06282011MOSES LAKE CITY COUNCIL
Bill Ecret
Richard Pearce
Brent Reese
Jon Lane
Mayor -~-~
MOSES LAKE
Joseph K. Gavinski
City Manager
David Curnel
Karen Liebrecht
Dick Deane
June 28, 2011 AGENDA
Sophia Guerrero, Executive Secretary
Council Chambers
7:00 p.m.
Study Session -6:00 p.m.
Farm Animals
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. PRESENTATIONS AND AWARDS -None
5. CONSENT AGENDA
A. Approval of Minutes -June 14, 2011
B. Approval of Bills and Checks Issued
C. Accept Work Crack Seal Project -2011
D. Industrial Waste Discharge Permit No.12 Renewal-Vern's Meats
6. COMMISSION APPOINTMENTS -None
7. CONSIDERATION OF BIDS AND QUOTES
A. Seal Coat Project -2011
8. PETITIONS, COMMUNICATIONS, OR PUBLIC HEARINGS
A. Communication -Permission for Street Closure -Tsunami Sushi
B. Communication -Amendment to the Noise Ordinance -The Sand Bar
9. ORDINANCES AND RESOLUTIONS
A. Ordinance -Amend MLMC Chapter 3.62 -Utility System Development Charges - 2
nd Reading
B. Ordinance -Amend MLMC Chapter 17.15 -Requirements for Plats & Site Plans - 2
nd Rding
C. Ordinance -Amend MLMC Chapter 17.18 -Binding Site Plan - 2
nd Reading
D. Ordinance -Granting a Franchise to Northland Cable Television, Inc. - 2
nd Reading
10. REQUEST TO CALL FOR BIDS -None
11. REFERRALS FROM COMMISSIONS -None
12. OTHER ITEMS FOR COUNCIL CONSIDERATION
A. Sharrows -Share Lane for Motorists and Bicyclists -Trails and Planning Team
B. Request City Participation -Lark Avenue -HAPO Credit Union
Finance Municipal Services Police Chief Parks & Recreation Fire Chief Community Development City Attorney
Ronald Cone Gary Harer Dean Mitchell Spencer Grigg Tom Taylor Gilbert Alvarado Katherine L.
Kenison
Page 2 -Moses Lake City Council Meeting -June 28, 2011
13. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS
14. COUNCIL QUESTIONS AND COMMENTS
15. CITY MANAGER REPORTS AND COMMENTS
A. 2011 WA State Auditor's Report
Executive Session -Labor Relations
Finance Municipal Services Police Chief Parks & Recreation Fire Chief Community Development City Attorney
Ronald Cone Gary Harer Dean Mitchell Spencer Grigg Tom Taylor Gilbert Alvarado Katherine L.
Kenison
MOSES LAKE CITY COUNCIL
June 14, 2011
DRAFT
Council Present: Jon Lane, Bill Ecret, Dick Deane, Karen Liebrecht, David Curnel, Richard Pearce,
and Brent Reese
The meeting was called to order at 7 p.m. by Mayor Lane.
PLEDGE OF ALLEGIANCE: Mr. Reese led the Council in the pledge of allegiance.
PRESENTATIONS AND AWARDS
PROCLAMATION
The proclamation declaring June 28 -July 1, 2011 as Community Wide Blood Donor Week was
read in its entirety.
CONSENT AGENDA
Minutes: The minutes of the May 24, 2011 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 city hall. As of June
14, 2011 the Council does approve for payment claims in the amount of $1,956,214.66; prepaid
claims in the amount of $28,832.28; claim checks in the amount of $1 ,037,470.26; and payroll in
the amounts of $334,607.08, $4,699.82, and $353,992.13.
Resolution -Abandon Easement -Alaniz: A resolution was presented which abandons the
southerly 6' of a 20' easement located adjacent to the north property line of Lot 27, Broadripple #1,
1102 S. Ashley Way.
Action Taken: Mr. Pearce moved that the Consent Agenda be approved, seconded by Dr. Curnel,
and passed unanimously.
COMMISSION APPOINTMENTS -None
CONSIDERATION OF BIDS AND QUOTES
RESERVOIR 9 PROJECT
The City received three bids for the 2011 Reservoir 9 Project. This project consists of removing
Tank #2 and constructing a 2.8 million gallon standpipe reservoir at 7725 Newell Street. Additive
A was included in the bid to remove Tank #3 at 7915 Chanute Street and Tank #5 at 9002 Tyndall
Road. Additive B was included to remove the foundations of these two tanks. Deduct A was to use
the standard paint instead of a newer paint that will retain its color for many more years.
Gary Harer, Municipal Services Director, stated that the two tanks have not been used in several
years and by removing the tanks and foundations the city can re-use that property. The new
reservoir will increase the water pressure in the Larson area.
Action Taken: Mr. Deane moved that the bid be awarded to T Bailey, Inc. in the amount of
$2,007,586, seconded by Mrs. Liebrecht, and passed unanimously.
CITY COUNCIL MINUTES: 2 June 14, 2011
SEWER LINING PROJECT
The city received six bids for the 2011 Sewer Lining Project. This project consists of lining
approximately 36,700' of 8" and 10" concrete sewer mains in the Larson and downtown areas. The
project bid documents include some additional lines that may be added if the City's budgeted
amount is not entirely spent on the original quantities.
Action Taken: Mrs. Liebrecht moved that the bid be awarded to Planned Engineering Construction
in the amount of $779,817, seconded by Dr. Curnel, and passed unanimously.
PETITIONS, COMMUNICATIONS, OR PUBLIC HEARINGS
HEDGE HEIGHT LIMITS -LANUM
Bruce Baily, representing Jack and Laura Lanum, 1004 Skyline, requested permission to allow the
hedge on their property line to exceed the 4' height limit in order to hide the unsightly vehicles on
the neighboring property.
Gilbert Alvarado, Community Development Director, stated that the adjoining neighbor has
complained about the height of the hedge and the enforcement process has been suspended
because the Lanums wished to discuss the matter with the Council. He presented pictures of the
area in question as well as other properties where the hedges have grown over the 4' limit.
There was some discussion by the Council and it was suggested that the ordinance be amended
to allow a hedge to exceed the 4' limit in the front yard.
Nick Mount, 1 01 0 Skyline Drive, pointed out that 1004 Skyline is a corner lot at a four lane
intersection and vehicles come around the corner at a speed that makes it difficult for him to exit
his driveway safely. Allowing the hedge to exceed the 4' height limitation will increase that problem.
There was additional discussion and staff was directed to provide additional information on hedges.
REQUEST TO USE CITY PROPERTY -TSUNAMI SUSHI
Dwane Lind, Tsunami Sushi, requested permission to close Third Avenue between Division and
Ash on July 22, 2011 from 7 p.m. to 12 midnight. The intent is to provide entertainment for the
patrons of Tsunami Sushi.
There was some discussion and the Council felt the request should address the adjacent neighbors
concerns, where alcohol would be served and consumed, whether or not a flat bed truck would be
used for the concert, the need for power, the need for portable toilets, who does the clean up after
the concert, etc.
Staff was directed to work with Mr. Lind on the request to close Third Avenue from Ash to Division
and report back to the Council..
ORDINANCES AND RESOLUTIONS
ORDINANCE -AMEND 18.58 -SIGNS -2ND READING
An ordinance was presented which amends the sign regulations. The amendments include the
prohibition of the use of temporary sign material for a permanent sign and that such signs must be
removed within 90 days; regulates the size and height of political signs providing that a political sign
can be no larger than 32 square feet per sign and have a maximum sign height of 8'; and provides
CITY COUNCIL MINUTES: 3 June 14, 2011
that the Community Development Department will permit sandwich board signs according to
standards established by the City Council.
The ordinance amending Chapter 18.58 of the Moses Lake Municipal Code entitled "Signs" was
read by title only.
Mick Hansen, 1828 Fairway, felt that campaign signs should be limited in size, number and erected
no more than one month prior to the election but he was opposed to regulating use of private
property.
John Abens, 2412 Lakeside, requested that the requirement to remove the temporary signs be
changed to three years because of the cost of the signs and suggested that temporary signs be
eliminated.
Gilbert Alvarado, Community Development Director, explained the reasons for eliminating the vinyl
signs being used as permanent signage.
There was some discussion by the Council.
Action Taken: Mr. Reese moved that the second reading of the ordinance be adopted, seconded
by Mr. Pearce, and passed with Mrs. Liebrecht and Dr. Curnel opposed.
ORDINANCE -AMEND 3.62 -UTILITY SYSTEM DEVELOPMENT CHARGES _1 ST READING
An ordinance was presented which increases the utility system development charges by the
December to December CPI.
The ordinance amending Chapter 3.62 of the Moses Lake Municipal Code entitled "Utility System
Development Charges" was read by title only.
Action Taken: Mr. Pearce moved that the first reading of the ordinance be adopted, seconded by
Mr. Ecret, and passed with Dr. Curnel opposed.
ORDINANCES -AMEND 17.15 -REQUIREMENTS FOR PLATS AND SITE PLANS AND 17.18-
BINDING SITE PLAN -1ST READINGS
Ordinances were presented which amend the Requirements for Plats and Site Plans and Binding
Site Plans by including a signature line for the Auditor, changing "survey" to "binding site plans" and
adding the Treasurer's Certificate.
The ordinance amending Chapter 17.15 of the Moses Lake Municipal Code entitled "Requirements
for Plats and Site Plans" was read by title only.
Action Taken: Mr. Ecret moved that the first reading ofthe ordinance be adopted, seconded by Mr.
Reese, and passed unanimously.
The ordinance amending Chapter 17.18 of the Moses Lake Municipal Code entitled "Binding Site
Plan" 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.
CITY COUNCIL MINUTES: 4 June 14, 2011
ORDINANCE -NORTH LAND CABLE FRANCHISE -1ST READING
An ordinance was presented which grants a franchise to Northland Cable Television, Inc. to
operate and maintain a cable system. The proposed ordinance imposes the 3% utility occupational
tax.
The ordinance granting a franchise to Northland Cable Television, Inc., 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.
Joseph K. Gavinski, City Manager, explained the process the city went through concerning the
franchise fee and the utility fee.
There was some discussion on the franchise and utility fees.
Action Taken: Mr. Pearce moved that the first reading of the ordinance be adopted, seconded by
Mr. Reese, and passed unanimously.
REQUEST TO CALL FOR BIDS -None
REFERRALS FROM COMMISSIONS -None
OTHER ITEMS FOR COUNCIL CONSIDERATION
OPERATIONS FACILITY C LANDSCAPE PLAN
Staff requested direction for the type of landscaping that is proposed to be installed along Road
4 at the Operations and Maintenance Facility to screen the facility from the neighbors. The
disadvantage of the screening is that it will impact the security since the police and others will not
be able to see into the facility.
Gary G. Harer, Municipal Services, Director, explained the different landscaping proposals.
Jenny Sloan, 11690 Road 4, stated that even though it is zoned public, the facility is industrial in
nature and should be required to be landscaped as such. She felt a significant buffer should be
installed which would help to mitigate the noise from the operation.
Gilbert Alvarado, Community Development Director, explained that the site is zoned public which
has different landscaping requirements from an industrial zone. He mentioned that the use of the
property would more closely resemble a commercial operation rather than an industrial operation.
Rolando Gonzalez, Parks and Recreation Supervisor, explained the proposed landscaping and the
reasons for the choice of plants as it relates to the maintenance issue.
There was considerable discussion about the noise and landscaping.
Action Taken: Mr. Ecret moved that the landscape plan as proposed by the Parks and Recreation
Superintendent be approved, seconded by Mr. Deane, and passed with Dr. Curnel opposed as the
landscaping will not address the noise issue.
STRATFORD ROAD IMPROVEMENTS -DEPARTMENT OF TRANSPORTATION
The Washington State Department of Transportation presented a preliminary design for
improvements to the Highway 17 and Stratford Road interchange. The improvements include
CITY COUNCIL MINUTES: 5 June 14, 2011
reducing the traffic lanes on Stratford Road to three to accommodate an 8' bicycle lane and a 6'
sidewalk on each side and constructing a roundabout at the Wal-Mart intersection and at the on-off
ramps on the north side of SR-17. The estimated cost is about $6.5 million and the Department
of Transportation needs an endorsement from the city to place this project on their six-year
transportation plan. Staff suggested a $100,000 contribution as the project will increase the safety
for the pedestrians and bicyclists crossing the bridge and the motorists at the Wal-Mart
intersection.
Gary Harer, Municipal Services Director, stated that the city has been requesting sidewalk on this
overpass for 20 years as there is only a 3' wide sidewalk on each side. He pOinted out that there
is a fair amount of accidents at the on and off ramps and the Wal-Mart intersection. The
Department of Transportation feels that the roundabouts will increase the level of service and
decrease the number of accidents in this area. He explained the advantages of a roundabout over
a signalized intersection.
Action Taken: Mr. Pearce moved that the project be endorsed and the City pledge $100,000
towards the project, seconded by Dr. Curnel, and passed unanimously.
CIVIC CENTER STREET IMPROVEMENTS
Staff is proposing to improve Balsam Street and the portion of Fourth Avenue that has been
vacated with a mini roundabout and the installation of pavers, trees, and landscaping. It has been
suggested that the clock that the Rotary International donated to the City and that is presently
located in the intersection of Ash Street and Third Avenue be relocated to the center of the mini
roundabout.
Gary G. Harer, Municipal Services Director, stated that the improvements to Balsam and Fourth
need to be done this fall. The relocation of the clock has been mentioned to the Rotary Club.
Wayne Rimple, representing the Rotary Club, stated that it was the intent of the Rotary Club that
the clock would be a location where the public could congregate, so it was originally placed at
Sinkiuse Square. When the Square was redesigned and the 4-way stops were implemented
downtown, the clock was moved to the middle of the street. Now the intent is to move the clock
to the proposed roundabout in front of the Civic Center Complex. He requested that the Rotary
Club meet with members of the Council to reinforce the intent of the Rotary Club with respect to
the clock.
There was some discussion and Mayor Lane, Mrs. Liebrecht, and Mr. Deane agreed to meet with
the Rotary Club.
John Abens, Rotary, felt that the roundabout in front of the Civic Center Complex would be a good
place for the clock.
Action Taken: Mr. Reese moved that the concept for the Civic Center street improvements be
endorsed, seconded by Mr. Pearce, and passed unanimously.
FIRE DEPARTMENT -MUTUAL AID
Authorization was requested forthe City Managerto sign a Memorandum of Understating between
the City and Grant County Fire District #5 for a joint technical rescue team, combined response,
and associated training. It is recognized that technical rescue response cannot be accomplished
by either agency due to limited resources. The combined efforts will greatly enhance public safety
in both jurisdictions.
CITY COUNCIL MINUTES: 6 June 14, 2011
Action Taken: Mr. Reese moved that the City Manager be authorized to sign the Memorandum of
Understanding, seconded by Dr. Curnel, and passed unanimously.
NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS -None
COUNCIL QUESTIONS AND COMMENTS -None
PROJECT PEGASUS
Mayor Lane provided information on Boeing's next generation of jet and the fact that Washington
State is bidding for the project. If Washington is chosen, there is a possibility that Moses Lake
would be in contention as a site for the project. He mentioned that the Port of Moses Lake will take
the lead in this project.
CITY MANAGER REPORTS AND COMMENTS
RECYCLING
Joseph K. Gavinski, City Manager, presented the Recycler ofthe Year Award that was given to the City.
He mentioned that the city has reduced its garbage to the landfill by 44% for the year of 2011 and by
35% since inception of the program.
SUMMER EVENTS
Joseph K. Gavinski, City Manager, stated that Burke Marketing will be revising the Pig out in the Park
to something a little different since it coincides with the food and wine festival. The other events are
doing fine and no changes are anticipated.
FARM ANIMALS
Joseph K. Gavinski, City Manager, stated that the study session can be advertised in whatever way the
Council chooses.
Gilbert Alvarado, Community Development Director, stated he contacted the Health Department and
they are neutral on the issue of rabbits and chickens in the city limits. The City of Spokane, the City of
Spokane Valley, and the City ofWenachee have all indicated they have had code enforcement issues
with the rabbits and chickens.
After some discussion it was the consensus of the Council that a study session be set for 6 p.m. on
June 24.
SEX OFFENDERS AT PUBLIC FACILITIES
Joseph K. Gavinski, City Manager, stated that the notice to sex offenders included not only the Surf'n
Slide Water Park but also Blue Heron Park and Larsen Recreation Center. He mentioned that the
notices have been served and the city is looking to draft a policy on how to deal with the issue.
ENTRANCE SIGNS
Joseph K. Gavinski, City Manager, stated thatthe Washignton State Department ofTransportation has
tentatively approved the entrance sign on Highway 17 near Kittelson Road with the provision that
additional information be provided. There is a problem with the signs at the off-ramp near the
Department of Labor and industries building because it requires some federal involvement. It seems
to be a cumbersome process to get federal permission to place the signs and it may be more involved
than it is worth.
CITY COUNCIL MINUTES: 7
BUILDING ACTIVITY REPORT
The May 2011 Building Activity Report was presented.
INVESTMENT REPORT
The city received $22,567.27 in investment income in May 2011.
SALES TAXITRANSIENT RENTAL INCOME
June 14, 2011
The city received $456,738.86 in sales tax and $31,217.30 in transient rental income in May 2011.
The regular meeting was adjourned at 10:10 p.m.
