HomeMy WebLinkAbout2675 OrdinanceORDINANCE NO. 2675
AN ORDINANCE concerning business licenses generally and
amending Chapter 5.04 of the Pasco Municipal Code.
THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON DO ORDAIN
AS FOLLOWS:
Section 1. Chapter 5.04 of the Pasco Municipal code is
hereby amended as set forth below. Additions to the Chapter are
shown by underlining and language that has been deleted is shown
by interlineation.
CHAPTER 5.04
LICENSES GENERALLY
Sections:
5.04.010 Definitions.
5.04.020 Licenses required.
5.04.030 Waiver.
5.04.040 Exercise of licensing power.
5.04.050 Application for license.
5.04.052 Responsibility of applicant/licensee.
5.04.055 Agents responsible for obtaining license.
5.04.057 Duties of licensee.
5.04.060 Term of licenses.
5.04.070 Posting-Inspection.
5.04.080 Transfers.
5.04.090 Rebates not to be paid.
5.04.100 Multiple business-Payment of one fee.
5.04.110 Revocation of license.
5.04.120 Maximum fee.
5.04.140 Square footage charges.
5.04.160 Fees.
5.04.170 Exemptions.
5.04.180 Licenses to be obtained by first regular
business day of January.
5.04.190 Late payment fee.
5.04.200 Collection of fees by civil action.
5.04.210 Code infraction-Civil penalty.
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5.04.010 DEFINITIONS. (a) "Business" means all
activities, occupations, trades, pursuits or professions
located and/or engaged in within the city with the
object of gain, benefit, or advantage, directly or
indirectly. Each business location shall be deemed a
separate business except separate locations for storage
only.
(b) "City" means city of Pasco, Washington.
(c) "Outside area" means unenclosed areas used for
selling, display, or storage.
(d) "Licensee" shall include the applicant(s) for a
business license or the holder thereof for any use or
period of time.
-fel} (e) "Person" means any individual, partnership,
joint venture, company, firm, corporation, association,
receiver, assignee, trustee, trust, estate, club, or any
group of individuals acting as a unit. Those engaged in
the practice of a profession will be treated as any
other person.
i-e} (f) "Square feet of floor space" means the total
area of enclosed floor space regardless of use or
location. (Prior code Sec. 3-1.04).
5.04.020 LICENSE REQUIRED. It is unlawful for any
person to engage in any business within the city or to
conduct any shows, exhibitions, or lawful games within
the city without a license issued by the city and
comply±mg with the terms requirements of this chapter.
(Ord. 2261 Sec. 1, 1981: prior code Sec. 3-1.30).
5.04.030 WAIVER. The city council shall have the
right to waive by motion the business licenses imposed
under this chapter whenever the city council deems it in
the public interest that the business license not be
required. Any such motion must be passed by a majority
of the members of the city council and the council
minutes shall reflect the motion and the number of
councilmen voting in favor thereof. (Prior code Sec.
3-1.32).
5.04.040 EXERCISE OF LICENSING POWER. The
provisions of this chapter shall be deemed an exercise
of the power of the city to license for regulation and
revenue. (Prior code Sec. 3-1.34).
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5.04.050 APPLICATION FOR LICENSE. Each applicant
for a license shall file an application with the city
clerk. The application shall be in writing and signed
by the applicant and shall give the applicant's
residence address and business address and such other
information as shall be required by the city clerk.
Upon payment of the license fee, and satisfactory
compliance with other applicable city ordinances and
general laws, the clerk shall issue the license. (Ord.
1447 Sec. 1, 1970: prior code Sec. 3-1.40).
5.04.052 RESPONSIBILITY OF APPLICANT/LICENSEE. (a)
Information. Any applicant for a business license shall
be responsible for the accuracy of the information given
and statements made on the application form. In the
event information provided on the application form
becomes incorrect or inaccurate for any reason after
issuance of a license by the city, the applicant is
personally responsible to file an amended application
containing the correct information with the City Clerk.
(b) Requirements of this chapter. The applicant for
a business license is personally responsible for
compliance with the requirements of this chapter by the
business named on any license issued on the basis of the
application signed by the applicant.
5.04.055 AGENTS RESPONSIBLE FOR OBTAINING LICENSE.
The agents or other representatives of non-residents who
are doing business in this city shall be personally
responsible for the compliance of their principals and
of the businesses they represent with this chapter.
