HomeMy WebLinkAboutOrdinance 3070ORDINANCE NO. 3070
AN ORDINANCE OF THE CITY OF NORTH RICHLAND HILLS, TEXAS,
AMENDING THE NORTH RICHLAND HILLS CODE OF ORDINANCES
(2003), AS AMENDED, BY ADDING A NEW ARTICLE VI, "EROSION
AND SEDIMENT CONTROL" TO CHAPTER 102 "FLOODS AND
STORMWATER MANAGEMENT"; REGULATING EROSION AND
SEDIMENT CONTROL/GRADING; ESTABLISHING A PENALTY;
PROVIDING FOR SEVERABILITY.
WHEREAS, the City Council is of the opinion that erosion and sediment
control/grading should be regulated and to do so is in the best interest of the citizens of
the City of North Richland Hills;
WHEREAS, the City deems it necessary to adopt an ordinance to maintain and
improve the quality of surface water and groundwater in the City, and to prevent the
discharge of pollutants and other harmful or inappropriate substances into those waters;
WHEREAS, during the construction process, soil is highly vulnerable to erosion
by wind and water and eroded soil endangers water resources by reducing water quality
and causing the siltation of aquatic habitat for fish and other desirable species;
WHEREAS, eroded soil also necessitates the repair of sewers and ditches and
the dredging of lakes;
WHEREAS, the City desires to promote the public welfare by guiding, regulating,
and controlling the design, construction, use, and maintenance of certain development
or other activity that disturbs or breaks the topsoil or results in the movement of earth or
land in the City; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NORTH RICHLAND
HILLS, TEXAS:
Section 1.
Chapter 102, "Floods and Stormwater Management" of the North Richland Hills Code of
Ordinances is hereby amended by adding a new Article VI, "Erosion and Sediment
Control" to read as follows:
"ARTICLE VI. EROSION AND SEDIMENT CONTROL
DIVISION 1. GENERALLY
Secs. 102-292--102-330. Reserved.
Ordinance No. 3070
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DIVISION 2. PURPOSE AND INTENT
Sec. 102-331. Introduction and Purpose.
During the construction process, soil is the most vulnerable to erosion by wind
and water. This eroded soil endangers water resources by reducing water quality, and
causing the siltation of aquatic habitat for fish and other desirable species. Eroded soil
also necessitates repair of sewers and ditches, and the dredging of ponds, lakes and
other drainage facilities. In addition, clearing grading during construction causes the
loss of native vegetation necessary for terrestrial and aquatic habitat, and to provide a
healthy living environment for citizens of the City of North Richland Hills.
As a result, the purpose of this local regulation is to safeguard persons, protect
property, prevent damage to the environment and promote the public welfare by
guiding, regulating, and controlling the design, construction, use and maintenance of
any development or other activity which disturbs or breaks the topsoil or results in the
movement of earth on land in the City of North Richland Hills, Texas.
DIVISION 3. DEFINITIONS
Sec. 102-332. Definitions.
When used in this Article, these terms shall be defined as follows:
Applicant. Any person who submits an application to the City for a permit
pursuant to this Article.
Best Management Practices (BMP). A technique or series of techniques which
are proven to be effective in controlling runoff, erosion, and sedimentation.
Clearing. Any activity that removes the vegetative surface cover.
Developer. Any person, firm, corporation, sole proprietorship, partnership, state
agency, or political subdivision thereof engaged in a land disturbance activity.
Drainage Way. Any channel that conveys surface runoff throughout the site.
Erosion Control. A measure that prevents erosion.
Erosion and Sediment Control Plan. A plan or set of plans which includes a set
of best management practices (BMP) or equivalent measures prepared by a licensed
engineer indicating the specific measures and sequencing to be used to control surface
runoff and erosion and to retain sediment on a particular site during the period in which
pre-construction and construction related land disturbances, fills, and soil storage occur,
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and before final improvements are completed, all in accordance with the specific
requirements set forth in this Article.
Excavation. The mechanical removal of earth material.
Fill. A deposit of soil or other earth materials placed by artificial means.
