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HomeMy WebLinkAbout2014.01.13 Council Workshop PacketAGENDA PASCO CITY COUNCIL Workshop Meeting 7:00 p.m. January 13, 2014 1. CALL TO ORDER 2. ROLL CALL: (a) Pledge of Allegiance. 3. VERBAL REPORTS FROM 4. ITEMS FOR DISCUSSION: (a) Hanford Communities Annual Report. (NO WRITTEN MATERIAL ON AGENDA) Presented by Pam Larsen, Executive Director, Hanford Communities. (b) DPDA 2013 Annual Report and Funding Proposal for DPDA Strategic Plan: 1. Agenda Report from Rick White, Community & Economic Development Director dated January 8, 2014. 2. Letter of Request for the Downtown Pasco Development Authority (DPDA). 3. Proposed Scope of Work. (c) Utility Rates: 1. Agenda Report from Dunyele Mason, Finance Manager dated January 2, 2014. 2. Proposed Ordinance. 3. Comparative City Rates. 4. Water Fund Analysis. 5. Sewer Fund Analysis. 6. Stormwater Fund Analysis. 7. Irrigation Fund Analysis. 8. Ambulance Fund Analysis. (d) Fire Safety Inspections in Commercial Facilities: 1. Agenda Report from Bob Gear, Fire Chief dated January 8, 2014. 2. Memo from Rick White, Community & Economic Development Director re: Inspection Program. (e) Easement Agreement with Department of Natural Resources (Road 68) (MF# ESMT2014- 001): 1. Agenda Report from Rick White, Community & Economic Development Director Dated January 7, 2014. 2. Vicinity Map. 3. Easement Agreement. (f) Amendment No. 2 of HOME Consortium Agreement for Kennewick, Pasco and Richland for Program Years 2011 -2013 (AGRMT2013 -006): 1. Agenda Report from Angie Pitman, Block Grant Administrator dated January 7, 2014. 2. Proposed Resolution. 3. Amendment No. 2 to Cooperative Agreement of the Tri- Cities HOME Consortium. (g) 2014 Temporary Employee Wage Plan: 1. Agenda Report from Lynne Jackson, Human Resources Manager dated January 8, 2014. 2. Proposed Ordinance. 3. Proposed Wage Plan. (h) Issuance of Note Funding LID 148 Expenditures: 1. Agenda Report from Dunyele Mason, Finance Manager dated January 9, 2014. 2. Ordinance. 3. Local Improvement District No. 148 Installment Notes. 4. Vicinity Map. (i) Council Representation on Boards and Committees. (NO WRITTEN MATERIAL ON AGENDA) Workshop Meeting 2 January 13, 2014 5. OTHER ITEMS FOR (a) (b) (c) 6. EXECUTIVE SESSION: (a) (b) (c) 1. 6:00 p.m., Monday, January 13, Conference Room #1 — Old Fire Pension Board Meeting. ( COUNCILMEMBER REBECCA FRANCIK, Rep.; SAUL MARTINEZ, Alt.) 2. 3:00 p.m., Tuesday, January 14, BF Health Department — Continuum of Care Task Force Meeting. ( COUNCILMEMBER AL YENNEY) 3. 3:30 p.m., Thursday, January 16, FCEM Office — Franklin County Emergency Management Board Meeting. (MAYOR MATT WATKINS, Rep.; COUNCILMEMBER TOM LARSEN, Alt.) 4. 11:30 a.m., Friday, January 17 — Benton - Franklin Council of Governments Board Meeting. ( COUNCILMEMBER AL YENNEY, Rep.; REBECCA FRANCIK, Alt.) FOR: TO: FROM: SUBJECT: II. III. li9 AGENDA REPORT City Council January 8, 2014 Gary Crutchfie 1iyJanager Workshop Mtg.: 1/13/14 Rick White, Community & Aconomic Development Director eqAO Funding Proposal for the DPDA Strategic Plan and 2013 Annual Report REFERENCE(S): 1. Letter of Request for the Downtown Pasco Development Authority (DPDA) 2. Proposed Scopes of Work ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 1/13: DISCUSSION FISCAL IMPACT: Approximately $35,000 from the Economic Development Fund. HISTORY AND FACTS BRIEF: A. City Council formed the DPDA in December of 2010 to undertake revitalization of the Downtown area, provide management of the Pasco Specialty Kitchen and Farmer's Market and promote utilization of the fagade improvement program funded through Community Development Block Grant funds. B. This past year the DPDA has worked to find a replacement for the Executive Director, developed website and social media connections, assisted with a second fagade improvement project, initiated Downtown clean-up events, brought back the "Fiery Foods Festival" and completed the "Christmas Tree Lighting" event. C. Recognizing the importance of a strategic work plan and an updated internet presence - the DPDA Board published a Request for Proposals, conducted interviews and made a tentative choice on a firm for development of a strategic plan and a functional and contemporary website — dependent on receipt of funding from the Economic Development Fund (funding is available but not budgeted). D. The funding agreement with the DPDA — which is in effect from January 2012 through December of 2014 - calls for an annual report to City Council. The 2013 Report will be presented by the DPDA Executive Director and Board Chair. V. DISCUSSION: A. This request is essential for the long term success of the DPDA and its revitalization efforts and is expected to result in a multi -year strategic work plan. This proposed plan is seen as a measurable task list that will establish working priorities for the DPDA Board and Executive Director. B. The strategic plan would include identifying the responsibilities and timeline necessary for achieving the outcomes listed below: • Development of a Promotions /Marketing Program for the Farmer's Market and Pasco Specialty Kitchen; • Development of a program for the outreach and involvement of the Downtown Business Community; • Development of a Downtown Property/Real Estate Marketing Program; • Incorporation of the Main Street Four Point approach; • An analysis of unfilled consumer services /retail opportunities in the Downtown Area. C. The request also includes the services necessary to establish a unique and consistent Downtown Pasco "brand" for the DPDA, the Pasco Farmers Market and the Pasco Specialty Kitchen and an improved and effective website. D. Once negotiations are complete with the two consultants, staff will return to Council for final consideration of the Scopes of Work. Staff recommends Council approval of funding for creation of a strategic plan, updated website and "branding" services for the DPDA. 4(b) JDaW-wtoloom PASS Development Authority To: City Council From: Michael Miller, President DPDA Date: December 26, 2013 RE: Funding Request Dear Council Members 403 W. Lewis St., Suite A P.O. Box 688 Pasco, WA 99301 (509) 546 -1304 www.downtovmpasco.com In December of 2010, the City determined that the creation of an independent public development authority to undertake specific activities and projects in Downtown Pasco is the best means to accomplish the City's management and revitalization goals. As a result, the Downtown Pasco Development Authority (DPDA) was formed by the Pasco City Council. With two full years of groundwork under our feet, the DPDA feels that the development of a multi -year strategic task plan is the next step in the revitalization process. The planning process is expected to identify and prioritize fundamental tasks for our manager and board to successfully revitalize Downtown Pasco. We have identified a preliminary scope of work with a company specializing in economic and development activities to help in this effort. We expect the end product to include a prioritized list of measures the DPDA must take for revitalization; development of a Downtown Pasco unique brand and development of a website that incorporates the Pasco Farmers Market, Pasco Specialty Kitchen and Downtown Development Authority into one contemporary and functional website location. The DPDA respectfully asks that City Council favorably consider funding the expected cost of this proposed task plan, recognizing that it is necessary to create a path for the Board of the DPDA to move forward with its fundamental task of making Downtown Pasco stronger. Thank you in advance for your consideration. Michael Miller President, DPDA Ourmission is to strengthen and develop Downtown Pasco as a centerfor culture, business, and community spirit. Downtown Pasco Development Authority Strategic Plan Proposed Scope of Work E.D. Hovee and Company January 8, 2014 1. Step 1— Information Gathering & Outreach A. Project kick off with DPDA Board and Staff B. Background review The Consultant will conduct research to identify key issues and information. This will include an inventory of Downtown business and property conditions and include an interview process with 12 -15 representative downtown stakeholders. II. Demographic and market assessment will be prepared identifying local and regional trade areas with a retail/leakage analysis including potentials for adding office /service businesses. III. Review of the Farmer's Market and Specialty Kitchen operations through interviews with managers of each to determine the potential for increased marketing and /or business opportunities. IV. An outline of strategic options will be provided including an evaluation of the advantages and disadvantages of each and the implementation requirements for each option. Deliverable: Draft Background Report submitted for review with the DPDA Board C. DPDA review of the Background Report The Consultant will meet with the DPDA Board in a work session and present and discuss the report including questions /clarifications and potential revisions. II. The Consultant will lead a discussion of the options so a preliminary recommendation of a preferred option is chosen. Deliverable: Meeting materials and a memorandum outlining the DPDA Board's direction for proceeding with the strategic plan. D. Draft Strategic Plan I. The Consultant will develop the draft strategic plan with agreed revisions from the background report. The draft strategic plan will include the following components: a) Business outreach — including near term priorities and on -going outreach roles. b) Promotion and marketing programs — distinct programs focused on neighborhood and destination customers. c) Property and real estate marketing — focused on existing business and property owners and on prospective development interests. d) Incorporation of the Main Street Program — addressing the four point approach covering organization, design, promotions and economic development. Deliverable: Draft Strategic Plan for DPDA and City review. Each of the above components will include delineation of lead and support responsibilities, estimated timelines and required resources. E. DPDA and City Review a) DPDA and City staff review to include fine tuning as appropriate. b) City staff may conduct review in conjunction with the Pasco City Council. morMn SARA NELSON PROJECT AGREEMENT: Downtown Pasco Development Authority Corporate Identity DATE: November 20, 2013 COMPANY: Downtown Pasco Development Authority Website ADDRESS: P.O. Box 688, Pasco, WA 99301 PHONE: 509 - 546 -1304 E -MAIL: director @downtownpasco.org CONTACTS: Michael Goins DECISION MAKER: Michael Goins PROJECT DESCRIPTION: Comprehensive Corporate Identity We will design a comprehensive corporate identity and develop brand standards for the DPDA and it's affiliated businesses. The package will include: - Branding for the DPDA - Branding for the Pasco Farmer's Market - Branding for the Pasco Specialty Kitchen - Written brand standards DPDA We will develop an identity for the DPDA that includes a logo, color palette and fonts. The elements will be designed to communicate stability, approachability and innovation as its primary goals. This identity may also communicate helpfulness, vibrance, strength, culture, safety, smart, fun and hip. The overarching