HomeMy WebLinkAboutOrdinance No. 19926ORDINANCE NO. 19926
AN ORDINANCE GDNCERNING CITY BOARDS, CON~ISSIDNS AND
COMMITTEES; AMENDING SECTIONS 2.013, 2.154, 2.210,
2.1105, 5.232, 5.285, 6.325, 8.005, AND 8.305 OF
THE EUGENE CODE, 1911; ADDING A NEW SECTION 2.355 TO
THAT CODE; REPEALING SECTIONS 2.050, 2.051, 2.052,
2.053, 2.054, 2.105, 2.1D1, 2.109, 2.111, 2.150, 2.151,
2.152, 2.153, 2.155, 2.156, 2.151, 2.158, 2.159, 2.160,
2.161, 2.162, 2.163, 2.164, 2.165, 2.16fi, 2.110, 2.215,
2.235, 2,240, 2.245, 2.241, 2.249, 2.251, 2.293, 2.295,
2.404, 2.405, 2.406, 2.630, 2.fi32, 2.634, 2..636, 3.119,
3.121, 3,123, 3.125, AND fi.315 DF THAT CODE; AND
DECLARING AN EMERGENCY.
THE CITY OF EUGENE DOES ORDAIN AS FOLLOWS:
e i .Section 2.013 of the Eugene Code, 1911, i s amended to provide:
2.013 Cit Council -Board Commissions nd Committees.
~ 1 } The following are the presently consti tuted boards, commissions
and committees of the city with the number of members and names of the appointive
authority indicated thereafter, together with the term and the authority for such
board, co~ni ss i on or committee:
Budget Comma ttee
No. of Members:
Appointment Process:
Term:
Authority:
8 Citizens
8 Councilors
Council appoints
3 years
EC 2.013, ORS 294.335
Citizen nvol vement Committee
No. of Members:
Appointment Process:
Term:
Authority:
6 Citizens
1 Counci l ar
1 Planning Commissioner
1 Neighborhood leader Drganizatian
Representative
Mayor nominates, Council appoints
3 years ~fi Citizens}
Indefinite ~1 Planning Commissioner,
1 Councilor}
2 years ~1 Neighborhood Leaders Council
Representative}
Council action, Ordinance 18710
Ordinance • 1
Eugene Water and Electric Board
No . of Members :
Appointment Process:
Term:
Authority:
5
Elected
4 years
EC 2 ,115, EC 2 . X368
uman i t
Hc,~_ma~n. Ri ahts ,~o~m,~ ss i an
No. of Members:
Appointment Process:
Term:
Autharity:
14 Citizens
1 Councilor or the Mayor
Council appoints
3 years
EC 2.250
Human i ht Commi ss i o - A end Committee
No. of Members: ~ 4The Chairperson from the Human Rights
Commission and the Chairperson from
each standing committee
Appointment Pracess: The Commission and each standing
cornmi ttee elects chairpersons
Term: During service as Chair of the Commission
or a stand i ng committee
Authority: EC 2, 280
Hum n Ri hts ommission - standin Committees
Comm,„ttee on Acces~s,,,,b,~, ] ~` tv :,
No. of Members: to ~ Fi ve from the Human Rights Commission
five citizens
Appointment Process: Commission nominates, Caunci 1 appoints
Term: Commission members: during service on
Commission; Citizen members 3 years
Authority: EC 2.28a
Committee on Discrimination and Harassment:
No. of Members: 10 ~ Fi ve from the Human Rights Commission,
five citizens
Appointment Process: Commission nominates, Council appoints
Term: Commission members: during service on
Commission; Citizen members 3 years
Authority: EC 2.284
Committee on Communit Education and Outre ch:
No, of Members: la ~ Fi ve from the Human Rights Commission,
Ordinance - 2
Appointment Process;
Term:
Authority:
Lane Council of Governments
No. of Members:
five citizens}
Ca~ni s s i on nominates, Counci 1 appoints
Commission members : during service on
Commissions Citizen members 3 years
EC 2.280
1 Councilor
1 Alternate
Mayor nominates,
Indefinite
Council Action
Council appoints
Appointment Process:
Term:
Authority:
lane Re i ona1 Air Pol 1 ut i on Authori t
No. of Members: 1 Counci 1 or
Z Citizens
Appointment Process: Mayor appoints, or reappoints Councilor
Mayor nominates, Counci 1 appoints citizen
members
Term: Counci 1 or member appointed or reappointed
annually
3 years -citizen members
Authority: ORS 468.524
,,,,,,,~,t ro P om,~ tag
No. of Members; 2 Counci 1 ors, Eugene
Administrative Officer of Eugene
Appointment Process: Council appoints
Term: Indefinite
Authority: Ordinance I9451 .
