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HomeMy WebLinkAboutMinutes 10/20/1981 I I I 185 CITY COUNCIL MEETING port Angeles, washington October 20, 1981 I CALL TO ORDER Mayor pro Tem Hordyk called the meeting to order at 7:l0 P.M. The Council had just completed a visit to the Marine Lab, and Mayor Pro Tem Hordyk thanked Mr. Art Feiro for the informative tour. II ROLL CALL Members Present: Mayor Pro Tem Hordyk, Councilmen Boardman, Buck, Duncan, polhamus, Quast. Members Absent: Mayor Haguewood. Staff Present: Manager Flodstrom, Attorney Miller, Deputy Clerk Headrick. G. Booth, P. Carr, D. Fri4zell, M. Cleland, J. pittis, L. Glenn, R. Orton. Public Present: B. Carter, L. Sunny, A. Rud, F. Booren, J. Parker, D. & D. parrish, E. Tenison, .K. .Sweeney-, D. .Bragg, D. Price, C. Whidden, E. Tinkham, R. Gerberding, G. Snell, E. Lorent4en, E. Whattam, Mr. & Mrs. D. McWilliams, A. McWilliams. III MINUTES Councilman Buck moved the Council accept and place on file as received the minutes of the October 6, 1981 meeting. The motion was seconded by Councilman Duncan. During discussion on the motion, Councilman Quast requested a correc- tion to Register Page No. l84, council/Staff Reports, second paragraph, fourth line, to read". . . not Italy as was previously stated." The motion to approve the October 6, 1981 minutes, as corrected, was then passed by the Council. IV FINANCE None. V CONSENT AGENDA councilman Quast moved the Council accept the items listed under the Consent Agenda including Vouchers of $327,095.33 and Payroll of $167,222.79. The motion was seconded by Councilman Buck. Following several questions from Councilman Quast on various purchases shown on the Voucher Approval List, the motion was passed by the Council. VI ITEMS FROM THE AUDIENCE NOT ON THE AGENDA Mr. Ernie Tenison, 506 E. lIth Street, addressed the Council in regard to a large, dead, leatherback turtle which he found while fishing and brought back to the Pier. The turtle, which weighed approximately 1,030 pounds, was con- fiscated by the federal authorities, since it is an endangered species, and was taken to tile University of puget Sound for tests. Mr. Tenison informed the Council that the main reason he brought the dead turtle back was because he felt it would be ~ interesting addition to the Marine Lab and Municipal Pier. However, he needs the City's cooperation in getting the turtle back from the government, since a private individual cannot be in possession of an endangered species. The Council, Manager Flodstrom and Attorney Miller then discussed the cost to preserve the turtle and whether the City would be within its rights to request the return of the turtle. Councilman Quast then moved the Council authorize Manager Flodstrom to contact the appropriate federal officials and inquire if the turtle can be released. The motion was seconded by Councilman Duncan and carried. VII ITEMS FROM THE COUNCIL NOT ON THE AGENDA Councilman Duncan: Reported on the EFSEC special meeting held october l6th in Lacey, and thanked all those public officials 'and private citizens who helped to compile the information which was a part of the findings of fact and conclusions of law which were adopted by EFSEC at that meeting. 186 CITY COUNCIL MEETING October 20, 1981 VII ITEMS FROM THE COUNCIL NOT ON THE AGENDA Mayor Pro Tem Hordyk: Welcomed the new Daily News reporter, Colleen Coble, to the meeting. VIII LEGISLATION l. PUBLIC HEARINGS: GUND PLAZA A. Zoning Code Amendment and Rezone Request Councilman Quast moved the Council schedule November 3, 1981 as the public hearing date on the Bunje Dowse & Company applications for a Zoning Code amendment and rezone. The motion was seconded by Council- man Buck and carried, with Councilman Boardman abstaining. B. Street Vacation Councilman Quast moved the Council take this matter from the table. The motion was seconded by Councilman Buck and carried. Mayor Pro Tem Hordyk then opened the public hearing on the Bunje Dowse & company request for vacation of "H" Street from Eighth Street to Tenth Street; Ninth Street from "G" Street to "I" Street; the alley from "G" Street to "I" Street between Eighth Street and Ninth Street; excluding all portions of said streets and alleys contained in the Eighth-Tenth Crossover Drive, and requested comments or questions from the audience or staff. There were no comments and Councilman Quast moved the Council continue the public hearing on this matter to Novem- ber 3, 1981. The motion was seconded by Councilman Buck and carried, with Councilman Boardman abstaining. 2. FINAL PLAT: SEAMOUNT ESTATES IV SUBDIVISION Councilman Buck moved the Council accept the final plat of Seamount Estates Division 4 because it conforms to the preliminary plat and acceptance of the final plat is in the best interest of the community. The motion was seconded by Councilman Quast and carried. 