09252012Brent Reese
Jason Avila
Jon Lane
MOSES LAKE CITY COUNCIL
Bill Ecret
Mayor
Joseph K. Gavinski
City Manager
David Curnel
Karen Liebrecht
Dick Deane
September 25, 2012 AGENDA
Sophia Guerrero, Executive Secretary
Civic Center -Council Chambers
7:00 p.m.
1. Roll Call
2. Pledge of Allegiance
3. IDENTIFICATION OF CITIZENS WANTING TO DISCUSS AGENDA ITEMS
IDENTIFICATION OF CITIZENS WANTING TO DISCUSS NON-AGENDA ITEMS
4. PRESENT A TIONS AND AWARDS -None
5. CONSENT AGENDA
A. Approval of Minutes -September 11, 2012
B. Approval of Bills and Checks Issued
C. Accept Work -2012 Sewer Liuing Project
D. Accept Work -2012 Five Corners Improvement Project
E. Accept Work -2011 Reservoir #9 Project
6. COMMISSION APPOINTMENTS
A. Tourism Commission
7. CONSIDERATION OF BIDS AND QUOTES
A. Larson Storage Building
8. PETITIONS, COMMUNICATIONS, OR PUBLIC HEARINGS -None
9. ORDINANCES AND RESOLUTIONS
A. Ordinance -Amend MLMC 3.30 -Utility Occupational Tax -2" Reading
B. Ordinance -Amend MLMC 13.08 -Water and Sewer Connections -2" Reading
C. Ordinance -Grant Franchise -iFiber _2'" Reading
D. Ordinance -Annexation -West Worldwide Inc. -1" Reading
E. Ordinance -Amend MLMC 13.05 -Wastewater Regulations -1" Reading
F. Ordinance -Amend MLMC 13.07 -Water Regulations -1" Reading
G. Ordinance -Amend MLMC 13.12 -Water, Sewer, and Stormwater Rates -1" Reading
H. Resolution -Build on Unplatted Property -American Legion
10. REQUEST TO CALL FOR BIDS -None
11. REFERRALS FROM COMMISSIONS -None
12. OTHER ITEMS FOR COUNCIL CONSIDERATION -None
13. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS
14. COUNCIL QUESTIONS AND COMMENTS
15. CITY MANAGER REPORTS AND COMMENTS -None
Finance Municipal Services Police Chief Parks & Recreation Fire Chief Community Development
W. Robert Gary Harer Dean Mitchell Spencer Grigg Tom Taylor Gilbert Alvarado
Taylor
City Attorney
Katherine L.
Kenison
MOSES LAKE CITY COUNCIL
September 11 , 2012
DRAFT
Council Present: Bill Ecret, Dick Deane, Karen Liebrecht, Brent Reese, Jason Avila, and Jon Lane Absent:
David Curnel
The meeting was called to order at 7 p.m. by Mayor Ecret.
PLEDGE OF ALLEGIANCE: Dr. Curnelled the Council in the pledge of allegiance.
PRESENTATIONS AND AWARDS
PORT OF MOSES LAKE
Mike Conley, Port Commissioner, provided a copy of the history of the Port of Moses Lake to each Council
member and the City Manager.
CONSENT AGENDA
Minutes: The minutes of the August 28 meeting were presented for approval.
Approval of Claims, Prepaid Claims, Checks, and Payroll: Vouchers audited and certified by the Finance
Director as required by RCW 42.24.080, and those expense reimbursement claims, certified as required by
RCW 42.24.090, have been recorded on a listing which has been made available to the Council for approval
and is retained for public inspection at the Civic Center. As of September 11, 2012 the Council does approve
for payment claims in the amount of $974,612.19; prepaid claims in the amounts of $17,264.10 and
$13,259.38; claim checks in the amount of $2,158,295.2; and payroll in the amounts of $389,453.12 and
$4,100.87.
Resolution -Accept Water Main Improvements: A resolution was presented which accepts the improvements
to the water main on Atlantic Street.
Action Taken: Mr. Reese moved that the Consent Agenda be approved, seconded by Dr. Curnel, and passed
unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS AND QUOTES -None
PETITIONS, COMMUNICATIONS, OR PUBLIC HEARINGS
ORDINANCE -EXTEND MORATORIUM ON MEDICAL MARIJUANA GARDENS -2ND READING
An ordinance was presented which extends the moratorium on the establishment of "collective gardens" for
the medical use of marijuana. The moratorium should be extended because the legislature has not yet
resolved the issues which exist in current state law with regard to collective gardens and there is still the issue
with regard to the effect of federal law which needs to be resolved.
The ordinance of the City of Moses Lake extending a moratorium on the establishment of medical marijuana
collective gardens, defining "medical marijuana collective gardens", providing for a public hearing establishing
an effective date, and providing that the moratorium, unless extended, will sunset within six (6) months of the
date of adoption was read by title only.
The public hearing was opened. There were no comments.
Action Taken: Mr. Deane moved that the public hearing be closed, seconded by Mr. Reese, and passed
unanimously.
Action Taken: Mrs. Liebrecht moved that the second reading of the ordinance be adopted, seconded by Mr.
Avila, and passed unanimously.
CITY COUNCIL MINUTES: 2 September 11 ,2012
ORDINANCES AND RESOLUTIONS
ORDINANCE -AMEND 3.30 -UTILITY OCCUPATIONAL TAX -1ST READING
An ordinance was presented which corrects a clerical error where the amount from the utility occupational tax
on furnishing natural gas was listed twice.
The ordinance amending Chapter 3.30 of the Moses Lake Municipal Code entitled "Utility Occupational Tax"
was read by title only.
Action Taken: Mr. Lane moved that the first reading of the ordinance be adopted, seconded by Mr. Avila, and
passed unanimously.
ORDINANCE -AMEND 13.08, WATER AND SEWER CONNECTIONS -1ST READING
An ordinance was presented which provides for reimbursement for the construction of the 2012 Water Main
Project.
The ordinance amending Chapter 13.08 of the Moses Lake Municipal Code entitled "Water and Sewer
Connections" was read by title only.
Action Taken: Mr. Deane moved that the first reading of the ordinance be adopted, seconded by Mrs.
Liebrecht, and passed unanimously.
ORDINANCE -iFIBER COMMUNICATION -FRANCHISE -1ST READING
An ordinance was presented which grants a franchise to iFiber Communications Corporation.
The ordinance granting a franchise to iFiber Communications Corporation to operate and maintain a cable
system in the City of Moses Lake and setting forth conditions accompanying the grant of franchise was read
by title only.
Action Taken: Mr. Lane moved that the first reading of the ordinance be adopted, seconded by Mr. Avila, and
passed unanimously.
RESOLUTION -ABANDON EASEMENT -CONNER
Robert Conner requested the abandonment of a portion of the easement located in the rear and side yards
at 3428 W. Glenmoor Drive.
The resolution authorizing abandonment of an easement was read by title only.
Anne Henning, Senior Planner, mentioned that the easement being abandoned is only a short distance along
the rear and interior side yard lot lines rather than the entire length of the lot and that the resolution should be
changed to reflect the correct location of the portion of the easement being abandoned.
Action Taken: Mr. Reese moved that the resolution be adopted as corrected, seconded by Mr. Lane, and
passed unanimously.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION
REQUEST FOR CITY SERVICES -ENGELMANN
Rich Engelmann requested permission to connect his property at 1106 Arnold Drive to the City's water system.
The lot is within one half mile of the City limits but the Council may wish to determine that it is impractical for
the property owner to annex because it would be very difficult for the City to maintain the short section of
Patton Boulevard that would be required to be annexed along with the lot.
CITY COUNCIL MINUTES: 3 September 11,2012
Action Taken: Mr. Deane moved thatthe request be granted with the stipulation that an Extra Territorial Utility
Agreement be required since it is impractical to annex the property at th is time, seconded by Mr. Lane, and
passed unanimously.
REQUEST FOR CITY SERVICES -SHERMAN
Jerry Sherman requested permission to connect his property at 9360 Beacon Road to the City's water system.
The lot is within one half mile of the City limits but the Council may wish to determine that it is impractical for
the property owners to annex because it would be very difficult for the City to maintain the short section of
Beacon Road that would be required to be annexed along with the lots.
Action Taken: Mrs. Liebrecht moved that the request be granted with the stipulation that an Extra Territorial
Utility Agreement be required since it is impractical to annex the property at this time, seconded by Dr. Curnel,
and passed unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS -None
CITY MANAGER REPORTS AND COMMENTS
BUILDING ACTIVITY REPORT
The August 2012 Building Activity Report was presented.
INVESTMENT REPORT
The City received $17,918.61in investment income for August 2012.
SALES TAXITRANSIENT RENTAL INCOME
The City received $432,420.11 in sales tax and $55,497.56 in transient rental income in August 2012.
WATER/SEWER EXPENDITURES
Joseph K. Gavinski, City Manager, provided a report on the projected expenditures for future water and sewer
projects. The report shows a short fall in the water and sewer fund of approximately $2,000,000 per year for
the next five years.
There was discussion by the Council on the water and sewer facilities and the need to fund improvements and
maintenance.
BONDS
Joseph K. Gavinski, City Manager, stated that the City's bond counsel visited and recommended that the City
refinance one of the limited tax general obligation bonds which will save the City approximately $165,000 in
interest over several years.
It was the consensus of the Council that staff proceed with refinancing of the bonds.
The meeting was adjourned at 7:45 p.m.
ATTEST Bill J. Ecret, Mayor
W. Robert Taylor, Acting Finance Director
DATE 9/20/12
TIME 11:36 :21
NAME OF VENDOR
Department
CITY OF MOSES LAKE
TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V E D
C 0 U N C I L M E E T IN G 0 F
09/25/2012
Expenditure Account
PAGE 1
XAPPRVD
VENDOR NO
Object Description P.O. Number P.O. Amount Purpose of Purchase
=======================================================================================================================
DATABAR 00007974
LEGISLATIVE POSTAGE 0000063575 15.57 MAIL UTILITY BILLS
WATER/BILLING POSTAGE 0000063575 448.92 MAIL UTILITY BILLS
SEWER/BILLING POSTAGE 0000063575 354.96 MAIL UTILITY BILLS
SAMITATION FUND POSTAGE 0000063575 199.51 MAIL UTILITY BILLS
STORM WATER POSTAGE 0000063575 65.75 MAIL UTILITY BILLS
AMBULANCE SERVICE POSTAGE 0000063575 54.85 MAIL UTILITY BILLS
======================
TOTAL: 1,139.56
HOME DEPOT CREDIT SERVICES 00007824
PARK RECREATION REPAIR AND MAINTENANCE SUPPL 0000063566 15.15 MISC SUPPLIES
PARK RECREATION OPERATING SUPPLIES 0000063566 52.73 MISC SUPPLIES
GRANTS AND DONATIONS OPERATING SUPPLIES 0000063566 694.20 MISC SUPPLIES
WATER OPERATING SUPPLIES 0000063566 129.19 MISC SUPPLIES
SEWER REPAIR AND MAINTENANCE SUPPL 0000063566 25.00 MISC SUPPLIES
BUILD MAINT-OPERATIO OPERATING SUPPLIES 0000063566 66.17 MISC SUPPLIES
BUILD MAINT-OPERATIO REPAIR AND MAINTENANCE SUPPL 0000063566 119.44 MISC SUPPLIES
BUILD MAINT-OPERATIO REPAIR AND MAINTENANCE SUPPL 0000063566 30.29 MISC SUPPLIES
BUILD MAINT-OPERATIO REPAIR AND MAINTENANCE SUPPL 0000063566 27.64 MISC SUPPLIES
BUILD MAINT-OPERATIO REPAIR AND MAINTENANCE SUPPL 0000063566 67 .83 MISC SUPPLIES
BUILD MAINT-OPERATIO REPAIR AND MAINTENANCE SUPPL 0000063566 171 .54 MISC SUPPLIES
======================
TOTAL: 1,399.18
STERLING SAVINGS BANK 00007077
0000063465 996.01 SUPPLIES/TRAVEL/WELLNESS/GAS
EXECUTIVE OPERATING SUPPLIES 0000063540 588.25 T & S/SUPPLIES
EXECUTIVE TRAVEL & SUBSISTENCE /NON-ED 0000063540 12 .81 T & S/SUPPLIES
COMMUNITY DEVELOPMEN REGISTRATION & MEMBERSHIPS 0000063468 300.00 REGISTRATION-G ALVARADO
MISC . SERVICES MISCELLANEOUS (NOT LISTED BE 0000063465 316.03 SUPPLIES/TRAVEL/WELLNESS/GAS
DATE 9/20/12
TIME 11:36:21
NAME OF VENDOR
Department
CIT Y 0 F M 0 S E S L A K E
TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V E 0
C 0 U N C I L M E E TIN G 0 F
09/25/2012
Expenditure Account
PAGE 2
XAPPRVD
VENDOR NO
Object Description P.O. Number P.O. Amount Purpose of Purchase
=======================================================================================================================
STERLING SAVINGS BANK 00007077
MISC. SERVICES OPERATING SUPPLIES 0000063540 213.64 T & S/SUPPLIES
MISC. SERVICES OPERATING SUPPLIES 0000063556 68.96 COMPUTER SUPPLIES
MISC. SERVICES OPERATING SUPPLIES 0000063565 1,411.23 SUPPLIES
ENGINEERING TRAVEL & SUBSISTENCE /NON-ED 0000063471 14.04 MISC SUPPLIES/T & S
ENGINEERING OPERATING SUPPLIES 0000063565 98.21 SUPPLIES
PARK RECREATION OFFICE SUPPLIES 0000063465 307.29 SUPPLIES/TRAVEL/WELLNESS/GAS
PARK RECREATION OPERATING SUPPLIES 0000063465 561. 85 SUPPLIES/TRAVEL/WELLNESS/GAS
PARK RECREATION TRAVEL & SUBSISTENCE /NON-ED 0000063465 344.78 SUPPLIES/TRAVEL/WELLNESS/GAS
PARK RECREATION OPERATING SUPPLIES 0000063465 280.85 SUPPLIES/TRAVEL/WELLNESS/GAS
PARK RECREATION MUSEUM RESALE 0000063465 257.54 SUPPLIES/TRAVEL/WELLNESS/GAS
PARK RECREATION OPERATING SUPPLIES 0000063465 357.29 SUPPLIES/TRAVEL/WELLNESS/GAS
PARK RECREATION PROFESSIONAL SERVICES 0000063465 202.35 SUPPLIES/TRAVEL/WELLNESS/GAS
PARK RECREATION REPAIR AND MAINTENANCE SUPPL 0000063465 321.23 SUPPLIES/TRAVEL/WELLNESS/GAS
PARK RECREATION SMALL EQUIPMENT < $1000 0000063465 825.82 SUPPLIES/TRAVEL/WELLNESS/GAS
PARK RECREATION OPERATING SUPPLIES 0000063465 52.60 SUPPLIES/TRAVEL/WELLNESS/GAS
PARK RECREATION S&S CONCESSION RESALE 0000063465 220.11 SUPPLIES/TRAVEL/WELLNESS/GAS
PARK RECREATION OPERATING SUPPLIES 0000063465 114.45 SUPPLIES/TRAVEL/WELLNESS/GAS
PARK RECREATION OPERATING SUPPLIES 0000063465 75.92 SUPPLIES/TRAVEL/WELLNESS/GAS
PARK RECREATION SMALL EQUIPMENT < $1000 0000063465 128.40 SUPPLIES/TRAVEL/WELLNESS/GAS
PARK RECREATION TRAVEL & SUBSISTENCE /NON-ED 0000063465 522.92 SUPPLIES/TRAVEL/WELLNESS/GAS
