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HomeMy WebLinkAbout3174 Amending AMC System Development Charges 1 ORDINANCE NO.3174 2 AN ORDINANCE AMENDING SECTION 4.20 OF THE ASHLAND 3 MUNICIPAL CODE: SYSTEMS DEVELOPMENT CHARGES 4 Annotated to show deletions-and additions to the code sections being modified. Deletions are 5 bold lined-through and additions are bold underlined. 6 WHEREAS,Article 2. Section 1 of the Ashland City Charter provides: 7 Powers of the City. The City shall have all powers which the constitutions, statutes, and 8 common law of the United States and of this State expressly or impliedly grant or allow 9 municipalities, as fully as though this Charter specifically enumerated each of those powers, as well as all powers not inconsistent with the foregoing; and, in addition thereto, 10 shall possess all powers hereinafter specifically granted. All the authority thereof shall 11 have perpetual succession. 12 WHEREAS,the City desires to amend the systems development charges ordinance 13 THE PEOPLE OF THE CITY OF ASHLAND DO ORDAIN AS FOLLOWS: 14 15 SECTION 1. Chapter 4.20 is hereby amended to read as follows: 16 4.20.010 Definitions 17 The following words and phrases, as used in Chapter 4.20 of the Ashland Municipal Code, have the following definitions and meanings: 18 19 A. Capital Improvement(s). Public facilities or assets used for any of the following: 20 1. Water supply,treatment and distribution; 21 2. Sanitary sewers, including collection,transmission and treatment; 3. Storm sewers, including drainage and flood control; 22 4. Transportation, including but not limited to streets, sidewalks,bike lanes and paths, street 23 lights,traffic signs and signals, street trees,public transportation,vehicle parking, and bridges; or 5. Parks and recreation, including but not limited to mini-neighborhood parks,neighborhood 24 parks, community parks,public open space and trail systems, buildings, courts, fields and other 25 like facilities. 26 B. Development. As used in Sections 4.20.020 through 4.20.090180 means constructing or 27 enlarging a building or adding facilities, or making a physical change in the use of a structure or land, which increases the usage of any capital improvements or which will contribute to the need 28 for additional or enlarged capital improvements. 29 C. Public Improvement Charge Fee. A fee for costs associated with capital improvements to be 30 constructed after the effective date of this ordinance. ORDINANCE NO. 3174 Page 1 of 12 1 D. Qualified Public Improvements. A capital improvement that is 2 L required as a condition of development approval; and 3 4 2. is identified in the plan adopted pursuant to section , 5 4.20.080 and is either: 6 a. Not located on or contiguous to property this is the subject of development approval, or 7 8 b. Located on or contiguous to the property that is the subject of development approval and is required to be built larger or with greater capacity than is necessary for the 9 particular development project to which the improvement fee is related. 10 E. Reimbursement Fee. A fee for costs associated with capital improvements constructed or 11 under construction on the date the fee is adopted pursuant to Section 4.20.040. 12 F. Systems Development Charge. A reimbursement fee, a public improvement charge or a 13 combination thereof assessed or collected at any of the times specified in Section 4.20.070 14 4.20.070. It shall not include connection or hook-up fees for sanitary sewers, storm drains or water lines, since such fees are designed by the City only to reimburse the City for the costs for 15 such connections. Nor shall the SDC include costs for capital improvements which by City 16 policy and State statute are paid for by assessments or fees in lieu of assessments for projects of special benefit to a property(Ord. 2791 § 1, amended, 1997), or the cost of complying with 17 requirements or conditions imposed by a land use decision. 18 4.20.020 Purpose 19 The purpose of the systems development charge (SDC) is to impose an equitable share of the 20 public costs of capital improvements upon those developments that create the need for or increase the demands on capital improvements. 21 22 4.20.030 Scope The systems development charge imposed by Chapter 4.20 is separate from and in addition to 23 any applicable tax, assessment, charge, fee in lieu of assessment, or fee otherwise provided by 24 law or imposed as a condition of development. A systems development charge is to be considered in the nature of a charge for service rendered or facilities made available, or a charge 25 for future services to be rendered on facilities to be made available in the future. 