HomeMy WebLinkAbout2012.06.18 Council Meeting PacketAGENDA
PASCO CITY COUNCIL
Regular Meeting 7:00 p.m. June 18, 2012
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance
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 June 4, 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 $1,971,790.06 ($9,368.79 in the form of
Electronic Fund Transfer Nos. 10241, 10271, 10273, and 10301 through 10302; and
$1,962,421.27 in the form of Wire Transfer Nos. 1216 through 1217; and Claim Warrants
numbered 188109 through 188323).
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 $249,737.84 and, of that amount, authorize $177,604.99 be
turned over for collection.
(c) Appointment to Pasco Public Facilities District Board: (NO WRITTEN MATERIAL ON
AGENDA)
To reappoint Mark Morrissette to Position No. 2 (expiration date 7/14/2016) on the Public
Facilities District Board.
(d) Legislative Consultant Agreement:
1. Agenda Report from Gary Crutchfield, City Manager dated June 4, 2012.
2. Proposed Agreement.
To approve the agreement with Gordon Thomas Honeywell Governmental Affairs for state
legislative consultant services and, further, authorize the City Manager to sign the agreement.
*(e) Final Plat (MF #FP2012 -003) Desert Estates Three, Phase 9:
1. Agenda Report from Dave McDonald, City Planner dated June 13, 2012.
2. Overview Map.
3. Vicinity Map.
4. Final Plat (Council packets only; copy available for public review in the Planning office, the
Pasco Library or on the city's webpage at htto: / /www.pasco- wa.gov /citycouncilreports).
To approve the final plat for Desert Estates Three, Phase 9.
(t) Resolution No. 3406, a Resolution requiring medical/dental premium co -pay by all participating
non - represented employees.
1. Agenda Report from Gary Crutchfield, City Manager dated June 6, 2012.
2. Resolution No. 2629.
3. Proposed Resolution.
To approve Resolution No. 3406, amending the medical /dental premium co -pay policy.
(RC) MOTION: I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGMENTS:
(a) Mayor Watkins to present Certificate of Appreciation to Jim Hay, retiring Planning
Commission Member.
(b)
(c)
Regular Meeting 2 June 18, 2012
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 May 2012.
(c)
PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
Q *(a) Street Vacation: Portion of East Clark Street (Rivera) (MF# VAC2012 -003).
1. Agenda Report from Shane O'Neill, Planner I dated June 12, 2012.
2. Overview Map.
3. Vicinity Map.
4. Proposed Ordinance.
CONDUCT A PUBLIC HEARING
Ordinance No. _, an Ordinance vacating a portion of East Clark Street.
MOTION: I move to adopt Ordinance , vacating a portion of East Clark Street and,
further, authorize publication by summary only.
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
*(a) Ordinance No. , an Ordinance of the City of Pasco, Washington, amending PMC 9.48
"Park Code" regarding enforcement officers.
1. Agenda Report from Rick Terway, Administrative & Community Services Director dated
June 12, 2012.
2. Proposed Ordinance.
MOTION: I move to adopt Ordinance No. , amending PMC 9.48 "Park Code" regarding
enforcement officers and, further, authorize publication by summary only.
(b) Resolution No. , a Resolution accepting a ten percent annexation petition, providing a
determination on the territory to be annexed and whether simultaneous zoning and the assumption
of bonded indebtedness will be required.
1. Agenda Report from Gary Crutchfield; City Manager dated June 13, 2012.
2. Map, Annexation Options, 2011.
3. Incorporation Process.
4. Map, Annexation Options, 2012.
5. Profile of 2012 Annexation Options.
6. Memorandum from Community & Economic Development Director dated 6/13/12 with
annexation petition.
7. Proposed Resolution.
MOTION: I move to approve Resolution No. _, accepting the ten percent petition for
annexation of Riverview Area #2.
9. UNFINISHED BUSINESS:
(None)
10. NEW BUSINESS:
*(a) Rail Project Management Agreement with Port of Pasco:
1. Agenda Report from Gary Crutchfield, City Manager dated June 15, 2012.
2. Proposed Agreement.
MOTION: I move to approve the rail projects management agreement with the Port of Pasco
and, further, authorize the City Manager to sign the agreement.
11. MISCELLANEOUS DISCUSSION:
(a)
(b)
(c)
12. EXECUTIVE SESSION:
(a) Collective Bargaining Proposals
(b)
(c)
Regular Meeting 3 June 18, 2012
13. ADJOURNMENT.
(RC) Roll Call Vote Required
* Item not previously discussed
MF# "Master File 9......
Q Quasi- Judicial Matter
6:00 p.m., Monday, June 18, City Hall Conference Room #1 — LEOFF Disability Board Meeting.
(MAYOR MATT WATKINS and COUNCILMEMBER REBECCA FRANCIK)
1:00 p.m., Tuesday, June 19, Columbia Memorial Gardens — Washington State Honor Guard Veterans'
Memorial Tribute. ( COUNCILMEMBER AL YENNEY)
9:00 a.m., Wednesday, June 20 — 12:00 p.m., Friday, June 22, Hilton Convention Center, Vancouver WA
— Association of Washington Cities Annual Conference. (COUNCILMEMBERS REBECCA FRANCIK,
BOB HOFFMANN, SAUL MARTINEZ and AL YENNEY)
MINUTES
REGULAR MEETING PASCO CITY COUNCIL JUNE 4, 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; Stan Strebel,
Deputy City Manager; Richard Terway, Administrative & Community Services Director;
Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public
Works Director; Bob Metzger, Police Chief, Bob Gear, Fire Chief, Mike Pawlak, City
Engineer and Lynne Jackson, Human Resources Manager.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
(a) Approval of Minutes:
Minutes of the Pasco City Council Meeting dated May 21, 2012.
Minutes of the Special Pasco City Council Meeting dated May 29, 2012.
(b) Bills and Communications:
To approve General Claims in the amount of $1,435,790.92 ($182,487.28 in the form of
Electronic Fund Transfer Nos. 10070 and 10186; and $1,253,303.64 in the form of Wire
Transfer Nos. 1201, 1203 and 1207 through 1212; and Claim Warrants numbered 187925
through 188108).
To approve Payroll Claims in the amount of $2,041,391.07, Voucher Nos. 43996 through
44092 and 80150 through 80159; and EFT Deposit Nos. 30051791 through 30052345.
(c) Civil Service Commission Appointment:
To confirm the City Manager's appointment of Eduardo Rodriguez to the Civil Service
Commission to fill Position No. 3 to expire 2/17/18.
(d) Municipal Prosecutor Agreement Renewal:
To approve the Agreement for Prosecutorial Services with Bell, Brown & Rio and,
further, authorize the City Manager to sign the document.
(e) Pasco Boat Basin Lease Request for Proposals:
To authorize issuance of a Request for Proposal for the lease /operation of the Pasco Boat
Basin.
(f) Special Permit Appeal (MF #SP2012 -007) Expanding the Capacity of a
Preschool in an R -S -20 Zone:
To set 7:00 pm, July 2, 2012 as the time and date for a closed record hearing to consider
the appeal of the Planning Commission special permit recommendation under Master File
No. SP2012 -007.
MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Garrison
seconded. Motion carried by unanimous Roll Call vote.
3(a).i
MINUTES
REGULAR MEETING PASCO CITY COUNCIL
PROCLAMATIONS AND ACKNOWLEDGMENTS:
JUNE 4, 2012
Mayor Watkins presented Certificates of Appreciation for May 2012 "Yard of the
Month" to:
Clare Cranston and Dorothy Shaw, 907 W. Nixon
Manuel and Maria Espinoza, 3719 W. Sylvester Street
Bruce and Janie Agee, 4906 Desert Plateau Drive
Phil and Rae Hanna, 9903 Coronado Drive
Mayor Watkins presented a Certificate of Appreciation for May 2012 "Business of the
Month Appearance Award" to:
Pasco Auto Repair, 416 N. 20th Avenue
VISITORS - OTHER THAN AGENDA ITEMS:
Mr. Mac Miller, Boise Idaho, addressed Council concerning a rock in Volunteer Park.
Mr. James Brumfield, 424 Jadwin Ave., Richland, addressed Council concerning a police
issue.
REPORTS FROM COMMITTEES AND /OR OFFICERS:
Mr. Martinez attended the Pasco and Chiawana High School Graduations.
Mr. Larsen reported on the Emergency Medical Services Board meeting.
Mayor Watkins noted the progress of a man kayaking from Kennewick to Japan.
PUBLIC HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO:
Medical Marijuana (MF #CA2011 -003).
MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PROPOSED
ORDINANCE.
Tate Andrews, 1904 Rd. 35, spoke against the ordinance.
Sean Dorman, 725 E. 13`h Ave., Kennewick, stated his opposition to the
ordinance.
Clare Cranston, 907 W. Nixon St., spoke in opposition to the ordinance.
Eric, 106 Bremmer St., Richland, commented that other cities have allowed this
use in their zoning.
Lynn, 111 % 2 °d Ave., Kennewick, spoke against the ordinance.
FOLLOWING THREE CALLS FOR COMMENTS, EITHER FOR OR AGAINST, MAYOR WATKINS
DECLARED THE PUBLIC HEARING CLOSED.
