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
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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)
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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)
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PROJECT LOCATION
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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)
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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)
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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
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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.
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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.
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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.
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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.
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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)
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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