HomeMy WebLinkAbout2021.01.19 Council Remote Meeting Packet
AGENDA
City Council Regular Meeting
7:00 PM - Tuesday, January 19, 2021
Council Chambers
Page
1. REMOTE MEETING INSTRUCTIONS - Governor Inslee's Proclamation No.
20-28, made in response to the COVID-19 emergency, prohibits members of
the public from attending City meetings in-person but requires agencies to
provide options for the public to participate in remotely. To best comply, the
City asks all members of the public that would like to comment regarding
items on the agenda, where the public is allowed to speak, to fill out a form
via the City’s website (www.pasco-wa.gov/publiccomment) to obtain access
information to comment. Requests to comment in meetings must be
received by 4:00 p.m. on the day of each meeting.
To listen to the meeting via phone, call (562) 247-8422 and use access code
465-398-545.
City Council meetings are broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive and on the City’s Facebook page at
www.facebook.com/cityofPasco.
2. CALL TO ORDER
3. ROLL CALL
(a) Pledge of Allegiance
4. CONSENT AGENDA - All items listed under the Consent Agenda are
considered to be routine by the City Council and will be enacted by roll call
vote as one motion (in the form listed below). There will be no separate
discussion of these items. If further discussion is desired by Council
members or the public, the item may be removed from the Consent Agenda
to the Regular Agenda and considered separately.
6 - 15 (a) Approval of Meeting Minutes
To approve the minutes of the Pasco City Coun cil remote Meeting
held on January 4, 2021 and remote Workshop held on January 11,
Page 1 of 185
2021.
16 - 19 (b) Bills and Communications
To approve claims in the total amount of $3,710,402.98
($2,681,672.06 in Check Nos. 239442-239716; $118,012.87 in
Electronic Transfer Nos. 830545, 830594, 830596-830598;
$13,514.69 in Check Nos. 53504-53513; $894,490.44 in Electronic
Transfer Nos. 30156289-30156800; $2,712.92 in Electronic Transfer
Nos. 748-756).
To approve bad debt write-off for Utility Billing, Ambulance,
Cemetery, General Accounts, Miscellaneous Accounts, and Municipal
Court (non-criminal, criminal, and parking) accounts receivable in the
total amount of $124,644.22 for November 2020 and $179,306.99 for
December 2020 and, of that amount, authorize $0.00 to be turned
over for collection.
20 - 33 (c) Ordinance - Code Amendment Waterfront Development District
(MF# CA2019-007)
To adopt Ordinance No. 4514, creating Chapter 25.127 of the Pasco
Municipal Code, "Waterfront Development District" and, further,
authorize publication by summary only.
34 - 102 (d) Ordinance - 2018 International and State Code Updates
To adopt Ordinance No. 4515, amending Section 3.35.030, Building
Permit Fees, and Title 16, Buildings and Construction, of the Pasco
Municipal Code relating to updates to the Washington State Building
Code; and further; authorize publication by summary only.
103 - 121 (e) Resolution - Interlocal Cooperation Agreement for Quad-City
Water Rights
To approve Resolution No. 4026, authorizing the City Manager to
sign and execute the Interlocal Cooperative Agreement for
administration and funding of Quad City Water Right Mitigation Model
& Operating Procedure.
122 - 131 (f) Resolution - Interlocal Agreement with Franklin Conservation
District for Municipal Water Rights
To approve Resolution No.4027, authorizing the City Manager to sign
and execute the Interlocal Cooperative Agreement, pursuant to the
Interlocal Cooperation Agreement Act, RCW 39.34, for Municipal
Water Rights with the Franklin Conservation District.
132 - 147 (g) Resolution - Approving New Master Services Agreement with
Paymentus Corporation
Page 2 of 185
To adopt Resolution No. 4028, approving the Sole Source Worksheet
and a new Master Services Agreement with Paymentus Corporation
for billing services and, further, authorize the City Manager to execute
the agreement.
148 - 172 (h) Purchase and Sale Agreement - Autozone/Fire Station 87
To approve Resolution No. 4030, authorizing the purchase of 2.1
acres in the NE section of the City for location of future Fire Station
No. 87 and further, authorize the City Manager to execute the
Purchase Sale Agreement with Auto Zone Parts Incorporated.
(RC) MOTION: I move to approve the Consent Agenda as read.
5. PROCLAMATIONS AND ACKNOWLEDGEMENTS
173 (a) Proclamation - Community Risk Reduction Week
6. REPORTS FROM COMMITTEES AND/OR OFFICERS
(a) Verbal Reports from Councilmembers
7. HEARINGS AND COUNCIL ACTION ON ORDINANCES AND
RESOLUTIONS RELATING THERETO
8. ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
174 - 183 (a) *Resolution - Project Acceptance: Pearl Street Lift Station
MOTION: I move to approve Resolution No. 4029, accepting work
performed by C&E Trenching, LLC., under contract for the Pearl
Street Lift Station Project.
9. UNFINISHED BUSINESS
184 - 185 (a) Performance of a City Official
MOTION: I move to accept the final report by Kenbrio Inc. reflecting
the City Council's corporate view of the City Manager's performance
for the period June 2019 - June 2020.
10. NEW BUSINESS
11. MISCELLANEOUS DISCUSSION
12. EXECUTIVE SESSION
(a) To Consider Acquisition of Real Estate per RCW 42.30.110 (b)
Page 3 of 185
13. ADJOURNMENT
14. ADDITIONAL NOTES
(a) (RC) Roll Call Vote Required
* Item not previously discussed
Q Quasi-Judicial Matter
MF# “Master File #....”
(b) Adopted 2020-2021 Council Goals (Reference Only)
(c) REMINDERS
• Tuesday, January 19, 4:00 PM: Pasco Public Facilities
District Board Meeting – Council Chambers, Pasco City
Hall (COUNCILMEMBER CRAIG MALONEY, Rep.;
COUNCILMEMBER DAVID MILNE, Alt.)
• Tuesday, January 19, 6:00 PM: LEOFF Disability Board –
Virtual Meeting by GoToMeeting (MAYOR SAUL
MARTINEZ, Rep.; MAYOR PRO TEM BLANCHE BARAJAS,
Alt.)
• Thursday, January 21, 3:30 PM: Franklin County
Emergency Management Council Meeting – Virtual
Meeting (COUNCILMEMBER CRAIG MALONEY, Rep.;
MAYOR SAUL MARTINEZ, Alt.)
• Thursday, January 21, 4:00 PM: Tri-Cities National Park
Committee Meeting – Virtual Meeting (MAYOR SAUL
MARTINEZ, Rep.; MAYOR PRO TEM BLANCHE BARAJAS,
Alt.)
• Monday, January 25, 4:00 PM: Hanford Area Economic
Investment Fund Advisory Committee Meeting – Virtual
Meeting (COUNCILMEMBER PETE SERRANO, Rep.)
• Thursday, January 28, 4:00 PM: TRIDEC Board Meeting –
Virtual Meeting (COUNCILMEMBER DAVID MILNE, Rep.;
COUNCILMEMBER CRAIG MALONEY. Alt.)
• Thursday, January 28, 5:30 PM: Benton Franklin
Community Action Connections Board Meeting – Virtual
Meeting (COUNCILMEMBER ZAHRA ROACH, Rep.;
MAYOR SAUL MARTINEZ, Alt.)
This meeting is broadcast live on PSC-TV Channel 191 on
Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive.
Audio equipment available for the hearing impaired; contact the
Clerk for assistance.
Servicio de intérprete puede estar disponible con aviso. Por
Page 4 of 185
favor avisa la Secretaria Municipal dos días antes para
garantizar la disponibilidad. (Spanish language interpreter
service may be provided upon request. Please provide two
business day's notice to the City Clerk to ensure availability.)
Page 5 of 185
AGENDA REPORT
FOR: City Council January 13, 2021
TO: Dave Zabell, City Manager Remote Regular Meeting:
1/19/21
FROM: Debby Barham, City Clerk
Administrative & Community Services
SUBJECT: Approval of Meeting Minutes
I. REFERENCE(S):
1.4.21 & 1.11.21 Draft Council Minutes
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve the minutes of the Pasco City Coun cil remote Meeting held on
January 4, 2021 and remote Workshop held on January 11, 2021.
III. FISCAL IMPACT:
None
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 6 of 185
MINUTES
Remote Regular Meeting
7:00 PM - Monday, January 4, 2021
GoToWebinar
CALL TO ORDER
The meeting was called to order at 7:00 PM by Saul Martinez, Mayor.
REMOTE MEETING INSTRUCTIONS
Governor Inslee's Proclamation No. 20-28, made in response to the COVID-19
emergency, continued to prohibit members of the public from attending City
meetings in-person but required agencies to provide options for the public to
participate in remotely. To best comply, the City asked all members of the
public that would like to comment regarding items on the agenda to fill out a
form via the City’s website (www.pasco-wa.gov/publiccomment). As of 4:00
p.m. on Monday, January 4, 2021, ten (10) individuals requ ested to speak
during the meeting related to topics scheduled on the agenda.
ROLL CALL
Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig
Maloney, Saul Martinez, David Milne, Zahra Roach, and Pete Serrano.
Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City
Manager; Colleen Chapin, Human Resources Director; Eric Ferguson,
City Attorney; Bob Gear, Fire Chief; Zach Ratkai, Administrative &
Community Services Director; Ken Roske, Police Chief; Richa Sigdel,
Finance Director; Rick White, Community & Economic Development
Director; Steve Worley, Public Works Director; and Debby Barham, City
Clerk.
The meeting was opened with the Pledge of Allegiance.
CONSENT AGENDA
Approval of Meeting Minutes
To approve the minutes of the Pasco City Coun cil remote Meeting held
Page 1 of 6Page 7 of 185
on December 7, 2020.
Bills and Communications
To approve claims in the total amount of $7,451,712.37 ($4,662,780.25
in Check Nos. 238963-239441; $596,704.96 in Electronic Transfer Nos.
830179-830269, 830292-830324, 830330-830458, 830462, 830465;
$23,861.25 in Check Nos. 53486-53503; $2,164,792.85 in Electronic
Transfer Nos. 30155265-30156288; $3,573.06 in Electronic Transfer
No. 738-739, 745).
MOTION: Mayor Pro Tem Barajas moved to approve the Consent
Agenda as read. Mr. Serrano seconded. Motion carried by unanimous
Roll Call vote.
REPORTS FROM COMMITTEES AND/OR OFFICERS
Verbal Reports from Councilmembers
Ms. Roach commented about the Hanford Communities Board and a
recent Department of Energy's report related to hazardous waste.
Mayor Martinez commented on the meetings he attended related to
COVID-19. Also, Mayor Martinez and Mr. Zabell had the opportunity to
meet with the new Washington State legislators while advocating for the
City of Pasco.
ORDINANCES AND RESOLUTIONS NOT RELATING TO HEARINGS
Ordinance - Story Family Rezone RS-20 to R-1 (Z 2020-006)
Mr. White provided a brief overview of the proposed rezone.
MOTION: Mayor Pro Tem Barajas moved to adopt Ordinance No. 4513,
rezoning a parcel located at 4011 Road 96 from RS -20 to R-1, and
further, authorize publication by summary only. Mr. Milne seconded.
Motion carried unanimously.
Ordinance - Repeal and Replace Ordinance No. 4331 (ZD 2016-003)
Mr. White provided a brief history of the 2016 annexation and zoning of
the property. It was discovered that the original Ordinance No. 4331
contained an error with the legal description.
MOTION: Mayor Pro Tem Barajas moved to repeal Ordinance No. 4331
and adopt Ordinance No. No. 4331A to correct the legal description of
the R-S-1 and R-1 zoning districts for a parcel of land located north of
Burns Road and west of Broadmoor Boulevard, and further, authorize
Page 2 of 6Page 8 of 185
publication by summary only. Ms. Roach seconded. Motion carried
unanimously.
Resolution - Communication Site License Agreement with AT&T
(Water Tower)
Mr. Worley provided a brief report related to the proposed
Communication Site License.
MOTION: Mayor Pro Tem Barajas moved to approve Resolution No.
4022, for the revised Communication Site License Agreement with New
Cingular Wireless PCS, LLC (AT&T) and further authorize the City
Manager to execute the revised Agreement. Mr. Alvarado seconded.
Motion carried unanimously.
Resolution - Accept Work - City Hall Remodel Phase 2
Mr. Ratkai provided a brief overview of the proposed acceptance of work
performed for the City Hall Remodel Project, Phase 2.
Mr. Alvarado requested that Council receive some photos of the
remodel.
MOTION: Mayor Pro Tem Barajas moved to approve Resolution No.
4023, accepting work performed by Booth and Sons LLC, for the City
Hall Remodel Project Phase 2. Mr. Maloney seconded. Motion carried
unanimously.
Resolutions - Ratify Emergency Orders Related to COVID-19
Mr. Zabell notified Council that the two Emergency Orders expired at the
end of 2020 and due to the continued COVID-19 pandemic, the EOs
needed to be extended. The Mayor signed the amended EOs before the
end of the year and now they need to be ra tified by Council at this
meeting.
MOTION: Mayor Pro Tem Barajas moved to approve Resolution No.
4024, ratifying Emergency Order No. 2020-004.2, relating to extending
temporary expansion of administrative paid leave for City of Pasco staff.
Mr. Milne seconded. Motion carried unanimously
MOTION: Mayor Pro Tem Barajas moved to approve Resolution No.
4025, ratifying Emergency Order No. 2020-005.3, relating to extending
temporary change in leave policies. Ms. Roach seconded. Motion
carried unanimously.
NEW BUSINESS
Page 3 of 6Page 9 of 185
DPDA Funding Agreement Extension
Mr. White explained the purpose of extending the Downtown Pasco
Development Authority (DPDA) 2020 Funding Agreement.
MOTION: Mayor Pro Tem Barajas moved to extend the 2020 Downtown
Pasco Development Authority Funding Agreement through March of
2021. Mr. Serrano seconded. Motion carried unanimously.
Bid Award - Chapel Hill Park Construction
Mr. Ratkai provided a brief report related to the proposed bid award for
the construction of the Chapel Hill Park.
MOTION: Mayor Pro Tem Barajas moved to award t he bid for
construction of Chapel Hill Park to Total Site Services in the amount of
$728,006.05, including Washington State Sales Tax, and further
authorize the City Manager to execute the contract documents. Mr.
Milne seconded. Motion carried unanimously.
Option to Resume Partial In-Person Public Meetings
Mr. Lincoln reported on Governor Inslee's Proclamation No. 20.28.14
relating to partial "in-person" meetings, where attendance with a limited
number of participants in the Council Chambers is possible following the
protection requirements of wearing masks, sanitize supplies and limited
capacity of individuals in Council Chambers.
Mayor Martinez opened the topic for public comments.
1. Eileen Crawford, Pasco resident, expressed support for the
partial in-person meeting attendance.
2. Steve Simmons, Pasco resident, expressed support for the partial
in-person meeting attendance.
3. James Dewey, Pasco resident, expressed support for the partial
in-person meeting attendance.
Council discussion ensued regarding the proposed partial "in-person"
Council meetings, while retaining the virtual attendance option for those
individuals who prefer maintain remote access to the meetings.
Further discussion on the topic will continue at future meetings.
MISCELLANEOUS DISCUSSION
Memorandum Submitted by Councilmember Serrano
Mr. Zabell explained that Mr. Serrano's memorandum was related to
Page 4 of 6Page 10 of 185
COVID-19 restrictions was Mr. Serrano's attempt to bring this topic
forward to Council for discussion.
Mr. Serrano commented on the memo he prepared and expressed his
concerns for those local businesses that continue to be closed based on
the Safe Start Washington mandate. He expressed support for the
reopening of those businesses and noted that the draft ordinance still
needs to be reviewed by the City Attorney's Office. He further explain ed
that the draft ordinance was a mechanism to start the conversation on
reopening businesses within the City of Pasco.
Mayor Martinez stated that this topic came from an individual
Councilmember and has not been discussed among Council or any of
the City's Boards or Commissions.
Mayor Martinez opened the topic for public comments.
1. Leo Morales, Pasco resident, expressed support for reopening
local businesses following safety mandates.
2. Eileen Crawford, Pasco resident, expressed support for
reopening local businesses following safety mandates.
3. James Dewey, Pasco resident, expressed support for reopening
local businesses.
4. Jeffrey Robinson, Pasco resident, expressed frustration related to
the draft ordinance and stated that no communications were sent
to the Inclusion, Diversity and Equity Commission (IDEC) before
it was published in the Council Agenda Packet.
5. Steve Simmons, Pasco resident, expressed support for
reopening local businesses.
6. Tara Childs, Pasco resident, expressed support for reopening
local businesses.
7. Charles Grimm, Pasco resident, expressed support for reopening
local businesses.
8. Michael Miller, Richland resident, expressed support for
reopening local businesses, specifically, local restaurants.
Council discussed their thoughts on the COVID-19 restrictions and
whether or not the City's endorsement of reopening local businesses
would cause legal issues and liability against the City.
Mr. Zabell observed that the majority of Council did not desire to move
this item forward and Mayor Martinez confirmed that observatio n.
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:20
p.m.
Page 5 of 6Page 11 of 185
PASSED and APPROVED this ____ day of _______________, 20__.
APPROVED: ATTEST:
Saul Martinez, Mayor Debra Barham, City Clerk
Page 6 of 6Page 12 of 185
MINUTES
Remote Workshop Meeting
7:00 PM - Monday, January 11, 2021
GoToWebinar
REMOTE WORKSHOP INSTRUCTIONS
The Pasco City Council Workshop was broadcast live on PSC -TV Channel 191
on Charter/Spectrum Cable in Pasco and Richland and streamed at
www.pasco-wa.gov/psctvlive and on the City’s Facebook page at
www.facebook.com/cityofPasco. Call-in information to GoToWebinar for "listen-
only" mode was also made available.
CALL TO ORDER
The meeting was called to order at 7:00 PM by Saul Martinez, Mayor.
ROLL CALL
Councilmembers present: Ruben Alvarado, Blanche Barajas, Craig
Maloney, Saul Martinez, David Milne, Zahra Roach, and Pete Serrano.
Staff present: Dave Zabell, City Manager; Adam Lincoln, Deputy City
Manager; Colleen Chapin, Human Resources Director; Craig Briggs,
Acting City Attorney; Bob Gear, Fire Chief; Zach Ratkai, Administrative
& Community Services Director; Ken Roske, Police Chief; Richa Sigdel,
Finance Director; Rick White, Community & Economic Development
Director; Steve Worley, Public Works Director; and Debby Barham, City
Clerk.
The meeting was opened with the Pledge of Allegiance.
VERBAL REPORTS FROM COUNCILMEMBERS
Mr. Milne commented on the Parks and Recreation Advisory Board
meeting he recently attended.
Mayor Martinez commented on several meetings he participated in
related to COVID-19 during the past week.
Page 1 of 3Page 13 of 185
ITEMS FOR DISCUSSION
Downtown Pasco Development Authority Annual Report 2020
Mr. White provided a brief history of the Downtown Pasco Development
Authority (DPDA). Then, he then introduced Gustavo Gutierrez Gomez,
DPDA Executive Director and Gabriel Portugal, DPDA Board President.
Mr. Gomez presented the 2020 DPDA Report.
Mr. Portugal expressed appreciation to Mr. Gomez and his staff for the
2020 DPDA accomplishments even during the COVID-19 pandemic.
Council, DPDA representatives and staff held a question and answer
period.
Ordinance - Code Amendment Waterfront Development District
(MF# CA2019-007)
Mr. White provided a brief overview of the proposed Waterfront
Development District. He introduced the team developing the Waterfront
District using Port of Pasco property, which included: Port of Pasco
Executive Director, Randy Hayden; Port of Pasco Director of Economic
Development & Marketing, Stephen McFadden; JMS Development
owner, James Sexton; and AHBL Planning Project Manager, Nicole
Stickney.
Mr. Sexton presented the Osprey Pointe Conceptual Master Plan.
Council and the Waterfront Osprey Pointe team further discussed the
proposed Waterfront Master Plan.
Resolution - Paymentus Master Service Agreement
Ms. Sigdel explained the proposed updates to the Paymentus Master
Services Agreement for processing utility billing payments and she also
provided a explanation why it is a sole source contract.
Council and staff briefly discussed the additional payment options that
Paymentus, Inc. will offer the City's customers allowing them a variety of
ways to make their payments to the City.
Ordinance - 2018 International and State Code Updates
Mr. White introduced Inspection Services Manager, Troy Hendren who
provided an overview of the proposed updates to the Pasco Municipal
Code related to building codes.
Page 2 of 3Page 14 of 185
Council and staff further discussed the proposed building codes
updates.
Resolution - Interlocal Cooperation Agreement for Quad-City Water
Rights
Mr. Worley provided a brief history of the Quad -City Water Rights and
introduced the new interlocal agreement which will continue the Quad -
City Water Rights partnership.
Resolution - Interlocal Agreement with Franklin Conservation
District for Municipal Water Rights
Mr. Worley explained the purposed of the proposed change from
irrigation water rights into municipal water rights noting that this will be
accomplished through the proposed interlocal agreement.
MISCELLANEOUS COUNCIL DISCUSSION
Mr. Zabell announced that the Governor's new Healthy Washington Plan
has placed the City of Pasco back into Phase 1 and precludes the City
from meeting in-person at this time. Once the City moves into Phase 2,
then some form of in-person meetings will likely be allowed.
Mr. Zabell also reported that the 2021 Washington State Legislative
Session is full swing and noted some of the the City's priorities are being
introduced and discussed.
Lastly, Mr. Zabell provided a status report recruitment process of the
vacancies on various City's Boards and Commissions, noting that the
Mayor will likely be assembling Council subcommittee(s) to review the
applications within the next few weeks.
ADJOURNMENT
There being no further business, the meeting was adjourned at 9:06 PM.
PASSED and APPROVED this ____ day of __________, 20__.
APPROVED: ATTEST:
Saul Martinez, Mayor Debra Barham, City Clerk
Page 3 of 3Page 15 of 185
AGENDA REPORT
FOR: City Council January 14, 2021
TO: Dave Zabell, City Manager Regular Meeting: 1/19/21
FROM: Richa Sigdel, Finance Director
Finance
SUBJECT: Bills and Communications
I. REFERENCE(S):
Accounts Payable 01.19.21
Bad Debt Write-off/Collection for Nov 2020 and Dec 2020
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
To approve claims in the total amount of $3,710,402.98 ($2,681,672.06 in
Check Nos. 239442-239716; $118,012.87 in Electronic Transfer Nos. 830545,
830594, 830596-Nos. Check 53504$13,514.69 830598; in -53513;
$894,490.44 in Electronic Transfer Nos. 30156289 -30156800; $2,712.92 in
Electronic Transfer Nos. 748-756).
To approve bad debt write-off for Utility Billing, Ambulance, Cemetery, General
Accounts, (nonCourt Municipal Accounts, Miscellaneous and -criminal,
criminal, and parking) accounts receivable in the total amount of $124,644.22
for November 2020 and $179,306.99 for December 2020 and, of that amount,
authorize $0.00 to be turned over for collection.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
V. DISCUSSION:
Page 16 of 185
REPORTING PERIOD:
January 19, 2021
Claims Bank Payroll Bank Gen'l Bank Electronic Bank Combined
Check Numbers 239442-239716 53504-53513
Total Check Amount $2,681,672.06 $13,514.69 Total Checks 2,695,186.75$
Electronic Transfer Numbers 830545 30156289-30156800 748-756
830594
830596-830598
Total EFT Amount $118,012.87 $894,490.44 $2,712.92 Total EFTs 1,015,216.23$
Grand Total 3,710,402.98$
Councilmember
797,193.35
28,699.61
0.00
0.00
20,010.21
0.00
3,941.63
33,124.30
13,957.13
5,002.00
25,956.07
356.32
1,699.70
173.60
23,988.36
0.00
5,772.27
0.00
0.00
25,239.19
0.00
HOTEL/MOTEL EXCISE TAX 0.00
0.00
801,342.42
785,553.13
43,960.51
7,413.05
53,279.33
0.00
91,666.52
2,659.09
939,415.19
GRAND TOTAL ALL FUNDS:3,710,402.98$
The City Council
December 31, 2020 - January 13, 2021
C I T Y O F P A S C O
Council Meeting of:
Accounts Payable Approved
STREET OVERLAY
City of Pasco, Franklin County, Washington
We, the undersigned, do hereby certify under penalty of perjury the materials have been furnished, the services rendered or the labor performed as described
herein and the claim is a just, due and unpaid obligation against the city and we are authorized to authenticate and certify to such claim.
Dave Zabell, City Manager Darcy Buckley, Finance Manager
We, the undersigned City Councilmembers of the City Council of the City of Pasco, Franklin County, Washington, do hereby certify on this
19th day of January, 2021 that the merchandise or services hereinafter specified have been received and are approved for payment:
Councilmember
SUMMARY OF CLAIMS BY FUND:
GENERAL FUND
STREET
ARTERIAL STREET
RIVERSHORE TRAIL & MARINA MAIN
C.D. BLOCK GRANT
HOME CONSORTIUM GRANT
MARTIN LUTHER KING COMMUNITY CENTER
AMBULANCE SERVICE
CEMETERY
ATHLETIC PROGRAMS
GOLF COURSE
SENIOR CENTER OPERATING
MULTI-MODAL FACILITY
EQUIPMENT RENTAL - OPERATING BUSINESS
SPECIAL ASSESSMENT LODGING
LITTER ABATEMENT
REVOLVING ABATEMENT
TRAC DEVELOPMENT & OPERATING
PARKS
ECONOMIC DEVELOPMENT
STADIUM/CONVENTION CENTER
LID
GENERAL CAP PROJECT CONSTRUCTION
UTILITY, WATER/SEWER
EQUIPMENT RENTAL - OPERATING GOVERNMENTAL
EQUIPMENT RENTAL - REPLACEMENT GOVERNMENTAL
EQUIPMENT RENTAL - REPLACEMENT BUSINESS
MEDICAL/DENTAL INSURANCE
FLEX
PAYROLL CLEARING
Page 17 of 185
BAD DEBT WRITE-OFF/COLLECTION
November 1, - November 30, 2020
1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-off are
under $20 with no current forwarding address, or are accounts in "occupant" status. Accounts
submitted for collection exceed $20.00.
2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00. Direct
write off including DSHS and Medicare customers; the law requires that the City accept
assignment in these cases.
3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non-criminal and criminal
fines, and parking violations over 30 days past due.
4. CODE ENFORCEMENT – LIENS - These are Code Enforcement violation penalties which
are either un-collectable or have been assigned for collections because the property owner has
not complied or paid the fine. There are still liens in place on these amounts which will
continue to be in effect until the property is brought into compliance and the debt associated
with these liens are paid.
5. CEMETERY - These are delinquent accounts over 120 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00.
6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00.
7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
Direct
Write-off
Referred to
Collection
Total
Write-off
Utility Billing $ 15.00 0.00 15.00
Ambulance $ 124,629.22 0.00 124,629.22
Court A/R $ .00 .00 .00
Code Enforcement $ .00 .00 .00
Cemetery $ .00 .00 .00
General $ .00 .00 .00
Miscellaneous $ .00 .00 .00
TOTAL: $ 124,644.22 .00 124,644.22
Page 18 of 185
BAD DEBT WRITE-OFF/COLLECTION
December 1, - December 31, 2020
1. UTILITY BILLING - These are all inactive accounts, 60 days or older. Direct write-off are
under $20 with no current forwarding address, or are accounts in "occupant" status. Accounts
submitted for collection exceed $20.00.
2. AMBULANCE - These are all delinquent accounts over 90 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00. Direct
write off including DSHS and Medicare customers; the law requires that the City accept
assignment in these cases.
3. COURT ACCOUNTS RECEIVABLE - These are all delinquent non-criminal and criminal
fines, and parking violations over 30 days past due.
4. CODE ENFORCEMENT – LIENS - These are Code Enforcement violation penalties which
are either un-collectable or have been assigned for collections because the property owner has
not complied or paid the fine. There are still liens in place on these amounts which will
continue to be in effect until the property is brought into compliance and the debt associated
with these liens are paid.
5. CEMETERY - These are delinquent accounts over 120 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00.
6. GENERAL - These are delinquent accounts over 120 days past due or statements are returned
with no forwarding address. Those submitted for collection exceed $10.00.
7. MISCELLANEOUS - These are delinquent accounts over 120 days past due or statements are
returned with no forwarding address. Those submitted for collection exceed $10.00.
Direct
Write-off
Referred to
Collection
Total
Write-off
Utility Billing $ 78.88 .00 78.88
Ambulance $ 179,228.11 .00 179,228.11
Court A/R $ .00 .00 .00
Code Enforcement $ .00 .00 .00
Cemetery $ .00 .00 .00
General $ .00 .00 .00
Miscellaneous $ .00 .00 .00
TOTAL: $ 179,306.99 .00 179,306.99
Page 19 of 185
AGENDA REPORT
FOR: City Council January 12, 2021
TO: Dave Zabell, City Manager Remote Regular Meeting:
1/19/21
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Ordinance - Code Amendment Waterfront Development District (MF#
CA2019-007)
I. REFERENCE(S):
Proposed Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. _____, creating Chapter 25.127 of
the Pasco Municipal Code, "Waterfront Development District" and, further,
authorize publication by summary only.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
The Port of Pasco requested an amendment to the Pasco Municipal (Zoning)
Code for the creation of a new zoning district titled, “Waterfront Development
District.” The Port of Pasco owns, operates, and manages major facilities in the
greater Pasco area including the Tri-Cities Airport, Big Pasco (Industrial
Center), the Pasco Processing Center, and has led and participated in various
programming and planning for economic development in the region.
The creation of the Waterfront Development District implements the shared
vision of increasing uses and amenities on Pasco's waterfront shared by both
the Port and the City, and as expressed by community support. Past planning
efforts included the Boat Basin and Marine Terminal Plan (2010), which
identified mixed-use developments with residential densities at the Marine
Terminal; and in 2016, the Port of Pasco, City of Pasco, and Franklin County
collaborated on SOMOS PASCO, a regional economic strategic vision that
enjoys support from over 1,600 community members. Pasco and Tri-Cities
Page 20 of 185
community identified a vibrant waterfront as a shared priority.
On a issued Agency Lead the Pasco, as City the 2020, 23, April of
Determination of Non-Significance (DNS) stating that the proposal does not
have a probable significant adverse impact on the environment.
The applicant (Port of Pasco) and developer (JMS Development) provided a
presentation to the Pasco City Council on January 11, 2021, remote workshop
meeting. In summary, the site would accommodate upwards of 100,000 square
feet of commercial space, over 650 housing units, along with a variety of
entertainment and recreational spaces.
V. DISCUSSION:
The proposed Waterfront Development District was discussed at the Pasco
Planning Commission throughout 2019 and 2020, including three (3) public
hearings. Two (2) workshops were held before the Pasco City Council in
November 2020 and January 2021.
Staff recommends approval of Code Amendment 2019-007 creating Chapter
25.127 of the Pasco Municipal Code.
Page 21 of 185
Ordinance – Formation of WD District - 1
ORDINANCE NO. _______
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
CREATING CHAPTER 25.127 OF THE PASCO MUNICIPAL CODE,
“WATERFRONT DEVELOPMENT DISTRICT.”
WHEREAS, the City of Pasco and the Port of Pasco share a vision for the Pasco waterfront
to provide a variety of uses;
WHEREAS, the City of Pasco and the Port of Pasco developed the 2010 Boat Basin and
Marine Terminal Plan that called for a mixed-use neighborhood with residential and commercial
uses;
WHEREAS, the Port of Pasco commissioned a Marine Terminal Redevelopment
Assessment Report that identified a variety of uses that envisioned the area as a local and regional
attraction;
WHEREAS, in 2016, the City of Pasco, Port of Pasco and Franklin County collaborated
on a regional economic strategic vision titled SOMOS PASCO;
WHEREAS, public input from SOMOS PASCO included over 1,600 community
members and indicated that among the highest priorities is developing Pasco’s riverfront with
mixed use, residential and commercial development combined with open space and public access;
WHEREAS, a broader community visions titled MyTri2030 by the Tri-Cities Regional
Chamber of Commerce identified an established waterfront that attracts families and activities with
shopping, dining and arts were supported by the community;
WHEREAS, mixed-use development will support job growth and allow the Osprey Pointe
area to pursue unique live-work-play development that are not available in our region;
WHEREAS, the Port of Pasco has identified that industrial development has changed over
the past several decades and the mixed-use developments aligns with Osprey Pointe’s vision;
WHEREAS, the Waterfront Development District is supported by the Comprehensive
Plan Major Update;
WHEREAS, the Waterfront Development District will be bound by the following: E
Ainsworth Avenue (North), Columbia River (South), S Gray Avenue (West) and SE Road 18
(East); and
WHEREAS, were applicable, Waterfront Development District shall comply with the
Shoreline Regulations (Title 29) of the Pasco Municipal Code and the Shoreline Management Act
RCW 90.58;
Page 22 of 185
Ordinance – Formation of WD District - 2
WHEREAS, the creation of the Waterfront Development District implements community
visioning, agency plans and addresses the regions needs for housing and walkable complete
neighborhoods.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. That Section 25.20.010 entitled “Establishment of zoning districts” of the Pasco
Municipal Code shall be and hereby is amended and shall read as follows:
25.20.010 Establishment of zoning districts.
For the purpose of promoting the public health, safety, morals, and general welfare of the City,
the City is divided into the following types of zones:
R-T District Residential Transition District
R-S-20 District Residential Suburban District
R-S-12 District Residential Suburban District
R-S-1 District Low-Density Suburban Residential District
R-1 District Low-Density Residential District
R-1-A District Low-Density Residential Alternative District
R-1-A2 District Low-Density Residential Alternative District
R-2 District Medium-Density Residential District
R-3 District Medium-Density Residential District
R-4 District High-Density Residential District
RP District Residential Park District
O District Office District
C-1 District Retail Business District
C-2 District Central Business District
C-2 Overlay District Central Business Overlay District
C-3 District General Business District
C-R District Regional Commercial District
BP District Business Park District
Page 23 of 185
Ordinance – Formation of WD District - 3
I-182 Overlay District I-182 Corridor Overlay District
I-1 District Light Industrial District
I-2 District Medium Industrial District
I-3 District Heavy Industrial District
WD Waterfront Development District
[Ord. 4110 § 6, 2013; Ord. 3731 § 27, 2005; Ord. 3354 § 2, 1999; Code 1970 § 25.16.010.]
Section 2. That a new Chapter 25.127 entitled “Waterfront Development District” of the
Pasco Municipal Code shall be and is hereby created and shall read as follows:
Chapter 25.127 Waterfront Development District
Sections:
25.127.010 Purpose.
25.127.015 Terms defined.
25.127.020 Permitted uses.
25.127.030 Permitted accessory uses.
25.127.040 Conditional uses.
25.127.050 Prohibited uses.
25.127.060 Unlisted uses.
25.127.070 Development standards.
25.127.010 PURPOSE.
The purpose of the waterfront development (WD) district is to allow the location of a compatible
mix of commercial, residential, , and recreational uses on parcels situated close to the Columbia
River waterfront and within the Osprey Pointe property, historically owned by the Port of Pasco.
25.127.015 TERMS DEFINED.
“Artisan manufacturing” means small-scale businesses that manufacture artisan goods or
specialty foods. Small manufacturing production primarily focuses on direct sales rather than the
wholesale market.
25.127.020 PERMITTED USES.
The following uses shall be permitted in the waterfront development district:
(1) Commercial, office, educational, and government uses:
(a) All uses permitted in the “O” Office district;
(b) Artisan manufacturing, provided that such uses are intended to be compatible
with surrounding development and shall adhere to the following requirements:
Page 24 of 185
Ordinance – Formation of WD District - 4
(i) Structures shall not encompass more than 10,000 square feet of area,
and the 10,000 square foot total shall include all indoor storage areas
associated with the manufacturing operation.
(ii) Outdoor storage is prohibited.
(iii) Loading docks. Where the site abuts a residential use, the building wall
facing such lot shall not have any service door openings or loading
docks oriented toward the residential use.
(iv) Public viewing. Artisan manufacturing uses must accommodate public
viewing or a customer service space. Public viewing shall be
accomplished with windows or glass doors covering at least 25 percent
of the front of the building face abutting the street or indoor lobby wall,
allowing direct views of manufacturing. The display area may be
reduced below 25 percent where fire-rated separation requirements
restrict opening size as determined by the building official. A customer
service space including a showroom, tasting room, restaurant or retail
space may be provided that substitutes for the exterior public viewing
area.
(v) All uses shall not emit smoke, gas, odor, dust, sound, vibration, soot,
heat, glare, or light that is detectable beyond the property line.
