HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 03/01/2022 - SECOND READING OF ORDINANCE NO. 019, 2022, AMENDIN Agenda Item 7
Item # 7 Page 1
AGENDA ITEM SUMMARY March 1, 2022
Environmental Services
STAFF
Katy McLaren, Lead Climate Specialist
Molly Saylor, Senior Sustainability Specialist
Judy Schmidt, Legal
SUBJECT
Second Reading of Ordinance No. 019, 2022, Amending Article XIII, Chapter 12 of the Code of the City of Fort
Collins, Regulating Disposable Bags and Mitigating Other Sources of Single Use Plastic Pollution.
EXECUTIVE SUMMARY
This Ordinance, unanimously adopted on First Reading on February 15, 2022, adopts amendments to
Ordinance No. 026, 2021, which bans distribution of plastic bags and imposes a disposable bag fee on paper
bags provided by large grocers, to (the “Disposable Bag Ordinance”). These amendments are intended to
clarify and align certain provisions of the Disposable Bag Ordinance with the Plastic Pollution Reduction Act
(C.R.S. Section 25-17-501 et seq.) subsequently adopted by the Colorado Legislature.
The amendments included in this Ordinance will:
• Maintain timeline for bag changes for large grocers (effective May 1, 2022);
• Adopt the State’s policy that charges a 10-cent fee per paper bag;
• Adopt the State’s policy that splits the paper bag fee revenue 60-40 (City-grocer);
• Maintain the City’s existing exemption for all income-qualified program recipients;
• Allow further exemptions and exceptions to be developed and granted via administrative rule with notice to
Council before such exemptions become effective;
• Align definitions to the State’s policy, either by adopting the exact wordin g or by aligning to the intent of the
definition in cases where the policies are structured differently; and
• Update and align other non-substantive elements of the local Ordinance.
STAFF RECOMMENDATION
Staff recommends adoption of Ordinance on Second Reading.
BOARD / COMMISSION RECOMMENDATION
Minutes from the Economic Advisory Board and the Natural Resources Advisory Board have been included
with second reading since they were not available on first reading. (Attachment 2)
ATTACHMENTS
1. First Reading Agenda Item Summary, February 15, 2022 (w/o attachments) (PDF)
2. Economic Advisory Board and Natural Resources Advisory Board Minutes (excerpted) (PDF)
3. Ordinance No. 019, 2022 (PDF)
Agenda Item 22
Item # 22 Page 1
AGENDA ITEM SUMMARY February 15, 2022
City Council
STAFF
Molly Saylor, Senior Sustainability Specialist
Katy McLaren, Lead Climate Specialist
Judy Schmidt, Legal
SUBJECT
First Reading of Ordinance No. 019, 2022 Amending Article XIII, Chapter 12 of the Code of the City of Fort
Collins, Regulating Disposable Bags and Mitigating Other Sources of Single Use Plastic Pollution.
EXECUTIVE SUMMARY
The purpose of this item is to consider adoption of amendments to Ordinance No. 026, 2021, which bans
distribution of plastic bags and imposes a disposable bag fee on paper bags provided by large grocers, to (the
“Disposable Bag Ordinance”). These amendments are intended to clarify and align certain provisions of the
Disposable Bag Ordinance with the Plastic Pollution Reduction Act (C.R.S. Section 25-17-501 et seq.)
subsequently adopted by the Colorado Legislature.
The amendments included in this Ordinance will:
•Maintain timeline for bag changes for large grocers (effective May 1, 2022);
•Adopt the State’s policy that charges a 10-cent fee per paper bag;
•Adopt the State’s policy that splits the paper bag fee revenue 60-40 (City-grocer);
•Maintain the City’s existing exemption for all income-qualified program recipients;
•Allow further exemptions and exceptions to be developed and granted via administrative rule with notice to
Council before such exemptions become effective;
•Align definitions to the State’s policy, either by adopting the exact wording or by aligning to the intent of the
definition in cases where the policies are structured differently; and
•Update and align other non-substantive elements of the local Ordinance.
STAFF RECOMMENDATION
Staff recommends adoption of Ordinance on First Reading.
