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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 +x t F- 1 R j �• L9 t y' A 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 a L II I I I 3 l / A. 1 v :5F J' •y/,.-a� ,'^�a '� at Yin -{ _ - �- .- � .. Ef '��jya � fir, CcC jr'�SklNt,rYr i it - 1� ,. l \ \ It 1�i t : I) yfl I ?Ut I r it TIq I tIT nq :� , � : I � 3�r � i � j�.r. V� � •.� I _IIS I ,� I ll f!tarl "'/rU � :, '• �.� .f #n Ck 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 C:\ Users \CRUTCHFIELDG \Documents \Rail Projects Mngmt Agrml.docx 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 C:\ Users \CRUTCHFIELDG \Documents \Rail Projects Mngmt Agrmt.docx 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 C'.\ Users \CRUTCHFIELDG \Documents \Rail Projects Mngmt Agrmt.docx 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 C:\ Users \CRUTCHFIELDG \Documents \Rail Projects Mngmt Agrmt.docx 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 C:\ Users \CRUTCHFIELDG \Documents \Rail Projects Mngmt Agrml.docx 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 C: \Users \CRUTCHFIELDG \Documents \Rail Projects Mngmt Agrmt.docx 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 G\ Users \CRUTCHFIELDG \Documents \Rail Projects Mngmt Agnnt.docx