HomeMy WebLinkAbout1976-1984 STATE ENVIRONMENTAL POLICY ACT OF 1971; LOCAL ENVIRONMENTAL POLICY. “SEPA GUIDELINES”. ORDINANCE NO.
AN ORDINANCE relating to public, safety and morals; integrating
policies and procedures of the State Environmental
Policy Act of 1971; adopting a local environmental
policy and enacting requirements and prescribing
procedures for implementing and enforcing that policy;
adopting by reference certain sections and subsections
of Chapter 197-10 of the Washington Administrative
Code (the "SEPA Guidelines" adopted by the State of
Washington, Council on Environmental Policy); and
enacting Chapter 6.88, "Environmental Policy", as
a new chapter of the City of Yakima Municipal Code;
and declaring an emergency.
WHEREAS, Subsection 43.21C.120(3) of the Revised Code of
Washington requires that cities of this state adopt rules, ordinances
or resolutions pertaining to the integration of the policies and
procedures of the State Environmental Policy Act of 1971 into the
various programs under their jurisdiction, and
WHEREAS, this ordinance sets forth a summary of the sections
of the Washington Administrative Code referred to and is accompanied
41/ by the full text of the material in the "SEPA Guidelines" adopted
herein by reference in accordance with Washington Laws, 1975-76
2nd Extraordinary Session, Chapter 99, which "SEPA Guidelines" have
been and will be maintained on file for public use and examination
by the filing of at least three copies thereof with the Yakima City
Clerk, now,, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. A summary of provisions of Chapter 6.88 of the
City of Yakima Municipal Code, enacted by this ordinance as a new
chapter of the City of Yakima Municipal Code, and a summary of the
guidelines thereby adopted by reference, is stated as follows:
This ordinance is divided into two parts. The first part
contains a list of the required mandatory portions of the Guidelines
(WAC 197-10) by the Council on Environmental Policy (CEP). This
part includes sections on: Selection and responsibilities of a
lead agency, governmental actions exempt from SEPA procedures,
determinations of significant or non-significant impacts, impact
statement contents, public hearings, consultation with agencies
with jurisdiction or special expertise, use of federal impact state-
ments in the SEPA process and public notification through the SEPA
public information centers.
The second part of the ordinance includes the portions of
the Guidelines by the Council on Environmental Policy which are used
to the degree desired by the City by inclusion in this ordinance.
These optional portions include discussion of time limits in the
SEPA process, transferring of lead agency status, designation of
the responsible official, and sections on collection of fees from
private applicants for impact determination and impact statement
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preparation.
Section 2. Chapter 6.88, "Environmental Policy", is hereby
enacted as a new chapter of the City of Yakima Municipal Code, which
new chapter, and various sections thereof, shall read as follows:
"Chapter 6.88
ENVIRONMENTAL POLICY
6.88.010 Policies. The City hereby adopted by reference
the policies of the State Environmental Policy Act as expressed
in RCW 43.21C.010 and RCW 43.21C.020.
6.88.020 Applicability. Every action, as defined in
the 'SEPA Guidelines' which are adopted herein by reference,
within the incorporated territory of the City of Yakima,
Washington, for which the City is an agency with jurisdiction
shall proceed in compliance with this chapter.
6.88.030 Guidelines adopted by reference. The City
hereby adopts by reference the following sections or subsec-
tions of Chapter 197-10 of the Washington Administrative Code
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(the 'SEPA Guidelines' adopted by the State of Washington,
Council on Environmental Policy):
•
WAC 197-10-040: Definitions..
-055: Timing of the EIS Process.
- 060: Scope of a Proposal and its Impacts.
quir -100: .Summary of Information Which May be
Required of a Private Applicant.
- 160:' No Presumption of Significance for Non-
Exempt Actions.
- 170: Categorical Exemptions.
- 180: Exemptions for Emergency Actions.
-190: Use and Effect of Categorical Exemptions.
- 200: Lead Agency--Responsibilities.
- 203: Determination of Lead Agency--Procedures.
-205: Lead Agency Designation--Governmental
proposals.
-210: Lead Agency Designation--Proposals
Involving Both Private and Public
Construction.