Final Erosion and Sediment Control Plan (Final Plan). The Erosion and
Sediment Control Plan approved by the City which includes permanent measures and
best management practices (BMP) to control surface runoff and control sediment if not
included in the Erosion and Sediment Plan.
Grade. The vertical location of the ground surface. Existing grade is the grade
prior to grading. Rough grade is the stage at which the grade approximately conforms to
the approved plan. Finish grade is the final grade of the site which conforms to the
approved plan.
Grading. Excavation or fill of material, including the resulting conditions thereof.
Land Disturbance Activity. Any land change that may result in soil erosion from
wind, water and/or ice and the movement of sediments into or upon waters, lands, or
rights-of-way within the City of North Richland Hills, including but not limited to building
demolition, clearing and grubbing, grading, excavating, transporting and filling of land.
Land disturbance activity does not include the following:
(1) Minor land disturbance activities including, but not limited to, underground
utility repairs, home gardens, cemetery graves, minor repairs, and
maintenance work which disturbs less than five hundred square feet (500
SF) of land.
(2) Installation of fence, sign, telephone, and electrical poles and other kinds
or poles.
(3) Emergency work to protect life, limb, or property and emergency repairs. If
the land disturbing activity would have required an approved Erosion and
Sediment Control Plan except for emergency, then the land area disturbed
shall be shaped and stabilized in accordance with the requirements of this
Article.
Notice of Intent (NOI). A form provided by the Texas Commission on
Environmental Quality (TCEQ) completed by a licensed engineer which indicates a
proposed land disturbance activity.
Notice of Termination (NOT). A form provided by the Texas Commission on
Environmental Quality (TCEQ) completed by a licensed engineer when there is a
change in operator or developer or the land disturbance activity has been completed.
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Perimeter Control. A barrier that prevents sediment from leaving a site by
filtering sediment-laden runoff or diverting it to a sediment trap or basin.
Phasing. Clearing a parcel of land in distinct phases, with the stabilization of
each phase completed before the clearing of the next.
Qualified Personnel. Persons who possess the appropriate competence, skills,
and ability (as demonstrated by sufficient education, training, experience, and/or, when
applicable, any required certification or licensing) to perform a specific activity in a
timely and complete manner consistent with the applicable regulatory requirements and
generally-accepted industry standards for such activity. The permit applicant is
responsible for providing qualifications to the North Richland Hills' Public Works
Department and the Engineering Division or the Public Works Operations Manager has
the authority to approve or deny the qualifications of personnel.
Runoff. Any rainfall, snowmelt, or irrigation water flowing over the ground.
Sediment. The soils or other surficial materials transported by surface water
as a product of erosion.
Sedimentation. The process or action of deposition sediment that is determined
to have been caused by erosion.
Sediment Control. The Best Management Practices (BMP) or measures that
prevent eroded sediment from leaving the site.
Site. A parcel of land or a contiguous combination thereof, where grading work
is performed as a single unified operation.
Site Development Permit. A permit issued by the municipality for the
construction or alteration of ground improvements and structures for the control of
erosion, runoff, and grading.
Stabilization. The use of practices that prevent exposed soil from eroding.
Start of Construction. The first land-disturbing activity associated with a
development, including land preparation such as clearing, grading, and filling;
installation of streets and walkways; excavation for basements, footings, piers, or
foundations; erection of temporary forms; and installation of accessory buildings such
as garages.
Watercourse. Any body of water, including, but not limited to lakes, ponds,
rivers, streams, and bodies of water delineated by the City.
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Waterway. A channel that directs surface runoff to a watercourse or to the
public storm drain.
DIVISION 4. PROCEDURES
Sec. 102-333. Permit Required.
(a) A Site Development Permit shall be required for land-disturbing activities
that will uncover one acre or more of land. No land-disturbance may commence
on activities that require a Site Development Permit until the permit has been
issued by the City, except where allowed by this Article.
(b) No Site Development Permit shall be granted without an Erosion and
Sediment Control Plan approved by the Engineering Division or the Public Works
Operations Manager.