ATTEST Jon Lane, Mayor
Ronald R. Cone, Finance Director
DATE 6/22/11 PAGE 1
TIME 14: 43: 10 XAPPRVD
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
COUNCIL MEETING OF
VENDOR NO
Obj ect Description
06/28/2011
Expenditure Account
P.O. Number P.O. Amount Purpose of Purchase
==============================================================================~===================================
BURKE MARKETING & PROMOTION 00005798
TOURISM ACTIVITIES PROFESSIONAL SERVICES 0000058179 18,04l.61 CONCERT/TOURISM PROMOTION
TOURISM ACTIVITIES ADVERTISING 0000058179 912.73 CONCERT/TOURISM PROMOTION
GRANTS AND DONATIONS PROFESSIONAL SERVICES 000005B179 10,000.00 CONCERT/TOURISM PROMOTION
======================
TOTAL: 28,954.34
STERLING SAVINGS BANK 00007077
EXECUTIVE TRAVEL & SUBSISTENCE /NON-ED 0000058182 717.01 T & S/GAVINSKI/BISNETT
FINANCE TRAVEL & SUBSISTENCE /NON-ED 0000058183 32.14 MISC SUPPLIES/T & S
FINANCE REGISTRATION & MEMBERSHIPS 0000058183 50.00 MISC SUPPLIES/T & S
COMMUNITY DEVELOPMEN BOOKS /LESS $100.00 TOTAL VA 0000058162 122.47 BLDG-BOOKS
LEGAL/ JUDICIAL TRAVEL & SUBSISTENCE /NON-ED 0000058182 263.00 T & S/GAVINSKI/BISNETT
MISC. SERVICES OPERATING SUPPLIES 0000058150 1,394.54 WELLNESS SUPPLIES
PARK RECREATION OPERATING SUPPLIES 0000058151 100.97 SCHEDULE PROGRAM/2 WAY RADIOS
PARK RECREATION OPERATING SUPPLIES 0000058151 69.60 SCHEDULE PROGRAM/2 WAY RADIOS
PARK RECREATION OPERATING SUPPLIES 0000058151 119.79 SCHEDULE PROGRAM/2 WAY RADIOS
PARK RECREATION MUSEUM RESALE 0000058151 6,895.53 SCHEDULE PROGRAM/2 WAY RADIOS
PIl~K RECREATION PROFESSIONAL SERVICES 0000058151 169.24 SCHEDULE PROGRAM/2 WAY RADIOS
PARK RECREATION POSTAGE 0000058151 314.20 SCHEDULE PROGRAM/2 WAY RADIOS
PARK RECREATION PRINTING & BINDING 0000058151 310.64 SCHEDULE PROGRAM/2 WAY RADIOS
PARK RECREATION OPERATING SUPPLIES 0000058151 840.56 SCHEDULE PROGRAM/2 WAY RADIOS
PARK RECREATION PROFESSIONAL SERVICES 0000058151 240.00 SCHEDULE PROGRAM/2 WAY RADIOS
PARK RECREATION OPERATING SUPPLIES 0000058151 339.16 SCHEDULE PROGRAM/2 WAY RADIOS
PARK RECREATION OPERATING SUPPLIES 0000058151 339.43 SCHEDULE PROGRAM/2 WAY RADIOS
PARK RECREATION S&S CONCESSION RESALE 0000058151 95.73 SCHEDULE PROGRAM/2 WAY RADIOS
PARK RECREATION S&S CONCESSION RESALE 0000058151 1,280.75 SCHEDULE PROGRAM/2 WAY RADIOS
PARK RECREATION OPERATING SUPPLIES 0000058151 49.88 SCHEDULE PROGRAM/2 WAY RADIOS
DATE 6/22/11
TIME 14:43:10
NAME OF VENDOR
Department
CIT Y 0 F M 0 S E S L A K E
TABULATION OF CLAIMS TO BE APPROVED
C 0 U N C I L M E E TIN G 0 F
VENDOR NO
Object Description
OS/28/2011
Expenditure Account
P,O, Number P,O, Amount Purpose of Purchase
PAGE 2
XAPPRVD
==================================================================================================================
STERLING SAVINGS BANK 00007077
PARK RECREATION OPERATING SUPPLIES 0000058151 6,02 SCHEDULE PROGRAM/2 WAY RADIOS
PARK RECREATION TRAVEL & SUBSISTENCE /NON-ED 0000058151 10,00 SCHEDULE PROGRAM/2 WAY RADIOS
PARK RECREATION OPERATING SUPPLIES 0000058151 2,24 SCHEDULE PROGRAM/2 WAY RADIOS
PARK RECREATION LARSON RESALE 0000058151 190,25 SCHEDULE PROGRAM/2 WAY RADIOS
PARK RECREATION LAUZIER PLAYFIELD RESALE 0000058151 85,82 SCHEDULE PROGRAM/2 WAY RADIOS
PARK RECREATION OPERATING SUPPLIES 0000058151 19,09 SCHEDULE PROGRAM/2 WAY RADIOS
PARK RECREATION LARSON REC COMPLEX RESALE 0000058151 16,86 SCHEDULE PROGRAM/2 WAY RADIOS
POLICE POSTAGE 0000058248 241.64 MISCELLANEOUS
POLICE OPERATING SUPPLIES 0000058248 759,09 MISCELLANEOUS
POLICE MINOR EQUIPMENT < $5000 0000058248 2,785,49 MISCELLANEOUS
POLICE TRAVEL & SUBSISTENCE /NON-ED 0000058248 996,58 MISCELLANEOUS
FIRE TRAVEL & SUBSISTENCE /EDUCAT 0000058181 160,99 T & S/ SUPPLIES
FIRE OFFICE SUPPLIES 0000058181 96,44 T & S/ SUPPLIES
FIRE OPERATING SUPPLIES 0000058181 126,80 T & S/ SUPPLIES
GRANTS AND DONATIONS OPERATING SUPPLIES 0000058151 779,63 SCHEDULE PROGRAM/2 WAY RADIOS
STREET OPERATING SUPPLIES 0000058184 12,88 MISC SUPPLES/T & S
STREET REPAIR AND MAINTENANCE SUPPL 0000058184 32,36 MISC SUPPLES/T & S
STREET TRAVEL & SUBSISTENCE /NON-ED 0000058184 249,25 MISC SUPPLES/T & S
STREET REPAIR & MAINT, OTHER (CONTR 0000058184 13 ,25 MISC SUPPLES/T & S
WATER OPERATING SUPPLIES 0000058184 300,00 MISC SUPPLES/T & S
WATER TRAVEL & SUBSISTENCE /EDUCAT 0000058184 701. 05 MISC SUPPLES/T & S
SEWER OPERATING SUPPLIES 0000058184 85,86-MISC SUPPLES/T & S
WATER/BILLING OPERATING SUPPLIES 0000058183 25,56 MISC SUPPLIES/T & S
STORM WATER REPAIR AND MAINTENANCE SUPPL 0000058184 43,03 MISC SUPPLES/T & S
DATE 6/22/11
TIME 14: 43 : 10
NAME OF VENDOR
Department
CIT Y 0 F M 0 S E S L A K E
TABULATION OF CLAIMS TO BE APPROVED
CO U N C I L ME E T I.N G 0 F
VENDOR NO
Object Description
06/28/2011
Expenditure Account
P.O. Number P.O. Amount Purpose of Purchase
PAGE 3
XAPPRVD
==================================================================================================================
STERLING SAVINGS BANK
STORM WATER
AIRPORT
AMBULANCE SERVICE
AMBULANCE SERVICE
CENTRAL SERVICES
EQUIP RENTAL-OPERATI
EQUIP RENTAL-OPERATI
EQUIP RENTAL-OPERATI
W F 0 A 2011 CONFERENCE
FINANCE
FINANCE
00007077
SMALL EQUIPMENT < $1000
TRAVEL & SUBSISTENCE /NON-ED
OPERATING SUPPLIES
OFFICE SUPPLIES
OPERATING SUPPLIES
GAS-PROPANE-FUEL
REPAIR AND MAINTENANCE SUPPL
GAS-PROPANE-FUEL
00003660
REGISTRATION & MEMBERSHIPS
REGISTRATION & MEMBERSHIPS
0000058184 265.27 MISC SUPPLES/T & S
0000058182 113.05 T & S/GAVINSKI/BISNETT
0000058181 203.54 T & S/ SUPPLIES
0000058181 20.00 T & S/ SUPPLIES
0000058183 429.17 MISC SUPPLIES/T & S
0000058181 99.00 T & S/ SUPPLIES
0000058184 304.87 MISC SUPPLES/T & S
0000058248 280.23 MISCELLANEOUS
======================
TOTAL:
0000058299
0000058299
23,199.95
300.00
900.00
REGIS/ANNDAL CONFERENCE
REGIS/ANNDAL CONFERENCE
======================
TOTAL: 1,200.00
======================
REPORT TOTAL: 53,354.29
DATE 6/22/11
TIME 14 :43 :12
TOTAlS BY FUND
FUND NO
---------
000
102
103
116
410
493
495
498
517
519
CITY OF MOSES LAKE
TABULATION OF CLAIMS TO BE APPROVED
COUNCIL MEETIN.G OF
06/28/2011
FUND NAME AMOUNT
---------------------------------------------------
GBNERAl FUND 20,441. 95
TOURISM ACTIVITIES 18,954.34
GRANTS AND DONATIONS 10,779.63
STREET 307.74
WATER/SEWER 1,112.47
STORM WATER 308.30
AIRPORT 113.05
AMBULANCE SERVICE FUND 223.54
CENTRAl SERVICES 429.17
EQUIPMENT RENTAl 684.10
TOTAl 53,354.29
CHANGES TO BE MADE SHOULD BE LISTED BELOW
VEND NO. P.O. NO. AMT LISTED CORRECTED Al'T ACTION TO BE TAKEN
CORRECT AMOUNT TO BE PAID
TOTAlS PAGE
XAPPRVD
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* C L A I M SAP PRO V A L
* WE, THE UNDERSIGNED COUNCILMEN OF THE CITY OF MOSES LAKE, WASHINGTON, DO HEREBY CERTIFY TEAT THE MERCHANDISE
* OR SERVICES SPECIFIED EAVE BEEN RECEIVED AND TEAT ABOVE CLAIMS ARE APPROVED, AS NOTED, FOR PAYMENT
* IN THE AMOUNT OF $53,354.29 THIS 28TH DAY OF JUNE, 2011
*
*
* * COUNCIL MEMBER
*
*
* * COUNCIL MEMBER
COUNCIL MEMEER
FINANCE DIRECTOR
*
*
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** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
DATE 6/20/11
TIME 14:48:13
NAME OF VENDOR
Department
CITY OF MOSES LAKE
TABULATION OF CLAIMS TO BE APPROVED
COUNCIL MEETING OF
VENDOR NO
Object Description
06/28/2011
Expenditure Account
P.O. Number P.O. Amount Purpose of Purchase
PAGE 1
XAPPRVD
==================================================================================================================
DATASAR 00007974
WATER/BILLING POSTAGE 0000058282 443.26 MAIL UTILITY BILLS
SEWER/BILLING POSTAGE 0000058282 350.48 MAIL UTILITY BILLS
SANITATION FUND POSTAGE 0000058282 196.99 MAIL UTILITY BILLS
STORM WATER POSTAGE 0000058282 64.92 MAIL UTILITY BILLS
AMBULANCE SERVICE POSTAGE 0000058282 54.16 MAIL UTILITY BILLS
======================
TOTAL: 1,109.81
DISCOVERY FORD LM HONDA 00001207
EQUIP RENTAL-OPERATI LEASE PURCHASE DEFERRING TO 0000057124 24,298.59 1 TON CAS & CHASSIS / ER
======================
TOTAL: 24,298.59
ENVIRO CLEAN EQUIP INC 00007655
EQUIP RENTAL-OPERATI MACHINERY & EQUIPMENT NONLEA 0000058193 160,515.78 PATCH TRUCK
======================
TOTAL: 160,515.78
WESTERN PETEREILT INC 00006802
EQUIP RENTAL-OPERATI LEASE PURCHASE DEFERRING TO 0000056795 137,410.75 DUMP TRUCK EQ #289/ER
======================
TOTAL: 137,410.75
======================
REPORT TOTAL: 323,334.93
DATE 6/20/11
TIME 14:48:15
CITY OF MOSES LAKE
TABULATION OF CLAIMS TO BE APPROVED
TOTALS BY FUND
FUND NO
410
490
493
498
519
WATER/SEWER
SANITATION FUND
STORM WATER
FUND NAME
AMBULANCE SERVICE FUND
EQUIPMENT RENTAL
TOTAL
CHANGES TO BE MADE SHOULD BE LISTED BELOW
VEND NO. P.O. NO. AMT LISTED
CORRECT AMOUNT TO BE PAID
COUNCIL MEETING OF
06/28/2011
CORRECTED AMT
AMOUNT
793.74
196.99
64.92
54.16
322,225.12
323,334.93
ACTION TO BE TAKEN
TOTALS PAGE
XAPPRVD
** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
* 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 $323,334.93 THIS 28TH DAY OF JUNE, 2011 *
* *
* *
* * * COUNCIL MEMBER
*
*
* * COUNCIL MEMBER
COUNCIL MEMBER
FINANCE DIRECTOR
*
*
*
*
*
** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
DATE 6/16/11
TIME 14:23:39
NAME OF VENDOR
Department
CITY OF MOSES LAKE
TABULATION OF CLAIMS TO BE APPROVED
COUNCIL MEETING OF
VENDOR NO
Object Description
06/28/2011
Expenditure Account
P.O. Number P.O. Amount Purpose of Purchase
PAGE 1
XAPPRVD
==================================================================================================================
CITY OF MOSES LAKE 00008107
WATER SEWER CONSTRUC LAND PURCHASE 0000058180 73,664.00 TRANS FUNDS/DECANT STATION
======================
TOTAL: 73,664.00
DATABAR 00007974
SEWER POSTAGE 0000058186 765.76 MAIL UTILITY BILLS
WATER/BILLING POSTAGE 0000058186 968.48 MAIL UTILITY BILLS
SANITATION FUND POSTAGE 0000058186 430.41 MAIL UTILITY BILLS
STORM WATER POSTAGE 0000058186 141. 85 MAIL UTILITY BILLS
AMBULANCE SERVICE POSTAGE 0000058186 118.33 MAIL UTILITY BILLS
======================
TOTAL: 2,424.83
HOME DEPOT CREDIT SERVICES 00007824
ENGINEERING REPAIR AND MAINTENANCE SUPPL 0000058188 22.75 MISC SUPPLIES
PARK RECREATION REPAIR AND MAINTENANCE SUPPL 0000058188 17.71 MISC SUPPLIES
PARK RECREATION OPERATING SUPPLIES 0000058188 235.30 MISC SUPPLIES
PARK RECREATION REPAIR AND MAINTENANCE SUPPL 0000058188 236.93 MISC SUPPLIES
PARK RECREATION REPAIR AND MAINTENANCE SUPPL 0000058188 88.51 MISC SUPPLIES
WATER REPAIR AND MAINTENANCE SUPPL 0000058188 118.43 MISC SUPPLIES
SEWER REPAIR AND MAINTENANCE SUPPL 0000058188 242.88 MISC SUPPLIES
BUILD MAINT-OPERATIO OPERATING SUPPLIES 0000058188 59.35 MISC SUPPLIES
BUILD MAINT-OPERATIO REPAIR AND MAINTENANCE SUPPL 0000058188 4.08 MISC SUPPLIES
BUILD MAINT-OPERATIO REPAIR AND MAINTENANCE SUPPL 0000058188 86.70 MISC SUPPLIES
BUILD MAINT-OPERATIO REPAIR AND MAINTENANCE SUPPL 0000058188 25.55 MISC SUPPLIES
BUILD MAINT-OPERATIO REPAIR AND MAINTENANCE SUPPL 0000058188 40.05 MISC SUPPLIES
BUILD MAINT-OPERATIO REPAIR AND MAINTENANCE SUPPL 0000058188 113.93 MISC SUPPLIES
BUILD MAINT-OPERATIO REPAIR AND MAINTENANCE SUPPL 0000058188 8.59 MISC SUPPLIES
======================
TOTAL: 1,300.76
LORI MOHOLT-PHILLIPS 00003515
GRANTS AND DONATIONS OPERATING SUPPLIES 0000058185 2,500.00 FLOWRIDER PRIZE MONEY
DATE 6/16/11
TIME 14:23:39
NAME OF VENDOR
Department
CITY OF MOSES LAKE
TABULATION OF CLAIMS TO BE APPROVED
COUNCIL MEETING OF
VENDOR NO
Object Description
06/28/2011
Expenditure Account
P.O. Number P.O. Amount Purpose of Purchase
PAGE 2
XAPPRVD
==================================================================================================================
UNITED PARCEL SERVICE
MISC. SERVICES
PARK RECREATION
POSTAGE
POSTAGE
00005456
======================
TOTAL:
0000058187
0000058187
2,500.00
40.00
10.68
SHIPPING CHARGES
SHIPPING CHARGES
======================
TOTAL: 50.68
======================
R3PORT TOTAL: 79,940.27
DATE 6/16/11
TIME 14:23:41
CITY OF MOSES LAKE
TOTALS BY FUND
FUND NO
000
103
410
477
490
493
498
528
TABULATION OF CLAIMS TO
C 0 U N C I L M E E TIN G
06/28/2011
FUND NAME
GENERAL FUND
GRANTS AND DONATIONS
WATER/ SEWER
WATER SEWER CONSTRUCTION
SANITATION FUND
STORM WATER
AMBULANCE SERVICE FUND
BUILD MAINTENANCE
TOTAL
AMOUNT
651. 88
2,500.00
2,095.55
73,664.00
430.41
141. 85
118.33
338.25
79,940.27
CHANGES TO BE MADE SHOULD BE LISTED BELOW
B E
o F
VEND NO. P.O. NO. AMT LISTED CORRECTED AMT ACTION TO BE TAKEN
CORRECT AMOUNT TO BE PAID
APPROVED
TOTALS PAGE
XAPPRVD
** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** , 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 $79,940.27 THIS 28TH DAY OF JUNE, 2011 ' , , , , , ,
, COUNCIL MEMBER , , ,
, COUNCIL MEMBER
COUNCIL MEMBER
FINANCE DIRECTOR
,
, , , ,
** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
DATE 6/24/11
TIME 10:51:53
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 TIN G 0 F
VENDOR NO
Object Description
06/28/2011
Expenditure Account
P.O. Number P.O. Amount Purpose of Purchase
PAGE 1
XAPPRVD
==================================================================================================================
9l1HOTJOBS. COM
FIRE
AMBUlANCE SERVICE
A & H PRINTERS
WATER
ABADAN REPROGRAPHICS
ENGINEERING
AMERICAN RED CROSS
PARK RECREATION
APPLIED INSIGHT LLC
MISC. SERVICES
00004989
PROFESSIONAL SERVICES
PROFESSIONAL SERVICES
00000001
PRINTING & BINDING
00000002
REPAIR AND MAINTENANCE SUPPL
00000017
PROFESSIONAL SERVICES
00004315
PROFESSIONAL SERVICES
AQUATIC SPECIALTY SERVICES 00007861
PARK RECREATION OPERATING SUPPLIES
ASSOC OF WASHINGTON CITIES 00000006
EXECUTIVE BOOKS /LESS $100.00 TOTAL VA
BASIN BARK
PARK RECREATION
BASIN LOCK & SECURITY
WATER
00006621
OPERATING SUPPLIES
00003714
OPERATING SUPPLIES
BASIN REFRIGERATION & HEAT INC 00003512
BUILD MAINT-OPERATIO REPAIR & MAINT. BUILDING (CO
BASIN SEPTIC SERVICES
PARK RECREATION
PARK RECREATION
00000166
REPAIR & MAINT. OTHER (CONTR
REPAIR & MAINT. OTHER (CONTR
0000058257
0000058257
40.00
40.00
ADVERTISING
ADVERTISING
======================
TOTAL: 80.00
0000058194 245.74 METER CHANGE RECORDS
======================
TOTAL: 245.74
0000058077 525.47 OCE TDA 320 MAINTENANCE
======================
TOTAL: 525.47
0000058205 220.00 LIFEGUARD CLASSES
======================
TOTAL: 220.00
0000058156 716.28 SPEAKING FEE
======================
TOTAL: 716.28
0000058287 727.25 SACRIFICIAL ANODES
======================
TOTAL: 727.25
0000058302 25.00 MATERIALS FOR CONFERENCE
======================
TOTAL: 25.00
0000058296 301.54 ALGAE FIX
======================
TOTAL: 301.54
0000058196 51. 73 LUBRICANT/LOCKS
======================
TOTAL: 51. 73
0000058197 193.68 REPAIR COMPRESSORS
