HomeMy WebLinkAboutOrdinances 2056 ORDINANCE NO.
AN ORDINANCE AMENDING IN PART AND REPEALING IN PART CENTRAL POINT
MUNICIPAL CODE CHAPTER 8.05 REGARDING STORM DRAIN PROTECTION
RECITALS:
A. Pursuant to CPMC, Chapter 1.01.040, the City Council, may from time to time
make revisions to its municipal code which shall become part of the overall
document and citation.
B. Upon review,the staff and city attorney for the City of Central Point determined
that amendment to Chapter 8.05 Storm Drain Protection is required to comply
with legal requirements in managing the City's MS4 Municipal Separate Storm
Sewer System.
C. In particular,the amended provisions set forth the obligations and prohibitions
in managing the City's stormwater system, exemptions from prohibitions, the
City's right to inspect and enforce such systems, and the City's ability to abate
violations of the code.
D. Words are to be deleted and words in bold are added.
THE PEOPLE OF THE CITY OF CENTRAL POINT DO ORDAIN AS FOLLOWS:
SECTION 1. Chapter 8.05 is amended in part and repealed in part as set forth below and
incorporated herein by reference.
Chapter 8.05
STORM DRAIN PROTECTION
Sections:
8.05.005 Purpose
8.05.010 Definitions.
8.05.015 Applicability
8.05.020 /Discharge prohibitions.
8.05.025 Compatibility with other regulations.
8.05.030 Desianation of public works director or his/her designee.
8.05.035 Ultimate responsibility.
. <repealed>
8.05.045. Watercourse protection.
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<repealed>
8.05.055 Right of entry; inspection and sampling.
8.05.060 Requirement to prevent, control, and reduce storm water pollutants by the use of
best management practices.
8.05.065 Low impact development.
8.05.070 Violations, enforcement, and penalties.
8.05.075 Appeal of notice of violation.
8.05.085 Civil penalties.
8.05.090 Enforcement measures after abatement.
8.05.095 Cost of abatement of the violation.
8.05.100 Violations deemed a public nuisance.
8.05.105 Remedies not exclusive.
8.05.110 Severability.
8.05.005. PURPOSE.
The purpose of this chapter is to provide for the health, safety, and general welfare
of the citizens of Central Point through the regulation of non-storm water
discharges to the storm drainage system to the maximum extent practicable as
required by federal and state law. This chapter establishes methods for controlling
the introduction of pollutants into the municipal separate storm sewer system (MS4)
in order to comply with requirements of the National Pollutant Discharge
Elimination System (NPDES) permit process. The objectives of this chapter are:
1. To regulate the contribution of pollutants to the MS4 by storm water
discharges by any user.
2. To prohibit illicit connections and discharges to the MS4.
3. To establish legal authority to carry out all inspections, surveillance,
monitoring, and enforcement procedures necessary to ensure compliance
with this chapter.
8.05.010. DEFINITIONS.
For the purposes of this chapter, the following shall mean:
A. "Best Management Practices (BMPs)" means schedules of activities, prohibitions
of practices, general good housekeeping practices, pollution prevention and
educational practices, maintenance procedures, and other management practices
to prevent or reduce the discharge of pollutants directly or indirectly to storm
water, receiving waters, or storm water conveyance systems. BMPs also include
treatment practices, operating procedures, and practices to control site runoff,
spillage or leaks, sludge or water disposal, or drainage from raw materials storage.
B. "City" means City of Central Point.
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C. "Construction Activities" means activities subject to NPDES Construction Permits.
These include construction projects resulting in land disturbance of one acre or
more. Such activities include but are not limited to clearing and grubbing, grading,
excavating, and demolition.
D. "Hazardous Materials" means any material, including any substance, waste, or
combination thereof, which because of its quantity, concentration, or physical,
chemical, or infectious characteristics may cause, or significantly contribute to, a
substantial present or potential hazard to human health, safety, property, or the
environment when improperly treated, stored, transported, disposed of, or
otherwise managed.
E. "Illegal Discharge" means any direct or indirect non-storm water discharge to the
storm drain system, except as exempted in Section 8.05.020(B) of this chapter.