26 4.20.040 Systems Development Charge Established 27 28 A. Unless otherwise exempted by the provisions of this Chapter or other local or state law, a systems development charge is hereby imposed upon all development within the City; and all 29 development outside the boundary of the City that connects to or otherwise uses the sanitary 30 sewer system, storm drainage system or water system of the City. The City Administrator is authorized to make interpretations of this Section, subject to appeal to the City Council. ORDINANCE NO. 3174 Page 2 of 12 1 B. Systems development charges for each type of capital improvement may be created through 2 application of the methodologies described in Section 4.20.050 of this code. The amounts of each system development charge shall be adopted initially by Council resolution following a , 3 public hearing. Changes in the amounts shall also be adopted by resolution following a public 4 hearing, except changes resulting solely from inflationary cost impacts. Inflationary cost impacts shall be measured and calculated annually by the City Administrator and charged accordingly. 5 Such calculations will be based upon changes in the Engineering News Record Construction 6 Index (ENR Index)for Seattle, Washington. (Ord. 2791 § 2, amended, 1997) 7 4.20.050 Methodology 8 A. The methodology used to establish a reimbursement fee shall consider the cost of then- 9 existing facilities,prior contributions by then-existing users,gifts or grants from federal or 10 state government or private persons,the value of unused capacity,rate-making principles • employed to finance publicly owned capital improvements,and other relevant factors identified 11 by the City Council. The methodology shall promote the objective that future systems users 12 shall contribute an equitable share of the cost of then-existing facilities. 13 B. The methodology used to establish the improvement fee shall 14 consider the cost of projected capital improvements identified in an improvement plan (see Subsection 4.20.080) that are needed to increase the capacity of the systems to which the fee is 15 related. : • : : •: • . . • • • . . . . •• . • . • • . 16 17 . .• • . : : . . . : . • • . . . . . . : .. . . . 18 20 21 22 23 CE. The methodologies used to establish the systems development charge shall be adopted by• 24 resolution of the Council following a public hearing. • •. • •. . • : •. • 25 : • •. • . . . . . •• • .. . • .• • . . . 26 27 28 1. The City shall provide written notice to persons who have requested notice of any adoption or modification of SDC methodology at least 90 days before the hearing.If no one 29 has requested notice,the City shall publish notice in a newspaper of general circulation in 30 the City at least 90 days before the hearing. ORDNANCE NO. 3174 Page 3 of 12 1 2. The revised methodology shall be available to the public at least 60 days before the first 2 public hearing of the adoption or amendment of the methodology. 3 D. A change in the amount of a reimbursement fee or an improvement fee is not a 4 modification of the SDC methodology if the change is based on a change in project costs, including cost of materials, labor and real property, or on a provision for a periodic 5 adjustment included in the methodology or adopted by separate ordinance or resolution, 6 consistent with State law. 7 E. A change in the amount of an improvement fee is not a modification of the SDC 8 methodology if the change is the result of a change in the Improvement Plan adopted in accord with Subsection 4.20.080. 9 10 F. The formulas and calculations used to compute specific systems development charges are based upon averages and typical conditions. Whenever the impact of individual developments 11 present special or unique situations such that the calculated fee is grossly disproportionate to the 12 actual impact of the development, alternative fee calculations may be approved or required by the City Administrator under administrative procedures prescribed by the City Council. All data 13 submitted to support alternate calculations under this provision shall be site specific. Major or 14 unique developments may require special analyses to determine alternatives to the standard methodology. 15 16 G. When an appeal is filed challenging the methodology adopted by the City Council, the City Administrator shall prepare a written report and recommendation within twenty(20) working 17 days of receipt for presentation to the Council at its next regular meeting. The council shall by 18 resolution, approve, modify or reject the report and recommendation of the City Administrator, or may adopt a revised methodology by resolution, if required. Any legal action contesting the 19 City Council's decision in the appeal shall be filed within sixty(60) days of the Council's 20 decision. 21 4.20.060 Authorized Expenditures 22 A. • . . .. • • . . • . . . . 23 . . . • . •• • . 24 , , •• . . . . • . . . ' . . , , • . Reimbursement Fees shall be spent 25 on capital improvements associated with the systems for which the fees are assessed, including 26 expenditures relating to repayment of indebtedness. 