(c) No Site Development Permit is required for:
(1) Any emergency activity that is immediately necessary for the
protection of life, property, or natural resources; or
(2) Existing nursery and agricultural operations conducted as a
permitted main or accessory use; or
(3) Any land disturbance activity occurring on a site of less than one
acre.
(d) Each application for a Site Development Permit shall contain the following:
(1) The name(s) and address(es) of the owner(s) and developer(s) of
the site.
(2) The name(s) and address(es) of the licensed professional engineer
and/or consulting firm retained by the applicant and the name of the
applicant's principal contact at such firm.
(3) A Notice of Intent.
(4) An Erosion and Sediment Control Plan ("the Plan") that meets the
design requirements of this Article.
(5) A description of the nature of the project.
(e) Each application shall include a statement that any land clearing,
construction, or development involving the movement of earth shall be in
accordance with the Erosion and Sediment Control Plan and that Qualified
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Personnel (provided by the operator of the construction site) may be required to
be on site on all days when construction or grading activity takes place.
(f) Any developer, owner, or builder who fails to obtain the Site Development
Permit before beginning the subject project is in violation of this Article. In
addition to penalties which may be assessed in accordance with this Article, no
building permit, plat, site plan, or Certificate of Occupancy shall be issued for any
development or construction upon any land where such development or
construction is not in conformity with the requirements of this Article.
Sec. 102-334. Site Development Permit Review and Approval.
(a) The Engineering Division or the Public Works Operations Manager will
review each application for a Site Development Permit to determine its
conformance with the provisions of this Article. Within thirty (30) days after
receiving an application, the City shall, in writing:
(1) Approve the permit application; or
(2) Approve the permit application subject to such reasonable
conditions as may be necessary to secure substantially the objectives of
this Article, and issue the permit subject to these conditions; or
(3) Disapprove the permit application, indicating the reason(s) and
procedure for submitting a revised application and/or submission.
(b) Failure of the City to act on an original or revised application within thirty
(30) days of receipt shall authorize the applicant to proceed in accordance with
the plans as filed unless such time is extended by agreement between the
applicant and the City. Pending preparation and approval of a revised plan,
development activities may be allowed to proceed in accordance with conditions
established by the City.
Sec. 102-335. Erosion and Sediment Control Plan.
(a) The Erosion and Sediment Control Plan required to be submitted to the
City at the time of the application for the Site Development Permit and shall
include all of the following:
(1) Grading, erosion control practices, sediment control practices, and
watercourse crossings shall meet the BMP design criteria set forth in the
most recent edition of the integrated Storm Water Management Design
Manual for Construction ("iSWM Design Manual'), published and available
through North Central Texas Council of Governments ("NCTCOG"), the
Public Works Design Manual and shall be adequate to prevent
transportation of sediment from the site to the satisfaction of the City.
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(2) A natural resources map identifying soils, forest cover, and any
resources protected under the North Richland Hills City Code of
Ordinances.
(3) A sequence of construction of the development site, including
stripping and clearing; rough grading; construction of utilities,
infrastructure, and buildings; and final grading and landscaping.
Sequencing shall identify the expected date on which clearing will begin,
the estimated duration of exposure of cleared areas, areas of clearing,
installation of temporary erosion and sediment control measures, and
establishment of permanent vegetation.
(4) All erosion and sediment control measures shall use the BMP
necessary to meet the objectives of this Article throughout all phases of
construction and after completion of development of the site. Depending
upon the complexity of the project, the drafting of intermediate plans may
be required at the close of each season.
(5) Seeding mixtures and rates, types of sod, method of seedbed
preparation, expected seeding dates, type and rate of lime and fertilizer
application, and kind and quantity of mulching for both temporary and
permanent vegetative control measures.
(6) Provisions for maintenance of control facilities, including easements
and estimates of the cost of maintenance.
(7) Phasing shall be required on all sites disturbing greater than ten
(10) acres, with the size of each phase to be established at plan review
and as approved by the Engineering Division or the Public Works
Operations Manager.
(b) Modifications to the Erosion and Sediment Control Plan shall be
processed and approved or disapproved in the same manner as the original
Plan.
