HomeMy WebLinkAbout2012.12.03 Council Meeting PacketAGENDA
PASCO CITY COUNCIL
Regular Meeting 7:00 p.m. December 3, 2012
CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance
3. CONSENT AGENDA: All items listed under the Consent Agenda are considered to be routine by the
City Council and will be enacted by roll call vote as one motion (in the form listed below). There will be
no separate discussion of these items. If further discussion is desired by Councilmembers or the public,
the item may be removed from the Consent Agenda to the Regular Agenda and considered separately.
(a) Approval of Minutes:
1. Minutes of the Pasco City Council Meeting dated November 19, 2012,
2. Minutes of the Special Pasco City Council Meeting dated November 26, 2012.
(b) Bills and Communications: (A detailed listing of claims is available for review in the Finance
Manager's office.)
To approve General Claims in the amount of $819,373.52 ($122,608.34 in the form of
Electronic Fund Transfer Nos. 12582, 12617 and 12649; and $696,765.18 in the form of Wire
Transfer Nos. 1259) 1260, 1264, 1265 and 1266, and Claim Warrants numbered 190451
through 190626).
2. To approve Payroll Claims in the amount of $2,950,095.22, Voucher Nos. 44994 through
45096 and 80210 through 80219; and EFT Deposit Nos. 30055545 through 30056379.
(c) Interlocal Agreement for Emergency Management Services:
1. Agenda Report from Gary Crutchfield, City Manager dated November 19, 2012.
2. Proposed Interlocal Agreement.
3. 2013 Schedule of Local Assessments.
To approve the Interlocal Agreement for Emergency Management Services and, further, authorize
the Mayor to sign the agreement.
(d) Federal Legislative Consulting Agreement:
1. Agenda Report from Gary Crutchfield, City Manager dated November 20, 2012.
2. Proposed Agreement.
To approve the agreement with Gordon Thomas Honeywell Governmental Affairs for federal
legislative consultant services and, further, authorize the City Manager to sign the agreement.
(e) Resolution No. 3443, a Resolution authorizing the sale of Police Department seizure /forfeiture
vehicles considered surplus to City needs.
1. Agenda Report from Rick Terway, Administrative & Community Services Director dated
November 16, 2012.
2. Memo from Chief Metzger.
3. Proposed Resolution.
To approve Resolution No. 3443, authorizing the sale of Police Department seizure /forfeiture
vehicles considered surplus to City needs.
*(f) Right -of -Way Dedication for a Portion of West Court Street (MF# DEED2012 -005):
1. Agenda Report from Dave McDonald, City Planner dated November 27, 2012.
2. Overview Map.
3. Vicinity Map.
4. Right -of -Way Dedication Deed.
To accept the deed from Moore's Real Estate Investments, LLC for a portion of right -of -way for
West Court Street.
(RC) MOTION: I move to approve the Consent Agenda as read.
4. PROCLAMATIONS AND ACKNOWLEDGMENTS:
(a)
(b)
(c)
Regular Meeting 2 December 3, 2012
5. VISITORS - OTHER THAN AGENDA ITEMS:
(a)
(b)
(c)
6. REPORTS FROM COMMITTEES AND /OR OFFICERS:
(a) Verbal Reports from Councilmembers
(b)
(c)
7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING
THERETO:
*(a) 2013 Annual Operating and Capital Projects Budgets.
1. Agenda Report from Dunyele Mason, Finance Manager dated November 26, 2012.
2. Proposed 2013 Annual Operating Budget Ordinance.
3. Proposed 2013 Capital Projects Budget Ordinance.
CONDUCT A PUBLIC HEARING
Ordinance No. an Ordinance adopting the City of Pasco Operating Budget for the Year
2013.
MOTION: I move for the fast reading of Ordinance No. , for consideration of the 2013
Annual Operating Budget.
-AND -
Ordinance No. , an Ordinance adopting the City of Pasco Capital Projects Budget for
the Year 2013.
MOTION: I move for the first reading of Ordinance No. , for consideration of the 2013
Capital Projects Budget.
81 ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
(a) Non - Represented Cost of Living Adjustment:
1. Agenda Report from Gary Crutchfield, City Manager dated November 28, 2012.
2. Proposed Ordinance, Non - Represented, Non - Management Wage Plan.
3. Proposed Ordinance, Management Salary Plan.
Ordinance No. an Ordinance concerning wages for certain Non - Management, Non -
Represented personnel for the calendar year 2013.
MOTION: I move to adopt Ordinance No. , providing a cost -of- living adjustment in the
non - represented, non - management wage plan beginning January 1, 2013 and, further, authorize
publication by summary only.
9.VL"l
Ordinance No. an Ordinance concerning the salaries for Management positions for the
calendar year 2013.
MOTION: I move to adopt Ordinance No. , providing a cost -of- living adjustment in the
management salary plan beginning January 1, 2013 and, further, authorize publication by
summary only.
(b) Ordinance No. an Ordinance of the City of Pasco, Washington amending PMC
11.02.050 "Notice of Civil Violation" and PMC 11.02.060 "Hearing Before the Code
Enforcement Board" providing for Mandatory Appearance and Minimum Penalties for Repeat
Violations.
1. Agenda Report from Mitch Nickolds, Inspection Services Manager dated November 20,
2012.
2. Proposed Ordinance.
MOTION: I move to adopt Ordinance No. , amending Section 11.02.050 and 11.02.060
of the Pasco Municipal Code and, further, authorize publication by summary only.
Q *(c) Resolution No. a Resolution accepting the Planning Commission's recommendation and
approving a Special Permit for the location of a tutoring center.
1. Agenda Report from Shane O'Neill, Planner I dated November 26, 2012.
2. Vicinity Map.
3. Proposed Resolution.
4. Report to Planning Commission.
5. Planning Commission Minutes dated 10/18/12 and 11/15/12.
MOTION: I move to approve Resolution No. _, approving a special permit for a tutoring
center at 117 South 3 d Avenue as recommended by the Planning Commission.
3
9, UNFINISHED BUSINESS:
(None)
10. NEW BUSINESS:
*(a) Property Purchase Agreement:
December 3. 2012
1. Agenda Report from Stan Strebel, Deputy City Manager dated November 28, 2012.
2. Vicinity Map.
3. Overview Map.
4. Real Estate Purchase Agreement.
MOTION: I move to approve the Real Estate Purchase Agreement with Old Standard Life
Insurance Company, in Liquidation, and to ratify the City Manager's execution thereof.
11. MISCELLANEOUS DISCUSSION:
(a)
(b)
(c)
12. EXECUTIVE SESSION:
(a) Real Estate Acquisition
(b)
(c)
13. ADJOURNMENT.
(RC) Roll Call Vote Required
* Item not previously discussed
MF# "Master File #...."
Q Quasi - Judicial Matter
REMINDERS:
1. 1:30 p.m., Monday, December 3, KGH — Emergency Medical Services Board Meeting.
(COUNCILMEMBER TOM LARSEN, Rep.; AL YENNEY, Alt.)
2. 4:30 -6:30 pm., Monday, December 3, Courtyard by Marriott, Richland — 10°i
Annual Elected Leaders
Reception.
(MAYOR MATT
WATKINS; COUNCILMEMBERS REBECCA FRANCIK, MIKE
GARRISON,
BOB HOFFMANN,
TOM LARSEN, SAUL MARTINEZ and AL
YENNEY)
3. 12:00 p.m., Wednesday, December 5, 2601 N. Capitol Avenue — Franklin County Mosquito Control
District Meeting. (COUNCILMEMBER BOB HOFFMANN, Rep.; AL YENNEY, Alt.)
4. 5:30 p.m., Thursday, December 6, P &R Classroom — Parks & Recreation Advisory Board Meeting.
(COUNCILMEMBER SAUL MARTINEZ, Rep.; MIKE GARRISON, Alt.)
5. 5:30 p.m., Thursday, December 6, 710 W. Court Street — Benton - Franklin Community Action
Connections Meeting. (COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.)
REGULAR MEETING
CALL TO ORDER:
MINUTES
PASCO CITY COUNCIL NOVEMBER 19, 2011
The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor.
ROLL CALL:
Councilmembers present: Rebecca Francik, Robert Hoffmann, Tom Larsen, Saul
Martinez, Matt Watkins and Al Yenney. Excused: Mike Garrison.
Staff present: Gary Crutchfield, City Manager; Leland Kerr, City Attorney; Stan Strebel,
Deputy City Manager; Richard Terway, Administrative & Community Services Director;
Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public
Works Director; Bob Gear, Fire Chief and Mike Pawlak, City Engineer.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA:
(a) Approval of Minutes:
Minutes of the Pasco City Council Meeting dated November 5, 2012.
(b) Bills and Communications:
To approve General Claims in the amount of $15430,610.64 ($206,541.95 in the form of
Electronic Fund Transfer Nos. 12309, 12355, 123775 12378, 12498 and 12514; and
$1,224,068.69 in the form of Wire Transfer Nos. 1261 through 1263, and Claim Warrants
numbered 190243 through 190258).
To approve bad debt write -offs for utility billing, ambulance, cemetery, general accounts,
miscellaneous accounts, and Municipal Court (non - criminal, criminal, and parking)
accounts receivable in the total amount of $228,806.15 and, of that amount, authorize
$146,945.53 be turned over for collection.
MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Martinez
seconded. Motion carried by unanimous Roll Call vote.
VISITORS - OTHER THAN AGENDA ITEMS:
Mr. Mac Miller, Boise Idaho, addressed Council concerning a rock in Volunteer Park.
REPORTS FROM COMMITTEES AND /OR OFFICERS:
Mr. Yenney attended the Benton Franklin Council of Governments Board meeting and
reported on the Hanford Area Economic Investment Fund meeting.
Mr. Martinez congratulated Ms. Saundra Hill, Superintendent of Pasco School District,
for receiving the `2013 Superintendent of the Year' award from Washington Association
of School Administrators.
Mayor Watkins and Mr. Crutchfield met with State Senator Schoesler to discuss the
upcoming legislative session and the priorities of the City of Pasco.
HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS
RELATING THERETO:
2013 Property Tax Levy,
Mr. Crutchfield explained the options for the Property Tax Levy.
3(a).1
MINUTES
REGULAR MEETING PASCO CITY COUNCIL NOVEMBER 19, 2011
MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE PROPOSED
2013 PROPERTY TAX LEVY.
No one offered comment on the 2013 Property Tax Levy.
MOTION: Ms. Francik moved to continue the public hearing to a Special Meeting on
November 26. Mr. Yenney seconded. Motion carried unanimously.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS:
Ordinance No. 4078, an Ordinance assigning zoning to certain real property within
the City of Pasco.
MOTION: Ms. Francik moved to adopt Ordinance No. 4078, establishing R -S -20
and C -1 Zoning for the Riverview Annexation Area #2 and, further, authorize publication
by summary only. Mr. Yenney seconded. Motion carried unanimously.
NEW BUSINESS:
Joint Use of County Facility, Municipal Court:
MOTION: Ms. Francik moved to approve the Interlocal Agreement with Franklin
County for joint use of the County Facility and, further, authorize the Mayor to sign the
Agreement. Mr. Martinez seconded. Motion carried unanimously.
Bargaining Contract for Uniformed Police Department Represented Employees:
MOTION: Ms. Francik moved to approve the Collective Bargaining Agreement with the
Pasco Police Officers Association, uniformed employees, for years 2011 -2013 and,
further, authorize the Mayor to sign the Agreement. Mr. Yenney seconded. Motion
carried unanimously.
Oregon Avenue Corridor:
MOTION: Ms. Francik moved to approve the Professional Services Agreement with
CH2MHill, authorizing professional services with respect to the Oregon Avenue
Corridor, not to exceed $350,000.00 and, further, authorize the Mayor to sign the
Agreement. Mr. Yenney seconded. Motion carried unanimously.
Award Road 56 Water Main Replacement, Project #C7- WT- 2R- 12 -05:
Council and staff discussed the details of the proposed project.
MOTION: Ms. Francik moved to award the low bid for the Road 56 Water Main
Replacement Project to Big D's Construction of Tri- Cities in the amount of $251,678.33,
including applicable sales tax and, further, authorize the Mayor to sign the contract
documents. Mr. Martinez seconded. Motion carried by unanimous Roll Call vote.
Award 5th Avenue Sewer Repair, Project #C7- SE- 2R- 12 -20:
Council and staff discussed the details of the proposed project.
MOTION: Ms. Francik moved to award the low bid for the 5th Avenue Sewer Repair
Project to Ray Poland & Sons, Inc., in the amount of $81,178.50, including applicable
sales tax and, further, authorize the Mayor to sign the contract documents. Mr. Martinez
seconded. Motion carried by unanimous Roll Call vote.
REGULAR MEETING
EXECUTIVE SESSION:
MINUTES
PASCO CITY COUNCIL NOVEMBER 19, 2011
Council adjourned to Executive Session at 7:28 p.m. for approximately 20 minutes to
consider acquisition of Real Estate and establish the sales price or lease amount of Real
Estate with the City Manager and the City Attorney.
Mayor Watkins called the meeting back to order at 7:38 p.m. and noted no action was
taken during Executive Session. He also reminded everyone that City Hall will be closed
the 22nd and 23`d for the Thanksgiving Holiday.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 7:38 p.m.
APPROVED:
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
PASSED and APPROVED this 3 day of December, 2012.
SPECIAL MEETING
CALL TO ORDER:
MINUTES
PASCO CITY COUNCIL NOVEMBER 26, 2012
The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor.
ROLL CALL:
Councilmembers present: Rebecca Francik, Michael Garrison, Saul Martinez, Matt
Watkins, Robert Hoffmann, Tom Larsen and Al Yenney.
Staff present: Gary Crutchfield, City Manager; Lee Kerr, City Attorney; Stan Strebel,
Deputy City Manager; Rick White, Community & Economic Development Director;
Rick Terway, Administrative & Community Services Director; Ahmad Qayoumi, Public
Works Director; Bob Gear, Fire Chief; and Bob Metzger, Police Chief.
The meeting was opened with the Pledge of Allegiance.
BUSINESS ITEM — RECONVENED PUBLIC HEARING:
2013 Property Tax Levy:
MOTION: Ms. Francik moved to adopt Ordinance 4079, providing for the 2013 Ad
Valorem Tax Levy, a levy for the 1999 Unlimited Tax General Obligation Bonds and the
2002 Unlimited Tax General Obligation Refunding Bonds — Option No. 2. Mr. Garrison
seconded.
Mayor Watkins explained the item and motion were continued for further
discussion from the November 19th City Council meeting.
Council discussion continued.
Motion passed 7 — 0.
MOTION:
Ms. Francik moved to
adopt Ordinance 4080,
preserving Property Tax Levy
capacity for
fiscal years after 2012
in accordance with state
law.
Council discussion continued.
Motion passed 6 — 1; No - Larsen.
ADJOURNMENT:
There being no further business, the meeting was adjourned at 7:08 p.m.
APPROVED:
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
PASSED and APPROVED this 3rd day of December, 2012.
3(a).2
CITY OF PASCO
Council Meeting of: December 3, 2012
Accounts Payable Approved
The City Council
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby certify under penally of perjury that the materials have been furnished, the
Nices rendered or the labor performed as described herein and that the claim is a just, due and unpaid
obligat' ag 'nst the city and that we are authorized to authenticate and certify to said claim.
unyele Maffin, Finance Services Manager
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do
hereby certify on this 3rd day of December, 2012 that the merchandise or services hereinafter specified have been received:
Check Numbers and 190451- 190626 In The Amount Of: $696,765.18
Electronic Funds Transfers: 1259- 1260.1264
1265 -1266
Electronic Funds Transfers:
(Journal Entries)
Councilmember
In The Amount Of: $ 122,608.34
12582,12617,12649
GENERALFUND:
Legislative
Judicial
Executive
Police
Fire
Administration & Community Services
Community Development
Engineering
Non - Departmental
Library
TOTAL GENERAL FUND:
Combined total of $819,373.52
Councilmember
SUMMARY OF CLAIMS BY FUND:
STREET
ARTERIAL STREET
STREET OVERLAY
C. D. BLOCK GRANT
HOME CONSORTIUM GRANT
NSP GRANT
KING COMMUNITY CENTER
AMBULANCE SERVICE
CEMETERY
ATHLETIC PROGRAMS
GOLF COURSE
SENIOR CENTER OPERATING
MULTI MODAL FACILITY
RIVERSHORE TRAIL & MARINA MAIN
SPECIAL ASSESSMNT LODGING
LITTER CONTROL
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
PARKS
STADIUM /CONVENTION CENTER
GENERAL CAP PROJ CONSTRUCTION
WATERISEWER
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
EQUIPMENT RENTAL- OPERATING BUSINESS
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
EQUIPMENT RENTAL- REPLACEMENT BUSINESS
MEDICAL/DENTAL INSURANCE
CENTRAL STORES
PAYROLL CLEARING
LID CONSTRUCTION
PUBLIC FACILITIES DIST
TRI CITY ANIMAL CONTROL
SENIOR CENTER ASSOCIATION
GRAND TOTAL ALL FUNDS:
38.00
212,321.45
17,728.85
0.00
0.00
122.83
12.18
166.84
652.79
6,612.36
1,870.71
4,640.93
31,140.19
42,982.51
672.84
778.14
0.00
1,624.94
19.50
0.00
51,290.25
0.00
0.00
50,280.23
0.00
$ 819,373.52
3(b).1
CITY OF PASCO
Payroll Approval
The City Council
City of Pasco
Franklin County, Washington
The follow' is a summary of payroll claims against the City of Pasco for the month of
November 201jKwhjch are p�q"d herewith for your review and approval.
