HomeMy WebLinkAbout2010.12.13 Council Workshop Packet AGENDA
PASCO CITY COUNCIL
Workshop Meeting 7:00 p.m. December 13,2010
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance.
3. VERBAL REPORTS FROM C.OUNCILMEMBERS:
4. ITEMS FOR DISCUSSION-
(a) 2010 Budget Supplement:
I. Agenda Report from Dunyele Mason, Finance Manager dated December 3, 2010.
2. Proposed Ordinance Amending the 2010 Operating Budget.
3. Proposed Ordinance Amending the 2010 Capital Improvements Projects Budget,
4. Proposed Resolution Authorizing the Interfund Loans.
5. Memo from Finance Manager to City Manager.
6. Exhibit 1 -2010 Budget Supplement Worksheet.
(b) 2011 Management Merit and Temporary Seasonal Employee Wage Plan:
1. Agenda Report from Lynne Jackson, Human Resources Manager dated December 2, 2010.
2. Proposed Ordinance Amending Ordinance No. 3953.
3. Proposed Ordinance Adoptin4'Temporary Employee Wage Plan.
(c) Public Development Authority(PDA) Formation for Downtown Revitalization:
1. Agenda Report from Rick White, Community & Economic Development Director dated
December 8, 2010.
2. Downtown Revitalization Advisory Group Report,
3. Draft Implementation Ordinance.
4. Draft Charter.
5. Draft Operating Agreement.
6. RCW 35,21.730-755 Public Corporations.
5. OTHER ITEMS FOR DISCUSSION:
(a)
(b)
(c)
6. EXECUTIVE SESSION:
(a)
(b)
(c)
7. ADJOURNMENT
REMINDERS:
1. 12:00 p.m., Monday, December 13, Pasco Red Lion - Pasco Chamber of Commerce mnerce Membership
Luncheon. (Holiday Luncheon, entertainment by Mid-Columbia Mastersingers)
2. 10:00 a.m., Tuesday, December 14, Senior Center - Senior Citizens Advisory Committee Meeting.
(COUNCILMEMBER TOM LARSEN, Rep.;BOB HOFFMANN, Alt.)
3. 5:30 p.m., Wednesday, December 15, TRAC Facility - Benton, Franklin & Walla Walla Counties
Good Roads & Transportation Association Meeting. (COUNCILMEMBER BOB HOFFMANN,
Rep.; REBECCA FRANCiK, Alt.)
4. 7:30 a.m., Thursday, December 16, 7130 W, Grandridge Blvd - Tri-Cities Visitor & Convention
Bureau Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.;TOM LARSEN, Alt,),
5. 12:00 p.m., Thursday, December 16, 515 W. Clark Street - Pasco Downtown Development
Association Board Meeting. (COUNCILMEMBER SAUL MARTINEZ, Rep.; AL YENNEY,Alt.)
6. 4:00 p.m., Thursday, December 16, 7130 W. Grandridge Blvd - TRTDEC Board Meeting.
(COUNCILMEMBF..R MIKE GARRISON, Rep.; TOM LARSEN, Alt.)
7. 11:30 a,m., Friday, December 17, Sandberg Event Center-Berton-Franklin Council of Governments
Board Meeting. (COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCTK, Alt.)
AGENDA REPORT
Date: December 3, 2010
FOR: City Council Ie % Workshop Meeting: December 13, 2010
Regular Meeting: December 20, 2010
TO: Gary Crutchfi '' Manager
FROM: Dunyele Maso , Financial Services Manager
SUBJECT: 2010 BUDGET SUPPLEMENT
I. REFERENCE(S):
A) Proposed ordinance amending the 2010 Operating Budget.
B) . Proposed ordinance amending the 2010 Capital Improvements Projects Budget.
C) Proposed resolution authorizing the Interfund Loans.
D) Memo from Financial Services Manager to City Manager
F) Exhibit 1 —2010 Budget Supplement Worksheet
II. ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
A) Discussion - December 13, 2010
B) Hold Public Hearing - December 20, 2010
C) MOTION: I move to adopt Ordinance No. amending the 2010 Operating
Budget by providing a Revenue Supplement of$5,267,990 and an
Expenditure Supplement thereto in the amount of$1 0,609,055 and to
authorize the publication by summary only.
D) MOTION: I move to adopt Ordinance No. amending the 2010 Capital
Improvements Budget by providing an Expenditure Supplement thereto
in the amount of$4,055,700 and to authorize the publication by
summary only.
E) MOTION: I move to approve Resolution No. , authorizing temporary inter-
fund loans from the Gencral Fund to the Arterial Street Fund, the
Community Development Block Grant Fund, the ML King Community
Center Fund, the Ambulance Services Fund, and the Stadium
Convention Center Fund in the total amount of$2,358,400.
III. FISCAL,IMPACT:
Per attached Exhibit 1 —2010 Budget Supplement Summary
IV. HISTORY AND FACTS BRIEF:
The items recommended to be included in the Supplemental Budget are for
expenditures that were unanticipated or indeterminable at the time of the 2010
Budget preparation. Resources for the expenditures. are:
1. Unanticipated revenue
2. Contributions from active funds
1 Ending fiend balances
V. DISCUSSION:
Please see attached memo from the Financial Services Manager to the City Manager.
Vi. OTHER COMMENTS:
4(a)
ORDINANCE NO.
AN ORDINANCE AMENDING THE 2010 ANNUAL OPERTING BUDGET OF THE
CITY OF PASCO BY PROVIDING SUPPLEMENT THERETO; BY APPROPRIATING
REVENUE RECEIVED IN EXCESS OF ESTIMATED REVENUES FOR THE
CURRENT YEAR AND BY PROVIDING TRANSFERS AND ADJUSTMENT
AUTHORITY.
WHEREAS, staff has identified the need to make certain revisions to the 2010 Annual
Operating budget originally adopted through Ordinance No. 3945 on December 21, 2009, and
WHEREAS, a Public Hearing has been held subsequent to due notice, and the City
Council has, after consideration, deemed the proposed Supplement to the Annual Operating
Budget necessary and appropriate;NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS
FOLLOWS:
§1. Pursuant to RCW 35A.33.120, the 2010 Operating Budget be and the same is hereby
amended to provide for the following adjustments to revenue and expenditures, and by providing
authority for any necessary transfer of money within or between funds indicated.
FUND REVS EXPENSES
GENERAL FUND 379,790 3,568,290
STREET FUND 20,000 208,810
ARTERIAL STREET FUND 1,232,000
STREET OVERLAY FUND 50,000
CDBG FUND 400,000 183,540
AMBULANCE FUND 100,570 100,570
CEMETERY FUND 100,000
MULTIMODAL FUND 45,800 45,800
SPECIAL ASSESSMENT LODGING FUND 10,000
TRAC DEVELOP &OPERATING FUND 82,000
PARK FUND 377,000
CAPITAL IMPROVEMENT FUND 3,179,790
STADIUM/CONVENTION CENTER FUND 40,000 -
GENERAL CONSTRUCTION FUND 379,790
UTILITY FUND 647,955
UTILITY EQUIPMENT MAINTENANCE FUND 62,000
GOVT EQUIPMENT REPLACEMENT FUND 285,000
UTILITY EQUIPMENT REPLACEMENT
FUND 63,000
MEDICAL/DENTAL FUND 500,000
LID GUARANTEE FUND 190,115
LID CONSTRUCTION FUND 2,949,830
LID 745 FUND 675,395
TOTAL CITY WIDE OPERATING BUDGET 5,267,990 10,609,055
The above items are shown as revenues and appropriations to specific budgets and items
within budgets in the attachment marked"Exhibit 1 --2010 budget Supplement" the
Expenditure/Revenue detail, which is incorporated herein as though fully set forth.
§2. That the additions in appropriations and expenditures are hereby declared to exist in
the above funds for the said uses and purposes as shown above and in the Exhibit and the proper
City officials are hereby authorized and directed to issue warrants and transfer funds in
accordance with the provisions of this Ordinance.
§3. This Ordinance shall take effect five (5) days after passage and publication.
Adopted by the City Council of the City of Pasco, on this 20th day of December, 2010.
City of Pasco:
Matt Watkins, Mayor
Attest: Approvers As To Form:
Debra Clark, City Clerk Leland B. Kerr, City Attorney
ORDINANCE NO.
AN ORDINANCE RELATING TO SUPPLEMENTAL CAPITAL IMPROVEMENT
PROJECTS BUDGET FOR THE YEAR 2010.
WHEREAS, staff has identified the need to make certain revisions to the 2010 Capital
Improvement budget originally adopted through Ordinance No. 3946 on December 21, 2009, and
WHEREAS during the year 2010 additional capital improvement expenditures became
necessary that were unanticipated and a need exists requiring a Supplement to provide for such
expenditure authority, and
WHEREAS a Public Hearing has been held subsequent to due notice, and the City
Council has after consideration., deemed the proposed Supplement to the Capital Improvements
Projects Budget necessary and appropriated; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS
FOLLOWS:
§1. The following capital improvement projects hereby authorized as detailed below:
INCREASE IN TOTAL CIP PROJECT COSTS
Current Increase In New Total
PJect## Prgiect Description Authority Authority Authority
210305 20th Ave Gateway 100,000 30,000 130,000
609604 Memorial Pool Renovation 3,450,000 375,700 3,825,700
410201 Commercial Ave Water 250,000 250,000
409201 West Side Water Treatment Plant 9,000,000 3,000,000 12,000,000
Replacement of AC Water Pipe 1000,000 400,000 1,400,000
12,550,000 4,055,700 16,205,700
§2. This Ordinance shall take effect five (5) days after passage and publication.
Adopted by the City Council of the City of Pasco, on this 20th day of December, 2010.
City of Pasco:
Matt Watkins, Mayor
Attest: Approved As To Form:
Debra Clark, City Clerk Leland B. Kerr, City Attorney
RESOLUTION NO.
A RESOLUTION AUTHORIZING INTERFUND LOANS FROM THE
GENERAL FUND TO THE ARTERIAL STREET FUND, COMMUNITY
DEVELOPMENT BLOCK GRANT FUND, 'LID CONSTRUCTION
FUND FOR A TOTAL SUM OF $2,358,400.
WHEREAS, the City Council of the City of Pasco has, pursuant to RCW 35.33.121, found
that it is in the best interest of the City to lend funds from the General Fund to the Arterial Street
Fund, the Community Development Block Grant Fund, and the LID Construction Fund,
Stadimn/Convention Center Fund, Street Fund; Cemetery Fund and to provide for the repayment
thereof, and
NOW, THEREFORE,
THE CITY OF PASCO, 'WASHINGTON HEREBY RESOLVES AS FOLLOWS:
1. Authorization for loan. The Financial Services Manager of the City of Pasco is
hereby authorized and directed to make the following loans from the City of Pasco
General Fund as needed to restore fund cash balances and refinance previous interfund
loans but not to exceed:
(A)To the Arterial Street Fund in the sum of$1,232,000;
(B)To the Community Development Block Grant Fund in the sum of$400,000;
(C)To the LID Construction Fund in the sum of$566,400;
(D)To the Stadiwn Convention Center Fund in the sum of$40,000;
(E) To the Street Fund in the sure of$20,000; and
(F) To the Cemetery Fund the sum of$100,000.
2. Terms and Memorialization. The effective dates of the loans shall be December 31,
2010 and shall be due and payable on January 1, 2011, 1 day later. The interest rate
will be 0%. This resolution shall constitute memorialization of these loans and their
terms.
