HomeMy WebLinkAboutCOUNCIL - AGENDA ITEM - 04/07/2020 - RESOLUTION 2020-036 APPROVING EMERGENCY RULES ANDAgenda Item 15
Item # 15 Page 1
AGENDA ITEM SUMMARY April 7, 2020
City Council
Resolution 2020-036 has been amended to add Emergency Regulation 2020-08 (revised April 6, 2020)
STAFF
Darin Atteberry, City Manager
Jim Byrne, Office of Emergency Management
Carrie M. Daggett, Legal
SUBJECT
Resolution 2020-036 Approving Emergency Rules and Regulations Enacted by the City Manager Pursuant to
the Local Covid-19 Emergency Between March 31 and April 25, 2020.
EXECUTIVE SUMMARY
The purpose of this item is to approve emergency rules and regulations enacted by the City Manager between
March 31 and April 25, 2020, in response to the COVID-19 emergency. Section 2-671(a)(6)(a) of the City Code
provides that the emergency rules and regulations must be confirmed at the earliest practical time by the City
Council. This Resolution seeks Council’s approval and ratification of the emergency measures.
STAFF RECOMMENDATION
Staff recommends adoption of the Resolution.
BACKGROUND / DISCUSSION
The City of Fort Collins continues to be threatened with serious injury and damage, consisting of widespread
human and economic impact caused by the Novel Coronavirus 2019 (COVID-19). On March 13, 2020, in order
to undertake emergency measures to protect the life, health, safety and property of the citizens of the City and
persons conducting business therein, and in order to attempt to minimize the loss of human life and the
preservation of property, the City Manager, as the Director of the City’s Office of Emergency Management,
proclaimed a “local emergency” in accordance with Section 2-671(a)(1) of the City Code and activated the
Emergency Operations Plan established pursuant to Section 2-673 of the City Code. The City Council extended
the local emergency until such time as the City Manager determines in writing that the conditions justifying the
local emergency no longer exist, with the adoption of Resolution 2020-030 on March 20, 2020.
Having proclaimed a local emergency, the City Manager has issued the following emergency rules and
regulations (collectively referred to as the “Emergency Rules and Regulations”) between March 31 and April 25,
2020, in order to protect the health and safety of City residents and visitors, as follows:
Emergency Regulation No. 2020-06, authorizing places of worship or assembly to conduct live religious
services on their property so long as attendance is viewed remotely from on the property in vehicles provided
physical distancing requirements are met and provided the arrangement is permitted by State and County
“stay-at-home” orders, dated April 1, 2020
Emergency Regulation No. 2020-07, removing enforcement of certain parking infractions, including
enforcement of residential permit parking areas, expired license plate registration, parking in a time limited
space past the posted time or immobilization of vehicles (booting) and other administrative practices, dated
April 1, 2020.
Agenda Item 15
Item # 15 Page 2
Emergency Regulation No. 2020-08, authorizing certain temporary sign, banner and pennant
encroachments by essential businesses during the local emergency, dated April 4, 2020.
