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HomeMy WebLinkAbout2013.09.16 Council Meeting PacketRegular Meeting 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance AGENDA PASCO CITY COUNCIL 7:00 p.m. September 16, 2013 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 September 3, 2013. (b) Bills and Communications: (A detailed listing of claims is available for review in the Finance Manager's office.) To approve General Claims in the amount of $1,603,914.30 ($120,317.98 in the form of Electronic Fund Transfer Nos. 16397, 16398, 16406, 16431, 16447 and 16448; and $1,483,596.32 in the form of Wire Transfer Nos. 1357, 1358 and 1361; and Claim Warrants numbered 194644 through 194851). 2. To approve bad debt write -offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non - criminal, criminal, and parking) accounts receivable in the total amount of $213,917.13 and, of that amount, authorize $155,147.36 be turned over for collection. (c) Waiver of Sewer Utility Service Requirement (MF #USW2013 -009): 1. Agenda Report from Rick White, Community & Economic Development Director dated September 3, 2013. 2. Vicinity Map. 3. Proposed Utility Service Waiver Agreement. To conditionally approve the sewer utility service waiver at 6405 Maverick Court. (d) Reappointment to Regional Public Facilities District Board of Directors: 1. Agenda Report from Gary Crutchfield, City Manager dated September 4, 2013. To reappoint Matt Watkins to the Board of Directors of the Tri- Cities Regional Public Facilities District, term to expire October 1, 2016. *(e) Resolution No. 3509, a Resolution accepting work performed by Sharpe & Preszler Construction Company, Inc., under contract for the Commercial Avenue/US- 12/Lewis Street Water Line Project. 1. Agenda Report from Mike Pawlak, City Engineer dated September 9, 2013. 2. Vicinity Map. 3. Resolution. To approve Resolution No. 3509, accepting the work performed by Sharpe & Preszler Construction Company, Inc., under contract for the Commercial Avenue/US- 12/Lewis Street Water Line Project. *(f) Resolution No. 3510, a Resolution accepting work performed by Sharpe & Preszler Construction Company, Inc., under contract for the Maple Drive Sewer Extension Project. 1. Agenda Report from Mike Pawlak, City Engineer dated September 9, 2013. 2. Vicinity Map. 3. Resolution. To approve Resolution No. 3510, accepting the work performed by Sharpe & Preszler Construction Company, Inc., under contract for the Maple Drive Sewer Extension Project. *(g) Resolution No. 3511, a Resolution accepting work performed by Apollo, Inc., under contract for the Wastewater Treatment Plant Optimization Improvements, Project No. C3- 10- 51 -SWR. 1. Agenda Report from Mike Pawlak, City Engineer dated September 9, 2013. 2. Vicinity Map. 3. Resolution. To approve Resolution No. 3511, accepting the work performed by Apollo, Inc., under contract for the Wastewater Treatment Plant Optimization Improvements Project. (RC) MOTION: I move to approve the Consent Agenda as read. Regular Meeting 2 September 16, 2013 4. PROCLAMATIONS AND ACKNOWLEDGMENTS: (a) (b) (c) 5. VISITORS - OTHER THAN AGENDA ITEMS: (a) (b) (c) 6. REPORTS FROM COMMITTEES AND /OR OFFICERS: (a) Verbal Reports from Councilmembers (b) Finance Manager: General Fund Operating Statement through August 2013. (c) 7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: (a) Final Assessment Roll for LID No. 148 — Kurtzman Park Street Improvements, Phase 2. 1. Agenda Report from Mike Pawlak, City Engineer dated September 9, 2013. 2. Final Assessment Map. 3. Final Assessment Summary. 4. Ordinance. CONDUCT A PUBLIC HEARING Ordinance No. , an Ordinance of the City of Pasco, Washington, relating to Local Improvement District No. 148; approving and confirming the assessments and assessment roll of Local Improvement District No. 148 for the purpose of making improvements to Waldemar, Cedar, Hugo and Sycamore Avenues, and Alton and Helena Streets in the Kurtzman area to City street standards, including road widening, curb, gutter, sidewalk, storm drain system and street lighting as provided by Ordinance No. 3988; levying and assessing a part of the cost and expense of the improvements against the lots, tracts, parcels of land and other property as shown on the assessment roll; and, providing for collection of assessments. MOTION: I move to adopt Ordinance No. , relating to Local Improvement District No. 148; approving and confirming the assessments and assessment roll of Local Improvement District No. 148 for the improvements to Waldemar, Cedar, Hugo and Sycamore Avenues, and Alton and Helena Streets in the Kurtzman area to City street standards, including road widening, curb, gutter, sidewalk, storm drain system and street lighting, as provided by Ordinance No. 3988; levying and assessing a part of the cost and expense of the improvements against the lots, tracts, parcels of land and other property as shown on the assessment roll; and, providing for collection of assessments; and, further, authorize publication by summary only. (b) Final Assessment Roll for LID No. 149 — Kurtzman Park Street Improvements, Phase 3. 1. Agenda Report from Mike Pawlak, City Engineer dated September 9, 2013. 2. Final Assessment Map. 3. Final Assessment Summary. 4. Ordinance. CONDUCT A PUBLIC HEARING Ordinance No. , an Ordinance of the City of Pasco, Washington, relating to Local Improvement District No. 149; approving and confirming the assessments and assessment roll of Local Improvement District No. 149 for the purpose of making roadway improvements, curb and gutter, sidewalk, storm drainage, and handicap ramps to current ADA standards, driveway approaches and other associated street work of South Cedar, South Hugo Avenues and East Alton Street, as provided by Ordinance No. 4035; levying and assessing a part of the cost and expense of the improvements against the lots, tracts, parcels of land and other property as shown on the assessment roll; and, providing for collection of assessments. MOTION: I move to adopt Ordinance No. , relating to Local Improvement District No. 149; approving and confirming the assessments and assessment roll of Local Improvement District No. 149 for roadway improvements, curb and gutter, sidewalk, storm drainage, and handicap ramps to current ADA standards, driveway approaches and other associated street work of South Cedar, South Hugo Avenues and East Alton Street, as provided by Ordinance No. 4035; levying and assessing a part of the cost and expense of the improvements against the lots, tracts, parcels of land and other property as shown on the assessment roll; and providing for collection of assessments; and, further, authorize publication by summary only. Regular Meeting 3 September 16, 2013 8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: (a) Ordinance No. , an Ordinance amending PMC Title 25 and PMC 26 Dealing with Park Fees, establishing a new Chapter 3.133 -1 dealing with Park Fees, and amending PMC T itle 3 regarding Park hnpact Fees. 1. Agenda Report from Dave McDonald, City Planner dated September 10, 2013, 2. Proposed Ordinance. MOTION: I move to adopt Ordinance No. , amending PMC Title 25 and 26 dealing with Park Fees, establishing a new Chapter 3.133 -1 dealing with Park Fees, and amending PMC Title 3 regarding Park impact Fees and, further, to authorize publication by summary only. (b) Ordinance No. , an Ordinance of the City of Pasco, Washington, creating a new Section 9.44.060 "Solicitation to Occupants of Vehicles in Public Roadways Prohibited." 1. Agenda Report from Bob Metzger, Chief of Police dated September 6, 2013. 2. Proposed Ordinance. MOTION: I move to adopt Ordinance No. , creating a new Section 9.44.060 of the Pasco Municipal Code entitled "Solicitation to Occupants of Vehicles in Public Roadways Prohibited" and, further, to authorize publication by summary only. (c) Ordinance No. , an Ordinance relating to automobile repair operations and land use amending Title 25 of the Pasco Municipal Code. 1. Agenda Report from Rick White, Community & Economic Development Director dated September 10, 2013. 2. Proposed Ordinance. MOTION: I move to adopt Ordinance No. relating to automobile repair operations and amending Title 25 of the Pasco Municipal Code and, further, to authorize publication by summary only. (d) PMC Title 15 Telecommunications Amendments. 1. Agenda Report from Stan Strebel, Deputy City Manager dated September 10, 2013. 2. Proposed Ordinance, Title 15 Telecommunications. 3. Proposed Resolution Cable TV Customer Service Standards. Note: attachments are in Council packets only; copy available for public review in the City Manager's office, the Pasco Library and on the City's webpage at www.pasco- wa.izov/citvcouncilrel)orts. Ordinance No. , an Ordinance of the City of Pasco, Washington, Amending Sections 15.10.020 "Definitions ", and Section 15.80.020 "Application and Review Fee "; Creating Section 15.40.030 "Cable Franchise ", and Creating Chapter 15.95 "Cable Systems and Open Video Systems" regulating the occupancy and use of Public Rights -of -Way by cable systems and open video systems, providing for establishment of customer service standards; establishing franchise and licensing requirements for operators of such systems and prescribing minimum charges, terms, and conditions for and upon the construction, maintenance, and repair of such systems. MOTION: I move to adopt Ordinance No. amending Sections 15.10.020 "Definitions," and Section 15.080.020 "Application and Review Fee" of the Pasco Municipal Code; creating Section 15.40.030 "Cable Franchise," and creating Chapter 15.95 "Cable Systems and Open Video Systems" of the Municipal Code, regulating the occupancy and use of public rights -of -way by cable systems and open video systems, providing for establishment of customer service standards; establishing franchise and licensing requirements for operators of such systems and prescribing minimum charges, terms and conditions for and upon the construction, maintenance and repair of such systems and, further, to authorize publication by summary only. -AND - Resolution No. , a Resolution of the City of Pasco adopting established Cable Television Customer Service Standards. MOTION: I move to approve Resolution No. adopting Cable Television Customer Service Standards. *(e) Resolution No. . a Resolution approving the use of Subrecipient agreements for HOME programs and authorizing the City Manager to execute HOME Consortium Subrecipient agreements for Program Years 2011 -2013. 1. Agenda Report from Angela Pitman, Block Grant Administrator dated September 10, 2013. 2. Proposed Resolution. 3. Subrecipient Agreement for Down Payment Assistance. MOTION: I move to approve Resolution No. _, authorizing the City Manager to execute Subrecipient Agreements with the Tri-Cities HOME Consortium Lead Agency. Regular Meeting September 16, 2013 *(f) Resolution No. , a Resolution of the City of Pasco expressing the need to include the Lewis Street Overpass project in a Washington State transportation improvement funding package. 1. Agenda Report from Gary Crutchfield, City Manager dated September 12, 2013. 2. Graph, Return on Gas Tax Contributions, by County, 2004 -2012. 3. Proposed Resolution. MOTION: I move to approve Resolution No. _, expressing the need to include the Lewis Street Overpass in a state transportation improvement funding package. 9. UNFINISHED BUSINESS: (None) 10. NEW BUSINESS: *(a) Reject Bids for Road 68 Improvements, Phase 2 and Interconnect Road 68 Signals Project No. C2- 11- 16-STR and C5- ST- 4A- 13 -01: 1. Agenda Report from Mike Pawlak, City Engineer dated September 10, 2013. 2. Vicinity Map — Road 68 Improvements, Phase 2. 3. Vicinity Map — Interconnect Road 68 Signals. 4. Bid Summary. MOTION: I move to reject all bids for the Road 68 Improvements, Phase 2 and Interconnect Road 68 Signals Project in as much as all of the bids received significantly exceeded the Engineer's estimate and approved project budget. *(b) Professional Services Agreement — Design for Butterfield WTP Traveling Screens, Phase H: 1. Agenda Report from Ahmad Qayoumi, Public Works Director dated September 11, 2013. 2. Vicinity Map. 3. Professional Services Agreement Summary Sheet. MOTION: I move to approve the Professional Services Agreement with RH2 Engineering, Inc., authorizing design services with respect to the Butterfield WTP Traveling Screens Project in the amount of $67,976 and, further, authorize the City Manager to sign the agreement. *(c) Middleton Purchase Agreement: 1. Agenda Report from Gary Crutchfield, City Manager dated September 12, 2013. 2, Vicinity Map. 3. Proposed Agreement. MOTION: I move to approve the real estate purchase agreement with Middleton Six Sons Farms LLC and, further, authorize the City Manager to sign all documents necessary and appropriate to execute the agreement. 11. MISCELLANEOUS DISCUSSION: (a) (b) (c) 12. EXECUTIVE SESSION: (a) (b) (e) 13. ADJOURNMENT. (RC) Roll Call Vote Required * Item not previously discussed MF# "Master File #...... Q Quasi - Judicial Matter REMINDERS: 1. 10:00 a.m., Sunday, September 15, Riverview Baptist Church — Anniversary Address. (MAYOR MATT WATKINS) 2. 12:00 p.m., Monday, September 16, Pasco Red Lion — Pasco Chamber of Commerce Membership Luncheon. ( "Health Care Reform" Presented by Pasco Chamber Healthcare Marketplace Advisors) 3. 6:00 p.m, Monday, September 16, City Hall Conference Room #1 — LEOFF Disability Board Meeting. (MAYOR MATT WATKINS and COUNCILMEMBER REBECCA FRANCIK) 4. 4:00 p.m. — 6:00 p.m., Tuesday, September 17, Osprey Pointe — Tri- Cities Legislative Council Thank You Reception. (MAYOR MATT WATKINS) 5. 11:00 a.m., Thursday, September 19, TRAC — All Senior Picnic. (MAYOR MATT WATKINS, COUNCILMEMBERS TOM LARSEN and AL YENNEY) 6. 11:30 a.m., Friday, September 20 — Benton - Franklin Council of Governments Board Meeting. ( COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.) MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 3, 2013 CALL TO ORDER: The meeting was called to order at 7:00 p.m. by Matt Watkins, Mayor. ROLL CALL: Councilmembers present: Rebecca Francik, Mike Garrison, Robert Hoffinann, Tom Larsen, Saul Martinez, Matt Watkins and Al Yenney. Staff present: Gary Crutchfield, City Manager; Leland Kerr, City Attorney; Stan Strebel, Deputy City Manager; Richard Terway, Administrative & Community Services Director; Rick White, Community & Economic Development Director; Ahmad Qayoumi, Public Works Director; Jim Raymond, Police Captain; 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 August 19, 2013. (b) Bills and Communications: To approve General Claims in the amount of $1,945,310.31 ($58,631.15 in the form of Electronic Fund Transfer No. 16231; and $1,886,679.16 in the form of Wire Transfer Nos. 1344, 1345, 1349 through 1356; and Claim Warrants numbered 194467 through 194643). To approve Payroll Claims in the amount of $2,465,196.34, Voucher Nos. 45917 through 46086 and 80300 through 80309; and EFT Deposit Nos. 30061321 through 30061951. (c) Resolution No. 3504, a Resolution authorizing amendment of prior year HOME Annual Action Plans for conversion of homebuyer activities to HOME assisted rental activities. To approve Resolution No. 3504, authorizing amendment of HOME Annual Action Plans for conversion of homebuyer activities to HOME assisted rental activities. (d) Resolution No. 3505, a Resolution authorizing the disposal of a Fire Department vehicle considered surplus property to City needs. To approve Resolution No. 3505, authorizing the sale of one vehicle considered surplus to City needs. (e) Resolution No. 3506, a Resolution fining the time and date for a public hearing to consider vacating a portion of Sandifur Parkway. To approve Resolution No. 3506, setting 7:00 p.m., Monday, October 7, 2013 as the time and date to conduct a public hearing to consider vacating a portion of Sandifur Parkway. MOTION: Ms. Francik moved to approve the Consent Agenda as read. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. 3(a).1 MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 3, 2013 PROCLAMATIONS AND ACKNOWLEDGMENTS: Mayor Watkins presented Certificates of Appreciation for August 2013 "Yard of the Month" to: Raul and Margarita Rodriguez, 702 W. Bonneville Street Chris Gamino, 1715 W. Henry Street Greg and Lisa Stoetzel, 4215 Anza - Borrego Court Kyle Sullivan, 4703 Shoreline Court Mayor Watkins presented a Certificate of Appreciation for August 2013 "Business Appearance of the Month" to: Arby's, 5115 Road 68 REPORTS FROM COMMITTEES AND /OR OFFICERS: Ms. Francik attended the Labor Day Picnic at Columbia Park. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND RESOLUTIONS RELATING THERETO: Rezone (MF #Z2013 -003) Rezone from R -2 (Medium- Density Residential) to C -1 (Retail Business). Mr. Yenney disclosed he considered purchasing this property a few years ago. There was no objection to his participation. MAYOR WATKINS DECLARED THE CLOSED RECORD HEARING OPEN. Council and staff discussed the details of the record. MAYOR WATKINS DECLARED THE CLOSED RECORD HEARING CLOSED. Ordinance No. 4114, an Ordinance of the City of Pasco, Washington, amending the Zoning classification of property located at 2302 East Lewis Street from R -2 (Medium Density Residential) to C- 1 (Retail Business). MOTION: Ms. Francik moved to adopt Ordinance No. 4114, rezoning the property at 2302 E. Lewis Street from R -2 to C -1 and, further, authorize publication by summary only. Mr. Garrison seconded. Motion carried by unanimous Roll Call vote. Final Assessment Roll for LID No. 148 — Kurtzman Park Street Improvements, Phase 2. Mr. Yenney disclosed he has a family member in LID 148. There was no objection to his participation. Council and staff discussed the details of the Final Assessment Roll for LID 148. MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE LID 148 FINAL ASSESSMENT ROLL. Mr. Jerry Miller, 516 S. Cedar, commented on the lack of planning and communication during the project. Mr. Ron Campbell, 430 S. Sycamore, is not in the LID but is concerned about what property owners received for the assessment. Mr. C.W. Brown, 631 S. Waldemar, inquired about the sewer hookup fee. Mr. Rocky Miller, 531 S. Waldemar, is concerned about damage to his landscaping and placement of lines. MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 3, 2013 MOTION: Ms. Francik moved to continue the public hearing on the Final Assessment Roll for LID 148 to the September 16 Regular meeting to review final costs. Mr. Yenney seconded. Motion carried unanimously. Final Assessment Roll for LID No. 149 — Kurtzman Park Street Improvements, Phase 3. Mr. Pawlak explained the details of the Final Assessment Roll for LID 149. MAYOR WATKINS DECLARED THE PUBLIC HEARING OPEN TO CONSIDER THE LID 149 FINAL ASSESSMENT ROLL. MOTION: Ms. Francik moved to continue the public hearing on the Final Assessment Roll for LID 149 to the September 16 Regular meeting to review final costs. Mr. Martinez seconded. Motion carried unanimously. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS: Ordinance No. 4116, an Ordinance of the City of Pasco, Washington, amending Sections 3.29.020 "Park Planning Districts "; Section 3.29.030 "Deposit of Moneys'; and Section 3.29.050 "Expenditure of Funds" establishing Park Planning Districts. MOTION: Ms. Francik moved to adopt Ordinance No. 4116, amending PMC Section 3.29.020 "Park Planning Districts"; Section 3.29.030 "Deposit of Moneys "; and Section 3.29.050 "Expenditure of Funds" establishing Park Planning Districts and, further, to authorize publication by summary only. Mr. Martinez seconded. Motion carried unanimously. Resolution No. 3507, a Resolution of the City of Pasco, Washington, declaring a moratorium prohibiting producing, processing and retail sales of recreational marijuana and setting a public hearing thereon. Council and staff discussed the details of the proposed resolution. MOTION: Ms. Francik moved to approve Resolution No. 3507, declaring a moratorium prohibiting producing, processing and retail sales of recreational marijuana and setting a public hearing on the moratorium for October 7, 2013. Mr. Garrison seconded. Motion carried unanimously. Resolution No. 3508, a Resolution of the City of Pasco, Washington, amending Resolution No. 3492 requesting the Franklin County Auditor to place the question of "Reduction of City Limits" on the November 5, 2013 ballot. Council and staff discussed the details of the proposed resolution. MOTION: Ms. Francik moved to approve Resolution No. 3508, amending Resolution No. 3492, requesting the Franklin County Auditor to place the question for "Reduction of City Limits" on the November 5, 2013 ballot, as sought by citizens' petition, and providing ballot title. Mr. Yenney seconded. Motion carried by unanimous Roll Call vote. NEW BUSINESS: Street Name (MF# INF02013 -068) Establishing St. Francis Lane as the Name for a New Street: Council and staff discussed the details of the proposed street name. MOTION: Ms. Francik moved to accept Saint Francis Lane as the name for the new street connecting Saint Thomas Drive with Chapel Hill Boulevard. Mr. Martinez seconded. Motion carried unanimously. MINUTES REGULAR MEETING PASCO CITY COUNCIL SEPTEMBER 3, 2013 Professional Services Agreement for Lewis Street Overpass Demolition Plan — Hazardous Materials Investigation: Council and staff discussed the details of the proposed project. MOTION: Ms. Francik moved to approve the Professional Services Agreement with Whiteshield Inc., authorizing the Hazardous Materials Investigation and Associated TCLP Analysis with respect to the Lewis Street Overpass Demolition project in the amount of $18,015 and, further, authorize the City Manager to sign the agreement. Mr. Yenney seconded. Motion carried unanimously. Court Street ADA Upgrade and Countdown Signal Heads and 2012 ADA Ramps (Project No. GI- ST- 36- 13 -02): Council and staff discussed the details of the proposed project. MOTION: Ms. Francik moved to award the low bid for the Court Street ADA Upgrade and Countdown Signal Heads, and 2012 ADA Ramps to Allstar Construction Group, Inc., in the amount of $671,184.42 and, further, authorize the Mayor to sign the contract documents. Mr. Martinez seconded. Motion carried by unanimous Roll Call vote. Pasco Safe Route to Schools -1 (Project No. Gl- ST- 36- 13 -01): Council and staff discussed the details of the proposed project. MOTION: Mr. Martinez moved to award the low bid for the Pasco Safe Route to Schools -1 Project to Sierra Electric, Inc., in the amount of $94,410.00 and, further, authorize the Mayor to sign the contract documents. Ms. Francik seconded. Motion carried by unanimous Roll Call vote. ADJOURNMENT: There being no further business, the meeting was adjourned at 8:51 p.m. APPROVED: ATTEST: Matt Watkins, Mayor Debra L. Clark, City Clerk PASSED and APPROVED this 16th day of September, 2013. !0 CITY OF PASCO Council Meeting of: September 16, 2013 Accounts Payable Approved The City Council City of Pasco, Franklin County, Washington We, undersigned, do hereby certify under penalty of perjury that the materials have been furnished, the se is rendered or th orperformed as described herein and that the claim is a just, due and unpaid blication as sfEha ttv and that we are authorized to authenticate and certify to said claim. Gary Crutchfield,, °City Z D Dunye ason, Fjfiance Services anager We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do 2,482.72 hereby certify on this 16 day of September, 2013 that the merchandise or services hereinafter specified have been received: Check Numbers and 194644 - 194851 In The Amount Of: $ 1,483,596.32 Electronic Funds Transfers: 1357, 1358, 1361 C. D. BLOCK GRANT In The Amount Of: $ 120,317.98 Electronic Funds Transfers: 16397, 16398, 16406 NSP GRANT (Journal Entries) 16431, 16447, 16448 Combined total of $1,603,914.30 Councilmember Councilmember AMBULANCE SERVICE SUMMARY OF CLAIMS BY FUND: CEMETERY GENERALFUND: 320.00 Legislative 21,344.28 Judicial 4,447.84 Executive 69,635.87 Police 12,511.78 Fire Administration & Community Services 60,517.50 Community Development 1,628.53 Engineering 3,221.68 Non - Departmental 32,935.36 Library 95,083.82 TOTAL GENERAL FUND: 301,646.66 STREET 2,482.72 ARTERIAL STREET 0.00 STREET OVERLAY 0.00 C. D. BLOCK GRANT 31,100.07 HOME CONSORTIUM GRANT 5,054.43 NSP GRANT 0.00 KING COMMUNITY CENTER 580.15 AMBULANCE SERVICE 22,604.73 CEMETERY 8,216.95 GOLF COURSE FUND 56,423.82 SENIOR CENTER OPERATING 3,536.63 MULTI MODAL FACILITY 252.01 SCHOOL IMPACT FEES 147,328.00 RIVERSHORE TRAIL & MARINA MAIN 816.85 SPECIAL ASSESSMNT LODGING 19,015.31 LITTER CONTROL 1,518.64 REVOLVING ABATEMENT 144.00 TRAC DEVELOPMENT & OPERATING 0.00 ECONOMIC DEVEL & INFRASTRUCT 6,015.00 STADIUWCONVENTION CENTER 2,500.00 GENERAL CAP PROJ CONSTRUCTION 438,624.06 WATERISEWER 271,290.50 EQUIPMENT RENTAL - OPERATING GOVERNMENTAL 27,665.48 EQUIPMENT RENTAL - OPERATING BUSINESS 10,627.48 EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL 16,151.75 EQUIPMENT RENTAL- REPLACEMENT BUSINESS 0.00 MEDICALIDENTAL INSURANCE 148,908.43 CENTRAL STORES 0.00 PAYROLL CLEARING 47,854.37 LID CONSTRUCTION 0.00 PUBLIC FACILITIES DIST 33,142.44 TRI CITY ANIMAL CONTROL 413.82 SENIOR CENTER ASSOCIATION 0.00 GRAND TOTAL ALL FUNDS: $ 1,603,914.30 3(b).1 AGENDA REPORT FOR: City Counci DATE: September 11, 2013 TO: Gary Crutch *ieanager REGULAR: September 16, 2013 Rick Terwative & Comm ices Director FROM: Dunyele Masud, Financial Services Manager�/1 SUBJECT: BAD DEBT WRITE -OFF'S /COLLECTION. I. REFERENCE (S): Write -off and collection lists are on file in the Finance Department. H. ACTION REOUESTED OF COUNCIL/STAFF RECOMMENDATIONS: MOTION: I move to approve bad debt write -offs for utility billing, ambulance, cemetery, general accounts, miscellaneous accounts, and Municipal Court (non - criminal, criminal, and parking) accounts receivable in the total amount of $213,917.13 and, of that amount, authorize $155,147.36 be turned over for collection. III. HISTORY AND FACTS BRIEF: 1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write -offs are under $10 with no current forwarding address, or are accounts in "occupant" status. Accounts submitted for collection exceed $10.00. 2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. Direct write offs including DSHS and Medicare customers; the law requires that the City accept assignment in these cases. 3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non - criminal and criminal fines, and parking violations over 30 days past due. 4. CODE ENFORCEMENT — LIENS — These are Code Enforcement violation penalties which are either un- collectable or have been assigned for collections because the property owner has not complied or paid the fine. There are still liens in place on these amounts which will continue to be in effect until the property is brought into compliance and the debt associated with these liens are paid. 5. CEMETERY — These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. 