27 B. Improvement fees shall be spent only on capacity increasing improvements for which the 28 fees are assessed, including repayment of indebtedness. An increase in system capacity occurs if a capital improvement increases the level of performance or service provided by 29 existing facilities or provides new facilities. The portion of such improvements funded by 30 improvement SDCs must be related to the need for increased capacity to provide service for future users. ORDINANCE NO. 3174 Page 4 of 12 1 C. Notwithstanding subsections (A) and (B) of this section, SDC revenues may be 2 expended on the direct costs of complying with the provisions of this chapter, including the costs of developing SDC methodologies, system planning, providing an annual accounting 3 of SDC expenditures and other costs directly related to or required for the administration 4 and operation of this SDC program. 5 .. . . . . • . . • . • . . 6 .. . .. .. 7 : • . .. • . - • ; . . • ' • • .. • . . . • 8 . .. .. . . . . . • .. . . . . • •..•9 . . . • . . - ' ' . . . • • ' . .. . • . • . • ' .. e . - dd 199'7) 10 � ..n. e ' 11 4.20.070 Expenditure Restrictions 12 A. SDCs shall not be expended for costs associated with the construction of administrative office facilities that are more than an incidental part of other capital improvements,or for 13 costs of the operation or routine maintenance of capital improvements. 14 B. A capital improvement being funded wholly or in part from revenues derived from the 15 improvement fee shall be included in the plan adopted by the city pursuant to section 16 4.20.080 of this ordinance. 17 4.20.080 Improvement Plan 18 A. Prior to the establishment of a system development charge,the city council shall 19 prepare a capital improvement plan, public facilities plan, master plan, or other 20 comparable plan that includes: 21 1. A list of the capital improvements that the city council intends to fund, in whole or in 22 part,with revenues from improvement fees; 23 2. The estimated cost and time of construction of each improvement and the percentage of 24 that cost eligible to be funded with improvement fee revenue; and 25 3. A description of the process for modifying the plan. 26 B. In adopting a plan under Section 4.20.080(A) of this ordinance, the city council may 27 incorporate by reference all or a portion of any capital improvement plan, public facilities 28 plan, master plan,or other comparable plan that contains the information required by this section. 29 30 C. The city council may modify such plan and list, as described in Section 4.20.080(A) of this ordinance,at any time. If a system development charge will be increased by a ORDINANCE NO. 3174 Page 5 of 12 1 proposed modification to the list to include a capacity increasing public improvement.the 2 city council will: 3 1. At least thirty(30) days prior to the adoption of the proposed modification,provide 4 written notice to persons who have requested notice pursuant to Section 4.20.120 of this ordinance; 5 6 2. Hold a public hearing if a written request fora hearing is received within seven_(7) days of the date of the proposed modification. 7 8 D. A change in the amount of a reimbursement fee or an improvement fee is not a modification of the system development charge if the change in amount is based on: 9 10 1. A change in the cost of materials,labor, or real property applied to projects or project capacity as set forth on the list adopted pursuant to Section 4.20.080(A) of this ordinance; 11 12 2. The periodic application of one or more specific cost indexes or other periodic data sources, including the cost index identified in Section 4.20.040 of this ordinance. A specific 13 cost index or periodic data source must be: 14 a. A relevant measurement of the average change in prices or costs over an 15 identified time period for materials,labor,real property, or a combination of the three; 16 b. Published by a recognized organization or agency that produces the index or 17 data source for reasons that are independent of the system development charge 18 methodology; and 19 c. Incorporated as part of the established methodology or identified and adopted by 20 the city council in a separate resolution,or if no other index is identified in the established methodology,then the index stated in Section 4.20.040 of this ordinance. 21 22 4.20. 090070 Collection of Charge A. The systems development charge is payable upon, and as a condition of,issuance or appcoval 23 of: 24 1. A building-of-plumbing permit ; on 25 26 2. A development permit; 27 3.2; A permit for a development not requiring the issuance of a building permit; or 28 4.37—A permit or other authorization to connect to the water, sanitary sewer or storm drainage 29 systems. 30 5. A right-of-way access permit ORDINANCE NO. 3174 Page 6 of 12 1 6.4. A planning action or change in occupancy(as defined in the Uniform Building Code) that 2 will increase the demands on any public facility for which systems development charges are charged. 3 4 B. If development is commenced or connection is made to the water system, sanitary sewer system or storm sewer system without an appropriate permit,the systems development charge is 5 immediately payable upon the earliest date that a permit was required, and it will be unlawful for 6 anyone to continue with the construction or use constituting a development until the charge has been paid or payment secured to the satisfaction of the City Administrator. 