HomeMy WebLinkAbout2012.05.21 Council Meeting PacketRegular Meeting
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance
AGENDA
PASCO CITY COUNCIL
7:00 p.m.
May 21, 2012
3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the
City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be
no separate discussion of these items. If further discussion is desired by Councilmembers or the public,
the item may be removed from the Consent Agenda to the Regular Agenda and considered separately.
(a) Approval of Minutes:
1. Minutes of the Pasco City Council Meeting dated May 7, 2012.
(b) Bills and Communications: (A detailed listing of claims is available for review in the Finance
Manager's office.)
To approve General Claims in the amount of $1,095,960.98 ($220,552.73 in the form of
Electronic Fund Transfer Nos. 9962, 9966, 10000, 10012, 10016, 10032 and 10054; and
$875,408.25 in the form of Wire Transfer Nos. 1204, 1205 and 1206; and Claim Warrants
numbered 187709 through 187924).
2. To approve bad debt write -offs for utility billing, ambulance, cemetery, general accounts,
miscellaneous accounts, and Municipal Court (non - criminal, criminal and parking) accounts
receivable in the total amount of $209,813.56 and, of that amount, authorize $114,638.63 be
turned over for collection.
(c) Housing Authority Board Appointment:
1. Agenda Report from Gary Crutchfield, City Manager dated May 16, 2012.
To appoint Greg Garcia to Position No. 4 on the City of Pasco and Franklin County Housing
Authority Board, term to expire 1/28/15.
(d) Franklin County Homeless Housing and Assistance Interlocal Agreement:
1. Agenda Report from Rick White, Community & Economic Development Director dated May
8, 2012.
2. April 19, 2012 letter from Benton Franklin Counties Department of Human Services, and
proposed amendment to the Franklin County Homeless Housing and Assistance Interlocal
Agreement.
3. Original December 2005 Interlocal Agreement.
To approve the Amendment to the Interlocal Agreement with Franklin County, Connell, Mesa
and Kahlotus for the purpose of administering the Washington State Homeless Housing and
Assistance Act generated funds for housing programs and, further, authorize the Mayor to sign
the Amendment.
(e) Interagency Agreement for Summer School Services:
1. Agenda Report from Robert Metzger, Chief of Police dated May 8, 2012.
2. Proposed Interagency Agreement.
To approve the Interagency Agreement with the Pasco School District for summer school
services and, further, authorize the Mayor to sign the agreement.
*(f) Resolution No. 3404, a Resolution fixing the time and date for a public hearing to consider the
vacation of a portion of East Clark Street.
1. Agenda Report from Shane O'Neill, Planner I dated May 14, 2012.
2. Overview Map.
3. Vicinity Map.
4. Proposed Resolution.
5. Vacation Petition.
To approve Resolution No. 3404, setting 7:00 pm, Monday, June 18, 2012 as the time and date to
conduct a public hearing to consider vacating a portion of East Clark Street.
(RC) MOTION: I move to approve the Consent Agenda as read.
Regular Meeting 2 May 21, 2012
4. PROCLAMATIONS AND ACKNOWLEDGMENTS:
(a) Presentation of Proclamation for "Rotary Week." Mayor Matt Watkins to present
Proclamation to Greg Holbert, Richland Rotary President.
(b) Presentation of Proclamation for "Public Works Week." Mayor Matt Watkins to present
Proclamation to Curtis Glines, Heavy Equipment Operator/Utilities.
5. VISITORS - OTHER THAN AGENDA ITEMS:
(a)
(b)
(c)
6. REPORTS FROM COMMITTEES AND /OR OFFICERS:
(a) Verbal Reports from Councilmembers
(b) Financial Services Manager: General Fund Operating Statement through April 2012.
(c)
7. PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
(None)
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
(a) Ordinance No. , an Ordinance of the City of Pasco, Washington amending Section
26.28.010 "Application" and Section 26.28.070 "Terms of Approval" providing for the extension
of a period for Final Plat Approval.
1. Agenda Report from Rick White, Community & Economic Development Director dated May
7, 2012.
2. Proposed Ordinance.
3. 11132152.
MOTION: I move to adopt Ordinance No. , amending PMC 26.28.0 10 extending the final
plat approval time period from seven years to nine years and amending PMC 26.28.070 revising
terms of approval of final plats and, further, authorize publication by summary only.
(b) Ordinance No. , an Ordinance of the City of Pasco, Washington, approving the
LightSpeed Networks, Inc., (dba LS Networks) Franchise and authorizing the Mayor to sign the
Franchise Agreement.
1. Agenda Report from Stan Strebel, Deputy City Manager dated April 9, 2012.
2. Proposed Ordinance.
3. Proposed Franchise Agreement.
4. LightSpeed Networks Proposed Locations.
5. LightSpeed Networks Fact Sheet.
MOTION: I move to adopt Ordinance No. , granting a franchise to LightSpeed Networks,
Inc., dba LS Networks and to authorize the Mayor to sign the franchise agreement and, further, to
authorize publication of the Ordinance by summary only.
(c) Ordinance No. , an Ordinance of the City of Pasco, Washington approving the Northwest
Open Access Network Franchise and authorizing the Mayor to sign the Franchise Agreement.
1. Agenda Report from Stan Strebel, Deputy City Manager dated April 9, 2012.
2. Proposed Ordinance.
3. Proposed Franchise Agreement.
4. NoaNet Proposed Route.
MOTION: I move to adopt Ordinance No. , granting a franchise to Northwest Open
Access Network and to authorize the Mayor to sign the franchise agreement and, further, to
authorize publication of the Ordinance by summary only.
9. UNFINISHED BUSINESS:
(None)
Regular Meeting 3 May 21, 2012
10. NEW BUSINESS:
Q(a) Rezone Appeal (MF #Z2012 -001) R -1 and C -1 to R -3 on N. Charles Avenue (Pasco Family
Housing):
1. Agenda Report from Dave McDonald, City Planner dated May 15, 2012.
MOTION: I move to remand MF #Z2012 -001 to the Planning Commission to develop additional
recommendations to address potential impacts of multi -story structures in proximity to Charles
Avenue and to address the potential impact of the rezone on the Pasco School District.
11. MISCELLANEOUS DISCUSSION:
(a)
(b)
(c)
12. EXECUTIVE SESSION:
(a)
(b)
(c)
13. ADJOURNMENT.
(RC) Roll Call Vote Required
* Item not previously discussed
MF# "Master File #......
Q Quasi - Judicial Matter
REMINDERS:
1. 4:00 p.m., Monday, May 21, Ben- Franklin Transit Office — Hanford Area Economic Investment Fund
Committee Meeting. (COUNCILMEMBER AL YENNEY, Rep.; SAUL MARTINEZ, Alt.)
2. 6:00 p.m., Monday, May 21, City Hall Conference Room #1 — LEOFF Disability Board Meeting.
(MAYOR MATT WATKINS and COUNCILMEMBER REBECCA FRANCIK)
3. 12:00 p.m., Wednesday, May 23, Pasco Red Lion - Tri- Cities Regional Chamber of Commerce
Membership Luncheon - State of the Cities Address. (MAYOR MATT WATKINS)
4. 7:30 a.m., Thursday, May 24, 7130 W. Grandridge Blvd — Tri- Cities Visitor & Convention Bureau Board
Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.)
5. 3:30 p.m., Thursday, May 24, 7130 W. Grandridge Blvd — TRIDEC Board Meeting.
(COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.)
6. 5:30 p.m., Thursday, May 24, 710 W. Court Street — Benton - Franklin Community Action Committee
Meeting. (COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.)
MINUTES
REGULAR MEETING PASCO CITY COUNCIL MAY 7, 2012
CALL TO ORDER:
The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor.
ROLL CALL:
Councilmembers present: Rebecca Francik, Mike Garrison, Robert Hoffmann, Tom
Larsen, Saul Martinez, Matt Watkins and Al Yenney.
Staff present: Gary Crutchfield, City Manager; Leland Kerr, City Attorney; Richard
Terway, Administrative & Community Services Director; Rick White, Community &
Economic Development Director; Ahmad Qayoumi, Public Works Director and Bob
Metzger, Police Chief.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
(a) Approval of Minutes:
Minutes of the Pasco City Council Meeting dated April 16, 2012.
(b) Bills and Communications:
To approve General Claims in the amount of $1,510,062.55 ($128,187.97 in the form of
Electronic Fund Transfer Nos. 9798, 9864, 9919 and 9929; and $1,381,874.58 in the
form of Wire Transfer Nos. 1194, 1195, 1198, 1199, 1200 and 1202; and Claim Warrants
numbered 187438 through 187708).
To approve Payroll Claims in the amount of $2,087,990.51,Voucher Nos. 43912 through
43995 and 80140 through 80149; and EFT Deposit Nos. 30051245 through 30051790.
(c) Appointments to Historic Preservation Commission:
To reappoint Marilynn Baker to Position No. 3 and appoint Tom Brandon to Position No.
4 (both with the expiration date of 8/1/2015), and to appoint Devi Tate to Position No. 5
(expiration date of 8/1/13) to the Historic Preservation Commission.
(d) Resolution No. 3395, a Resolution amending Resolution No. 2889 and
authorizing the establishment of a program to improve the facades of buildings
located in the downtown area of Pasco.
To approve Resolution No. 3395, revising Resolution No. 2889, authorizing a program to
improve the facades of buildings located in downtown Pasco.
(e) Resolution No. 3396, a Resolution establishing recreation facility rental and
aquatics use fees.
To approve Resolution No. 3396, establishing Recreation Facility Rental and Aquatics
Use Fees.
(f) Resolution No. 3397, a Resolution reallocating estimated 2012 Federal
HOME Funds.
To approve Resolution No. 3397, reallocating 2012 HOME Funds.
(g) Resolution No. 3398, a Resolution acknowledging the Tri- Cities Rivershore
Enhancement Master Plan.
To approve Resolution No. 3398, acknowledging the Tri- Cities Rivershore Enhancement
Master Plan.
3(a).1
REGULAR MEETING PASCO CITY COUNCIL MAY 7, 2012
MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Garrison
seconded. Motion carried by unanimous Roll Call vote.
PROCLAMATIONS AND ACKNOWLEDGMENTS:
Mayor Watkins presented a Proclamation to Bob Metzger, Chief of Police, proclaiming
May 13 -19, 2012, "National Police Week" and May 15, 2012, "Peace Officers Memorial
Day."
VISITORS - OTHER THAN AGENDA ITEMS:
Mr. Mae Miller, Boise Idaho, addressed Council concerning a rock in Volunteer Park.
Mr. James Brumfield, 424 Jadwin Ave., Richland, addressed Council concerning a police
issue.
Mr. James Grant, 1800 W. Lewis St, addressed Council concerning a police issue.
REPORTS FROM COMMITTEES AND /OR OFFICERS:
Mr. Garrison attended the Tri- Cities Visitor and Convention Bureau Board meeting and
the TRIDEC Board of Directors meeting.
Mr. Martinez participated in the Hispanic Academic Achievers Program Awards Banquet
and visited the Franklin County Historical Museum and the Pasco Farmers Market.
Mr. Hoffmann attended the Franklin County Mosquito Control District Board meeting.
Mr. Larsen reported on the Emergency Medical Services Board meeting.
Mayor Watkins attended the Hispanic Academic Achievers Program Awards Banquet
and the Daughters of the American Revolution at the Pasco Red Lion.
PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO:
Franchise Agreement — LightSpeed Networks.
Mr. Crutchfield explained the details of the proposed franchise agreement.
MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PROPOSED
AGREEMENT.
Mr. Leif Hansen, representing LightSpeed Networks, explained the details of the
proposed project.
FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, MAYOR WATKINS
DECLARED THE PUBLIC HEARING CLOSED.
No action was taken. Council will consider item at next regular meeting.
Franchise Agreement — Northwest Open Access Network - NoaNet.
Mr. Crutchfield explained the details of the proposed franchise agreement.
MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PROPOSED
AGREEMENT.
FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, AND THERE BEING
NONE, MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED.
No action was taken. Council will consider item at next regular meeting.
MINUTES
REGULAR MEETING PASCO CITY COUNCIL MAY 7, 2012
Street Vacation (MF #VAC2011 -008) Excess East Lewis Place Right -of -Way.
Council and staff discussed the proposed vacation.
MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PROPOSED
VACATION.
FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, AND THERE BEING
NONE, MAYOR WATKINS DECLARED THE PUBLIC HEARING CLOSED.
MOTION: Ms. Francik moved to deny the proposed vacation. Mr. Hoffmann seconded.
Motion carried unanimously.
ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
Rezone Appeal (MF #SP2012 -001): R -1 and C -I to R -3 on N. Charles Avenue (Pasco
Family Housing).
Mr. White explained the details of the Closed Record Hearing.
Mr. Kerr explained the details of the Quasi - Judicial process.
MAYOR WATKINS OPENED THE CLOSED RECORD HEARING.
Council and staff discussed the record.
MAYOR WATKINS CLOSED THE CLOSED RECORD HEARING.
MOTION: Mr. Yenney moved to table the Closed Record Hearing for 2 weeks for staff
to prepare a motion for remanding back to the Planning Commission. Mr. Martinez
seconded. Motion carried by unanimous Roll Call vote.
Ordinance No. 4055, an Ordinance of the City of Pasco, Washington amending Title
16 of the Pasco Municipal Code, regarding plan review fees for R -3 Occupancies.
MOTION: Ms. Francik moved to adopt Ordinance No. 4055, amending Title 16 of the
Pasco Municipal Code regarding plan review fees for R -3 Occupancies and, further,
authorize publication by summary only. Mr. Garrison seconded. Motion carried
unanimously.
Resolution No. 3399, a Resolution accepting the Planning Commission's
recommendation and approving a special permit for the location of an elementary
school.
Council and staff discussed the details of the proposed resolution.
MOTION: Ms. Francik moved to approve Resolution No. 3399, approving a special
permit for an elementary school at the northwest corner of Sandifur Parkway and Road
60 as recommended by the Planning Commission. Mr. Garrison seconded. Motion carried
unanimously.
Resolution No. 3400, a Resolution accepting the Planning Commission's
recommendation and approving a special permit for the location of a private bus
terminal at 205 South 4th Avenue.
Council and staff discussed the details of the proposed resolution.
MOTION: Ms. Francik moved to approve Resolution No. 3400, approving the special
permit for the location of a private bus terminal at 205 South 4th Avenue as
recommended by the Planning Commission. Mr. Martinez seconded. Motion carried
unanimously.
MINUTES
REGULAR MEETING PASCO CITY COUNCIL MAY 7, 2012
Resolution No. 3401, a Resolution accepting the Planning Commission's
recommendation and denying a special permit for the location of a caretaker
residence at 1102 East "A" Street.
Council and staff discussed the details of the proposed resolution.
MOTION: Ms. Francik moved to approve Resolution No. 3401, denying a special permit
to locate a caretaker residence at 1102 East "A" Street as recommended by the Planning
Commission. Mr. Yenney seconded. Motion carried 5 -2. No — Martinez, Larsen.
Resolution No. 3402, a Resolution of the City Council of the City of Pasco,
Washington, declaring the City's commitment to provide operating revenues for a
Regional Aquatics Facility at the TRAC site upon certain conditions.
Council and staff discussed the details of the proposed resolution.
MOTION: Ms. Francik moved to approve Resolution No. 3402, declaring the city's
conditional commitment of operating revenues for a regional aquatic center at TRAC.
Mr. Garrison seconded. Motion carried 5 -2. No — Larsen, Hoffmann.
Resolution No. 3403, a Resolution concerning annexation and bonded indebtedness.
Council and staff discussed the details of the proposed resolution.
MOTION: Ms. Francik moved to approve Resolution No. 3403, concerning annexation
and bonded indebtedness. Mr. Garrison seconded. Motion carried unanimously.
NEW BUSINESS:
Award 4th Avenue Corridor (Sylvester to Court), Project No. C2- 11- 07 -STR:
MOTION: Ms. Francik moved to award the low bid for the 4th Avenue Corridor
(Sylvester to Court) project to A &B Asphalt, Inc., in the amount of $1,063,666.26 and,
further, authorize the Mayor to sign the contract documents. Mr. Garrison seconded.
Motion carried by the following Roll Call vote: Yes — Watkins, Yenney, Francik,
Garrison, Martinez. No — Larsen, Hoffmann.
MISCELLANEOUS DISCUSSION:
Mr. Hoffmann inquired about Business License fees for small businesses.
Council and staff discussed the noise from Ice Cream Vendors.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 9:23 p.m.
APPROVED:
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
PASSED and APPROVED this 2151 day of May, 2012.
El
CITY OF PASCO
Council Meeting of: May 21, 2012
Accounts Payable Approved
The City Council
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the
services rendered or the labor performed as described herein and that the claim is a just, due and unpaid
obligation against the city and that we are authorized to authenticate and certify to said claim.
Gary Cr chfield, City-fWanaljer Dunyb yb^' n, FinaSe�rviceey Manager
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do
hereby certify on this 21st day of May, 2012 that the merchandise or services hereinafter specified have been received
Check Numbers and
187709 - 187924
In The Amount Of: $875,408.25.