BACKGROUND / DISCUSSION
Reducing Plastics Pollution is an adopted Council Priority, which aligns with the community’s goal to produce
zero waste by 2030 as well as the goal to sustain and improve the health of the Cache la Poudre River and
watershed. Reducing plastic pollution by implementing the Fort Collins Disposable Bag Ordinance is an Our
Climate Future strategy in support of the Zero Waste Neighborhoods Big Move.
Past Council Action
•2020-2021 - Council identified mitigating plastic pollution as a priority and worked with staff over the course
of 2020 to craft the Disposable Bag Ordinance (Ordinance No. 026, 2021) which was adopted February 16,
2021 and affirmed by voters on April 6, 2021. All Council materials are inventoried at
<https://ourcity.fcgov.com/plastics>.
ATTACHMENT 1
COPY
Agenda Item 22
Item # 22 Page 2
• January 25, 2022 - Work Session to present staff recommended changes to the Disposable Bag Ordinance
based on recent community engagement and to increase alignment between the City Ordinance and the
State of Colorado Plastic Pollution Reduction Act.
Overview of Disposable Bag Updates
Figure 1. Proposed changes to align and amend the Disposable Bag Ordinance to be complementary to State policy and
maintain local focus on equity and timing.
Additional details on the context of these recommendations are included in the Council materials from the
https://www.fcgov.com/cityclerk/agendas.php and in Attachment 1.
Next Steps
Staff anticipates the following next steps:
• Continue supporting early roll-out with grocers and stakeholders (Feb);
• Council consideration of updated Ordinance on Feb 15 and March 1;
• Continue exploring partnership opportunity with People First and innovative approaches, such as bag banks,
to support the community through these changes;
• Launch community-wide communications and outreach campaigns (Mar-Apr);
• Ordinance goes into effect May 1, 2022;
• Continue checking in with grocers and disproportionately impacted stakeholders (May-ongoing); and
• Per the January 25 Work Session, the City Manager will notify Council prior to any administrative changes
related to exemptions (ongoing).
BOARD / COMMISSION RECOMMENDATION
While the Natural Resources and Economic Advisory Boards did not make a formal motion, both did note support
for direction of the work. Draft meeting minutes that summarize the conversation will be included with Second
Reading.
PUBLIC OUTREACH
Public outreach on changes to the Disposable Bag Ordinance are summarized in Attachment 2.
ATTACHMENTS
1. Staff Recommended Changes (PDF)
2. Stakeholder Engagement (PDF)
3. Powerpoint Presentation (PDF) COPY
ECONOMIC ADVISORY BOARD
TYPE OF MEETING – REGULAR
January 19, 2022 4:00 - 6:00 pm
via Zoom
1.CALL TO ORDER
4:00pm
2.ROLL CALL
•List of Board Members Present
o John Parks
o Renee Walkup
o Thierry Dossou
o Blake Naughton
o Denny Coleman
o Aric Light
o Mistene Nugent
o Jeff Havens
o Braulio Rojas
3.Plastic Bag Update
•Presentation – Molly Saylor – 10 minutes
o Working on plastic pollution is a city council priority and is in our city’s
strategic plan. The program is funded by bag fee revenue of about
$120k in 2022. This strategy also supports an Our Climate
Future alignment as a move towards zero waste.
o In developing Our Climate Future, we learned that more renewing,
recycling, and composting was one of the big priorities of our
BIPOC community in FC. So, we know that this is an important
place to be working, especially working within equity.
o This work specifically is centering community and equity. It centers
community by making the plastic bag fee revenue available for things
that the community might want to lead or co-lead with our city. We are
also centering equity by partnering with historically underrepresented
groups including people living with a disability.
o The Bag Ordinance was passed by City Council in February 2021 and
was affirmed by voters in April 2021. It will become effective on May 1,
2022, and ban plastic bags at large grocers (over 10k square feet).
Paper bags will then be available for purchase for 12 cents. Half of the
12-cent fee will go to the grocers, and the other half will go to the city.
The fee that goes to the city will go to waste reduction measures.
