HomeMy WebLinkAbout2014.11.24 Council Workshop PacketAGENDA
PASCO CITY COUNCIL
Workshop Meeting 7:00 p.m. November 24, 2014
1. CALL TO ORDER
2. ROLL CALL:
(a) Pledge of Allegiance.
3. VERBAL REPORTS FROM COUNCILMEMBERS:
4. ITEMS FOR DISCUSSION:
(a) Community Branding Presentation. (NO WRITTEN MATERIAL ON AGENDA) Presented
by Carl Adrian, TRIDEC, Lori Mattson, Tri -City Regional Chamber of Commerce, and Kris
Watkins, Visit TRI -CITIES.
(b) Commercial Avenue Rename (MF #ORD2014-001) Renaming a Section of Commercial
Avenue to Venture Road:
1. Agenda Report from Jeffrey Adams, Associate Planner dated November 18, 2014.
2. Commercial Avenue Rename - 1966 Aerial Map.
3. Commercial Avenue Rename - Vicinity Map.
4. Commercial Avenue Rename - Proposed Ordinance.
(c) Franchise Agreement - Zayo Group, LLC:
1. Agenda Report from Mike Pawlak, City Engineer dated November 10, 2014.
2. Zayo Group - Proposed Ordinance.
3. Zayo Group - Proposed Franchise Agreement.
4. Zayo Group - Proposed Locations.
5. Zayo Group - Vicinity Map.
(d) Code Amendment Highway Follow -Through Signs (MF #CA2012-011):
I. Agenda Report from Shane O'Neill, Planner I dated November 19, 2014.
2. Highway Follow -Through Signs - Proposed Ordinance.
3. Highway Follow -Through Signs - Kiosk Sign Licensing Requirements.
4. Highway Follow -Through Signs - Memo to the Planning Commission dated 10/16/14.
5. Highway Follow -Through Signs - Planning Commission Minutes dated 10/16/14.
(e) Update of Purchasing and Surplus Policies:
1. Agenda Report from Stan Strebel, Deputy City Manager dated November 18, 2014.
2. Purchasing and Surplus Policies - Proposed Ordinance.
(f) City Council Districts:
1. Agenda Report from Stan Strebel, Deputy City Manager dated November 17, 2014.
2. City Council Districts - Map of Current Council Districts.
3. City Council Districts - Matrix, Population by Precinct/District, Current.
4. City Council Districts - District Option 1.
5. City Council Districts - District Option 2.
6. City Council Districts - District Option 4.
5. OTHER ITEMS FOR DISCUSSION:
(a)
(b)
(c)
6. EXECUTIVE SESSION:
(a)
(b)
(c)
7. ADJOURNMENT
REMINDERS:
1. 4:00 p.m., Monday, November 24, Ben -Franklin Transit Office - Hanford Area Economic Investment
Fund Committee Meeting. (COUNCILMEMBER AL YENNEY, Rep.; SAUL MARTINEZ, Alt.)
2. 7:30 a.m., Wednesday, November 26, 7130 W. Grandridge Blvd - Visit TRI -CITIES Board Meeting.
(COUNCILMEMBER MIKE GARRISON, Rep.; TOM LARSEN, Alt.)
AGENDA REPORT
FOR: City Council November 18, 201 It
TO: Dave Zabell, City Manager Workshop Mtg.: 11/24/14
Rick White, /J ( Regular Mtg. 12/01/14
Community & Economic Development Director l j�
FROM: Jeffrey B. Adams, Associate Planner
SUBJECT: COMMERCIAL AVENUE RENAME (MF# ORD 2014-001): Renaming a section
of Commercial Avenue to Venture Road
I. REFERENCE(S):
1. COMMERCIAL AVENUE RENAME -1966 Aerial Map
2. COMMERCIAL AVENUE RENAME - Vicinity Map
3. COMMERCIAL AVENUE RENAME - Proposed Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
11/24: DISCUSSION
12/01: MOTION: I move to approve Ordinance No.
Commercial Avenue to Venture
publication by summary only.
III. FISCAL IMPACT:
NONE
IV.
V
HISTORY AND FACTS BRIEF:
renaming a section of
Road, and further, to authorize
A. Historically, East Lewis Street veered left (northeast) just past the current location of
Heritage Boulevard and continued on in a relatively straight path toward Kablotus as the
Pasco/Kahlotus Highway.
B. With the construction of Highway US -12 the first 5,700 or so feet of the Pasco/Kahlotus
Highway was abandoned and East Lewis Street became the main US -12 crossing point. The
Pasco/Kahlotus Highway was diverted southward to connect with East Lewis Street.
C. When the Heritage Road/US-12 overpass was built that southward diversion of the
Pasco/Kahlotus Highway was abandoned as part of the Highway, being renamed by Franklin
County as Commercial Avenue. At the same time North Commercial Avenue was re-routed
to connect with the now orphaned section of Dietrich Road, creating further street name
confusion. These street name issues present navigation and possible public safety problems
with the City's emergency response crews.
D. In order to address these issues Planning Staff held a neighborhood information meeting on
Tuesday July 29, 2014 to receive input from property owners and other concerned citizens.
Invitation letters were sent to each owner and an ad was placed in the Tri -City Herald. There
was no public attendance or participation at the meeting. One owner telephoned but did not
voice any concerns about the proposed street name changes.
E. After the meeting two follow-up letters were sent informing the property owners of the
recommendation being sent to City Council and notifying them of the Council workshop so
they could attend if they wished to voice concerns.
A. Staff is recommending the Council rename a section of Commercial Avenue to Venture
Road, as depicted on the attached Vicinity Map. If Council concurs the proposed ordinance
will be returned to Council for action on the December 1, 2014 Council Meeting
J
ORDINANCE NO.
AN ORDINANCE CHANGING THE NAME OF A SECTION OF NORTH COMMERCIAL
AVENUE TO VENTURE ROAD.
WHEREAS, the identification of streets plays an important function in maintaining the
safety and welfare of the public; and,
WHEREAS, the street names are the principal means for the public to reference and
locate properties in the city;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. That a section of the former Pasco/Kahlotus Highway which was renamed
by Franklin County as Commercial Avenue, beginning at a point northeast of US -12 and
continuing north and connecting with the Pasco/Kahlotus Highway as depicted on Exhibit #1 be
renamed Venture Road;
Section 2. This ordinance shall be in full force and effect on March 15, 2015 as required
by law.
PASSED by the City Council of the City of Pasco, at its regular meeting of
,2014.
Matt Watkins
Mayor
ATTEST: APPROVED AS TO FORM:
Debra L. Clark Leland B. Kerr
City Clerk City Attorney
1
AGENDA REPORT
FOR: City Council
TO:Dave Zabell, City Manager
Ahmad Qayoumi, PE, Public Works Director
FROM: Michael A. Pawlak, PE, City Engineer
SUBJECT: Franchise Agreement — Zayo Group, LLC
I. REFERENCE(S):
1. Zayo Group - Proposed Ordinance
2. Zayo Group - Proposed Franchise Agreement
3. Zayo Group - Proposed Locations
4. Zayo Group - Vicinity Map
November 10, 2014
Workshop: 11/24/2014
Regular Mtg.: 12/01/2014
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
11/24: Introduction and Discussion
12/01: CONDUCT PUBLIC HEARING
MOTION: I move to adopt Ordinance No. granting a franchise
to Zayo Group, LLC, and to authorize the City Manager to execute
the franchise agreement and, further, to authorize publication of
the Ordinance by summary only.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
A) Zayo Group, LLC is a telecommunications internet service provider with
headquarters in Boulder, CO. The company offers wholesale and enterprise
telecommunications services and bandwidth infrastructure services. Zayo Group
intends to locate its facilities in conjunction with existing Franklin PUD and
Century Link facilities, as well as some new underground conduit installation.