Electronic Funds Transfers:
1204, 1205, 1206
In The Amount Of: $ 220,552.73
Electronic Funds Transfers:
9962, 9966, 10000,
(Journal Entries)
10012, 10016, 10032,
Combined total of $1,095,960.98
10054
Councilmember Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERALFUND:
Legislative
Judicial
Executive
Police
Fire
Administration & Community Services
Community Development
Engineering
Non - Departmental
Library
TOTAL GENERAL FUND:
STREET
ARTERIAL STREET
STREET OVERLAY
C. D. BLOCK GRANT
HOME CONSORTIUM GRANT
NSP GRANT
KING COMMUNITY CENTER
AMBULANCE SERVICE
CEMETERY
ATHLETIC PROGRAMS
GOLF COURSE
SENIOR CENTER OPERATING
MULTI MODAL FACILITY
RIVERSHORE TRAIL & MARINA MAIN
SPECIAL ASSESSMNT LODGING
LITTER CONTROL
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
ECONOMIC DEV & INFRASTRUCT
STADIUM /CONVENTION CENTER
GENERAL CAP PROJ CONSTRUCTION
WATER/SEWER
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
EQUIPMENT RENTAL - OPERATING BUSINESS
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
MEDICAUDENTAL INSURANCE
CENTRALSTORES
PAYROLL CLEARING
LID CONSTRUCTION
PUBLIC FACILITIES DIST
TRI CITY ANIMAL CONTROL
SENIOR CENTER ASSOCIATION
GRAND TOTAL ALL FUNDS:
227.57
16,134.94
7 19S IA
408,810.74
59,891.57
0.00
365.16
5,779.65
5,866.78
1,393.52
1,469.26
15,395.03
454.34
2,370.35
72,504.63
5,341.08
1,468.82
437.37
0.00
0.00
596.75
214,809.13
0.00
36,992.27
0.00
165.00
1,208.01
0.00
$ 1,095,960.98
AGENDA REPORT
FOR: City Council DATE: May 16, 2012
TO: Gary Crutchfield, C ager REGULAR: May 21, 2012
Rick Terway, A ministra ve & rty Servic " " "es Director
FROM: Dunyele Mason Financial Services Manager sill
SUBJECT: BAD DEBT WRITE -OFF'S /COLLECTION.
I. REFERENCE (S):
Write -off and collection lists are on file in the Finance Department.
E. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
MOTION: I stove to approve bad debt write -offs for utility billing, ambulance, cemetery, general
accounts, miscellaneous accounts, and Municipal Court (non - criminal, criminal, and
parking) accounts receivable in the total amount of $209,813.56 and, of that amount,
authorize $114,638.63 be turned over for collection.
111. HISTORY AND FACTS BRIEF:
1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write -offs are under
$10 with no current forwarding address, or are accounts in "occupant" status. Accounts submitted for
collection exceed $10.00.
2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs
including DSHS and Medicare customers; the law requires that the City accept assignment in these
cases.
3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non - criminal and criminal fines, and
parking violations over 30 days past due.
4. CODE ENFORCEMENT — LIENS — These are Code Enforcement violation penalties which are
either un- collectable or have been assigned for collections because the property owner has not
complied or paid the fine. There are still liens in place on these amounts which will continue to be in
effect until the property is brought into compliance and the debt associated with these liens are paid.
5. CEMETERY — These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
6. GENERAL - These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
IV. ADMINISTRATIVE ROUTING:
cc: Dot French, Municipal Court Clerk
3(b).Z
Amount
Direct
Referred to
Total
Write -offs
Collection
Write -offs
Utility Billing
$
0.00
0.00
0.00
Ambulance
$
93,154.18
21,678.03
114,832.21
Court A/R
$
.00
88,885.00
88,885.00
Code Enforcement
$
1,750.00
3,651.15
5,401.15
Cemetery
$
270.75
94.45
365.20
General
$
.00
.00
.00
Miscellaneous
$
.00
330.00
330.00
TOTAL:
$
95,174.93
114,638.63
209,813.56
IV. ADMINISTRATIVE ROUTING:
cc: Dot French, Municipal Court Clerk
3(b).Z
FOR: City Council /
FROM: Gary Crutchfield, City Manager
SUBJECT: Housing Authority Board Appoint ent
I. REFERENCE(S):
May 16, 2012
Regular Mtg.: 5/21/12
H. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS
5/21: MOTION: I move to appoint Greg Garcia to Position No. 4 on the City of Pasco
and Franklin County Housing Authority Board, term to expire
1/28/15,
III. HISTORY AND FACTS BRIEF:
A) The Housing Authority is a separate municipal corporation governed by its
appointed board of directors. The Authority's basic mission is to provide safe and
habitable housing for households with incomes below 80% of the regional
medium household income. In the case of the Pasco Housing Authority, it owns
and operates about 300 housing units in Pasco and offers other housing
opportunities as other federal programs are made available and deemed
appropriate by the Board.
B) A Joint Housing Authority for the City of Pasco and Franklin County was formed
in 1981 by joint Resolution. The Housing Authority Board is comprised of five
Commissioners who are appointed for a term of office of five years. The
Commissioners for Position Nos. 1 and 3 are selected by the Franklin County
Commissioners. Likewise, the Commissioners for Position Nos. 2, 4 and 5 are
selected by the Pasco City Council and must reside within the City.
IV. DISCUSSION:
A) Mayor Watkins requests Council's concurrence in his appointment of Greg Garcia
to the City of Pasco and Franklin County Housing Authority Board.
3(c)
AGENDA REPORT
FOR: City Council ( )l Date: May 8, 2012
TO: Gary CrutchfieM Manager Workshop Mtg.: 5/14/12
Regular Mtg.: 5/21/12
FROM: Rick White, �J
Community & Economic Development Director V
SUBJECT: Franklin County Homeless Housing and Assistance Interlocal Agreement
I. REFERENCE(S):
1. April 19, 2012 letter from Benton Franklin Counties Department of Human Services, and
proposed amendment to the Franklin County Homeless Housing and Assistance
Interlocal Agreement
2. Original December 2005 Interlocal Agreement
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
5/14/12: DISCUSSION
5/21/12: MOTION I move to approve the Amendment to the Interlocal Agreement
with Franklin County, Connell, Mesa and Kahlotus for the
purpose of administering the Washington State Homeless
Housing and Assistance Act generated funds for housing
programs, and further, authorize the Mayor to sign the
Amendment.
III. FISCAL IMPACT
IV. HISTORY AND FACTS BRIEF:
A. In 2005, the State Legislature approved House Bill (HB) 2163 which authorized a $10.00
surcharge for certain recorded documents. The surcharge is to be used to reduce
homelessness by 50% in 10 years.
B. RCW 36.22.179 directs 2% of the funds collected be retained by the Auditor and 60%
retained by the county where the funds were collected and used to accomplish the
purposes of the local homeless housing plan. Of that 60% retained by the County, 6%
may be used for costs related to administration of the homeless housing plan. The
remaining funds are remitted to Washington State for deposit in the state homeless
housing account.
C. In December of 2005, City Council approved an Interlocal Agreement for a 10 year
period with Franklin County, Connell, Mesa and Kahlotus regarding local homeless
housing programs and plans. In January of 2006, City Council approved a 10 year plan
for reducing homelessness. The Plan was prepared by the Benton Franklin Community
Action Committee (CAC) and is a regional and cooperative effort to address
homelessness.
D. The 2005 Interlocal Agreement charged CAC with the responsibility of administering HB
2163 funds. Recently Franklin County directed the Benton Franklin Counties Department
of Human Services (BFHS) to have administrative responsibility for these same funds.
V. DISCUSSION:
A. The Amendment to the Interlocal Agreement replaces references to CAC with BFHS. All
other provisions of the existing Interlocai remain in effect and unchanged.
B. Staff recommends approval of the motion, noting that the existing Interlocal Agreement
expires in December of 2015, providing another opportunity for review and assessment.
3(d)
BENTON AND FRANKLIN COUNTIES
DEPARTMENT OF HUMAN S
April 19, 2012
Mayor Matt Watkins
City of Pasco
525 N. 3rd
Pasco, WA 99301
Re: Franklin County Homeless Housing and Assistance Interlocal Agreement
Dear Mayor Watkins:
Pasco City Hall
RECEIVED
APR 2 0 2012
City Manager's Office
The Franklin County Homeless Housing and Assistance (2163) Interlocal Agreement was originally
signed on December 14, 2005 for a term of ten (10) years.
As you may be aware, funds for the 2163 Homeless Housing Assistance agreement are from document
recording fees, dependent on the local economy. For the last few years Community Action Connections
has administered these funds. Recently, an Amendment to the current Interlocal was approved to form by
Franklin County Deputy Prosecuting Attorney Ryan Verhulp. The Amendment permits Benton and
Franklin Counties Department of Human Services to be the responsible department to administer and
disperse these funds to community base organizations within the community to provide homeless housing
services to residents of Franklin County.
The amendment of the Interlocal Agreement will allow for continued services within Franklin County.
During this last year new projects and service providers have come forth and the goal is to provide a wide
range of comprehensive services.
Please review the enclosed Interlocal Amendment document, sign, and return all three of the original
signature pages to the Department of Human Services so that we may proceed to the next step. Please do
not hesitate to contact me if you have any further questions on this process.
Sincerely,
Tracy Diaz
Deputy Administrator
Department of Human Services
cc: Ed Thombrugh
7102 WEST OKANOGAN PLACE, SUITE 201 + KENNEWICK, WA 93336
PHONE (509) 783 -5284 + FAX (509) 783 -5981
WHEN RECORDED RETURN TO:
City of Pasco City of Connell
525 North 3r° PO Box 1200
Pasco, WA 99301 Connell, WA 99326
City of Mesa City of Kahlotus
PO Box 146 PO Box 100
Mesa, WA 99343 Kahlotus, WA 99335
AMENDMENT TO
INTERLOCAL AGREEMENT BETWEEN THE COUNTY OF FRANKLIN, AND:
THE CITY OF PASCO, THE CITY OF CONNELL, THE CITY OF MESA, AND THE
CITY OF KAHLOTUS; IN PROVIDING FOR LOCAL HOMELESS HOUSING AND
ASSISTANCE PROGRAMSIPLANS
This Amendment to the Interlocal Agreement is made and entered into by and between Franklin
County, a political subdivision of the State of Washington, hereinafter referred to as "COUNTY,"
with its principal offices located at 1016 North 0 Avenue, Pasco Washington, 99301; the City of
Pasco, a municipal corporation with its principal offices located at 525 North Third, Pasco,
Washington 99301; the City of Connell, a municipal corporation with its principal offices located
at 104 E Adams Street, Connell, Washington, 99326 -1200; the City of Mesa, a municipal
corporation with its principal offices located at 103 Franklin Street, Mesa, Washington 99343;
the City of Kahlotus, a municipal corporation with its principal offices located at E 130 Weston,
Kahlotus, Washington 99335; hereinafter all the aforementioned cities referred to collectively as
"CITIES."
In consideration of the mutual benefits and covenants contained herein, the parties agree that
the Interlocal Agreement, numbered as Franklin County Resolution No. 2005 -532 and approved
on December 14, 2005, Section 4 (6) and Section 5 (2) shall be amended and replaced in their
entirety with the following:
Section 4 (6):
As permitted by Section 4(5)(iii) of this Agreement and RCW 36.22.179, shall
enter into a separate Professional Services Agreement with Benton and Franklin
Counties Department of Human Services (BFDHS) to organize and support a
local homeless housing task force to facilitate the creation of the local ten (10)
year homeless housing program /plan. Compensation to BFDHS in the
Professional Services Agreement shall be a COUNTY administrative cost in an
amount not to exceed six percent (6 %) of the balance of the Homeless Housing
and Assistance Fund or Account as determined by the COUNTY.
Section 5 (2):
By executing this Agreement, agree with the use and compensation of BFDHS
per Section 4(5)(v) of this Agreement to organize and support a local homeless
task force to facilitate the creation of the local ten (10) year homeless housing
program /plan.
Except as expressly provided in this Amendment, all other provisions of the above
referenced Interlocal Agreement, and subsequent amendments, addenda, or
modifications thereto shall be unchanged and remain in full force and effect.
CITY OF PASCO
Matt Watkins, Mayor
Attest:
Approved as to Form:
Title:
Title:
FRANKLIN COUNTY RESOLUTION NO. i 0 U 5 5 3 2
BEFORE THE BOARD OF COUNTY COMMISSIONERS, FRANKLIN COUNTY,
WASHINGTON
RE: INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY, THE
CITY OF PASCO, THE CITY OF CONNELL, THE CITY OF MESA, AND
THE CITY OF KAHLOTUS IN PROVIDING FOR LOCAL HOMELESS
HOUSING AND ASSISTANCE PROGRAMS/PLANS
WHEREAS, the Homeless Housing Assistance Act (HHAA — E2SH82163), passed by
the 2005 Washington State Legislature, requires governments to adopt ten year plans by
December 31, 2005, to address homelessness; and
WHEREAS, pursuant to RCW 36.01,010 and RCW 36,32.120 the legislative authority
of each county is authorized to enter into contracts on behalf of the county and have the
care of county property and management of county funds and business; and
WHEREAS, under the authority of RCW 36.22.179 and Chapter 43.185C RCW, the
Board of County Commissioners constitutes the legislative authority of Franklin County
and desires to enter into an agreement with the City of Pasco, the City of Connell, the
City of Mesa, and the City of Kahlotus in providing for local homeless housing and
assistance programs;
NOW, THEREFORE, BE IT RESOLVED the Franklin County Board of
Commissioners hereby approves the attached Interlocal Agreement between Franklin
County, the City of Pasco, the City of Connell, the City of Mesa, and the City of Kahlotus
in providing for local homeless housing and assistance programs/plans.
APPROVED this 14" day of December 2005.
Attest:
:..
Originals: Auditor
Minutes
City of Connell
City of Kaldotus
City of Mesa
City of Pasco
BOARD OF COUNTY
E.
cc: Accounting
Prosecutor's Office
Treasurer
Pro Tem
1
J:tRe.' sot- 2005\Agreement Homeless Housing .doc 2--03-2-5
WHEN RECORDED RETURN TO!
City of Pasco City of Connell
525 North 3"' PO Box 1200
Pasco, WA 99301 Connell, WA 99326
CONFORMED COPY
11111111 (IIIIIIIIIIIIP 674845
1
FRANKLIN COUNTY COMMI$$IONERACREE 42.00 Franklin Co, NA
City of Mesa City ofKahlotas
PO Box 146 PO Box 100
Mesa, WA 99343 Kahlonts, WA 99335
INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY, THE CITY OF
PASCO, THE CITY OF CONNELL, THE CITY OF MESA, AND THE CITY OF
KAHLOTUS IN PROVIDING FOR LOCAL HOMELESS HOUSING AND
ASSISTANCE PROGRAMS /PLANS
This Interiocal Ag ment, hereinafter referred to as "Agreement," is
entered Into as of the.ay of � . 20gS between Franklin County, a
political subdivision of the State of Washington, hereinafter referred to as
"COUNTY," with its principal offices located at 1016 North 4th Avenue, Pasco
Washington; and the City of Pasco, a municipal corporation with its principal
offices located at 525 North Third, Pasco, Washington 99301; and the City of
Connell, a municipal corporation with its principal offices located at 104 E Adams
Street, Connell, Washington 99326 -1200; and the City of Mesa, a municipal
corporation with its principal offices located at 103 Franklin Street, Mesa,
Washington 99343; and the City of Kahlotus, a municipal corporation with its
principal offices located at E 130 Weston, Kahlotus, Washington 99335;
hereinafter all the aforementioned cities referred to as "CITIES."
This Agreement is entered into by the COUNTY under the authority of
RCW 36.32.120, RCW 36.22.179, and Chapter 43.185C RCW. This Agreement
is entered into by the CITIES under authority of RCW 36.22.179 and Chapter
43.185C RCW. This Agreement is in conformity with Chapter 39.34 RCW, the
Interlocal Cooperation Act.
To carry out the purposes of this Agreement and in consideration of the
benefits to be received by each party it is agreed as follows:
Sec. 1. Purpose:
The purpose of this Agreement shall be to provide for the collection,
administration, and expenditure of RCW 36.22.179 funds to accomplish the
INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY, THE CITY OF PASCO, �I
THE CITY OF CONNELL, THE CITY OF MESA, AND THE CITY OF KAHLOTUS
IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS/PLANS
PAGE 1 OF 10
purposes of chapter 484, Laws of 2005, RCW 36.22.179, and Chapter 43.185C
RCW in the COUNTY'S and CITIES' providing of local homeless housing
programs /plans.
Sec. 2. Parties:
The parties to this Agreement shall be Franklin County, the City of Pasco, the
City of Connell, the City of Mesa, and the City of Kahlotus.
Sec. 3, Term:
This Agreement shall be for ten (10) years from the date of execution unless any
party elects to terminate the Agreement. Renewal of this Agreement shall be by
separate written agreement of the parties.
Sec. 4. The COUNTY shall:
1) By resolution approve and operate a homeless housing program/plan as
authorized per Chapter 43.185C RCW.
2) File the homeless housing program /plan with the State of Washington
Department of Community, Trade, and Economic Development.
3) Collect all RCW 36.22.179 funds.
4) By ordinance create a Homeless Housing and Assistance Fund or
Account for deposit of the specified percentage of RCW 36.22.179 funds
detailed in Section 4(5xii) of this Agreement.
5) Administer all collected RCW 36.22.179 funds in the following sequential
order as follows:
i) Retain two percent (2 %) of all collected RCW 36.22.179
funds as a COUNTY collection fee.
ii) Deposit sixty percent (60 %) of the remaining balance of
collected RCW 36.22.179 funds into a created Homeless
Housing and Assistance Fund or Account to be used by the
COUNTY and CITIES to accomplish the purposes of chapter
484, Laws of 2005.
iii) Shall have the discretion to use six percent (6 %) of the
balance of the Homeless Housing Assistance Fund or
Account for COUNTY administrative costs related to the
homeless housing program /plan.
iv) After satisfaction of the requirements of Sec. 4(5)(i) -(iii) of
this Agreement, shall use the remainder of the Homeless
INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY, THE CITY OF PASCO,
THE CITY OF CONNELL, THE CITY OF MESA, AND THE CITY OF KAHLOTUS
IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS /PLANS
PAGE 2 OF 10
Housing Assistance Fund or Account balance to accomplish
the goals of the homeless housing program /plan per the
requirements of ROW 36.22.179, Chapter 43.1850 RCW,
and this Agreement.
v) Remit the remaining portion of collected RCW 36.22.179
funds not deposited in the Homeless Housing Assistance
Fund or Account to the state treasurer for deposit in the state
homeless housing account.
