HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/01/2003 - ITEMS RELATING TO THE STREAMSIDE ANNEXATION AND ZO AGENDA ITEM SUMMARY ITEM NUMBER: 16 A-D
FORT COLLINS CITY COUNCIL DATE: April 1, 2003FROM•
Troy W. Jones
SUBJECT:
Items Relating to the Streamside Annexation and Zoning.
RECOMMENDATION:
Staff and the Planning and Zoning Board recommend adoption of the Resolutions and
Ordinances on First Reading.
EXECUTIVE SUMMARY:
A. Resolution 2003-043 Amending the Structure Plan for the Property Known as the
Streamside Annexation.
B. Resolution 2003-044 Setting Forth Findings of Fact and Determinations Regarding the
410 Streamside Annexation.
C. First Reading of Ordinance No. 053, 2003, Annexing Property Known as the Streamside
Annexation to the City of Fort Collins.
D. First Reading of Ordinance No. 054, 2003, Amending the Zoning Map of the City of Fort
Collins and Classifying for Zoning Purposes the Property Included in the Streamside
Annexation.
BACKGROUND:
This is a request for a 100% voluntary annexation of approximately 73.67 acres, located just
over half a mile east of I-25 and south of Vine Drive. This requested zone district is Urban
Estate. A Structure Plan amendment is also requested to change the designation of the property
from Rural Open Lands/Stream Corridor to Urban Estate.
This property is eligible for annexation according to CRS, requiring 1/6 contiguity to the existing
city limits. Streamside Annexation and Zoning complies with this standard since the property
has 2869.70 feet of its total boundary of approximately 13,742.27 feet contiguous to the existing
City limits. This meets the minimum 2290.38 feet required to achieve 1/6 contiguity. This
contiguity occurs through a common boundary with the Peterson Annexation, which is under
review and will be processed simultaneously with this Streamside Annexation.
The property is located within the Fort Collins Urban Growth Area (UGA). According to
policies and agreements between the City of Fort Collins and Larimer County contained in the
Intergovernmental Agreement for the Fort Collins Urban Growth Area, the City will agree to
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DATE: ITEM NUMBER:
consider annexation of property in the UGA when the property is eligible for annexation
according to state law.
ZONING AND ANALYSIS:
The property is currently zoned FA1 - Fanning in Latimer County. The requested zoning upon
annexation is the Urban Estate District (UE). An assignment of UE zoning is consistent with the
Streamside Planned Land Division (PLD), which is a County development application, currently
under review, that encompasses the site. Part of the Streamside PLD application under review
by the County is to rezone the property to PD — Planned Development. The County's PD zone
functions similarly to the former PUD zone in the City, in that density and intensity restrictions
were determined on a site specific basis. In the case of Streamside PLD, the gross density
proposed is 1.82 dwelling units per acre, and the net density proposed is 2.07 dwelling units per
acre.
The annexation of this property will allow the building permits to be issued under the City's
jurisdiction. During the review of the County development application for Streamside PLD, City
staff worked closely with the applicant to ensure that the application would be developed in
accordance with the City's floodplain regulations for the Boxelder Creek floodplain.
Annexation of the Streamside PLD prior to the issuance of building permits gives the City the
authority to enforce the County's development approval, in particular, the adherence to the
applicable floodplain regulations.
For clarification, the difference in the residential density permitted within the County's FAI —
Fanning zone district and the City's UE—Urban Estate zone district is as follows:
FA1 — Fanning (Existing County Zoning). Maximum density is limited to one lot per
100,000 square feet (2.3 acres). 100,000 square feet can cluster these lots in a "Conservation
Development" configuration so long as the total number of lots does not exceed the total
allowed by dividing the total developable area. "Conservation Development" lots on septic
systems can be no smaller than 2 acres. "Conservation Development" lots on public water
and sewer systems are not required to meet minimum lot size requirements (except for the
purpose of calculating density).