Metro Wastewater Mana emen ommissian
No, of Members:
Appointment Process:
Term:
Authority;
Term:
Authority:
Ordinance - 3
1 Counci 1 or
2 Citizens
~ Ex officio
Mayor nominates, Counci 1 appoints
City Manager appoints ex officio members
Indefinite ~1 Councilors
3 years ~~ Citizens
Council action, Intergovernmental Agreement
4 years
ORS X21.030
Plannino Commission
No. of Members:
Appointment Process:
Term:
Authority:
l
2 ex officio
Council appoints ~1 Members
City Manager appoints ~z ex officio}
4 years
EC 2.330, oRS ~2~.030
a mi - mm' t
~,i stogy c Review Roard:
wn uuwu~rmonw
No. of Members: 2 P1 anni ng Commissioners
5 Citizens
Appointment Process: Mayor and Planning Commission President
norm Hate, Counci 1 appoints
Term: Pi ann i ng Commissioners during the i r term or
as determined by P1 ann i ng Commission
President
4 years citizen members*
Authority: EC 2.355
*Of the terms of the citizen members commencing July, 1993, three shall be
appointed for athree-year term and two shat 1 be appointed for a four year
term.
iverfront Research P r Commissio
No, of Members: 1
Appointment Process: 4 members selected by the President of
the University of Oregon and appointed
by the Mayor
3 members nominated by the Mayor,
appointed by the Council
Term: Z years
Authority: EC x.220
So thern Wi 11 amette ri vote Ind str Counci 1
No. of Members: 22 City Members
Appointment Process: Mayor nominates, Counci 1 appoints
Term: 3 years
Authority: Intergovernmental Agreement between Lane
County, Springfield, Eugene
t2~ In addition to the boards and commissions in subsection ~1~
above :
Ordinance - 4
~a~ The counci 1 may create council standing or ad hoc
committees to advise the counci 1 on the creation of policy and
develop recommendations for council d i rect i an or action; and,
~b~ The city manager or designee may create departmental
advisory ad hoc committees to make recommendations to city staff and
departments concerning the implementation of city pot i cy.
At the time an ad hoc comrni ttee i s created, the council i n the case of a
cormni ttee established by the counci 1, or city manager or designee i n the case of
a department committee, shall specify the charge or task be accomplished by a
specific date, and the committee wi 1 l cease to exist upon completion of the
assigned task and submission of its final report.
~3} The mayor shat 1 nominate, and the council shall appai nt the
members of any committee established by the council unl ess a di fferent procedure
i s specified at the, time the committee i s established. The city manager ar
des gnee shall appoint the members of department adv~ svey ad hoc comrni ttees,
unl ess a di fferent procedure i s specified at the time the committee i s
established. The number of members of each cammi ttee will be as established at
the time i t i s created,
~4~ As the need arises to fill any vacancy, or from time to time
as the council directs, the city shall conduct a wel l planned publicity campaign
making use of media, community centers, nei ghborhoad associations, and other
civic interest groups to create an awareness among the public of the
oppartun i t i es for citizen participation i n l oval government . All releases shat 1
be designed so as to make known the number and nature of board, commission and
committee vacancies, any existing criteria for selection, the timing and methods
of appointments and selection procedures, and an explanatory statement regarding
the limitations on opportunities to serve.
~5~ At such times as may be appropriate throughout the year, the
city manager shat 1 cause to be distributed and cal 1 ected, citizen interest forms
on which interested citizens may indicate their interest in participating in
1 oval government areas of special interest to them. The forms shall be prepared
by the city manager and approved by the council , and shall be so designed as to
be appl i cabl a to both existing positions and such new positions as may be created
from time to time, including positions on ad hoc co~i ttees, and shall conta i n
space for such information as the app] i cants's apprapri ate ci vi c and neighborhood
experience, applicable ski 11 s, appointments of particular interest to them, and
the times ~s} which they wi 1 l be avai 1 abl a to serve. In addition, the forms shat 1
contai n a space for the applicant's consent to the sharing of the completed form
with other interested units of local government.