Council Meeting of:
December 3, 2012
Rick Terway, Administrative & Community Services Director
We, the undersigned City Council members of the City Council of the City of Pasco, Franklin County,
Washington, do hereby certify that the services represented by the below expenditures have been received
and that payroll voucher No's. 44994 through 45096 and 80210 through 80219 and EFT deposit
No's. 30055545 through 30056379 and City contributions in the aggregate amount of $2,950,095.22 are
approved for payment on this 3rd day of December 2012.
Councilmember
Councilmember
SUMMARY OF PAYROLL BY FUND
GENERALFUND:
56,257.21
Legislative
$ 11,810.93
Judicial
114,071.66
1,252.76
Executive
95,819.43
Police
856,522.27
Fire
409,805.86
Administrative & Community Services
384,461.54
Community Development
1232458.62
Engineering
1463972.30
TOTAL GENERAL FUND
2,142,922.61
19,495.42
CITY STREET
56,257.21
BLOCK GRANT
11,185.35
HOME CONSORTIUM
1,252.76
NSP
149.72
MARTIN LUTHER KING CENTER
9,443.06
AMBULANCE SERVICE FUND
229,115.78
CEMETERY
15,138.09
ATHLETIC FUND
2,339.79
SENIOR CENTER
19,495.42
STADIUM OPERATIONS
0.00
MULTI -MODAL FACILITY
0.00
BOAT BASIN
0.00
REVOLVING ABATEMENT FUND
0.00
TASK FORCE
0.00
WATER /SEWER
416,558.29
EQUIPMENT RENTAL - OPERATING
39,383.22
OLD FIRE PENSION FUND
61853.92
GRAND TOTAL ALL FUNDS
$ 2,950,095.22
Payroll Summary
Net Payroll 1,425,283.96
Employee Deductions 853,877.51
Gross Payroll 2,279,161.47
City of Pasco Contributions 670,933.75
Total Payroll $ 2,950,095.22
3(b).2
TO: City
FROM: Gary
November 19, 2012
Manager Workshop Mtg.: 11/26/12
Regular Mtg.: 12/3/12
SUBJECT: Interlocal Agreement for Emergency Management Services
I. REFERENCE(S):
1. Proposed Interlocal Agreement
2. 2013 Schedule of Local Assessments
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
11/26 Discussion
12/3: MOTION: I move to approve the Interlocal Agreement for Emergency
Management Services and, further, authorize the Mayor to sign the
agreement.
III. FISCAL IMPACT:
Approximately $8,000 annually
IV. HISTORY AND FACTS BRIEF:
A) State Law (RCW 38.52) requires all cities and counties in the state of Washington
to establish a local emergency management program so as to assure that all
citizens are afforded the prescribed level of emergency preparation at the local
level. RCW 39.34 ( Interlocal Cooperation Act) further authorizes cities and
counties to jointly exercise their responsibilities through an interlocal agreement.
Franklin County and the four municipalities within the county (Pasco, Mesa,
Connell and Kahlotus) entered into an interlocal agreement in the late 1980s to
create the Franklin County Emergency Management Agency. That agreement has
been updated several times over the course of the past 20+ years and the current
agreement expires at the end of 2012.
B) The proposed agreement has been updated but will continue the existing agency in
the same fashion it has existed for the past 20 years. The financial provision
(Section 9) remains the same; that portion of the operating budget not covered by
grants from state or other agencies must be provided by the participating
jurisdictions based on their respective share of the county -wide population. This
means Pasco pays nearly 80% of the local assessment for the operating budget.
V. DISCUSSION:
A) The proposed agreement is essentially the same as the expiring agreement and will
extend the agency through December 2020. The city would likely spend more than
$8,000 annually if it were to operate its own emergency management function.
Staff recommends Council approval of the interlocal agreement.
3(c)
FRANKLIN COUNTY
EMERGENCY MANAGEMENT
502 Boeing Street
Pasco, WA 99301
(509) 545 -3546 Fax: (509) 545 -2139
January 2013 — December 2020
THIS AGREEMENT, made and entered into by and between the COUNTY OF
FRANKLIN, a political subdivision of the state of Washington, and CITY OF PASCO, CITY
OF MESA, CITY OF CONNELL, and the CITY OF KAHLOTUS, all incorporated
municipalities of the State of Washington.
WHEREAS, RCW 38.52.070, EMERGENCY MANAGEMENT ACT, authorizes and
directs each political subdivision of this state to establish a local organization for emergency
management in accordance with the State Emergency Management Plan and Program and,
specifically permits the General of the State Military Department to authorize two or more
entities to join together in the establishment and operation of a local organization for emergency
management; and,
WHEREAS, RCW 39.34, INTERLOCAL COOPERATION ACT, authorizes political
subdivisions to jointly exercise their powers, privileges, or authorities with other political
subdivisions of this state through the execution of an interlocal cooperative agreement as
authorized pursuant to RCW 38.52.091; and,
WHEREAS, the Board of County Commissioners of Franklin County and the
incorporated municipalities of Pasco, Mesa, Connell, and Kahlotus desire to join together to
establish and operate a program to mitigate, prepare for, respond to, and recover from, disasters
and other extraordinary emergencies, both natural and human caused;
NOW, THEREFORE, in consideration of the promises and agreements herein
contained, and subject to terms and conditions hereinafter set forth, it is mutually understood and
agreed by the parties signatory to this Agreement as follows:
Section 1. Definitions. The following terms when used herein are defined as follows:
A. "Agency" refers to Franklin County Emergency Management.
B. "Board" refers to the Board of Directors of Franklin County Emergency Management.
C. "County" refers to the County of Franklin.
D. "Director" refers to the Director of Franklin County Emergency Management.
Page 1 of 13
E. "Emergency or Disaster" shall mean an event or set of circumstances which: (a)
Demands immediate action to preserve public health, protect life, protect public property,
or to provide relief to any stricken community overtaken by such occurrences, or (b)
reaches such a dimension or degree of destructiveness as to warrant the governor
declaring a state of emergency pursuant to RCW 43.06.010.
F. "Emergency Management' refers to the preparation for and the carrying out of all
emergency functions, other than functions for which military forces are primarily
responsible, to mitigate, prepare for, respond to, and recover from emergencies and
disasters, and to aid victims suffering from emergencies or damage, resulting from
disasters caused by all hazards, whether natural or man-made, and to provide support to
search and rescue operations for persons or property in distress. However, "emergency
management' does not mean preparation for emergency evacuation or relocation of
residents in anticipation of nuclear attack.
G. "Hazard" is a dangerous event or circumstance which has the potential to escalate into an
emergency or a disaster.
H. "Incorporated Municipalities" refers to the cities of Pasco, Mesa, Connell, and Kahlotus.
Section 2. Purpose.
As a result of existing increasing possible occurrences of disasters, and in order to ensure jointly
shared capacity to respond to such emergencies within Franklin County, the purpose of this
Agreement is to create an emergency management agency and establish the rights and
responsibilities of its members.
Section 3. Agency Established.
A. The Agency hereby established by this Agreement is to be comprised of the County and
the Incorporated Municipalities and shall be designated The Franklin County Emergency
Management Agency as defined in RCW 38.52.005.
B. The Agency shall commence its existence upon the approval of this agreement by
appropriate ordinance or resolution adopted by the Board of Franklin County
Commissioners and the Councils of the Incorporated Municipalities, subject to the
approval of the State Emergency Management Division.
C. Any incorporated city or town within the county may become a participating member of
this agency upon the adoption of the resolution by its council to that effect, its Agreement
to the provisions hereof, and the deposit with the Director of Franklin County Emergency
Management, a copy of this Agreement duly executed by such city or town.
Section 4. Powers and Responsibilities of the Agency.
In accordance with RCW 38.52.070, the agency is designated as the local organization for
emergency management for the incorporated municipalities, and shall:
Page 2 of 13
A. Operate and have emergency powers as authorized by RCW 38.52.070 and exercise
disaster control and coordination through the agency office or through the Emergency
Operations Center.
B. Provide service, equipment, and personnel to the member jurisdictions to assist them with
emergency management functions.
C. Provide an emergency management organization to coordinate organizational activities
and to minimize death, injury, and damages during natural disasters or man -made
disasters.
D. Coordinate local emergency service planning with the federal government, State of
Washington, neighboring counties and states, military organizations, and other support
networks.
E. Provide for the effective utilization of resources within or from outside the Incorporated
Municipalities to minimize the effects of disaster and to request assistance as needed
through established emergency service avenues, county to state, state to region, region to
national levels.
F. Seek compensation coverage for volunteers who suffer injury or equipment loss or
damage as a result of emergency service duty.
G. Establish and maintain training and public information programs.
H. Identify and develop capability and protection for the population to monitor and
decontaminate the effects of radioactivity.
I. Develop a system for warning and providing information and instruction to the general
public.
J. Perform routine office procedures, correspondence, and inventory.
K. Retain and maintain such books, records, documents and other evidence and accounting
procedures and practices, which sufficiently and properly reflect all direct and indirect
costs expended in the performance of this Agreement subject to reasonable inspection,
review, or audit by any of the parties hereto, or the Office of the State Auditor, and shall
promptly provide copies of such records which are not exempt or priviledge as requested
under the Public Records Act.
Section 5. Board of Directors.
A. Board of Directors is created to directly govern the Agency for the executive heads of the
Incorporated Municipalities signatory to this Agreement and to establish policies and to
do all things necessary to insure efficient and functional operation thereof.
B. The Board of Directors shall consist of seven (7) members as follows:
Page 3 of 13
1. The executive head of the County of Franklin or his or her officially designated
representative.
2. One appointee by the executive head of the County of Franklin or his or her
officially designated representative.
3. The mayor of the City of Pasco or his or her officially designated representative.
4. One appointee by the executive head of the City of Pasco or his or her officially
designated representative.
5. The executive
head of the City of Mesa or his or her
officially
designated
representative.
6. The executive
head of the City of Connell or his or her
officially
designated
representative.
7. The executive
head of the City of Kahlotus or his or her
officially
designated
representative.
The Director of the Agency shall be the ex- officio, nonvoting member of the Board
C. The Board shall follow the approved By -laws of the Agency.
Section 6. Powers and Responsibilities of the Director.
A. Subject to the direction and control of the Board, the Director shall have direct
responsibility for the day to day development, operation, and management of the Agency,
including, but not limited to:
1. Implementation of policies, programs, and directives of the Board.
2. Issuance of recommendations and reports to the Board as deemed necessary by
the Board.
3. Representation of Agency programs on behalf of the Board in dealings with
public and/or private organizations pertaining to emergency services and
disasters.
4. Recruitment, development, and training of employees and volunteers in the
coordination, advancement, and exercising of an overall Agency effort for the
purposes of this Agreement.
5. Maintaining of the Franklin County Comprehensive Emergency Management
Plan for the County and its Incorporated Municipalities which conforms to the
State Comprehensive Emergency Management Plan and Program.
Page 4 of 13
6. Preparation and submittal to the Board of an annual budget and work program for
the Agency.
B. In the event of a disaster as defined by RCW 38.52.010(6) or as declared by the Governor
of the State of Washington as provided by law, the Director shall be empowered, with the
concurrence of the Board:
1. To make and issue regulations and rules on matters reasonably related to the
immediate protection of life and property as affected by such disaster, provided,
however, such rules and regulations shall be confirmed by the Board at the
earliest practicable time.
2. To obtain vital supplies, equipment, and such other properties found to be lacking
and necessary for the protection of life and property, and to bind the Agency for
the fair value thereof, and, if required immediately to commandeer the same for
public use in accordance with law.
3. To acquire emergency services of any officer or employee of the parties signatory
to this Agreement, to requisition necessary personnel or material of any County
department or agency with concurrence of the Chair of the Board of Franklin
County Commissioners or of any city department or agency with concurrence of
the Mayor of such city, to command the aid of as many citizens of Franklin
County as deemed necessary in the execution of the Director's duties, such
persons to be entitled to all privileges, benefits, and immunities provided by State
law for registered emergency workers.
4. To execute the special powers conferred upon the Director by this Agreement, or
by resolution adopted pursuant hereto, or conferred upon the Director by statute,
or by agreements approved by the Board, or other lawful authorities.
Section 7. Fund Establishment,
A. There is hereby created and established a special pooled fund designated the "Franklin
County Emergency Management Fund ". It is agreed upon by the parties signatory to this
Agreement that said fund shall be administered by the Treasurer of Franklin County. Any
and all unexpended Agency monies at year end shall be carried forward into the
following fiscal year budget.
B. All monies collected and received on account of the Agency, including financial
contributions by the parties' signatory to this Agreement in accordance herewith, shall be
deposited into said fund.
C. The
Director of the Agency shall authorize
expenditures from
said fund in accordance
with
the Director's Extent of Administrative
Authority approved
by the Board.
Page 5 of 13
Section 8. Budgets.
A. Fiscal year
budgets for the
Agency shall be prepared by
the Director not later than
October 30,
for the following
year, subject
to approval by the
Board.
B. Budgets shall not be approved at any meetings of the Board without at least fourteen (14)
days notice thereof to members of the Board.
C. Approval shall be by a simple majority of the voting members of the Board.
Section 9. Funding.
A. Deficit
portions of Board approved
Agency
budgets not
funded by grants or gifts shall be
funded
by contributions paid by the
parties'
signatory to
this Agreement.
B. The contribution amounts shall be reviewed yearly by the Board for inclusion into the
annual budgets of the parties' signatory to this Agreement and shall be calculated by the
following formula:
POPULATION OF INCORPORATED MUNICIPALITY
DIVIDED BY = % OF DEFICIT PORTIONS
TOTAL COUNTY POPULATION FUNDED BY SIGNATORIES
C. In the event of an emergency which results in costs to the agency above and beyond the
normal, budgeted expenses for operation and administration, such excess costs shall be
borne by the party or parties affected by the emergency and promptly remitted to the
Agency fund, provided, that the Director of the agency shall obtain approval of the
affected parties at the earliest opportunity. If in any case, the Board is unable to agree
upon the proper contributions of the parties signatory to this Agreement for the cost of
emergency management, the question of such decision shall be referred to the State
Emergency Management Council for arbitration and the decision of that Council shall be
final and binding upon the parties signatory to this Agreement.
Section 10. Property,
A. For the purposes of this Agreement, both monies and property shall be considered a part
of the agency fund.
B. The Director of the Agency shall maintain the custody and control of all property and
equipment acquired by or loaned to the Agency fund.
C. The ownership of all property, equipment, or monies acquired by or through the Agency
fund on or after the execution of this Agreement shall be shared by the parties' signatory
to this Agreement in proportion to the financial and contributed service value of each
party in the year of acquisition of such property, equipment, or monies.
Page 6 of 13
D. The ownership of property or equipment loaned or contributed for use by the Agency by
any party signatory to this Agreement shall remain the property of the loaning or
contributing party.
E. In the event that any party signatory to this Agreement withdraws from this Agreement
prior to its termination as provided herein, any property or equipment loaned or
contributed by such party shall be returned to such party within ninety (90) days
following the date of such party's withdrawal.
Section 11. Rights and Liabilities.
Whenever an employee of any of the parties of this Agreement is rendering aid outside his/her
jurisdictional territory pursuant to this Agreement, such employee shall have the same powers,
duties, rights, privileges, and immunities as if they were performing their duties within the
jurisdiction of their employment.
For any political jurisdiction within which any equipment as provided under this Agreement is
used in response to emergency, that jurisdiction shall be liable for any loss or damage to such
equipment and shall pay any expense incurred in the operation and maintenance thereof. No
claim for such loss, damage, or expense shall be allowed, unless within sixty (60) days after the
damage or expense is sustained or incurred, an itemized notice of such claim, under oath, is
served by mail or otherwise upon the executive head of such political jurisdiction in which the
equipment was used.
Section 12. Hold Harmless and Indemnification.
Except in those situations where the parties have statutory or common -law immunity, or those
governed by RCW 38.52.190 through RCW 38.52.260, each party shall defend, indemnify and
hold harmless the others from liability or any claim, demand, or suit arising from that party's
participation under the terms of this Agreement because of said party's negligent actions or
omissions. Each party shall promptly notify the other in the event of such a claim.
Section 13, Dispute Resolution.
In the event a dispute arises among, or between any of the parties regarding enforcement, breach,
or interpretation of this Agreement, the Director of the Agency established under Section 3 shall
meet with the executive head of the jurisdiction in dispute, in a good faith effort to resolve the
dispute, with or without agreed mediation. All disputes other than those required to be arbitrated
before the State Director as required by RCW 38.52, shall be resolved by binding arbitration
pursuant to RCW 7.04A, with venue being placed in Pasco, Franklin County, Washington; and
the arbitrator shall award to the substantially prevailing party, judgment for its attorney fees and
costs against the other. In the event of a de novo review, all parties waive their right to a jury
trial.