6) As permitted by Section 4(5)(iii) of this Agreement and RCW 36.22.179,
shall enter into a separate Professional Services Agreement with the
Benton - Franklin Community Action Committee (CAC) to organize and
support a local homeless housing task force to facilitate the creation of the
local ten (10) year homeless housing program /plan. Compensation to
CAC in the Professional Services Agreement shall be a COUNTY
administrative cost in an amount not to exceed six percent (6 %) of the
balance of the Homeless Housing and Assistance Fund or Account as
determined by the COUNTY.
7) Abide by the terms of this Agreement.
Sec. 5. The CITIES' shall:
1) Each by resolution shall individually elect to join and support the COUNTY
approved homeless housing program /plan as authorized per Chapter
43.185C. The CITIES shall each provide a copy of their resolution to the
COUNTY on or before December 15, 2005,
2) By executing this Agreement, agree with the use and compensation of
CAC per Section 4(5)(v) of this Agreement to organize and support a local
homeless housing task force to facilitate the creation of the local ten (10)
year homeless housing program /plan.
3) Abide by the terms of this Agreement.
Sec. 6. Mutual Cooperation:
All parties to this Agreement agree to provide mutual cooperation and make good
faith efforts to assist one another in fulfilling the terms of this Agreement.
Sec. 7. No Property Acquisition or Joint Financing: This Agreement does
not provide for the acquisition, holding, or disposal of property. Nor does this
Agreement contemplate the financing of any joint or cooperative undertaking.
There shall be no budget maintained for any joint or cooperative undertaking
pursuant to this Agreement.
INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY, THE CITY OF PASCO,
THE CITY OF CONNELL, THE CITY OF MESA, AND THE CITY OF KAHLOTUS
IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS /PLANS
PAGE 3 OF 10
Sec, 8. Termination. Notwithstanding any other provision of this Agreement,
any party may terminate this Agreement anytime upon ninety (90) days written
notice of intent to terminate, with the termination to become effective upon
expiration of ninety (90) days from the notice of termination date. Such notice of
termination shall be by appropriate action of the elected governing body of the
terminating party and shall be provided to all parties subject to this Agreement.
Termination date shall be the date upon which the elected governing body of the
terminating party took formal action to terminate this Agreement.
Sec. 9. Notice: Any formal notice or communication to be given under this
Agreement shall be deemed properly given, if delivered, of if mailed postage
prepaid and addressed:
To: Franklin County
Attn: County Administrator
1016 North 4th Avenue
Pasco, WA 99301
To: City of Connell
104 E Adams Street/
P O Box 1200
Connell, WA 99326 -1200
To: City of Kahlotus
E 130 Weston /P O Box 100
Kahlotus, WA 99335
To: City of Pasco
525 North Third
Pasco, WA
To: City of Mesa
103 Franklin Street/
PO Box 146
Mesa, WA 99343
Sec. 10. Independent Contractors: The parties and their employees or agents
performing under this Agreement are not deemed to be employees, officers, or
agents of the other parties to this Agreement and shall be considered
independent contractors.
Sec. 11. Record Keeping: All parties to this Agreement shall maintain books,
records, documents, and other evidence that properly reflect all Costs of any
nature expended in the performance of this Agreement, Such records shall
reflect financial procedures and practices, participant records, statistical records,
property and materials records, and supporting documentation. These records
shall be subject at all reasonable times to review and audit by the parties to this
Agreement, the Office of the Washington State Auditor, and other officials so
authorized by law,
Sec. 12. Non - Discrimination: All parties to this Agreement certify that they are
equal opportunity employers.
INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY, THE CITY OF PASCO,
THE CITY OF CONNELL, THE CITY OF MESA, AND THE CITY OF KAHLOTUS
IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS /PLANS
PACE 4 OF 10
Sec. 13. Liability: Each party to this Agreement shall assume the risk of, be
liable for, and pay all damage, loss, cost and expense of its officers, officials, and
employees arising out of any duty performed, or not performed, while acting in
good faith within the scope of this Agreement.
Sec. 14. No Third -Party Beneficiaries: The parties to this Agreement do not
intend by this Agreement to assume any contractual obligations to anyone other
than the parties to this Agreement. The parties do not intend that there be any
third -party beneficiaries.
Sec. 15. Assignment: No parties to this Agreement shall have the right to
transfer or assign, in whole or in part, any or all of its obligations and rights
hereunder without the prior written consent of the other parties.
Sec. 16. Amendments or Modifications: This Agreement may be amended,
altered, or changed in any manner by the mutual written consent of all parties.
Sec 17. Waiver: No waiver by any party of any term or condition of this
Agreement shall be deemed or construed to constitute a waiver of any other tern
or condition or of any subsequent breach, whether of the same or a different
provision of this Agreement,
Sec. 20. Severability: If any of the provisions contained in this Agreement are
held illegal, invalid, or unenforceable, the remaining provisions shall continue in
full force and effect.
Sec. 21. Administrator Designee For This Interlocal Cooperation
Agreement: The Board of Franklin County Commissioners is designated as the
administrator responsible for overseeing and administering this Agreement which
provides for a joint and cooperative undertaking.
Sec. 22. Filing: Copies of this Agreement, together with the resolutions of all
the parties' governing bodies' approval and ratification of this Agreement, shall
be filed with the Franklin County Auditor and the Secretary of the State of
Washington after execution of this Agreement by all parties.
Sec. 23. Counterparts: This Agreement may be executed by facsimile and in
any number of current parts and signature pages hereof with the same affect as
if all parties to this Agreement had all signed the same document. All executed
current parts shall be construed together, and shall, together with the text of this
Agreement, constitute one and the same instrument.
INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY, THE CITY OF PASCO,
THE CITY OF CONNELL, THE CITY OF MESA, AND THE CITY OF KAHLOTUS
IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS /PLANS
PAGE 5 OF 10
Sec. 24, Effective: This Agreement shall become effective upon approval by
the parties and recording with the Franklin County Auditor.
DATED this 1.4-" day of d 20C)f.
BOARD OF COUNTY COMMISSIONERS
FRANKLIN COUNTY, WASHINGTON
H. Brock, Chairman
Neva J.
Robert E. Koch, Member
Attest:
Clerk the Board
Approved To Form:
Ryan ff Verhulp
Deputy Prosecuting Attorney
INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY, THE CITY OF PASCO.
THE CITY OF CONNELL, THE CITY OF MESA, AND THE CITY OF KAHLOTUS
IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS /PLANS
PAGE 6 OF 10
Approved As To Forth:
�l
INTERLOCAL AGREEMENT BETWEEN FRANKLIN COUNTY, THE CITY OF PASCO,
THE CITY OF CONNELL. THE CITY OF MESA, AND THE CITY OF KAHLOTUS
IN PROVIDING FOR LOCAL HOMELESS HOUSING AND ASSISTANCE PROGRAMS /PLANS
PAGE 7 OF 10
AGENDA REPORT
FOR: City Council May 8, 2012
TO: Gary Crutchf. lChic Manager Workshop Mtg.: 5/14/12
Regular Mtg.: 5/21/12
FROM: Robert Metzee o f Police
SUBJECT: Interagency Agreement for Summer School Services
I.
II.
III.
IV
REFERENCE:
Proposed Interagency Agreement
ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATIONS:
5/14: Discussion
5/21: MOTION: I move to approve the Interagency Agreement with the Pasco School
District for summer school services and, further, authorize the Mayor
to sign the agreement.
FISCAL IMPACT:
Pasco School District Funds - $9,938.88
HISTORY AND FACTS BRIEF:
A) School Resource Officers (SRO) are full -time uniformed police officers primarily
dedicated to providing law enforcement resource services to assigned schools and
surrounding neighborhoods. The School District has requested an extension of the
SRO services for the 2012 Summer School at Pasco High School. Normally, SRO
services are not provided during summer months. The School District has summer
school programs at Pasco High School, Chiawana High School, and New
Horizons High Schools. As a proactive measure, the School District has requested
SRO's services for up to eight hours each day of summer school. There are 20
summer school days from June 18 to July 13. SRO's are assigned to work normal
patrol duties when school is not in session.
B) The proposed Interagency Agreement is effective June through July 2012, and
provides two School Resource Officers for the 2012 Summer School. The School
District will reimburse the City for the salary and fringe benefits costs for two
officers during 20 days of summer school.
C) Staff recommends approval of the attached proposed agreement.
3(e)
INTERAGENCY AGREEMENT
Between
Pasco School District No. 1
And
City of Pasco, Washington
This agreement, pursuant to Chapter 39.34 RCW is made and entered into by and between the
Pasco School District No. 1, hereafter referred to as the "District" and the City of Pasco, a
municipal corporation of the State of Washington, hereafter referred to as the "City."
No special budget or funds are anticipated, nor shall be created. It is not intended that a separate
legal entity be established to conduct this cooperative undertaking, nor is the acquiring, holding,
or disposing of real or personal property other than as specifically provided within the terms of
this Agreement, anticipated. The Chief of Police of the City of Pasco, Washington, shall be
designated as the Administrator of this Interlocal Agreement.
This Agreement shall be filed with the Franklin County Auditor, or alternatively listed by subject
on either parties' website or other electronically retrievable public source.
It is the purpose of this agreement to:
1. Enhance the safety and security of students, teachers, staff, and visitors and provide
patrol of the various campuses of the District located within the City of Pasco,
Washington.
2. Provide for the presence of armed and uniformed City Police Officers both inside and
outside the school buildings on selected campuses of the District during certain school
hours in support of such safety and security and the maintenance of a secure and peaceful
learning atmosphere.
3. Provide for prevention, intervention, and prompt effective enforcement by the City's
Police Department in situations involving, but not limited to:
a. Maintenance of order
b. Use, possession, or sale of illegal drugs and alcohol on school premises
C. Crimes against persons
d. Crimes against property
C. Any other situations or activities which require the intervention of law
enforcement officers; and
4. Provide for participation by police officers in the educational activities and role modeling
to foster and enhance knowledge of and respect for law enforcement and law
enforcement officers by students and the community.
5. Provide positive and supportive interface between law enforcement representatives and
the District's substance abuse and harassment prevention efforts including, but not
limited to Natural Helpers, Student Assistance Teams, Anti- Harassment and Bullying
Project and other intervention and prevention efforts by the District.
Interagency Agreement between Pasco School District No. I and the City of Pasco.
Page 1 of 6
It is therefore mutually agreed that:
1. Statement of Work. The City shall furnish the necessary personnel and services and
otherwise do all things necessary for and incidental to the performance of the work stated herein.
The City shall:
a. Assign two full -time uniformed police officers for eight consecutive hours each
day from 07:30 AM to 3:30 PM to provide School Resource Officer services at
specific schools June 18 — July 13, 2012 (except July 4, 2012) in accordance with
the following schedule.
1. New Horizons High School: June 18th — July 13, 2012 Monday — Friday
2. Chiawana High School: June 18th — July 13, 2012 Monday — Friday
3. Pasco High School: June 18th— July 13, 2012 Monday — Friday
One SRO will be assigned to Chiawana High School beginning June 18". The
second SRO will cover duties at the remaining schools for the first full week of
classes. The second SRO will be assigned to Pasco High School beginning June
18 "i. Both officers are responsible for responding to incidents at the other schools
as needed during the overlap period. Each SRO shall make certain that the
Administration at their assigned school is notified when they are required to
respond to another school. Generally, the quickest way to get an SRO to respond
to an alternate school will be to call the Franklin County Emergency Dispatch
Center and request an SRO be sent to the incident at a specific school. Except in
incidents where a particular SRO may have prior knowledge or involvement in a
specific case or other extenuating factors, the on -duty police supervisor will
designate which SRO responds.
Office space shall be provided as available at each school for the use of the
School Resource Officer. Such office shall be equipped with one office desk and
chair, and one locking cabinet. The City shall provide a lockable cabinet capable
of securing police department equipment when not in use by the officer.
b. Cooperate with the District to provide training and education to each assigned
officer to insure effective communication and interrelation with the school
community and its students;
C. Cooperate with the District to monitor and evaluate the effectiveness of the
assigned officers and the program;
d. Meet as needed during the academic year with the District's representative (as
designated by the District) to evaluate the effectiveness of the program;
e. Cooperate with the District's representative to investigate and report on any
complaints regarding the conduct of an assigned officer, share fully, as permitted
by law, with the District's representative all results of such investigations for the
purpose of responding to each complaint and cooperate to resolve each complaint.
Provided, that it shall be the responsibility of the District to respond to any
Interagency Agreement between Pasco School District No. I and the City of Pasco.
Page 2 of 6
complaint the District received from a student, parent or patron of the District and
communicate the results of any investigation to such person or persons.
2. Terms and Conditions. All rights and obligations of the parties to this agreement shall be
subject to and governed by the terms and conditions contained in the text of this agreement.
3. Period of Performance. Subject to its other provisions, the period of performance of this
agreement shall commence on June 18, 2012 and be completed on July 13, 2012 with July 4`h
scheduled off, unless terminated sooner as provided herein.
The principal shall be responsible for notifying the Chief of the City's Police Department of the
school calendar, schedule of events and activities, and any changes in the same. The principal
shall determine the specific hours when an officer shall be present within the limits set forth in
Section La. of the Agreement.
4. Payment. The District shall reimburse the City for its expenses in employing two officers for
(estimated) 232 hours as follows:
a. For June 18, 2012 through July 13, 2012, an estimated total of nine thousand
nine hundred thirty eight dollars and eighty eight cents. ($9,938.88).
Actual amount will be determined by the parties based upon any negotiated wage
increase between the City and the police officer's collective bargaining unit. The current
estimated wage rate with benefits is $42.84 per hour.
5. Billing Procedure. The City shall submit a monthly invoice or billing statement to the
District. Payment shall be made to the City according to the regular procedures of the District.
6. Funding. If for any reason the District exhausts its budgeted funds for payment to the City
for its services described herein or funds from any expected funding source become unavailable,
the District shall notify the City and the obligations of the City shall immediately cease and this
agreement terminate, unless the district otherwise assumes the obligations for the payment of
services rendered by the Police Department.
7. Non - discrimination. In the performance of this agreement, the District and the City shall
comply with the provisions of Title VI of the Civil Rights Act of 1964 (42 USC 200d), Section
504 of the Rehabilitation Act of 1973 (29 USC 7904) and Chapter 49.60 RCW, as now and
hereafter amended. Both shall not, except as they may be specifically allowed by laws to do so,
discriminate on the grounds of race, color, national origin, sex, religion, marital status, age,
creed, Vietnam -Era and Disabled Veterans status, or the presence of any sensor, mental, or
physical handicap.
In the event of non - compliance by either party or refusal to comply with the above provisions
this agreement may be rescinded, canceled, or terminated in whole or in part. The non-
complying party shall, however, be given a reasonable time in which to cure this non-
compliance. Any dispute may be resolved in accordance with the "Disputes" procedure set forth
herein.
Interagency Agreement between Pasco School District No. 1 and the City of Pasco.
Page 3 of 6
8. Records Maintenance. The City shall maintain books, records, documents and other
evidence that sufficiently and effectively reflect all direct and indirect cost expended in the
performance of the services described herein. These records shall be subject to inspection,
review or audit by the personnel of both parties, other personnel authorized by either party, the
Office of the State Auditor and federal officers, if any, so authorized by law. The City and
District shall retain all books, records, documents, and other materials relevant to this agreement
for five (5) years after expiration. The office of the State Auditor, federal auditors, and any
persons authorized by the parties shall have full access and the right to examine any of these
materials during this five -year period.
9. Responsibilities and Authority of School Administrator. The principal or other
administrator designated by the District is responsible for the supervision and daily operations of
the school shall, subject to the lawful exercise of the officer's law enforcement responsibilities,
schedule, assign and direct the officer's duties under this agreement.
The principal is responsible for the investigation of non - criminal incidents that occur at or are
related to the school. If the principal finds that he or she or any individual is in physical danger,
the principal may request the law enforcement officer to assist him or her.
In the case of a search of student property for the violation of District rules or other
administrative reasons, the school principal or designated administrator or District employee will
conduct the search. Once the principal has reason to believe that a crime has been or may be
committed, the principal or other designated administrator shall request the law enforcement
officer to assume responsibility.
The building administrator shall have the responsibility to contact and report to parents and
patrons regarding activities and findings of the law enforcement officer, where appropriate.
10. Indemnification. Each party shall defend, protect and hold harmless the other party from
and against all claims, suits and/or actions arising from any negligent or intentional act or
omission of that party's employees or agents while performing under this agreement.
11. Agreement Alterations and Amendments. The District and the City may mutually amend
this agreement. Such amendments shall not be binding unless they are in writing and signed by
the personnel authorized to bind the District and the City.
12. Termination. Except as otherwise provided in this agreement, either party may terminate
this agreement by providing sixty (60) days advance written notification to the other party of
their intent to terminate the agreement. If this agreement is so terminated, the terminating party
shall be liable only for performance, in accordance with the terms of this agreement for
performance rendered prior to the effective date of termination.
13. Savings. Should any portion of this agreement be declared illegal, the balance of the
agreement shall remain in full force and effect to carry out the purposes of this agreement.
14. Disputes. In the event that a dispute arises under this agreement, it shall be resolved in the
following manner: The Director of Educational Services of the District shall appoint a member to
the Dispute Board. The Pasco Chief of Police shall appoint a member to the Dispute Board. The
Interagency Agreement between Pasco School District No. 1 and the City of Pasco.
Page 4 of 6
13. Savings. Should any portion of this agreement be declared illegal, the balance of the
agreement shall remain in full force and effect to carry out the purposes of this agreement.