7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are returned with no forwarding address. Those submitted for collection exceed $10.00. cc: Dot French, Municipal Court Clerk 3(b).2 Amount Direct Referred to Total Write -offs Collection Write -offs Utility Billing $ 252.20 .00 252.20 Ambulance $ 58,517.57 15,328.36 73,845.93 Court A/R $ .00 137,891.00 137,891.00 Code Enforcement $ .00 1,533.00 1,533.00 Cemetery $ .00 .00 .00 General $ .00 .00 .00 Miscellaneous $ .00 395.00 395.00 TOTAL: $ 58,769.77 155,147.36 213,917.13 IV. ADMINISTRATIVE ROUTING: cc: Dot French, Municipal Court Clerk 3(b).2 FOR: TO: FROM: AGENDA REPORT City Council Gary Crutchfi anager Rick White, Community & Economic Development Director September 3, 2013 Workshop Mtg.: 9/09/2013 Regular Mtg.: 9/16/2013 �9 SUBJECT: Waiver of Sewer Utilitv Service Reauirement (MF# USW 2013 -009) I. II. III. IV REFERENCE(s): 1. Vicinity Map 2. Proposed Utility Service Waiver Agreement ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 9/9: DISCUSSION 9/16: MOTION: I move to conditionally approve the sewer utility service waiver at 6405 Maverick Court. FISCAL IMPACT: None HISTORY AND FACTS BRIEF: A. In August, 2013 the applicant applied for a utility service waiver to install a septic system for new construction of single family dwelling at 6405 Maverick Court. PMC 16.06 requires connection to the utility system when a building permit is issued unless such requirement is waived by action of City Council. B. Utility waivers are granted/denied by City Council in accord with the requirements of PMC 16.06.050. This section of the PMC requires that City Council base their decision on the following criteria: • Special circumstances applicable to the property in question or the intended use that do not generally apply to either properties or classes of uses in the same vicinity or zoning classification. • A waiver is necessary for the preservation and enjoyment of a substantial property right or use possessed by other properties in the same vicinity and same zoning classification, which because of special circumstances is denied to the property in question. • The granting of the waiver will not be detrimental to the public welfare or egregious to other property improvements in such vicinity and zoning classification, which the subject property is located. • The granting of a waiver will not conflict with the general intent of this chapter. C. The above criteria contained in PMC 16.06.050 is established to measure unusual or unique circumstances peculiar to a certain property that would justify waiver of a requirement for utility connections similar to the way a land use variance would be evaluated. 3(c) D. The recent annexation of Riverview Area #2 poses a different set of circumstances where most developed and undeveloped properties share a common condition — unavailability of sewer service. V. DISCUSSION: A. Presently, there is no sewer service provided near the property. The existing closest sewer line is approximately 3,500 feet from the applicant's property and it is not cost effective for a private party or the City to provide for the extension of such line. In addition, the Sewer Master Plan shows this area is served by lift stations expected to be provided approximately in the year 2025. While the date could change depending on the rate of development, it is accurate to state that sewer infrastructure is not in place now or in the near future for extension to the properties in question. B. The applicant's property is similar and in some respects identical to much of the surrounding residential development. All of the single family homes in this vicinity have been developed with septic systems on relatively large lots. A local improvement district to extend sewer to this part of Pasco is not likely due do the existing development pattern in the area. C. Standards for septic systems are administered through the Benton Franklin Health Department and will apply to the installation of septic systems on this property. It is not expected that the waiver will be detrimental to public health or welfare in this vicinity. D. The granting of a waiver will not conflict with the intent of Chapter 16.06 of the PMC. The significant costs associated with sewer line extension, the timeframe expected for the provision of infrastructure to allow the area to be served by city sewer, and the unlikelihood of a local improvement district leads staff to recommend that a sewer connection waiver be granted for the property. Vicinity Item: Utility Sewer Waiver Applicant: Olin Homes Map File #: USW2013 -009 - - j^ ° ,r B�LZJi�TERCREEK!C�i��•` r. LSL Y Rem A lid YY ' r °a, - 1 tl � t j u 9d I SIiI.VE'RCR+EStTI,C +T -� ' e Y ! ! i . � MAYE'RICK CST { 1 R ® ECRE + Fl. K�T t W] P FBI 1 � I R Iou�R f say a e I W E 1 f T'. �I it WHEN RECORDED RETURN TO: City of Pasco, Washington Engineering Department 525 North 3rd Avenue Pasco, WA 99301 UTILITY SERVICE WAIVER AGREEMENT (CHAPTER 16.06 PMC) 1) The undersigned is the owner of the real property situated in Franklin County, Washington addressed as 6405 Maverick Court and described as: Tax Parcel #: 118 -591 -090 Legal: Lot 1, Columbia Flats, according to the Plat thereof recorded in Volume D of Plats Page 338, records of Franklin County, Washington 2) The undersigned has made application for waiver of the utility service requirements of Chapter 16.06 PMC and the Pasco City Council has by motion approved said waiver based on the following Findings: a) Presently, there is no sewer service provided near the property. The existing closest sewer line is approximately 3,500 feet from the applicant's property and it is not cost effective for a private party or the City to provide for the extension of such line. In addition, the Sewer Master Plan shows this area is served by lift stations expected to be provided approximately in the year 2025. While the date could change depending on the rate of development, it is accurate to state that sewer infrastructure is not in place now or in the near future for extension to the properties in question; b) The applicant's property is similar and in some respects identical to much of the surrounding residential development. All of the single family homes in this vicinity have been developed with septic systems on relatively large lots. A local improvement district to extend sewer to this part of Pasco is not likely at this time due do the existing development pattern and conditions in the area; c) Standards for septic systems are administered through the Benton Franklin Health Department and will apply to the installation of septic systems on this property. It is not expected that the waiver will be detrimental to public health or welfare in this vicinity; d) The granting of a waiver will not conflict with the intent of Chapter 16.06 of the PMC. The significant costs associated with sewer line extension, the timeframe expected for the provision of infrastructure to allow the area to be served by city sewer, and the unlikelihood of a local improvement district in the near future support the granting of a waiver for connection to the city sewer system for the property. 3) The waiver is conditioned upon the undersigned making the following agreements and acknowledgments with the City, which the undersigned does hereby freely and voluntarily make: a) The undersigned agrees to provide the City of Pasco with all necessary Health District approvals for the use of a septic tank system at the above referenced property; b) The undersigned acknowledges that the granting of a sewer utility waiver does not exempt him/her from any obligation that results from the formation of a Local Improvement District to provide sanitary sewer to the undersigned's property; c) The undersigned shall pay an equitable share of any private sewer utility extensions abutting the undersigned's property; d) The above covenants to the City shall run with the land and be binding on the owner, on the undersigned, his/her heirs, devisees, successors and assigns and all owners now or hereafter of the land above described, or of any of said land described above; e) A violation of any of the above covenants may be enjoined and the same enforced at the suit of the City. This utility waiver and agreement has been approved by the Pasco City Council on day of ,20 CITY OF PASCO: Gary Crutchfield, City Manager PROPERTY OWNER(S): Signature of Legal Property Owner(s) Signature of Legal Property Owner(s) UTILITY SERVICE WAIVER AGREEMENT (MF# USW2013 -009) —PAGE 2 STATE OF WASHINGTON ) ss. County of Franklin On this day personally appeared before me Gary Crutchfield. to be known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 20—. STATE OF WASHINGTON ) ss. County of Franklin NOTARY PUBLIC in and for the State of Washington Residing at: My Commissioner Expires: On this day personally appeared before me , to be known to be the individual(s) described in and who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 20_. NOTARY PUBLIC in and for the State of Washington Residing at: My Commissioner Expires: UTILITY SERVICE WAIVER AGREEMENT (MF# USW2013 -009) -PAGE 3 AGENDA REPORT FOR: City Council September 4, 2013 FROM: Gary Crutchfie , ty anager Workshop Mtg.: 9/9/13 Regular Mtg.: 9/16/13 SUBJECT: Reappointment to Regional Public Facilities District Board of Directors I. REFERENCE(S): II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 9/9: Discussion 9/16: MOTION: I move to reappoint Matt Watkins to the Board of Directors of the Tri- Cities Regional Public Facilities District, term to expire October 1, 2016. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) Each of the cities approved the Interlocal Cooperation Agreement providing for the creation of the Tri- Cities Regional Public Facilities District (TCRPFD), effective October 1, 2010. B) There are nine members of the Board of Directors of TCRPFD, three to be appointed by each City Council. All members of the Regional Board are to be either members of the respective City Council or the respective city's Public Facilities District. C) Board members serve three -year terms and may be reappointed to serve not more than three consecutive full terms. V. DISCUSSION: A) In September 2010, Council made the initial appointments of Mayor Watkins (three -year term) and Councilmember Francik (two -year term) as Pasco representatives to the RPFD Board. In 2011, Council appointed Councilmember Martinez (term expires 10/1/14) and, in 2012, reappointed Councilmember Francik to a three -year term (term expires 1011115). B) As Mayor Watkins' initial three -year term expires on October 1, 2013, staff requests reappointment of him to the Tri- Cities Regional Public Facilities District Board. Mr. Watkins' term will expire October 1, 2016. 3(d) AGENDA REPORT NO. 33 FOR: City Council TO: Gary 0 Ahmad FROM: Michael A. Pawlak, City September 9, 2013 Regular Mtg.: 9/16/13 SUBJECT: Accept Commercial Avenue/US -12 /Lewis Street Water Line Project #C7- WT- 2R -13 -04 I. REFERENCE(S): 1. Vicinity Map 2. Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 09/16: MOTION: I move to approve Resolution No. �oq accepting the work performed by Sharpe & Preszler Construction Company, Inc. under contract for the Commercial Avenue/US- 12/Lewis Street Water Line Project. III. FISCAL IMPACT: Water Utility Fund IV. HISTORY AND FACTS BRIEF: A) On April 15, 2013, Council awarded the Commercial Avenue/US- I2/Lewis Street Water Line project to Sharpe & Preszler Construction Company, Inc. for $234,053.96. V. DISCUSSION: A) The project involved installing approximately 2,100 linear feet of 16 -inch ductile iron water main on Commercial Avenue just south of the Pasco - Kahlotus Highway intersection. B) The final project construction contract totalled $231,366.97, a savings of $2,686.99. C) The work is now complete and staff recommends City Council acceptance of this work. 3(e) W z W al i Q 1 � 1 W 1 LU LLI L 1 J y Q � �l U � 4 Lu 5L G� IO V \� \ RESOLUTION NO.,�C� A RESOLUTION ACCEPTING WORK PERFORMED BY SHARPE & PRESZLER CONSTRUCTION COMPANY, INC. UNDER CONTRACT FOR THE COMMERCIAL AVENUE/US- 12 /LEWIS STREET WATER LINE PROJECT. WHEREAS, the work performed by Sharpe & Preszler Construction Company, Inc., under contract for the Commercial Avenue/US- 12/Lewis Street Water Line project has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering recommendation and thereby accepts the work performed by Sharpe & Preszler Construction Company, Inc., under contract for the Commercial Avenue/US -12 /Lewis Street Water Line project, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 16th day of September, 2013. Matt Watkins Mayor ATTEST: Debra L. Clark City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney AGENDA REPORT NO. 39 FOR: City Council September 9, 2013 TO: Gary Cratchfie anager Ahmad Qayo u c Works Director 4� r—� FROM: Michael A. Pawlak, City Engineer Regular Mtg.: 9/16/13 SUBJECT: Accept Maple Drive Sewer Extension (2013 Annual Sewer Line Extensions) Project #C7- SE- 2A -13 -01 L REFERENCE(S): 1. Vicinity Map 2. Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 09/16: MOTION: I move to approve Resolution No. 35 10 accepting the work performed by Sharpe & Preszler Construction Company, Inc. under contract for the Maple Drive Sewer Extension Project. III. FISCAL IMPACT: Sewer Rates IV. HISTORY AND FACTS BRIEF: A) On May 20, 2013, Council awarded the Maple Drive Sewer Extension project to Sharpe & Preszler Construction Company, Inc. for $76,100.91. V. DISCUSSION: A) The project involved the construction of 440 lineal feet of gravity sewer main, consisting of approximately 40 lineal feet of 16 -foot deep 10 -inch sewer main, 400 lineal feet of 10 -foot deep 8 -inch sewer main, and an outside drop manhole with appurtenances. A full width chip seal was done to repair Maple Drive. B) The final project construction contract totalled $93,887.51, an overage of $17,786.60 (approximately 23 percent). The overage was due to the addition of another 75 lineal feet of 8 -inch sewer main, two services and the additional construction effort required due to unmarked utility crossings and in -situ black sand. C) The work is now complete and staff recommends City Council acceptance of this work. 3(f) cow � PROJECT LOCATION O i �a � AND U k y� TARGEM e, "• r e, e• r s, e Vj�INITY MAP P -- —1 -1 N RESOLUTION NO. A RESOLUTION ACCEPTING WORK PERFORMED BY SHARPE & PRESZLER CONSTRUCTION COMPANY, INC. UNDER CONTRACT FOR THE MAPLE DRIVE SEWER EXTENSION PROJECT. WHEREAS, the work performed by Sharpe & Preszler Construction Company, Inc., under contract for the Maple Drive Sewer Extension project has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering recommendation and thereby accepts the work performed by Sharpe & Preszler Construction Company, Inc., under contract for the Maple Drive Sewer Extension project, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 16th day of September, 2013 Matt Watkins Mayor ATTEST: Debra L. Clark City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney FOR: City Council TO: Gary Crutchl Ahmad Oav( AGENDA REPORT NO. 38 Works Di FROM: Michael A. Pawlak, City Engineer September 9, 2013 Regular Mtg.: 9/16/13 SUBJECT: Accept Wastewater Treatment Plant Optimization Improvements Project #0- 10- 51 -SWR I. REFERENCE(S): 1. Vicinity Map 2. Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 09/16: MOTION: I move to approve Resolution No-316N\ accepting the work performed by Apollo, Inc., under contract for the Wastewater Treatment Plant Optimization Improvements project. III. FISCAL IMPACT: Sewer Utility Fund IV. HISTORY AND FACTS BRIEF: V. A) On December 19, 2011, Council awarded the Wastewater Treatment Plant Optimization Improvements project to Apollo, Inc. for $1,021,919.88, including applicable sales tax. A) The final project construction contract totalled $1,032,495.25, approximately 10% over the awarded amount. B) The overage was due to structural modifications to the existing building in order to incorporate the new building addition, and the tax rate increase (8.3% to 8.6 %) that occurred during the project construction. C) The work is now complete and staff recommends acceptance of this work. 3(g) cn H Z w w O a z O Q N_ 2 H d O I— Z Q J d Z cW G Q W W Q W N Q rE RESOLUTION NO.�,� A RESOLUTION ACCEPTING WORK PERFORMED BY APOLLO, INC., UNDER CONTRACT FOR THE WASTEWATER TREATMENT PLANT OPTIMIZATION IMPROVEMENTS, PROJECT #C3- 10- 51 -SWR. WHEREAS, the work performed by Apollo, Inc., under contract for the Wastewater Treatment Plant Optimization Improvements project has been examined by Engineering and has been found to be in apparent compliance with the applicable project specifications and drawings, and WHEREAS, it is Engineering recommendation that the City of Pasco formally accept the contractor's work and the project as complete; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, that the City Council concurs with Engineering recommendation and thereby accepts the work performed by Apollo, Inc., under contract for the Wastewater Treatment Plant Optimization Improvements project, as being completed in apparent conformance with the project specifications and drawings, and Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington State Department of Revenue of this acceptance, and Be It Further Resolved, that the final payment of retainage being withheld pursuant to applicable laws, regulations and administrative determination shall be released upon satisfaction of same and verification thereof by the Public Works Director and Finance Manager. PASSED by the City Council of the City of Pasco this 16th day of September, 2013. Matt Watkins Mayor ATTEST: Debra L. Clark City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney GENERAL FUND OPERATING STATEMENT THROUGH AUGUST 2013 �I���IUI111:1x:: -ITY COUNCIL YTD 2013 % OF YTD TOTAL % OF MUNICIPAL COURT 2013 ORIGINAL ANNUAL 2012 2012 TOTAL CITY MANAGER ACTUAL BUDGET BUDGET ACTUAL BUDGET ACTUAL REVENUE SOURCES: 7,666,193 12,096,846 63.4% 6,981,466 11,451,115 61.0% TAXES: 2,938,763 4,431,366 66.3% 2,836,476 4,164,541 68.1% PROPERTY 3,726,117 6,400,000 58.2% 3,493,251 6,200,000 56.3% SALES 6,277,547 8,195,000 76.6% 5,502,979 8,265,000 66.6% PUBLIC SAFETY 744,907 1,000,000 74.5% 509,992 0 63.6% UTILITY 5,225,065 7,798,000 67.0% 5,394,851 6,526,660 82.7% OTHER 827,290 1,065,000 77.7% 812,696 2,260,000 36.0% LICENSES & PERMITS 1,252,342 1,108,200 113.0% 1,270,222 1,093,700 116.1% INTERGOV'T REVENUE 1,199,400 1,495,150 80.2% 1,319,676 1,679,700 78.6% CHARGES FOR SERVICES 3,119,036 4,498,459 69.3% 2,686,389 4,531,330 59.3% FINES & FORFEITS 627,289 794,650 78.9% 535,538 977,200 54.8% MISC. REVENUE 435,418 631,450 69.0% 516,780 673,245 76.8% OTHER FINANCING SOURCES 108,058 1,295,303 8.3% 108,942 138,000 78.9% TOTAL REVENUES 23,542,469 34,281,212 68.7% 22,151,316 32,344,835 68.5% BEGINNING FUND BALANCE 8,546,455 7,573,573 10,649,694 10,143,620 TOTAL SOURCES 32,088,924 41,854,785 76.7% 32,801,010 42,488,455 77.2% �I���IUI111:1x:: -ITY COUNCIL 72,245 121,315 59.6% 76,276 118,807 64.2% MUNICIPAL COURT 873,659 1,376,639 63.5% 867,641 1,332,334 65.1% CITY MANAGER 665,504 962,755 69.1% 637,480 951,034 67.0% POLICE 7,666,193 12,096,846 63.4% 6,981,466 11,451,115 61.0% FIRE 2,938,763 4,431,366 66.3% 2,836,476 4,164,541 68.1% FIRE- RETRO" 862,171 ADMIN & COMMUNITY SVCS 4,282,147 6,022,454 71.1% 4,238,487 6,201,703 68.3% COMMUNITY DEVELOPMENT 813,558 1,332,076 61.1% 768,879 1,208,878 63.6% ENGINEERING 1,085,874 1,535,558 70.7% 837,806 1,514,469 55.3% MISC. NON - DEPARTMENT 2,388,198 8,125,335 29.4% 4,668,655 7,469,966 62.5% LIBRARY 764,614 1,148,380 66.6% 763,869 1,148,380 66.5% TOTAL EXPENDITURES 22,412,926 37,152,724 60.3% 22,677,035 35,561,227 63.8% ENDING FUND BALANCE 9,675,998 4,702,061 10,123,975 6,927,228 TOTAL EXPEND & END FUND BAL 32,088,924 41,854,785 32,801,010 42,488,455 AVAILABLE CASH BALANCE 7,571,218 8,368,604 PERCENTAGE OF BUDGET ALLOCATED FOR 8 MONTHS 67% These statements are intended for Management use only. oettlement of fire contract resulted in one time payment of back wages and benefits. 6(b) AGENDA REPORT NO. 36 FOR: City Council September 9, 2013 TO: Gary Crutchfi y Manager Ahmad Qayo is Works Director Regular Mtg.: 9/16/13 FROM: Michael A. Pa lak, City Engine SUBJECT: Public Hearing on the Final Assessment Roll for Local Improvement District (LID) No. 148 — Kurtzman Park Street Improvements, Phase 2 I. REFERENCE(S): 1. Final Assessment Map 2. Final Assessment Summary 3. Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT A PUBLIC HEARING 09/016: Motion: I move to adopt Ordinance No. relating to Local Improvement District No. 148; approving and confirming the assessments and assessment roll of Local Improvement District No. 148 for the improvements to Waldemar, Cedar, Hugo and Sycamore Avenues and Alton, and Helena Streets in the Kurtzman area to City street standards, including road widening, curb, gutter, sidewalk, storm drain system and street lighting, as provided by Ordinance No. 3988; levying and assessing a part of the cost and expense of the improvements against the lots, tracts, parcels of land and other property as shown on the assessment roll; and, providing for collection of assessments; and, further authorize publication by summary only. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) LID 148 was formed by Ordinance No. 3988 on January 18, 2011. B) City Council passed Resolution No. 3487 on July 29, 2013 setting a public hearing for September 3, 2013 for the final assessment roll for LID 148. C) The LID included the installation of curb, gutter and sidewalk, street widening and street lights from Cedar Avenue to Sycamore Avenue and from Butte Street to Alton Street. D) Construction work is now complete. The final assessment roll must be approved by City Council after direct notice to the property owners and a public hearing. E) Community Development Block Grant (CDBG) funds were used to pay for approximately 59 percent of the total project cost. F) On September 3, 2013, staff presented to Council during a public hearing, that actual final assessment costs were less than the previous estimates and requested to adjust (decrease) property assessments. Council agreed and continued the Public Hearing until September 16, 2013. V. DISCUSSION: A) The public hearing is to present and discuss the Final Assessment Roll of the LID. The final cost is approximately 29 percent less than the Preliminary Assessment Roll. The Final Assessment cost was mailed to all property owners. B) Staff recommends that following the public hearing, City Council should confirm the final assessment roll by Ordinance. 7(a) z Z) ol CL tai -.- a J I 3nN3AV21VV301VAA L UW" L 3nN3AV o9nH ar 3nN3, w z -- in-V,6 IV y P� 124 II LID 148 - Kurtzman Park Area Ph.2 Compare Preliminary & Final Assessments 8/29/2013 Preliminary Final % Change CDGBAssisstance $ 333,540.00 $ 340,000.00 1.9 Amount to be Assessed $ 330,085.00 $ 235,104.00 -28.8 Premininary - Final Acmt Preliminary Final Total Total 1Number Parcel Number Owner Name Frontage (1t) Frontage (ft) Assessment Assessment 1 %Change 1 1 113864016 MITCHELL, JOHN 72 72 $ 5,274.06 $ 3,753.671 -28.8 2 113864034 MITCHELL, JOHN 75 75 $ 5,505.35 $ 3,919.701 -288 3 113864052 FUENTES, JOSEPHINE D 63 63 $ 4,580.17 $ 3,255.57 1 -28.9 4 113864221 BELL, DEBBIE 70 70 $ 5,119.86 $ 3,64237 1 -28.8 5 113864230 BELL, CLEVELAND 50 50 $ 3,577.89 $ 2,536.09 1 -29.1 6 113864123 SINGLETON, ROBERT 125 125 $ 9,360.28 $ 6,686.93 1 -28.6 7 113864212 SINGLETON, ELOISE 25 25 $ 1,650.42 $ 1,152.47 1 -30.2 8 113863179 BURNETT, SHIRLEY G(ETAL) 220 $ 16,684.66 See #51-55 1 9 113863071 AUSTIN, THOMAS & MARGARET 215 215 $ 16,299.16 $ 11,667.951 -28.4 ( 10 113863080 CACHUA, JOSE C &NORMAJ 50 50 $ 3,577.89 $ 2,536.09 -29.1 11 113863062 AUSTIN, THOMAS &MARGARET 60 60 $ 4,348.87 $ 3,089.53 -29.0 12 113863053 PONCE, HUMBERTO INIGUEZ(ETAL) 50 50 $ 3,577.89 $ 2,536.09 -29.1 13 113863026 HERNANDEZ, FRANCISCOJAVIER 87 87 $ 6,430.54 $ 4,583.841 -28.7 14 113863017 SCALES, JOSEPH S(II1) 47 47 $ 3,346.59 $ 2,370.05 -291 15 113863044 ESCOBAR, JOSE F & MARIA E 75 75 $ 5,505.35 $ 3,919.70 1 -28.8 16 113863124 MINES, JACQUELINE F 320 320 $ 24,394.52 $ 17,479.14 -28.3 17 113862189 NORTHWEST BAPTIST CONVENTION 50 50 $ 3,577.89 $ 2,536.09 -29.1 18 113862152 URBINA,ANTONIO 125 125 $ 9,360.28 $ 6,686.93 -28.6 1 19 113862143 YENNEY, GING Ell 75 75 $ 5,505.35 $ 3,919.70 -28.8 20 113862125 MORALAES, LUCINA 50 50 $ 3,577.89 $ 2,536.09 .29 1 21 113862090 ROTAS ROSAS, CEPORA(ETUX) 70 70 $ 5,119.86 $ 3,642.98 -28.8 22 113862072 SUAREZ. MARGARITA 100 100 $ 7,432.82 $ 5,303.32 1 -28.6 23 113862054 CLARK, RUTH A(TRUSTEE) 50 50 $ 3,577.89 $ 2,536.09 -29.1 24 113862027 ENTRUST NORTHWEST LLC(ETAL) 72 72 $ 5,274.06 $ 3,753.671 -28.8 25 113862018 SCALES, JOSEPH S(III, ETAU 47 47 $ 3,346.59 $ 2,370.05 -29.2 26 113862036 BARNES, ROSEMARY 25 50 $ 1,650.42 Combined $ 2.536.09 27 113862045 BARNES, ROSEMARY 25 $ 1,650.42 232 28 113862063 MIG HERNANDEZ CONSTRUCTION INC 50 50 $ 3,577.89 $ 2,536.09 -29.1 29 113862081 BARNES, ROSEMARY 75 75 $ 5,505.35 $ 3,919.70 -288 30 113862107 MILLER, ROCKY ALAN &BETH ANN 70 70 $ 5,119.86 $ 3,642.98 -28.8 31 113862130 N EW HOPE MISSIONARY BAPTIST CHURCH 68 68 $ 4,965.66 $ 3,532.291 -28.9 32 113861171 BROWN, CW &LEDA 70 70 $ 5,119.86 $ 3,642.98 -28.8 33 113861153 WALKER, CORNELIUS 50 50 $ 3,577.89 $ 2,536.09 -29.1 34 113861144 WOODS, BETTY (ETAL) 50 50 $ 3,577.89 $ 2,536.09 -29.1 35 113861135 SECRETARY OF HOU5ING &URBAN DEV 50 50 $ 3,577.89 $ 2,536.09 -29.1 36 113861108 NEW HOPE MISSIONARY BAPTIST CHURCH 125 125 $ 9,360.28 $ 6,686.93 -28.6 37 113861082 INGLESIAAPOSTOLICA 95 95 $ 7,047.33 $ 5,026.591 -28.7 38 113861069 MILLER, ROCKY ALAN &BETH ANN 120 120 $ 8,974.79 $ 6,430.21 -28.6 39 113861215 MILLER,IERRY 75 75 $ 5,505.35 $ 3,919.70 1 -28.8 40 113861206 MILLER,JERRY 50 50 $ 3,577.89 $ 2,536.09 -29.1 41 113861028 ALVAREZ, RAFAEL &VIRGINIA 47 47 $ 3,346.59 $ 2,370.051 -29.2 42 113861019 MARTINEZ, ANTONIA 46 46 $ 3,269.49 $ 2,314.71 -29.2 43 113861046 MILLER, JERRY 75 175 $ 5,505.35 $ 9,454.16 Combined 44 113861055 MILLER, JERRY 75 $ 5,505.35 275 1 45 113861073 MILLER, JERRY 95 70 $ 7,047.33 $ 3,642.98 46 113861091 ABREGO, ALICIA 120 120 $ 8,974.79 $ 6,410.21 -28.6 47 113861117 ABREGO, AUCIA 100 100 $ 7,032.82 $ 5,303.32 -286 48 113861126 HOWARD, WALTER(JR) 50 50 $ 3,577.89 $ 2,536.091 -29.1 49 113861162 OLVERA, MARTIN (ETAL) 170 170 $ 12,829.72 $ 9,177.4 1 -28.5 SO 113890033 NAVARRO, DOMINGO 442 442 $ 33,800.56 $ 24,231.18 I -28.3 51 113863180 Burnett, ShirleyG (ETAL) 0 ADDITIONAL TOTAL 52 113863181 Burnett, ShirleyG(UAL) 60 $ 3,089.531 $ 2,263.12 $ 5,352.65 53 113863182 Burnett, Shirley G (ETAL) 53 $ 2,702.12 1 -32.6 $ 2,263.12 $ 4,965.24 54 113863183 Burnett, Shirley G(ETAL) 53 $ 2,702.12 $ 2,263.12 $ 4,965.24 55 113863184 Burnett, Shirley G(ETAL) 54 $ 2,757.461 $ 2,263.12 $ 5,020.58 Totals 4461 4461 $ 330,084.79 $ 235,104.00 $ 9,052.48 $ 20,303.71 9/l0/3013 ]15i AM ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, relating to Local Improvement District No. 148; approving and confirming the assessments and assessment roll of Local Improvement District No. 148 for the. purpose of making improvements to Waldemar, Cedar, Hugo and Sycamore Avenues and Alton, and Helena Streets in the Kurtzman area to City street standards, including road widening, curb, gutter, sidewalk, storm drain system and street lighting, as provided by Ordinance No. 3988; levying and assessing a part of the cost and expense of the improvements against the lots, tracts, parcels of land and other property as shown on the assessment roll; and, providing for collection of assessments. WHEREAS, Local Improvement District No. 148 ("LID No. 148" or the "LID ") was formed by Ordinance No. 3988 of the City of Pasco, Washington ( "City"). The assessment roll levying the special assessments against the property located in the LID has been filed with the City Clerk, as provided by law; and WHEREAS, by Resolution No. 3487, notice of the time and place of hearing on the LID No. 148 assessment roll, and for making objections and protests to the roll was published and posted according to law. The time and place of hearing on the LID No. 148 assessment roll was set the 3rd day of September, at the hour of 7:00 p.m., local time, in the Council Chambers in the City Hall, Pasco, Washington. Further notice of the hearing was mailed by the City Clerk to each property owner shown on the roll; and WHEREAS, the public hearing was continued until the I day of September, at the hour of 7:00 p.m., local time, in the Council Chambers in the City Hall, Pasco, Washington; and WHEREAS, at the time and place fixed and designated in the notices the hearing was held; no written protests were received; and, all persons appearing at the hearings who wished to be heard were heard. Following the close of the hearing, the City Council, sitting and acting as a Board of Equalization for the purpose of considering the roll and the special benefits to be received by each lot, parcel and tract of land shown upon such roll, including the increase and enhancement of the fair market value of each such parcel of land by reason of the improvement, found no protests; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES HEREBY ORDAIN, as follows: Section 1. FINDINGS OF FACT AND CONCLUSIONS OF LAW 1.1 The above - recitals are incorporated herein by this reference. 