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08092011I ! Bill Ecret Richard Pearce Brent Reese MOSES LAKE CITY COUNCIL Jon Lane Mayor -~-~~ MOSES LAKE Joseph K. Gavinski City Manager David Curnel Karen Liebrecht Dick Deane August 9, 2011 AGE"\JDA Sophia Guerrero, Executive Secretary Council Chambers 7:00 p.m. 1. Roll Call 2. Pledge of Allegiance 3. IDENTIFICATION OF CITIZENS WANTING TO DISCUSS AGENDA ITEMS IDENTIFICATION OF CITIZENS WANTING TO DISCUSS NON-AGENDA ITEMS 4. PRESENTATIONS AND AWARDS -None 5. CONSENT AGENDA A. Approval of Minutes -July 26,2011 B. Approval of Bills and Checks Issued C. Resolution -Accept Grant -Municipal Airport 6. COMMISSION APPOINTMENTS -None 7. CONSIDERATION OF BIDS AND QUOTES -None 8. PETITIONS, COMMUNICATIONS, OR PUBLIC HEARINGS A. Communication -Fairgrounds Annexation -Jon Smith 9. ORDINANCES AND RESOLUTIONS A. Ordinance -Amend MLMC Chapter 18.58 Signs -2nd Reading B. Ordinance -Water/Sewer Revenue Bonds -Single Reading 10. REQUEST TO CALL FOR BIDS -None 11. REFERRALS FROM COMMISSIONS -None 12. OTHER ITEMS FOR COUNCIL CONSIDERATION 13. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS 14. COUNCIL QUESTIONS AND COMMENTS 15. CITY MANAGER REPORTS AND COMMENTS A. Investment Report B. Sales Tax/Transient Rental Income Report Finance Municipal Services Police Chief Parks & Recreation Fire Chief Community Development Ronald Cone Gary Harer Dean Mitchell Spencer Grigg Tom Taylor Gilbert Alvarado City Attorney Katherine L. Kenison MOSES LAKE CITY COUNCIL July 26, 2011 DRAFT Council Present: Jon Lane, Dick Deane, Karen Liebrecht, David Curnel, Richard Pearce, and Brent Reese Absent: Bill Ecret The meeting was called to order at 7 p.m. by Mayor Lane. PLEDGE OF ALLEGIANCE: Mrs. Liebrecht led the Council in the pledge of allegiance. PRESENTATIONS AND AWARDS -None CONSENT AGENDA Minutes: The minutes of the July 12, 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 July 26, 2011 the Council does approve for payment claims in the amount of $596,333.14; prepaid claims in the amounts of $13,948.46 and $13,516.59; claim checks in the amount of $1 ,785,863.67; and payroll in the amounts of $4,772.11 and $374,669.64. Six Year Street Plan -Set Public Hearing: The Council should set August 23 as the date for a public hearing to consider the Six Year Transportation Improvement Program. Action Taken: Dr. Curnel moved that the Consent Agenda be approved, seconded by Mr. Reese, and passed unanimously. COMMISSION APPOINTMENTS PARKS AND RECREATION COMMISSION Mayor Lane requested Council confirmation of the re-appointment of Brian Dano to the Parks and Recreation Commission. Action Taken: Mr. Deane moved that the re-appointment of Brian Dano to the Parks and Recreation Commission be confirmed, seconded by Mr. Reese, and passed unanimously. CONSIDERATION OF BIDS AND QUOTES -None PETITIONS, COMMUNICATIONS, OR PUBLIC HEARINGS -None ORDINANCES AND RESOLUTIONS ORDINANCE -AMEND 12.40 -STREET CONSTRUCTION OR IMPROVEMENT REIMBURSEMENT CHARGES" -2ND READING An ordinance was presented which establishes the reimbursement charges for the street improvements to Wapato Drive. The ordinance amending Chapter 12.40 of the Moses Lake Municipal Code entitled "Street CITY COUNCIL MINUTES: 2 July 26, 2011 Construction or Improvement Reimbursement Charges" was read by title only. Action Taken: Mr. Reese moved that the second reading of the ordinance be adopted, seconded by Dr. Curnel, and passed unanimously. ORDINANCE -AMEND 18.20 -RESIDENTIAL ZONES -2ND READING An ordinance was presented which amends the residential zones by allowing hedges in any front yard or comer lot exterior side yard. The ordinance amending Chapter 18.20 of the Moses Lake Municipal Code entitled "Residential Zones" was read by title only. Action Taken: Mr. Pearce moved that the second reading of the ordinance be adopted, seconded by Mrs. Liebrecht, and passed unanimously. ORDINANCE -AMEND 2011 BUDGET -2ND READING An ordinance was presented which amends the 2011 budget. The ordinance amending the 2011 budget for the City of Moses Lake, Washington was read by title only. Action Taken: Mrs. Liebrecht moved that the second reading of the ordinance be adopted, seconded by Mr. Reese, and passed unanimously. ORDINANCE -AMEND 18.58 -SIGNS -18T READING An ordinance was presented which amends the sign code by creating a signage standard for a "Wheeler Corridor Heavy Industrial Area". The area is within city limits located east of Road Land zoned Heavy Industrial. The ordinance amending 18.58 of the Moses Lake Municipal Code entitled "Signs" was read by title only. Gilbert Alvarado, Community Development Director, stated that signs in industrial areas are limited to 25' in height atthis time. Considering the size of the parcels in the industrial areas, the property owners and sign companies have requested that the sign height be increased. The Planning Commission felt that the freeway interchange sign regulations would be appropriate for this area. There was some discussion by the Council. Action Taken: Dr. Curnel moved that the first reading of the ordinance be adopted, seconded by Mr. Reese, and passed unanimously. RESOLUTION -ACCEPT DONATION -WELFUND A resolution was presented which accepts a $1,500 donation from WELfund to the Police Department for the purchase of body armor. The resolution accepting a donation to the Moses Lake Police Department was read by title only. Action Taken: Mrs. Liebrecht moved that the resolution be adopted, seconded by Dr. Curnel, and passed unanimously. CITY COUNCIL MINUTES: 3 July 26, 2011 RESOLUTION -ACCEPT GRANT -WALMART FOUNDATION A resolution was presented which accepts a $1 ,000 grantfrom the Walmart Foundation. The funds will be used to purchase digital cameras for patrol officers. The resolution accepting a grant from the Walmart Foundation was read by title only. Action Taken: Mr. Pearce moved that the resolution be adopted, seconded by Dr. Cumel, and passed unanimously. REQUEST TO CALL FOR BIDS CIVIC CENTER LANDSCAPING AND PARKING PROJECT Staff requested authorization to call for bids for the Civic Center Landscaping and Parking Project. This project includes constructing two parking lots at the intersection of Balsam Street and Fourth Avenue, constructing a roundabout at the intersection, and installing landscaping and irrigation systems for the Civic Center area. There was some discussion about the improvements and it was pOinted out that water and power will be placed to the center of the roundabout. Action Taken: Mr. Deane moved that the staff be authorized to call for bids, seconded by Dr. Cumel, and passed unanimously. Joseph k. Gavinski, City Manager, reported that the building is scheduled to be completed about the second week of September with some time available for completion of any punch list items. The City will be able to move in about the first of October with six weeks for the exhibits to be completed in the Museum. The dedication and open house should take place about the middle of November, which coincides with the holiday show at the Museum and Art Center. REFERRALS FROM COMMISSIONS -None OTHER ITEMS FOR COUNCIL CONSIDERATION DRIVEWAY DEVIATION -FIFTH AVENUE Engineering staff requested a deviation to the driveway standards to allow a new driveway within 20' of the existing driveway that the police use to access their parking spaces and carport. The proposed driveway will provide a bypass fire access and access to Well? The existing access to Well? is blocked by the Civic Center and the new security fencing that will be installed during the Civic Center Parking Lot Project. Sean O'Brien, City Engineer, stated that the existing access will be fenced off and so only available to the Police Department. The new access will be used by the Fire Department, garbage, Water Department, and museum deliveries. There will be limited use of the driveway. Action Taken: Mr. Reese moved that the request be granted, seconded by Mr. Pearce, and passed unanimously. REQUEST TO APPLY FOR GRANT -POLICE DEPARTMENT The Police Department requested authorization to apply for an Edward Byrne Memorial Justice Assistance Grant in the amount of $11 ,400 in order to purchase two video surveillance cameras CITY COUNCIL MINUTES: 4 July 26, 2011 and the necessary accessories to transmit and record. The cameras will be utilized to assist with anti-graffiti and other criminal activity. Action Taken: Mrs. Liebrecht moved that the request be granted, seconded by Dr. Curnel, and passed unanimously. MUTUAL AID AGREEMENT -PROTECTION 1, LLC A proposed mutual aid agreement between Protection 1, LLC and the City was presented. Protection 1 is the new ambulance provider in the Quincy area. This agreement is similar to the agreernent with American Medical Response. Tom Taylor, Fire Chief, stated that this agreement would provide mutual aid in an emergency to the area covered by Protection 1. He mentioned that Protection 1 was informed that Moses Lake does not typically respond to the Quincy area on EMS/mutual aid because of the need to keep coverage in the Moses Lake area. Action Taken: Mr. Pearce moved that the City Manager be authorized to sign the agreement, seconded by Mrs. Liebrecht, and passed unanimously. NON-AGENDA ITEMS AND PUBLIC QUESTIONS AND COMMENTS REQUEST TO USE CITY PROPERTY -NATIONAL NIGHT OUT The Police Department requested the use of Sinkiuse Square and the closure ofThird Avenue from Beech Street to Ash Street on August 2 in honor of National Night Out. The Police employees plan to have a barbeque and live music at Sinkiuse Square and informational booths on Third Avenue. The event will take place from 6 p.m. to 9 p.m. Dean Mitchell, Police Chief, stated that National Night Out is designed to heighten crime prevention and to generate community support and participation in local anti-crime programs. Action Taken: Dr. Curnel moved that the request be granted, seconded by Mrs. Liebrecht, and passed unanimously. COUNCIL QUESTIONS AND COMMENTS COUNCIL IN THE PARK There was some discussion and it was determined to reschedule the presence of the Council at McCosh Park. CITY MANAGER REPORTS AND COMMENTS FAIRGROUNDS SEWER PROJECT Joseph K. Gavinski, City Manager, stated that a meeting was held between the Department of Ecology, Department of Health, City of Moses Lake, Grant County, the Economic Development Council and others to discuss the septic system installed at the Grant County Fairgrounds. He mentioned that the Department of Ecology is very interested in having that system attached to the city's system but that they cannot make the Fairgrounds be connected. He pointed out that if the system had been processed as a large on-site septic system, there would have been additional oversight and monitoring requirements and those may still have to be met. The article in the Columbia Basin Herald speculated that if the area had been annexed and zoned "Agricultural", CITY COUNCIL MINUTES: 5 July 26, 2011 certain restrictions with regard to the keeping of animals would apply. He pointed out that the city has never suggested the fairgrounds be zoned "Agricultural" and that it would have been zoned "Public" with an amendment to the zone to allow for agricultural fairs. Mr. Deane gave some background on the negotiations that took place between the City and the County concerning the possible connection of the fairgrounds to the City's sewer system. Mr. Pearce felt that the county would continue on with the existing system but they will be coming back to the city in the future to connect to the City's system. There was some discussion and it was the consensus of the Council that the previously drafted interlocal agreement concerning the annexation of the Grant County Fairgrounds be sent to the County Commissions with a letter reiterating the City's position and concerns. PURCHASING AND BIDDING Joseph K. Gavinski, City Manager, provided information on the laws that apply to the City regarding purchasing materials and supplies and equipment. AMBULANCE FUND Joseph K. Gavinski, City Manager, provided a report on the Ambulance Fund as of June 30, 2011 and mentioned that the fund is doing fine. QUARTERLY FINANCIAL REPORT Joseph K. Gavinski, City Manager, stated that the second quarter financial report is available on line. RECYCLE PROGRAM Joseph K. Gavinski, City Manager, stated that the there has been a reduction in residential garbage by an average of 46% over 201 0 and that 2,812 tons of material was recycled that would otherwise have ended up in the landfill. GAMBLING REPORT The city received $77,954.99 in gambling tax income for the second quarter of 2011. INVESTMENT REPORT The city received $20,277.25 in investment income for June 2011. SALES TAXITRANSIENT RENTAL INCOME The city received $439,396.45 in sales tax and $43,150.52 in transient rental income in April 2011. The regular meeting was adjourned at 8:30 p.m. ATTEST Jon Lane, Mayor Ronald R. Cone, Finance Director DATE 8/05/11 TIME 09:25:50 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 08/09/2011 Expenditure Account P,O, Number P,O, Amount Purpose of Purchase PAGE 1 XAPPRVD ================================================================================================================== 2M COMPANY INC PARK RECREATION WATER SEWER ACE HARDWARE PARK RECREATION SEWER CASCADE ANALYTICAL INC WATER SEWER 00004450 REPAIR AND MAINTENANCE SUPPL REPAIR AND MAINTENANCE SUPPL REPAIR AND MAINTENANCE SUPPL 00006538 OPERATING SUPPLIES OPERATING SUPPLIES 00005014 PROFESSIONAL SERVICES PROFESSIONAL SERVICES CENTRAL WASHINGTON CONCRETE 00003603 PARK RECREATION WATER CIVIC CENTER CINTAS CORP STREET WATER EQUIP RENTAL-OPERATI OPERATING SUPPLIES OPERATING SUPPLIES BUILDINGS (CONSTRUCTION) 00000271 MISCELLANEOUS (NOT LISTED BE MISCELLANEOUS (NOT LISTED BE MISCELLANEOUS (NOT LISTED BE CSWW, INC dba BIG R STORES 00001701 PARK RECREATION OPERATING SUPPLIES PARK RECREATION REPAIR AND MAINTENANCE SUPPL WATER OPERATING SUPPLIES GRANT COUNTY TREASURER 00000607 PARK RECREATION TAXES AND ASSESSMENTS 0000058740 0000058872 0000058730 253,68 730,11 6,772,46 MISC REPAIRS MISC SUPPLIES MISC SUPPLIES ====================== TOTAL: 0000058687 0000058729 7,756,25 49,89 11,85 MISC SUPPLIES MISC SUPPLIES ====================== TOTAL: 0000058869 0000058869 61. 74 6,082,00 1,614,95 SAMPLE TESTING SAMPLE TESTING ====================== TOTAL: 0000058858 0000058873 0000058873 7,696,95 1,331. 34 251. 42 156,48 MISC SUPPLIES CONCRETE/REPLACE SIDEWALK CONCRETE/REPLACE SIDEWALK ====================== TOTAL: 1,739,24 0000058747 21. 06 SHOP TOWELS 0000058747 21,06 SHOP TOWELS 0000058747 273,05 SHOP TOWELS ====================== TOTAL: 315,17 0000058844 174,56 MISC SUPPLIES 0000058844 20,49 MISC SUPPLIES 0000058779 21. 61 MISC SUPPLIES ====================== TOTAL: 216,66 0000058903 19,387,14 ONE HALF PROP TAX DATE 8/05/11 TIME 09:25:50 PAGE 2 XAPPRVD CIT Y 0 F M 0 S E S L A K E TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V E D COUNCIL MEETING OF NAME OF VENDOR Department VENDOR NO Object Description 08/09/2011 Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ================================================================================================================== GRANT COUNTY TREASURER FIRE WATER/BILLING 00000607 TAXES AND ASSESSMENTS TAXES AND ASSESSMENTS INLAND PIPE & SUPPLY COMPANY 00003727 WATER WATER REPAIR AND MAINTENANCE SUPPL SMALL EQUIPMENT < $1000 LAD IRRIGATION COMPANY INC 00001101 PARK RECREATION PARK RECREATION WATER LAKE AUTO PARTS SEWER EQUIP RENTAL-OPERATI LES SCHWAB TIRE CENTER EQUIP RENTAL-OPERATI NORCO ENTERPRISES INC PARK RECREATION SEWER AMBULANCE SERVICE REPAIR AND MAINTENANCE SUPPL REPAIR & MAINT. OTHER (CONTR OTHER IMPROVEMENTS 00001102 REPAIR AND MAINTENANCE SUPPL REPAIR AND MAINTENANCE SUPPL 00003519 REPAIR & MAINT. EQUIP. 00006590 OPERATING SUPPLIES OPERATING SUPPLIES OPERATING SUPPLIES (CONT PENHALLURICKS EXPRESS BUILDING 00006579 WATER OPERATING SUPPLIES PLATT ELECTRIC COMPANY 00001549 WATER REPAIR AND MAINTENANCE SUPPL SEWER REPAIR AND MAINTENANCE SUPPL BUILD MAINT-OPERATIO REPAIR AND MAINTENANCE SUPPL 0000058903 0000058903 6,361.40 4,543.86 ONE HALF PROP TAX ONE HALF PROP TAX ====================== TOTAL: 0000058755 0000058755 30,292.40 203.57 199.56 MISC SUPPLIES MISC SUPPLIES ====================== TOTAL: 0000058738 0000058738 0000058705 403.13 1,567.90 1,181.51 37,293.47 MISC REPAIRS/ PRIMER/ COUPLING MISC REPAIRS/ PRIMER/ COUPLING WELL 14 REPLACEMENT ====================== TOTAL: 40,042.88 0000058763 28.04 MISC SUPPLIES 0000058763 795.40 MISC SUPPLIES ====================== TOTAL: 823.44 0000058762 55.56 TIRES AND REPAIRS ====================== TOTAL: 0000058894 0000058767 0000058878 55.56 242.37 432.21 187.67 OXYGEN/ARGON/CARBON DIOXIDE MISC SUPPLIES AMBULANCE OXYGEN ====================== TOTAL: 862.25 0000058771 159.88 MISC SUPPLIES ====================== TOTAL: 0000058772 0000058772 0000058772 159.88 76.17 56.42 15.14 MISC SUPPLIES MISC SUPPLIES MISC SUPPLIES DATE 8/05/11 TIME 09:25:50 NAME OF VENDOR Department CITY OF MOSES LAKE TABULATION OF CLAIMS TO BE APPROVED COUNCIL MEETING OF VENDOR NO Obj ect Description 08/09/2011 Expenditure Account P.O. Number P.O. Amount Purpose of Purchase PAGE J XAPPRVD ================================================================================================================== PLATT ELECTRIC COMPANY 00001549 BUILD MAINT-OPERATIO REPAIR AND MAINTENANCE SUPPL BUILD MAINT-OPERATIO REPAIR AND MAINTENANCE SUPPL RATHBONE SALES INC FIRE WATER UNITED PARCEL SERVICE MISC. SERVICES PARK RECREATION SEWER 00005021 REPAIR & MAINT. EQUIP. (CONT OPERATING SUPPLIES POSTAGE POSTAGE POSTAGE 00005456 0000058772 0000058772 75.09 77.69 MISC SUPPLIES MISC SUPPLIES ====================== TOTAL: 0000058836 0000058773 300.51 43.25 6.89 REPLACE THROTTLE SPRING MISC SUPPLIES ====================== TOTAL: 0000058883 0000058883 0000058883 50.14 40.00 8.88 5.88 SHIPPING CHARGES SHIPPING CHARGES SHIPPING CHARGES ====================== TOTAL: 54.76 ====================== REPORT TOTAL: 90,830.96 DATE 8/05/11 TIME 09:25:52 CITY OF MOSES LAKE TABULATION OF CLAIMS TO BE APPROVED COUNCIL MEETING OF TOTALS BY FOND FUND NO 000 116 410 498 519 528 GENERAL FUND STREET WATER/SEWER FUND NAME AMBULAMCE SERVICE FUND EQUIPMENT RENTAL BUILD MAINTENANCE TOTAL CRANGES TO BE MADE SHOULD BE LISTED BELOW VEND NO. P.O. NO. AMT LISTED CORRECT AMOUNT TO BE PAID 08/09/2011 CORRECTED ANT AMOUNT 30,662.41 21. 06 58,511.41 187.67 1,124.01 324.40 90,830.96 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 $90,830.96 THIS 9TH DAY OF AUGUST, 2011 * * * * COUNCIL MEMBER * * COUNCIL MEMEER COUNCIL MEMBER FINANCE DIRECTOR * * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DATE 7/27/11 TIME 13:19:01 NAME OF VENDOR Department CITY OF MOSES LAKE TAB U L A T ION 0 F C L A I M S T ° 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 08/09/2011 Expenditure Account P.O. Number P.O. Amount Purpose of Purchase PAGE 1 XAPPRVD ================================================================================================================== DATABAR WATER/BILLING SEWER/BILLING SANITATION FUND STORM WATER AMBULANCE SERVICE ITRON CENTRAL SERVICES CENTRAL SERVICES STAPLES CREDIT PLAN PARK RECREATION POLICE WATER CENTRAL SERVICES CENTRAL SERVICES CENTRAL SERVICES UNITED PARCEL SERVICE MISC. SERVICES ENGINEERING 00007974 POSTAGE POSTAGE POSTAGE POSTAGE POSTAGE 00006106 PROFESSIONAL SERVICES REPAIR & MAINT. EQUIP. (CONT 00007570 OPERATING SUPPLIES SMALL EQUIPMENT < $1000 OPERATING SUPPLIES OPERATING SUPPLIES OPERATING SUPPLIES SMALL EQUIPMENT < $1000 00005456 POSTAGE POSTAGE 0000058787 833.02 MAIL UTILITY BILLS 0000058787 658.66 MAIL UTILITY BILLS 0000058787 370.21 MAIL UTILITY BILLS 0000058787 122.01 MAIL UTILITY BILLS 0000058787 101. 78 MAIL UTILITY BILLS ====================== TOTAL: 0000058808 0000058808 2,085.68 629.32 702.40 METER READ SYSTEM MAINT METER READ SYSTEM MAINT ====================== TOTAL: 1,331. 72 0000058788 119.70 MISC SUPPLIES 0000058788 410.00 MISC SUPPLIES 0000058788 10.78 MISC SUPPLIES 0000058788 2,776.56 MISC SUPPLIES 0000058788 1,341.10 MISC SUPPLIES 0000058788 859.93 MISC SUPPLIES ====================== TOTAL: 5,518.07 0000058728 20.00 SHIPPING CHARGES 0000058728 19.92 SHIPPING CHARGES ====================== TOTAL: 39.92 ====================== REPORT TOTAL: 8,975.39 DATE 7/27/11 TIME 13:19:03 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 TOTALS BY FUND FUND NO 000 410 490 493 498 517 GENERAL FUND WATER/SEWER SANITATION FUND STORM WATER FUND NAME AMBULANCE SERVICE FUND CENTRAL SERVICES TOTAL CBAMGES TO BE MADE SHOULD BE LISTED BELOW VEND NO. P.O. NO. AMT LISTED CORRECT AMOUNT TO BE PAID 08/09/2011 CORRECTED AMT AMOUNT 569.62 1,502.46 370.21 122.01 101.78 6,309.31 8,975.39 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 ASOVE CLAIMS ARE APPROVED, AS NOTED, FOR PAYMENT * IN THE AMOUNT OF $8,975.39 THIS 9TH DAY OF AUGUST, 2011 * * * * COUNCIL MEMBER * * * * COUNCIL MBMBER COUNCIL MEMBER FINANCE DIRECTOR * * * * * * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** DATE 8/05/11 TIME 10:41:59 PAGE 1 XAPPRVD CITY OF MOSES LAKE TABULATION OF CLAIMS TO BE APPROVED COUNCIL MEETING OF NAME OF VENDOR Department VENDOR NO Object Description 08/09/2011 Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ================================================================================================================== A T & T MOBILITY 00004826 COMMUNITY DEVELOPMEN TELEPHONE ENGINEERING TELEPHONE PARK RECREATION TELEPHONE POLICE TELEPHONE FIRE TELEPHONE STREET TELEPHONE WATER TELEPHONE SENER TELEPHONE AMBULANCE SERVICE TELEPHONE CENTRAL SERVICES TELEPHONE BUILD MAINT-OPERATIO TELEPHONE ADVANCED EXCAVATION 00004154 ENGINEERING STREET REPR/RECON ALLEYS AG WEST DISTRIBUTING CO INC 00006842 PARK RECREATION OPERATING SUPPLIES STREET REPAIR AND MAINTENANCE SUPPL EQUIP RENTAL-OPERATI REPAIR AND MAINTENANCE SUPPL ALEX BENKO FIREMANS PENSION 00000139 DIRECT MEDICAL PAYMENTS AMERICAN LEAK DETECTION 00004118 PARK RECREATION AMERICAN RED CROSS PARK RECREATION REPAIR & MAINT. OTHER (CONTR 00000017 PROFESSIONAL SERVICES 0000058901 47.08 CELL PHONE SERVICE 0000058901 289.64 CELL PHONE SERVICE 0000058901 29.95 CELL PHONE SERVICE 0000058901 669.84 CELL PHONE SERVICE 0000058901 248.03 CELL PHONE SERVICE 0000058901 27.92 CELL PHONE SERVICE 0000058901 75.00 CELL PHONE SERVICE 0000058901 27.92 CELL PHONE SERVICE 0000058901 97.80 CELL PHONE SERVICE 0000058901 1,296.79 CELL PHONE SERVICE 0000058901 66.24 CELL PHONE SERVICE ====================== TOTAL: 2,876.21 0000058895 -100.00 PE3 ALLEY RECONSTR 2011 0000058895 126,945.97 PE3 ALLEY RECONSTR 2011 ====================== TOTAL: 0000058899 0000058746 0000058832 126,845.97 105.42 95.49 9.66 WIND METER ADAPTER, ELBOW PLUG TIPS ====================== TOTAL: 210.57 0000058797 140.38 PRESC CO-PAY ====================== TOTAL: 140.38 0000058736 2,631.25 LEAK DETECTION ====================== TOTAL: 2,631.25 0000058758 50.00 WATER SAFETY INSTRUCTOR DATE 8/05/11 TIME 10:41:59 PAGE 2 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 08/09/2011 Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ================================================================================================================== AQUATIC SPECIALTY SERVICES 00007861 PARK RECREATION OPERATING SUPPLIES ARDEN SPECIALTIES POLICE 00005333 OPERATING SUPPLIES ASSOC OF GRANT CO CITIES 00004953 LEGISLATIVE TRAVEL & SUBSISTENCE /NON-ED LEGAL/ JUDICIAL TRAVEL & SUBSISTENCE /NON-ED BANC OF AMERICA PUBLIC & INSTI 00004234 EQUIPMENT LEASES PRINCIPAL CAPITAL LEASE EQUIPMENT LEASES PRINCIPAL CAPITAL LEASE EQUIPMENT LEASES INTEREST ON CAPITAL LEASES/I EQUIPMENT LEASES INTEREST ON CAPITAL LEASES/I W/S LEASES PRINCIPAL CAPITAL LEASE W/S LEASES INTEREST ON CAPITAL LEASES/I CENTRAL SERVICES DS/ PRINCIPAL CAPITAL LEASE CENTRAL SERVICES DS/ INTEREST ON CAPITAL LEASES/I EQUIP RENTAL-DEBT SR PRINCIPAL CAPITAL LEASE EQUIP RENTAL-DEBT SR INTEREST ON CAPITAL LEASES/I BANK OF NEW YORK -EFT 00006561 G.O.B. 2006 REDEMPTI PRINCIPAL G.O. BONDS G.O.B. 2006 REDEMPTI PRINCIPAL G.O. BONDS G.O.B. 2006 REDEMPTI INTEREST ON GO DEBT G.O.B. 2006 REDEMPTI INTEREST ON GO DEBT 1998 REFUNDING GOB PRINCIPAL G.O. BONDS ====================== TOTAL: 50.00 0000058756 538.43 PUMP 1 HP BOOSTER ====================== TOTAL: 538.43 0000058781 83.52 SUPPLIES ====================== TOTAL: 83.52 0000058789 90.00 DINNER AND MEETING 0000058789 15.00 DINNER AND MEETING ====================== TOTAL: 105.00 0000058724 413.24 #33A LEASE PYMT/AUG 0000058724 354.66 #33A LEASE PYMT/AUG 0000058724 6.64 #33A LEASE PYMT/AUG 0000058724 5.70 #33A LEASE PYMT/AUG 0000058724 553.30 #33A LEASE PYMT/AUG 0000058724 8.89 #33A LEASE PYMT/AUG 0000058724 355.04 #33A LEASE PYMT/AUG 0000058724 5.70 #33A LEASE PYMT/AUG 0000058724 7,708.11 #33A LEASE PYMT/AUG 0000058724 122.51 #33A LEASE PYMT/AUG ====================== TOTAL: 9,533.79 0000058727 80,000.00 DEBT SERVICE PYMT/GO BONDS 0000058727 120,000.00 DEBT SERVICE PYMT/GO BONDS 0000058727 36,111. 