brand standards will influence the look of the Farmer's Market and Speciality Kitch- en brands, providing a level of consistency between the three brands. We will prepare five or more logo options for consideration and revise the selected logo as needed. We will design letterhead, envelope and business cards based on the selected logo design. When finished, we will prepare a CD containing variations in color, white and black. The files will be saved in both .jpg and .eps formats. Pasco Farmer's Market The identity for the Farmer's Market will be designed to appeal to consumers who care about the quality of their food and value locally - produced raw and processed foods. The design will also communicate that this market is "the fun one ". P.O. Box 2010, Pasco, WA 99302 1 27 North Auburn Street, Kennewick, WA 99336 1 509.545.4584 1 www.saranelsondesign.com SARA NEL We will prepare five or more logo options for consideration and revise the selected logo as needed. When finished, we will prepare a CD containing variations in color, white and black. The files will be saved in both .jpg and .eps formats. Pasco Specialty Kitchen With the change in mission of the Specialty Kitchen from "space to cook" to "food- business incubator ", the identity will be designed to appeal to a visionary entrepreneur. The design will communicate first that it is a kitchen and, second, the values of cleanliness, seriousness, maturity and culinary finesse. We will prepare five or more logo options for consideration and revise the selected logo as needed. We will design business cards and signage based on the selected logo design. When finished, we will prepare a CD containing variations in color, white and black. The files will be saved in both .jpg and .eps formats. Brand Standards We will prepare a Brand Standards document that outlines the appropriate uses of each logo and provides color palette and font data. The document will be easy to understand and use. It will be delivered in .pdf form accompanying the logo files on a CD. ESTIMATED COST: Design and Editing Fees: $5375' Cost of services is estimated. Fees will be billed based on normal hourly rates. Project estimates are valid for 90 days from the date of estimate. Project may be reestimated if, upon receipt of all project elements, the designer determines the scope of the project to have been altered dramatically from the originally agreed -upon concept. PAYMENT SCHEDULE: A deposit in the amount of $1790 is due before work begins; balance is due upon completion. OWNERSHIP: Upon receipt of payment in full, the final logo designs may be copyright - protected and trademarked by Downtown Pasco Development Authority. Sara Nelson Design does not guarantee your ability to trademark your name or mark. Please consult an attorney for legal advice. P.O. Box 2010, Pasco, WA 99302 1 27 North Auburn Street, Kennewick, WA 99336 1 509.545.4584 1 www.saranelsondesign.com SARA NELV e PROJECT AGREEMENT: Downtown Pasco Development Authority Website DATE: November 20, 2013 COMPANY: Downtown Pasco Development Authority Website ADDRESS: P.O. Box 688, Pasco, WA 99301 PHONE: 509 - 546 -1304 E -MAIL: director @downtownpasco.org CONTACTS: Michael Goins DECISION MAKER: Michael Goins PROJECT DESCRIPTION: Website We propose to design a clean, professional, responsive (mobile - friendly) website for the DPDA. The site will serve as both a community resource and to promote online social interaction. We will incorpo- rate the new DPDA identity into the design. We will design the site on a Sara Nelson Design development domain and transfer it to the final desti- nation upon project approval and completion. The structure of the site will be as follows: WELCOME - New DPDA logo in the header - Page navigation - Paragraph about the DPDA with link to "Who We Are" page - Upcoming events - Attractive photos - Featured property for sale with link to more information - Button linked to Farmer's Market page - Button linked to Specialty Kitchen page - Link to Michael's blog (Tumblr blog site ?) - Twitter feed - Weather widget WHO WE ARE - Information about the DPDA - Mission and Vision statements - History of Downtown Pasco P.O. Box 2010, Pasco, WA 99302 1 27 North Auburn Street, Kennewick, WA 99336 1 509.545.4584 1 www.saranelsondesign.com MOIRA SARA NELSON k {o � LEADERSHIP - Information on board meetings - List of DPDA Board Members and Staff SUPPORTERS - List of sponsors and business partners ANNUAL REPORTS - Annual reports for DPDA, Farmers Market and Specialty Kitchen (as downloadable .pdfs) PROJECTS & FUTURE PLANNING - Current downtown improvement project information EXPLORE DOWNTOWN - Map of downtown Pasco (a downloadable .pdf) - Business directory? ?? - Link to live downtown web camera REAL ESTATE - Link to a list of available properties downtown FARMERS MARKET - Information on the Pasco Farmers Market with schedule and hours - List of vendors and sponsors - Events - Downloadable documents (vendor application, etc) - Contact information and Google map SPECIALTY KITCHEN - Information about the Pasco Specialty Kitchen with hours of operation - List of clients and their products - Rules and regulations - Commercial Foods Academy information - Business plans and resources - Link to DPDA Schedulicity Account to reserve time in the kitchen - Contact information and Google map WHAT'S HAPPENING - List of news and events blog posts - Ability to upload video and photos, and for users to subscribe to blog PHOTO GALLERY - 20 photos of events in downtown Pasco P.O. Box 2010, Pasco, WA 99302 1 27 North Auburn Street, Kennewick, WA 99336 1 509.545.4584 www.saranelsondesign.com F401P SARA NELS h q w j � GET INVOLVED - Information how to help the downtown with link to "Volunteer' page VOLUNTEER - Promotions Team - Business Development Team - Design Team - Online signup form to join a Volunteer Committee CONTRIBUTE - Information on how to donate to the DPDA with Donate button CONTACT US Contact information - Online contact/feedback form - Google map to downtown KIDS CORNER - Online kid - friendly games - List of downtown Pasco annual family - friendly activities and events INCLUDED ON ALL PAGES: - Basic contact information - Social media links - Link to live downtown web camera - Email signup form - Google translate feature for language translation CONSIDERATIONS: - Client will provide all content, Sara Nelson Design will edit for voice and grammar. - Client will provide all available photos. We estimate licensing 6 stock photos. PROJECT INCLUDES: - Half hour of training to update the website content and upload photos to the gallery - Two rounds of changes ESTIMATED ONE-TIME COST: Design and Editing Fees: $4500' Wordpress theme $50' Five stock photos: $300' P.O. Box 2010, Pasco, WA 99302 1 27 North Auburn Street, Kennewick, WA 99336 1 509.545.4584 1 www.saranelsondesign.com AGENDA REPORT FOR: City Council January 2, 2014 TO: Gary Crutchfi j i Manager Workshop Mtg: 1/13/14 Rick Terway, � or, Administrativ (A ommunity Regular Mtg: 1/21/14 Services FROM: Dunyele Mason, Financial Services Managerc—r�� SUBJECT: UTILITY RATES I. REFERENCE(S): 1. Proposed Ordinance 2. Comparative City Rates 3. Water Fund Analysis 4. Sewer Fund Analysis 5. Stormwater Fund Analysis 6. Irrigation Fund Analysis 7. Ambulance Fund Analysis II. ACTION REQUESTED OF COUNCIL /STAFF RECOMMENDATIONS: 1/13: Discussion 1/21: MOTION: I move to adopt Ordinance No. adjusting the water, stormwater and ambulance utility rates effective February 1, 2014 and adjusting the water utility rate effective January 1, 2015 and, further, authorize publication by summary only. III. FISCAL IMPACT: Water Utility, Sewer Utility, Stormwater Utility, Ambulance Fund, Utility Tax IV. HISTORY AND FACTS BRIEF: A) Each utility is analyzed annually and projections made for a 5 year planning window. This 2014 -2018 Utility Rate Plan contemplates operating needs, construction impacts (as approved by the 2014 -2019 Capital Improvement Plan) and the impacts of current and future debt issuances. By using a five year planning window, rate impacts can be managed. The current goal is to contain rate increases to no more often than every two years. B) WATER. The last water rate increase was authorized in 2010; four years ago and in conjunction with the issuance of new debt. The next debt issuance is planned for 2015. To lower costs and keep rates down, the utility has used its reserves to fund construction costs and delay additional debt. The 2014 -2018 Utility Rate Plan for water calls for a 30% increase in base fees ($3.75 /month for residential, from $12.50 to $16.25) and a 5% increase in water consumption rate (from $0.65 to $0.68 per 100 Cubic Ft.) in 2014. Effective January 1, 2015, there will be no increase in the base rates but a 3% increase in consumption rates (from $0.68 to $0.70 per 100 Cubic Ft.). The 2015 increase is necessary to restore operating reserve balances to preserve the utility's credit rating. There are 221 accounts receiving the Low Income Sr. Discount of 67% (i.e. the reduced rate is 1/3 the regular base fee) so this base fee would increase $1.23 per month from $4.17 to $5.40 in 2014. C) SEWER. The last sewer increase took place in 2004; ten years ago. In 2013, the sewer utility received $2.4 million in bond proceeds for construction projects and maintained the reserve balances. In conjunction with the water utility, the next debt issuance is planned for 2015 to provide funding for capital projects as listed in the 2014 -2019 Capital Improvement Plan and the 20 Year Sewer Master Plan. There is no rate increase planned for 2014 or 2015. 4(c) D) STORMWATER. The last stormwater increase took place in 2012. This utility currently has no debt and renews its system using rates revenues. The 2014 -2018 Utility Rate Plan calls for a 13% increase in base fees ($0.50 /month for residential, $3.90 to $4.40) in 2014. E) IRRIGATION. The last irrigation increase took place in 2011. This utility currently has no debt and renews its system using rates revenues. Continued growth in the number of customers has been sufficient to offset increasing costs of doing business. There is no rate increase planned for 2014 or 2015. F) AMBULANCE. The last ambulance rate increase took place in 2013. The utility currently has no debt but faces on -going revenue challenges to keep pace with operating increases. The 2014 -2018 Utility Rate Plan calls for a 24% increase in base fees ($1.50 /month for residential, $6.25 to $7.75) in 2014. V. DISCUSSION: A) WATER. 1) Included in the analysis is the impact of several new programs. The first program is the Fire Hydrant Flushing program. This program provides resources to carry out a preventative maintenance program to flush, service, repair and test the fire hydrants city wide to better ensure they are properly working and available in an emergency. The second program, the Hydrant Addition program provides resources to add fire hydrants west of 20a' Avenue where sufficient fire protection should be improved. The third program is the Water Meter Relocation program. This program increases efforts to move existing water meter /services from troublesome areas (in parking strips, secured areas, etc.) to readily accessible and serviceable locations. The total impact of these new programs is about $412,000 per year. 2) There is an additional impact of approximately $590,000 per year that includes a 2% increase in the O &M on -going costs ($90,000); increases in state and city utility taxes ($156,000), increases in interfund administrative charges ($144,000) and a contribution to replenish reserves ($305,000) over the next several years required to maintain the utility's credit rating. B) SEWER. 