1.2 Local Improvement District No. 148 ( "LID No. 148 ") has been created and established for the purpose of providing for the improvement of the properties within the area described in Exhibit B, by the improvement of Waldemar, Cedar, Hugo and Sycamore Avenues and Alton, and Helena Streets in the Kurtzman area to City street standards, including road widening, curb, gutter, sidewalk, storm drain system and street lighting as more particularly described in Exhibit A (the "LID 148 — Kurtzman Park Neighborhood Improvements "). The assessments and assessment roll for LID No. 148, as the same now stand, shall be and the same are approved and confirmed in all things and respects in the total amount of $235,104.00. 1.3 Each of the lots, tracts, parcels of land and other property shown upon the assessment roll is determined and declared to be specially benefited by LID No. 148 Improvements in at least the amount charged against the same, and the assessment appearing against the same is in proportion to the several assessments appearing upon the roll. There is levied and assessed against each lot, tract or parcel of land and other property appearing upon the roll the amount finally charged against the same thereon. Section 2. CONFIRMATION AND COLLECTION. 2.1 The assessment roll as hereby approved and confirmed shall be filed with the City Financial Services Manager for collection. The City Financial Services Manager is authorized and directed to publish notice as required by law stating that the roll is in his hands for collection and that payment of any assessment thereon or any portion of such assessment can be made at any time within thirty (30) days from the date of first publication of such notice without penalty, interest or cost, and that thereafter the sum remaining unpaid may be paid in ten (10) equal annual installments of principal together with interest due on the unpaid balance. The estimated interest rate is stated to be 3.6% per annum, with the exact interest rate to be fixed in the ordinance authorizing the issuance and sale of the local improvement district installment note for Local Improvement District No. 148. The first installment of assessments on the assessment roll shall become due and payable during the thirty (30) day period succeeding the date one year after the date of first publication by the City Financial Services Manager of notice that the assessment roll has been placed for collection and annually thereafter each succeeding installment shall become due and payable in like manner. 2.2 If the whole or any portion of the assessment remains unpaid after the first thirty (30) day period, interest upon the whole unpaid sum shall be charged at the rate as determined under Section 0, and each year thereafter one of the installments of principal together with interest due on the unpaid balance, shall be collected. Any installment not paid prior to expiration of the thirty (30) day period during which such installment is due and payable shall thereupon become delinquent. Each delinquent installment shall be subject, at the time of delinquency, to a charge of 5% penalty levied on both principal and interest due upon that installment, and all delinquent installments also shall be charged interest at the rate of 8% per annum as set forth in PMC 14.04.050. The collection of such delinquent installments shall be enforced in the manner provided by law. PASSED by the City Council and APPROVED by the Mayor of Pasco, Washington, at a regular open public meeting thereof, this 16th day of September, 2013. Matt Watkins Mayor ATTEST: Debra L. Clark City Clerk APPROVED AS TO FORM: Leland B. Kerr City Attorney EXHIBIT A LID No. 148 — Kurtzman Park Neighborhood Improvements Phase 2 The LID 148 improvements include road widening, curb, gutter, sidewalk, storm drain system, and street lighting. In Street Sycamore Avenue Hugo Avenue Waldemar Avenue Cedar Avenue Helena Street Alton Street From Butte Street Butte Street Butte Street Butte Street 150 feet West of Sycamore Avenue Hugo Avenue To Alton Street Alton Street Alton Street Alton Street Cedar Street 200 feet East of Waldemar Avenue EXHIBIT B LID 148 - Kurtzman Park Street Improvements Legal description of the boundary: That portion of the South half of Section 28, Township 9 North, Range 30 East in the City of Pasco, Franklin County, Washington more accurately described as follows: Kurtzman's First Addition Block 1 , North one -half Lot 14 and Lots 15 through 22 together with those adjacent portions of vacated Sycamore Avenue; Together with Kurtzman's First Addition Block 2, Lots 1 through 22 together with those adjacent portions of vacated Hugo Avenue, Helena Street and Sycamore Avenue; Together with Kurtzman's First Addition Block 3, Lots I through 22 together with those adjacent portions of vacated Waldemar Avenue, Helena Street and Hugo Avenue; Together with Kurtzman's First Addition Block 4, Lots 1 through 22 together with those adjacent portions of vacated Waldemar Avenue and Helena Street; Together with Kurtzman's First Addition Block 5, Lots 1 through 32 together with those adjacent portions of vacated Butte Street, Waldemar Avenue and Helena Street; Together with Kurtzman's First Addition Block 6, Lots 1 through 14 and Lots 25 through 32 together with those adjacent portions of vacated Hugo Avenue, Waldemar Avenue and Helena Street; Together with Kurtzman's First Addition Block 7, Lots 6 through 28 together with those adjacent portions of vacated Butte Street, Sycamore Avenue and Hugo Avenue; Together with Kurtzman's First Addition Block 8, Lots 23 through 32 together with those adjacent portions of vacated Sycamore Avenue and Helena Street; Together with the West 30 rods of the Southwest quarter of the Southeast quarter of Section 28, Township 9 North, Range 30 East W.M., except the South 880 feet and the West 15 feet thereof. CERTIFICATION I, Debra L. Clark, City Clerk of the City of Pasco, Washington (the "City'), hereby certify as follows: 1. The attached copy of Ordinance No. (the "Ordinance ") is a full, true and correct copy of the Ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on the 16th day of September, 2013, as that Ordinance appears on the Minute Book of the City; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the adoption of the Ordinance. IN WITNESS WHEREOF, I have hereunto set my hand this Debra L. Clark, City Clerk CITY OF PASCO SUMMARY OF ORDINANCE NO. ORDINANCE NO. , is an ordinance relating to street improvements This ordinance: • Confirms the Final Assessment Roll for Local Improvement District 148 • Establishes an assessment for a part of the cost and expense of street improvements to portions of Waldemar, Cedar, Hugo and Sycamore Avenues and Alton and Helena Streets • Provides for collection of assessments • Is effective 5 days after publication of this summary. The full text of Ordinance No. ' is available free of charge and will be mailed (electronically or via postal service) to any person who requests it from the City Clerk of the City of Pasco (509)545 -3402, P.O. Box 293, Pasco, Washington 99301 -0293. Debra L. Clark, City Clerk AGENDA REPORT NO. 37 FOR: City Council September 9, 2013 TO: Gary Crutchfiel ager 0 Abroad QayournL i Works Direct Regular Mtg.: 9/16/13 FROM: Michael A. Pawl ik, City Engineer 11WW% SUBJECT: Public Hearing on the Final Assessment Roll for Local Improvement District (LID) No. 149 — Kurtzman Park Street Improvements, Phase 3 I. REFERENCE(S): 1. Final Assessment Map 2. Final Assessment Summary 3. Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: CONDUCT A PUBLIC HEARING 09/16: Motion: I move to adopt Ordinance No. relating to Local Improvement District No. 149; approving and confirming the assessments and assessment roll of Local Improvement District No. 149 for roadway improvements, curb and gutter, sidewalk, storm drainage, and handicap ramps to current ADA standards, driveway approaches and other associated street work of South Cedar, South Hugo Avenues and East Alton Street, as provided by Ordinance No. 4035; levying and assessing a part of the cost and expense of the improvements against the lots, tracts, parcels of land and other property as shown on the assessment roll; and, providing for collection of assessments; and, further authorize publication by summary only. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) LID 149 was formed by Ordinance No. 4035 on December 19, 2011. B) City Council passed Resolution No. 3488 on July 29, 2013 setting a public hearing for September 3, 2013 for the final assessment roll for LID 149. C) The LID included roadway improvements, curb and gutter, sidewalk, storm drainage, and handicap ramps to current ADA standards, driveway approaches and other associated street work of South Cedar, South Hugo Avenues and East Alton Street. D) Construction work is now complete. The final assessment roll must be approved by City Council after direct notice to the property owners and a public hearing. E) Community Development Block Grant (CDBG) funds were used to pay for approximately 63 percent of the total project cost. F) On September 3, 2013, Council continued the Public Hearing to September 16, 2013. V. DISCUSSION: A) The public hearing is to present and discuss the Final Assessment Roll of the LID. The final cost is approximately 22 percent less than the Preliminary Assessment Roll. The Final Assessment cost was mailed to all property owners. B) Staff recommends that following the public hearing, City Council should confirm the final assessment roll by Ordinance. 7(b) LID 149 z Kurtzman Area Phase 3 Revised Boundary E. LEWIS -ST- E. LEWIS ST - r 28 _ _ 2 ; �.27 29— ZO 3 25 % 24 30 6' r: 22 7 = 21 30 1 8 '01 30 17 31 )30 s 1g7- ' — "`� -- 15" `i Al JO -- — OT Number = LID Assessment Roll Number Kurtzman's Area Phase 3 - LID 149 Compare Preliminary and Final Assessment 8129/2013 Preliminary Final %Change CDGB Assisstance $ 200,000.00 $ 450,000.00 225.0 Amount to be Assessed $ 427,625.00 $ 265,311.00 -62.0 Preliminary Final I _ Preliminary Final Record Number Parcel Number Owner Name Frontage (fill Frontage (ft) Total Assessment Toalmw ment %Change I 1 113832014 Cardenas, Juan &Adelina 184 _ 184_ $ 16,SO9.72 $ _15,149.05 -8.2 2 113832023 _ Cardenas, Juan &Adelina _ _ 100 100 $ _ 8021.89 6,912.59 '''S9 -13.8 3 113832201 Madden, Charles A 100 10 8, .89 6,9 1 -13.8 4 113832041 GR8 House LLC 1 75 75 Y 5,495.75 4,461.26 1 -18.8 5 113832050 Delgado, SiNestre & Teresa 50 50 $ 2,969.61 $ 2,009.93 -32.3 6 113832069 Hill, Celestine 50 50 1$ 2,969.61 $ 2,009.93 1 -32.3 7 113832078 Fabela,Joel P &Maria Angelica 90 90 $ _ 7,011,14 $ 5,932.051 -15.4 8 113832268 Blrrueta, Rosa(ETAL) 66 _ 66 $ _ 4,586.34 $ 3,578.781 -22.0 9 113832269 Rizzuto, Nichole 66 1 66 $ 4,586.34 $ 3,578.78 1 -22.0 1 10 113832270 Salagado, Rigoberto (ETAL) 65 66 $ 4,586.34 $ 3,578.78 1 -22.0 1 it 113832239 Herrera, Jose A(ETAL) I 67 67 $ 4,687.39 $ 3,676.83 -21.6 j 12 113832248 Antonio 67 67 $ 4,687.39 $ 3,676.83 1 -21.6 13 113832257 _Cruz, Mancera, Salvador 67 67 $ 4,687.39 $ 3,676.831 -21.6 14 113832103 Naranjo, Salvador & Carlota 75 495.75 $ 4,461.26 1 -18.8 15 113832221 _ Lucatero, Rudolfo & Gloria 75 75 S ::49S .75 $ 4,461.261 -18.8 16 113831042 Leon,Jesus 150 150 $ 13,074.17 $ 11,815.25 I -9.6 17 113831131 _ Garda, Eresmo & Maria _ 200 200 $ 18,126.45 $ 16,717.901 -7.8 1 18 113831105 Mendez, Maria(ETAL) 67 67 $ 4,687.39 $ 3,676.831 -21.6 1 19 113831196 Ocampo, Jesus 67 67 $ 4667.39_ $ 3,676.83 -21.6 I 20 113831187 Barajas, Jose 6 67 67 1 $ 4,687.39 S 3,676.83 -21.6 1 21 113831159 Gomez,Wllham 90 90 $ _ 7,011.44 $ 5,932.051 -15.4 1 22 113831060 Mejia, Manuel C 60 _ 60 $ 3,980.07 $ 2,990A6 1 -24.9 ( 23 113831079 Jackson, Gemella With 60 60 $ _ 3,980.07 $ 2,990.461 -24.9 1 24 113831088 _ Silva, Veronica (ETAL) 80 _ 80 $ 6/000.98 $ 4,951.521 -17.5 1 25 113831097 Sreeatos, Javier 70 70 $ 4,990.53 $ 3,970.99 1 -211.4 1 26 113831104 Montes, Rosa 1 60 60 $ 3,980.07 $ 2,990.46 1 -24.9 1 27 113831113 Robertson, Bruce H _ 1 70 70 $ 4,990.53 $ 3,970.99 I -20.4 1 28 113831122 Iribarren, I R (Jamie) 200 200 $ 18/126.45_ $ 16,717.90 7.8 I 29 113831015 Rada & Sons, Inc 400 400 $ _ 38,335.5- $ 36,328.54 -5.2 1 30 113831024 MuThv, Alice B 640 _ _ 640 $ 62,586.52 S 59,861.311 -4.4 1 31 113831033 Robinson, Rikie 200 1 $ 18,126.45 1 -39.: ( 32 113900085 Salinas, Julian_ 330 $ _ 31,262.38 1 1 33 113900075 Zepeda, Jose &Marla 330 $ 31262.38_ 1 1 34 113900066 Momez, Edward & Elizabeth 325 _ $ W757.15 1 35 113900057 Amarawest Corporation I 90 $ 7011.44 1 1 36 113900048 McClure, Jeffery & Jennifer M 220 $ 4,147.37_ I 31A 113900085 Robinson, aide 66.78 S 3,655.26 1 1 319 113900075 Robinson, Rikie 1 66.78 Is 3,655.26 1 I 31C 113900066 Robinson, Rikle 1 66.78 1$ 3,655.261 Totah 1 4974 3679.34 $ 427,624.79 I S 265,310.85 I NOTES: Accounts 32 - 36 were deleted with the revised boundary. Account 31 was subdivided Into 3 parcels by Short Plat 201244. CW:mtennerdwotumem,\.ewrolde, \used Inandaoes sment-149UO1W$21Muoaavwmpererrel$m final assent - NUmman's Phases nFor Coanol ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, relating to Local Improvement District No. 149; approving and confirming the assessments and assessment roll of Local Improvement District No. 149 for the purpose of making roadway improvements, curb and gutter, sidewalk, storm drainage, and handicap ramps to current ADA standards, driveway approaches and other associated street work of South Cedar, South Hugo Avenues and East Alton Street, as provided by Ordinance No. 4035; levying and assessing a part of the cost and expense of the improvements against the lots, tracts, parcels of land and other property as shown on the assessment roll; and, providing for collection of assessments. WHEREAS, Local Improvement District No. 149 ("LID No. 149" or the "LID ") was formed by Ordinance No. 4035 of the City of Pasco, Washington ( "City"). The assessment roll levying the special assessments against the property located in the LID has been filed with the City Clerk, as provided by law; and WHEREAS, by Resolution No. 3488, notice of the time and place of hearing on the LID No. 149 assessment roll, and for making objections and protests to the roll was published and posted according to law. The time and place of hearing on the LID No. 149 assessment roll was set the 3rd day of September, at the hour of 7:00 p.m., local time, in the Council Chambers in the City Hall, Pasco, Washington. Further notice of the hearing was mailed by the City Clerk to each property owner shown on the roll; and WHEREAS, the public hearing was continued until the 16th day of September, at the hour of 7:00 p.m., local time, in the Council Chambers in the City Hall, Pasco, Washington; and WHEREAS, at the time and place fixed and designated in the notices the hearing was held; no written protests were received; and, all persons appearing at the hearings who wished to be heard were heard. Following the close of the hearing, the City Council, sitting and acting as a Board of Equalization for the purpose of considering the roll and the special benefits to be received by each lot, parcel and tract of land shown upon such roll, including the increase and enhancement of the fair market value of each such parcel of land by reason of the improvement, found no protests; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES HEREBY ORDAIN, as follows: Section 1. FINDINGS OF FACT AND CONCLUSIONS OF LAW 1.1 The above - recitals are incorporated herein by this reference. 1.2 Local Improvement District No. 149 ( "LID No. 149 ") has been created and established for the purpose of providing for the improvement of the properties within the area described in Exhibit B, by roadway improvements, curb and gutter, sidewalk, storm drainage, and handicap ramps to current ADA standards, driveway approaches and other associated street work of South Cedar, South Hugo Avenues and East Alton Street as more particularly described in Exhibit A (the "LID 149 — Kurtzman Park Improvements Phase 3 "). The assessments and assessment roll for LID No. 149, as the same now stand, shall be and the same are approved and confirmed in all things and respects in the total amount of $265,310.85. 1.3 Each of the lots, tracts, parcels of land and other property shown upon the assessment roll is determined and declared to be specially benefited by LID No. 149 Improvements in at least the amount charged against the same, and the assessment appearing against the same is in proportion to the several assessments appearing upon the roll. There is levied and assessed against each lot, tract or parcel of land and other property appearing upon the roll the amount finally charged against the same thereon. Section 2. CONFIRMATION AND COLLECTION. 2.1 The assessment roll as hereby approved and confirmed shall be filed with the City Financial Services Manager for collection. The City Financial Services Manager is authorized and directed to publish notice as required by law stating that the roll is in his hands for collection and that payment of any assessment thereon or any portion of such assessment can be made at any time within thirty (30) days from the date of first publication of such notice without penalty, interest or cost, and that thereafter the sum remaining unpaid may be paid in ten (10) equal annual installments of principal together with interest due on the unpaid balance. The estimated interest rate is stated to be 3.6% per annum, with the exact interest rate to be fixed in the ordinance authorizing the issuance and sale of the local improvement district installment note for Local Improvement District No. 149. The first installment of assessments on the assessment roll shall become due and payable during the thirty (30) day period succeeding the date one year after the date of first publication by the City Financial Services Manager of notice that the assessment roll has been placed for collection and annually thereafter each succeeding installment shall become due and payable in like manner. 2.2 If the whole or any portion of the assessment remains unpaid after the first thirty (30) day period, interest upon the whole unpaid sum shall be charged at the rate as determined under Section 0, and each year thereafter one of the installments of principal together with interest due on the unpaid balance, shall be collected. Any installment not paid prior to expiration of the thirty (30) day period during which such installment is due and payable shall thereupon become delinquent. Each delinquent installment shall be subject, at the time of delinquency, to a charge of 5% penalty levied on both principal and interest due upon that installment, and all delinquent installments also shall be charged interest at the rate of 8% per annum as set forth in PMC 14.04.050. The collection of such delinquent installments shall be enforced in the manner provided by law. PASSED by the City Council and APPROVED by the Mayor of Pasco, Washington, at a regular open public meeting thereof, this 16th day of September, 2013. Matt Watkins Mayor ATTEST: Debra L. Clark City Clerk F . 1 1 9 9 L91411170$ 6 •;u Leland B. Kerr City Attorney EXHIBIT A LID No. 149 — Kurtzman Park Neighborhood Improvements Phase 3 The LID 149 improvements include road widening, curb, gutter, sidewalk, storm drain system, and street lighting, and associated improvements all to City street standards. In Street S. Hugo Avenue S. Cedar Avenue (West half of street) From E. Alton Street E. Alton Street To E. Lewis Street E. Lewis Street E. Alton Street S. Hugo Avenue S. Cedar Avenue EXHIBIT B LID 149 - Kurtzman Park Street Improvements. Phase 3 8 Legal description of the boundary: That portion of the north half of the south half of Section 28, Township 9 North, Range 30 East, Willamette Meridian, in the City of Pasco, Franklin County, Washington more accurately described as: Commencing at the center of Section 28, Township 9 North, Range 30 East, Willamette Meridian (W.M.), in the City of Pasco, Franklin County, Washington; thence, southerly along the center section line of Section 28, Township 9 North, Range 30 East, W.M., a distance of 30 feet to the south right -of -way line of East Lewis Street, being the True Point of Beginning; thence, westerly across the right -of -way of South Cedar Avenue to the southwest corner of East Lewis Street and South Cedar Avenue; thence, westerly along the south right -of -way line of East Lewis Street across the north line of Acre Park Addition, Block 1, Lot 1 and 14, continuing westerly across the right -of -way of South Hugo Avenue; continuing westerly across the north line of Acre Park Addition, Block 2, Lot 1, to the northwest corner of said lot 1; thence, southerly along the west line of Lot 1, 2, 3, and 4; thence, continuing southerly along the west line of Short Plat 2002 -16, Lot 1, 2, and 3, Short Plat 99 -01, Lot 1, 2, and 3, and Short Plat 97 -19, Lot 1 and 2 to the southwest corner of said Lot 2; thence, continuing southerly across East Alton Street to the south right -of -way line of East Alton Street; thence, easterly along the south right -of -way line of East Alton Street to the west right -of -way line of South Cedar Avenue; thence easterly across the right -of -way of South Cedar Avenue to the center section line of Section 28, Township 9 North, Range 30 East, W.M., thence northerly along the section line a distance of 1,292 feet more or less, to the True Point of Beginning. CERTIFICATION I, Debra L. Clark, City Clerk of the City of Pasco, Washington (the "City "), hereby certify as follows: 1. The attached copy of Ordinance No. (the "Ordinance ") is a full, true and correct copy of the Ordinance duly passed at a regular meeting of the City Council of the City held at the regular meeting place thereof on the 16th day of September, 2013, as that Ordinance appears on the Minute Book of the City; and 2. A quorum of the members of the City Council was present throughout the meeting and a majority of those members present voted in the proper manner for the adoption of the Ordinance. IN WITNESS WHEREOF, I have hereunto set my hand this Debra L. Clark, City Clerk CITY OF PASCO SUMMARY OF ORDINANCE NO. ORDINANCE NO. , is an ordinance relating to street improvements This ordinance: Confirms the Final Assessment Roll for Local Improvement District 149 • Establishes an assessment for a part of the cost and expense of street improvements to portions of South Cedar and South Hugo Avenues and East Alton Street • Provides for collection of assessments • Is effective 5 days after publication of this summary. The full text of Ordinance No. , is available free of charge and will be mailed (electronically or via postal service) to any person who requests it from the City Clerk of the City of Pasco (509)545 -3402, P.O. Box 293, Pasco, Washington 99301 -0293. Debra L. Clark, City Clerk AGENDA REPORT FOR: City Counciq&cnomic TO: Gary Crutch anager Rick White, Community Development Director FROM: David I. McDonald, City Planner SUBJECT: Code Amendment (MF # CA2013 -002) Park Fees I. REFERENCES 1. Proposed Ordinance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: September 10, 2013 Regular Mtg.: 9/16/13 9/16: Motion: I move to adopt Ordinance No. , an Ordinance amending PMC Title 25 and 26 dealing with Park Fees, establishing a new Chapter 3.133 -1 dealing with Park Fees, and amending PMC Title 3 regarding Park Impact Fees, and, further, authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: V. A. In March of this year the Planning Commission held a workshop to discuss the current park fees that apply to all new residential construction. During the course of the workshop the Community and Administrative Services Director presented information on how the current park fee has not kept up with development costs for new park construction. B. At their regular July 18, 2013 meeting, the Planning Commission recommended the City Council amend the park development fees. C. The City Council considered the Planning Commission proposal at the August 26`h workshop and a modified version thereof on September 9, 2013. DISCUSSION: A. The park development fee was first established in the early 1980's. The original $200 fee was replaced in 1997 with a $450 fee that increased annually at a rate of 3.25 percent. The fee is currently $709 per dwelling unit payable at the time a building permit is issued. B. After considering the full cost of developing a five acre neighborhood park including the purchase of land and development of infrastructure Planning Commission recommended the base park fee be set at $1,500 per dwelling unit with steep discounts for developments that provide land and infrastructure for parks. C. The Planning Commission recommendation included all acquisition and development costs for a neighborhood park including the construction of on -site restroom facilities. Neighborhood parks typically do not have site built restroom facilities. By eliminating the cost of site built restrooms the base fee can be adjusted downward to $1,300 per dwelling unit. D. The Planning Commission recommendation also included a substantial reduction in the park fee if a developer dedicated a park site with all infrastructure improvements (streets, curb, sidewalks etc.). Under current costs the in -kind dedication of park land represents 58% of the total cost of developing a park. Rather than reducing the cash contribution for the park fee by only 50 %, as recommended by the Planning Commission, the cash portion of the fee could be lower by 58% resulting in a cash contribution of $546 (42% of park costs). E. Staff is recommending the community park portion of the fee remain at 10% as currently provided in the municipal code. A developer that provides a fully developed park site with a subdivision would be required to pay a $130 community park fee per dwelling. F. The proposed ordinance has been prepared to reflect the fee structure discussed in paragraphs C, D and E above. 