Page 7 of 13
Section 14. Interlocal Agreement Provisions.
This Agreement is entered into pursuant to RCW 39.34 as an interlocal cooperation agreement.
This Agreement shall be filed with the Franklin County Auditor or placed on any participating
agency's website or other electronically retrievable public source.
Section 15. Compensation Board Established.
A Compensation Board if required, shall be established, meet, and perform such duties in the
manner authorized and required by RCW 38.52.210 -280.
Section 16. Term.
This Agreement shall commence upon execution by all the parties, and shall terminate at
midnight on the thirty -first day of December, 2020.
Section 17. Withdrawal.
Any party signatory hereto may withdraw from this Agreement effective December 31, of any
year by providing written notice to the Board at least 6 months prior to the planned termination
date.
Section 18. Amendments.
This Agreement may be amended only by a written agreement signed by all parties hereto.
Section 19. Waiver.
Failure by either party at any time to require performance by any party to this Agreement, or to
claim a breach of any provision of this Agreement, shall not be construed as affecting any
subsequent breach or the right to require performance or affect the ability to claim a breach with
respect thereto.
Section 20. Severability.
If any portion of this
Agreement or
its
application to
any person, place, or
circumstance is held
invalid, the remainder
or application
to
other persons or circumstances shall
not be affected.
Page 8 of 13
COUNTY OF FRANKLIN
County Commissioner
County Commissioner
County Commissioner
ATTEST:
County Clerk to the Board
Approved As To Form:
Prosecuting Attorney, Deputy
Page 9 of 13
CITY OF PASCO
Mayor
ATTEST:
City Clerk
Approved As To Form:
City Attorney
Page 10 of 13
CITY OF CONNELL ATTEST:
Mayor
City Clerk
Approved As To Form:
City Attorney
Page 11 of 13
CITY OF MESA
Mayor
ATTEST:
City Clerk
Approved As To Form:
City Attorney
Page 12 of 13
CITY OF KAHLOTUS ATTEST:
Mayor
City Clerk
Approved As To Form:
City Attorney
Page 13 of 13
*
FRANKLIN COUNTY
EMERGENCY MANAGEMENT
502 Boeing Street
Pasco, WA 99301
(509) 545 -3546 Fax: (509) 545 -2139
September 4. 2012
MEMORANDUM
TO: Franklin County Emergency Management Board
FROM: Franklin County Emergency Management (FCEM)
SUBJECT: 2013 Local Jurisdiction Assessment
2013 Local Jurisdiction Assessment
Jurisdiction
Population*
%
2013
A ESSME T
MINUS MATCH
2013 NET
ASSESSMENT
$20,719.09
$10,200.00
$10,519.09
Pasco
62,670
75.96%
$15,738.97
$7,748.29
$7,990.68
Franklin County
13,820
16.75%
$3,470.76
$1,708.65
$1,762.11
Connell
5,320
6.45%
$1,336.07
$657.75
$678.32
Mesa
495
0.60%
$124.31
$61.20
$63.11
Kahlotus
195
1 0.24%
1 $48.97
1 $24.11
1 $24.86
TOTALS:
1 82,500
1 100%
1 $20,719.09
1 $10,200.00
1 $10,519.09
68,680 Incorporated population for the cities
13,820 Unincorporated population for the county
82,500 Total estimated Franklin County Population for 2012
* Population data was taken from the State of Washington, Office of
Financial Management's April 1 Population report for 2012
* Does not include expenses incurred for the MCC in 2012
GaFOEM sessment12013120134U,isdialon- Assessment 91412012
AGENDA REPORT
TO: City Council".
FROM: Gary Crutchfield Manager
SUBJECT: Federal Legislative Consulting Agreement
I. REFERENCE(S):
Proposed Agreement
November 20, 2012
Workshop Mtg.: 11/26/12
Regular Mtg.: 12/3/12
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
11/26: Discussion
12/3: MOTION: I move to approve the agreement with Gordon Thomas Honeywell
Governmental Affairs for federal legislative consultant services and,
further, authorize the City Manager to sign the agreement.
III. FISCAL IMPACT:
$60,000 annually
IV. HISTORY AND FACTS BRIEF:
A) The city has contracted with the consulting firm of Gordon Thomas Honeywell
(GTH) for legislative assistance at the state level for several years. In early 2009,
the city entered into a separate agreement with the Washington DC division of
GTH to provide for legislative consulting services specifically geared to federal
funding for the Lewis Street Overpass Project.
B) The agreement with the Washington DC office will expire on 12/31/12 and a new
agreement is needed to sustain the consulting effort on the city's behalf in
Washington DC.
V. DISCUSSION:
A) The proposed agreement is identical to the prior agreements, except for the dates.
The scope of work, as identified in the attachment to the agreement, still focuses
on funding for construction of the Lewis Street Overpass project but also includes
lowering Pasco Levee 12 -2 as the final link in the Sacajawea Heritage River Trail.
B) The expense of the contract remains at $5,000 monthly ($60,000 annually). The
assistance of the consultant was beneficial in 2009 through Representative
Hastings' effort to obtain a $750,000 allocation for the project in the 2010 federal
budget. It is also critical to work with other legislative offices to assure the best
opportunity to have Pasco's projects included in new federal funding bills
expected sometime within the next 18 months.
C) In view of the substantial financial benefit for this particular project, staff
recommends the agreement continue for another year.
3(d)
CONSULTING AGREEMENT
GORDON THOMAS HONEYWELL & CITY OF PASCO
This Agreement is entered into by and between City of Pasco and any other party hereto, as is
identified in the consultant's signature block below (hereinafter referred to as "Consultant "),
upon the following terms and conditions:
A. Scope of Work. Consultant will advise and assist the City of Pasco in accordance with
Consultant's Scope of Work, described in Attachment "A" hereto and incorporated herein,
and Consultant will do and produce such other things as are set forth in the Scope of Work
(the "Services "). Consultant's Services will be in compliance with applicable laws,
regulations, rules, orders, licenses and permits, now or hereinafter in effect, and Consultant
shall furnish such documents as may be required to effect or evidence such compliance.
B. Compensation; Expenses. The City of Pasco will pay Consultant for satisfactorily
rendered Services in accordance with the specific terms set forth in Attachment "A."
C. Invoices; Payment. Consultant will furnish the City of Pasco invoices at regular intervals,
as set forth in Attachment "A."
D. Term. Consultant shall promptly begin the Services hereunder on the date set forth in
Attachment "A" and shall terminate same on the date set forth in Attachment "A." The
City or Consultant may terminate Consultant services for convenience at any time prior to
the termination date set forth in Attachment "A," provided that the terminating party
provides 30 -days written notice to the other party.
E. Ownership of Work Product. The product of all work performed under this agreement,
including reports, and other related materials shall be the property of the City of Pasco or
its nominees, and the City of Pasco or its nominees shall have the sole right to use, sell,
license, publish or otherwise disseminate or transfer rights in such work product.
G. Independent Contractor. Consultant is an independent contractor and nothing contained
herein shall be deemed to make Consultant an employee of the City of Pasco, or to
empower Consultant to bind or obligate the City of Pasco in any way. Consultant is solely
responsible for paying all of Consultant's own tax obligations, as well as those due for any
employee /subcontractor permitted to work for Consultant hereunder.
H. Release of Claims; Indemnity. Consultant hereby releases, and shall defend, indemnify
and hold harmless the City of Pasco from and against all claims, liabilities, damages and
costs arising directly or indirectly out of, or related to, Consultant's fault, negligence, strict
liability or produce liability of Consultant, and/or that of any permitted employee or
subcontract or Consultant, pertaining to the Services hereunder.
I. Assignment. Consultant's rights and obligations hereunder shall not be assigned or
transferred without the City of Pasco's prior written consent; subject thereto, this
Agreement shall be binding upon and inure to the benefit of the parties' heirs and
successors.
J. Governing Law; Severability. This Agreement shall be governed by the laws of the State
of Washington, U.S.A. (excluding conflict of laws provisions). If any term or provision of
this Agreement is determined to be legally invalid or unenforceable by a court with lawful
jurisdiction hereover (excluding arbitrators), such term or provision shall not affect the
validity or enforceability of any remaining terms or provisions of this Agreement, and the
court shall, so far as possible, construe the invalid portion to implement the original intent
thereof.
K. Arbitration. Any dispute between the parties related to or arising out of the subject matter
of this Agreement shall be resolved exclusively through binding arbitration under the
Commercial Arbitration Rules of the American Arbitration Association in Washington
State.
L. Entire Agreement; Etc. This Agreement, and its incorporated attachments hereto, state the
entire agreement between the parties regarding the subject matter hereof and supersede any
prior agreements or understandings pertaining thereto. Any modification to this Agreement
must be made in writing and signed by authorized representatives of both parties. Any
provision hereof which may be reasonably deemed to survive the expiration or termination
of this Agreement shall so survive, and remain in continuing effect. No delay or failure in
exercising any right hereunder shall be deemed to constitute a waiver of any right granted
hereunder or at law by either party.
CONSULTANT: CITY OF PASCO
Gordon Thomas Honeywell
Governmental Affairs
Sign:
Print: Tim Schellberg
Title: President
Sign:
Print: Gary Crutchfield
Title: City Manager
Date:
Federal Consulting Agreement
Gordon Thomas Honeywell & City of Pasco
Page 2 of 3
ATTACHMENT "A" TO
CONSULTING AGREEMENT
GORDON THOMAS HONEYWELL & CITY OF PASCO
A. Scope of Work: Consultant shall provide the City of Pasco with the following federal
governmental affairs services:
• Identify and track all federal grants and initiatives that are available to the City of
Pasco that impact funding for the Lewis Street Overpass Project.
• Lobby the Washington State Congressional delegation and other federal officials as
necessary to pursue federal grants and initiatives, including various federal
infrastructure packages: 1) for a road and/or bridge project related to the Lewis Street
Overpass Project; 2) authorization and potential funding for lowering Pasco Levee
12 -2 as the final link in the Sacajawea Heritage River Trail in the Tri- Cities.
• Identify, track and lobby for federal grants and initiatives that benefit the City of
Pasco.
• Work with the City's state
legislative
consultant
to identify, track and
lobby for joint
state and federal initiatives,
grants and
programs
that could benefit the
City.
• Work as a liaison between the City of Pasco and federal officials, Members of
Congress, congressional staff and Administration representatives to impact issues and
projects important to the City.
• Organize meetings for City of Pasco officials, local community leaders and business
leaders to support the congressional requests and provide the City of Pasco with
periodic reports and updates on effort, status and progress.
• Periodically meet in- person with City of Pasco officials to discuss issues, projects and
the status of the City's federal program.
B. Compensation/Expenses: The City of Pasco shall pay Consultant a monthly fee of $5,000
for the services listed above. Consultant shall only bill communication expenses. The
expenses shall not exceed $2,500 for the term of the contract.
C. Invoices/Payments: (a) Consultant shall furnish the City of Pasco with invoices for
services performed on a monthly basis, and (b) the City of Pasco shall pay each of
Consultant's invoices within thirty (30) days after the City's receipt and verification of
invoice.
D. Term of Agreement: Consultant's services shall commence on January 1, 2013 and shall
terminate on December 31, 2013.
Federal Consulting Agreement
Gordon Thomas Honeywell & City of Pasco
Page 3 of 3
AGENDA REPORT
FOR: City Council` / NOVEMBER 16, 2012
TO: Gary Crutchfi Manager Workshop Mtg.: November 26, 2012
Regular Mtg.: December 3, 2012
FROM: Rick Terway, Director, Administr ve & Community Services
SUBJECT: Disposal of Police Seizure /Forfeiture Vehicles
I. REFERENCE(S):
1. Memo from Chief Metzger
2. Proposed Resolution
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
11/26: Discussion
12/3: MOTION: I move to approve Resolution No. L; authorizing the sale of
Police Department seizure /forfeiture vehicles considered surplus to
City needs.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) The Police Department has acquired I 1 seized vehicles through Affidavits in Support
of Default Judgment and Order of Forfeiture and has determined the vehicles to be
surplus to City needs.
B) Because of the age and/or condition of
these vehicles,
there is no blue book value
available. Salvage
value is $300.00 per
vehicle. Staff
requests Council declare the
vehicles surplus to
City needs and authorize staff to sell
at auction.
C) Staff proposes to have the auction consigned to H.A. Rowell Auctioneers, with a
minimum bid of $300.00 each vehicle. A 25% commission is charged on the gross
proceeds with no cost for transporting the items to auction or advertisement thereof.
V. DISCUSSION:
A) Staff recommends approval of the proposed resolution.
3(e)
MEMORANDUM
TO: Debbie Clark, City Clerk
FROM: Bob Metzger, Police Chief
RE: Seizure /Forfeited Vehicles
DATE: 11/20/2012
Here is a list of cars that have been seized and forfeited to the city. These vehicles are in poor
condition, not drivable and value is difficult to determine. We contacted a local salvage yard for an
estimated value on each vehicle as salvage. He would take the vehicles for $300 each, for a total of
$3,300. I would request that you forward these on to council and have them determined excess
inventory and have them sold as per law.
Model
1995
Pontiac Firebird
1977
Pontiac Firebird 2D
1985
Oldsmobile Cutlass
1992
Nissan Regular Cab
1993
Honda Civic
1979
Cadillac Deville
1999
Infiniti Q45
1983
Buick Regal
1992
Chevy Caprice
2000
Daewoo Leganza
1992
Honda Civic
Thank you,
Robert Metzger
Chief of Police
Vin #
Vin# 2G2FVPXS2236128
Vin #2W87Z7N240765
Vin #1 G3 GM47AXFH307811
Vin #1N6SD11 SINC325889
Vin #2HGEH33 88PH504319
Vin #6D47S9C379803
Vin #JNKBY31 A8XM60623 7
Vin# 1 G4AM4748DH870176
Vin #1 GBL53EONW 144777
Vin #KLAVB6927YB286296
Vin# 1 HGED3 5 51 KA050906
RESOLUTION NO. 3- 143
A RESOLUTION authorizing the sale of Police Department
seizure /forfeiture vehicles considered surplus to City needs.
WHEREAS, there are seizure /forfeiture vehicles acquired by the Pasco Police
Department that are surplus to City needs;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PASCO:
SECTION 1: The seizure /forfeiture vehicles listed are declared surplus property:
Model
1995 Pontiac Firebird
1977 Pontiac Firebird 2D
1985 Oldsmobile Cutlass
1992 Nissan Regular Cab
1993 Honda Civic
1979 Cadillac Deville
1999 Infiniti Q45
1983 Buick Regal
1992 Chevy Caprice
2000 Daewoo Leganza
1992 Honda Civic
Vin #
Vin# 2G2FVPXS2236128
Vin #2W87Z7N240765
Vin #1 G3GM47AXFH307811
Vin #1N6SD I 1 S INC325889
Vin #2HGEH3388PH504319
Vin #6D47S9C379803
Vin #JNKBY31 A8XM606237
Vin #1 G4AM4748DH870176
Vin #1 GBL53EONW 144777
Vin #KLAVB6927YB286296
Vin #1 HGED3 551 KA050906
SECTION 2: City staff is hereby authorized to dispose of said surplus property at
auction for a price that is in the best interest of the City.
PASSED by the City Council of the City of Pasco this day of . 2012.
Matt Watkins, Mayor
ATTEST:
Debra L. Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
AGENDA REPORT
FOR: City Counci November 27, 2012
F
TO: Gary Crutch 1 . Manager Regular Mtg.: 12/3/12
Rick White, t
Community & Lconomic Development Director/ WI
FROM: David 1. McDonald, City Planner K/
SUBJECT: Right -of -Way Dedication for a Portion of W Court Street (MF# DEED 2012 -
01
I. REFERENCE(S):
1. Overview Map
2. Vicinity Map
3. Right -of- -Way Dedication Deed
11. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
12/3: MOTION: I move to accept the deed from Moore's Real Estate
Investments, LLC for a portion of right -of -way for West
Court Street,
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A) The owners of Moore's Real Estate Investments are in the process of building a
storage facility at 6509 West Court Street. The property involved with this
development has not provided all the necessary right -of -way for West Court
Street. The Court Street right -of -way between 66"' Place and Road 64 is only 72
feet in width. Arterial streets such as Court Street are typically 80 feet wide. An
additional 4 feet is needed on the north and south sides of Court Street for right -
of -way purposes.
B) The proposed storage facility is located on the north side of Court Street and is
located in the County. Court Street is part of the City. During the County special
permit approval process, a condition was placed on the project requiring the
dedication of 4 feet for additional Court Street right -of -way. Because Court Street
is in the City, the County preferred the right -of -way be dedicated to the City. The
County has worked cooperatively with the City in the past where right -of -way has
been needed for a City street and the benefiting property has been in the County.
A recent example of this cooperation can be found on Road 60 north of Sandifur
Parkway where County residents provided right -of -way to the City to enable
improvements to be completed in Road 60. Again, in this case the developer,
Moore's Real Estate Investments has provided the City with a dedication deed for
the needed right -of -way.