PD — Planned Development (County Zoning upon Streamside Final Plat Approval). This
zone is intended to be used within Growth Management Areas and is intended to give the
flexibility needed to accommodate urban. level development consistent with the
municipalities master plans. On a case by case basis, the County Commissioners determine
minimum lot sizes, densities and intensities of use based on any applicable IGA.
UE — Urban Estate (Requested City Zoning). Maximum density shall not exceed an overall
average density of 2 dwelling units per acre. Lot sizes shall be ''/2 acre or larger unless they
are clustered. Density within clustered portions of a development shall not exceed 5 units
per acre. Cluster development shall set aside at least 50 percent of the total land area of the
proposed development as private or public open space that is permanently preserved as open
space.
DATE: ITEM NUMBER:
I-25 SUB-AREA PLAN:
A. Regional I-25 Plan.
The parcel is contained within the I-25 Sub Area Plan. This sub-area plan is a
component of the I-25 Regional Communities Corridor Plan, which was adopted by
the City Council in November of 2001.
B. City Plan's reference to the I-25 Sub Area Plan.
City Plan Principle LU-4 states: "More specific subarea planning efforts will
follow adoption of these City Plan Principles and Policies which tailor City Plan's
city-wide perspective to individual neighborhoods, districts, corridors and edges."
City Plan Policy LU-4.5 states: "The following areas have been identified as
priority for future subarea planning:
1-25 Corridor
Mountain Vista
East Mulberry
Fossil Creek Reservoir Area"
C. U-E Zoning within the 1-25 Sub Area.
The Final Draft of the I-25 Sub Area Plan calls for a mix of neighborhoods and
densities. The Final Draft states: "The Urban Estate classification is intended to
allow for choices of very low density and large-lot housing in the community, and
to-provide a physical transition between urban development and rural/open lands.
Most of the undeveloped areas designated for residential development in the
Subarea Plan are classified as Urban Estate areas that will have a maximum
allowable density of two (2) dwelling units per acre. These areas provide for a
transition between the higher intensity commercial and industrial uses located
adjacent to the I-25 highway and a larger lot residential development (2 '/2 acre
lots) east of County Road 5."
Both Peterson and Streamside Annexations satisfy the language of the U-E land
use classification quoted above. Industrial zoned property abuts the west side of
the Peterson Annexation and rural and larger lot residential development exists
east of the Streamside Annexation. Additionally, the Draft Land Use Plan for the
I-25 Sub Area Plan identifies the property as Urban Estate. Therefore, the
applicant has applied for U-E zoning in conformance with the Final Draft of the I-
25 Sub Area Plan.
D. Status of the I-25 Sub Area Plan.
The I-25 Sub Area Plan has not been adopted at this time. The Planning and
Zoning Board and City Council schedule the Plan for consideration in the Spring
of 2003. The Structure Plan identified the need to do additional planning for the
I-25 corridor by designating the area as the 1-25 Special Study Corridor.
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DATE: ITEM NUMBER:
STRUCTURE PLAN AMENDMENT:
As mentioned, the Final Draft of the I-25 Sub Area Plan, which calls for U-E zoning, has not yet
been considered by the Planning and Zoning Board nor adopted by the City Council. Since the
Structure Plan Map indicates "Rural Open Lands/Stream Corridor and Employment," a Structure
Plan amendment is part of this request. The Structure Plan Map also designates I-25 as a
"Special Study Corridor" indicating that the 1997 version of the Structure Plan did not provide
sufficient guidance for land use decision-making and that future land use considerations were
anticipated.
A. Request
Section 2.9.4(H)(2)(a) allows a zoning request to be justified if the proposed
request is consistent with the City's Comprehensive Plan. (The Structure Plan is a
component of the Comprehensive Plan.) According to Council Resolution 2000-
140, a Comprehensive Plan Amendment may be approved if the City Council
makes specific findings that:
The existing City Plan and/or any related element thereof is in
need of the proposed amendment; and
The proposed major plan amendment will promote the public
welfare and will be consistent with the vision, goals, principles and
policies of City and the elements thereof.
