HomeMy WebLinkAbout2012.07.23 Council Workshop PacketAGENDA
PASCO CITY COUNCIL
Workshop Meeting 7:00 p.m.
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance.
3. VERBAL REPORTS FROM COUNCILMEMBERS:
4. ITEMS FOR DISCUSSION:
July 23, 2012
(a) Geographical Information System (GIS) Presentation. (NO WRITTEN MATERIAL ON
AGENDA) Presented by Jesse Rice, Information Systems Manager.
(b) Lewis Street Property Acquisition:
1. Agenda Report from Stan Strebel, Deputy City Manager dated July 9, 2012.
2. Notice to Property Owners.
3. Proposed Ordinance Amending Ordinance No. 3968.
4. Map of Affected Properties.
(c) US Cellular First Addendum to Communication Site License Agreement:
1. Agenda Report from Ahmad Qayoumi, Public Works Director dated July 9, 2012.
2, Vicinity Map.
3. First Addendum to Communication Site License Agreement.
4. Original Agreement.
(d) Appointments to Regional Hotel/Motel Commission:
1. Agenda Report from Gary Crutchfield, City Manager dated July 18, 2012.
2. Letter from Tri- Cities Hotel and Lodging Association dated July 12, 2012.
3. Section 5, Interlocal Agreement for Tri-City Regional Tourism Promotion Area.
(e) Utility Payments with Development:
1. Agenda Report from Rick White, Community & Economic Development Director dated
July 18, 2012.
2. Proposed Revisions to Chapter 16.06 Pasco Municipal Code.
3. Chart of Proposed Fee Applicability.
(f) Dangerous Animal Appeal:
1. Agenda Report from Rick Terway, Administrative & Community Services Director dated
July 17, 2012.
2. Proposed Ordinance.
(g) Maximum Amount for Civil Infractions:
1. Agenda Report from Rick Ter-way, Administrative & Community Services Director dated
July 19, 2012.
2. Proposed Ordinance.
(h) Reject Bids for 41h Avenue Corridor (Court Street to I -182) Project No. C2- 10- 06 -STR:
1. Agenda Report from Mike Pawlak, City Engineer dated July 18, 2012.
2. Vicinity Map.
3. Bid Summary.
(i) LID #149 - Kurtzman Park Area 3, Project No. C5- ST- 3A- 12 -01:
1. Agenda Report from Mike Pawlak, City Engineer dated July 18, 2012.
2. Vicinity Map.
3. Bid Summary.
(j) Powerline Road Design:
1. Agenda Report from Ahmad Qayoumi, Public Works Director dated July 18, 2012.
2. Vicinity Map.
3. Professional Services Agreement.
Workshop Meeting 2 July 23, 2012
(k) Professional Services Agreement with Shannon & Wilson — Linda Loviisa:
1. Agenda Report from Ahmad Qayoumi, Public Works Director dated July 20, 2012.
2. Vicinity Map.
3. Professional Services Agreement.
(1) Capital Improvement Plan:
1. Agenda Report from Gary Crutchfield, City Manager dated July 19, 2012.
2. Proposed Capital Improvement Plan 2013 -2018 (Council packets only; copy available for
review in the City Manager's office, Pasco Library and on the city's website at
www.pasco-wa.gov/citycouncilreports .
3. Revised "Project Description" for "Pivots Expansion" page 55 in CIP binder.
4. Proposed Resolution.
5. OTHER ITEMS FOR DISCUSSION:
(a)
(b)
(c)
6. EXECUTIVE SESSION:
(a) Litigation
(b)
(c)
7. ADJOURNMENT
REMINDERS:
1. 4:00 p.m., Monday, July 23, Ben - Franklin Transit Office — Hanford Area Economic Investment Fund
Committee Meeting. (COUNCILMEMBER AL YENNEY, Rep.; SAUL MARTINEZ, Alt.)
2. 7:30 a.m., Thursday, July 26, 7130 W. Grandridge Blvd — Tri- Cities Visitor & Convention Bureau
Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.)
3. 9:30 a.m., Thursday, July 26, Hal Homes Center, Ellensburg — Columbia River Policy Advisory
Group Meeting. (MAYOR MATT WATKINS)
4, 4:00 p.m., Thursday, July 26, 7130 W. Grandridge Blvd — TRIDEC Board Meeting.
(COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.)
5. 5:30 p.m., Thursday, July 26, 710 W. Court Street — Benton - Franklin Community Action Committee
Meeting. (COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.)
6. 7:30 a.m., Friday, July 27, Richland City Council Chambers — Hanford Communities Governing
Board Meeting. (COUNCILMEMBER MIKE GARRISON, Rep.; AL YENNEY, Alt.)
7. 12:00 p.m., Wednesday, August 1, 2601 N. Capitol Avenue — Franklin County Mosquito Control
District Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY, Alt.)
8. 5:30 p.m., Thursday, August 2, P &R Classroom — Parks & Recreation Advisory Board Meeting.
(COUNCILMEMBER SAUL MARTINEZ, Rep.; MIKE GARRISON, Alt.)
AGENDA REPORT
FOR: City Council
TO: Gary Crutchfe anager
FROM: Stan Strebel, De uty City Manager x005/
SUBJECT: Lewis Street Property Acquisition
I. REFERENCE(S):
1. Notice to Property Owners
2. Proposed Ordinance Amending Ordinance No. 3968
3. Map of Affected Properties
July 9, 2012
Workshop Mtg.: 7/23/12
Regular Mtg.: 8/6/12
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
7/23: Discussion — Hold Public Meeting
8/6: MOTION: I move to adopt Ordinance No. , amending Ordinance No.
3968 which authorizes the acquisition of real property necessary
for the construction of the Lewis Street Overpass and, further,
authorize publication by summary only.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) Council previously adopted (8/2010) Ordinance No. 3968 identifying necessary
property acquisitions for the Lewis Street Overpass. Each of the properties
identified was a total acquisition and each has subsequently been acquired. At the
time, it was unknown what, if any, acquisitions may be needed to allow proper
alignment of the overpass at the intersection with Oregon Avenue as the
construction design process was underway.
B) The City has acquired three of four small additions to the right -of -way at the
Oregon/Lewis intersection in order to accommodate the construction. The owners
of the final property needed for the project have become unresponsive to the
City's negotiator, in spite of efforts to provide appraisal and survey information
and on -site project boundary marking. Acquisition of this parcel is needed to
conclude certification of the right -of -way acquisition process and allow the City
to move forward with construction funding efforts.
C) State law requires notice and a meeting process before the City can initiate
condemnation proceedings. A meeting at which the City will "inform potentially
affected property owners of record about the scope and reasons for a potential
condemnation action" must be held. Staff has provided notice (see attached) of
the required meeting (7/23/12) and of the proposed date of final action (8/6) on
the condemnation.
D) RCW 8.12 requires that condemnation proceedings be initiated by ordinance. The
attached ordinance amends the City's prior Ordinance No. 3968 by adding the
final property to the list of prior potentially affected properties and authorizes the
City Manager to begin the process of acquisition. While this ordinance will be
sufficient to establish the potential threat of condemnation, it requires specific
approval, by separate ordinance to initiate the condemnation process in the event
that the property cannot be acquired by further negotiation.
4(b)
C OPY
NOTICE
ACQUISITION OF REAL PROPERTY FOR THE CONSTRUCTION
OF THE LEWIS STREET OVERPASS BY CONDEMNATION
NOTICE IS HEREBY GIVEN that the City of Pasco shall conduct a public meeting regarding
acquisition of real property by condemnation for the construction of the Lewis Street Overpass.
This meeting shall be for the purpose of informing potentially affected property owners about the
scope and reasons for a potential condemnation action. This meeting shall occur at 7:00 p.m., on
the 23`d day of July, 2012, at the City Council Chambers located at 525 N. Third Street, Pasco,
WA.
The potential condemnation of the following properties will be considered by the Pasco City
Council for final action at 7:00 p.m., on the 6' day of August, 2012 at the City Council
Chambers:
Owner
Parcel Number
Amrik S. and SK Sihota 112- 081 -257
DATED t� 6'h day g&4*, 2012.
Gary
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington, Amending
Ordinance No. 3968, Authorizing the Initiation of a Petition for
Condemnation of Real Property Necessary for the Construction of the Lewis
Street Overpass.
WHEREAS, due to the deteriorating condition of the existing Lewis Street Railroad
underpass, replacement of which is required for the safe and efficient circulation of traffic for
this major corridor connecting East and West Pasco; and
WHEREAS, to facilitate this project, the City needs to acquire real property upon which
the right -of -way and improvements of the Railroad Overpass will be constructed; and
WHEREAS, other property over which the overpass improvements will be constructed is
presently owned by various private property owners which will need to be acquired by the City
to accomplish this project; and
WHEREAS, the City, pursuant to Chapter 8.12 RCW, is authorized to acquire by
eminent domain, such real property for public use after just compensation therefore has been
made; and
WHEREAS, after giving notice of this action pursuant to RCW 8.25.290, and having
held a public meeting thereon, the City Council adopted Ordinance No. 3968, Authorizing the
Initiation of a Petition for Condemnation of Real Property Necessary for the Construction of the
Lewis Street Overpass; and
WHEREAS, subsequent to the adoption of Ordinance no. 3968 it was determined that
there was additional property required for the construction of the Lewis Street Overpass, and
having provided supplemental notice having held an additional public meeting thereon, it is,
hereby, determined to be in the best interest of the City to acquire such real property for this very
important public use, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDIAN
AS FOLLOWS:
That Ordinance No. 3968, adopted on August 2, 2010, is hereby amended to read as
follows:
Section 1. Findings of Facts.
A. The City Council does hereby find that the construction of the Lewis Street
Overpass constitutes a public use as defined by RCW 8.12.030;
Condemnation Ordinance — Page 1
B. The acquisition of the below- described parcels of real property, in part, or in its
entirety, are necessary for the construction of the Lewis Street Railroad Overpass, thereby;
constituting a public necessity; and
C. The acquisition of the below- described real property is to be paid from the
Arterial Street Fund, as supplemented by eligible State and Federal Grants without special
assessment being levied therefore.
Section 2. Description of the Property. The real property to be acquired by eminent
domain constitutes the following described property:
Owner Parcel Number
Tri -City Union Gospel Mission 112 - 035 -182
112- 035 -191
112- 035 -208
Laborer's Union No. 348 112- 035 -164
112 - 035 -173
Franklin County 112- 083 -120
Marco A. Cardenas 112- 036 -207
Blanca Estela Diaz 112- 036 -172
Robert E. Olson 112 - 036 -163
Don Wright 112- 036 -154
St. Vincent DePaul 112- 036 -127
112- 036 -136
112- 036 -145
Apostolic Assembly of Faith in Christ Jesus 112 - 036 -065
112- 036 -074
112 - 036 -083
112 - 036 -092
112 - 036 -109
Alyeskaflats, LLC /Delores Fields 112 - 036 -118
J & M Investments 112- 035 -262
Jose A. Llamas and Victorina Llamas 112- 035 -226
112- 035 -235
Condemnation Ordinance — Page 2
Jose Llamas 112- 035 -253
Jesus Vera 112 -035 -244
Daniel H. Walsh and Judith M. Walsh, Trustees 112- 035 -217
Amrik S and SK Sihota 112- 081 -257
Section 3. Authorization for Condemnation. The City Manager shall be and hereby is
authorized to proceed with the acquisition of the above - described real property by negotiation,
and, if necessary upon approval by the City Council, initiation of a Petition for Condemnation of
such real property in Franklin County Superior Court providing for the acquisition of such real
property by eminent domain and for the determination of just compensation therefore.
Section 4. This Ordinance shall take full force and affect five (5) days after its approval,
passage, and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this day of 12012.
Matt Watkins, Mayor
ATTEST:
APPROVED AS TO FORM:
Debbie Clark, City Clerk Leland B. Kerr, City Attorney
Condemnation Ordinance — Page 3
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FOR: City Counch / July 09, 2012
iS j
TO: Gary Crutchfie}; City Manager
i
FROM: Ahmad Qayounl*, Public Works Director Workshop Mtg.: 07/23/12
Regular Mtg.: 08/06/12
SUBJECT: US Cellular First Addendum to Communication Site License Agreement
I. REFERENCE(S):
1. Vicinity Map
2. First Addendum to Communication Site License Agreement
3. Original Agreement
IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
07/23: Discussion
08/06: MOTION: I move to approve the First Addendum to Communication Site
License Agreement with US Cellular to install additional
antennas on the Road 68 water reservoir, and further, authorize
the Mayor to sign the Addendum.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) In 2006, the City approved the Communication Site License Agreement with US
Cellular to install six antennas on the new and old water reservoirs.
V. DISCUSSION:
A) US Cellular has submitted a request to install three (3) additional telecommunication
antennas on the Road 68 water reservoir.
B) US Cellular has agreed to pay an initial one -time license fee of $6,667 for capital
infrastructure and a monthly license fee of $1,500 per month.
4(c)
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Recorded at the Request of-
City of Pasco
525 North 3rd
Pasco WA 99301
FIRST ADDENDUM TO
COMMUNICATION SITE LICENSE AGREEMENT
WITH USCOC OF RICHLAND, INC.
BY THIS ADDENDUM dated this _ day of July, 2012, amending that
Communication Site License Agreement dated June 5, 2006 ( "Agreement "), between
the City of Pasco ( "Licensor "), and USCOC of Richland, Inc. ( "Licensee ").
WHEREAS, Licensor has received a request from the Licensee for the
colocation of three (3) additional telecommunication antennas on the Road 68 elevated
storage reservoir which is the Premises of the Agreement; and
WHEREAS, Licensee has submitted a structural analysis report prepared by
B &T Engineering demonstrating the structural integrity of the site to support the
additional requested antennas, a copy of which is attached hereto as Exhibit A, if
constructed in accordance with the construction drawings attached hereto as Exhibit B,
upon which the City, as Licensor, is relying; and
WHEREAS, Licensee and Licensor have reached an agreement in regard to
amending the Agreement to accommodate the additional colocation in accordance with
the following terms and conditions.
NOW, THEREFORE, in consideration of the mutual covenants contained
herein and other good and valuable consideration, the parties agree as follows:
1. Consent for Additional Collocation of Antennas. Licensor does
hereby grant Licensee a nonexclusive license for the additional colocation of three (3)
antennas to the Premises. Such consent is granted in reliance upon the assurances of the
structural analysis which are attached to this Agreement as Exhibit A and conditioned
upon the installation in accordance with the specifications as contained in Exhibit B.
Section I.A of the Agreement shall be amended to read:
First Addendum to Communication
Site License Agreement - 1
"A. Antennas. Quantity of 9; 3 antennas at 3 separate
locations on the perimeter of the storage reservoir pedestal. Tentative
azimuths are 40 °, 120 °, 2600."
2. Additional Consideration.
Section 5. License Fees of the agreement shall be amended to include
the following as the second paragraph in said section:
Upon the effective date of the First Addendum to this agreement and as
additional consideration for the colocation of the additional three (3)
telecommunication antennas:
A. Licensee agrees to pay to Licensor the sum of $6,667, as a one -time
initial license fee, and;
From and after the effective date of the Addendum, the monthly license fee shall
be $1,500 per month for each month or any fractional portion of a month;
payable and adjusted as otherwise provided for in this section.
