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
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United
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United way
of Reoton and Franklin CountIR5
Service Provider
Forum
Thursday, December 1 , 2000 ,
8:30 to 11 :30 A.M.
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United Way of Benton and Franklin Counties
491 N- Young Street
p ` - Kennewick, WA 99336
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Phone. 509-7$3- 192
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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
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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)
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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
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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 p-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
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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
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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
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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
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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. .
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5, EARLY TERMINATION OF AGREEMENT
A. The City and Contractor;Iby matual written agreement, may terminate this
Agreement at any time.
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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.
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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
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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.
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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.
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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_
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1$. NOTICE
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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
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19. AMENDMENTS
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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
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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.
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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 ,
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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.
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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