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RESOLUTION 2020-036
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING EMERGENCY RULES AND REGULATIONS ENACTED
BY THE CITY MANAGER PURSUANT TO THE LOCAL COVID-19
EMERGENCY BETWEEN MARCH 31 AND APRIL 5, 2020
WHEREAS, the City of Fort Collins is threatened with serious injury and damage,
consisting of widespread human and economic impact caused by the Novel Coronavirus 2019
(COVID-19); and
WHEREAS, in early March declarations of emergency regarding COVID-19 were issued
by President Trump, Governor Polis and the Larimer County Department of Public Health and
Environment; and
WHEREAS, on March 13, 2020, in order to undertake emergency measures to protect the
life, health, safety and property of the citizens of the City and persons conducting business therein,
and in order to attempt to minimize the loss of human life and the preservation of property, the
City Manager, as the Director of the City’s Office of Emergency Management, proclaimed a “local
emergency” in accordance with Section 2-671(a)(1) of the City Code and activated the Emergency
Operations Plan established pursuant to Section 2-673 of the City Code; and
WHEREAS, the City Council extended the local emergency until such time as the City
Manager determines in writing that the conditions justifying the local emergency no longer exist,
with the adoption of Resolution 2020-030 on March 20, 2020; and
WHEREAS, having proclaimed a local emergency, the City Manager has issued
emergency rules and regulations in order to protect the health and safety of City residents and
visitors; and
WHEREAS, at its adjourned meeting on March 31, 2020, the City Council adopted
Resolution 2020-032, approving the Emergency Rules and Regulations that had as of that date
been issued by the City manager, including the following:
a. Emergency Regulation No. 2020-01, Authorizing Emergency Purchases
pursuant to City Code Section 8-161(b)(1), dated March 17, 2020;
b. Emergency Regulation No. 2020-02, suspending certain legal requirements to
allow the operation of a day shelter, homeless shelter, and/or seasonal overflow
shelter at the Northside Aztlan Community Center, dated March 19, 2020;
c. Emergency Regulation No. 2020-03, suspending fares for all Transfort bus
routes within the City, including FLEX and MAX routes and Dial-a-Ride trips,
dated March 19, 2020;
d. Emergency Regulation No. 2020-04, suspending the operation of the
requirements of City Code Chapter 26 related to disconnecting City non-
telecommunication utility services to a premise upon non- or late payment of
utility service fees during the pendency of the local emergency or other
applicable order, dated March 20, 2020; and
Revised Resolution 2020-036 (showing changes)
-2-
e. First Amended Emergency Regulation No. 2020-05A, suspending the
prohibition on occupying recreational vehicles on private property, with written
permission from the property owner, for working, living, or sleeping purposes
in order to use that recreational vehicle to promote physical distancing and/or
quarantine, dated March 30, 2020; and
WHEREAS, the City Manager has since issued additional Emergency Rules and
Regulations (collectively referred to as the “Emergency Rules and Regulations”), as follows:
a. Emergency Regulation No. 2020-06, authorizing places of worship or assembly
to conduct live religious services on their property so long as attendance is
viewed remotely from on the property in vehicles provided physical distancing
requirements are met and provided the arrangement is permitted by State and
County “stay-at-home” orders, dated April 1, 2020;
b. Emergency Regulation No. 2020-07, limiting enforcement for certain types of
parking violations (block face restrictions, overtime, expired tags, and
residential parking permit violations) and easing certain requirements related to
parking tickets, dated April 1, 2020; and
c. Emergency Regulation No. 2020-08, authorizing certain temporary sign,
banner and pennant encroachments by essential businesses during the local
emergency, dated April 4, 2020;
and
WHEREAS, Section 2-671(a)(6)(a) of the City Code provides that the emergency rules
and regulations must be confirmed at the earliest practical time by the City Council; and
WHEREAS, the Council has determined that Emergency Regulations No. 2020-01 through
No. 2020-08 are reasonably necessary to the protection of life, health, safety and property of the
residents of and visitors to Fort Collins.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and findings
contained in the recitals set forth above.
Section 2. That the City Council hereby finds that the City Manager’s establishment
of the Emergency Rules and Regulations, attached hereto as Exhibit A, Exhibit B and Exhibit C
and incorporated herein by this reference, was necessary in the interest of protecting the life, health,
safety and property of the citizens of Fort Collins.
Section 3. That the City Council hereby confirms, ratifies and approves Emergency
Rules and Regulations No. 2020-06, No. 2020-07 and No. 2020-08, as of the date of their
establishment by the City Manager.