3. Remaining Terms. All remaining terms and conditions of the
Agreement not inconsistent herewith, shall remain in full force and effect.
4. Effective Date. This Addendum shall take full force and effect on the
day of 2012, and shall continue during the remainder of the
renewal term as provided in Section 4 of the Agreement ending on June 5, 2016.
IN WITNESS WHEREOF, the parties have entered into this Addendum
effective as of the effective date above.
LICENSOR: LICENSEE:
City of Pasco USCOC of Richland, Inc.
By:
Name:
Title:
Date:
Tax ID:
First Addendum to Communication
Site License Agreement - 2
By:
Name:
Title:
Date:
Tax ID:
STATE OF WASHINGTON )
ss.
County of Pasco
On this day personally appeared MATT WATKINS, Mayor of the City of
Pasco, to be known to be the individual described in and who executed the within and
foregoing instrument, and acknowledged that he signed the same as his free and
voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this day of
2012.
Print Name
Notary Public in and for the State of Washington
Residine at
My Commission Expires:
STATE OF
ss.
County of
On this day personally appeared
, of USCOC of Richland, Inc., to be known to be the individual
described in and who executed the within and foregoing instrument, and acknowledged
that he signed the same as his free and voluntary act and deed for the uses and purposes
therein mentioned.
GIVEN under my hand and official seal this day of
2012.
Print Name
Notary Public in and for the State of Washington
Residing at
My Commission Expires:
First Addendum to Communication
Site License Agreement - 3
Recorded at the Request of:
City of Pasco
525 North 3rd
Pasco WA 99301
�RIG-I'N'A'L C4k
F`CE-4vEn
S7r u 2 ::'.J6
PU6L!C V)rl °!':S AD:'ti`,1N.
COMMUNICATION SITE LICENSE AGREEMENT
(Water Tower Location)
THIS COMM.ATION SITE LICENSE AGREEMENT ( "Agreement ") dated
this S-' day of 2006, between CITY OF PASCO, a Washington Municipal
Corporation, hereinafter referred to as "Licensor ", and USCOC of Richland, Inc., a Washington
corporation, an FCC Licensed Wireless Phone Company, hereinafter referred to as "Licensee."
For good and valuable consideration the receipt and sufficiency of which are hereby
acknowledged, the parties hereto agree as follows:
1. Communication Site. Licensor is the owner of real property legally described as
follows:
(insert legal description)
upon which is located a municipal water tower generally located at the site of a new Road 68
Elevated Storage Reservoir ( "Premises ") which, as an auxiliary use, is available to serve as a
platform at the space designated thereon by the City for the nonexclusive location of
telecommunication antennas. Licensor does hereby grant a nonexclusive license, subject to the
terms of this Agreement, for Licensee's location of a telecommunication base station operation
upon such water tower on a space allocated by the City the following installation:
A. Antennas. Quantity of 6; 2 antennas at 3 separate locations on the perimeter of
the storage reservoir pedestal. Tentative azimuths are 40 °, 120 °, 2601.
B. Antenna Elevation. Approximately 100' from grade to the center of the antennas.
C. Antenna Finish. Painted to match exterior color scheme of pedestal.
Communication Site License Agreement - I
D. Antenna Cabling. Extend coaxial cables from the equipment building to each
antenna.
E. Cabling Route. Attach cable tray support for cable runs to the interior wall of the
pedestal. Licensee shall use existing conduits built into the pedestal and tower. Cable may be
run on the exterior of the existing reservoir only.
F. Access Drive. The driveway providing access from the City access way to the
site shall be paved with asphalt.
G. Equipment Building. An exposed aggregate equipment building shall be located
upon ground space of approximately 20'x 30' feet as designated by Licensor.
H. Utilities. UG electrical and telephone service feeds to the equipment building.
1. Fencing. Chain link encompassing the equipment building.
2. Due Diligence Option. V Check if Applicable. (Initial Acceptance)
Upon election as evidenced by the check above and payment of the Option Fee of One
Thousand Dollars ($1,000), Licensee shall have for a period of 365 days, from the date of this
Agreement ( "Due Diligence Period ") within which to inspect the Premises, to secure all
necessary licenses, permits and all other necessary governmental approvals, and to conduct other
Due Diligence activities deemed necessary or appropriate at Licensee's sole discretion for its
intended use of the Premises. Licensee shall only be permitted to enter the Premises for the
limited purpose of making appropriate engineering and location surveys, inspections, and other
reasonably necessary investigations, as well as signal, topographical, structural and
environmental tests that Licensee may deem necessary to determine the feasibility of the
Premises for continued use. In the event, Licensee determines, during the Due Diligence Period,
that the Premises are not appropriate for Licensee's intended use, or if for any reason, Licensee
decides not to commence its occupation of the Premises, the Licensee shall then have the right to
terminate this Agreement without penalty upon written notice to the Licensor at any time prior to
the expiration of the Due Diligence Period. Licensor and Licensee expressly acknowledge and
agree that Licensee's access to the Premises during the Due Diligence Period shall be solely for
the limited purposes of performing the investigations described above, and Licensee shall be
solely responsible for the conduct of its agents and employees thereon to ensure no damage or
interference with other Licensees upon the Premises, and shall defend, indemnify and hold
Licensor harmless from all damages, injuries or causes of action of whatsoever nature resulting
from the Licensees presence upon the Premises.
3. Use, The Premises may be used by Licensee for any lawful activity in connection with
the provisions of wireless communication services, including without limitation, the transmission
Communication Site License Agreement - 2
9
and reception of radio and microwave communication signals and the construction, maintenance
and operation of related communication facilities. Licensee, at its sole expense, shall secure all
necessary licenses, permits and all other necessary governmental approvals for its intended uses
of the Premises. Licensor shall, cooperate with Licensee in providing the necessary information
for the completion of such applications, required licenses, permits and approvals.
4. Term. The term of this Agreement shall be for a period of five (5) years commencing
upon the date ( "Effective Date ") the Licensee gives written notice to the City of its exercise of its
Due Diligence Option as provided in Section 2 above, which shall occur no earlier than fifteen
(15) days from the date of written notice from the City of availability for access to the site by the
Licensee, and no later than the expiration date of the Due Diligence Option period provided in
Section 2 above. This license may be earlier terminated as provided herein, or as otherwise
modified by mutual agreement of the Parties. Licensee shall have the right to extend its license
for an additional five (5) successive five (5) year renewal terms on the same terms and conditions
set forth herein, except for license fee payments as provided in paragraph 5 below which will be
determined by mutual agreement of the parties. This Agreement may be automatically extended
for such successive renewal terms conditioned upon the Licensee's faithful performance of the
terms and conditions of this Agreement unless Licensee notifies, in writing, Licensor of its intent
not to renew its license no less than thirty (30) days prior to the commencement of the
succeeding renewal term.
5. License Fees. Licensee shall pay to Licensor: (a) an one -time initial license fee of
Twenty Thousand Dollars ($20,000); and (b) the license fee of Seven Hundred Fifty Dollars
($750.00) per month for each month or any fractional portion of a month from the effective date
of this license, and Seven Hundred Fifty Dollars ($750.00) per month from the first day of each
month hereafter during the original terminating renewal terms of this license. Rents are payable
to Licensor at 525 North 3rd, Pasco, Washington 99301.
In the event of Licensee's renewal of this Agreement, the monthly license fee for the
initial renewal period and each successive renewal period thereafter, shall be increased by an
amount equal to the cumulative change in the Consumer Price Index experienced during the prior
term. "Consumer Price Index" shall mean the Consumer Price Index for All Urban Consumers,
All Items, U.S. City Average, 1982 -84 = 100 (U.S. Department of Labor, Bureau of Labor
Statistics). If the said Consumer Price Index ceases to be published, then a reasonably
comparable index shall be used.
In the event any payment required under this Agreement is not paid within thirty (30)
days of the date due, this failure shall constitute a default of this Agreement, a late fee in an
amount equal to five percent (5 %) of the delinquent fee, shall be assessed and the balance shall
accrue interest at the rate of 12% per annum until paid in full.
6. Improvements. Licensee shall provide Licensor, in advance of construction, plans
and specifications for Licensee's Improvements and related facilities to be located upon the
Premises for Licensor's prior approval, which approval shall not be unreasonably withheld.
Communication Site License Agreement - 3
Upon such approval, Licensee shall have the right to construct, maintain, install, repair, secure,
replace, remove and operate on the Premises, radio communication facilities, including but not
limited to utility lines, transmission lines, ice bridge(s), electronic equipment, transmitting and
receiving antennas, microwave dishes, antennas, and equipment to be located upon a municipal
water tower; and air conditioned equipment shelters, power generator and generator pad, and
supporting equipment and structures thereon to be located within the equipment building located
upon the ground space referenced above ( "Licensed Facilities "). In no event shall antennas,
dishes, or other reception devices be located upon the equipment building. (Licensee
Facilities "). In connection therewith, Licensee has the right to do all work necessary to prepare,
add, maintain and alter the Premises, so long as it does not impair or interfere the use of the
Premises by other licensees, for Licensee's communications operations and to install utility lines
and transmission lines connecting antennas to transmitters and receivers. All of Licensee's
construction and installation work shall be performed in accordance with the plans and
specifications approved by the Licensor and at Licensee's sole cost and expense in a good and
workmanlike manner conforming with all FCC rules and regulations. Title to the Licensee's
Facilities and any equipment placed on the Premises by Licensee shall be held by Licensee and
shall not be considered fixtures. Licensee has the right to remove the Licensee Facilities on or
before the expiration or the earlier termination of this Agreement, and Licensee shall promptly
repair any damage to the Premises caused by such removal. Upon the expiration or earlier
termination of this Agreement, Licensee shall remove the Licensee Facilities from the Premises
returning those portions of the Premises to a clear, graded and in good condition. Upon loss of
governmental licensing or abandonment of the Licensee's Facilities resulting in Licensee failing
to conduct communication operations at the site for six (6) months or longer, Licensee shall
immediately remove the Licensee Facilities at its sole expense. Licensee shall maintain its
portion of the Premises in a clean, secure and in a condition free of accumulation of weeds and
debris. Licensee shall design and construct its facilities in such a manner as to withstand
seismic, ice and wind loads and grass fire hazards as may be reasonably expected to affect the
Premises.
7. Access and Utilities.
7.1 Licensor shall provide to Licensee, Licensee's employees, agents, contractors,
subcontractors and assigns with access to the Premises, including keys for locking gates and
barriers, twenty -four (24) hours a day, seven (7) days a week, at no charge to Licensee. Licensor
grants Licensee, and Licensee's agents, employees and contractors, a non - exclusive right of entry
for pedestrian and vehicular ingress and egress to the Premises upon easements held by the
Licensor and on the Premises for Licensee's site. Following the completion of construction, the
Licensee shall not be permitted access upon a water tank, or within a water tank, without being
accompanied by a City employee. Licensee shall maintain the security of the Premises by
locking all gates upon completion of their entry.
7.2 Licensor shall maintain all access roadways from the nearest public roadway to
the Premises in a manner sufficient to allow pedestrian and vehicular access at all times under
Communication Site License Agreement - 4
normal weather conditions. Licensor shall be responsible for maintaining and repairing such
roadways, at its sole expense, except for any damage caused by Licensee's use of such roadways.
7.3 Licensee shall pay for the electricity it consumes in its operations as charged by
the local utility provider. Licensee shall have the right to draw electricity and other utilities from
the existing utilities on the Premises or obtain separate utility service from any electric utility
provider that will provide service to the Premises, including a standby power generator for
Licensee's exclusive use. In connection therewith, Licensor hereby grants to the local telephone,
power and utility companies (as appropriate) non - exclusive rights to locate, construct, install,
operate, maintain, repair, alter, extend, and/or remove cables and lines on, over and across a
portion of the Licensor's Premises as necessary or desirable therefore. Licensor agrees to sign
such documents or easements, at no cost to Licensee or the utility companies, as may be required
by said utility companies to provide such service to the Premises. Any easements or rights
necessary for such power or other utilities will be at locations reasonably acceptable to Licensor
and the servicing utility company.
8. Interference. Licensee shall operate Licensee Facilities in compliance with all Federal
Communications Commission ( "FCC ") requirements including those prohibiting interference to
communications facilities of Licensor or other licensees of the Premises, provided that the
installation and operation of any such facilities predate the installation of the Licensee Facilities.
Subsequent to the installation of the Licensee Facilities, Licensor will not, and will not permit its
licensees to, install new equipment on or make any alterations to the Premises, if such
modifications are likely to cause interference with Licensee's operations. In the event
interference occurs, Licensor agrees to use best efforts to eliminate such interference in a
reasonable time period.
9. Taxes. Licensee shall pay any personal property taxes assessed against Licensee
Facilities and Licensor shall pay when due, all real property taxes and other taxes, fees and
assessments attributed to the Premises.
10. Termination.
10.1 This Agreement may be terminated without further liability on thirty (30) days
prior written notice as follows: (i) by either party upon a default of any covenant or term hereof
other than the payment of any required fee, by the other party, which default is not cured within
(60) days of receipt of written notice of default, except that this Agreement shall not be
terminated if the default cannot reasonably be cured within a thirty (30) day period, and the
defaulting party has commenced to cure the default during that period and diligently pursues the
cure to completion.
10.2 This Agreement may also be terminated by Licensee without further liability on
thirty (30) days prior written notice: (i) if Licensee is unable to reasonably obtain or maintain any
certificate, license, permit, authority or approval from any governmental authority, thus,
restricting Licensee from installing, removing, replacing, maintaining or operating the Licensee
Communication Site License Agreement - 5
Facilities or using the Premises in the manner intended by Licensee; (ii) if Licensee determines
that the Premises are not appropriate for its operations for economic, environmental or
technological reasons, including without limitation, signal strength, coverage or interference, or
(iii) or Licensee otherwise determines, within its sole discretion, that it will be unable to use the
Premises for Licensee's intended purpose.
11. Destruction or Condemnation. If the Premises or Licensee Facilities are damaged,
destroyed, condemned or transferred in lieu of condemnation, Licensee may elect to terminate
this Agreement as of the date of the damage, destruction, condemnation or transfer in lieu of
condemnation by giving notice to the Licensor no more than forty-five (45) days following the
date of such damage, destruction, condemnation or transfer in lieu of condemnation.
12. Insurance; Subrogation: and Indemnity.
12.1 Licensee shall provided Commercial General Liability Insurance providing for
bodily injury, death and property damage in a combined single limit of not less than One Million
Dollars and No Cents ($1,000,000.00) per occurrence. Such insurance shall insure, on an
occurrence basis, against all liability of the Licensee, its employees, and agents arising out of or
in connection with the Licensee's use of the Premises. Licensor shall be named as an additional
insured on Licensee's policy of insurance, and Licensee shall provide Licensor a Certificate of
Insurance evidencing coverage required by this paragraph within thirty (30) days of the Effective
Date of this Agreement. Licensor shall be notified by Licensee or its insurer of any cancellation,
termination or the lapse of any policy required herein within thirty (30) days prior to the
termination of the coverage.