Note that participants of federal, state, and local income-qualified
programs will be exempt from this fee if they can present a current
benefit card.
o Since Council adoption and voter approval, we’ve seen:
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ATTACHMENT 2
ECONOMIC ADVISORY BOARD
TYPE OF MEETING – REGULAR
o The Colorado Plastic Pollution Reduction Act passed.
o Engagement and collaboration with grocers
and disproportionately impacted groups.
o A lead sustainability specialist hired to manage this ordinance as well as the programs that it generates via the
applied fees.
o Just sent out first wave of reusable bags to 1,300 low and
moderate-income households, including some tips on how else
folks can start getting ready for the change in May. More
households will be receiving bags this winter and spring.
• Had opportunity to get deep engagement with stakeholders including all
15 large grocers, several disproportionately affected communities
(seniors, low-moderate income, disabilities). Largely, people are ready
to go. Some have expressed support, but need some tips, guidance, or
information before they’re “ready to go.” Grocers fit into these first two
categories. There are some concerns, though. These took the form of
dislike of the regulation or aspects of it, such as the fee, or imposition
of new barriers on people with disabilities or other types of hardships
(like chronic long-term illnesses). Some community members are
unable to shop in stores, so they would have no choice but to pay that
reusable bag fee.
o These stories are considered in plans for materials that are
given out before the ordinance, into the communication
planning, storyboarding, and into recommendations to City
Council about how to adapt the ordinance.
o Engagement will be ongoing rather than “dip in, dip out.” They
will continue to check in with people as time goes on since
people can’t predict how things will go.
• The Colorado Plastic Pollution Reduction Act Timeline
o 2023 - All retailers to charge 10-cents per plastic or paper bag (with some exemptions). 60-40 City-grocer split.
o 2024 – Plastic bags banned (fee on paper bags maintained);
Styrofoam food containers banned at retail food establishments.
• Staff Recommended Changes
o Timeline - Maintain the timeline. By tackling the grocers where
most of the plastic bags are coming from, we can learn a lot of
lessons to help the rest of the community transition over as
the
01/19/2022 – AGENDA Page 8
ECONOMIC ADVISORY BOARD
TYPE OF MEETING – REGULAR
state’s bill comes into effect.
o Fees -- Adopt the state’s fee (10 cents) and split (60-40
City- grocer). This is the same revenue from the city
perspective. Grocers support this decision so the State can
be aligned.
o Exemptions - Maintain the exemption for all income-qualified
programs (State is more focused on food-based assistance
programs. FC will keep the broader exemption) but allow
administrative rules for all other exceptions (if we encounter
disproportionate barriers, we want to be able to act on
opportunities to remove them).
o Definitions – Align to State definitions and clean up other non-
substantive elements, as identified by Staff.
• Next Steps & Timeline
o Planning details of the roll-out with grocers and community
members. Goal is to make everything clear and as easy as
possible for everyone who shops.
o Based on Council feedback, we may bring back an updated
ordinance draft. The new draft would require council
consideration.
o March and April will be about community-wide communications
and outreach.
o Ordinance goes into effect on May 1st, and we will continue
checking in with grocers and disproportionately impacted
stakeholders.
Discussion – 20 minutes – Board
• Q (Renee) Notes that someone buying few items will automatically be
given a bag and that employee-packers will pack inefficiently and
overuse bags. What is the training plan that sees that the stores will
implement these plans? What is the communication plan at the stores?
Will there be signage reminding people to bring their bags in?
o A (Molly) State language requires that grocers provide signage
alerting customers will be charged for paper bags. Additionally,
grocers will also be required to create a Fee Revenue Plan
(fee revenue cannot be treated as general revenue) that
applies to either recovering fees attributed to this ordinance or
towards further reducing plastic waste/ increase recycling. A
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ECONOMIC ADVISORY BOARD
TYPE OF MEETING – REGULAR
recommended application of this income is additional signage in
parking lot (if they own it) to remind customers to take in their
bags.
An additional step in getting grocers prepared has
been a series of conversations with grocery store
employees on how to work together to make sure
everyone has what they need. A major concern was
that cashiers are the “front line” of enforcing this
mandate and take most of the heat from unhappy
customers. QR being created for customers to scan
and send feedback to us.
o We are working on the training element. There are some lines
where we’re city staff and it’s not our business, but customer
feedback to baggers when customers are responsible for
paying for the bags will likely correct those wasteful bagging
behaviors. Some grocers will also allow pick-up customers to
choose whether they’d like their groceries bagged or not.