1) Sewer rates are impacted by the new Department of Ecology requirement that the City take on the responsibility of pre - treatment permit process. The impact of the new requirement is estimated at $216,000 per year. There is an additional impact of approximately $200,000 per year that includes a contribution to replenish reserves over the next several years required to maintain the utility's credit rating. 2) Continued growth in the customer base has allowed these costs to be absorbed without a 2014 rate increase. C) STORMWATER. 1) Included in the analysis are the impacts of additional maintenance programs and the addition of a 0.5FTE (re- assigned from the Street Division) devoted to street sweeping. A new Retro -Fit program ($60,000) has been added along with a new Recondition Storm Drain Pipes ($25,000 in 2014 increasing to $50,000 in 2015). These programs were added to meet Department of Ecology permitting requirements. A $0.50 increase in 2015 may be necessary to cover 2014 service levels. As an alternative to the 2015 rate increase, Council might decrease the sweeping frequency. D) IRRIGATION. 1) Continued growth in the number of customers has been sufficient to offset increasing costs of doing business which means no rate increase is required. Reserves remain adequate. E) AMBULANCE. 1) Ambulance rate increases are driven by continued increases in costs and continued state and federal caps on medical reimbursements. Personnel costs represent 72% of all operating costs. The settlement of the union contract resulted in an operating cost increase of approximately $86,000 per year. The balance of revenue generated by the proposed increase will reduce the General Fund subsidy to the previous $420,000 level. The 2015 rate increase and ambulance rate model will be discussed in detail later this year. ORDINANCE NO AN ORDINANCE of the City of Pasco, amending Pasco Municipal Code Sections 3.07.010 (Ambulance), Sections 3.07.160 (Water User Fees) and 3.07.190 ( Stormwater Water Utility) regarding utility rates. WHEREAS, The City Council has determined that certain amendments to the Ambulance, Water and Stormwater user fees are needed; NOW, THEREFORE, the City Council of the City of Pasco, Washington, Does Ordain as Follows: Section 1. PMC Section 3.07.010, subsections A) and B) are amended to read as follows: 3.07.010 AMBULANCE: A) Ambulance Service Rates: Fee /Charge Reference 1) Resident Rate $66000 $700.00 3.05.040 2) Non - Resident Rate $998:08 $1.050.00 3.05.040 3) Mileage Rate, per mile $10.08 $11.00 3.05.040 4) Non - Transport Medical Services Rate $298:08 $250.00 3.05.040 B) Monthly Ambulance Service Fees: 1) Family Residential Ambulance Utility Fee 565 $7_75 3.05.025 2) Multi - Family Residential Ambulance $66.25 $7_75 3.05.025 Utility Fee 3) Commercial/Business Ambulance Utility $6.25 $7_75 3.05.025 Fee 4) Industrial Ambulance Utility Fee $6:25 $7_75 3.05.025 Section 2. PMC Section 3.07.160, subsections A), B), C) and D) are amended to read as follows: 3.07.160 WATER USER FEES: A) Inside City: 1) Consumption — per 100 cubic foot (effective 2/1/14 Consumption —per 100 cubic foot (effective 1/1/15 2) Bulk — per 1000 gallons Fee/Charge Reference &0-." $0_68 13.20.050 $0.70 $8.9 $1_15 13.20.070 a C) D) Residential — single family base fees: Fee /Charge 1) 3/4 and 5/8 inch — per month $1 2.50 $16.25 13.20.020 2) 1 inch —per month $1974 $24.35 13.20.020 3) Outside City; effective 11/1/2002 90% surcharge 13.20.080 Sr. Citizen/Low Income: 4) 3/4 and 5/8 inch — per month $4.17 $5.40 ,, ! 9.4g 5) 1 inch —per month $6�5 $8_15 13.200.150 43 10 040 6) Outside City; effective 11/1/2002 90% surcharge 13.200.150 13.20.080 Commercial — Multi - family, irrigation, commercial base fees: 1) 3/4 —per month $1-7.61 $22.90 13.20.030 2) 1 inch —per month KIS 4-q $33.05 13.20.030 3) 1 1/2 inch — per month $49.61 $64.50 13.20.030 4) 2 inch — per month $79.59 $103.45 13.20.030 5) 3 inch —per month $108.69 $141.30 13.20.030 6) 4 inch — per month $136 60 $203.60 13.20.030 7) 6 inch — per month $244146 $317.80 13.20.030 8) 8 inch — per month e'er $440.40 13.20.030 9) Outside City; effective 11/1/2002 90% surcharge 13.20.080 Fire Hydrants: Fee /Charge Reference 1) Meter Rental: a) Refundable Deposit Not to exceed 110% 13.20.070 of Cost, as determined by the Finance Manager b) Non - refundable Removal Fee $25.00 $30.00 13.20.070 c) Monthly Base Rental Fee $4715 $62.00 d) Late Payment and Not Returning $50.00 Meter after 48 Hrs. (per day) 2) Hydrant Rental — outside corporate $13-A0 $20.00 13.20.060 limits, per year Section 3. PMC Section 3.07.190 is amended to read as follows: 3.07.190 STORMWATER UTILITY: Monthly Charges A) Residential Fee /Charge Reference 1) Single - Family Residential (unit) $3.90 $4_40 13.60.070 2) Multi- Family Residential (per unit) s i .95 $2_20 13.60.070 3) Apartments (per unit) $-1-95 $2_20 13.60.070 4) Undeveloped parcel (per mo) $0.00 13.60.070 5) Vacant building (per mo) $3.90 $5_52 13.60.070 B) Industrial/Commercial: Fee /Charge Reference 1) Parking for 0 to 5 vehicles (per mo) $3,90 $4_40 13.60.070 2) Parking for 6 to 10 vehicles (per mo) $-7-.8A $4_40 13.60.070 3) Parking for 11 to 15 vehicles (per mo) $15.60 $17.60 13.60.070 4) Parking for 16 plus vehicles (per mo) $ i� $22.00 13.60.070 This ordinance shall be in full force and effect on and after February 1, 2014 after passage and publication, as provided by law. PASSED by the City Council of the City of Pasco at a regular meeting the 21 st day of January 2014. Matt Watkins, Mayor ATTEST: Debra L. Clark, City Clerk APPROVED AS TO FORM: Leland B. Kerr, City Attorney Comparative Monthly Utility Rates for 2014 * Inlcudes multifamily units 1/2/201411:23 AM \ \nu \Finance \A FINANCE MANAGER \UTILITY RATE MODEL- DM \Utilities \2013 Rate Changes \Comparative City Rates 9.30.13.xlsx WATER Single Family Number of Connections 9.30.13 Monthly Charge (1,000 /CF) City Residential Commercial Inside City City of Kennewick 20,582 2,417 $21.62 City of Richland 15,733 2,103 $34.50 City of Pasco 15,761 2,011 $23.05 City of Walla Walla 9,417 1,126 $43.60 City of Moses Lake 6,839 1,383 $22.00 * Inlcudes multifamily units 1/2/201411:23 AM \ \nu \Finance \A FINANCE MANAGER \UTILITY RATE MODEL- DM \Utilities \2013 Rate Changes \Comparative City Rates 9.30.13.xlsx SEWER Single Family Number of Connections 9.30.13 Monthly Charge (1,000 /CF) City Residential Commercial Inside City City of Kennewick 16,428 1,666 $20.90 City of Richland 16,618 1,107 $25.60 City of Pasco 13,951 1,480 $24.80 City of Walla Walla 9,469 929 $52.10 City of Moses Lake 6,817 920 $32.15 STORMWATER Number of Accounts 9.30.13 Single Family Residential Commercial Monthly City of Kennewick 19,375 1,845 $2.71 City of Richland 17,179 981 $3,85 City of Pasco 15,303 1,388 $4,90 City of Walla Walla $6.90 City of Moses Lake 5,797 827 $5.20 AMBULANCE Single Family Number of Units 9.30.13 * Monthly City of Kennewick 21,220 $5.67 City of Richland 16,175 $7.18 City of Pasco 21,798 $7.75 City of Walla Walla EMS Levy City of Moses Lake 9,183 $8,25 * Inlcudes multifamily units 1/2/201411:23 AM \ \nu \Finance \A FINANCE MANAGER \UTILITY RATE MODEL- DM \Utilities \2013 Rate Changes \Comparative City Rates 9.30.13.xlsx a N W U (D O O A a � n U N O O U) N a N O !� o J O N Q a Z W N V Z O N Q a` J MQ 9 W � � Q O N Z a` D U. 0 � M Z 07 Q d N W � , U N Q J_ l0 �- 7 � UN W a r D1 l0 O O N M N O M (0 (0 Clt r C6 rl: M � V O N (O CO W M V rn r m O M r a M N 0 O N M ro 0 ON M (M N M U LO v � rn r W O m N co OD N 7 lO N OD N O "' N (O r (0 (O r v_ N 0 0 LO LO m t- M It o co °i r n rn ao u> v n N W N f0 M D1 N vi W d) M W W O � of co ` a 0 N ^ r °v_ N N N V (�i n o o ao co N C4 n n co N aD W O oc W O r N U) CO (D v M N CO N V cMO W co N r (O N o N M O 01 r.Z , ' CO b O M N r m v (n a 7 r (o,v�r O CO O M m N N M ' N c ? m M N N n v V N r c0 O 0 r r M a0 N N (0 O (O M aD cD L6 (O W N bo V co O V (O r v V m 2 a 2 c a c a E E Z y v W up ; N d 4 0 Q 2 e a w y.0 p a y U o a> C C o LL N N CL X o �0 O 2 Q Z O O N Vi U a d a a @ N OOOinviw U O W NO °� N N M � N V m 10 n C (MO O1 O r, O 10 N OD OD N O V M M O m N N r o m M O m rn O O N rn o° � (D V N 0) M M M r (00 N 00 s{ La M 0 0 o �� w o °' m d 1- v .N.. 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M Z w� Z AGENDA REPORT FOR: City Council f I January 8, 2014 TO: Gary Crutchfield, [Manager Workshop Mtg.: 1/13/14 FROM: Robert W. SUBJECT: Fire Safety Inspections in Commercial Facilities I. REFERENCE(S): Memo from Rick White, Community & Economic Development Director re: Inspection Program H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 1/13: Discussion III. FISCAL IMPACT: Estimated expense at $66,000; estimated fee revenue at $40,000 IV. HISTORY AND FACTS BRIEF: A) Each city in the state is rated periodically by the Washington Survey and Rating Bureau (an industry - sponsored entity) so that insurers have some way to judge the relative risk of loss from city to city. Those cities with excellent water storage and distribution systems coupled with extensive fire staffing and disbursement profiles are classified in a lower range (as 2 or 3), while those with more common profiles are rated in the class 4 to 7 range. The lower the rating number, the lower the fire insurance premium required for property owners within the respective city. Pasco has been rated as a class 5 city for at least 30 years. V. DISCUSSION: A) Preparing the city and the fire department for the next rating (expected in 2015 or 2016) has been a long -term goal. A rating of the city involves five different areas; water supply, fire department, communications, fire safety control and "additional deficiencies" (used when one of the first four is significantly better than the others). B) The City of Pasco has not had a formal fire safety inspection program since 1987. During this time the city has experienced rapid commercial and industrial development. In the last rating by the Washington Survey and Rating Bureau (2007) the city did not rate well in fire safety control. C) While improving the rating would result in lower insurance premiums, the city must also be concerned with maintaining the current rating. The continued growth since the 2007 raring could cause additional deficiency points and a re- classification. Staff has initiated actions in water supply and the fire department intending to reduce deficiencies. The proposed regionalization of the communications system will improve the communications deficiencies. The efforts already initiated (smoke detectors, juvenile fire setting intervention, school fire safety education and training some of our personnel as "public fire educators'), and are proposing (fire safety inspections), should reduce deficiencies in the area of fire safety control. 