PASSED by the City Council of the City of Pasco, Washington, this 20th day of December 2010.
SIGNED in authentication of its passage this 20t" day of December, 2010,
Matt Watkins, Mayor
ATTEST; APPROVED AS TO FORM:
Debra Clark, City Clerk Leland B. Kerr, City Attorney
MEMO ,
TO: Gary Crutchfield, City Manager
FROM: Dunyele Mason, Financial Services Manager
RE: 2010 BUDGET SUPPLEMENT OVERVIEW
OPERATING BUDGET
GENERAL FUND: The 2010 Supplemental 0&M Budget increases 2010's Budget appropriation by
$3,568,290. The funding for the additional expenditures comes from a revised revenue budget of
$379,790 (return of temporary financing provided to the memorial pool project) and $3,188,500 of
Ending Fund balance.
An amount not to exceed $2,358,400 of this increase is to provide temporary funding to other funds to
avoid negative cash positions at year end. Negative cash positions can be created by construction
projects and grant expenditures until the grant reimbursements or other revenues are received. The
general fund loans are "overnight loans" and will be repaid on January 1, 2011.
$127,940 pays-off an equipment purchase lease with the State of Washington and will create interest
savings of$6,730. The city pays interest at 3.47%for this loan but currently investments held in the
Local Government Investment Pool earn 0.3%.Thus the city creates net interest savings by using some
of its excess cash balance to pay off debt.
$692,550 funds various capital expenditures. Capital expenditures includes$151,750 to pay the city
portion of LID 145 improvements; $308,000 to fund the city's share to move utilities underground on A
St.;$123,500 for new equipment(SCBA)for the fire department of which 80%will be grant funded;
$63,500 to purchase the Metro Trailer and $45,800 to fund new doors at the Multi-Modal station.
The remaining approximately$389,400 covers various other items such as $114,000 in one time
consulting studies, $80,000 in legislative consulting support(omitted in original budget), $50,000 in
additional public safety overtime to backfill for four people on disability leave,$45,000 in bank fees (no
longer offset by interest earnings, and various other professional service contracts.
Please note that$2,358,400 use of Ending Fund Balance is temporary as on January 1, the interfund
loans will be repaid thereby replenishing the general fund's Ending Fund Balance to an anticipated
balance of$6,447,000. $1,209,890 represents the net, unreimbursed amount.
VARIOUS FUNDS: There are a variety of interfund transfers included: for the Memorial Pool
Renovation, interfund services, and for the LID Construction fund (relating to both completed and
continuing LID construction activity),
MI<DICALlDENTAL FIND: This fund is variable by nature. Recent months'activity indicates additional
budget authority may be necessary to continue medical claim payments as they come due.Though it
may not all be used, an additional $500,000 of budget authority is included. Even with this additional
appropriation,the fund is expected to approximately break-even for the year with current year
revenues matching current year expenses.
CAPITAL BUDGET
The attached 2010 Capital Budget Supplement lists the continuing projects with funding scope
increases; which increases the budget for total project appropriation.The largest change is for the new
water treatment plant which increases from $9 million to$12 million. This change includes actual costs
in excess of preliminary budget estimates as well as additional costs incurred to perform re-work related
to original work that did not meet specification. Some of the re-work costs may ultimately be covered
by warranty, but the city requires budget authority to expend additional amounts to fix the issues and to
bring the plant on line.
2010 Operating Budget Supplement
Account Description REVENUES EXPEND Explanation
GENERAL FUND
COURT
Professional Services 26,500 Interpretors; Judge Pro Tern; Court Appt Attorney, etc.
Total Muni Court 26,500
POLICE
Misc Professional Services 35,000 Attorney fees and Dispatch study
Uniforms and clothing 29,000 New uniform shirt
Total Police 64,000
FIRE
Overtime 50,000 To backfill for four people on disability leave
Equipment 123,500 New SCBA purchase; 80% FEMA grant offset
Repair/Maint of Bldg 20,900 Fiber network installation
Total Fire 194,400
61CS-FIN ANC-E
Bank Fees 45,000 Interest earnings no longer cover fees
Misc.Professional Services 24,000 Increased meter reading,utility printing& postage costs
A&CS-PARKS FACH.IT[ES
Professional Services 25,000 Parks Master Plan
Total AC&S 94,000
NONDIEPARTMErfTAI,
Other Miscelleaneous 151,750 Pay-off LID for city property: LID 145-016
Capital asset purchase 63,500 Purchase of Metro Trailer(Modern Bldg Systems Inc)
Other Improvements 308,000 Undergrounding utilities on A St.
Misc Professional Services 54,000 Communication study budgeted 2009; work in 2010
Misc Professional Services 80,000 Legislative consulting(Gordon, Thomas & Honeywell)
MultiModal Fund funding 45,800 Fund door replacement
Loan Principal 127,940 Pay off computer lease 3.47% Interest Rate (2013)
Interest saved $6,731.26
Interfund loan proceeds 100,000 Overnight loan to Cemetery fund
Interfund loan proceeds 1,232,000 Overnight loan to Arterial St.
Interfund loan proceeds 400,000 Overnight loan to CDBG.if grant reimbursement not recd
htterfund loan proceeds 566,400 Overnight loan for LID Construction Fund
Interfund loan proceeds 40,000 Overnight loan for Stadium/Convention Center
Interfund loan proceeds 20,000 Overnight loan for St O&M Fund
Total NonDepartmental 3,189,390
Additions to Gen'I Fund Expend 3,568,290
Transfer to General fund 379,790 Return prior year funding of Memorial pool
Additions to Revenues 379,790
Reduction in End Fund Sal (3,1.88,500) On Jan 1, 2011 Ending Fund balance will increase by
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2010 Operating Budget Supplement
Account Description REVENUES EXPEND Explanation
STREET FUND
Interfund Equipment Rental 7,400 Replace damaged trailer
Overtime, Gravel, etc. 50,000 Snow & lee removal: labor, gravel, de-icer, gas, etc.
Transfer out 151,410 Funding for LID 145 street construction
Additions to Expenditures 208,810
Interfund loan proceeds 20,000 Overnight loan from Gen'] Fund if taxes lower than est
Additions to Revenues 20,000
Reduction in End Fund Bal (188,810)
ARTERIAL STREET FUND
]nterfund loan proceeds 1,232,000 Overnight loan if needed.
Additions to Revenues 1,232,000
STREET OVERLAY FUND
Contractor payments 50,000 2009 work carried over into 2010
Reduction in End Fund Bal (50,000)
CDBG FUND
Interfund transfers 123,540 Move CDBG proceeds-LID 146 construction.
MLK Center 60,000 MLK HVAC
Additions to Expenditures 183,540
Interfund loan proceeds 400,000 Overnight loan from Gen'I Fund if grant reimb not recd
Additions to Revenues 400,000
ANlIBULANC
Overtime 25,000 To ba.ckfill for four people on disability leave
Repair/Maint of Bldg 49,300 Fiber network installation
Equipment 26,270 Pharmaceutical dispenser;
New SCBA purchase; 80%FEMA grant offset
Additions to Expenditures 100,570
Ambulance Utility Charge 100,570 Based on current year activity
Additions to Revenues 100,570
CEMETERY FUND
Interfund loan proceeds 100,000
Additions to Revenues 100,000
MULTIMODAL FITND
Repair/Maint of Bldg 45,800 Replace broken doors
Additions to Expenditures 45,800
Transfer in from Gen'] Fund 45,800 Funding for doors
Additions to Revenues 45,800
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2010 Operating Budget Supplement
Account Description REVENUES EXPEND Explanation
S PEC"ASSESSNIENT LODgING FUND
Organizational Services 10,000 Contingency estimate
Reduction in End Fund Bal (10,000)
TRAC DEVELOP & OPERATING FUND
County Services 82,000 Operating subsidy
Reduction in End Fund Bal (82,000)
PARK FUND
Transfer to Constr Fund 377,000 Fund Memorial pool construction
Reduction in End Fund Bal (377,000)
CAPITAL IMPRQNTMENT FUND
Transfer to Constr Fund 2,479,790 Fund Memorial pool construction
Transfer to Arterial St Fund 100,000 20th Ave Gateway
Transfer to Arterial St Fund 200,000 Lewis St
Transfer to Arterial St Fund 300,000 4th Ave Gateway
Transfer to Constr Fund 100,000 East side soccer
Reduction in End Fund Bal 3,179,790
STADIUNVCQNVEN IQN CENTER FUND
Interfund loan proceeds 40,000 Overnight loan if needed.
Additions to Revenues 40,000
GENERAL CONSTRUCTION FUND
Transfer out to Gen'] Fund 379,790 Return prior year temporary construction financing
Reduction in End Fund Bal (379,790)
UTILITY FUND
'Water Transfer out 281,405 Fund construction of LID 145 water improvements
Sewer Transfer out 366,550 Fund construction of LID 145 sewer improvements
Additions to Expenditures 647,955
Reduction in End Fund Rai (647,955)
UTILITY EOUWN NT MAINT NANCE FUND
Interfund services 62,000 Pay interfund mechanic services rendered
Requested use End Fund Bal (62,000)
G4 i?IPMENT,PLACEMENT F_U -!
Vehicle purchases 285.000 Re-chassis ambulance&vehicles per Equip Replace Sched
Requested use End Fund Bal (285,000)
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2010 Operating Budget Supplement
Account Description REVENUES EXPEND Explanation
UT L1TY EQUIPMENT RLACEMENT FUND
Vehicle purchases 63,000 Replace damaged trailer&vehicles per Equip Replace Sched
Reduction in End Fund Bat (63,000)
MEDICAL/DENTAL FUND
Medical Claims 500,000 Reflect actual current year claim trend.
Requested use End Fund Bat (500,000)
LID GUARANTEE FUND
Transfer to Constr Fund 190,115 Fund Memorial pool construction
Reduction in End Fund Bat (190,115)
LID CONSTRUCTION FUND
Special Assess Bond Proceeds 785,130 LID 145 Construction
Transfer in from Water Fund 281,405 LID 145 Construction
Transfer in from Sewer Fund 366,550 LID 145 Construction
Transfer in from LID 745 675,395 LLD 145 Construction (prepayments received)
Transfer in from Street Fund 151,410 LLD 145 Construction
Transfer in from CDBG Fund 123,540 LID 146 Construction
Interfund loan proceeds- GF 566,400 Overnight loan from General Fund to cover cash flow
Additions to Revenues 2,949,830
LID 745 FUND
Transfer to LID Constr Fund 675,395 Prepayments pledged to construction
Reduction in End Fund Bat (675,395)
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2010 Capital Budget Supplement
INCREASE IN TOTAL CIP PROJECT COSTS
Current Increase In New Total
Project# Project Descri[>LW Authority Authority Authority
210305 20th Ave Gateway 100,000 30,000 130,000
609604 Memorial Pool Renovation 3,450,000 375,700 3,825,700
410201 Commercial Ave Water 250,000 250,000
409201 West Side Water Treatment Plant 9,000,000 3,000,000 12,000,000
406203 Replacment of AC Water Pipe 1,000,000 400,000 1,400,000
12,550,000 4,055,700 16,205,700
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AGENDA REPORT
FOR; City Council December 2, 2010
TO: Gary Crutehfielc� y Manager Workshop; 12!13;10
Regular Mtg.: 12/20/10
FROM: Lynne Jackson,�uman Resources Managreas�qnnal'"
SUBJECT: 2011 Management Merit and Temporary Employe e Wage Plan
I. REFERENCE(S):
1. Proposed Ordinance amending Ordinance No, 3953
2, Proposed Ordinance adopting Temporary Employee Wage Plan
11, ACTION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
12/13: DISCUSSION
12/20: MOTION: 1 move to adopt Ordinance No. ___, amending section 2 of
Ordinance No. 3953, to continue the merit award system for calendar
year 2011 and, further, authorize publication by summary only.