23 DEBT SERVICE PYMT/GO BONDS 0000058727 54,166.88 DEBT SERVICE PYMT/GO BONDS 0000058727 79,704.48 DEBT SERVICE PYMT/GO BONDS DATE 8/05/11 TIME 10:41:59 NAME OF VENDOR Department CIT Y ° F M ° S E S L A K E TAB U L A T ION ° F C L A I M S T ° B E A P PRO V E D C ° U N C I L M E E TIN G ° F VENDOR NO Object Description oe/09/2011 Expenditure Account P.O. Number P.O. Amount Purpose of Purchase PAGE 3 XAPPRVD ================================================================================================================== BANK OF NEW YORK -EFT 00006561 1998 REFUNDING GOB PRINCIPAl G.O. BONDS 0000058727 11,134.67 DEBT SERVICE PYMT/GO BONDS 1998 REFUNDING GOB INTEREST ON GO DEBT 0000058727 3,805.89 DEBT SERVICE PYMT/GO BONDS 1998 REFUNDING GOB INTEREST ON GO DEBT 0000058727 531. 68 DEBT SERVICE PYMT/GO BONDS 2002 REFUNDING BONDS PRINCIPAL G.O. BONDS 0000058727 56,368.60 DEBT SERVICE PYMT/GO BONDS 2002 REFUNDING BONDS PRINCIPAl G.O. BONDS 0000058727 155,593.81 DEBT SERVICE PYMT/GO BONDS 2002 REFUNDING BONDS PRINCIPAL G.O. BONDS 0000058727 44,213.32 DEBT SERVICE PYMT/GO BONDS 2002 REFUNDING BONDS INTEREST ON GO DEBT 0000058727 2,256.97 DEBT SERVICE PYMT/GO BONDS 2002 REFUNDING BONDS INTEREST ON GO DEBT 0000058727 6,229.89 DEBT SERVICE PYMT/GO BONDS 2002 REFUNDING BONDS INTEREST ON GO DEBT 0000058727 1,770.28 DEBT SERVICE PYMT/GO BONDS G.O.B. 2006 REDEMPTI PRINCIPAL G.O. BONDS 0000058727 40,000.01 DEBT SERVICE PYMT/GO BONDS G.O.B. 2006 REDEMPTI INTEREST ON GO DEBT 0000058727 18,055.63 DEBT SERVICE PYMT/GO BONDS BUILD MAINT-DEBT SR PRINCIPAl G.O. BONDS 0000058727 9,160.85 DEBT SERVICE PYMT/GO BONDS BUILD MAINT-DEBT SR PRINCIPAL G.O. BONDS 0000058727 123,824.27 DEBT SERVICE PYMT/GO BONDS BUILD MAINT-DEBT SR INTEREST ON GO DEBT 0000058727 4,957.86 DEBT SERVICE PYMT/GO BONDS BUILD MAINT-DEBT SR INTEREST ON GO DEBT 0000058727 437.43 DEBT SERVICE PYMT/GO BONDS ====================== TOTAl: 848,323.75 BAREARA HARRIS 00004372 PARK RECREATION MUSEUM RESALE 0000058821 30.80 HUMMINGBIRDS/CANDLE HOLDER ====================== TOTAl: 30.80 BAREARA NICKERSON 00007028 PARK RECREATION MUSEUM RESAlE 0000058824 29.40 CARDS ====================== TOTAL: 29.40 BASIN BARK 00006621 PARK RECREATION OPERATING SUPPLIES 0000058871 70.14 KOI VIBRANCE ====================== TOTAl: 70.14 BASIN LOCK & SECURITY 00003714 PARK RECREATION REPAIR & MAINT. OTHER (CONTR 0000058900 174.00 SECURITY MONITORING PARK RECREATION REPAIR & MAINT. OTHER (CONTR 0000058900 174.00 SECURITY MONITORING DATE 8/05/11 TIME 10:41:59 NAME OF VENDOR Department CITY OF MOSES LAKE TABULATION OF CLAIMS TO BE APPROVED COUNCIL MEETING OF VENDOR NO Object Description 08/09/2011 Expenditure Account P.O. Number P.O. Amount Purpose of Purchase PAGE 4 XAPPRVD ================================================================================================================== BASIN LOCK & SECURITY POLICE BASIN SEPTIC SERVICES PARK RECREATION PARK RECREATION PARK RECREATION PARK RECREATION BUILD MAINT-OPERATIO BETTY JOHANSEN PARK RECREATION 00003714 PROFESSIONAL SERVICES 00000166 REPAIR & MAINT. OTHER REPAIR & MAINT. OTHER REPAIR & MAINT. OTHER REPAIR & MAINT. OTHER (CONTR (CONTR (CONTR (CONTR REPAIR & MAINT. BUILDING (CO 00004610 MUSEUM RESALE BLUMENTHAL UNIFORM CO INC 00000133 FIRE AMBULANCE SERVICE BONNY PARKER LOVE PARK RECREATION OPERATING SUPPLIES OPERATING SUPPLIES 00008031 MUSEUM RESALE BUD CLARY TOYOTA CHEVROLET 00000150 EQUIP RENTAL-OPERATI REPAIR & MAINT. EQUIP. (CONT BUNNY COKER PARK RECREATION 00003231 MUSEUM RESALE BUSINESS INTERIORS & EQUIPMENT 00003619 CENTRAL SERVICES CAROL CROSS PARK RECREATION CAROL HOHN AIRPORT REPAIR & MAINT. EQUIP. (CONT 00004253 MUSEUM RESALE 00006772 REPAIR & MAINT. BUILDING (CO 0000058864 174.00 MONITORING ====================== TOTAL: 522.00 0000058843 300.00 SEPTIC SERVICES 0000058843 45.00 SEPTIC SERVICES 0000058843 90.00 SEPTIC SERVICES 0000058843 30.00 SEPTIC SERVICES 0000058831 161. 86 CLEAN SEWER LINES ====================== TOTAL: 626.86 0000058820 156.28 BAKING DISHES/ BOWLS ====================== TOTAL: 0000058801 0000058801 156.28 102.29 102.29 UNIFORM BADGES UNIFORM BADGES ====================== TOTAL: 204.58 0000058813 42.66 WREATH/CAP/PURSE ====================== TOTAL: 42.66 0000058731 729.92 REPLACE HOSES ====================== TOTAL: 729.92 0000058827 32.20 NECKLACE ====================== TOTAL: 32.20 0000058893 1,550.32 COPIER MAINT ====================== TOTAL: 1,550.32 0000058815 444.50 HERONS/CRANES ====================== TOTAL: 444.50 0000058754 175.00 BUILDING MAINTENANCE DATE 8/05/11 TIME 10,4l,59 NAME OF VENDOR Department CITY OF MOSES TABULATION OF CLAIMS L A K E T 0 B E COUNCIL MEETING OF 08/09/2011 VENDOR NO Object Description Expenditure Account P.O. Number P.O. Amount APPROVED Purpose of Purchase PAGE 5 XAPPRVD ================================================================================================================== CASCADE FIRE CORPORATION 00003644 FIRE MINOR EQUIPMENT < $5000 FIRE REPAIR & MAINT. EQUIP. (CONT FIRE FIRE CATHY GLAESEMANN PARK RECREATION CEDAR STREET CLEANERS FIRE REPAIR AND MAINTENANCE SUPPL REPAIR & MAINT. EQUIP. (CONT 00005445 MUSEUM RESALE 00004655 OPERATING SUPPLIES CENTRAL MACHINERY SALES INC 00002779 WATER REPAIR AND MAINTENANCE SUPPL CENTRAL WASHINGTON EXCAVATION 00004279 STORM WATER CEVADO TECHNOLOGIES POLICE CHAMBER OF COMMERCE PARK RECREATION CHRISTMAN FORENSICS POLICE CHS INC IMPROVE / OTHER THAN BUILDING 00007539 PROFESSIONAL SERVICES 00002627 CHAMBER OF COMMERCE / CONTRA 00004424 REGISTRATION & MEMBERSHIPS 00000249 EQUIP RENTAL-OPERATI GAS-PROPANE-FUEL CITY OF MOSES LAKE 00008102 WATER SEWER CONSTRUC CIP-SEWER PROJECTS ====================== TOTAL, 0000058718 0000058718 0000058732 0000058835 175.00 11,299.53 515.51 161. 85 150.52 TURNOUT GEAR/REPAIRS TURNOUT GEAR/REPAIRS WHEEL CHOCK BRACKETS HYDRO TEST ====================== TOTAL: 12,127.41 0000058825 38.50 HEADBAND/BAG ====================== TOTAL: 38.50 0000058879 8.10 UNIFORM MAINT ====================== TOTAL: 8.10 0000058745 51. 73 MISC SUPPLIES ====================== TOTAL: 51. 73 0000058866 213,338.11 PE 2 STRMWTR DCNT 2011 ====================== TOTAL: 213,338.11 0000058714 39.95 MONTHLY FEE ====================== TOTAL: 39.95 0000058793 1,897.41 FULFILLMENT/PHONE CALLS ====================== TOTAL: 1,897.41 0000058784 399.00 REGISTRATION ====================== TOTAL: 399.00 0000058870 29,866.36 FUEL FOR VEHICLES ====================== TOTAL: 29,866.36 0000058785 100.00 1" TAP 9826 HIGHLND LNGV TRCTS ====================== TOTAL: 100.00 DATE 8/05/11 TIME 10:41:59 PAGE 6 XAPPRVD CIT Y 0 F M 0 S E S L A K E TAB U L A T ION 0 F C L A I M S T 0 B E A P PRO V E D C 0 U N C I L M E E TIN G 0 F NAME OF VENDOR Department VENDOR NO Object Description 08/09/2011 Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ================================================================================================================== CITY OF MOSES LAKE 00008106 STREET REPAIR & MAINT. OTHER (CONTR STREET REPR/RECON ALLEYS WATER OTHER IMPROVEMENTS WATER SEWER CONSTRUC CIP-SEWER PROJECTS WATER SEWER CONSTRUC CIP-SEWER PROJECTS STORM WATER IMPROVE/ OTHER THAN BUILDING 00008107 GRANTS AND DONATIONS TRANSFER TO 000 GENERAL FUND PARK RECREATION PARK RECREATION PARKS / STREET PARKS/STREET PARKS/STREET SEWER CIVIC CENTER CITY OF SPOKANE POLICE 00008201 UTILITY EXPENSE / W-S-G UTILITY EXPENSE / W-S-G UTILITY EXPENSE / W-S-G UTILITY EXPENSE / W-S-G UTILITY EXPENSE / W-S-G UTILITY EXPENSE / W-S-G 00009106 BUILDINGS (CONSTRUCTION) 00004155 PROFESSIONAL SERVICES COLUMBIA BASIN DAILY HERALD 00000210 LEGISLATIVE FIRE COLUMBIA BASIN MACHINE ADVERTISING REGISTRATION & MEMBERSHIPS 00000211 EQUIP RENTAL-OPERATI REPAIR & MAINT. EQUIP. (CONT 0000057748 431. 60 RETAINAGE/TRAFFIC LOOP 0000058897 6,635.39 RTN PE3 ADVNCD EX ALLY RECON11 0000058761 1,812.13 RETAINAGE/PUMP REPLACE 0000058882 10,767.50 RETAIN PE 1 SELND COF IMPRV 11 0000058889 9,453.36 RETN PE3 PIPKIN LNGVW SWR 2011 0000058867 10,366.28 RETAIN PE 2 CNTRL WA EX STRM D ====================== TOTAL: 39,466.26 0000058890 3,045.30 TRANS FUNDS ====================== TOTAL: 3,045.30 0000058809 7,074.70 WATER SERVICE 0000058809 1,741.32 WATER SERVICE 0000058809 339.99 WATER SERVICE 0000058809 1,338.25 WATER SERVICE 0000058809 1,842.34 WATER SERVICE 0000058809 372.39 WATER SERVICE ====================== TOTAL: 12,708.99 0000058834 26,653.38 RETAIN TEAM CONSTR MLCC ====================== TOTAL: 26,653.38 0000058865 42.90 EVIDENCE DESTRUCTION ====================== TOTAL: 0000058884 0000058720 42.90 361.51 9.95 PUBLICATIONS PYMT/SUBSCR ====================== TOTAL: 371.46 0000058733 170.85 MODIFY COUPLER DATE 8/05/11 TIME 10:41:59 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 COUNCIL MEETING OF VENDOR NO Object Description 08/09/2011 Expenditure Account P.O. Number P.O. Amount Purpose of Purchase PAGE 7 XAPPRVD ================================================================================================================== COLUMBIA BASIN UMPIRES 00006385 PARK RECREATION PROFESSIONAL SERVICES COLUMBIA PAINT & COATINGS 00005279 STREET REPAIR AND MAINTENANCE SUPPL EQUIP RENTAL-OPERATI REPAIR AND MAINTENANCE SUPPL COMMERCIAL TIRE EQUIP RENTAL-OPERATI EQUIP RENTAL-OPERATI 00005968 REPAIR & MAINT. EQUIP. (CONT REPAIR & MAINT. EQUIP. (CONT CONSOLIDATED DISPOSAL SERVICE 00006284 PARK RECREATION STREET WATER SEWER SANITATION FUND STORM WATER MISCELLANEOUS (NOT LISTED BE MISCELLANEOUS (NOT LISTED BE LANDFILL DUMPING FEES UTILITY EXPENSE / W-S-G LANDFILL DUMPING FEES LANDFILL DUMPING FEES CONSOLIDATED ELECTRIC DIST 00000819 PARK RECREATION REPAIR AND MAINTENANCE SUPPL WATER OPERATING SUPPLIES WATER REPAIR AND MAINTENANCE SUPPL SEWER REPAIR AND MAINTENANCE SUPPL BUILD MAINT-OPERATIO REPAIR AND MAINTENANCE SUPPL BUILD MAINT-OPERATIO REPAIR AND MAINTENANCE SUPPL BUILD MAINT-OPERATIO REPAIR AND MAINTENANCE SUPPL ====================== TOTAL: 170.85 0000058839 1,280.00 UMPIRES/CHURCH GAMES ====================== TOTAL: 0000058748 0000058748 1,280.00 2,239.29 100.89 TRAFFIC PAINT, SUPPLIES TRAFFIC PAINT, SUPPLIES ====================== TOTAL: 0000058734 0000058734 2,340.18 203.13 730.44 TIRES AND REPAIRS TIRES AND REPAIRS ====================== TOTAL: 933.57 0000058896 171.09 DISPOSAL LOADS 0000058896 10.95 DISPOSAL LOADS 0000058896 71.19 DISPOSAL LOADS 0000058896 18.22 DISPOSAL LOADS 0000058896 13,019.49 DISPOSAL LOADS 0000058896 904.04 DISPOSAL LOADS ====================== TOTAL: 14,194.98 0000058845 19.38 MISC SUPPLIES 0000058741 55.41 MISC SUPPLIES 0000058741 567.21 MISC SUPPLIES 0000058741 65.19 MISC SUPPLIES 0000058741 144.27 MISC SUPPLIES 0000058741 155.44 MISC SUPPLIES 0000058741 90.82 MISC SUPPLIES ====================== TOTAL: 1,097.72 DATE 8/05/11 TIME 10:41:59 NAME OF VENDOR Department CITY OF MOSES LAKE TABULATION OF CLAIMS TO BE APPROVED COUNCIL MEETING OF VENDOR NO Object Description 08/09/2011 Expenditure Account P.O. Number P.O. Amount Purpose of Purchase PAGE 8 XAPPRVD ================================================================================================================== CROWN PAPER & JANITORIAL 00007120 BUILD MAINT-OPERATIO OPERATING SUPPLIES BUILD MAINT-OPERATIO OPERATING SUPPLIES CULLIGAN WATER LLC SEWER DAY WIRELESS SYSTEMS 00007114 OPERATING SUPPLIES 00005517 EQUIP RENTAL-OPERATI REPAIR & MAINT. EQUIP. (CONT DEBORAH GOODRICH CHITTENDEN 00004888 PARK RECREATION DELL MARKETING CENTRAL SERVICES DEPT OF HEALTH WATER DEX WEST MUSEUM RESALE 00007869 SMALL EQUIPMENT < $1000 00005763 MISCELLANEOUS (NOT LISTED BE 00004215 GRANTS AND DONATIONS PROFESSIONAL SERVICES EASTERN CASCADE DIST POLICE 00006909 OPERATING SUPPLIES FABER INDUSTRIAL SUPPLY 00000501 FIRE OPERATING SUPPLIES WATER REPAIR AND MAINTENANCE SUPPL WATER SMALL EQUIPMENT < $1000 SEWER REPAIR AND MAINTENANCE SUPPL FASTENAL COMPANY PARK RECREATION WATER 00007372 REPAIR AND MAINTENANCE SUPPL REPAIR AND MAINTENANCE SUPPL 0000058830 0000058830 64.50 260.57 CLEANING SUPPLIES CLEANING SUPPLIES ====================== TOTAL: 325.07 0000058798 5.50 WATER FOR SAMPLES ====================== TOTAL: 5.50 0000058749 322.35 REPAIR RADIO ====================== TOTAL: 322.35 0000058816 46.20 EARRINGS/NECKLACE ====================== TOTAL: 46.20 0000058888 2,039.31 MONITORS ====================== TOTAL: 2,039.31 0000058743 512.00 REVIEW PROJECT REPORT ====================== TOTAL: 512.00 0000058891 10.60 MAC LISTING ====================== TOTAL: 10.60 0000058863 51. 50 DRINKING WATER ====================== TOTAL: 51. 50 0000058717 14.72 HEX BITS 0000058752 37.31 BENCH VISES, 0000058752 990.52 BENCH VISES, 0000058752 21. 70 BENCH VISES, ====================== TOTAL: 0000058401 0000058751 1,064.25 58.24 231. 48 MISC SUPPLIES MISC SUPPLIES SUPPLIES SUPPLIES SUPPLIES DATE 8/05/11 TIME 10:41:59 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 COUNCIL MEETING OF VENDOR NO Object Description 08/09/2011 Expenditure Account P.O. Number P.O. Amount Purpose of Purchase PAGE 9 XAPPRVD ================================================================================================================== FASTENAL COMPANY 00007372 EQUIP RENTAL-OPERATI REPAIR AND MAINTENANCE SUPPL BUILD MAINT-OPERATIO REPAIR AND MAINTENANCE SUPPL FEDERAL EXPRESS ENGINEERING POSTAGE 00004667 FREEDOM TRUCK CENTERS INC 00007691 EQUIP RENTAL-OPER~TI OIL, LUBRICANTS & DEISEL EX GENERAL PACIFIC WATER 00004937 SMALL EQUIPMENT < $1000 GRAINGER PARTS OPERATIONS 00002755 BUILD MAINT-OPERATIO OPERATING SUPPLIES BUILD MAINT-OPERATIO REPAIR AND MAINTENANCE SUPPL BUILD MAINT-OPERATIO REPAIR AND MAINTENANCE SUPPL BUILD MAINT-OPERATIO REPAIR AND MAINTENANCE SUPPL BUILD MAINT-OPERATIO REPAIR AND MAINTENANCE SUPPL GRANT COUNTY ECON DEV COUNCIL 00005738 LEGISLATIVE TRAVEL & SUBSISTENCE /NON-ED GRANT COUNTY TREASURER MISC. SERVICES GRETCHEN DUREPO PARK RECREATION HEATHER MESSER PARK RECREATION 00000607 ALCOHOLISM PROGRAM 00007239 MUSEUM RESALE 00003874 MUSEUM RESALE HELENA CHEMICAL COMPANY 00006809 PARK RECREATION OPERATING SUPPLIES 0000058751 0000058751 4.39 30.06 MISC SUPPLIES MISC SUPPLIES ====================== TOTAL: 324.17 0000058791 178.52 SHIPPING CHARGES ====================== TOTAL: 178.52 0000058750 44.24 DIESEL EXHAUST FLUID ====================== TOTAL: 44.24 0000058742 431.51 VALVE BOX LIFTERS ====================== TOTAL: 431. 51 0000058753 363.05 MISC SUPPLIES 0000058753 17.43 MISC SUPPLIES 0000058753 260.26 MISC SUPPLIES 0000058753 13 .56 MISC SUPPLIES 0000058753 63.03 MISC SUPPLIES ====================== TOTAL: 717.33 0000058722 18.00 SGL LUNCHEON/REESE ====================== TOTAL: 18.00 0000058886 478.92 LIQUOR EXCISE TAX ====================== TOTAL: 478.92 0000058828 35.00 PRINT ====================== TOTAL: 35.00 0000058814 34.30 WEATHERVANE ====================== TOTAL: 34.30 0000058607 1,839.70 INDUCE/GLY STAR PRO/MSM DATE 8/05/11 TIME 10:41:59 NAME OF VENDOR Department CITY OF MOSES LAKE TABULATION OF CLAIMS TO BE APPROVED COUNCIL MEETING OF VENDOR NO Object Description 08/09/2011 Expenditure Account P.O. Number P.O. Amount Purpose of Purchase PAGE 10 XAPPRVD ================================================================================================================== IDENTITY LINKS STORM WATER JERRYS AUTO SUPPLY 00006944 OPERATING SUPPLIES 00005835 PARK RECREATION REPAIR AND MAINTENANCE SUPPL STORM WATER REPAIR AND MAINTENANCE SUPPL EQUIP RENTAL-OPERATI REPAIR AND MAINTENANCE SUPPL KATHERINE L KENISON LEGAL/JUDICIAL KENNETH A GOODRICH PARK RECREATION 00006980 PROFESSIONAL SERVICES 00005639 MUSEUM RESALE LAD IRRIGATION COMPANY INC 00001101 PARK RECREATION LAKESIDE DISPOSAL SANITATION FDND LAURA MAYER PARK RECREATION LEE BLACKWELL PARK RECREATION LOCALTEL COMMUNICATIONS CENTRAL SERVICES LUCILLA Z ANDERSON PARK RECREATION M 1 TANKS STORM WATER REPAIR AND MAINTENANCE SUPPL 00004080 GARBAGE CONTRACT 00007128 MUSEUM RESALE 00006687 MUSEUM RESALE 00004374 PROFESSIONAL SERVICES 00006011 MUSEUM RESALE 00003919 REPAIR AND MAINTENANCE SUPPL ====================== TOTAL: 1,839.70 0000058533 329.67 STORMWATER SUPPLIES ====================== TOTAL: 0000058737 0000058760 0000058760 329.67 19.40 24.88 507.34 FUEL CAP MISC SUPPLIES MISC SUPPLIES ====================== TOTAL: 551. 62 0000058880 6,368.00 PROF SERV/CITY ATTY ====================== TOTAL: 6,368.00 0000058822 59.50 WOODEN BOWL ====================== 59. so 0000058876 599.06 SPRINKLER ====================== TOTAL: 599.06 0000058898 164,223.25 CONTRACT PAYMENT ====================== TOTAL: 164,223.25 0000058826 21. 00 LLLL POT ====================== TOTAL: 21. 00 0000058810 411.82 JEWELRY ====================== TOTAL: 411.82 0000058796 1,750.75 INTERNET SERVICE ====================== TOTAL: 1,750.75 0000058819 388.50 METAL ART ====================== TOTAL: 388.50 0000058766 55.03 RINGS/DRYWALL ADJUSTMENTS DATE 8/05/11 TIME 10:41:59 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 08/09/2011 Expenditure Account P.O. Number P.O. Amount Purpose of Purchase PAGE 11 XAPPRVD ================================================================================================================== MARV ELLESTAD PARK RECREATION MATT DASCHEL PARK RECREATION MCBOYZ CONTRACTING WATER MCCANDLISH ELECTRIC STREET 00007174 REPAIR & MAINT. OTHER (CONTR 00006955 MUSEUM RESALE 00001262 REPAIR & MAINT. OTHER (CONTR 00006469 REPAIR & MAINT. OTHER (CONTR MILLER HULL PARTNERSHIP LLP 00004507 CIVIC CENTER BUILDINGS (CONSTRUCTION) MOON SECURITY SERVICES INC 00006510 POLICE PROFESSIONAL SERVICES MOSES LAKE PROF PHARMACY 00005565 AMBULANCE SERVICE OPERATING SUPPLIES MOSES LAKE RENTAL 00003550 STREET RENTAL/LEASE OTHER EQUIPMENT MOSES LAKE SOCCER TOTS 00007063 PARK RECREATION PROFESSIONAL SERVICES MOSES LAKE STEEL SUPPLY 00001268 PARK RECREATION OPERATING SUPPLIES PARK RECREATION REPAIR AND MAINTENANCE SUPPL STREET REPAIR AND MAINTENANCE SUPPL WATER OPERATING SUPPLIES SEWER REPAIR AND MAINTENANCE SUPPL ====================== TOTAL: 55.03 0000058875 431.60 TOP SOIL ====================== TOTAL: 431. 60 0000058811 225.38 PEPPERMILLS/PENS ====================== TOTAL: 225.38 0000058800 863.20 EXCAVATE WATER METER ====================== TOTAL: 863.20 0000057747 8,200.40 TRAFFIC LOOP REPLACEMENT ====================== TOTAL: 8,200.40 0000058786 1,425.01 PROFESS SERV ML CIVIC CENTER ====================== TOTAL: 1,425.01 0000058782 38.50 MONTHLY MONITORING ====================== TOTAL: 38.50 0000058719 19.76 AMBULANCE SUPPLIES ====================== TOTAL: 19.76 0000058764 19.33 RENT WEEDEATER ====================== TOTAL: 19.33 0000058841 608.00 SOCCER TOTS PROGRAM ====================== TOTAL: 608.00 0000058850 29.39 MISC SUPPLIES 0000058850 51. 68 MISC SUPPLIES 0000058765 11.89 MISC SUPPLIES 0000058765 32.22 MISC SUPPLIES 0000058765 94.34 MISC SUPPLIES DATE 8/05/11 TIME 10:41:59 PAGE 12 XAPPRVD CITY OF MOSES LAKE TABULATION OF CLAIMS TO BE APPROVED COUNCIL MEETING OF NAME OF VENOOR Department VENOOR NO Object Description 08/09/2011 Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ================================================================================================================== MULTI AGENCY COMM CENTER E911 00006695 POLICE PROFESSIONAL SERVICES NATIONAL ASSOCIATION OF SCHOOL 00005231 POLICE REGISTRATION & MEMBERSHIPS NORTH CENTRAL WASHINGTON FENCE 00006902 PARK RECREATION PARK RECREATION OPERATING SUPPLIES REPAIR AND MAINTENANCE SUPPL NORTHENO TRUCK EQUIPMENT INC 00005274 EQUIP RENTAL-OPERATI LEASE PURCHASE DEFERRING TO NORTHERN ENERGY 00005570 EQUIP RENTAL-OPERATI GAS-PROPANE-FUEL OASIS AUTO SPA 00004834 EQUIP RENTAL-OPERATI OPERATING SUPPLIES OLIVER PETER-CONTESSE 00006533 PARK RECREATION MUSEUM RESALE OXARC INC 00001412 WATER OPERATING SUPPLIES STORM WATER OPERATING SUPPLIES PINNACLE PUBLIC FINANCE INC 00005179 EQUIP RENTAL-DEBT SR PRINCIPAL CAPITAL LEASE EQUIP RENTAL-DEBT SR INTEREST ON CAPITAL LEASES/I PIPKIN CONSTRUCTION ENGINEERING 00004671 WATER SEWER CONSTRUC CIP-SEWER PROJECTS ====================== TOTAL: 219.52 0000058862 34,888.40 USER FEE ====================== TOTAL: 34,888.40 0000058783 40.00 MEMBERSHIP ====================== TOTAL: 0000058688 0000058688 40.00 569.91 88.48 MISC SUPPLIES MISC SUPPLIES ====================== TOTAL: 658.39 0000056794 24,643.28 SANDERS & DUMP BODY EQ RENTAL ====================== TOTAL: 24,643.28 0000058829 20.06 PROPANE ====================== TOTAL: 20.06 0000058769 1,770.00 CAR WASHES ====================== TOTAL: 1,770.00 0000058823 142.10 BOWL/JEWELRY ====================== TOTAL: 142.10 0000058768 115.60 MISC SUPPLIES 0000058768 13.57 MISC SUPPLIES ====================== TOTAL: 0000058726 0000058726 129.17 10,305.62 1,183.70 #37 LEASE PYMT/AUG #37 LEASE PYMT/AUG ====================== TOTAL: 0000058885 0000058885 11,489.32 -187.50 188,608.04 PE 3 LNGVW TRCTS SWR 2011 PE 3 LNGVW TRCTS SWR 2011 DATE 8/05/11 TIME 10:41: 59 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 08/09/2011 Expenditure Account P.O. Number P.O. Amount Purpose of Purchase PAGE 13 XAPPRVD ================================================================================================================== PLATEAU ARCHAEOLOGICAL INVEST 00006937 PARKS FEES IMPROVE/ OTHER THAN BUILDING PNC EQUIPMENT FINANCE LLC 00007085 EQUIPMENT LEASES PRINCIPAL CAPITAL LEASE EQUIPMENT LEASES INTEREST ON CAPITAL LEASES/I EQUIP RENTAL-DEBT SR PRINCIPAL CAPITAL LEASE EQUIP RENTAL-DEBT SR INTEREST ON CAPITAL LEASES/I PROGRESSIVE MEDICAL INTL 00006656 AMBULANCE SERVICE OPERATING SUPPLIES PUD OF GRANT COUNTY 00001501 LIBRARY UTILITY EXPENSE / ELECTRICIT ENGINEERING UTILITY EXPENSE / ELECTRICIT PARK RECREATION UTILITY EXPENSE / ELECTRICIT PARK RECREATION UTILITY EXPENSE / ELECTRICIT PARK RECREATION UTILITY EXPENSE / ELECTRICIT PARK RECREATION UTILITY EXPENSE / ELECTRICIT PARK RECREATION UTILITY EXPENSE / ELECTRICIT PARK RECREATION UTILITY EXPENSE / ELECTRICIT PARK RECREATION UTILITY EXPENSE / ELECTRICIT PARK RECREATION UTILITY EXPENSE / ELECTRICIT PARK RECREATION UTILITY EXPENSE / ELECTRICIT PARK RECREATION UTILITY EXPENSE / ELECTRICIT PARK RECREATION UTILITY EXPENSE / ELECTRICIT ====================== TOTAL: 188,420.54 0000058859 4,675.00 CULTURAL SURVEY LWR PEN IRRIG ====================== TOTAL: 4,675.00 0000058725 104.16 #36 LEASE PYMT/AUG 0000058725 13.81 #36 LEASE PYMT/AUG 0000058725 14,360.97 #36 LEASE PYMT/AUG 0000058725 1,904.33 #36 LEASE PYMT/AUG ====================== TOTAL: 16,383.27 0000058837 705.02 AMBULANCE SUPPLIES ====================== TOTAL: 705.02 0000058902 624.77 ELECTRIC SERVICE 0000058902 13.94 ELECTRIC SERVICE 0000058792 856.87 ELEC SERV/MONTLAKE IRRIG 0000058902 493.90 ELECTRIC SERVICE 0000058902 4,701. 