8(a) ORDINANCE NO. AN ORDINANCE AMENDING PMC TITLE 25 AND PMC 26 DEALING WITH PARK FEES, ESTABLISHING A NEW CHAPTER 3.133 -1 DEALING WITH PARK FEES, AND AMENDING PMC TITLE 3 REGARDING PARK IMPACT FEES. WHEREAS, the City of Pasco is required by State Law to determine that adequate provisions are made for parks and playgrounds within each subdivision, shot plat and other divisions of property used for residential purposes; and, WHEREAS, without ensuring the adequacy of parks and playgrounds for new residential development the City is prohibited from approving new subdivisions; and, WHEREAS, the City of Pasco has fulfilled the State requirement for ensuring parks and playgrounds are provided with new residential development by the imposition of a park fee to cover the proportionate cost of park development attributed to new development; and, WHEREAS, the current park fee was established in 1997 with an annual 3.25 percent escalator; and, WHEREAS, the Community and Administrative Service Department has determined through a cost analysis that the current park fee has not kept pace with park development costs; and, WHEREAS, on March 21, 2013 the Planning Commission held a public workshop to review the costs of park construction. Information about said workshop was made available to the public through the City's website; and, WHEREAS, on April 25, 2013 the Planning Commission held a public hearing to consider amending the park fee. Notice of said hearing being provided in the Tri-City Herald and through the City's website; and, WHEREAS, on August 26, 2013 and September 9, 2013 the City Council conducted public workshops to review the proposed park fee amendments; and, WHEREAS, the City Council has determined that to further the purposes of maintaining a quality community and meeting the park and recreation needs of Pasco residents, it is necessary to amend PMC Title 25, Title 26 and Title 3; NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES ORDAIN AS FOLLOWS: Section 1. That PMC Chapter 25.80 entitled "Park Fund Fees" be and the same is hereby repealed in its entirety. Park Fees — Page 1 Section 2. That PMC Chapter 26.12 entitled "Dedications for Parks and Playgrounds" be and the same is hereby repealed in its entirety. Section 3. That PMC Title 3 be and the same is hereby amended to include a new Chapter 3.133 -1 to read as follows: CHAPTER 3.133 -1 PARK IMPACT FEES 3.133 -1.010 PURPOSE ............................................................................... ..............................2 3.133 -1.020 FINDINGS .............................................................................. ..............................2 3.133 -1.030 IMPOSITION OF PARK IMPACT FEE .......................... ............................... 2 3.133 -1.040 APPLICABILITY ................................................................ ............................... 2 3.133 -1.050 EXEMPTIONS ..................................................................... ............................... 2 3.133 -1.060 DEFINITIONS ....................................................................... ..............................3 3.133 -1.070 IMPACT FEE REDUCTION .............................................. ............................... 4 3.133 -1.010 PURPOSE. The purpose of this Chapter is to ensure new residential development contributes a proportionate share to the capital costs necessary to provide parks, recreational open space and related amenities for residents of the City of Pasco. It is further the intent of this chapter to assist in the implementation of the City's Park, Recreation and Forestry Plan and Capital Facilities Plan. 3.133 -1.020 FINDINGS. The City Council finds and determines that residential development within the city will create additional demand and need for parks, recreation and open space within the city. The City Council further finds the city does not have sufficient resources to meet anticipated park and recreation needs created by new residential growth and that said growth should pay a proportionate share of the costs of park, recreation and open space facilities needed to serve new growth. It is the intent that the provisions of this Chapter shall be liberally construed to effectively carry out the purposes of the Council in establishing this impact fee. 3.133 -1.030 IMPOSITION OF PARK IMPACT FEE. A park impact fee as provided in PMC 3.07.240 is hereby imposed for the City of Pasco and is required for all new residential development. The park impact fee must be paid prior to the issuance of a building permit. Compliance with the provisions of this chapter is required prior to the issuance of a buildingidevelopment permit authorizing construction of a residential park (mobile home park) in accordance with Title 19 and Chapter 25.40 (RP Zone). The total impact fee shall be based on the number of mobile home spaces to be authorized under the permit. 3.133 -1.040 APPLICABILITY. The park impact fee as provided in PMC 3.07.240 applies to all new residential development within the City of Pasco regardless of geographic location. 3.133 -1.050 EXEMPTIONS. The provisions of this chapter shall not apply to the following: Park Fees — Page 2 (1) Rebuilding of lawfully established dwelling unit(s) destroyed or damaged by fire, flood, explosion, act of nature, or other accident or catastrophe; provided, that such rebuilding takes places within one (1) year after destruction and provided no additional dwelling units are created; (2) Alteration, expansion, reconstruction, remodeling, or rebuilding of existing single - family dwellings, multifamily dwelling units, factory assembled dwellings and mobile homes; provided, no additional dwelling units are created; (3) Condominium projects in which existing dwelling units are converted into condominium ownership and where no new dwelling units are created. (4) Construction of residential accessory structures. (5) Installation of individual mobile homes or recreational vehicles within a residential park. 3.133 -1.060 DEFINITIONS. For purposes of this Chapter, the following terms shall have the indicated meanings: DEDICATED PARK LAND means a 5 acre parcel dedicated to the city with approval of a final plat and containing the adjoining infrastructure improvements. FULLY DEVELOPED NEIGHBORHOOD PARK means dedicated park land that is developed with lawn, an irrigation system, pathways, trees, playground equipment, ball courts and sun shelters according to a plan approved by the city prior to construction. INFRASTRUCTURE means curb, gutter, sidewalks, handicap ramps, street lights, fire hydrants, storm drainage facilities, road base, road pavement to the center line of the street, street signs, provisions for electrical power, one water stub and one sewer stub, site rough grading and hydro seeding for dust control. NEW RESIDENTIAL DEVELOPMENT means the construction or placement of single - family site built dwellings, factory assembled dwellings including mobile homes and multi- family dwellings within the City of Pasco. Included within this definition are the terms residential subdivision, apartment complex and residential park. OPEN RECREATION AREA means areas of land, at least improved with lawn and irrigation, intended and designed for unorganized, passive or active recreation and may include minor recreation improvements such as children's playground equipment and children's wading pool, provided such minor improvements do not occupy more than half (1/2) of the total open recreation area. Open recreation areas must equal at least 100 square feet of area for each dwelling unit within the development. Open recreation area shall not include parking lots, driveways and other automobile - oriented areas or recreation improvement areas and swimming pools as defined herein below. PARK IMPACT FEE means a payment of a fee imposed upon new residential development as a condition of development approval to pay for a proportionate share of the costs to provide park and recreational facilities needed to serve new growth and development. The Park Fees — Page 3 park impact fee does not include building permits or permit application fees or any other fee required of new development. PARKS, RECREATION AND FORESTRY PLAN means the Park, Recreation and Forestry Plan adopted by the City Council for the City of Pasco and used as a planning document that provides policies and guidance on developing citywide park and recreation facilities. RECREATION IMPROVEMENT AREA means an area developed with recreation facilities such as, but not limited to, basketball, tennis and similar playing courts, saunas, hot tubs, recreation buildings and similar improvements. Recreation improvements shall not include parking lots, driveway and other automobile - oriented areas, habitable buildings, swimming pools, or minor recreation improvements. SWIMMING POOLS. Means a pool for swimming which contains at least five hundred (500) square feet of water surface area and is at least four (4) feet in depth at the deepest point. 3.133 -1.070 IMPACT FEE REDUCTION. The base impact fee per dwelling unit may be reduced per the following: (1) Open Recreation Area. For new residential developments that provide one or more open recreation areas the base fee will reduced at the rate of one percent (1 %) for each ten (10) square feet of open recreation area per unit (as determined by dividing the total square feet of open recreation area by the total number of dwelling units), not to exceed thirty percent (30 %). (2) Recreation Improvement Area. For new residential developments that provide recreation improvement areas the base fee will be reduced at the rate of one percent (1 %) for each ten (10) square feet of recreation improvement area per unit (as determined by dividing the total square feet of recreation improvement area by the total number of dwelling units), not to exceed thirty percent (30 %). (3) Swimming Pools. For new residential developments that provide one or more swimming pools the base fee shall be reduced at the rate of one -half percent (1/2 %) for each square foot of water surface area per unit (as determined by dividing the total square feet of water surface area by the total number of dwelling units), not to exceed fifteen percent (15 %). (4) Dedication of Park Land. New residential developments that provide dedicated park land as a part of the platting process shall have the base fee reduced by fifty -eight percent (58 %). (5) Dedication of a Fully Developed Neighborhood Park. New residential developments that dedicate a fully developed neighborhood park shall have the neighborhood park portion of the impact fee waived. (6) Residential subdivisions with privately maintained and operated recreation facilities must contain final plat conditions ensuring the perpetual maintenance of the recreation facilities. Park Fees — Page 4 Section 4. That PMC Chapter 3.07 be and the same is hereby amended to include a new Section 3.07.240 to read as follows: 3.07.240 PARK IMPACT FEES Base Fee /Charee Reference A) Single - Family Dwelling $1,300.00 3.133 -1.030 B) Multi - Family Dwelling $1,300.00 3.133 -1.030 C) All other dwelling units $1,300.00 3.133 -1.030 The base fee established herein shall increase by 3.25 percent on January 1 of each year without notice. Section 5. That PMC Section 3.29.010 be and the same is hereby amended to read as follows: 3.29.010 ESTABLISHED. There is established a fund to be called the "Park Fund." All moneys derived from the fees collected pursuant to Chapters 25 90 and 26.20 3.133 -1 shall be deposited in and disbursed from this fund only. All interest earned that is attributable to moneys in the fund shall be deposited in and credited to the fund. Section 6. That PMC Section 3.29.030 be and the same is hereby amended to read as follows: 3.29.030 DEPOSIT OF MONEYS. A) Ninety percent of all moneys derived from the fees collected pursuant to Chapters 2`. °n- 8 -an-26.20 3.133 -1 shall be credited to the account corresponding to the Neighborhood Park Planning District from which the fees were derived. B) Ten percent of all moneys derived from the fees collected pursuant to Chapters 25.80 and 26.20 3.133 -1 shall be credited to the account corresponding to the Community Park Planning District. Section 7. That PMC Section 3.29.060 be and the same is hereby amended to read as follows: 3.29.060 NEW AREAS. If monies are derived from the fees collected pursuant to Chapters 25.8 20 from areas not identified in Section 3.29.020, the Finance Manager shall identify said monies in an account within the park fund by the legal description of the land from which the monies were derived. The Finance Manager shall then notify the City Manager, the Administrative & Community Services Director, and the City Planner of the need to amend the ordinance to include the area from which the monies were derived in neighborhood and community park planning districts. In the event the area is not included in such districts at the time the monies derived therefrom are to be expended, their expenditure must be in a manner consistent with this chapter and consistent with the comprehensive park plan in effect at that time. Park Fees — Page 5 Section 8. This ordinance shall be in full force and effect five days after passage and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this _ day of 2013. Matt Watkins, Mayor Attest: Approved as to Form: Debbie Clark, City Clerk Leland B. Kerr, City Attorney Park Fees — Page 6 AGENDA REPORT FOR: City Council September 6, 2013 TO: Gary Crutchfie ager Workshop Mtg.: 9/9/13 Regular Mtg.: 9/16/13 FROM: Bob Metzger, Chief of Police SUBJECT: Ordinance Prohibiting Soliciting of Vehicle Occupants on Public Roadways I. REFERENCE: 1. Proposed Ordinance II. ACTION REQUESTED OF COUNCIL STAFF RECOMMENDATIONS: 919: Discussion 9/16: MOTION: I move to approve Ordinance No. , creating a new Section 9.44.060 of the Pasco Municipal Code entitled "Solicitation to Occupants of Vehicles in Public Roadways Prohibited" and, further, to authorize publication by summary only. III. FISCAL IMPACT: None IV. HISTORY AND FACTS BRIEF: A) The purpose of this ordinance is to promote the City's fundamental interest in public peace, health, and safety, by regulating acts of solicitation that occur under circumstances which pose substantial risks to the solicitor, as well as, to vehicular and pedestrian traffic. V. DISCUSSION: A) The Police Department consistently receives complaints regarding solicitation on or near city streets. Police are called upon to respond to situations in which a solicitor's activity presents a substantial safety risk. Currently, the only enforcement tool available is PMC 9.44.050, which criminalizes the intentional obstruction of vehicular or pedestrian traffic. While this is a useful tool, it does not adequately address the safety concerns posed by solicitation under certain circumstances. B) This proposed ordinance makes it unlawful for any person to enter upon or stand within the public roadway or, while occupying any sidewalk or public property adjacent to a public roadway within the City, to knowingly conduct a solicitation directed to, or intended to attract the attention of, the occupant of any vehicle traveling on or stopped on the roadway. A person who violates this ordinance would be guilty of a misdemeanor. C) Many cities throughout Washington have adopted similar ordinances as that proposed here, including, Kennewick, Seattle, Issaquah, Spokane Valley, Tacoma, and Spokane, to name a few. The experience in Kennewick has been positive and they are looking to expand their ordinance to cover more intersections that were not originally covered. Adoption of the proposed ordinance will provide the Police Department with a tool to significantly reduce these life safety risks, which occur regularly within the City of Pasco. D) Following Council discussion of the proposed ordinance on 8/26/13, staff has added a fifth to permit solicitations for off - street services by bonafide charitable organizations; this provision will accommodate the high school car washes, donut sales and the like. This provision could also accommodate the "Fill the Boot" fundraiser by the fire union. 8(b) ORDINANCE NO. AN ORDINANCE of the City of Pasco, Washington, creating a new Section 9.44.060 "Solicitation to Occupants of Vehicles in Public Roadways Prohibited." WHEREAS, the City of Pasco has received complaints regarding solicitations on City streets which poses a significant distraction to passing motorists, posing a risk to the driving public; and WHEREAS, soliciting pedestrians within the roadway poses significant risk of injury to the pedestrian as well as traffic accidents resulting from avoiding the pedestrian or the slowing or stopping of vehicles within the roadway; and WHEREAS, the regulation of such conduct is necessary to provide for the health and safety of the citizens using the roadways and sidewalks of the City. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That a new Section 9.44.060 entitled "Solicitations to Occupants of Vehicles on Public Roadways Prohibited" of the Pasco Municipal Code, shall be and hereby is created and shall read as follows: 9.44.060 SOLICITATIONS TO OCCUPANTS OF VEHICLES ON PUBLIC ROADWAYS PROHIBITED. A) It is unlawful for any person to enter upon or stand within the public roadway or, while occupying any sidewalk or public property adjacent to a public roadway within the City, to knowingly conduct a solicitation directed to, or intended to attract the attention of, the occupant of any vehicle traveling on or stopped on the roadway, unless there is a parking lane adjacent to said roadway and the vehicle is lawfully parked. An offense occurs when the solicitation is made, whether or not an actual transaction is completed, or an exchange of money, goods, or services takes place. B) For the purpose of this section, "solicitation" shall mean any conduct or act whereby a person: 1) Either verbally or in writing, requests employment, goods, services, financial aid, monetary gift, or any article representing monetary value, for any purpose; 2) Either verbally or in writing, sells or offers for immediate sale, goods, services, or publications; 3) Distributes without remuneration goods, services, or publications; or Ordinance Creating Section 9.44.060 — Page 1 4) Solicits signatures on a petition or opinion for a survey. C) For the purpose of this section, "roadway" shall mean that portion of any City street, avenue or road improved or designed, for ordinary use for vehicular traffic, exclusive of the sidewalk or shoulder. In the event a City street, avenue, or road includes two or more separate roadways, the term "roadway" shall refer to any such roadway separately, but shall not refer to all such roadways collectively. D) Exceptions. Exempt from the provisions of this section are actions: 1) Summoning aid or requesting assistance in a bonafide emergency situation. 2) Law enforcement officers, public works or utility workers in the performance of official duties. 3) Engaging transportation licensed for hire. 4) Advertising by licensed businesses in a manner not prohibited by PMC Title 17 (Sign Code) within the City upon sidewalks near the business for transaction or services that are not occurring within the roadway or sidewalk. 5) Solicitations by a bonafide charitable, nonprofit, or educational institution for transactions or services that are not occurring within the roadway or sidewalk, but at a nearby parking lot or other similar premises where the transaction shall occur. E) Penalty. A violation of this section is a misdemeanor. Section 2. This Ordinance shall take full force and effect five (5) days after its approval, passage, and publication as required by law. PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this _ day of 2013. Matt Watkins, Mayor Attest: Approved as to Form: Debbie Clark, City Clerk Leland B. Kerr, City Attorney Ordinance Creating Section 9.44.060 - Page 2 AGENDA REPORT FOR: City Council September 10, 2013 TO: Gary Crutchfiel ' Manager Workshop Mtg.: 9/9/13 Regular Mtg.: 9/16/13 FROM: Rick White, Community & Economic Development Director SUBJECT: Pasco Municipal Code (PMC) Violations of Auto Repair Businesses I. REFERENCE(S): Proposed Ordinance H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATION: 9/16: MOTION I move to adopt Ordinance No. an Ordinance relating to automobile repair operations and amending Title 25 of the Pasco Municipal Code, and further, authorize publication by summary only. III. FISCAL IMPACT: NONE IV. HISTORY AND FACTS BRIEF: A. One of the issues of Council concern noted during the biennial retreat in 2012 was the outdoor occurrence of major auto repair and dismantling — particularly, but not always, in former service stations that have been converted to full time repair shops. B. Council Resolution 3441, approved in November of 2012, tasked the Planning Commission to develop an action plan for a solution. C. A study committee of Planning Commissioners, staff and two representatives of the automobile repair industry was formed and reviewed and prepared material relative to the issue. An inventory of automobile repair operations and existing codes was conducted and the Planning Commission formulated an action plan for Council consideration. D. City Council accepted the Planning Commission's Action Plan for addressing the issue at the May 20, 2013 Council Meeting. The Action Plan recommended that: • The C -1 Zoning District contain a provision for "minor" automobile repair as this zoning district currently prohibits all outdoor automobile repair work; • Definitions be added in the Zoning Code to include "Minor Automobile Repair" and "Automobile Repair Facilities" as these definitions are needed to implement any revision to the permitted uses within the C -1 Zoning District; • The C -1 Zoning District contain a maximum number of vehicles that can be on the site both under repair and awaiting owner pick -up and a prohibition of using C -1 sites for automobile storage; and • The C -3 and I -1 Zoning Districts be amended to include screening standards to regulate inoperative vehicle and vehicle parts storage. E. The Planning Commission has completed their consideration of the legislative changes needed to fulfill the Action Plan and recommends that the proposed ordinance be adopted to provide policy on this issue. V. DISCUSSION: A. The proposed ordinance establishes a terminal date of September 1, 2013 for outdoor auto repair operations in C -1 Zones to use the provisions for outdoor repairs. This precludes additional outdoor auto repair operations in the C -1 Zoning District but makes a provision for those already in existence. B. In addition to the bulleted items above, the Action Plan recommends that a grace period of 60 days be established once formal code revisions are in effect to allow noncompliant operations to voluntarily comply. C. Enforcement action through Title 9 of the PMC is contained within the Action Plan as the last step in the process. Enforcement action could include voluntary compliance through a "Voluntary Correction Agreement" or mandated compliance through actions of the Code Enforcement Board. 8(c) ORDINANCE NO. AN ORDINANCE RELATING TO AUTOMOBILE REPAIR OPERATIONS AND LAND USE AMENDING TITLE 25 OF THE PASCO MUNICIPAL CODE WHEREAS, cities have the responsibility to regulate and control the physical development within their borders and to ensure public health, safety and welfare are maintained; and, WHEREAS, the City of Pasco has zoning regulations that limit vehicle repair in commercial zoning districts; and WHEREAS, over time, conditions involving minor vehicle servicing and repair operations have evolved so that enforcement of Title 25 has revealed the need to address changing conditions in the community; and, WHEREAS, over time, changed conditions within the community and the need for revising applicable regulations concerning vehicle repair have caused the need for revised regulations and additional definitions within Title 25; and, WHEREAS, the City Council has determined that to further the purposes of comprehensive planning and to maintain and protect the welfare of the community, it is necessary to amend PMC Title 25, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That Chapter 25.12 entitled "Definitions" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.12.093 "Auto Renair Facilities" means the machinery nermanently installed on -site to facilitate automobile repair such as hvdraulic lifts, hoists or repair nits. 25.12.311 "Minor Automobile Repair" means repairs that are started and completed in one business day. which is defined as the 12 hour period from 7 AM until 7 PM. and do not involve vehicle disassembly, dismantling. salvage or recvcling: and include belt and bulb replacement, oil changes and lubrication. fluid flushes, tire and rim replacement or mounting, muffler and exhaust replacement, filter and hose rep_ lacement. audio and alarm system installation and glass or wirier replacement or other similar activities. Section 2. That Section 25.42.020 entitled 'Permitted Uses" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.42.020 PERMITTED USES. The following uses shall be permitted in the C -1 district: (1) Auto Detail Shops; (2) Banks; (3) Dancing schools; (4) Hotels and motels; (5) Printing shops; (6) Restaurants; (7) Stores and shops for the conduct of retail business; (8) Stores and shops for repair and similar services such as: (a) Bakeries, retail for distribution from the premises. (b) Barbershops and beauty shops. Ordinance Amending Title 25 Pagel of 3 (c) Catering establishments. (d) Garage and filling stations, provided: (i) No Fepair wer4E is peffermed eut ef deofs-, All outdoor repair work is "minor" as defined by 25.12.311. and (ii) The garage or filline station conducting outdoor reoair work was in existence and conducting outdoor auto reoair prior to September 1. 