FINAL 2023 1212 Council Agenda PacketMoses Lake City Council
Don Myers, Mayor | Deanna Martinez, Deputy Mayor | Dustin Swartz, Council Member | Mark Fancher, Council Member
David Eck, Council Member| Judy Madewell, Council Member| David Skaug, Council Member
Tuesday, December 12, 2023
Moses Lake Civic Center – 401 S. Balsam or remote access*
Regular Meeting Agenda
Call to Order – 6:30 p.m.
Roll Call
Pledge of Allegiance
Approval of the Agenda
Citizen’s Communications **
Summary Reports:
Mayor’s Report
-Reappoint Lodging Tax, Parks, Planning, and Grant Transit Board Members
-Appointments for Lodging Tax Board and alternate to Grant Transit Authority
-Council Member Eck Recognition Plaque
Additional Business
City Manager’s Report
- Mayor Myers Recognition Plaque
-Community Development Staff New Hire Introductions
#1 Consent Agenda pg 3 Motion
All items listed below are considered to be routine and will be enacted by one motion. There will be
no separate discussion of these items unless a Council Member requests specific items to be removed
from the Consent Agenda for discussion prior to the time Council votes on the motion to adopt the
Consent Agenda.
a.Claims and Payroll
b.Tactical Response Team Interlocal Agreement
c.Accept Maple Drive Water Main Emergency Repair
d.Interlocal Agreement Yarely Play Funding
e.Accept Longview and Kinder Reconstruction Project
f.Transportation Benefit District Projects Update COML Council Packet 12-12-23, Page 1 of 66
December 12, 2023, City Council Meeting Page 2 ____________________________
Old Business
#2
Motion
pg 42
Transportation Benefit District Sales Tax Ordinance 3041
Presented by Kevin Fuhr, City Manager
Summary: Council to review and consider adoption
New Business
#3
Motion
pg 47
Amend MLMC 13.12, Water, Sewer, and Stormwater Rates Ordinance 3042
Presented by Jessica Cole, Utility Services Manager
Summary: Council to review and consider adoption
Administrative Reports
Council Committee Reports
Adjournment
Next Regular Council Meeting is scheduled for January 9, 2024
NOTICE: Individuals planning to attend the in-person meeting who require an interpreter or special
assistance to accommodate physical, hearing, or other impairments, need to contact the City Clerk
at (509) 764-3703 or Deputy City Clerk at (509) 764-3713 at least 24 hours in advance of the meeting.
*Click this link for remote speaker request forms which must be completed by 3 p.m. on the day of the
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YouTube Live Option: https://www.youtube.com/@MosesLakeCityCouncil/streams
** In person Citizen Comment form needs to be turned in prior to start of each meeting. The 5-minute time per
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COML Council Packet 12-12-23, Page 2 of 66
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Kevin Fuhr, City Manager 13472
Wendy Parks Finance
12/12/2023 Consent Agenda
Disbursement Report since November 28, 2023
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
1,854,875.16$1,854,875.16$0.00$
Approve payment of claims as presented.
The following amounts were budgeted, and sufficient funds were available to cover these payments.
Electronic Transfer: 313-315 - $584,234.27
Checks: 163207 - 163352 - $638,689.56
Payroll Checks: 11-24-2023 PR, #65965 - 65978 - $7,664.64
Electronic Payments: 11-24-2023 Direct Deposit: - $624,286.69
Tabulation of Claims 12.14.23 Council Report.pdf 230.08KB
COML Council Packet 12-12-23, Page 3 of 66
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
RCW 42.24 governs the process for audit and review of claims and payroll payments for the City. RCW
42.24.180 requires the review and approval of all payments at a regularly scheduled public meeting on at least a
monthly basis. The State Budgeting , Accounting and Reporting Systems (BARS) Manual outlines the above
format for approval by the City Council.
RCW 42.24.080 requires that all claims presented against the City by persons furnishing materials, rendering
services or performing labor must be certified by the appropriate official to ensure that the materials have been
furnished, the services rendered, or the labor performed as described and that the claims are just, due and
unpaid obligations against the City.
RRCW 42.24.180 allows expedited processing of the payment of claims when certain conditions have been met.
The statute allows the issuance of warrants or checks in payment of claims before the legislative body has acted
to approve the claims when: (1) the appropriate officers have furnished official bonds; (2) the legislative body
had adopted policies that implement effective internal control; (3) the legislative body has provided for review of
the documentation supporting the claims within a month of issuance; and (4) that if claims are disapproved, they
shall be recognized as receivables and diligently pursued.
The City meets all these conditions.
To comply with the requirements, Finance staff schedule payment of claims and payroll for semi-monthly
Councilapproval on the Consent Agenda. The payments listed in the schedule cover all claims and payroll
paymentsduring the period prior to the date of the Council meeting.
All payments made during this period were found to be valid claims against the City. Details are attached
andany questions should be directed to the City Manager or Finance Director.
The City's internal controls include certification of the validity of all payments by the appropriate department prior
to submission for payment. The Finance Director has delegated authority for the examination of vouchers and
authorization of payments to the Finance, Accounts Payable, and Payroll staff. All payments are reviewed and
validated. The Finance Division regularly reviews it processes to ensure appropriate internal controls are in
place.
Options and Results
Approve
N/A
Staff would recognize claims as receivables and pursue collections.
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Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
Kevin Fuhr, City Manager 13398
Dave Sands, Police Chief Police
12/12/2023 Consent Agenda
Regional Tactical Response Team Interlocal Agreement
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
0.00$0.00$0.00$
Approve the implementation of the Moses Lake Regional Tactical Response Team Interlocal Agreement (ILA).
FINAL TRT 2023 Quincy Dec 8.v2.pdf 793.41KB
The Moses Lake Police Department has been the host agency for the tactical response team since its inception
in 2000. The team has consisted various agencies over the years and is currently comprised of members from
the Adams County SO, Grant County SO, Moses Lake Police Department, and Quincy Police Department.
These agencies dedicate personnel and equipment for training and responding to the most significant calls
officers face. These calls range from high risk search warrants to barricaded armed subjects.
We have been operating under an ILA that no longer covers applicable laws, best practices, and is generally
grossly outdated. The proposed ILA has gone through extensive legal reviews by attorneys from the member
agencies, as well as our insurance carrier Washington Cities Insurance Authority.
None, other than already budgeted item.
Options and Results
The TRT ILA will be executed to replace prior agreement.
Staff will bring back options for recommended changes.
COML Council Packet 12-12-23, Page 9 of 66
No Action Taken:
The MLTRT will be operating under an ILA that creates substantial civil liabilities for the member agencies. The
presumption is the team will not be able to exist as it is currently organized.
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INTERLOCAL AGREEMENT MOSES LAKE REGIONAL TACTICAL RESPONSE
TEAM
I.PARTIES
This First Amended and Restated Agreement (“Agreement”) is made and entered into in the State of Washington pursuant to the provisions of Chapter 39.34 of the Revised Code of
Washington by and among the participating jurisdictions listed Section XV of this Agreement. The participating jurisdictions are sometimes individually referred to as “Member” or “party”, or collectively as “Members” or “parties.”
The parties entered into a previous agreement where the initial term of the previous agreement ran through December 31, 2022, and then was automatically extended for consecutive 1-year terms. The parties agree that this previous agreement shall be terminated as of the effective date of this Agreement.
II.AUTHORITY
This Agreement is entered into pursuant to Chapters 10.93 and 39.34 of the Revised Code of Washington.
III. PURPOSE
The parties hereto desire to establish and maintain a multi-jurisdictional Special Weapons and Tactics (“SWAT”) Team to effectively respond to high-risk criminal incidents.
IV.FORMATION
There is hereby created a multi-jurisdictional SWAT Team to be hereafter known as the
"Moses Lake Regional Tactical Response Team" ("TRT”); the Members of which shall consist of participating jurisdictions are listed Section XV of this Agreement. The TRT has been in existence for more than 20 years, and this Agreement is being entered to formalize the relationship of the Members and procedures for the TRT. The future admission of a jurisdiction as a Member of the TRT may be accomplished by an addendum to this
Agreement. The addendum must comply with Section XVII of this Agreement and the newly admitted Member must agree to be bound to and comply with all the terms and conditions of this Agreement, and the addendum must be posted or recorded as provided in Section VII(A) of this Agreement.
V.STATEM. EN. T OF THE ISSUE.
The municipalities within the Grant and Adams County areas have experienced increasingly violent criminal confrontations due to, among other reasons, increased gang activity; increased drug abuse, distribution and manufacturing; increased urbanization; and increased population densities. There are also requests for high-risk warrant service, high
risk vehicle stops, security and surveillance in unique situations from local, state and federal
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law enforcement agencies outside of the area who are investigating crimes within Grant and Adams Counties, that due to their nature, should be conducted by the TRT. The ability to safely control, contain, and resolve high risk criminal incidents such as civil disobedience, barricaded subjects, hostage situations, gang member arrests, high-risk felony arrests, and
narcotic or high-risk search warrants has strained the resources of the Members.
Law enforcement efforts directed at dealing with these high-risk criminal incidents have for the most part, been conducted by law enforcement agencies working independently. A multi-
jurisdictional effort to handle specific high-risk criminal incidents, as well as incidents involving weapons of mass destruction, results in more effective pooling of personnel, improved utilization of municipal and county funds, reduced duplication of equipment, improved training, development of specialized expertise, and increased utilization or application of a combined special response team. This results in improved services for the
citizens of all the Members, increased safety for officers and the community, and improved cost effectiveness.
VI.TRT OBJECTIVES
The TRT shall service each Member’s jurisdiction and may also be available to outside law enforcement agencies as provided by Chapter 10.93 of the Revised Code of Washington.
The objective of the TRT is to respond to specific high-risk criminal incidents in a manner
that provides for the effective use of personnel, equipment, funds, and training. The TRT may respond as requested by any local, state, or federal law enforcement agency and provide a coordinated response to high-risk criminal incidents. As special needs arise, it may be necessary to request from other law enforcement agencies assistance and/or personnel,
at the discretion of the TRT Incident Commander and/or the TRT Tactical Commander.
VII.EFFECTIVE DATE, DURATION AND TERMINATION
A.Effective Date and Duration
The effective date of this Agreement shall be the date that all Members have signed theAgreement; provided that pursuant to RCW 39.34.040, this Agreement shall be postedand listed by subject on each Member’s website prior to the Agreement becoming
effective; or in the alternative to posting the Agreement may be recorded with the countyauditors for each county where a Member is located. The initial term of this Agreementshall run through December 31, 2024. This Agreement shall automatically extend forconsecutive one (1) year terms from January 1st to December 31st without action of the
legislative bodies of the Members, until December 31, 2029, unless terminated pursuantto the terms of this Agreement.
B.Voluntary Termination of Participation by a Member
A Member may terminate its participation in the TRT by providing written notice of itsdesire to terminate and serving such notice upon the TRT Administrative Board. A noticeto terminate participation from the TRT shall become effective thirty days after service ofthe notice on the TRT Administrative Board unless a later effective termination date is
stated in the notice.
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In the event that a Member terminates their participation in the Agreement, but the Agreement continues to exist, then the terminating Member shall be deemed to have waived any right or title to any property owned by the TRT or to any joint funds maintained by the TRT and shall not be entitled to share in any proceeds at the time
of dissolution of the TRT.
