2219_00001ORDINANCENO.2219
AN ORDINANCE CREATING CHAPTER 12.02 OF THE MOSESLAKEMÙNICIPAL
CODE ENTITLED"DEFINITIONS"
THE CITYCOUNCIL OF THE CITYOF MOSES LAKE,WASHINGTON DOORDAINAS FOLLOWS:
Section 1.Chapter 12.02 of the Moses Lake Municipal Code entitled "Definitions"is created as follows:
12.02.010 Generallv:The words and phrases that are defined in Chapter 12.02 shallapplywhenever thewordsandphrasesareusedinTitle12oftheMosesLakeMunicipalCode.
12.02.020 Additional Work:Allwork that is required tofinish an incomplete project so thatit is acceptable
per the terms of the permit.Costs ofadditional work include all costs for work as well as allcostsforenforcementactionsrequiredtoobtainpaymentforadditionalwork.
12.02.030 Average DailyTraffic:The totalaverage volume oftrafficthat passes or is estimated to pass apointorsegmentofaroadwayfacility,inboth directions,during a twenty-four(24)hour period thatdoesnotincludeweekends.When the average daily trafficis required tobe provided forfutureestimates,itshall be based on industry standard calculations.
12.02.040 ActivityTrails:Trails or paths thatare designated for bicycle and pedestrian use.Activitytrailsmaybewidenedsidewalks,designated roadway lanes,or separate trailsfrom sidewalks orstreets.
12.02.050 Buildinq Official:The Building Officialof the City of Moses Lake or the Building Official'sdesignatedrepresentative.
12.02.060 Deferral:A temporary deviation from the requirements of Title 12 that allows a specificrequirementtobecompletedatalaterdate.Deferrals do not alter the requirement,theymerelyallowtherequirementtobecompletedatamoreconvenienttimeforthecityorforthepersonwhorequeststhedeferral.
12.02.070 Developer:A legal property owner who has completed municipalimprovements as a result ofordinancesthatrequiredtheimprovementsasapre-requisite tofurther property development.
O 12.02.080 Driveway:A private access that is constructed in accordance with the CornmunityStreet andUtilityStandards.
12,02.090 Engineer:A city employee who is designated by the Municipal Services Director tooversee aparticularconstructionproject.
12.02.100 Franchise Permit:Permit that authorizes a franchisee toinstall,remove,or replace existing orproposedmunicipalimprovements.
12.02.110 Legal PropertY Owner:Legal property owner is theperson,firm,or corporationwho is listed inrecordsoftheGrantCountyAssessorastheownerofsaidproperty.
12.02.120 Local Improvement District:Local Improvement Districts are a financing methodthatis authorizedbyRCWChapters35.43 -35.53 to make municipalimprovements whereby thelegal propertyownerswhobenefittedmustrepaythecostoftheimprovementstothecityoveraperiodofyears.
12.02.130 Municipal improvements:Allsewer mains and appurtenances,water mains and appurtenances,asphalt concrete pavement,sidewalks,drainage structures,and other permanent structures thatareconstructedforthebenefitofthepublic,are required or approved by the city,and aremaintainedorregulatedbythecity.
12.02.140 Municipal Sidewalk:Sidewalks constructed withintheright-of-way,municipal easement,orotherpublicplacefortheuseofthepublic.
12.02.150 Municipal Street:A municipalroadway that is provided for the benefit of the public withindedicatedright-of-way,city-owned property,or municipaleasements.
12.02.160 Municipal Street Imorovements:Curbs and gutters,asphalt pavement,stormdrainage systems,sidewalks,street lighting,trafficcontrols,and other similar roadway improvements that areconstructedforthebenefitofthepublicandaremaintainedbythecity.
12.02.170 Notice to Proceed:Awritten confirmation from the Engineer toa contractor that authorizes thecontractortocommenceworkasspecifiedonacitycontract.
