HomeMy WebLinkAbout12-19-2005 ITEM VIII-A-4CITY OF _ ,
AGENDA BILL APPROVAL FORM
---0" WASHINGTON
Agenda Subject:
Date:
Ordinance No. 5977
December 13, 2005
Department:
Attachments:
Budget Impact:
Finance
Ordinance No. 5977
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 5977.
Background Summary:
Ordinance No. 5977 authorizes the creation of a new chapter to City Code
(Chapter 19.06) providing for
the collection of impact fees for fire protection facilities.
N1219-4
F4.3
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
❑ Building
❑ M&O
❑ Airport ® Finance
❑ Cemetery
❑ Mayor
❑ Hearing Examiner ® Municipal Serv.
® Finance
❑ Parks
❑ Human Services ❑ Planning & CD
❑ Fire
❑ Planning
❑ Park Board [-]Public Works
❑ Legal
❑ Police
❑ Planning Comm. ❑ Other
❑ Public Works
❑ Human Resources
❑ Information Services
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No
Call for Public Hearing _!_!
Referred to Until _/_/
Tabled Until _!_/_
Councilmember: Backus
Staff: Coleman
Meeting Date: December 19, 2005 1
Item Number: VIII.A.4
AUBURN* MORE THAN YOU IMAGINED
ORDINANCE NO. 5 9 7 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, CREATING A NEW CHAPTER 19.06
TO THE AUBURN CITY CODE, AUTHORIZING THE
COLLECTION OF IMPACT FEES FOR FIRE PROTECTION
FACILITIES
WHEREAS, the City Council of the City of Auburn (the "Council') finds that
development activity in the City of Auburn will create additional demand and
need for fire protection facilities; and
WHEREAS, the City of Auburn is authorized by Chapter 82.02 RCW to
require new growth and development within the City of Auburn to pay a
proportionate share of the cost of new facilities to serve such new growth and
development through the assessment of impact fees; and
WHEREAS, impact fees assessed pursuant to Chapter 82.02 RCW must be
based upon a showing that new development activity creates additional demand
and need for fire protection facilities, that the impact fees do not exceed a
proportionate share of the costs of such additional fire protection facilities, and
that the fees are spent for facilities reasonably related to the new development;
and
WHEREAS, impact fees may be collected and spent for fire protection
facilities that are included within a capital facilities plan element of a
comprehensive plan; and
WHEREAS, the City of Auburn is authorized by Chapter 82.02 RCW to
impose impact fees for system improvement costs previously incurred by the City
of Auburn to the extent that new growth and development will be served by the
previously constructed improvements; and
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Ordinance No. 5977
December 13, 2005
Pagel
WHEREAS, the City of Auburn has conducted a study documenting the
formulas and procedures for measuring the impact of new developments on fire
protection facilities, and has prepared a technical report which serves as the
basis for the actions taken by the Council; and
WHEREAS, the Council hereby incorporates the following study into this
ordinance by reference: "Impact Fees for Fire Protection Facilities in Auburn,
Washington," dated February 16, 2005.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN DO
ORDAIN as follows:
SECTION ONE CREATION OF NEW CHAPTER TO CITY CODE: A
new Chapter 19.06 of the Auburn City Code is hereby created, providing for the
collection of impact fees for fire protection facilities, to read as follows:
Chapter 19.06
Fire Impact Fee
Sections:
19.06.010
Findings and authority.
19.06.020
Definitions.
19.06.030
Reserved.
19.06.040
Assessment of impact fees.
19.06.050
Independent fee calculations.
19.06.060
Credits and adjustments.
19.06.070
Exemptions.
19.06.080
Appeals.
19.06.090
Establishment of impact fee account for fire protection.
19.06.100
Refunds.
19.06.110.
Use of funds.
19.06.120
Review and update of impact fees.
19.06.130
Miscellaneous provisions.
