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Home My WebLink About2842 OrdinanceAPPR ED AS TO Gkeg ubstello, City Attorney ORDINANCE NO.ar'N AN ORDINANCE relating to zoning and changing the classification of certain real property within the City of Pasco from C-2 (Central Business) to C-3 (General Business). THE CITY COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS: Section 1. That the zone classification of the following described real property situation in Pasco, Franklin County, Washington to-wit: Lots 13-17, Block 19, Gerry's Addition as depicted in the map attached hereto and identified as Exhibit "1", be and the same is hereby changed from C-2 (Central Business District) to C-3 (General Business). Section 2. That any and all zoning maps be and are hereby amended to conform to the aforesaid zone change. Section 3. This ordinance shall be in full force and effect after passage and publication as required by law. PASSED by the City Council of t City Pasco this 1 day of c-)c *o b eir , 1991. ATTEST: Catherine D. Seaman, Deputy City Clerk REOV:1 'If City of Pasco '91 OE 20 P4 05 483873 70's C 1, ' FRANK! MAP 1 ' PO Box 293 Pasco, WA 99301 4 EXHI B IT I T Si. “Im 10 ====-- rni 1 111,1-11111 IIMNE . SI hi Wt c voi* I IN 4 v-fsfiL-1,-- %:)10 •,r0- 402 *.f0 lAviot nk, • •• •••cat ‘k* sytt.** 06% • t V. Oel to40 n•••11 14°16a 314•11 Olt\ 00$ • 40,0. 0•0 $ *t* thIA Evs: • r p.ii rI _ sT pt c E T Is = a • glom 6h1 Abo 9L 4 ar 4 Si. II, • c B =1, • sow p. /0k;s4,9 Op_ 111 Isom • El. WI 111 • VA is V 151 / / 48387 , ---, 0 - 14- , 4 1. r Nom min MID! &Sim_ !MN 1111 1111111 M 11111W11110 ST • p. A IN ci* "It _PO BOX 2608 PASCO WASHINGTON 99302 2608 PHONE (509) 582 1500 DATE 101391 LEGAL NO 002941 ACCOUNT NO 50550 DESCRIPTION Ordinance No 2842 TIMES 001 LINES 44 LEGAL ADVERTISING INVOICE SOLD TO City of Pasco 0„ Box 293 Pasco WA 99301 TOTALS 35.42 NOTIICE 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 4.17PDAVIT OF Pt JLICATION1 COUNTY OF BENTON SS STATE OF WASHINGTON ROSEMARY EVERETT , 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, Washington That the attached is a true copy of a Ordinance No 2842 as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, 001 time(s), commencing on 1111221. , and ending on 101391 , and that said newspaper was regulary distributed to its subscribers during all of this period SUBSCRIB ED AND SWORN BEFORE ME THIS 7 Vi° a ddey, Notary p blic in and for the State of Wash- ington, residing at PASCO COMMISSION EXPIRES DAY OF LEGALS or restrict parking of vehi- cles along those parts of the streets constituting a part of the route of a pa- rade or at the point of as- sembly or dispersal of a parade for a period of from three (3) hours before its commencement to one (1) hour after its despersal The Chief of Police shall post signs to such effect and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof No person shall be liable for parking on any street unposted in violation of this section 2 Article VIII 43 of Ord' nance No 1024 of the City of Pasco is hereby re pealed 3 If any provision of this or dinance shall be held in valid its invalidity shall not affect any other provision of this ordinance that can be given effect without the in valid provision and for this purpose the provisions of this ordinance are hereby declared to be severable 4 This ordinance shall take effect five (5) days after passage and publication PASSED by the City Coun cil and APPROVED by the Mayor lt.-y-/-7 day of Octo bar i9 „z1-g* ackson Mayor athenne D Seaman tleputy City Clerk APPROVED AS TO FORM s Greg A Rubstello City Attorney #2943 - 10/13/91 ORDINANCE NO 2842 AN ORDINANCE relating to zoning and changing the classification of certain real property within the City of Pasco from C 2 (Central Business Business to C 3 (General THE CIi Y COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS Section 1 That the zone classification of the follow- ing described real property situation in Pasco Franklin County Washington to-wit Lots 13 17 Block 19 Ger ry s Addition as depicted in the map attached hereto and identified as Exhibit 1 be and the same is hereby changed from C 2 (Central Business District) to C 3 (General Business) Section 2 That any and all zoning maps be and are hereby amended to con form to the aforesaid zone change Section 3 This ordinance shall be in full force and ef feet after passage and pub lication as required by law PASSED by the City Coun cil of the City of Pasco this 7 day of October 1991 s Joe Jackson Mayor ATTEST S Catherine D Seaman Deputy City Clerk APPROVED AS TO FORM s Greg Rubstello City Attorney #2941 - 10/13/91 ORDINANCE NO 2838 AN ORDINANCE concern ing business licensing rag ulations foi pawnbrokers and second hand dealers and amending Chapte 5 12 of the Pasco Muni Code WHEREAS „4„ 960 RCW regulatin A.aawnbrok ers and sec pihand deal ers has byi1 significantly modified Chapter 323 Laws 1jd1 and WHE AS The City Coun- cil etermined upon staff recommendation that the City s regulation of pawn brokers and second- hand dealers should be consistent with and not conflict with state regula Min NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO OR DAIN AS FOLLOWS 1 Chapter 5 12 of the Pasco Municipal Code is hereby amended as fol lows CHAPTER 5 12 PAWNBROKERS AND SECOND-HAND DEALERS Section s -5-12 010 Definitions 5 12 012 License required fee 5 12 014 Fixed place of business required 5 12 020 Duty to record transactions 5 12 040 Daily report to po lice 5 12 045 Duties upon notifi cation that property is re ported to be stolen 5 12 050 Retention of prop erty by pawnbrokers in spection 5 12 055 Retention of prop- erty by second hand deal era inpsection 5 12 060 Rates of interest and other fees sale of pledged property 5 12 061 Pawnbrokers sale of pledged property limited written documents required for transactions 5 12 066 Prohibited acts- penalties 5 12 085 Conditional Sales Practices Prohibited 5 12 010 DEFINITIONS Unless the context cleany requires otherwise the def initions in this section apply throughout this chapter (1) Melted metals means metals derived from metal junk or precious metals that have been reduced to a melted state from other than ore or ingots which are produced from ore that has not previously been pro ceased (2) Metal junk means any metal that has previously been milled shaped stamped or forged and that is no longer useful in its original form except pre cious metals (3) Non metal junk means any non metal commonly disgarded item that is worn out or has outlasted its usefulness as intended in its original form except non metal junk does not include an item made in a former period which has enhanced value because of its age (4) Pawnbroker means every person engaged in whole or in part in the busi- ness of loaning money on the security of pledges of personal property or de posits or conditional sales of personal property or the purchase or sale of per sonal property (5) Precious metals means gold silver and platinum (6) Second Hand dealer means every person en gaged in whole or in part in the business of purchasing selling trading consign- ment selling or otherwise transferring for value sec ond hand personal prop erty including metal junk melted metals precious metals whether or not the person maintains a fixed place of business within the state Second hand dealer also includes persons or entities conducting busi ness at flea markets or swap meets more than