F. "Illicit Connections" are defined as either of the following:
1. Any drain or conveyance, whether on the surface or subsurface that allows an
illegal discharge to enter the storm drain system including but not limited to
any conveyances that allow any non-storm water discharge including sewage,
process wastewater, and wash water to enter the storm drain system and any
connections to the storm drain system from indoor drains and sinks,
regardless of whether said drain or connection had been previously allowed,
permitted, or approved by an authorized enforcement agency or,
2. Any drain or conveyance connected from a commercial or industrial land use
to the storm drain system that has not been documented in plans, maps, or
equivalent records and approved by an authorized enforcement agency.
G. "Municipal Separate Storm Sewer System (MS4)" means the system of conveyances
(including sidewalks, roads with drainage systems, municipal streets, catch basins,
curbs, gutters, ditches, man-made channels, or storm drains) owned and operated by
the City and designed or used for collecting or conveying storm water, and that is
not used for collecting or conveying sewage.
H. "Non-Storm Water Discharge" means any discharge to the storm drain system that
is not composed entirely of storm water.
I. "Person" means any individual, association, organization, partnership, firm,
corporation or other entity recognized by law and acting as either the owner or as the
owner's agent.
J. "Pollutant" means anything which causes or contributes to pollution. Pollutants may
include, but are not limited to: paints, varnishes, and solvents; oil and other
automotive fluids; non-hazardous liquid and solid wastes and yard wastes; refuse,
rubbish, garbage, litter, or other discarded or abandoned objects, ordinances, and
accumulations, so that same may cause or contribute to pollution; floatables;
pesticides, herbicides, and fertilizers; hazardous substances and wastes; sewage,
fecal coliform and pathogens; dissolved and particulate metals; animal wastes;
wastes and residues that result from constructing a building or structure; and noxious
or offensive matter of any kind.
K. "Premises" means any building, lot, parcel of land, or portion of land whether
improved or unimproved including adjacent sidewalks and parking strips.
L. "Storm Drainage System" means publicly-owned facilities by which storm water is
collected and/or conveyed, including but not limited to any roads with drainage
systems, municipal streets, gutters, curbs, inlets, piped storm drains, pumping
3 I Ordinance No. ; February 28, 2019
facilities, retention and detention basins, natural and human-made or altered
drainage channels, reservoirs, and other drainage structures.
M. "Stormwater" means any surface flow, runoff, and drainage consisting entirely of
water from any form of natural precipitation and resulting from such precipitation.
8.05.015. APPLICABILITY.
This chapter shall apply to all water entering the storm drain system generated on
any developed and undeveloped lands unless explicitly exempted by the City.
8.05.020 _• • 5 e • - _ e, - DISCHARGE PROHIBITIONS.
system.
.. e. •- •
Bear Creek watershed. (Ord. 1847 §1(part), 2001).
A. Prohibition of Illegal Discharges.
No person shall throw, drain, or otherwise discharge, cause, or allow others under its
control to throw, drain, or otherwise discharge into the MS4 any pollutants or
waters containing any pollutants, other than storm water. Pollutants include, but are
not limited to:
1. Septic, sewage, and dumping or disposal of liquids or materials other than
stormwater into the MS4;
2. Discharges of washwater resulting from the hosing or cleaning of gas stations,
auto repair garages, or other types of automotive services facilities;
3. Discharges resulting from the cleaning, repair, or maintenance of any type of
equipment, machinery, or facility, including motor vehicles, cement-related
equipment, and port-a-potty servicing, etc.;
4. Discharges of washwater from mobile operations, such as mobile automobile
or truck washing, steam cleaning, power washing, and carpet cleaning, etc.;
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5. Discharges of washwater from the cleaning or hosing of impervious surfaces
in municipal, industrial, commercial, or residential areas (including parking
lots, streets, sidewalks, driveways, patios, plazas, work yards and outdoor
eating or drinking areas, etc.) where detergents are used and spills or leaks of
toxic or hazardous materials have occurred (unless all spilled material has
been removed);
6. Discharges of runoff from material storage areas, which contain chemicals,
fuels, grease, oil, or other hazardous materials from material storage areas;
7. Discharges of pool or fountain water containing chlorine, biocides, or other
chemicals.