3. ERDMANN SHORT PLAT IMPROVEMENTS Councilman Buck moved the Council accept the required roadway and utility improvements on the Erdmann short plat 80(ll)l4, as recommended by Public Works Director Pittis. The motion was seconded by Councilman Boardman. During discussion on the motion, Councilman Quast and Fire Chief Glenn discussed the size of the water mains in this short plat and whether a 4-inch main is adequate for a main leading to a fire hydrant. On call for the question, the motion was passed by the Council. 4. PLANNING COMMISSION MINUTES Mayor Pro Tem Hordyk read the minutes of the October l4, 1981 Planning Commission meeting, with the following action being taken by the Council: A. Rezone Request: Olympic Memorial Hospital A public hearing date of November 3, 1981 was scheduled for this matter. B. Temporary Use Permit: Carter Mayor Pro Tem Hordyk opened the public hearing on Mrs. Carter's request for extension of a temporary use permit to maintain a mobile home on a lot to assist her parents, located on the 600 Block of East Viewcrest, and requested comments or questions from the audience or staff. There were no commen~s and the public hearing was closed. Councilman Buck then moved the Council concur/with the recommendation of the Planning Commission and approve the extension for a period of two years, subject to the same conditions as originally attached. The motion was seconded by Councilman POlhamus and carried. I I I CITY COUNCIL MEETING October 20, 1981 187 VIII LEGISLATION 4. Cont. C. Rezone Request: Niichel & Rutz A public hearing on this matter was scheduled for November 3, 1981. D. Parking Variance: Niichel & Rutz III A public hearing on this matter was scheduled for November 3, 1981. E. Temporary Use Permit: Whattam Mayor Pro Tern Hordyk opened the public hearing on Mr. Whattam's request for a temporary use permit to site a house trailer for his son-' s-- living purposes at l23 Forrest, and requested comments or questions from the audience or staff. There were no comments and the public hearing was closed. Councilman Buck then moved the Council concur with the recommendation of the Planning Commission and approve the temporary 'use permit for use of a travel trailer for a period not to exceed 2~ years, to be occupied by the son of Mr. and Mrs. Whattam only; subject to review by the Planning Commission after one year, and further sub- ject to the travel trailer meeting the requirements of the Fire Depart- ment and Health Department and that the location of the trailer shall be in accordance with any setback requirements established by the Building Inspector. The motion was seconded by Councilman Quast. During discussion on the motion, Councilman Quast questioned Mr. Whattam in regard to the plumbing facilities for the trailer, and whether the propane tank will be removed. Planner Carr also explained why a permit is required for this use. On call for the question, the motion passed. F. Conditional Use Permit: Parrish I Mayor Pro Tem Hordyk opened the public hearing on Mrs. Parrish's request for a Conditional Use Permit to operate a beauty salon as a home occupa- tion at l206 South Vine Street, and requested comments or questions from the audience or staff. There were no comments and the public hearing was closed. Councilman Buck then moved the Council concur with the recommendation of the Planning Commission and approve the conditional use permit for an initial one-year period, with review at the end of that time, with one non-resident part-time operator employed, and with the following findings of fact: (1) a beauty shop will not introduce noise, smoke, vibrations and odors in excess of those normally found in residential areas; (2) it will not significantly increase local vehicular or pedestrian traffic; (3) it will not be injurious or detrimental to nearby properties; and (4) the home occupation shall not endanger the public health, safety and welfare and it is in the public interest. The motion was seconded by Councilman Boardman. During discussion on the motion, Councilman Polhamus and Planner Carr discussed a similar conditional use permit application ~ich the Council had denied. Planner Carr also discussed with councilman Quast the prohibition of outside signs. On call for the question, the motion passed with Council- man POlhamus voting "NO." Councilman Buck moved the Council accept and place on file the Planning Commission minutes of October 14, 1981. The motion was seconded by Council- man Duncan and carried. I 5. CITY LIGHT RATES: ORDINANCE REVISION Power Manager Greg Booth explained the three proposed changes in the Light Rate Ordinance; (1) Area Lighting - yard lights owned and maintained by City Light ($8.50 per month); (2) Industrial'Transmission 7 not a rate increase; it is necessary "to adopt,a-rate',to'continue power sales to Crown Z and ITT Rayonier when the City's new power contract with BPA goes into effect. Additionally, revised metering provisions at the BPA Substation make this necessary; and (3) General Services - for demand metered customers. (The current ordinance does not specify which accounts are demand metered.) 