MOTION: 1 move to adopt Ordinance No. , adopting the Temporary
Employee Wage Plan for calendar year 2011 and, further, authorize
publication by summary only.
III_ FISCAL IMPACT:
Estimated fiscal impact of changes to the Temporary Employee Wage Plan less than
$500
IV, HISTORY AND FACTS BRIEF:
A) The 2011 budget anticipates no cost-of-living wage adjustment for non-
represented personnel. Non-represented, non-management personnel are allowed
step increases, within the salary range, conditioned on satisfactory performance.
No revisions to the wage plan are necessary for authorized steps to continue in
2011.
B) Management personnel are eligible for one time merit awards based on
exceptional performance as specified by ordinance. An amendment to the
ordinance authorizing the merit award system for 2010 will allow for continuation
in 201 1,
C) Washington's minimum wage increases to $8.67 per hour as of January 1, 2011
(from $8.55, the 2010 state minimum wage). The proposed 2011 Temporary
Employee Wage Plan adjusts wages for only the lowest two steps in Grade 03.
The wage plan was last adjusted in 2009.
V. DISCUSSION:
A) Staff recommends Council approval of both ordinances.
4(b)
ORDINANCE NO.
AN ORDINANCE amending Section 2 of Ordinance No. 3953,
WHEREAS, the City Council has determined to continue 2010 wage and salary schedules for 2011,
with no change, for both non-represented and management employees, and
WHEREAS, the management merit award program must be specifically authorized by the City Council
each year, NOVV THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. Section 2 of Ordinance No. 3953 is amended to read as follows; A merit increase may be
granted to a city employee, employed in one of the management level positions set forth in Exhibit "A", at the
sole discretion of the City Manager and within the following guidelines; provided, however, the total of all merit
increases for the year 2" 2011 does not exceed $45,000.
(a) Any merit increase shall be based solely upon job performance demonstrating effort and
achievement above and beyond that regularly expected of the position.
(b) Any rnerit increase awarded shall he for a temporary period of time to be determined by the City
Manager, provided any such merit increase shall expire not later than December 31, 24W 2011
Section 2. All other provisions of Ordinance No. 3953 shall remain as currently written,
Section 3. This Ordinance shall take effect five days after passage and publication according to law,
PASSED by the City Council ol'the City of Pasco at a regular meeting this 20`J'day of December 2010.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
Debbie Clark, City Clerk I.eland B. Kerr, City Attorney
ORDINANCE NO.
AN ORDINANCE concerning wages for Temporary Non-Management,
Non-Represented Personnel for the Calendar Year 2011,
WHEREAS, the City Manager has recommended the wage scale for temporary positions
be modified to include an adjustment for calendar year 2011 NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. The wage scale for those temporary positions specified in the attached
Exhibit "A'' and not represented by a certified bargaining unit, shall be as set forth in Exhibit
"A" attached hereto, which Exhibit is incorporated by reference as if fully set forth herein. The
City shall designate the appropriate hourly wage step in Exhibit "A" for each employee covered
by this Ordinance, considering their time in the position for which they are employed, their
current hourly wage, and the evaluation of their performance.
Section 2. The step increases set forth in Exhibit "A" are dependent upon a satisfactory
work performance.
Section 3. The wage scale set forth in Exhibit "A" shall be effective January 1, 2011
and remain in effect until this Ordinance is amended or superseded by subsequent Ordinance.
Section 4. This Ordinance supersedes any conflicting prior Ordinance or conflicting
provision of a prior Ordinance.
This Ordinance shall take effect five days after passage and publication according to law.
PASSED by the City Council of the City of Pasco at a regular meeting this 20th day of
December, 2010.
Matt Watkins, Mayor
ATTEST: APPROVED AS TO FORM:
Debbie Clark, City Clerk I.etand B. Kerr, City Attorney
Exhibit A
Wage Scale for Temporary Employees - 2011
Position Grade 00 01 02 03 04
* 1 season *2 seasons *3 seasons 4 seasons
Clerk/Cashier TP 03 8.67 8.79 8.90 9.07 9.25
Recreation Aide
Department Aide
Recreation Leader 1
Engineering Aide TP 04 8.72 8.89 9.07 9.') 9.43
Department Aide 2
Facility Supervisor 1
Lifeguard
Recreation Leader 2
Instructor/Guard TP 05 9.11 9.37 9.64 9.92 10.22
Mechanic's Helper
Professional Instructor TP 06 9.61 9.89 10.40 10.92 11.43
Head Lifeguard
Temporary Secretary
Facility Supervisor 2
Program Manager
Professional Instructor 2 TP 07 10.50 11,00 11 .50 12.00 12.50
Facility Supervisor 3 (Pasco HS)
Professional Intern
Pool Manager TP 08 11.00 12.00 13.00 14.00 15.00
Professional Instructor 3
Lifetime Fitness instructor TP 09 15.00 16.00 17.00 18.50 20.00
Must complete term of employment to move to next step (i.e., not quit or have employment terminated except for end of work).
AGENDA REPORT
FOR: City Council December$, 20 10
F
TO: Crary Crutchfie y Manager Workshop Mtg.: 12/13/10
Y
FKOM: Rick White, liixector t
Community & Econornic Development
SUBJECT: I'Ublic Development Authority (PDA) formation for Downtown Revitalization
I. REFERENCE(S):
1. Downtown Revitalization Advisory Group Report
2. Draft Implementation Ordinance
3. Draft Charter
4. Draft Operating Agreement
5. RCW 35.21.730 -755 Public Corporations
11. AC'T'ION REQUESTED OF COUNCIL/STAFF RECOMMENDATIONS:
12/13: Discussion
M. F1 SCA L IMPACT:
Total antlual costs will be approximately $94,000. Revenues received would be approximately
$34,000 - for an estimated net impact(if$60,000.
IV. HISTORY AND FACTS BRIEF:
A. City Council has determined that identification and establishment of the most effective
organizational structure for revitalizing the Downtown area is a Council Goal for 2010 —
2011.
R. The Formation of a PDA as a method to undertake revitalization efforts in Downtown was
presented to Council in June of this year and examined by an advisory group of Downtown
stakeholders and organizations this past summer.
C. With the exception of the Pasco Downtown Development Association (PDDA), the
Advisory Group— consisting of the PDDA, Pasco Chamber of Commerce, Columbia Basin
College, Pasco Community Development Department, and Council members Yenney and
Marlinez has recommended the formation and staffing of a PDA to undertake revitalization
and business support efforts focused on the Downtown area (Reference#1).
D. Formation of a PDA gained the consensus of Council at the October 25`s Workshop.
Council provided direction to prepare the necessary documents for formation and
irripIcnicrrtatioia of a TIDA and return the issue to Council for discussion. That information
was provided to Council at the Workshop meeting of November 22, 2010.
V. DISCUSSION:
A. A PDA would be a public corporation created by the City to perform particular public
purposes. A PDA would have authority as allowed by RCW 35.21.730 -755 and as
designated by City Council in its charter. PDA's are authorized to own and sell real
property, contract with the City to perform community renewal activities and perform all
types of eomrnunity services that the City itsel f nlay undertake.
B. The Implementing Ordinance (Reference #2) recites and applies applicable State law
includin; authority and limitations of the PDA, and is the legal mechanism by which the
PDA is created.
C. The City has considerable leeway in developing the charter that would be best suited for the
purpose of the PDA, The City is also able to appoint Board mombers of the PDA that have
particular technical skills Auld represent key stakeholders in the; Downtown area.
4(c)
D. The draft charter (Reference #3) expresses the purpose and role of the PDA. The charter
identifies what Council is directing the PDA to accomplish and provides flexibility since it
is likely the purpose and means of implementation may change in response to new needs
and opportunities, Parlicular Council review of the "Purpose" (Article IV), "Powers"
(Article V— Section 5,1) and "Board Composition" (Article VI —Section 6.1) should occur
tc assure tha.l these sections of the charter reflect Council sentiment.
E, The draft operating agreement(Reference #4) supplements the charter and provides specific
additional objectives that the PDA needs to accomplish in order to revitalize. Downtown.
The opera.ling agreement also contains a neap showing; the boundaries of t.hc authority of the
PDA. The operating agreement is to be revisited and approved by the 1'DA and the City
every two years,
F, The purpose and efforts of a PDA may also be effectively leveraged will► the Community
Development Block Grant (CDBG) program — specifically the formation of Neighborhood
Revitalization Strategy Area (NRSA). A NRSA would involve a comilurnity input and
planning effort to establish a vision and measurable goals for Downtown and the
surrounding area, and may allow increased flexibility in meeting CDBG regulations.
G, Council should also consider the appropriate name; for th.e new public corporation,
Suggestions include:
• Central Pasco Development Authority (CPD A)
• Pasco City Center Authority(PCCA)
• Central Pasco Development Corporation (CI'DC)
• Pasco Central 1`3usiness District (PCBD)
• Pasco Downtown Now (PDN)
11. The potential annual Cost of Operatinn5 and of revenue sources is as follows:
• Operations -- $94,000
o Director --- $65,000
o Rent--- $6,000
o Office equipmentfsupplies --- $2,000
o Utilities/telephone --- $3,000
o insurance --- $3,000
o Miscellaneous --- $15,000
• Revenues-- $94,000
• Earrrter's Market(net) --- S20,000
• Specialty Kitchen (net) --- $14,000
• City --- $60,000
1, Stall requests that Council provide staff with direction to proceed with final document
preparation for a decision on the formation of a PDA at the December 20, 2010 Council
meeting,
Reference #1
Downtown Revitalization
Advisory Group Recommendation
October 12,2010
Earlier this year, City Council determined that identifying an improved organizational structure
to lead downtown revitalization is a Council Goal for 2010-2011. Council has considered the
formation of a Public Development Authority (PDA) as a method to undertake revitalization
efforts in downtown, most recently at the Council Workshop of June 14, 2410.
As a result of direction received at the Council workshop meeting of June 14, 2010, an advisory
group was formed to explore the implications of forming a PDA for the Pasco downtown. The
group was tasked to evaluate if a PDA would be the most appropriate organizational structure to
assure downtown revitalization leadership.
The advisory group is composed of organizational representatives interested in revitalization and
a direction for positive change in downtown. Organizations included: the Pasco Downtown
Development Association; Pasco Chamber of Commerce; Tri-Cities Hispanic Chamber of
Commerce; Columbia Basin College; the City's Community Development Department; and
COUncilinembers Al Yenney and Saul Martinez.
The group met twice (July 14 and September 29) and discussed history and background of
downtown revitalization efforts; social and cultural change occurring in downtown; economic
challenges of many of the small businesses that comprise a majority of the downtown
storefronts; and how a Public Development Authority could differ from historical efforts. The
group acknowledged the difficulty of making measurable progress without a strong, accountable
and representative organization leading marketing, business support and revitalization efforts.
