 11, 2011. that the District does not have space in its schools to serve families from new developments within the City and, therefore, cannot assure that there are adequate school facilities to serve the demands incident to new developments within the City without additional new sources for funding new schools; and WHEREAS, the District has adopted on December 13, 2011, its 2011-2017 revised Pasco School District Capital Facilities Plan which incorporates funding in part through the assessment of a school impact fee by the City; and lnterlocal Agreement City/ Pasco School District No. 1 - 1 Page 225 of 409 WHEREAS, the District has requested the City adopt the District's capital facilities plan as a part of the City's comprehensive plan; and WHEREAS, the City has conducted public meetings and hearings before its Planning Commission and the City Council regarding the District's request as a portion of the City's update of its comprehensive plan; and WHEREAS, as a condition of its adoption of the District's capital facilities plan as a part of the City's comprehensive plan and the assessment of impact fees as provided under that plan, the parties desire to enter into an Interlocal Agreement to set forth the duties and responsibilities of the parties with regards to implementation of the school impact fee program, as well as indemnification responsibilities for any legal challenges to that program. NOW, THEREFORE, in consideration of the mutual promises and covenants contained herein, the parties agree as follows: 1. Responsibilities of the District. The District shall by its authorized representative, to agree to the following terms and conditions upon the City's adoption of a School Impact Fee Ordinance: A. Submit the board adopted Pasco School District No. 1 Capital Facilities Plan 2011-2017 for inclusion within the City's Comprehensive Plan 2012 amendments warranting the factual sufficiency thereof, and its compliance with applicable laws. B. Submit information, evidence and testimony to the City to support the adoption of a School Impact Fee Ordinance with the assessment and collection of school impact fees, including the District's_ capital facilities plan, proposed impact fee schedule, and any other information required by the City's Ordinance. C. At least once every two years, submit to the City a six-year capital facilities plan or an update of the previously adopted plan, together with impact fee schedules which meet the requirements of Washington law and the City's School Impact Fee Ordinance commencing on April 15, 2014. This shall include a report on school impact fees, and the School Impact Fee accounts showing the source and amount of all monies collected, earned, or received, and the public improvements that were financed in whole or in part by the impact fees. Following receipt by the City of the District's subsequent capital facilities plan or updates thereto, the parties shall meet in a good faith effort to Interlocal Agreement City/ Pasco School District No. 1 -2 Page 226 of 409 evaluate the School Impact Fee Program, determine adjustments, if any, to the school impact fee, and the role of each party in defending changes in the capital facilities plan and adjustments to the school impact fee as provided in Section 4 below. D. Establish and maintain a procedure for receipt and processing of requests for adjustments, refunds or waivers, or appeals of the school impact fees including the determination of the value of dedication of lands for, improvements to, or new construction of any system improvements provided by the fee payer to the District. The District shall hear, consider, and comment to the City, for its consideration any applications for adjustment of the impact fees for any project based upon studies, data, calculations, and reports provided by the Developer; any requests for adjustment of the standard impact fee necessary to address unusual circumstances to void the impact fees being imposed unfairly. The District's final determination on such requests shall be transmitted to the City which may rely upon such determinations and the issuance of any permits for development activities. The District shall be responsible for defending the school impact fee including the District's responsibilities as set forth herein regardless of whether an appeal of the school impact fee is filed with an appeal of the underlying permit. E. Establish and maintain School Impact Fee accounts as required by RCW 82.02.070, and PMC Chapter 3.133 (School Impact Fee Ordinance), and administer such fees and provide the City with all required notices. F. Properly expend and account for impact fees as required by RCW 82.02.050(4) and RCW 82.02.070(2). Such funds shall be used for public facilities improvements that will reasonably benefit the new development; and shall not be imposed to make up the deficiencies in the facilities serving the existing developments; and shall not be used for maintenance or operation. G. Impact fees may be spent for improvements, including but not limited to, facility planning, land acquisition, site improvements, necessary offsite improvements, construction, engineering, architectural, permitting, financing, grant matching funds and administrative expenses, applicable impact fees or mitigation costs, capital equipment pertaining to public facilities, and any other expenses which can be capitalized and are consistent with the capital facilities plans adopted by the City's amended comprehensive plan. H. Impact fees may also be used to recoup public facility improvements costs previously incurred to the extent that new growth and development will be served by the previously constructed improvements or incurred costs. Interlocal Agreement City/ Pasco School District No. 1 -3 Page 227 of 409 I.In the event that bonds or similar debt instruments are or have been issued for the construction of public facilities or system improvements for which impact fees may be expended, impact fees may be used to pay debt service on such bonds or similar debt instruments to the extent that the facilities or improvements provided are consistent with the requirement of this section, and are used to serve the new development. Public facilities plans causing impact fees for the purpose of assisting in the new provision of capital facilities or facility systems must clearly differentiate between funds used for new improvements and those funds used to correct existing deficiencies. J.Encumber and expend impact fees only as required in RCW 82.02.070(3) and where the District has extraordinary and compelling reasons for noncompliance with this statute, the District shall identify such reasons in written findings delivered to the City Council. K. Notify property owners of refunds available under RCW 82.02.080 and the processing and payment of any such refunds, together with any interest which may be due. L. Review and approve as to form, all covenants and declaration of restrictions as these documents are required by the School Impact Fee Ordinance to maintain exceptions from payment of school impact fees. In the event that such covenants and/or declarations of restrictions are violated, the District shall have the primary responsibility for enforcement. M. Maintain all accounts and records necessary to ensure compliance with this Agreement, the School Impact Fee Ordinance, and Chapter 82.02 RCW. N. If the City adopts impact fees in the amounts recommended by the District as part of the District's board adopted capital facility plan, and any updates thereto, the District shall not impose, in addition to the School Impact Fee, a mitigation fee provided by Ch. 43.21C RCW (SEPA) to assure that appropriate provisions are made for schools and school grounds incident to residential property development. 2. Responsibilities of the City. The City, by and through its authorized representatives, agree to : A. Enact a School Impact Fee Ordinance in a form approved by the District, and attached as Exhibit A, to be effective on April 16,2012. Interlocal Agreement City/ Pasco School District No. 1 -4 Page 228 of 409 B. Amend its comprehensive plan including the adoption of the District's Capital Facilities Plan 2011-2017, and such amendments as may be provided thereafter, including modifications of the school impact fee schedule, provided that such facilities plan, amendments and fee schedule are consistent with the law. C. As a portion of permitting development activities, the City shall: 1) Determine whether or not the residential development activity in the City is exempt from payment of the school impact fee as provided in that Ordinance. 2) Ensure that applicants for residential development activities have paid school impact fees in accordance with the fee schedules established hereby, and subject to credits, adjustments, and exemptions approved by the District prior to the issuance of any residential development activity permit. D. Establish and maintain a school impact fee fund into to which all school impact fees shall be deposited subject to monthly disbursement of such funds to the District. A report with the name of the person(s) or business entity that paid the school impact fee(s) and the addresses of the residential developments for which the fees were paid shall be sent to the District with notice of the monthly disbursement amount. E. In the event the District fails to enforce such covenants or restrictions required in Section I.L. above, the City may enforce covenants or declarations and restrictions within the City which have been executed and recorded as a condition of an exemption of a development activity from school impact fees. When enforcement actions are appropriate, the City shall advise the District of such potential enforcement action, and the District shall determine whether to request that the City take enforcement action. Determinations for such actions shall be within the sole discretion of the City. F. Provide timely notification and acceptance of tender by the District of a judicial or administrative appeal of the school impact fees. G. Annually, following the report of the District, the City shall provide a report on the school impact fee accounts as required by RCW 82.02.070(1), detailing the fees received and the system improvements, financed in whole or in part by the fees. Interlocal Agreement City/ Pasco School District No. 1 - 5 Page 229 of 409 H. Collect from developers the school impact fee of$4,700 for each single family residence and $4,525 for each multifamily unit, and remit to the District the sum of$4,683 for each single family residence and $4,525 for each multifamily unit with the difference retained by the City to offset the costs of administration of the School Impact Fee program. In the event of an adjustment to the school impact fee, this provision shall likewise be amended by mutual agreement of the parties. I.The City shall review and consider subsequently adopted capital facilities plans or updates thereto, including impact fee schedules and a meeting with the District as provided in Section I.C. above. 3. Audit. A. The District's records and documents with respect to all matters covered by this Agreement shall be subject to inspection, review or audit, by the City or by other appropriate State agencies. B. The District agrees to cooperate with any monitoring or evaluation activities conducted by the City that pertain to the subject of this Agreement. The District agrees to allow the City or appropriate State agencies and/or any of their employees, agents or representatives, to have full access to and the right to examine, audit, make excerpts or transcripts, and copies of documents during normal business hours, all of the District's records with respect to all matters covered by this Agreement The City shall provide the District no less than thirty (30) calendar days advance notice of its intent to conduct a physical audit. 4. Indemnification and Hold Harmless. A. The District is a separate municipal corporation, with the authority to adopt its capital facilities plan and to spend the school impact fees collected from the City from property owners/developers in the City. The District acknowledges that because the District gathers, collects, creates and interprets the data used to develop its capital facilities plan, that the District, not the City, is in the best position to ensure that is capital facilities plan conforms to the authorizing statutes and all other applicable law. The District further acknowledges that because the District will make its own discretionary decisions about how to spend the school impact fees from the City, that the District, not the City, is in the best position to ensure that its related actions conform to the authorizing statutes and all other applicable laws. With this in mind, the parties have agreed to indemnify the other as follows: Interlocal Agreement City/ Pasco School District No. I -6 Page 230 of 409 1) The District shall, at its own costs and expense, protect, defend, indemnify and hold harmless the City, its officers, employees and agents from any and all costs, claims, judgments or awards of damages, including attorneys' fees and expert witness fees, arising out of or in any way resulting from the acts or omissions of the District, its officers, employees or agents, relating to the District's implementation of the school impact fee program, performance of the duties set forth in Section 1 of this Agreement, or compliance with the School Impact Fee Ordinance, the authorizing statutes or applicable law, shall as may be amended from time to time. This indemnification by the District of the City includes, but is not limited to: a) The District's responsibility to refund any fees with interest, which are determined by a Court of competent jurisdiction to have been improperly paid, regardless of whether the City erroneously imposed and collected the school impact fee amount; b) The District's agreement not to impose any liability on the City for the City's failure to collect the proper fee amount or any fee from an applicant conducting a development activity, provided that the City shall make reasonable attempts to collect such fee. B. The District shall, at its own costs and expense, protect, defend, indemnify and hold harmless the City, its officers, officials, employees and agents, from any and all costs, claims, judgments or awards of damages, including attorneys' fees and expert witness fees, resulting from any challenge to the constitutionality or legality of the School Impact Fee Ordinance or the fee schedule or determination for any individual permit application. Once the District assumes defense or any appeal relating to the School Impact Fee Ordinance, fee schedule or individual determination, the District shall not be responsible to reimburse the City for any of the City's attorneys' fees or litigation costs incurred thereafter. C. The District further agrees that the District shall, at its own cost and expense, defend, indemnify and hold harmless the City, its officers, officials, employees, and agents from any and all costs, claims, judgments or awards of damages, including attorneys' fees or expert witness fees arising out of or in any way resulting from the District's failure to refund impact fees, or interest on such impact fees, including but not limited to a determination that impact fees from development activity that was not completed are not refundable because the funds were expended or encumbered by the District, Interlocal Agreement City/ Pasco School District No. 1 -7 Page 231 of 409 whether or not the District's determination was made in good faith; provided, however, that once the District assumes defense of any such claim or action the District shall not be responsible to reimburse the City for any of the City's attorneys'fees or litigation costs thereafter. D. The City shall, at its own cost and expense, protect, defend, indemnify and hold harmless the District, its officers, employees, or agents from any and all cost, claims, judgments, awards, attorneys' fees or expert witness fees arising out of or in any way resulting from the acts or omissions of the City, its officers, officials or employees relating to the performance of the City's responsibilities required by State statute, the Pasco Municipal Code, or as set forth in Section 2 of this Agreement. If the City relies upon the information provided by the District initially or annually in the adoption of a School Impact Fee Ordinance or any subsequent fee schedule, the City shall not be required to defend any appeal or challenge to the District's information data, use of school impact fees, calculation of fees or decisions on reconsideration/appeal. Once the City assumes defense of any claim or action, the City shall not be responsible to reimburse the District for any of the District's attorneys' fees or litigation costs incurred hereunder. E. In the event either party shall receive notice of a claim, litigation, or an administrative appeal arising out of the obligations from indemnification as provided above, immediate written notice shall be provided to the other party and providing for a meeting with the co-administrators as provided in Section I I below, or their designee, to confer regarding the defense of any such claim, litigation or appeal, and determine cooperative efforts to assist in its defense and resolution, including good faith negotiations regarding the manner in which the defense and the cost for such defense will be borne by each party. F. The duties of the parties to each other under this Section shall not be diminished or extinguished by the prior termination of this Agreement, pursuant to Section 5. 5. Effective Date and Termination. A. The effective date of this Agreement shall be B. Either party may terminate this Agreement, without cause, in whole or in part, upon six months advance written notice which such termination becoming effective upon the repeal or invalidation of the City's School Impact Fee Ordinance. All other obligations under this Agreement shall remain in effect until both of the following conditions have been satisfied: Interlocal Agreement City/ Pasco School District No. 1 - 8 Page 232 of 409 1) The City or the District provides written notice that this Agreement is being terminated; and 2) The District no longer retains unexpended or unencumbered impact fees and interest earned thereon. The obligations under Section 4, Indemnification, shall be continuing and shall not diminish or be extinguished by the termination of this Agreement. C. The District shall have the duty to ensure that upon termination of this Agreement, any remaining unexpended or unencumbered impact fees and interest earned thereon are either properly expended or refunded as required by law. D. Nothing herein shall limit, waive, or extinguish any right or remedy provided by this Agreement or by law that either party may have in the event that the obligations, terms and conditions set forth in this Agreement are breached by the other party. 6. Modification. No changes or modifications to this Agreement shall be valid or binding upon either party unless such changes or modifications are in writing and executed by both parties. 7. Integration. This Agreement, together with the School Impact Fee Ordinance and any definitions adopted by the City to implement the Ordinance, contains all of the terms and conditions agreed upon by the parties. No other understandings, oral or otherwise, regarding the subject matter of this Agreement shall be deemed to bind either party. S.Severability. In the event that any term or condition of this Agreement or the School Impact Fee Ordinance, or application of either to any person or circumstances is held invalid, such invalidity shall not affect other terms, conditions or applications of this Agreement which can be given effect without the invalid term, condition of application. To this end, the terms and conditions of this Agreement are declared severable. 9.Right of Other Parties. It is understood and agreed that this Agreement is solely for the benefit of the parties hereto and conveys no right to any other party. 10. Disputes. In the event of a dispute arising between the parties regarding the enforcement, breach, or interpretation of this Agreement, the District's Superintendent and the City's City Manager shall first meet in a good faith effort to resolve the dispute, however, with or without agreed meditation. Any remaining Interlocal Agreement City/ Pasco School District No. 1 - 9 Page 233 of 409 dispute shall be resolved by binding arbitration pursuant to RCW 7.04A, and the Mandatory Rules of Arbitration, with venue placed in Franklin County, Washington, and the arbitrator shall award to the substantially prevailing party, judgment for its attorney fees and costs against the other. In the event of de nova review, both parties waive their rights to a jury trial. 11. Interlocal Agreement Provisions. This Agreement is entered into pursuant to RCW 39.34 as an interlocal agreement between the parties. It is not intended that a separate legal entity shall be established to conduct the cooperative undertaking nor it the acquiring or holding or disposing of real personal property anticipated. This City's City Manager and the District's Superintendent are designated as co-administrators of this Agreement. This Interlocal Agreement shall be filed or placed on the City's and the District's website as provided by RCW 39.34. 12. Waiver. Waiver of any default in the performance of this Agreement shall not be deemed to be a waiver of any subsequent default. Waiver of breach of any provision of this Agreement shall not be deemed to be a waiver of any other or subsequent breach and shall not be construed to be a modification of this Agreement. IN WITNESS WHEREOF, the undersigned has full authorization on behalf of the parties,have executed this Agreement on the year and date set forth above. CITY OF PASCO, WASHINGTON PASCO SCHOOL DISTRICT NO. 1 Matt Watkins, Mayor Sherry Lancon, President Atte t: 0-()a 10 2 Deb ie Clar , City Clerk Appro a to Form: Leland B. Kerr, City Attorney Interlocal Agreement City/ Pasco School District No. I - 10 Page 234 of 409 STATE OF WASHINGTON ) ss. County of Franklin On this day personally appeared before me Matt Watkins, Mayor of the City of Pasco, Washington, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. r GIVEN under my hand and official seal this _day of l ice`-- , 2012.o011#0111, S510N'•' i NOTARY PUBL nand for the State of W shington NOTARyN.= p Residing at: Ug 1 C My Commission Expires:7 STATVOPiv SHINGTON ) ss. County of Franklin On this day personally appeared before me Sherry Lancon, President of Pasco School District No. 1, to be known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 2012. NOTARY PUBLIC in and for the State of Washington Residing at: My Commission Expires: Interlocal Agreement City/ Pasco School District No. I - I I Page 235 of 409 AGENDA REPORT FOR: City Council June 12, 2025 TO: Dave Zabell, Interim City Manager City Council Regular Meeting: 6/16/25 FROM: Richa Sigdel, Deputy City Manager City Manager SUBJECT: Ordinance No. 4774 - Amending the PMC Related to Pasco School District's School Impact Fees (5 minute staff presentation) I. ATTACHMENT(S): Presentation Proposed Ordinance Ordinance No. 4046 - School Impact Fees II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. 4774, related to School Impact Fees, amending certain provisions in Chapters 3.35 Pasco Municipal Code, and providing and, date, effective for and severability further, an authorize publication by summary only. III. FISCAL IMPACT: School Impact Fees are passed through to Pasco School District, hence no impact to the City. IV. HISTORY AND FACTS BRIEF: Cities and towns are authorized under Washington’s Growth Management Act (GMA), to establish impact fees for school facilities meeting certain conditions. To housing new of growth rapid by posed challenges the manage the developments, the Pasco School District (PSD) has proposed, and the City has enacted, school impact fees to address the impact of growth on the school system, with the intent to ensure that new development share in the cost of providing essential educational facilities by mitigating their impact on the capacity of District educational facilities. The legal framework for school impact fees is based on both state and local legislation. At the state level, the Growth Management Act (GMA) of 1990, sets Page 236 of 409 the foundation for managing development impacts. Additional state laws, such as the State Environmental Policy Act (SEPA) and the State Subdivision Act, along with specific impact fee provisions, provide the necessary regulatory framework. Locally, the City adopted Ordinance No. 4046 in 2012, which formalized the process for collecting impact fees within city limits. Pasco Municipal Code Chapter 3.45 and the Pasco School District's Policy 9223 also establish guidelines for how these fees are to be used and managed. The PSD maintains a Capital Facilities Plan (CFP) that outlines the expected costs for building new schools to accommodate the student population growth. This plan is updated regularly and submitted to both the City and Franklin County for review and adoption. Per its own regulations, the City is responsible for collecting impact fees from new residential developments within city limits. These fees are then allocated toward the construction of school facilities as outlined in the PSD's CFP. Impact Fee Rate: The School Impact Fee was adopted by Pasco City Council via Ordinance No 4046 on March 5, 2012, and became effective April 16, 2012. The fee is assessed at the time of permitting with the following rates (PMC 3.35.240):  Single-Family Residence: $4,700  Multifamily Residence: $4,525 V. DISCUSSION: Pasco School District presented to Council on April 14th Council Workshop meeting on significant changes to its Capital Facilities Plan. This change reduces the school impact fees for the single family residence from $4,700 to $0 and multifamily residence from $4,525 to $2,595. Completion of capacity projects included in the 2022 CFP (e.g., Three Rivers and Columbia River Elementary Schools, Sageview and Orion High Schools). Now that these schools are available to serve communities the school impact fees needed to decrease. To properly revise the impact fees, a specific process must be followed. First, the Interlocal Agreement (ILA) between the School District and the City needs to be updated, allowing both entities to revise the current fee rates. While the ILA revision isn't part of this agenda, it is scheduled for action concurrently. The final step involves the City adopting the new Capital Facilities Plan (CFP) into its Comprehensive Plan, which is scheduled for later this year. Page 237 of 409 June 16th, 2025 Pasco City Council Workshop Pa g e 2 3 8 o f 4 0 9 School Impact Fees January 27th, 2025 Pasco City Council Pa g e 2 3 9 o f 4 0 9 Amendment of Interlocal Agreement 3 Pa g e 2 4 0 o f 4 0 9 ILA Amendment 4 •References City’s fee schedule reducing the need for future ILA amendments •Revises the administrative fee for the City from $17/ single family residence to 5% of impact fee amount •Pasco School District will be acting on this item on June 24th , 2025 •Effective as of June 25th , 2025 Pa g e 2 4 1 o f 4 0 9 Impact Fee Update 5 Pa g e 2 4 2 o f 4 0 9 Current Fees: •Single Family Residence - $4,700 •Multifamily Residence - $4,525 School Impact Fees Update 6 Revised Fees: •Single Family Residence - $0 •Multifamily Residence - $2,595 Pa g e 2 4 3 o f 4 0 9 Pa g e 2 4 4 o f 4 0 9 Ordinance – Amending PMC 3.35.240 School Impact Fees - 1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING PASCO MUNICIPAL CODE SECTION 3.35.240 RELATING TO FEE SUMMARY SCHOOL IMPACT FEES TO REFLECT THE PASCO SCHOOL DISTRICT’S 2025 CAPITAL FACILITIES PLAN; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Pasco is authorized under the Washington Growth Management Act (GMA), Chapter 36.70A RCW, to collect impact fees to ensure new development pays a proportionate share of the cost of public facilities needed to serve such development; and WHEREAS, the City adopted Ordinance No. 4046 on March 5, 2012, creating PMC Chapter 3.45 and Section 3.35.240 to establish school impact fees in coordination with the Pasco School District (PSD); and WHEREAS, the PSD has updated its Capital Facilities Plan (CFP) in 2025, as required by City ordinance, to reflect current student enrollment projections and capacity needs; and WHEREAS, the 2025 CFP proposes a revision to the school impact fee schedule based on changes to the District’s facility needs and corresponding fee calculations, including the removal of completed elementary and high school projects and the addition of new middle school capacity needs; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That Section 3.35.240 entitled “School impact fees” of the Pasco Municipal Code is hereby amended to read as follows: 3.35.240 School impact fees. The school impact fee, together with administrative costs, shall be: Residential Development Type Fee Amount Reference Single-Family Residence $4,700.00 $0 3.45.040 Multifamily Residence $4,525.00 $2,595.00 3.45.040 [Ord. 4046, 2012; Code 1970 § 3.07.230.] Page 245 of 409 Ordinance – Amending PMC 3.35.240 School Impact Fees - 2 Section 2. Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this Ordinance. Section 3. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 4. Effective Date. This Ordinance shall take full force and effect on June 25, 2025 after approval, passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: _____________________________ Page 246 of 409 ORDINANCE NO. '4 6 L} AN ORDINANCE of the City of Pasco, Washington, Creating a New Chapter 3.133 "School Impact Fees"; and Creating a New Section 3.07.230 "School Impact Fees" WHEREAS, the City of Pasco is required by State law to determine that adequate provisions are made in each subdivision, short plat, and other division of property used for residential purposes, including the adequacy of schools and playgrounds; and WHEREAS, Pasco School District No. 1 has by letter of January 11, 2011, placed the City on notice that due to escalating student population, it is unable to accommodate additional students that are incident to new developments of residential housing and has by Resolution No. 809 adopted its Pasco School District Capital Facilities Plan demonstrating the need for additional classrooms to meet the anticipated demand of students residing within the new development areas of the City; and WHEREAS, the District has requested that its Capital Facilities Plan be adopted and incorporated as a public facilities within the City's Comprehensive Plan; and WHEREAS, the District's Comprehensive Plan provides for the imposition of an impact fee as permitted by law to offset in part the costs of school facilities necessary to meet a growing population; and WHEREAS, the City has amended its Comprehensive Plan with the adoption of the District's Capital Facilities Plan which, to effectuate, requires the implementation of additional source of funding through an impact fee to meet the demands for schools caused by new residential development; and WHEREAS, the Pasco Planning Commission has conducted public hearings to determine whether the City should adopt the District's Capital Facilities Plan as a part of its Comprehensive Plan, including the implementation of that Plan through an impact fee; and WHEREAS, the City Council after due consideration has adopted the Amended Comprehensive Plan incorporating the District's Capital Facilities Plan with impact fees as a means of implementation. NOW,THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Chapter 3.133 entitled "School Impact Fees" of the Pasco Municipal Code, shall be and hereby is created and shall read as follows: School Impact Fees Ordinance- 1 Page 247 of 409 Chapter 3.133 SCHOOL IMPACT FEES Sections: 3.133.010 Purpose. 3.133.020 Definitions. 3.133.030 Assessment of Impact Fees. 3.133.040 School Impact Fee Deferral Option. 3.133.050 Exemptions 3.133.060 Permitted Adjustments. 3.133.070 School Impact Fee Fund. 3.133.080 School Impact Fee Refunds. 3.133.090 Interlocal Agreement. 3.133.100 Annual Review. 3.133.010 PURPOSE. The City Council of the City of Pasco hereby finds that the City has sustained significant population growth and anticipates that growth to continue into the future. Pasco School District No. 1 has determined that it does not have sufficient resources to meet the students anticipated by this additional growth, and that a means by which this new growth should pay a proportionate share of the costs of developing new facilities is needed. Therefore, pursuant to RCW 82.02, the City Council adopts a school impact fee to address identified impacts of new residential development on schools and to ensure that new development bears a proportionate share of the costs of the capital expenditures necessary to meet demands for schools to serve the best interest of the citizens of the City of Pasco. The provisions of this Chapter shall be liberally construed in order to carry out the purpose of the Council in establishing a school impact fee. 3.133.020 DEFINITIONS. For purposes of this Chapter, the following terms shall have the indicated meanings: A) "Adjustment (A)" means a discretionary reduction in the school impact fee in an determined by the City and identified in Attachment A, taking into account the recommendation of the District and the need to adequately fund schools that are needed to serve forecast growth. B) "Boeckh index" is a construction trade index of construction costs for various kinds of buildings; it is adjusted annually. C) "Capacity" means the number of students the District's facilities can accommodate district-wide,based on the District's standard of service, as determined by the District. D) "Capital facilities plan" means the Pasco School District No. 1 Capital Facilities Plan 2011 -2017, and as hereafter amended. School Impact Fees Ordinance-2 Page 248 of 409 E) "Capital improvement" means land, improvements to land, structures and relocatable structures (including site planning, acquisition, design, permitting and construction), initial furnishings and selected equipment. Capital improvements have an expected useful life of at least ten (10) years. Other capital costs, such as motor vehicles and motorized equipment, computers and office equipment, office furnishings, and small tools are considered to be minor capital expenses and are not considered capital improvements. F) "City" means the City of Pasco. G) "Classrooms" means educational facilities of the District required to house students for its basic educational program. The classrooms are those facilities the District determines are necessary to best serve its student population. Specialized facilities are identified by 'the District, including but not limited to gymnasiums, cafeterias, libraries, administrative offices, and childcare centers, shall not be counted as classrooms. H) "Construction cost per student (CS)" means the estimated costs of construction of a permanent school facility listed in the District's capital facility plan divided by the number of students the school will serve for the grade span of school to be provided. Grade span means elementary school,middle school and high school. I)Developer"" means the person or entity who owns or holds purchase options or other development control over property for which development activity is proposed. J) "Development activity" means any residential construction, including the placement of a mobile home, or expansion of a building, structure or use, any change in use of a building or structure, or any change in the use of land that creates additional demand for school facilities. K) "District"means Pasco School District No. 1. Q "Dwelling"is as defined in 25.12.185 of the Pasco Municipal Code. M) "Elderly"means a person aged 55 or older. N) "Encumbered" means to reserve, set aside, or otherwise earmark the impact fees to pay for commitments, contractual obligations, or other liabilities incurred for public facilities as set out in the adopted capital facilities plan. O) "Facilities credit (FC)" means the value of capital improvements for which an in- kind contribution credit has been granted as provided for in PMC 3.133.030 (C). P) "Impact fee" means a payment of money imposed upon development as a condition of development approval to pay for school facilities needed to serve new growth and development that is reasonably related to the new development that creates additional demand and need for public facilities, that is a proportionate share of the cost of the school facilities, and School Impact Fees Ordinance-3 Page 249 of 409 that is used for such facilities that reasonably benefit the new development. "Impact fee" does not include a reasonable permit or application fee. Q) "Impact fee schedule" means the impact fees to be charged per dwelling unit of development that shall be paid as a condition of residential development with the City. R) "Interlocal agreement" means the agreement between the District and the City governing the operation of the school impact fee program and describing the relationship, duties and liabilities of the parties. S) "Permanent facilities" means facilities of the District, including relocatable facilities. T) "Program standard" means the standard adopted by the District which identifies the program year, the class size by grade span and taking into account the requirement of students with special needs, the number of classrooms, the types of facilities the District determines will best serve its student population, and other factors as identified by the District. U) "Proportionate share" means that portion of the cost of public facility improvements that are reasonably related to the service demands and needs of new development. V) "Relocatable facilities (also referred to as Portables)" means any structure, transportable in one or more sections, that is intended to be used as an education space to meet the needs of service areas within the District, to provide specialized facilities, or to cover the gap between the time that families move into new residential developments and the date that construction is completed on permanent school facilities. W) "Service area" means property within the City limits of the City of Pasco, including hereafter annexed territory, served by the Pasco School District No. 1. X) "State match (SM)" means the amount the District may receive from the state to pay a portion of the construction costs for schools identified in the capital facilities plan. Y) "Student factor (SF)" means the number of students typically generated from one residential unit for each type of school facility. This is determined by dividing the number of residential units built in the district into the number of students enrolled in each grade span. Student factors shall be based on District records of average actual student-generated rates for single-family and multifamily developments constructed over a period of not more than six (6) years prior to the date of the fee calculation; provided,that if such information is not available in the District, data from adjacent districts, or districts with similar demographics or county-wide averages may be used. Student factors must be updated when the District's capital facility plan is updated and separately determined for single-family and multifamily dwelling units and for grade spans. 