FINAL 2021 0126 Council Agenda PacketMoses Lake City Council
David Curnel, Mayor | Daryl Jackson, Deputy Mayor | Mike Riggs, Council Member | Karen Liebrecht, Council Member
Don Myers, Council Member | David Eck, Council Member| Dean Hankins, Council Member
REMOTE ACCESS ONLY - Citizens can join this meeting via phone by calling the numbers
listed at the bottom of the agenda or by audio only option https://cityofml.zoom.us/s/91539733610
Tuesday, January 26, 2021, 5:30 PM
Study Session
5:30 p.m. Water Sewer Rate Design – FCS Consultants
Presented by Cindy Jensen, Finance Director
Regular Meeting Agenda
Call to Order – 7 p.m.
Roll Call
Pledge of Allegiance
Approval of the Agenda
Summary Reports:
Mayor’s Report
-Legislative Update
Additional Business
City Manager’s Report
- Introduction of Downtown Moses Lake Association Executive Director Lexi Smith
- Mae Valley Traffic Study Contract with Perteet Engineering
-Community Development Neighborhood Meetings
-Community Clean Up
Moses Lake Council Packet 1-26-21, Page 1 of 139
January 26, 2021, City Council Meeting Page 2
Citizen’s Communications - Citizens who would like to address the Council can submit written
comments to the City Clerk no later than 3 p.m. on the day of the meeting. Comments will be provided
to Council electronically and recorded in the meeting minutes. Citizens who would like to speak on
matters during the meeting will need to complete the following form no later than 3 p.m. on the day of
the meeting. There will be a five-minute limit per speaker.
https://lfweb.cityofml.com/Forms/Council-Speaker-Request
Consent Agenda 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.
#1 pg 3
a.City Council Meeting Minutes Dated January 12, 2021
b.Claims and Payroll
c. Fire Alarm Monitoring MLMC 16.36.120 Ordinance 2966
d.Grant County Recording Fee Interlocal Agreement
e.E & F Recovery Billing Contract Termination
f.Water Right Purchase & Sale Agreement – Herring (2) and Prchal
New Business
#2
#3
pg 113
Finance Policy – First Presentation
Presentation by Cindy Jensen, Finance Director
Summary: Council to review and discuss
pg 136
3462 Westshore Drive NE Request to Connect Water and Sewer Motion
Presentation by Richard Law, City Engineer
Summary: Council to review and approve connection with an extra territorial agreement
Administrative Reports
Council Communications and Reports
Executive Session – Litigation pursuant to RCW 42.30.110(1)(i)
Adjournment
Zoom Meeting – Audio Only
Please click the link below to join the webinar: https://cityofml.zoom.us/j/91539733610
Or iPhone one-tap: US: +12532158782,,91539733610# or +13462487799,,91539733610# Or Telephone:
Dial(for higher quality, dial a number based on your current location):US: +1 253 215 8782 or +1 346
248 7799 or +1 669 900 9128 or +1 646 558 8656 or +1 301 715 8592 or +1 312 626 6799
Webinar ID: 915 3973 3610. International numbers available: https://cityofml.zoom.us/u/aelROcwuzZ
Moses Lake Council Packet 1-26-21, Page 2 of 139
MOSES LAKE CITY COUNCIL JANUARY 12, 2021
STUDY SESSION
Comprehensive Plan Vision Berk Consulting agent Bob Bengford provided a PowerPoint presentation on the Housing Action Plan and Comprehensive Plan Update. He gathered consensus from Council on revising the vision, values statement, and community gateway elements. Next steps will be to provide a draft of the Comp Plan
after they analyze the Land Use, Transportation, and Capital Facilities elements.
CALL TO ORDER
The regular meeting of the Moses Lake City Council was called to order at 7 p.m. by Mayor Curnel
via audio only remote access. Special notices for attendance and citizen comment were posted on the
meeting agenda.
ROLL CALL
Present: Mayor Curnel, Deputy Mayor Jackson; Council Members Eck, Riggs, Liebrecht, Myers, and
Hankins.
PLEDGE OF ALLEGIANCE
Council Member Hankins led the Flag Salute.
AGENDA APPROVAL
Action taken: Council Member Riggs moved to approve the Agenda as is, second by Council Member Hankins. The motion carried 7 – 0.
SUMMARY REPORTS
MAYOR’S REPORT
Former Council Member and Mayor Brett Reese
Mayor Curnel held a Moment of Silence for Mr. Reese who passed December 14 in Austin, TX. He is remembered for his favorite subject to fund a second crossing.
Grant County Solid Waste Advisory Committee Update
The Grant County Commissioners chose another applicant to fill the vacancy advertised for this board. There are several residents from Moses Lake already serving as voting members and their staff encourages the City to attend meetings as a non-voting member.
Planning Commission Appointment
There were three applicants for the unexpired term ending December 31, 2022. Mayor Curnel recommended appointment of Eric Skaug to the Planning Commission.
Action taken: Council Member Eck moved to affirm the appointment, second by Deputy Mayor Jackson. The motion carried 6 – 1.
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CITY COUNCIL MINUTES – January 12, 2021
Council Position Filing Dates for November Election Council Members Liebrecht, Curnel, Jackson and Riggs are up for re-election. The dates for online filing of interested candidates will be May 17 to 21.
Council Committees City Manager Williams requested an additional Council Member for the Community Development/Municipal Services/Parks Committee. Council Member Liebrecht volunteered and received Council consensus for the appointment.
ADDITIONAL BUSINESS
Moses Lake Watershed Council Funding Support The Moses Lake Watershed Council requests a letter of support for a grant on a water quality
project. This proposal includes a three-phase approach: to identify water quality concerns and
objectives, develop an enduring watershed plan, then implementation and ongoing evaluation.
Action taken: Council Member Liebrecht moved to approve a letter of support for the Moses Lake Watershed, second by Council Member Hankins. The motion carried 7 – 0.
CITY MANAGER’S REPORT
New Employees A brief introduction was given of two new hires: Police Officer Gregorio Alvarado and
Finance IT Applications Support Analyst Ben Schober.
Sleeping Center Update The Council Ad Hoc Committee would like to increase utilization of the center by adding an hour in the morning to increase services available to the guests. Community Development
Director Melissa Bethel and Housing Coordinator Taylor Burton shared a few success stories of those no longer homeless.
Fence Regulations at 310 N. Towhee Fence Staff reviewed the issue expressed to Council from residents on December 22, 2020. The
property is located in a subdivision which requires new construction to follow development regulations. The subdivision does not allow individual permits. Amanda Martsolf shared her discontent. Staff will review development regulations with the Comprehensive Plan Update.
Request for Code Review for Love’s Impacts
Staff received concerns about the anti-idling ordinances and greenhouse gas policies. Council requested that these be put on the current year work plan to strengthen these provisions.
Creative District Update
Parks and Recreation staff provided information in the meeting packet.
AWC Legislative Agenda The white paper of AWC Legislative Priorities was included in the meeting packet.
Signal Cabinets
Municipal Services staff requests approval to order five signal cabinets from McCain, Inc. to upgrade original controllers and replacement parts that are no longer available. Moses Lake Council Packet 1-26-21, Page 4 of 139
CITY COUNCIL MINUTES – January 12, 2021
Action taken: Council Member Eck moved to authorize a contract with McCain, Inc. for the purchase of the signal cabinets and systems needed, second by Deputy Mayor Jackson. The motion carried 7 -
0.
CITIZEN COMMUNICATIONS
Spencer Grigg Retirement
Former Mayors’ Jon Lane and Dick Deane, along with former Parks employee Roland Gonzalez presented a plaque, a tie die shirt from a Grateful Dead concert, an 1890 drill, pillow, pictures, and notes of appreciation to Spencer Grigg in honor of his retirement.
CONSENT AGENDA
#1 a. City Council meeting minutes dated December 22, 2020b.Claim Checks 150507 through 150747 in the amount of $1,747,727.21; PayrollChecks 63607 through 63618 in the amount of $12,179.77; and Electronic Paymentsdated December 24, 2020 in the amount of $439,938.88
c. Accept Crack Seal Project 2020d. T-Mobile Antenna Lease – Third Amendmente. Set Hearing for Good Faith Annexation Resolution 3839
Action taken: Council Member Hankins moved to approve the Consent Agenda, second by Council
Member Eck. The motion carried 7 – 0.
OLD BUSINESS
#2 Garro Revised Quit Claim Deed/Easement Resolution 3840 The resolution authorizes execution of the new Quit Claim Deed for the two Penn Street
properties declared surplus on September 22, 2020, and approves the revised utility easement.
Action taken: Council Member Hankins moved to adopt Resolution 3840, second by Council Member Liebrecht. The motion carried 7 – 0.
NEW BUSINESS
#3 2181 Westshore Drive Request to Connect Water and Sewer Sidney Richard “Dick” Deane requests approval to connect to the City’s water and sewer systems to serve parcel #1141771000.
Action taken: Deputy Mayor Jackson moved to approve the request to connect to City water and sewer at 2181 Westshore Drive with an extraterritorial agreement, second by Council Member Eck. The motion carried 7 – 0.
ADMINISTRATIVE REPORTS
Municipal Court Update The City has not received services in accordance to the Interlocal Agreement with Grant County since mid-year 2020. City staff met with the Commissioners on Monday and they would like to meet with both Court and City staff next. The proposed outcome might be for
all Grant County Cities to hire one Court Clerk that would be managed by the District Court
based on an hourly rate. Moses Lake Council Packet 1-26-21, Page 5 of 139
CITY COUNCIL MINUTES – January 12, 2021
Association of Grant County Cities and Towns Meeting A meeting has been scheduled for January 25. Staff from Warden will provide the lead duty as Secretary/Treasurer with remote meeting support from our staff. The meeting agenda and
calendar invite will be sent to Council tomorrow.
Payroll Software Staff recently went live with the new payroll system that is a cloud-based program. Employees will have online access only to their information such as paystubs and W-2’s. The
process for timesheets will eventually be completed through the new online portal as well.