- 215: Lead Agency Designation--Private Pro-
jects for Which There is Only One
Agency.
- 220: Lead Agency Designation--Private
Projects, Licenses From More than One
• Agency When One is City/County.
- 230: Lead Agency Designation--Specific Proposals.
-240: Agreements as to Lead Agency Status.
111 -245: Agreements Between Agencies as to Division
of Lead Agency Duties.
- 260: Dispute as to Lead Agency Determination
--Resolution by CEP.
- 270: Assumption of Lead Agency Status by
Another Agency with Jurisdiction.
-300: Threshold Determination Requirement.
- 305: Recommended Timing for Threshold Deter-
mination.
-310: Threshold Determination Procedures--
Environmental Checklist.
- 320: Threshold Determination Procedures
--Initial Review of Environmental Check-
list.
-330: Threshold Determination Procedures
--Information in Addition to Checklist.
- 340: Threshold Determination Procedures
. --Negative Declarations.
- 345: Assumption of Lead Agency Status by
Another Agency with Jurisdiction--
Prerequisites, Effect and Form of
• Notice.
• -350: Affirmative Threshold Determinations.
- 355: Form of Declaration of Significance/
non-Significance.
- 360: Threshold Determination Criteria--
Application of Environmental Checklist.
- 365: Environmental Checklist.
- 370: Withdrawal of Affirmative Threshold
•Determination.
• -375: Withdrawal of Negative Threshold Deter-
mination.
- 380: Intra-Agency Appeals of Threshold
Determinations.
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- 390: Effect of Threshold Determination
by Lead Agency.
- 400: Duty to Begin Preparation of a Draft
EIS.
- 405: Purpose and Function of a Draft EIS.
- 410: Pre-Draft Consultation Procedures.
-420: Preparation of EIS by Persons Outside
the Lead Agency.
- 425: Organization and Style of a Draft EIS.
- 440: ' Contents of a Draft EIS.
- 442: Special Considerations Regarding Con-
tents of an EIS.
- 444: List of Elements of the Environment.
- 446: Draft EIS--Optional Additional Elements
--Limitation.
- 450: Public Awareness of Availability of
Draft EIS.
-455: Circulation of the Draft EIS--Review
period.
-460: Specific Agencies to Which Draft EIS
Shall Be Sent.
-465: Agencies Possession Environmental
Expertise.
- 470: Cost to the Public for Reproduction
of Environmental Documents.
-480: Public Hearing on a Proposal--When
Required.
- 485: Notice of Public Hearing on Environmental
Impact of the Proposal.
-490: Public Hearing on the Proposal--Use of
Environmental Document.
- 495: Preparation of Amended or'New Draft
EIS.
-500: Responsibilities of Consulted Agencies--
Local Agencies.
- 510: Responsibilities of Consulted Agencies--
State Agencies with Jurisdiction.
-520: Responsibilities of Consulted Agencies--
State Agencies with Environmental
Expertise.
-530: Responsibilities of Consulted Agencies--
When Pre-Draft Consultation has Occurred.
-535: Cost of Performance of Consulted Agency
Responsibilities.
- 540: Limitations on Responses to Consultation.
- 545: Effect of No Written Comment.
- 550: Preparation of the Final EIS--Time
Period Allowed.
-570: Preparation of Final EIS--When No
Critical Comments Received on the
draft EIS.
- 580: Preparation of the Final EIS--Contents
--When Critical Comments Received on
Draft EIS.
- 600: Circulation of the Final EIS.
-650: Effect of an Adequate Final EIS Prepared
Pursuant to NEPA.
- 652: Supplementation by a Lead Agency of
an Inadequate Final NEPA EIS.
-660: Use of Previously Prepared EIS for a
Different Proposed Action.
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- 690: Use of a Lead Agency's EIS by Other
Acting Agencies for the Same Proposal.
-695: Draft and Final Supplements to a
Revised EIS:
-700: No for Seven Days After Public-
.
cation of the Final EIS.
- 710: EIS Combined with Existing Planning
III • and Review Processes.
- 810:, Responsibility of Agencies--Amendments
. to this Chapter.