67 ELECTRIC SERVICE 0000058902 556.33 ELECTRIC SERVICE 0000058902 794.91 ELECTRIC SERVICE 0000058902 61.26 ELECTRIC SERVICE 0000058902 1,474.29 ELECTRIC SERVICE 0000058902 18.21 ELECTRIC SERVICE 0000058902 481. 78 ELECTRIC SERVICE 0000058902 128.50 ELECTRIC SERVICE 0000058902 24.07 ELECTRIC SERVICE DATE 8/05/11 PAGE 14 TIME 10: 41: 59 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 COUNCIL MEETING OF NAME OF VENDOR Department VENDOR NO Object Description 08/09/2011 Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ================================================================================================================== POLICE POLICE FIRE PARKS/STREET STREET WATER SEWER AIRPORT BUILD MAINT-OPERATIO BUILD MAINT-OPERATIO BUILD MAINT-OPERATIO CIVIC CENTER PDMPTECH INC SEWER PURCHASE POWER CENTRAL SERVICES QCL INC POLICE QUILL CORPORATION UTILITY EXPENSE / ELECTRICIT UTILITY EXPENSE / ELECTRICIT UTILITY EXPENSE / ELECTRICIT UTILITY EXPENSE / ELECTRICIT UTILITY EXPENSE / ELECTRICIT UTILITY EXPENSE / ELECTRICIT UTILITY EXPENSE / ELECTRICIT UTILITY EXPENSE / ELECTRICIT UTILITY EXPENSE / ELECTRICIT UTILITY EXPENSE / ELECTRICIT UTILITY EXPENSE / ELECTRICIT BUILDINGS (CONSTRUCTION) 00007639 REPAIR AND MAINTENAMCE SUPPL 00001513 OPERATING SUPPLIES 00006542 PROFESSIONAL SERVICES 00004811 STREET OFFICE SUPPLIES WATER OFFICE SUPPLIES SEWER OFFICE SUPPLIES EQUIP RENTAL-OPERATI OFFICE SUPPLIES BUILD MAINT-OPERATIO OFFICE SUPPLIES 0000058902 48.97 ELECTRIC SERVICE 0000058902 39.97 ELECTRIC SERVICE 0000058902 753.56 ELECTRIC SERVICE 0000058902 131. 80 ELECTRIC SERVICE 0000058902 799.66 ELECTRIC SERVICE 0000058902 30,350.96 ELECTRIC SERVICE 0000058902 10,564.50 ELECTRIC SERVICE 0000058902 86.17 ELECTRIC SERVICE 0000058902 952.43 ELECTRIC SERVICE 0000058902 994.36 ELECTRIC SERVICE 0000058902 771.80 ELECTRIC SERVICE 0000058902 23,262.00 ELECTRIC SERVICE ====================== TOTAL: 78,986.68 0000058770 70.48 IMPELLER CORKSCREW ====================== TOTAL: 70.48 0000058795 80.91 POSTAGE MACH INK ====================== TOTAL: 80.91 0000058721 59.25 PRE-EMPLOY SCREEN ==================~=== TOTAL: 0000058799 0000058799 0000058799 0000058799 0000058799 59.25 16.80 16.80 16.81 16.81 16.81 VIEW BINDERS VIEW BINDERS VIEW BINDERS VIEW BINDERS VIEW BINDERS DATE 8/05/11 TIME 10:41:59 NAME OF VENDOR Department CITY OF MOSES LAKE TABULATION OF CLAIMS TO BE APPROVED COUNCIL MEETING OF VENDOR NO Object Description 08/09/2011 Expenditure Account P.O. Number P.O. Amount Purpose of Purchase PAGE 15 XAPPRVD ~================================================================================================================= ====================== TOTAL: 84.03 QWEST 00001502 PARK RECREATION TELEPHONE 0000058804 145.30 TELEPHONE SERVICE PARK RECREATION TELEPHONE 0000058805 39.78 TELEPHONE SERVICE FIRE TELEPHONE 0000058805 415.45 TELEPHONE SERVICE STREET TELEPHONE 0000058805 202.44 TELEPHONE SERVICE WATER TELEPHONE 0000058805 238.67 TELEPHONE SERVICE SEWER TELEPHONE 0000058805 71.36 TELEPHONE SERVICE AIRPORT TELEPHONE 0000058804 41. 94 TELEPHONE SERVICE AMBULANCE SERVICE TELEPHONE 0000058805 39.78 TELEPHONE SERVICE CENTRAL SERVICES TELEPHONE 0000058805 2,622.36 TELEPHONE SERVICE ====================== TOTAL: 3,817.08 QWEST BUSINESS SERVICES 00003599 EXECUTIVE TELEPHONE 0000058803 8.00 LONG DISTANCE SERVICE FINANCE TELEPHONE 0000058803 8.00 LONG DISTANCE SERVICE COMMUNITY DEVELOPMEN TELEPHONE 0000058803 50.00 LONG DISTANCE SERVICE ENGINEERING TELEPHONE 0000058803 50.00 LONG DISTANCE SERVICE PARK RECREATION TELEPHONE 0000058803 20.00 LONG DISTANCE SERVICE POLICE TELEPHONE 0000058803 70.00 LONG DISTANCE SERVICE FIRE TELEPHONE 0000058803 23.38 LONG DISTANCE SERVICE STREET TELEPHONE 0000058803 10.00 LONG DISTANCE SERVICE WATER TELEPHONE 0000058803 10.85 LONG DISTANCE SERVICE SEWER TELEPHONE 0000058803 8.00 LONG DISTANCE SERVICE WATER/BILLING TELEPHONE 0000058803 8.00 LONG DISTANCE SERVICE DATE 8/05/11 TIME 10:41:59 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 08/09/2011 Expenditure Account P.O. Number P.O. Amount Purpose of Purchase PAGE 16 XAPPRVD ~================================================================================================================= SEWER/BILLING TELEPHONE AMBULANCE SERVI CE TELEPHONE CENTRAL SERVICES TELEPHONE EQUIP RENTAL-OPERATI TELEPHONE BUILD MAINT-OPERATIO TELEPHONE REDDY ICE PARK RECREATION 00004329 CAMPGROUND RESALE RELIABLE OFFICE PRODUCTS 00003702 EXECUTIVE ROYAL ORGANIC PRODUCTS SANITATION FUND ROYCE ROLLS RINGER PARK RECREATION RUTH GRIGG PARK RECREATION OPERATING SUPPLIES 00007187 LANDFILL DUMPING FEES 00004390 R&M-MAJOR PROJECTS 00006319 MUSEUM RESALE SAN DIEGO POLICE EQUIPMENT 00007332 POLICE OPERATING SUPPLIES SARA HOFER PARK RECREATION SCHAEFFER MFG COMPANY SEWER SCOTT HUTSELL PARK RECREATION SELLAND CONSTRUCTION 00007237 MUSEUM RESALE 00003823 OIL, LUBRICANTS & DEISEL EX 00004130 MUSEUM RESALE 00004220 0000058803 0000058803 0000058803 0000058803 0000058803 8.00 11.67 71.52 8.00 8.00 LONG DISTANCE SERVICE LONG DISTANCE SERVICE LONG DISTANCE SERVICE LONG DISTANCE SERVICE LONG DISTANCE SERVICE ====================== TOTAL: 373.42 0000058395 611.60 ICE RESALE ====================== TOTAL: 611.60 0000058790 10.68 STENO BOOKS ====================== TOTAL: 10.68 0000058892 2,989.50 TIPPING FEES ====================== TOTAL: 2,989.50 0000058877 826.54 SOAP DISPENSER ====================== TOTAL: 826.54 0000058812 47.09 SOAPS ====================== TOTAL: 47.09 0000058861 1,383.75 AMMUNITION ====================== TOTAL: 1,383.75 0000058817 88.20 SOAPS/APRONS ====================== TOTAL: 88.20 0000058775 1,341. 00 OIL DRUMS ====================== TOTAL: 1,341.00 0000058818 56.70 WOOD BOXES ====================== TOTAL: 56.70 DATE 8/05/11 TIME 10:41:59 PAGE 17 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 elL M E E TIN G 0 F NAME OF VENDOR Department VENDOR NO Object Description 08/09/2011 Expenditure Account P.O. Number P.O. Amount Purpose of Purchase ================================================================================================================== WATER SEWER CONSTRUC CIP-SEWER PROJECTS SHERWIN-WILLIAMS PARK RECREATION SHIRTBUILDERS INC POLICE SPECIALTY WELDING INC EQUIP RENTAL-OPERATI SPECTRUM COMMUNICATIONS POLICE 00006229 OPERATING SUPPLIES 00004022 OPERATING SUPPLIES 00006084 REPAIR & MAINT. EQUIP. 00002691 REPAIR & MAINT. EQUIP. STATE AUDITORS OFFICE 00003249 FINANCE PROFESSIONAL SERVICES SUNTRUST 00007361 AMBULANCE DEBT SERVI PRINCIPAL CAPITAL LEASE (CONT (CONT AMBULANCE DEBT SERVI INTEREST ON CAPITAL LEASES/I EQUIP RENTAL-DEBT SR PRINCIPAL CAPITAL LEASE EQUIP RENTAL-DEBT SR INTEREST ON CAPITAL LEASES/I SWANK MOTION PICTURES INC 00008015 TOURISM ACTIVITIES TEAM CONSTRUCTION -EFT CIVIC CENTER THE LIFEGUARD STORE PARK RECREATION TYCO INC PARK RECREATION PROFESSIONAL SERVICES 00008025 BUILDINGS (CONSTRUCTION) 00007072 OPERATING SUPPLIES 00004451 OPERATING SUPPLIES 0000058881 221,595.15 PEl COF IMPROVEMENTS 2011 ====================== TOTAL: 221,595.15 0000058856 335.30 MISC SUPPLIES ====================== TOTAL: 335.30 0000058860 305.37 UNIFORMS ====================== TOTAL: 305.37 0000058774 300.24 WELDING MATERIAL ====================== TOTAL: 300.24 0000058715 384.12 REPAIRS ====================== TOTAL: 384.12 0000058794 4,979.82 PROF SERVICE/AUDIT ====================== TOTAL: 4,979.82 0000058723 2,324.69 #34 LEASE PYMT/AUG 0000058723 116.57 #34 LEASE PYMT/AUG 0000058723 14,059.02 #34 LEASE PYMT/AUG 0000058723 704.99 #34 LEASE PYMT/AUG ====================== TOTAL: 17,205.27 0000058874 346.36 MOVIE IN PARK/DESPICABLE ME ====================== TOTAL: 346.36 0000058833 548,526.55 PAY ESTIMATE ML CIVIC CENTER ====================== TOTAL: 548,526.55 0000058757 24.00 RIVITS FOR BACKBOARD ====================== TOTAL: 24.00 0000058735 26.39 WET-SOL GRO DATE 8/05/11 TIME 10:41:59 NAME OF VENDOR Department CITY OF MOSES LAKE TABULATION OF CLAIMS TO BE APPROVED C 0 U N C I L M E E TIN G 0 F VENDOR NO Object Description 08/09/2011 Expenditure Account P.O. Number P.O. Amount Purpose of Purchase PAGE 18 XAPPRVD ================================================================================================================== VALLEY ATHLETICS PARK RECREATION PARK RECREATION 00006626 OPERATING SUPPLIES OPERATING SUPPLIES WA CITIES INSURANCE AUTHORITY 00006720 SELF-INSURANCE JUDGEMENTS AND DAMAGES WA ST CRIMINAL JUSTICE TRNG 00003831 POLICE REGISTRATION & MEMBERSHIPS WEAVER EXTERMINATING SERVICE 00004290 WATER REPAIR & MAINT. BUILDING ICO WEINSTEIN BEVERAGE COMPANY 00005990 BUILD MAINT-OPERATIO OPERATING SUPPLIES WENATCREE VALLEY CLINIC POLICE ZIGGYS #13 STREET 00005813 PROFESSIONAL SERVICES 00006567 REPAIR AND MAINTENANCE SUPPL ====================== TOTAL: 0000058617 0000058617 26.39 299.43 299.42 MARKING DUST MARKING DUST ====================== TOTAL: 598.85 0000058887 13,064.44 INSURANCE DEDUCT ====================== TOTAL: 13,064.44 0000058713 100.00 REGISTRATION ====================== TOTAL: 100.00 0000058777 69.06 RODENT CONTROL ====================== TOTAL: 69.06 0000058776 1,046.63 PAPER PRODUCTS ====================== TOTAL: 1,046.63 0000058780 162.23 PRE EMPLOYMENT ====================== TOTAL: 162.23 0000058778 6.04 GLUE ====================== TOTAL: 6.04 ====================== REPORT TOTAL: 2,735,280.34 DATE 8/05/11 TIME 10:42:01 TOTALS BY FUND FUND NO --------- 000 102 103 116 119 150 275 281 284 285 410 477 483 486 490 493 495 498 499 503 517 519 528 611 CITY OF MOSES LAKE TABULATION OF CLAIMS TO BE APPROVED COUNCIL MEETING OF 08/09/2011 FUND NAME AMOUNT ---------------------------------------------------- GENERAL FUND 101,255.77 TOURISM ACTIVITIES 346.36 GRANTS AND DONATIONS 3,055.90 STREET 15,724.19 STREET REPR/RECON 133,581.36 PARKS FEES 4,675.00 EQUIPMENT LEASES 898.21 G.O.B. 2006 REDEMPTION 290,278.11 1998 REFUNDING GOB 95,176.72 2002 REFUNDING BONDS 266,432.87 WATER/SEWER 49,226.26 WATER SEWER CONSTRUCTION 430,524.05 W/S LEASES 562.19 G.O.B. 2006 REDEMPTION 58,055.64 SANITATION FUND 180,232.24 STORM WATER 225,031. 58 AIRPORT 303.11 AMBULANCE SERVICE FUND 976.32 AMBULANCE DEBT SERVICE 2,441.26 SELF-INSURANCE 13,064.44 CENTRAL SERVICES 9,772.70 EQUIPMENT RENTAL 109,797.21 BUILD MAINTENANCE 743,728.47 FIREMANS PENSION 140.38 TOTALS PAGE XAPPRVD DATE 8/05/11 TIME 10:42:01 CITY OF MOSES LAKE TABULATION OF CLAIMS TO BE APPROVED C 0 U N C I L M E E TIN G 0 F TOTALS BY FUND FUND NO FUND NAME TOTAL CHANGES TO BE MADE SHOULD BE LISTED BELOW VEND NO. P.O. NO. AMT LISTED CORRECT AMOUNT TO BE PAID 08/09/2011 AMOUNT 2,735,280.34 CORRECTED AMT ACTION TO BE TAKEN TOTALS PAGE XAPPRVD ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * I< * * * ** * 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 $2,735,280.34 THIS 9TH DAY OF AUGUST, 2011 * * * * * * * • COUNCIL MEMEER * * * * COUNCIL MEMBER COUNCIL MEMBER FINANCE DIRECTOR * * * * * ** * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * ** August 1, 2011 Honorable Mayor and Moses Lake City Council Dear Council Members CITY OF HOSES LAKE Attached is a resolution accepting a grant from the Department of Transportation, Aviation Division. The funds will be used for the purchase of a security camera at the Municipal Airport. The resolution is presented for Council consideration. Respectfull 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 Recitals: RESOLUTION NO. A RESOLUTION ACCEPTING A GRANT FROM THE DEPARTMENT OF TRANSPORTATION, AVIATION DIVISION 1. The Washington State Department of Transportation, Aviation Division, has approved a $4,500 grant to the City of Moses Lake. 2. The funds are to be used for the purchase of security camera at the Municipal Airport. 3. The grant requires that the city participate in the grant in the amount of $500. Resolved: 1. That the grant from the Washington State Department of Transportation, Aviation Division is accepted. Adopted by the City Council on August 9, 2011. Jon Lane, Mayor ATTEST: Ronald R. Cone, Finance Director ._.~. ___ J-.. VJQiJj}) j j;CfJ,JIJ. __ o.!!pR TtLI:d.;ti~_ ... $ f ttJk: ___ j:_Q_jllL_h})f}E~fJtl~oP} __ o r _t&./i!S!tN 1..._ _ CQ.<H:!1 i _.E'!li f(.?>Q<,o.0J~JJ>.$_i5 ? LI~_.A.t_1 Jj E_!."H, tt. . c;;Jtt ____ ~d ,nv c.; i 2 § 41!._~~ ___ ~ AJ __ A CL3._,-_2_7fI ; L. _ J_j~~~_,, __ ~DiIJJJ ts._ _ __________ _ ... ____ . ____ .. __ -__________ -:s;~)j~ ____ -S~L11/ ________ . 765-Ycrbg ._---------------------- ----------- August 4, 2011 TO: City Manager for Council Consideration FROM: Community Development Director SUBJECT: Ordinance -Amend 18.58 -Signs - 2 nd Reading Attached is an ordinance which creates a signage standard for a "Wheeler Corridor Heavy Industrial Area", which is located east of Road L and zoned Heavy Industrial. The proposed changes establish a standard for signage in the Wheeler Corridor Heavy Industrial Area that is the same as the Freeway and Freeway Interchange standards. This will allow greater signage area and height in that area. The ordinance is presented for Council consideration. This is the second reading of the ordinance. Respectfully submitted GUbert~ Community Development Director GA:jt ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18.58 OF THE MOSES LAKE MUNICIPAL CODE ENTITLED "SIGNS" THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON ORDAINS AS FOLLOWS: Section 1. Chapter "*" of the Moses Lake Municipal Code entitled "*" is amended as follows: 18.58.020 Definitions: A. Abandoned Sign: means a sign which no longer serves its intended purpose. B. Architectural Appendage Sign: means a building sign that is suspended from, attached to, applied to, or part of an awning, marquee, false mansard, canopy, or similar projection from the exterior walls of a building. C. Billboard: means an off-site sign that is substantial in size and construction, usually is owned by an outdoor advertising company, and contains advertising space that is for rent or lease. D. Building: means an enclosed structure for a use or occupancy. E. Building Sign: means any sign that is attached or applied to, mounted on, suspended from, painted on, or part of the exterior of a building or architectural appendage, including the roof and facade. F. Cabinet Sign: means a sign enclosure which has access for the replacement of one (1) or more sign faces and lamps, if internally-illuminated. G. Changeable Copy Sign: means a sign that is designed to easily rotate or alternate messages by mechanical means. Examples of changeable copy signs are reader boards with removable letters. H. Community Sign: means a temporary sign that promotes, celebrates, or commemorates a community event, public awareness, community service, holiday season, or similar public function. I. Construction Sign: means a temporary standing or portable sign that is non-illuminated. A construction sign provides information about a construction project. J. Directional Sign: means a sign which only identifies a business or activity and directs traffic to that business or activity. K. Directory Sign: means a sign that has space which is limited to the name, address, and logo of the developed site and the names, addresses, and logos of several on-site businesses, organizations, or facilities. L. Double-Face Sign: means two (2) sign faces which are identical in size and message and either are displayed back-to-back or within 30 0 interior angle. M. Electronic Sign: means an on-premise advertising sign having a signboard display that can be changed by an electrical, electronic, or computerized process. N. Facade: means one (1) or more exterior walls of a building that face one (1) direction, including parapets and openings such as doors and windows. O. Flashing Sign: means a sign that has external or internal lighting which changes intensity, rotates, animates, travels, or switches on and off in a blinking manner. Examples of such lighting are lamp banks with blinking ortraveling messages, traveling arrows and revolving beacons. P. Free-Standing Sign: means a sign that has vertical support which is permanently anchored in the ground. Examples are pole (or pylon), post, and monument signs. Q. Freeway Interchange Sign: means a free-standing sign that is intended to attract the attention of traffic entering or exiting an Interstate 90 interchange. A freeway interchange sign is located within one thousand five hundred feet (1,500') of the interchange as measured from the centerline of Interstate 90 right-of-way and the intersecting right-of-way centerline. R. Freeway Sign: means a free-standing sign that is intended to attract the attention of traffic on Interstate 90. A freeway sign is located within two hundred fifty feet (250') of Interstate 90 right-of-way. S. Garage Sale Sign: means a temporary sign for the sale of household items. T. Home Occupation Sign: means an on-site sign that advertises a home occupation as defined in Section 18.55.020 of this title. U. Incidental Sign: means a non-illuminated, on-site, convenience sign. Examples of incidental signs are credit card, telephone, and restroom signs. v. Monument Sign: means a free-standing sign in the shape of a monolith. Usually the sign is vertically supported on a base which is on a pedestal, but the sign may be a pole- covered sign. A monument sign is intended to be viewed at eye level. w. Non-Conforming Sign: means a permanent sign that was lawfully erected, installed, or otherwise displayed according to the applicable Grant County or city zoning regulations, but does not conform to the sign regulations of this chapter. x. Off-Site Sign: means a sign that is not related to an activity that is on the same site as the sign, or the sign is on a vacant site. Y. Official Sign or Legal Notice: means an official sign or legal notice issued by a court, public agency, or as authorized by law or federal, county, or city authority. z. On-Site Sign: means a sign that is related to an activity that is on the same site as the sign. AA. Permanent Sign: means any sign which is not a temporary sign as defined in Section 18.58.020.00. BB. Pole (or Pylon) Sign: means a free-standing sign on one (1) or more upright supports in a foundation. The upright supports may be covered for aesthetic purposes. A pole sign is the same as a pylon sign. CC. Portable Sign: means a sign that either is a sign structure or is part of or affixed to a sign structure that is designed to be movable. DO. Private Warning/Directional Sign: means a permanent, portable, or temporary sign that is erected for a private purpose such as KEEP OUT, NO TRESPASSING, RIGHT TURN ONLY, STOP, SECURITY ALARM, or NO DUMPING. EE. Projecting Sign: means a type of building sign that either is: 1) mounted at right angle to a facade; 2) suspended under an architectural appendage and at right angle to a facade; or 3) a wall sign that extends eighteen (18) or more horizontal inches from the facade. FF. Public or Recreational Identification Sign: means a sign for a public or semi-public facility or area. Examples of such signs are park, school, or hospital signs. GG. Real Estate Sign -Other: means a sign that either advertises a parcel or lot of non- residential land, or the buildings thereon, or both which is for sale, lease, or rent. HH. Real Estate Sign -Residential Lot: means a sign that either advertises a parcel or lot of residential land, or the buildings thereon, or both which is for sale, lease, or rent. Residential land includes land that is vacant and within a residential zone or land that is in residential use, regardless of zone. II. Residential Identification Sign: means a sign that identifies a residential subdivision, planned residential development, neighborhood, condominium development, manufactured home park, multi-family residential development, or similar residential developments. JJ. Residential Subdivision Sign: means a sign which advertises the sale of lots in a residential subdivision, parcels in a manufactured home binding site plan, or lots in a residential planned development. KK. Right-Of-Way: means a corridor which either is reserved for or contains a public street, road, alley, pathway, highway, or freeway. LL. Roof Sign: means a building sign that is mounted on the roof of a building as defined in this section. A roof sign does not project beyond the vertical planes of the building facades. MM. Sandwich Board Sign: means a portable sign that is A-frame, does not exceed four feet (4') in height or two feet (2') in width, and is non-illuminated. NN. Sign: means a visual message that is displayed to attract the outdoor attention of the general public. A sign may be: 1) advertising of a generic or specific product, item, or service; 2) a promotion of an activity or event; 3) any other implicit or explicit message which informs, alerts, directs attention to, or warns; 4) the name of a business, building, place, or organization; or 5) any combination of advertising, promotion, other message, or name. A sign may consist of, but is not limited to words, pictures, drawings, logos, symbols, other graphics, border, trim, frame, cabinet, background, space, material, or devices which are integral to the visual message. A sign may contain multiple visual messages which are related in content and proximity. 