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HomeMy WebLinkAbout2005.11.14 Council Workshop Packet AGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. November 14,2005 1. CALL TO ORDER 2. VERBAL REPORTS FROM COUNCILMEMBERS: 3. ITEMS FOR DISCUSSION: (a) Pandemic Flu Presentation. (NO WRITTEN MATERIAL ON AGENDA.) Presentation by Dr. Larry Jecha, Heath Officer,Benton-Franklin Health District. (b) 2005 Water and Sewer Utility Revenue Bonds: 1. Agenda Report from Jim Chase,Finance Manager dated November 9, 2005. 2. Draft of Proposed Ordinance. 3. Preliminary Official Statement. (References in Council packets only; copy available in Finance Manager's office for public review.) (c) Discussion of Draft Pasco I-182 Corridor Irrigation System Plan: 1. Agenda Report from Robert J. Alberts, Public Works Director dated November 9,2005. 2. Draft Pasco I-182 Corridor Irrigation System Plan (Council packets only; copy available in for public inspection at the Pasco Public Library and the Public Works Director's office at City Hall). (d) Funding Request for 211 Call Center: 1. Agenda Report from Gary Crutchfield, City Manager dated November 9, 2005. 2. Letter to Mayor Garrison from United Way dated 10/20/05. 3. Letter to City Manager from United Way dated 11/8/05. (e) 2006 HOME Fund Allocation: 1. Agenda Report from Richard J. Smith, Community&Economic Development Director and Cruz Gonzalez,Urban Development Coordinator dated November 9, 2005. 2. Resolution allocating 2006 HOME Funds. (f) Appropriation of HOME Program Funds: 1. Agenda Report from Richard J. Smith, Community&Economic Development Director and Cruz Gonzalez,Urban Development Coordinator dated November 9,2005. 2. Resolution appropriating HOME Funds to purchase vacant lots. 3. Map. (g) Purchase of Property located at 5th and Ainsworth: 1. Agenda Report from Richard J. Smith, Community&Economic Development Director and Cruz Gonzalez,Urban Development Coordinator dated November 9,2005. 2. Real Estate Purchase and Sale Agreement. (h) Street Light Installations: 1. Agenda Report from Robert J. Alberts,Public Works Director dated November 10, 2005. 2. Lighting Status Map. (i) SR 395/Court Street Pedestrian Overpass Crossing: 1. Agenda Report from Robert J. Alberts,Public Works Director dated November 9,2005. 2. Bid Tabulation. (j) Council Chamber Audio and Video Systems: 1. Agenda Report from Elden Buerkle,Management Assistant dated November 10, 2005. 2. Advanced Broadcast Solutions Proposal. 3. Professional Video&Audio,Inc.,Proposal. (References in Council packets only; copy available for public review in City Manager's office.) (k) Agreement for Legislative Consultant Services: 1. Agenda Report from Gary Crutchfield, City Manager dated November 9, 2005. 2. Proposed Agreement. Workshop Meeting 2 November 14, 2005 (1) Setting the 2006 Property Tax Levy: 1. Agenda Report from Jim Chase, Finance Manager dated November 1,2005. 2. Tax Levy Rate History Chart. 3. Assessed Value History Chart. 4. Prior Years Tax Preservation—`Banking"Chart—Option 1 &2. 5. Copy of Ordinance for the 2006 Ad Valorem Tax—Option 1 &2. 6. Copy of Ordinance Preserving Property Tax Levy Capacity—Option 1 &2. 4. OTHER ITEMS FOR DISCUSSION: (a) (b) (c) 5. EXECUTIVE SESSION: (a) (b) (c) 6. ADJOURNMENT. Reminders: 1. 11:00 a.m., Monday, November 14, 5204 Road 68, Suite A— Starbucks Ribbon Cutting Ceremony. (MAYOR MIKE GARRISON) 2. 12:00 p.m., Monday, November 14, Pasco Red Lion — Pasco Chamber of Commerce Membership Luncheon. (Dr. Dennis McGuire will provide an update on"The State of Education in Pasco.") 3. 5:30 p.m., Wednesday, November 16, Roy's Smorgy — Good Roads Association Board Meeting. (COUNCILMEMBER EILEEN CRAWFORD) 4. 12:00 p.m., Thursday, November 17, 720 W. Lewis Street — Pasco Downtown Development Association Board Meeting. (COUNCILMEMBER MATT WATKINS, Rep.; REBECCA FRANCIK,Alt.) 5. 11:30 a.m., Friday, November 18, Roy's Smorgy—Benton-Franklin Council of Governments Board Meeting. (COUNCILMEMBER EILEEN CRAWFORD,Rep.; MAYOR MIKE GARRISON,Alt.) AGENDA REPORT FOR: City Council Date: November 9,2005 TO: Gary Crutchfield, ana Workshop: November 14, 2005 Stan Strebel, Ad m iv ommunity Services Director Regular: November 21, 2005 FROM: Jim Chas nance Manager 't SUBJECT: 2005 WATER AND SEWER UTILITY REVENUE BONDS. I. REFERENCE(S): 1. Draft of Proposed Ordinance. (in Council packets only-copy available in Finance Manager's Office) 2. Preliminary Official Statement. (in Council packets only-copy available in Finance Manager's Office) H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATION: 11/14/05 DISCUSSION: 11/21/05 MOTION: I move to adopt Ordinance No. an ordinance relating to the Waterworks Utility of the City, including the Sanitary Sewerage System and the system of Storm or Surface Water Sewers as a part thereof; adopting a system or plan of additions to and betterments and extensions of the Waterworks Utility, providing for the issuance and sale of $4,400,000 par value of Water and Sewer Utility Revenue Bonds, 2005, for the purpose of carrying out the System or Plan adopted by this ordinance and to pay the cost of issuing and selling those Bonds; Fixing the Date, Form, Denomination, Maturities, Interest Rates, Terms and Covenants of the Bonds authorized herein; providing for Bond Insurance; and providing for the Sale and Delivery of the Bonds to Banc of America Securities LLC of Seattle, Washington. III. FISCAL IMPACT: Anticipated debt service requirements will be scheduled with other debt service requirements of the utilities. These payments will vary in amount from year to year and be approximately $320,000 to $330,000 per year. Annual debt service based on an estimated interest rates ranging from approximately 2.75% to 5%depending on maturity. IV. HISTORY AND FACTS BRIEF: These bonds will pay for the construction costs to build the new Composite Water Tower on Road 68 and related projects included in the 2005-2010 the Capital Improvements Plan. These projects include the new tower, improvements around and the painting of the old water tower. The water utility will be spending over$9.5 million during 2005, 2006&2007, and the projected cash balance for the water utility will decline to a balance of around $1 million without the sale of bonds for the above projects. The debt service on the new bonds will be spread to all water customers as all types of customers (residential and commercial)will benefit from the new water tower. VI. DISCUSSION• Staff recommends adoption of the proposed ordinance. VII. OTHER FACTS: The City is awaiting a bond rating from Moody's. The City received an A3 rating on the last several bond issues. Staff will review if purchasing bond insurance is cost effective once the new rating is received. Purchasing bond insurance guarantees a AAA bond rating and the best interest rates. The bond sales will occur on November 21 st. The completed bond ordinance will be available by the start of the council meeting. 3(b) AGENDA REPORT NO. 39 FOR: City Council DATE: 11/9/05 TO: Gary Crutchfi 1 anager Workshop: 11/14/05 FROM: Robert J. Alber 'c Works Director SUBJECT: Discussion of Draft Pasco 1-182 Corridor Irrigation System Plan I. REFERENCE(S): 1. Draft Pasco 1-182 Corridor Irrigation System Plan(in Council packets only; copies available for public inspection at the Pasco Public Library and the Public Works Director's office at City Hall) 11. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 11/14: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: The development of a Comprehensive Irrigation Management and Capital Improvement Plan for the plateau area was one of the Council goals. The draft plan was prepared by C112M Hill. Mr. Anthony Krutsch is here from C112M Hill to provide a presentation on the draft plan. V. ADMINISTRATIVE ROUTING Project File 3(c) AGENDA REPORT TO: City Council November 9, 2005 FROM: Gary Crutchft anager Workshop Mtg.: 11/14/05 SUBJECT: Funding Reque t for 211 Call Center I. REFERENCE(S): 1. Letter to Mayor Garrison from United Way dated 10/20/05 2. Letter to City Manager from United Way dated 11/8105 II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 11/14: Discussion III. FISCAL IMPACT: See below. IV. HISTORY AND FACTS BRIEF: A) Ms. Beverly Webber, President of United Way of Benton and Franklin Counties, presented to the City Council a few weeks ago the concept being pursued throughout the state to establish a network "211 Call Center." The fundamental purpose of such a call center is to provide a simple telephone information and referral system for citizens to utilize in finding human services available to them. B) The state of Washington has apparently set aside $1 million in capital project funds (largely for hardware and software) to initiate the state-wide computer network for a 211 Call Center system. There is a growing effort to obtain on-going funding from the state to assist the operational cost of such a state-wide system. The federal government is currently considering funding requests for 211 Call Centers, including the Washington State service. C) The "People for People" organization, currently in Yakima, has been identified as the operator of a 12-county region (including Benton, Franklin and Walla Walla counties). The start-up cost for the first five counties is estimated at $427,000 (combined start up and first year operating cost). It is intended that one-third of the funding be provided by the federal government, one-third by the state and the other third from local sources (including cities); there is no assurance, as yet,-that such a funding partner will emerge. D) United Way has been making an effort within Benton and Franklin counties to obtain commitments for their share of the first year start-up cost (the Benton and Franklin share is estimated at $54,459). To date, about $30,000 has been committed, including a $10,000 commitment from the city of Kennewick. V. DISCUSSION: A) The purpose of establishing a 211 state-wide call center is certainly laudable. Assuming the federal and state governments can. provide the respective one-third shares, the provision of the other third through local jurisdictions and service organizations (i.e., United Way, Kiwanis, Rotary, etc.) should make it relatively easy to maintain. B) Council is urged to give due consideration to some degree of financial commitment representing Pasco's share of the bi-county portion (staff suggests at least $5,000). If such a commitment is made, some form of written funding agreement would need to be developed, for formal action by the Council prior to release of the funds. Given the estimated February start up date, there appears to be adequate time to develop the necessary agreement, if Council is interested in participation. 