HomeMy WebLinkAbout1996-11-19; City Council; 13920; REVISION TO CARLSBAD MUNICIPAL CODE CHAPTER 11.16 WORK IN PUBLIC RIGHTS-OF-WAY”.
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MTG. 11/19/96 CHAPTER 1 1.1 6 CITY ATTY.
DEPT. ENG CITY MGR.
CITY OF CARLSBAD - AG P hJDA BILL 0
REVISION TO CARLSBAD MUNICIPAL CODE
WORK IN PUBLIC RIGHTS-OF-WAY
RECOMMENDED ACTION:
Introduce Ordinance No. /v s - 3 86
Public Rights-of-way, of the Carlsbad Municipal Code. repealing and re-enacting existing Chapter 11.
ITEM EXPLANATION:
The City Council has identified the revision of the Right-of-way Ordinance as an objecti\
This revision represents one element of a larger effort to streamline the City’s developmc
Currently, an applicant who wishes to do work of any kind in the public right-of-way m
Right-of-way Permit. If a permanent above-ground encroachment is being installed, tl
must also get an Encroachment Permit issued by the City Council.
The proposed revision has two purposes. First, it will make above-ground enc administrative so that City Council approval is no longer required. Second, it will str
permit issuance process so that applicants need only apply for a Right-of-way Perm
result in reducing processing time up to one month and saving staff time for other dutic
The revision will give the City Engineer or Redevelopment Director (if encroachme
redevelopment area) the authority to require an encroachment agreement if he detem
necessary based on the size, duration, and/or nature of the encroachment.. The er
agreement will require that the property owner remove the encroachment at a future da
necessary by the City.
ENVIRONMENTAL REVIEW:
Section 15061(b)(3) of the CEQA Guidelines states that CEQA applies only to actions
the potential for causing a significant effect on the environment. Where it can be seen \I
that there is no possibility that the activity in question may have a significant e
environment, the activity is not subject to CEQA. The proposed ordinance amendmr
procedural in nature and will not have an effect on the environment. The Planning Dire(
Notice of Exemption upon City Council approval.
FISCAL IMPACT
The fiscal impact of the proposed revisions are expected to be insignificant. In fiscal y
a total of $250 in Encroachment Permit fees were collected. Fiscal year 1995/96 Ei
Permit fees collected were $50. The loss in fee revenue due to the elimination of the E
Permit will be offset by the reduced amount of paperwork and staff time needed to p
permits. The Finance Director will delete the Encroachment Permit fee from the fee sc
it is next revised.
EXHIBITS:
1. Ordinance No. NS-386 repealing and re-enacting existing Chapter 1’
Public Rights-of-way, of the Carlsbad Municipal Code.
Proposed Modifications to Right-of Way Ordinance. 2.
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Exhibit 0 0
ORDINANCE NO. NS-386
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF CARLSBAD,
11.16 OF THE CARLSBAD MUNICIPAL CODE.
WHEREAS, the City Council of the City of Carlsbad has adopted its 1996 gc
includes a goal for the Community Development Department to maintain safe City sta
improving the overall quality of field inspection, project processing, and front counter c
and,
CALIFORNIA, REPEALING AND RE-ENACTING EXISTING CHAPTER
WHEREAS, one of the objectives associated with maintaining safe City stand;
revision of the Right-of-way Ordinance; and,
WHEREAS, City staff completed a comprehensive review of Chapter 11.1f
Public Rights-of-way, of the Carlsbad Municipal Code; and,
WHEREAS, upon completion of the review of the Right-of-way Ordinance,
prepared a revision to the Right-of-way Ordinance consistent with the goals of the Ci
and,
WHEREAS, City Council has reviewed the revised Right-of-way Ordir
determined that it meets City Council goals; and,
WHEREAS, the revised Right-of-way Ordinance is not considered a project
subject to review per Sections 15378(b) and 15061(b)(3) of the California Environmer
Act (CEQA) Guidelines.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City 01
California, does ordain as follows:
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SECTION I: That Chapter 11.16, Work in Public Rights-of-way, of the
Municipal Code is hereby repealed.