Revised Resolution 2020-036 (showing changes)
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Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th
day of April, A.D. 2020.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
Revised Resolution 2020-036 (showing changes)
-1-
RESOLUTION 2020-036
OF THE COUNCIL OF THE CITY OF FORT COLLINS
APPROVING EMERGENCY RULES AND REGULATIONS ENACTED
BY THE CITY MANAGER PURSUANT TO THE LOCAL COVID-19
EMERGENCY BETWEEN MARCH 31 AND APRIL 5, 2020
WHEREAS, the City of Fort Collins is threatened with serious injury and damage,
consisting of widespread human and economic impact caused by the Novel Coronavirus 2019
(COVID-19); and
WHEREAS, in early March declarations of emergency regarding COVID-19 were issued
by President Trump, Governor Polis and the Larimer County Department of Public Health and
Environment; and
WHEREAS, on March 13, 2020, in order to undertake emergency measures to protect the
life, health, safety and property of the citizens of the City and persons conducting business therein,
and in order to attempt to minimize the loss of human life and the preservation of property, the
City Manager, as the Director of the City’s Office of Emergency Management, proclaimed a “local
emergency” in accordance with Section 2-671(a)(1) of the City Code and activated the Emergency
Operations Plan established pursuant to Section 2-673 of the City Code; and
WHEREAS, the City Council extended the local emergency until such time as the City
Manager determines in writing that the conditions justifying the local emergency no longer exist,
with the adoption of Resolution 2020-030 on March 20, 2020; and
WHEREAS, having proclaimed a local emergency, the City Manager has issued
emergency rules and regulations in order to protect the health and safety of City residents and
visitors; and
WHEREAS, at its adjourned meeting on March 31, 2020, the City Council adopted
Resolution 2020-032, approving the Emergency Rules and Regulations that had as of that date
been issued by the City manager, including the following:
a. Emergency Regulation No. 2020-01, Authorizing Emergency Purchases
pursuant to City Code Section 8-161(b)(1), dated March 17, 2020;
b. Emergency Regulation No. 2020-02, suspending certain legal requirements to
allow the operation of a day shelter, homeless shelter, and/or seasonal overflow
shelter at the Northside Aztlan Community Center, dated March 19, 2020;
c. Emergency Regulation No. 2020-03, suspending fares for all Transfort bus
routes within the City, including FLEX and MAX routes and Dial-a-Ride trips,
dated March 19, 2020;
d. Emergency Regulation No. 2020-04, suspending the operation of the
requirements of City Code Chapter 26 related to disconnecting City non-
telecommunication utility services to a premise upon non- or late payment of
utility service fees during the pendency of the local emergency or other
applicable order, dated March 20, 2020; and
-2-
e. First Amended Emergency Regulation No. 2020-05A, suspending the
prohibition on occupying recreational vehicles on private property, with written
permission from the property owner, for working, living, or sleeping purposes
in order to use that recreational vehicle to promote physical distancing and/or
quarantine, dated March 30, 2020; and
WHEREAS, the City Manager has since issued additional Emergency Rules and
Regulations (collectively referred to as the “Emergency Rules and Regulations”), as follows:
a. Emergency Regulation No. 2020-06, authorizing places of worship or assembly
to conduct live religious services on their property so long as attendance is
viewed remotely from on the property in vehicles provided physical distancing
requirements are met and provided the arrangement is permitted by State and
County “stay-at-home” orders, dated April 1, 2020;
b. Emergency Regulation No. 2020-07, limiting enforcement for certain types of
parking violations (block face restrictions, overtime, expired tags, and
residential parking permit violations) and easing certain requirements related to
parking tickets, dated April 1, 2020; and
c. Emergency Regulation No. 2020-08, authorizing certain temporary sign,
banner and pennant encroachments by essential businesses during the local
emergency, dated April 4, 2020;
and
WHEREAS, Section 2-671(a)(6)(a) of the City Code provides that the emergency rules
and regulations must be confirmed at the earliest practical time by the City Council; and
WHEREAS, the Council has determined that Emergency Regulations No. 2020-01 through
No. 2020-08 are reasonably necessary to the protection of life, health, safety and property of the
residents of and visitors to Fort Collins.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF FORT
COLLINS as follows:
Section 1. That the City Council hereby makes any and all determinations and findings
contained in the recitals set forth above.
Section 2. That the City Council hereby finds that the City Manager’s establishment
of the Emergency Rules and Regulations, attached hereto as Exhibit A, Exhibit B and Exhibit C
and incorporated herein by this reference, was necessary in the interest of protecting the life, health,
safety and property of the citizens of Fort Collins.
Section 3. That the City Council hereby confirms, ratifies and approves Emergency
Rules and Regulations No. 2020-06, No. 2020-07 and No. 2020-08, as of the date of their
establishment by the City Manager.
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Passed and adopted at a regular meeting of the Council of the City of Fort Collins this 7th
day of April, A.D. 2020.