3(d) 509.783.4102 tel 509.735.7005 fax 401 N.Young St. Kennewick,WA 99336 www.unitedway-bfco.com Way October 20,2005 PAS C O CITY HALL what matters.TM RECEIVED Mr.Mike Garrison,Mayor rr11 ��t , LJ05 Executive Committee City of Pasco B.Sue Kuntz,Board Chair P.O.Box 293 Keith Anderson Pasco,WA 99301 CITY MANAGER'S ChrJoelEacker OFFICE Ken Hohenberg berg Bernie Laverentz Dear Mayor Garrison: Len Peters Chris Powers Thank you for the opportunity of presenting the Pasco City Council with information about 2-1-1 on Jim Sanders y Qp ty p g tY Willie stone October 10, 2005. On behalf of People For People, our region's designated 2-1-1 Call Center, United Beverly Weber,President Way of Benton and Franklin Counties is requesting$10,000 in financial assistance from the City of Pasco in an effort to bring the 2-1-1 telephone information and referral system to Benton and Franklin Counties Board Members in early 2006. Fran d Arolmi LeeAshjian As you know, 2-1-1 is a three-digit telephone number that connects people to community services. It is Laura Lee Barry Y + g P P P tY Gordon Beecher an easy-to-remember number that makes it possible for people in need to navigate the complex and ever- othene Bell growing aze of human services. It provides quick access to health and human services, encouraging and Amy Cruz Pr tl g g John Darrington fostering self-sufficiency. These services are also extremely beneficial to employers and their employees. Rich Emery 2-1-1 improves the quality of life in a community which is important for attracting new businesses. Barbara French-Norris P q t3' �J P g Sandy Fritts Additionally,by tracking the types of calls made,valuable data on community needs and overlaps in Bob Frix h makers and civic organizations information on how to best invest Bart Gallant services can provide fenders,policy org Becky Gauthier scarce community resources to address community needs. 2-1-1 is now successfully operating in 32 states. Connie Gillispie Doug Haack Bob Hammond The Washington Information Network 2-1-1, a not-for-profit 501(e)(3) corporation,was charged by the Bob Heck m Henschel State Legislature to lead the effort to establish 2-1-1 services in Washington. People For People, a Rebecca Holland multifaceted not-for-profit human service organization in Yaki na,has been designated by WAN 2-1-1 as Angie Holt Zelma Maine Jackson the Greater Columbia Region's 2-1-1 Call Center. The estimated startup and first year operating costs are Barbara Johnson $427,000 to launch 2-1-1 by early 2006 in the first 5 counties of the 12-county region(Benton, Franklin, Kris Johnson Walla Wall Yakima and Kittitas . It is estimated that one-third of the funding ill from the federal Carol Krueger � ) g come Paul Kruger government, one-third from the State and one-third from local communities through donations, grants, Bill Lampson bauer private dollars and United Ways. Benton and Franklin Counties' portion of this$427,000,based on the Ji Ale x Najera five-county population, is$54,459, The United Way of Benton and Franklin Counties has approved John Clivas $20,000 for People For People to o towards the$54,459 and some local civic organizations have Mark Panther P P g g Robyn Peoples contributed money;however, over$30,000 more still needs to be raised to cover start-up and first year Steve Piccolo operations. State and federal fund development efforts are also underway. For instance,the Washington Norm Powell Q P Y g Cathy Preston•Mouncer State Legislature just approved$1,000,000 for 2-1-t implementation in our state, and the"Calling for 2- Marilyn Quadrel I-I Act"(S211/HR896)is being considered by Congress, as well as a$750,000 earmark request for 2-1-1 MactRiPeaulRosiier in Washington State. Bud Russell lean Ryckman A.M.Sastry Your support in bringing 2-1-1 to Benton and Franklin Counties is greatly needed. We would appreciate Mike Schlender eanie the City of Pasco's consideration of this $1.0,000 request in part or in full. Any funding that could be JRene Vasquez directed to this community-wide 2-1-1 effort may be sent to our United Way or directly to People For Kris Watkins People at 302 W. Lincoln Avenue in Yakima, WA 98902. If you have an questions, lease contact me at Rod Witherspoon P � Y Y q �P Mickey Witherspoon 509-783-4102 or by e-mail atbweber@—uni dway-bfco.com. Thank you for your consideration. Joe Wondrack Todd Young Sin= I , B President ever y Web LLr "= r _ .�. . "& rte=k:'. . . .. United of Benton • / Counties . r xi NINE': United Way 509.783.4102 tel 509.735.7403 fax 401 N.Young 5t. Kennewick.WA 99336 www.unitedway-bfco.com what matters:M November 8,2005 Mr.Garr Crut&fteld,City Manager Execudw committee B.Sue Kuntz,Board Chalr City of Pasco with Anderson P,Q,Box 293 Christine grown JoelEatker Pasco,WA 99301 Ken HohBnberg uernle Laverentt Len Peters 1m Gxy: Chris Powers Jim Sanders Thank you for the opportunity to speak with you this morning about the possible support of 2-1-1 by the Willie Stone City of Pasco_ On behalf of People For People, our region's designated 2-1-1 Call Center,United Way of BeverlyWehe+,+'resident Bentou and Franklin Counties is requesting$10,000 in financial assistance from the ON of Pasco to 114mrd Members bring the 2-1-1 telephone nfortnation and referral system to Bent=wtd Franklin Counties in Febrnairy PrankArmijo Ed Alomr 2006- Lee Ashpan Laura Lee Bsrry You are well aware of the numerous benefits that 2-1-1 can provide to a community, And you know that Gordon Becther Cithene Bell m tho washingtoo Information Network 2-1-1, a not-for-profit 501(c)(3)corporation,was charged by the Amy Cruz State Legislature to lead the effort to establish 2-1-1 services in Washington_ People For People;a JOhn Darringt4n multifaceted not-for-profit human service organization in YBkirna Rl4h Emery,has been designated by WIN 2-1-1 as Barbara French-Nonrls the Greater Columbia Region's 2-1-1 Call Center. People For People's estimated startup costs are Sandy PrKW $113,400 to launch 2-1-1 in the first 5 counties of the 12-county region(Benton,Franklin,Walla Walla, earRob tA t Yakima and Kittitas).Thte first year operating costs are estimated to be an additional$314,000,making a geckyGauthier total of$427,000 for combined startup nd first ear. operating costs_ It is estimated that one-third of the Connie G uisple p y p g Doug Haack funding will come from the federal govemament,one-third ftom the stare and one-third from local Bob Hammond Heck communities through donations,grants,private dollars and United Ways. Jim Henschel Rebecca Holtand Angie Holt At the federal level,the"Calling for 2-1-1 Act"(S21 14M896)is being considered by Congress,as well 2einna Maine Jackson as a 5750,000 earmark request for 2-1-1 in Washington State. The Washington State Legislature,just F3arharaJohnson approved$1,000,000 in capital ftmds in order to implement 2-1-1 in our state- Also, diligent efforts are Kris Johnson Carol Krueger currently underway throughout the state to encourage Governor Gregoire and the Legislators to support Paul Kruger the inclusion of additional ftllrndin in the budget to cover ort m o ons of 2-1-1. Bill Lampson g � �' � 1� Jim MNlbauer Alex Maim Locally,Benton and Franklin Counties'portion of this$427,000(startup and fast year),based on the Ma P°* three-way federal,state and local split and on the estimated population of our bi-Bounties relative to the Robyn Peoples Steve Piccolo total five-county area(381%),is$54,459_ The fallowing outlines the funds that have been raised to date Sstorm Powell ]- oux bt�4lnty (ashy Preston-MOu dret Submitted Peadin� Marilyn nwebei Matt Riesenweber United Way of Benton and Franklin.Counties $20,000 Paul Roster Bud Ru9Bel( ITWBFC Donor Designations 1,187 Jean Ryckrnan City of Kennewick 10,000 $5,000 laaaltit5 l f that l a. a�a A.MJ ssstry 750 if Watnhod b9�luwJ hike Schlender Heenan Services Coalition Jeanie Schwier Pasco Kiwanis Club 500 gp—=rrentallo-ieipalities) Rene Vasquez Kennewick Kiwanis Club 500 Rod Watkins d Rod Webrin& Columbia Center Rotary Club - 500 Mickey Withem OGn Joe Woedrack Tots]To Date $33,437 Todd Young lAcal Goal 54,459 Balance Needed $21,022 Un'ted Way of Benton and Franklin Countios Z0'd 20:6 SOOZ 6 AON SOOZS2�_60S:Xpj fipm Pa4lun people For People(2-1-1 Call Center)has projected that its budget for second year operations would be increase froth.$314,000 to$325,000 based on semtxg the same 5 counties,8 hours per day and 5 days per week. These costs are based on evening and weekend services being directed to a call center on the west side of the state. Ideally,however,People For people's plan,as well as the State of Washington's plan, is that services would expand the second year to serve the other 7 counties of the Greater Columbia 2-1-1 Region(A,darns,Chelan,Dougla-%Grant,Lincoln,Okanagon and Kliekitat). Additionally,People For People's 2-1-1 Call Center would expand their services to a 24/71365 operation. The estimated budget for this Scenario is$870,000 for the second year_ Fund development efforts at the state and federal level are focused upon swurilig ongoing funding at a level that will support all 8 call centers serving our stile's entire population. Incidentally,all S centers will be networked and will utilize the same database software system. Washington will be the first state in the nation to have this capability. Your support in bringing 2-1-1 to Benton and Franklin Counties is greatly needed. We would appreciate the City of Pasco's consideration of this$10,000 request im part or in full.Airy amount over$5,000 will qualify us to draw down the$5,004 match monies available through the City of Kennewick. Although our United Way is playing an active tole in educating the community about 2-1-1 and seeking local financial assistance,any ftmding that is raised from local governmental and municipality sources will all go to People For People,in Yakima.If you have any questions,please contact me at 509-783-4102 or by email at weber -tedw -bfco.com- Tf you would like to contact People For People,Marilyn Mason- Plunkett is the Chief Executive Officer. Her telephone number is 509-248-$726 and her email address is ltlrttp�Rf R-'O Tank you for your consideration. Sinoerely, leverly We r President 2 20'd 20:6 SOOL 6 noN SOOZSi16OS:xeJ fiPM paTtuO unftdway-mms United irr • Corirr�rd fetAnswe�. woe rsorcf United way of Reoton and Franklin CountIR5 Service Provider Forum Thursday, December 1 , 2000 , 8:30 to 11 :30 A.M. .r . United Way of Benton and Franklin Counties 491 N- Young Street p ` - Kennewick, WA 99336 L. v4 k x. Phone. 509-7$3- 192 ; a J. - Agenda Join us in recognizing local 2-1-1 contributors IE Meet the 2-1-1 Call Center staff from People For People See how the 2-1-1 system will work M observe a demonstration of 2-1-1 service delivery IM Make sure your organization's information is in the 2-1-1 database 'M Hear national, state, and regional 2-1-1 updates 2T Discuss preparations for the February 2006 roll out of 2-1-1 Please RSVP to mcurtis@unitedway-bfco.com —..:___-_..�.-._. �... .. ... - —�------ .. :• .,_. ?a'. .. •.�._—ice...:::.•..,,... .-..:. .. ::. . b0'd V0:6 S00Z 6 AON _ SOOZS�l60S:Xe� fiem paitum - AGENDA REPORT NO. 89 FOR: City Council Date: November 9, 2005 TO: Gary Crutchfi ty Manager Workshop: 11/ 14/05 Regular: 11/21/05 FROM: Richard J. Sm N�th, r ector Community & Economic Development Cruz Gonzalez, Urban Development Coordinator C-067 SUBJECT: 2006 HOME Fund Allocation I. REFERENCE(S}: A. Resolution allocating 2006 HOME funds. Il. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 11/14/05 DISCUSSION 11/21/05: MOTION: I move to approve Resolution No. allocating 2006 HOME funds. III. FISCAL IMPACT $209,876 Federal HOME funds. IV. HISTORY AND FACTS BRIEF: A. Pasco entered into a HOME Consortium Agreement with Richland and Kennewick in 1995 making the City eligible for Federal HOME funds. In April 2005, this Agreement was extended to 2007. B. The Redevelopment Strategy Plan, accepted by Council in 2004, recommended that assistance programs be concentrated in two neighborhoods in the vicinity of Longfellow School and the Franklin County Historical Museum. C. On November 7, 2005 City Council authorized a Professional Services Agreement with Creative Housing Solutions to administer a housing rehabilitation and down payment assistance program in those neighborhoods, for an amount not to exceed $695,000. D. In 2006 Pasco is expected to receive funds totaling $209,876. Staff is recommending that these funds be used for housing rehab and down payment assistance for home buyers in the Longfellow and Museum area. It is expected that $159,876 would be used for the rehab of approximately seven homes. The remaining $50,000 would be used for down payment assistance ($159,876 rehab and $50,000 down = $209,876 total allocation). 3(e) Reference A RESOLUTION NO. A RESOLUTION ALLOCATING ESTIMATED 2006 FEDERAL HOME FUNDS. WHEREAS, the City of Pasco entered into an Agreement with Kennewick and Richland in 2004 continuing participation in a Consortium originally formed in 1996 under the Home Investments Partnership(HOME)Program; and WHEREAS, the Consortium allows the three cities to be eligible for federal HOME funds; and WHEREAS, it is estimated that the City of Pasco will receive $209,876 federal HOME funds in 2006;Now, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1. The City Council allocate 2006 HOME funds in the following manner: $159,876 for housing rehabilitation and$50,000 for down payment assistance. PASSED by the City Council of the City of Pasco this day of , 2004. CITY OF PASCO: Michael L. Garrison Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Kerr Deputy City Clerk City Attorney AGENDA REPORT NO. 87 FOR: City Council Date: November 9, 2005 TO: Gary Crutchfie Manager Workshop: 11/14/05 Regular: 11/21/05 FROM: Richard J. Smi , irector Community 8. conomic Development Cruz Gonzalez, Urban Development Coordinator (f4 SUBJECT: Appropriation of HOME Program Funds I. REFERENCE(S): A. Resolution Appropriating HOME Funds to purchase Vacant Lots. B. Map 1I. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 11/14/05 DISCUSSION 11/21/05: MOTION: I move to approve Resolution No. appropriating HOME Funds to purchase two vacant lots on South 51h Avenue. III. FISCAL IMPACT $50,000 Federal HOME funds. IV. HISTORY AND FACTS BRIEF: A. As of June of 2005, the City had approximately $856,000 available in HOME funds and program income from the sale of homes in the Henry Street project. B. At the October 17, 2005 meeting City Council approved CHDO award to La Clinica in the amount of $101,907. C. On November 7, 2005 City Council approved entering into a Professional Services Agreement with Creative Housing Solutions to administer a housing rehabilitation and down payment assistance program in those neighborhoods, for an amount not to exceed $695,000. D. Two lots near 51h & Ainsworth (near new overpass) have become available and are proposed for purchase to develop two low income housing units. After the purchase of the properties the City would contract with a not-for-profit company to build these homes. The City Council would select the specific non-profit in a separate action. E. In order to purchase the lots, the City Council must first appropriate the necessary funds from the HOME program. 3(f) i i i i 1 I i I i i Reference A RESOLUTION NO. A RESOLUTION ALLOCATING HOME FUNDS FOR THE PURCHASE OF TWO VACANT LOTS ON 5TH AVENUE. WHEREAS, the City of Pasco entered into an Agreement with Kennewick and Richland in 2004 continuing participation in a Consortium originally formed in 1996 under the Home Investments Partnership (HOME)Program; and WHEREAS, the Consortium allows the three cities to be eligible for federal HOME funds; and WHEREAS, the City is in need of an increased supply affordable housing to promote home-ownership; and WHEREAS, the City desires to enhance its tax base; and WHEREAS, the City staff has identified two vacant lots suitable for the development of affordable housing;Now,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: Section 1. The City Council appropriate HOME funds for an amount not to exceed $50,000 to purchase two vacant lots located on S. 5`h Avenue. PASSED by the City Council of the City of Pasco this day of , 2004. CITY OF PASCO: Michael L. Garrison Mayor ATTEST: APPROVED AS TO FORM: Sandy L. Kenworthy Leland B. Ken Deputy City Clerk City Attorney REFERENCE B W. "C ST c� Lo .4I.N S �o ST AGENDA REPORT NO. 88 FOR: City Council Date: 11/9/2005 TO: Gary Crutchfie it Manager Workshop: 11/14/05 Regular: 11/21/05 FROM: Richard J. Sm h, Director Community& Economic Development Cruz R. Gonzalez, Urban Development Coordinator SUBJECT: Purchase of Property located at 5`h & Ainsworth 1. REFERENCE(S): A. Real Estate Purchase and Sale Agreement Il. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: I1/14/05 DISCUSSION 11/21/05: MOTION: I move to approve the purchase of parcel #112-383-458 & #112- 383-460 and, further, authorize the City Manager to execute all documents necessary to effect the purchase. III. FISCAL IMPACT Approximately $50,000 IV. HISTORY AND FACTS BRIEF: A. For the past several months, staff has been negotiating with the owner of parcel #112-383-458 &#112-383-460 to acquire the property. V. DISCUSSION: A. The owner has agreed to sell for a total of $47,500, representing the full value established by a certified appraiser. The city, as buyer, will be responsible for all closing costs as well as the environmental review to assure a"clean" site. B. The Real Estate Purchase and Sale Agreement lists three major contingencies, the first being approval of purchase by City Council, second a clean environmental assessment, and third, approval of HUD for use of HOME funds. C. Staff recommends approval of the purchase agreement. 3(g) REAL ESTATE PURCHASE AND SALE AGREEMENT (Please read carefully before signing) Pasco, Washington October 27, 2005 Received from City of Pasco (Buyer) the sum of$1,000 in the form of a certified check, which will be deposited with Cascade Title Company by John & Nora Merk (Seller) within ten (10) days after mutual acceptance. The earnest money will be applied as a credit to Buyer on the closing of this transaction. The Property to be sold in this transaction is shown on the map marked Exhibit "A" and by this reference is made a part of this Agreement. Subject properties are located in the City of Pasco corporate boundaries and consists of parcel #'s 112-383-458 & 112-383-460. 1. PURCHASE PRICE: The total price shall be Forty Seven Thousand Five Hundred Dollars ($47,500). Purchase price shall be paid, on closing, including earnest money. 2. CONTINGENCIES: Contingencies to be satisfied prior to closing are: A. Within 60 days of execution of this Agreement, the City Council shall formally approve the purchase of subject properties; and B. Within 60 days of the execution of this Agreement, the Buyer shall perform an environmental assessment of the subject properties. Both properties environmental assessment must be satisfactory to the City; and C. Within 60 days of the execution of this Agreement, HUD shall formally approve the use of federal HOME funds for the purchase of these properties. Failure to satisfy the above contingencies, in the times specified, shall result in the termination of this Agreement unless an extension of time is mutually agreed upon by the parties. In the event the Agreement is terminated due to failure to satisfy Contingency A, B, or C the full $1,000 earnest money deposit shall be returned to the Buyer within thirty (30) days. 3. TITLE: Title to the property shall be marketable at closing. Rights, reservations, covenants, conditions and restrictions presently of record or of apparent use, easements and encroachments of record or apparent use, not materially affecting the value of the property or unduly interfering with Buyer's intended use of the property shall not cause the title to be considered unmarketable. Additionally, the property is subject to the standard policy printed exceptions of Cascade Title Company, and the encumbrances, if any, retained by Seller for security as set forth in this Agreement. Buyer accepts the property subject to all easements and encroachments of record or of apparent use, including, but not limited to, easements granted to or retained or held by public utilities or governmental entities, and subject to restrictions and reservations of the supply of water and water rights and future assessments thereof. Buyer shall conclusively be deemed to have accepted the condition of title unless Seller receives notice of Buyer's objections within seven (7) days after preliminary commitment for title insurance is received by and made available to Buyer. 4. TITLE INSURANCE: The parties authorize the closing agent, at Seller's expense, to apply for a standard form owner's policy of title insurance to Page 1 of 1 2005-10 REPS Agreement-Jahn and Nara Merk 10-27-0511/7/2005 4:43:00 PM be issued by Cascade Title Company. The title insurance shall contain no exceptions other than those contained in said standard form, those referred to in this Agreement, those accepted by Buyer, and those not inconsistent with this Agreement. It title is not so insurable and cannot be made so insurable prior to closing, Buyer may elect either to waive such encumbrances or defects and proceed with the closing, or to terminate this Agreement and receive a refund of the earnest money, at which time, this Agreement shall be at an end. Buyer acknowledges that a standard form title insurance does not insure the location of boundaries, and that an extended form if insurance is available at additional cost, with such additional cost to be borne by the Buyer. 5. CONVEYANCE: Title shall be conveyed by general warranty deed free of encumbrances and defects except those included in this Agreement or otherwise acceptable to Buyer. 6. PROPERTY CONDITIONS: Seller represents for Buyer's benefit that, to the Seller's best knowledge (a) no Hazardous Material has been released on the Property; (b) Seller has not entered into or been subject to any consent decree, compliance order or administrative order with respect to the Release of any Hazardous material affecting the Property; (c) Seller has not received any demand letter, compliance, or administrative inquiry concerning the Release or Threat of Release of any hazardous Material affecting the property; and (d) Seller has not been subject to or threatened with any government or citizen enforcement actions with respect to the Release of any Hazardous Material affecting the Property. 7. CLOSING: This sale shall be closed by Cascade Title Company. Closing shall occur within ten (10) days after satisfaction or waiver of all contingencies identified in Paragraph 2 above. "Closing" means the date on which all documents are recorded and the sale proceeds are available to Seller. Buyer and Seller shall deposit with closing agent all documents and monies required to complete this sale in accordance with this Agreement. 