PARK RECREATION REPAIR & MAINT. OTHER (CONTR 0000063465 83.70 SUPPLIES/TRAVEL/WELLNESS/GAS
PARK RECREATION OPERATING SUPPLIES 0000063465 17.49 SUPPLIES/TRAVEL/WELLNESS/GAS
PARK RECREATION OPERATING SUPPLIES 0000063465 38.84 SUPPLIES/TRAVEL/WELLNESS/GAS
POLICE OPERATING SUPPLIES 0000063530 512.48 MISCELLANEOUS
DATE 9/20/12
TIME 11:36:21
NAME OF VENDOR
Department
CIT Y 0 F M 0 S E S L A K E
TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V E D
C 0 U N C I L M E E TIN G 0 F
09/25/2012
Expenditure Account
PAGE 3
XAPPRVD
VENDOR NO
Object Description P.O. Number P.O. Amount Purpose of Purchase
==============================================================================:=====================================:==
STERLING SAVINGS BANK 00007077
POLICE POSTAGE 0000063530 66.65 MISCELLANEOUS
POLICE TRAVEL & SUBSISTENCE /NON-ED 0000063530 670.51 MISCELLANEOUS
FIRE REGISTRATION & MEMBERSHIPS 0000063472 249.00 MISC SUPPLIES,FUEL, T & S
FIRE OPERATING SUPPLIES 0000063472 199.11 MISC SUPPLIES,FUEL, T & S
TOURISM ACTIVITIES OPERATING SUPPLIES 0000063465 407.29 SUPPLIES/TRAVEL/WELLNESS/GAS
GRANTS AND DONATIONS OPERATING SUPPLIES 0000063465 207.20 SUPPLIES/TRAVEL/WELLNESS/GAS
GRANTS AND DONATIONS OPERATING SUPPLIES 0000063465 2,163.00 SUPPLIES/TRAVEL/WELLNESS/GAS
GRANTS AND DONATIONS OPERATING SUPPLIES 0000063465 123.73 SUPPLIES/TRAVEL/WELLNESS/GAS
PARKS/STREET OPERATING SUPPLIES 0000063465 156.35 SUPPLIES/TRAVEL/WELLNESS/GAS
STREET OFFICE SUPPLIES 0000063471 10.66 MISC SUPPLIES/T & S
STREET REGISTRATION & MEMBERSHIPS 0000063471 359.00 MISC SUPPLIES/T & S
WATER TRAVEL & SUBSISTENCE /NON-ED 0000063471 12.17 MISC SUPPLIES /T & S
SEWER REPAIR AND MAINTENANCE SUPPL 0000063471 31.64 MISC SUPPLIES /T & S
SEWER REPAIR AND MAINTENANCE SUPPL 0000063471 50.55 MISC SUPPLIES/T & S
SANITATION FUND OPERATING SUPPLIES 0000063565 28.46 SUPPLIES
STORM WATER REPAIR AND MAINTENANCE SUPPL 0000063471 36.12 MISC SUPPLIES/T & S
STORM WATER REGISTRATION & MEMBERSHIPS 0000063471 359.00 MISC SUPPLIES/T & S
STORM WATER OPERATING SUPPLIES 0000063565 27.35 SUPPLIES
AMBULANCE SERVICE OPERATING SUPPLIES 0000063472 295.08 MISC SUPPLIES, FUEL, T & S
CENTRAL SERVICES OPERATING SUPPLIES 0000063556 2,206.12 COMPUTER SUPPLIES
CENTRAL SERVICES SMALL EQUIPMENT < $1000 0000063556 1,149 .22 COMPUTER SUPPLIES
EQUIP RENTAL-OPERATI GAS-PROPANE -FUEL 0000063472 707.91 MISC SUPPLIES, FUEL, T & S
EQUIP RENTAL-OPERATI TRAVEL & SUBSISTENCE /NON-ED 0000063472 48.51 MISC SUPPLIES,FUEL, T & S
DATE 9/20/12
TIME 11:36:21
NAME OF VENDOR
Department
CIT Y 0 F M 0 S E S L A K E
TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V E D
C 0 U N C I L M E E TIN G 0 F
09/25/2012
Expenditure Account
PAGE 4
XAPPRVD
VENDOR NO
Object Description P.O. Number P.O. Amount Purpose of Purchase
=======================================================================================================================
STERLING SAVINGS BAMK 00007077
EQUIP RENTAL-OPERATI GAS-PROPANE-FUEL
BUILD MAINT-OPERATIO REPAIR AND MAINTENANCE SUPPL
0000063530
0000063471
4.96
905.68
MISCELLANEOUS
MISC SUPPLIES/T & S
===========:===:======
TOTAL: 19,720 .36
REPORT TOTAL: 22,259.10
DATE 9/20/12
TIME 11:36:22
CITY OF MOSES LAKE
TABULATION OF CLAIMS TO BE APP R OVED
COUNCIL ME ET ING OF
09/25/2012
TOTALS BY FUND
FUND NO FUND NAME AMOUNT
-------------------------------------------------------------
000 GENERAL FUND 9,517.80
102 TOURISM ACTIVITIES 407.29
103 GRANTS AND DONATIONS 4,184 .14
116 STREET 526.01
410 WATER/SEWER 1,052.43
490 SANITATION FUND 227 .97
493 STORM WATER 488.22
498 AMEULANCE SERVICE FUND 349.93
517 CENTRAL SERVICES 3,355 .34
519 EQUIPMENT RENTAL 761.38
528 BUILD MAINTENANCE 1,388.59
TOTAL 22,259.10
CBANGES TO BE MADE SHOULD BE LISTED BELOW
VEND NO. P.O. NO. ANT LISTED CORRECTED AMT ACTION TO BE TAKEN
CORRECT AMOUNT TO BE PAID
TOTALS PAGE
XAPPRVD
til' * * * * * * * * * *,. * * * * * * *,. * * * * * *,.,. * * * * * * * * * t*
•
• CLAIMS APPROVAL
• • • •
* WE, THE UNDERSIGNED COUNCILMEN OF THE CITY OF MOSES LAKE, WASHINGTON, DO HEREBY CERTIFY THAT THE MERCHANDISE •
* OR SERVICES SPECIFIED HAVE BEEN RECEIVED AND THAT ABOVE CLAIMS ARE APPROVED, AS NOTED, FOR PAYMENT •
• IN THE AMOUNT OF $22,259.10 THIS 25TH DAY OF SEPTEMBER, 2012 *
* •
* •
• COUNCIL MEMBER
*
*
*
• COUNCIL MEMBER
COUNCIL MEMBER
FINANCE DIRECTOR
•
• •
*
*
til' * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * t*
DATE 9/14/12
TIME 13:49:01
NAME OF VENDOR
Department
CIT Y 0 F M 0 S E S L A K E
TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V E 0
C 0 U N C I L M E E TIN G 0 F
09/25/2012
Expenditure Account
PAGE 1
XAPPRVD
VENDOR NO
Object Description P.O. Number P.O. Amount Purpose of Purchase
=:=====================================================:===============================================================
BONNIE LONG 00007193
PARK RECREATION RENTAL/LEASE OTHER EQUIPMENT 0000063456 100.00 VEHICLE USE -SEPTEMBER
======================
TOTAL: 100.00
DATABAR 00007974
WATER/BILLING POSTAGE 0000063474 874.37 MAIL UTILITY BILLS
SEWER/BILLING POSTAGE 0000063474 691. 35 MAIL UTILITY BILLS
SANITATION FUND POSTAGE 0000063474 388.58 MAIL UTILITY BILLS
STORM WATER POSTAGE 0000063474 128.07 MAIL UTILITY BILLS
AMBULANCE SERVICE POSTAGE 0000063474 106.84 MAIL UTILITY BILLS
============:=========
TOTAL: 2,189.21
POGO SERVICES OF AMERICA 00007168
PARK RECREATION LAUZIER PLAY FIELD RESALE 0000063455 39.15 LAUZIER RESALE
===============:======
TOTAL: 39.15
JACK NISBET 00002871
GRANTS AND DONATIONS PROFESSIONAL SERVICES 0000063457 596.00 MAC PRESENTER
======================
TOTAL: 596.00
LOWES 00003886
PARK RECREATION REPAIR AND MAINTENANCE SUPPL 000006347 3 29.61 MISC SUPPLIES
PARK RECREATION OPERATING SUPPLIES 0000063473 75.99 MISC SUPPLIES
GRANTS AND DONATIONS OPERATING SUPPLIES 0000063473 14.75 MISC SUPPLIES
WATER REPAIR AND MAINTENANCE SUPPL 0000063473 25.18 MISC SUPPLIES
======================
TOTAL: 145.53
PUD OF GRANT COUNTY 00001501
LIBRARY UTILITY EKPENSE / ELECTRICIT 0000063477 764.50 ELECTRIC SERVICE
ENGINEERING UTILITY EXPENSE / ELECTRICIT 0000063477 14.50 ELECTRIC SERVICE
PARK RECREATION UTILITY EXPENSE / ELECTRICIT 0000063477 112.72 ELECTRIC SERVICE
PARK RECREATION UTILITY EXPENSE / ELECTRICIT 0000063477 4,751.02 ELECTRIC SERVICE
PARK RECREATION UTILITY EXPENSE / ELECTRICIT 0000063477 764.97 ELECTRIC SERVICE
PARK RECREATION UTILITY EXPENSE / ELECTRICIT 0000063477 1,176 .89 ELECTRIC SERVICE
PARK RECREATION UTILITY EXPENSE / ELECTRICIT 0000063477 74 .23 ELECTRIC SERVICE
DATE 9/14/12
TIME 13:49:01
NAME OF VENDOR
Department
CIT Y 0 F M 0 S E S L A K E
TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V E 0
C 0 U N C I L M E E TIN G 0 F
09/25/2012
Expenditure Account
PAGE 2
XAPPRVD
VENDOR NO
Object Description P.O. Number P.O. Amount Purpose of Purchase
=======================================================================================================================
PUD OF GRANT COUNTY 00001501
PARK RECREATION UTILITY EXPENSE / ELECTRICIT 0000063477 1,605.68 ELECTRIC SERVICE
PARK RECREATION UTILITY EXPENSE / ELECTRICIT 0000063477 17.33 ELECTRIC SERVICE
PARK RECREATION UTILITY EXPENSE / ELECTRICIT 0000063477 516.72 ELECTRIC SERVICE
PARK RECREATION UTILITY EXPENSE / ELECTRICIT 0000063477 163.21 ELECTRIC SERVICE
PARK RECREATION UTILITY EXPENSE / ELECTRICIT 0000063478 1,381.10 ELEC SERVICE/ST LIGHTS
POLICE UTILITY EXPENSE / ELECTRICIT 0000063477 45.01 ELECTRIC SERVICE
POLICE UTILITY EXPENSE / ELECTRICIT 0000063477 20.20 ELECTRIC SERVICE
FIRE UTILITY EXPENSE / ELECTRICIT 0000063477 817.63 ELECTRIC SERVICE
PARKS/STREET UTILITY EXPENSE / ELECTRICIT 0000063477 159.47 ELECTRIC SERVICE
STREET UTILITY EXPENSE / ELECTRICIT 0000063478 70,078 .86 ELEC SERVICE/ST LIGHTS
SEWER UTILITY EXPENSE / ELECTRICIT 0000063477 10,587.65 ELECTRIC SERVICE
AIRPORT UTILITY EXPENSE / ELECTRICIT 0000063477 76.51 ELECTRIC SERVICE
BUILD MAINT-OPERATIO UTILITY EXPENSE / ELECTRICIT 0000063477 1,777.40 ELECTRIC SERVICE
BUILD MAINT-OPERATIO UTILITY EXPENSE / ELECTRICIT 0000063477 633.82 ELECTRIC SERVICE
BUILD MAINT-OPERATIO UTILITY EXPENSE / ELECTRICIT 0000063477 1,224.81 ELECTRIC SERVICE
BUILD MAINT-OPERATIO UTILITY EXPENSE / ELECTRICIT 0000063477 845 .57 ELECTRIC SERVICE
======================
TOTAL: 97,609.80
UNITED PARCEL SERVICE 00005456
MISC. SERVICES POSTAGE 0000063476 40.00 SERVICE CHARGES
======================
TOTAL: 40.00
======================
REPORT TOTAL: 100,719.69
DATE 9/14 /12
TIME 13:49:03
CITY OF MOSES LAKE
TABULATION OF CLAIMS TO BE APPROVED
COUNCIL MEETING OF
TOTAlS BY FUND
FUND NO FUND NAME
000 GENERAl FUND
103 GRANTS AND DONATIONS
116 STREET
410 WATER/SEWER
490 SANITATION FUND
493 STORM WATER
495 AIRPORT
498 AMBULANCE SERVICE FUND
528 BUILD MAINTENANCE
TOTAl
CHANGES TO BE MADE SHOULD BE LISTED BELOW
09/25/2012
AMOUNT
12,510.46
610.75
70,238.33
12,178.55
388.58
128.07
76.51
106.84
4,481.60
100,719.69
VEND NO. P.O. NO. AMT LISTED CORRECTED AMT ACTION TO BE TAKEN
CORRECT AMOUNT TO BE PAID
TOTAlS PAGE
XAPPRVD
*t * * * * * * * * * * * * * * * * * * '* * * * * * * * * * * * * * * * * * *t •
• CLAIMS APPROVAL
•
• WE, THE UNDERSIGNED COUNCILMEN OF THE CITY OF MOSES LAKE, WASHINGTON, DO HEREBY CERTIFY THAT THE MERCHANDISE
• OR SERVICES SPECIFIED HAVE BEEN HECEIVED AND THAT ABOVE CLAIMS ARE APPROVED, AS NOTED, FOR PAYMENT
• IN THE AMOUNT OF $100,719.69 THIS 25TH DAY OF SEPTEMBER, 2012
•
•
•
• COUNCIL MEMBER COUNCIL MEMBER
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• •
• COUNCIL MEMBER FINANCE DIRECTOR
•
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*t * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * *t
DATE 9/21/12
TIME 13:48:01
CIT Y 0 F M 0 S E S L A K E
TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V E D
C 0 U N C I L M E E TIN G 0 F
09/25/2012
Expenditure Account
PAGE 1
XAPPRVD
NAME OF VENDOR
Department
VENDOR NO
Object Description P.O. Number P.O . Amount Purpose of Purchase
~======================================================================================================================
A & H PRINTERS
PARK RECREATION
APFORDABLE AUTO REPAIR INC
00000001
PRINTING & BINDING
00007734
EQUIP RENTAL-OPERATI REPAIR & MAINT. EQUIP. (CONT
AG WEST DISTRIBUTING CO INC 00006842
WATER SEWER CONSTRUC CIP-SEWER PROJECIS
AGRI FIX
POLICE
ALEX BENKO
FlREMANS PENSION
AMERICAN LINEN
AMBULANCE SERVICE
AQUATIC SPECIALTY SERVICES
PARK RECREATION
00005801
PROFESSIONAL SERVICES
00000139
DIRECI MEDICAL PAYMENTS
00004927
OPERATING SUPPLIES
00007861
OPERATING SUPPLIES
BANK OF NEW YORK MELLON 00005075
2002 REFUNDING BONDS OTHER DEBT SERVICE COSTS
2002 REFUNDING BONDS OTHER DEBT SERVICE COSTS
2002 REFUNDING BONDS OTHER DEBT SERVICE COSTS
2011 BOND FUND OTHER DEBT SERVICE COSTS
BUILD MAINT-DEBT SR DEBT ISSUE COSTS
BATTERY SYSTEMS 00004673
EQUIP RENTAL-OPERATI REPAIR AND MAINTENANCE SUPPL
BESSE MEDICAL SUPPLY
AMBULANCE SERVICE
00006688
OPERATING SUPPLIES
0000063573 494.81 YOUTH SPORTS PRINTING
======================
TOTAL: 494 .81
0000063483 1,193.32 REPLACE FUEL PUMP,WATER PUMP
======================
TOTAL: 1,193.32
0000063482 687.51 HOSE REEL
TOTAL: 687.51
0000063525 190.98 TOWING
TOTAL: 190.98
0000063550 154.28 PRESC CO-PAY
TOTAL: 154.28
0000063535 522.60 LINEN SERVICE
======================
TOTAL: 522.60
0000063470 501. 74 POOL CHEMICALS
======================
TOTAL: 501 .74
0000063567 66.22 ADMIN FEES/BONDS
0000063567 182.77 ADMIN FEES/BONDS
0000063567 51.94 ADMIN FEES/BONDS
0000063567 299.18 ADMIN FEES/BONDS
0000063567 300.93 ADMIN FEES/BONDS
======================
TOTAL: 901. 04
0000063487 526.28 BATTERIES
TOTAL: 526.28
0000063536 307.63 AMBULANCE SUPPLIES
TOTAL: 307 .63
DATE 9/21/12
TIME 13:48:01
PAGE 2
XAPPRVD
CIT Y 0 F M 0 S E S L A K E
TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V E D
C 0 U N C I L M E E TIN G 0 F
09/25 /2012
Expenditure Account NAME OF VENDOR
Department
VENDOR NO
Object Description P.O. Number P.O. Amount Purpose of Purchase
=======================================================================================================================
BLUMENTHAL UNI FORM CO INC
POLICE
AMBULANCE SERVICE
00000133
OPERATING SUPPLIES
OPERATING SUPPLIES
00004536
0000063524
0000063523
4,209.46
639.58
UNIFORMS
UNIFORM PANTS
======================
TOTAL: 4,849.04
BRANOM INSTRUMENT COMPANY
SEWER REPAIR & MAINT. EQUIP. (CONT 0000063485 350.68 SERVICE CALL/MAGFLO METER
BRENTS AUTO AND MUFFLER INC 00006783
EQUIP RENTAL-OPERATI REPAIR & MAINT. EQUIP. (CONT
BUD CLARY TOYOTA CHEVROLET 00000150
EQUIP RENTAL-OPERATI REPAIR AND MAINTENANCE SUPPL
CASCADE ANALYTICAL INC
WATER
SEWER
CASCADE DIESEL INC
00005014
PROFESSIONAL SERVICES
PROFESSIONAL SERVICES
00003551
EQUIP RENTAL-OPERATI REPAIR & MAINT. EQUIP. (CONT
CASCADE FIRE CORPORATION 00003644
FIRE OPERATING SUPPLIES
FIRE REPAIR AND MAINTENANCE SUPPL
FIRE SMALL EQUIPMENT < $1000
CASCADE NATURAL GAS CORP 00000203
PARK RECREATION UTILITY EXPENSE / GAS
PARK RECREATION UTILITY EXPENSE / GAS
PARK RECREATION UTILITY EXPENSE / GAS
FIRE UTILITY EXPENSE / GAS
BUILD MAINT-OPERATIO UTILITY EXPENSE / GAS
======================
TOTAL: 350.68
0000063484 503.32 SWITCH, FILTER KIT
======================
TOTAL:
0000063486
TOTAL:
0000063494
0000063494
503.32
153.52
153.52
286.00
1,029.99
BRAKE KIT, RAD CAP
SAMPLE TESTING
SAMPLE TESTING
======================
TOTAL: 1,315.99
0000063489 375.36 REPAIR DRIVE AXLE
======================
TOTAL: 375.36
0000063521 59.35 AXE, HELMET PARTS,
0000063521 47.61 AXE, HELMET PARTS,
0000063521 151. 04 AXE, HELMET PARTS,
======================
TOTAL: 258.00
0000063480 4,248.85 LRC/SNS GAS USAGE
0000063480 10.60 LRC/SNS GAS USAGE
0000063569 1,687.06 AQC GAS USAGE
0000063562 99.74 NAT GAS SERVICE.
0000063562 20.79 NAT GAS SERVICE.