C.Default
If any Member fails to perform any act or obligation required to be performed by itunder this Agreement, that the Member or Members to whom such performance wasdue shall deliver written notice of default to the non-performing Member, which mustinclude a description of the default. The nonperforming Member shall have thirtydays after receipt of the notice to cure the default. If the default is not of the type
that could reasonably be cured within in thirty days, then the non-performing Membershall not be in default if it commences the cure within the thirty-day period, andthereafter diligently pursues the cure to completion.
If the non-performing Member does not timely cure the default, then the TRTAdministrative Board shall have the power and authority to terminate the non-performing Member’s participation in this Agreement.
VIII.GOVERNANCE
A.Parent Agency
The initial “Parent Agency” shall be the Moses Lake Police Department (“MLPD”).
The Parent Agency shall have administrative responsibility for the TRT and shallmaintain the TRT records. The Parent Agency will bring information such as goals,expenses from non-common funds, procedures and team activity summary to theTRT Administrative Board as information only on at least a yearly basis. In the eventthat MLPD wishes to terminate its designation as the Parent Agency then MLPD shall
notify all Members in writing at least thirty days in advance of their intent to terminateas the Parent Agency. The TRT Administrative Board shall immediately hold ameeting to choose a new Parent Agency. If the new Parent Agency declines to serve,or if no new Parent Agency is chosen, then MLPD shall continue to serve as the
Parent Agency until a new Parent Agency is chosen and accepts such administrativeresponsibility.
B.TRT Administrative Board
1.The TRT created pursuant to this Agreement shall have oversight from a TRTAdministrative Board. The TRT Administrative Board shall be comprised of thechief law enforcement officer of each Member or their designee.
2.The chief law enforcement officer of the Parent Agency or their designee shallserve as the chair of the TRT Administrative Board. The TRT AdministrativeBoard shall meet no less than quarterly each year. The quarters are designatedas follows:
a.First Quarter: January – March;
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b.Second Quarter: April – June;c.Third Quarter: July – September; andd.Fourth Quarter: October – December.
Additional meetings may be called by the chair or upon the request from any Member to the chair.
3.In matters submitted to the TRT Administrative Board for a vote, each Memberwill have one vote. In the event of a tie vote, the Parent Agency shall have the
ability to cast an additional tie-breaking vote.
4.The TRT Administrative Board shall adopt rules, policies and/or procedures for itsmeetings.
5.The TRT Administrative Board shall adopt a Standard Operating Procedure(“SOP”) for the TRT.
6.No action may be taken by the TRT Administrative Board unless it is done at ameeting where a quorum is present, and notice of the meeting was provided to
the Members at least three business days prior to the meeting date except in thecase of emergency. Any action of the TRT Administrative Board shall be by asimple majority of the Members at the meeting. For purposes of this subsection,“emergency” means unforeseen circumstances beyond the control of the
Members that either: (a) Present a real, immediate threat to the properperformance of essential functions of the TRT; or (b) Will likely result in materialloss or damage to property, bodily injury, or loss of life if immediate action is nottaken.
6.The TRT Administrative Board has the authority to add a new participatingjurisdiction as a Member; provided that any new Member signs anacknowledgment that the new Member will be bound to and will comply with theterms of this Agreement.
7.The TRT Administrative Board will have oversight over annual expenses fromcommon project funds of any new program that adds cost or commitment fromMembers and is related to this Agreement. Any common project funds shall be
held and maintained by the Parent Agency in a designated fund for the TRT. TheParent Agency shall be responsible for determining the proper allocation betweenthe Members of any shared costs/expenses associated with the TRT.
C.TRT Incident Commander
1.Members may designate a ranking officer from their respective agency as a TRTIncident Commander. A TRT Incident Commander must have attended theNational Tactical Officers Association (“NTOA”) SWAT Command Decision
Making and Leadership Training, or an equivalent training, and train annually withthe TRT in scenario-based training. Each Member will strive to have at least oneranking officer from its agency designated as a TRT Incident Commander. If theassigned ranking officer fails to meet the training requirements, then that Membershall remove the officer as a designated TRT Incident Commander.
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2.At least one TRT Incident Commander will respond to TRT callouts to assist thehost agency. If more than one TRT Incident Commander responds, then the TRTIncident Commander for that incident will be designated as stated in Section X of
this Agreement. Optimally, the TRT Incident Commander will be responsible forthe entire incident with the assistance of the host agency’s ranking officer onscene.
3.If a TRT Incident Commander is not available, then the chief law enforcementofficer of the host agency shall designate a ranking officer from that or anotherlaw enforcement agency that may fill the role of TRT Incident Commander,provided that the ranking officer is in communication with the host agency’sranking officer on scene throughout the incident.
4.For purposes of this Section VIII:
a.A “host agency” means the law enforcement agency who has theprimary jurisdiction to investigate the incident.
b.A “ranking officer” means a law enforcement officer that holds the rankof Captain, an equivalent rank to Captain, or any rank higher than aCaptain.
D.TRT Tactical Commander
The Parent Agency, at its sole expense, will be responsible for providing the TRTTactical Commander, who will be responsible for the administrative management and
supervision of the TRT operations. The Tactical Commander will be responsible for:
1.Planning and management of the operational activities;
2.Assignment of Team Leaders;
3.Budgeting and/or grant preparation, requests for assistance, reporting;
4.Interviewing prospective team members and making team assignments;
5.Training schedule and activities;
6.Reviewing team member reports;
7.Providing quarterly reports to the TRT Administrative Board concerning responseincidents, training, expenditures, and equipment needs; and
8.Any other duties as assigned by the Parent Agency.
IX.OFFICERS
Each Member, in that Member’s sole discretion, shall contribute as many commissioned officers as possible to the TRT; provided that each Member shall contribute at least one
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officer to the TRT, which officer may also serve as a designated TRT Incident Commander. Members will take reasonable steps to ensure that the officer(s) it contributes to the TRT are available for call-outs and back-filling shifts when TRT team members are on-duty and at minimum staffing levels. The officers assigned to the TRT shall remain employees
of the contributing Member. The contributing Member shall be solely and exclusively responsible for the compensation and benefits for the officers it contributes to the TRT. All rights, duties, and obligations of the employer and the employee shall remain with the contributing Member. Each Member shall be responsible for ensuring compliance with all
applicable laws with regard to any officer that they assign to the TRT, including but not limited to, compliance with the provisions of any applicable employment agreements, collective bargaining agreements, and civil service rules and regulations.
X.COMMAND AND CONTROL
During activation of the TRT, MLPD shall designate the TRT Tactical Commander. The TRT Incident Commander and the TRT Team Leader(s) will be designated by the TRT Tactical Commander. The duties and procedures to be utilized by the TRT Incident Commander,
the Tactical Commander, and the Team Leader(s) shall be set forth in the standard operating procedures approved by the TRT Administrative Board. The standard operating procedures approved by the TRT Administrative Board may designate other personnel to be utilized during an incident.
XI.EQUIPMENT, TRAINING, AND BUDGET
Each Member, in that Member’s sole expense and discretion, shall acquire, update, replace, repair, maintain, and issue the equipment and supplies for the officer(s) it
contributes to the TRT. Each Member, in that Member’s sole expense and discretion, shall provide sufficient training for the officer(s) it contributes to the TRT.
The equipment, supplies, and training provided by each Member for the officer(s) it contributes to the TRT shall be at a minimum the equipment, supplies and training
required under the rules and/or policies adopted by the TRT Administrative Board.
Members shall make the officer(s) it contributes to the TRT available for reoccurring monthly training, which is scheduled annually by the TRT Tactical Commander, in
accordance with best practices and recommendations from the National Tactical Officers Association (“NTOA”), American Sniper Association (“ASA”) and the National Crisis Negotiators Association (“NCNA”).
XII. DISTIBUTION OF ASSETS UPON TERMINATION
A.Individually Owned Equipment and Supplies
Each Member shall retain sole ownership of equipment and supplies purchased
and provided to the officer(s) it contributes to the TRT. Any equipment and/orsupplies of a terminating Member that is in the possession of the other Membersshall be promptly returned to the terminating Member. Furthermore, upontermination of this Agreement any Member that is in possession of another
Member’s equipment and/or supplies shall promptly return the equipment and/orsupplies to the Member that owns such.
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B.Jointly Owned Equipment and Supplies
In the event the Members acquire any jointly owned equipment or supplies, then
upon termination of the Agreement or upon the termination of any Member’sparticipation in the Agreement that jointly owns such equipment or supplies, anyjointly owned equipment or supplies shall be divided among the Members basedupon each Members pro rata share and the asset's fair market value upon
termination. If the jointly owned equipment or supplies cannot be divided, thenownership of the equipment or supplies shall be transferred as provided for inSection XII(D).
C.Unclaimed Equipment and Supplies
If any Member’s participation in the Agreement is terminated, then that Membermust claim their equipment or supplies utilized under this Agreement within thirtydays after the date of termination. Any equipment or supplies not timely claimed
shall be deemed the property of the Member that is designated as the ParentAgency on the date of termination.
If the TRT is dissolved, then all Members must claim their respective equipmentor supplies utilized under this Agreement within thirty days prior to the date of
dissolution. Any equipment or supplies not timely claimed shall be deemed theproperty of the Member that is designated as the Parent Agency on the date ofthe TRT’s dissolution.
D.Valuation of Equipment and Supplies
The value of the equipment or supplies shall be determined by using commonlyaccepted methods of valuation. If two or more Members desire any jointly owned
equipment or supplies of such Members, then these Members are encouraged to
resolve the dispute informally amongst themselves. If the Members are unableto resolve the dispute, then a final decision shall be made by arbitration.
E.Arbitration
Any disputes related to distribution of equipment and supplies, including the valuethereof, are to be resolved through binding arbitration under the Uniform ArbitrationAct, Ch. 7.04A RCW.
XIII. LIABILITY, HOLD HARMLESS, AND INDEMNIFICATION
Each Member shall be responsible for the wrongful or negligent actions of its employees while assigned to the Tactical Response Team as their respective liability shall appear under
the laws of the State of Washington and/or Federal Law and this agreement is not intended to diminish or expand such liability.
A.To that end, each Member promises to hold harmless and release all other participatingMembers from any loss, claim or liability arising from or out of the negligent tortious
actions or inactions of its employees, officers and officials. Such liability shall be
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apportioned among the parties or other at fault persons or entities in accordance with the laws of the State of Washington.
B.Nothing herein shall be interpreted to:
1.Waive any defense arising out of RCW Title 51.
2.Limit the ability of a Member to exercise any right, defense, or remedy which a
party may have with respect to third parties or the officer(s) whose action orinaction give rise to loss, claim or liability including but not limited to an assertionthat the officer(s) was acting beyond the scope of his or her employment.
3.Cover or require indemnification or payment of any judgment against any
individual or Member for intentionally wrongful conduct outside the scope ofemployment of any individual or for any judgment for punitive damages againstany individual or Member. Payment of punitive damage awards, fines or sanctionsshall be the sole responsibility of the individual against whom said judgment is
rendered and/or his or her municipal employer, should that employer elect tomake said payment voluntarily. This agreement does not require indemnificationof any punitive damage awards or for any order imposing fines or sanctions.
C.Insurance Requirements
Each signatory agency shall carry for the duration of this Agreement general liabilityincluding coverage for police professional liability and auto liability with the following minimums:
General Liability $10,000,000.00 Auto $10,000,000.00 It is understood that each of the parties hereto may fulfill the requirements set forth in this section through either self-insurance or the duly authorized insurance pool.
The failure of any insurance carrier or self-insured pooling organization to agree to or follow the terms of this Section shall not relieve any Member from its obligations under this Section.