12.2 Licensor and Licensee hereby mutually release each other (and their successors or
assigns) from liability and waive all right of recovery against the other for any loss or damage
covered by their respective first -party property insurance policies for all perils insured
thereunder. In the event of such insured loss, neither party's insurance company shall have a
subrogated claim against the other.
12.3 Licensor and Licensee shall each indemnify, defend and hold the other harmless
from and against all claims, losses, liabilities, damages, costs, and expenses (including
reasonable attorneys' and consultants' fees, costs and expenses) (collectively "Losses ") arising
from the indemnifying party's breach of any term or condition of this Agreement or from the
negligence or willful misconduct of the indemnifying party or its agents, employees or
contractors in or about the Premises. The duties described in this Paragraph 12.3 shall apply as
of the Effective Date of this Agreement and survive the termination of this Agreement.
13. Assignment. Licensee may not assign or otherwise transfer all or any part of its interest
in this Agreement or Licensee's Facilities without the prior written consent of the Licensor;
provided, however, that Licensee may assign its interest to a parent company, any subsidiary or
affiliate or to any successor in interest or entity acquiring fifty -one percent (51%) or more of the
stock or assets, subject to any financing entities' interest, if any, in this Agreement as set forth in
Communication Site License Agreement - 6
paragraph 14(b) below, or in connection with the transfer of Licensee's FCC authorization to
operate a commercial mobile radio base station at the site. Licensor may assign this Agreement
upon written notice to Licensee subject to the Assignees assuming all of Licensor's obligations
herein, including but not limited to those set forth in paragraph 14 below. Licensee shall not
sublicense or permit the use by others of any portion or all of Licensee's site to one or more
entities for communication or other uses without the written consent of the Licensor, which
consent shall not be unreasonably withheld. Licensee shall inform, in writing, the Licensor of its
intent to sub - license additional site users. If Licensee fails to inform Licensor, Licensee shall be
responsible for all accruing license fees and common area maintenance fees, including interest
thereon at the rate of one percent (1 %) per annum, together with all costs incurred by Licensor
including attorneys' fees necessitated by the assignment. Licensee shall, however, have full
rights to mortgage, pledge, hypothecate or otherwise assign this License and Licensee's Facilities
to any financing entity or agent on behalf of any financing entity security to Licensee (i) has
obligation for borrowed money or in respect of guarantees thereof, (ii) has obligations evidenced
by bonds, debentures, notes or similar instruments, or (iii) has obligations under or with respect
to letters of credit, banker's acceptances and similar security instruments or guaranties.
14. Waiver of Licensor's Lien. (a) Licensor hereby waives any and all lien rights it may
have, statutory or otherwise, concerning the Licensee's Facilities or any portion thereof, and for
the purposes of this Agreement are conclusively construed as Licensee's personal property and
not fixtures. (b) Licensor acknowledges that Licensee may have entered into or may enter into
financing arrangements, including Promissory Notes, Security Agreements and Financing
Statements for the financing of the Licensee's Facilities with a third party financing entity. In
connection therewith, Licensor (i) consents to the installation of Licensee's Facilities subject to
security interests; (ii) disclaims any interest in Licensee's Facilities, its fixtures or otherwise; (iii)
agrees that the Licensee, or any entity holding a security interest therein, may remove Licensee's
Facilities at any time without recourse to legal proceeding. Licensee, nor any financing entity
granting a security interest in Licensee's Facilities shall have any right to claim any interest in
real property by lien or by permissive possession other than as provided in this Agreement.
15. Title and Ouiet Eniovment Licensor represents and warrants that (i) it has full right,
power, and authority to execute this Agreement, (ii) Licensee may peacefully and quietly enjoy
the Premises and such access thereto, provided that Licensee is not in default hereunder after
notice and expiration of all cure periods, (iii) it has obtained all necessary approvals and
consents, and has taken all necessary action to enable Licensor to enter into this Agreement and
allow the Licensee to install and operate the Facility on the Premises, including without
limitation, approvals and consents as may be necessary from other tenants, licensees and
occupants of Licensor's Premises, and (iv) the Premises and access rights are free and clear of all
liens, encumbrances and restrictions except those of record as of the Effective Date.
16. Environmental. As of the Effective Date of this Agreement: (1) Licensee hereby
represents and warrants that it shall not use, generate, handle, store or dispose any Hazardous
Materials in, on, under, upon or affecting the Premises in violation of any applicable law or
regulation, and (2) Licensor hereby represents and warrants that (i) it has no knowledge of the
Communication Site License Agreement - 7
presence of any Hazardous Materials located in, on, under, upon or affecting the Premises in
violation of any applicable law or regulation; (ii) no notice has been received by or on behalf of
Licensee from governmental entity or any person or entity claiming any violation of any
applicable environmental law or regulation in, on, under, upon or affecting the Premises; (iii) it
will not permit itself or any third party to use, generate, handle, store or dispose of any
Hazardous Materials, in, on, under upon, or affecting the Premises in violation of any applicable
law or regulation. Without limiting Paragraph 12.3, Licensor and Licensee shall each indemnify,
defend and hold the other harmless from and against all losses (specifically including, without
limitation, attorneys', engineers', consultants' and experts' fees, costs and expenses) arising from
(i) any breach of any representation or warranty made in this paragraph by such party; and/or (ii)
environmental conditions or noncompliance with any applicable law or regulation that result, in
the case of Licensee, from operations in or about the Premises by Licensee or Licensee's agents,
employees or contractors, and in the case of Licensor, from the ownership or control of, or
operations in or about, the Premises by Licensor or Licensor's predecessors in interest, and their
respective agents, employees, contractors, tenants, guests or other parties. The provisions of this
paragraph shall apply as of the Effective Date of this Agreement and survive termination of this
Agreement. "Hazardous Materials" means any solid, gaseous or liquid wastes (including
hazardous wastes), regulated substances, pollutants or contaminants or terms of similar import,
as such terms are defined in any applicable environmental law or regulation, and shall include,
without limitation, any petroleum or petroleum products or by- products, flammable explosive,
radioactive materials, asbestos in any form, polychlorinated biphenyls and other substance or
material which constitutes a threat to health, safety, Premises or the environment or which has
been or is in the future determined by any governmental entity to be prohibited, limited or
regulated by any applicable environmental law or regulation.
17. Notices. All notices, requests, demand and other communication hereunder shall be in
writing and shall be deemed given if personally delivered or mailed, certified mail, return receipt
requested, or sent by for next - business -day delivery by nationally recognized overnight carrier to
the following addresses:
If to Licensor:
City of Pasco
Attn: Robert Alberts
525 North 3rd
Pasco WA 99301
Telephone: (509) 545 -3444
Fax: (509) 543 -5757
With a copy to:
Leland B. Kerr
Paine, Hamblen, Coffin, Brooke & Miller, LLP
7025 West Grandridge Blvd., Suite A
Communication Site License Agreement - 8
Kennewick WA 99336
Telephone: (509) 735 -1542
Fax: (509) 735 -0506
If to Licensor:
US Cellular
Attn: Real Estate
8410 West Bryn Mawr Avenue, Suite 700
Chicago, IL 60631
Telephone: (773) 864 -3150
Fax: (773) 399 -4206
With a copy to:
Licensor or Licensee may from time to time designate any other address for this purpose
by written notice to the other party. All notices hereunder shall be deemed received upon actual
receipt or refusal to accept delivery.
18. Markine and Liehtine. Licensee shall be responsible for compliance with all
marking and lighting requirements of the Federal Aviation Administration ( "FAA ") and the
FCC. Should Licensee be cited because its Facility is not in compliance and should Licensee fail
to cure the condition of noncompliance, Licensor may either terminate this Agreement or
proceed to cure the conditions of noncompliance at Licensee's expense, which amounts shall be
assessed against Licensee together with interest at the rate of one percent (1 %) per annum.
19. Miscellaneous.
19.1 For the purposes of this Agreement, time shall be of the essence.
19.2 In the event of a dispute concerning the breach, interpretation, or enforcement of
this Agreement, the party deeming themselves aggrieved, shall immediately notify the other for
the purposes of meeting in a good faith attempt to resolve the dispute. In the event the parties are
unable to promptly resolve the dispute, the disputes shall be construed under the laws of the State
of Washington, and the substantially prevailing party shall be awarded its attorney's fees and
costs.
19.3 If any provision of this Agreement is invalid or unenforceable with respect to any
party, the remainder of this Agreement or the application of such provision to the persons other
than those as to whom it is held invalid or unenforceable, shall not be affected and each
provision of this Agreement shall be valid and enforceable to the fullest extent permitted by law.
Communication Site License Agreement - 9
19.4 This Agreement shall be binding on and inure to the benefit of the successors and
permitted assignees of the respective parties.
19.5 This Agreement constitutes the entire Agreement between the parties, and
supersedes all understandings, offers, negotiations and other leases concerning the subject matter
contained herein. There are no representations or understandings of any kind not set forth
herein. Any amendments, modifications or waivers of any of the terms and conditions of this
Agreement must be in writing and executed by both parties.
IN WITNESS WHEREOF, the parties have entered into this Agreement effective as of
the date first written above.
LICENSOR:
CITY OF PASCO
By: CJ
Name:
Title: 1'
Date: `��i7/04
Tax I.D.:
Communication Site License Agreement - 10
LICENSEE:
USCOC of Richland, Inc.
By: /G w e
Name: A2v
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Title: dice l r�idu /
Date: L f2 �06
Tax I.D.: A- 440ggq�'
STATE OF WASHINGTON
ss.
County of Pasco
On this day personally appeared JOYCE OLSON, Mayor of the City of Pasco, to
be known to be the individual described in and who executed the within and foregoing
instrument, and acknowledged that she signed the same as her free and voluntary act and
deed for the uses and purposes therein mentioned.
under my hand and official seal this 17-f"-day of kirar, 2006.
NOTARY 9m S �l%CJi�l
p -- H Print Name _ S L h u I n r7L� +/
�N LIC = Notary Public in d for the State of Washington /
Al 753, 0 Residing at a SC a
�WASH�� My Commission Expires:
STATEOF 1LLl00L<,
County of
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On this day personally appeared K-1/1A L kkLL J6 Aoton of USCOC of
Richland, Inc., to be known to be the individual described in and who executed the within
and foregoing instrument, and acknowledged that he signed the same as his free and
voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this 5 day of 2006.
"OFFICIAL SEAL" e
DONALD L DICKS Notary Public 'm and for the State of Wa�i;Ag�
NOTARY PUBLIC, STATE OF ILLINOIS Residing at CVOIL QAd�f
MY COMMISSION EXPIRES 8/23/2007 My Commission Expires: & /Zi
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TO: City
FROM: Gary
SUBJECT: Appointments
I. REFERENCE(S):
AGENDA REPORT
Regional Hotel /Motel Commission
July 18, 2012
Workshop Mtg.: 7/23/12
Regular Mtg.: 8/6/12
1. Letter from Tri- Cities Hotel and Lodging Association dated July 12, 2012
2. Section 5, Interlocal Agreement for Tri -City Regional Tourism Promotion Area
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
7/23: Discussion
8/6: MOTION: I move to reappoint Vijay Patel (Holiday Inn Express) to a two -year
term on the Tri- Cities Regional Hotel/Motel Commission; term to
expire 8/31/14.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
A) Pasco, along with the cities of Kennewick and Richland, entered into an interlocal
agreement in June 2004 to create a regional "Tourism Promotion Area" (TPA). The
TPA is an organization formed as authorized by state law to levy special assessments
for the use of lodging facilities within the respective area. In the case of the Tri-
Cities, all hotels /motels within the boundaries of the three cities are required to
collect from users of their facilities the fee of $1.50 for each room night used. That
fee is remitted by each of the hotels /motels to the state; the state, in turn, distributes
the funding back to the respective cities within which it was collected (much like the
long - standing 2 % hotel /motel tax) and the cities distribute it to the TPA for
expenditure in accordance with the business plan and budget established by the
Regional Hotel/Motel Commission.
B) The Regional Hotel /Motel Commission is established under Section 5 of the
Interlocal Agreement. The Commission consists of six voting members; two
appointed by each of the three cities from nominees offered by the Tri -City Hotel
Lodging Association. Any vacancy is to be filled by the respective city from a list of
nominees offered by the Association.
C) The Tri- Cities Hotel Lodging Association recommends, as evidenced by the July 12
letter, that Vijay Patel (manager of the Holiday Inn Express) be reappointed.
V. DISCUSSION:
A) Mayor Watkins recommends that City Council appoint Mr. Patel as recommended
by the Tri- Cities Hotel Lodging Association, without interview.
4(d)
Tri- Cities
NOW & todimg Ammon
P.O. BOX 1739
Richland, WA 99352
July 12, 2012
Mr. Gary Crutchfield
Third Floor
525 N. Third Ave
Pasco, WA 99301
Dear Mr. Crutchfield:
Pasco City Hall
RECEIVED
JUL 18 2012
City Manager's Office
This letter is in reference to the Pasco TPA Commissioner position, currently held
by Vijay Patel from the Holiday Inn Express. Mr. Patel's term expires August 31,
2012 and he is eligible for re- election.
The Tri- Cities Hotel & Lodging Association has nominated Vijay Patel to continue
to serve and additional two year term as a TPA Commissioner to represent the
City of Pasco. General Manager Amy Reed from the Holiday Inn Pasco was
nominated as the alternate candidate.
If you have any questions regarding this issue, please do not hesitate to contact
me at 509 - 942 -9400.
Tri -C
ssociation
Cc Kris Watkins —President CEO Tri- Cities Visitors & Convention Bureau
Tourism Promotion Area
5. Creation of Tri -City Regional Hotel -Motel Commission.
A. It is understood and agreed that it is hereby created, pursuant to RCW 35.101.130
(1), the Tri -City Regional Hotel and Motel Commission ( "Commission ") to advise the Cities on
the expenditure of Special Lodging Assessment revenues to fund tourism promotion within the
Tri -City region.
B. The Commission shall consist of six (6) voting Members and three (3) ex officio
Members. Two voting members shall be selected by the Kennewick City Council from a list of
nominees prepared by the Tri -City Hotel and Lodging Association from Operators of Lodging
Businesses within the city limits of the City of Kennewick. Two (2) voting members shall be
selected by the Pasco City Council from a list of nominees prepared by the Tri -City Hotel and
Lodging Association from Operators of Lodging Businesses within the city limits of the City of
Pasco. Two voting members shall be selected by the Richland City Council from a list of
nominees prepared by the Tri -City Hotel and Lodging Association from Operators of Lodging
Businesses within the city limits of the City of Richland. In no event shall fifty percent (50 %) or
more of the voting membership of the Commission be selected from the same Lodging
Ownership or Management Company within the Tri -City Regional Area. The City Manager or
his or her Designee from each of the three Cities shall serve as an ex officio member. All
Commission members, voting and ex officio may participate in all discussions regarding
proposed activities and programs by the Tri -City Regional Tourism Promotion Area for
promotion and marketing of tourism. Ex officio members shall not have voting rights, except in
the event of a tie vote among the voting members at which time, each ex officio member may
cast a vote to break the tie. Any vacancy on the Tri -City Regional Hotel and Motel Commission
shall be filled by the appointing City, from a list of nominees prepared by the Tri -City Hotel and
Lodging Association for voting memberships within thirty (30) days from the date the vacancy
occurs.