~6} All appointments to the boards, commissions and committees of
the city shall be made as indicated in subsections ~1~ and ~Z} above, or as
designated by the ordinance or state 1 aw creating the board, commi ssi an or
cammi ttee. In nominating or making appointments, the counci 1, mayor, or city
manager or designee shat 1 take into consideration i of ormat i an provided by the
citizen interest form, and shall nominate or appoint only those persons who at
the time of appointment, reside within the city's urban growth boundary. l f
during their term a member ceases to reside within the city's urban growth
boundary, the position shat 1 be vacated, effective as of the date a qual i f i ed
res ~ dent from wi the n the city's urban growth boundary wi 11 i ng to serve i s
appointed to f i 1 l the position. The council , by majority vote, or the city
manager or des ~ gnee, may way ve the residency requirement only i f there i s no
qualified resident f rom wi th i n the city's urban growth boundary wi 11 i ng to serve.
Ordinance - 5
~ 1~ Any and a1 l boards, commissions and committees appointed
pursuant to state ] aw or ordinance of the city sha11 exercise the functions and
perform the responsibilities therein contained. Any ad hoc committee created by
the council ar department advisory ad hoc committee created by the city manager
or designee shall perform the duties prescribed at the time the committee i s
created. Ali committees sha11 have a chaff rperson to be appointed by the counci 1,
or city manager or designee, or i n the absence of such appoi ntment a chaff rperson
and secretary sha11 be elected by vote of a ma jori ty of the committee at its
first meeting. Committee membership may include members of the counci 1 anal
interested citizens, or both.
~5~ The membership of an ad hoc committee appointed for a specific
purpose shai l end at the time the final report of the committee i s made to the
council or city manager or designee.
~9~ Except for terms expiring December 31, 1993, and unless
otherwise .provided i n the ordinance, resolution, state law or other action
creating the board, commission or committee, the terms of all members on boards,
commissions and committees other than ad hoc or department advisory committees
shai i expire on May 31 of the year the member's term has been designated to
expire. If no quaff i f i ed successor has been appointed as of that date, a member's
term shat l continue anti 1 the member's successor i s appointed and qualified. The
terms that are designated to expire on December 31, 1993 shat 1 be extended to May
31, 1994, providing the member i s wi 11 i ng to continue serving.
~ 10} vacancies on boards, commissions and committees, including ad
hoc and department advisory committees, shall be f i l 1 ed i n the same manner as
on g i na1 appointments, unless those procedures are i n conflict with the
ordinance, resolution or state i aw creating the same.
~ 11 ~ Pursuant to the requirements and provisions of section 294.336
of Oregon Revised Statutes, a budget committee sha11 .consist of all members of
the counci i and a 1 i ke number of qualified e1 actors of the city, who shai 1 be
appointed pursuant to the following:
~a} On or before the fourth Monday in the month of January
of any year, vacancies i n the office of appointive members of the
budget committee shal 1 be f i 11 ed by appoi ntment by the counci 1.
~ b~ Appointive members of the budget committee shat 1 be
appointed for terms of three years, and subsequently, upon council
approval , may be reappointed once to such position upon expiration
of the term ari gi nal 1y appointed for. Yacanci es i n the appointive
membership of the budget committee shall be f i 1 l ed i n the same
manner as original appointments.
Section. Sections 2.050, 2.051, 2.052, 2.053, 2.054, 2,105, 2.101,
2.109, 2.111, 2,150, 2,151, 2.152, 2.153, 2.155, 2.156, 2.151, 2,155, 2.159,
2,160, 2.161, 2.162, 2.163, 2,164, 2.165, 2.166, 2.110, 2.215, 2.235, 2.240,
2.245, 2.241, 2.249, 2.251, 2.293, 2.295, 2.404, 2.405, 2.406, 2.630, 2.632,
2.634, 2.636, 3.119, 3,121, 3.123, 3.125, and fi.315 of the Eugene Code, 1911, are
repealed.