4(d) D) While fire safety inspections may not always prevent fires, several noteworthy commercial fires in the last few years have identified issues that may have been resolved by a fire safety inspection program prior to the fire occurrences. One such issue was the failure of stairwell door closures resulting in multiple ladder rescues from a building. E) As outlined in reference #1, the proposed inspection fee should offset the cost of a contract building inspector during peak building activity. The proposed workload of 875 fire inspections per year is within the national recommended maximum of 1000 inspections per year per inspector. Assuming an inspection fee of $50, the inspection program would generate approximately $40,000. F) The Washington Survey and Raring Bureau and local commercial insurance vendors estimate that changes up or down from our current class 5 would result in an increase or decrease in the overall insurance premium between 5% and 10% depending on occupancy type, building construction, loss history and occupancy risk. G) Using an actual example building in the City of Pasco (frame construction built in 1970, with a value of $1,000,000 and contents valued at $100,000) going from a class 5 to a class 4 would reduce the premium $251. Going from a class 5 to a class 6 would increase the premium at least that amount, and possibly more, depending on the insurer. H) Staff recommends Council favorably consider instituting a mandatory fire safety inspection program for hazardous (commercial) occupancies. While doing so will not guarantee an improved (lower) rating, it will very likely ensure that the rating is not downgraded (to 6). MEMORANDUM DATE: November 12, 2013 TO: Gary Crutchfield, City Manager FROM: Rick White, Director Community & Economic Development SUBJECT: Fire Safety Inspections To determine possibilities for a Fire Safety Inspection Program, the number of active City business licenses was inventoried. This resulted in a determination of 1,500 various types of commercial business licenses. These business licenses were broken down into the following categories: • Low Hazard Licenses (559) such as retail stores, beauty salons, business offices or small groceries without food preparation or fuel services... • Moderate- Hazard Licenses (730) such as restaurants, contractors with construction equipment and/or storage, used tire businesses, larger retail stores and dance halls or nightclubs... • High -Hazard Licenses (130) such as food processing and warehousing, automotive repair or body shops, welding, painting, roofing companies, materials storage, auto wrecking... • Others (49) such as schools, day cares, motels... The Fire Safety Inspection Program is proposed to include a yearly inspection of all high hazard occupancies and a biennial inspection for all moderate hazard occupancies. For planning purposes, it's assumed that apartments and multi- family units will be inspected through the existing Rental Inspection Program with revisions to the existing inspection checklist. These revisions would include inspections of fire extinguishers, door closures, automatic lighting and other fire related safety provisions. It is also assumed in order to accomplish fire safety inspections during the Rental Inspection Program, the Code Enforcement Officers will need to acquire additional training but not necessarily need to be certified as Fire Safety Inspectors. Based on the above, this results in an additional inspection workload of approximately 875 fire safety inspections per year. This figure assumes that there will be 500 initial fire safety inspections and that three fourths (375) will require follow -up inspections. At 875 additional total inspections per year, this is an estimated increased inspection workload of greater than 1,000 man hours per year plus an estimated 200 man hours for administration. This is proposed to be accommodated by use of an existing City building inspector for the Fire Safety Inspection Program. This of course, will leave a service gap with the existing construction inspection workload that is proposed to be made up by the use of a contract building inspector. This division of duties will enable the Fire Safety Program to be initiated in- house. It is more efficient for the City's construction inspection services to be conducted by a contract building inspector. Any downtime in the construction inspection demand can be accommodated by deferring use of the contract inspector. Any downtime in the Fire Safety Program can be accommodated by using the existing building inspector for construction inspections. AGENDA REPORT FOR: City Council n January 7, 2014 TO: Gary Crutchfie i anager Workshop Mtg.: 1/13/14 Regular Mtg.: 1/21/14 FROM: Rick White, I Community & Economic Development Director/ v SUBJECT: Easement Agreement with Department of Natural Resources (RD 68) (MF# ESMT 2014 -001) I. REFERENCE(S): 1. Vicinity Map 2. Easement Agreement II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 1/13: DISCUSSION 1/21: MOTION: I move to approve the Agreement with the Department of Natural Resources for a public roadway easement for Chapel Hill Boulevard east of Road 68, and further, authorize the City Manager to sign the Agreement. 1II. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A. Recent property improvements at the southeast corner of RD 68 and Chapel Hill Boulevard this past year has resulted in the City and DNR reviewing the agreements for public roadway use. B. A small section of existing Chapel Hill Boulevard on DNR property east of RD 68 remains outside any formalized agreement for use as a roadway. C. DNR is precluded from selling lands within their Trust Portfolio without legislative action. DNR has agreed to provide the City with a perpetual easement for use of a portion of their property as a public roadway as outlined in Reference #2. D. There is no financial consideration for use of this property as a public roadway. The fee consideration will be the City's conformance with the terms of the agreement with DNR. DISCUSSION: A. The easement agreement is necessary to memorialize the use of the DNR property for a public roadway. B. Once the agreement is fully executed the City will have assurances that use of the property for a public roadway is allowed. C. Staff recommends approval of the agreement. 4(e) -0- O 4..1 I� O �1 VJ a Uw •ICI I Y� a i 0 kn ui t,, a tlM W x �. ,. 4. X R b Q i r w F LU When recorded return to: Department of Natural Resources Southeast Region Attn: Matt Fromherz 713 East Bowers Road Ellensburg, Washington 98926 -9301 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES PETER GOLDMAW Commissioner of Public Lands ROAD EASEMENT Grantor(s): State of Washington Grantee(s): City of Pasco Legal Description: SE' /a S16 T9N R29E Assessor's Property Tax Parcel: 117510016 Cross Reference: AFN 1800469 DNR Easement No. 50- 090771 This Easement is between CITY OF PASCO, a political subdivision of the State of Washington herein called "Grantee" and the STATE OF WASHINGTON, acting by and through the Department of Natural Resources, herein called "State" dated as of "Effective Date ". Conveyance. State for and in consideration of the terms and conditions specified herein, hereby grants and conveys to the Grantee a non - exclusive easement in gross for the sole purpose of construction, operation, use, and maintenance of a public road over and across portions of the Southeast Quarter of Section 16, Township 9 North, Range 29 East more specifically described on that Record of Survey, recorded in Franklin County, Washington on February 27, 2004 under Auditor File Number 1640675 and by this reference made a part hereof (hereinafter Easement Area). Consideration. The consideration by Grantee to State is the performance by Grantee of the terms and conditions specified herein. Relinquishment. In additional consideration Grantee hereby relinquishes and quitclaims all rights and interest in and to that easement dated November 5, 1982 between Franklin County, 1 of 14 Easement No. 50- 090771 predecessor in interest to Grantee, as Grantee, and State filed in the Office of the Commissioner of Public Lands in Olympia, Washington under File No. 50- CR3182, attached as Exhibit A. Term. The term of this Easement shall be perpetual unless vacated as provided by law. Assignment. Neither this Easement, nor any of the rights granted herein, shall be assigned without prior written consent of State. Compliance with Laws. Grantee shall, at its own expense, conform to all applicable laws, regulations, permits, or requirements of any public authority affecting the Easement Area and the use thereof. Upon request, Grantee shall supply State with copies of permits or orders. Indemnity. Grantee shall indemnify, defend with counsel acceptable to State, and hold harmless State, its employees, officers, and agents from any and all liability, damages, expenses, causes of action, suits, claims, costs, fees (including attorney's fees), penalties, or judgments, of any nature whatsoever, arising out of the use, occupation, or control of the Easement Area by Grantee, its contractors, subcontractors, invitees, agents, employees, licensees, or permittees, including but not limited to the use, storage, generation, processing, transportation, handling, disposal, release, or threatened release of any hazardous substance or materials. To the extent that RCW 4.24.115 applies, Grantee shall not be required to indemnify State from State's sole or concurrent negligence. This indemnification shall survive the expiration or termination of the Easement. Grantee waives its immunity under Title 51 RCW to the extent required to indemnify State. Insurance. Before using any of said rights granted herein and at its own expense, the Grantee shall obtain and keep in force during the term of this Easement and require its contractors, sub - contractors, or other permittees to obtain while operating on the Easement Area, the following liability insurance policies, insuring Grantee against liability arising out of its operations., including use of vehicles. Failure to buy and maintain the required insurance may result in the termination of the Easement at State's option. The limits of insurance, which may be increased by State, as deemed necessary, shall not be less than as follows: (a) Commercial General Liability (CGL) insurance with a limit of not less than $1,000,000 per each occurrence. If such CGL insurance contains aggregate limits, the general aggregate limits shall be at least twice the "each occurrence" limit, and the products - completed operations aggregate limit shall be at least twice the "each occurrence" limit. (b) Employer's liability ( "Stop Gap") insurance, and if necessary, commercial umbrella liability insurance with limits not less than $1,000,000 each accident for bodily injury by accident or $1,000,000 each employee for bodily injury by 2 of 14 Easement No. 50- 090771 disease. (c) Business Auto Policy (BAP) insurance, and if necessary, commercial umbrella liability insurance with a limit of not less than $1,000,000 per accident, with such insurance covering liability arising out of "Any Auto ". Business auto coverage shall be written on ISO form CA 00 01, or substitute liability form providing equivalent coverage. If necessary the policy shall be endorsed to provide contractual liability coverage and cover a "covered pollution cost or expense" as provided in the 1990 or later versions of CA 00 01. Grantee waives all rights against State for the recovery of damages to the extent they are covered