00. Sign Face: means one dimension of a sign that contains the visual message. PP. Sign Height: means the vertical distance as measured from finished grade at the base of a sign or sign structure to the top of the sign. QQ. Sign Structure: means the horizontal and vertical support for a sign. RR. Site: means either: 1) a parcel of unplatted land, a parcel in a binding site plan, a tract, or a lot in a subdivision; or 2) two (2) or more contiguous parcels, tracts, or lots under one (1) ownership without intervening right-of-way and identified or delineated as one (1) development site; or 3) two (2) or more contiguous parcels, tracts, or lots under different ownerships, without intervening right-of-way, and identified or delineated as one (1) development site. 55. Street Frontage: means that portion of a site boundary that borders one or more streets as defined in Section 18.06.590. TT. Temporary Sign: means a sign affixed to, applied on, or made from lightweight material, with or without a frame or backing which is designed to be displayed for a limited time. Examples of lightweight materials are vinyl, cardboard, card stock, corrugated plastic, and fabric. UU. Traffic Control Sign: means any permanent or temporary traffic control, traffic signal, or construction sign that is subject to: 1) the latest edition of the Standard Specifications for Road, Bridge, and Municipal Construction as published by the Washington State Department of Transportation in conjunction with the Washington State Chapter of the American Public Works Association, as amended by the City of Moses Lake Community Street and Utility Standards; and 2) the Manual on Uniform Traffic Control Devices. W. Vehicle Sign: means a sign that is affixed or painted on a vehicle which is primarily used for transportation rather than parked for the purpose of displaying the sign. WW. Wall Sign: means a building sign that is painted or flush-mounted on a facade, fascia, or architectural appendage, less than eighteen inches (18") horizontal projection. XX. Wheeler Corridor Heavy Industrial Area: means the area within Citv limits, located east of Road L and zoned Hevy Industrial. YY Window or Door Sign: means a building sign that is suspended or mounted flush with an exterior window, or painted on a window or door, and directed outside. 18.58.030 Sign Regulations: A. Only a sign as defined in Section 18.58.020.MM is subject to the provisions of this chapter. B. A sign type that is listed "A" in the following table is allowed to be displayed, subject to the applicable sign regulations listed in this section and in the table. C. A sign type that is listed "P" in the following table is prohibited from display, unless it is a non-conforming sign as provided in Section 18.58.090. D. A sign type that is listed "E" in the following table is exempt from the provisions of this chapter. E. A sign type that is not listed in the following table is not allowed to be displayed. F. A sign shall comply with applicable provisions of the State Building Code and Chapter 16.02 of this code entitled Building Permits. G. A sign is subject to Chapter 8.14 of this code entitled Nuisances. H. State law (RCW 70.54.090) prohibits the attachment of a sign to a utility pole. I. No sign is allowed on or over right-of-way except as approved by City Council for city streets. No sign is allowed within right-of-way of the interstate or primary system where there are no curbs. A sign may be allowed within right-of-way of the primary system where there are curbs and other streets, subject to the following conditions and circumstances: 1. A projecting sign is allowed over a sidewalk in right-of-way in the C-1 Zone and in the C-2 Zone where the building is not set back from right-of-way, provided that the sign does not project more than eighty percent (80%) of the distance between the right-of- way line and back of curb line, and there is a minimum of eight feet (8') vertical clearance under the sign 2. A political sign is allowed in right-of-way subject to the remainder of the applicable sign regulations in this section and in the following table. J. No permanent sign is allowed on or over a public utility easement. K. A permanent sign may be allowed over but not on a municipal easement, upon approval by the Municipal Services Director. L. Every sign shall be maintained in a safe and secure manner. A torn, broken, hazardous, dilapidated, or outdated sign, as determined by the Building Official, shall be repaired, replaced, or removed. M. The City Engineer shall review each application for a sign permit for sight distance. The City Engineer shall consider whether a sign would be located or constructed so as to obscure or obstruct an official traffic sign, signal, or device, or obstruct a motorist's view of approaching, merging, or intersecting traffic before approving or disapproving the application. N. Internal or external sign lighting shall be shaded, hooded, site screened, or directed so that the light's intensity or brightness shall neither adversely affect adjacent or nearby property, nor create a public nuisance, nor create a traffic hazard. O. A sign may be located within the front or exterior yard (as defined in sections 18.06.630 and 18.06.650 of this title) but shall not be located in the interior side or rear yard (as defined in sections 18.06.650 and 18.06.640 of this title). P. Where electronic signs are allowed, the following conditions apply: 1. The message shall have a static display time of at least two (2) seconds after moving on to the signboard, with all segments of the total message to be displayed within ten (10) seconds. 2. Displays may travel horizontally or scroll vertically onto electronic signboards, but must hold in a static position for two (2) seconds after completing the travel or scroll. 4. Electronic signs requiring more than four (4) seconds to change from one (1) single message display to another shall be turned off during the change interval. 5. No electronic sign lamp may be illuminated to a degree of brightness that is greater than necessary for adequate visibility. In no case may the brightness exceed eight thousand (8,000) nits or equivalent candelas during daylight hours, or one thousand (1,000) nits (illuminative brightness measurement),or equivalent candelas between dusk and dawn. Signs found to be too bright shall be adjusted as directed by the City of Moses Lake. 6. Minimum height for the sign shall be thirteen feet (13') from grade of the adjacent roadway to the bottom of sign. 7. The sign background shall not be white in color. White lights shall not be used as the sign background. 8. Businesses, churches, or schools are allowed changeable signs providing that changeable displays in residential zones shall be turned off between the hours of 10 p.m. and 7 a.m. Q. No sign shall be erected or maintained if it is visible from the main traveled way of the interstate or primary system except as permitted by Washington Administrative Code Chapter 468-66 entitled HIGHWAY ADVERTISING CONTROL ACT or Revised Code of Washington Chapter 47.42 entitled HIGHWAY ADVERTISING CONTROL ACT -SCENIC VISTAS ACT. R. Signs constructed of temporary sign materials, as defined in Section 18.58.010.TT, shall not be used as a permanent sign. Any sign that does not currently meet this standard must be removed within ninety (90) days. SIGN REGULATIONS Sign Type Prohibited, Maximum Sign Maximum Sign Other Sign Regulations Allowed, or Height Sign Area Permit Exempt Abandoned P NA NA NA NA Architectural A Sign may be see Building sign R Sign allowed only in commercial Appendage flush-mounted and industrial zones. If the sign or suspended is suspended, there shall be at un d e r the least 8' clearance above grade. architectural appendage Billboard P NA NA NA NA Building See specific See specific The total area of S e e Sign allowed in commercial, types of types of building building signs specific industrial, agricultural, and building signs shall not exceed types of municipal airport zones. signs 25% of the overall building Allowed in R-3 Zone on a site area of each signs with a conditional use, with facade. None of review and approval of the this allowance is Planning Commission according trar.sferab!e from to Section 18.58.110 of this one facade to chapter. another facade. No individual building sign shall exceed 15% of the overall area of a facade. Changeable Copy A 25' for Free-See Building, R Sign allowed only in commercial standing, Freeway or and industrial zones. Freeway or F reeway Freeway Interchange, Free- Interchange standing, or sign, or wall Temporary Free- height for Wall standing or sign Portable sign Community A See Building or See Building, R if free-Sign allowed only in commercial, Free-standing Free-standing, standing industrial, and public zones. signs. and Temporary sign; NR if Sign shall be temporary. Free-standing or building Portable signs for sign other sign area regulations. Sign Type Prohibited, Maximum Sign Maximum Sign Other Sign Regulations Allowed, or Height Sign Area Permit Exempt Construction A 8' 32 sq. ft. per NR Sign may be erected a street frontage per maximum of 30 days prior to construction site start of construction, and shall be removed within 30 days after the end of construction. Sign shall be non-illuminated. Limited to one sign per street frontage per site. Dilapidated or P NA NA NA NA hazardous condition as determined by Building Official Directional A 6' for Free-8 sq. ft. per sign R Sign allowed only in commercial standing sign; and industrial zones same as for Wall sign. Directory A Same as for See Building, R Sign allowed only in commercial Free-standing, Freeway or and industrial zones, or on a site and Freeway or Freeway with a conditional use in the R~3 Freeway Interchange, or Zone. Prior to issuance of a Interchange Free~standing sign permit, a sign for a sign sign conditional use in the R-3 Zone shall require Planning Commission review and approval according to Section 18.58.110 of this chapter. Electronic A 25' 50 sq. ft. per site.:... R Sign allowed only in Area of electronic Commercial, Industrial, and signs is included Public Zones. Additional wit h i n the requirements for electronic signs maximum area are found in Section 18.58.030, allowed for free-Sign Regulations. Electronic standing or signs must also meet the building signage reguirements for the t:r12e of sign (free-standing or building). Flashing P NA NA NA NA Freeway or Freeway A 45' 350 sq. ft. per site R Allowed only in commercial and Interchange or industrial zones. Wheeler Wheeler Corridor Corridor signs allowed only in Heavy Industrial the Wheeler Corridor Heavy Industrial Area. Off-site signs shall not be allowed. Sign Type Prohibited, Maximum Sign Maximum Sign Other Sign Regulations Allowed, or Height Sign Area Permit Exempt Free-standing A 25' 150 square feet R Sign allowed only in commercial per site in a and industrial zones or on a site commercial or where there is a conditional use industrial zone, in the R-3 Zone. A site without except that a site street frontage shall be limited to which has street one free-standing sign structure. frontage The number of free-standing exceeding 300 sign structures that are allowed lineal feet is on a site with street frontage allowed 150 shall be limited to two per square feet per increment of 300 lineal feet of increment of 300 street frontage. If a site lineal feet of street exceeds one free-standing sign frontage. A site structure, then the structures where there is a shall be separated a minimum of conditional use in 100 lineal feet. Landscaping (as the R-3 Zone is defined in section 18.S7.030.A allowed any of this title) is required around combination of the base of a new free-standing free-standing and sign. The landscaping perimeter building signs not for a pole sign shall be not less to exceed a total than the largest sign dimensions of 12 square feet, as vertically projected to the except as ground. The landscaping provided in Other perimeter for all other free- Sign Regulations standing signs shall be not less in this row. than l' larger than the base of the sign structure. Prior to issuance of a sign permit, a free-standing sign on a vacant site, or where there is a conditional use in the R-3 Zone, shall require Planning Commission review and approval according to Section 18.58.110 of this chapter. Garage Sale A NA NA NR Sign allowed in all zones. The sign shall not be displayed for more than four consecutive days. Government Flags E NA NA NA NA Home Occupation A Same as for 2 sq. ft. per R Sign shall be a non-illuminated Wall sign residential wall sign. Limited to one sign dwelling unit with per residential dwelling unit with home occupation home occupation license. license Incidental A Same as for 2 sq. ft. per sign NR Shall be non-illuminated and on- Wall, Freeway, site. Freeway Interchange, and Freeway signs Monument A 8' Same as for Free-R Sign allowed only in commercial standing Sign and industrial zones Non-conforming See Section 18.58.090 for limitations on non-conforming signs Official Sign or E NA NA NA NA Legal Notice Sign Type Prohibited, Maximum Sign Maximum Sign Other Sign Regulations Allowed, or Height Sign Area Permit Exempt Open, Closed, E NA NA NA NA Business Hours, Address, or Greeting Political A 8' 32 square feet per NR Shall be removed within 10 days (candidate or issue) sign after an election. May be located on private property with permission from property owner. May be placed in right-af-way adjacent to the private property of the abutting land owner and only with the permission of the private property owner/abutting land owner, provided that it is not in a location or condition that is prohibited. Private Warning/ E NA NA NA NA Directional Projecting Sign A Same as for See Building sign R See Section 18.58.030 1 of this Wall o r chapter Architectural Appendage sign Pub lie o r A Same as for See Free-standing R Allowed in commercial, Recreational Free-standing or or Building sign industrial, and public zones Identification Building sign Public Zone (other A Same as for see Free-standing R Requires Planning Commission than Public or Free-standing or or Building sign approval according to Section Recreational Facility Building sign 18.58.110. Identification signs) Real Estate -Other A 8' fa r F re e-32 sq. ft. per sign NR Shall be non-illuminated. Shall standing Sign; be removed from display within wall height for five days after sale, lease, or Building Sign rent. Real Estate -A 8' 6 sq. ft. per sign NR Shall be non-illuminated. Shall Residential Lot be removed from display within one day after sale, lease, or rent. Residential A 8' 32 sq. ft. per site R Allowed in residential zones. Identification Requires Planning Commission review and approval according to Section 18.58.110 of this chapter. Residential A 8' 32 sq. ft. per R NIA Subdivision residential subdivision, manufactured home binding site plan or residential p I a n n e d development Sign Type Prohibited, Maximum Sign Maximum Sign Other Sign Regulations Allowed, or Height Sign Area Permit Exempt Roof A 10' above roof See Building sign R Allowed in commercial and height as industrial zones. measured from intersection 01 the roof and lowest point of the sign, sign structu re I or poi n t o I attachment Sandwich Board A 4' 8 sq. ft. each face R Sign allowed only in commercial and industrial zones. May be located in right-af-way adjacent to the site that is the object of the sign with Community Development Department approval. Otherwise, sign shall be on-site. Shall be removed from display at the end of each business day. Sign which CQuid be P NA NA NA NA confused with or obstructs the view of a traffic sign or signal, as determined by City Engineer Sign which restricts P NA NA NA NA ingress to or egress from a building Sign on vehicle P NA NA NA NA other than Vehicle sign Temporary Sign on A Height of fence 32 sq. ft. per NR Allowed only lor community Fence street frontage signs, as defined in this chapter Temporary Sign on A See F re e-32 sq. ft. per R -one Allowed only in commercial and free-standing standing il on street frontage per time per industrial zones. Sign shall be structure or Portable free-standing site. If no street location. repaired, replaced, or removed structure; 8' frontage, then 32 Ownership when torn, worn, broken, or height i I sq. ft. per site. change of dilapidated. Sign shall be portable The total sign business specific to a product or event, area shall be license and shall not include the restricted to one, requires business name or hours. Off- contiguous, new sign site signs shall not be allowed, designated area permit. except that the Planning per street Commission may allow a frontage. The temporary sign on a vacant site designated area pursuant to 18.58.100. shall not exceed 12 lineal feet parallel to street frontage. Temporary Gas A NA 2 sq. ft. per sign, NR NA Pump one sign per dispenser Sign Type Prohibited, Maximum Sign Maximum Sign Other Sign Regulations Allowed, or Height Sign Area Permit Exempt Temporary Sign On A Same as Wall See Building sign NR Allowed only in commercial and Wall sign Signs shall be industrial zones. Sign shall be framed. One sign repaired, replaced, or removed per building when torn, worn, broken, or allowed i 1 dilapidated. Sign shall be unframed. specific to a product or event, and shall not include the business name or hours. Off- site signs shall not be allowed. Signs shall not be located on out buildings. Traffic Control E NA NA NA NA Vehicle A Flush-mounted NA NR Non-illuminated to vehicle Wall A The sign shall See Building sign R NA be contained wit h i n the outline 01 the facade. Window or Door A The sign shall See Building sign NR lor NA be contained temporary wit h i n the sign; R for perimeter of the permanent window or door sign A=Al1owed E = Exempt NA = Not Applicable NR = Not Required P = Prohibited R = Required 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 August 9, 2011. Jon Lane, Mayor ATTEST: Ronald R. Cone, Finance Director APPROVED AS TO FORM: Katherine L. Kenison, City Attorney August 1, 2011 Honorable Mayor and Moses Lake City Council Dear Council Members CITY Of HOSES L.AKE An ordinance authorizing the issuance and sale of water and sewer revenue bonds in the amount of $5,000,000 will be presented to the City Council on August 9,2011. According to city ordinance, this ordinance is considered for passage on a single reading. The monies raised by the issuance of the bonds will provide most funds for several water and sewer projects, including the sewer installation in Longview Tracts, construction of a new reservoir in the Larson Subdivision, and construction of a detention reservoir at the Central Operations Facility. The proposed draft of the ordinance is presented for the City Council's review. 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 CITY OF MOSES LAKE WATER AND SEWER REVENUE BONDS, 2011 ORDINANCE NO. __ AN ORDINANCE OF THE CITY OF MOSES LAKE, WASHINGTON; AUTHORIZING CERTAIN ADDITIONS, BETTERMENTS AND IMPROVEMENTS TO THE CITY'S COMBINED SYSTEM OF WATER AND SEWERAGE; AUTHORIZING THE ISSUANCE OF WATER AND SEWER REVENUE BONDS OF THE CITY TO PAY THE COSTS OF SAID IMPROVEMENTS IN THE AGGREGATE PRINCIPAL AMOUNT OF $ ; FIXING THE DATE, FORM, TERMS, MATURITIES AND COVENANTS OF THE BONDS; APPROVING A PURCHASE CONTRACT FOR THE BONDS; RESERVING THE RIGHT TO ISSUE REVENUE BONDS ON A PARITY WITH THE BONDS HEREIN AUTHORIZED UPON COMPLIANCE WITH CERTAIN CONDITIONS AND APPROVING AN AGREEMENT FOR ONGOING DISCLOSURE. Approved: August 9, 2011 Prepared by: K&L GATES LLP Seattle, Washington CITY OF MOSES LAKE ORDINANCE NO . .,,-----,-- TABLE OF CONTENTS* Section 1. Definitions ............................................................................................................. 2 Section 2. Compliance with Parity Conditions .................................................................... 14 Section 3. Findings and Purposes; Plan of Additions and Betterments to the System ........ 15 Section 4. Authorization and Description of Bonds ............................................................ 16 Section 5. Registration, Exchange and Payments ................................................................ 17 Section 6. Redemption and Purchase ................................................................................... 22 Section 7. Revenue Fund and Priority of Application of Revenue ...................................... 22 Section 8. Bond Fund and Reserve Fund ............................................................................. 24 Section 9. Specific Covenants .............................................................................................. 29 Section 10. Tax Covenants .................................................................................................... 33 Section 11. Issuance of Future Parity Bonds ......................................................................... 35 Section 12. Fonn of Bonds .................................................................................................... 39 Section 13. Execution of Bonds ............................................................................................. 41 Section 14. Defeasance .......................................................................................................... 42 Section 15. Lost or Destroyed Bonds .................................................................................... 42 Section 16. Sale of Bonds ...................................................................................................... 43 Section 17. Disposition of Bond Proceeds ............................................................................. 43 Section 18. Undertaking to Provide Ongoing Disclosure ...................................................... 44 Section 19. Effective Date ..................................................................................................... 