3(f)
After Recordine, Return To:
City of Pasco, Washington
Attn: City Planner
525 North 3`d
Pasco, WA 99301
DEDICATION DEED
Tax Parcel No, 118602049
THE GRANTOR(S), Moore's Real Estate-Investments. LLC by
donation pursuant to RCW 35A.79.010. dedicate, convey and quit claim to
the GRANTEE, THE CITY OF PASCO, a Municipal Corporation of the
State of Washington, for the public use, as a public right -of -way and all
interest in the land described as follows:
The south 4 feet of the following described parcel: The West one -half of the
Southeast quarter of the Southwest quarter of the Southwest quarter of Section
22, Township 9 North, Range 29 East, W.M., except the West 88 feet of the
South 315 feet thereof, and except the East 12 feet of the West 100 feet of the
South 315 feet thereof, and except the South 36 feet for Court Street, Records of
Franklin County, Washington.
DATED this day of Alp ✓E1n& QA 2012,
rGRANTOR(S)
v Wner(S
Dedication Deed - i
STATE OF WASHINGTON )
ss.
County of Franklin
an.,`Qil �'S •,a' ^*''dam% ;ie
On this ern day of NDVtrhdc(L 2012, before me, the
undersigped, du�lyy colnm�ses ned and sworn, personally appeared
Me- ling4k P1/c. , o`me nown to be the individual(s) described above
and who executed the within and foregoing instrument as an agent of the
owner(s) of record, and acknowledged to me that he sh they signed the same as
hist /their free and voluntary act and deed, for the uses and purposes therein
mentioned, and on oath stated that b sh theyiiare authorized to execute the
said instrument.
GIVEN under by hand and official seal this / b day of cam(
a-
Print Name: -S e :t-
NOTARY PUBLIC in and forthe State of Washington
Residing at: t-r . le I i e\
My Commission Expires: /
Dedication Deed - 2
a'
lom sit'*
FOR: City Council
TO: Gary Crutchfi
Rick Terway,
AGENDA REPORT
Community Services Director
FROM: Dunyele Mason: Financial Services Manage
November 26, 2012
Regular Meeting: 12/3/12
SUBJECT: 2013 ANNUAL OPERATING AND CAPITAL PROJECTS BUDGETS
I. REFERENCE(S):
A)
Proposed
2013
Annual
Operating Budget Ordinance
B)
Proposed
2013
Capital
Projects
Budget Ordinance
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATION:
12/3: CONDUCT A PUBLIC HEARING
MOTION: I move for the first reading of Ordinance No. for consideration of
the 2013 Annual Operating Budget.
MOTION: I move for the first reading of Ordinance No. , for consideration of
the 2013 Capital Projects Budget.
III. FISCAL IMPACT:
A)
$1335414,930 -
Annual
Operating Budget
B)
$ 38,342,407 -
Capital
Projects
Budget
IV. HISTORY AND FACTS BRIEF:
The 2013 Preliminary Budget was discussed at the Council workshop meeting held on
November 13, 2012, General Fund Revenues and Expenditures were discussed as well as
other operating fund budgets, and each City Department Head gave a briefing and
answered questions regarding oversight of their respective operating and capital projects
budgets.
A copy of the 2013 Preliminary Budget document is available for review at the Pasco
Public Library. The document is also available for viewing and printing from the City's
internet site at www.pasco- wa.gov, under "Publications" and then clicking on "Financial
Reports" and then clicking on "Budget."
V. DISCUSSION:
There were no changes made since the Council Workshop held on November 13, 2012.
7(a)
ORDINANCE NO.
AN ORDINANCE ADOPTING THE CITY OF PASCO OPERATING BUDGET FOR THE YEAR 2013.
WHEREAS, subsequent to due notice and public hearing thereon, the City Council of the City of Pasco has approved
an operating budget for the year 2013; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN AS FOLLOWS:
Section One. The following budget containing the totals set forth for each fund for the year 2013 is hereby adopted
FUND
EXPENDITURE
REVENUE
GENERAL FUND
$ 41,854,785
$ 41,854,785
CITY STREET FUND
2,188,857
2,188,857
ARTERIAL STREET FUND
11492,735
1,4922735
1 -182 CORRIDOR TRAFFIC IMPACT FUND
1,257,717
11257,717
STREET OVERLAY FUND
3,189,237
31189,237
COMMUNITY DEVELOPMENT GRANT FUND
1,582,373
1,582,373
M.L. KING JR. COMMUNITY CENTER FUND
192,089
192,089
AMBULANCE SERVICES FUND
32587,337
3,587,337
CITY VIEW CEMETERY FUND
310,690
310,690
BOULEVARD PERPETUAL MAINTENANCE FUND
1,387,622
1,387,622
ATHLETIC PROGRAM FUND
277,934
277,934
GOLF COURSE
11773,208
1,773,208
SENIOR CENTER OPERATING FUND
312,608
312,608
MULTI -MODAL FACILITY FUND
135,406
135,406
SCHOOL IMPACT FEES
300,200
300,200
RIVERSHORE TRAIL & MARINA MAINTENANCE FUND
22,509
22,509
SPECIAL LODGING ASSESSMENT FUND
168,971
168,971
LITTER ABATEMENT FUND
21,111
21,111
REVOLVING ABATEMENT FUND
310,460
3102460
TRAC DEVELOPMENT & OPERATING FUND
379,705
379,705
PARK DEVELOPMENT FUND
11899,950
11899,950
CAPITAL IMPROVEMENTS FUND
2,878,123
2,878,123
ECONOMIC & INDUSTRIAL DEVELOPMENT FUND
991,451
991,451
STADIUM / CONVENTION CENTER FUND
366,223
366,223
LID DEBT SERVICE FUND
2,126,977
21126,977
G.O. BOND DEBT SERVICE FUND
855,570
855,570
GENERAL CAPITAL PROJECTS
7,914,552
71914,552
WATER / SEWER UTILITY FUND
37,580,556
37,580,556
EQUIPMENT RENTAL OPERATIONS FUND - GOVERNMENT TYPE
- 11109,794
1,109,794
EQUIPMENT RENTAL OPERATIONS FUND- PROPRIETARY TYPE
532,602
532,602
EQUIPMENT RENTAL REPLACEMENT FUND - GOVERNMENT TYPE
4,851,911
4,851,911
EQUIPMENT RENTAL REPLACEMENT FUND - PROPRIETARY TYPE
2,369,236
2,369,236
MEDICAL / DENTAL INSURANCE FUND
5,083,361
5,083,361
CENTRAL STORES FUND
13,241
13,241
CITY VIEW CEMETERY ENDOWMENT
430,635
430,635
OLD FIRE MEDICAL (OPEB)
1,948,285
1,948,285
OLD FIREMEN'S PENSION TRUST FUND
1,716,909
11716,909
GRAND TOTAL ALL FUNDS
$ 133,414,930
$ 133,414,930
Section Two. This Ordinance shall be in full force and effect on January 1, 2013.
PASSED by the City Council of the City of Pasco this 17th day of December, 2012.
ATTEST:
Debra L. Clark, City Clerk
Approved as to Form:
Matt Watkins, Mayor
Leland B. Kerr, City Attorney
ORDINANCE NO.
AN ORDINANCE ADOPTING THE CITY OF PASCO CAPITAL PROJECTS BUDGET FOR THE YEAR 2013
WHEREAS, subsequent to due notice and public hearing thereon, the City Council for the City of Pasco has approved the following
capital Project Budget for the year 2013; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO DOES ORDAIN AS FOLLOWS:
Section One:
That the capital projects are hereby authorized as detailed. The following schedule summarizes newly authorized projects as well as
continuing projects and constitutes the Capital Projects Budget. The Budget is adopted at the cumulative project level.
Status
Proiect Title
New
General Projects (2012)
Continuing
Fire Alterting Systems
2012 Supp New
Muni Courthouse
Continuing
Financial System - HR & Payroll
Continuing
Financial System - Financials
Continuing
Financial System - Utility & Proj Acctg
- 223,030
Total General (2012)
3,245,092
General Proiects (New 20131
2013 New
City Hall Cooling Tower Replacement
- 194,560
Total General (2013)
850,907
Park & Facilities (2012 Continued)
Continuing
Animal Shelter Facility
- -
Total Parks & Facilities (2012)
Park & Facilities (New 20131
2013 New 30 Acre Park
2013 New Replace Kurtzman Pool
2013 New Memorial Playground Equipment
2013 New Replace Richardson Pool
Total Parks (2013)
Street Construction (2012 Continued)
Continuing Lewis St Overpass
Continuing 4th Ave Corridor- North Segment
Continuing 4th Ave South Street Improve
Continuing Road 68 Improvements (Phase II)
Continuing Oregon Ave (SR397) - Entrance (Ph 2 Intersection)
2012 Supp New Oregon Ave (SR397) - Phase 1
2012 Supp New Oregon Ave (SR397) - Phase 2
Continuing Powerline Road
Continuing Road 68 Widening - South of 1 -182
2012 Supp New Argent Road (Road 44 to 20th Ave)
2012 Supp New St Ignatius Street
2012 Supp New LID #149 Kurtzman - STREETS
Continuing Alley Hard Surfacing (Chip Sealing)
Continuing 2011 STP Grant Overlays
2012 Supp New 4th Ave Block Wall
2012 Supp New ADA Access Handicap Ramp Retrofit
2012 Supp New Interconnect Road 68 Signals
Total Street Construction (2012)
Street Construction (New 2013)
2013 New Lewis St One Way Couplets
2013 New Rd 100 Widening Ph I - Sidewalk Extension
Total Street Construction (2013)
Water Construction (Continued 2012)
Continuing Columbia Water Supply Project
Continuing 2011 Filtrat Plant Improv (Storage Bldg)
Continuing Water Fill Station
2012 Supp New Broadmoor Transmission Waterline
CIP Budget
Increase
New
CIP Budget
2012
IDecrease)
Pro ec
2013
70,000
30,000
- 100,000
-
3,105,292
- 3,105,292
170,120
-
- 170,120
197,940
-
- 197,940
113,230
109,800
- 223,030
551,290
3,245,092
3,796,382
220,000 220,000
220,000 220,000
203,000 203,000
203,000 203,000
- - 360,000
360,000
- - 250,000
250,000
- - 70,000
70,000
o,uuu o,uuv
685,000 685,000
6,359,438
(5880495)
- 5,770,943
470,140
278,710
- 748,850
1,200,000
157,126
- 1,357,126
454,200
212,763
- 666,963
220,000
(132,960)
- 87,040
-
230,400
- 230,400
-
194,560
- 194,560
65,000
850,907
- 915,907
80,000
(80,000)
- -
-
2,500,000
- 2,500,000
-
105,300
- 105,300
-
758,799
- 758,799
80,000
80,000
- 160,000
980,000
136,152
- 1,116,152
-
30,000
- 30,000
-
182,240
- 182,240
200,000
200,000
9,908,778
5,115,502
15,024,280
215,600 215,600
233,600 233,600
579,000 (7,727) - 571,273
100,000 5,300 - 105,300
200,000 (95,096) - 104,904
- 1,188,800 - 1,188,800
Status
Project Title
Continuing
Water Line Replace - Rd 56 (Court & Sylvester)
(Decrease\
Total Water Construction (2012)
204,000
Water Construction (New 2013)
2013 New
Annual Water Line Upsize Match
2013 New
2013 -2017 Butterfield Plant
2013 New
East Side Booster Station Upgrade (BS 2.1)
2013 New
2013 Meter Replace & Cross Connect
2013 New
Com'I /US 12 11-ewis St Water Line
Total Water Construction (2013)
Sewer Construction (2012 Continued)
Continuing
Lift Station - Commercial & Kahlotus Hwy
2012 Supp New
Commercial & Kahlotus Swr Ext - South
Continuing
NW Common Lift Stations '
2012 Supp New
Road 44 Sewer Odor Control
Continuing
2012 Annual Sewer Re- Lining - 5th Ave
Total Sewer Construction (2012)
Sewer Construction (New 20131
2013 New
2013 W WTP Imp - Screw Press
2013 New
Riverview Pump Station
2013 New
2013 Annual Sewer Line Re- lining Program
2013 New
2013 Annual Sewer Line Extensions
Total Sewer Construction (2013)
PWRF Construction (2012 Continued)
2012 Supp New
PWRF Plant Expansion, Phase 1
2012 Supp New
PWRF Plant Expansion, Phase 2
Total PWRF Construction (2012)
PWRF Construction (New 2013)
2013 New
BOD Reduction and Storage, Phase 3
Total PWRF Construction (2013)
Stormwater Construction (2012 Continued)
2012 Supp New
LID#149 Kurtzman - STORM
2012 Supp New
LID#_ Riverview Estate Stormwater
Total Stormwater Const (2012)
Irrigation Construction (2012 Continued)
Continuing
USBR firing Connection
Continuing
Well House - Linda Loviisa
2012 Supp New
Linda Loviisa Well Rehabilitation
Total Irrigation Construction (2012)
Irrigation Construction (New 20131
2013 New
2013 Annual Irrigation Line Extensions
Total Irrigation Construction (2013)
TOTAL CIP BUDGET
TOTAL 2012 CONTINUING
TOTAL 2013 NEW
TOTAL CIP BUDGET
CIP Budget
Increase
New CIP Budget
2012
(Decrease\
Project 2013
204,000
1,600
205,600
1,083,000
1,092,877
2,175,877
- - 75,000
75,000
- - 1,200,000
1,200,000
- - 210,000
210,000
- - 150,000
150,000
507,000
507,000
2,142,000
2,142,000
1,100,000
271,990
- 1,371,990
-
1,727,609
- 1,727,609
71,000
(294)
- 70,706
-
41,000
- 41,000
410,000
(195,000)
215,000
1,581,000
1,845,305
3,426,305
- - 1,685,000 1,685,000
- 50,000 50,000
- - 695,000 695,000
200,000 200,000
2,630,000 2,630,000
- 2,532,781 - 2,532,781
940,000 940,000
3,472,781 3,472,781
1,350.000 1 350 000
1,350,000 1,350,000
- 45,000
- 45,000
115,000
115,000
160,000
160,000
2,402,000 97,843 - 2,499,843
60,000 - - 60,000
163,339 163,339
2,462,000 261,182 2,723,182
100,000 100,000
100,000 100,000
15,789,068 15,192,739 7,360,600 38,342,407
15,789,068
15,192,739
-
30,981,807
7,360,600
7,360,600
15,789,068
15,192,739
7,360,600
38,342,407
Section Two: This Ordinance shall be in full force and effect on January 1, 2013
PASSED by the City Council of the City of Pasco this 17th day of December, 2012.
ATTEST:
DEBRA L. CLARK, CITY CLERK
MATT WATKINS, MAYOR
APPROVED AS TO FORM: LELAND B. KERR, CITY ATTORNEY
AGENDA REPORT
TO: City Council November 28, 2012
FROM: Gary Crutch e , C y Manager Regular Mtg.: 12/3/12
SUBJECT: Non- RepresentW Cost of Living Adjustment
I. REFERENCE(S):
1.
Proposed
Ordinance,
Non - Represented, Non - Management Wage Plan
2.
Proposed
Ordinance,
Management Salary Plan
II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. , providing a cost -of- living
adjustment in the non - represented, non - management wage plan beginning
January 1, 2013 and, further, authorize publication by summary only.
MOTION: I move to adopt Ordinance No. , providing a cost -of- living
adjustment in the management salary plan beginning January 1, 2013 and,
further, authorize publication by summary only.
III. FISCAL IMPACT:
Increase annual personnel costs by $160,000
IV. HISTORY AND FACTS BRIEF:
A) Non - Management Wage Plan: overall, the non - management scale is fairly
comparable. However, nine positions with strong comparability factors (number
of comparators and internal correlation) reflect a gap sufficient to warrant
adjustment. After adjustments, all but two positions will reflect a single -digit gap
(the other two do not have strong comparability factors).
B) Management
Salary Plan: ten
of the 21 manager positions require adjustment to
reduce a
gap
between Pasco's
maximum salary versus
the respective position
salary in
comparable cities.
Even after adjustment, all
of the Pasco manager
positions
are
somewhat lower than the comparables.
Council should note,
however,
that
Pasco managers
are eligible for annual merit
awards.
C) CPI -U, B /C, western cities, October 2011 - October 2012 was 1.6 %. The last
COLA granted to non - represented employees was 2.8% in July 2012. At the
same time, police officers and firefighters will have received 4% each for 2012
and will receive 1.6% for 2013. No COLA was granted to non - represented
employees for the first half of 2012.
V. DISCUSSION:
A) The city, like most others around the state, provides a "Cost of Living
Adjustment" (COLA) to its employee pay plans, usually on an annual basis,
depending on budget conditions. Organized bargaining units (police, fire and
public works) negotiate specific adjustments in bargaining contracts every two to
three years, which usually provide an annual adjustment. Non - represented
employees (management and non - management) rely on direct action of the City
Council after recommendation from the executive office. The COLA attempts to
maintain purchasing power of the employee pay plan, so it typically is a large
fraction of the annual consumer price index change. It is recommended that a
COLA of 1.5% be applied to both non - represented compensation plans.