======================
TOTAL: 6,067.04
BUNKER
BUNKER
BUNKER
DATE 9/21/12
TIME 13,48,01
CIT Y 0 F M 0 S E S L A K E
PAGE 3
XAPPRVD
TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V B D
C 0 U N C I L M E E TIN G 0 F
09 /25/2012
NANE OF VENDOR
Department
VENDOR NO
Object Description
Expenditure Account
P.O. Number P.O. Amount Purpose of Purchase
=======================================================================================================================
CEDAR STREET CLEANERS
POLICE
FIRE
CENTRAL MACHINERY SALES INC
STREET
EQUIP RENTAL-OPERATI
CENTRAL WASHINGTON ASPHALT
WATER
CENTRAL WASHINGTON CONCRETE
PARK RECREATION
PARK RECREATION
CENTURYLINK
CENTRAL SERVICES
CHASE PAYMENTECH-EFT
WATER/BILLING
SEWER/BILLING
SANITATION FUND
CHS INC
00004655
OPERATING SUPPLIES
PROFESSIONAL SERVICES
00002179
REPAIR AND MAINTENANCE SUPPL
REPAIR AND MAINTENANCE SUPPL
00003510
OPERATING SUPPLIES
00003603
OPERATING SUPPLIES
OPERATING SUPPLIES
00004900
REPAIR & MAINT. EQUIP. (CONT
00004046
BANK CHARGES
BANK CHARGES
BANK CHARGES
00000249
SEWER OIL, LUBRICANTS & DEISEL EX
EQUIP RENTAL-OPERATI GAS-PROPANE-FUEL
CITY OF MOSES LAKE 00008201
LIBRARY UTILITY EXPENSE / W-S-G
PARK RECREATION UTILITY EXPENSE / W-S-G
PARK RECREATION UTILITY EXPENSE / W-S-G
PARK RECREATION UTILITY EXPENSE / W-S-G
0000063529 724.44 UNIFORM MAINTENANCE
0000063537 2.70 UNIFORM MAINT
======================
TOTAL, 727.14
0000063493 32.52 MISC SUPPLIES
0000063493 168.82 MISC SUPPLIES
======================
TOTAL, 201. 34
0000063491 1,286.15 ASPHALT/PATCH CUTS
======================
TOTAL,
0000062617
0000062617
1,286.15
620.42
267.86
MISC SUPPLIES
MISC SUPPLIES
======================
TOTAL, 888.28
0000063564 16,450.04 MAINT AGREEMENT/TEL SYSTEM
======================
TOTAL,
0000063544
0000063544
0000063544
TOTAL,
0000063488
0000063488
TOTAL,
0000063554
0000063554
0000063554
0000063554
16,450.04
667.11
667.12
667.12
2,001.35
237 .69
37,114.53
37,352.22
301.14
335.69
1,644.01
10,202.87
CREDIT CARD FEES
CREDIT CARD FEES
CREDIT CARD FEES
FUEL FOR VEHICLES
FUEL FOR VEHICLES
WATER SERVICE
WATER SERVICE
WATER SERVICE
WATER SERVICE
DATE 9/21/12
TIME 13:48:01
NAME OF VENDCR
Department
CIT Y 0 F M 0 S E S L A K E
TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V E 0
C 0 U N C I L M E E TIN G 0 F
09/25 /2012
Expenditure Account
PAGE 4
XAPPRVD
VENDCR NO
Object Description P.O. Number P.O. Amount Purpose of Purchase
=======================================================================================================================
CITY OF MOSES LAKE 00008201
PARK RECREATION UTILITY EXPENSE / W-S-G 0000063554 982.61 WATER SERVICE
PARK RECREATION UTILITY EXPENSE / W-S-G 0000063554 2,219 .01 WATER SERVICE
PARK RECREATION UTILITY EXPENSE / W-S-G 0000063554 712 .07 WATER SERVICE
PARK RECREATION UTILITY EXPENSE / W-S-G 0000063554 392.37 WATER SERVICE
PARK RECREATION UTILITY EXPENSE / W-S-G 0000063554 4,440.67 WATER SERVICE
PARK RECREATION UTILITY EXPENSE / W-S-G 0000063554 234.46 WATER SERVICE
PARK RECREATION UTILITY EXPENSE / W-S-G 0000063554 503.89 WATER SERVICE
PARK RECREATION UTILITY EXPENSE / W-S-G 0000063554 682.90 WATER SERVICE
PARK RECREATION UTILITY EXPENSE / W-S-G 0000063554 2,757.38 WATER SERVICE
PARK RECREATION UTILITY EXPENSE / W-S-G 0000063554 98.20 WATER SERVICE
PARK RECREATION UTILITY EXPENSE / W-S-G 0000063554 16.73 WATER SERVICE
PARK RECREATION UTILITY EXPENSE / W-S-G 0000063576 907.70 MAIL UTILITY BILLS
PARKS/STREET UTILITY EXPENSE / W-S-G 0000063554 121. 59 WATER SERVICE
PARKS/STREET UTILITY EXPENSE / W-S-G 0000063554 1,045.39 WATER SERVICE
PARKS/STREET UTILITY EXPENSE / W-S-G 0000063554 5,160.27 WATER SERVICE
PARKS/STREET UTILITY EXPENSE / W-S-G 0000063554 2,368.10 WATER SERVICE
PARKS/STREET UTILITY EXPENSE / W-S-G 0000063554 97 .11 WATER SERVICE
SEWER UTILITY EXPENSE / W-S-G 0000063576 5,467.72 MAIL UTILITY BILLS
STORM WATER UTILITY EXPENSE / W-S -G 0000063554 1,787.41 WATER SERVICE
AIRPCRT UTILITY EXPENSE / W-S-G 0000063554 544.03 WATER SERVICE
BUILD MAINT-OPERATIO UTILITY EXPENSE / W-S-G 0000063554 267.74 WATER SERVICE
BUILD MAINT-OPERATIO UTILITY EXPENSE / W-S-G 0000063554 920.08 WATER SERVICE
BUILD MAINT-OPERATIO UTILITY EXPENSE / W-S-G 0000063554 395.19 WATER SERVICE
DATE 9/21/12
TIME 13:48:01
CIT Y 0 F M 0 S E S L A K E
PAGE 5
XAPPRVD
TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V E 0
C 0 U N C I L M E E TIN G 0 F
NAME OF VENDOR
Department
VENDOR NO
Object Description
09/25/2012
Expenditure Account
P.O. Number P.O. Amount Purpose of Purchase
=======================================================================================================================
BUILD MAINT-OPERATIO UTILITY EXPENSE / W-S-G 0000063554 327.16 WATER SERVICE
BUILD MAINT-OPERATIO UTILITY EXPENSE / W-S-G 0000063554 712.26 WATER SERVICE
BUILD MAINT-OPERATIO UTILITY EXPENSE / W-S-G 0000063554 114 .60 WATER SERVICE
BUILD MAINT-OPERATIO UTILITY EXPENSE / W-S-G 0000063554 92.72 WATER SERVICE
BUILD MAINT-OPERATIO UTILITY EXPENSE / W-S-G 0000063576 236.50 MAIL UTILITY BILLS
=================:====
TOTAL: 46,089.57
COLUMBIA BASIN DAILY HERALD 00000210
PARK RECREATION ADVERTISING 0000063461 228.10 PROGRAM ADVERTISING
PARK RECREATION ADVERTISING 0000063461 228.10 PROGRAM ADVERTISING
POLICE ADVERTISING 0000063528 40.00 ADVERTISING
======================
TOTAL: 496.20
COLUMBIA BEARING SALES 00000274
PARK RECREATION REPAIR AND MAINTENANCE SUPPL 0000063464 12.54 V-BELTS
SEWER REPAIR AND MAINTENANCE SUPPL 0000063490 5.99 V-BELTS
BUILD MAINT-OPERATIO REPAIR AND MAINTENANCE SUPPL 0000063490 20.16 V-BELTS
=================:====
TOTAL: 38 .69
COLUMBIA PAINT & COATINGS 00005279
STREET REPAIR AND MAINTENANCE SUPPL 0000063495 1,420.58 PAINT FOR LANE MARKINGS
======================
TOTAL: 1,420.58
CONSOLIDATED ELECTRIC DIST 00000819
PARK RECREATION REPAIR AND MAINTENANCE SUPPL 0000063396 167.30 MISC SUPPLIES
PARK RECREATION REPAIR AND MAINTENANCE SUPPL 0000063396 7.47 MISC SUPPLIES
PARK RECREATION REPAIR AND MAINTENANCE SUPPL 0000063396 41. 92 MISC SUPPLIES
WATER REPAIR AND MAINTENANCE SUPPL 0000063492 197.46 CONDUIT
BUILD MAINT-OPERATIO REPAIR AND MAINTENANCE SUPPL 0000063492 24.28 CONDUIT
======================
TOTAL: 438.43
DAVID HELMS 00002805
FIREMANS PENSION DIRECT MEDICAL PAYMENTS 0000063549 1,244.40 PRESC,MED CO-PAY
======================
TOTAL: 1,244.40
DB SECURE SHRED 00003144
DATE 9/21/12
TIME 13:48:01
NAME OF VENDOR
Department
CIT Y 0 F M 0 S E S L A K E
TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V E D
C 0 U N C I L M E E TIN G 0 F
09/25/2012
Expenditure Account
PAGE 6
XAPPRVD
VENDOR NO
Object Description P.O. Number P.O. Amount Purpose of Purchase
=======================================================================================================================
EXECUTIVE
FINANCE
POLICE
FIRE
WATER
WATER/BILLING
SEWER/BILLING
SANITATION FUND
DESERT GREEN TURF
PARK RECREATION
DON GARRETT
PARK RECREATION
DR LOU SOWERS
POLICE
EASTERN CASCADE DIST
POLICE
ELVIS SWISHER
FIREMANS PENSION
EVERGREEN RURAL WATER OF WA
WATER
FABER INDUSTRIAL SUPPLY
STREET
WATER
FASTENAL COMPANY
PROFESSIONAL SERVICES
PROFESSIONAL SERVICES
PROFESSIONAL SERVICES
PROFESSIONAL SERVICES
PROFESSIONAL SERVICES
PROFESSIONAL SERVICES
PROFESSIONAL SERVICES
PROFESSIONAL SERVICES
00007180
REPAIR AND MAINTENANCE SUPPL
00007604
TRAVEL & SUESISTENCE /NON-ED
00001856
PROFESSIONAL SERVICES
00006909
OPERATING SUPPLIES
00002623
DIRECT MEDICAL PAYMENTS
00006741
REGISTRATION & MEMBERSHIPS
00000501
0000063553 5.57 RECORDS DESTRUCTION
0000063553 5.57 RECORDS DESTRUCTION
0000063553 13 .93 RECORDS DESTRUCTION
0000063553 13.93 RECORDS DESTRUCTION
0000063553 13.93 RECORDS DESTRUCTION
0000063553 5.57 RECORDS DESTRUCTION
0000063553 5.57 RECORDS DESTRUCTION
0000063553 5.56 RECORDS DESTRUCTION
======================
TOTAL: 69.63
0000063462 1,165.32 TURF
======================
TOTAL: 1,165.32
0000063469 44.00 REIMBURSEMENT/MEAL EXPENSES
======================
TOTAL: 44.00
0000063527 450.00 PSYCHOLOGICAL
TOTAL: 450.00
0000063526 38.50 DRINKING WATER
TOTAL: 38.50
0000063552 705.30 PRESC, MBD CO-PAY
TOTAL: 705.30
0000063496 120.00 REGIS/CLASS
===:==:=========::::=:
TOTAL: 120.00
REPAIR AND MAINTENANCE SUPPL 0000063498 10.29
145.97
STRIPING PAINT, HYDRANT PAINT
STRIPING PAINT, HYDRANT PAINT OPERATING SUPPLIES 0000063498
======================
TOTAL: 156.26
00007372
DATE 9/21/12
TIME 13:48:01
NAME OF VENDOR
Department
CIT Y 0 F M 0 S E S L A K E
TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V E D
C 0 U N C I L M E E TIN G 0 F
09/25/2012
Expenditure Account
PAGE 7
XAPPRVD
VENDOR NO
Object Description P.O. Number P.O. Amount Purpose of Purchase
=============================================================:=========================================================
STREET
WATER
BUILD MAINT-OPERATIO
BUILD MAINT-OPERATIO
BUILD MAINT-OPERATIO
BUILD MAINT-OPERATIO
FERRELLGAS
STREET
GARRY OTTMAR
WATER
GRAINGER PARTS OPERATIONS
SEWER
SEWER
BUILD MAINT-OPERATIO
BUILD MAINT-OPERATIO
GRANT CO SOLID WASTE DEPT
SANITATION FUND
HELENA CHEMICAL COMPANY
PARK RECREATION
PARK RECREATION
HOCHSTATTER ELECTRIC
PARK RECREATION
HOPKINS FULFILLMENT SERVICE
PARK RECREATION
REPAIR AND MAINTENANCE SUPPL
OPERATING SUPPLIES
OPERATING SUPPLIES
OPERATING SUPPLIES
OPERATING SUPPLIES
OPERATING SUPPLIES
00002207
RENTAL/LEASE OTEER EQUIPMENT
00004434
MISCELLANEOUS (NOT LISTED BE
00002755
OPERATING SUPPLIES
REPAIR AND MAINTENANCE SUPPL
OPERATING SUPPLIES
OPERATING SUPPLIES
00000640
LANDFILL DUMPING FEES
00006809
OPERATING SUPPLIES
OPERATING SUPPLIES
00000705
REPAIR & MAINT. OTHER (CONTR
00004019
MUSEUM RESALE
0000063499 45.37 MISC SUPPLIES
0000063499 301. 98 MISC SUPPLIES
0000063499 280.33 MISC SUPPLIES
0000063499 56.48 MISC SUPPLIES
0000063499 90.74 MISC SUPPLIES
0000063499 7B .18 MISC SUPPLIES
======================
TOTAL: 853.08
0000063497 64.74 TANK RENTAL
======================
TOTAL: 64.74
0000063509 37.50 MISC DUMPING
======================
TOTAL: 37.50
0000063500 136.83 MISC SUPPLIES
0000063500 371.64 MISC SUPPLIES
0000063500 78.72 MISC SUPPLIES
0000063500 99.44 MISC SUPPLIES
======================
TOTAL :
0000063546
TOTAL :
0000063459
0000063479
686.63
21,313.12
21,313.12
620.43
51.25
LANDFILL DUMPING FEES
INDUCE/BATTLESHIP CHEMICALS
WEEDMASTER
======================
TOTAL: 671.68
0000063570 251. 73 BLOWER REPAIR/LABOR
======================
TOTAL: 251.73
0000063571 37.83 MAC RESALE/BOOK
DATE 9/21/12
TIME 13:48:01
PAGE 8
XAPPRVD
CIT Y 0 F M 0 S E S L A K E
TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V E D
C 0 U N C I L M B BTl N G 0 F
09/25/2012
NAME OF VENDOR
Department
VENDOR NO
Object Description
Expenditure Account
P.O. Number P.O. Amount Purpose of Purchase
:=========:===========================================:================================================================
IBS INC
WATER
00004860
OPERATING SUPPLIES
INTERNATIONAL DATA SUPPLY 00006105
WATER OFFICE SUPPLIES
BUILD MAINT-OPERATIO OFFICE SUPPLIES
ITRON 00006106
WATER/BILLING PROFESSIONAL SERVICES
WATER/BILLING REPAIR & MAINT. EQUIP.