B) Franchises are reviewed and granted pursuant to Title 15 of the Pasco Municipal
Code. Prior to granting a franchise, the City Council must conduct a public
hearing and thereafter make a decision on the franchise based on the following
standards:
1. Whether the applicant has received all requisite licenses, certificates,
and authorizations from the Federal Communications Commission, the
Washington Utilities and Transportation Commission, and any other
federal or state agency with jurisdiction over the activities proposed by
the applicant;
2. The capacity of the public ways to accommodate the applicant's
proposed facilities;
3. The capacity of the public ways to accommodate additional utility,
cable, open video, and telecommunications facilities if the franchise is
granted;
4. The damage or disruption, if any, of public or private facilities,
improvements, service, travel or landscaping if the franchise is
granted;
5. The public interest in minimizing the cost and disruption of
construction within the public ways;
4(c)
6. The service that applicant will provide to the community and region;
7. The effect, if any, on public health, safety and welfare if the franchise
is granted;
8. The availability of alternate routes and/or locations for the proposed
facilities;
9. Applicable federal and state communications laws, regulations and
policies;
10. Such other factors as may demonstrate that the grant to use the public
ways will serve the community interest and;
11. Such other and further factors as may be deemed appropriate by the
City.
C) In accordance with RCW 35A.47.040, Council must approve a franchise at a
regular meeting and can do so no sooner than five (5) days after its introduction
for discussion and initial presentation before Council. Assuming Council agrees
to grant the franchise, adoption of the attached proposed ordinance is
recommended. A written determination is required for denial of a franchise.
V. DISCUSSION:
A) The franchise document grants authority and establishes essential parameters for
the installation/operation of the franchisee's improvements within the city's
rights-of-way, such as permitting, insurance, records, fees, etc.
B) Staff has prepared the attached, proposed franchise agreement in compliance with
Title 15 and applicable state and federal law. State law prohibits the City from
imposing a franchise fee on utility providers other than cable television
operations. Federal law prohibits the taxation of internet services.
C) Individual permit applications for specific installations are required of
franchisees.
ORDINANCE NO.
AN ORDINANCE granting a Franchise to Zayo Group, LLC for the location of
fiber optic cable within the right-of-way of the City of Pasco.
WHEREAS, an application has been received from Zayo Group, LLC, for the grant
of a franchise for the location of fiber optic cable to provide wholesale and enterprise
telecommunications services and bandwidth infrastructure services to be located within and
under the right-of-way of the City of Pasco, as specially granted by a negotiated Franchise
Agreement; and
WHEREAS, the parties have negotiated a Franchise Agreement in compliance with
Title 15 of the Pasco Municipal Code and governing telecommunication franchises; and
WHEREAS, a public hearing on the grant of the franchise was conducted on the 1�`
day of December, 2014; and
WHEREAS, based upon the evidence received at the public hearing and the Staff
Report, the City Council determines it to be in the best interest of the citizens of the City of
Pasco; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO
ORDAIN AS FOLLOWS:
Section 1. Grant of Franchise. Pursuant to Chapter 35A.47.040 of the Revised Code
of Washington, the City of Pasco grants to Zayo Group, LLC, a franchise for the location of
fiber optic cable offering wholesale and enterprise telecommunication services and
bandwidth infrastructure services to be located within the right-of-way of the City of Pasco
as designated within the Application of Zayo Group, LLC, as Franchisee, according to the
terms and conditions of the Franchise Agreement negotiated between Zayo Group, LLC, as
Franchisee, and the City of Pasco, as Franchisor, a copy of which is attached hereto and
incorporated hereinby this reference as Exhibit A.
Section 2. Signature Authorized. The City Manager is hereby authorized and
directed to execute that Franchise Agreement attached hereto as Exhibit A.
Section 3. Effective Date. This Ordinance, and the Franchise Agreement authorized
hereby, shall take full force and effect five (5) days after its approval, passage and
publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this 1 st day of December, 2014.
Matt Watkins, Mayor
ATTEST:
Debbie Clark, City Clerk
APPROVED AS TO FORM:
Leland B. Kerr, City Attorney
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco, Washington
525 North 3rd
Pasco WA 99301
FRANCHISE AGREEMENT
THIS FRANCHISE AGREEMENT entered into this day of
*2014, by and between the City of Pasco, Washington, a Washington
Municipal Corporation (hereinafter referred to as "City", and Zayo Group, LLC, a Delaware
Corporation (hereinafter referred to as "Franchisee').
WHEREAS, Section 35A.47.040 of the Revised Code of Washington authorizes the City
to grant, permit, and regulate non-exclusive franchises for the use of public ways; and
WHEREAS, Franchisee has applied to the City for a non-exclusive franchise to enter,
occupy, and use public ways to construct, install, operate, maintain, and repair fiber optic
facilities to offer and provide telecommunications service for hire, sale, or resale in the City of
Pasco; and
WHEREAS, a franchise is a legislatively approved master permit granting general
permission to a service provider to enter, use, and occupy the public ways for the purpose of
locating facilities subject to requirements that a franchisee must also obtain separate use permits
from the City for use of each and every specific location in the public ways in which the
franchisee intends to construct, install, operate, maintain, repair or remove identified facilities;
and
WHEREAS, a franchise does not include, and is not a substitute for any other permit,
agreement, or other authorization required by the City, including without limitation, permits
required in connection with construction activities in public ways which must be administratively
approved by the City after review of specific plans; and
WHEREAS, the City has conducted a public hearing on the 1" day of December, 2014,
and reviewed the application based upon the standards set forth in Pasco Municipal Code Section
15.10.050 (A); and
Franchise Agreement - Page 1
WHEREAS, the City approved this Franchise Agreement pursuant to RCW 35A.47.040
at the next regularly scheduled Council meeting following the public hearing pursuant to
Ordinance No. ; and
WHEREAS, the City finds that the franchise terms and conditions contained in this
Agreement are in the public interest.
NOW, THEREFORE, in consideration of the mutual covenants contained herein, and
other valuable consideration, the Parties do agree as follows:
1. DEFINITIONS. For the purposes of this Agreement, all terms shall have the meaning as
defined in PMC 15.10.020. Terms not specifically defined therein shall be given their
ordinary meaning.
2. FRANCHISE.
A. The City grants to Franchisee, subject to the terms and conditions of this
Agreement and PMC Title 15, a non-exclusive franchise for providing wholesale
and enterprise telecommunications (i.e., data transmission) services and
bandwidth infrastructure services, not including voice, cable, video or other
residential services; and to enter, occupy, and use public ways for constructing,
installing, operating, maintaining, repairing, and removing wireline facilities
necessary to provide telecommunications services. Franchisee shall construct,
install, operate, maintain, repair, and remove its facilities at its expense.
B. Any rights, privileges, and authority granted to Franchisee under this Franchise
are subject to the legitimate rights of the police power of the City to adopt and
enforce general ordinances necessary to protect the safety and welfare of the
public, and nothing in this Franchise excuses Franchisee from its obligation to
comply with all applicable general laws enacted by the City pursuant to such
power. Any conflict between the terms or conditions of this Franchise and any
other present or future exercise of the City's police powers will be resolved in
favor of the exercise of the City s police power.
C. Nothing in this Franchise excuses Franchisee of its obligation to identify its
facilities and proposed facilities and their location or proposed location in the
public ways and to obtain use and/or development authorization and permits from
the City before entering, occupying, or using public ways to construct, install,
operate, maintain, repair, or remove such facilities.
Franchise Agreement - Page 2
D. Nothing in this Franchise excuses Franchisee of its obligation to comply with
applicable codes, rules, regulations, and standards subject to verification by the
City of such compliance.
E. Nothing in this Franchise shall be construed to create a duty upon the City to be
responsible for construction of facilities or to modify public ways to accommodate
Franchisee's facilities.
F. Nothing in this Franchise grants authority to Franchisee to provide or offer cable
television service.
G. Nothing in this Franchise shall be construed to create, expand, or extend any
liability to the City or to any third party user of Franchisee's facilities or to
otherwise recognize or create third party beneficiaries to this Franchise.