C. It is understood and agreed that the initial voting members of the Commission
shall serve staggered terms, with one member serving a one -year term and the second member
serving a two -year term. The length of the term for each individual voting member of the initial
Commission shall be chosen by lot at the first meeting of the Commission. Thereafter, all voting
members subsequently appointed to the Commission shall serve a term of two years. No voting
member shall serve more than two consecutive terms as a Member of the Commission unless
such subsequent term is separated by at least twelve (12) months from the last date of service as
a Member of the Commission. A Member may be removed from the Commission by three -
fourths (3/4) affirmative vote of the Commission for actions deemed to be adverse to the interest
of the Commission. Such actions may include unexcused absences from three meetings of the
Commission within a twelve (12) month period; failure to perform assigned duties and
responsibilities; and conduct detrimental to the best interests of the Commission. Succeeding
and replacement voting members shall be selected by each City as provided above for the
selection of the initial voting members of the Commission.
AGENDA REPORT
FOR: City
TO: Gary Crutch Manager
FROM: Rick White,
Community & Economic Development Director
SUBJECT: Utility payments with development
I. REFERENCE(S):
Proposed revisions to Chapter 16.06 Pasco Municipal Code
Chart of proposed fee applicability
July 18, 2012
Workshop Mtg.: 7/23/12
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
7/23: DISCUSSION
III. FISCAL IMPACT:
Revenues to the water /sewer utilities
IV. HISTORY AND FACTS BRIEF:
A. Water and sewer frontage fees and area charges are required to recoup investment in the
utility lines serving the benefitting property. Fees and charges are required when
development of property occurs and when physical connection to the utility system is
made or in some cases, is available.
B. Failure to collect from each property its proportionate share (determined by applying the
front footage and area charges) of the utility infrastructure causes that cost to be borne by
the ratepayers or, in some cases, a nearby property owner who may have installed the
lines at his expense with expectations that all other property owners would reimburse his
expense as their property "develops" (put to beneficial use).
C. Chapter 16.06.010 of the Pasco Municipal Code requires that City water and sewer are
available when property is developed with a structure or used for a commercial or
industrial use and as a prerequisite to issuance of a building permit.
D. The language in PMC 16.06.010 requires that availability of water and sewer is a
prerequisite to obtaining a building permit. However, development and improvement of
property can occur without obtaining a building permit, or obtaining a building permit for
a structure (such as a fence) that does not require connection to the utility system. An
example of this would be the grading and gravelling of an area to be used as a laydown
yard or parking area that may or may not include construction of a fence. The property is
improved and used for commercial or industrial purposes, but the property's "fair share"
payment for the utility infrastructure remains unpaid unless the improvement or permit is
conditioned to include the payment of applicable frontage and area charges.
E. Development and improvement of property can also occur in such a manner that uses
property line revisions to avoid payment of applicable utility fees. An example of this is
the creation of outside storage or parking areas for use by an adjacent structure. Large
undeveloped lots may be segregated with the permitted structure assigned to a small
portion of the parent lot, and the second lot devoted to storage or parking. Frontage fees
and charges would be collected for the smaller lot containing the permitted structure, but
the developer may contend that the second and larger lot used for storage or parking is
not connecting to utilities and therefore no payment of frontage fees or area charges is
required.
F. In both of the above examples, the use for storage or parking may never change, which
means frontage fees and area charges will never be collected for the utility improvements
available to the property.
G. The administrative history of this issue has been to require the payment of frontage fees
and area charges when use of the property occurs or through either a building, grading or
right of way permit - even if the "use" does not involve construction of a building or
connection to utilities.
4(e)
V. DISCUSSION:
A. Staff has prepared an option for Council consideration that revises Title 16 of the PMC to
require the payment of applicable fees for "development." Development has been defined
to include open "uses" of property for commercial and industrial purposes, and certain
exemptions have been created for the open use of property that does not require utilities
and is not functionally related or accessory to a non- exempt use (such as fencing a vacant
parcel to keep unwanted dumping from occurring).
B. The proposed revisions also recognize that in certain cases, an open use of property may
not need a connection to utilities but will incur water frontage and area charges for
payment of an available fire suppression/protection system (such as a storage yard for a
contractor or trucking operation).
C. Open uses of property functionally related or accessory to a non - exempt use (such as a
parking lot for a commercial activity or a storage yard for an industrial operation) have
been included as a development requiring the payment of applicable fees.
D. Payment of frontage fees and area charges as described in the proposed revisions to PMC
16.06 is necessary to maintain the financial integrity of the rate structure for the utility
systems. If additional activities or uses of property are exempt from paying the applicable
charges, those costs will be borne by ratepayers. It should be noted that connection fees
and meter costs would not be incurred until actual physical connection to the utility
system takes place.
E. Staff recommends Council discussion of this policy issue to require the payment of
frontage fees and area charges when use of property occurs as well as when development
permits are required — in particular for open uses of property functionally related or
accessory to a use requiring connection to City utilities and for open uses of property
requiring fire suppression/protection.
CHAPTER 16.06 UTILITY SERVICE REQUIREMENTS FOR DEVELOPMENT
BUILDING PERMITS
Sections
16.06.010 AVAILABILITY QP WATER AND SEWER SERVICE REQUIRED ...................9
16.06.020 EXEMPTIONS .._ ............ . .__.......................__.._ . ..... 9
16.06.040 WAIVER - AUTHORIZED .................................................... ..............................9
16.06.050 WAIVER- CRITERIA ........................... ............................... ............................910
16.06.010 AVAILABILITY ^r WATER AND SEWER SERVICE REQUIRED.
(1) The awe€ City water and /or sewer service to the lot(s), parcel(s) or
tract(s) of land sought to be developed
loaf} habitation, n •na ctr,^1 e, rern^.eroia' use, shall be a prerequisite to the
issuance of a building development permit. No building development permit shall be
issued without compliance with this section except as stated in this chapter.
(2) "Ava"ability e# City water and sewer service" means the ability to physically
connect phySiGal GenneG to transmission lines of such service, after paying for all
applicable nonnention fees. This may includeinslHdiRg the installation of a water
meter, the use of water for fire protection, the use of water or sewer for non-
structural improvements or use of existing water or sewer service at a future date.
(3) "Accessory" and "Functionally Related" means a use that is subordinate,
supplementary or dependent on a non - exempt use or activity.
(4) "Developed" and "Development' means any manmade change to improved
or unimproved lot(s), parcel(s) or tract(s) including but not limited to filling, grading,
paving, excavating, installation of curb, gutter or sidewalk, installation of driveways,
construction or placement of a building or other structure and uses of a commercial
or industrial nature not requiring a structure.
(5) "Development Permit' means but is not limited to a grading, building, right
of way or encroachment permit or a license or permit for land use.^^a d have
of n ^h s ui+h'n stFee+ GF other easement of the Gity of D^
adjoining the !Gt(s), paFGel(6) OF tFaet(s) of land te be . (Ord. 2412 Sec. 1,
1982; Ord. 2303 Sec. 1, 1981.)
16.06.020 EXEMPTIONS EVCGNS. (Repealed Ord. 3786, 2006; Ord.
2303 Sec. 2, 1981.)
The following types of development may be exempt from the requirements of
16.06.010:
(1) Filling or grading provided no use of City utilities occurs and the property is
not functionally related or accessory to a non - exempt development;
(2) Surfacing or paving provided no use of City utilities occurs and the
property is not functionally related or accessory to a non - exempt development;
(3) Installation or construction of fencing;
(4) Temporary uses of property provided no use of City utilities occurs and fire
protection is not required; or
(5) Other similar types of development not requiring connection to City utilities
or use of City water for fire protection.
16.06.030 LOT LINE REVISIONS PROHIBITED. Lot line revisions through
platting, binding site plans or tax parcel segregations shall not be used as a means
to avoid the requirements of 16.06.010 unless such revision is for the purpose of
functionally separating or delineating property from non - exempt development.
16.06.040 WAIVER - AUTHORIZED. The prerequisite requirements for a
Building development permit stated in Section 16.06.010 may be waived by approval
of the City Council by majority vote at any regular meeting, upon such forms as they
shall deem necessary to enable them to make specific findings of fact as to why a
waiver should be granted. All such waivers must be applied for in writing on a form
or forms to be supplied by the City of Pasco and all denials of such waiver shall also
be in writing and state specific findings upon which the denial is based. The grant of
a waiver may be reasonably conditioned and any such conditions shall be in writing,
signed by the owner of the land, recorded and run with the land. Such conditions
may include but shall not be limited to the following:
(1) A specific period of exception;
(2) Required participation in future public sewer and /or water service
extension by L.I.D. or other means;
(3) The signing by the owner of the property of a hold harmless and /or
indemnity agreement in favor of the City of Pasco. (Ord. 2303 Sec. 3, 1981.)
16.06.050 WAIVER- CRITERIA. Any determination to grant, deny, or grant
with conditions an application for a waiver described in Section 16.06.040 shall be
based upon the following criteria:
A) Special circumstances applicable to the property in question or to the
intended use that do not generally apply to other properties or classes of use in the
same vicinity or zoning classification;
B) A waiver is necessary for the preservation and enjoyment of a
substantial property right or use possessed by other property in the same vicinity
and in zoning classification, which because of special circumstances is denied to the
property in question;
C) The granting of the waiver will not be detrimental to the public welfare
or injurious to any person, property or improvements thereon in such vicinity and
zoning classification in which the subject property is located;
D) The granting of a waiver will not conflict with the general intent of this
Chapter;
E) Except as provided below, no waiver shall be granted for any property
lying within the boundaries of the Pasco Landfill ground water protection area (the
Protection Area) as delineated on the official map designating said area on file at the
City of Pasco Public Works Department. If the City of Pasco receives a waiver
request, it shall notify the Department of Ecology of such request, and shall provide
the Department of Ecology all relevant information regarding such request.
F) If the residual hazardous substances in the groundwater remaining
within the entirety of the Protection Area are subsequently reduced in concentration
such that the method A or method B cleanup levels, as applicable, established
under WAC 173 - 340 -700 through 173 - 340 -760 are met, then Section 5 hereof shall
be of no further force and effect, if the Department of Ecology, after public notice
and opportunity for comment, concurs. (Ord. 3469 Sec. 1, 2001; Ord. 2303 Sec. 4,
1981.)
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AGENDA REPORT
1
FOR: City Counc JULY 17, 2012
TO: Gary Crutchfi d, Manager Workshop Mtg.: 7/23/12
Regular Mtg.: 8/6/12
FROM: Rick Terway, Director, Administrative & Community Services
SUBJECT: Dangerous Animal Appeal
I. REFERENCE(S):
Proposed Ordinance.
H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
7/23: Discussion
8/6: MOTION: I move to adopt Ordinance No. amending PMC 2.19.080
"Powers ", repealing Section 3.07.020(E) "Misc. Fees" and
amending Section 8.02.320 "Potentially Dangerous and Dangerous
Animals ", providing for an Administrative Appeal before the
Administrative & Community Services Director, or Designee, and
further, authorize publication by summary only.
III. FISCAL IMPACT:
NONE.
IV. HISTORY AND FACTS BRIEF:
A) The City has historically used a paid Hearing Examiner for initial review of the
declaration of "Potentially Dangerous and Dangerous Animals" by the Poundmaster
(animal control) if there is a dispute about the declaration. The ordinance currently
requires the appellant to pay a $50 fee to have the case heard and a $150 fee if
declaration is upheld (fees were used to pay Hearing Examiner). Recent court
decision (Downey V. Pierce County WA, November 29, 2011) determined that it is
inappropriate to charge any fees for the administrative appeals. State law allows the
City to designate a staff member to make the administrative determination whether or
not there is sufficient evidence to uphold or overturn the Poundmaster's declaration.
V. DISCUSSION:
A) Changes to the proposed Ordinance reflect the removal of fees listed in PMC
3.07.020(E) for the initial review of the determination by the poundmaster of
"Potentially Dangerous and Dangerous Animals ". It also removes the Hearing
Examiner as the review authority (PMC 2.19.080) and places that authority with the
Director of Administrative and Community Services or designee (PMC8.02.320). It
will be more cost effective to keep this process in- house, as the ability to charge has
been taken away by the court.
B) This is basically a house keeping change to bring our code in compliance with the
courts determination. Staff recommends adoption of proposed ordinance.
4(f)
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington,
Amending PMC 2.19.080 "Powers ", Repealing Section
3.07.020(E) "Misc. Fees" and Amending Section 8.02.320
"Potentially Dangerous and Dangerous Animals ", Providing
for an Administrative Appeal Before the Administrative &
Community Services Director, or Designee.
WHEREAS, State law (RCW 16.08.080(4)) authorizes the City to provide an
administrative appeal of a determination by the poundmaster that due to its conduct, a dog is a
dangerous animal posing a risk of harm; and
WHEREAS, the City has previously used an independent Hearing Examiner to conduct
that administrative appeal, however, a more efficient and prompt method of providing for this
administrative appeal would be before the Administrative & Community Services Director, or
his designee, NOW, THEREFORE;
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 2.19.080 entitled "Powers" of the Pasco Municipal Code,
shall be and hereby is amended and shall read as follows:
2.19.080 POWERS. The examiner shall receive and examine available
information, conduct public hearings and prepare a record thereof, and enter decisions as
provided for herein. The examiner, subject to the appropriate conditions and safeguards as
provided by the Pasco Municipal Code, shall hear and decide:
A) Land use decisions including variances, review of administrative actions, waiver
of violations, extension of use on border of district, and administrative exceptions as provided in
PMC 25.84.020.
B) Administrative Decisions. Appeals of administrative decisions or determinations
may be heard by the examiner as directed by the City Manager, City Council or by Ordinance.
C) SEPA Appeals. Appeals of administrative decisions and determinations made
pursuant to Chapter 43.21 C RCW may be heard by the examiner.
D) Vehicle Impounds. The examiner shall conduct vehicle impound hearings as
provided in PMC Chapter 10.18.
E) Criminal Seizure and Forfeiture Hearings. The examiner may, as designee of the
Chief Law Enforcement Officer of the City of Pasco, conduct seizure and forfeiture hearings as
provided in RCW 10.105.010.
Ordinance Amending Section
2.19.080 and Section 8.02.320 - 1
6)a Other Powers. In the performance of duties prescribed by this Chapter or other
ordinances, examiners may:
1) Administer oaths and affirmations, examine witnesses, rule upon offers of
proof, receive relevant evidence, and conduct discovery procedures which may include
propounding interrogatories and taking oral depositions pursuant to Washington State
Court Rules; PROVIDED, that no person shall be compelled to divulge information
which he could not be compelled to divulge in a court of law.
2) Upon the request of any party, or upon his own volition, issue, and cause
to be served subpoenas to the attendance of witnesses and for production of examination
of any books, records, or other information in the possession or under the control of any
witness; PROVIDED, that such subpoenas shall state the name and address of the witness
sought, and if for production of books, documents or things, shall specifically identify the
same and the relevance thereof to the issued involved.
3) Regulate the course of the hearing in accordance with this and other
applicable ordinances.
