23-022 1 ORDINANCE NO. 23-022
2
3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
4 BOYNTON BEACH, FLORIDA, AMENDING THE LAND
5 DEVELOPMENT REGULATIONS ("LDRS"), CHAPTER 2, LAND
6 DEVELOPMENT PROCESS; ARTICLE VI "IMPACT AND SELECTED
7 FEES" TO AMEND SECTION 2 TO ADOPT A COMPREHENSIVE
8 IMPACT FEE SCHEDULE FOR POLICE FACILITIES; ADOPTING AN
9 IMPACT FEE STUDY FOR POLICE FACILITIES; AMENDING
10 SECTION 9 TO CREATE AN IMPACT FEE SCHEDULE FOR POLICE
11 FACILITIES; PROVIDING FOR CODIFICATION; PROVIDING FOR
12 SEVERABILITY; PROVIDING FOR CONFLICTS; AND PROVIDING
13 FOR AN EFFECTIVE DATE.
14
15 WHEREAS,The City of Boynton Beach,Florida(the"City")has recently enacted Ordinance No.
16 23-013, dated July 18, 2023 (the "Impact Fee Ordinance"), which updated and amended impact fees
17 relating to park and recreation facilities("Park Impact Fees"),provided for adoption of the 2023 Parks and
18 Recreation Impact Fee Study (the "Park Technical Report") prepared by Raftelis Financial Consultants,
19 Inc. (the "Consultants") dated May 19, 2023, established criteria and administrative procedures for
20 individual assessment of impact fees,refunds and collection of impact fees and amended Section 9 to create
21 an impact fee schedule for parks and recreation impact fees; and
22 WHEREAS The City does not currently charge impact fees for police capital facilities; and
23 WHEREAS, The City Commission retained the Consultants to study the need to impose impact
24 fees for police facilities("Police Impact Fees"); and
25 WHEREAS, The Consultant has prepared and presented to the City Commission a report titled,
26 "City of Boynton Beach 2023 Police Impact Fee Study," dated October 20, 2023 (hereinafter the "Police
27 Facilities Technical Report"),which establishes the proportionate share of new development's impacts on
28 the police facilities for which Police Impact Fees are to be imposed and collected; and
29 WHEREAS, the City of Boynton Beach's Comprehensive Plan establishes the policy that
30 incorporates a review process for assessing the adequacy of public services and facilities and does not
31 allow new development unless adequate public capital facilities exist or are assured; and
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32 WHEREAS,the City of Boynton Beach's Comprehensive Plan further establishes the policy that
33 new development is required to pay its proportionate share of required improvements for new or expanded
34 public capital facilities required by such development; and
35 WHEREAS, the City Commission has amended the Comprehensive Plan to include a Capital
36 Improvement Schedule for public facility improvements to serve new development subject to the payment
37 of impact fees; and
38 WHEREAS,pursuant to section 163.31801, Florida Statutes:
39 (a) the Police Facilities Technical Report and the Police Impact Fees recommended therein,are based
40 on the most recent and localized data; and
41 (b) the Impact Fee Ordinance included procedures for accounting and reporting of impact fee
42 collections and expenditures in order to ensure compliance with applicable legal standards; and
43 (c) the Impact Fee Ordinance included separate accounting funds for each public facility for which an
44 impact fee is collected; and
45 (d) administrative fees charged pursuant to the Impact Fee Ordinance for the collection of impact fees
46 are limited to actual costs; and
47 (e) the Impact Fee Ordinance requires audits of the City's financial statements to include an affidavit
48 of the City's chief financial officer stating that the requirements of section 163.31801, Florida
49 Statutes,have been complied with; and
50 (f) the Impact Fee Ordinance requires that the collection of the impact fee will not be required earlier
51 than the date of issuance of the building permit for the property that is subject to the fee; and
52 (g) the Police Facilities Technical Report demonstrates that the proposed Police Impact Fees are
53 proportional and reasonably connected to, or have a rational nexus with, the need for additional
54 capital facilities and the increased impact generated by new development, as described therein;
55 and
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56 (h) the Police Facilities Technical Report shows that the impact fees are proportional and reasonably
57 connected to,or have a rational nexus with,the expenditures of the funds collected from the Police
58 Impact Fees and the benefits accruing to new development; and
59 (i) the Impact Fee Ordinance specifically earmarks funds collected under the impact fee for use in
60 acquiring, constructing, or improving capital facilities to benefit new users and does not pay
61 existing debt or for previously approved projects unless the expenditure is reasonably connected
62 to, or has a rational nexus with, the increased impact generated by the new residential or
63 nonresidential construction; and
64 WHEREAS, in order to provide for the imposition and collection of the proposed Police Impact
65 Fees, it is necessary to amend the Impact Fee Ordinance to adopt and incorporate by reference the Police
G6 Facility Technical Report and to create a Police Impact Fee schedule; and
67 WHEREAS, the Police Impact Fees assessed pursuant to this Ordinance are necessary to ensure
68 the public health, safety, and welfare of the residents of the City of Boynton Beach.