8(a)
ORDINANCE NO.
AN ORDINANCE concerning wages for certain Non - Management, Non - Represented
personnel for the calendar year 2013.
WHEREAS, the City Council finds that the cost -of- living adjustment to the non-
management/non- represented scale of 1.5% is appropriate in consideration of the Department of Labor's
Consumer Price Index through October 2012 as well as the adjustments already committed to other
employee groups; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. The wage scale for those non - management positions specified in the attached
Exhibit "A" which Exhibit is incorporated by reference as if fully set forth herein. The City Manager
shall designate the appropriate hourly wage step in Exhibit "A" for each employee covered by this
Ordinance, considering their time in the position for which they are employed, their current hourly
wage, and the evaluation of their performance. Any non - represented employee whose actual wage or
salary on December 31, 2012 exceeds the maximum for the respective grade assigned herein, shall
continue to receive said actual wage or salary during calendar year 2013.
Section 2. The step increases
set forth
in Exhibit "A" are dependent upon a satisfactory
performance
evaluation. If the performance
evaluation of an employee demonstrates superior
performance
and upon recommendation
of the Department Director, the City Manager has the discretion
to advance an employee an additional
pay step
over that step otherwise obtainable by a satisfactory
performance
evaluation.
Section 3. The wage scale
set forth in
Exhibit "A"
shall be effective January 1, 2013 and
remain in effect until this Ordinance
is amended
or superseded
by subsequent Ordinance.
Section 4. This
Ordinance supersedes any conflicting prior
Ordinance or conflicting
provision
of a prior Ordinance.
Section 5. This Ordinance shall take effect five (5) days after passage and publication
according to law.
PASSED by the City Council of the City of Pasco at a regular meeting this 3rd day of December,
2013.
Matt Watkins, Mayor
ATTEST:
APPROVED AS TO FORM:
Debbie Clark, City Clerk Leland B. Kerr, City Attorney
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wUm
ORDINANCE NO.
AN ORDINANCE concerning the salaries for Management positions for
the calendar year 2013.
WHEREAS, the City Manager has recommended the salary scale for management positions be
modified to include a cost -of- living adjustment for calendar year 2013; and,
WHEREAS, the City Council finds that the cost -of- living adjustment of 1.5% is appropriate in
consideration of the Department of Labor's Consumer Price Index through October 2012 as well as the
adjustments already committed to other employee groups; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. The maximum monthly salaries for management positions shall be as set forth in Exhibit
"A" attached hereto, which Exhibit is incorporated by reference as if fully set forth herein. The
schedule of maximum salaries set forth in Exhibit "A" shall be effective January 1, 2013 and shall
remain effective until this Ordinance is amended or superseded by subsequent Ordinance. The actual
salary to be received by an employee occupying a management position shall be determined by the City
Manager in an amount no greater than the maximum for the position except as authorized herein.
Section 2. A merit increase may be granted to a City employee employed in one of the management
level positions set forth in Exhibit "A ", at the sole discretion of the City Manager and within the
following guidelines; provided, however, the total of all merit increases for the year 2013 does not
exceed $50,000.
(a) Any merit increase shall be based solely upon job performance demonstrating effort and
achievement above and beyond that regularly expected of the position.
(b) Any merit increase awarded shall be for a temporary period of time to be determined by the City
Manager, provided any such merit increase shall expire not later than December 31, 2013.
Section 3. For payroll purposes only, the monthly salaries as set forth in Exhibit "A" may be
multiplied by twelve (12) and divided by two thousand eighty (2,080) (number of hours in work year) to
determine an hourly rate of pay and paychecks may be computed and paid on this hourly basis;
however, all positions listed on Exhibit "A" shall remain salaried positions.
Section 4. This Ordinance supersedes any conflicting prior Ordinance or conflicting provision of a
prior Ordinance.
Section 5. This Ordinance shall take effect five (5) days after passage and publication according to
law.
PASSED by the City Council of the City of Pasco at a regular meeting this 3rd day of December
2012.
Matt Watkins, Mayor
ATTEST:
APPROVED AS TO FORM;
Debbie Clark, City Clerk Leland B. Kerr, City Attorney
Exhibit A
Management Salary Scale - 2013
(Monthly Maximum)
Effective 01.01.2013 -1.5%
Position
2013 Maximum
Salary
City Manager
12,803
Deputy City Manager
10,531
Public Works Director
Police Chief
9,955
A & CS Director
92572
Fire Chief
91435
C & ED Director
91073
Finance Manager
City Engineer
8 874
Police Captain
8,696
Municipal Court Jude
8,443
IS Manager
Field Division Manager
81204
HR Manager
7,832
WWTP/W Division Manager
Inspection Services Manager
7209
Recreation Services Manager
Facilities Manager
6,836
Court Administrator
61464
Assistant Field Div. Manager
6,206
Cust. Serv./Billing Mana er
5,702
MEMORANDUM
FOR: City
TO: Gary Crutch le Manager
Rick White, c
Community & con c Development I.V4
FROM: Mitch Nickolds, Inspection Services Manager
SUBJECT: Title 11 Civil Infractions Amendment
L REFERENCE(S):
1. Proposed Ordinance
November 20, 2012
Workshop Mtg.: 11/26/12
Regular Mtg.: 12/3/12
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
11/26: DISCUSSION
12/3: MOTION: I move to adopt Ordinance No. , amending Section 11.02.050
and 11.02.060 of the Pasco Municipal Code, and further, authorize
publication by summary only.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A. The City has adopted procedures for issuing civil infractions to property owners to compel
abatement of public nuisances on private property (Title 11 Civil Infractions). Unabated public
nuisances result in hearings before the Pasco Code Enforcement Board (Board). At the hearing,
the Board may impose monetary penalties or order the City to complete the necessary abatement
in the interest of public health or safety.
B. Language in Pasco Municipal Code (PMC) 11.02.050 and 11.02.060 contains a provision that
cancels the hearing and dismisses without penalty the civil infraction if it is abated prior to the
date of the required hearing. This incentive was intended for first time violators.
C. Occasionally, the same public nuisance by the same owner on the same property occurs within 2
years of a previous civil infraction. When this occurs, a notice of a repeat civil violation is
issued; however the incentive contained in PMC 11.02.050 and 11.02.060 and discussed above
treat first time violators and repeat violators the same — requiring cancellation of the hearing and
dismissal of the penalties if the nuisance is abated prior to the date of the hearing. This is
contrary to the City's original intent of requiring mandatory Board hearings of all repeat civil
infractions, regardless of the compliance status of the infraction.
D. The proposed amendment to PMC Title 11.02.050 and 11.02.060 clarifies that repeat nuisance
violations (only those occurring in a 2 year period) require a hearing before the Board and a
minimum penalty, even when the nuisance conditions have been abated.
V. DISCUSSION
A. The proposed amendment to Title 11 mandating Board hearings and penalties for repeat
violations is a necessary correction that assists the Board in emphasizing the importance of
continued code compliance, discouraging abuse and additional violations and makes the most
efficient use of City resources.
B. A property owner that has been issued a repeat civil violation is always provided the opportunity
to address the Board if he or she believes that extenuating circumstances warrant a reduction or
dismissal of the minimum penalty. If the owner makes a successful case, the Board has the
ability to reduce, defer or dismiss the penalty.
8(b)
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington
Amending PMC 11.02.050 "Notice of Civil Violation" and
PMC 11.02.060 "Hearing Before the Code Enforcement
Board" Providing for Mandatory Appearance and Minimum
Penalties for Repeat Violations
WHEREAS, under PMC 11.02.060, a person receiving a Notice of Civil Violation may
avoid the scheduled hearing before the Code Enforcement Board and be in a position of any
penalty if corrective abatement action is completed at least forty -eight (48) hours prior to the
scheduled hearing; and
WHEREAS, this incentive was intended for first time violations, and is subject to abuse
by repeat offenders requiring multiple inspections, temporary corrections, and a waste of City
resources; and
WHEREAS, a correction is necessary to encourage long term abatement and provide for
the more efficient use of City resources; NOW, THEREFORE
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section
1.
That Section
11.02.050
of the Pasco Municipal Code entitled "Notice of
Civil Violation"
shall
be and hereby
is
amended and shall read as follows:
11.02.050 NOTICE OF CIVIL VIOLATION.
(1) Issuance.
(a) When the applicable department director determines that a violation has
occurred or is occurring, and is unable to secure voluntary correction pursuant to Section
11.02.040, the applicable department director may issue a Notice of Civil Violation to the
person responsible for the violation.
(b) The applicable department director may issue a Notice of Civil Violation
without having attempted to secure voluntary correction as provided in Section 11.02.040
under the following circumstances:
(i) When an emergency exists; or
(ii) When a repeat violation occurs; or
(iii) When the violation creates a situation or condition which cannot be
corrected; or
(iv)
When
the person
knows or reasonably should have known that the
action is in
violation
of the City
of Pasco regulation.
Page 1 of 1
(2) Content. The Notice of Civil Violation shall include the following information:
(a) The name and address of the person responsible for the violation; and
(b) The street address or a description sufficient for identification of the
building, structure, premises, or land upon or within which the violation has occurred or
is occurring; and
(c) A description of the violation and a reference to the provisions(s) of the
City of Pasco regulation which has been violated; and
(d) The required corrective action and a date and time by which the correction
must be completed after which the City may abate the unlawful condition in accordance
with Section 11.02.070 and the Code Enforcement Board's Order; and
(e) The date, time and location of an appeal hearing before the Code
Enforcement Board which will be at least 10 days from the date of the Notice of Civil
Violation is issued; and
(f) A statement indicating that the hearing, other than the repeat violation
hearing, will be canceled and no monetary penalty will be assessed if the applicable
department director approves the completed, required corrective action at least 48 hours
prior to the hearing; and
(g) A statement that the costs and expenses of abatement incurred by the City
pursuant to Section 11.02.070(4) and a monetary penalty in an amount per day for each
violation as specified in Section 11.02.050(5) may be assessed against the person whom
the Notice of Civil Violation is directed as specified and ordered by the Code
Enforcement Board.
(3) Service of Notice. The applicable department director shall serve the Notice of
Civil Violation upon the person to whom it is directed, either personally or by mailing, by both
regular mail and certified mail, a copy of the Notice of Violation to such person at their last
known address. If the person to whom it is directed cannot after due diligence be personally
served within Franklin County and if an address for mailed service cannot after due diligence be
ascertained, notice shall be served by posting a copy of the Notice of Civil Violation
conspicuously on the affected property or structure. Proof of service shall be made by a written
declaration under penalty of perjury executed by the person effecting the service, declaring the
time and date of service, the manner by which the service was made, and if by posting the facts
showing that due diligence was used in attempting to serve the person personally or by mail.
(4) Extension. No extension of the time specified in the Notice of Civil Violation for
correction of the violation may be granted, except by order of the Code Enforcement Board.
(5)
Monetary Penalty.
The maximum monetary penalty
for each separate violation
per day or
portion thereof shall be
as set forth in Chapter 3.07 of this
Code.
Page 2 of 2
(6) Continued Duty to Correct. Payment of the monetary penalty does not relieve the
person to whom the Notice of Civil Violation was issued of the duty to correct the violation.
(7) Collection of Monetary Penalty.
(a) The monetary penalty constitutes a personal obligation of the person to
whom the Notice of Violation is directed. Any monetary penalty assessed must be paid
to the City of Pasco within 10 calendar days from the date of mailing of the Code
Enforcement Board's decision or a notice from the City that penalties are due.
(b) The
City Manager or
his /her
designee is
authorized to
take appropriate
action to collect the
monetary penalty.
(Ord.
3873, 2008;
Ord. 3190 Sec.
1, 1996.)
Section 2. That Section 11.02.060 of the Pasco Municipal Code entitled "Hearing
Before the Code Enforcement Board ", shall be and hereby is amended and shall read as follows:
11.02.060 HEARING BEFORE THE CODE ENFORCEMENT BOARD.
(1) Notice. A person to whom a Notice of Civil Violation is issued will be scheduled
to appear at a hearing before the Code Enforcement Board not less than 10 calendar days after
the Notice of Civil Violation is issued.
(2) Prior Correction of Violation. Except in the case of a repeat violation as defined
in PMC 11.02.03002), the hearing will be canceled and no monetary penalty will be assessed if
the applicable department director approves the completed required corrective action at least 48
hours prior to the scheduled hearing. A hearing for a repeat violation shall not be canceled and a
minimum monetary penalty of $200.00 will be assessed even if corrective action has been
completed at least 48 hours prior to the scheduled hearing_.
(3) Procedures. The Code Enforcement Board shall conduct a hearing on the civil
violation pursuant to the rules of procedure of the Code Enforcement Board. The applicable
department director and the person to whom the Notice of Civil Violation was directed may
participate as parties in the hearing and each party may call witnesses. The City shall have the
burden of proof to demonstrate by a preponderance of the evidence that a violation has occurred
and that the required corrective action is reasonable. The determination of the applicable
department director as to the need for the required correction action shall be accorded substantial
weight by the Code Enforcement Board in determining the reasonableness of the required
corrective action.
(4) Decision of the Code Enforcement Board.
(a) The Code Enforcement Board shall determine whether the City has
established by a preponderance of the evidence that a violation has occurred and that the
required corrective action is reasonable and shall affirm, vacate, or modify the City's
decision regarding the alleged violation and/or the required corrective action, with or
without conditions.
Page 3 of 3
(b) The Code Enforcement Board shall issue an Order to the person
responsible for the violation which contains the following information:
(i) The decision regarding the alleged violation including findings of
fact and conclusion based thereon in support of the decision.
(ii) The required corrective action.
(iii) The date and time by which the correction must be completed.
(iv) The monetary penalties assessed based on the criteria in Section
11.02.060(4)(c).
(v)
The date
and time
after
which
the City
may
proceed with
abatement
of the unlawful
condition
if the
required
correction
is not
corrected.
(c) Assessment of Monetary Penalty. Monetary penalties assessed by the
Code Enforcement Board shall be in accordance with the monetary penalty schedule in
Section 11.02.050(5).
(i) The Code Enforcement Board shall have the following options in
assessing monetary penalties:
1. Assess monetary penalties beginning on the date of the
Notice of Civil Violation was issued and thereafter; or
2. Assessed monetary penalties beginning on the correction
date set by the applicable department director or an alternate correction
date set by the Code Enforcement Board and thereafter; or
3. Assess no monetary penalty; or
4. Assess less that the maximum monetary penalty.
(ii)
In determining the
monetary
penalty assessment, the Code
Enforcement
Board shall consider the
following
factors:
1. Whether the person responded to staff attempts to contact
the person and cooperated with efforts to correct the violation;
2. Whether the person failed to appear at the hearing;
3. Whether the violation was a repeat violation;
4. Whether the person showed due diligence and/or
substantial progress in correcting the violation;
5. Whether a genuine code interpretation issue exists; and
Page 4 of 4
6. Any other relevant factors.
(iii) The Code Enforcement Board may double the daily monetary
penalty schedule if the violation is a repeat violation. In determining the amount
of the monetary penalty for repeat violations, the Code Enforcement Board shall
consider the factors set forth in Section 11.02.060(4)(c)(iii ).
(d) Notice of Decision. The Code Enforcement Board shall mail, by both first
class and certified mail, a copy of the decision to the appellant and to the applicable
department director within 10 working days of the hearing.
(5) Failure to appear. If the person to whom the Notice of Civil Violation was issued
fails to appear at the scheduled hearing, the Code Enforcement board will enter an order finding
that the violation occurred and assessing the appropriate monetary penalty. The City will carry
out the Code Enforcement Board's Order and recover all related expenses, plus the cost of the
hearing and any monetary penalty from that person.
(6) Appeal to the Superior Court. An appeal of the Code Enforcement Board's
decision must be filed pursuant to the general appeal period as set forth in Chapter 1.01 of this
Code, or is thereafter barred. (Ord. 3877, 2008; Ord. 3876, 2008; Ord. 3190 Sec. 1, 1996.)
Section 3. This Ordinance shall take full force and effect five (5) days after its
approval, passage, and publication as required by law.
PASSED by the vote of the majority plus one of the City Council of the City of Pasco
this day of 2012.
Matt Watkins, Mayor
ATTEST:
APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
Page 5 of 5
FOR:
TO:
FROM:
AGENDA REPORT
City Council
Gary Crutchfi Cit
Rick White,
Community & Tyco o 'c
Shane O'Neill, Planner I
Development Director q V4
November 26, 2012
Regular Mtg.: 12/3/12
SUBJECT: SPECIAL PERMIT (MF# SP2012 -0022) Tutoring Center at 117 S. 3`d Avenue
I. REFERENCE(S):
1. Vicinity Map
2. Proposed Resolution
3. Report to Planning Commission
4. Planning Commission Minutes: Dated 10/18/12 and 11/15/12
IL ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
12/3: MOTION: I move to approve Resolution No. approving a
special permit for a tutoring center at 117 South 3` Avenue as
recommended by the Planning Commission.