JERRYS AUTO SUPPLY 00005835
(CONT
PARK RECREATION REPAIR AND MAINTENANCE SUPPL
FIRE OPERATING SUPPLIES
LAD IRRIGATION COMPANY INC 00001101
PARK RECREATION REPAIR AND MAINTENANCE SUPPL
LAW ENFORCEMENT EQUIP DIST 00005679
GRANTS AND DONATIONS MINOR EQUIPMENT < $5000
MERCHANT SOLUTIONS -EFT 00005882
COMMUNITY DEVELOPMEN BANK CHARGES
ENGINEERING BANK CHARGES
PARK RECREATION BANK CHARGES
PARK RECREATION BANK CHARGES
PARK RECREATION BANK CHARGES
PARK RECREATION BANK CHARGES
POLICE BANK CHARGES
FIRE BANK CHARGES
TOTAL: 37.83
0000063503 210.66 SPRAY PAINT, DRILL BITS
======================
TOTAL:
0000063502
0000063502
210.66
42.90 MISC OFFICE SUPPLIES
62.46 MISC OFFICE SUPPLIES
=================:====
TOTAL: 105.36
0000063548 654.50 MAINT AGREE/METER READ SYS
0000063548 730.46 MAINT AGREE/METER READ SYS
======================
TOTAL: 1,384.96
0000063 46 0 22 .64 TRACTOR HYDRA
0000063520 139.63 CHAIN, LIGHTING
======================
TOTAL: 162.27
0000063463 41. 03 PVC FITTINGS
=========:============
TOTAL: 41.03
0000063519 440.99 SUPPLIES
======================
TOTAL: 440.99
0000063543 189.46 CREDIT CARD FEES
0000063543 314.53 CREDIT CARD FEES
0000063543 50 .50 CREDIT CARD FEES
0000063543 2,027.69 CREDIT CARD FEES
0000063543 250.57 CREDIT CARD FEES
0000063543 13 .27 CREDIT CARD FEES
0000063543 23.60 CREDIT CARD FEES
0000063543 5.00 CREDIT CARD FEES
DATE 9/21/12
TIME 13:48:01
NAME OF VENDOR
Department
CIT Y 0 F M 0 S E S L A K E
TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V E D
C 0 U N C I L M E E TIN G 0 F
09/25/2012
Expenditure Account
PAGE 9
XAPPRVD
VENDOR NO
Object Description P.O. Number P.O. Amount Purpose of Purchase
========================================================================================:=======================:======
MERCHANT SOLUTIONS -EFI
WATER/BILLING
00005882
BANK CHARGES
00007894
0000063543 19.81 CREDIT CARD FEES
================:=====
TOTAL: 2,894.43
MICONTROLS INC
SEWER REPAIR AND MAINTENANCE SUPPL 0000063504 1,215.15 SERVO PLATE ASSY
MICROFLEX INC
FINANCE
MOSES LAKE STEEL SUPPLY
PARK RECREATION
PARK RECREATION
PARK RECREATION
STREET REPR/RECON
SEWER
SEWER
SEWER
00005896
MISCELLANEOUS (NOT LISTED BE
00001268
OPERATING SUPPLIES
OPERATING SUPPLIES
REPAIR AND MAINTENANCE SUPPL
OTHER IMPROVEMENTS
REPAIR AND MAINTENANCE SUPPL
REPAIR AND MAINTENANCE SUPPL
REPAIR & MAINT. EQUIP . (CONT
NATIONAL BARRICADE & SIGN CO 00007405
WATER REPAIR AND MAINTENANCE SUPPL
NATL ALLIANCE FOR YOUTH SPORTS 00007279
PARK RECREATION
NORCO ENTERPRISES INC
AMBULANCE SERVICE
PROFESSIONAL SERVICES
00006590
OPERATING SUPPLIES
NORTH CENTRAL WASHINGTON FENCE 00006902
PARK RECREATION
NORTHSTAR CHEMICAL INC
WATER
OPERATING SUPPLIES
00006113
OPERATING SUPPLIES
TOTAL: 1,215.15
0000063542 1,056.83 TAXTOOLS AUDIT PROGRAM
======================
TOTAL: 1,056.83
0000063389 60.04 MISC SUPPLIES
0000063389 17 .45 MISC SUPPLIES
0000063389 50.29 MISC SUPPLIES
0000063445 89.18 SUPPLIES
0000063505 25 .58 MISC SCREWS, LABOR, ALUM
0000063505 15.12 MISC SCREWS, LABOR, ALUM
0000063505 113 .15 MISC SCREWS, LABOR, ALUM
=================:====
TOTAL: 370.81
0000063507 130.71 CLAMPS/BARRICADE SIGNS
======================
TOTAL : 130.71
0000063555 120.00 NYSCA MEMBERSHIP FFES/SOCCER
TOTAL: 120.00
0000063533 256.19 MEDICAL OXYGEN
TOTAL: 256.19
0000063391 993.33 MISC SUPPLIES
======================
TOTAL: 993.33
0000063508 3,407.96 SODIUM HYPO
======================
TOTAL : 3,407.96
DATE 9/21 /12
TIME 13:48:01
NAME OF VENDOR
Department
CIT Y 0 F M 0 S E S L A K E
TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V E D
C 0 U N C I L M E E TIN G 0 F
09/25/2012
Expenditure Account
PAGE 10
XAPPRVD
VENDOR NO
Object Description P.O. Number P.O. Amount Purpose of Purchase
=======================================================================================================================
NORTHWEST HOSE & FITTINGS
SEWER
NRPA
PARK RECREATION
OGDEN MURPHY WALLACE INC
LEGAL/JUDICIAL
OXARC INC
PARK RECREATION
STREET
PLUMBMASTER
00001302
REPAIR AND MAINTENANCE SUPPL
00004616
REGISTRATION & MEMBERSHIPS
00006121
PROFESSIONAL SERVICES
00001412
OPERATING SUPPLIES
OPERATING SUPPLIES
00006109
BUILD MAINT-OPERATIO REPAIR AND MAINTENANCE SUPPL
PROGRESSIVE MEDICAL INTL
AMBULANCE SERVICE
QCL INC
FIRE
QUILL CORPORATION
FIRE
FIRE
AMBULANCE SERVICE
R & C TREE SERVICE INC
PARK RECREATION
PARKS/STREET
RADIO SHACK
PARK RECREATION
000 06656
OPERATING SUPPLIES
00006542
PROFESSIONAL SERVICES
00004811
OFFICE SUPPLIES
OPERATING SUPPLIES
OPERATING SUPPLIES
00003388
REPAIR & MAINT. OTHER (CONTR
REPAIR & MAl NT . OTHER (CONTR
00001123
OPERATING SUPPLIES
0000063506 91.12 ALUM REDUCER
TOTAL: 91.12
0000063514 113.00 NRPA MEMBERSHIP
============:=========
TOTAL: 113.00
0000063560 242.15 PROF SERVICES/AT & T CLAIM
======================
TOTAL :
0000063398
0000063510
242.15
36.28
23.72
MISC SUPPLIES
GLOVES
======:===============
TOTAL: 60.00
0000063511 605.51 TOWEL DISPENSERS
============:=========
TOTAL:
0000063532
TOTAL:
0000063558
TOTAL:
0000063531
0000063531
0000063531
605.51
1,551.66
1,551.66
50.00
50.00
10.18
42.45
42.45
AMBULANCE SUPPLIES
PRE-EMPLOY DRUG SCREEN
COFFEE, TAPE
COFFEE, TAPE
COFFEE, TAPE
======================
TOTAL:
0000063438
0000063438
95.68
963.40
4,000.00
TRIM, REMOVE AND GRIND TREES
TRIM, REMOVE AND GRIND TREES
======================
TOTAL: 4,963.40
0000063541 8.83 MIC PLUG
TOTAL: 8.83
DATE 9/21 /12
TIME 13:48:01
NAME OF VENDOR
Department
CIT Y 0 F M 0 S E S L A K E
TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V E D
C 0 U N C I L M E E TIN G 0 F
09/25/2012
Expenditure Account
PAGE 11
XAPPRVD
VENDOR NO
Object Description P.O. Number P.O. Amount Purpose of Purchase
========================================================================================================:==============
RAINBOW FLYING SERVICE
AIRPORT
REDDY ICE
PARK RECREATION
REDFLEX TRAFFIC SYSTEMS
POLICE
RELIABLE OFFICE PRODUCTS
EXECUTIVE
SAFEGUARD BUSINESS SYSTEMS
AMBDLANCE SERVICE
SHELLY MCCUISTION
FIRE
SHERWIN-WILLIAMS
PARK RECREATION
PARK RECREATION
PARK RECREATION
STREET
SEWER
SKAUG BROTHERS
00003974
REPAIR & MAINT. OTHER (CONTR
00004329
CAMPGROUND RESALE
00004837
PROFESSIONAL SERVICES
00003702
OPERATING SUPPLIES
00006080
OPERATING SUPPLIES
00005589
TRAVEL & SUBSISTENCE /NON-ED
00006229
OPERATING SUPPLIES
REPAIR AND MAINTENANCE SUPPL
REPAIR AND MAINTENANCE SUPPL
REPAIR AND MAINTENANCE SUPPL
REPAIR AND MAINTENANCE SUPPL
00000005
BUILD MAINT-OPERATIO REPAIR AND MAINTENANCE SUPPL
SMITH SPORT OPTICS INC
PARK RECREATION
SPOKESMAN REVIEW
POLICE
00008016
S&S CONCESSION RESALE
00001806
ADVERTISING
0000063512 400.00 LAWN CARE SERVICE
================:=====
TOTAL: 400.00
0000063458 893.64 ICE RESALE/CASCADE CAMPGROUND
======================
TOTAL: 893.64
0000063563 15,507.87 PROF SERV/RED LIGHT TICKETS
======================
TOTAL : 15,507.87
0000063559 140.41 MISC SUPPLIES
======================
TOTAL: 140.41
0000063541 2.16 DEPOSIT BOOKS
TOTAL: 2.16
0000063534 17.28 REIMB MILEAGE
======================
TOTAL: 17.28
0000063383 394.91 MISC SUPPLIES
0000063383 324.52 MISC SUPPLIES
0000063383 48.24 MISC SUPPLIES
0000063513 19.63 SPRAY GUN TIPS, PAINT
0000063513 11.84 SPRAY GUN TIPS, PAINT
TOTAL: 799.14
0000063390 302.12 TILE
TOTAL: 302.12
0000063466 69.86 SNS RESALE/SUNGLASSES
TOTAL: 69 .86
0000063538 191. 68 POLICE OFFICER AD
TOTAL: 191. 68
DATE 9/21/12
TIME 13:48:01
NAME OF VENDOR
Department
CIT Y 0 F M 0 S E S L A K E
TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V E D
C 0 U N C I L M E E TIN G 0 F
09/25/2012
Expenditure Account
PAGE 12
XAPPRVD
VENDOR NO
Object Description P.O. Number P.O . Amount Purpose of Purchase
=======================================================================================================================
STATE AUDITORS OFFICE
FINANCE
SUNTRUST
EQUIPMENT LEASES
EQUIPMENT LEASES
W/S LEASES
W/S LEASES
EQUIP RENTAL-DEBT SR
EQUIP RENTAL-DEBT SR
00003249
PROFESSIONAL SERVICES
00007361
PRINCIPAL CAPITAL LEASE
INTEREST ON CAPITAL LEASES/I
PRINCIPAL CAPITAL LEASE
INTEREST ON CAPITAL LEASES/I
PRINCIPAL CAPITAL LEASE
INTEREST ON CAPITAL LEASES/I
00006368
0000063568 250.80 PROF SERVICE
===========:=:========
TOTAL: 250.80
0000063561 315.64 #35 LEASE PYMT/OCT
0000063561 12.28 #35 LEASE PYMT/OCT
0000063561 3,380.96 #35 LEASE PYMT/OCT
0000063561 172.53 #35 LEASE PYMT/OCT
0000063561 9,373.J3 #35 LEASE PYMT/OCT
0000063561 323.51 #35 LEASE PYMT/OCT
TOTAL: 13,578.25
T M G SERVICES INC
WATER MACHINERY & EQUIPMENT NONLEA 0000063514 13,055.90 FORCE FLOW DILUTION SYSTEM
THOMAS R CRAGHEAD
FIREMANS PENSION
TYCO INC
00002731
DIRECT MEDICAL PAYMENTS
00004451
BUILD MAINT-OPERATIO REPAIR AND MAINTENANCE SUPPL
UNIVAR USA INC
PARK RECREATION
00006346
OPERATING SUPPLIES
UTIL UNDRGRND LOCATION CENTER 00004598
STREET
WATER
SEWER
VIDACARE
AMBULANCE SERVICE
WEAVER EXTERMINATING SERVICE
WATER
MISCELLANEOUS {NOT LISTED BE
MISCELLANEOUS {NOT LISTED BE
MISCELLANEOUS {NOT LISTED BE
00004962
OPERATING SUPPLIES
00004290
REPAIR & MAINT. BUILDING {CO
======================
TOTAL: 13,055 .90
0000063551 261.67 PRESC CO-PAY
======================
TOTAL: 261. 67
0000063515 221. 87 CITROL, PENETRO
======================
TOTAL:
0000063232
TOTAL:
0000063516
0000063516
0000063516
221. 87
1,780.96
1,780.96
80.40
80.40
80.40
ISOCYANDRIC ACID
UNDERGROUND LOCATES
UNDERGROUND LOCATES
UNDERGROUND LOCATES
======================
TOTAL: 241. 20
0000063522 504.18 NEEDLE SETS
==============:=======
TOTAL: 504.18
0000063518 69.06 RODENT CONTROL
DATE 9/21/12
TIME 13:48:01
CIT Y 0 F M 0 S E S L A K E
PAGE 13
XAPPRVD
TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V E D
C 0 U N C I L M E E TIN G 0 F
NAME OF VENDOR
Department
VENDOR NO
Object Description
09/25/2012
Expenditure Account
P.O. Number P.O. Amount Purpose of Purchase
==:====================================================================================================================
WEINSTEIN BEVERAGE COMPANY 00005990
PARK RECREATION OPERATING SUPPLIES
PARK RECREATION S&S CONCESSION RESALE
PARK RECREATION OPERATING SUPPLIES
BUILD MAINT-OPERATIO OPERATING SUPPLIES
WENATCHEE VALLEY MEDICAL CTR 00005069
EXECUTIVE
WEST PAYMENT CENTER
LEGAL/JUDICIAL
XPRESS BILL PAY -EFT
WATER/BILLING
SEWER/BILLING
SANITATION FUND
PROFESSIONAL SERVICES
00004968
BOOKS /LESS $100.00 TOTAL VA
00006421
BANK CHARGES
BANK CHARGES
BANK CHARGES
TOTAL:
0000063481
0000063481
0000063481
0000063517
TOTAL:
0000063539
TOTAL:
00000635 57
TOTAL:
0000063545
0000063545
0000063545
69.06
1,015.61
689.40
1,006.17
1,123.24
3,834.42
335.67
335.67
860.47
860.47
365.00
364.99
364.97
MAINT SUPPLIES/SNS RESALE
MAINT SUPPLIES/SNS RESALE
MAINT SUPPLIES/SNS RESALE
PAPER PRODUCTS
HEP B VACCINES
LEGAL BOOKS
CREDIT CARD FEES
CREDIT CARD FEES
CREDIT CARD FEES
======================
TOTAL: 1,094.96
REPORT TOTAL: 229,645.05
DATE 9/21/12 TOTALS PAGE
TIME 13:48:03 XAPPRVD
TOTALS BY FUND
FUND NO
---------
000
103
116
119
275
285
410
450
477
483
490
493
495
498
517
519
528
611
CITY OF MOSES LAKE
TABULATION OF CLAIMS TO BE APPROVED
COUNCIL MEETING OF
09/25/2012
FUND NAME AMOUNT
--------------------------------------.-.-----------
GENERAL FUND 73,542.69
GRANTS AND DONATIONS 440.99
STREET 14,489.71
STREET REPR/RECON 89.18
EQUIPMENT LEASES 327.92
2002 REFUNDING BONDS 300.93
WATER/SEWER 32,025.61
2011 BOND FUND 299.18
WATER SEWER CONSTRUCTION 687.51
W/S LEASES 3,553.49
SANITATION FUND 22,350.77
STORM WATER 1,787.41
AIRPORT 944 .03
AMBULANCE SERVICE FUND 3,826 .45
CENTRAL SERVICES 16,450.04
EQUIPMENT RENTAL 49,731.99
BUILD MAINTENANCE 6,431.50
FIREMANS PENSION 2,365 .65
DATE 9/21/12
TIME 13:48:03
CITY OF MOSES LAKE
TABULATION OF CLAIMS TO BE APPROVED
COUNCIL MEETING OF
09/25/2012
TOTALS BY FUND
FUND NO FUND NAME AMOUNT
TOTAL 229,645.05
CHANGES TO BE MADE SHOULD BE LISTED BELOW
VEND NO. P.O. NO. AMT LISTED CORRECTED AMT ACTION TO BE TAKEN
CORRECT AMOUNT TO BE PAID
* * * * * * * * * * * * * * * * * , ********** ,
, , CLAIMS APPROVAL ,
TOTALS PAGE
XAPPRVD
*******
,
,
, WE, THE UNDERSIGNED COUNCILMEN OF THE CITY OF MOSES LAKE, WASHINGTON, DO HEREBY CERTIFY THAT THE MERCHANDISE
, OR SERVICES SPECIFIED HAVE BEEN RECEIVED AND THAT ABOVE CLAIMS ARE APPROVED, AS NOTED, FOR PAYMENT
,
,
, IN THE AMOUNT OF $229,645.05 THIS 25TH DAY OF SEPTEMBER, 2012 , , ,
, COUNCIL MEMBER COUNCIL MEMBER ,
, ,
, COUNCIL MEMBER FINANCE DIRECTOR
,
, ,
,
,
, , ,
,
* * * * * * * * * * * * * * * * * * * * * * * * * *******"******
September 19, 2012
TO: City Manager
For City Council Consideration
FROM: Municipal Services Director
SUBJECT: Accept Work
Sewer Lining Project -2012
Planned & Engineered Construction, Inc. (PEC) has completed work for the Sewer Lining Project
-2012. This project consisted oflining 24,493 linear feet of 8 and IO-inch sanitary sewer mains
in the Larson, Lakeview, and Peninsula areas.
The contract was awarded to PEC in the amount of $485,550. The final contract amount for the
work is $497,573. Some additional sanitary sewer mains were added to the project in accordance
with the specifications.
The contract work is physically complete and ready for acceptance by City Council. Upon
acceptance of the contract, we will enter into the 60-day lien period as required by Washington
State Law.
"",,,,,,r,,lIy S"hm'",d, t\
G"ry~~~ ~
Municipal Services Director
September 19,2012
TO: City Manager
For City Council Consideration
FROM: Municipal Services Director
SUBJECT: Accept Work
Five Corners Improvements Project -2012
Neppel Electric and Controls LLC has completed work for the Five Corners Improvement Project
-2012. That project included replacing th signal heads, count-down pedestrian heads,
pedestrian push buttons, wiring, curb ramps, street repairs at Elder Street and Eastlake Drive, and
associated work.
The contract was awarded in the amount of$183,400. The final contract amount for the work is
$169,731: $13,669 less then the award amount.
The contract work is physically complete and ready for acceptance by City Council. Upon
acceptance of the contract, we will enter into the 60-day lien period as required by Washington
State Law.
Respectfully Submitted, ~
Gruy~;;l h ~
Municipal Services Director
September 19,2012
TO: City Manager
For City Council Consideration
FROM: Municipal Services Director
SUBJECT: Accept Work
Reservoir #9 Project -2011
T Bailey, Inc. has completed the work for the Reservoir #9 Project -2011. This project consisted
of constructing a 2.8 million gallon standpipe and removing three water tanks in the Larson area.
The reservoir will provide additional storage and operating pressures for the Larson area.
The contract was awarded to T Bailey, Inc. in the amount of$2,007,587. The final contract
amount for the work is $2,026,746. The extra cost was the result of unforeseen underground
obstacles.
The contract work is physically complete and ready for acceptance by City Council. Upon
acceptance of the contract, we will enter into the 60-day lien period as required by Washington
State Law.
Respectfully Submitted, ~
_::,::( ~
Municipal Services Director
(ITT OF
HOSES LAKE
September 20 ,2012
TO: Council Members
FROM : Mayor Bill Ecret
SUBJECT: Appointment to the Tourism Commission
I have received a letter requesting an appointment to the Tourism Commission from
Ashlee Holten.
It is my intention to honor this request at the September 25, 2012 Council meeting .