14. Disputes. In the event that a dispute arises under this agreement, it shall be resolved in
the following manner: The Director of Educational Services of the District shall appoint a
member to the Dispute Board. The Pasco Chief of Police shall appoint a member to the Dispute
Board. The Director of Educational Services and the Pasco Chief of Police shall jointly appoint
a third member to the Dispute Board. That person shall act as chairperson, convene the Dispute
Board and cause a determination of the dispute, arrived at by a majority of the Board, to be
rendered in a timely manner. The determination of the Dispute Board shall be final and binding
on the District and the City.
15. Notices. Any notices required herein or related hereto shall be delivered in writing to the
District at:
Pasco School District No.1
Attn.: Assistant Superintendent, Operations
1215 West Lewis Street, Pasco, WA 99301
And to the City at: Pasco Police Department
Attn: Chief of Police
525 North 3rd Avenue, Pasco, WA 99301
16. All Writings Contained Herein. This agreement contains all the terms and conditions
agreed to by the parties. No understandings, oral or otherwise, regarding the subject matter of
this agreement shall be deemed to exist or to bind any of the parties to this agreement.
Interagency Agreement between Pasco School District No. 1 and the City of Pasco.
Page 5 of 6
In Witness whereof, the parties have executed this agreement effective this day of
2012.
City of Pasco:
Pasco School District No. 1
Matt Watkins Sherry Lanconn
Mayor President, Board of Directors
Attest:
Debbie Clark
City Clerk
Approved as to Form
Leland Kerr
City Attorney
r /.1/
SaundrML. Hill
Superintendent
�tiir
0 ohn Morgan
Assistant Superintendent of Operations
npu+d' a.a }v
ornton
Executive Director of Hu an Resources
and Legal Affairs
Interagency Agreement between Pasco School District No. 1 and the City of Pasco.
Page 6 of 6
AGENDA REPORT
FOR: City Council May 14, 2012
TO: Gary Crutchfield, City Manager 1>�� Regular Mtg.: 5/21/12
Rick White, �l r
Community & Economic Development Director
FROM: Shane O'Neill, Planner I
SUBJECT: STREET VACATION (MF# VAC 2012 -003) Portion of East Clark St.
I. REFERENCE(S):
1. Overview Map
2. Vicinity Map
3. Proposed Resolution
4. Vacation Petition
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
5/21: MOTION: I move to approve Resolution No. 37'W , setting 7:00
P.M., Monday, June 18, 2012, as the time and date to conduct a
public hearing to consider vacating a portion of East Clark
Street.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. The owner of Lots 7 -10, Block 104, NP Plat has petitioned to vacate the north 10
feet of East Clark Street adjacent to said lots. The property owner is planning on
developing the property sometime in the near future.
B. The petition requires the City Council to fix a public hearing to consider the
vacation request. The earliest regular City Council meeting available for a public
hearing, which provides the statutory 20 -day hearing notice, is June 18, 2012.
3(f)
Overview Item: ROW Vacation Clark Street
Applicant: Pompello D. Rivera
Ma Applicant:
File #: VAC2012-003
t, , Ir
jJ
I00
-1
M
=1
.IrL e i.
10�
1
I
RESOLUTION NO. 00V
A RESOLUTION FIXING THE TIME AND DATE FOR A PUBLIC HEARING TO
CONSIDER THE VACATION OF A PORTION OF EAST CLARK STREET.
WHEREAS, from time to time in response to petitions or in cases where it serves the
general interest of the City, the City Council may vacate rights -of -way; and
WHEREAS, R.C.W. 35.79 requires public hearings on vacations to be fixed by
Resolution, NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
That a public hearing to consider vacating the north 10 feet of East Clark Street adjacent
to Lots 7 -11, Block 104, NP Plat, will be held before the City Council of the City of Pasco in the
Council Chambers at 525 N. Third Avenue, Pasco, Washington, at the hour of 7:00 p.m., on June
18, 2012. That the City Clerk of the City of Pasco give notice of said public hearing as required
by law.
Passed by the City Council of the City of Pasco this 2151 day of May, 2012.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark,
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
CITY OF PASCO
STREET /ALLEY VACATION PETITION
MASTER FILE # VAmog -oo3 DATE SUBMITTED: S .'Z-
FEE $200
1, we the undersigned, owners of two- thirds of the privately owned abutting
property hereby petition the City Council of the City of Pasco to vacate the
following described street /alley rights -of -way:
NE N091+1 TFN 60� FEer OF Cu1(tr_ STR-ft: -r AD3ACXN-r LOTS -t TM9-0 10 of
FARCEt-S: lli•o$3 OZ2 It2. 09•S
APPLICANT: PROPIPRTY OWNED (Legal Description)
Print Name: TrvnDeO I- .je rC� %1/J 5 c'L ')n C
Sign Name:
Address:uio W Lew "t� Pcsco.wrt�4'�ot
Phone # 5er0 - -70?- 54:3cD Date n -.�t - t
302 -9692 NAon i
Print Name:
Sign Name:
Date
Print Name:
Sign Name:
Date
GENERAL FUND OPERATING STATEMENT
THROUGH APRIL 2012
These statements are intended for Management use only.
6(b)
YTD
2012
% OF
YTD
TOTAL
% OF
2012
ORIGINAL
ANNUAL
2011
2011
TOTAL
ACTUAL
BUDGET
BUDGET
ACTUAL
BUDGET
ACTUAL
REVENUE SOURCES:
TAXES:
PROPERTY
1,776,475
6,200,000
28.7%
1,049,824
6,000,000
17.5%
SALES
2,621,663
8,265,000
31.7%
2,640,434
8,225,000
32.1%
UTILITY
2,941,357
7,751,660
37.9%
2,802,141
7,560,000
37.1%
OTHER
469,115
1,035,000
45.3%
455,152
1,015,000
44.8%
LICENSES & PERMITS
825,042
1,093,700
75.4%
800,750
1,052,650
76.1%
INTERGOVT REVENUE
370,534
1,679,700
22.1%
467,629
1,632,200
28.7%
CHARGES FOR SERVICES
1,304,733
4,531,330
28.8%
831,139
3,007,750
27.6%
FINES & FORFEITS
261,776
977,200
26.8%
317,627
971,600
32.7%
MISC. REVENUE
217,478
672,245
32.4%
169,649
634,200
26.8%
OTHER FINANCING SOURCES
56,274
138,000
40.8%
33,413
100,000
33.4%
TOTAL REVENUES
10,844,447
32,343,835
33.5%
9,567,758
30,198,400
31.7%
BEGINNING FUND BALANCE
11,085,645
9,970,821
9,385,989
6,000,000
TOTAL SOURCES
21,930,092
42,314,656
51.8%
18,953,747
36,198,400
52.4%
EXPENDITURES:
.YCOUNCIL
36,514
118,807
30.7 %
32,592
118,040
27.6%
MUNICIPAL COURT
375,957
1,335,634
28.1%
371,115
1,275,150
29.1%
CITY MANAGER
313,072
951,034
32.9%
263,368
915,410
28.8 %
POLICE
3,035,228
11,449,715
26.5%
3,383,504
11,284,368
30.0%
FIRE
1,378,205
4,164,541
33.1%
1,312,997
4,193,418
31.3 %
ADMIN & COMMUNITY SVCS
1,785,476
6,456,743
27.7%
1,636,019
5,595,700
29.2%
COMMUNITY DEVELOPMENT
374,423
1,208,878
31.0%
318,614
1,101,400
28.9%
ENGINEERING
393,075
1,514,469
26.0%
403,405
1,193,280
33.8%
MISC. NON - DEPARTMENT
2,955,226
13,966,455
21.2%
1,321,121
9,372,872
14.1%
LIBRARY
381,094
1,148,380
33.2 %
429,902
1,148,880
37.4%
TOTAL EXPENDITURES
11,028,270
42,314,656
26.1%
9,472,637
36,198,518
26.2%
ENDING FUND BALANCE
10,901,822
9,970,821
9,481,110
6,000,000
TOTAL EXPEND & END FUND BAL
21,930,092
52,285,477
18,953,747
42,198,518
AVAILABLE CASH BALANCE
9,124,357
7,220,458
PERCENTAGE OF BUDGET ALLOCATED FOR 4 MONTHS
33%
These statements are intended for Management use only.
6(b)
AGENDA REPORT
FOR: City Council May 7, 2012
TO: Gary Crutchfield, City Manager Workshop Mtg.: 5/14/12
Regular Mtg.: 5/21/12
FROM: Rick White,
Community & Economic Development Director e(i.4
SUBJECT: Extension of Final Plat Approval Period (MF# CA2012 -005)
I. REFERENCE(S):
1. Proposed Ordinance
2. HB 2152
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
5/14: DISCUSSION
5/21: MOTION I move to adopt Ordinance No. , amending PMC
26.28.010 extending the final plat approval time period from
seven years to nine years and amending PMC 26.28.070
revising terms of approval of final plats, and further, authorize
publication by summary only.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. RCW 58.17 specifies the time limit for submittal of a final plat once preliminary
plat approval is received.
B. Until June 10, 2010, this time limit was five (5) years, at which time the State
Legislature changed the time limit to seven (7) years (SB 6544).
C. The State Legislature has again amended RCW 58.17 by adopting HB 2152
providing an extension of the period for completion of final plats after preliminary
plat approval to nine (9) years as long as preliminary plat approval was received
before December 31, 2007. HB 2152 is effective as of June 7, 2012.
D. The Bill (HB 2152) also revises final plat vesting provided the requirements of
RCW 90.58 (Shoreline Management Plan) do not apply and provided changed
plat conditions do not create a serious threat to public health or safety.
V. DISCUSSION:
A. The revisions to PMC 26.28.010 and 26.28.070 reflect revisions to State platting
law. These revisions should be enacted in Pasco Municipal Code to establish
consistency between State law and local regulations.
Y�
8(a)
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington,
Amending Section 26.28.010 "Application" and Section
26.28.070 "Terms of Approval" Providing for the Extension of
a Period for Final Plat Approval.
WHEREAS, the State legislature has amended Chapter 58.17 providing an extension for
the period for completion of final plats after preliminary plat approval in response that the delays
in residential developments caused by the downturn of the economy; and
WHEREAS, it is necessary to bring the City procedure for preliminary and final plat
approval into conformity with these changes in State law, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 26.28.010 entitled "Application" of the Pasco Municipal
Code, shall be and hereby is amended and shall read as follow:
26.28.010 APPLICATION.
(1) Within F (5) of the approval of .. preliminary plat, the subdivider Tall year-s
prepare :«. submit f , « « «..al a final plat for .e.. r-di «. «.,...ems t. . ethe , iths;ieh
supplemen4ary information, eei4ifieates; and- h-R-nd-s as may be reqttked. The final plat shall be
submitted to the Gity Planiier at least fifteen (15) days befefe the Gity Gouneil meeting at Whie
approval is setigarExcept as provided in subsection (2) below, a final plat meeting all of the
requirements of this Chapter shall be submitted to the City Council for approval within seven (7)
years of the date of the preliminary plat approval if the date of the preliminary plat approval is on
or before December 31 2014, and within five (5) years of the date of preliminary plat approval,
if the date of preliminary plat approval is on or before January 1, 2015.
(2) A final plat meeting all requirements of this Chapter shall be submitted to the City
Council for approval within nine (9) years of the date or preliminary plat approval if the project
is within the City limits, not subject to the requirements adopted under Chapter 90.48 RCW
(Shoreline Manaeement Plan). and the date of the preliminary plat approval is on or before
December 31, 2007
(3) The proposed final plat shall be submitted for recording purposes, together with
such supplementary information, certificates and bonds as may be required, to the City Planner at
least fifteen (15) days before the City Council meeting at which approval is sought.
(24) A complete application shall consist of the original signed, dated and stamped
mylar drawing of the subdivision with ten (10) copies, a title certificate, applicable instrument
identified in PMC 26.28.050 to cover the cost of outstanding improvements, and digital copy of
the final plat in a format specified by the City Engineer. (Ord. 3398 Sec. 2, 1999.)
Ordinance Amending Section 26.28.010
and Section 26.28.070 - 1
Section 2. That Section 26.28.070 entitled "Terms of Approval" of the Pasco Municipal
Code shall be and hereby is amended and shall read as follows:
26.28.070 TERMS OF APPROVAL.
(1) A subdivision shall be governed by the terms of approval of the final plat, and the
statutes, zoning ordinances and regulations in effect on the date of the preliminary plat approval
for a period of five (5) seven 7 years after final plat approval if the date of the final plat
approval is on or before December 31, 2014; and for a period of five (5) years after the final plat
approval if the date of final plat approval is on or after January 1, 2015, unless the City Council
finds that a change in conditions creates a serious threat to the public health or safety in the
subdivision.
(2) A subdivision shall be governed by the terms of approval of the final plat, and the
statutes, zoning ordinances and regulations in effect at the time of approval of the preliminary
plat for a period of nine (9) years after final plat approval if the proiect is located within the City
limits, not subject to the requirements adopted under Chapter 90.58 RCW (Shoreline
Management Plan), and the date of the final plat approval is on before December 31, 2007,
unless the City Council finds that a change in conditions creates a serious threat to the public
health or safety in the subdivision. (Ord. 3398 See. 2, 1999.)
Section 3. This Ordinance shall take full force and effect on June 7, 2012, after its
approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this day of 12012.
Matt Watkins, Mayor
ATTEST:
APPROVED AS TO FORM:
Debbie Clark, City Clerk Leland B. Kerr, City Attorney
Ordinance Amending Section 26.28.010
and Section 26.28.070 - 2
CERTIFICATION OF ENROLLMENT
ENGROSSED HOUSE BILL 2152
Chapter 92, Laws of 2012
62nd Legislature
2012 Regular Session
PLATS -- TIMELINES
EFFECTIVE DATE: 06/07/12
Passed by the House March 3, 2012
Yeas 95 Nays 0
FRANK CHOPP
Speaker of the House of Representatives
Passed by the Senate March 1, 2012
Yeas 48 Nays 0
BRAD OWEN
President of the Senate
Approved March 29, 2012, 1:15 p.m.
CHRISTINE GREGOIRE
Governor of the State of Washington
CERTIFICATE
I, Barbara Baker, Chief Clerk of
the House of Representatives of
the State of Washington, do hereby
certify that the attached is
ENGROSSED HOUSE BILL 2152 as
passed by the House of
Representatives and the Senate on
the dates hereon set forth.
BARBARA BAKER
Chief Clerk
FILED
March 29, 2012
Secretary of State
State of Washington
ENGROSSED HOUSE BILL 2152
AS AMENDED BY THE SENATE
Passed Legislature - 2012 Regular Session
State of Washington 62nd Legislature 2012 Regular Session
By Representatives Angel, Takko, Dammeier, Rivers, Kristiansen,
Springer, Buys, Tharinger, and Liias
Read first time 12/07/11. Referred to Committee on Local Government.
1 AN ACT Relating to timelines associated with plats; amending RCW
2 58.17.140 and 58.17.170; and repealing 2010 c 79 s 3 (uncodified) .
3 BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF WASHINGTON:
4 Sec. 1. RCW 58.17.140 and 2010 c 79 s 1 are each amended to read
5 as follows:
6 (1) Preliminary plats of any proposed subdivision and dedication
7 shall be approved, disapproved, or returned to the applicant for
8 modification or correction within ninety days from date of filing
9 thereof unless the applicant consents to an extension of such time
10 period or the ninety day limitation is extended to include up to
11 twenty -one days as specified under RCW 58.17.095(3): PROVIDED, That if
12 an environmental impact statement is required as provided in RCW
13 43.21C.030, the ninety day period shall not include the time spent
14 preparing and circulating the environmental impact statement by the
15 local government agency.
16 (2) Final plats and short plats shall be approved, disapproved, or
17 returned to the applicant within thirty days from the date of filing
18 thereof, unless the applicant consents to an extension of such time
19 period.
P. 1 EHB 2152.SL
1 (3)(a) Except as provided by (b) of this subsection, a final plat
2 meeting all requirements of this chapter shall be submitted to the
3 legislative body of the city, town, or county for approval within seven
4 years of the date of preliminary plat approval if _ the _ date _ of
5 preliminary plat approval is on or before December 31, 2014, and within
6 five_ years_ of_ the _date _of_ preliminary_plat _ approval_if_ the _date _of
7 preliminary plat approval is on or after January 1; 2015.
8 (b) A final plat meeting all requirements of this chapter shall be
9 submitted to the legislative body of the city for approval within nine
10 years of the date of Preliminary plat approval if the project is within
11 city limits, not subject to reauirements adopted under chapter 90,58
12 RCW, and the date of preliminary plat approval is on or before December
13 31, 2007.
14 h Nothing contained in this section shall act to prevent any
15 city, town, or county from adopting by ordinance procedures which would
16 allow extensions of time that may or may not contain additional or
17 altered conditions and requirements.
18 Sec. 2. RCW 58.17.170 and 2010 c 79 s 2 are each amended to read
19 as follows:
20 (1) When the legislative body of the city, town or county finds
21 that the subdivision proposed for final plat approval conforms to all
22 terms of the preliminary plat approval, and that said subdivision meets
23 the requirements of this chapter, other applicable state laws, and any
24 local ordinances adopted under this chapter which were in effect at the
25 time of preliminary plat approval, it shall suitably inscribe and
26 execute its written approval on the face of the plat. The original of
27 said final plat shall be filed for record with the county auditor. One
28 reproducible copy shall be furnished to the city, town or county
29 engineer. One paper copy shall be filed with the county assessor.
30 Paper copies shall be provided to such other agencies as may be
31 required by ordinance.
32 (2)(a) Except as provided by (b) of this subsection, any lots in a
33 final plat filed for record shall be a valid land use notwithstanding
34 any change in zoning laws for a period of seven years from the date of
35 filing if the date of filing is on or before December 31, 2014, and for
36 a period of five years from the date of filing if the date of filing is
37 on or after January 1, 2015
EHB 2152.SL p. 2
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(b) Any lots in a final plat filed for record shall be a valid land
use _notwithstanding_any_ change in _zoning laws_ for a_ period_ of nine
years from the date of filing if the project is within city limits, not
subject to requirements adopted under chapter 90.58 RCW, and the date
of filing is on or before December 31, 2007.