III. FISCAL IMPACT:
0630y
IV. HISTORY AND FACTS BRIEF:
A. On October 18, 2012, the Planning Commission conducted a public hearing to
determine whether or not to recommend a special permit be granted for the
location of a tutoring center at 117 S. 3 d Avenue.
B. Following conduct of the public hearing, the Planning Commission reasoned that
with conditions, it would be appropriate to recommend approval of a special
permit for the tutoring center.
C. The recommended conditions are contained in the attached Resolution.
D. No written appeal of the Planning Commission's recommendation has been
received.
8(c)
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RESOLUTION NO.
A RESOLUTION ACCEPTING THE PLANNING COMMISSION'S
RECOMMENDATION AND APPROVING A SPECIAL PERMIT FOR
THE LOCATION OF A TUTORING CENTER
WHEREAS, Sol Case Management, submitted an application for the location of
a tutoring center at 117 South 3`d Avenue (Tax Parcel 112- 039 -044); and,
WHEREAS, the Planning Commission held a public hearing on October 18,
2012 to review the proposed tutoring center; and,
WHEREAS, following deliberations on November 15, 2012 the Planning
Commission recommended approval of a Special Permit for the proposed tutoring center
with certain conditions; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO:
1. That a Special Permit is hereby granted to Sol Case Management for the location of
a tutoring center in the C -2 (Central Business) District under Master File # SP 2012-
022 with the following conditions:
a) The Special Permit shall apply to Tax Parcels #112039044 & 112049053
for the building at 117 South Third Avenue;
b) The applicant shall comply with all building code requirements for the
occupancy class applicable to the use;
c) The Special Permit shall be null and void if a City of Pasco business
license has not been obtained by February 28, 2013.
Passed by the City Council of the City of Pasco this 3`d day of December, 2012.
Matt Watkins, Mayor
ATTEST:
APPROVED AS TO FORM:
Debra L. Clark, City Clerk Leland B. Kerr, City Attorney
REPORT TO PLANNING COMMISSION
MASTER FILE # SP2012 -022 APPLICANT: Sol Case Management
HEARING DATE: 10/18/2012 117 S. 3rd Avenue
ACTION DATE: 11/15/2012 Pasco, WA 99301
BACKGROUND
REQUEST: SPECIAL PERMIT: Location of a Level One Community
Service Facility in a C -2 (Central
Business) Zone
11 PROPERTY DESCRIPTION:
Legal: Lots 9 & 10, Block 22, NP Plat
General Location: 117 S. 3rd Avenue
Property Size: 14,000 square feet
2. ACCESS: The parking lot has access from Columbia Street and an
alley from 3rd Avenue.
31 UTILITIES: All municipal utilities currently serve the site.
4. LAND USE AND ZONING: The site is zoned C -2 (Central Business)
and contains a commercial structure. The zoning and land use of the
surrounding properties are as follows:
NORTH:
C -2
- Commercial
SOUTH:
I -1 -
Commercial
EAST:
C -2
- Commercial
WEST:
C -2
- Commercial
5, COMPREHENSIVE PLAN: The Comprehensive Plan designates this
area for commercial uses.
6. ENVIRONMENTAL DETERMINATION: The City of Pasco is the lead
agency for this project. Based on the SEPA checklist, the adopted
City Comprehensive Plan, City development regulations, and other
information, a threshold determination resulting in a Determination
of Non - Significance (DNS) has been issued for this project under WAC
197 -11 -158.
ANALYSIS
The applicant proposes to operate an after- school child tutoring center in an
existing commercial structure located in a C -2 zone. The proposed use is
most closely aligned with a Level One Community Service Facility, which is
considered an Unclassified Use; thus requiring special permit review. The
applicant has indicated that Sol Educational Services will employ six (6)
staff members serving up to 40 students. Students will use public transit
and personal vehicle drop- off /pick -up to access the center. The
education/ tutoring service will be available from 3:00 pm to 8:00 pm
Monday- Friday and from 10 am to 2 pm on Saturday.
Sol Educational Center will provide an after school tutoring program to
elementary, middle school and high school students; providing assistance
with homework.
The site is composed of two parcels located on the northeast corner of the
intersection of South 3rd Avenue and Columbia Street. The site is bound by
arterial streets to the west and to the south. Both arterials serve public
transit, which provides convenient access for students traveling to the youth
center from nearby schools.
The site also contains two paved parking areas with a total of 13 striped
parking stalls. Assuming each of the six (6) employees occupy one stall,
seven (7) stalls would remain available to customers. Additionally, sites
zoned C -2 are exempt from off -street parking requirements. It is also
assumed that most or all of the children will likely be dropped off by family
or friends and that the vehicles will not remain on -site while tutoring
services are in session.
STAFF FINDINGS OF FACT
Findings of Fact must be entered from the record. The following are initial
findings drawn from the background and analysis section of the staff report.
The Planning Commission may add additional findings to this listing as the
result of factual testimony and evidence submitted during the open record
hearing.
1. The site is addressed 117 South Third Avenue.
2. The site is zoned C -2 (Central Business).
3. The site is located on the northeast corner of Columbia Street and
South Third Avenue.
4. The site is comprised of two tax parcels (112039044 & 112049053)
5. Sol Educational Services is a for - profit organization dedicated to
providing tutoring and mentoring for students.
6. Sol Educational Services will provide tutoring services for up to 8 hours
per day five days per week.
7. Sol Educational Services is classified as a Community Service Facility
in the Pasco zoning code.
8. Community Service Facilities are considered Unclassified Uses and
thereby require special permit review (PMC 25.86.020).
2
BASED ON STAFF FINDINGS OF FACT
The Planning Commission must make Findings of Fact based upon the
criteria listed in P.M.C. 25.86.060. The criteria and staff listed findings are
as follows:
1. Will the proposed
use be in accordance
with the
goals,
policies,
objectives
and text
of the Comprehensive
Plan?
Comprehensive Plan Goal CF -5 encourages the fostering of adequate
provisions for educational facilities throughout the urban growth area.
Sol Educational Services is a private educational support facility that
will offer special services for students.
2. Will the proposed use adversely affect public infrastructure?
The proposal will generate little demand for public utilities only being
open to serve students for up to 5 hours per day for six (6) days per
week. Water and sewer demands of the proposed use will be negligible
compared to permitted uses such as restaurants. Traffic generation of
the proposal will be minimal and easily accommodated by the existing
road system.
3. Will the proposed use be constructed, maintained and operated to
be in harmony with the existing or intended character of the
general vicinity?
The structure proposed to contain the youth education center has
existed for approximately 63 years. The intended character of the
vicinity is commercial in nature. The purpose of the C -2 zone, in part,
is to promote a commercial clustering concept and revitalization by
emphasizing pedestrian access. The proposed community service
facility is a commercial business and its central location will
complement existing commercial businesses by increasing the number
of vehicle trips per day in the vicinity.
The proposed use will have minimal adverse impacts on the existing
and intended character of the neighborhood.
4. Will the location and height of proposed structures and the site
design discourage the development of permitted uses on property
in the general vicinity or impair the value thereof?
Sol Educational Services is proposing to expand their services within
an existing and recently remodeled facility originally constructed 63
years ago. The facility is single -story whereas the C -2 zone permits
structures up to 45 feet in height. Surrounding properties are fully
developed. The subject property's renovations make it stand out as
3
current and tasteful. The condition of the subject structure will likely
encourage use and development of existing or potential businesses
within the immediate vicinity.
5. Will the operations in connection with the proposal be more
objectionable to nearby properties by reason of noise, fumes,
vibrations, dust, traffic, or flashing lights than would be the
operation of any permitted uses within the district?
An educational center serving up to 40 students per day may have
similar levels of activity to other permitted uses in this zone. The C -2
zone permits uses with generally higher levels of adverse impacts
than the proposed education center and is not expected to create
adverse impacts to other permitted uses.
6. Will the proposed use endanger the public health or safety if
located and developed where proposed, or in any way will become
a nuisance to uses permitted in the district?
It is expected that the proposed tutoring center will in no way cause
harm to public health and safety and that the associated activity will
not become a nuisance to permitted uses in the vicinity.
APPROVAL CONDITIONS
1. The Special Permit shall apply to Tax Parcels #112039044 8s
112049053 for the building at 117 South Third Avenue;
2. The applicant shall comply with all building code requirements for the
occupancy class applicable to the use;
3. The Special Permit shall be null and void if a City of Pasco business
license has not been obtained by February 28, 2013.
RECOMMENDATION
MOTION for Findings of Fact: I move to adopt findings of fact
and conclusions as contained in the November 15, 2012 staff
report.
MOTION for Recommendation: I move based on the findings of
fact and conclusions that the Planning Commission recommend
the City Council grant a special permit to Sol Case Management
for the location of a tutoring center at 117 S. 3rd Avenue with the
conditions as contained in the November 15, 2012 staff report.
11
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Planning Commission Minutes
10/18/2012
Location of a Level 1 Community Service
B. Special Permit Facility (Sol Educational Services) (MF#
SP2012 -0221
Chairman Cruz read the master file number and asked for comments from
staff.
Rick White, Community 8s Economic Development Director, discussed the
special permit application for the location of a Level 1 Community Service
Facility. The Community Service Facility is an afterschool child tutoring center
for as many as 40 students, which is an unclassified use which requires
special permit approval in all zoning districts. The staff report describes the
services that will be provided by the applicant and the report discusses the site
location, the availability of public transit and the parking for those parents
dropping off those students. The initial staff findings of fact and the
conclusions that are required to be addressed have been formulated to support
approval of the application.
With no questions from the Planning Commission the public hearing was
opened.
Rolando Rodriguez, 7909 W. Dradie Street, spoke on behalf of his application.
The special permit would allow for him to provide educational services,
academic tutoring after school for children in math and reading from grade
levels K -12 to help students meet grade requirements and to pass the state
requirements to graduate. He said that it will also create jobs in Downtown
Pasco.
Commissioner Hilliard asked the applicant if he had any concerns with any of
the conditions included in the staff report.
Chairman Cruz briefly went over what some of those conditions were.
Mr. Rodriguez answered that he did not have any concerns with those
conditions.
Commissioner Anderson moved, seconded by Commissioner Khan, to close the
hearing on the proposed Sol Educational Youth Center and initiate
deliberations and schedule adoption of findings of fact, conclusions and a
recommendation to the City Council for the November 15, 2012 meeting. The
motion passed unanimously.
Planning Commission Minutes
11/15/2012
B. Special Permit Location of a Level 1 Community Service
Facility (Sol Educational Services) (MF# SP
2012 -0221
Chairman Cruz read the master file number and asked for comments from staff
Shane O Neill, Planner I, discussed the special permit for the location of a Level 1
Community Service Facility. He stated that there have been no changes since the
previous staff report.
Commissioner Kempf moved, seconded by Commissioner Greenaway, to adopt findings
of fact and conclusions as contained in the November 15, 2012 staff report. The
motion passed unanimously.
Commissioner Kempf moved, seconded by Commissioner Greenaway, based on the
findings of fact and conclusions that the Planning Commission recommend the City
Council grant a special permit to Sol Case Management for the location of a tutoring
center at 117 S. 3rd Avenue with the conditions as contained in the November 15,
2012 staff report. The motion passed unanimously.
AGENDA REPORT
FOR: City Counci
TO: Gary Crutchfie Manager
FROM: Stan Strebel, Ileputy City Manager
SUBJECT: Property Purchase Agreement
I. REFERENCE(S):
II.
III.
IV
V
Vicinity Map
Overview Map
Real Estate Purchase Agreement
November 28, 2012
Regular Mtg.: 12/3/12
ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
12/3: MOTION: I move to approve the Real Estate
Standard Life Insurance Company,
City Manager's execution thereof.
FISCAL IMPACT:
Purchase Price $2,800,000 (27.8 acres)
HISTORY AND FACTS BRIEF:
Purchase Agreement with Old
in Liquidation, and to ratify the
A) The Regional Public Facilities District selected the Pasco Public Facilities District
and the City's proposal to develop the regional aquatic facility at TRAC last May.
When the Franklin County Commission subsequently withdrew their offer to
consider the re- development of the TRAC facility, the aquatics facility was left
without a site.
B) Working with the Pasco Public Facilities District, staff has identified a 27.8 acre
vacant land parcel, west of the Outlet Mall on Sandifur Parkway, which it believes
will be a suitable and visible site for the aquatics facility. While the size is larger
than the anticipated 10 acres that will be needed for the aquatics facility, it will allow
flexibility and optimal siting of the aquatic facility, if approved by the RPFD and the
voters at the November 2013 ballot.
C) Critical elements of the Real Estate Purchase Agreement provide as follows:
1. The City has 90 days in which to complete its "due diligence" (title, survey,
environmental, etc.) on the property and issue a "notice to proceed."
2. A $60,000 earnest money note, in escrow, with the title company (and applicable
to the purchase price on closing) will be converted to cash upon the "notice to
proceed."
3. If the City finds the property unsuitable prior to the expiration of the due
diligence period, it may cancel the sale without penalty. The earnest money is
non - refundable if the City cancels the sale after the notice to proceed (except for
non - approval by the Court, below).
4. The seller is a life insurance company in liquidation and the final sale of the
property is conditional upon approval of the Ada County, Idaho District Court. If
the Court's approval of the sale has not been received within 180 days of the date
of the agreement, the sale can be terminated without penalty to the City.
5. Closing can take place as late as January 31, 2014, allowing for the results of a
possible regional ballot on the sales tax for the aquatics facility in November
2013.
DISCUSSION:
A) With Council approval of the agreement, staff will continue to work with the Pasco
PFD and the RPFD to complete the steps necessary to refine the project proposal
toward placing the proposal on the ballot next year.
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REAL ESTATE PURCHASE AGREEMENT, SUBJECT TO LIQUIDATION
COURT CONFIRMATION
THIS REAL ESTATE PURCHASE AGREEMENT, SUBJECT TO LIQUIDATION
COURT CONFIRMATION ( "Agreement) is entered into as of the date signed by the
last of the parties hereto (the "Effective Date ") by and between OLD STANDARD LIFE
INSURANCE COMPANY, IN LIQUIDATION, an Idaho Corporation ( "Seller') and THE
CITY OF PASCO, and /or assigns ("Buyer').
ARTICLE 1. PROPERTY; PURCHASE PRICE
SECTION 1.01. Buyer agrees to purchase from Seller all of Seller's right title and
interest in and to that certain real property located in the City of Pasco, Franklin County,
State of Washington, more particularly described on Exhibit A attached hereto and by
this reference incorporated herein and all fixtures, buildings, and improvements thereon
(the "Property') on the terms and conditions set forth below.
SECTION 1.02. The purchase price for the Property shall be the sum of Two Million
Eight Hundred Thousand and No /100ths Dollars ($2,800,000.00) payable by Buyer to
Seller as follows:
(a) $60,000 To be deposited by the Buyer in escrow with the Title Company
within one (1) business days after the Effective Date (the
"Deposit"). Initially, the Deposit shall consist of an earnest money
note in the form attached hereto as Exhibit B (the °Earnest Money
Note "). The Earnest Money Note shall be converted to cash upon
Buyers issuance of a Notice to Proceed.
(b)
$2,740,000
Balance due at
Closing
(c)
$2,800,000
Total Purchase
Price
ARTICLE 2. ESCROW
SECTION 2.01. OPENING ESCROW AND CLOSING. An escrow shall be opened at
First American Title Insurance Company, 200 SW Market Street, Suite 250, Portland,
Oregon 97201, herein referred to as the "Title Company", to consummate the purchase
of the Property pursuant to this Agreement. The closing of the sale and conveyance of
title on the terms and conditions hereof (the "Closing") will take place commencing at
10:00 A.M. at the office of the Title Company, or at such other time and /or location as
the parties agree, on January 31, 2014 (the "Closing Date "); provided that if such date is
not a business day, on the next succeeding business day.
SECTION 2.02. CONDITIONS OF CLOSING. The Closing of sale and conveyance of
title to the Buyer and the respective obligations of Buyer and Seller to consummate the
transactions contemplated under this Agreement are conditioned on:
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(a) Liquidator and /or Court Confirmation of this sale as follows:
1. Seller shall have accepted this Agreement by executing below in the
space provided. When this Agreement has been accepted in this manner,
it shall constitute a binding obligation upon the Buyer to purchase and
Seller to sell the Property on the terms and conditions as set forth herein.
2. Seller shall petition the District Court of the Fourth Judicial District of the
State of Idaho, in and for the County of Ada, in connection with Case
Number CV OC 0401574D (hereinafter "Court") for confirmation of this
Agreement no later than thirty (30) days after the date of Buyer's issuance
of the Notice to Proceed.
3. The Court shall have entered an order approving this Agreement and the
transactions contemplated hereunder (the "Sale Order"). Upon the Court's
entry of the Sale Order, the Deposit shall be disbursed to Seller; provided,
however, if a party objected to entry of the Sale Order, then the Deposit
shall not be disbursed to Seller until the Sale Order becomes a Final
Order. The parties hereby authorize and direct the Title Company to
disburse the Deposit to Seller. If the Court denies Seller's motion for the
Sale Order, then this Agreement shall automatically terminate and the
Deposit shall be refunded to Buyer.