If you have any comments for or against this appointment, please contact me prior to
Tuesday's meeting . I have included the letter for your review.
BJE:jt
cc : City manager
City Manager 764-3701 • City Attorney 764-3703 • Community Development 764-3750 • Finance 764-3717 • Fire 765-2204
Municipal Services 764-3783 • Municipal Court 764-3701 • Parks & Recreation 764-3805 • Police 764-3887 • Fax 764-3739
401 S Balsam st. • P.O. Box 1579 • Moses Lake, WA 98837-0224 . www.cityofml.com
Regarding the Tourism Commission appointment,
My name is Ashlee Holten and I am interested in being appointed to one of the positions as a Tourism
Commissioner. I have lived in Moses Lake since 2009 and live in the city limits as well. My permanent
job held is with Aging and Adult of Central Washington where I have the great joy of helping our senior
community in Grant, Adams, and Lincoln counties.
Thank you for considering me for this volunteer position for the City of Moses Lake!
Ashlee Holten
September 20, 2012
TO:
FROM:
SUBJECT:
City Manager
For Council Consideration
Municipal Services Director
Consideration of Quotes -Small Works Roster
Larson Storage Building
Staff opened quotes for the Larson Storage Building on August 29. The project consists of
constructing a building at the Larson Wastewater Treatment Plant to store vehicles and
equipment.
The two quotes that were received range from $191,209 to $301,558. Staff worked with the low
quoter to change the type of several materials that resulted in a lower quote of$181,838. The
Engineer's estimate was $175,000.
Staff recommends awarding the quote to Center State Construction, in the amount of$181,838.
R~J'<'",fully Sobmi""" \\
GruyH='~L~ A ~
Municipal Services Director
September 19, 2012
Honorable Mayor and
Moses Lake City Council
Dear Council Members
HOSES LAKE
Attached is a proposed ordinance amending Chapter 3.30 of the Moses Lake Municipal
Code entitled "Utility Occupational Tax".
The proposed amendment corrects a clerical error in Section 3.30.055 where the amount
from the utility occupational tax on furnishing natural gas was listed twice.
The proposed ordinance is presented to you for your consideration. This is the second
reading of the ordinance.
Respectfully Sf1itted
V<-V ...{/1~_-,
Gavinski
ager
JKG :jt
City Manager 764-3701 • City Attorney 764-3703 . Community Dc,-c]opment 764-3750 . Finance 764-3717 . Fire 765·2204
Municipal Sen'ices 764-3783 . Municipal Court 764-3701 • Parks & Recreation 764-3805 . Police 764-3887 . Fax 764-3739
401 S Balsam St.. P.O. Box 1579 • Moses Lake, WA 98837-0224 . www.cityofml.com
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 3.30 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "UTILITY OCCUPATIONAL TAX"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Chapter 3.30 of the Moses Lake Municipal Code entitled "Utility Occupational Tax" is amended
as follows:
3.30.055 Street Overlay, Repair, and Reconstruction Fund: Of the utility occupational tax levied in Section
3.30.050 (C), (D), (J; F), and (G), three percent (3%) shall be deposited in the City's "Street Repair
and Reconstruction Fund" to be used solely for the repair and reconstruction of the streets in the
City. Furthermore, of the utility occupational tax levied in Section 3.30.050 (A), (B), and (F), one
percent (1 %) shall be deposited in the "Street Repair and Reconstruction Fund" to be used solely
for the same purposes.
Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication of
its summary as provided by law.
Adopted by the City Council and signed by its Mayor on September 25, 2012.
Bill J. Ecret, Mayor
ATTEST:
W. Robert Taylor, Finance Director
APPROVED AS TO FORM:
Katherine L. Kenison, City Attorney
September 19 , 2012
TO: City Manager for Council Consideration
FROM : Gary G. Harer, Mun icipal Services Director
SUBJECT: Ordinance -Amend Chapter 13.08 -2nd Reading
Attached is an ordinance which amends Chapter 13.08, Water and Sewer Connections by
providing for reimbursement for the construction of the 2012 Water Main Project.
The ordinance is presented for Council consideration. This is the second reading of the
ordinance.
Re'pe"'"", "bmitted ~ G'~~ ~ I rlAO\
Municipal Services Director ~ -"'"'\
GGH:jt
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 13.08 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "WATER AND SEWER CONNECTIONS"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Chapter 13.08 of the Moses Lake Municipal Code entitled "Water and Sewer Connections" is
amended as follows:
13.08.102 Water Main Charges -Water Main Project -2012: Water main installation charges constructed
with City funds shall be reimbursed by certain property owners listed below, upon property
subdivision or upon request to connect to the City water. The reimbursement fees listed below
shall be in addition to other regular permit fees that are due and shall be assessed against the
properties listed below that are on each side of Randolph Road located in the SE 1/4 Section 28,
the SW 1/4 Section 27, the NW 1/4 Section 34, and Section 33 all in Township 20 North, Range
28 East, W.M.; and the properties that are located on each side of Beacon Road, and Beacon
Road extended to Longview Street located in the South)l" Section 1 0, Township 19 North, Range
28 East, W.M.:
1. Those properties fronting on each side of Randolph Road shall be assessed per Grant County
Parcel Number:
Grant County Parcel Number
171016000
312079000
312080000
110866002
110866001
313388000
110069515
110069514
110069516
110069517
171051000
Assessment
$25,549
$ 5,716
$ 5,939
$20,544
$19,989
$15,159
$14,018
$ 8,085
$15,277
$13,071
$90,333
2. Those properties fronting on each side of Beacon Road and Beacon Road extended to
Longview Street shall be assessed $24.85 per front foot.
The above reimbursement rates shall be adjusted upward commencing on June 2, 2014 by the
change in the January to January all West Coast Cities CPI-index issued in 2013 and shall be so
adjusted each June 1 thereafter using the same index.
Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication of its
summary as provided by law.
Adopted by the City Council and signed by its Mayor on September 25,2012.
ATTEST Bill Ecret, Mayor
Ronald R. Cone, Finance Director
APPROVED AS TO FORM:
Katherine L Kenison, City Attorney
September 18, 2012
Honorable Mayor and
Moses Lake City Council
Dear Council Members
CITT OF
MOSES LAKE
Attached is a proposed ordinance granting a franchise to iFiber Communications
Corporation to operate and maintain a cable system in the City of Moses Lake and setting
forth conditions accompanying the grant of franchise.
The current franchise with iFiber expired on June 1, 2012 . This franchise is for a 10 year
period and will expire on May 31 , 2022.
The proposed ord inance is presented to you for consideration. This is the second reading
of the ordinance.
---t1r<iG :jt
City Manager 764-3701 • City Attorney 764-3703 • Community Development 764-3750 • Finance 764-3717 • Fire 765-2204
Municipal Services 764-3783 .l\!unicipal Court 764-3701 . Parks & Recreation 764-3805 . Police 764-3887 . Fax 764-3739
401 S Balsam St. • PO. Box 1579 • Moses Lake, WA 98837-0224 . www.cityofmLcom
ORDINANCE NO.
AN ORDINANCE GRANTING A FRANCHISE TO IFIBER COMMUNICATIONS
CORPORATION TO OPERATE AND MAINTAIN A CABLE SYSTEM IN THE CITY OF
MOSES LAKE AND SETTING FORTH CONDITIONS ACCOMPANYING THE GRANT OF
FRANCHISE.
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DOES ORDAIN AS FOLLOWS
Section 1. Findings. iFiber Communications Corporation,("Grantee") desires to operate a cable system in the
rights-of-way of the City of Moses Lake. Negotiations between iFiber and the City have been completed and
the franchise process followed in accordance with the guidelines established by applicable law. As a condition
of receiving this franchise, Grantee has agreed to abide by the City's current and future lawful policies,
ordinances and regulations regarding infrastructure usage, and street-cuts and rights-of-way.
Section 2. Adoption. This ordinance shall be known as the iFiber Communications Corporation 2012
Franchise and shall provide as follows.
TABLE OF CONTENTS
SECTION 1. DEFINITIONS
SECTION 2. GRANT OF FRANCHISE
2.1 Grant
2.2 Use of Public Streets and Ways
2.3 Duration
2.4 Effective Date
2.5 Franchise Nonexclusive
2.6 Grant of Other Franchises
2.7 Police Powers
2.8 Relations to Other Provisions of Law
2.9 Effect of Acceptance
2.10 Effect of Change in the Cable Act
SECTION 3. FRANCHISE FEE AND FINANCIAL CONTROLS
3.1 Franchise Fee
3.2 Payments
3.3 Acceptance of Payment and Recomputation
3.4 Monthly Franchise Fee Reports
3.5 Annual Franchise Fee Reports
3.6 Interest on Late Payments
3.7 Alternative Remedies
3.8 Additional Commitments Not Franchise Fees
3.9 Costs of Publication
3.10 Tax Liability
3.11 Payment on Termination
SECTION 4. ADMINISTRATION AND REGULATION
4.1 Authority
4.2 Rates and Charges
4.3 Rate Discrimination
4.4 Filing of Rates and Charges
4.5 Time Limits Strictly Construed
4.6 Performance Evaluation Sessions
SECTION 5. FINANCIAL AND INDEMNIFICATION REQUIREMENTS
5.1 Indemnification
5.2 Letter of Credit
Ordinance No.
Page 2
SECTION 6. CUSTOMER SERVICE
6.1 Customer Service Standards
6.2 Subscriber Privacy
6.3 Local Office
6.4 Emergency Override
SECTION 7. REPORTS AND RECORDS
7.1 Open Records
7.2 Confidentiality
7.3 Complaint File and Reports
7.4 Inspection of Facilities
7.5 False Statements
SECTION 8. PROGRAMMING
8.1 Broad Programming Categories
8.2 Parental Control Device
8.3 Leased Access Channels
8.4 Continuity of Service
8.5 Service for Disabled
8.6 Community Programming Needs
8.7 Category Agreement
SECTION 9. TEST AND COMPLIANCE PROCEDURE
SECTION 10. SERVICE EXTENSION, CONSTRUCTION AND INTERCONNECTION
10.1 Equivalent Service
10.2 Service Availability
10.3 Connection of Public Facilities
SECTION 11. FRANCHISE VIOLATIONS; REVOCATION OF FRANCHISE
11.1 Procedure for Remedying Franchise Violations
11 .2 Revocation
11.3 Liquidated Damages
11.4 Receivership and Foreclosure
11.5 No Recourse Against Grantor
11 .6 Nonenforcement by Grantor
11.7 Relationship of Remedies
SECTION 12. FRANCHISE RENEWAL AND TRANSFER
12.1 Renewal
12.2 Transfer of Ownership or Control
SECTION 13. SEVERABILITY
SECTION 14. MISCELLANEOUS PROVISIONS
14.1 Preferential or Discriminatory Practices Prohibited
14.2 Notices
14.3 Binding Effect
14.4 Authority to Amend
14.5 Governing Law
14.6 Guarantee
14.7 Captions
14.8 Construction of Agreement
14.9 Entire Agreement
14.10 Attorney's Fees
14.11 Time Is of the Essence
September 25, 2012
SECTION 1. DEFINITIONS. For the purposes of this Agreement and all exhibits attached hereto, the
following terms, phrases, words and their derivations shall have the meaning given herein. When not
Ordinance No.
Page 3 September 25, 2012
inconsistent with the context, words used in the present tense include the future, words in the plural include
the singular, and words in the singular include the plural. Words not defined shall be given their common and
ordinary meaning. The word "shall" is always mandatory and not merely directory.
1.1 "Affiliate" when used in connection with Grantee means any corporation, person or entity who owns
or controls, is owned or controlled by, or is under common ownership or control with, Grantee.
1.2 "Basic Service" means any service tier which includes the retransmission of local television
broadcast signals, or as such service tier may be further defined by federal law.
1.3. "Cable Act" mean the Cable Communications Policy Act of 1984 and the Cable Television
Consumer Protection and Competition Act of 1992 and any amendments thereto, including those
contained in the Telecommunications Act of 1996, and any future federal cable television legislation .
1.4 "Cable Operator" means any Person or groups of Persons, including Grantee, who provide Cable
Service over a Cable System and directly or through one or more Affiliates own a significant interest
in such Cable System or who otherwise control or are responsible for, through any arrangement,
the management and operation of such a Cable System.
1.5 "Cable Service" means the one-way transmission of video programming or other programming
service to Subscribers, and Subscriber interaction, if any, which is required for the selection or use
of such video programming or other programming service.
1.6 "Cable System" means a facility, consisting of a set of closed transmission paths and associated
signal generation, reception , and control equipment that is designed to provide Cable Service which
includes video programming and which is provided to multiple Subscribers within a community, but
such term does not include (1) a facility that serves only to retransmit the television signals of one
or more television broadcast stations; (2) a facility that serves Subscribers without using any public
right-of-way; (3) a facility of a common carrier which is subject, in whole or in part, to the provisions
of Title II of the federal Communications Act (47 U.S.C. 201 et seq.), except that such facility shall
be considered a Cable System (other than for purposes of Section 621 (c) (47 U.S.C. 541 (c)) to the
extent such facility is used in the transmission of video programming directly to Subscribers, unless
the extent of such use is solely to provide interactive on-demand service; (4) an open video system
that complies with federal statutes; or (5) any facilities of any electric utility used solely for operating
its electric utility systems.
1.7 "Channel" means a portion of the electromagnetic spectrum which is used in a Cable System and
is capable of delivering a television channel, as television channel is defined by the FCC in other
applicable regulations.
1.8 "Downstream" means the transmission from the Headend to remote points on the Cable System
or to Interconnection points on the Cable System.
1.9 "FCC" means the Federal Communications Commission.
1.10 "Franchise" means the non-exclusive and revocable authorization or renewal thereof for the
construction or operation of a Cable System such as is granted by this Agreement, whether such
authorization is designated as a franchise, license, resolution, contract, certificate, agreement or
otherwise.
1.11 "Franchise Area" means the area within the jurisdictional boundaries of the City, including any areas
annexed by Grantor during the term of this Agreement.
1.12 "Gross Revenues" means all amounts accrued by Grantee in whatever form and from all sources,
from the operation of Grantee's Cable System to provide Cable Service within the franchise area.
"Gross Revenues" shall include, without limitation, all amounts for all Cable Services, including, but
not limited to, basic, expanded basic, premium, and pay-per-view services, advertising sales and
installation fees and charges. "Gross Revenues" shall also include any revenue received by any
affiliate of Grantee where such revenue in the ordinary course of business has been paid or should
have been paid to Grantee from the operation of its Cable System to provide Cable Service within
Ordinance No.
Page 4 September 25 ,2012
the franchise area. By way of illustration and not limitation, this definition would include revenue
derived from the sale of Cable System advertising time by an affiliate of Grantee. "Gross
Revenues" shall not include bad debt, sales taxes, or other taxes which are collected by Grantee
on behalf of, and for payment to, the local, state or federal government.
1.13 "Headend" means a facility for signal reception and dissemination on a Cable System, including
cables, antennas, wires, satellite dishes, monitors, switches, modulators, processors and all other
related equipment and facilities.
1.14 "Interconnect" means the provision by Grantee of technical , engineering, physical, and all other
necessary components to maintain a physical linking of Grantee's Cable System and Cable Service
or any designated channel or signal pathway thereof with neighboring Cable Systems, so that Cable
Service of technically adequate quality may be sent to, and received from , other systems in
accordance with this Agreement.
1.15 "Leased Access Channel" means any channel commercially available for programming for a fee or
charge by Grantee to members of the general public.
1.16 "Person" means any individual, natural person, sole proprietorship, partnership, association, or
corporation, or any other form of entity or organization.
1.17 "School" means any accredited educational institution, public or private, including, but not limited
to , primary and secondary schools, and colleges and universities.
1.18 "Street" means each of the following which have been dedicated to the public or are hereafter
dedicated to the public and maintained under public authority or by others and located within the
franchise area: streets, roadways, highways, avenues, lanes, alleys, sidewalks, easements,
rights-of-way and similar public property and areas.
1.19 "Subscriber" means any person who elects to subscribe to, for any purpose, Cable Service provided
by Grantee by means of, or in connection with, the Cable System, and whose premises are
physically wired and lawfully activated to receive Cable Service from Grantee's Cable System.
A. "Commercial Subscriber" which means any subscriber other than residential subscriber.
B. "Residential Subscriber" which means any person who receives Cable Service delivered to
single or multiple dwelling units, excluding such multiple dwelling units billed on a bulk-billing
basis.
1.20 "Upstream" means the carrying of a transmission to the Headend from remote points on the Cable
System or from Interconnection points on the Cable System.
SECTION 2. GRANT OF FRANCHISE
2.1 Grant
A. This Agreement authorizes Grantee to engage in providing Cable Service, as that term is
defined in 47 U.S.C. Sec. 522(6), as amended.
B. Grantee promises and guarantees, as a condition of exercising the privileges granted by this
Agreement, that any affiliate or joint venture or partner of the Grantee directly involved in the
offering of Cable Service in the franchise area, or directly involved in the management or
operation of the Cable System in the franchise area will also comply with the terms and
conditions of this Agreement.
2.2 Use of Public Streets and Ways: Grantee will provide a Cable Service within the franchise area by
means of infrastructure owned and maintained by a third party which party has separately obtained
a franchise from the City to locate and maintain its infrastructure in the public rights-of-way. Grantee
is not granted any permission to make any use of the City's rights-of-way except as a user of the
Ordinance No.
Page 5 September 25,2012
third party's infrastructure upon such terms and conditions as the Grantee and the third party shall
determine.
2.3 Duration: The term of this Agreement and all rights, privileges, obligations and restrictions
pertaining thereto shall be from the effective date of this Agreement through May 31 ,2022.
2.4 Effective Date: The effective date of this Agreement shall be June 1, 2012, unless Grantee fails to
file an unconditional written acceptance of this Agreement by November 1,2012, in which event th is
Agreement shall be null and void, and any and all rights of Grantee to operate a Cable System
within the franchise area under this Agreement are hereby terminated.
