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HomeMy WebLinkAbout3008 Ordinance^ First Readily/ cle.,./991-- Second Reading s/ 5L CITY OF PASCO ORDINANCE NO s_50c$ CITY OF KENNEWICK ORDINANCE NO 3519 CITY OF RICHLAND ORDINANCE NO 19 - 94 AN ORDINANCE PRESCRIBING REGULATIONS FOR RATES CHARGED TO CABLE TELEVISION SUBSCRIBERS FOR THE BASIC SERVICE TIER, PROVIDING A SEVERABILITY CLAUSE, PROVIDING FOR PUBLICATION, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the Federal Communications Commission ("FCC") has issued rules pursuant to the Cable Television Consumer Protection and Competition Act Pub L No 102-385 (1992) ("1992 Cable Act"), implementing the regulation of cable television subscriber rates, and WHEREAS, these rules allocate the regulation of rates for the basic service tier and associated equipment rates to local franchising authorities and require local authorities to become certified and adopt their own regulations governing the process of rate regulation, and WHEREAS, the Cities of Pasco, Kennewick, and Richland franchise cable television service for the benefit of its citizens, and WHEREAS, the Cities of Pasco, Kennewick, and Richland have agreed to jointly regulate rates to basic tier cable rates in accord with an interlocal cooperation agreement as authorized by Federal law, and WHEREAS, the Cities have submitted their application for certification to the FCC and it is expedient to adopt the required regulations now, in order to implement regulations at the earliest possible date to obtain the most competitive rates for the Cities' cable ratepayers, NOW, THEREFORE, THE CITY COUNCILS OF THE CITIES OF PASCO, KENNEWICK, AND RICHLAND, WASHINGTON, DO ORDAIN AS FOLLOWS Section 1 Definitions In this ordinance (1) "Basic Cable Rates" means the monthly charges for a subscription to the basic service tier and the associated equipment (2) "Basic Service Tier" means a separately available service tier to which subscription is required for access to any other tier of service, including as a minimum, but not ORDINANCE 3519 - Page 1 limited to, all must-carry signals, all PEG channels, and all domestic television signals other than superstations (3) "Benchmark" means a per channel rate of charge for cable service and associated equipment which the FCC has determined is reasonable (4) "Cable Act of 1992" means the Cable Television Consumer Protection and Competition Act of 1992 (5) "Cable Operator" means any person or group of persons (A) who provide cable service over a cable system and directly, or through one or more affiliates, owns a significant interest in such a cable system, or (B) who otherwise controls or is responsible for, through any arrangement, the management and operation of such a cable system (6) "Commission" means the Mid-Columbia Cable Rate and Advisory Commission established in accord with interlocal agreement to perform the duties and functions set out in this ordinance (7) "Cable Channel" or "Channel" means a portion of the electromagnetic frequency spectrum which is used in a cable system and which is capable of delivering a television channel (as television channel is defined by the FCC by regulation) (8) "Cost of Service Showing" means a filing in which the cable operator attempts to show that the benchmark rate or the Price Cap is not sufficient to allow the cable operator to fully recover the costs of providing the basic service tier and to continue to attract capital (9) "FCC" means the Federal Communications Commission (10) "Initial Basic Cable Rates" means the rates that the cable operator is charging for the basic service tier, including charges for associated equipment, at the time the City notifies the cable operator of the City's qualification and intent to regulate basic cable rates (11) "Must-Carry Signal" means the signal required to be carried by a Cable Operater in accord with 47 U S C §§ 534 & 535 (12) "PEG Channel" means the channel capacity designated for public, educational, or governmental use, and facilities and equipment for the use of that channel capacity (13) "Price Cap" means the ceiling set by the FCC on future increases in basic cable rates regulated by the City, based on a formula using the GNP fixed weight price index, reflecting general increases in the cost of doing business and changes in overall inflation ORDINANCE 3519 - Page 2 (14) "Reasonable Rate Standard" means a per channel rate that is at, or below, the benchmark or Price Cap level (15) "Superstation" means any non-local broadcast signal secondarily transmitted by satellite Section 2 Initial Review of Basic Cable Rates (a) Notice Upon the adoption of this ordinance and the certification of the Cities by the FCC, all cable operators shall be immediately notified by certified mail, return receipt requested, that the Cities intend to regulate subscriber rates charged for the basic service tier and associated equipment as authorized by the Cable Act of 1992 (b) Cable operator response Within 30 days of receiving notice a cable operator shall file with the Commission, its current rates for the basic service tier and associated equipment and any supporting material concermng the reasonableness of its rates (c) Expedited determination and public hearing (1) If the Commission is able to expeditiously determine that the cable operator's rates for the basic service tier and associated equipment are within the FCC's reasonable rate standard, as determined by the applicable benchmark, the Commission shall (A) hold a public hearing at which interested persons may express their views, and (B) act to approve the rates within 30 days from the date the cable operator filed its basic cable rates with the Commission (2) If the Commission takes no action within 30 days from the date the cable operator filed its basic cable rates with the Commission, the proposed rates will continue in effect (d) Extended review period (1) If the Commission is unable to determine whether the rates in issue are within the FCC's reasonable rate standard based on the material before it, or if the cable operator submits a cost-of-service showing, the Commission shall, within 30 days from the date the cable operator filed its basic cable rates with the Commission and by adoption of a formal resolution, invoke the following additional periods of time, as applicable, to make a final determination (A) 90 days if the Commission needs more time to ensure that a rate is within the FCC's reasonable rate standard, or ORDINANCE 3519 - Page 3 (B) 150 days if the cable operator has submitted a cost-of-service showing seeking to justify a rate above the applicable benchmark (2) If the Commission has not made a decision within the 90 or 150 day period, the Commission shall issue a brief written order at the end of the period requesting the cable operator to keep accurate account of all amounts received by reason of the proposed rate and on whose behalf the amounts are paid (e) Public hearing During the extended review period and before taking action on the proposed rate, the Commission shall hold at least one public hearing at which interested persons may express their views and record objections (f) Objections An interested person who wishes to make an objection to the proposed initial basic rate may request the City Clerk to record the objection during the public hearing or may submit the objection in writing anytime before the decision resolution is adopted In order for an objection to be made part of the record, the objector must provide the City Clerk with the objector's name and address (g) Benchmark analysis If a cable operator submits its current basic cable rate schedule as being in compliance with the FCC's reasonable rate standard, the Commission shall review the rates using the benchmark analysis in accordance with the standard form authorized by the FCC Based on the Commission's findings, the initial basic cable rates shall be established as follows (1) If the current basic cable rates are below the benchmark, those rates shall become the initial basic cable rates and the cable operator's rates will be capped at that level (2) If the current basic cable rates exceed the benchmark, the rates shall be the greater of the cable operator's per channel rate on September 30, 1992, reduced by 10 percent, or the applicable benchmark, adjusted for inflation and any change in the number of channels occurring between September 30, 1992 and the initial date of regulation (3) If the current basic cable rates exceed the benchmark, but the cable operator's per channel rate was below the benchmark on September 30, 1992, the initial basic cable rate shall be the benchmark, adjusted for inflation (h) Cost-of-service showings If a cable operator does not wish to reduce the rates to the permitted level, the cable operator shall have the opportunity to submit a cost-of-service showing in an attempt to justify a initial basic cable rates above the FCC's reasonable rate standard The Commission will review a cost-of-service submission pursuant to FCC standards for cost-of-service review The Commission may approve imtial basic cable rates above the benchmark if the cable operator makes the necessary showing, however, a cost-of-service ORDINANCE 3519 - Page 4 determination resulting in rates below the benchmark or below the cable operator's September 30, 1992, rates minus 10 percent, will prescribe the cable operator's new rates (i) Decision (1) By formal resolution After completion of its review of the cable operator's proposed rates, the Commission shall adopt its decision by formal resolution The decision shall include one of the following (A) If the proposal is within the FCC's reasonable rate standard or is justified by a cost-of-service analysis, the Commission shall approve the initial basic cable rates proposed by the cable operator, or (B) If the proposal is not within the FCC's reasonable rate standard and the cost-of-service analysis, if any, does not justify the proposed rates, the Commission shall establish initial basic cable rates that are within the FCC's reasonable rate standard or that are justified by a cost-of-service analysis (2) Rollbacks and refunds If the Commission determines that the initial basic cable rates as submitted exceed the reasonable rate standard or that the cable operator's cost-of-service showing justifies lower rates, the Commission may order the rates reduced