5.04.057 DUTIES OF LICENSEE. Every
applicant/licensee under this chapter shall:
(a) Ascertain and at all time comply with all laws
and regulations applicable to such licensed business.
(b) Be personally responsible for the business
operation and activities occurring on the business
premises.
(c) Avoid all illegal practices or conditions on the
business premises which do or may harmfully affect the
public health, safety or welfare; including the taking
of such corrective or preventative actions as are
reasonably available (i.e., supervision, prohibiting
lawbreakers and troublemakers from the business
premises, reporting criminal acivity to the police) and
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requested in writing by the City Manager or his
designee.
5.04.060 TERM OF LICENSES. All licenses shall be
for a period of one year, unless otherwise provided
herein; such license to begin January 1st of each year
and terminate the following December 31st, and must be
renewed annually in advance. Any license which is
hereinafter required for any year shaii--15e-ere-helf-e€
the-i±eense-fee7-w1t±e1't-sha1l entitle the licensees(s) to
operate within the city until December 31st of the year
after which date the license is issued by the city
unless revoked pursuant to section 5.04.110. I±eesse
she
advamee7 Any and all licenses issued for any new
business which shall begin operation after January 1st
of any year, up to and including June 30th of any year,
shall be required to pay the full license feeT,but only
one-half the license fee if operations begin after June
30th. (Prior code Sec. 3-1.44).
5.04.070 POSTING - INSPECTION. The license shall
be conspicuously posted in each place of business and
shall be produced for inspection upon the request of any
authorized city official. (Prior code Sec. 3-1.48).
5.04.080 TRANSFERS. Licenses may be transferred
upon application submitted to the city clerk and payment
of a five-dollar transfer fee. Upon payment of the
transfer fee, and satisfactory compliance with other
applicable city ordinances and general laws, the clerk
shall issue the license. (Ord. 1447 Sec. 2, 1970: Ord.
1422 Sec. 1, 1970: prior code Sec. 3-1.52).
5.04.090 REBATES NOT TO BE PAID. No rebates shall
be paid if the licensee shall fail to operate the
business for the full period of the license. (Prior
code Sec. 3-1.56).
5.04.100 MULTIPLE BUSINESSES - PAYMENT OF ONE FEE.
Where more than one of any of the businesses for which a
license is required is carried on by the same person in
the same location, then such person shall pay the
highest license fee in this chapter required for any
such businesses and no license fee shall be required for
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the other businesses there carried on. (Prior code
Sec. 3-1.60).
5.04.110 REVOCATION OF LICENSE. (A) The City
Council may revoke any license issued under this title
after it has been issued, when after investigation by
City staff, any one or more of the following grounds are
found to exist:
1. Illegal issuance of the permit.
2. Issuance of the permit without authority or
power.
3. Issuance under an unauthorized ordinance or
under an ordinance illegally adopted.
4. Issuance in violation of an ordinance.
5. When the business license was procured by
fraud or false representation of facts.
6. When issued through mistake or inadvertance.
7. When the license application contains false
or misleading statements, evasions or suppression of
material facts.
(B) Other grounds for revocation in addition to
those stated in the previous subsection are:
1. Substantial violations of the terms and
conditions on which a license or permit is issued.
2. Violation of ordinances or law authorizing
or regulating the license or permit, or regulating the
business, activity or thing for which it is issued.
3. Conviction of infractions of or offenses
under such an ordinance or law.
4. Wrongful behavior of a substantial character
and of a public concern in relation to the licensed
activity.
5. When reasonably necessary in the interest
of protection of the public health, safety, peace or
welfare.
6. When a business becomes an instrument of or
a cover for public disorder, crime, or other danger to
public safety, morals or health.
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(C) Before any such license shall be cancelled
or revoked the holder of such license shall be given two
weeks notice of a hearing to be held by the City Council
at which time the applicant must show cause why such
license should not be revoked. The notice to be given
the applicant must state the grounds and the reasons for
the forfeiture and revocation and also the date set for
the hearing thereon. PROVIDED, HOWEVER, the City
Manager may immediately revoke the license of any
business for any of the grounds set forth in subsection
(A) set forth above, when any such license has been
issued for a period of less than 72 hours; any such
determination by the City Manager shall be deemed
conclusive unless the applicant appeals to the City
Council within five (5) calendar days of notice of the
revocation. Pending any such appeal to the City
Council, the business license shall remain revoked.