Main St. Funding Contracts The adopted budget includes the continuation of the downtown association Main St. Program. The City will receive a 75% credit in the year following contributions in exchange, the City
contributes $20,000 in the year prior to the Downtown Association for improvements.
Tax Revenue Update Sales Tax for the year came in 2% higher than 2019. Additionally, REC Silicon paid past due property taxes of which the City will receive $475,000 to close the gap in the General Fund
Reserves.
Hearings Examiner Annual Report The report was emailed to Council containing activity for 2020.
COUNCIL COMMUNICATIONS AND REPORTS
Deputy Mayor Jackson reported that after 18 months, he is dissolving the Airport Lease Ad Hoc Committee and would like to have these items come to the full Council and potentially State Legislature.
Mayor Curnel requested information about the Martin Luther King, Jr. Day March. Chief Fuhr reported that the event will take place on January 18th with a march from McCosh Park to Civic Center Park where there will be a prayer and speech. Parks staff have received the Special Event permit and will email time details out to Council.
EXECUTIVE SESSION
Mayor Curnel called an Executive Session at 8:03 p.m. to be held for 20 minutes pursuant to RCW 42.30.110(1) subsection (i) to discuss litigation; and there will be no further business. Mayor Curnel extended the Executive Session for 12 minutes.
ADJOURNMENT
The regular meeting was adjourned at 8:35 p.m.
______________________________________
David Curnel, Mayor
ATTEST____________________________________
Debbie Burke, City Clerk Moses Lake Council Packet 1-26-21, Page 6 of 139
To: Allison Williams, City Manager
From: Cindy Jensen, Finance Director
Council Meeting Date: January 26, 2021
Proceeding Type: Consent Agenda
Subject: Semi-Monthly Disbursement Report
The following amounts were budgeted and sufficient funds were available to cover these payments:
Claim Checks 150748 - 150928 $2,069,920.14 Payroll Checks (new software) 0063618 - 0063635 $15,088.88 Electronic Payments Payroll ACH –1/10/2021 $453,966.61 Electronic Payments Payroll ACH –1/22/2021 $447,749.00
Summary
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.
RCW 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 has 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 Council approval on the Consent Agenda. The payments listed in the schedule cover all claims and payroll payments during 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 and any 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 its processes to ensure appropriate internal controls are in place.
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Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Brett Bastian, Fire Chief
Date: January 12, 2021
Proceeding Type: Consent Agenda
Subject: Ordinance to update MLMC 16.36.120
Legislative History:
• First Presentation: January 26, 2021
• Second Presentation:
• Action: <Motion>
Overview
Moses Lake Municipal Code 16.36.120 regulates fire alarm monitoring requirements. The current
Municipal Code language presents practical difficulties with developers / building owners from
being able to comply with the section. Specifically, the current language requires hard wired phone
lines to provide alarm monitoring circuits from the building alarm system to the alarm monitoring
dispatch center. This update brings the section into line with national standards and will allow more
flexibility for developers / building owners in how to comply with the state fire code requirement
to provide monitoring for fire alarm systems.
Fiscal and Policy Implications
1. Allows for flexibility in compliance with alarm monitoring requirements.
2. Updates the Municipal Code to be consistent with national standards addressing alarm
monitoring.
Council Packet Attachments
A. Draft Ordinance
Finance Committee Review
N/A
Moses Lake Council Packet 1-26-21, Page 50 of 139
Page 2 of 2
Legal Review
Type of Document Title of Document Date Reviewed
Ordinance Alarm Monitoring 1-11-2021
Options
Option Results
• Adopt as presented Allows flexibility for developers / building owners
to comply with state fire code requirements.
• Provide staff with changes Staff will make recommended changes.
• Take no action. The current municipal code language would not
be updated. This may cause potential delays in
permit processing and / or rejection of permits if
hard wired systems cannot be installed.
Action Requested
Staff requests adoption of the ordinance amending MLMC 16.36.120.
Moses Lake Council Packet 1-26-21, Page 51 of 139
ORDINANCE NO. 2966
AN ORDINANCE AMENDING MOSES LAKE MUNICIPAL CODE SECTION 16.36.120 TITLED “ALARM MONITORING” THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON, DO ORDAIN AS
FOLLOWS:
Section 1. Section 16.36.120 of the Moses Lake Municipal Code titled “Alarm Monitoring” is amended as follows:
16.36.120 Alarm Monitoring
Fire protection systems that are required to be monitored as identified in the currently adopted state fire code, or where required by Moses Lake Municipal Code, shall be monitored by an alarm monitoring system that complies with the most recent edition of National Fire Protection
Association Standard 72. Required monitoring systems shall be hard wired with a minimum of
one (1) dedicated phone line and one (1) shared line. shall have dual lines, one of which is dedicated to the alarm system, and one which the alarm system can “seize” for immediate use in reporting an alarm. Dual line systems may be cellular provided adequate signal strength is present at the location of the alarm panel. Adequate signal strength is defined as signal of
-80dBm or better as measured at the point of alarm connectivity. Voice over internet protocol
(VOIP) or other recognized communications systems may be approved if found acceptable by the Moses Lake Fire Marshal. Voice over internet protocol (VOIP) or cellular dialers may be utilized as a back-up system in lieu of a second phone line, but are not allowed to be utilized as the primary means of communication between the alarm dialer and the alarm monitoring station.
Section 2. Severability. If any section of this ordinance is found to be unconstitutional or invalid as written or as applied to any 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 or its summary as provided by law. Adopted by the City Council of Moses Lake and signed by its Mayor on January 26, 2021.
________________________________________________ David Curnel, Mayor
Moses Lake Council Packet 1-26-21, Page 52 of 139
Attest:
__________________________________________
Debbie Burke, City Clerk
APPROVED AS TO FORM:
__________________________________________
Katherine L. Kenison, City Attorney
Vote: Riggs Liebrecht Myers Jackson Curnel Eck Hankins
Aye
Nay
Abstain
Absent
Date Published: February 1, 2021 Date Effective: February 6, 2021
Moses Lake Council Packet 1-26-21, Page 53 of 139
Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Melissa Bethel, Community Development Director
Date: January 14, 2021
Proceeding Type: Consent Agenda
Subject: Grant County Recording Fee Interlocal Agreement
Legislative History:
• First Presentation: January 26, 2021
• Second Presentation:
• Action: Motion
Overview
The City of Moses Lake made a formal request to the Board of County Commissioners to receive a
portion of the County Recording Document Fee funds, in accordance with RCW 36.22.179(a). In
prior conversations with Grant County Treasurer Darryl Pheasant, the City’s portion would be
approximately 23% of the revenue generated from the County Recording Document Fees. The
County Commissioners have granted the request and have developed an interlocal agreement
establishing the policies and governance for the distribution and use of funds. This interlocal
agreement would provide an additional revenue stream to fund the programs that are directed at
ending homelessness within our community.
Fiscal and Policy Implications
The interlocal agreement would provide the City with 23% of the County Recording Document Fee
revenue that is collected per RCW 36.22.179. Broad estimations based on prior fiscal year revenue
generated through this fund would provide approximately $135,000 per year, distributed on a
quarterly basis.
Council Packet Attachments
A. Recording Fee Surcharge Distribution Interlocal Agreement
Finance Committee Review
N/A
Moses Lake Council Packet 1-26-21, Page 54 of 139
Page 2 of 2
Legal Review
N/A
Options
Option Results
• Authorize as presented Authorize City Manager to execute interlocal
agreement for the City to receive this funding
• Provide staff with changes N/A
• Take no action. The City would not receive the distribution of the
Recording Document Fee Surcharge
Action Requested
Staff recommends that City Council authorize the City Manager to execute the interlocal
agreement to bolster the revenue streams supporting the City’s work to address homelessness.
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STAFF REPORT
To: Allison Williams, City Manager
From: Brett Bastian, Fire Chief
Date: January 21, 2021
Proceeding Type: Consent Agenda
Subject: Ambulance Billing Termination Agreement
Legislative History:
• First Presentation: January 26, 2021
• Second Presentation:
• Action: Motion
Overview
The City is proposing to terminate ambulance billing services with EF Recovery. A request for
proposals to select a new ambulance billing company closes on February 4, 2021. Upon selection
of a new billing company, we would move ambulance billing to the new company at the mutual
agreed upon termination date of the billing contract with EF Recovery.
Fiscal and Policy Implications
Transfer of billing responsibility from this company will require a contract with a new company that
is to be selected from respondents to our currently posted request for proposals.
Council Packet Attachments
A. 2012 EMS Billing Contract between the City and EF Recovery
B. Termination of EMS Billing Services Agreement
Finance Committee Review
N-A
Moses Lake Council Packet 1-26-21, Page 63 of 139
Page 2 of 2
Legal Review
Type of Document Title of Document Date Reviewed
Contract Termination of EMS Billing
Service Agreement
January 21, 2021
Options
Option Results
• Authorize as presented Allows staff to move forward with termination of the
current EMS billing contract.
• Provide staff with changes Staff will make recommended changes.
• Take no action. We would retain our existing billing contract.
Action Requested
Staff recommends Council authorize the termination of the existing billing contract after selection
of a new ambulance billing company.
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TERMINATION OF EMS BILLING SERVICES AGREEMENT
1. Parties: City of Moses Lake, Washington, a noncharter code city, and E&F Recovery, LLC, dba EF
Recovery, a Washington limited liability company.
2. Agreement: EMS Billing Services Agreement executed by the parties on May 9, 2012 (attached
hereto as Exhibit A).
The Parties mutually agree to waive the 120 day notice of termination without cause requirement set
forth in Section 4 of the Agreement and mutually agree to a termination date effective __________,
2021.
CITY OF MOSES LAKE EF RECOVERY
_________________________ __________________________
By: City Manager By:_______________________
Title:_____________________
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STAFF REPORT
To: Mayor David Curnel, Council Members
From: Allison Williams, City Manager
Date: January 21, 2021
Proceeding Type: Consent Agenda
Subject: Prchal/Herring Purchase and Sale Agreements
Legislative History:
• First Presentation: January 26, 2021
• Second Presentation:
• Action: Motion authorizing purchase
Overview
The City has been working to develop new sources in the shallow Moses Lake aquifer to build
source redundancy as a hedge against long-term reliability issues in the deep Moses Lake aquifer
that currently supplies the City. This strategy requires confirmation of authority of long-standing
City water right claims (under appeal with Ecology) and purchasing and transferring existing
water rights in that aquifer. City Council previously approved the Kaufmann purchase, which is
proceeding through permitting. Three additional Purchase and Sale Agreements are detailed
below:
1. Herring PSA #1: The City plans to purchase up to 274.5 afy at $2,500 / afy of
Certificate 766(D) for a total purchase price of $686,250.
