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HomeMy WebLinkAbout1428 OrdinanceORDINANCE NO. 1428 AN ORDINANCE AMENDING SECTION 41 OF ORDINANCE NO. 1306, PASCO CITY CODE 2.42.240, BEING AN ORDINANCE RELATING TO CITY SERVICE, ESTABLISHING RULES GOVERNING HOURS OF WORK, PROVISIONS FOR SICK AND VACATION LEAVE, HOLIDAYS, TRAVEL EXPENSES, COM- PENSATION, AND OTHER PRACTICES, AND ALL ORDINANCES OR PART OF ORDINANCES IN CONFLICT HEREWITH. THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. Section 41 of Ordinance No. 1306, Pasco City Code 2.42.240, is hereby amended to read as follows: "The City Manager and Department Heads shall accumulate vacation and sick leave at the maxi- mum allowable rate." Section 2. This Ordinance shall be in full force and effect after its passage and publication as required by law. PASSED and APPROVED this 7th day of July, 1970. .E. CARTER, MAYOR APPROVED AS TO FORM: D. WAYNE C MPBELL, CITY//ATTORNEY LAW BOOK PUBLISHERS • MUNICIPAL AND STATE CODES 2518 WESTERN AVENUE . SEATTLE, WASHINGTON 981211 (206) 623-4221 July:29., 1970 Mr. Harry D. Kinzer City Clerk City Hall Pasco, Washington 99301 Dear Harry, The enclosed let:t.er to. Wayne :Campbell is self explanatory. .Evidently, the adopting ordinance.-- which also had the general penalty.clau.se -- was lost in the :shuffle of manager, clerks, etc. We are planning to supplement for you :every six months.from now on; but think :it is a good idea to get the adopting ordinance and all others to date :in as soon as possible. Do you agree?: I'll be waiting to hear from you. Cordially, A. W. (Bud) Tinsley. Municipal Code Consultant AWT/fgt Enclosures BOA LAW'BOOK PUBLISHERS MUNICIPAL AND STATE CODES 2518 WESTERN AVENUE . SEATTLE, WASH/NMN 981211{206) 623-4221 July 29, 1970 ` Mr. `D. Wayne Campbell -City Attorney :P: 0. Box 293 Pasco, Washington- 99301 Dear Mr. Campbell, Here is a,copy of the code adoption sample ordinance. We :sent the original and one copy to the city September 223, 1969.. Of course, it is not desirable -- or even possible to adopt a code before you have the actual copies available for inspection. ` When I was last in Pasco --=earlier this month -- I mentioned the fact that the city had not yet passed an adoption ordinance to.your new city clerk. He, too, was unaware that we had sent ''one. You will'note that -the general penalty clause is codified .iunder.1.01.130 of the sample ordinance. Possibly, you will want to make some changes in this sample. Most Washington cities have found that it serves their purpose and you may agree that it is o.k..for Pasco -- if so fine. The.last ordinance in the code as it is now is.1412. It probably would be a good idea to send all you have passed -since along with the adopting ordinance and we can get out a special,supplement. No additional expense to the city would be involved as you pay on a "per page" basis. Mr. Kinzer asked us to set up a six month supplement schedule for•Pasco. I think everyone concerned will like that better. If you have questions or comments, please call me collect. Cordially., A. W. (Bud) Tinsley Municipal Code Consultant AWT/ fgt Enclosures cc: Mr. Harry D. Kinzer City Clerk. CODE ADOPTION PROVISIONS Note: This would require an enacting clause and a code adopting bTifi se to serve as the code adopting ordinance. However, it does contain the basic material usually found in such an ordinance. The list of exclusions in Section 1.01.120 is indicative only and is not intended to be complete. It should he added to as different areas or specific exclusions are discovered. 1.01.010 Title--Citation--Reference. This code shall be known as the_Pasco Muncipa Code andt shall be sufficient to refer to said code as the "Pasco municipal Code" in any prosecution for the violation of any provision thereof or in any proceeding at law or equity. It shall also be sufficient to designate any ordinance adding to, amend- ing, correcting or repealing all or any part or portion thereof as an addition to, amendment to, correction or repeal of the "Pasco Municipal Code.' further, reference may be had to the titles, chapters, sections and subsections of the "Pasco Municipal Code" and such reference shall apply to that numbered title, chapter, section or subsection as it appears in this code. 1.01.020 Referencelies to amendments. Whenever a reference is :Hasa to th3.s c ap' i-appe "?Pasco Kunicip-al Code" or to any portion thereof, or to any ordinance or the City of Pasco, Washington, the reference shall apply to all amendments, corrections and additions here- tofore, now or hereafter made. 1.01.030 Codification authori�_ This code consists of all of the recrulitory ancl• pinaTordinances and certain of the administrative ordinar;cas of the city of Pasco, Washington, codified pursuant to RCW 35.21..500 through 35.21.570. 1.0.1.040 Definitions. The following words and phrases whenever used tri th-.aYcode `sha3Y be construed as defined in this section unless from the context a different meaning is intended, or unless different meaning is specifically defined and more particularly directod.to the use of nisch words or phrases: (1) "City" shall mean the city of Pasco, Washington, or the area within the territorial city limits of the city of Pasco and such terri- tory outside of this city over which the city has jurisdiction or con- trol by virtue of any Constitutional provisions, or any law. (2) "Council" shall mean the city council of the city of Pasco, Washington. (3) "County" shall mean the county of Franklin. (4) "Health Officer" shall mean any person.designated as such by the Benton -Franklin District Health office, or any other parson desig- nated as such by the City Council. (5) "Ovth" inclq_"} es affirmation. . (5) "Office."use of the title of any officer, employee, or any office, or ordina=a.ce shall mean such officer, employee* office, or ordinance of the cfty.af Pasco, Washington, unless otherwise specifical- ly