- 820: Responsibility of Agencies--Designation
of Responsible Official.
-830: Responsibilities of Agencies--SEPA
Public Information Center.
- 840: Applications of Agency Guidelines to
Ongoing Actions.
6.88.040 Additional definitions. In addition to those
definitions contained within WAC 197-10-040, the following
terms shall have the following meanings, unless the context
indicates otherwise:
1. 'City' means the City of Yakima, Washington.
•
2. 'Department' means any division, subdivision or
organizational unit of the government of the City .
established by ordinance.
3. 'SEPA Guidelines' means Chapter 197-10 WAC adopted
by the Council on Environmental Policy.
6.88.050 Time limits applicable the SEPA process.
The following time limits (expressed in calendar days) shall
apply to the processing of all private projects and to those
governmental proposals submitted to the City by other agencies:
1. .Categorical exemptions. Identification of cate-
gorically exempt actions shall occur within seven
(7) days of submission of an adequate application;
2. Threshold determinations. •
a. Threshold determinations which can be made
based upon review of the environmental check-I
• list submitted by applicant should be com-
pleted within fifteen 415) of submission
of an adequate application and the completed
checklist.
b. Threshold determinations requiring further
information from the applicant or consulta-
tion with other agencies with jurisdiction
should be completed within fifteen (15)
•
•
•
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•
days of receiving the requested informa-
tion from the applicant or the consulted agency;
requests by the City for such further infor-
mation should be made within fifteen (15)
•
days of the submission of an adequate appli-
cation and completed checklist; when a
request for further information is submitted 0
to a,consubted agency, the City shall wait
a maximum of thirty (30) days for the con-
sulted agency to respond.
c. The time limits set forth in this subsec-
tion shall not apply to withdrawals of,
affirmative and negative threshold deter-
minations where such withdrawals are made
1 ,
in accordance with WAC 197-10-370, -375
or Section 6.88.060 of this Chapter.
d. When a threshold determination isexpected
to require more than fifteen (15) days
to complete and a private applicant requests
notification of the date when a threshold
determination will be made, the lead agency
shall transmit to the private applicant
a written statement as to the expected date
of decision.
6.88.060 Appeals of threshold determinations.
411
A. Any final declaration of non-significance which was
preceded by a proposed declaration of non-significance on
which adverse written comments were submitted may be appealed
by a proponent, public or private organization or individual
to the City Council by filing with the City Clerk within
five (5) regular City business days following issuance of
the final declaration of non-significance a notice of appeal
i setting forth the action appealed from and the principal
i
points upon which the appeal is based. No City permit
i
shall issue prior to expiration of the five (5) day appeal
period or during the pendency of an appeal taken hereunder.
The Council shall hear the anpeal at a regular meeting 411
within ten (10) days after it is filed, or as soon there-
;
1 after as is feasible. The Council, utilizing the criteria
of WAC 197-10-060 and -300 through -365, may affirm
or reverse the decision of the responsible official or
,,- implement the additional information gathering mechanisms
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of WAC 197-10-330 prior to making a revised threshold
determination. Following the decision of the Council
either a declaration of significance or a final declaration
•of non-significance will be issued.
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B. Any declaration of significance issued by the
City responsible official may be appealed by a proponent,
public or private organization or individual to the City
Council by filing with the City Clerk within five (5)
reguldr business days following issuance of the declara-
tion of significance a notice of appeal setting forth
the action appealed from and the principal points upon
which the appeal is based. The Council shall hear the
appeal at a regular meeting within ten (10) days after
it is filed, or as soon thereafter as is feasible. , The
• Council, utilzing the criteria of WAC 197-10-060 and -300
through -365, may affirm or reverse the decision of the
responsible official or implement the additional information
gathering mechanisms of WAC 197-10-330 prior to making a re-
vised threshold determination. Following the decision of
the Council, either a declaration of significance or a pro-
posed declaration of non-significance will be issued. In
the event a proposed declaration of non-significance is
issued, the procedure of WAC 197-10-340(3) will be followed
by the Council and, following the prescribed fifteen (15)
day waiting period, the Council shall adopt and execute
either a final declaration of non-significance or a
declaration of significance.