Ordinance - 6
~,ec 'an .Section 2.154 of the Eugene Code, 1911, is amended to provide:
2.154 Downtown Devela men `str'c - Ba ndar'e .The Downtown Development
District i s defined as that part of the city bounded by a 1 i ne:
Beginning at the intersection of the center 1 i ne of 10th Avenue with
the center 1 i ne of l i ncol n Street; and running thence north to the
center line of 8th Avenue; thence, easterly to the west line of lot
8 cif extended southerly} in block 8, Skinner's Addition; thence,
north along said west 1 i ne to the center of the east-west alley
between lth Avenue and 8th Avenue; thence, east to the center of
block 1, Skinner's Addition; thence, north fi0 feet; thence, east to
the centerline of Olive Street; thence, north to the center 1 i ne of
1th Avenue; thence, east to the center of the north-south alley
between Wi 11 amette Street and Oak Street; thence, south to the
center 1 i ne of South Park Street; thence, east to the center 1 i ne of
East Park Street; thence, north to the center line of 8th Avenue;
thence, east to the center 1 ine of Pearl Street; thence, south to
the center 1 ine of 11th Avenue; thence, west to the center of the
north-south al ~ ey between Pearl Street and Dak Street; thence, south
to the north line of lot fi, block 2, Christian's Addition; thence,
west to the center 1 i ne of Dak Street; thence, north to the south
line of lot 4 ~ i f extended east} , b1 ock 20, Mul 1 i gan's Donation;
thence, west to the center of the north-south alley between oak
Street and Willamette Street; thence, south 120 feet; thence, west
tv the center 1 i ne of Willamette Street; thence, north to the north
1 i ne of l of l ~ i f extended east} , block A, Dorris Addition; thence,
west to the center of the north- south alley between Wi 11 amette
Street and D1 i ve Street; thence, south to the center of the
east-west alley between 11th Avenue and 12th Avenue; thence, west to
the center 1 i ne of Olive Street; thence, north to the center 1 i ne of
11th Avenue; thence, west to the center line of Charnel tan Street;
thence, north to the center 1 ine of loth Avenue; and thence, west to
the paint of beginning.
Section 4. Section 2.210 of the Eugene Code, 1911, i s amended to provide:
2.210 ,human ,Rights Commiss~~'on~- Membership.
~1} The commission shall consist vf:
~ a} Dne member of the city council or the mayor;
~ b} Fourteen citizens wi th a demonstrated interest i n or
knowledge of the human rights concerns of the community, chosen to
ensure a balance between men and women on the commission as well as
representation from the racial , ethnic, religious, disabled and
other groups i n the cammuni ty.
Members shall be appointed by the counci 1.
~ 2 } vacancies on the commission shall be filled i n the same manner
as original appointments. Except where the vacancy occurs because the member
from the council or the mayor ceases to serve on the commission, the council
shall appoint within 3o days of the .position becoming vacant a person to complete
Ordinance - 1
the unexpired term Pram the membership of the commission's standing committees.
A position becomes vacant upon:
~a} The death or resignation of the incumbent;
fib} Removal of an incumbent far nonperformance of duty or
upon recommendation by the comrni ss i on after the commission has
determined that the incumbent has failed to property represent the
commission or otherwise damaged the work of the commission, and the
council has concurred with that deterr~i Hatt on;
~c} Failure of the counci i to reappoint an incumbent at the
expiration of his or her term; or
~d} The incumbent ceasing to be qualified for initial
appointment.
~3} Each citizen member shat l serve a three year term. No member
of the commission shall serve more than six consecutive years as a member of the
commission.
~4} Members of the commission shall be persons who have activeiy
demonstrated interest and expertise i n efforts to eliminate injustices related
to discrimination in
~a}
fib}
~C}
~d~
fie}
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fig}
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such areas as the following:
The rights of women;
The rights of people with di sabi i i t i es;
The rights of African-Americans;
The rights of Ass an-Americans and Pacific Isi anders;
The rights of Latinos and Hispanics;
The rights of Native Americans;
The rights of the aging;
The rights of youth;
The rights of rel igivus minorities;
The rights of gays and lesbians; and
The rights of tow-income and homeless people.
e Anew Section 2.355 i s added to the Eugene Code, 1911, to
provide:
2.355 P1 annin Commission - Standin Cammittees.
~ 1 } Created. The Historic Review Board i s hereby created as a
standing committee of the Pi ann i ng Commi ss i vn.
