Sunday, December 15, 2024
41.0°F

LEGAL NOTICE

| August 28, 2008 9:00 PM

The Grant County Board of Health will hold a public hearing at the Public Works meeting room at 124 Enterprise St. SE in Ephrata on Wednesday, September 10, 2008 at 7:00 p.m. The purpose of the hearing will be to adopt Ordinance 2008-3, amendment to the sewage ordinance and Ordinance 2008-4, amendment to the fee schedule. Anyone wishing to comment regarding this matter should appear at the meeting.

#08060

Pub.: August 28,29, 2008

NOTICE TO BIDDERS

Sealed bids will be received by the Public Utility District No. 2 of Grant County at Ephrata, Washington until 2:30 P.M., on September 18, 2008 for Contract for Supplying Distribution Transformers for 2009 as more fully described in Contract Documents 170-2678.

On the above date, the Bids will be opened and read aloud at the District's Office located at 154 A Street SE, Ephrata, Washington, 98823. All bids shall comply with the "Instructions to Bidders" contained in the contract Documents, copies of which are available at our Ebid site http://www.gcpud.org/contracting/index.htm. When reaching this site you will need to register as a new vendor if you are not already on our electronic vendor system.

PUBLIC UTILITY DISTRICT NO. 2

OF GRANT COUNTY, WASHINGTON

BY: Betty Snell

Contract Officer

(509) 793-1503

#08059

Pub.: August 28, 2008

Notice

August 18, 2008

The Port of Warden (Grant County Port District #8) is seeking individuals who are interested in being a Commissioner for the Port District. Qualifications as follows: 1. A resident that lives within the Port district Boundaries (map available upon request) 2. Be a registered voter in the district

Person selected will need to stand for election in 2009 to fill the remaining four years of the term. Person selected will need to file the necessary paper work with the State of Washington Public disclosure Commission within two weeks of appointment.

Interested Individuals should send a signed letter of interest along with a brief resume. Port requests that these be received no later than 5:00 PM on September 18th, 2008. Depending on number of applicants Port Commissioner may wish to interview applicants the nest day before the 12:00 noon meeting. Port meeting which starts at 12:00 noon the Port Office located upstairs in City Hall at 201 S. Ash.

Please mail to Port of Warden - PO Box 841 - Warden, WA 98857 or Fax to 509-349-2480

Email: portofwarden@ccser.net

Bobie Whitaker - Manager

#08050

Pub.: August 21, 28, 2008

NOTICE

Requests for Bids

The Housing Authority of Grant County is requesting sealed bids for framing and re-roofing to include installing new fascia and soffitt on a single unit located in Moses Lake, WA.

Bid packages are available at 1139 Larson Blvd., Moses Lake, WA, or by calling Tami Torrey at (509) 762-5541.

All bids over $25,000 must be accompanied by a bid guarantee in the form of a bid bond or certified cashier's check made payable to Housing Authority of Grant County in the amount of five percent (5%) of the total bid amount. Cost of bonds must be included in the bid price.

This project is subject to Washington State Prevailing Wage Rates. There will be a bid walk through on Wednesday, September 3, 2008. Time and location are listed in the project bid package. Bids must be submitted in a sealed envelope bearing the project name no later than 2:00 p.m., September 12, 2008. No facsimiles will be accepted.

The Housing Authority has the right to reject any or all bids and to waive any minor irregularities in the bids. The Housing Authority of Grant County does not discriminate on the basis of race, color, national origin, religion, sex, physical, mental disability, or familial status. The Housing Authority of Grant County is an Equal Opportunity and Affirmative Action Contractor; Minority, Women, and Small owned business are encouraged to submit bids.

Thank you,

Tami Torrey

Operations Assistant

#08057

Pub.: August 28, 2008

NOTICE: ANNOUNCEMENT OF AVAILABILITY OF DRAFT PERMIT

PERMIT NO.: ST-8116

APPLICANT: Englar Food Laboratory, LLC

641 Young Road NE

Moses Lake, WA 98837

FACILITY: Dry Falls Cellars

Moses Lake, WA 98837

Englar Food Laboratory, LLC has applied for a State Waste Discharge permit in accordance with the provisions of

Chapter 90.48 Revised Code of Washington (RCW) and Chapter 173-216 Washington Administrative Code (WAC).