======================
TOTAL:
0000057938
0000057938
193.68
245.00
140.00
SEPTIC SERVICES
SEPTIC SERVICES
======================
TOTAL: 385.00
DATE 6/24/11
TIME 10: 51: 53
PAGE 2
XAPPRVD
CIT Y 0 F M 0 S E S L A K E
TABULATION OF CLAIMS TO BE APPROVED
C 0 U N C I L M E E TIN G 0 F
NAME OF VENDOR
Department
VENDOR NO
Object Description
06/28/2011
Expenditure Account
P,O, Number P,O, Amount Purpose of Purchase
==================================================================================================================
BEAR BASIN OUTFITTERS 00004232
GRANTS AND DONATIONS MINOR EQUIPMENT < $5000
BNE WORKS
WATER
BONNIE LONG
PARK RECREATION
00003881
REPAIR & MAINT, OTHER (CONTR
00007193
RENTAL/LEASE OTHER EQUIPMENT
BURKE MARKETING & PROMOTION 00005798
TOURISM ACTIVITIES
TOURISM ACTIVITIES
TOURISM ACTIVITIES
C & J HYDRAULICS
PARK RECREATION
PROFESSIONAL SERVICES
ADVERTISING
ADVERTISING
00006917
REPAIR AND MAINTENANCE SUPPL
CASCADE FIRE CORPORATION 00003644
FIRE OPERATING SUPPLIES
CASCADE NATURAL GAS CORP 00000203
PARK RECREATION UTILITY EXPENSE / GAS
PARK RECREATION UTILITY EXPENSE / GAS
FIRE UTILITY EXPENSE / GAS
BUILD MAINT-OPERATIO UTILITY EXPENSE / GAS
CASEY COOPER
MISC, SERVICES
00005217
REGISTRATION & MEMBERSHIPS
CENTRAL BONDED COLLECTORS 00002601
AMBULANCE SERVICE PROFESSIONAL SERVICES
CENTRAL MACHINERY SALES INC 00002779
EQUIP RENTAL-OPERATI REPAIR AND MAINTENANCE SUPPL
0000058251 3,110,95 SUPPLIES
======================
TOTAL: 3,110,95
0000058195 431. 60 EXCAVATE WATER METER
======================
TOTAL: 431.60
0000057666 100,00 VEHICLE USE-JUNE
======================
TOTAL:
0000058288
0000058288
0000058288
100,00
1,000,00
6,878,20
2,992,1)
TOURISM/CONCERT PROMOTION
TOURISM/CONCERT PROMOTION
TOURISM/CONCERT PROMOTION
======================
TOTAL: 10,870,33
0000058173 76,67 MISC REPAIRS
======================
TOTAL: 76,67
0000058258 59,29 HYDRANT WRENCH
======================
TOTAL:
0000058189
0000058189
0000058281
0000058281
59,29
12,334,01
45,77
328,17
70,20
SNS/LRC GAS USAGE
SNS/LRC GAS USAGE
NAT GAS SERVICE
NAT GAS SERVICE
======================
TOTAL: 12,778,15
0000058160 42,50 WELLNESS REIMBURSEMENT
======================
TOTAL: 42,50
0000058261 292,97 PROF SERV/COLLECTION
======================
TOTAL: 292,97
0000058201 242,78 GUTTER BROOMS
DATE 6/24/11
TIME 10:51:53
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 T I ,N G 0 F
VENDOR NO
Object Description
06/28/2011
Expenditure Account
P.O. Number P.O. Amount Purpose of Purchase
PAGE 3
XAPPRVD
==================================================================================================================
======================
TOTAL: 242.78
CENTRAL WASHINGTON CONCRETE 00003603
WATER OPERATING SUPPLIES 0000058199 261.66 CONCRETE PAD
======================
TOTAL: 261.66
CERTIFIED LAEORATORIES 00006099
SEWER OIL, LUBRICANTS & DEISEL EX 0000058198 583.98 PREMALUBE
===============~======
TOTAL: 583.98
CHASE PAYMENTECH-EFT 00004046
WATER/BILLING BANK CHARGES 0000058284 618.36 CREDIT CARD FEES
SEWER/BILLING BANK CHARGES 0000058284 618.35 CREDIT CARD FEES
SANITATION FUND BANK CHARGES 0000058284 618.36 CREDIT CARD FEES
======================
TOTAL: 1,855.07
CITY OF MOSES LAKE 00008102
WATER SEWER CONSTRUC CIP-WATER PROJECTS 0000058155 7,526.75 BLDG PERMIT RES 9 PRJCT 2011
======================
TOTAL: 7,526.75
00008106
STREET REPAIR & MAINT. OTHER (CONTR 0000057821 880.86 RETAINAGE/WEED SPRAYING
======================
TOTAL: 880.86
00008107
EXECUTIVE OPERATING SUPPLIES 0000058301 1. 68 EXCISE TAX
MISC. SERVICES OPERATING SUPPLIES 0000058301 41. 09 EXCISE TAX
PARK RECREATION SMALL EQUIPMENT < $1000 0000058301 28.58 EXCISE TAX
PARK RECREATION TAXES AND ASSESSMENTS 0000058301 29.08 EXCISE TAX
PARK RECREATION OPERATING SUPPLIES 0000058301 726.08 EXCISE TAX
PARK RECREATION TAXES AND ASSESSMENTS 0000058301 67.34 EXCISE TAX
PARK RECREATION TAXES AND ASSESSMENTS 0000058301 28.44 EXCISE TAX
PARK RECREATION TAXES AND ASSESSMENTS 0000058301 65.80 EXCISE TAX
PARK RECREATION OPERATING SUPPLIES 0000058301 72.60 EXCISE TAX
PARK RECREATION TAXES AND ASSESSMENTS 0000058301 33.29 EXCISE TAX
PARK RECREATION LARSON RESALE 0000058301 3.48 EXCISE TAX
DATE 6/24/11
TIME 10:51:53
NAME OF VENDOR
Department
CITY OF MOSES LAKE
TABULATION OF CLAIMS TO BE APPROVED
COUNCIL MEETING OF
VENDOR NO
Object Description
06/28/2011
Expenditure Account
P,O, Number P,O, Amount Purpose of Purchase
PAGE 4
XAPPRVD
~=================================================================================================================
CITY OF MOSES LAKE 00008107
PARK RECREATION TAXES AND ASSESSMENTS 0000058301 12,27 EXCISE TAX
PARK RECREATION OPERATING SUPPLIES 0000058301 5,27 EXCISE TAX
POLICE OPERATING SUPPLIES 0000058301 9,30 EXCISE TAX
POLICE SMALL EQUIPMENT < $1000 0000058301 560,63 EXCISE TAX
FIRE OPERATING SUPPLIES 0000058301 8,16 EXCISE TAX
GRANTS AND DONATIONS MINOR EQUIPMENT < $5000 0000058301 75,63 EXCISE TAX
GRANTS AND DONATIONS OPERATING SUPPLIES 0000058301 32,60 EXCISE TAX
CENTRAL DRIVE LID #5 TRANSFER TO 006 MISC SERVICE 0000058280 25,812,18 TRANS FUNDS/CENTRAl DR TO GEN
WATER OPERATING SUPPLIES 0000058301 41. 71 EXCISE TAX
SEWER OPERATING SUPPLIES 0000058301 20,10 EXCISE TAX
WATER/BILLING TAXES AND ASSESSMENTS 0000058301 19,742,66 EXCISE TAX
SEWER/BILLING TAXES AND ASSESSMENTS 0000058301 7,027,65 EXCISE TAX
SEWER/BILLING TAXES AND ASSESSMENTS 0000058301 2,513,61 EXCISE TAX
SANITATION FUND TAXES AND ASSESSMENTS 0000058301 10,704,24 EXCISE TAX
STORM WATER TAXES AND ASSESSMENTS 0000058301 1,052,1] EXCISE TAX
AMBULANCE SERVICE OPERATING SUPPLIES 0000058301 100,64 EXCISE TAX
AMBULANCE SERVICE TAXES AND ASSESSMENTS 0000058301 3,722,12 EXCISE TAX
======================
TOTAL: 72,538,36
00008201
PARK RECREATION UTILITY EXPENSE / W-S-G 0000058293 842,11 WATER SERVICE
SEWER UTILITY EXPENSE / W-S-G 0000058293 1,367,77 WATER SERVICE
BUILD MAINT-OPERATIO UTILITY EXPENSE / W-S-G 0000058293 213,42 WATER SERVICE
======================
TOTAL: 2,423,30
COLUMBIA BEARING SALES 00000274
PARK RECREATION REPAIR AND MAINTENANCE SUPPL 0000058249 24,69 MISC REPAIRS
======================
TOTAL: 24,69
DATE 6/24/11
TIME 10: 51: 53
PAGE 5
XAPPRVD
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
COUNCIL MEETING OF
NAME OF VENDOR
Department
VENDOR NO
Object Description
06/28/2011
Expenditure Account
P.O. Number P.O. Amount Purpose of Purchase
==================================================================================================================
COMMERCIAL TIRE
EQUIP RENTAL-OPERATI
EQUIP RENTAL-OPERATI
CONCESSIONS SUPPLY
PARK RECREATION
PARK RECREATION
PARK RECREATION
PARK RECREATION
00005968
REPAIR & MAINT. EQUIP. {CONT
REPAIR & MAINT. EQUIP. {CONT
00006286
S&S CONCESSION RESALE
OPERATING SUPPLIES
LARSON RESALE
LAUZIER PLAYFIELD RESALE
CONSOLIDATED ELECTRIC DIST 00000819
PARK RECREATION
PARK RECREATION
REPAIR AND MAINTENANCE SUPPL
REPAIR AND MAINTENANCE SUPPL
CSWW, INC dba BIG R STORES 00001701
FIRE OPERATING SUPPLIES
DANIELSON HARRIGAN LEYH & 00005666
WATER/BILLING PROFESSIONAL SERVICES
DAY WIRELESS SYSTEMS 00005517
EQUIP RENTAL-OPERATI REPAIR AND MAINTENANCE SUPPL
EQUIP RENTAL-OPERATI REPAIR & MAINT. EQUIP. {CONT
DEPARTMENT OF AGRICULTURE 00004677
POLICE PROFESSIONAL SERVICES
DEPT OF COMM,TRADE & ECON-EFT 00007654
PWTF W/S D/S PRINCIPAL INTERGOVERNMENTAL
PWTF W/S D/S PRINCIPAL INTERGOVERNMENTAL
PWTF W/S D/S INTEREST INTERGOVERN DEBT
PWTF W/S D/S INTEREST INTERGOVERN DEBT
0000058200
0000058200
116.99
542.85
TIRES/BALANCING
TIRES/BALANCING
======================
TOTAL:
0000058035
0000058035
0000058035
0000058035
659.84
284.40
111.33
227.80
111.25
SLUSHY MACHINE REPAIR
SLUSHY MACHINE REPAIR
SLUSHY MACHINE REPAIR
SLUSHY MACHINE REPAIR
======================
TOTAL:
0000058235
0000058235
734.78
80.17
186.74
MISC SUPPLIES
MISC SUPPLIES
======================
TOTAL: 266.91
0000058269 31.24 TONGUE JACK
======================
TOTAL: 31.24
0000058270 954.20 PROF SERVICE/LARSON APB
======================
TOTAL:
0000058204
0000058204
954.20
69.06
234.15
REPAIR RADIOS, BATTERY.
REPAIR RADIOS, BATTERY.
======================
TOTAL: 303.21
0000058245 16.80 SCALE INSPECTION
======================
TOTAL:
0000058286
0000058286
0000058286
0000058286
16.80
97,038.71
561,692.16
8,875.00
33,540.13
PUBLIC WORKS LOANS REPYMTS
PUBLIC WORKS LOANS REPYMTS
PUBLIC WORKS LOANS REPYMTS
PUBLIC WORKS LOANS REPYMTS
DATE 6/24/11
TIME 10:51:53
NAME OF VENDOR
Department
CITY OF MOSES LAKE
TABULATION OF CLAIMS TO BE APPROVED
COUNCIL MEETI.NG OF
VENDOR NO
Object Description
06/28/2011
Expenditure Account
P.O. Number P.O. Amount Purpose of Purchase
PAGE 6
XAPPRVD
==================================================================================================================
DESERT GRAPHICS INC
PARK RECREATION
00006564
OPERATING SUPPLIES
DISCOVERY FORD LM HONDA 00001207
EQUIP RENTAL-OPERATI REPAIR & MAINT. EQUIP. (CONT
EASTERN CASCADE DIST
POLICE
00006909
OPERATING SUPPLIES
FABER INDUSTRIAL SUPPLY 00000501
PARK RECREATION REPAIR AND MAINTENANCE SUPPL
PARK RECREATION OPERATING SUPPLIES
PARK RECREATION REPAIR AND MAINTENANCE SUPPL
PARK RECREATION REPAIR AND MAINTENANCE SUPPL
FIRE OPERATING SUPPLIES
WATER OPERATING SUPPLIES
SEWER REPAIR AND MAINTENANCE SUPPL
STORM WATER REPAIR AND MAINTENANCE SUPPL
EQUIP RENTAL-OPERATI REPAIR AND MAINTENANCE SUPPL
FERRELLGAS
STREET
FIRST DATA -EFT
FINANCE
FLINT TRADING INC
STREET
00002207
REPAIR AND MAINTENANCE SUPPL
00005676
BANK CHARGES
00006654
REPAIR AND MAINTENANCE SUPPL
FOOD SERVICES OF AMERICA 00007168
PARK RECREATION S&S CONCESSION RESALE
======================
TOTAL: 701,146.00
0000058191 1,133.38 MAINTENANCE HATS/SHIRTS
======================
TOTAL: 1,133.38
0000058202 474.08 REPAIR ODOMETER
======================
TOTAL: 474.08
0000058246 44.00 DRINKING WATER
======================
TOTAL: 44.00
0000058236 160.23 MISC SUPPLIES
0000058236 86.71 MISC SUPPLIES
0000058236 2.02 MISC SUPPLIES
0000058236 248.17 MISC SUPPLIES
0000058260 198.15 TORQUE WRENCH
0000058211 59.49 MISC SUPPLIES
0000058211 42.19 MISC SUPPLIES
0000058211 23.08 MISC SUPPLIES
0000058211 13.53 MISC SUPPLIES
======================
TOTAL: 833.57
0000058209 20.50 PART/WEED BURNER
======================
TOTAL: 20.50
0000058275 .50 CREDIT CARD FEE
======================
TOTAL: .50
0000058208 7,155.15 SIGN STOCK
======================
TOTAL: 7,155.15
0000058175 4,862.31 CHIPS/FRANKS/FRSEZES/PRSTZEL
DATE 6/24/11
TIME 10:51:53
PAGE 7
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 T I ·N G 0 F
NAME OF VENDOR
Department
VENDOR NO
Object Description
06/28/2011
Expenditure Account
P,O, Number P,O, Amount Purpose of Purchase
==================================================================================================================
FOOD SERVICES OF AMERICA 00007168
PARK RECREATION
PARK RECREATION
FORCE FLOW
WATER
G N NORTHERN INC
CIVIC CENTER
GATEWAY EDI
AMBULANCE SERVICE
GEMPLERS INC
PARK RECREATION
LARSON RESALE
LAUZIER PLAYFIELD RESALE
00004778
MACHINERY & EQUIPMENT NONLEA
00007524
BUILDINGS (CONSTRUCTION)
00004218
PROFESSIONAL SERVICES
00000609
OPERATING SUPPLIES
GOVT TECHNOLOGY SOLUTIONS INC 00004815
CENTRAL SERVICES PROFESSIONAL SERVICES
GRAINGER PARTS OPERATIONS 00002755
SEWER REPAIR AND MAINTENANCE SUPPL
BUILD MAINT-OPERATIO REPAIR AND MAINTENANCE SUPPL
GPJlNT COUNTY ANIMAL OUTREACH 00003387
POLICE ANIMAL SHELTER
GRANT COUNTY ECON DEV COUNCIL 00005738
LEGISLATIVE TRAVEL & SUBSISTENCE /NON-ED
H D FOWLER COMPANY
WATER
HACH COMP~.NY
WATER
00003868
REPAIR AND MAINTENANCE SUPPL
00000712
OPERATING SUPPLIES
0000058175
0000058175
999,87
458,60
CHIPS/FRANKS/FREEZES/PRETZEL
CHIPS/FRANKS/FREEZES/PRETZEL
======================
TOTAL: 6,320,78
0000058210 10,475,30 CHLORINATION SYSTEM
======================
TOTAL: 10,475,30
0000058289 1,514,00 PROFESS SERV ML CIVIC CENTER
======================
TOTAL: 1,514,00
0000058262 78,00 ELEC CLAIMS SERV
======================
TOTAL: 78,00
0000058168 171.51 GLOVES
======================
TOTAL: 171,51
0000058148 2,246,45 SOFTWARE MAINTENANCE
======================
TOTAL:
0000058212
0000058212
2,246,45
438,45
44,37
MISC SUPPLIES
MISC SUPPLIES
======================
TOTAL: 482,82
0000058283 25,000,00 SECOND HALF CONTRACT PYMT
======================
TOTAL: 25,000,00
0000058274 30,00 GWMA LUNCHEON
======================
TOTAL: 30,00
0000058207 2,946,53 HYDRANT ADAPTER
======================
TOTAL: 2,946,53
0000058213 460,15 CHLORINE
======================
TOTAL: 460,15
DATE 6/24/11
TIME 10:51:53
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
COUNCIL MEETING OF
VENDOR NO
Object Description
06/28/2011
Expenditure Account
P.O. Number P.O. Amount Purpose of Purchase
PAGE 8
XAPPRVD
==================================================================================================================
IBS INC 00004860
WATER OPERATING SUPPLIES
EQUIP RENTAL-OPERATI REPAIR AND MAINTENANCE SUPPL
INTERNATIONAL CODE COUNCIL 00007587
COMMUNITY DEVELOPMEN BOOKS /LESS $100.00 TOTAL VA
INTERNATIONAL CODE COUNCIL INC 00007862
COMMUNITY DEVELOPMEN REGISTRATION & MEMBERSHIPS
JERRYS AUTO SUPPLY 00005835
FIRE OPERATING SUPPLIES
EQUIP RENTAL-OPERATI REPAIR AND MAINTENANCE SUPPL
JIM SEAMAN
POLICE
JOSEPH K GAVINSKI
EXECUTIVE
00005588
TRAVEL & SUBSISTENCE /NON-ED
00002757
TRAVEL & SUBSISTENCE /NON-ED
KIWANIS CLUB OF .MOSES LAKE 00005458
LEGISLATIVE
L N CURTIS & SONS
FIRE
TRAVEL & SUBSISTENCE /NON-ED
00003000
OPERATING SUPPLIES
LAD IRRIGATION COMPANY INC 00001101
PARK RECREATION
LARRDAL MEDICAL CORP
AMBULANCE SERVICE
REPAIR AND MAINTENANCE SUPPL
00005367
OPERATING SUPPLIES
LAND SURVEYORS ASSOC OF WASH 00005713
ENGINEERING REGISTRATION & MEMBERSHIPS
0000058214
0000058214
103.55
567.66
MISC SUPPLIES
MISC SUPPLIES
======================
TOTAL: 671.21
0000058163 8.63 BLDG-SHIPPING ON BOOK
======================
TOTAL: 8.63
0000058164 125.00 MEMBERSHIP RENEWAL
======================
TOTAL:
0000058268
0000058216
125.00
9.21
124.69
ADAPTER
MISC SUPPLIES
======================
TOTAL: 133.90
0000058252 359.65 TRAVEL
======================
TOTAL: 359.65
0000058273 326.00 REIMB EXPENSES
======================
TOTAL: 326.00
0000058271 40.00 PRAYER BREAKFAST TICKETS
======================
TOTAL: 40.00
0000058264 305.11 BATTERY, GLOVES
======================
TOTAL: 305.11
0000058172 15.49 IRRIGATION SUPPLIES
======================
TOTAL: 15.49
0000058259 616.81 ACLS MANDALS
======================
TOTAL: 616.81
0000058177 200. 00 MEMBER RENEWAL
======================
TOTAL: 200. 00
DATE 6/24/11
TIME 10:51:53
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 TIN. G 0 F