3. TERM. Authorization granted under this Franchise shall be for a period of ten (10) years
from the effective date of this Franchise. The Franchise may be renewed as provided in
PMC Chapter 15.20. This Agreement shall be effective five (5) days following the
passage of an authorizing Ordinance and publication of this Franchise, or a summary
thereof, occurs in a newspaper of general circulation in the City pursuant to RCW
35A.47.040, or upon execution by all parties hereto whichever occurs later.
4. LOCATION OF FACILITIES. Franchisee will locate its facilities as identified in the
Route Design drawings, attached hereto and incorporated hereinby this reference as
Exhibit A; and will locate its facilities consistent with the requirements of PMC Title 15.
Prior to installation of any facilities, Franchisee shall obtain all required City permits.
5. COORDINATION OF CONSTRUCTION AND INSTALLATION ACTIVITIES
AND OTHER WORK
A. All construction or installation locations, activities and schedules shall be
coordinated, asordered by the City, to minimize public inconvenience, disruption
or damages.
B. At least twenty four (24) hours prior to entering a public way to perform
construction and installation activities or other work, Franchisee shall give notice,
at its cost, to owners and occupiers of property adjacent to such public ways
indicating the nature and location of the work to be performed. Such notice shall
be physically posted by door hanger. Franchisee shall make a good faith effort to
comply with the property owner or occupier's preferences, if any, on location or
placement of underground facilities, consistent with sound engineering practices.
Franchise Agreement - Page 3
6. HOLD HARMLESS AND ASSUMPTION OF RISK.
A. Hold Harmless.
(1) Franchisee hereby releases, covenants not to bring suit and agrees to
indemnify, defend and hold harmless the City, its elected officials,
officers, employees, servants, agents, and representatives against any and
all claims, costs, damages, judgments, awards, or liability, of any kind
whatsoever, to any person, including claims by Franchisee's own
employees to which Franchisee might otherwise be immune under Title 51
RCW, arising from injury or death of any person or damage to property
arising out of the acts or omissions of Franchisee, its officers, employees,
servants, agents or representatives.
(2) Franchisee further releases, covenants not to bring suit and agrees to
indemnify, defend and hold harmless the City, its elected officials,
officers, employees, servants, agents, and representatives from any and all
claims, costs, damages, judgments, awards, or liability to any person,
including claims by Franchisee's own employees, including those claims to
which Franchisee might otherwise have immunity under Title 51 RCW,
arising out of Franchisee's exercise of the rights, privileges, or authority
granted by this Franchise which are made against the City, in whole or in
part, due to the City's ownership or control of the public ways or other City
property, by virtue of the City permitting the Franchisee's entry, occupancy
or use of the public ways, or based upon the City's inspection or lack of
inspection of work performed by Franchisee, its officers, employees,
servants, agents or representatives.
(3) These hold harmless covenants include, but are not limited to claims
against the City arising as a result of the acts or omissions of Franchisee,
its officers, employees, servants, agents or representatives in barricading,
instituting trench safety systems or providing other adequate warnings of
any excavation, construction, or work in any public way or other public
place in performance of work or services permitted under this Franchise.
(4) Franchisee further agrees to indemnify, hold harmless and defend the City,
its elected officials, officers, employees, servants, agents, and
representatives against any claims for damages, including, but not limited
to, business interruption damages and lost profits, brought by or under
users of the Franchisee's facilities as the result of any interruption of
service due to damage or destruction of the user's facilities caused by or
arising out of damage or destruction of Franchisee's facilities, except to the
Franchise Agreement - Page 4
extent any such damage or destruction is caused by or arises from the
active sole negligence of the City.
(5) In the event of liability for damages arising out of bodily injury to persons
or damages to property caused by or resulting from the concurrent
negligence of Franchisee and the City, Franchisee's liability hereunder
shall be only to the extent of Franchisee's negligence.
(6) It is further specifically and expressly understood that the hold harmless
covenants provided herein constitutes the Franchisee's waiver of immunity
under Title 51 RCW. This waiver has been mutually negotiated by the
parties.
(7) Inspection or acceptance by the City of any work performed by Franchisee
at the time of completion of construction or installation shall not be
grounds for avoidance of any of these hold harmless covenants. Said hold
harmless obligations shall extend to claims which are not reduced to a suit
and any claims which may be compromised prior to the culmination of any
litigation or the institution of any litigation.
(8) In the event that Franchisee refuses the tender of defense in any suit or any
claim, said tender having been made pursuant to the hold harmless
covenants contained herein, and said refusal is subsequently determined by
a court having jurisdiction (or such other tribunal that the parties shall
agree to decide the matter), to have been a wrongful refusal on the part of
Franchisee, then Franchisee shall pay and be responsible for all of the
City's costs for defense of the action, including all reasonable expert
witness fees and reasonable attorneys' fees and the reasonable costs of the
City, including reasonable attorneys' fees of recovering under this hold
harmless clause.
B. Assumption of Risk.
(1) Franchisee assumes the risk of damage to its facilities located in the City's
public ways from activities conducted by third parties or the City, its
elected officials, officers, employees, servants, agents, or representatives.
Franchisee releases and waives any and all claims against the City, its
elected officials, officers, employees, servants, agents, and representatives
for damage to or destruction of the Franchisee's facilities except to the
extent any such damage or destruction is caused by or arises from active
sole negligence of the City.
Franchise Agreement - Page 5
(2) Franchisee bears sole responsibility to insure its property. Franchisee shall
ensure that its insurance contracts waive subrogation claims against the
City, its elected officials, officers, employees, servants, agents, and
representatives, and Franchisee shall indemnify, defend and hold harmless
the City, its elected officials, officers, employees, servants, agents, and
representatives against any and all subrogation claims if it fails to do so.
7. INSURANCE. Franchisee shall obtain and maintain, at its cost, worker's compensation
insurance and the following liability insurance policies insuring both Franchisee and the
City, and its elected and appointed officers, officials, agents, employees, representatives,
engineers, consultants, and volunteers as additional insureds against claims for injuries to
persons or damages to property which may arise from or in connection with the exercise
of the rights, privileges, and authority granted to Franchisee:
A. Comprehensive general liability insurance, written on an occurrence basis, with
limits not less than:
(1) $5,000,000.00 for bodily injury or death to each person;
(2) $5,000,000.00 for property damage resulting from any one accident; and
(3) $5,000,000.00 for all other types of liability.
B. Automobile liability for owned, non -owned .and hired vehicles with a limit of
$1,000,000.00 per occurrence.
C. The liability insurance policies required by this section shall be maintained by
Franchisee throughout the term of this Franchise, such other periods of time
during which Franchisee's facilities occupy public ways, and while Franchisee is
engaged in the removal of its facilities. Franchisee shall provide an insurance
certificate, together with an endorsement naming the City, and its elected and
appointed officers, officials, agents, employees, representatives, engineers,
consultants, and volunteers as additional insureds, to the City prior to the
commencement of any construction or installation of any facilities pursuant to this
Franchise or other work in a public way. Any deductibles or self-insured
retentions must be declared to and approved by the City. Payment of deductibles
and self-insured retentions shall be the sole responsibility of Franchisee. The
insurance certificate required by this section shall contain a clause stating that
coverage shall apply separately to each insured against whom claim is made or
suit is brought, except with respect to the limits of the insurer's liability.
Franchisee's insurance shall be primary insurance with respect to the City, its
officers, officials, employees, agents, consultants, and volunteers. Any insurance
maintained by the City, its officers, officials, employees, consultants, agents, and
Franchise Agreement - Page 6
volunteers shall be in excess of the Franchisee's insurance and shall not contribute
with it.
D. In addition to the coverage requirements set forth in this section, each such
insurance policy shall contain an endorsement in a form which substantially
complies with the following:
"It is hereby understood and agreed that this policy may not be
canceled nor the intention not to renew be stated until 10 days after
receipt by the City, by registered mail, of a written notice addressed
to the Pasco City Manager of intent to cancel or not to renew for
reason of nonpayment of premium and until 30 days after receipt
by the City, by registered mail, of a written notice addressed to the
Pasco City Manager of intent to cancel or not to renew for reason
for any other reason."