(3)(a) Except as provided by (b) of this subsection, a subdivision
shall be governed by the terms of approval of the final plat, and the
statutes, ordinances, and regulations in effect at the time of approval
under RCW 58.17.150 (l) and (3) for a period of seven years after final
plat approval if_ the _ date _ of _final_plat_approval_is_on_or_ before
December_31, _2014, _and _for _a_ period _ of_five_ years _after_final_ plat
approval if the date of final plat approval is on or after January 1,
2015, unless the legislative body finds that a change in conditions
creates a serious threat to the public health or safety in the
subdivision.
(b) A subdivision shall be governed by the terms of approval of the
final plat, and the statutes, ordinances, and regulations in effect at
the time of approval under RCW 58.17.150 (1) and (3) for a period of
nine _years after _ final _ plat_ approval_ if_ the _project_is _ within _city
limits, not subject to requirements adopted under chapter 90.58 RCW,
and the date of final plat approval is on or before December 31, 2007,
unless the legislative body finds that a change in conditions creates
a serious threat to the public health or safety in the subdivision.
NEW _ SECTION. Sec. 3. 2010 c 79 s 3 (uncodified) is hereby
repealed.
Passed by the House March 3, 2012.
Passed by the Senate March 1, 2012.
Approved by the Governor March 29, 2012.
Filed in Office of Secretary of State March 29, 2012.
p. 3
EHB 2152.SL
AGENDA REPORT
FOR: City Council
TO: Gary
v
FROM: Stan Strebel, 4puty City Manager �Q
SUBJECT: Franchise Agreement — LightSpeed Networks
I. REFERENCE(S):
I. Proposed Ordinance
2. Proposed Franchise Agreement
3. LightSpeed Networks Proposed Locations
4. LightSpeed Networks Fact Sheet
April 9, 2012
Regular Mtg.: 5/7/12
Regular Mtg.: 5/21/12
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
5/7: CONDUCT A PUBLIC HEARING
5/21: MOTION: I move to adopt Ordinance No. granting a franchise
to LightSpeed Networks, Inc., dba LS Networks and to authorize
the Mayor to sign the franchise agreement and, further, to
authorize publication of the Ordinance by summary only.
III. FISCAL IMPACT:
1` 0".
IV. HISTORY AND FACTS BRIEF:
A) LS Networks is a telecommunications company with headquarters in Portland,
Oregon. The company operates a fiber optic network with the intent of
facilitating the expansion of the 4G network operated by US Cellular.
B) Franchises are reviewed and granted pursuant to Title 15 of the Pasco Municipal
Code. Prior to granting a franchise, the City Council must conduct a public
hearing and thereafter make a decision on the franchise based on the following
standards:
1. Whether the applicant has received all requisite licenses, certificates,
and authorizations from the Federal Communications Commission, the
Washington Utilities and Transportation Commission, and any other
federal or state agency with jurisdiction over the activities proposed by
the applicant;
2. The capacity of the public ways to accommodate the applicant's
proposed facilities;
3. The capacity of the public ways to accommodate additional utility,
cable, open video, and telecommunications facilities if the franchise is
granted;
4. The damage or disruption, if any, of public or private facilities,
improvements, service, travel or landscaping if the franchise is
granted;
5. The public interest in minimizing the cost and disruption of
construction within the public ways;
6. The service that applicant will provide to the community and region;
7. The effect, if any, on public health, safety and welfare if the franchise
is granted;
• Q
8. The availability of alternate routes and/or locations for the proposed
facilities;
9. Applicable federal and state communications laws, regulations and
policies;
10. Such other factors as may demonstrate that the grant to use the public
ways will serve the community interest and;
11. Such other and further factors as may be deemed appropriate by the
City.
C) The Council cannot approve a franchise until the next regularly scheduled
meeting following the hearing. Assuming Council agrees to grant the franchise,
adoption of the attached proposed ordinance is recommended. A written
determination is required for denial of a franchise.
V. DISCUSSION:
A) The franchise document grants authority and establishes essential parameters for
the installation/operation of the franchisee's improvements within the city's
rights -of -way, such as permitting, insurance, records, fees, etc.
B) Staff has prepared the attached, proposed franchise agreement in compliance with
Title 15 and applicable state and federal law.
C) Individual permit applications for specific installations are required of
franchisees.
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington, Approving the
LightSpeed Networks, Inc., (dba LS Networks) Franchise and Authorizing the
Mayor to sign the Franchise Agreement
WHEREAS, the City of Pasco, Washington ( "City ") and LightSpeed Networks, Inc., dba
LS Networks ( "Franchisee "), are parties to the Franchise Agreement attached hereto as Exhibit
A; and
WHEREAS, the City has authority to regulate telecommunication franchises pursuant to
RCW 35A.47.040 and Pasco Municipal Code Chapter 15.10; and
WHEREAS, the City has reviewed Franchisee's application for a franchise and
determined that the Franchisee possesses the legal, technical and financial capability to operate
within the City's rights -of -way; and that the grant of a franchise will meet the standards set forth
in Pasco Municipal Code Section 15.10.050; and
WHEREAS, the City and Franchisee have mutually negotiated a Franchise Agreement
containing the Franchisee's obligations and responsibilities while operating within the City's
rights -of -way; and
WHEREAS, the City has provided opportunities to the public for participation in the
application process by publishing this Ordinance and by conducting a public hearing on May 7,
2012; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Franchisee is hereby granted a franchise subject to the terms and
conditions of the Franchise Agreement attached hereto as Exhibit A; and furthermore, the Mayor
of the City of Pasco, Washington, is hereby authorized to execute said Franchise Agreement.
Section 2. This Ordinance shall take full force and effect five (5) days after its approval,
passage, and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this day of 2012.
Matt Watkins, Mayor
ATTEST:
Debra Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
FRANCHISE AGREEMENT
THIS FRANCHISE AGREEMENT entered into this day of
, 2012, by and between the City of Pasco, Washington, a Washington
Municipal Corporation (hereinafter referred to as "City", and LightSpeed Networks Inc., dba LS
Networks, an Oregon Corporation (hereinafter referred to as "Franchisee ").
WHEREAS, Section 35A.47.040 and Chapter 35.99 of the Revised Code of Washington
authorize the City to grant, permit, and regulate non - exclusive franchises for the use of public
ways; and
WHEREAS, Franchisee has applied to the City for a non - exclusive franchise to enter,
occupy, and use public ways to construct, install, operate, maintain, and repair fiber optic
facilities to offer and provide telecommunications service for hire, sale, or resale in the City of
Pasco; and
WHEREAS, a franchise is a legislatively approved master permit granting general
permission to a service provider to enter, use, and occupy the public ways for the purpose of
locating facilities subject to requirements that a franchisee must also obtain separate use permits
from the City for use of each and every specific location in the public ways in which the
franchisee intends to construct, install, operate, maintain, repair or remove identified facilities;
and
WHEREAS, a franchise does not include, and is not a substitute for any other permit,
agreement, or other authorization required by the City, including without limitation, permits
required in connection with construction activities in public ways which must be administratively
approved by the City after review of specific plans; and
WHEREAS, the City has conducted a public hearing and reviewed the application based
upon the standards set forth in Pasco Municipal Code Section 15.10.050 (A); and
WHEREAS, the City approved this Franchise Agreement pursuant to RCW 35A.47.040
at the next regularly scheduled Council meeting following the public hearing pursuant to
Ordinance No. ; and
WHEREAS, the City finds that the franchise terms and conditions contained in this
Agreement are in the public interest.
NOW, THEREFORE, the Parties do agree as follows:
1. DEFINITIONS. For the purposes of this Agreement, all terms shall have the meaning as
defined in PMC 15.10.020. Terms not specifically defined therein shall be given their
ordinary meaning. The following additional definitions shall apply:
A. "Conduit" means optical cable housing, jackets, or casing, and pipes, tubes, or
tiles used for receiving and protecting wires, lines, cables, and communication and
signal lines.
B. "Dark Fiber" means properly functioning optical cable which is not used or
available for use by Franchisee or the general public.
C. Gross Revenue" means Any and all revenue, of any kind, nature, or form, without
deduction for expense in the City and as further defined in Section 10. All such
revenue remains subject to applicable FCC rules and regulations.
D. "Information" means knowledge or intelligence represented by any form of
writing, signs, signals, pictures, sounds, or any other symbols.
E. "Optical Cable" means wires, lines, cables and communication and signal lines
used to convey communications by fiber optics.
2. FRANCHISE.
A. The City grants to Franchisee, subject to the terms and conditions of this
Agreement and PMC Title 15, a non - exclusive franchise to enter, occupy, and use
public ways for constructing, installing, operating, maintaining, repairing, and
removing wireline facilities necessary to provide telecommunications services.
Franchisee shall construct, install, operate, maintain, repair, and remove its
facilities at its expense.
B. Any rights, privileges, and authority granted to Franchisee under this Franchise
are subject to the legitimate rights of the police power of the City to adopt and
enforce general ordinances necessary to protect the safety and welfare of the
public, and nothing in this Franchise excuses Franchisee from its obligation to
comply with all applicable general laws enacted by the City pursuant to such
power. Any conflict between the terms or conditions of this Franchise and any
other present or future exercise of the City's police powers will be resolved in
favor of the exercise of the City's police power.
C. Nothing in this Franchise excuses Franchisee of its obligation to identify its
facilities and proposed facilities and their location or proposed location in the
public ways and to obtain use and /or development authorization and permits from
the City before entering, occupying, or using public ways to construct, install,
operate, maintain, repair, or remove such facilities.
D. Nothing in this Franchise excuses Franchisee of its obligation to comply with
applicable codes, rules, regulations, and standards subject to verification by the
City of such compliance.
LS Networks Franchise Agreement - Page 2
E. Nothing in this Franchise shall be construed to create a duty upon the City to be
responsible for construction of facilities or to modify public ways to accommodate
Franchisee's facilities.
F. Nothing in this Franchise grants authority to Franchisee to provide or offer cable
television service.
G. Nothing in this Franchise shall be construed to create, expand, or extend any
liability to the City or to any third party user of Franchisee's facilities or to
otherwise recognize or create third party beneficiaries to this Franchise.
3. TERM. Authorization granted under this Franchise shall be for a period of ten (10) years
from the effective date of this Franchise. The Franchise may be renewed as provided in
PMC Chapter 15.20. This Agreement shall be effective five (5) days following the
passage of an authorizing Ordinance and publication of this Franchise, or a summary
thereof, occurs in a newspaper of general circulation in the City pursuant to RCW
35A.47.040, or upon execution by all parties hereto whichever occurs later.
4. LOCATION OF FACILITIES. Franchisee will locate its facilities consistent with the
requirements of PMC Title 15 and as directed by the City Engineer. Prior to installation
of any facilities, Franchisee shall obtain all required City permits.
5. COORDINATION OF CONSTRUCTION AND INSTALLATION ACTIVITIES
AND OTHER WORK. All construction or installation locations, activities and
schedules shall be coordinated, as ordered by the City consistent with PMC Chapter 15.70
and as directed by the City Engineer, to minimize public inconvenience, disruption or
damages.
6. HOLD HARMLESS AND ASSUMPTION OF RISK.
A. Hold Harmless.
(1) Franchisee hereby releases, covenants not to bring suit and agrees to
indemnify, defend and hold harmless the City, its elected officials,
officers, employees, servants, agents, and representatives against any and
all claims, costs, damages, judgments, awards, or liability, of any kind
whatsoever, to any person, including claims by Franchisee's own
employees to which Franchisee might otherwise be immune under Title 51
RCW, arising from injury or death of any person or damage to property
arising out of the acts or omissions of Franchisee, its officers, employees,
servants, agents or representatives.
(2) Franchisee further releases, covenants not to bring suit and agrees to
indemnify, defend and hold harmless the City, its elected officials,
officers, employees, servants, agents, and representatives from any and all
LS Networks Franchise Agreement - Page 3
claims, costs, damages, judgments, awards, or liability to any person,
including claims by Franchisee's own employees, including those claims
to which Franchisee might otherwise have immunity under Title 51 RCW,
arising out of Franchisee's exercise of the rights, privileges, or authority
granted by this Franchise which are made against the City, in whole or in
part, due to the City's ownership or control of the public ways or other
City property, by virtue of the City permitting the Franchisee's entry,
occupancy or use of the public ways, or based upon the City's inspection
or lack of inspection of work performed by Franchisee, its officers,
employees, servants, agents or representatives.
(3) These hold harmless covenants include, but are not limited to claims
against the City arising as a result of the acts or omissions of Franchisee,
its officers, employees, servants, agents or representatives in barricading,
instituting trench safety systems or providing other adequate warnings of
any excavation, construction, or work in any public way or other public
place in performance of work or services permitted under this Franchise.
(4) Franchisee further agrees to indemnify, hold harmless and defend the City,
its elected officials, officers, employees, servants, agents, and
representatives against any claims for damages, including, but not limited
to, business interruption damages and lost profits, brought by or under
users of the Franchisee's facilities as the result of any interruption of
service due to damage or destruction of the user's facilities caused by or
arising out of damage or destruction of Franchisee's facilities, except to
the extent any such damage or destruction is caused by or arises from the
active sole negligence or willful misconduct of the City.
(5) In the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent
negligence of Franchisee and the City, Franchisee's liability hereunder
shall be only to the extent of Franchisee's negligence.
(6) It is further specifically and expressly understood that the hold harmless
covenants provided herein constitutes the Franchisee's waiver of immunity
under Title 51 RCW. This waiver has been mutually negotiated by the
parties.
(7) Inspection or acceptance by the City of any work performed by Franchisee
at the time of completion of construction or installation shall not be
grounds for avoidance of any of these hold harmless covenants. Said hold
harmless obligations shall extend to claims which are not reduced to a suit
and any claims which may be compromised prior to the culmination of any
litigation or the institution of any litigation.
LS Networks Franchise Agreement - Page 4
(8) In the event that Franchisee refuses the tender of defense in any suit or any
claim, said tender having been made pursuant to the hold harmless
covenants contained herein, and said refusal is subsequently determined by
a court having jurisdiction (or such other tribunal that the parties shall
agree to decide the matter), to have been a wrongful refusal on the part of
Franchisee, then Franchisee shall pay and be responsible for all of the
City's costs for defense of the action, including all reasonable expert
witness fees and reasonable attorneys' fees and the reasonable costs of the
City, including reasonable attorneys' fees of recovering under this hold
harmless clause.
B. Assumption of Risk.
(1) Franchisee assumes the risk of damage to its facilities located in the City's
public ways from activities conducted by third parties or the City, its
elected officials, officers, employees, servants, agents, or representatives.
Franchisee releases and waives any and all claims against the City, its
elected officials, officers, employees, servants, agents, and representatives
for damage to or destruction of the Franchisee's facilities except to the
extent any such damage or destruction is caused by or arises from active
sole negligence or willful misconduct of the City.
(2) Franchisee bears sole responsibility to insure its property. Franchisee shall
ensure that its insurance contracts waive subrogation claims against the
City, its elected officials, officers, employees, servants, agents, and
representatives, and Franchisee shall indemnify, defend and hold harmless
the City, its elected officials, officers, employees, servants, agents, and
representatives against any and all subrogation claims if it fails to do so.
7. INSURANCE. Franchisee shall obtain and maintain, at its cost, worker's compensation
insurance and the following liability insurance policies insuring both Franchisee and the
City, and its elected and appointed officers, officials, agents, employees, representatives,
engineers, consultants, and volunteers as additional insureds against claims for injuries to
persons or damages to property which may arise from or in connection with the exercise
of the rights, privileges, and authority granted to Franchisee:
A. Comprehensive general liability insurance, written on an occurrence basis, with
limits not less than:
(1) $1,000,000.00 for bodily injury or death to each person;
(2) $1,000,000.00 for property damage resulting from any one accident; and
(3) Franchisee and its contractors and /or subcontractors shall maintain
umbrella liability insurance coverage, in an occurrence form, over
underlying commercial liability and automobile liability of $5,000,000.
LS Networks Franchise Agreement - Page 5
B. Automobile liability for owned, non -owned and hired vehicles with a limit of
$1,000,000.00 per occurrence.
C. The liability insurance policies required by this section shall be maintained by
Franchisee throughout the term of this Franchise, such other periods of time
during which Franchisee's facilities occupy public ways, and while Franchisee is
engaged in the removal of its facilities. Franchisee shall provide an insurance
certificate, together with an endorsement naming the City, and its elected and
appointed officers, officials, agents, employees, representatives, engineers,
consultants, and volunteers as additional insureds, to the City prior to the
commencement of any construction or installation of any facilities pursuant to this
Franchise or other work in a public way. Any deductibles or self - insured
retentions must be declared to and approved by the City. Payment of deductibles
and self - insured retentions shall be the sole responsibility of Franchisee. The
insurance certificate required by this section shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability.
Franchisee's insurance shall be primary insurance with respect to the City, its
officers, officials, employees, agents, consultants, and volunteers. Any insurance
maintained by the City, its officers, officials, employees, consultants, agents, and
volunteers shall be in excess of the Franchisee's insurance and shall not contribute
with it.
D. In addition to the coverage requirements set forth in this section, each such
insurance policy shall contain an endorsement in a form which substantially
complies with the following:
"It is hereby understood and agreed that this policy may not be canceled
nor the intention not to renew be stated until 10 days after receipt by the
City, by registered mail, of a written notice addressed to the Pasco City
Manager of intent to cancel or not to renew for reason of nonpayment of
premium and until 30 days after receipt by the City, by registered mail, of
a written notice addressed to the Pasco City Manager of intent to cancel or
not to renew for reason for any other reason."
E. At least ten (10) days prior to said cancellation or non - renewal, Franchisee shall
obtain and furnish to the City replacement insurance policies meeting the
requirements of this section.