(c) Banks and financial institutions;
(d) Bars, taverns, and craft breweries, boutique wineries, and small-scale distilleries
and/or tasting rooms (any production of product shall be small-scale in nature,
with annual production limited to 300 barrels per year of beer or equivalent
product);
(e) Churches and similar places of worship;
(f) Dancing schools;
(g) Gyms and fitness centers;
(h) Hotels and motels;
(i) Laundries/dry cleaners;
(j) Portable food vending/food trucks;
(k) Printing shops;
(l) Public or commercial parking garages;
(m) Public markets for fresh produce and craft work;
(n) Restaurants and eating establishments, including food halls with shared common
areas;
(o) Stores and shops for the conduct of retail business and similar services in
buildings not exceeding 80,000 gross square feet such as:
(i) Bakeries, retail for distribution from the premises;
(ii) Barber and beauty shops;
(iii) Bookstores, except adult bookstores;
(iv) Catering establishments;
(v) Artist and office supplies;
(vi) Florists;
(vii) Specialty retail stores;
(viii) Museums and art galleries;
Page 25 of 185
Ordinance – Formation of WD District - 5
(ix) Clothing, shoes and accessories, and costume rentals (new/unused
materials only);
(x) Crafts, stationery, and gift shops;
(xi) Department and drug stores;
(xii) Grocery or specialty food stores;
(xiii) Furniture and home appliance stores;
(xiv) Import shops;
(xv) Jewelry and gem shops, including custom work;
(xvi) Shoe repair shops;
(xvii) Sporting goods stores;
(xviii) Tailor and seamstress shops;
(xix) Upholstery shops;
(p) Locksmith shops;
(q) Membership clubs;
(r) Theaters (movie or live theater);
(s) Veterinary clinics serving household pets (no boarding or outdoor treatment
facilities); and
(t) Universities, colleges, and business, professional, technical, and trade schools.
(2) Residential uses:
(a) Single-family detached dwellings may be located west of the alignment of South
Maitland Avenue at densities prescribed under PMC 25.127.070;
(b) Attached single-family dwellings (duplexes and townhouses) may be located east
of the extension of South Maitland Avenue, but no further than 500 feet east of
the alignment of South Oregon Avenue at densities prescribed under PMC
25.127.070; and
(c) Multifamily dwellings may be located no further than 500 feet east of the
alignment of South Oregon Avenue.
(d) Short-term vacation rental uses, and Bed and Breakfasts may be established
where residential uses are allowed.
(3) Recreational and entertainment uses:
(a) Indoor and outdoor event and entertainment uses and facilities (commercial or
public), not to exceed fifteen acres;
(b) Marinas and marine repair facilities;
(c) Mixed-use buildings containing any combination of residential, commercial,
office, educational, and government facilities in a single building; and
(d) Public and private parks and trails.
25.127.030 PERMITTED ACCESSORY USES.
(1) Accessory dwelling units when associated with a permitted residential use;
(2) Family home childcare in conformance with WAC 170-296A-0010;
(3) Sheds not exceeding 200 square feet provided they are located in the rear yard of
residential uses or a place of business and attached to the primary structure;
(4) Private parking lots and garages meeting the development standards of this chapter;
(5) Storage facilities accessory to multifamily dwellings for the sole use of residents;
(6) Home occupations in accordance with PMC 25.150; and
Page 26 of 185
Ordinance – Formation of WD District - 6
(7) Alcoholic beverage sales; and
(8) Private streets, meeting the standards of PMC 25.127.070(14).
25.127.040 CONDITIONAL USES
The following uses are permitted subject to the approval of special permit as provided in Chapter
25.200 of the PMC:
(1) Retail, wholesale, and department stores and shops exceeding a gross floor area of
80,000 square feet;
(2) Landscape gardening and storage area for equipment and materials, provided that
plants and materials are located behind a building and are not visible from the public
right-of-way or residential uses;
(3) Nursing homes and assisted living facilities;
(4) Marine gas sales;
(5) Gasoline and service stations;
(6) Drive-thru uses; and
(7) Indoor and outdoor event and entertainment uses and facilities (commercial or public),
exceeding fifteen acres; and
(8) Exceptions to maximum building heights listed in 25.127.070(9).
25.127.050 PROHIBITED USES.
The following uses are prohibited in the WD district:
(1) All uses permitted conditionally in the I-2 Medium Industrial district;
(2) Automobile assembly, services, or repair;
(3) Vehicle rental;
(4) Tire stores;
(5) Car washes;
(6) Automobile detail shops;
(7) Automobile sales;
(8) Auto body shops;
(9) Mini-storage facilities;
(10) Pawn shops;
(11) Card rooms and bingo parlors;
(12) Secondhand dealers – similar or like uses although not specifically listed are also
prohibited;
(13) Adult bookstores or entertainment facilities;
(14) Truck stops – diesel fuel sales;
(15) Truck terminals;
(16) Heavy machinery sales and service;
(17) Contractor’s plant or storage yards;
(18) Mobile home and trailer sales and service;
(19) Veterinarian clinics for livestock, including outdoor treatment facilities;
(20) Pharmaceutical laboratories;
(21) Industrial medical facilities;
(22) Any outdoor manufacturing, testing, processing, or similar activity;
Page 27 of 185
Ordinance – Formation of WD District - 7
(23) On-site hazardous substance processing and handling or hazardous waste treatment and
storage facilities;
(24) Kennels and animal boarding facilities;
(25) The manufacturing, compounding, processing, packaging of cosmetics, pharmacology,
and the reducing and refining of fats and oils;
(26) Junkyards, automobile wrecking yards, scrap iron, scrap paper, or rag storage, sorting,
or baling;
(27) Cemeteries;
(28) Recreational vehicle parks; and
(29) Outdoor storage of RVs, boats and trailers.
25.127.060 UNLISTED USES.
All unlisted uses shall be classified as conditional uses and require a special use permit under
PMC 25.200.
25.127.070 DEVELOPMENT STANDARDS.
(1) All structures, uses, and shoreline modifications shall comply with the City of Pasco
Shoreline Master Program (PMC 29.15), where applicable.
(2) Minimum density:
(a) Commercial, office, education and government uses: none.
(b) Residential uses: 14 units/net acre average for residential portions of the WD
district (net acre excludes infrastructure, such as roads, utility easements,
stormwater infrastructure, and excludes critical areas, and applies to the entire
WD district rather than to individual developments). Additionally, residential uses
shall not comprise more than 50 percent of the gross land area within the WD
district.
(3) Minimum lot area:
(a) Commercial, office, education and government uses: none.
(b) Residential uses: 1,000 square feet (single family detached), 1,500 square feet
per unit (duplex and single-family attached). There is no minimum lot area for
multifamily dwellings.
(4) Minimum lot width:
(a) Commercial, office, education and government uses: none.
(b) Residential uses: 35 feet (single family detached), 20 feet per unit (duplex and
single-family attached). There is no minimum lot width for multifamily
dwellings.
(5) Lot coverage: Dictated by parking requirements, setbacks and landscaping;
(6) Minimum Yard Setbacks - Front.
(a) Commercial, office, education and government uses: none.
(b) Residential uses: 10 feet (single family detached and attached, and duplexes), 20
feet (garden-style apartments/ condominiums), none for multifamily adjacent to
commercial areas or in mixed-use buildings.
(7) Minimum Yard Setbacks – Interior side yard.
(a) Commercial, office, education and government uses: none.
Page 28 of 185
Ordinance – Formation of WD District - 8
(b) Residential uses: 5 feet (for primary structures in single family detached and
attached, and duplexes; however, the minimum yard setback is reduced to 3 feet
where fire barriers are provided for buildings), 15 feet from other buildings
(garden-style apartments/ condominiums), none for multifamily adjacent to
commercial areas, in mixed-use buildings or for zero-lot line development.
(8) Minimum Yard Setbacks – Street side yard and rear.
(a) Commercial, office, education and government uses: none.
(b) Residential uses: 10 feet (single family detached and attached, and duplexes;
however, the minimum setback for detached garages is 3 feet), 20 feet from other
buildings (garden-style apartments/ condominiums), none for multifamily
adjacent to commercial areas or in mixed-use buildings.
(9) Maximum building height:
(a) Commercial, office, education and government uses: 60 feet
(b) Residential uses: 35 feet (single family detached and duplexes), 40 feet (single-
family attached and garden-style apartments/ condominiums), 90 feet
(multifamily adjacent to commercial areas or in mixed-use buildings).
(10) Fences and hedges:
(a) Fences and walls shall meet the requirements of PMC 25.180, with the following
exceptions:
(i) Fences and walls shall be constructed using a combination of natural
materials such as wood, stone, or brick including those on industrially
used properties.
(ii) Barbed wire and electrified fencing are prohibited on all properties;
(11) Parking:
(a) All new uses in the WD district must provide parking in accordance with Table
25.127(1). The Community and Economic Development Director may approve
ratios lower than the minimum if the new use provides bicycle parking, includes
access to an improved bus stop, or will have shared parking spaces. See
subsection (d), (e), and (f) of this section pertaining to parking reductions. The
Community and Economic Development Director shall determine parking
requirements for unlisted uses. Uses which are not listed in the table shall have
parking requirements of the nearest analogous use which is included in the table,
as determined by the Community and Economic Development Director. If the
number of minimum off-street parking spaces required in PMC 25.127(1)
contains a fraction, the number shall be rounded up if the fraction is equal to or
greater than one-half, and rounded down if less than one-half
(b) On-street parking or off-street public parking lots may be used in combination
with dedicated off-street parking to accommodate parking demand from
individual developments.
(c) On-street and off-street public parking may be time-limited, metered, or
otherwise restricted in order to ensure that parking demand from individual
developments does not adversely impact parking availability for the district as a
whole and may be managed by either the Port, City or an Association/Business
Entity (depending on public or private ownership). Parking spaces must be
located within 500 feet of the proposed use unless the use is listed under the
“Recreational and Entertainment Use” category in Table 25.127(1) in which case
Page 29 of 185
Ordinance – Formation of WD District - 9
parking may be located off-site, provided that if the parking facility is under
different ownership, a written agreement or lease is required. No more than 30
percent of the minimum parking requirement for an individual use may be on-
street spaces or off-street public spaces more than 500 feet away from the
proposed use except as noted above.
(d) Bicycle parking reduction. For every five bicycle parking spaces provided, the
number of vehicle parking spaces may be reduced by one up to maximum of 10
percent of the minimum number of spaces otherwise required.
(e) Bus stop reduction. Where an improved, permanent bus stop (i.e. bus shelter) is
located within 1,000 feet of a use, the required number of parking stalls may be
reduced by ten percent.
(f) Shared Uses. Owners of two or more uses, structures, or parcels of land within
500 feet of each other may share the same parking area when the hours of
operation do not overlap. Whenever shared parking is allowed under this section,
the parking lot shall be signed so as to reasonably notify the public of the
availability of use, and spaces shall not be assigned, allocated or reserved
between uses; a notarized and recorded parking agreement shall be required for
shared parking between two or more separate tax parcels under separate
ownership.
(g) Special event parking lots used on an infrequent basis such as those associated
with seasonal play fields shall be exempt from provisions of this chapter.
Table 25.127(1): Number of Minimum Required and Maximum Allowed Parking Spaces
by Use in the WD District
Use Category Minimum Maximum
COMMERCIAL, OFFICE, EDUCATIONAL, AND GOVERNMENT USES
(per 1,000 square feet of gross floor area unless otherwise specified)
Churches, places of worship, clubs, fraternal
societies
1 per 100 square feet
main assembly area
1 per 60 square feet of
main assembly area
Commercial lodging (hotel, motel, bed and
breakfast, short-term vacation rentals)
0.5 per room 1 per room
Educational Uses
Elementary schools 1 per classroom
and 1 per employee
1.5 per classroom
Middle schools 1 per classroom 2 per classroom
High school 7 per classroom 10.5 per classroom
Universities, colleges, business, professional,
technical and trade schools
0.3 per full-time
student and 0.8 per
employee
0.5 per FTE student
and 0.8 per employee
Gyms or fitness centers 3 5
Museums and art galleries 2.5 4
Offices: Administrative, Professional, Government 2 4
Page 30 of 185
Ordinance – Formation of WD District - 10
Portable food vendors/food trucks None required None required
Restaurants/bars/ breweries, wineries, and
distilleries
0.5 per 3 seats 1.0 per 3 seats
Retail sales and services 3 5
Wholesale sales 3 5
RESIDENTIAL USES
(per unit unless otherwise specified)
Single-family detached 1 2
Accessory dwelling units 0.5 1
Single-family attached and two-family dwellings 1 2
Multifamily dwellings 0.75 1.5
Nursing homes and assisted living facilities 0.25 per bed 0.5 per bed
RECREATIONAL AND ENTERTAINMENT USES
(per 1,000 square feet of gross floor area unless otherwise specified)
Public and private parks and trails To be determined during land use approval
process
Event entertainment (indoor or outdoor) 1 per 8 seats 1 per 5 seats
Theaters 1 per 4 seats 1 per 2.7 seats
INSTITUTIONAL USES
(per 1,000 square feet of net floor area unless otherwise specified)
Hospitals 1 per bed 1.5 per bed
Police and fire stations 2 4
(12) Landscaping:
(a) Surface parking lots shall be landscaped in accordance with PMC 25.180.070.
(b) Single-family detached and attached residences and duplexes shall be landscaped
in accordance with PMC 25.180.050(4).
(c) Single-use commercial property shall be screened in accordance with
25.180.050(3). Commercially used property in multistory and/or mixed-use
buildings are exempt from landscaping requirements.
(13) Transportation
(a) The internal transportation network of the Waterfront District shall be designed to
maximum multi-modal travel options. All transportation infrastructure shall meet
the intent of the City Complete Streets Ordinance (PMC 12.15) and comply with
the International Fire Code. Dedication of public right-of-way is not required
when private streets are used.
(14) Design Standards (Transportation)
(a) Speed Limits: 20 MPH
(b) Sidewalk Widths:
• Residential: Minimum 6’
• Commercial/Mixed Use: Minimum: 10’
(c) Local Access Streets:
• Driving Lane Minimum width: 11’
• Parking Lane Minimum width: 8’
Page 31 of 185
Ordinance – Formation of WD District - 11
• Dedicated Bicycle Lane: minimum width: 5’ (where included)
(d) Alleys:
• Minimum: 20’ width
(e) Private Street/Lane:
(i) Private street improvements for streets providing access to uses which
are not single-family residential shall meet the standards for Local
Access Roads, at a minimum, with the exception being that sidewalk
must be present on at least one side and on-street parking must be
present on one side. This will result in a roadway section, with curb and
gutter, that measures 31' back-to-back of curb. Street lighting will be
provided per the type chosen at the developer’s discretion.
(ii) Private street improvements for streets providing access to single-family
residential uses shall be designed to meet International Fire Code
requirements for fire apparatus, including pavement markings and
signage for “No Parking – Fire Lane.” Sidewalks are not required when
pedestrian paths are provided with a design accommodating pedestrian
circulation which is separated from vehicle traffic movements. Streets
lighting will be provided per the type chosen at the developer’s
discretion.
(iii) Private streets must not interfere with vehicle, public transportation or
non-motorized access to public areas, and may not preclude the
connection of the transportation system.
(iv) Storm water facilities must be designed to treat and retain all storm
water on-site without any runoff entering City of Pasco right- of-way.
(v) Every private street within the district shall be named, and names shall
be clearly posted in accordance with the Manual of Uniform Traffic
Control Devices (MUTCD) standard.
Section 3. This ordinance shall take full force and effect five (5) days after approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, this ____ day of
_______________, 2020.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 32 of 185
Ordinance – Formation of WD District - 12
Published: ____________________
Page 33 of 185
AGENDA REPORT
FOR: City Council January 12, 2021
TO: Dave Zabell, City Manager Remote Regular Meeting:
1/19/21
FROM: Rick White, Director
Community & Economic Development
SUBJECT: Ordinance - 2018 International and State Code Updates
I. REFERENCE(S):
Proposed Ordinance
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to adopt Ordinance No. _____, amending Section 3.35.030,
Building Permit Fees, and Title 16, Buildings and Construction, of the Pasco
Municipal Code relating to updates to the Washington State Building Code; and
further; authorize publication by summary only.
III. FISCAL IMPACT:
N/A
IV. HISTORY AND FACTS BRIEF:
During this code update cycle, the Washington State Building Code Council
has established revisions to existing regulations pertaining to building, energy,
air quality, plumbing and mechanical construction, installation, safety and
standards. These regulations and standards are authorized by RCW Chapter
19.27 and WAC Chapter 51-50.
The amendments are designed to address specific regional issues and
enhance uniform building construction codes and standards used by most
jurisdictions within the state.
The City of Pasco initially adopted the State Building Code in 1998. In 2000,
the State and City adopted the International Code set. The amendment
process occurs every three (3) years in response to State revisions; although
this past year, the update was delayed due to complications stemming from the
Page 34 of 185
COVID-19 pandemic.
City Council considered this proposed Ordinance at the January 11, 2021
Council Workshop.
V. DISCUSSION:
Pasco, Kennewick and Richland and most jurisdictions in the state adopt the
State Building and Energy Codes in lieu of adopting their own building code.
Adoption of the State Building Code with minimal local revisions establishes
consistent and reliable standards for the construction industry.
The proposed ordinance does not contain a ny local revisions this current
update cycle - only those occurring through the mandated State amendment
process. Local revisions may be more stringent than the State code, but cannot
be less so.
As this Ordinance implements provisions of the State - wide code updates,
staff recommends Council approval.
Page 35 of 185
Ordinance – WA ST Building Code Updates - 1
ORDINANCE NO. ______
AN ORDINANCE OF THE CITY OF PASCO, WASHINGTON,
AMENDING SECTION 3.35.030, BUILDING PERMIT FEES, AND TITLE 16,
BUILDINGS AND CONSTRUCTION, OF THE PASCO MUNICIPAL CODE
RELATING TO UPDATES TO THE WASHINGTON STATE BUILDING
CODE.
WHEREAS, for the purpose of enforcing the regulations of the City of Pasco to require
compliance with accepted building construction, improvements, modification and safety
standards, procedures and practices it is necessary to amend Section 3.35.030 and Title 16 of the
Pasco Municipal Code, and;
WHEREAS, the adoption of the International Building Codes, Uniform Plumbing Code
and all refrences including all Washington State Amendments Washington State Building Code
and International and Uniform Building Codes within the Pasco Municipal Code was passed
through Ordinance No. 4108, and;
WHEREAS, the State of Washington revised the State Building Code and regulations
governing the construction, improvement, modification and safety of buildings, and:
WHEREAS, revisions and modifications to the State Building Code require that the City
amend Title 16 of the Pasco Municipal Code to adopt said revised building law and regulations;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PASCO,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Amending That Section 3.35.030 Building Permits of Pasco Municipal Code
be and the same is amended hereby as follows:
3.35.030 Building permits.
Fee/Charge Reference
State:
State Bldg. Code Council – charged on all
Residential building permits issued.
State Bldg. Code Council – Charged on all
Commercial Building permits issued.
$4.50 $6.50
an additional
surcharge of $2.00 for
each additional unit
$4.50 $25.00
an additional
16.05.080
16.05.080
Page 36 of 185
Ordinance – WA ST Building Code Updates - 2
Fee/Charge Reference
surcharge of $2.00
for each additional
unit
Building:
Building permit based on improvement
value. Value of improvement:
(Construction value is established by
using the most current Building Valuation
Data sheet, Provided by the International
Code Council.)
Value of improvement:
Permit fee 16.05.080
$1.00 to $10,000
(Based on a one time inspection, additional
fee’s will be assessed for any additional
inspections needed)
$50.00
$10,001 to $11,000 $195.25
$11,001 to $12,000 $209.25
$12,001 to $13,000 $223.25
$13,001 to $14,000 $237.25
$14,001 to $15,000 $251.25
$15,001 to $16,000 $265.25
$16,001 to $17,000 $279.25
$17,001 to $18,000 $293.25
$18,001 to $19,000 $307.25
$19,001 to $20,000 $321.25
$20,001 to $21,000 $335.25
$21,001 to $22,000 $349.25
$22,001 to $23,000 $363.25
$23,001 to $24,000 $377.25
Page 37 of 185
Ordinance – WA ST Building Code Updates - 3
Fee/Charge Reference
$24,001 to $25,000 $391.25
$25,001 to $50,000 $391.75 for the first
$25,000 + $10.10 for
each add’l $1,000, or
fraction thereof
$50,001 to $100,000 $643.75 for the first
$50,000 + $7.00 for
each add’l $1,000, or
fraction thereof
$100,001 to $500,000 $993.75 for the first
$100,000 + $5.60 for
each add’l $1,000, or
fraction thereof
$500,001 to $1,000,000 $3233.75 for the first
$500,000 + $4.75 for
each add’l $1,000 or
fraction thereof
$1,000,001 and up $5608.75 for the first
$1,000,000 + $3.65
for each add’l $1,000
or fraction thereof
Plan review 16.05.070
Improvement value less than $10,000 No plan review fee
Improvement value greater than $10,000 65% of bldg. permit
fee (when a plan
review is required)
Fast track plan review
Foundation only
100% of bldg. permit
fee
Cost
Admin. Order No. 76
Plumbing:
Minimum permit fee $50.00 16.20.030
Page 38 of 185
Ordinance – WA ST Building Code Updates - 4
Fee/Charge Reference
Gas appliance and piping installation permit
fee
$50.00 16.25.080
Restoration of surface by City and inspection:
Restoration + 1 year of maintenance Cost 16.25.180
Testing new piping:
Expense tests and inspections Cost 16.25.220
Factory-assembled/mobile homes:
Placement permit $50.00 19.30.050
Moving buildings:
Without use of public R.O.W. $25.00 16.50.030
With use of R.O.W. $100.00 16.50.030
Into City limits from outside City limits $100.00 16.50.030
From within City limits to outside City
limits
$25.00 16.50.030
Mechanical permit:
Minimum permit fee $50.00 16.55.030
Fire safety inspections:
Initial inspection – All moderate hazard and
all high hazard inspections taking less than
two hours inspection time. (Moderate hazard
is billed in annual increments of $37.50 –
high hazard is billed $75.00 annually)
$75.00 16.65.010
High hazard inspections of two hours or
more duration
$150.00 16.65.010
Re-inspection (first re-inspection is w/o fee) $75.00
Signs:
Application fee $50.00 17.20.030
Demolition permits: $50.00 16.05.080
Page 39 of 185
Ordinance – WA ST Building Code Updates - 5
Fee/Charge Reference
Right-of-way permits:
Grading/Scrubbing only
$50.00
$50.00
12.04.050
Street cut – including inspection of surfaces:
Unpaved surfaces $10.00 12.24.100
Section 2. That Title 16 be amended as follows:
Title 16
BUILDINGS AND CONSTRUCTION
Chapters:
16.05 Building Code
16.10 Impervious Surfaces
16.15 Utility Service Requirements for Building Permits
16.20 Plumbing Code
16.25 Gas Installations
16.30 Housing Code
16.35 Energy Code
16.40 Dangerous Building Code
16.45 House and Building Numbering
16.50 Moving Buildings
16.55 Mechanical Code and Fuel Gas Code
16.60 Swimming Pool, Spa, and Hot Tub Code
16.65 Fire Prevention Code
16.70 Unsafe and Unfit Buildings, Structures, and Premises
Chapter16.05
BUILDING CODE
Sections:
16.05.010 Adoption of State Building Code, International Building Code(s)
and standards.
16.05.020 Building Official – Building Inspector.
16.05.030 Noncombustible materials required.
16.05.040 Substitution for IBC(s) Section 113. 112
16.05.050 Deletion of IBC subsections.
16.05.060 Amendment of IBC(s) Section 105.3.2.
16.05.070 Addition of IBC(s) Section 109.2.1. 108
16.05.080 Fee schedule.
16.05.090 Building inspection fee.
Page 40 of 185
Ordinance – WA ST Building Code Updates - 6
16.05.100 Amendment of IBC(s) Section 111.1. 110
16.05.110 Addition of IBC(s) Section 111.5. 110.3.1
16.05.120 Addition of IBC(s) Section 111.6. 110.3.2
16.05.130 Eligibility for permanent City-provided utility services.
16.05.140 Addition of IBC(s) Section 111.7. 110.6
16.05.150 Amendment of IBC Section 1808.1. and Chapter 4 of the IRC
16.05.160 Amendment of IBC Section 1209.2. 1200 and IRC 807
16.05.170 Amendment of IBC Section 1203.3 1202.4 and IRC 408.1 section
under floor ventilation.
16.05.180 Violations – Penalties.
16.05.010 Adoption of State Building Code, International Building Code and
standards.
The City of Pasco hereby adopts the State Building code (Chapter 19.27 RCW) as
thereinafter amended by the Washington State Building Code Council published as
Chapter 51-350 WAC, and all provisions thereof applying throughout this title, and
adopts by reference the 2015 most current State adopted International Building
Code(s) and their Appendices thereof as H, I and J thereof, International Building
Code Standards, International Existing Building Code, International Residential
Code and Appendix J thereof as published by the International Code Council as
thereinafter amended; and all buildings hereinafter erected or constructed, enlarged,
repaired, moved, removed, demolished, or converted shall be done in conformity
with the provisions of said codes, except as expressly provided herein. [Ord. 4296,
2016; Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 2, 2004; Ord. 3316 § 4, 1998;
Ord. 3133 § 1, 1996; Ord. 2881 § 1, 1992; Ord. 2724 § 1, 1989; Ord. 2602 § 1,
1986; Ord. 2501 § 1, 1984; Ord. 2153 § 1, 1980; Ord. 1853 § 1, 1977; Code 1970
§ 16.04.010.]
16.05.020 Building Official – Building Inspector.
(1) The “Building Official,” as used in the International Building Code, shall be the
City Manager or that person acting as the chief administrative officer for the
City. The Building Official may delegate by written order all or any portion of
the powers of enforcement that he may have as the Building Official or as a
Building Inspector. He may delegate to another person in writing the power to
subdelegate all or any portion of the power he has delegated to that person. The
persons receiving delegated powers may have or may be given various titles,
but any person delegated the authority to enforce the building code shall also
be known as a Building Inspector.
(2) Whenever any portion of the Pasco Municipal Code uses the terms “Building
Official” or “Building Inspector,” they shall have the same meaning as set forth
herein and the same powers of delegation shall apply unless the context
thoroughly indicates another meaning.
Page 41 of 185
Ordinance – WA ST Building Code Updates - 7
(3) The power of enforcement shall include the power to arrest, but the Building
Official or his designee shall particularly specify in writing that the power to
arrest is included in any delegation or subdelegation of the power of
enforcement. Nothing herein shall limit the authority police officers have to
make arrests.
(4) Any person delegated the power to enforce shall be an authorized officer for the
purpose of issuing a complaint in Municipal Court unless specifically directed
otherwise in writing. [Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 2, 2004;
Ord. 2269 § 1, 1981; Code 1970 § 16.04.011.]
16.05.030 Noncombustible materials required.
Notwithstanding the provisions of the International Building Code, the following
restrictions shall apply in the City of Pasco:
(1) The use of cedar shakes or shingles or materials with similar flame spread
characteristics for roof construction is prohibited. Class C rated shakes or
shingles may be used for existing roof repairs under 100square feet, and
additions must comply with an approved roofing material. to structures with
existing wood shingle/shake roofs.
(2) All structures within 30 feet of the property line shall have noncombustible
siding/soffit/skirting on the side adjacent to the undeveloped areas in excess of
five acres. Exception: Interior lots of platted parcels and development phases
whose streets are accessible and water system is operational.
(3) Decks of porches 36 inches or less in height shall have skirting if within 30 feet
of adjacent undeveloped areas of natural vegetation in excess of five acres.
Skirting shall be sufficiently constructed so as not to allow the accumulation of
combustible material under the deck.
(4) When determined by the Fire Chief, noncombustible siding/soffit material shall
be required on the downhill side(s) of the structure if within 30 feet of a 15
percent or greater grade. The grade will be determined by the predominant slope
on the downhill side, with a maximum of 300 feet. [Ord. 4108, 2013; Ord. 3670
§ 2, 2004; Ord. 3133 § 2, 1996; Ord. 3066 § 1, 1994; Code 1970 § 16.04.012.]
16.05.040 Substitution for IBC(s) Section 113 112.
Section 113 112 of the International Building Code(s) shall be amended to read as
follows:
Section 113 112. Board of Appeals. In order to determine the suitability of
alternate materials and methods of construction and to provide for
reasonable interpretation of the provisions of this code, there shall be and is
hereby created a Board of Appeals, to be known as the Mid-Columbia
Building Appeals Commission, consisting of seven (7) members who are
qualified by experience and training to pass upon matters pertaining to
Page 42 of 185
Ordinance – WA ST Building Code Updates - 8
building construction. The Board of Appeals shall be jointly appointed by
the local Council of Government (COG). Mayors of Pasco, Kennewick,
Richland, West Richland, Benton City, and the Chairmen of the Boards of
County Commissioners of Benton and Franklin Counties. The membership
of the Board shall consist of a representative of Franklin County, a
representative of Benton County, a civil engineer, an architect, a general
contractor, a specialty contractor and a fire specialist. The term of
membership on the Board shall be for a period of five (5) years. The
Building Officials of each appointing agency shall be ex officio members
of the Board and shall serve as Secretary of the Board on a rotating basis.
The Board shall adopt reasonable rules and regulations for conducting its
investigations and shall tender all decisions and findings in writing to all the
Building Officials and Fire Chiefs with a duplicate copy to the appellant
and may recommend to the City Councils and/or Boards of County
Commissioners such new legislation as is consistent therewith.
[Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 2, 2004; Ord. 3133 § 3, 1996; Ord.
2867 § 1, 1992; Ord. 2237 § 1, 1981; Ord. 1853 § 1, 1977; Code 1970 § 16.04.020.]
16.05.050 Deletion of IBC(s) subsections.
Subsections 105.2 “Building” (1), (2), (3), (4), (5), (9) and (10) (11) and (12) of the
International Building Code shall be deleted. [Ord. 4108, 2013; Ord. 3670 § 2,
2004; Ord. 3149 § 2, 1996; Ord. 3133 § 4, 1996; Ord. 2881 § 3, 1992; Ord. 2153
§ 2, 1980; Code 1970 § 16.04.025.]
16.05.060 Amendment of IBC(s) Section 105.3.2.
Section 105.3.2 of the International Building Code(s) shall be amended to read as
follows:
Time limitation of building permit application. An application for a permit
for any proposed work or construction regulated by PMC Title 16 of the
Pasco Municipal Code shall be deemed to have been abandoned 30 days
after the date of acceptance by the City of Pasco, unless such application
has been pursued in good faith or a permit has been issued; except that the
Building Official is authorized to grant one or more extensions of time for
additional periods not exceeding 30 days each. The extension shall be
requested in writing and justifiable cause demonstrated.
[Ord. 4048, 2012; Code 1970 § 16.04.030.]
Page 43 of 185
Ordinance – WA ST Building Code Updates - 9
16.05.070 Addition of IBC(s) Section 109.2.1. 109
Section 109.2.1 109 of the International Building Code(s) shall be added and shall
read as follows:
Sec. 109.2.1 109 Plan Review Fees. When the valuation of the proposed
construction exceeds ten thousand dollars ($10,000) and a plan is required
to be submitted; a plan-review fee of sixty-five percent (65%) of the
construction permit fee shall be paid to the Building Official at the time of
submitting plans and specifications for checking.
EXCEPTION: Building permit applications for construction of new R-3
occupancies require only a fifty dollar ($50) plan-review fee.
Plan-review fees for all buildings, other than group R-3 Occupancies, shall
be sixty-five percent (65%) of the building permit fees.
Where plans are incomplete, or changed so as to require additional plan-
review, an additional plan-review fee shall be charged at a rate established
by the Building Official not to exceed sixty-five percent (65%) of the value
of the building permit fee.
[Ord. 4108, 2013; Ord. 4055, 2012; Ord. 3964, 2010; Ord. 3859, 2008; Ord. 3670
§ 2, 2004; Ord. 3133 § 5, 1996; Ord. 2153 § 4, 1980; Ord. 1853 § 1, 1977; Code
1970 § 16.04.035.]
16.05.080 Fee schedule.
Permit fees shall be determined in accordance with PMC 3.35.030.
In addition to the fees enumerated in PMC 3.35.030, all building permits shall
include a State Building Code Council fee of $4.50. [Ord. 4108, 2013; Ord. 3964,
2010; Ord. 3672 § 2, 2004; Ord. 3670 § 2, 2004; Ord. 3316 § 4, 1998; Ord. 3149
§ 2, 1996; Ord. 3133 § 6, 1996; Ord. 2881 § 2, 1992; Ord. 2724 § 2, 1989; Ord.
2602 § 2, 1986; Ord. 2153 § 5, 1980; Ord. 1853 § 1, 1977; Code 1970 § 16.04.040.]
16.05.090 Building inspection fee.
A minimum fee as enumerated in PMC 3.35.030 shall be paid to the Building
Official for incidental building and fire code inspections not related to issued, active
building permits. [Ord. 4108, 2013; Code 1970 § 16.04.045.]
Page 44 of 185
Ordinance – WA ST Building Code Updates - 10
16.05.100 Amendment of IBC(s) Section 111.1. 111
Section 111.1(a) 111 of the International Building Code(s) shall be amended to read
as follows:
Sec. 111.1 111 Use or Occupancy. No building or structure in Groups A to
U inclusive, shall be used or occupied, and no substantial change in the
existing occupancy classification of a building or structure or portion
thereof shall be made until the Building Official has issued a Certificate of
Occupancy therefor as provided herein.
[Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 2, 2004; Ord. 3133 § 7, 1996; Ord.
2881 § 5, 1992; Ord. 2153 § 6, 1980; Ord. 1853 § 1, 1977; Code 1970 § 16.04.050.]
16.05.110 Addition of IBC(s) Section 111.5. 111
A new section, Section 111.5 111, is hereby added to the International Building
Code(s) and shall hereinafter be codified as PMC 16.05.110 as follows:
Posting. The Certificate of Occupancy shall be posted in a conspicuous
place on the premises and shall not be removed except by the Building
Official; provided, that in the case of R-3 Occupancies, such certificate need
not be conspicuously posted but shall be available for inspection of the
Building Official upon request.
[Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 2, 2004; Ord. 3133 § 8, 1996; Ord.
2881 § 6, 1992; Ord. 2153 § 7, 1980; Ord. 1853 § 1, 1977; Code 1970 § 16.04.060.]
16.05.120 Addition of IBC(s) Section 111.6. 111
A new section, Section 111.6 111, is hereby added to the International Building
Code(s) and shall hereinafter be codified as PMC 16.05.120 as follows:
Section 111.6 111. Effective date upon which Certificates of Occupancy
shall be required for Group R-3 Occupancies. All buildings or structures
falling within the R-3 classification as defined in Section 310.1 Chapter 3
of the International Building Code(s), for which building permits are issued
after the effective date of this ordinance, shall not be used or occupied until
the Building Official has issued a Certificate of Occupancy as provided in
Section 111.2 111 of the International Building Code(s) as amended by
PMC 16.05.100. All other Certificates of Occupancy shall be required
irrespective of when such building permits were issued.
Page 45 of 185
Ordinance – WA ST Building Code Updates - 11
[Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 2, 2004; Ord. 3133 § 9, 1996; Ord.
2881 § 7, 1992; Ord. 2153 § 8, 1980; Ord. 1853 § 1, 1977; Code 1970 § 16.04.070.]
16.05.130 Eligibility for permanent City-provided utility services.
The Public Works Director is directed to deny any requests for utility services
including electrical service, solid waste removal and water and sewer service, on a
permanent uses basis where the applicant fails to demonstrate that the dwelling in
question has been issued a certificate of occupancy by the Building Official;
provided, however, that provisional utility services shall be available as are
necessary for the proper construction of the dwelling prior to the issuance of the
occupancy permit, in circumstances where the dwelling is unoccupied. In the event
that provisional service is provided and it becomes apparent that the dwelling is
being occupied, the Public Works Director is authorized to discontinue such
service. [Ord. 4108, 2013; Ord. 1853 § 1, 1977; Code 1970 § 16.04.080.]
16.05.140 Addition of IBC(s) Section 111.7. 111
Section 111.7 111 is hereby added to the International Building Code(s) and shall
hereinafter be codified as PMC 16.05.140 as follows:
Section 111.7. 111 Obligation of the Parties. In the event of a violation of
PMC 16.05.100 and 16.05.120 above provided, it shall be presumed as a
matter of law that the person or persons who obtained the building permit
or permits for the construction of the dwelling in question caused or allowed
the occupancy of the dwelling in violation of the above stated provisions.
Further, it shall be a violation of this code for any person or persons to cause
or allow the occupancy of a dwelling within categories R-3 by any third
person or persons, where no Certificate of Occupancy has first been issued.
[Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 2, 2004; Ord. 3133 § 10, 1996;
Ord. 2881 § 8, 1992; Ord. 2153 § 9, 1980; Ord. 1853 § 1, 1977; Code 1970
§ 16.04.090.]
16.05.150 Amendment of IBC Section 1808.1. and section 400.1.2.1 of the
IRC.
Section 1808.1 of the International Building Code and 401.2.1 of the International
Residential Code shall be amended to read as follows:
IBC Section 1808.1. and IRC 401.2.1 Footings And Foundations: General.
Footings and foundations, unless otherwise specifically provided, shall be
Page 46 of 185
Ordinance – WA ST Building Code Updates - 12
constructed of masonry, concrete, or treated wood. In all cases, footings and
foundations shall extend below the frost line; the minimum frost line depth
shall be 24 inches. Footings of concrete and masonry shall be 24 inches.
Footings of concrete and masonry shall be of solid material; any hollow
core masonry unit foundation that exceeds twenty-four inches vertical
height shall have all cores filled to a minimum of six (6) inches above finish
grade with mortar or other material acceptable to the administrative
authority. Foundations supporting wood shall extend at least six inches
above the adjacent finish grade.
[Ord. 3964, 2010; Ord. 3670 § 2, 2004; Ord. 3133 § 12, 1996; Ord. 2724 § 4, 1989;
Ord. 2602 § 8, 1986; Ord. 2501 § 8, 1984; Ord. 2153 § 22, 1980; Ord. 1853 § 1,
1977; Code 1970 § 16.04.210.]