~Z} „M,embe,rshia. The committee shalt have seven members, consisting
of two members of the planning commission; two members, to the extent they are
avai 1 abl e i n the community, who are an architect with preservation expertise and
a historian with knows edge of 1 ocai history; two prof essi onai s wi th demonstrabi e
interest, competence, or knowledge of hi start c preservation i n the disciplines
of landscape architecture, real estate, construction, community development,
urban planning, archeology, i aw, finance, cultural geography, cultural
anthropal ogy, or res ated disciplines; and one citizen.
~3} A ointment and Terms of Office. Members shat 1 be nominated
by the mayor and planning commission president and appointed by the counc i i ,
except for the planning commission members who shat i be appointed by the
president of the planning commission. Other members shall serve for four-year
terms, except for the first appointees who shat 1 serve for the foi l owi ng terms:
three members shad be appointed initially for three-year terms., and two members
shat 1 be apploi rated initially for four-year terms. A vacancy shat ~ be f ~ ~ 1 ed i n
Ordinance - 8
the same manner as on gi nai appointments and the appointee shall hoi d office for
the remainder of the unexpired term.. A member who i s absent for more than three
consecutively scheduled meetings without having been excused by the president of
the pi anni ng commission shat i be removed and the vacancy f i 1 i ed.
~ 4 } Officers meet ~ n s and rui es of racedure. The officers of the
committee shall be a chairperson and vice-chairperson, elected by majority vote
of the committee. The chairperson shall preside at meetings of the board aid
shal 1 have the right to vote. The vice-chairperson shai l , i n case of absence or
di sabi i i ty of the chairperson, perform the duties of the chairperson. 4f f i cers
shai 1 serve for terms of one year or unti 1 thei r successors are regui arly ei ected
and take office. The committee shat 1 hal d meetings at such times as i t deems
necessary, and shat 1 a1 so meet upon the cal 1 of the chairperson. four members
of the committee shai i const i tuts a quorum. The concurring vote of a ma j on ty
of members present shall be required for approval or disapproval of any motion
or other action of the committee. Ail meetings shall be open to the pubs i c. At
public hearings, al 1 interested parties shat 1- be enti ti ed ~ to appear and address
the committee. The committee may make and .ai ter rules for its conduct and
procedure, providing they are consistent with state 1 aw and apps i cabl a prov i s i ons
of the city charter, ordinances and policies.
~5} owers and duties. The committee sha11 take all steps
necessary to preserve historic properties pursuant to this code and shall support
programs and projects which will help make the citizens of the city and its
visitors aware of its origin, development and historic significance . Pursuant
to chapter 9 of this code, the committee shat i
~a} Designate an historic landmark;
fib} Remove historic 1 andmark status when any 1 andmark has
deteriorated, been altered or destroyed, and no i onger meets any of
the criteria i n chapter 9;
~ c } Act upon applications concerning moving or demolition of
historic properties;
~d} Review and act upon appeals of planning director
decisions far historic property alterations, including appeal s
initiated by the committee.
Section .Section 2.1105 of the Eugene Code, 1971, is amended to provide:
2.1105 HOUSin Develo meat Pro'ects - Definitions. Except where the context
otherwise requires, the definitions given in this section govern the
construction of sections 2.1102 to 2.1135 of this code.
~ a} Pro 'ect means any residential housing devei opment on
i and within the corporate i i mi is of the city.
fib} ~_9~ bl_e aro~ ct means a pro jest found by the city to
meet the standards adopted pursuant to 2.1102 to 2.1135 of this
code.
~c } Cost includes, but i s not limited to, the definition of
cost at ORS 284.4104} and other charges and expenses which qualify
for payment out of the proceeds of bonds issued under sections
2.1102 to 2.1135 of this code.
~d} Cammi ttee means the committee estabi i shed by the city
manager or designee, to perform the functions and duties prescribed
in sections 2.lllo to 2.1135 of this code.
Ordinance - 9
fie} Director means the person appointed by the city manager
as the executive di rector of the city's p1 anni ng and development
department, ar his or her designee.
,~c~or~1. Subsect i an ~ 1 } of Sect i an 5. Z3Z of the Eugene Code, 1911, i s
amended to provide:
5. Z3Z Pro i bi ted Parkin i n Downtown Devel o ment District.
~ 1 } The proh i bi ti ans on parking cantai ned i n this secti an apply i n
the Downtown ~ Devel opment District established by section 2.154 of this code.