8. SECURITY FUND. The fund described herein shall be considered an additional security
and protection above, beyond and in addition to those rights and remedies already
provided by other law including, but not limited to, PMC Title 15. Franchisee shall
establish and maintain a security fund in the amount of ten thousand dollars ($10,000), at
its cost, with the City by depositing such monies, bonds, letters of credit, or other
instruments in such form and amount acceptable to the City. No sums may be withdrawn
LS Networks Franchise Agreement - Page 6
from the fund by Franchisee without consent of the City. The security fund shall be
maintained at the sole expense of Franchisee so long as any of the Franchisee's facilities
occupy a public way.
A. The fund shall serve as security for the full and complete performance of this
Franchise, including any claims, costs, damages, judgments, awards, or liability,
of any kind whatsoever, the City pays or incurs, including civil penalties, because
of any failure attributable to Franchisee to comply with the provisions of this
Franchise or the codes, ordinances, rules, regulations, standards, or permits of the
City.
B. Before any sums are withdrawn from the security fund, the City shall give written
notice to Franchisee:
(1) Describing the act, default or failure to be remedied, or the claims, costs,
damages, judgments, awards, or liability which the City has incurred or
may pay by reason of Franchisee's act or default;
(2) Providing a reasonable opportunity for Franchisee to first remedy the
existing or ongoing default or failure, if applicable;
(3) Providing a reasonable opportunity for Franchisee to pay any monies due
the City before the City withdraws the amount thereof from the security
fund, if applicable; and
(4) Franchisee will be given an opportunity to review the act, default or failure
described in the notice with the City or his or her designee.
C. Franchisee shall replenish the security fund within fourteen (14) days after written
notice from the City that there is a deficiency in the amount of the fund.
D. Insufficiency of the security fund shall not release or relieve Franchisee of any
obligation or financial responsibility.
9. TAXES, CHARGES, AND FEES.
A. Franchisee shall pay and be responsible for all charges and fees imposed to
recover actual administrative expenses incurred by the City that are directly
related to receiving and approving this Franchise, any use and/or development
authorizations which may be required, or any permit which may be required, to
inspect plans and construction, or to the preparation of a detailed statement
pursuant to RCW Ch. 43.21C. Regular application and processing charges and
fees imposed by the City shall be deemed to be attributable to actual
administrative expenses incurred by the City but shall not excuse Franchisee from
paying and being responsible for other actual administrative expenses incurred by
LS Networks Franchise Agreement - Page 7
the City. Following the execution of this Franchise Agreement, Franchisee shall
pay to the City, within thirty (30) days of the date of its billing, reimbursement for
actual expenses for meeting notice and ordinance publications required in
connection with the franchise approval.
B. Franchisee shall pay and be responsible for taxes permitted by law.
10. COMPENSATION FRANCHISE FEE.
A. Franchisee warrants that it is not engaged in any of the activities of a "Telephone
Business" as used in RCW 35.21.860 and defined in RCW 82.16.010. Franchisee
warrants that it is not engaged in any of the activities of a "Service Provider" as
used in RCW 35.21.860 and defined in RCW 35.99.010. In consideration of
permission to use the streets and Rights -of -Way of the City for the construction,
operation, and maintenance of a Telecommunications system within the Franchise
area, and to compensate the City for actual costs incurred in administration of the
Franchise and as a result of Franchisee's occupancy of City Rights -of -Way, the
Franchise shall pay to City during the term of this Franchise an amount equal to
seven percent (7 %) of the Franchisee's Gross Revenues ( "Franchise Fee "). Any
net uncollectibles, bad debts or other accrued amounts deducted from Gross
Revenues shall be included in Gross Receipts at such time as they are actually
collected. Revenue from point to point services is based on the pro -rata share of
the revenue from those services.
B. Modification Resulting from Action by Law. Upon thirty days' notice and in the
event any law or valid rule or regulation applicable to this Franchise limits the
Franchise Fee below the amount provided herein, or as subsequently modified, the
Franchisee agrees to and shall pay the maximum permissible amount and, if such
law or valid rule or regulation is later repealed or amended to allow a higher
permissible amount, then Franchisee shall pay the higher amount commencing
from the date of such repeal or amendment, up to the maximum allowable by law.
C. Payment of Franchise Fees. Payments due under this provision shall be computed
and paid quarterly for the preceding quarter, as of March 31, June 30, September
30, and December 31, each quarterly payment due and payable no later than 45
days after such dates. Not later than the date of each payment, the Franchisee
shall file with the City a written statement, in a form satisfactory to the City and
signed under penalty of perjury by an officer of the Franchisee, identifying in
detail the amount of gross revenue received by the Franchisee, the computation
basis and method, for the quarter for which payment is made.
D. The Franchise Fee shall not be deemed to be in lieu of or a waiver of any ad
valorem property tax which the City may now or hereafter be entitled to, or to
participate in, or to levy upon the property of Franchisee.
LS Networks Franchise Agreement - Page 8
E. The regulatory fees and costs provided for in this Franchise, and any
compensation charged and paid for the use of City property, are separate from,
and additional to, any and all federal, state, local and City taxes as may be levied,
imposed or due. Fees are intended to compensate the City as a reasonable estimate
of actual costs that will be incurred in administering the Franchise and as a result
of Franchisee's occupancy of City Rights -of -Way. To mitigate impacts to City
Rights -of -Way Franchise fees paid to the City shall be allocated first to the Street
Fund.
11. VACATION OF PUBLIC WAYS. The City reserves the right to vacate any public way
which is subject to rights, privileges, and authority granted by this Franchise. If
Franchisee has facilities in such public way, the City shall reserve an easement for
Franchisee. Franchisee acknowledges its responsibility to provide the City with
information on its system /facilities, pursuant to PMC sections 15.70. 100 and 15.70.310.
12. Competitively Neutral Application. The City shall impose, on a competitively neutral
and nondiscriminatory basis, similar terms and conditions upon other similarly situated
providers of Telecommunications services operating within the City. Any requirement
imposed on Franchisee that is determined by a court of competent jurisdiction not in
compliance with this Section 12 shall be unenforceable against Franchisee, and shall be
subject to renegotiation pursuant to the same procedure as described in Section 20..
13. RECORDS.
A. Franchisee will manage all of its operations in accordance with a policy of
keeping its documents and records open and accessible to the City. The City will
have access to, and the right to inspect, any documents and records of Franchisee
and its affiliates that are reasonably necessary for the enforcement of this
Franchise or to verify Franchisee's compliance with terms or conditions of this
Franchise. Franchisee will not deny the City access to any of Franchisee's records
on the basis that Franchisee's documents or records are under the control of any
affiliate or a third party. Franchisee will take all steps necessary to assist the City
in complying with the Public Records Act, RCW Chapter 42.56, including
providing the City with a written statement identifying how long it will take to
produce records not immediately available, and for any records that are not
disclosed in whole or in part, a written statement from Franchisee's legal counsel
stating the authority upon which the documents are withheld
B. All documents and records maintained by Franchisee shall be made available for
inspection by the City at reasonable times and intervals; provided, however, that
nothing in this section shall be construed to require Franchisee to violate state or
federal law regarding subscriber privacy, nor shall this section be construed to
require Franchisee to disclose proprietary or confidential information without
adequate safeguards for its confidential or proprietary nature. The City agrees that
such information is confidential and that the City will use such information only
LS Networks Franchise Agreement - Page 9
for the purpose of managing its Rights -of -Way, determining compliance with the
terms of this Franchise, and verifying the adequacy of Franchisee's fee payments.
The City further agrees to protect such information from disclosure to third parties
to the maximum extent allowed by Washington law, except that the City shall not
be required to seek injunctive relief under RCW Chapter 42.56 or otherwise..
C. Right to Perform Franchise Fee Audit or Review; Default. In addition to all
rights granted under Section 13, the City shall have the right to have performed, a
formal audit or a professional review of the Franchisee's books and records by an
independent private auditor, for the sole purpose of determining the Gross
Receipts of the Franchisee generated through the provision of
Telecommunications Services under this Franchise and the accuracy of amounts
paid as Franchise fees to the City by the Franchisee; provided, however, that any
audit or review must be commenced not later than 3 years after the date on which
Franchise fees for any period being audited or reviewed were due. The cost of any
such audit or review shall be borne by the City, but if the audit determines that
Franchisee has failed to pay fees in the amount required by this Agreement, then
Franchisee shall bear the cost of the audit. The City agrees to protect from
disclosure to third parties, to the maximum extent allowed by State law, any
information obtained as a result of its rights pursuant to this Section, or any
compilation or other derivative works created using information obtained pursuant
to the exercise of its rights.
14. NOTICES.
A. Any regular notice or information required or permitted to be given to the parties
under this Franchise may be sent to the following addresses unless otherwise
specified:
The City: City of Pasco
Attn: City Manager
525 North 3rd
Pasco WA 99301
Phone: (509) 545 -3404
Franchisee: Contracts Administration
LS Networks
921 SW Washington St., STE 370
Portland, OR 97205 99362
Phone: (503) 294 -5300
Fax: (503) 227-8585
LS Networks Franchise Agreement - Page 10
B. Franchisee shall additionally provide a phone number and designated responsible
officials to respond to emergencies. After being notified of an emergency,
Franchisee shall cooperate with the City and make best efforts to immediately
respond to minimize damage, protect the health and safety of the public and repair
facilities to restore them to proper working order.
15. NON - WAIVER. The failure of the City to exercise any rights or remedies under this
Franchise or to insist upon compliance with any terms or conditions of this Franchise
shalt not be a waiver of any such rights, remedies, terms or conditions of this Franchise
by the City and shall not prevent the City from demanding compliance with such terms or
conditions at any future time or pursuing its rights or remedies.
16. EMINENT DOMAIN. This Franchise is subject to the power of eminent domain and
the right of the City Council to repeal, amend or modify the Franchise in the interest of
the public. In any proceeding under eminent domain, the Franchise itself shall have no
value.
17. DAMAGE TO FACILITIES. Unless directly and proximately caused by the active sole
negligence or willful misconduct COMPENSATIONof the City, the City shall not be
liable for any damage to or loss of any facilities as a result of or in connection with any
public works, public improvements, construction, excavation, grading, filling, or work of
any kind on, in, under, over, across, or within a public way done by or on behalf of the
City.
18. GOVERNING LAW AND VENUE. This Franchise and use of the applicable public
ways will be governed by the laws of the State of Washington, unless preempted by
federal law. Franchisee agrees to be bound by the laws of the State of Washington, unless
preempted by federal law, and subject to the jurisdiction of the courts of the State of
Washington. Any action relating to this Franchise must be brought in the Superior Court
of Washington for Franklin County, or in the case of a Federal action, the United States
District Court for the Eastern District of Washington at Richland, Washington, unless an
administrative agency has primary jurisdiction. Prior to initiating any litigation under this
Agreement, the parties shall meet in a good faith effort to mutually resolve disputes.
19. SEVERABILITY. If any section, sentence, clause or phrase of this Franchise or its
application to any person or entity should be held to be invalid or unconstitutional by a
court of competent jurisdiction, such invalidity or unconstitutionality will not affect the
validity or constitutionality of any other section, sentence, clause or phrase of this
Franchise nor its application to any other person or entity.
LS Networks Franchise Agreement - Page I 1
20. CHANGES IN LAW. If, during the term of this Franchise, there becomes effective any
change in Federal or State law, and such change specifically requires the City to enact a
code or ordinance which conflicts or is inconsistent with any provision of this Franchise,
or creates additional rights or responsibilities which would materially alter the terms of
this Franchise, or if the circumstances described in Section 12 become operative, then in
such event either party may within one hundred and twenty (120) days of the effective
date of such change, notify the other party in writing of such party's desire to commence
negotiations to amend this Franchise. Such negotiations shall only encompass the
specific term or condition affected by such change in Federal or State law, and neither
party shall be obligated to re -open negotiations on any other term or condition of this
Franchise, although the parties may voluntarily choose to do so.
If no agreement is reached within ninety (90) days of reopening the negotiations, either
party may declare its intent to terminate the Franchise, which termination shall become
effective one hundred and eighty (180) days thereafter.
Notwithstanding any other provision in this Franchise to the contrary, the right of either
party to terminate the Agreement pursuant to material changes in Federal and State law
and unsuccessful renegotiation of the Franchise shall be an independent right not subject
to the administrative requirements for termination of the Franchise contained in PMC
Title 15, or this Franchise Agreement.
21. MISCELLANEOUS.
A. Equal Employment and Nondiscrimination. Throughout the term of this
Franchise, Franchisee will fully comply with all equal employment and
nondiscrimination provisions and requirements of federal, state, and local laws,
and in particular, FCC rules and regulations relating thereto.
B. Local Employment Efforts and Contractor Qualifications. Franchisee will use
reasonable efforts to utilize qualified local contractors, including minority
business enterprises and woman business enterprises, whenever the Franchisee
employs contractors to perform work under this Franchise. Franchisee's
contractors and subcontractors must be licensed and bonded in accordance with
the City's ordinances, rules, and regulations. Work by contractors and
subcontractors is subject to the same restrictions, limitations and conditions as if
the work were performed by Franchisee.
C. Descriptive Headings. The headings and titles of the sections and subsections of
this Franchise are for reference purposes only and do not affect the meaning or
interpretation of the text herein.
LS Networks Franchise Agreement - Page 12
D. Costs and Attorneys' Fees. If any action or suit arises in connection with this
Franchise, the substantially prevailing party will be entitled to recover all of its
reasonable costs, including attorneys' fees, as well as costs and reasonable
attorneys' fees on appeal, in addition to such other relief as the court may deem
proper.
E. No Joint Venture. Nothing herein will be deemed to create a joint venture or
principal -agent relationship between the parties, and neither party is authorized to,
nor shall either party act toward third persons or the public in any manner that
would indicate any such relationship with the other.
F. Mutual Negotiation. This Franchise was mutually negotiated by the Franchisee
and the City and has been reviewed by the legal counsel for both parties. Neither
party will be deemed to be the drafter of this Franchise.
G. Third -Party Beneficiaries. There are no third -party beneficiaries to this Franchise.
Franchisee is prohibited from subleasing any of its facilities operated by this
Franchise. This shall include a prohibition against any sharing of facilities on a
voluntary or compensated basis by Franchisee with third parties.
H. Actions of the City or Franchisee. In performing their respective obligations under
this Franchise, the City and Franchisee will act in a reasonable, expeditious, and
timely manner. Whenever this Franchise sets forth a time for any act to be
performed by Franchisee, such time shall be deemed to be of the essence, and any
failure of Franchisee to perform within the allotted time may be considered a
material breach of this Franchise, and sufficient grounds for the City to invoke any
relevant remedy.
I. Entire Agreement. This Franchise represents the entire understanding and
agreement between the parties with respect to the subject matter and supersedes
all prior oral and written negotiations between the parties.
J. Modification. The parties may alter, amend or modify the terms and conditions of
this Franchise upon written agreement of both parties to such alteration,
amendment or modification. Nothing in this subsection shall impair the City's
exercise of authority reserved to it under this Franchise.
K. Non - exclusivity. This Franchise does not confer any exclusive right, privilege, or
authority to enter, occupy or use public ways for delivery of telecommunications
services or any other purposes. This Franchise is granted upon the express
condition that it will not in any manner prevent the City from granting other or
further franchises in, on, across, over, along, under or through any public way.
LS Networks Franchise Agreement - Page 13
L. Rights Granted. This Franchise does not convey any right, title or interest in
public ways, but shall be deemed only as authorization to enter, occupy, or use
public ways for the limited purposes and term stated in this Franchise. Further,
this Franchise shall not be construed as any warranty of title nor shall it grant any
right to enter, occupy or use public property.
M. Limitation on Liability. Nothing in this Franchise shall be construed to create,
expand, or extend any liability of the City to any third party user of Franchisee's
facilities or to otherwise recognize or create third party beneficiaries to this
Franchise.
N. This Franchise shall not be sold, leased, assigned or otherwise transferred, nor
shall any of the rights or privileges herein granted or authorized be leased,
assigned, mortgaged, sold or transferred, either in whole or in part, nor shall title
hereto, either legal or equitable, or any right, interest or property herein, pass to or
vest in any person, except the Franchisee, either by act of the Franchisee or by
operation of law, without the consent of the City, expressed in writing, such
consent not to be unreasonably withheld. Consent may be withheld if the City
determines that the transfer is to a person or entity which does not possess the
legal, technical, or financial qualifications necessary to properly manage the
Franchise. If the Franchisee wishes to transfer this Franchise, the Franchisee shall
give City written notice of the proposed transfer, and shall request consent of the
transfer by the City.
(1) Any transfer of ownership affected without the written consent of the City
shall render this Franchise subject to revocation. The City shall have 60
days to act upon any request for approval of a transfer. If the City fails to
render a final decision on the request within said 60 days, the request shall
be deemed granted unless the Franchisee and the City agree to an
extension of time.
(2) The Franchisee, upon any transfer, shall within 60 days thereafter file with
the City a certified statement evidencing the transfer and an
acknowledgment of the transferee that it agrees to be bound by the terms
and conditions contained in this Franchise.
(3) The requirements of this section shall not be deemed to prohibit the use of
the Franchisee's property as collateral for security in financing the
construction or acquisition of all or part of a Telecommunications System
of the Franchisee or any affiliate of the Franchisee. However, the
Telecommunications System franchised hereunder, including portions
thereof used as collateral, shall at all times continue to be subject to the
provisions of this Franchise.
LS Networks Franchise Agreement - Page 14
22.
23.
(4) The requirements of this section shall not be deemed to prohibit sale of
tangible assets of the Franchisee in the ordinary conduct of the
Franchisee's business without the consent of the City. The requirements
of this section shall not be deemed to prohibit, without the consent of the
City, a transfer to a transferee whose primary business is
Telecommunications System operation and having a majority of its
beneficial ownership held by the Franchisee, a parent of the Franchisee, or
an affiliate, a majority of whose beneficial ownership is held by a parent of
the Franchisee.