(D) The decision of the City Council to revoke a
business license or to sustain the decision of the City
Manager revoking a license on an appeal, shall be
supported by written findings of fact in support of the
decision. (Ord. 2569 Sec 1, 1985; prior code Sec.
3-1.64).
5.04.120 MAXIMUM FEE. No annual license fee shall
exceed two hundred twenty-five dollars per year. (Ord.
2223 Sec. 1, 1980: Ord. 1907 Sec. 1, 1977: Ord. 1403
Sec. 1, 1969: prior code Sec. 3-1.68).
5.04.140 SQUARE FOOTAGE CHARGES. The first three
thousand square feet of floor space is included in the
basic fee. The sum of sixteen dollars and ninety cents
shall be added for any fraction thereof. (Ord. 2223
Sec. 2, 1980: Ord. 1907 Sec. 2, 1977: Ord. 1403 Sec.
2, 1969: prior code Sec. 3-1.76).
5.04.160 FEES. (a) Apartments. Any person
renting apartments to the public and who has four or
more such units available shall pay two dollars and
twenty-five cents per unit per year; provided that if a
person owns or controls apartments and/or sleeping
rooms, and/or commercial rentals, all units shall be
added together in computing the license fee.
(b) Auction Sales. All auction sales shall pay two
hundred twenty-five dollars per day and all auctioneers
conducting or crying any sale shall pay fifty-six
dollars and twenty-five cents per day. Provided,
however, that the fee requirements of this subsection
shall not be applicable to persons, firms or
corporations having established places of business in
the city and having valid business licenses issued by
the city, who wish to hold an auction for the purpose of
disposing of excess inventory, damaged goods, or for
promotion; provided, however, that any auction conducted
under this provision shall not exceed one day in length,
and the person, firm or corporation holding such auction
shall, as a condition precedent, file written notice
with the city clerk of the date, time, place and nature
of the goods to be auctioned and the reasons(s) for
conducting the auction. Notice as required herein shall
be filed with the city clerk at least five days prior to
the date the auction is to be held, and provided
further, that no person, firm or corporation shall be
entitled to hold more than one auction each calendar
year under this provision without being required to pay
the fee required above. This provision shall not apply
in the following cases:
(1) Judicial sales held pursuant to an order of the
court; or
(2) Nonjudicial sales held under the authority of
and pursuant to a federal or state statute; or
(3) Wholesale auctions and stockyard auctions which
will be required to pay the regular license fee; or
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(4) Those auctions having a permanently established
place of business within the city; maintaining regular
business hours; and open to the general public on a
regular basis of five or more days each week which will
be required to pay the regular license fee.
(c) Banks and Finance Agencies. All banks and
finance agencies shall pay one hundred sixty-eight
dollars and seventy-five cents per year. Each branch
shall be construed to be a separate bank for purposes of
this chapter.
(d) Bowling Alleys. Bowling alleys shall pay
annually thirty-three dollars and seventy-five cents for
the first alley and five dollars and sixty-five cents
for each additional alley.
(e) Commercial Rentals. Any person renting or
subletting any type of property, unimproved or
improved,other than apartments and sleeping rooms, and
who has four or more such properties or units available
shall pay thirty-three dollars and seventy-five cents
plus two dollars and twenty-five cents per unit per
year. Each separate tenant in a building or of a tract
of land shall constitute a separate unit for purposes of
this chapter.
(f) Dray and Transfer. All persons engaged in the
business of draying or transferring, or the moving of
goods and commodities for hire, shall pay thirty-three
dollars and seventy-five cents per year on the first
truck or conveyance, and four dollars and fifty cents
for each additional truck or conveyance. If a storage
or warehousing business is carried on in conjunction
with the dray and transfer business, square footage
charges shall also be paid.
(g) Hotels, Motels and Cabin Courts. All hotels,
motels and cabin courts, or places where rooms are kept
for rent for the accommodation of the traveling public,
whether rented by the day, by the week or month, shall
pay thirty-three dollars and seventy-five cents per year
plus two dollars and twenty-five cents for each rentable
unit.