in accordance with Paragraph (g) or (h) above, as applicable In addition, the Commission may order the cable operator to pay to subscribers, refunds of the excessive portion of the rates with interest (computed at applicable rates published by the Internal Revenue Service for tax refunds and additional tax payments), retroactive to September 1, 1993 The method for paying any refund and the interest rate will be in accordance with FCC regulations as directed in the Commission's decision resolution (3) Statement of reasons for decision and public notice If rates proposed by a cable operator are disapproved in whole or in part, or if there were objections made by other parties to the proposed rates, the resolution must state the reasons for the decision and the Commission must give public notice of its decision Public notice will be given by advertisement once in the official newspaper of the Cities (l) Appeal The Commission's decision concerning rates for the basic service tier or associated equipment, may be appealed to the FCC in accordance with applicable federal regulations Section 3 Review of Request for Increase in Basic Cable Rates (a) Notice A cable operator in the Cities who wishes to increase the rates for the basic service tier or associated equipment shall file a request with the Commission and notify ORDINANCE 3519 - Page 5 all subscribers at least 30 days before the cable operator desires the increase to take effect This notice may not be given more often than annually and not until at least one year after the determination of the initial basic cable rates unless necessitated by Federal Law or Regulation or an exceptional showing of need (b) Expedited determination and public hearing (1) If the Commission is able to expeditiously determine that the cable operators rate increase request for basic cable service is within the FCC's reasonable rate standard, as determined by the applicable Price Cap, the Commission shall (A) hold a public hearing at which interested persons may express their views, and (B) act to approve the rate increase within 30 days from the date the cable operator filed its request with the Commission (2) If the Commission takes no action within 30 days from the date the cable operator filed its request with the Commission, the proposed rates will go into effect (c) Extended review period (1) If the Commission is unable to determine whether the rate increase is within the FCC's reasonable rate standard based on the material before it, or if the cable operator submits a cost-of-service showing, the Commission shall, by adoption of a formal resolution, invoke the following additional periods of time, as applicable, to make a final determination (A) 90 days if the Commission needs more time to ensure that the requested increase is within the FCC's reasonable rate standard as determined by the applicable Price Cap, and (B) 150 days if the cable operator has submitted a cost-of-service showing seeking to justify a rate increase above the applicable Price Cap (2) The proposed rate increase is tolled during the extended review period (3) If the Commission has not made a decision within the 90 or 150 day period, the Commission shall issue a brief written order at the end of the period requesting the cable operator to keep accurate account of all amounts received by reason of the proposed rate increase and on whose behalf the amounts are paid ORDINANCE 3519 - Page 6 (d) Public hearing During the extended review period and before taking action on the requested rate increase, the Commission shall hold at least one public hearing at which interested persons may express their views and record objections (e) Objections An interested person who wishes to make an objection to the proposed rate increase may request the City Clerk to record the objection during the public hearing or may submit the objection in writing anytime before the decision resolution is adopted In order for an objection to be made part of the record, the objector must provide the City Clerk, with the objector's name and address (0 Delayed determination If the Commission is unable to make a final determination concerning a requested rate increase within the extended time period, the cable operator may put the increase into effect, subject to subsequent refund if the Commission later issues a decision disapproving any portion of the increase (g) Price Cap analysis If a cable operator presents its request for a rate increase as being in compliance with the FCC's Price Cap, the Commission shall review the rate using the Price Cap analysis in accordance with the standard form authorized by the FCC Based on the Commission's findings, the basic cable rates shall be established as follows (1) If the proposed basic cable rate increase is within the Price Cap established by the FCC, the proposed rates shall become the new basic cable rates (2) If the proposed basic cable rate increase exceeds the Price Cap established by the FCC, the Commission shall disapprove the proposed rate increase and order an increase that is in compliance with the Price Cap (h) Cost-of-service showings If a cable operator submits a cost-of-service showing in an attempt to justify