Council and staff discussed the proposed ordinance.
Ordinance No. 4059, an Ordinance of the City of Pasco, Washington, repealing the
moratorium on medical marijuana collective gardens and amending Chapter 25.08
of the Pasco Municipal Code.
MOTION: Ms. Francik moved to adopt Ordinance No. 4059, repealing Resolution No.
3340 and amending Chapter 25.08 of the Pasco Municipal Code prohibiting uses in
violation of local, state and federal laws and, further, authorize publication by summary
only. Mr. Garrison seconded. Motion carried by the following Roll Call vote: Yes —
Martinez, Watkins, Yenney, Francik, Garrison. No — Larsen, Hoffmann.
2
MINUTES
REGULAR MEETING PASCO CITY COUNCIL JUNE 4, 2012
ORDINANCES AND RESOLUTIONS NOT RELATING TO PUBLIC HEARINGS:
Non - Represented Cost of Living Adjustment.
Council and Staff discussed the proposed ordinances.
Ordinance No. 4060, an Ordinance concerning wages for certain Non - Management,
Non - Represented personnel beginning July 1, 2012.
MOTION: Ms. Francik moved to adopt Ordinance No. 4060, providing a cost -of- living
adjustment in the non- represented, non - management wage plan beginning July 1, 2012
and, further, authorize publication by summary only. Mr. Garrison seconded.
MOTION: Mr. Hoffmann moved to amend the motion to change the COLA rate from
2.8% to 2 %. Mr. Larsen seconded. Motion failed by the following Roll Call vote: Yes —
Larsen, Hoffmann. No — Martinez, Watkins, Yenney, Francik, Garrison.
Original Motion carried by the following Roll Call vote: Yes — Martinez, Watkins,
Yenney, Francik, Garrison. No — Larsen, Hoffmann.
Ordinance No. 4061, an Ordinance concerning the salaries for Management
positions beginning July 1, 2012.
MOTION: Ms. Francik moved to adopt Ordinance No. 4061, providing a cost -of- living
adjustment in the management salary plan beginning July 1, 2012 and, further, authorize
publication by summary only. Mr. Garrison seconded. Motion carried 5 -2. No — Larsen,
Hoffmann.
Resolution No. 3405, a Resolution accepting the Planning Commission's
recommendation and approving a Special Permit to redevelop a school recreation
field at 4115 W. Henry Street.
Mr. White explained the details of the Special Permit.
MOTION: Ms. Francik moved to approve Resolution No. 3405, approving the special
permit to redevelop a school recreation field at 4115 W. Henry Street as recommended by
the Planning Commission. Mr. Martinez seconded. Motion carried unanimously.
NEW BUSINESS:
Award 2012 Overlays, Project No. M3- OV- 3R- 12 -02:
Mr. Qayoumi explained the details of the project.
MOTION: Ms. Francik moved to award the low bid for the 2012 Overlays Project,
including the Base Bid plus Alternates E, F, G, M and N, to Granite Construction, Inc., in
the amount of $1,509,532.34 and, further, authorize the Mayor to sign the contract
documents. Mr. Yenney seconded. Motion carried by unanimous Roll Call vote.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 8:37 p.m.
APPROVED:
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
PASSED and APPROVED this 18`h day of June 2012.
CITY OF PASCO
Council Meeting of: June 18, 2012
Accounts Payable Approved
The City Council
City of Pasco, Franklin County, Washington
the undersi ned, do hereby certify under penalty of perjury that the materials have been furnished, the
rice ndere r the labor performed as described herein and that the claim is a just, due and unpaid
,dbligation agar st the city and that we are authorized to authenticate and certify to said claim.
Gary Cmt0field, i y nag Dunyele Mason, Finance Services Manager
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do
hereby certify on this 18th day of June, 2012 that the merchandise or services hereinafter specified have been received:
Check Numbers and 188109 - 188323 In The Amount Of: $1,962,421.27
Electronic Funds Transfers: 1216-1217
In The Amount Of: $ 9,368.79
Electronic Funds Transfers: 10241, 10271,
(Journal Entries) 10273, 10301, Combined total of $1,971,790.06
10302
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:
41 111,
45,195.01
32,997.56
24,013.86
27,692.51
60,857.72
744.19
803.45
103,901.69
94,056.87
390,652.86
34,531.28
0.00
32,437.89
4,639.01
9,482.44
16,961.52
0.00
745.25
20,252.00
25,570.64
300.91
202,778.48
617,170.07
32,677.80
2,980.24
375,089.81
245.04
34,360.42
181.23
33,935.02
0.00
32,362.43
374.89
0.00
$ 1,971,790.06
AGENDA REPORT
FOR: City Coun it DATE: June 13, 2012
TO: Gary Crutc Manager
Rick Terway, Ad ot REGULAR: June 18, 2012
strative &C nity Services Director
FROM: Dunyele Mason Financial Services Manager 12�7�
SUBJECT: BAD DEBT WRITE -OFF'S /COLLECTION.
1. REFERENCE (S):
Write -off and collection lists are on file in the Finance Department.
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
MOTION: I move 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 $249,737.84 and, of that amount,
authorize $177,604.99 be turned over for collection.
Ill. HISTORY AND FACTS BRIEF:
I. 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
Amount
Direct
Referred to
Total
Write -offs
Collection
Write -offs
Utility Billing
$
0.00
0.00
0.00
Ambulance
$
69,832.85
17,842.99
87,675.84
Court A/R
$
.00
159,089.00
159,089.00
Code Enforcement
$
2,300.00
433.00
2,733.00
Cemetery
$
.00
_00
.00
General
$
.00
.00
.00
Miscellaneous
$
.00
240.00
240.00
TOTAL:
$
72,132.85
177,604.99
249,737.84
IV. ADMINISTRATIVE ROUTING:
cc: Dot French, Municipal Court Clerk
AGENDA REPORT
TO: City Council
FROM: Gary Crutchfiel Manager
SUBJECT: Legislative Con ulta Agreement
I. REFERENCE(S):
Proposed Agreement
June 4, 2012
Workshop Mtg.: 6/11/12
Regular Mtg.: 6/18/12
H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
6/11: Discussion
6/18: MOTION: I move to approve the agreement with Gordon Thomas Honeywell
Governmental Affairs for state legislative consultant services and, further,
authorize the City Manager to sign the agreement.
III. FISCAL IMPACT:
Total: $41,000 maximum
IV. HISTORY AND FACTS BRIEF:
A) The city has employed the services of a legislative consultant for each of the past seven
years. In doing so, the city has realized the following accomplishments that would likely
not have happened if not for the particular services of the consultant work:
$5.2 million legislative appropriation for construction of the Ainsworth Overpass
Project;
$400,000 legislative appropriation for construction of the Court Street Pedestrian
Overpass of SR395;
$3 million legislative appropriation for Lewis Street Overpass project.
Amendment of the ambulance utility statute.
B) GTH has offered to continue services for Pasco, at their standard rate of $3,150 per month,
with a contract term of one year; the resulting cost is $37,800 (plus $3,000 in
reimbursables). While the consultant will perform the general legislative duties listed, the
greatest value will be the consultant's effort to obtain additional state funding assistance
for the Lewis Street overpass, a priority project of the city which is simply too costly for
the city to construct on its own.
V. DISCUSSION:
A) The value of an effective legislative consultant is clear when measured by the success the
city has realized over the past five years. Continuing such a relationship is imperative if
the city desires to continue to seek assistance via the state legislature (whether by
appropriation or statutory language).
B) GTH accomplished no small feat in the 2009 session by helping obtain the legislative
appropriation of $3,000,000 for the Lewis Street Overpass. In addition, GTH was
instrumental in guiding the regional PFD legislation through the 2010 legislature and the
ambulance utility statute amendment in 2011. While our legislators were also instrumental
in these endeavors, they were aided greatly by the effort of GTH coordinating with many
other legislators to assure the local objective was not lost in the details of the process.
C) GTH has the advantage of a Washington D.C. office; thus, the opportunity to pursue a
coordinated effort (state and federal) to obtain the funding assistance necessary for
construction of the Lewis Street Overpass project. The proposed scope of work will
address the city's 2013 legislative agenda.
D) In view of the potential 2013 legislative benefits, staff recommends approval of the
proposed contract.
3(d)
CITY OF PASCO
CONSULTING AGREEMENT
This Agreement is entered into by and between City of Pasco and Gordon Thomas Honeywell
Governmental Affairs (hereinafter referred to as "Consultant "), upon the following terms and
conditions:
A. Scope of Work. Consultant will advise and assist the City of Pasco in accordance with
Consultant's Scope of Work, described in Attachment "A" hereto and incorporated herein, and
Consultant will do and produce such other things as are set forth in the Scope of Work (the
"Services "). Consultant's Services will be in compliance with applicable laws, regulations, rules,
orders, Licenses and permits, now or hereinafter in effect, and Consultant shall furnish such
documents as may be required to effect or evidence such compliance.
B. Compensation; Expenses. The City of Pasco will pay Consultant for satisfactorily rendered
Services in accordance with the specific terms set forth in Attachment "A."