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(h) Liquor Sales With and Without Dancing. Any
place serving beer, wine or other intoxicating liquor
shall pay one hundred twelve dollars and fifty cents per
year, plus square footage charges. Any place serving
beer, wine or any other intoxicating liquor and
providing dancing shall pay one hundred sixty-eight
dollars and seventy-five cents per year, plus square
footage charges. If dancing alone is provided in
conjunction with some other business not involved in the
sale of beer, wine or other intoxicating liquor, the fee
shall be thirty-three dollars and seventy-five cents per
year, plus square footage charges.
(1) Mortuaries. Mortuaries shall pay fifty-six
dollars and twenty-five cents per year.
(3) Businesses Located Outside City. All persons
not having a business location in the city but engaging
in any business within the city shall pay thirty-three
dollars and seventy-five cents per year.
(k) Professional Boxing and Wrestling Exhibition.
All persons staging professional boxing or wrestling
matches shall pay thirty-three dollars and seventy-five
cents per show.
(1) Service Stations. Service stations shall pay
thirty-three dollars and seventy-five cents per year.
This subsection shall not apply to places where motor
vehicles are kept for sale or display.
(m) Sleeping Rooms and Rooming Houses. Any person
renting sleeping rooms by the month or week only and not
by the day or night and who has four or more such rooms
or units available shall pay two dollars and twenty-five
cents per room or unit per year.
(n) Theaters and Moving Picture Shows. Theaters and
moving picture shows shall pay one hundred twelve
dollars and fifty cents per year.
(o) Used Car Lots. Used car lots shall pay
thirty-three dollars and seventy-five cents per year.
(p) Vaudeville and Traveling Shows. Vaudeville and
traveling shows shall pay thirty-three dollars and
seventy-five cents per day.
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(q) All Other Businesses. All other persons engaged
in business shall pay thirty-three dollars and
seventy-five cents per year, plus square footage
charges, plus outside area charges of thirty-three
dollars and seventy-five cents for every person having
an outside area as defined in this chapter. (Ord. 2223
Sec. 4, 1980: Ord. 1907 Sec. 3, 1977: Ord. 1403 Sec.
Sec. 3-22, 1969: Ord. 1269 Sec. 1, 1967: prior code
Sec. Sec. 3-1.90 - 3-1.162).
5.04.170 EXEMPTIONS. (a) Nonprofit
Organizations. Nonprofit organizations operating
without private profit, either regularly or temporarily,
for a public, charitable, educational, literary,
fraternal or religious purpose shall apply for a no fee
business license and conduct activities only after the
no fee business license has been issued. This
provision shall exempt only the nonprofit organization
but not persons sponsored by nonprofit organizations if
any private profit whatever is derived from its
operation. Any business conducted where only a part of
the proceeds go to a non profit organization is not
exempt from a business license fee. (Ord. 2619, Sec. 1,
1986.)
(b) Card Rooms. The provisions of this chapter
shall not apply to card rooms.
(c) Carnivals and Street Shows. The provisions of
this chapter shall not apply to carnivals and street
shows licensed under Chapter 5.16.
(d) Juke Boxes, Pinball, Amusement Games and
Machines. The provisions of this chapter shall not
apply to electrical phonographs, pinball games or
machines of skill or amusement licensed under Chapter
5.20.
(e) Gas Installers. The provisions of this chapter
shall not apply to gas installers licensed under Chapter
16.12.
(f) Mobile Homes. The provisions of this chapter
shall not apply to mobile homes licensed under Chapter
19.12.
(g) Peddlers and Solicitors. The provisions of this
chapter shall not apply to peddlers and solicitors
licensed under Chapter 5.08.
(h) Taxicabs. The provisions of this chapter shall
not apply to taxicabs licensed under Chapter 5.44.
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(1) Utilities. The provisions of this chapter shall
not apply to utilities, other than telegraph utilities,
licensed under Chapter 5.32.
(3) Punchboards. The provisions of this chapter
shall not apply to punchboards or trade stimulators.
(k) Arcade or Similar Businesses or Entertainment
Machines. The provisions of this chapter shall not
apply to any aracade or similar business or
entertainment machines licensed under Chapter 5.64.
(Ord. 1907 Sec. 4, 1977: prior code Sec. Sec. 3-1.170 -
3-1.206).