3.133.025 CAPITAL FACILITY PLAN REQUIRED. To be eligible to receive school impact fees, the District shall adopt and submit a capital facilities plan that contains the School Impact Fees Ordinance-4 Page 250 of 409 District's standard of service, an inventory of facilities, capacity by grade span, a six-year student enrollment forecast, facility needs and costs, a finance plan and calculation of the school impact fees. The District shall file an update to its capital facility plan at least once every two years. The City will consider the District's capital facility plan, and bi-annual updates, and, if adopted, incorporate it in the Capital Facilities Element of the City's Comprehensive Land Use Plan. 3.133.030 ASSESSMENT OF IMPACT FEES. A) Fee Required. Each development activity within the service area, as a condition of approval, shall be subject to the school impact fee established pursuant to this Chapter. The school impact fee shall be calculated in accordance with the formula established in Attachment A, and as may be hereafter amended. The school impact fee, together with administrative costs due and payable, shall be that amount designated in PMC 3.07.230. The school impact fee shall be required prior to the issuance of building permits, unless deferred as provided below. The amount of the school impact fee shall be based on the fee schedule in effect at the time of the building permit application. B) Impact Fee Limitations. 1) School impact fees shall be imposed for District capital facilities that are necessarily related to the development under consideration, shall not exceed a proportionate share of the costs of the system improvements that are reasonably needed to the development, and shall be used for system improvements that will reasonably benefit the new development. 2) School impact fees must be expended or encumbered for permissible use within ten(10)years of receipt by the District. 3) To the extent permitted by law, school impact fees may be collected for capital facilities costs previously incurred to the extent that new growth and development will be served by the previously constructed capital facilities, provided, that school impact fees shall not be imposed to make up for any existing system deficiencies. 4) A developer required to pay a fee pursuant to RCW 43.021C.060 (SEPA) for capital facilities shall not be required to pay a school impact fee pursuant to this Chapter and RCW 82.02.050 through RCW 82.02.090 for the same capital facilities. C) Credit for In-Kind Contributions. 1) A developer may request and the District may grant a credit against school impact fees otherwise due under this Chapter for the value of any dedication of land, improvement to, or new construction of any capital facilities identified in the District's capital facilities plan provided by the developer. Such requests must be accompanied by supporting documentation of the estimated value of such in-kind contributions. All School Impact Fees Ordinance-5 Page 251 of 409 requests must be submitted to the District in writing prior to the City's determination of the impact fee. 2) Where the District determines that a development activity is eligible for a credit for a proposed in-kind contribution, it shall provide the City and the developer with a letter setting forth the justification for and a dollar amount of the credit, the legal description of any dedicated property, and a description of the development activity to which the credit may be applied. The value of any such credit may not exceed the impact fee obligation of the development activity application. 3) Where there is agreement between the developer and the District concerning the value of proposed in-kind contributions, the developer's eligibility for a credit, and the amount of any credit,the City may: a) Approve the request for credit and adjust the impact fee obligation accordingly; and b) Require that such contributions be made as a condition of development approval. Where there is disagreement between the developer and the District regarding the value of in-kind contributions, however, the City may render a decision that can be appealed by either party pursuant to the procedures provided in PMC 3.132.110 below. D) SEPA Mitigation and Other Review. 1) The City shall review development proposals and development activity permits pursuant to all applicable State and local laws and regulations, including the State Environmental Policy Act (Chapter 43.21C RCW), the State subdivision law (Chapter 58.17 RCW), and the applicable sections of this Code. Following such review, the City may condition or deny development approval as necessary or appropriate to mitigate or avoid significant adverse impacts to school services and facilities, to assure that appropriate provisions are made for schools, school grounds, and safe student walking conditions, and to ensure that development is compatible and consistent with the District's services, facilities, and capital facilities plan. 2) Impact fees required by this Chapter for development activity, together with compliance with development regulations and other mitigation measures offered or imposed at the time of development review and development activity review, shall constitute adequate mitigation for all of a development's specific adverse environmental impacts on the school system for the purposes of this Chapter. Nothing in this Chapter prevents a determination of significance from being issued, the application of new or different development regulations, and/or requirements for additional environmental analysis,protection, and mitigation measures to the extent required by applicable law. 3.133.040 SCHOOL IMPACT FEE DEFERRAL OPTION. The developer, may, at its option, deposit into an interest-bearing account maintained by the City, an amount equal to School Impact Fees Ordinance-6 Page 252 of 409 the total school impact fees due as a result of the development activity. The fees shall be secured by the deposit, and the deposit refunded to the developer upon payment of the impact fee at the time of closing of the sale or refinance of each unit, the issuance of a certificate of occupancy of each unit, or 12 months from the date of issuance of the original building permit, whichever event first occurs. Upon payment of the school impact fee, the City shall refund to the developer their deposit, or the developer may elect to continue the deposit for security for the payment of school impact fees for other development activities. 3.133.050 EXEMPTIONS. The following development activities are exempt from the requirements of this Chapter. A) Reconstruction, remodeling or construction of housing projects for the elderly, including nursing homes, retirement centers, assisted living facilities or other types of housing projects that are age restricted for the elderly, which have recorded covenants or declaration of restrictions precluding school-aged children as residents of those projects. This exemption does not include individual single-family homes on platted lots unless the subject plat has such age- restricted recorded covenants. Where such covenants have not already been recorded, but the exemption is sought, the City may require the recording of a covenant or recorded declaration of restriction precluding the property for other than exempt purposes. If property using this exemption is subsequently used for a nonexempt purpose, the school impact fees then in effect shall become immediately due and payable. B) Rebuilding of lawfully established dwelling unit(s) destroyed or damaged by fire, flood, explosion, act of nature, or other accident or catastrophe; provided, that such rebuilding takes places within one (1) year after destruction and that no additional dwelling units are created. C) Alteration, expansion, reconstruction, remodeling, or rebuilding of existing single-family or multifamily dwelling units, including mobile or manufactured homes; provided, that no additional dwelling units are created. D) Condominium projects in which existing dwelling units are converted into condominium ownership and where no new dwelling units are created. E) Any development activity for which school impacts have been mitigated pursuant to a condition of a plat, short plat, planned unit development, binding site plan or similar approval to pay fees, dedicate land or construct or improve school facilities, unless the condition of that plat, planned unit development, short plat, or binding site plan approval provides otherwise. The condition of the plat, planned unit development, short plat, site plan, or other similar approval must have been secured prior to April 16, 2012, the effective date of the fee imposition by the City and was actually imposed specifically as mitigation for impacts upon the District. Proof must also be submitted to the City that the required mitigation has been tendered for the development activity which would otherwise be subject to this Chapter. F) Any development activity for which school impacts have been mitigated pursuant to a voluntary agreement entered into with the District to pay fees, dedicate land or construct or School Impact Fees Ordinance-7 Page 253 of 409 improve school facilities, unless the terms of the voluntary agreement provide otherwise. The agreement and development activity application must also have been secured prior to April 16, 2012, the effective date of the school impact fee. Proof must also be submitted to the City, prior to issuance of the development activity permit, that the required mitigation has been tendered for the development activity which would otherwise be subject to this Chapter. G) The replacement of a mobile home with another mobile home within an existing mobile home park. 3.133.060 PERMITTED ADJUSTMENTS. A) The current school impact fee may be adjusted by the Director of Community & Economic Development, if one of the following circumstances exists: 1) The developer demonstrates that an impact fee assessment was improperly calculated; or 2) Unusual circumstances demonstrated by the developer that adjustments to the school impact fee at the time the fee is imposed are necessary to accommodate unusual circumstances in specific cases to ensure that the impact fees are imposed fairly. B) Developer demonstrates that the school impacts have been mitigated pursuant to a voluntary agreement entered into with the District upon the dedication of land or the construction or improvement of school facilities that warrant either a reduction, or exemption, from the payment of school impact fees. C) In all cases where the developer requests an adjustment or exemption from fees, the Director of Community & Economic Development shall consult with the District and the District shall advise the Director of Community & Economic Development prior to the Director making the final impact fee determination. The Director of Community & Economic Development, shall, consider in addition to the advice of the District, any studies, data, calculations and reports provided by the developer as a part of its request for a fee calculation adjustment prior to making the final impact fee determination. D) The developer, or the District, may appeal the final determination of the Director of Community & Economic Development regarding adjustments, exemptions, or credits to be applied to the school impact fee obligation in the same manner as provided in PMC 3.132.110 Appeals." 3.133.070 SCHOOL IMPACT FEE FUND. There is established and created a special fund to be known as the "School Impact Fee Fund" and to which all school district impact fees shall be deposited. On a monthly basis, and in accordance with the current Interlocal Agreement between the City and the District, the City shall remit to the District the school impact fees collected in the preceding month. Impact fees received by the District shall be earmarked specifically and retained by the District in appropriate interest-bearing accounts. All school impact funds and interest shall be expended for the purpose as may be permitted by law. School Impact Fees Ordinance-8 Page 254 of 409 Annually, in accordance with the Interlocal Agreement, the District shall prepare and submit to the City a report on school impacts fees and the school impact fee account showing the source and amount of all monies collected, earned, received, and the public improvements that were financed in whole or in part by the school impact fees. 3.133.080 SCHOOL IMPACT FEE REFUNDS. A) The current owner of the property on which a school impact fee has been paid, may receive a refund of such fees if the school impact fees have not been expended or encumbered within ten(10) years of receipt of the school impact fees by the District, unless there exist an extraordinary or compelling reason for fees to be held longer than ten (10) years. Such extraordinary or compelling reason shall be identified to the City by the District in a written report. In any decision approving such extension, the City shall identify the District's extraordinary or compelling reasons for the fees to be held longer than ten (10) years in written findings. In determining whether impact fees have been encumbered, impact fees shall be considered encumbered on a first in, first out basis. B) If a school impact fee is not expended or encumbered within ten (10) years and the City has not approved an extension, the District shall notify potential claimants of their right to request a refund by first class mail deposited in the United States postal service addressed to the current owner of the property as shown in the Franklin County tax records. C) An owner' s request for a refund must be submitted to the District in writing within one (1) year of the date the right to claim the refund arises or the date that notice is given, whichever shall last occur. Any impact fees that are not expended or encumbered by the District in conformance with the capital facilities plan within these time limitations, and for which no application for a refund has been made within this one-year period, shall be retained and expended consistently with the provisions of the law. Refunds of impact fees shall include any interest earned on the impact fees. D) A developer may request and shall receive a refund, including interest earned on the impact fees, when: 1) The developer does not proceed to finalize the development activity as required by statute, City code, or the applicable building codes; and 2) The District or the City has not expended or encumbered the impact fees in good faith prior to the application for a refund. In the event that the District or the City has expended or encumbered the fees in good faith, no refund shall be forthcoming. However, if within a period of three years, the same or subsequent owner of the property for which fees were paid, proceeds with the same or substantially similar development activity, the owner shall be eligible for a credit equal to the school impact fees paid and accrued actual interest. The owner must petition the City and the District in writing and provide receipts of impact fees paid by the owner for a development of the same or substantially similar nature on the same property or some portion thereof. The City after School Impact Fees Ordinance-9 Page 255 of 409 consultation with the District, shall determine whether to grant a credit, and such determinations may be appealed by following the procedures set forth in PMC 3.132.110 Appeals." E) In the event the City seeks to terminate any or all school impact fee requirements, all unexpended or unencumbered funds, including interest earned, shall be refunded to the current owner of the property for which an impact fee was paid. Upon the finding by the City Council that any or all fee requirements are to be terminated, the City shall place a notice of such termination and the availability of refunds, in a newspaper of general circulation, at least two times, and shall notify all potential claimants by first class mail addressed to the owner of the property as shown in the Franklin County tax records. All funds available for refund shall be retained for a period of one (1) year. At the end of one (1) year, any remaining funds shall be retained by the City as to funds within its possession and the District as to funds within its possession, but must be expended for the original purposes, consistent with the provisions of this Chapter. This notice requirement shall not apply if there are no unexpended or encumbered balances within either the City's school impact fee fund, or the District's school impact fee account. 3.133.090 INTERLOCAL AGREEMENT. As a condition of the City's authorization and adoption of a school impact fee ordinance, the City and the District shall enter into an Interlocal Agreement governing the operation of the school impact fee program, and describing the relationship and liabilities of the respective parties. The agreement must provide that the District shall be liable and shall defend and hold the City harmless for all damages which may occur as a result of any failure by the District to comply with the provisions of this Chapter, Chapter 82.02 RCW, or other applicable law. The agreement must provide that the District shall be liable, hold the City harmless and reimburse the City for defense and payment of all claims, including claims for damages, which may occur or arise as a result of any failure or alleged failure to comply with this Chapter, Chapter 82.02 RCW, or other applicable law in the adoption, administration, or implementation of the school impact fee provided in this Chapter and any actions related to it. 3.133.100 REVIEW. A) On or before April 15 of each year commencing on April 15, 2013, the District shall prepare and submit to the City a report on the impact fees and the impact fee account, showing the source and amount of all monies collected, earned, or received, and the public improvements that were financed in whole or in part by the school impact fees, and such additional information as may be required under the Interlocal Agreement. B) At least once every two years, commencing April 15, 2014, the City Council shall review and consider the District submitted capital facilities plan update as part of its consideration of the capital facilities element of the City's Comprehensive Land Use Plan. The City Council may also at this time determine if an adjustment to the amount of the impact fee is necessary; provided, that any school impact fee adjustment shall require the submittal of a written request for the adjustment from the District concurrent with the submittal of its updated capital facilities plan. In making its decision to adjust the school impact fees, the City Council School Impact Fees Ordinance- 10 Page 256 of 409 will take into consideration the quality and completeness of the information provided in the district's capital facilities plan and may decide to enact a fee less than the amount supported by the capital facilities plan. Section 2. SEVERABILITY. If any provision of this Ordinance, or its application to any person or circumstances is held invalid by a Court of competent jurisdiction, the remainder of this regulation or the application of the provisions of this Chapter to other parties or circumstances, shall not be affected. Section 3. That Section 3.07.230 of the Pasco Municipal Code shall be and hereby is created to read as follows: 3.07.230 SCHOOL IMPACT FEES. The school impact fee, together with administrative costs, shall be: Fee/Charge Reference A) Single family residence 4,700.00 3.133.030 B) Multifamily residence 4,525.00 3.133.030 Section 4. This Ordinance shall take full force and effect on April 16,2012. PASSED by the City Council of t e City of Pasco, Washington, and approved as provided by law this day of 2012. n Matt Watkins, Mayor Attest: App ve a to Form: Debra Clark, City Clerk Leland B. Kerr, City Attorney School Impact Fees Ordinance- 11 Page 257 of 409 AGENDA REPORT FOR: City Council June 11, 2025 TO: Dave Zabell, Interim City Manager City Council Regular Meeting: 6/16/25 FROM: Richa Sigdel, Deputy City Manager City Manager SUBJECT: Ordinance No. 4767 - Transportation Impact Fee Program (5 minutes staff presenation) I. ATTACHMENT(S): Presentation Ordinance (Option A) - Five District Ordinance (Option B) - Four District Pasco Transportation Impact Fee (TIF) Rate Study - Five District Pasco Transportation Impact Fee (TIF) Rate Study - Four District II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: OPTION A (5 Districts): I move to adopt Ordinance No. 4767, related to Transportation Impact Fees, amending certain provisions in Chapters 3.35 and 3.40 of the Pasco Municipal Code, and providing for severability and an effective date, and, further, authorize publication by summary only. -OR- OPTION B (4 Districts): I move to adopt Ordinance No. 4767, related to Transportation Impact Fees, amending certain provisions in Chapters 3.35 and 3.40 of the Pasco Municipal Code, and providing for severability and an effective date, and, further, authorize publication by summary only. III. FISCAL IMPACT: If adopted, the program will generate revenue to support City-led Capital projects within the TIF list of projects. IV. HISTORY AND FACTS BRIEF: The City initiated a Traffic Impact Fee Study to assess City's transportation Page 258 of 409 network, identify key critical capital projects and associated costs needed to accommodate future growth, determine the impact of future growth on these key projects, account for other funding sources, determine the financial impact of growth due to the impact of new development on City’s transportation infrastructure, and develop an equitable impact to mitigate said impact. The intent of a Transportation Impact Fee (TIF) is to ensure that new growth funds its share of transportation facilities adequate to serve growth related new development, that development pays for its share, and to avoid degradation in level of service to all residents. Short of an adequate traffic impact fee, the City has historically had to rely on proportionate shares to fund critical transportation projects through SEPA which has proven to be an unreliable, inequitable, and sometimes inconsistent approach. This study is part of a long-term strategy to create a more sustainable system by which new development can be fairly and effectively mitigated. The City's current fees were implemented in March, 2005 and then updated in February, 2009 and applies to all development west of 20th Avenue. The lack of updating and calibration of this fee has created significant challenges for the City to fund the construction of adequate transportation infrastructure, and assure new growth is adequately mitigated. Current Traffic Impact Fees Residential developments $709.00 Multifamily units $435.00 Commercial $43.00 per daily vehicle trip The Traffic Impact Fee Study was accomplished with the assistance of Fehr & Peers, a transportation engineering firm in close collaboration with senior City staff from the City Manager's Office, Community & Economic Development and Public Works. V. DISCUSSION: The needs of a growing City like Pasco are significant. In the case of an analysis such as this, the project list could exceed 30 projects. City staff have worked diligently with the consultants and community to produce a project list that represents the most critical projects needed to ensure a satisfactorily functioning transportation system capable of accommodating anticipated growth. The table below lists projects included in the Traffic Impact Fee Analysis. Page 259 of 409 It is important to keep in mind that the TIF is calculated per vehicle trip generated during the PM peak hour, which is determined by (a) the use of the property, (b) the location of the property, and (c) based on trip generation data from the Institute of Transportation Engineers. Currently, a single family residential is .94 PM peak hour trip. For example, if a residence was to be built within the North District under the 5-District plan below, the TIF fee would be 94%, or 0.94X2,215.84 (the per trip rate) which would be $2,082.89 for a single family residence. As discussed with Council at a recent Workshop meeting, with above projects in mind and significant traffic modeling completed by Fehr & Peers, staff has presented options in prior discussion on this topic. At Council's direction, two TIF options are available for Council's consideration, as follows: A. Five District Program North - $2,215.84 West - $1,395.77 South - $3,862.46 Central - $2,694.78 East - $812.06 Page 260 of 409 B. Four District Program North - $2,215.84 West - $1,395.77 South - $3,572.52 East - $812.06 Per Council's guidance, staff conducted a hybrid (in-person and virtual) outreach event on May 7th and have provided online forms to receive additional feedback from the community. Feedback was limited however staff heard a common theme of increased development costs and the impact on the cost of housing, coupled with an understanding that the City cannot allow the transportation system to fail. Further, from those participating, there is full support for the projects list and even some interest in seeing additional projects added. Comments from the public included a sentiment of growth paying for growth impacts. Two ordinances have been prepared for Council's consideration - one a five-district Page 261 of 409 program and another a four-district program. Each ordinance includes the update of the program in PMC to reflect districting and updated fees, as well as adjustment to the name of the fund where the revenues generated by the program will be held. At the May 27, 2025 Council Special Meeting, staff brought this item forward for approval. After discussion, Council moved to postpone this item until such time that the School Impact Fee would be revised. The proposed ordinance will be effective on June 25th, coinciding with the implementation of the new School Impact Fee. The final report and ordinance to implement the changes are provided for Council’s consideration and potential action. Page 262 of 409 Transportation Impact Fee (TIF) Update June 16, 2025 Pa g e 2 6 3 o f 4 0 9 Pasco TIF Update Schedule Milestones Develop Prelim TIF Project List January Council Updates February- March TIF Analysis February Council Meeting March 17 Draft Rate Calculation March-April Council Meeting April 28 Outreach May 7 Finalize Report May Council for Approval June Pasco TIF Update Schedule Milestones - 2025 Pa g e 2 6 4 o f 4 0 9 Four District Program Five District Program District TIF Rate North $2,215.84 West $1,395.77 South $3,572.52 East $812.06 District TIF Rate North $2,215.84 West $1,395.77 South $3,862.46 Central $2,694.78 East $812.06 Fee per PM Peak Hour Trip Fee per PM Peak Hour Trip Pa g e 2 6 5 o f 4 0 9 Next Steps •Traffic Impact Analysis Process Revision – June/July - Staff will be recommending changes to current process. •Reduced scope from current process •In house review for smaller & less complex projects •Review of thresholds for types of analysisPa g e 2 6 6 o f 4 0 9 Questions & Feedback Pa g e 2 6 7 o f 4 0 9 Kennewick – Updated 2018 $1,692 $1,108 $1,267 $434 Zone 1 Zone 2 Zone 3 Zone 4 Cost Per PM Peak Trip Pa g e 2 6 8 o f 4 0 9 Richland – Updated 2024 $2,647 $2,453 $4,952 $1,816 Zone 1 Zone 2 Zone 3 Zone 4 Cost Per PM Peak Trip Pa g e 2 6 9 o f 4 0 9 Proposed TIF Project List 8 Pasco TIF Project List 1 Rd 40 E Extension 2 Burns Rd Extension 3 Road 76 Overpass 4 Sandifur Pkwy/Rd 76 5 Burden Blvd/Rd 60 6 Burden Rd/Madison Ave 7 Burden Rd/Rd 44 8 Lewis St/Heritage Blvd 9 Rainier Ave/Kartchner St 10 Sandifur Pkwy/Rd 84 11 Rd 76 Improvements 12 Sandifur Pkwy/Convention Dr 13 Argent Rd Widening (Phase 4) 14 Court Street/Road 60 15 Burns Rd Extension to Glade Road 16 Harris Rd/Crescent Rd Overpass 17 I-182/Broadmoor Blvd I/C 18 Burns Rd/Rd 68 19 Court Street/Road 100 20 Harris Rd Realignment Pa g e 2 7 0 o f 4 0 9 925% of total Project Cost Proposed TIF Project List Pa g e 2 7 1 o f 4 0 9 The TIF Program and the Development Review Process TIAs still need to happen While Pasco will still require TIAs, the threshold for when developments are required to complete a TIA will be reviewed. Reduced scope of analysis Impact fees mean that development’s contribution to TIF projects is known. Analysis can be focused on other facilities not covered by TIF program. More expedited process Fewer and more focused TIAs speed up the development process. Pa g e 2 7 2 o f 4 0 9 Ordinance – Amending PMC Related to TIF - 1 FG: 103761221.1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, RELATED TO TRANSPORTATION IMPACT FEES, AMENDING CERTAIN PROVISIONS IN CHAPTERS 3.35 AND 3.40 OF THE PASCO MUNICIPAL CODE, AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Growth Management Act, Chapter 36.70A RCW (“GMA”) requires certain Washington cities and counties to address the effects of uncoordinated and unplanned growth by engaging in comprehensive growth planning; and WHEREAS, the City of Pasco is one of the local governments required to plan under the GMA; and WHEREAS, the GMA and RCW 36.70A.040 and .070 require certain cities to adopt and periodically update a comprehensive plan and development regulations consistent with said comprehensive plan, with the comprehensive plan containing eight (8) mandatory elements including a Capital Facilities Element and Transportation Element; and WHEREAS, RCW 36.70A.070(3) requires that a Capital Facilities Element include (a) an inventory of existing capital facilities owned by public entities; (b) a forecast of capital facilities’ future needs; (c) proposed locations and capacities of expanded or new capital facilities; (d) at least a six-year plan that will finance such capital facilities within projected funding capacities and that clearly identifies sources of public money for such purposes; and (e) a requirement to reassess the land use element if probable funding falls short of meeting existing needs and to ensure that the land use element, capital facilities plan element, and capital facilities element’s financing plan are coordinated and consistent; and WHEREAS, to ensure that adequate facilities are available to serve new growth and development, and to facilitate the ability of counties, cities and towns to provide funding for, and to require that new growth and development pay a proportionate share of, the cost of new facilities needed to serve new growth and development addressed in the Capital Facilities Element of a GMA comprehensive plan, the Legislature included in the GMA express authorization for cities and counties to impose impact fees on development activity as part of the financing for public facilities; and WHEREAS, the City of Pasco has previously adopted ordinances requiring that all developers shall pay transportation impact fees in accordance with the provisions of Chapters 3.35 and 3.40 of the Pasco Municipal Code (“PMC”) at the time that an applicable development permit is available for issuance; and WHEREAS, the City of Pasco is in the process of adopting a periodic update of its Comprehensive Plan in order to comply with GMA mandates in RCW 36.70A.130; and Page 273 of 409 Ordinance – Amending PMC Related to TIF - 2 FG: 103761221.1 WHEREAS, the City has updated its capital facilities planning and identified transportation capital facilities that are needed to serve projected new growth and development; and WHEREAS, the City of Pasco has not updated its transportation impact fee since 2009; and WHEREAS, using a carefully crafted regional transportation model other engineering review, the City has analyzed the extent to which new development in different areas of the City require, and would benefit from, the transportation capital projects identified as needed to serve projected new growth and development; and WHEREAS, the results of the City’s analysis are set forth in the April, 2025 Pasco Transportation Impact Fee (TIF) Rate Study prepared by Fehr & Peers; and WHEREAS, the Pasco City Council desires to amend applicable provisions of the PMC in order to update the City’s transportation impact fee and fee schedule, in order to ensure that new growth and development pays a proportionate share of, the cost of new transportation facilities needed to serve that new growth and development; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. PMC Section 3.35.230 Amended. Pasco Municipal Code Section 3.35.230 is hereby amended as follows: 3.35.230 Transportation impact fees. Fee/Charge Reference Residential developments $709.00 3.40.060 Multifamily units $435.00 3.40.060 Commercial $43.00 per daily vehicle trip 3.40.060 Fee/PM Peak Hour Trip North TIF District* $2,215.84 West TIF District $1,395.77 South TIF District $3,862.46 Central TIF District $2,694.78 East TIF District $812.06 Page 274 of 409 Ordinance – Amending PMC Related to TIF - 3 FG: 103761221.1 *See Figure 1 for TIF Districts map. Beginning January 1, 2027, and annually thereafter, the transportation impact fees for all zones charged during the preceding calendar year shall be increased by the year-over-year annual, positive percentage change shown in the Engineering News Record Construction Cost Index for the Seattle, Washington, area as reported for the preceding July. Such adjusted transportation impact fees shall be set forth in the City’s fee schedule, to be effective January 1 of each year. FIGURE 1 – TIF DISTRICTS MAP [Ord. 3905, 2009; Ord. 3719, 2005; Code 1970 § 3.07.220.] Section 2. Chapter 3.40 PMC Amended. Chapter 3.40 of the Pasco Municipal Code is hereby amended as set forth in Exhibit B attached to and incorporated by this reference. Chapter 3.40 IMPACT FEES Sections: 3.40.010 Findings and purpose. 