2. Herring PSA #2: The City plans to purchase up to 63 afy at $2,500 / afy of Certificate
807-D(B) for a total purchase price of $157,500.
3. Prchal PSA #1: The City plans to purchase up to 172 afy at $2,200 / afy of Certificate
G3-*00821S and up to 172 afy at $2,200 / afy of Certificate G3-*00862C for a total
purchase price of $756,800.
In each case, the City is putting a portion of the purchase price in escrow, and the balance will be
due on a per acre-foot basis approved by Ecology up to the full amount of the water right at
Closing. Closing is expected to occur in mid-to-late 2021 for these PSA’s following Ecology
review.
Fiscal and Policy Implications
The City has a water rights fund from which the purchase amount would be drawn. Adequate fund
balance exists for this purchase. These purchases were reviewed in Executive Session in lieu of City
Council Finance Committee.
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Page 2 of 2
Council Packet Attachments
A. Purchase and Sale Agreements
Finance Committee Review
N/A
Legal Review
Type of Document Title of Document Date Reviewed
PSA Herring (2), Prchal (1) December 2020
Options
Option Results
• Authorize the Purchase and Sale
Agreements
City Council authorizes the City Manager to
execute the agreements
• Take no action. The City would not acquire the water rights.
Action Requested
City Council has authorized staff to pursue water rights purchases within available budgets to serve
future growth. Staff recommends entering into the purchase and sale agreements.
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WATER RIGHT PURCHASE AND SALE AGREEMENT
THIS WATER RIGHT PURCHASE AND SALE AGREEMENT ("Agreement") is entered into as of the 28th day
of December, 2020 between the City of Moses Lake, a municipal corporation ("Moses Lake” or “the City"
or “Buyer”) and Prchal & Sons LLC, a Washington Limited Liability Company ("Seller"), collectively
termed "The Parties". This PSA memorializes the terms and conditions for the City’s agreement to
purchase water rights from the Seller.
The Parties agree as follows:
1. Description of Water Right – Background. Seller is the owner of Parcel 160327000 and certain
legally-established Water Rights, described by the Department of Ecology (Ecology) as
Certificates G3-*00821S and G3-*00862C, which authorizes the use of water from a well for
irrigation of up to 80 acres west of the City. Details of each respective water right are
described below.
A) Superseding Water Right Certificate G3-*00821S was issued by Ecology in 2020 as part of
a 2015 Report of Examination Approval. The Parties understand that Seller owns land to
which 400 gpm and 172 acre-feet/year (afy) of this water right are appurtenant.
B) Superseding Water Right Certificate G3-*00862C was issued by Ecology in 2020 as part
of a 2015 Report of Examination Approval. The Parties understand that Seller owns land to
which 400 gpm and 172 acre-feet/year (afy) of this water right are appurtenant.
2. City Authority. The City has authority to enter into this PSA as a municipal entity with
responsibility for managing water within its jurisdiction. The City is interested in purchasing the above-
referenced water right authority, inclusive of all instantaneous and annual quantities that are valid
under Ecology’s interpretation and the laws of the State of Washington that can be transferred for
municipal use by the City, subject to the conditions set forth in this Agreement.
3. Purchase Price. The purchase price shall be based on $2,200 / afy. If 344 afy are found valid and
transferred to the City as a primary additive water right to the City’s portfolio, the total purchase price
shall be seven hundred fifty-six thousand eight hundred dollars ($756,800). In the event that Ecology
finds a different quantity valid and transferrable, the purchase price shall be $2,200 / afy times the
annual quantity transferred.
4. Due Diligence Period. Buyer shall have 21 days from the date of mutual execution of and
delivery of this Agreement to perform a due diligence review of the Water Right and water use
information from the Seller (Due Diligence Period). Seller acknowledges that Buyer’s due diligence
review of the Water Right (Due Diligence) will include evaluation by Buyer and consultation with the
State and Ecology as to the nature, extent, quantity, and validity of the Water Right. Seller shall provide
or make available to Buyer the following items within five (5) business days after execution of this
Agreement if the items are reasonably discoverable and/or available:
1. Copies of all appraisals, surveys, evaluations, or audits of the Water Right;
2. All documents reflecting Seller’s use of the Water Right, including without limitation,
irrigation records, crop records, aerial photographs, energy records or power bills, and tax records;
3. Any other documents and information in the possession or control of Seller and pertaining to
the Water Right; and
4. All other items which Buyer deems reasonably necessary to conduct its review of the Water
Moses Lake Council Packet 1-26-21, Page 98 of 139
Right.
Buyer may consult with Ecology on the likely success of the proposed transfer during the Due Diligence
Period and throughout the term of this Agreement. If Buyer is unsatisfied with the documents provided,
it may terminate this Agreement prior to the expiration of the Due Diligence Period with no further
commitment or liability to the Seller. If Buyer is satisfied with the documents provided, it shall deposit
Earnest Money into Escrow as described more fully below.
The purchase of this Water Right pursuant to this Agreement is expressly conditioned on the receipt of
the necessary final approvals from Ecology, on reasonable terms and conditions satisfactory to Buyer in
its sole discretion, for change and transfer of said Water Right.
5. Escrow Holder. The Parties designate Cascadia Law Group to serve as Escrow Holder hereunder
("Escrow Holder"). Within 30 days of execution of this PSA, Buyer shall provide a fully executed
counterpart of this Agreement to Escrow Holder along with executed written escrow instructions and
open the escrow account. Within 30 days following the conclusion of the Due Diligence Period to the
Buyer’s satisfaction , Buyer shall deposit $40,000 Earnest Money into Escrow, which shall be credited
against the final purchase price to the Seller if Ecology approves the transfer to Buyer’s satisfaction, or
refunded in full to the Buyer if said transfer is denied by Ecology or the terms and conditions of change
and transfer are determined unreasonable by Buyer.
6. Ecology Approval. Upon expiration of the Due Diligence Period, Buyer shall have three (3)
months to seek Ecology Approval to transfer and use the Water Right for Buyer’s purposes (the
“Transfer Application Period”). Buyer’s obligation to proceed to Closing and to the purchase the Water
Right is expressly made contingent on obtaining the Approval, unless Buyer waives said condition as
provided in Section 7 below. Seller will cooperate with Buyer in obtaining the Water Rights Approval
and will, at Buyer’s request, sign any applications necessary for such Ecology approval. Seller agrees to
execute affidavits from one or more individuals attesting to historical use of water to provide evidence
regarding the nature, extent, and validity of the Water Right or to obtain the same from previous
owners and provide to Buyer. In response to any questions or requests for additional information from
Ecology, Seller will cooperate with Buyer by providing additional information or documents, allowing
access and physical inspection to the land on which the Water Right was used, and taking other
reasonable actions necessary to obtain approval. In the event that Buyer experiences a delay in
obtaining necessary State and Ecology approvals, through no fault of Buyer, then Buyer may extend the
Transfer Application Period for an additional six (6) months. Buyer shall provide written notice to Seller
and Escrow Holder of such Transfer Application Period extension.
7. Conditions Precedent to Closing. Buyer’s obligations under this Agreement are expressly
conditioned on, and subject to satisfaction of the following conditions precedent:
7.1 Performance by Seller. Seller shall have timely performed all obligations required by
this Agreement to be performed by Seller.
7.2 Representations and Warranties True. The representations and warranties of Seller
contained herein shall be true and correct as of the Closing Date.
7.3 Title. Buyer shall have reviewed and approved the condition of title to the Water Right.
7.4 Ecology Approval. Buyer shall have determined in its sole discretion that it has obtained
the Water Rights Approval during the Transfer Application Period.
Moses Lake Council Packet 1-26-21, Page 99 of 139
The foregoing conditions contained in this Section 7 are intended solely for the benefit of Buyer. If any
of the foregoing conditions are not satisfied, Buyer shall have the right at its sole election either to waive
the condition in question and proceed with the purchase or to terminate this Agreement upon written
notice to Seller and Escrow Holder whereupon this Agreement shall automatically terminate, the
Earnest Money Payment shall be refunded in full to Buyer, and neither party hereto shall have any
further rights or obligation hereunder.
8. Title to Water Right. Seller shall convey to Buyer at Closing marketable fee simple title to the
Water Right by execution and delivery of a statutory warranty deed to the Water Right in form and
substance satisfactory to Buyer and Buyer’s counsel, free and clear of all liens, exceptions, and other
encumbrances except those approved by Buyer during the Due Diligence Period. Seller represents and
warrants that as of the date of this Agreement, there are no liens, exceptions, or other encumbrances
which affect the Water Right.
9. Operations Pending Closing. Seller hereby agrees from and after the date hereof until the
Closing or the termination of this Agreement to perform all of its material obligations under any existing
mortgages, leases, contracts, licenses, and permits that may be applicable to the real property to which
the Water Right is appurtenant.
10. Seller Actions Regarding Water Right. Seller shall not take or permit any action that could be
construed as abandonment or relinquishment of the Water Right in whole or in part.
11. Condition of Title. Seller hereby agrees from and after the date hereof until the Closing or the
termination of this Agreement that Seller will not:
(a) Take any action that will adversely affect title to the Water Right or the property to which
said Water Right is appurtenant;
(b) Lease, rent, mortgage, encumber, or permit the encumbrance of all or any portion of the
Water Right or the property to which said Water Right is appurtenant; without the prior
written consent of Buyer, which Buyer may grant or withhold in its sole and absolute
discretion.
