HomeMy WebLinkAbout4615 Resolution - A Street Sports Complex- Water DRA
Resolution – A Street Sports Complex – Water DRA - 1
RESOLUTION NO. 4615
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
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 16th day of June,
2025.
_____________________________
Pete Serrano
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
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:
Exhibit A
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.
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
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: ___________________
A Street Sports Complex
Developer Services Agreement
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A Street Sports Complex
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EXHIBIT B
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