8. CLOSING COSTS AND PRORATIONS: Seller shall pay all customary and usual closing costs paid by Sellers of Real Estate in Franklin County, Washington, including title insurance premiums, excise tax, survey fees to establish the legal description and the property boundaries, one-half of document preparation, one-half of the escrow fees, and pro-ratable items. Buyer shall pay all customary and usual closing costs paid by Buyers of Real Estate in Franklin County, Washington, including recording fees, one-half of document preparation, one-half of escrow fees, sales or use tax, and pro-ratable items. 9. POSSESSION: Buyer shall be entitled to possession on closing. 10. ASSIGNMENT: Buyer may assign Buyer's right, title and interest in and to this Agreement without Seller's consent to any entity for the purpose of taking title to the property; provided that (i) Buyer shall remain liable for all unperformed obligations and unsatisfied liabilities of Buyer's assignee under this Agreement and (ii) Buyer delivers notice of Buyer's assignment no later than one (1) week prior to Closing. For purposes of this paragraph, "control" shall mean the power to direct the management of such entity through voting rights, ownership or contractual obligations. 11. AGENCY DISCLOSURE: At the signing of this Agreement, Buyer is represented by itself and the Seller is represented by itself. Buyer will be solely responsible for the payment of any real estate commission, which may be due. Page 2 of 2 2005-10 REPS Agreement-John and Nora Merk 10-27-0511/7/2005 4:43:00 PM 12. FIRPTA COMPLIANCE: This sale may be subject to the withholding and reporting requirements of the Foreign Investment in Real Property Tax Act (FIRPTA), unless Seller furnishes to Buyer an affidavit of non-foreign status. Seller and Buyer agree to comply with FIRPTA, if applicable. 13. NOTICES: Unless otherwise specified in this Agreement, any and all notices required to be given under this Agreement must be given in writing. Notices to Seller must be signed by the Buyer and shall be deemed to be given when actually received by or at the address of the Seller. Notices to Buyer must be signed by Seller and shall be deemed to be given when actually received by or at the address of the Buyer. 14. COMPUTATION OF TIME: Unless otherwise expressly specified herein, any period of time specified in this Agreement shall expire at 5:00 p.m. of the specified period of time, unless the last day is Saturday, Sunday or a legal holiday, as prescribed in RCW 1.16.050, in which event the specified period of time shall expire at 5:00 p.m. of the next business day. Any specified period of seven (7) days or less shall include business days only. 15. DEFAULTITERMINATION: In the event Buyer fails, without legal excuse, to complete the purchase of the property then the earnest money shall be forfeited to Seller as liquidated damages in full satisfaction of any and all claims which Seller may have arising as a result of the Buyer's failure to purchase. Buyer Seller Seller 16. GENERAL PROVISION: Time is of the essence. There are no verbal agreements which modify this Agreement. This Agreement constitutes the full understanding between Seller and Buyer. Buyer has personally observed the property and has reached Buyer's own conclusion as to the adequacy and acceptability of the property based upon such personal inspection. Unless otherwise expressly specified herein, square footage, dimensions and/or boundaries used in marketing the property are understood to be approximations and are not intended to be relied upon to determine the fitness or value of the property. 17. LEGAL AND TAX IMPLICATIONS: This agreement affects your legal rights and obligations and will have tax implications. If you have any questions regarding this Agreement and the addendums, attachments or other related documents, you should consult an attorney or tax advisor. Further, if a dispute arises regarding this transaction, the prevailing party shall recover costs and reasonable attorney's fees, including those for appeals. 18. FACIMILE TRANSMISSION: Facsimile transmissions of any signed original document and re-transmission of any signed transmission shall be the same as transmission of any original. At the request of either party or closing agent, the parties will confirm facsimile transmitted signatures by signing the original document. 19. CONDITION OF PROPERTY REPRESENTATION: Buyer has inspected the subject property in this transaction, and is familiar with the condition of all property, which is the object of this Agreement. Buyer accepts and agrees to purchase the property, which is the object of this Agreement in its present condition, "as is", without reliance upon any representation made by Seller as to the condition or suitability of said property. There are no warranties, express or implied, which are the object of this offer beyond the description of the face hereof. Seller has made no representations regarding the condition or suitability for any Page 3 of 3 2005-10 REPS Agreement-John and Nora Merk 10-27-0511/7/2005 4:43:00 PM purpose of the land or installation of utilities which are the object of this transaction, except as provided in Paragraph 6 hereof. Buyer is relying solely on his own judgment in entering into this Agreement. 20. ENTIRE AGREEMENT: This document constitutes the entire agreement of the parties. There are no verbal or other agreements which modify or alter this agreement. Buyer and Seller further agree that they have read and understand all of the contents of this Real Estate Purchase and Sale Agreement. 21. ATTORNEYS' FEES. If either party is required to bring any action or otherwise refer this Agreement to an attorney for the enforcement of any of the covenants, terms or provisions set forth herein the prevailing party, in addition to all other remedies provided herein, shall receive from the other party all the costs, including without limitation reasonable attorneys' fees and expert witness fees and expenses, incurred in the enforcement of the covenants, terms and provisions of this Agreement (whether or not an action is instituted) and including without limitation any such costs and fees incurred in any declaratory action, arbitration and on any appeal or in any bankruptcy proceeding. 22. GOVERNING LAW; VENUE. The laws of the state of Washington shall govern the validity, enforcement, and interpretation of this Agreement. Any dispute or cause of action under this Agreement shall be resolved in the Franklin County Superior Court in the State of Washington. OFFER TO PURCHASE: Seller offers to sell the property on the above terms and conditions. Buyer shall have until 5:00 p.m. on November 31 2005 to accept this offer, unless sooner withdrawn. Acceptance by Buyer shall not be effective until a signed copy hereof is actually received by Seller. If this offer is not so accepted, it shall lapse. SELLER: John & Nora Merk By: John Merk Nora Merk Approved as to Form: By: Leland B. Kerr, City Attorney ACCEPTANCE: On this date, , 2004 Buyer agrees to buy the property on the terms and conditions set forth in this Agreement. BUYER: City of Pasco By: Gary Crutchfield, City Manager PO Box 293 Pasco, WA 99301 509-545-3404 Page 4 of 4 2005-10 REPS Agreement-John and(Vora Merk 10-27-0511/9/2005 3:23:00 PM Exhibit A w. "C ST w w > LO INS ST AGENDA REPORT NO. 41 FOR: City Council DATE: 11/10/05 TO: Gary Crutchfi Manager Workshop: 11/14/05 FROM: Robert J. Albe 1i eor,Public Works SUBJECT: Street Light Installations I. REFERENCES): 1. Lighting Status Map II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 11/14: Discussion III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A commitment for annexation to be made by the City years ago to the residents west of SR395 was not to change the rural atmosphere of their neighborhoods. Specifically, not to require curb and gutters, sidewalks, or street lights. Over time, several residents have requested street lights, particularly at street intersections due to safety concerns. The City, at the request of residents, installed street lights at street intersections one request at a time. The street lights on Sylvester Street between Road 32 and Road 52, as an example, have been installed one at a time due to the request of residents over a period of years. The staff has received complaints about night lighting in general throughout the neighborhoods north of Court Street between Road 32 and Road 44. The concern is not being able to see pedestrians at night. To address this concern, a more comprehensive review was needed to be taken recognizing that installing street lights in a neighborhood may be in conflict with the City's commitment. If street lights are installed, staff would recommend that only intersections be lit to be consistent with past practice. Staff reviewed the area and has identified existing power poles that street lights could be attached to. The cost to install the lights would be $230 each. The exhibit shows 30 poles that could accommodate street lights in conformance to current practice. There is one light near Mark Twain School that is not at an intersection but would improve the safety near the north parking lot. The total cost as shown on the exhibit would be $6,900. The City would then pay the normal annual charge consistent with the O & M cost of street lights. Staff believes that installation of the lights would improve safety at a moderate cost. Staff would recommend proceeding with the request with Council concurrence. V. ADMINISTRATIVE ROUTING Project File 3(h) 9 cvoa ;�•- i 1 I ii !■i 1F a ma ac am ae awn ` '• � i 1 ii ! II !Gl ji I I g i IE !� if A I i ! I _..._..! _-.1L_J L -JL_._. Va. � e aeon arfaw 3 I ii 4 IGi 'iG' = t 1 ----- r¢aa I `- I st awn I . i f ! 9c am sr Duce x w[ ! G W am : le ss as IOOHOS NIVAU>I*dVW C) M ar avoa -os awn w ! ar I IG I sl I w z a! I F J ; I f j I i O uri ua~i e I I 1 { O z w w a; C13 CO LL O o O 0 z,avae m awv +•- d lL LU I N G. O i U z z w ! aCL f uXi � J iii : Gi iGl ! a + ;I i -- _..-----.._..__._.�.-------..� .._..._._._. wawa AGENDA REPORT NO. 40 FOR: City Council DATE: 11/9/05 TO: Gary Crutch i Manager Workshop: 11/14/05 FROM: Robert J. Alberts, Director,Public Works SUBJECT: SR 39"j"treet Pedestrian Overpass Crossing I. REFERENCE(S): 1. Bid Tabulation H. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 11 114: Discussion III. FISCAL IMPACT: Arterial Street Fund IV. HISTORY AND FACTS BRIEF: On October 26, 2005, staff opened bids for the SR395 Court Street Pedestrian Overpass Crossing, for the second time. Staff received four(4) bids, one of which was non-responsive, leaving three (3)qualifying bids. The low bid was $799,048.20 including applicable taxes, submitted by Ray Poland & Sons. The second lowest bid was submitted by C.A. Carey Construction in the amount of $910,500. The Engineer's estimate prepared by HDR Engineering is $517,320.84. Council may recall that the project was identified in 2002. At that time,the cost was estimated at between $400,000 - $500,000. In June 2005, the project was bid and rejected, yet authorized to be rebid at a later time with the understanding that the project would be deferred to 2006. Budget was raised to $610,000 to accommodate anticipated cost increases. The purpose of this project is to add better pedestrian access across SR395 at Court Street. Although one could argue that the responsibility of this project is that of the WSDOT, the City has been willing to take on the project to ensure better pedestrian access and pedestrian safety. City currently has spent $83,505 for design services and would anticipate an additional $50,000 for construction inspection. Based on the bids, staff has a hard time justifying the cost for this. Unless Council wants to bear the full cost burden of this project (nearly$1 million), staff recommends the bids be rejected again and pursue funding assistance from the State (about$400,000 would solve the problem). V. ADMINISTRATIVE ROUTING Project File 3(i) r O r C 0 0 0 0 0 0 0 0 0 m o 0 0 0 m 0 0 0 0 0 0 0 0 0 0 a °o °o °o �°nv°, °o °o °ov°z °n Z EQ- V) F!suq000 a [a6�9 � ao° o 0 0 " "' O 69 �y U a W3 o z � 000 � oCD Q W O O a O O O O O O O 10 tn 0 3 z O o 0 0 0 0° oo °° 0 0 F 0 0 0 0 F °° Q OO O N O N O 00 in CA 64 Vi 69 64 6�9 519 z CC O ° O O 4 O O 1=1 O U O W 0 0 O O 0 0 0 O F U U N f °v 00 U n 6n v v° F cri 69 n f" 69 64 00 U U 69 O Ln N a 0 0 0 C'4 N O O O N N 0 0 1-- 00 o o r O0 N F f V m 000 h O F N M 00 � 0 z. O CN O� O 1 12,m 0 f/i 64 69 69 69 64 vi fA d QO 0 0 sx7U4 ap000 � Q ° oon QC 0 U o M 0w0 n V N M 000 10 Q, X o ° G 6�9 69 bM9 � 6�9 69 5m4 En m U 77ww 94 W 0 0 0 °o °o > 0 c ° R, °o O F °p °oc ° °o ° car. OF OOQ O 61) s� eq in �" d Lazes . c4 � z � U O ° ° ° o CY O ° ° ° o WU °o °° , Q° ° U °oo° °o °° 0 o v v F o oN o z 0000 � o � � S � 609 604 6o9 609 N Obi N O N W M 0 m O M 6009 en N uj a � 64 C'.1 6�9 W5 W E. m W O O bay Cti it 7k W x z Q o 0 0 o Q O o o Wds 69 64 69 O p 69 0o c4 Q' 66 '*Qj7i a � a a z z o � a � a W o ° 0 U W c, v d h a M a x a a x Q (fj a w a 04 za o O O O a Q o z z 0 0 Q ° F U F a U � m u E� W �UUOm W w w O C] a � AGENDA REPORT FOR: City Council November 10, 2005 TO: Gary Crutchfi y anager Workshop: 11/14/05 FROM: Elden Buerkle, anagement Assistant SUBJECT: Council Chamber Audio and Video Systems I. REFERENCES: A. Advanced Broadcast Solutions Proposal B. Professional Video &Audio, Inc. Proposal (References in Council packets only; copy available for public review in City Manager's office) IL ACTION REQUESTED OF COUNCIL: 11/14: Discussion I1Q. FISCAL IMPACT: Approximately $68,000 to install a video system and update the audio system in the Council Chambers. IV. HISTORY AND FACTS BRIEF: A. Council directed staff to develop an estimate of the cost to install equipment to broadcast meetings of the City Council and boards and commissions over the Charter cable TV system. Staff suggested that it would make sense to look at updating the Council Chamber audio system at the same time. B. Staff solicited proposals from two audio/video firms recommended by those with knowledge of the field. The two firms were Advanced Broadcast Solutions (ABS) of SeaTac and Professional Video & Tape, Inc. (Professional) of Tigard, Oregon. Their proposals are included in the Council packet. The ABS proposal is $68,500. The proposal from Professional comes to $71,271. V. DISCUSSION: A. Advanced Broadcast Solutions (ABS), $68,500 VIDEO: The ABS proposal appears to include everything we need for live cablecast of council and board and commission meetings and to record them for automated playback over the cable system on a predetermined schedule. It includes Hitachi 800 line cameras. Given a few weeks notice to get the equipment from the manufacturers, ABS will demonstrate two classes of cameras for us. That appears to be worth doing as the 800 line Hitachi cameras cost around $2,200 as against a price of around $300 for 480 line cameras. AUDIO: Their proposal for the audio system is to replace our microphones and all the table-top equipment with Sennheiser equipment, leaving the amplifier and all the other equipment in the back closet in place. Also, included is equipment to digitally record and reproduce audio recordings of meetings on CD and copy them to cassette tapes. (A cassette tape system may not be necessary.) ABS has been more responsive to our requests for information and to revising equipment in their proposal based on our needs as they were refined. i 3(j) B. Professional Video &Tape, Inc. (Professional), $71, 271 Professional was asked to revise the proposal they gave us October 6. So far, they have not done so. VIDEO: Their October 6 proposal includes JVC remote controlled pan and tilt cameras (800 lines). They were told we wanted fixed cameras, but they haven't revised their proposal. Also, JVC is an expensive, very high quality camera. They were asked to include the less expensive Hitachi cameras, but the proposal has not been revised to include them. It appears that the other equipment for the video system in their proposal will meet our needs. AUDIO: As with the ABS proposal, Professional is proposing replacing the microphones and table-top equipment with Sennheiser equipment, leaving our current amplifier, etc. in place. They do not include in the audio portion of their proposal equipment for making digital audio recordings (CD's) of meetings. C: References: References for both firms were checked and we received excellent reports on both. Professional Video &Tape has been in business longer and may have a little better reputation. D. Recommendation: The Advanced Broadcast Solutions proposal includes a lower cost and they have been more customer oriented and responsive to our needs, therefore it is recommended that the ABS proposal be accepted. With Council concurrence, staff will develop a formal agreement for Council approval. AGENDA REPORT FOR: City Council November 9, 2005 FROM: Gary Crutchfi 1 anager Workshop Mtg.: 11/14/05 Regular Mtg.: 11/21/05 SUBJECT: Agreement for gislative Consultant Services I. REFERENCE(S): 1. Proposed Agreement II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 11/14: Discussion 11/21: MOTION: I move to approve the agreement for legislative consultant services with Smith Ailing Lane, P.S. and, further, authorize the City Manager to sign the agreement. III. FISCAL IMPACT: $12,000 IV. HISTORY AND FACTS BRIEF: A) The city has used the services of Smith Ailing Lane for legislative consultant services over the past two legislative sessions to advance its interest regarding funding for the Ainsworth Overpass and the legislative correction necessary with regard to joint housing authorities. The consultant services agreement proved effective in assisting the city and the Port in obtaining full funding for the Ainsworth Overpass project in the 2004 session. The consultant has also been helpful in making progress regarding the legislative changes necessary to fix the joint housing authority statute. V. DISCUSSION: A) Given the tremendous financial success associated with the use of the consultant services agreement over the past two years (the Ainsworth Project received $5.2 million in state funding assistance), use of the consultant services agreement is strongly recommended for the 2006 legislative session. Not only should the city make further progress regarding the housing authority issue, the Road 100 interchange project requires about $1 million in funding assistance from the state Department of Transportation (and the pedestrian overpass may require it as well). While there is no guarantee that the legislative consultant will assure success in one's legislative endeavors, it substantially improves the city's opportunity to do so. Consequently, staff urges Council's approval of a successor agreement for legislative services. 3(k) 10127;05 13:86 FAX 233 627 0123 SMITE ALLING UN Z003 E I I CITY PF PASCO AGREEMENT FOR SERVICES This Agreement for Services(Agreement)is between the City of Pasco, Washington (City) and Smith Alling Lane,P.S.,a Tar Ima law firm(Contractor). i AGREEMENT: SCOPE OF SERVICES A. The Contractor shall provide to the City the following services: 1) Contractor shall advise and assist in planning state legislative information and lobbying efforts for the City during the terms of this contract 2) Contract shall monitor specific state legislation designated by the City, relevant legislative committees, state agencies, rule making, and the activities of appropriate interest groups which pertain to the stated interests, goals and objectives of the City. Contractor shall identify opportune es in a timely manner for City staff and elected officials to testify before legislative committees and subcommittees with respect to proposed legislation; shall communicate such opportunities to the City; shall assist in preparation of testimony to be given;shall prepare witnesses as requested and testify on behalf of the City when zeq ested. 3) Contractor shall represent the City on legislative objectives as directed by the City Manager with members of the Washington State Legislature, the Governor's office, appropriate Iegislative committees, state agencies and legislative staff. In addition, Contractor shall maintain effective liaison with major public interest groups and coalitions, including, but not limited to, the Association of Washington Cities. 4) During the legislative session, Contractor shall provide the City with oral activity reports, weekly, or more frequently as needed. At least semi-monthly du7ng session, the Contractor shall provide a written update of the stags of proposed legislation of particular interest to the City. At other times, written reports will be provided as requested,by the City. I f I 10/27/05 13:56 FAX 253 627 0123 SMITH ALLING LAN Q004 5) Contractor will assist in the drafting, revising and obtaining sponsors for bills and bill amendments requested by the City, Additionally,the Contractor will work to obtain necessary support on bills by scheduling meetings with legislators, legislative staff, and others on legislation of interest to the City. 6) Contractor will meet, communicate and work with City staff, as necessary, to insure that specific technical issues are elcarly and appropriately delineated and articulated. 2. COMPENSATION The Contractor shall receive a flat fee inclusive of expenses each month as shown below,unless extraordinary expenses are necessitated, in which case the Contractor shall obtain prior approval firm the City. Such expenses must be approved by the City Manager, and shall not exceed $500.00 total for the term of this contract. This fee is calculated,based on an anticipated work load and an appropriate hourly rate of $100/how. Should the Contractor expend less time working on behalf of the City than is established by the flat inclusive fee, the City will be charged the lesser per hour rate. Under no circumstances will the City be billed greater than the flat fee rate/month, except that the parties may amend the contract to provide for additional campeasation if extraordinary issues arise that will require significantly more work than contemplated herein. Billing shall be as follows: Stated monthly: November-December 2005 S 1,5001mo. January-Match 2006 $2,5001mo. April 2006 $1,500 3, Bii LING AND PAYMENT PROCEDURE On or before the 15th day of each month, Contractor shall submit to the City a request for monthly payment for;work performed during the previous month,which shall be processed by the City in the normal course. 4_ EFFECTIVE AND TERh'ENNATION DATES A. 11is Agreement shall be effective as of November 1,2005 through Apri130, 2006_ B. This Agreement may be extended by mutual written agreement of the Contractor and the City. . 