3.40.020 Applicability. 3.40.030 Geographic scope and service area. 3.40.040 Definitions. 3.40.050 Imposition of transportation impact fees. 3.40.060 Fee schedule. 3.40.070 Time of payment of impact fee. 3.40.080 Credits. 3.40.090 Permitted adjustments. Page 275 of 409 Ordinance – Amending PMC Related to TIF - 4 FG: 103761221.1 3.40.100 I-182 corridor traffic impact fund Transportation impact fee fund. 3.40.110 Refunds. 3.40.120 Appeals. 3.40.130 Enforcement. 3.40.140 Relationship to SEPA 3.40.150 Relationship to concurrency. 3.40.160 Project list. 3.40.170 Calculation of impact fees. 3.40.180 Independent fee calculation. 3.40.010 Findings and purpose. Pursuant to RCW 82.02.050 through 82.02.100, the city adopts impact fees for transportation. The City Council finds and determines that new growth and development activities within the City will create additional demand for the construction, improvement and utilization of public streets, roadways, and right-of- way improvements by bringing additional residents, visitors, businesses and customers into the City; and further finds that new growth and development activities should pay a proportionate share of the costs of such necessary transportation and circulation facilities needed to serve this new growth and development activity. It is therefore necessary to regulate property development to improve public transportation facilities in order to through mitigating mitigate the direct impacts of the development, and to by the assessment of transportation impact fees to insure ensure that system improvements to these transportation facilities are adequately funded and available to serve the increased demand resulting from this growth and development and that new growth and development pays a predictable, proportionate share of the infrastructure costs attributable to new growth. It is the intent that the provisions of this chapter shall be liberally construed to effectively carry out the purposes of the Council in establishing this transportation impact fee. [Ord. 4688 § 1, 2023; Ord. 3719 § 1, 2005; Code 1970 § 3.132.010.] 3.40.020 Applicability. The City shall collect transportation impact fees as provided in this Chapter as provided in PMC 3.35.230 from any applicant seeking a development approval from the City for any development activity within that portion of the City identified in PMC 3.40.030 3.40.040, where such development activity requires the issuance of a building or occupancy permit. This shall include, but not be limited to, the development of residential, commercial, retail, office, and industrial land, and includes the expansion of existing uses that create an additional demand upon public transportation facilities, as well as a change in an existing use that creates an additional demand for public transportation facilities. Transportation impact fees shall be collected prior to the issuance of development approval, unless deferred as provided in this Chapter. [Ord. 4688 § 1, 2023; Ord. 3719 § 1, 2005; Code 1970 § 3.132.020.] Page 276 of 409 Ordinance – Amending PMC Related to TIF - 5 FG: 103761221.1 3.40.030 Geographic scope and service area. The boundaries within which the transportation impact fees shall be charged and collected are co-extensive with the City of Pasco corporate boundaries, those areas within the I-182 Corridor Subarea lying west of 20th Avenue bounded on the north by the northern City boundaries and on the south and west by the Columbia River, and shall include all unincorporated areas annexed to the City on or after the effective date of the ordinance codified in this chapter. For the purpose of this chapter, the entire City shall be considered one service area. and the dDevelopment activity on of unincorporated properties that may create an additional demand upon the public traffic facilities within the service area this geographic area imposed may be addressed in pursuant to an interlocal agreement between the City and the County specifically addressing the identification identifying and mitigation mitigating of these transportation impacts. [Ord. 4688 § 1, 2023; Ord. 3719 § 1, 2005; Code 1970 § 3.132.030.] 3.40.040 Definitions. “Applicant for impact fee deferral” means an applicant for a development approval building permit that also makes an application for impact fee deferral. “Applicant for impact fee deferral” It includes an entity that controls the applicant, is controlled by the applicant or is under common control with the applicant. "Development activity" means construction or expansion of any residential, commercial, retail, office, and industrial building, structure, or use, any change to or expansion in use of any such building or structure, or any changes in the use of land, that creates additional demand and need for public transportation facilities. Development activity" does not include: buildings or structures constructed by a regional transit authority; or buildings or structures constructed as shelters that provide emergency housing for people experiencing homelessness, or emergency shelters for victims of domestic violence, as defined in RCW 70.123.020. “Development approval” means a building or occupancy permit authorizing the commencement of a specific development activity. “TIF District” means a geographical sub-area of the City service area, in which a specific transportation impact fee rate is imposed based on the proportional share of the cost of transportation public facility improvements within the overall service area, as determined by the relative transportation service demands and needs of the estimated new growth within the TIF District. The TIF Districts are shown in Figure 1 to PMC Section 3.35.230. "Impact fee" means a payment of money imposed upon development as a condition of development approval to pay for public facilities needed to serve new growth and development, that is reasonably related to the new development that creates additional demand and need for public facilities, that is a proportionate share of the cost of the public facilities, and that is used for facilities that reasonably benefit the Page 277 of 409 Ordinance – Amending PMC Related to TIF - 6 FG: 103761221.1 new development. "Impact fee" does not include a reasonable permit or application fee. “Project list” means system improvements set forth in PMC 3.40.160. “Service area" means a geographic area defined by the City in which a defined set of public facilities provide service to development within the area. “Transfer” means sale as defined in RCW 82.45.010, forfeiture, foreclosure, trade, gift, receivership, bankruptcy or other change in ownership or interest in real property or improvements. [Ord. 4688 § 1, 2023; Ord. 4307, 2016; Code 1970 § 3.132.035.] 3.40.050 Imposition of transportation impact fees. Transportation impact fees shall: (1) Be imposed only for system improvements that are reasonably related to the new development. (2) Not exceed a proportionate share of the costs of system improvements that are reasonably related to the new development. (3) Be used for system improvements that will reasonably benefit the new development. (4) May be collected and spent only for transportation and right-of-way system and right-of-way improvements which are addressed by the capital facilities plan element of the City of Pasco Comprehensive Land Use Plan and adopted Ssubarea Pplans addressing the following elements: (a) Deficiencies in public transportation facilities serving existing development and the means by which existing deficiencies will be eliminated within a reasonable period of time; (b) Additional demands placed on existing public facilities by new development; and (c) Additional public facility improvements required to serve new development. (5) Should not be imposed to mitigate the same off-site transportation facility impacts that are mitigated by any other assessment required by RCW 43.21C ordinance or law of for the same development. [Ord. 4688 § 1, 2023; Ord. 3719 § 1, 2005; Code 1970 § 3.132.040.] Page 278 of 409 Ordinance – Amending PMC Related to TIF - 7 FG: 103761221.1 3.40.060 Fee schedule. The transportation impact fee shall be collected from an applicant for development approval paid according to the rate schedule as set forth in PMC 3.35.230 for the TIF District in which the development activity is proposed, and calculated as provided in Section 3.40.170. The rate schedule in PMC 3.35.230, the TIF Districts and the service area have been determined based on the City of Pasco TIF Rate Study available on file with the Pasco Community & Economic Development Director, and which analyzed the anticipated number and distribution of vehicle trips generated by new growth and development and their direct impact on the transportation system and benefit from system improvements needed to serve the new development. [Ord. 4688 § 1, 2023; Ord. 3719 § 1, 2005; Code 1970 § 3.132.050.] 3.40.070 Time of payment of impact fee. (1) All developers shall pay an impact fee in accordance with the provisions of this chapter at the time of issuance of development approval, unless fee payment is deferred as provided in subsection (2) of this section. that the applicable development permit is available for issuance. The impact fee as initially calculated, after issuance of a development permit approval, may be recalculated at the time of payment if the development is modified or conditioned in such a way as to alter the trip generation rate for the development activity. No development permit approval shall be issued until the impact fee is paid, except when a developers defers payment as provided in this section until building permits are issued for the lots within the subdivision, short plat, or planned unit development for single-family detached and attached residential construction. A developer may obtain a preliminary determination of the impact fee before application for a development permit upon providing the Director of Community and Economic Development with the information necessary for processing the application. Impact fees may be paid under protest in order to obtain a permit or other approval of development activity. (2) Deferral of Impact Fees. For each development approval construction permit for which any impact fee deferral is applied for, an administrative fee set in Chapter 3.35 PMC must simultaneously be paid to the City due to the increased burden placed on City staff for processing, recording and monitoring such deferrals. (a) A separate application must be submitted for each development approval construction permit. Each applicant, in accordance with his or her contractor registration number or other unique identification number, is entitled to annually receive deferrals for 20 development approvals construction building permits. The Page 279 of 409 Ordinance – Amending PMC Related to TIF - 8 FG: 103761221.1 Community and Economic Development Director is authorized to grant additional deferrals beyond the standard entitlement of 20. If the City at any time collects impact fees on behalf of one or more school districts for which the collection of impact fees could be delayed, the City must consult with the district or districts about additional deferrals. The City must give additional weight to recommendations of each applicable school district regarding the number of deferrals. If the City disagrees with the recommendations of one or more school districts, the City must provide the district or districts with a written rationale for its decision. (b) The period of deferral expires at the earliest of: (i) The time of final inspection by the City; (ii) The time of issuance of a certificate of occupancy by the City; (iii) The time of closing or the first transfer of the property occurring after the issuance of the applicable building permit; or (iv) Eighteen months after the building permit is issued by the City. (c) Final inspection and a certificate of occupancy will not be conducted or issued until payment in full of the impact fees is made. For the first transfer of the property, the impact fees shall be paid at closing if they have not been previously paid. Unless an agreement to the contrary is reached between the buyer and the seller, the payment of impact fees due at closing of a sale must be made from the seller’s proceeds. In the absence of an agreement to the contrary, the seller bears strict liability for the payment of the impact fees. (d) The applicant for impact fee deferral must grant and record in favor of the City an impact fee lien in the amount of the deferred impact fee. The lien must be in a form signed, dated and approved by the City Attorney, and signed by all owners of the property and persons or entities holding any interest in the property, with all signatures acknowledged as required for a deed, and recorded among the appropriate land records of Franklin County. Proof of such recording shall be submitted to the City before a building permit may be issued. The lien must specify that it is binding on all successors in title after the recordation. The lien may specify that it is subordinate to one mortgage for the purpose of construction upon the same real property granted by the applicant for impact fee deferral. A mortgage, deed of trust or other financing mechanism shall be limited to the property upon which construction will occur. A lien not paid when due shall bear interest at the statutory rate. A lien shall become due at the expiration of the deferral date. (e) If impact fees are not paid in accordance with this section, the City may institute foreclosure proceedings in accordance with Chapter 61.12 RCW. If the City of Pasco does not institute foreclosure proceedings for unpaid school impact fees within 45 days after receiving notice from a school district requesting that it do so, the district may institute foreclosure proceedings with respect to the unpaid school impact fees. Page 280 of 409 Ordinance – Amending PMC Related to TIF - 9 FG: 103761221.1 (f) After full payment of impact fees, and upon written request of the person paying said fees containing the name and address of the requester together with a copy of a proposed lien release form, the City, upon approval by the City Attorney, shall sign a lien release and deliver it to the person paying said fee either in person or by first-class mail. The property owner at the time of the release, at his or her expense, is responsible for recording the lien release. (g) An annual report shall be prepared by the Department of Community and Economic Development Department evaluating and summarizing the impact(s) of the deferral program. [Ord. 4726 § 1, 2024; Ord. 4688 § 1, 2023; Ord. 4307, 2016; Ord. 3719 § 1, 2005; Code 1970 § 3.132.060.] 3.40.080 Credits. A credit, not to exceed the amount of the transportation impact fee otherwise required by this chapterpayable, shall be provided for the actual value of any dedication of land for, improvement to, or new construction of any transportation system improvements provided by the developer and to facilities that are identified in the Comprehensive Plan capital transportation facilities element plan (or other plan expressly adopted by reference therein), and required by the City as a condition of a development approvaling the development activity subject to the permit. A credit shall also be provided in the amount of a transportation impact fee calculated under Ordinance No. 3905 and imposed as a condition of development approval prior to June 25, 2025. [Ord. 4688 § 1, 2023; Ord. 3719 § 1, 2005; Code 1970 § 3.132.070.] 3.40.090 Permitted adjustments. The Director of Community and Economic Development may adjust the standard transportation impact fee at the time the fee is imposed as may be necessary to accommodate unusual circumstances in specific cases to insure ensure that impact fees are imposed fairly. The amount of the fee to be imposed on a particular development may be adjusted by the Director of Community and Economic Development after having given consideration to studies and other data available to the Director of Community and Economic Development or submitted by the developer demonstrating to the satisfaction of the Director of Community and Economic Development that an adjustment should be made in order to carry out the purposes of this chapter. The transportation impact fee may provide for system improvement costs previously incurred by the City to the extent that new growth and development will be served by the previously constructed improvements provided such fee shall not be imposed to make up for any systems improvement deficiencies. [Ord. 4688 § 1, 2023; Ord. 3719 § 1, 2005; Code 1970 § 3.132.080.] 3.40.100 I-182 corridor traffic impact fund Transportation impact fee fund. Page 281 of 409 Ordinance – Amending PMC Related to TIF - 10 FG: 103761221.1 The I-182 Corridor Transportation Impact Fee Fund is hereby created into which traffic impact fees shall be deposited as a special interest bearing account. All interest shall be retained in the account and expended for the purpose or purposes for which the traffic impact fees were imposed. Annually, a report showing the source and amount of all moneys collected, earned or received to the account, and system improvements that were financed in whole or in part by the impact fees shall be prepared and presented to the City Council. Traffic impact fees for transportation system improvements shall be expended only in conformance with the City of Pasco Comprehensive Plan capital facilities plan element (and any other plan expressly adopted by reference therein) and adopted subarea plans of the City of Pasco Comprehensive Plan , and TIF Project List adopted in PMC 3.40.160 or as hereafter amended. Traffic impact fees shall be expended or encumbered for permissible use within six ten years of receipt, unless there exists an extraordinary or compelling reason for fees to be held longer than six ten years. Such extraordinary or compelling reasons shall be identified in written findings by the City Council. [Ord. 4688 § 1, 2023; Ord. 3719 § 1, 2005; Code 1970 § 3.132.090.] 3.40.110 Refunds. (1) The current owner of the property as reflected in the records of the Franklin County Auditor, on which an impact fee has been paid, may receive a refund of such fees if the City fails to expend or encumber the impact fees within six ten years of the date the fees were paid or longer as designated by the City Council by written findings on public transportation facilities intended to benefit the development activity for which the impact fees were paid. In determining whether traffic impact fees have been encumbered, impact fees shall be considered encumbered on a first in, first out basis. The City shall notify potential claimants by first-class mail deposited with the United States postal service at the last known address of the claimant. (2) The request for refund must be submitted to the City Council by depositing the same in the office of the City Clerk by written notice within one year of the date the right to claim the refund arises or the date that notice is given, whichever is later. Any impact fees that are not expended within these time limits, and for which no application for refund has been made within this one-year period, shall be retained and expended on the indicated capital facilities. Refunds of transportation impact fees shall include actual interest earned on the impact fees. (3) In the event the City seeks to terminate any and all impact fee requirements, all unexpended or unencumbered funds, including interest earned, shall be refunded. Upon the finding by the City Council that any and all fund requirements are to be terminated, the City shall place a notice of such termination and the availability of refunds in a newspaper of general circulation at least two times and shall notify all potential claimants by first-class mail to the last known address of Page 282 of 409 Ordinance – Amending PMC Related to TIF - 11 FG: 103761221.1 the claimants. All funds available for refund shall be retained for a period of one year. At the end of one year, any remaining funds shall be retained by the City, but must be expended for the indicated public transportation facility. This notice requirement shall not apply if there are no unexpended or unencumbered balances within the account being terminated. (4) A developer may request and shall receive a refund, including interest earned on the impact fees, when the developer does not proceed with the development activity and no impact has resulted. [Ord. 4688 § 1, 2023; Ord. 3719 § 1, 2005; Code 1970 § 3.132.100.] 3.40.120 Appeals. (1) A developer may appeal the amount of a transportation impact fee determined by the Director of Community and Economic Development to the City Hearing Examiner under the procedures provided in Chapter 25.195 PMC. The developer shall have the burden of proving: (a) An error was committed in calculating the assessment of the impact fee or the developer’s proportionate share. (b) Such fee does not mitigate a direct impact. (c) The City based its determination on incorrect data. A developer may also submit such other information deemed relevant or appropriate for the purpose of disputing the impact fee. (d) The Director of Community and Economic Development shall meet with the developer and such other parties as are deemed necessary in order to resolve the dispute. If the dispute is not resolved by the Director, the developer may appeal the imposition of the impact fee to the Hearing Examiner. The Hearing Examiner only determines whether the fee is reasonable, but does not make any adjustment thereto. The Hearing Examiner may remand the matter to the Community and Economic Development Department for further consideration consistent with the Hearing Examiner’s decision. (2) An appeal from a decision of the Director of Community and Economic Development must be filed with the Hearing Examiner within 10 calendar days of the Director’s written decision regarding the fee amount. [Ord. 4688 § 1, 2023; Ord. 3719 § 1, 2005; Code 1970 § 3.132.110.] 3.40.130 Enforcement. When a development has been identified as having a direct impact upon the public transportation facilities, and an impact fee has not been paid, the requested permit may be denied. Page 283 of 409 Ordinance – Amending PMC Related to TIF - 12 FG: 103761221.1 A development permit issued after the effective date of the ordinance codified in this chapter shall be null and void if issued without substantial compliance with this chapter. [Ord. 4688 § 1, 2023; Ord. 3719 § 1, 2005; Code 1970 § 3.132.120.] 3.40.140 Relationship to SEPA. Nothing in this chapter shall be construed as limiting applicable requirements for environmental review of proposed development activity pursuant to SEPA and other applicable city ordinances and regulations. Requirements to construct transportation system or project improvements and/or to pay mitigation fees may be imposed to mitigate adverse impact identified through SEPA or other environmental review, in addition to payment of transportation impact fees under this Chapter; provided, however, that a person required to pay a fee pursuant to SEPA environmental review for a specific system improvement shall not be required to pay that portion of an impact fee imposed under this chapter for that same system improvement. Nothing in this chapter shall be construed to limit the city’s authority to deny a development permit when a proposal would result in significant adverse transportation impacts identified through SEPA environmental review, and reasonable mitigation measures are insufficient to mitigate the identified impact. 3.40.150 Relationship to concurrency. Neither compliance with this chapter, or the payment of any fee hereunder, shall constitute a determination of transportation concurrency under PMC Chapter 12.36. 3.40.160 Project List. The transportation system improvements included in the transportation impact fee program are: 1. Rd 40 E Extension 2. Burns Rd Extension 3. Road 76 Overpass 4. Sandifur Pkwy/Rd 76 5. Burden Blvd/Rd 60 6. Burden Rd/Madison Ave 7. Burden Rd/Rd 44 8. Lewis St/Heritage Blvd 9. Rainier Ave/Kartchner St 10. Sandifur Pkwy/Rd 84 11. Rd 76 Improvements 12. Sandifur Pkwy/Convention Dr 13. Argent Rd Widening (Phase 4) 14. Court St/Rd 60 15. Burns Rd Extension to Glade Rd 16. Harris Rd/Crescent Rd Overpass 17. I-182/Broadmoor Blvd I/C Page 284 of 409 Ordinance – Amending PMC Related to TIF - 13 FG: 103761221.1 18. Burns Rd/Rd 68 19. Court St/Rd 100 20. Harris Rd Realignment 3.40.170 Calculation of impact fees. The transportation impact fee is calculated by the net calculated vehicle PM peak trips generated by a proposed development multiplied by the current transportation impact fee per PM peak hour trip set forth in PMC 3.35.230 for the TIF District the project is located. When estimating an impact fee for a development or land use change, the following procedure should be used to estimate PM peak hour vehicle trips and associated impact fees: 1. Review the most recent version of the ITE Trip Generation Manual for the estimated number of PM peak vehicle trips, selecting the most appropriate land use for the proposed development based on sound engineering judgement and land uses available from the ITE Manual. 2. Reduce PM peak hour vehicle trips based on the pass-by rate in the most recent version of the ITE manual. a. The use of pass-by rates from the ITE Trip Generation Manual applies to select land uses from the following land use categories: i. Institutional ii. Retail iii. Services. 3. Apply internal capture rates for mixed-use developments. a. Internal capture adjustments apply to mixed-use developments only and should be based on the most recent version of the ITE manual. These calculations identify the number of internal trips (those within a mixed-use development) and external trips (those starting or ending outside of the mixed-use development). 4. Multiply the resulting estimate for new PM peak vehicle trips by the adopted cost per trip rate for the relevant TIF District. 3.40.180 Independent fee calculation. As an alternative to payment of impact fees as provided in the schedules set forth in this chapter, any person required to pay impact fees may request that such fees be calculated according to an independent fee calculation study submitted by such person and approved by the Community & Economic Development Director as provided in this section. A person required to pay impact fees may submit an independent fee calculation study for one or more impact fees and use the impact fee schedules in this chapter for one or more impact fees. Page 285 of 409 Ordinance – Amending PMC Related to TIF - 14 FG: 103761221.1 All independent fee calculation studies shall be submitted to the Director for review and approval. The study shall be accompanied by the fee set by City Council resolution for the review of such studies. The independent fee calculation study shall meet the following standards: a. The study shall follow accepted impact fee assessment practices and methodologies. b. The study shall use acceptable data sources, and the data shall be comparable with the uses and intensities proposed for the proposed development activity. c. The study shall comply with the applicable State laws governing impact fees, including but not limited to RCW 82.02.060 or its successor. d. The study, including any data collection and analysis, shall be prepared and documented by professionals qualified in their respective fields. e. The study shall show the basis upon which the independent fee calculation was made. The Director shall consider the study and documentation submitted by the person required to pay the impact fees but is not required to accept the study if the Director decides the study is not accurate or reliable. The Director may, in the alternative, require the person submitting the study to submit additional or different documentation for consideration. If the Director decides that outside experts are needed to review the study, the applicant shall be responsible for paying for the reasonable cost of a review by outside experts. If an acceptable independent fee calculation study is not presented, the person shall pay the impact fees based upon the process and schedules in this chapter If an acceptable independent fee calculation study is presented, the Director may adjust the fee to that appropriate to the particular development activity. Section 3. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this ordinance. Section 4. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 5. Effective Date. This Ordinance shall take effect and be in full force following five (5) days after its passage, approval, and publication as required by law, but no earlier than June 25, 2025. Page 286 of 409 Ordinance – Amending PMC Related to TIF - 15 FG: 103761221.1 PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: _____________________________ Page 287 of 409 Pasco Transportation Impact Fee (TIF) Rate Study Four District Program Prepared for: Submitted on: City of Pasco May 22, 2025 Page 288 of 409 P Table of Contents Introduction ..................................................................................................................................... 1 Methodology .................................................................................................................................. 2 Project List ..................................................................................................................................... 3 Impact Fee Eligible Costs ............................................................................................................. 5 TIF Districts .....................................................................................................................................7 Trip Growth and Distribution ........................................................................................................ 8 TIF Rate Calculation ...................................................................................................................... 8 How to Develop an Impact Fee Estimate .................................................................................... 9 Future Updates and Adjustments ................................................................................................ 9 List of Figures Figure 1. Impact Fee Structure ...................................................................................................................................... 2 Figure 2. TIF Program Project List and Map ............................................................................................................. 4 Figure 3. Equation for Calculating the Eligible Impact Fee Cost ........................................................................ 5 Figure 4. TIF District Map with Project Locations ................................................................................................... 7 List of Tables Table 1. TIF Program Cost Calculation ........................................................................................................................ 6 Table 2. TIF Rate per District ......................................................................................................................................... 8 Appendices Appendix A. Pasco District Rate Calculation Page 289 of 409 City of Pasco, Transportation Impact Fee Rate Study | 1 Introduction Since 1990, Washington State law (RCW 82.02.050) has allowed jurisdictions to establish transportation impact fee (TIF) programs to fund capacity projects needed to support growth. The City of Pasco adopted a TIF program in 2005.1 In 2009, the City updated the fees of the TIF program2. The current TIF rates are unchanged from the 2009 update and are defined in Pasco Municipal Code (PMC) 3.35.230 as follows: PMC 3.35.230 Transportation impact fees. Fee/Charge Residential developments $709.00 per unit Multifamily units $435.00 per unit Commercial $43.00 per daily vehicle trip PMC 3.40 further outlines Pasco’s current transportation impact fee program. In the current program transportation impact fees shall be charged and collected for developments inside city limits, but west of 20th Avenue. State law requires jurisdictions to allow independent fee calculations, enabling any development to submit justification for a reduced fee based on trip data specific to its proposal. The remaining sections of the report describe the impact fee program methodology, the analyses performed, and the resulting recommendations. 1 City of Pasco Ordinance No 3719, March 21st 2005. 2 City of Pasco Ordinance No 3905, February 2nd 2009. Page 290 of 409 City of Pasco, Transportation Impact Fee Rate Study | 2 Methodology The transportation impact fee structure for the City of Pasco was designed to determine the fair share of transportation improvement costs that may be charged to new development. The following key points summarize the impact fee structure (see Figure 1):  A TIF project list was developed from eligible projects identified in the adopted Transportation Improvement Plan  These projects were evaluated for impact fee eligibility. Non-capacity investments, primarily maintenance, and safety improvement projects were eliminated.  Of the remaining eligible projects, the portion of those projects addressing existing deficiencies or carrying non-city growth were subtracted from eligible costs.  