a rate increase above the Price Cap, the Commission will review the submission pursuant to the FCC standards for cost-of-service review The Commission may approve a rate increase above the Price Cap if the cable operator makes the necessary showing, however, a cost-of-service determination resulting in a rate below the Price Cap or below the cable operators then current rate will prescribe the cable operator's new rate (1) Decision The Commission's decision concerning the requested rate increase, shall be adopted by formal resolution If a rate increase proposed by a cable operator is disapproved in whole or in part, or if objections were made by other parties to the proposed rate increase, the resolution must state the reasons for the decision Objections may be made at the public hearing by a person requesting the City Clerk to record the objection or may be submitted in writing at anytime before the decision resolution is adopted (j) Refunds (1) The Commission may order refunds of subscribers' rate payments with interest if ORDINANCE 3519 - Page 7 (A) the Commission was unable to make a decision within the extended time period as described in Paragraph (c) above, and (B) the cable operator implemented the rate increase at the end of the extended review period, and ' (C) the Commission determines that the rate increase as submitted exceeds the applicable Price Cap or that the cable operator failed to justify the rate increase by a cost-of-service showing, and the Commission disapproves any portion of the rate increase (2) The method for paying any refund and the interest rate will be in accordance with FCC regulations as directed in the Commission's decision resolution (k) Appeal The Commission's decision concerning rates for the basic service tier or associated equipment, may be appealed to the FCC in accordance with applicable federal regulations Section 4 Cable Operator Information (a) Commission may require (1) In those cases when the cable operator has submitted imtial rates or proposed an increase that exceeds the reasonable rate standard, the Commission may require the cable operator to produce information in addition to that submitted, including proprietary information, if needed to make a rate determination In these cases, a cable operator may request the information be kept confidential in accordance with this section (2) In cases where initial or proposed rates comply with the reasonable rate standard, the Commission may request additional information only in order to document that the cable operator's rates are in accord with the standard (b) Request for Confidentiality (1) A cable operator submitting information to the Commission may request in writing that the information not be made routinely available for public inspection A copy of the request shall be attached to and cover all of the information and all copies of the information to which it applies (2) If feasible, the information to which the request applies shall be physically separated from any information to which the request does not apply If this is not feasible, the portion of the information to which the request applies shall be identified ORDINANCE 3519 - Page 8 (3) Each request shall contain a statement of the reasons for withholding inspection and a statement of the facts upon which those reasons are based (4) Casual requests which do not comply with the requirements of this subsection, shall not be considered (c) Commission action Requests which comply with the requirements of Subsection (b), will be acted upon by the Commission The Commission will grant the request if the cable operator presents by a preponderance of the evidence, a case for nondisclosure consistent with applicable federal regulations If the request is granted, the ruling will be placed in a public file in lieu of the information withheld from public inspection If the request does not present a case for nondisclosure and the Commission denies the request, the Commission shall take one of the following actions (1) If the information has been submitted voluntarily without any direction from the Commission, the cable operator may request that the Commission return the information without considering it Ordinarily, the Commission will comply with this request Only in the unusual instance that the public interest so requires, will the information be made available for public inspection (2) If the information was required to be submitted by the Commission, the information will be made available for public inspection (d) Appeal If the Commission denies the request for confidentiality, the cable operator may seek review of that decision from the FCC within five working days of the Commission's decision, and the release of the information will be stayed pending review Section 5 Automatic Rate Adjustments (a) Annual inflation adjustment in accordance with FCC regulations, the cable operator may adjust its capped base per channel rate for the basic service tier annually by the final GNP-PI index (b) Other external costs (1) The FCC regulations also allow the cable operator to increase its rate for the basic service tier automatically to reflect certain external cost factors to the extent