16.05.160 Amendment of IBC Section 1209.2. 1208 and IRC 807
IBC Section 1209.2 1208 and IRC section 807 of the International Building Code
shall be amended to read as follows:
IBC Section 1209.2 1208 and IRC section 807. Attic Spaces: Access. An
attic access opening shall be provided in the ceiling of the top floor of
buildings with combustible ceiling or roof construction. The opening shall
be located in a corridor, hallway, or garage of an R-3 occupancy and in the
corridor or hallway of any other occupancy. The opening shall be not less
than 22 inches by 30 inches. Thirty (30) inch minimum clear head room
shall be provided above the access opening. Attics with a maximum vertical
clear height of less than 30 inches need not be provided with access
openings.
[Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 2, 2004; Ord. 3133 § 13, 1996;
Ord. 2501 § 11, 1984; Ord. 2153 § 24, 1980; Ord. 1853 § 1, 1977; Code 1970
§ 16.04.240.]
16.05.170 Amendment of IBC Section 1203.3 1202.4 and IRC 408.1 section
under floor ventilation.
IBC Section 1203.03 1202.4 and IRC Section 408.1 of the International Building
Code(s) shall be amended to include the following language as follows:
Any foundation vent required to be placed in any building or other
structure by any provision of this chapter shall be placed at least six inches
above the adjacent finished grade.
Page 47 of 185
Ordinance – WA ST Building Code Updates - 13
[Ord. 3670 § 2, 2004; Ord. 3316 § 4, 1998; Ord. 3133 § 14, 1996; Ord. 2546 § 1,
1985; Code 1970 § 16.04.295.]
16.05.180 Violations – Penalties.
It is unlawful for any person, firm, or corporation to violate any of the provisions
of this chapter. Every person found in violation of any provision of this chapter
shall be punished by a fine of not more than $500.00. Each firm or corporation
found in violation of any provision of this chapter shall be punished by a fine of not
more than $500.00. For any violation of a continuing nature, each day’s violation
shall be considered a separate offense and shall subject the offender to the above
penalties for each offense. [Ord. 3190 § 3, 1996; Ord. 1853 § 1, 1977; Code 1970
§ 16.04.310.]
Chapter 16.10
IMPERVIOUS SURFACES
Sections:
16.10.010 Purpose.
16.10.020 Impervious surfaces defined.
16.10.030 Permit required.
16.10.040 Exemptions.
16.10.050 Drainage requirements.
16.10.010 Purpose.
The purpose of this chapter is to protect the public health, safety and general welfare
of the citizens of the City of Pasco by regulating the surface drainage of private
properties within the City through the use of a permit system. [Ord. 3670 § 3, 2004;
Ord. 3316, 1998; Ord. 2465 § 1, 1983; Code 1970 § 16.05.010.]
16.10.020 Impervious surfaces defined.
For the purpose of this chapter, “impervious surfaces” shall mean any asphalt
concrete, cement concrete, compacted rock/gravel or other substance rolled, laid,
poured, or otherwise installed to create a layer of material upon the ground which
does not absorb water or through which water cannot drain into the underlying
ground. [Ord. 3670 § 3, 2004; Ord. 3316 § 4, 1998; Ord. 2465 § 1, 1983; Code 1970
§ 16.05.020.]
Page 48 of 185
Ordinance – WA ST Building Code Updates - 14
16.10.030 Permit required.
It is unlawful for any person to install any impervious surface improvement upon
private property within the City of Pasco without first obtaining a building permit
authorizing such improvement from the Building Inspector, except as provided in
PMC 16.10.040 or as may be otherwise provided for within the Pasco Municipal
Code. Application for such permits shall be made on forms supplied by the
Community and Economic Development Department, shall include a site sketch
depicting proposed direction of surface drainage and location of components or
methods to be used to drain the impervious surface in conjunction with the most
current adopted Stormwater Management Manual for Eastern Washington. [Ord.
3670 § 3, 2004; Ord. 3316, 1998; Ord. 2465 § 1, 1983; Code 1970 § 16.05.030.]
16.10.040 Exemptions.
The provisions of this chapter shall not apply to impervious surfaces in the
following instances:
(1) Those installed in conjunction with properly permitted improvements to
existing structures or permitted construction or placement of a new single-
family residence. [Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 3, 2004; Ord.
3316, 1998; Ord. 2465 § 1, 1983; Code 1970 § 16.05.040.]
16.10.050 Drainage requirements.
An impervious surface improvement shall be designed to drain, confine and/or
impound storm water or site-generated water within the private property upon
which the improvement is to be located. The Building Inspector shall determine the
adequacy of all plans and methods for the drainage or proposed impervious surface
improvements in conjunction with the most current adopted Stormwater
Management Manual for Eastern Washington. [Ord. 3670 § 3, 2004; Ord. 3316,
1998; Ord. 2465 § 1, 1983; Code 1970 § 16.05.050.]
Chapter 16.15
UTILITY SERVICE REQUIREMENTS FOR BUILDING PERMITS
Sections:
16.15.010 Water and sewer service required.
16.15.020 Definitions.
16.15.030 Exemptions.
16.15.040 Lot line revisions prohibited.
16.15.050 Waiver – Authorized.
Page 49 of 185
Ordinance – WA ST Building Code Updates - 15
16.15.060 Waiver – Criteria.
16.15.010 Water and sewer service required.
City water and/or sewer service connection to the lot(s), parcel(s) or tract(s) of land
sought to be developed shall be a prerequisite to the issuance of a development
permit. No development permit shall be issued without compliance with this section
except as stated in this chapter. [Ord. 4069, 2012; Ord. 2412, 1982; Ord. 2303,
1981; Code 1970 § 16.06.010(1).]
16.15.020 Definitions.
“Accessory” and “functionally related” means a use that is subordinate,
supplementary or dependent on a nonexempt use or activity.
“City water and sewer service connection” means the ability to physically connect
to transmission lines of such service when such service is within 200 feet of the lot,
parcel or tract boundary, after paying for all applicable fees. This may include the
installation of a water meter, the use of water for fire protection, the use of water or
sewer for nonstructural improvements or use of existing water or sewer service at
a future date.
“Developed” and “development” mean any manmade change to improved or
unimproved lot(s), parcel(s) or tract(s) including but not limited to filling, grading,
paving, excavating, installation of curb, gutter or sidewalk, installation of
driveways, construction or placement of a building or other structure and uses of a
commercial or industrial nature not requiring a structure.
“Development permit” means but is not limited to a grading, building, right-of-way
or encroachment permit or a license or permit for land use. [Ord. 4069, 2012; Ord.
2412 § 1, 1982; Ord. 2303 § 1, 1981; Code 1970 § 16.06.010(2-5).]
16.15.030 Exemptions.
The following types of development may be exempt from the requirements of PMC
16.15.010:
(1) Filling or grading provided no use of City utilities occurs and the property is
not functionally related or accessory to a nonexempt development;
(2) Surfacing or paving provided no use of City utilities occurs and the property is
not functionally related or accessory to a nonexempt development;
(3) Installation or construction of fencing;
Page 50 of 185
Ordinance – WA ST Building Code Updates - 16
(4) Temporary uses of property of no more than 180 days provided no use of City
utilities occurs and fire protection is not required;
(5) Development of property that is served by a lawful and functioning septic
system or well provided an agreement is executed acknowledging that the
owner will connect to City utilities upon the failure of the septic system or well;
or
(6) Other similar types of development not requiring connection to City utilities or
use of City water for fire protection. [Ord. 4162, 2014; Ord. 4069, 2012; Ord.
3670 § 3, 2004; Ord. 3316, 1998; Code 1970 § 16.06.020.]
16.15.040 Lot line revisions prohibited.
Lot line revisions through platting, binding site plans or tax parcel segregations
shall not be used as a means to avoid the requirements of PMC 16.15.010 unless
such revision is for the purpose of functionally separating uses, establishing lot lines
for sale or transfer of ownership or delineating property from nonexempt
development. [Ord. 4069, 2012; Code 1970 § 16.06.030.]
16.15.050 Waiver – Authorized.
The prerequisite requirements for a development permit stated in PMC 16.15.010
may be waived by:
(1) Approval of the City Council by majority vote at any regular meeting or
administrative approval as contained in subsection (2) of this section, upon such
forms as they shall deem necessary to enable them to make specific findings of
fact as to why a waiver should be granted. All such waivers must be applied for
in writing on a form or forms to be supplied by the City of Pasco and all denials
of such waiver shall also be in writing and state specific findings upon which
the denial is based. The grant of a waiver may be reasonably conditioned and
any such conditions shall be in writing, signed by the owner of the land,
recorded and run with the land. Such conditions may include but shall not be
limited to the following:
a) A specific period of exception;
b) Required participation in future public sewer and/or water service extension
by L.I.D. or other means;
c) The signing by the owner of the property of a hold harmless and/or
indemnity agreement in favor of the City of Pasco.
(2) Administrative approval of the City Manager or designee for waiver of sewer
utility connections provided the property for which the waiver is requested
meets the following conditions:
a) Must be of adequate size, soil type, slope and other conditions to meet the
Benton-Franklin Health District requirements for on-site septic systems and
Page 51 of 185
Ordinance – WA ST Building Code Updates - 17
replacement drain fields and must receive final approval from the District
for the on-site system;
b) Must be greater than 200 feet from an existing municipal sewer service line
or must be dependent on the provision of future sewer infrastructure to
receive sewer service – such as additional line or treatment facility capacity,
lift stations or similar components;
c) Subject to those conditions contained in subsections (1)(a) through (1)(c) of
this section; and
d) The decision on the granting or denying of a sewer utility connection may
be appealed to City Council within 10 calendar days from the date of the
decision. The appeal must be in writing. [Ord. 4229, 2015; Ord. 4069, 2012;
Ord. 3670 § 3, 2004; Ord. 3316, 1998; Ord. 2303 § 3, 1981; Code 1970
§ 16.06.040.]
16.15.060 Waiver – Criteria.
Any determination to grant, deny, or grant with conditions an application for a
waiver described in PMC 16.15.050 shall be based upon the following criteria:
(1) Special circumstances applicable to the property in question or to the intended
use that do not generally apply to other properties or classes of use in the same
vicinity or zoning classification;
(2) A waiver is necessary for the preservation and enjoyment of a substantial
property right or use possessed by other property in the same vicinity and
zoning classification, which because of special circumstances is denied to the
property in question;
(3) The granting of the waiver will not be detrimental to the public welfare or
injurious to any person, property or improvements thereon in such vicinity and
zoning classification in which the subject property is located;
(4) The granting of a waiver will not conflict with the general intent of this chapter;
(5) Except as provided below, no waiver for City water service shall be granted for
any property lying within the boundaries of the Pasco landfill groundwater
protection area (the protection area) as delineated on the official map
designating said area on file at the City of Pasco Public Works Department. If
the City of Pasco receives a waiver request, it shall notify the Department of
Ecology of such request, and shall provide the Department of Ecology all
relevant information regarding such request.
(6) If the residual hazardous substances in the groundwater remaining within the
entirety of the protection area are subsequently reduced in concentration such
that the method A or method B cleanup levels, as applicable, established under
WAC 173-340-700 through 173-340-760 are met, then subsection (5) of this
section shall be of no further force and effect, if the Department of Ecology,
after public notice and opportunity for comment, concurs. [Ord. 4069, 2012;
Ord. 3670 § 5, 2004; Ord. 3469 § 1, 2001; Ord. 3316, 1998; Ord. 2303 § 4,
1981; Code 1970 § 16.06.050.]
Page 52 of 185
Ordinance – WA ST Building Code Updates - 18
Chapter 16.20
PLUMBING CODE
Sections:
16.20.010 Uniform Plumbing Code adopted.
16.20.020 Adoption of state deleted section of UPC.
16.20.030 Permit fees.
16.20.040 Board of Appeals.
16.20.050 Plumbing fixtures required.
16.20.060 Fuel gas piping.
16.20.070 Violation – Penalties.
16.20.010 Uniform Plumbing Code adopted.
The most current State adopted Uniform Plumbing Code, 2015 Edition, and the
Uniform Plumbing Code Standards, published by the International Association of
Plumbing and Mechanical Officials, as amended by the Washington State Building
Code Council and published as Chapters 51-5626 and 51-27 WAC, is adopted as
the plumbing code of the City except as hereinafter amended, and provided that
Chapter 12 regarding Fuel Gas Piping of the Uniform Plumbing Code is not
adopted. [Ord. 4296, 2016; Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 4, 2004;
Ord. 3316 § 5, 1998; Ord. 2883 § 1, 1992; Ord. 2727 § 1, 1989; Ord. 2605 § 1,
1986; Ord. 2503 § 1, 1984; Ord. 2154 § 1, 1980; Ord. 1854 § 1, 1977; Code 1970
§ 16.08.010.]
16.20.020 Adoption of state deleted section of UPC.
The most current State adopted Uniform Plumbing Code Chapter 7, Part II as
published in the 2015 Uniform Plumbing Code is hereby adopted. [Ord. 4296,
2016; Ord. 4108, 2013; Ord. 3964, 2010; Code 1970 § 16.08.015.]
16.20.030 Permit fees.
The schedule of fees contained in Table 1-1 in Chapter 1 of the Uniform Plumbing
Code is repealed and the fee schedule as set forth in PMC 16.05.080 is adopted in
its place. [Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3316 § 5, 1998; Ord. 2503 § 2,
1984; Ord. 2154 § 2, 1980; Ord. 1854 § 1, 1977; Code 1970 § 16.08.020.]
Page 53 of 185
Ordinance – WA ST Building Code Updates - 19
16.20.040 Board of Appeals.
Section 20.14 of the Uniform Plumbing Code is repealed and the Board of Appeals
as set forth in PMC 16.05.040 is adopted in its place. [Ord. 4108, 2013; Ord. 3964,
2010; Ord. 2503 § 3, 1984; Ord. 2154 § 3, 1980; Ord. 1854 § 1, 1977; Code 1970
§ 16.08.030.]
16.20.050 Plumbing fixtures required.
Each building shall be provided with sanitary facilities as prescribed by the adopted
International Building Code(s) and Uniform Plumbing Code. Every basement shall
be provided with at least one floor drain and backflow preventer. The floor drain is
to be located in either the utility room, bathroom or furnace room. [Ord. 4108, 2013;
Ord. 3964, 2010; Ord. 3670 § 4, 2004; Ord. 2503 § 4, 1984; Ord. 2154 § 8, 1980;
Ord. 1854 § 1, 1977; Code 1970 § 16.08.080.]
16.20.060 Fuel gas piping.
Chapter 12 of the Uniform Plumbing Code is repealed in its entirety. [Ord. 3964,
2010; Ord. 2503 § 5, 1984; Ord. 2154 § 9, 1980; Ord. 1854 § 1, 1977; Code 1970
§ 16.08.090.]
16.20.070 Violation – Penalties.
It is unlawful for any person, firm, or corporation to violate any of the provisions
of this chapter. Every person found in violation of any provision shall be punished
by a fine of not more than $500.00. Each firm or corporation found in violation of
any provision of this chapter shall be punished by a fine of not more than $500.00.
For any violation of a continuing nature, each day’s violation shall be considered a
separate offense and shall subject the offender to the above penalties for each
offense. [Ord. 3964, 2010; Ord. 3190 § 4, 1996; Ord. 1854 § 1, 1977; Code 1970
§ 16.08.100.]
Chapter 16.25
GAS INSTALLATIONS
Sections:
16.25.010 Title.
16.25.020 Purpose.
16.25.030 Scope.
16.25.040 Definitions.
16.25.060 Gas appliance and equipment installation.
Page 54 of 185
Ordinance – WA ST Building Code Updates - 20
16.25.070 Enforcement and entry for inspection.
16.25.080 Gas appliance installation – Permit required – Inspection fees.
16.25.090 Records.
16.25.100 Devices for reducing gas consumption.
16.25.110 Unlawful restoration of gas and bypassing of meter.
16.25.120 Gas distribution and transmission system installation – Permit
required.
16.25.130 Required plans and specifications for gas distribution system.
16.25.140 Issuance of gas distribution system permit.
16.25.150 Right-of-way work permit for work on gas transmission and/or
distribution system.
16.25.160 Bond and insurance required for gas distribution system.
16.25.170 Location of pipes.
16.25.180 Restoration of surface by City.
16.25.190 Inspection and fee therefor.
16.25.200 Interference with utilities and improvements.
16.25.210 Preservation of monuments.
16.25.220 Testing of piping on new construction fees.
16.25.230 Testing of prior constructed distribution or transmission system.
16.25.240 Allowable pressures for prior constructed system.
16.25.250 Cathodic treated pipe.
16.25.260 Compressor stations.
16.25.270 Adoption of standards by reference.
16.25.280 Conflicting provisions.
16.25.010 Title.
This chapter shall be known as the “gas ordinance” of the City and may be cited as
such. [Ord. 1503 § 1, 1971; Code 1970 § 16.12.010.]
16.25.020 Purpose.
The purpose of this chapter is to provide minimum standards, provisions, and
requirements for the safe installation of gas pipes and gas appliances on consumer’s
property, and to regulate the sale, maintenance, and repair of such appliances, and
to provide minimum standards, requirements, and rules and regulations governing
the installation, construction, operation, maintenance, and safety for existing and
newly constructed gas transmission and/or distribution systems within the City.
[Ord. 1503 § 2, 1971; Code 1970 § 16.12.020.]
Page 55 of 185
Ordinance – WA ST Building Code Updates - 21
16.25.030 Scope.
All gas appliances or gas pipes hereafter sold, installed, maintained, or repaired
within the City limits shall conform to the requirements of the 2015 most current
State adopted International Mechanical Code and international Fuel Gas code as
adopted by the City. All gas transmission and/or distribution systems hereafter
constructed, installed, operated, and maintained within the City shall conform to
the requirements of this chapter. [Ord. 4296, 2016; Ord. 3964, 2010; Ord. 1503 § 3,
1971; Code 1970 § 16.12.030.]
16.25.040 Definitions.
The following definitions are provided for the sole purpose of proper interpretation
and administration of this chapter:
“Approved” means accepted by reason of the satisfactory results of thorough
investigations and tests conducted by the inspector, or by the reason of accepted
principles, or tests by recognized authorities, technical or scientific organizations.
“Certificate of approval” means a document issued and attached to the material,
piping or appliance inspected, completely filled out, together with date, address of
the premises or consumer and signed by the inspector.
“Construction” or “construct” means constructing, laying, maintaining, testing,
operating, extending, renewing, removing, replacing, repairing and using a gas
distribution system.
“Consumer” means any person, persons, customer, firm, association, municipal
corporation and/or corporation that uses gas, including residential, commercial and
industrial users.
“Distribution system,” “system” and/or “lines” used either in the singular or plural
mean and include the gas pipes, pipelines, mains, laterals, conduits, feeders,
regulators, meters, fixtures, connections, and all attachments, appurtenances, and
appertaining to the distribution and use of gas.
“Gas” means natural, artificial and/or mixed gas.
“Gas appliance” means any appliance or device used for burning gas.
“Gas compan y” means any person, firm or corporation holding and exercising a
franchise or permit to distribute gas within the City limits.
“Gas company service line” means the gas piping leading from the gas main to the
property line, or to the point of delivery.
Page 56 of 185
Ordinance – WA ST Building Code Updates - 22
“Gas fitter” means any person who does any gas fitting work, installs, repairs, or
remodels any piping or appliance which would be subject to supervision and
inspection under the provisions of this chapter.
“Inspector” means the administrative authority so designated by this chapter or his
duly authorized representative.
“Maintenance,” “maintaining” and/or “maintained” mean and include the relaying,
repairing, replacing, examining, testing, inspecting, removing, digging, excavating
and restoring operations incidental thereto.
“Person” means any person, firm, association or corporation.
“Point of delivery” means the junction of the utility’s meter with the consumer’s
piping.
“Premises” means the property, including structures, of the consumer.
“Public properties” means and includes streets, alleys, sidewalks, curbs, roads,
highways, avenues, thoroughfares, parkways, bridges, viaducts, public grounds,
public improvements and other public places within any present and/or future city
limits.
“Roadway” means the paved, improved or proper driving portion of a public right-
of-way designed or ordinarily used for vehicular travel.
“Transmission system” means a pipe line installed for the purpose of transmitting
gas from a source or sources of supply to one or more distribution centers or to one
or more large volume customers.
“Unit” means the construction of not over one mile of distribution or transmission
system or as determined by the City Engineer by excavation or public properties.
[Ord. 1503 § 4, 1971; Code 1970 § 16.12.040.]
16.25.050 Board of Appeals – Members – Duties.
Any decision reached by the Building Inspector may be appealed to the Mid-
Columbia Building Appeals Commission as appointed by the City Council, under
rules and regulations set out by that Board. [Ord. 1568 § 1; Ord. 1503 § 6, 1971;
Code 1970 § 16.12.060.]
Page 57 of 185
Ordinance – WA ST Building Code Updates - 23
16.25.060 Gas appliance and equipment installation.
No person shall install, extend, alter or repair any gas appliance, vent, flue or piping
pertaining to, or in connection with, gas service on a consumer’s premises within
the City limits unless such person is currently licensed and bonded by the State of
Washington as a plumbing or mechanical contractor; provided, that nothing herein
shall prohibit any person from personally installing gas pipes, gas appliances, or
making alterations and repairs on gas pipes and gas appliances, or from doing any
other work permitted by this chapter on his own premises, under the following
terms and conditions:
(1) He shall apply for and secure a permit;
(2) Pay the required permit fee pursuant to the fee schedule as set forth in PMC
16.05.080;
(3) Personally do the work in the manner required by this chapter, subject to the
inspection and approval of the inspector; provided, however, that a homeowner
who is not a licensed gas installer may obtain a permit for only the residence
which he occupies. [Ord. 3670 § 5, 2004; Ord. 3316 § 6, 1998; Ord. 1503 § 7,
1971; Code 1970 § 16.12.070.]
16.25.070 Enforcement and entry for inspection.
The inspector is authorized and directed to cause inspections to be made of all
consumer gas installations and gas transmission and distribution systems within the
City and to enforce all of the provisions of this chapter. Upon presentation of proper
credentials, the inspector may enter any consumer’s building or premises at any
reasonable time for the purpose of making inspection or preventing violations of
this chapter. [Ord. 1503 § 15, 1971; Code 1970 § 16.12.150.]
16.25.080 Gas appliance installation – Permit required – Inspection fees.
No person shall install any gas appliance to house piping in any building or
structure without first obtaining a permit to do such work from the City. Persons
failing to obtain a permit before starting work on the installation, alteration, or
repairs of any gas equipment except as otherwise provided shall be required to pay
double the fee herein specified when such permit is finally secured. The payment
of such double fee, however, shall in no way relieve the person of the penalties
otherwise provided for the violation of this chapter. Appliance inspection fee and
permit fee shall be based on the value of improvement, using the permit fee
schedule as stated in PMC 16.05.080. A new permit for piping inspection shall be
required for a consumer’s premises which already has been piped for gas, but in
which no gas has been used for a period of 12 consecutive months or more. When
a permit is issued to connect an appliance to an existing stub or outlet, no additional
Page 58 of 185
Ordinance – WA ST Building Code Updates - 24
fee will be charged for piping inspection. [Ord. 3964, 2010; Ord. 3670 § 5, 2004;
Ord. 3316 § 6, 1998; Ord. 1503 § 16, 1971; Code 1970 § 16.12.160.]
16.25.090 Records.
The inspector shall keep a record of all gas installations inspected. He shall also
keep a record of all licenses and permits issued under this chapter. [Ord. 1503 § 17,
1971; Code 1970 § 16.12.170.]
16.25.100 Devices for reducing gas consumption.
No person shall, without the approval of the inspector, display, sell, barter, replace,
offer for sale, lease, deal in, supply, rent, donate, connect, install, or use within the
City limits any device purporting to reduce gas consumption when such device is
intended as an adjunct, or addition to, a gas appliance, or to be suspended above, or
wholly or partially to enclose, any burner of a gas appliance in such manner as to
reduce the effectiveness of ignition of the gas issuing from the burner or impair
combustion of the burner. [Ord. 1503 § 18, 1971; Code 1970 § 16.12.180.]
16.25.110 Unlawful restoration of gas and bypassing of meter.
It is unlawful for any person, by any means, to restore the flow of gas through pipes
which have been shut off either by the gas company or the inspector, or to cause
gas supplied by the gas company to bypass the meter by which the amount of gas
supplied by the gas company is measured, and such acts shall be prosecuted
according to the terms contained in this chapter. [Ord. 1503 § 19, 1971; Code 1970
§ 16.12.190.]
16.25.120 Gas distribution and transmission system installation – Permit
required.
It is unlawful for any person to dig up, break, excavate, tunnel, undermine, cut, or
in any way obstruct or disturb any public properties in the City or to fill in, place,
leave, or deposit in, or upon, any public properties any earth, refuse, gravel, rock,
or other material or thing tending to obstruct, disturb, or interfere with the free use
of the same for the installation and/or maintenance of a gas distribution or
transmission system or for the purpose of making a utility connection with any
premises, without first having obtained a permit, or without complying with the
provisions of this chapter, other applicable chapters, and rules and regulations of
the City Engineer, nor shall any person conduct such work in a manner at variance
with the terms of any such permit; provided, however, that in case of an emergency
arising out of office hours, when an immediate excavation may be necessary for the
Page 59 of 185
Ordinance – WA ST Building Code Updates - 25
protection of public or private property, the same shall be reported to the Police
Department, and the necessary excavation may be made upon the express condition
that an application be made, in the manner herein provided, on or before noon of
the next following business day; and provided, further, that a separate permit shall
be required for each unit. [Ord. 1503 § 20, 1971; Code 1970 § 16.12.200.]
16.25.130 Required plans and specifications for gas distribution system.
The gas company shall file in quintuplet, on forms supplied by the City Engineer
(one copy of permit form with approval endorsed thereon is to be returned to the
gas company), with the City detailed plans, plat or plats, detailed specifications
(other than those set forth in the rules and regulations of the Public Service
Commission), and profiles of such size and as such scale as prescribed by the City,
of gas pipes or mains and fixtures to be laid or installed underneath public
properties which shall show the centerline of the street or alley and in relation
thereto, the position, location, and depth of the distribution system, the pipes or
mains intended to be laid, the size of pipes or mains, the location of the manholes
leading to the pipes or mains and the depth of the pipes or mains from the surface,
and such other information as he may require. The gas company, its successors and
assign, shall amend the plans, plat or plats, specifications, and profiles as directed
by the City before the City issues the permit and before the gas company
commences construction or the laying of the pipes or mains. The gas company shall
advise the City Engineer in writing of the plan of the excavation, obstruction, or
other thing desired to be done or constructed, the size thereof, the purpose therefor,
the public properties to be excavated and/or obstructed, together with a full
description of the nature of such work and the name of the person, firm, or
corporation doing the actual excavating work and the name of the person, firm, or
corporation for whom or which the work is being done. Whenever additional
improvements or extensions are made, additional plans, plat or plats, specifications,
and profiles shall be filed with the City in the same manner as required above. The
applications shall contain an agreement that the applicant will comply with all
ordinances and laws relating to the work to be done, and that no openings shall be
made until necessary fittings and material are available and on hand to complete
the work.
Each application for a permit shall state the length of time it is estimated will elapse
from the commencement of the work until the restoration of the surface of the
ground, or until the refill is made ready for the pavement to be put on by the gas
limitation unless permission for an extension of time is granted by the City
Engineer. If an extension of time is needed to complete the work beyond the time
originally prescribed, a new application for a permit must be filed, and when the
application therefor is signed by the City Engineer, it shall constitute the permit;
provided, that the bond and insurance are extended for the period of the extension
granted. [Ord. 1503 § 21, 1971; Code 1970 § 16.12.210.]
Page 60 of 185
Ordinance – WA ST Building Code Updates - 26
16.25.140 Issuance of gas distribution system permit.
If, after examining such application and map, plans, specifications and plat or plats,
the City Engineer approves the same and the bond and workers’ compensation
insurance certificate, provided for hereinafter, are filed, he may issue a permit for
work on a gas transmission and/or distribution system. Such permit shall specify
the name and location of the public properties in front of, through, under, or near
which such acts are to be performed or done, together with a description of the
proposed work or acts to be done under such permit and the length of time allowed
for the completion thereof. The permit shall require the repairing and restoring to
as good or better condition and in compliance with the conditions and specifications
of this chapter, whatever portion of the public properties and/or private properties
which may be obstructed, disturbed, or affected in any way within a specified time.
The acts and work authorized and/or required under such permit shall at all times
be under the supervision and control of the City Engineer or persons acting under
his direction, but at the expense of the person procuring such permit.
The City Engineer may, in his discretion, defer the granting of the permit
hereinabove provided for, until such time as he deems proper in all cases in which
the public properties where the work desired to be done are occupied or about to be
occupied in any work by the City, or by some other person having a right to pursue
the same in such manner as to render it seriously inconvenient to the public to
permit any further obstruction thereof at such time. He may, in granting such
permit, so regulate the manner of doing such work as shall cause least
inconvenience to the public in the use of such public properties, and in all cases any
work of the City or its contractors or employees shall have precedence over all work
of every kind. [Ord. 1503 § 22, 1971; Code 1970 § 16.12.220.]
16.25.150 Right-of-way work permit for work on gas transmission and/or
distribution system.
Therefore the City Engineer shall make inspections to make certain that the
provisions of this chapter are complied with and the expenses of the same shall be
paid by the gas company upon a bill therefor being submitted by the City Engineer
before the gas company is released from its bond. [Ord. 3964, 2010; Ord. 1503
§ 23, 1971; Code 1970 § 16.12.230.]
16.25.160 Bond and insurance required for gas distribution system.
Before a permit as herein provided shall be issued, the applicant shall execute and
deliver to the City and file with the City Engineer a bond in the sum of $6,000, or
such additional amount as the City Engineer deems to be necessary for each bond,
for each complete working unit (“spread”) under construction, in a form to be
Page 61 of 185
Ordinance – WA ST Building Code Updates - 27
approved by the City Attorney, and with a surety (or sureties) approved,
conditioned that the gas company will comply with all of the provisions of this
chapter, and that the applicant will keep and save harmless the City from any and
all claims, liabilities, judgments, costs, casualty, accident or damages, and expenses
arising from any negligence of such gas company on account of any act which he
may do or suffer to be done or omission of the gas company in the performance of
the work under the permit, or which may be done by any of his agents, servants or
employees, or which may arise from any negligence of himself, his agents, servants,
contractors or employees, or any of them, in obstructing or in any way disturbing
any private or public properties, or by reason of the violating of any of the
provisions of this chapter. The City Engineer shall determine the number of units
(“spread”) and number of bonds needed at any one time. The gas company shall
also indemnify and save harmless the City from all suits and actions of every
description brought against the City for, or on account of, any injuries or damages
received or sustained by any person by reason of failure to erect and maintain the
required guards, barricades, or signals; provided, that in case the act or acts
permitted under such permit necessitate for any purpose the cutting into or under
any public properties in the City, the bond shall be conditioned that the person, firm
or corporation applying for and acting under the permit shall replace the portion
thereof affected thereby, and shall restore the same at its expense to as good or
better condition within the time specified by the City Engineer, and further
conditioned that the gas company will maintain such public properties so restored
for a period of one year from, and after, such restoration. Settlement within the one-
year period mentioned in this section shall be considered conclusive evidence of
defective backfilling by the gas company. Acceptance of the work, and the release
of the same, shall not prevent the City from making claim against the gas company
for any uncompleted or defective work if the same is discovered within two years
from the date of such release. The fact that an inspector was present during the
progress of any construction shall not relieve the gas company from responsibility
for defects discovered after the completion of the work. The liability of the surety
upon the bond required to be given to the City shall be limited to the amount
specified in the bond, and recovery under such bond shall be prorated when claims
exceed the liability of the bond. [Ord. 1503 § 24, 1971; Code 1970 § 16.12.240.]
16.25.170 Location of pipes.
All pipes shall be laid in alleys or easements wherever possible or at locations by
direction of the City Engineer. Gas pipes shall have a lateral clearance of two feet
from other utilities, except that in case of sewer pipes, gas pipes shall have a
minimum lateral clearance of three feet from them, and all pipes except service
pipes shall be laid five feet from the curb line; provided, that, under exceptional
circumstances, the City Engineer, with the written consent of the utility involved,
may authorize less clearance. Pipes shall have a vertical clearance of 12 inches
when crossing another pipe. Pipes shall be laid with a cover of not less than 30
inches and 30 inches below all irrigation and drainage ditches or flumes, except
Page 62 of 185
Ordinance – WA ST Building Code Updates - 28
that, under exceptional circumstances, the City Engineer may authorize less
coverage. Where a trench is in rock, the depth may be 24 inches if the pipe is
properly cushioned by refilling the trench with sand or noncorrosive soil. In the
event interference with other subsurface structures makes it impractical to maintain
the above depths and clearances, the City Engineer, with the written consent of the
utility involved, may permit gas pipelines and mains to be constructed so as to avoid
such subsurface structures. [Ord. 1503 § 25, 1971; Code 1970 § 16.12.250.]
16.25.180 Restoration of surface by City.
If the gas company shall have failed to restore the surface of the public properties
to their original and proper condition upon the expiration of the time fixed by such
permit or upon the completion of the work allowed to be done under such permit,
the City Engineer shall, if he deems it advisable, have the right to do all work and
things necessary to do so. The gas company shall be liable for the expense thereof
upon the bond filed at the time of granting the permit, and the City shall have a
cause of action for all fees, expenses, and amounts paid out upon such work;
provided, that in any case, it shall be the duty of the gas company to guarantee and
maintain the area disturbed for one year after returning it to its original condition;
provided, further, that, if, in the judgment of the City Engineer, it is not expedient
to relay the pavement over any cut or excavation made in any publi c properties
upon the completion of the work allowed under such permit, by reason of the
looseness of the earth or weather conditions, he may direct the gas company to lay
a temporary pavement of wood or other suitable material designated by him over
such cut or excavation, to remain until such time as the repair of the original
pavement may be properly made, and in case of the failure of the gas company to
commence in good faith the relaying of such temporary pavement within five days
after the date of such notice, the City Engineer may lay such temporary pavement
himself and collect the cost thereof from the party having such permit in the manner
hereinbefore provided. [Ord. 1503 § 26, 1971; Code 1970 § 16.12.260.]
16.25.190 Inspection and fee therefor.
If, in the judgment of the City Engineer, the nature of the work be such as to require
inspection on behalf of the City, either during the progress of the same or after the
area affected has been restored to its original condition, or at both times, he ma y
inspect the work, and the expense therefor shall be paid by the gas company. [Ord.
1503 § 27, 1971; Code 1970 § 16.12.270.]
16.25.200 Interference with utilities and improvements.
The gas company shall not interfere with any existing utility without the consent of
the City Engineer. If it becomes necessary to move an existing utility, this shall be
Page 63 of 185
Ordinance – WA ST Building Code Updates - 29
done by the utility charged with the operation of the same at the expense of the gas
company. Whenever the gas company’s existing utility, occupying space in the
street, interferes with the actual construction of any public improvement, such
utility shall be moved by the gas company; provided, however, that no utility, either
publicly or privately owned, shall be moved to accommodate the gas company
unless the cost of such work be borne by the gas company. [Ord. 1503 § 28, 1971;
Code 1970 § 16.12.280.]
16.25.210 Preservation of monuments.
The gas company shall not disturb any survey monuments or hubs found on the line
of the improvements until ordered to do so by the City Engineer. A penalty of
$50.00 shall be imposed for every monument or hub disturbed without such orders.
[Ord. 1503 § 29, 1971; Code 1970 § 16.12.290.]
16.25.220 Testing of piping on new construction fees.
Before any newly constructed distribution and transmission system is finally
accepted for permanent service, it shall be carefully tested in conformity with the
state rules and regulations adopted by this chapter to assure that it is gas tight. The
inspector shall coordinate his tests of the distribution and transmission system with
that of the gas company so as to avoid duplicate tests. The inspector shall bill the
gas company for all expenses incurred in connection with tests or inspection. [Ord.
1503 § 30, 1971; Code 1970 § 16.12.300.]
16.25.230 Testing of prior constructed distribution or transmission
system.
Any distribution or transmission system constructed prior to the effective date of
this chapter shall be given a test for leak in the manner prescribed in the ASA Code
B31.1-1955 and state rules and regulations of the Washington Public Service
Commission applicable to gas transmission and/or distribution utilities relating to
the up-rating and increasing of pressure in existing mains. Wherever such ASA
Code and rules and regulations relate to up-rating and increasing pressure in
existing mains, they shall also apply equally where natural gas is introduced into
existing mains which have previously carried artificial gas. [Ord. 1503 § 31, 1971;
Code 1970 § 16.12.310.]
16.25.240 Allowable pressures for prior constructed system.
No prior constructed distribution or transmission system shall be operated in excess
of the pressure used therein on the effective date of this chapter without the written
Page 64 of 185
Ordinance – WA ST Building Code Updates - 30
permission of the inspector, who shall require compliance with the ASA Code
Section 8, B31.1-1955. [Ord. 1503 § 32, 1971; Code 1970 § 16.12.320.]