C. Invoices; Payment. Consultant will furnish the City of Pasco invoices at regular intervals, as
set forth in Attachment "A."
D. Term. Consultant shall promptly begin the Services hereunder on the date set forth in
Attachment "A" and shall terminate same on the date set forth in Attachment "A," unless earlier
terminated by mutual agreement. The City of Pasco or consultant may terminate consultant services
for convenience at any time prior to the termination date set forth in Attachment "A," provided that
either party provides 30 -days notice.
E. Ownership of Work Product. The product of all work performed under this agreement,
including reports, and other related materials shall be the property of the City of Pasco or its
nominees, and the City of Pasco or its nominees shall have the sole right to use, sell, license, publish
or otherwise disseminate or transfer rights in such work product.
G. Independent Contractor. Consultant is an independent contractor and nothing contained
herein shall be deemed to make Consultant an employee of the City of Pasco, or to empower
consultant to bind or obligate the City of Pasco in any way. Consultant is solely responsible for
paying all of Consultant's own tax obligations, as well as those due for any employee /subcontractor
permitted to work for Consultant hereunder.
H. Release of Claims; Indemnity. Consultant hereby releases, and shall defend, indemnify and
hold harmless the City of Pasco from and against all claims, liabilities, damages and costs arising
directly or indirectly out of, or related to, Consultant's fault, negligence, strict liability or produce
liability of Consultant, and /or that of any permitted employee or subcontract or Consultant,
pertaining to the Services hereunder.
I. Assignment. Consultant's rights and obligations hereunder shall not be assigned or
transferred without the City of Pasco's prior written consent; subject thereto, this Agreement shall be
binding upon and inure to the benefit of the parties' heirs, and successors.
J. Governing Law; Severability. This Agreement shall be governed by the laws of the State of
Washington, U.S.A. (excluding conflict of laws provisions). If any term or provision of this
Agreement is determined to be legally invalid or unenforceable by a court with lawful jurisdiction
hereover (excluding arbitrators), such term or provision shall not affect the validity or enforceability
of any remaining terms or provisions of this Agreement, and the court shall, so far as possible,
construe the invalid portion to implement the original intent thereof.
K. Arbitration. Should any dispute arise concerning the enforcement, breach or
interpretation of this Agreement, the parties shall first meet in a good faith attempt to resolve the
dispute. In the event such dispute cannot be resolved by agreement of the parties, such dispute
shall be resolved by binding arbitration pursuant to RCW 7.04A, as amended, and the Mandatory
Rules of Arbitration (MAR); venue shall be placed in Pasco, Franklin County, Washington, the
laws of the State of Washington shall apply, and the prevailing party shall be entitled to its
reasonable attorney fees and costs.
L. Entire Agreement; Etc. This Agreement, and its incorporated attachments hereto, state the
entire agreement between the parties regarding the subject matter hereof and supersede any prior
agreements or understandings pertaining thereto. Any modification to this Agreement must be made
in writing and signed by authorized representatives of both parties. Any provision hereof which may
be reasonably deemed to survive the expiration or termination of this Agreement shall so survive,
and remain in continuing effect. No delay or failure in exercising any right hereunder shall be
deemed to constitute a waiver of any right granted hereunder or at law by either party.
Consultant: City of Pasco:
Gordon Thomas Honeywell
Governmental Affairs
Tim Schellberg, President Gary Crutchfield, City Manager
Date:
Date:
2012 -2013 Legislative Services Agreement
Page 2
ATTACHMENT "A" TO
CITY OF PASCO CONSULTING AGREEMENT
A. Scope of Work: Consultant shall provide the City of Pasco with the following
governmental affairs services:
General Washington State Legislative Services
• Identify and track all relevant legislation,
• During the legislative session, provide the City with weekly reports and tracking
lists.
• Attend all relevant legislative hearings.
• Attend all relevant legislative meetings.
• Coordinate City officials to testify at relevant legislative hearings.
• Lobby to amend, defeat or pass legislation or budgets that directly affect the
City's interests.
• Strengthen relevant legislative relationships between the City, state legislators,
and executive offices.
• Work with the City to develop a state budget request and lobby the Legislature to
fund the request.
Specific Legislative Issues:
• Obtain specific allocations for the Lewis Street Overpass within the Capital
and /or Transportation budgets and assist in related grant/loan applications.
• Pursue reforms to the Public Records Act.
• Defend the City's authority to issue business licenses.
B. Compensation/Expenses: The City of Pasco shall pay Consultant a monthly fee of
$3,150 for the services listed above. Consultant shall only bill communication expenses,
such as travel to Pasco. The expenses shall not exceed $3,000 for the term of the
contract.
C. Invoices/Payments; (a) Consultant shall furnish the City of Pasco with invoices for
services performed on a monthly basis, and (b) the City of Pasco shall pay each of
Consultant's invoices within thirty (30) days after City's receipt and verification of
invoices.
D. Term of Agreement: Consultant's services shall commence on July 1, 2012 and shall
terminate on June 30, 2013.
2012 -2013 Legislative Services Agreement
Page 3
AGENDA REPORT
FOR: City Councin June 13, 2012
TO: Gary Crutchfie � , i anager Regular Mtg.: 6/18/12
Rick White,
Community & gconomic Development Director
FROM: David I. McDonald, City Planner
SUBJECT: FINAL PLAT (MF# FP 2012 -003) Desert Estates Three, Phase 9
I. REFERENCE(S):
1. Overview Map
2. Vicinity Map
3. Final Plat (Council packets only; copy available for public review in the Planning
office, the Pasco Library or on the city's webpage at http://www.pasco-
wa.gov/citycouncilrgports .
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
6/18: MOTION: I move to approve the final plat for Desert Estates Three, Phase 9.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. City Council previously approved a preliminary plat for Desert Estates Three, Phase
9. The developer is now seeking final plat approval.
B. The Desert Estates Three subdivision is a single - family residential development
located north of Burden Boulevard and east of Road 44.
V. DISCUSSION:
A. Prior to approval of a final plat, the developer is to either install all infrastructure or
post a bond or other instrument that secures the financing for the infrastructure
improvements. In this case, the developer has completed the required
improvements.
B. The final plat shows and contains information on primary control points, tract
boundaries, dimensions, bearings, lot numbers and other necessary engineering
data. In addition, the plat contains the required descriptions, dedication and
acknowledgment, and approval sections.
3(e)
TO: City
FROM: Gary
AGENDA REPORT
SUBJECT: Medical /Dental Benefits Premium Co -Pay
I. REFERENCE(S):
I. Resolution No. 2629
2. Proposed Resolution
June 6, 2012
Workshop Mtg.: 6/11/12
Regular Mtg.: 6/18/12
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
6/11: Discussion
6/18: MOTION: I move to approve Resolution No. 0(Q, amending the medical /dental
premium co -pay policy.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) The City has long provided medical /dental benefits for its employees (as do all other
cities of comparable size). Prior to 1987, the city purchased a standard insurance
package in the private marketplace. Since 1987, the city has elected to continue
providing the medical /dental benefits through a self - insured program which minimizes
administrative and overhead costs. Experience in cost of claims over the past several
years has required increases in the monthly premium required to be paid by the operating
funds to the Medical /Dental Benefits Fund.
B) The Council adopted Resolution No. 2629 (attached), in 2001 which established a
phased implementation of premium co -pay obligation for non - represented employees
(premium co -pays for bargaining unit employees are established by contract). The
resolution required a premium co -pay of 4% beginning in 2002; rising to 10% in 2004.
C) Council's recent decision and action to implement a COLA for non - represented
employees beginning July 1, 2012 was accompanied by a staff recommendation to
increase the premium co -pay for non - represented employees from 10% to 12% beginning
August 1, 2012, The attached resolution will implement that change.
V. DISCUSSION:
A) Council has increasingly expressed its desire to see employees provide a larger share of
the premium cost for health insurance (particularly as the plan covers all dependents, not
just employees). The immediate change for non - represented employees will initiate such
an effort. Further increases should be considered in conjunction with annual COLAs and
collective bargaining agreements.
3(f)
RESOLUTION NO. 2629
A RESOLUTION requiring medical /dental premium co -pay
by all participating non - represented employees.
WHEREAS, the City of Pasco provides medical /dental benefits for its
employees through the operation of a self- insured fund, called the
Medical /Dental Benefits Fund; and
WHEREAS, the Medical /Dental Benefits Fund receives a monthly
premium /assessment for each employee, paid by the operating fund
responsible for paying the wage or salary of the respective employee; and
WHEREAS, the majority of employees represented by bargaining groups
are already obligated by their bargaining agreement to share in said monthly
premium/ assessment but non - represented employees have not —been so
obligated; and
WHEREAS, the Medical /Dental Benefits Fund has experienced a
significant rise in claims for medical /dental expenses over the past three years;
NOW,THEREFORE
The City Council, City of Pasco, Washington DO RESOLVE AS
FOLLOWS;
Section 1. Eligible non - represented employees who avail themselves to
the medical /dental benefits program offered by the city shall share in the
monthly premium/ assessment effective not later than February 1, 2002.