that the increase in cost of those factors exceeds the GNP-PI These factors include retransmission consent fees, programming costs, state and local taxes applicable to the provision of cable television service, and costs of franchise requirements The total cost of an increase in a franchise fee may be automatically added to the base per channel rate, without regard to its relation to the GNP-PI ORDINANCE 3519 - Page 9 712 ig, Attest M A PRICE, City Clerk f.,--B--SH-OWATER,MayorPro Tern JAMES R. BEAVER ORDINANCE NO 3519 filed and recorded in the office of the City Clerk of the City of Kenne- ORDINANCE 3519 - Page 10 (2) For all categories of external costs other than retransmission consent and franchise fees, the starting date for measuring changes in external costs for which the basic service per channel rate may be adjusted will be the date on which the basic service tier becomes subject to regulation or February 28, 1994, whichever occurs first The permitted per channel charge may not be adjusted for costs of retransmission consent fees or changes in those fees incurred before October 6, 1994 (c) Notification and review The cable operator shall notify the Commission at least 30 days in advance of a rate increase based on automatic adjustment items The Commission shall review the increase to determine whether the item or items qualify as automatic adjustments If the Commission makes no objection within 30 days of receiving notice of the increase, the increase may go into effect Section 6 Enforcement (a) Refunds The Commission may order the cable operator to refund to subscribers a portion of previously paid rates under the following circumstances (1) A portion of the previously paid rates have been determined to be in excess of the permitted tier charge or above the actual cost of equipment, or (2) The cable operator has failed to comply with a valid rate order issued by the Commission (b) Fines If the cable operator fails to comply with a rate decision or refund order, the cable operator shall be subject to a fine of $500 for each day the cable operator fails to comply Section 7 Separability The provisions of this ordinance are separable, and the invalidity of any phrase, clause or part of this ordinance shall not affect the validity or effectiveness of the remainder of the ordinance Section 8 This ordinance shall be in full force and effect 30 days from and after its passage, approval and publication as required by law PASSED BY THE CITY COUNCIL OF THE CITY OF KENNEWICK, WASHINGTON, this 5th day of April , 1994, and signed in authentication of its passage this 5th day of April , 1994 EFELICE, Mayor S D HANSEN, Mayor Approved as to Form THOMAS 0 LAMPSO Richland City Attorney eripc/E_.2X cAp roved as to Form wick, Washington this 6th day of April , 1994 WILLIkM L CAMERON Kennewick City Attorney DATE OF PUBLICATION 44- ,Z M A PRICE, City Clerk PASSED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON, this day of iify- , 1994, and signed in authentication of its passage this ti day of 4aril , 1994 Attest ity Attorney F PUBLICATION IT11- /- CATHERINE D S AMAN, Deputy City Clerk Approved as to Form I a ilbil 11Pii nwk 4.*_. 1 : G' : ST Wr it' Pas A RU DAT ORDINANCE NO 3_0,zefi1ed and recorded in the office of the City Clerk of the City of Pasco Was ington this day of 1994 .-Aitro - — - ATHERINE D EAMAN Deputy City Clerk PASSED BY THE CITY COUNCIL OF THE CITY OF RICHLAND, WASHINGTON, this 18th day of April , 1994, and signed in authentication of its passage this 19 th day of April , 1994 Attest DATE OF PUBLICATION April 21, 1994 ORDINANCE 3519 - Page 11 ORDINANCE NO 19-9 Oiled and recorded in the office of the City Clerk of the City of Rich- land, Washington this 19th day of April , 1994 Aettitg-Gity-Glerk--- Summary of City of Pasco Ordinance No. 3008 On April 4, 1994, the Pasco City Council adopted Ordinance No 3008 bearing the following title AN ORDINANCE PRESCRIBING REGULATIONS FOR RATES CHARGED TO CABLE TELEVISION SUBSCRIBERS FOR THE BASIC SERVICE TIER, PROVIDING A SEPARABILITY CLAUSE, PROVIDING FOR PUBLICATION, AND PROVIDING AN EFFECTIVE DATE Ordinances in substance the same as City of Pasco Ordinance No 3008 are to be passed by the cities of Kennewick and Richland, Washington for the purpose of enabling the cities of Pasco, Kennewick and Richland, Washington to jointly regulate the rates charged to cable television subscribers for the basic service tier The City of Pasco Ordinance No 3008 contains the following sections Section 1. Definitions. This section defines such terms as "basic cable rates", "basic service tier" and other terms used throughout the Ordinance Section 2. Initial Review of Basic Cable Rates. This section sets forth the procedural requirements and standards for review of basic cable rates by the commission with representatives from Pasco, Kennewick and Richland, established for the purpose of regulating rates for basic tier service Section 3. Review of Request For Increase In Basic Cable Rates. This section sets forth the procedural requirements and standards for reviewing a request by a cable operator to increase the rates for basic tier service Section 4. Cable Operator Information This section sets forth additional procedural requirements as well as substantive authority of the commission Section 5. Automatic Rate Adjustments. This section permits annual adjustment for inflation in the rates charged by a cable operator for basic tier service Section 6. Enforcement. This section sets forth the substantive authority of the commission to order refunds of rates paid to a cable operator and the authority for the imposition of fines for non-compliance II WPM, I - ....