16.25.250 Cathodic treated pipe.
If the gas company desires to install gas pipe with cathodic protection, it must
comply with the following requirements before the City Engineer may issue a
permit therefor:
(1) Furnish the City Engineer with a description of the method and of the place or
places where the cathodic protection is to be installed;
(2) Furnish an executed contract between all of the underground utility systems
which indicates all of such utility systems; that the parties thereto agree that
cathodic protection should be installed and agree upon the plan therefor; that
the parties agree upon the method or methods and the type of equipment to be
used, upon the type of tests required to be made by each party to determine the
effect of protective installation upon its property, upon protective facilities, and
when they are to be installed; upon the division of costs; and who shall build,
own, operate, and maintain the proposed common installation. [Ord. 1503 § 33,
1971; Code 1970 § 16.12.330.]
16.25.260 Compressor stations.
Compressor stations shall be constructed to meet the following performance
standards: Noise and vibration shall be eliminated by proper construction of
structures and with sufficient screening and dampening to control nuisance of noise
and vibration. The compressor and pump stations shall not be located closer than
1200 feet to a residential district and shall be so located as to have front yard of 200
feet, and side and rear yards of 100 feet, and shall have a 20-foot wide green belt
around a sight obscuring fence six feet high. Compressor stations shall not be over
30 feet in height and shall be of sound-proofed masonry material. All machines
shall be placed on shock-absorbing mountings and on a suitable reinforced concrete
footing to reduce vibrations. Noise in decibels as measured at property lines shall
not be over 60 decibels and muffled so as not to become objectionable to a
substantial number of people due to intermittence, beat frequency or high
frequency, or shrillness, nor exceed street traffic noise during normal day work
shift. Necessary silencers on the air intake openings, sound insulation of the
mufflers and other piping, and soundproofing of the interior of structures shall be
provided. No machine shall be loaded beyond the capacity as prescribed by the
manufacturer. Vibration displacement at the property line shall not exceed one one-
thousandth of one inch. No smoke or soot shall be permitted to emanate from the
operation of the station. Noise, vibration, odors or other conditions which create
nuisances shall not be permitted. [Ord. 1503 § 34, 1971; Code 1970 § 16.12.340.]
Page 65 of 185
Ordinance – WA ST Building Code Updates - 31
16.25.270 Adoption of standards by reference.
The following, and as the same also may hereafter be amended, are adopted by
reference and shall be observed:
(1) Appliances:
a) 2015 Most current State adopted International Mechanical Code, 2015
International Fuel Gas code, 2011 NFPA 58 Liquefied Petroleum Gas Code,
and 2012 NFPA 54 National Fuel Gas Code.
(2) Gas transmission and distribution system:
a) The American Standard Code for Pressure Piping, Section 8, Gas
Transmission and Distribution Piping Systems (ASA B31.1-1955).
b) The state rules and regulations of the Washington Public Service
Commission applicable to gas transmission and/or distribution utilities and
safety standards and rules and regulations of the State Department of Labor
and Industries. [Ord. 4296, 2016; Ord. 4108, 2013; Ord. 3964, 2010; Ord.
3670 § 5, 2004; Ord. 1503 § 35, 1971; Code 1970 § 16.12.350.]
16.25.280 Conflicting provisions.
In the event any of the provisions of this chapter conflict with any other provisions
of this chapter, with any other City ordinances or with the standards embodied in
state and federal laws and rules and regulations, the provisions containing the
highest standards shall be observed. [Ord. 1503 § 36, 1971; Code 1970
§ 16.12.360.]
Chapter 16.30
HOUSING CODE
Sections:
16.30.010 International Property Maintenance Code.
16.30.020 Board of Appeals.
16.30.030 Amendment to international property maintenance code.
16.30.010 International Property Maintenance Code.
The most current State adopted International Property Maintenance Code, 2015
Edition, prepared by the International Code Council, as hereinafter amended or
revised, is adopted by the City as its official housing code. [Ord. 4296, 2016; Ord.
4108, 2013; Ord. 3964, 2010; Ord. 3670 § 6, 2004; Ord. 3316 § 7, 1998; Ord. 3134
§ 1, 1996; Ord. 2882 § 1, 1992; Ord. 2728 § 1, 1989; Ord. 2606 § 1, 1986; Ord.
2156 § 1, 1980; Ord. 1856 § 1, 1977; Code 1970 § 16.16.010.]
Page 66 of 185
Ordinance – WA ST Building Code Updates - 32
16.30.020 Board of Appeals.
Section 111 of the International Property Maintenance Code is repealed from the
International Property Maintenance Code and the Board of Appeals as set forth in
PMC 16.05.040 is adopted in its place. [Ord. 3670 § 6, 2004; Ord. 2156 § 2, 1980;
Ord. 1856 § 1, 1977; Code 1970 § 16.16.020.]
16.30.030 Amendment to international property maintenance code.
108.1.3. Section 108.1.3 of the International Property Maintenance Code shall be
amended to read as follows: or, as determined by the Community and Economic
Development Director, his designee or by the Health Officer, the dwelling lacks
adequate garbage and rubbish, storage and removal facilities. [Ord. 3670 § 6, 2004;
Ord. 2728 § 2, 1989; Code 1970 § 16.16.030.]
Chapter 16.35
ENERGY CODE
Sections:
16.35.010 Washington State Energy Code adopted.
16.35.020 Permit fees.
16.35.030 Board of Appeals.
16.35.040 Violations – Penalties.
16.35.010 Washington State Energy Code adopted.
Chapter 51-11 WAC and Chapter 19.27A RCW, as hereinafter amended or revised,
Washington State Energy Code, as hereafter amended or revised, is adopted by the
City as its official energy code. [Ord. 3316 § 8, 1998; Ord. 2822 § 1, 1991; Code
1970 § 16.18.010.]
16.35.020 Permit fees.
Every applicant for a permit to do work regulated by this code shall pay for each
permit, at the time of application, a fee as adopted by the Pasco Municipal Code in
PMC 16.05.080. [Ord. 3964, 2010; Ord. 3316 § 8, 1998; Ord. 3138 § 1, 1996; Ord.
2595 § 1, 1986; Code 1970 § 16.18.020.]
Page 67 of 185
Ordinance – WA ST Building Code Updates - 33
16.35.030 Board of Appeals.
In order to determine the suitability of alternative materials and methods of
construction and/or installation and provide for reasonable interpretation of the
provisions of the energy code, the Board of Appeals, created pursuant to Appendix
B Section 113 of the 2015 most current State adopted International Building
Code(s) as amended by PMC 16.05.040, shall hear appeals and make
determinations arising out of or in connection with the decisions of the Building
Official. When it is claimed that the provisions of this code do not apply or that the
true intent or meaning of this code has been misconstrued or wrongly interpreted,
the applicant may, within 30 days of the decision, appeal to the Board of Appeals.
[Ord. 4296, 2016; Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 7, 2004; Ord.
3316 § 8, 1998; Ord. 3138 § 2, 1996; Ord. 2595 § 1, 1986; Code 1970 § 16.18.030.]
16.35.040 Violations – Penalties.
Every person, firm or corporation found to be in violation of any of the provisions
of the Pasco Washington State energy code shall be deemed to have committed a
civil infraction and for each such violation shall be subject to a civil penalty of not
more than $250.00. For any violation of a continuing nature, each day’s violation
shall be considered a separate offense and shall subject the offender to the above
penalty for each offense. [Ord. 2595 § 1, 1986; Code 1970 § 16.18.040.]
Chapter 16.40
DANGEROUS BUILDING CODE
Sections:
16.40.010 Uniform Code for the Abatement of Dangerous Buildings adopted.
16.40.020 Board of Appeals.
16.40.030 Amendment of Uniform Code for the Abatement of Dangerous
Buildings.
16.40.010 Uniform Code for the Abatement of Dangerous Buildings
adopted.
The International Building Code(s) and Uniform Code for the Abatement of
Dangerous Buildings, 1997 Edition, prepared by the International Conference of
Building Officials as hereinafter amended or revised, and as hereafter amended or
revised, is adopted by the City as its official dangerous building code. [Ord. 3670
§ 8, 2004; Ord. 3316 § 10, 1998; Ord. 3134 § 3, 1996; Ord. 2882 § 2, 1992; Ord.
2729 § 1, 1989; Ord. 2607 § 1, 1986; Ord. 2157 § 1, 1980; Ord. 1857 § 1, 1977;
Code 1970 § 16.20.010.]
Page 68 of 185
Ordinance – WA ST Building Code Updates - 34
16.40.020 Board of Appeals.
Section 205 of the Uniform Code for the Abatement of Dangerous Buildings is
repealed from the Uniform Code for the Abatement of Dangerous Buildings and
the Board of Appeals as set forth in PMC 16.05.040 is adopted in its place. [Ord.
2157 § 2, 1980; Ord. 1857 § 1, 1977; Code 1970 § 16.20.020.]
16.40.030 Amendment of Uniform Code for the Abatement of Dangerous
Buildings.
Section 302(15) shall be amended to read as follows:
Wherever a building or structure, used or intended to be used for dwelling
purposes, because of inadequate maintenance, dilapidation, decay, damage,
faulty construction or arrangement, inadequate light, air or sanitation
facilities, or otherwise, is determined by the Community and Economic
Development Director, his designee or by the Health Officer to be
unsanitary, unfit for human habitation or in such a condition that is likely to
cause sickness or disease.
[Ord. 2729 § 2, 1989; Code 1970 § 16.20.030.]
Chapter 16.45
HOUSE AND BUILDING NUMBERING
Sections:
16.45.010 Uniform system adopted.
16.45.020 Numbering on avenues – Base line.
16.45.030 North and south prefixes on avenues.
16.45.040 Numbering on streets – Base line prefixes.
16.45.050 Point to begin numbering west.
16.45.060 Point to begin numbering east.
16.45.070 Numbering east on East and West Lewis Street.
16.45.080 Numbers on lots.
16.45.090 House number – Placing on building.
16.45.100 Numbering required – Official plat.
16.45.010 Uniform system adopted.
There is adopted a uniform system of numbering all houses, stores and other
buildings (except sheds and outhouses) erected or to be erected within the City
limits. [Code 1970 § 16.24.010; Code 1954 § 5-10.04.]
Page 69 of 185
Ordinance – WA ST Building Code Updates - 35
16.45.020 Numbering on avenues – Base line.
The initial base line for numbering buildings on lots fronting upon the avenues shall
be East and West Lewis Street. Each block lying between the streets parallel with
East Lewis Street, or running in an easterly or westerly direction and north or south
of East and West Lewis Street shall be in a series of numbers of 100. [Code 1970
§ 16.24.020; Code 1954 § 5-10.08.]
16.45.030 North and south prefixes on avenues.
For the convenience of location and address, the numbers south of East and West
Lewis Street shall be prefixed South (S) and the numbers north of East and West
Lewis Street shall be prefixed North (N). Thus, between East Lewis Street and East
Columbia Street on Oregon Avenue, the numbers or series of numbers shall be
South 100. Between A Street and B Street on Oregon Avenue, the series will be
South 800. Between East Shoshone Street and East Bonneville Street, the series of
numbers shall be North 300. [Code 1970 § 16.24.030; Code 1954 § 5-10.12.]
16.45.040 Numbering on streets – Base line prefixes.
The initial base line for numbering buildings on lots fronting upon streets shall be
the main line of the Northern Pacific Railway Company right-of-way. All numbers
on buildings east of the base line shall be prefixed East (E) and all numbers on
buildings west of the division line shall be prefixed West (W). [Code 1970
§ 16.24.040; Code 1954 § 5-10.16.]
16.45.050 Point to begin numbering west.
The initial point to begin numbering west of the division line shall be at the
intersection of Tacoma Avenue and West Lewis Street in the Northern Pacific plat
of the City and the intersection of “A” Street and the Northern Pacific Railway
Company right-of-way south of the old Northern Pacific right-of-way. [Code 1970
§ 16.24.050; Code 1954 § 5-10.20.]
16.45.060 Point to begin numbering east.
The initial point to begin numbering east of the division line is the intersection of
Ainsworth Street with the Northern Pacific Railway Company’s main line right-of-
way. Thus, between the Northern Pacific Railway Company’s main line right-of-
way and 4th Avenue, the series of numbers will be East 100, and between the
Page 70 of 185
Ordinance – WA ST Building Code Updates - 36
Northern Pacific Railway Company right-of-way and Main Street, on East Lewis
Street, the series of numbers will be East 1100. [Code 1970 § 16.24.060; Code 1954
§ 5-10.24.]
16.45.070 Numbering east on East and West Lewis Street.
The initial point to start numbering East of the Northern Pacific Railway
Company’s right-of-way on East and West Lewis Street shall be the intersection of
Oregon Avenue and East Lewis Street. [Code 1970 § 16.24.070; Code 1954 § 5-
10.28.]
16.45.080 Numbers on lots.
Every lot having frontage on any street or avenue of 25 feet or less shall have one
number and every lot having frontage of over 25 feet shall have an additional
number for each additional 25 feet or fraction thereof. Every lot fronting upon
avenues shall be numbered consecutively from north to south and from south to
north from the division line, and odd numbers on the east and the even numbers on
the west side of the avenue. Every lot fronting upon streets shall be numbered
consecutively from east to west and from west to east starting at the division point,
the even numbers on the south and the odd numbers on the north side of the street,
the first lot north or west of the street or division line receiving the final figure 1 or
2, as it shall be on the odd or even side of the street; provided, that if the house,
store or other building faces in a different direction than the frontage of the lot on
which the structure is located, the house, store or other building will be numbered
on the street or avenue it faces under the same footage specifications as set forth
above. [Code 1970 § 16.24.080; Code 1954 § 5-10.32.]
16.45.090 House number – Placing on building.
The basis or initial number as provided in PMC 16.45.020 through 16.45.070,
prefixed to the lot number as provided in PMC 16.25.080, shall constitute the
number of the building on such lot. Such number shall be placed in some
conspicuous place on the front of the building and shall be painted thereon, or on
metal or glass, or metal figures used and fastened thereon, at the option of the
owner. The figures constituting such numbers shall not be less than four inches in
height on business houses and not less than two and one-half inches in height on
residences. [Code 1970 § 16.24.090; Code 1954 § 5-10.36.]
16.45.100 Numbering required – Official plat.
Page 71 of 185
Ordinance – WA ST Building Code Updates - 37
All houses and buildings now erected shall be numbered as herein provided and all
buildings hereafter erected shall be numbered before being occupied, and it shall
be the duty of the City Building Inspector, upon application therefor, to furnish
information as to the correct number to be affixed to any such building. The City
Building Inspector is authorized and instructed to prepare an official plat of the
City, showing the numbers to be placed upon buildings now erected and which may
hereafter be erected upon the property. The map is hereby referred to and made a
part of this chapter. [Code 1970 § 16.24.100; Code 1954 § 5-10.40.]
Chapter 16.50
MOVING BUILDINGS
Sections:
16.50.010 Permit – Required.
16.50.020 Permit – Application.
16.50.030 Fee schedule.
16.50.040 Standards for issuance.
16.50.050 House mover’s license.
16.50.060 Liability insurance.
16.50.070 Indemnity bond to be filed.
16.50.080 General contractor.
16.50.090 Designated streets for removal.
16.50.100 Permittee duties.
16.50.110 Enforcement.
16.50.120 Building code compliance.
16.50.130 General provisions.
16.50.140 General deposit.
16.50.150 Return of fees and deposits.
16.50.160 Appeal.
16.50.170 Penalties.
16.50.010 Permit – Required.
No building or part of a building shall be moved over, along or across any street or
alley of the City unless the person moving such building or part of a building shall
have previously secured a permit therefor from the Building Inspector, and unless
such person shall have a valid house mover’s license and shall have on file an
indemnity bond as provided in PMC 16.50.070. Provisions of this chapter shall not
apply to mobile homes, nor shall they apply to modular homes when moved from
factory to a permanent location. [Ord. 1810 § 1, 1976; Code 1970 § 16.28.010.]
Page 72 of 185
Ordinance – WA ST Building Code Updates - 38
16.50.020 Permit – Application.
(1) A person seeking issuance of a permit hereunder shall file an application for
such permit with the Building Inspector.
(2) Form. The application shall be made in writing, upon forms provided by the
Building Inspector, and shall be filed in the office of the Building Inspector.
(3) Contents. The application shall set forth:
a) A description of the building proposed to be moved, giving street number,
construction materials, dimensions, number of rooms and condition of
exterior and interior;
b) A legal description of the lot from which the building is to be moved, giving
the lot, block and tract number, if located in the City;
c) A legal description of the lot to which it is proposed such building be
moved, giving lot, block and tract number, if located in the City;
d) The portion of the lot to be occupied by the building when moved;
e) The highways, streets, alleys or lots over, along or across which the building
is proposed to be moved;
f) Proposed moving date and hours;
g) Any additional information which the Building Inspector shall find
necessary to facilitate a fair determination of whether a permit should be
issued.
(4) Accompanying Papers. The following certificates shall accompany the
application:
a) Assessment Certificate. The owner of the building to be moved shall file with
the application sufficient evidence that the building and lot from which it is
to be removed are free of any entanglements and that all City assessments
and any other City charges against the same are paid in full.
b) Certificate of Ownership or Entitlement. The applicant, if other than the
owner, shall file with the application a written statement or bill of sale signed
by the owner, or other sufficient evidence that he is entitled to move the
building. [Ord. 1810 § 2, 1976; Code 1970 § 16.28.020.]
16.50.030 Fee schedule.
The following schedule of fees will be charged for the relocation of buildings as
defined by this chapter:
(1) To relocate a building on the same lot or parcel (without use of public right-of-
way): $25.00;
(2) To move a building from one lot within the City to another lot within the City
(use of public right-of-way): $100.00;
(3) To move a building into the City limits from outside the City limits: $100.00;
(4) To move a building from within the City limits to a point outside the City limits:
$25.00. [Ord. 1810 § 3, 1976; Code 1970 § 16.28.030.]
Page 73 of 185
Ordinance – WA ST Building Code Updates - 39
16.50.040 Standards for issuance.
The Building Inspector shall refuse to issue a permit, if it is found:
(1) That any application requirement of any fee or deposit requirement has not been
complied with;
(2) That the building is too large to move without endangering persons or property
in the City;
(3) That the building is in such a state of deterioration or disrepair or is otherwise
so structurally unsafe that it could not be moved without endangering persons
and property in the City;
(4) That the building is structurally unsafe or unfit for the purpose for which
moved, if the removal location is in the City;
(5) That the applicant’s equipment is unsafe and that persons and property would
be endangered by its use;
(6) That zoning or other ordinances would be violated by the building in its new
location;
(7) That for any other reason persons or property in the City would be endangered
by the moving of buildings. [Ord. 1810 § 4, 1976; Code 1970 § 16.28.040.]
16.50.050 House mover’s license.
No person or persons shall undertake to move any building on the streets of the City
without first taking out a house mover’s license, issued by the City Clerk on
application therefor, the fee for which shall be $50.00 per year. Said license shall
not be transferable and shall entitle the holder to engage in the general house-
moving business in the City, on filing an indemnity bond as provided in PMC
16.50.070 and upon compliance with the other provisions of this chapter. [Ord.
1810 § 5, 1976; Code 1970 § 16.28.050.]
16.50.060 Liability insurance.
(1) The applicant shall file with the City Clerk a certificate of insurance or a copy
of the insurance policy showing that the applicant has in full force and effect
limits of not less than:
a) Bodily injury to one person, $25,000;
b) Bodily injury to more than one person, $100,000;
c) Property damage suffered by one person, firm or corporation, including the
City, $25,000;
d) Property damage suffered by more than one person, firm or corporation,
including the City, $75,000;
(2) There shall also accompany the certificate or copy of the insurance policy a
covenant on the part of the insurer that the insurance coverage will not be
Page 74 of 185
Ordinance – WA ST Building Code Updates - 40
canceled or lapsed for a period of 30 days following written notice given by the
insurer to the City Clerk. [Ord. 1810 § 6, 1976; Code 1970 § 16.28.060.]
16.50.070 Indemnity bond to be filed.
It is unlawful for any person, firm or corporation to undertake to move any building
or part thereof on the streets or alleys of the City unless and until he or it has first
filed an indemnity bond with the City Clerk, to be approved by the City Attorney
as to form, in the sum of $1,000, indemnifying the City against any and all damage
to the streets, sidewalks, gutters and other property of the City, and against any and
all damages and claims for damages arising, directly or indirectly, as the result of
the alleged carelessness or negligence of any person, firm or corporation moving
such building, his or its agents or employees, and City officers or employees;
providing, however, that any contractor, or any person, firm or corporation, having
procured a house mover’s license as hereinbefore provided, may file a general bond
to cover any and all jobs of house moving, over which he or it has supervision, and
indemnifying the City as hereinbefore set forth, which bond shall be good for the
period of the license and not to exceed one year, and in the event such general bond
is on file, such house mover shall not be required to furnish any other or further
bond unless a claim has been filed or suit instituted against the City as the result of
the alleged negligence or carelessness of such house mover, in which event such
house mover shall be required to file an additional indemnifying bond so that at all
times the City is protected by an indemnifying bond in the sum of $1,000 over and
above the amount of any and all claims filed or legal actions instituted against the
City on account of alleged negligence of such house mover, his or its agent or
employees, and City officers or employees. [Ord. 1810 § 7, 1976; Code 1970
§ 16.28.070.]
16.50.080 General contractor.
The provisions of PMC 16.50.060 shall not be applicable to general contractors as
defined by and registered in accordance with Chapter 18.27 RCW. [Ord. 1810 § 8,
1976; Code 1970 § 16.28.080.]
16.50.090 Designated streets for removal.
The Building Inspector shall procure from the City Engineer a list of designated
streets over which the building may be moved. The Building Inspector shall have
the list approved by the Chief of Police. In making their determinations the City
Engineer and the Chief of Police shall act to assure maximum safety to persons and
property in the City and to minimize congestion and traffic hazards on public
streets. [Ord. 1810 § 9, 1976; Code 1970 § 16.28.090.]
Page 75 of 185
Ordinance – WA ST Building Code Updates - 41
16.50.100 Permittee duties.
Every permittee under this chapter shall:
(1) Use Designated Streets. Move a building only over streets designated for such
use in the written permit;
(2) Notify of Revised Moving Time. Notify the Building Inspector in writing of a
desired change in moving date and hours as proposed in the application;
(3) Notify of Damage. Notify the Building Inspector in writing of any and all
damage done to property belonging to the City within 24 hours after the damage
or injury has occurred;
(4) Display Lights. Cause red light to be displayed during the night on every side
of the building while standing on a street, in such a manner as to warn the public
of the obstruction, and shall at all times erect and maintain barricades across the
streets in such manner as to protect the public from damage or injury by reason
of the removal of the building;
(5) Comply with Governing Law. Comply with the building code, the fire code, the
zoning ordinance and all other applicable ordinances and laws upon relocating
the building in the City;
(6) Pay Expense of Officer. Pay the expense of a traffic officer if ordered by the
Building Inspector to accompany the movement of the building to protect the
public from injury;
(7) Clear Old Premises. Remove all rubbish and materials and fill all excavations
to existing grade at the original building site so that the premises are left in a
safe and sanitary condition;
(8) Remove Service Connection. See that the sewer line is plugged with a concrete
stopper and the water shut off. The permittee shall notify the gas and electric
service companies to remove their services. [Ord. 1810 § 10, 1976; Code 1970
§ 16.28.100.]
16.50.110 Enforcement.
(1) Enforcing Officers. The Building Inspector shall enforce and carry out the
requirements of this chapter.
(2) Permittee Liable for Expense Above Insurance Coverage. The permittee shall
be liable for any expense, damage or costs in excess of his insurance coverage,
and the City Attorney shall prosecute an action against the permittee in a court
of competent jurisdiction for the recovery of such excessive amounts.
(3) Original Premises Left Unsafe. The City shall proceed to do the work necessary
to leave the original premises in a safe and sanitary condition where permittee
does not comply with the requirements of this chapter, and the cost thereof shall
be charged against the general deposit. [Ord. 1810 § 11, 1976; Code 1970
§ 16.28.110.]
Page 76 of 185
Ordinance – WA ST Building Code Updates - 42
16.50.120 Building code compliance.
The owner shall file, at time of application, sufficient plans indicating the building
will comply with all the current building, mechanical, plumbing, electrical and fire
codes as adopted by the City. The plans shall contain at least the following
information:
(1) A detailed plot plan drawn at a scale of one inch equals 20 feet showing the
location of the house on the proposed new site, distance to side yards, off-street
parking in compliance with PMC Title 25, all other buildings on said site, north
direction indicator, scale, address, and legal property description;
(2) A dimensioned foundation plan drawn at a scale of one-fourth inch equals one
foot showing locations and size of footings and foundation walls, size and
spacing and direction of floor joists, girders, etc.;
(3) A floor plan drawn at a scale of one-fourth inch equals one foot showing
location of all partitions, plumbing fixtures, doors, size and location of
windows, water heater and heating unit;
(4) A structural cross-section showing the size and spacing of all trusses, rafters,
joists and other structural members, roof sheathing, subfloor, and wall and
partition construction. [Ord. 1810 § 12, 1976; Code 1970 § 16.28.120.]
16.50.130 General provisions.
All buildings to be moved for which a permit has been issued shall comply with the
following general provisions in addition to all other requirements of this chapter:
(1) All existing buildings, when relocated to a new site, shall be made to comply
with the current building, mechanical, plumbing, electrical and fire codes as
adopted by the City, prior to occupancy;
(2) Upon completion of the moving of the building, the owner shall proceed
immediately to bring the building into compliance with the plans as approved
by the Building Official for the building, all requirements of the zoning
ordinance, fire code, building code, mechanical code, plumbing code and
electrical code as adopted by the City, and all such work shall be completed
within 90 days from the issuance date of the building relocation permit. The
owner of said building shall secure all necessary permits for required work prior
to commencement of removing said building from its original site.
(3) Prior to the moving of the building across or through any public right -of-way,
all windows and doors shall be secured and all chimneys, antennas or other
appurtenances which protrude from the structure shall be removed, so as to
prevent accidental injury or damage to persons and property in the path of
travel. [Ord. 3316 § 11, 1998; Ord. 1810 § 13, 1976; Code 1970 § 16.28.130.]
Page 77 of 185
Ordinance – WA ST Building Code Updates - 43
16.50.140 General deposit.
(1) An application hereunder shall be accompanied by a cash deposit or corporate
surety performance bond in the sum of $5,000, conditioned upon the permittee,
within 90 days from the date of the issuance of such permit:
a) Completing the construction, painting and finishing of the exterior of the
building; and
b) Faithfully complying with all requirements of this chapter, the building
code, and the other ordinances then in effect within the City, including but
not limited to permittee completing such work within 90 days from the date
of the issuance of such permit.
(2) In the event the provisions hereof are not complied within the time specified,
the sum of $5,000 shall be forfeited to the City as a penalty for the default, and
this shall be in addition to any other penalties provided for failure to comply
with the terms of this chapter. [Ord. 1810 § 14, 1976; Code 1970 § 16.28.140.]
16.50.150 Return of fees and deposits.
(1) Return upon Nonissuance. Upon the refusal of the Building Inspector to issue a
permit, the Building Inspector shall return to the applicant all fees, deposits and
bonds.
(2) Return upon Allowance for Expense. After the building has been removed, the
Building Inspector shall prepare a written statement of all expenses incurred in
removing and replacing all property belonging to the City, and all material used
in the making of the removal and replacement, together with a statement of all
damage caused to or inflicted upon property belonging to the City; provided,
however, that if any wires, poles, lamps or other property are not located in
conformity with governing ordinances, the permittee shall not be liable for the
cost of removing the same. The Building Inspector shall return to the applicant
all deposits after deduction of a sum sufficient to pay for all of the cost and
expenses and for all damage done to property of the City by reason of the
removal of the building. [Ord. 1810 § 15, 1976; Code 1970 § 16.28.150.]
16.50.160 Appeal.
Any person aggrieved by the action of the Building Inspector in refusing to issue a
permit under this chapter shall have the right to appeal such action to the Mid-
Columbia Building Appeals Commission by filing a notice of appeal within 10 days
of receiving notice of the action from which appeal is taken. The Commission shall
set a date for hearing such appeal and at such hearing, the appellant may appear and
be heard, subject to reasonable rules and regulations provided by the Commission.
[Ord. 3670 § 9, 2004; Ord. 1810 § 16, 1976; Code 1970 § 16.28.160.]
Page 78 of 185
Ordinance – WA ST Building Code Updates - 44
16.50.170 Penalties.
Any person, firm or corporation who violates any of the provisions of this chapter
shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be
punished by fine in any sum not to exceed $500.00 or by imprisonment in the City
jail for a term not to exceed six months, or by both such fine and imprisonment.
Every such person, firm, or corporation shall be deemed guilty of a separate offense
for each and every day or portion thereof during which any violation of any portion
of any of the provisions of this chapter is committed, continued, or permitted.
Violations of this chapter by any licensed person, firm or corporation in the house-
moving business shall be sufficient ground for revocation of such license at the
discretion of the City Council. [Ord. 1810 § 17, 1976; Code 1970 § 16.28.170.]
Chapter 16.55
MECHANICAL CODE AND FUEL GAS CODE
Sections:
16.55.010 International Mechanical Code, International Fuel Gas Code,
NFPA 58 Liquefied Petroleum Gas Code, and NFPA National Fuel
Gas Code adopted.
16.55.020 Board of Appeals.
16.55.030 Permit fees.
16.55.010 International Mechanical Code, International Fuel Gas Code,
NFPA 58 Liquefied Petroleum Gas Code, and NFPA National
Fuel Gas Code adopted.
The 2015 most current State adopted International Mechanical Code, 2015
International Fuel Gas Code, 2011 NFPA 58 Liquefied Petroleum Gas Code, and
2012 NFPA 54 National Fuel Gas Code, as published by the International Code
Council and the National Fire Protection Association, as hereafter amended or
revised by the Washington State Building Code Council and published as Chapter
51-2252 WAC, is adopted as the mechanical code of the City, except as hereinafter
amended. [Ord. 4296, 2016; Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 10,
2004; Ord. 3316 § 12, 1998; Ord. 3135 § 1, 1996; Ord. 2883 § 2, 1992; Ord. 2725
§ 1, 1989; Ord. 2603 § 1, 1986; Ord. 2502 § 1, 1984; Ord. 2155 § 1, 1980; Ord.
1855 § 1, 1977; Code 1970 § 16.32.010.]
16.55.020 Board of Appeals.
Section 109 of the International Mechanical Code is repealed from the International
Mechanical Code and the Board of Appeals as set forth in PMC 16.05.040 is
Page 79 of 185
Ordinance – WA ST Building Code Updates - 45
adopted in its place. [Ord. 3670 § 10, 2004; Ord. 2155 § 1, 1980; Ord. 1855 § 1,
1977; Code 1970 § 16.32.020.]
16.55.030 Permit fees.
Section 106.5 of the International Mechanical Code is amended to read as follows:
Section 106.5.2 – Any person desiring a permit required by this code, shall, at the
time of filing an application therefor, pay a fee as set forth in PMC 16.05.080. [Ord.
3670 § 10, 2004; Ord. 1855 § 1, 1977; Code 1970 § 16.32.030.]
Chapter 16.60
SWIMMING POOL, SPA, AND HOT TUB CODE
Sections:
16.60.010 Swimming Pool, Spa and Hot Tub Code adopted.
16.60.020 Substitution for ISPSC Section 305.2.1 paragraph 1 fences.
16.60.030 New section added – Zoning regulations.
16.60.010 Swimming Pool, Spa and Hot Tub Code adopted.
The 2015 most current State adopted International Swimming Pool and Spa Code
as published by the International Code Council, as hereinafter amended or revised,
is adopted by the City as its official swimming pool, spa and hot tub code, by
reference herein. [Ord. 4296, 2016; Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670
§ 11, 2004; Ord. 3316 § 13, 1998; Code 1970 § 16.36.010.]
16.60.020 Substitution for ISPSC Section 305.2.1 paragraph 1 fences.
All outdoor swimming pools shall be enclosed by a nonclimbable fence or other
approved barrier, such fence or approved barrier to be not less than five feet in
height and provided with a self-closing gate or gates equipped with a latch or
locking device operable only from the pool side of the fence or by a locking device
operable by a key only on the outside of the fence. Said fence or barrier shall be no
closer than three feet from the water’s edge on all sides of the pool and the
maximum vertical clearance between grade and the bottom of the barrier shall not
exceed two inches, measured on the side of the fence or barrier which faces away
from the swimming pool, spa or hot tub. [Ord. 4296, 2016; Ord. 3964, 2010; Ord.
3670 § 11, 2004; Ord. 3316 § 13, 1998; Code 1970 § 16.36.020.]
Page 80 of 185
Ordinance – WA ST Building Code Updates - 46
16.60.030 New section added – Zoning regulations.
(1) Any swimming pool located in any zone shall maintain the same front and side
yard setbacks as required by PMC Title 25, Zoning, for the main building.
(2) Public and semi-public pools may be approved in a residential zone only after
obtaining a special permit from the Board of Adjustment. [Ord. 3964, 2010;
Ord. 3316 § 13, 1998; Code 1970 § 16.36.030.]
Chapter 16.65
FIRE PREVENTION CODE
Sections:
16.65.010 International Fire Code – Adopted.
16.65.020 Substitution for Section 108.1 of the IFC – Board of Appeals.
16.65.030 Amendment for Chapter 2 of the IFC Section 202 – Definitions.
16.65.040 Amendment for Section 401.5 of the IFC – Alarms.
16.65.050 Adoption of state-deleted sections of the IFC – Chapter 3 and
Chapter 5.
16.65.051 Substitution for Section 5601.1.3 of the IFC – Fireworks.
16.65.060 Substitution for Section 5608 of the IFC – Fireworks display.
16.65.070 Amendment of Section 5608.2, fireworks permits, to the IFC.
16.65.080 Addition of new Section 5608.2.1.1, display, agricultural and
wildlife fireworks and special effects, to the IFC.
16.65.090 Addition of new Section 5608.2.1.2, authority to seize fireworks, to
the IFC.
16.65.100 Addition of new Section 5608.2.1.3, liability insurance policy
required, to the IFC.
16.65.110 Amendment to Section 109.4, violations and penalties of the IFC.
16.65.010 International Fire Code – Adopted.
(1) There is adopted by the City Council of the City, pursuant to the provisions of
RCW 35.21.289 and Chapter 19.27 RCW, for the purpose of prescribing
regulations governing conditions hazardous to life and property from fire or
explosion, that certain code and standards known as the International Fire Code,
including Appendix Chapters A, B, C, D, E, F, G, H, I and ,J and references,
being in particular the 2015 most current State adopted editions thereof and the
whole thereof, as amended by the Washington State Building Code Council and
published as Chapters 51-34 and 51-35 WAC, save and except such portions as
are hereinafter deleted, modified or amended, and the same are adopted and
incorporated as fully as if set out at length herein and from the date on which
the ordinance codified in this chapter shall take effect, the provisions thereof
shall be controlling within the corporate limits of the City.
Page 81 of 185
Ordinance – WA ST Building Code Updates - 47
(2) It is the specific intent of the fire code of the City as herein adopted, modified
and amended, to place the obligation of complying with its requirements upon
the owners and occupiers of the buildings and premises within the scope, and
no provision of nor any term used in this fire code is intended to impose any
duty whatsoever upon the City or any of its officers or employees, for whom
the implementation and enforcement of this fire code shall be discretionary and
not mandatory.
(3) Nothing contained in this fire code is intended to be nor shall be construed to
create or form the basis for an y injury or damage resulting from the failure of a
building or any premises to comply with provisions of this fire code, or by
reason or in consequence of any inspection, notice, order, certificate,
permission or approval authorized or issued or done in connection with the
implementation or enforcement of this fire code, or by reason of any action or
inaction on the part of the City, related in any manner to the enforcement of this
fire code by its officers, employees or agents.
(4) It is expressly the purpose of this fire code to provide for and promote the health,
safety and welfare of the general public, and not to create or otherwise establish
or designate any particular class or group of persons who will or should be
especially protected or benefited by the provisions of this fire code. [Ord. 4296,
2016; Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 12, 2004; Ord. 3316 § 14,
1998; Code 1970 § 16.40.010.]
16.65.020 Substitution for Section 108.1 of the IFC – Board of Appeals.
Section 108.1 of the International Fire Code shall be omitted and the Mid-Columbia
Board of Appeals as set forth in PMC 16.05.040 is substituted in its place:
Section 108.1 Appeals. Whenever the Fire Chief or Community
Development Director or their designee disapproves an application or
refuses to grant a permit applied for, or when it is claimed that the provisions
of this code do not apply, or that the true intent of the code has been
misconstrued or wrongfully interpreted, the applicant may, within 30 (30)
days of the decision, appeal that decision to the Mid -Columbia Building
Appeals Commission as established under the building code.
[Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 12, 2004; Ord. 3316 § 14, 1998;
Code 1970 § 16.40.015.]
16.65.030 Amendment for Chapter 2 of the IFC Section 202 – Definitions.
The following words and terms in Chapter 2 of the International Fire Code are
amended in Sections 202-F and 202-J to include the following definitions:
Page 82 of 185
Ordinance – WA ST Building Code Updates - 48
Section 202-F “Fire Chief” is the Chief Officer of the Pasco Fire
Department or the Chief’s authorized representative and further means the
person appointed by the City Manager (or that person’s authorized
representative) to administer and enforce the International Fire Code within
the City of Pasco.
Section 202-J “Jurisdiction” means the City of Pasco.
[Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 12, 2004; Ord. 3316 § 14, 1998;
Code 1970 § 16.40.020.]
16.65.040 Amendment for Section 401.5 of the IFC – Alarms.
Section 401.5 of the International Fire Code is amended to read as follows:
Section 401.5. It is unlawful for any person, business or legal entity, having
or conducting a private fire alarm system to transmit three (3) or more false
alarms within a ninety (90) day period. The owner of any residence,
business or premises in which said alarm system exists, shall be responsible
for payment of the City of Pasco of its reasonable costs for labor, equipment,
fuel and materials, as determined by the Pasco Fire Chief, for a response by
the Fire Department for the third and each subsequent false alarm in a ninety
(90) day period. For the purposes of this section, the term “False Alarm”
means the activation of a fire alarm because of accident, malfunction or an
inadvertent activation, at a time when no fire exists on the premises.
[Ord. 3964, 2010; Code 1970 § 16.40.030.]
16.65.050 Adoption of state-deleted sections of the IFC – Chapter 3 and
Chapter 5.
Chapter 3, Section 308.1.4 and Chapter 5, Sections 503.1, 503.1.1, 503.1.2, 503.1.3,
503.2, 503.3, 503.4 as published in the 2015 most current State adopted
International Fire Code are hereby adopted. [Ord. 4296, 2016; Ord. 4108, 2013;
Ord. 3964, 2010; Ord. 3670 § 12, 2004; Ord. 3316 § 14, 1998; Code 1970
§ 16.40.040.]
16.65.051 Substitution for Section 5601.1.3 of the IFC – Fireworks.
(1) The possession, manufacture, storage, sale, and handling of fireworks are
prohibited except those permitted under subsection (2) of this section, or
exempt under subsection (3) of this section.
Page 83 of 185
Ordinance – WA ST Building Code Updates - 49
(2) Permitted Fireworks. Consumer fireworks as defined by RCW 70.77.136,
which are small devices designed to produce audible affects such as a whistling
device, ground device containing 50 milligrams or less of explosive materials,
except aerial devices, or such other devices that may be launched, discharged,
or may become airborne. Approved consumer fireworks for the purpose of this
section shall be identified from the Washington State Patrol list of consumer
fireworks pursuant to RCW 70.77.575 and posted upon the City’s website at
www.pasco-wa.gov, and generally identified under the Washington State Patrol
Fire Protection Bureau – Prevention Division website as Consumer Fireworks
for Sale in Tents and Stands.
(3) Exceptions.
a) Storage and handling of fireworks as allowed in Section 5604 by persons or
entities having the required licenses from the State of Washington for
manufacture, storage and wholesale distribution of fireworks at a location
zoned Industrial and approved by the City for the purpose of the distribution
of such fireworks for retail sale in or outside City limits.
b) The use of fireworks for fireworks displays as allowed in Section 5608
(Fireworks Display).
c) Possession, storage, sale, and handling of specific consumer fireworks as
defined in subsection (2) of this section.
(4) The City Manager or his/her designee, after consulting with the Fire Chief,
Police Chief, other officials and information as deemed appropriate, may
prohibit the discharge of all fireworks during periods of extreme fire
emergency. The City Manager or his/her designee shall consider relevant
advisory notices from such organizations as Emergency Management Division
Washington, Franklin County Emergency Management and regional
declarations of emergency in making a decision to enact emergency restrictions
on the discharge of fireworks.
(5) Retail sales of permitted consumer fireworks, as provided in subsection (2) of
this section, shall be allowed within City limits in certain zones and during
specific dates of each year and also subject to other criteria as provided for in
this chapter and in PMC 5.96 “Fireworks Sales and Wholesale Distribution.”
(6) Discharge of Fireworks. Permitted consumer fireworks may be used for
discharge only on the dates and times permitted by RCW 70.77.395, consisting
of each day between the hours of 12:00 noon and 11:00 p.m. on June 28th;
between the hours of 9:00 a.m. and 11:00 p.m. on June 29th to July 3rd; on July
4th between the hours of 9:00 a.m. and 12:00 midnight; between the hours of
9:00 a.m. and 11:00 p.m. on July 5th; and from 6:00 p.m. on December 31st
until 1:00 a.m. January 1st the subsequent year.
(7) Limitation on Use.
a) Supervision. It shall be unlawful for a parent, guardian, or other person
responsible for a child under the age of 16 to allow that child to possess,
use, discharge, or transport any fireworks unless that child is under the
immediate supervision of an adult. It shall be unlawful for any person under
the age of 16 to possess, use, discharge, or transport any fireworks unless
under immediate supervision of an adult (18 years old or older). It shall be
Page 84 of 185
Ordinance – WA ST Building Code Updates - 50
unlawful for any person or entity to sell or give fireworks to anyone under
the age of 16 years unless that person is under the immediate supervision of
an adult (18 years old or older).
b) Smoking and the discharge of fireworks shall be prohibited within 100 feet
of any building or stand in which fireworks are sold at retail or stored after
hours, or to discharge or permit discharge of fireworks in close proximity
to any structure, combustible material, or person creating unreasonable risk
of harm.
c) It is unlawful to use, fire, or discharge any fireworks along the route of or
during any parade or other place of public assembly, or in any commercial
district.
d) It is unlawful at any time to throw or toss any fireworks at any person,
animal, vehicle, thing or object.
e) It is unlawful to have in possession, use, fire, or discharge any fireworks in
any public park within the City, including vehicle parking areas, within or
adjacent to a park.
(8) Violation of this chapter shall constitute a civil infraction punishable by a civil
penalty of not less than $250.00 for each violation. Each discharge of a
nonpermitted firework shall be deemed a separate offense. [Ord. 4385 § 2,
2018; Code 1970 § 16.40.051.]
16.65.060 Substitution for Section 5608 of the IFC – Fireworks display.
Section 5608.1 of the International Fire Code is hereby amended to read as follows:
Section 5608.1 FIREWORKS DISPLAY: The Fire Chief shall have the
authority to adopt reasonable rules and regulations for the granting of
permits for supervised public display of fireworks by the municipality, fair
association, amusement parks, and other organizations. Every such display
shall be handled by a competent operator approved by the Fire Chief. Every
operator shall have first obtained a Washington State Pyrotechnic license
pursuant to RCW 70.77.305 and WAC Chapter 212-17. The display shall
be of such a character, and so located, discharged or fired as in the opinion
of the Fire Chief after proper inspection, shall not be hazardous to property
or endanger any person. Violation of this subsection shall constitute a civil
infraction punishable by a civil penalty not to exceed two hundred and fifty
dollars ($250.00) for each violation.
[Ord. 4385 § 1, 2018; Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 12, 2004;
Ord. 3316 § 14, 1998; Code 1970 § 16.40.050.]
Page 85 of 185
Ordinance – WA ST Building Code Updates - 51
16.65.070 Amendment of Section 5608.2, fireworks permits, to the IFC.
Section 3301.1.3.1 5608.2 of the International Fire Code is hereby added to read as
follows:
Section 5608.2 FIREWORKS PERMITS: Application for permits required
for a public display of fireworks originating within City of Pasco municipal
boundaries shall be made in writing at least fifteen (15) days in advance of
the display. No permit granted hereunder shall be transferable.
[Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3316 § 14, 1998; Code 1970 § 16.40.060.]
16.65.080 Addition of new Section 5608.2.1.1, display, agricultural and
wildlife fireworks and special effects, to the IFC.
Section 5608.2.1.1 of the International Fire Code is hereby added and shall read as
follows:
Section 5608.2.1.1 Display, Agricultural and Wildlife Fireworks, and
Special Effects: No person may sell, discharge, or possess in the City of
Pasco, any of the following except with a permit and in the manner provided
by law:
1. “Display fireworks” as defined in RCW 70.77.131 and WAC 212-17-
040.
2. “Agricultural and Wildlife Fireworks” as defined in RCW 70.77.141
and WAC 212-17-045.
3. “Special effects” as defined in RCW 70.77.146.
4. “Articles pyrotechnic, special effects for entertainment media” as
defined in RCW 70.77.535.
[Ord. 4108, 2013; Ord. 3964, 2010; Code 1970 § 16.40.070.]
16.65.090 Addition of new Section 5608.2.1.2, authority to seize fireworks,
to the IFC.
Section 5608.2.1.2 of the International Fire Code is hereby added and shall read as
follows:
Section 5608.2.1.2 AUTHORITY TO SEIZE FIREWORKS: Any member
of the Pasco Police or Fire Department is hereby authorized and empowered
to seize, take, remove or cause to be removed at the expense of the owner
any and all stocks of fireworks offered or exposed for sale, stored, or
transported, or held in violation of this article.
Page 86 of 185
Ordinance – WA ST Building Code Updates - 52
[Ord. 4108, 2013; Ord. 3964, 2010; Ord. 3670 § 12, 2004; Ord. 3316 § 14, 1998;
Code 1970 § 16.40.080.]
16.65.100 Addition of new Section 5608.2.1.3, liability insurance policy
required, to the IFC.
Section 5608.2.1.3 of the International Fire Code is hereby added and shall read as
follows:
Section 5608.2.1.3 LIABILITY INSURANCE POLICY REQUIRED: The
applicant for a permit for a public display of fireworks shall file with the
Fire Department a copy of public liability and property damage insurance
policy providing coverage with minimum limits as specified in RCW
70.77.295; however, the holder of general license from the chief of the
Washington State Patrol, through the director of fire protection, and upon
compliance with RCW 70.77.355, shall be excused from compliance with
this subsection.
[Ord. 4108, 2013; Ord. 3964, 2010; Code 1970 § 16.40.090.]
16.65.110 Amendment to Section 109.4, 110.4 violations and penalties of
the IFC.
Section 109.4 110.4 of the 2015 most current State adopted International Fire Code
is amended to read as follows:
Section 109.4 110.4 Violations – Penalties: Except for violations of PMC
Section 16.65.051, any person, firm or corporation violating a provision of
this chapter which is not also a violation of any other provisions of this title
or the codes adopted thereby, or shall fail to comply with the requirements
thereof or who shall erect, install, alter, repair, or do work in violation of
the approved construction documents or direction of the fire code official,
or of a permit or certificate used under the provisions of this chapter, or
operate or maintain an occupancy, premises, or vehicle subject to this
chapter who allow a hazard to exist or fail to take immediate action to abate
a hazard on such occupancy, premises, or vehicle when ordered to do so by
the fire code official, shall be guilty of a gross misdemeanor. Each day that
violation continues after due notice has been served, shall be deemed a
separate offense.
[Ord. 4385 § 3, 2018; Ord. 4296, 2016; Ord. 4108, 2013; Ord. 3964, 2010; Ord.
3670 § 12, 2004; Ord. 3316 § 14, 1998; Code 1970 § 16.40.100.]
Page 87 of 185
Ordinance – WA ST Building Code Updates - 53
Chapter 16.70
UNSAFE AND UNFIT BUILDINGS, STRUCTURES, AND PREMISES
Sections:
16.70.010 Findings.
16.70.020 Nuisance declared.
16.70.030 Definitions.
16.70.040 Enforcement authority and powers.
16.70.050 Procedure to abate unsafe or unfit structures or premises.
16.70.060 Abatement costs.
16.70.070 Right to appeal.
16.70.080 Appeals.
16.70.090 Service completed.
16.70.100 Supplemental chapter.
16.70.110 Nuisances – Powers reserved.
16.70.120 Additional violations and penalties.
16.70.130 Emergencies.
16.70.140 Discrimination prohibited.
16.70.150 Warrants for entry.
16.70.160 Adoption of RCW in its entirety.
16.70.010 Findings.
It is found that there exist in the City of Pasco dwellings and other buildings,
structures, and premises which are unfit for human habitation and which are unfit
for other uses due to dilapidation, disrepair, structural defects, defects increasing
the hazards of fire, accidents, or other calamities, inadequate drainage,
overcrowding, or due to other conditions which are inimical to the health and
welfare of the residents of the City. It is the intent of this chapter to clarify and
strengthen the procedures for abating such nuisances, particularly unsafe or unfit
dwellings, buildings, structures, or premises, modeled after the provisions of
Chapter 35.80 RCW. [Ord. 4305 § 1, 2016; Code 1970 § 16.50.010.]
16.70.020 Nuisance declared.
All buildings or structures in the City which by reason of decay, dilapidation, or
damage by fire, the elements, or any other cause, are now or hereafter shall become,
in the judgment of the Code Enforcement Officer, dangerous to the lives and safety
of persons or property or unsafe for the purpose or purposes for which they are
being used, unsafe or unfit structures and premises as defined in this chapter are
declared to be public nuisances. [Ord. 4305 § 1, 2016; Code 1970 § 16.50.020.]
Page 88 of 185
Ordinance – WA ST Building Code Updates - 54
16.70.030 Definitions.
For purposes of this chapter, the following definitions shall apply:
“Abate” means to repair, replace, remove, destroy, vacate, close, or otherwise
remedy a condition which constitutes a violation of this chapter by such means and
in such a manner and to such an extent as is required or permitted by this chapter,
as determined by the Code Enforcement Officer or other authorized official.
“Building code” means and includes the building code, its components, and related
codes adopted by the City of Pasco in this title.
“City” means the City of Pasco.
“Code Enforcement Officer” means the Inspection Services Manager of the City of
Pasco or his or her designee.
“Owner” and “person” shall have the same meanings as in the building code as
adopted by the City of Pasco.
“Premises” means and includes any structure, lot, parcel, real estate, or land, or
portion of land whether improved or unimproved, including adjacent sidewalks and
parking strips, and any lake, river, stream, drainage way, or wetland, within the
territorial limits of the City.
“Property,” unless otherwise defined or modified, includes premises and/or
structures, as required by its context, and may include personal property if required
by its context.
“Structure” means and includes any dwelling, house, shop, stable, building, or other
structure.
“Unsafe or unfit” includes, without limitation, any of the conditions described in
this subsection applicable to any dwelling, building, structure, or premises which
renders it unfit for human habitation or other use. The term “unsafe or unfit”
requires the enumerated conditions to be of such a degree as to be dangerous or
injurious to the health and safety of the occupants of such dwelling, structure,
building, or premises, or the occupants of neighboring dwellings, buildings,
structures, or premises or other residents of the City:
a) Whenever any door, aisle, passageway, stairway, or other means of exit is not
of sufficient width or size or is not so arranged as to provide safe and adequate
means of exit in case of fire or panic.
b) Whenever the walking surface of any aisle, passageway, stairway, or other
means of exit is so warped, worn, loose, torn, or otherwise unsafe as to not
provide safe and adequate means of exit in case of fire or panic.
Page 89 of 185
Ordinance – WA ST Building Code Updates - 55
c) Whenever the stress in any materials, member, or portion thereof, du e to dead
and live loads, is more than one and one-half times the working stress or
stresses allowed in the building code for new buildings of similar structure,
purpose, or location.
d) Whenever any portion thereof has been damaged by fire, earthquake, wind,
flood, or by any other cause, to such an extent that the structural strength or
stability thereof is materially less than it was before such catastrophe and is
less than the minimum requirements of the building code for new buildings of
similar structure, purpose, or location.
e) Whenever any portion or member or appurtenance thereof is likely to fail, or
to become detached or dislodged, or to collapse and thereby injure persons or
damage property.
f) Whenever any portion of a building, or any member, appurtenance, or
ornamentation on the exterior thereof is not of sufficient strength or stability,
or is not so anchored, attached, or fastened in place so as to be capable of
resisting a wind pressure of one-half of that specified in the building code for
new buildings of similar structure, purpose, or location without exceeding the
working stresses permitted in the building code for such buildings.
g) Whenever any portion thereof has wracked, warped, buckled, or settled to such
an extent that walls or other structural portions have materially less resistance
to winds or earthquakes than is required in the case of similar new construction.
h) Whenever the building or structure, or any portion thereof, because of (i)
dilapidation, deterioration, or decay; (ii) faulty construction; (iii) the removal,
movement, or instability of any portion of the ground necessary for the purpose
of supporting such building; (iv) the deterioration, decay, or inadequacy of its
foundation; or (v) any other cause, is likely to partially or completely collapse.
i) Whenever, for any reason, the building or structure, or any portion thereof, is
manifestly unsafe for the purpose for which it is being used.
j) Whenever the exterior walls or other vertical structural members list, lean, or
buckle to such an extent that a plumb line passing through the center of gravity
does not fall inside the middle one-third of the base.
k) Whenever the building or structure, exclusive of the foundations, shows 33
percent or more damage or deterioration of its supporting member or members,
or 50 percent damage or deterioration of its nonsupporting members, enclosing
or outside walls or coverings.
l) Whenever the building or structure has been so damaged by fire, wind,
earthquake, or flood, or has become so dilapidated or deteriorated as to become
(i) an attractive nuisance to children; (ii) a harbor for vagrants, criminals, or
immoral persons; or as to (iii) enable persons to resort thereto for the purpose
of committing unlawful or immoral acts.
m) Whenever any building or structure has been constructed, exists, or is
maintained in violation of any specific requirement or prohibition applicable
to such building or structure provided by the building regulations of this
jurisdiction, as specified in the building code or housing code, or of any law or
ordinance of this state or jurisdiction relating to the condition, location, or
structure of buildings.
Page 90 of 185
Ordinance – WA ST Building Code Updates - 56
n) Whenever any building or structure, which, whether or not erected in
accordance with all applicable laws and ordinances, has in any nonsupporting
part, member, or portion less than 50 percent or in any supporting part,
member, or portion less than 66 percent of the (i) strength, (ii) fire-resisting
qualities or characteristics, or (iii) weather-resisting qualities or characteristics
required by law in the case of a newly constructed building of like area, height,
and occupancy in the same location.
o) Whenever a building or structure, used or intended to be used for dwelling
purposes, because of inadequate maintenance, dilapidation, decay, damage,
faulty construction or arrangement, inadequate light, air, or sanitation facilities,
or otherwise, is determined by the Health Officer to be unsanitary, unfit for
human habitation, or in such a condition that is likely to cause sickness or
disease.
p) Whenever a building or structure, because of obsolescence, dilapidated
condition, deterioration, damage, inadequate exits, lack of sufficient fire-
resistive construction, faulty electric wiring, gas connections, or heating
apparatus, or other cause, is determined by the Fire Chief to be a fire hazard.
q) Whenever any building or structure is in such a condition as to constitute a
public nuisance known to the common law or in equity jurisprudence.
r) Whenever any portion of a building or structure remains on a site after the
demolition or destruction of the building or structure or whenever any building
or structure is abandoned for a period in excess of six months so as to constitute
such building or portion thereof an attractive nuisance or hazard to the public.
s) Whenever any building, structure, dwelling, or premises, or any portion
thereof, is vacated, is not secured against entry, and is subject to acts of
unlawful burning. [Ord. 4305 § 1, 2016; Code 1970 § 16.50.030.]
16.70.040 Enforcement authority and powers.
(1) The responsibility for administration and enforcement of this chapter, unless
otherwise provided, is vested in the Code Enforcement Officer as defined in
this chapter.
(2) The Code Enforcement Officer may exercise such lawful powers as may be
necessary or convenient to effectuate the purposes and provisions of this
chapter. These powers shall include the following in addition to others herein
granted:
a) To determine, pursuant to standards prescribed by the International building
code(s), which dwellings within the City are unfit for human habitation;
b) To determine, pursuant to standards prescribed by the International building
code(s), which buildings, structures, or premises are unfit for other use;
c) To administer oaths and affirmations, examine witnesses and receive
evidence;
d) To investigate the dwelling or other property conditions in the City and to
enter upon premises to make examinations when the Code Enforcement
Page 91 of 185
Ordinance – WA ST Building Code Updates - 57
Officer has reasonable ground for believing they are unfit for human
habitation, or for other use.
e) To enter upon private and public property for such purposes and other
purposes of this chapter subject to the provisions of PMC 16.70.150 and in
such a manner as to cause the least possible inconvenience to the person(s)
in possession, as determined by the Code Enforcement Officer. [Ord. 4305
§ 1, 2016; Code 1970 § 16.50.040.]
16.70.050 Procedure to abate unsafe or unfit structures or premises.
(1) Complaint. If, after a preliminary investigation, the Code Enforcement Officer
finds that any structure or premises is unsafe or unfit, he or she shall cause a
written complaint to be served either personally or by certified mail with return
receipt requested, upon all persons having any interest therein, as shown upon
the records of the Franklin County Auditor’s office, and shall post the complaint
in a conspicuous place on such property. The complaint shall state in what
respects such structure or premises is unsafe or unfit as defined in this chapter
and may include notice of additional penalties or remedies available to the City
under other provisions of the Pasco Municipal Code. If the whereabouts of any
of such persons are unknown and cannot be ascertained by the Code
Enforcement Officer in the exercise of reasonable diligence, and the Code
Enforcement Officer makes and files with the City Clerk an affidavit to that
effect, then the serving of the complaint upon such persons may be made either
by personal service or by mailing a copy by certified mail, postage prepaid,
return receipt requested, to each such person at the address of the premises
involved in the proceedings, and mailing a copy of the complaint by first-class
mail to any address of each such person in the records of the County Assessor
or County Auditor of Franklin County. The complaint shall contain a notice that
a hearing will be held before the Code Enforcement Officer, at a place specified
in the complaint, not less than 10 days nor more than 30 days after the serving
of said complaint, and that all parties in interest have the right to file an answer
to the complaint, to appear in person, or otherwise, and to give testimony at the
time and place in the complaint. The rules of evidence prevailing in courts of
law or equity shall not be controlling in hearings before the Code Enforcement
Officer. A copy of the complaint shall be filed also with the Franklin County
Auditor, and the filing of the complaint or order shall have the same force and
effect as other lis pendens notices provided by law. The complaint shall be
substantially in the following form:
Page 92 of 185
Ordinance – WA ST Building Code Updates - 58
Personal service upon an owner or other party in interest under this chapter may
be made by delivering a copy of the complaint or order to that person or by
leaving the copy with a person of suitable age and discretion at the place of
residence of the owner or other party in interest. The Code Enforcement Officer
shall make and retain written proof of service of the complaint.
(2) Determination – Reference to Building Code. As provided in RCW 35.80.030,
the Code Enforcement Officer may determine that a structure or premises is
unsafe or unfit if he or she finds that one or more defects or conditions exist that
are described in PMC 16.70.030 (“unsafe or unfit”), according to minimum
standards that are prescribed by the currently adopted version of the building
code:
a) For determining the fitness or safety of a dwelling for human habitation, or
any building, structure, or premises for other use;
b) For the use and occupancy of dwellings throughout the City; or
c) For the use and occupancy of any building, structure, or premises used for
any other purpose.
Page 93 of 185
Ordinance – WA ST Building Code Updates - 59
(3) General Standards. In general, the determination of whether a structure or
premises should be repaired or demolished, shall be based on the following
standards:
a) The degree of structural deterioration of the structure or premises, or
b) The relationship that the estimated cost of repair bears to the value of the
structure as determined by a qualified real estate appraiser engaged by the
City for that purpose.
An undertaking entered into, at, or prior to the hearing, by a party in interest creates
a presumption that the structure or premises can be reasonably repaired. The failure
to accomplish such an undertaking is grounds for the Code Enforcement Officer to
order demolition.
(4) Specific Standards for Determining Safety or Fitness – Demolition or Other
Remedies.
a) In reaching a judgment that a structure or premises is unsafe or unfit for
human habitation, the Code Enforcement Officer shall consider:
(i) Dilapidation;
(ii) Disrepair;
(iii) Structural defects;
(iv) Defects increasing the hazards of fire, accidents, or other calamities,
such as parts standing or attached in such manner as to be likely to fall
and cause damage or injury;
(v) Inadequate ventilation;
(vi) Uncleanliness;
(vii) Inadequate light;
(viii) Inadequate sanitary facilities;
(ix) Inadequate drainage;
(x) Substandard conditions.
b) If these or other conditions are found to exist to an extent dangerous or
injurious to the health or safety of the structure’s occupants, or the
occupants of neighboring structures or of other residents of the City of
Pasco, and if (i) structural deterioration is of such degree that (A) vertical
members list, lean, or buckle to the extent that a plumb line passing through
the center of gravity falls outside the middle third of its base, or (B) 33
percent of the supporting members show damage or deterioration, or (ii) the
estimated cost of restoration exceeds 60 percent of the value of the structure,
or (iii) the structure has been damaged by fire or other calamity, the
estimated cost of restoration exceeds 30 percent of the value of the structure
and it has remained vacant for six months or more, the Code Enforcement
Officer shall order the structure or premises demolished and the land
suitably filled and cleared, or shall order the structure or premises
demolished and the land suitably filled and cleared, or shall order the
property immediately vacated and secured as completely as possible
pending demolition. “Value” as used in this subsection shall be determined
by reference to a current edition of “Building Valuation Data” published by
the International Code Council or, if not published, as determined by the
Code Enforcement Officer.
Page 94 of 185
Ordinance – WA ST Building Code Updates - 60
(5) Alternative Action. If by reason of any of the above conditions, a structure is
unfit, but no public necessity is found for its immediate demolition, the Code
Enforcement Officer may take other action, such as causing the property to be
cleaned, cleared, vacated, secured, or otherwise repaired, which will promote
the public health, safety, or general welfare.
(6) Findings and Order. If, after the required hearing, the Code Enforcement
Officer determines that the dwelling or other structure or premises is unsafe or
unfit for human habitation or that the structure or premises is unfit for other use,
he or she shall make written findings of fact in support of that determination,
and shall issue and cause to be served upon each owner and party in interest
thereof, as provided in Subsection (1) of this section, and shall post in a
conspicuous place on the property, an order which (a) requires the owner or
party in interest, within the time specified in the order, to repair, alter, or
improve such dwelling, structure, or premises to render it fit for human
habitation, or for other appropriate use, or to vacate and close the dwelling,
structure, or premises, if that course of action is deemed lawful and reasonable
on the basis of the standards set forth as required in subsections (3) and (4) of
this section; or (b) requires the owner or party in interest, within the time
specified in the order, to remove or demolish the dwelling, structure, or
premises, if that course of action is deemed lawful and reasonable on the basis
of those standards. An order may require the owner to take effective steps to
board up or otherwise bar access to the structure or premises, if deemed
necessary for public safety, pending further abatement action. The order may
be in substantially the same form which appears below and may include notice
of additional penalties or remedies available to the City under other provisions
of this code.
Page 95 of 185
Ordinance – WA ST Building Code Updates - 61
If no appeal is filed as provided in this chapter, a copy of the order shall be filed
with the Franklin County Auditor, and shall be a final order.
The Code Enforcement Officer shall make and retain a record of service,
substantially in the form prescribed in subsection (1) of this section, which such
modifications as may be appropriate.
(7) Abatement by City. If the owner, following exhaustion of his or her rights of
appeal, fails to comply with the final order to repair, alter, improve, vacate,
close, remove or demolish the dwelling, structure, or premises, or to take other
required action, the Code Enforcement Officer may direct or cause such
dwelling, structure, or premises to be repaired, altered, improved, vacated, and
closed, removed, or demolished, and to take such further steps as may be
reasonable and necessary to prevent access to the structure or premises, for
public health or safety reasons, pending abatement. The Code Enforcement
Officer, with the assistance of the City Attorney, may apply to the Superior
Page 96 of 185
Ordinance – WA ST Building Code Updates - 62
Court for any legal or equitable remedy to enforce his or her order. [Ord. 4305
§ 1, 2016; Code 1970 § 16.50.050.]
16.70.060 Abatement costs.
The cost of the abatement of such nuisance may be paid out of the treasury of the
City and charged to the owner of the property subject to abatement. Such cost shall
be levied as a special assessment against the real property subject to abatement and
the same shall be collected in the manner provided for collection of local
improvement assessments. The amount of the cost of such repairs, alterations, or
improvements; or vacating and closing; or removal or demolition by the Code
Enforcement Officer, shall be assessed against the real property upon which such
cost was incurred unless such amount has been paid previously, and such cost shall
be certified by the Director of Finance to the County Treasurer as an amount due
and owing to the City, pursuant to RCW 35.80.030, to be entered by the County
Treasurer as an assessment upon the tax rolls against the property for the current
year and to become a part of the general taxes for that year to be collected at the
same time and with interest at such rates and in such manner as is provided in RCW
84.56.020 as now or hereafter amended, for delinquent taxes, and when collected
to be deposited to the credit of the City’s general fund. If the dwelling or other
structure or premises is removed or demolished by the Code Enforcement Officer,
the officer shall, if possible, sell the materials of the dwelling, structure, or
premises, in the usual manner prescribed by City ordinance for selling surplus
property. If there is no other established procedure, the Code Enforcement Officer
shall sell the materials at public auction pursuant to notice published in the City’s
official newspaper at least 10 days prior to the auction. The proceeds of the sale
shall be credited against the cost of the removal or demolition, and if there is any
balance remaining, it shall be paid to the parties entitled thereto, as determined by
the Code Enforcement Officer, after deducting costs incident to the sale.
As provided in RCW 35.80.030, the assessment shall constitute a lien against the
property which shall be of equal rank with state, county, and municipal taxes.
Whenever a building or premises if found to be unsafe or unfit and the cost of
demolition or other abatement must be incurred by the City, there shall be charged
against the property the costs of all administrative proceedings before the Code
Enforcement Officer and the Code Enforcement Board including, but not limited
to, salaries, wages, benefits, material, equipment rental, and other expenses
incurred for inspecting, conducting hearings, or otherwise determining the status of
the property.
The Code Enforcement Officer or Code Enforcement Board may modify the time
or methods of payment of such expenses as the condition of the property and the
circumstances of the owner may warrant. In cases of extreme hardship, such
expenses may be waived pursuant to an appropriate written finding by the Code
Enforcement Board. [Ord. 4305 § 1, 2016; Code 1970 § 16.50.060.]
Page 97 of 185
Ordinance – WA ST Building Code Updates - 63
16.70.070 Right to appeal.
The owner or any party in interest, within 30 days from the date of service upon
him or her and the posting of an order issued by the Code Enforcement Officer
under the provisions of PMC 16.70.060, may appeal by filing a written notice of
appeal, together with the applicable fee, with the Code Enforcement Board or his
or her designee. The appeal need not be in a particular form, but must clearly state
that the person identified in the notice of appeal is the person to whom an order of
abatement was given, the date of the order and notice of the appeal, and the reason
or reasons why the person believes the notice to be in error. [Ord. 4305 § 1, 2016;
Code 1970 § 16.50.070.]
16.70.080 Appeals.
(1) The Code Enforcement Board shall have jurisdiction to hear appeals of orders
of abatement.
a) The Code Enforcement Board or his or her designee shall arrange a
reasonable time and place for hearing the appeal within not less than 10 nor
more than 20 days after the appeal has been filed, and notify the person who
is appealing (the “appellant”) regarding the designated time and place. The
hearing shall be scheduled so as to allow 10 or more days’ notice to the
appellant and all interested parties and to permit final decision by the Code
Enforcement Board within 60 days after the filing of the appeal. The filing
of the notice of appeal shall stay the order of the Code Enforcement Officer,
except insofar as temporary measures of an emergent nature are required,
such as securing the building to minimize any imminent danger to the public
health or safety.
b) The matter must be concluded by the Code Enforcement Board within 60
days after the date the appeal has been filed unless continued for a specified
time with the consent of the appellant as provided in this section.
c) The Code Enforcement Board shall conduct a full and fair review of the
record of the proceedings before the Code Enforcement Officer, and the
action taken. The hearing shall be on the record and not de novo. Normally
the Code Enforcement Board will not accept new evidence or evidence not
made available to the Code Enforcement Officer in the absence of good
cause. However, the Code Enforcement Board may allow presentation of
new evidence at its discretion and may continue the matter for that purpose
in the interest of conducting a full and fair hearing, if it will not cause the
hearing to extend beyond the required 60-day period. With the consent of
the appealing party, a continuance may extend the hearing for a specified
number of days beyond that period for further evidence or deliberation. If
the Code Enforcement Board fails to reach a decision within the required
time, or the time extended with the appellant’s consent, the Code
Page 98 of 185
Ordinance – WA ST Building Code Updates - 64
Enforcement Officer’s order and findings shall be deemed to be those of the
Code Enforcement Board, and shall be deemed final and subject to review
by the Superior Court.
d) The Code Enforcement Board may affirm, modify, reverse, or return with
directions the action or decision appealed in the event he or she finds an
error of law or the record is not supported by substantiated evidence.
e) At the conclusion of the hearing the Code Enforcement Board shall issue a
written decision describing the decision or action appealed, making written
findings of fact and stating the reasons for his or her decision, and making
an appropriate order or orders, notify the appellant in writing of his or her
action, and file the decision, findings, and orders with the Franklin County
Auditor. A transcript of the Code Enforcement Board’s decision, findings,
and orders shall be made available to the appellant, on demand.
f) The Code Enforcement Board may promulgate additional written rules of
procedure for the conduct of proceedings, to ensure a prompt and thorough
review of appeals.
g) The decision, findings, and orders of the Code Enforcement Board shall be
reported in the same manner and shall bear the same legal consequences as
if issued by the Code Enforcement Officer, and shall be subject to further
review only in the manner and to the extent provided in subsection (2) of
this section. If it is not timely and correctly appealed under subsection (2)
of this section, the Code Enforcement Board’s decision is final.
(2) Any person affected by an order issued by the Code Enforcement Board
pursuant to this section may, within 30 days after the posting and service of the
order, petition the Superior Court for an injunction or other appropriate order
restraining the Code Enforcement Officer from carrying out the provisions of
the order. As provided by RCW 35.80.030, in all such proceedings the court
may affirm, reverse, or modify the order and the trial shall be de novo.
(3) The order of the Code Enforcement Officer or the Code Enforcement Board
may prescribe times within which demolition or other abatement shall be
commenced or completed. If the action is not commenced or completed within
the prescribed time, or if no time is prescribed within the time limit for
appealing, the Code Enforcement Officer may commence the required
abatement action after having taken the legally required steps, if any, to gain
entry. If satisfactory progress has been made and sufficient evidence is
presented that the work will be completed within a reasonable time, the Code
Enforcement Officer or the Code Enforcement Board may extend the time for
completion of the work, subject to immediate summary revocation at any time
without further hearing if satisfactory progress is not being made.
(4) If the owner is unable to comply with the Code Enforcement Officer’s or the
Code Enforcement Board’s order within the time required, and the time for
appeals to the Code Enforcement Board or petition to the court has passed, the
owner may, for good and sufficient cause beyond his or her control, request an
extension of time in writing supported by affidavit. The Code Enforcement
Officer or Code Enforcement Board may grant a reasonable extension of time
Page 99 of 185
Ordinance – WA ST Building Code Updates - 65
after finding that the delay was beyond the control of the owner. There shall be
no appeal or petition from the denial of an extension of time.
a) Any work, including demolition, construction, repairs, or alterations
required under this chapter, shall be subject to permitting requirements
pursuant to the Pasco Municipal Code. [Ord. 4305 § 1, 2016; Code 1970
§ 16.50.080.]
16.70.090 Service completed.
Service of filing by mail of any complaint, notice, order, not ice of appeal, or other
paper under this chapter shall be deemed complete at the end of the third full day
following its deposit in the U.S. Mail, correctly addressed, with postage prepaid.
[Ord. 4305 § 1, 2016; Code 1970 § 16.50.090.]
16.70.100 Supplemental chapter.
Nothing in this chapter shall be construed to abrogate or impair the powers of the
courts or of any department of the City to enforce any provisions of its ordinances
or regulations or to prevent or punish violations of such ordinances or re gulations;
and the powers conferred by this chapter shall be in addition and supplemental to
the powers conferred by any other statute or ordinance. [Ord. 4305 § 1, 2016; Code
1970 § 16.50.100.]
16.70.110 Nuisances – Powers reserved.
Nothing in this chapter shall be construed to impair or limit in any way the City’s
power to define and declare nuisances and to cause their removal or abatement by
summary proceedings or otherwise. [Ord. 4305 § 1, 2016; Code 1970 § 16.50.110.]
16.70.120 Additional violations and penalties.
(1) It shall be unlawful and a violation of this chapter to knowingly:
a) Occupy or to allow to be occupied any building or premises ordered
vacated;
b) Fail to comply with any order issued pursuant to this chapter;
c) Obstruct, hinder, or provide false information to any officer or agent of the
City of Pasco or other authorized governmental unit or agency in
enforcement of this chapter.
A violation of this section is a misdemeanor and may be punished by a fine not
to exceed $1,000 and/or jail confinement of not more than 90 days. Each day of
violation shall constitute a separate offense. In the event of continuing violation
or failure to comply, the second and subsequent days shall constitute a gross
Page 100 of 185
Ordinance – WA ST Building Code Updates - 66
misdemeanor, punishable by a fine not to exceed $5,000 and/or imprisonment
for not more than 365 days or both such fine and imprisonment.
(2) As a separate and alternate monetary penalty to the criminal penalty above,
there is hereby imposed a civil penalty for failure to comply with an order of
abatement within the time specified on such order, including but not limited to
the following offenses:
a) To occupy or to allow to be occupied any building or premises ordered
vacated;
b) Failure to comply with any order issued pursuant to this chapter;
c) To obstruct, hinder, or provide false information to any officer or agent of
the City of Pasco or other authorized governmental unit or agency in
enforcement of this chapter.
Each day of violation shall constitute a separate offense. The daily maximum
penalty for failure to comply with an order of abatement on a first-time violation
shall not exceed $500.00, and shall not exceed a cumulative of $5,000 over the
course of 10 days. Monetary penalties for repeat violations may exceed these limits.