48 * This Table of Contents and the Cover Page are for convenience of reference and are not intended to be a part of this ordinance. -1- ORDINANCE NO. AN ORDINANCE of the City of Moses Lake, Washington; authorizing certain additions, betterments and improvements to the City's combined system of water and sewerage; authorizing the issuance of water and sewer revenue bonds of the City to pay the costs of said improvements in the aggregate principal amount of $ ; fixing the date, form, terms, maturities and covenants , of the bonds; approving a purchase contract for the bonds; reserving the right to issue revenue bonds on a parity with the bonds herein authorized upon compliance with certain conditions; and approving an agreement for ongoing disclosure. WHEREAS, the City of Moses Lake, Washington (the "City") operates a combined water and sewer system (hereinafter further defined as the "System"); and WHEREAS, the System is in need of additions, improvements and betterments (the "Project"); and WHEREAS, pursuant to RCW chs. 35.92, 35.41 and 39.44, the City is authorized to issue its revenue bonds payable and secured by the net revenue of its System under terms approved by the City Council (the "Council") by ordinance; and WHEREAS, the City has outstanding its Water and Sewer Revenue Bonds, 2004 (the "2004 Bonds") payable from revenues of the System issued under Ordinance No. 2177, dated October I, 2004, and presently outstanding in the principal amount of $6,875,000; and WHEREAS, the ordinance authorizing the 2004 Bonds provides that additional water and sewer revenue bonds may be issued on a parity with such bonds if certain conditions are met; and WHEREAS, it appears to the Council of the City that such conditions can be met and that it is in the best interests of the City and its inhabitants that the Bonds be issued on a parity with the outstanding water and sewer revenue bonds of the City; and WHEREAS, Martin Nelson & Co., Inc., Seattle, Washington, has submitted to this Council an offer to purchase the bonds authorized herein in accordance with the terms of this ordinance and this offer is acceptable to the Council; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MOSES LAKE, WASHINGTON, DO ORDAIN as follows: Section 1. Definitions. As used in this ordinance the following definitions shall apply unless a different meaning clearly appears from the context: Accreted Value means (1) with respect to any Capital Appreciation Bonds, as of any date of calculation, the sum of the amount set forth in the ordinance authorizing their issuance as the amount representing the initial principal amount of such Capital Appreciation Bonds plus the interest accumulated, compounded and unpaid thereon as of the most recent compounding date, or (2) with respect to Original Issue Discount Bonds, as of the date of calculation, the amount representing the initial public offering price of such Original Issue Discount Bonds plus the amount of discounted principal which has accreted since the date of issue. In each case, the Accreted Value shall be determined in accordance with the provisions of the ordinance authorizing the issuance of such Balloon Maturity Bonds. Annual Debt Service means the total amount of Debt Service for any Parity Bond or series of Parity Bonds or other evidences of indebtedness payable from Revenue of the System in any fiscal year or Base Period. Balloon Maturity Bonds means any evidences of indebtedness of the City payable from Revenue of the System that are so designated in the ordinance pursuant to which such indebtedness is incurred. -2- Base Period means any consecutive 12-month period selected by the City out of the 36-month period next preceding the date of issuance of an additional series of Future Parity Bonds; provided, however, that for so long as the 2004 Insurance Policy is in effect, the 12- month period selected by the City shall be within the 24-month period next preceding the date of issuance of an additional series of Future Parity Bonds. Beneficial Owner means the beneficial owner of all or a portion of a Bond while such Bond is in fully immobilized form. Bond Fund means 2011 Bond Fund #450 maintained by the City within the Water Sewer Fund and also shall include any fund established for the payment of debt service on Parity Bonds. Bond Register means the books or records maintained by the Registrar containing the name and mailing address of the owner of each Bond or nominee of such owner and the principal amount and number of Bonds held by each owner or nominee. Bonds means the $ ____ par value City of Moses Lake, Washington, Water and Sewer Revenue Bonds, 2011 authorized to be issued pursuant to this ordinance. Bond Year means each one-year period that ends on the date selected by the City. The first and last Bond Years may be short periods. If no day is selected by the City before the earlier of the final maturity date of the Bonds or the date that is five years after the date of issuance of the Bonds, Bond Years end on each armiversary of the date of issue and on the final maturity date of the Bonds. Capital Appreciation Bonds means any Future Parity Bonds all or a portion of the interest on which is compounded, accumulated and payable only upon redemption or on the maturity date of such Capital Appreciation Bonds. If so provided in the ordinance authorizing -3-P:\20287 _CMW\20287 _9AJ 08/01111 their issuance, Future Parity Bonds may be deemed to be Capital Appreciation Bonds for only a portion of their term. On the date on which Future Parity Bonds no longer are Capital Appreciation Bonds, they shall be deemed outstanding in a principal amount equal to their Accreted Value. City means the City of Moses Lake, a municipal corporation of the State of Washington. City Representative means the Mayor, City Manager, Finance Director or such other official or employee of the City designated in writing by either of the foregoing Code means the United States Internal Revenue Code of 1986, as amended, together with all applicable rulings and regulations heretofore or hereafter promulgated thereunder. Consultant means at any time an independent municipal financial consultant appointed by the City to perform the duties of the Consultant as required by this ordinance. For the purposes of delivering any certificate required by Section 11 hereof and making the calculation required by Section 11 hereof, the term Consultant shall also include any independent public accounting firm appointed by the City to make such calculation or to provide such certificate. Costs of Maintenance and Operation means all reasonable expenses incurred by the City in causing the System of the City to be operated and maintained in good repair, working order and condition, but shall not include any payments for debt service or into reserve funds, depreciation or taxes levied or imposed by the City or payments to the City in lieu of taxes, or capital additions or capital replacements to the System. Council means the City Council as the general legislative authority of the City as the same shall be duly and regularly constituted from time to time. -4-P:\20287 _CMV\f\20287 _9AJ OBf01111 Debt Service means, for any period oftime, (a) with respect to any outstanding Original Issue Discount Bonds or Capital Appreciation Bonds which are not designated as Balloon Maturity Bonds in the ordinance authorizing their issuance, the principal amount thereof shall be equal to the Accreted Value thereof maturing or scheduled for redemption in such period, and the interest payable during such period; (b) with respect to any outstanding Fixed Rate Bonds, an amount equal to (1) the principal amount of such Fixed Rate Bonds due or subject to mandatory redemption during such period and for which no sinking fund installments have been established, (2) the amount of any payments required to be made during such period into any sinking fund established for the payment of any such Fixed Rate Bonds, plus (3) all interest payable during such period on any such outstanding Fixed Rate Bonds and with respect to Fixed Rate Bonds with mandatory sinking fund requirements, calculated on the assumption that mandatory sinking fund installments will be applied to the redemption or retirement of such Fixed Rate Bonds on the date specified in the ordinance authorizing such Fixed Rate Bonds; and (c) with respect to all other series of Parity Bonds, other than Fixed Rate Bonds, Original Issue Discount Bonds or Capital Appreciation Bonds, specifically including but not limited to Balloon Maturity Bonds and Parity Bonds bearing variable rates of interest, an amount for any period equal to the amount which would have been payable for principal and interest on such Parity Bonds during such period computed on the assumption that the amount of Parity Bonds as of the date of such computation would be amortized (1) in accordance with the mandatory redemption provisions, if any, set forth in the ordinance authorizing the issuance of such Parity Bonds, or if mandatory redemption provisions are not provided, during a period -5-P:\20287 _CM\tV\20287 _9AJ 08/01/11 commencing on the date of computation and ending on the date 30 years after the date of issuance (2) at an interest rate equal to the yield to maturity set forth in the 40-Bond Index published in the edition of The Bond Buyer (or comparable publication or such other similar index selected by the City) and published within ten days prior to the date of calculation or, if such calculation is being made in connection with the certificate required by Section 11 hereof, then within ten days of such certificate, (iii) to provide for essentially level annual debt service of principal and interest over such period. Debt Service shall be net of any interest funded out of Bond proceeds. Debt Service shall include reimbursement obligations to providers of Qualified Letters of Credit and/or Qualified Insurance to the extent authorized by ordinance. DTC means The Depository Trust Company, New York, New York, a limited purpose trust company organized under the laws of the State of New York, as depository for the Bonds pursuant to Section 5 hereof. Finance Director means the duly qualified, appointed and acting Finance Director of the City or any other officer who succeeds to the duties now delegated to that office. Fixed Rate Bonds means those Parity Bonds other than Capital Appreciation Bonds, Original Issue Discount Bonds or Balloon Maturity Bonds issued under an ordinance in which the rate of interest on such Parity Bonds is fixed and determinable through their final maturity or for a specified period of time. If so provided in the ordinance authorizing their issuance, Parity Bonds may be deemed to be Fixed Rate Bonds for only a portion oftheir term. Future Parity Bonds means any water and sewer revenue bonds which the City may hereafter issue having a lien upon the Revenue of the System for the payment of the principal thereof and interest thereon equal to the lien upon the Revenue of the System of the Bonds and the 2004 Bonds. -6- General Fund is the City's operating fund, accounting for all financial resources of the general government, except those required to be accounted for in another fund. Government Obligations has the meaning given such term in RCW Ch. 39.53, as such chapter may be hereafter amended or restated. Investment Earnings means all earnings III any form whatsoever derived from Investments. Investments means any investments permitted to the City by law of money required to be deposited in any fund or account of the Water Sewer Fund of the City except money deposited in any escrow account for the purpose of refunding any Parity Bonds and except any money which is subject to payment to the United States Treasury under the rebate provisions of the Code. Letter of Representations means the Blanket Issuer Letter of Representations from the City to DTC. Maximum Annual Debt Service means highest dollar amount of Annual Debt Service in any fiscal year or Base Period for all outstanding Parity Bonds and the Bonds andlor for all subordinate lien evidences of indebtedness secured by Revenue of the System, as the context requires. Moody's means Moody's Investors Service, its successors and their assigns, and, if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, Moody's shall be deemed to refer to any other nationally recognized securities rating agency designated by the City Representative. MSRB means the Municipal Securities Rulemaking Board. -7-P:\20287 _CMW\20287 _9AJ 08f01f11 Net Proceeds, when used with reference to the Bonds, means the principal amount of the Bonds, plus accrued interest and original issue premium, if any, and less original issue discount and proceeds, if any, deposited in the Reserve Fund-2011. Net Revenue means Revenue of the System less Costs of Maintenance and Operation. Original Issue Discount Bonds means Parity Bonds which are sold at an initial public offering price of less than 95% of their face value and which are specifically designated as Original Issue Discount Bonds in the ordinance authorizing their issuance. Parity Bonds means the 2004 Bonds, the Bonds and any Future Parity Bonds. Parity Requirement means Net Revenue equal to or greater than: (a) 125% of Maximum Annual Debt Service for all Parity Bonds computed by deducting from Annual Debt Service the Annual Debt Service for each series or issue of Parity Bonds which is covered by UUD Assessments, and (b) 100% of Maximum Annual Debt Service for all subordinate lien evidences of indebtedness secured by Revenue of the System. In determining the amount of Annual Debt Service "covered by UUD Assessments", Annual Debt Service for each future year is reduced by the dollar amount of UUD Assessments projected to be received during such future year, and the remaining outstanding UUD Assessments are assumed to be paid in the remaining number of armual installments with no prepayments. Private Person means any natural person engaged in a trade or business or any trust, estate, partnership, association, company or corporation. Private Person Use means the use of property in a trade or business by a Private Person if such use is other than as a member of the general public. Private Person Use includes -8-P:\20287_CMW\20287_9AJ 08/01/11 ownership of the property by the Private Person as well as other arrangements that transfer to the Private Person the actual or beneficial use of the property (such as a lease, management or incentive payment contract or other special arrangement) in such a manner as to set the Private Person apart from the general public. Use of property as a member of the general public includes attendance by the Private Person at municipal meetings or business rental of property to the Private Person on a day-to-day basis if the rental paid by such Private Person is the same as the rental paid by any Private Person who desires to rent the property. Use of property by nonprofit community groups or community recreational groups is not treated as Private Person Use if such use is incidental to the govemmental uses of property, the property is made available for such use by all such community groups on an equal basis and such community groups are charged only a de minimis fee to cover custodial expenses. Project means the plan of improvements to the System authorized in Section 3 hereof. Project Fund means the Operations Complex Construction Fund #472 within the Water Sewer Fund of the City. Qualified Insurance means any non-cancelable municipal bond insurance policy or surety bond issued by any insurance company licensed to conduct an insurance business in any state of the United States (or by a service corporation acting on behalf of one or more such insurance companies) which insurance company or companies, as of the time of issuance of such policy or surety bond, are currently rated in one of the two highest Rating Categories by both Moody's and S&P. Qualified Letter of Credit means any irrevocable letter of credit issued by a financial institution for the account of the City on behalf of registered owners of the Bonds, which institution maintains an office, agency or branch in the United States and as of the time of -9-P:\20287_CMW\20287 _9AJ 08101/11 issuance of such letter of credit, is currently rated in one of the two highest Rating Categories by either Moody's or S&P. Rate Covenant means Net Revenue in each fiscal year together with UUD Assessments received in each fiscal year at least equal to the sum of (a) 125% of the amounts required in such fiscal year to be paid as scheduled debt service (principal and interest) on all Parity Bonds minus the amount of UUD Assessments collected in such year and (b) 100% of the amount of UUD Assessments received in such fiscal year. Rating Agency means Moody's or S&P. Rating Category means the generic rating categories of the Rating Agency, without regard to any refinement or gradation of such rating category by a numerical modifier or otherwise. Registrar means the fiscal agency of the State of Washington, for the purposes of registering and authenticating the Bonds, maintaining the Bond Register, effecting transfer of ownership of the Bonds, and paying the principal of, premium, if any, and interest on the Bonds. Registered Owner means the person named as the registered owner of a Bond in the Bond Register. For so long as the Bonds are held in book -entry only form, DIC shall be deemed to be the sole Registered Owner. Reserve Fund-20ll means the 2011 Bond Reserve Fund #451 maintained within the Water Sewer Fund. Reserve Requirement-20ll means the lesser of (i) Maximum Annual Debt Service with respect to the Bonds and (ii) 1.25 times average Annual Debt Service with respect to the Bonds; provided, however, that the Reserve Requirement-2011 shall not exceed an amount equal to 10% of the aggregate of the initial par amount of the Bonds. -10-P:\20287_CMW\20287 _9AJ 08/01/11 Revenue Fund means the Water/Sewer Fund #410 within the Water Sewer Fund maintained by the Finance Director of the City and shall also include any other fund of the City into which the Revenue of the System is deposited. Revenue of the System or Revenue means all of the earnings and revenues received by the City from the maintenance and operation of the System and connection and capital improvement charges collected for the purpose of defraying the cost of capital facilities of the System, including Investment Earnings, but excluding government grants, proceeds from the sale of System property, City taxes collected by or through the System, principal proceeds of bonds and earnings or proceeds from any investments in a trust, defeasance or escrow fund created to defease or refund System obligations (until commingled with other earnings and revenues of the System) or held in a special account for the purpose of paying a rebate to the United States Government under the Code. Revenue of the System shall also include any federal or state reimbursements of operating expenses to the extent such expenses are included as Costs of Maintenance and Operation; provided, however, that Revenue of the System shall not include ULID Assessments. Certain Investment Earnings may be transferred from the Revenue Fund to the General Fund of the City, subject to the priorities established in Section 7 of this ordinance. Rule means the SEC's Rule 15c2-12 under the Securities Exchange Act of 1934, as the same may be amended from time to time. S&P means Standard & Poor's Ratings, its successors and their assigns, and, if such corporation shall be dissolved or liquidated or shall no longer perform the functions of a securities rating agency, S&P shall be deemed to refer to any other nationally recognized securities rating agency designated by the City Representative. SEC means the U.S. Securities and Exchange Commission. -11-P:\20287 _CMW\20287 _9AJ 08101/11 System means the City's combined system of water supply and distribution, sanitary sewage disposal and storm drainage, as the same may be added to, improved and extended for as long as any Parity Bonds are outstanding. The term System also shall include any other utility that may in the future be combined with the System. 2004 Bonds mean the City's outstanding Water and Sewer Revenue Bonds, 2004, issued under date of October 1, 2004, pursuant to Ordinance No. 2177. 2004 Insurance Policy means the financial guaranty insurance policy with respect to the Bonds issued by the Ambac Assurance Corporation, insuring the payment when due of the principal of and interest on the 2004 Bonds. ULID means a utility local improvement district of the City. The City does not currently have any existing utility local improvement districts. ULID Assessments means the assessments levied in all UUDs, the assessments in which are payable into the Bond Fund, and shall include installments thereof and interest and any penalties thereon. Underwriter means Martin Nelson & Co., Inc., Seattle, Washington. Variable Interest Rate means a variable interest rate or rates to be borne by a series of Future Parity Bonds or anyone or more maturities within a series of Future Parity Bonds. The method of computing such a variable interest rate shall be specified in the ordinance authorizing such Future Parity Bonds, which ordinance also shall specifY either (a) the particular period or periods of time or manner of determining such period or periods of time for which each value of such variable interest rate shall remain in effect or (b) the time or times upon which any change in such variable interest rate shall become effective. -12-P:\20287_CMW\20287_9AJ 08/01f11 Variable Interest Rate Bonds means, for any period of time, Future Parity Bonds which bear a Variable Interest Rate during that period, except that Future Parity Bonds the interest rate or rates on which shall have been fixed for the remainder of the term thereof no longer shall be deemed to be Variable Interest Rate Bonds. Water Sewer Fund·means the proprietary fund of the City that accounts for the activities of the System. Rules of Interpretation. In this ordinance, unless the context otherwise requires: (a) The terms "hereby," "hereof," "hereto," "herein, "hereunder" and any similar terms, as used in this ordinance, refer to this ordinance as a whole and not to any particular article, section, subdivision or clause hereof, and the term "hereafter" shall mean after, and the term "heretofore" shall mean before, the date of this ordinance; (b) Words of the masculine gender shall mean and include correlative words of the feminine and neuter genders and words importing the singular number shall mean and include the plural number and vice versa; (c) Words importing persons shall include firms, associations, partnerships (including limited partnerships), trusts, corporations and other legal entities, including public bodies, as well as natural persons; (d) Any headings preceding the text of the several sections of this ordinance, and any table of contents or marginal notes appended to copies hereof, shall be solely for convenience of reference and shall not constitute a part of this ordinance, nor shall they affect its meaning, construction or effect; and (e) All references herein to "articles," "sections" and other subdivisions or clauses are to the corresponding articles, sections, subdivisions or clauses hereof. -13- Section 2. Compliance with Parity Conditions The Council hereby finds and determines, as required by Section II of Ordinance No. 2177, as follows: (1) That the Bonds are being issued for the purpose of providing funds to acquire, construct, reconstruct, install, or replace equipment, facilities, additions, betterments, or other capital improvements to the System for which it is authorized by law to issue revenue bonds; (2) The City is not and has not been in default of its Rate Covenant for the fiscal year ending December 31, 20 I 0; (3) The Reserve Requirement-2011 shall be met no later than the date of issuance of the Bonds; and (4) At the time of the issuance and delivery of the Bonds, there will have been filed a certificate of the Consultant demonstrating fulfillment of Section II (D) or the City Representative demonstrating fulfillment of Section II (C) of Ordinance No. 2177. The applicable parity conditions set forth in Ordinance No. 2177 having been complied with, the Bonds shall be issued on a parity of lien with the 2004 Bonds. The City hereby further covenants and agrees that the Bonds will not be issued and delivered to the purchasers thereof as bonds on a parity with the 2004 Bonds until the certificate required herein, in