E. At least ten (10) days prior to said cancellation or non -renewal, Franchisee shall
obtain and furnish to the City replacement insurance policies meeting the
requirements of this section.
8. SECURITY FUND. The fund described herein shall be considered an additional security
and protection above, beyond and in addition to those rights and remedies already
provided by other law including, but not limited to, PMC Title 15. Franchisee shall
establish and maintain a security fund in the amount of twenty thousand dollars
($20,000), at its cost, with the City by depositing such monies, bonds, letters of credit, or
other instruments in such form and amount acceptable to the City. No sums may be
withdrawn from the fund by Franchisee without consent of the City. The security fund
shall be maintained at the sole expense of Franchisee so long as any of the Franchisee's
facilities occupy a public way.
A. The fund shall serve as security for the full and complete performance of this
Franchise, including any claims, costs, damages, judgments, awards, or liability,
of any kind whatsoever, the City pays or incurs, including civil penalties, because
of any failure attributable to Franchisee to comply with the provisions of this
Franchise or the codes, ordinances, rules, regulations, standards, or permits of the
City.
B. Before any sums are withdrawn from the security fund, the City shall give written
notice to Franchisee:
(1) Describing the act, default or failure to be remedied, or the claims, costs,
damages, judgments, awards, or liability which the City has incurred or
may pay by reason of Franchisee's act or default;
Franchise Agreement - Page 7
(2) Providing a reasonable opportunity for Franchisee to first remedy the
existing or ongoing default or failure, if applicable;
(3) Providing a reasonable opportunity for Franchisee to pay any monies due
the City before the City withdraws the amount thereof from the security
fund, if applicable; and
(4) Franchisee will be given an opportunity to review the act, default or failure
described in the notice with the City or his or her designee.
C. Franchisee shall replenish the security fund within fourteen (14) days after written
notice from the City that there is a deficiency in the amount of the fund.
D. Insufficiency of the security fund shall not release or relieve Franchisee of any
obligation or financial responsibility.
9. TAXES, CHARGES, AND FEES.
A. Franchisee shall pay and be responsible for all charges and fees imposed to
recover actual administrative expenses incurred by the City that are directly
related to receiving and approving this Franchise, any use and/or development
authorizations which may be required, or any permit which may be required, to
inspect plans and construction, or to the preparation of a detailed statement
pursuant to RCW Ch. 43.21C. Regular application and processing charges and
fees imposed by the City shall be deemed to be attributable to actual
administrative expenses incurred by the City but shall not excuse Franchisee from
paying and being responsible for other actual administrative expenses incurred by
the City.
(1) Within fourteen (14) days of execution of this Franchise Agreement,
Franchisee shall pay to the City reimbursement for actual administrative
expenses incurred including, but not limited to, expenses for staff time,
legal review and publication in the amount of $2,000.00.
B. Franchisee shall pay and be responsible for taxes permitted by law.
10. VACATION OF PUBLIC WAYS. The City reserves the right to vacate any public way
which is subject to rights, privileges, and authority granted by this Franchise. If
Franchisee has facilities in such public way, the City shall reserve an easement for
Franchisee.
Franchise Agreement - Page 8
11. DUTY TO PROVIDE INFORMATION. Within ten (10) days of a written request
from the City, Franchisee shall fiunish the City with all requested information sufficient
to demonstrate:
12.
A. That Franchisee has complied with all requirements of this Franchise;
B. That taxes, fees, charges, or other costs owed or payable by Franchisee have been
properly collected and paid; and
A. Franchisee will manage all of its operations in accordance with a policy of
keeping its documents and records open and accessible to the City. The City will
have access to, and the right to inspect, any documents and records of Franchisee
and its affiliates that are reasonably necessary for the enforcement of this
Franchise or to verify Franchisee's compliance with terms or conditions of this
Franchise. Franchisee will not deny the City access to any of Franchisee's records
on the basis that Franchisee's documents or records are under the control of any
affiliate or a third party. Franchisee will take all steps necessary to assist the City
in complying with the Public Records Act, RCW Chapter 42.56, including
providing the City with a written statement identifying how long it will take to
produce records not immediately available, and for any records that are not
disclosed in whole or in part, a written statement from Franchisee's legal counsel
stating the authority upon which the documents are withheld.
B. All documents and records maintained by Franchisee shall be made available for
inspection by the City at reasonable times and intervals; provided, however, that
nothing in this section shall be construed to require Franchisee to violate state or
federal law regarding subscriber privacy, nor shall this section be construed to
require Franchisee to disclose proprietary or confidential information without
adequate safeguards for its confidential or proprietary nature.
C. One copy of documents and records requested by the City will be furnished to the
City at the cost of Franchisee. If the requested documents and records are too
voluminous or for security reasons cannot be copied or removed, then Franchisee
may request, in writing within ten (10) days of the City's request, that the City
inspect them at Franchisee's local office. If any documents or records of
Franchisee are not kept in a local office and/or are not made available in copies to
the City, and if the City determines that an examination of such documents or
records is necessary or appropriate for the enforcement of this Franchise, or to
verify Franchisee's compliance with terms or conditions of this Franchise, then all
reasonable travel and related costs incurred in making such examination shall be
paid by Franchisee.
Franchise Agreement - Page 9
13. NOTICES.
A. Any regular notice or information required or permitted to be given to the parties
under this Franchise may be sent to the following addresses unless otherwise
specified:
The City: City of Pasco
Attn: Dave Zabell, City Manager
525 North 3rd
Pasco WA 99301
Phone: (509) 545-3404
E -Mail Address: zabelld@pasco-wa.gov
Franchisee: Zayo Group, LLC
Attn: Dylan DeVito
1805 29th Street
Boulder CO 80301
(303) 414-1721
E -Mail Address: dylan.devito@zayo.com
B. Franchisee shall additionally provide a phone number and designated responsible
officials to respond to emergencies. After being notified of an emergency,
Franchisee shall cooperate with the City and make best efforts to immediately
respond to minimize damage, protect the health and safety of the public and repair
facilities to restore them to proper working order.
14. NON -WAIVER. The failure of the City to exercise any rights or remedies under this
Franchise or to insist upon compliance with any terms or conditions of this Franchise
shall not be a waiver of any such rights, remedies, terms or conditions of this Franchise
by the City and shall not prevent the City from demanding compliance with such terms or
conditions at any future time or pursuing its rights or remedies.
15. EMINENT DOMAIN. This Franchise is subject to the power of eminent domain and
the right of the City Council to repeal, amend or modify the Franchise in the interest of
the public. In any proceeding under eminent domain, the Franchise itself shall have no
value.
16. DAMAGE TO FACILITIES. Unless directly and proximately caused by the active sole
negligence of the City, the City shall not be liable for any damage to or loss of any
facilities as a result of or in connection with any public works, public improvements,
construction, excavation, grading, filling, or work of any kind on, in, under, over, across,
or within a public way done by or on behalf of the City.
Franchise Agreement -Page 10
17. GOVERNING LAW AND VENUE. This Franchise and use of the applicable public
ways will be governed by the laws of the State of Washington, unless preempted by
federal law. Franchisee agrees to be bound by the laws of the State of Washington, unless
preempted by federal law, and subject to the jurisdiction of the courts of the State of
Washington. Any action relating to this Franchise must be brought in the Superior Court
of Washington for Franklin County, or in the case of a Federal action, the United States
District Court for the Eastern District of Washington at Richland, Washington, unless an
administrative agency has primary jurisdiction. Prior to initiating any litigation under this
Agreement, the parties shall meet in a good faith effort to mutually resolve disputes.
18. SEVERABILITY. If any section, sentence, clause or phrase of this Franchise or its
application to any person or entity should be held to be invalid or unconstitutional by a
court of competent jurisdiction, such invalidity or unconstitutionality will not affect the
validity or constitutionality of any other section, sentence, clause or phrase of this
Franchise nor its application to any other person or entity.