~, o~„~. Subsect i an ~ 5 } of Sect i an 5. Z85 of the Eugene Code, 1911, i s
amended to provide:
5.285 Char a for Off- r e P rkin .
~ 5 } Except far the airport as defined i n section 2.415 of th i s
code, the following maximum charges are hereby established for off -street parking
facilities provided by the city. The charges for a specific facility or part
thereof and the conditions upon which parking i s authorized shall be established
by administrative action of the city manager:
Hauriy Rates ~Z.DD
Daily* ~ ~3.5D
Special Event** X3.04
Monthly Permit ~5D.OD
* 1 a. m. to 6 p. m. except Sundays and Holidays .
** after fi p.m. any day of the. year and all day Sundays and
holidays notwithstanding other provisions of this chapter.
' .Section fi.3Z5 of the Eugene Code, 1911, is amended to provide:
6.325 Areal . Any person who i s den i ed a permi t, or i s granted a permi t
with cond i t i ans, may appeal the den i a1 or imposition of conditions,
by f i 1 i ng a wri tten nvt i ce of appeal with the city manager or designee within 15
days of the date of denial or the date of issuance of the permit with conditions
imposed. The, appeal shall be governed by section Z.OZ1 of this code. The appeal
must include the specific basis ar bases upon which the appellant asserts that
the decision was i n error.
Section 1D. Subsection 8.0051} ~c} of the Eugene Code, 1911, is amended
to provide :
8.005 Administrative ode.
(7) e ls.
Qrdinance - 10
~c~ C d 'rater ret ion d e m' e ` .
1. Creation. The city manager or designee shall
create a Constructs on Cade ~ Board of Appeals consisting of
members who are qualified .by experience and training to act
upon matters pertaining to bus1dirag construction and busldirag
service equipment and who are not emp1 oyees of the city. The
city manager, or designee, shall adopt rules of procedure for
conducting the board ~ s business. The board shat 1 have no
authority to interpret the provisions of this administrative
code, be empowered to waive requirements of the technical
codes, nor render a deci si on which conflicts wi th a wrs tten
decision or interpretation issued by a state agency.
2. rounds for eal to the construction od r
of aaaea1 s.. A person may appeal to the board when the person
claims that the city has denied, suspended ar revoked a permit
based on the application of the techn s cal codes, or that the
city has misinterpreted the true intent of a techni cal code.
The owner of a bus 1 d i ng or structure or property also may
appeal f rom a dec i s ion of the city manager refusing to grant
a modification to the provisions of a techn i cal code covers rag
the design or method of construction or maters a1 s to be used
s an the erection, a1 terat i on or repair of the building or
structure o~r bus 1 di rag service equipment when i t i s the
applicant's bet ief that he/she has proposed an equally good or
better maters a1 or method of construction or instal 1 at i on than
that required by a technical cede.
3. Membershi of onstruction code ba d o a e 1 .
The city manager or designee sha11 establish by administrative
order the number of members of the construction code beard of
appeals, the manner of appointment, and the terms of office.
ect i n Subsection ~ 1 ~ of Section 8.305 of the Eugene Code, 1911, i s
amended tv provide:
8.305 Board of Appeals.
~ 1 ~ The Construction Code Board of Appeals, as created pursuant to
section 8.005 shall act as the weathers zati on Cade Board of Appeals,
S c i n .The City Recorder, at the request of, or with the concurrence
of the City Attorney, is authorized to administratively correct any reference
errors contained herein ar i n other provisions of the Eugene Code, 1911, to the
provisions added, amended, or repealed herein .
S c i That the matters contained herein concern the public health,
welfare and safety and therefore, an emergency is hereby declared to exist, and
Ordinance - 11
this Ordinance shall become effective it~tedi ately upon its passage by the City
Council and approval by the Mayor, retention by the Mayor for more than ten days,
or readoption over a Mayoral veto by tyro thirds of all members of the City
Council ,
Passed by the City Caunci l thi s
28th day of June, 1993
~eow~, City Recor er
1
Approved by the Mayor th i s
28th day of June, 1993
i 1
~i
Mayor
Ordinance - 12