4. The Sale Order shall have become a Final Order. As used in this
Agreement the term "Final Order' shall mean an order of the Court as to
which the time for appeal has expired without a notice of appeal having
been filed or, if a notice of appeal has been filed, as to which no stay
pending appeal has been entered; provided that the possibility that a
motion under Rule 59 or Rule 60 of the Idaho Rules of Civil Procedure,
may be filed with respect to such order shall not cause such order not to
be a Final Order.
(b) No domestic or foreign, federal, state, county, parish, municipal or other local
court, agency, department, legislative body, commission, council, board or other
administrative of governmental body shall have issued any order, writ, judgment,
injunction, decree, determination or award that directs that the transactions
contemplated hereunder not be consummated.
(c) The conveyance to Buyer of title by Special Warranty Deed free of liens,
encumbrances, easements, restrictions, rights and conditions of record or known
to Seller, other than the following (each a "Permitted Encumbrance "):
Current property taxes and current bond(s) or improvement
assessment(s), if any;
2. Matters not in the public record which would be disclosed by a survey or
physical inspection of the Property; and
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3. Covenants, conditions, restrictions, easements, and other matters of
record, if any, unless disapproved by Buyer in writing within twenty (20)
days of receipt of a current commitment for issuance of an ALTA owner's
policy in the amount of the Purchase Price issued by the Title Company,
together with legible copies of all documents referenced therein
(collectively, the "Title Commitment'), which shall be fumished at Seller's
expense. Any matter shown on such Title Commitment and not objected
to by Buyer shall be a Permitted Encumbrance hereunder. Seller will have
five (5) days after receipt of Buyer's objections to cure such objections. If
Buyer's objections are not cured within such 5 -day period, Buyer will have
the option to either: (a) terminate this Agreement, in which case the
Deposit shall be refunded to Buyer; or (b) waive the objections and
proceed to Closing, in which case such matters shall be Permitted
Encumbrances. Seller shall fumish the Title Commitment to Buyer within
ten (10) days after Seller's acceptance.
At the Closing, Seller shall cause the Title Company to irrevocably commit to
issue an owner's policy of title insurance in the form of a "marked up" Title
Commitment or a proforma showing title to the Property vested in Buyer subject
only to the Permitted Encumbrances. Seller shall pay the portion of the title
insurance premium applicable to a standard ALTA form owner's policy. Buyer
shall pay the portion of the premium attributable to extended coverage and the
cost of any endorsements required by Buyer.
(d) [Intentionally omitted].
(e) The purchase of the Property is contingent upon a ninety (90) day due diligence
and feasibility period (hereinafter referred to as the "Due Diligence Term ") which
shall commence upon the Effective Date.
During the Due Diligence Term, Buyer may complete physical and geological
inspections of the Property and improvements thereon, including but not limited
to, taking soil borings as desired, obtaining engineering studies, and such other
matters relating to the Property as Buyer deems appropriate, so as to ensure that
the Property is acceptable in its "As -Is" condition. Such inspection shall be at
Buyer's sole cost and expense. Buyer will indemnify, defend, and hold Seller
harmless from and against any claims for injury or death to persons, damage to
property or other losses, actual damages or claims, including, without limitation,
claims of any tenants, and including, in each instance, reasonable attorneys' fees
and litigation costs, arising out of any action of any person or firm entering the
Property on Buyer's behalf as aforesaid, which indemnity shall expressly survive
Closing or the earlier expiration or termination of this Agreement.
BUYER IS PURCHASING THE PROPERTY "AS IS, WHERE IS" IN ITS
PRESENT CONDITION. BUYER HAS THE OPPORTUNITY TO INSPECT THE
PROPERTY AS PROVIDED HEREIN. SELLER MAKES NO
REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, WITH
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RESPECT TO, HEREBY DISCLAIMS, AND SHALL HAVE NO LIABILITY FOR;
(A) THE CONDITION OF THE PROPERTY OR ANY BUILDINGS, n
STRUCTURES OR IMPROVEMENTS THEREON OR THE SUITABILITY OF
THE PROPERTY FOR HABITATION OR FOR BUYER'S INTENDED USE 3 i
(B) ANY APPLICABLE BUILDING, ZONING OR FIRE LAWS OR r 3
REGULATIONS OR WITH RESPECT TO THE EXISTENCE OF OR
COMPLIANCE WITH ANY REQUIRED PERMITS, IF ANY, OF ANY i .2
GOVERNMENTAL AUTHORITY; (C) THE AVAILABILITY OR EXISTENCE OF
ANY WATER, SEWER OR UTILITIES, ANY RIGHTS THERETO, OR ANY
WATER, SEWER OR UTILITY DISTRICTS; (D) ACCESS TO ANY PUBLIC OR
PRIVATE SANITARY SEWER OR UTILITY SYSTEMS; OR (E) THE y r S
PRESENCE OF ANY HAZARDOUS SUBSTANCES AT THE PROPERTY OR IN ,� v
ANY IMPROVEMENTS ON THE PROPERTY, INCLUDING WITHOUT Fay
LIMITATION ASBESTOS OR UREA - FORMALDEHYDE, OR THE PRESENCE
OF ANY ENVIRONMENTALLY HAZARDOUS WASTES OR MATERIALS ON OR UNDER THE PROPERTY. BUYER ACKNOWLEDGES THAT BUYER IS a L
GIVEN THE OPPORTUNITY UNDER THIS AGREEMENT TO FULLY INSPECT
THE PROPERTY AND BUYER ASSUMES THE RESPONSIBILITY AND RISKS OF ALL DEFECTS AND CONDITIONS AT THE PROPERTY, INCLUDING
WITHOUT LIMITATION, SUCH DEFECTS AND CONDITIONS, IF ANY, THAT
CANNOT BE OBSERVED BY CASUAL INSPECTION. L' y ? Y
r
During the term of this Agreement and at any time following the expiration or
earlier termination thereof, upon Seller's request. Buyer shall provide Seller with `-
copies of any third party reports or surveys obtained by Buyer during the Due r U
Diligence Term and any extensions thereof at no cost to the Seller. L(Peii Vole rs )
Prior to the end of the Due Diligence Term, the Buyer must accept the Property
in its "As Is" condition. Said acceptance must be delivered to the Seller in writing
reflecting that all contingencies set forth in this subsection (e) have been
removed and Buyer's acceptance or waiver of all title matters in Section 2.02(c)
(the "Notice to Proceed'). Upon Buyer's issuance of the Notice to Proceed (i) the
Earnest Money Note shall be converted to cash, and (ii) subject to Section 2.03
below, the Deposit shall be non - refundable to Buyer but applicable to the
Purchase Price. If for any reason during Due Diligence Term, Buyer finds the
Property unacceptable, in Buyer's sole and absolute discretion. Buyer must
advise Seller in writing and the Agreement thereupon shall be terminated and the
Earnest Money Note shall be returned to Buyer. If Buyer fails to issue the Notice
to Proceed on or before the last day of the Due Diligence Term, then this
Agreement shall automatically terminate and the Earnest Money Note shall be
returned to Buyer.
SECTION 2.03. FAILURE OF CONDITIONS. If any condition specified in Section 2.02
above is not satisfied or waived within one hundred eighty (180) days after the Effective
Date, then either party may, at any time thereafter, elect to terminate this Agreement by
giving written notice to the other party and the Title Company. The Title Company shall
be, and is hereby, irrevocably instructed by Seller on receipt of such notice from either
3771/010 I V20/12 -4- pasco p9a.3
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party, to immediately refund to Buyer all monies and instruments deposited in escrow
pursuant to this Agreement by Buyer.
SECTION 2.04. PRORATIONS. The following prorations shall be made between
Buyer and Seller at Closing: property taxes, rents, homeowner's /association dues (if
applicable), and N/A .
SECTION 2.05. BONDS AND ASSESSMENTS. Any bonds or improvement
assessments which are a lien on the Property shall, at Closing, be paid /assumed by
Buyer, except any past due/delinquent amounts shall be paid by Seller at Closing.
SECTION 2.06. BROKERS' COMPENSATION AND DISPOSITION FEES. If Buyer is
confirmed as the purchaser of the Property and thereafter performs in accordance with
this Agreement, any and all compensation and disposition fees due to real estate or
other brokers shall be paid by Seller at Closing based upon the confirmed sales price
or, if no overbidding occurs, as follows:
N/A of the accepted price to N/A , who represents Seller; and
• N/A of the accepted price to N/A , who represents Buyer.
Seller and Buyer each warrant that they have dealt with no other real estate brokers in
connection with this transaction except those brokers stated above.
SECTION 2.07. EXPENSES OF ESCROW. The expenses of the escrow described In
this section shall be paid in the following manner:
(a) The cost of recording any deeds or other instruments required to convey title of
the Property to Buyer as described in Section 2.02 of this Agreement shall be
paid by Buyer.
(b) Seller shall pay all real estate excise tax payable in connection with this
transaction.
(c) Any escrow fee charged by the Title Company shall be paid as follows 50% by
Seller and 50% by Buyer.
SECTION 2.08. POSSESSION. Possession of the Property shall be delivered to Buyer
upon Closing.
SECTION 2.09. TITLE. Title shall vest as follows: to Buyer, or an assign or a nominee,
with Buyer remaining liable for the Purchase Price and any and all duties and
obligations of the Buyer until the Close of Escrow, which shall be designated in writing
by Buyer no later than 5 days prior to the Closing.
SECTION 2.10. DISCLOSURE STATEMENT. Buyer and Seller agree and
acknowledge that the Real Property constitutes "Commercial Real Estate" as defined in
RCW 64.06.005. Buyer hereby waives receipt of a seller disclosure statement required
3771/010 11/20112 - 5 - pasw psa.3
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under RCW 64 06 for transactions involving the sale of commercial real estate except
for the section entitled "Environmental ". The seller disclosure statement as completed
by Seller is attached to this Agreement as Exhibit C (the "Disclosure Statement"). Buyer
acknowledges its receipt of the Disclosure Statement and waives its right to rescind the
Agreement under RCW 64.06.030. Buyer further agrees and acknowledges that the
Disclosure Statement (a) shall be for disclosure only, (b) shall not be considered part of
this Agreement, and (c) shall not be construed as a representation or warranty of any
kind by the Seller.
ARTICLE 3. MISCELLANEOUS
SECTION 3.01. DEFAULT BY Buyer. Should Buyer fail to complete said purchase as
herein provided by reason of any default of Buyer, Seller shall be released from its
obligation t sell the Property to Buyer and Seller shall retain the Deposit, as liquidated
damages f h default as to
sole and exclusive remedy hereunder.
Buyer: ( ell
SECTION 3.02, TIME. Time is of the essence in the performance of this Agreement.
SECTION 3.03. MODIFICATIONS. All modifications or extensions shall be in writing
signed by all parties.
SECTION 3.04. LAND USE RESTRICTIONS. Buyer shall satisfy itself through sources
of information, other than the Seller or real estate brokers, or salespersons of such
brokers in this transaction, whether any public or private action in the form of a vole,
initiative, referendum, local ordinance, law, or other measure presently in force or
contemplated by a governing or other body may halt entirely or otherwise restrict
Buyer's use of the Property for improvement or other use, and Buyer acknowledges that
it has not relied on any advice or representations by the Seller or real estate
representatives in this transaction for such independent information to any extent.
SECTION 3.05. NOTICES. Any and all notices or other communications required or
permitted by this Agreement or by law to be served on or given to either party hereto, or
the Title Company, shall be in writing and shall be deemed duly served and given when
(a) personally delivered to any of the parties, to whom it is directed; (b) by deposit in the
United States mail as first -class certified mail, return receipt requested, postage paid;
(c) by overnight nationwide commercial courier service; or (d) by telecopy transmission
with a confirmation copy to be delivered by duplicate notice in accordance with any of
clauses (a) through (c) above, in each case, to the party intended to receive the same at
the following address(es):
37711010 1120112 .6-
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If to Buyer:
City of Pasco
525 North Third Avenue
P.O. Box 293
Pasco, WA 99301
Attn: City Manager
Phone: 509- 545 -3404
Fax: 509 -545 -3403
With copy to:
Kerr Law Group
7025 West Grandridge Blvd., Suite A
Kennewick, WA 99336
Attn: Lee Kerr
Phone: 509 -735 -1542
Fax: 509- 735 -0506
If to Seller:
Old Standard Life Insurance Company. In Liquidation
c/o VIDA Consulting, Inc.
1520 Hill Drive
Los Angeles, CA 90041
Attn: Jackie Muro
Phone: 310 -801 -0611
Fax: 323- 259 -9773
With copy to:
Old Standard Life Insurance Company, In Liquidation
c/o Kane Corporation
67 Selby Lane, Suite 100
Atherton, CA 94027 -3926
Attn: Peter C. Kane
Phone: 650 - 369 -9100
Fax: 650 - 369 -9106
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., e,
Alston Counnage 8 Bassetti LLP
1420 Fifth Avenue, Suite 3650
Seattle, WA 98101
Attn: Charles E. Shigley
Phone: 206 -623 -7600
Fax: 206- 623 -1752
If to the Title Company:
First American Title Insurance Company
200 SW Market Street, Suite 250
Portland, OR 97201
Attn: Rachael Rodgers
Phone. 503- 795 -7608
Fax: 866 -406 -9291
Notice delivered in accordance with the foregoing shall be effective (a) when delivered,
if delivered personally or by receipted -for telex, telecopier or facsimile transmission,
(b) on the next business day after being delivered in the United States (properly
addressed and all fees paid) for overnight delivery service to a courier (such as Federal
Express) which regularly provides such service and regularly obtains executed receipts
evidencing delivery, or (c) five (5) days after being deposited (properly addressed and
stamped for first -class delivery) in a daily serviced United States mail box. Either party,
Buyer or Seller, may change its address for the purposes of this section by giving
written notice of such change to the other party in the manner provided in this section.
SECTION 3.06. DISCLAIMER OF WARRANTIES. The parties acknowledge that this
transaction is entered into by them in full reliance on their own independent
investigations, and not on any statements, representations, or agreements made by the
other party, or by the broker(s), if any herein, or any salesperson(s) of such broker. It is
also agreed by both parties that no statements, representations, or agreements made
by either party, the broker(s), or any sales - person(s) of such broker(s), are valid unless
such statements, representations or agreements are reduced to writing and made a part
hereof. Seller expressly makes no warranties regarding the suitability of the Property
for any purpose and Buyer acknowledges that all real property and improvements, if
any, the are taken in an " s Is" Condition including all known and unknown defects.
Buyer: ( Seller:
SECTION 3.07. ATTORNEY'S FEES. Should any litigation be commenced between
the parties hereto concerning the Property, this Agreement, or the rights and duties of
either in relation thereto, the party, Buyer or Seller, prevailing in such litigation shall be
entitled, in addition to such other relief as may be granted, to a reasonable sum as and
for its attorney's fees in such litigation which shall be determined by the Court in such
litigation or in a separate action brought for that purpose.
3771/010 11,20112 - K - Pasco psa3
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SECTION 3.08, ENTIRE AGREEMENT. This instrument contains the entire
Agreement between Buyer and Seller respecting the Property, and any agreement or
representation respecting the Property or the duties of either Buyer or Seller in relation
thereto not expressly set forth in this instrument is null and void,
SECTION 3.09. COUNTERPARTS; FACSIMILE SIGNATURES. This Agreement may
be executed in any number of counterparts and all counterparts shall be deemed to
constitute a single agreement. The execution of one counterpart by any party shall
have the same force and effect as if that party had signed all other counterparts. The
signatures to this Agreement may be executed on separate pages and when attached
to this Agreement shall constitute one complete document. This Agreement may be
signed by facsimile, and each facsimile copy so signed shall be deemed an original
hereof.
SECTION 3.10. GOVERNING LAW; VENUE. This Agreement is governed by and
construed in accordance with the laws of the State of Washington. At the option of
Seller, the venue of any action hereon may be laid in Franklin County, Washington,
other than Seller's motion to obtain the Sale Order which shall be heard by the Court.