The remaining eligible program costs were divided by Pasco’s expected growth in PM peak hour trips over the next 20 years. The City has chosen to develop a multi- district program in which distinct geographical areas of Pasco are assessed different impact fee rates based on the proportionate share of the cost of transportation improvements projects related to service demands and needs of the estimated growth in PM peak hour trips of the district. The Ben Franklin Council of Governments (BFCOG) Travel Demand Models for the years 2025 and 2045 were used to estimate growth in PM peak hour trips in each TIF District, and to determine proportionate share of costs for each project based on travel patterns in Pasco. The City reviewed each transportation improvement project in the TIF program to account for other potential or anticipated funding sources. This further reduced the proportion of the cost of transportation improvement projects that are included in the proposed TIF program. This program assesses fees based on a cost per PM peak hour vehicle trip. Figure 1. Impact Fee Structure Page 291 of 409 City of Pasco, Transportation Impact Fee Rate Study | 3 Project List Washington State law (RCW 82.02.050) allows jurisdictions to establish TIF programs to fund “transportation system improvements” included in the capital facilities element of a jurisdiction’s comprehensive plan. TIF funds must be spent or encumbered within 10 years of collection and are assessed based on a development’s proportionate share of transportation system improvements on the TIF project list. Transportation system improvements can include physical or operational changes to existing transportation facilities, as well as new transportation connections that are built in one location to benefit projected needs at another location. Projects funded by a TIF program must add new capacity to accommodate future growth in the City. The types of investments typically funded by a TIF program in Washington State include new travel lanes, bike lanes, planting strips, sidewalks, crosswalks, midblock crossings, traffic signals, roundabouts, overhead signage, lighting, etc. In 2023, the Washington State Legislature passed Senate Bill 5452, which broadens the type of infrastructure that can be funded by TIF fees to include “bicycle and pedestrian facilities that were designed with multimodal commuting as an intended use.” With this bill now signed into law, transportation- oriented trails projects outside of the right of way have been added alongside streets and roads as public facilities on which impact fees can be spent. TIF funds cannot be spent on non-capacity activities, like maintenance, and must be related to growth within the City–they cannot be spent addressing existing deficiencies or capacity needs driven by growth outside of the jurisdiction. The City of Pasco is updating its TIF program to help fund high-priority transportation projects identified in its most recent Six-Year Transportation Improvement Plan3 which is consistent with Pasco’s Comprehensive Plan. Twenty transportation projects are included in the proposed TIF Program. Figure 2 shows the projects included in the program and their locations. 3 City of Pasco Resolution No. 4597, 2025-2030 TIP Revision, May 5 th 2025 Page 292 of 409 City of Pasco, Transportation Impact Fee Rate Study | 4 Figure 2. TIF Program Project List and Map Pa g e 2 9 3 o f 4 0 9 P City of Pasco, Transportation Impact Fee Rate Study | 5 Impact Fee Eligible Costs Figure 3 shows the calculation steps for determining the total impact fee eligible cost for each project included in the TIF Program. Figure 3. Equation for Calculating the Eligible Impact Fee Cost The City reviewed each transportation improvement project in the TIF program to account for other potential or anticipated funding sources. Two projects are anticipated to only be partially completed by 2045, so the costs of those projects were reduced to only include the portion of the project expected to be completed in the TIF program’s timeframe. Each project was evaluated to determine if any portion of the project would be needed to address deficiencies, based on the City’s adopted level of service (LOS) standards. Four projects on the proposed TIF list would be constructed, in part, to address current LOS deficiencies. For those projects, the portion of the project addressing the deficiency was calculated and that portion was removed from the eligible TIF project cost. Then travel patterns were analyzed at each project location using the BFCOG regional travel model to determine what proportion of estimated growth is from surrounding jurisdictions. Pasco does not have the authority to charge neighboring jurisdictions for their contribution to the need for projects on the TIF list. To account for this statutory limitation, adjustments were made for trips that pass- through Pasco or only have one end of the trip starting or ending in Pasco. For each project, the portion of growth within the City, including half of all trips that begin or end outside of Pasco, was calculated to range from 54-100% based on the project.4 The twenty projects included in the TIF program have an estimated combined total capital cost of $175.3 million. After accounting for other funding sources, anticipated project completion by 2045, existing deficiencies, and the percentage of growth within the City, the total eligible impact fee cost comes to $44.2 million, approximately 25% of the total estimated capital cost of the project list. Table 1 shows the TIF program cost calculation for each project. 4 This analysis examines the travel patterns of estimated new trips related to anticipated growth. In the case of four projects, 100% of the growth in traffic would come from uses in Pasco, which means the portion of new trips using this facility from outside of Pasco is either staying the same or decreasing compared to current travel patterns. Project costs were adjusted to account for other potential and anticipated funding sources and whether they are anticipated to be fully complete by 2045. Project Cost (1 - Existing Deficiency Percentage) Percentage of Growth within City Impact Fee Eligible Cost Page 294 of 409 P City of Pasco, Transportation Impact Fee Rate Study | 6 Table 1. TIF Program Cost Calculation Page 295 of 409 P City of Pasco, Transportation Impact Fee Rate Study | 7 TIF Districts A TIF district is a defined subarea of the city that is assessed a specific impact fee based on the estimated growth of a subarea and the contribution of that growth to the need for projects on the TIF list. Because people typically travel across district boundaries, growth within a district contributes to the need for projects citywide. District boundaries should be logical considering the relative impact of estimated growth in regions of Pasco. For this program, district boundaries were designated based on features like highways, major roads, and railroads. Figure 4 shows a map of the TIF Districts. Figure 4. TIF District Map with Project Locations Page 296 of 409 P City of Pasco, Transportation Impact Fee Rate Study | 8 Trip Growth and Distribution Determining the growth in travel demand caused by new development is a key requirement for a TIF program. The regional BFCOG travel model was used to estimate the expected development in each TIF district over the next 20 years. The ITE Trip Generation Manual, 11th Edition was used to estimate the PM peak hour trips generated by each district’s expected development. The BFCOG travel model was used to analyze travel patterns to determine the proportion share of each district’s expected growth on the need for each project in the TIF program. This proportionate share was used to calculate the eligible TIF program costs and resulting TIF rate for each district. TIF Rate Calculation To arrive at a recommended TIF rate per district, the total TIF program cost per district is divided by the total growth in PM peak hour trips per district based on development expected over the next 20 years. Table 2 shows the calculated PM peak hour vehicle trip TIF Rate for each district. 𝑇𝐼𝐹 𝑅𝑎𝑡𝑒 𝑝𝑒𝑟 𝑃𝑀 𝑃𝑒𝑎𝑘 𝐻𝑜𝑢𝑟 𝑉𝑒ℎ𝑖𝑐𝑙𝑒 𝑇𝑟𝑖𝑝 =𝑇𝐼𝐹 𝑃𝑟𝑜𝑔𝑟𝑎𝑚 𝐶𝑜𝑠𝑡 𝐺𝑟𝑜𝑤𝑡ℎ 𝑖𝑛 𝑉𝑒ℎ𝑖𝑐𝑙𝑒 𝑇𝑟𝑖𝑝𝑠 2025 𝑡𝑜 2045 Table 2. TIF Rate per District TIF District TIF Program Cost Growth in PM Peak Hour Vehicle Trips TIF Rate per PM Peak Hour Trip North $18,703,893 8,441 $2,215.84 West $9,625,217 6,896 $1,395.77 South $11,567,822 3,238 $3,572.52 East $4,305,526 5,302 $812.06 Total $44,202,458 23,877 Page 297 of 409 P City of Pasco, Transportation Impact Fee Rate Study | 9 How to Develop an Impact Fee Estimate The transportation impact fee is calculated by the net estimated vehicle PM peak trips generated by a proposed development multiplied by the current transportation impact fee per PM peak hour trip for the TIF District where the project is located. When estimating an impact fee for a development or land use change, the following procedure should be used to estimate PM peak hour vehicle trips and associated impact fees: 1. Review the most recent version of the ITE Trip Generation Manual for the estimated number of PM peak vehicle trips, selecting the most appropriate land use for the proposed development based on sound engineering judgement and land uses available from the ITE Manual. 2. Reduce PM peak hour vehicle trips based on the pass-by rate, if applicable, in the most recent version of the ITE manual. a. The use of pass-by rates from the ITE Trip Generation Manual applies to select land uses from the following land use categories: i. Institutional ii. Retail iii. Services. 3. Apply internal capture rates for mixed-use developments. a. Internal capture adjustments apply to mixed-use developments only and should be based on the most recent version of the ITE manual. These calculations identify the number of internal trips (those within a mixed-use development) and external trips (those starting or ending outside of the mixed-use development). 4. Multiply the resulting estimate for new PM peak vehicle trips by the adopted cost per trip rate for the relevant TIF District. Future Updates and Adjustments To ensure that the impact fee program remains relevant to funding projects that are important to the community and support growth needs, Fehr š Peers recommends considering whether an update to the impact fee program is necessary every two-to-five years to reflect potential changes to the project list, funding, and growth assumptions. The City should consider adopting an annual TIF rate inflation adjustment based on a relevant cost index data source. Page 298 of 409 P City of Pasco, Transportation Impact Fee Rate Study | 10 Appendix A. Pasco District Rate Calculation Page 299 of 409 ID Project Name Project Cost Estimate Estimated Project Delivery by 2045 Estimated TIF Funding % TIF Project Cost Estimate Non- Deficiency (% Eligible) Portion of Trips from Pasco Cost Included in TIF Program % West % North % South % East West North South East 1 Rd 40 E Extension 1,330,000$ 100% 43% 570,000$ 100% 100% 570,000$ 21% 21% 10% 48% 119,700$ 119,700$ 57,000$ 273,600$ 2 Burns Rd Extension 6,000,000$ 100% 75% 4,500,000$ 100% 86% 3,870,000$ 31% 45% 10% 0% 1,395,000$ 2,025,000$ 450,000$ -$ 3 Road 76 Overpass 30,759,000$ 100% 40% 12,303,600$ 100% 74% 9,104,664$ 0% 42% 32% 0% -$ 5,167,512$ 3,937,152$ -$ 4 Sandifur Pkwy/Rd 76 2,031,000$ 100% 80% 1,624,800$ 9% 94% 137,458$ 25% 48% 20% 1% 36,558$ 70,191$ 29,246$ 1,462$ 5 Burden Blvd/Rd 60 2,170,000$ 100% 80% 1,736,000$ 100% 100% 1,736,000$ 15% 54% 31% 0% 260,400$ 937,440$ 538,160$ -$ 6 Burden Rd/Madison Ave 2,170,000$ 100% 80% 1,736,000$ 30% 100% 520,800$ 11% 53% 32% 4% 57,288$ 276,024$ 166,656$ 20,832$ 7 Burden Rd/Rd 44 2,170,000$ 100% 80% 1,736,000$ 100% 66% 1,145,760$ 8% 57% 1% 0% 138,880$ 989,520$ 17,360$ -$ 8 Lewis St/Heritage Blvd 2,400,000$ 100% 70% 1,680,000$ 100% 88% 1,478,400$ 10% 14% 5% 59% 168,000$ 235,200$ 84,000$ 991,200$ 9 Rainier Ave/Kartchner St 2,400,000$ 100% 70% 1,680,000$ 22% 83% 306,768$ 3% 0% 13% 67% 11,088$ -$ 48,048$ 247,632$ 10 Sandifur Pkwy/Rd 84 2,250,000$ 100% 70% 1,575,000$ 100% 100% 1,575,000$ 45% 53% 1% 1% 708,750$ 834,750$ 15,750$ 15,750$ 11 Rd 76 Improvements 2,000,000$ 100% 50% 1,000,000$ 100% 88% 880,000$ 12% 44% 32% 0% 120,000$ 440,000$ 320,000$ -$ 12 Sandifur Pkwy/Convention Dr 2,310,000$ 100% 90% 2,079,000$ 19% 81% 319,958$ 28% 53% 0% 0% 110,603$ 209,355$ -$ -$ 13 Argent Rd Widening (Phase 4) 5,900,000$ 100% 90% 5,310,000$ 100% 60% 3,186,000$ 3% 38% 6% 13% 159,300$ 2,017,800$ 318,600$ 690,300$ 14 Court Street/Road 60 2,950,000$ 100% 80% 2,360,000$ 100% 78% 1,840,800$ 17% 7% 53% 1% 401,200$ 165,200$ 1,250,800$ 23,600$ 15 Burns Rd Extension to Glade Road 28,000,000$ 50% 70% 9,800,000$ 100% 75% 7,350,000$ 4% 43% 12% 16% 392,000$ 4,214,000$ 1,176,000$ 1,568,000$ 16 Harris Rd/Crescent Rd Overpass 54,000,000$ 10% 40% 2,160,000$ 100% 76% 1,641,600$ 42% 6% 28% 0% 907,200$ 129,600$ 604,800$ -$ 17 I-182/Broadmoor Blvd I/C 5,600,000$ 100% 80% 4,480,000$ 100% 65% 2,912,000$ 50% 2% 5% 8% 2,240,000$ 89,600$ 224,000$ 358,400$ 18 Burns Rd/Rd 68 2,000,000$ 100% 75% 1,500,000$ 100% 54% 810,000$ 8% 41% 4% 1% 120,000$ 615,000$ 60,000$ 15,000$ 19 Court Street/Road 100 6,000,000$ 100% 70% 4,200,000$ 100% 94% 3,948,000$ 39% 4% 51% 0% 1,638,000$ 168,000$ 2,142,000$ -$ 20 Harris Rd Realignment 1,900,000$ 100% 75% 1,425,000$ 100% 61% 869,250$ 45% 0% 9% 7% 641,250$ -$ 128,250$ 99,750$ Total Project Cost 175,315,000$ Total TIF Program 44,202,458$ Total TIF Program per District 9,625,217$ 18,703,893$ 11,567,822$ 4,305,526$ TIF Projects Program Cost Calculation District Distribution District Proportional Program Cost Pa g e 3 0 0 o f 4 0 9 Ordinance – Amending PMC Related to TIF - 1 FG: 103763018.1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, RELATED TO TRANSPORTATION IMPACT FEES, AMENDING CERTAIN PROVISIONS IN CHAPTERS 3.35 AND 3.40 OF THE PASCO MUNICIPAL CODE, AND PROVIDING FOR SEVERABILITY AND AN EFFECTIVE DATE. WHEREAS, the Growth Management Act, Chapter 36.70A RCW (“GMA”) requires certain Washington cities and counties to address the effects of uncoordinated and unplanned growth by engaging in comprehensive growth planning; and WHEREAS, the City of Pasco is a city required to plan under the GMA; and WHEREAS, the GMA and RCW 36.70A.040 and .070 require certain cities to adopt and periodically update a comprehensive plan and development regulations consistent with said comprehensive plan, with the comprehensive plan containing eight (8) mandatory elements including a Capital Facilities Element and Transportation Element; and WHEREAS, RCW 36.70A.070(3) requires that a Capital Facilities Element include (a) an inventory of existing capital facilities owned by public entities; (b) a forecast of capital facilities’ future needs; (c) proposed locations and capacities of expanded or new capital facilities; (d) at least a six-year plan that will finance such capital facilities within projected funding capacities and that clearly identifies sources of public money for such purposes; and (e) a requirement to reassess the land use element if probable funding falls short of meeting existing needs and to ensure that the land use element, capital facilities plan element, and capital facilities element’s financing plan are coordinated and consistent; and WHEREAS, to ensure that adequate facilities are available to serve new growth and development, and to facilitate the ability of counties, cities and towns to provide funding for, and to require that new growth and development pay a proportionate share of, the cost of new facilities needed to serve new growth and development addressed in the Capital Facilities Element of a GMA comprehensive plan, the Legislature included in the GMA express authorization for cities and counties to impose impact fees on development activity as part of the financing for public facilities; and WHEREAS, the City of Pasco has previously adopted ordinances requiring that all developers shall pay transportation impact fees in accordance with the provisions of Chapters 3.35 and 3.40 of the Pasco Municipal Code (“PMC”) at the time that an applicable development permit is available for issuance; and WHEREAS, the City of Pasco is in the process of adopting a periodic update of its Comprehensive Plan in order to comply with GMA mandates in RCW 36.70A.130; and WHEREAS, the City has updated its capital facilities planning and identified Page 301 of 409 Ordinance – Amending PMC Related to TIF - 2 FG: 103763018.1 transportation capital facilities that are needed to serve projected new growth and development; and WHEREAS, the City of Pasco has not updated its transportation impact fee since 2009; and WHEREAS, using a carefully crafted regional transportation model other engineering review, the City has analyzed the extent to which new development in different areas of the City require, and would benefit from, the transportation capital projects identified as needed to serve projected new growth and development; and WHEREAS, the results of the City’s analysis are set forth in the April, 2025 Pasco Transportation Impact Fee (TIF) Rate Study prepared by Fehr & Peers; and WHEREAS, the Pasco City Council desires to amend applicable provisions of the PMC in order to update the City’s transportation impact fee and fee schedule, in order to ensure that new growth and development pays a proportionate share of, the cost of new transportation facilities needed to serve that new growth and development; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. PMC Section 3.35.230 Amended. Pasco Municipal Code Section 3.35.230 is hereby amended as follows: 3.35.230 Transportation impact fees. Fee/Charge Reference Residential developments $709.00 3.40.060 Multifamily units $435.00 3.40.060 Commercial $43.00 per daily vehicle trip 3.40.060 Fee/PM Peak Hour Trip North TIF District* $2,215.84 West TIF District $1,395.77 South TIF District $3,372.52 East TIF District $812.06 *See Figure 1 for TIF Districts map. Page 302 of 409 Ordinance – Amending PMC Related to TIF - 3 FG: 103763018.1 Beginning January 1, 2027, and annually thereafter, the transportation impact fees for all zones charged during the preceding calendar year shall be increased by the year-over-year annual, positive percentage change shown in the Engineering News Record Construction Cost Index for the Seattle, Washington, area as reported for the preceding July. Such adjusted transportation impact fees shall be set forth in the City’s fee schedule, to be effective January 1 of each year. FIGURE 1 – TIF DISTRICTS MAP [Ord. 3905, 2009; Ord. 3719, 2005; Code 1970 § 3.07.220.] Section 2. Chapter 3.40 PMC Amended. Chapter 3.40 of the Pasco Municipal Code is hereby amended as set forth in Exhibit B attached to and incorporated by this reference. Chapter 3.40 IMPACT FEES Sections: 3.40.010 Findings and purpose. 3.40.020 Applicability. 3.40.030 Geographic scope and service area. 3.40.040 Definitions. 3.40.050 Imposition of transportation impact fees. 3.40.060 Fee schedule. 3.40.070 Time of payment of impact fee. 3.40.080 Credits. 3.40.090 Permitted adjustments. 3.40.100 I-182 corridor traffic impact fund Transportation impact fee fund. Page 303 of 409 Ordinance – Amending PMC Related to TIF - 4 FG: 103763018.1 3.40.110 Refunds. 3.40.120 Appeals. 3.40.130 Enforcement. 3.40.140 Relationship to SEPA 3.40.150 Relationship to concurrency. 3.40.160 Project list. 3.40.170 Calculation of impact fees. 3.40.180 Independent fee calculation. 3.40.010 Findings and purpose. Pursuant to RCW 82.02.050 through 82.02.100, the city adopts impact fees for transportation. The City Council finds and determines that new growth and development activities within the City will create additional demand for the construction, improvement and utilization of public streets, roadways, and right-of- way improvements by bringing additional residents, visitors, businesses and customers into the City; and further finds that new growth and development activities should pay a proportionate share of the costs of such necessary transportation and circulation facilities needed to serve this new growth and development activity. It is therefore necessary to regulate property development to improve public transportation facilities in order to through mitigating mitigate the direct impacts of the development, and to by the assessment of transportation impact fees to insure ensure that system improvements to these transportation facilities are adequately funded and available to serve the increased demand resulting from this growth and development and that new growth and development pays a predictable, proportionate share of the infrastructure costs attributable to new growth. It is the intent that the provisions of this chapter shall be liberally construed to effectively carry out the purposes of the Council in establishing this transportation impact fee. [Ord. 4688 § 1, 2023; Ord. 3719 § 1, 2005; Code 1970 § 3.132.010.] 3.40.020 Applicability. The City shall collect transportation impact fees as provided in this Chapter as provided in PMC 3.35.230 from any applicant seeking a development approval from the City for any development activity within that portion of the City identified in PMC 3.40.030 3.40.040, where such development activity requires the issuance of a building or occupancy permit. This shall include, but not be limited to, the development of residential, commercial, retail, office, and industrial land, and includes the expansion of existing uses that create an additional demand upon public transportation facilities, as well as a change in an existing use that creates an additional demand for public transportation facilities. Transportation Impact fees shall be collected prior to the issuance of development approval, unless deferred as provided in this Chapter. [Ord. 4688 § 1, 2023; Ord. 3719 § 1, 2005; Code 1970 § 3.132.020.] Page 304 of 409 Ordinance – Amending PMC Related to TIF - 5 FG: 103763018.1 3.40.030 Geographic scope and service area. The boundaries within which the transportation impact fees shall be charged and collected are co-extensive with the City of Pasco corporate boundaries, those areas within the I-182 Corridor Subarea lying west of 20th Avenue bounded on the north by the northern City boundaries and on the south and west by the Columbia River, and shall include all unincorporated areas annexed to the City on or after the effective date of the ordinance codified in this chapter. For the purpose of this chapter, the entire City shall be considered one service area. and the dDevelopment activity on of unincorporated properties that may create an additional demand upon the public traffic facilities within the service area this geographic area imposed may be addressed in pursuant to an interlocal agreement between the City and the County specifically addressing the identification identifying and mitigation mitigating of these transportation impacts. [Ord. 4688 § 1, 2023; Ord. 3719 § 1, 2005; Code 1970 § 3.132.030.] 3.40.040 Definitions. “Applicant for impact fee deferral” means an applicant for a development approval building permit that also makes an application for impact fee deferral. “Applicant for impact fee deferral” It includes an entity that controls the applicant, is controlled by the applicant or is under common control with the applicant. "Development activity" means construction or expansion of any residential, commercial, retail, office, and industrial building, structure, or use, any change to or expansion in use of any such building or structure, or any changes in the use of land, that creates additional demand and need for public transportation facilities. Development activity" does not include: buildings or structures constructed by a regional transit authority; or buildings or structures constructed as shelters that provide emergency housing for people experiencing homelessness, or emergency shelters for victims of domestic violence, as defined in RCW 70.123.020. “Development approval” means a building or occupancy permit authorizing the commencement of a specific development activity. “TIF District” means a geographical sub-area of the City service area, in which a specific transportation impact fee rate is imposed based on the proportional share of the cost of transportation public facility improvements within the overall service area, as determined by the relative transportation service demands and needs of the estimated new growth within the TIF District. The TIF Districts are shown in Figure 1 to PMC Section 3.35.230. "Impact fee" means a payment of money imposed upon development as a condition of development approval to pay for public facilities needed to serve new growth and development, and that is reasonably related to the new development that creates additional demand and need for public facilities, that is a proportionate share of the cost of the public facilities, and that is used for facilities that reasonably benefit the Page 305 of 409 Ordinance – Amending PMC Related to TIF - 6 FG: 103763018.1 new development. "Impact fee" does not include a reasonable permit or application fee. “Project list” means system improvements set forth in PMC 3.40.160. “Service area" means a geographic area defined by the City in which a defined set of public facilities provide service to development within the area. “Transfer” means sale as defined in RCW 82.45.010, forfeiture, foreclosure, trade, gift, receivership, bankruptcy or other change in ownership or interest in real property or improvements. [Ord. 4688 § 1, 2023; Ord. 4307, 2016; Code 1970 § 3.132.035.] 3.40.050 Imposition of transportation impact fees. Transportation impact fees shall: (1) Be imposed only for system improvements that are reasonably related to the new development. (2) Not exceed a proportionate share of the costs of system improvements that are reasonably related to the new development. (3) Be used for system improvements that will reasonably benefit the new development. (4) May be collected and spent only for transportation and right-of-way system and right-of-way improvements which are addressed by the capital facilities plan element of the City of Pasco Comprehensive Land Use Plan and adopted Ssubarea Pplans addressing the following elements: (a) Deficiencies in public transportation facilities serving existing development and the means by which existing deficiencies will be eliminated within a reasonable period of time; (b) Additional demands placed on existing public facilities by new development; and (c) Additional public facility improvements required to serve new development. (5) Should not be imposed to mitigate the same off-site transportation facility impacts that are mitigated by any other assessment required by RCW 43.21C ordinance or law of for the same development. [Ord. 4688 § 1, 2023; Ord. 3719 § 1, 2005; Code 1970 § 3.132.040.] Page 306 of 409 Ordinance – Amending PMC Related to TIF - 7 FG: 103763018.1 3.40.060 Fee schedule. The transportation impact fee shall be collected from an applicant for development approval paid according to the rate schedule as set forth in PMC 3.35.230 for the TIF District in which the development activity is proposed, and calculated as provided in Section 3.40.170. The rate schedule in PMC 3.35.230, the TIF Districts and the service area have been determined based on the City of Pasco TIF Rate Study available on file with the Pasco Community & Economic Development Director and which analyzed the anticipated number and distribution of vehicle trips generated by new growth and development and their direct impact on the transportation system and benefit from system improvements needed to serve the new development. [Ord. 4688 § 1, 2023; Ord. 3719 § 1, 2005; Code 1970 § 3.132.050.] 3.40.070 Time of payment of impact fee. (1) All developers shall pay an impact fee in accordance with the provisions of this chapter at the time of issuance of development approval, unless fee payment is deferred as provided in subsection (2) of this section. that the applicable development permit is available for issuance. The impact fee as initially calculated, after issuance of a development permit approval, may be recalculated at the time of payment if the development is modified or conditioned in such a way as to alter the trip generation rate for the development activity. No development permit approval shall be issued until the impact fee is paid, except when a developers defers payment as provided in this section until building permits are issued for the lots within the subdivision, short plat, or planned unit development for single-family detached and attached residential construction. A developer may obtain a preliminary determination of the impact fee before application for a development permit upon providing the Director of Community and Economic Development with the information necessary for processing the application. Impact fees may be paid under protest in order to obtain a permit or other approval of development activity. (2) Deferral of Impact Fees. For each development approval construction permit for which any impact fee deferral is applied for, an administrative fee set in Chapter 3.35 PMC must simultaneously be paid to the City due to the increased burden placed on City staff for processing, recording and monitoring such deferrals. (a) A separate application must be submitted for each development approval construction permit. Each applicant, in accordance with his or her contractor registration number or other unique identification number, is entitled to annually receive deferrals for 20 development approvals construction building permits. The Page 307 of 409 Ordinance – Amending PMC Related to TIF - 8 FG: 103763018.1 Community and Economic Development Director is authorized to grant additional deferrals beyond the standard entitlement of 20. If the City at any time collects impact fees on behalf of one or more school districts for which the collection of impact fees could be delayed, the City must consult with the district or districts about additional deferrals. The City must give additional weight to recommendations of each applicable school district regarding the number of deferrals. If the City disagrees with the recommendations of one or more school districts, the City must provide the district or districts with a written rationale for its decision. (b) The period of deferral expires at the earliest of: (i) The time of final inspection by the City; (ii) The time of issuance of a certificate of occupancy by the City; (iii) The time of closing or the first transfer of the property occurring after the issuance of the applicable building permit; or (iv) Eighteen months after the building permit is issued by the City. (c) Final inspection and a certificate of occupancy will not be conducted or issued until payment in full of the impact fees is made. For the first transfer of the property, the impact fees shall be paid at closing if they have not been previously paid. Unless an agreement to the contrary is reached between the buyer and the seller, the payment of impact fees due at closing of a sale must be made from the seller’s proceeds. In the absence of an agreement to the contrary, the seller bears strict liability for the payment of the impact fees. (d) The applicant for impact fee deferral must grant and record in favor of the City an impact fee lien in the amount of the deferred impact fee. The lien must be in a form signed, dated and approved by the City Attorney, and signed by all owners of the property and persons or entities holding any interest in the property, with all signatures acknowledged as required for a deed, and recorded among the appropriate land records of Franklin County. Proof of such recording shall be submitted to the City before a building permit may be issued. The lien must specify that it is binding on all successors in title after the recordation. The lien may specify that it is subordinate to one mortgage for the purpose of construction upon the same real property granted by the applicant for impact fee deferral. A mortgage, deed of trust or other financing mechanism shall be limited to the property upon which construction will occur. A lien not paid when due shall bear interest at the statutory rate. A lien shall become due at the expiration of the deferral date. (e) If impact fees are not paid in accordance with this section, the City may institute foreclosure proceedings in accordance with Chapter 61.12 RCW. If the City of Pasco does not institute foreclosure proceedings for unpaid school impact fees within 45 days after receiving notice from a school district requesting that it do so, the district may institute foreclosure proceedings with respect to the unpaid school impact fees. Page 308 of 409 Ordinance – Amending PMC Related to TIF - 9 FG: 103763018.1 (f) After full payment of impact fees, and upon written request of the person paying said fees containing the name and address of the requester together with a copy of a proposed lien release form, the City, upon approval by the City Attorney, shall sign a lien release and deliver it to the person paying said fee either in person or by first-class mail. The property owner at the time of the release, at his or her expense, is responsible for recording the lien release. (g) An annual report shall be prepared by the Department of Community and Economic Development Department evaluating and summarizing the impact(s) of the deferral program. [Ord. 4726 § 1, 2024; Ord. 4688 § 1, 2023; Ord. 4307, 2016; Ord. 3719 § 1, 2005; Code 1970 § 3.132.060.] 3.40.080 Credits. A credit, not to exceed the amount of the transportation impact fee otherwise required under this chapterpayable, shall be provided for the actual value of any dedication of land for, improvement to, or new construction of any transportation system improvements provided by the developer and to facilities that are identified in the Comprehensive Plan capital transportation facilities element plan (or other plan expressly adopted by reference therein), and required by the City as a condition of a development approvaling the development activity subject to the permit. A credit shall also be provided in the amount of a transportation impact fee calculated under Ordinance No. 3905 and imposed as a condition of development approval prior to June 25, 2025. [Ord. 4688 § 1, 2023; Ord. 3719 § 1, 2005; Code 1970 § 3.132.070.] 3.40.090 Permitted adjustments. The Director of Community and Economic Development may adjust the standard transportation impact fee at the time the fee is imposed as may be necessary to accommodate unusual circumstances in specific cases to insure ensure that impact fees are imposed fairly. The amount of the fee to be imposed on a particular development may be adjusted by the Director of Community and Economic Development after having given consideration to studies and other data available to the Director of Community and Economic Development or submitted by the developer demonstrating to the satisfaction of the Director of Community and Economic Development that an adjustment should be made in order to carry out the purposes of this chapter. The transportation impact fee may provide for system improvement costs previously incurred by the City to the extent that new growth and development will be served by the previously constructed improvements provided such fee shall not be imposed to make up for any systems improvement deficiencies. [Ord. 4688 § 1, 2023; Ord. 3719 § 1, 2005; Code 1970 § 3.132.080.] 3.40.100 I-182 corridor traffic impact fund Transportation impact fee fund. Page 309 of 409 Ordinance – Amending PMC Related to TIF - 10 FG: 103763018.1 The I-182 Corridor Transportation Impact Fee Fund is hereby created into which traffic impact fees shall be deposited as a special interest bearing account. All interest shall be retained in the account and expended for the purpose or purposes for which the traffic impact fees were imposed. Annually, a report showing the source and amount of all moneys collected, earned or received to the account, and system improvements that were financed in whole or in part by the impact fees shall be prepared and presented to the City Council. Traffic impact fees for transportation system improvements shall be expended only in conformance with the City of Pasco Comprehensive Plan capital facilities plan element (and any other plan expressly adopted by reference therein) and adopted subarea plans of the City of Pasco Comprehensive Plan, and TIF Project List adopted in PMC 3.40.160 or as hereafter amended. Traffic impact fees shall be expended or encumbered for permissible use within six ten years of receipt, unless there exists an extraordinary or compelling reason for fees to be held longer than six ten years. Such extraordinary or compelling reasons shall be identified in written findings by the City Council. [Ord. 4688 § 1, 2023; Ord. 3719 § 1, 2005; Code 1970 § 3.132.090.] 