8. Discharges of sediment, unhardened concrete, pet waste, vegetation clippings,
or other landscape or construction-related wastes;
9. Discharges of trash, paints, stains, resins, or other household hazardous
wastes.
10. Discharges of food-related wastes (grease, restaurant kitchen material and
trash bin washwater, etc.).
B. Exemptions from Prohibitions.
The commencement, conduct or continuance of any illegal discharge to the storm drain
system is prohibited except as described as follows:
1. The following discharges are exempt from discharge prohibitions
established by this chapter: water line flushing, landscape irrigation, diverted
stream flows, rising ground waters, uncontaminated ground water infiltration,
uncontaminated pumped ground water, discharges from potable water
sources, foundation drains, air conditioning condensation, irrigation water,
springs, water from crawl space pumps, footing drains, lawn watering,
individual residential car washing, flows from riparian habitats and wetlands,
dechlorinated swimming pool discharges, and street wash water.
2. Discharges or flow from firefighting, and other discharges specified in
writing by the City as being necessary to protect public health and safety.
3. Discharges associated with dye testing, however this activity requires a verbal
notification to the City prior to the time of the test.
4. Any non-storm water discharge permitted under an NPDES permit, waiver,
or waste discharge order issued to the discharger and administered under
the authority of the United States Environmental Protection Agency (EPA),
provided that the discharger is in full compliance with all requirements of
the permit, waiver, or order and other applicable laws and regulations, and
provided that written approval has been granted for any discharge to the storm
drain system.
8.05.025. COMPATIBILITY WITH OTHER REGULATIONS.
This chapter is not intended to modify or repeal any other ordinance, rule, regulation, or
other provision of law. The requirements of this chapter are in addition to the
requirements of any other ordinance, rule, regulation, or other provision of law, and
where any provision of this chapter imposes restrictions different from those imposed
by any other ordinance, rule, regulation, or other provision of law, whichever provision is
more restrictive or imposes higher protective standards for human health or the
environment shall control.
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8.05.030. DESIGNATION OF PUBLIC WORKS DIRECTOR OR HIS/HER DESIGNEE.
The Public Works Director, or his/her designee, is appointed to administer and implement this
chapter and the requirements/restrictions thereof. Any powers granted or duties imposed
upon the Public Works Director may be delegated in writing by the Director to persons or
entities acting in the beneficial interest of or in the employ of the agency.
8.05.035. ULTIMATE RESPONSIBILITY.
The standards set forth herein and promulgated pursuant to this chapter are minimum
standards; therefore this chapter does not intend or imply that compliance by any
person will ensure that there will be no contamination, pollution, or unauthorized
discharge of pollutants.
8.05.045. WATERCOURSE PROTECTION.
Every person owning property through which a watercourse passes, or such person's
lessee or agent, shall keep and maintain that part of the watercourse within the property
free of trash, debris, excessive vegetation, and other obstacles that would pollute,
contaminate, or significantly retard the flow of water through the watercourse. In
addition, the owner, lessee or agent shall maintain existing privately-owned structures
within or adjacent to a watercourse, so that such structures will not become a hazard to
the use, function, or physical integrity of the watercourse.
8,0&0641)-Penalty
- _ - - •- - •• _ - - -e - •- t be pon+sha= , -:*• -. - , - :or the general penalty
ordinance.
8.05.055 RIGHT OF ENTRY; INSPECTION AND SAMPLING.
Provided the City gives 24-hours advance notice, the City shall be permitted to enter
and inspect premises subject to regulation under this chapter as often as may be
necessary when entrance is deemed by the City to be necessary to determine
compliance with this chapter. However, in cases of emergency or ongoing discharge,
the City shall be given immediate access.
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1. Facility operators shall allow the City ready access to all parts of the
premises for the purposes of inspection, sampling, examination and copying
of records that must be kept under the conditions of an NPDES permit to
discharge storm water, and the performance of any additional duties as defined
by state and federal law.
2. The City shall have the right to set up on any permitted facility such
devices as are necessary in the opinion of the Public Works Director to
conduct monitoring and/or sampling of the facility's storm water discharge.