[Ord. 4305 § 1, 2016; Code 1970 § 16.50.120.]
16.70.130 Emergencies.
The provisions of this chapter shall not prevent the Code Enforcement Officer or
any other officer or agency of the City of Pasco from taking any other action,
summary or otherwise, necessary to eliminate or minimiz e an imminent danger to
the health or safety of any person or property. [Ord. 4305 § 1, 2016; Code 1970
§ 16.50.130.]
16.70.140 Discrimination prohibited.
All proceedings under this chapter shall be subject to the antidiscrimination
provisions of RCW 35.80.040. [Ord. 4305 § 1, 2016; Code 1970 § 16.50.140.]
16.70.150 Warrants for entry.
(1) Whenever it is necessary to enter upon private property or the public property
of another governmental agency to carry out the lawful directions of this
chapter, the City may apply to a court of competent jurisdiction for a warrant
authorizing the entry upon such property to carry out the same, if permission to
enter has been refused by the owner or person in possession, or if the owner
cannot be found or reasonably ascertained.
(2) The application for a warrant shall be supported by an affidavit or the testimony
of the officer intending to enter upon the property, stating his office, purpose,
and authority to so enter, the owner’s or person in possession’s refusal to permit
Page 101 of 185
Ordinance – WA ST Building Code Updates - 67
such entry or the owner’s unavailability, the work, action, or other activity to
be conducted upon the property, and by whom and the approximate time the
activity will be conducted.
(3) If the court finds just cause for the issuance of the warrant, it shall subscribe the
same with a return date of not more than 10 days following completion of the
action or activity to be conducted upon the property.
(4) Nothing in this section is intended to limit, restrict, or otherwise affect the right
of officers or agents of any governmental entity to enter upon private or public
property for any lawful purpose. [Ord. 4305 § 1, 2016; Code 1970 § 16.50.150.]
16.70.160 Adoption of RCW in its entirety.
The City of Pasco adopts the entirety of Chapter 35.80 RCW, including both
provisions listed above in this chapter and provisions listed in Chapter 35.80
RCW that are not included expressly in this chapter. [Ord. 4305 § 1, 2016; Code
1970 § 16.50.160.]
Section 3. This ordinance shall take full force and effect five (5) days after approval,
passage and publication as required by law.
PASSED by the City Council of the City of Pasco, Washington, this day of ,
.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Published: ____________________
Page 102 of 185
AGENDA REPORT
FOR: City Council January 13, 2021
TO: Dave Zabell, City Manager Remote Regular Meeting:
1/19/21
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolution - Interlocal Cooperation Agreement for Quad-City Water
Rights
I. REFERENCE(S):
Resolution
Interlocal Agreement (ILA) & Exhibit
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. ______, authorizing the City
Manager AgreemeCooperative Interlocal the and sign to execute nt for
administration and funding of Quad City Water Right Mitigation Model &
Operating Procedure.
III. FISCAL IMPACT:
Utility Fund (Water) - Proportionate share of approximately $48,000 split
among the participating agencies.
IV. HISTORY AND FACTS BRIEF:
On September 15, 2003, the Cities of Richland, Kennewick, Pasco, and West
Richland were granted Washington State S urface Water Right Permit S4-
30976 (hereinafter “Permit” or “Quad-City Water Right”). The Permit requires
the Parties, on an annual basis, to complete the following:
• Tabulate and report overall water supply usage, Quad -City Water Right
utilization.
• Comply with mitigation provisions associated with consumptive use as
outlined Plan in the Regional Water Forecast and Conservation
(RWFCP).
Page 103 of 185
• Efficiently and effectively collect and annualize water supply usage data.
• Annually document that the available mitigation volume is equal to or
greater than the required mitigation volume for Columbia River flows.
The four Cities previously agreed to fund a Quad-City Water Right Mitigation
Model and Operating Procedures. The model and operating procedures have
been in use since the Quad-City Water Right was granted.
V. DISCUSSION:
The most recent Interlocal Agreement for this work expired in 2020. T he ILA
needs to be renewed to continue joint preparation of this required reporting for
the next six year period. While the cost of the work is within staff's authority,
however approval of an ILA requires action of the respective legislative bodies.
Staff in Richland, Kennewick, Pasco and West Richland collaborated to select
an engineering consultant (RH2) and negotiated a scope of work and budget
for this work.
The proposed agreement is for the calendar years 2021 through 2026.
This item was discussed at the January 11, 2020 Council Workshop meeting.
Staff recommends approval of the proposed ILA.
Page 104 of 185
Resolution –ILA Quad-City Water Right Mitigation - 1
RESOLUTION NO. _________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE THE
INTERLOCAL COOPERATION AGREEMENT FOR ADMINISTRATION
AND FUNDING OF QUAD-CITY WATER RIGHT MITIGATION MODEL
AND OPERATING PROCEDURES.
WHEREAS, Richland, Kennewick, Pasco, and West Richland were granted Washington
State Surface Water Right Permit S4-30976 on September 15, 2003 (hereinafter “Permit”); and
WHEREAS, the Permit requires the Parties, on an annual basis, to tabulate and report
overall water supply usage, Quad-City Water Right utilization, and comply with mitigation
provisions associated with consumptive use as outlined in the Regional Water Forecast and
Conservation Plan (RWFCP); and
WHEREAS, to efficiently and effectively collect and annualize water supply usage data,
and to annually document that the available mitigation volume is equal to or greater than the
required mitigation volume for Columbia River flows, the four cities, Richland, Kennewick, Pasco
and West Richland, have agreed to fund a Quad-City Water Right Mitigation Model and Operating
Procedures; and
WHEREAS, staff in Richland, Kennewick, Pasco and West Richland have collaborated
to select an engineering consultant and to negotiate a scope of work and budget for the study; and
WHEREAS, the Interlocal Cooperation Act contained in RCW 39.34 authorizes local
governments such as the Parties to this Interlocal to contract for the joint conduct of activities,
which each of the Parties is individually authorized to perform.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PASCO, WASHINGTON:
That the City Manager for the City of Pasco is authorized to execute the Interlocal
Cooperation Agreement between Cities of Kennewick, Richland, Pasco, and West Richland, a
copy of which is attached hereto as EXHIBIT A; and to make minor substantive adjustments and
to take all necessary steps required to complete this attachment; and
Be It Further Resolved that this Resolution shall be in full force and effect upon adoption.
Page 105 of 185
Resolution –ILA Quad-City Water Right Mitigation - 2
PASSED by the City Council of the City of Pasco, Washington this day of , 2021.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 106 of 185
2021 Interlocal Cooperation Agreement – Quad-City Water Right Mitigation Model Page 1
INTERLOCAL COOPERATION AGREEMENT
Between
Cities of Kennewick, Richland, Pasco and West Richland
For
Administration and Funding of Quad-City Water Right Mitigation Model and
Operating Procedures
THIS INTERLOCAL AGREEMENT (“Agreement”) is entered into on this _______ day of
_____________, 2021 by and between the City of Kennewick (hereinafter “Kennewick”), the City
of Richland (hereinafter “Richland”), the City of Pasco (hereinafter “Pasco”), and the City of West
Richland (hereinafter “West Richland”), all municipal corporations of the State of Washington
(referred to collectively as the “Parties”). This Agreement is made in conformance with and under
the authority granted by RCW 39.34, the Interlocal Cooperation Act.
I. Recitals
WHEREAS, Richland, Kennewick, Pasco, and West Richland were granted Washington
State Surface Water Right Permit S4-30976 on September 15, 2003 (hereinafter “Permit”); and
WHEREAS, the Permit requires the Parties, on an annual basis, to tabulate and report
overall water supply usage, Quad-City Water Right utilization, and comply with mitigation
provisions associated with consumptive use as outlined in the Regional Water Forecast and
Conservation Plan (RWFCP); and
WHEREAS, to efficiently and effectively collect and annualize water supply usage data,
and to annually document that the available mitigation volume is equal to or greater than the
required mitigation volume for Columbia River flows, the four cities, Richland, Kennewick, Pasco
and West Richland, have agreed to fund a Quad-City Water Right Mitigation Model and Operating
Procedures; and
WHEREAS, staff in Richland, Kennewick, Pasco and West Richland have collaborated to
select an engineering consultant and to negotiate a scope of work and budget for the study; and
WHEREAS, the Interlocal Cooperation Act contained in RCW 39.34 authorizes local
governments such as the Parties to this Interlocal to contract for the joint conduct of activities
which each of the Parties is individually authorized to perform.
NOW, THEREFORE, the Parties hereby agree as follows:
II. Agreement
Section 1. Purpose
The purpose of this Interlocal Cooperation Agreement is to authorize a collaborative effort between
the Parties to comply with mitigation provisions associated with the Quad-City Water Right and to
determine the parameters for the contracting and funding of said model and operating procedures.
Page 107 of 185
2021 Interlocal Cooperation Agreement – Quad-City Water Right Mitigation Model Page 2
Section 2. Legal Entity
No separate legal or administrative entity is created upon execution of this Interlocal Cooperation
Agreement.
Section 3. Administration
West Richland shall award and administer the consultant agreement contemplated under this
Interlocal Cooperation Agreement. The proposed consultant agreement is attached as Exhibit A.
Section 4. Funding and Contributions
Consultant expenses shall be shared in four (4) equal amounts between Richland, West Richland,
Pasco and Kennewick. West Richland shall issue invoices to Richland, Pasco, and Kennewick for
their respective share of the plan update expenses. Invoices shall issue no more frequently than
monthly. Scope and budget changes that increase the project budget may only be executed after
written authorization from all four Parties.
Section 5. Property
No real or personal property shall be acquired as a consequence of the execution of this Interlocal
Cooperation Agreement. The Parties shall own and receive at least one copy of the Quad-City Water
Right Mitigation Model and Operating Procedures produced as a result of this Agreement.
Section 6. Additional Resources
Richland, Kennewick, Pasco, and West Richland will provide staff support to complete data requests,
meeting and training attendance, and analysis reviews as needed to efficiently administer the model.
Section 7. Duration
This Agreement shall expire twelve months after the close-out of the consultant agreement. All
obligations to pay the respective one-fourth share to fund the plan update shall survive termination
of this Agreement.
Section 8. Notices
Written notice shall be directed to the parties as follows:
City of Richland
625 Swift Boulevard, MS-26
Richland, WA 99352
Attn: Public Works Director
City of West Richland
3100 Belmont Blvd., Suite 102
West Richland, WA 99353
Attn: Public Works Director
City of Kennewick
210 W. 6th Avenue
Kennewick, WA 99336
Attn: Public Works Director
City of Pasco
525 N. 3rd Avenue
Pasco, WA 99301
Attn: Public Works Director
Section 9. Filing
Pursuant to RCW 39.34.040, this Agreement shall become effective upon filing with the Benton
County Auditor or posting on each agency’s website after it is fully executed by all Parties.
Section 10. Modification
This Agreement may be amended or modified only in writing, and only with the written consent of
each undersigned party.
Page 108 of 185
2021 Interlocal Cooperation Agreement – Quad-City Water Right Mitigation Model Page 3
Section 11. Severability
If any provision of this Agreement is found by a court of competent jurisdiction to be invalid or
unenforceable as written, the remainder of the Agreement or the applications of the remainder of
the Agreement shall not be affected. To this end, the terms and conditions of this Agreement are
declared severable.
Section 12. Jurisdiction & Venue
Jurisdiction and venue for any action relating to the interpretation, enforcement, or any dispute
arising from this Agreement shall be in Benton County Superior Court. This Agreement shall be
construed, and the legal relations between the parties hereto shall be determined in accordance
with the laws of the State of Washington.
Section 13. Waiver
No waiver by either party hereto of any terms or conditions of this Agreement shall be deemed or
construed to be a waiver of any other term or condition, nor shall the waiver of any breach be
deemed or construed to constitute a waiver of any subsequent breach, whether of the same or
any other term or condition of this Agreement.
[Signature Page to Follow]
Page 109 of 185
2021 Interlocal Cooperation Agreement – Quad-City Water Right Mitigation Model Page 4
IN WITNESS WHEREOF, the Parties have signed this Agreement as of the day and year
written above.
CITY OF RICHLAND CITY OF KENNEWICK
__________________________________ _______________________________
Cynthia D. Reents, City Manager Don Britain, Mayor
Attest : Attest:
_________________________________ ________________________________
Jennifer Rogers, City Clerk Terri L. Wright, City Clerk
Approved as to form: Approved as to form:
_______________________________ ________________________________
Heather Kintzley, City Attorney Lisa Beaton, City Attorney
CITY OF WEST RICHLAND CITY OF PASCO
________________________________ _______________________________
Brent Gerry, Mayor Dave Zabell, City Manager
Attest: Attest:
________________________________ _______________________________
Stephanie Haug, City Clerk Debby Barham, City Clerk
Approved as to Form: Approved as to Form:
_________________________________ _______________________________
Bronson Brown, City Attorney Eric Ferguson, City Attorney
Page 110 of 185
Page 111 of 185
Page 112 of 185
‘\
PA-ll-3
‘-I
I
H
..
,.‘.
n
.‘.
Page 113 of 185
“'5!-.'
Page 114 of 185
_?h 03'
‘‘V I 4
I.
.,..
‘4‘|-.\'I'I ..‘<
‘H-"I ‘f ‘v 1-Ml-lh r .v ‘.,.;H
‘w ‘I V‘:I ‘I '‘I "
‘..-..u .‘“A .1 y .
Y!‘I ..n 4 -|
‘
‘.In’111
>1 ‘1
'v ‘
.~,...
A 5.'3
r ‘I n v I .;V21
1 I ‘--1 uv x ‘-I -I 1
.--I-I‘
‘
.\1 »I ,-1}‘
‘I5 .'
-"I
Page 115 of 185
‘o_,
Page 116 of 185
Page 117 of 185
_/?n I‘:
Page 118 of 185
Page 119 of 185
Page 120 of 185
Page 121 of 185
AGENDA REPORT
FOR: City Council January 13, 2021
TO: Dave Zabell, City Manager Remote Regular Meeting:
1/19/21
FROM: Steve Worley, Director
Public Works
SUBJECT: Resolution - Interlocal Agreement with Franklin Conservation District for
Municipal Water Rights
I. REFERENCE(S):
Resolution
Interlocal Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No._______, authorizing the City
Manager to sign and execute the Interlocal Cooperative Agreement, pursuant
to the Interlocal Cooperation Agreement Act, RCW 39.34, for Municipal Water
Rights with the Franklin Conservation District.
III. FISCAL IMPACT:
Utility Fund/Water: $36,000
IV. HISTORY AND FACTS BRIEF:
The City possesses certain specialized water rights that it desires to have
reclassified by Ecology for municipal purposes. To accomplish this, the City of
Pasco desires to contract with the Franklin Conservation District, who has
expertise in this area, to collect and assemble necessary information and to
prepare reports necessary for the applications for the change/transfer of such
water rights.
While the cost of the effort is within staff's administrative authority, the Franklin
Conservation District is a governmental entity; therefore, an interlocal
agreement (ILA) is required, which by statue requires approval by the
legislative bodies of both the City and District.
Page 122 of 185
V. DISCUSSION:
This item was discussed at the January 11, 2020, Council Works hop meeting.
Staff recommends approval of the proposed ILA.
Page 123 of 185
Resolution – Franklin Conservation District ILA - 1
RESOLUTION NO. ______
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE CITY MANAGER TO SIGN AND EXECUTE THE
INTERLOCAL COOPERATIVE AGREEMENT, PURSUANT TO THE
INTERLOCAL COOPERATION ACT, RCW 39.34, FOR MUNICIPAL WATER
RIGHTS WITH THE FRANKLIN CONSERVATION DISTRICT.
WHEREAS, the City of Pasco possesses certain specialized water rights that it desires to
have changed into water rights that it may use for municipal purposes as outlined in RCW
90.03.015; and
WHEREAS, the City of Pasco desires to contract with the Franklin Conservation District
to collect and assemble necessary information and to prepare reports necessary for the applications
for the change/transfer of such water rights.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF PASCO, WASHINGTON:
That the City Manager for the City of Pasco is authorized to execute the Interlocal
Cooperative Agreement between the City of Pasco and Franklin Conservation District, a copy of
which is attached hereto as EXHIBIT A; and to make minor substantive adjustments and to take
all necessary steps required to complete this attachment; and
Be It Further Resolved that this Resolution shall be in full force and effect upon adoption.
PASSED by the City Council of the City of Pasco, Washington this day of ,
.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 124 of 185
Interlocal Agreement – City of Pasco
and Franklin Conservation District - 1
FILED FOR RECORD AT REQUEST OF:
City of Pasco, Washington
WHEN RECORDED RETURN TO:
City of Pasco
525 North 3rd
Pasco WA 99301
______________________________________________________________________
INTERLOCAL COOPERATIVE AGREEMENT
BETWEEN THE CITY OF PASCO AND
THE FRANKLIN CONSERVATION DISTRICT
THIS INTERLOCAL COOPERATIVE AGREEMENT, is made and entered
into this day of _________________ 2021, pursuant to the Interlocal
Cooperation Act, RCW 39.34, by and between the City of Pasco, a municipal
corporation of the State of Washington, hereinafter referred to as the “City” and
Franklin Conservation District, a governmental subdivision of this State, and a public
body corporate and politic, hereinafter called the “District”.
WHEREAS, the City of Pasco possesses certain specialized water rights that it
desires to have changed into water rights that it may use for municipal purposes; and
WHEREAS, the City of Pasco desires to contract with the Franklin
Conservation District to collect and assemble necessary information and to prepare
reports necessary for the applications for the change/transfer of such water rights.
NOW, THEREFORE, in consideration of mutual covenant contained herein, it
is agreed by and between the Parties hereto as follows:
1. Scope of Work.
A) The District’s obligations shall be:
1) Collect and assemble the technical information necessary and
prepare the Report of Examination (ROE) and Record of Decision (ROD)
required for the change/transfer application numbers in the table below.
Page 125 of 185
Interlocal Agreement – City of Pasco
and Franklin Conservation District - 2
Water Right No. FCWCB App. No.
G3-20242P(A) FRAN-20-05
G3-20242C(B) FRAN-20-06
G3-20242P(C) FRAN-20-07
G3-20243P(A) FRAN-20-08
G3-20243P(B) FRAN-20-09
G3-20243P(C) FRAN-20-10
G3-05073 FRAN-20-11
G3-28306 FRAN-20-13
G3-27413P(B) FRAN-20-19
G3-27413P(C) FRAN-20-20
G3-27413P(D) FRAN-20-21
G3-27413P(F) FRAN-20-22
G3-22447 FRAN-20-26
G3-22727 FRAN-20-27
G3-27864 FRAN-20-31
G3-27943 FRAN-20-32
G3-28415 FRAN-20-33
G3-28416 FRAN-20-34
These water rights have been submitted to the Franklin County Water Conservancy
Board (Board) and are pending action by the Board contingent upon receiving technical
information from the CITY. Preparation of the above reports does not guarantee
approval of the change/transfer applications by the Board or the Department of Ecology
but the technical information assembled and prepared by the DISTRICT shall be of
sufficient content that the Board and Ecology may make an informed and fact based
decision.
2) Provide to the City, when completed, electronic and hard copies
of technical reports necessary to prepare the ROE and ROD.
3) Invoice the City for time, travel, and material associated with
assembling and preparation of the above reports not to exceed $2,000 per water
right change/transfer application or not to exceed a total of $36,000 for all the
water right change/applications identified above unless written authorization is
received from the City.
B) The City’s obligations shall be:
Page 126 of 185
Interlocal Agreement – City of Pasco
and Franklin Conservation District - 3
1) Provide data, reports, or other technical information in its
possession to the District to aid in the efficient and timely preparation of the
technical evaluation and reports necessary.
2) Provide payment to the District within thirty (30) days upon
receipt of a properly executed invoice to the City and upon receipt of the Report
of Examination and Record of Decision for each water right change/transfer
application.
2. Term.
A) The term of this Agreement shall be for a period of two years
commencing on October 1, 2020 and ending on September 30, 2022; unless
otherwise extended in writing signed by both parties, or terminated in writing
signed by either party.
B) This agreement may be modified or extended, in writing, at any
time by the mutual consent and of the parties hereto.
C) Either party may cancel this agreement on thirty (30) days written
notice with or without cause. Any payment due either party up to the effective
date of cancellation shall be due and payable to the appropriate party.
3. Liability/Hold Harmless.
A) The City shall indemnify, defend, and hold harmless the District,
its officers, agents and employees, from and against any and all claims, losses or
liability, including attorney’s fees, arising from injury or death to persons or
damage to property occasioned by an act, omission or failure of the City, its
officers, agents and employees, in the performance of the Agreement.
B) The District shall indemnify, defend, and hold harmless the City,
its officers, agents and employees, from and against any and all claims, losses or
liability, including attorney’s fees, arising from injury or death to persons or
damage to property occasioned by an act, omission or failure of the District, its
officers, agents and employees, in the performance of the Agreement.
4. Non-Discrimination. The District and City agrees not to discriminate
against any client, employee or applicant for employment or for services because of
race, creed, color, national origin, sex or age with regard to but not limited to the
following: employment upgrading; demotion or transfer; recruitment or any recruitment
advertising; layoff or termination; rate of pay or other forms of compensation; selection
for training or rendition of services. If the District or City violates this non-
Page 127 of 185
Interlocal Agreement – City of Pasco
and Franklin Conservation District - 4
discrimination provision, the District or City may terminate this agreement, in whole or
in part, without incurring liability for such termination.
5. Jurisdiction. The agreement shall be construed and interpreted in
accordance with the laws of the State of Washington and the venue of any action
brought hereunder shall be in the Superior Court for Franklin County.
6. Waiver. Any waiver by any party hereto with regard to any of its rights
hereunder shall be in writing and shall not constitute or act as a waiver to any future
rights which such party might have hereunder.
7. Entire Agreement. This agreement sets forth in full the entire
agreement of the parties in relation to the subject matter hereof, and any other
agreement, representation, or understanding, verbal or otherwise, relating to the
professional services of the District or otherwise dealing in any manner with the subject
matter of this agreement is hereby deemed to be null and void and of no force and effect
whatsoever. This agreement may be waived, changed, modified, or amended only by
written agreement executed by both of the parties hereto. If any provisions of this
agreement shall be deemed in conflict with any statute or rule of law, such provision
shall be deemed modified to be in conformance with said statute or rule of law.
8. Interlocal Cooperation Act Provisions. All vehicles, equipment,
inventory and any improvement thereon or fixtures purchased by the City, shall remain
the sole property of the City. All vehicles, equipment, inventory and any improvements
thereto and non-fixture improvements to the premises purchased by the District, shall
remain the sole property of the District. All personnel utilized by the City in the
fulfillment of this Agreement shall be solely within the supervision, direction and
control of the City and shall not be construed as "loan servants" or employees of the
District. The City Manager of the City of Pasco, Washington, shall be designated as the
Administrator of this Interlocal Agreement.
No independent special budget or funds are anticipated, nor shall be created
without the prior written agreement of the parties. It is not intended that a separate legal
entity be established to conduct this cooperative undertaking, nor is the acquiring,
holding, or disposing of real or personal property other than as specifically provided
within the terms of this Agreement.
A copy of this Agreement shall be filed with the Franklin County Auditor's
office or posted on the City or Port's website as required by RCW 39.34.040.
9. General Provisions. For the purpose of this Agreement, time is of the
essence.
Page 128 of 185
Interlocal Agreement – City of Pasco
and Franklin Conservation District - 5
This Agreement is governed, construed and enforced in accordance with the
substantive laws of the State of Washington. Should any dispute arise concerning the
enforcement, breach or interpretation of this Agreement, venue shall be placed in
Franklin County, Washington, and the prevailing party shall be entitled to its reasonable
attorney fees and costs as additional judgment.
In the event of a dispute regarding the enforcement, breach, default, or
interpretation of this Agreement, the City Manager and District Manager, or their
designees, shall first meet in a good faith effort to resolve such dispute. In the event the
dispute cannot be resolved by agreement of the parties, said dispute shall be resolved by
arbitration pursuant to RCW 7.04A, as amended, with both parties waiving the right of
a jury trial upon trial de novo, with venue placed in Pasco, Franklin County,
Washington. The substantially prevailing party shall be entitled to its reasonable
attorney fees and costs as additional award and judgment against the other.
10. Notices. Written notice shall be directed to the parties as follows:
Franklin Conservation District
Attn: Mark Nielson, District Manager
1724 E. Superior St.
Pasco, WA 99301
City of Pasco
Attn: Steve M. Worley, P.E.
PO Box 293
Pasco, WA 99301
Page 129 of 185
Interlocal Agreement – City of Pasco
and Franklin Conservation District - 6
IN WITNESS WHEREOF, the undersigned having full authorization on behalf
of the parties, have executed this Agreement on the year and date set forth above.
CITY OF PASCO, WASHINGTON
__________________________________
Dave Zabell, City Manager
Attest:
____________________________
Debra Barham, City Clerk
Approved as to form:
____________________________
Kerr Ferguson Law, City Attorney
FRANKLIN CONSERVATION DISTRICT
_____________________________________
Mark Nielson, District Manager
STATE OF WASHINGTON )
: ss.
County of Franklin )
On this day personally appeared before me Dave Zabell, City Manager of the
City of Pasco, to be 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 act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this _____ day of _____________,
2021.
____________________________________________
NOTARY PUBLIC in and for the State of Washington
Residing at: __________________________________
My Commission Expires: _______________________
Page 130 of 185
Interlocal Agreement – City of Pasco
and Franklin Conservation District - 7
STATE OF WASHINGTON )
: ss.
County of Franklin )
On this day personally appeared before me Mark Nielson, District Manager of
the Franklin Conservation District, to be 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 act and deed for the uses and purposes therein
mentioned.
GIVEN under my hand and official seal this _____ day of _____________,
2021.
____________________________________________
NOTARY PUBLIC in and for the State of Washington
Residing at: __________________________________
My Commission Expires: _______________________
Page 131 of 185
AGENDA REPORT
FOR: City Council January 12, 2021
TO: Dave Zabell, City Manager Remote Regular Meeting:
1/19/21
FROM: Richa Sigdel, Director
Finance
SUBJECT: Resolution - Approving New Master Services Agreement with
Paymentus Corporation
I. REFERENCE(S):
Resolution
Sole Source Worksheet
City Manager Memorandum
Master Services Agreement
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: Source Sole the approving To No. Resolution adopt ____,
ServiceWorksheet new a and Master Agreement Paymentus with s
Corporation for billing services and, further, authorize the City Manager to
execute the agreement.
III. FISCAL IMPACT:
No additional impact as this is an ongoing service, funding is included in the
City's 2021-2022 Biennial Budget for $260,000/yr. This proposal will provide
some savings.
IV. HISTORY AND FACTS BRIEF:
Through a Master Services Agreement (MSA), Paymentus C orporation has
been providing electronic bill payment services to the City of Pasco for
approximately four years. Currently, Paymentus completes over 15,500
transactions a month for the City, which includes 6,982 automatic payment
accounts. Due to the COVID-19 pandemic, utilization of their online services
has increased significantly and it is expected this will continue subsequent to
the reopening of City Hall.
The Utility Billing systems, documentation and website are well established and
Page 132 of 185
the City's customers have become quite accustomed to the convenience of
using Paymentus services. The current MSA, implemented in March of 2016,
provided for an initial term of five (5) years with an automatic renewal subject to
mutual agreement for successive three-year period(s).
Through the MSA the City receives competitive rates and good service from
the contractor. Paymentus has stayed current with the technical needs of the
City and utility customers and has recently added additional options for the
City's customers to pay their bills through Amazon, PayPal, PayPal Credit,
Venmo and Walmart. While and added customer convenience, these payment
methods are considered “non-consumer card” payments that are charged at a
higher fee of 2.75% than standard credit card payments.
With the initial term of the current MSA set to expire in 2021 and the
aforementioned new payment options implemented, staff and the contractor
initiated discussions on adjusting the "non-consumer-card" fee to a more
reasonable flat rate. Paymentus has agreed to negotiate this fee down to the
standard utility rate of $2.00 per transaction (for utilities only) as part of a new
MSA with an initial term of November 23, 2025, and automatic renewal subject
to the same terms as the current MSA.
V. DISCUSSION:
The Purchasing Policy and Procedures plan previously adopted by resolution
of the City Council and Administrative Order No. 470 requires that service
contracts over $300,000 undergo a competitive process; except, that the
competitive process may be waived through a Certification of Need as provided
for in the attached Sole Source Worksheet. To pursue competitive bids (rather
than exercise a sole source option) is a lengthy and costly undertaking that
would have a significant impacts/costs to City customers and costs to the City.
The rationale for such a determination is as follows:
1. Issues related to bank bill pay, autopay, and information not reaching
customers regarding the change would be extensive.
2. Customers on autopay would have to re-establish this service with a
new vendor and yet again give their private financial information to the
City and new payment vendor, as financial information does not carry
over from one vendor to another.
3. A change of this kind would take extensive staff overtime and would not
be a good use of funds or staff resources, particularly during the COVID-
19 pandemic.
4. Currently, there is a need for consistency for customers.
5. Undertaking another possible change in how customers process
payments, at this time, would add confusion and chaos during an
already stressful time.
6. As more of the City's customers choose to utilize alternate payment
Page 133 of 185
methods, such as Paypal, Venmo, or Amazon, the offered fee reduction
from 2.75% to $2.00 per transaction on utilities could add up to a
notable savings.
While there is the option of exercising the three -year extension provided in the
current MSA, the three years would pass quickly and does not allow for an
adjustment to the transaction fee rate resulting in much higher transaction fees
for the duration of the contract.
Council and staff discussed this item at the January 11, 2021 Workshop.
Based on the factors enumerated above staff recommends the adoption of the
Resolution approving the Sole Source certification and a new Master Service
Agreement with Paymentus Corporation.
Page 134 of 185
Resolution – Paymentus Agr. - 1
RESOLUTION NO. _____
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON
APPROVING THE PROFESSIONAL SERVICES AGREEMENT WITH
PAYMENTUS CORPORATION, AND WAIVING THE COMPETITIVE
BIDDING REQUIREMENT DUE TO A SOLE SOURCE ACQUISITION.
WHEREAS, Washington State law provides an exemption from purchases that are clearly
and legitimately limited to a single source of supply (“sole source”) for bidding requirements
required of municipal corporations for awarding contracts for public works per RCW 39.04.280;
and
WHEREAS, the City has effectively utilized Paymentus Corporation services for over
four (4) years; and
WHEREAS, the City now must establish a new service agreement for electronic bill
payment services in order to provide additional options for its utilities customers; and
WHEREAS, it is functionally necessary to continue services with Paymentus Corporation
because they are the sole provider of the services that will meet the needs of the City with no
impact on current City customer’s auto pay, bank bill pay and stored financial data; and their well-
established systems with the City utility and financial systems; and
WHEREAS, the use of Paymentus equipment and services is clearly and legitimately
limited to a single source of supply, as detailed in the Sole Source Worksheet (EXHIBIT A); and
WHEREAS, RCW 39.04.280(2)(a) requires that prior to utilizing the sole source
exemption the City Council must first adopt a resolution reciting the factual basis supporting the
exemption; and
WHEREAS, the City Council pursuant to 39.04.280(2)(a) finds that such factual basis as
described herein and detailed in the Sole Source Worksheet does support application of the sole
source exemption as pertaining to the purchase of Paymentus services and equipment; and
WHEREAS, if the City were to go out for a competitive bid and a change in payment
services was required, it would be a lengthy and costly undertaking that would have a significant
impact on its customers including but not limited to issues related to:
1. Bank bill pay, auto pay, and information not reaching customers regarding the
service provider change;
2. Customers on auto pay would have to re-establish this service with a new
vendor and yet again give their private financial information to the City staff or
the new payment vendor as it does not carry over from one vendor to another;
and
Page 135 of 185
Resolution – Paymentus Agr. - 2
3. Changing vendors, of this kind, would take extensive staff overtime to deal with
new vendor software, which would not be a good use of time or funds during
the COVID-19 pandemic.
WHEREAS, the City Manager recommends that the City of Pasco establish a new service
agreement with Paymentus Corporation, as presented in EXHIBIT B, attached hereto.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City of Pasco retain electronic bill payment services from Paymentus Corporation
as presented in EXHIBIT C, attached hereto.
PASSED by the City Council of the City of Pasco, Washington this day of ,
2021.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorney
Page 136 of 185
Page 62
SOLE SOURCE WORKSHEET
Requisition Item: _______________________________________ Requisition No. ____________
Prior Purchase Order Number (if item had been approved previously): ___________________________
1.Please describe the items and its function: ___________________________________________
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
2.This is a sole source because:
□Sole provider of a licensed or patented good or service
□Sole provider of items that are compatible with existing equipment, inventory, systems,
programs or services
□Sole provider of goods and services for which the City has established a standard
□Sole provider of goods or services that will meet the specialized needs of the City or
perform the intended function (please detail below or in an attachment)
□The vendor/distributor is a holder of a used item that would represent good value and is
advantageous to the City (please attach information on market price survey, availability,
etc.)
3.What necessary features does this vendor provide which are not available from other vendors?
Please be specific.
______________________________________________________________________________
______________________________________________________________________________
______________________________________________________________________________
4.What steps were taken to verify that these features are not available elsewhere?
□ Other brands/manufacturers were examined (please list phone numbers and names, and
explain why these were not suitable).
□ Other vendors were contacted (please list phone numbers and names, and explain why
these were not suitable).
5.Sole source vendor certifies that the City is getting the lowest price offered for the item.
Certification of Need
This recommendation for sole source is based upon on objective review of the product/service required and
appears to be in the best interest of the City. I know of no conflict of interest on my part of personal
involvement in any way with this request. No gratuities, favors or comprising actions have been taken.
Neither has my personal familiarity with particular brands, types or equipment, materials or firm been a
deciding influence on my request to sole source this purchase.
By: _________________________________________________ Date: __________________
Sole source purchases are defined as clearly and legitimately limited to a single supplier. Sole source
purchases are normally not allowed except when based upon strong technological grounds such as
operational compatibility with existing equipment and related parts or upon a clearly unique and cost
effective feature requirement.
Page 137 of 185
3)‘‘II’égco
Q“‘”«$n/.9
Page 138 of 185
MASTER SERVICES AGREEMENT
Client: City of Pasco (WA)
Client Address: 525 N. Third Avenue
Pasco, WA 99301
Contact for Notices to Client:
Estimated Yearly Bills /
Invoices:
Stephanie Brock
250,000
This Master Services Agreement (“Agreement”) is entered into as of the date of the last of the signatures set forth below
(“Effective Date”), by and between the Client identified above and Paymentus Corporation, a Delaware Corporation with
a principal place of business at 13024 Ballantyne Corporate Parkway, Suite 400, Charlotte, North Carolina 28277.
STATEMENT OF PURPOSE
Paymentus desires to provide and Client desires to receive electronic bill payment services as more particularly described
in this Agreement under the terms and conditions set forth herein.
AGREEMENT
In consideration of the mutual covenants hereinafter set forth, the receipt and sufficiency of which are hereby
acknowledged, the parties, intending to be legally bound, hereby covenant and agree as follows. This Agreement consists
of the following documents:
(i) this signature page
(ii) the General Terms and Conditions; and
(iii) the following Schedules:
Schedule A: Paymentus Service Fee Schedule.
This Agreement represents the entire agreement between the parties with respect to its subject matter, supersedes all
prior written or oral agreements or understandings related to the subject matter hereof, and may be changed only by
agreements in writing signed by the authorized representatives of each of the parties.
IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed by their duly authorized
representatives.
CLIENT: CITY OF PASCO, WA
By:
PAYMENTUS CORPORATION
By:
NAME: NAME:
TITLE: TITLE:
DATE: DATE:
CONFIDENTIAL AND PROPRIETARY
Paymentus Legal | REVISION OF 4.22.20 Page 139 of 185
2
GENERAL TERMS AND CONDITIONS
1 Definitions:
For the purposes of the Agreement, the following terms
and words have the meaning ascribed to them, unless the
context clearly indicates otherwise.
1.1 “Agreement “or “Master Agreement” means the
Master Services Agreement between the parties, as
amended from time to time.
1.2 “Average Bill Amount” means the total amount of
Payments processed through Paymentus in a given
month divided by the number of the Payments for the
same month.
1.3 “Effective Date” means the date the last party to
execute the Agreement does so, or if the Agreement is
submitted to Client for acceptance in a manner that does
not call for Paymentus to execute it, the date Client
agrees to the Agreement.
1.4 “Excess Payment Amount” means the amount by
which the total of all Payment Amounts from Non-
Qualified Transactions processed in a calendar month
exceeds 5% of the total of the Payment Amounts of all
card Payments processed that month.
1.5 “Fee Assumptions” means information used to
calculate the Paymentus Fee (as defined in Section 3.2),
including (i) the projected Average Bill Amount, (ii) the
projected payment method mix (credit vs debit vs e-
check) and (iii) an assumption by Paymentus that the total
Payment Amount processed each month resulting from
Non-Qualified Transactions shall not exceed five percent
(5%) of the total Payment Amount of all card Payments
processed that month.
1.6 “Initial Setup” means the first personalization and
activation of the standard service with respect to each
channel described on Schedule A as specified during the
implementation process.
1.7 “IPN” or “Instant Payment Network™” means the
network developed by Paymentus to enable customer
engagement, bill presentment and receipt of payments by
businesses through multiple channels as enabled from
time to time by Paymentus.