Section 2. The premium co -pay obligation established herein shall be
phased in as follows:
• CY2002: Four percent (4 %) of the monthly premium;
• CY2003: Seven percent (7 %) of the monthly premium;
• CY2004: Ten percent (10 %) of the monthly premium.
Section 3. In no case shall the premium co -pay obligation established
herein exceed 2% of the employee's monthly base wage.
Section 4. The City Manager is hereby directed to take all steps
necessary and appropriate to effect this policy with regard to all employees
eligible for medical /dental benefits.
PASSED by the City Council of the City of Pasco at a regular meeting this
3'° day of December 2001.
Michael L. barrison, Mayor
ATTEST:
1
Catherine D. Seaman, Deputy City Clerk
APPR S TO FORM:
Leland B. Kerr, City Attorney
RESOLUTION NO.
A Resolution amending the medical /dental premium co -pay obligation by all participating
employees, except those under collective bargaining agreements.
WHEREAS, the City of Pasco provides medical /dental benefits for its employees
through the operation of a self - insured fund, called the Medical/Dental Benefits Fund; and
WHEREAS, the Medical/Dental Benefits Fund receives a monthly premium/assessment
for each employee, paid by the operating fund responsible for paying the wage or salary of the
respective employee; and
WHEREAS, the Medical /Dental Benefits Fund has continued to experience a significant
rise in claims for medical /dental expenses over the past several years; and
WHEREAS, by Resolution No. 2629, the City Council implemented a premium co -pay
obligation for eligible employees, except those under collective bargaining agreements, which
obligation must be increased; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
RESOLVE AS FOLLOWS:
Section 1. All employees, who are eligible for the medical /dental benefits program,
who avail themselves of the benefits offered by the city shall share in the monthly
premium /assessment at the rate of twelve percent (12 %) of the monthly premium effective
August 1, 2012, unless specified otherwise by collective bargaining agreement.
Section 2. In no case shall the premium co -pay obligation established herein exceed
2% of the employee's monthly base wage, unless specified otherwise by collective bargaining
agreement.
Section 3. The City Manager is hereby directed to take all steps necessary and
appropriate to effect this policy with regard to all employees eligible for medical /dental benefits.
Section 4. Resolution No. 2629 is hereby repealed.
PASSED by the City Council of the City of Pasco, Washington, as its regular meeting
dated this 18`h day of June, 2012.
Matt Watkins, Mayor
ATTEST:
APPROVED AS TO FORM:
Debra Clark; City Clerk Leland B. Ken, City Attorney
GENERAL FUND OPERATING STATEMENT
THROUGH MAY 2012
ENDING FUND BALANCE
TOTAL EXPEND & END FUND BAL
AVAILABLE CASH BALANCE
11,563,761 9,970,821
25,227,587 52,285,477
9,124,357
PERCENTAGE OF BUDGET ALLOCATED FOR 4 MONTHS
' $1,650,000 early pay -off 2002 LTGO
These statements are intended for Management use only.
42%
11,136,765 6,000,000
22,849,472 42,198,518
7,220,458
6(b)
YTD
2012
% OF
YTD
TOTAL
% OF
2012
ORIGINAL
ANNUAL
2011
2011
TOTAL
ACTUAL
BUDGET
BUDGET
ACTUAL
BUDGET
ACTUAL
REVENUE SOURCES:
TAXES:
PROPERTY
3,012,485
6,200,000
48.6%
2,823,197
6,000,000
47.1%
SALES
3,410,129
8,265,000
41.3%
3,471,613
8,225,000
42.2%
UTILITY
3,554,583
7,751,660
45.9%
3,446,293
7,560,000
45.6%
OTHER
486,957
1,035,000
47.0%
467,947
1,015,000
46.1%
LICENSES & PERMITS
962,985
1,093,700
88.0%
967,163
1,052,650
91.9%
INTERGOVT REVENUE
419,074
1,679,700.
24.9%
520,647
1,632,200
31.9%
CHARGES FOR SERVICES
1,628,552
4,531,330
35.9%
1,144,676
3,007,750
38.1%
FINES & FORFEITS
329,702
977,200
33.7%
389,658
971,600
40.1%
MISC. REVENUE
268,033
672,245
39.9%
189,298
634,200
29.8%
OTHER FINANCING SOURCES
69,442
138,000
50.3%
42,991
100,000
43.0%
TOTAL REVENUES
14,141,942
32,343,835
43.7%
13,463,483
30,198,400
44.6%
BEGINNING FUND BALANCE
11,085,645
9,970,821
9,385,989
6,000,000
TOTAL SOURCES
25,227,587
42,314,656
59.6%
22,849,472
36,198,400
63.1%
EXPENDITURES:
TY COUNCIL
46,127
118,807
38.8%
41,347
118,040
35.0%
MUNICIPAL COURT
480,088
1,335,634
35.9%
474,316
1,275,150
37.2%
CITY MANAGER
386,567
951,034
40.6%
334,098
915,410
36.5%
POLICE
4,082,182
11,449,715
35.7%
4,194,131
11,284,368
37.2%
FIRE
1,701,832
4,164,541
40.9%
1,640,352
4,193,418
39.1%
ADMIN & COMMUNITY SVCS
2,308,082
6,456,743
35.7%
2,151,386
5,595,700
38.4%
COMMUNITY DEVELOPMENT
464,537
1,208,878
38.4%
399,405
1,101,400
36.3%
ENGINEERING
486,876
1,514,469
32.1%
511,798
1,193,280
42.9%
MISC. NON - DEPARTMENT
3,230,884
13,966,455
23.1%
1,441,581
9,372,872
15.4%
LIBRARY
476,651
1,148,380
41.5%
524,293
1,148,880
45.6%
TOTAL EXPENDITURES
13,663,826
42,314,656
32.3%
11,712,707
36,198,518
32.4%
ENDING FUND BALANCE
TOTAL EXPEND & END FUND BAL
AVAILABLE CASH BALANCE
11,563,761 9,970,821
25,227,587 52,285,477
9,124,357
PERCENTAGE OF BUDGET ALLOCATED FOR 4 MONTHS
' $1,650,000 early pay -off 2002 LTGO
These statements are intended for Management use only.
42%
11,136,765 6,000,000
22,849,472 42,198,518
7,220,458
6(b)
AGENDA REPORT
FOR: City Council
TO: Gary Crutchfiel , 'ty Manager
Rick White, i
Community & Economic Development Director
FROM: Shane O'Neill, Planner I
June 12, 2012
Regular Mtg.: 6/18/12
SUBJECT: STREET VACATION Portion of East Clark Street (Rivera) (MF# VAC 2012 -
00
I. REFERENCE(S):
1. Overview Map
2. Vicinity Map
3. Proposed Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
Conduct Public Hearing:
6/18: MOTION: I move to adopt Ordinance No. , an Ordinance vacating
a portion of East Clark Street and, further, to authorize
publication by summary only.
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. The property owner is planning on developing a parking
lot on the property.
B. The City Council set June 18, 2012 as the date to consider the vacation.
V. DISCUSSION:
A. The proposed street vacation has been reviewed by the City Engineering Division
and the utility providers. No easements have been requested.
00
Overview Item: ROW Vacation Clark Street
Ma Applicant: Pompello D. Rivera N
Map File #: VAC2012 -003
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I
WHEN RECORDED PLEASE RETURN TO:
City of Pasco
Attn: City Planner
525 North 3`d
Pasco, WA 99301
ORDINANCE NO.
AN ORDINANCE VACATING 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 right -of -way; and
WHEREAS, all steps and procedures required by law to vacate said right -of -way have been duly
taken and performed; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. That the north 10 feet of East Clark Street from the west right -of -way line of Lot 7,
Block 104, NP Plat extending to the west right -of -way line of Main Avenue, as depicted in Exhibit "1" be
and the same are hereby vacated.
Section 2. That a certified copy of this ordinance be recorded by the City Clerk of the City of
Pasco in and with the office of the Auditor of Franklin County, Washington.
Section 3. This ordinance shall take full force and effect five (5) days after approval, passage and
publication as required by law.
PASSED by the City Council of the City of Pasco, this 18°i day of June, 2012.
Matt Watkins
Mayor
ATTEST:
Debra L. Clark, CMC
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
City Attorney
Exhibit Item: ROW Vacation Clark Street
#1 Applicant: Pompello D. Rivera N
File #: VAC2012 -003
t4
'74
AGENDA REPORT
FOR: City Counc' 1
s
TO: Gary Crutch Manager Re ar Mtg.
FROM: Rick Terway, irector, Administrative & Community S
SUBJECT: Parks Notice of Infraction
I. REFERENCE(S):
1. Proposed Ordinance.
JUNE 12, 2012
June 18, 2012
H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
6/18: Discussion
MOTION: I move to adopt Ordinance No. , an Ordinance amending
PMC 9.48 "Park Code" regarding enforcement officers and, further, authorize
publication by summary only.
III. FISCAL IMPACT:
None.
IV. HISTORY AND FACTS BRIEF:
A) The past few years, staff has noted a continuing rise in "conflicts" at city parks,
particularly Chiawana and Memorial. Conflicts range from off -leash dogs to gang
activity. In the past, staff hired two park rangers for the summer who shuttled
between the various parks in an effort to discourage such incidents by their mere
presence.