by business auto liability or commercial umbrella liability insurance. (d) Grantee shall comply with all State of Washington workers' compensation statutes and regulations. Workers' compensation coverage shall be provided for all employees of Grantee and employees of any contractors, sub - contractors or other permittees. Except as prohibited by law, Grantee(s) waives all rights of subrogation against State for recovery of damages to the extent they are covered by workers compensation, employer's liability, commercial general liability or commercial umbrella liability insurance. All insurance must be purchased on an occurrence basis and should be issued by companies admitted to do business within the State of Washington and have a rating of A- or better in the most recently published edition of Best's Reports. Any exception shall be reviewed and approved in advance by the Risk Manager for the Department of Natural Resources. If an insurer is not admitted, all insurance polices and procedures for issuing the insurance policies must comply with Chapter 48.15 RCW and Chapter 284 -15 WAC. The State of Washington, Department of Natural Resources, its elected and appointed officials, agents and employees shall be named as an additional insured on all general liability, excess, and umbrella insurance policies. Before using any said rights granted herein, Grantee shall furnish State with a certificate(s) of insurance, executed by a duly authorized representative of each insurer, showing compliance with the insurance requirements specified above. Certificate(s) must reference State's easement number. State shall be provided written notice before cancellation or non - renewal of any insurance referred to herein, as prescribed in statute (Chapter 48.18 RCW or Chapter 48.15 RCW). Grantee shall include all contractors, sub - contractors and other permittees as insureds under all required insurance policies, or shall furnish separate certificates of insurance and endorsements for each. Contractors, sub - contractors and other permittees must comply with all insurance requirements stated herein. Failure of contractors, sub- contractors and other 3 of 14 Easement No. 50- 090771 permittees to comply with insurance requirements does not limit Grantee's liability or responsibility. All insurance provided in compliance with this Easement shall be primary as to any other insurance or self - insurance programs afforded to or maintained by State. Grantee waives all rights against State for recovery of damages to the extent these damages are covered by general liability or umbrella insurance maintained pursuant to this Easement. By requiring insurance herein, State does not represent that coverage and limits will be adequate to protect Grantee, and such coverage and limits shall not limit Grantee's liability under the indemnities and reimbursements granted to State in this Easement. If Grantee is self - insured, evidence of its status as a self - insured entity shall be provided to State. If requested by State, Grantee must describe its financial condition and the self - insured funding mechanism. Waste. Grantee shall not cause nor permit any filling activity to occur in or on the Easement Area, except by prior written approval of State. Grantee shall not deposit refuse, garbage, or other waste matter not in use, store, generate, process, transport, handle, release, or dispose of any hazardous substance, or other pollutants in or on the Easement Areas except in accordance with all applicable laws. The term hazardous substance means any substance or material as those terms are now or are hereafter defined or regulated under any federal, state, or local law in including but no limited to the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA 42 USC et seq.), or the Washington Model Toxic Control Act (MTCA RCW 70.105D.010.). Grantee shall immediately notify State if the Grantee becomes aware of any release or threatened release of hazardous substance on the Easement Area or adjoining the Easement Area. If the release of hazardous substance occurs in, on, under, or above the Easement Area arising out of any action of the Grantee, its contractors, subcontractors, invitees, agents, employees, licenses, or permittees, the Grantee shall, at its sole expense, promptly take all actions necessary or advisable to clean up, contain, and remove the hazardous substance in accordance with applicable laws. Any cleanup shall be performed in a manner approved in advance in writing by State, except in emergency situations Grantee may take reasonable and appropriate actions without advance approval. Survey Markers. Grantee shall not destroy any land survey corner monuments and /or reference points (including but not limited to comer markers, witness objects, or line markers) without prior written approval from State, which shall not be unreasonably withheld. 4 of 14 Easement No. 50- 090771 Monuments or reference points that must necessarily be disturbed or destroyed during road construction or maintenance activities must be adequately referenced and replaced, at the Grantee's cost, under the direction of a State of Washington Professional Land Surveyor, in accordance with all applicable laws of the State of Washington in force at the time of construction, including but not limited to RCW 58.24, and all Department of Natural Resources regulations pertaining to preservation of such monuments and reference points. Construction/Reconstruction. Sixty (60) days prior to any construction or reconstruction by Grantee on the Easement Area, Grantee shall submit a written plan of construction to State outlining the construction or activity for State's approval, which shall not be unreasonably withheld. In the event of an emergency requiring immediate action to protect person or property, Grantee may take reasonable corrective action without prior notice to State. All construction or reconstruction shall comply with applicable state or local laws. Maintenance, Repair, and Improvements. Grantee shall have sole responsibility for the maintenance, repair and improvement of the road to applicable road standards. Weed Control/Pesticides. The Grantee shall control at its own cost, all noxious weeds on any portion of the Easement Area herein granted. Such weed control shall comply with county noxious weed control board rules and regulations established under the Uniform Noxious Weed Control Statute (Chapter 17.10 RCW). The Grantee shall be responsible for, or shall immediately reimburse State any weed control cost incurred as a result of the Grantee's failure to control weeds on the Easement Area. The aerial application of pesticides is not permitted. Notice. Any notices or submittals required or permitted under this Easement may be delivered personally, sent by facsimile machine or mailed first class, return receipt requested, to the following addresses or to such other place as the parties hereafter direct. Notice will be deemed given upon delivery, confirmation of facsimile, or three days after being mailed, whichever is applicable. To State: DEPARTMENT OF NATURAL RESOURCES Atm. Rodney Rennie, Product Sales and Leasing Division 1111 Washington Street SE PO Box 47016 Olympia WA 98504 -7016 5 of 14 Easement No. 50- 090771 To Grantee: City of Pasco Attn: City Manager 525 North Third Avenue Pasco, Washington, 99301 Recording. Grantee shall record this Easement in the county in which the Easement Property is located, at Grantee's sole expense. Grantee shall provide State with a copy of the recorded Easement. Grantee shall have thirty (30) days from the date of delivery of the final executed agreement to comply with the requirements of this section. If Grantee fails to record this Easement, State may record it and Grantee shall pay the costs of recording, including interest, upon State's demand. Abandonment. In the event any portion of the road is abandoned, the Grantee shall take the necessary legal action to vacate such portions and shall immediately restore the land within all vacated portions to natural conditions as may be directed by State. In restoring the land, all asphalt shall be removed from the vacated portion; the asphalt shall not be deposited on the adjacent State land. In addition, the land surface shall be scarified to blend with the adjoining landscape. Noncompliance. State shall notify the Grantee of any instance of noncompliance by the Grantee, its contractors, subcontractors, invitees, agents, employees, licensees, or permittees with any of the terms and conditions hereof. Such notice will specifically identify the manner of noncompliance herewith. In the event the Grantee does not undertake, or cause to be undertaken, remedial action within forty five (45) days following receipt of said notice, State, acting by and through its Region Manager at Ellensburg, Washington, may suspend the Grantee's operations until such time as effective remedial action is taken. Construction. The terms of this Easement shall be given their ordinary meaning unless defined herein and shall not be presumed construed against the drafter. Effective Date. The Effective Date of this Easement shall be the date on which the last party executes this Easement. The Effective Date will be inserted on the first page of the Easement when such date is determined. Exhibits. All exhibits referenced in this Easement are incorporated as part of the Easement. Headings. The headings in this Easement are for convenience only and are not intended to, and shall not be construed to, limit, enlarge, or affect the scope or intent of this Easement nor the meaning of any of its provisions. 6 of 14 Easement No. 50- 090771 Modification. Any modification of the Easement must be in writing and signed by the parties. State shall not be bound by any oral representations or statements. Non - waiver. The waiver by State of any breach or the failure of State to require strict compliance with any term herein shall not be deemed a waiver of any subsequent breach. Severability. If any provision of this Easement shall be held invalid, it shall not affect the validity of any other provision herein. 