HomeMy WebLinkAbout2013/08/13 Item 02oRDI.~~.aNCE No. -g~~OND REptDING AND ADDp~10N
ORDNANCE OF THE CITY OF CHUL.4 \%ISTA
ESTABLISHIAtG a PEDESTRIAN BRIDGE
DEVELOPMENT IMPACT FEE PROGRaA9 FOR THE
EASTERN URBAN CENTER .~~tD THE AREA OF
BENEFIT
\\''HEREAS; the Conditions of Appro~~al for the Otay Ranch Eastern Urban
Center Tentative Subdivision Map (C.V.T. 09-03) require the establishment of a
Development Impact Fee (D1F), or other funding mechanism to construct a pedestrian
bridge that will cross Eastlake Pazkway and will connect the Otay Ranch 1`4illenia
Easte,-n Urban Center (EUC) Project to Otay Ranch \%illage 1 ];and
\1'T-1EREAS. land ~~~ithin Otati' Ranch Millenia EUC will beneftt from the
installation of the Eastlake Pedestrian Bridge primarily due to: (a) location and proximity
to the bridge; and (b)its ease of access to the bridge based on the trail configuration; and
\1%HEREAS; the"Millenia-Eastlake Parki+~ay Pedestrian Overcrossing Tine
Selection Report,"prepared by Simon\Vong Engineering, dated May 6; 2013 estimated
that the construction of the Eastlake Parkwa}~ Pedestrian Bridge would cost
52;808,41.1.00; and
\~'HEREAS, the proposed EUC Pedestrian Bridge DIF (EUC PBDIF) Ordinance
contained herein will fund 50% of the cost of the bridge, as the other 50% will be covered
by the Otay Ranch \%illage 1 1 Pedestrian Bridge DIF established by Cip' Ordinance No.
2003-2898: and
\\TFIEREAS, the methodology used to calculate the EUC PBDIF to cover the cost
of the Eastlake Pazkway Pedestrian Bridge is explained in the "City of Chula Pisra
Pedestrian.Bridge Development Lnpact Fee Report for Eastern Urbmt Censer (EUCj, '
prepared by Developrrient Planning & Financing Group, ]nc; dated June 17; 2013; and
R'HEREAS, the City Council determined based upon the evidence presented at
the Public Hearino_; including. but not limited to; the Report and other information
received by the City Council in the course of the Public Hearing, that imposition of the
EUC PBDIF on all development within the EUC is necessary in order to protect the
public health, safety and welfare and to ensure effective implementation of the City`s
General Plan: and
\4'TIEREAS, the City Council has detemtined that the amount of the EUC PBDIF
levied by this Ordinance does not exceed the cost of providing the Eastlake Parkway
Pedestrian Bridge.
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\10~\', THEREFORE: the City Council of the City' of Chula Vista does hereby
ordain as follows:
Section 1. Environmental Review
That the proposed activiq' .vas re~.iewed for compliance ~~~th the California
Em~ironmental Qualin~ Act (CEQA) and the Citv Council has detetmined that the activity'
is not 'a "Projecr~ as defined under Section 1378 of the State CEQA Guidelines;
therefore, pursuant to Section 1 ~060(c)(3) of the State CEQA Guidelines the activih• is
not subject to CEQA. \'onvithstanding the foregoing; the City Council has further
determined that pursuant to CEQA Guidelines Sections 1 ~060(c)(2) and 1 ~061(b)(3);
there is also no possibility that the activity ma\' have a significant effect on the
environment; therefore, the activity is not subject to CEQA. Although environmental
review is not necessary at this time, environmental review will be required prior to the
approval of final design plans and the awarding of construction contracts for facilities
funded through the Pedestrian Bridge DIF.
Section 2. Acceptance of Report
The Citv Council has reviewed the proposed "Ciq~ of Chula 1~7sta Pedestrian
Bridge Developmety Impact Fee Report for Eastern Urbatt Center (EUC), "prepared by
Development Planning & Financing Group, Inc.; dated June 17, 20]3 (the "Report"), and
has accepted the Report b}' Resolution, in the form on file in the Office of the Cit`~ Clerk.