SECTION II: That Title 11 is amended by the addition of a new chapter 11 .I
for Work or Encroachments in Public Places, to read as follows:
Chapter 11.16 The following words shall
following meanings as set ou
PERMITS FOR WORK OR chapter:
ENCROACHMENTS IN PUBLIC PLACES A. "City Engineer" means
Sections: designated representative.
Engineer of the city of Carlsbi
1 I .I 6.01 0 Title. B. "Encroachment" means an1
11.16.020 Definitions. any tower, pole, pole line, pipe,
11.16.030 City Engineer's authority fence, billboard, stand or buildinc
and structure or object of any kind or
responsibilities. not particularly mentioned
11.16.040 Redevelopment Director's subsection, which is placed in,
authority and over any portion of a Public Place.
responsibilities. C. "Facility" means any street,
11.16.050 Permits--Required. curb, gutter, fencing, pipe, pipeli
11 A6.060 Permits--Application. main, service, trap, vent, vault,
11.16.070 Relocation of structures-- meter, gauge, regulator, valve,
wire, tower, pole, pole line, anch
11 .I 6.080 Permits--Commencement junction box, transformer or a
material structure or object of an
11 .I 6.090 Permits--Requirements for character, whether enumerated
subsection or not which is constrL
I1 .I 6.1 00 Permits-Acceptance of placed or maintained in, up01
across, under or over any Public P
I1 .I 6.1 10 Permits-Denial and D. "Plans" means the 1
11 A6.120 Appeal procedure. Engineer describing the nature a
11.16.130 Right-of-way permit fees. of works proposed to be constr
11.16.140 Performance deposits. carried out on a Public Place.
11 .I 6.1 50 Placement of materials or E. "Public Place" means an
obstruction of streets. street, highway, way, place, alley,
I1 .I 6.1 60 Holding city harmless-- easement, right-of-way, park, squz
Insurance. or other similar public property (
11 A6.170 Exemptions. controlled by the city and dedi
public use.
F. "Redevelopment Director" rr
11.16.010 Title. Redevelopment Director of the
The ordinance codified in this chapter Carlsbad or his designated represe
may be cited as the "Right-of-way Permit G. "Specification" means the
Ordinance." Specifications for Public
Construction (current edition
supplements) written and promul
11.16.020 Definitions. Southern California Chapter
Removal of Encroachment.
and completion of work.
performance of work.
work.
revocation. developed and approved by
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Public Works Association and Southern 11 .I 6.040 Redevelopment Dire
California District Associated General authority and
Contractors or California Joint Cooperative
Committee and published by Building News In cases where a sign or table is
Incorporated, or such other Specifications to be placed in the right-of-way w
noted on approved Plans. Village Redevelopment Zon
H. "Standard Drawings" means the Redevelopment Director shall be
"Standard Drawings" of the City of Engineer's designated represent;
Carlsbad, adopted and revised by the City shall have all of the autho
Engineer and the most recently adopted responsibilities of the City Engineer
San Diego Area Regional Standard stated in this chapter.
Drawings.)
responsibilities.
11.16.050 Permits--Required.
No person shall do any of the
11 .I 6.030 City Engineer's authority acts without first obtaining a valic
This chapter shall be administered by the A. Make or cause to be m
City Engineer who shall have the excavation or opening, fill or obstr
responsibility and authority to: over, along, on, across or thro
Establish the form and procedures for Public Place for any purpose whats
application for right-of-way permits required Construct or repair or tau'
pursuant to this chapter including the constructed or repaired any curb,
certification of completed applications, the gutter, curb with integral guttf
approach, driveway, alley i approval of Plans, the establishment of files,
collection of fees and security deposits; spandrel and cross gutter, wheelch
Interpret the provisions of this chapter A.C. dike, or any other work of ar
and advise the public regarding covered by the city Standard Drs
requirements for Plans, Specifications and city policy within a Public Place;
special provisions for facilities or change, renew an Encroachment
Encroachments subject to the provisions of along or across or through any str
this chapter; of-way or Public Place excepting,
Establish format and content of Plans for or in connection with the inst2
and standards governing work on facilities poles, guys and anchors constri
or Encroachments pursuant to the use under franchise for pub1
provisions of this chapter; purposes where such poles, g
Issue right-of-way permits upon such anchors do not interfere with or lie I
conditions as determined are reasonable feet of existing improvements;
and necessary to protect the public health, Place any banner over, acroi
safety and welfare;
E. Consider and approve amendments, D. Plant, remove, cut, cut dov
including extensions, of any Right-of-way
Permit issued when such amendment is growing within any Public Place f
necessary to provide for the safe and necessary pruning or trimming tc
efficient movement of traffic or to protect persons or property;
Public Places, persons or property. Construct or modify or cau
The City Engineer shall, subject to constructed or modified, any storm
the authority of the Community conveyor of drainage wate
Development Director pursuant to section appurtenant items within a Public F
1.08.020, administer and enforce the F. Modify, alter or deface any t
provisions of this chapter. on or adjacent to Public Places;
G. Engage in any traff
operations in such a fashion as to :
and responsibilities. way permit:
A.