B. Staff Analysis of Structure Plan Amendment:
(1) Staff finds that the Structure Plan is in need of Change because the final draft
of the I-25 Sub Area Plan identifies that the property's designation should be
changed from it's current designation of "Rural Open Lands / Stream
Corridors" to a designation of"Urban Estate."
(2) Staff finds that the proposed Structure Plan amendment will promote the
public welfare by specifying a land use configuration at the edge of the
community that will provide for a transition between the higher intensity
industrial uses located adjacent to the I-25 highway and the larger lot rural
residential development in the County located east of County Road 5.
(3) Staff finds that the Structure Plan amendment will be consistent with the
vision, goals, principles and policies of City Plan because the principle and
policy statements within City Plan specify that the I-25 subarea planning
efforts will tailor City Plan's city-wide perspective to individual
neighborhoods, districts,corridors and edges.
THE PLANNING AND ZONING BOARD HEARING
The Planning and Zoning Board recommended approval of the requested Structure Plan
amendment, annexation and zoning on January 16, 2003 by a vote of 5-0.
DATE: ITEM NUMBER:
INITIATING RESOLUTION
City Council recommended adoption of the Initiating Resolution for the Streamside Annexation
on February 4, 2003 by a vote of 6-0.
I
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. RESOLUTION 2003-043
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE CITY'S STRUCTURE PLAN MAP
WHEREAS, the City has received a petition for annexation and zoning of certain property
located just over half a mile east of I-25 and south of Vine Drive, which property is known as the
"Streamside Annexation"; and
WHEREAS, the Council finds that the proposed zoning for the Streamside Annexation
complies with the Principles and Policies of the City's Comprehensive Plan, as well as the Key
Principles of the City's Structure Plan, but does not comply with the present land use designation
shown on the City's Structure Plan Map for that location; and
WHEREAS,the Council has determined that the proposed Streamside Annexation proposed
zoning is in the best interests of the citizens of the City and comports with the City's Comprehensive
Plan except for the City's Structure Plan Map; and
WHEREAS, the Council has further determined that the City's Structure Plan Map should
be amended as shown on Exhibit "A" attached hereto.
. NOW, THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council finds that the existing City Plan Structure Plan Map is
in need of the amendment requested by the applicant for the Streamside Annexation and zoning.
Section 2. That the City Council finds that the proposed amendment will promote the
public welfare and will be consistent with the vision,goals,principles and policies of City Plan and
the elements thereof.
Section 3. That the City Plan Structure Plan Map is hereby amended so as to appear as
shown on Exhibit "A" attached hereto and incorporated herein by this reference.
Passed and adopted at a regular meeting of the City Council held this 1 st day of April,A.D.
2003.
Mayor
ATTEST:
. City Clerk
. RESOLUTION 2003-044
OF THE COUNCIL OF THE CITY OF FORT COLLINS
SETTING FORTH FINDINGS OF FACT AND DETERMINATIONS
REGARDING THE STREAMSIDE ANNEXATION
WHEREAS,annexation proceedings were heretofore initiated by the Council of the City of
Fort Collins for property to be known as the Streamside Annexation; and
WHEREAS, following notice given as required by law, the Council has held a hearing on
said annexation.
NOW,THEREFORE,BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the Council hereby finds that the petition for annexation complies with
the Municipal Annexation Act.
Section 2. That the Council hereby finds that there is at least one-sixth (1/6)contiguity
between the City and the property proposed to be annexed; that a community of interest exists
between the property proposed to be annexed and the City; that said property is urban or will be
. urbanized in the near future;and that said property is integrated with or is capable of being integrated
with the City.
Section 3. That the Council further determines that the applicable parts of said Act have
been met, that an election is not required under said Act and that there are no other terms and
conditions to be imposed upon said annexation.
Section 4. That the Council further finds that notice was duly given and a hearing was
held regarding the annexation in accordance with said Act.
Section 5. That the Council concludes that the area proposed to be annexed in the
Streamside Annexation is eligible for annexation to the City and should be so annexed.
Passed and adopted at a regular meeting of the Council of the City of Fort Collins held this
1st day of April, A.D. 2003.