B) At the March 26`s Workshop meeting Council was presented with the idea of
hiring Commissioned Park Rangers, however, we were not successful recruiting
qualified applicants. We are still pursuing this option by working with Skagit
Community College.
V. DISCUSSION:
A) As an interim step to help us keep our parks safe and orderly, staff recommends
amending Chapter 9.48 of the Pasco Municipal Code to designate the Director of
Administrative and Community Services as the "enforcement officer" permitted
under RCW 7.80.040. Code currently assigns responsibility for enforcement of
these ordinances to the director, with no enforcement authority. This authority
would be limited to infractions established under Chapter 9.48 and would also
permit the Director to assign these duties to additional personnel as needed.
B) Civil infractions are the lowest level of violations in the enforcement arena.
Examples of these items are: dogs off - leash, vehicles driving in undesignated
areas, and littering. This enforcement action would be similar to our code
enforcement officers. Any offence greater than an infraction such as a
misdemeanor or gross- misdemeanor would be issued by a commissioned police
officer.
C) Staff recommends Council approval of the proposed changes to Chapter 9.48.
}
� gi /
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON, AMENDING
PMC 9.48 "PARK CODE" REGARDING ENFORCEMENT OFFICERS.
WHEREAS, in the City's efforts to improve public safety and compliance with park
rules and regulations, and
WHEREAS, the City Council has determined that the Director be given the authority
described below and allowed by state law; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 9.48.020 entitled "Definitions" of the Pasco Municipal Code,
shall be and hereby is amended and shall read as follows:
9.48.020 DEFINITIONS. The terms herein used, unless clearly contrary to or
inconsistent with the context in which used, shall be construed as follows:
A) "Director" means the Administrative and Community Services Director.
B) "Enforcement Officer" shall mean the Director as stated in "A" above
BC) "Park" means and includes all City parks, public squares, park drives, parkways,
boulevards, athletic facilities, trails and play and recreation grounds under the jurisdiction of the
City.
Section 2. That Section 9.48.040 entitled "Director Responsibility and Authority" of the
Pasco Municipal Code, shall be and hereby is amended and shall read as follows:
9.48.040 DIRECTOR RESPONSIBILITY AND AUTHORITY. It shall be the
responsibility of the Director of Administrative and Community Services to enforce all
provisions of this chapter. In accordance with RCW 7.80.040 the Director shall be designated
the "enforcement officer" and be authorized to assign additional officers as needed
Section 3. This ordinance shall take full force and effect five (5) days after approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, this _ day of
Matt Watkins
Mayor
ATTEST:
Debra L. Clark
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney
TO: City
FROM: Gary
SUBJECT: Interlocal
1.
II.
III.
IV
REFERENCE(S):
AGENDA REPORT
Manager
Agreement
June 13, 2012
Regular Mtg.: 6/18/12
I . Map, Annexation Options, 2011
2. Incorporation Process
3. Map, Annexation Options, 2012
4. Profile of 2012 Annexation Options
5. Memorandum from Community & Economic Development Director dated
6/13/12 with annexation petition
6. Proposed Resolution
ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
6/18: MOTION: I move to approve Resolution No. , accepting the ten
percent petition for annexation of Riverview Area #2.
FISCAL IMPACT:
HISTORY AND FACTS BRIEF:
A) In summer of 2011, Council was advised of its ability to annex two large portions
of the unincorporated Pasco Urban Growth Area (reference #1), using the utility
agreements signed by individual property owners over the many years the water
system has been owned by the city. At the same time, Council was advised of a
2009 state law which allows a city, county and fire district to enter into an
agreement to spell out an annexation plan for an Urban Growth Area; that
agreement would permit annexation without requiring commitments from
individual property owners. City staff had met previously with Franklin County
Fire District #3 officials and determined there was probability of an appropriate
agreement with Fire District #3; the other step in the agreement process would
require negotiation with Franklin County Board of Commissioners.
B) Upon invitation by the city, the Franklin County Commission agreed to enter such
discussions in September 2011. Suggested provisions of an agreement were
provided by the city to Franklin County in October but no revisions or alternative
provisions were offered by Franklin County. Through meetings in January and
February, Franklin County made it clear it would not entertain discussion of an
agreement until a "matrix" was completed to compare the regulatory and cost
considerations for affected residents. The matrix required four months to complete
(explanation provided to City Council via separate memorandum). Once
completed (in early May), the matrix clearly reflects no meaningful difference in
regulatory matters (except dog control), very similar annualized household costs
and (arguably) improved service levels (police, fire, garbage, etc.) would result
from annexation. Franklin County has yet to provide any substantive response to
the city's proposed interlocal agreement provisions offered last October.
C) In May, a group of "donut hole" residents advised the Franklin County
Commission of its desire to incorporate all of the donut hole, as a new individual
city rather than be annexed by Pasco. RCW 35.02 permits such an effort, with
certain procedures and provisos (reference 42 is an outline of the steps and key
provisos). The law explicitly requires the incorporation proposal to have at least
** 0
3,000 inhabitants in order to be eligible for a public vote. The law also explicitly
recognizes the potential interests of an adjacent city, by allowing the adjacent city
to initiate annexation of any portion of the proposed "new city" area; if such
annexation reduces the population of the new city area below 3,000 inhabitants,
the incorporation proposal dies entirely. If not, the matter may go to a vote of the
residents within the donut hole sometime in 2013.
D) Staff has reviewed the potential annexation areas which could be accomplished by
the city presently (using current utility agreements) and concludes four separate
portions of the donut hole could be annexed immediately (see reference 43).
Given an estimated population of slightly less than 4,000 currently in the donut
hole, the city would need to annex more than 1,000 residents to terminate the
incorporation process.
V. DISCUSSION:
A) Though the city has not been clearly informed by the county, it appears evident
that the Commission is not inclined to enter into an interlocal annexation
agreement. Filing of an incorporation effort does not require Franklin County to
withdraw from meaningful discussions toward an interlocal agreement, but the
county has provided no meaningful indication of its desire or intent to pursue an
agreement (indeed, one could interpret their determination to avoid it).
B) Given the filing of the incorporation effort, coupled with lack of substantive
progress in negotiating an interlocal agreement with Franklin County, Council
should immediately focus on the incorporation effort. Though the concept of a
new city clearly has not been thoroughly evaluated by the proponents (cost will be
much higher than current), the prospect of voter approval based on emotional
reaction to a myriad of "annexation myths" (which persist despite the factual
information in the matrix) should not be dismissed. Obvious problems for Pasco
created by such a scenario include:
• Perpetuation of gross inefficiencies in Pasco's daily operations (police,
utilities, parks and streets) associated with the requirement to drive
through another city to serve portions of Pasco west and north of the donut
hole;
• Potential dead - ending of the city's utility systems (water and sewer) and /or
exorbitant franchise fees /onerous conditions required by the new city;
• Relocation of city Fire Station #3 (Road 68 and Argent) so that it is not on
the edge of Pasco;
• Continued impact on the city's traffic system without contribution by new
development in the new city via traffic impact fees;
• Use of Pasco facilities created and maintained at Pasco taxpayer expense
without financial participation by residents of the separate city (senior
citizens' center, Chiawana Park, etc.).
C) Staff advises that Council should initiate annexation of that portion of the donut
hole identified as "Area 2" on the map in reference #3. That area contains an
estimated population of about 1400 (see reference #4), reducing the remainder of
the donut hole well below the 3,000 population threshold and, thus, terminates the
incorporation process before further emotional commitment grows (Council
should not wait for a petition to be circulated and filed — residents should know as
soon as possible what is the city's intention). This option is recommended with
the additional hope that once the incorporation option is no longer possible,
Franklin County will realize the benefit of an interlocal agreement. If that proves
futile, the city can initiate the process to annex all or part of the other annexation
areas reflected in reference 93.
D) The initial (10 %) petition necessary to start annexation of Area #2 is prepared and
on file in the Community Development Department office (reference #5). The
required Resolution is attached (reference #6), including the legal description and
map of the annexation area; the Resolution reflects city policy on the questions of
indebtedness assumption and zoning.
meee�
D +W
:■
Incorporation Process
1. Notice filed with County Commission.
2. Within 30 days of filing, Commission holds public meeting (scheduled for 6/13).
3. Within 180 days of meeting, petition equal to 10% of voters must be filed with auditor.
4. City Annexation may be initiated any time prior to or 90 days following filing of
incorporation petition.
5. Within 30 days of receipt of petition, Auditor determines petition validity.
6. Within 60 days of notice of publication validity by Auditor, County Commission holds
public hearing.
7. Election at next special election date that is more than 60 days following public hearing.
Annexation Options, 2012
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ANNEXATION AREA OPTIONS
0.TWEVE31
• Total Assessed Valuation ......................
• Assessed Value of Utility Agreements..
• Percentage ............... ...............................
• Dwelling Units ........ ...............................
• Population ............... ...............................