VENDOR NO
Object Description
06/28/2011
Expenditure Account
P.O. Number P.O. Amount Purpose of Purchase
PAGE 9
XAPPRVD
==================================================================================================================
M 1 TANKS
WATER
MARCY MASLEN
MISC. SERVICES
00003919
REPAIR AND MAINTENANCE SUPPL
00005198
REGISTRATION & MEMBERSHIPS
MERCHANT SOLUTIONS -EFT 00005882
COMMUNITY DEVELOPMEN
LEGAL/JUDICIAL
ENGINEERING
PARK RECREATION
PARK RECREATION
PARK RECREATION
PARK RECREATION
POLICE
WATER/BILLING
SEWER/BILLING
AIRPORT
AMBULANCE SERVICE
MICHELLE SHIELDS
MISC. SERVICES
BANK CHARGES
MISCELLANEOUS {NOT LISTED BE
MISCELLANEOUS {NOT LISTED BE
BANK CHARGES
BANK CHARGES
BANK CHARGES
BANK CHARGES
BANK CHARGES
BANK CHARGES
BANK CHARGES
BANK CHARGES
BANK CHARGES
00007785
REGISTRATION & MEMBERSHIPS
MLHS DRILL TEAM BOOSTER CLUE 00004759
PARK RECREATION PROFESSIONAL SERVICES
MOSES LAKE PROF PHARMACY 00005565
AMBULANCE SERVICE OPERATING SUPPLIES
MOSES LAKE STEEL SUPPLY 00001268
PARK RECREATION OPERATING SUPPLIES
0000058217 2]1.98 DISCHARGE COATER
======================
TOTAL: 231.98
0000058159 9.95 WELLNESS REIMBURSEMENT
======================
TOTAL: 9.95
0000058276 134.32 CREDIT CARD FEES
0000058276 1. 33 CREDIT CARD FEES
0000058276 6.20 CREDIT CARD FEES
0000058276 109.10 CREDIT CARD FEES
0000058276 150.60 CREDIT CARD FEES
0000058276 375.88 CREDIT CARD FEES
0000058276 38.61 CREDIT CARD FEES
0000058276 26.21 CREDIT CARD FEES
0000058276 118.19 CREDIT CARD FEES
0000058276 31.25 CREDIT CARD FEES
0000058276 57.95 CREDIT CARD FEES
0000058276 33.79 CREDIT CARD FEES
======================
TOTAL: 1,083.43
0000058157 8.38 WELLNESS REIMBURSEMENT
======================
TOTAL: 8.38
0000058171 1,106.58 MOLAHIETTES DRILL CAMP INSTRUC
======================
TOTAL: 1,106.58
0000058263 122.02 AMBULANCE SUPPLIES
======================
TOTAL: 122.02
0000058237 13.17 MIse SUPPLIES
DATE 6/24/11 PAGE 10
TIME 10:51:53 XAPPRVD
CIT Y 0 F M 0 S E S L A K E
TABULATION OF CLAIMS TO BE APPROVED
COUNCIL MEETING OF
NAME OF VENDOR
Department
VENDOR NO
Object Description
C6/28/2011
Expenditure Account
P.O. Number P.O. Amount Purpose of Purchase
==================================================================================================================
MOSES LAKE STEEL SUPPLY 00001268
PARK RECREATION
STREET
SEWER
N C MACHINERY
REPAIR AND MAINTENANCE SUPPL
REPAIR AND MAINTENANCE SUPPL
REPAIR AND MAINTENANCE SUPPL
00004464
EQUIP RENTAL-OPERATI REPAIR AND MAINTENANCE SUPPL
NATL ALLIANCE FOR YOUTH SPORTS 00007279
PARK RECREATION PROFESSIONAL SERVICES
NORTH CENTRAL WASHINGTON FENCE 00006902
PARK RECREATION
PARK RECREATION
OPERATING SUPPLIES
REPAIR AND MAINTENANCE SUPPL
NORTHSTAR CHEMICAL INC 00006113
PARK RECREATION OPERATING SUPPLIES
WATER OPERATING SUPPLIES
NW MUSEUM OF ARTS & CULTURE 00005648
GRANTS AND DONATIONS PROFESSIONAL SERVICES
OXARC INC
ENG INEERING
PARK RECREATION
STREET
00001412
OPERATING SUPPLIES
OPERATING SUPPLIES
OPERATING SUPPLIES
PACIFIC NORTHWEST MECHANICAL 00005536
SEWER REPAIR & MAINT. EQUIP. (CONT
PAGE, WOLFBERG & WIRTH 00006475
AMBULANCE SERVICE REGISTRATION & MEMBERSHIPS
0000058237
0000058218
0000058218
3.45
7.07
37.89
MISC SUPPLIES
MISC SUPPLIES
MISC SUPPLIES
======================
TOTAL: 61. 58
0000058220 14.88 PLUG
======================
TOTAL: 14.88
0000058169 220.00 TEE BALL COACH FEES
======================
TOTAL:
0000058154
0000058154
220.00
4,819.85
127.32
MISC SUPPLIES
MISC SUPPLIES
======================
TOTAL:
0000058167
0000058219
4,947.17
1,441.89
2,340.16
HYDROCHLORIC ACID
SODIUM HYPO
======================
TOTAL: 3,782.05
0000058176 2,000.00 EXHIBIT -NW LANDSCAPE PAINT
======================
TOTAL:
0000058013
0000058294
0000058221
2,000.00
31. 24
445.79
13 .25
HARD HATS
CO2 BULK
GLOVES
======================
TOTAL: 490.28
0000058222 51.26 METAL
======================
TOTAL: 51. 26
0000058255 99.00 WEBINAR REGIS
======================
TOTAL: 99.00
DATE 6/24/11
TIME 10:51:53
NAME OF VENDOR
Department
CIT Y 0 F M 0 S E S L A K E
TABULATION OF CLAIMS TO BE APPROVED
COUNCIL MEETING OF
VENDOR NO
Obj ect Description
06/28/2011
Expenditure Account
P.O. Number P.O. Amount Purpose of Purchase
PAGE 11
XAPPRVD
==================================================================================================================
PATTERSON OFFICE SUPPLIES 00005890
AMBULANCE SERVICE OPERATING SUPPLIES
PROGRESSIVE MEDICAL INTL 00006656
AMBULANCE SERVICE
QUILL CORPORATION
FINANCE
SEWER/BILLING
AMBULANCE SERVICE
QWEST
PARK RECREATION
PARK RECREATION
FIRE
STREET
WATER
SEWER
AIRPORT
AMBULANCE SERVICE
CENTRAL SERVICES
RADIO SRACK
POLICE
RICRARD LAW
MISC. SERVICES
SAFARI LAND
OPERATING SUPPLIES
00004811
OPERATING SUPPLIES
OPERATING SUPPLIES
OPERATING SUPPLIES
00001502
TELEPHONE
TELEPHONE
TELEPHONE
TELEPHONE
TELEPHONE
TELEPHONE
TELEPHONE
TELEPHONE
TELEPHONE
00001723
OPERATING SUPPLIES
00007062
REGISTRATION & MEMBERSHIPS
00004703
0000058256 163.98 INSURANCE FORM ENVELOPES
======================
TOTAL: 163.98
0000058253 1,557.39 AMBULANCE SUPPLIES
======================
TOTAL:
0000058278
0000058278
0000058266
1,557.39
103.82
84.14
181. 22
DATE STAMP/SUPPLIES
DATE STAMP/SUPPLIES
ENVELOPES, LABELS
======================
TOTAL: 369.18
0000058292 39.81 TELEPHONE SERVICE
0000058300 90.22 TELEPHONE SERVICE
0000058300 415.64 TELEPHONE SERVICE
0000058300 202.59 TELEPHONE SERVICE
0000058292 238.88 TELEPHONE SERVICE
0000058300 71.43 TELEPHONE SERVICE
0000058300 41. 97 TELEPHONE SERVICE
0000058292 39.81 TELEPHONE SERVICE
0000058292 2,622.64 TELEPHONE SERVICE
======================
TOTAL: 3,762.99
0000058298 32.37 BATTERIES
======================
TOTAL: 32.37
0000058158 37.25 NELLNESS REIMBURSEMENT
======================
TOTAL: 37.25
DATE 6/24/11
TIME 10:51:53
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
COUNCIL MEETING OF
VENDOR NO
Object Description
06/28/2011
Expenditure Account
P.O. Number P.O. Amount Purpose of Purchase
PAGE 12
XAPPRVD
==================================================================================================================
POLICE
SHERWIN-WILLIAMS
PARK RECREATION
SIGNS NOW
SEWER
SIRENNET. COM
OPERATING SUPPLIES
00006229
OPERATING SUPPLIES
00007051
REPAIR & MAINT. EQUIP. (CONT
00007692
EQUIP RENTAL-OPERATI REPAIR AND MAINTENANCE SUPPL
SPECIALTY WELDING INC 00006084
EQUIP RENTAL-OPERATI REPAIR & MAINT. EQUIP. (CONT
SPOKANE HOUSE OF HOSE 00004293
PARK RECREATION OPERATING SUPPLIES
STATE AUDITORS OFFICE
FINANCE
STRYKER MEDICAL
AMBULANCE SERVICE
SUNTRUST
EQUIPMENT LEASES
EQUIPMENT LEASES
W/S LEASES
W/S LEASES
EQUIP RENTAL-DEBT SR
EQUIP RENTAL-DEBT SR
TESTCOMM LLC
CIVIC CENTER
00003249
PROFESSIONAL SERVICES
00006455
OPERATING SUPPLIES
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
00003982
BUILDINGS (CONSTRUCTION)
0000058242 35.33 SUPPLIES
======================
TOTAL: 35.33
0000058239 111.99 MISC SUPPLIES
======================
TOTAL: 111. 99
0000058224 160.78 VINYL GRAPHICS
======================
TOTAL: 160.78
0000058223 606.22 STOCK REFLECTORS
======================
TOTAL: 606.22
0000058225 539.50 REPAIR WATERWAY WELDMENT
======================
TOTAL: 539.50
0000058190 786.63 MISC REPAIRS
======================
TOTAL: 786.63
0000058279 28,275.14 PROF SERVICE/GEN AUDIT
======================
TOTAL: 28,275.14
0000058265 237.33 HOOK KIT
======================
TOTAL: 237.33
0000058285 304.54 #35 LEASE PYMT/JULY
0000058285 23.37 #35 LEASE PYMT/JULY
0000058285 3,278.99 #35 LEASE PYMT/JULY
0000058285 274.50 #35 LEASE PYMT/JULY
0000058285 9,027.15 #35 LEASE PYMT/JULY
0000058285 669.70 #35 LEASE PYMT/JULY
======================
TOTAL: 13,578.25
0000058290 1,000.00 PROFESS SERV ML CIVIC CENTER
I
DATE 6/24/11
TIME 10:51:53
PAGE 13
XAPPRVD
CITY OF MOSES LAKE
TABULATION OF CLAIMS TO BE APPROVED
COUNCIL MEETING OF
NAME OF VENDOR
Department
VENDOR NO
Object Description
06/28/2011
Expenditure Account
P.O. Number P.O. Amount Purpose of Purchase
==================================================================================================================
THE PROFESSORS INC
STREET
00004873
REPAIR & MAINT. OTHER (CONTR
TRAFFIC SAFETY SUPPLY COMPANY 00003726
STORM WATER
ULTIMATE OFFICE
WATER
REPAIR AND MAINTENANCE SUPPL
00007529
OFFICE SUPPLIES
UNITED PIPE & SUPPLY INC 00004179
PARK RECREATION
PARK RECREATION
VIDACARE
AMBULANCE SERVICE
VISTA SERVICE & TOWING
OPERATING SUPPLIES
REPAIR AND MAINTENANCE SUPPL
00004962
OPERATING SUPPLIES
00004604
EQUIP RENTAL-OPERATI REPAIR & MAINT. EQUIP. (CONT
WA ASSN SHERIFF POLICE CHIEFS 00002250
POLICE REGISTPJlTION & MEMBERSHIPS
WA ST CRIMINAL JUSTICE TRNG 00003831
POLICE REGISTRATION & MEMBERSHIPS
WASHINGTON STATE TREASURER 00004306
ENGINEERING
WAVEHOUSE
PARK RECREATION
REGISTRATION & MEMBERSHIPS
00007163
OPERATING SUPPLIES
WEAVER EXTERMINATING SERVICE 00004290
STREET REPAIR & MAINT. OTHER (CONTR
======================
TOTAL: 1,000.00
0000057820 18,128.10 WEED SPRAYING CONTRACT
======================
TOTAL: 18,128.10
0000058226 67.55 SIGN BRACING
======================
TOTAL: 67.55
0000058227 167.99 DESK ORGANIZERS
======================
TOTAL:
0000058166
0000058166
167.99
763.51
1,125.14
MAXI ROTOR/FALCON RTR/MOD
MAXI ROTOR/FALCON RTR/MOD
====================~~
TOTAL: 1,888.65
0000058254 503.73 NEEDLE SETS
~~~~~~===~~~~~~=~=====
TOTAL: 503.73
0000058228 143.24 TOWING CHARGES
======================
TOTAL: 143.24
0000058241 300.00 REGISSTRATION
======================
TOTAL: 300.00
0000058244 60.00 REGISTRATION
=======~==============
TOTAL: 60.00
0000058165 152.00 ENGINEERING LICENSE RENEWAL
==~~========~~========
TOTAL: 152.00
0000058203 1,331.00 FLOWBOARDS
======================
TOTAL; 1,331. 00
0000058229 127.32 RODENT CONTROL
======================
TOTAL: 127.32
DATE 6/24/11
TIME 10:51:53
NAME OF VENDOR
Department
CIT Y 0 F M 0 S E S L A K E
TABULATION OF CLAIMS TO BE APPROVED
COUNCIL MEETING OF
VENDOR NO
Object Description
06/28/2011
Expenditure Account
P.O. Number P.O. Amount Purpose of Purchase
PAGE 14
XAPPRVD
==================================================================================================================
WEINSTEIN BEVERAGE COMPANY 00005990
BUILD MAINT-OPERATIO OPERATING SUPPLIES
WEST PAYMENT CENTER
LEGAL/JUDICIAL
WESTERN PETERBILT INC
00004968
BOOKS /LESS $100.00 TOTAL VA
00006802
EQUIP RENTAL-OPERATI REPAIR & MAINT. EQUIP. (CONT
WISCONSIN HEALTH INFO NETWORK 00005730
AMBULANCE SERVICE
XPRESS BILL PAY -EFT
WATER/BILLING
SEWER/BILLING
SANITATION FUND
ZIGGYS #13
PARK RECREATION
WATER
PROFESSIONAL SERVICES
00006421
BANK CHARGES
BANK CHARGES
BANK CHARGES
00006567
REPAIR AND MAINTENANCE SUPPL
OPERATING SUPPLIES
0000058230 1,909.30 PAPER PRODUCTS
======================
TOTAL: 1,909.30
0000058272 883.34 LEGAL BOOKS
======================
TOTAL: 883.34
0000058231 577.03 REPAIR RADIATOR LEAK
======================
TOTAL: 577.03
0000058267 21.44 MONTHLY FEE
======================
TOTAL:
0000058277
0000058277
0000058277
21.44
262.64
262.64
262.64
CREDIT CARD FEES
CREDIT CARD FEES
CREDIT CARD FEES
======================
TOTAL:
0000058170
0000058232
787.92
22.59
15.54
ALUMINDM TIES
BOLTS
======================
TOTAL: 38.13
======================
REPORT TOTAL: 976,442.73
DATE 6/24/11
TIME 10:51:55
TOTALS BY FUND
FUND NO
---------
000
102
103
116
275
283
410
477
483
485
490
493
495
498
517
519
528
CITY OF MOSES LAKE
TABULATION OF CLAIMS TO BE APPROVED
COUNCIL MEETING OF
06/28/2011
FUND NAME AMOUNT
----------------------------------------------------
GENERAL FUND 97,956.76
TOURISM ACTIVITIES 10,870.33
GRANTS AND DONATIONS 5,219.18
STREET 26,534.84
EQUIPMENT LEASES 327.91
CENTRAL DRIVE LID #58 25,812.18
WATER/SEWER 53,079.55
WATER SEWER CONSTRUCTION 7,526.75
wls LEASES 3,553.49
PWTF W/S D/S 701,146.00
SANITATION FUND 11,585.24
STORM WATER 1,142.76
AIRPORT 99.92
AMBOLANCE SERVICE FUND 7,810.25
CENTRAL SERVICES 4,869.09
EQUIPMENT RENTAL 13,963.51
BUILD MAINTENANCE 4,944.97
TOTAL 976,442.73
CHANGES 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
** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** , 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 $976,442.73 THIS 28TH DAY OF JUNE, 2011 ,
, ,
, COUNCIL MEMBER ,
* ,
, COUNCIL MEMBER
COUNCIL MEMBER
FINANCE DIRECTOR
* ,
, ,
* , , ,
*
* , ,
** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * **
June 22, 2011
TO: City Manager
For City Council Consideration
FROM: Municipal Services Director
SUBJECT: Accept Work
Crack Seal Project -2011
Quality Paving, Inc. has completed work for the 2011 Crack Seal Project. Tills project consisted
of sealing approximately 322,000 feet of various cracks in our city streets and parking lots.
This work was awarded in the amount of$97,414. The [mal contract amount for the work
completed is $107,822. The extra work consisted of sealing an extra 35,890 feet of cracks ..
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 SUbmitte~
~~~~
Municipal Services Director
June 22,2011
TO: City Manager
For COlllcil Consideration
FROM: Municipal Services Director
SUBJECT: Verns Moses Lake Meat Company
Industrial Waste Discharge Permit No. 12 -Renewal
Staff has prepared the wastewater discharge permit renewal for Vern's Moses Lake Meat
Company. The permit allows Vern's Meat to discharge 9,900 gallons per day. This permit
closely resembles the Washington Sate Department of Ecology's permit.
Vern's Meats finds this permit acceptable to them since it is essentially the same as the expired
permit. Permits are required to be renewed every five years. The permit is available at the
Operations office for review.
The permit is presented for Council consideration.
'"~=\M
G"" Ha=, PEiPLS ~
Municipal Services Director
June 22, 2011
TO:
FROM:
SUBJECT:
City Manager
For Council Consideration
Municipal Services Director
Consideration of Bids
Seal Coat Project -2011
Staff opened bids for the 2011 Seal Coat Project on June 22, 2011. This base bid includes chip
sealing approximately 177,100 square yards of with 3/8 chips followed by a fog sealing of the
streets listed on the attached street list. Additive 1 includes another 39,700 square yards of streets
to be chip sealed followed by a fog seal.
A total of two bids were received.
Bidder Base Bid Additive 1 Base Bid & Additive 1
Granite Construction Company $436,000 $86,490 $522,490
Central Washington Asphalt, Inc. $489,860 $81,350 $571,210
Engineer's Estimate $504,750 $102,275 $607,025
Staff recommends awarding the Base Bid and Additive 1 to Granite Construction Company for the
sum of $522,490. The bid tabulation is attached for your review.