7 8 C. Any and all persons causing a development or making application for the needed permit, or otherwise responsible for the development, are jointly and severally obligated to pay the charge, 9 and the City Administrator may collect the said charge from any of them. The City,Administrator 10 or his/her designee shall not issue any permit or allow connections described in Subsection 4.20.090.A 070.A until the charge has been paid in full or until an adequate secured arrangement 11 for its payment has been made, within the limits prescribed by resolution of the City Council. 12 D. An owner of property obligated to pay a system development charge may apply to pay the 13 charge in semi-annual installments over a period not exceeding five-ten years as provided in this 14 section. 15 1 The minimum charge subject to payment by installments shall be$1700$2,000 and the 16 maximum charge that may be subject to payment by installments shall not exceed $200,000. The minimum semi-annual installment shall be-$600-$1000. Installments shall 17 include interest on the unpaid balance at annual rate of 6% for a five-year installment loan or 18 7% for a 10-year installment loan.A one-year installment loan shall not be subject to an annual interest rate provided all charges are paid prior to the City's issuance of the 19 Certificate of Occupancy, time of sale, or within one year of when the charge was imposed, 20 whichever comes first. : .. . .:. .. .. . • .. .. .. • . :: - . . by the Wall Street Journal as of January 2 of they ar in which the charge is imposed. 21 22 2. The installment application shall state that the applicant waives all irregularities or defects, jurisdictional or otherwise, in the proceedings to cause the system development charge. 23 24 3. The application shall also contain a statement,by lots or blocks, or other convenient description of the property meeting the requirements of ORS 93.600, subject to the charge. , 25 26 4. A systems development charge subject to installment payments shall be chargeable as a lien upon the property subject to the charge. Pursuant to ORS 93.643(2)(c), the City recorder shall 27 record notice of the installment payment contract with the Jackson County Clerk. The applicant 28 shall pay the recording charges. (Ord. 2791 § 5, amended, 1997; Ord. 2670, amended, 1992) 29 4.20.100 080 Exemptions 30 The conditions under which all or part of the systems development charges imposed in Section 4.20.040 may be waived are as follows: ORDINANCE NO. 3174 Page 7 of 12 1 A. , . • . . . • . •. 2 • 4 Structures and uses established and legally existing on or before the effective date of this ordinance are exempt from a system development charge,except 5 water and sewer charges, to the extent of the structure or use then existing and to the 6 extent of the parcel of land as it is constituted on that date. Structures and uses affected by this subsection shall pay the water or sewer charges pursuant to the terms of this ordinance 7 upon the receipt of a permit to connect to the water or sewer system. 8 B. Housing for low income or elderly persons which is exempt from real property taxes under 9 state law. (Ord. 2791 § 7, amended, 1997) 10 4.20.105 085- Deferrals for Affordable Housing 11 12 A. The systems development charge for the development of qualified affordable housing under the City's affordable housing laws shall be deferred until the transfer of ownership to an 13 ineligible buyer occurs. Deferred systems development charges shall be secured by a second 14 mortgage acceptable to the City, bearing interest at not less than five percent per annum. Accrued interest and principal shall be due on sale to an ineligible buyer. 15 16 B. The systems development charge and second mortgage for the development of qualified affordable housing shall terminate 3020 years after the issuance of a certificate of occupancy if 17 the housing unit(s) have continued to meet the affordable housing requirements during the 3020 18 -year period. (Ord. 2791 § 8, amended, 1997; Ord. 2670, amended, 1992) 19 4.20.110-090 Credits 20 A. When development occurs that gives rise to a system development charge under Section 21 4.20.040 of this Chapter,the system development charge for the existing use shall be calculated 22 and if it is less than the system development charge for the proposed use,the difference between the system development charge for the existing use and the system development charge for the 23 proposed use shall be the system development charge required under Section 4.20.040. If the 24 change is use results in the systems development charge for the proposed use being less than the system development charge for the existing use,no system development charge shall be 25 required; however,no refund or credit shall be given. 26 B. The limitations on the use of credits contained in this Subsection shall not apply when credits 27 are otherwise given under Section 4.20. 