(c) Any minor field modifications or minor amendments to the plan must be
approved in writing by the Engineering Division or the Public Works Operations
Manage.
(d) Multi-Lot Subdivisions (2 or more lots)
(1) In addition to Sections 102-335(a)-(c), plans for multi-lot
subdivisions need to incorporate the following:
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a. Provisions which contemplate the relocation or modification
to the erosion control devices/measures while remaining effective
during individual lot development.
b. Provisions for future modifications to the plan which do not
allow sediment to travel from one individual lot to an adjoining lot.
(2) Upon approval of the engineer who designed the subdivision's
Storm Water Pollution Prevention Plan ("SWPPP"), individual lot
builders may use the subdivision's SWPPP when such use:
a. does not compromise the building construction on the individual
I ot;
b. does not compromise the remaining SWPPP for the balance of
the subdivision; and
c. modifications to the plan or the SWPPP are signed and sealed
by a professional engineer licensed in the State of Texas.
Sec. 102-336. Site Requirements for Construction Activities.
(a) All operators of construction sites, including sites involving clearing,
grading, and excavation activities, that result in the disturbance of one acre or
more of land shall comply with the requirements set forth in the most recent
version of the Public Works Design Manual and the following specific
requirements, in addition to obtaining a Site Development Permit:
(1) Clearing and Grading
a. Clearing and grading activities shall be done in such a
manner to prevent transportation of sediment from the site to the
satisfaction of the Engineering Division or the Public Works
Operations Manager.
b. Cut and fill slopes shall be no greater than 2:1, except as
approved by the Engineering Division or the Public Works
Operations Manager to meet other community or environmental
objectives.
c. Clearing and grading of natural resources, such as forests
and wetlands, shall not be permitted, except when in compliance
with all other chapters of this Code. Clearing techniques that retain
natural vegetation and drainage patterns shall adhere to the BMP
as set forth in the iSWM Design Manual, published and available
through NCTCOG.
Ordinance No. 3070
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d. Clearing techniques that retain natural vegetation and retain
natural drainage patterns shall be used to the satisfaction of the
Engineering Division or the Public Works Operations Manager.
e. Clearing, except that necessary to establish sediment control
devices, shall not begin until all sediment control devices have
been installed and have been stabilized.
(2) Erosion Control
a. Stabilization shall be completed within five (5) days of
clearing or inactivity in construction.
b. If seeding or another vegetative erosion control method is
used, it shall be established within two (2) weeks from the date
land-disturbing activities commence on the property. In the event
this timeline is not met, the Engineering Division or the Public
Works Operations Manager may require the site to be reseeded or
anon-vegetative erosion control method employed.
c. Special techniques that meet the design criteria outlined in
the iSWM Design Manual on steep slopes or in drainage ways shall
be used to ensure stabilization.
d. Soil stockpiles must be stabilized or covered at the end of
each workday.
e. Techniques shall be employed to prevent the blowing of dust
or sediment from the site.
f. Techniques that divert upland runoff past disturbed slopes
shall be employed.
(3) Sediment Control
a. Sediment controls shall be provided in the form of settling
basins, sediment traps, or tanks and perimeter controls.
b. Where possible, settling basins shall be designed in a
manner that allows adaptation to provide long term stormwater
management, if required by the Engineering Division or the Public
Works Operations Manager.
c. Adjacent properties shall be protected by the use of a
vegetated buffer strip in combination with perimeter controls.
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(4) Waterway and Watercourse Protection
a. A temporary stream crossing installed and approved by the
Engineering Division or the Public Works Operations Manager if a
wet watercourse will be crossed regularly during construction.
b. Stabilization of the watercourse channel before, during, and
after any in channel work.
c. On-site stormwater conveyance channels designed
according to the criteria outlined in the iSWM Design Manual.
d. Adequate stabilization to prevent erosion located at the
outlets of all pipes and paved channels.
(5) Construction site access requirements shall include a temporary
access road provided at all sites and any other measures required by the
Engineering Division or the Public Works Operations Manager in order to
ensure that sediment is not tracked onto public streets by construction
vehicles or washed into storm drains.