_________________________________
Mayor
ATTEST:
_____________________________
City Clerk
City Manager’s Office
300 Laporte Avenue
PO Box 580
Fort Collins, CO 80522
970.221.6505
970.224.6107
fcgov.com
EMERGENCY RULES AND REGULATIONS No. 2020-6
To all persons take notice:
That for the protection of life, health, safety and property as affected by reason of the Novel
Coronavirus 2019 (COVID-19), which resulted in my declaration of a “local emergency” under
the authority of Chapter 2, Article IX of the Code of the City of Fort Collins, (the “City”) and
which declaration of local emergency was filed with the City Clerk and with the Colorado
Division of Emergency Management on March 13, 2020, and extended by City Council adoption
of Resolution 2020-030 on March 20, 2020, I have hereby established, under the authority of
Sec. 2-671(a)(6)a, the following rules and regulations:
1. Commencing on April 2, 2020, and until further notice, a place of worship or assembly as
defined in the City Land Use Code and currently approved under the Land Use Code and
operating in conformance with all Land Use Code, City Code, and other applicable legal
requirements may conduct live religious services on its property consisting of worshipers
arriving and remaining in their respective enclosed passenger vehicles to view a live
religious service conducted inside the place of worship or assembly and displayed on an
outdoor video screen, or otherwise projected on an outdoor screen, (hereinafter, “Drive-
Up Religious Service”). Therefore, I am ordering:
a. A place of worship or assembly may conduct a Drive-Up Religious Service
provided the following restrictions are followed:
i. Before scheduling and holding a Drive-Up Religious Service, a place of
worship or assembly must confer with the State and County health
departments regarding any executive and public health “stay-at-home”
orders issued or amended from time to time (“Orders”) to determine
whether such a Service is permitted under applicable Orders. This
Emergency Regulation does not authorize any Drive-Up Religious Service
that violates such Orders.
ii. The live religious service conducted indoors for outdoor display shall be
conducted by the smallest number personnel of place of worship or
assembly reasonably feasible, but in all cases fewer than 10 people,
maintaining at least six (6) feet of distance between each of them at all
times. Access to the interior of the place of worship or assembly by
worshipers remains prohibited to the extent set forth in any federal, state,
or county Order.
Emergeny Rules and Regulations
Page 2 of 2
iii. No audio related to the Drive-Up Religious Service may be played over
outdoor speakers to be heard by worshipers within their enclosed
passenger vehicles. All audio related to the Drive-Up Religious Service
must be broadcast so that worshipers may listen to the audio on radios or
other electronic devices inside their enclosed passenger vehicles.
iv. All enclosed passenger vehicles containing worshipers at the Drive-Up
Religious Service must be parked within existing approved parking areas
on the property where the place of worship or assembly is located and
emergency access areas must be unobstructed.
v. All enclosed passenger vehicle doors, windows, convertible tops, and
other openings to the outside shall remain fully closed unless at least six
(6) feet of distance exists between any open opening and the closest
enclosed passenger vehicle or person.
b. During the time this emergency rule and regulation is in effect, the City shall not
enforce any Land Use Code regulation that would prohibit a Drive-Up Religious
Service.
3. I find that this emergency rule and regulation is reasonable and necessary to promote the
health, safety and welfare of the public by promoting the spiritual health and well-being
of worshipers.
4. Nothing in this emergency regulation shall prevent the City from utilizing such other
legal mechanisms as are available to it, including, without limitation, the Traffic Code,
the Fire Code, the Building Code, Chapter 20, Article I of the City Code.
Pursuant to Section 2-671(e) of the City Code, the rules and regulations set forth herein shall be
disseminated to local radio and television stations and to a newspaper having a general
circulation within the City. A knowing violation of these rules and regulations shall be a
misdemeanor punishable under Section 1-15 of the City Code.
DATED this _____ day of April, A.D. 2020.