110-090. A credit shall be given for the cost of a 28 qualified public improvement associated with a development. If a qualified public improvement is located partially on and partially off the parcel of land that is the subject of the approval, the 29 credit shall be given only for the cost of the portion of the improvement not attributable wholly 30 to the development. The credit provided for by this Subsection shall be only for the public improvement fee charge charged for the type of improvement being constructed and shall not exceed the public improvement fee ehaage even if the cost of the capital improvement exceeds ORDINANCE NO. 3174 Page 8 of 12 1 the applicable public improvement fee eharge. Credits paid as a permit for development will 2 expire five years after paid. The credit shall be apportioned equally among all single-family residential lots (where such credit was granted for subdivisions). Credits for other types of 3 developments shall be allocated to building permits on a first-come, first served basis until the 4 credit is depleted. 5 C. Applying the methodology adopted by resolution, the City Administrator or designee shall 6 grant a credit against the publie improvement fee eharge, for a capital improvement constructed as part of the development that reduces the development's demand upon existing capital 7 improvements or the need for future capital improvements or that would otherwise have to be 8 provided at City expense under then existing Council policies. 9 D. Credits for additions to dedicated park land, or development of planned improvements on 10 dedicated park land, shall only be granted by the City Administrator upon recommendation by the Park and Recreation Commission for land or park development projects identified in the 11 Capital Improvement Plan,referred to in Section 4.20.070060.B. 12 E. In situations where the amount of credit exceeds the amount of the system development 13 charge,the excess credit is not transferable to another development. It may be transferred to 14 another phase of the original development. 15 F. Credit shall not be transferable from one type of capital improvement to another. (Ord. 2791 § 16 9, amended, 1997) 17 4.20.120 Notification 18 A. The city shall maintain a list of persons who have made a written request for 19 notification prior to adoption or modification of a methodology for any system 20 development charge. Written notice shall be mailed to persons on the list as_provide in sections 4.20.050 and 4.20.080. The failure of a person on the list to receive a notice that 21 was mailed does not invalidate the action of the city. 22 B. The city may periodically delete names from the list,but at least thirty(30) days prior 23 to removing a name from the list,the city must notify the person whose name is to be 24 deleted that a new written request for notification is required if the person wishes to remain on the notification list. - 25 26 4.20.130 Segregation and Use of Revenue 27 A. All SDC proceeds are to be segregated by accounting practices from all other funds of 28 the City. SDC proceeds shall be used only for capital improvement of the type for which they were collected and authorized costs and overhead. 29 30 B. The City Administrator shall provide the City Council with an annual accounting,based on the City's fiscal year,for SDCs showing the total amount of SDC revenues collected for each type of facility and the projects funded from each account in the previous fiscal year. ORDINANCE NO. 3174 Page 9 of 12 1 A list of the amounts spent on each project funded in whole or in part with SDC revenues 2 shall be included in the annual accounting. 3 C .The monies deposited into each SDC account shall be used solely as allowed by this 4 chapter and State law, including,but not limited to: 5 1. Design and construction plan preparation 6 2. Permitting and fees; I 7 8 3. Land,easements,and materials acquisition, including any cost of acquisition or condemnation,including financing,legal and other costs; 9 10 4. Construction of capital improvements; 11 5. Design and construction of new utility facilities required by the construction of capital 12 improvements and structures; 13 6. Relocating utilities required by the construction of improvements; 14 7. Landscaping:. _ 15 16 8. Construction management and inspection; 17 9. Surveys,soils,and materials testing; 18 10. Acquisition of capital equipment; • - i 19 20 11. Repayment of monies transferred or borrowed from any budgetary fund of the City which were used to fund any of the capital improvements as herein provided; and 21 22 12. Payment of principal and interest, necessary reserves and cost of issuance under bonds or other indebtedness issued by the City to fund capital improvements. 23 24 4.20.140 Refunds A. Refunds shall be given by the City Administrator upon finding that there was a clerical 25 error in the calculation of a system development charge. 26 B. Refunds shall not be allowed for failure to timely claim a credit under Section 4.20.110 27 of this ordinance, or for failure to seek an alternative system development charge rate 28 calculation at the time of submission of an application for a building permit. 29 C. Refunds may be given on application of a permittee if the development did not occur 30 and all permits for the development have been withdrawn. 