HomeMy WebLinkAbout4521
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ORDINANCE NO. 4 5 2 1
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, ADDING A NEW CHAPTER 2.14 TO THE AUBURN CITY CODE
ENTITLED "THE MUNICIPAL COURT SYSTEM" AND THEREBY ESTABLISHING
A MUNICIPAL COURT SYSTEM PURSUANT TO THE COURT IMPROVEMENT ACT
OF 1984 WHICH HAS EXCLUSIVE ORIGINAL JURISDICTION OVER ALL
VIOLATIONS OF CITY ORDINANCES AND SUCH OTHER CASES AS MAY BE
PRESCRIBED BY STATE LAW; WHICH AUTHORIZES THE APPOINTMENT AND
REMOVAL OF A JUDGE AND JUDGES PRO TEM; WHICH PROVIDES FOR THE
COURT'S AUTHORITY TO IMPOSE CERTAIN SENTENCES UPON INDIVIDUALS
FOUND GUILTY; WHICH PROVIDES FOR COURT PLEADINGS, PRACTICE,
PROCEDURE, A COURT SEAL, AND COURT TRANSFERS; AND ESTABLISHING
AN EFFECTIVE DATE.
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WHEREAS, the Washington State Legislature has enacted the
Court Improvement Act of 1984, Chapter 3.50 of the Revised Code
of Washington, effective July 1, 1984, authorizing cities with
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a population of four hundred thousand or less t,o establish a
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municipal court; and
the Auburn City Council
WHEREAS,
finds that the
establishment of a municipal court for the City of Auburn is in
the best interests of the public health, safety and welfare of
the citizens of Auburn, Washington;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN AS FOLLOWS:
section 1. There is hereby added to the Auburn City Code
a new Chapter 2.14 entitled "Municipal Court System" to read as
contained in Exhibit "A" which is attached hereto and
incorporated herein.
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Ordinance No. 4521
October 24, 1991
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section 2.
The enactment of this ordinance shall not
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affect any case, proceeding, appeal or other matter currently
pending in the Aukeen District Court, King County, or in any
way modify any right or liability, civil or criminal, which may
be in existence on the effective date of this ordinance.
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section 3. If any section, sentence, clause or phrase of
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this ordinance should be held to be invalid or unconstitutional
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by a court of competent jurisdiction, such invalidity or
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unconstitutionality
or
validi ty
shall
not
affect
the
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constitutionality of any other section, sentence, clause or
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phrase of this ordinance.
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section 4.
The Mayor is hereby authorized to implement
such administrative procedures as may be necessary to carry out
the directions of this legislation.
section 5.
This ordinance shall take effect and be in
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full force and effect on January 1, 1992 after passage,
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approval and publication as provided by law.
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Ordinance No. 4521
October 24, 1991
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ATTEST:
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I / - / r 91/
,
//- /g-~9/
1//5'-9/
INTRODUCED:
PASSED:
APPROVED:
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M A 0 R
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Robin Wohlhueter,
City Clerk
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APPROVED AS TO FORM:
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Stephen R. Shelton,
City Attorney
PUBLISHED:
J/-dt./-9/
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Ordinance No. 4521
October 24, 1991
Page 3
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EXHIBIT "A"
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"NEW SECTION":
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2.14.010 Court Established. There is hereby established
a municipal court entitled "The Municipal Court of the City of
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Auburn", hereinafter referred to as "municipal court" or
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"court".
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2.14.020 Jurisdiction.
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(A) The municipal court shall have jurisdiction and
shall exercise all powers enumerated herein and in Chapter
3.50 of the Revised Code of washington, existing now or
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hereafter amended, together with such other powers and
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jurisdiction as are generally conferred upon such court in the
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state of Washington either by common law or by express
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statute.
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(B) The municipal court shall have exclusive original
jurisdiction over traffic infractions arising under city
ordinances and exclusive original criminal jurisdiction of all
violations of city ordinances duly adopted by the City of
Auburn. The municipal court shall have original jurisdiction
of all other actions brought to enforce or recover license
penalties or forfeitures declared or given by such ordinances
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Ordinance No. 4521 Exhibit "A"
November 14, 1991
Page 1
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or by state statutes. The municipal court shall also have the
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jurisdiction as conferred by state statute.