R,_y SUbmi",\\ ~:~~
Municipal Services Director
Contract #A-732
Schedule A: Street List By Type
SEAL COAT PROJECT -2011
BID SUMMARY
Single Chip Seal: 177,100 SY (Oregon St., Washington St., White Dr., Kevin Way, Earl Rd., Dale Rd., Windrose Dr., Royal Palm Dr.,
Edgewater Ln., Clark Dr., Reisner Rd., Knolls Vista Parking Lot, Ridge Rd., Mattson Dr., Knolls Vista Dr., Northshore Dr., Crestview Dr.,
Cove West Dr., Shipmaster Ct., Schooner Ct., Sage Rd., Sand Dunes Rd., Camas PI., Lupine Dr., Laguna Dr., and Sandalwood PI.)
06/22/11
?vfi-
,dure A: Street Construction II Engineer's Estimate II Granite Construction Comnanv I Central Washington Asphalt, Inc. I
, [DESCRIPTION J t~:~.g¢yJ UNIT J UNIT PRICE AMOUNT I UNIT PRICE I AMOUNT II UNIT PRICE I AMOUNT J
5,000.00 25000.0 31,500.00 $31,500.00 ~45.
~
16
Asphalt, CRS-2P arid 8-lnch -No. 10)
~ HM
jus1
for
Itch CI. 31BMInch PG 64-28
e & Cover
'just Monument Case, Cover, &
~ Box
j Adjust Valve Box
10le Frame & Cover
3 and Adiust Manhole Frame & Cover-
Additive 1: Street List By Type
Single Chip Seal: 39,700 SY
2:
2
10
4
1
1
ISales Tax (0
ITotal
M
H
eA
5,000.00 $35,000.00 $35,000.00 $35,000.00 $68,
$125.00 $8.750.00 $100.0ID $7.000.0g]1 $
$750.00
$50.00
$875.00
$15C
$75C
$75.
$400.
,500.00
,400.
,500.
,550.
>750.
>70
~uv.
$150.
$800. $SO:
$325:
$525.00
350.
450.
475.
725.
525.
$
~oo
$700.
$4,50
$1.90
$525
$489.860.001
$0.00
$489,860.00 I
Cougar Dr., Hamilton Rd., Applecup Dr., Vandal Ct., Wildcat Ln., Pirate Ln., Husky Dr., Gibby Rd., Fern Dr., and Crouse St.
Additive 1: Street Construction Granite Construction Com an I Central Washington Asphalt, Inc. II
ITEM DESCRIPTION I UNIT PRICE I AMOUNT II UNIT PRICE I AMOUNT I
:]us
Asphalt, -CRS-2P
Asphalt for
Adius
y Surface
Case & Cover
8-lnch -
Z:\MyFiles\QPW\Qpw11\Seal Coat Project-2011;A-732\Bid Summary 2011.qpw
$
6
$102,275.00 I
IITotal Schedule A and Additive 1 $607,025.0011
$8,500
$640.00 $150.0C
$550.00 $BOO.OC
$700.00 $325.0C
$86,490.001 I $81,350.001
$0.00 $0.00
$86,490.001 I $81,350.001
c--$522,490.0011 $571,210.00 II
DWANE LIND
TSUNAMI SUSHI
June 16,2011
Moses Lake City Council
Dear Council,
Tsunami Sushi would like to request permission to have the annual Elvis night.
The event will be conducted in the same manner as it has been for the last three
years. The council has presented me with some questions.
l. Did we contact the merchants around the restaurant? Yes, and as with previ-
ous years some have stated that because of the amount of people that come to
the show they will be staying open later to take advantage of the opportunity.
2.\ll1ho is providing clean up? Tsunami Sushi. Every year we clean up after the
eve!lL and have never had any c0111plaints.
3.What time are we serving alcohol? We will be serving alcohol during our nor-
mal business hours inside the restaurant, and will start serving alcohol outside
around 8:00 pm and stop around II :30 about a half hour before the end of the
show. This is consistent with how the event has been conducted successfully for
the past three years.
4. \!\That kind of portable toilets are being used? None. We have not used them in
the past three years because everyone is allowed to use the three restrooms in-
side the restaurant.
5.Who is supplying the power? The power will be supplied by Tsunami Sushi in
the same manner that it has always been done. Never has this event robbed
power from any City of Moses Lake power sources.
6.\!\That kind of stage for the performance? We will be using the same stage that
we purchased two years ago, and have use the previous two years to satisfy pre-
vious Council requests.
Sincerely yours,
Dwane incl
Members of the Moses Lake City Council,
I am coming before you to request a deviation in the city noise
ordinance for the third Saturday of each month from 10 p.m. to 12
a.m., weather permitting.
I am the owner of The Sand Bar, located at 204 W. Broadway
Ave. with an outside deck facing Moses Lake. Our deck is well over
900 ft. from the nearest residence across the lake. We have had bands
play outside numerous times in the past but because of the reflective
quality of the water resulting in noise ordinance issues and the limited
amount of floor space available inside we have had to stop allowing
bands to play altogether.
This has had a substantial negative impact on my ability to keep my
business open.
I am a business owner of 1 o years employing a dozen or more
people and am in good standing with state and local law enforcement
agencies. I have been proactive and totally on board for the "Vision
20/20" project by spending a tremendous amount of time and energy
to beautify the back of my establishment, transforming the adjacent
vacant lot into a partially covered deck that draws attention to and
showcases the beautiful vistas of the lake.
I am hoping you <can appreciate my position in these trying
financial times and we <can come to an understanding and reach a
compromise on the noise ordinance to help the local economy and
keep my business open.
Thank you for your time,
Travis Laibl
The Sand Bar LLC
509361-9432
June 22, 2011
TO: City Manager for Council Consideration
FROM: Municipal Services Director
SUBJECT: Ordinance -Utility System Development Charges -2nd Reading
Attached is an ordinance with the annual adjustment to the utility system development
charges, by the December to December CPI.
The ordinance is presented for Council consideration. This is the second reading of the
ordinance.
Respectfully submitted ~:~~=t::~~
GA:jt
ORDINANCE NO. 2621
AN ORDINANCE AMENDING CHAPTER 3.62 OF THE MOSES LAKE MUNICIPAL
CODE ENTITLED "UTILITY SYSTEM DEVELOPMENT CHARGES"
THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS:
Section 1. Chapter 3.62 of the Moses Lake Municipal Code entitled "Utility System Development Charges"
is amended as follows:
3.62.010 Water System Development Charges: A system development charge (SDC) shall be assessed
on all properties that connect to the City's water system, in the amount shown below. The charge
shall be paid before the City will turn on the water service and before the City will activate a water
service account. The charge shall be shown on the Utility Service Request form. For multiple
services, the water system development charge shall be due for each water service that is
activated.
Meter Size Water SDC
3/4" $1,059 +,e49
1" $1,800 +,-i'-8a
1 %i' $3,491 3;459
2" $5,6085;55i"
3" $10,5814B;486
4" $21,1602&;9f+
6" $44,11243;-t48
8" $83,6828r,W5
1011 $128,031 126,889
3.62.020 Sewer System Development Charges: A system development charge (SDC) shall be assessed
on all properties, in the amount shown below, that connectto the City's sewer system. The charge
shall be paid prior to discharging into the City's sewer system. The charge shall be shown on the
Utility Service Request form. For properties with multiple water services, the sewer system
development charges shall be due for each water service that is activated; except that sewer
system development charges shall not be due for water services that are irrigation only services.
Water Meter Size to Property Sewer SDC
3/4" $3743'fB
1" $637634-
1%" $1 232 +,rrt
2" $1 982 +,964
3" $37353;TB4
4" $7 470 't-;46a
6" $15 573 +5:4a4
Water Meter Size to Property SewerSDC
8" $29,539~
10" $45,219~
3.62.021 Rate Indexing: Water and sewer system development charges shall be revised after 2009 and
every year thereafter by an amount equal to the increase in the All Urban Consumers, All West
BIC City Average, December to December, Consumer Price Index (CPI). The increase shall be
rounded up to the next $1.00 increment. The increases shall be computed by the Municipal
Services FiABAee Department and confinmed by City Council action at a regular City Council
meeting. The rate increases will be effective on July 15 dttii€-4foliowing the City Council approval.
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 June 28, 2011.
Jon Lane, Mayor
ATTEST:
Ronald R. Cone, Finance Director
APPROVED AS TO FORM:
Katherine L. Kenison, City Attorney
June 21, 2011
Honorable Mayor and
Moses Lake City Council
Dear Council Members
'----,-----'
CITY OF
MOSES LAKE
Attached is a proposed ordinance granting a franchise to Northland Cable Television, Inc.
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 Northland Cable Television expires on March 31, 2012.
Northland has been requesting a new franchise. Therefore, I am providing this proposed
ordinance granting the franchise to Northland Cable. This franchise is for a 10 year period
and will expire on March 31, 2022.
The proposed ordinance is presented to you for consideration. This is the seond reading
of the ordinance.
Respectfu lIy su itted
JKG:jt
City Manager 766~9201. City Attorney 766~9203· Community Development 766~9235 • Finance 766~9249 • Fire 765-2204
Municipal Services 766~9217 • Municipal Court 766~9201 • Parks & Recreation 766~9240 • Police 766~9230 • Fax 766~9392
401 S. Balsam St .• P.O. Box 1579 • Moses Lake, WA 98837-0244 • Phone: (509) 766-9214 • www.ci.moses-lake.wa.us
ORDINANCE NO. 2620
AN ORDINANCE GRANTING A FRANCHISE TO NORTHLAND CABLE TELEVISION,
INC. 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 ORDAINS AS FOLLOWS:
Section 1. Findings: Northland Cable Television, Inc., DBA Northland Cable Television ("Northland"
or "Grantee") desires to operate a cable system in the rights-of-way of the City of Moses Lake
("City" or "Grantor"). Negotiations between Northland 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 Northland Cable Television, Inc. 2002
Franchise (this "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 Term
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
SECTION 3. FRANCHISE FEE AND FINANCIAL CONTROLS
3.1 Franchise Fee
3.2 Payments
3.3 Acceptance of Payment and Recomputation
3.4 Monthly Reports
3.5 Annual Reports
3.6 Audits
3.7 Interest on Late Payments
3.8 Alternative Remedies
3.9 Additional Commitments Not Franchise Fees
3.10 Costs of Publication
3.11 Tax Liability
3.12 Payment on Termination
SECTION 4. ADMINISTRATION AND REGULATION
4.1 Authority
4.2 Rates and Charges
4.3 Rate Discrimination
ORDINANCE NO.
PAGE 2
4.4 Filing of Rates and Charges
4.5 Time Limits Strictly Construed
4.6 Performance Evaluation Sessions
SECTION 5. FINANCIAL AND INSURANCE REQUIREMENTS
5.1 Insurance Requirements
5.2 Indemnification
5.3 Workman's Compensation Waiver
5.4 Performance Bond
SECTION 6. CUSTOMER SERVICE
6.1 Customer Service Standards
6.2 Subscriber Privacy
6.3 Local Office
6.4 Emergency Broadcast
SECTION 7. REPORTS AND RECORDS
7.1 Open Records
7.2 Confidentiality
7.3 Copies of Federal and State Documents
7.4 Complaint File and Reports
7.5 Inspection of Facilities
7.6 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 Community Programming Needs
8.6 Service for Disabled
SECTION 9. GENERAL STREET USE AND CONSTRUCTION
9.1 Construction
9.2 Location of Facilities
9.3 Relocation
9.4 Restoration of Streets
9.5 Maintenance and Workmanship
9.6 Reservation of Grantor Street Rights
9.7 Use of Conduits by Grantor
9.8 Street Vacation
9.9 Discontinuing Use of Facilities
9.10 Hazardous Substances
9.11 Undergrounding of Cable
9.12 Codes
9.13 Standards
SECTION 10. MEANS OF FRANCHISE TERM EXTENSION
10.1 Design
10.2 System Functionality
10.3 Timing of Construction
SECTION 11. TEST AND COMPLIANCE PROCEDURE
ORDINANCE NO.
PAGE 3
SECTION 12. SERVICE EXTENSION, CONSTRUCTION AND INTERCONNECTION
12.1 Equivalent Service
12.2 Service Availability
12.3 Connection of Public Facilities
SECTION 13. STANDBY POWER
SECTION 14. FRANCHISE VIOLATIONS; REVOCATION OF FRANCHISE
14.1 Procedure for Remedying Franchise Violations
14.2 Revocation
14.3 Removal
14.4 Receivership and Foreclosure
14.5 No Recourse Against Grantor
14.6 Nonenforcement by Grantor
14.8 Relationship of Remedies
SECTION 15. ABANDONMENT
15.1 Effect of Abandonment
15.2 What Constitutes Abandonment
SECTION 16. FRANCHISE RENEWAL AND TRANSFER
16.1 Renewal
16.2 Transfer of Ownership or Control
SECTION 17. SEVERABILITY
SECTION 18. MISCELLANEOUS PROVISIONS
18.1 Preferential or Discriminatory Practices Prohibited
18.2 Notices
18.3 Binding Effect
18.4 Authority to Amend
18.5 Governing Law
18.6 Guarantee
18.7 Captions
18.8 Construction of Franchise
18.9 Entire Franchise
18.10 Time is of the Essence
SECTION 1. DEFINITIONS: For the purposes of this Franchise and all exhibits attached hereto,
the following terms, phrases, words and their derivations shall have the meaning given herein.
When not 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 that
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" means the Cable Communications Policy Act of 1984 and the Cable Television
Consumer Protection and Competition Act of 1992 and any amendments thereto, including
ORDINANCE NO.
PAGE 4
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, and as
otherwise defined or permitted by the FCC from time to time.
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 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 Cable Act (47 U.S.C. 201 et seq.), except that such facility
shall be considered a Cable System to the extent such facility is used in the transmission of
Cable Service directly to Subscribers; (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 or any successor agency thereto.
1.10 "Franchise" means the non-exclusive and revocable authorization or renewal thereof for the
construction, operation, upgrade, rebuild or maintenance of a Cable System within the
Franchise Area such as is granted by this Ordinance, whether such authorization is
designated as a franchise, license, resolution, contract, certificate, agreement or otherwise.
This Franchise is an agreement between the City of Moses Lake and Northland.
1.11 "Franchise Area" means the area within the jurisdictional boundaries of the City of Moses
Lake, Grant County, Washington, including any areas annexed by Grantor during the term
of this Franchise.
1.12 "Grantee" means Northland Cable Television, Inc. DBA Northland Cable Television or its
lawful successors and assigns.
1.13 "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, 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 to Grantee from the operation of its Cable System to provide Cable Service
ORDINANCE NO.
PAGE 5
within the Franchise Area. "Gross Revenues" shall not include Subscriber leased or
purchased equipment related to Cable Service reception, advertising sales, customer 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.
1.14 "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.
1.15 "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 Franchise.
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 (dedicated for compatible uses), 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 serving the Franchise Area.
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. Grantor hereby grants to Grantee a nonexclusive and revocable authorization to make
reasonable and lawful use of the Streets within the Franchise Area to construct, operate,
maintain, reconstruct, replace, upgrade and repair a Cable System for the purpose of
providing Cable Services subject to the terms and conditions set forth in this Franchise.
B. This Franchise is intended to convey limited rights and interests only as to those Streets
in which the Grantor may lawfully convey such rig hts and interests. It is not a warranty
of title or interest in any right-of-way; it does not provide the Grantee any interest in any
ORDINANCE NO.
PAGE 6
particular location within the right-of-way; and it does not confer rights other than as
expressly provided in the grant hereof. This Franchise does not deprive the Grantor of
any powers, rights or privileges it now has, or may later acquire in the future, to use,
perform work on or to regulate the use of and to control the Grantor's Streets covered
by this Franchise, including without limitation the right to perform work on its roadways,
right-of-way or appurtenant drainage facilities, including constructing, altering, paving,
widening, grading, or excavating thereof.
C. This Franchise is subject to the general lawful police power of Grantor affecting matters
of municipal concern and not merely existing contractual rights of Grantee. Nothing in
this Franchise shall be deemed to waive the requirements of the other codes and
ordinances of general applicability enacted by Grantor.
D. This Franchise authorizes Grantee to engage in providing Cable Service. This Franchise
shall not be interpreted to prevent the Grantor from imposing additional conditions,
including additional compensation conditions for use ofthe rights-of-way should Grantee
provide service other than Cable Service. However, this Franchise shall not be read as
a concession by Grantee that it needs authorization to provide service other than Cable
Service.
E. Grantee promises, as a condition of exercising the privileges granted by this Franchise,
Grantee will comply with the terms and conditions of this Franchise.
2.2 Use of Public Streets and Ways: Subject to Grantor's supervision and control, Grantee may
erect, install, construct, repair, replace, reconstruct, and retain in, on, over, under, upon,
across, and along the public Streets within the Franchise Area such wires, cables,
conductors, ducts, conduits, vaults, amplifiers, pedestals, attachments and other property
and equipment as are necessary and appurtenant to the operation of a Cable System for the
provision of Cable Service within the Franchise Area. Grantee shall comply with all applicable
construction codes, laws, ordinances, regulations and procedures, must obtain any and all
necessary permits from the Public Works Department prior to commencing any construction
activities. Grantee, through this Franchise, is granted extensive and valuable rights to
operate its Cable System for profit using the streets within the Franchise Area in compliance
with all applicable Grantor construction codes and procedures. As trustee for the public,
Grantor is entitled to fair compensation to be paid for these valuable rights throughout the
term of this Franchise.
2.3 Duration:
A. The term of this Franchise and all rights, privileges, obligations and restrictions
pertaining thereto shall be from the effective date of this Franchise through March 31,
2022.
B. If Grantee successfully completes an upgrade as set forth in Section 10, and if such
upgrade is confirmed by the City, which confirmation will not be unreasonably withheld,
then Grantee shall be entitled to an automatic five (5) year extension of the Franchise
term (that is, through March 31, 2017).
2.4 Effective Date: The effective date of this Franchise shall be April 1, 2012, unless Grantee
fails to file an unconditional written acceptance of this Franchise and post the security
required by Section 5.3 hereof by April 30, 2010, in which event this Franchise shall be null
and void, and any and all rights of Grantee to own or operate a Cable System within the
Franchise Area under this Franchise are hereby terminated.
ORDINANCE NO.
PAGE?
2.5 Franchise Nonexclusive: This Franchise shall be nonexclusive, and is subject to all prior
rights, interests, agreements, permits, easements or licenses granted by Grantor to any
Person to use any Street, right-of-way, easement, or property for any purpose whatsoever,
including the right of Grantor to use same for any purpose it deems fit in connection with its
exercise of lawful police power. Grantor may at anytime grant authorization to use the public
rights-of-way for any purpose not incompatible with Grantee's authority under this Franchise
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: 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 to enter into the Grantor's Streets for the purpose of constructing or operating a
Cable System or providing Cable Service to any part of the Franchise Area or is required to
extend Cable Service to under the provisions of Section 11.2 of this Franchise, 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.
2.7 Police 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. Provided however, in the event of conflicts between provisions of this
Franchise and other ordinances of the Grantor, the terms of this Franchise shall prevail
except as to health and safety issues.
2.8 Relations to Other Provisions of Law: This Franchise 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 all
applicable law. This Franchise does not confer rights or immunities upon the Grantee other
than as expressly provided herein. 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.
2.9 Effect of Acceptance: By accepting this Franchise, the Grantee: (1) acknowledges and
accepts the Grantor's legal right to issue and enforce this Franchise; (2) accepts and agrees
to comply with each and every provision of this Franchise; and (3) agrees that its will not
raise any claim to the contrary.