designated. ... (7)'P:'z:..T.. shall mean natural persdn, joint venture, joint stock company, par ersti,p, association,.club, dompany, corporation, business trust, orgar_,t tion,,;;or the manager, lessee, agent, servant, officer or employe ., 3� Bina ' o'f then. I 1` i (8) "Shall" and "must." Each is mandatory. (9) "may" is permissive. (10) "Street" shall include all streets, highways, avenues, lanes, alleys, courts, places, squares, curbs, or other Public ways in this city which have been or may hereafter he dedicated and open to public use, or such other public property so designated in any law of this state. ;11) "Written" shall include printed, typewritten, mimeographed or mm 2 ti.graphed. .01.0.50 Grammatical interpretation. The following grammatical rules'Tal apply in this code i '��"^ (1) Gender. Any gender includes the other genders. (2) Singular and plural. -The singular number inclu4es the plural and the plural includes the singular. (3) Tenses. Words used in the present tense include the past and the future tenses and vice versa. (4) Use of words and phrases. Words and phrases used in this code and not specifically defined shall be construed according to the context and approved usage of the language. 1.01.060 Construction. The provisions of this code and all pro - c eedi ngR under .. are tome construed with a view to effect its objects and to promote j us t ice. .01.070 Title, chapter and section headings. Title, chapter and section hea�f ri�g:sy centa�'ned- herein s3�a�l not be 8eit�d to govern, limit, modify or in any manner affect the scope, meaning or intent of. the pro- visions of any title, chapter or section hereof. 1.01.080 Reference to s cific ordinances. The provisions of this code iYiII not 3`n iny�.manner £een �epo`s is or other matters of record which refer .to, or are otherwise connected with ordinances which are therein specifically designated by number or otherwise and which are included within the code, but such reference shall be construed to apply to the corresponding provisions contained within this code. 1.01.090 Effect of code 0-n past actions and obligations. Neither theyadoptiozi off` tTi code` nor tie repeal -Vii -ii ndmen s Truly of any ordinance or part or portion of any ordinance of the city shall in any. manner affect the prosecution for violations of ordinances, which vio- lations were committed prior to the effective date hereof, nor be con- strued as a waiver of any license, fere, or penalty at said effective date clue and unpaid under such ordinances, nor be construed as affecting any of the provisions of such ordinances relating to the collection of any such license, fee, or penalty, on the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed, or deposited pur- suant to any ordinance, and all rights and obligations thereunder apper- taining shall continue in full force and: effect. 1.01.100 Repeal shall not revive any ordinances. The an or�iriance�s�sa� nc�t repeal the rQpeaiing eiause o� such or revive any ordinance which has been repealed thereby. .. It repeal of ordinance c 1.01.110 Re sal. All general ordinances of the City of Pasco not inclMed in this code or excluded from the operation and effect of this section are hereby repealed. 1.01.120 Exclusions. Every special ordinance of this city govern- ing tEW T-6115w1ing au ect matter, whether contained in whole or in part within this code, is excluded from the operation and effect of Section 1.01.110 and is not affected by the repeal provisions hereof. Annexa- tions; franchises7 naming roads, streets and public places; acquisition or disposal of public property; vacation of streets, alleys, or public ways; acceptance of any gift, devise, license or other benefit; provided that the foregoing enumeration of exceptions or exclusions shall not be deemed to be exclusive or exhaustive, it being the intent and purpose to exclude from repeal any and all ordinances not of a general nature. F_ 1.01.130 Violations--ranalt . It shall be unlawful for any person to vinlate any provision or to fa l to comply with any of the require- ments of this code. Any person violating any of the provisions or fail- ing to comply with any.o€ the mandatory requirements of this code, un- less provision is otherwise herein made, shall upon conviction thereof, be punished by a fine of not more than five hundred dollars, or by im- prisonment for a period of not more than six months, or by both such fine and imprisonment.- Each such person shall be guilty of a separate offense for each and every day during any portion of which any violation of any provision of this code is=committed, continued, or permitted by such person and shall be punished accordingly. In addition to the pen- alties hereinabove provided, any condition caused or permitted to exist in violation of any of the provisions of this code shall be deemed a public nuisance and may be, by this city, summarily abated as such, and each day that such condition continues shall be regarded as a new and separate offense. 1.01.140 Prohibited acts include causing, rmitti�n etc. When- ever lin' thiscoo a any act or- om�ssron �s mads unlawful, it shall include causing, allowing, permitting, aiding, abetting, suffering, or conceal- ing the fact of such act or omission. 1.01.150 Effective date. This code shall become effective on the datethe ordnance ac�'optfng'this code as the "Pasco municipal Code" shall become effective 1.01.160 Constitutionality. If any section, subsection, sentence, clause or phrase o this code 'fs for any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The council hereby declares that it would have passed this code, and each section, subsection, sentence,: clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been de- clared invalid or unconstitutional, -,and if for any reason this code should be declared invalid or unconaiitutional, then the original ordi- nance or ordinances shall be in full force and effect.