2 10/27/05 13:56 FAX 253 627 0123 SMITH ALLING LAN 2005 5, EARLY TERMINATION OF AGREEMENT A. The City and Contractor;Iby matual written agreement, may terminate this Agreement at any time. I! 13. The City, on thirty(30) days written notice to the Contractor,may terminate this Agreement for any reason deemed appropriate in its sole discretion of the City. C. Either the City or the Contractor may terminate this Agreement in the event of a breach of the Agreement by tl►e other. Prior to such termination, however, the party seeking the termination shall give to the other party written notice of the breac and of the partys intent to terminate. If the party has not entirely cured the breach within fifteen (15) days of the notice, then the party giving the notice may terminate the Agreement at any time thereafter by giving a writien notice of termination. 6. PAYMENT ON EARLY TERAI AT1ON In the event of termination underlisection 5 hereof; the City shall pay the Contractor for work performed in accordance with the Agreement prior to the termination date. 7. CITY PROJECT MANAGER A. The City Project Managed shall be designated by the City Manager. B. The Project Manager is authorized to approve work and billings hereunder, to give notices referred'to herein, to terminate this Agreement as provided herein, and to carry out a�,�other actions referred to herein. 1- 8. COMPLIANCE WITH LAWS In connection with its activities Ler this Agreement,Contractor shall comply with all applicable federal,state,and local laws and regulations. if 9. MARMNANCE OF RECORDS The Contractor shall maintain records on a current basis to support its billings to the City. The City or its authorized�representative shall have the authority to inspect, audit, and copy on reasonable' I otice and from time to time any records of the Contractor regarding its billings or its work hereunder. The Contractor shall retain these records for inspection, audit and copying for three years from the date of completion or termination of thin Ag eeznent ,I ; I ; i 3 I; . 10/27/05 13:58 FAX 253 627 0123 SMITH ALLING LAN 0 008 I 10. AUDIT OF PAYMENTS A, The City, either directly or through a designated representative, may audit the records of the Contractor at any time during the three (3) year period established by Section 9, ' B. If an audit discloses that payments to the Contractor were in excess of the amount to which the Contractor was entitled,then the Contractor shall May the amount of the excess to the City_ 11. INSURANCE The Consultant shall be responsible for maintaining, during the term of this Agreement and at its sole cost and expense, the types of insurance coverage and in the amounts described below, The Consultant shall furnish evidence, satisfactory to the City, of all such policies. During the term hereof, the Consultant shall take out and maintain in full force and effect the following insurance policies. A. Comprehensive public liability insurance,including automobile and property damage, insimng the City and the Consultant against loss or liability for damages for personal injury, death or property damage arising out of or in corulection with the performwice by the Consultant of its obligations hereunder, with minimum liability limits of$1,000,000.00 combined single limit for personal injury,.death or property damage in any one occurrence. B. Such workmen's compensation and other similar insurance as may be required by law. C. Professional liability ,insurance with minimum liability limits of $1,000,000.00. 12. INDEMNIMATION The Contractor shall indemnify and•hold harmless the City and its officers, agents, and employees, or any of them from any and all claims, actions, suits,liability, loss, casts, expenses, and damages of any nature.whatsoever, by any reason of or arising out of the negligent act or omission of the Contractor,its officers,agents,employees, or any of them relating to or arising out of the performance of this Agreement. If a final judgment is rendered against the City, its officers, agents, employees and/or any of them, or jointly against, the City and the Contractor and their respective officers, agents and employees,''or any of them,the Contractor shall satisfy the same to the extent that such judgment was due to the Contractor's negligent acts of omissions. 4 10!27/05 13:57 FAX 253 627 0123 �SMI1H ALLING ,L.4N 2007 i i i I 13. SUBCONTRACTING � The Contractor shall not subconf-wt�its work under this Agreement, in whole or in part, without the written approval of the City. The Contractor shall require any approved subcontractor to agree, as to the portion subcontracted, to fulfill all obligations of the Contractor as!specified ?n this Agreement. Notwithstanding City approval of a subcontractor, jthe `.Contractor shall remain obligated for full performance hereunder, and the City shall incur no obligation other than its obligations to the Contractor hereunder. i 14, ASSIGNMENT The Contractor shall not assign;this Agreement, in whole or in part, or any right or obligation hereunder,without the prior written approval of the City. 15, CONTRACTOR'S PERSONNEL! ; The Contractor shall designate Robert E_Mack as the person to perform the work set forth in this Agreement. He will b� assisted by Noah F. Reandeau. In addition, Timothy M. Schellberg may assist: The Contractor shall not designate the performance of work of this Agreement 1 another person, other than Robert E_ Mack or those persons mentioned above, without the prior written approval of the city. 16. INDEPENDENT CONTRACTOR OR STATUS A The Contractor is engaged as an; independent contractor and shall be responsible for any federal; stater, ;or local taxes and fees applicable to payments hereunder. i I. 13. The Contractor, its subcontractors; and their employees, are not employees of the City and are not eligible for;any benefits through the City, including, without limitation, health benefits, ;workers' compensation, unemployment compensation,and retirement benefits. 17. REGISTRATION AND REPOIt'1TING AS LOIBBYIST Contractor shall be responsible'for dompliance with all requirements of chapter 42.17 RCVS with regard to the aati}iities Contractor engages in pursuant to this Agreement. Except as otherwise r&giwre i!by law, the City will not register the Contractor as a lobbyist or othe e- the activities of the Contractor_ I ' I I i I I ' ! � I I ' ''I 5 10/27/05 13:57 FAX 253 627 0123 SMITH AL LING LAN X1008 1$. NOTICE I . A. Any notice provided for upder this grem ent shall be sufficient if in writing and delivered personally to /the follbwing addressee or deposited in the United States Mail,postage pI aic, certified mail, return receipt requested, addressed as follows,or to' Ch other,address as the receiving party hereafter shall specify in writing. i I If to the City f Gary Crutchfield � City Manage 525 • orth 3 Avenue P.O.Bbx 293 j Pasco,iWA 99301 If to Contractor: Ttoberi�E.Mack I Smith(Ailing Lane 1 110 Broadway Plaza,#403 Tacoma,WA 98402 I � 19. AMENDMENTS l The City and the Contractor mad`,,end th is Agreement at any time only by written amendment executed by the City and the Contractor. Any amendment that increases the amount of compensation pa;�ble to the Contractor mint be approved by the City Manager. The Project Manager may agrree to and execute any other amendment on behalf of the City. 20. AVOIDANCE OF POTENTIAL CON)H ICTS i A. It is agreed that the natere,of the jwork may result in direct conflicts of interest between the G�ty;and other clients that the Contractor may represent. currently,or in the future;l<nI these instances,the Contractor will immediately inform the City. The p�a#ies,will �gempt to identify the possibility of such instances before they oc ,The Contractor shall not advocate or promote any legislative objectives:o>i benairl of existing or potential clients that are determined by the Cityts ibe�mi corifiict with the City's legislative objectives- B. Contractor shall provide" n nOti a to the City of all current and any new clients obtained after the start of tl�e contract. Contractor will not accept new clients if doing so would create conflicts of interest for the Contractor or would otherwise impair the Contractor's ability to fully perform the obligations of this contrac LI l; i .6 i I : I 10/27/05 13:57 FAX 253 627 0123 SMITH ALLING UN X3008 i 21, COSTS TO PREVAILING In the event of such litigation ;Of other legal action, to enforce any rights, responsibilities or obligations under this A6reement, the prevailing parties shall be entitled to receive its reasonable c sts and attorneys fees. 22. APPLICABLE LAW This Agreement and the rights Pf the parties hereunder shall be governed and interpreted in accordance with th laws of the State of Washington and venue for any action hereunder shall be ieice C'oounty, State of Washington; provided, however, that it is agreed and understood that any applicable statute of limitation shall commence no later than th substantial Completion by the Consultant of the services. 23. CAPTIONS,HEADINGS AND TITLES All captions, headings or titles in the paragraphs or sections of this Agreement are inserted for convenience of re£ . ce'-anly and shall not constitute a part of this li Agreement or act as a mitation f the.scaipe of the particular paragraph or sections to which they apply. As used h , urhere appropriate, the singular shall include the plural and vice versa, and mascrtiine, eminine and neuter' expressions shall be g mterchan eable. Interpretation do const�ction of this Agreement shall not be affected by any determination to-who is the drafter of this Agreement, this .Agreement having been drafted b 'mutual agreement of the parties, 24. SEVERABLE PROVISIONS Each provision of this Agreement is intended to be severable.if any provision hereof is illegal or invalid for any reaso whatsoever, such illegality or invalidity shall not affect the validity of the remaind of this Bement. 25. ENTIRE AGREEMENT This Agreement contains the en ' understanding of the parties hereto in respect to the transactions contemplated ereby at d supersedes all prior agreements and understandings between the P articowiffir espect to such subject matter. 26_ COUNTERPARTS This Agreement may be execut in mul 'ple counterparts, each of which shall be one and the same Agreement and ,;shall become effective when one or more counterparts have been signed by each-of the parties and delivered to the other party. 