INCORPORATION BY REFERENCE. This Agreement, specifically by this
reference, incorporates PMC Title 15.
PUBLICATION. The City Clerk is authorized and directed to publish a summary hereof
in accordance with Revised Code of Washington §§ 35A.13.200 and 35A.12.160.
24. EFFECTIVE DATE. This agreement shall take effect five (5) days following the
passage of an authorizing ordinance and publication of this Franchise, or a summary
thereof, occurs in a newspaper of general circulation in the City pursuant to RCW
35A.47.040, or upon execution by all parties hereto, whichever occurs later.
DATED this day of
CITY OF PASCO
Matt Watkins, Mayor
Attest:
Debra Clark, City Clerk
Approved as to Form:
Leland B. Kerr, City Attorney
2012.
LIGHTSPEED NETWORKS, INC.
Michael Weidman, President and CEO
LS Networks Franchise Agreement - Page 15
STATE OF WASHINGTON )
ss
County of Franklin
On this day personally appeared before me MATT WATKINS, Mayor of the City of Pasco, to
me known to be the individual described in and who executed the within and foregoing instrument,
and acknowledged that he signed the same as his free and voluntary deed for the uses and purposes
therein mentioned.
SUBSCRIBED and swom to before me this _ day of 2012.
Notary Public in and for the State of Washington
Residing at
My Commission Expires
STATE OF OREGON)
:ss
County of
On this day personally appeared before me MICHAEL WEIDMAN, President and CEO of
LightSpeed Networks, Inc., to me known to be the individual described in and who executed the
within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary
deed for the uses and purposes therein mentioned.
SUBSCRIBED and swom to before me this day of , 2012.
Notary Public in and for the State of Oregon
Residing at
My Commission Expires
LS Networks Franchise Agreement - Page 16
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Networks
LS Networks is working with a major wireless carrier to increase
their 4G network which will facilitate our network expansion further
into Washington State. We'd like to introduce ourselves to you.
LightSpeed Networks Inc., dba "LS Networks" is one of the fastest -
growing telecommunications companies in the Pacific Northwest.
We are a privately -held inter - exchange network services provider
and competitive local exchange carrier, with our headquarters in
Portland, Oregon. LS Networks is owned by upwards of 60,000
Oregonians (consisting of rural electric power cooperatives'
members and a tribal nation), and as such focuses on providing
benefit and value -added services to rural communities in Oregon
and now into several rural communities of Washington.
LS Networks operates a fiber optic backbone throughout Oregon
and has focused on bringing state -of- the -art connectivity to State
and Local governmental agencies, schools, hospitals, wholesale
opportunities and businesses. We have designed our network using
the latest in resilient broadband technologies that effectively level
the "playing field" of service - delivery capabilities between rural and
metropolitan areas around the Pacific Northwest. Additional
information can be found on our website at www.LSNetworks.net.
This expansion to the 4G wireless network will provide world class
technology with our neighborly attention to service and provide
your community an additional resource to high speed broadband
connectivity.
LS Networks — 921 59/`i/ Washington Street, Suite 370, Portland, OR 97205 —5031294-5300
AGENDA REPORT
FOR: City Council( I April 9, 2012
TO: Gary Crutchf pel3uty Manager Regular Mtg.: 5/7/12
Regular Mtg.: 5/21/12
FROM: Stan Strebel, it y Manage
SUBJECT: Franchise Agreement — Northwest Open Access Network - NoaNet
I. REFERENCE(S):
1. Proposed Ordinance
2. Proposed Franchise Agreement
3. NoaNet Proposed Route
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
5/7: CONDUCT A PUBLIC HEARING
5/21: MOTION: I move to adopt Ordinance No. granting a franchise
to Northwest Open Access Network and to authorize the Mayor to
sign the franchise agreement and, further, to authorize publication
of the Ordinance by summary only.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
A) NoaNet is a non - profit corporation owned by several Public Utility Districts
(including Benton and Franklin) in Washington State. NoaNet operates a fiber
optic network with the intent of offering broadband services pursuant to a federal
grant, the Broadband Technology Opportunities Program (BTOP) and as trustee
for the National Telecommunications and Information Administration (NTIA).
B) Franchises are reviewed and granted pursuant to Title 15 of the Pasco Municipal
Code. Prior to granting a franchise, the City Council must conduct a public
hearing and thereafter make a decision on the franchise based on the following
standards:
1. Whether the applicant has received all requisite licenses, certificates,
and authorizations from the Federal Communications Commission, the
Washington Utilities and Transportation Commission, and any other
federal or state agency with jurisdiction over the activities proposed by
the applicant;
2. The capacity of the public ways to accommodate the applicant's
proposed facilities;
3. The capacity of the public ways to accommodate additional utility,
cable, open video, and telecommunications facilities if the franchise is
granted;
4. The damage or disruption, if any, of public or private facilities,
improvements, service, travel or landscaping if the franchise is
granted;
5. The public interest in minimizing the cost and disruption of
construction within the public ways;
6. The service that applicant will provide to the community and region;
8(c)
7. The effect, if any, on public health, safety and welfare if the franchise
is granted;
8. The availability of alternate routes and/or locations for the proposed
facilities;
9. Applicable federal and state communications laws, regulations and
policies;
10. Such other factors as may demonstrate that the grant to use the public
ways will serve the community interest and;
11. Such other and further factors as may be deemed appropriate by the
City.
C) The Council cannot approve a franchise until the next regularly scheduled
meeting following the hearing. Assuming Council agrees to grant the franchise,
adoption of the attached proposed ordinance is recommended. A written
determination is required for denial of a franchise.
V. DISCUSSION:
A) The franchise document grants authority and establishes essential parameters for
the installation/operation of the franchisee's improvements within the city's
rights -of -way, such as permitting, insurance, records, fees, etc.
B) Staff has prepared the attached, proposed franchise agreement in compliance with
Title 15 and applicable state and federal law.
C) Individual permit applications for specific installations are required of
franchisees.
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington, Approving the
Northwest Open Access Network Franchise and Authorizing the Mayor to Sign
the Franchise Agreement.
WHEREAS, the City of Pasco, Washington ( "City ") and Northwest Open Access
Network ( "Franchisee "), are parties to the Franchise Agreement attached hereto as Exhibit A;
and
WHEREAS, the City has authority to regulate telecommunication franchises pursuant to
RCW 35A.47.040 and Pasco Municipal Code Chapter 15.10; and
WHEREAS, the City has reviewed Franchisee's application for a franchise and
determined that the Franchisee possesses the legal, technical and financial capability to operate
within the City's rights -of -way; and that the grant of a franchise will meet the standards set forth
in Pasco Municipal Code Section 15.10.050; and
WHEREAS, the City and Franchisee have mutually negotiated a Franchise Agreement
containing the Franchisee's obligations and responsibilities while operating within the City's
rights -of -way; and
WHEREAS, the City has provided opportunities to the public for participation in the
application process by publishing this Ordinance and by conducting a public hearing on May 7,
2012; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Franchisee is hereby granted a franchise subject to the terms and
conditions of the Franchise Agreement attached hereto as Exhibit A; and furthermore, the Mayor
of the City of Pasco, Washington, is hereby authorized to execute said Franchise Agreement.
Section 2. This Ordinance shall take full force and effect five (5) days after its
approval, passage, and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this day of 2012.
Matt Watkins, Mayor
ATTEST:
APPROVED AS TO FORM:
Debra Clark, City Clerk Leland B. Kerr, City Attorney
FRANCHISE AGREEMENT
THIS FRANCHISE AGREEMENT entered into this day of
2012, by and between the City of Pasco, Washington, a Washington
Municipal Corporation (hereinafter referred to as "City "), and Northwest Open Access Network,
a Washington Non -Profit Mutual Corporation (hereinafter referred to as "Franchisee ").
WHEREAS, Section 35A.47.040 and Chapter 35.99 of the Revised Code of Washington
authorize the City to grant, permit, and regulate non - exclusive franchises for the use of public
ways; and
WHEREAS, Franchisee has applied to the City for a non - exclusive franchise to enter,
occupy, and use public ways to construct, install, operate, maintain, and repair fiber optic
facilities to offer and provide telecommunications service for hire, sale, or resale in the City of
Pasco; and
WHEREAS, a franchise is a legislatively approved master permit granting general
permission to a service provider to enter, use, and occupy the public ways for the purpose of
locating facilities subject to requirements that a franchisee must also obtain separate use permits
from the City for use of each and every specific location in the public ways in which the
franchisee intends to construct, install, operate, maintain, repair or remove identified facilities;
and
WHEREAS, a franchise does not include, and is not a substitute for any other permit,
agreement, or other authorization required by the City, including without limitation, permits
required in connection with construction activities in public ways which must be administratively
approved by the City after review of specific plans; and
WHEREAS, the City has conducted a public hearing and reviewed the application based
upon the standards set forth in Pasco Municipal Code Section 15.10.050 (A); and
WHEREAS, the City approved this Franchise Agreement pursuant to RCW 35A.47.040
at the next regularly scheduled Council meeting following the public hearing pursuant to
Ordinance No. ; and
WHEREAS, the City finds that the franchise terms and conditions contained in this
Agreement are in the public interest.
NOW, THEREFORE, the Parties do agree as follows:
1. DEFINITIONS. For the purposes of this Agreement, all terms shall have the meaning as
defined in PMC 15.10.020. Terms not specifically defined therein shall be given their
ordinary meaning. The following additional definitions shall apply:
A. "Conduit" means optical cable housing, jackets, or casing, and pipes, tubes, or
tiles used for receiving and protecting wires, lines, cables, and communication and
signal lines.
B. "Dark Fiber" means properly functioning optical cable which is not used or
available for use by Franchisee or the general public.
C. "Information" means knowledge or intelligence represented by any form of
writing, signs, signals, pictures, sounds, or any other symbols.
D. "Optical Cable" means wires, lines, cables and communication and signal lines
used to convey communications by fiber optics.
2. FRANCHISE.
A. The City grants to Franchisee, subject to the terms and conditions of this
Agreement and PMC Title 15, a non - exclusive franchise to enter, occupy, and use
public ways for constructing, installing, operating, maintaining, repairing, and
removing wireline facilities necessary to provide telecommunications services.
Franchisee shall construct, install, operate, maintain, repair, and remove its
facilities at its expense.
B. Any rights, privileges, and authority granted to Franchisee under this Franchise
are subject to the legitimate rights of the police power of the City to adopt and
enforce general ordinances necessary to protect the safety and welfare of the
public, and nothing in this Franchise excuses Franchisee from its obligation to
comply with all applicable general laws enacted by the City pursuant to such
power. Any conflict between the terms or conditions of this Franchise and any
other present or future exercise of the City's police powers will be resolved in
favor of the exercise of the City's police power.
C. Nothing in this Franchise excuses Franchisee of its obligation to identify its
facilities and proposed facilities and their location or proposed location in the
public ways and to obtain use and/or development authorization and permits from
the City before entering, occupying, or using public ways to construct, install,
operate, maintain, repair, or remove such facilities.
D. Nothing in this Franchise excuses Franchisee of its obligation to comply with
applicable codes, rules, regulations, and standards subject to verification by the
City of such compliance.
E. Nothing in this Franchise shall be construed to create a duty upon the City to be
responsible for construction of facilities or to modify public ways to accommodate
Franchisee's facilities.
NoaNet Franchise Agreement - Page 2
F. Nothing in this Franchise grants authority to Franchisee to provide or offer cable
television service.
G. Nothing in this Franchise shall be construed to create, expand, or extend any
liability to the City or to any third party user of Franchisee's facilities or to
otherwise recognize or create third party beneficiaries to this Franchise.
3. TERM. Authorization granted under this Franchise shall be for a period of ten (10) years
from the effective date of this Franchise. The Franchise may be renewed as provided in
PMC Chapter 15.20. This Agreement shall be effective five (5) days following the
passage of an authorizing Ordinance and publication of this Franchise, or a summary
thereof, occurs in a newspaper of general circulation in the City pursuant to RCW
35A.47.040, or upon execution by all parties hereto whichever occurs later.
4. LOCATION OF FACILITIES. Franchisee will locate its facilities consistent with the
requirements of PMC Title 15 and as directed by the City Engineer. Prior to installation
of any facilities, Franchisee shall obtain all required City permits.
5. COORDINATION OF CONSTRUCTION AND INSTALLATION ACTIVITIES
AND OTHER WORK. All construction or installation locations, activities and
schedules shall be coordinated, as ordered by the City consistent with PMC Chapter 15.70
and as directed by the City Engineer, to minimize public inconvenience, disruption or
damages.
6. HOLD HARMLESS AND ASSUMPTION OF RISK.
A. Hold Harmless.
(1) Franchisee hereby releases, covenants not to bring suit and agrees to
indemnify, defend and hold harmless the City, its elected officials,
officers, employees, servants, agents, and representatives against any and
all claims, costs, damages, judgments, awards, or liability, of any kind
whatsoever, to any person, including claims by Franchisee's own
employees to which Franchisee might otherwise be immune under Title 51
RCW, arising from injury or death of any person or damage to property
arising out of the acts or omissions of Franchisee, its officers, employees,
servants, agents or representatives.
(2) Franchisee further releases, covenants not to bring suit and agrees to
indemnify, defend and hold harmless the City, its elected officials,
officers, employees, servants, agents, and representatives from any and all
claims, costs, damages, judgments, awards, or liability to any person,
including claims by Franchisee's own employees, including those claims
to which Franchisee might otherwise have immunity under Title 51 RCW,
arising out of Franchisee's exercise of the rights, privileges, or authority
granted by this Franchise which are made against the City, in whole or in
NoaNet Franchise Agreement - Page 3
part, due to the City's ownership or control of the public ways or other
City property, by virtue of the City permitting the Franchisee's entry,
occupancy or use of the public ways, or based upon the City's inspection
or lack of inspection of work performed by Franchisee, its officers,
employees, servants, agents or representatives.
(3) These hold harmless covenants include, but are not limited to claims
against the City arising as a result of the acts or omissions of Franchisee,
its officers, employees, servants, agents or representatives in barricading,
instituting trench safety systems or providing other adequate warnings of
any excavation, construction, or work in any public way or other public
place in performance of work or services permitted under this Franchise.
(4) Franchisee further agrees to indemnify, hold harmless and defend the City,
its elected officials, officers, employees, servants, agents, and
representatives against any claims for damages, including, but not limited
to, business interruption damages and lost profits, brought by or under
users of the Franchisee's facilities as the result of any interruption of
service due to damage or destruction of the user's facilities caused by or
arising out of damage or destruction of Franchisee's facilities, except to
the extent any such damage or destruction is caused by or arises from the
active sole negligence or willful misconduct of the City.
(5) In the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent
negligence of Franchisee and the City, Franchisee's liability hereunder
shall be only to the extent of Franchisee's negligence.
(6) It is further specifically and expressly understood that the hold harmless
covenants provided herein constitutes the Franchisee's waiver of immunity
under Title 51 RCW. This waiver has been mutually negotiated by the
parties.
(7) Inspection or acceptance by the City of any work performed by Franchisee
at the time of completion of construction or installation shall not be
grounds for avoidance of any of these hold harmless covenants. Said hold
harmless obligations shall extend to claims which are not reduced to a suit
and any claims which may be compromised prior to the culmination of any
litigation or the institution of any litigation.
(8) In the event that Franchisee refuses the tender of defense in any suit or any
claim, said tender having been made pursuant to the hold harmless
covenants contained herein, and said refusal is subsequently determined by
a court having jurisdiction (or such other tribunal that the parties shall
agree to decide the matter), to have been a wrongful refusal on the part of
Franchisee, then Franchisee shall pay and be responsible for all of the
NoaNet Franchise Agreement - Page 4
City's costs for defense of the action, including all reasonable expert
witness fees and reasonable attorneys' fees and the reasonable costs of the
City, including reasonable attorneys' fees of recovering under this hold
harmless clause.
B. Assumption of Risk.
(1) Franchisee assumes the risk of damage to its facilities located in the City's
public ways from activities conducted by third parties or the City, its
elected officials, officers, employees, servants, agents, or representatives.
Franchisee releases and waives any and all claims against the City, its
elected officials, officers, employees, servants, agents, and representatives
for damage to or destruction of the Franchisee's facilities except to the
extent any such damage or destruction is caused by or arises from active
sole negligence or willful misconduct of the City.
(2) Franchisee bears sole responsibility to insure its property. Franchisee shall
ensure that its insurance contracts waive subrogation claims against the
City, its elected officials, officers, employees, servants, agents, and
representatives, and Franchisee shall indemnify, defend and hold harmless
the City, its elected officials, officers, employees, servants, agents, and
representatives against any and all subrogation claims if it fails to do so.
7. INSURANCE. Franchisee shall obtain and maintain, at its cost, worker's compensation
insurance and the following liability insurance policies insuring both Franchisee and the
City, and its elected and appointed officers, officials, agents, employees, representatives,
engineers, consultants, and volunteers as additional insureds against claims for injuries to
persons or damages to property which may arise from or in connection with the exercise
of the rights, privileges, and authority granted to Franchisee:
A. Comprehensive general liability insurance, written on an occurrence basis, with
limits not less than:
(1) $5,000,000.00 for bodily injury or death to each person;
(2) $5,000,000.00 for property damage resulting from any one accident; and
(3) $5,000,000.00 for all other types of liability.
B. Automobile liability for owned, non -owned and hired vehicles with a limit of
$1,000,000.00 per occurrence.