The advisory group has concluded the following:
I. Regardless of origin, it is very difficult for any private organization (including the PDDA
or the Hispanic Chamber of Commerce) to develop sufficient financial strength via
membership of downtown businesses and property owners.
2. Any organizational effort to realize meaningful change in downtown will require
sufficient financial resources, particularly to support appropriate organizational
leadership/management skills.
3. Creation of a Public Development Authority (PDA) with adequate financial commitment
from the City will establish an appropriate organizational structure for downtowzi
revitalization/improvement, including the opportunity to restore the "Mainstreet"
certification needed to qualify for the state's B&O tax grant program as well as other
benefits associated with utilization of the Mainstreet Program.
4. in addition to the fundamental activities of private organizations, a PDA can have
authority to undertake community renewal activities and other community service
functions that may be authorized by the City. These additional authorities present the
opportunity to more effectively leverage the interest of stakeholders and other
organizations to improve downtown.
5. A PDA is governed by the charter the City would prepare for its creation. The City has
considerable leeway in developing the charter to best suit the purposes of downtown
revitalization. The City would be responsible to appoint Board members, including the
ability to appoint persons that have particular professional skills as well as downtown
stakeholders(business and property owners).
The advisory group recommends the formation and staffing of a Public Development
Authority to undertake revitalization and business support efforts focused on the
downtown area.
1-141'Zx
Martin? aladez Dennis Gisi
Columbia Basin College Pasco Downtown Developme:it Association
Nik!, Gerds 4-C
Pasco Chamber of Commerce p is Chamber of Com:nerce
AI Yenney, ouncilm Saul Martinez, Councilmember
Pasco City, ouncil Pasco City Council
DOWNTOWN REVITALIZATION
ADVISORY GROUP RECCOMENDATiON
Page 2
Reference #2
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington,
Creating the Downtown Pasco Development Authority; Approving
a Charter Therefore and Initial Bylaws for the Conduct of its
Affairs; and Establishing and Providing for the Appointment of
Board of Directors
WHEREAS, the City Council of the City of Pasco, Washington, has recognized that a strong and
vibrant downtown City corn; is essential to provide for the economic stability of the community and the
source of services to provide for its citizens. As a result, the City Council has established as a goal,
identification and establishment of the most effective organizational structure for revitalizing the
downlowii area; and
W14KREAS, the legislature of the State of Washington has authorized cities to create public
corporations under RCW 35.21.730 through RCW 31.21.755 to meet these types of goals; and
WHEREAS, the City Council has determined that such an Authority would provide the best
or;;arrizational Structure for revitalizing the City's downtown area; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO HEREBY
ORDAIN AS FOLLOWS:
Section 1. Authority Created. As authorized by RCW 35.21.730 through RCW 35.21.755, a
public authority with powers and limitations as set forth in State law and the charter approved hereby, is
hereby created to administer and execute Federal grants or programs; to receive and administer private
fiends, goods or services for any lawful public service; and to perform any lawful public purpose or public
function to provide for the revitalization and enhancement of the downtown Pasco area as defined below.
Lawful public purposes or public functions shall include, but are not limited to improving the
administration of authorized Federal grants or programs; State programs, including the "Main. Street"
program, developing a strategic revitalization plan; and to assist and promote the implementation of such
flan, and such other purposes and functions as may be delegated by the City.
Section 2. City Liabilitv_Limited. This Authority is an independent legal entity exclusively
responsible for its own debts, obligations and liabilities. All liabilities incurred by the Authority shall be
satisfied exclusively from (lie assets and properties of the Authority, and no creditor or other person shall
have the right or cause or action against the City creating the Authority on account of any debts,
obligations, or- liabilities of the Authority,
Section 3. Name, The narne of the public Authority shall be the Downtown? Pasco
Development Authority.
Section 4. Authority Boundaries. The boundaries of the Downtown Pasco Development
Arrtlxirity are designated on Exhibit A, attached hereto and incorporated herein by reference. The
ptriI)oses of functions of the Downtown Pasco Development Authority shall be primarily addressed to.the
revitalization and improvement, and operation of programs and facilities within that territory designated
on Exhibit A subject to expansion of such boundaries by the City Council.
Section 5, Definitions, As used herein,the term:
Ordinance Creating the
Downtown Pasco Development Authority - 1
A. "Board of Directors" or"Board" means the governing body vested with the management
of die affairs of the Downtown Pasco Development Authority.
B. "Bylaws" means the rules adopted for the regulation or management of the affairs of the
Downtown Pasco Development Authority adopted by this Ordinance and all subsequent amendments
Ihcreto,
C. "Charter" means the articles of organization of the Downtown Pasco Development
Authority adopter{ by this Ordinance and all subsequent amendments thereto.
D. "City" means the City of Pasco, Washington.
E. "City Clerk"means the clerk of the City of Pasco, Washington, or the cleric's designee or
successor official performing such duties of the clerk as defined by law.
F. "City Council" means the City Council of the City of Pasco, Washington.
G. "Manager" means the City Manager of the City of Pasco, Washington.
H. "Mayor" means the Mayor of the City of Pasco, Washington.
1. "Public Authority" or "Authority" or "Public Development Authority" means the
Downtown Pasco Development Authority created under this Ordinance.
Section 6. Powers - - Generally. Except as otherwise limited by the Washington State
Constitution, laws of the State of Washington, this Ordinance, or the charter approved thereby, the
Downtown Pasco Development Authority shall have and may exercise all lawful powers necessary or
convenient to effect the purposes for which the Authority is organized, and to perform authorized
corporate functions, including, but not limited to,the power to:
A. Own and sell real and personal properties.
B. Contract for any corporate purpose with the United States, the State of Washington, and
any political subdivision or agency of either, and with individuals, associations and private business
entities.
C. Sue and be sued in its name and capacity.
D. Lend and borrow funds.
Ll. Perform all manner and type of community services and activities as permitted by law.
F. Provide and implement such municipal and community services and functions as the City
Council, may by Ordinance, direct.
G. Receive and administer federal or private funds, goods or services to fill the purposes of
the Authority.
it. Recommend to the City Council public improvements and expenditures in the Authority
area.
Ordinance Creating the
Downtown Pasco Development Authority- 2
1. Initiate, carry out, and complete such programs and improvements consistent with the
charter, strategic revitalization plan, and authorization by the City CouTicil.
Section 7. Charter. The charter of the Downtown Pasco Development Authority, as
attached as Exhibit B to this Ordinance, is hereby approved establishing the purposes, powers and rules
for the conduct of the business of the Authority. The charter may only be amended by City Ordinance
adopted at, or after a public hearing held after notice to the Authority and the Board of Directors affording
a reasonable opportunity to be heard to prosent testimony.
Section 8. Effect of Issuance of Charter. The Downtown Pasco Development Authority
shall commence its existence upon the effective date of this Ordinance, and shall commence doing
business according to the terms of this charter and bylaws upon the appointment of the initial Board of
Directors and its organizational meeting.
Section 9. Bylaws. The initial bylaws of the Downtown Pasco Development Authority as
attached as Exhibit C to this Ordinance incorporated herein by reference, are hereby approved for use and
implementation by the Authority. The power to alter, amend, or repeal the bylaws or adopt new bylaws
shall be vested in the Board of Directors of the Authority except as may be in conflict with State law, or
the charter. The bylaws shall be consistent with the charter. In the event of a conflict between the bylaws
and this Ordinance or the charter, this Ordinance or the charter, as the case may be, shall control.
SectioIt 10. Board of Directors. The Board of Directors shall consist of nine (9) Directors
established to govern the affairs of the Authority. The Directors shall be appointed and serve their terms
as provided in the charter. Members of the Board shall be appointed by the Mayor of the City of Pasco
subject to confirmation by the Pasco City Council. All corporate powers -of the Authority shall be
exercised by or under the direction of the Board of Directors, and the business, property and affairs of the
Authority shall be managed under the supervision of the Board of Directors, except as may be otherwise
provided by law or in the charter.
Section 11. Organizational Meeting. Upon appointment and confirmation of the initial Board
of Directors, an organizational meeting of the Board shall be called upon ten (10) days advanced written
notice to each Director unless such notice is waived in writing at the initial meeting. At such meeting, the
Board shall organize itself, appoint officers, and conduct its business consistent with the terms of the
charter and bylaws.
Section 12. Quorum. At all meetings of the Board of Directors, not less than five Directors
shall constitute a quorum.
Section 13. Dissolution.
A. If the City Council by majority votes makes an affirmative finding that dissolution is
warranted For any r(aisi)n, the cxistencu cif the Downtown Pasco Development Authority may be
terminated by Ordinance of the City Council adopted at or after a public hearing, held with notice to the
Directors of the Authority and affording them a reasonable opportunity to be heard and present testimony.
Dissolution shall be accomplished as provided in the charter, and shall not take effect until proper
provision has been made for the disposition of all Authority assets.
B. Upon dissolution of the Authority or the winding up of its affairs, title to all remaining
assets or property of the Authority shall vest in the City of Pasco unless the City Council ar trustee, if
appointed, or a Court having jurisdiction, has provided for the transfer of any Authority rights, assets, or
Ordinance Creating the
Downtown Nsco Development Authority - 3
property to a qualified entity or entities xhich will fulfill the purposes for which the Authority was
created.
Section 14. Ancillary Authority. The City Manager is granted all such power and authority
as reasonably necessary or convenient to administer the implementation of this Ordinance, and to perform
the duties imposed in this Ordinance or the Authority charter.
Section 15. Construction, This Ordinance shall be liberally construed so as to effectuate its
purposes and the purposes authorized by law,
Section 16. Severability, If any one or more sections, subsections, or sentences of this
Ordinance are held to be unconstitutional or invalid, such decision shall not affcet, the validity of the
remaining portion of this Ordinance and the same shall remain in full force and effect.
Section 17. Effective Date. This Ordinance shall take full force and effect on the day of
January, 2011.
PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law
this day of .2010.
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORrv1:
Debbie Clark Leland B, Kerr
Pity cierlt City Attoeney
Ordinance Creating the
Downtown Pasco Development Authority - 4
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NNE Legend PM OFIP41
City of Pasco C= Public Development Authority R-1 LOW DENSITY RESIDENTIAL "O"OPFiGE
Schools R-2 MEDIUM DENSITY RESIDENTIAL C-1 RETAIL BUSINESS
Public Development M Parks R-3 MEDIUM DENSITY RESIDENTIAL C-2 CENTRAL BUSINESS
Authority Civic Centers R-4 HIGH DENSITY RESIDENTIAL C-3 GENERAL BUSINESS
�� 1-1 LIGHT INDUSTRIAL
EXHIBIT "B"
Proposed Charter
Please See Reference #3 in the Agenda Report
Exhibit "C"
CITY OF PASCO
PUBLIC DEVELOPMENT AUTHORITY
BY-LAWS
We, THE MEMBERS OF THE PASCO PUBLIC DEVELOPMENT AUTHORITY of the City of
Pasco, State of Washington, do hereby adopt and dcclare the following bylaws;
NAME--The official name shall be to be determined
POWERS AND DUTIES—The major responsibilities of the PDA shall include:
• Review of City plans and policies. The PDA. shall review existing and
evolving City land use and capital improvement plans and policies affecting
the Downtown Area.
