HomeMy WebLinkAbout2018 Ordinance No. 032ORDINANCE NO. 32
SERIES OF 2018
BY AUTHORITY
COUNCIL BILL NO. 39
INTRODUCED BY COUNCIL
MEMBER WINK
AN ORDINANCE AMENDING TITLE 12, CHAPTER 2, SECTION 3,
SUBSECTION B, OF THE ENGLEWOOD MUNICIPAL CODE 2000
REGARDING WASTEWATER FEES AND CHARGES.
WHEREAS, the State of Colorado has made the standards for wastewater treatment more
stringent, both by reducing the amount of total phosphorus and total inorganic nitrogen, and reducing
the temperature of water which may be released from the wastewater plant into its receiving stream;
WHEREAS, the State's standards have been incorporated into the operating license of the South
Platte Water Renewal Partners of Littleton and Englewood, and will necessitate extensive facility
upgrades over the next decade;
WHEREAS, the South Platte Water Renewal Partners of Littleton and Englewood will perform a
comprehensive cost of services analysis during early 20 I 9 to determine if current rates and fees are
appropriate and applicable to the anticipated increased costs of providing waste water services within
the City of Englewood; and
WHEREAS, the City of Englewood has determined that a seven percent (7%) increase in sewer
rates is an appropriate temporary increase pending the outcome of the comprehensive cost of services
analysis.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ENGLEWOOD, COLORADO, AS FOLLOWS:
Section I . The City Council of the City of Englewood, Colorado hereby authorizes Title 12,
Chapter 2, Section 3, Subsection B, of the Englewood Municipal Code 2000, to be amended as
follows, to become effective January I, 2019:
12-2-3: Fees and Charges.
A. Purpose. It is the purpose of this section to provide for the payment of all POTW (p ublicly
p.wned treatment .w orks)_costs, including costs of the City. The total annual cost of operation
and maintenance shall include, but need not be limited to: labor, repairs, equipment
replacement, maintenance, necessary modifications, power, sampling, laboratory testing and
a reasonable contingency fund. The charges will be based upon the quality and quantity of
user's wastewater, and also upon the capital and operating costs to intercept, treat, and dispose
of wastewater, and shall be established .In'. formal .!!Ction of the ~jty Council.. Tile applieahle
ekarges shall he as set forth herein. B. General. There is hereby levied and charged on each
lot, parcel of land and premises served by or having Wastewater connection with the
Wastewater of the City or otherwise discharging wastewater, industrial wastes or other
liquids, either directly or indirectly, into the City Wastewater system an annual service charge
which shall be computed and payable as follows:
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3.
The charge for wastewater treatment shall be based on the gallonage of water delivered
to the premises during the lowest water meter reading period falling between Septemb_er
I through May 31 for seryice_ inside ci o-and _ ovember I through ApriL.30 _for_senrice
outside cily .Oetoeer I em:f Mey 15. This gallonage s}tall . be converted to an annual
equivalent and multiplied by the annual rate per one thousand ( 1,000} gallons provides
the annual treatment charge.
A charge for Wastewater collection system maintenance shall be established annually by
eetioR of the City Council as _J!art of_their_annu!!I a12proval oJ the Ci!)''~ fee_and rate
s~hedule..t. .or bs separate resotution.1 where premises are served by the City collection
system. Where the City does not own and maintain the collection system, the City will
collect charges for maintenance of same only when authorized by the terms of contract
between the City and the sanitation district.
Where water at any premises is taken through multiple meters, the charge for wastewater
treatment shall be based on the gallonage of water delivered to the premises through_ <!!.I
of_the_meters _durin g.th~J awest water_meter reading _p~riod fallin g,,bet\ een September I
throug_h MaJ '.) I for_inside _ci ~ and November Lthr.ough April 3_0 for outside city, thro1:1gh
ell of the meters 1.foriRg the 1tpj3ropriete water meter re1tdiRg period falliRg between
Oetober I eREI Me~· 15, or the sum of the minimum charges for each meter, whichever is
greater. However, one (I} bill for all wastewater treatment, composed of the sum of
minimum charges for each meter used, or a single quantitative charge for all wastewater
treatment may be issued in the following cases:
a. Where water service is taken through a combination of meters or through meters on
two (2) or more service pipes, if water serviced through each of such meters and
service pipes is delivered and used on the same property for one general purpose, or
the premises is a single enterprise on an integrated hold ing of land, undivided by
public streets, roads or alleys; and
b. For each public school entity, even though the meters may be situated on separate
properties.
4. Where water usage information is not available wastewater service charges w ill be based
on a minimum charge _establishe d b.Y ordinance and maintained in the Cizy 's Rate and Fee
Schedule. shell ee eomj3uteEI using the eurreRt rate per oRe tho1:1seRd ( l ,OQO) gelloRs eRd
eased OR the followiAg ABFmel 1:1sege 0~1 class, as follows:
2 Months ;; MoRths 12 Months
Ir. ~iRgle famil~· El•i1,·ellings -1-4 ;;!-I-83-
M1:1lti famil~· ElwelliRg b. tffHS 9 +J. P-
e. Moeile hoFRe uAits 5 8 £
CoFRmereiel (e~· meter ~ si~e,leepaei~•)
5/:8 iAeh -1--9 ~ -1-l-e
¼-meh ~ 44 ++a
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-1--meh 49 +J. 292
I Vi iRehes 9f -1-46 ™
2 iRehes ~ ~ 9¼
J iRehes J.t-1-4e-7 -l,8e8
4 iRehes 4&+ -:rn) 2;9aO
{i iRehes 9+J. +;%Q ~ I
5. Outside City customers will be charged one hundred five percent ( I 05 %) of the amount
charged inside City customers for similar service to compensate for additional infiltration
from the longer interceptor lines. This factor has eeeR shal l_be_i ncluded in the flat rate
and minimum rate tables iR sueseetieR B 9 belew establishing the _rates cha~<! lQ
customers o[the __ Ci _.