7 of 14 Easement No. 50- 090771 IN WITNESS WHEREOF, the parties hereto have executed this instrument, in duplicate, as of the day and year first above written. CITY MANAGER CITY OF PASCO WASHINGTON Dated: 20_. By: GARY CRUTCHFIELD 525 North Third Avenue Pasco, Washington, 99301 (509) 545 -3404 STATE OF WASHINGTON DEPARTMENT OF NATURAL RESOURCES Dated: 20_. By: PETER GOLDNL RK Commissioner of Public Lands P.O. Box 7000 1111 Washington Street SE Olympia WA 98504 -7000 Affix the Seal of the Commissioner of Public Lands Approved as to form October 18, 2002 by Mike Rollinger Assistant Attorney General for the State of Washington 8 of 14 Easement No. 50- 090771 REPRESENTATIVE ACKNOWLEDGMENT State of Washington County of I certify that I know or have satisfactory evidence that is the individual who appeared before me, and said individual acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the City Manager of Pasco Washington to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: (Signature) (Seal or stamp) (Print Name) Notary Public in and for the State of Washington, residing at My appointment expires 9 of 14 Easement No. 50- 090771 STATE ACKNOWLEDGMENT State of Washington County of Thurston I certify that I know or have satisfactory evidence that PETER GOLDMARK is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Commissioner of Public Lands, and administrator of the Department of Natural Resources of the State of Washington to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated: (Seal or stamp) (Signature) (Print Name) Notary Public in and for the State of Washington, residing at My appointment expires 10 of 14 Easement No. 50- 090771 Exhibit A: Easement 50- CR3182 0 0 STATB UP GAaNnSlvGN DRPhUMUT or NATURAL ANSGUSCAB BRIAN 1. BGYLA, C.I.eloner of Public Lsnp F.acenent No. CO-3182 '� THIS FATEMLN'I, mode and entered into this 5 -An} of � 19 Y .ad between FRANKLIN MUM, herein called thaw G ntm#, act the RTA F0F ASRINGTORp acting by and through the Department of Natural Resources, bereln called the `Stara," WITM:M". The State for and in consideration of the term and conditions specified berates hereby ".or. and convey. In the Grantee, An .0emsnt fns A right of way for the sole purpose of construction, operation, use, end meI.tonnc. of a road at and ear.. a location so .Man . Plat No. Cg -9182 filed i. the office of the Coamlealoaer a Public Land. at Dlyapia. Washington, a reduction of which Is attached as Pshlbit A, Indicating said right of way in red, ead by this reference wade a part hereof, .11 In Franklin Couity, Washington. Presided, the Grantee nay permit the Snatelletion of utilities specifically pertaining to electroole transda.i. line., telephone line., or pipelines but for no other purposes. This easement granted herein 1a subject to the following tone, eunditlons, and provfsione. Subject, hoverer, = as maewnt for right of .y for a State highway by a transfer of jurisdiction granted to the State ot Washington, Dspetteent of Transportation on Surrender 23, 1982, under Application No, 59-1194. Subject, however, to an eseement for right of way for a gas pipeli. granted to Northwest Pipeline on Nay 7, 1956, under Application No. 242", (! .fdeeation The consideration paid by the Grantee to the State is As follow, N.et The benefit. accnting to the State £rm the granting the public =cave rights affect the ft." Anne to the land by the Gana grant. Dump. sad Protection from Dames Grantee, when usiog the right. granted herein, shall repair or, cause to be repaired at its sole cwt and eapense, all damge to improvements an State leads occasioned by it, which fe in area$ of that which It would cause through normal and Modest we of said right.. Uurina "start.. order this emaent, Including the construction of roads and landings, the Grantee shall take such pieoautions ea nsws.ary to minimize Insofar AS peaeible, nail erosion and damage to the sell. equipwat will not he operated when ground conditions are such that sac ... I. &.ge will result. All roll surfaces w the right of my, temporary road.. and skid trails which are dwoid of natural cover as a result of the operations barwnder, shall he reseeded to a Stan serrate recomended by the local office of the County Extension Agent. All legal land eubdlafNon acruey cowers and witness objects are to be preserved. If snob are destroyed or disturbed, the Grantee shall re-establish thus by a registered professional =planer or licensed land surveyor in accordanu with D. S. General Land Office standard. at his own expense. Cowen ad/or witness objects that oust necessarily be disturbed or destroyed I. protean of construction oust be adequately refere=ed and/or replaced in accordance with all applicable laws of the State of Washington in force at the tlm of construction, reconstruction, or develop.nt of the right of My including but not limited to chapter 58.24 RLW, And all Departeent a Natural Souources rules and regulation. pertaining to preservation of such corners sailor witness objects. Such refere =es wet be approved by the State Prior to rezovel of said corners and/or witness object.. 11 of 14 Easement No. 50- 090771 u, M The Grantee shall prevent the establishment of weed■ N epos, and the to cultivated n£ weds from, any portion of the right of wpp heroin granted s which we is control bC to cultivated SCa1R�' loge and Abell further comply with the county noxious wed ran[rol board nwlea and regulations established under the 0oiform Norton Wad Control Statute (Chapter 113, Lava - of 1969 Ex. Seas.). Payment of wed central coats will be the Grantee's responsibility. In the event the county noxious weed control board directs the Grantee to control weeds or the Grantee elects to kill or control the growt1c of weds and /or brush by chemical treatment within or in proximity to Said right of way, he shall use only those chemical agents, the container label* of which have been registered with the Washington State Department of Agriculture. Such use must be in accordance with the labeled directions and approved of jointly NY the Washington State Department of Agriculture and the County rManaion Agent before commencement of any central program. Preoperating Requirement The Grantee's operations specified herein shall be conducted in accordance with the provisions of the State approved Plan of Dparation in force at the time of construction, reconstruction, or development of the right of say. Provided, however, thirty (30) days prior to commencement of Said operatiou,, the Grantee Shall Submit to the Area Manager at Elleaaburg, Washington, for written approval, e eampbcte ad detailed Plan Of Operation for the development of the eight of may. The Grantee shall provide for the examination of the right of way, with the State's Area Manager, before any construction, reconstruction, or development is reassured. Restoration It is understood and agreed that in the event any portion of the road described heroin to abandoned, the Grantee shall take the necessary legal action to vacate such portions and Abell immediately, motors the land within all abandoned Vortices to a natural condition as say be directed by the State, on those portions designated for restoration, all asphalt shall be removed from the abandoned right of way and shall not be deposited an the adjacent State land; in addition, the land aurfare. Shall he ararifted to blend with the adjoining landscape. Notice of Noncompliance The State shall notify the Grantee by United States mail, addressed to the address Shown on the application for this eseement on file with the State in Olympia, Washington., of any Instance of noncompliance by the Grantee, its employees, permltteae. contractors or subcontractors with any of the terse and conditions hereof. Such notice will specifically Identify the canner of noncompliance herewith. In the event the Grantee does not undertake, or cause to be undertaken, remedial action within fifteen (15) day, following receipt of said entice, the State. "tjug by and through Its Arse Manager at Ellensburg, Washington, may auspend the Grantee's operations until such time as effective remedial action is taken. App. No. CR -3182 -2- 1771 in IN day WTTN9SS and year WHEREOF, fir the part cea hereto have exeeuted this Srmtrumenc, in duplicate, Of the dap and year first shove written. N m STATE OF WASHINGTON r• DEPARTMENT OF NATURAL RESOURCES an" J. SO Cmmis.ioner To Ile Lands APP• No. CR -3182 0141109 . w �..�.: F•a.� y,�iZOii� m BOARD OF COUNTY COMMISSIONERS FRANKLIN COUNTY Courthouse 1016 North 4th Pasco. WA 99301 -3- ,� -Cher a Commissioner Commissioner 1771 4 to N N 4r M PLAT OF RIGHT OF WAY FOR STATE BOOTH Na J02 _..� wnnn ygmTER- S- u.ANRF MIGINITY _. TO 3R 3?S INTERdIpNOE VICI M�Ty M R1menW qR.R CR u82 &TATE OF WASIMINTON CR 9182 M..i �,.R_...R. R- �-- I•,— .•..M --. —thy 4_Y.L._..r 9 uww 6 °...w CR 3182 — z �. � - ..M1S.AW._ .wywnry.r,�rrws�lr Y.wu.. n.....n •.i.. •+e..rq.. . rwwr uuw .M... w r r.w r YV.+iW r.a.rrw 1771 FXHIRIT is 'r w I_______________oW 9 uww 6 °...w CR 3182 — z �. � - ..M1S.AW._ .wywnry.r,�rrws�lr Y.wu.. n.....n •.i.. •+e..rq.. . rwwr uuw .M... w r r.w r YV.+iW r.a.rrw 1771 FXHIRIT is AGENDA REPORT FOR: City Council . i January 7, 2014 TO: Gary Crutchfie Manager Workshop Mtg.: 1/13/14 Rick White, r Regular Mtg.: 1/21/14 Community & 4conomic Development Director// `v``I FROM: Angela R. Pitman, Block Grant Administrator �(/ SUBJECT: Amendment No. 2 of HOME Consortium Agreement for Kennewick, Pasco and Richland for Program Years 2011 -2013 (AGRMT2013 -006) I. REFERENCE(S): A. Proposed Resolution B. Amendment No. 2 to Cooperative Agreement of the Tri- Cities HOME Consortium IL ACTION REQUESTED OF COUNCIL / STAFF 1/13: DISCUSSION 1/21: MOTION: I move to approve Resolution No. approving Amendment No. 2 to the HOME Cooperative Agreement between the Cities of Pasco, Kennewick and Richland for Program Years 2011 -2013. III. FISCAL IMPACT: Pasco's share of federal HOME funds in 2013 is $145,256, approximately $435,000 will be available over the next three years. IV. HISTORY AND FACTS BRIEF: V. 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. B. In June 2013, Amendment #1 was approved to incorporate an automatic renewal clause into the HOME consortium agreement. The renewal clause requires the City of Richland as lead representative for the consortium to notify participating jurisdictions of their opportunity to not participate in each subsequent three -year period. C. In June 2013, with aforementioned revisions to the agreement, Richland expressed their willingness to continue as lead representative to the consortium, and the agreement was renewed for the next three -year period (2014- 2016). A. In December 2013, the City of Richland executed the grant agreement to receive 2013 funds on contingent upon all three member cities agreement to reduce the administrative burden and refrain from conducting activities other than down payment assistance. B. Amendment 2 to the Cooperative Agreement revises Section 4 to define annual activities to be performed by the member cities under this agreement as follows: 10% Administration, 15% Community Housing Development Organization (CHDO), and 75% to down payment assistance and/or qualified CHDO project. No funds will be allocated for rehabilitation or new construction projects. C. HUD regulations and interpretations have evolved over the past several years. The HOME Final Rule was revised in 2012, and again in 2013, increasing administrative responsibility at the same time shortening deadlines for compliance and reducing funding. The HOME Consortium is reluctant to use HOME funds to engage in construction rehabilitation and infill activities with the increased risk for non - compliance. 