• Financing StrateM . In collaboration with City staff and/or other
professionals, the PDA will develop a comprehensive inventory of public and
private capital and development financing tools and incentives that may be
available to support its efforts. These should include tax credits or other
incentives and identification of infrastructure and other public capital
investments that may be necessary to support private redevelopment
projects. The PDA shall coordinate with the City in establishing realistic
costs for such projects and understanding how such projects may align
with existing City infrastructure and capital improvement plans and
priorities.
• Marketing. The PDA shall develop a strategy to identify and promote the
Downtown Area including the opportunities associated with the Farmer's
Market and Specialty Kitchen, Such a marketing strategy shall include but
not be limited to web based strategies, information and promotional
brochures and videos.
• Fa ade Improvement Program. The PDA shall provide information,
applications and professional assistance to Downtown Area property
owners wishing to participate in an approved and funded Community
Development Block Grant facade program.
• Business Meetings. The PDA shall conduct at least two business meetings
annually for Downtown Area merchants and property owners. Additional
meetings may be conducted as determined by the Board.
• Promotional Events. The PDA may conduct or implement promotional or
special events that contribute to the success of the Downtown Area or
otherwise advance the goals of the PDA.
MEMBERS. The Board of the PDA shall be composed of nine members. The mayor of Pasco
shall appoint all board members subject to confirmation by the Pasco City Council. Five
board members shall be representative of for-profit business or property owners within the
downtown area. At least two members of the board shall be representative of the banking
and/or real estate profession and at least two board members shall be representative of
business or corporate management. The Board shall provide for agency liaisons to establish
and maintain a constructive relationship. The Board anticipates that Columbia Basin
College, Pasco Chamber of Commerce, Tri Cities Hispanic Chamber and the City of Pasco
will appoint such liaisons and be available to the Beard for consultation but shall not have
voting privileges.
The terms of office of the initially appointed Board members shall commence on the
effective date of this charter and be staggered as follows:
a, 6rroup 1 . Four members for two year terms;
b. Group 2. Three members for three year terms; and
c. Group 3. Two members for four year terms.
Thereafter, each member shall be appointed to serve four year terms.
MEETINGS. All meetings shall be held in to be determined, unless otherwise directed by
the Chair.
The Board shall meet as necessary, but not less than once each quarter per calendar
year. A meeting may be cancelled if no issues over which the Board has jurisdiction
are pending upon its calendar. Additional special meetings may be scheduled as
directed by the Chair.
All regularly scheduled meetings of the Board shall be open to the public and otherwise
conform to the State of Washington's Open Public Meetings Act.
The Board shall follow parliamentary procedures during all discussions, deliberations and
voting.
ELECTION OF OFFICERS. The officers of the Board shall consist of a Chair, Vice-Chair,
and Secretary and other officers as the Board may, by majority vote, approve and appoint.
The officers shall serve for a period of two years or until their successors are elected,
provided, however, that any officer may be removed at any time by vote of a majority of the
Board entered on record. The election of officers shall take place once each biennium at the
first regular meeting of the calendar year.
CHAIR. The Chair shall preside over the meetings of the Board and may exercise all the
powers usually incident to the office retaining, however, to himself/herself as a. member of
the Board, the full right to have his/her own vote recorded in all deliberations of the Board.
The Chair shall have full power to create standing or temporary committees of one or more
members, charged with such duties, as the Board will determine. No standing or temporary
committee shall have the power to commit the Board to the endorsement of any plan,
prograrn or action without its submission to the entire body of the Board.
VICE-CHAIR. The Vice-Chair shall, in the absence of the Chair from any meetings,
perform all the duties incumbent upon the Chair. When both the Chair and Vice-Chair are
absent, the members present may elect for the meeting a temporary chair who shall have
full powers of the Chair during the absence of the Chair and Vice-Chair.
SECRETARY. The Secretary may be a member of the Board or otherwise as the Board may
determine. The Secretary shall keep a record of all meetings of the Board and of its
committees when requested to do so, and these records shall remain the property of the
Board and be retained at such office as the Board may direct. In the absence of the
Secretary from any meeting, a Secretary pro-tem shall be appointed.
In such case where the Secretary is a PDA Employee, appointed by the PDA 2s the
designated representative to the Board, said Employee shall be ex officio in nature, and
shall not have voting privileges.
QUORUM. Five members of the PDA Board shall constitute a quorum for the transaction
of business. The concurring vote of a majority of the members present -- but not less than
five votes - shall be required for any action taken. Where a majority vote is not forthcoming
the matter shall be considered as being denied unless the Board takes further aclion.
ATTENDANCE OF MEMBERS. Attendance at regular and special meetings of the Board is
expected. Any member anticipating an absence from an official meeting should notify the
Chairperson or Secretary in advance. Failure to notify the Chairperson or Secretary of an
anticipated absence shall be regarded as an unexcused absence. Board members may be
removed from their appointment if they have two or more unexcused absences in any
calendar year.
CONFLICT OF INTEREST/APPEARANCE OF FAIRNESS. Any member of the Board who
has an interest or a potential conflict of interest related to any matter before the Board
shall so publicly indicate, shall step down, and shall abstain from all proceedings,
deliberations and voting on the matter. If of a minor nature, the member may step down
and address the Board as any other citizen in accordance with the Appearance of Fairness
Doctrine and State Law.
MOTIONS AND VOTING. Motions shall be restated by the Chairperson before a vote is
taken. In the event of a tie vote - the Board has not taken an action. Proxy votes of
members shall not be allowed. Any action taken, by a majority of those Board members
present, when those present constitute a quorum, shall be deemed and taken as the action
of the Board.
AMENDMENTS. Any Board member may introduce a proposed amendment to the Bylaws
at any regular meeting or any special meeting of which ten days advance notice has been
given to members of the Board. The notice shall include the text of the proposed
amendment and a statement to its purpose and effect. Amendment must occur at a regular
or special meeting by the affirmative vote of two thirds of the members of the Board.
REFERENCES
City of Pasco Ordinance to be determined
P..CW Chapter 42.30, Open Public Meetings Act
RCW Chapter 35.21,730 - 755 Public Corporations
Passed by the PDA this day of 2011.
Chair
PDA
ATTEST:
Reference #3
CHARTER OF THE DOWNTOWN PASCO DEVELOPMENT
AUTHORITY
ARTICLE 1
The Nance and Seal
Section 1.1 — Name. The name of this Authority shall be the Downtown Pasco Development Authority
hereinafter as referred to as "Authority" or"DPDA".
ARTICLE 11
Authority and Limit on Liability
Section 2.1 — Authority. The Authority is a }public authority organized pursuant to RCW 35.21.730
tktrou,h 757, as amended and Ordinance of the City of Pasco, Washington.
Section 2.2 — Limit on Liability. The Authority in all activities and transactions shall be limited in the
following resl,ccts:
a. The Authority shall have no power of eminent domain nor any power to levy taxes or special
assessments,
b. The Authority may not incur or create any liability that permits recourse by any party or
member of the public to any assets, services, resources or credit of the City of Pasco. All
liabilities incurred by the Authority shall be satisfied exclusively from the assets and credit of
the Authority; no creditor or other person shall have any recourse to the assets, credit or
services of the City on account of any debts, obligations, liabilities, acts or omissions of the
Authority.
ARTICLE III
Duration
The duration of the Authority shall be perpetual except as provided in the enacting ordinance.
ARTICLE IV
Purpose
The purpose of the Authority is to provide an independent legal entity to undertake, assist with,
implement and otherwise facilitate anti provide for the revitalization of the Pasco downtown; facilitate
and increase private investment in the downtown area; increase economic vitality of the Pasco downtown;
rlimin�rte hhghl, and create jobs; and cntcr into agreements with cultural, public, other not-for-profit
entities, and/or private firms for programs or projects consistent with this charter and the Operating
Agreement with the City of Pasco, and as authorized by state stat<tte.
ARTICLE V
Powers
Section 5.1 — Vowi-..rs. The Authority shall have and exercise all lawful powers conferred to it tltrotrgI
state laws, the enacting ordinance, this Charter and its bylaws and the Operating Agreement between the
Authority and the City of Pasco. The Authority in all activities and transactions shall be subject to the
powers, procedures and limitations contained in the Cnactirrg ordinance. The Authority may execute
contracts and other instrnn7ents with public, non-profit and/or private entities; buy, lease or otherwise
acquire real property; hold, clear or improve real property; borrow money and accept grants to carry out
Downtown improvements; provide loans, grants, or other assistance to property owners or tenants and
provide financial or technical assistance for job creation or rUention. The Authority may enter into lease
agreements with the City for City - owned properties and generally seek to improve the revenue
generation, attendance and econoinic productivity of those properties.
Section 5.2 — Indemnification. To the extent permitted by law, the Authority shall protect, defend, hold
harmless and indemnify any person who becomes a board mcinber, officer, employee or agent of the
Authorily, and who is a party or threatened to be made a party to a proceeding by reason related to that
person's conduct as a board member, officer, employee or agent of the Authority, against judgments,
lines, penalties, settlements, and reasonable expenses (including attorney's fees) incurred by him or her in
comiection with such proceeding, if such person acted in good faith and reasonably believed his or her
conduct to be in the Authority's best interests and if, in the ease of any criminal proceedings, he or she
had no reasonable cause to believe his or her conduct was unlawful. The indemnification and protection
provided herein shall not be deemed exclusive of any other rights to which a person may be entitled as a
matter of law or by contract or by vote of the Board of the Authority. The Authority may purchase and
maintain appropriate insurance for any person to the extent provided by the applicable law.
ARTICLE VI
Board
Section 6.1 — Board Composition. The Board of the Authority shall be composed of nine members. The
mayor of Casco shall appoint all Board nmenihers subject to conf'innation by the Pasco City Council. Five
Board members shall be representative of for-profit business or property owners within the downtown
area. At least two members of the Board shall be representative of the banking and/or real estate
profession and at least two Board members shall be representative of business or corporate manageirient.
The Board shall provide for agency liaisons to establish and maintain constructive working relationships
and to seek input regarding potential suitable Board candidates. The Board anticipates that organizations
Such as Columbia Basin Coliege, Pasco Chamber of Commerce and the Tri Cities hispanic Chamber inay
appoint such liaisons and be available to the Board for consultation but shall not have voting privileges.
Section 6.2 — Terms of Office. The terms of office of the initially appointed Board members shall
commence on the effective date of this charter and be staggered as follows:
a. Group 1. Four nienibers for two year terms;
b. Group 2. Three members for three year terms; and
c. Group 3. Two members for four year tenns.
Thereafter, each member shall be appointed to serve tour year terms.
Section 6.3 — Board Concurrence and Quorum defined. "Board concurrence" as used in this article,
may he obtained at any regular or special Board meeting by an affirmative vote of a majority of Board
members voting on the issue, provided that such majority equals not less than five votes.
A gtrorum to commence a Board meeting shall be no fewer than five members.
Section 6.4 — Officers and Division of Duties. The Authority shall have three or more officers. The
initial officers of the Authority shall be the President, Secretary-Treasurer and Executive Director. The
same person shall not occupy both the office of President and any office responsible for the custody of
funds and maintenance of accounts and finances. The President shall he the agent of the Authority for
service of process; the Bylaws may designate additional corporate officials a5 agents to receive or initiate
process. The Executive Director shall be the chief administrative staff person to the Board of the
Authority. The Authority may contract with the City of Pasco for a mutually agreed designee to serve as
its Executive Director. Subject to supervision by the Board of the Authority, the Executive Director shall
have primary responsibility for all matters involving day-to-day operations of the Authority and shall
nzake recommendations to the Board of the Authority on practices, policies and programs of the
Authority. He or she shall have such powers and perform such duties as niay be prescribed from time to
tinge by the Board and he or she shall be entitled to notices of'all meetings of the Board of the Authority
but shall not be entitled to be present during any discussions relating to his or her employment or
performrrtrce. The Board shall oversee the activities of the corporate officers, cstablish and/or implement
policy, participate in corporate activity in matters prescribed by City ordinance, and shall have
stewardship for management and determination of all corporate affairs.