3. The City has the right to require the discharger to install monitoring
equipment as necessary. The facility's sampling and monitoring equipment
shall be maintained at all times in a safe and proper operating condition by the
discharger at its own expense. All devices used to measure storm water
flow and quality shall be calibrated to ensure their accuracy.
4. Unreasonable delays in allowing the City access to a permitted facility is a
violation of a storm water discharge permit and of this chapter. A person who
is the operator of a facility with an NPDES permit to discharge storm water
associated with industrial activity commits an offense if the person denies
the City reasonable access to the permitted facility for the purpose of
conducting any activity authorized or required by this chapter.
5. The City may seek issuance of an administrative search warrant from any court
of competent jurisdiction if it has been refused access to any part of the
premises from which stormwater is discharged, and 1) is able to demonstrate
probable cause to believe that there may be a violation of this chapter, or 2) that
there is a need to inspect and/or sample as part of a routine inspection and
such sampling program is designed to verify compliance with this chapter or
any order issued hereunder, or 3) to protect the overall public health, safety,
and welfare of the community.
8.05.060. REQUIREMENT TO PREVENT, CONTROL, AND REDUCE STORM WATER
POLLUTANTS BY THE USE OF BEST MANAGEMENT PRACTICES.
The City will adopt requirements identifying Best Management Practices for any
activity, operation, or facility which may cause or contribute to pollution or
contamination of storm water, the storm drain system, or waters of the United States.
The owner or operator of such activity, operation, or facility shall provide, at their own
expense, reasonable protection from accidental discharge of prohibited materials or
other wastes into the municipal storm drain system or watercourses through the use of
these structural and non-structural BMPs. Further, any person responsible for a
property or premise that is, or may be, the source of an illicit discharge, may be
required to implement, at said person's expense, additional structural and non-
structural BMPs to prevent the further discharge of pollutants to the MS4. Compliance
with all terms and conditions of a valid NPDES permit authorizing the discharge of storm
water associated with industrial activity, to the extent practicable, shall be deemed
compliance with the provisions of this section. These BMPs shall be part of a storm
water management plan (SWMP) as necessary for compliance with requirements of the
NPDES permit.
8.05.065. LOW IMPACT DEVELOPMENT
A. Low-impact development(LID) is a term used to describe a land planning and
engineering design approach to manage stormwater runoff as part of green
infrastructure. LID emphasizes conservation and use of on-site natural features to
7 I Ordinance No. ; February 28, 2019
protect water quality.
B. Post-Construction Stormwater Development/Management Guidelines — Refer to most
current version of the "Rogue Valley Stormwater Quality Design Manual".
C. Maintenance Agreement - Stormwater treatment practices shall have an enforceable
operation and maintenance agreement to ensure the system functions as designed.
This agreement will include:
1. Access to Stormwater treatment facilities at the site by the City for the purpose of
inspection and repair.
2. A legally binding document specifying the parties responsible for the proper
maintenance of the Stormwater treatment facilities. The agreement will be
recorded and run with the land.
3. For stormwater controls that include vegetation and/or soil permeability the
operation and maintenance manual must include maintenance of these elements
to maintain the functionality of the feature.
4. The person responsible for the operation and maintenance of the stormwater
facility shall have the operation and maintenance manual on site and available at
all times. Records of the maintenance and repairs shall be retained and available
for the last 5 years and available for inspection by the City.
D. Violation of this section shall be subject to the provisions of 8.05.070.
8.05.070 VIOLATIONS, ENFORCEMENT, AND PENALTIES.
A. Violations.
1. It shall be unlawful for any person to violate any provision or fail to comply
with any of the requirements of this chapter. Any person who has violated or
continues to violate the provisions of this chapter, may be subject to the
enforcement actions outlined in this section or may be restrained by injunction
or otherwise abated in a manner provided by law.
2. In the event the violation constitutes an immediate danger to public health or
public safety, the City is authorized to enter upon the subject private
property, without giving prior notice, to take any and all measures necessary to
abate the violation and/or restore the property. The City is authorized to seek
costs of the abatement as outlined in Section 8.05.095.