19.06.010 Findings and authority.
The council of the city of Auburn (the "council') hereby finds and
determines that
new growth and development, including but not limited to new
residential, commercial, retail, office, and industrial development, in the city of
Auburn will create additional demand and need for fire protection facilities in the
city of Auburn, and the council finds that new growth and development should
pay a proportionate
share of the cost of fire protection facilities needed to serve
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Ordinance No. 5977
December 13, 2005
Page 2
the new growth and development. The city of Auburn has conducted a study
documenting the procedures for measuring the impact of new developments on
fire protection facilities. This study has contributed to the rates as established in
the fee schedule of the city of Auburn. Therefore, pursuant to Chapter 82.02
RCW, the council adopts this chapter to assess impact fees for fire protection
facilities. The provisions of this chapter shall be liberally construed in order to
carry out the purposes of the council in establishing the impact fee program.
19.06.020 Definitions.
The following words and terms shall have the following meanings for the
purposes of this chapter, unless the context clearly requires otherwise. Terms
otherwise not defined herein shall be defined pursuant to RCW 82.02.090, or
given their usual and customary meaning.
A. "Act" means the Growth Management Act, Chapter 36.70A RCW
as now in existence or as hereafter amended.
B. "Building permit" for the purposes of this chapter only, means an
official document or certification which is issued by the city and which authorizes
the construction, alteration, enlargement, conversion, reconstruction, remodeling,
rehabilitation, erection, demolition, moving or repair of a building or structure. In
the case of increased impacts on fire protection facilities caused by a change in
use or occupancy of an existing building or structure, and where no building
permit is required, the term "building permit" shall specifically include business
registrations.
C. "Capital facilities plan" means the capital facilities plan element of
the city's comprehensive plan adopted pursuant to Chapter 36.70A RCW, and
such plan as amended.
D. "City" means the city of Auburn.
E. "Council" means the city council of the city of Auburn.
F. "Department" means the department of planning and community
development.
G. "Development activity" means any construction or expansion of a
building, structure, or use, any change in use of a building or structure, or any
change in the use of land, that creates additional demand and need for fire
protection facilities.
H. "Director" means the director of the department of planning and
community development or the director's designee.
I. "Downtown plan area" means the study area as identified and
adopted in the City of Auburn Downtown Plan dated May 2001 that is defined by
the boundary of the Union Pacific Railroad on the west and State Route 18 on
the south. The eastern boundary is defined as F Street SE from State Route 18
to East Main Street, East Main Street from F Street SE to E Street SE, and E
Street NE from East Main Street to 4th Street NE. The northern boundary is
defined as 2nd Street NW from the Interurban Trail to D Street NW, 3`d Street
NW/NE from D Street NW to Auburn Avenue, and 4th Street NE from Auburn
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Ordinance No. 5977
December 13, 2005
Page 3
Avenue to E Street NE. For the purposes of this chapter, the downtown plan
boundary has been slightly modified to avoid bisecting properties.
J. "Dwelling unit" means a building, or portion thereof, designed for
residential occupancy, consisting of one or more rooms which are arranged,
designed or used as living quarters for one family only.
K. "Encumbered" means to reserve, set aside or otherwise earmark,
the impact fees in order to pay for commitments, contractual obligations or other
liabilities incurred for fire protection facilities.
L. "Feepayer" is a person, corporation, partnership, an incorporated
association, or any other similar entity, or department or bureau of any
governmental entity commencing a land development activity which creates the
demand for additional fire protection facilities, and which requires the issuance of
a building permit. "Feepayer" includes an applicant for an impact fee credit.
M. "Fire protection facilities" means fire trucks and apparatus, and fire
stations, and any furnishings and equipment that are used with fire trucks and
apparatus or fire stations and which can be capitalized.
N. "Fire protection project improvements" mean site improvements
and facilities that are planned and designed to provide service for a particular
development or users of the project, and are not fire protection system
improvements. No fire protection improvement or facility included in a capital
facilities plan approved by the council shall be considered a fire protection project
improvement.
O. "Fire protection system improvements" means fire protection
facilities that are included in the city of Auburn's capital facilities plan and are
designed to provide service to service areas within the community at large, in
contrast to fire protection project improvements.
P. "Hearing examiner" means the examiner who acts on behalf of the
council in considering and applying land use regulatory codes as provided under
Chapter 18.66 ACC. Where appropriate, "hearing examiner" also refers to the
office of the hearing examiner.