5.04.180 LICENSES TO BE OBTAINED BY FIRST REGULAR
BUSINESS DAY OF JANUARY. All persons engaged in
business shall procure their license to operate on or
before the first regular business day of each and every
January. (Ord. 1907 Sec. 5, 1977: prior code Sec.
3-1.220).
5.04.190 LATE PAYMENT FEE. A late payment fee of
fifteen dollars shall be added to each annual license
not procured by March 1st of each and every year to help
defray added administrative expenses because of such
late payment. (Ord. 2223 Sec. 5, 1980: prior code Sec.
3-1.224).
5.04.200 COLLECTION OF FEES BY CIVIL ACTION. The
city shall have the power to institute suit or action in
any court of competent jurisdiction for the purpose of
collecting any license fees and late payment fees that
are due and payable. (Prior code Sec. 3-1.232).
5.04.210 CODE INFRACTION - CIVIL PENALTY.
(a) Notwithstanding any other provision of this code
and except as provided in (b) below, Seet±em-17017138
hereef7 any person violating any of the provisions or
failing to comply with any of the requirements of this
chapter, shall upon a finding that the act or omission
has been committed, shall be punished by a fine of not
more than three hundred fifty dollars, and shall be
guilty of a code infraction. Each such person is guilty
of a separate code infraction for each and every date
during any portion of which any violation of any
provision of this chapter is committed, continued or
permitted by such person and shall be punished as
aforestated. (Ord. 2475 Sec. 1, 1983).
, Mayor Pro Tern A.
ATTES : APP 0 ED AS 0 FORM:
WE LS, City Clerk GREG A 'UBSTELLO, City Attorney
(b) Any person who engages in any business within
the city as required by Section 5.04.020 without a
license after the license for the business is revoked
under section 5.04.110 is guilty of a crime and subject
to the penalties of fine and/or jail set forth in
section 1.01.130 of this code.
Section 2. This Ordinance shall take effect five (5)
days after passage and publication.
PASSED by t e Pasco City Council and APPROVED by the Mayor
this / day of , 1988.
99302-2608
TIMES 001
i- Tag lierald
P0 BOX 2608
PASCO, WASHINGTON
(509) 582-1500
LEGAL ADVERTISING
INVOICE
SOLD TO
City of Pasco
P.O Box 293
Pasco, WA 99301
DATE 2/5/88 LEGAL NO 006125
ACCOUNT NO 50550
DESCRIPTION Ordinance No. 2675
LINES 719 40
TOTAL $ $523 72
nr eadable
Original I
Notary public in and for the State of Wash-
ington, residing at Kennewick
COMMISSION EXPIRES 7-/S fr
NOTICE This is an invoice for legal advertising space Please pay from this invoice as no statement will be rendered
Please detach at perforation and return with payment
1_ , — ---. ........... r fivevo in, tvonpront Organizathins Ncinproaci lest the ganizalons operating without private profit either regularly or tempo-
I (Prior rarity, for a public charitable educational literary fraternal or
religious purpose shall apply for a no fee business license and conduct
.ions of activities only after the no fee business license has been issued This
4y to le provision shall exempt only the nonprofit organization but not persons
sponsored by nonprofit organizations if any private profit whatever is or a II derived from Its operation Any business conducted
where only a part )n shall of the proceeds go to a non profit organization is not exempt from a licant's business license fee (Ord 2619 Sec 1, 1986) mation (b) Card Rooms The provisions of this chapter shall not apply to ise fee, card rooms
as and
(c) Carnivals and Street Shows The provisions of this chapter shall
. 1970 not apply to carnivals and street shows licensed under Chapter 5 16
(d) Juke Boxes Pinball Amusement Games and Machines The i ) Inks,
- provisions of this chapter shall not apply to electrical phonographs
I ado on Chapter 5 20 'risible pinball games or machines of skill or amusement licensed under
he ap- (e) Gas
Installers The provisions of this chapter shall not apply to
,
reason gas installers licensed under Chapter 18 12 tonally
(0 Mobile Homes The provisions of this chapter shall not apply to torrect mobile homes licensed under Chapter 19 12
(g) Peddlers and Solicitors The provisions of this chapter shall not
stness apply to peddlers and solicitors licensed under Chapter 5 08
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quire.