AREA #2
........................... $86,332.200
........................... $55,953,900
......... ..........................64.81 %
.......... ............................... 317
Qo7
• Total Assessed Valuation ............................... ...................$116,538,600
• Assessed Value of Utility Agreements ............ ....................$72,935,800
• Percentage ............................. ............................... ........................62.58%
• Dwelling Units ....................... ............................... ............................511
• Population .............................. ............................... ..........................1,446
AREA #3
• Total Assessed Valuation .............................
• Assessed Value of Utility Agreements.........
• Percentage ...................... ...............................
• Dwelling Units ............... ...............................
• Population ...................... ...............................
AREA #4
• Total Assessed Valuation ............................
• Assessed Value of Utility Agreements........
• Percentage ..................... ...............................
• Dwelling Units .............. ...............................
• Population ..................... ...............................
....................... $9,196,200
....................... $5,694,500
.... .........................61.91 %
...... ............................... 61
....... ............................172
........................ $5,632,200
........................ $4,391,700
....... ............................78%
....... ............................... 28
....... ............................... 79
MEMORANDUM
DATE: June 13, 2012
FOR: City Council
TO: Gary Crutchfield, City Manager
Rick White, Community & Economic Development DirectorZ
FROM: Dave McDonald, City Planner
SUBJECT: Riverview Area 92 Annexation
The purpose of this memorandum is to provide a brief explanation of the annexation process
most commonly used by the city when annexing unincorporated lands within the urban growth
area.
The city generally relies on the petition method of annexation. This method of annexation is a
two -step process requiring a petition representing 10 percent of the property values in a given
area to initiate annexation. Following Council review of the 10 percent petition a petition
representing 60 percent of the property values is required to be submitted.
Valid annexation petitions carry either the direct signatures of property owners or signatures
through the use of power of attorney agreements necessary for water service. As the result of
Council discussion at the workshop of June 11, 2012 staff has prepared a petition (attached)
initiating annexation by use of the power of attorney agreements.
The petition has been reviewed by staff, and has been determined to be sufficient to initiate the
annexation process. The petition represents over 10 percent of the value of the proposed
annexation area.
Upon receipt of a ten percent annexation petition, the City Council is required to hold a public
meeting to determine:
1) Whether the city will accept or require modification of the proposed annexation area;
2) Whether the city will require simultaneous adoption of zoning; and,
3) Whether the city will require the property to assume all or a portion of existing city
indebtedness.
The proposed resolution has been prepared following past practices and city policy of accepting
the proposed annexation area without requiring simultaneous zoning or the assumption of
bonded indebtedness. Zoning will be established following property owner notification and a
public hearing held separately from a hearing on the future annexation.
Recommendation
MOTION: I move to approve Resolution No. , accepting a petition
for annexation and providing a determination on the annexation boundary,
zoning and indebtedness.
NOTICE OF INTENTION TO COMMENCE ANNEXATION PROCEDURES
TO: The City Council of the City of Pasco
525 North Third Avenue
Pasco, Washington 99301
Council Members:
The undersigned, who are the owners of not less than ten percent in
value, according to the assessed valuation for general taxation of the
property for which annexation is sought, hereby express our intention to
the City Council of the City of Pasco to commence annexation
proceedings.
The property herein referred to is generally described in Exhibit "A"
attached hereto and is depicted in Exhibit "B" further attached hereto.
It is requested that the City Council of the City of Pasco hold a public
meeting to determine:
(1) Whether the City Council will accept the proposed annexation;
and,
(2) Whether the City Council will require the assumption of existing
City indebtedness by the area to be annexed; and,
(3) Whether the City Council will require simultaneous zoning.
This page is one of a group of pages containing identical text material
and is intended by the signers of this Notice of Intention to be presented
and considered as one Notice of Intention and may be filed with other
pages containing additional signatures which cumulatively may be
considered as a single Notice of Intention.
1. Please print your name in addition to signing.
NAME ADDRESS DATE
The City of Pasco as Attorney in fact hereby signs this annexation petition
for and in behalf of the properties identified by Parcel # attached to this
signature page:
The recorded Power of Attorney documents (owner Approval for Annexation)
for each parcel are attached hereto and are a part of this annexation petition.
David McDonald
City Planner, City of Pasco
6/13/2012
Initial Petition Parcel Numbers
118522064
118572484
118591092
118532062
118522154
118591093
118532099
118522161
118532115
118522168
118532106
118522175
118532142
118532286
118532179
118531083
118532188
118562074
118532259
118562073
118532268
118562071
118532277
118562070
118532311
118562069
118532320
118562068
118532339
118562067
118532348
118562066
118532357
118562065
118532366
118562064
118532375
118562063
118532384
118562062
118532393
118562061
118532419
118562060
118572180
118562059
118572171
118562058
118572162
118562057
118572144
118591113
118572242
118592056
118572233
118592057
118572224
118592058
118572206
118592059
118572297
118592060
118572260
118592061
118572340
118592062
118572322
118592063
118572064
118592064
118572055
118592065
118572028
118592067
118572019
118592068
118572091
118592069
118572395
118592070
118572402
118592071
118572411
118592073
118572420
118592076
118572439
118592078
118572448
118591090
118572457
118591091
RESOLUTION NO.
A RESOLUTION ACCEPTING A TEN PERCENT ANNEXATION
PETITION, PROVIDING A DETERMINATION ON THE TERRITORY TO BE
ANNEXED AND WHETHER SIMULTANEOUS ZONING AND THE
ASSUMPTION OF BONDED INDEBTEDNESS WILL BE REQUIRED.
WHEREAS, the City of Pasco has initiated the annexation of a portion of unincorporated
Franklin County and the Pasco Urban Growth Area, generally located between between Road 68
and Road 52 south of the Franklin County Irrigation District # 1 canal, by the petition method of
annexation; and
WHEREAS, the City Council of the City of Pasco has reviewed the annexation petition
and has determined annexation of the territory would support the provision of municipal services
within the Pasco Urban Growth Area and is in the best interest of the Pasco community; NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, DOES RESOLVE AS
FOLLOWS:
A) That the City will accept the proposed territory to be annexed as described in
Exhibit "A" and depicted in Exhibit `B" attached hereto.
B) That the territory to be annexed will not require simultaneous adoption of zoning
regulations. Zoning will be determined through a public hearing process with input from
affected property owners.
C) That the annexation area will not be required to assume any portion of existing
City bonded indebtedness.
PASSED by the City Council of the City of Pasco this _ day of June, 2012.
Matt Watkins, Mayor
ATTEST:
Debra Clark, City Clerk Leland B. Kerr, City Attorney
EXHIBIT "A"
LEGAL DESCRIPTION
RIVERVIEW AREA #2
Beginning at the southwest corner of Lot 4, Lamb Estates, said corner being
the TRUE POINT OF BEGINNING; Thence easterly along the south line of Lots
4, 3, 2 and 1 of Lamb Estates to the intersection with the west right -of -way line
of Road 62; Thence easterly along the easterly projection of the south line of
Lot 1, Lamb Estates to the east right -of -way line of Road 62; Thence northerly
along said east right -of -way line to the north line of Lot 8, Sunflower Estates;
Thence easterly along the north line of said Lot 8 to the intersection with the
west right -of -way line of Road 60; Thence easterly along the easterly projection
of the north line of said Lot 8 to the intersection with the east right -of -way line
of Road 60; Thence southerly along the east right -of -way line of Road 60 to the
intersection with the north right -of -way line of Sylvester Street; Thence
easterly along the north right -of -way line of Sylvester Street to the intersection
with the east right -of -way line of Road 52; Thence northerly along the east
right -of -way line of Road 52 to the intersection with the easterly projection of
the south right -of -way line of West Agate Street; Thence westerly along the
easterly projection of the south right -of -way line of West Agate Street to west
right -of -way line of Road 52; Thence westerly along the south right -of -way line
of West Agate Street to the northwest corner of Lot 7, Farrell Addition said
northwest corner being on the east line of the west half of the southeast
quarter of the southeast quarter of Section 22, Township 9, North, Range 29
East W.M.; Thence northerly along the east line of west half of the southeast
quarter of the southeast quarter of Section 22, Township 9, North, Range 29
East W.M to the intersection with the northeast corner of Lot 4, Bales Place;
Thence westerly along the north line of Lots, 4, 3, 2, and 1 of Bales Place to the
intersection with the east right -of -way line of Road 56; Thence northerly along
the east right -of -way line of Road 56 to the intersection with the easterly
projection of the north line of Lot 1, Block 2, Jensen Estates; Thence westerly
along the easterly projection of the north line of said Lot 1 to the intersection
with the west right -of -way line of Road 56; Thence northerly along the west
right -of -way line of Road 56 to the intersection with the easterly projection of
the south line of Lot 13, Park Knoll Subdivision; Thence easterly along the
easterly projection of said Lot 13, to the point on the north right -of -way line of
West Wernett Road said point being 89.71 feet west of the southeast corner of
Lot 40, Park Knoll Subdivision; Thence easterly along the north right -of -way