Q. "Impact fee" means a payment of money imposed by the city of
Auburn on development activity pursuant to this chapter as a condition of
granting development approval in order to pay for the fire protection facilities
needed to serve new growth and development.
R. "Impact fee account" or "account" means the account established
for the fire protection facilities impact fees collected. The account shall be
established pursuant to ACC 19.06.090, and comply with the requirements of
RCW 82.02.070.
S. "Independent fee calculation" means the fire protection impact
calculation prepared by a feepayer to support the assessment of an impact fee
other than by the use of the attached schedules.
T. "Interest" means the interest rate earned by local jurisdictions in the
State of Washington Local Government Investment Pool, if not otherwise
defined.
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Ordinance No. 5977
December 13, 2005
Page 4
U. "Owner" means the owner of record of real property; provided, that
if the real property is being purchased under a recorded real estate contract, the
purchaser shall be considered the owner of the real property.
V. "State" means the state of Washington.
19.06.030 Reserved.
19.06.040 Assessment of impact fees.
A. Effective May 1, 2005, the city shall collect impact fees, based on
the fee schedule of the city of Auburn, from any applicant seeking development
approval from the city for any development activity within the city.
B. The amount of impact fees shall be determined at the time an
applicant submits a complete application for a building permit, using the impact
fee schedules then in effect, or pursuant to an independent fee calculation
accepted by the director pursuant to ACC 19.06.050, and adjusted for any credits
pursuant to ACC 19.06.060.
C. Payment of impact fees shall be made by the feepayer at the time
the building permit is issued for each unit in the development. The amount to be
paid shall not be increased for any applicant that submitted a complete
application for the building permit before the city established the impact fee rates.
D. Applicants that have been awarded credits prior to the submittal of
the complete building permit application pursuant to ACC 19.06.060 shall submit,
along with the complete building permit application, a copy of the letter or
certificate prepared by the director pursuant to ACC 19.06.060 setting forth the
dollar amount of the credit awarded. Impact fees, as determined after the
application of appropriate credits, shall be collected from the feepayer at the time
the building permit is issued.
E. The department shall not issue a building permit unless and until
the impact fees have been paid or credit(s) awarded.
19.06.050 Independent fee calculations.
A. If in the judgment of the director, none of the fee categories or fee
amounts set forth in the attached schedule accurately describes or captures the
impacts of the new development, the applicant shall conduct an independent fee
calculation and the director may impose alternative fees on a specific
development based on those calculations, once accepted by the city.
B. Feepayers may opt not to have the impact fees determined
according to the attached schedule. Such feepayers shall prepare and submit to
the director an independent fee calculation for the development activity for which
a building permit is sought. The documentation submitted shall show the basis
upon which the independent fee calculation was made.
C. A nonreimbursable administrative fee shall be charged for each
independent fee calculation. The fee shall be deposited with the city to pay for
city review of the independent fee calculation upon submittal of the documented
independent fee study.
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Ordinance No. 5977
December 13, 2005
Page 5
D. After the city completes its review, the actual fees and expenses
will be determined and the cash deposit shall be adjusted to provide for a refund
by the city or additional payment by the feepayer.
E. While there is a presumption that the calculations set forth in the
attached schedule are valid, the director shall consider the documentation
submitted by the feepayer, but is not required to accept such documentation
which the director reasonably deems to be inaccurate or not reliable, and may, in
the alternative, require the feepayer to submit additional or different
documentation for consideration. The director is authorized to adjust the impact
fees on a case-by-case basis based on the independent fee calculation, the
specific characteristics of the development, and/or where adjustment is deemed
by the director to be appropriate based on principles of fairness under the
circumstances of the case.
F. Determinations made by the director pursuant to this section may
be appealed to the office of the hearing examiner subject to the procedures set
forth in ACC 19.06.080.