Section 3. Facilities
The facilities (Facilities) to be financed b~~ the EUC PBDIF relate to the
construction of the Eastlake Parkway Pedestrian Bridge; which are fully described in the
Repon. The City Council may modify or amend the list of projects herein considered to
be pan of the Facilities by written resolution in order to maintain compliance with'the
City's Capital Improvement Program or to reflect changes in land development. _
Section ~. Territon• to ~V.hich Fee is Applicable
The azea of the City of Chula Vista to which the EUC PBDIF applies to is defined
in the Report as the Eastern Urban Center .Area of Benefit (the "Area of Benefir ). The
Area of Benefit is comprised by two separate ownerships; as shown in E>;ltibit 2 of the
Report and described as follows:
~ SLF IV/i\1c11illin l~•Iillenia J1', LLC
The Otav Ranch \~fillenia Project is a. fully entitled \4aster Planned .
Coinmuniq~ with a certified Environmental Impact Report (EIR), approved
Sectional Planning Area (SPA) Plah and Tentative Subdivision \-tap; along
with a Development Agreement and a Construction of Parts Agreement.
Millenia is planned for 2;983 A4ulti-Family residential units and 3.4 million
square feet of commercial uses.
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> Otay Land Company. LLC
Otav Ra-tch Village 9 has a potion of the property ~~-ithin the EUC. T',1is
propert}~: estimated to be 22 acres; is located north of Hunte Pazkwav and
south of the Otay Ranch Millenia Project. This portion of the EUC is planned
for a maximum of 699 Multi-Family residential units and a 3.64-acre pazk.
Otay Ranch Village 9 has received approval of General Plan and General
Development Plan amendments which are needed for aproject-specific SP.A
Plan.
Section 5. Purpose
The purpose of this ordinance is to establish the EUC PBDIF in order to provide
the necessar;' financing to construct the Facilities N~thin the Area of Benefit.
Section 6. Establishment of Fee -
The methodology used to calculate the EUC PBDIF is explained in the Report In
summan~; the procedure taken is as follows:
9 Determining the Cost of the Pedestrian Bridge:
Based on the "Alillenia-Eastlahz Porln,~cn+ Pedestrian Overcrossing T}pe
Selection Report. "prepared by Simon \~/ong Engineering; dated Ma}• 6;
2013, and made part of the "Ciq~ of Chula Y'ista Pedestrian Bridge
Development Impact Fee Report for Easiern Urban Center (EUC)" as
Exhibit 4 of the abovementioned report; it vas estimated that the
construction of the bridge would cost 52,808;415.00.
Determining the Otay Ranch Village I I Pedestrian Bridge Funds (Village 11
PBDIF) for the Construction of the Eastlake Parkway' Pedestrian Bridge:
As of'`4av 9; 2013, the fund for the Village 11 PBDIF had allocated assets
corresponding to the construction of the Eastlake Parkway Pedestrian
Bridge of 51.097.036.00. ~;ith estimated additional funds of 532.011 AO to
be collected at the issuance of the building pemtits for the remaining units
within t%illage 11.
~ Determining the Area of Benefit and the Population: -
The Area of Benefit is composed by.the two ownerships ~~lthin the EUC:
SLF [\%/1~4c\4illin Millenia N; LLC (Millenia Project) ~~~ith 2,983 Multi-
Famih' Dwelling Units; and Otay Land Company; LLC (Portion of Otay
Ranch Village 9) with 699 Multi-Famih~ Dwellinc Units.
The population within the Area of Benefit was estimated by using the
People per Household Factor (PP.HF) of 2.61 people per ?`4ulti-Family
giving a total• of 9,610 persons to be benefited by the construction of the
bridge.
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DetetT.ninine the EUC Pedestrian Bridle DIF:
Eastlake Pedestrian Brdle Total Construction Cost ~ . 52;808;41 x.00
Villaee 11 PBDIF Funds Correspondine to the Construction {
047.00)
(51
129
of the of the Eastlake Pedestrian Brdle ;
;
Remaining Cost of the Eastlake Pedestrian Bridge to be
- S 1
679
367
00
Financed b~~ the EUC ;
,
.