2.5 Franchise Nonexclusive: This Agreement shall be nonexclusive, and is subject to all prior rights,
interests, agreements, permits, easements or licenses granted by Grantor and for such additional
franchises for Cable Systems as Grantor deems appropriate, upon such terms and conditions as
Grantor deems appropriate.
2.6 Grant of Other Franchises:
A. In the event the Grantor enters into a franchise, permit, license, authorization, or other
agreement of any kind with any other person or entity other than the Grantee for the purpose
of constructing or operating a Cable System or providing Cable Service to any part of the
service area , in which the Grantee is actually providing Cable Service under the terms and
conditions of this Agreement, the material provisions thereof shall be reasonably comparable
to those contained herein, in order that one operator not be granted an unfair competitive
advantage over another, and to provide all parties equal protection under the law.
B. If Grantor grants a franchise to a third party for service to an area that Grantee is not actually
serving or required to extend service to, and which has material provisions that are not
reasonably comparable to those contained herein , Grantor shall offer Grantee a franchise to
serve the same area under terms and conditions that are reasonably comparable to those set
forth in the franchise agreement entered into with the th ird party.
2.7 Po lice Powers: Grantee's rights hereunder are subject to the lawful police powers of Grantor to
adopt and enforce ordinances necessary to the safety, health, and welfare of the public, and
Grantee agrees to comply with all applicable laws and ordinances enacted, or hereafter enacted,
by Grantor or any other legally-constituted governmental unit having lawful jurisdiction over the
subject matter hereof. Notwithstanding the foregoing, Grantor agrees it will not impose any
regulation pursuant to the Cable Act not contained herein during the term of this franchise without
negotiation with the Grantee and an opportunity for the Grantee to terminate this franchise rather
than accept further regulation under the powers granted the Grantor under the Cable Act.
2.8 Relations to Other Provisions of Law: This Franchise Agreement and all rights and privileges
granted under the franchise are subject to, and the Grantee must exercise all rights in accordance
with, applicable law, as amended over the franchise term. However, this franchise is a contract,
subject only to the Grantor's exercise of its police and other powers and applicable law. This
franchise does not confer rights or immunities upon the Grantee other than as expressly provided
herein. In the case of any conflict between the express terms of this Franchise Agreement and any
ordinance of general application enacted pursuant to the Grantor's po li ce power, the ordinance shall
govern. Grantee does not waive its right to challenge the lawfulness of a particular enactment,
including on the grounds that a particular action is an unconstitutional impairment of contractual
rights. The franchise issued and the franchise fee paid hereunder are not in lieu of any other
required permit, authorization, fee, charge or tax, unless expressly stated herein.
2.9 Effect of Acceptance: By accepting the Agreement, the Grantee: (1) acknowledges and accepts
the Grantor's legal right to issue and enforce the Agreement; (2) agrees that it will not oppose the
Grantor's intervening in any proceeding affecting the Cable System; (3) accepts and agrees to
comply with each and every provision of this Agreement; and (4) agrees that the Ag reement was
granted pursuant to processes and procedures consistent with applicable law, and that it will not
raise any claim to the contrary.
Ordinance No.
Page 6 September 25 , 2012
2.10 Effect of Change in the Cable Act: This form of franchise is agreed to between the parties owing
to the provisions of the Cable Act in place at the time it was entered into. In the event the Cable Act
is amended or other federal legislation is adopted providing other means to regulate Grantee's
activity, the Grantor and Grantee agree to negotiate to implement such other means of regulation
of Grantee's activity.
SECTION 3. FRANCHISE FEE AND FINANCIAL CONTROLS
3.1 Franchise Fee: As compensation for the benefits and privileges granted under this Agreement and
in consideration of permission to use Grantor's streets, Grantee shall pay as a franchise fee to
Grantor, throughout the duration of this Agreement, an amount equal to five percent (5%) of
Grantee's gross revenues derived from the operation of the Cable System to provide cable service
in the franchise area. Accrual of such franchise fees shall commence as of the effective date of this
Agreement. The franchise fees are in addition to all other fees, assessments, taxes or payments
of general applicability that the Grantee may be required to pay under any federal, state or local law.
This Agreement and the franchise fees paid hereunder are not in lieu of any other generally
applicable required permit, authorization, fee, charge or tax.
3.2 Payments: Grantee's franchise fee payments to Grantor shall be computed monthly. Each monthly
payment shall be due and payable no later than thirty (30) days after the last day of the preceding
month.
3.3 Acceptance of Payment and Recomputation: No acceptance of any payment shall be construed
as an accord by Grantor that the amount paid is, in fact, the correct amount, nor shall any
acceptance of payments be construed as a release of any claim Grantor may have for further or
additional sums payable or for the performance of any other obligation of Grantee.
3.4 Monthly Franchise Fee Reports: Each payment shall be accompanied by a written report to
Grantor, containing an accurate statement in summarized form, as well as in detail, of Grantee's
gross revenues and the computation of the payment amount.
3.5 Annual Franchise Fee Reports: On an annual basis, upon thirty (30) days' prior written notice,
Grantor shall have the rightto conduct an independent audit of Grantee's records reasonably related
to the administration or enforcement of this Agreement, in accordance with generally accepted
accounting principles. The City may hire an independent certified public accountant to audit the
Grantee's financial records, in which case the Grantee shall provide all necessary records to the
certified public accountant. If the audit shows that franchisee fees have been underpaid by four
percent (4%) or more, Grantee shall pay the total cost of the audit.
3.6 Interest on Late Payments: In the event that a franchise fee payment or other sum is not received
by the Grantor on or before the due date, or is underpaid, the Grantee shall pay in addition to the
payment, or sum due, interest from the due date at a rate equal to the interest rate specified for
judgments entered in the Superior Court of the State of Washington.
3.7 Alternative Remedies: If any section, subsection, paragraph, term or provision of this Franchise
Agreement or any ordinance, law, or document incorporated herein by reference is held by a court
of competent jurisdiction to be invalid, unconstitutional or unenforceable, such holding shall be
confined in its operation to the section, subsection, paragraph, term or provision directly involved
in the controversy in which such holding shall have been rendered and shall not in any way affect
the validity of any other section, subsection, paragraph, term or provision hereof. Under such a
circumstance, the Grantee shall, upon the Grantor's request, meet and confer with the Grantor to
consider amendments to the Franchise Agreement. The purpose of the amendments shall be to
place the parties, as nearly as possible, in the position that they were in prior to such determination,
consistent with applicable law. In the event the parties are unable to agree to a modification of this
Agreement within sixty (60) days, either party may either (1) resort to litigation to amend the
Agreement; or (2) shorten the Agreement to 36 months, at which point either party may invoke the
renewal procedures under 47 U.S .C. subsection 546. Each party agrees to participate in up to
sixteen (16) hours of negotiation during the sixty (60) day period.
Ordinance No.
Page 7 September 25, 2012
3.8 Additional Commitments Not Franchise Fees: No term or condition in this Agreement shall in any
way modify or affect Grantee's obligation to pay franchise fees to Grantor. Although the total sum
of franchise fee payments and additional commitments set forth elsewhere in this Agreement may
total more than five percent (5%) of Grantee's Gross Revenues in any 12-month period, Grantee
agrees that the additional commitments herein are not fran chise fees as defined under any federal
law, nor are they to be offset or credited against any franchise fee payments due to Grantor.
3.9 Costs of Publication: Grantee shall pay the reasonable cost of newspaper notices and publication
pertaining to this Agreement and any amendments thereto, as such notice or publication is
reasonably required by Grantor or applicable law.
3.10 Tax Liability: Payment of the franchise fees under this Agreement shall not exempt Grantee from
the payment of any generally applicable license, permit fee or other generally applicable fee, tax or
charge on the business, occupation, property or income of Grantee that may be imposed by
Grantor.
3.11 Payment on Termination: If this Agreement terminates for any reason, the Grantee shall file with
the Grantor within ninety (90) calendar days of the date of the termination, a financial statement,
certified by an independent certified public accountant, showing the gross revenues received by the
Grantee since the end of the previous fiscal year. The Grantor reserves the right to satisfy any
remaining financial obligations of the Grantee to the Grantor by utilizing the funds available in any
Letter of Credit or other security provided by the Grantee.
SECTION 4. ADMINISTRATION AND REGULATION
4.1 Authority: Grantor is vested with the power and right to regulate the exercise of the privileges
permitted by this Agreement in the public interest, or to delegate that power and right, or any part
thereof, to the extent permitted under state and local law, to any agent, in its sole discretion.
4.2 Rates and Charges: All of Grantee's rates and charges related to or regarding Cable Service shall
be subject to regulation by Grantor to the full extent authorized by applicable federal, state and local
laws.
4.3 Rate Discrimination: All of Grantee's rates and charges shall be published (in the form of a
publicly-available rate card), and shall be nondiscriminatory as to all persons and organizations of
similar classes, under similar circumstances and conditions. Grantee shall apply its rates in
accordance with governing law, with similar rates and charges for all subscribers receiving similar
Cable Service, without regard to race, color, familial, ethnic or national origin, religion, age, sex,
sexual orientation, marital, military oreconomic status, or physical or mental disability, or geographic
location in the franchise area. Grantee shall provide equivalent Cable Service to all residential
subscribers at similar rates and to commercial subscribers as authorized by applicable laws.
Nothing herein shall be construed to prohibit:
A The temporary reduction or waiving of rates or charges in conjunction with valid promotional
campaigns;
B. The offering of reasonable discounts to senior citizens or economically disadvantaged citizens;
C. Grantee from establishing different and nondiscriminatory rates and charges and classes of
service for commercial customers, as well as different nondiscriminatory monthly rates for
classes of commercial customers as allowable by federal law and regulations; or
D. Grantee from establishing different and nondiscriminatory rates and charges for residential
subscribers as allowable by federal law and regulations.
4.4 Filing of Rates and Charges:
A Throughout the term of this Agreement, Grantee shall maintain on file with Grantor a complete
schedule of applicable rates and charges for Cable Service provided under this Agreement
Nothing in this subsection shall be construed to require Grantee to file rates and charges under
Ordinance No.
Page 8 September 25,2012
temporary reductions or waivers of rates and charges in conjunction with promotional
campaigns provided that Grantee shall make reasonable efforts to notify Grantor in writing in
advance of such promotions.
B. Grantee shall provide upon request from Grantor a complete schedule of current rates and
charges for any and all leased access channels, or portions of such channels, provided by
Grantee. The schedule shall include a description of the price, terms and co nditions
established by Grantee for leased access channels.
4.5 Time Limits Strictly Construed: Whenever this Agreement sets forth a time for any act to be
performed by Grantee, such time shall be deemed to be of the essence, and any failure of Grantee
to perform within the allotted time may be considered a material violation of this Agreement and
sufficient grounds for Grantor to invoke any relevant provision of this Agreement. However, in the
event that Grantee is prevented or delayed in the performance of any of its obligations under th is
Agreement by reason beyond the reasonable control of Grantee, such as acts of God (for example,
floods, tornadoes, earthquakes or unusually severe weather conditions), Grantee's performance
shall be excused during the force majeure occurrence and Grantee thereafter shall , under the
circumstances, promptly perform the affected obligations under this Agreement or procure a
substitute for such obligation which is satisfactory to Grantor. Grantee shall not be excused by mere
economic hardship nor by misfeasance or malfeasance of its directors, officers or employees.
4.6 Performance Evaluation Sessions:
A. Grantor may hold regular performance evaluation sessions annually on the anniversary dates
of the effective date of this Agreement. All such evaluation sessions shall be conducted by
Grantor.
B. Special evaluation sessions may be held at any time by Grantor during the term of this
Agreement.
C. All regular evaluation sessions shall be open to the public and announced at least one week
in advance in a newspaper of general circulation in the franchise area.
D. Evaluation sessions shall deal with the Grantee's performance of the terms and conditions of
the franchise and compliance with state and federal laws and regulations .
E. As part of the annual performance evaluation session, Grantee shall submit to the Grantor a
list of all cable services available. If the Grantor has reason to believe that a portion or all of
the Cable System does not meet the appl icable FCC technical standards, the Grantor, at its
expense, retains the right to appoint a qualified independent engineer to evaluate and verify
the technical performance of the cable system .
F. During evaluations under this section, Grantee shall fully cooperate with Grantor and shall
provide such information and documents as necessary and reasonable for Grantor to perform
the evaluation.
SECTION 5. FINANCIAL AND INDEMNIFICATION REQUIREMENTS
5.1 Indemnification
A. Scope of Indemnity. Grantee shall, at its sole cost and expense, indemnify, hold harmless, and
defend the Grantor and its officers, boards, commissions, agents, and employees against any
and all claims , including, but not limited to, third party claims, suits, causes of action,
proceedings, and judgments for damages or equitable relief arising out of the operation of its
Cable System regardless of whether the act or omission complained of is authorized, allowed,
or prohibited by this Agreement provided, however, the Grantee will not be obligated to
indemnify Grantor should Grantor intervene in any proceeding regarding the grant of this
Agreement pursuant to Section 2.9 of this Agreement. Without limiting in any way the
Ordinance No.
Page 9 September 25, 2012
Grantee's obligation to indemnify the Grantor and its officers, boards, commissions, agents, and
employees, as set forth above, this indemnity provision also includes damages and liabilities such
as:
1. To persons or property, in any way arising out of or through the acts or omissions of the
Grantee, its contractors, subcontractors and their officers, employees, or agents, or to
which the Grantee's negligence shall in any way contribute;
2. Arising out of any claim for invasion of the right of privacy; for defamation of any person,
firm or corporation; for the violation or infringement of any copyright, trademark, trade
name, service mark, or patent; for a failure by the Grantee to secure consents from the
owners or authorized distributors of programs to be delivered by the Cable System; or for
violation of any other right of any person;
3. Arising out of Grantee's failure to comply with the provisions of any federal, state or local
statute, ordinance, ru le or regulation applicable to the Grantee with respect to any aspect
of its business to which this Agreement applies; and
4. Arising from any third party suit, action or litigation, whether brought by a competitor to
Grantee or by any other person or entity, whether such person or entity does or does not
have standing to bring such suit, action or litigation if such action (1) challenges the
authority of the Grantor to issue this Agreement to Grantee; or (2) alleges that, in issuing
this Agreement to Grantee, the Grantor has acted in a disparate or discriminatory manner.
B. Duty to Give Notice and Tender Defense. The Grantor shall give the Grantee timely written
notice of any claim or of the commencement of any action, suit or other proceeding covered
by the indemnity in this section. In the event any such claim arises, the Grantor or any other
indemnified party shall tender the defense thereof to the Grantee and the Grantee shall have
the obligation and duty to defend, settle or compromise any claims arising thereunder, and the
Grantor shall cooperate fully therein. Grantee shall accept or decline the tender within thirty
(30) days. Grantee shall reimburse reasonable attorneys' fees and costs incurred by the
Grantor during the thirty (30) day period in which the Grantee accepts or declines tender. In
the event that the Grantee declines defense of the claim in violation of Section 5.3, the Grantor
may defend such claim and seek recovery from Grantee its expenses for reasonable attorneys'
fees and disbursements, including expert witness fees, incurred by Grantor for defense and
in seeking such recovery.
5.2 Performance Bond: Upon or before the effective date of this franchise, Grantee shall obtain and
maintain during the entire term of this franchise, including any extensions or renewals thereof, at
its own cost and expense, a performance bond that shall be filed with the Grantor in the amount of
six thousand dollars ($6,000) as guarantee for the faithful performance by it of all the provisions of
this franchise. Such bond shall be reviewed at the end of sixty (60) months. The amount of the
bond shall be set for the remainder of the franchise term at the greater of six thousand dollars
($6,000) or the amount of franchise fees paid in the sixtieth month.
SECTION 6. CUSTOMER SERVICE
6.1 Customer Service Standards: The Grantee shall meet or exceed any customer service standards
adopted by the FCC and, to the extent the same are stricter or address different matters, those
adopted now or in the future by the Grantor.
6.2 Subscriber Privacy: Grantee will comply with privacy rights of subscribers in accordance with
federal, state and local law.
6.3 Local Customer Access: Throughout the Agreement term, the Grantee shall provide telephones
and other equipment so that customer complaints and service requests can be received by Grantee
on a twenty-four (24) hour basis at a toll-free telephone number.
Ordinance No.
Page 10 September 25, 2012
6.4 Emergency Override: The Grantee shall maintain systems, equipment, and procedures permitting
preempting of the regular signal on all channels with emergency warning signals originating from
the GrantCounty Emergency Services (GCES). The following stipulations shall apply, except where
and to what extent they may be preempted by FCC regulations:
A. The Director of the GCES shall determine when the Emergency Cable Override is to be
activated in response to actual or impending emergency conditions.
B. The Grantee shall provide and maintain all equipment, systems, software, services, security
provisions, and procedures required for a fully operational emergency cable override warning
system in accordance with FCC rules. Any equipment necessary for activation of the system
by the GCES shall be provided by the Grantor. Activation points shall be at the GCES and one
other backup point within the Grant County area, as mutually agreed upon by the parties.
C. The cable override shall consist of audio and crawler text signals as required by the Federal
Communications Commission rules governing the new Emergency Alert System (EAS).
D. The system shall be tested as determined by the GCES not more than monthly and not less
than annually.
E. The Grantee shall cooperate fully with the GCES in all other matters pertaining to a functioning
emergency cable override system.
F. Should the owner of the infrastructure which is the means of transmission of the Cable Service
authorized in this Agreement provide the emergency override acceptable to the GCES, then
the Grantee shall have no further obligation under this provision.