B. Warning Notice.
When the City finds that any person has violated, or continues to violate, any provision
of this chapter, or any order issued hereunder, the City may serve upon that person a
written Warning Notice, specifying the particular violation believed to have occurred
and requesting the offender to immediately investigate the matter and to seek a
resolution to correct the violation. Investigation and/or resolution of the matter in
response to the Warning Notice in no way relieves the alleged violator of liability for
any violations occurring before or after receipt of the Warning Notice. Nothing in this
subsection shall limit the authority of the City to take any action, including emergency
action or any other enforcement action, without first issuing a Warning Notice. In
addition to serving the alleged violator, such warning shall be mailed to the last known
address of the owner as shown on the County assessor's records.
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C. Notice of Violation.
Whenever the City finds that a person has violated a prohibition or failed to meet a
requirement of this chapter, the City may order compliance by written notice of violation
to the responsible person. In the event the responsible person is someone other than the
owner of the property, such notice shall also be mailed to the last known address of the
owner as shown on the County assessor records.
The Notice of Violation shall contain:
1. The name and address of the alleged violator;
2. The address when available or a description of the building, structure or land
upon which the violation is occurring, or has occurred;
3. A statement specifying the nature of the violation;
4. A description of the remedial measures necessary to restore compliance with
this chapter and a time schedule for the completion of such remedial action;
5. A statement of the penalty or penalties that shall or may be assessed against
the person to whom the notice of violation is directed;
6. A statement that the determination of violation may be appealed to the
City Manager by filing a written notice of appeal within [ ] days of service of
notice of violation; and
7. A statement specifying that, should the violator fail to restore compliance
within the established time schedule, the work will be done by a designated
governmental agency or a contractor and the expense thereof shall be charged
to the violator and assessed as a lien against the property.
Such notice may require without limitation:
1. The performance of monitoring, analyses, and reporting;
2. The elimination of illicit connections or discharges;
3. That violating discharges, practices, or operations shall cease and desist;
4. The abatement or remediation of storm water pollution or contamination
hazards and the restoration of any affected property; and
5. The implementation of source control or treatment BMPs.
D. Stop Work Order
When the City finds that construction activity has resulted in violations of any provision of
this chapter or any order issued hereunder, or that the person's past violations are likely to
recur, the City may issue a stop work to such person, directing such person committing
the alleged violations to stop work immediately and directing that no further work be
performed until compliance with this chapter is demonstrated.
E. Emergency Cease and Desist Orders
When the City finds that any person has violated, or continues to violate, any provision
of this chapter, or any order issued hereunder, or that the person's past violations are
likely to recur, and that the person's violation(s) has (have) caused or contributed to an
actual or threatened discharge to the MS4 or waters of the State which reasonably
appears to present an imminent or substantial endangerment to the health or welfare of
persons or to the environment, the City may issue an order to the violator directing it
immediately to cease and desist all such violations
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F. Suspension Due to Illicit Discharges in Emergency Situations
The City may, without prior notice, suspend MS4 discharge access to a person when such
suspension is necessary to stop an actual or threatened discharge that presents or may
present imminent and substantial danger to the environment, or to the health or welfare of
persons, or to the MS4 or Waters of the State. If the violator fails to comply with a
suspension order issued in an emergency, the City may take such steps as it deems
necessary to prevent or minimize damage to the MS4 or Waters of the State.
G. Suspension Due to the Detection of Illicit Discharge
Any person discharging to the MS4 in violation of this chapter may have its MS4 access
suspended if such suspension would abate or reduce an illicit discharge. The City will
notify the violator of the proposed suspension of its MS4 access. The person may petition
the City for reconsideration and hearing as provided in section 8.05.075. A person commits
an offense if the violator reinstates MS4 access to premises suspended pursuant to this
chapter, without the prior approval of the City. A person commits an offense if the person
reinstates MS4 access to premises terminated pursuant to this Section, without the prior
approval of the Public Works Director.
8.05.075. APPEAL OF NOTICE OF VIOLATION.
Any person receiving a Notice of Violation or suspension of permit may appeal to the
city manager for relief with 10 days after service of notice. The petition shall include the
facts upon which the petitioner relies for relief from the obligations of this chapter in
relation to the property. If the city manager finds that it would work a real and unnecessary
hardship upon the petitioner to comply with the terms of this chapter, then the city
manager may relieve the petitioner of the obligations of the chapter in relation to the
particular property, but nothing therein shall be construed as obligating the city to remove
or abate the nuisance without charging the cost as a lien against the said property.