188 CITY COUNCIL MEETING October 20, 1981 VIII LEGISLATION 5. Cont. Mayor Pro Tern Hordyk then introduced and read by title Ordinance No. 2173 entitled, Ordinance No. 2173 AN ORDINANCE of the City of Port Angeles establish- ing rates for the sale of electricity for area lighting and industrial transmission customers, amending Section 4 of Ordinance 2137 and Section l3.l2.040 of the Port Angeles Municipal Code, adding new sections to Chapter l3.l2 of the Port Angeles Municipal Code, and repealing Section lO of Ordinance 2054 and Section 13.l2.l00 of the Port Angeles Municipal Code. I Councilman Boardman moved the Council adopt the foregoing Orqinance as read by title by Mayor Pro Tem Hordyk. The motion was seconded by Councilman Buck and carried unanimously. 6. L.I.D. NO. 203 BONDS A. Purchase of Bonds Mayor Pro Tern Hordyk read a memorandum from Finance Director Orton informing the Council that the firms of Grande and Company and Campbell Waterman and Company have submitted a consolidated proposal to purchase the L.I.D. No. 203 bonds as follows: Bond Numbers 1 through 120 - $597,256.03 - l4.625%; Bond Numbers l21 through 142 - $110,000.00 - 14.75%. As security against defaulting on any portion of the issue, the City customarily fixes the assessment rate at one half point above the bond interest. In this instance, Finance Director Orton suggested 'I that the assessment rate be fixed at 15%. Councilman Buck then moved the Council concur with the recommendation of Finance Director Orton and accept the Grande & Company and Campbell Waterman Company consolidated proposal as stated above, and fix the assessment rate at l5%. The motion was seconded by Councilman Boardman and carried. B. Bond Purchase Ordinance Mayor Pro Tern Hordyk introduced and read by title Ordinance No. 2174 entitled, Ordinance No. 2174 AN ORDINANCE of the City of Port Angeles, Washington, providing for the issuance of bonds for Local Improve- ment District No. 203, in the total principal sum of $707,256.03. Councilman Boardman moved the Council adopt the foregoing Ordinance as read by title by Mayor Pro Tern Hordyk. The motion was seconded by Councilman Polhamus and carried. During the July 2l, 1981 regular Council meeting, Finance Director Orton made a presentation on self-insurance for the City's health and medical benefits for City employees. The Council endorsed Mr. Orton's proposal, with the understanding that the City would not proceed with it until the employees had been notified and their questions and concerns answered. I 7 . SELF- INSURANCE: HEALTH AND WELFARE PLANS At this meeting, Mayor Pro Tem Hordyk read a memorandum from Finance Director Orton outlining the steps the City has taken to notify and inform employees of the proposed plan. It was Mr. Orton's opinion that the majority of the City employees are supportive of this effort. I . I ORDINANce NO. 2173 AN ORDINANCE of Ihe City 01 Port Angeles ..stoblishing rot.s 10' Ih.. sol.. 01 electricity lor area lighting and industrial transmission customers. omendil'lg Section" of Ordinance . 2137 and Section 13.12.Q.40 of the Port Angeles Municipol Code. adding new seclions 10 Chapter 13.12 of Ihe Po" Angeles Municipal Code. and repealing Section 10 of Or- dinance 2054 and Section 13.12.100 of the Po" Angeles Municipal Code. :.- THE CITY COUNCIL OF THE CITY OF PORT ANGELES 00 ORDAIN a.lollows: Section 1. S..ctton 4 01 O,dinonce 2137. and Section 13.12.Q.40 of 1h. Port Angeles Municipal Code ore each amended to read as.follows: Schedule Gl--General Service, without demand metering. 1- Applicable to govemmentol agencies, schools, churches, I municipol and commercial accounts. multiple dwellings with 0 single meter and all industria' accounts not included under Schedules IP and IT. This schedule sholl be applicable only to I customers with on if1staUed capacity of less than 100 kilo'lolt , amperes (KV A). . 2. Rote: b. Customer charge $10.00 1 b. All KWH $0.0180 per KWH . Section 2. There Is hereby added a new section ta Chapter 13,1201 the Port Angeles Municipal Code, os lollows: Schedule IT-Industrial Transmission. 1. This schedule is applicable to industrial. manufacturing and processing plonts. 'or energy delivered 01 transmission voltage. 69 KV. directly from the Bonneville Power Ad. ministration 69 KV Port Angeles Substotion facilities. 