three times per year (7) Second-hand property means any item of personal property offered for sale which is not new including metals in any form except postage stamps coins that are legal tender bullion in the form of fabricated hall- marked bars used books and clothing of a resale value of seventy five dollars or less except furs (8) Transaction means a pledge or the purchase of or consignment of or the trade of any item of per sonal property by a pawn broker or a second hand dealer from a member of the general public (9) Term of the loan as de fined in this chapter shall be set for period of thirty days to include the date of the loan 5 12 012 LICEN QUIRED FEE ense fee for ea nbroker and se and dealer sha o Hundred Fifty ($250 0d) per year s the square footage charges and outside area charges as set forth in Chapter 5 04 of the Pasco Municipal Code No person shall do business in the city as a pawnbroker or second hand dealer without first ob taming a licence therefor from the city and paying the above license fee 5 12 014 FIXED PLACE OF BUSINESS REQUIRED No person may operate as a pawnbroker unless the person maintains a fixed place of business within the city or State of Washington 5 12 020 DUTY TO RE CORD TRANSACTIONS It shall be the duty of every pawnbroker and second hand dealer doing business in the city to maintain in his place of business a book or other permanent record in which shall be legibly writ ten in the English Ian guage at the time of each transaction a record thereof containing (1) The signature of the per son with whom the trans action is made (2) The date of transaction (3) The name of the person or employee or the identifi cation number of the per son or employee conducting the transaction as required by the Chief of Police (4) The name date of birth sex height weight race address and telephone number of the person with whom the transaction is made (5) A complete description of the property pledged bought or consigned in eluding the brand name serial number model num ber by name any initials or engravings size pattern and color of stone or stones and in the case of firearms the calliber barrel length type of action and whether it is a pistol rifle or shotgun (6) The price paid or the amount loaned (7) The type and identifying number of identification used by the person with whom the transaction was made which shall consist of a valid drivers license or identification card issued by any state or two pieces of identification issued by a governmental agency one of which shall be descnp lion of the person tdenti fled At all times one piece of current government is- sued picture identification will be required (8) The nature of the trans action a number identify- ing the transaction the store identificaton as damp nated by the Pasco Police Department or the name and address of the busi ness and the name of the person or employee con ducting the transaction and the location of the property (9) The street and house number of the place from which the property bought or received in pledge was last removed Such record of all goods received shall at all times be open to the inspection of the law en forcement officers of the city and Franklin County 5 12 040 DAILY REPORT TO POLICE (1) Upon no quest every pawnbroker and second hand dealer doing business in the state shall furnish a full true and correct transcript of the re cord of all transactions con ducted on the preceding date These transactions shall be recorded on such forms as may be provided in such format as may be required by the Chief of Po lice within a specified time not less than twenty four hours This information may be transmitted to the Pasco Police Department electronically by facimile transmission or by modem or similar device or by de livery of computer disks subject to the requirements of and approval by ttre Chief of Police (2) If a pawnbroker or sec ond hand dealer has good cause to believe that any property in his or her pos session has been prey' ously lost or stolen the pawnbroker or second hand dealer shall promptly report that fact to the Chief of Police together with the name of the owner if known and the date when'i and the name of the person from whom it was received 5 12 045 DUTIES UPON NOTIFICATION THAT PROPERTY IS RE ORTED STOLEN Follow ng notification from a law enforcement agency that an item of property has been reported as stolen the pawnbroker or second hand dealer shall hold that property intact and safe from alteration damage or commingling The pawn broker or second hand dealer shall place an identi tying tag or other suitable identification upon the property so held Property held shall not be released for one hundred twenty days from the date of police notification unless release by written consent of the Pasco Police Department or by order of the a court of competent jurisdiction In cases where the Pasco Po lice Department has place a verbal hold on an item the polic department must then give written notice within ten business days If such written notice is not received within that period of time then the hold order will cease The pawnbroker or second hand dealer shall give a twenty day written notice before the expiration of the one hundred twenty day holding period -to the Pasco Police Department about the stolen property If notice is not given within twenty days then the hold on the property shall con tinuer for an additional one hundred twenty days The Pasco Police Department may renew the holding pe nod for additional one hun dred twenty day periods as necessary After the receipt of notification from a pawn broker or second hand dealer if an additional hold ing period is required the applicable law enforcement agency shall give the pawn broker or second hand dealer written notice prior to the expiration of the existing hold order The Pasco Police Department shall not place on hold any E4 TRI CITY HERALD SUNDAY, OCTOBER 13, 1991 4n( LEGALS phone business WHEREAS recent liti gation involving the City of Seattle has „shown that the current definition of tele phone business may be inadequate to encompass cellular telephone business and it is the determination of the City Council to cor rect such deficiency NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO OR- DAIN AS FOLLOWS 1 Section 5 32 010 of the Pasco Municipal Code is hereby amended by the changes made in the Ian guage of the following sub sections (additions are shown by underlining dole lions by interlineation) (2) Competitive telephone service means the provid- ing by any persons of tele- communications equipment or apparatus di rectory advertising and lease of telephone street di rectories or service other than toll service related to that equipment or appara tus such as repair or main- tenance service if the equipment or apparatus is of a type which can be pro vided by persons that are not subject to regulation as telephone companies under RCW Title 80 and for which a separate charge is made (6) Telephone business ;means the business of pro- Viding access to a local telephone network local telephone switching serv ice toll service cellular telephone services or coin telephone services or pro- viding telephonic video data or similar communica- tion or transmission for hire via a local telephone network toll line or chan nel cable microwave or similar communiration or transmission system The term includes cooperative or farmer line telephone companies or