form and contents satisfactory to the City and its counsel, has been filed with the City. -14-P:\20287_CMW\20287 _9AJ 08/01/11 Section 3. Findings and Purposes; Plan of Additions and Betterments to the System. The Council hereby finds that the public interest, welfare and convenience require the construction, acquisition and installation of certain additions and betterments to and extensions of the City's water and sewer system (the "Project") and that said improvements are legally required and/or economically sound, and will contribute to the conduct of the business of the System in an efficient manner. The City shall provide all equipment, connections and appurtenances together with all work as may be incidental and necessary to complete the Project. The Project facilities shall be integrated into the System as required to provide a fully operational facility. The City may make such changes in or additions to the Proj ect or in the construction or design of other facilities of the System as may be found necessary or desirable. Implementation or completion of any specified improvement shall not be required if the Council determines that, due to substantially changed circumstances, it has become advisable or impractical. If the Project has either been completed, or its completion duly provided for, or its completion found to be impractical, the City may apply the Bond proceeds or any portion thereof to other improvements to the System, as the Council in its discretion shall determine. In the event that the proceed of sale of the Bonds, plus any other moneys of the City legally available, are insufficient to accomplish all of the Proj ect provided by this section, the City shall use the available funds for paying the cost of those improvements for which the Bonds were approved, deemed by the Council most necessary and to the best interest of the City. The City shall acquire by purchase, lease or condemnation, all property, both real and personal, or any interest therein, or rights-of-way and easements that may be found necessary to acquire, construct and install the Proj ect. -\5- The estimated cost of this plan of additions and betterments and all costs incidental thereto (including costs of issuance of the Bonds and funding of the Reserve Requirement-2011), is hereby declared to be as nearly as practicable the sum of $5,575,000, which shall be provided out of the proceeds of the sale of the Bonds and other City funds. Section 4. Authorization and Description of Bonds. The City shall now issue and sell $ ____ of water and sewer revenue bonds (the "Bonds") for the purpose of providing funds required to pay the cost of the Project. The Bonds shall be designated as the "City of Moses Lalce, Washington Water and Sewer Revenue Bonds, 2011" (the "Bonds"); shall be dated as of their date of initial delivery; shall be fully registered as to both principal and interest; shall be in the denomination of $5,000 each, or any integral multiple thereof, provided that no Bond shall represent more than one maturity; shall be numbered separately in such manner and with any additional designation as the Registrar deems necessary for purposes of identification; and shall bear interest from their date payable semiannually on the first days of each March and September, commencing on March 1, 2012, at the following per annum interest rates and shall mature on September 1 of the following years in the following principal amounts: Maturity Years (September 1) 2012 2013 2014 2015 2016 2017 2018 2019 2020 2021 Principal Amounts Interest Rates $ % -16- The Bonds shall be obligations only of the Bond Fund and shall be payable and secured as provided herein. The Bonds shall not be general obligations of the City. Section 5. Registration, Exchange and Payments. (a) Registrar/Bond Register. The City hereby specifies and adopts the system of registration approved by the Washington State Finance Committee from time to time through the appointment of state fiscal agencies. The City shall cause a bond register to be maintained by the Registrar. So long as any Bonds remain outstanding, the Registrar shall make all necessary provisions to permit the exchange or registration or transfer of Bonds at its principal corporate trust office. The Registrar may be removed at any time at the option of the City Representative upon pnor notice to the Registrar and a successor Registrar appointed by the City Representative. No resignation or removal of the Registrar shall be effective until a successor shall have been appointed and until the successor Registrar shall have accepted the duties of the Registrar hereunder. The Registrar is authorized, on behalf of the City, to authenticate and deliver Bonds transferred or exchanged in accordance with the provisions of such Bonds and this ordinance and to carry out all of the Registrar's powers and duties under this ordinance. The Registrar shall be responsible for its representations contained in the Certificate of Authentication of the Bonds. (b) Registered Ownership. The City and the Registrar, each in its discretion, may deem and treat the Registered Owner of each Bond as the absolute owner thereof for all purposes (except as provided in Section 18 of this ordinance), and neither the City nor the Registrar shall be affected by any notice to the contrary. Payment of any such Bond shall be made only as described in Section 5(h) hereof, but such Bond may be transferred as herein provided. All such -17- payments made as described in Section 5(h) shall be valid and shall satisfy and discharge the liability of the City upon such Bond to the extent of the amount or amounts so paid. (c) DTC Acceptance/Letters of Representations. The Bonds initially shall be held in fully immobilized form by DTC acting as depository. To induce DTC to accept the Bonds as eligible for deposit at DTC, the City has executed and delivered to DTC a Blanket Issuer Letter of Representations. Neither the City nor the Registrar will have any responsibility or obligation to DTC participants or the persons for whom they act as nominees (or the participants of any successor depository or those for who any such successor acts as nominee) with respect to the Bonds in respect of the accuracy of any records maintained by DTC (or any successor depository) or any DTC participant, the payment by DTC (or any successor depository) or any DTC participant of any amount in respect of the principal of or interest on Bonds, any notice which is permitted or required to be given to Registered Owners under this ordinance (except such notices as shall be required to be given by the City to the Registrar or to DTC (or any successor depository)), or any consent given or other action taken by DTC (or any successor depository) as the Registered Owner. For so long as any Bonds are held in fully-immobilized form hereunder, DTC or its successor depository shall be deemed to be the Registered Owner for all purposes hereunder (except for Section 18 hereof), and all references herein to the Registered Owners shall mean DTC (or any successor depository) or its nominee and shall not mean the owners of any beneficial interest in such Bonds, except as provided in Section 18 of this ordinance. If any Bond shall be duly presented for payment and funds have not been duly provided by the City on such applicable date, then interest shall continue to accrue thereafter on the unpaid principal thereof at the rate stated on such Bond until it is paid. -18-P:\20287_CMW\20287_9AJ OS/01f11 (d) Use a/Depository. (1) The Bonds shall be registered initially in the name of "Cede & Co.", as nominee of DTC, with one Bond maturing on each of the maturity dates for the Bonds in a denomination corresponding to the total principal therein designated to mature on such date. Registered ownership of such immobilized Bonds, or any portions thereof, may not thereafter be transferred except (A) to any successor ofDTC or its nominee, provided that any such successor shall be qualified under any applicable laws to provide the service proposed to be provided by it; (B) to any substitute depository appointed by the City Representative pursuant to subsection (2) below or such substitute depository's successor; or (C) to any person as provided in subsection (4) below. (2) Upon the resignation of DTC or its successor (or any substitute depository or its successor) from its functions as depository or a determination by the City Representative to discontinue the system of book entry transfers through DTC or its successor (or any substitute depository or its successor), the City Representative may hereafter appoint a substitute depository. Any such substitute depository shall be qualified under any applicable laws to provide the services proposed to be provided by it. (3) In the case of any transfer pursuant to clause (A) or (B) of subsection (1) above, the Registrar shall, upon receipt of all outstanding Bonds, together with a written request of the City Representative, issue a single new Bond for each maturity then outstanding, registered in the name of such successor or such substitute depository, or their nominees, as the case may be, all as specified in such written request ofthe City Representative. (4) In the event that (A) DTC or its successor (or substitute depository or its successor) resigns from its functions as depository, and no substitute depository can be obtained, -19-P:\20287_CMVV\20287 _9AJ 08/01/11 or (B) the City Representative determines that it is in the best interest of the beneficial owners of the Bonds that such owners be able to obtain such bonds in the form of Bond certificates, the ownership of such Bonds may then be transferred to any person or entity as herein provided, and shall no longer be held in fully-immobilized form. The City Representative shall deliver a written request to the Registrar, together with a supply of definitive Bonds, to issue Bonds as herein provided in any authorized denomination. Upon receipt by the Registrar of all then outstanding Bonds together with a written request of the City Representative to the Registrar, new Bonds shall be issued in the appropriate denominations and registered in the names of such persons as are requested in such written request. (e) Registration of Transfer of Ownership or Exchange; Change in Denominations. The transfer of any Bond may be registered and Bonds may be exchanged, but no transfer of any such Bond shall be valid unless it is surrendered to the Registrar with the assignment form appearing on such Bond duly executed by the Registered Owner or such Registered Owner's duly authorized agent in a manner satisfactory to the Registrar. Upon such surrender, the Registrar shall cancel the surrendered Bond and shall authenticate and deliver, without charge to the Registered Owner or transferee therefor, a new Bond (or Bonds at the option of the new Registered Owner) of the same date, maturity and interest rate and for the same aggregate principal amount in any authorized denomination, naming as Registered Owner the person or persons listed as the assignee on the assignment form appearing on the surrendered Bond, in exchange for such surrendered and cancelled Bond. Any Bond may be surrendered to the Registrar and exchanged, without charge, for an equal aggregate principal amount of Bonds of the same date, maturity and interest rate, in any authorized denomination. The Registrar shall -20- not be obligated to register the transfer or to exchange any Bond during the 15 days preceding any interest payment or principal payment date any such Bond is to be redeemed. (f) Registrar's Ownership of Bonds. The Registrar may become the Registered Owner of any Bond with the same rights it would have if it were not the Registrar, and to the extent permitted by law, may act as depository for and permit any of its officers or directors to act as member of, or in any other capacity with respect to, any committee formed to protect the right of the Registered Owners of Bonds. (g) Registration Covenant. The City covenants that, until all Bonds have been surrendered and canceled, it will maintain a system for recording the ownership of each Bond that complies with the provisions of Section 149 of the Code. (h) Place and Medium of Payment. Both principal of and interest on the Bonds shall be payable in lawful money of the United States of America. Interest on the Bonds shall be calculated on the basis of a year of 360 days and twelve 30-day months. For so long as all Bonds are in fully immobilized form, payments of principal and interest thereon shall be made as provided in accordance with the operational arrangements of DTC referred to in the Letter of Representations. In the event that the Bonds are no longer in fully immobilized form, interest on the Bonds shall be paid by check or draft mailed to the Registered Owners at the addresses for such Registered Owners appearing on the Bond Register on the fifteenth day of the month preceding the interest payment date, or upon the written request of a Registered Owner of more than $1,000,000 of Bonds (received by the Registrar at least 15 days prior to the applicable payment date), such payment shall be made by the Registrar by wire transfer to the account within the United States designated by the Registered Owner. Principal of the Bonds shall be -21- payable upon presentation and surrender of such Bonds by the Registered Owners at the principal office of the Registrar. Section 6. Redemption and Purchase. (a) No Redemption. The Bonds are not subject to redemption prior to their scheduled maturity. (b) Purchase of Bonds for Retirement. The City reserves the right to use at any time any surplus Revenue of the System available after providing for the payments required by paragraphs First, through Fifth of Section 7 of this ordinance, or other available funds, to purchase any of the Bonds at any price deemed reasonable by the City to purchase for retirement any of the Bonds offered to the City at any price deemed reasonable to the City. (c) Effect of Purchase. To the extent that the City shall have purchased any Balloon Maturity Bonds since the last scheduled mandatory redemption of such Balloon Maturity Bonds, the City may reduce the principal amount of the Balloon Maturity Bonds to be redeemed in like principal amount. Such reduction may be applied in the year specified by the City. Section 7. Revenue Fund and Priority of Application of Revenue. The City maintains the Water Sewer Fund as a separate enterprise fund of the City. All Revenue of the System is deposited in the Water/Sewer Fund #410 within the Water Sewer Fund (the "Revenue Fund"). The Water Sewer Fund shall be considered a combined fund for purposes of measuring compliance with the Rate Covenant and the Parity Requirement. Notwithstanding the foregoing, the City Finance Director may maintain such separate funds and accounts in such names and under such additional designations as shall be required to comply with the uniform system of accounting established by the State Auditor from time to time. The Revenue Fund shall be held separate and apart from all other funds and accounts of the City and the Revenue of the System -22- deposited in such Fund shall be used only for the following purposes and in the following order of priority: First, to pay the Costs of Maintenance and Operation of the System; Second, to pay the interest on any Parity Bonds, including reimbursements to the issuer of a Qualified Letter of Credit or Qualified Insurance if the Qualified Letter of Credit or Qualified Insurance secures the payment of interest on Parity Bonds and the ordinance authorizing such Parity Bonds provides for such reimbursement; Third, to pay the principal of any Parity Bonds, including reimbursements to the issuer of a Qualified Letter of Credit or Qualified Insurance if the Qualified Letter of Credit or Qualified Insurance secures the payment of principal of Parity Bonds and the ordinance authorizing such Parity Bonds provides for such reimbursement; Fourth, to make all payments required to be made into the Reserve Fund-2011 and to any reserve fund created in the future for the payment of debt service on Future Parity Bonds, including reimbursements to the issuer of a Qualified Letter of Credit or Qualified Insurance if the Qualified Letter of Credit or Qualified Insurance has been issued to fund the Reserve Requirement-2011 and/or the reserve requirement(s) for any Future Parity Bonds and the ordinance authorizing such Parity Bonds provides for such reimbursement; Fifth, to make all payments required to be made into any revenue bond redemption fund or revenue warrant redemption fund and debt service fund or reserve fund created to pay and secure the payment of the principal of and interest on any other revenue bonds or revenue warrants of the City having a lien upon the Revenue of the System junior and inferior to the lien thereon for the payment of the principal of and interest on Parity Bonds; and -23- Sixth, to retire by redemption or purchase any outstanding revenue bonds or revenue warrants of the City, to make necessary additions, betterments, improvements and repairs to or extensions and replacements of the System, or for any other lawful City purposes. The City may transfer any money from any funds or accounts of the System legally available therefor, except bond redemption funds, refunding escrow funds or defeasance funds, to meet the required payments to be made into the Bond Fund. Section 8. Bond Fund and Reserve Fund. The Finance Director has established the 2011 Bond Fund #450 within the Water Sewer Fund for the payment of the debt service on the Bonds, and shall establish separate funds in the future for the payment of debt service on Future Parity Bonds (collectively, the "Bond Fund"). The Finance Director also has established the 2011 Bond Reserve Fund #451 within the Water Sewer Fund for the purpose of securing the repayment of the Bonds (the "Reserve Fund-2011"). (a) Payments into Bond Fund. The Bond Fund shall be maintained for the purpose of paying the principal of and interest on all Parity Bonds. As long as any Parity Bond remains outstanding, the City hereby irrevocably obligates and binds itself to set aside and pay from the Revenue Fund into the Bond Fund those amounts necessary, together with such other funds as are on hand and available in the Bond Fund, to pay the interest or principal and interest next coming due on outstanding Parity Bonds. Such payments from the Revenue Fund to the Bond Fund shall be made in a fixed amount without regard to any fixed proportion following the closing and delivery of the Bonds on or before each date on which an installment of interest or principal and interest falls due on Parity Bonds equal to the installment of interest or principal and interest. -24-P:\20287 _CMW\20287 _9AJ 08/01111 The City Finance Director is hereby authorized and directed and the City hereby obligates and binds itself to set aside and pay into the Bond Fund all UUD Assessments as the same are collected. (b) Payments into Reserve Fund-20il. The Reserve Fund-20ll shall be maintained for the purpose of securing the payment of the principal of and interest on the Bonds. The City covenants and agrees that from and after the closing and delivery of the Bonds, it will at all times maintain an amount in the Reserve Fund-20ll at least equal to the Reserve Requirement-20ll except for withdrawals therefrom authorized hereinafter, at all times for so long as any Bonds remain outstanding. The Reserve Requirement-20 11 may be maintained by deposits of cash, a Qualified Letter of Credit or Qualified Insurance, or a combination of the foregoing. In computing the amount on hand in the Reserve Fund-20 11, Qualified Insurance andlor a Qualified Letter of Credit shall be valued at the face amollllt thereof, and all other obligations purchased as an investment of moneys therein shall be valued at cost. As used herein, the term "cash" shall include U.S. currency, cash equivalents and evidences thereof, including demand deposits, certified or cashier's check; and the deposit to the Reserve Fund-20ll may be satisfied initially by the transfer of qualified investments to such aCCOllllt. If the balances on hand in the Reserve Flllld-20ll are sufficient to satisfy the Reserve Requirement-20ll, interest earnings shall be applied as provided in the following sentences. Whenever there is a sufficient amount in the Bond Fund, including the Reserve Fund-20 11 to pay the principal of and interest on all outstanding Bonds, the money in the Reserve Fund-20ll may be used to pay such principal and interest. As long as the money left remaining on deposit in the Reserve Fund-20ll is equal to the Reserve Requirement-20ll, money in the Reserve Fund-20 11 may be transferred to the Bond Fund and used to pay the principal of and interest on -25-P:\20287 _CMW\20287 _9AJ 08/01/11 the Bonds as the same becomes due and payable. The City also may transfer out of the Reserve Fund-20 II any money required in order to prevent any Bonds from becoming "arbitrage bonds" under the Code. If a deficiency in the Bond Fund for the payment of debt service on the Bonds shall occur, such deficiency shall be made up from the Reserve Fund-2011 by the withdrawal of cash therefrom for that purpose and by the sale or redemption of obligations held in the Reserve Fund- 2011, in such amounts as will provide cash in the Reserve Fund sufficient to make up any such deficiency with respect to the Bonds, and if a deficiency still exists immediately prior to an interest payment date and after the withdrawal of cash, the City shall then draw from any Qualified Letter of Credit or Qualified Insurance for the Bonds in sufficient amount to make up the deficiency. Such draw shall be made at such times and under such conditions as the agreement for such Qualified Letter of Credit or such Qualified Insurance shall provide. In making the payments and credits to the Reserve Fund-2011 required by this Section 8(b), to the extent that the City has obtained Qualified Insurance or a Qualified Letter of Credit for specific amounts required pursuant to this section to be paid out of the Reserve Fund- 2011 such amounts so covered by Qualified Insurance or a Qualified Letter of Credit shall be credited against the amounts required to be maintained in the Reserve Fund-2011 by this Section 8(b) to the extent that such payments and credits to be made are insured by an insurance company, or guaranteed by a letter of credit from a financial institution. Any deficiency created in the Reserve Fund by reason of any such withdrawal shall then be made up within one year of the date of withdrawal from Net Revenue or from ULID Assessments (or out of any other moneys on hand legally available for such purpose) after -26- making necessary provision for the payments required to be made into the Bond Fund within such year. Any Qualified Letter of Credit or Qualified Insurance shall not be cancelable on less than 30 days' notice to the City. In