19.06.060 Credits and adjustments.
A. A feepayer can request that a credit or credits for fire protection
impact fees be awarded to him/her for fire protection system improvement
projects provided by the feepayer in excess of the standard re3quirements for the
feepayer's development if the land, improvements, and/or the facility constructed
are identified as fire protection system improvements that provide capacity to
serve new growth in the capital facilities plan, or the director, at his/her discretion,
makes the finding that such land, improvements, and/or facilities would serve the
fire protection goals and objectives of the capital facilities plan.
B. For each request for a credit or credits, the director shall determine
the value of dedicated land by using available documentation or selecting an
appraiser from a list of independent appraisers maintained by the department to
determine the value of the land being dedicated. The value of improvements will
be determined through documentation submitted by the feepayer.
C. The feepayer shall pay the cost of the appraisal and shall deposit
on account the estimated cost of the appraisal as determined by the city at the
time the feepayer requests consideration for a credit.
D. After receiving the appraisal, the director shall provide the applicant
with a letter or certificate setting forth the dollar amount of the credit, the reason
for the credit, where applicable, the legal description of the site donated, and the
legal description or other adequate description of the project or development to
which the credit may be applied. The applicant must sign and date a duplicate
copy of such letter or certificate indicating his/her agreement to the terms of the
letter or certificate, and return such signed document to the director before the
impact fee credit will be awarded. The failure of the applicant to sign, date, and
return such document within 60 days shall nullify the credit.
Ordinance No. 5977
December 13, 2005
Page 6
E. Any claim for credit must be made no later than the time of
application for a building permit. Any claim not so made shall be deemed
waived.
F. Determinations made by the director pursuant to this section shall
be subject to the appeals procedures set forth in ACC 19.06.080.
G. Pursuant to and consistent with the requirements of RCW
82.02.060, the fee rate in the fee schedule has been reasonably adjusted for
other revenue sources which are earmarked for, or proratable to, funding fire
protection facilities.
19.06.070 Exemptions.
A. The following shall be exempted from the payment of fire protection
impact fees:
1. Replacement of a structure with a new structure of the same size
and use at the same site or lot when such replacement occurs within twelve (12)
months of the demolition or destruction of the prior structure.
2. Alterations or expansion or enlargement or remodeling or
rehabilitation or conversion of an existing dwelling unit where no additional units
are created and the use is not changed.
3. Alterations of an existing non-residential structure that does not
expand the useable space and that does not involve a change in use.
4. Miscellaneous improvements, including but not limited to fences,
walls, swimming pools, and signs.
5. Demolition or moving of a structure.
6. Any building permit application that has been submitted to the
department before 5:00 p.m. the business day before the first effective date of
the fire protection impact fee rate schedule and subsequently determined to be a
complete application by the city.
7. All development activity within the "downtown plan area" as defined
in ACC 19.06.020(1); provided, that this exemption shall sunset on December 31,
2006, unless otherwise extended by the city council. In order to comply with
RCW 8.02.060(2), impact fees for development activity in the downtown plan
area shall be paid for with public funds other than from impact fee accounts
during the exemption period set forth herein.
B. The director shall be authorized to determine whether a particular
development activity falls within an exemption identified in this section.
Determinations of the director shall be subject to the appeals procedures set
forth in ACC 19.06.080 below.
19.06.080 Appeals.
A. Any feepayer may pay the impact fees imposed by this chapter
under protest in order to obtain a building permit. Appeals regarding the impact
fees imposed on any development activity may only be made by the feepayer of
the property where such development activity will occur. No appeal submitted
under protest shall be permitted unless and until the impact fees at issue have
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Ordinance No. 5977
December 13, 2005
Page 7
been paid. Alternatively, any feepayer may appeal the impact fees determined
by the director without first paying the fees, providing the applicant is willing to
provide a satisfactory security of the appealed fee amount in accordance with the
requirements of ACC 17.08.010(A) prior to issuance of the building permit.
Alternatively, any feepayer may appeal the impact fees determined by the
director without first paying the fees provided the applicant is willing to postpone
issuance of the building permit until after the appeal process when the revised
final fee is known.
B. Determinations of the director with respect to the applicability of the
impact fees to a given development activity, the availability or value of a credit, or
the director's decision with respect to the independent fee calculation, or any
other determination which the director is authorized to make pursuant to this
chapter, can be appealed to the hearing examiner.