19. MISCELLANEOUS.
A. Equal Employment and Nondiscrimination. Throughout the term of this
Franchise, Franchisee will fully comply with all equal employment and
nondiscrimination provisions and requirements of federal, state, and local laws,
and in particular, FCC rules and regulations relating thereto.
B. Local Employment Efforts. Franchisee will use reasonable efforts to utilize
qualified local contractors, including minority business enterprises and woman
business enterprises, whenever the Franchisee employs contractors to perform
work under this Franchise.
C. Descriptive Headings. The headings and titles of the sections and subsections of
this Franchise are for reference purposes only and do not affect the meaning or
interpretation of the text herein.
D. Costs and Attorneys' Fees. If any action or suit arises in connection with this
Franchise, the substantially prevailing party will be entitled to recover all of its
reasonable costs, including attorneys' fees, as well as costs and reasonable
attorneys' fees on appeal, in addition to such other relief as the court may deem
proper.
E. No Joint Venture. Nothing herein will be deemed to create a joint venture or
principal -agent relationship between the parties, and neither party is authorized to,
nor shall either party act toward third persons or the public in any manner that
would indicate any such relationship with the other.
Franchise Agreement - Page 11
F. Mutual Negotiation. This Franchise was mutually negotiated by the Franchisee
and the City and has been reviewed by the legal counsel for both parties. Neither
parry will be deemed to be the drafter of this Franchise.
G. Third -Party Beneficiaries. There are no third -parry beneficiaries to this Franchise.
H. Actions of the City or Franchisee. In performing their respective obligations under
this Franchise, the City and Franchisee will act in a reasonable, expeditious, and
timely manner. Whenever this Franchise sets forth a time for any act to be
performed by Franchisee, such time shall be deemed to be of the essence, and any
failure of Franchisee to perform within the allotted time may be considered a
material breach of this Franchise, and sufficient grounds for the City to invoke any
relevant remedy.
I. Entire Agreement. This Franchise represents the entire understanding and
agreement between the parties with respect to the subject matter and supersedes
all prior oral and written negotiations between the parties.
Modification. The parties may alter, amend or modify the terms and conditions of
this Franchise upon written agreement of both parties to such alteration,
amendment or modification. Nothing in this subsection shall impair the City's
exercise of authority reserved to it under this Franchise.
K. Non -exclusivity. This Franchise does not confer any exclusive right, privilege, or
authority to enter, occupy or use public ways for delivery of telecommunications
services or any other purposes. This Franchise is granted upon the express
condition that it will not in any manner prevent the City from granting other or
further franchises in, on, across, over, along, under or through any public way.
L. Rights Granted. This Franchise does not convey any right, title or interest in
public ways, but shall be deemed only as authorization to enter, occupy, or use
public ways for the limited purposes and term stated in this Franchise. Further,
this Franchise shall not be construed as any warranty of title.
M. Contractors and Subcontractors. Franchisee's contractors and subcontractors must
be licensed and bonded in accordance with the City's ordinances, rules, and
regulations. Work by contractors and subcontractors is subject to the same
restrictions, limitations and conditions as if the work were performed by
Franchisee.
Franchise Agreement - Page 12
20. INCORPORATION BY REFERENCE. This Agreement, specifically by this
reference, incorporates PMC Title 15. In the event of any dispute between the terms of
this Agreement and the provisions of Title 15 as they now exist, the provisions of Title 15
shall control.
21. PUBLICATION. The City Clerk is authorized and directed to publish a summary hereof
in accordance with Revised Code of Washington §§ 35A.13.200 and 35A.12.160.
22. EFFECTIVE DATE. This agreement shall take effect five (5) days following the
passage of an authorizing ordinance and publication of this Franchise, or a summary
thereof, occurs in a newspaper of general circulation in the City pursuant to RCW
35A.47.040, or upon execution by all parties hereto, whichever occurs later.
DATED this day of 2014.
CITY OF PASCO
Dave Zabell, City Manager
Attest:
Debra Clark, City Clerk
Approved as to Form:
Leland B. Kerr, City Attorney
Franchise Agreement - Page 13
ZAYO GROUP, LLC
President
STATE OF WASHINGTON )
:ss
County of Franklin )
On this day personally appeared before me Dave Zabell, City Manager of the City of Pasco,
to me known to be the individual described in and who executed the within and foregoing instrument,
and acknowledged that he signed the same as his free and voluntary deed for the uses and purposes
therein mentioned.
SUBSCRIBED and sworn to before me this _ day of 2014.
Notary Public in and for the State of Washington
Residing at
My Commission Expires
STATE OF COLORADO
:as
County of
On this day personally appeared before me , President of Zayo Group,
LLC, to me known to be the individual described in and who executed the within and foregoing
instrument, and acknowledged that he signed the same as his free and voluntary deed for the uses and
purposes therein mentioned.
and sworn to before me this _ day of 2014.
Notary Public in and for the State of Colorado
Residing at
My Commission Expires
Franchise Agreement - Page 14
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Ex"01011W-9 ' 17m
FOR: City Council
TO: Dave Zabell, City Manager
Rick White,
Community & Economic Development Director
FROM: Shane O'Neill, Planner I
November 19, 2014
Workshop Mtg: 11/24/14
Regular Meeting: 12/1/14
VVl
SUBJECT: Code Amendment: Highwav Follow -Through Signs (MF # CA2012-011
I. REFERENCES
1. Code Amendment Highway Follow -Through Signs — Proposed Ordinance
2. Code Amendment Highway Follow -Through Signs — Kiosk Sign Licensing
Requirements
3. Code Amendment Highway Follow -Through Signs — Memo to the Planning
Commission dated 10/16/2014
4. Code Amendment Highway Follow -Through Signs — Planning Commission Minutes
dated 10/16/2014
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
11/24: DISCUSSION
12/1: MOTION: I moved to adopt Ordinance No. , an ordinance
amending Title 17 providing for highway follow-through signs
and, further, authorize publication by summary only.
III. FISCAL IMPACT:
NONE
IV. HISTORY AND FACTS BRIEF:
A. The Community & Economic Development Department received requests from
private business owners to allow off-highway follow-through signs. These follow-
through signs are a pre -requisite for some businesses to participate in the WSDOT
on -highway logo program.
B. The Washington State Department of Transportation (WSDOT) administers a type of
on -highway business advertising program called the Motorist Information Sign
Program whereby businesses meeting certain criteria collocate business logos on
signs within the highway right-of-way.
C. As a pre -requisite to participate in the WSDOT Motorist Information Sign Program,
businesses which are not accessed directly from the city street stemming from the
highway off -ramp must have a type of directional sign called a follow -though sign.
Currently, this requirement conflicts with provisions of Title 17 prohibiting "off -
premise" signs. The attached Ordinance proposes to resolve this conflict.
D. Since November 2013, the Planning Commission has held a series of workshop
meetings to discuss the matter of highway follow-through signs in the city.
E. The Planning Commission held three public hearings in February, March and October
of 2014.
4(d)
V. DISCUSSION:
A. During their workshops and subsequent hearings, the Planning Commission reviewed
several sign locational options. Eventually it was decided that it would be appropriate
to limit the signs to a 900 -foot radius of all freeway interchanges within the city.
B. Notable aspects of the proposed code amendment include the following:
- Applicable to all freeway interchanges within the City;
- Limit of one sign structure in each direction of travel and within 900 feet
of the off -ramp intersection;
- Construction design to WSDOT standards;
- Size limitations.
C. Following considerable discussion on the matter the Planning Commission
recommended the proposed Ordinance be approved by Council.
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington,
Amending Title 17 "Sign Code" Providing for Highway
Follow -Through Signs.
WHEREAS, signs are presently regulated by Title 17 of the Pasco Municipal Code; and
WHEREAS, the Washington State Department of Transportation (WSDOT) regulates
traveler and tourist services signage on Interstate 182, State Route 395, State Route 397 and U.S.