4) Hold conferences for the settlement or simplification of the issues by
consent of the parties.
5) Dispose of procedural requests or similar matters.
6) Take any other action authorized by ordinance. In case of failure or
refusal without lawful excuse of any person duly subpoenaed to attend pursuant to said
subpoena, or to be sworn, or to answer any material and proper question, or to produce
upon reasonable notice any material of proper books or records or other information in
his possession and under his control, the examiner may invoke the aid of the City
Attorney who shall apply to the appropriate court for an order or other court action
necessary to secure enforcement of the subpoena.
7) The examiner is hereby empowered to act in lieu of the Board of
Adjustment, and such officials, boards or commissioners as may be assigned. Wherever
existing ordinances, codes or policies authorize or direct the Board of Adjustment, or
other officials, boards or commissions to undertake certain activities which the examiner
has been assigned, such ordinances, codes or policies shall be construed to refer to the
examiner.
Ordinance Amending Section
2.19.080 and Section 8.02.320 - 2
Section 2. That Section 3.07.020 E) entitled "Misc. Fees" of the Pasco Municipal
Code, shall be and hereby is repealed in its entirety, which, pursuant to RCW 35A.13.190; such
said subsection is set forth below.
E) Mise. Fees
1) Appeal Filing Fee $ ...
Filing 2) Appeal Fee Hearing W0.00
• . 11: • . 11 • . 3610, 11
Section 3. That Section 8.02.320 entitled "Potentially Dangerous and Dangerous
Animals" of the Pasco Municipal Code, shall be and hereby is amended and shall read as follow:
8.02.320 POTENTIALLY DANGEROUS AND DANGEROUS ANIMALS.
(1) Declaration: The poundmaster has the authority to declare an animal potentially
dangerous or dangerous and require such animal to have a permit in accordance with this section.
The poundmaster may declare an animal potentially dangerous or dangerous if he has probable
cause to believe that the animal falls within the definitions set forth in section 8.02.010. If the
owner of such animal can be readily determined, the poundmaster shall notify the owner
personally or by certified mail of the declaration. If, however, the owner of such animal cannot
be readily determined, notification shall be waived.
(2) Impoundment: No person shall have, keep or maintain a potentially dangerous or
dangerous animal without first obtaining a permit from the poundmaster. Any animal meeting
this definition and found at -large without a permit will be impounded immediately at the expense
of the owner. If the owner of such animal can be readily determined, the poundmaster shall
notify the owner personally or by certified or regular mail of the impoundment. If, however, the
owner of such animal cannot be readily determined, notification shall be by posting at the
Animal Control Agency as provided in Section 8.02.100.
(3) Appeal: Any owner of an animal subject to this section, may appeal the
determination of the poundmaster to the Hearing Examiner Administrative & Community
Services Director, or his designee for determination provided the appeal is made in writing
ineluding payment of an appeal filing fee payable to the City (as written ift-geefien-3-.07) and
filed with the City Clerk within ten (10) days of the poundmaster's determination. The hearing
shall be scheduled within seven (7) days of the date of service of such notice and the decision of
the poundmaster shall be stayed and any impoundment shall continue, at the cost of the owner,
pending the appeal.
(a) If the Hearing Examine F Administrative & Community Services Director,
or his designee,finds insufficient evidence to support the Declaration, the Declaration
shall be rescinded and the restrictions imposed thereby annulled and the appeal filing-fee
fefunded. All impound fees are the responsibility of the owner of the animal, no animal
impound expense and fee(s) shall be assessed against the City of Pasco or the animal
control authority or officer.
Ordinance Amending Section
2.19.080 and Section 8.02.320 - 3
(b) If the Hearing Eg er Administrative & Community Services Director,
or his desienee, finds sufficient evidence to support the declaration, he /she shall may
impose heating eosts eft the appellant (as written in Chapter 3.07); restitution if
applicable, and may impose reasonable additional restrictions on the animal.
(c) Decisions of the Hearing EiiaminefAdministrative & Community Services
Director, or his designee, shall be final and conclusive unless a timely appeal is filed with
the Superior Court of Franklin County by an aggrieved party within twenty -one (2 1)
calendar days from the date of issuance of the decision and any impoundment shall
continue, at the cost of the owner, pending the appeal.
(4) Redemption or Destruction of Animal: An animal impounded under this section
shall be returned to its owner if he complies with section 8.02.320(5) and 8.02.080 within 72
hours of after notification of impoundment. If, however, the owner of the impounded animal
under this section does not comply with section 8.02.320(5) and 8.02.080 within 72 hours after
notification of impounding, such animal shall be destroyed in an expeditious and humane
manner. For purposes of determining whether the 72 hours have expired, the following methods
shall be used:
(a) If the owner is personally served by the poundmaster, time begins when
the owner was personally served;
(b) If the owner is mailed notice by certified and regular mail, time begins
when the notice was mailed; and,
(c) If the owner of such animal could not be readily determined by the
poundmaster, notice shall be by posting as provided by section 8.02.100 and the time
begins at posting as provided by section 8.02. 100 EXCEPTION: Upon execution of
Declaration of Removal by the owner, or authorized representative of the owner of the
animal and payment of applicable fees including impound fees, the animal may be
released by the poundmaster into the custody of the owner, or authorized representative
of the owner for the immediate and permanent removal of the animal from Pasco.
(5) Permit Required: No person shall have, keep or maintain any potentially
dangerous or dangerous animal without first obtaining an annual permit from the poundmaster.
The fee for such a permit shall be in addition to the regular annual license fee. A permit will only
be granted if the applicant has provided and maintains:
(a) A proper enclosure to properly and safely confine the animal as
determined by the poundmaster;
(b) A conspicuously posted sign on the premises which clearly warns the
public and children that there is a potentially dangerous or dangerous animal on the
property;
Ordinance Amending Section
2.19.080 and Section 8.02.320 - 4
(c) $250,000 surety bond issued by a surety insurer qualified under RCW
48.28 in a form acceptable to the poundmaster payable to any person injured by the
potentially dangerous or dangerous animal; or liability insurance, such as homeowners
insurance, issued by an insurer qualified under Title 48 RCW in the amount of not less
than $250,000 with maximum deductible coverage not to exceed $2,500 in a form
requiring notice to the City of cancellation or nonrenewal of such policy not less than 30
days prior to its date of cancellation or expiration, insuring the owner for any personal
injuries or property damage inflicted by the animal; and
(d) Proof that all surrounding property owners and occupants have been
notified and given an opportunity to comment on the confinement plans. (Ord 3756 Sec.
2, 2006).
(6) Exemption to Permit Requirement: An animal that is classified as "potentially
dangerous" under the provisions of subsection 8.02.010 (17)(d) may be exempted from the
permit requirements of the above subsection (5), provided such animal has passed the Canine
Good Citizen (CGC) test of the American Kennel Club (AKC), as administered by the
poundmaster or the Animal Control Authority, and received the appropriate certificate from
AKC. Such animal shall be retested and passed at least once every two years in order to maintain
this exemption.
(7) Control and Confinement: Dangerous and potentially dangerous animal must be
muzzled and securely leashed, restrained and under the control of a person physically able to
control the animal when away from the property of the owner or keeper; or, while on the
property of the owner, must be securely confined within a "proper enclosure" as defined
inspection 8.02.010 made of materials strong enough to adequately and humanely confine the
dog in a manner which prevents it from escaping the property and to prevent the entry of young
children and kept in conformance with requirements in section 8.02.320(5).
(8) Violations and Regulation: Any person violating the provisions of this section
shall be guilty of a gross misdemeanor. No person who, being the owner of any potentially
dangerous or dangerous animal, shall keep; harbor or maintain the same on or off his premises in
a manner endangering or likely to endanger the safety of persons, property or other animals nor
shall he allow the same to run at large within the City. It shall be a defense to any charge under
this section involving an alleged potentially dangerous or dangerous animal that the person
endangered was committing, was about to commit or had just committed a trespass or crime and
that the animal is reaction was a natural result thereof. The Animal Control Agency may petition
the Pasco Code Enforcement Board to determine whether an animal should be destroyed. (Ord.
3870, 2008; Ord. 3714 Sec. 2, 2005; Ord. 3439 Sec. 1, 2000; Ord. 3385 Sec. 1, 1999; Ord. 3326
Sec. 1, 1998.)
Section 4. This Ordinance shall take full force and effect five (5) days after its
approval, passage and publication as required by law.
Ordinance Amending Section
2.19.080 and Section 8.02.320 - 5
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this _ day of 2012.
Matt Watkins, Mayor
ATTEST:
Debbie Clark, City Clerk
Ordinance Amending Section
2,19.080 and Section 8.02.320 - 6
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
AGENDA REPORT
FOR: City Council JULY 19, 2012
TO: Gary Crutchfie Manager Workshop Mtg.: 7/23/12
Regular Mtg.: 8/6/12
FROM: Rick Ter-way, rector, Administrative & Community Services
SUBJECT: Maximum Amount for Civil Infractions
I. REFERENCE(S):
1. Proposed Ordinance.
H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
7/23: Discussion
8/6: MOTION: I move to adopt Ordinance No. , an Ordinance amending
Section 1.02.080 "Penalties ", establishing the maximum amount for civil
infractions and, further, authorize publication by summary only.
III. FISCAL IMPACT:
NONE.
IV. HISTORY AND FACTS BRIEF:
A) The recent review of park rule infractions has resulted in a closer look at the
consistency of Code references to infractions. PMC 1.02.080 provides for infractions
as a civil penalty as an alternative to criminal fines. That section has not been
amended since its adoption in 1989. It states that the penalty amount assessed is "a
monetary penalty in an amount not to exceed the maximum amount for the infraction
stated in this Code." However, there is no maximum amount presently stated in the
Code.
B) RCW 7.80.120 which provides the statutory authority for civil infractions was
amended in 2003 to include classes of infractions with varying penalties ranging from
twenty -five dollars to two hundred and fifty dollars. To incorporate this change and
to make a consistent standard within the City Code for assessment of infraction
penalties, the Code needs to be amended to incorporate these classes of penalties, set
the maximum penalty amount and provide a default penalty at the maximum
permitted by State law unless otherwise specifically designated in the Code by class
or amount.
V. DISCUSSION:
A) This amendment will establish the maximum penalties, provide consistency within
the Code, provide the Municipal Court with guidance regarding the assessment of
infraction penalties and bring the Code in compliance with the changes to RCW
7.80.120.
B) This is a house keeping item to clarify city code in regards to monetary penalties of
civil infractions. Staff recommends adoption of the proposed ordinance.
4(g)
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington,
Amending Section 1.02.080 "Penalties" Establishing the
Maximum Amount for Civil Infractions
WHEREAS, Washington law (RCW 7.80) authorizes the City to designate certain
violations of its Municipal Code as civil infractions distinguishing them from criminal violations;
and
WHEREAS, RCW 7.80.120 establishes a maximum monetary penalty and default
amount of a class 1 civil infraction at two hundred fifty dollars ($250.00), not including statutory
assessments; and
WHEREAS, to provide clarity and certainty to the amounts for such penalties, NOW,
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Section 1.02.080 entitled "Penalties" of the Pasco Municipal Code,
shall be and hereby is amended and shall read as follow:
1.02.080 PENALTIES.
(1) A person found to have committed a civil infraction under this Code shall be
assessed a monetary penalty ' a ° r infraefion
stated in this Code Unless otherwise specifically designated in this Code by class or by
amount, the civil infraction shall constitute a class 1 civil infraction provided by RCW 7 80 120
for the maximum Penalty and default amount in the sum of two hundred fifty dollars ($250.00),
not including statutory assessments. Except for such violations which by State law provide for a
Beater maximum penalty, the maximum penalty and default amount but not including statutory
assessments, shall be:
(A)
Class 1 Civil Infraction
$250.00
(B)
Class 2 Civil Infraction
$125.00
(C)
Class 3 Civil Infraction
50.00
(D)
Class 4 Civil Infraction
$ 25.00
(2) Whenever a monetary penalty is imposed by the Municipal Court, it is
immediately payable. If the person is unable to pay at the time the Court may grant an extension
of the period in which the penalty may be paid. If the penalty is not paid on or before the time
Ordinance Amending Section 1.02.080 - 1
established for payment, the Court may proceed to collect the penalty in the same manner as the
other civil judgments and may notify the City Attorney of the failure to pay.
(3) The Court may also order a person found to have committed a civil infraction to
make restitution.
(4) An order or iud ment entered by the Court after the receipt of a response, which
does not contest the determination, or after it has been established at a hearing that the civil
infraction was committed, or after a hearing for the purpose of explaining mitigating
circumstances is constitutes a civil in nature Lgment, subject to execution and collection as
provided by law.
(5) The Court may waive, reduce, or suspend the monetary penalty prescribed for the
civil infraction. If the Court determines that a person has insufficient funds to pay the monetary
penalty, the Court may order performance of a number of hours of community service in lieu of a
monetary penalty, at the rate of the then state minimum wage per hour. (Ord. 2743 Sec. 2,
1989.)
Section 2. This Ordinance shall take full force and effect five (5) days after its
approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this _ day of , 2012.
Matt Watkins, Mayor
ATTEST:
Debbie Clark, City Clerk
Ordinance Amending Section 1.02.080 - 2
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
AGENDA REPORT NO. 12
FOR: City Council July 18, 2012
TO: Gary CrutchfI i Manager
Ahrnad Qayo b 'c Works Director
Workshop Mtg.: 07/23/12
FROM: Michael A. Pawlak, City Engineer Regular Mtg.: 08/06/12
SUBJECT: Reject Bids for 41h Avenue Corridor (Court Street to I -182)
Project #C2- 10- 06 -STR
I. REFERENCE(S):
1. Vicinity Map
2. Bid Summary
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
07/23: Discussion
08/06: MOTION: I move to reject all bids for the 4`h Avenue Corridor (Court
Street to I -182) Project in as much as all of the bids received
significantly exceeded the Engineer's Estimate and approved
project budget.
III. FISCAL IMPACT:
Surface Transportation Program (STP) Funds ($350,000)
Arterial Street Funds ($120,140)
Franklin County PUD Contribution ($102,500)
IV. HISTORY AND FACTS BRIEF:
A) This project involves installation of landscaping including irrigation, updating
sidewalks and handicap ramps to current ADA standards, driveway approaches
and other associated street work.
B) The project was advertised on June 17, 2012 and June 24, 2012, with a bid
opening on July 10, 2012.
V. DISCUSSION:
A) On July 10, 2012, staff received two (2) bids for the project. The low bid was
received from A &B Asphalt, Inc. in the amount of $751,885.35. The second
lowest bid was received from Inland Asphalt Company in the amount of
$882,468.00. The Engineer's Estimate for the project was $438,762.50.
B) Staff believes that the high bids are due to the summer season's bidding climate
and the amount of street related construction work awarded throughout the region
this year.
C) Staff suggests that the bidding climate would be more advantageous to the City
later this winter, allowing for an early spring 2013 construction start.
D) Staff recommends that all bids be rejected due to fiscal constraints and the project
be reviewed and re- advertised in winter 2012 -2013.