~rhe municipal
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court is empowered to forfeit cash bailor bail bonds and
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issue execution thereon; and in general to hear and determine
all causes, civil or criminal, including traffic infractions,
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arising under such ordinances and to pronounce judgment in
accordance therewith.
2.14.030 Judqes - Appointment - Qualifications.
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A.
The municipal court judge shall be app,~inted by the
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Mayor, subject to confirmation by the City Council. The judge
shall be appointed for a term of four (4) years. Appointments
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for each term shall be made on or before December 1 of the
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year next preceding the year in which the term commences. The
15 first judicial appointment shall be effective on January 1,
16 1992 and each fourth year thereafter.
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B.
A person appointed as municipal court judge shall be
18 a citizen of the united states of America and of the state of
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2.13.040 Salaries and Costs. The salary of the
municipal court judge shall be established through the
adoption of the yearly budget ordinance. All costs of
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Ordinance No. 4521 Exhibit "A"
November 14, 1991
Page 2
____n.___._.____ __ ._n____,___"
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operating the municipal court, including but no·t limited to,
salaries of judges and court employees, dockets, books of
records, forms, furnishings and supplies, shall be paid wholly
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out of the funds of the city.
The city shall provide a
suitable place for holding court and pay all expenses of
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maintaining it.
Municipal Court Emplovees.
2.14.050
All employees of
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the municipal court shall, for all purposes, be deemed
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employees of the City of Auburn.
They shall be appointed by
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and serve at the pleasure of the court; provided, that all
applicable city personnel practices and procedures with
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respect to hiring and termination are followed.
supervision
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of the court employees regarding non-judicial matters shall be
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by the Mayor or designee.
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2.14.060 Judaes Pro Tem. The Mayor shall, in writing,
appoint judges pro tem who shall act in the absence or
disability of the regular judge of the municipal court or
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subsequent to the filing of an affidavit of prejudice.
The
judge pro tem shall be qualified to hold the position of judge
21 of the municipal court as provided herein. The judge pro tem
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Ordinance No. 4521 Exhibit "A"
November 14, 1991
Page 3
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of the appointment shall be specified in writing but in any
event shall not extend beyond the term of the appointing
Mayor.
2.14.~
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JUdicial Vacancy.
Any vacancy in the position of the municipal court judge
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due to death, disability, resignation or removal shall be
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filled by the Mayor for the remainder of the unexpired term.
The appointment shall be subject to confirmation of the city
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council. The appointed judge shall be qualified to hold the
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position of judge of the municipal court as provided in this
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chapter and RCW 3.50.
2.14.~ Removal of JUdqe. The municipal judge shall be
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removed in accordance with city personnel policies, procedures
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and standards only upon conviction of misconduct or
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malfeasance in office or conduct which is detrimental to the
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best interest of the city or because of physical or mental
disability rendering the judge incapable of performing the
duties of the office.
2.14.m Municipal Court Hours.
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The municipal court
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Ordinance No. 4521 Exhibit "A"
November 14, 1991
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2.14.Uf Sentences.
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A.
unless otherwise
In all cases of conviction,
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provided in chapters 3.30 through 3.74 RCW as now or hereafter
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amended, where a jail sentence is given to the defendant,
execution shall issue accordingly; and where the judgment of
the court is that the defendant pay a fine and costs, the
defendant may be committed to jail until the judgment is paid
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in full.
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B.
A defendant who has been committed shall be
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discharged upon the payment for such part of the fine and
costs as remains unpaid after deducting from the whole amount
any previous payment, and after deducting the amount allowed
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for each day of imprisonment, which amount shall be the same
and computed in the same manner as provided for superior court
cases in RCW 10.82.030 and 10.82.040, as now or hereafter
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amended.
In addition, all other proceedings in respect of
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such fine and costs shall be the same as in like cases in the
superior court.
C.
Every person convicted by the municipal court of a
violation of the criminal provisions of an ordinance for which
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Ordinance No. 4521 Exhibit"N
November 14, 1991
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dollars ($5,000.00) or imprisonment in the ci 1:y j ail of a
period not to exceed one (1) year, or both such fine and
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imprisonment.
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2.14...o9'Ø" Deferral and Suspension of Sentences.
Unless
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otherwise provided by state law, the municipal court shall
have the following sentencing authority:
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A.
After a conviction, the court may defer sentencing
and place the defendant on probation and prescribe the
conditions thereof, but in no case shall it extend for more
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than two (2) years from the date of conviction.
During the
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time of the deferral, the court may, for good cause shown,
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permit a defendant to withdraw the plea of guilty, permit the
defendant to enter a plea of not guilty, and dismiss the
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charges.
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B.
For a period not to exceed two (2) years after
imposition of sentence, the municipal
court shall have
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c.
Deferral of sentence and suspension of execution of
22 sentence may be revoked if the defendant violates; or fails to
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Ordinance No. 4521 Exhibit "N
November 14, 1991
Page 6
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Upon the revocation of the deferral or suspension, the court
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shall impose the sentence previously suspended or any
unexecuted portion thereof. In no case shall the court impose
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a sentence greater than the original sentence, with credit
given for time served and money paid on fine and costs.
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D.
Any time before entering an order terminating
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probation, the court may revoke or modify its order suspending
the imposition or execution of the sentence.
If the ends of
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justice will be served and when warranted by th,~ reformation
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of the probationer, the court may terminate the period of
probation and discharge the person so held.
2.14.1tfI Complaints. All criminal prosecutions for the
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violation of a city ordinance shall be conducted in the name
of the City and may be upon the complaint of any person.
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2.14.~ Pleadinqs. Practice and Procedure," Pleadings,
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practice and procedure in cases not governed by statutes or
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rules specifically applicable to municipal cøurts shall,
insofar as applicable, be governed by the statut:es and rules
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now existing or hereafter adopted governinçr pleadings,
practices and procedures applicable to district courts.
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Ordinance No. 4521 Exhibit "A"
November 14, 1991
Page 7
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2.14.~ Case Transfers. A transfer of a case from the
municipal judge to either another municipal judge of the city
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or to a judge pro tempore appointed in the manner prescribed
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by this chapter shall be allowed in accordance with RCW
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3.66.090 in all civil and criminal proceedings.
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2.14.~ Court Seal. The municipal court shall have a
seal which shall be the vignette of George Washington, with
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the words "Seal of The Municipal Court of Auburn, State of
Washington" surrounding the vignette.
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2.14.ë50 Civil Jurv Trials. In all civil cases, the
plaintiff or defendant may demand a jury, which shall consist
of six (6) citizens of the State of Washington who shall be
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impaneled and sworn as in cases before district courts, or the
trial may be by a judge of the municipal court; PROVIDED, That
no jury trial may be held on a proceeding involving a traffic
infraction. A party requesting a jury shall pay to the court
a fee which shall be the same as that for a jury in district
court. If more than one party requests a jury, (~nly one jury
fee shall be collected by the court.
The fee shall be
apportioned among the requesting parties.
Each juror shall
receive ten dollars ($10.00) for each day in att:endance upon
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Ordinance No. 4521 Exhibit "A"
November 14, 1991
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the municipal court, and in addition thereto :;hall receive
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mileage at the rate determined under RCW 43.03.060.
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2.14.~ Criminal Process. All criminal process issued
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by the municipal court shall be in the name of the state of
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Washington and run throughout the state, and be directed to
and served by the chief of police, marshal, or other police
officer of any city or to a sheriff in the state.
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2.14.~ Revenue - Disposition.
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A.
Costs in civil and criminal actions may be imposed
as provided in district court. All fees, costs (except those
costs awarded to prevailing parties under RCW 4.84.010 and RCW
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36.18.040 or other similar statutes), fines, forfeitures and
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other money imposed by the municipal court for 'the violation
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of any city ordinances shall be collected by thl~ court clerk
and, together with any other revenues received by the clerk,
shall be deposited with the city finance director as a part of
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the general fund of the city, or deposited in such other funds
as may be designated by the laws of the state of Washington.
B.
The city finance director shall r,emit monthly
thirty-two (32) percent of the money received under this
section, other than for parking infractions, 1to the state
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Ordinance No. 4521 Exhibit "A"
November 14, 1991
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Treasurer. Money remitted under this subsection to the state
Treasurer shall be deposited as provided in RCW 43.08.250.
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C.
The balance of the money received under this section
shall be retained by the city and deposited as~ provided by
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law.
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Ordinance No. 4521 Exhibit "A"
November 14, 1991
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