3.40.110 Refunds. (1) The current owner of the property as reflected in the records of the Franklin County Auditor, on which an impact fee has been paid, may receive a refund of such fees if the City fails to expend or encumber the impact fees within six ten years of the date the fees were paid or longer as designated by the City Council by written findings on public transportation facilities intended to benefit the development activity for which the impact fees were paid. In determining whether traffic impact fees have been encumbered, impact fees shall be considered encumbered on a first in, first out basis. The City shall notify potential claimants by first-class mail deposited with the United States postal service at the last known address of the claimant. (2) The request for refund must be submitted to the City Council by depositing the same in the office of the City Clerk by written notice within one year of the date the right to claim the refund arises or the date that notice is given, whichever is later. Any impact fees that are not expended within these time limits, and for which no application for refund has been made within this one-year period, shall be retained and expended on the indicated capital facilities. Refunds of transportation impact fees shall include actual interest earned on the impact fees. (3) In the event the City seeks to terminate any and all impact fee requirements, all unexpended or unencumbered funds, including interest earned, shall be refunded. Upon the finding by the City Council that any and all fund requirements are to be terminated, the City shall place a notice of such termination and the availability of refunds in a newspaper of general circulation at least two times and shall notify all potential claimants by first-class mail to the last known address of Page 310 of 409 Ordinance – Amending PMC Related to TIF - 11 FG: 103763018.1 the claimants. All funds available for refund shall be retained for a period of one year. At the end of one year, any remaining funds shall be retained by the City, but must be expended for the indicated public transportation facility. This notice requirement shall not apply if there are no unexpended or unencumbered balances within the account being terminated. (4) A developer may request and shall receive a refund, including interest earned on the impact fees, when the developer does not proceed with the development activity and no impact has resulted. [Ord. 4688 § 1, 2023; Ord. 3719 § 1, 2005; Code 1970 § 3.132.100.] 3.40.120 Appeals. (1) A developer may appeal the amount of a transportation impact fee determined by the Director of Community and Economic Development to the City Hearing Examiner under the procedures provided in Chapter 25.195 PMC. The developer shall have the burden of proving: (a) An error was committed in calculating the assessment of the impact fee or the developer’s proportionate share. (b) Such fee does not mitigate a direct impact. (c) The City based its determination on incorrect data. A developer may also submit such other information deemed relevant or appropriate for the purpose of disputing the impact fee. (d) The Director of Community and Economic Development shall meet with the developer and such other parties as are deemed necessary in order to resolve the dispute. If the dispute is not resolved by the Director, the developer may appeal the imposition of the impact fee to the Hearing Examiner. The Hearing Examiner only determines whether the fee is reasonable, but does not make any adjustment thereto. The Hearing Examiner may remand the matter to the Community and Economic Development Department for further consideration consistent with the Hearing Examiner’s decision. (2) An appeal from a decision of the Director of Community and Economic Development must be filed with the Hearing Examiner within 10 calendar days of the Director’s written decision regarding the fee amount. [Ord. 4688 § 1, 2023; Ord. 3719 § 1, 2005; Code 1970 § 3.132.110.] 3.40.130 Enforcement. When a development has been identified as having a direct impact upon the public transportation facilities, and an impact fee has not been paid, the requested permit may be denied. Page 311 of 409 Ordinance – Amending PMC Related to TIF - 12 FG: 103763018.1 A development permit issued after the effective date of the ordinance codified in this chapter shall be null and void if issued without substantial compliance with this chapter. [Ord. 4688 § 1, 2023; Ord. 3719 § 1, 2005; Code 1970 § 3.132.120.] 3.40.140 Relationship to SEPA. Nothing in this chapter shall be construed as limiting applicable requirements for environmental review of proposed development activity pursuant to SEPA and other applicable city ordinances and regulations. Requirements to construct transportation system or project improvements and/or to pay mitigation fees may be imposed to mitigate adverse impact identified through SEPA or other environmental review, in addition to payment of transportation impact fees under this Chapter; provided, however, that a person required to pay a fee pursuant to SEPA environmental review for a specific system improvement shall not be required to pay that portion of an impact fee imposed under this chapter for that same system improvement. Nothing in this chapter shall be construed to limit the city’s authority to deny development permits when a proposal would result in significant adverse transportation impacts identified through SEPA environmental review, and reasonable mitigation measures are insufficient to mitigate the identified impact. 3.40.150 Relationship to concurrency. Neither compliance with this chapter, or the payment of any fee hereunder, shall constitute a determination of transportation concurrency under PMC Chapter 12.36. 3.40.160 Project List. The transportation system improvements included in the transportation impact fee program are: 1. Rd 40 E Extension 2. Burns Rd Extension 3. Road 76 Overpass 4. Sandifur Pkwy/Rd 76 5. Burden Blvd/Rd 60 6. Burden Rd/Madison Ave 7. Burden Rd/Rd 44 8. Lewis St/Heritage Blvd 9. Rainier Ave/Kartchner St 10. Sandifur Pkwy/Rd 84 11. Rd 76 Improvements 12. Sandifur Pkwy/Convention Dr 13. Argent Rd Widening (Phase 4) 14. Court St/Rd 60 15. Burns Rd Extension to Glade Rd 16. Harris Rd/Crescent Rd Overpass 17. I-182/Broadmoor Blvd I/C Page 312 of 409 Ordinance – Amending PMC Related to TIF - 13 FG: 103763018.1 18. Burns Rd/Rd 68 19. Court St/Rd 100 20. Harris Rd Realignment 3.40.170 Calculation of impact fees. The transportation impact fee is calculated by the net calculated vehicle PM peak trips generated by a proposed development multiplied by the current transportation impact fee per PM peak hour trip set forth in PMC 3.35.230 for the TIF District the project is located. When estimating an impact fee for a development or land use change, the following procedure should be used to estimate PM peak hour vehicle trips and associated impact fees: 1. Review the most recent version of the ITE Trip Generation Manual for the estimated number of PM peak vehicle trips, selecting the most appropriate land use for the proposed development based on sound engineering judgement and land uses available from the ITE Manual. 2. Reduce PM peak hour vehicle trips based on the pass-by rate in the most recent version of the ITE manual. a. The use of pass-by rates from the ITE Trip Generation Manual applies to select land uses from the following land use categories: i. Institutional ii. Retail iii. Services. 3. Apply internal capture rates for mixed-use developments. a. Internal capture adjustments apply to mixed-use developments only and should be based on the most recent version of the ITE manual. These calculations identify the number of internal trips (those within a mixed-use development) and external trips (those starting or ending outside of the mixed-use development). 4. Multiply the resulting estimate for new PM peak vehicle trips by the adopted cost per trip rate for the relevant TIF District. 3.40.180 Independent fee calculation. As an alternative to payment of impact fees as provided in the schedules set forth in this chapter, any person required to pay impact fees may request that such fees be calculated according to an independent fee calculation study submitted by such person and approved by the Community & Economic Development Director as provided in this section. A person required to pay impact fees may submit an independent fee calculation study for one or more impact fees and use the impact fee schedules in this chapter for one or more impact fees. Page 313 of 409 Ordinance – Amending PMC Related to TIF - 14 FG: 103763018.1 All independent fee calculation studies shall be submitted to the Director for review and approval. The study shall be accompanied by the fee set by City Council resolution for the review of such studies. The independent fee calculation study shall meet the following standards: a. The study shall follow accepted impact fee assessment practices and methodologies. b. The study shall use acceptable data sources, and the data shall be comparable with the uses and intensities proposed for the proposed development activity. c. The study shall comply with the applicable State laws governing impact fees, including but not limited to RCW 82.02.060 or its successor. d. The study, including any data collection and analysis, shall be prepared and documented by professionals qualified in their respective fields. e. The study shall show the basis upon which the independent fee calculation was made. The Director shall consider the study and documentation submitted by the person required to pay the impact fees but is not required to accept the study if the Director decides the study is not accurate or reliable. The Director may, in the alternative, require the person submitting the study to submit additional or different documentation for consideration. If the Director decides that outside experts are needed to review the study, the applicant shall be responsible for paying for the reasonable cost of a review by outside experts. If an acceptable independent fee calculation study is not presented, the person shall pay the impact fees based upon the process and schedules in this chapter If an acceptable independent fee calculation study is presented, the Director may adjust the fee to that appropriate to the particular development activity. Section 3. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this ordinance. Section 4. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 5. Effective Date. This Ordinance shall take effect and be in full force following five (5) days after its passage, approval, and publication as required by law, but no earlier than June 25, 2025. Page 314 of 409 Ordinance – Amending PMC Related to TIF - 15 FG: 103763018.1 PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: _____________________________ Page 315 of 409 Pasco Transportation Impact Fee (TIF) Rate Study Five District Program Prepared for: Submitted on: City of Pasco May 22, 2025 Page 316 of 409 P Table of Contents Introduction ..................................................................................................................................... 1 Methodology .................................................................................................................................. 2 Project List ..................................................................................................................................... 3 Impact Fee Eligible Costs ............................................................................................................. 5 TIF Districts .....................................................................................................................................7 Trip Growth and Distribution ........................................................................................................ 8 TIF Rate Calculation ...................................................................................................................... 8 How to Develop an Impact Fee Estimate .................................................................................... 9 Future Updates and Adjustments ................................................................................................ 9 List of Figures Figure 1. Impact Fee Structure ...................................................................................................................................... 2 Figure 2. TIF Program Project List and Map ............................................................................................................. 4 Figure 3. Equation for Calculating the Eligible Impact Fee Cost ........................................................................ 5 Figure 4. TIF District Map with Project Locations ................................................................................................... 7 List of Tables Table 1. TIF Program Cost Calculation ........................................................................................................................ 6 Table 2. TIF Rate per District ......................................................................................................................................... 8 Appendices Appendix A. Pasco District Rate Calculation Page 317 of 409 City of Pasco, Transportation Impact Fee Rate Study | 1 Introduction Since 1990, Washington State law (RCW 82.02.050) has allowed jurisdictions to establish transportation impact fee (TIF) programs to fund capacity projects needed to support growth. The City of Pasco adopted a TIF program in 2005.1 In 2009, the City updated the fees of the TIF program2. The current TIF rates are unchanged from the 2009 update and are defined in Pasco Municipal Code (PMC) 3.35.230 as follows: PMC 3.35.230 Transportation impact fees. Fee/Charge Residential developments $709.00 per unit Multifamily units $435.00 per unit Commercial $43.00 per daily vehicle trip PMC 3.40 further outlines Pasco’s current transportation impact fee program. In the current program transportation impact fees shall be charged and collected for developments inside city limits, but west of 20th Avenue. State law requires jurisdictions to allow independent fee calculations, enabling any development to submit justification for a reduced fee based on trip data specific to its proposal. The remaining sections of the report describe the impact fee program methodology, the analyses performed, and the resulting recommendations. 1 City of Pasco Ordinance No 3719, March 21st 2005. 2 City of Pasco Ordinance No 3905, February 2nd 2009. Page 318 of 409 City of Pasco, Transportation Impact Fee Rate Study | 2 Methodology The transportation impact fee structure for the City of Pasco was designed to determine the fair share of transportation improvement costs that may be charged to new development. The following key points summarize the impact fee structure (see Figure 1):  A TIF project list was developed from eligible projects identified in the adopted Transportation Improvement Plan  These projects were evaluated for impact fee eligibility. Non-capacity investments, primarily maintenance, and safety improvement projects were eliminated.  Of the remaining eligible projects, the portion of those projects addressing existing deficiencies or carrying non-city growth were subtracted from eligible costs.  The remaining eligible program costs were divided by Pasco’s expected growth in PM peak hour trips over the next 20 years. The City has chosen to develop a multi- district program in which distinct geographical areas of Pasco are assessed different impact fee rates based on the proportionate share of the cost of transportation improvements projects related to service demands and needs of the estimated growth in PM peak hour trips of the district. The Ben Franklin Council of Governments (BFCOG) Travel Demand Models for the years 2025 and 2045 were used to estimate growth in PM peak hour trips in each TIF District, and to determine proportionate share of costs for each project based on travel patterns in Pasco. The City reviewed each transportation improvement project in the TIF program to account for other potential or anticipated funding sources. This further reduced the proportion of the cost of transportation improvement projects that are included in the proposed TIF program. This program assesses fees based on a cost per PM peak hour vehicle trip. Figure 1. Impact Fee Structure Page 319 of 409 City of Pasco, Transportation Impact Fee Rate Study | 3 Project List Washington State law (RCW 82.02.050) allows jurisdictions to establish TIF programs to fund “transportation system improvements” included in the capital facilities element of a jurisdiction’s comprehensive plan. TIF funds must be spent or encumbered within 10 years of collection and are assessed based on a development’s proportionate share of transportation system improvements on the TIF project list. Transportation system improvements can include physical or operational changes to existing transportation facilities, as well as new transportation connections that are built in one location to benefit projected needs at another location. Projects funded by a TIF program must add new capacity to accommodate future growth in the City. The types of investments typically funded by a TIF program in Washington State include new travel lanes, bike lanes, planting strips, sidewalks, crosswalks, midblock crossings, traffic signals, roundabouts, overhead signage, lighting, etc. In 2023, the Washington State Legislature passed Senate Bill 5452, which broadens the type of infrastructure that can be funded by TIF fees to include “bicycle and pedestrian facilities that were designed with multimodal commuting as an intended use.” With this bill now signed into law, transportation- oriented trails projects outside of the right of way have been added alongside streets and roads as public facilities on which impact fees can be spent. TIF funds cannot be spent on non-capacity activities, like maintenance, and must be related to growth within the City–they cannot be spent addressing existing deficiencies or capacity needs driven by growth outside of the jurisdiction. The City of Pasco is updating its TIF program to help fund high-priority transportation projects identified in its most recent Six-Year Transportation Improvement Plan3 which is consistent with Pasco’s Comprehensive Plan. Twenty transportation projects are included in the proposed TIF Program. Figure 2 shows the projects included in the program and their locations. 3 City of Pasco Resolution No. 4597, 2025-2030 TIP Revision, May 5 th 2025 Page 320 of 409 City of Pasco, Transportation Impact Fee Rate Study | 4 Figure 2. TIF Program Project List and Map Pa g e 3 2 1 o f 4 0 9 P City of Pasco, Transportation Impact Fee Rate Study | 5 Impact Fee Eligible Costs Figure 3 shows the calculation steps for determining the total impact fee eligible cost for each project included in the TIF Program. Figure 3. Equation for Calculating the Eligible Impact Fee Cost The City reviewed each transportation improvement project in the TIF program to account for other potential or anticipated funding sources. Two projects are anticipated to only be partially completed by 2045, so the costs of those projects were reduced to only include the portion of the project expected to be completed in the TIF program’s timeframe. Each project was evaluated to determine if any portion of the project would be needed to address deficiencies, based on the City’s adopted level of service (LOS) standards. Four projects on the proposed TIF list would be constructed, in part, to address current LOS deficiencies. For those projects, the portion of the project addressing the deficiency was calculated and that portion was removed from the eligible TIF project cost. Then travel patterns were analyzed at each project location using the BFCOG regional travel model to determine what proportion of estimated growth is from surrounding jurisdictions. Pasco does not have the authority to charge neighboring jurisdictions for their contribution to the need for projects on the TIF list. To account for this statutory limitation, adjustments were made for trips that pass- through Pasco or only have one end of the trip starting or ending in Pasco. For each project, the portion of growth within the City, including half of all trips that begin or end outside of Pasco, was calculated to range from 54-100% based on the project.4 The twenty projects included in the TIF program have an estimated combined total capital cost of $175.3 million. After accounting for other funding sources, anticipated project completion by 2045, existing deficiencies, and the percentage of growth within the City, the total eligible impact fee cost comes to $44.2 million, approximately 25% of the total estimated capital cost of the project list. Table 1 shows the TIF program cost calculation for each project. 4 This analysis examines the travel patterns of estimated new trips related to anticipated growth. In the case of four projects, 100% of the growth in traffic would come from uses in Pasco, which means the portion of new trips using this facility from outside of Pasco is either staying the same or decreasing compared to current travel patterns. Project costs were adjusted to account for other potential and anticipated funding sources and whether they are anticipated to be fully complete by 2045. Project Cost (1 - Existing Deficiency Percentage) Percentage of Growth within City Impact Fee Eligible Cost Page 322 of 409 P City of Pasco, Transportation Impact Fee Rate Study | 6 Table 1. TIF Program Cost Calculation Page 323 of 409 P City of Pasco, Transportation Impact Fee Rate Study | 7 TIF Districts A TIF district is a defined subarea of the city that is assessed a specific impact fee based on the estimated growth of a subarea and the contribution of that growth to the need for projects on the TIF list. Because people typically travel across district boundaries, growth within a district contributes to the need for projects citywide. District boundaries should be logical considering the relative impact of estimated growth in regions of Pasco. For this program, district boundaries were designated based on features like highways, major roads, and railroads. Figure 4 shows a map of the TIF Districts. Figure 4. TIF District Map with Project Locations Page 324 of 409 P City of Pasco, Transportation Impact Fee Rate Study | 8 Trip Growth and Distribution Determining the growth in travel demand caused by new development is a key requirement for a TIF program. The regional BFCOG travel model was used to estimate the expected development in each TIF district over the next 20 years. The ITE Trip Generation Manual, 11th Edition was used to estimate the PM peak hour trips generated by each district’s expected development. The BFCOG travel model was used to analyze travel patterns to determine the proportion share of each district’s expected growth on the need for each project in the TIF program. This proportionate share was used to calculate the eligible TIF program costs and resulting TIF rate for each district. TIF Rate Calculation To arrive at a recommended TIF rate per district, the total TIF program cost per district is divided by the total growth in PM peak hour trips per district based on development expected over the next 20 years. Table 2 shows the calculated PM peak hour vehicle trip TIF Rate for each district. 𝑇𝐼𝐹 𝑅𝑎𝑡𝑒 𝑝𝑒𝑟 𝑃𝑀 𝑃𝑒𝑎𝑘 𝐻𝑜𝑢𝑟 𝑉𝑒ℎ𝑖𝑐𝑙𝑒 𝑇𝑟𝑖𝑝 =𝑇𝐼𝐹 𝑃𝑟𝑜𝑔𝑟𝑎𝑚 𝐶𝑜𝑠𝑡 𝐺𝑟𝑜𝑤𝑡ℎ 𝑖𝑛 𝑉𝑒ℎ𝑖𝑐𝑙𝑒 𝑇𝑟𝑖𝑝𝑠 2025 𝑡𝑜 2045 Table 2. TIF Rate per District TIF District TIF Program Cost Growth in PM Peak Hour Vehicle Trips TIF Rate per PM Peak Hour Trip North $18,703,893 8,441 $2,215.84 West $9,625,217 6,896 $1,395.77 South $9,401,222 2,434 $3,862.46 Central $2,166,600 804 $2,694.78 East $4,305,526 5,302 $812.06 Total $44,202,458 23,877 Page 325 of 409 P City of Pasco, Transportation Impact Fee Rate Study | 9 How to Develop an Impact Fee Estimate The transportation impact fee is calculated by the net estimated vehicle PM peak trips generated by a proposed development multiplied by the current transportation impact fee per PM peak hour trip for the TIF District where the project is located. When estimating an impact fee for a development or land use change, the following procedure should be used to estimate PM peak hour vehicle trips and associated impact fees: 1. Review the most recent version of the ITE Trip Generation Manual for the estimated number of PM peak vehicle trips, selecting the most appropriate land use for the proposed development based on sound engineering judgement and land uses available from the ITE Manual. 2. Reduce PM peak hour vehicle trips based on the pass-by rate, if applicable, in the most recent version of the ITE manual. a. The use of pass-by rates from the ITE Trip Generation Manual applies to select land uses from the following land use categories: i. Institutional ii. Retail iii. Services. 3. Apply internal capture rates for mixed-use developments. a. Internal capture adjustments apply to mixed-use developments only and should be based on the most recent version of the ITE manual. These calculations identify the number of internal trips (those within a mixed-use development) and external trips (those starting or ending outside of the mixed-use development). 4. Multiply the resulting estimate for new PM peak vehicle trips by the adopted cost per trip rate for the relevant TIF District. Future Updates and Adjustments To ensure that the impact fee program remains relevant to funding projects that are important to the community and support growth needs, Fehr š Peers recommends considering whether an update to the impact fee program is necessary every two-to-five years to reflect potential changes to the project list, funding, and growth assumptions. The City should consider adopting an annual TIF rate inflation adjustment based on a relevant cost index data source. Page 326 of 409 P City of Pasco, Transportation Impact Fee Rate Study | 10 Appendix A. Pasco District Rate Calculation Page 327 of 409 ID Project Name Project Cost Estimate Estimated Project Delivery by 2045 Estimated TIF Funding % TIF Project Cost Estimate Non- Deficiency (% Eligible) Portion of Trips from Pasco Cost Included in TIF Program % West % North % South % Central % East West North South Central East 1 Rd 40 E Extension 1,330,000$ 100%43%570,000$ 100%100%570,000$ 21%21%10%0%48%119,700$ 119,700$ 57,000$ -$ 273,600$ 2 Burns Rd Extension 6,000,000$ 100%75%4,500,000$ 100%86%3,870,000$ 31%45%8%2%0%1,395,000$ 2,025,000$ 360,000$ 90,000$ -$ 3 Road 76 Overpass 30,759,000$ 100%40%12,303,600$ 100%74%9,104,664$ 0%42%31%1%0%-$ 5,167,512$ 3,814,116$ 123,036$ -$ 4 Sandifur Pkwy/Rd 76 2,031,000$ 100%80%1,624,800$ 9%94%137,458$ 25%48%20%0%1%36,558$ 70,191$ 29,246$ -$ 1,462$ 5 Burden Blvd/Rd 60 2,170,000$ 100%80%1,736,000$ 100%100%1,736,000$ 15%54%29%2%0%260,400$ 937,440$ 503,440$ 34,720$ -$ 6 Burden Rd/Madison Ave 2,170,000$ 100%80%1,736,000$ 30%100%520,800$ 11%53%30%2%4%57,288$ 276,024$ 156,240$ 10,416$ 20,832$ 7 Burden Rd/Rd 44 2,170,000$ 100%80%1,736,000$ 100%66%1,145,760$ 8%57%0%1%0%138,880$ 989,520$ -$ 17,360$ -$ 8 Lewis St/Heritage Blvd 2,400,000$ 100%70%1,680,000$ 100%88%1,478,400$ 10%14%5%0%59%168,000$ 235,200$ 84,000$ -$ 991,200$ 9 Rainier Ave/Kartchner St 2,400,000$ 100%70%1,680,000$ 22%83%306,768$ 3%0%5%8%67%11,088$ -$ 18,480$ 29,568$ 247,632$ 10 Sandifur Pkwy/Rd 84 2,250,000$ 100%70%1,575,000$ 100%100%1,575,000$ 45%53%0%1%1%708,750$ 834,750$ -$ 15,750$ 15,750$ 11 Rd 76 Improvements 2,000,000$ 100%50%1,000,000$ 100%88%880,000$ 12%44%32%0%0%120,000$ 440,000$ 320,000$ -$ -$ 12 Sandifur Pkwy/Convention Dr 2,310,000$ 100%90%2,079,000$ 19%81%319,958$ 28%53%0%0%0%110,603$ 209,355$ -$ -$ -$ 13 Argent Rd Widening (Phase 4)5,900,000$ 100%90%5,310,000$ 100%60%3,186,000$ 3%38%6%0%13%159,300$ 2,017,800$ 318,600$ -$ 690,300$ 14 Court Street/Road 60 2,950,000$ 100%80%2,360,000$ 100%78%1,840,800$ 17%7%40%13%1%401,200$ 165,200$ 944,000$ 306,800$ 23,600$ 15 Burns Rd Extension to Glade Road 28,000,000$ 50%70%9,800,000$ 100%75%7,350,000$ 4%43%3%9%16%392,000$ 4,214,000$ 294,000$ 882,000$ 1,568,000$ 16 Harris Rd/Crescent Rd Overpass 54,000,000$ 10%40%2,160,000$ 100%76%1,641,600$ 42%6%28%0%0%907,200$ 129,600$ 604,800$ -$ -$ 17 I-182/Broadmoor Blvd I/C 5,600,000$ 100%80%4,480,000$ 100%65%2,912,000$ 50%2%1%4%8%2,240,000$ 89,600$ 44,800$ 179,200$ 358,400$ 18 Burns Rd/Rd 68 2,000,000$ 100%75%1,500,000$ 100%54%810,000$ 8%41%3%1%1%120,000$ 615,000$ 45,000$ 15,000$ 15,000$ 19 Court Street/Road 100 6,000,000$ 100%70%4,200,000$ 100%94%3,948,000$ 39%4%41%10%0%1,638,000$ 168,000$ 1,722,000$ 420,000$ -$ 20 Harris Rd Realignment 1,900,000$ 100%75%1,425,000$ 100%61%869,250$ 45%0%6%3%7%641,250$ -$ 85,500$ 42,750$ 99,750$ Total Project Cost 175,315,000$ Total TIF Program 44,202,458$ Total TIF Program per District 9,625,217$ 18,703,893$ 9,401,222$ 2,166,600$ 4,305,526$ Program Cost Calculation District Distribution District Proportional Program CostTIF Projects Pa g e 3 2 8 o f 4 0 9 AGENDA REPORT FOR: City Council June 4, 2025 TO: Dave Zabell, Interim City Manager City Council Regular Meeting: 6/16/25 FROM: Richa Sigdel, Deputy City Manager Community & Economic Development SUBJECT: Ordinance No. 4775 - Amending the Pasco Municipal Code Related to Development Fees (5 minute staff presentation) I. ATTACHMENT(S): Ordinance Development Fees - Neighboring Cities Comparisons II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. 4775, amending the Pasco Municipal Code Section 3.35.180Public Works Agreements and Inspections; Section 12.24.100 Street Utilities Fees; and Section 14.10.030 Inspection of Public Works Construction and, further, authorize publication by summary only. III. FISCAL IMPACT: Revenue impact variable IV. HISTORY AND FACTS BRIEF: The City of Pasco, like many other municipalities, charges various fees related to the development of private land within the City. The imposition of such fees is to ensure that costs incurred by the City associated with such development is borne by those pursuing such development. Through these fees, the City is able to avoid shifting the financial burden of this aspect of private land development to the general public. For simplicity, major fees related to development can be categorized as follows: 1. Planning 2. Building Permit (within the building) 3. Impact Fees 4. Development Review (public infrastructure/non-building) Page 329 of 409 As part of a development review assessment conducted by Elizabeth Garvin, the City gathered feedback from development partners. Several key concerns were identified, including SEPA thresholds, the predictability of development review fees, the impact of Traffic Impact Analysis, lack of online application and payment processes, and the need for more predictable project timelines. Developers emphasized the financial burden of unpredictable fees, citing fluctuating costs throughout the review and approval processes. Based on feedback from the development community and City staff, the following next steps have been identified to improve the Development Review fee structure and process:  Hourly Rates - Prepare an hourly rate that reflects the cost of providing services.  Comprehensive Fee Study – While this study was planned for 1-2 years out, a study is now planned to done sooner. This study would be comprehensive of planning, permitting, and inspections and done by a third party and be in line with Council goal of updating fees to reflect the cost of service.  Evaluating Incremental Fee Adjustments – Consider small adjustments to begin the cost recovery process while a comprehensive fee review is conducted.  Enhancing Transparency – Continue working with the development community to provide clearer guidance on fees, billing processes, and decision-making. V. DISCUSSION: Staff has completed a review of hourly rates required to recover labor and non labor costs of the current process. A revision for the rate is highly likely during a comprehensive rate study. This interim step will allow the City to recover at minimum the direct costs related to the efforts associated with development and lessen reliance on the General Fund until a more comprehensive study can be completed. Considering input from the development industry and other factors, staff recommends revising the hourly rate for services to a standard $105 per hour, replacing the current tiered rate of $90 for the first hour and $60 thereafter. Additionally, to streamline administrative processes, it is proposed that the City require an initial deposit of $3,000 per project to reduce the burden of monthly billing additional deposit, this costs exceed If payments. and project the installments will be requested. For smaller, less complex projects, Community and Economic Development Director be authorized to reduce the initial or subsequent deposit amount. Page 330 of 409 Ordinance – Amending PMC Related to Development Fees - 1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING PASCO MUNICIPAL CODE SECTION 3.35.180 PUBLIC WORKS AGREEMENTS AND INSPECTIONS; SECTION 12.24.100 STREET UTILITIES FEES; AND SECTION 14.10.030 INSPECTION OF PUBLIC WORKS CONSTRUCTION. WHEREAS, the City of Pasco charges various fees related to community development to ensure that the costs associated with such development are borne by those pursuing the development; and WHEREAS, the City Council desires to update these fees to reflect current costs and ensure adequate cost recovery for services provided; and WHEREAS, a review of hourly rates required to recover direct labor costs has been completed; and WHEREAS, based on feedback from the development community, the City Council finds that revising the hourly rate for public infrastructure fees is in the best interest of the City and its residents. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. That Section 3.35.180 entitled “Public works agreements and inspections” of the Pasco Municipal Code is hereby amended and shall read as follows: 3.35.180 Public works agreements and inspections. Fee/Charge Reference Developer reimbursement agreements (latecomer’s) – application fee $100.00 14.25.120 Developer reimbursement agreements – segregation $30.00 14.25.090 Page 331 of 409 Ordinance – Amending PMC Related to Development Fees - 2 Fee/Charge Reference Cost recovery of engineering staff time Engineering Services Minimum fee: $90.00 for first hour; thereafter, $60.00/hr $105.00/hr with a $3,000 deposit* Legal and recording costs for developers reimbursement agreements Actual cost for legal recording and other incurred costs 14.25.120 Developer reimbursement agreements – collection administration fee $100.00 14.25.130 Water crews on contractor site – (after 1st visit) (per hour) $160.00 Ord. 3543 Sewer crews on contractor site – (after 1st visit) (per hour) $160.00 Ord. 3543 Public works construction development inspection Minimum fee: $90.00 for first hour; thereafter, $60.00/hr $105.00/hr with a $3,000 deposit* 14.10.030 *Under certain limited conditions, the CED Director may approve a lower initial deposit for small projects that involve only minimal review. Ord. 4277, 2016; Ord. 4156, 2014; Ord. 3979, 2010; Ord. 3543, 2002; Code 1970 § 3.07.180.] Page 332 of 409 Ordinance – Amending PMC Related to Development Fees - 3 Section 2. That Section 12.24.100 entitled “Fees” of the Pasco Municipal Code is hereby amended and shall read as follows 12.24.100 Fees. (1) Inspection Fees. Fees for such permits, which shall include the fee for inspection, shall be as follows: (a) Excavation or underground construction on unpaved street surfaces, or where paved surfaces have been in place five years or more – $5.00; (b) Excavation or underground construction on paved streets during first to fifth year after street improvement – $0.25 per lineal foot of trench or one dollar per square yard, whichever is greater, but not less than $10.00; (c) In the event the construction involves an excavation or tunnel in excess of 100 feet in length, the City Engineer may assign an inspector to the job and the cost of such inspection shall be paid by the permittee, upon a bill therefor being submitted by the City Engineer before the permittee is released from his bond. (2) Restoration Fee. If, through agreement with the permittee, the City restores the surface of any public property disturbed by any excavation or underground construction of the permittee; or, in the event that any defect or omission of the permittee necessitates additional work by the City; the permittee shall be billed and charged for the cost of labor, materials and equipment rental incurred by the City, plus an additional fee of 15 percent of the above charges. [Ord. 1021 § 7, 1961; Code 1970 § 12.24.100; Code 1954 § 4-5.40.] Section 3. That Section 14.10.030 entitled “Inspection of public works construction” of the Pasco Municipal Code is hereby amended and shall read as follows 14.10.030 Inspection of public works construction. Whenever permitted construction of public works infrastructure (mainline water and sewer extensions, streets and right-of-way construction, including drainage systems and public utilities), as determined by the Public Works Director or his/her designee, requires inspection to assure compliance with City construction standards, the applicant or permittee shall be responsible for payment of a minimum inspection fees for the first hour of inspection time (as set forth in PMC Chapter 3.35 PMC) and thereafter for the City’s hourly costs (salary, benefits and transportation) of providing such inspection services. Inspection fees/costs shall be billed by the City on a periodic basis and payments shall be due within 30 days of billing. [Ord. 3979, 2010; Code 1970 § 14.08.030.] Section 4. Severability. If any section, subsection, sentence, clause, phrase or word of this Ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this Ordinance. Page 333 of 409 Ordinance – Amending PMC Related to Development Fees - 4 Section 5. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 6. Effective Date. 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, on this ___ day of _____, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: _____________________________ Page 334 of 409 Fee Type Fee Fee Pricing inclusions Fee Pricing inclusions Fee Pricing inclusions Public Infrastructure Inspection $90/hr. First Hour and $60/hr. after Included in the Public Infrastructure Plan review fee Included in the Public Infrastructure Plan review fee 3% of the construction cost for anything under $1M and 2% for the portion of construction costs over $1M Administrative and Inspection costs 5% of the total Cost of the Improvements, $500 minimum The fee is to cover actual costs incurred by the city. If the cost to the city exceeds the amount of the fees paid, the developer shall pay an additional fee before final approval of the plat improvements; Public Infrastructure Plan review $90/hr. First Hour and $60/hr. after 5% of the construction cost for anything under $1M and 3%for the portion of construction costs over $1M Covers the administrative, plan review(2 submittals) and inspection costs Commercial Industrial: $111 per engineering plan sheet | Subdivision: $411 per engineering plan sheet The plan review fee shall apply each time a project is submitted for review. Tiered approach: up to 8 lots: $400, 9-50: 3,200+$250 each lot, 50+: $13,700+$200 per lot (Includes first 2 reviews) The fee is to cover actual costs incurred by the city; any deficiency shall be paid prior to the public works director or his/her designee approving the improvement plans and specifications for a final plat; Public Infrastructure Additional reviews $90/hr. First Hour and $60/hr. after Plan reviews after the second submittal will be charged an additional one percent of project costs for each subsequent submittal. Plan reviews after the second submittal 20% of the initial plat improvement Plan Review Fee For Each Additional Review Beyond the First Two Reviews 1st hour rate Hours Charge Fee Charge Fee Charge Fee Charge Plan Review: $90 First Hour & $60/hr. after 47 $ 2,835.00 5% of $1,000,000 $ 50,000.00 Plan Review: 20 Plan Sheet $ 8,220.00 Plan Review: $3,200+$250 each lot $ 28,900.00 Plan Review: $90 First Hour & $60/hr. after 82 $ 4,920.00 3% of $304,221 $ 9,126.63 Inspection: 3% of project cost $ 39,126.63 Inspection: 5% of project cost $ 65,211.05 Total $ 7,755.00 Total $ 59,126.63 Total $ 47,346.63 Total $ 94,111.05 $ 102.04 $ 777.98 $ 622.98 $ 1,238.30 Project Const. Cost Estimate 1,304,221.00$ Improvement Number of Plan Sheets Number of Lots Survey per lot Erosion Control 6" 8" 12" 20 76 76 1 150 2229 1030 Value 411.00$ 50.00$ 2,000.00$ 20.00$ 26.00$ 45.00$ 8,220.00$ -$ 3,800.00$ 2,000.00$ 3,000.00$ 57,954.00$ 46,350.00$ Domestic Water 2" Valve 6" Valve 8" Valve 12" Valve 16" Valve 1" Service 2" Service Hydrant 8" 4" Service 5 7 6 5 1 79 1 7 2393 70 550.00$ 725.00$ 1,000.00$ 1,500.00$ 1,750.00$ 870.00$ 1,000.00$ 3,500.00$ 30.00$ 450.00$ 2,750.00$ 5,075.00$ 6,000.00$ 7,500.00$ 1,750.00$ 68,730.00$ 1,000.00$ 24,500.00$ 71,790.00$ 31,500.00$ Sewer Irrigation Deep MH's 8" 16" 2" Valve 6" Valve 8" Valve 16" Valve 1" Service 2" Service 12" Perf 1836 1415 5 6 2 80 1 865 25.00$ 55.00$ 550.00$ 725.00$ 1,000.00$ 1,750.00$ 870.00$ 1,000.00$ 36.00$ -$ 45,900.00$ 77,825.00$ 2,750.00$ -$ 6,000.00$ 3,500.00$ 69,600.00$ 1,000.00$ 31,140.00$ Storm Type s CB Stop Sign Street Name Sign Other Sign Street Lights HC Ramps Sidewalks Curb and Gutter HMA Total Infrastructure 23 9 18 8 12 24 590 6053 2103 1,200.00$ 200.00$ 200.00$ 200.00$ 4,000.00$ 500.00$ 15.00$ 9.00$ 70.00$ 27,600.00$ 1,800.00$ 3,600.00$ 1,600.00$ 48,000.00$ 12,000.00$ 8,850.00$ 54,477.00$ 147,210.00$ 934,221.00$ Neighboring Cities Public Infrastructure fees Project information Project Cost Breakdown Project Construction Cost Breakdown Hypothetical Public Infrastructure Estimation Exercise How to Calculate City of Richland City of West Richland 5% project cost $1M and 3% over $1M includes both review and inspectionHourly Tiered Dollar amount per lot (50+lots: $13,700+$200 per lot) & 5% project cost for inspection$411 per sheet review and 3% project cost inspection City of Pasco City of Kennewick City of Richland City of West Richland Same as public infrastructure plan review fee Pricing inclusions City of Pasco City of Kennewick Cost recovery of engineering staff time Cost recovery of engineering staff time Cost recovery of engineering staff time Pa g e 3 3 5 o f 4 0 9 AGENDA REPORT FOR: City Council June 11, 2025 TO: Dave Zabell, Interim City Manager City Council Regular Meeting: 6/16/25 FROM: Richa Sigdel, Deputy Director City Manager SUBJECT: Ordinance No. 4776 - 2025 Issuance Bond for LID No. 152 (2 minute staff presentation) I. ATTACHMENT(S): Presentation Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to adopt Ordinance No. 4776, providing for the issuance of not of amount principal local $12,678,905.87 exceed to aggregate improvement district bonds to provide a portion of the funds necessary to finance public improvements in Local Improvement District No. 152 (“LID No. 152”) and pay the costs of issuance of the Bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City’s designated representative to approve the final terms of the sale of the bonds; fixing the interest rate on assessments within LID No. 152; and providing for other related matters and, further, authorize publication by summary only. III. FISCAL IMPACT: Sewer Fund - $5,764,435 (Additional capacity that will be purchased by future developments) Remainder funds will be paid by property owners benefitting from the infrastructure IV. HISTORY AND FACTS BRIEF: assisting of means a Improvement (LIDs) Districts Local benefitting are properties by providing a means to finance needed capital improvements through the formation of special assessment districts. In March 23 2022, Local Improvement District (LID) No. 152, East UGA Page 336 of 409 Expansion Sewer Local Improvement District, was established via Council approval of Ordinance No. 4592. The ordinance allowed the financial mechanism to support construction of sewer mains and lift station within the UGA expansion east of Road 68. During the construction phase of the project, interim project financing was accomplished by means of a Bond Anticipation Note (BAN) as authorized by Ordinance No. 4704. Proceeds from the BAN of $20,060,000 were received in March 2024. Interest payments totaling $1.4 million are due within the term of this 2025 1, September matures financing This instrument. interim Note requiring payment of $20,060,000. Construction was completed in phases with the last phase accepted by Council in November 2024. Overall construction costs were less than anticipated during the issuance of the Bond Anticipation Note, resulting in $318,934 of unspent bond proceeds which will be used for repayment. Further the construction project which require would growth reserve for capacity produced future proportionate payments for connection. This reserve capacity is not allocated to the landowners and requires City Contribution in the amount of $5,764,435 to be funded by the Sewer Fund. Future connection payments will reimburse the Sewer Fund for this initial contribution. The final assessment roll was confirmed by Ordinance No. 4762 on March 3, 2025. This confirmation initiated the initial billing process, which provides Local Improvement District (LID) property owners a 30-day interest-free window to prepay all, part, or none of their assessment. Following the close of this prepayment period, the remaining unpaid assessments represent the amount to be financed through the issuance of long-term bonds. Accordingly, the total amount unpaid of balance the exceed not issued be to bonds of will assessments, which totals $12,678,906. V. DISCUSSION: On March 3, 2025, Council approved Ordinance No. 4762, setting the final assessment amount, $13,838,683 for LID No. 152. Following final assessment, property owners were provided notice of a 30-day interest free prepayment period. The purpose of the prepayment period is to allow for payment of any or all outstanding assessments prior to issuance of debt. During the prepayment period, ending May 2, 2025, payments in the amount of $1,159,777 were received. The remaining unpaid assessments in LID No. 152 are $12,678,906. In recent cases, such as LID Nos. 150 and 151, the final assessment amounts were relatively low, allowing the City to finance in-house using available reserve balances from sources such as the Equipment Replacement Fund. This approach proved more cost-effective by avoiding external debt issuance Page 337 of 409 costs. However, due to the significantly higher funding requirement in this case, the City does not have the capacity to finance the project internally, and external bond issuance is necessary. To facilitate this process, the City is working with its team, which includes bond counsel, a municipal financial advisor, and a bond underwriter. The goal is to complete the bond sale in early August to ensure proceeds are available by early September, in time to repay the maturing Bond Anticipation Note. The proposed bonds will have a 17-year term with annual payments. The bond ordinance was discussed with Council on June 9, 2025. This ordinance will authorize staff to proceed with the bond issuance process and establishes key parameters. Specifically, the bonds must carry a fixed interest rate and shall not exceed a maximum rate of 6.50%. Page 338 of 409 June 16, 2025 Pasco City Council Workshop Pa g e 3 3 9 o f 4 0 9 LID Steps ◦Pre-formation and evaluation of feasibility ◦Formation ◦Cost estimates and preliminary assessment roll creation ◦Formation hearing notices to property owners ◦Formation hearing ◦Protest and appeals periods ◦Design, construction and interim financing ◦LID close out process ◦Final assessment roll and hearing ◦Post assessment roll hearing actions or appeals ◦Ordinance for final assessment roll ◦Treasurer notice of final assessment (30-day interest free prepayment period) ◦Long-term financing secured ◦First annual assessment payment due approximately one year later Current stagePa g e 3 4 0 o f 4 0 9 East UGA Sewer LID ◦Project constructed sanitary sewer and lift station improvements within the East Urban Growth Area Expansion ◦Area of improvement includes several large parcels (10 acres or more), comprising approximately 1,100 acres. ◦Includes parcels in various stages of development ◦No property owners with LID 152 contested creation of the LID ◦LID formation was approved by council May 2, 2022 ◦Interim financing of $20M received March 14, 2024, and matures Sept. 1, 2025 ◦Project acceptance for last phases occurred on Nov. 18, 2024 ◦Final assessment roll adopted on March 3, 2025 ◦30-day interest-free prepayment period expired on May 2, 2025 ◦Current request supports issuance of long-term financing. Pa g e 3 4 1 o f 4 0 9 Future Steps •Adopt ordinance authorizing issuance of the $12.68 million LID Bond •Approve budget amendment to allocate Sewer Fund reserves for the City’s reserve capacity contribution •Finance Department to coordinate with Bond Team on rating call and bond issuance •Finance to bill property owners annually and manage annual debt service payments Pa g e 3 4 2 o f 4 0 9 QUESTIONS? Pa g e 3 4 3 o f 4 0 9 FG: 103577414.3 CITY OF PASCO, WASHINGTON ORDINANCE NO. ______ AN ORDINANCE of the City of Pasco, Washington, providing for the issuance of not to exceed $12,678,905.87 aggregate principal amount of local improvement district bonds to provide a portion of the funds necessary to finance public improvements in Local Improvement District No. 152 (“LID No. 152”) and pay the costs of issuance of the Bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City’s designated representative to approve the final terms of the sale of the bonds; fixing the interest rate on assessments within LID No. 152; and providing for other related matters. PASSED: June 16, 2025 This document prepared by: Foster Garvey P.C. 1111 Third Avenue, Suite 3000 Seattle, Washington 98101 (206) 447-4400 Page 344 of 409 -i- FG: 103577414.3 TABLE OF CONTENTS* Section 1 . Findings and Determinations .................................................................................. 1 Section 2 . Definitions............................................................................................................... 2 Section 3 . Authorization of Bonds ........................................................................................... 5 Section 4 . Description of the Bonds; Appointment of Designated Representative ................. 5 Section 5 . Bond Registrar; Registration and Transfer of Bonds .............................................. 6 Section 6 . Form and Execution of Bonds ................................................................................ 7 Section 7 . Payment of Bonds ................................................................................................... 7 Section 8 . Funds and Accounts ................................................................................................ 7 Section 9 . Maturity; Redemption Provisions and Purchase of Bonds ..................................... 9 Section 10 . Pledge of Assessment Payments ........................................................................... 10 Section 11 . Tax Covenants. ..................................................................................................... 10 Section 12 . Refunding or Defeasance of the Bonds ................................................................ 11 Section 13 . Sale and Delivery of the Bonds. ........................................................................... 11 Section 14 . Official Statement; Continuing Disclosure ........................................................... 11 Section 15 . Supplemental and Amendatory Ordinances.......................................................... 12 Section 16 . Fixing Interest Rate on Assessments .................................................................... 12 Section 17 . General Authorization and Ratification ................................................................ 12 Section 18 . Severability ........................................................................................................... 13 Section 19 . Conflicts with Pasco Municipal Code................................................................... 13 Section 20 . Effective Date of Ordinance ................................................................................. 13 Exhibit A Parameters for Final Terms Exhibit B Form of Undertaking to Provide Continuing Disclosure *The cover page, table of contents and section headings of this ordinance are for convenience of reference only, and shall not be used to resolve any question of interpretation of this ordinance. Page 345 of 409 -1- FG: 103577414.3 CITY OF PASCO, WASHINGTON ORDINANCE NO. _______ AN ORDINANCE of the City of Pasco, Washington, providing for the issuance of not to exceed $12,678,905.87 aggregate principal amount of local improvement district bonds to provide a portion of the funds necessary to finance public improvements in Local Improvement District No. 152 (“LID No. 152”) and pay the costs of issuance of the Bonds; fixing or setting parameters with respect to certain terms and covenants of the bonds; appointing the City’s designated representative to approve the final terms of the sale of the bonds; fixing the interest rate on assessments within LID No. 152; and providing for other related matters. THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings and Determinations. The City makes the findings and determinations set forth below. Capitalized terms have the meanings given in Section 2. (a) Authority and Description of Improvements. By Ordinance No. 4592, passed on May 23, 2022, the City created LID No. 152 for the purpose of carrying out the Improvements and authorizing the issuance of local improvement district bonds to finance a portion of the costs of the Improvements by repaying interim financing, reimbursing the City for Improvements costs, making a deposit to the City’s Guaranty Fund, and paying the costs of issuance of the Bonds. (b) The Notes. Pending the issuance of the Bonds, the City passed Ordinance No. 4704 authorizing the issuance of the City’s Local Improvement District No. 152 Bond Anticipation Notes, 2024 (the “Notes”), and the Notes were sold and delivered to D.A. Davidson & Co. (the “Underwriter”), for the purpose of providing interim financing to pay a portion of the costs of the Improvements. The Notes mature on September 1, 2025, and the City reserved the right to redeem the Notes, in whole or in part, on any date on or after March 1, 2025, at a price equal to the stated principal amount to be redeemed plus accrued interest to the date of redemption. (c) Redemption of the Notes . On March 3, 2025, the City Council passed Ordinance No. 4762, confirming the final assessment roll for LID No. 152 and authorizing the collection of the special assessments levied within LID No. 152. The notice of collection of assessments w as published first on April 2, 2025, and subsequently on April 9, 2025, and the last day for prepayment of assessments without penalties or interest was May 2, 2025. The total amount of Bonds to be issued will not exceed the balance of assessment s remaining unpaid after the expiration of the 30-day prepayment period ($12,678,905.87). The Notes shall be redeemed with funds to be provided from the following sources in the respective amounts as determined by the Finance Director: (i) unspent proceeds of the Notes held in the Local Improvement Fund created and established by Ordinance No. 4592 not required for payment of the costs of the Improvements ordered by Ordinance No. 4592 to be constructed in respect of LID No. 152 ; (ii) Page 346 of 409 -2- FG: 103577414.3 proceeds of the Notes held in the City’s Guaranty Fund that are in excess of the minimum balance required to be held therein pursuant to chapter 35.54 RCW; (iii) prepaid assessments received by the City prior to the expiration of the 30 -day prepayment period for LID No. 152; (iv) proceeds of the Bonds; and (v) as authorized by RCW 35.45.180, a contribution by the City of funds available in the City’s Sewer Fund in an amount equal to the difference between (A) the total amount of funds required to redeem the Notes on their redemption date and pay costs of issuance of the Bonds, and (B) the sum of the respective available amounts described in the foregoing clauses (i) through (iv) to be used to redeem the Notes and pay costs of issuance of the Bonds, which contribution the City Council finds and declares to be in the public interest and in the best interests of the City. (d) The Bonds. For the purpose of providing a portion of the funds necessary to redeem the Notes and pay the costs of issuance of the Bonds, the City Council finds that it is in the best interests of the City to issue and sell the Bonds to the Purchaser, pursuant to the terms set forth in the Bond Purchase Contract as approved by the City’s Designated Representative consistent with this ordinance. The Bonds shall be paid from and secured by the unpaid assessments made for LID No. 152 that are now required to be paid in 15 equal annual installment payments of principal and interest and the Guaranty Fund. Section 2. Definitions. As used in this ordinance, the following capitalized terms shall have the following meanings: (a) “Authorized Denomination” means $5,000 or any integral multiple thereof within an estimated redemption date within a Series, except that if the aggregate principal amount of the Series of the Bonds is not an integral multiple of $5,000, then the first Bond of that Series shall be in such principal amount as the Designated Representative shall determine. (b) “Beneficial Owner” means, with respect to a Bond, the owner of any beneficial interest in that Bond. (c) “Bond” means each bond issued pursuant to and for the purposes provided in this ordinance. (d) “Bond Counsel” means the firm of Foster Garvey P.C., its successor, or any other attorney or firm of attorneys selected by the City with a nationally recognized standing as bond counsel in the field of municipal finance. (e) “Bond Purchase Contract” means an offer to purchase a Series of the Bonds, setting forth certain terms and conditions of the issuance of that Series that is accepted by the Designated Representative on behalf of the City pursuant to this ordinance. (f) “Bond Register” means the books or records maintained by the Bond Registrar for the purpose of identifying ownership of each Bond. (g) “Bond Registrar” means the Fiscal Agent, the Finance Director or any successor bond registrar selected by the Designated Representative in accordance with Exhibit A(ix). Page 347 of 409 -3- FG: 103577414.3 (h) “City” means the City of Pasco, Washington, a municipal corporation duly organized and existing under the laws of the State. (i) “City Council” means the legislative authority of the City, as duly and regularly constituted from time to time. (j) “City Manager” means the duly appointed and acting City Manager or Interim City Manager or such other officer of the City who succeeds to substantially all of the responsibilities of that office. (k) “Code” means the United States Internal Revenue Code of 1986, as amended, and applicable rules and regulations promulgated thereunder. (l) “Designated Representative” means the officer of the City appointed in Section 4 of this ordinance to serve as the City’s designated representative in accordance with RCW 39.46.040(2). (m) “Designated Representative Certificate” means the certificate executed by the Designated Representative on the sale date authorizing the Final Terms of each Series of the Bonds. (n) “DTC” means The Depository Trust Company, New York, New York, or its nominee. (o) “Final Terms” means the terms and conditions for the sale of a Series of the Bonds including, but not limited to, the amount, date or dates, denominations, interest rate or rates (or mechanism for determining interest rate or rates), payment dates, final maturity, redemption rights, price, and other terms or covenants. (p) “Finance Director” means the duly appointed and acting Finance Director or Interim Finance Director or such other officer of the City who succeeds to substantially all of the responsibilities of that office. (q) “Fiscal Agent” means the fiscal agent of the State, as the same may be designated by the State from time to time. (r) “Government Obligations” has the meaning given in RCW 39.53.010, as now in effect or as may hereafter be amended. (s) “Guaranty Fund” or “Local Improvement Guaranty Fund” means the Local Improvement Guaranty Fund of the City previously created pursuant to Pasco Municipal Code 3.90.010. (t) “Improvements” means has the meaning provided in Ordinance No. 4592, including without limitation, sanitary sewer construction, including site grading, manholes, a lift station and force mains, and sewer gravity pipelines, casings, and appurtenances in the City’s East Urban Growth Area (UGA) Expansion Area ordered in respect of LID No. 152 . For purposes of this ordinance, costs of the Improvements include all costs of constructing the Page 348 of 409 -4- FG: 103577414.3 Improvements and all other costs permitted for inclusion under RCW 35.44.020 and related statutes, including without limitation, all costs for legal, financial, and appraisal services and any other expenses incurred by the City on behalf of or in the formation of LID No. 152, or in connection with such construction or improvement and in the financing thereof, including the costs of issuance of the Bonds. (u) “Improvement Fund means the Local Improvement created and held by the City by Ordinance No. 4592 and used for the purpose of carrying out the Improvements. (v) “Interest Payment Date” means each annual date on which interest on a Bond is due and payable, as set forth in the Bond Purchase Contract. (w) “Issue Date” means, with respect to a Bond, the date of initial issuance and delivery of that Bond to the Purchaser in exchange for the purchase price of that Bond. (x) “Letter of Representations” means the Blanket Issuer Letter of Representations between the City and DTC, dated August 31, 1998, as it may be amended from time to time, or any successor or substitute letter relating to the operations procedures of the Securities Depository. (y) “LID Bond Fund” means the Local Improvement Fund, District No. 152 of the City created for the payment of the principal of and interest on the Bonds. (z) “LID No. 152” means Local Improvement District No. 152, established by Ordinance No. 4592 of the City, passed May 23, 2022, for the purpose of carrying out the Improvements. (aa) “MSRB” means the Municipal Securities Rulemaking Board. (bb) “Notes” means the City’s outstanding Local Improvement District No. 152 Bond Anticipation Notes, 2024. (cc) “Owner” means, without distinction, the Registered Owner and the Beneficial Owner. (dd) “Purchaser” means the person, bank, corporation, firm, association, partnership, trust, the City or other legal entity or group of entities selected by the Designated Representative to serve as underwriter or purchaser for a negotiated sale of a Series of the Bonds. (ee) “Rating Agency” means each nationally recognized rating agency then maintaining a rating on the Bonds at the request of the City, if any. (ff) “Record Date” means the Bond Registrar’s close of business on the 15 th day of the month preceding an Interest Payment Date. With respect to redemption of a Bond prior to its maturity, the Record Date shall mean the Bond Registrar’s close of business on the date on which the Bond Registrar sends the notice of redemption in accordance with Section 9. Page 349 of 409 -5- FG: 103577414.3 (gg) “Registered Owner ” means, with respect to a Bond, the person in whose name that Bond is registered on the Bond Register. For so long as the City utilizes the book –entry system for the Bonds under the Letter of Representations, Registered Owner shall mean the Securities Depository. (hh) “Rule 15c2-12” means Rule 15c2-12 promulgated by the SEC under the Securities Exchange Act of 1934, as amended. (ii) “SEC” means the United States Securities and Exchange Commission. (jj) “Securities Depository” means DTC, any successor thereto, any substitute securities depository selected by the City that is qualified under applicable laws and regulations to provide the services proposed to be provided by it, or the nominee of any of the foregoing. (kk) “Series of the Bonds ” or “Series” means a series of the Bonds issued pursuant to this ordinance. (ll) “State” means the State of Washington. (mm) “System of Registration” means the system of registration for the City’s bonds and other obligations set forth in Ordinance No. 2845 of the City. (nn) “Tax-Exempt Bonds” means any Bond, the interest on which is intended as of its Issue Date to be excluded from gross income for federal income tax purposes. (oo) “Undertaking” means the undertaking to provide continuing disclosure entered into pursuant to Section 14 of this ordinance. Section 3. Authorization of Bonds. The City is authorized to issue the Bonds to provide the funds necessary to pay or reimburse a portion of the costs of the Improvements, including without limitation redeeming the Notes and paying the costs of issuance of the Bonds. The costs of issuance of the Bonds shall include, but not be limited to, the underwriter’s discount, the underwriter’s counsel fee, the bond counsel fee and the financial advisor fee. The Bonds shall evidence indebtedness in an amount not to exceed the total amount on the assessment roll for LID No. 152 remaining uncollected after the expiration of the 30 day prepayment period, as further described in Exhibit A attached to this ordinance and incorporated by this reference. Section 4. Description of the Bonds; Appointment of Designated Representative . The City Manager and the Finance Director, each acting independently, is appointed as the Designated Representative of the City and is authorized and directed to conduct the sale of the Bonds, in one or more Series bearing the same Issue Date, in the manner and upon the terms deemed most advantageous to the City, and to approve the Final Terms of the Bonds, with such additional terms and covenants as the Designated Representative deems advisable, within the parameters set forth in Exhibit A. Page 350 of 409 -6- FG: 103577414.3 Section 5. Bond Registrar; Registration and Transfer of Bonds . (a) Registration of Bonds. Each Bond shall be issued only in registered form as to both principal and interest, and the ownership of each Bond shall be recorded on the Bond Register. (b) Bond Registrar; Duties . The Designated Representative shall appoint the Bond Registrar for each Series of the Bonds in accordance with Exhibit A. The Bond Registrar shall keep, or cause to be kept, sufficient books for the registration and transfer of the Bonds, which shall be open to inspection by the City at all times. The Bond Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of the Bonds and this ordinance, to serve as the City’s paying agent for the Bonds and to carry out all of the Bond Registrar’s powers and duties under this ordinance and the System of Registration. The Bond Registrar shall be responsible for its representations contained in the Bond Registrar’s Certificate of Authentication on each Bond. The Bond Registrar may become an Owner with the same rights it would have if it were not the Bond Registrar and, to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as members of, or in any other capacity with respect to, any committee formed to protect the rights of Owners. (c) Bond Register; Transfer and Exchange. The Bond Register shall contain the name and mailing address of each Registered Owner and the principal amount and number of each Bond held by each Registered Owner. A Bond surrendered to the Bond Registrar may be exchanged for a Bond or Bonds of an equal aggregate principal amount and of the same Series, interest rate, estimated redemption date and maturity. A Bond may be transferred only if endorsed in the manner provided thereon and surrendered to the Bond Registrar. Any exchange or transfer shall be without cost to the Owner or transferee. The Bond Registrar shall not be obligated to exchange any Bond or transfer registered ownership during the period between the applicable Record Date and the next upcoming interest payment or redemption date. (d) Securities Depository; Book-Entry Only Form. The Designated Representative may determine whether each Series of the Bonds is to be issued in certificated or fully immobilized book-entry only form. If a Series of the Bonds is issued in book -entry form, DTC shall be appointed as initial Securities Depository. Each Bond of such Series initially shall be registered in the name of Cede & Co., as the nominee of DTC. Each Bond registered in the name of the Securities Depository shall be held in accordance with th e provisions of the Letter of Representations. Registered ownership of any Bond registered in the name of the Securities Depository may not be transferred except: (i) to any successor Securities Depository; (ii) to any substitute Securities Depository appointed by the City; or (iii) to any person if the Series of the Bonds is no longer to be held in book -entry only form. Upon the resignation of the Securities Depository, or upon a termination of the services of the Securities Depository by the City, the City may appoint a substitute Securities Depository. If (i) the Securities Depository resigns and the City does not appoint a substitute Securities Depository, or (ii) the City terminates the services of the Securities Depository, the Series of the Bonds no longer shall be held in book - entry only form and the registered ownership of each Bond of such Series may be transferred to any person as provided in this ordinance. Neither the City nor the Bond Registrar shall have any obligation to participants of any Securities Depository or the persons for whom they act as Page 351 of 409 -7- FG: 103577414.3 nominees regarding accuracy of any records maintained by the Securities Depository or its participants. Neither the City nor the Bond Registrar shall be responsible for any notice that is permitted or required to be given to a Registered Owner except such notice as is required to be given by the Bond Registrar to the Securities Depository. Section 6. Form and Execution of Bonds. (a) Form of Bonds; Signatures and Seal. Each Bond shall be prepared in a form consistent with the provisions of this ordinance and State law. Each Bond shall be signed by the Mayor and the City Clerk, either or both of whose signatures may be manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. If any officer whose manual or facsimile signature appears on a Bond ceases to be an officer of the City authorized to sign bonds before the Bond bearing his or her manual or facsimile signature is authenticated by the Bond Registrar, or issued or delivered by the City, that Bond nevertheless may be authenticated, issued and delivered and, when authenticated, issued and delivered, shall be as binding on the City as though that person had continued to be an officer of the City authorized to sign bonds. Any Bond also may be signed on behalf of the City by any person who, on the actual date of signing of the Bond, is an officer of the City authorized to sign bonds, although he or she did not hold the required office on its Issue Date. (b) Authentication. Only a Bond bearing a Certificate of Authentication in substantially the following form, manually signed by the Bond Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance: “Certificate Of Authentication. This Bond is one of the fully registered City of Pasco, Washington, Local Improvement District No. 152 Bonds.” The authorized signing of a Certificate of Authentication shall be conclusive evidence that the Bond so authenticated has been duly executed, authenticated and delivered and is entitled to the benefits of this ordinance. Section 7. Payment of Bonds. Principal of and interest on each Bond shall be payable in lawful money of the United States of America solely out of the LID Bond Fund or from the Local Improvement Guaranty Fund of the City. Principal of and interest on each Bond registered in the name of the Securities Depository is payable