Englar Food Laboratory, LLC presently owns or operates a Winery which is designed to handle an maximum daily

flow of 450 gallons per day. The wastewater, following treatment, must meet the requirements of the Washington State

Water Pollution Control Act and applicable regulations for a permit to be issued.

Following evaluation of the application and other available information, a draft permit has been developed which

would allow the discharge of treated wastewater from the winery to the City of Moses Lakes' Larson Treatment Plant.

A tentative determination has been made on the effluent limitations and special permit conditions that will prevent and

control pollution. A final determination will not be made until all timely comments received in response to this notice

have been evaluated.

PUBLIC COMMENT AND INFORMATION

The draft permit and fact sheet may be viewed at the Department of Ecology (Department) website:

http://www.ecy.wa.gov/programs/wq/permits/eastern_permits.html. The application, fact sheet, proposed permit, and

other related documents are also available at the Department's Eastern Regional Office for inspection and copying

between the hours of 8:00 a.m. and 5:00 p.m., weekdays. To obtain a copy or to arrange to view copies please call the

Permit Coordinator at (509) 329-3455, e-mail stra461@ecy.wa.gov or write to the address below.

Interested persons are invited to submit written comments regarding the proposed permit. All comments must be

submitted within 30 days after publication of this notice to be considered for the final determination. Comments should

be sent to:

Permit Coordinator

Department of Ecology

4601 N. Monroe Street

Spokane, WA 99205

Any interested party may request a public hearing on the proposed permit within 30 days of the publication date of this

notice. The request for a hearing shall state the interest of the party and the reasons why a hearing is necessary. The

request should be sent to the above address. The Department will hold a hearing if it determines that there is significant

public interest. If a hearing is to be held, public notice will be published at least 30 days in advance of the hearing date.

Any party responding to this notice with comments will be mailed a copy of a hearing public notice.

Please bring this public notice to the attention of persons who you know would be interested in this matter. Ecology

is an equal opportunity agency. If you need this publication in an alternate format, please contact us at (509) 329-

3455 or TTY (for the speech and hearing impaired) at 711 or 1-800-833-6388.

#08061

Pub.: August 28, 2008

ORDINANCE NO. 1278

AN ORDINANCE REPEALING OTHELLO MUNICIPAL CODE SECTION 5.08.060 AND AMENDING SECTION 5.080.010 ENTITLED "DEFINITIONS" AND CREATING SECTIONS 5.08.060 AND .070 OF CHAPTER 5.08 ENTITLED "SOLID WASTE AND REFUSE COLLECTION AND DISPOSAL"

THE CITY COUNCIL OF THE CITY OF OTHELLO, WASHINGTON DOES ORDAIN AS FOLLOWS:

SECTION 1. Repealing. Othello Municipal Code Section 5.08.060 Entitled "Maximum weight of solid waste cans and excess refuse" of Chapter 5.08 entitled "Solid Waste and Refuse Collection and Disposal" is hereby repealed in its entirety.

SECTION 2. Amendment. Othello Municipal Code Section 5.08.010 entitled "Definitions" is hereby amended to provide:

5.08.010 Definitions.

1) Appliances. The word "appliances" means a standard household or commercial appliance in excess of four cubic feet in total volume and/or in excess of eighty pounds total weight.

2) Ashes. The word "ashes" means the solid waste products of coal, wood, and other combustible materials used for heating, cooking, recreational purposes, and other incineration processes from all public and private establishments and residences.

3) City Clerk. The term "city clerk" means the duly elected city clerk of the city of Othello, or their authorized deputy, agent, or representative.

4) Code Enforcement Officer. The term "code enforcement officer" means the public works director and/or such other municipal employees appointed by the city council for the express purpose of enforcement of all provisions contained in Title 5 of the Othello Municipal Code.

5) Collector of Refuse. The term "collector of refuse" means the person, firm or corporation entering into contract with the city for removal and disposal of refuse, or the city.

6) Debris. The word "debris" means the remains of something broken down or destroyed, and accumulation of loose, detached fragments of rock, sand or gravel, or organic wastes from dead or damaged tissue.

7) Garbage. The word "garbage" means all putrescible wastes including vegetable wastes, animal offal, and carcasses of dead animals, but not including recognized industrial byproducts, and includes all such substances from all public and private establishments and residences.

8) Health Officer. The words "health officer" means the city health officer or County Director of Environmental Health and/or their authorized representatives.