12.02.180 M:An area ofland thatis owned or controlled bythecity,thatis set aside ormaintainedbythecity,and is used for recreation and relaxationofthepublic.
12.02.190 Parks and Recreation Director:The Parks and Recreation Director oftheCityof Moses Lake ortheParkandRecreationDirector's designated representative,
12.02.200 Park Structure:Allrocks,buildings,cages,pens,monuments,signs,fences,benches,structures,apparatus,equipment,orother park property.
Ordinance No.2219
Page 2
12.02.210 Paver District:The area of the city that is bounded by the center of Pioneer Way from Fifth
Avenue to Chestnut Street;the northwestside of Broadway Avenue from Chestnut Street to
Dogwood Street;the center of Dogwood Street from Broadway Avenue to Fourth Avenue;thesoutheastsideofFourthAvenuefromDogwoodStreettoBalsamStreet;the center of Balsam
Streetfrom Fourth Avenue toFifthAvenue;the northwestsideofFifthAvenue from BalsamStreet
to Pioneer Way;and the area on thesouthwest half ofAsh Street from Fourth Avenue extending
one hundred fiftyfeet (150')southeast.Detail A-1 of the Community Street and UtilityStandards
depicts the Paver District Boundaries and is incorporated by reference and made part of this
definition.
12.02.220 Permittee:A person,firm,or corporationthathas obtained a permit fromthe city in accordance
with the respective section of Title12,
12.02.230 Picnic Areas:Areas in city parksthatare designated as picnic areas bythe Parks and Recreation
Director.
12.02.240 Plantlife:AIItrees,plants,shrubs,vegetation,and all oftheirlivingor decaying parts.
12.02.250 Primary Street:Astreet classification as defined in the CommunityStreet and UtilityStandards.
The Community Street and UtilityStandards includes a listofallprimary streets in the city.
12.02.260 Professional Engineer:A person who is licensed by the State of Washington to practice
engineeringin accordance with the provisions of the RCW.
12.02.270 Public Nuisance:Public nuisances are defined and enforced in Moses Lake Municipal Code
8.14.020.
12.02.280 Public Place:AIIdedicated right-of-ways,rnunicipal easements,and properties that are deeded
tothe Cityof Moses Lake.
12.02.290 Residential Street:AIIstreets inthe citythat are not listed as a primary street,a secondary street,
or a tertiarycollector.
12.02.300 Secondary Street:A street classification as defined in the Community Street and Utility
Standards.The CommunityStreet and UtilityStandards includes a listofall secondary streets
in the city,
12.02.310 Standard Specifications:The editionof the Washington State Department of Transportation
Standard Speci#cations for Road,Bridge,and Municipal Construction thathas been referenced
in the current Community Street and UtilityStandards of Moses Lake.
12.02.320 Street and UtilityConstruction Bond:A performance and maintenance bond that is provided to
the city,on forms that are provided by the city,in an amount stipulatedby the city of at least ten
thousand dollars ($10,000),thatguarantees completion ofwork authorized bya Street and Utility
Construction Permit,and thatprovidesfor a one (1)year maintenance bond for the work that is
authorized by a Street and UtilityConstruction Permit.
12.02.330 Street and Utility Construction Permit:Permit that authorizes the permittee to install,remove,
replace,or repair existingor proposed municipalimprovements.
12.02.340 Tertiarv Collector:A street classification as defined in the Community Street and Utility
Standards.The Community Streetand UtilityStandards includes a list of all tertiarycollectors in
the city.
12.02.350 Waiver:A permanent deviation to requirements of Title 12 that allows modifications to the
requirements ofTitle 12.
Section 2.This ordinance shalltakeeffect and be in force five(5)days after its passage and publicationof
its summaryas provided by law.
Adopted by the City Council and signed by its Mayor onAugust 9,2005.
Ronald C.Covey,Mayor
ATTEST:
Ronald R.Cone,Finance Director
AP ED AS TO FORM:
mes A.Whitaker,City Attorney