associations operating exchanges Te lephone business does not include the providing of competitive telephone serv ice nor the providing of cable television service or other providing of broad cast services by radio or television stations 2 This ordinance shall take effect five (5) days after passage and publication PASSED by the City Coun cil and APPROVED by the Mayor this 7 day of October 1991 s Joe Jackson Mayor ATTEST s Catherine D Seaman Deputy City Clerk APPROVED AS TO FORM s Greg A Rubstello City Attorney #2938 - 10/13/91 ORDINANCE NO 2841 AN ORDINANCE concern ing private detective agen- cies and private detectives, private security guards and private security companies creating new Chapter 5 46 PMC and repealing in its entirety Chapter 5 48 PMC • WHEREAS the 1991 Washington State legis lature enacted new legis lation regulating the licensing of private detec live agencies private de- tectives private security guards and private secu rity companies intending those regulations to be ex elusive and prohibiting local jurisdictions from en acting laws or regulating the conduct of such busi nesses and the qualifica tions of the persons engaged in such bus' nesses and WHEREAS Chapter 5 48 of the Pasco Municipal Code currently extensively regulates the licensing of such persons and the qual ifications for engaging in such businesses NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO OR- DAIN AS FOLLOWS - 1 New Chapter 5 46 is hereby added to the Pasco Municipal Code which chapter shall read as fol lows CHAPTER 5 46 PRIVATE DETECTIVE AGENCIES PRIVATE DE TECTIVES PRIVATE SE CURITY GUARDS AND PRIVATE SECURITY COMPANIES Sections 5 46 010 Definitions 5 46 020 License Required 5 46 030 License Fee 5 46 040 Proof of State Li cense Required 5 46 050 Transfer of Li cense Prohibited 5 46 060 Violations and Pe nalties 5 46 010 DEFINITIONS 1 LEGALS Unless the context clearly requires otherwise the def- initions in this section apply throughout this chapter (1) Armed private detecti- ve means a private detec tive who has a current firearms certificate issued by the Washington State Criminal Justice Training Commission and is re gulled to be licensed as an armed private detective by the Washington State De- partment of Licensing (2) Private detective means a person who is re quired to be licensed by the Washington State Depart ment of Licensing for em ployment by a private detective agency for the purpose of investigation escort or body guard serv ices or property loss pre- vention activities (3) Private detective agen- cy' means a person or en- tity required to be licensed by the Washington State Department of Licensing to be engaged in the business of detecting discovering or revealing one or more of the following (a) Crime criminals or re- lated information (b) The identity habits con duct business occupation honesty integrity credibil ity knowledge trustworthi- ness efficiency loyalty activity movement where abouts affiliations asso ciations transactions acts reputation or character of any person or thing (c) The location disposi- tion or recovery of lost or stolen property (d) The cause or responsibi lity for fires hables losses accidents or damage or in jury to persons or to prop- erty (e)Evidence to be used be fore a court board officer or investigative committee 4) Detecting the presence of electronic eavesdrop- ping devices or (g) The truth or falsity of a statement or represents tion (4) ' Armed private security guard means a private se curdy guard who has a cur- rent firearms certificate Issued by the Washington State Criminal Justice Training Commission and is requirethto be licensed as an armed private secu rity guard by the Washing ton State Department of Licensing (5) 'Private security corn pany means a person or entity required to be Ii censed by the Washington State Department of Li censing to be engaged in the business of providing the services of private se cunty guards on a contrac tal basis (6) Private security guard means an individual who is required to be licensed by the Washington State De partment of Licensing in order to be principally em ployed as or typically re ferred to as one of the following (a) Security officer or guard (b) Patrol or merchant pa trol service officer or guard (c) Armed escort or body guard (d) Armed vehicle guard (e) Burglar alarm response runner or (0 Crowd control officer or guard 5 46 020 LICENSE RE QUIRED (1) No private de tective agency or private security company shall do business in the City without first obtaining a license under the provisions of this chapter No armed private detective private detective armed private security guard or private security guard shall do business or engage in their occupation without first being licensed under the provisions of thus chapter as a private detec tive agency or private secu rity company as appropriate or being em ployed by a private detec live agency or private security company licensed under the provisions_of this chapter 5 46 030 LICENSE FEE The license fee for a private detective agency or a gin vete security company shall be equal to the general business licensing fee under Chapter 5 04 of this title 5 46 040 PROOF OF STATE LICENSE RE QUIRED The business Ii cense application for any private detective agency or private security company shall be accompanied by a legible photocopy of the ap plicant s state license is sued by the Department of Licensing No City license shall be issued under this chapter without such proof of state licensing 5 46 050 TRANSFER OF LICENSE PROHIBITED No business license issued under this chapter shall b transferred to any other person or entity 5 46 060 VIOLATIONS AND PENALTIES Every person whether acting as an individual owner em ployee of the owner opera- tor or employee of the operator or whether acting as a mere agent or uncle pendent contractor for the owner employee or opera tor or acting as a partici- pant or worker in any way directly or indirectly who acts in violation of any of the provisions of this chap ter shall be guilty of a gross misdemeanor and upon conviction such person shall be punished by a fine not to exceed $5 000 or by imprisonment for a period not to exceed one year or by both such fine and im prisonment 2 Chapter 5 48 of the Pasco Municipal Code ti- tled Security Police Mer- chant Patrol and Private Detectives is hereby re pealed in its entirety 3 This ordinance shall take effect five (5) days after passage and publication PASSED by the City Coun cil and APPROVED by the Mayor this 7 day of Octo ber 1991 s Joe Jackson Mayor ATTEST s Catherine D Seaman Deputy City Clerk APPROVED AS TO FORM -s Greg A Flubstello City Attorney #2947 - 10/13/91 ORDINANCE NO 2839 AN ORDINANCE regarding parades processions and other organized formations of persons or vehicles on the public streets and ways and adding new Chapter 10 96 to the Pasco Munici- pal Code THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO OR DAIN AS FOLLOWS 1 New Chapter 10 96 is hereby added to the Pasco Municipal Code which chapter shall state as fol lows CHAPTER 10 96 PARADES PRO CESSIONS OR OTHER ORGANIZED FORMATION OF PERSONS OR VEHI CLES ON THE PUBLIC STREETS AND WAYS Sections 10 96 010 Definitions 10 96 020 Conformance to chapter provisions 10 96 030 Permit required 10 96 040 Application for permit 10 96 050 Conditions of is suance 10 96 060 Denial public hearing 10 96 070 Compliance with provisions 10 96 080 Maximum num ber