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TOWN OF YELM, WASHINGTON
ORDINANCE NO. 363 (1989)
ADOPTION OF CLASSIFICATION OF
NONCHARTER CODE CITY
AN ORDINANCE adopted pursuant to provisions of RCW 35A.02.030,
and to Resolution No. 199 (1989); providing for the
adoption by the Town of Yelm of the legal classification of
noncharter code city, and the name "City of Yelm "; adoptinq by
reference provisions of Title 35A RCW, the Optional Municipal Code;
repealing inconsistent provisions of the Yelm Municipal Code, and
of ordinances codified therein; directing certification of this
ordinance to the Secretary of State of the State of Washington,
after passage, and declaring an effective date.
WHEREAS, the Town Council of the Town of Yelm has heretofore
adopted Resolution No 199 , pursuant to RCW 35A.02.030,
declaring its intent to adopt the classification of noncharter
code city, such resolution having been regularly adopted and
passed on August 9, 1989; and
WHEREAS, the aforesaid resolution declaring such intent to
adopt code city classification has been published by direction
of the council at such time and in such manner as is specified
in RCV] 35A.02.030; and
WHEREAS, at least ninety (90) days from, not excluding, the
date of such publication has lapsed, without the filing of any
timely and sufficient referendum petition, as determined by
RCW 34A.29.170; now therefore
IT IS HEREBY ORDAINED AND ESTABLISHED BY THE TOWN COUNCIL
OF THE TOWN OF YELM, as follows:
SECTION ONE: ADOPTION OF CODE CITY CLASSIFICATION
This municipality does hereby adopt the legal classification
of noncharter code city.
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SECTION TWO: NAME
This municipality, formerly known as the "Town of Yelm ", a
municipal corporation of the Fourth Class, shall from and after
the effective date of this ordinance be known and referred to,
for all legal purposes, as the "City of Yelm ". Its legislative
authority, formerly known as the Town Council of the Town of
Yelm, shall from and after such effective date be known, for all
legal purposes, as the "City Council of the City of Yelm."
SECTION THREE: CONTINUATION OF PLAN OF GOVERNMENT
Notwithstanding its adoption of the classification of non-
charter code city, the Mayor- Council plan of government formerly
in effect in this municipality shall continue in full force and
effect.
SECTION FOUR:
ADOPTION BY REFERENCE OF OPTIONAL MUNICIPAL CODE
Title 35A RCW, the Optional Municipal Code for code cities
as now or hereafter amended, is hereby adopted by reference as
though here fully set forth, with respect to the following chapters
thereof:
RCW 35A.01; 35A.05; 35A.06; 35A.11; 35A.12; 35A.14 through
35A.90.
Sections of RCW 35A which are inconsistent with Yelm's status
as a noncharter code city formed by resolution method are not
adopted, which unadopted sections shall include but not be limited
to: RCW 35A.02; 35A.03; 35A.04; 35A.07 through 35A.10; and 35A.13.
SECTION FIVE: GENERAL REPEALER OF INCONSISTENT ORDINANCES
Any and all ordinances or parts of ordinances, and their
corresponding sections of the Yelm Municipal Code, which may be
inconsistent with those portions of Title 35A RCTI now or here-
after adopted are hereby repealed. It is the intent of the
Council to adopt specific repealers at a later date, but to utilize
this general repealer in the interim.
SECTION SIX: CERTIFICATION DIRECTED
The Town Clerk is directed, upon passage of this ordinance
and pursuant Lo ROV 35A.01.U3U, LL) I M'W,11 (I I I I— :;'l 4-1,11 Y "I
State of the State of Washington a certified copy of this ordinance.
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SECTION SEVEN: SEVERABILZTX
If any provision of this ordinance or its application to any
person or circumstance is held invalid, the remainder of the
ordinance or the application of the provision to other persons
or circumstances is not affected.
SECTION EIGHT: EFFECTIVE DATE
This ordinance shall be effective on and after the 13th
day of December , 1989.
Ft., M,
Mayor
Attest: IZJ
Passed: November 29, 1989
Approved: November 29, 1989
Published: December 7, 1989
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