69 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
70 OF BOYNTON BEACH,FLORIDA:
71 Section 1: The foregoing"WHEREAS"clauses are hereby ratified as being true and correct
72 and are hereby made a specific part of this Ordinance upon adoption hereof
73 Section 2: Part III, Land Development Regulations; Chapter 2, Land Development Process;
74 Article VI, Section 2, entitled"New Development Impact Fees" of the Code of Ordinances of the City of
75 Boynton Beach,is amended and restated to read as follows:
76 Sec. 2 New Development Impact Fees.
77 A. Procedural and Administrative Requirements
78 1. Purpose and Authority
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79 a. The City Commission of the City of Boynton Beach recognizes that growth and development
80 in the City will require that the capacity of the City's public facilities be expanded in order to
81 maintain adequate levels of service, and that without a funded program for public facility
82 improvements, new growth, and development will have to be limited in order to protect the
83 health, safety, and welfare of the citizens of the City of Boynton Beach.
84 b. The City Commission has completed a study studies establishing the type,amount,and cost of
85 projected public facility improvements needed to serve new growth and development.
86 c. The purpose of this Section is to ensure that new growth and development that is approved by
87 the City pays a fair share of the costs of public facilities needed to serve new growth and
88 development.
89 d. This Section, which requires new development to pay reasonable impact fees, requires new
90 development to pay its pro rata share of the reasonably anticipated expansion costs of new
91 public facilities created by new growth and development,which is the responsibility of the City
92 in order to carry out its Comprehensive Plan, as amended, and adopted under $sections
93 163.3161, et seq., Florida Statutes, and is in the best interest of the public health, safety, and
94 welfare.
95 e. The City Commission of the City of Boyton Beach has determined that it is in the best economic
96 interests of the citizens of the City to ensure that certain forms of development be exempt from
97 the requirements of payment of certain impact fees.
98 f. The technical data, findings,and conclusions herein are based on the Comprehensive Plan, as
99 amended, and the Technical Reports.
100 2. Adoption of Technical Reports as Basis of Impact Fees.
101 a. The City hereby adopts and incorporates by reference; the report entitled "City of Boynton
102 Beach 2023 Parks and Recreation Impact Fee Study," prepared by Raftelis Financial
103 Consultants, Inc.,and-dated May 19,2023 (referred to herein as the"Park Facilites Technical
104 Report"), which, among other things, supports the amounts and reasonableness of the Park
105 impact fees imposed by this Article.
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106 b. The City hereby adopts and incorporates by reference the report entitled "City of Boynton
107 Beach Police Impact Fee Study," prepared by Raftelis Financial Consultants, Inc., dated
108 October 20,2023 (referred to herein as the "Police Facilities Technical Report," and together
109 with the Park Facilities Technical Report,the"Technical Reports"),which,among other things,
110 supports the amounts and reasonableness of the Police impact fees imposed by this Article.
111 3. Interpretations of Sections and fee schedule.
112 Interpretation of the provisions of this Section shall be made by the City Manager or the City
113 Manager's designee.
114 4. Effect on other regulations and requirements.