1.8 “Launch Date” means the date on which Client
completes the introduction to Users of all Services
selected by Client as of the Effective Date.
1.9 “Non-Qualified Transaction” means (i) a Payment
made with a card or payment method generally issued for
business use that results in interchange fees or other
processing charges assessed by a Paymentus
Authorized Processor or card payment association that
are higher than those charged for transactions with cards
payment methods issued for consumer use; or (ii) a
Payment that does not qualify for reduced interchange
fees under programs in which is then currently
participating. These high-cost cards payment methods
may include, among others, corporate cards, virtual
cards, purchase cards, business cards, and travel and
entertainment cards.
1.10 “Payment” means payment by a User through the
Platform for Client’s services, Client’s bills, or other
amounts owed to Client.
1.11 “Payment Amount” means the amount of a
Payment.
1.12 “Paymentus Authorized Processor” means a
Paymentus authorized merchant account provider or
payment processing intermediary or gateway.
1.13 “Paymentus Fee” is defined in Section 3.2.
1.14 “Platform” is defined in Section 2.1.
1.15 “Reversed or Chargeback Transactions” means
cancelled transactions due to (i) User error, (ii) a User’s
challenge to Payment authenticity, or (iii) an action by a
financial institution or a Paymentus Authorized Processor
(commonly referred to as ACH or eCheck returns or
credit/debit card chargebacks).
1.16 “Services” means the performance by Paymentus
of the payment and related services selected by Client as
set forth in Schedule A and as provided in Section 2.3.
1.17 “User” means a user of Client’s services.
2 Description of Services to be Performed
2.1 Scope of Services
When selected on Schedule A, Paymentus will provide
Users the opportunity to view and receive bills, make
Payments using the payment methods provided under
Schedule A and other payment methods and wallets as
offered by Paymentus from time to time. The payment
methods and other services provided may be used within
the channels described on Schedule A or on other
websites or mobile/web apps or chatbots or voice
assistants that are part of the Instant Payment Network™,
Page 140 of 185
3
(collectively referred to as the “Platform”). Paymentus will
provide a mechanism by which Client may select
channels and payment methods it wishes to offer Users.
Paymentus will be the exclusive provider to Client of
services included in the Services.
2.2 Professionalism
Paymentus will perform in a professional manner all
Services required to be performed under the Agreement.
2.3 New or Enhanced Services
From time to time Paymentus may offer Client new or
enhanced services, such as new functionality within the
IPN, the ability to accept other payment methods,
methods of bill presentment, the ability to access
alternative payment processors or other service providers
or Paymentus Authorized Processors or otherwise modify
the terms and conditions under which the Services are
provided (“Service Enhancements”). Paymentus will
provide Client with notice by email to the person
designated as provided in Section 9.1 disclosing the
terms, including any contracts or contract amendments,
under which the Service Enhancements will be made
available. If the Service Enhancements will result in
additional fees to or impose additional obligations on
Client or Users, Client will have at least thirty (30) days
after the date of the notice to opt-out of the Service
Enhancements in the manner provided in the notice. If
Client does not opt-out, then when the Service
Enhancements are introduced they will form part of the
Services and Client will be bound by the additional terms
as disclosed in the notice, and Schedule A will be deemed
amended to reflect changes in the Services and fees.
3 Compensation
3.1 No Fee Installation
Paymentus will charge no fees related to the Initial Setup
of standard service.
3.2 Paymentus Fee
Client will be billed the fees as provided in Schedule A
(“Paymentus Fee”), unless a fee is User paid, in which
case Paymentus will charge each User the Paymentus
Fee as provided in Schedule A to be collected in addition
to the corresponding Payment as part of the transaction.
Paymentus will pay the corresponding processing and
related fees (“Transaction Fees”) except for fees related
to Reversed or Chargeback Transactions.
The Paymentus Fee is based on the Fee Assumptions.
Client will be billed additional Paymentus Fees equal to
2.75% of the Excess Payment Amount for each month
during which there is an Excess Payment Amount.
Paymentus may amend Schedule A upon prior written
notice to Client if there are changes in the card or payment
system rules or changes in payment processing fees or
other events that increase the cost of processing
transactions, such as changes in the average Payment
Amount, the mix of payment methods or of interchange
rates applied to transactions. The amended Paymentus
Fee will take effect 30 days after written notice to Client.
4 Payment Processing
4.1 Integration with Client’s Billing System
At no charge from Paymentus to Client, Paymentus will
develop one (1) file format interface with Client’s billing
system using Client’s existing text file format currently
used to post payments to Client’s billing system. Client will
be responsible to provide Paymentus with the one file
format specification and will fully cooperate with
Paymentus during the development of the said interface.
If Client chooses to create an automated file integration
process to download the posting file, due to Paymentus
security requirements, Client will use Paymentus
specified integration process. As such, the Paymentus
platform does and can function independent of any billing
system integration. A payment posting file can be emailed
or downloaded from the Paymentus Agent Dashboard. If
Client chooses to have the Paymentus platform integrated
with its billing system, Paymentus offers two options:
(i) Paymentus standard integration specification that
Client can use to integrate its billing systems with
Paymentus platform (“Standard Integration”); or
(ii) Paymentus to either customize or configure its
platform to integrate with Client using file specification or
APIs supported by Client’s billing system (“Client Specific
Integration”).
If Client chooses Standard Integration, Paymentus
agrees to fully cooperate with Client and provide its
specification to Client. Paymentus also agrees to
participate in meetings with Client’s software vendor to
provide any information or clarifications needed to
understand Standard Integration. Paymentus agrees to
provide all integration/interface specifications within 30
days from the Effective Date. Client will take commercially
reasonable steps to develop the integration within 60 days
from the date on which Client has received all integration
specifications from Paymentus.
If Client chooses Client Specific Integration, Paymentus
agrees to develop that integration at no charge from
Paymentus to Client, provided however, Client agrees to
fully cooperate with Paymentus and cause its software
vendors and other service providers to fully cooperate
with Paymentus. Client agrees to provide all
specifications required for Client Specific Integration.
Client further agrees to participate in testing with
Page 141 of 185
4
Paymentus and if needed, cause its billing software
vendors and other service providers to participate in
testing. Client agrees to provide or make available all
integration/interface specifications within 30 days from the
Effective Date. Paymentus will take commercially
reasonable steps to develop the integration within 60 days
from the date on which Paymentus has received all the
integration specifications from Client or its vendors.
Parties agree that if the parties do not cooperate fully, it
can lead to each party being unable to perform its duties
to deliver the integration in time.
Based on Client’s use of the Platform and its respective
modules selected under the Agreement, Paymentus will
require the following integration points:
MODULE INTEGRATION
POINT
One-time payment
Module
Customer Information:
Text File or Real Time
Payment Posting: Text
File or Real Time
Recurring Payment
Module
Text File
E-billing Module
for Billing Data
Text File or Real-time
link to billing data
Out-bound
Notification-
Audience File
Text File for customer
engagement messages
Each of these can be based on Standard Integration or
Client Specific Integration.
The Initial Setup for the Web or IVR interface will be
considered complete when the first Standard Integration
or Client Specific Integration, as applicable, is completed
such that Paymentus and Client are able to exchange files
relevant to that interface, as contemplated in this Section
4.1. In the event the Services are implemented without
integration, the Initial Setup will be considered complete
when a User is able to access the Platform to process a
payment.
4.2 Enhancements
The parties agree that the Services are provided on a
“platform as a service” basis, and not as a result of custom
software development. Paymentus’ standard Platform will
be personalized to achieve certain additional functional
requirements of Client, as clarified and agreed during
implementation (“Enhancements”). Enhancements may
include some or all of the features included in any
technical requirements or similar document provided to
Paymentus. The parties will fully co-operate with one
another to: a) ensure that requirements with respect to
Enhancements are clarified as needed; b) accept
Paymentus proposed reasonable alternatives to achieve
Client’s functional objectives within the limits of the
Paymentus platform; and c) accept Paymentus’
reasonable estimates of time for completion, designs and
plans with respect to agreed Enhancements. There will be
no fee charged by Paymentus to Client for
Enhancements, provided Paymentus designs and plans
are accepted by Client. If the Services are to be offered at
multiple locations, or if the Services include multiple
Enhancements, the parties will agree to a phased
implementation.
4.3 PCI Compliance
To the extent that either party receives payment card
information subject to the Payment Card Industry Data
Security Standards (“PCI-DSS”) in connection with
providing the Services, it will comply with all requirements
of the PCI-DSS with respect to storage, transmission and
disclosure of payment card information.
4.4 Explicit User Confirmation
Paymentus will confirm the dollar amount of all Payments,
and when paid by the User, the corresponding Paymentus
Fee to be charged and electronically obtain the User’s
approval of the charges prior to initiating payment
authorizations transaction. Paymentus will provide User
with electronic confirmation of all transactions.
4.5 Merchant Account
Paymentus will arrange for Client to have a merc hant
account with the Paymentus Authorized Processor for
processing and settlement of transactions.
4.6 Payment Authorization.
For authorization purposes, Paymentus will electronically
transmit all card or other payment transactions to the
appropriate processing center, in real time as the
transactions occur or as provided in applicable rules. In
its discretion, Paymentus may refuse to process any
transaction that is submitted in violation of its terms of use
or to protect Client, Users, itself or others from potentially
illegal, fraudulent or harmful transactions.
4.7 Settlement
Paymentus together with a Paymentus Authorized
Processor will forward the payment transactions, and
when paid by User, the corresponding Paymentus Fee to
the appropriate organizations for settlement (other than
the Paymentus Fee) directly to Client’s depository bank
account previously designated by Client (“Client Bank
Account”). When Client pays the Paymentus Fee,
Paymentus will invoice Client and debit the fees from the
Client Bank Account on a monthly basis.
Page 142 of 185
5
Paymentus together with the Paymentus Authorized
Processor will continuously review its settlement and
direct debit processes for its simplicity and efficiencies.
Client and Paymentus agree to full y co-operate with each
other if Paymentus were to change its settlement and
invoicing processes. Paymentus will make reasonable
every effort to deposit payments (other than Paymentus
Fee) no later than 24 hours from time of receipt.
4.8 Reversed or Chargeback Transactions
With respect to all Reversed or Chargeback Transactions
Client authorizes Paymentus and Paymentus Authorized
Processor (and/or the respective payment organizations)
to debit the Client Bank Account for the Payment Amount
and Paymentus will refund to the payment organization
for credit back to the User the corresponding Paymentus
Fee, if any.
Paymentus together with Paymentus Authorized
Processor will continuously review its processes for
Reversed or Chargeback Transactions for simplicity and
efficiencies. Client and Paymentus agree to reasonably
co-operate with each other if Paymentus requires any
change to its settlement and invoicing processes for these
transactions.
5 General Conditions of Services
5.1 Service Reports
Paymentus will provide Client with reports summarizing
use of the Services by Users for a given reporting period.
5.2 User Adoption Communication by Client
Client will communicate the Services as a payment option
to its customers wherever Client usually communicates its
other payment options.
Client will make the Services known or available to its
customers by different means of customer communication
including a) through bills, invoices and other notices; b) if
direct payments have been activated, by providing IVR
and Web payment details on Client’s website including a
“Pay Now” or similar link on a mutually agreed prominent
place on the web site; c) if IVR payments have been
activated, through Client’s general IVR/Phone system;
and d) other channels deemed appropriate by Client.
Paymentus will provide Client with logos, graphics and
other marketing materials for Client’s use in its
communications with its customers regarding the
Services and/or Paymentus.
5.3 Independent Contractor
Paymentus is an independent contractor.
5.4 Client’s Responsibilities
In order for Paymentus to provide the Services outlined in
the Agreement, Client will co-operate with Paymentus by:
(i) Entering into (and authorizing Paymentus to do
so on its behalf) all applicable merchant processing, cash
management, ACH origination, or kiosk agreements,
provided that Client is given notice of and approves any
additional fees associated with those agreements, and
providing information and consents reasonably requested
in connection with the agreements.
(ii) Keeping throughout the duration of the
Agreement during which direct payments via the web is
activated, a bill payment link connecting to the Paymentus
Platform at a prominent and mutually agreed location on
Client’s website. If the IVR channel is activated, the phone
number for IVR payments will also be added to the web
site and as an option as part of Client’s general phone
system.
(iii) Sharing User Adoption marketing as described in
Section 5.2.
(iv) Launching the Service within 30 days of
Paymentus making the system available.
(v) Dedicating sufficient and properly trained
personnel to support the implementation process and its
use of the Services in compliance with all laws applicable
to its use of the Services.
(vi) Providing Paymentus with the file format
specification currently used to post payments to the billing
system to allow Paymentus to provide Client with a
posting file for posting to Client’s billing system.
(vii) Fully cooperating with Paymentus and securing
the cooperation of its software and service providers and
providing the information required to integrate with
Client’s billing system.
(viii) Fully cooperating with Paymentus to integrate its
systems with the Paymentus Platform through the use of
Paymentus’ APIs to enable Client’s access to the IPN, if
selected.
6 Indemnification and Limitation of Liability
6.1 Paymentus Indemnification and Hold
Harmless
Paymentus agrees to defend and indemnify Client and its
directors, officers or governing officials, or employees
(collectively, the “Client Indemnitees”) from and against
all liabilities, demands, losses, damages, costs or
expenses (including reasonable attorney’s fees and
costs), incurred by any Client Indemnitee arising from a
claim or demand brought by a third party to the extent the
claim or demand alleges that the Services provided under
Page 143 of 185
6
this Agreement infringe the intellectual property rights of
the third-party. Paymentus further agrees to the fullest
extent permitted by law to indemnify and hold harmless
Client, its affiliates, officers, directors, stockholders,
agents, employees, and representatives, from and
against all liabilities, demands, losses, damages, costs or
expenses (including without limitation attorney's fees and
expenses) against third party claims incurred by Client as
a result or arising out of (i) willful misconduct or
negligence of Paymentus related to the Services or (ii) a
material breach of Paymentus' covenants.
6.2 Client Indemnification and Hold Harmless
Client agrees to defend and indemnify Paymentus and its
directors, officers, or employees (collectively, the
“Paymentus Indemnitees”) from and against all liabilities,
demands, losses, damages, costs or expenses (including
reasonable attorney’s fees and costs), incurred by any
Paymentus Indemnitee arising from a claim or demand
brought by a third party to the extent the claim or demand
relates to the underlying relationship or obligations of
Client and its Users, incurred by Paymentus as a result or
arising out of (i) willful misconduct or negligence of Client
related to the Services or (ii) a material breach of Client's
covenants..
6.3 Indemnification Procedure
The indemnified party will give the indemnifying party
prompt written notice of any claim for which
indemnification is sought. The indemnifying party will
have the right to control the defense and settlement of any
claim, provided that any settlement that adversely affects
the indemnified party requires the indemnified party’s
consent, which will not be unreasonably delayed or
withheld. The indemnified party will not settle any claim
without the consent of the indemnifying party, which will
not be unreasonably delayed or withheld.
6.4 Warranty Disclaimer
Except as expressly set forth in the Agreement,
Paymentus disclaims all other representations or
warranties, express or implied, made to Client or any
other person, including without limitation, any warranties
regarding quality, suitability, merchantability, fitness, for a
particular purpose or otherwise of any services or any
good provided incidental to the Services provided under
the Agreement.
6.5 Limitation of Liability
Except as provided in Paragraph 6.1,, Paymentus will not
be liable for any lost profits, lost savings or other special,
indirect or consequential damages, even if it has been
advised of or could have foreseen the possibility of these
damages. In no event will Paymentus be liable for any
losses or damages resulting from the acts, omissions or
errors of third parties or of Client or for providing
agreements, instructions or information to Users as
instructed by Client. The preceding limitation on damages
does not apply to Paymentus indemnification obligations
for which Paymentus’ total liability shall not exceed
$250,000.00. Notwithstanding any other provision in the
Agreement, Paymentus’s total liability under the contract
shall not exceed $1,000,000.
7 Term and Termination
7.1 Term
The term of the Agreement will commence on the
Effective Date and continue through November 23 rd,
2025. (“Initial Term”).
At the end of the Initial Term, the Agreement will
automatically renew for successive three (3) year periods
unless either Client or Paymentus provide the other party
with not less than 90 (ninety) days prior written notice
before the automatic renewal date that it elects not to
automatically renew the term of the Agreement.
7.2 Material Breach
A material breach of the Agreement will be cured within
90 business days (“Cure Period”) after a party notifies the
other of the breach. In the event the material breach has
not been cured within the Cure Period, the non-breaching
party can terminate the Agreement by providing the other
party with a 30 business days’ notice.
7.3 Upon Termination
Upon termination of the Agreement, the parties agree to
cooperate with one another to ensure that all Payments
are accounted for and all refundable transactions have
been completed. Upon termination, Paymentus will cease
all Services being provided hereunder unless otherwise
directed agreed in writing.
8. Use by Other Localities.
The parties agree that this Master Services Agreement
may be extended, with the authorization of Client, to other
public entities or public agencies or institutions of the
United States (“Other Public Customers”) to permit their
use of the Master Services Agreement at the same prices
and/or discounts and terms and conditions of this Master
Services Agreement. If any other public entity decides to
use the Master Services Agreement, Paymentus must deal
directly with that public entity concerning the placement of
orders, issuance of the purchase orders, contractual
disputes, invoicing and payment. Client acts only as the
“Contracting Agent” for these public entities. It is
Paymentus’ responsibility to notify the public entities of the
availability of this Master Services Agreement. Other
public entities desiring to use this Master Agreement must
make their own legal determination as to whether the use
Page 144 of 185
7
of this Master Services Agreement is consistent with their
laws, regulations, and other policies. Each public entity
has the option of executing a separate contract with
Paymentus. Public entities may add terms and
conditions required by statute, ordinances, and
regulations, to the extent that they do not conflict with the
Master Services Agreement’s General Terms and
Conditions. If, when preparing such a contract, the
general terms and conditions of the public entity are
unacceptable to Paymentus, Paymentus may withdrawal
its extension of the award to that public entity. Client shall
not be held liable for any costs or damages incurred by an
Other Public Customer as a result of any award extended
to that Other Public Customer by Paymentus.
9 Miscellaneous
9.1 Authorized Representative
Each party will designate an individual to act as its
representative, with the authority to transmit instructions
and receive information. The parties may from time to
time designate other individuals or change the individuals.
9.2 Notices
All notices of any type hereunder will be in writing and sent
to the addresses indicated on the signature page, and
except as otherwise provided in these Terms and
Conditions will be given by certified mail or a national
courier or by hand delivery.
Notices will be considered to have been given or received
on the date the notice is physically received. Any party by
giving notice in the manner set forth herein may
unilaterally change the name of the person to whom
notice is to be given or the address at which the notice is
to be received.
9.3 Interpretation
It is the intent of the parties that no portion of the
Agreement will be interpreted more harshly against either
of the parties as the drafter.
9.4 Governing Law
Should any dispute arise between the parties as a result
of the breach, interpretation, or performance of this
Agreement, venue shall be placed in the state or federal
courts in Franklin County, Washington, the laws of the
State of Washington shall apply. Except for actions for
injunctive relief or specific performance, all other disputes
shall be resolved by arbitration pursuant to RCW 7.04A,
the Mandatory Rules of Arbitration (MAR), with all parties
waiving the right of a jury trial upon de nova review, with
the substantially prevailing party being awarded its
reasonable attorney fees and costs against the other as
an additional judgment.
9.5 Severability
If a word, sentence or paragraph herein is declared illegal,
unenforceable, or unconstitutional, that word, sentence or
paragraph will be severed from the Agreement, and the
Agreement will be read as if that word, sentence or
paragraph did not exist.
9.6 Attorney’s Fees. Should any litigation arise
concerning the Agreement between the parties hereto, the
parties agree to bear their own costs and attorney’s fees.
9.7 Confidentiality
Client will not for any purpose inconsistent with the
Agreement disclose to any third party or use any
confidential or proprietary non-public information it has
obtained during the procurement process or during t he
term of the Agreement about Paymentus’ business,
including the terms of the Agreement, operations,
financial condition, technology, systems, know-how,
products, services, suppliers, clients, marketing data,
plans, and models, and personnel. Paymentus will not for
any purpose inconsistent with the Agreement or its
privacy policy in effect from time to time disclose to any
third party or use any confidential User information it
receives in connection with its performance of the
services.
9.8 Intellectual Property
In order that Client may promote the Services and
Paymentus’ role in providing the Services, Paymentus
grants to Client a revocable, non-exclusive, royalty-free,
license to use Paymentus’ logo and other service marks
(the “Paymentus Marks”) for this purpose only. Client
does not have any right, title, license or interest, express
or implied in and to any object code, software, hardware,
trademarks, service mark, trade name, formula, system,
know-how, telephone number, telephone line, domain
name, URL, copyright image, text, script (including,
without limitation, any script used by Paymentus on the
IVR or the Website) or other intellectual property right of
Paymentus (“Paymentus Intellectual Property”). All
Paymentus Marks, Paymentus Intellectual Property, and
the Platform and all rights therein (other than rights
expressly granted herein) and goodwill pertain thereto
belong exclusively to Paymentus.
9.9 Force Majeure
Paymentus will be excused from performing the Services
to the extent its performance is delayed, impaired or
rendered impossible by acts of God or other events that
are beyond Paymentus’ reasonable control and without its
fault or judgment, including without limitation, natural
disasters, war, terrorist acts, riots, acts of a governmental
entity (in a sovereign or contractual capacity), fire, storms,
quarantine restrictions, floods, explosions, labor strikes,
Page 145 of 185
8
labor walk-outs, extra-ordinary losses utilities (including
telecommunications services), external computer
“hacker” attacks, and/or delays of common carrier.
9.10 Entire Agreement
The Agreement represents the entire agreement between
the parties with respect to its subject matter and
supersedes all prior written or oral agreements or
understandings related to its subject matter and except as
provided in the Agreement may be changed only by
agreement in writing signed by the authorized
representatives of the parties.
9.11 Counterparts
The Agreement and any amendment or other document
related to the Agreement may be executed in
counterparts, each of which will constitute an original, and
all of which will constitute one agreement. The Agreement
and any amendment or other document related to the
Agreement may be signed electronically. A photographic
or facsimile copy of the signature evidencing a party’s
execution of the Agreement will be effective as an original
signature.
Page 146 of 185
9
Schedule A – Paymentus Service Fee Schedule
Paymentus Service Fee Charged to the Client will be based on the following mode:
Absorbed Fee Model
Absorbed Model
Average Bill Amount: $106.00
Paymentus Service Fee per qualified Utility Rate transactions
Credit Debit Card $2.00 (Visa, MasterCard, Discover Utility Rate
Program)
Additional Payment Methods $2.00 (Amazon, PayPal, PayPal Credit, Venmo)
ACH/eCheck $1.00
EPA $0.10 per transaction
Ebill No cost
Amex/Non-Qualified 2.75% of total dollar amount
Swipe Device $225.00 per device
Note: Maximum Amount per Payment is $300. Multiple payments can be made.
Paymentus may apply different limits per transactions for user adoption or to mitigate risk.
Paymentus Service Fee charged to the End User will be based on the following table:
Payment Type Paymentus Service Fee
Miscellaneous Government 2.85% for Credit, Debit Cards and ACH/eCheck
Note: Maximum Amount for Miscellaneous Government payments shall be $5,000.00
The Paymentus Service Fee shall be collected in addition to the end-user bill payment total. Paymentus may
apply different limits per transactions for user adoption or to mitigate risks.
Page 147 of 185
AGENDA REPORT
FOR: City Council January 8, 2021
TO: Dave Zabell, City Manager Remote Regular Meeting:
1/19/21
FROM: Zach Ratkai, Director
Administrative & Community Services
SUBJECT: Purchase and Sale Agreement - Autozone/Fire Station 87
I. REFERENCE(S):
Resolution
Purchase and Sale Agreement
Site Plan
Comparative Pricing Report
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to approve Resolution No. ______, authorizing the purchase
of 2.1 acres in the NE section of the City for location of future Fire Station No.
87 and further, authorize the City Manager to execute the Purchase Sale
Agreement with Auto Zone Parts Incorporated.
III. FISCAL IMPACT:
Approximately $255,000, not including costs to close the property.
IV. HISTORY AND FACTS BRIEF:
The Fire Strategic Plan, adopted in 2017, and 2021 -2026 Capital Improvement
Plan identify the need for a future fire station in the King City area o f Pasco.
Industrial growth in King City and commercial and residential growth south of
SR-12 services medical emergency and demands for increased has fire
provided primarily by Pasco Fire Station No. 82 on Oregon Avenue. As
previously discussed, anticipated future growth in both areas will ultimately
result in the need for an additional station in the King City industrial area.
Council purchase appropriated funds in the 2021/2022 Biennial Budget
property for a future fire station in the King City.
Staff evaluated many different properties in the King City area and the location
Page 148 of 185
of the Autozone property is most desirable and suitable, providing access on
Capitol Boulevard and quick access to US Highway 395. This is a strategic
location to serve both current development and future growth, including
properties acquired by the Colville Tribe for their eventual casino location.
V. DISCUSSION:
Staying ahead of development with the capacity to provide fire and EMS
services is important and advanced planning for future fire station sites, as was
accomplished through the PFD 2017 Strategic Plan, has proved an invaluable
tool in this regard.
Based on the current rate of growth it is anticipated that a station would be
needed in this area in five to eight years; however, construction of a major
facility, or facilities, could potentially accelerate the timeline of need depending
on the impacts.
At a price of $2.77 per square foot, the Autozone property is priced fairly. Staff
recommends approval of the Resolution approving the Purchase Sale
Agreement to secure this property for a future fire station site.
Page 149 of 185
Resolution - Purchase Sale Agreement – Property for Fire Station 87
RESOLUTION NO. ____________
A RESOLUTION OF THE CITY OF PASCO, WASHINGTON,
AUTHORIZING THE PURCHASE OF 2.1 ACRES IN THE NE SECTION
OF THE CITY FOR LOCATION OF FUTURE FIRE STATION NO. 87.
WHEREAS, through inquiry and negotiation, AutoZone Parts, Inc. authorized the sale of
2.1 acres on the NW corner of their property located at 3733 North Capitol Avenue, listing the
purchase price as $255,000; and
WHEREAS, through discussion of mutual goals of both the Pasco Fire Department and
the City of Pasco to seek and strategically purchase fee-simple land for future locations of fire
stations, and
WHEREAS, the City has reviewed the Purchase and Sale Agreement and all associated
exhibits attached thereto, and
WHEREAS ¸ the City has appropriated funding for purchase in the amount of the listing
price;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF PASCO, WASHINGTON:
That the attached Purchase and Sale agreement is satisfactory to the goals and budget for
the City of Pasco and the purchase of the subject property is advantageous to the City, and
Be It Further Resolved that the City Manager is hereby authorized to execute the
Purchase and Sale agreement attached hereto as Exhibit “A.”
PASSED by the City Council of the City of Pasco this 19th day of January, 2021.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
Debra Barham, CMC Ferguson Law PLLC
City Clerk City Attorney
Page 150 of 185
WA9788 1
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
&
ESCROW INSTRUCTIONS
THIS AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY &
ESCROW INSTRUCTIONS ("Agreement"), dated as of __________, 2021 is entered into
by and between AutoZone Parts, Inc., a Nevada corporation ("Seller") and The City
of Pasco, Washington, a Municipal Corporation ("Buyer"), with reference to the
following:
RECITALS
A. WHEREAS, Seller is the owner of a fee estate in that certain real property located
in Pasco, Washington, consisting of approximately 2.125 acres of land together with all
rights and easements appurtenant thereto, as shown on Exhibit A (“Property”) and is a
portion of the entire property owned by Seller and described on Exhibit B attached
hereto and made a part hereof; and
B. WHEREAS, Seller desires to sell and Buyer desires to purchase the Property.
NOW, THEREFORE, with reference to the foregoing Recitals which are
incorporated herein by this reference, and for other valuable consideration the receipt
and adequacy of which are hereby acknowledged, the parties hereto agree as follows:
TERMS, CONDITIONS AND CONTINGENCIES OF PURCHASE AND SALE:
1. PURCHASE PRICE. Subject to the terms and conditions of this Agreement, Seller
agrees to sell to Buyer, and Buyer agrees to purchase from Seller, the Property for a
purchase price of Two Hundred Fifty-Five Thousand and 00/100 Dollars ($255,000.00)
("Purchase Price") payable in cash at the Closing (as defined below). Buyer acknowledges
that Buyer, by Closing, will have inspected and examined all factors concerning the
Property and hereby affirms the Purchase Price has been adjusted to reflect an "AS IS"
condition of the Property. Upon the Closing, Buyer shall conclusively be deemed to have
released Seller from all responsibility relating to the Property, and to have accepted the
Page 151 of 185
WA9788 2
Property in its condition "AS IS", without warranty or representation express or implied,
except as expressly set forth herein.
1.1 TRANSFER OF TITLE. The Property is to be conveyed by statutory
warranty deed (“Deed”). The Deed shall be subject to easements, conditions and
restrictions of record that lawfully affect the Property and subject to those matters that
would be shown on a current, accurate survey of the Property or by an inspection
thereof. In addition, the Deed shall be subject to the restrictions and “as-is” language
contained in the Agreement. The Deed shall contain an area for Buyer to acknowledge
its understanding and agreement regarding the restrictions and “as-is” language and
Buyer shall sign this acknowledgement at Closing. The legal description to be used in
the Deed transferring the Property to Buyer shall be the metes and bounds legal
description shown on Buyer’s survey of the property (see Article 1.2 below), provided
said legal description is first approved in writing by Seller. Seller may convey the
Property to another entity that will execute the Deed.
1.2 SURVEY AND OTHER MATTERS CONCERNING THE STATUS OF THE
PROPERTY.
A. Buyer shall, at Buyer’s cost, obtain a survey and provide a copy of same
to Seller on or before closing. Said survey shall include a legal description that will be
attached to the Deed. Said survey shall include:
1. A metes and bounds legal description of the Property.
2. A metes and bounds legal description of Seller’s Remaining Property as
shown on Exhibit A ( “Seller’s Remaining Property”);
3. Any utilities running over, through or under the Property.
4. All utilities (whether above or below ground) servicing Seller’s
Remaining Property (whether running through the Property, through
Seller’s Remaining Property, or otherwise), including but not limited to
electricity, water, sanitary sewer, and storm sewer.
5. Any and all easements shown on the Title Commitment whether on the
Property or on Seller’s Remaining Property.
6. All other physical items located on the Property, including, but not
limited to, storm water drainage pipe facilities, utility poles and lines,
Page 152 of 185
WA9788 3
retention/detention ponds and any other facilities located on the
Property; and
7. Contour lines at one foot (1’) intervals and any other physical features
of the Property.
8. Certification from the engineer or surveyor as to whether a formal
subdivision is required; if required include a list of the requirements
and typical time frames for completing said formal subdivision.
9. Utilizing a 24” x 36” format, the survey must be drawn at a scale of
one-inch equals 20 feet. Use two sheets & match lines, if necessary.
The survey must be certified to Seller and to First American Title
Insurance Company.
B. IF, TO COMPLETE EITHER THE TRANSFER OR DEVELOPMENT OF
THE PROPERTY FOR BUYER’S USE, IT IS NECESSARY TO SUBDIVIDE, PLAT, RE-
PLAT OR OBTAIN A “LOT SPLIT” OF THE PROPERTY INTO A SEPARATE LOT,
BUYER SHALL, AT BUYER’S COST, BE RESPONSIBLE FOR SUCH SUBDIVISON,
PLAT, RE-PLAT, AND/OR LOT SPLIT IN ACCORDANCE WITH THE REQUIREMENTS
OF ALL APPROPRIATE GOVERNMENTAL AUTHORITIES. BUYER AND NOT SELLER,
SHALL BE RESPONSIBLE FOR ATTENDING ALL MEETINGS WITH GOVERNMENTAL
AUTHORITIES OR HAVING APPROPRIATE REPRESENTATION AT SUCH
MEETINGS. SAID SUBDIVISION, PLAT, RE-PLAT OR LOT SPLIT SHALL BE
SUBJECT TO THE PRIOR WRITTEN APPROVAL OF SELLER. SELLER AGREES TO
JOIN IN THE EXECUTION OF ANY DOCUMENT(S) REQUIRED BY SUCH
GOVERNMENTAL AUTHORITY, PROVIDED THAT SELLER HAS FIRST HAD THE
OPPORTUNITY TO REVIEW AND APPROVE SAID DOCUMENTS.
BUYER SHALL USE ITS BEST EFFORTS TO EXPEDITE THE RE-
SUBDIVISION PROCESS, SO THAT THE RE-SUBDIVISION SHALL BE
ACCOMPLISHED AS SOON AS POSSIBLE. AT LEAST ONCE DURING EVERY THIRTY
(30) DAY PERIOD, BUYER SHALL ADVISE SELLER, IN WRITING, AS TO THE
PROGRESS OF THE RE-SUBDIVISION PROCESS, THE ANTICIPATED DATE THAT
THE RE-SUBDIVISION SHALL RECEIVE FINAL APPROVAL FROM THE
GOVERNMENTAL AUTHORITY HAVING JURISDICTION AND THE ANTICIPATED
CLOSING DATE.
Page 153 of 185
WA9788 4
2. DEPOSIT OF EARNEST MONEY, OPENING OF ESCROW AND CLOSING.
Within five (5) business days after the execution of this Agreement by Buyer and Seller,
Buyer shall deposit with First American Title Insurance Company ( “Escrow Holder”),
together with an executed, original of the Agreement and an earnest money deposit in
the form of a Cashier's Check in the amount of Five Thousand and 00/100 Dollars
($5,000.00) ("Escrow Deposit"), made payable to Escrow Holder, in order to open an
escrow ("Escrow") to complete the purchase and sale herein contemplated. Such Escrow
Deposit shall be applied to the Purchase Price at the Closing. By such deposit, Escrow
Holder is hereby authorized and instructed to act in accordance with the provisions of
this Agreement which shall constitute Escrow Holder's escrow instructions.
Escrow shall be deemed to have been opened on the date that a fully executed
original of this Agreement and the Escrow Deposit are received by Escrow Holder
("Opening of Escrow") and, upon receipt thereof, Escrow Holder shall advise Buyer and
Seller of said date. In addition, Buyer and Seller agree to execute, deliver and be bound
by other documents that may be reasonably required by Escrow Holder in order to
consummate the transaction contemplated herein, provided both Seller and Buyer have
had an opportunity to review, negotiate and approve said documents and said
documents do not alter or change the terms of the Agreement.
As a material part of the consideration for Seller's execution of this Agreement,
Buyer hereby agrees that Escrow shall close within fifteen (15) business days after all
contingencies set forth in this Agreement have been satisfied but in no event later than
ninety (90) calendar days. ("Closing").
3. TERMINATION OF AGREEMENT AND CANCELLATION OF ESCROW. If either
Buyer or Seller (a) disapproves any condition referred to in this Agreement within the
applicable time period and in the manner set forth in this Agreement, or (b) is otherwise
allowed to terminate this Agreement and cancel the Escrow, without thereby committing
an act of default under this Agreement or the Escrow, and does so, then all obligations
of the parties under this Agreement shall terminate and neither party shall have any
further obligation to the other under this Agreement (except, that Buyer's indemnity of
Seller and other obligations to Seller, as set forth herein below in the Article titled
“CONDITIONS PRECEDENT TO BUYER’S PERFORMANCE”, shall continue in full force
and effect). In such event, Escrow Holder shall return all funds (after deducting its
Page 154 of 185
WA9788 5
charges to the extent payable by Buyer) and documents, then in Escrow, to the party
that deposited the documents with Escrow Holder. If Escrow fails to Close due to a
breach of this Agreement by Seller, Seller agrees to promptly direct Escrow Holder to
return the Escrow Deposit to Buyer. If Escrow fails to Close due to a breach of this
Agreement by Buyer, Escrow Holder is hereby instructed to release the Escrow Deposit
to Seller as provided herein below.
3.1 LIQUIDATED DAMAGES. Buyer and Seller agree that if Buyer fails to
perform the obligations and responsibilities as and when required by this Agreement,
such failure shall constitute a material default by Buyer and shall vest in Seller the right
to terminate this Agreement and the Escrow by giving written notice of termination to
Buyer and Escrow Holder. In the event of such termination, Buyer and Seller agree that
the actual damages which Seller would suffer as a result of Buyer's default are extremely
difficult and impractical to ascertain inasmuch as it is difficult to evaluate the damages
to be incurred by Seller taking the Property off the market pursuant to this Agreement.
Therefore, Buyer and Seller agree that Buyer's Escrow Deposit represents a reasonable
estimate as to the amount of such damages and Seller shall be entitled to receive and
retain the Escrow Deposit as liquidated damages which shall be in lieu of specific
performance and all other damages or remedies that otherwise would be available to
Seller, if Buyer fails to Close on account of Buyer's breach of this Agreement.
Seller and Buyer further agree that if Seller fails to perform the obligations and
responsibilities as and when required by this Agreement, such failure shall constitute a
default by Seller and shall vest in Buyer the right to terminate this Agreement and the
Escrow by giving written notice of termination to Seller and Escrow Holder. In the event
of such termination, Seller and Buyer agree that the actual damages which Buyer would
suffer as a result of Seller's default are extremely difficult and impractical to ascertain
inasmuch as it is difficult to evaluate the damages to Buyer. Therefore, Seller and Buyer
agree that, in addition to the return of the Escrow Deposit, the sum of Five Thousand
Dollars ($5,000.00) represents a reasonable estimate as to the amount of such damages
and Buyer shall be entitled to receive same from Seller as liquidated damages, which
shall be in lieu of specific performance and all other damages or remedies that would
otherwise be available to Buyer, if Seller fails to Close the Escrow on account of Seller's
breach of this Agreement.