per day - 10 96 090 Routes ached tiles 10 96 100 Regulation of parking 10 96 010 DEFINITIONS The following definitions shall apply in this chapter (a) 'Parade means an in formal or fromal march or procession, or the movement of a body of peo pie vehicles or things marshalled in something like a military order or a showy array or succession of persons vehicles or things 10 96 020 CONFOR MANCE TO CHAPTER PROVISIONS It shall be unlawful for any number of persons delegations or as sociations of persons or for any company circus or group to initiate promote or participate in any parade procession or other orga rimed formation of persons or vehicles other than a fu neral procession or picket line in or upon any street way highway road or side walk under the control of the city unless the Chief of Police has granted a permit for such parade pro cession or-formation — - 10 96 030 PERMIT RE QUIRED la shall be unlaw ful for any person to initiate promote or participate in any parade within the City until a permit therefore has first been secured 10 96 040 APPLICATION FOR PERMIT Parade per mits may be obtained from the Chief of Police upon ap plication made in writing at least seventy two (72) hours before the date on which the parade is to be held upon application forms furnished by the Chief of Police The application form shall include the following infor mation (a) The date and starting time (b) The name address and telephone number of the applicant and the name of the organization involved (c) The formation or assem- bly area and time therefor (d) The route of the parade or motorcade and what por tions of the streets tra versed may be occupied by such parade or motorcade (e) The approximate num- ber of people and vehicles in the parade or motorcade (0 The purpose of the pa rade or motorcade 10 96 050 CONDITIONS OF ISSUANCE Upon the filing of a timely completed application the Chief of Po- lice shall within forty eight (48) hours_(excluding any holiday Saturday or Sun- day) issue such permit in all cases except where the time place and manner are not in conformity with the rules set forth below and except where the permit would conflict as to time or place with a permit previ- ously issued No fee shall be charged for any such permit No permit shall be issued authorizing a parade pro cession or formation under the following conditions (a) When the sole purpose is advertising any product goods wares merchandise or event and is designed to be held for private profit (b) When the time ro and size will disrupt t of any street or lie place or materi ortion thereof which rdinanly subject to s ntial con gestion o affic and is chiefly pA business or merca character ex cept n those holidays or SurAys when places of busi ess along the route proposed are close (c) When it is of a size or na- ture that requires the diver sion of so great a number of police officers of the city to properly police the line of movement and the areas contiguous thereto that al lowing the parade or motor cade would deny reasonable police protec tion to the city The Chief of Police shall have the authority to modify the route time and place of a parade to facilitate crowd control in the interest of re having congestion and pro moting public safety provided that the appli cant s right of free speech is not denied thereby 10 96 060 DENIAL PUB LIC HEARING (a) In the event an application for a parade permit is denied by the Chief of Police the ap plicant may apply to the City Council for a hearing concerning the same (b) At such hearing the ap plicant shall have the bur- den of proof of showing that the proposed parade will not be contrary to any of the conditions for denial as set forth in the preceding sec lion The Chief of Police shall be heard in rebuttal to the granting of the applica ton (c) If after hearing the ap plicant and the Chief of Po lice the City Council shall find as a fact that the pro posed parade will not be contrary to any of the condi tions for denial set forth in th preceding section the application shall be granted by the City Council other wise the action of the Chief of Police in denying the ap plication shall stand (d) The decision of the City Council shall be final un- less appeal is perfected with a court of proper juns diction within ten (10) days of the City Council s deter mination 10 96 070 COMPLIANCE WITH PROVISIONS All pa rade permits shall be is sued subject to the parade being held in conformance with all applicable prow sons of this code state law and city ordinances rules and regulations Notwithstanding that a per mit for the same has been issued by the Chief of Po lice or the City Cour—icir -th-Fir Chief of Police is hereby authorized empowered and instructed to stop and disperse any parade con ducted in violation of such provisions 10 96 080 MAXIMUM NUMBER PER DAY Not more than one (1) parade may be conducted during any one calendar day ex cept Saturday or Sunday 10 96 090 ROUTES SCHEDULES Parade routes and schedules must be approved by the Chief of Police or by the City Coun cil before a permit for the same is granted 10 96 100 REGULATION OF PARKING The Chief of Police shall have the au thonty and duty to prohibit gA LEGALS item of persona unless the Pas Department no suspects that th personal propert! or stolen item that is placed oi will be removed a practicable after on hold is determ be stolen or lost 5 12 050 RETEN PROPERTY B1 BROKERS INSI Property bougl ceived by any p shall not be rem that place of bul cept when redeer returned to th within thirty day: receipt of the pro property shall at during the ordinal business by open tion to any com law enforcement the state or any c cal subdivisions 5 12 055 RETEN PROPERTY BY HAND DEALE SPECTION (1) bought or receiv( signment by an hand dealer with nent place of bi the city shall n moved from tha business except property return( owner within tl after the receipt c erty Property s times during tho hours of busines to inspections to missioned law er officer of the stab its political subdr (2) Property bou ceived on consi( any second hai without a permai of business withi shall be held with except consigne returned to th within thirty days eipt of the pro; property shall bc within the city for at reasonable tin commissioned Is ment officer of tt any of its politic sons 5 12 060 RATE' TEREST AND FEES SA PLEDGED PR' R C W 19 60 amended from tir is incorporated this reference at ically set forth 5 12 061 PAWNI - SALE OF P PROPERTY LI WRITTEN DOC REQUIRED FOF ACTIONS (1) broker shall nol property rec pledge until boll of the loan and a nod p.f, a aninimu days liasAsix if a pledgAd-,artiel deemed withil-A,1 day period of b61 of the loan and period the pa shall have all r and interest of ti personal prop, pawnbroker shall quired to accot pledgor for the pr calved from the of that item An of law relating ti closures and II quent sale of pledged items sl applicable to any defined under thl the title to whici ferred in accord this section (2) Every transi tered into by a p shall be eviden written document which shall be fiJ the pledger Theti shall set forth t i the loan the datl the loan is due I ble and shall pledger of the right to redeem I within sixty dayl expiration of the 5 12 066 PRC ACTS PENALT gross misdemea (1) Ary -perstil alter or obliterat ufacturer s make serial number identification n identifying mark or etched upon personal propel purchased con received in pledg tion an item shall