B.
B.
C.
D.
C.
along any Public Place;
or destroy any tree, plant, shrub,
E.
F.
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Public Place while constructing, demolishing of-way permit under this cha
or maintaining any Facility; performed construction work or p
Enter onto or exit from any Public maintained any Encroachment, to
Place at any location not approved and same at his own cost and expen:
constructed as a driveway; different location as is specified ir
I. Install marquees, awnings and demand of the City Engineer,
building mounted signs which obtrude into such move is necessary to er
a Public Place. safety and convenience of the
facilitate construction within the
11 .I 6.060 Permits--Application. way. The City Engineer shall spel
demand a reasonable time within
the acts described in Section 11.16.050 of work of relocation must be cor
this chapter shall make an application for a and the permittee must comme
right-of-way permit to the City Engineer. relocation within the time specifi
6. The following information shall be demand and thereafter diligently
included on the application: the same to completion.
1. The location, nature and Encroachment Agreement require
extent of work to be performed; City Engineer shall specify
2. The proposed date when such requirements and require adequatt
work shall be commenced; to enforce these provisions if the I
3. The proposed date when work fails to do so.
shall be completed;
4. Such other information as may 11.16.080 Permits-Commence
be required by the City Engineer. and completion of w
C. The City Engineer may require the Every permittee shall commence
application to contain an Encroachment stipulated in the right-of-way pe
Agreement if deemed necessary due to the diligently pursue the work to cc
size, duration, and/or nature of the without interruption within the tim
Encroachment. The Encroachment required by the right-of-way permil
Agreement shall require removal of the of-way permits issued under this
Encroachment by the Permittee upon shall be valid for the period of time
reasonable demand by the City Engineer, in the right-of-way permits, unless
adequate security for performance of such Engineer grants a time extension.
promise, and be in a form acceptable to the
City Attorney. It may be executed on behalf 11 A6.090 Permits--Requiremer
of the City by the City Engineer. performance of work.
D. If the work proposed to be done A. The permittee shall perform 1
requires the making of Plans or the setting in a timely manner, in accordar
of stakes, or both, the City Engineer may approved Plans, Specifications i
require the application to be accompanied standards; and to the satisfaction
by the necessary Plans, which Plans shall City Engineer.
be prepared by a competent engineer B. No person shall cause an
licensed by the State Department of improvement or appurtenant wor'
Consumer Affairs. performed upon any Public Place VI
E. Upon right-of-way permit issuance the city by any person other than a
application shall become part of the right-of- contractor or a public utility.
way permit. C. Any works conducted requii
temporary, partial or full closure
11.16.070 Relocation of structures-- traveled or pedestrian right-of-way I
Removal of Encroachment. be commenced until the permitt
The City Engineer may require any obtained a permit therefor pursuan!
8 or Title 10 of this code and hi
H.