Page 155 of 185
WA9788 6
4. CONDITIONS PRECEDENT TO BUYER'S PERFORMANCE. Buyer acknowledges
that Buyer has made a general inspection of the Property prior to executing this
Agreement, that Buyer is generally satisfied with the condition of the Property and that
this sale is an “AS-IS” Sale. Buyer shall, however, have until ninety (90) days after
execution of this agreement to make a detailed inspection of the Property and may, by
written notice to Seller and Escrow Holder, on or before one-hundred (120) days after
execution of this agreement, terminate this Agreement and cancel the Escrow for any
reason.
After one-hundred twenty (120) days after execution of this agreement Buyer's
obligation to purchase the Property and Seller’s obligation to sell the Property is subject
to the satisfaction of all the conditions, set forth below, within the time periods specified.
If Buyer is not satisfied with the Property for the reasons outlined below and Buyer
notifies Seller and Escrow Holder in the manner and within the stated applicable time
period required herein, Buyer may terminate this Agreement and cancel the Escrow as
provided in this Agreement. Buyer may waive, in writing, any or all the conditions, in
whole or in part, without prior notice to Seller.
If Closing does not occur for any reason, other than Seller's default, Buyer shall
promptly deliver to Seller all surveys, plans and reports or other documents concerning
the condition of the Property, that are prepared by or for Buyer under this Article.
A. Approval Of Title Commitment. Buyer hereby authorizes Escrow
Holder to order, at Buyer's expense, a commitment ("Commitment") for an Owner's
Policy of Title Insurance from First American Title Insurance Company to be issued to
Buyer, at Closing, pursuant to instructions herein. Escrow Holder shall forward the
Commitment, when received, to Buyer and Seller. Buyer shall, within fifteen (15)
business days following Buyer’s receipt of the Commitment, notify Escrow Holder and
Seller of Buyer's written objection (s) to any exceptions shown on the Commitment.
Seller shall, within fifteen (15) business days following its receipt of Buyer’s objections,
notify Buyer whether Seller intends to cure such objections. If Seller elects not to cure
such objections, Buyer may either terminate this Agreement, as provided herein, or elect
to purchase the Property despite its objections. In any event, Buyer's failure to respond,
on or before thirty (30) days after execution of this agreement shall be deemed conclusive
evidence of Buyer's approval of the condition of title as shown on the Commitment.
Page 156 of 185
WA9788 7
B. Access To The Property. Until the Closing of this Agreement Seller
grants to Buyer, its employees and agents a limited license to enter on the Property, so
long as the activities do not damage the Property, to conduct reasonable surveys,
inspections and tests, at Buyer’s cost, as may be necessary or desirable in Buyer's sole
judgment and discretion, to ascertain all aspects of the physical condition of the
Property, including, but not limited to the condition of the soil and the presence of toxic
and hazardous waste materials, if any.
Buyer agrees that access to the Property shall be at reasonable times and
during ordinary business hours. The Property shall be kept free and clear of all
mechanics' and materialmen’s' liens arising out of any activities by Buyer. Buyer agrees
to repair any damage to the Property caused by its inspection thereof and Buyer shall
indemnify, defend and hold Seller harmless against all claims, losses, liabilities,
damages or expenses (including, without limitation, attorneys' fees) which may arise
from or be related to Buyer's inspection of the Property. Notwithstanding the foregoing
sentence, if Buyer is required to report any of its findings concerning the condition of
the Property to a governmental agency and such findings cause Buyer to terminate this
agreement, pursuant to the terms contained herein, the above indemnity shall not cover
any claim made by such agency against Seller. If, however, Buyer elects to purchase the
Property despite such findings, Buyer shall indemnify Seller against any and all claims
made by such agency concerning the Property and Buyer agrees that it is purchasing
the Property “AS-IS”.
If based on Buyer’s due diligence, Buyer disapproves the physical condition of
the Property, Buyer may by written notice to Seller and Escrow Holder, terminate this
Agreement. In such written notice, Buyer must specifically state what aspect of the
physical condition of the Property does not meet with the Buyer's approval, what Buyer
is using as a basis for terminating this Agreement and furnish Seller with the written
information, notices and reports on which Buyer is basing its reason for terminating the
agreement. All reports should be originals or certified copies from the qualified and
licensed companies that Buyer hired to make such evaluations. Buyer's failure to
respond on or before thirty (30) days after execution of this agreement shall be deemed
conclusive evidence of Buyer's approval of the physical condition of the Property. Buyer
shall not have access onto Seller’s Remaining Property, either prior to or after Closing.
Page 157 of 185
WA9788 8
C. Delivery Of Documents. Seller shall have executed, acknowledged
(if required) and delivered all documents and instruments required of Seller to Escrow
Holder, as required in this Agreement.
5. CONDITION OF "AS IS" PROPERTY. BUYER ACKNOWLEDGES THAT
EXCEPT FOR ANY EXPRESS WARRANTIES AND REPRESENTATIONS CONTAINED
IN THE AGREEMENT, THE DEED, AND THE ENVIRONMENTAL DISCLOSURES
REQUIRED UNDER WASHINGTON LAW, BUYER IS NOT RELYING ON ANY
WRITTEN, ORAL, IMPLIED OR OTHER REPRESENTATIONS, STATEMENTS OR
WARRANTIES BY SELLER OR ANY AGENT OF SELLER OR ANY REAL ESTATE
BROKER OR SALESMAN. ALL PREVIOUS WRITTEN, ORAL, IMPLIED OR OTHER
STATEMENTS, REPRESENTATIONS, WARRANTIES OR AGREEMENTS, IF ANY,
ARE MERGED HEREIN.
SELLER HEREBY ACKNOWLEDGES THAT IT HAS REVIEWED THE SELLER
DISCLOSURE FORM IN RCW 64.06.013 AND UNDERSTANDS ITS OBLIGATIONS
UNDER THAT CHAPTER. SELLER FURTHER ACKNOWLEDGES THAT UNDER
WASHINGTON LAW, BUYER MAY NOT AND DOES NOT WAIVE RECEIPT OF THE
“ENVIRONMENTAL” SECTION OF THE SELLER DISCLOSURE STATEMENT, IF THE
ANSWER TO ANY OF THE QUESTIONS IN THE “ENVIRONMENTAL” SECTION IS
“YES.”
OTHER THAN AS SPECIFICALLY DISCLOSED HEREIN, SELLER HAS NOT
MADE, DOES NOT MAKE, AND EXPRESSLY DISCLAIMS, ANY WARRANTIES,
REPRESENTATIONS, COVENANTS OR GUARANTEES, EXPRESSED OR IMPLIED,
OR ARISING BY OPERATION OF LAW, AS TO THE MERCHANTABILITY,
HABITABILITY, QUANTITY, OR QUALITY OF THE PROPERTY OR ITS SUITABILITY
OR FITNESS FOR ANY PARTICULAR PURPOSE OR USE, EXCEPT WITH REGARD
TO ENVIRONMENTAL CONDITION OF THE PROPERTY AS REQUIRED BY RCW
64.06.010.
UPON CLOSING, BUYER AFFIRMS THAT IT HAS (i) INVESTIGATED AND
INSPECTED THE PROPERTY TO ITS SATISFACTION AND IS FAMILIAR AND
SATISFIED WITH THE CONDITION OF THE PROPERTY AND (ii) HAS MADE ITS
OWN DETERMINATION AS TO (a) THE MERCHANTABILITY, QUANTITY, QUALITY
Page 158 of 185
WA9788 9
AND CONDITION OF THE PROPERTY, AND (b) THE PROPERTY’S SUITABILITY OR
FITNESS FOR ANY PARTICULAR PURPOSE OR USE. BUYER HEREBY ACCEPTS
THE PROPERTY IN ITS PRESENT CONDITION ON AN “AS IS”, “WHERE IS” AND
“WITH ALL FAULTS”BASIS AND ACKNOWLEDGES THAT (i) WITHOUT THIS
ACCEPTANCE, THIS SALE WOULD NOT BE MADE, (ii) THAT THE PURCHASE PRICE
REFLECTS THE EXISTING CONDITION OF THE PROPERTY, AND (iii) SELLER
SHALL BE UNDER NO OBLIGATION WHATSOEVER TO UNDERTAKE ANY REPAIR,
ALTERATION, REMEDIATION OR OTHER WORK OF ANY KIND WITH RESPECT TO
ANY PORTION OF THE PROPERTY.
EXCEPT AS OTHERWISE AGREED TO HEREIN, SELLER IS HEREBY
RELEASED BY BUYER AND ITS SUCCESSORS AND ASSIGNS OF AND FROM ANY
AND ALL HERETOFORE UNKNOWN RESPONSIBILITY, LIABILITY, OBLIGATIONS
AND CLAIMS, INCLUDING (1) ANY OBLIGATION TO TAKE THE PROPERTY BACK
OR REDUCE THE PRICE, OR (2) ACTIONS FOR CONTRIBUTION OR INDEMNITY,
THAT BUYER OR ITS SUCCESSORS AND ASSIGNS MAY HAVE AGAINST SELLER
OR THAT MAY ARISE IN THE FUTURE, BASED IN WHOLE OR IN PART, UPON THE
PRESENCE OF HERETOFORE UNKNOWN TOXIC OR HAZARDOUS SUBSTANCES,
MATERIALS, OR WASTES OR OTHER UNKNOWN POTENTIAL ENVIORNMENTAL
CONTAMINATES ON WITHIN OR UNDER THE SURFACE OF THE PROPERTY.
BUYER FURTHER ACKNOWDLEDGES THAT THE PROVISIONS OF THIS
ARTICLE HAVE BEEN FULLY EXPLAINED TO BUYER AND THAT BUYER FULLY
UNDERSTANDS AND ACCEPTS THE SAME. THE PROVISIONS OF THIS ARTICLE
SHALL SURVIVE CLOSING AND SHALL BE INCLUDED IN THE DEED CONVEYING
THE PROPERTY TO BUYER.
6. NON-COMPETITION AND RESTRICTED USE. Buyer, its successors and
assigns, hereby agree that no portion of the Property shall: (1) be operated as or in
support of an automobile parts store or for the sale of automobile parts, supplies and
accessories, or any combination thereof or (2) be utilized for the advertising of any of the
above purposes by any sign, billboard, banner, vehicle or other visual or audible means,
or (3) be used for any of the following: flea market or similar business; adult
entertainment; commercial indoor amusements; schools of any type; churches;
nightclubs; cocktail lounges; taverns; entertainment facilities; cyber cafės; undertaking
Page 159 of 185
WA9788 10
establishments; bingo games or off-track betting agencies, offices, either private or
government; car rentals, car sales or parking of vehicles offered for lease or sale;
restaurants; post offices or postal facilities; gymnasiums; spas; tanning facilities; dance
studios or health clubs; theaters, either motion picture or live; bowling alley; and skating
rink of any type shall be located upon the Property.
The clauses above shall be placed as a restriction on the Deed to be delivered by
Seller to Buyer and shall run with the land and be binding upon and inure to the benefit
and obligation of the successors and assigns of Seller and Buyer, respectively, for a time
period of twenty-nine (29) years from the date of the recording of the Deed.
7. CONDITIONS PRECEDENT TO SELLER'S PERFORMANCE. Seller's obligation
to sell the Property is subject to the satisfaction of all the conditions set forth below in
this Article 7, within the time periods specified. If any of these conditions are not
satisfied within the stated applicable time period, Seller may terminate this Agreement
and cancel the Escrow under Article 3 above. In the event Seller terminates this
Agreement pursuant to this Article or because Buyer is otherwise in breach of this
Agreement, the Escrow Deposit shall be distributed to Seller as liquidated damages
pursuant to Article 3.1 hereinabove. Seller may waive, in writing, any or all the
conditions, in whole or in part, without prior notice to Buyer.
A. Delivery Of Documents. Buyer shall have executed, acknowledged (if
required) and delivered all monies, documents and instruments to Escrow Holder, as
required in this Agreement.
B. Approvals By Buyer. Buyer shall have, on a timely basis approved or
waived the conditions to Buyer's performance, as described in Article 4 above.
C. Survey of the Property. Buyer shall have provided Seller with the
survey and legal description(s) required pursuant to Article 1.2 hereinabove and said
survey and legal description(s) have been approved, in writing, by Seller. If the survey
discloses any matters that in Seller’s sole opinion would be detrimental to Seller’s
Remaining Property were the Property to be transferred pursuant to this Agreement,
Seller may, at Seller’s option, terminate this Agreement. If Seller does not terminate the
Agreement, Buyer shall, at Closing, for the benefit of Seller’s Remaining Property, grant
to Seller an easement or enter into an agreement with Seller, the terms of which must
have been approved by Seller, to ensure that the matter disclosed no longer would be
Page 160 of 185
WA9788 11
detrimental to Seller’s Remaining Property, if the Property were transferred pursuant to
this Agreement.
8. CLOSING OF ESCROW.
A. Demands. Escrow Holder is hereby authorized and instructed to obtain
demands for payment of any recorded liens against the Property and, after approval of
such demands by Seller (which approval shall not be unreasonably withheld), to pay
such demands and secure the release of such liens at the Closing out of the funds
deposited into Escrow by Seller or Buyer.
B. Allocation Of Costs And Expenses. The expenses of Escrow Holder and
costs and expenses of consummating the transaction contemplated in this Agreement
shall be paid in the following manner:
1. By Buyer. Buyer shall pay for (a) the cost of Owner's Policy of Title
Insurance referred to in Article 8(F) below; (b) the cost of recording the Deed to Buyer,
including Revenue Stamps and/or any transfer tax, if applicable; (c) any and all costs
associated with the cost of recording any documents concerning Buyer's financing, if
any; (d) real property taxes, assessments and personal property taxes, if any, shall be
prorated as of the date of Closing based upon the latest available tax information and
(e) Escrow Holder's fee and/or any Closing fee(s).
2. By Seller. Seller shall pay (a) all costs associated with Seller's tax-
deferred exchange transaction, if any; (b) any other expense associated with the Property
to the date of Closing; (c) the proration of real property taxes, assessments and personal
property taxes, if any, with respect to the Property based upon the latest available tax
information; (d) the cost of removal of any liens caused by Seller; (e) the cost of deed
preparation and (f) a real estate commission payable to City Contract Realtor, Rob
Ellsworth, SVN-Retter and Co. according to a separate agreement.
3. Any other costs or expenses shall be allocated between and charged
to Buyer and Seller in accordance with Escrow Holder's usual practices.
4. If any errors or omissions are made regarding adjustments and
prorations as aforesaid, the parties shall make the appropriate corrections promptly
upon the discovery thereof. If any estimations are made at the Closing regarding
adjustments or prorations, the parties shall make the appropriate correction promptly
Page 161 of 185
WA9788 12
when accurate information becomes available. Any corrected adjustment or proration
shall be paid in cash to the party entitled thereto.
C. Allocation Of Costs If Escrow Fails To Close. In the event Escrow fails
to Close as a result of Buyer’s election to terminate the Agreement or because Buyer
fails to comply with its obligations hereunder, the cost of the Commitment and any
Escrow cancellation charges shall be paid by Buyer. In the event Escrow fails to Close
because of failure of Seller to comply with its obligations hereunder, such costs shall be
paid by Seller. In the event Escrow shall fail to Close for any other reason, such costs
shall be divided equally between the parties.
D. Deposits By Buyer Into Escrow. At least one (1) business day prior to
the Closing, Buyer shall deposit with Escrow Holder the balance of the Purchase Price
in funds acceptable to Escrow Holder for immediate credit toward payment of the
Purchase Price, and any additional funds or documents as may be necessary to comply
with this Agreement.
E. Deposits By Seller Into Escrow. At least one (1) business day prior to
the Closing, Seller shall deposit with Escrow Holder the Deed to Buyer, duly executed,
acknowledged and in recordable form, and any additional funds or documents as may
be necessary to comply with this Agreement. Seller shall not be in default for failing to
deposit said documents one (1) business day prior to Closing if Escrow Holder fails to
provide said documents to Seller, for Seller’s review, at least three (3) business days
prior to Closing. If Escrow Holder fails to provide said documents to Seller at least three
(3) business days prior to the Closing, Seller shall, within a reasonable time after receipt
of such documents, review, execute and return the documents to Escrow Holder and
this Agreement shall be automatically extended to allow Seller three (3) business days,
after receipt of such documents, to review, execute and return the documents to Escrow
Holder.
F. Policy Of Title Insurance. At the Closing, Escrow Holder shall deliver to
Buyer a Policy of Title Insurance in the amount of the Purchase Price insuring title
vested in Buyer, free of encumbrances, except:
1. All non-delinquent general and special real property taxes and
assessments.
2. Easements, encumbrances, covenants, conditions, restrictions,
reservations, rights-of-way and other matters of record or that would be shown by a
Page 162 of 185
WA9788 13
current and accurate survey of the Property of whatever kind or nature, including, but
not limited to, those matters relating to utility lines, roads, sewers, rights of surface
entry, and the zoning and use regulations of any municipal, county or state agency or
body affecting the Property, as shown on the Commitment approved by Buyer. Buyer
may, at Buyer's cost, arrange for such additional title insurance coverage as is available
under applicable State and local underwriting requirements and practice.
G. Disbursement And Other Actions By Escrow Holder. Upon the
Closing, Escrow Holder shall promptly undertake all of the following in the manner
herein below indicated:
1. Cause the Deed and any other instruments which the parties so direct
to be recorded in the official records of the County and State governing the Property.
2. Disburse all funds deposited with Escrow Holder by Buyer in payment
of the Purchase Price for the Property as follows:
a) Deduct therefrom all items chargeable to the account of Seller
pursuant hereto;
b) The remaining balance of the funds so deposited by or for the
account of Buyer shall be disbursed to Seller promptly upon the Closing.
3. Deliver the Policy of Title Insurance to Buyer.
9. REPRESENTATIONS AND WARRANTIES OF SELLER. Seller hereby represents
and warrants to Buyer:
A. Seller is duly organized, validly existing and in good standing in the State
of its formation, and has all requisite power and authority to own and sell property and
conduct business in the State where the Property is located, and each individual
executing this Agreement on behalf of Seller represents and warrants that he/she is
duly authorized to execute and deliver this Agreement on behalf of Seller.
B. To the best of the actual knowledge of Seller's Excess Properties
Department, without investigation, no notices of any violation relating to the Property
or its use have been received by Seller; there are no writs, injunctions, decrees, orders
or judgments outstanding and there are no lawsuits, claims, proceedings or
investigations pending or threatened relating to the ownership, use, maintenance or
operation of the Property; nor, to the best knowledge of Seller, are there any bases for
such lawsuits, claims, proceedings or investigations being instituted or filed.
Page 163 of 185
WA9788 14
10. REPRESENTATIONS AND WARRANTIES OF BUYER. Buyer hereby represents
and warrants to Seller:
A. Buyer is duly organized, validly existing, in good standing in the State of its
formation, and has all requisite power and authority to purchase and own property and
conduct business in the State where the Property is located, and each individual
executing this Agreement on behalf of Buyer represents and warrants that he/she is
duly authorized to execute and deliver this Agreement on behalf of Buyer.
B. In addition to any other representations and warranties contained in this
Agreement, Buyer represents and warrants that in making its decision to purchase the
Property, Buyer represents that it has relied and will rely solely upon its own
independent investigation of the Property, Seller's specific representations and
warranties contained in this Agreement and the Commitment, and is not relying on any
statement or act or omission of Seller, its attorneys, employees, agents or
representatives, except as specifically set forth in this Agreement.
C. EXCEPT AS EXPRESSLY SET FORTH HEREIN, SELLER SHALL HAVE NO
LIABILITY TO BUYER, AND BUYER SHALL RELEASE SELLER FROM ALL RISKS
AND LIABILITY (INCLUDING CONTRACTURAL AND/OR STATUTORY ACTIONS FOR
CONTRIBUTION OR INDEMNITY), FOR, CONCERNING, OR REGARDING (1) THE
NATURE AND CONDITION OF THE PROPERTY, INCLUDING, BUT NOT LIMITED TO,
THE SUITABILITY THEREOF FOR ANY ACTIVITY OR USE; (2) ANY
IMPROVEMENTS OR SUBSTANCES LOCATED THEREON; OR (3) THE COMPLIANCE
OF THE PROPERTY WITH ANY LAWS, RULES ORDIANCES, OR REGULATIONS OF
ANY GOVERNMENT OR OTHER BODY . THE FOREGOING INCLUDES A RELEASE
OF SELLER FROM CLAIMS BASED ON SELLER’S NEGLIGENCE IN WHOLE OR IN
PART AND CLAIMS BASED ON STRICT LIABILITY. BUYER AND ITS SUCCESSORS
AND ASSIGNS HAVE, AND SHALL BE DEEMED TO HAVE ASSUMED ALL RISK AND
LIABILITY WITH RESPECT TO PRESENCE OR REMEDIATION OF ALL UNKNOWN
TOXIC OR HAZARDOUS SUBSTANCES, MATERIALS, OR WASTES OR OTHER
ACTUAL OR POTENTIAL ENVIRONMENTAL CONTAMINATES ON, WITHIN OR
UNDER THE SURFACE OF THE PROPERTY, INCLUDING BOTH KNOWN OR
UNKNOWN, APPARENT, NON-APPARENT OR LATENT, AND WHETHER EXISTING
PRIOR TO, AT, OR SUBSEQUENT TO, TRANSFER OF THE PROPERTY.
Page 164 of 185
WA9788 15
11. TAX CERTIFICATION. Section 1455 of the Internal Revenue Code provides that
the transferee of a United States real property interest must deduct and withhold a tax
based on the amount realized by the transferor on the disposition, if the transferor is a
foreign person. Seller is not a foreign person, and the "FIRPTA" certification will be
provided to Escrow Holder by Buyer at Closing.
12. INTENTIONALLY OMITTED.
13. NOTICES. All notices or demands required or permitted to be given or served
pursuant to this Lease shall be deemed to have been given or served only if in writing,
postage and/or delivery fees pre-paid and shall be sent by U.S.P.S. Certified Mail,
Return Receipt Requested or via a nationally recognized overnight (or 2-day) delivery
service that customarily maintains a record of delivery (e.g. FedEx or UPS), which
notices and demands shall be deemed served when delivered (or when delivery is first
attempted and refused), and which notices and demands shall be forwarded to the
following addresses:
Seller: Buyer:
AutoZone Parts, Inc. City of Pasco, WA
c/o AutoZone, Dept 8700 Dave Zabell, City Manager
123 S. Front Street 525 N. 3rd Ave, Pasco, WA
Escrow Holder
First American Title Insurance Company
Attn: Diane Tisch
10355 Citation Drive
Suite 100
Brighton, MI 48116
Phone: 810.220.7529
The above addresses and information may be changed from time to time by
written notice to the other parties in the manner provided herein.
14. MISCELLANEOUS.
Page 165 of 185
WA9788 16
A. Time is of the essence as to each and every provision of this Agreement.
B. This Agreement contains the entire agreement between the parties hereto
with respect to the matters covered herein and may be amended only by evidence of
written documentation signed by both Buyer and Seller prior to its submittal to any
third party or entity for purposes of implementation, change or effect.
C. Each party will, whenever and as often as it shall be required by the other
party, execute, acknowledge and deliver such further instructions as may be reasonably
requested in order to complete the sale, conveyance and transfer herein provided for,
and to do any and all other acts and to execute, acknowledge and deliver to Escrow
Holder any and all documents as may be reasonably requested in order to carry out the
intent and purposes of this Agreement.
D. Buyer may not assign its rights or delegate its obligations under this
Agreement unless the assigned is approved, in writing, by Seller prior to the perfection
of such assignment. If an assignment is approved by Seller, this Agreement shall be
binding on and inure to the benefit of the heirs, successors and assigns of the parties
hereto. Notwithstanding any assignment or purported assignment hereunder, Buyer
agrees that it shall remain bound to all warranties, representations, indemnifications
and obligations agreed to herein and that the assignment shall in no way release Buyer
from its representations and warranties contained in this Agreement.
E. Should any part, term or provision of this Agreement, or any document
dealing with any entity set forth within this Agreement and required herein to be
executed or delivered at the Closing be declared invalid, void or unenforceable, all
remaining parts, terms and provisions hereof shall remain in full force and effect and
shall in no way be invalidated, impaired or otherwise affected thereby.
F. The prevailing party in any action instituted to enforce or interpret any
provision of this Agreement shall be entitled to all fees, expenses and costs, including
reasonable attorney fees as fixed by the Court.
G. This Agreement shall be construed in accordance and interpreted,
governed and enforced under and according to the laws of the State in which the
Property is located.
H. No representations, promises, conditions or warranties with reference to
the execution of this Agreement have been made or entered into between the parties
Page 166 of 185
WA9788 17
hereto other than as herein expressly provided, and except to the extent that express
warranties are contained herein.
I. Buyer shall be entitled to possession of the Property at the Closing.
Possession shall be delivered outside of Escrow, and Escrow Holder shall incur no
liability with respect thereto.
J. If the Property or the improvements thereto is partially or totally destroyed,
or becomes the subject matter of a taking under the power of eminent domain by any
governmental agency prior to the Closing, Buyer shall have the option to terminate this
Agreement and cancel the Escrow in accordance with Article 3 above, or proceed with
this transaction and be entitled to receive from Seller an assignment of the proceeds, if
any, of any insurance policy coverage and other claims related to damage to the
Property.
K. In addition, the parties hereby agree that each party and its attorneys
have reviewed and revised this Agreement and that the normal rule of construction, to
the effect that any ambiguities are resolved against the drafting party, shall not be
employed in the interpretation of this Agreement and no other rule of strict construction
shall be used against any party. All exhibits and schedules attached or to be attached
hereto, and all other agreements and instruments referred to herein, are hereby
incorporated herein by reference, as fully as if copied herein verbatim.
L. Each party represents that it has the legal power, right and authority to
enter into this Agreement and the instruments referenced herein, and to consummate
this transaction.
15. SURFACE DRAINAGE RIGHTS. Seller shall retain the right to the drainage of
any surface water that currently drains onto or through the Property. Buyer agrees that
it will abide by all city codes and regulations relating to drainage and all requirements
for water retention regarding the development of this Property. These provisions shall
survive the Closing and shall be included in the Deed or other appropriate documents
to be recorded at Closing.
16. INTENTIONALLY OMITTED.
17. NO ACCESS. Buyer understands that it shall NOT have access to any of Seller’s
Remaining Property.
Page 167 of 185
WA9788 18
18. ACCEPTANCE DATE. If this Agreement is not fully executed by Buyer and
returned to Seller on or before sixty (60) days after execution of this agreement then this
Agreement shall be, at the sole option of Seller, terminated and cancelled in all respects,
and neither party shall have any liability to the other.
19. COUNTERPARTS AND ELECTRONIC SIGNATURES. This Agreement may be
executed in counterparts, each of which will be deemed an original, but all of which
together will constitute one and the same instrument. Signature pages may be executed
via “wet” signature or electronic mark and the executed signature pages may be
delivered using pdf or similar file type transmitted via electronic mail, cloud-based
server, e-signature technology or other similar electronic means.
IN WITNESS WHEREOF, the parties hereby have executed this Agreement on
the day and year set forth below their signatures.
Buyer: Seller:
The City of Pasco, Washington, AutoZone Parts, Inc.,
a Municipal corporation a Nevada corporation
By:___________________________ By:
Title: City Manager Title:
By:
Title:__________________________________
Page 168 of 185
WA9788 19
EXHIBIT A
Insert site plan showing Property and Seller’s Remaining Property
Page 169 of 185
WA9788 20
EXHIBIT B
Insert legal description
Page 170 of 185
N CAPITOL AVEE KARTCHNER STE HILLSBORO RD331' - 6"320' - 0"202' - 7"SITE AREA92, 588 SF2.125 ACRESFIRE STATION3 APPARATUS BAYSSTATION LAYOUT BASED ON FIRE STATION 839,730 GROSS SFSITE12 CREW PARKING SPOTS5 PUBLIC PARKING SPOTS (INLCUDING 1 ADA)76'
-
0"60'
-
0"1/28/2020PASCO FIRE STATIONCONTEXT PLANScale: 1" = 200'-0"1SITE PLAN CONTEXT PLAN0400'200'Page 171 of 185
Market Valuation | AutoZone Site
Acres SF Price $/sf Closing Date Notes
Subject Property
2.125 92,565 $ 255,000 $ 2.75
3335 Travel Plaza
1.69 73,750 $ 340,000 $ 4.61 1.10.20 Site was fenced &
graded.
3451 Travel Plaza
1.47 64,033 $ 221,067 $ 3.45 9.10.19 Bare Ground
tbd Travel Plaza
6.21 270,508 $ 946,777 $ 3.50 9.10.19 Bare Ground
Industrial & Kartchner
2.59 112,817 $ 430,000 $ 3.81 12.20.19 Bare Ground
Industrial Way
15.83 689,457 $ 2,413,442 $ 3.50 3.26.20 Bare Ground
Average $/SF $ 3.77
Rob Ellsworth | CCIM
Senior Advisor
509.430.2378
Rob@RobEllsworth.comPage 172 of 185
Proclamation
“Community Risk Reduction Week”
January 18 – January 24, 2021
WHEREAS, Pasco Fire Department responded to 30 structure fires in 2020; and
WHEREAS, the Fire Department responds to a growing number of medical calls for service,
surpassing 80% of total call volume; and
WHEREAS, Community Risk Reduction is a data-informed process to identify and prioritize local
risks, followed by integrated and strategic investment of resources to reduce their occurrence and impact;
and
WHEREAS, the value of community support from local, state, and national partners to address
community risks is recognized to meet the demands on the fire service; and
WHEREAS, Whereas, the goal of Community Risk Reduction is to reduce the occurrence and impact
of emergency events for both community members and emergency responders through deliberate action in
the areas of the five E’s of Education, Engineering, Enforcement, Emergency response, and Economic
incentive; and
Whereas, most fire-related and many medical calls for service are preventable, with the five E’s
performed as part of an integrated Community Risk Reduction program; and
Whereas, Monday, January 18, 2021 is Martin Luther King Day and is nationally recognized as a
National Day of Service and an opportunity for communities to reduce the risk in their community through
a series of educational and other programs.
NOW, THEREFORE, I, Saul Martinez, Mayor of the City of Pasco, Washington, do hereby proclaim
January 18th through January 24th as:
“Community Risk Reduction Week”
IN WITNESS WHEREOF, I have hereunto set my hand and caused the Official Seal of the City of
Pasco, State of Washington, to be affixed this 18th day of January, 2021.
Saul Martinez, Mayor
City of Pasco
Page 173 of 185
AGENDA REPORT
FOR: City Council January 6, 2021
TO: Dave Zabell, City Manager Remote Regular Meeting:
1/19/21
FROM: Steve Worley, Director
Public Works
SUBJECT: *Resolution - Project Acceptance: Pearl Street Lift Station
I. REFERENCE(S):
Resolution
PowerPoint Presentation
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: work accepting ______, No. to approve move I Resolution
performed by C&E Trenching, LLC., under contract for the Pearl Street Lift
Station Project.
III. FISCAL IMPACT:
See below.
IV. HISTORY AND FACTS BRIEF:
The project bid was awarded to C&E Trenching, LLC out of Pasco, WA on
March 2, 2020 in the amount of $982,721.40 by Council action. The project is
complete and constructed per specifications. Final construction costs were
$982,922.31, which includes sales tax $77,837.31 and one change order in the
amount of $200.91.
Aside from enhancing transparency on the activities of the City, and publicly
acknowledging the completion of significant capital projects undertaken by the
City, formal acceptance of public works projects are required by State law
which initiates the 45-day period within which an outside vendor, supplier or
laborer would have an opportunity to file a claim against this project pursuant to
RCW 60.28.011 (2). Upon completion of the 45 day lien filing period, retainage
being held by the City is released upon receipts of the following:
Page 174 of 185
• An affidavit of no liens
• A release from the Department of Revenue that all taxes have been paid
• A release from any claims from the Department of Labor and Industries,
pursuant to RCW 60.28.051
V. DISCUSSION:
Staff recommends the City Council's acceptance of the Pearl Street Lift Station
as constructed by C&E Trenching, LLC.
Page 175 of 185
Resolution - 1
RESOLUTION NO. ________
A RESOLUTION ACCEPTING WORK PERFORMED BY C&E TRENCHING,
LLC., UNDER CONTRACT FOR PROJECT NO. 15002, PEARL STREET LIFT
STATION.
WHEREAS, the work performed by C&E Trenching, LLC., under contract for the Pearl
Street Lift Station has been examined by City of Pasco Engineering Division and has been found
to be in apparent compliance with the applicable project specifications and drawings, and
WHEREAS, it is the Engineering Division’s recommendation that the City of Pasco
formally accept the contractor's work and the project as complete.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF PASCO, WASHINGTON:
That the City Council concurs with the Engineering Division’s recommendation and
thereby accepts the work performed by C&E Trenching, LLC., under contract for the Pearl Street
Lift Station as being completed in apparent compliance with the project specifications and
drawings, and
Be It Further Resolved, that the City Clerk is hereby directed to notify the Washington
State Department of Revenue of this acceptance, and
Be It Further Resolved, that the final payment of retainage being withheld pursuant to
applicable laws, regulations and administrative determination shall be released upon satisfaction
of same and verification thereof by the Public Works Director and Finance Director.
PASSED by the City Council of the City of Pasco, Washington this day of ,
.
Saul Martinez
Mayor
ATTEST: APPROVED AS TO FORM:
_____________________________ ___________________________
Debra Barham, CMC Kerr Ferguson Law, PLLC
City Clerk City Attorneys
Page 176 of 185
Pasco City Council Regular
Meeting
January 19, 2021Page 177 of 185
Pearl Street Lift Station Replacement
Project Plan View
Page 178 of 185
Pearl Street Lift Station Replacement
Project -Before Page 179 of 185
Pearl Street Lift Station Replacement
Project –In progress
Page 180 of 185
Pearl Street Lift Station Replacement
Project -Completed
Page 181 of 185
Change Order Details
Change Order #1: $200.91 or .002% of total contract.
•Original plans stated to rework the channels in the existing manhole and once
we were able to inspect it with no sewerage flows, we were able to see it was in
good shape. The only appurtenance that needed replacing was the top cone, lid
and frame.
Total Project Cost $982,922.31Page 182 of 185
Questions?Page 183 of 185
AGENDA REPORT
FOR: City Council January 13, 2021
TO: Dave Zabell, City Manager Remote Regular Meeting:
1/19/21
FROM: Dave Zabell, City Manager
Executive
SUBJECT: Performance of a City Official
I. REFERENCE(S):
City of Pasco City Manager Evaluation 2019/2020 Final Report
II. ACTION REQUESTED OF COUNCIL / STAFF RECOMMENDATIONS:
MOTION: I move to accept the final report by Kenbrio Inc. reflecting the City
Council's corporate view of the City Manager's performanc e for the period June
2019 - June 2020.
III. FISCAL IMPACT:
IV. HISTORY AND FACTS BRIEF:
The City Council has completed its annual performance review of the City
Manager, which was facilitated by David Mercier of the Kenbrio Company. The
review allowed for comment and ratings in key performance areas by individual
Councilmembers through one-on-one interviews of each Councilmember with
the facilitator, and a legally advertised executive session with the City Manager
to discuss his performance. The attached document, prepared by Mr. Mercier
at the direction of Council, serves as Council's corporate view of the manager's
performance and reflects the major points of the evaluation.
V. DISCUSSION:
Acceptance of the performance assessment reflecting the City Council's
collective view of the City Manager's performance closes the loop and provides
transparency to the process. Council to consider accepting the assessment
document as prepared by the facilitator and discuss as appropriate.
Page 184 of 185
November 14, 2020
Mr. David Zabell, City Manager
City of Pasco
525 N.3rd Avenue
Pasco, WA 99301
Subject: City of Pasco City Manager Evaluation 2019/2020 – Final Report
Dear Mr. Zabell and City Council,
It has been my pleasure to again serve the City of Pasco by assisting the City Council in the
evaluation of the City Manager. The formal evaluation is guided by the City Manager’s
employment contract. This required evaluation provides an opportunity to examine the
perceptions and conclusions of the City Council about the City Manager’s performance with
regard to progress in the attainment of goals identified by the City Council and to additionally
consider other elements of managerial practice for advisory purposes.
The evaluation was accomplished using the six-step process prescribed in the Letter of
Engagement with the facilitator
Conclusion
Based on a review of the City Manager’s activities, attributes and initiatives, the City Council
indicated their appreciation of the City Manager’s professionalism, honesty, dependability and
his ability to connect with people and interface well with the community.
Looking toward the future the Council enlisted the City Manager’s efforts to delegate more
citizen responses to appropriate staff rather than himself, to refine a succession plan with Council
input along with the development of the ACM, to rely on expeditious due process procedures
regarding staff issues, to work more closely with the city developers and contractors to ensure
everyone is provided good customer service with responsiveness and a common sense approach
to development as well as making the development process more understandable to the average
citizen.
Respectfully submitted,
Dave Mercier, ICMA-CM
Evaluation Facilitator
Page 185 of 185