cepted or a pi second hand I where the man make model number person cation number mg marks eng etched upon an ii sonal property ha moved altei obliterated (2) Any person' lingly make cau to be made any tt@g LEGALS --VVV.s. MI.M.101•1.114111.11 SUNDAY, OCTOBER 13, 1991 Unless the context clearly requires otherwise the def- initions in this section apply throughout this chapter (1) Armed private detach ve means a private detec tive who has a current firearms certificate issued by the Washington State Criminal Justice Training Commission and is re quired to be licensed as an armed private detective by the Washington State De- partment of Licensing (2) Private detective means a person who is re- quired to be licensed by the Washington State Depart ment of Licensing for em- ployment by a private detective agency for the purpose of investigation escort or body guard serv- ices or property loss pre vention a.ctivities (3) Private detective agen cy' means a person or en- tity required to be licensed by the Washington State Department of Licensing to be engaged in the business of detecting discovering or revealing one or more of the following (a) Crime criminals or re lated information (b) The identity habits con duct business occupation honesty integrity credibil Ity knowledge trustworthi ness efficiency loyalty activity movement where abouts affiliations asso ciations transactions acts reputation or character of any person or thing (c) The location disposi ton or recovery of lost or stolen property (d) The cause or responsibi lay for fires hables losses accidents or damage or in jury to persons or to prop erty (e)Evidence to be used be lore a court board officer ipr investigative committee l(f) Detecting the presence of electronic eavesdrop I•ing devices or g) The truth or falsity of a !statement or representa ion , 4) Armed private security i uard means a private se- unty guard who has a cur- ent firearms certificate ssued by the Washington tate Criminal Justice 1 raining Commission and Is required.to be licensed I s an armed private secu , ity guard by the Washing on State Department of icensing 1 5) Private security com any means a person or ntity required to be Ii ensed by the Washington tate Department of Li ensing to be engaged in he business of providing he services of private se unty guards on a contrac I basis l6) Private security guard eans an individual who is laquired to be licensed by e Washington State De , artment of Licensing in l rder to be principally em loyed as or typically re erred to as one of the !lowing ) Security officer or guard 6) Patrol or merchant pa ol service officer or guard C) Armed escort or body , uard ,d) Armed vehicle guard e) Burglar alarm response iunner or I) Crowd control officer or luard 146 020 LICENSE RE )UIRED (1) No private de lactive agency or private lecurity company shall do ilustness in the City without I rst obtaining a license rider the provisions of this hapter No armed private' ;elective private detective i rmed private security 'card or private security ,uard shall do business or ngage in their occupation I ahout first being licensed nder the provisions of this ,e apter as a private detec agency or private secu ,i de rt thc : pmrovpis cunty company licensed propnate or being em a agency or private yed by a private detec aionnsyof this a I apter 46 030 LICENSE FEE e license fee for a private elective agency or a pn le security company shall e equal to the general bsiness licensing fee der Chapter 5 04 of this e ,46 040 PROOF OF TATE LICENSE RE UIRED The business Ii nee application for any vale detective agency or vale security company I all be accompanied by a ible photocopy of the ap n ant s state license is ed by the Department of ensing No city license II be issued under this pter without such proof state licensing 401 LEGALS ORDINANCE NO 2839 AN ORDINANCE regarding parades processions and other organized formations of persons or vehicles on the public streets and ways and adding new Chapter 10 96 to the Pasco Munici pal Code THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO OR DAIN AS FOLLOWS 1 New Chapter 10 96 is hereby added to the Pasco Municipal Code which chapter shall state as fol- lows CHAPTER 10 96 PARADES PRO- CESSIONS OR OTHER ORGANIZED FORMATION OF PERSONS OR VEHI CLES ON THE PUBLIC STREETS AND WAYS Sections 10 96 010 Definitions 10 96 020 Conformance to chapter provisions 10 96 030 Permit required 10 96 040 Application for permit 10 96 050 Conditions of is suance 10 96 060 Denial public hearing 10 96 070 Compliance with provisions 10 96 080 Maximum num bar per day 10 96 090 Routes sched ules 10 96 100 Regulation of parking 10 96 010 DEFINITIONS The following definitions shall apply in this chapter (a) Parade means an in formal or fromal march or procession, or the movement of a body of peo pie vehicles or things marshalled in something like a military order or a showy array or succession of persons vehicles or things 10 96 020 CONFOR MANCE TO CHAPTER PROVISIONS It shall be unlawful for any number of persons delegations or as- sociations of persons or for any company circus or group to initiate promote or participate in any parade procession or other orga nized formation of persons or vehicles other than a fu neral procession or picket line in or upon any street way highway road or side walk under the control of the city unless the Chief of Police has granted a permit for such parade pro cession or -formation 10 96 030 PERMIT RE QUIRED lj shall be unlaw ful for any person to initiate promote or participate in any parade within the City until a permit therefore has first been secured 10 96 040 APPLICATION FOR PERMIT Parade per :hits may be obtained from the Chief of Police upon ap plication made in writing at least seventy two (72) hours before the date on which the parade is to be held upon application forms furnished by the Chief of Police The application form shall include the following infor mation (a) The date and starting time 5 46 050 TRANSFER OF LICENSE PROHIBITED No business license issued under this chapter shall b transferred to any other person or entity 5 46 060 VIOLATIONS AND PENALTIES Every person whether acting as an individual owner em ployee of the owner opera- tor or employee of the operator or whether acting as a mere agent or uncle pendent contractor for the owner employee or opera tor or acting as a partici pant or worker in any way directly or indirectly who acts in violation of any of the provisions of this chap ter shall be guilty of a gross misdemeanor and upon conviction such person shall be punished by a fine not to exceed $5 000 or by imprisonment for a period not to exceed one year or by both such fine and im- pnsonment 2 Chapter 5 48 of the Pasco Municipal Code ti tied Security Police Mer- chant Patrol and Private Detectives is hereby re pealed in its entirety 3 This ordinance shall take effect five (5) days after passage and publication PASSED by the City Coun cil and APPROVED by the Mayor this 7 day of Octo bar 1991 s- Joe Jackson Mayor ATTEST s Catherine D Seaman Deputy City Clerk APPROVED AS TO FORM -s Greg A Rubstello City Attorney #2947 - 10/13/91 (b) The name address and telephone number of the applicant and the name of the organization involved (c) The formation or assem bly area and time therefor (d) The route of the parade or motorcade and what por titans of the streets tra- versed may be occupied by such parade or motorcade (e) The approximate num ber of people and vehicles in the parade or motorcade (f) The purpose of the pa rade or motorcade 10 96 050 CONDITIONS OF ISSUANCE Upon the filing of a timely completed application the Chief of Po lice shall within forty eight (48) hours_(q,xcluding any holiday Saturday or Sun- day) issue such permit in all cases except where the time place and manner are not in conformity with the rules set forth below and except where the permit would conflict as to time or place with a permit preyi ously issued No fee shall be charged for any such permit No permit shall be issued authorizing a parade pro cession or formation under the following conditions (a) When the sole purpose is advertising any product goods wares merchandise or event and is designed to be held for private profit (b) When the time ro and size will disrupt t of any street or I ic place or materu 4ortion thereof which rchnanly subject to s ntial con geshon o affic and is chiefly business or merca character ex cept those holidays or Su ys when places of busi ess along the route proposed are close (c) When it is of a size or na ture that requires the diver- sion of so great a number of police officers of the city to properly police the line of movement and the areas contiguous thereto that al lowing the parade or motor cade would deny reasonable police protec tion to the city The Chief of Police shall have the authority to modify the route time and place of a parade to facilitate crowd control in the interest of re having congestion and pro moting public safety provided that the appli cant s right of free speech is not denied thereby 10 96 060 DENIAL PUB LIC HEARING (a) In the event an application for a parade permit is denied by the Chief of Police the ap plicant may apply to the City Council for a hearing concerning the same (b) At such hearing the ap plicant shall have the bur- den of proof of showing that the proposed parade will not be contrary to any of the conditions for denial as set forth in the preceding sec tion The Chief of Police shall be heard in rebuttal to the granting of the applica tion (c) If after hearing the ap plicant and the Chief of Po lice the City Council shall find as a fact that the pro posed parade will not be contrary to any of the condi tions for denial set forth in th preceding section the application shall be granted by the City Council other wise the action of the Chief of Police in denying the ap plication shall stand (d) The decision of the City Council shall be final un less appeal is perfected with a court of proper juns diction within ten (10) days of the City Council s deter mination 10 96 070 COMPLIANCE WITH PROVISIONS All pa rade permits shall be is sued subject to the parade being held in conformance with all applicable provi sions of this code state law and city ordinances rules and regulations Notwithstanding that a per mit for the same has been issued by the Chief of Po lice or the City Council-the Chief of Police is hereby authorized empowered and instructed to stop and disperse any parade con ducted in violation of such provisions 10 96 080 MAXIMUM NUMBER PER DAY Not more than one (1) parade may be conducted during any one calendar day ex cept Saturday or Sunday 10 96 090 ROUTES SCHEDULES Parade routes and schedules must be approved by the Chief of Police or by the City Coun cil before a permit for the same is granted 10 96 100 REGULATION OF PARKING The Chief of Police shall have the au thonty and duty to prohibit ORDINANCE NO 2838 AN ORDINANCE concern- ing business licensing reg ulations fo, pawnbrokers and second hand dealers and amending Chapte 5 12 of the Pasco Muni Code WHEREAS Cha 19 60 RCW regulatinpdwnbrok era and seco and deal ers has byu, significantly modified Chapter 323 Laws 11 and WHE AS The City Coun cil etermined upon staff recommendation that the City s regulation of pawn brokers and second hand dealers should be consistent with and not conflict with state regula tion NOW THEREFORE THE CITY COUNCIL OF THE CITY OF PASCO WASHINGTON DO OR DAIN AS FOLLOWS 1 Chapter 5 12 of the Pasco Municipal Code is hereby amended as fol lows CHAPTER 5 12 PAWNBROKERS AND SECOND HAND DEALERS Section a -5-12 010 Definitions 5 12 012 License required fee 5 12 014 Fixed place of business required 5 12 020 Duty to record transactions 5 12 040 Daily report to po lice 5 12 045 Duties upon notifi cation that property is re ported to be stolen 5 12 050 Retention of prop arty by pawnbrokers in spection 5 12 055 Retention of prop- erty by second hand deal ers inpsection 5 12 060 Rates of interest and other fees sale of pledged property 5 12 061 Pawnbrokers sale of pledged property limited written documents ORDINANCE NO 2842 AN ORDINANCE relating to zoning and changing the classification of certain real property within the City of Pasco from C 2 (Central Business to C 3 (General Business THE CIi Y COUNCIL OF THE CITY OF PASCO DO ORDAIN AS FOLLOWS Section 1 That the zone classification of the follow- ing described real property situation in Pasco Franklin County Washington to-wit Lots 13 17 Block 19 Ger ry s Addition as depicted in the map attached hereto and identified as Exhibit 1 be and the same is hereby changed from C 2 (Central Business District) to C 3 (General Business) Section 2 That any and all zoning maps be and are hereby amended to con form to the aforesaid zone change Section 3 This ordinance shall be in full force and ef fact after passage and pub lication as required by law PASSED by the City Coun ell of the City of Pasco this 7 day of October 1991 s Joe Jackson Mayor ATTEST s Catherine 0 Seaman Deputy City Clerk APPROVED AS TO FORM s Greg Rubstello City Attorney #2941 - 10/13/91 or restrict parking of vehi cies along those parts of the streets constituting a part of the route of a pa rade or at the point of as sembly or dispersal of a parade for a period of from three (3) hours before its commencement to one (1) hour after its despersal The Chief of Police shall post signs to such effect and it shall be unlawful for any person to park or leave unattended any vehicle in violation thereof No person shall be liable for parking on any street unposted in violation of this section 2 Article VIII 43 of Ordi nance No 1024 of the City of Pasco is hereby re- pealed 3 If any provision of this or dinance shall be held in valid its invalidity shall not affect any other provision of this ordinance that can be given effect without the in valid provision and for this purpose the provisions of this ordinance are hereby declared to be severable 4 This ordinance shall take effect five (5) days after passage and publication PASSED by the City Coun cil and APPROVED by the Mayor thyr 47 day of Octo ber 19P' s-,life_oackson Mayor atherine D Seaman eputy City Clerk APPROVED AS TO FORM s- Greg A Rubstello City Attorney #2943 - 10/13/91 ffig LEGALS CA LEGALS 1 LEGALS _ , tgl LEGALS required for transactions 5 12 066 Prohibited acts penalties 5 12 085 Conditional Sales Practices Prohibited 5 12 010 DEFINITIONS Unless the context clearly requires otherwise the de f inttions in this section appIX throughout this chapter (1) Melted metals means metals derived from metal junk or precious metals that have been reduced to a melted state from other than ore or ingots which are produced from ore that has not previously been pro- ceased (2) Metal junk means any metal that has previously been milled shaped stamped or forged and that is