the event of any cancellation, the Reserve Fund-2011 shall be funded as if the Bonds that remain outstanding had been issued on the date of such notice of cancellation. In the event that the City elects to meet the Reserve Requirement-2011 through the use of a Qualified Letter of Credit, Qualified Insurance or other equivalent credit enhancement device, the City may contract with the entity providing such Qualified Letter of Credit, Qualified Insurance or other equivalent credit enhancement device that the City's reimbursement obligation, if any, to such entity shall be made from payments of principal and interest on Parity Bonds from the City subject only to the prior lien thereon for the payments required hereunder to be made to registered owners of Parity Bonds. (c) Reserve Funds for Future Parity Bonds. In the event that the City issues Future Parity Bonds, the ordinance authorizing their issuance shall provide for the establishment of a reserve fund for such series ("a future reserve fund") and shall provide for the funding of the future reserve fund in an amount equal to the lesser of (i) Maximum Annual Debt Service with respect to the proposed issue of Future Parity Bonds or (ii) 125% of average annual debt service, but in no event in an amount equal to 10% of the proceeds of the proposed issue of Future Parity Bonds (the "Future Parity Bond reserve requirement"). Each future reserve fund shall be maintained for the purpose of securing the payment of the principal of and interest on the respective series of Future Parity Bonds. A Future Parity Bond reserve requirement may be maintained by deposits of cash, a Qualified Letter of Credit or Qualified Insurance, or a -27- combination of the foregoing. In computing the amount on hand in the future reserve fund, Qualified Insurance and/or a Qualified Letter of Credit shall be valued at the face amount thereof, and all other obligations purchased as an investment of moneys therein shall be valued at cost. As used herein, the term "cash" shall include U.S. currency, cash equivalents and evidences thereof, including demand deposits, certified or cashier's check; and the deposit to the future reserve fund may be satisfied initially by the transfer of qualified investments to such account. If the balances on hand in the future reserve fund are sufficient to satisfy its Future Parity Bond reserve requirement, interest earnings shall be applied as provided in the following sentences. Whenever there is a sufficient amount in the Bond Fund, including the future reserve fund to pay the principal of and interest on the respective series of outstanding Future Parity Bonds, the money in the future reserve fund may be used to pay such principal and interest. As long as the money left remaining on deposit in the future reserve fund is equal to the respective Future Parity Bond reserve requirement, money in the future reserve fund may be transferred to the Bond Fund and used to pay the principal of and interest on the series of Future Parity Bonds as the same becomes due and payable. The City also may transfer out of a future reserve fund any money required in order to prevent any Future Parity Bonds from becoming "arbitrage bonds" under the Code. (d) Priority of Lien of Payments into Bond Fund and Reserve Fund. The amounts so pledged to be paid into the Bond Fund and the Reserve Fund-2011 and any other reserve fund created for the benefit of outstanding Parity Bonds from the Revenue Fund and from ULID Assessments are hereby declared to be a prior lien and charge upon the Revenue of the System and ULID Assessments superior to all other charges of any kind or nature whatsoever except the -28-P:\20287_CMWI20287_9AJ 08f01f11 Costs of Maintenance and Operation of the System, and except that the amounts so pledged are of equal lien to the charges upon such Revenue and UUD Assessments for the payment of the principal of and interest on any Future Parity Bonds. (e) Application and Investment of Moneys in the Bond Fund and Reserve Fund. Money in the Bond Fund and Reserve Fund-20l1 may be kept in cash or invested as pe=itted by law. Investments in the Bond Fund shall mature prior to the date on which such money shall be needed for required interest or principal payments (for investments in the Bond Fund) or having a guaranteed redemption price prior to maturity. Investments in the Reserve Fund-2011 shall mature not later than the last maturity of any then outstanding Bonds. (f) Sufficiency of Revenues. The City Council hereby finds that in fixing the amounts to be paid into the Bond Fund and the Reserve Fund-2011 out of the Revenue of the System, it has exercised due regard for the Costs of Maintenance and Operation and has not obligated the City to set aside and pay into the Bond Fund and the Reserve Fund-2011 and any reserve fund created for outstanding Parity Bonds a greater amount of such Revenue than in its judgment will be available over and above the Costs of Maintenance and Operation. Section 9. Specific Covenants. (a) Rate Covenant. The City will establish, maintain and collect such rates and charges for service of its System for so long as any Bonds are outstanding as will maintain the Rate Covenant. (b) System Maintenance. The City will at all times maintain and keep the System in good repair, working order and condition, and also will at all times operate such utility and the business in connection therewith in an efficient manner and at a reasonable cost. -29- (c) Disposal of Properties. The City will not mortgage, sell, lease, or in any manner encumber or dispose of all or substantially all the property of the System (voluntarily or involuntarily), unless provision is made for payment into the Bond Fund of a sum sufficient to pay the principal of, premium, if any, and interest on all outstanding bonds payable therefrom, nor will it mortgage, sell, lease, or in any manner encumber or dispose of (including but not limited to a disposition by transfer to another public or private organization) voluntarily or involuntarily any part of the System that is used, useful and material to the operation of the System unless (l) the City certifies, based upon reasonable expectations, that the remaining assets of the System shall be sufficient to continue regular operations of the City on a financially sound basis for a period of at least five years and (2) provision is made for replacement thereof or for payment into the Bond Fund of the total amount of revenue received which shall not be less than an amount which shall bear the same ratio to the amount of outstanding Parity Bonds as the greater of (A) the Net Revenue available for Debt Service for such outstanding Parity Bonds for the 12 months preceding such sale, lease, encumbrance or disposal from the portion of the System sold, leased, encumbered or disposed of bears to the Net Revenue available for Debt Service for such Parity Bonds from the entire System for the same period; (B) the Revenue of the System for the 12 months preceding such sale, lease, encumbrance or disposal from the portion of the System sold, leased, encumbered or disposed of bears to the Revenue of the System for the same period; (C) the proportion of assets (on a depreciated basis) allocable to the assets being sold, leased, encumbered or disposed of bears to the total assets of the System; or -30-P:\20287 _CM\IV\20287 _9AJ 08/01/11 (D) the proportion of customers of the City allocable to the assets being sold, leased, encumbered or disposed of bears to the total number of customers of the System, provided, however, that the City may dispose of any portion of the facilities of the System up to an aggregate of five percent of the book value of the total assets of the System without the requirement for any deposit to the Bond Fund as hereinabove provided. Any such moneys so paid into the Bond Fund shall be used to retire such outstanding Parity Bonds at the earliest possible date. Any money received by the City as condemnation awards, insurance proceeds or the proceeds of sale, if not deposited to the Bond Fund, shall be used for the replacement of facilities of the System. (d) Books and Records. The City will, while any of the Bonds remains outstanding, keep proper and separate accounts and records in which complete and separate entries shall be made of all transactions relating to the System, and it will furnish the original purchaser or purchasers of the Bonds or any subsequent owner or owners thereof, at the written request of such owner or owners, complete operating and income statements of the System in reasonable detail covering any fiscal year, showing the financial condition of the water and sewer departments and compliance with the terms and conditions of this ordinance, not more than 150 days after the close of such fiscal year, and it will grant any owner or owners of at least 25% of the outstanding Bonds the right at all reasonable times to inspect the entire System and all records, accounts and data of the City relating thereto. Upon request of any owner of any of said Bonds, it will also furnish to such owner a copy of the most recently completed audit of the City's accounts by the State Auditor of Washington or independent certified public accountant. -31- (e) No Free Service. The City will not furnish water or sanitary sewerage disposal service to any customer whatsoever free of charge (except to aid the poor or infirm, to provide for resource conservation or to provide for the proper handling of hazardous materials) and will promptly take legal action to enforce collection of all delinquent accounts. (f) Property Insurance. The City will at all times carry fire and extended coverage and such other forms of insurance on the buildings, equipment, facilities and properties of the System, if such insurance is obtainable at reasonable rates and upon reasonable conditions, against such risks, in such amounts, and with such deductibles as the Council shall deem necessary for the protection of the System and the owners of all outstanding Parity Bonds. (g) Liability Insurance. The City will at all times keep and arrange to keep in full force and effect policies of public liability and property damage insurance which will protect the City against anyone claiming damages of any kind or nature arising out of the operation of the System, if such insurance is obtainable at reasonable rates and upon reasonable conditions, in such amounts and with such deductibles as the Council shall deem necessary for the protection of the City and the owners of the outstanding Parity Bonds. (h) Delinquencies of Accounts. The City will, on or before March 1 of each calendar year, determine all accounts that are delinquent and will take all necessary action to enforce payment of any such delinquencies. (i) ULID Assessments. All UUD Assessments shall be paid into the Bond Fund and shall be used to pay and secure the payment of the principal of and interest on the Bonds and Future Parity Bonds. Nothing in this ordinance or this section shall be construed to prohibit the City from issuing water, sewer or water and sewer revenue bonds junior in lien to the Bonds and pledging as security for their payment assessments levied in any UUD which may have been -32-P:\20287_CMWI20287_9AJ 08/01/11 specifically created to pay part of the cost of improvements to the System for which those junior lien bonds were specifically issued. Section 10. Tax Covenants. The City covenants that it will not take or permit to be taken on its behalf any action that would adversely affect the exemption from federal income taxation of the interest on the Bonds and will take or require to be taken such acts as may reasonably be within its ability and as may from time to time be required under applicable law to continue the exemption from federal income taxation of the interest on the Bonds. (a) Arbitrage Covenant. Without limiting the generality of the foregoing, the City covenants that it will not take any action or fail to take any action with respect to the proceeds of sale of the Bonds or any other funds of the City which may be deemed to be proceeds of the Bonds pursuant to Section 148 of the Code and the regulations promulgated thereunder which, if such use had been reasonably expected on the date of delivery of the Bonds to the initial purchasers thereof, would have caused the Bonds as "arbitrage bonds" within the meaning of such term as used in Section 148 of the Code. The City represents that it has not been notified of any listing or proposed listing by the Internal Revenue Service to the effect that it is an issuer whose arbitrage certifications may not be relied upon. The City will comply with the requirements of Section 148 of the Code and the applicable regulations thereunder throughout the term of the Bonds. (b) Private Person Use Limitation for Bonds. The City covenants that for as long as the Bonds are outstanding, it will not permit: (1) More than 10% of the Net Proceeds of the Bonds to be used for any Private Person Use; and -33- (2) More than 10% of the principal or interest payments on the Bonds in a Bond Year to be directly or indirectly: (A) secured by any interest in property used or to be used for any Private Person Use or secured by payments in respect of property used or to be used for any Private Person Use, or (B) derived from payments (whether or not made to the City) in respect of property, or borrowed money, used or to be used for any Private Person Use. The City further covenants that, if: (3) More than five percent of the Net Proceeds of the Bonds are to be used for any Private Person Use; and (4) More than five percent of the principal or interest payments on the Bonds in a Bond Year are (under the terms of this ordinance or any underlying arrangement) directly or indirectly: (A) secured by any interest in property used or to be used for any Private Person Use or secured by payments in respect of property used or to be used for any Private Person Use, or (B) derived from payments (whether or not made to the City) in respect of property, or borrowed money, used or to be used for any Private Person Use, then, (i) any Private Person Use of the projects described in subsection (3) hereof or Private Person Use payments described in subsection (4) hereof that is in excess of the five percent limitations described in such subsections (3) or (4) will be for a Private Person Use that is related to the state or local governmental use of the Project, and (ii) any Private Person Use will not exceed the amount of Net Proceeds of the Bonds used for the state or local governmental use portion of the project to which the Private Person Use of such portion of the Project relates. The City further covenants that it will comply with any limitations on the use of the projects by other -34-P:\20287 _CMVVI20287_9AJ 08/01111 than state and local governmental users that are necessary, in the opinion of its bond counsel, to preserve the tax exemption of the interest on the Bonds. The covenants of this section are specified solely to assure the continued exemption from regular income taxation of the interest on the Bonds. (c) Designation under Section 265(b) of the Code. The City hereby designates the Bonds as "qualified tax exempt obligations" for investment by financial institutions under Section 265(b) of the Code. The City does not anticipate that it will issue more than $10,000,000 in qualified tax-exempt obligations during 2011 (excluding obligations permitted by the Code to be excluded for purposes of the City's qualification as a qualified small issuer). (d) Modification of Tax Covenants. The covenants of this section are specified solely to assure the continued exemption from regular income taxation of the interest on the Bonds. To that end, the provisions of this section may be modified or eliminated without any requirement for formal amendment thereof upon receipt of an opinion of the City's bond counsel that such modification or elimination will not adversely affect the tax exemption of interest on any Bonds. Section 11. Issuance of Future Parity Bonds. (a) Conditions upon the Issuance of Future Parity Bonds. As long as any of the Bonds remain outstanding, the City hereby further covenants and agrees that it will not issue any Future Parity Bonds except that the City hereby reserves the right to issue additional water and sewer revenue bonds, which shall constitute a charge and lien upon the Revenue of the System equal to the lien thereon of the Bonds. Except as provided in subsection (b) below, the City shall not issue any series of Future Parity Bonds or incur any additional indebtedness with a parity lien or charge on Net Revenue (i.e., on a parity of lien with Parity Bonds at the time outstanding) unless: -35-P:\20287 _CMWI20287_9AJ 08/01/11 (1) the City shall not have been in default of its Rate Covenant for the immediately preceding fiscal year, and (2) The ordinance authorizing the issuance of such Future Parity Bonds shall include the covenants provided in Section 8( c) hereof and provide that the Future Parity Bond reserve requirement shall be funded no later than the date of delivery of the Future Parity Bonds. (3) there shall have been filed a certificate (prepared as described in subsection (c) or (d) below) demonstrating fulfillment of the Parity Requirement, commencing with the first full fiscal year following the date on which any portion of interest on the series of Future Parity Bonds then being issued no longer will be paid from the proceeds of such series of Future Parity Bonds. (b) No Certificate Required. The certificate described in the foregoing subsection (a)(2) shall not be required as a condition to the issuance of Future Parity Bonds: (1) if the Future Parity Bonds being issued are for the purpose of refunding outstanding Parity Bonds; or (2) if the Future Parity Bonds are being issued to pay costs of construction of facilities of the System for which Future Parity Bonds have been issued previously and the principal amount of such Future Parity Bonds being issued for completion purposes does not exceed an amount equal to an aggregate of 15% of the principal amount of Future Parity Bonds theretofore issued for such facilities and reasonably allocable to the facilities to be completed as shown in a written certificate of the City Representative, and there is delivered a Consultant's certificate stating that the nature and purpose of such facilities has not materially changed. (c) Certificate o/the City Without A Consultant. If required pursuant to the foregoing subsection (a)(2), a certificate may be delivered by the City (executed by the City -36-P:\20287 _CMWI20287_9AJ 08/01/11 Representative) without a Consultant if Net Revenue for the Base Period (confirmed by an independent auditor) conclusively demonstrate that the Parity Requirement will be fulfilled commencing with the first full fiscal year following the date on which any portion of interest on the series of Future Parity Bonds then being issued will not be paid from the proceeds of such series of Future Parity Bonds. (d) Certificate of a Consultant. Unless compliance with the requirements of subsection (a)(2) have been otherwise satisfied (as provided in (b) or (c) above), compliance with the Parity Requirement shall be demonstrated conclusively by a certificate of a Consultant. In making the computations of Net Revenue for the purpose of certifying compliance with the Parity Requirement, the Consultant shall use as a basis the Net Revenue (which may be based upon unaudited financial statements of the City if the audit has not yet been completed) for the Base Period. Such Net Revenue shall be determined by adding the following: (1) The historical net revenue of the City for the Base Period being issued as determined by a Consultant. (2) The net revenue derived from those customers of the City that have become customers during such 12-month period or thereafter and prior to the date of such certificate, adjusted to reflect a full year's net revenue from each such customer to the extent such net revenue was not included in (1) above. (3) The estimated annual net revenue to be derived from any person, firm, association, private or municipal corporation under any executed contract for service, which net revenue was not included in any of the sources of net revenue described in this subsection (d). (4) The estimated annual net revenue to be derived from the operation of any additions or improvements to or extensions of the City under construction but not completed at -37-P;\20287 _CMVV\20287 _9AJ 08/01/11 the time of such certificate and not being paid for out of the proceeds of sale of such Future Parity Bonds being issued, and which net revenue is not otherwise included in any of the sources of net revenue described in this subsection (d). (5) The estimated annual net revenue to be derived from the operation of any additions and improvements to or extensions of the City being paid for out of the proceeds of sale of such Bonds being issued. In the event the City will not derive any revenue as a result of the construction of the additions, improvements or extensions being made or to be made to the System within the provisions of subparagraphs (4) and (5) immediately above, the estimated no=al Costs of Maintenance and Operation (excluding any transfer of money to other funds of the City and license fees, taxes and payments in lieu of taxes payable to the City) of such additions, improvements and extensions shall be deducted from estimated annual net revenue. The words "historical net revenue" or "net revenue" as used in this subsection (d) shall mean the Revenue or any part or parts thereof less the normal expenses of maintenance and operation of the System or any part or parts thereof, but before depreciation. Such "historical net revenue" or "net revenue" shall be adjusted to reflect the rates and charges effective on the date of such certificate if there has been any change in such rates and charges during or after such 12-consecutive-month period. (e) Subordinate Lien Obligations. Nothing herein contained shall prevent the City from issuing revenue bonds or other obligations which are a charge upon the Revenue of the System junior or inferior to the payments required by this ordinance to be made out of such Revenue to pay and secure the payment of any outstanding Parity Bonds. -38- (f) Refonding Obligations. Nothing herein contained shall prevent the City from issuing revenue bonds to refund maturing Parity Bonds for the payment of which moneys are not otherwise available. Section 12. Form of Bonds. The Bonds shall be in substantially the following form: No. UNITED STATES OF AMERICA STATE OF WASHINGTON CITY OF MOSES LAKE WATER AND SEWER REVENUE BOND, 2011 INTEREST RATE: MATURITY DATE: REGISTERED OWNER: CEDE&Co. PRINCIP AL AMOUNT: $_-- CUSIPNO.: The City of Moses Lake, Washington, a municipal corporation organized and existing under and by virtue of the laws of the State of Washington (herein called the "City") hereby