Population ++~ithin Area of Benefit ~ 9.610 persons
~ EUC Ped Bridle DIF per person ~ 5174.7 pp ~
:EUC Pedestnan~Bridge DIF~per Single Fam~ly
D++elling '
,
~.Unrt*.` `~` _~:~_• r .,'~ ~ -•t._A.';y- ., r .- S61o 13YSFD-.;
ET1C Pedestrian Bridge DIF per i\Iultt Familti Dti~elling - ' ~ ` '~= "- I
r 5A56.10/~ffD ' j
~ ~ , _
aiirt
' I Single-Fami1}' Dwelling Unit = 352 persons - -
•' 1 Mulri-Family D«•eliing Unit = 2.61 persons
Section 7. Due on Issuance of Building Permit
The EUC PBDIF shall be paid in cash upon the issuance of a residential bui]dine
permit. Early payment is not permitted. \to building permit shall be issued for
residential development projects located ++~thin the EUC Area of Benefit unless the
developer has paid the EUC PBDIF imposed by this ordinance.
Section 8. Determination of Equivalent D+velling Units
Residential land uses shall be converted to Equivalent D++~elling Uniu for the
purpose of this fee based on the follo+ting table:
Land Use People per Household I Equivalent D++•elling Units
DUs
Sinsle-Famih~
i\4ulti-Family 2.61 0.74
*"Single-Family Dwelling" shall mean a residential unit +vithin a subdivision;
plannine area, or neighborhood +vith a net density of 8 units per acre or less as sho++m on
the approved tentative map for said subdivision.
**"\4ulti-Family D+velline" shall mean a residential unit within a subdivision.
planning area or neighborhood with a net densin~ of greater than 8 units per acre as
sho++m on the approved tentative map for said subdivision.
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Section 9. Time to Determine Amount Duc; Advanced Payment Prohibited
The EUC PBDIF for each development shall be calculated at the time of building
pemtit issuance and shall be the amount as indicated at that time and not when the
tentative map or final map was granted or applied for, o; +vhen the building permit plan
check was conducted; or ++•hen application ++'as made for the buildine permit.
Section 10. Purpose and Use of Fee
The purpose of the EUC PBDIF is to pay for the planning, desiert; construction;
andlor financing (including the cost of interest and other ftnancing costs as appropriate)
of the Facilities; or reimbursement to the City or; at the discretion of the City Manager or
designee; if approved in advance and in +vriting; to other third parties for advancing costs
actually incurred for planning; designing, constructing; or financine the Facilities. Any
use of the EUC PBDIF shall receive the advance consent of the City Manager and be
used in a manner consistent \+~th the purpose of the Development Impact Fee.
Section 11. Amount of Fee; Establishing Master Fee Schedule
The initial EUC PBDIF shall be calculated at the rate of 56li.li per Single-
Family Dwelline Unit (SFD); and 5456.10 per Multi-Family Dwelling Unit (il•1FD}.
Chapter l6 -Development & In-Lieu Fees of the I+•laster Fee Schedule is hereby
amended to add the "Eastem Urban Center Pedestrian Bridge Development Impact Fee,"
under the "Pedestrian Bridge DIF" Section. The additional language shall read as
fellows:
Eastem Urban Center Pedestrian Bridle Development Irtipact Fee (EUC PBDIF
Applicable: Eastem Urban Center (EUC): (1) Otay Ranch Millenia Project, and (2)
Portion of Otay Ranch Village 9 delimited•to the north by the Otay Ranch
Millenia Project and to the south by Hunte Pazkwap
Single Family; per D\+'elling Unit (DU) ........................................5615.13
ir4ulti Famil\', per Dwelling Unit (DU) .....:....................................5456.10
Section 12..4uthorih~ for Accounting and Expenditures
The proceeds collected from the imposition of the EUC PBDIF shall be deposited
into a public facility-financine fund ("Eastem Urban Center Pedestrian Bridle
Development Impact Fee Fund`-; or altemativeh• herein `'Fund"); which is hereby created
and shall be expended only for the purposes set forth in this ordinance. The Director of
Finance is. authorized to establish various accounts ++ithin the Fund for Facilities
identified in this ordinance and to periodically make expenditures from the Fund for the
purposes set forth herein in accordance +vith the Facilities Phasing Plan as specified in
CVMC 19:09.050; or Capital Improvement Plan adopted by the City Council.