no longer useful in its original form except pre cious metals (3) Non metal junk means any non metal commonly chsgarded item that is worn out or has outlasted its usefulness as intended in its original form except non metal junk does not include an item made in a former period which has enhanced value because of its age (4) Pawnbroker means every person engaged in whole or in part in the busi ness of loaning money on the security of pledges of personal property or de posits or conditional sales of personal property or the purchase or sale of per sonal property , (5) Precious metals means gold silver and platinum (6) Second Hand dealer means every person en gaged in whole or in part in the business of purchasing selling trading consign ment selling or otherwise transferring for value sec- ond hand personal prep - erty including metal junk melted metals precious metals whether or not the person maintains a fixed place of business within the state Second hand dealer also includes persons or entities conducting busi ness at flea markets or swap meets more than three times per year (7) Second hand property means any item of personal property offered for sale, which is not new including metals in any form except postage stamps coins that are legal tender bullion in the form of fabricated hall marked bars used books and clothing of a resale value of seventy five dollars or less except furs (8) Transaction means a pledge or the purchase of or consignment of or the trade of any item of per sonal property by a pawn broker or a second hand dealer from a member of the general public (9) Term of the loan as de fined in this chapter shall be set for period of thirty days to include the date of the loan 5 12 012 LICEN QUIRED FEE ense fee for ea nbroker and se and dealer shal ..,,,,,4 0 Hundred Fifty f`g ($2 5 0 0d) per year s the square footage charges and outside area charges as set forth in Chapter 5 04 of the Pasco Municipal Code No person shall do business in the city as a pawnbroker or second hand dealer without first ob- taming a licence therefor from the city and paying the above license fee 5 12 014 FIXED PLACE OF BUSINESS REQUIRED No person may operate as a pawnbroker unless the person maintains a fixed place of business within the city or State of Washington 5 12 020 DUTY TO RE CORD TRANSACTIONS It shall be the duty of every pawnbroker and second hand dealer doing business in the city to maintain in his place of business a book or other permanent record in which shall be legibly writ ten in the English Ian guage at the time of each transaction a record thereof containing (1) The signature of the per son with whom the trans action is made (2) The date of transaction (3) The name of the person or employee or the identifi cation number of the per S o n o r e m p I o y e e conducting the transaction as required by the Chief of Police (4) The name date of birth sex height weight race address and telephone number of the person with whom the transaction is made (5) A complete description of the property pledged bought or consigned In eluding the brand name serial number model num ber by name any initials Or engravings size pattern and color of stone or stones and in the case of firearms the calliber barrel length type of action and whether it is a pistol rifle or shotgun (6) The price paid or the amount loaned (7) The type and identifying 9 number of identification used by the person with whom the transaction was made which shall consist of a valid drivers license or identification card issued by any state or two pieces of identification issued by a governmental agency one of which shall be descrIP- tiOn of the person identi fled At all times one piece of current government is sued picture identification will be required (8) The nature of the trans action a number identify mg the transaction the store identificaton as desig- nated by the Pasco Police Department or the name rt and address of the bum ness and the name of the person or employee con ducting the transaction and the location of the property (9) The street and house number of the place from which the property bought or received in pledge was last removed Such record of all goods received shall at all times be open to the inspection of the law en forcement officers of the city and Franklin County 5 12 040 DAILY REPORT TO POLICE (1) Upon re quest every pawnbroker and second hand dealer doing business in the state shall furnish a full true and correct transcript of the re cord of all transactions con ducted on the preceding date These transactions shall be recorded on such forms as may be provided in such format as may be required by the Chief of Po lice within a specified time not less than twenty four hours This information may be transmitted to the Pasco Police Department electronically by facimile transmission or by modem or similar device or by de Iii/ery._ of computer disks subject to the requirements of and approval by the Chief of Police (2) If a pawnbroker or sec ond hand dealer has good cause to believe that any property in his or her pos session has been prey; ously lost or stolen the pawnbroker or second pt! hand dealer shall promptly report that fact to the Chief of Police together with the name of the owner it known and the date when -,,pledge and the name of the person from whom it was received 5 12 045 DUTIES UPON NOTIFICATION TH AT P R 0 P E R T Y I S R E ORTED STOLEN Follow ng notification from a law enforcement agency that an item of property has been reported as stolen the pawnbroker or second hand dealer shall hold that property intact and safe from alteration damage or commingling The pawn broker or second hand dealer shall place an identi tying tag or other suitable identification upon the property so held Property > held shall not be released for one hundred twenty days from the date of police notification unless release by written consent of the Pasco Police Department or by order of the a court of competent jurisdiction In cases where the Pasco Po lice Department has place a verbal hold on an item the polie department must then give written notice within ten business days If such written notice is not received within that period of time then the hold order will cease The pawnbroker or second hand dealer shall give a twenty-day written notice before the expiration of the one hundred twenty day holding period to the Pasco Police Department about the stolen property If notice is not given within twenty days then the hold on the property shall con tinuEr for an additional one hundred twenty days The Pasco Police Department may renew the holding pe nod for additional one hun dred twenty day periods as necessary After the receipt of notification from a pawn broker or second hand dealer if an additional hold ing period is required the applicable law enforcement agency shall give the pawn broker or second hand dealer written notice prior to the expiration of the existing hold order The Pasco Police Department shall not place on hold any item of personal property unless the Pasco Police , Department reasonably suspects that the item of personal property is a lost or stolen item Any hold that is placed on an item will be removed as soon as practicable after the item on hold is determined not to be stolen or lost 5 12 050 RETENTION OF PROPERTY BY PAWN BROKERS INSPECTION Property bought or re ceived by any pawnbroker shall not be removed from that place of business ex