Section 6.5 — Board Officer Election and Term of Office. Board officers shall be elected by the Board
at the first regular meeting of each year, for a one-year term, and each elected officer shall bold office
during said one-year term and until his or her Successor is elected. The first elected officers of the Board
shrill be elected by the Board at its organizational meeting or as soon as practicable following the Board's
creation of such elected office.
Section 6.6 — I+.xecutive Committee. The bylaws may provide for an executive committee, which shall
be appointed and/or removed by the Board, and shall have and exercise such authority of the Board in the
i'marnagement between, meetings of the Board as may be specified in the bylaws.
Section 6.7—Committees. The appointment of'other committees shall be provided in the bylaws.
Section 6.8 — Removal of the Board Member's. In addition to termination or dissolution of the
Authority, if it is determined for any reason that any or all the Board members should be removed with or
without cause after appointment by the mayor and confirmation by the City Council; the City Council
may by resolution remove any or all Board members. A vacancy or vacancies of the Board of the
Authority shall be deemed to exist in case of death, disability, resignation, removal, or forfeiture of
membership. Vacancies on the Board shall be filled by appointment in the same manner in which
members of the Board a1'e regularly appointed. Any person selected to fill a vacancy on the Board shall
serve (lie balance of the terni of the person being replaced.
ARTICLE VII
Meetings
Section 7.1 - Board Meetings. The Board shall meet as necessary but not less than once each quarter per
calendar year. Special meetings of the Board may be called as provided in the bylaws.
Section 7.2 — Open Public Meetings. Notice of the meeting shall be given to the, extent required by law
in a manner consistent with the Open Public /Meetings Act, Chapter 42.30 RCW. At such meeting any
citizen shall have a reasonable opportunity to address the Board orally or in writing.
Section 7.3 — Parliamentary Authority. The rules of Robert's Rules of Order (revised) shall govern the
Authority in all cases to which they are applicable, where they are not inconsistent with the Charter or
with the special rules of the Authority as set forward in the Bylaws.
Section 7.4 — Minutes. Copies of the minutes of all regular or special meetings of the Board shall be
available to any person or organization that requests them as required by state law; minutes with respect
to closed executive sessions need not be evade available. The minutes of all Board greetings shall include
a record of individual votes on all matters requiring Board approval.
ARTWLE VIII
Bylaws
The initial Bylaws may be amended by the Board to provide additional or different rules governing the
Authority and its activities as long as those are not inconsistent with this charter or with the enacting
ordinance. The Board may provide in the Bylaws for all matters of governance of the Authority.
ARTICLE IX
Amendment to Charter and Bylaws
Section 9.1 — Proposal to amend charter and bylaws. Any Board member inay introduce a proposed
amendment to the Charter or to the Bylaws at any regular meeting or any special meeting of which ten
drys advance; notice has been given to members of the Board. The notic;o shall include the text of the
proposed amendment and a statement to its purpose and effect.
Section 9.2 — City Council approval of proposed Charter Amendments. Proposed Charter
Amendments adopted by the Board shall be submitted to the City Council for approval. The Authority's
Charter may be amended only by ordinance.
Section 10 — Commencement. Th.e Authority shall commence its existence upon the issuance of its
Charter as sealed and attested by the City Clerk and the holding of the initial Board meeting.
Section 11 — Dissolution. Dissolution of the Authority shall be in the form and rnariner required by state
law, City ordinance and Operating Agreement, and the bylaws of the Authority. Upon dissolution of the
Authority and the disposition of its affairs, title to all remaining property or assets of the Authority shall
vest in the City of Pasco for use for public purposes.
Section 12. Approval of Charter. This original charter of the Authority is approved by Ordinance
adopted by the City of Pasco on
Certificate. 1, the undersigned, City Clerk of the City of Pasco, Washington (City) do hereby certify that
this Charter of the Downtown Pasco Development Authority is a true and correct original of such charter
as authorized by Ordinance of the City.
In witness whereof, f have hereunto set my hand and affixed the official seal of the City this day of
201_.
City Clerk of the City of Pasco, Washington
Reference #4
Downtown Pasco Development Authority
Operating Agreement
1. RECITALS
1.1 Pasco's Downtown Area ("The Downtown") is an important and significant resource to
the City in terms of economies, history, community identity ...
1.2 The Downtown was the community retail center until the 1960's. As in many other
communities throughout the region and nationally, that retail center declined in economic
importance in the 1970's and the 1980's due to a variety of issues including
decentralization of population, ernergence of new forms of retail including shopping
malls, deferred maintenance in older properties, and lack of effective resources for
coordinated initiatives f'or Downtown organization, design, promotion and ecoriornic
restructuring.
1.3 The Pasco Downtown Development Association (PDDA) was initiated in 1984 and
included efforts to form the Farmers Market, initiate the Fiery Food Festival, initiate and
participate in the Alain Street Program of Washington State, organize and implement the
Specialty Kitchen operations and provide focused organizational and marketing efforts.
1.4 In the last decade, the Main Street Program has not been reauthorized and membership in
the PDDA has declined.
1.5 The City has provided the PDDA with no cost lease arrangements for properties that
house the Farmers Market and the Specialty Kitchen as these properties offer an
opportunity to foster job creation, increase economic activity and promote recognition of
the Downtown.
1.6 The City is interested in optimizing the use of its properties located Downtown in an
effort to provide focused management in a manner that helps realize important City
policies and purposes.
1.7 The City is also interested in actively encouraging maintenance, reinvestment and
development of Downtown area properties by other property owners and by businesses,
public or non-profit organizations and residents as occupants.
1.8 The City has determined that the creation of an independent legal entity to undertake
specific projects is the best means to accomplish the City's management and
revitalization goals, including serving as a recipient of public funds from City, state and
federal sources together with private funds for purposes as mutually determined by this
entity and the City.
1.9 The purpose of this operating agreement is to allocate roles and responsibilities between
the City and the Downtown Pasco Development Authority £or downtown area
management, design, promotion, economic restructuring and related revitalization
activities. The Authority shall update the operating agreement every two years
commencing at the two year anniversary of the Authority's first regular meeting. The
operating agreement update shall be submitted to and must be approved by the City.
1.10 The boundaries of the PDA shall be as shown on neap attached as "Exhibit 1" to this
agreement.
2. DEFINITIONS
As used here, the following capitalized terms have these meanings:
"Authority"means the Downtown Pasco Development Authority (DPDA)
"PDDA" means the Pasco Downtown Development Association
"Board" means the Board of Directors of the Pasco Development Authority
"City"means the City of Pasco
"Downtown" or "Downtown Area" means the area of the business district and portions of the
abutting neighborhoods outlined in the map attached as Exhibit 1.
3. THE PASC.O DEVELOPMENT AUTHORITY ROLE
3.1 2nimiation of the Authority. The City may designate the Authority to manage the
Specialty Kitchen and the F'armer's Market located in the Downtown Area. The DPDA
may enter into a lease agreement mutually acceptable to the Authority and the City for
such management services. If such an agreement is executed, the Authority shall seek to
improve the performance of these City properties in respect to revenue generation,
attendance, job creation and economic productivity. The Authority may also be called
upon by the City to support, undertake or participate in other projects identified by the
City that may involve use of or assistance with non-City owned property in the
Downtown Area.
3.2 a .Up activities. The Authority will focus on the preparation and implementation of a
multi-year strategic plan for management and revitalization of the Downtown Area. The
strategic plan shall identify and prioritize specific management criteria, discuss public
and private investment needs, including public infrastructure and other capital
improvements supporting revitalization opportunities and describe marketing strategies
and procedures for increasing private investment in the Downtown Area. The strategic
plan will address the four points of the nationally recognized Main Street program for
organization, design, promotion and economic restructuring and will be reviewed with
the Pasco City Council prior to Authority adoption. The strategic plan will be updated on
a basis as mutually agreed between the Authority and the City.
4. MASCO DEVELOPMENT AUTHORITY STAFFING AND ADMINISTRATION
4.1 Executive Director, The Board shall employ or contract for the services of an executive
director to function as the chief executive officer to whom any other staff and/or
consultants will report. The executive director shall be responsible for serving as the
principal spokesperson of the Authority unless otherwise determined by the Board.
4.2if1 1st 'in -arid support. City staff will function as the initial Authority staff to support.
the Authority until it hires its own executive director. If mutually agreed, (as for
provision of employee benefits), hiring of an executive director and/or other staff as City
personnel may also be considered, but with reporting of such personnel to the Board of
the Authority . It is expected that the City may also provide financial and accounting
services, or other professional support in a manner and under terms agreeable to the City
and the Authority . The City may also provide funds for initial operating expenses,
4.3 Authority B_u g . Consistent with the City's budgeting schedule and procedures, the
DPDA will prepare and submit to the city manager a proposed annual budget. The budget
will describe the planned work for the year consistent with the Authority strategic plan
and management activities. In the context of the City's own annual budget process, the
City will assess resources available to the Authority including revenues generated by
properties it manages and revenues that may be derived from revitaliza.Lion and
promotional efforts. Authority accounting will be maintained as separate from other City-
related programs and services.
5. THE .PASCO DEVELOPMENT AUTHORITY REVITALIZATION PLAN AND
IMPLEMENTATION
5.1 Review of Citv pLa_ns and policies. The Authority shall review existing and evolving City
land use and capital improvement plans and policies affecting the Downtown Area.
5.2 Financin g 5tratt g . In collaboration with City staff and/or other professionals, the
Authority will develop a comprehensive inventory of public, non-profit and private
capital and development financing tools and incentives that may be available to support
its efforts. These sllould include tax credits or other incentives and identification of
infrastructure and other public capital investments that may be necessary to support
private redevelopment projects. The Authority shall coordinate with the City in
establishing realistic costs for such projects and understanding how such projects may
align with existing City infrastructure and capital improvement plans and priorities.
5.3 Marketing. The Authority shall develop a strategy to identify and promote the Downtown
Area including the opportunities associated with the Farmer's Market and Specialty
Kitchen. Such a marketing strategy shall include but not he limited to web based
strategies, information and promotional' brochures and videos aimed to encourage
participation by market and specialty kitchen users, vendors and customers.
5.4 Facade Improvement Program. The Authority shall provide information, applications and
professional assistance to Downtown Area property owners wishing to participate in an
approved and funded Community Development Block Grant fayade program.
5.5 Business Meetings. The Authority shall conduct at least two business meetings each year
for Downtown Area merchants and property owners. Additional meetings may be
conducted as determined by the Board. Meetings of the DPDA and its Board will be
conducted in a manner consistent with the State of Washington Open Public Meetings
Act, Chapter 42.30 RCW.
5.6 Promotional Events. The Authority may conduct, contract for, or otherwise implement
marketing, promotional or related special events that contribute to the success of the
Downtown Area or otherwise advance the goals of the City and the Authority .