Highway 12; and
WHEREAS, WSDOT requires follow-through signs to guide travelers from highways to
the location of the traveler and tourist services within the City; and
WHEREAS, Title 17 of the Pasco Municipal Code contains provision to authorize off -
premise direction sign kiosks for traveler and tourist services; and
WHEREAS, it is in the public interest to provide services to travelers and to promote
economic development within the city and to insure that qualified traveler and tourist services
within the city are eligible to have signage on Interstate 182, Highway 395, Highway 397 and
U.S. Highway 12, NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DO ORDAIN
AS FOLLOWS:
Section 1. That Chapter 17.03 entitled "Definitions" of the Pasco Municipal Code,
shall be and hereby is amended and shall read as follow:
57.01) SIGN — FOLLOW-THROUGH means a sign which identifies the location
of a business for the pumose of participating in the Washington State Department of
Transportation Motorist Information Sign Program.
Section 2. That Chapter 17.13 entitled "Off -Premise Signs" of the Pasco Municipal
Code, shall be and hereby is amended and shall read as follow:
17.13.090 HIGHWAY FOLLOW-THROUGH SIGNS
A) Location: To be determined by the City Engineer. Highway follow-through signs
may be placed within the City right-of-way no further than 900 linear feet from the associated
highway interchange as measured from the driving surface intersection of the State highway off -
ramp and the City right-of-way.
B) Number: A single follow-through sign structure shall be permitted for each
direction of roadway travel. A maximum of two follow-through signs per freeway interchange
shall be permitted.
Ordinance Amending Title 17 - 1
C) Size: Follow-through sign plates shall not exceed one hundred twenty (120)
square feet in area and shall not exceed an overall sign structure height of eight (8) feet Follow-
through signs plates shall not exceed a dimensional standard of ten (10) feet wide and twelve
(12) feet tall.
D) Duration: Follow-through signs may be removed by the City if the sign is
observed to be in a state of disrepair or becomes unsightly as determined by the Community &
Economic Development Director. A follow-through sign structure may be removed if the sign
structure lacks advertisements for any business with an active city of Pasco business license
Individual business signs shall be removed from the follow-through sign within six months of
business license expiration.
E) Permitting: Follow-through signs may be permitted in commercial and industrial
zones of the City through the building permit process in accordance with the standards listed
herein.
F) Materials: Follow-through signs shall be constructed of materials specified in
Chanter 9-28 of the Washington State Department of Transportation Standard Specifications for
Roads, Bridges and Municipal Construction (current edition). Generally, sign materials consist of
a single sheet of aluminum sign plate with blue or brown reflective backing supported by a single
metal sign pole.
G) Content: Follow-through sign advertisements shall be limited to business logos
identical to those used on the associated on -highway WSDOT motorist information sign and as
regulated by the WSDOT Motorist Information Sign Program.
H) Maintenance: The responsibility of follow-through sign maintenance shall be
borne by those businesses advertising on the sign.
1) Licensing: Follow-through signs are subject to the licensing requirements set forth
under Section 17.13.070.
Section 6. This Ordinance shall take full force and effect five (5) days after its
approval, passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, and approved as
provided by law this _ day of 2014.
Matt Watkins, Mayor
ATTEST:
Debbie Clark, City Clerk
Ordinance Amending Tide 17 - 2
Leland B. Kerr, City Attorney
Reference #2
Title 17 - Signs
Kiosk Sign Licensing Requirements
17.13.070 KIOSK LICENSES. All off -premise sign kiosks not erected by
the City must be covered by a license prior to permitting. All licenses shall be
approved by the City Council. At a minimum a licensee shall contain terms and
conditions that will permit the location and construction of an off -premise sign
kiosk. All licenses shall be prepared by the City Attorney and shall bind the
licensee to strict construction, design, maintenance, and sign message
conditions. Licenses shall be non-exclusive and will give the City the right to
authorize or reject the placement of individual sign plates based upon their
form, proportion, scale, color, materials, surface treatment, overall sign size,
and the size and style of the lettering, without restriction by content. The
licensee shall have an obligation to include sign plates of competing businesses
or developments if said sign plates are approved by the City.
Reference # 3
MEMORANDUM
DATE: October 16, 2014
TO: Planning Commission
FROM: Shane O Neill, Planner I
SUBJECT: Highway Follow -Through Sign Code Amendment (MF# CA 2012-011)
Many U.S. motorists with experience driving on our domestic freeways, highways
and interstates are familiar with the Department of Transportation standardized
on -highway business advertising sign program. These business advertising signs
are a cluster of 3 square foot business logo signs placed on a single (usually blue)
backing and include the associated exit number or distance measurement to the
business. These signs are called General Motorist Service Signs; and are generally
located well before the freeway exit where the business is located.
The Washington State Department of Transportation (WSDOT) Traffic Manual
contains a section on General Motorist Service Signs which requires off-highway
follow-through signage when services are not readily visible from an interchange
and when a business participating in the WSDOT on -highway sign program does
not have direct access to the roadway immediately extending from an off -ramp.
Follow-through signing provides motorists (after being directed off the state
highway) with confirmation to destinations.
Currently, the fore mentioned requirement for follow-through signs conflicts with
parts of Pasco's Sign Code (Title 17) which prohibit off -premise signs. An off -
premise sign is defined as a sign that carries a message of any kind or directs
attention to a business, commodity, service, or entertainment conducted, sold, or
offered elsewhere than upon the premises where such sign is located, or to which
it is affixed. Because of this conflict staff is proposing to amend PMC Title 17 to
permit follow-through signs as required for participation in the WSDOT on -
highway sign program.
In developing specific Code language Planning staff has coordinated with
Engineering Department staff to ensure the proposal will function well and meets
both department's needs. The proposed code amendment is attached. A majority of
the newly proposed sign code language is contained on page nine.
Highlights include:
- Applicable to all freeway interchanges within the City;
- Limit of one sign structure in each direction and within 900 feet of the off -
ramp intersection;
- Construction design to WSDOT standards.
- Size limitations and allowable increases via special permit
Reference # 3
Since the March 2014 Planning Commission public hearing staff has inserted
additional language that would modify the proposed code amendment to include
all interchanges within the city. The attached ordinance intends to eliminate any
selective advantage to a given interchange or nearby property. The key to the
follow-through signage is the ability to be a qualifying service (food, gas, lodging,
recreational services, etc.) and be able to get the initial freeway WSDOT approved
signage. With that understanding - staff respectively requests the Commission
discuss the appropriateness of the proposed amendment on a city-wide basis.
Reference #4
Planning Commission Minutes
October 16, 2014
H. Code Amendment Revisions to PMC Title 17 (Signs) dealing
with Highway Follow -Through Signs (MF#
CA 2011-0111
Chairman Cruz read the master file number and asked for comments from
staff.
Rick White, Community & Economic Development Director, discussed the code
amendment for revisions to PMC Title 17 (Signs) dealing with highway follow-
through signs. The Commission has seen this item several times. After
meeting with the Department of Transportation, the Engineering Department
and working out code language, a proposed ordinance that uses existing
language in the sign code, will allow for highway follow-through signs with the
same parameters that the Commission has given approval at previous
workshops on this issue. It captures all of the permitting requirements
necessary for the State Code.
With no further comments the public hearing closed.
AGENDA REPORT
FOR: City Council
TO: Dave Zabell, City Manager
FROM: Stan Strebel, Deputy City MCCCan///ager�n
SUBJECT: Purchasing and Surplus Policies
I. REFERENCE(S):
1. Purchasing and Surplus Policies — Proposed Ordinance
November 18, 2014
Workshop Mtg.: 11/24/14
Regular Mtg.: 12/1/14
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
11/24: Discussion
12/1: MOTION: I move to adopt Ordinance No. , adding a new Chapter 3.85
to the Pasco Municipal Code regarding purchasing and revising
PMC Section 2.46.080 regarding the authority to sell personal
property and, farther, to authorize publication by summary only.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) The City has a fairly complete set of purchasing polices regarding public works
projects contained in PMC Chapter 14.11. Purchases in this category fall under
specific guidelines pursuant to state law.