- Cathenne D Seaman Deputy City Clerk Section 7. Separability. This section provides that the provisions of the Ordinance are separable, and the invalidity of any phrase, clause or part of the Ordinance shall not affect the validity or effectiveness of the remainder of the Ordinance Section 8. This section specifies that the Ordinance shall be in full force and effect thirty days from and after its passage, approval and publication The full text of City of Pasco Ordinance No 3008 will be mailed upon request to the City Clerk Dated this day of April, 1994 Summary of Ordinance No. 3008 - Page 2 of 2 < TRANSACTION REPORT > 04-14-1994 (THU) 07 11 E -r R ,n, NI s NI I -1- 3 NO DATE TIME DESTINATION STATION PG DURATION MODE RESULT 3207 4-14 07 09 15095821453 4 0°01 42 NORM E OK 4 0 01 42 HHI I II H HHHoo 1111111111 1 1 1 1 1 11 1 11 Thank you, FINANCE DEPARTMENT (509) 545-3401 / Scan 726-3401 / Fax (509) 545-3403 P 0 BOX 293, 412 WEST CLARK, PASCO, WASHINGTON 99301 Apnl 14, 1994 Tn-City Herald P 0 Box 2608 Pasco, Wa 99302 Dear Kathy Please publish the attached Summary of Ordinance(s) No 3008 on the following date Apnl 17, 1994 Please send two (2) Affidavits of Publication for each Catherine D Seaman Deputy City Clerk 545-3402 cds * No attachments or maps included DATE 04/ 19/94 LEGAL NO 40: 841 ACCOUNT NO 50550 I 604 SUMMARY OF CITY OF P INR%i P 0 BOX 2608 PASCO WASHINGTON 99302 2608 PHONE (509) 582 1500 DESCRIPTION ISM& A0(17E07110E5(0 INVOICE TIMES 001 INCHES .00 SOLD TO PASCO, CITY OF LEGALS F.O. BOX 297, 3 o o PASCO WA .39701 $ oT IXIOTOCE 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 AFF8DAY117 OF PUBEESDAY1100 LEGALS Summary of City of Pasco Ordinance No 3008 On April 4 1994 the Pasco City Council adopted Ordi nance No 3008 beanng the following title AN ORDINANCE PRE SCRIBING REG ULATIONS FOR RATES CHARGED TO CABLE TELEVISION SUB SCRIBERS FOR THE BA- SIC SERVICE TIER PRO- VIDING A SEPARABILITY CLAUSE PROVIDING FOR PUBLICATION AND PROVIDING AN EFFEC- TIVE DATE Ordinances in substance the same as City of Pasco Ordinance f\t'o 3008 are to be passed by the cities of Kennewick and Richland Washington for the pur- pose of enabling the cities of Pasco Kennewick and Richland Washington to jointly regulate the rates charged to cable television subscribers for the basic service tier The City of Pasco Ordt nance No 3008 contains the following sections Section 1 Definitions This section defines such terms as basic cable rates basic service tier' and other terms used throughout the Ordinance Section 2 initial Review of Basic Cable Rates This section sets forth the procedural requirements and stardards ter review of basic cable rates by the commisston with represen- tatives from Pasco Ken newick and Richland es- tablished for the Durpose of regulating rates for basic tier service Section 3 Review of Re- quest For Increase In Ba- sic Cable Rates This sec- tion sets forth the procedural requirements and standards for review ing a request by a cable operator to increase the rates for basic tier service Section 4 Cable Opei- ator Information This section sets forth additional procedural requirements as well as substantive author ity of the commission Section 5 Automatic Rate Adjustments This section permits annual ad- justment for inflation in the rates charged by a cable operator for basic tier ser vice Section 6 Enforcement This section sets forth the substantive authority of the commission to order re- funds of rates paid to a cable operator and the au- thority for the imposition of fines for non compliance Section 7 Separability This section provides that the provisions of the °reit nance are separable and the invalidity of any phrase clause or part of the Ordu nance shall not affect the validity or effectiveness of the remainder of the Ordi nance Section 8 This section specifies that the Ordi nance shall be in full force and effect thirty days from and after its passage ap provel and publication The full' text of City of Pasco Ordinance No 3008 will be mailed upon request to the City Clerk Dated this 4 day, of April 1994 -s- Catherine D —Seaman Deputy City Clerk #684 - 4/17/94 COUNTY OF BENTON SS STATE OF WASHINGTON CARLA ALFORD , 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 624 SUMMARY OF CITY OF P as it was printed in the regular and entire issue of the Tr-City Herald itself and not in a supplement thereof, 1 time(s), commencing on 04 /17 /914 , and ending on 04/17/94 , and that said newspaper was regulary distributed to its subscribers during all of this period C-tigrE APR n 1994 NANCE DEPT (1,411A, Plinza( SUBSCRIBED AND SWORN BEFORE ME THIS Z-2, DAY OF A-p)u_t, , 111-1- Note Wok in and for the State of Wash- ington, residing at F ASCO WA COMMISSION EXPIRES 7—