C. Appeals shall be taken within ten (10) days of the director's
issuance of a written determination by filing with the office of the hearing
examiner a notice of appeal specifying the grounds thereof, and depositing the
necessary fee, which is set forth in the existing fee schedules for appeals of
administrative decisions. The director shall transmit to the office of the hearing
examiner all papers constituting the record for the determination, including,
where appropriate, the independent fee calculation.
D. The hearing examiner shall fix a time for the hearing of the appeal,
give notice to the parties in interest, and decide the same as provided in Chapter
18.66 ACC. At the hearing, any party may appear in person or by agent or
attorney.
E. The hearing examiner is authorized to make findings of fact
regarding the applicability of the impact fees to a given development activity, the
availability or amount of the credit, or the accuracy or applicability of an
independent fee calculation. The decision of the Hearing examiner shall be final,
except as provided in subsection (G) of this section.
F. The hearing examiner may, so long as such action is in
conformance with the provisions of this chapter, reverse or affirm, in whole or in
part, or may modify the determinations of the director with respect to the amount
of the impact fees imposed or the credit awarded upon a determination that it is
proper to do so based on principles of fairness, and may make such order,
requirements, decision or determination as ought to be made, and to that end
shall have the powers which have been granted to the director by this chapter.
G. Any feepayer aggrieved by any decision of the office of the hearing
examiner may appeal the hearing examiner's final decision as provided in
Chapter 18.66 ACC.
19.06.090 Establishment of impact fee account for fire protection.
A. Impact fee receipts shall be earmarked specifically and deposited in
special interest-bearing accounts. The fees received shall be prudently invested
in a manner consistent with the investment policies of the city.
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Ordinance No. 5977
December 13, 2005
Page 8
B. There is hereby established a separate impact fee account for the
fees collected pursuant to this chapter: the fire protection facilities impact fee
account. Funds withdrawn from these accounts must be used in accordance
with the provisions of ACC 19.06.110. Interest earned on the fees shall be
retained in the account and expended for the purposes for which the impact fees
were collected.
C. On an annual basis, the financial director shall provide a report to
the council on the fire protection impact fee account showing the source and
amount of all moneys collected, earned, or received, and the fire protection
system improvements that were financed in whole or in part by impact fees.
D. Impact fees shall be expended or encumbered within six years of
receipt, unless the council identifies in written findings an extraordinary and
compelling reason or reasons for the delay.
19.06.100 Refunds.
A. If the city fails to expend or encumber the impact fees within six
years of when the fees were paid, or where extraordinary or compelling reasons
exist, such other time periods as established pursuant to ACC 19.06.090, the
current owner of the property on which impact fees have been paid may receive
a refund of such fees. In determining whether impact fees have been expended
or encumbered, impact fees shall be considered expended or encumbered on a
first in, first out basis.
B. The city shall notify potential claimants by first class mail deposited
with the United States Postal Service at the last known address of such
claimants. A potential claimant or claimant must be the owner of the property.
C. Owners seeking a refund of impact fees must submit a written
request for a refund of the fees to the director within one year of the date the right
to claim the refund arises or the date that notice is given, whichever is later.
D. Any impact fees for which no application for a refund has been
made within this one-year period shall be retained by the city and expended on
the appropriate fire protection facilities.
E. Refunds of impact fees under this section shall include any interest
earned on the impact fees by the city.
F. If and when the city seeks to terminate any or all components of the
fire protection impact fee program, all unexpended or unencumbered funds from
any terminated component or components, including interest earned, shall be
refunded pursuant to this section. Upon the finding that any or all fee
requirements are to be terminated, the city shall place notice of such termination
and the availability of refunds in a newspaper of general circulation at least two
times and shall notify all potential claimants by first class mail to the last known
address of the claimants. All funds available for refund shall be retained for a
period of one year. At the end of one year, any remaining funds shall be retained
by the city, but must be expended for the appropriate fire protection facilities.
This notice requirement shall not apply if there are no unexpended or
unencumbered balances within an account or accounts being terminated.