acknowledges itself to owe and for value received promises to pay, but only from the sources and as hereinafter provided, to the Registered Owner identified above, or registered assigns, on the Maturity Date identified above, the Principal Amount indicated above and to pay interest thereon from August ,2011, or the most recent date to which interest has been paid or duly provided for, at the Interest Rate set forth above, payable on March 1, 2012, and semiannually thereafter on the first days of each September and March until such principal sum is paid or payment has been duly provided for. Both principal of and interest on this bond are payable in lawful money of the United States of America. Interest and principal shall be paid as provided in the Blanket Issuer Letter of Representations (the "Letter of Representations") from the City to The Depository Trust Company ("DTC"). The fiscal agency of the State of Washington has been appointed by the City as the authenticating agent, paying agent and registrar for the bonds of this issue (the "Registrar"). Capitalized terms used in this bond that are not specifically defined have the meanings given such terms in Ordinance No. __ of the City (the "Bond Ordinance"). Reference is made to the Bond Ordinance and any and all modifications and amendments thereto for a description of the nature and extent of the security for the bonds of this issue, the funds or revenues pledged, and the terms and conditions upon which such bonds are issued. -39- This bond is one of an authorized issue of bonds of the City of like date and tenor except as to number, amount, rate of interest and date of maturity in the aggregate principal amount of $ . This issue of bonds is authorized by the Bond Ordinance for the purposes of providing money to pay part of the cost of construction and acquisition of certain improvements to the System, all in conformity with the laws of the State of Washington and ordinances of the City. This bond and the bonds of this issue are payable solely from the special funds of the City defined as the "Bond Fund" in the Bond Ordinance. The City has irrevocably obligated and bound itself to pay into the Bond Fund out of the Revenue of the System or from such other moneys as may be provided therefor certain amounts necessary to pay and secure the payment of the principal and interest on such bonds. The bonds of this issue are not general obligations of the City. The City has designated the bonds of this issue as qualified tax-exempt obligations for purposes of Section 265(b) ofthe Internal Revenue Code of 1986. The bonds of this issue are issued under and in accordance with the provisions of the Constitution and applicable statutes of the State of Washington and duly adopted ordinances of the City. The City hereby covenants and agrees with the owner of this bond that it will keep and perform all the covenants of this bond and of the Bond Ordinance to be by it kept and performed, and reference is hereby made to the Bond Ordinance for a complete statement of such covenants. The City does hereby pledge and bind itself to set aside trom the Revenue Fund out of the revenue of the System and to pay into the Bond Fund and the Reserve Fund-2011 the various amOlmts required by the Bond Ordinance to be paid into and maintained in such Fund and account, all within the times provided by the Bond Ordinance. To the extent more particularly provided by the Bond Ordinance, the amounts so pledged to be paid from the Revenue Fund out of the revenue of the System into the Bond Fund and the account therein shall be a lien and charge thereon equal in rank to the lien and charge upon said revenue of the 2004 Bonds and the amounts required to pay and secure the payment of any revenue bonds of the City hereafter issued on a parity with 2004 Bonds and the bonds of this issue and superior to all other liens and charges of any kind or nature except the Costs of Maintenance and Operation of the System. The pledge of Revenue of the System and other obligations of the City under the Bond Ordinance may be discharged at or prior to the maturity or redemption of the bonds of this issue upon the making of provision for the payment thereof on the terms and conditions set forth in the Bond Ordinance. The bonds of this issue are subj ect to redemption prior to their stated maturities as stated in the Bond Ordinance. This bond shall not be valid or become obligatory for any purpose or be entitled to any security or benefit under the Bond Ordinance until the Certificate of Authentication hereon shall have been manually signed by the Registrar. -40-P:\20287 _CMVI/\20287 _9AJ 08/01/11 It is hereby certified that all acts, conditions, and things required by the Constitution and statutes of the State of Washington to exist, to have happened, been done, and performed precedent to and in the issuance of this bond have happened, been done, and performed. IN WITNESS WHEREOF, the City of Moses Lake, Washington has caused this bond to be signed with the facsimile or manual signature of the Mayor, to be attested by the facsimile or manual signature of the City's Finance Director, and the corporate seal of the City to be impressed, imprinted or otherwise reproduced hereon, all as of this _ day of August, 2011. CITY OF MOSES LAKE, WASHINGTON By ________ ~/s~/~fu~c~s~im~l~·le~or~m~an~u~a~I~ __ _ Mayor (SEAL) ATTEST: lsi facsimile or manual Finance Director The Registrar's certificate authentication on the Bonds shall be m substantially the following form: CERTIFICATE OF AUTHENTICATION Date of Authentication: _________ , 2011 This bond is one of the bonds described in the within-mentioned Bond Ordinance and is one of the Water and Sewer Revenue Bonds, 2011 of the City of Moses Lake, Washington, dated August _,2011. WASHINGTON STATE FISCAL AGENCY, Registrar By ________ ~~~--------_ Authorized Signer Section 13. Execution of Bonds. The Bonds shall be executed on behalf of the City with the manual or facsimile signature of the Mayor, shall be attested by the manual or facsimile signature of the Finance Director, and the seal of the City shall be impressed, imprinted or otherwise reproduced thereon. -41- Only such Bonds as shall bear thereon a Certificate of Authentication in the form hereinbefore recited, manually executed by the Registrar, shall be valid or obligatory for any purpose or entitled to the benefits of this ordinance. Such Certificate of Authentication shall be conclusive evidence that the Bonds so authenticated have been duly executed, authenticated, and delivered hereunder and are entitled to the benefits of this ordinance. In case either of the officers who shall have executed the Bonds shall cease to be an officer or officers of the City before the Bonds so signed shall have been authenticated or delivered by the Registrar, or issued by the City, such Bonds shall be valid nevertheless and may be issued by the City with the same effect as though the persons who had executed such Bonds had not ceased to be such officers. Section 14. Defeasance. In the event that money andJor Governmental Obligations maturing at such time or times and bearing interest to be earned thereon in amounts sufficient to redeem and retire any bonds payable out of the Bond Fund in accordance with their terms are irrevocably set aside in a special account to effect such redemption and retirement, then no further payments need be made into the Bond Fund for the payment of the principal of and interest on such Bonds and the owner of such Bonds shall cease to be entitled to any lien, benefit or security of this ordinance except the right to receive the funds so set aside and pledged, and such Bonds shall be deemed not to be outstanding hereunder. The Registrar shall provide notice of defeasance of Bonds to Registered Owners and to each party entitled to receive notice in accordance with Section 18 of this ordinance. Section 15. Lost or Destroyed Bonds. In case any Bonds shall be lost, stolen or destroyed, the Registrar may authenticate and deliver a new Bond or Bonds of like amount, date and tenor to the owner thereof upon the owner's paying the expenses and charges of the -42-P:\20287 _CMWI20287_9AJ 08f01f11 Registrar and the City in connection therewith and upon his filing with the Registrar and the City evidence satisfactory to both that such Bond or Bonds were actually lost, stolen or destroyed and of his ownership thereof, and upon furnishing the City and the Registrar with indemnity satisfactory to both. Section 16. Sale of Bonds. The City hereby accepts the written offer of the Underwriter to purchase the Bonds at the price set forth in its purchase offer presented to this Council and under the terms, conditions and covenants of the Bonds as set forth herein. The City Representative is authorized and directed to execute the purchase offer presented by the Underwriter. The City Administrator and the Finance Director are hereby authorized to review and approve on behalf of the City the preliminary and final Official Statements relative to the Bonds with such additions and changes as may be deemed necessary and advisable to them. The Preliminary Official Statement for the Bonds, dated , 2011, is hereby deemed final for purposes of Securities and Exchange Commission Rule 15c2-12. The Finance Director and other City officials, agents and representatives are hereby authorized and directed to do everything necessary for the prompt issuance, execution and delivery of the Bonds to the Underwriter, and for the proper use and application of the proceeds of sale of the Bonds. Section 17. Disposition of Bond Proceeds. The Finance Director has heretofore established the Operations Complex Construction Fund #472 within the Water Sewer Fund of the City (the "Project Fund"). The net proceeds of sale of the Bonds shall be deposited in the Project Fund and shall be expended solely to pay the cost of issuing and selling the Bonds and, together with other available moneys of the City, shall be used to undertake the Project. Money -43-P:\20287 _CMW\20287 _9AJ 08/01/11 in the Project Fund shall be invested by the Finance Director, pending disbursement, in any legal investment for City funds. Section 18. Undertaking to Provide Ongoing Disclosure. (a) Contract/Undertaking. This section constitutes the City'S written undertaking for the benefit of the owners of the Bonds as required by Section (b)(5) of the Rule. (b) Financial Statements/Operating Data. The City agrees to provide or cause to be provided to the Municipal Securities Rulemaking Board ("MSRB"), the following annual financial information and operating data for the prior fiscal year (commencing in 2012 for the fiscal year ended December 31, 2011): 1. Annual financial statements, which statements mayor may not be audited, showing ending fund balances for the System prepared in accordance with the Budget Accounting and Reporting System prescribed by the Washington State Auditor pursuant to RCW 43.09.200; 2. The principal amount of Parity Bonds; 3. Debt service coverage for Parity Bonds; 4. Rates for the System; and 5. Number of customers of the System. Items 2-5 shall be required only to the extent that such information is not included in the annual financial statements. The information and data described above shall be provided on or before nine months after the end of the City'S fiscal year. The City'S current fiscal year ends December 31. The City may adjust such fiscal year by providing written notice of the change of fiscal year to the MSRB. In lieu of providing such annual financial information and operating data, the City may -44- cross-refer to other documents available to the public on the MSRB's internet website or filed with the SEC. If not provided as part of the annual financial information discussed above, the City shall provide the City's audited annual financial statement prepared in accordance with the Budget Accounting and Reporting System prescribed by the Washington State Auditor pursuant to RCW 43.09.200 (or any successor statute) when and if available to the MSRB. (c) Material Events. The City agrees to provide or cause to be provided, in a timely manner, to the MSRB notice of the occurrence of any of the following events with respect to the Bonds not in excess of ten business days after the occurrence of the event: • Principal and interest payment delinquencies; • Non-payment related defaults, if material; • Unscheduled draws on debt service reserves reflecting financial difficulties; • Unscheduled draws on credit enhancements reflecting financial difficulties; • Substitution of credit or liquidity providers, or their failure to perform; • Adverse tax opinions, the issuance by the Internal Revenue Service of proposed or final determinations of taxability, Notices of Proposed Issue (IRS Form 5701-TEB) or other material notices or determinations with respect to the tax status of the Bonds, or other material events affecting the tax status of the Bonds~ • Modifications to the rights of Bondholders, if material; • Bond calls, if material, and tender offers; • Defeasances; -45-P:\20287_CMW\20287_9AJ Oa/01!11 • Release, substitution, or sale of property securing repayment of the Bonds, if material; • Rating changes; • Bankruptcy, insolvency, receivership or similar event of the City; • The consummation of a merger, consolidation, or acquisition involving the City or the sale of all or substantially all of the assets of the City, other than in the ordinary course of business, the entry into a definitive agreement to undertake such an action or the termination of a definitive agreement relating to any such actions, other than pursuant to its terms, if material; and • Appointment of a successor or additional trustee or the change of name of a trustee, if material. Solely for purposes of information, and not intending to modify this undertaking, the City advises that no property secures payment of the Bonds. The City shall promptly determine whether the events described above are material. (d) Notification Upon Failure to Provide Financial Data. The City agrees to provide or cause to be provided, in a timely manner to the MSRB notice of its failure to provide the annual financial information described in Subsection (b) above on or prior to the date set forth in Subsection (b) above. (e) Emma; Format for Filings with the MSRB. Until otherwise designated by the MSRB or the SEC, any information or notices submitted to the MSRB in compliance with the Rule are to be submitted through the MSRB's Electronic Municipal Market Access system ("EMMA"), currently located at www.emma.msrb.org. All notices, financial information and operating data required by this undertaking to be provided to the MSRB must be in an electronic -46-P:\20287 _CMVV\20287_9AJ 08101111 format as prescribed by the MSRB. All documents provided to the MSRB pursuant to this undertaking must be accompanied by identifYing information as prescribed by the MSRB. (f) Termination/Modification. The City's obligations to provide annual financial information and notices of material events shall terminate upon the legal defeasance, prior redemption or payment in full of all of the Bonds. Any provision of this section shall be null and void if the City (l) obtains an opinion of nationally recognized bond counsel to the effect that the portion of the Rule that requires that provision is invalid, has been repealed retroactively or otherwise does not apply to the Bonds and (2) notifies the MSRB of such opinion and the cancellation of this section. The City may amend this section with an opinion of nationally recognized bond counsel in accordance with the Rule. In the event of any amendment of this section, the City shall describe such amendment in the next annual report, and shall include, a narrative explanation of the reason for the amendment and its impact on the type (or in the case of a change of accounting principles, on the presentation) of financial information or operating data being presented by the City. In addition, if the amendment relates to the accounting principles to be followed in preparing financial statements, (i) notice of such change shall be given in the same manner as for a material event under Subsection (c), and (ii) the annual report for the year in which the change is made shall present a comparison (in narrative form and also, if feasible, in quantitative form) between the financial statements as prepared on the basis of the new accounting principles and those prepared on the basis of the former accounting principles. (g) Bond Owner's Remedies Under This Section. The right of any bondowner or beneficial owner of Bonds to enforce the provisions of this section shall be limited to a right to obtain specific enforcement of the City'S obligations under this section, and any failure by the -47-P:\20287 _CM\f\II20287 _9AJ 08/01/11 City to comply with the provisions of this undertaking shall not be an event of default with respect to the Bonds. For purposes of this section, "beneficial owner" means any person who has the power, directly or indirectly, to vote or consent with respect to, or to dispose of ownership of, any Bonds, including persons holding Bonds through nominees or depositories. (h) No Default. The City is not and has not been in default in the performance of its obligations of any prior undertaking for ongoing disclosure with respect to its obligations. Section 19. Effective Date. The City Council declares that an emergency exists and this ordinance shall take effect immediately as provided by law upon one reading if 2/3 of the entire City Council present vote in favor of passage. Adopted by the City Council and signed by its Mayor on August 9, 2011. CITY OF MOSES LAKE, WASHINGTON Mayor ATTEST: Finance Director APPROVED AS TO FORM: City Attorney -48-P:\20287 _CMW\20287 _9AJ 08/01/11 CERTIFICATE OF FINANCE DIRECTOR I DO HEREBY CERTIFY that I am the duly chosen, qualified and acting Finance Director of the City of Moses Lake, Washington (the "City"), and keeper of the records of the City Council (the "Council"); and I HEREBY CERTIFY: I. That the attached ordinance is a true and correct copy of Ordinance No. __ of the City (the "Ordinance"), as finally passed at a regular meeting of the Council held on the 9th day of August, 2011, and duly recorded in my office. 2. That said meeting was dilly convened and held in all respects in accordance with law, and to the extent required by law, due and proper notice of such meeting was given; that a quorum was present throughout the meeting and a legally sufficient number of members of the Council voted in the proper manner for the passage of the Ordinance; that all other requirements and proceedings incident to the proper passage of the Ordinance have been duly fulfilled, carried out and otherwise observed, and that I am authorized to execute this certificate. IN WITNESS WHEREOF, I have hereunto set my hand this 9th of August, 2011. Finance Director P:\20287 _CMWI20287_9AJ 08f01/11 Appendix D AUDIT REPORT August 1, 2011 TO: City Manager FROM: Assistant Finance Directo~~ SUBJECT: Investment Report Attached is the Investment Report for the month of July, 2011. cc: Finance Director Accounting Division Manager I nvestment Report July, 2011 Investment Investment Amount Interest Purchase Maturity Interest With Type Rate Date Date Earned Investments Outstanding Total Outstanding: $0.00 Investment Maturities Sterling Savings Bank C.D. 500,000.00 0.50 11/15/10 07/06/11 1,595.88 Grant County Invest Pool Invest Acct 8,976,553.99 2.45 06/01/11 06/30/11 19,164.44 Wa. State Invest Pool Invest Acel 7,979,312.87 0.16 06/01/11 06/30/11 3,139.88 Total Maturities: 17,455,866.86 Investment Purchases Grant County Invest Pool Invest Acct 8,995,718.43 2.70 07/01/11 07/31/11 Wa. State Invest Pool Invest Acel 10,073,118.31 0.16 07/01/11 07/31/11 Total Purchases: 19,068,836.74 I nvestment Totals Beginning Balance * 17,455,866.86 Total Maturities 17,455,866.86 Total Purchases 19,068,836.74 Endinq Balance * 19,068,836.74 I Monthlv Interest Earned 23,900.20 * Beginning Balance = Total Outstanding + Total Maturities *Ending Balance = Beginning Balance -Total Maturities + Total Purchases July 29, 2011 Honorable Mayor and Moses Lake City Council Dear Council Members (ITYOF HOSES LAKE Attached is sales tax information for May 2011 sales which the City received on July 29, 2011. This report indicates the City received $431,750.56. The $431,750.56 in receipts for May compares with May 2010 receipts of $380,216.47. Forthe year, the 2011 receipts are approximately 6% above the 2010 receipts for the same period. Also provided is the transient rental income report for income the City received on July 29, 2011. This report indicates July 2011 income (for May sales) of $65,576.42. This compares with $52,719.70 for the same period in 2010. For the year, transient rental income receipts are approximately 17% higher than the 201 0 receipts for the same period. 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 July 28, 20ll TO: City Manager FROM: Assistant Finance Director ~ SUBJECT: Sales Tax Receipts Attached is the Sales Tax Receipts -Monthly Report for July, 201l. cc: Finance Director Parks & Recreation Director Sales Tax Receipts -Monthly Month Sales YTD Received Period 2007 2008 2009 2010 2011 Change Jan Nov 366,649.98 408,717.83 423,485.93 373,688.80 367,830.83 -2% Feb Dec 453,335.99 469,332.60 575,401.82 560,731.77 488,453.72 -8% Mar Jan 311,510.31 367,342.57 363,518.70 276,352.86 324,247.20 -2% Apr Feb 337,783.87 385,196.04 346,570.37 330,932.86 368,305.65 0% May Mar 441,481.89 495,704.60 425,086.28 402,951.97 456,738.86 3% June Apr 440,364.61 432,257.32 428,915.48 384,565.04 439,396.45 5% July May 485,247.33 522,411.98 421,462.37 380,216.47 431,750.56 6% Aug June 544,934.95 564,229.35 470,623.43 456,372.87 Sept July 526,071.84 527,800.54 409,860.53 407,935.17 Oct Aug 462,833.37 506,697.78 406,419.10 390,800.44 Nov Sept 528,050.31 509,888.34 447,607.52 438,011.36 Dec Oct 411,922.14 475,693.08 378,139.72 394,167.42 Totals 5,310,186.59 5,665,272.03 5,097091.25 4796,727.03 2876,723.27 July 29, 2011 TO: City Manager FROM: Assistant Finance Director~ SUBJECT: Transient Rental Income Report Attached are the Transient Rental Income reports for July, 2011. cc: Finance Director Parks & Recreation Director TRANSIENT RENTAL INCOME -MONTHLY TOTAL RECEIVED MONTH SALES YTD RECEIVED PERIOD 2008 2009 2010 2011 Change JAN NOV 25,439.96 48,677.30 24,816.04 39,728.66 60% FEB DEC 22,307.84 26,992.76 20,136.24 25,155.98 44% MAR JAN 23,765.62 31,765.70 27,491.94 30,274.86 31% APRIL FEB 29,127.16 29,104.60 27,550.16 35,015.70 30% MAY MAR 35,841.14 35,279.84 40,994.90 31,217.30 14% JUNE APRIL 36,360.40 57,063.10 37,657.72 43,150.52 14% JULY MAY 64,873.16 45,202.58 52,719.70 65,576.42 17% AUGUST JUNE 70,594.58 62,361.10 58,321.18 SEPT JULY 73,416.92 62,393.64 62,545.06 OCT AUGUST 72,705.52 58,102.10 61,950.36 NOV SEPT 58,096.10 48,046.92 46,504.36 DEC OCT 47,362.30 31,418.10 30,765.44 TOTALS 559890.70 536,407.74 491,453.10 270,119.44