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Section 13. Findings
The Cin• Council hereby makes the follo~~ing findings:
A. The establishment of the EUC PBDIF is necessar~~to protect the public health,
safety' and welfare and to ensure the effective implementation of the Cin~ s
General Plan.
B. The EUC PBDIF is necessary to ensure that funds ~~ill be available for the
construction of the Facilities concurrent with the need for these Facilities and to
ensure certainn• in the capital facilities budgeting for =ro~vth-impacted public
facilities.
C. The amount of the fee levied by this ordinance does not exceed the estimated cost
of providing the Facilities for which the fee is collected. - .
D. \lew development projects within the Area of Benefit will generate a significant
amount of pedestrian traffic that the current pedestrian facilities cannot sen'ice;
therefore construction of the Facilities ~~1I1 be needed to service new development
projects.
Section ]4. Impact Fee Additional to other Fees and Charges
The EUC PBDIF established by this Section is in addition to the requirements
imposed by other City laws; policies; or regulations relating to the construction or the
fmancing of the construction of public improvements within subdivisions or
developments.
Section ]S. i\landaton• Construction of a Portion of the Facilities; Duh• to
Tender Reimbursement Offer
\\%henever a developer is required as a condition of approval of a development
permit to construct or cause the construction of the Facilities or a ponion thereof. the
City may require the developer to install the Facilities according to design
specifications approved by the Ciz`• and in the size or capacity necessary to
accommodate estimated pedestrian traffic as indicated in the Repon and subsequent
amendments. If such a requirement is imposed; the City shall offer; at the City s
option, to reimburse the developer from the Fund either in cash or over [ime as-Fees
are collected. or give a credit against the EUC PBDIF levied by this ordinance or'
some combination thereof; in the amount of the costs incurred by the developer that
exceeds their contribution to such Facilities as required by this ordinance; for the
design and construction of the Facility not to exceed the estimated cost of that
particulaz Facility as included in the calculation and updating of the EUC PBDIF.
The Cin° may update the EUC PBDIF calculation; as City deems appropriate prior to
making-such offer. This duty to offer to eive credit or reimbursement shall be
independent of the developer's obligation to pay the EUC PBDIF.
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Section 16. Vo[untan~ Construction of a Portion of the Facilities; Dun of Cili~ to
Tender Reimbursement Offer
If a developer is ~\~illine and agrees in N,iting to desiert and contt; uct a porzion of
the Facilities in conjunction \vith the execution of a development project \\ithin the
Area of Benefit the City may; as part of a v.,itten agreement reimburse the developer
from the Fund either in cash or over time as Fees are collected; or give a credit
against the EUC PBDIF levied by this ordinance or some combination thereof; in the
amount of the costs incurred by the developer that exceeds their contribution to such
Facilities as required by this ordinance; for the design and construction of the Facility
not to exceed the estimated cost of the. particular Facility as included in the
calculation and updating of the EUC PBDIF and in an amount agreed to in advance of
their expenditure in \\~riting by.the City. The City may update the EUC PBDIF
calculation; as City deems appropriate prior to making such offer. This duty to
extend credits or offer reimbursement shall be independent- of the developer's
obligation to pay the EUC PBDIF.
Section 17. Procedure for Entitlement to Reimbursement Offer
The City's duty to extend a reimbursement offer to a developer pursuant to
Section 1 ~ of 16 above, shall be conditioned on the developer compl}'ing with the
folloving terms and conditions:
a. ~~triren authorization shall be requested by the developer from the Ciry and issued
by the City Manager by written authorization before developer may incur any
costs eligible for reimbursement relating to the construction of the Facilities;
excluding any work attributable to a specific subdivision project.
b. The request for authorization shall contain the following information:
(1) Detailed description of the \vork to be conducted by the developer \\ith
the preliminary cost estimate.