4(h)
4T" AVENUE CORRIDOR (NORTH)
PA
WN,
COURT ST
E-Mi
City of Pasco
41h Avenue Corridor (Court Street to 1 -182)
Project No. C2- 10- 06 -STR
July 10, 2012
DID SUMMARY
BASE BID EVALUATION:
Engineers Estimate
A &B Asphalt, Inc.
$438,762.50
$751,885.35
Inland Asphalt Co. $882,468.00
AGENDA REPORT NO. 11
FOR: City Council July 18, 2012
TO: Gary Crutchfie
Ahmad Qayou i, 6anager
Works Director
FROM: Michael A. Pawlak, City EngineeVW----� Workshop Mtg.: 07/23/12
SUBJECT: LID #149 — Kurtzman Park Area 3, Project #C5- ST- 3A -12 -01
I. REFERENCE(S):
L Vicinity Map
2. Bid Summary
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
07/23: Discussion
III. FISCAL IMPACT:
Community Development Block Grant (CDGB) Funds ($350,000)
Interfund Loan Proceeds ($260,000)
IV. HISTORY AND FACTS BRIEF:
A) This project involves the construction of roadway improvements, curb and gutter,
sidewalk, storm drainage, and handicap ramps to current ADA standards,
driveway approaches and other associated street work.
B) The project was advertised on June 17, 2012 and June 24, 2012, with a bid
opening on July 10, 2012.
V. DISCUSSION:
A) On July 10, 2012, staff received three (3) bids for the project. The low bid was
received from Inland Asphalt Company in the amount of $656,562.19, including
applicable sales tax. The second lowest bid was received from Granite
Construction Company in the amount of $740,878.35, including applicable sales
tax. The Engineer's Estimate for the project was $594,697.20.
4(i)
LID 149
Kurtzman Area Phase 3
Revised Boundary
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Number LID Assessment Roll Number =E
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City of Pasco
LID #149 — Kurtzman Park Area 3
Project No. C5- ST- 3A -12 -01
July 10, 2012
BID SUMMARY
Project Construction Budget $594,697.20
Inland Asphalt Company $656,562.19
Granite Construction Company $740,878.35
A &B Asphalt, Inc. $898,642.00
AGENDA REPORT No. 11
FOR: City Counci
TO: Gary Crutchfie *anager
FROM: Ahmad Qayoum , Public Works Director
SUBJECT: Powerline Road Design
I. REFERENCE(S):
1. Vicinity Map
2. Professional Services Agreement
July 18, 2012
Workshop Mtg.: 07/23/12
Regular Mtg.: 08/06/12
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
7/23: Discussion
8/06: MOTION: I move to approve the Professional Services Agreement with
HDJ Design Group authorizing professional services with
respect to the Powerline Road Design, not to exceed
$77,257.25 and further, authorize the Mayor to sign the
agreement.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) On July 2, 2012 Council adopted the Six Year Transportation Improvement Plan
which includes the construction of Powerline Road between Road 68 and Road
100. The 2013 CIP contemplates using the 2013 Overlay funds, as a transfer to
the Arterial Street Fund, to complete the design and construction of Powerline
Road.
V. DISCUSSION:
A) Powerline Road is anticipated to be a four (4) lane road in the future. This project
is to build two (2) of the four (4) lanes using City funds. The road will be
widened to four (4) lanes in the future when development occurs to the north.
Three property owners have signed Public Road and Utility Easements in order
for the project to be constructed. The width of easements varies between
properties because of existing rights -of way on portions of some parcels and not
others. The easements granted provide sufficient room to construct a two lane
road on the north portion of the easement. Additional rights -of -way will be
obtained in the future as development occurs to the north.
B) Staff negotiated scope of work and budget with HDJ Design Group, PLLC for the
amount of $77,257.25. The scope of work will also include a 30% design of
Powerline Road from Road 52 to Road 68, right -of -way and refined engineer's
estimate for future construction.
C) Staff recommends award of a Professional Services Agreement to HDJ Design
Group, PLLC.
H
1�
Q
O
W
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J
W
O
PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter
referred to as the "City ", and HDJ Design Group hereinafter referred to as the "Consultant ".
WHEREAS, the City desires to engage the professional services and assistance of a
consulting firm to provide DESIGN services with respect to Powerline Road.
NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and
between the parties hereto as follows:
1. Scope of work. The scope of work shall include all services and material
necessary to accomplish the above mentioned objectives in accordance with Exhibit A.
2. Ownership and use of documents. All research, tests, surveys, preliminary data
and any and all other work product prepared or gathered by the Consultant in preparation for the
services rendered by the Consultant shall not be considered public records, provided, however,
that:
A. All final reports, presentations and testimony prepared by the Consultant
shall become the property of the City upon their presentation to and acceptance by the City and
shall at that date become public records.
B. The City shall have the right, upon reasonable request, to inspect, review
and, subject to the approval of the Consultant, copy any work product.
C. In the event that the Consultant shall default on this Agreement, or in the
event that this contract shall be terminated prior to its completion as herein provided, the work
product of the Consultant, along with a summary of work done to date of default or termination,
shall become the property of the City and tender of the work product and summary shall be a
prerequisite to final payment under this contract. The summary of work done shall be prepared at
no additional cost, if the contract is terminated through default by the contractor. If the contract
is terminated through convenience by the City, the City agrees to pay contractor for the
preparation of the summary of work done.
3. Payments. The Consultant shall be paid by the City for completed work for
services rendered under this Agreement as provided hereinafter. Such payment shall be full
compensation for work performed or services rendered and for all labor, materials, supplies,
equipment and incidentals necessary to complete the work.
A. Payment for work accomplished under the terms of this Agreement shall be
on a Lump Sum basis as set forth on the fee schedule found in the project proposal, provided, in
no event shall the payment for all work performed pursuant to this Agreement exceed the sum of
$77,257.25, without approval from the City.
B. All vouchers shall be submitted by the Consultant to the City for payment
pursuant to the terms of this Agreement. The City shall pay the appropriate amount for each
voucher to the Consultant. The Consultant may submit vouchers to the City monthly during the
progress of the work for payment of completed phases of the project. Billings shall be reviewed
in conjunction with the City's warrant process.
C. The costs records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City for a period of three (3) years after final
payment. Copies shall be made available upon request.
4. Time of performance. The Consultant shall perform the work authorized by this
Agreement promptly and before December 31, 2012.
5. Hold harmless agreement. In performing the work under this contract, the
Consultant agrees to defend the City, their officers, agents, servants and employees (hereinafter
individually and collectively referred to as "Indemnitees "), from all suits, claims, demands,
actions or proceedings, and to the extent permissible by law, indemnify and hold harmless the
Indemnitees from:
A. All damages or liability of any character including in part costs, expenses
and attorney fees, based upon, any negligent act, error, or omission of Consultant or any person
or organization for whom the Consultant may be responsible, and arising out of the performance
of professional services under this Agreement; and
B. All liability, loss, damage, claims, demands, costs and expenses of
whatsoever nature, including in part, court costs and attorney fees, based upon, or alleged to be
based upon, any act, omission, or occurrence of the Consultant or any person or organization for
whom the Consultant may be responsible, arising out of, in connection with, resulting from or
caused by the performance or failure of performance of any work or services under this
Agreement, or from conditions created by the Consultant performance or non - performance of
said work or service.
6. General and professional liability insurance. The Consultant shall secure and
maintain in full force and effect during performance of all work pursuant to this contract a policy
of comprehensive general liability insurance providing coverage of at least $500,000 per
occurrence and $1,000,000 aggregate for personal injury; $500,000 per occurrence and aggregate
for property damage; and professional liability insurance in the amount of $1,000,000. Such
general liability policies shall name the City as an additional insured and shall include a
provision prohibiting cancellation of said policy, except upon thirty (30) days written notice to
the City. The City shall be named as the certificate holder on the general liability insurance.
Certificates of coverage shall be delivered to the City within fifteen (15) days of execution of this
Agreement.
7. Discrimination prohibited. Consultant shall not discriminate against any
employee or applicant for employment because of race, color, religion, age, sex, national origin
or physical handicap.
8. Consultant is an independent contractor. The parties intend that an independent
contractor relationship will be created by this Agreement. No agent, employee or representative
of the Consultant shall be deemed to be an agent, employee or representative of the City for any
purpose. Consultant shall be solely responsible for all acts of its agents, employees,
representatives and subcontractor during the performance of this contract.
9. City approval. Notwithstanding the Consultant's status as an independent
contractor, results of the work performed pursuant to this contract must meet the approval of the
City.
10. Termination. This being an Agreement for professional services, either party
may terminate this Agreement for any reason upon giving the other party written notice of such
termination no fewer than ten (10) days in advance of the effective date of said termination.
11. Integration. The Agreement between the parties shall consist of this document and
the Consultant's proposal attached hereto. These writings constitute the entire Agreement of the
parties and shall not be amended except by a writing executed by both parties. In the event of
any conflict between this written Agreement and any provision of Exhibit A, this Agreement
shall control.
12. Non - waiver. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other provision.
13. Non - assignable. The services to be provided by the contractor shall not be
assigned or subcontracted without the express written consent of the City.
14. Covenant against contingent fees. The Consultant warrants that he has not
employed or retained any company or person, other than a bona fide employee working solely for
the Consultant, to solicit or secure this contract, and that he has not paid or agreed to pay any
company or person, other than a bona fide employee working solely for the Consultant, any fee,
commission, percentage, brokerage fee, gifts, or any other consideration contingent upon or
resulting from the award of making of this contract. For breach or violation of this warranty, the
City shall have the right to annul this contract without liability or, in its discretion to deduct from
the contract price or consideration, or otherwise recover, the full amount of such fee,
commission, percentage, brokerage fee, gift, or contingent fee.
15. General Provisions. For the purpose of this Agreement, time is of the essence.
Should any dispute arise concerning the enforcement, breach or interpretation of this Agreement,
venue shall be placed in Franklin County, Washington, the laws of the State of Washington shall
apply, and the prevailing parties shall be entitled to its reasonable attorney fees and costs.
16. Notices. Notices to the City of Pasco shall be sent to the following address:
City of Pasco
P. O. Box 293
Pasco, WA 99301
Notices to the Consultant shall be sent to the following address:
HDJ Design Group
300 W. 15th Street
Vancouver, WA 98660
Receipt of any notice shall be deemed effective three (3) days after deposit of written notice in
the U. S. mails, with proper postage and properly addressed.
DATED THIS
CITY OF PASCO
Gary Crutchfield, City Manager
ATTEST
Debbie Clark, City Clerk
DAY OF
2012
CONSULTANT
Greg P. Jellison, P.E., Principal
APPROVED AS TO FORM
Leland B. Kerr, City Attorney
SCOPE OF WORK
Powerline Road Improvement Project
for
The City of Pasco, WA
General Description:
The City of Pasco plans to construct half street improvements along Powerline Road between
Broadmoor Boulevard, and Road 52. This project is being funded by the City of Pasco.
Assumptions:
The design will be based on the following assumptions:
1.) The stormwater for this project will be collected along the curb line with catch basins, and
infiltrated. Infiltration rates for the design will be provided by the City. HDJ will perform
hydraulic calculations for the system and prepare a stormwater design memo for the City of
Pasco. The City will be responsible for filing the injection well information with the DOE.
2.) This scope and budget is divided into 3 sections of Powerline Road, including: i) Broadmoor
Boulevard to Road 68, ii) Road 68 to Road 60, and iii) Road 60 to Road 52. However, only
Section i will be completed with final construction plans.
3.) Sections ii and iii will only include a 30% design and estimate.
4.) There are existing plans for the section of roadway between Broadmoor Boulevard and
Road 68. Many of the assumptions made during the preparation of these plans are no
longer valid. The plans will be modified to comply with current City of Pasco standards, as
well as the revised design criteria provided by the City.
5.) There is a section of Powerline road between Convention Drive and Road 60 that has
already been constructed. HDJ's design will connect into either side of those roadway
improvements.
6.) HDJ will prepare Right of Way plans, legal descriptions and property take exhibits for
Section L The 30% plans prepared for Sections ii and iii will provide the City with potential
right of way impacts for budgeting purposes, however actual right of way plans will not be
prepared. The City will be responsible for everything involved with the Right of Way
acquisition and negotiation process for the entire corridor.
7.) The half width design will consist of a 28' wide shed section to a curb on the south, A
conceptual sidewalk plan will be prepared for the 30% plans. The remainder of the plans will
not include any sidewalk at this time, but will be graded to accommodate a future sidewalk
at the conceptual location.
8.) The roadway design will not include the design of any underground mains such as water,
sanitary, and irrigation, however, HDJ's plans will include laterals and stubs in locations
directed by the City of Pasco.
9.) Submittals will be made to the City of Pasco for review, comment, and distribution. HDJ will
not be expected to submit plans or reports to any other agency for review.
10.) These plans will not need Class A construction signage plans. It is assumed that the
contractor will prepare traffic control plans (Class B construction signage).
11.) The City of Pasco will be responsible for preparing and compiling the bid package, including
the specifications. HDJ will provide special provisions for non - standard bid items.
City of Pasco, WA July 17, 2012
Powerline Road Improvement Project Page 1 of 5
A. Initiation. Coordination, and Meetings
This item includes the assumed coordination and meetings necessary to successfully complete all
three sections of the project, and will not be broken out separately in the budget.
1.) HDJ design team coordination and internal meetings.
2.) Meet with City staff after the review of the 30% layout, 95% plan submittals and the Final
plan submittals. (Assumed 3 meetings 2 hours in length including driving time from HDJ
Pasco office).
3.) Import and export AutoCAD drawings as needed with the City of Pasco.
B. Survey
The survey for this project was completed under a separate contract. Any additional survey
needs will be handled under a separate contract. Legal descriptions and right of way take exhibits
could be added under the separate survey contract.
1.) Import survey information into the base drawing and create an existing surface model.
2.) Prepare Legal descriptions and Property Exhibits for parcels permanently impacted by Right
of Way or Easement associated with section i of this project. (Assume 2 parcels, and that
the property impacts will be finalized prior to the preparation of these documents so that no
changes will be necessary.)
C. 30% layout and exhibits
HDJ will prepare preliminary 30% layout and exhibits for the project, and present it to the City for
comment. The Budget for this item C will be broken up into the three roadway sections identified
above.
1.) Prepare preliminary layout including plan view and a profile. Preliminary grading will be
included.
2.) Prepare design exhibits. Exhibits will include a preliminary plan over profile sheets at 20
scale on 22x34 paper. (Assumed 17 sheets for section i, 11 sheets for section ii, and 6
sheets for section iii).
3.) Prepare 30% quantity takeoffs and engineer's estimate.
D. 60% Working Drawings
HDJ will prepare a 60% working drawing exhibit and a 60% engineer's estimate for Section i and
meet with City of Pasco staff for review. This meeting will be held in HDJ's Vancouver office.
E. 95% Roadway Design
This item includes all work necessary to bring the design to a 95% plan stage. The Budget for
this item D only applies to sections i identified above.