2. Rote: o. Billing demand for th-e month $11011 bEt the moximum one hour demand for the monlh, fOf the hours of Monday Ihraugh Satu,day, 7:00 AM through 10:00 PM. b. Demond Charge: December-May June.No....ember c. Energy Cho'ge: September-March $.0082 per KWH April.August $.0077 per KWH Section 3. There is hereby added 0 new se<:tion to Chopter 13.12 olthe Port Angeles Municipal Code, os follows: Schedule A-Area Lighting 1. Ar(f(l lighting is 011 miscellonGol,Js lighting. for which a rate is not established by Se<:tion 13.12,070 of the Pot! Angeles Municipal Code, 2. Costs of additional poles and/or line edensions necessary to provide for area lighting shall be charged to the custome.. at the time of iMtoUofion or removal. 3. o. II ownership 01 the area lighting remains in the Light Deportment, maintenance on such lighfs sholl be the responsibility of the Light Deportment. b. The rates for orea lighting which remains in light Department ownership shall be as follows; l75 wolfS or less $8.50 More than 175 Watts, but'2SOWatts or less 9.00 More than 250 Watts. but 400 Watts or less 10,25 More than 400 Watts. but 1000 Watts orless 14.75 .4. a. 11 the customer retains ownership of the area light, maintenance on su~h I ight shall be the responsibility of the custome( . b. The rates fororea lighting for which the customer retains ownership shan be os follows: 17SWatts orless $3.25 Me,e than 17S Watts. but 250 Watts or less 3.75 More Ihon 250 Watts. but 400 Wath or less 5.00 Mo.e than 400 Watts, but 1000 Watts or less 9.50 Section ... Section 10 of Ordinance 205.4 and Section 13.12,100 01 the Port Angeles Municipol Code a,e hereby repealed. S~dion 5. .. any provisions. of tkis ordinance. or its ap- plication to any person or circumstance is held invalid, tne r.m_oinder of the ordinance. or application of Il1e previsions of the ordinance to other persons or circumstances, is not af. fected . Section 6. This ordinance shall take etfec-t November 1. 1981. PAsSED by the City Council 01 the City of Port Angeles at 0 regu10r meeting of the Council l1eld on the 201h day of Oc- tober, 1981. $2.~1 per KW 01 billing demand $1.52 per KW 01 billing demand John Hordyk, Mayor Pro Tem ArnST: Morian C. Parris.h, City Clerk APPROVED AS TO FORM: Craig L. Mille', City Attorney Pub,: Oct. 27,1981 -'" CITY COUNCIL MEETING October 20, 1981 189 VIII LEGISLATION 7. Cont. I Councilman Duncan then moved the Council concur with the recommendation of Finance Director Orton and terminate the City's medical, dental and vision contracts with the Blue Cross Corporation and with the washington Teamsters Trust effective December l, 1981, and proceed with self-insurance for the City's health and welfare plans. The motion was seconded by Councilman polhamus. During discussion on the motion, Manager Flodstrom read a letter from Jim Merriwether, President of Local 656 (Firemen's Union) which stated the Fire Department's support of the self-insurance program. IBEW, Teamsters, and Local l6l9 are also in favor of the program. Councilman Quast then asked "Will elected officials and/or appointed em- ployees be liable in case of insufficient insurance litigation?" Attorney Miller advised Councilman Quast that his question was very complex and a quick answer could not be arrived at tonight, however, generally speaking, the personal liability of a City employee or an elected official arises when that official/employee is not covered by insurance and when that official/ employee has acted beyond the scope of their authority. Attorney Miller recommended that the Council take that same position when they adopt an ordinance dealing with this issue; the City will defend the City employee and/or official when he is sued, but if it is determined in that lawsuit that the employee/official acted beyond the scope of his authority, the City should not be liable for any judgement that might be entered against that employee or elected official. Attorney Miller also pointed out that the self-insurance plan provides umbrella coverage up to two-million, which is one-million more than the City had with a regular insurance package. Following several other comments on the proposed self-insurance plans, the motion was passed unanimously by the Council. 8. CRAIG/CAMPBELL/PORTER AVENUE IMPROVMENT FUND ORDINANCE I Mayor ProTem Hordyk introduced and read by title Ordinance No. 2175 entitled, Ordinance No. 2175 AN ORDINANCE of the City of Port Angeles establish- ing the Craig/campbell/Porter Avenue Improvement Fund. Councilman Buck moved the Council adopt the foregoing Ordinance as read by title by Mayor Pro Tern Hordyk. The motion was seconded by Councilman Quast. During discussion on the motion, the Council and Manager Flodstrom discussed the impact of this Improvement Fund on the City's agreemeent with Johnie Key, who is developing the area south of Campbell Avenue; why no definite boundaries are included in the proposed Ordinance; and past improvements in this area and the impacts from those improvements. On call for the question, the motion was passed unanimously by the Council. 