NoaNet Franchise Agreement - Page 5
C. The liability insurance policies required by this section shalt be maintained by
Franchisee throughout the term of this Franchise, such other periods of time
during which Franchisee's facilities occupy public ways, and while Franchisee is
engaged in the removal of its facilities. Franchisee shall provide an insurance
certificate, together with an endorsement naming the City, and its elected and
appointed officers, officials, agents, employees, representatives, engineers,
consultants, and volunteers as additional insureds, to the City prior to the
commencement of any construction or installation of any facilities pursuant to this
Franchise or other work in a public way. Any deductibles or self - insured
retentions must be declared to and approved by the City. Payment of deductibles
and self - insured retentions shall be the sole responsibility of Franchisee. The
insurance certificate required by this section shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability.
Franchisee's insurance shall be primary insurance with respect to the City, its
officers, officials, employees, agents, consultants, and volunteers. Any insurance
maintained by the City, its officers, officials, employees, consultants, agents, and
volunteers shall be in excess of the Franchisee's insurance and shall not contribute
with it.
D. In addition to the coverage requirements set forth in this section, each such
insurance policy shall contain an endorsement in a form which substantially
complies with the following:
"It is hereby understood and agreed that this policy may not be canceled
nor the intention not to renew be stated until 10 days after receipt by the
City, by registered mail, of a written notice addressed to the Pasco City
Manager of intent to cancel or not to renew for reason of nonpayment of
premium and until 30 days after receipt by the City, by registered mail, of
a written notice addressed to the Pasco City Manager of intent to cancel or
not to renew for reason for any other reason."
E. At least ten (10) days prior to said cancellation or non - renewal, Franchisee shall
obtain and furnish to the City replacement insurance policies meeting the
requirements of this section.
8. SECURITY FUND. The fund described herein shall be considered an additional security
and protection above, beyond and in addition to those rights and remedies already
provided by other law including, but not limited to, PMC Title 15. Franchisee shall
establish and maintain a security fund in the amount of ten thousand dollars ($10,000), at
its cost, with the City by depositing such monies, bonds, letters of credit, or other
instruments in such form and amount acceptable to the City. No sums may be withdrawn
from the fund by Franchisee without consent of the City. The security fund shall be
maintained at the sole expense of Franchisee so long as any of the Franchisee's facilities
occupy a public way.
NoaNet Franchise Agreement - Page 6
A. The fund shall serve as security for the full and complete performance of this
Franchise, including any claims, costs, damages, judgments, awards, or liability,
of any kind whatsoever, the City pays or incurs, including civil penalties, because
of any failure attributable to Franchisee to comply with the provisions of this
Franchise or the codes, ordinances, rules, regulations, standards, or permits of the
City.
B. Before any sums are withdrawn from the security fund, the City shall give written
notice to Franchisee:
(1) Describing the act, default or failure to be remedied, or the claims, costs,
damages, judgments, awards, or liability which the City has incurred or
may pay by reason of Franchisee's act or default;
(2) Providing a reasonable opportunity for Franchisee to first remedy the
existing or ongoing default or failure, if applicable;
(3) Providing a reasonable opportunity for Franchisee to pay any monies due
the City before the City withdraws the amount thereof from the security
fund, if applicable; and
(4) Franchisee will be given an opportunity to review the act, default or failure
described in the notice with the City or his or her designee.
C. Franchisee shall replenish the security fund within fourteen (14) days after written
notice from the City that there is a deficiency in the amount of the fund.
D. Insufficiency of the security fund shall not release or relieve Franchisee of any
obligation or financial responsibility.
9. TAXES, CHARGES, AND FEES.
A. Franchisee shall pay and be responsible for all charges and fees imposed to
recover actual administrative expenses incurred by the City that are directly
related to receiving and approving this Franchise, any use and /or development
authorizations which may be required, or any permit which may be required, to
inspect plans and construction, or to the preparation of a detailed statement
pursuant to RCW Ch. 43.21C. Regular application and processing charges and
fees imposed by the City shall be deemed to be attributable to actual
administrative expenses incurred by the City but shall not excuse Franchisee from
paying and being responsible for other actual administrative expenses incurred by
the City. Following the execution of this Franchise Agreement, Franchisee shall
pay to the City, within thirty (30) days of the date of its billing, reimbursement for
actual expenses for meeting notice and ordinance publications required in
connection with the franchise approval.
NoaNet Franchise Agreement - Page 7
B. Franchisee shall pay and be responsible for taxes permitted by law.
10. VACATION OF PUBLIC WAYS. The City reserves the right to vacate any public way
which is subject to rights, privileges, and authority granted by this Franchise. If
Franchisee has facilities in such public way, the City shall reserve an easement for
Franchisee. Franchisee acknowledges its responsibility to provide the City with
information on its system/facilities, pursuant to PMC sections 15.70. 100 and 15.70.310.
11. RECORDS.
A. Franchisee will manage all of its operations in accordance with a policy of
keeping its documents and records open and accessible to the City. The City will
have access to, and the right to inspect, any documents and records of Franchisee
and its affiliates that are reasonably necessary for the enforcement of this
Franchise or to verify Franchisee's compliance with terms or conditions of this
Franchise. Franchisee will not deny the City access to any of Franchisee's records
on the basis that Franchisee's documents or records are under the control of any
affiliate or a third party. Franchisee will take all steps necessary to assist the City
in complying with the Public Records Act, RCW Chapter 42.56, including
providing the City with a written statement identifying how long it will take to
produce records not immediately available, and for any records that are not
disclosed in whole or in part, a written statement from Franchisee's legal counsel
stating the authority upon which the documents are withheld.
B. All documents and records maintained by Franchisee shall be made available for
inspection by the City at reasonable times and intervals; provided, however, that
nothing in this section shall be construed to require Franchisee to violate state or
federal law regarding subscriber privacy, nor shall this section be construed to
require Franchisee to disclose proprietary or confidential information without
adequate safeguards for its confidential or proprietary nature.
C. One copy of documents and records requested by the City will be furnished to the
City at the cost of Franchisee. If the requested documents and records are too
voluminous or for security reasons cannot be copied or removed, then Franchisee
may request, in writing within ten (10) days of the City's request, that the City
inspect them at Franchisee's local office. If any documents or records of
Franchisee are not kept in a local office and/or are not made available in copies to
the City, and if the City determines that an examination of such documents or
records is necessary or appropriate for the enforcement of this Franchise, or to
verify Franchisee's compliance with terms or conditions of this Franchise, then all
reasonable travel and related costs incurred in making such examination shall be
paid by Franchisee.
NoaNet Franchise Agreement - Page 8
12. NOTICES.
A. Any regular notice or information required or permitted to be given to the parties
under this Franchise may be sent to the following addresses unless otherwise
specified:
The City: City of Pasco
Attn: City Manager
525 North 3rd
Pasco WA 99301
Phone: (509) 545 -3404
Franchisee: Northwest Open Access Network
Attn: Greg Mamey, CEO
5802 Overlook Ave.
Tacoma, WA 98422
With copy to:
Northwest Open Access Network
Attn: Chris Walker
422 W Riverside Ste 408
Spokane, WA 99201
B. Franchisee shall additionally provide a phone number and designated responsible
officials to respond to emergencies. After being notified of an emergency,
Franchisee shall cooperate with the City and make best efforts to immediately
respond to minimize damage, protect the health and safety of the public and repair
facilities to restore them to proper working order.
13. NON - WAIVER. The failure of the City to exercise any rights or remedies under this
Franchise or to insist upon compliance with any terms or conditions of this Franchise
shall not be a waiver of any such rights, remedies, terms or conditions of this Franchise
by the City and shall not prevent the City from demanding compliance with such terms or
conditions at any future time or pursuing its rights or remedies.
14. EMINENT DOMAIN. This Franchise is subject to the power of eminent domain and
the right of the City Council to repeal, amend or modify the Franchise in the interest of
the public. In any proceeding under eminent domain, the Franchise itself shall have no
value.
15. DAMAGE TO FACILITIES. Unless directly and proximately caused by the active sole
negligence or willful misconduct of the City, the City shall not be liable for any damage
to or loss of any facilities as a result of or in connection with any public works, public
improvements, construction, excavation, grading, filling, or work of any kind on, in,
under, over, across, or within a public way done by or on behalf of the City.
NoaNet Franchise Agreement - Page 9
16. GOVERNING LAW AND VENUE. This Franchise and use of the applicable
public ways will be governed by the laws of the State of Washington, unless preempted
by federal law. Franchisee agrees to be bound by the laws of the State of Washington,
unless preempted by federal law, and subject to the jurisdiction of the courts of the State
of Washington. Any action relating to this Franchise must be brought in the Superior
Court of Washington for Franklin County, or in the case of a Federal action, the United
States District Court for the Eastern District of Washington at Richland, Washington,
unless an administrative agency has primary jurisdiction. Prior to initiating any litigation
under this Agreement, the parties shall meet in a good faith effort to mutually resolve
disputes.
17. SEVERABILITY. If any section, sentence, clause or phrase of this Franchise or its
application to any person or entity should be held to be invalid or unconstitutional by a
court of competent jurisdiction, such invalidity or unconstitutionality will not affect the
validity or constitutionality of any other section, sentence, clause or phrase of this
Franchise nor its application to any other person or entity.
18. CHANGES IN LAW. If, during the term of this Franchise, there becomes effective any
change in Federal or State law, and such change specifically requires the City to enact a
code or ordinance which conflicts or is inconsistent with any provision of this Franchise,
or creates additional rights or responsibilities which would materially alter the terms of
this Franchise, then in such event either party may within one hundred and twenty (120)
days of the effective date of such change, notify the other party in writing of such party's
desire to commence negotiations to amend this Franchise. Such negotiations shall only
encompass the specific term or condition affected by such change in Federal or State law,
and neither party shall be obligated to re -open negotiations on any other term or condition
of this Franchise, although the parties may voluntarily choose to do so.
If no agreement is reached within ninety (90) days of reopening the negotiations, either
party may declare its intent to terminate the Franchise, which termination shall become
effective one hundred and eighty (180) days thereafter.
Notwithstanding any other provision in this Franchise to the contrary, the right of either
party to terminate the Agreement pursuant to material changes in Federal and State law
and unsuccessful renegotiation of the Franchise shall be an independent right not subject
to the administrative requirements for termination of the Franchise contained in PMC
Title 15, or this Franchise Agreement.
19. MISCELLANEOUS.
A. Equal Employment and Nondiscrimination. Throughout the term of this
Franchise, Franchisee will fully comply with all equal employment and
nondiscrimination provisions and requirements of federal, state, and local laws,
and in particular, FCC rules and regulations relating thereto.
NoaNet Franchise Agreement -Page 10
B. Local Employment Efforts and Contractor Qualifications. Franchisee will use
reasonable efforts to utilize qualified local contractors, including minority
business enterprises and woman business enterprises, whenever the Franchisee
employs contractors to perform work under this Franchise. Franchisee's
contractors and subcontractors must be licensed and bonded in accordance with
the City's ordinances, rules, and regulations. Work by contractors and
subcontractors is subject to the same restrictions, limitations and conditions as if
the work were performed by Franchisee.
C. Descriptive Headings. The headings and titles of the sections and subsections of
this Franchise are for reference purposes only and do not affect the meaning or
interpretation of the text herein.
D. Costs and Attorneys' Fees. If any action or suit arises in connection with this
Franchise, the substantially prevailing party will be entitled to recover all of its
reasonable costs, including attorneys' fees, as well as costs and reasonable
attorneys' fees on appeal, in addition to such other relief as the court may deem
proper.
E. No Joint Venture. Nothing herein will be deemed to create a joint venture or
principal -agent relationship between the parties, and neither party is authorized to,
nor shall either party act toward third persons or the public in any manner that
would indicate any such relationship with the other.
F. Mutual Negotiation. This Franchise was mutually negotiated by the Franchisee
and the City and has been reviewed by the legal counsel for both parties. Neither
party will be deemed to be the drafter of this Franchise.
G. Third -Party Beneficiaries. There are no third -party beneficiaries to this Franchise.
Franchisee is prohibited from subleasing any of its facilities operated by this
Franchise. This shall include a prohibition against any sharing of facilities on a
voluntary or compensated basis by Franchisee with third parties.
H. Actions of the City or Franchisee. In performing their respective obligations under
this Franchise, the City and Franchisee will act in a reasonable, expeditious, and
timely manner. Whenever this Franchise sets forth a time for any act to be
performed by Franchisee, such time shall be deemed to be of the essence, and any
failure of Franchisee to perform within the allotted time may be considered a
material breach of this Franchise, and sufficient grounds for the City to invoke any
relevant remedy.
I. Entire Agreement. This Franchise represents the entire understanding and
agreement between the parties with respect to the subject matter and supersedes
all prior oral and written negotiations between the parties.
NoaNet Franchise Agreement - Page I I
J. Modification. The parties may alter, amend or modify the terms and conditions of
this Franchise upon written agreement of both parties to such alteration,
amendment or modification. Nothing in this subsection shall impair the City's
exercise of authority reserved to it under this Franchise.
K. Non - exclusivity. This Franchise does not confer any exclusive right, privilege, or
authority to enter, occupy or use public ways for delivery of telecommunications
services or any other purposes. This Franchise is granted upon the express
condition that it will not in any manner prevent the City from granting other or
further franchises in, on, across, over, along, under or through any public way.
L. Rights Granted. This Franchise does not convey any right, title or interest in
public ways, but shall be deemed only as authorization to enter, occupy, or use
public ways for the limited purposes and term stated in this Franchise. Further,
this Franchise shall not be construed as any warranty of title nor shall it grant any
right to enter, occupy or use public property.
M. Limitation on Liability. Nothing in this Franchise shall be construed to create,
expand, or extend any liability of the City to any third party user of Franchisee's
facilities or to otherwise recognize or create third party beneficiaries to this
Franchise.
N. Sale, Transfer or Assi nment. Franchisee shall not assign or transfer its rights,
benefits, or privileges in and under this Franchise without the prior written
consent of the City, which consent shall not be unreasonably withheld or delayed.
The City may withhold consent to any transaction if the proposed Franchisee will
not possess the requisite financial, technical or legal qualifications to operate and
maintain the facilities subject to this Franchise Agreement. Prior to any
assignment or transfer, the Franchisee must provide the City with thirty (30) days
notice and an opportunity to review the transaction. Prior to any transaction
occurring, the proposed Franchisee must address any outstanding obligations of
the current franchise holder, and enter into an agreement specifically incorporating
all rights and responsibilities of this Franchise. Franchisee shall not sublease its
facilities.
O. City understands that Franchisee will be using funds under a Federal Grant under
the Broadband Technology Opportunities Program (BTOP) to finance the
construction, purchase and/or installation of broadband facilities and equipment to
be located in the City Right -of -Way. Pursuant to BTOP, as trustee for Federal
Agency administering that program, specifically, the National
Telecommunications and Information Administration (NTIA). In light of the
foregoing, the parties hereto agree that Franchisee may assign its interest in the
Franchise to NTIA if required to do so under the rules and regulations of BTOP,
provided, however, Franchisee shall give not less than ninety (90) days advance
written notice of its intent to assign such interest to the City.
NoaNet Franchise Agreement - Page 12
20.
21.
INCORPORATION BY REFERENCE, This Agreement, specifically by this
reference, incorporates PMC Title 15.
PUBLICATION. The City Clerk is authorized and directed to publish a summary hereof
in accordance with Revised Code of Washington §§ 35A.13.200 and 35A.12.160.
22. EFFECTIVE DATE. This agreement shall take effect five (5) days following the
passage of an authorizing ordinance and publication of this Franchise, or a summary
thereof, occurs in a newspaper of general circulation in the City pursuant to RCW
35A.47.040, or upon execution by all parties hereto, whichever occurs later.
DATED this day of 2012.
CITY OF PASCO NORTHWEST OPEN ACCESS NETWORK
Matt Watkins, Mayor Greg Marney, CEO
Attest:
Debra Clark, City Clerk
Approved as to Form:
Leland B. Kerr, City Attorney
NoaNet Franchise Agreement - Page 13
STATE OF WASHINGTON )
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County of Franklin )
On this day personally appeared before me MATT WATKINS, Mayor of the City of Pasco, to
me known to be the individual described in and who executed the within and foregoing instrument,
and acknowledged that he signed the same as his free and voluntary deed for the uses and purposes
therein mentioned.
SUBSCRIBED and swom to before me this _ day of , 2012.
Notary Public in and for the State of Washington
Residing at
My Commission Expires
STATE OF WASHINGTON )
:ss
County of )
On this day personally appeared before me GREG MARNEY, Chief Executive Officer of
Northwest Open Access Network, to me known to be the individual described in and who executed
the within and foregoing instrument, and acknowledged that he signed the same as his free and
voluntary deed for the uses and purposes therein mentioned.
SUBSCRIBED and sworn to before me this _ day of , 2012.
Notary Public in and for the State of Washington
Residing at —
My Commission Expires
NoaNet Franchise Agreement - Page 14
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AGENDA REPORT
FOR: City Council II�� May 15, 2012
TO: Gary Crutchfield, City Manager 11� Regular Mtg.: 5/21/12
Rick White,
Community & Economic Development Director
FROM: David McDonald, City Planner
SUBJECT: REZONE APPEAL (MF# Z2012 -001): R -1 and C -1 to R -3 on N. Charles Ave.
(Pasco Family Housing)
I. REFERENCE(S):
None
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
5/21: Motion: I move to remand MF #Z2012 -001 to the Planning Commission to
develop additional recommendations to address potential impacts of
multi -story structures in proximity to Charles Avenue and to address
the potential impact of the rezone on the Pasco School District.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. The Planning Commission recently recommended a rezone for approximately 3.5
acres in the 200 -300 block of North Charles Avenue. The rezone involved
changing the sites current zoning from R -1 and C -1 to R -3.
B. Neighboring properties owner filed a written appeal of the Planning
Commission's recommendation. City Council set a Closed Record Hearing for
May 7, 2012.
C. During the Closed Record Hearing the Council decided the matter needed further
review related to potential impacts of multi -story structures along Charles Avenue
and impacts related to the Pasco School District. As a result the Council is
remanding the matter to the Planning Commission for review in those specific
areas.
V. DISCUSSION:
10(a)