Mayor
ATTEST:
City Clerk
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. ORDINANCE NO. 053, 2003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
ANNEXING PROPERTY KNOWN AS THE
STREAMSIDE ANNEXATION
TO THE CITY OF FORT COLLINS, COLORADO
WHEREAS,Resolution 2003-014 finding substantial compliance and initiating annexation
proceedings, has heretofore been adopted by the Council of the City of Fort Collins; and
WHEREAS,the Council does hereby find and determine that it is in the best interests of the
City to annex said area to the City.
NOW,THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the following described property, to wit:
CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION
10, TOWNSHIP 7 NORTH, RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN
AS BEARING N 89°25'59"W WITH ALL BEARINGS HEREIN RELATIVE THERETO.
. COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 10;
THENCE N 00°31' 35"E 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-
WAY LINE OF EAST VINE DRIVE AND THE TRUE POINT OF BEGINNING FOR
THIS DESCRIPTION;CONTINUING,N 00° 3 F 35"E 20.00 FEET;THENCE,S 89' 28'
25"E 1315.25 FEET ON AND ALONG SAID NORTH RIGHT-OF-WAY;THENCE,S 00`
3 F 35"W 50.00 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF
THE NORTHEAST QUARTER OF SAID SECTION 10;THENCE,S 00' 11' 33"E 50.00
FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID EAST VINE
DRIVE;CONTINUING,S 00` 11' 33"E 2560.55 FEET TO THE NORTHERLY RIGHT-
OF-WAY OF THE COLORADO RAILROAD COMPANY;THENCE. N 88° 27' 36"W
918.76 FEET ALONG SAID RIGHT-OF-WAY TO A POINT OF INTERSECTION WITH
THE EASTERLY LINE OF THE PETERSON ANNEXATION TO THE CITY OF FORT
COLLINS;THENCE,N 00°09' 15"W 80.01 FEET ON AND ALONG SAID EASTERLY
LINE;CONTINUING,N 00°09' 15"E 1572.26 FEET;THENCE,N 89°28' 17"W 669.62
FEET;THENCE,S 01°50' 54"W 149.20 FEET;THENCE,S 41°38' 36"W 270.16 FEET;
THENCE,S 83'47' 02"W 269.62 FEET TO A POINT OF INTERSECTION WITH THE
EASTERLY LINE OF SAID PETERSON ANNEXATION; THENCE FIVE COURSES
ALONG SAID EASTERLY LINE:
THENCE,N 87' 43' 24"W 352.93 FEET;
THENCE,N 00° 3 F 42"E 518.31 FEET;
THENCE, S 89° 28' 17"E 847.21 FEET;
THENCE,N 02° 55' 31"W 299.26 FEET;
• THENCE, S 89° 30' 31"E 262.00 FEET;
CONTINUING, S 89° 30' 31"E 382.52 FEET;THENCE,N 00° 31' 43"E 448.02 FEET
TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID EAST VINE DRIVE;
THENCE,N 89'28'25"W 421.48 FEET ON AND ALONG SAID SOUTHERLY RIGHT-
OF-WAY; THENCE, N 89' 25' 59" W 157.46 FEET ON AND ALONG SAID
SOUTHERLY RIGHT-OF-WAY TO A POINT OF A INTERSECTION WITH THE
NORTHERLY LINE OF SAID PETERSON ANNEXATION;THENCE,N 89'25'S9"W
165.25 FEET ALONG SAID LINE; THENCE, N 01' 50' 54" W 20.02 FEET
CONTINUING ALONG SAID SOUTHERLY RIGHT-OF-WAY;THENCE,N 89'25'59"