2013 and (iii) the number of vehicles undergoing outdoor reoair does not exceed the canacity of the existing outdoor reoair facilities. or no more than two vehicles if there are no existing_ outdoor reoair facilities and (iv) the number of customer vehicles stored outdoors and awaiting nick -un cannot exceed the capacity of the indoor and outdoor auto renair facilities, and further provided that all vehicles must be kent on the business premises, and (iv) Pumps, lubrication or other devices are located at least fifteen feet from any street property line, and (vi) All stored automobiles, automobile parts and storage and dismantled or inoperable automobiles are stared contained within the building, except material on outdoor display racks. (e) Laundromats and dry - cleaning establishments employing not more than five persons, (f) Locksmith shops, (g) Offices, (h) Membership clubs, (i) Photo shops, 0) Shoe repair shops; (9) Sign shops, commercial (no outdoor storage of materials); (10) Theaters; (11) Veterinarian clinics for household pets (no boarding or outdoor treatment); (12) Upholstery shops; and (13) Parking lots within 500 feet of a C -2 district boundary, provided such lots are paved and half of the required landscape is live vegetation and, provided further, that any such property adjacent a residential zoned parcel shall provide a site obscuring fence along the common lot line(s) in accordance with residential fence height requirements. Section 3. That Section 25.70.150 entitled "Vehicle Related Uses" of the Pasco Municipal Code shall be and hereby is amended and shall read as follows: 25.70.150 VEHICLE RELATED USES. (1) Any building to be used as an AUTO BODY SHOP, as defined in Section 25.12.085, shall have a spray paint room or spray paint booth which complies with the requirements of the International Fire Code and /or International Building Code; (2) INOPERABLE VEHICLES, as defined in Section 25.12.475 are permitted within the R -T, R -S - 20, R -S -12, R -S -1, R -I, R -2, R -3, R -4, and RFA -1 /1 -A Districts and on all non - conforming residential uses in other districts subject to the following conditions: (a) Only one (1) inoperable vehicle may be stored outside of a fully enclosed building on the property, as an accessory use to a dwelling unit. (b) The inoperable vehicle stored outside shall not be stored upon a public right -of -way or in the front or side yard areas of the property, and shall not conflict with other residential requirements such as off - street parking and lot coverage. (c) The trunk of the outside inoperable vehicle shall be removed or locked at all times it is unattended, and the unattended vehicle shall be completely enclosed within a six (6) foot fence, which is fully site obscuring. (d) All vehicle parts not properly installed upon a vehicle shall be stored inside a fully enclosed building except that parts may be stored within the outside inoperable vehicle. Ordinance Amending Title 25 Page 2 of 3 (3) In the C -3 and I -1 Zoning Districts. inoperable vehicles as defined in Section 25.12.475 and vehicle narts. tires and accessories that are not readily moveable and for immediate sale shall be stored or parked behind screening as defined by 25.75.040 (1) (d). PASSED by the City Council of the City of Pasco, Washington, and approved as provided by law this day of 2013. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Kerr, City Attorney Ordinance Amending Title 25 Page 3 of 3 AGENDA REPORT FOR: City Council September 10, 2013 TO: Gary Crutchfi , i anager Regular Mtg.: 9/16/13 FROM: Stan Strebel, D y ty Manager SUBJECT: PMC Title 15 Telecommunications Amendments I. REFERENCE(S): 1. Proposed Ordinance, Title 15 Telecommunications 2. Proposed Resolution Cable TV Customer Service Standards Note: attachments are in Council packets only; copy available for public review in the City Manager's office, the Pasco Library and on the City's webpage at www.nasco- wa. eov /citvcouncilrenorts. H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 9/16: MOTION: I move to adopt Ordinance No. , amending Sections 15.10.020 "Definitions," and Section 15.080.020 "Application and Review Fee" of the Pasco Municipal Code; creating Section 15.40.030 "Cable Franchise," and creating Chapter 15.95 "Cable Systems and Open Video Systems" of the Municipal Code, regulating the occupancy and use of public rights -of -way by cable systems and open video systems, providing for establishment of customer service standards; establishing franchise and licensing requirements for operators of such systems and prescribing minimum charges, terms and conditions for and upon the construction, maintenance and repair of such systems and, further, authorize publication by summary only. MOTION: I move to approve Resolution No. adopting Cable Television Customer Service Standards. III. FISCAL IMPACT: N/A IV. HISTORY AND FACTS BRIEF: A) The City is in the process of renewing the non - exclusive cable franchise (agreement) with Charter Communications for use of the public rights -of -way. B) To better utilize resources, the City has partnered with the City of Richland to co- negotiate with Charter in the renewal process. To insure the cities receive the best possible agreement for its citizens, the cities retained The Buske Group for guidance and advice through the renewal process. C) As part of the review process, the consultant has recommended updating PMC Title 15, last amended in 1998, and has recommended several changes contained in the proposed language. D) Additionally, formal customer service standards, in conformance with FCC regulations, are proposed in a separate Resolution as referenced by Section 15.95.240(H)(4) of the Ordinance. (Council please note revisions have been made to Section 2.4.3 and 24 of the Resolution to reference appropriate PMC sections) V. DISCUSSION: A) While the proposed changes in Title 15 may seem lengthy, much of the language would be necessarily captured in some form in every franchise agreement. B) Since franchise agreements are a negotiated document, the possibility exists of changing City right -of -way requirements depending on a number of factors during the renewal (or first -time application) process. Including these basic requirements in the PMC minimizes the need to negotiate these items within individual franchise agreements. C) These amendments will help insure Charter and potential new cable providers meet the same requirements ( "level playing field "). D) Charter has been advised of the Council meeting schedule for considering these amendments and has been provided with an advance copy of this proposed Ordinance. 8(d) AGENDA REPORT FOR: City Council TO: Gary Crutchfie anager Rick White, Community & conomic Development Director( ll FROM: Angela R. Pitman, Block Grant Administrator SUBJECT: HOME Consortium Subrecipient Agreements I. REFERENCE(S): September 10, 2013 Regular Mtg.: 9/16/13 1. Proposed Resolution 2. Subrecipient Agreement for Down Payment Assistance II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 9/16: MOTION: I move to approve Resolution No. , authorizing the City Manager to execute Subrecipient Agreements with the Tri- Cities HOME Consortium Lead Agency. HI. FISCAL IMPACT: Pasco's current ($484,830 for Program Years 2011 — 2013) and future share of federal HOME entitlement funds. IV. HISTORY AND FACTS BRIEF: IN A. Pasco entered into a HOME consortium agreement with Richland and Kennewick in 1995, making the city eligible for federal HOME funds. The populations of the individual cities alone do not meet the U.S. Department of Housing and Urban Development (HUD) minimum. By joining together in a consortium, funds are available to the three cities. The original consortium agreement ran from 1995 through 1998. In 2007, the agreement was amended to renew automatically unless one of the cities objects. B. The HUD monitoring review last year concluded that the structure of the Consortium was not in compliance with the HUD regulations. To correct this problem, the Lead Agency was required to revise the cooperative agreement incorporating specific language that was missing and execute subrecipient agreements with each of the member cities. This authorizes each member city to carry out projects on behalf of the Consortium. C. In June of this year, the Lead Agency submitted the revised Tri- Cities HOME Consortium Cooperative Agreement to HUD together with resolutions from all three cities authorizing continued participation in the HOME Consortium for program years 2014 -2016. HUD Technical Assistance was provided to assist the Lead Agency's efforts to come into compliance with HUD regulations by preparing subrecipient agreements, policies, procedures and rehabilitation standards. These documents were recently delivered for use by the Consortium. A. The requirement for subrecipient agreements formalizes Pasco's relationship to the Lead Agency. There is little difference in responsibilities and duties from those already contained in the existing Cooperative Agreement, although Pasco (and Kennewick) will now have additional signature authority to carry out projects. Without the subrecipient agreements, only the Lead Agency is authorized to expend funds and carry out projects. B. HUD has advised that a subrecipient agreement will be required to carry out each type of program Council approves in the Annual Action Plan (down payment assistance, administrative funds, development...) for past, current and future years. 8(e) RESOLUTION NO. A RESOLUTION APPROVING THE USE OF SUBRECIPIENT AGREEMENTS FOR HOME PROGRAMS AND AUTHORIZING THE CITY MANAGER TO EXECUTE HOME CONSORTIUM SUBRECIPIENT AGREEMENTS FOR PROGRAM YEARS 2011 -2013 WHEREAS, the Cities of Kennewick, Pasco and Richland entered into a cooperative agreement to form a consortium to increase the local supply of decent affordable housing to low income residents as authorized by Public Law 101 -625, the National Affordable Housing Act of 1990 (NAHA); and WHEREAS, Council has previously approved HOME programs contained in Annual Action Plans for program years 2011, 2012 and 2013; and WHEREAS, each program year Council approves programs to be carried out in the Annual Action Plan, and WHEREAS, HUD regulations require subrecipient agreements between the HOME Consortium Lead Agency and the City of Pasco authorizing the City to carry out programs, expend funds and execute agreements; and WHEREAS, HUD has further advised that subrecipient agreements for past, current and future years and for each type of program will be required, NOW THEREORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the City Council approves subrecipient agreements for City of Pasco HOME programs to be executed for program years 2011 -2013 to increase the supply of decent and affordable housing to low income residents, and authorizes the City Manager to execute them. BE IT FURTHER RESOLVED that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco this day of September, 2013 Matt Watkins Mayor ATTEST: APPROVED AS TO FORM: Debra L. Clark Leland B. Kerr MMC City Clerk City Attorney TRI- CITIES HOME CONSORTIUM SUBRECIPIENT WRITTEN AGREEMENT DOWNPAYMENT ASSISTANCE MANAGED BY SUBRECIPIENT This HOME Program Subrecipient Agreement is made and entered into as of the _ day of , 20_, between the City of Richland, Lead Entity of the Tri- Cities HOME Consortium, 505 Swift Avenue, Richland, Washington, hereinafter referred to as "Consortium," and , a member City of the Consortium, whose address is hereinafter referred to as " Subrecipient." This Agreement is authorized by Title 11, Sections 216 and 217 of the Cranston - Gonzalez National Affordable Housing Act of 1990, as amended, and the correlating federal regulations found at 24 CFR Part 92, together known as the HOME Investment Partnerships (HOME) Program. W- 1- T- N- E- S- S- E -T -H: I. RECITALS WHEREAS, the Federal Government has made funds available to the Consortium pursuant to the HOME Program CFDA 14.239 to increase the number of families, especially low income families, served with decent, safe, sanitary and affordable housing, and to expand the long term supply of affordable housing; and WHEREAS, the Consortium seeks to invest a portion of its HOME allocation to support affordable home ownership opportunities through the provision of Downpayment Assistance to eligible homebuyers; and WHEREAS, the HOME Program authorizes contracts with public agencies to carry out the objective identified above; and WHEREAS, the City of Richland has been designated as the Lead Entity of the Tri- Cities HOME Consortium as delineated in the "Tri- Cities HOME Consortium Agreement ;" and WHEREAS, the Lead Entity is responsible for the distribution of funds to the Subrecipient(s) who manage projects utilizing said HOME funds; and WHEREAS, the Lead Entity is also responsible for monitoring, reporting, and record - keeping to assure compliance with federal regulations of the HOME Investment Partnership Program; and WHEREAS, the U.S. Department of Housing and Urban Development ( "HUD ") requires the Lead Entity to execute Subrecipient Agreements when applicable; NOW, THEREFORE, the parties, for and in consideration of the promises and mutual obligations set forth below, agree as provided for in this Agreement. Subrecipient Homebuyer/ Homeowner Draft Agreement - Amended September 2013 Page 1 of 23 II. Definitions Section 1 – Definitions (92.2) Downoavment Assistance - HOME funds provided to assist eligible buyers in purchasing eligible homes. This may include any form of direct assistance to buyers —down payment loan, selling a home at a price below fair market value, principal reduction, and /or prepay and closing cost assistance. HOME Funds - The total amount of HOME Program dollars being provided to the Subrecipient under this Agreement. HOME Assisted Unit - Those units in the Project, which are assisted with the use of HOME Funds in the form of Downpayment Assistance Lead Entitv - The unit of local government designated by the Tri- Cities HOME Consortium to act in a representative capacity of all members for the purposes of this Agreement (City of Richland). The Lead Entity will assume overall responsibility for ensuring that the Tri- Cities HOME Consortium is administered and operates in compliance with the requirements of the HOME Program. The Lead Entity serves as the official and primary contact between HUD and the Tri- Cities HOME Consortium. Project - The activity and result for which HOME Funds are being provided under this Agreement. Under this Agreement, 'Project' refers exclusively to HOME Downpayment Assistance. Proiect Delivery Costs - Reasonable and necessary costs incurred by the Subrecipient and /or Lead Entity associated with the financing housing assisted with HOME funds. These may include, but are not limited to, direct staff costs for work associated with a specific address and costs for services required by private lenders. Reaulations - The requirements in 24 CFR Part 92 which govern the HOME Investment Partnership Program and the use of HOME Funds, and all related and applicable OMB Circulars, Codes, Regulations, State of Washington, and local requirements. Subrecipient agrees to comply, and, as applicable, to require all third parties to comply with the requirements of the regulations. Should anything in this Agreement be construed to conflict with HOME regulations, the regulations shall prevail. SubreciDient Administrator - HOME Consortium member(s) other than the non -Lead Entity who perform some HOME administrative roles as delineated under separate, specific HOME written Agreements. This term refers to the City of Kennewick and /or the City of Pasco. Tri- Cities HOME Consortium - The particular Consortium operating under the HOME Program consisting of the Cities of Kennewick, Pasco, and Richland. These three cities are each "Consortium Members." Subrecipient Homebuyed Homeowner Draft Agreement— Amended September 2013 Page 2 of 23 III. Agreement Section 2 — The Project (92.205) HOME Funds are being made available to the Subrecipient for the purpose of promoting affordable housing to very low (50% and below median), and low- income (51 % to 80% median) households through the provision of Downpayment Assistance, hereinafter called the "Project." Proiect Descriotion and Schedule of Comoletion: Use of HOME funds: Role of Subrecipient: Role of Lead Entity Date funds must be committed: Date funds must be expended: Provision of direct assistance to buyers - down payment loan, selling a home at a price below fair market value, principal reduction, and /or prepay and closing cost assistance. Program may be city -wide or limited to areas targeted for revitalization. Program marketing, intake and screening of prospective homebuyers, thorough buyer underwriting, income calculation and documentation, executing required agreements with buyers, recordkeeping, and ensuring long -term compliance. Final buyer underwriting and approval. Data entry into IDIS The Subrecipient acknowledges and agrees that time is of the essence in this Agreement. HOME funds uncommitted as of the day of , 20 will be eligible for redistribution by the Lead Entity to another qualified applicant/project unless written extension approval is made between all signatory members of this Agreement prior to the date of expiration. All project work will be completed no later than . Failure to complete the project as agreed upon, or to comply with HOME Program and other applicable local, state or federal requirements, can result in a breach of this Agreement and cause any HOME funds drawn or incurred to become immediately due and repayable to the City of Richland, Lead Entity for the Tri- Cities HOME Consortium. Section 3 - Sources and Uses of Funds (92.504) The total amount of HOME Funds to be allocated to the Project is $ HOME Funds to be allocated are consortium fiscal year (Jan -Dec) funds. The limit of financial exposure for the Consortium is specifically $ The Subrecipient will lend funds to individuals in an amount sufficient to make the homes affordable per underwriting guidelines established by the Consortium. The Subrecipient, and /or Consortium Member, will be named as mortgagee on the properties secured by a recorded Deed and Note as required by 24 CFR 92.254 for a period not less than the period of affordability. The HOME funds shall be no lower in priority than second position on the property unless prior written authorization is granted by the Consortium. The property must be used as the household's primary residence during the term of the HOME Program loan for both homebuyer and homeowner projects. Subrecipient Homebuyed Homeowner Draft Agreement — Amended September 2013 Page 3 of 23 Section 4 — Income Eligibility (5.609) Homebuyers assisted with HOME funds must have household incomes at or below 80% of Area Median Income, as published annually by the Department of Housing and Urban Development. Income documentation will be in a form consistent with HOME requirements as stated in the HUD handbook "Technical Guide for Determining Income and Allowances Under the HOME Program," 24 CFR Part 5. Documentation of household income must be examined in accordance with Consortium HAP guidelines and projected for the next 12 -month period to determine income eligibility. Household income must be re- examined to determine continued eligibility for the HOME Program if the loan closing or recordation of the Deed of Trust occurs later than 6 months from initial income verification. All household members aged 18 or older must certify their gross annual income, including household members who declare no income and non - related adults sharing a household. Section 5 — Minimum HOME Investment (92.205(c)) Homeownership projects must meet the minimum per -unit subsidy amount at 24 CFR 92.205(c), currently established as a minimum of $1,000. Section 6 — Maximum HOME Investment (92.250) The Consortium's maximum allowed Downpayment Assistance is $24,000 per household, or an amount not to exceed 20% of the purchase price. If Consortium HOME assistance is provided to a household that is receiving HOME assistance, total HOME investment must not exceed the HOME subsidy limits set at 240% of the per unit dollar limits established under Section 221(d)(3)(ii) of the National Housing Act (12 USC 17151(d)(3)(ii)) for elevator -type projects that apply to Area 4 Benton and Franklin counties (per 24 CFR 92.250). HUD periodically establishes this amount, and once known, the Lead Entity is responsible for forwarding these limits to Subrecipient. If Downpayment Assistance is provided to a buyer purchasing a home developed with HOME funds, this activity must fall under the provisions of a HOME written agreement between the Subrecipient and the Lead Entity separate from this Agreement. Section 7 — Maximum Purchase Price (92.254(a)(2) HOME funds are intended to provide modest housing. The maximum purchase price for existing standard housing cannot exceed 95% of the median area purchase price for single family housing in the jurisdiction as determined annually by HUD, or as determined by the Consortium with written approval from HUD. A newly- constructed home may not exceed the maximum purchase price limit as established annually by HUD. In addition, the purchase price of a property may not exceed the appraised value of the property. Section 8 — Displacement/Relocation Requirement (92.353) and URA Any project that might displace a person, family, business, non - profit organization, or farm must be approved by the Consortium prior to any commitment of HOME funds for the project, or of entering into any type of agreement, whether verbal or written, with another party. Failure to receive prior approval may cause the forfeiture /repayment of any and all sums under this Agreement by the Subrecipient. Subrecipient Homebuyer/ Homeowner Draft Agreement — Amended September 2013 Page 4 of 23 Section 9 — Environmental Review (92.352) The effects of each activity related to the Project must be assessed in accordance with the provisions of the National Environmental Policy Act of 1969 and the related authorities in 24 CFR Parts 50 and 58, and as detailed in 24 CFR 92.352. The Subrecipient must, prior to committing or undertaking any activity that has physical impacts or limits the choice of alternatives with respect to the Project, regardless of whether such activity is to be funded by the HOME Program or other funds, comply, to the extent applicable, with the regulations found at 24 CFR Part 58. For HOME activities involving only Downpayment Assistance, the 58.6 "Short Form" shall be completed to ensure that there is no environmental impact to the project. Although the Consortium assumes overall responsibility for the environmental review, the Subrecipient agrees to assist in providing information relating to the environmental review. All applicable environmental review and mitigation requirements as provided in 24 CFR 58.5 must be completed by the Lead Entity and approved by the U.S. Department of Housing and Urban Development. The Subrecipient will abide by any special conditions, procedures and requirements of the environmental review, and will advise the Consortium of any proposed change in the scope of the Project or any change in environmental conditions in accordance with 24 CFR 58.71(b). The Subrecipient may not use any of the HOME Funds for acquisition or construction in identified special flood hazard areas unless the Project is subject to the mandatory purchase of flood insurance as required by Section 102(a) of the Flood Disaster Protection Act of 1973. Failure to comply with this provision will cause an immediate cancellation of this Agreement and forfeiture /repayment of HOME funds. Section 10 — Disbursement of Funds (85.22) The Subrecipient may request funds under this Agreement only when a written agreement (per 24 CFR 92.504(c)) has been fully executed, the funds are needed for payment of specific allowable costs (per 24 CFR 92.206), and only in amounts needed to pay such costs as identified in 24 CFR 85.22. The Subrecipient shall be reimbursed for eligible project costs after review and approval by the Consortium of invoices, statements and other billings, supporting documentation, and property inspection, if applicable. Upon prior approval from the Lead Entity, the Consortium may pay a vendor or contractor directly. Section 11— Relationship The relationship of the Subrecipient to the Consortium shall be that of an independent agency. Nothing herein shall be deemed to create the relationship of employer /employee or principal /agent between the parties. Section 12 — Modifications and Amendments This Agreement may only be amended in writing signed by the Consortium and the Subrecipient. All modifications and amendments to this Agreement shall be in writing; such modification or amendment shall not take effect until specifically approved in writing by the Lead Entity of the Consortium and signed by all parties to this Agreement. Subrecipient Homebuyer /Homeowner Draft Agreement— Amended September 2013 Page 5 of 23 Section 13 —Waivers No conditions or provisions of this Agreement shall be waived unless approved by the Consortium in writing. Section 14 —Assignment The Subrecipient shall not assign any interest in this Agreement, and shall not transfer any interest in this Agreement to any party (whether by assignment or novation) without prior written consent of the Consortium. Section 15 — Severability If any provision of this Agreement, or portion thereof, is held invalid by any court of rightful jurisdiction, the remainder of this Agreement shall not be affected, providing the remainder continues to conform to applicable Federal and State law(s) and regulations and can be given effect without the invalid provision. Section 16 — Insurance and Bonds The Subrecipient and its employees, volunteers, contractors or consultants shall carry throughout the life of this Agreement General Liability Insurance, Comprehensive Automobile Liability Insurance, and other such coverage as may be appropriate or required by State or Federal law, for the services to be performed. This insurance shall include the following: Professional Leaal Liabilitv: Subrecipient shall maintain Professional Legal Liability or Professional Errors and Omissions coverage appropriate to the Subrecipient's profession and shall be written subject to limits of not less than $1 million per claim and $1 million policy aggregate limit. The coverage shall apply to liability for a professional error, act, or omission arising out of the scope of the work for this Agreement. Coverage shall not exclude bodily injury, hazards, or property damage related to the work in this Agreement, including testing, monitoring, measuring operations, or laboratory analysis where such services are rendered as part of the Agreement. 2. Worker's Compensation (Industrial Insurance): Workers' Compensation insurance as required by Title 51 RCW shall be maintained, and Subrecipient shall provide evidence of coverage if so required. 