B) The City lacks a comprehensive policy for non-public works purchases. Staff
proposes the creation of a new PMC Chapter 3.85 as the logical place for such
policies. The proposed ordinance outlines procedures for administering purchases
of less than $35,000; for purchases of between $35,000 and $100,000 and for
purchases of services. The authority of the City Manager to make purchases in
amounts of up to $35,000 for services or up to $100,000 for products is limited by
budget authority as described in the ordinance.
C) The draft ordinance also includes a proposed revision to the limit of the value of
surplus property that staff can sell without Council authorization, raising the
amount from $500 to $10,000. The new limit is suggested as a means to provide
staff greater flexibility in the disposal of surplus items in order to secure greater
return available through emerging methods of disposal.
V. DISCUSSION:
A) Staff recommends Council approval of the attached ordinance.
4(e)
ORDINANCE NO.
AN ORDINANCE of the City of Pasco, Washington, establishing a new
Chapter 3.85 "Purchasing" of the Pasco Municipal Code, repealing Section
14.11.020 "Purchase of materials, supplies or equipment not connected to a public
works project under thirty-five thousand dollars ($35,000.00)" and amending
Section 2.46.080 "Authority to Sell Personal Property."
WHEREAS, the Washington State law (RCW 39.04.190) authorizes the City Council to
establish purchasing procedures and authorization for materials, supplies or equipment not
connected to a public works project; and
WHEREAS, in order to provide clearer direction to City staff for the authority and
procedures for purchases of materials, supplies or equipment for the establishment of a vendor
list for purchases in excess of $35,000; and
WHEREAS, PMC 14.11.020, addressing the purchase and procedure for non-public
work projects is more appropriate for inclusion within the new Chapter 3.85 "Purchasing" and
should be repealed to provide for such consistency; and
WHEREAS, the City Council deems it advisable to amend Section 2.46.080 regarding
the limits for administrative decision on the disposal of surplus personal property, NOW
THEREFORE,
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, DOES
ORDAIN AS FOLLOWS:
Section 1. That a new Chapter 3.85 entitled "Purchasing" of the Pasco Municipal Code
shall be and hereby is adopted and shall read as follows:
Chanter 3.85
PURCHASING
Sections:
3.85.010 Purchase of Materials, Supplies or Equipment in an Amount of $35,000 or
Less, Not Connected to a Public Works Project.
3.85.020 Purchase of Materials, Supplies or Equipment in an Amount Between $35,000
and $50,000, Not Connected to a Public Works Project.
3.85.030 Purchase of Services.
3.85.010 PURCHASE OF MATERIALS, SUPPLIES OR EQUIPMENT IN AN
AMOUNT OF LESS THAN $35,000, NOT CONNECTED TO A PUBLIC WORKS PROJECT.
The City Manager is authorized to make purchases of any materials, supplies or equipment, not
connected to a public works project as authorized in the City's annual budget with sufficient
funds available, where the cost will be less than $35,000 for such items, using such procedures as
will best assure the lowest practical price for such items.
3.85.020 PURCHASE OF MATERIALS, SUPPLIES OR EQUIPMENT IN AN
AMOUNT BETWEEN $35,000 AND $100,000, NOT CONNECTED TO A PUBLIC WORKS
PROJECT. For the purchase of any materials, supplies or equipment in an amount between
$35,000 and $100,000, not connected to a public works project, which purchase is included in
the City's current annual budget and sufficient funds available, in lieu of informal or formal
sealed bidding procedures, the City may use the following process:
A) Publication of Notice. At least twice a year, the City shall cause to be published, in
the City's official newspaper, notice of the existence of roster(s) of vendors for materials,
supplies and equipment, and shall solicit names of vendors for the roster. The City may contract
with Municipal Research and Services Center of Washington (MRSC rosters) to publish such
notices on the City's behalf.
B) Electronic Rosters. In addition to paper and/or electronic vendor lists kept on file in
the appropriate City department, the City may also use the statewide electronic database as
developed and maintained for that purpose, including that database maintained jointly by the
Daily Journal of Commerce and the Municipal Research and Services Center of Washington
(MRSC rosters).
C) Telephone Quotations. The City shall use the following process to obtain telephone
quotations from vendors for the purchase of materials, supplies, or equipment:
1) A written description shall be drafted of the specific materials, supplies, or
equipment to be purchased, including the number, quantity, quality, and type desired, the
proposed delivery date, and any other significant terms of purchase;
2) The responsible City staff member shall make a good faith effort to contact at
least three of the vendors on the roster to obtain telephone solicitation quotations from the
vendors for the required materials, supplies, or equipment;
3) The responsible City staff member shall not share telephone quotations from
any vendor with other vendors solicited for the bid on the materials, supplies, or
equipment;
a. A written record shall be made by the City representative of each vendor's
bid on the materials, supplies, or equipment, and of any conditions imposed on the
bid by such vendor.
D) Determining the Lowest Responsible Bidder. The City Manager shall purchase the
materials, supplies or equipment from the lowest responsible bidder; provided that whenever
there is a reason to believe that the lowest acceptable bid is not the best price obtainable, all bids
may be rejected and the City may call for new bids. In addition to the price, the City may
consider the following factors in determining the lowest responsible bidder:
1) The integrity, reputation, experience, ability and capacity of the bidder;
2) The quality of the articles to be supplied by the bidder;
3) Preference to Washington products and vendors as permitted by law;
4) Conformity with City standards and compatibility with existing facilities;
5) The quality and efficiency of performance of previous contracts;
6) Timing and availability of delivery; and
7) Such other information that may assist in the decision to award the contract.
Chapter 3.85 "Purchasing"
Page 2
E) Award. The responsible City staff member shall submit to the City Manager all
telephone quotations and recommendations for award of the contract to the lowest responsible
bidder. The City Manager shall review the quotation and recommendations by City staff and
award the contract to the lowest responsible bidder. A written record of each vendor's quotations
shall be made open to public inspection or telephone inquiry after the award of the contract. Any
contract awarded under this subsection need not be advertised.
3.85.030 PURCHASE OF SERVICES
A) Architectural, engineering, surveying or landscape architectural services shall be
procured under the provisions of PMC 2.56.
B) The procurement of other professional services, excluding those listed in sub
section (A) shall be at the discretion of the City Manager and may or may not require advertising
and a forward selection process, depending on the type and availability of such services.
C) The City Manager is authorized to procure services for purposes as authorized in
the City's annual budget with sufficient funds available, when the cost will be less than $35,000
for such services, using such procedures as required in this section, as applicable, or as will best
assure the lowest practical price for such services.
Section 2. That Chapter 14.11.020 entitled "Purchase of materials, supplies or equipment
not connected to a public works project under thirty-five thousand dollars ($35,000.00)" of the
Pasco Municipal Code shall be and hereby is repealed.
Section 3. That Section 2.46.080 is hereby amended to read as follows:
2.46.080 AUTHORITY TO SELL PERSONAL PROPERTY. The supplies, materials,
and equipment not needed for public use may be disposed of by the City pursuant to this section.
A) Personal property with an estimated value, per item, of less than $30010,000 may
be declared surplus by the City Manager and disposed of in a manner determined by the Manager
to be most advantageous to the City, pursuant to Section 2.46.090.
B) Personal property valued in excess of $30010,000, per item, may be declared
surplus and disposed of with authorization from the City Council, including minimum sale price,
if any, and the manner of disposal.
D) Personal property may be traded as consideration in the acquisition of replacement
personal property when such replacement property is included as an authorized expenditure in
the City's current operating budget.