(b) All operators of construction sites, including sites involving clearing,
grading, and excavation activities, that result in the disturbance of less than one
acre of land shall employ the appropriate BMPs, as indicated in the Public Works
Design Manual [Section 1-08(J)(4)-(5)], such that sediment does not run off the
construction site(s).
Sec. 102-337. Inspection.
(a) The Engineering Division or the Public Works Operations Manager or
designated agent may make inspections, as hereinafter described, of any land
disturbance activities or work required to be performed in accordance with the
Site Development Permit regulations. Plans for grading, stripping, excavating,
and filling work bearing the stamp of approval of the Engineering Division or the
Public Works Operations Manager and the Plans shall be maintained at the site
during the progress of the work.
(b) The permittee shall notify the Engineering Division or the Public Works
Operations Manager at least two (2) working days before the following:
(1) Start of construction
(2) Installation of sediment and erosion measures
(3) Completion of site clearing
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(4) Completion of rough grading
(5) Completion of final grading
(6) Close of the construction season
(7) Completion of final landscaping
The Engineering Division or the Public Works Operations Manager or
designated agent shall make inspection of the above-listed work and
either shall approve that portion of the work completed or shall notify the
permittee wherein the work fails to comply with the Erosion and Sediment
Control Plan as approved.
(c) The permittee or Qualified Personnel provided by the permittee shall make
regular inspections of all control measures in accordance with the inspection
schedule outlined on the approved Erosion and Sediment Control Plan(s). The
purpose of such inspections will be to determine the overall effectiveness of the
Erosion and Sediment Control Plan and the need for additional control measures.
All inspections shall be documented in written form and submitted to the
Engineering Division or the Public Works Operations Manager or designated
agent at the time interval specified in the approved permit.
(d) The Engineering Division or the Public Works Operations Manager or
designated agent shall enter the property of the applicant as deemed necessary
to make regular inspections to ensure the validity of the reports filed in
accordance with this Section and to ensure compliance with the Plan and other
requirements of this Article.
Sec. 102-338. Enforcement.
(a) Stop-Work Order; Revocation of Permit; Citation. In the event that any
person conducting land disturbance activities and/or holding a Site Development
Permit pursuant to this Article violates the terms of the permit or other provision
of this Article, or implements site development in such a manner as to materially
adversely affect the health, welfare, or safety of persons residing or working in
the neighborhood or at the development site so as to be materially detrimental to
the public welfare or injurious to property or improvements in the neighborhood,
the Engineering Division or the Public Works Operations Manager may require all
construction activities to stop or suspend or revoke the Site Development Permit.
The city shall inspect the erosion control devices located at a site for compliance
with this Article and/or the approved Erosion and Sediment Control Plan (Final
Plan) submitted for such site(s). If a responsible party fails to implement or
maintain erosion control devices as indicated in this Article and/or specified in the
Ordinance No. 3070
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approved Final Plan, the City shall provide such party with written notice on
noncompliance identifying the nature of such noncompliance. The responsible
party shall have 24 hours to bring the erosion control devices into compliance
with this Article and/or the approved Final Plan for the site where the, violation
occurred. Modifications to the approved Final Plan may be required to maintain
all sediment on-site. Correction shall include sediment clean-up, erosion control
device repair, erosion control device maintenance, and/or installation of
additional erosion control devices in accordance with BMP to prevent re-
occurrence of the violation. The 24-hour cure period may be extended for
inclement weather or other factors at the discretion of the Engineering Division,
the Public Works Operations Manager or the Building Official. Other inspections,
including but not limited to Public Works public infrastructure inspections and the
Building Inspections Division inspections, shall be delayed until all erosion control
violations have been corrected and a re-inspection has been performed.
At the end of the 24-hour cure period, the City shall re-inspect the site. If at the
time of such re-inspection, the erosion control devices at the site have not been
brought into compliance with this Article and/or the approved erosion control
plan, the city may avail itself of any or all of the following, which shall not be
exclusive:
(1) Issue a stop work order.
(2) Revoke the erosion control permit.
(3) Issue a citation for each violation of this Article or the City's erosion
control requirements.