115 a. This Section may not be construed to alter, amend, or modify any other provision of the City's
116 LDRs and Code of Ordinances. Other provisions of the City's LDRs and Code of Ordinances
117 shall be operative and remain in full force and effect notwithstanding any contrary provisions,
118 definitions,or intentions that are or may be expressed or implied in this Section.
119 b. The payment of impact fees shall not entitle the applicant to a building permit unless all other
120 applicable land use, land development, zoning, planning, concurrency, and other applicable
121 requirements, standards, and conditions have been met. Such other requirements, standards,
122 and conditions are independent of the requirement for payment of impact fees required by this
123 Section.
124 c. This Section,including the specific impact fee ordinances for particular public facilities, shall
125 not affect, in any manner,the permissible use of property,density or intensity of development,
126 design and improvement standards,or other applicable standards or requirements of the LDRs.
127 B. Definitions
128 Article II,of Part III of the LDRs entitled Definitions and general rules of construction shall apply
129 to this Article. However,the following words,terms,and phrases,when used in this Section,shall
130 have the meanings ascribed to them in this subsection,except where the context clearly indicates a
131 different meaning:
132 Alternate park impact fee shall mean the alternate to the parks and recreation impact fee
133 pursuant to Section 9 of Article VI of the LDRs.
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134 City park system shall include all parks and recreation facilities owned and operated by the
135 City and designed and intended to serve all City residents, including active parks, passive parks,
136 water access sites, and associated recreational facilities and buildings, but does not include those
137 parks and recreational facilities that are owned and operated by any private entity, the federal
138 government, or Palm Beach County or those parks and recreational facilities that are owned and
139 operated by the State of Florida.
140 City police department shall include police headquarters, other associated facilities, and
141 buildings owned and operated by the City and also includes police vehicles and equipment used in
142 connection with the performance of police duties, including communication, detection,
143 surveillance,defense, and detention,but does not include those police facilities that are owned and
144 operated by the federal government, State of Florida or Palm Beach County.
145 Developer shall mean a person,corporation,organization,or other legal entity undertaking
146 development.
147 Development shall mean any new residential or nonresidential construction or expansion
148 of building(s) or structure(s), or any changes in the use of any building(s) or structure(s) or land
149 use that will generate additional impact on the City's public facilities.
150 Encumbered shall mean legally obligated or otherwise committed to use by appropriation
151 or contract.
152 Fair share shall mean that share or portion of the cost of public facility improvements
153 which is reasonably connected to, or has a rational nexus with, the need for additional capital
154 facilities and the increased impact generated by the new residential or commercial construction.
155 Fee payer shall mean a person undertaking development who pays a fair share impact fee
156 in accordance with the terms of this Section.
157 Impact fee shall mean a fee imposed pursuant to this Section,including park and recreation
158 impact fees and police impact fees.
159 Impact fee account shall mean an account established by the City for the purpose of
160 segregating impact fee revenues collected for a particular public facility from all other City funds.
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161 Infrastructure means a fixed capital expenditure or fixed capital outlay,excluding the cost
162 of repairs or maintenance, associated with the construction, reconstruction, or improvement of
163 public facilities that have a life expectancy of at least 5 years; related land acquisition, land
164 improvement, design, engineering, and permitting costs; and other related construction costs
165 required to bring the public facility into service. The term also includes a fire department vehicle,
166 an emergency medical service vehicle, a police department vehicle, and the equipment necessary
167 to outfit the vehicle for its official use.
168 Level of service is a measure of the availability and accessibility of public facilities in
169 support of public facility services.
170 Non-commencement shall mean the cancellation of construction activity making a material
171 change in a structure; or the cancellation of any other development activity making a material
172 change in the use or appearance of land.
173 Parks and recreation facilities shall mean the land, buildings, structures, equipment, and
174 facilities as may be necessary to meet the needs€erof the City parks and recreation system, which
175 are created by new development, including those costs whichthat are incidental to the above.