(h) Taxicabs The provisions of this chapter shall not apply to taxi. Lae Is- cabs licensed under Chapter 5 44 it
(0 Utilities The provisions of this chapter shall not apply to utilities,
; ENSE other than telegraph utilities, licensed under Chapter 5 32
i corn- punchboards or trade stimulators
doing (I)
Punchboards The provisions of this chapter shall, not apply
to t rem
(k) Arcade or Similar Businesses or Entertainment Machines The
I provisions of this chapter shall not apply to any arcade or similar busl- . under
nese or entertainment machines licensed under Chapter § 64
(Ord 1807 Sec 4, 1977 prior code Sec Sec 3-1 170 3-1 206) atione
504 180 LICENSES TO BE OBTAINED BY FIRST REGULAR pUSINESS
DAY OF JANUARY All persons engaged in business shall Mac- rocure their license to operate on or befor the first regular businetts tines. Sec 3-1 220)
day of each and every January (Ord 1907 Sec 5, 1877 prior code ; ., , lealth,
5 04 190 LATE PAYMENT FEE A late payment fee of fifteen dollars I 4 pre-
all be added to each annual license not procured by March 1st
of , 'talon, ach and every year to help defray added administrative expenses
be- i
_ sinews ause of such late payment (Ord 2223 Sec ' 5, 1980 prior code Sec t
lowed 3-1 224) ,t , I
5 04 200 COLLECTION OF FEES BY CIVIL ACTION The city shall have the power to Institute suit or action In any court of competent Ju- "
ant fees that are ue and payable Prior code Se 3-1 232)
rpose of collo any license fees and late pay-
5 04 210 CODE FRACTION CIVIL PENALTY (a) Notwithstand- 'Mon of this code and except as provided In (b)
tit De- 8elow, —Section-1 01 1 30-hereof —any person violating any of the pro- f iy the
talons or failing to comply with any of the requirements of this chap- 5
II pay er shall upon a finding that the act or omission has been committted. 4 ssued hall be punished by a fine of not more than three hundred fifty dollars, U
1st of nd shall be guilty of a code infraction Each person is guilty of a saps ci
luired ate code
infraction for each and every date during any portion of LI para.
hich any violation of any provision of this chapter is committed con-
N tinued or permitted by such person and shall be punished as afores-,nspi. tated (Ord 2475 Sec 1 1983) for in- (b) Any
person who engages In any business within the city as
I
1 code required by Section 5 04 020 without a license after the license for i the business Is revoked under section 5 04 110 Is guilty of a crime $
ulster 1 01 130 of this code
visa
nd subject to the penalties of fine and/or jail set forth In section IN
lance Section 2
This Ordinance shall take effect five (5) days after
pas- J V
shall sage and publication
'us 1970 PASSED by the Pasco City Council and APPROVED by the Mayor this 1 day of February 1988 ea
.181 s- E A Snider, Mayor Pro .rir/1 011 ATTEST -s- Evelyn Wells City Clerk APPROVED AT TO FORM
s Greg A Rubstelio City Attorney eN LEGAL NO 006125. February 5, 1988 I l$
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AFFIDAVIT OF PUBLICATION
COUNTY OF BENTON
ss
STATE OF WASHINGTON
Tracy Lawson , being duly sworn,
deposes and says, I am the Legal Clerk of the Tr-City Herald, a
daily newspaper That said newspaper is a legal newspaper and
has been approved as a legal newspaper by order of the superior
court in the county in which it is published and it is now and has
been for more than six months prior to the date of the publication
hereinafter referred to, published countinually as a daily newspa-
per in Benton County, Washirgyg That the attached is a true Or d inanc e No copy of a as it
was printed in the regular and entire issue %fee Tr-City Herald
itself and not in a supplement thereof, time(s),
commencing on 2/5/88 , and ending on
2/5/88 , and that said newspaper was regulary
distributed to its subscribers during all of this period
Cs.46e4.4-1(
SUBSCRIBED AND SWORN BEFORE ME THIS8th
DAY OF Febuary 1988
February 1, 1988
Tri City Herald
P.O. Box 2608
Pasco, Washington 99302
Gentlemen:
Please publish Ordinance No. 2675 on the following date:
February 5, 1988
Please send two (2) Affidavits of Publication.
Sincerely yours,
Evelyn Wells
City Clerk
ew