The stop work order may apply to all sites subject to the Site Development
Permit or may apply to specific sites, at the discretion of the Engineering
Division, the Public Works Operations Manager or the Building Official. To obtain
a re-inspection for removal of the stop work order, any fines shall be paid in full
and a request for such re-inspection shall be submitted to the Engineering
Division, the Public Works Operations Manager or the Building Official.
If any soil or material is deposited, by natural event or by an actor (property
owner, builder, permittee, or responsible party), on the right-of-way adjacent to a
residential lot or upon any adjacent lot, in violation of any provision of this section
or of any state statute regulating soil erosion, and the identity of the actor cannot
be determined, the owner or person in whose name the permit was issued is
presumed to be the person who caused or failed to prevent the deposit of soil or
material from a lot to the adjacent right-of--way or to an adjacent lot. This
presumption is rebuttable and shall have the effects and consequences set forth
in § 2.05 of the Texas Penal Code, and as it may be amended. The city records
relative to the permit are prima facie evidence of the contents of the record.
Ordinance No. 3070
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If the erosion control devices have been properly installed and maintained, but
the intent of this Article or the approved Final Plan (maintaining sediment on-site)
is not met, the property owner/responsible party shall take action within 24 hours
to control soil eroding from the site and clean up any sediment and shall have
one week to comply with this Article and/or submit a new Erosion and Sediment
Control Plan. Work may continue during the review period. Implementation of
BMP and/or this Plan will be required within 24 hours of the Plan's approval by
the Engineering Division, the Public Works Operations Manager or the Building
Official. If no Plan is submitted within one week, then construction activities shall
be halted until a new Plan is submitted and approved.
(b) Violation and Penalties.
(1) No person shall construct, enlarge, alter, repair, or maintain any
grading, excavation, or fill, or cause the same to be done, contrary to or in
violation of any term of this Article.
(2) Any owner of a site of construction activity, whether or not he/she is
an operator, is jointly and individually responsible for compliance with the
requirements in this Article.
(3) Any contractor or subcontractor on a site of construction activity,
who is not an owner or operator, but who is responsible under his/her
contract or subcontract, for implementing a best management practices
control measure, is jointly and individually responsible for any willful or
negligent failure on his/her part to adequately implement that control
measure.
(4) Any person violating any of the provisions of this Article shall be
deemed guilty of a misdemeanor and each day during which any violation
of any of the provisions of this Article is committed, continued, or
permitted, shall constitute a separate offense. Upon conviction of any
such violation, such person, partnership, or corporation shall be punished
by a fine of not more than $2,000.00 for each offense. In addition to any
other penalty authorized by this section, any person, partnership, or
corporation convicted of violating any of the provisions of this Article shall
be required to bear the expense of such restoration.
Sec. 102-339. Removal of Erosion Control Devices.
(a) Upon issuance of a certificate of occupancy and/or upon the
establishment of permanent ground cover on a lot, the developer, owner, or
builder shall submit a Notice of Termination to the TCEQ and a copy of such
Notice of Termination to the Engineering Division, the Public Works Operations
Manager or the Building Official.
Ordinance No. 3070
Page 13 of 14
(b) Upon submission of the Notice of Termination or upon request of the
Engineering Division, the Public Works Operations Manager or the Building
Official, all temporary erosion control devices shall be removed. Any erosion
control devices that remain on site will subject the property owner, builder,
permittee, or responsible party to the same fine and provisions indicated in
Section 102-338(b)(4)."
Section 2: Severability.
The provisions and sections of this ordinance shall be deemed to be separable, and the
invalidity of any portion of this ordinance shall not affect the validity of the remainder.
AND IT IS SO ORDAINED.
PASSED AND APPROVED this the 28th day of September, 2009.
~~~~~-
APP A O FOR AND LEGALITY:
Geor e A. tap s, tt rney
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APPROVED AS TO CONTENT:
Mi a Curtis, P.E., Managing Director
CITY OF TH C AND HILLS
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'<u' Oscar Tr ino, Mayor
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,City Secretary
Ordinance No. 3070
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