XIV.PROCESSING OF CLAIMS AND LAWSUITS
A.Notice
In the event a tort claim or a lawsuit is served against a Member or its employees forconduct arising out of their participation in a TRT action or operation, the Membershall promptly notify, but no later than three days after service of the tort claim orlawsuit, the other Members that the tort claim has been served or lawsuit has beenserved. Any documentation, including the tort claim or complaint, shall be promptly
provided to each Member.
B.Tender of Defense
In the event a Member has a right, pursuant to section XIII of this Agreement, to bedefended and held harmless by another Member, the Member having the right to be
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defended and held harmless shall promptly tender the defense of such claim or lawsuit to the Member that must defend and hold the other harmless.
C.Coordination of Initial Meeting
The Member that initially is served with a lawsuit shall schedule a TRT AdministrativeBoard Meeting to discuss the lawsuit, which shall be held within 10 calendar daysafter service of the lawsuit.
D.Assistance of Tactical Commander
The TRT Tactical Commander shall assist the Members in responding to a tort claimor lawsuit. The TRT Tactical Commander shall be responsible for gathering all
records relating to the TRT response. These records shall include, but are not limitedto, incident reports, notes, transcripts, photos, evidence logs, recorded statements,documents from emergency dispatch centers, and warrants from all Members in theTRT response. The Tactical Commander shall also provide a list of employees from
any Member that participated in the response and their contact information. TheTactical Commander shall deliver all copies of the records to the Members servedwith the tort claim or lawsuit promptly upon request.
E.Obtaining Release for Benefit of All Members
Prior to the resolution of any tort claim or the settlement of any lawsuit, and as acondition of payment to any claimant, the Member, including the Member’s insuranceprovider providing payment, shall obtain from the claimant a complete and total
release of liability on behalf of all Members participating in the TRT, including eachMember’s officers, employees, agents, or volunteers.
F.Compliance with Ch. 4.96 RCW and Service Requirements
Nothing in this Agreement shall be deemed a waiver by any Member of therequirements set forth in Ch. 4.96 RCW. Moreover, nothing in this Agreementshall be deemed acceptance of service of a tort claim or lawsuit, and the fact thata Member provides notice or copies of a tort claim or lawsuit to another Member
shall not be deemed adequate service of such tort claim or lawsuit in accordancewith the State or Federal Rules of Civil Procedure or the Revised Code ofWashington.
G.Good Faith
It is the intent of this Agreement that the Members act in good faith on behalf of eachother in conducting settlement negotiations on tort claims or lawsuits. Any Memberthat settles a claim or lawsuit related to their participation in a TRT action or operation
must notify all other Members of the settlement and provide the other Members acopy of settlement agreement.
XV.NOTIFICATION
Any notice provided for in this Agreement shall be serviced upon the following persons
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for each Member. Service shall be done by personal service or by certified mail, return receipt requested, with postage prepaid. If service is done by mail, service shall be deemed complete three business days after mailing.
Any Member may designate another address or person for the giving of notices by providing all the Members written notice of the new designation.
XVI.COMPLIANCE WITH THE LAW
The TRT and all its Members shall comply with all federal, state, and local laws that apply to the TRT.
XVII.ALTERATIONS
This Agreement constitutes the entire agreement between the Members regarding the TRT and supersedes any and all prior oral or written agreements between the Members regarding the TRT. This Agreement may be modified, amended, or altered
by agreement of all Members and such alteration, amendment, or modification shall be effective when reduced to writing and executed in a manner consistent with paragraph XX of this Agreement.
XVIII.RECORDS
Each Member shall maintain training records related to their officers assigned to the
Moses Lake:
City Manager City Attorney Police Chief 401 S Balsam St 401 S Balsam St 411 S Balsam St Moses Lake, WA 98837 Moses Lake, WA 98837 Moses Lake, WA 98837
Grant County:
Grant County Sheriff Grant County Prosecutor Grant County Commissioner 35 C St. NW 35 C St. NW 35 C St. NW Ephrata, WA 98823 Ephrata, WA 98823 Ephrata, WA 98823
Adams County:
Adams County Sheriff Adams County Prosecutor Adams County Commissioner 210 W Broadway 210 W Broadway 210 W Broadway Ritzville, WA 99169 Ritzville, WA 99169 Ritzville, WA 99169
Quincy:
City Mayor City Attorney Police Chief 104 B St. SW 104 B St. SW 223 1st Ave SW Quincy, WA 98848 Quincy, WA 98848 Quincy, WA 98848
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TRT for a minimum of seven (7) years or as required by the local government retention schedule, whichever is longer. A copy of these training records will be forwarded and maintained with the designated Tactical Commander. All records shall be available for full inspection and copying by each Member.
The Parent Agency shall be responsible to receive and respond to any public record request made under Ch. 42.56 RCW to the TRT or the TRT Administrative Board. Prior to the release of any TRT records to the requestor, the Parent Agency shall
provide notice of the records request to the Member that assigned the case number to the incident, if any, and shall provide that Member at least ten business days before the release of the records so that the Member has a reasonable opportunity to bring an action to prevent the release of such records. If no case number has been assigned to the incident, then the Parent Agency is under no obligation to
provide notice of the records request to any Member.
XIX. SEVERABILITY
If any part, paragraph, section, or provision of this Agreement is held to be invalidby any court of competent jurisdiction, such adjudication shall not affect the validityof any remaining section, part, or provision of this Agreement.
XX. MUNICIPAL AUTHORIZATIONS
This Agreement shall be executed on behalf of each Member by its duly authorizedrepresentative and pursuant to an appropriate resolution or ordinance of thegoverning body of each Member. This Agreement shall be deemed effective upon
the last date of execution by the last so authorized representative. This Agreementmay be executed by counterparts and be valid as if each authorized representativehad signed the original document.
XXI.GENERAL PROVISIONS
A.Governing Law and Venue
This Agreement shall be governed by and enforced in accordance with the laws of
the State of Washington. The venue for any action arising out of this Agreement shallbe in the Superior Court of the State of Washington, in and for the County of Grant.
B.Interpretation
This Agreement and each of the terms and conditions of it are deemed to have beenexplicitly negotiated by the Members, and the language in all parts of this Agreementshall, in all cases, be construed according to its fair meaning and not strictly for oragainst any of the Members hereto.
C.Assignment
This Agreement shall not be assigned, either in whole or in part, by any Member
without the express written consent of all the Members, which may be granted orwithheld in such Member’s sole discretion. Any attempt to assign this Agreement in
COML Council Packet 12-12-23, Page 21 of 66
violation hereof shall be null and void, and shall constitute a default under this Agreement.
D.No Joint Venture
Nothing contained in this Agreement shall be construed as creating any type ormanner of partnership, joint venture or other joint enterprise between the Members.
IN WITNESS HEREOF, the following parties hereto have executed this Agreement on the dates written below.
For City of Moses Lake:
City Manager, City of Moses Lake / Date City Attorney, City of Moses Lake / Date
City Clerk, City of Moses Lake / Date
For City of Quincy:
Mayor, City of Quincy / Date City Attorney, City of Quincy / Date
City Clerk, City of Quincy / Date
For Grant County:
Grant County Commissioner (Chair) / Date Grant County Prosecutor / Date
For Adams County:
Adams County Commissioner (Chair) / Date Adams County Sheriff/ Date
COML Council Packet 12-12-23, Page 22 of 66
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Kevin Fuhr, City Manager 13409
Brian Baltzell Public Works
12/12/2023 Consent Agenda
Accept Maple Drive Water Main Emergency Repair (GC2023-183)
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
0.00$0.00$0.00$
City staff recommends that City Council formally accept the Maple Drive Water Main Emergency Repair Project
(GC2023-183).
GC2023-183 Maple Drive Water Main Emergency Repair Final Pay
Estimate Signed.pdf 907.41KB
On Monday October 30, 2023, a 14-inch diameter C-905 water main failed in Maple Drive NE, between Grape
Drive NE and Hemlock Road. The City Water Department acted quickly to locate the water main break and
repair the pipe. However, the water flowing from the water main break had already undermined and damaged
asphalt roadway, concrete sidewalk, curb, gutter and driveway in the immediate area.
The City Manager declared the situation an emergency. The Public Works Department was authorized to
dispense with statutory bid requirements and to secure the services of a contractor to complete the repairs to
the roadway, sidewalk, curb, gutter and driveway. On November 14th, 2023, City Council ratified the City
Manager's emergency declaration.
On November 2, 2023, city staff awarded the repair contract for the quoted price of $96,136.83. The final cost
for the repair construction contract is $92,295.46 due to small variations in the actual quantities completed for
certain contract line items.
The work for the repair project is now complete. It has been inspected by city staff and has been determined to
be ready for formal acceptance by City Council.
Upon acceptance, the City will enter into the 60-day lien period required by Washington State Law.COML Council Packet 12-12-23, Page 23 of 66
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
Options and Results
City staff will send a Notification of Acceptance Letter to the contractor and the 60-day lien period will begin.
Staff will review the amended direction and provide options for recommended changes.
The project will not be formally accepted at this time.
COML Council Packet 12-12-23, Page 24 of 66
11/28/2023
COML Council Packet 12-12-23, Page 25 of 66
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Kevin Fuhr, City Manager 13428
Brian Baltzell, Director Public Works
12/12/2023 Consent Agenda
Interlocal Agreement Conservation District Yarely Play Funding
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
1,500.00$1,500.00$0.00$
Staff recommends City Council authorize the Interlocal Agreement as presented.
Yarely Funding Request.pdf 252.08KB
ILA_CoML_CBCD_Final.pdf 73.44KB
Yarely Funding Invoice.pdf 68.64KB
COML Council Packet 12-12-23, Page 26 of 66
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
The City of Moses Lake, under the NPDES Phase II Eastern Washington Stormwater Permit, is required to
provide education and outreach to three priority groups.
Permittees shall implement a public education and outreach program designed to educate the target audiences
about the impacts of stormwater discharges to water bodies and the steps to take to reduce pollutants in
stormwater. Outreach and educational efforts should include a multimedia approach and shall be targeted and
presented to specific audiences for increased effectiveness. The education program may be developed and
implemented locally or regionally. Based on the target audience’s demographic, the Permittee shall consider
delivering selected messages in language(s) other than English.
The minimum performance measures are:
All Permittees shall continue to implement a public education and outreach program designed to reach target
audiences identified in i-iii below and achieve improvements in the target audiences’ understanding of the
problem and what they can do to solve it. The program shall, at a minimum address the following, based on the
land uses and priority target audiences found within the community. Permittees shall provide subject area
information to the target audience on an ongoing or strategic schedule.
Target audiences: General public, including homeowners, teachers, school-age children, or overburdened
communities.
Provide information about the following subject areas:
(a) The importance of improving water quality and protecting beneficial uses of waters of the State.
(b) The potential impacts from stormwater discharges.
(c) Methods for avoiding, minimizing, reducing, and/or eliminating the adverse impacts of stormwater
discharges.
(d) Actions individuals can take to improve water quality, including encouraging participation in local
environmental stewardship activities and programs.
The Grant County Conservation District has developed the play "Yarely" that is broadcast at local schools,
events, and is being recorded. This play assists in meeting the requirements of the permit and provides
educational materials in more locations than the Stormwater Manager can access.
The funding request will be taken from the Stormwater Divisions Advertising Fund.
Options and Results
Approving the Interlocal Agreement will provide support for the Stormwater Program in meeting its education
and outreach requirements in 2024.