1.) 95% Design Phase Plan Set shall include:
a) Cover Sheet. (Assumed 1 sheet)
City of Pasco, WA
Powerline Road Improvement Project
July 17, 2012
Page 2 of 5
b) General notes and legend. (Assumed 1 sheet)
c) Site Prep, Grading, and Erosion Control Plans at 20 scale double stacked. (Assumed
9 sheets)
d) Typical Sections. (Assumed 1 sheet)
e) Plan over Profile Sheets including drainage conveyance at 20 scale. (Assumed 17
sheets)
f) Signing and Striping at 20 scale double stacked. (Assumed 9 sheets)
g) Miscellaneous Details. (Assumed 1 sheet)
h) City of Pasco Standard Detail sheets. (Assumed 6 sheets)
Additional items of work included in the 95% Plan Submittal are as follows:
2.) Prepare 95% RoW plans on 11x17 sheet size at 50 scale. (Assume 16 sheets)
3.) Prepare special provisions for non- standard bid items.
4.) Perform stormwater analysis, and prepare stormwater memo.
5.) Compute quantities and prepare an Engineer's Estimate of construction.
6.) Submit stormwater memo, 95% plan set, specifications, and cost estimate for review.
(Submittal will be electronic in Adobe PDF format at 22x34 sheet size)
F. Final Contract Plans and Specifications
This item covers all work to address comments on the 95% plans and bring the plan set to Final
Plans ready for bid. The Budget for this item E will be broken up into the three roadway sections
identified above.
1.) Revise plans, special provisions, and engineers estimate (PS &E) per City comments.
2.) Revise RoW plans, and provide City with final electronic pdf and a paper copy, 1 1x1 7 sheet
size.
3.) Revise stormwater memo per City comments.
4.) Submit 99% PS &E for final review and make corrections or address comments as required.
(Submittal will be electronic in Adobe PDF format)
5.) Submit Final electronic stormwater memo (PDF format), plans (AutoCAD 2006 & PDF
format), specs (Microsoft Word format), and estimate (Microsoft Excel format). Submit
paper copies of Final signed plans for City use. (Full size paper 22 "x34" (6 set), and half size
paper 11 "x17" (1 set).
G. Project Tracking and Reporting
This item covers all work to prepare and update the monthly billing report. It is assumed that due
to the relative simplicity of this project, HDJ will maintain a basic project schedule consisting of
key milestones, and will send weekly updates during the design phase of the project so City staff
remains informed about the status of the project. Any questions regarding project status can be
addressed over the phone with City staff.
H. Bidding and Construction Support
This item covers the work to provide Bidding Support, Construction Support, Management and
Inspection for the project. The scope of work assumed below is based on the information
currently available. Only task 1 is included with the current budget. Tasks 2 through 6 may be
City of Pasco, WA July 17, 2012
Powerline Road Improvement Project Page 3 of 5
added by supplement after final plans are completed and the City knows what their work load is
and the level of support they will need.
1.) HDJ Design Group, PLLC will assist the City of Pasco through the bidding process by
addressing design questions. (Assume 6 hours)
2.) Attend the Pre - Construction Conference. (Assume 3 hours)
3.) Construction Support:
a) Addressing construction questions. (Assume 10 hours)
b) Preparing construction exhibits. (Assume 3 exhibits)
4.) Construction Management:
a) Addressing RFI's and Reviewing Submittals. (Assume 24 hours)
b) Preparing RFP's. (Assume 3 RFP's)
c) Construction coordination. (Assume 40 hours)
5.) Construction Inspection. (Assumed 400 hours)
6.) Asbuilt Survey and Drawings.
I. Reimbursable Expenses
This work includes non -salary costs associated with printing, mileage, copies, exhibit preparation,
etc. Invoices will be submitted with billings for any items covered under reimbursable expenses.
Specific items that will be provided under reimbursable expenses include:
1.) Copies: Expenses for submittal copies as described above.
2.) Travel: Mileage for driving to meetings and site visits, billed at the 2012 federal rate of
$0.555 /mile.
3.) Delivery: Expenses for courier, package delivery, and mail services.
J. Extra Work
This work includes any item not covered in the above scope of work or specifically excluded in
"Task K" below. No costs have been included for extra work on the cost estimate.
K. Specific Exclusions
The following items of work are specifically excluded from the scope of this agreement:
1.) Public Involvement process, including open houses, direct mailings, and newsletters.
2.) Construction materials testing.
3.) Property acquisition and negotiations.
4.) Negotiation of utility easements.
5.) Geotechnical Engineering, Mechanical Engineering, Structural Engineering, Electrical
Engineering, Planning, Surveying, Landscape Architect, and Environmental (habitat,
wetland, archeological, etc.) consultation and services.
6.) Traffic volume analysis, reports, or recommendations.
7.) Payments of any plan review, application, or permit fees.
8.) The preparation of any permits or other environmental related items.
9.) Design of retaining walls.
10.) Design of street lighting or any other illumination systems.
City of Pasco, WA July 17, 2012
Powerline Road Improvement Project Page 4 of 5
11.) Design of construction plans or relocation plans for any dry utilities such as electric, gas,
cable, phone, etc.
12.) Design of a water, irrigation, or sanitary sewer mains (Laterals and stubs will be provided
per City request).
13.) Design changes during construction or change order writing.
14.) Any plan revisions not identified under item E.
15.) Class A Signage plans, and Traffic control plans.
16.) It is assumed that this project will be designed in 2012, and go to construction in 2013.
Placing the project on hold for more than a 3 month period and continuing the design
process into 2013 or later is excluded from this scope of work. (In order to continue work
on a project into 2013 or later after a 3 or more month hold, HDJ and the City of Pasco
must agree on an appropriate fee to offset any extra costs experienced by HDJ due to
placing the project on hold.)
17.) Preparing or compiling the specifications and bid package.
18.) Construction, Staking.
19.) Any work for sections ii and iii beyond the 30% plans.
20.) Construction management and inspection.
L. City Responsibilities
The City of Pasco will provide the following items and / or services
1.) Consultant identified pertinent and reasonable City maps of the project and other currently
available maps, including aerial photos, assessor maps and standard details.
2.) City direction regarding decisions related to design standards and design related issues.
3.) Material testing.
4.) Environmental Permitting (SEPA, NPDES Permit, DOE Injection Well Registration, etc).
5.) Obtaining any necessary construction permits.
6.) Pay any fees associated with this project (application fees, plan review fees, permit fees
etc.).
7.) Arrange for safe access to and make all provisions for HDJ to enter upon public and
private property as required for HDJ to perform services included in this scope of work.
8.) Provide any necessary coordination with utility companies affected by this project.
9.) Acquire any RoW necessary to construct the project.
City of Pasco, WA July 17, 2012
Powerline Road Improvement Project Page 5 of 5
BASE FEE
10.]18.50
ROADWAYSEC(/O IFEE
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GIII�►`LZ:)'7 �7Zirs�llc��
FOR: City Coun it July 20, 2012
TO: Gary Crutchfiel , Ci anager I
i
FROM: Ahmad Qayounli, Public Works Director orkshop Mtg.: 07/23/12
Regular Mtg.: 08/06/12
SUBJECT: Professional Services Agreement with Shannon & Wilson — Linda Loviisa
I. REFERENCE(S):
1. Vicinity Map
2. Professional Services Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
07/23: Discussion
08/06: MOTION: I move to approve the Professional Services Agreement with
Shannon & Wilson authorizing engineering services not to
exceed $37,000.00 for Linda Loviisa Irrigation Well and
further, authorize the Mayor to sign the agreement.
III. FISCAL IMPACT:
$37,000 - Irrigation Utility
IV. HISTORY AND FACTS BRIEF:
A) The well located in the Linda Loviisa subdivision is failing and needs to be replaced
(it is not producing the desired and permitted amount of water). Upon
troubleshooting the well's performance, it was determined that the casing inside the
well is failing and requires significant repair. Additionally, the repairs are not
guaranteed to produce the permitted amount of water. The cost to repair the existing
casing is the same as replacing it with a new one, and the longevity and reliability
would be questionable.
B) The new well will be located in the same vicinity as the existing well, and will be
designed and drilled to produce the amount of water allowed by our current water
rights.
1' 1109IM3 C"L
A) The proposed engineering services include construction services and oversight of the
drilling and construction of the new well, Ecology communication to coordinate water
rights and permission to drill the new well and change use of the existing well to a
monitoring function, and testing of the new well to ensure appropriate levels are being
delivered.
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PROFESSIONAL SERVICES AGREEMENT
THIS AGREEMENT, made and entered into between the City of Pasco, hereinafter
referred to as the "City ", and Shannon & Wilson, Inc. hereinafter referred to as the
"Consultant ".
WHEREAS, the City desires to engage the professional services and assistance of a
consulting fine to provide engineering and construction management with respect to the
Linda Loviisa Irrigation Well, and Consultant has demonstrated that it is highly qualified to
perform these services.
NOW, THEREFORE, in consideration of mutual benefits accruing, it is agreed by and
between the parties hereto as follows:
1. Scope of work. The scope of work shall include all services and material necessary to
accomplish the above mentioned objectives in accordance with Exhibit A.
2. Ownership and use of documents.
A. The parties acknowledge that this Agreement shall be governed by RCW Chapter
42.56 and any other State or Federal law relating to confidentiality, intellectual
properties, and public disclosure. The parties shall make a good faith effort to
comply with such laws, and to the fullest extent allowed by law, comply with the
provisions of this section.
B. All research, tests, surveys, preliminary data and any and all other work product
prepared or gathered by the Consultant in preparation for the services rendered
shall not be considered public records, provided, however, that:
(1) All final reports, presentations and testimony prepared by Consultant shall
become the property of the City upon their presentation to and acceptance
by the City and shall at that date become public records.
(2) The City shall have the right, upon reasonable request, to inspect, review
and, subject to the approval of Consultant, copy any work product.
(3) In the event that Consultant shall default on this Agreement, or in the
event that this Agreement shall be terminated prior to its completion as
herein provided, the work product of Consultant, along with a summary of
work done to date of default or termination, shall become the property of
the City and tender of the work product and summary shall be a
prerequisite to final payment under this Agreement. The summary of
work done shall be prepared at no additional cost, if the Agreement is
terminated through default by Consultant. If the Agreement is terminated
Shannon & Wilson, Inc. Professional Services Agreement - 1
through convenience by the City, the City agrees to pay Consultant for the
preparation of the summary of work done.
(4) Consultant shall maintain all documents associated with work performed
under this Agreement for a minimum period of three (3) years after
completion of the work. This provision shall survive termination of this
Agreement.
(5) Consultant shall respond to requests by the City for records within five (5)
business days by either providing the records, or by identifying in writing
that additional time is necessary to provide the records with a description
of the reasons why additional time is needed. Records shall be provided to
the City within twenty (20) days of the date of the request. Provisions of
Section 5 in this Agreement shall specifically apply to any claim arising
out of Consultant's failure to properly maintain or timely produce records
as described herein and as otherwise required by law.
3. Payments. The Consultant shall be paid by the City for completed work for services
rendered under this Agreement as provided hereinafter. Such payment shall be full
compensation for work performed or services rendered and for all labor, materials,
supplies, equipment and incidentals necessary to complete the work.
A. Payment for work accomplished under the terms of this Agreement shall be on a
monthly basis as set forth on the fee schedule found in Exhibit A, provided, in no
event shall the payment for all work performed pursuant to this Agreement exceed
the sum of $37,000, without approval from the City.
B. All vouchers shall be submitted by the Consultant to the City for payment
pursuant to the terms of this Agreement. The City shall pay the appropriate
amount for each voucher to the Consultant. The Consultant may submit vouchers
to the City monthly during the progress of the work for payment of completed
phases of the project. Billings shall be reviewed in conjunction with the City's
warrant process.
C. The costs records and accounts pertaining to this Agreement are to be kept
available for inspection by representatives of the City for a period of three (3)
years after final payment. Copies shall be made available upon request.
4. Time of performance. The Consultant shall perform the work authorized by this
Agreement promptly and within 180 days.
5. Hold harmless agreement. In performing the work under this Agreement, the
Consultant agrees to defend the City, their officers, agents, servants and employees
(hereinafter individually and collectively referred to as "Indemnitees "), from all suits,
claims, demands, actions or proceedings, and to the extent permissible by law, indemnify
and hold harmless the Indemnitees from:
Shannon & Wilson, Inc. Professional Services Agreement - 2
A. All damages or liability of any character including in part costs, expenses and
attorney fees, based upon, any negligent act, error, or omission of Consultant or
any person or organization for whom the Consultant may be responsible, and
arising out of the performance of professional services under this Agreement; and
B. All liability, loss, damage, claims, demands, costs and expenses of whatsoever
nature, including in part, court costs and attorney fees, based upon, or alleged to
be based upon, any act, omission, or occurrence of the Consultant or any person
or organization for whom the Consultant may be responsible, arising out of in
connection with, resulting from or caused by the negligent performance or failure
of performance of any work or services under this Agreement, or from conditions
created by the Consultant performance or non - performance of said work or
service.
6. General and Professional liability insurance. Consultant shall secure and maintain in
full force and effect during the performance of all work pursuant to this Agreement a
policy of comprehensive general liability insurance providing coverage of at least
$1,000,000 per occurrence and $2,000,000 aggregate for personal injury; $1,000,000 per
occurrence and $2,000,000 aggregate for property damage; errors and omissions
insurance in the amount of $1,000,000; and automobile insurance as required by law.
Each such insurance policy shall name the City as an additional insured and shall include
a provision prohibiting cancellation of said policies, except upon thirty (30) days written
notice to the City. The City shall be named as a certificate holder on each insurance
policy. Certificates of coverage shall be delivered to the City within fifteen (15) days of
execution of this Agreement.
7. Discrimination prohibited. Consultant shall not discriminate against any employee or
applicant for employment because of race, color, religion, age, sex, national origin or
physical handicap.
8. Consultant is an independent contractor. The parties intend that an independent
contractor relationship will be created by this Agreement. No agent, employee or
representative of the Consultant shall be deemed to be an agent, employee or
representative of the City for any purpose. Consultant shall be solely responsible for all
acts of its agents, employees, representatives and subcontractor during the performance
of this Agreement. Consultant shall make no claims for benefits for employment against
the City including, but not limited to, sick leave, medical insurance, coverage under the
City's State Department of Labor and Industries policy, vacation benefits, retirement, or
unemployment benefits. Consultant shall comply with all State and Federal laws
including, but not limited to, the requirements of RCW 50.04.0140 and RCW 51.08.195.
9. City approval. Notwithstanding the Consultant's status as an independent contractor,
results of the work performed pursuant to this Agreement must meet the approval of the
City.
Shannon & Wilson, Inc. Professional Services Agreement - 3
10. Termination. This being an Agreement for professional services, either party may
terminate this Agreement for any reason upon giving the other party written notice of
such termination no fewer than ten (10) days in advance of the effective date of said
termination.
11. Integration. The Agreement between the parties shall consist of this document and any
schedules or exhibits listed in this agreement and attached hereto. These writings
constitute the entire Agreement of the parties and shall not be amended except by a
writing executed by both parties. In the event of any conflict between this written
Agreement and any provision of Exhibit A, this Agreement shall control.
12. Non - waiver. Waiver by the City of any provision of this Agreement or any time
limitation provided for in this Agreement shall not constitute a waiver of any other
provision.