9. SELECTION OF CONSULTANT FOR CONVENTION/COMMUNITY CENTER I Following a brief discussion on each Council members choice of consultant for the schematic designs of the Vern Burton Memorial Community Center, Councilman Buck moved the Council award the contract for the schematic drawing design work for the Vern Burton Memorial Community Center to the firm of Ellerbe and Associates. The motion ~s seconded by Councilman Quast and carried with Councilman polhamus voting "NO." lO. NEW CAR SHOW Councilman Buck moved the Council approve the request of the Downtown Merchants and KONP Radio Station and authorize the closure of Laurel Street from Railroad Avenue to Front Street for the Annual New Car Show, October 3l, 1981. The motion was seconded by Councilman Duncan and carried. 190 CITY COUNCIL MEETING October 20, 1981 VIII LEGISLATION ll. COUNTY BOUNDARY REVIEW BOARD During the September l5, 1981 regular council meeting, the Council was informed that the County was considering the establishment of a County Boundary Review Board to review all reconfigurations of municipal bound- aries in the County, including special districts. At this meeting, Mayor Pro Tem Hordyk read a letter from Jim Falk, County I Planning Director, to Bert Barron, Planning and Community Affairs Agency, - confirming a meeting October 22, 1981 at the Courthouse to discuss the Boundary Review Board process as it is experienced by other counties. Manager Flodstrom and Planner Carr will be attending that meeting, as well as any Council members who are interested. l2. AWC LEGISLATIVE CONFERENCE Mayor Pro Tem Hordyk read a letter from Kent Swisher, AWC Executive Director, informing the Council of a one-day AWC Legislative Conference November l2th in Olympia. This conference will deal mainly with HE 749, the local option sales tax proposal. NO Council action was taken on this matter, since it was an informational item only. 13. STATUS REPORT: WPPSS NUCLEAR PROJECTS NO. 4 AND 5 During the September 29, 1981 special Council meeting, the Council agreed to support a "deferral" option for WPPSS Nuclear Projects No. 4 and 5. This option would keep the projects in a preservation (or mothballing) mode for two to two and one-half years to allow Bonneville and the Regional Power Council to determine whether the projects are needed in the region. At this meeting, Power Manager Greg Booth gave an updated report on the newest mothballing versus termination options. The most recent mothballing plan is the same as before, with the exception of Portland General Electric's I participation. All monies received by WPPSS under the program ($l50 million) will be expended only for preserving the assets of WNP No. 4 and 5 through June 30, 1983. Port Angeles' share of that $l50 million will be $426,800. The total cost for termination will be approximately $3 billion, with Port Angeles' share being $l4.l million. It was Mr. Booth's recommendation that the Council approve the mothballing concept. The Council then discussed this matter at length with Manager Flodstrom and Power Manager Booth. Subjects discussed included the need for more informa- tion on why the mothballing plan is being criticized and why Portland General Electric decided not to participate in it; the city's participant Contract with WPPSS; whether WPPSS' figure of $i50 million will be the total funds needed for mothballing or if that figure will escalate; and how much of a rate increase will be needed if ~he mothballing plan is approved. Councilman Buck then moved the Council concur with staff's recommendation and approve the mothballing concept. The motion was seconded by Councilman Quast. During discussion on the motion, Councilman Duncan and Attorney Miller discussed the legality of the $l50 million limit on the mothballing funding. Councilman Duncan then moved to amend the motion, adding that the amount of funds for mothballing the projects be limited to $l50 million. The amendment to the motion was seconded by Councilman Quast and carried. The original motion, as amended, was then passed by the Council. The Council and Manager Flodstrom then discussed at length the possibility 1_ of a meeting with Mr. Jim Lazar, Staff Economist for Senator King Lysen, who has recently completed a study on the cost of WNP No. 4 and 5. Follow- ing this discussion, Councilman Quast moved the Council schedule a special meeting on October 22, 1981 at 8:00 P.M. for the purpose of questioning Mr. Jim Lazar on the matter of WPPSS Nuclear projects No. 4 and 5. The motion was seconded by Councilman Boardman and carried. Manager Flodstrom will contact WPPSS to see if their representative would be available to attend the meeting also. CITY COUNCIL MEETING October 20, 1981 191 IX ITEMS FROM THE AUDIENCE NOT ON THE AGENDA Mr. Leo Sunny addressed the Council to suggest that the Daily News furnish to the people of Port Angeles a history of how the city got into this situation with WPPSS. X LATE ITEMS 1. LETTER OF RESIGNATION: COUNCILMAN BUCK I Mayor Pro