SECTION 7. REPORTS AND RECORDS:
7.1 Open Records
A. Grantee shall manage all of its operations in accordance with a policy of keeping its documents
and records open and accessible to City. City shall have access to, and the right to inspect,
any books and records of Grantee, its parent corporations and affiliated entities which are
reasonably related and necessary to the administration or enforcement of the terms of this
Agreement. Grantee shall not deny City access to any such records of Grantee on the basis
that Grantee's records are under the control of any parent corporation, affiliated entity or a third
party related to this Agreement. City may, in writing, request copies of any such records or
books and Grantee shall provide such copies within thirty (30) days of the transmittal of such
request. One copy of all reports and records required under this or any other section shall be
furnished to City at the sole expense of Grantee. If the requested books and records are too
voluminous, or for security reasons cannot be copied or removed, then Grantee may request,
in writing within ten (10) days, that City inspect them at one of Grantee's local area offices. If
any books or records of Grantee are not kept in a local area office and not made available in
copies to City upon written request as set forth above, and if City determines that an
examination of such records is necessary or appropriate to the performance of any of City's
duties, administration or enforcement of this Agreement, then all reasonable travel expenses
incurred in making such examination shall be paid by Grantee. If any books or records of
Grantee are not kept in a local office, Grantee will provide or otherwise make such documents
available for inspection and review at the local office within ten (10) working days.
7.2 Confidentiality: City agrees to treat as confidential any books and records that constitute proprietary
or confidential information under federal or state law, to the extent Grantee makes City aware of
such confidentiality. Grantee shall be responsible for clearly and conspicuously stamping the word
"Confidential" on each page that contains confidential or proprietary information, and shall provide
a brief written explanation as to why such information is confidential under state or federal law. If
City receives a demand from any person for disclosure of any information designated by Grantee
as confidential, City shall, so far as consistent with applicable law, advise Grantee in advance so
that Grantee may take appropriate steps to protect its interests and provide Grantee with a copy of
any written request by the party demanding access to such information within a reasonable time.
Ordinance No.
Page 11 September 25,2012
Until otherwise ordered by a court or agency of competent jurisdiction, City agrees that, to the extent
permitted by state and federal law, it shall deny access to any of Grantee's books and records
marked confidential as set forth above to any person.
7.3 Complaint File:
A. Grantee shall keep an accurate and comprehensive file of any and all complaints regarding
the Cable System as required by the FCC.
7.4 Inspection of Facilities: City may inspect upon request any of Grantee's facilities and equipment to
confirm performance under this Agreement at any time upon at least forty-eight (48) hours notice,
or, in case of an emergency, upon demand without prior notice.
7.5 False Statements: Any intentional false or misleading statement or representation in any report
required by this Agreement may be deemed a material violation of this Agreement and may subject
Grantee to all remedies, legal or equitable, which are available to City under this Agreement or
otherwise.
SECTION 8. PROGRAMMING
8.1 Broad Programming Categories:
A. Grantee's cable television system shall provide the widest diversity of programming possible.
Grantee shall provide at least the following broad categories of programming to the extent such
categories are reasonably available:
1. Educational programming;
2. Washington State news and information;
3. Sports;
4. General entertainment (including movies);
5. Children/family-oriented;
6. Arts, culture and performing arts;
7. Foreign language;
8. Science/documentary;
9. Weather information;
10. Programming addressed to diverse ethnic and minority interests in the franchise area;
and
11 . National, state, and local government affairs.
B. Grantee shall not delete any broad category of programming within its control.
8.2 Parental Control Device: Upon request by any subscriber, Grantee shall, without charge, fully
scramble or otherwise fully block the audio and video programming of each channel carrying such
programming so that one not a subscriber does not receive it. Upon request by a subscriber,
Grantee may install a filter to block at least the video of certain channels a subscriber subscribes
to but finds objectionable.
8.3 Leased Access Channels: Grantee shall meet the requirements for leased access channels
imposed by federal law.
8.4 Continuity of Service:
A. It shall be the right of all subscribers to continue to receive cable service from Grantee insofar
as their financial and other obligations to Grantee are satisfied. Subject to the force majeure
provisions of this Agreement, Grantee shall use its best efforts to ensure that all subscribers
receive continuous, uninterrupted cable service.
B. In the event of a change in ownership, or in the event a new cable operator acquires the Cable
System in accordance with this Agreement, Grantee shall cooperate with City and such new
cable operator in maintaining continuity of service to all subscribers.
Ordinance No.
Page 12 September 25, 2012
8.5 Grantee shall retransmitall closed-captioned signals made available by programmers in conjunction
with programming in its line-up and which are required to be carried by the FCC in order to facilitate
viewing by handicapped persons. Grantee shall comply with the Americans With Disabilities Act,
any amendments thereto and any other applicable federal, state or local laws or regulations.
Grantee shall maintain the necessary head-end equipment to make SAP features available to
subscribers. Grantee's obligations under this subsection do not extend to providing customer
premises equipment.
8.6 Community Programming Needs: At the request of the Mayor, but no more than twice, ninety (90)
days after such request, the Grantee shall furnish to all subscribers along with their monthly service
statement, a list of broad categories of programming, and other services available to Grantee,
subject to prior review by the Mayor. The menu to be in the format of a mailback survey for
determination of the subscriber's programming preference. The results of the survey are to be
provided the City by the Grantee with any proposed change(s) in programming to accommodate
subscriber's desired revisions as indicated by the results of the survey.
8.7 Category Agreement: The parties expressly agree that the programming described in paragraph
8.1 represent broad categories of video programming within the meaning of 47 U.S.C. 544(b) (2)
(B).
SECTION 9. TEST AND COMPLIANCE PROCEDURES
Upon request, Grantee shall advise Grantor of schedules and methods for testing the cable system on a
regular basis to determine compliance with the provisions of applicable FCC technical standards. Tests may
be witnessed by representatives of Grantor, and written test reports may be made available to Grantor upon
request.
As required by FCC Rules, Grantee shall conduct proof of performance tests and cumulative leakage index
tests designed to demonstrate compliance with FCC requirements. Grantee shall provide Grantor summary
written reports of the results of such tests.
SECTION 10. SERVICE EXTENSION, CONSTRUCTION, AND INTERCONNECTION
10.1 Equivalent Service: It is Grantee's general policy that all residential dwelling units in the franchise
area have equivalent availability to cable service from Grantee's cable system under
nondiscriminatory rates and reasonable terms and conditions. Grantee shall not arbitrarily refuse
to provide cable service to any person within its franchise area.
10.2 Service Availability: New Construction. Grantee shall provide cable service in newly constructed
areas as soon as the infrastructure carrying Grantee's cable service is installed and operational.
10.3 Connection of Public Facilities: Grantee shall, at no cost to Grantor, provide at least one (1) outlet
of Basic and expanded basic programming to all City/Grant County buildings, as designated by the
Grantor, and all libraries and schools. In addition, Grantee shall provide, at no cost to the building
owner, one (1) outlet of Basic and expanded basic programming to all such future public buildings.
Outlets of Basic and expanded basic programming provided in accordance with this subsection may
be used to distribute cable service throughout such buildings, provided such distribution can be
accomplished without causing cable system disruption and general technical standards are
maintained.
SECTION 11 . FRANCHISE VIOLATIONS; REVOCATION OF FRANCHISE
11 .1 Procedure for Remedying Franchise Violations:
A. If Grantor reasonably believes that Grantee has failed to perform any obligation under this
franchise or has failed to perform in a timely manner, Grantor shall notify Grantee in writing,
stating with reasonable specificity the nature of the alleged violation. Grantee shall have thirty
(30) days from the date of receipt of such notice to:
Ordinance No.
Page 13 September 25, 2012
1. Respond to Grantor, contesting Grantor's assertion that a violation has occurred, and
request a hearing in accordance with sUbsection C below; or
2. Cure the violation; or
3. Notify Grantor that Grantee cannot cure the violation within the thirty (30) days, because
of the nature of the violation and notify the Grantor in writing of what steps the Grantee
shall take to cure the violation including the Grantee's projected completion date for such
cure. In such case, Grantor shall set a hearing date within thirty (30) days of receipt of
such response in accordance with subsection B. below.
B. In the event that the Grantee notifies the Grantor that it cannot cure the violation within the
thirty (30) day cure period, Grantor or its designee shall set a public hearing within thirty (30)
days of Grantor's receipt of such notice to review and determine whether the Grantee has
taken reasonable steps to cure the violation and whether the Grantee's proposed plan and
completion date for cure are reasonable. In the event such plan and completion date are found
to be reasonable, the same shall be approved by the Grantor.
C. In the event that the Grantee fails to cure the violation within the thirty (30) day basic cure
period, or within an extended cure period approved by the Grantor or designee pursuant to
subsection B, the Grantor or designee shall set a public hearing to determine what sanctions
shall be applied. In the event that the Grantee contests the Grantor's assertion that a violation
has occurred, and requests a hearing in accordance with subsection A.1. above, the Grantor
or designee shall set a public hearing within sixty (60) days of the Grantor's receipt of the
hearing request to determine whether the violation has occurred, and if a violation is found,
what sanctions shall be applied.
D. In the case of any hearing pursuant to this section, Grantor shall notify Grantee of the hearing
in writing and at the hearing, Grantee shall be provided an opportunity to be heard and to
present evidence in its defense. The Grantor shall also hear any other person interested
therein.
E. If, after the public hearing, Grantor or designee determines that a violation exists, Grantor or
designee may utilize one or more of the following remedies subject to Grantee's rights under
federal, state or local law to appeal such determination:
1. Order Grantee to correct or remedy the violation within a reasonable time frame as
Grantor or designee shall determine;
2. Revoke this franchise, subject to subsection F. of th is section; and/or
3. Pursue any other legal or equitable remedy available under this franchise or any
applicable law.
F. This franchise shall not be revoked except by City Council after notice and hearing as set forth
in this section and in accordance with the Cable Act and other applicable law.
G. The determination as to whether a violation of this franchise has occurred shall be within the
sole discretion of the Grantor or its designee, provided that any such final determination shall
be subject to review by a court of competent jurisdiction under applicable law
11.2 Revocation: In addition to all other rights and powers retained by the Grantor under this franchise
or otherwise, the Grantor reserves the right to forfeit and terminate this franchise and all rights and
privileges of the Grantee hereunder in the event of a material violation of its terms and conditions.
A material violation by the Grantee shall include, but shall not be limited to, the following:
1. Violation of any material provision of this franchise or any other franchise between Grantor and
Grantee, or any material rule, order, regulation or determination of the Grantor or authorized
agent made pursuant to this franchise or other agreement;
Ordinance No.
Page 14 September 25,2012
2. Attemptto evade any material provision of this franchise or to practice any fraud or deceit upon
the Grantor or its subscribers or customers;
3. Material misrepresentation of fact in the application for or negotiation of this franchise; or
4. If Grantee becomes insolvent, or the subject of a bankruptcy proceeding.
11 .3 Removal:
A. In the event of termination, expiration or revocation of this franchise, Grantor may order the
removal of the above-ground cable system facilities and such underground facilities as
required by Grantor in order to achieve reasonable engineering or street-use purposes, from
the franchise area at Grantee's sole expense. Grantee shall have one (1) nine (9) month
period within which to sell, transfer or convey its Cable System to a qualified purchaser, or to
remove its plant, structures and equipment from the Grantor's streets and other public places
as directed by the Grantor. During th is period which shall run from the effective date of the
final, non-appealable order or decision of the City Councilor a court of competent jurisdiction
imposing termination, the Grantee shall have the ability to operate the Cable System pursuant
to the provisions of this franchise. In removing its plant, structures and equipment, Grantee
shall refill, at its own expense, any excavation that is made by it and shall leave all streets,
public places and private property in as good a condition as that prevailing prior to Grantee's
removal of its equipment.
B. If Grantee fails to complete any required removal pursuant to Subsection A. to the satisfaction
of Grantor, Grantor may cause the work to be done and Grantee shall reimburse Grantor for
the reasonable costs incurred within thirty (30) days after receipt of an itemized list of the costs
or Grantor may recover the costs through the security provided by Grantee.
11.4 Receivership and Foreclosure
A. At the option of Grantor, subject to applicable law, this franchise may be revoked one-hundred
twenty (120) days after the appointment of a receiver or trustee to take over and conduct the
business of Grantee whether in a receivership, reorganization, bankruptcy or other action or
proceeding unless:
1. The receivership or trusteeship is vacated within one-hundred twenty (120) days of
appointment; or
2. The receiver(s) or trustee(s) have, within one hundred twenty (120) days after their
election or appointment, fully complied with all the terms and provisions of this franchise,
and have remedied all violations under the Franchise. Additionally, the receiver(s) or
trustee(s) shall have executed an agreement duly approved by the court having
jurisdiction, by which the receiver(s) or trustee(s) assume and agree to be bound by each
and every term and provision of this franchise.
B. If there is a foreclosure or other involuntary sale of the whole or any part of the plant, property
and equipment of Grantee, Grantor may serve notice of revocation on Grantee and to the
purchaser at the sale, and the rights and privileges of Grantee under this franchise shall be
revoked thirty (30) days after service of such notice, unless:
1. Grantor has approved the transfer of the franchise, in accordance with the procedures set
forth in this franchise and as provided by law; and
2. The purchaser has agreed with Grantor to assume and be bound by all of the terms and
conditions of this franchise.
11 .5 No Recourse Against Grantor: Except where otherwise provided herein, Grantee shall not have any
monetary recourse against Grantor or its officials, boards, commissions, agents or employees for
any loss, costs, expenses or damages arising out of any provision or requirement of this franchise
or the enforcement thereof, in accordance with the provisions of applicable federal, state and local
Ordinance No.
Page 15 September 25 ,2012
law. The rights of the Grantor under this franchise are in addition to, and shall not be read to limit,
any immunities the Grantor may enjoy under federal or state law.
11 .6 Nonenforcement by Grantor: Grantee is not relieved of its obligation to comply with any of the
provisions of this franchise by reason of any failure of Grantor to enforce prompt compliance.
Grantor's forbearance or failure to enforce any provision of this franchise shall not serve as a basis
to stop any subsequent enforcement. The failure of the Grantor on one or more occasions to
exercise a right or to require compliance or performance under this franchise or any applicable law
shall not be deemed to constitute a waiver of such right or a waiver of compliance or performance,
unless such right has been specifically waived in writing. Any waiver of a violation is not a waiver
of any other violation; whether similar or different from that waived.
11.7 Relationship of Remedies: The remedies provided for in this franchise are cumulative and not
exclusive; the exercise of one remedy shall not prevent the exercise of another, or any rights of the
Grantor at law or equity.
SECTION 12. FRANCHISE RENEWAL AND TRANSFER
12.1 Renewal:
A. The Grantor and Grantee agree that any proceedings undertaken by the Grantor that relate
to the renewal of Grantee's agreement shall be governed by and comply with the provisions
of Section 626 of the Cable Act, unless the procedures and substantive protections set forth
therein shall be deemed to be preempted and superseded by the provisions of any subsequent
provision of federal or state law.
B. In addition to the procedures set forth in said Section 626(a), the Grantor agrees to notify
Grantee of the completion of its assessments regarding the identification offuture cable-related
community needs and interests, as well as the past performance of Grantee under the then
current franchise term . Notwithstanding anything to the contrary set forth herein, Grantee and
Grantor agree that at any time during the term of the then current franchise, while affording the
public adequate notice and opportunity for comment, the Grantor and Grantee may agree to
undertake and finalize negotiations regarding renewal of the then current Agreement and the
Grantor may grant a renewal thereof. Grantee and Grantor consider the terms set forth in this
section to be consistent with the express provisions of Section 626 of the Cable Act.
12.2 Transfer of Ownership or Control:
A. The Cable System and this Agreement shall not be sold, assigned, transferred, leased , or
disposed of, either in whole or in part, either by involuntary sale or by voluntary sale, merger,
consolidation, nor shall title thereto, either legal or equitable, or any right, interest, or property
therein pass to or vest in any person or entity, without the prior written consent of the Grantor,
which consent shall not be unreasonably withheld.
B. The Grantee shall promptly notify the Grantor of any actual or proposed change in, or transfer
of, or acquisition by any other party of control of the Grantee. The word "control" as used
herein is not limited to majority stockholders but includes actual working control in whatever
manner exercised. A rebuttable presumption that a transfer of control has occurred shall arise
on the acquisition or accumulation by any person or group of persons of ten percent (10%) of
the shares or the general partnership interest in the Grantee, except that this sentence shall
not apply in the case of a transfer to any person or group already owning at least a ten percent
(10%) interest of the shares or the general partnership interest in the Grantee. Every change,
transferor acquisition of control of the Grantee shall make this franchise subject to cancellation
unless and until the Grantor shall have consented thereto.
C. The parties to the sale or transfer shall make a written request to the Grantor for its approval
of a sale or transfer and furnish all information required by law and the Grantor.
D. The Grantor shall render a final written decision on the request within one-hundred twenty
(120) days of the request, provided it has received all requested information. Subject to the
Ordinance No.
Page 16 September 25, 2012
foregoing, if the Grantor fails to render a final decision on the request within one-hundred
twenty (120) days, such request shall be deemed granted unless the requesting party and the
Grantor agree to an extension of time.
E. Within thirty (30) days of any transfer or sale, if approved or deemed granted by the Grantor,
Grantee shall file with the Grantor a copy of the deed , agreement, lease or other written
instrument evidencing such sale or transfer of ownership or control , certified and sworn to as
correct by Grantee and the transferee.
F. In reviewing a request for sale or transfer, the Grantor may inquire into the legal, technical and
financial qualifications of the prospective controlling party or transferee, and Grantee shall
assist the Grantor in so inquiring. The Grantor may condition said sale or transfer upon such
terms and conditions as it deems reasonably appropriate, provided , however, any such terms
and conditions so attached shall be related to the legal, technical, and financial qualifications
of the prospective controlling party or transferee and to the resolution of outstanding and
unresolved issues of noncompliance with the terms and conditions of this Agreement by
Grantee.