13. Non - assignable. The services to be provided by the Consultant shall not be assigned or
subcontracted without the express written consent of the City.
14. Covenant against contingent fees. The Consultant warrants that he has not employed or
retained any company or person, other than a bona fide employee working solely for the
Consultant, to solicit or secure this Agreement, and that he has not paid or agreed to pay
any company or person, other than a bona fide employee working solely for the
Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other
consideration contingent upon or resulting from the award of making of this Agreement.
For breach or violation of this warranty, the City shall have the right to annul this
Agreement without liability or, in its discretion to deduct from the Agreement price or
consideration, or otherwise recover, the full amount of such fee, commission, percentage,
brokerage fee, gift, or contingent fee.
15. General Provisions. For the purpose of this Agreement, time is of the essence. In the
event a dispute regarding the enforcement, breach, default or interpretation of this
Agreement, the parties shall first meet in a good faith effort to resolve such dispute. In
the event the dispute cannot be resolved by agreement of the parties, said dispute shall be
resolved by arbitration pursuant to RCW 7.04A, as amended, and the Mandatory
Arbitration Rules (MAR); venue shall be placed in 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 cost.
In the event any provision of this Agreement is deemed to be unenforceable, the other
provisions of the Agreement shall remain in full force and effect.
16. Notices. Notices to the City of Pasco shall be sent to the following address:
City of Pasco
P. O. Box 293
Pasco, WA 99301
Shannon & Wilson, Inc. Professional Services Agreement - 4
Notices to the Consultant shall be sent to the following address:
Shannon & Wilson, Inc.
303 Wellsian Way
Richland, WA 99352
Receipt of any notice shall be deemed effective three (3) days after deposit of written
notice in the U. S. mails, with proper postage and properly addressed.
DATED THIS
DAY OF , 20
CITY OF PASCO
CONSULTANT:
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By: By: GyYy�e
Matt Watkins, Mayor Sigp tur�.Printed Name and Title
.Dee e-
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ATTEST:
Debbie Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
Shannon & Wilson, Inc. Professional Services Agreement - 5
Robert Blain EXHIBIT A
From:
Dee Burrie <DEE@shanv iI.com>
Sent:
Thursday, March 29, 2012 11:38 AM
To:
Robert Blain
Subject:
Linda Loviisa Well Replacement
Attachments:
SW - Cost Estimate.Rev 1 -xlsx
Robert
Attached is a revised estimate. We can adjust our fee by shifting some of the tasks to City staff and reducing the scope
we provide. We anticipate that areas where City staff can assist with the project include:
1. Ecology Coordination -Coordinating water rights and permission to drill the new well and change use of the
existing well to a monitoring function can be primarily handled by City staff, in desired. We anticipate our
involvement in this effort could be reduced approximately 50 %, but the effort will need to be replaced with City
staff time.
2. Construction observation — If the City has staff available to observe the well construction, our effort could be
reduced to cover only the critical times during final drilling and well completion. The attached revised estimate
does not include this reduction because we feel there is value in having our engineer who is experience in
drilling and sampling borings provide these services.
3. Pump testing— Our effort can be reduced if City staff is available to cover the night shift during the 24 hour
constant rate pump test.
4. Based on last week's meeting, it appears that the design effort by RH2 can be greatly reduced to Include
generally only pump selection recommendations. We understand that City staff will handle modifications to the
piping, electrical connections, and the well house,
Based on the meeting held last week, it appears that the interview meeting replaced the kickoff meeting, thus the fee
can be reduced for that effort. In addition to eliminating these charges, we have also reduced some of our management
hours and will shift some of the effort to the local office staff Instead of relying on Seattle staff to reduce travel costs.
Areas where we feel it necessary for our staff to be involved relate to well design, development, and testing- These
services provide the value to the project. It makes no economic sense to drill anew well without improving the
performance, upgrading the design and screen installation, and determining the optimal capacity of the system. We do
not recommend reducing our involvement in Task 3 or Task 4.
Dee
j` SI -MNON 61nlILSON, INC.
Dee J. Burrie, P.E, j Vice President
Richland Office Manager
303 Welisian Way, PO Box 967
Richland, Washington 99352.0967
Office: (509) 946-6309 Fax:(509)946 -6580
Direct: (509) 942 -6303
dee@shanwil.com www.shannonwilson.com
EXH1BlT A °JJJ 3HANNON&WILSON M
Project Scope
Objectives
This proposal addresses the requirements outlined in City of Pasco's Request for Proposal (RFP) dated
March 8, 2012. The primary objective of this project is to provide the City of Pasco with a new first -class
irrigation water supply well to replace the existing Linda Loviisa irrigation well. Other objectives include
assisting the City with selection and management of a qualified drilling contractor, determining a proper
well design that meets peak water demand requirements, and overseeing the construction and development
of the new well.
Approach
Our approach is based on the information provided in the RFP and our assessment of the existing Linda
Loviisa well data during our well condition evaluation completed in February 2012. The evaluation
consisted of reviewing the existing Linda Loviisa well data and that of several adjacent wells. We also
completed a video inspection of the Linda Loviisa well. This effort indicated that the existing well is
nearing the end of its useful life because of well casing deterioration and perforated slots plugging. The
existing data review also indicates that the aquifer zone in which existing well is completed appears highly
productive and suitable to provide the required water production capacity. The project will be completed
in four tasks. The following sections describe the activities associated with each task.
Task I - Preparation of Drilling Bid Specifications
We will begin with a kickoff meeting with City staff to discuss project schedule, work site limitations,
well site location, engineering issues associated with switching infrastructure from the existing to the
new well and other construction related issues. We will then contact Ecology to obtain a new well
construction permit and to change the existing well status to a permanent observation well. Other Task
one efforts will include:
Reviewing the existing water right for the Linda Loviisa well to determine that they are complete,
in good standing, and are applicable for drilling the new production well.
Completing required City and State well site inspections and permits.
Preparing detailed well drilling and construction bid specifications.
e Attending a pre -bid site meeting to answer well construction related questions and to assist City
representatives in reviewing contractor bid submittals.
Task 2 - New Well Drilling and Construction
A 16 -inch diameter production well will be drilled, completed, and tested at the Linda Loviisa Park.
The existing well will be converted to a monitoring well. The converted well will serve as an
observation well for the pumping tests and for long term performance monitoring of the new well. The
new well will be designed with a wire wrapped stainless steel screen to maximize the production zone
open area and to minimize corrosion potential. Based on our understanding of the aquifer, the well
will not require an artificial gravel pack outside the screen. This condition should reduce construction
and development costs.
Gly of Pasco, Linda Loviisa Well Proposal
S NVI&,noxi.eu M
Well development impacts long term well performance more than any other factor except proper well
design. We will work with the selected drilling contractor to develop the well using an induced
resonance technology. This technology allows greater energy penetration into the formation during
development, which results in more efficient fines removal adjacent to the well screen. The activities
required to complete Task 2 include:
♦ Coordinating with the well contractor prior to drilling to determine compliance with all bid
specifications.
• Observing and documenting drilling an approximately 200 - foot -deep production well. We
anticipate observing the drilling process during key steps including placement of surface seal, and
drilling through the water bearing zone. We will collect soil samples for classification at each
change in soil type. Selected soil samples from the water bearing zone will be sieved and used to
design well screen slot size(s).
♦ Observing well development after installing the well screen. The well shall be developed using a
combination of mechanical and induced resonance technology to remove silt and the finer sand
fraction from the natural gravel pore spaces surrounding the screened section.
Task 3 - Well Testing
After the well is developed we will design and implement two pumping tests on the new well. The
pumping data will be used to evaluate the aquifer properties using standard analysis methods such as
Theis (1935) or Neuman (1974). The pumping test results are used to evaluate the well's ability to
produce water, determine the optimal sustainable pumping rate, and to select the appropriate size
pump. The well testing will include:
♦ An 8 -hour step - pumping test to evaluate appropriate pumping rates for the long -term test. Up to
four pumping rates will be monitored for drawdown and well performance. Water level data in the
pumping well will be collected using pressure transducers. Physical measurements will be made
during the test to verify transducer data. After 8 hours of pumping, the well will be allowed to
recover overnight.
• Following the step - pumping test, a 24 -hour constant rate pumping test will be performed. Water
levels in the observation well (converted existing well) will be determined using a pressure
transducer. The pressure transducer will remain in the monitoring well for the duration of the
constant discharge and recovery tests. The pumping test will be performed without interruption
and at a constant rate. Recovery data will be obtained from the well over the same length of time
(24 hours) or until a straight line trend of water level versus time is observed.
• Field water quality parameters will be monitored throughout the test. Comprehensive water quality
samples will be collected at the middle and end of the test. The samples will be analyzed for
drinking water regulated and selected unregulated parameters.
• The well will be video inspected after the pumping test to document final construction condition of
the well.
City of Pasco, Linda Loviisa Well Proposal
Task 4 - Final Construction Design Engineering Report
Shannon & Wilson will prepare a final construction design engineering report that will include
documentation of the new well drilling and construction, well pumping tests, video inspection and
recommendations for long -term operation and maintenance. The report will also include
recommendations related to the infrastructure modifications and impacts to the existing irrigation
system.
The completed Engineering Report will be submitted to the City for review and approval. A copy of
the final report will also be provided to Ecology and the Washington State Department Health for
comment and approval. We will respond to comments from either agency related to the work
performed for this project.
Schedule and Budget Management
We understand the importance of schedule compliance and budget management. We anticipate the project
elements that may impact the schedule for this project may be Ecology approval of the well permit and
converting the existing well to a monitoring well, availability of the well driller, and delivery of wellhead
equipment. We will work with City staff to develop a schedule during the initial kickoff meeting and will
monitor schedule compliance weekly.
We are equally committed to effective budget management. Our proactive approach to budget
management begins with developing tailored project scopes. We monitor project budgets on a weekly
basis using the activity reports generated by our accounting department and available at our desktops and
on our network. We can closely track expenditures for specific budget items by task.
Team Qualifications
This section describes the project team and presents relevant experience of the team member companies.
Responsibilities will be:
Shannon & Wilson will manage all project phases, provide hydrogeologic consulting and aquifer
testing services, and construction management services. Shannon & Wilson representatives will
interface regularly with the City of Pasco and with the team members to provide assurance that this
project is performed to professional standards and City expectations.
♦ RH2 Engineers will assist with construction management services, provide recommendations on
infrastructure modifications for the new well, and provide recommendations for new pump sizing and
wellhead components.
Shannon & Wilson, Inc.
Shannon & Wilson, Inc. is headquartered in Seattle, Washington and has been providing environmental
and groundwater consulting services throughout the Pacific Northwest since 1954. Our local office in
Richland has been serving the Tri- Cities area since 1992. All of our staff proposed for this project are
located in either Richland or Seattle. The geologists working on this project have designed numerous
water wells, performed aquifer tests to evaluate well production capabilities, evaluated aquifer
characteristics using borehole geophysics and formation evaluation methods; and completed pumping
system evaluations including recommending rehabilitation when necessary. The company has substantial
City of Pasco, LIMa Lovlisa WeH Proposal
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experience in water well video inspection, groundwater chemistry, and the analysis of pump test data in
both new and existing water wells.
We provide practical, defensible solutions to challenging groundwater problems. Shannon & Wilson offers
complete hydrogeologic services to assess, develop, manage, remediate and protect groundwater and surface
water resources. Our specific services related to this project are:
♦ Water supply well design, development and
rehabilitation
Hydrogeologic characterization
Groundwater resource development and
management
♦ Groundwater flow and transport modeling
R112 Engineers, Inc.
♦ Wellhead protection analysis and planning
Surface water /groundwater continuity evaluation
Groundwater quality evaluation and protection
♦ In -house geotechnical and groundwater
laboratory testing services
RH2 Engineering, Inc. has been in business for 30 years working for municipal clients throughout
Washington State. RH2 is a medium -sized professional services firm that currently employs more than 70
professionals, including engineers, planners and scientists, who work together seamlessly throughout our
six offices Statewide. Our medium size also allows as to adapt to the needs of every client while still
offering the advanced skills necessary to handle the most complex projects. RH2's state of the art
communications technology enables us to provide each client with a local team that is connected and
supported by the entire firm.
Our designs are created in color, many are three - dimensional, and are tailored to meet the needs of our
clients. With this combination, RH2's change orders are less than 2 percent of the project's construction
cost on average. R112's client - oriented approach and exceptional understanding of civil and structural
engineering methods has resulted in numerous awards for our projects. These awards from our peers are
testimony to our professional achievements and our creation of innovative and sound solutions. We pride
ourselves on the quality of service we provide our clients.
RH2 Engineering offers a multitude of municipal engineering services. The following is a list of some of
the services related to this project.
Water supply development
♦ Water, sewer and stormwater design
♦ Engineering design review
♦ Electrical design
City of Pasco, Linda Lovasa Well Propose
♦ Hydraulic modeling
♦ Wellhead protection
Telemetry design
Water and wastewater treatment
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AGENDA REPORT
TO: City Council
FROM: Gary Crutch Manager
SUBJECT: Capital Improv
I. REFERENCE(S):
July 19, 2012
Workshop Mtg.: 7/23/12
Regular Mtg.: 8/6/12
I. Proposed Capital Improvement Plan 2013 -2018 (Council packets only; copy
available for review in the City Manager's office, Pasco Library and on the city's
website at www. pasco- wa.gov /citycouncilreports).
2. Revised "Project Description" for "Pivots Expansion" page 55 in CIP binder
3. Proposed Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
7/23: Discussion
8/6: MOTION:
III. FISCAL IMPACT:
I move to approve Resolution No. , adopting the Capital
Improvement Plan for fiscal years 2013 -2018.
IV. HISTORY AND FACTS:
A) The annual Capital Improvement Plan (CIP) for 2013 -2018 was presented to Council
for discussion at the July 9 workshop meeting.
V. DISCUSSION:
A) The following change has been made to the proposed plan by staff subsequent to the
July 9 discussion, as follows:
• Revised "Project Description" for "Pivots Expansion" (page 55).
B) Staff recommends that council identify any substantive changes it desires and
schedule formal Council approval of the Capital Improvement Plan at the August 6
business meeting, so the CIP is in place to guide staff in preparation of the annual
budget this fall.
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Capital Improvement Plan 2013 -2018
RESOLUTION NO.
A RESOLUTION Approving the Capital Improvement Plan for Calendar
Years 2013 -2018.
WHEREAS, staff has prepared the Capital Improvement Plan which defines the capital
projects proposed to be undertaken by the City over the ensuing six years; and
WHEREAS, on July 9 and July 23, 2012 the Capital Improvement Plan was presented to
the City Council for review and prioritization; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
RESOLVE AS FOLLOWS:
Section 1. That the Pasco City Council hereby approves the Capital Improvement Plan
for calendar years 2013 -2018 as the City's list of capital projects proposed to be undertaken by
the City over the coming six years, with the understanding that implementation of any project
listed in the Capital Improvement Plan is subject to budget appropriation.
PASSED by the City Council of the City of Pasco at its regular meeting this 6th day of
August, 2012.
Matt Watkins
Mayor
ATTEST:
Debra Clark
City Clerk
APPROVED AS TO FORM:
Leland B. Kerr
City Attorney