176 Parks and recreation facilities capital costs include, but are not limited to, capital costs
177 associated with the planning, design, and construction of new or expanded parks and recreation
178 facilities, which have a life expectancy of five or more years, and the land acquisition, land
179 improvement, design, and engineering related thereto. Such costs do not include routine and
180 periodic maintenance expenditures or personnel, training, or other operating costs, but do include
181 the following as they relate to the provision of parks and recreation facilities:
182 (1) The cost of all labor and materials;
183 (2) The cost of all lands,property,rights, easements,and franchises acquired, including costs
184 of acquisition or condemnation;
185 (3) The cost of all plans and specifications;
186 (4) The cost of new equipment;
187 (5) The cost of all construction,new drainage facilities in conjunction with new buildings and
188 structures, and site improvements required in accordance with the Comprehensive Plan
189 and/or LDRs;
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190 (6) The cost of relocating utilities to accommodate new construction;
191 (7) The cost of planning, engineering,and legal services;
192 (8) The cost of all land surveying,and soils and materials testing; and
193 (9) The cost of mitigating negative impacts of construction,including natural resource impacts,
194 environmental impacts,noise impacts,air quality impacts, and community impacts.
195 Park and recreation impact fee shall mean impact fees relating to park and recreational
196 facilities.
197 Park facilities(Technical report shall mean the "City of Boynton Beach 2023 Parks and
198 Recreation Impact Fee Study,"prepared by Raftelis Financial Consultants, Inc., and dated May
199 19, 2023.
200 Police facilities shall mean the land,buildings,structures,equipment,and facilities as may
201 be necessary to meet the needs for the provision of police services at the same level of service,
202 which are created by new development,including those costs that are incidental to the above.
203 Police facilities technical report shall mean the"City of Boynton Beach Police Impact Fee
204 Study,"prepared by Raftelis Financial Consultants,Inc.,and dated October 20, 2023.
205 Police facilities capital costs include, but are not limited to, capital costs associated with
206 the planning, design, and construction of new or expanded police facilities, which have a life
207 expectancy of five or more years, and the land acquisition, land improvement, design, and
208 engineering related thereto. Such costs do not include routine and periodic maintenance
209 expenditures or personnel, training, or other operating costs, but do include the following as they
210 relate to the provision of police facilities:
211 (1) The cost of all labor and materials;
212 (2) The cost of all lands, property, rights, easements, and franchises acquired,
213 including_costs of acquisition or condemnation;
214 (3) The cost of all plans and specifications;
215 (4) The cost of new equipment;
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216 (5) The cost of all construction, new drainage facilities in conjunction with new
217 buildings and structures, and site improvements required in accordance with the Comprehensive
218 Plan and/or LDRs;
219 (6) The cost of relocating utilities to accommodate new construction;
220 (7) The cost of planning, engineering,and legal services;
221 (8) The cost of all land surveying,and soils and materials testing; and
222 (9) The cost of mitigating negative impacts of construction,including natural resource
223 impacts,environmental impacts,noise impacts,air quality impacts,and community impacts.
224 Police impact fee shall mean impact fees relating to police facilities.
225 Public facilities shall mean means major capital improvements, including, parks and
226 recreational facilities and police facilities for which impact fees are collected pursuant to this
227 Article.
228 Public facilities capital costs include parks and recreation facilities capital costs and police
229 facilities capital costs.
230 Technical Reports shall mean collectively,the park facilities technical report and the police
231 facilities technical report.
232 . . .
233 E. Individual assessment of impact fees.
234 1. Any applicant,prior to or in conjunction with the submission of an application for a building permit
235 or within 30 days of the date of payment of impact fees, may petition the City Manager or City
236 Manager's designee for a determination that: i) the type of impact fee (park impact fee or police
237 impact fee),the amount of the impact fees imposed on the new development is inappropriate based
238 on the specific land use category applied to the residential or nonresidential development and/or
239 based on the amount of development used to calculate the impact fees and/or based on the service
240 units,as identified in the Technical Reports,to be generated by the applicant's new development as
241 documented by studies and data supported by qualified experts,or ii)the impact fees are otherwise
242 unlawfully imposed.The petition shall specify in detail the basis on which the applicant asserts that
243 the amount of the impact fees is inappropriate or unlawful.
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244 . . .
245 I. Updating,indexing, annual reporting,and audits.
246 1. At least once every five years,the City shall update the Technical Reports which provides the basis
247 for the impact fees imposed under this Section.