Staff will bring back options for recommended changes.
Staff will need to find alternative ways to access teachers and school-age children to provide education and
outreach materials in 2024.
COML Council Packet 12-12-23, Page 27 of 66
COML Council Packet 12-12-23, Page 28 of 66
COML Council Packet 12-12-23, Page 29 of 66
Interlocal agreement between Columbia Basin Conservation District & City of Moses Lake
Page 1
INTERLOCAL AGREEMENT BETWEEN
COLUMBIA BASIN CONSERVATION DISTRICT & CITY OF MOSES LAKE
THIS AGREEMENT is made and entered into between the Grant County Conservation
District, a State of Washington governmental subdivision established under RCW 89.08
dba Columbia Basin Conservation District, and the City of Moses Lake, a municipal
corporation organized under the laws of the State of Washington, hereinafter referred to
as “District” and “City”, as public agencies pursuant to the Interlocal Cooperation Act,
RCW 39.34.
WHEREAS, RCW 39.34.080 authorizes public agencies to perform governmental
services, activities, or undertakings which each public agency entering into the contract
is authorized by law to perform, provided such contract shall be authorized by the
governing body of each party to the contract; and
WHEREAS, the District and the City recognize that by taking cooperative and
coordinated action they can produce and perform a musical play named Yarely. This
play is to be performed at 6 to 8 local middle schools in partnership with Columbia Basin
Allied Arts. The play will have measurable learning objectives related to water quality
protection, including learning about harmful algal blooms and steps students can take to
reduce their frequency by mitigating stormwater runoff.
NOW, THEREFORE, in consideration of the mutual benefits to be derived from this
agreement, the District and City agree as follows:
1. The District agrees to:
1. Develop the script, music, sets, and costumes for the play;
2. Coordinate all necessary agreements with Columbia Basin Allied Arts;
3. Include a scene in Yarely designed to teach students steps they can take to
mitigate stormwater runoff in partnership with City staff;
4. Perform Yarely 6 to 8 times in April of 2024; and
5. Provide a report to the City, including the number of schools and students
reached.
2. The City agrees to:
1. Provide appropriate learning objectives for the stormwater scene in the play;
2. Provide all logos or other materials the City deems appropriate for inclusion in
the promotional materials;
COML Council Packet 12-12-23, Page 30 of 66
Interlocal agreement between Columbia Basin Conservation District & City of Moses Lake
Page 2
3. Provide staff time for review and written approval of the stormwater scene in
Yarely; and
4. Provide a one-time payment of $1,500.00 to be used for the production of, or the
performance of the play Yarely as the District deems appropriate.
3. Project Manager: The following contacts shall be responsible for all communications
of their respective entities regarding the performance of this agreement.
Columbia Basin Conservation District City of Moses Lake
Ron Sawyer, Watershed Project Manager Brad Mitchell, Stormwater System Manager
Columbia Basin Conservation District City of Moses Lake
1107 S. Juniper Dr. 411 S. Balsam Street
Moses Lake, WA Moses Lake, WA 98837
(509) 765-4127 (509) 764-3792
Ronnie-sawyer@columbiabasincd.org bmitchell@cityofml.com
4. Effective Date: The effective date of this agreement is Dec 15, 2023, and shall
automatically renew every month until the performances of Yarely are complete in April
2024.
5. Termination: Any party may withdraw from this agreement by giving thirty days prior
written notice by mail or e-mail to the project manager identified above.
6. Indemnification: Each party shall defend, protect, and hold harmless the other party
from and against all claims, suits and/or actions arising from any negligent or intentional
act or omission of that District's or City’s employees, agents, and/or authorized
subcontractor(s) while performing this agreement.
7. Mediation: The provisions of this Agreement shall be construed in accordance with
the provisions of the laws of the State of Washington. In the event of a dispute arising
out of this Agreement where the parties are unable reach a resolution through informal
discussion, the parties agree to participate in non-binding mediation before a third party
professional mediator, whose selection will be mutually agreed upon. The cost of
mediation will be borne equally by both parties and mediation should occur within thirty
(30) days of a request by either party to engage in mediation. No claim or suit may be
brought until the dispute resolution procedures as set forth in this section have been
exhausted. If dispute resolution efforts under this section are not successful, either
party may institute legal action to enforce the terms and conditions of this Agreement.
8. Agreement Alterations and Amendments: The Parties may mutually amend this
COML Council Packet 12-12-23, Page 31 of 66
Interlocal agreement between Columbia Basin Conservation District & City of Moses Lake
Page 3
agreement. Such amendments shall not be binding unless they are in writing and
signed by personnel authorized to bind for each of the respective parties.
9. All Writings Contained Herein: This Agreement contains all the terms and conditions
agreed upon by the parties relative to staff sharing. No other understandings, oral or
otherwise, regarding the subject matter of this Agreement shall be deemed to exist or
bind any of the parties hereto.
10. Governance: This agreement is entered into pursuant to and under the authority
granted to by RCW 39.34.060 (the Interlocal Cooperation Act). The provisions of this
agreement shall be construed to conform to those laws. In the event of an inconsistency
in the terms of this agreement, or between its terms and any applicable statute or rule,
the inconsistency shall be resolved by giving precedence in the following order:
a. Applicable state and federal statutes and rules; and
b. Any other provisions of the agreement, including materials incorporated by
reference.
By entering into this Agreement, the parties do not intend to create any obligations
expressed or implied other than those set out herein; further, this Agreement shall not
create any rights in any party, not a signatory hereto.
Columbia Basin Conservation District by:
_________________________________
DAVE STADELMAN Date
Chair
City of Moses Lake by:
_________________________________
KEVIN FUHR Date
City Manager
COML Council Packet 12-12-23, Page 32 of 66
Invoice
Date
11/30/2023
Invoice #
2233
Bill To
City of Moses Lake - Stormwater Division
401 S Balsam
P.O. Box 1579
Moses Lake, WA 98837
Grant County Conservation District
1107 South Juniper Drive
Moses Lake, WA 98837
Voucher Number Project
Total
Date IncurredDescriptionQuantity Rate Amount
CITY OF MOSES LAKE - STORMWATER DIVISION
EDUCATION & OUTREACH:
12/1/2023City of Moses Lake - Outreach services for ML Stormwater Program 1,500.00 1,500.00
SUBTOTAL 1,500.00
Sales Tax 7.90%0.00
$1,500.00
COML Council Packet 12-12-23, Page 33 of 66
Council Staff Report
To:Agenda Item Number:
From Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Kevin Fuhr, City Manager 13480
Brian Baltzell Public Works
12/12/2023 Consent Agenda
Accept "Longview & Kinder Reconstruction Rebid" Project
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
3,277,583.83$4,325,555.64$0.00$
Staff recommends accepting the "Longview & Kinder Reconstruction Rebid" project completed by Wheeler
Excavation, LLC.
Pay Estimate 8 (Final) for Longview & Kinder Reconstruction Rebid.pdf 479.8KB
The "Longview & Kinder Reconstruction Rebid" project is the completion of the Longview Tracts neighborhood
improvements that started with the sewer installation project in 2011 which included new asphalt streets with
curb and gutter on the interior streets. The plan was to budget and follow up with new sidewalks and complete
Longview and Kinder streets, but priorities and fund availability changed, and it continued to be delayed.
The current project included the reconstruction of Kinder Road and Longview Street including a new 8-inch PVC
water main and services. The project also included upgrading the Longview Tracts neighborhood with
sidewalks and new water meter services.
The contract was awarded to Wheeler Excavation, LLC for the low bid amount of $2,975,555.64 and the final
construction expenditures came to $3,277,583.83 which along with the final reimbursable labor charges will be
under the cumulative budget authorization of $4,325,555.64. There were extra construction costs due to
additional earthwork and concrete required with revised surface model data to better match into the existing
properties. The water main near the Stratford Road connection had to be rerouted under the high voltage CDF
encased PUD conduits and was completed without interruption to major power supply through coordination with
Grant PUD. Also, the location of existing gas lines required additional work for the relocation of some water
meters and some additional concrete work.
COML Council Packet 12-12-23, Page 34 of 66
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
After Council acceptance of the project, the City will enter into the 60-day lien period as required by Washington
State Law. The City will release the 5% retainage after the 60-day lien period is complete.
Options and Results
Staff will send a notification of acceptance to the contractor and the 60-day lien period will begin.
Staff will bring back options for recommended changes.
The project will not be accepted at this time.
COML Council Packet 12-12-23, Page 35 of 66
COML Council Packet 12-12-23, Page 36 of 66
COML Council Packet 12-12-23, Page 37 of 66
Council Staff Report
To:Agenda Item Number:
From
Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
Kevin Fuhr, City Manager 13507
Leigh Ramsey, Interim
Capital Projects Manager Public Works
12/12/2023 Consent Agenda
Transportation Benefit District Annual Report
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
0.00$0.00$0.00$
Staff requests Council to accept the Transportation Benefit District combined 2021 and 2022 annual report as
presented.
2023-12-06, 2021-2022 TBD Annual Report Combined.pdf 1.08MB
The Transportation Benefit District (TBD) enabling legislation in Washington State law has a requirement for an
annual report to the public indicating the status of the revenues and expenditures for the TBD (RCW
36.73.160(2)). We have included transportation projects in the annual Transportation Improvement Plan update,
and in the annual budget document, but we have not done a separate annual report for fiscal years 2021 and
2022. The attached report details the revenues and expenditures of the TBD and the entire transportation
improvement program since its inception in December 2016.
Most of the reporting to Council and the public on transportation improvement projects have been in the
planning/budgeting stage. This report summarizes actual project costs in a given calendar year.
Options and Results
Staff will post the report on the City's website.
Staff will bring back options for recommended changes.
COML Council Packet 12-12-23, Page 38 of 66
No Action Taken:
The City would be out of compliance with the stated RCW requiring TBD annual reporting.
COML Council Packet 12-12-23, Page 39 of 66
City of Moses Lake
Transportation Benefit District Report
NOTICE IS HEREBY GIVEN that the City Council is issuing the Moses Lake Transportation Benefit District
2021 - 2022 Annual Reports to the Moses Lake residents.
The Moses Lake Transportation Benefit District (MLTBD) was created on December 27, 2016, in
accordance with RCW 35.21.225. The creation of the MLTBD established the boundaries as the entire
City of Moses Lake as it currently exists or any adjustment to the boundaries in the future. In November
2017, the citizens of Moses Lake approved a ballot measure authorizing the MLTBD to collect two tenths
of one percent sales tax for a period of 10 years.
Revenues from this tax are to be dedicated for the purposes of ongoing transportation improvements
that preserve, maintain and as appropriate, construct or reconstruct the transportation infrastructure of
the City of Moses Lake.
The MLTBD is governed by the City of Moses Lake Council. The MLTBD began receiving sales tax receipts
in April 2018.
2017-2021 Report
2017-2021 Financial Summary of the MLTBD activity (as of 6/21/2023) in Fund 170:
Source: DataNow and Innoprise Financial Reports, Finance Department
Because the Street Capital program is paid out of a separate fund (Fund 119), the total activity of that
fund is attached to demonstrate the street projects accomplished.