3. Commercial General Liabilitv,: Commercial General Liability coverage shall be written on ISO occurrence form CG 00 01 and shall cover liability arising from premises, operations, independent contractors, personal injury and advertising injury. The insurance shall include the Consortium, its members, officers, officials, employees and agents with respect to performance of services, and shall contain no special limitations on the scope of protection afforded as an additional insured. If this Agreement is over $50,000 then Employers Liability Coverage shall also be maintained. Coverage shall include limits of not less than $1 million per occurrence, and $2 million aggregate. 4. Automobile Liability: Business Automobile Liability insurance with a minimum combined limit no less than $1 million per accident for bodily injury and property damage shall be maintained. Coverage shall include owned, hired, leased, and non -owned automobiles. Coverage shall be written on Insurance Services Office (ISO) form CA 00 01 or a Subrecipient Homebuyer /Homeowner Draft Agreement— Amended September 2013 Page 6 of 23 substitute form providing equivalent liability coverage. If deemed necessary, the policy shall be endorsed to provide contractual liability coverage. Insurance is to be placed with insurers with a current A.M. best rating of not less than A: VII. Subrecipient shall furnish the Consortium with original certificates and a copy of the amendatory endorsements, including, but not necessarily limited to, the additional insured endorsement, evidencing the insurance requirements prior to the commencement of the work. The insurance coverage shall be primary with respect to any insurance or self- insurance covering the Consortium, its members, elected and appointed officers, officials, employees and agents. Any insurance, self- insurance, or insurance pool coverage maintained by the Consortium shall be excess of the Subrecipient's insurance and shall not contribute with it. Subrecipient shall give 30 days' prior written notice by certified mail, return receipt requested, to the Consortium prior to any attempt to cancel any insurance policy maintained under this Agreement. Section 17 — Procurement Standards (84.40 -48 Non Profit or 85.36(b) Government) If applicable to its Downpayment Assistance program, the Subrecipient will establish procurement procedures to ensure that materials and services are obtained in a cost - effective manner. At a minimum, the Subrecipient shall comply with the nonprofit procurement standards at 24 CFR 84.40 -48, or 24 CFR 85.36(b) for governmental entities. Section 18 — Program Income (92.503) and Administrative Funds (92.207) Program income must be remitted to the Lead Entity within thirty (30) days of receipt to assist the Consortium from drawing additional funds from the U.S. Treasury. The Subrecipient will provide information as to the Project that generated the funds. Subrecipient will be eligible to use 10% of its own generated program income for administrative purposes, and the balance of 90% will be distributed to projects in accordance with the approved Annual Action Plan. Section 19 — Match Requirement (92.218) The HOME program requires a non - federally funded 25% match to funds drawn from the federal government. The Subrecipient is required to document sources of match, both cash and in kind, and submit this information quarterly to the Lead Entity. The Subrecipient is responsible for tracking and reporting any HOME Match generated by its Downpayment Assistance Program. As written in the Tri- Cities HOME Consortium Agreement: Should the Consortium's accrued HOME Match balance fall below one full year's Match obligation, each Member shall be responsible for generating the required match based on their share of funds. If the Match cannot be supplied by the responsible Member, then HOME funds and associated match obligation may be transferred to another Member by Lead Entity. If a member fails to supply sufficient match, their share of HOME funding may be reduced commensurate with the match deficiency, as delineated in any related Subrecipient Agreements. Section 20 — Period of Compliance /Period of Affordability (92.254(b)4 Owner or 92.252(e) Rental Subrecipient Homebuyed Homeowner Draft Agreement — Amended September 2013 Page 7 of 23 The HOME - assisted housing must meet the affordability requirements established at 24 CFR 92.254(4) for owner - occupied units, or for a period not less than specified in the following table: Homeownership Assistance HOME amount per unit* Under $15,000 $15,000 to $40,000 Over $40,000 or rehabilitation involving refinancing Minimum Period of Affordability In Years 5 10 15 This period of compliance is called the "Period of Affordability" for the Project, beginning after the Project is completed and occupied by an eligible household, and without regard to the term of the loan or the transfer of ownership, except as noted below. The terms of affordability and reporting requirements must be conveyed to the owner. Section 21 — Termination of Period of Affordability (92.254(a)(5)(i)(A) The applicability of the regulations may be terminated upon foreclosure or transfer in lieu of foreclosure. The applicability of the affordability regulations shall be revived according to the original terms if during the original Period of Affordability, the owner of record, before the foreclosure or deed in lieu of foreclosure, or any entity that includes the former owner or those with whom the former owner has or had family or business ties, obtains an ownership interest in the project or property. Subrecipient may use purchase options, rights of first refusal, or other preemptive rights to purchase the housing before foreclosure in order to preserve affordability. Section 22 — Recapture Requirements (92.254) Section 215 of the HOME statute requires that to be classified as affordable housing, the property must have an initial purchase price that does not exceed 95% of the median purchase price for the area, the house must be the principal residence of an owner who qualifies as low income (80% or below median as established annually by HUD) at the time of purchase, and be subject to either resale or recapture provisions. The Consortium uniformly applies the recapture provision to ensure affordability as set forth in 24 CFR 92.254(a)(4), and 24 CFR 92.254(a)(5)(ii)(A)(1) and (A)(2), and (A)(5). Homebuyer direct assistance including downpayment, closing costs and other direct subsidies such as principal reduction, interest buy - downs, etc. are subject to recapture provisions. It also includes any HOME investment that reduced the initial purchase price from fair market value to an affordable price (direct subsidy), and /or principal and interest balance. Deed of Trust restrictions, promissory notes, and written agreements are required on each HOME assisted unit during the period of affordability, with specific loan terms and conditions established by each member of the Consortium. These documents enforce the recapture provision throughout the period of affordability, which starts when all funds have been drawn, information has been entered into HUD's Integrated Disbursement and Information System (IDIS), and the Project has been closed in IDIS. Recapture is triggered by any transfer of title, either voluntary or involuntary, or if the housing does not continue to be the principal residence of the family during the period of affordability. This period is not contingent on loan terms and an amortization period. Subrecipient Homebuyer/ Homeowner Draft Agreement— Amended September 2013 Page 8 of 23 If the property is not used as the primary residence yet is held in ownership by the HOME - assisted owner, under recapture provisions the entire HOME investment must be repaid, less any HOME Program principal repayments already made, but is not subject to prorated or other reductions during the period of affordability. Recaptured funds from the sale are determined by the amount of net proceeds available from the sale. Net proceeds are defined as the sales price minus superior loan repayment (other than HOME funds) and any closing costs. The amount recaptured will not exceed the total net proceeds available. Funds that are recaptured from the sale or transfer of property during the period of affordability must be immediately returned to the City of Richland, as Lead Agency of the Consortium. Recapture Provisions There are two options that the Tri- Cities HOME Consortium will use to structure its recapture provisions: Direct HOME Subsidy. In this option, the PJ recaptures the entire amount of the direct HOME subsidy provided to the homebuyer before the homebuyer receives a return. The recapture amount is limited to the net proceeds available from the sale of the property during the period of affordability. If there are insufficient net proceeds available at sale, the homebuyer is not required to repay the difference between the total direct HOME subsidy and the amount that is available from net proceeds, and the PJ is not required to pay the difference to HUD. Example: A homebuyer receives $9,000 of direct HOME Downpayment Assistance to purchase a home at zero percent interest. The homebuyer sells the home after three years, during the required 5 -year period of affordability. The PJ would recapture, assuming there are sufficient net proceeds, the entire $9,000 direct HOME subsidy. The homebuyer would receive any net proceeds in excess of $9, 000. 2. Reduction During the Affordability Period. The direct HOME subsidy or a designated portion of the loan is reduced based on the time the homebuyer has owned and occupied the housing, measured against the required affordability period. The pro -rata amount recaptured cannot exceed what is available from net proceeds. Example: A homebuyer receives $10,000 of HOME Downpayment Assistance and purchases a home developed with HOME funds for $10,000 below fair market value. The total direct HOME subsidy to the homebuyer is $20,000 and requires a 10 -year period of affordability. If the homebuyer sells the unit in year 5 of the 10 -year period of affordability, the PJ would forgive 50% of the direct HOME subsidy and recapture 50% of the direct HOME subsidy, or $10,000 of the $20,000 initial HOME investment, assuming that there are sufficient net proceeds available. Kennewick provides an amount up to $9,000 as gap financing, which is not forgiven and must be repaid as described above under "Direct HOME Subsidy" if the property is sold during the period of affordability. The City of Pasco Downpayment Assistance Program provides loans up to $9,000 to assist homebuyers in purchasing an existing home in Pasco. If the homebuyer sells the home during the period of affordability, funds will be recaptured under both programs as described under "Direct HOME Subsidy" above. Subrecipient Homebuyed Homeowner Draft Agreement — Amended September 2013 Page 9 of 23 The City of Richland Infill Homeownership Program provides funds up to a maximum of $24,000 to assist homebuyers in the purchase of an existing, or newly - constructed home in Richland. Funds will be recaptured as described under "Direct HOME Subsidy' as identified above. To preserve affordability, Consortium members may use purchase options, rights of first refusal, or other preemptive rights to purchase previous HOME assisted housing prior to foreclosure or at a foreclosure sale. HOME funds may not be used to repay a HOME loan or investment. The additional HOME assistance, combined with the initial HOME investment, may not exceed the maximum per unit subsidy limits established at 221(d)(3) for elevator construction. The affordability restrictions may terminate upon foreclosure, transfer in lieu of foreclosure, or assignment of an FHA insured mortgage to HUD. However, affordability restrictions must be revived per the original terms if during the original affordability period, the owner of record, before the termination event, obtains an ownership interest in the housing. Section 23 - Subordination Subrecipient acknowledges that subordination of the initial HOME Program loan will be allowed if the borrower is refinancing the first mortgage and all of the criteria are met: 1. The borrower must maintain sufficient equity of at least 10% of the current value of the home. 2. The City /Consortium lien position does not change or go to a lower tier position. 3. The borrower is refinancing the existing debt to lower the first lien right interest rate of no less than 1 %. 4. No cash equity to the borrower. 5. No cash equity to payoff any borrower debt. 6. The title report is acceptable to the City /Consortium; and 7. The borrower must have gross household income at or below 80% of median at the time of the request for subordination. Documentation will be required and will be evaluated by the Lead Entity before an application for subordination is approved. Section 24 — Property Standards (92.251) All existing housing assisted with Homebuyer /Downpayment Assistance must be decent, safe, sanitary, and in good repair. Acquisition of existing housing must be decent, safe, and sanitary, meet Housing Quality Standards (HQS), pass a visual paint assessment if constructed prior to 1978, and meet local ordinances and zoning at the time of project completion. Homes must meet all applicable Washington State and local City housing quality standards and code requirements. If the property is new construction and not assisted with HOME funds during the construction activities, it must have a Certificate of Occupancy issued prior to HOME Homebuyer /Downpayment Assistance and loan closing. Subrecipient Homebuyed Homeowner Draft Agreement— Amended September 2013 Page 10 of 23 Under the New HOME Final Rule, released in July 2013, homes must be free of any deficiencies identified by HUD in the UPCS (pursuant to 24 CFR 5.705) based on the inspectable items and inspected areas in HUD - determined physical inspection procedures. If the housing does not meet these standards, the housing must be rehabilitated to meet the standards or it cannot be acquired using HOME Downpayment Assistance funds. Note: Until HUD issues specific guidance on UPCS standards, the property standard requirements in the paragraph above will apply to all Projects. Section 25 — Non - Discrimination and Equal Opportunity The Subrecipient agrees that it will utilize and make available the HOME funds in conformity with the non - discrimination and equal opportunity requirements set out in the HUD regulations in the National Housing Affordability Act. These regulations include: The requirements of the Fair Housing Act, 42 U.S.C. 3601 -20, and implementing regulations at 24 CFR Part 100; Executive Order 11063 (Equal Opportunity in Housing) as amended by Executive Order 12259 and implementing regulations at 24 CFR 107; and Title VI of the Civil Rights Act of 1964, 42 U.S.C. 2000d, and implementing regulations at 24 CFR Part 1 (Nondiscrimination in Federally Assisted Programs); 2. The prohibitions against discrimination on the basis of age under the Age Discrimination Act of 1975 (42 U.S.C. 6101 -07) and the regulations at 24 CFR 146; 3. The prohibitions against discrimination on the basis of handicap under Section 504 of the Rehabilitation Act of 1973 (29 U.S.C. 794) and implementing regulations at 24 CFR, Part 8; 4. The requirements of the Executive Order 11246 (Equal Employment Opportunity) and the regulations issued under the Order at 41 CFR Chapter 60; 5. The requirements of Section 3 of the Housing and Urban Development Act of 1968, 12 U.S.C. 1702u (Employment Opportunities for Business and Lower Income Persons in Connection with Assisted Projects); and 6. The requirements of Executive Orders 11625 and 12432 regarding Minority Business Enterprise, and 12138 regarding women's Business Enterprise, and regulations S.85.36(e) of Section 281 of the National Housing Affordability Act. 7. The requirements of Washington State law as found at RCW 49.60. 8. Equal Access to Housing in HUD Program Regardless of Sexual Orientation and Gender Identity FR -5359 February 2012. Through this final rule, HUD implements policy to ensure that its core programs are open to all eligible individuals and families based on their need regardless of sexual orientation, gender identity, or marital status. This rule follows a January 24, 2011 proposed rule which noted evidence suggesting that lesbian, gay, bisexual, and transgender (LGBT) individuals and families are being arbitrarily excluded from housing opportunities in the private sector. The rule clarifies that individuals and families may not be excluded from participation because one or more members of the household may be an LGBT individual, have an LGBT relationship, or be perceived to be such an individual or in such relationship. Owners and operators of HUD assisted housing or housing financed or insured by HUD may not inquire about the Subrecipient Homebuyed Homeowner Draft Agreement — Amended September 2013 Page 11 of 23 sexual orientation or gender identity of the applicant for, or occupant of, the dwelling, whether renter or owner occupied. Section 26— Affirmative Marketing (92.351(a), MBE/WBE Records (92.351(b) and 85.36(e) and Reports) The Consortium's policy is to provide information and attract eligible persons to available housing without regard to race, color, national origin, sex, religion, familial status (persons with children under 18 years of age, including pregnant women), or disability. The procedures followed are intended to further the objectives of Title VIII of the Civil Rights Act of 1968 (Fair Housing Act), and Executive Order 11063, which prohibits discrimination in the sale, leasing, rent and other disposition of properties and facilities owned or operated by the federal government or provided with federal funds. In accordance with the Affirmative Marketing regulations of the HOME Program 24 CFR §92.351, the Consortium has established an "Affirmative Marketing Plan" to ensure that all Subrecipient who are allocated HOME Funds employ a marketing plan that promotes fair housing and ensures outreach to all potentially eligible households, especially those least likely to apply for assistance. Affirmative marketing steps will otherwise attract eligible persons regard to race, color, national i affirmative marketing plan must Consortium at the start of the Prc outreach steps taken. be taken by the Subrecipient to provide information and in the housing market area to the available housing without rigin, sex, religion, familial status or disability. A detailed be submitted to the Lead Entity of the Tri- Cities HOME ect. The Subrecipient will document and provide data on the Reports will be provided in accordance with 92.508(3) that gives a description of each project assisted, including the location, form, and term of assistance. Section 27 — Lead -Based Paint The Subrecipient must comply with the U.S. Department of Housing and Urban Development Lead -Based Paint Regulations (24 CFR Part 35) issued pursuant to the Lead -Based Paint Poisoning Prevention Act (42 U.S.C. Sections 4821 -4846, et seq.) and the Residential Lead - Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4851 -4856) requiring elimination of immediate lead -based paint hazards in residential structures; and notification of the hazards of lead -based paint poisoning to purchasers and /or owners of residential structures constructed prior to 1978. Properties must pass the lead -based paint visual inspection (if home built prior to 1978). The Subrecipient will be responsible for conducting a visual inspection of any homes built prior to 1978 to identify any potential issues with lead -based paint. Should the visual inspection identify potential issues, the prospective buyer will be informed, and the buyer and /or seller shall be responsible for all lead -based paint testing, required repairs using safe work practices or a certified lead -based paint abatement firm, and a clearance exam. Section 28- Reimbursement for Project Costs The Lead Entity shall reimburse the Subrecipient for the following documented costs: Subrecipient Homebuyer/ Homeowner Draft Agreement — Amended September 2013 Page 12 of 23 1. Direct Assistance to Eligible Homebuvers: The Lead Entity shall reimburse the Subrecipient for HOME Downpayment Assistance provided to eligible buyers for eligible home purchases as delineated in this Agreement. 2. Proiect Delivery Costs: The Lead Entity shall reimburse the Subrecipient for eligible project delivery costs as defined in Section II of this Agreement. Staff hours and all other costs must be thoroughly documented to be fully reimbursed. 3. Administrative Costs for Projects that do NOT ao forward: If costs are incurred for a project/homebuyer that does not result in a HOME assisted unit, those expenditures may be reimbursed from the Subrecipient's administration funds derived from program income generated by other HOME projects. If the Subrecipient has no balance of HOME program income from which such costs may be reimbursed, those costs then become the financial responsibility of the Subrecipient and will not be reimbursed by the Lead Entity. The Subrecipient shall submit requests for reimbursement of eligible costs, along with all appropriate documentation to the Lead Entity within 90 days of loan closing. Failure to submit requests for reimbursement shall result in those costs becoming the financial responsibility of the Subrecipient. Section 29 — Conflict of Interest (92.356) Generally, no employee, agent, member, consultant, officer or elected or appointed official of the members in the Consortium or Subrecipient who exercises or has exercised any functions or responsibilities with respect to any activities that are in any way connected with the decision to provide the HOME Funds may obtain a financial interest, reside in, or benefit from those activities, or have an interest in any contract, subcontract or agreement with respect thereto, or the proceeds thereunder, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereafter as stated in 24 CFR 92.356, and the Subrecipient must take appropriate steps to assure compliance. Section 30 — Records (92.508) Project beneficiary information pertaining to household size, income levels, racial /ethnic characteristics, disability status, household composition, female head of household composition, and any other information required by the Consortium and HUD, will be collected and documented in an individual and cumulative manner. Project management records must be kept which demonstrate compliance with this Agreement and related regulations of the HOME Program 24 CFR 92. Records must be kept by the Subrecipient and be made available to the Consortium that demonstrate compliance with this Agreement and with 24 CFR 92.508. Records must be maintained for at least five (5) years after the Project completion date, except for documents imposing recapture restrictions, which must be retained for five (5) years after the expiration of the period of affordability, as specified above, or as any of the following apply: 1. Records that are the subject of audit findings must be retained for three (3) years after such findings have been resolved; 2. Records for non - expendable property (as defined in OMB Circular #A -110 for non - profit organizations) shall be retained for three (3) years after its final disposition. Subrecipient Homebuyerl Homeowner Draft Agreement — Amended September 2013 Page 13 of 23 If any litigation, claim, negotiation, audit, monitoring, inspection or other action has been started before the expiration of the required record retention period, records must be retained until completion of the action and resolution of all issues which arise from it, or until the end of the required period, whichever is later. Upon request, the Subrecipient agrees to immediately provide to the Lead Entity any and all information to document compliance with the HOME Program and related laws, rules, regulations and policies. Section 31 — Public Records The Subrecipient understands that this Agreement is subject to public records disclosure pursuant to RCW 42.56 and agrees to timely provide documents as required by law. The Subrecipient shall indemnify, defend and hold harmless the Lead Entity of the Consortium for any liability arising out of the Subrecipient's failure to produce public records as required. Section 32 — Monitoring At least annually, or more often if deemed necessary, the Lead Entity will monitor the performance of the Subrecipient to assure compliance with the requirements of this Agreement. The review may include on -site inspections and review of records to determine compliance with this Agreement through the contract period. Monitoring forms primarily used can be found at: htto: / /Dortal.hud.aov /hudDortal /HUD ?src= /Droaram offices / administration /hudclios /handbooks /cod/6509.2 Chapter 7 for the HOME Investment Partnership Program. The Subrecipient agrees to provide any and all information to the Consortium to assist in meeting administrative and monitoring requirements, including reporting progress of the Project in IDIS. The Subrecipient agrees to work cooperatively with the Consortium to assist in meeting its obligations to HUD. Any duly authorized representative of the U.S. Department of Housing and Urban Development, authorized federal or state agent, or the Consortium shall at all reasonable times have access to and the right to inspect, copy, audit, and examine all books, records and other documents relating directly to the Subrecipient's receipt and disbursement of the HOME funds, as well as access to the project site(s) and all project records. The Subrecipient agrees to immediately correct any deficiencies as noted by the Lead Entity, HUD, and /or other authorized entities. The Subrecipient agrees to assist and cooperate with the Consortium in monitoring each housing unit for principal residency as provided in 24 CFR 92.254(a)(3) upon completion of the project and during the period of affordability. Section 33 — Financial Responsibility and Timeliness of Reimbursement Requests The Subrecipient agrees that it is financially and legally responsible for any monitoring /audit exception which occurs due to its negligence or failure to comply with the terms of this Agreement and /or HOME regulations. As provided in Section 28 regarding Reimbursement, the Subrecipient acknowledges that failure to submit reimbursement requests with all appropriate supportive documentation within 90 days of loan closing and direct assistance to the homebuyer shall result in those costs becoming the financial responsibility of the Subrecipient. Subreciplent Homebuyed Homeowner Draft Agreement— Amended September 2013 Page 14 of 23 The Subrecipient further acknowledges that if costs are incurred for a project/homebuyer that does not result in a HOME assisted unit, those expenditures may be reimbursed from the Subrecipient's administration funds derived from program income generated by other HOME projects. If the Subrecipient has no balance of HOME program income from which such costs can be reimbursed, those costs then become the financial responsibility of the