12. Closing. Subject to 12.1 below, the Closing hereunder (“Closing”) shall be held and delivery of
all items to be made at the Closing under the terms of this Agreement shall be made at the offices of the
Escrow Holder ten (10) business days following final Ecology Approval (which includes the running of all
appeal periods) or such other date as Buyer and Seller may mutually agree in writing (the “Closing
Date”). All documents shall be deemed delivered on the date that the Deed(s) conveying the Water
Right is recorded.
12.1 Closing Date Extension by Seller. Seller has applied for a Water Service Contract with
Quincy-Columbia Basin Irrigation District (QCBID) to deliver Columbia Basin Project water to the land
which the Water Rights subject to this Agreement are appurtenant. Seller’s application for the Water
Service Contract is in QCBID’s Active Queue, pending approval. If, prior to the Closing Date, Seller
receives notice that Seller’s Water Service Contract application will not be approved by QCBID within
seven (7) business days following the Closing Date, Seller may postpone the Closing Date by up to ninety
(90) days upon written notice to Buyer.
Moses Lake Council Packet 1-26-21, Page 100 of 139
12.2 Delivery by Seller. On or prior to the Closing Date, Seller shall deposit with the Escrow
Holder the following:
(a) Statutory Warranty Deed conveying fee simple title to the Water Right free and clear of all
liens, encumbrances, or other defects in substantially the same form set forth in Exhibit A duly executed
and acknowledged by Seller in recordable form, and ready for recordation on the Closing Date together
with a duly executed real estate excise tax affidavit;
(b) Affidavit executed by Seller that satisfies Section 1445 of the United States Internal Revenue
Code regarding foreign investors (the “FIRPTA Affidavit”). The purpose of the FIRPTA (26 U.S.C. 1445) is
to collect taxes due on sale of real estate owned by foreign individuals or entities which do not pay US
taxes. This Affidavit is a statement by the Seller that they are not a foreign investor and pay taxes to the
United States Internal Revenue Service.
(c) Confirmation of warranties made by Seller under this Agreement;
(d) Such resolutions, authorizations, certificates, or other documents or agreements relating to
Seller as shall be reasonably required by Buyer, Escrow Holder, or Title Company in connection with this
transaction.
12.3 Delivery by Buyer. On or prior to the Closing Date, Buyer shall deposit with Escrow
Holder the Purchase Price, in cash or immediately available funds, less the value of the Earnest Money
Payment pursuant to Section 5.
12.4 Costs and Expenses. Seller shall pay any and all real estate excise taxes and cost of any
documentary or other transfer taxes applicable to the sale of the Water Right. Buyer shall pay the cost
of the premium for a policy of title insurance, if any, and the cost of any endorsements Buyer requests,
and the cost to record the Statutory Warranty Deed. Each party shall pay one half of the escrow fees
payable to the Escrow Holder. Each party is responsible for its own fees and expenses of legal counsel,
consultants, and agents; provided, however, that Buyer shall pay for any consulting costs and
administrative fees associated with establishing clear title for the Water Right and obtaining approval for
the permanent transfer of the Water Right.
12.5 Recordation. Provided that Escrow Holder has not received prior written notice that any
condition set forth herein has not been fulfilled or that either party has elected to terminate its rights
and obligations hereunder in accordance with the terms and conditions of this Agreement, Escrow
Holder is authorized and instructed at 8:00 a.m. (or as soon thereafter as possible) on the Closing Date
to:
(a) Record the Statutory Warranty Deed in the official records of Grant County,
Washington;
(b) Deliver the FIRPTA Affidavit and all other documents described in Section 12 to
Buyer;
(c) Deliver to the parties their respective closing statements in the form
customarily prepared by the Escrow Holder; and
(d) Deliver the purchase price to Seller less Seller’s portion of Closing Costs.
13. Representations and Warranties. In order to induce Buyer to enter into this Agreement and the
transactions contemplated hereby, Seller makes the following representations and warranties as of the
date of this Agreement and again as of the Closing Date:
13.1 Title. As of the Closing Date, Seller shall possess good, marketable title to the Water
Moses Lake Council Packet 1-26-21, Page 101 of 139
Right, free and clear of all liens, encumbrances, and exceptions except those approved by Buyer in
writing during the Due Diligence Period, and Seller is aware of no matters which adversely affect title
thereto. Seller has perfected the Water Right and the Water Right has neither been abandoned nor
relinquished and there is no impediment, legal or otherwise, to the use of the Water Right.
13.2 No litigation. There is no claim, litigation, action, arbitration, legal, administrative, or
other proceeding, investigation, or inquiry pending or threatened against the Water Right or the
property to which it is appurtenant, or pending or threatened against Seller which could affect Seller’s
title to the Water Right or the property to which it is appurtenant, or affect the value of use of the
Water Right, or subject Buyer of the Water Right, to liability, nor is there any basis known to Seller for
any such claim, litigation, action, arbitration, proceeding, investigation, or inquiry.
13.3 No Leases. There are no leases, licenses, permits, assignments, or other agreements
granting any person the right to use the Water Right or any portion thereof.
13.4 No Prior Options, Sales, Leases, or Assignments. Seller has not granted any options, right
of first refusal, or entered into any other agreement that would commit or obligate Seller in any manner
whatsoever to sell or lease the Water Right, or any portion thereof, to any party other than Buyer.
13.5 No Defaults. Neither the execution of this Agreement, the consummation of the
transactions contemplated hereby (so long as the Water Right transfer application is approved by
Ecology), nor the fulfillment of the terms hereof, will conflict with or result in a breach of any of the
terms, conditions, or provisions of, or constitute a default under, any agreement or instrument which
affects Seller or the Water Right or any portion thereof or to which Seller or the Water Right are subject
or any applicable law, rule, or regulation of any governmental body having jurisdiction over Seller or the
Water Right.
13.6 Reports. All certificates and documents containing factual information to be delivered by
Seller or by Seller’s agents in connection with this Agreement, are and shall, to the best of Seller’s
knowledge, be true and correct and do not and shall not contain any untrue statement of material fact
or omit to state any material fact the disclosure of which is necessary to make the statements contained
therein and herein, in light of the circumstances under which they are made, not misleading.
13.7 Brokerage Commissions, Fees, and Costs. Brokerage commissions, fees and costs of
consultant Landau Associates, Inc, are to be borne by Seller. Fees and costs of consultant Aspect
Consulting LLC are to be borne by Buyer.
13.8 No Other Water Rights. No water rights, other than the Water Right that is the subject of
this Agreement, are associated with or available for use on the property to which this Water Right is
appurtenant.
Each of the above representations and warranties is material and has been relied upon by the Buyer in
making its decision to enter into this Agreement, and shall survive the Closing of the purchase of the
Water Right contemplated by this Agreement.
14. Notices. All notices to be given by either party to the other pursuant to this Agreement shall be
in writing and shall be deemed to have been duly given if delivered personally, sent by nationally
recognized overnight delivery service, or by certified or registered mail, return receipt requested and
addressed as set forth below. Notices shall be deemed to have been given and delivered upon receipt if
hand delivered. Any party, by written notice to the other as above described, may alter the address for
receipt by it and its agents of written notices hereunder.
To Seller: Prchal & Sons LLC, address 7499 Rd L.5 NW, Quincy, WA 98848-9728
To Buyer: City of Moses Lake, Attention City Manager
Moses Lake Council Packet 1-26-21, Page 102 of 139
401 South Balsam Street
Moses Lake, WA 98837
With copy to:
Katherine Kenison, City Attorney
406 W. Broadway Avenue, Suite D
Moses Lake, WA 98837
15. Risk of Loss. All risk of loss shall remain with Seller until Closing, including diminution in the
quantity of the Water Rights through any cause whatsoever, including amendment to laws or
regulations.
16. Time of the Essence. Time is of the essence of this Agreement.
17. Entire Agreement; Modification; Waiver. This Agreement constitutes the entire agreement
between Buyer and Seller pertaining to the subject matter contained herein and supersedes all prior and
contemporaneous agreements, representations, and understandings. No modification, termination, or
amendment of this Agreement may be made except by written agreement signed by both parties. No
waiver of any of the provisions of this Agreement shall be deemed or shall constitute a waiver of any
other provision, whether or not similar, nor shall any waiver constitute a continuing waiver. No waiver
shall be binding unless executed in writing by the party making the waiver. All terms, provisions, and
conditions of this Agreement shall inure to the benefit of and be enforceable by Seller, Buyer, and their
respective heirs, successors, and permitted assigns.
18. Survival. All provisions of this Agreement which involve obligations, duties, or rights which have
not been determined or ascertained as of the Closing Date or the recording of the Deed to the Water
Rights and all representations, warranties, and indemnifications made in or to be made pursuant to this
Agreement shall survive the Closing Date and/or the recording of the Deed to the Water Rights.
19. Memorandum of Agreement. Seller shall execute, acknowledge, and deliver to Buyer,
simultaneous with the execution hereof, a memorandum of this Agreement in a form provided by Buyer
and acceptable to Seller, which shall, at Buyer’s option, be recorded in the real property records of
Grant County.
20. No Merger. The obligations contained in this Agreement, except for those specifically
discharged in escrow (such as conveyance of title to the Water Rights and delivery of money and
documents in the escrow), shall not merge with transfer of title but shall remain in effect until fulfilled.
21. Remedies Upon Default. In the event that Seller defaults in the performance of any of Seller’s
obligations under this Agreement, Buyer shall have the right to (a) demand and have specific
performance of this Agreement, or (b) terminate this Agreement upon written notice without liability to
Seller in which event Escrow Holder shall promptly return the Earnest Money Payment, together with
any investment interest thereon, to Buyer as liquidated damages and not as a penalty. In the event
Buyer defaults, without legal excuse, in the performance of any of its obligations under this Agreement,
the Earnest Money Payment made by Buyer shall be forfeited to Seller as liquidated damages and not as
a penalty for Buyer’s breach as the sole and exclusive remedy available to Seller for such default.