c. If the City Manager grants authorization; it shall be by \~~itten agreement \~•ith the
Developer on the following conditions and on any additional conditions as the
City Manager may impose:
(I) Developer shall prepare all plans and specification and submit same to
the City Manager for approval;
(2) Developer shall secure and dedicate any right-of-wa_y required for the
improvement work; y
(3) Developer shall secure all required permits and em~ironmental
clearances necessaz}' for construction of the improvement;
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(~) Developer shall prop=ide performance bonds in a form and with a
suret<' satisfacton to the Cin° ?`4anaoer:
(5) Developer shall pay all City fees and costs;
(6) Developer shall defend, indemnify, protect and hold harmless the Cin;
its elected and appointed offlcers, agents: employees; and volunteers
(9ndemnitees') from and against any and all claims. demands; causes of
action, costs, expenses; liabilin•, loss; damage or injury; in law or equity;
to propem or persons; including ~\TOngful death; in any manner arisins
out of or incident to any allesed acts. omissions. neolieence.. or \rillful
misconduct of Developer; its officials; officers; employees; agents; and
contractors ("Indemnitors`-); associated «~th the-improvemenu.. This
indemnity provision does not include any claims; damages; liability, costs
and expenses (including without limitations; attorneys fees) arising from
the sole neelit?ence or sole v,•illful misconduct of the Indemnitees. Also
covered under the indemnin• oblieations is liability arisine from.
connected ~',ich. caused by or claimed to be caused by the active or
passive negligent acts or omissions of the Indemnitees; which may be in
combination H•ith the active or passive negligent acts or omissions of the
Indemnitors:
(7) The Developer shall advance all necessary funds for the
improvements; including the costs for the design and construction of the
Facilities. The City will hot be responsible for any of the costs of
constructive the Facilities:
(8) The Developer shall secure at least three (3) qualified bids for work to
be done. The construction contract shall be granted to the lowest qualified
bidder. Any claims for additional payment for extra ~~•ork or charges
during construction shall be justified and shall be documented to the
satisfaction of the Director of Public R'orks:
(9) The developer shall prop°ide a detailed cost estimate; ~~•hich itemizes
those costs of the construction attributable to the improvements. Soils
Eneineering shall be limited to 7.~ percent of the projected cost; Civil
Engineering shall be limited to 7.~ percent of the hard cost, and landscape
azchitecture shall be limited to 2 percent of the landscaping cost. The
estimate is preliminary and subject to final determination b_v the Director
of Public \l'orls upon completion of the Facilities
(10) The agreement may insiruct that upon determination of satisfactory
incremental completion of the Facilities; as approved and certified by the
Public \Vorks Director, the Cit_v may pay the developer progress pa}•ments
in an amount not to exceed 7~ percent of the estimated cost of the
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con-unction completed to the ume of the progress paement but shall
provide in such case. for the retention of 2~ percent. of such costs until
issuance by the Cin' Manage; of a K'otice of Completion;
(11) The agreement may provide that any funds o\ved to the Developer as
reimbursemenu may be applied to the Developer's obligation to par the
EUC PBDIF for building perntiu to be applied for in the future;
(12) \\'hen all work has been completed to the satisfaction of the City
Manager; the Developer shall submit verification of paymenu made for
the construction of the Facilities to the Cite. The Director of Public
\\%orks shall make the final determination on expenditures which aze
eligible for reimbursement:
(li) Afrer the Public \\%orks Director has made final determination of
expenditures eligible for reimbursement; the parries may agree to offset
the Developer`s duty to pan the EUC PBDIF required by this ordinance
against the City's dun' to reimburse the developer;
(14) Afrer offset, if any funds aze due the Developer under this section, the
Cih~ Manager may at its option; reimburse the Developer from the Fund
either in cash or over time as fees are collected, or give a credit against the
EUC P$DfF levied by this ordinance or some combination thereof in the
amount of the costs incurred by the Developer that exceeds their required
contribution to such Facilities as required by this ordinance, for the design
and construction of the Facility not to exceed the estimated test of [hat
particular Facility' as included in the calculation and updating of the EUC
PBDIF and in an amount agreed to in advance of their expenditure in
writing by the City Manager,
(1~) A Developer may transfer a credit against the EUC PBDIF to another
Developer «~th the written approval of the Director of Public \\%orks: at
his/her sole discretion.