cept when redeemed by or returned to the owner within thirty days after the receipt of the property The property shall at all times during the ordinary hours of business.by open to inspec hoe to any commissioned law enforcement officer of the state or any of its politi cal subdivisions 5 12 055 RETENTION OF PROPERTY BY SECOND HAND DEALERS IN SPECTION (1) Property bought or received on con signment by any second hand dealer with a perma nent place of business in the city shall not be re moved from that place of business except cosigned property returned to the owner within thirty days after the receipt of the prop erty Property shall at all times during the ordinary hours of business be open to inspections to any corn missioned law enforcement officer of the state or any of its political subdivisions (2) Property bought or re ceived on consignment by any second hand dealer without a permanent place of business within the city shall be held within the city except consigned property returned to the owner within thirty days after rec rapt of the property The property shall be available within the city for inspection at reasonable times by any commissioned law enforce ment officer of the state or any of its political subdivi sions 5 12 060 RATES OF IN TER EST AN D 0TH ER F E E S S A L E 0 F PLEDGED PROPERTY R C W 1 9 6 0 0 6 0 a s amended from time to time is incorporated herein by this reference as if specif ically set forth 5 12 061 PAWNBROKERS SALE OF PLEDGED PROPERTY LIMITED WRITTEN DOCUMENTS REQUIRED FOR TRANS ACTIONS (1) A pawn broker shall not sell any property received in until both the term of the loan and a grace pe nod g(., a irninimum of sixty days haspfred However if a pledge:Aart,ielktk,not re- deemed withinthe,suciry day period of bdtIlthe terrn of the loan ancdh,r1 'greed period the pawnt4Edicei l shall have all rights m ptjsa and interest of that item ef personal property The'. pawnbroker shall not be re quired to account to the pledgor for the proceeds re calved from the disposition of that item Any provision of law relating to the fore closures and the subse q uent sale of forfeited pledged items shall not be applicable to any pledge as defined under this chapter the tale to which is trans ferred in accordance with this section (2) Every transaction en tered into by a pawnbroker shall be evidenced by a written document a copy of which shall be furnished to the pledgor The document shall set forth the term of the loan the date on which the loan is due and pays ble and shall inform the pledgor of the pledgor s right to redeem the pledge within sixty days after the expiration of the loan term 5 12 066 PROHIBITED ACTS PENALTIES It is a gross misdemeanor for (1) Any 'pErrstel —to -remove alter or obliterate any man ufacturer s make model or serial number personal identification number or identifying marks engraved or etched upon an item of personal property that was purchased consigned or received in pledge In addi tion an item shall not be ac cepted or a pledge for second hand purchase where the manufacturer s make model or serial number personal identifi cation number or identify mg marks engraved or etched upon an item of per sonal property has been re m o v e d a I t e r e d o r obliterated (2) Any person to know lingly make cause or allow to be made any false entry or mistatement of any material matter in any book record or writing re quired to be kept under this chapter (3) Any pawnbroker or sec ond hand dealer to receive any property from any per son under the age of eigh teen years any person under the influence of in toxicating liquor or drugs or any person known to the pawnbroker or second hand dealer as having been convicted of burglary rob- bery theft or possession of or receiving stolen property within the past ten years whether the person is act ing in his or her own behalf or as the agent of another or (4) Any person to violate knowingly any other provi son of this chapter 5 12 085 CONDITIONAL SALES PRACTICES PRO HIBITED A purchase of personal property shall not be made on the condition of selling it back at a stip ulated time and price greater than the purchase price for the purpose of avoiding the interest and fee restrictions of this chap ter This ordinance shall take effect five (5) days after passage and publication PASSED BY THE City Council and APPROVED by the Mayor this 7 day of October 1991 s Joe Jackson Mayor ATTEST s Catherine D Seaman Deputy City Clerk APPROVED AS TO FORM s Greg A Rubstello City Attorney #2950 - 10/13/91 PUBLIC NOTICE P u r s u a n t t o R C W 3 5 2 2 1 2 0 a n d R C W 35 22 170 the Richland City Council has adopted Resolution No 73 91 re questing that amendments to Sections 2 03 2 06 and 5 08 of the Richland City Charter be submitted to the voters at the general elec von to be held on Novem bar 5 1991 RESOLUTION NO 73 91 A RESOLUTION of the City of Richland providing for the submittal of three City Charter amendments to the electors of the City of Rich land for their approval or re jection BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF RICHLAND WASHINGTON AS FOL LOWS Section 1 01 There shall be submitted to the electors of the City the following amendment to Section 203 of the Charter of the City of Richland regarding the re placement of a Coun cilmember due to disability Section 2 03 Removal from or Forfeiture of Of- fIce-Vacancles Any coun eilrnan may be removed frorff-bffice by recall as pro IvideiTtyclaw A councilman Nall thr1:14134e0 to have ber ie'rli thereby c trrt Se liaerAcy upon any e-• -it Feet ff ol I o w i n g grouna*1 fall-Civet:no qualify or enter-eur5fLrt his duties within the time limited by law ceasing To be a rest dent of the city conviction of an infamous crime or any offense involving a violation of this Charter or his official oaths failure or refusal to take his oath of office ceas ing to have the qualifica tions prescribed in this Charter general laws or city ordinances or a failure to attend three consecutive regular meetings of the council without being ex cused by the council In ad dition to the foregoing the office of a councilman shall become vacant upon his death removal from office or resignation if a superior court determines that a member of council is un- able or incapable of rea- sonabiy fulfilling his/her duties because of illness or any other reason ex- -cused or unexcuseid,-for at least six continuous months thereafter or is unlikely to so perform, the position filled by such counclimember shall be considered vacant - The ballot title for the prop osition to have declared vs cant the position of a disabled councilmember by amending the Richland City Charter at the General Election to be held in the City of Richland on Novem bar 5 1991 shall read as follows PROPOSITION 1 Shall the Richland City Charter be amended to pro vide for the removal of a councilmember adjudgbd by a superior court to be unable or incapable of fulfil FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401 P 0 BOX 293, 412 WEST CLARK, PASCO, WASHINGTON 99301 'e1rarill015 iiiii miiii111 1 1111111111Po upo litlier111144ksiat., October 8, 1991 Tn-City Herald P0 Box 2608 Pasco, Wa 99302 Dear Kathy Please publish the attached Ordinances Nos 2837, 2838, 2839, 2840, 2841, 2842, and Summary of Ordinance No. 2843 on the following date October 13, 1991 Please send two (2) Affidavits of Publication for each Thank you, Catherine D Seaman Deputy City Clerk 545-3402 cds