Subrecipient and will not be reimbursed by the Lead Entity. Section 34 — Status Reports The Subrecipient will be required to provide status reports to the Lead Entity on the project or program being funded. At a minimum, the reports shall be submitted within 15 days of the end of each calendar year quarter (by April 15, July 15, October 15 and January 15), and shall continue until the project or program has been completed. The Lead Entity reserves the right, in its sole discretion, to require more frequent status reports in such format and time as prescribed to assist the Lead Entity in meeting HUD reporting requirements. The status reports shall include a description of the activities undertaken during the prior quarter, the goals achieved, the assistance provided to clients in the program or those denied assistance and the reason for the denial, and the commitment and final disposition of funds by individual project. Final record retention shall be the property of the Subrecipient and shall be delivered to same, if so requested. The Lead Entity shall be responsible for entering information obtained into IDIS. Section 35 — Indemnification The Subrecipient will save and hold harmless and indemnify the Lead Entity against any and all liability, claims and costs of whatever kind and nature for injury to or death of any person or persons, and for loss or damage to any property, occurring in connection with or in any way incident to or arising out of activities undertaken under this Agreement. Further, Subrecipient shall reimburse the Lead Entity for all costs incurred in connection with a negative audit finding resulting from Subrecipient's negligent or willful mismanagement of HOME funds, or its negligent or willful disregard for the laws, rules and regulations governing the HOME Investment Partnership Program. Section 36 — Corrective and Remedial Action Subrecipient will immediately correct or cause to be immediately corrected any and all actions or performance deficiencies in the Project as may be determined by the Lead Entity, or the U.S. Department of Housing and Urban Development (HUD). Failure to correct such actions or performance deficiencies within thirty (30) days from written notification from the Lead Entity shall result in suspending all HOME - funded projects, the cancellation of this Agreement and other HOME Program contracts, the reprogramming of HOME funds to other eligible activities, and /or the repayment of the HOME funds from non - federal sources. Section 37 — Attorney's Fees and Costs In the event of a lawsuit between the parties to this Agreement, the prevailing party shall be entitled to recover judgment against the other party for reasonable attorney's fees and other costs either at trial or on appeal. If either party exercises any non - judicial right or remedy to enforce such party's rights hereunder, it shall be a condition for the cure of the default that the defaulting party will pay the non - defaulting party's reasonable attorney's fees incurred and all reasonable costs. Failure to pay such costs and reasonable attorney's fees shall constitute an event of default under this Agreement. Subrecipient Homebuyed Homeowner Draft Agreement — Amended September 2013 Page 15 of 23 Section 38 — Venue and Law Except where federal law controls, this Agreement shall be governed by the laws of the State of Washington. Venue for any action under this contract shall be in Benton County, Washington. Section 39 — Suspension or Termination of Agreement The Consortium may cancel this Agreement "for cause" or "not for cause" by providing written 30 days' notice by certified mail, return receipt requested, to the other signatory members of this Agreement. There are three (3) separate methods of suspension or termination of this Agreement: i. By fulfillment. The Agreement will be considered to be terminated upon fulfillment of its terms and conditions. ii. By mutual consent. The Agreement may be terminated or suspended in whole or in part, at any time, if both parties consent to such termination or suspension. The conditions of the suspension or termination shall be documented by giving a minimum of thirty (30) days' written notice. iii. For cause. The Consortium may suspend or terminate this Agreement in whole or in part, for cause, when the Subrecipient has failed in whole or in part to meet its commitments and obligations as outlined, and when the Consortium deems continuation to be detrimental to its interest. Failure to carry out the project as described and in compliance with HOME Program regulations found at 24 CFR 92 shall be deemed a failure to perform, and cause the immediate relinquishment of any interest in future HOME funds and /or require repayment of expended HOME funds. In the event of suspension, the Consortium will notify the Subrecipient in writing of the corrective action required. Further payment may be withheld at the Consortium's discretion until the Subrecipient causes corrective action or the Agreement is terminated. "For cause" includes: a. Failure to comply with the terms and conditions of this Agreement, or to substantiate compliance; b. Improper or illegal use of project funds or resources; C. Any illegal act by the Subrecipient and its representatives; d. Failure to submit required reports on or before the due date or failure to document compliance with the terms and conditions contained herein. In the event of termination, the Lead Entity will notify the Subrecipient in writing of its determination to terminate, the reason for such termination, and the effective date of the termination. Payments made to the Subrecipient or recoveries by the Consortium will be in accordance with the legal rights and liabilities of the parties. Recoveries include all HOME funds Subrecipient Homebuyed Homeowner Draft Agreement - Amended September 2013 Page 16 of 23 on hand at the time of Agreement termination, any accounts receivable attributable to the use of HOME funds, and any other assets acquired with HOME funds. Actions by either party under this article shall not constitute a waiver of any claim by either party arising from conditions or situations leading to such suspension or termination. HOME funds not committed to specific projects as of the termination date will be relinquished to the Consortium for redistribution to other qualified projects. Section 40 — Dispute Resolution The Lead Entity and the Subrecipient agree to negotiate in good faith for a period of 30 days from the date of notice of all disputes between them prior to exercising their legal rights under this Agreement or other law. All disputes not resolved by negotiation between the parties may be arbitrated only by mutual agreement of the parties. If not mutually agreed to resolve the claim by arbitration, the claim will be resolved by legal action. Arbitration of all claims will be in accordance with the RCW 7.04A and the mandatory rules of arbitration with venue being placed in Benton County, Washington. Arbitration shall include an award to the prevailing party of its reasonable attorney fees and costs in action against the other. Section 41 — Written Agreement with Homebuyers (92.504(a)) In accordance with the provisions of 24 CFR 92.504(c)(5), when assistance is provided to a homebuyer or homeowner, a written agreement separate from deeds, promissory notes, or other security instruments must be entered into that includes, at a minimum: For homebuyers, the agreement must conform to the requirements in 92.254(a) and specify the value of the property, principal residence, recapture provisions, and lease- purchase, if applicable. The agreement must specify the amount of HOME funds, the term and form of assistance whether grant or loan, the use of the funds for down payment, closing costs, rehabilitation, etc., and the date by which the housing must be acquired. For homeowners, the written agreement must conform to the requirements in 92.254(b) and specify the amount, term, and form of HOME assistance, rehabilitation work to be undertaken, roles and responsibilities, date for completion, and property standards to be met. The approved written agreement shall be provided to the Subrecipient by the Lead Entity Section 42 - Debarment and Suspension (2 CFR 2424) The Subrecipient may not award or permit an award of a contract to any party which is debarred, suspended or ineligible to participate in a federal program. The Subrecipient certifies that it is not debarred, suspended or ineligible to participate in a federal program. The Subrecipient will submit to the Consortium the names of contractors and any subcontractors prior to signing contracts to ensure compliance with 24 CFR Part 24, "Debarment and Suspension." The Subrecipient will also assure that language pertaining to debarred, suspended or ineligibility to participate is inserted in all contract agreements. If, during the time of this Agreement, the Subrecipient is debarred, suspended or ineligible to participate in a federal program, the Consortium may terminate this Agreement for cause. Subrecipient Homebuyer/ Homeowner Draft Agreement— Amended September 2013 Page 17 of 23 Section 43 — Financial Management and Audits (92.506) The Subrecipient shall adhere to the generally accepted accounting principles and procedures issued by the American Institute of Certified Public Accountants, and will utilize adequate internal controls and maintain necessary source documentation for all costs incurred. The Subrecipient shall comply with cost principles as established by OMB Circulars A -87, relocated to 2 CFR, Part 225, and with administrative requirements at A -102 if a state, local government, or Indian tribe. If the Subrecipient is a non - profit organization, it will comply with cost principles of OMB Circular A -122, relocated to 2 CFR, Part 230, and administrative requirements established at OMB Circular A -110. All costs must be reasonable and necessary. The Subrecipient shall also comply with auditing standards issued by the Comptroller General of the United States and be conducted in accordance with 24 CFR 84.26 and 85.26. All subrecipients who expend $500,000 or more in a year in federal awards, whether a direct subrecipient of this Agreement or a sub - subrecipient receiving federal funds through a pass - through entity, shall have a single audit conducted for that year in accordance with the provision of OMB A -133, Subpart B. When a Subrecipient expends federal awards under only one federal program, excluding Research and Development performed by a non - federal entity, and the program's laws, regulations, or grant agreements do not require a financial statement audit, the subrecipient may elect to have a program- specific audit conducted in accordance with Subpart B, Section 235. A program - specific audit may not be elected for Research and Development unless all of the federal awards expended were received from the same federal agency, or the same federal agency and the same pass- through entity, and that federal agency, or pass - through entity approves in advance a program- specific audit. The audit must be conducted within 60 days of completion of this Agreement. Non - federal entities who expend less than $500,000 a year in federal awards are exempt from federal audit requirements for that year, except this does not limit the authority of federal agencies, including HUD, Inspectors General, or General Accounting Office to conduct or arrange for additional audits. All records shall be made available for review or audit by appropriate local, state and federal entities. Section 44 — Title Insurance The title policy will name the Consortium as a beneficiary. For acquisition projects not involving any type of construction, the Subrecipient may request a copy of the first lien right lender's title insurance policy. Ownership must be fee simple. Section 45 — DUNS Number A Dun and Bradstreet Data Universal Numbering System (DUNS) number is required for any business or agency that receives federal assistance per the Federal Funding Accountability and Transparency Act of 2006 (FFATA). The Subrecipient will provide information on itself, will assure that all assisted agencies /businesses have been assigned a DUNS number, and shall provide this information to the Lead Entity. A free DUNS number may be requested via the web at htto: / /fedaov .dnb.com /webform /index.isD or by calling 1- 866 - 705 -5711. Section 46 — SAM Registration The Federal Funding Accountability and Transparency Act of 2006, as amended (FFATA) requires the Office of Management and Budget (OMB) to maintain a single, searchable website Subrecipient Homebuyer/ Homeowner Draft Agreement — Amended September 2013 Page 18 of 23 that contains information on all federal spending awards. As part of this, all agencies /businesses that meet the following thresholds must register in SAM and report to the Consortium if they had: a) A gross income from all sources over $300,000 in the agency's previous tax year; and b) Are awarded HOME funds of $25,000 and over. This information must be reported to the Consortium within five (5) days of signing this Agreement. Free registration can be obtained at httos: / /www.sam.00v /Dortal /Dublic /SAM /. Because this registration expires annually, it must be updated and kept current during the contract period. The Subrecipient will provide information on itself and will assure that all assisted agencies /businesses have registered and remain current in SAM. Additional information is required if more than 80% of annual gross revenues of $25 million or more come from the federal government, and employee and compensation information is not already available through reporting to the SEC. Section 47 — Assessment of Homebuyer Underwriting Before a Subrecipient enters into a legally binding written agreement to provide 2012 and later HOME funds for downpayment assistance, the Subrecipient will assist the Lead Entity in conducting an underwriting review to ensure adequate need for HOME assistance. For all 2012 projects, the Subrecipient must certify to the Consortium that it has fully executed a written agreement with a homebuyer that meets the requirements of the HOME regulations, and that all statements and claims made are true and correct. Section 48 — Reversion of Assets Upon expiration of this Agreement, any HOME funds or accounts receivable that can be attributed to the use of HOME funds will revert to the Lead Entity of the Consortium. Should the Consortium Member stop participating in consortium programs or fail to perform in compliance with program requirements, assets are subject to reversion to the Lead Entity. Section 49 — Drug Free Workplace In accordance with the Drug Free Workplace Act of 1988, Subrecipient will, or will continue to, provide a drug -free workplace by: Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession, or use of a controlled substance is prohibited in the workplace, and specifying the actions that will be taken against employees for violation of such prohibition; 2. Establishing an ongoing drug -free awareness program to inform employees about: a) The dangers of drug abuse in the workplace; b) The Subrecipient/employer's policy of maintaining a drug -free workplace; C) Any available drug counseling, rehabilitation, and employee assistance programs; and Subreciplent Homebuyed Homeowner Draft Agreement — Amended September 2013 Page 19 of 23 d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace; 3. Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1; 4. Notifying the employee in the statement required by paragraph 1 that, as a condition of employment under the grant, the employee will: a) Abide by the terms of the statement; and b) No later than five (5) calendar days after such conviction, notify the employer in writing of his or her conviction for a violation of a criminal drug statute occurring in the workplace; 5. Notifying the agency in writing within ten (10) calendar days after receiving notice under subparagraph 4(b) from an employee, or otherwise receiving actual notice of such conviction. Employers of convicted employees must provide notice, including position title, to every grant officer or other designee on whose grant activity the convicted employee was working, unless the federal agency has designated a central point for the receipt of such notices. Notice shall include the identification number(s) of each affected grant; 6. Taking one of the following actions, within 30 calendar days of receiving notice under subparagraph 4(b), with respect to any employee who is so convicted: a) Taking appropriate personnel action against such an employee, up to and including termination, consistent with the requirements of the Rehabilitation Act of 1973, as amended; or b) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a federal, state, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug -free workplace by implementation and enforcement of this article while carrying out all HOME Program - related activities. Section 50 — Anti - Lobbying Certification To the best of the signatory party's knowledge and belief: No federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with the awarding of any federal contract, the making of any federal grant, the making of any federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any federal contract, grant, loan, or cooperative agreement; Subrecipient Homebuyed Homeowner Draft Agreement— Amended September 2013 Page 20 of 23 If any funds other than federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this federal contract, grant, loan, or cooperative agreement, it will complete and submit Standard Form -LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; and The language of the above paragraphs of this anti - lobbying certification must be included in the award documents for all sub - awards at all tiers (including subcontracts, sub - grants, and contracts under grants, loans, and cooperative agreements) and all subrecipients/sub - subrecipients shall certify and disclose accordingly. The signatory parties are in compliance with restrictions on lobbying required by 24 CFR Part 87, together with disclosure forms, if required by that part. Section 51 — Uniform Administrative Requirements (92.505) Governmental subrecipients must comply with OMB Circular A -87 for determining allowable costs and the following sections of 24 CFR Part 85: 85.6 Additions and Exceptions 85.12 Special Grant or Subgrant Conditions for "high- risk" Grantees 85.20 Standards for financial management systems 85.22 Allowable costs 85.26 Non - Federal Audit 85.32 Equipment 85.33 Supplies 85.34 Copyrights 85.36 Procurement 85.44 Termination for Convenience 85.51 Later Disallowances and Adjustments 85.52 Collection of Amounts Due Nonprofit (nongovernmental) subrecipients must comply with OMB Circular A -122 and the following section of 24 CFR Part 84: 84.2 Definitions 84.5 Subawards 84.13 Debarment and suspension; Drug -Free Workplace 84.14 Special Award Conditions 84.15 Metric System of Measurements 84.16 Resource Conservation and Recovery Act 84.21 Standards for Financial Management Systems 84.22 Payment 84.26 Non - Federal Audits 84.27 Allowable Costs 84.28 Period of Availability 84.30 Purpose of Property Standards 84.31 Insurance Coverage 84.34 Equipment Subrecipient Homebuyer/ Homeowner Draft Agreement — Amended September 2013 Page 21 of 23 84.35 Supplies and Other Expendable Property 84.36 Intangible Property 84.37 Property Trust Relationship 84.40 Purpose of Procurement Standards 84.41 Recipient Responsibilities 84.42 Codes of Conduct 84.43 Competition 84.44 Procurement Procedures 84.45 Cost and Price Analysis 84.46 Procurement Records 84.47 Contract Administration 84.48 Contract Provisions 84.51 Monitoring and Reporting Program Performance 84.52 Financial Reporting 84.53 Retention and Access Requirements for Records 84.60 Purpose of Termination and Enforcement 84.61 Termination 84.62 Enforcement 84.72 Subsequent Adjustments and Continuing Responsibilities 84.73 Collection of Amounts Due Section 52 — Homeownership Assistance Program (HAP) Subrecipient agrees that it will follow and comply with Consortium- adopted HAP Guidelines 8.13 and forms, which may be modified periodically by Consortium members with Lead Entity final approval. FORM # FORM NAME: 01 Borrower(s) Application 01a -Non Borrower Certification of Income 01 b- Borrower /Applicant Release of Information 02 Addendum to Sales Agreement Notice of Voluntary Arm's Length Transaction 03 Addendum to Sales Agreement 3a -HQS Inspection and Visual LBP Inspection (pre -1978) 3b -HQS Inspection (post -1978) 041 Seller Disclosure Fair Market Value 05 1 Needs Assessment 06 Financial Records Disclosure 07 Employment Security Department. Self- Request for Records 08 Verification of Employment (VOE) 09 4506 -T Request for Transcript of Tax Return 10 Initial Disclosures /Final Disclosures 11 Initial Disclosure Letter 12 Protect Your Family From Lead In Your Home Notification Pamphlet (EPA) 13 Fair Housing — Equal Opportunity for All Notification Pamphlet 14 For Your Protection: Get a Home Inspection 15 Homebuyer Agreement — HOME funded only Subrecipient Homebuyer/ Homeowner Draft Agreement — Amended September 2013 Page 22 of 23 16 Neighborhood Market Conditions Form — HOME funded only 17 HOME Activity Funding Certification — HOME funded only 18a Commitment Letter 18b Denial Letter 19 Visual Inspection Form 20 HQS Inspection Form 20a -HQS Homebuyer Self- Certification for Kitchen Appliances 21 Lead Safe Housing Requirements Screening Worksheet 22 Escrow Closing Instructions 23 Correction Agreement 24 Deed of Trust 25 Promissory Note 26 Individual Loan Data Form 27 Subsidy Layering Review — Acquisition Only — HOME funded only 28 Sources /Uses Statement — HOME funded only The Agreement will be effective upon the date of signing by the City of Richland, Lead Entity of the Tri- Cities HOME Consortium. SUBRECIPIENT: Signature Print Name and Title APPROVED AS TO FORM: Heather Kintzley, City Attorney City of Richland CONSORTIUM: Tri- Cities HOME Consortium P.O. Box 190, MS 19 Richland, WA 99352 Date Cynthia D. Johnson, City Manager City of Richland Date Subrecipient Homebuyer/ Homeowner Draft Agreement - Amended September 2013 Page 23 of 23 TO: City FROM: Gary SUBJECT: Resolution: I. REFERENCE(S): AGENDA REPORT Revenue Package September 12, 2013 Regular Mtg.: 9/16/13 1. Graph, Return on Gas Tax Contributions, by County, 2004 -2012 2. Proposed Resolution II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 9/16: MOTION: I move to approve Resolution No. , expressing the need to include the Lewis Street Overpass in a state transportation improvement funding package. HI. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) The state legislature considered a significant transportation revenue package during the 2013 session. Though the proposal passed the House, it did not move in the Senate. The Senate committee, however, has recently announced plans for "listening sessions" around the state in preparation for a potential transportation revenue package to be addressed during the 2014 session, or at a preceding special session. B) Council received an overview of the state transportation funding system from the city's legislative consultant on Monday, September 9. It is clear that: the major transportation projects funded by the 2003 -2005 gas tax increase are nearing completion; the current gas tax rate has lost nearly one -half of its purchasing power over the past decade; the ability to fund new major transportation projects (including the Lewis Street Overpass Project) depends on additional state gas tax revenue. C) According to a recent report compiled by the Washington State Department of Transportation (WSDOT), Franklin County (including Pasco) received the lowest return of its gas tax contribution of all 39 counties state -wide over the past decade (see reference #1). Benton County was the fifth lowest, at 68 %. That figure reflects the fact that the community realized no significant transportation project funding from the state during the past decade. D) The senate is also considering "reforms" to ensure better utilization of transportation funds going forward. One of those reforms, perhaps the most financially beneficial, is to direct the state's share of sales tax from new major transportation projects back to the transportation budget — rather than the general fund. This reform would have the effect of increasing the purchasing power of the transportation revenue package by 6.5 %, (or at least $300 million). E) Pasco has identified the Lewis Street Overpass as its major transportation project since 2005, and has expended nearly $6 million since 2006 to complete all environmental permitting, finish the design, and acquire the right -of -way for the project. It is now "shovel- ready ", but with an estimated construction cost of $30 million, the project cannot be funded by the city itself. au V. DISCUSSION: A) Funding construction of the Lewis Street Overpass project is entirely dependent on state and/or federal funding assistance. Indeed, the city can afford no more than 10% of the total construction cost. The current federal outlook is bleak. The potential for a state transportation revenue package in the next session is significantly stronger, as there are several large transportation projects around the state that require state funding assistance, in addition to the Lewis Street Overpass. The challenge to Pasco is to get the overpass project on the state list for funding assistance. B) Staff of all three cities have collaborated to prepare a resolution to reflect the need for state transportation funds to accomplish a major transportation project in each of the three cities, representing the urgent need of the Tri-Cities metropolitan area. The resolution also encourages the legislature to enact reforms designed to improve the delivery of transportation improvements as well as the state sales tax diversion to the transportation budget. C) Though council briefly noted the possibility of conducting a public hearing prior to action on such a resolution, it should be noted the Senate listening sessions are already scheduled for the week of September 23; thus, it is recommended that council act on the resolution now and, if approved, it can be presented to the Senate committee for the record at the listening session. �m �r ST N a c LW Y Nu CL lQ m o C d m a `o O N Q =" 1 a E L O ° o O c da O N 0 am LL O m +' } N _ T O V da` N LL c w 1 Y U r 0 0 iL N'U It 0 0 :a o _C LL d€ M _m d • 0 m v m 6.0 -0 «y a N Q LL �r d s• r v 0 N {p U dN N2z°a c 0 0 W UyY 0 1 N d Y N SO L ^i ( O ii WI • E N G! > � N « m 0-0 ++ morn U a 2 N (0j °— w 0 U O N O C O a 0 WI d d o woo V C W m C N L C V � 33Qvz� TyU _ +O+ • cm o3ffime8. ^omGwN�Smu'.3.am 8W°n$nom$$i c - . o° i s G u U 'Piom��ae���m:.�e ,a$ m��'sasa�mery��Mm�e e', ^xe'm�m� §Ne ca x m G1 u U U U li N U' U' Y Y.]C Y J O 6 6 NIN y N N lE 3 3'.3 3 J g s C n: c =o 0 N N U d c ai ayN N d N � a a U U C ma)m m o E2' o ny N _c U U co U d , ?1 V 2 64 m yw cQ 3 mom 0 o w d y � Q d'U -- E o � c .O N l6 0 a � � c U N Qj ayo ow vat N W IL C-) m, U w 2 CL y E c E -- -0 y 4 Z U N C C 3 o 0 0 - - - -. 