7 i 10/27/05 13:58 FAX 253 827 0122 9liifiS A ING LAN Zola IN WTfnSS WHEREOF, the partse's Lto have caused this Agreement to be executed effective this day of ,2005. I CONTRACTOR, gy Dated: ROBERT E.MACK President,Smith AlUmg Lane Tax I.D.No.:91-1257315 CITY OF PASCO: Dated: GARY CRUTCHFMM,City Managet Attest: Dated: SANDY K,LNWORTHY,Deputy City 1. , Approved as to form: Dated: LELAND B.KERB-City Attorney { City Attorney ` 1 , iI 1 , AGENDA REPORT FOR: City Council DATE: 11/1/05 REGULAR: 1117105 TO: Gary Crutch e y Manger Stan Strebel, mi istrative& Community Services Director FROM: Jim Qhas ance Manager V SUBJECT: SETTING THE 2006 PROPERTY TAX LEVY I. REFERENCE(S): (A) Tax Levy Rate History Chart (B) Assessed Value History Chart (C) Prior Years Tax Preservation—"Banking" Chart—Option 1 & 2 (D) Copy of Ordinance for the 2006 Ad Valorem Tax—Option I &2 (E) Copy of Ordinance Preserving Property Tax Levy Capacity—Option 1 &2 IL ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS: 11/7/05 Public Hearing 11/21/05 Motion: I move to adopt Ordinance No , providing for the 2006 Ad Valorem Tax Levy, a levy for the 1999 Unlimited Tax General Obligation Bonds and the 2002 Unlimited Tax General Obligation Refunding Bonds. Motion: I move to adopt Ordinance No. ,preserving property tax levy capacity for fiscal years after 2006 in accordance with state law. III. HISTORY AND FACTS BRIEF: The maximum allowed levy rate, per state statute, that a City can levy per $1,000 of assessed value is $3.60. The last time the City of Paso's levy rate was at that level was in 1992. From 1992 to 1999 the City reduced the levy rate by not taking any of the allowable percentage increase, which before 2002 was 6%, and preserved the unused levy capacity in case it were needed in the future. In November 1999, the voters approved Initiative 695, which eventually was ruled unconstitutional. The legislature, however, reduced the Motor Vehicle Excise Tax (MVET) to $30 per vehicle, which they determined to be the voter's intent of the initiative. To make up for the loss of future MVET revenues, Council elected to use $450,000 of the unused, preserved, levy capacity. The levy rate for 2000 taxes was set at $3.071 per$1,000 of assessed value, still well below the$3.60 maximum. In 2001 the voters approved Initiative 747, which limits the amount a taxing district can raise property taxes over the previous year by the lesser of 1% or the Implicit Price Deflator (IPD), without a vote of the people. IPD for the 2006 calculation is 2.541 % (July 2005) so the allowable levy increase calculation will use 1%. IPD is a national inflation index. Pasco's bargaining unions typically include wage increases tied to the West Coast (Seattle/Tacoma Area) Consumer Price Index (CPI). CPI for the year ending July 2005 is 2.9%. Despite the above challenges the Council has been a good steward of taxpayer dollars, as the 2005 property tax levy rate is down to $2.4157, or 67 % of the maximum rate allowable and 21.34% less than the $3. 071 rate set in 2000. 3fl) Pasco has certainly enjoyed the effects of growth within the city limits. Sales tax from new construction and the population growth contributing to higher utility taxes and higher building permit fees have certainly helped to maintain a balanced budget and keep our property taxes low. The property tax levy for 2006 will be comprised of the following three elements: 1. General Property Tax Levy. 2. 1999 Unlimited Tax General Obligation Fire Station/Library Bonds Debt Service. 3. 2002 Unlimited Tax General Obligation Refunding (1993)Bonds Debt Service. The City is directed to set property tax levies with the county in November of each year. IV. DISCUSSION: The Franklin County Assessor has advised that the City will have an assessed valuation (preliminary figure) of $1,989,593,313 which is used to calculate 2006 taxes. This amount includes new construction of $187,695,900. There were no annexations of property before the cutoff date of March 31st. The County did not re-assess any properties within City limits in the past year. GENERAL PROPERTY TAX LEVY Option 1: The amount of the property tax estimated and used in the preparation of the Preliminary 2006 Budget is $4,800,000. The following figures are from numbers provided by the Franklin County Assessor, adding the 1% increase and adding the value of new construction and annexations at last year's rate and adding those numbers to last year's total levy. 2005 Total General Property Tax Levy $4,299,469 1% increase in the levy rate based on the allowable maximum levy 53,899 New Construction Values of$187,695,900 at the 2005 rate of$2.4157/$1,000 Assessed Value 453,417 Annexation Values of$0 at the 2005 rate of$2.4157/$1,000 Assessed Value 0 Increase in the State Assessed Utilities at the 2005 rate of$2.4157/$1,000 Assessed Value 0 $4,806,785 A 2006 General Levy of $4,806,785 using the estimated assessed value of $1,989,593,313 calculates to a levy rate of$2.4160 per $1,000 of assessed value. This is virtually the same levy rate as 2005's rate of$2.4157. Option 2: By not including any of the 1% as shown in Option 1, but including the tax resulting from new construction, the actual levy rate will decline slightly from 2005 to $2.3889 per $1,000 of assessed value. The 2006 General Property Tax Levy would be at $4,752.886. Option 3: If the City were to levy all of the tax available in Option 1 and choose to levy all the banked levy capacity, the general Levy would increase to $5,897,210. The levy rate would calculate to $2.9640, still well below the maximum allowed levy rate, per state statute rate of$3.60. Any or all of the Banked Capacity could be levied. It was previously mentioned the City had used some of the previously preserved, or "banked", levy capacity. The money is not is a bank account. It is merely left in the pockets of the taxpayers. The purpose of RCW 84.55.092 allowing a governmental entity to preserve future levy capacity is to "remove the incentive for a taxing district to maintain its tax levy at the maximum level permitted under this chapter, and to protect the future levy capacity of a taxing district that reduces its tax levy below the level that it otherwise could impose under this chapter, by removing the adverse consequences to future levy capacities resulting from such levy reductions." In plain English this means if the tax is not needed a City does not have to set the levy at the maximum amount. It can reserve that resource for future use — when the Council determines (by a super-majority vote) that it is needed. Whatever the amount the levy is set for 2006, the council can preserve the right to levy the unused amount. A separate ordinance has been prepared to preserve the unused portion of the current levy and any remaining past unused levy capacity. Ordinances for each option have been prepared. 1999 UNLIMITED TAX GENERAL OBLIGATION BOND DEBT SERVICE The 2006 debt service requirement for the 1999 UTGO Bonds issued for the purpose of the Library Remodel and Fire Station Relocation is $77,382 and $99,018, respectively. Staff recommends the 1999 Unlimited Tax General Obligation Bond tax levy be set at those amounts. The two numbers are not combined because they appeared on the official ballot separately when voted upon. The county assessor's office requires we set these levies separately. The estimated assessed value for properties subject to the tax is $1,750,689,715; this will result in levy rates of $0.0442 and $0.0560, respectively, or a combined levy rate of $0.1002. 2005's levy rates were $0.0504 and $0.0638, respectively, or $0.1142 combined. The schedule of payments calls for principal payments of $100,000 each year for the remaining 13 years. This should reflect in decreased levy rates for the remaining payment schedule as the interest portion declines. 2002 UNLIMITED TAX GENERAL OBLIGATION REFUNDING BONDS The 2002 Unlimited Tax General Obligation Refunding Bonds were issued to refund the 1993 General Obligation Bonds to take advantage of lower interest rates available and save the taxpayer's money. The debt service requirements in 2006 for the 2002 UTGO Refunding Bonds is $384,263 and staff recommends the 2002 Unlimited General Obligation Refunding Bonds tax levy rate be set at that dollar amount. This equates to a levy rate of approximately$0.2500 per$1,000 of assessed value. This is down from the 2005 levy rate of$0.2748. Unlike the 1999 Bonds, the principal payment amounts will increase over the remaining life of these bonds but the interest portion will decrease keeping the annual payments at approximately$380,000. V. OTHER: The Franklin County Assessor uses a four year rotation to assess all the property in the County. No portion of the City was re-assessed this year to calculate next year's property taxes. In 2006 the Assessor will re-assess the portion of the City west of 20`h Avenue for the calculation of taxes for 2007. @ O N N N � 69, •E IL LO O O N O O z M O O O N 0 IL o o ` ! N z , LL OC 0° 1 N LLB z O Q W O W � I 0 rn F- f 2 ao uj i I w ! a. w IL 0) m O cC) CO 0 0 M O C5 691 � V)4 6 64 e4 Vy � 69 3n,lvA a3SS3SSV:10 000l$NU co ° N i i LO 0 0 N O O N M O O N i N O O N o Clq W � o Q N W 0) N O U) W to °° co Y r LLB i ir ° ° °° °o o 0 0 0 0 0 0 0 0 0 0 L °° L °o Ln CN r Prior Years Tax Preservation - "Banking" Option 1 Maximum Taxes Not Accum. Taxes Year Actual Levy Levy Poss. Levied Not Levied 1993 1,48509 154871731 202 21062 1994 1,622,004 1,628,204 6,200 8,262 1995 116729943 1,796,154 123,211 131,473 1996 1,770,000 21011,814 2417814 373,287 1997 1,950,024 2,440,804 490,780 864,067 1998 21040,391 25697,123 656,732 1,520,799 1999 2,198,771 3,017,324 818,553 2,339,352 2000 2,922,491 31,3065595 3849104 2,723,456 2001 351401484 39679,704 5395220 3,262,676 2002 3,452,906 41057,763 604,857 3,867,533 2003 3,500,021 4,5265695 1,026,674 4,894,207 2004 3,825,048 4,891,377 11,066,329 5,960,536 2005 492991,469 5,389,894 110905,425 7,050,961 2006 4,806,785 55897,210 1,090,425 81141,386 Prior Years Tax Preservation - "Banking" Option 2 Maximum Taxes Not Accum. Taxes Year Actual Levy Levy Poss. Levied Not Levied 1993 111485,669 114871731 29062 25062 1994 1,622,004 1,628,204 69200 85262 1995 196729943 11796,154 1231211 1311473 1996 1,770,000 2,011,814 241,814 3731287 1997 1,950,024 2,4401804 490,780 864,067 1998 290403,391 2071123 656,732 1,5201799 1999 291981771 3,017,324 818,553 2,339,35 2000 219225491 3,306,595 3 84,104 257231456 2001 39140,484 3,6795704 5395220 3,262,676 2002 314529906 4,057,763 604,857 311867,533 2003 3,5005021 4,526,695 1,026,674 458941207 2004 35825,048 41,891,377 1,066,329 51-9603,536 2005 412999469 5,389,894 1,090,425 75,0501961 2006 4,7525886 5,897,210 111449324 811195,285 ORDINANCE NO. Option 1 AN ORDINANCE PROVIDING FOR THE 2006 AD VALOREM TAX LEVY,A LEVY FOR THE 1999 UNLIMITED TAX GENERAL OBLIGATION BONDS AND A LEVY FOR THE 2002 UNLIMITED GENERAL OBLIGATION REFUNDING BONDS IN THE CITY OF PASCO IN ACCORDANCE WITH STATE LAW. THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: §1. The City Council of the City of Pasco has met and considered its budget for the calendar year 2006; The City Council of the City of Pasco after hearing and after duly considering all relevant evidence and testimony presented, determined that the City of Pasco requires a regular levy in the amount of $4,806,785, which includes an increase in property tax revenues from the previous year, and includes amounts resulting from the addition of new construction and improvements to property and any increase in the value of state-assessed property, and amounts authorized by law as a result of any annexations that have occurred and refunds made, in order to discharge the expected expenses and obligations of the district. The increase in the regular property tax levy is hereby authorized for the 2006 levy in the amount of$53,899 which is a percentage INCREASE of 1% from the previous year. This increase is exclusive of additional revenue resulting from the addition of new construction and improvements to property and any increase in the value of state assessed property, and any additional amounts resulting from any