W 755.31 FEET ON AND ALONG SAID SOUTHERLY RIGHT-OF-WAY TO A POINT
OFA INTERSECTION WITHTHE EASTERLY LINE OFTHEFRONT RANGEFARMS
ANNEXATION TO THE CITY OF FORT COLLINS;THENCE,N 00' 34' 01"E 30.00
FEET ALONG SAID EASTERLY LINE TO A POINT OF INTERSECTION WITH THE
NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE,
THENCE,N 47'45' 36"W 45.12 FEET ALONG SAID EASTERLY LINE TO A POINT
OF INTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SAID EAST
VINE DRIVE;THENCE,S 89'25'59"E 1112.07 FEET ALONG SAID RIGHT-OF-WAY
TO THE TRUE POINT OF BEGINNING FOR TIES DESCRIPTION; CONTAINING
73.674 ACRES MORE OR LESS.
be, and hereby is, annexed to the City of Fort Collins and made a part of said City, to be known as
the Streamside Annexation, which annexation shall become effective in accordance with the
provisions contained in Section 31-12-113,C.R.S.,including,without limitation,all required filings
for recording with the Larimer County Clerk and Recorder.
Section 2. That, in annexing said property to the City, the City does not assume any
obligation respecting the construction of water mains,sewer lines,gas mains,electric service lines,
streets or any other services or utilities in connection with the property hereby annexed except as
may be provided by the ordinances of the City.
Section 3. That the City hereby consents, pursuant to Section 37-45-136(3.6), C.R.S.,
to the inclusion of said property into the Municipal Subdistrict, Northern Colorado Water
Conservancy District.
Introduced,considered favorably on first reading,and ordered published this 1st day of April,
A.D. 2003, and to be presented for final passage on the 15th day of April, A.D. 2003.
Mayor
ATTEST:
City Clerk
2
. Passed and adopted on final reading this 15th day of April, A.D. 2003.
Mayor
ATTEST:
City Clerk
• 3
• ORDINANCE NO. 054, 2003
OF THE COUNCIL OF THE CITY OF FORT COLLINS
AMENDING THE ZONING MAP OF THE CITY OF FORT COLLINS
AND CLASSIFYING FOR ZONING PURPOSES THE PROPERTY INCLUDED
IN THE STREAMSIDE ANNEXATION TO THE
CITY OF FORT COLLINS, COLORADO
WHEREAS,Division 1.3 of the Land Use Code of the City of Fort Collins establishes the
Zoning Map and Zone Districts of the City; and
WHEREAS, Division 2.8 of the Land Use Code of the City of Fort Collins establishes
procedures and criteria for reviewing the zoning of land; and
WHEREAS,in accordance with the foregoing,the Council has considered the zoning of the
property which is the subject of this ordinance,and has determined that the said property should be
zoned as hereafter provided.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
• Section 1. That the Zoning Map of the City of Fort Collins adopted pursuant to Section
1.3.2 of the Land Use Code of the City of Fort Collins be, and the same hereby is, changed and
amended by including the property known as the Streamside Annexation to the City of Fort Collins,
Colorado, in the Urban Estate("UE") Zone District, which property is more particularly described
as situate in the County of Larimer, State of Colorado, to wit:
CONSIDERING THE NORTH LINE OF THE NORTHWEST QUARTER OF SECTION
10,TOWNSHIP 7 NORTH,RANGE 68 WEST OF THE 6TH PRINCIPAL MERIDIAN
AS BEARING N 89"25'59"W WITH ALL BEARINGS HEREIN RELATIVE THERETO.
COMMENCING AT THE NORTH QUARTER CORNER OF SAID SECTION 10;
THENCE N 00°31' 35"E 30.00 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-
WAY LINE OF EAST VINE DRIVE AND THE TRUE POINT OF BEGINNING FOR
THIS DESCRIPTION;CONTINUING,N 00°3 F 35"E 20.00 FEET;THENCE,S 89°28'
25"E 1315.25 FEET ON AND ALONG SAID NORTH RIGHT-OF-WAY;THENCE,S 00'
31' 35"W 50.00 FEET TO A POINT OF INTERSECTION WITH THE NORTH LINE OF
THE NORTHEAST QUARTER OF SAID SECTION 10;THENCE,S 00' 11' 33"E 50.00
FEET TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID EAST VINE
DRIVE;CONTINUING,S 00` 11' 33"E 2560.55 FEET TO THE NORTHERLY RIGHT-
OF-WAY OF THE COLORADO RAILROAD COMPANY; THENCE. N 88' 27' 36"W
918.76 FEET ALONG SAID RIGHT-OF-WAY TO A POINT OF INTERSECTION WITH
THE EASTERLY LINE OF THE PETERSON ANNEXATION TO THE CITY OF FORT
COLLINS;THENCE,N 00'09' 15"W 80.01 FEET ON AND ALONG SAID EASTERLY
LINE;CONTINUING,N 00'09' 15"E 1572.26 FEET;THENCE,N 89°28' 17"W 669.62
. FEET;THENCE,S 01°50'54"W 149.20 FEET;THENCE,S 41'38'36"W 270.16 FEET;
THENCE,S 83'47'02"W 269.62 FEET TO A POINT OF INTERSECTION WITH THE
EASTERLY LINE OF SAID PETERSON ANNEXATION; THENCE FIVE COURSES
ALONG SAID EASTERLY LINE:
THENCE,N 87' 43' 24"W 352.93 FEET;
THENCE,N 00- 31' 42"E 518.31 FEET;
THENCE, S 89' 28' 17"E 847.21 FEET;
THENCE,N 02' 55' 31"W 299.26 FEET;
THENCE,S 89' 30' 31"E 262.00 FEET;
CONTINUING, S 89' 30' 31"E 382.52 FEET; THENCE,N 00' 31' 43"E 448.02 FEET
TO A POINT ON THE SOUTHERLY RIGHT-OF-WAY OF SAID EAST VINE DRIVE;
THENCE,N 89-28'25"W 421.48 FEET ON AND ALONG SAID SOUTHERLY RIGHT-
OF-WAY; THENCE, N 89' 25' 59" W 157.46 FEET ON AND ALONG SAID
SOUTHERLY RIGHT-OF-WAY TO A POINT OF A INTERSECTION WITH THE
NORTHERLY LINE OF SAID PETERSON ANNEXATION;THENCE,N 89'25' 59"W
165.25 FEET ALONG SAID LINE;THENCE,N 01 ' 50' 54" W 20.02 FEET
CONTINUING ALONG SAID SOUTHERLYRIGHT-OF-WAY;THENCE,N 89'25'59"
W 755.31 FEET ON AND ALONG SAID SOUTHERLY RIGHT-OF-WAY TO A POINT
OF A INTERSECTION WITHTHEEASTERLY LINE OFTHE FRONT RANGEFARMS
ANNEXATION TO THE CITY OF FORT COLLINS;THENCE,N 00' 34' 01"E 30.00
FEET ALONG SAID EASTERLY LINE TO A POINT OF INTERSECTION WITH THE
NORTH LINE OF THE NORTHEAST QUARTER OF SAID SECTION 10; THENCE,
THENCE,N 47' 45' 36"W 45.12 FEET ALONG SAID EASTERLY LINE TO A POINT
OFINTERSECTION WITH THE NORTHERLY RIGHT-OF-WAY LINE OF SAIDEAST
VINE DRIVE;THENCE,S 89'25'59"E 1112.07 FEET ALONG SAID RIGHT-OF-WAY
TO THE TRUE POINT OF BEGINNING FOR THIS DESCRIPTION; CONTAINING
73.674 ACRES MORE OR LESS.
Section 2. That the Sign District Map adopted pursuant to Section 3.8.7(E)of the Land
Use Code of the City of Fort Collins be, and the same hereby is,changed and amended by showing
that the above-described property is included in the Residential Neighborhood Sign District.
Section 3. That the City Engineer is hereby authorized and directed to amend said Zoning
Map in accordance with this Ordinance.
Introduced,considered favorably on first reading,and ordered published this 1st day of April,
A.D. 2003, and to be presented for final passage on the 15th day of April, A.D. 2003.
Mayor
ATTEST:
City Clerk
Passed and adopted on final reading this 15th day of April, A.D. 2002.
Mayor
ATTEST:
City Clerk
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