Tem Hordyk read a letter of resignation from Councilman Harold S. Buck, effective October 31, 1981. Mr. Buck has been selected as the Director of the newly organized Clallam County Economic Development Council. The Council accepted Councilman Buck's resignation with regret, and wished him success in his new position. Following a brief discussion on the correct procedure for replacement of a Council member, Councilman Quast moved that the appointment of a new Council member be made at the Novrneber 3, 1981 regular Council meeting. The motion was seconded by Councilman Duncan and carried. XI COUNCIL/STAFF REPORTS Manager Flodstrom: Pointed out that Item No. 8 in the Informational Packet - a proposed Ordinance increasing the utility tax to Pacific Northwest Bell - will come before the Council for further consideration in November. Informed the Council that he had received a letter from Mr. Paul Bialous, Manager of Pen Ply, inviting the Council to a 40th anniversary luncheon on October 22nd at Pen Ply. Councilman Polhamus: Commented that he was very impressed with the City Hall and Council Chamber facilities at Sequim and Forks, and suggested that the matter of a new City Hall for Port Angeles be discussed at the 1982 budget hearings. I XII ADJOURNMENT The meeting adjourned at 9:35 P.M. I ~"",;" ~. ~ ~N(m!J#r~~ CiJj,v ClArk ./Mayor . ORDINANCE NO. 2174 ~ ;l 'i AN ORDINANCE of the City of Port Angelesl Washington, =: -:--- ' ORDINANCE ~O, 21;~ p,oviding lor the i..uance 01 bonds for local Improvemenl .. . AN ORDINANCE of the City District No. :203, in the total principal sum of $707,256.03. ~ 01 Port Angeles establishing WHEREAS. by Ordinance No. :2049 01 the City 01 Port the Craig/Campbell/Porter Angeles. Washington (the "City"), passed and appravo>d on Av~nue ImprovementFund. December 18. 1979, locollmpravement District No. :203 (the .1 WHEREAS, Ihe City 01 Part' "Dialrid') woo duly created: and, .. ," Angeles i. authorized by law W-HEREAS, the IInptovem~nts pro..f1ded for In Ordinance No. . to create funds for special :203 hove been completed and <>ccepto>d by the City; and purposes' and WHEREAS, the tolal cost oltributoble 10 the property owners ~ WHEREAS the Cily Council in the District of acquiring, ~on5trudin9 and installing said 1;l"J of the City' of Port Angeles improvements, p~us 011 c0515 incidenta1 thereto, 1'5 $82",831..3, deems U neces.sary in tile j C1-nd on assessment roll for the Dis-trict in the tofol amount of. public interest and '0 protect $824,831.431.<>. been confirmed in the manner required by law Ihe public heallh. solety and l by Ordinance No. 2157 01 the City, passed and approved on wllllore, Ihat the I July7, 1981; and / Craig/Campbell/Porter Av- WHEREAS. 0 lotcl of $117,575.40 01 the assessments on sold , enui> area in Ihe Beacon Hill, assessment ro;" for th~ District was paid by property o:wr'lEtrs. '4 Addition w1thin the City of during the period permitted by low. as extended by Ordinance Port Angeles be impravo>d; I No. 2170. pa.sed and appravo>d September 29, 1981, lor Ihe and payment ot O$sessmanH; without penalty. interest or cost; and WHEREAS 0 portion of the ~ WHEREAS, oller applying Ihe amount 01 prepaid" necessity 'lor this 1m.' ?5SeSsment' to, Il1e pay.me~t of the cost c::md axpe-nse of the provemen' 1s due to .n- ~ Improvements In the DIstnct and to the poymoent of 011 .)C. .., (reosed develo~m~nt in penses Incidenlol theret.a. il is necessary .thot the City issue ;. Ihose porlions of Ihe City I Locollmprovement District No. 2'03 Bonds In on amou~f equal served by Craig/Camp. 10 the unpoid bolance of the assessment roll, to wil. bell/Porter Streets: and I $707.256.03, to pay Ihe balance 01 ,uch cosl and expen~e; T WHEREAS, the City 01 Pori . NOW, THEREFORE, BE '! ORDAINED by the Counco! of 11.0 Angeles has, and inlends In City of Pori Angeles, Wosnmgton, ~s follows: . the fut~re. to require those Section 1. For tl1e purpose of paYing the costs attnbutQbl. to persons developing within ~ tt,e prop-erty o.wners in the Ojstri<:~ of acquiring. CO~$'~uc;fil'lg . areas s.erved by l and in..all;ng ,mprovements Ihere,n. plus all co.,s inCIdental .' Craig/Campbell/Parler SI", thereto. and to redeem ell outstanding warrants 11Sued to pay iHittsto contribute to Ine funds for such improvements, tne City 5noll is&ue local Improvement necessary to improve said j Diat,;ct No. :203 Band. (.he "Bonds") in the aggregate principal areas; and I amount of $707,256.03. WHEREAS, il is necessary The Band. shall be dated Novembe, I, 1981, sholl be in the lor budgeling and otcounting den<>m,naIIDn 01 $5.000 each. except for Band No. I which purposes Ihat a special lund ahall be in the denomination 01 $2,256.03, shall be numbered .. be establ;shed lor soid from 1 to 142 in.clusive, shell mature November 1. 