2017 2018 2019 2020 2021 2022
TBD Fund Activity
Revenues
Car Tab Fees 51,118.31$ 140,043.54 99.00 - - -
Sales Tax - 1,218,899.71 1,684,284.73 1,788,974.29 2,089,523.36 2,522,574.48
Interest Earnings 97.61 4,947.00 7,277.00 2,315.00 1,613.00 -
Total Revenues 51,215.92$ 1,363,890.25$ 1,691,660.73$ 1,791,289.29$ 2,091,136.36$ 2,522,574.48$
Transferred to Street Capital Fund - 900,000.00 1,650,000.00 1,650,000.00 1,850,000.04 2,154,000.00
Balance in TBD Fund 51,215.92$ 515,106.17$ 556,766.90$ 698,056.19$ 939,192.51$ 1,307,766.99$
COML Council Packet 12-12-23, Page 40 of 66
2017 2018 2019 2020 2021 2022
TBD Fund Activity
Revenues
Car Tab Fees 51,118.31$ 140,043.54 99.00 - - -
Sales Tax - 1,218,899.71 1,684,284.73 1,788,974.29 2,089,523.36 2,522,574.48
Interest Earnings 97.61 4,947.00 7,277.00 2,315.00 1,613.00 -
Total Revenues 51,215.92$ 1,363,890.25$ 1,691,660.73$ 1,791,289.29$ 2,091,136.36$ 2,522,574.48$
Transferred to Street Capital Fund - 900,000.00 1,650,000.00 1,650,000.00 1,850,000.04 2,154,000.00
Balance in TBD Fund 51,215.92$ 515,106.17$ 556,766.90$ 698,056.19$ 939,192.51$ 1,307,766.99$
Street Capital Fund Activity
Street Projects in Street Capital Fund
Crack Seal, Seal Coat & Overlay 1,194,148.66$ 562,960.95$ 803,589.17$ 143,977.22$ 869,279.24$
Sidewalk & Ramp repair 410,830.41 12,400.79 172,764.91 3,917.07
Pedestrian Buttons installed 10,560.77 1,397.35
Street Light Rehab 54,061.35
ADA Ramp & Stormwater (curbs)23,813.12 398,234.30
Grand Drive 149,780.05 6,949.02
Stratford Road Project 7,000.40 146,665.54 1,340,189.24
Lakeshore Drive Reconstruction 163,158.50 1,333,418.66 75,416.07
Peterson Place Reconstruction 95,101.50 500.00
Alder Street Bridge 517.87 257.53
Tree Replacement 1,853.99
Longview/Kinder Reconstruction 104,027.03 55,356.61 1,657,670.50
Valley Road Reconstruction 3,010,359.88
Traffic/Pedestrian Maintenance 488,473.07 596,149.64
Roadway Transportation Improve 261,921.74 619,562.31
Roadway Other Infrastructure Improvements 411,645.28
Miscellaneous 647.40 1,037.76 1,563.36
Total Expenditures 2,014,000.66$ 2,560,537.73$ 2,496,743.95$ 1,365,290.99$ 6,754,584.93$
Street Capital Fund Revenues
Real Estate Excise Tax 787,598.12$ 913,533.50$ 870,636.44$ 1,794,973.62$ 1,336,422.05$
State Grants (Lakeshore Drive)1,130,000.00
State Shared Revenue 31,970.61 32,754.21 33,016.22 170,933.11 138,928.82
Special Assessments/ Mitigation Fees 49,406.52 273,700.67 41,764.14 99,502.60 149,827.99
Transfer from General Fund 205,000.00 - -
Transfer from TBD 900,000.00 1,650,000.00 1,650,000.00 1,850,000.04 2,154,000.00
Contributions General Gov-MLSD 50,000.00
Interest/other Misc 8,454.60 23,162.05 7,963.89 15,835.30 1,146.16
Total Street Capital Fund Revenues 1,982,429.85$ 4,023,150.43$ 2,603,380.69$ 3,931,244.67$ 3,830,325.02$
Street Capital Fund Beginning Balance 575,675.00 544,104.19 2,006,716.89 2,113,353.63 4,679,307.31
Street Capital Fund Ending Balance 544,104.19$ 2,006,716.89$ 2,113,353.63$ 4,679,307.31$ 1,755,047.40$
Source: DataNow and Innoprise Financial Reports, Finance Department
Note: All Street Capital expenditures are eligible to be funded from the TBD. Major projects in process include the continuation of the
Longview/Kinder Reconstruction ($3.6 million), Valley Road ($3.1 million), the annual Crack Seal/Chip Seal, and ADA ramp improvement
programs. Both Valley Road and the Longview/Kinder projects are expected to conclude in 2023.
COML Council Packet 12-12-23, Page 41 of 66
Council Staff Report
Agenda Item Number:
Department
Proceeding Type
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
13477
Administration
Old Business
To:
Mayor and City Council
From
Kevin Fuhr
For Agenda of:
12/12/2023
Subject
Transportation Benefit District Sales Tax Ordinance
Reviewed and Approved by:
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
0.00$0.00$0.00$
Staff recommends adoption of Ordinance 3041 and impose an additional sales and use tax in the amount of
one-tenth of one percent within the boundaries of the Moses Lake Transportation Benefit District.
TBD Ordinance-2023 (1).docx 32.68KB
The City of Moses Lake established the Moses Lake Transportation Benefit District (MLTBD) by Ordinance 2847
in December 2016 and created the boundaries of the MLTBD as the boundaries of the City of Moses Lake City
Limits. The funds generated from the MLTBD sales and use tax are to be used for transportation improvements
that preserve, maintain, and operate the planned and/or existing transportation infrastructure of the City.
The City Council assumed the rights and powers of the MLTBD by Ordinance 2861.
In November of 2017, Proposition No. 1 was placed on the ballot enacting a two-tenths of one percent sales and
use tax increase, and the electors voted in favor of Proposition No. 1.
After July 1, 2022, RCW 36.73.065(4)(a)(v) authorizes TBDs to impose an additional one-tenth of one percent
sales and use tax that can be enacted by a majority vote of the council for a period of 10 years. The sales and
use tax will be used for acquiring, investing, constructing, improving, providing, operating, preserving,
maintaining, and or funding transportation improvements with the City of Moses Lake TBD.
COML Council Packet 12-12-23, Page 42 of 66
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Provide Amended Direction:
No Action Taken:
The increased sales and use tax would benefit the boundaries of the Moses Lake TBD with the purpose of
financing transportation improvements within the district. The estimated increase annually is approximately
$600,000.
Options and Results
Increase transportation improvements funding through an increase in sales and use tax.
Staff will bring back options for recommended changes.
Not increase the sales tax for use within the Moses Lake TBD.
COML Council Packet 12-12-23, Page 43 of 66
ORDINANCE NO. 3041
AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON, IMPOSING AN ADDITIONAL SALES AND USE TAX OF ONE-TENTH OF ONE PERCENT WITHIN THE BOUNDARIES OF THE MOSES LAKE TRANSPORATION BENEFIT DISTRICT FOR THE PURPOSE OF FINANCING THE COSTS ASSOCIATED WITH
TRANSPORTATION IMPROVEMENTS IN THE DISTRICT IDENTIFIED HEREIN AS AUTHORIZED BY RCW 36.73.040; PROVIDING FOR SEVERABILITY AND ESTABLISING AN EFFECTIVE DATE.
WHEREAS, the City of Moses Lake Transportation Benefit District (hereinafter "the District") was established pursuant to RCW 35.21.225 and Chapter 36.73 RCW by the City Council of Moses Lake by Ordinance 2847 in December 2016; and
WHEREAS, by Ordinance No. 2861, the City of Moses Lake assumed the rights, powers,
immunities, functions, and obligations of the Moses Lake Transportation Benefit District, pursuant to Chapter 36.74 RCW to allow for said assumption; and WHEREAS, the City of Moses Lake enacted Ordinance No. 2847 in December 2016, establishing
boundaries for the City of Moses Lake Transportation Benefits District which are coterminous
with the boundaries of the City of Moses Lake City Limits; and WHEREAS, the City of Moses Lake placed Proposition No. 1 on the November 2017 ballot enacting a two-tenths of one percent (0.2%) sales and use tax increase as set forth in Chapter
82.14.0455 (1) RCW, and the qualified electors voted in favor of Proposition No. 1; and WHEREAS, the City's necessary transportation improvement projects are identified in the City of Moses Lake’s Transportation System Plan and the City's Six-Year Transportation Improvement Program; and
WHEREAS, City of Moses Lake Ordinance No. 2847 provides that funds generated by the City of Moses Lake Transportation Benefit District shall be used for transportation improvements that preserve, maintain and operate the planned and/or existing transportation infrastructure of the City/District, consistent with the requirements of RCW 36.73; and
WHEREAS, RCW 36.73.040(3}{a) authorizes transportation benefit districts to impose a sales and use tax subject to the provisions of RCW 36.73.065; and WHEREAS, RCW 36.73.065(4}(a)(v) authorizes transportation benefit districts to impose
a sales and use tax in accordance with RCW 82.14.0455 in an amount not exceeding one-
tenth of one percent (0.1%) for a period of ten years upon a majority vote of the governing board of the District for the purpose of financing certain transportation improvements; and
COML Council Packet 12-12-23, Page 44 of 66
WHEREAS, the City of Moses Lake has identified the sales and use tax authorized by RCW 82.14.0455, as well as any other lawful funding sources available to the District
pursuant to RCW 36. 73.040, as funding sources available to the City of Moses Lake
Transportation Benefit District; and WHEREAS, a sales and use tax will be used for the purpose of acquiring, investing in, constructing, improving, providing, operating, preserving, maintaining and/or funding
transportation improvements within the City of Moses Lake Transportation Benefit District,
which are coterminous with the City of Moses Lake City limits and which are identified in the City of Moses Lake's Transportation System Plan and the City's Six-Year Transportation Improvement Program; and
WHEREAS, a sales and use tax will apply to all persons who shop and thereby use streets and roadways in the City of Moses Lake. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF MOSES LAKE,
WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: Section 1. Additional 2/10 Additional Sales Tax. The Moses Lake Municipal Code Chapter 3.24 Sales and Use Tax is hereby added as follows:
3.24.011 Voter Approved Sales and Use Tax Imposed.
Pursuant to the certified election results dated November 28, 2017, there is hereby imposed an additional sales tax to be collected from persons who are taxable by the state under Chapters 82.14 RCW upon the occurrence of any taxable event within the
district. The amount of the additional tax shall be two-tenths of one percent (0.2%) of
the selling price, in the case of the sales tax, or the value of the article used, in the case of the use tax. The tax imposed shall apply for a period of ten years from the date the tax is first collected within the district (April 1, 2018) and shall thereafter cease to be imposed unless renewed by a new Ordinance.
Section 2. Additional 1/10 Sales and Use Tax. The Moses Lake Municipal Code Chapter 3.24 Sales and Use Tax is hereby added as follows: 3.24.012 Councilmanic Approved Sales and Use Tax Imposed.
A. Pursuant to RCW 36.73.065 and RCW 82.14.0455, there is hereby imposed an additional sales and use tax to be collected from persons who are taxable by the state under Chapters 82.08 and 82.12 RCW upon the occurrence of any taxable event within the district. The amount of the additional tax shall be one-tenth of one percent
(0.1%) of the selling price, in the case of the sales tax, or the value of the article used, in the case of the use tax. The tax imposed shall apply for a period of ten years from the date the tax is first collected within the district (April 1, 2024) and shall thereafter cease to be imposed unless renewed by a new Ordinance.
COML Council Packet 12-12-23, Page 45 of 66
Section 3. The Moses Lake Municipal Code Section 3.24.030 is hereby amended as follows:
3.24.030 Administration and Collections. A. The administration and collection of the tax imposed in Section 3.24.020 ofby this chapter shall be in accordance with the provisions of RCW 82.14.050.