SECTION 3. FRANCHISE FEE AND FINANCIAL CONTROLS
3.1 Franchise Fee: As compensation for the benefits and privileges granted under this Franchise
and in consideration of permission to use Grantor's Streets, Grantee shall pay as a Franchise
fee to Grantor, throughout the duration of this Franchise, an amount equal to five percent
(5%) of Grantee's Gross Revenues. Accrual of such Franchise fees shall commence as of
the effective date of this Franchise. 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. The City of Moses Lake, as of the date of the
adoption of this ordinance, assesses a three percent (3%) utility occupational tax against
cable subscription systems. The tax is subject to change.
ORDINANCE NO.
PAGE 8
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 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 Reports: Grantee shall, no later than one hundred twenty (120) days after the end of
each calendar year, furnish to the City a statement stating the total amount of gross revenues
and all payments, deductions, and computations for the period covered by the payments.
Such statement shall be reviewed and certified by an officer of Grantee prior to submission
to the City.
3.6 Audits: On an annual basis, upon thirty (30) days' prior written notice, at Grantor's sole cost
and expense (except as expressly provided below), Grantor shall have the right to conduct
an independent audit during normal business hours of Grantee's records reasonably related
to the administration or enforcement of this Franchise, 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 copies of all
necessary records to the certified public accountant. If the audit shows that Franchise fees
have been underpaid by five percent (5%) or more, Grantee shall pay the reasonable fees
of the independent certified public accountant within thirty (30) days from receipt of the audit
results. If such audit reflects an overpayment, Grantor refund such overpayment to Grantee
within thirty (30) days of the audit results. Any such audit shall take place within thirty-six (36)
months fOllowing the respective calendar year and for records thereof in question.
3.7 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.
3.8 Alternative Remedies: If any Section, subsection, paragraph, term or provision of this
Franchise 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.
3.9 Additional Commitments Not Franchise Fees: No term or condition in this Franchise 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 Franchise (e.g. business license fee) 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 Franchise fees as defined under any federal law, nor are they to be offset or
credited against any Franchise fee payments due to Grantor.
ORDINANCE NO.
PAGE 9
3.10 Costs of Publication: Grantee shall pay the reasonable cost of newspaper notices and
publication pertaining to this Franchise and any amendments thereto, as such notice or
publication is reasonably required by Grantor or applicable law.
3.11 Tax Liability: Payment of the franchise fees under this franchise 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 lawfully imposed by the City.
3.12 Payment on Termination: If this Franchise terminates for any reason, the Grantee shall file
with the City within ninety (90) calendar days of the date of the termination, a financial
statement, certified by a declaration or affidavit of an officer of the Grantee, showing the
Gross Revenues received by the Grantee since the end of the previous fiscal year. The City
reserves the right to satisfy any remaining financial obligations of the Grantee to the City by
utilizing the funds available pursuant to security provided by the Grantee in accordance with
Section 5.
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 Franchise 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, farnilial, ethnic or
national origin, religion, age, sex, sexual orientation, marital, military or econornic status, or
physical or mental disability, or geographic location in the Franchise Area. Grantee shall
provide equivalent Cable Service to all Residential Subscribers at sirnilar 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
prornotional campaigns;
B. The offering of reasonable discounts to senior citizens or econornically disadvantaged
citizens;
C. Grantee from establishing different and nondiscrirninatory rates and charges and classes
of service for comrnercial customers, as well as different nondiscrirninatory monthly rates
for classes of comrnercial custorners 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.
ORDINANCE NO.
PAGE 10
4.4 Filing of Rates and Charges:
A. Upon written request, not more frequent than monthly, Grantee shall provide to Grantor
a complete schedule of applicable rates and charges for Cable Service provided under
this Franchise. Nothing in this subsection shall be construed to require Grantee to file
rates and charges under 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 written or faxed 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.
4.5 Time Limits Strictly Construed: Whenever this Franchise 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
Franchise and sufficient grounds for Grantor to invoke any relevant provision of this
Franchise, subject to the notice and cure provisions of Section 14. However, in the event that
Grantee is prevented or delayed in the performance of any of its obligations under this
Franchise by reason beyond the reasonable control of Grantee, such as acts of God (for
example, floods, tornadoes, earthquakes, power outages, strikes or walkouts, technical
failures 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 Franchise or procure a substitute for
such obligation which is reasonably 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. City may hold upon no less than ninety (90) days written notice to Grantee and no more
frequently than once per calendar year regular performance evaluation sessions upon
the sixty (60) and one hundred twenty (120) month anniversary dates of the effective
date of this Franchise. All such evaluation sessions shall be conducted by City and
Grantee jointly.
B. Special evaluation sessions may be held at any time by City during the term of this
Franchise upon the same notice as specified in Subsection (A).
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 performance evaluation session, Grantee shall submit to the City a plant
survey report, or map, reasonably acceptable to the City which includes a description of
the portions of the Franchise Area that are cabled and have all Cable Services available,
including those areas where the system has been upgraded pursuant to Section 10 of
this Franchise if so requested by the City. Such report shall also include the number of
miles and location of overhead and underground cable plant. If the City has reason to
believe that a portion or all of the Cable System does not meet the applicable FCC
technical standards, the City, at its expense, retains the right to appoint a qualified
independent engineer to evaluate and verify the technical performance of the Cable
ORDINANCE NO.
PAGE 11
System; provided, Grantor promptly provides Grantee with a copy of such report, at
Grantee's cost, and that Grantee has a representative present during any such
evaluation and verification.
F. During evaluations under this Section, Grantee shall cooperate with City and shall
provide such information and documents that have been filed with the FCC within the
most recent three year period.
SECTION 5. FINANCIAL AND INSURANCE REQUIREMENTS
5.1 Insurance Requirements:
A. General Requirement. Grantee must have adequate insurance during the entire term of
this Franchise to protect against claims for injuries to Persons or damages to property
which in any way relate to, arise from, or are connected with this Franchise or involve
Grantee, its agents, representatives, contractors, subcontractors and their employees.
B. Initial Insurance Limits. Grantee must keep insurance in effect in accordance with the
minimum insurance limits herein set forth by the Grantor from time to time. The Grantee
shall obtain policies for the following initial minimum insurance limits:
1. Commercial General Liability: Two-million dollars ($2,000,000) combined single limit
per occurrence for bodily injury, personal injury, and property damage, and forthose
policies with aggregate limits, a two-and-one-half million dollars ($2,500,000)
aggregate limit;
2. Automobile Liability: Two-million dollars ($2,000,000) combined single limit per
accident for bodily injury and property damage; and
3. Employer's Liability: Two-million dollars ($2,000,000).
5.2 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 (the
"Claims") solely to the extent the Claims arise out of Grantee's or Grantee's agent's
negligent acts or negligent omissions; provided, however, the Grantee will not be
obligated to indemnify Grantor or its officers, commissions, agents, or employees should
Grantor intervene in any proceeding regarding the grant ofthis Franchise. This indemnity
provision shall include damages and liabilities, if and to the extent such damages and
liabilities are a result of Grantee's or Grantee's agent's negligent acts or negligent
omissions.
B. Duty to Give Notice and Tender Defense. The Grantor shall give the Grantee written
notice within five (5) days of receiving any claim or of the commencement of any action,
suit or other proceeding covered by the indemnity in this Section. Failure of Grantor to
provide such notice shall result in waiver of Grantee's indemnification obligations with
respect to such action; suit or other proceeding otherwise covered by the indemnity in
this Section. In the event any such claim arises, the Grantor or any other indemnified
party, as defined by this Franchise, 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
ORDINANCE NO.
PAGE 12
accept or decline the tender within ten (10) days of its receipt of the written notice
described above. In the event that the Grantee declines defense of the claim in violation
of this Section 5.2, the Grantor may defend such claim and seek recovery from Grantee
its reasonable expenses for attorneys' fees and other expenses, including expert witness
fees, incurred by Grantor for defense and in seeking such recovery.
5.3 The provisions of Section 5.2 shall apply to claims by Grantee's own employees and the
employees of Grantee's agents, representatives, contractors, and subcontractors to which
Grantee might otherwise be immune under Title 51 RCW. This waiver of immunity under Title
51 RCW has been mutually negotiated by the parties hereto, and Grantee acknowledges that
the City would not enter into this Franchise without Grantee's waiver thereof.
5.4 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 offifteen thousand dollars ($15,000) 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 fifteen thousand dollars ($15,000) or the amount of franchise fees paid in the
sixtieth month.
SECTION 6. CUSTOMER SERVICE
6.1 Customer Service Standards: The Grantee shall reasonably meet or exceed any customer
service standards adopted by the FCC so long as they are commercially reasonable.
6.2 Subscriber Privacy: Grantee will comply with privacy rights of Subscribers in accordance
with federal and state law.
6.3 Local Office: Throughout the Franchise term, the Grantee must maintain, at a minimum, one
(1) customer service center located in Grant County within ten miles of Moses Lake's city
limits which will be open during normal business hours to provide Subscribers the opportunity
for the receipt and pickup of Subscriber equipment and for bill payments and complaints.
Grantee shall maintain telephones and other equipment so that customer complaints and
service requests can be received by Grantee on a 24-hour basis at a tOil-free telephone
number.
6.4 Emergency Broadcast: The Grantee shall cooperate to the extent required by FCC rule or
the Cable Act with Grant County Emergency Services (GCES) or its successor agency to
accommodate Emergency Alert System information or other information the GCES deems
appropriate to be broadcast overthe Grantee's system compatible with Grantee's equipment.
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, which are reasonably related and
necessary to the administration or enforcement of the terms of this Franchise. 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 Franchise. 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
ORDINANCE NO.
PAGE 13
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 rnade available in copies to City upon written request as set forth
above, and if City reasonably 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 Franchise, 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.
B. Grantee shall at all times maintain and allow City reasonable access and the right to
review a full and complete set of plans, records and "as built" maps in the Grantee's
possession showing the exact location of all Cable System equipment installed or in use
in the Franchise Area, exclusive of electronics, Subscriber drops and equipment
provided in Subscribers' homes. These maps shall be maintained in a standard format
and medium agreed upon by the City and the Grantee.
7.2 Confidentiality: City agrees to treat as confidential any books and records that constitute
proprietary or confidential information underfederal 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 document 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. 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: 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: Grantor may, at its own cost and expense, inspect upon reasonable
written request any of Grantee's facilities and equipment to confirm performance under this
Franchise at any time upon at least five (5) business days 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 Franchise may be deemed a material violation of this Franchise and
may subject Grantee to all remedies, legal or equitable, which are available to City under this
Franchise or otherwise.
SECTION 8. PROGRAMMING
8.1 Broad Programming Categories:
A. Grantee's Cable System shall provide a wide diversity of programming. Grantee shall
provide at least the following broad categories of programming to the extent such
categories are commercially reasonably available:
ORDINANCE NO.
PAGE 14
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.
C. The parties expressly agree that the programming described in Section 8.1 (A) represent
broad categories of video programming within the meaning of 47 U.S.C. 544(b) (2) (B),
as may be amended from time to time.
8.2 Parental Control Device: Upon request by any Subscriber, Grantee shall make available a
parental control or lockout device; traps or filters to enable a Subscriber to control access to
both the audio and video portions of any or all Channels. Grantee shall inform its Subscribers
of the availability of the lockout device at the time of their initial subscription and annually
thereafter.
8.3 Leased Access Channels: Grantee shall comply with the FCC's rules and regulations
regarding Leased Access Channels.
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 and Grantee
continues to serve the Franchise Area. Subject to the force majeure provisions of this
Franchise, Grantee shall use commercially reasonable 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 Franchise, Grantee shall reasonably cooperate
with Grantor and such new Cable Operator in maintaining continuity of service to all
Subscribers.
8.5 Community Programming Needs: Atthe written request of the Mayor, but no more than twice
during the term of this Franchise, ninety (90) days after a Performance evaluation session
as provided in Section 4.6, the Grantee may furnish to all Subscribers along with their
monthly service statement, a list of broad categories of programming, and other services
available to Grantee. The menu may be in the format of a mail back survey for determination
of the Subscriber's programming preference. The results of the survey are to be provided the
City as soon as commercially practical by the Grantee with any proposed change(s) in
programming.
8.6 Service for Disabled: To the extent technically feasible and in accordance with FCC
requirements, Grantee shall retransmit all closed-captioned signals made available by
programmers in conjunction with programming in its line-up and which are provided in order
to facilitate viewing by handicapped persons. Grantee shall comply with the Americans with
ORDINANCE NO.
PAGE 15
Disabilities Act, any amendments thereto and any other applicable federal, state or local laws
or regulations. To the extent technically feasible and in accordance with FCC requirements,
Grantee shall maintain the necessary head-end equipment to make Second Audio Program
(SAP) features available to Subscribers. Grantee's obligations under this subsection do not
extend to providing customer premises equipment.
SECTION 9. GENERAL STREET USE AND CONSTRUCTION
9.1 Construction:
A. Subject to applicable laws, regulations and ordinances of Grantor and the provisions of
this Franchise, Grantee may perform all construction necessary for the operation of its
Cable System. All construction and maintenance of any and all facilities within Streets
incident to Grantee's Cable System shall, regardless of who performs the construction,
be and remain Grantee's responsibility. Grantee shall apply for, and obtain, all permits
necessary for construction or installation of any facilities, and for excavating and laying
any facilities within the Streets. Grantee shall pay, prior to issuance, all applicable fees
of the requisite construction permits.
B. Prior to beginning any construction, Grantee shall provide Grantor with a construction
schedule for work in the Streets. All construction shall be performed in compliance with
this Franchise. When obtaining a permit, Grantee shall inquire about other construction
currently in progress, planned or proposed, in order to investigate thoroughly all
opportunities for joint trenching or boring. Whenever it is possible and reasonably
practicable to joint trench or share bores or cuts, Grantee shall work with other providers,
licensees, permittees and franchisees so as to reduce as far as possible the number of
Street cuts.
9.2 Location of Facilities: Grantee shall use the one call locator service prior to performing any
excavation in the Grantor's Streets.
9.3 Relocation: Grantor shall have the right to reasonably require Grantee to change the location
of any part of Grantee's Cable System within the Streets when the public convenience
requires such change, and the expense thereof shall be paid by Grantee. Should Grantee
fail to remove or relocate any such facilities by the date reasonably established by Grantor,
Grantor may effect such removal or relocation, and the expense thereof shall be paid by
Grantee, including all reasonable costs and expenses incurred by Grantor due to Grantee's
delay. If Grantor requires Grantee to relocate its facilities located within the Streets, Grantor
shall make a reasonable effort to provide Grantee with an alternate location within the
Streets.
9.4 Restoration of Streets:
A. Whenever Grantee disturbs the surface of any Street for any purpose, Grantee shall
promptly restore the Street to at least its prior condition.
B. All of Grantee's work under this Franchise, and this Section in particular, shall be done
in strict compliance with this Franchise rules, regulations and ordinances of Grantor.
Prior to making any Street or right-of-way cuts or openings, Grantee shall provide written
notice to Grantor.
ORDINANCE NO.
PAGE 16
9.5 Maintenance and Workmanship:
A. Grantee's Cable System shall be constructed and maintained in such manner as not to
interfere with sewers, water pipes, or any other property of Grantor, or with any other
pipes, wires, conduits, pedestals, structures, equipment or other facilities that may have
been laid in the Streets by, or under, Grantor's authority.
B. Grantee shall provide and use any equipment necessary to control and carry Grantee's
Cable System signals so as to prevent injury to Grantor's property or property belonging
to any Person. Grantee, at its own expense, shall repair, change and improve its facilities
to keep them in good repair, and safe and reasonably presentable condition.
9.6 Reservation of Grantor Street Rights: Nothing in this Franchise shall prevent Grantor or
utilities owned, maintained or operated by public entities other than Grantor, from
constructing sewers; grading, paving, repairing or altering any Street; repairing or removing
water mains; or constructing or establishing any other public work or improvement. All such
work shall be done, insofar as practicable, so as not to obstruct, injure or prevent the use and
operation of Grantee's Cable System. However, if any of Grantee's Cable System interferes
with the construction or repair of any Street or public improvement, including construction,
repair or removal of a sewer or water main, Grantee's Cable System shall be relocated in
accordance with 9.3.
9.7 Use of Conduits by Grantor: The Grantee and the City shall grant to each other, free of
expense, joint use of any and all poles, ducts, conduits or equipment in the streets or other
public places owned by either party for any proper purpose, insofar as the same may be
done without interfering with the use and enjoyment of either party's own wires and other
facilities and provided that all such joint use shall be in full compliance with all rules,
regulations, reqUirements and conditions of the National Electrical Safety Code prepared by
the National Bureau of Standards, the National Electrical Code of the National Board of Fire
Underwriters affecting electrical installations which may be presently in effect or future
amendments thereto as well as being subject to the City's obligations to any other franchise
holder with which it may have a similar joint use agreement. Additionally, the City may install
or affix and maintain wires and equipment owned by the City for municipal purposes in or
upon Grantee's equipment in the Streets and other public places without charge to the City,
to the extent space therein or thereon is reasonably available, and pursuant to all applicable
City Ordinances and Codes. For the purposes of this Subsection 9.7, "municipal purposes"
includes, but is not limited to, the use of the structures and installations by Grantor for fire,
police, traffic, water, telephone, or signal systems, but not for Cable System purposes in
competition with Grantee. Grantee shall not deduct the value of such use of its facilities from
its Franchise fees payable to Grantor.
9.8 Street Vacation: If any Street or portion thereof used by Grantee is vacated by Grantor
during the term of this Franchise, unless Grantor specifically reserves to Grantee the right
to continue its installation in the vacated Street, Grantee shall with thirty (30) day written
notice and without expense to Grantor either remove its facilities from such streets and
restore street in accordance with 9.4 or negotiate an arrangement with the owner or controller
of the vacated Street apart from this Franchise.
9.9 Discontinuing Use of Facilities: Whenever Grantee discontinues using any facility within the
Streets, Grantee shall provide written notice to Grantor's with a complete description of the
facility and the date on which Grantee intends to discontinue using the facility. Grantee may
remove the facility or request that Grantor allow it to remain in place. Notwithstanding
Grantee's request that any such facility remain in place, Grantor may require Grantee to
remove the facility from the Street or modify the facility to protect the public health, welfare,
ORDINANCE NO.
PAGE 17
safety, and convenience, or otherwise serve the public interest. Grantor may require Grantee
to perform a combination of modification and removal of the facility. Grantee shall complete
such removal or modification in accordance with a schedule approved by Grantor. Until such
time as Grantee removes or modifies the facility, or until the rights to and responsibility for
the facility are accepted by another Person having authority to construct and maintain such
facility, Grantee shall be responsible for all necessary repairs and relocations of the facility,
as well as maintenance of the Street, in the same manner and degree as if the facility were
in active use, and Grantee shall retain all liability for such facility. If Grantee abandons its
facilities, Grantor may choose to use such facilities for any purpose whatsoever including,
but not limited to, public, governmental or educational purposes. For purposes of this
Section 9.9, "abandons" shall have the meaning set forth in Section 15.1 of this Franchise.
9.10 Hazardous Substances:
A Grantee shall comply with all applicable local, state and federal laws, statutes,
regulations and orders concerning hazardous substances relating to Grantee's Cable
System in the Streets.
B. Grantee shall maintain and inspect its Cable System located in the Streets. Upon
reasonable written notice to Grantee, Grantor and Grantee may jointly inspect Grantee's
facilities in the Streets to determine if any release of hazardous substances has
occurred, or may occur, from or related to Grantee's Cable System. In removing or
modifying Grantee's facilities as provided in this Franchise, Grantee shall also remove
all residues of hazardous substances related thereto.