Section ]8. Procedure for Fee I19odification
Any Developer ~vho; because of the nature or t}~pe of uses proposed for z
development project, contends that application of the EUC PBDIF imposed by this
ordinance is unconstitutional or unrelated to mitigation of the burdens of the
development, may apply to the Cin' Council fora \vaiver or modification of the EUC
PBDIF or the manner in which it is calculated. The application shall be made in ~~~riting
and filed with the Citv Clerk no later than ten (10) days afrer notice is given of the public
hearing on the development permit application for the project; or if no development
permit is required; at the time of the filing of the building permit application. The
application shall state in detail the factual basis for the claim of waiver or modification,
and shall provide engineering and accounting repot sho\\~ng the overall impact on the
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EUC PBDIF and the abiliq' of the City to complete construction of the Facilities by
makine the modification requested by the applicant. The City Council shall make
reasonable effons to consider the application ++~thin sixh• (60) days afrer its filins. The
decision of the Cih Council shall be final. The procedure provided b_+• this section is
additional to art}' other procedure authorized b_v la+v for protection or challenging the
EUC PBDIF imposed by this ordinance.
Section 19. Fee Applicable to Public Agencies
Development projects by public asencies, including schools. shall be exempt from
provisions of the EUC PBDIF.
Section 20. Assessment District
If anv assessment; communit}~ facilities district or special twine district is
established to design, construct and pay for any or all of the Facilities ("\Vork
.4ltemati+•eh Financed"); the o++ner or Developer of a project may apply to the Cin•
Council for reimbursement from the Fund or a credit in an amount equal to that portion of
the cost included in the calculation of the EUC PBDIF attributable to the \\/ork
Altemativel+• Financed. In this re2azd. the amount of the reimbursement shall be based
on the cosu included in the Report as amended from time to time; and therefore, +vill not
include an}• portion of the financing costs associated +vith the formation of the assessment
or other special taxing district.
Section 21. Expiration of this Ordinance
' This ordinance shall be of no further force and effect +vhen the Cirv Council
determines that the amount of EliC PBDIF which has been coilected reaches an amount
equal to the cost of the Facilities.
Section 2Z. Time Limit for Judicial Action
Any judicial action or proceedine to attack, review, set aside; void or annul this
ordinance; or its application; shall be brousht ++•ithin the time periods as established b_v
Government Code Section's 66020(d)(1) and 66022 as applicable.
Section 23. Other Not Previously Defined Terms
For the purpose of this ordinance, the follon•ine ++•ords or phrases shall be
construed as defined in this Section; unless from the context it appeazs that a different
meanine is intended.
(a) "Building Permit" means a permit required by and issued pursuant to the Uniform
Building Code as adopted by reference by the City.
(b) "Developer" or "O++ner` means the o++mer of Propem, which is the subject of this
Agreement anyone authorized to act on behalf of the o++ner of the Propem•; and
an}• and all of o+vners successors in interest, whether individual pannership;
corporation; or other entity such as a Home O+vtters' Association, regazdless of
the manner of transfer; including purchase; devise; or gifr.
(c) "Development Project` or "Development` means anv activity described in
Section 66000 of the State Government Code.
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Section 2~. Severabilin~
If am• portion of this ordinance, or its application to any person or circumstance;
is for am• reason held to be imralid; unenforceable or unconstitutional, by a court of
competent jurisdiction, that portion shall be deemed severable; and such invalidity,
w-tenforceabilin• or unconstitutionality shall not affect the validity or enforceability of the
remaining po:[ions of the ordinance; or its application to any other person or
circumstance. The City Council of the City of Chula Vista hereby declazes that it would
have adopted each section, sentence, clause or phrase of this ordinance, irrespective of
the fact that any one or more other sections, sentences, clauses or phrases of the
ordinance be declared invalid. unenforceable or unconstitutional.
Section 25. Construction
The Cip' Council of the City of Chula Vista intends this ordinance to supplement
not to duplicate or contradict; applicable state and federal law and this ordinance shall be
construed in light of that intent.
Section 26. Effective Date
This Ordinance shall take effect and be in force on the thirtieth day' after its final
passage.
Section 27. Publication
The City Clerk shall certify to the passage and adoption of this Ordinance and
shall cause the same to be published or posted according to law.
Presented b}•
Approved as to.Fortn by
ity Attorney
Kelly G. Broughton
Development Sen•ices Director
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