4(f) RESOLUTION NO. A RESOLUTION APPROVING AMENDMENT NO. 2 TO THE HOME COOPERATIVE AGREEMENT FOR TRI- CITIES HOME CONSORTIUM OF KENNEWICK, PASCO, AND RICHLAND UNDER THE NATIONAL AFFORDABLE HOUSING ACT 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, the members of the Consortium desire to limit activities performed under the HOME Consortium Cooperative agreement as follows: 10% Administration, 15% Community Housing Development Organization (CHDO), 75% Down Payment Assistance and/or qualified CHDO project; NOW THEREORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the City Council approves Amendment No. 2 to the HOME Consortium Cooperative Agreement with the Cities of Kennewick and Richland and authorizes the City Manager to sign the agreement. BE IT FURTHER RESOLVED that this Resolution shall take effect immediately. PASSED by the City Council of the City of Pasco this day of January, 2014. Matt Watkins Mayor ATTEST: Debra L. Clark City Clerk 02 ;ZS]P X11 RWi116710T:i ii Leland B. Kerr City Attorney After recording please return to: City of Richland, Housing and Redevelopment Attn: Michelle Burden P.O. Box 190 MS 19 Richland, WA 99352 AMENDMENT #2 TO COOPERATIVE AGREEMENT THE TRI- CITIES HOME CONSORTIUM FORMED UNDER THE NATIONAL AFFORDABLE HOUSING ACT PROGRAM YEAR 2005 -2007 AS EXTENDED 2011 -2013 This Agreement is entered into between the Cities of Kennewick, Pasco, and Richland, municipal corporations of the State of Washington (Members), for the purpose of amending the Cooperative Agreement of the Tri- Cities HOME Consortium originally formed in 1996 under the HOME Investments Partnership (HOME) Program. This Agreement will become effective upon adoption of the parties and approval by the U.S. Department of Housing and Urban Development (HUD). The following sections are hereby amended as follows: SECTION 4: PROGRAM ADMINISTRATION e. HOME funds will be allocated between the Members according to the percentage each receives under the Community Development Block Grant Program for the preceding Program Year. Members may choose to collaborate in funding projects or activities or may choose to pursue projects independently as current housing needs change and opportunities arise. For Program Year 2013, Consortium Members agree to define the allocation of 2013 Program Year Funds as follows: 10% Administration, 15% Community Housing Development Organization (CHDO), and 75% Downpayment Assistance and /or qualified CHDO Project(s). No funds will be allocated to Housing Rehab ilitation /INFILL projects. 2. Consortium Members shall actively participate as required by the Lead Entity in all processes necessary to amend the 2013 Annual Action Plan filed with HUD to reflect the allocation identified in Section 4 (e)(1) above. Upon execution of this document by the entities involved and approval by HUD, this document shall be recorded with the Benton and Franklin County Auditors for purposes of meeting the recording requirements of RCW 39.34 Interlocal Cooperation Act. The cost of said recording shall be paid from administrative funds of the HOME program. COOPERATIVE AGREEMENT — AMENDMENT #2 SIGNATURE PAGE THE TRI- CITIES HOME CONSORTIUM Marie E. Mosley, City Manager City of Kennewick Gary Crutchfield, City Manager City of Pasco Cynthia D. Johnson, City Manager City of Richland Approved as to Form: Heather Kintzley, City Attorney City of Richland Approved as to Form: Lee Kerr, City Attorney City of Pasco Date Date Date Approved as to Form: Lisa Beaton, City Attorney City of Kennewick AGENDA REPORT FOR: City Council TO: Gary Crutchfi i Manager FROM: Lynne Jackson,iHuman Resources Manager SUBJECT: 2014 Temporary Employee Wage Plan I. REFERENCE(S): 1. Proposed Ordinance 2. Proposed Wage Plan January 8, 2014 Workshop Mtg.: 01/13/14 Regular Mtg.: 01/21/14 H. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 01/13: Discussion 01/21: MOTION: I move to adopt Ordinance No. , revising the Temporary Employee Wage Plan for calendar year 2014 and, further, authorize publication by summary only. III. FISCAL IMPACT: ■ Approximately $4,000 annually IV. HISTORY AND FACTS BRIEF: A) The state minimum wage is recalculated each year in September as required by voter approved Initiative 688, which was passed in 1998. The law requires that the state minimum wage be adjusted each year according to the change in the US City Average CPI for urban wage earners and clerical workers (CPI -W) during the 12 months ending each August 31. Washington's minimum wage increased to $9.32 per hour as of January 1, 2014 (from $9.19, the 2013 state minimum wage). V. DISCUSSION: A) The proposed 2014 wage scale reflects the entry level step and grade wage rate as the state minimum wage requirement. Entry level rates for all grades were adjusted upward (modestly) to maintain adequate separation between classifications. Maximum step rates increased only slightly within the new scale structure; increases are between $0.13/hour to $0.18/hour. B) Staff recommends Council approval. 4(g) ORDINANCE NO. AN ORDINANCE CONCERNING WAGES FOR TEMPORARY NON- MANAGEMENT, NON - REPRESENTED PERSONNEL WHEREAS, the City Manager has recommended the wage scale for temporary positions be modified to include adjustments due to change in the minimum wage; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. The wage scale for those temporary positions specified in the attached Exhibit "A" and not represented by a certified bargaining unit, shall be as set forth in Exhibit "A" attached hereto, which Exhibit is incorporated by reference as if fully set forth herein. The City shall designate the appropriate hourly wage step in Exhibit "A" for each employee covered by this Ordinance, considering their time in the position for which they are employed, their current hourly wage, and the evaluation of their performance. Section Z The step increases set forth in Exhibit "A" are dependent upon satisfactory work performance. Section 3. The wage scale set forth in Exhibit "A" shall be effective with the pay period beginning on January 1, 2014 and remain in effect until this Ordinance is amended or superseded by subsequent Ordinance. Section 4. This Ordinance supersedes any conflicting prior Ordinance or conflicting provision of a prior Ordinance. This Ordinance shall take effect five (5) days after passage and publication according to law. PASSED by the City Council of the City of Pasco at a regular meeting this 215` day of January, 2014. Matt Watkins, Mayor ATTEST: APPROVED AS TO FORM: Debbie Clark, City Clerk Leland B. Kerr, City Attorney 0 Part- Time/Irregular/Temporary Employees Wage Scale - 2014 Position Grade Step 01 Step 02 Step 03 Step 04 Step 05 Clerk/Cashier Department Aide 1 TP 01 9.32 9.46 9.60 9.74 9.89 Department Aide 2 TP 02 9.46 9.60 9.74 9.89 10.04 Lifeguard TP 03 9.60 9.74 9.89 10.04 10.19 Instructor Guard TP 05 9.89 10.04 10.19 10.34 10.50 Head Lifeguard Facility Supervisor 2 Professional Instructor TP 12 10.98 11.14 11.31 11.48 11.65 Facility Supervisor 3 Professional Instructor 2 TP 18 12.00 12.18 12.36 12.55 12.74 Below Grades /Steps are not calculated at 1.5% between ste / ate. Pool Manager Professional Instructor 3 TP 27 1 1.00 12.00 13.00 14.00 15.00 Lifetime Fitness Instructor TP 30 15.00 16.00 17.00 18.50 20.00 Must complete term of employment to move to next step (i.e., not quit or have employment terminated except for end of work). AGENDA REPORT FOR: City Council January 9, 2014 TO: Gary Crutchfie Manager Rick Terway, A i trative & Community Services Director Workshop: 1/13/14 Y FROM: Dunyele Mason, Financial Services Manager Regular Meeting: 1/21/14 SUBJECT: Ordinance Approving Issuance of Note Funding LID 148 Expenditures I. REFERENCE(S): 1. Ordinance 2. Local Improvement District No. 148 Installment Notes 3. Vicinity Map II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS: 1/13: Discussion 1/21: MOTION: I move to approve Ordinance No. _ relating to Local Improvement District No. 148 fixing the amount, form, date, interest rate and maturity of the Local Improvement District No. 148 installment note; providing for the purchase of such notes by the city from funds on deposit in the Boulevard Maintenance fund and fixing the interest rate on Local Improvement District No. 148 assessment installments. III. FISCAL IMPACT: IV. HISTORY AND FACTS BRIEF: A) LID 148 was formed by Ordinance No. 3988 on January 18, 2011. B) LID 148 included improvements to Sycamore, Hugo, Waldemar and Cedar Avenues from Butte Street to Alton Street and Helena Street 150 feet west of Sycamore Ave to Cedar Avenue and on Alton Street from Hugo Avenue to 200 feet east of Waldemar Avenue. Improvements included street widening, curb, gutter, sidewalks, storm drainage, and street lighting. C) Construction work is now complete. The final assessment roll for LID 148 was approved by Ordinance No. 4125 on November 4, 2013 for $258,734.48. D) 30 day interest free letters were mailed on November 27, 2013. With the December 1 st publication notice, the 30 day interest free period expires on December 31, 2014. E) Due to the cost of debt issuance and the size of the debt issuance, the city has opted to fund Local Improvement District No. 148 internally with a ten year installment note rather than issuing an external bond and set the assessment collections for the same ten year term. F) The collections of pre - payments as of December 31, 2013 for Local Improvement District No. 148 is $34,100.80 and the amount to be funded by the LID Assistance grant is $46,369.36 leaving a balance of $177,964.32 to be funded by the installment note. V. DISCUSSION: A) The interest on the installment note is set at the rate quoted by Piper Jaffray & Co. for this type of debt of 4.0 %. B) The interest on the assessments includes a 0.5% administrative and processing fee for a total rate of 4.5 %. C) Staff recommends the approval of the issuance and purchase of the installment note and setting of the interest rates for the note and assessments. 4(h) ORDINANCE NO. AN ORDINANCE RELATING TO LOCAL IMPROVEMENT DISTRICT NO. 148 FIXING THE AMOUNT, FORM, DATE, INTEREST RATE AND MATURITY OF THE LOCAL IMPROVEMENT DISTRICT NO. 148 INSTALLMENT NOTE; PROVIDING FOR THE PURCHASE OF SUCH NOTE BY THE CITY FROM FUNDS ON DEPOSIT IN THE BOULEVARD MAINTENANCE FUND AND FIXING THE INTEREST RATE ON LOCAL IMPROVEMENT DISTRICT NO. 148 ASSESSMENT INSTALLMENTS WHEREAS, pursuant to RCW 35.45.150, the City Council of the City of Pasco, Washington (the "City"), has determined to issue its Local Improvement District No. 148 Installment Note in the aggregate principal amount of $177,964.32 and finds it is in the best interest of the City that such note be purchased by the City from funds on deposit in the Boulevard Maintenance Fund of the City and available for investment. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. AUTHORIZATION AND DESCRIPTION OF NOTE. The total amount of the assessment roll in Local Improvement District No. 148 in the City of Pasco, Washington (the "City "), created under Ordinance No. 4125 which passed November 4, 2013 was $258,437.48. The 30 -day period for making cash payments of assessments without interest in the District expired on December 31, 2013 and the total amount of assessments paid to date is $80,470.16 leaving a balance of assessments unpaid on the assessment roll in the sum of $177,964.32. The Local Improvement District No. 148 Installment Note (the "Note ") shall, therefore, be issued pursuant to RCW 35.45.150 as a single installment note in the total principal sum of $177,964.32. The Note shall be dated February 1, 2014 shall mature on February 1, 2024 shall be in fully registered form; and shall be numbered R -2. The Note shall bear interest at the rate of 4.0% per annum (computed on the basis of a 360 -day year of twelve 30 -day months), payable annually on each February 1, beginning February 1, 2015. Section 2. APPOINTMENT OF NOTE REGISTRAR; REGISTRATION AND TRANSFER OF NOTE. The Financial Services Manager of the City is appointed Note Registrar for the Note. The Note shall be issued to the City's Boulevard Maintenance Fund (the "Registered Owner") only in the registered form as to both principal and interest and shall be recorded on books or records maintained by the Note Registrar (the "Note Register "). The Note Register shall contain the name and mailing address of the Registered Owner. The Note may not be assigned or transferred by the Registered Owner. When the note has been paid in full, both principal and interest, it shall be surrendered by the Registered Owner to the Note Registrar, who shall cancel the Note. The Note Registrar shall keep, or cause to be kept, at her office, sufficient books for the registration of the Note. The Note Registrar is authorized, on behalf of the City, to authenticate and deliver the note in accordance with the provisions of the Note and this ordinance, to serve as the City's paying agent for the Note and to carry out all of the Note Registrar's powers and duties under this ordinance. The Note Registrar shall be responsible for the representations contained in the note registrar's Certificate of Authentication on the Note. Section 3. PAYMENT OF NOTE. Both principal of and interest on the Note shall be payable solely out of the Local Improvement Fund, District No. 148 (the "Note Fund % and from the Local Improvement Guaranty Fund of the City, and shall be payable in lawful money of the United States of America. Interest on the Note, and any prepaid principal thereof, shall be paid by check, draft or interfund transfer on the interest payment date to the Registered Owner at the address appearing on the Note Register. The final installment of principal of and interest on the Note at maturity or prior repayment is payable at the office of the Note Registrar in Pasco, Washington, upon presentation and surrender of the Note. Section 4. PREPAYMENT PROVISIONS. The City reserves the right to prepay principal of the Note prior to its stated maturity on any interest payment date, at par plus accrued interest to the date fixed for prepayment, whenever there shall be sufficient money in the Note Fund to prepay the principal of the Note over and above the amount required for the payment of the interest then due on the Note. No notice of prepayment to the Registered owner is required. Interest on the principal of the Note so prepaid shall cease to accrue on the date of such prepayment. Section 5. PLEDGE OF ASSESSMENT PAYMENTS. Assessments collected in Local Improvement District No. 148 together with interest and penalties, if any, are pledged to the payment of the Note, and shall be deposited in the Note Fund. The Note is payable solely out of the Note Fund and the Local Improvement Guaranty Fund of the City in the manner provided by law and constitutes a lien and charge upon such Note Fund and Local Improvement Guaranty Fund. The Note is not a general obligation of the City. Section 6. FAILURE TO REDEEM NOTE. If the Note is not redeemed when properly presented at its maturity or prepayment date, the City shall be obligated to pay interest on the Note at the same rate provided therein from and after its maturity or prepayment date until the Note, both principal and interest, is paid in full or until sufficient money for its payment in full is on deposit in the Note Fund and the note has been called for payment by giving notice of that call to the Registered Owner. Section 7. FORM AND EXECUTION OF NOTE. The Note shall be printed, lithographed or typed on good bond paper in a form consistent with the provisions of this ordinance and state law, shall be signed by the Mayor and the City Clerk, either or both of whose signatures may be manual or in facsimile, and the seal of the City or a facsimile reproduction thereof shall be impressed or printed thereon. Only the Note bearing a Certificate of Authentication in the following form, manually signed by the Note Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance. CERTIFICATE OF AUTHENTICATION This Note is the fully registered City of Pasco, Washington, Local Improvement District No. 148 Installment Note described in the Note Ordinance. Financial Services Manager Note Registrar The authorized signing of the Certificate of Authentication shall be conclusive evidence that the Note has been duly executed, authenticated and delivered and is entitled to the benefits of this ordinance. Section 8. PURCHASE AND SALE OF NOTE. The City will purchase the Note from funds available for investment on deposit in the Boulevard Maintenance Fund of the City at a price of par plus accrued interest from the date of the Note to the date of its transfer to the City. The proper City officials are authorized and directed to do everything necessary for the prompt delivery of the Note and for the proper application and use of the proceeds of the sale thereof. Section 9. FIXING INTEREST RATE ON ASSESSMENTS. The interest rate on the installments and delinquent payments of the special assessments in Local Improvement District No. 148 are revised and fixed at the rates of 4.5% per annum and 8.00% per annum, respectively. Section 10. EFFECTIVE DATE OF ORDINANCE. This ordinance shall take effect February 1, 2014. Adopted by the City Council of the City of Pasco, on this 21 st day of January, 2014. City of Pasco: Matt Watkins, Mayor Attest: Debra Clark, City Clerk Approved As To Form: Leland B. Kerr, City Attorney No. R -2 $177,964.32 UNITED STATES OF AMERICA STATE OF WASHINGTON CITY OF PASCO LOCAL IMPROVEMENT DISTRICT NO. 148 INSTALLMENT NOTE Interest Rate: 4.0% Maturity Date: 2/1/2024 Registered Owner: CITY OF PASCO BOULEVARD MAINTENANCE FUND Principal Amount: $177,964.32 N.B. The laws of the State of Washington under which this Note is issued contain the following section (RCW 35.45.070): "Neither the holder nor owner of any bond, interest coupon, warrant, or other short -term obligation issued against a local improvement fund shall have any claim therefore against the city or town by which it is issued, except for payment from the special assessments made for the improvement for which the bond or warrant was issued and except also for payment from the local improvement guaranty fund of the city or town as to bonds issued after the creation of a local improvement guaranty fund of that city or town. The city or town shall not be liable to the holder or owner of any bond, interest coupon, warrant, or other short -term obligation for any loss to the local improvement guaranty fund occurring in the lawful operation thereof. A copy of the foregoing part of this section shall be plainly written, printed or en graved on each bond. " The CITY OF PASCO, WASHINGTON (the "City"), a municipal corporation of the State of Washington, promises to pay to the Registered Owner identified above on the Maturity Date indentified above the Principal Amount identified above and to pay interest (computed on the basis of a 360 -day year of twelve 30 -day months) thereon from the date of this Note or from the most recent interest payment date to which interest has been paid at the Interest Rate per annum identified above, payable annually beginning September 25, 2014 to the maturity or earlier prepayment of this Note. If this Note is not redeemed when property presented at its maturity date, then interest shall continue to accrue at the Interest Rate identified above until this Note, both principal and interest, is paid in full or until sufficient money for its payment in full has been deposited in Local Improvement Fund, District No. 148 (the "Note Fund "), and this Note has been called for payment. This Note, designated the Local Improvement District No. 148 Installment Note, is issued by the City in fully registered form pursuant to and in full compliance with the Constitution and laws of the State of Washington and ordinances of the City, including Ordinance No. (the "Note Ordinance "). This Note is issued for the purpose of providing the funds necessary to pay the costs of constructing the improvements within Local Improvement District No. 148 of the City as ordered to be carried out by Ordinance No. of the City. The City has reserved the right to prepay principal of this Note prior to its stated maturity date on any interest payment date, at par plus accrued interest to the date fixed for prepayment, whenever there is sufficient money in the Note Fund to prepay the principal of the Note over and above the amount required for the payment of the interest then due on the unpaid Note. No notice of prepayment to the Registered Owner is required. Interest on the principal of this Note so prepaid shall cease to accrue on the date of such prepayment. Both principal of and interest on this Note are payable in lawful money of the United States of America. Interest on this Note, and any prepaid principal thereon, shall be paid by check, draft or interfund transfer on the interest payment date to the Registered Owner at the address appearing on the registration books of the City (the "Note Register ") maintained by the Finance Services Manager of the City (the "Note Registrar "). The final installment of principal and interest on the Note at maturity or prior repayment is payable at the office of the Note Registrar in Pasco, Washington, upon presentation and surrender of this Note. The funds deposited in the Note Fund and the Local Improvement Guaranty Fund of the City have been and are pledged irrevocably to the payment of the principal of and interest on this Note. This note is not a general obligation of the City. This Note shall not be valid or become obligatory for any purpose until the Certificate of Authentication hereon has been signed by the Note Registrar. The principal of and interest on this note shall be paid only to the Registered Owner and to no other person or entity, and this Note may not be assigned or transferred. The City and the Note Registrar may deem and treat the Registered Owner of this Note as its absolute owner for the purpose of receiving payment of principal and interest and for all other purposes, and neither the City nor the Note registrar shall be affected by any notice to the contrary. As used herein, Registered Owner means the person or entity named as Registered Owner of this Note on the fast page hereof and on the Note Register. It is certified, recited and declared that all acts, conditions and things required to be done precedent to and in the levying of any assessments and the issuance of this Note have been done properly, have happened and have been performed in regular and due form, as required by law, and that this Note has not been issued in an amount in excess of the cost of improvements in Local Improvement District No. 148. IN WITNESS WHEREOF, the City has caused this Note effective February 1, 2014 to be executed on behalf of the City by its Mayor and City Clerk, and the seal of the City to be impressed hereon, this 2131 day of January, 2014. (SEAL) Date of Authentication: CITY OF PASCO, WASHINGTON By Mayor Lo City Clerk CERTIFICATE OF AUTHENTICATION This Note is the fully registered City of Pasco, Washington, Local Improvement District No. 148 Installment Note described in the Note Ordinance. By Financial Services Manager, Note Registrar Interest Payment Date LID NO. 148 INSTALLMENT NOTE PAYMENT RECORD Principal Payment Interest Principal Balance Received Paid Prepaid Due Beginning principal balance: 2015 2016 2017 2018 2019 2020 2021 2022 2023 2024 Note Registrar l0 NOi l`d� IC �➢OSn�Odx t I Ile- p 1 ! 4 � v r