9) Person. The word "person" means any individual, firm, company, association, society, corporation, institution, group, or any business employee thereof. The term also shall mean the occupant and/or the owner of the premises for which service herein provided for is rendered.

10) Public Works Director. The term "public works director" means that person appointed by the mayor with the concurrence of city council, having the direct responsibility for operating and overseeing all public works departments, including the city sanitary service department, or their authorized deputy, agent, or representative.

11) Putrescible. The word "putrescible" means capable of decomposing by micro-organisms with sufficient rapidity as to cause nuisances from odor, gases, etc. Kitchen wastes and dead animals are examples of putrescible components of solid waste.

12) Refuse. The word "refuse" means garbage, rubbish, ashes, swill, and all other putrescible and non-putrescible wastes, except sewage, from all public and private establishments and residences.

13) Rubbish. The word "rubbish" means all non-putrescible wastes, except ashes, from all public and private establishments and residences.

14) Superintendent. The word "superintendent" is synonymous with public works director, and means one and the same.

15) Swill. The word "swill" means every refuse accumulation of animal, fruit, or vegetable matter, liquid or otherwise, that attends the preparation, use, cooking, dealing in or storing of, meat, fish, fowl, fruit and vegetables, from all public and private establishments and residences.

16) Tare. The word "tare" means the residue remaining after hauling and cleaning of farm produce by agricultural industries, including soil and other undesirable elements.

SECTION 3. Creating. There is hereby created Othello Municipal Code Section 5.08.060 entitled "Container Regulations", and Section 5.08.070 entitled "Hazardous Waste" as provided:

5.08.060 Container Regulations.

(a) Refuse or garbage containers shall not be filled with liquid or semi-liquid wastes. All containers and carts shall be kept in a sanitary condition inside and outside and be free from accumulative grease and decomposing material and in such manner that no odor nuisance shall exist. It shall be the responsibility of the account holder to keep the carts or containers clean inside and out so that no odor nuisance shall exist, unless this responsibility is altered by contract between the city and the collector of garbage and refuse. Putrescible waste shall be placed in sealed bags prior to being placed in a cart or container.

(b) The placing or storing of carts and containers in such a manner that they become an attraction for insects, bugs, mice, rats or other vermin, or in such a manner that it can be readily overturned by animals, natural elements, vehicles or children, or causing or permitting the contents to be spilled or scattered is a nuisance, and the person, owner or occupant who causes said nuisance is guilty of an infraction and subject to the penalties provided for by this chapter.

(c) For residential service, every garbage container shall be placed adjacent to the street curb or in the alley way, outside of the traveled area, and at least 5 feet from any obstruction with the front of the container facing the street or alleyway on the day designated for collection. For commercial service, all accounts shall have their containers placed on a solid surface in a location accessible to the garbage collector. Safety and maneuverability of the collection vehicles shall be prime considerations.

(d) No garbage cart or container shall contain earth, rocks, or heavy refuse. Any cart or container requiring a person to lift it shall not exceed fifty (50) pounds in total weight.

(e) Compactors for industrial and commercial users shall be designed to be compatible with the City's or contractor's equipment.

(f) It shall be the responsibility of the account holder assigned any cart, container, or compactor to load it so that it can be legally hauled on public rights-of-way. Containers shall not be loaded heavier than five hundred (500) pounds gross weight per cubic yard of capacity.

(g) No solid waste cart or container shall be filled with refuse to such an extent that will prevent the lid from securely fitting. If a cart or container is filled to an extent that the lid is at a 45รป angle or more, the owner or occupant will be charged according to the City's rates in effect at the time. If excess refuse can not be placed in the cart or container, the owner or occupant shall notify the City prior to their next regular collection authorizing the collection and charges for the excess refuse. For residential accounts, excess refuse shall be contained in weatherproof bags, tightly closed and neatly placed two to three feet from the container.

(h) Items too large to bag, such as appliance, tires, etc. requires special handling. The owner or occupant shall notify the City prior to their next regular collection authorizing the collection and charges for the extra items.

5.08.070 Hazardous Waste.

Hazardous waste shall not be the responsibility of the collector of garbage and refuse and shall be disposed of in accordance with all local, state, and federal laws directly by the person producing such waste.

SECTION 4. Effective Date. This ordinance shall be in full force and effect five days after its passage and publication of its summary as provided by law.

PASSED by the City Council of Othello, Washington this 28th day of July, 2008.