248 2. Audits of the City's financial statements, which are performed by a certified public accountant
249 pursuant to F.S. §218.39,and submitted to the auditor general,must include an affidavit signed by
250 the Finance Director, in compliance with the requirements of F.S. §163.31801. The City will
251 provide for annual accounting and reporting of impact fee collections and expenditures and will
252 account for the revenues and expenditures of such impact fee in a separate accounting fund.
253 3. All updates and annual adjustments to this Section shall comply with statutory requirements for
254 notice and publication.
255 Section 3: Part III, Land Development Regulations; Chapter 2, Land Development Process;
256 Article VI,Section 9,entitled"Imposition of impact fees"of the Code of Ordinances of the City of Boynton
257 Beach,is amended and restated as follows:
258 Sec. 9. Imposition of impact fees.
259 The following impact fees are hereby levied on all new development, as set forth in Section 2(C)
260 of Article VI of the LDRs:
261 A. Parks and recreation impact fee.
Type of Dwelling Unit Impact Fee Per Dwelling Unit Impact Fee Per Dwelling Unit
10-16-2023 10-16-2024
Single Family per Unit $1,920.00 $2,560.00
Dwellings w/2-4 Units $1,725.00 $2,299.00
Multifamily 5+Units $1,436.00 $1,914.00
262
263 . ': -. . .. .
264 1. A parks and recreation impact fee shall be assessed and collected from new development,
265 pursuant to all applicable provisions of this Article,in accordance with the fee schedule.
266 2. There is hereby established a parks and recreation impact fee account into which all parks and
267 recreation impact fees collected shall be deposited. Parks and recreation impact fee revenues
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268 shall be spent only on parks and recreation facilities and parks and recreation facilities capital
269 costs as provided in this Section.
270 3. Alternate to parks and recreation impact fee:
271 a. Land Donation in lieu of impact fee. Some or all of the park and recreation facilities impact
272 fee obligation may be satisfied by dedication of land to the city for park and recreation
273 facilities. The process of donation may be initiated by the applicant or the city upon the
274 formal filing of a development application and prior to the completion of staff reviews.
275 When staff anticipates the need for a land dedication in lieu of an impact fee, staff shall
276 notify the property owner/applicant at the pre-application conference. Staffs notification
277 to the property owner/applicant shall include a statement that only the City Commission
278 has the authority to decide when a land dedication will be required in lieu of the payment
279 of the impact fee. In either case, the decision to accept land in lieu of a fee is reserved to
280 the City Commission.
281 b. Master or Site Plan.When either an applicant or the city proposes a land dedication in lieu
282 of all or part of the required cash fee, the applicant shall submit to the Director of Parks
283 and Recreation a proposed plan for the dedication of land for impact fee satisfaction. The
284 proposed plan shall include a legal description of the land and a written appraisal of the
285 land,along with a proposed date for the donation of the land.Upon receipt of the proposed
286 plan, the Director of Recreation and Parks shall schedule a hearing before the City
287 Commission and provide the applicant with written notice of the time and place of the
288 hearing. Such hearing shall be held in accordance with the City Commission rules for
289 conducting quasi-judicial hearings. The City Commission, following a written
290 recommendation from the Director of Parks and Recreation and the City Manager, shall,
291 following the public hearing,determine whether it shall require a land dedication in lieu of
292 a fee by consideration of the following:
293 (1) Suitability.The land should be suitable for future park and recreation facilities based
294 upon the size, shape, topography, geology, access, and location of the proposed
295 development;
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296 (2) No Defects.The land must have no known physical or environmental problems such
297 as with drainage or flooding, or on-site safety hazards associated with it; and
298 (3) Consistency. The location of the land and its potential for development should be
299 consistent with the city's Recreation and Parks Strategic Plan
300 c. Approval. Nothing contained herein should be construed to prevent the City Commission
301 from exercising its authority to decline the donation of land as partial or full satisfaction of the
302 parks and recreation impact fee.