• Q (Jeff) If the State is planning on making all plastic bags banned in the
upcoming years, why aren’t we taking steps towards doing the same
thing now? You’re doing a lot of work for 15 locations now, and next
year you’ll have to do the same work for 100 locations. Why not prepare
everyone now?
o A (Molly) Grocers is where most bags come from, so tackling
this now will get us most of the way there. This is also a great
learning opportunity to test and see what works and
understand how to message this to the community and we’ll be
better poised for a smooth transition in the future.
o Comment (Thierry) A good strategy here is “nail it and scale
it.” Since this is state-wide policy, the success is really the
communication. Reach out to a group of people, work with
them, and learn what worked and what didn’t work, then
apply to other stores sounds like a great strategy to me.
• Comment (Braulio) Thinks this is a great project and overdue. This will
be difficult because we are changing people’s behaviors. We all grew up
without thinking about bags because they were always available. People
change behaviors when there’s a financial impact. I don’t see another
way to do it but to charge for their behavior.
• Q (Braulio)Another element that people can include is a third option to
buy a bag that is non-plastic for a little bit more money. Maybe the City
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ECONOMIC ADVISORY BOARD
TYPE OF MEETING – REGULAR
could create bags as a non-profit project.
o A (Molly) We are doing something like that. Plastic will be
outright banned, but we will be making paper bags available for
10 cents. We still want to discourage paper because, while
better for the environment than plastic, still has it’s own cost to
the climate (greenhouse gas). We are also giving other options
such as, put items directly into cart and take cart out to car.
• Comment (Braulio) Notes that this could provide an incentive for
store owners to profit from people forgetting their bags and having to
buy them.
• Comment (Jeff) Some stores also offer reusable bags for sale at
checkout so customers can pay a few dollars for a reusable bag rather
than 10 cents for a paper bag that they’ll never use again.
• Q (John) Recalls a previous presentation stated that 15 stores create
10 million bags in a year. That must be a big impact when it goes from
a net cost to a net revenue source. Mentions that Ireland in the early
2000 had a nation-wide plastic bag removal and had a huge positive
messaging campaign “keep Ireland green” that had the whole public
behind it. Encourages Fort Collins to follow suit with a positive
campaign in advance of the ordinance (e.g. “we’re keeping FC green.”
or “we are keeping 10 million bags out of landfills.”) Suggests avoiding
negative connotation.
NATURAL RESOURCES ADVISORY BOARD
TYPE OF MEETING – REGULAR
January 19, 2022 6:00 – 8:00 pm
Via Zoom
CALL TO ORDER
6:01 pm
ROLL CALL
• List of Board Members Present -
− Danielle Buttke – Chair
− Barry Noon
− Dawson Metcalf
− Hillary Mizia
− Kevin Krause – Vice Chair
− Victoria McKennon – New Member
• List of Board Members Absent – Excused or Unexcused; if no contact with Chair
has been made
− Samantha Williams
− John Skogman
− Avneesh Kumar – New Member
a. Disposable Bag Ordinance Review – Molly Saylor, Lead Specialist, provided an
overview of proposed changes to the Fort Collins' Disposable Bag Ordinance
(May 2022 start date) in the context of the State's recent plastic-focused Bill
(HB21-1162).
− Discussion | Q + A
− Danielle – Q - Does the state ordinance apply to only businesses of a
certain size? – A - Yes, the state plastic bag ordinance exempts all
Colorado retailers that have 3 locations or less.
− Danielle – Q - Given that microplastics make up a large portion of plastic
pollution, how can we link this to Our Climate Future (OCF) and our
active modes plans to address this issue? – A - Microplastics can be
really difficult to manage in some cases, such as tire erosion, but we are
hoping to build off this ordinance to develop a larger plastic pollution plan
moving forward. Hillary noted this could be a great educational
opportunity for community members about wider plastic pollution issues.
− Hillary – Q – What kind of reusable bags will be modeled and provided,
and are they durable? – A – The city will distribute sturdy, 100% cotton
bags and the ordinance itself details how much weight the bag should be
able to carry, etc. We are encouraging people to use whatever reusable
bags they may already own as opposed to buying new cotton bags to
avoid further waste.