Moses Lake Council Packet 1-26-21, Page 103 of 139
Moses Lake Council Packet 1-26-21, Page 104 of 139
Moses Lake Council Packet 1-26-21, Page 105 of 139
Moses Lake Council Packet 1-26-21, Page 106 of 139
Moses Lake Council Packet 1-26-21, Page 107 of 139
Water Right Statutory Warranty Deed Page 1 of 5
Upon Recording Return to:
DOCUMENT TITLE: WATER RIGHT STATUTORY WARRANTY DEED
GRANTOR: PRCHAL & SONS, LLC
GRANTEE: CITY OF MOSES LAKE
PARTIAL LEGAL DESCRIPTION: N ½ OF SECTION 31, T. 18 N., R. 26 E.W.M.
ASSESSOR’S TAX PARCEL NO.: 160327000
WATER RIGHT STATUTORY WARRANTY DEED
The GRANTOR, Prchal & Sons, LLC, a, a Washington Limited Liability Company (Prchal), in consideration of Ten and no/100 Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, conveys and warrants to City of Moses Lake, a
Washington Municipal Corporation (Moses Lake), the water rights arising under or related to
Superseding Certificate of Water Right numbers G3-*00821S (853-D) and G3-*00862C (356-A). The
portion of the water rights conveyed under this Statutory Warranty Deed are more fully described on Exhibit A attached hereto and incorporated herein by reference, which water rights are appurtenant to the real property situated in the County of Grant, State of Washington.
Exhibit A
Moses Lake Council Packet 1-26-21, Page 108 of 139
Water Right Statutory Warranty Deed Page 2 of 5
DATED THIS ____ of _____________, 2020.
Grantor: Prchal & Sons, LLC, a Washington limited liability company
_________________________________ By: David Prchal, Its: Member
Moses Lake Council Packet 1-26-21, Page 109 of 139
Water Right Statutory Warranty Deed Page 3 of 5
STATE OF WASHINGTON ) )ss.
COUNTY OF _______________) I certify that I know or have satisfactory evidence that David Prchal is the person who appeared before me, and that person acknowledged signing this instrument, on oath stated his authority to execute the instrument and acknowledged it as the authorized agent of Prchal & Sons, LLC, on behalf of whom instrument was executed to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument. SUBSCRIBED and SWORN to before me this ____ day of _____________, 2020. ________________________________
NOTARY PUBLIC in and for the State of Washington, residing at ___________________. My Commission expires:____________
Moses Lake Council Packet 1-26-21, Page 110 of 139
Water Right Statutory Warranty Deed Page 4 of 5
Exhibit A: Water Rights Water Right No. 1
Certificate of Water Right No: G3-*00821S (853-D)
Source: Groundwater, Grant County, Water Resource Inventory Area 41- Lower Crab
Purpose of Use: Irrigation of 40 Acres Period of Use: April 1 to October 31 Quantity: 400 gallons per minute, 172 acre-feet per year Priority Date: May 5, 1937 Points of Withdrawal: Well 1: Parcel 160325000, Well Tag AAN528, 18N, 26 E, Section 30, NE ¼ SE ¼, Latitude 47.02081 Longitude 119.59971 Well 2: Parcel 160325000, Well Tag AAN529, 18N, 26 E, Section 30, SE ¼ SE ¼, Latitude 47.01941 Longitude
119.60473 Well 3: Parcel 160325000, Well Tag AAN530, 18N, 26 E, Section 30, SE ¼ SE ¼, Latitude 47.01978 Longitude
119.60300 Place of Use: Irrigation use within NE ¼ of Section 31, T. 18 N., R. 26 E. W.M., Grant County. Beginning at the northeast corner of Section 31; thence west 2,650 feet of the point of beginning for this legal description; thence south 1,530 feet to the center of the irrigation pivot; thence east 1,530 feet to the east boundary of the pivot; thence northwesterly along the pivot radius to the point of beginning.
Moses Lake Council Packet 1-26-21, Page 111 of 139
Water Right Statutory Warranty Deed Page 5 of 5
Water Right No. 2
Certificate of Water Right No: G3-*00862C (356-A) Source: Groundwater, Grant County, Water Resource Inventory Area 41- Lower Crab Purpose of Use: Irrigation of 40 Acres
Period of Use: April 1 to October 31 Quantity: 400 gallons per minute, 172 acre-feet per year Priority Date: May 18, 1948
Points of Withdrawal: Well 1: Parcel 160325000, Well Tag AAN528, 18N, 26 E, Section 30, NE ¼ SE ¼, Latitude 47.02081 Longitude 119.59971 Well 2: Parcel 160325000, Well Tag AAN529, 18N,
26 E, Section 30, SE ¼ SE ¼, Latitude 47.01941 Longitude 119.60473 Well 3: Parcel 160325000, Well Tag AAN530, 18N, 26 E, Section 30, SE ¼ SE ¼, Latitude 47.01978 Longitude 119.60300 Place of Use: Irrigation use within NW ¼ of Section 31, T. 18 N., R. 26 E. W.M., Grant County. Beginning at the northeast corner of Section 31; thence west 2,650 feet of the point of beginning for this legal description; thence south 1,530 feet to the center of the irrigation pivot; thence west 1,530 feet to the west boundary of the pivot; thence northwesterly along the pivot radius to the point of beginning.
Moses Lake Council Packet 1-26-21, Page 112 of 139
Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Cindy Jensen, Finance Director
Date: January 22, 2021
Proceeding Type: New Business
Subject: Financial Policy
Legislative History:
• First Presentation: January 26, 2021
• Second Presentation: February 9, 2021
• Requested Action: Review
Overview
In our review of Council actions regarding financial policies, we were only able to find a policy
approved in 2010 that only addressed the General Fund reserve balance. This policy set a
minimum fund balance of 10% of budgeted revenues and discussed establishing a contingency
reserve that would be in excess of that amount. We have, however, been operating informally
using these guidelines for several years, and have been prudent in managing the City’s financial
affairs.
Comprehensive financial policies are important to having a strategic long-term approach to
financial management. They will help the City:
• Institutionalize good financial management practices. Formal policies would extend past
individual tenures and so promote stability and continuity. They prevent the need to “re-
invent” responses to recurring issues.
• Clarify the strategic intent for financial management. They define an understanding of how
the City will manage its resources to provide the best value to the community.
• Define boundaries. The policy framework provides the boundaries within which staff can
innovate to realize our strategic intent.
• Support good bond ratings which could reduce the cost of borrowing.
• Promote long-term and strategic thinking. There is a focus on sustainability.
• Manage risks to financial condition. A key component of governance accountability is not to
incur excessive risk in the pursuit of public goals. Financial policies identify important risks to
financial condition.
Moses Lake Council Packet 1-26-21, Page 113 of 139
Page 2 of 2
• Comply with established public management best practices. The Government Finance
Officers Association (GFOA) has published best practices that have been vetted over the
years by successful implementation throughout many public organizations.
Fiscal and Policy Implications
It is prudent for Council to take the step of formalizing financial policies. There are some things in
this policy that we are not doing consistently at this point in time. Items that are not yet
completed are highlighted in yellow in policy document. These include the Capital Facilities Plan
that is required by the Growth Management Act. The company working on our Comprehensive
Plan update has indicated they will help us get this document properly drafted. It also references
a Five-Year projection for General Fund, which is still a future goal. We have a purchasing policy
being used by staff, but we are also working on developing a more formal policy.
Finance Committee Recommendation
This policy was presented to the Finance Committee at their December 8, 2020 meeting for
review. We discussed the policy at their January 12 meeting, and the Committee recommended
that it go to the full Council.
Attachments
A. Financial Management Policy
Legal Review N/A
Options
Option Results
• Review the Financial Management
Policy
Staff is recommending that Council discuss the
policy at the first reading but postpone
approval until the next business meeting.
• Modify the Policy Provide staff with specific changes, which
would then need to be incorporated for
approval at the February 9, 2021 meeting
• Take no action Staff would still endeavor to manage the City in
a fiscally prudent way.
Staff Recommendation
Because this is a major policy document for the City, staff is recommending that we review it at
the January 26, 2021 meeting and approve it at the February 9, 2021 meeting.
Moses Lake Council Packet 1-26-21, Page 114 of 139
City of Moses Lake, Washington
Financial Management Policy &
Stewardship of Public Funds
Allison Williams, City Manager
Cindy Jensen, Finance Director
401 S. Balsam Street
Moses Lake, WA 98837
Moses Lake Council Packet 1-26-21, Page 115 of 139
Table of Contents
Introduction …………………………………………………………… 1
Policy Statement
Lines of Authority ……………………………………………………. 2
Moses Lake City Council
City Manager
Finance Department
Department Directors
Accounting Records and Reports …………………………………. 2
Basis of Accounting
Basis of Budget
Fund Accounting
Financial Reporting
Audit
Capital Asset Accounting
Reserve Fund Balance Policies …..……………………………… 5
General Government
Utility Enterprise
Other Enterprise
Debt Service
Equipment Replacement
Non-Enterprise Capital
Risk Management
Other Funds
Moses Lake Council Packet 1-26-21, Page 116 of 139
Financial Planning …………………………………………………… 8
5 Year Financial Planning Model
Budget Development
Budget Management
Revenues ….……………….…………………………………………… 10
Fees and Charges
Utility Rates and Capital Fees
Expenditures …………………………………………………………… 12
Capital Facilities Plan ………….……………..……………………… 13
Cash Management and Investment ……………………………….. 15
Purchasing …………………………………………………………….. 15
Capital Financing and Debt Management ….…………………… 16
Policy on Debt Issuance and Management
Long-term Borrowing
Term of Debt
Interim Financing
Utility Improvements
Debt Issue
Debt Issuance Team
Bond Proceeds
Disclosure
Pension / Other Post-employment Benefits (OPEB) ….…………. 18
Moses Lake Council Packet 1-26-21, Page 117 of 139
Page 1
City of Moses Lake
FINANCIAL MANAGEMENT POLICY
& STEWARDSHIP OF PUBLIC FUNDS
Policy Statement
The City of Moses Lake is committed to the highest standards of financial
management. The City Council, City Manager, and staff will work together to
ensure that all financial matters of the City are addressed with care and integrity
and with the best interests of the City in mind.