8.05.085. CIVIL PENALTIES.
For each violation of this chapter a civil penalty may be assessed in the amount of up to
$500 per stormwater feature, not to exceed $1,000 per day. Each day a violation exists
shall be considered a separate violation. The City shall consider the following criteria in
determining the amount of any civil penalty to be assessed under this Section.
1. Amount of pollutant discharged.
2. The type of pollutant discharged.
3. Whether the discharge was intentional or accidental.
4. The magnitude and seriousness of the impact of the discharge.
8.05.090. ENFORCEMENT MEASURES AFTER APPEAL.
If the violation has not been corrected pursuant to the requirements set forth in the
Notice of Violation, or, in the event of an appeal, within 10 days of the decision of
the City Manager upholding the decision of the Public Works Director, then
representatives of the Public Works Director shall enter upon the subject private
property and are authorized to take any and all measures necessary to abate the
violation and/or restore the property. It shall be unlawful for any person, owner,
agent or person in possession of any premises to refuse to allow the government
10 I Ordinance No. ; February 28, 2019
agency or designated contractor to enter upon the premises for the purposes set forth
above.
8.05.095. COST OF ABATEMENT OF THE VIOLATION.
A. Within 15-calendar days after abatement of the violation, the owner of the property will
be notified of the cost of abatement, including administrative costs. The notice will
provide that the costs of abatement, including administrative costs, is a special
assessment against the property and will become a lien against the property unless paid
within 60-days of the date of such notice. The property owner may file a written protest
objecting to the amount of the assessment within 30-days from the date of notice.
Objections to the proposed assessment shall be heard and determined by the council in its
regular course of business.
B. An assessment for the cost of abatement as determined by the council shall be made by
resolution of the council and shall thereupon be entered in the docket of city liens and,
upon such entry being made, it shall constitute a lien upon the property from which the
illicit discharge was abated.
C. The lien shall be enforced in the same manner as liens for street improvements are
enforced and shall bear interest at the rate of six percent per year. Such interest shall
commence to run thirty days after the entry of the lien in the lien docket.
D. An error in the name of the owner or agent in charge of the property shall not void the
assessment nor will a failure to receive the notice of the assessment render the
assessment void, but it shall remain a valid lien against the property.
8.05.100. VIOLATIONS DEEMED A PUBLIC NUISANCE.
In addition to the enforcement processes and penalties provided, any condition caused or
permitted to exist in violation of any of the provisions of this chapter is a threat to
public health, safety, and welfare, and is declared and deemed a nuisance, and may
be summarily abated or restored at the violator's expense, and/or a civil action to
abate, enjoin, or otherwise compel the cessation of such nuisance may be taken.
8.05.105. REMEDIES NOT EXCLUSIVE.
The remedies listed in this chapter are not exclusive of any other remedies available under
any applicable federal, state or local law and it is within the discretion of the City to
seek cumulative remedies.
The City may recover all attorney's fees court costs and other expenses associated
with enforcement of this chapter, including sampling and monitoring expenses.
8.05.110 SEVERABILITY.
The provisions of this chapter are hereby declared to be severable. If any provision,
clause, sentence, or paragraph of this chapter or the application thereof to any person,
establishment, or circumstances shall be held invalid, such invalidity shall not affect
the other provisions or application of this chapter.
SECTION 2. Codification. Provisions of this Ordinance shall be incorporated in the City
Code and the word "ordinance" may be changed to "code", "article", "section", "chapter"
or another word, and the sections of this Ordinance may be renumbered, or re-lettered,
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provided however that any Whereas clauses and boilerplate provisions (i.e. Recitals A-C)
need not be codified and the City Recorder is authorized to correct any cross-references and
any typographical errors.
SECTION 3. Effective Date. The Central Point City Charter states that an ordinance enacted by
the Council shall take effect on the thirtieth day after its enactment. The effective date of this
ordinance will be the thirtieth day after the second reading.
PASSED by the Council and signed by me in authentication of its passage this /Ay of
m.a r k 2019.
Mayor Hank Williams
ATTEST:
City Recorder
12 I Ordinance No. ; February 28, 2019