9.11 Undergrounding of Cable:
A. Wiring:
1. Where electric, telephone or other utility or other third party wiring is installed
underground at the time of Cable System construction, or when such wiring is
subsequently placed underground, all Cable System lines or wiring and equipment
shall also be placed underground on a nondiscriminatory basis with other wire line
service at no additional expense to the Grantor. Related Cable System equipment
such as pedestals must be placed in accordance with applicable Code requirements
and underground utility rules as reasonably interpreted by the Grantor's Director of
Public Works. In areas where electric, telephone or other utility or other third party
wiring is aerial, the Grantee may install aerial cable, except when a property owner
or resident requests underground installation and agrees to bear and pre-pay the
additional cost in excess of aerial installation.
2. The Grantee shall utilize existing poles and conduit wherever commercially
reasonable.
3. This Franchise does not grant, give or convey to the Grantee the right or privilege
to install its facilities in any manner on specific utility poles or equipment or any other
Person without their permission except to the extent permitted under applicable
federal and state law.
B. Repair and Restoration of Property:
1. The Grantee shall protect public and private property from damage by its Cable
System. If damage occurs the Grantee shall promptly notify the property owner
ORDINANCE NO.
PAGE 18
within twenty-four (24) hours of its knowledge of such damage in writing or in
person.
2. If public or private property is disturbed or damaged by Grantee, the Grantee shall
restore the property to its former condition, normal wear and tear excepted. Public
right-of-way shall be repaired and restored in accordance with Section 9.4. Private
property must be restored promptly, considering the nature of the work that must be
performed and in no event later than five (5) business days.
3. Prior to entering onto private property to construct, operate or repair its Cable
System where the property owner has not requested such construction, operation
or repair, Grantee shall give the Person residing on or using the property adequate
written notice (such as a door hanger which clearly identifies the anticipated
construction) that it intends to work on the property, a description of the work it
intends to perform and a name and phone number the Person can call to protest or
seek modification of the work. Work shall be done in a manner that causes the least
interference with the rights and reasonable convenience of property owners,
residents and users.
C. Movement of Cable System For and By Grantor: To the extent necessary, the Grantor
may remove, replace, modify or disconnect Grantee's facilities and equipment located
in the public right-of-way or on any other property of the Grantor in the case of fire,
disaster, or other emergency, or when a project or activity of the Grantor's makes the
removal, replacement, modification or disconnection necessary or less expensive for the
Grantor. Except during an emergency, the Grantor shall provide reasonable written
notice to Grantee prior to taking such action and shall provide Grantee with reasonable
opportunity to perform such action. Following notice by the Grantor, Grantee shall
remove, replace, modify or disconnect any of its facilities or equipment within any public
right-of-way, or on any other property of the Grantor, except that the Grantor shall
provide at least sixty (60) days' written notice of any major capital improvement project
which would require the removal, replacement, modification or disconnection of
Grantee's facilities or equipment. If the Grantee fails to complete this work within the time
prescribed and to the Grantor's reasonable satisfaction, the Grantor may cause such
work to be done and bill the cost of the work to the Grantee. Within thirty (30) days of
receipt of an itemized list of those reasonable costs, the Grantee shall pay the Grantor.
D. Movement for Other Franchise Holders: If any removal, replacement, modification or
disconnection is required to accommodate the construction, operation or repair of the
facilities or equipment of another Franchise holder, Grantee shall, after at least thirty (30)
days' advance written notice, take action to effect the necessary changes requested by
the responsible entity at the responsible entity's sole and pre-paid cost and expense.
E. Movement for Other Permittees: At the request of any Person holding a valid permit and
upon reasonable advance notice, Grantee shall temporarily raise, lower or remove its
wires as necessary to permit the moving of a building, vehicle, equipment or other item.
The permit holder must pay the expense of such temporary changes, and Grantee may
require a reasonable deposit of the estimated payment in advance.
F. Tree Trimming: Subject to acquiring prior written permission of the City, the Grantee
shall have the authority but not the obligation to trim trees that overhang a public right-of-
way of the City so as to prevent the branches of such trees from coming in contact with
its Cable System, in accordance with applicable codes and regulations and accepted
ORDINANCE NO.
PAGE 19
professional tree trimming practices; provided that in an emergency situation Grantee
may trim trees to protect its facilities in which circumstance written notice of that the
trimming occurred shall be delivered to Grantor.
9.12 Codes: Grantee shall strictly adhere to all building and zoning codes in effect at the time of
applicable construction. Grantee shall arrange its lines; cables and other appurtenances, on
both public and private property, in such a manner as to not cause unreasonable interference
with the use of said public or private property by any Person. In the event of such
interference, Grantor may require the removal or relocation of Grantee's lines, cables and
other appurtenances from the property in question.
9.13 Standards:
A. All work authorized and required hereunder shall be done in a safe, thorough and
workmanlike manner. The Grantee must comply with all safety requirements, rules and
practices and employ all necessary devices as required by applicable law during
construction, operation and repair of its Cable System. By way of illustration and not
limitation, the Grantee must comply with the National Electric Code, National Electrical
Safety Code and Occupational Safety and Health Administration (OSHA) Standards.
B. Grantee shall ensure that the drops are properly bonded to the electrical power ground
at the home, consistent with the requirements of the National Electric Code and the
National Electrical Safety Code. All non-conforming or non-performing drops shall be
replaced by Grantee as necessary.
SECTION 10. MEANS OF FRANCHISE TERM EXTENSION
10.1 Design.
A. Grantee has determined that an appropriate design plan for Cable System upgrade in
the Franchise Area will include the following components, which Grantee will provide and
construct, in order to take advantage of the five (5) year automatic extension of the
Franchise term as provided in Section 2.3 hereof:
1. The System will utilize hybrid fiber/coax architecture. This will utilize deployment of
fiber optic cable throughout those portions of the System to be upgraded. The
upgraded plant will tie into a hybrid fiber/coaxial Cable System already serving
Subscribers.
2. The System will serve no more than 1,500 customers per fiber node.
3. All active electronics will be at minimum 550 MHZ capable equipment.
4. All passive devices will pass a minimum bandwidth of 550 MHZ.
5. Upon completion of the upgrade, the Cable System shall be capable of delivering
at least seventy-seven (77) analog and/or digital Channels of video programming
services to Subscribers.
6. As designed, upgraded and maintained, the facilities and equipment on the Cable
System must be able to deliver high quality signals that meet, or exceed, FCC
technical quality standards. The upgrade shall be completed on or before the end
of the seventh (7) year of the current ten (10) year term. The upgraded Cable
System will be capable of supporting addressable equipment throughout the System
ORDINANCE NO.
PAGE 20
and shall enable the provision of digitally compressed video services. Grantee's
upgraded Subscriber network shall, at all times, meet or exceed the minimum
system design and performance specifications required by the FCC.
10.2 System Functionality:
A. It is the intent of the parties to provide for a process that provides the Grantor with an
opportunity to confirm the Cable System design and functionality and ensure the Cable
System meets the specifications described herein. Grantee agrees that it shall provide
Grantor, upon written request, information that measures the relevant performance and
functionality criteria of the Cable System that is generated through the Grantee's
established assurance procedures.
B. At least sixty (60) days before the upgrade of the Cable System begins, Grantee shall
provide the Grantor with a proposed timeline for the upgrade and an opportunity to
review the proposed system design plan consistent with Grantee's obligations as
described in section 1 O(A) The Grantor shall indicate, in writing, to Grantee, within thirty
(30) days of the receipt and review of materials, as to any aspects of the timeline and/or
design plan Grantor believes are inconsistent with the requirements set forth herein in
Section 1 o (A) Grantee shall respond within thirty (30) days to the Grantor to resolve any
inconsistencies.
C. Grantee and Grantor may meet to discuss the progress' of the upgrade and work
cooperatively to speed the construction (e.g. by discussing any problems in obtaining
permits) and to minimize the impact upon Subscribers. At each meeting, Grantee will
provide a progress report on the upgrade detailing its progress in satisfying the
requirements of this Section.
D. Grantee will take prompt corrective action if it finds that ant facilities or equipment on the
Cable System are not operating as expected, or if it finds that facilities and equipment
do not comply with the requirements of this Franchise or applicable law.
10.3. Timing of Construction: Grantee's decisions on constructing plant for service from each hub
or node shall be based solely upon legitimate engineering decisions and cost analysis and
shall not take into consideration the income level of the Franchise Area.
SECTION 11. TEST AND COMPLIANCE PROCEDURES
Upon reasonable written 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. Representatives of Grantor may witness tests, and any written
test reports filed with the FCC may be made available to Grantor upon reasonable written 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 copies of the results of such tests that are filed with the FCC upon written request.
SECTION 12. SERVICE EXTENSION, CONSTRUCTION, AND INTERCONNECTION
12.1 Equivalent Service: It is Grantee's general policy that all residential dwelling units in the
Franchise Area served by Grantee's Cable System have equivalent availability to Cable
Service from Grantee's Cable System under nondiscriminatory rates and reasonable terms
and conditions.
ORDINANCE NO.
PAGE 21
12.2 Service Availability:
A. With respect to aerial line extensions, Grantee shall extend energized cable from any
existing terminus of trunk cable of its Cable System to any area in the City in which aerial
power and telephone utility services are available and which has a density of at least
eight (8) Dwelling Units along one-quarter (1/4) of a linear mile of cable, provided that
the Dwelling Unit nearest to the existing terminus of trunk cable of the Cable System is
situated no more than one-eighth (1/8) of a linear mile of cable from the existing terminus
of trunk cable of the Cable System.
B. With respect to underground line extensions, Grantee shall extend energized cable from
any existing terminus of trunk cable of its Cable System to any area in the City in which
underground power and telephone utility services are available and which has a density
of at least ten (10) Dwelling Units along one-quarter (1/4) of a linear mile of cable,
provided that the Dwelling Unit nearest to the existing terminus of trunk cable of the
Cable System is situated no more than one-eighth (1/8) of a linear mile of cable from the
existing terminus of trunk cable of the Cable System.
C. Construction of the line extensions required by subsection (A) and (B) above shall
commence within one hundred twenty (120) days after the (i) the determination of the
minimum densities as provided in such clauses and (ii) the receipt by Grantee of a
request for service to such a Dwelling Unit along with the associated first month's
payment for services and the applicable installation fees. As used in this Section 12.2,
the term "Dwelling Unit" shall mean a single-family or multi-family dwelling unit that (x)
is fully-constructed and capable of occupancy in accordance with applicable building,
housing and zoning codes, and (y) is situated along public easements to which Grantee
can gain access.
12.3 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 buildings in the Franchise Area owned
by Grantor, as designated by the Grantor on the attached Schedule A. 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 owned by the Grantor if the drop line to such
building does not exceed one-hundred twenty-five (125) cable feet from the terminus of trunk
cable of the Cable System or if Grantor agrees to pay the incremental cost of such drop line
in excess of one-hundred twenty-five (125) cable feet, including the cost of such excess labor
and materials. 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. The City shall be responsible for all costs of
such distribution of the Cable Service provided, to insure it is done in accordance with the
technical requirements of the industry to avoid an impact on Grantee's Cable System, and
any such distribution wiring shall be tested by Grantee to insure the expansion does not
impair the Grantee's Cable System.
SECTION 13. STANDBY POWER
Grantee shall provide standby power generating capacity at the Cable System Headend capable
of providing at least twelve (12) hours of emergency operation. Grantee shall maintain standby
power system supplies, for outages affecting more than 10% of Subscribers, rated for at least two
(2) hours duration, throughout the trunk and distribution networks. In addition, throughout the term
of this Franchise, Grantee shall have a plan in place, along with all resources necessary for
implementing such plan, for dealing with outages affecting more than 10% of Subscribers for more
ORDINANCE NO.
PAGE 22
than two (2) hours. This outage plan and evidence of requisite implementation resources shall be
presented to Grantor no later than ninety (90) days following the effective date of this Franchise.
SECTION 14. FRANCHISE VIOLATIONS; REVOCATION OF FRANCHISE
14.1 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:
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 this Section; and/or
ORDINANCE NO.
PAGE 23
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.
14.2 Revocation: In addition to all other rights and powers retained by the Grantor under this
Franchise or otherwise, and subject to the provisions of Section 14.1 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:
A. 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;
B. Attempt to evade any material provision of this Franchise or to practice any fraud or
deceit upon the Grantor or its Subscribers or customers;
C. Material misrepresentation of fact in the application for or negotiation of this Franchise;
or
D. If Grantee becomes insolvent, or the subject of a bankruptcy proceeding.
14.3 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 this 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.
ORDINANCE NO.
PAGE 24
14.4 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.
14.5 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 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.
14.6 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.
14.7 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 15. ABANDONMENT
15.1 Effect of Abandonment: If the Grantee abandons its Cable System serving the Franchise
Area during this Franchise term, the Grantor, at its option, may operate the Cable System
ORDINANCE NO.
PAGE 25
or designate another entity to operate the Cable System temporarily until the Grantee
restores service under conditions acceptable to the Grantor or until the Franchise is revoked
and a new Franchisee is selected by the Grantor.
15.2 What Constitutes Abandonment: The Grantor shall be entitled to exercise its options and
obtain any required injunctive relief if:
A. The Grantee fails to provide any Cable Service to 90% of its Subscribers in accordance
with this Franchise for more than twenty (20) consecutive business days, unless the
Grantor or designee authorizes a longer interruption of service which authorization shall
not be unreasonably withheld; or
B. For purposes of this Franchise, "abandons" shall mean the Grantee's intentional
surrender, desertion or relinquishment of its Cable System where Grantee fails to provide
any Cable Service to 100% of its Subscribers for a period of no less than ninety (90)
days.
SECTION 16. FRANCHISE RENEWAL AND TRANSFER
16.1 Renewal
A. The Grantor and Grantee agree that any proceedings undertaken by the Grantor that
relate to the renewal of Grantee's Franchise 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 law.
B. In addition to the procedures set forth in said Section 626(a) of the Cable Act, the
Grantor agrees to notify Grantee in writing within 90 days of the completion of its
assessments regarding the identification of future 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 informal negotiations regarding renewal of the then
current Franchise 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.
16.2 Transfer of Ownership or Control
A. This Franchise shall not be assigned or transferred, either in whole or in part, either by
involuntary sale or by voluntary sale, without the prior written consent of the Grantor,
which consent shall not be unreasonably withheld or delayed; provided, however,
Grantee may from time to time transfer and assign this Franchise to its lender(s) for
security purposes.
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
ORDINANCE NO.
PAGE 26
or group already owning at least a ten percent (1 0%) interest of the shares orthe general
partnership interest in the Grantee. Every change, transfer or 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 information requested in
accordance with the Cable Act and the FCC regulations promulgated thereunder.
Subject to the 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 in writing 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 written notice confirming 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 directly and
solely 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 Franchise by Grantee as
permitted by the Cable Act and the FCC's regulations promulgated thereunder.
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 Franchise 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 Franchise.
SECTION 17. SEVERABILITY
If any section, subsection, paragraph, term or provision of this Franchise 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 Franchise, all of which will remain
in full force and effect for the term of the Franchise.
SECTION 18. MISCELLANEOUS PROVISIONS
18.1 Preferential or Discriminatory Practices Prohibited: Grantee shall not discriminate in hiring,
employment or promotion on the baSis of race, color, creed, ethnic or national origin, religion,
age, sex, sexual orientation, marital status, or physical or mental disability. Throughout the
ORDINANCE NO.
PAGE 27
term of this Franchise, 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.
18.2 Notices: Throughout the term of the Franchise, 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 three (3) days after the date of mailing. At the effective date of this
Franchise, such addresses shall be:
Northland Cable Television, Inc.
1201 Third Avenue, Suite 3600
Seattle, WA 98101
With a copy to:
Northland Cable Television, Inc.
Post Office Box T
Moses Lake, WA 98837
Attention: System Manager
All notices to be sent by Grantee to Grantor under this Franchise shall be sent, postage
prepaid, and such notices shall be effective upon three (3) days after the date of mailing. At
the effective date of this Franchise, such address shall be:
City of Moses Lake
PO Drawer 1579
Moses Lake, WA 98834
Attention: City Manager
18.3 Binding Effect: This Franchise shall be binding upon the parties hereto, their permitted
successors and assigns.
18.4 Authority to Amend: This Franchise may be amended at any time by written agreement
between the parties.
18.5 Governing Law: This Franchise shall be governed in all respects by the laws of the State of
Washington.
18.6 Guarantee: The performance of the Grantee shall be guaranteed in all respects by the
Grantee until this Franchise expires, is terminated as provided herein or is assigned.
18.7 Captions: The captions and headings of this Franchise are for convenience and reference
purposes only and shall not affect in any way the meaning or interpretation of any provisions
of this Franchise.
18.8 Construction of Franchise: The provisions of this Franchise shall be liberally construed to
promote the public interest.
18.9 Entire Franchise: 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.
ORDINANCE NO.
PAGE 28
18.10 Force Manjeure: The performance of either party under this Franchise is excused for such
period of time as its performance is rendered impossible by acts of nature, war, terrorist
attacks, or labor disputes.
18.11 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.
Section 3. 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 June 28, 2011.
Jon Lane, Mayor
ATTEST:
Ronald R. Cone, Finance Director
APPROVED AS TO FORM:
Katherine L. Kenison, City Attorney
June 22, 2011
TO: City Manager
For Council Consideration
FROM: Municipal Services Director
SUBJECT: Sharrows -Share Lanes for Motorists and Bicyclists
The Trails and Planning Team propose sharrows, shared lanes, along Third Avenue, Fourth
Avenue, and, Balsam Street as shown on the attached map. The reasons that this route was
chosen were that it will link the new bike lanes on West Broadway A venue to the bike lanes on
East Broadway, Third Avenue and Fourth Avenue have four traffic lanes, and the speed limit is
20 to 25 mph.
Sharrows are used to link bicycle lanes when there is not enough right-of-way, the curb and
gutter are already built and the cost is prohibitive to widen the street, and when parking or traffic
lanes cannot be eliminated. Sharrows are allowed in the Uniform Manul of Traffic Devices
(MUTCD).
Establishing sharrows is another method to encourage people to ride their bicycles instead of
commuting by car. The shared lanes would be marked with chevrons symbols to let motorists
know that the lane is also a bicycle route and they should expect bicyclists. This would require
about 90 symbols to be painted in the traffic lane at a cost of approximately $15,000. The
project is not budgeted, however, there are sufficient funds in the Path and Trails Fund. This
would be a pilot proj ect to determine the effectiveness and acceptance by the public.
Staff is requesting direction for creating sharrows on this route.
lk",octfully Submittod, ~
-~~~~
Municipal Services Director
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Placed in the Parks and Recreation Summer Brochure
The Trails Planning Team (TPT) has been promoting a healthy lifestyle through safe pedestrian
and bicycle routes in and around the community of Moses Lake since 2001. In 2002, the TPT
produced a Master Plan for routes, trails, and paths. The Trails Planning Team identified several
routes that would benefit from the use of sharrows to improve bicycle riding for both recreation
and commuting.
The TPT in cooperation with the City of Moses Lake is proposing the use of sharrows on several
downtown streets to connect the new bike lanes on Broadway to the existing bike lanes on
Broadway extended. Sharrows provide visual identification for drivers that indicate bicyclists
may be present. Sharrows are a safe economical way for both cyclists and motor vehicles to
share the road.