The City Council and staff shall comply with the guidelines set forth herein. Any
recommended deviation from these policies shall be clearly identified in
appropriate written documentation (e.g., staff report, resolution, or budget
presentation). These policies are intended to be applied in conjunction with
requirements set forth in state law, the City of Moses Lake Municipal Code, and
Generally Accepted Accounting Principles (GAAP). In the case of any conflict,
the provisions of such laws, ordinances, or GAAP will control.
The rules and procedures contained in this section are designed to:
• Protect the assets of the City of Moses Lake.
• Ensure the maintenance of open and accurate records of the City’s financial
activities.
• Ensure the availability of sufficient financial resources for the City to meet
both its immediate and long-term objectives.
• Provide a framework of operating standards and behavioral expectations
regarding fiscal matters.
• Ensure fiscal compliance with federal, state, and local legal and reporting
requirements.
• Provide a means for the City Council to update and monitor these policies
with the assistance and cooperation of the City Manager’s office and the
Finance Department.
Moses Lake Council Packet 1-26-21, Page 118 of 139
Page 2
Lines of Authority
Moses Lake City Council - has the authority to execute such policies as it deems
to be in the best interests of the City within the parameters of federal, state, and
local law. The Council has established a sub-committee titled “Finance
Committee” which is tasked with meeting regularly to monitor budget-related
actions and recommend direction to the City Council.
City Manager - has the authority to oversee the development of the budget,
make spending decisions within the parameters of the approved budget subject
to Council authorized spending limits, make capital asset purchase decisions,
and make decisions regarding the allocation of expenses within designated
parameters. Unless otherwise specified in this document, the City Manager is
responsible for complying with the directives listed herein.
Finance Department - has the authority to develop
the budget, review the organization’s financial
activity, determine the allocation of investment
deposits, assure that adequate internal controls are
in place, communicate financial status, and to
administer the financial policies and procedures of
the City.
Department Directors- have the authority to expend City funds within approved
budget authority and in accordance with procedures prescribed by the City
Manager, and to recommend spending requests, within the parameters of the
approved budget process, to the City Manager/City Council.
The City maintains a comprehensive set of internal controls to protect the City’s
assets and sustain the integrity of its financial systems. Managers at all levels are
responsible for implementing the City’s Financial Policies, sound internal
controls, and for the regular monitoring and measuring of their effectiveness.
Accounting Records and Reports
Basis of Accounting
The City’s Comprehensive Annual Financial Report (CAFR) on its financial
activity shall be presented in compliance with Generally Accepted Accounting
Moses Lake Council Packet 1-26-21, Page 119 of 139
Page 3
Principles (GAAP) as defined by the Governmental Accounting Standards Board
(GASB).
• The City will establish and maintain a high standard of internal controls and
accounting practices.
• The accounting system will maintain records on a basis consistent with
accepted standards for local government accounting and the State of
Washington Budgeting, Accounting, and Reporting Systems. (BARS)
Basis of Budget
• The City budget is presented on a modified accrual basis of accounting.
Fund Accounting
The City of Moses Lake’s accounting and budgeting systems use fund accounting
consistent with guidance provided by the GASB and the Washington State
Auditor’s Office. The funds are grouped into categories as prescribed by the
State Auditor’s Office and/or other regulatory authority. Funds can be created as
needed by ordinance, or through the budget ordinance.
The Finance Department shall assure that the status and transactions of each
account and their relationship to budget authority is clear.
Financial Reporting
• The annual financial report shall conform to
Generally Accepted Accounting Principles and be in
the form of a Comprehensive Annual Financial
Report (CAFR).
• The CAFR shall be comprehensive, completed in
a timely manner, and meet or exceed professional
industry standards established by the GFOA.
• The City’s budget documents shall include multi-year comparisons (i.e.
prior year actual, current year budget and actual year-to-date, and next year
proposal)
• Revenue and expenditure reports shall be prepared quarterly,
presenting a summary of financial activity by major types of funds,
and shall include a comparison of actual versus budgeted revenues
and expenditures to ensure adherence to the approved budget.
Moses Lake Council Packet 1-26-21, Page 120 of 139
Page 4
• All published reports will be available via the City’s website, and reviewed
regularly by the City Council Finance Committee.
Audit
The City shall commission an annual audit of the City’s financial reports and
related records to be conducted by the Washington State Auditor’s Office, as
required by state law. At the conclusion of the audit, the auditor shall be
available to brief the City Council and City Manager on the financial opinion and
the audit made available to the public via the City’s website.
Capital Asset Accounting
An effective capital asset accounting system is important in managing the city’s
capital asset investment.
• The City will maintain a schedule of individual capital assets with values in
excess of $5,000 and an estimated useful life of more than one year. All items
with an original value of less the $5,000, or with an estimated useful life of
one year or less, will be recorded as operating expenditures.
• A fixed asset system will be maintained to identify all City assets and their
location.
• The City shall maintain a listing, outside of the capital asset system, of all
electronic devices and shall conduct a periodic physical inventory. It is the
responsibility of each Department to keep track of any other small and
attractive equipment (i.e. with a cost less than $5,000) that is also subject to
shrinkage.
• The City’s Fleet Management Division shall maintain a Fleet Master Listing of
all vehicles and other large motorized equipment (lawn mowers, backhoes,
etc.). Inventory control of the City’s vehicles shall be maintained through the
fleet maintenance program.
• Non-infrastructure capital assets of the City shall be inventoried on a two
year cycle.
• Adequate insurance will be maintained on all capital assets consistent with
the results of the physical count/inspection.
Moses Lake Council Packet 1-26-21, Page 121 of 139
Page 5
Reserve Fund Balance Policies
The General Fund reserve is established at a minimum to provide cash flow
protection and contingency needs, but there are principal reasons for building
cash reserves:
• Large unforeseen one-time expenditures/expenses of an emergent nature, such
as a catastrophic event, a natural/manmade disaster (e.g. earthquake,
windstorm, flood, terrorist attack), or excessive liability judgments.
• Economic downturn or other unanticipated events affecting revenue growth.
• Maintain adequate cash flow to sustain operations through cyclical revenue
collections (i.e. Property Tax is collected in April and October).
• Reasonable cash reserves are needed to maintain favorable credit ratings.
Sufficient fund balances and reserve levels are important to the long-term
financial stability of the City. The City shall maintain reserves required by law,
ordinance, and/or bond covenants.
Should the year-end balances drop below recommended levels, the City
Management team consisting of the City Manager, Finance Director, and
Department Director in charge of the effected fund will:
• Review operations to determine the cause of the use of Fund Balance; and
• Develop a plan to replenish the reserve levels as quickly as possible, within
a maximum of five (5) years.
Fund Overviews:
General Fund
The City shall maintain reserves in the General Fund of at least 16.7% (or 60 days)
of the total budgeted operating expenditures. This target has been met at the end
of 2019. When the General Government reserve balance exceeds 16.7%, the excess
may be used for one-time capital needs or may be transferred to capital reserves
or risk management reserves.
Moses Lake Council Packet 1-26-21, Page 122 of 139
Page 6
Utility Enterprise
• The City will maintain operating reserves of $1 million for emergency
repairs plus 45 days or 12% in the combined Water/Wastewater, Operations and
Maintenance Fund. This operating reserve shall be created and maintained to
provide sufficient cash flow to meet daily financial needs, as well as a major
emergency repair. For budgeting purposes, operating expenses will be calculated
upon the funds’ total expense budgets excluding Capital transfers and the current
year’s debt service. This balance requirement is exceeded at the end of 2019.
• The Stormwater Fund will maintain operating reserves of $100,000 for
emergency repairs plus 45 days or 12%. Since there is not a separate capital fund,
this reserve shall be created and maintained to provide sufficient cash flow to
meet daily financial needs, as well as major capital needs. This fund balance can
be built up in accordance with an approved capital plan.
• The target for reserves in the Solid Waste/Sanitation Fund and
Ambulance Fund is 45 days or 12%.
• The Water/Wastewater fund will maintain capital reserves to be funded in
accordance with applicable capital facility plans and bond covenants. Each utility
will strive to transfer a minimum of annual depreciation expense for capital
purposes (i.e. debt service principal and asset replacement). The Solid Waste
utility does not have a capital component, while capital reserves are built in the
Stormwater Fund, and the Ambulance Fund capital needs will be transferred to
and funded from Equipment Rental and Replacement and Building Maintenance
internal service funds.
Other Operating
Other Operating funds consist of Tourism Activities, Streets and Airport.
• The Tourism Activities (Hotel/Motel Tax) Fund will maintain an operating
reserve of $100,000 to address emergency maintenance of the Surf n Slide
facility.
• The Street Fund will maintain an operating reserve of 16.7% or 60 days.
• The Moses Lake Airport will maintain an operating reserve of 12% or 45 days.
• These funds will strive to fund capital replacement reserves to accumulate
sufficient funds to 1) match capital grants for asset replacement in accordance
with capital facility planning or 2) replace assets when needed to avoid
service interruption.
Moses Lake Council Packet 1-26-21, Page 123 of 139
Page 7
Debt Service
The City shall accumulate resources sufficient to make required payments in
general obligation debt service funds. Revenue Bond reserves shall be
maintained in accordance with bond covenants. All debt service reserves shall be
in addition to the operating and capital reserves of the utilities.
Equipment Replacement
• The City shall maintain an Equipment Rental Replacement Fund for all
rolling stock. Reserves shall be established for equipment acquisition and
replacement. The reserve is established regardless of whether the equipment
is acquired via lease, gift, or purchase.
• Service charges paid by City departments to the Internal Service fund should
include an amount to provide for replacements when required.
Information Technology
• Reserves for computer software and hardware, and other electronic devices
will be established should the need continue beyond the estimated initial
useful life. A separate internal service fund is to be funded by a fair and
equitable allocation formula for all operating funds using Information
Technology services.
Building Maintenance
• Reserves for major capital repair for City facilities will be established in
accordance with a 5 year capital plan. A separate internal service fund is to be
funded by a fair and equitable allocation formula for all operating funds
using City facilities.
Non- Enterprise Capital
Other capital funds will strive to build reserves sufficient to replace assets when
needed to avoid service interruption. Excess operating reserves will be
calculated at the end of each operating year, and a recommendation will be made
by the Finance Director to the City Manager to make additional transfers into
capital funds. The long-term goal is to fund at the level of annual depreciation.