C. In addition to the appeal procedures of this
section, the City Council may, on its own motion, review
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and reverse threshold determinations of the City responsible
official utilizing the criteria of WAC 197-10-060 and
-300 through -365 for proposals pending before the Council.
The Council may also implement the additional information
gathering mechanisms of WAC 197-10-330 prior to making
a threshold determination and before making any final
decision in regard to the proposal. In the event a deci-
sion of the responsible official is reversed, either a
declaration of significance or proposed or final declara-
tion of non-significance pursuant to WAC 197-10-340 will
be issued. When a proposed declaration of non-significance
is issued, the procedure of WAC 197-10-340(3) will be
followed by the Council and, following the fifteen (15)
day waiting period, the Council shall adopt either a final
declaration of non-significance or a declaration of signi-
ficance.
D. Threshold determinations made pursuant to this
section by the Council shall have the same effect as if made
by the responsible official. Nothing in this section shall
affect the provisions for withdrawal of threshold deter-
minations of WAC 197-10-370 or -375.
6.88.070 Use of exemptions.
A. The applicability of the exemptions shall be deter-
mined by each department within the City which receives
an application for a license, or in the case of governmen-
tal proposals, by that department initiating the proposal.
A determination by any such department that a proposal
is exempt shall be final and not subject to administrative
review.
B. If a proposal includes a series of actions,
physically or functionally related to each other, some
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of which are exempt and some of which are not, the proposal
is not exempt.
C. If the proposal includes a series of exempt actions
which are physically or functionally related to each other,
but which together may have a significant environmental
impact, the proposal is not exempt.
D. If it is determined that a proposal is exempt,
none of the procedural requirements of these guidelines
apply to the proposal. No environmental checklist shall
be required for an exempt proposal.
E. A department which is determining whether or
• not a proposal •is exempt shall ascertain the total scope
of the proposal and the governmental licenses required.
If a proposal includes a series of actions, physically
or functionally related to each other, some of which are
exempt and some of which are not, the proposal is not
exempt. For any such proposal, the department shall
refer the proponent thereof to the responsible official
for lead agency determination, even if the license appli-
cation which triggers the department's consideration is
otherwise exempt. If the lead agency is the City, then
the responsible official shall be designated.
F. If a proposal includes both exempt and non-exempt
actions, exempt actions may be authorized with respect
to the proposal prior to compliance with the procedural
requirements of these guidelines subject to the following
limitations:
1. No major action (non-exempt action) shall be
authorized;
2. No action shall be authorized which will ir-
revocably commit the City to approve or authorize
a major action;
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3. A department may withhold approval of an exempt
action which would lead to modification of the
physical environment, when such modifications
would serve no purpose if later approval of
a major action is not secured; and
4. A department may withhold approval of exempt
actions which would lead to substantial finan-
cial expenditures by a private applicant which
would serve no purpose if later approval of
a major action is not secured.
6.88.080 Lead agency determination and responsibilities.
A. Any department within the City receiving or
initiating a proposal any portion of which involves a
major action shall refer the proponent thereof to the
responsible official who shall determine the lead agency
for that proposal pursuant to the criteria set forth in
section WAC 197-10-205 through -270, using the procedures
of WAC 197-10-203. This determination shall be made for
each proposal involving a major action unless the lead
agency has been previously determined, or the department
is aware that another department or agency is in the
process of determining the lead agency. NOTE: A lead
agency must be an agency with jurisdiction.
B. In those instances in which the City is the lead
agency, the responsible official of the City shall make
the threshold determination, and if an EIS is necessary,
shall supervise preparation of the draft and final EIS.
C. In those instances in which the City is not the
lead agency under the criteria of WAC 197-10-205 through
-270, all departments of the City, subject to the limita-
tions of WAC 197-10-390, -660, and -690 shall utilize
and consider as appropriate either the declaration of
non-significance or the final EIS of the lead agency
in conjunction with the decisions of the City on the pro-
posal. In such instances, neither the City responsible
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official nor any City department shall prepare or require
preparation of a declaration of non-significance or EIS
in addition to that prepared by the lead agency.