line of West Wernett Road to the intersection with a point on the north right -of-
way line of West Wernett Road said point being 101.28 feet east of the
southwest corner of Lot 1, Diamond Ridge; Thence along a 25 foot radius to
the left having an arc distance of 38.81 feet and a central angle of 88 degrees,
57 minutes, and 2 seconds to a point on the west right -of -way line of Road 52
1
said point being 174.49 feet south of the northeast corner of said Lot 1; Thence
northerly along the west right -of -way line of Road 52 to a point on said right -of-
way being 245.23 feet north of the southeast corner of Lot 2, Short Plat 2008-
13; Thence along a 25 foot radius to the left having an arc distance of 39.75
feet and a central angle of 91 degrees, 05 minutes and 31 seconds to a point on
the south right -of -way line of Richardson Road, said point being 155.12 feet
east of the northwest corner of Lot 2, Short Plat 2008 -13; Thence westerly
along the south right -of -way line of Richardson Road to a point 223.49 feet
west of the northeast corner of Lot 9, Diamond Ridge; Thence north to the
north right -of -way line of Richardson Road; Thence westerly along the north
right -of -way line of Richardson Road to the intersection with the southerly
projection of Lot 7, Riverhills Addition; Thence northerly along the southerly
projection of said Lot 7, to the southeast corner of said Lot 7; Thence
northerly along the east line of said Lot 7, and northerly along the east line of
Lot 5, Riverhills Addition to the south right -of -way line of West Livingston
Road; Thence northerly along the northerly projection of the east line of said
Lot 5, to a point on the north right -of -way line of West Livingston Road, said
point being the southeast corner of Lot 3, Riverhills Addition; Thence northerly
along the east line of said Lot 3, and northerly along the east line of Lot 1,
Riverhills Addition to the south right -of -way line of West Dradie Street; Thence
northerly along the northerly projection of said Lot 1, to the intersection with
the northwest corner of Lot 1, Short Plat 76 -23, said northwest corner being on
the south right -of -way line of West Dradie Street; Thence easterly along the
south right -of -way line of West Dradie Street to the intersection with the
southerly projection of Lot 1, Bosch Estates II; Thence northerly along the
southerly projection of said Lot 1 to the southeast corner of said Lot 1: Thence
northerly along the east line of said Lot 1 and the east line of Lots 2, 3, and 4
Bosch Estates II to the south right -of -way line of West Argent Road; Thence
northerly along the northerly projection of the east line of Lot 4, Bosch Estates
to the north line of West Argent Road; Thence easterly along the north right -of-
way line of Argent Road to the intersection with the east line of Section 15,
Township 9 North, Range 29 East W.M.; Thence northerly along the east line
of said Section 15 to the south right -of -way line of the Franklin County
Irrigation District No 1 canal; Thence westerly along the south line of said
irrigation canal right -of -way to the intersection with northeast corner of Lot 2,
Binding Site Plan 2006 -06. Thence southerly along the east line of said Lot 2
to the north right -of -way line of West Argent Road; Thence easterly along the
north right -of -way line of West Argent Road to the intersection with the
northerly projection of the North 210' of East 150' of the east half of the
northeast quarter of the northwest quarter of the northwest quarter of Section
27, Township 9 North, Range 29 East, W.M.; Thence southerly along the
northerly projection of said line to the south right -of -way line of West Argent
Road; Thence easterly along the south line of West Argent Road to the
intersection with the northerly projection of the west line of Lot 1, Quail Run;
Thence southerly along said northerly projection to a point on the east right -of-
way line of Road 64 said point being 221.81 feet from the southwest corner of
2
said Lot 1; Thence southerly along the east right -of -way line of Road 64 to the
intersection with the southwest corner of Lot 4, Quail Run; Thence easterly
along the south line of said Lot 4 and easterly along the south line of Lot 5,
Quail Run to the southwest corner of Lot 5, Shaundee Estates; Thence
easterly along the south line of said Lot 5, to the intersection with the west
right -of -way line of Road 61; Thence easterly along the easterly projection of
the south line of said Lot 5 to the southwest corner of Lot 6, Shaundee Estates;
Thence easterly along the south line of said Lot 6 and easterly along the south
line of Lot 7, Shaundee Estates to the west right -of -way line of Road 60;
Thence northerly along the west right -of -way line of Road 60 to the intersection
with a point on the west right -of -way line of Road 60 said point being 115.73
feet north of the southeast corner of Lot 10, Shaundee Estates; Thence
easterly to the east right -of -way line of Road 60; thence northerly along the
east right -of -way line of Road 60 to the south right -of -way line of West Argent
Road; Thence easterly along the south right -of -way line of West Argent Road to
the intersection with a line 825 east of the west line of the northwest quarter of
the northeast quarter of Section 22, Township 9 North, Range 29 East W.M.;
Thence southerly along said line to the intersection with the westerly projection
of the south line of Lot 4, Bocsh Estates said intersection being on the west
right -of -way line of Road 57; Thence southerly along the west right -of -way line
of Road 57 to the intersection with the south line of the northwest quarter of
the northeast quarter of Section 22, Township 9 North, Range 29 East W.M.;
Thence westerly along said south line to the west right -of -way line of Road 57;
Thence southerly along the west right -of -way line of Road 57 to the intersection
with the north line of Lot 1, Short Plat 2000 -09; Thence westerly along the
north line of said Lot 1 to the intersection with the northeast corner of a parcel
described as follows: The south 594.16 feet of the west 227.73 feet of the
east 495 feet of the west 825 feet of southwest quarter of the northwest
quarter of Section 22, Township 9 North, Range 29 East W.M., except 30 feet
for Wernett Road; Thence westerly along the north line of said described parcel
to the northwest corner thereof; Thence southerly along the west line of said
described parcel to the intersection with the northeast corner of Lot 1, Short
Plat 76 -9; Thence westerly along the north line of said Lot 1 to the east right -of
—way line of Road 60; Thence westerly along the westerly projection of the
north line of said Lot 1 to the intersection with the west right -of -way line of
Road 60; Thence northerly along the west right -of -way line of Road 60 to the
intersection with the northeast corner of Lot 6, Block 2, Deschane's
Subdivision the same being the intersection of Road 60 and West Richardson
Road; Thence westerly along the south right -of -way line of West Richardson
Road to a point on the north line of Lot 1, Block 1 Buttercreek Estates Phase 1
said point being 133.70 feet west of the northeast corner of said Lot 1; Thence
along a 25 foot radius to the left having an arc distance of 38.68 feet and a
central angle of 88 degrees, 39 minutes, and 10 seconds to a point on the east
right -of -way line of Road 68 said point being 127.66 feet north of the southwest
corner of said Lot 1; Thence southerly along the east right -of -way line of Road
68 to the intersection with the westerly projection of the south line of
3
Buttercreek Estates Phase 2; Thence easterly along said westerly projection
and along the south line of Buttercreek Estates Phase 2 to the east line of
Buttercreek Estates Phase 2; Thence southerly bearing south 00 degrees, 47
minutes and 36 seconds west for a distance of 15 feet; Thence easterly bearing
north 89 degrees, 36 minutes and 44 seconds to the intersection with the east
right -of -way line of Road 64; Thence southerly along the east right -of -way line
of Road 64 to the intersection with the westerly projection of the north line of
Binding Site Plan 2001 -05; Thence easterly along the north line of said
Binding Site Plan to the east right -of -way line of Road 64; Thence southerly
along the east right -of -way line of Road 64 to the point of beginning.
4
AGENDA REPORT
FOR: City Council
FROM: Gary Crutchfie I anager
SUBJECT: Rail Projects Management Agreement with Port of Pasco
I. REFERENCE(S):
1. Proposed Agreement
June 15, 2012
Regular Mtg.: 06/18/12
H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
06/18: MOTION: I move to approve the Rail Projects Management Agreement
with the Port of Pasco and, further, authorize the City Manager
to sign the agreement.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) The city has worked diligently with the Port and other property owners for several
years to accomplish public improvements in the vicinity of the Heritage Industrial
Center, all in an effort to enhance the ability of that property to be developed by
the private sector for industrial purposes; the overriding objective of the city is to
expand the community's tax base. Public improvements made over the past five
years include: extension of sewer; a local improvement district to improve A
Street to accommodate increased truck traffic and extend utilities; installation of a
main line rail switch by the Port at the west end of the Heritage industrial area;
development of a rail use and maintenance agreement, with easements.
B) The city and port sought state funding assistance for the extension of the heritage
rail during the past legislative session. The state's capital budget, when finally
approved in the waning days of the session, included sufficient funds to extend the
Heritage rail line to Rd. 40 East, as well as a replacement line in the Port of Pasco.
The grant funds will be available (by contract to the Port of Pasco) sometime in
July of this year. The port has indicated their staff is fully obligated to other
ongoing projects and would prefer the rail projects be managed by the city's
engineering office.
V. DISCUSSION:
A) The city's engineering office has the capacity to oversee engineering services
provided via contract. The cost of those contracted services can be charged to the
grant projects, so there will be no financial impact to the city.
B) The city and port staff have developed the proposed "rail projects management
agreement" (attached as reference 91). The Port Commission has already
approved the agreement. City staff requests council approval of the agreement so
that staff can get started on the preliminary management duties as soon as
possible, thus allowing construction to start by October of this year.