Chapter 3.85 "Purchasing"
Page 3
E) Salvage/junk metals that have accumulated for purposes of sale as scrap metals may
be disposed of by the Department Head having responsibility for such materials, in which case
the metals shall be sold to the local dealer(s) offering the best current market price per measured
weight or volume determined by telephone surveyor other reasonable means. (Ord. 3820, 2007;
Ord. 2787 Sec. 1, 1990; Prior code Sec. 2-11.04)
Section 4. Severability. If any term, condition, or provision of this Chapter shall, to any
extent, be held to be invalid or unenforceable by a valid order of any court or regulatory agency,
the remainder hereof shall be valid in all other respects and continue to be effective. In the event
of a subsequent change in applicable law so that the provision which had been held invalid is no
longer invalid, said provision shall thereupon return to full force and effect without further action
by the City and shall thereafter be binding on the franchisee and the City.
Section 5. This Ordinance shall be in full force and effect five days after passage and
publication as required by law.
PASSED by the City Council of the City of Pasco, at its regular meeting of
.2014.
Matt Watkins, Mayor
ATTEST:
APPROVED AS TO FORM:
Debra Clark, City Clerk Leland B. Kerr, City Attorney
Chapter 3.85 "Purchasing"
Page 4
AGENDA REPORT
FOR: City Council //��
TO: Dave Zabell, City ManagerlN K
FROM: Stan Strebel, Deputy City MYa ager w
SUBJECT: City Council Districts
I. REFERENCE(S):
November 17, 2014
Workshop Mtg.: 11/24/14
1. City Council Districts - Map of Current Council Districts
2. City Council Districts - Matrix, Population by precinct/District, Current
3. City Council Districts - District Option 1
4. City Council Districts - District Option 2
5. City Council Districts - District Option 4
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
11/24: Discussion
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
A) PMC Chapter 1.10 provides that five of the seven City Council positions be filled
by citizens residing in the respective district. The ordinance was established in
1971 in an effort to assure geographic representation and, in particular, to assure
an opportunity for ethnic representation on the City Council. As a precaution (to
assure "equal representation" as required undo the Constitution), the ordinance
further requires that no district may be more 'than 10% greater or smaller than
another district ("10%" rule). Section 1.10.010 of the PMC reads: "The City is
divided into five voting districts. Each district shall be a nearly equal in
population as possible; compact as possible; consist of geographically contiguous
area; be configured as to not favor or disfavor any racial group or political party;
and to the extent feasible, coincide with ;the existing recognized natural
boundaries so as to preserve existing communities of related and mutual interest."
B) Given ordinary community growth rates, the City Council districts were revised
once every 10 years, following the decennial federal census. With the rapid
growth of Pasco over the past decade and a h*, however, the district boundaries
have required adjustment every two years in order to comply with the "10% rule."
With the last effort (2013) Council briefly considered the possibility of going to a
three -district system, with two Councilmembe}s elected from each district (with
the remaining member elected at -large) as a means of maintaining geographic
representation on the Council but providing groater flexibility in defining district
boundaries as the 10% variation would be based on larger numbers.
C) Prior to adjusting district boundaries in 2011, staff worked with the county auditor
to reduce the size of precincts, particularly in the older part of the city. As a
result, about a dozen precincts were split in two, both in the older area and the
plateau (to accommodate anticipated growth).: Those changes helped to provide
more flexibility, but there is still a significant disparity between population (the
City's required measurement) and registered voters (the County's basis for setting
precincts) in many precincts which results in significant challenges to setting
district boundaries.
4(f)
D) Earlier this fall, staff did have success in secuXing from the County Auditor an
agreement to work with the City in "splitting"!a limited number of precincts, if
needed to develop reasonable and fair Council district boundaries.
E) Another factor that Council will need to consider is the recent lawsuit filed by the
ACLU against the City of Yakima, wherein it was determined by the Court that
Yakima's five -district system resulted in diminishing the voting rights of
Yakima's sizeable Latino community. The final resolution of the case is still
unknown.
F) The current population estimates, by district (and based on state OFM population
estimates), reflect a disparity greater than 10% Thus, action is required by the
City Council to revise the Council district boundaries in advance of the 2015
municipal election (filing period is the week of May 11). Revisions should be
completed by March (at latest), so as to provide sufficient notice to the
community in advance of the election filing period. Any revision must be
preceded by a public hearing.
V. DISCUSSION:
A) Clearly, the continuing population growth requires Council action to adjust the
district boundaries to reflect the spirit and letter of state and local law. Staff has
developed three options to begin the dialogue qn district boundary revisions. As
Council previously discussed, but did not favor a change from the five -district
plan, only options on the five -districts are attached hereto. As has been the case
in the past. Council will clearly see that districts can be drawn more logically and
compactly if residency is not a consideration (Council should keep in mind that
while a change in district lines can effect the ability of an incumbent to run for re-
election, such a change cannot effect an incumbent during his/her elected tern of
office). For reference, terns for incumbents are; as follows:
Expiring 12/31/15 Expiring 12/31/17
Yenney, District No. 1 Garrison, District No. 2
Francik, District No. 5 Hoffmann, District No. 3
Watkins, At Large, Position 6 Martinez, District No. 4
Larsen, At Large, Position 7
B) While there appear to be some questions as to whether it is allowed under current
state law, the concept of having only voters within a district vote for district
candidates in the general election has been advanced by plaintiffs in the Yakima
lawsuit. Again, the final outcome of the case i� unknown; however, Council may
want to be aware of possible requirements that'may come as a result of the case,
filed under the federal voting rights law.
C) No decision of Council is required at this time. i The information presented herein
is to initiate discussion on the direction that the City will take. Staff will monitor
the Yakima case as well as consider other open issues before coming back to
Council after January 1, 2015.
D) As the election filing period begins May 11, 2415 and a public hearing(s) should
be conducted before Council takes final action on any plan, staff suggests that
such public hearing(s) scheduled in February would permit final action in early
March, thereby providing about 60 days lead time prior to the filing deadline.
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Council District Options 2013
City of Pasco
Current Council Districts 2014
Precinct
Population
Current 2014
1
2
3
4
5
001
5,170
1
5,170
002
3,570
1
3,570
003
1,788
1
1,788
004
2,177
1
2,177
005
1,733
3
1,733
006
1 1,429
3
1,429
007
2,046
3
2,046
008
410
3
410
009
1,338
3
1,338
010
1,125
2
1,126
011
1,147
2
1,147
012
1,275
2
1,275
013
1,241
1
1,241
014
1,118
2
1,118
015
1 1,237
2
1,237
016
1,525
2
1,525
017
1,930
2
1,930
018
1,139
2
1,139
019
1,018
5
1,018
020
396
2
396
021
121
2
121
022
1,018
3
1,018
023
1,063
3
1,063
024
411
3
411
025
270
3
270
026
438
5
438
027
456
2
456
028
253
2
253
029
275
2
275
030
238
2
238
031
140
2
140
032
2,052
3
2,052
033
598
3
598
034
541
4
541
035
599
3
599
036
896
5
896
037
2,035
4
2,035
038
888
3
888
039
1,094
4
1,094
040
1,808
5
1,808
041
402
5
402
042
1,027
4
1
1,027
043
973
4
973
044
965
4
965
045
2,513
4
2,513
046
1,592
4
1,592
047
100
5
100
048
596
5
596
049
618
5
618
050
j 1,302
4
1,302
051
1,188
4
1,188
052
1,174
51,174
053
1,269
5
1,269
054
798
5
7g$
055
1,041
4
1,041
056
1,074
5
1,074
057
677
5
677
058
1 73
5
73
059
718
5
718
060
062
063
101
184
890
585
3
5
5
5
1
3
_
184
890
585
Grand Total
67,770
Totals
13,948
12,376
13,856
14,272
13,318
13,554
12,876
14,232
394
(1,178)
302
718(23611
Ideal Lo Hi
Minimum
(678)1 678 12,376
Le al Max
1 13,613
Actual Max
I14,272
Difference
659
Printed 11/18/2014
Council District Options 2014 2014-10-31 Page 1 of 1 at 10:17 AM
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