A. Any person proposing to do any of
person who, pursuant to a duly issued right-
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issued a traffic-control permit stipulating the work has been completed accord
date, time and provisions under which requirements of this chapter and
closure may be carried out. of-Way Permit, shall issue a cer
D. As the work progresses, all streets acceptance which shall contain a
shall be thoroughly cleaned of all rubbish, of the location, nature and exte
excess earth, rock and other debris work performed under the Rig
resulting from such work. All cleanup Permit.
operations at the location of such work shall
be accomplished at the expense of the 11.16.110 Permits--Denial and
permittee. From time to time, as may be revocation.
ordered by the City Engineer, and in any A. . The City Engineer may
event immediately after completion of the issuance of a right-of-way perm
work, the permittee shall, at its own person who refuses or fails to COI
expense, clean up and remove all refuse the provisions of this chapter,
and unused materials of any kind resulting indebted to the city for past permit
from the work. Upon failure to do so, within or who in the judgment of the City
twenty-four hours after having been notified, has repeatedly violated permit pr
the work may be done by the city and the or failed to comply with conditions
cost thereof charged to the permittee. protection of the public health and I
Whenever it may be necessary for the B. The City Engineer may (
permittee to excavate through any issuance of a right-of-way perm
landscaped area, the area shall be person who refuses to exe
reestablished in a like manner after the Encroachment agreement as
excavation has been backfilled as required.
All construction and maintenance work C. Any permittee found in violat
shall be done in a manner designed to conditions of a right-of-way perm
leave the area clean of earth and debris and provisions of this chapter shall be
in a condition as nearly as possible to that written notice to comply stipulating
which existed before such work began. The violation. Upon receipt of a r
permittee shall not remove, even comply, the permittee shall take
temporarily, any existing trees or shrubs correct the condition of violation v
without first obtaining the consent of the period stipulated in the notice. If \n,
City Engineer. period appropriate measures have
E. All work affecting public implemented, the City Engineer mz
improvements or public safety shall be the right-of-way permit and t:
inspected by the City Engineer as follows: measures required to secure the 1
1. No person shall prevent or or return the work site to its
obstruct the City Engineer in making any condition. The cost of such work
inspection authorized by this chapter or in collected from the permittee.
taking any sample or in making any test;
City Engineer is required for all inspections;
with approved Plans and Specifications is
subject to rejection by the City Engineer.
shall be made in writing.
1 I .I 6.1 00
pursuant to section 1 1.16.060.
2. Twenty-four-hour notice to the 11.16.120 Appeal procedure.
A.. An individual may appeal the
3. All work not in conformance of the City Engineer made in rf
administration of this chapter to
Council within ten calendar days
4. Request for final inspections the decision. Appeals shall be ir
filed with the City Clerk and shall :
basis for the appeal.
Permits--Acceptance of appeal shall be in an amount as esi
work. by resolution of the City Counc
decision of the City Council shall be
The City Clerk shall thereul
Fees for
The City Engineer, upon determination by
survey or by inspection or by both, that the B
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time and place for hearing such appeal. be refunded to the permittee and
The City Clerk shall give notice to the bonds or security instruments
appellant and applicant/ permittee of the released.
time and place of hearing by serving the (d) If any deposit or securi,
notice personally or by depositing it in the sufficient for the protection of 1
United States Post Office in the City, interest in the Public Places,
postage prepaid, addressed to such Engineer may require an addition
persons at their last known address. or an increase in the security amount as he determines neces:
11.16.130 Right-of-way permit fees. permittee shall, upon demand, dl
Right-of-way permit fees shall be charged additional cash or security.
by the city for the processing of a right-of- Upon failure or refusal to pay,
way application and the issuance of a right- Engineer may revoke the perm
of-way permit. The fee shall be established recover the deficiency by approprii
by resolution of the city council and is for in any court of competent jurisdict
the purpose of defraying the cost of such deficiency is paid in full, r
processing an application, issuing the permit shall be issued to such pern
requested right-of-way permit, inspection of (e) Where work is to be done b:
works completed under the right-of-way or utilities operating under a
permit and other costs of administrating this issued by the city or regulated by
chapter. Public Utilities Commission or operated by governmental agen
11 .I 6.140 Performance deposits. permit may be granted without I
(a) As a condition of issuance of a deposit. In such cases, the permi
right-of-way permit, the City Engineer may be liable for the actual cost of an
require posting of a cash deposit or an be done by the city in restoring
equivalent security in a form acceptable to covered by the permit to the satis'
the city attorney. The City Engineer may the City Engineer.