[Signatures on following page]
3771/010 11120/12 Pasco psa.3
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IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed as of
the day and year shown opposite their signatures below,
BUYER:
CITI
By:
Narr
Title: GIt, ��'t 444fk�i'v
Date, 11-41.1 -12�
SELLER:
OLD STANDARD LIFE IN COMPANY, IN
LIQUIDATION, an Idaho korooration
i
Title
ram
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EXHIBIT A
LEGAL DESCRIPTION
Parcel A:
Lot 8 of Binding Site Plan No. 96 -3, recorded in Volume 1 of Binding Site Plans, Pages
10 through 13, Auditor's File No. 530271, records of Franklin County, further described
as follows:
That portion of the North half of the Southwest quarter of Section 8, Township 9 North,
Range 29 East, W.M., Records of Franklin County, Washington, described as follows:
Commencing at the West quarter comer of said Section 8; thence south 89 008'26" East,
along the North line of said Southwest quarter, for 75.00 feet to the Easterly right of way
margin of Broadmoor Boulevard (Formerly Road 100); thence South 00 057'45" West,
along said Easterly right of way margin, for 120.26 feet; thence South 89 002'15" East for
245.53 feet to the pint of curvature with a 275.00 foot radius curve concave to the
South; thence Southwesterly along the arc of said curve to the right, through a central
angle of 21 019'15 ", for an arc distance of 102.33 feet to the point of tangency; thence
South 67 043'00" East for 233.30 feet to the True Point of Beginning;
Thence South 67 043'00" East for 5.45 feet to the point of curvature with a 175.00 foot
radius curve concave to the Northeast; thence Northeasterly along the arc of said curve
to the left, through a central angle of 90 °00'00 ", for an are distance of 274.89 feet to the
point of tangency; thence North 22 °17'00" East for 96.67 feet to the point of curvature
with a 20.00 foot radius curve concave to the Southeast; thence Northeasterly along the
arc of said curve to the right, through a central angle of 84 °30'20 ", for an arc distance of
29.50 feet to intersect the Southerly right of way margin of Sanidfur Parkway (Formerly
Broadmoor Parkway) on a 651.00 foot radius curve concave to the Northeast (The
radius point bears North 16 047'20" East); thence Southeasterly along the arc of said
curve to the left, through a central angle of 15 °55'45 ", for an arc distance of 180.99 feet
to the point of tangency; thence South 89 °08'26" East, along said Southerly right of way
margin, for 811.56 feet to a point that bears South 87 037'04" East a distance of
1,919.67 feet from the said West quarter corner of Section 8; thence leaving said
Southerly right of way margin, South 00 °51'34" West for 157.33 feet; thence South
89 008'26" East for 304.16 feet; thence South 00 °11'09" West for 289.98 feet; thence
South 89 °08'26" East for 138.44 feet; thence South 00 011'08" West for 545.73 feet to
intersect the Northerly right of way margin of SR 182 on a 4,110.00 foot radius, non -
tangent curve concave to the Southeast (The radius point bears South 20 °41'02" West);
thence Northwesterly along the arc of said curve to the left, through a central angle of
09 °29'14 ", for an arc distance of 680.55 feet; thence, leaving said curve, North
73 025'12" West, along said Northerly right of way margin for 949.40 feet; thence North
64 038'05" West, along said Northerly right of way margin, for 293.45 feet; thence,
3771101011/20112 Pasco psa.3
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leaving said Northerly right of way margin, North 22 017'00" East for 282.79 feet to the
True Point of Beginning.
APN: 115 -460 -056
Parcel B:
Lot 9 of Binding Site Plan No. 96 -3, recorded in Volume 1 of Binding Site Plans, Pages
10 through 13, Auditor's File No. 530271, records of Franklin County, further described
as follows:
That portion of the North half of the Southwest quarter of Section 8, Township 9 North,
Range 29 East, W.M., Records of Franklin County, Washington, described as follows:
Commencing at the West quarter corner of said Section 8, thence South 89 008'26"
East, along the North line of the Southwest quarter of said Section 8, for 1,918.99 feet;
thence South 00 051'34" West for 51.01 feet to a point on the Southerly right of way
margin of Sandifur Parkway (Formerly Broadmoor Parkway) with said point lying South
87 037'04" East a distance of 1,919.67 feet from said West quarter corner and being the
True Point of Beginning.
Thence South 89 008'26° East, along said Southerly right of way margin of Sandifur
Parkway (Formerly Broadmoor Parkway), for 302.31 feet; thence leaving said Southerly
right of way margin, South 00 011'09" West for 157.34 feet; thence North 89 °08'26" West
for 304.16 feet; thence North 00 051'34" East for 157.33 feet to the True Point of
Beginning.
APN: 115- 450 -045
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EXHIBIT B
EARNEST MONEY NOTE
$60,000.00
Pasco, Washington �(
iF� , 2012 (�s'
For value received, the undersigned THE CITY OF PASCO ( "Maker"), promises to
Pay to promise to pay to First American Title Insurance Company (the "Title Company')
at 200 SW Market Street, Suite 250, Portland, Oregon 97201, the principal sum of Sixty
Thousand and No /100ths Dollars ($60,000.00), with no interest on the terms and
conditions contained in that certain Real Estate Purchase Agreement Subject to
Liquidation Court Confirmation dated of even date herewith between Maker, as buyer,
and Old Standard Life Insurance Company, In Liquidation, an Idaho corporation, as
seller (the `Agreement").
Maker shall pay the sum of Sixty Thousand and No /100ths Dollars ($60,000.00)
upon Maker's issuance of the Notice to Proceed (as defined in the Agreement). In the
event that Maker does not deliver a Notice to Proceed by the last day of the Due
Diligence Period (as such terms are defined in the Agreement), then this Earnest Money
Note shall be promptly returned to Maker by the Title Company.
MAKER:
THE
By:
Narr
Title:
377110101120/12 pecco pea.3
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EXHIBIT
DISCLOSURE STATEMENT
INSTRUCTIONS TO THE SELLER
Please complete the following form. Do not leave any spaces blank. If the question
clearly does not apply to the property write "NA." If the answer is "yes" to any " items,
please explain on attached sheets. Please refer to the line number(s) of the question(s)
when you provide your explanation(s). For your protection you must date and sign each
page of this disclosure statement and each attachment. Delivery of the disclosure
statement must occur not later than five business days, unless otherwise agreed, after
mutual acceptance of a written contract to purchase between a buyer and a seller.
NOTICE TO THE BUYER
THE FOLLOWING DISCLOSURES ARE MADE BY SELLER ABOUT THE CONDITION
OF THE PROPERTY LEGALLY DESCRIBED ON THE ATTACHED EXHIBIT A (THE
"PROPERTY ").
SELLER MAKES THE FOLLOWING DISCLOSURES OF EXISTING MATERIAL
FACTS OR MATERIAL DEFECTS TO BUYER BASED ON SELLER'S ACTUAL
KNOWLEDGE OF THE PROPERTY AT THE TIME SELLER COMPLETES THIS
DISCLOSURE STATEMENT. UNLESS YOU AND SELLER OTHERWISE AGREE IN
WRITING, YOU HAVE THREE BUSINESS DAYS FROM THE DAY SELLER OR
SELLER'S AGENT DELIVERS THIS DISCLOSURE STATEMENT TO YOU TO
RESCIND THE AGREEMENT BY DELIVERING A SEPARATELY SIGNED WRITTEN
STATEMENT OF RESCISSION TO SELLER OR SELLER'S AGENT. IF THE SELLER
DOES NOT GIVE YOU A COMPLETED DISCLOSURE STATEMENT, THEN YOU
MAY WAIVE THE RIGHT TO RESCIND PRIOR TO OR AFTER THE TIME YOU
ENTER INTO A SALE AGREEMENT.
THE FOLLOWING ARE DISCLOSURES MADE BY SELLER AND ARE NOT THE
REPRESENTATIONS OF ANY REAL ESTATE LICENSEE OR OTHER PARTY. THIS
INFORMATION IS FOR DISCLOSURE ONLY AND IS NOT INTENDED TO BE A PART
OF ANY WRITTEN AGREEMENT BETWEEN BUYER AND SELLER.
FOR A MORE COMPREHENSIVE EXAMINATION OF THE SPECIFIC CONDITION OF
THIS PROPERTY YOU ARE ADVISED TO OBTAIN AND PAY FOR THE SERVICES
OF QUALIFIED EXPERTS TO INSPECT THE PROPERTY, WHICH MAY INCLUDE,
WITHOUT LIMITATION, ARCHITECTS, ENGINEERS, LAND SURVEYORS,
PLUMBERS, ELECTRICIANS, ROOFERS, BUILDING INSPECTORS, ON -SITE
WASTEWATER TREATMENT INSPECTORS, OR STRUCTURAL PEST
INSPECTORS. THE PROSPECTIVE BUYER AND SELLER MAY WISH TO OBTAIN
PROFESSIONAL ADVICE OR INSPECTIONS OF THE PROPERTY OR TO PROVIDE
3771/010 11/20112 p P".3 cshigleylold Standard lifa%broadM00r
APPROPRIATE PROVISIONS IN A CONTRACT BETWEEN THEM WITH RESPECT
TO ANY ADVICE, INSPECTION, DEFECTS OR WARRANTIES.
Seller is/ X is not occupying the property.
I. SELLER'S DISCLOSURES:
If you answer "Yes" to a question with an asterisk (`), please explain your answer and
attach documents, if available and not otherwise publicly recorded. If necessary, use an
attached sheet.
3n1/010 wzo12
cchigleyWd standard lifelbraadm r Pasco psa.3
1. TITLE AND LEGAL
[ ] Yes
[ ] No
[ ] Don't know
A. Do you have legal authority to
sell the property? If no, please
explain.
[ ] Yes
[ ] No
[ ] Don't know
'B. Is title to the property subject to
any of the following:
(1) First right of refusal
(2) Option
(3) Lease or rental agreement
(4) Life estate?
(] Yes
[ ] No
(j Don't know
`C. Are they any encroachments,
boundary agreements, or boundary
disputes?
[ ] Yes
[ ] No
[ ] Don't know
'D. Is there any lease parking?
[ ] Yes
[ ] No
[ ] Don't know
'E. Is there a private road or
easement agreement for access to
the property?
[ ] Yes
[ I No
[ ] Don't know
•F. Are there any rights -of -way,
easements, shared use
agreements, or access limitations?
[ ] Yes
[ ] No
[ I Don't know
"G. Are there any written
agreements for joint maintenance of
an easement or right -of -way?
[ ] Yes
[ ] No
[ ] Don't know
`H. Are there any zoning violations
or nonconforming uses?
[ J Yes
[ ] No
[ I Don't know
`I. Is there a survey for the
property?
3n1/010 wzo12
cchigleyWd standard lifelbraadm r Pasco psa.3
[ ] Yes [ ] No [ ] Don't know `J. Are there any legal actions
pending or threatened that affect
the property?
[ J Yes [ ] No [ ] Don't know "K. Is the property in compliance
with the Americans with Disabilities
Act?
2. WATER
[ J Yes (] No [ ] Don't know "Are there any water rights for the
property, such as a water right
permit, certificate or claim?
3. SEWER/ON -SITE SEWAGE
No SYSTEM
[ J Yes [ ] Don't know 'Is the property subject to any
sewage system fees or charges in
addition to those covered in your
regularly- billed sewer or on -site
sewage system maintenance
service?
[ ] No 4. STRUCTURAL
[I Yes [ ] Don't know 'A. Has the roof leaked within the
last five years?
[ ] Yes [ ] No () Don't know 'B. Has any occupied subsurface
flooded or leaked within the last five
years?
[ ] Yes [ ] No [ ] Don't know 'C. Have there been any
conversions, additions, or
remodeling?
[ ] Yes [ ] No [ ] Don't know `(1) If yes, were all building
permits obtained?
[ ] Yes [ ] No [ ] Don't know '(2) If yes, were all final
inspections obtained?
[) Yes [ ] No [ ] Don't know •D. Has there been any settling,
slippage, or sliding of the property
of its improvements?
3771/010 1120/12 Pas paa.3
cshigleywld standard life%roadrawr co
[]Yes
[ ] Yes
[ ] Yes
[ ] Yes
(] Yes
[ ] Yes
[ ] Yes
[ ] Yes
[ ] Yes
[ ] Yes
[ ] Yes
[ ] No [ ] Don't know *E. Are there any defects with the
following: (If yes, please check
applicable items and explain).
[ ] Foundations
[ ] Doors
[ ] Ceilings
[ ] Sidewalks
[ ] Other
[ ] Interior Walls
(] Slab Floors
(] Outbuildings
[ j Exterior Walls
[ ] Siding
[ ] Windows
[ j No [x] Don't know
'E. Is there any soil or groundwater
contamination?
3771/010 11/20112 Pasco paa.3
cshiae&1d standard OleMt ada
6. SYSTEMS AND FIXTURES
[]No
[ j
Don't know
*Are there any defects in the
following systems? If yes, please
explain.
[ ]
No
[
J Don't know
(1) Electrical system
[ ]
No
[ ]
Don't know
(2) Plumbing system
[ ]
No
[ ]
Don't know
(3) Heating and cooling systems
[ j No
[ ] Don't know
(4) Fire and security system
6. ENVIRONMENTAL
[ ] No
[xj Don't know
*A. Has there been any flooding,
standing water, or drainage
problems on the property that affect
the property or access to the
property?
[ j No
[xj Don't know
*B. Is there any material damage to
the property from fire, wind, floods,
beach movements, earthquake,
expansive soils, or landslides?
[ J No
[x] Don't know
*C. Are there any shorelines,
wetlands, floodplains, or critical
areas on the property?
[ ] No
[x] Don't know
*D. Are there any substances,
materials, or products in or on the
property that may be environmental
concerns, such as asbestos,
formaldehyde, radon gas, lead -
based paint, fuel or chemical
storage tanks, or contaminated soil
or water?
[ j No [x] Don't know
'E. Is there any soil or groundwater
contamination?
3771/010 11/20112 Pasco paa.3
cshiae&1d standard OleMt ada
[ ] Yes (] No [x] Don't know 'F. Has the property been used as
a legal or illegal dumping site?
(] Yes [ J No (xJ Don't know 'G. Has the property been used as
an illegal drug manufacturing site?
7. FULL DISCLOSURE BY
SELLERS
A. Other conditions or defects:
[ ] Yes []No [ ] Don't know 'Are there any other existing
material defects affecting the
property that a prospective buyer
should now about?
B. Verification:
The foregoing answer and attached
explanations (if any) are complete
and correct to the best of my /our
knowledge and I /we have received
a copy hereof. I /we authorize all of
my /our real estate licensees, if any,
to deliver a copy of this disclosure
statement to other real estate
licensees and all prospective
buyers of the property.
SELLER:
OLD STANDARD LIFE SURANCE COMPANY, IN
LIQUIDATION, an Idaho corporation
Name: �rl )JJ7f,/ cq c
Title: ZiOu T. L.rt
Date:-// 1G11
3771/010 11120!12 pasty psa 3
Mh99eyi01d standard Iff0broadmoor
NOTICE TO BUYER
INFORMATION REGARDING REGISTERED SEX OFFENDERS MAY BE OBTAINED
FROM LOCAL LAW ENFORCEMENT AGENCIES. THIS NOTICE IS INTENDED ONLY
TO INFORM YOU OF WHERE TO OBTAIN THIS INFORMATION AND IS NOT AN
INDICATION OF THE PRESENCE OF REGISTERED SEX OFFENDERS,
11. BUYER'S ACKNOWLEDGMENT
A. Buyer hereby acknowledges that: Buyer has a duty to pay diligent attention to
any material defects that are known to Buyer or can be known to Buyer by utilizing
diligent attention and observation.
B. The disclosures set forth in this statement and in any amendments to this
Statement are made only by the Seller and not by any real estate licensee or other
party.
C. Buyer acknowledges that, pursuant to RCW 64.06.050(2), real estate licensees
are not liable for inaccurate information provided by Seller, except to the extent that real
estate licensees know of such inaccurate information.
D. This information is for disclosure only and is not intended to be a part of the
written agreement between the Buyer and Seller.
E. Buyer (which term includes all persons signing the "Buyer's acceptance" portion
of this disclosure statement below) has received a copy or this Disclosure Statement
(including attachments, if any) bearing Seller's signature.
DISCLOSURES CONTAINED IN THIS DISCLOSURE STATEMENT ARE PROVIDED
BY SELLER BASED ON SELLER'S ACTUAL KNOWLEDGE OF THE PROPERTY AT
THE TIME SELLER COMPLETES THIS DISCLOSURE STATEMENT. UNLESS
BUYER AND SELLER OTHERWISE AGREE IN WRITING, BUYER SHALL HAVE
THREE BUSINESS DAYS FROM THE DAY SELLER OR SELLER'S AGENT
DELIVERS THIS DISCLOSURE STATEMENT TO RESCIND THE AGREEMENT BY
DELIVERING A SEPARATELY SIGNED WRITTEN STATEMENT OF RESCISSION TO
SELLER OR SELLER'S AGENT. YOU MAY WAIVE THE RIGHT TO RESCIND PRIOR
TO OR AFTER THE TIME YOU ENTER INTO A SALE AGREEMENT.
BUYER HEREBY ACKNOWLEDGES RECEIPT OF A COPY OF THIS DISCLOSURE
STATEMENT AND ACKNOWLEDGES THAT THE DISCLOSURES MADE HEREIN
ARE THOSE OF THE SELLER ONLY, AND NOT OF ANY REAL ESTATE LICENSEE
OR OTHER PARTY.
3771/01011/20/12 pasty psa.3
cshigley%old standard Welbroadmaor
BUYER:
CIT`
By:
NarT
Title
Date: 11 - 2)- I'i�
The seller disclosure statement shall be for disclosure only, and shall not be considered
part of any written agreement between the buyer and seller of residential property. The
seller disclosure statement shall be only a disclosure made by the seller, and not any
real estate licensee involved in the transaction, and shall not be construed as a
warranty of any kind by the seller or any real estate licensee involved in the transaction.
3771/010 11=112
mhi&&Id at"Ord llfa% oedmw pae pm.3