__________________________________
Darin A. Atteberry, City Manager
City Manager’s Office
300 Laporte Avenue
PO Box 580
Fort Collins, CO 80522
970.221.6505
970.224.6107
fcgov.com
EMERGENCY RULES AND REGULATIONS No. 2020-07
To all persons take notice:
That for the protection of life, health, safety and property as affected by reason of the Novel
Coronavirus 2019 (COVID-19), which resulted in my declaration of a “local emergency” under
the authority of Chapter 2, Article IX of the Code of the City of Fort Collins, (the “City”) and
which declaration of local emergency was filed with the City Clerk and with the Colorado
Division of Emergency Management on March 13, 2020, and extended by City Council adoption
of Resolution 2020-030 on March 20, 2020, I have hereby established, under the authority of
Sec. 2-671(a)(6)a, the following rules and regulations:
1. Commencing on April 1, 2020, and until further notice, City staff SHALL NOT issue
citations for the following parking infractions:
x Traffic Code Section 1204(6)(a): violations of the “4-Hour Block Face Rule”
or otherwise parking in a time limited space past the posted time (e.g., 30-
minute, 1-hour, 2-hour, etc.);
x Traffic Code Section 240(2): displaying an expired registration on a license
plate;
x Traffic Code Section 1801(4): immobilization of vehicles (aka. “booting”),
however, the City may still tow vehicles pursuant to Traffic Code Section
(1801(1)(a)(1)-(3); and
x Traffic Code Section 1214.5: parking in a Residential Permit Parking Area
without a permit.
2. City staff SHALL continue to issue citations for the following parking infractions:
x Traffic Code Section 1204(2)(g): parking where prohibited by a red curb;
x Traffic Code Section 1204(2)(b): parking within 15 feet of a fire hydrant;
x Traffic Code Section 1204(3)(b): parking where prohibited by sign;
x Traffic Code Sections 1208(5) and (9): parking in an ADA spot or blocking
access to ADA curb ramp or passenger loading zone;
x Traffic Code Sections 1216 and 1217: parking in loading zones;
Rules and Regulations
April 1, 2020
Page 2 of 3
x Traffic Code Section 1204(2)(a) and 1212: blocking a driveway or an alley;
and
x Traffic Code Section 1204(3): parking in travel lanes, including bike and
transit lanes.
This list is not meant to be exhaustive and Parking Enforcement may continue to issue citations
for any other infraction not specifically mentioned in Section 1 above, with an emphasis on
citing traffic safety infractions.
3. I am further directing City staff to implement the following Parking Enforcement
administrative practices:
x Mail notifications of violations will be discontinued to prevent citations from
going through the initial 15-day escalation cycle.
x Escalations of unpaid violations have been turned off for all citations to allow
for additional time to contest or pay.
x Existing permit holders will be afforded a one-time waiver if their permit
lapses during the local emergency, allowing them to resume their permit when
they are able to report to work again. This period will be limited to no more
than 2-months after regular operations resume.
x All parking permit waitlist fulfillment will remain on hold until further notice
to allow those that have let their permit lapse to resume their permit when they
are able to report to work again.
x Businesses that request full refunds for permits will either receive, at their
option: 1) an account credit to be used after the local emergency is terminated
in order to resume their permit or 2) a refund for all unused months without
the possibility to reactivate their permits after the local emergency is
terminated unless availability exists, otherwise, the business will be placed on
a waitlist.
x Citations will be placed on hold if the customer needs to contest their citation
but cannot come into the Parking Services office, allowing them to contest
once regular Parking Services business operations resume. Customers that
wish to place their citation on hold may contact Parking Services at the email
address or phone number below.
Community members with additional questions can contact the City’s Parking Services
department at parkingservices@fcgov.com or by calling 970-221-6617 and pressing 0.
4. Nothing in this emergency regulation shall prevent the City from utilizing such other legal
mechanisms as are available to it, including, without limitation, the Traffic Code, the Fire Code,
the Building Code, Chapter 20, Article I of the City Code and/or the Uniform Code for
abatement of dangerous buildings in cases of emergency.
Rules and Regulations
April 1, 2020
Page 3 of 3
Pursuant to Section 2-671(e) of the City Code, the rules and regulations set forth herein shall be
disseminated to local radio and television stations and to a newspaper having a general
circulation within the City. A knowing violation of these rules and regulations shall be a
misdemeanor punishable under Section 1-15 of the City Code.
DATED this 1st
day of April, A.D. 2020.