require that up to one hundred percent of
any deposit be submitted in the form of a Placement of materii
cash deposit. The cash deposit may be obstruction of street
used at the discretion of the City Engineer No person shall place or mai
to provide for traffic-control, restoration of material or any obstruction or impel
public facilities or removal from the right-of- travel in or upon any Public Place
way of work, materials or equipment when permit to do so.
permittee or the permittee's agent fails to B. Persons violating provision:
act in a timely manner to provide for the section shall be issued a notice of
public health, safety or welfare. The deposit and given a specified time to rem'
shall otherwise be for the purpose of material, obstruction or impedime
guaranteeing performance of work failure to comply with the notice is
contemplated under the permit including and a public nuisance endangc
removal of Encroachments, if required. health, safety and general welfari
Each deposit shall be accompanied by a In addition to any other
Right-of-way Cash Security Agreement provided by law for the abatement
stipulating the uses and conditions under public nuisance, the City Engine
which the funds may be expended. after giving notice, cause th
(b) The amount of the deposit shall be necessary to accomplish the rem01
established by the City Engineer based on costs thereof may be assessed ag
the size, duration, and/or nature of the owner or owners of the project cre
Encroachment. obstruction.
(c) Upon completion and acceptance of C. Notice of removal shall be i
work under permit, any funds unused shall and mailed to all persons whose
1 I .16.150
A.
public.
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appear on the last equalized assessment proceed to confirm, modify or
roll as owners of real property creating the assessments.
obstruction at the address shown on the F. A list of assessments
assessment roll. Notice shall also be sent confirmed by the city council shall
to any person known to the City Engineer to the city treasurer for collection
be responsible for the nuisance. The City assessment is not paid within ten
Engineer shall also cause at least one copy its confirmation by the city counc
of such notice to be posted in a clerk shall cause to be filed in thl
conspicuous place on the premises. No the county recorder a notice
assessment shall be held invalid for failure substantially in the following form:
to post or mail or correctly address any
notice. The notice shall particularly specify NOTICE OF LIEN
the work required to be done and shall Pursuant to Chapter 11.14, Title
state that if the work is not commenced Carlsbad Municipal Code (0
within twenty-four hours after receipt of No. ), the City of Carl:
such notice and diligently prosecuted on the day of
(without interruption) to completion, the city 19-, cause maintenance and re
shall cause such work to be done, in which to be done in the public right-of-w
case the cost and expense of such work, purpose of abating a public
including incidental expenses incurred by caused by activities related to co
the city, will be assessed against the at the property described belo\
property or against each separate lot and Council of the City of Carlsbad dr
become a lien upon such property. day of
D. If upon the expiration of the twenty- 19 , by its Resolution No.-
four hour period provided for in subsection assess the cost or portion of
(c) of this section, the work has not been thereof upon the real property hc
done, or having commenced, is not being described, and the same has not t
performed with diligence, the City Engineer nor any part thereof, and the
shall proceed to do such work or cause Carlsbad does hereby claim a I
such work to be done. Upon completion of said real property until the same
such work, the City Engineer shall file interest thereon at the maxim
written report with the city council setting allowed by law from the date
forth the fact that the work has been recordation of this instrument has b
completed and the cost thereof, together in full and discharged of record.
with a legal description of the property property hereinbefore mentioned a
against which cost is to be assessed. The which a lien is hereby claimed is th:
city council shall thereupon fix a time and parcel of land in the City of (
place for hearing protest against the County of San Diego, State of C
assessment of the cost of such work. The
City Engineer or the city clerk, if so directed
by the council, shall thereafter give notice in
writing to the owners of the project in the
manner provided in subsection (c) of the Dated this da
upon the City Engineer's report and will
hear protests against the assessments.
Such notice shall also set forth the amount
of the proposed assessment.
Upon the date and hour set for the
hearing of protests, the city council shall
hear and consider the City Engineer's report G. From and after the c
and all protests, if there are any, and then recordation of such notice of I
particularly described as follows:
(Description of property)
hour and place that the city council will pass ,I9 .