Moses Lake Council Packet 1-26-21, Page 124 of 139
Page 8
Risk Management
• The City shall maintain a liability reserve fund with a balance sufficient to
fund 100% of anticipated claims reserves established by the insurance carrier.
• The Unemployment Compensation self-insurance fund shall maintain a cash
reserve equal to 100% of budgeted claims and settlement expenses.
Other Funds
Reserves shall be set through the budget process in an amount consistent with
the purpose and nature of the fund.
Financial Planning
5 Year Financial Planning Model
The City shall maintain a long-term (five-
year) financial planning model. The
financial planning model shall be based on
the currently adopted budget, and
documented assumptions, realistically
expected to occur, and will be designed in
such a way to permit analysis of
alternative strategies. The plan shall be
prepared for the General Fund and such
other funds as deemed necessary.
Budget Development
The goals of budget development are to align the budget with City Council and
citizen priorities and provide the best value for each tax dollar. The City shall
prepare a balanced budget that is consistent with state law, industry best
practices, and the 5-Year Financial Plan. The annual budget links resources with
operating programs and projects consistent with Council priorities. The budget
will fund recurring expenditures with recurring operating revenues.
In order to facilitate and implement the budget process, the City Manager will
propose an annual budget calendar at the first regular Council meeting in July.
• The budget calendar will be comprehensive in nature and generally provide
for a process that resembles the Best Practices as published by the
Government Finance Officers Association (GFOA) and in compliance with
the calendar provided in Washington State Law.
Moses Lake Council Packet 1-26-21, Page 125 of 139
Page 9
• The City of Moses Lake’s annual budget shall be prepared using the
following schedule and process as a general guide:
o Review stakeholder input such as Annual Citizen’s Survey, public forums,
neighborhood meeting notes and business community communication.
o The City Council and City Manager will conduct a goal-setting retreat
with the Department Directors
o The Finance Director prepares the budget preparation instructions and
meets with Department Directors to distribute budget instructions and
discuss budget preparation.
o The instructions will include policy priorities, estimates of compensation
adjustments, internal service and indirect charges.
o Departments will provide to Finance budget estimates and requests
conforming to the budget instructions.
o The City Manager submits a proposed balanced Preliminary Budget to the
City Council in conformance with state law.
o Balanced budget should comprise of funding recommendations for the
operating and capital budgets that do not exceed the estimated resources.
(Note: Resources are equal to the estimated beginning fund balance plus
new revenue expected to be collected in the ensuing year.)
o The City Council conducts public hearings on the proposed budget in
conformance with state law.
o The City Council sets the City’s property tax levies.
o The City Council adopts the final budget ordinance.
o The final budget document is published and posted to the City website.
Budget Management
The City will maintain a fair and equitable system to
allocate overhead and other shared costs. The
amount charged by the City for services provided
under an interlocal or similar agreement will
include a factor to cover the city’s overhead costs
when appropriate.
Annual appropriated budgets are adopted at the fund level within available
resources (i.e. new revenue and existing reserves). Operating program
appropriations not spent during the fiscal year do not automatically carry-over
into the next year and may lapse at year end.
Moses Lake Council Packet 1-26-21, Page 126 of 139
Page 10
Encumbrances are purchase orders, contracts, and other commitments for the
expenditure of funds. Outstanding encumbrances at the end of the year can be
carried forward into the next year’s budget by a formal budget appropriation
authorized by Council.
Capital projects will be budgeted by task: preliminary engineering/design, right
of way, construction engineering/management and construction; as applicable.
The capital project budget will indicate the funding source(s) by fund and grant
award, as applicable. Capital projects with budgets greater than $100,000 will be
approved by the Council through the budget process and specific capital project
approval. Capital projects exceeding the project budget by more than 10%, or
$25,000, whichever is greater, must obtain Council approval prior to the overage.
Capital budgets are considered adopted at the project level. Capital projects are
included in the annual budgeting process for the purpose of estimating cash flow
requirements. Outstanding project appropriations can be carried forward into
the next year’s budget by the Finance Department as a non-lapsing
appropriation.
Budget amendments should be presented for consideration when the need arises
and reviewed by the Council Finance Committee. Council will be apprised if the
proposed funding is new revenue (most commonly grant awards) or is from
existing reserves within the minimum guidelines.
The City Council shall approve the number of permanent City staff positions,
their classification and their assignments to specific City funds when it adopts
the City’s Budget.
The City will utilize one-time revenues only for one-time/non-recurring
expenditures or to build reserves such as the capital reserve fund or rainy day
fund.
Revenues
Revenue estimates shall be based on forecasting methods recommended by the
Government Finance Officers Association (GFOA) and shall assess the full
spectrum of resources available to finance City programs and services. The City
shall consider the diversification of revenue as a strategy when developing its
financial plans.
Moses Lake Council Packet 1-26-21, Page 127 of 139
Page 11
The City will strive to maintain as diversified and stable a revenue system as
permitted. Because revenues, especially those of the General Fund, are sensitive
to both local and regional economic activities, revenue estimates provided to the
City Council shall be conservative. Should an economic downturn develop that
results in (potential) revenue shortfalls or fewer available resources, the City will
make appropriate adjustments to its budget.
The City will not use one-time revenues to support ongoing expenditures.
The City will follow an aggressive and professional policy of collecting revenues.
When necessary, discontinuing service, collection agencies, foreclosure, liens and
other methods of collection, such as imposing fines, penalties, collection and late
charges may be used.
Policy on Fees and Charges
The City shall review all fees for licenses, permits, fines, rates, and other
miscellaneous charges at least every two years as part of the budget process. A
schedule will be established to review about half of the divisional fees each
budget year. User charges and fees shall be established based on a percentage of
the full cost of providing the service unless otherwise provided by statute or
regulation. Proposed rate adjustments, user charges, and fees shall be presented
to the City Council for review each year in the Preliminary Budget, and
approved by separate resolution before year-end. All fees will be summarized in
a table and posted on the official City website. As the need for a new fee is
identified, it will be presented to City Council to be established by ordinance.
Then going forward, any adjustments will be made as described above in the
annual review process.
Utility Rates and Capital Fees
Utility rates should be adequate to ensure reliable, competitively priced services
for our customers. Net reserves in excess of both legal requirements and
minimum working cash balances should be used to minimize future rate
increases by funding approved capital projects, retiring high cost debt, and
augmenting fund reserves established to reduce ratepayer risk.
Utility rates and capital fees shall be reviewed annually, and necessary
adjustments shall be made to reflect inflation, construction needs, and avoid
major rate increases. Utility rate studies shall be conducted at least every six
Moses Lake Council Packet 1-26-21, Page 128 of 139
Page 12
years to update assumptions and to ensure the long-term solvency and viability
of the City’s Utilities. System Development Charges (SDCs’) shall be established
at levels to ensure that all customers seeking to connect to the City’s utility
systems shall bear their equitable share of the cost of both the existing system
and future systems.
Grants and Gifts
Grant funding for programs or items which address the City’s current priorities
and policy objectives should be considered to leverage City funds. Inconsistent
and/or fluctuating grants should not be used to fund on-going programs.
Before accepting any grant the City shall thoroughly consider the implications in
terms of ongoing obligations that will be required in connection with acceptance
of said grant.
All grants and other federal and state funds shall be managed to comply with the
laws, regulations, and guidance of the grantor, and all gifts and donations shall
be managed and expended in accordance with the wishes and instruction of the
donor.
Expenditures
Management shall ensure compliance with the legally adopted budget. Additional
purchases and expenditures must comply with legal requirements for approval. Priority
shall be given to expenditures that will improve productivity or public safety.
Expenditures will be accounted for in the appropriate accounts.
The cashout of accrued leave upon separation of service from the City will be included
in the appropriate operating budget if quantifiable at the time of budget development.
Generally, the savings from the resulting vacancy is sufficient to fund this one-time
expenditure. In cases where the current budget cannot absorb an unforeseen cashout,
the City Manager may re-allocate funds or request a supplemental appropriation for
Council approval.
All compensation planning and collective bargaining will focus on the Total Cost of
Compensation (TCC) which includes direct salary, health care benefits, pension
contributions, and other benefits which are a cost to the City. The rate of increase of
TCC of negotiated labor contracts will be the same or less than the growth rate in
revenues projected in the Five-year Forecast so as not to add to the structural gap
Moses Lake Council Packet 1-26-21, Page 129 of 139
Page 13
between revenues and expenditures. Contracts presented for Council approval that do
not meet these requirements will have specific operational, legal or other compulsory
items identified and discussed before ratification by the City Council will be
considered.
Capital Facilities Plan
The Capital Facilities Plan is the financing plan for the
implementation of the City’s overall Comprehensive Plan.
The plan systematically identifies, plans, schedules,
finances, tracks, and monitors capital projects to ensure
cost-effectiveness as well as conformance to established
policies and comprehensive plan progress.
The Capital Facilities Plan shall provide:
• A statement of the objectives of the Capital Facilities Plan and the relationship
with the City’s overall Comprehensive Plan, supporting plans, necessary
levels of service, and expected capital facility needs.
• An implementation program for each of the capital improvements that
provides for the coordination and timing of project construction among
various city departments.
• An estimate of each project’s costs, anticipated sources of revenue for
financing the project, and an estimate of the impact of each project on city
revenues and operating budgets. The operating impact information shall be
provided for the period covered in the city’s current six-year Capital Facilities
Plan. No capital project shall be funded unless operating impacts have been
assessed and the necessary funds can be reasonably anticipated to be
available when needed.
• For the systematic improvement, maintenance, and replacement of the city’s
capital infrastructure as needed.
• A schedule of proposed debt requirements.
All proposed capital improvement projects shall include a recommended or
likely source of funding. The first three years shall be financially constrained,
Moses Lake Council Packet 1-26-21, Page 130 of 139
Page 14
with the remaining three years to identify projects that are needed but funding
has not yet been secured.