By: ________________________

Shannon McKay, Mayor

ATTEST:

By:

Debbie Kudrna, City Clerk

APPROVED AS TO FORM:

By: _______________________________

James A. Whitaker, City Attorney

PASSED the 28th day of July 2008

APPROVED the 28th day of July 2008

PUBLISHED the 1st day of August 2008

#08063

Pub.: August 28, 2008

ORDINANCE NO. 1277

AN ORDINANCE CREATING THE CITY OF OTHELLO SR 24 INDUSTRIAL AREA REVENUE DEVELOPMENT AREA PURSUANT TO CHAPTER 39.102 RCW (LOCAL INFRASTRUCTURE FINANCING TOOL PROGRAM)

THE CITY COUNCIL OF THE CITY OF OTHELLO, WASHINGTON ORDAINS AS FOLLOWS:

Section 1. Recitals.

1. Chapter 39.102 RCW, (Chapter 181, Laws of 2006, as amended by Chapter 229, Laws of 2007, (collectively the Act)) provides that a sponsoring local government may create and adopt a Revenue Development Area within which certain specified public improvements may be financed through the allocation of various property and excise taxes, as set forth in the Act.

2. Subject to approval by the Community Economic Revitalization Board (CERB) of the Washington State Department of Community, Trade, and Economic Development, the Act provides the City of Othello (City) with the opportunity to demonstrate the benefits of the Local Infrastructure Financing Tool (LIFT) a limited form of tax increment financing.

3. Redeveloping the SR 24 Industrial Area will provide numerous benefits for all of Adams County and to the region. These benefits include:

3.1 Promoting a mixed-use commercial/industrial development area that will create new jobs and retain existing jobs.

3.2 Provide an area for business development to occur in a designate commercial/industrial area.

3.3 Reconstructing existing roads and subsurface drainage systems; and extending sanitary sewer, storm drainage, and drinking water systems to the SR 24 Industrial Area RDA.

3.4 Providing much needed public improvements to allow emergency services access to the RDA.

3.5 Eliminating the potential for failing on-site septic systems within the RDA.

3.6 Improving access to the existing City Park within the RDA for the general public.

3.7 Improving access to the existing Adams County Sheriff's substation, Adams County Maintenance Shop, and Washington State offices within the RDA for the general public.

4. A Revenue Development Area would provide significant assistance in carrying out the cooperative redevelopment of this site.

5. The Act requires the City to create a Revenue Development Area, subject to provisions of the Act, to qualify for a state contribution up to a total amount of one million dollars per year.

6. The City Council determined that 2009 should be used as the base year from which to measure the incremental future taxes for purposes of the Act.

7. In order to create a Revenue Development Area, a sponsoring local government must adopt an ordinance consistent with the requirements RCW 39.102.090.

8. Prior to passage of this ordinance, the City Council held a public hearing on June 27, 2008, notice of which was published in the Columbia Basin Herald, the legal newspaper of general circulation within the proposed Revenue Development Area, at least ten days before the public hearing, and notice of which was posted in at least six conspicuous public places located in the proposed Revenue Development Area (see Attachment A).

9. Notice of the public hearing in the form attached as Attachment A was sent by United States Mail to the property owners, community-based organizations, and business enterprises listed on Attachment B, incorporated herein by reference, such notices being sent at least thirty days prior to the public hearing.

10. A certified copy of the proposed form of this ordinance was delivered to the Washington State Community Economic Revitalization Board and to the Washington Department of Revenue.

11. The City heard testimony at the public hearing and carefully considered the comments and opinions presented.

12. The City Council finds that this Ordinance complies with the Act and that the creation and adoption of a Revenue Development Area with the boundaries described in Attachment C is in the best interest of the City of Othello and its citizens.

Section 2. Incorporation of Recitals and Attachments. The recitals set forth above are incorporated herein by reference as if set forth in this section in full. All attachments to this ordinance are incorporated herein by reference.

Section 3. Description of Public Improvements. The public improvements currently estimated to be made in the RDA are described in Attachment D. This list does not imply City Council approval of any specific projects at this time. City Council will consider and finalize the list of approved public improvements as part of the development agreement between the City and any private developer(s) of the RDA.

Section 4. Description of Boundaries. The City Council adopts the boundaries of the RDA as described and depicted in Attachment C.