B. The revenues received from the tax imposed by Sections 3.24.011 and 3.24.012 shall be general revenues of the Transportation Benefit District Funds and shall be used for those purposes as authorized by law. Section 4. Duties of Clerk and Finance Director. The City Clerk and the Finance Director
are hereby requested to submit this ordinance to the Washington State Department of Revenue
and to request that the Department take all necessary steps to implement and collect the tax imposed by this ordinance as soon as possible. Section 5. Severability. The provisions of this chapter are declared to be separate and
severable. If any clause, sentence, paragraph, subdivision, section, subsection or portion of
this chapter, or the application thereof to any person or circumstance, is held to be invalid, it shall not affect the validity of the remainder of this chapter, or the validity of its application to other persons or circumstances.
Section 6. Effective Date. This ordinance shall take effect and be in force five (5) days after its passage and publication of its summary as provided by law. Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on December 12, 2023.
______________________________________ Don Myers, Mayor
ATTEST:
________________________________ Debbie Burke, City Clerk
APPROVED AS TO FORM:
__________________________________ Katherine L. Kenison, City Attorney Martinez Swartz Myers Fancher Madewell Eck Skaug
Vote:
Date Published: December 18, 2023
Date Effective: December 22, 2023
COML Council Packet 12-12-23, Page 46 of 66
Council Staff Report
To:Agenda Item Number:
From
Department
For Agenda of:Proceeding Type
Subject
Reviewed and Approved by:
Expenditure Required:Amount Budgeted:Appropriation Required:
Action Requested
Packet Attachments (if any)
Overview
Fiscal and Policy Implications
Approve, Authorize, or Adopt:
Kevin Fuhr, City Manager 13513
Jessica Cole, Utility Services
Manager Finance
12/12/2023 New Business
Amend MLMC Chapter 13.12, Water, Sewer, and Stormwater Rates
City Manager City Attorney
Community Development Finance
Fire Human Resources
Parks, Rec, & Cultural Services Police
Public Works Technology Services
0.00$0.00$0.00$
Staff recommends Council consider the adoption of the ordinance as presented.
CHAPTER 13.12 AMENDMENT, EFF 1.1.2024.docx 46.4KB
The proposed ordinance amending MLMC 13.12 updates the water and sewer rate classes to align with utility
rates on the adopted fee schedule and reflect current billing practices of the Utility Department. The proposed
changes also eliminate conflict between the code and fee schedule by replacing specific references to fees
within the code, while establishing policy for assessing administrative fees listed on the fee schedule.
Current practices for delinquent shut-off notification include written notice on the bill, text and email reminders
for customers enrolled in paperless billing options, followed by a phone notification delivered two-days prior to
the scheduled disconnect date. Current policy prohibits termination of water if the past due charge is $20 or
less. On average, meter readers are performing 60-70 water terminations and reconnections weekly, typically in
one business day. It is not feasible to perform shut-off for an amount owing of less than $20. Staff proposes
increasing the amount to $75.
The proposed ordinance would establish policy for assessing administrative fees as outlined in the adopted fee
schedule.
Options and Results
Implement these changes upon the effective date of the ordinance.COML Council Packet 12-12-23, Page 47 of 66
Provide Amended Direction:
No Action Taken:
Staff will bring back options for recommended changes.
Continue processing in the current manner.
COML Council Packet 12-12-23, Page 48 of 66
ORDINANCE 3042
AN ORDINANCE AMENDING CHAPTER 13.12 OF THE MOSES LAKE MUNICIPAL
CODE TITELD “WATER, SEWER, AND STORMWATER RATES”
Recitals:
1. Pursuant to RCW 35.92.010, the City of Moses Lake has historically imposed a 25% rate
surcharge on extra territorial water and sewer utility customers to cover the increased cost of
service.
2. At various times throughout the previous years, the City Council reduced the rate surcharge for
the “area formerly known as the Larson Air Base” to 8% based on unique conditions that existed
at those times.
3. The unique conditions that prompted the previous rate surcharge reductions to 8% no longer
exist and the “area formerly known as the Larson Air Base” should be charged at the same rate as
all other extra territorial water and sewer customers.
4. Other house-keeping amendments are necessary and are included in the proposed amendments.
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS
FOLLOWS:
Section 1. Title 13 of the MLMC titled “Water, Sewer, and Stormwater Rates” is amended as
follows:
Chapter 13.12
WATER, SEWER, AND STORMWATER RATES
Sections:
13.12.005 Definitions.
13.12.010 Residential Water Rates.
13.12.015 Dwellings With Two Living UnitsDuplex Water Rates.
13.12.020 Commercial Water Rates.
13.12.021 Multifamily Water Rates.
13.12.022 Irrigation Water Rates.
13.12.023 Industrial Water Rates.
13.12.030 Residential Sewer Rates.
13.12.035 Duplex Sewer Rates.
13.12.036 Multifamily Sewer Rates.
13.12.040 Commercial Sewer Rates.
13.12.041 Industrial Sewer Rates.
COML Council Packet 12-12-23, Page 49 of 66
13.12.042 Stormwater Rates.
13.12.050 Surcharge.
13.12.051 Water, Sewer, Garbage, Ambulance, and Stormwater Billing.
13.12.052 Customer Dispute.
13.12.053 Water Service Termination Procedures.
13.12.054 Limitations on Termination of Water Service.
13.12.055 Joint Charging.
13.12.056 Utility Tax Passthrough.
13.12.060 Payment of Accounts.
13.12.070 Application for New Water and Sewer Service.
13.12.080 Billing for Fractional Month Service.
13.12.085 Service Charge.
13.12.090 Water Usage - Fire Hydrants.
13.12.100 Fire Protection Charges.
13.12.110 Adjustment of Utility Bills.
13.12.005 Definitions:
A. “City water system” means any water system operated by the City of Moses Lake.
B. “City sewer system” means any sewer system operated by the City of Moses Lake.
C. For purposes of calculating sewer charges, chargeable water shall be defined as follows:
Chargeable water shall be measured by the water consumed on the premises, whatever the
source of such water, and the same will be metered either by a public utility meter or one
installed and maintained by the property owner of the premises at the property owner’s
expense and approved and inspected by the City. Where the water is metered by a privately
owned water meter and is used to determine sewer charges, the City shall be allowed access to
the meter in order to read such meter. Where the use of water is such that a portion of all the
water used does not flow into the sewer system, for whatever reason, but is lost by evaporation,
irrigation, sprinkling or is used in manufacturing or in a manufactured product, or is lost for
whatever reason, and the person in control provides proof of this fact and installs a meter or
other measuring device approved by the City to measure the amount of water so used and so
lost, or if the City is capable of determining the amount of sewage entering the City’s sewer
system by some other mechanical means, this water may be deducted from the actual water
COML Council Packet 12-12-23, Page 50 of 66
consumption used in calculating the sewer charge.
CD. “City stormwater system” means any stormwater system operated by the City of Moses
Lake.
13.12.010 Residential Water Rates:
A. A rate shall be assessed in accordance with the adopted fee schedule for water from the City
water system from all residential living units within the corporate limits of the City and outside
the corporate limits of the City.
B. A rate shall be assessed in accordance with the adopted fee schedule for each meter in
service for all residential living units within the corporate limits of the City and outside the
corporate limits of the City.
13.12.015 Dwellings With Two Living UnitsDuplex Water Rates:
A. A rate shall be assessed in accordance with the adopted fee schedule for water from the City
system for a dwelling with two (2) separate living units within the corporate limits of the City and
outside the corporate limits of the City with only one (1) meter serving two (2) living units or for
two (2) houses on a single lot served by one (1) meter.
B. A rate shall be assessed in accordance with the adopted fee schedule for each meter in
service to a dwelling with two (2) separate living units with only one (1) meter to the living unit or
for two (2) houses on a single lot served by one (1) meter within the corporate limits of the City
and outside the corporate limits of the City.
13.12.020 Commercial Water Rates:
A. A rate shall be assessed in accordance with the adopted fee schedule for water from the City
water system for commercial users and dwellings with three (3) or more living units served by
one (1) meter within the corporate limits of the City and outside the corporate limits of the City.
B. A rate shall be assessed in accordance with the adopted fee schedule for each meter in
service for commercial users and dwellings with three (3) or more living units served by one (1)
COML Council Packet 12-12-23, Page 51 of 66
meter within the corporate limits of the City and outside the corporate limits of the City.
13.12.021 Multifamily Water Rates:
A. A rate shall be assessed in accordance with the adopted fee schedule for water from the City water system
for dwellings with three (3) or more living units served by one (1) meter within the corporate limits of the City
and outside the corporate limits of the City.
B. A rate shall be assessed in accordance with the adopted fee schedule for each meter in service for dwellings
with three (3) or more living units served by one (1) meter within the corporate limits of the City and outside the
corporate limits of the City.
13.12.022 Irrigation Water Rates:
A. A rate shall be assessed in accordance with the adopted fee schedule for water from the City water system
for irrigation users within the corporate limits of the City and outside the corporate limits of the City.
B. A rate shall be assessed in accordance with the adopted fee schedule for each meter in service for irrigation
users within the corporate limits of the City and outside the corporate limits of the City.
13.12.023 Industrial Water Rates:
A. A rate shall be assessed in accordance with the adopted fee schedule for water from the City water system
for industrial users within the corporate limits of the City and outside the corporate limits of the City.
B. A rate shall be assessed in accordance with the adopted fee schedule for each meter in service for industrial
users within the corporate limits of the City and outside the corporate limits of the City.
13.12.030 Residential Sewer Rates:
A rate shall be assessed in accordance with the adopted fee schedule for customers residing
within the corporate limits of the City and outside the corporate limits of the City for sewer
service from the City sewer system for single-family dwellings and each unit of a duplex with
separate meters.
13.12.035 Duplex Sewer Rates:
A rate shall be assessed in accordance with the adopted fee schedule for customers residing
within the corporate limits of the City and outside the corporate limits of the City for sewer
COML Council Packet 12-12-23, Page 52 of 66
service from the City sewer system for duplexes with only one (1) meter serving two (2) living
units or for two (2) living units on a single lot served by one (1) meter.
13.12.036 Multifamily Sewer Rates:
A. A rate shall be assessed in accordance with the adopted fee schedule for customers residing within the
corporate limits of the City and outside the corporate limits of the City for sewer service from the City sewer
system for dwellings with three (3) or more living units served by one (1) meter.
13.12.040 Commercial Sewer Rates:
A. A rate shall be assessed in accordance with the adopted fee schedule for customers residing
within the corporate limits of the City and outside the corporate limits of the City for all
chargeable water discharged into the City sewer system by commercial users. and dwellings with
three (3) or more living units served by one (1) meter.
B. For purposes of calculating sewer charges, chargeable water shall be defined as follows:
Chargeable water shall be measured by the water consumed on the premises, whatever the
source of such water, and the same will be metered either by a public utility meter or one
installed and maintained by the property owner of the premises at the property owner’s
expense and approved and inspected by the City. Where the water is metered by a privately
owned water meter and is used to determine sewer charges, the City shall be allowed access to
the meter in order to read such meter. Where the use of water is such that a portion of all the
water used does not flow into the sewer system, for whatever reason, but is lost by evaporation,
irrigation, sprinkling or is used in manufacturing or in a manufactured product, or is lost for
whatever reason, and the person in control provides proof of this fact and installs a meter or
other measuring device approved by the City to measure the amount of water so used and so
lost, or if the City is capable of determining the amount of sewage entering the City’s sewer
system by some other mechanical means, this water may be deducted from the actual water
consumption used in calculating the sewer charge.