in the manner set forth in the Letter of Representations. Interest on each Bond not registered in the name of the Securities Depository is payable by electronic transfer on each Interest Payment Date, or by check or draft of the Bond Registrar mailed on such Interest Payment Date to the Registered Owner at the address appearing on the Bond Register on the Record Date. However, the City is not required to make electronic transfers except pursuant to a request by a Registered Owner in writing received at least ten days prior to the Record Date and at the sole expense of the Registered Owner. Principal of each Bond not registered in the name of the Securities Depository is payable upon presentation and surrender of the Bond by the Registered Owner to the Bond Registrar. The Bonds are not subject to acceleration under any circumstances. Section 8. Funds and Accounts. (a) LID Bond Fund; Deposit of Assessments. The LID Bond Fund has been previously created as a special fund of the City for the sole purpose of paying principal of and interest on the Bonds. All collections pertaining to payments of assessments on the assessment Page 352 of 409 -8- FG: 103577414.3 roll of LID No. 152, including prepayments, installment payments, and interest and penalties thereon, shall be deposited in the LID Bond Fund. Prior to the Issue Date, any money on hand in the LID Bond Fund may be used to pay or reimburse costs of the Improvements, may be transferred to the Guaranty Fund, or may be retained therein for the payment of principal of or interest on the Bonds, as determined by the Finance Director. After the Issue Date, money on hand in the LID Bond Fund shall be used solely to pay interest on the Bonds, to redeem outstanding Bonds in accordance with Section 9, or to pay for costs of collecting delinquent assessments. Until needed for such purposes, the City may invest money in the LID Bond Fund temporarily in any legal investment, and the investment earnings shall be retained in the LID Bond Fund and used for the purposes of that fund. (b) Improvement Fund; Deposit of Bond Proceeds. Proceeds received from the sale and delivery of each Series of the Bonds in an amount sufficient, together with (i) unspent proceeds of the Notes held in the Local Improvement Fund created and established by Ordinance No. 4592 not required for payment of the costs of the Improvements ordered by Ordinance No. 4592 to be constructed in respect of LID No. 152; (ii) proceeds of the Notes held in the City’s Guaranty Fund that are in excess of the minimum balance required to be held therein pursuant to chapter 35.54 RCW; (iii) prepaid assessments received by the City prior to the expiration of the 30-day prepayment period for LID No. 152; and (iv) as authorized by RCW 35.45.180, a contribution by the City of funds available in the City’s Sewer Fund in an amount equal to the difference between (A) the total amount of funds required to redeem the Notes on their redemption date and pay costs of issuance of the Bonds, and (B) the sum of the respective available amounts described in the foregoing clauses (i) through (iii) to be used to redeem the Notes and pay costs of issuance of the Bonds (which contribution the City Council finds and declares to be in the public interest and in the best interests of the City), shall be paid into or allocated to the Improvement Fund and used to redeem the Notes and pay the costs of issuance of the Bonds. Until needed for such purposes, the City may invest the principal proceeds of the Bonds temporarily in any legal investment, and the investment earnings shall be deposited in the LID Bond Fund. Earnings subject to a federal tax or rebate requirement may be withdrawn from any such fund or account and used for those tax or rebate purposes. Any proceeds of Bonds remaining in the Improvement Fund after paying the costs of the Improvements, the costs of issuing the Bonds, and for the purposes set forth in this section, or after the City Council has determined that the expenditure of such bond proceeds for those purposes is no longer necessary or appropriate, may be used to pay principal of and interest on the Bonds consistent with applicable law. (c) Guaranty Fund. On the Issue Date, there shall be held on deposit in the Guaranty Fund an amount not less than the balance required to be maintained therein under this subsection. For so long as any of the Bonds remain outstanding, the City shall take such actions as may be necessary, consistent with chapters 35.45 and 35.54 RCW and other applicable state law and applicable requirements of the Code, to maintain a minimum balance in the Guaranty Fund equal to 10 percent of the principal amount of all bonds, notes and other obligations secured by the Guaranty Fund, provided, that for the purpose of this calculation, the principal amount of bonds, notes and other obligations secured by the Guaranty Fund shall be reduced by the amount then on deposit in the respective debt service funds held by the City for payment and redemption of such bonds, notes and other obligations. Page 353 of 409 -9- FG: 103577414.3 In connection with the City’s annual budget preparation, the Finance Director shall review the amount on deposit in the Guaranty Fund, the amount of delinquent installment payments (including interest thereon) of local improvement district assessments secured by the Guaranty Fund, and the respective amounts reasonably expected to be recovered from foreclosure proceedings pursuant to chapter 35.50 RCW or other applicable law. Based on that review the City shall, pursuant to RCW 35.54.060 and subject to applicable state law and constitutional limitations and applicable requirements of the Code, provide for the levy of a sum sufficient, together with other sources of the Guaranty Fund, to maintain the minimum balance described in the preceding paragraph, and to provide for all payments reasonably expected to be made out of the Guaranty Fund. Interest and earnings from the Guaranty Fund shall be retained within the Guaranty Fund. The Finance Director may establish subaccounts within the Guaranty Fund from time to time as the Finance Director deems necessary or desirable for purposes of accounting for the investment of money therein. Money in the Guaranty Fund shall be used solely for the payment of bonds, notes and other obligations secured by such fund and as otherwise set forth in chapter 35.54 RCW and other applicable law, except that any investment e arnings that are subject to a federal tax or rebate requirement may be withdrawn from the Guaranty Fund and used for those tax or rebate purposes. Section 9. Maturity; Redemption Provisions and Purchase of Bonds . (a) Maturity. All Bonds shall bear a maturity date approved by the Designated Representative in accordance with Section 4. (b) Redemption Provisions. The City shall call Bonds for redemption in whole or in part in Authorized Denominations by Series and, within each Series, on each Interest Payment Date when there is money in the LID Bond Fund from assessment payments (including principal, interest, and penalties thereon) sufficient to pay the Bond (or portion thereof) so called over and above the amount required for the payment of the interest payable on all unpaid Bonds on that Interest Payment Date. Bonds shall be redeemed at a redemption price equal to the stated principal amount to be redeemed plus interest accrued thereon to the redemption date. At the option of the City in its sole discretion, Bonds may be called and paid in whole or in part on an Interest Payment Date from other money of the City legally available therefor and deposited in the Bond Fund on or after the dates set forth in the Bond Purchase Contract. Nothing in the preceding sentence requires payment from any source other than the funds pledged in Section 10 hereof. (c) Selection of Bonds for Redemption; Partial Redemption. For so long as a Series of the Bonds is registered in the name of the Securities Depository, if less than all of the principal amount of Bonds with the same estimated redemption date is to be redeemed, the Securities Depository shall select the proportion of those Bonds to be redeemed in accordance with the Letter of Representations. If a Series of the Bonds is not registered in the name of the Securities Depository, the Bond Registrar shall, unless otherwise specified in the Bond Purchase Contract, select the proportion of those Bonds with the same estimated redemption date to be redeemed randomly in such manner as the Bond Registrar shall determine. All or a portion of the principal amount of any Bond that is to be redeemed may be redeemed in any Authorized Denomination. Page 354 of 409 -10- FG: 103577414.3 If less than all of the outstanding principal amount of any Bond is redeemed, upon surrender of that Bond to the Bond Registrar, there shall be issued to the Registered Owner, without charge, a new Bond, bearing the same Series, estimated redemption date and interest rate, in the aggregate principal amount to remain outstanding. (d) Notice of Redemption. Notice of redemption of each Bond registered in the name of the Securities Depository shall be given in accordance with the Letter of Representations. Notice of redemption of each other Bond, unless waived by the Registered Owner, shall be given by the Bond Registrar not less than 15 nor more than 45 days prior to the date fixed for redemption by first-class mail, postage prepaid, to the Registered Owner at the address appearing on the Bond Register on the Record Date. The requirements of the preceding sentence shall be satisfied when notice has been mailed as so provided, whether or not it is actually received by an Owner. In addition, the redemption notice shall be mailed or sent electronically within the same period to the MSRB (if required under the Undertaking), to each Rating Agency, and to such other persons and with such additional information as the Finance Director shall determine, but these additional mailings shall not be a condition precedent to the redemption of any Bond. (e) Rescission of Redemption Notice. In the case of any redemption, the notice of redemption may state that the City retains the right to rescind the redemption notice by giving a notice of rescission to the affected Registered Owner(s) at any time on or prior to the date fixed for redemption. Any notice of redemption that is so rescinded shall be of no effect, and each Bond for which a notice of redemption has been rescinded shall remain outstanding. (f) Effect of Redemption. Interest on the principal portion of each Bond called for redemption shall cease to accrue on the date fixed for redemption, unless the notice of redemption is rescinded as set forth above or payment is not made for the Bond called for redemption. (g) Purchase of Bonds. The City reserves the right to purchase any or all of the Bonds at any time at any price acceptable to the City plus accrued interest to the date of purchase. Section 10. Pledge of Assessment Payments . Assessments collected in LID No. 152, together with interest and penalties, if any, are pledged to the payment of the Bonds, which are payable solely out of the LID Bond Fund and the Local Improvement Guaranty Fund of the City, all in the manner provided by law. The Bonds are not general obligations of the City. The City covenants that it will diligently commence and pursue the collection of all delinquent assessments in LID No. 152. Section 11. Tax Covenants. (a) Preservation of Tax Exemption for Interest on Tax-Exempt Bonds. The City covenants that it will take all actions necessary to prevent interest on the Tax -Exempt Bonds from being included in gross income for federal income tax purposes, and it will neither take any action nor make or permit any use of proceeds of the Tax-Exempt Bonds or other funds of the City treated as proceeds of the Tax -Exempt Bonds that will cause interest on the Bonds to be included in gross income for federal income tax purposes. The City also covenants that it will, to the extent the arbitrage rebate requirements of Section 148 of the Code are applicable to the Tax - Page 355 of 409 -11- FG: 103577414.3 Exempt Bonds, take all actions necessary to comply (or to be treated as having complied) with those requirements in connection with the Tax-Exempt Bonds. (b) Post-Issuance Compliance. The Finance Director is authorized and directed to review and update the City’s written procedures to facilitate compliance by the City with the covenants in this ordinance and the applicable requirements of the Code that must be satisfied after the Issue Date to prevent interest on the Tax -Exempt Bonds from being included in gross income for federal tax purposes. Section 12. Refunding or Defeasance of the Bonds . The City may issue refunding bonds pursuant to State law or use money available from any other lawful source to carry out a refunding or defeasance plan, which may include (a) paying when due the principal of and interest on any or all of the Bonds (the “defeased Bonds”); (b) redeeming the defeased Bonds prior to their maturity; and (c) paying the costs of the refunding or defeasance. If the City sets aside in a special trust fund or escrow account irrevocably pledged to that redemption or defeasance (the “trust account”), money and/or Government Obligations maturing at a time or times and bearing interest in amounts sufficient to redeem, refund or defease the defeased Bonds in accordance with their terms, then all right and interest of the Owners of the defeased Bonds in the covenants of this ordinance and in the funds and accounts obligated to the payment of the defeased Bonds shall cease and become void. Thereafter, the Owners of defeased Bonds shall have the right to receive payment of the principal of and interest on the defeased Bonds solely from the trust account, and the defeased Bonds shall be deemed no longer outstanding. In that event, the City may apply money remaining in any fund or account (other than the trust account) established for the payment or redemption of the defeased Bonds to any lawful purpose. Unless otherwise specified by the City in a refunding or defeasance plan, notice of refunding or defeasance shall be given, and selection of Bonds for any partial refunding or defeasance shall be conducted, in the manner prescribed in this ordinance for the redemption of Bonds. Section 13. Sale and Delivery of the Bonds. (a) Manner of Sale of Bonds; Delivery of Bonds . The Designated Representative is authorized to sell each Series of the Bonds to the Purchaser by negotiated sale based on the assessment of the Designated Representative of market conditions, in consultation with appropriate City officials and staff, Bond Counsel and other advisors. (b) Procedure for Negotiated Sale. The Designated Representative shall select one or more Purchasers with whom to negotiate the sale of a Series of the Bonds. A Bond Purchase Contract shall set forth the Final Terms of the sale of each Series. The Designated Representative is authorized to execute the Bond Purchase Contract on behalf of the City, so long as the terms provided therein are consistent with the terms of this ordinance. (c) Preparation, Execution and Delivery of the Bonds . The Bonds will be prepared at City expense and will be delivered to the Purchaser in accordance with the Bond Purchase Contract, together with the approving legal opinion of Bond Counsel regarding the Bonds. Section 14. Official Statement; Continuing Disclosure . Page 356 of 409 -12- FG: 103577414.3 (a) Preliminary Official Statement Deemed Final. The Designated Representative shall review the form of the preliminary official statement prepared in connection with the sale of a Series of the Bonds to the public. For the sole purpose of the Purchaser’s compliance with paragraph (b)(1) of Rule 15c2-12, the Designated Representative is authorized to deem that preliminary official statement final as of its date, except for the omission of information permitted to be omitted by Rule 15c2-12. The City approves the distribution to potential purchasers of the Bonds of a preliminary official statement that has been deemed final in accordance with this subsection. (b) Approval of Final Official Statement. The City approves the preparation of a final official statement for any Series of the Bonds to be sold to the public in the form of the preliminary official statement, with such modifications and amendments as the Designated Representative deems necessary or desirable, and further authorizes the Designated Representative to execute and deliver such final official statement to the Purchaser. The City authorizes and approves the distribution by the Purchaser of that final official statement to purchasers and potential purchasers of such Bonds. (c) Undertaking to Provide Continuing Disclosure. To meet the requirements of paragraph (b)(5) of Rule 15c2-12, as applicable to a participating underwriter for a Series of the Bonds, the Designated Representative is authorized and directed to execute a written undertaking to provide continuing disclosure for the benefit of holders of such Series of the Bonds in substantially the form attached as Exhibit B. Section 15. Supplemental and Amendatory Ordinances. The City may supplement or amend this ordinance for any one or more of the following purposes without the consent of any Owners of the Bonds: (a) To add covenants and agreements that do not materially adversely affect the interests of Owners, or to surrender any right or power reserved to or conferred upon the City. (b) To cure any ambiguities, or to cure, correct or supplement any defective provision contained in this ordinance in a manner that does not materially adversely affect the interest of the Beneficial Owners of the Bonds. Section 16. Fixing Interest Rate on Assessments. The interest rate on the installment payments of the special assessments in LID No. 152 is fixed at a rate equal to 0.5%, plus the rate equal to the all-in true interest cost of the Bonds, as set forth in the Bond Purchase Contract, carried out to two decimal places. If the Bonds are issued in more than one Series, the all -in true interest cost shall mean a blended rate of all Series of the Bonds. Section 17. General Authorization and Ratification. The Designated Representative and other appropriate officers of the City are severally authorized to take such actions and to execute such documents as in their judgment may be necessary or desirable to carry out the transactions contemplated in connection with this ordinance, and to do everything necessary for the prompt delivery of the Bonds to the Purchaser and for the proper application, use and investment of the proceeds of the Bonds. All actions taken prior to the effective date of this Page 357 of 409 -13- FG: 103577414.3 ordinance in furtherance of the purposes described in this ordinance and not inconsistent with the terms of this ordinance are ratified and confirmed in all respects. Section 18. Severability. The provisions of this ordinance are declared to be separate and severable. If a court of competent jurisdiction, all appeals having been exhausted or all appeal periods having run, finds any provision of this ordinance to be invalid or unenforceable as to any person or circumstance, such offending provision shall, if feasible, be deemed to be modified to be within the limits of enforceability or validity. However, if the offending provision cannot be so modified, it shall be null and void with respect to the particular person or circumstance, and all other provisions of this ordinance in all other respects, and the offending provision with respect to all other persons and all other circumstances, shall remain valid and enforceable. Section 19. Conflicts with Pasco Municipal Code. To the extent that anything contained in this ordinance is inconsistent with any provision set forth in the Pasco Municipal Code, this ordinance and state law shall be deemed to be the controlling law for the narrow and specific purpose of authorizing the Bonds described herein, and such provisions of the Pasco Municipal Code shall not apply. Section 20. Effective Date of Ordinance. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. PASSED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, at a regular meeting thereof, this __ day of _________, 2025. Mayor ATTEST: City Clerk APPROVED AS TO FORM: Bond Counsel Attachments: Exhibit A – Description of the Bonds Exhibit B – Form of Undertaking to Provide Continuing Disclosure Page 358 of 409 Exhibit A A-1 FG: 103577414.3 EXHIBIT A DESCRIPTION OF THE BONDS (i) Principal Amount. The Bonds may be issued in one or more Series , and the aggregate principal amount of the Bonds shall not exceed the total amount on the assessment roll remaining uncollected after the expiration of the 30 day prepayment period ($12,678,905.87). To facilitate delivery of the Bonds through the Securities Depository, the principal amount may be rounded down to the nearest dollar. (ii) Date or Dates. Each Bond shall be dated its Issue Date, which date may not be later than one year after the effective date of this ordinance and may not occur prior to 20 days after the expiration of the 30 day prepayment period for paying assessments. All Series of the Bonds shall bear the same Issue Date. (iii) Denominations, Name, etc. The Bonds shall be issued in Authorized Denominations, initially with one Bond corresponding to each estimated redemption date within a Series. The Bonds shall bear any name and additional designation as deemed necessary or appropriate by the Designated Representative or the Bond Registrar. (iv) Interest Rate(s). Each Bond shall bear interest at a fixed rate not to exceed 6.50% per annum (computed on the basis of a 360-day year of twelve 30-day months) from the Issue Date or from the most recent date for which interest has been paid or duly provided for, whichever is later. The true interest cost to the City for each Series of the Bonds may not exceed 6.50%. (v) Interest Payment Dates. Interest shall be payable annually on each August 1, commencing August 1, 2026, which is the Interest Payment Date occurring no later than 6 months after June 1, 2026, which is the first annual assessment installment payment date following the Issue Date. (vi) Maturity Date. The Bonds shall mature on August 1, 2042, which is the Interest Payment Date next occurring after the date that is at least 2 years after the final assessment installment payment due date of June 1, 2040. (vii) Redemption Rights. The Bonds shall be subject to redemption on Interest Payment Dates, as set forth in Section 9 of this ordinance. Page 359 of 409 A-2 FG: 103577414.3 (viii) Price. The purchase price for each Series of the Bonds shall not be less than 98% nor more than 100% of the stated principal amount of the Bonds. (ix) Other Terms & Conditions. The Designated Representative may determine whether it is in the City’s best interest to provide for bond insurance or other credit enhancement; may designate a Series of the Bonds as Tax-Exempt Bonds or as taxable Bonds; may appoint the Fiscal Agent or the Finance Director as the initial Bond Registrar for a Series of the Bonds; agree to a minimum Guaranty Fund balance requirement; and may accept such additional terms, conditions and covenants as he or she may determine are in the best interests of the City, consistent with this ordinance. Page 360 of 409 Exhibit B B-1 FG: 103577414.3 [Form of] UNDERTAKING TO PROVIDE CONTINUING DISCLOSURE City of Pasco, Washington Local Improvement District No. 152 Bonds The City of Pasco, Washington (the “City”), makes the following written Undertaking for the benefit of holders of the above-referenced bonds (the “Bonds”), for the sole purpose of assisting the Purchaser in meeting the requirements of paragraph (b)(5) of Rule 15c2-12, as applicable to a participating underwriter for the Bonds. Capitalized terms used but not defined below shall have the meanings given in Ordinance No. ____ of the City (the “Bond Ordinance”). (a) Undertaking to Provide Annual Financial Information and Notice of Listed Events. The City undertakes to provide or cause to be provided, either directly or through a designated agent, to the MSRB, in an electronic format as prescribed by the MSRB, accompanied by identifying information as prescribed by the MSRB: (i) Annual financial information and operating data of the type included in the final official statement for the Bonds and described in paragraph (b) (“annual financial information”); (ii) Timely notice (not in excess of 10 business days after the occurrence of the event) of the occurrence of any of the following events with respect to the Bonds: (1) principal and interest payment delinquencies; (2) non-payment related defaults, if material; (3) unscheduled draws on debt service reserves reflecting financial difficulties; (4) unscheduled draws on credit enhancements reflecting financial difficulties; (5) substitution of credit or liquidity providers, or their failure to perform; (6) adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notice of Proposed Issue (IRS Form 5701 – TEB) or other material notices or determinations with respect to the tax status of the Bonds; (7) modifications to rights of holders of the Bonds, if material; (8) bond calls (other than scheduled mandatory redemptions of Term Bonds), if material, and tender offers; (9) defeasances; (10) release, substitution, or sale of property securing repayment of th e Bonds, if material; (11) rating changes; (12) bankruptcy, insolvency, receivership or similar event of the City or any obligated person, as such “obligated person” and “Bankruptcy Events” are defined in Rule 15c2-12; (13) the consummation of a merger, consolidation, or acquisition involving the City or an obligated person or the sale of all or substantially all of the assets of the City or an obligated person other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; (14) appointment of a successor or additional trustee or the change of name of a trustee, if material ; (15) incurrence of a financial obligation of the City or obligated person, if material, or agreement to covenants, events of default, remedies, priority rights, or other similar terms of a financial obligation of the City or obligated person, any of which affect security holders, if material; and (16) default, event of acceleration, Page 361 of 409 B-2 FG: 103577414.3 termination event, modification of terms, or other similar events under the terms of the financial obligation of the City or obligated person, any of which reflect financial difficulties. The term “financial obligation” means a (i) debt obligation; (ii) derivative instrument entered into in connection with, or pledged as security or a source of payment for, an existing or planned debt obligation; or (iii) guarantee of (i) or (ii). The term “financial obligation” shall not include municipal securities as to which a final official statement has been provided to the MSRB consistent with Rule 15c2-12; and (iii) Timely notice of a failure by the City to provide required annual financial information on or before the date specified in paragraph (b). (b) Type of Annual Financial Information Undertaken to be Provided . The annual financial information that the City undertakes to provide in paragraph (a): (i) Shall consist of (1) annual financial statements prepared (except as noted in the financial statements) in accordance with applicable generally accepted accounting principles applicable to local governmental units of the State such as the City, as such principles may be changed from time to time, which statements may be unaudited, provided, that if and when audited financial statements are prepared and available they will be provided; (2) a statement of the outstanding balance of obligations secured by the Local Improvement Guaranty Fund; (3) the balance of cash and investments in the Local Improvement Guaranty Fund at fiscal year end; and (4) a statement of the amount of assessments that the City billed and collected in that fiscal year; (ii) Shall be provided not later than the last day of the ninth month after the end of each fiscal year of the City (currently, a fiscal year ending December 31), as such fiscal year may be changed as required or permitted by State law, commencing with the City’s fiscal year ending December 31, 20 24; and (iii) May be provided in a single or multiple documents, and may be incorporated by specific reference to documents available to the public on the Internet website of the MSRB or filed with the SEC. (c) Amendment of Undertaking. This Undertaking is subject to amendment after the primary offering of the Bonds without the consent of any holder of any Bond, or of any broker, dealer, municipal securities dealer, participating underwriter, Rating Agency or the MSRB, under the circumstances and in the manner permitted by Rule 15c2-12. The City will give notice to the MSRB of the substance (or provide a copy) of any amendment to the Undertaking and a brief statement of the reasons for the amendment. If the amendment changes the type of annual financial information to be provided, the annual financial information containing the amended financial information will include a narrative explanation of the effect of that change on the type of information to be provided. (d) Beneficiaries. This Undertaking shall inure to the benefit of the City and the holder of each Bond, and shall not inure to the benefit of or create any rights in any other person. Page 362 of 409 B-3 FG: 103577414.3 (e) Termination of Undertaking. The City’s obligations under this Undertaking shall terminate upon the legal defeasance of all of the Bonds. In addition, the City’s obligations under this Undertaking shall terminate if the provisions of Rule 15c2-12 that require the City to comply with this Undertaking become legally inapplicable in respect of the Bonds for any reason, as confirmed by an opinion of Bond Counsel delivered to the City, and the City provides timely notice of such termination to the MSRB. (f) Remedy for Failure to Comply with Undertaking. As soon as practicable after the City learns of any failure to comply with this Undertaking, the City will proceed with due diligence to cause such noncompliance to be corrected. No failure by the City or other obligated person to comply with this Undertaking shall constitute a default in respect of the Bonds. The sole remedy of any holder of a Bond shall be to take action to compel the City or other obligated person to comply with this Undertaking, including seeking an order of specific performance from an appropriate court. (g) Designation of Official Responsible to Administer Undertaking . The Finance Director or his or her designee is the person designated, in accordance with the Bond Ordinance, to carry out the Undertaking in accordance with Rule 15c2-12, including, without limitation, the following actions: (i) Preparing and filing the annual financial information undertaken to be provided; (ii) Determining whether any event specified in paragraph (a) has occurred, assessing its materiality, where necessary, with respect to the Bonds, and preparing and disseminating any required notice of its occurrence; (iii) Determining whether any person other than the City is an “obligated person” within the meaning of Rule 15c2-12 with respect to the Bonds, and obtaining from such person an undertaking to provide any annual financial information and notice of listed events for that person required under Rule 15c2-12; (iv) Selecting, engaging and compensating designated agents and consultants, including financial advisors and legal counsel, to assist and advise the City in carrying out this Undertaking; and (v) Effecting any necessary amendment of this Undertaking. Page 363 of 409 FG: 103577414.3 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 June 16, 2025, as that ordinance appears on the minute book of the City. 2. The Ordinance will be in full force and effect five days after publication in the City’s official newspaper, which publication date is June 16, 2025. 3. A quorum of the members of the City Council was present throughout the meeting and a majority of the members voted in the proper manner for the passage of the Ordinance. Dated: June 16, 2025. CITY OF PASCO, WASHINGTON _____________________________________ City Clerk Page 364 of 409 AGENDA REPORT FOR: City Council June 11, 2025 TO: Dave Zabell, Interim City Manager City Council Regular Meeting: 6/16/25 FROM: Maria Serra, Director Public Works SUBJECT: *Resolution No. 4618 - Bid Rejection for MLB Required Improvements at GESA Stadium Pitching and Hitting Tunnels Phase 1C (5 minute staff presentation) I. ATTACHMENT(S): Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve Resolution No. 4618, rejecting all bids for Bid No. 24620: MLB Required Improvements at GESA Stadium Pitching and Hitting Tunnels (Phase 1-C). III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: As part of a long-term project to improve GESA Stadium and in order to satisfy new standards for Minor League Baseball Parks imposed by Major League Baseball (MLB) and preserve the presence of the Dust Devils team within the community, City staff worked with the Tri-Cities Dust Devils and Major League Baseball to identify required improvements to the stadium to improve both player and fan experience. In 2019, fan seating and lighting upgrades were completed. In 2021 new batting cages were installed. Post installment of the new batting cages, MLB revised their specifications for the batting cages, requiring the need to expand and enclose them. In 2023 both home and visiting team's clubhouses were remodeled, locker rooms were expanded, and an umpire locker room was created. Page 365 of 409 During its last session, the State Legislature approved an appropriation of $3,000,000 to fund this year's GESA Stadium Improvements. This season’s improvements include upgrading the outfield lighting, installing expanded safety netting along the seating areas, replacing the outfield fence system, adding a new batter’s eye and foul poles, expanding dugout seating, updating the sound and surveillance systems, creating a new locker room for female staff, installing new video boards, and expanding and enclosing the batting cages. Tonight's proposed action specifically focuses on the last item: the expansion and enclosure of the batting cages. V. DISCUSSION: A request for bids was advertised on May 18, 2025 for the MLB Required Improvements at GESA Stadium Pitching and Hitting Tunnels (phase 1-C) project. Public Bid opening took place on June 10, 2025. One (1) bid was received. The single bid received was from Apollo Inc. for $1,306,474.39. This bid amount exceeded the engineer's estimate of $1,117,837.81 by approximately 17%, also exceeding the budgeted amount for the project. After careful consideration, it was identified that award of the bid is not in the best interest of the City. Staff recommends rejection of bid and re-advertise for bids at a later date. Staff will reevaluate and adjust the project specifications and potential strategic repackaging of this work with the goal of fulfill the Major Ligue Baseball (MLB) requirements at GESA Stadium . Page 366 of 409 Resolution – Reject Bids for Project No. 24620 - 1 RESOLUTION NO. _______ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, REJECTING ALL BIDS FOR BID NO. 24620: MLB REQUIRED IMPROVEMENTS AT GESA STADIUM - PITCHING AND HITTING TUNNELS (PHASE 1-C). WHEREAS, the City of Pasco (City) identified the MLB Required Improvements at GESA Stadium in the approved Capital Improvement Plan; and WHEREAS, the City advertised for bids to construct new pitching and hitting tunnels at the GESA Stadium, provided as Bid No, 24620 MLB Required Improvements at GESA Stadium Pitching and Hitting Tunnels (Phase 1-C); and WHEREAS, on June 10, 2025 at 2:00 p.m. one (1) bid was received and opened by the City; and WHEREAS, the bid received was considerably higher than the available budget for this project, the bid being $1,306,474.39 with the engineer’s estimate of $1,117,837.81; and WHEREAS, pursuant to RCW 35.23.352, the City Council may, by Resolution, reject all bids and authorize further calls for bids in the same manner as the original call; and WHEREAS, after careful review, the City has determined that the bid is not in the City’s best interest to award. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the bid received for Bid No. 24620, MLB Required Improvements at GESA Stadium Pitching and Hitting Tunnels (Phase 1-C), is hereby rejected, and the Interim City Manager or their designee is hereby authorized to revise and make further calls for bids in the same manner as the original call for the project. Be It Further Resolved that this Resolution shall take effect immediately. Page 367 of 409 Resolution – Reject Bids for Project No. 24620 - 2 PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 368 of 409 AGENDA REPORT FOR: City Council June 10, 2025 TO: Dave Zabell, Interim City Manager City Council Regular Meeting: 6/16/25 FROM: Maria Serra, Director Public Works SUBJECT: Budget Amendment for Upsize Program Water and Irrigation I. ATTACHMENT(S): Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Proposed budget amendment for Development Upsize program Water Fund (Fund 411): $1,300,000 Irrigation Fund (Fund 420): $550,000 IV. HISTORY AND FACTS BRIEF: The City of Pasco’s Utility Upsize Program is an infrastructure planning tool designed to efficiently coordinate public utility improvements with private as extensions—such utility construct As activity. development developers water, sewer, and irrigation infrastructure—to serve new development projects, the City evaluates opportunities to upsize those facilities in accordance with long-range system planning and utility master plans. Upsizing typically involves increasing projected future meet capacities to or diameters pipe system demand or to support regional service needs beyond the scope of a single development. To facilitate this, the City enters into cost-sharing agreements with developers, whereby upsized infrastructure the during developer the installs project construction, and the City reimburses the incremental cost difference between the standard development requirement and the upsized specification. This approach minimizes future disruptions, avoids redundant construction, and Page 369 of 409 ensures cost-effective delivery of infrastructure. Funding for the upsizing component is programmed through the City’s utility operating budgets. These budgets are supported by utility revenues and capital expansion fees. The Utility Upsize Program supports orderly growth, system resiliency, and long-term service efficiency. Budgeting for such activity is more complicated by the fact that the construction activity is based on private development schedule. As a policy, City budgets conservatively, specially on expenses. Historical allocations for Water and Irrigation upsize and development contributions ranged between $200,000 and $400,000 biannually. If additional budget is required, staff requests amendment to the budget. In 2025-2026 Biennial Budget, Irrigation Utility budgeted $300,000 for upsizes and budget for Water Utility was inadvertently missed. V. DISCUSSION: The proposed allocations for the current biennium are $1.3 Million for Water Utility and $550,000 for Irrigation Utility. These funding estimates are based on a comprehensive review of current outstanding obligations—including projects underway with pending reimbursements—as well as anticipated commitments through the remainder of the biennium. This amendment positions the City to meet coordinated delivering continue responsibilities cost-sharing its and infrastructure improvements consistent with our adopted utility master plans. Current reserves can support this budget amendment; however, resources are strained due to significant needs across our utility systems. It’s important to recognize that not partnering with private development for upsizing infrastructure is not an economical option and could lead to substantial costs in the future. Looking ahead, this funding challenge underscores the need to revisit the utility’s expansion funding approach, particularly by adjusting capital expansion fees for the Water Utility. Staff is currently conducting a Water and Sewer Utility Revenue Requirement Study, similar to the recent analysis for the Irrigation Utility. When properly calibrated, these Capital Expansion Fees can establish a sustainable funding reserve to support capacity improvements initiated by the City or developers, including upsizing efforts. We are requesting Council’s guidance and discussion on this matter. Legal review determined a need for five day notification of Ordinance amending the budget. This discussion complies with RCW requirements; allowing staff to bring back this item for Council action during special meeting on June 23rd. Page 370 of 409 Ordinance – 2025 – 2026 Operating Budget Amendment - 1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE 2025-2026 BIENNIAL OPERATING BUDGET (ORDINANCE NO. 4749), BY PROVIDING SUPPLEMENT THERETO; TO PROVIDE ADDITIONAL APPROPRIATION IN THE CITY’S WATER AND IRRIGATION FUNDS AND DECLARING THAT AN EMERGENCY EXISTS. WHEREAS, on December 9, 2024, the Pasco City Council approved Ordinance No. 4749, adopting the 2025-2026 Biennial Operating Budget; and WHEREAS, the 2025-2026 Biennial Operating Budget did not include allocations for upsize contributions in Water or Irrigation Utilities, yet the need for City contribution to development efforts is now anticipated and necessary to provide the adequate system components to effectively serve the growing customer base; and WHEREAS, developers are required to install infrastructure in accordance with long range planning documents, such as Comprehensive Water System Plan and Irrigation Masterplan, to account for system needs beyond the individual development demands for the purpose of providing for the future needs of the City; and WHEREAS, Pasco City Council approved Ordinance No. 4457 adopting the “Design and Construction Standards and Specifications for Public Works Improvements”; and WHEREAS, in accordance with development guidelines, specifically Chapter 1 - General, Section 12. Utility Oversizing, of the “Design and Construction standards and specifications for Public Works Improvements” developers may request to enter an oversizing agreement for reimbursement of upsize costs for improvements in excess of the size necessary to serve their development; and WHEREAS, oversizing contributions are funded via capital expansion funds, which funded by capital expansion fees collected at time of development and capital expansion fees are a restricted fund utilized to support expansion of the utility system; and WHEREAS, multiple agreements for oversizing have been requested and estimates of oversizing contributions have been determined for each utility resulting in the proposed budget amendment amounts necessitating an emergency expenditure under RCW 35A.34.150 with an estimated amount of $2,150,000.00 required to meet the emergency expenditure. Page 371 of 409 Ordinance – 2025 – 2026 Operating Budget Amendment - 2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Pursuant to RCW 35A.34. 150, the City Council adopts the above Whereases as the facts constituting the emergency which could not have been reasonably foreseen at the time of filing the preliminary budget, declare that an emergency exists, and state that the following estimated amounts are required to meet the emergency as follows: Fund EXPENDITURE REVENUE Water Utility Fund $1,300,000 Irrigation Utility Fund $850,000 Total $2,150,000.00 Section 2. That the additions in appropriations and expenditures are hereby declared to exist in the above funds for the said uses and purposes as shown above, and the proper City officials are hereby authorized and directed to issue warrants and transfer funds in accordance with the provision of the Ordinance. Section 3. Except as amended herein, Ordinance No. 4749 as previously adopted heretofore shall remain unchanged. Section 4. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this Ordinance. Section 5. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this Ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 6. Effective Date. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and shall take full force and effect five (5) days after approval, passage, and publication as required by law. Page 372 of 409 Ordinance – 2025 – 2026 Operating Budget Amendment - 3 PASSED by the City Council of the City of Pasco, Washington, on this ___ day of ______, 2025. Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: ___________________________ Page 373 of 409 AGENDA REPORT FOR: City Council January 30, 2025 TO: Richa Sigdel, Deputy City Manager City Council Regular Meeting: 6/16/25 FROM: Richa Sigdel, Deputy City Manager City Manager SUBJECT: Authorizing the Interim City Manager to Execute the Purchase & Sale Agreement to Purchase Parcel No. 115350010 & Amending the 2025- 2026 Capital Projects Budget (5 minute staff presentation) I. ATTACHMENT(S): Presentation Resolution Purchase and Sale Agreement Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: Discussion III. FISCAL IMPACT: Purchase Price - Approximately $1,373,600 IV. HISTORY AND FACTS BRIEF: As part of the City’s broader transportation plan for the Broadmoor area and overall transportation network, a future Road 108 Overpass has been identified as a critical piece of future infrastructure as the area develops. The overpass will connect the Broadmoor commercial district to the residential neighborhoods to the south, similar to the planned Road 76 Overpass, which links businesses on Road 68 to residential areas south of I-182. This overpass will be essential to managing future traffic growth, maintaining transportation network safety, and supporting long-term economic development in the area. If the City does not acquire the necessary property, private development could take place within the project site, limit future economic growth and make mitigation of the development of property more difficult and costly. The proposed alignment of the future overpass is the only viable Page 374 of 409 alternative. V. DISCUSSION: The estimated cost of acquiring the necessary land is $1,373,600. Funding for this acquisition will be sourced from the Transportation Impact Fee fund . This is an opportunity purchase and was not anticipated during the 2025-2026 Biennial Budget and hence a budget amendment will be required. Staff will bring the proposed resolution and proposed budget amendment to Council during a special meeting on June 23 for Council consideration. Page 375 of 409 Purchase of Property Pa g e 3 7 6 o f 4 0 9 Map Pa g e 3 7 7 o f 4 0 9 Land Purchase Proposed Location for future overpass Connects commercial area to residential area Size: 3.9 Acres Price: Approximately $1,373,600 @ 7.85/sfPa g e 3 7 8 o f 4 0 9 Resolution – PSA for Purchase of Property - 1 RESOLUTION NO. _________ A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, RATIFYING THE PURCHASE AND SALE AGREEMENT WITH GAGE PROPERTIES LLC FOR PURCHASE OF PARCEL NO. 115350010. WHEREAS, the City of Pasco (City) recognizes the need for strategic infrastructure planning to support future growth and development; and WHEREAS, the City has identified the Chapel Hill area as a potential site for a future overpass to improve traffic flow, enhance safety, and support regional connectivity; and WHEREAS, the City desires to proactively secure the necessary real property within the Project Area to prevent incompatible development and ensure the availability of land for the future overpass project; and WHEREAS, acquiring the necessary property interests now will minimize future costs, reduce potential disruptions, and facilitate the timely construction of the overpass when needed; and WHEREAS, the City Council of the City of Pasco, Washington, has after due consideration, determined that it is in the best interest of the City of Pasco to enter into Purchase and Sale Agreement with Gage Properties LLC. 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 Purchase and Sale Agreement between the City of Pasco and Gage Properties LLC as attached hereto and incorporated herein as Exhibit A. Be It Further Resolved, that the Purchase and Sale Agreement signed by the City Manager of the City of Pasco, Washington, is hereby ratified on behalf of the City of Pasco; and the Interim City Manager is hereby authorized to take all steps required to complete the sale; and to make minor substantive changes necessary to execute the Agreement. Be It Further Resolved, that this Resolution shall take effect immediately. Page 379 of 409 Resolution – PSA for Purchase of Property - 2 PASSED by the City Council of the City of Pasco, Washington, on this ___ day of _____, 2025. _____________________________ Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Page 380 of 409 15 4/18/2025 Page 381 of 409 509-845-9411 Gage Properties LLC 3450 Sacramento Street #322 San Francisco, CA 94118 (Grant Young - Manager) granteyoung@gmail.com 415-823-1403 For sale by owner 4/18/2025 Page 382 of 409 4/18/2025 Page 383 of 409 4/18/2025 Page 384 of 409 4/18/2025 Page 385 of 409 4/18/2025 Page 386 of 409 4/18/2025 Page 387 of 409 4/18/2025 Page 388 of 409 4/18/2025 Page 389 of 409 4/18/2025 Page 390 of 409 4/18/2025 Page 391 of 409 0 4/18/2025 Page 392 of 409 4/18/2025 (Grant Young - Manager) 4/18/2025 Page 393 of 409 Page 394 of 409 3. Offer price is based on a 3.9 acre parcel priced at $7.75/sf. If there is any variation in the lot size the sales price will adjust at the stated rate. Page 395 of 409 Ordinance – 2025 – 2026 Capital Projects Budget Amendment - 1 ORDINANCE NO. ____ AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING THE 2025-2026 BIENNIAL CAPITAL PROJECTS BUDGET (ORDINANCE NO. 4750), BY PROVIDING SUPPLEMENT THERETO; TO PROVIDE ADDITIONAL APPROPRIATION IN THE CITY’S I-182 CORRIDOR IMPACT FUND AND DECLARING THAT AN EMERGENCY EXISTS. WHEREAS, on December 9, 2024, the Pasco City Council approved Ordinance No. 4750, adopting the 2025-2026 Biennial Capital Projects Budget; and WHEREAS, the 2025-2026 Biennial Capital Projects Budget did not include the Road 108 Overpass project allocation as the project was not anticipated to proceed in this biennium; and WHEREAS, the City of Pasco recognizes the need for strategic infrastructure planning to support future growth and development; and WHEREAS, as part of the City's broader transportation plan for the Broadmoor area and overall transportation network, the future Road 108 Overpass was identified as a critical piece of infrastructure to connect the commercial district to residential neighborhoods; and WHEREAS, acquiring the necessary property interests now will minimize future costs, prevent new development, and facilitate the timely construction of the overpass when needed necessitating an emergency expenditure under RCW 35A.34.150; and WHEREAS, funding for this acquisition will be sourced from the Transportation Impact Fee fund with the estimated amount of $1,373.600.00 required to meet the emergency expenditure under RCW 35A.34.150. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: Section 1. Pursuant to RCW 35A.34.150, the City Council adopts the above Whereases as the facts constituting the emergency which could not have been reasonably foreseen at the time of filing the preliminary budget, declare that an emergency exists and state that the following estimated amounts are required to meet the emergency as follows: Fund EXPENDITURE REVENUE I-182 Corridor Impact Fund $1,373,600.00 $0.00 Total $1,373,600.00 $0.00 Page 396 of 409 Ordinance – 2025 – 2026 Capital Projects Budget Amendment - 2 Section 2. That the additions in appropriations and expenditures are hereby declared to exist in the above funds for the said uses and purposes as shown above, and the proper City officials are hereby authorized and directed to issue warrants and transfer funds in accordance with the provision of the Ordinance. Section 3. Except as amended herein, Ordinance No. 4750 as previously adopted heretofore shall remain unchanged. Section 4. Severability. If any section, subsection, sentence, clause, phrase or word of this ordinance should be held to the invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality thereof shall not affect the validity or constitutionality of any other section, subsection, sentence, clause phrase or word of this ordinance. Section 5. Corrections. Upon approval by the city attorney, the city clerk or the code reviser are authorized to make necessary corrections to this ordinance, including scrivener’s errors or clerical mistakes; reference to other local, state, or federal laws, rules, or regulations; or numbering or referencing of ordinances or their sections and subsections. Section 6. Effective Date. This Ordinance, being an exercise of a power specifically delegated to the City legislative body, is not subject to referendum, and 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, on this ___ day of ______, 2025. Pete Serrano Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorneys Published: ___________________________ Page 397 of 409 AGENDA REPORT FOR: City Council June 6, 2025 TO: Dave Zabell, Interim City Manager City Council Regular Meeting: 6/16/25 FROM: Angela Pashon, Assistant City Manager City Manager SUBJECT: Request to Support Flyby by Canadian Armed Forces Aircraft for Tri- City Water Follies Airshow (1 minute staff presentation) I. ATTACHMENT(S): Letter II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to approve the Mayor signing a letter supporting a flyby by Canadian Armed Forces aircraft as low as 500 feet for the Tri-City Water Follies Airshow. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: The Tri-City Water Follies event takes place the last weekend in July annually. The event includes an Over-the-River Show. V. DISCUSSION: Tri-City Water Follies is seeking permission from the City of Pasco to allow two (2) Royal Canadian Airforce F-18s to preform a flyby for this year’s Water Follies event. Permission must be provided through signature of the attached letter. Page 398 of 409 City of Pasco | 525 N 3rd Avenue, Pasco, WA 99301 | 509-544-3080 | www.Pasco-WA.gov 16 June 2025 Special Events 1 Canadian Air Division Headquarters PO Box 17000 Stn Forces Winnipeg, MB R3J 3Y5 Flyby Letter – Water Follies Airshow July 25-27 Pasco WA To whom it may concern: The City of Pasco is supportive of a flyby by Canadian Armed Forces aircraft as low as 500 feet, for the planned Water Follies Airshow being held in Tri-Cities, WA for transit, practice, and shows on July 25-27, 2025. If you require any further information, please feel free to contact me at (509) 544-3060. Sincerely, Pete Serrano Mayor Page 399 of 409 AGENDA REPORT FOR: City Council June 11, 2025 TO: Dave Zabell, Interim City Manager City Council Regular Meeting: 6/16/25 FROM: Dave Zabell, City Manager City Manager SUBJECT: Consideration to Discontinue Fluoridation in Drinking Water (1 minute staff presentation) I. ATTACHMENT(S): Office of Drinking Water Notification Form II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to initiate the process for consideration of the discontinuation of fluoridation in drinking water supply, and to proceed with the required notifications and public process in accordance with RCW 70A.125.210. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: City of Pasco owns and operates a Potable Water System (Water System ID 66400) serving approximately 23,700 customer accounts within City limits and Urban via 2406, No. Resolution Council, The Pasco Area. Growth City authorized fluoridation to the drinking water supply on November 2, 1998. Drinking water provided to customers is currently fluoridated at levels compliant with State recommendation. Washington State does not require public water systems to add fluoride to drinking water. The decision to fluoridate drinking water is a local decision. After a community makes the decision to fluoridate its drinking water, the Washington State Department of Health (DOH) provides technical assistance to ensure fluoridation treatment is designed, installed, and operated in a manner that meets fluoride safety standards. Washington Administrative Code (WAC) the 246-290-460, Fluoridation of drinking water, sets allowed fluoridation concentration range for water systems that add fluoride to their Page 400 of 409 water for dental health benefits. The ongoing debate over water fluoridation involves a wide range of scientific evidence and public health considerations. Supporters highlight its proven benefits in preventing cavities and improving oral health, while opponents raise concerns about potential risks, particularly related to cognitive development. Below is a summary of the key arguments from both sides. Pro-Fluoridation  The CDC has recognized community water fluoridation as one of the 10 great public health achievements of the 20th century, citing its role in significantly reducing tooth decay since it began in 1945.  Currently, approximately 75% of Americans receive fluoridated water through their public water systems.  Numerous studies demonstrate that widespread fluoridation effectively prevents cavities, resulting in substantial savings for families and the healthcare system. It is also considered an equitable public health measure, improving oral health regardless of age, income, or education level.  Research shows that schoolchildren in communities with fluoridated water have, on average, 2.25 fewer decayed teeth compared to children in non-fluoridated communities.  The U.S. Community Preventive Services Task Force issued strong recommendations in both 2001 and 2013 supporting community water fluoridation as a key strategy for preventing and controlling tooth decay. Anti-Fluoridation  Recent research has raised concerns about potential negative impacts of cognitive on possible effects particularly exposure, fluoride its development.  A 2024 monograph from the U.S. National Toxicology Program (NTP) suggested there could be a link between higher fluoride levels (above 1.5 mg per liter, more than double the amount recommended by the CDC) primarily studies these However, IQ in lower and children. involved populations outside the U.S. with naturally high fluoride levels, and their applicability to fluoridation practices here remains uncertain. The NTP concluded that further research is needed to fully understand whether lower levels of fluoride exposure could impact children’s IQ.  Fluoride is more widely available today in products like toothpaste and mouthwash than was the case decades ago at the time fluoride was starting to be added to public drinking water systems. Requirements for Discontinuation of Fluoride Treatments On July 23, 2023, RCW 70A.125.210, Fluoridation of Water Supply-Commencing or Discontinuing-Notice, went into effect. The purpose of this RCW is to set Page 401 of 409 notification requirements for public water systems that want to start adding fluoride to their drinking water, or systems that would like to stop adding fluoride to their drinking water. Public water systems considering starting or discontinuing fluoridation of their water on a continuing basis must notify their customers and the Office of Drinking Water (ODW) at Department of Health (DOH), at least 90 days prior to a vote or decision on the matter. Water systems can notify customers by radio, television, newspaper, regular mail, electronically, or by any combination of methods that most effectively notify customers. If a water system fails to meet the new notification requirements it must continue its current fluoridation practice until it meets the notification requirements. For additional resources DOH has a section on their website dedicated to information on the fluoridation of drinking water: Fluoridation Drinking Water | of Washington State Department of Health . V. DISCUSSION: The City Council has expressed interest in considering the discontinuation of fluoridation in the City's drinking water supply. If approved, the proposed motion would initiate the public notification process required prior to any final decision RCW accordance fluoridation, with elimination the on of in 70A.125.210. Staff has developed a notification plan that includes the following components:  Press release in English and Spanish  Notices to be included in all customer bills (It takes a 4 week billing cycle to reach all customer accounts)  Social media announcements  One-minute automated phone calls to all 23,700 customer account holders  Direct emails to all 23,700 customer account holders in English, Spanish, and Russian  30-second TV commercial (English and Spanish) airing in Apple Valley from July through September  30-second radio commercial (English and Spanish) airing on Alcon Radio Optional additional outreach methods for broader community engagement include:  Direct mail to all addresses served by City Utilities  Request distribution of a multilingual flyer (English, Spanish, Russian) through the School District's PeachJar system to all registered student households Page 402 of 409 These additional efforts are intended to reach water users who may not be listed as the primary account holder such as mobile home park and multi-family residents. Summary of Required Notifications: The core notification strategy includes:  Press releases to traditional media outlets  Notices in Water Utility bills  Emails and automated calls to water account contacts  Social media messaging Following the 90-day notification period—estimated to conclude in October— the matter will return to Council for discussion and potential action. If the City Council decides to stop fluoridation, City Staff will ensure compliance with state regulations and notify the ODW, as well as proceed with updates to Operations and Maintenance Manuals and process adjustments at water treatment plants. Staff Request: Staff is seeking Council direction on the desired level and methods of public engagement for this process. Outreach tools available include:  Online surveys  Comment submission forms  Public hearings  In-person, online, or hybrid public engagement events  Additional funding to notify all utility customers at once, or complete this task during the monthly billing cycle (approx. $18,000) Some cities have proactively invited experts to present their arguments for and against type this desires Council of water, drinking of fluoridation if informational session, staff can arrange it. Staff will proceed with planning based on Council’s direction. It is likely based on past experience when discussing this topic these groups will self-initiate their participation in the process. Page 403 of 409 Public Notification Form Notification of Water Fluoridation Change 331-772 • April 2025 1 For ODW Office Use Only Entered By Click or tap here to enter text. Date Click or tap to enter a date. Washington State RCW 70A.125.210 requires that a public water system considering commencing or discontinuing fluoridation of its water supply on a continuing basis must notify the Washington State Department of Health (DOH), Office of Drinking Water (ODW) and its water customers at least 90 days prior to any vote or decision on the matter. Date Received Click or tap to enter a date. Public Water System Name Public Water System Number Click or tap here to enter text. Click or tap here to enter text. Email Address Phone Number Fax Number Click or tap here to enter text. Click or tap here to enter text. Click or tap here to enter text. Anticipated Date of Vote Click or tap to enter a date. Type of modification being considered (check appropriate box). ☐ Adding Fluoridation. If after the vote fluoride is to be added, an official letter, along with detailed plans and specifications for the fluoride feed equipment, must be submitted to the Department of Health, Office of Drinking Water. ☐ Removing Fluoridation. If after the vote fluoridation is to be removed, an official letter must be submitted to the Department of Health, Office of Drinking Water. Any additional requirements for treatment removal will be communicated to the system by the Department in writing. Check all types of notifications used to inform customers of the vote. List date of notification of each type. Notice on bill Date Click for Date Radio Date Click for Date Television Date Click for Date Newspaper Date Click for Date Mailing Date Click for Date Email Date Click for Date Other (Describe notification method) Click or tap here to enter text. Please attach a copy of the language used in the water system’s notification. Submit this form and attached documentation to the Department of Health, Office of Drinking Water at least 90 days before the anticipated vote on fluoride modification. Email this form to fluoride@doh.wa.gov with the subject line “Notification of Fluoridation Change.” Pursuant to RCW 70A.125.210, any public water system that violates the notification requirements of this section shall return the fluoridation of its water supply to its previous level until proper notification is provided under the provisions of this section. Printed Name Click or tap here to enter text. Title Click or tap here to enter text. Signature Click or tap here to enter text. Date Click or tap to enter a date. For more information or assistance completing this form, contact the Washington State Department of Health, Office of Drinking Water at fluoride@doh.wa.gov. To request this document in another format, call 1-800-525-0127. Deaf or hard of hearing customers, please call 711 (Washington Relay) or email doh.information@doh.wa.gov. If in need of translation services, call 1-800- 525-0127. Page 404 of 409 AGENDA REPORT FOR: City Council June 12, 2025 TO: Dave Zabell, Interim City Manager City Council Regular Meeting: 6/16/25 FROM: Angela Pashon, Assistant City Manager City Manager SUBJECT: Request for Council Support of Greater Columbia 211 Related to WA 2- 1-1 Call Center Consolidation (1 minute staff presentation) I. ATTACHMENT(S): Form letter II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: MOTION: I move to support the Mayor signing a letter of support for a one-year pause for the transition from regional 211 call-centers to a single, state-wide call center. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: 211 is a free, confidential, statewide helpline that connects people to local services—such as housing, food, mental health, and disaster response— through trained specialists with regional knowledge. The system is currently operated by seven regional call centers, including Greater Columbia 211. On January 27, 2025, Washington 211 voted to replace the regional model with a single centralized call center. An RFP was released for this new structure, which outlines reduced hours (6 per day instead of 9), limited capacity (10,000 monthly calls vs. the current 28,524), and reduced funding. Additionally, local resource updates would be outsourced, and a clear transition plan is lacking ahead of contract expirations on June 30, 2025. Stakeholders have raised serious concerns about governance transparency, potential service gaps, and the loss of community-specific expertise. Page 405 of 409 V. DISCUSSION: People for People has requested the City consider submitting a letter of support to pause the transition until June 2026 to allow for additional planning, engagement, and funding strategies. If Council would like to submit a letter of support, staff requests a motion by Council. Page 406 of 409 [Letterhead/Logo] [Date] Dear WA211 Board of Directors, On behalf of [your organization/coalition/role], I am reaching out today with deep concern and profound urgency about the recent decision to dismantle Washington’s regional 211 call centers and move toward a single, centralized call center model. [Your organization name] has been a proud partner of the 211 system for [number of years], working closely with the Greater Columbia 211 call center to support individuals and families across [your region/county/city]. Through our collaboration, we have seen firsthand how 211 serves as a trusted, responsive lifeline— connecting community members to critical resources such as [examples: housing, food assistance, transportation, behavioral health, or bilingual support]. Whether during daily critical needs or emergency response efforts like [specific event—e.g., the COVID-19 pandemic, wildfires, extreme weather, etc.], 211 has consistently provided compassionate, knowledgeable assistance that reflects the unique needs of our local communities. For years, the strength of the 211 system in Washington has come from its deep local roots. Regional 211 centers have built trusted relationships with callers, community partners, and service providers. They don’t just answer phones—they understand the local landscape, know the people and organizations behind the services, and respond with compassion and accuracy that only local knowledge can provide. That connection matters. It saves lives, it eases crises, and it makes our communities stronger. Consolidating the 211 system into one statewide center risks unraveling what has made 211 such a vital resource for all Washingtonians. A single center cannot replace the decades of outreach, local partnerships, and regional expertise and funding that ensure people get the right help at the right time. Reducing service hours, cutting staff, and outsourcing local resource curation will only hurt the people who rely on 211 most— those who are already navigating difficult, often overwhelming challenges. The move to a consolidated model without the local resources will have a devastating effect on Greater Columbia 211 most vulnerable residents that need help. The proposed consolidation limits the call center operation to six hours per day and 10,000 calls per month from the current average of 28,524 calls per month. The consolidation extends the wait time, increases the number of abandoned calls, and answers only 35% of the average number of statewide calls Washington 211 receives. Please reconsider this decision and press pause on the consolidation. Extend the current system through June 2026 and use that time to truly engage with the communities 211 serves. Let’s work together to strengthen what’s working, fix what’s not, and build a future for Washington that honors both efficiency and humanity. Sincerely, [Your Name] [Your Title / Affiliation, if applicable] Page 407 of 409 Promote a high-quality of life through quality programs, services and appropriate investment and re- investment in community infrastructure. City Council Goals QUALITY OF LIFE 2024-2025 Enhance the long-term viability, value, and service levels of services and programs. FINANCIAL SUSTAINABILITY Promote a highly functional multi-modal transportation system. COMMUNITY TRANSPORTATION NETWORK Implement targeted strategies to reduce crime through strategic investments in infrastructure, staffing, and equipment. COMMUNITY SAFETY Promote and encourage economic vitality. ECONOMIC VITALITY Identify opportunities to enhance City of Pasco identity, cohesion, and image. CITY IDENTITY Page 408 of 409 METAS DEL CONCEJO MUNICIPAL 2024-2025 Promover una alta calidad de vida a través de programas, servicios y inversion apropiada y reinversión en la comunidad infraestructura comunitaria. CALIDAD DE VIDA Promover viabilidad financiera a largo plazo, valor, y niveles de calidad de los servicios y programas. SOSTENIBIILIDAD FINANCIERA Promover un sistema de transporte multimodal altamente funcional. RED DE TRANSPORTE DE LA COMUNIDAD Implementar estrategias específicas para reducir la delincuencia por medios de inversiones estratégicas en infraestructura, personal y equipo. SEGURIDAD DE NUESTRA COMUNIDAD Promover y fomentar vitalidad económica. VITALIDAD ECONOMICA Identificar oportunidades para mejorar la identidad comunitaria, la cohesión, y la imagen. IDENTIDAD COMUNITARIA Page 409 of 409