6. PROPERTY MANAGEMENT
6.1 ReiationshiU with the Cif The Authority may develop for City review and approval
basic terms and conditions for management of City owned properties in the Downtown
Area. Upon mutual agreement of such terms and conditions, the Authority may retain
rents realized from management of such properties and may apply those toward its own
operating expenses.
6.2 Tenanting. In developing, improving and/or operating City owned or other properties, the
Authority shall seek to optimize the use and occupancy of such properties for which it
has ownership or management responsibilities. The Authority shall seek uses that
advance the public purpose in accordance with City plans and regulations for the
Downtown Area.
7. DPDA REPORTING REQUIREMENTS
7.1 Books and Records. On its own or as otherwise agreed with the City, the Authority shall
keep current and complete books and records of account and shall keep minutes of the
proceedings of its Board and its committees.
7.2 Meetinp- Notice, Notice of all meetings and minutes of such meetings of the Board shall
he given to the Clerk of the City of Pasco.
7.3 Annual Report, The Authority is required to prepare an annual report which shall
describe its activities for the prior year and its plans for the current year with emphasis on
the status of its responsibilities under this agreement.
7.4 City Audits. The City may conduct performance and financial audits of the Authority
The Authority agrees to cooperate in such audits.
8. INDEMNITIES AND INSURANCE
8.1 Indemnities. The Authority elects to defend and indemnify its present and former officials
and their successors, spouses and marital communities to the full extent authorized by law.
In addition, the right of indemnification shall inure to each Board member or officer and his
or her spouses or marital communities upon his or her appointment to the Board and in the
event of his or her death shall extend to his or her heirs, legal representatives and estate.
Each person who shall act as a Board member or officer of the Authority shall be deemed
to do so in reliance upon such indemnification and such rights shall not be exclusive of any
other right which he or she may have.
8.2 111surance. The Authority shall maintain in full force and effect public liability insurance in
an amount sufficient to cover potential claims for bodily injury, death or disability, and for
property damage, which may arise from or be related to projects and activities of the
Authority, naming the City of Pasco as an additional insured.
9. DEFAULT AND TERMINATION
9.1 Default. By its Charter, the Authority may not incur or create any liability that permits
recourse by any party or member of the public to any assets, services, resources or credit of
the City of Pasco. In the event of default by the Authority, the City is under no obligation to
cure such default. At its discretion, the City reserves the right to address issues related to
default by the Authority through its powers to audit, modify the Charter and bylaws,
remove board members, place the Authority into trusteeship, and/or terminate the
Authority.
9.2 Termination. If the Pasco City Council makes an affirmative finding that termination is
warranted for any reason, the existence of the Authority may be terminated by ordinance of
the City Council at or after a public hearing, held with notice to the Authority and affording
it a reasonable opportunity to be heard and present testimony.
9.3 Statement of Dissolution. Upon enactment of an ordinance by the Pasco City Council for
termination of the Authority or upon adoption of a resolution by the Authority for its own
dissolution,the Authority shall file a dissolution statement setting forth:
A. The name and principal office of the Authority;
B. The debts, obligations and liabilities of the Authority;
C. Any pending litigation or contingent liabilities;
D. The board resolution providing for such dissolution and the date(s) and proceedings
leading toward its adoption and whether the dissolution is voluntary; and
E. A list of persons to be notified upon completion of dissolution.
9.4 Dissolution Acceptance. In the event that the Pasco City Council shall receive a Statement
of Dissolution,the City Council shall review the statement filed and oversee the dissolution
to protect the public interest, or if so authorized by law, authorize or initiate proceedings tin
th superior court for the appointment and supervision of a receiver for such purposes. Upon
satisfactory completion of dissolution proceedings, the City Council shall indicate such
dissolution by inscription of"Charter canceled"on the original Charter of the Authority, on
file with the City Cleric and, when available, on the duplicate original of the Authority, and
the existence of the Authority shall cease. The City Clerk shall give notice thereof to the
Secretary of State and other persons requested by the Authority in its dissolution statement.
9.5 Dissolution —Disposition of Assets. Upon dissolution of the Authority and the disposition
of its affairs, title to all remaining property or assets of the Authority shall vest in the City
of Pasco for use for public purposes,
10. COMPLIANCE WITH CHARTER & STATE STATUTE
The Authority shall commence its existence on upon the issuance of the Charter. This
Operating Agreement shall be governed in accordance with the Charter and applicable laws
of the State of Washington.
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Cityof Pasco Public Development Authority R-1 LOW DENSITY RESIDENTIAL "O"OFFICE
_ Schools. R-2 MEDIUM DENSITY RESIDENTIAL C-1 RETAIL BUSINESS
Public Development Parks R-3 MEDIUM DENSITY RESIDENTIAL C-2 CENTRAL BUSINESS
Authority Civic Centers R-4 HIGH DENSITY RESIDENTIAL C-3 GENERAL BUSINESS
1-1 LIGHT INDUSTRIAL
Reference #5
RCW 35.21.730 - RCW 35.21.755
RCW 35.21.730
Public corporations-- Powers of cities, towns, and counties—Administration
In order to improve the administration of authorized federal grants or programs, to improve
governmental efficiency and services, or to improve the general living conditions in the urban
areas of the state, any city, town, or county may by lawfully adopted ordinance or resolution:
(1) Transfer to any public corporation, commission, or authority created under this section, with
or without consideration, any funds, real or personal property, property interests, or services;
(2) Organize and participate in joint operations or cooperative organizations funded by the
federal government when acting solely as coordinators or agents of the federal government;
(3) Continue federally-assisted programs, projects, and activities after expiration of contractual
term or after expending allocated federal funds as deemed appropriate to fulfill contracts made in
connection with such agreements or as may be proper to permit an orderly readjustment by
participating corporations, associations, or individuals;
(4) Enter into contracts with public corporations, commissions, and authorities for the purpose of
exercising any powers of a community renewal agency under chapter :).1,"1. RCW; and
(5) Create public corporations, commissions, and authorities to: Administer and execute federal
grants or programs; receive and administer private funds, goods, or services for any lawful public
purpose; and perform any lawful public purpose or public function. The ordinance or resolution
shall limit the liability of such public corporations, commissions, and authorities to the assets and
properties of such public corporation, commission, or authority in order to prevent recourse to
such cities, towns, or counties or their assets or credit.
[2002 c 218 § 23; 1985 c 332 § 1; 1974 ex.s. c 37 § 2.1
Notes:
Severability — Savings —Construction-- 2002 c 218: See notes following RCW .?,
RCW 35.21.735
Public corporations --Declaration of public purpose — Power and authority to enter into
agreements, receive and expend funds — Security --- Special funds -- Agreements to
implement federal new markets tax credit program.
(1) The legislature hereby declares that carrying out the purposes of federal grants or programs is
both a public purpose and an appropriate function for a city, town, county, or public corporation.
The provisions of RCW 35,21730 through 5 211 .755 and 35.21.M0 0 and 35.-'1,(,,'() and the
enabling authority herein conferred to implement these provisions shall be construed to
accomplish the purposes of RCW Vi,2 l ,73ri through 3_i., I .7�5.
Page 1 of 8
Reference
RCW 35.21.730 — RCW 35.21.755
(2) All cities, towns, counties, and public corporations shall have the power and authority to
enter into agreements with the United States or any agency or department thereof, or any agency
of the state government or its political subdivisions, and pursuant to such agreements may
receive and expend, or cause to be received and expended by a custodian or trustee, federal or
private funds for any lawful public purpose. Pursuant to any such agreement, a city, town,
county, or public corporation may issue bonds, notes, or other evidences of indebtedness that are
guaranteed or otherwise secured by funds or other instruments provided by or through the federal
government or by the federal government or an agency or instrumentality thereof under section
108 of the housing and community development act of 1974 (42 U.S.C. Sec. 5308), as amended,
or its successor, and may agree to repay and reimburse for any liability thereon any guarantor of
any such bonds, notes, or other evidences of indebtedness issued by such jurisdiction or public
corporation, or issued by any other public entity. For purposes of this subsection, federal housing
mortgage insurance shall not constitute a federal guarantee or security.
(3) A city, town, county, or public corporation may pledge, as security for any such bonds, notes,
or other evidences of indebtedness or for its obligations to repay or reimburse any guarantor
thereof, its right, title, and interest in and to any or all of the following: (a) Any federal grants or
payments received or that may be received in the future; (b) any of the following that may be
obtained directly or indirectly from the use of any federal or private funds received as authorized
in this section: (i) Property and interests therein, and (ii) revenues; (c) any payments received or
owing from any person resulting from the lending of any federal or private funds received as
authorized in this section; (d) any proceeds under (a), (b), or (c) of this subsection and any
securities or investments in which (a), (b), or (c) of this subsection or proceeds thereof may be
invested; (e) any interest or other earnings on (a), (b), (c), or (d) of this subsection.
(4) A city, town, county, or public corporation may establish one or more special funds relating
to any or all of the sources listed in subsection (3)(a) through (e) of this section and pay or cause
to be paid from such Fund the principal, interest, premium if any, and other amounts payable on
any bonds, notes, or other evidences of indebtedness authorized under this section, and pay or
cause to be paid any amounts owing on any obligations for repayment or reimbursement of
guarantors of any such bonds, notes, or other evidences of indebtedness. A city, town, county, or
public corporation may contract with a financial institution either to act as trustee or custodian to
receive, administer, and expend any federal or private funds, or to collect, administer, and make
payments from any special fund as authorized under this section, or both, and to perform other
duties and functions in connection with the transactions authorized under this section. If the
bonds, notes, or other evidences of indebtedness and related agreements comply with subsection
(6) of this section, then any such funds held by any such trustee or custodian, or by a public
corporation, shall not constitute public moneys or funds of any city, town, or county and at all
times shall be kept segregated and set apart from other funds.
(5) For purposes of this section, "lawful public purpose" includes, without limitation, any use of
funds, including loans thereof to public or private parties, authorized by the agreements with the
United States or any department or agency thereof under which federal or private funds are
obtained, or authorized under the federal laws and regulations pertinent to such agreements.
(6) If any such federal or private funds are loaned or granted to any private party or used to
Page 2 of 8
Reference .
RCW 35.21.730 — RCW 35.21.755
guarantee any obligations of any private patty, then any bonds, notes, other evidences of
indebtedness issued or entered into for the purpose of receiving or causing the receipt of such
federal or private funds, and any agreements to repay or reimburse guarantors, shall not be
obligations of any city, town, or county and shall be payable only from a special fund as
authorized in this section or from any of the security pledged pursuant to the authority of this
section, or both, Any bonds, notes, or other evidences of indebtedness to which this subsection
applies shall contain a recital to the effect that they are not obligations of the city, town, or
county or the state of Washington and that neither the faith and credit nor the taxing power of the
state or any municipal corporation or subdivision of the state or any agency of any of the
foregoing, is pledged to the payment of principal, interest, or premium, if any, thereon. Any
bonds, notes, other evidences of indebtedness, or other obligations to which this subsection
applies shall not be included in any computation for purposes of limitations on indebtedness. To
the extent expressly agreed in writing by a city, town, county, or public corporation, this
subsection shall not apply to bonds, notes, or other evidences of indebtedness issued for, or
obligations incurred for, the necessary support of the poor and infirm by that city, town, county,
or public corporation.
(7) Any bonds, notes, or other evidences of indebtedness issued by, or reimbursement obligations
incurred by, a city, town, county, or public corporation consistent with the provisions of this
section but prior to May 3, 1995, and any loans or pledges made by a city, town, or county in
connection therewith substantially consistent with the provisions of this section but prior to May
3, 1995, are deemed authorized and shall not be held void, voidable, or invalid due to any lack of
authority under the laws of this state.