− Danielle – Q – Given the fast turn-around for this plan and especially the
composting decisions, will there be an opportunity to chat before the April
12th Work Session? – A – Yes, the team would love to engage again with
the board between now and then.
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ORDINANCE NO. 019, 2022
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING ARTICLE XIII, CHAPTER 12 OF THE CODE OF THE CITY OF
FORT COLLINS, REGULATING DISPOSABLE BAGS AND MITIGATING
OTHER SOURCES OF SINGLE USE PLASTIC POLLUTION
WHEREAS, by adoption of Resolution 2020-118 on December 15, 2020, City Council
directed development of an ordinance regulating the use of disposable bags to protect the public
health, safety, and welfare, to maintain and improve the health of the Cache la Poudre watershed
and to further the City's Climate Action Plan and Road to Zero Waste; and
WHEREAS, by adoption of Ordinance 026, 2021 (the “Ordinance”), on February 16, 2021,
City Council amended Chapter 12 of the Code of the City of Fort Collins (City Code) to establish
regulations regarding disposable bags and mitigation of other sources of single use plastic pollution
by prohibiting large grocers from providing disposable plastic bags and requiring payment of a
$0.12 disposable bag fee for disposable paper bags effective May 1, 2022; and
WHEREAS by adoption of Resolution 2021-023 on February 16, 2021, City Council
referred the Ordinance to the voters at the April 6, 2021, municipal election and the voters
approved the Ordinance at that election; and
WHEREAS, the Colorado Legislature subsequently enacted the Plastic Pollution
Reduction Act (the “Act”) by adoption House Bill 21-1162, which was signed by the Governor of
Colorado on July 6, 2021; and
WHEREAS, the Act limits the use of disposable plastic bags and expanded polystyrene
products statewide while preserving certain regulatory authority for local government as more
fully set forth therein; and
WHEREAS, City Council desires to modify the Ordinance to clarify and align certain
provisions of the Ordinance with the Act to the extent appropriate and consistent with the goals
and purposes of the Ordinance and to protect the public health, safety and welfare and serve the
best interests of the residents of Fort Collins.
NOW, THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS AS FOLLOWS:
Section 1. That the foregoing recitals are hereby incorporated herein as findings of the
City Council.
Section 2. That the following definitions set forth in City Code Section 12-301 are
hereby amended to read as follows:
Disposable bag shall mean any bag that is not a reusable bag, provided by a large grocer to a
customer to transport and carry purchased items away from the store, whether such items are
delivered, picked up at curbside, or purchased at a checkout stand, cash register or other point of
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sale or departure from the store. A disposable bag may be made primarily of paper (a disposable
paper bag) or plastic (a disposable plastic bag) or other material that does not meet the standards
for a reusable bag. Disposable bag shall not include:
(1) bags used inside the store to:
a. package loose or bulk items, such as fruits, vegetables, nuts, grains, candy, or
greeting cards; nails, bolts, screws, or other small hardware items; live insects, fish,
crustaceans, mollusks, or other small species; and bulk seed, bulk livestock feed, or
bulk pet feed;
b. contain or wrap frozen foods, meat, seafood, fish, flowers, potted plants, or other
items that, if they were to come in contact with other items, could dampen or
contaminate the other items; or
c. contain unwrapped prepared foods or bakery goods.
(2) bags used to protect a purchased item from damaging or contaminating other items
when placed in a reusable bag;
(3) bags provided by pharmacists to contain prescription drugs; or
(4) newspaper bags, door-hanger bags, laundry-dry cleaning bags, or bags sold in packages
containing multiple bags for uses such as food storage, garbage, pet waste, or yard waste.
Disposable bag fee shall mean a fee collected pursuant to the provisions of this Article upon each
disposable paper bag provided by a large grocer to customers. The amount of the disposable bag
fee shall be ten cents ($0.10) per bag.
Reusable bag shall mean a bag that:
(1) is designed and manufactured to withstand repeated uses over a period of time and have a
minimum lifetime of one hundred twenty-five (125) uses;
(2) can carry at least twenty-two (22) pounds over one hundred seventy-five (175) feet;
(3) has stitched handles;
(4) is made of cloth, fiber, or other organic or inorganic fabric, including recycled materials
such as polyethylene terephthalate (PET); and
(5) is not made predominantly of plastic derived from natural gas, petroleum, or a biologically
based source, such as corn or other plant sources.