annexations that have occurred and refunds made. §3. A tax for the following sums of money which includes new construction and annexations to defray the expense and liabilities of the City of Pasco, be and the same is hereby levied for the purposes specified against all taxable property in the City for the fiscal year 2006: General Expense, including Councilmanic Bond Debt Service $4,806,785 1999 Unlimited Tax General Obligation Bond/Library Remodel 77,382 1999 Unlimited Tax General Obligation Bond/Fire Station 98,018 2002 Unlimited Tax General Obligation Refunding Bonds 384,263 $5,366,448 §4. This Ordinance shall take effect five (5) days after passage and publication. Adopted by the City Council of the City of Pasco, on this day of November, 2005. City of Pasco: Michael Garrison, Mayor Attest: Approved As To Form: Webster Jackson,City Clerk Leland B. Kerr, City Attorney ORDINANCE NO. Option 2 AN ORDINANCE PROVIDING FOR THE 2006 AD VALOREM TAX LEVY, A LEVY FOR THE 1999 UNLIMITED TAX GENERAL OBLIGATION BONDS AND A LEVY FOR THE 2002 UNLIMITED GENERAL OBLIGATION REFUNDING BONDS IN THE CITY OF PASCO IN ACCORDANCE WITH STATE LAW. THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS: §1. The City Council of the City of Pasco has met and considered its budget for the calendar year 2006; §2. The City Council of the City of Pasco after hearing and after duly considering all relevant evidence and testimony presented, determined that the City of Pasco requires a regular levy in the amount of$4,752,886, which does not include an increase in property tax revenues from the previous year, and does include amounts resulting from the addition of new construction and improvements to property and any increases in the value of state-assessed property, and amounts authorized by law as a result of any annexations that have occurred and refunds made, in order to discharge the expected expenses and obligations of the district. The increase in the regular property tax levy is hereby authorized for the 2006 levy in the amount of$0 (ZERO)which is a percentage INCREASE of 0% (ZERO) from the previous year. This increase is exclusive of additional revenue resulting from the addition of new construction and improvements to property and any increase in the value of state assessed property, and any additional amounts resulting from any annexations that have occurred and refunds made. §3. A tax for the following sums of money which includes new construction and annexations to defray the expense and liabilities of the City of Pasco, be and the same is hereby levied for the purposes specified against all taxable property in the City for the fiscal year 2006: General Expense,including Councilmanic Bond Debt Service $4,752,886 1999 Unlimited Tax General Obligation Bond/Library Remodel 77,382 1999 Unlimited Tax General Obligation Bond/Fire Station 98,018 2002 Unlimited Tax General Obligation Refunding Bonds _384,263 $5,312,549 §4. This Ordinance shall take effect five (5) days after passage and publication. Adopted by the City Council of the City of Pasco, on this day of November, 2005. City of Pasco: Michael Garrison,Mayor Attest: Approved As To Form: Webster Jackson, City Clerk Leland B. Kerr, City Attorney ORDINANCE NO. Option 1 AN ORDINANCE PRESERVING PROPERTY TAX LEVY CAPACITY IN THE CITY OF PASCO, WASHINGTON FOR FISCAL YEARS AFTER 2006 IN ACCORDANCE WITH STATE LAW. WHEREAS, to provide the property tax revenues required by the general operating budget of the City for fiscal year 2006, City Council of the City of Pasco levied property taxes on all taxable property in the City for collection in fiscal year 2006 in the total amount of$4,806,785, which dollar amount is the sum of(a) $4,299,469,which is the amount of property taxes levied by the City in fiscal year 2005, plus (b) $53,899, the lesser of 1% or the Implicit Price Deflator, which for this calculation, is 2.541%, (c) $453,417, which is the amount of additional taxes at the 2005 levy rate of 2.4157 cents per $1,000 of assessed value resulting from the addition of new construction and improvements to property in the City, property annexed into the City during fiscal year 2005, and any increase in value of state-assessed property in the City; and, WHEREAS, the City Council of the City desires to preserve in accordance with state law (including but not limited to Chapter 84.55 RCW) the capacity of the City to levy property taxes in future fiscal years after 2006 calculated as if the City in fiscal year 2006 had levied the full amount allowed by state law upon a finding of substantial need therefore; and WHEREAS, upon a fording of substantial need and based upon limit factors of the lesser of 101% or IPD (102.541%) for the previous year and limit factors of 106% for previous years as provided by RCW 84.55.0101 and $3.60 per $1,000 of assessed value by RCW 84.52.043 and 41.16.060, the City would be permitted to levy property taxes for fiscal year 2006 in a total amount of$5,897,210 (the "full amount allowed by law's, which dollar amount is the sum of(a) $5,443,793 (the lesser of the amount calculated by multiplying the allowable 2005 property tax levy of $5,389,894 times the limit factor of the lesser of 101% or IPD or the $3.60 per $1,000 statutory limitation), plus (b) $453,417, which is the amount of additional taxes at the 2005 levy rate of 2.4157 cents per $1,000 of assessed value resulting from the addition of new construction and improvements to property in the City,property annexed into the City during fiscal year 2005, and any increase in value of state-assessed property in the City; and WHEREAS, the full amount allowed by law for fiscal year 2005 of $5,897,210 is $1,090,425 greater than the actual property tax levy of the City for fiscal year 2006 of$4,806,785 and such excess of $1,090,425 represents the unused 2006 property tax levy capacity that the City desires to preserve for future fiscal years after 2006; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN as follows: Section 1. The City Council of the City finds and determines that there is substantial need for the City to preserve for future fiscal years after 2006 the capacity to levy property taxes on all taxable property in the City in the amount of$1,090,425,which is equal to the unused levy capacity of the City for fiscal year 2006. This substantial need includes, without limitation, the anticipated future requirements for additional property tax revenues that will be needed for the construction and/or maintenance of roads, streets, bridges and other transportation facilities of the City; to satisfy anticipated and unanticipated new regulatory requirements applicable to the City; to provide for potential excess costs of capital facilities; and generally to meet other substantial future financial requirements of the City. Section 2. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. ADOPTED by the City Council by the affirmative vote of a majority plus one vote of the members thereof and APPROVED by the Mayor of Pasco, Washington, at a regular open public meeting thereof, this day of November, 2005. Michael Garrison,Mayor. ATTEST: Webster Jackson, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney ORDINANCE NO. Option 2 AN ORDINANCE PRESERVING PROPERTY TAX LEVY CAPACITY IN THE CITY OF PASCO, WASHINGTON FOR FISCAL YEARS AFTER 2006 IN ACCORDANCE WITH STATE LAW. WHEREAS, to provide the property tax revenues required by the general operating budget of the City for fiscal year 2006, City Council of the City of Pasco levied property taxes on all taxable property in the City for collection in fiscal year 2006 in the total amount of$4,752,886, which dollar amount is the sum of(a) $4,299,469,which is the amount of property taxes levied by the City in fiscal year 2005, plus (b) $0 of the allowable increase of the lesser of 1% or the Implicit Price Deflator, which for this calculation, is 2.541%, (c) $453,417, which is the amount of additional taxes at the 2005 levy rate of 2.4157 cents per $1,000 of assessed value resulting from the addition of new construction and improvements to property in the City, property annexed into the City during fiscal year 2005, and any increase in value of state-assessed property in the City; and, WHEREAS, the City Council of the City desires to preserve in accordance with state law (including but not limited to Chapter 84.55 RCW) the capacity of the City to levy property taxes in future fiscal years after 2006 calculated as if the City in fiscal year 2006 had levied the full amount allowed by state law upon a finding of substantial need therefore; and WHEREAS, upon a finding of substantial need and based upon limit factors of the lesser of 101% or 1PD (102.541%) for the previous year and limit factors of 106% for previous years as provided by RCW 84.55.0101 and $3.60 per $1,000 of assessed value by RCW 84.52.043 and 41.16.060, the City would be permitted to levy property taxes for fiscal year 2006 in a total amount of$5,897,210 (the "full amount allowed by law"), which dollar amount is the sum of(a) $5,443,793 (the lesser of the amount calculated by multiplying the allowable 2005 property tax levy of$5,389,894 times the limit factor of the lesser of 101% or 1PD or the $3.60 per $1,000 statutory limitation), plus (b) $453,417, which is the amount of additional taxes at the 2005 levy rate of 2.4157 cents per $1,000 of assessed value resulting from the addition of new construction and improvements to property in the City, property annexed into the City during fiscal year 2005, and any increase in value of state-assessed property in the City; and WHEREAS, the full amount allowed by law for fiscal year 2005 of $5,897,210 is $1,144,324 greater than the actual property tax levy of the City for fiscal year 2006 of$4,752,886 and such excess of $1,144,324 represents the unused 2006 property tax levy capacity that the City desires to preserve for future fiscal years after 2006; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON,DO ORDAIN as follows: Section 1. The City Council of the City finds and determines that there is substantial need for the City to preserve for future fiscal years after 2006 the capacity to levy property taxes on all taxable property in the City in the amount of$1,144,324, which is equal to the unused levy capacity of the City for fiscal year 2006. This substantial need includes, without limitation, the anticipated future requirements for additional property tax revenues that will be needed for the construction and/or maintenance of roads, streets, bridges and other transportation facilities of the City; to satisfy anticipated and unanticipated new regulatory requirements applicable to the City; to provide for potential excess costs of capital facilities; and generally to meet other substantial future financial requirements of the City. Section 2. This ordinance shall take effect and be in force from and after its passage and five days following its publication as required by law. ADOPTED by the City Council by the affirmative vote of a majority plus one vote of the members thereof and APPROVED by the Mayor of Pasco, Washington, at a regular open public meeting thereof, this day of November, 2005. Michael Garrison, Mayor ATTEST: Webster Jackson,City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney