Article IX
TRANSITION
Sections:
9.01 Declaration of Necessity.
9.02 Powers During Transition Period.
9.03 Termination of Transition Period.
9.04 Enactment of Temporary Ordinances.
9.01 Declaration of Necessity.
Prior to the incorporation of the city, the area now included therein constituted an unincorporated community subject to the laws of the state of Washington, with its municipal facilities, installations, services, and administration provided by the United States of America, through the United States Atomic Energy Commission and its municipal contractor. Under the Atomic Energy Community Act of 1955 (Public Law 221, 84th Congress, 64 Stat. 472), the United States Atomic Energy Commission is authorized to transfer such municipal facilities, installations, services, and administration to the incorporated city not later than August 4, 1960. Before some of these transfers can be completed, the city will be required to take all or some of the following steps: employ a manager and other administrative officers, develop an administrative code, adopt personnel and pension systems, appoint and train qualified personnel to administer the affairs of the city, adopt a budget, adopt permanent fiscal procedures, organize boards, commissions, committees, and offices required or authorized by general laws or this Charter, adopt and enforce regulatory measures necessary for the preservation of the health, safety, morals, property, and general welfare of the people of the city, and the city should arrange to exercise all other powers granted to the city by the Constitution and the laws of the state and this Charter. It is, therefore, declared that the temporary powers included in this article are necessary to enable the city to operate effectively and to properly serve its citizens during the transition period.
9.02 Powers During Transition Period.
To assure and promote the continued protection of the health, safety, morals, property, and general welfare of the people of the city, and to secure to the people of the city the continuing high standards of municipal services existing before the adoption of this Charter, it is hereby provided and declared, as follows:
A. All laws of the state of Washington and the County of Benton in force in the area incorporated as Richland on the date of the election at which this Charter is adopted and all such laws in effect in said area on the date of incorporation which remain in effect therein on said election date which are not in conflict with this Charter shall continue in force for a period of one hundred eighty days following said election date or until such earlier time as the Council shall enact ordinances on the same subjects or until they expire by their own limitation.
B. The Council may appoint or remove, or provide for the appointment or removal of an acting manager and other temporary officers and employees who shall serve until such time as permanent appointments are made in accordance with this Charter and the ordinances of the city. Such officers and employees shall serve in unclassified positions. The Council may enact temporary ordinances, adopt temporary resolutions, and establish temporary rules and regulations, relating to administration, personnel, salaries and wages, contracts, injury, sickness and disability awards, and all other matters relating to administration and personnel.
C. The Council may enact temporary ordinances to accomplish the purposes of Article V of this Charter, appoint a temporary director of finance and a temporary purchasing officer, designate a temporary depository of city funds, provide for and adopt a temporary budget with the power to revise it from time to time as necessity or the interest of the city may require, and provide for temporary accounting and auditing procedures, temporary procedures for purchasing, temporary provisions for the receipt and disbursement of money, issuance of warrants, making of contracts, calling of bids, levy and collection of taxes, and administration of other financial matters.
D. The Council may enter into temporary agreements to obtain municipal services, including, but not limited to, police protection, fire protection, sewage collection, disposal and treatment, garbage and refuse collection and disposal, water supply and distribution, electrical energy supply and distribution, street and sidewalk maintenance and repair, park and recreational facilities, library services, engineering and legal services, and any other municipal services permitted by general laws.
E. The Council may provide for the appointment or designation of temporary police officers who shall be charged with all of the duties and authority of police officers of cities of the first class and who shall serve until such time as the Council shall provide for the appointment of permanent police officers. The Council shall diligently provide for personnel and pension systems for police officers, subject to general laws, to enable the appointment of permanent police officers at the earliest practicable date.
F. The Council may provide for the appointment or designation of temporary firemen who shall be charged with all the duties and authority of firemen of cities of the first class and who shall serve until such time as the Council shall provide for the appointment of permanent firemen. The Council shall diligently provide for personnel and pension systems for firemen, subject to general laws, to enable the appointment of permanent firemen at the earliest practicable date.
G. In the performance of their duties, all temporary city officers and employees shall have the power to execute and administer all applicable laws and ordinances.
H. The Council may grant temporary franchises, licenses, permits and privileges.
I. The Council may enact such other temporary ordinances, rules or regulations, as it may deem necessary for the effective administration of city affairs during the period of transition, which are not in conflict with general laws or this Charter.
9.03 Termination of Transition Period.
All ordinances, rules, regulations, grants, franchises, licenses, permits, privileges, contracts, or any other action of the city or any agency, body, or officer thereof, pursuant to Section 9.02 shall be terminated on August 4, 1960, or on any earlier date which the Council may declare, or on any earlier date which is the effective date of any permanent ordinance, rule, regulation, grant, franchise, license, permit, privilege, contract, or other action, which supersedes its temporary counterpart.
9.04 Enactment of Temporary Ordinances.
Whenever practicable, the Council shall enact permanent ordinances under the procedure set forth in Article III of this Charter. Temporary ordinances enacted pursuant to Section 9.02 may be enacted at the same Council meeting at which they are introduced and may become effective immediately upon their enactment, on condition that they shall be published in the official newspaper of the city within ten days thereafter. No temporary ordinance shall be enacted under the provisions of Section 3.08 of this Charter. Every temporary ordinance shall be plainly designated as such in both its title and body.
9.05 Residence.
Residence prior to the incorporation of the city of Richland within the limits of the area initially incorporated therein may be used toward fulfillment of residence requirements of this Charter.
9.06 Speed of Transition.
Notwithstanding any time limits set in this article, it is hereby declared that the period of transition before the city is fully operating as a city of the first class shall be completed as rapidly as is reasonably practicable, and the Council and city officers are directed to effectuate the transfer to the city of public utilities, municipal facilities, installations, services and functions, and the assumption of all municipal duties and responsibilities with due diligence.