D. In the event that the City or any department
thereof receives a lead agency determination made by
another agency which does not appear to be in accord with
the criteria of WAC 197-10-205 through -245 it may object
thereto. Any such objection must be made and resolved
within fifteen (15) days of receipt of the determination,
or the City must petition CEP for a lead agency deter-
,
mination pursuant to WAC 197-10-260 within the fifteen
(15) day time period. Any such petition on behalf of the
City shall be initiated by the responsible official.
E. Departments of the City are authorized to make agree-
ments as to lead agency status 'pursuant to WAC 197-10-240
and WAC 197-10-245; PROVIDED: That any such agreement in-
volving assumption of lead agency status by the City will
first be approved by the responsible official for the
City and that any department which will incur responsibilities
as a result of any such agreement will approve the agreement.
F. When making a lead agency determination for a
private project, the responsible official shall require
sufficient information from the applicant to ascertain which
other agencies have jurisdiction over the proposal.
6.88.090 Environmental checklist.
A. Except as provided in WAC 197-10-300(2), a com-
pleted environmental checklist, or a copy thereof, sub-
stantially in the form provided in WAC 197-10-365 shall
be filed at the same time as an application for a permit,
license, certificate, or other entitlement for use not
specifically exempted herein. This checklist shall be
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the basis for a determination by the City as to lead
agency status and if the City is determined to be the
lead agency, then for the threshold determination.
• B. For all proposals for which the City is the
lead agency, the responsible official of the City shall
make the threshold determination pursuant to the criteria
and procedures of WAC 197-10-060 and -300 through -365,
subject to the appeal procedures of Section 6.88.060 of
this Chapter.
6.88.100 Preparation of EIS.
A. The responsible official shall have the authority
and duty to determine whether the draft and final. EIS
shall be prepared by the responsible official or his
designee, or by a private applicant, or by a consultant
retained by the private applicant or by a combination
of said methods. In the event the responsible official
determines that the applicant will be required to prepare
an EIS, the applicant shall be so notified immediately
after completion of the threshold determination.
B. In the event that an EIS is to be prepared by
a private applicant or a consultant retained by the pri-
vate applicant, the responsible official shall assure
that the EIS is prepared in a responsible manner and
with appropriate methodology. The responsible official
shall direct the areas of research and examination to
be undertaken, as well as the organization of the resulting
document.
C. In the event that the responsible official or
his designee is preparing an EIS, the responsible official
may require a private applicant to provide data and
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•
information which is not in the possession of the City
relevant to any or all areas to be covered by the EIS.
• • D. No matter who participates in the preparation
411 of an EIS, it must be approved by the responsible
official prior to distribution.
6.88.110 Additional elements to be covered in an
EIS. The following additional elements are part of the •
environment for the purpose of EIS content, but do not
add to the.criteria for threshold determinations or per-'
form any other function or purpose under theserules.
When the decision is made to require an EIS. the respon-
sible official will at that time determine which, if any,
of the following additional elements are to be included
in the draft and final statement:
1. Economy.
2. Cultural factors.
3. Sociological factors.
6.88.120 Designation of official to perform consulted
• a:enc responsibilities for the Cit .
A. The Director of the Department of Community Develop-
ment, or his designee, is the responsible official who
shall be responsible for the preparation of the written
comments for the City in response to a consultation request
prior to a threshold determination, participation in pre-
.
draft consultation, or reviewing a draft EIS.
B. The official designated in Subsection A hereof
41/
shall be responsible for compliance by the City with WAC
197-10-500 through -540 wherever the City is a consulted
agency, and is hereby authorized to develop Operating pro-
. cedures which will insure that responses to consultation
requests are prepared in a timely fashion and include data
from all appropriate departments of the Cit
•
•
6.88.130 Desitnation of responsible official.
A. For those proposals for which the City is the
lead agency, the responsible official shall be the Direc-
tor of the Department of Community Development or his
411
designee.