(8) All cities, towns, counties, public corporations, and port districts may create partnerships and
limited liability companies and enter into agreements with public or private entities, including
partnership agreements and limited liability company agreements, to implement within their
boundaries the federal new markets tax credit program established by the community renewal tax
relief act of 2000 (26 U.S.C. Sec. 45D) or its successor statute.
f2007 c 230 § 2; 1995 c 212 § 2; 1985 c 332 § 3; 1974 ex.s. c 37 § 3.]
Notes:
Purpose — 2007 c 230: "The purpose of this act is to assist community and economic
development by clarifying how cities, towns, counties, public corporations, and port districts
may fully participate in the federal new markets tax credit program." [2007 c 230 § 1.1
Construction -- 2007 c 230: "The authority granted by this act is additional and supplemental to
any other authority of any city, town, county, public corporation, or port district. This act may
not be construed to imply that any of the power or authority granted in this act was not available
to any city, town, county, public corporation, or port district under prior law. Any previous
actions consistent with this act are ratified and confirmed." [2007 c 230 § 3.3
Severability -- 2007 a 230: "If any provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the application of the provision to other
Page 3 of 8
Reference
RCW 35.21.730 — RCW 35.21.755
persons or circumstances is not affected." [2007 c 230 § 4.]
Purpose -- 1995 c 212: "The purpose of this act is to assist community and economic
development by clarifying the authority of all cities, towns, counties, and public corporations to
engage in federally guaranteed "conduit financings" and to specify procedures that may be used
for such conduit financings. Generally, in such a conduit financing a municipality borrows funds
from the federal government or from private sources with the help of federal guarantees, without
pledging the credit or tax revenues of the municipality, and then lends the proceeds for private
projects that both fulfill public purposes, such as community and economic development, and
provide the revenues to retire the municipal borrowings. Such conduit financings include
issuance by municipalities of federally guaranteed notes under section 108 of the housing and
community development act of 1974, as amended, to finance projects eligible under federal
community development block grant regulations." [1995 c 212 § 1.]
Severability -- 1995 c 212: "If any provision of this act or its application to any person or
circumstance is held invalid, the remainder of the act or the application of the provision to other
persons or circumstances is not affected." [1995 c 212 § 3.1
Construction -- 1995 c 212: "The authority granted by this act is additional and supplemental to
any other authority of any city, town, county, or public corporation. Nothing in this act may be
construed to imply that any of the power or authority granted hereby was not available to any
city, town, county, or public corporation under prior law. Any previous actions consistent with
the provisions of this act are ratified and confirmed." [1995 c 212 § 4.1
Effective date -- 1995 c 212: "This act is necessary for the 'immediate preservation of the public
peace, health, or safety, or support of the state government and its existing public institutions,
and shall take effect immediately [May 3, 1995]." [1995 c 212 § 5.]
RCW 35.21.740
Public corporations — Exercise of powers, authorities, or rights — Territorial
jurisdiction.
Powers, authorities, or rights expressly or impliedly granted to any city, town, or county or their
agents under any provision of RCW '14,.21 ,730 through 5.) 1.75,� shall not be operable or
applicable, or have any effect beyond the limits of the incorporated area of any city or town
implementing RCW 4i.5%21 ..730 through 35.."1 .7-�5, unless so provided by contract between the
city and another city or county.
[1985 c 332 § 4; 1974 ex.s. c 37 § 4.]
RCW 35.21.745
Page 4of8
Reference
RCW 35.21.730 -- RCW 35.21.755
Public corporations — Provision for, control over— Powers.
(1) Any city, town, or county which shall create a public corporation, commission, or authority
pursuant to RCW ,35.21.73() or 35.2 1.600. shall provide for its organization and operations and
shall control and oversee its operation and funds in order to correct any deficiency and to assure
that the purposes of each program undertaken are reasonably accomplished.
(2) Any public corporation, commission, or authority created as provided in RCW 3J.21,730
may be empowered to own and sell real and personal property; to contract with a city, town, or
county to conduct community renewal activities under chapter 3�. 1. RCW; to contract with
individuals, associations, and corporations, and the state and the United States; to sue and be
sued; to loan and borrow funds and issue bonds and other instruments evidencing indebtedness;
transfer any funds, real or personal property, property interests, or services; to do anything a
natural person may do; and to perform all manner and type of community services. However, the
public corporation, commission, or authority shall have no power of eminent domain nor any
power to levy taxes or special assessments,
[2002 c 218 § 24; 1985 c 332 § 2; 1974 ex.s. c 37 § 5.)
Notes:
Severability -- Savings — Construction -- 2002 c 218: See notes following RCW 35.E 1.00i'
RCW 35.21.747
Public corporations -- Real property transferred by city, town, or county ---Restrictions,
notice, public meeting.
(1) In transferring real property to a public corporation, commission, or authority under RCW
' " I - the city, town, or county creating such public corporation, commission, or authority
shall impose appropriate deed restrictions necessary to ensure the continued use of such property
for the public purpose or purposes for which such property is transferred.
(2) The city, town, or county that creates a public corporation, commission, or authority under
RCW 3 .211_7 0 shall require of such public corporation, commission, or authority thirty days'
advance written notice of any proposed sale or encumbrance of any real property transferred by
such city, town, or county to such public corporation, commission, or authority pursuant to RCW
. 5-' 1.7300).1.7300). At a minimum, such notice shall be provided by such public corporation,
commission, or authority to the chief executive or administrative officer of such city, town, or
county, and to all members of its legislative body, and to each local newspaper of general
circulation, and to each local radio or television station or other news medium which has on file
with such corporation, commission, or authority a written request to be notified.
Page 5 of 8
Reference
RCW 35.21.730 ---RCW 35.21.755
(3) Any property transferred by the city, town, or county that created such public corporation,
commission, or authority may be sold or encumbered by such public corporation, commission, or
authority only after approval of such sale or encumbrance by the governing body of the public
corporation, commission, or authority at a public meeting of which notice was provided pursuant
to RCW 42:'().()$0. Nothing in this section shall be construed to prevent the governing body of
the public corporation, commission, or authority from holding an executive session during a
regular or special meeting in accordance with RCW 42,,0J_.10(1)(c). In addition, the public
corporation, commission, or authority shall advertise notice of the meeting in a local newspaper
of general circulation at least twice no less than seven days and no more than two weeks before
the public meeting.
[1990 c 189 § 1.1
RCW 35.21.750
Public corporations —Insolvency or dissolution.
In the event of the insolvency or dissolution of a public corporation, commission, or authority,
the superior court of the county in which the public corporation, commission, or authority is or
was operating shall have jurisdiction and authority to appoint trustees or receivers of corporate
property and assets and supervise such trusteeship or receivership: PROVIDED, That all
liabilities incurred by such public corporation, commission, or authority shall be satisfied
exclusively from the assets and properties of such public corporation, commission, or authority
and no creditor or other person shall have any right of action against the city, town, or county
creating such corporation, commission or authority on account of any debts, obligations, or
liabilities of such public corporation, commission, or authority.
(1974 ex.s. c 37 § 6.1
RCW 35.21.755
Public corporations —Exemption or immunity from taxation—In lieu excise tax.
(1) A public corporation, commission, or authority created pursuant to RCW
3;=1.06.0, or , 1.if 20 shall receive the same immunity or exemption from taxation as that of
the city, town, or county creating the same. PROVIDED, That, except for (a) any property within
a special review district established by ordinance prior to January 1, 1976, or listed on or which
is within a district listed on any federal or state register of historical sites or (b) any property
owned, operated, or controlled by a public corporation that is used primarily for low-income
housing, or that is used as a convention center, performing arts center, public assembly hall,
public meeting place, public esplanade, street, public way, public open space, park, public utility
corridor, or view corridor for the general public or (c) any blighted property owned, operated, or
controlled by a public corporation that was acquired for the purpose of remediation and
Page 6of8
Reference
RCW 35.21.730 --RCW 35.21.755
redevelopment of the property in accordance with an agreement or plan approved by the city,
town, or county in which the property is located, or (d) any property owned, operated, or
controlled by a public corporation created under RCW 81.1 12.320, any such public corporation,
commission, or authority shall pay to the county treasurer an annual excise tax equal to the
amounts which would be paid upon real property and personal property devoted to the purposes
of such public corporation, commission, or authority were it in private ownership, and such real
property and personal property is acquired and/or operated under RCW ;L5 ' 1,73() through
35-2 1 -7>5, and the proceeds of such excise tax shall be allocated by the county treasurer to the
various taxing authorities in which such property is situated, in the same manner as though the
property were in private ownership: PROVIDED FURTHER, That the provisions of chapter
?9:1 RCW shall not apply to property within a special review district established by ordinance
prior to January 1, 1976, or listed on or which is within a district listed on any federal or state
register of historical sites and which is controlled by a public corporation, commission, or
authority created pursuant to RCW .?,1,730 or 1�.21.660, which was in existence prior to
January 1, 1987: AND PROVIDED FURTHER, That property within a special review district
established by ordinance prior to January 1, 1976, or property which is listed on any federal or
state register of historical sites and controlled by a public corporation, commission, or authority
created pursuant to RCW 35.21 .730 or 35_21 .660, which was in existence prior to January 1,
1976, shall receive the same immunity or exemption from taxation as if such property had been
within a district listed on any such federal or state register of historical sites as of January 1,
1976, and controlled by a public corporation, commission, or authority created pursuant to RCW
1 .7,3 0 or 3 5.'1 .00() which was in existence prior to January 1, 1976.
(2) As used in this section:
(a) "Low-income" means a total annual income, adjusted for family size, not exceeding
fifty percent of the area median income.
(b) "Area median income" means:
(i)For an area within a standard metropolitan statistical area, the area median
income reported by the United States department of housing and urban
development for that standard metropolitan statistical area; or
(ii) For an area not within a standard metropolitan statistical area, the county
median income reported by the *department of community, trade, and economic
development.
(c) "Blighted property" means property that is contaminated with hazardous substances as
defined under RCW 7().11151).eJ?0.
Page 7 of 8
Reference
RCW 35.21.730 — RCW 35.21.755
[2007 c 104 § 16; 2000 2nd sp.s. c 4 § 29; 1999 c 266 § 1; 1995 c 399 § 38; 1993 c 220 § 1; 1990
c 131 § 1; 1987 c 282 § 1; 1985 c 332 § 5; 1984 c 116 § 1; 1979 ex.s. c 196 § 9; 1977 ex.s. c 35 §
1; 1974 ex.s. c 37 § 7.] ' .
Notes:
*Reviser's note: The "department of community, trade, and economic development" -was
renamed the "department of commerce" by 2009 c 565.
Application -- Construction -- Severability -- 2007 c 104: See RCW 64.70.01.5 and ci.4.70.900.
Findings-- Construction -- 2000 2nd sp.s. c 4 §§ 18-30: See notes following RCW `1 . 1 .12.300.
Effective date -- 1979 ex.s, c 196: See note following RCW Qm4.'4(7.
Effective date -- 1977 ex.s. c 35: "This 1977 amendatory act is necessary for the immediate
preservation of the public peace, health, and safety, the support of the state government and its
existing public institutions, and shall take effect July 1, 1977." [1977 ex.s. c 35 § 2.]
Page 8 of 8