1. What is a shared lane pavement marking or "sharrow"?
Sharrow is short-form for "shared lane pavement marking". This pavement marking includes a
bicycle symbol and two white chevrons.
2. What do these sharrow markings mean for cyclists?
Sharrows are used to indicate where cyclists should ride in a travel lane.
• For safety reasons, cyclists should ride three feet from the curb to avoid debris and
catch basin grates.
• In lanes that are too narrow for cyclists and motorists to travel side-by-side, cyclists should ride in the
center of the lane to discourage motorists from passing too closely.
• Where there is on-street parking, cyclists should ride three feet from parked cars to avoid the "door
zone".
Although it is the motorist's and/or passenger's responsibility to look first before opening their
door, riding too close to parked cars can lead to serious injuries that can be avoided.
Sharrows are also used through intersections and some merge zones to support straight-line
cycling and to increase the visibility of cyclists.
3. What do these sharrow markings mean for motorists?
Sharrow markings are used to remind drivers to share the road with cyclists. Sharing the road
means you should:
only pass a cyclist where there is enough room to do so safely (at least three feet
between motorist and cyclist),
reduce your speed when passing a cyclist, and
watch for cyclists when making lane changes and turns.
Be aware that cyclists are vulnerable to different hazards than drivers (e.g. minor pot holes and
debris), so give them space to maneuver. Even where there are no sharrows or bike lanes,
motorists should always share the road.
4. How are sharrow markings different from a bike lane?
Bike lanes are a dedicated space for cyclists where motorists are not allowed to park, stop or
drive. Bike lanes are painted on the road with bicycle symbols and a solid white line.
In comparison, sharrows are used in lanes that are shared by motorists and cyclists. Travel lanes
with sharrows do not have a separate white line indicating a dedicated cycling area. Instead,
chevrons and a bicycle symbol are used to indicate where cyclists should ride, and where
motorists should expect to see cyclists.
5. If I see these sharrow markings, is the lane for bikes only?
No. Sharrows are used to identify lanes that are shared by motorists and cyclists.
6. Why not just stripe bike lanes instead of sharrows on city streets?
Bicycle lanes are preferred to sharrows as a bikeway design treatment, but not all streets have
enough room for bicycle lanes due to high demand for on-street parking and/or the inability to
eliminate or narrow regular traffic lanes. As a general principle, widening roads to provide bike
lanes is not practical in the downtown core or in residential areas. However, on some roadways,
minor widening may be feasible at the time of reconstruction. On some streets where bicycle
lanes cannot be accommodated, the City may be using sharrow markings instead.
7. Why is the City painting these sharrow markings on our roadways?
The City is working to improve cycling conditions, and sharrows are one way to encourage more
people to consider cycling as a safe, effective method of travel.
Section 9C.07 Shared Lane Marking
Option:
01 The Shared Lane Marking shown in Figure 9C-9 may be used to:
A. Assist bicyclists with lateral positioning in a shared lane with on-street parallel parking in order to reduce
the chance of a bicyclist's impacting the open door of a parked vehicle,
B. Assist bicyclists with lateral positioning in lanes that are too narrow for a motor vehicle and a bicycle to
travel side by side within the same traffic lane,
C. Alert road users of the lateral location bicyclists are likely to occupy within the traveled way,
D. Encourage safe passing of bicyclists by motorists, and
E. Reduce the incidence of wrong-way bicycling.
Guidance:
02 The Shared Lane Marking should not be placed on roadways that have a speed lirkit above 35 mph.
Standard:
03 Shared Lane Markings shall not be used on shoulders or in designated 'bicycle lanes.
Guidance:
04 If used in a shared lane with on-street parallel parking, Shared Lane Markings should be placed so that the
centers of the markings are at least 11 feet from the face of the curb, or from the· edge of the pavement where there
is no curb.
05 If used on a street without on-street parking that has an outside travel lane that is less than 14 feet wide, the
centers of the Shared Lane Markings should be at least 4 feet from the face of the curb, or from the edge of the
pavement where there is no curb.
06 If used, the Shared Lane Marking should be placed immediately after an intersection and spaced at intervals
not greater than 250 feet thereafter.
Option:
07 Section 9B.06 describes a Bicycles May Use Full Lane sign that may be used in addition to or instead of the
Shared Lane Marking to iaform road users that bicyclists might occupy the travel lane.
Sect. 9C.04 to 9C.07 December 2009
Figure 9C-9. Shared Lane Marking
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June 22, 2011
TO: City Manager
For Council Consideration
FROM: Municipal Services Director
SUBJECT: Request City Participation -Lark Avenue
HAPO Credit Union
HAPO is proposing to construct a credit union that is north of Lark Avenue and east of Pioneer
Way, which will require the property to be platted. It is the developer's responsibility to improve
Kiefer Drive for one halfthe width as it front the platted property. Jim Haack, Momentum, who
represents HAPO Community Credit Union, is requesting the City to participate by paying for the
street improvements for the other half of Lark Avenue.
HAPO is willing to improve Lark Drive from their property to Kiefer Drive with the stipulation
that the City reimburses them for the total cost. The City would reimburse the developer for any
street improvements when the project is completed and accepted by City Council.
Momentum has supplied the following cost estimates:
One half the cost of improving Lark Avenue fronting HAPO's property $ 88,000
Full cost of improving Lark Avenue between HAPO' s property and
Kiefer Drive $304,000
The request for City participation for paying one half the cost of Lark Avenue that fronts HAPO' s
property is presented for your consideration. Furthermore, staff is requesting direction for the City
to pay for the Lark Avenue improvement between HAPO' s property and Kiefer Drive.
Respectfully SUbmitted'~
G~":l:; ~
Municipal Services Director \
III MOMENTUM"
Suildial! YelodtY'.
June 23, 2011
Gary Harer, PE, PLS
Municipal Services Director
City of Moses Lake
PO Box 1579
Moses Lake, WA 98837
Subject:
Dear Mr. Harer,
HAPO Community Credit Union; Pioneer Way & Lark Ave.
City Council Agenda Request: Lark Avenue Improvements
Our client, HAPO Community Credit Union (HAPO), is considering the purchase and development
of a 2 acre portion of the Riviera Addition at the northeast corner of Pioneer Way and Lark
Avenue. The property frontage along Lark Avenue currently abuts an unimproved section of City
owned public right of way (Lark Ave) extending east uphill to Kiefer Street.
During pre-application discussions with city engineering staff we were notified that
improvements to Lark abutting this site would be required. In addition, the city expressed
interest in partnering to complete Lark improvements, full width, all the way east to Kiefer.
While it significantly increases the cost of HAPO's proposed investment at this location, we have
advised our client that the costs of half street improvements are typically viewed as standard
conditions of approval on new development projects. However we have concerns with
preliminary comments from City staff, which would require full width street improvements to
Lark Avenue along the property frontage including utilities extensions. While HAPO would
welcome the opportunity to partner with the City to execute the completion of Lark, it believes
the cost of full width improvements to Lark along the parcel frontage, without city cost sharing,
is an undue financial burden on a project of this scale and places the purchase and development
of this parcel at risk. Management may need to look to another location for expansion into
Eastern Washington.
The proposed work to the unimproved 765 foot section of Lark Avenue would include, but not
limited to: utility extensions, grading, asphalt paving, curb, gutter, sidewalk and other
miscellaneous right of way improvements. The design / construction of all street improvements
MOM ENTU M B U I LDS .CO M
1520 Fourth Ave
Suite 300
Seattle, WA 98101
206.267.1900
206.267.1901 Fax
lllMOMENTUM
Building re/udtr.
could be coordinated and completed by HAPO through its contractors at the same time of
required half street improvements.
HAPO hereby requests space on the agenda of the June 28th City Council meeting to formally
request City funding and other considerations for the Lark Avenue right of way improvements,
beyond the standard half street improvements abutting the proposed development.
Enclosed for your reference is an exhibit detailing the preliminary proposed right of way
improvements for Lark Avenue. The engineering design, estimate and proposed cost sharing
split are preliminary; we look forward to a mutually beneficial agreement to complete these
much need improvements and to working with City Staff to finalize the details therein.
The City's prompt resolution on this matter is important due to an impending deadline on
HAPO's feasibility period.
If you have any questions regarding this request or the enclosed exhibits, please do not hesitate
to call me at (206) 2671900.
Sincerely,
Jim Haack, President
Momentum, Inc
Cc: Craig Walker, Walker Heye; Steve Anderson, EVP, HAPO CCU
MOM ENTU M BU I LDS. COM
1520 Fourth Ave
Suite 300
Seattle, WA 98101
206.267.1900
206.267.1901 Fax
,
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l}J MOMENTUM
Building velocity.
HAPO Community Credit Union
Preliminary Off-Site Budgeting Program
Moses Lake, WA
June 24, 2011
Preliminary Estimate for Lark Avenue Improvements
A. HAPO ~ Southern 1/2 Street Improvements for Lark Avenue -Along Frontage
Approx. Unit
Item Item Description Quanity Unit Price
1 Mobilization 1 lS 7,887.00
2 Sawcut Apshalt 40 LF 6.00
3 Roadway Excavation I Grading 633 Sy 10.56
4 CSTC -4" / HMA paving -2.5" 633 SY 15.50
5 Curb & Gutter -Type A 276 IF 12.00
6 Sidewalk -5' w 1380 SF 6.97
7 Utility trenching / bedding! backfill 276 IF 14.19
8 Fire Hydrant Assembly 1 EA 7,855.00
9 Roadwaystriping 5520 SF 0.17
10 Civil Design / Surveying 1 lS 9,219.00
11 GC Coordination I Fee 1 lS 6,080.27
12 Bonds, liability Ins, Permits 1 lS 5,454.74
13 Contingency 1 lS 15.0%
14 WSST@7.9% 1 lS 7.9%
Southern 1/2 Street Improvements Total
8. HAPO -Street Improvements for Completion of Lark Avenue (uphill)
Approx. Unit
Item Item Description Quanity Unit Price
1 Mobilization 1 lS 0.00
2 Sawcut Apshalt 40 IF 6.00
3 Roadway Excavation / Grading 5310 SY 10.56
4 CSTC -4" / HMA Paving -2.5" 2655 Sy 15.50
5 Curb, Gutter & Sidewalk 1110 IF 12.00
6 Sidewalk -5' w (north side only) 5550 SF 6.97
7 Utility trenching I bedding I backfill 555 IF 14.19
8 Waterline extension -8" 0.1. 555 IF 41.27
9 Fire Hydrant assembly -installed by NHWA 1 EA 0.00
10 Roadway striping 16650 SF 0.17
11 Civil Design / Surveying 1 lS 35,781.00
12 GC Coordination I Fee 1 lS 15,409.80
13 Bonds, Liability Ins, Permits 1 lS 10,678.21
14 Contingency 1 lS 15.0%
15 WSST@7.9% 1 lS 7.9%
Completion of Lark Ave (uphill) Total
Amount
$7,887.00
$240.00
$6,682.00
$9,810.00
$3,312.00
$9,614.00
$3,916.00
$7,855.00
$911.00
$9,219.00
$6,080.27
$5,454.74
$10,647.15
$6,448.62
$88,076.79
Amount
inc1 w/in A
$240.00
$56,073.60
$41,152.50
$13,320.00
$38,683.50
$7,875.45
$22,904.85
$0.00
$2,830.50
$35,781.00
$15,409.80
$10,678.21
$36,742.41
$22,253.65
$303,945.48
Please note that this document is the property oj Momentum and is Jurnished for the sale purpose oj review by HAPO and the City oj Moses Lake.
Reproduction oj this document without the expressed written consent oj Momentum is strictly prohibited.
Issue Date
*
Washington State Auditor's Office
Accountability Audit Report
City of Moses Lake
Grant County
Report Date
June 20,2011
Report No.
WASHINGTON----
BRIAN SONNTAG
---STATE AUDITOR
ABOUT THE AUDIT
Audit Summary
City of Moses Lake
Grant County
June 20, 2011
This report contains the results of our independent accountability audit of the City of
Moses Lake from January 1, 2010 through December 31,2010.
We evaluated internal controls and performed audit procedures on the activities of the
City. We also determined whether the City complied with state laws and regulations and
its own policies and procedures.
In keeping with general auditing practices, we do not examine every transaction, activity
or area. Instead, the areas examined were those representing the highest risk of
noncompliance, misappropriation or misuse. The following areas were examined during
this audit period:
• Bid law compliance • Credit card usage
• Ambulance billings
RESULTS
In the areas we examined, the City's intemal controls were adequate to safeguard public
assets. The City also complied with state laws and regulations and its own policies and
procedures in the areas we examined.
Washington State Auditor's Office
1
ABOUT THE CITY
Description of the City
City of Moses Lake
Grant County
June 20, 2011
The City of Moses Lake is a noncharter code city serving over 19,460 citizens in Grant
County. The City provides a full range of municipal services including police and fire,
planning and engineering, street maintenance and· construction, parks and recreation,
and general administrative services. It also provides sanitation, water and wastewater
services, ambulance services and a municipal airport. In addition, the City operates a
museum and maintains a library.
An elected, seven-member Council governs the City. Board Members select one
Member to serve as Mayor. The Council appoints a City Manager to oversee the
District's daily operations as well as its 185 employees. For fiscal year 2010, the City
operated on an annual budget of approximately $33.5 million.
ELECTED OFFICIALS
These officials served during the audit period:
City Council:
APPOINTED OFFICIALS
City Manager
Finance Director
CITY CONTACT INFORMA TlON
Address:
Phone:
Website:
City of Moses Lake
PO Box 1579
Moses Lake, WA 98837
(509) 764-3701
www.ci.moses-Iake.wa.us
Jon Lane, Mayor
Bill Ecret, Deputy Mayor
RiChardS!
Dick De n.L-
David C
Brent Reese
Karen Liebrecht
Joseph Gavinski
Ronald Cone
Washington State Auditor's Office
2
AUDIT HISTORY
We audit the City annually. This audit marked the ninth consecutive year the City has
been free of findings.
Washington State Auditor's Office
3
Issue Date
*
Washington State Auditor's Office
Financial Statements Audit Report
City of Moses Lake
Grant County
Audit Period
January 1, 2010 through December 31,2010
Report No.
WASH 1 NGTON----
BRIAN SONNTAG
---STATE AUDITOR
Independent Auditor's Report on Internal
Control over Financial Reporting and on
Compliance and Other Matters in Accordance
with Government Auditing Standards
1-1
City of Moses Lake
Grant County
January 1, 2010 through December 31,2010
City Council
City of Moses Lake
Moses Lake,Washington
We have audited the financial statements of the governmental activities, the business-type
activities, each major fund and the aggregate remaining fund information of the City of Moses
Lake, Grant County, Washington, as of and for the year ended December 31, 2010, which
collectively comprise the City's basic financial statements, and have issued our report thereon
dated June 20, 2011.
We conducted our audit in accordance with auditing standards generally accepted in the United
States of America and the standards applicable to the financial audits contained in Government
Auditing Standards, issued by the Cpmptroller General of the United States.
INTERNAL CONTROL OVER FINANCIAL REPORTING
In planning and performing our audit, we considered the City's internal control over financial
reporting as a basis for designing our auditing procedures for the purpose of expressing our
opinions on the financial statements, but not for the purpose of expressing an opinion on the
effectiveness of the City's internal control over financial reporting. Accordingly, we do not
express an opinion on the effectiveness of the City's internal control over financial reporting.
A deficiency in internal control exists when the design or operation of a control does not allow
management or employees, in the normal course of performing their assigned functions, to
prevent, or detect and correct misstatements on a timely basis. A material weakness is a
deficiency, or a combination of deficiencies, in internal control such that there is a reasonable
possibility that a material misstatement of the City's financial statements will not be prevented,
or detected and corrected on a timely basis.
Our consideration of internal control over financial reporting was for the limited purpose
described in the first paragraph of this section and would· not necessarily identify all deficiencies
in internal control that might be deficiencies, significant deficiencies or material weaknesses.
We did not identify any deficiencies in internal control over financial reporting that we consider
to be material weaknesses, as defined above.
COMPLIANCE AND OTHER MATTERS
As part of obtaining reasonable assurance about whether the City's financial statements are
free of material misstatement, we performed tests of the City's compliance with certain
provisions of laws, regulations, contracts and grant agreements, noncompliance with which
could have a direct and material effect on the determination of financial statement amounts.
However, providing an opinion on compliance with those provisions was not an objective of our
audit, and accordingly, we do not express such an opinion.
The results of our tests disclosed no instances of noncompliance or other matters that are
required to be reported under Government Auditing Standards.
This report is intended for the information and use of management and the City Council.
However, this report is a matter of public record and its distribution is not limited. It also se'rves
to disseminate information to the public as a reporting tool to help citizens assess government
operations.
Signature Here (Please do not remove this line)
BRIAN SONNTAG, CGFM
STATE AUDITOR
June 20, 2011
Independent Auditor's Report on Financial
Statements
F-1
City of Moses Lake
Grant County
January 1, 2010 through December 31, 2010
City Council
City of Moses Lake
Moses Lake, Washington
We have audited the accompanying financial statements of the governmental activities, the
business-type activities, each major fund and the aggregate remaining fund information of the
City of Moses Lake, Grant County, Washington, as of and for the year ended December 31,
2010, which collectively comprise the City's basic financial statements as listed on page { }.
These financial statements are the responsibility of the City's management. Our responsibility is
to express opinions on these financial statements based on our audit.
We conducted our audit in accordance with auditing standards generally accepted in the United
States of America and the standards applicable to financial audits contained in Government
Auditing Standards, issued by the Comptroller General of the United States. Those standards
require that we plan and perform the audit to obtain reasonable assurance about whether the
financial statements are free of material misstatement. An audit includes examining, on a test
basis, evidence supporting the amounts and disclosures in the financial statements. An audit
also includes assessing the accounting principles used and significant estimates made by
management, as well as evaluating the overall financial statement presentation. We believe
that our audit provides a reasonable basis for our opinions.
In our opinion. the finanCial statements referred to above present fairly, in all material respects.
the respective financial position of the governmental activities. the business-type activities. each
major fund and the aggregate remaining fund information of the City of Moses Lake, as of
December 31.2010. and the respective changes in financial position and, where applicable.
cash flows thereof, and the respective budgetary comparison for the General Fund and
Street/Street Repair and Reconstruction funds, for the year then ended in conformity with
accounting principles generally accepted in the United States of America.
In accordance with Govemment Auditing Standards, we have also issued our report on our
consideration of the City's internal control over financial reporting and on our tests of its
compliance with certain provisions of laws, regulations, contracts and grant agreements and
other matters. The purpose of that report is to describe the scope of our testing of internal
control over financial reporting and compliance and the results of that testing, and not to provide
an opinion on the internal control over financial reporting or on compliance. That report is an
integral part of an audit performed in accordance with Government Auditing Standards and
should be considered in assessing the results of our audit.
The management's discussion and analysis on pages [page # to be inserted by OS] through
[page # to be inserted by OS], infrastructure modified approach on pages [page # inserted by
OS] through [page # inserted by OS] and pension trust fund on pages [page # inserted by OS]
through [page # inserted by OS] are not a required part of the basic financial statements but are
supplementary information required by the Governmental Accounting Standards Board. We
have applied certain limited procedures, which consisted principally of inquiries of management
regarding the methods of measurement and presentation of the required supplementary
information. However, we did not audit the information and express no opinion on it.
Signature Here (Please do not remove this line)
BRIAN SONNTAG, CGFM
STATE AUDITOR
June 20, 2011