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Ordinance No. 5977
December 13, 2005
Page 9
G. The city shall also refund to the developer of property for which
impact fees have been paid all impact fees paid, including interest earned on the
impact fees, if the development activity for which the impact fees were imposed
did not occur.
19.06.110. Use of funds.
A. Pursuant to this chapter, impact fees:
1. Shall be used for fire protection system improvements that will
reasonably benefit the new development; and
2. Shall not be imposed to make up for deficiencies in fire protection
facilities serving existing developments; and
3. Shall not be used for maintenance or operations.
B. As a general guideline, fire protection impact fees may be used for
any fire protection system improvements which could otherwise be funded by a
bond issue of the city.
C. Fire protection facilities impact fees may be spent for fire protection
system improvements, including but not limited to fire trucks, apparatus, and fire
stations, including planning, land acquisition, site improvements, necessary off-
site improvements including mitigation, construction, engineering, architectural,
permitting, financing, and administrative expenses, applicable impact fees or
mitigation costs, and any other expenses which can be capitalized.
D. Impact fees may be used to recoup fire protection system
improvement costs previously incurred by the city to the extent that new growth
and development will be served by the previously constructed improvements or
incurred costs.
E. In the event that bonds or similar debt instruments are or have
been issued for the advanced provision of fire protection system improvements
for which impact fees may be expended, impact fees may be used to pay debt
service on such bonds or similar debt instruments to the extent that the facilities
or improvements provided are consistent with the requirements of this section
and are used to serve the new development.
19.06.120 Review and update of impact fees.
A. The fee rate schedules set forth in the fee schedule of the city of
Auburn shall be reviewed by the council no later than two years after the effective
date of the attached fee rate schedule, and no more than every two years
thereafter.
B. The fee schedules set forth in the fee schedule of the city of Auburn
shall be reviewed by the council as it may deem necessary and appropriate in
conjunction with the annual update of the capital facilities plan element of the
city's comprehensive plan.
19.06.130 Miscellaneous provisions.
A. Existing Authority Unimpaired. Nothing in this chapter shall preclude
the city from requiring the feepayer or the proponent of a development activity to
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Ordinance No. 5977
December 13, 2005
Page 10
mitigate adverse environmental impacts of a specific development pursuant to
the State Environmental Policy Act, Chapter 43.21C RCW, based on the
environmental documents accompanying the underlying development approval
process, and/or Chapter 58.17 RCW, governing plats and subdivisions; provided
that the exercise of this authority is consistent with the provisions of RCW
82.02.050(1) (c) .
B. Captions. The chapter and section captions used in this chapter are
for convenience only and shall not control or affect the meaning or construction
of any of the provisions of this chapter.
C. Severability. If any portion of this chapter is found to be invalid or
unenforceable for any reason, such finding shall not affect the validity or
enforceability of any other section of this chapter.
SECTION TWO IMPLEMENTATION: The Mayor is hereby authorized to
implement such administrative procedures as may be necessary to carry out the
directives of this legislation.
SECTION THREE CONSTITUTIONALITY OR INVALIDITY: If any
section, subsection, clause, phrase, or sentence of this Ordinance, is for any
reason held to be invalid or unconstitutional, such invalidity or unconstitutionality
of the remaining portions of this ordinance, as it is being hereby expressly
declared that this ordinance and each section, subsection, clause, phrase, or
sentence, hereof would have been prepared, proposed, adopted, and approved
and ratified irrespective of the fact that any one or more section, subsection,
clause, phrase, or sentence, be declared invalid or unconstitutional.
SECTION FOUR EFFECTIVE DATE: This Ordinance shall take effect
and be in force five (5) days from and after its passage, approval, and
publication, as provided by law, and on January 1, 2006.
INTRODUCED:
PASSED:
APPROVED:
PETER B. LEWIS, Mayor
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Ordinance No. 5977
December 13, 2005
Page 11
ATTEST:
Danielle E. Daskam, City Clerk
vii9Ww4d
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PUBLISHED:
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Ordinance No. 5977
December 13, 2005
Page 12