The sewer charges for triplexes and apartments, mobile home parks, schools, hospitals and
other commercial establishments with increased usage for irrigation, and only if their
landscaping exceedings five thousand (5,000) square feet, the rate shall be computed on the
COML Council Packet 12-12-23, Page 53 of 66
average consumption during the previous non-irrigation season, unless the user elects to install,
at itshis expense, an measuring device approved by Public Works measuring device to measure
water not entering the sewer system. When a Any user havings a swimming pool or cooling units
discharging to the sanitary sewer, he must install an approved meter to determine the amount
of water exempt from sewer charges during the irrigation season. The irrigation season shall be
defined as the period in which statements are mailed for the April through November billing
cycles.
C. Sewer rates for commercial uses discharged into the sewer system may be separately
determined by the City Council, based upon both volume and chemical characteristics of the
sewage. The City Council may reserve the privilege to require pre-treatment of any material
discharged into the sewerage system, or to prohibit discharge into the system of industrial
wastes whichthat, because of either volume or concentration, will overload existing sewerage
facilities.
D. All air-conditioning and refrigeration units that are installed, after the effective date of this
ordinance, replaced or any which are replaced or that have their capacity expanded,increased
after the effective date of the ordinance codified in this chapter shall be required to install
recirculating units. Disposal may not be accomplished by discharging into the sanitary sewer
system.
13.12.041 Industrial Sewer Rates:
A. A rate shall be assessed in accordance with the adopted fee schedule for customers residing
within the corporate limits of the City and outside the corporate limits of the City for all
chargeable water discharged into the City sewer system by industrial users.
B. For industrial customers with increased usage for irrigation and landscaping exceeding five
thousand (5,000) square feet, the rate shall be computed on the average consumption during
the previous non-irrigation season unless the user elects to install, at its expense, a measuring
device approved by Public Works to measure water not entering the sewer system. Any user
having cooling units discharging to the sanitary sewer must install an approved meter to
determine the amount of water exempt from sewer charges during the irrigation season. The
irrigation season shall be defined as the April through November billing cycles.
C. Sewer rates for industrial uses discharged into the sewer system may be separately
determined by the City Council based upon both volume and chemical characteristics of the
COML Council Packet 12-12-23, Page 54 of 66
sewage. The City Council may require pre-treatment of any material discharged into the
sewerage system, or prohibit discharge into the system of industrial wastes which, because of
either volume or concentration, will overload existing sewerage facilities.
D. All air-conditioning and refrigeration units that are installed after the effective date of this
ordinance, or any which are replaced or have their capacity expanded, shall be required to
install recirculating units. Disposal may not be accomplished by discharging into the sanitary
sewer system.
13.12.042 Stormwater Rates:
A. Residential properties shall be shall be assessed a rate in accordance with the adopted fee
schedule for each living unit.
B. Non-residential properties shall be shall be assessed a rate in accordance with the adopted
fee schedule.
C. Undeveloped property shall not be charged a stormwater fee.
D. Non-residential property owners may submit a request for the following credits to the
stormwater fees. Residential properties are not eligible for credits. The credits are not
cumulative. Requests for credit shall be submitted to the Municipal ServicesPublic Works
Director on forms provided by the Municipal ServicesPublic Works Department.
1. A credit of up to eighty percent (80%) may be approved for non-residential properties for
portions of on-site stormwater discharges to privately maintained on-site treatment facilities
that are in compliance with an active National Pollutant Discharge Elimination System
(NPDES) permit. A copy of the NPDES permit and the associated Stormwater Pollution
Prevention Plan shall be provided to the Municipal ServicesPublic Works Director with the
application for credit. No credits will be approved for stormwater discharged to facilities that
are maintained and serviced by the stormwater utility.
2. A credit of up to fifty percent (50%) may be approved for non-residential property for
portions of on-site stormwater discharges to privately maintained stormwater systems that
meet best management practices of the most current version of the Stormwater
Management Manual for Eastern Washington, meet all City of Moses Lake requirements,
COML Council Packet 12-12-23, Page 55 of 66
and are approved by the Municipal ServicesPublic Works Director.
3. A credit of up to ten percent (10%) may be approved for non-residential property for
portions of on-site stormwater discharges from roofs of non-residential buildings to
privately maintained stormwater facilities that utilize a permissive rainwater harvesting
system that complies with the Department of Ecology’s requirements and is approved by
the Municipal ServicesPublic Works Director.
E. Approval of credit shall be indicated by a credit application that is signed by the Municipal
ServicesPublic Works Director. Approved credits are effective for the first full month’s billing
cycle following the date of approval. Credits may be approved for multiple billing cycles,
provided that conditions of approval are continuously met by the applicant. Credits are not
retroactive to current or prior billings. Credits for future billing cycles may be revoked by the
Municipal ServicesPublic Works Director if on-site conditions change; if federal, state, or local
regulations change such that on-site stormwater treatment facilities are no longer current or
acceptable; or if the ordinance for stormwater is revised by City Council.
13.12.050 Surcharge:
In addition to the rates established for water and sewer services as set forth in this chapter, a
twenty-five percent (25%) surcharge shall be assessed for water service and sewer service
furnished outside the City limits. except for the area commonly known as the former Larson Air
Base. In addition to the rates established for water and sewer services as set forth in this
chapter, an eight percent (8%) surcharge shall be assessed for water service and sewer service
furnished outside the City limits in the area commonly known as the former Larson Air Base.
13.12.051 Water, Sewer, Garbage, Ambulance, and Stormwater Billing:
A water, sewer, garbage, ambulance, and stormwater bill shall be mailed every month to every
customer for water, sewer, garbage, ambulance, and stormwater services supplied during the
time period shown on the bill. Each water, sewer, garbage, ambulance, and stormwater bill shall
contain the following information:
A. The charge and/or installment.
COML Council Packet 12-12-23, Page 56 of 66
B. The date of the bill.
C. The bills are due within thirty (30) days from the date of the bill. Past due amounts are due
immediately upon receipt of a bill.
D. Notice if bill is based on an estimated measurement of the amount of service supplied.
E. A telephone number to call in order to obtain information.
13.12.052 Customer Dispute:
A. At any time before the date of termination of water service for non-payment of the amount
shown on a water, sewer, garbage, ambulance, and stormwater bill, or a notice of termination, a
customer may dispute the correctness of all or part of the amount shown in accordance with the
provisions of this section. A customer shall not be entitled to dispute the correctness of all or
part of the amount if all or part of the amount was the subject of a previous dispute under this
section.
B. The procedure for customer disputes shall be as follows:
1. Before the date of termination, the customer shall notify the Finance Department in
writing, that he disputes all or part of the amount shown on a water, sewer, garbage,
ambulance, and stormwater bill or a notice of termination, stating as completely as possible
the basis for the dispute.
2. If the Finance Department determines that the present dispute is untimely or that the
customer previously disputed the correctness of all or part of the amount shown, the
Finance Department shall mail to the customer a notice stating that the present dispute is
untimely or invalid. The City shall then proceed as if the customer had not notified the City
of the present dispute.
3. If the City determines that the present dispute is not untimely or invalid under this
section, the City, within three (3) days after receipt of the customer’s notice, shall arrange an
informal meeting between the customer and the Finance Department.
4. Based on the City’s records, the customer’s allegations and all other relevant materials
available to the Finance Department, the Finance Department shall resolve the dispute,
COML Council Packet 12-12-23, Page 57 of 66
attempting to do so in a manner satisfactory to both the City and the customer.
5. Within five (5) days of completion of the meeting, the Finance Department shall mail to
the customer a copy of its decision resolving the dispute.
6. The decision shall be final and binding on the customer.
C. Utilization of this dispute procedure shall not relieve a customer of his obligation to timely
and completely pay all other undisputed charges and/or installments and surcharges, and the
undisputed portion of the amount which is the subject of the present dispute. Notwithstanding
this section, failure to timely and completely pay all such undisputed amounts shall subject the
customer to termination of water service in accordance with the provisions of this ordinance.
D. Until the date of the Finance Department’s decision the City shall not terminate the water
service of this customer and shall not issue a notice of termination to him solely for non-
payment of the disputed amount. If it is determined that the customer must pay some or all of
the disputed amount, the City shall promptly mail to, or personally serve upon the customer, a
notice of termination, which shall contain the following:
1. The amount to be paid.
2. The date of the notice of termination.
3. The date of termination, which shall be at least ten (10) days after the date of the notice
of termination is issued.
4. Notice that unless the City receives complete payment of the past due amount shown
prior to the date of termination, water service shall be terminated.
5. An informational telephone number.
13.12.053 Water Service Termination Procedures:
A. The provisions of this section shall govern all terminations of water service for non-payment
of City charge and/or installments and surcharges.
B. If by the payment date shown on a water, sewer, garbage, ambulance, and stormwater bill,
the City has not received complete payment of the amount shown on the bill the City shall mail
COML Council Packet 12-12-23, Page 58 of 66
to, or personally serve upon, the customer a notice of termination. The notice of termination
shall be sent with the current month’s bill. The notice shall indicate the amount past due.
C. The notice of termination shall contain the following:
1. The amount past due and the amount of the current month’s billing.
2. The date of the notice of termination.
3. The date of termination, which shall be no less than ten (10) days from the date of the
notice of termination.
4. Notice that unless the City receives complete payment of the amount past due prior to
the date of termination, water service shall be terminated.
5. Notice that in lieu of paying the entire amount shown, a customer, prior to the date of
termination, may notify the City that he disputes the correctness of all or part of the amount
shown, if all or part of the amount shown was not the subject of a previous dispute.
6. Notice that a disconnect for non-payment fee will be assessed in accordance with the
adopted fee schedule if payment of the past due balance is received by the Finance
Department, Utilities Division, after the date and time shown on the notice of
termination,thirty dollars ($30) will be assessed as a delinquent service charge if not paid
and received by the Finance Department, Utilities Division, by 5 p.m. on the day prior to the
date shown on the delinquent notice provided no formal dispute has been filed with the
Finance Department as set forth in this section.
7. An informational telephone number.
8. Notice that eighty dollars ($80) an after-hour service charge will be assessed in
accordance with the adopted fee schedule as a service charge for all water turn-ons or turn-
offs after 4:00 p.m. and before 8:00 a.m. and at any other time which is not a normal
working day of the City, such as weekends or legal holidays.
D. If the City receives payment of the past due amount prior to the date and time shown on the
notice of termination, such payment shall be considered a timely and complete payment for
purposes of this ordinancesection.
COML Council Packet 12-12-23, Page 59 of 66
13.12.054 Limitations on Termination of Water Service:
A. The City shall terminate water service for non-payment of past due water, sewer, garbage,
ambulance, and stormwater charges and/or installments and surcharges only during the hours
of 9 a.m. to 3 p.m. Monday through Thursday. No terminations shall be permitted on a legal
holiday or on the day before a legal holiday.
B. In the event the City should proceed to terminate water service to any property which has
failed to pay a past due amount after delivery of written notice, the employee of the City
dispatched to disconnect the water service shall make a reasonable effort to inform the user
that water service is being terminated. The City employee may not accept payment of the
delinquent amount from the user, but the employee shall not terminate water service to the
property until the user has been afforded an opportunity of not less than one (1) hour in length
to reach the city hall and arrange to bring the account current.