Section 5. Estimates of Costs. As further described in Attachment D, the current estimated cost of the Public Improvements is approximately $6,000,000 in 2009 dollars, and the current estimated portion of this cost to be financed by local infrastructure financing, including LIFT State funding and local government LIFT contributions consistent with the ACT, is $6,000,000 million to be received over nine years.

Section 6. Time of Tax and Revenue Collection. The estimated time during which local excise tax allocation revenues, local property tax allocation revenues, and other revenues from local public sources are to be used as part of the local infrastructure financing for the RDA is nine years (2009-2018).

Section 7. Date for Commencement of use of Revenues. The City's use of local excise tax allocation revenues and local property tax allocation revenues with respect to the RDA is anticipated to commence on July 1, 2009.

Section 8. Findings Required by RCW 39.102.070 of the Act. The City Council finds and determines that the conditions of RCW 39.102.070 are met with respect to the RDA. Specifically, the City Council finds and determines that:

8.1 No funds will be used to finance, design, acquire, construct, equip, operate, maintain, remodel, repair, or reequip public facilities funded with taxes collected under RCW 82.14.048;

8.2 The Public Improvements are projects that are or will be identified within the capital facilities, utilities, housing, or transportation elements of the City's comprehensive plan under Chapter 36.70A RCW or are historic preservation projects under RCW 39.89.020;

8.3 The Public Improvements are expected to encourage private development within the RDA and to increase the fair market value of real property within the RDA;

8.4 Private development is anticipated to occur within the RDA, as a result of the public improvements, which will be consistent with the countywide planning policy adopted by Adams County under RCW 36.70A.210 and the City's comprehensive plan and development regulations adopted under Chapter 36.70A RCW;

8.5 The local infrastructure financing with respect to the RDA is not expected to be used for the sole purpose of relocating a business from outside the RDA but within Washington State, into the RDA, and the RDA will improve the viability of business development within the RDA;

8.6 The Public Improvements are reasonably likely to (1) increase commercial investment within the RDA; (2) increase employment within the RDA; and (3) generate, over the period of time that local option sales and use taxes will be imposed under RCW 82.14.475, state excise tax allocation revenues and state property tax allocation revenues (as defined in the Act) derived from the RDA that are equal to or greater than the respective state contributions made under the Act; and

8.7 The local infrastructure financing will be used only in the RDA, which is an area deemed by the City to be in need of economic development or redevelopment and is within the City's boundaries.

Section 9. Findings required by RCW 39.102.080 of the Act. Pursuant to RCW 39.102.080, the estimated impact of the RDA on small business and low income housing, and the mitigation plan relating thereto, is attached as Attachment E is hereby adopted.

Section 10. General Authorization. The Mayor and other appropriate City officers designated by the Mayor are each hereby authorized and directed to do such things as may be necessary and appropriate in order to carry out the terms and provisions of, and complete the transactions contemplated by this ordinance, including without limitation all actions necessary to apply prompt approval by the CERB, of the RDA and the use of Local Infrastructure Financing under Chapter 39.102 RCW.

Section 11. Section Headings or Captions. The section headings or captions of this ordinance are for convenience of reference only, and shall not be used to resolve any question of interpretation of this ordinance.

Section 12. Severability. If any one or more of the covenants or agreements provided in this ordinance to be performed on the part of the City shall be declared by any court of competent jurisdiction to be contrary to law, then such covenant or covenants, agreement or agreements, shall be null and void and shall be deemed separable from the remaining covenants and agreements in this ordinance and shall in no way affect the validity of the other provisions of this ordinance.

Section 13. Ratification of Prior Acts. All acts taken pursuant to the authority of this ordinance but prior to its effective date are ratified and confirmed.

Section 14. Authority to Correct Scrivener's Errors. The City Clerk and the codifiers of this Ordinance are authorized to make necessary corrections to this Ordinance including, but not limited to, the correction of scrivener's clerical errors, references, ordinance numbering, section/subsection numbers and any references thereto.

Section 15. Effective date. This ordinance shall be in full force and effect five days after its passage and publication of its summary as provided by law.

PASSED by the City Council of Othello, Washington this 27th day of June 2008.

By: _________________________________

Shannon McKay, Mayor

ATTEST:

By: ______________________________

Debbie Kudrna, City Clerk

APPROVED AS TO FORM:

By: ______________________________

James A. Whitaker, City Attorney

PASSED the 27th day of June 2008

APPROVED the 27th day of June 2008

PUBLISHED the 1st day of July 2008

#08062

Pub.: August 28, 2008