303 d. Fair Market Value.The fair market value of said land dedicated in lieu of a cash fee will be
304 credited to the applicant against the impact fee as set forth in this section. If the fair market
305 value exceeds the applicant's impact fee obligation, the reimbursement will be made to the
306 applicant by direct cash payment from the trust fund.
307 e. Appraisal. The value of the proposed land to be dedicated shall be based upon a written
308 appraisal of fair market value by a qualified and professional appraiser; and based upon
309 comparable sales of similar property between unrelated parties in a bargaining transaction, if
310 available.The appraiser must:be a Member of the Appraisal Institute(M.A.I.); have his or her
311 principal office for business in Martin, Palm Beach, or Broward County; and have been
312 qualified to testify as an expert on land valuation in a court proceeding in at least three(3)legal
313 proceedings involving a governmental entity. The fee of the appraiser shall be paid by the
314 applicant when a dedication in lieu of a cash fee is requested by the applicant and by the city
315 when the dedication in lieu of a cash fee is initiated by the city.
316 B. Police impact fee.
317 (Remainder of the Page intentionally left blank)
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325 POLICE IMPACT FEES
DESCRIPTION UNIT OF MEASURE FEE
Residential
Single-family Dwelling Unit $450.00
Multi-family—Buildings with 2—4 Units Dwellin. Unit $416.00
Multi-family-Buildings with 5+Units Dwelling Unit $365.00
Non-residential
Commercial 1,000 Sq.Ft. $650.00
Hotel and Motel Per Room $349.00
Office and Healthcare 1,000 Sq.Ft. $227.00
Institutional 1,000 Sa.Ft. $ 56.00
Industrial/Warehousing 1,000 Sq.Ft. $ 24.00
326
327 [1] Should none of the above land uses adequately define a proposed non-residential development as determined
328 by the City Manager, at the Manager's discretion the following average charge per square foot of non-
329 residential development is considered appropriate:$434.00 per 1.000 sq.Pt.
330
331 1. A police impact fee shall be assessed and collected from new development,pursuant to all
332 applicable provisions of this Article,in accordance with the fee schedule above.
333 2. There is hereby established a police impact fee account into which all police impact fees
334 collected shall be deposited. Police impact fee revenues shall be spent only on police
335 facilities and police facilities capital costs as provided in this Section.
336
337 Section 4: Codification. It is the intention of the City Commission of the City of
338 Boynton Beach, and it is hereby ordained that the provisions of this Ordinance shall become and be made
339 a part of the Code and Ordinances of the City of Boynton Beach,Florida,and that Sections of this Ordinance
340 may be renumbered,re-lettered and the word"Ordinance"may be changed to"Section,""Article,"or such
341 other word or phrase in order to accomplish such intention.
342 Section 5: Severability. If any clause, section, or other part of this Ordinance shall be held
343 by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid
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344 part shall be considered as eliminated and in no way affecting the validity of the other provisions of this
345 Ordinance.
346 Section 6: Conflicts. That all Ordinances or parts of Ordinances, Resolutions, or parts
347 of Resolutions in conflict herewith;be and the same are repealed to the extent of such conflict.
348 Section 7. Effective Date. That this Ordinance shall take effect 90 days after adoption and
349 signature by the Mayor.
350 FIRST READING this 5th day of December, 2023.
351 SECOND, FINAL READING AND PASSAGE this I lay of-D2CP,n (2023.
352 CITY OF BOYNTON BEACH, FLORIDA
353 YES _ NO
354 �//
355 Mayor-Ty Penserga /
356 ,/
357 Vice Mayor- Thomas Turkin l
358 ✓
359 Commissioner-Angela Cruz
360
361 Commissioner-Woodrow L. Hay
362L. /
363 Commissioner-Aimee Kelley
364
365 VOTE S -0
366 AT = T:
367 368 I O 'O / 0_r
369 Mayle: D• -sus, MMC Ty
370 City C e' Mayor
371 =yN1GN ec•‘
372 ;'QAC;QORA'rf'•.• n‘t,� APP OVED AST FO
373 (Corporate Seal 0.' '•
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374 � �. $1°0%;091 Aiiiixtc'etmb
375 %c •) \A-
II
2O Shawna G. Lamb
376 ��� • 19 City Attorney
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