13.12.055 Joint Charging:
All charges for water, sewer, garbage, ambulance, and stormwater payments due the City shall
be billed jointly on one (1) statement. If water, sewer, garbage, ambulance, and stormwater
charges are billed in conjunction and simultaneously with statements issued by the City for
refuse collection and disposal, all payments received from a customer shall be credited first to
past due garbage charges, then the remainder, if there be any, first to past due sewer charges,
then to past due ambulance charges, then to past due water charges, and then to past due
stormwater charges. Payments on current accounts shall be credited first to garbage charges,
the remainder, if there be any, to sewer charges, then to ambulance charges, then to water
charges, then to stormwater charges.
13.12.056 Utility Tax Passthrough:
A. Section 3.30.050 provides in part for the collection of a utility tax upon every person,
including the City, who engages in the selling or furnishing of sewer, water, garbage, and
stormwater, or a service of sewer, water, garbage, and stormwater, or the providing of facilities
for sewer, water, and stormwater. As a result of the operation of its water, sewer, garbage, and
stormwater systems, the City is subject to the utility tax imposed by Section 3.30.050.
COML Council Packet 12-12-23, Page 60 of 66
B. The City is authorized to collect the percentage of gross income portion of the utility tax
imposed by Section 3.30.050 from the users of the City’s water, sewer, garbage, and stormwater
systems by including on the billing of each user residing within the corporate limits of the City,
the sum the City would be liable to pay as a utility tax on that basis.
13.12.060 Payment of Accounts:
A. Water, sewer, garbage, and stormwater bills shall be the responsibility of and billed directly
to the property owner, unless the property owner wishes the bill sent to another address, the
same shall be due and payable within thirty (30) days of the billing date. If the property owner
wishes the bill sent to another address, the property owner first must execute a form provided
by the City of Moses Lake indicating the property owner’s desires. The form shall include the
property owner’s name and address, the address to which the bill shall be sent, and a statement
that if the person at the address to which the bill is sent moves and leaves an unpaid balance,
the property owner assumes responsibility for the bill. The billing dates for utility accounts shall
be as follows:
Routes 1 through 15 on the 20th of each month;
Routes 16 through 2949 on the 30th of each month;
Routes 50 through 75 on the 10th of each month.
B. The property owners of commercial accounts and governmental agencies may sign
agreements requesting that their monthly statements be mailed to service addresses. The
statement will contain the same information referred to in subsection A of this section.
C. The City reserves the right to cut off the water supply from the premises. The water supply
may be cut off if either the water charge, sewer charge, garbage charge, ambulance charge, or
the stormwater charge is delinquent, and should the water supply be turned off for failure to
pay either the sewer charge, water charge, garbage charge, ambulance charge, or stormwater
charge when due, the water supply shall not be turned on until all delinquent charges have been
paid in full. A service charge shall be assessed as set forth in Section 13.12.085(B) and shall be
added to the amount past due and will be billed on the next month’s statement.
D. The City shall have a lien against the premises for unpaid water, sewer, garbage, ambulance,
and stormwater charges as provided by the laws of the state.
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E. Advance payments may be made on any water, sewer, garbage, ambulance, or stormwater
account.
F. Water service will not be terminated if there is a past due water, sewer, garbage, ambulance,
or stormwater charge of twenty dollars ($2075) or less, subject to subsection G of this section.
G. No water, sewer, garbage, ambulance, or stormwater bills shall be allowed to be more than
sixty (60) days past due regardless of the past due amount. If a water, sewer, garbage,
ambulance, or stormwater account is to become sixty (60) days past due, water service shall be
terminated as provided herein before the sixtieth (60th) day ends.
H. No water, sewer, garbage, ambulance, or stormwater account will be transferred to another
person, partnership, corporation, or other entity unless the account is brought current prior to
the requested transfer.
I. Property served by more than one (1) meter must keep all accounts current in accordance
with this chapter in order to avoid water service being terminated to all meters serving the
property.
13.12.070 Application for New Water and Sewer Service:
Application for water and sewer service shall be made upon forms prescribed by the Finance
Director. The water charge shall begin to run from the date water is turned on and the sewer
charge shall start after the sewer line has been inspected.
13.12.080 Billing for Fractional Month Service:
A. The minimum water, sewer, garbage, ambulance, and/or stormwater service shall continue
until an order in writing to discontinue service has been given. The water shall not be turned on
or off until a request in writing is given, on forms furnished by the City, for the turning on or off
of the service.
B. When utility services are resumed or commenced between monthly billing cycles, monthly
base rates for water, sewer, garbage, stormwater and ambulance shall be prorated based on the
number of days service is provided. Where metered water or sewer consumption exceeds the
allowance provided by the base rate, additional consumption will be billed in accordance with
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the adopted fee schedule.
13.12.085 Service Charge:
A. The service charge for all water turn-ons or turn-offs after 4 p.m. and before 8 a.m. and at
any other time which is not a normal working day for the City shall be assessed in accordance
with the adopted fee schedule. This charge is in addition to the fee imposed by this section.
B. A delinquent servicelate payment charge of thirty dollars ($30) will be assessed in
accordance with the adopted fee schedule on each water, sewer, garbage, ambulance, or
stormwater account or any combination of water, sewer, garbage, ambulance, or stormwater
service which is billed on one (1) account if not paid and received by the Finance Department,
Utilities Division, by the due date shown on the billing statement by 5 p.m. on the day prior to
date shown on the delinquent notice provided no disputes have been filed with the Finance
Department as set forth in Section 13.12.053.
C. A disconnect for non-payment fee will be assessed in accordance with the adopted fee
schedule if payment of the past due balance is received by the Finance Department, Utilities
Division, after the date and time shown on the notice of termination. If water service is
terminated for non-payment of the account, the service charge shall include turning the water
back on from 8 a.m. to 4 p.m. on normal City working days provided the occupant does not
change. The service charge is subject to the limitations of Subsections F and G of Section
13.12.060. If water service is terminated for non-payment of the account, the service charge
shall include turning the water back on from 8 a.m. to 4 p.m. on normal City working days
provided the occupant does not change. This charge is in addition to the fee imposed by
Subsection DC.
CD. A service fee shall be assessed in accordance with the adopted fee schedule and added to
each new water, sewer, garbage, ambulance, or stormwater account or any combination of
water, sewer, garbage, ambulance, or stormwater service which is billed on one (1) account. A
service fee shall be assessed in accordance with the adopted fee schedule and added for each
change of service to another occupant. This fee shall include one (1) water turn-on if applicable
from 8 a.m. to 4 p.m. on normal City working days.
E. A service charge for temporary water service will be charged when a property owner or their
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designated agent submits a written request on forms provided by the City to have water turned
on for inspection or repairs when the billing account is inactive. Temporary service will only be
provided if there is no outstanding utility account balance related to the parcel. Temporary
water service will be provided for one business day between the hours of 10 am and 4 pm.
Requests for temporary service must be made one business day in advance of the effective date.
F. A return trip fee will be assessed in accordance with the adopted fee schedule at any time a
customer fails to leave the faucets off, or changes mind about connection or reconnection and
requires an additional trip(s), or when a customer requests a re-read of the water meter outside
of the City’s routine reading schedule.
G. Prior to disconnection of service, the Utilities Department will deliver by telephone a notice
of termination reminder using the customer’s contact phone number on file with the Utilities
Department. If the phone number on file is not current, out of service, or the call is unsuccessful,
a door notification will be delivered. A door notification fee will be assessed in accordance with
the adopted fee schedule.
H. Where a customer requests the water meter be tested for accuracy by the City’s water
department, a fee will be assessed in accordance with the adopted fee schedule. The fee will be
fully refunded to the customer if the test determines the water meter accuracy does not meet
the standards defined by the American Water Works Association (AWWA).
I. Tampering with City’s water or sewer systems as described in Section 13.307.100 will result
in the customer’s account being assessed penalties for meter tampering in accordance with the
adopted fee schedule. The recipient of utility services that have been obtained without full
payment either through tampering, alteration, bypass, or falsification of records shall also be
responsible and billed for the costs incurred by the city as a result of investigation, damages,
repair, and bookkeeping.
J. All fees and supplemental billing shall be placed on the next forthcoming utility bill and shall be collected
under the normal collection procedures as set forth in Chapter 13.12 MLMC.
13.12.090 Water Usage - Fire Hydrants:
Water delivered through fire hydrants associated with the City’s water system shall be billed as
follows:
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A. The City shall provide a meter to measure the amount of water being delivered through a
fire hydrant. The fee for the meter, plus the commercial rate, shall be as assessed in accordance
with the adopted fee schedule. If no fire hydrant meter is available from the City, anyone
receiving water from a fire hydrant shall pay a fee as assessed in accordance with the adopted
fee schedule for the water received through a fire hydrant.
B. The City shall pay, from its current expense fund to the water and sewer fund, an amount
determined by the Finance Department and approved by the City Council through the budgeting
process to cover the cost of providing fire protection capabilities through the system of fire
hydrants included as part of the City’s water system.
13.12.100 Fire Protection Charges:
A. Metering shall not be required for fire protection lines running directly to buildings when
used solely for furnishing water to sprinkler, or other fire protective systems. Water flow alarms
shall be provided in all fire protection sprinkler installations. Such alarms shall be either water
motor or electric gongs, except where alternate devices are specifically approved by the City.
B. Water supplied to above ground or underground tanks for deluge systems or other private
systems from which water is pumped for fire protection service shall be metered and payment
shall be made for water actually consumed at the established rate on commercial accounts.
There shall be no minimum monthly amount charges.
13.12.110 Adjustment of Utility Bills:
A. The Finance Director or designee is empowered to resolve utility billing disputes upon
receipt of a request to do so from a City utility customer. Utility bill adjustment requests are
required to be submitted in writing to the City’s Utility Billing Department for review by the
Finance Director or designee. Upon receipt of such notice from the customer, the Finance
Director or designee shall review the bill with the customer to determine if the amount is justly
owed. The customer shall have the right to a meeting to bring forth reasons and evidence why
such bill or portion of said bill should not be due and owing.
B. The maintenance and repair of the water service pipe on the customer side of the water
meter setter is the responsibility of the owner of the premises being served. The maintenance
and repair of the sanitary sewer service pipe from the connection to the City’s sewer main to the
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premises is the responsibility of the owner of the premises being served. The owner shall keep
said water and sewer service pipes in good working order.
C. In the case of a leak in the water service pipe, the owner may be entitled to an adjustment of
their water/sewer utility bill upon written request by the customer. Any adjustment shall be
made subject to the City’s Utility Leak Adjustment Policy as adopted by resolution of the City
Council.
Section 2. Severability. If any section of this ordinance is found to be unconstitutional or
invalid as written or as applied to any particular person or circumstances, no other
section of the ordinance shall be deemed to be invalid, but rather, should be
deemed to have been enacted independently and without regard to the section
affected.
Section 3. Effective Date. This ordinance shall take effect and be in force five (5) days after
its passage and publication of its summary as provided by law.
Adopted by the City Council of the City of Moses Lake, WA and signed by its Mayor on
December 12, 2023.
________________________________________
Don Myers, Mayor
ATTEST:
________________________________
Debbie Burke, City Clerk
APPROVED AS TO FORM:
__________________________________
Katherine L. Kenison, City Attorney
Martinez Swartz Myers Fancher Madewell Eck Skaug
Vote:
Date Published: December 18, 2023
Date Effective: January 1, 2024
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