10(a)
INTERLOCAL COOPERATIVE AGREEMENT
(Rail Projects Management Agreement)
This Agreement entered into this day of 2012, by and
between the CITY OF PASCO, Washington, a municipal corporation, hereinafter
referred to as "City" and the PORT OF PASCO, a municipal corporation,
hereinafter referred to as "Port", is entered into as an Interlocal Cooperative
Agreement in accordance with RCW 39.34 and the following terms and conditions:
RECITALS
A. The City and Port together with others have entered into an
agreement dated February 12, 2009 entitled "Maintenance and Use of Rail Line
and Latecomer Agreement" (the "Rail Use Agreement ") in order to promote
economic development within the jurisdictions of the City of Pasco and the Port of
Pasco.
B. The parties' cooperative efforts in seeking funding for rail projects
has resulted in obtaining funding for the rail line contemplated by the Rail Use
Agreement (the "Heritage Rail Project ") and for another project located at the Big
Pasco Industrial Center (`EPIC Project "). The Heritage Rail Project and the BPIC
Project are referred to jointly as the "Projects ", defined below.
C. Heritage Rail Project: Install approximately 1 mile of new rail at
Heritage Industrial Center in Pasco Washington. Project extends from the end of
the previously installed rail spur west of Oregon Avenue to Road 40 East. A grade
crossing at Road 40 East may also be constructed, but only if there are sufficient
grant funds.
BPIC Project: Complete Phase 5 of the Big Pasco Rail Hub project
by installing approximately 4,000 LF of new rail along the Track 415 corridor, and
refurbishing Tracks 411 and 416.
INTERLOCAL COOPERATIVE AGREEMENT - 1
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and the BPIC Project would constitute a substantial benefit to both the City and the
Port; NOW, THEREFORE,
AGREEMENT
The City and the Port in order to identify each of their responsibilities in the
accomplishment of this mutual purpose and in consideration of the mutual benefits
to be received, agree as follows:
Section 1. Purpose. The purpose of this Agreement shall be coordinating
the cooperative efforts of the Port and the City to engineer and construct the
Projects utilizing grant funds, and to provide for administration of the Grant (as
hereinafter defined), the preliminary engineering, the plans and specifications, the
bidding, the construction management, and the contracting for the work to
complete the Projects. It also delegates rights and responsibilities relating to
construction costs and grant administration.
Section 2. Source of Funding. The Port will be receiving funding from
the Washington State Department of Commerce ( "WSDOC ") for the completion of
the BPIC Project and Heritage Rail Project. This funding (the "Grant ") has been
awarded in the Washington State 2012 Capital Budget and this agreement is
contingent upon receipt of such funding in the following amounts:
BPIC Project: $1,400,000.00
Heritage Rail Project: $1,800,000.00
These amounts will be reduced by the WSDOC's administrative fee. The
Grant is offered on a cost reimbursement basis.
Section 3. Duties of the Parties. The City will be the lead agency in
regard to the design and construction of the Projects. The Port authorizes the City
to perform all administrative duties required and contemplated by the Grant
relating to engineering and construction of the Projects, including the preliminary
engineering, plans and specifications preparation, and construction of the Projects.
The City shall select engineering services and contractors in compliance with
applicable laws, regulations and ordinances, and this Agreement.
The City shall work in conjunction with the Port in the selection of an
engineering firm and in the preparation of plans and specifications. The
INTERLOCAL COOPERATIVE AGREEMENT - 2
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engineering firm shall submit payment requests for engineering and for
preparation of plans and specifications to the City on each of the Projects. The
City shall review and submit such requests to the Port for payment. The Port shall
have final review authority and shall pay the engineering firm directly.
The City shall select the contractor for each Project and contract with the
contractor for the completion of the Projects. The contractor on each Project shall
submit payment requests from time to time. The City shall review and submit such
requests to the Port for payment.
The City shall submit to the Port for approval all contracts, plans,
specifications, and engineering prior to approval by the City of such contracts,
plans, specifications and engineering.
The Port shall be the lead agency in regard to the administration of the
grant funds. The terms of the Grant shall be provided to the City, and the City
shall comply with provisions relating to its responsibilities under this Agreement.
Section 4. Funding and Costs. The funding for the engineering and
construction of the Projects will come from the Grant to the Port. Upon receipt of a
pay request from the contractor or the engineer, said pay request shall be
approved by the City on both the Heritage Rail Project and the BPIC Project.
Upon City recommendation for payment, the Port shall pay the contractor or
engineer directly, but maintains the authority for final approval.
Eligible costs for payment by the Port may include City administrative
charges for the Heritage Rail project. The parties shall endeavor to keep costs of
the Projects limited to the amount of the Grant. In the event costs are incurred
that exceed the amount of the Grant, or are ineligible for reimbursement under the
Grant, the responsibility for payment of the amounts unreimbursed by the Grant
shall be as follows:
BPIC Project: Port
Heritage Rail Project: Shared equally by the Port and the City
Section 5. Accounting of Project Expenses. Expenses associated with
each of the Projects shall be accounted for separately.
INTERLOCAL COOPERATIVE AGREEMENT - 3
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Section 6. Duration. This Agreement shall commence on the date of
execution and shall terminate as hereinafter provided.
Section 7. Administration. Administration of the mutual efforts provided
in this Agreement shall be conducted by the City Manager for the City, and the
Port Executive Director for the Port. No independent administrator or joint board
shall be responsible for the administration of the cooperative activity provided
hereunder. All funds received by grant shall be specifically administered by the
Port and no joint or special fund shall be created.
Section 8. Termination. Termination of this Agreement shall be upon
completion of the Projects or written mutual agreement of the parties. The
Projects shall be owned by the Port, and no joint personal or real property is
anticipated to be acquired pursuant to the terms of this Agreement.
Section 9. General Indemnification. The City of Pasco and the Port of
Pasco each agree to defend and indemnify the other and its elected and appointed
officials, officers, employees and agents against all claims, losses, damages, suits,
and expenses, including reasonable attorneys' fees and costs, to the extent they
arise out of, or result from, the negligence of the indemnitor or its elected or
appointed officials, officers, employees or agents in the performance of this
Agreement. The indemnitor's duty to defend and indemnify extends to claims by
the elected or appointed officials, officers, employees or agents of the indemnitor.
The indemnitor waives its immunity under Title 51 of the Revised Code of
Washington solely for the purpose of this provision and acknowledges that this
waiver was mutually negotiated. This provision shall survive the termination of this
Agreement.
Section 10. Captions. The paragraph and subsection captions used in
this Agreement are for convenience only and shall not control or affect the
meaning or construction of any provision of this Agreement.
Section 11. Entire Agreement. This Agreement contains the entire
Agreement and understanding of the parties with respect to the subject matter
hereof, and supersedes all prior oral or written understandings, agreements,
promises or other undertakings between the parties.
Section 12. Governing Law. This Agreement shall be interpreted in
accordance with the laws of the State of Washington in effect on the date of
INTERLOCAL COOPERATIVE AGREEMENT - 4
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execution of this Agreement. In the event any party deems it necessary to institute
legal action or proceedings to ensure any right or obligation under this Agreement,
the parties agree that such action shall be brought in a court of competent
jurisdiction situated in Franklin County, Washington.
Section 13. No Third Party Rights. Except as expressly provided herein,
nothing in this Agreement shall be construed to permit anyone other than the
parties hereto to rely upon the covenants and agreements herein contained nor to
give any such third party a cause of action (as a third party beneficiary or
otherwise) on account of any nonperformance hereunder.
Section 14. Amendment or Waiver. This Agreement may not be
modified or amended except by written instrument approved by resolution or
ordinance duly adopted by the City and the Port. No course of dealing between
the parties or any delay in exercising any rights hereunder shall operate as a
waiver of any rights of any party.
IN WITNESS WHEREOF, the parties, duly authorized by appropriate
motion, resolution or declaration, have signed this Agreement on the date and
year first written above.
CITY OF PASCO
City Manager
Approved as to Form
Leland B. Kerr
City Attorney
PORT OF PASCO
Executive Director
Approved as to Form
Dan F. Hultgrenn
Port Attorney
INTERLOCAL COOPERATIVE AGREEMENT - 5
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STATE OF WASHINGTON)
) ss.
County of Franklin )
On this day of 2012, before me, the undersigned, a
Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared to me known to be the City
Manager of the City of Pasco, the municipal corporation that executed the
foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said municipal corporation, for the uses and purposes
therein mentioned, and on oath stated that was authorized to execute the
said instrument.
Witness my hand and official seal hereto affixed the day and year first
above written.
Printed Name:
Notary Public in and for the State of
Washington, residing at
My commission expires:
INTERLOCAL COOPERATIVE AGREEMENT - 6
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STATE OF WASHINGTON)
) ss.
County of Franklin )
On this day of
Notary Public in and
personally appeared
2012, before me, the undersigned, a
for the State of Washington, duly commissioned and sworn,
to me known to be the Executive
Director of the Port of Pasco, the municipal corporation that executed the
foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said municipal corporation, for the uses and purposes
therein mentioned, and on oath stated that he was authorized to execute the said
instrument.
Witness my hand and official seal hereto affixed the day and year first
above written.
Printed Name:
Notary Public in and for the State of
Washington, residing at
My commission expires:
INTERLOCAL COOPERATIVE AGREEMENT - 7
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