1993, and C"ontributlQns from shall boar inlerest payable, November I, 1982 and annually ... a". v ~......t'.......... _r - -. ...... for building permits'; now, therefore, BE IT ORDAINED BY THE CITY COU Nell OF THE elTV OF . PORT ANGELES as fotlows; Section 1. There is hereby created the "Craig/Comp. b.tl/Porter Streets 1m. provement Fund." Section 2, AU funds received from persons developing within the a reo served by soid areas, which funds may be required 0$ conditions of plat approvals, annexotion approvals, building permit approvals, or through other legol means, shoU be placed into this fund. Stiction 3. An monies pTCiced into this fund shall be usec;l solely and exclusively for. payment of 0 portion of the toto' cost of construction of those improvements to laid. areas deemed necessary by the Department of Public Works of the City of Port Angeles, Section ... Should, for any reason, the $ubject street areas not be improved by the City. of Port Angeles within 0 period of seven (7) years froM the date of this Ordinance, all monies recehl'ed by the City of . Port Ange'es and deposited in this fund sha1l be reh,irned to the depositors thereof, with accrued in- terest j less a reasonable management charge. Section 5. This ordinance shein take eHect os required by low. ~~8\... PASSED by the City Coury::iI of the City of Port Angeles at o regular meeting of the Council held on the 20th day of October, 1981. John Hordyk MAYOR, PROTEM - A n.eST: ~rion C. Parrish, City Clerk APPROVED AS TO FORM: Craig l. Miner, City Attorney PUBLISHED: October 27, 1981 ORDINANCE NO. 2174 AN ORDINANCE of the City of Port Angeles. Washington, ~~ providing for the issuance of bonds for Local Improvement ~ District No. 203, in the total principal sum of $707,256.03. t WHEREAS, by Ordinance No. 2049 of the City of Port Angeles, Washington (the "City"), possed and approved on December 18, 1979, Local Improvement District No. 203 (the "District") was duly cr&ated; and . .'~ WHEREAS, the improvements provided for in Ordinance No. ':-- 200 hove been completed and accepted by the City; and WHEREAS, the lotal cost attributable to the property owners .. in the District of acquiring, constructing and installing laid' improvements, plus 011 costs incidental thereto, is $824,831.43, ~v and an QS58lio5ment roll for the District in the lotal amount of- $824,S31.43 hos been confirmed in lhe manner required by law . by Ordinance No. 2157 of the City, passed and approved on .; July7.1981;and . WHEREAS, a total of $117,575.40 of the assessments on said , assessment roll for the District was paid by property owners :. during the period permitted by law, os extended by Ordinance l No. 2170. passed and approved Septomber 29, 1981, for the payment of assessments without penalty, interest or cost; and WHEREAS, after applying tile amount of prepaid""'. Qssessmenls to the payment of the cost and expense of the ". improvements in the District and 10 the payment of all ex. penses incidental thereto. it is necessary that the City issue ~.: Local Improvement District No. 203 Bonds in an amount equal . to the unpaid balance of the ossessment ralr. to wit, $707,256.03, to pay the balance of such cost and expellse; NOW, THEREFORE, BE IT ORDAINED by the Council of the City of Port Angeles, Washington. os 'ollows: Section 1. For the purpose of paying the costs attributable to the property owners in the District of acquiring, constructing and installing improvements Ihersill, plus all costs Incidental thereto, and to redeem 011 outstanding warrants Issued to pay for such improvements. the City shall issue Local Improvement District No. 203 Bonds (the "Bonds") in the aggregate principal amount of $707,256.03, The Bonds shall be doted November 1, 1981, shall be In the denomination of $5.000 each, except fai Bond No. I whicl1 shall be in the denomination of $2,256.03, s!'aU be numbered from 1 to 142 inclusive, sholl mature November 1. 1993. and shall bear interest payable November 1, 1982 and annually 4~f~.~~~e~~r ~~~:e'.Y.Clr.~~:~~j~~~fl~~(:'~" I to 120 $597.256.03 14.625% 121 to 1.42 $110,000.00 14.750% The Bonds shall be poyable in lawful money of the United States of America 01 the office of the City Treasurer in Port Angeles, Washington, solely out of tne special fund of the City known as the "Local Improvement District No_ 203 Fund" created by Ordinance No. 2049 of the City. The Bonds sholl be redeemed at par in advance of their scheduled maturity, in numerical order, on any interest payment date wnenever there shall be sufficient money in the Local Improvement District No, 203 Fund to pay the some and ?