Vendor share shall mean four cents ($0.04) of the disposable bag fee.
Section 3. That City Code Section 12-302(b) is hereby amended to read as follows:
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. . .
(b) No large grocer shall provide a disposable paper bag to a customer unless such bag is made
from one hundred percent (100%) recycled or other post-consumer content.
. . .
Section 4. That City Code Section 12-303 is hereby amended to read as follows:
(a) At the time of purchase, whether in person or online, a large grocer shall collect from the
customer, and the customer shall pay, the disposable bag fee.
. . .
(e) The vendor share of all disposable paper bag fees collected by a large grocer may be retained
by the large grocer and used in accordance with this subsection (e). Each large grocer must create
a plan for its use of the vendor share to implement the disposable bag fee program in accordance
with this subsection (e) which plan shall be approved by the City prior to expenditure of the vendor
share.
A plan for use of the vendor share shall be submitted for City approval for each calendar year from
2022 through 2025, inclusive, and for each 4-calendar year period thereafter. An approved plan
may be amended with the approval of the City. Each large grocer must use its vendor share of
disposable paper bag fees collected to implement and administer its approved plan. An approved
plan may also include, but is not limited to, reimbursement of expenses directly related to
implementation of this Article, for example for signage, staff training, and support for customers
in advance of the initiation of the disposable bag fee, as well as ongoing expenses for compliance
and promotion of the use of reusable bags and for plastic pollution and waste reduction in their
store or in the community. No penalties or fines assessed for noncompliance may be paid using
disposable bag fee revenues.
. . .
Section 5. That City Code Section 12-304(a) is hereby amended to read as follows:
(a) All disposable paper bag fees collected in excess of the vendor share shall be paid on a quarterly
basis by the large grocer to the City of Fort Collins Finance Department and used for the operation
and administration of the waste reduction program.
. . .
Section 6. That City Code Section 12-305 is hereby amended to read as follows:
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Sec. 12-305. Low-income relief and other exemptions.
(a) A large grocer may provide a disposable paper bag to a customer at no charge if the customer
presents, at the time of purchase, a benefit card or similar documentation approved by the City
Manager, reflecting participation in a federal, state, county or City income-qualified aid program,
including but not limited to benefits delivered via Electronic Benefits Transfer (EBT) such as the
federal Supplemental Nutrition Assistant Program (SNAP) or Supplemental Nutrition Program for
Women, Infants and Children (WIC), or such other indicia of need as determined by the City
Manager from time to time.
(b) The City Manager may adopt other exemptions, in addition to the low-income exemption set
forth in subsection (a) above, from payment of the disposable bag fee based on undue hardship,
which may include disability or medical conditions that prevent the use of reusable bags or
shopping in a store, or unique customer service situations experienced by large grocers. The City
Manager shall adopt such additional exceptions in accordance with the following:
(1) All such additional exemptions shall be set forth in writing and shall include, at a
minimum, a description of the exemption and any documentation of qualifications
required to claim such exemption, a description of the undue hardship the exemption
will address while preserving the purpose of this Article, and the date on which the
additional exemption shall become effective.
(2) The City Manager shall publish any additional exemption prominently on the City’s
website and shall notify and provide a copy of the additional exemption to the City
Council not less than thirty (30) days before the additional exemption is scheduled to
become effective.
(3) The City Manager may delay the scheduled effective date of or withdraw any additional
exemption to address City Council or other concerns. Any such delay or withdrawal
shall be published in the same manner used in publishing the original additional
exemption and the City Manager shall notify City Council of any such delay or
withdrawal.
Section 7. This Ordinance is necessary to protect the public health, safety, and welfare
of the residents of the city and covers matters of local concern.
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Introduced, considered favorably on first reading, and ordered published this 15th day of
February, A.D. 2022, and to be presented for final passage on the 1st day of March, A.D. 2022.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Passed and adopted on final reading on this 1st day of March, A.D. 2022.
__________________________________
Mayor
ATTEST:
_____________________________
City Clerk