The performance and continued use of capital infrastructure is essential to
delivering public services. Deferring essential maintenance and/or asset
replacement can negatively impact the condition of assets and infrastructure as
well as the ability to appropriately plan for required major maintenance and
replacement needs. Efforts will be made to allocate sufficient funds in the multi-
year maintenance, and repair and replacement of critical infrastructure assets.
The city’s objective is to incorporate “Pay-As-You-Go” funding (using available
cash resources) as much as possible in the annual Capital Facilities Plan. This will
supplement funding from other sources as such bonds, grants, and developer
contributions.
Private development (including residential, commercial, and industrial projects)
shall pay its fair share of the capital investments that are necessary to serve the
development in the form of system development charges, mitigation or impact
fees, or local improvement districts.
When current revenues or resources are available for capital improvement
projects, consideration will be given first to those capital assets with the shortest
useful life or needed to provide economic development opportunity and /or to
those capital assets whose nature makes them comparatively more difficult to
finance with bonds or lease financing. Using cash for projects with shorter lives
and bonds for projects with longer lives facilitates “intergenerational equality”,
wherein projects with long useful lives are paid over several generations using
the project through debt service payments.
The first year of the adopted capital plan will be the capital budget for that fiscal
year.
Staff will monitor projects in progress to insure their timely completion or to
recommend appropriate adjustment to the Capital Facilities Plan as approved by
Council if a project is delayed or deferred. Periodic status reports will be
presented to the City Council Finance Committee and City Council to share
project progress and identify significant issues associated with a project.
Moses Lake Council Packet 1-26-21, Page 131 of 139
Page 15
The City will make capital improvements in accordance with an adopted Capital
Facilities Plan (CFP), which is aligned with the City’s other long-range plans.
The City will determine the least costly financing method for all new projects.
Cash Management and Investment
The City will invest public funds in a manner which will provide the highest
return consistent with maximum security. The City maintains liquidity for its
cash flow needs with an account with the State Investment Pool. The City has an
interlocal agreement with Grant County to participate in their investment pool
for longer-term investments. Grant County has an Investment Policy that
governs this activity.
All money collected by any officer or employee is to be transferred to the Finance
Department for deposit. The internal controls established by the Finance
Department includes: segregation, daily processing, timely deposits, and
reconciliation of ledgers in a timely manner, physical security procedures, and
the use of automated system resources.
The City of Moses Lake shall process all vendor claims timely and efficiently. All
payment of vendor claims shall be in accordance with Washington law and shall
be adequately documented and approved.
The City will make every effort to maximize any discounts offered by
creditors/vendors.
Purchasing
Purchasing facilitates the timely procurement
of goods and services to help customers fulfill
their missions by providing cost effective
opportunities to purchase quality goods and
services at the best value while conducting
business in a legal, fair, open, and competitive
manner. The City has a separate Purchasing
Procedure Manual that governs this activity.
Moses Lake Council Packet 1-26-21, Page 132 of 139
Page 16
Capital Financing and Debt Management
Policy on Debt Issuance and Management
The City shall work to maintain strong ratings on its debt including maintaining
open communications with bond rating agencies concerning its financial
condition. Currently Standard and Poor’s has rated the City A+ for general
obligation and AA- for Water / Wastewater revenue bonds.
Long-term Borrowing
Long-term borrowing shall be confined to capital investments or similar projects
with an extended life when it is not practical to be financed from current
revenues. The City shall not use long-term debt to finance current operations.
Term of Debt
Debt payments shall not extend beyond the estimated
useful life of the project being financed. To the
maximum extent possible, the City will fund its
capital needs on a pay-as-you-go basis.
Interim Financing
With Council approval, interim financing of capital
projects may be secured from the debt financing
market place or from other funds through an
Interfund loan as appropriate in the circumstances.
Utility Improvements
Financing of utility improvements will be consistent with the utility master
plans, Council rate policies, and other factors in order to balance the effect of
major improvements on utility rates. System development charges, grants, and
low interest loans to fund capital projects shall be used when possible. Overall,
the utilities should maintain a debt-to-equity ratio of 60/40. The City shall strive
to maintain minimum debt service “coverage” in accordance with bond
covenants.
Debt Issue
The City shall strive to use special assessment, revenue, or other self-supporting
bonds in lieu of general obligation bonds. Long-term general obligation debt
shall be utilized when necessary to acquire land or capital assets based upon a
review of the ability of the City to meet future debt service requirements. The
Moses Lake Council Packet 1-26-21, Page 133 of 139
Page 17
project to be financed should also be integrated with the City’s long-term
financial plan and Capital Facilities Plan.
General obligation debt should be used when the related projects are of a benefit
to the City as a whole. Every project proposed for financing through general
obligation debt should be accompanied by a full analysis of the future operating
and maintenance costs associated with the project. The City should avoid
issuing general obligation (non-voted) debt beyond sixty percent (60%) of its
general obligation debt capacity in order to maintain a reserve for emergencies.
The City shall use refunding bonds where appropriate to achieve cost savings of
approximately 4% net present value (NPV), to restructure its current outstanding
debt, and/or improve restrictive bond conditions.
The City shall evaluate the best method of sale for each proposed bond issue.
When a negotiated sale is used, the City shall consider using an independent
financial advisor to advise the City’s participants in matters such as structure,
pricing, and fees. These services shall be regularly monitored by the Finance
Department.
Debt Issuance Team
In order to effectively plan and fund the City’s capital investment projects, a
team will be established for each debt issuance. The staff team members shall
consist of the City Manager, a Finance Department representative, and applicable
department management representative(s) (related to the projects to be
financed). External team members shall consist of Bond Legal Counsel and a
financial advisor and/or underwriter with demonstrated experience in
Washington State debt issuance when appropriate. By state law, Council is
required to authorize a debt issuance.
Bond Proceeds
The City shall comply with IRS regulations concerning use of and reinvestment
of bond proceeds. The City shall monitor and comply with IRS regulations with
regard to potential arbitrage earnings. If arbitrage earnings are believed to be
above amounts provided by IRS regulations, the City will set aside earnings in
order to pay the appropriate amount to the federal government as required by
IRS regulation.
Moses Lake Council Packet 1-26-21, Page 134 of 139
Page 18
Disclosure
The City shall provide full secondary market disclosure related to outstanding
debt.
Pension / Other Post-Employment Benefits (OPEB) Liabilities
The City has pension obligations for retired police officers
and firefighters hired prior to March 1, 1970. The
Washington Law Enforcement Officers and Firefighters
Retirement System (LEOFF 1) pays pension benefits for
eligible employees working when that system was
established. However, LEOFF 1 statutes call for the
employing agency to cover 100% of medically necessary
costs for the life of the employees working on March 1, 1970
and hired before the closing of the LEOFF 1 system in 1977.
The City uses the State Actuary studies to extract the
accounting transactions for these benefit programs (Police
and Fire medical obligations). Historically, these medical
benefits have been funded on a “pay-as-you-go” basis,
which is substantially below the actuarial determined
contributions, while the Firemen’s pension benefits are
primarily funded by an annual distribution of state shared
revenue derived from fire insurance premiums.
The current Unfunded Actuarial Accrued Liability (UAAL) of LEOFF 1 Fire and
Police pensions and post-employment medical benefits total about $6.2 million at
the end of 2019. This liability arose from the fact that money was not put aside
while the beneficiaries were active employees. The theory of funding post-
employment payroll benefits asserts that enough money should be set aside
while the employee is active to fund the benefit when it is drawn out, in effect
matching the benefit to the time frame it was earned. Since a reserve was not
built to pay out this benefit, the City must use current resources to fund a prior
service. Since this is an aging closed group the liability should diminish as time
passes.
Related Documents
Contracting Policy (Purchasing Authority)
Delegation Authority to the City Manager - Resolution 3668 (4/11/17)
Moses Lake Council Packet 1-26-21, Page 135 of 139
Page 1 of 2
STAFF REPORT
To: Allison Williams, City Manager
From: Richard Law, City Engineer
Date: January 21, 2021
Proceeding Type: New Business
Subject: Request to Connect to City Services at 3462 Westshore Drive NE
Legislative History:
• First Presentation: January 26, 2021
• Second Presentation:
• Action: Motion
Overview
William G & Elizabeth A Porter request approval to connect to the City’s water and sewer systems
to serve a single-family residence on their lot, Parcel 121126025 located at 3462 Westshore Drive
NE. The property is located outside of the current City limits and is inside the UGA as defined in the
most current Grant County Comprehensive Plan. The City’s sewer systems have the capacity to
serve the lot. If approved, the property owners will be required to sign an Extra Territorial
Agreement (ETA). The ETA must be in place before a permit is issued for connecting to City services.
Fiscal and Policy Implications
The water main and sewer force main on Westshore Drive NE were installed by the developers of
the Moses Pointe development beginning in 2000. The property is under County jurisdiction, but
the property owner wishes to connect to the City services.
Council Packet Attachments
A. Vicinity Map
B. Written Request
Finance Committee Review
N/A
Legal Review
N/A
Moses Lake Council Packet 1-26-21, Page 136 of 139
Page 2 of 2
Options
Option Results
• Approve the request The owners will provide an Extra Territorial
Agreement and connect to City water and
sewer.
• Provide staff with changes Action would require staff to bring a revised
document to Council for consideration.
• Take no action. The proponent would not connect to City
utilities and pursue other options to provide
sewer to the property.
Action Requested
Staff recommends City Council approve the request to connect to the City water and sewer
systems. If approved, the owners will be required to sign an Extra Territorial Agreement before
issuing a permit for the connections.
Moses Lake Council Packet 1-26-21, Page 137 of 139
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Moses Lake Council Packet 1-26-21, Page 138 of 139
1
Rob Harris
From:Bill Porter <bestperformancegolf@gmail.com>
Sent:Thursday, January 14, 2021 7:56 AM
To:Rob Harris
Subject:Request for City Sewer and Water Connection
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Hello Rob,
Thank you for taking my call yesterday. I'm requesting that our home's septic and water system, located at 3462
Westshore Dr. NE, Moses Lake, Parcel #12-1126-025 be connected to the City of Moses Lake sewer and water system.
Thank you!
Bill and Liz Porter
Moses Lake Council Packet 1-26-21, Page 139 of 139