~' :~~~:~ft~OthO~ 11::,rb~~dse~~ ~~s~~~te~~'e~3 o~~~c~nod~~i:; on am.ount sufficient 'Oi the poyment of the interest next accruing on all the unpaid bonds of Local Improvement District No. 203. Notice of such intended redemption shall be given by mail to the original purchasers or tile account manager thereof (or to their successor in business) at lheir main offices, respectively, in Seattle, Washington, and by one publication thereof in the City official newspaper not more than twenty (20) nor less than ten {IO}days prior to such redemption date. Section 2. There has heretofore been created a Local Im- provement District No. 203 Fund and the City has levied assessments payable into said Fund in ttle total amount of $824,B31.43, of which $117,575.40 were prepaid prior to the adoption of this ordinance and not less than $707,256.03 remain payable into soid Fund in ten equal annual installments together with interest and penalties thereon in accordance with Ordinance No. 2157 of rile City, as amended by Ordinance No. 2170. Both principal of and interest on the Bonds ore payable solely out of the Local Improvement District No. 203 Fund and from the Local Improvement Guaranty Fund of the Cily. Section 3. The Bonds sllall be in substantially Ihe.Jollowing form: NO._ UNITED STATES OF AMERICA STATE OF WASHINGTON CITY OF PORT ANGelES lOCAL IMPROVEMENT DISTRICT.I'lO. 203 :'~~:~d~:, 1~~~~~~l~~';f&:!.~haPte~.. 7, Slection 35,"5.070 "Neither the holder nor owner of any19ond, interest coupon, or warrant issued against a local improvement fi.md sholl hove any claim therefor aQainst the city.or town b~ which it is issued, except for payment lrom the special 'assessments made for the improvement for which the bond or warront was . cr ~rs~ve:m:~tdgu~xr~~; f~~d o:~he~~~:~~~~~oa~ t~hbeon'd~~~s~~d 191 Dei after the creation of a local improvement guaranty fund of the " city or town. The city or town shall not be liable to the holder ~ or owner of any bond, interest coupon, or warrant for any loss to the local improvement guaranty fund occurring in the lawful operation thereof." The City of Port Angeles, 0 municipal corporation of the IX State of Wasnington, hereby promises to pay to bearer on the ~ :NDA first day of November, 1993, the principal amount of DOlLAflS I :~tl:r:~lth:;ee:not~~~~~etCl~:o~e:r~~t~~:c;~~~:~~e~t"~~~ 'suggest that the Daiiy News furnish to principal sum has been mode or duly provided for at the rate If how the City got into this situation of _ % per olll1um payabie November 1, 1982 and OEl!1uCllly thereafter on November 1 of each y&ar, upon. presentation and surrender of the annexed interest coupons X os they severolly become due or until such principol amount , sholl have been poidor duly provided~oL T I Botl1 principal of and interest on tile bonds are payable in . lawful money of the United Stotes of America at the office of: BUCK I. -~- I ~~: ~:aJ~:~~~:~~:~~6i~~i~~I~~. ~g;h~~~~~~=::~y b~u6~~ : I ~~~~~~~yNf~~~O:ith~t~~y~i~~i~h:,.';h:"~~d~~~~lri;~r:;~~~~: : of resignation from Councilman Harold S. t thi~ bond shaH hove any claim therefor against the City of Port Mr. Buck has been selected as the . Angeles except for payment from the special assessments! allam County Economic Development Council. I made for the improvement for which t!,is bond was issued, and except os against the local improvement guaranty fund of the: ck I s resignation with regret, and wished ~~:;b:~~t~:r~~ sl~~~ ~~\~: J~~~:a~~yO~~n~O~dc~~~;;~;rne~h: _ Ei'ollowing a brief discussion on the lawful operation thereof by the City. The remedy of thE!' holder ~ -Jf a Council member, Councilman Quast J ~heo:"f~~(::e~~1 ;hec~:;e~~~~~~~~d~~ :~:I~::r~~~if:;dt.o, :N Council member be made at the Novrneber I This bond is one of. an issue aggreQot.in9. in a. II tfle principal The motion was seconded by Councilman :~r:e~fl~~:~;~~~ts~~~-:rPr~~:;:v~~e~~~~;~~~~ 203 created by Ordinance No. 20.49. The bonds of ttlis issue ore XI ~ subject to redemption at par in advance of their scheduled . f maturity, in numericol order, on any interest paJ'ment date wl1enever there sholl be sufficient money in the Local Im- f:~v:~nedtt~ib=i~~~:.,:~. :~~~ :~~ ~~~~~na~u=:~~~ :~f~ ':em No. 8 in the Informational Packet _ fident for the payment of tne interest next accruing on the ~.lity tax to Pacific Northwest Bell _ unr~ai~~~n~~i~f;~~~llir;~~lr:::: ~i:;~~~ob:~~e its final !r consideration in November. Informed maturity, each and every interest coupon not accrued at the ~er from Mr. Paul Bialous, Manager of Pen ~:d ~~~"~eP~~d:b~ ~~:'~~; ~~~~u~~I~ ~;r::iTi~;~O~i~;h~f :i versary luncheon on October 22nd at Pen such call to Grande & Co., Inc. and Campbell, Waterman Inc., ~ or 'heir successors in business, at their main offices in Seattle, Washington and by one publication of sucll call in tht;J City i 'official newspaper not more tnan twenty (20) nor less than ten. . was very impressed with the City Hall ~~~~ ~~~d ~hi:11 ~oe s:~~d c~~ ~ha:eda~:dth:h~~x~ui~~e~~~/~o~~~~ in and Forks, and suggested that the tl1ereofshallbecomedueaflersuchcalL - 'res be discussed at the 1982 budqet It i" h..~..h" rBrt;J;.,A .......l ..l~~'~~~..l ~L_~ .1.:. L__..I _~-' .L_' $- -~ ~ ""II~> 5-~~ :. 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