G. The consent or approval of the Grantor to any transfer by the Grantee shall not constitute a
waiver or release of any rights of the Grantor, and any transfer shall, by its terms, be expressly
subordinate to the terms and conditions of this franchise.
H. Notwithstanding anything to the contrary in this section, the prior approval of the Grantor shall
not be required for any sale, assignment or transfer of the Agreement or Cable System for
cable television system usage to an entity controlling, controlled by or under the same common
control as Grantee provided that the proposed assignee or transferee must show financial
responsibility as may be determined necessary by the Grantor and must agree in writing to
comply with all provisions of the Agreement.
SECTION 13. SEVERABILITY: If any section, subsection, paragraph, term or provision of this Agreement
is determined to be illegal, invalid or unconstitutional by any court of competent jurisdiction or by any state or
federal regulatory authority having jurisdiction thereof, such determination shall have no effect on the validity
of any other section, subsection , paragraph, term or provision of this Agreement, all of which will remain in
full force and effect for the term of the Agreement.
SECTION 14. MISCELLANEOUS PROVISIONS
14.1 Preferential or Dlscnmlnatorv Practices Prohibited: Grantee shall not discriminate in hiring,
employment or promotion on the basis of race, color, creed, ethnic or national origin, relig ion , age,
sex, sexual orientation, marital status, or physical or mental disability. Throughout the term of this
Agreement, Grantee shall fully comply with all equal employment or nondiscrimination provisions
and requirements of federal, state and local law and , in particular, FCC rules and regulations
relating thereto.
14.2 Notices: Throughout the term of the Agreement, Grantee shall maintain and file with Grantor a
designated legal or local address for the service of notices by mail. A copy of all notices from
Grantor to Grantee shall be sent, postage prepaid, to such address and such notices shall be
effective upon the date of mailing. At the effective date of this Agreement, such addresses shall be:
a iFiber Communications Corporation
135 Basin Street SW
Ephrata, WA 98823
Attn: Kelly Ryan
All notices to be sent by Grantee to Grantor under this Agreement shall be sent, postage prepaid,
and such notices shall be effective upon the date of mailing. At the effective date ofthis Agreement,
such address shall be:
City of Moses Lake
PO Drawer 1570
Moses Lake, WA 98837
Ordinance No .
Page 17 September 25,2012
14.3 Binding Effect: This Agreement shall be binding upon the parties hereto, their permitted successors
and assigns.
14.4 Authority to Amend: This Agreement may be amended at any time by written agreement between
the parties.
14.5 Governing Law: This Agreement shall be governed in all respects by the laws of the State of
Washington.
14.6 Guarantee: The performance of the Grantee shall be guaranteed in all respects by iFiber
Communication Corporation. Ifidee IRtemet BFeadea3til'~ CeF~eFatieR. The subjoined guarantee
shall be executed prior to the effective date hereof.
14.7 Captions: The captions and headings of this Agreement are for convenience and reference
purposes only and shall not affect in any way the meaning or interpretation of any provisions of this
Agreement.
14.8 Construction of Agreement: The provisions of this Agreement shall be liberally construed to
promote the public interest.
14.9 Entire Agreement: This franchise contains all of the Agreements of the parties with respect to any
matter covered or mentioned in this franchise and no prior or contemporaneous agreements or
understandings pertaining to any such matters shall be effective for any purpose. No provision of
this franchise may be amended or added to except by agreement in writing signed by both of the
parties.
14.10 Attorney's Fees: If any suit or other action is instituted in connection with any controversy arising
under this franchise, neither party shall be entitled to recover its costs and expenses including
attorney's fees.
14.11 Time Is of the Essence: Time is of the essence of this franchise and each and all of its provisions
in which performance is a factor.
Adopted by the City Council and signed by its Mayor on September 25 ,2012
Bill J. Ecret, Mayor
ATTEST:
APPROVED AS TO FORM:
W. Robert Taylor, Acting Finance Director
Katherine L. Kenison , City Attorney
ACCEPTED BY iFIBER COMMUNICATIONS CORPORATION
DATE: _______ , 2012
By:_~~~~~ _______ ___
W. Kelly Ryan
Chief Executive Officer
September 18, 2012
Honorable Mayor and
Moses Lake City Council
Dear Council Members
CI T ,. 0 '
MOSES LAKE
Attached is an ordinance for the annexation of approximately 2.29 acres located adjacent
to Hamilton Road and described as Lot 11 less the west 60', Wiser Commercial Park Plat.,
This is the first reading of the ordinance. If the Council adopts the first reading of the
ordinance, a public hearing should be scheduled for the second reading of the ordinance.
JKG:jt
City Manager 764-3701 • City Attorney 764-3703 . Community Development 764~3750 . Finance 764 -3717 . Fire 765·2204
Municipal Services 764-3783 . Municipal Court 764-3701 • Parks & Recreation 764-3805 . Police 764-3887 . Fax 764-3739
401 S Balsam SI. • P.O. Box 1579 . Moses Lake, WA 98837-0224 . www.cityofml.com
ORDINANCE NO.
AN ORDINANCE ANNEXING PROPERTY COMMONLY KNOWN AS THE WISER
COMMERCIAL PARK ANNEXATION TO THE CITY OF MOSES LAKE,
WASHINGTON, AND INCORPORATING THE SAME WITHIN THE CORPORATE
LIMITS OF THE CITY OF MOSES LAKE
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON DO ORDAIN AS FOLLOWS:
Section 1. The following described real estate, as shown on the attached map marked Exhibit A which by this
reference is incorporated within this ordinance, situated in Grant County is hereby annexed to and
incorporated in the City of Moses Lake:
Lot 11 less west 60', Wiser Commercial Park Plat as per plat recorded in Volume 11 of Plats,
page 14, records of Grant County, Washington
Parcel # 121138011 (less 60')
Total acreage 2.29 acres
Section 2. All property within the territory annexed shall hereinafter be assessed and taxed at the same rate
and on the same basis as other property within the city.
Section 3. The area annexed will be zoned L-I , Light Industrial.
Section 4. That a copy of this ordinance shall be filed with the Board of County Commissioners of Grant
County, Washington.
Section 5. This ordinance shall take effect and be in force five (5) days after its passage and publication of
its summary as provided by law.
Adopted by the City Council and signed by its Mayor on October 9, 2012.
ATTEST: Bill J. Ecret, Mayor
W. Robert Taylor, Finance Director
APPROVED AS TO FORM:
Katherine L. Kenison, City Attorney
/ / / / /
/
/
/ / Lot 11 / / Wiser Commercial Park Plat / / Less the West 60 Feet / /
/ / / / / / / / /
/ / / / /
/ / / / / / / / / / / / / / / / / / /
/ / /
/ / / / / / / / / / / /
/ / / / / / / /. / / / / / / / / / / / / /
/ / / / / / / /
/ / / / / / / / / / / /
/ / / / / / /
/ /
/ / / /
/ / / / / / /
/ / / / / / / / / / / / / / / / /1 / / / /
/ / / / /
/ /
/ / /
/ / /
/ / / / / / / / / /
/ / / / / / / / / / / /
/ / / /
/ /
/ /
/ /
/ /
12113801,1
/ / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / / /
/ / / / / / / / / / / / / / / / 0 150 300 600 / / / / / r , ': / / / Feet ":4 / / / / /
Miles
(...--
I / -y /
/
./
CITY LIMITS
UGA BOUNDARY
STREET NAMES
LOTS
LAKE
GANT Annexation
1 j ,
a
CITY OF MOSES LAKE i
COMMUNITY DEVELOPMENT f
PLANNING DIVISION f f.::::=~~~'=":":"'--t ! ~~~~~~~~~~i
September 20,2012
TO: City Manager for Council Consideration
FROM : Gary G. Harer, Municipal Services Director
SUBJECT: Ordinance -Amend 13.05 -Wastewater Regulations -1 st Reading
Attached is an ordinance that amends Moses Lake Municipal Code Chapter 13.05,
Wastewater Regulations by requiring a legal method for City staff to access the meters and
electronic reading devices for privately owned metered sewer mains and service lines.
This is the first reading of the ordinance. The ordinance is presented for Council
consideration.
Respectfully submitted G;;H::1 A~~
Municipal Services Director
GGH :jt
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 13.05 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "WASTEWATER REGULATIONS"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Chapter 13.05 of the Moses Lake Municipal Code entitled "Wastewater Regulations" is amended
as follows:
13.05.060 Private Wastewater Systems:
A Septic tanks and alternative onsite disposal systems are prohibited for new subdivisions,
except in heavy industrial zones where sewer treatment systems and onsite disposal systems
may be allowed by City Council.
B. Wastewater systems including mains, manholes, lift stations and their appurtenances located
in private streets, binding site plans and on private property shall be privately owned.
C. The construction plans for the installation of privately owned wastewater systems that
discharge to the POTW shall be in compliance with the requirements of the Street and Utility
Construction Standards, and shall be approved by the Municipal Services Director prior to
construction. Furthermore, the Mun icipal Services Director will observe the installation of the
wastewater system. The engineer of record shall inspect and direct the contractor to assure
that the installation complies with the approved plans and specifications.
D. Before privately owned metered sewer mains and service lines connect to the POTW, a
perpetual access easement. access easement dedication on a plat. or other legal device
approved by the City Attorney is reguired to be accepted by City Council to allow City staff to
access the meters and electronic reading devices,
Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication of
its summary as provided by law.
Adopted by the City Council and signed by its Mayor on October 9,2012.
Bill J. Ecret, Mayor
ATTEST:
W. Robert Taylor, Finance Director
APPROVED AS TO FORM:
Katherine L Kenison, City Attorney
September 20,2012
TO: City Manager
For City Council Consideration
FROM: Municipal Services Director
SUBJECT: Ordinance -Amend 13.07 -Water Regulations -1" Reading
Attached is an ordinance that amends Moses Lake Municipal Code Chapter 13.07, Water
Regulations by requiring a legal method for City staff to access the meters and electronic reading
devices for privately owned water mains and service lines.
This is the first reading of the ordinance. The ordinance is presented for Council consideration
Respectfully Submitted, ~
~~~
Municipal Services Director
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 13.07 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "WATER REGULATIONS"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Chapter 13.07 of the Moses Lake Municipal Code entitled "Water Regulations" is amended as
follows:
13.07.050 Ownership:
A. City Ownership of Water Mains: The City shall have ownership of all water mains that are
located within right-of-way or a municipal easement, provided that the water mains have been
accepted by the City Council. City ownership for water mains that extend onto private property
without a municipal easementterminates at the downstream side of the isolation valve located
in right-of-way, or at the right-of-way line when there is no isolation valve.
B. City Ownership of Service Lines: City ownership extends from the water main to the
downstream side of the meter tile when the meter tile is located within right-of-way or a
municipal easement. City ownership extends from the water main to the isolation valve in the
right-of-way when the meter is located on private property; or to the right-of-way line when
there is no isolation valve in the right-of-way.
C. City ownership of meters: The City shall own all meters regardless of whether they are located
within right-of-way or on private property.
D. Private Ownership of Water Mains, Service Lines, and Appurtenances: All water mains,
service lines, and appurtenances that are not described in A and B of this section are privately
owned. All maintenance, repairs, and operations on private water mains and service lines are
the owner's responsibility.
13.07.051 Access Onto Private Property: Before privately owned water mains and service lines connect to
the City's water system, a perpetual access easement, dedication on a plat, or other legal device
approved by the City Attorney is required to be accepted by the City Council to allow City staff to
access City owned meters and electronic devices.
Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication of
its summary as provided by law.
Adopted by the City Council and signed by its Mayor on October 9,2012.
ATTEST: Bill J. Ecret, Mayor
W. Robert Taylor, Finance Director
APPROVED AS TO FORM:
Katherine L. Kenison, City Attorney
September 19 ,2012
Honorable Mayor and
Moses Lake City Council
DearCoun~IMembeffi
CITT Of
MOSES LAKE
Attached is a proposed ordinance amending Chapter 13.12 of the Moses Lake Muni~pal
Code entitled "Water, Sewer, and Stormwater Rates".
The proposed amended ordinance clarifies the water charges imposed for water used by
fire protection systems. The charges suggested by the amended ordinance are simple.
There are no minimum monthly charges for a metered fire protection system . The only
charges imposed are for actual water usage.
The ordinance is presented for Council consideration . Th is is the first reading of the
ordinance.
Respectfully
JKG:jt
City Manager 764-3701 • City Attorney 764·3703 . Community Development 764-3750 . Finance 764-3717 . Fire 765-2204
Municipal Services 764-3783 • Municipal Court 764-370 I • Parks & Recreation 764-3805 • Police 764·3887 • Fax 764-3739
401 S Balsam St. • P.O. Box 1579 • Moses Lake, WA 98837-0224 • www.cityofml.com
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 13.12 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "WATER, SEWER, AND STORMWATER RATES"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE , WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Chapter 13.12 of the Moses Lake Municipal Code entitled "Water, Sewer, and Stormwater Rates"
is amended as follows:
13.12.100 Fire Protection Charges:
A. Metering shall not be required for fire protection lines running directly to buildings when used
solely for furnishing water to sprinkler, deluge, or other fire protection systems. Water flow
alarms shall be provided in all fire protection sprinkler installations. Such alarms shall be either
water motor or electric gongs, except where alternate devices are specifically approved by the
city.
B. Water supplied to above ground or underground tanks for deluge systems from which water
is pumped for fire protection service shall be metered and payment shall be made for water
actually consumed at the established rate on commercial accounts. in aeeerdanee .. ith the
established rate fer eemn ,ereial aeeeunts. There shall be no minimum monthly amount
charged .
Section 2. This ordinance shall take effect and be in force five (5) days after its passage and publication of
its summary as provided by law.
Adopted by the City Council and signed by its Mayor on October 9,2012.
Bill J . Ecret, Mayor
ATTEST:
W . Robert Taylor, Finance Director
APPROVED AS TO FORM
Katherine L. Kenison, City Attorney
September 19, 2012
TO: City Manager for Council Consideration
FROM: Community Development Director
SUBJECT: Resolution -Build on Unplatted Property -American Legion
The Community Development Department has received a request to build on unplatted
property on behalf of the American Legion located at 538 W . Broadway.
The request is to allow the repair and remodel of the existing building which includes new
paint, awning , signage , lighting, repairs to the roof and parking lot, improving handicapped
accessibility, and a minor remodel of the addition attached to the rear of the building. The
request is to waive the requirement for platting since the cost will exceed the amount of the
repairs.
Attached for Council consideration is a resolution granting perm ission for the American
Legion Joe R. Hooper Post 209 to build on unplatted property. It should be noted that the
resolution includes language that requires the property to be platted within one year.
Respectfully submitted
~
Gilbert Alvarado
Community Development Director
GAjt
RESOLUTION NO.
A RESOLUTION ALLOWING THE AMERICAN LEGION JOE R. HOOPER POST
209 TO BUILD ON UNPLATTED PROPERTY
RECITALS :
1. Moses Lake Municipal Code 16.12.030 allows for the issuance of a building permit to a
proponent who wishes to build on unplatted property after a resolution from the City
Council.
2. The American Legion Joe R. Hooper Post 209 has requested the City Council to allow it to
build on unplatted property described as follows:
Tax #704 less easterly 20' (Parcel #110104000)
RESOLVED:
1. That the American Legion Joe R. Hooper Post 209 be allowed to make repairs and
construct a minor remodel to the existing building on unplatted property with the
stipulation that the property be platted within one year.
Adopted by the City Council on September 25, 2012.
ATTEST: Bill J. Ecret, Mayor
W. Robert Taylor, Finance Director
AMERICAN LEGION
BUILD ON UNPLATTED PROPERTY
/.
0 100
RD
0.'
Miles
200 400
Feet
:J CITY LIMITS
UGA BOUNDARY
ALDER STREET NAMES
LOTS
LAKE
538 WEST BROADWAY
MOSES LAKE
CITY OF MOSES LAKE
COMMUNITY DEVELOPMENT
PLANNING DIVISION
LARSON FOWLES, PLLC
Attorneys
LARRY W. LARSON
DWAYNE C. FOWLES
MITCHELL J. HEAPS
KENE C. LARSON
September 18, 2012
Moses Lake City Council
401 S. Balsam St.
P.O. Box 1579
Moses Lake, W A 98837
Re: American Legion Building
538 W. Broadway Ave.
Request for Deferment
Dear City Council Members:
821 E. Broadway Ave., Ste. 8
Moses Lake, W A 98837
(509) 765-6700
(509) 765-6710 Fax
milch@larsonfowles.com
This firm represents Ms. Tarnmi Huber and her organization, Ruby Jane
Charities, in connection with her charitable efforts to improve the
American Legion Building located at 538 W. Broadway Ave., in Moses
Lake, as a service to local veterans and our community.
Ms. Huber is coordinating the effort of several religiOUS, service, and
business organizations to repair and remodel the American Legion
property, including new paint, awning, signage, lighting, repairs to the
roof and parking lot, improving handicap accessibility, and a minor
remodel of the addition attached to the back of the building.
The project is entirely non-profit. Virtually all of the materials and labor
have been donated. The vision Ms. Huber has for the American Legion
building will not only drastically improve the property's curb appeal, but
also allow these veterans to continue to help and serve in our area.
In the permitting process, we discovered that this property remains
unplatted. We are informed that all properties must be platted within a
year of the issuance of a permit pursuant to city ordinance. However, the
estimated cost to survey and plat the property is well beyond budget, and
subjecting American Legion to this expense in the future would
undermine the intent of the service project.
Please accept this letter as a formal request for a permanent deferment of
the general requirement that the property be platted within a year of the
request for the permits. We hope the Council will agree that the
Moses Lake City Council
September 18, 2012
Page 2
opportunity Ms. Huber has created for our community to assist our local
veterans will outweigh the necessity that the property be platted in the
rocess. Thank you for consideration.
Very truly yours,
MJH/smr
Enclosure
cc: Ms. Tammi Huber, Ruby Jane Charities