4.20.150 400 Appeal Procedures ORDINANCE NO. 3174 Page 10 of 12 1 2 A. As used in this Section"working day"means a day when the general offices of the City are open to transact business with the public. 3 4 B. A person aggrieved by a decision required or permitted to be made by the City Administrator or designee under Sections 4.20.010 through 4.20.130 090 or a person challenging the propriety 5 of an expenditure of systems development charge revenues may appeal the decision or 6 expenditure by filing a written request with the City Recorder for consideration by the City Council. Such appeal shall describe with particularity the decision or the expenditure from which 7 the person appeals and shall comply with subsection D of this section. 8 C. An appeal of an expenditure must be filed within two years of the date of alleged improper 9 expenditure. An appeal petition challenging the adopted methodology shall be filed not later 10 than sixty (60) days from the date of the adoption of the methodology. Appeals of any other decision must be filed within 10 working days of the date of the decision. 11 12 D. The appeal shall state: 13 1. The name and address of the alipellant; 14 2. The nature of the determination being appealed; 3. The reason the determination is incorrect; and 15 4. What the correct determination should be. 16 An appellant who fails to file such a statement within the time permitted waives any objections, 17 and the appeal shall be dismissed. 18 E. Unless the appellant and the City agree to a longer period, an appeal shall be heard within 30 19 days of the receipt of the written appeal. At least 10 working days prior to the hearing, the City 20 shall mail notice of the time and location thereof to the appellant. 21 F. The City Council shall hear and determine the appeal on the basis of the appellant's written 22 statement and any additional evidence the appellant deems appropriate. At the hearing,the appellant may present testimony and oral argument personally or by counsel. The City may 23 present written or oral testimony at this same hearing. The rules of evidence as used by courts of 24 law do not apply. 25 G. The appellant shall carry the burden of proving that the determination being appealed is 26 incorrect and what the correct determination should be. 27 H. The City Council shall render its decision within 15 days after the hearing date and the 28 decision of the Council shall be final. The decision shall be in writing but written findings shall not be made or required unless the Council in its discretion, elects to make findings for 29 precedential purposes. 30 Any legal action contesting the Council's decision on the appeal shall be filed within 60 days of the Council's decision. (Ord. 2791 § 10, amended, 1997) ORDINANCE NO. 3174 Page 11 of 12 1 4.20.160 140 Prohibited Connection 2 After the effective date of this chapter, no person may connect any premises for service, or cause 3 the same to be connected, to any sanitary sewer, water system, or storm sewer system of the City 4 unless the appropriate systems development charge has been paid or payment has been secured as provided in this chapter. 5 6 4.20.170 120 Enforcement-Violation Any service connected to the City water, sewer or storm sewer system after the effective date of 7 this chapter for which the fee due hereunder has not been paid as required or an adequate secured 8 arrangement for its payment has been made, is subject to termination of service under the City's utility disconnect policy. In addition to any other remedy or penalty provided herein, any 9 connection to the City water, sewer or storm system made without payment as specified in this 10 Chapter shall be considered a Class I violation. (Ord. 3023, amended, 08/03/2010) 11 4.20.180 121 Classification of the Fee 12 System development charges as set forth in Chapter 4.20 of the Ashland Municipal Code are classified as not subject to the limits of Section 11 b of Article XI of the Oregon Constitution 13 (Ballot Measure No. 5) (Ord. 2791 § 11, amended, 1997) 14 SECTION 2. Severability. The sections, subsections, paragraphs and clauses of this ordinance 15 are severable. The invalidity of one section, subsection,paragraph, or clause shall not affect the 16 validity of the remaining sections, subsections,paragraphs and clauses. 17 SECTION 3. Codification. Provisions of this Ordinance shall be incorporated in the City Code, and the word"ordinance"may be changed to "code", "article", "section", or another word, and 18 the sections of this Ordinance may be renumbered or re-lettered, provided however,that any 19 Whereas clauses and boilerplate provisions (i.e., Sections [No(s.)] need not be codified, and the 20 City Recorder is authorized to correct any cross-references and any typographical errors. 21 The foregoing ordinance was first read by title only in accordance with Article X, Section 2(C) 22 of the City Charter on the 5th day of March, 2019, and duly PASSED and ADOPTED this 19th day of March, 2019. 23 Melissa Huhtala, City Recorder 25 26 SIGNED and APPROVED this day of ikkr-v1.-- , 2019. 27 ��� der 28 J Stromberg,Mayor Revi d as to form: 29 30 A 444) David H. Lohman, Attorney ORDINANCE NO. 3174 Page 12 of 12