22 LL U w Q \ V n: c =o 0 N N U d c ai ayN N d N � a a U U C ma)m m o E2' o ny N _c U U co U d , ?1 V 2 64 m mill m N N o N b H �o r� N N N faJNNN I 0 r 0 $ m N N� Cp d E.. o a ° a m 3 �,.E. E Y &' E- 3 m i n e _ x e $ Y x x' a 0 ,.' N 6 °033 � 3 a n 0 N c CD ° mom vo 3 � O r�U m O O IL C-) m, m n n mill m N N o N b H �o r� N N N faJNNN I 0 r 0 $ m N N� Cp d E.. o a ° a m 3 �,.E. E Y &' E- 3 m i n e _ x e $ Y x x' a 0 ,.' N 6 °033 � 3 a n 0 N RESOLUTION NO. A RESOLUTION of the City of Pasco expressing the need to include the Lewis Street Overpass project in a Washington State transportation improvement funding package. WHEREAS, a safe, efficient, and well - maintained transportation system is a foundational element to Pasco's economy and quality of life; and WHEREAS, unlike other basic utility services such as drinking water, wastewater and stormwater, the transportation system is highly integrated with regional, state and federal transportation systems resulting in the vast majority of system funding being collected and managed at the federal and state government levels; and WHEREAS, fuel taxes, which constitute the majority of transportation system funding, are generally regarded as an appropriate funding mechanism for transportation systems because they closely approximate a use fee similar to utility rate structures; and WHEREAS, the Washington State government is actively considering raising new revenue to fund current and future transportation system needs for the coming decade; and WHEREAS, Pasco's economy and transportation system is most immediately integrated with the transportation system and economy of its Tri-Cities neighboring cities of Kennewick, Richland and West Richland; and WHEREAS, the City Council believes it to be in the best interest of its residents and businesses to clearly communicate its common interests with its neighboring communities as well as its specific interests to the Washington State Government; and WHEREAS, over the past decade the Tri-Cities metropolitan area has experienced the strongest population and economic development growth in Washington State and official state estimates of future growth patterns predict the Tri-Cities metropolitan area will continue to lead Washington State in population and economic growth for the foreseeable future; and WHEREAS, over the past decade, transportation investments in the Tri-Cities metropolitan area have lagged significantly behind locally generated revenues, as Benton and Franklin Counties collectively received less than 65% of their combined gas tax contributions in the form of transportation funds and improvements; and WHEREAS, the cities of Pasco, Kennewick and Richland have planned transportation system improvements that are critically important to the regional transportation system and economy, particularly the Lewis Street Overpass in Pasco, the Duportail Street Bridge in Richland and US395/Ridgeline intersection improvements, UGA Expansion & Southridge Aral-82 Interchange in Kennewick; and WHEREAS, the wisdom of these planned projects are recognized by the Benton Franklin Council of Governments Metropolitan Planning Organization, the Benton Franklin Walla Walla Transportation Improvement Funding Resolution — Page 1 Good Roads and Transportation Association and the Washington State Department of Transportation; and WHEREAS, without significant investment by Washington State none of the planned projects are feasible; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO RESOLVE AS FOLLOWS: Section 1. The City commends Washington State leaders for their thoughtful consideration of the State's transportation system, including system efficiencies and funding needs. Since decisions to raise additional revenue will guide the next decade of transportation system investments, it is critically important to implement the plans addressing the most urgent needs. Section 2. The Tri- Cities metropolitan area's recent and projected growth requires transportation improvements to sustain its vitality and safety. The agencies responsible for transportation planning, including the Cities of Pasco, Kennewick and Richland, and the Benton Franklin Council of Governments Regional Transportation Planning Organization have identified the correct improvements and begun their delivery. The needed improvements include the Lewis Street Overpass in Pasco, the Duportail Street Bridge in Richland and US395/Ridgeline intersection improvements and the UGA Expansion & Southridge Area/I -82 Interchange projects in Kennewick. Each of these projects addresses critical needs. Section 3. The Tri-Cities metropolitan area's fuel tax payments are adequate to fully fund the area's identified improvements and continue contributing significantly to improvements of statewide significance like I -90 Snoqualmie Pass and Puget Sound port access improvements. Section 4. If Washington State chooses to raise additional revenue, the package should include a majority share of funding needed to construct the Lewis Street Overpass in Pasco, the Duportail Street Bridge in Richland and US395/Ridgeline intersection improvements and UGA Expansion & Southridge Area/1 -82 Interchange in Kennewick. The City of Pasco is prepared to contribute a minority share to completion of the Lewis Street Overpass. Section 5. If Washington State chooses to raise additional revenue, the package should include increased funding dedicated to local street preservation and to local street improvement grant programs, like those administered by the Washington State Transportation Improvement Board. Section 6. The City supports Washington State policy changes that will improve the efficient delivery of transportation system improvements. The City believes that future improvements to state and federal facilities should include, as an outcome of new policy, improvements to local street connections that will ensure seamless efficiency between local and state - managed facilities. The City also supports Washington State measures aimed at improving state - controlled processes that can reduce the burden and costs of delivering transportation improvements. A specific policy change that should be enacted is to return the state share of sales tax collected on state - funded projects to the transportation budget instead of the general fund. BE IT FURTHER RESOLVED that this resolution shall take effect immediately. Transportation Improvement Funding Resolution — Page 2 PASSED by the City Council of the City of Pasco at its regular meeting this 16th day of September, 2013. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debra Clark, City Clerk Leland B. Kerr, City Attorney Transportation Improvement Funding Resolution — Page 3 FOR: City Council TO: Gary Crutchi Ahmad Oavc AGENDA REPORT NO. 40 Director September 10, 2013 FROM: Michael A. Pawlak, City Engineer Regular Mtg.: 9/16/13 SUBJECT: Reject Bids for Road 68 Improvements, Phase 2 and Interconnect Road 68 Signals Project #C2- 11- 16 -STR and C5- ST- 4A -13 -01 I. REFERENCE(S): 1. Vicinity Map — Road 68 Improvements, Phase 2 2. Vicinity Map — Interconnect Road 68 Signals 3. Bid Summary II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 09/16: MOTION: I move to reject all bids for the Road 68 Improvements, Phase 2 and Interconnect Road 68 Signals Project in as much as all of the bids received significantly exceeded the Engineer's Estimate and approved project budget. III. FISCAL IMPACT: Traffic Impact Fees ($175,354) Arterial Street Fund ($27,000) STP ($748,550) Quick Response Safety Grant ($500,000) IV. HISTORY AND FACTS BRIEF: A) The Road 68 Improvements, Phase 2 project constructs and reconstructs access management concrete medians and concrete curbs, including HMA removal and replacement, new signal controllers, cabinets and foundations, signal controller modifications, signal heads and signage on mast arm additions and replacements, pedestrian signals and buttons, ADA ramps, sidewalk and driveway reconstruction, emergency vehicle pre - emotion, storm utility work and pavement marking removal and replacements. Median work includes some re- landscaping and irrigation work, illumination removal and replacement and new signage. This project also installs CCTV. B) The Interconnect Road 68 Signals project constructs a radio signal interconnect system including fiber optics, radio modems, antennas, UPS, and signal controller modifications. C) The project was advertised on July 21, July 28 and August 4, 2013, with a bid opening on August 27, 2013. V. DISCUSSION: A) At the bid opening, staff received two (2) bids for the project. The low bid was received from Aztech Electric, Inc. in the amount of $1,495.293.39 (base bid). The second lowest bid was received from Colvico, hie. in the amount of $1,579.006.70 (base bid). The Engineer's Estimate for the project was $1,090,829.50 (base bid). B) Staff has reviewed the project design and documents and believe that the higher than expected bids were due to the timing of the bid advertisement which was driven by the grant funding deadlines; uncertainty of possible winter paving; and work time restrictions that were placed on the project to avoid lane closures during the morning and evening peak traffic periods. Rebidding the project in October should allow for more competitive bids as bidders will be seeking to secure work for late winter and early spring. We propose to remove the lane closure restrictions thus providing more competitive longer work days. And we will include an early /late start provision that will allow flexibility in the construction time over the winter months and a provision that allows the civil and paving work to be delayed until more suitable spring weather. C) Staff, therefore, recommends that Council reject all bids due to current fiscal constraints of the project and allow for the project to be rebid in October. 1 ®(`d) City of Pasco Road 68 Improvements, Phase 2 Project #C2 -11 -16 -STR, Federal Aid No. STPUL- 3515(007) and Interconnect Road 68 Signals Project #C2 -10 -06 -STR, Federal Aid No. STPUL- 3515(006) August 27, 2013 BID SUMMARY BASE BID EVALUATION: Engineers Estimate Aztech Electric, Inc. Colvico, Inc. $1,090,829.50 $1,495,293.39 $1,579,006.70 AGENDA REPORT NO. 37 FOR: City Council September 11, 2013 TO: Gary Crutchfie i anager FROM: Ahmad Qayouti, Public Works Director Regular Mtg.: 9/16/13 SUBJECT: Professional Services Agreement — Design for Butterfield WTP Traveling Screens Phase D I. REFERENCE(S): 1. Vicinity Map 2. Professional Services Agreement Summary Sheet II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 9/16: MOTION: I move to approve the Professional Services Agreement with RH2 Engineering, Inc., authorizing Design Services with respect to the Butterfield WTP Traveling Screens project in the amount of $67,976, and further, authorize the City Manager to sign the agreement. III. FISCAL IMPACT: Water Utility Bonds IV. HISTORY AND FACTS BRIEF: A) The existing raw water intake for the Butterfield Water Treatment Plant is located on the Columbia River near the Cable Bridge and has the potential to process up to 30 million gallons per day when operating at full capacity. The intake building houses one traveling screen to catch and remove debris before the raw water is piped to the Butterfield Water Treatment Plant for processing. The existing traveling screen has been operating in its current location for nearly 60 years and needs to be cleaned and repaired. B) To accomplish the refurbishing activities, the traveling screen must be removed and taken off -site. Additionally, the City proposes to install a second traveling screen in the vacant slot adjacent to the existing screen, in order to provide redundant raw water intake capability. Unfortunately, the intake building's existing roof hatches and floor grates are not positioned correctly and prevent the removal /installation of both the existing and proposed traveling screens. C) The City's intent is to have a Consultant initiate and complete all aspects of a retro -fit design, to include constructability methods if required, to provide appropriately located roof hatches and/or floor grates at the existing intake building that will allow for the removal and replacement of the existing and future traveling screens. V. DISCUSSION: A) In May of 2013, Staff issued a Request for Proposal for the retro -fit analysis and design of the raw water intake structure. B) On June 11, City received two proposals from two consultants. During June /July 2013, Staff reviewed the proposals and independently rated the consultants using the same Consultant Criteria Ranking Form. The rating panel included representatives from Engineering and Water Plant Operations Staff. C) RH2 Engineering, Inc. was unanimously selected to be most qualified to complete the design of this project by the rating panel. Contract negotiations were conducted during August 2013. D) The project will include the following elements in the design. a. As- constructed 3 -D scanning and modeling. b. PS &E for the design, construction, and installation of the floor and/or roof hatch retro -fit modification(s). c. PS &E for the design, construction, and installation of the new traveling screen. 10(b) (A z W W U (A 0 z J W Q f'- a. 0 J W LL re W F- D m Professional Services Agreement (Summary Sheet) Project: BUTTERFIELD WTP TRAVELING SCREENS Consultant: RH2 ENGINEERING, INC. Address: RICHLAND, WA Scope of Services: CLEAN AND REPAIR EXISTING TRAVELING SCREEN AND INSTALL A SECOND TRAVELING SCREEN ADJACENT TO THE EXISTING SCREEN. INITIATE AND COMPLETE EFFORTS RELATED TO RETROFIT DESIGN TO THE EXISTING INTAKE STITLDING TO ALLOW REMOVAL AND REPLACEMENT OF EXTSTTNr; AND FUTURE .grpRRN.R Term: 6 MONTHS Completion Date: MARCH 2014 Payments to Consultant: ❑ Hourly Rate: $ ® Fixed Sum of: $ 67.976 ❑ Other: Insurance to be Provided: 1. Commercial General Liability: ❑ $1,000,000 each occurrence; ❑ $2,000,000 general aggregate; or IM $1,00Q000 each occurrence; and $ 2,000,000 general aggregate 2. Professional Liability: ® $1,000,000 per claim; ❑ $1,000,000 policy aggregate limit; or I] $ per claim; and $ per policy aggregate limit Other Information: TO: City Council FROM: Gary Crutchi SUBJECT: Middleton Pi I. II. REFERENCE(S): AGENDA REPORT 1. Vicinity Map 2. Proposed Agreement Manager �reement September 12, 2013 Regular Mtg.: 9/16/13 ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 9/16: MOTION: I move to approve the real estate purchase agreement with Middleton Six Sons Farms LLC and, further, authorize the City Manager to sign all documents necessary and appropriate to execute the Agreement. III. FISCAL IMPACT: fl'I V. HISTORY AND FACTS BRIEF: A) The city owns 14 farm circles east of SR395 which are leased to farmers growing certain crops in support of the Process Water Reuse Facility (PWRF). The PWRF system essentially recycles the process water used by the food processing plants on the west side of SR395 (Pasco Processing Center). The system was built in 1994, is permitted by the state department of Ecology and is undergoing an upgrade and renovation this year. B) The Federal Bureau of Reclamation (BOR) owns various portions of land in the area east of SR395. BOR notified the city of its intent to sell the northwest quarter of Section 14, T9, R30 (see reference 1), a dry (no water rights) quarter section adjacent a farm circle already owned by the city. Another adjacent owner (Middleton) was also notified of the BOR intent. BOR notified both parties it would not sell to one without approval of the other. Discussions over the past year resulted in the conclusion that neither party was willing to forego its ownership interest; thus, the parties have agreed to each purchase one -half the quarter section. C) The proposed agreement provides that the city will purchase the entire quarter section from BOR and, in turn, sell the south half to Middleton. In addition, Middleton desires to purchase an approximate 5 -acre `comer" owned by the city adjacent his shop; the agreement provides for that parcel to be sold by the city to Middleton in conjunction with the BOR half - quarter sale. Thus, the proposed agreement with Middleton essentially provides an outline of actions to be undertaken by the parties so they end up with the mutually agreed result. DISCUSSION: A) Ownership of additional farm circles is critical for the city, if additional food processing plants are to be accommodated in the future. A typical large processing plant will consume three to four farm circles for process water disposal, so the single half- circle will not create sufficient capacity by itself; it will, however, add to the present capacity. 10(c) B) The proposed agreement with Middleton will result in each owning one -half of the quarter section and each being responsible for their own portion of land. Future agreements could result in Middleton leasing the city's half circle in conjunction with operation of the PWRF. C) The purchase price reflected in the BOR appraisal is $900 /acre, or about 10 -15% of the current market price of irrigated farm land. The price is lower due to the absence of water rights and the land needs to be "developed" for farming purposes; both efforts represent substantial costs. Fortunately, the city already owns ground -water rights in the vicinity that can be transferred to the new site, so the only additional cost will be the development cost, estimated at $250,000. The finished cost is expected to be less than $5,000 /acre; purchase of "ready to use" irrigated farm ground would range between $7,000 - $10,000 /acre. D) Staff recommends approval of the purchase agreement. AL 17 IN �-, FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco 525 North 3rd Pasco WA 99301 REAL ESTATE PURCHASE AGREEMENT THIS REAL ESTATE PURCHASE AGREEMENT is entered into this _ day of September, 2013, by and between the City of Pasco, Washington, a Municipal Corporation (hereinafter referred to as "City "), and Middleton Six Sons Farms, LLC, a Washington Limited Liability Company (hereinafter referred to as "Middleton "). WHEREAS, the City and Middleton are potential purchasers competing for the purchase of certain real property owned by the United States Department of Reclamation adjacent to the respectively owned properties in Franklin County, Washington; and WHEREAS, the parties have reached an agreement in regards to the respective ownership and use of that real property known as "BOR Property" legally described as the Northwest Quarter of Section 14, Township 9N, Range 30E, W.M., and illustrated as `BOR 1/4 Section" on Exhibit A, attached hereto and incorporated herein by this reference. NOW, THEREFORE, in consideration of the mutual covenants contained herein, the parties agree as follows: 1. City Purchase of BOR Propertv. The City shall negotiate with the United States Bureau of Reclamation for the purchase of the BOR Property as generally described above, and as designated in Exhibit A attached hereto, according to the terms offered by the United States Bureau of Reclamation and acceptable to the City. 2. Middleton Forbearance. Middleton shall forebear from bidding against the City, or competing with the City to acquire the BOR Property described above; and shall permit the City to purchase the BOR Property waiving, and withdrawing any previous offers or options to purchase the BOR Property. 3. Sale of the South 80 Acres to Middleton. Within one hundred eighty (180) days ( "Closing Date ") of purchase from the United States Bureau of Reclamation of the above - described real property, the City shall sell to Middleton the south half of the northwest quarter of Section 17, Township 9 North, Range 30 E.W.M., records of Franklin County, Washington, Middleton Six Farms LLC Real Estate Purchase Agreement — Page 1 consisting of approximately eighty (80) acres, more or less. The exact description of such property shall be determined by survey as provided below. The sale price for the south half shall be equal to the per acre price the City paid to the United States Bureau of Reclamation for the above - described real property as provided in Section 1 above. The sale price shall be paid in cash, at closing. 4. Sale of "Corner" ProDerty to Middleton. The City shall, in addition to that property identified in Section 3 above, sell to Middleton and Middleton shall purchase, the southeast corner of City Circle No. 5 (SE 1/4 of Section 12) consisting of approximately five (5) acres. The exact legal description for such parcel shall be determined by survey as provided below. The sale price for the "Corner" property shall be at fair market value as established by an independent appraisal from a qualified real estate appraiser selected by the City, within sixty (60) days of the City's purchase of the property provided in Section 1 above. Any dispute regarding the appraised fair market value of the corner property shall be resolved as provided in Section 11 below. The sale price shall be paid in cash, at closing. 5. Survev and Legal Description. The parties acknowledge that the exact legal descriptions for the parcels as described above are not available as of the execution of this Agreement. The City shall, within thirty (30) days of its purchase of the BOR Property described in Section 1 above, nominate a registered land surveyor to survey the BOR Property establishing the boundaries of that property to be sold to Middleton, and the "Corner" property providing corner pins, legal descriptions and a recordable record survey. The costs for such survey services shall be equally borne between Middleton and the City. If Middleton objects to the surveyor designated by the City, within ten (10) days of its notice, the parties shall immediately meet and confer to determine a mutually agreeable surveyor. However, if such agreement cannot be reached, the dispute shall be resolved pursuant to Section 11 below. The parties authorize the attachment of the true legal description of the parcels above, as determined by the surveyor, to this Agreement. 6. Title. The City shall convey by Statutory Warranty Deed that real property identified in Section 3 and Section 4 above free and clear of any claims, liens, or encumbrances except the rights, reservations, covenants, conditions and restrictions presently of record, easements and encroachments of record, or of apparent use. Further, title is not warranted, nor the condition of the premises warranted, as to its present condition, use (authorized or unauthorized), nor environmental conditions. Middleton takes the property as is, subject to the terms and conditions of this Agreement, and with regard to any and all zoning requirements considering its use and occupancy. 7. Contingencies. Middleton's obligations to purchase the property identified in Section 2 and Section 3 above, is subject to the following contingency: A. Purchase by the City of the BOR Property as provided in Section 1 above. Middleton Six Farms LLC Real Estate Purchase Agreement — Page 2 8. Closing. This Agreement shall be closed on or before the date of closing provided in Section 3 above by Benton - Franklin Title Company in Kennewick, Washington. "Closing" means the date on which all documents are recorded and the sale proceeds are available for disbursement to the City. Middleton and the City shall deposit with the closing agent all documents and monies as required to complete this sale in accordance with this Agreement. Both Middleton and the City agree to cooperate with one another to close this sale according to the terms and conditions as contained herein. Middleton shall be entitled to possession upon closing. 9. Closine Costs. The City shall assume and pay all closing costs incident to the purchase of the BOR Property as provided in Section 1 above. Middleton shall assume and pay all closing costs incident to the purchase of the real property identified in Section 2 and Section 3 above. The City and Middleton shall each pay their own attorney fees and costs incident to the negotiation, preparation of documents, and closing of this transaction. The following costs shall be equally divided between the parties: A. Appraisal costs for the Comer property; B. Survey costs as required by Section 5 above; C. United States Bureau of Reclamation administrative costs and fees incident to and above the per acre costs for the land purchased by the City pursuant to Section 1 above; D. Cultural survey /report costs incurred by the City incident to the land purchase identified in Section 1 above; and E. Escrow and other closing costs charged by Benton - Franklin Title Company that may be in addition to those incident to the purchase of the real property identified in Section 2 and Section 3 above. 10. Assignment Prohibited. Except for Middleton's assignment to a related entity or individual, neither party may assign, transfer, or convey any rights under this Agreement without the other party's prior written consent. 11. Dispute Resolution. For the purpose of this Agreement, time is of the essence. In the event of a dispute regarding the breach, enforcement, or interpretation of this Agreement, including determination of the fair market price as provided in Section 4 above and the selection of a surveyor as provided in Section 5 above, the parties shall fast meet in a good faith effort to resolve the dispute. In the event the dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of a jury trial upon trial de novo, with venue placed in Pasco, Franklin County, Washington. The substantially prevailing party shall be entitled to its reasonable attorney fees and costs as additional award and judgment against the other. Middleton Six Farms LLC Real Estate Purchase Agreement — Page 3 12. Suaersedine Agreement. This Agreement supersedes all prior negotiations, agreements, and communications, written or oral, between the parties with respect to the subject matter of this Agreement. IN WITNESS WHEREOF, the parties warrant their authorization to enter into this Agreement as of its execution on the date indicated above CITY OF PASCO, WASHINGTON Gary Crutchfield, City Manager Approved as to Form: Leland B. Ken, City Attorney MIDDLETON SIX SONS FARMS, LLC Bill Middleton, Managing Member Michael A. Foehlich, Middleton Attorney Middleton Six Farms LLC Real Estate Purchase Agreement - Page 4 STATE OF WASHINGTON) :ss County of Franklin ) On this day personally appeared before me GARY CRUTCHFIELD, City Manager for the City of Pasco, Washington, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of September, 2013. Notary Public in and for the State of Washington Residing at My Commission Expires STATE OF WASHINGTON ) :ss County of Franklin ) On this day personally appeared before me BILL MIDDLETON, Managing Member of Middleton Six Sons Farms, LLC, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of September, 2013. Notary Public in and for the State of Washington Residing at My Commission Expires Middleton Six Farms LLC Real Estate Purchase Agreement — Page 5