__________________________________
Darin A. Atteberry, City Manager
City Manager’s Office
300 Laporte Avenue
PO Box 580
Fort Collins, CO 80522
970.221.6505
970.224.6107
fcgov.com
EMERGENCY RULES AND REGULATIONS No. 2020-08
To all persons take notice:
That for the protection of life, health, safety and property as affected by reason of the Novel
Coronavirus 2019 (COVID-19), which resulted in my declaration of a “local emergency” under
the authority of Chapter 2, Article IX of the Code of the City of Fort Collins, (the “City”) and
which declaration of local emergency was filed with the City Clerk and with the Colorado Division
of Emergency Management on March 13, 2020 and extended by City Council adoption of
Resolution 2020-030 on March 20, 2020. In accordance with the guidance of the Larimer County
Sixth Public Health Order Re: Stay-At-Home dated March 25, 2020 defining “essential
businesses” (which currently expires on April 17, 2020, although it may be extended or replaced
with a subsequent similar Order), this additional Regulation regarding Temporary Sign
Encroachment is now appropriate. I have hereby established on April 3, 2020, under the authority
of Sec. 2-671(a)(6)(a) the following rules and regulation:
1. Commencing April 3, 2020, and until further notice, City staff shall not enforce the Fort
Collins Municipal Code Section 23-46 (Encroachment in the Right of Way) or Section 23-81
(Permit requirement for encroachment into the City’s Right of Way) as they relate to temporary
signage placed by essential businesses that are otherwise compliant with Chapter 24 of the Fort
Collins Municipal Code and Section 3.8.7.3 of the Fort Collins Land Use Code, so long as the City
Engineer, or his designee, do not determine the placement of the temporary signage creates a
significant safety concern or safety hazard.
2. Additionally, commencing April 3, 2020, and until further notice, City staff shall not
enforce City Land Use Code Section 3.8.7.3(D) with regards to citations for Temporary Sign
Encroachment in the Right of Way for essential businesses regardless of whether a sign has
exceeded the time limit for such sign, provided it is consistent with this Emergency Regulation.
3. Additionally, commencing April 3, 2020, and until further notice, City staff shall not
enforce Fort Collins Land Use Code Section 3.8.7.3(E) for essential businesses with respect to
Banners and Pennants regardless of whether such Banner or Pennant has exceeded applicable the
time limit, provided it is consistent with this Emergency Regulation.
4. For the purpose of this emergency regulation, “essential business” shall be defined in
reference to the current Colorado State Department of Public Health implementation Implementing
Amended Emergency Rules and Regulations
March 30, 2020
Page 2 of 2
the Stay at Home Order (“Order”). This Regulation is always meant to be read in conjunction
with the most current version of this Order.
5. No other modifications to the City of Fort Collins Land Use Code or Municipal Code are
intended. Citizens shall continue to comply with all design, location, installation, illumination,
display, operation, repair, maintenance, material, size, placement, safety and content regulations.
6. This regulation in no way restricts City staff’s ability and authority under LUC
3.8.7.1(2)(B)(1)(a) & (b) to promote public safety and direct action in accordance therewith.
7. I find that this emergency rule and regulation is reasonable and necessary to promote the
health, safety and welfare of the public as it will allow essential business, which are permitted to
stay open under various state and county orders, to identify themselves to [or communicate with]
people who need to locate them during the pendency of the emergency.
8. Nothing in this emergency regulation shall prevent the City from utilizing such other legal
mechanisms as are available to it, including, without limitation, the Traffic Code, the Fire Code,
the Building Code, Chapter 20, Article I of the City Code and/or the Uniform Code for abatement
of dangerous buildings in cases of emergency.
9. Pursuant to Section 2-671(e) of the City Code, the rules and regulations set forth herein
shall be disseminated to local radio and television stations and to a newspaper having a general
circulation within the City. A knowing violation of these rules and regulations shall be a
misdemeanor punishable under Section 1-15 of the City Code.
10. This Emergency Order shall remain in effect until superseded or rescinded, or until the
Order expires and extended or superseded by a subsequent Order, or upon the termination of the
local emergency, whichever first occurs.
__________________________________ Dated: ____________________
Darin A. Atteberry, City Manager
EXHIBIT C
EXHIBIT B
EXHIBIT A