B. The responsible official shall make the threshold
determination, supervise preparation of any required EIS,
and perform any other functions assigned to the 'lead
agency' or 'responsible official' by those sections of
the SEPA Guidelines which were adopted by reference in
Section 6.08.030 of this Chapter, for all proposals for
which the City is the lead agency.
C. For those proposals requiring the specialized
expertise of more than one City department, the responsible
official may request information necessary to discharge
his responsibilities under this Chapter from those other
departments. Such information as can be reasonably supplied
by those departments shall be transmitted to the responsible
official in a timely manner.
6.88.140 SEPA Public Information Center.
A. The following location constitutes the SEPA pub-
lic information center for the City of Yakima and for
such agencies therein as may hereafter contract with the
City in regard to said service:
Office of Environmental Planning
Yakima City Hall
129 North 2nd Street
Yakima, Washington 98901
Telephone (509) 575-6121
B. All reasonable means will be used to make the
existence and location of the City's SEPA public information
center known to both the public generally and the employees
of the City.
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. ,
C. The SEPA public information center shall contain
the documents and provide the services required by
WAC 197-10-830.
6.88.150 Fees. The following fees shall be required
of proponents other than the City for actions by the City
in accordance with the provisions of this Chapter:
1. Threshold determinations--For every threshold
determination to be performed by the City when
the City is the lead agency, a fee of $50.00
shall be required of the proponent of the pro-
posal. This fee shall be collected prior to
undertaking the threshold determination, and
the time periods provided by this Chapter for
making a threshold determination shall not
begin to run until payment of the fee.
2. Environmental Impact Statements--
a. For all proposals requiring an EIS for which
the City is the lead agency, and for which
the responsible official determines that
the EIS shall be prepared by employees of
411 the City, the City may charge and collect
a reasonable fee from any applicant to
cover costs incurred by the City in the
preparation of an EIS. If it is determined
that an EIS is required, applicants shall
be advised of projected costs of the state-
ment prior to actual preparation and shall
post bond or otherwise insure payment of
such costs.
b. The responsible official may determine that
the City will contract directly with a con-
sultant for preparation of environmental
documents for activities initiated by
some persons or entity other than the City
and may bill such costs and expenses directly
to the applicant. Such consultants shall
be selected by mutual agreement of the
City and applicant after a call for pro-
posals. Applicants may be required to
post bond or otherwise insure payment of
such costs.
111
c. In the event that a proposal is modified
so that an EIS is no longer required, the
responsible official shall refund any costs
collected under a and b of this subsection
which were collected for costs not incurred.
3. No fee shall be collected by the City for per-
forming its duties as a consulted agency.
4. The City may charge any person for copies of
any document prepared pursuant to the requirements
of this Chapter, and for mailing thereof, in
a manner provided by Chapter 42.17, RCW.
6.88.160 Notice--Statute of Limitations.
A. The City, applicant for, or proponent of an 411
action may publish notice of action pursuant to RCW 43.21C0080
for any action.
B. The form of the notice shall be as prescribed
by the Department of Ecology and/or substantially in the
form and manner set forth in RCW 43.21C.080. The notice
shall be published by the City Clerk at the expense of the
applicant upon the responsible official's presentation of
appropriate forms, or by the applicant or proponent pur-
suant to RCW 43.21C.080.
6.88.170 Non-applicability of Chapter 6.02 of the
City of Yakima Municipal Code. The provisions of Chapter
6.02, 'General Provisions', of Title 6 of the City of Yakima
Municipal Code shall not apply to provisions and require-
ments of this Chapter 6.88.
6.88.180 Severability. If any provision of this
Chapter or its application to any person or circumstance
is held invalid, the remainder of this ordinance, or the
application of the provision to other persons or circum-
stances, shall not be affected."
Section 3. This ordinance is one to provide for the immediate
preservation of the public peace, property, health, safety and welfare
of the people of the City of Yakima and an emergency is hereby
declared to exist and this ordinance shall be in full force and
effect immediately upon its passage, approval and publication as
provided by law and by the City Charter.
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PASSED BY THE CITY COUNCIL, signed and approved this \ \,, \`�
day of . , 1976.
• /
/ill _xl.k
Mayor
• ATTEST :
I
City /lerk
•
•
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