City Clerk, City of Carlsbad.
E.
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amount of the unpaid assessment shall be a
lien on the property against which the
assessment is made, and such assessment
shall bear interest at the maximum rate
allowed by law until paid in full. The lien
shall continue until the amount of the
assessment and all interest thereon has
been paid. The lien shall be subordinate to
tax liens and all fixed special assessment
items previously imposed upon the same
property, but shall have priority over all
contractual liens and all fixed special
assessment liens which may thereafter be
created against the property. From and
after the date of recordation of such notice
of lien, all persons shall be deemed to have
notice of the contents thereof.
11 .I 6.1 60 Holding city harmless-
insurance.
The applicant for a right-of-way permit, as
a condition to receiving a right-of-way
permit, shall sign a statement that he
agrees to indemnify and hold harmless the
city, and each officer and employee thereof,
from any liability or responsibility for death
or injury to persons and loss or damage to
property happening or occurring as a result
of the design or performance of any work
undertaken under any right-of-way permit
granted pursuant to the application. The
applicant shall be required to provide proof
of liability insurance in the amount of at
least one million dollars and shall name the
city as an additional insured under the
insurance policy. The insurance shall be
provided by a company satisfactory to the
city. Any deductible or self-insured
retention under the insurance policy shall be
in an amount acceptable to the city.
11.16.170 Exemptions.
The city and its employees, acting in their
official capacity, are exempt from the
requirements set forth in this chapter.
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RE-ENACTMENT AND CONTINUATION: Section I of this ordinance repeal:
11 .I6 and Section II re-enacts it as Chapter 11.16. Such repeal shall not effect any pi
or penalty incurred before the repeal takes effect, nor any suit, prosecution or pr
pending at the time of the repeal for an offense committed under the ordinance repea
the City Council's intention by such re-enactment that there be no break in the c(
operation of the old ordinance, and no abatement of the legal consequences of acts dc
the old ordinance.
EFFECTIVE DATE: This ordinance shall be effective sixty (60) days after its
and the City Clerk, City of Carlsbad, shall certify to the adoption of this ordinance and
to be published at least once in a newspaper of general circulation in the City of Carlsb
fifteen (1 5) days after its adoption.
INTRODUCED AND FIRST READ at a regular meeting of said City Council he1
19th day of NOVEMBER , 1996, and thereafter,
PASSED, APPROVED AND ADOPTED at a regular meeting of the Carlst
, 1996 by the following vote, Council held on the day of
AYES:
NOES:
ABSENT:
CLAUDE A. LEWIS, Mayor
ATTEST:
ALETHA L. RAUTENKWNZ, City Clerk (SEAL)
)1
9
Exhibit 2 0 e
PROPOSED MODIFICATIONS TO RIGHT-OF-WAY ORDINANCE
1. The process was streamlined by allowing administrative approval of abovc
ground encroachments instead of requiring City Council approval.
2. The process was streamlined by eliminating the need for a separatc
Encroachment Permit. Instead, the City Engineer can require an Encroachmen
Agreement (including security) in certain circumstances.
The process was streamlined by giving the Redevelopment Director authorit)
over right-of-way permits for signs and tables in the Village Redevelopmen
Zone.
The provision to allow revoked permits to be reinstated was removed. Instead, i
new permit must be obtained.
The appeal procedure was modified to be consistent with the new Grading
Ordinance appeal procedure.
Exceptions for public utility poles, guy transformers and junction boxes were
removed so that right-of-way permits are now required.
3.
4.
5.
6.
7. The section regarding violations was removed since section 1.08.010 (b)
supersedes it. The section regarding enforcement authority was removed since
it is inconsistent with current section 1.08.020. A reference to section 1.08.020
was added.
To improve accuracy and clarity, the title was changed from “Work in Public
Rights-of-way” to “Permits for Work or Encroachments in Public Places” and
the alternative title was changed from “Right-of-Way Permit Code” to “Right-of-
Way Permit Ordinance”.
The numbering format was modified to be consistent with the City’s preferred
system.
Clarifying language and formatting was included that did not make substantive
changes to the content of the Ordinance.
8.
9.
IO.
9