6. Charges for service to customers inside the City limits shall be billed mquarterly or
annualJy iRstallmeRts in advance. Charges for Wastewater only service outside the City
may, at the discretion of the City, be billed annually where this would not conflict with
special provisions of a connector's agreement. All bills are due and payable as of the
billing date and become delinquent thirty (30) days after the billing date for_i nside ci ty
and forty Jive -~ __ days_after the billing dat~ for outside _ci _.
7. User charges shall be reviewed annually and revised periodically to reflect actual
treatment works O&M costs.
8. The rate~ charged by the Ci ly fo r __ l!II waste.water service shall be established b _ ordinance,
and .maintained in the Ci t_y '~ Rate and _Fee _Schedule. tollowiRg Fates eeeame effeeti¥e
JaRU81)' 1, 20 I I :
Se'1Nage +featmeAt Ghafge pef l ,QOQ galleAs $;;L524;
GelleetieA S~·stem GkaFge 13ef l ,OQQ galleAs $Q.3362
~ $2.86Q5
SGl-le9Ybe I SGl-le9Ybe 11 SGlle9Ybe Ill SGI le9Ybe l:V
IA Git~· IA Gily Q1:1tsiae Gity Q1:1tsiae Git~· Customer
Class Gity SeweFs Qistfiet Se•1,·eFs Qistfiet SeweFs 9istFiet Sey,,eFs
BilleEI Q1:1afteFI~· BilleEI QuaFteFly Billed AaA1.1ally Billeel Q1.1aftefl,·
-
¥-lat Mi-Ir. ¥-lat Mi-Ir. Flat Mi-Ir. Flat Mi&.-~ ~ ~ ~
Single
Family $6Q.19 $54.75 $53.lQ $48 .16 $211.47 $2Q2.57 $55 .67 $50.69
Dwelling
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Multi
Family $37.28 $33.94 $32.89 $29.89 $138.H> $125.43 $34.55
Per Unit
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Mobile
Home $22.95 $20.85 $20.23 $18.43 $85.03 $77.18 $21.28
Per Unit
GemmeFeial & IREl\:lstFial ~by ffleteF si~e)
' $82.91 $307.47 ! $279 .76 5/8 II $75.53 $73.29 $66.65 $16.89
r-
I ¾" $125.90 $114.56 $111.12 $101.15 $466.64 $424.41 $116.69
! 1" $208.76 $189.91 $184.35 $167.+6 $++4.04 $+04.12 $193.53
I 1½" $41 +.46 $379.94 $3e8.50 $335 .35 $1,548.05 $1 ,408.21 $387.05 l
2" $e69.15 $609.02 $590.65 $53+.44 $2,480.59 $2 ,25+.56 $020.19
3" $1,335.51 $1,215.31 $1,178.83 $1,012.61 $4,950.30 $4,505.42 $1,237.60
4" $2,087.56 $1,899.8Q $1,842.53 $1,610.15 $7,738.3Q $1,(H2.Q5 $1,934.62
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6" $4,115.23 $3,199.53 $3,685.00 $3,353.3Q $15,471.11 $14,Q84.05 $3,869.31
8" $0,034.22 $6,031.10 $5,838.08 $5,312.51 $24,593.82 $22,380.32 $6,148.40
! 10" $9,536.14 $8,618.52 $8,392.49 $1,631.00 $35,353.19 $32,171.86 $8,838.39 I
MiRimum eheFges hath iRside eRd outside the City are RiRel)' 0Re pereeRt (91%) af the flat rate
elmrge for the e1:1st0meF class iR¥0l\1ed.
9. All fees aRd eherges listed 1:1RdeF this SeetiaA 12 2 3, shall be s1:1bjeet to a e1:1nmlati\'e
iRerease for the RC!'it three (3) years (2Q 13 to 2Q 15) es follows:
OR January I, 2013, the existiRg fees aAd ehaFges shell be inereased b~1 the emouRt of
fouF pereeRt (1%) aba\'e the JaR1:1ar:,· I, 2QI I, fees end ehaFges.
OR Jan1:1aF)1 I, 2Q 11, the e,dstiRg fees aRd eherges shall ee iAereased ey the amouAt of
four pereeRt (4%) ee0¥e the Jen1:1ar:,· I, 2013, fees eAd eharges .
On JeRuer:,• I, 2Q 15, the e!,istiAg fees eRd eharges shell he iRereesed b~· the eme1:1Rt of
four percent (1%) above the JeRUBF)' 1, 2Ql 1, fees end eheFges .
C. Special Cases:
I. A school operating on a nine-month (9) school year, which supplies documentation to
the City verifying the nine-month (9) schedule and which applies for a nin e-month (9)
operating status, shall be billed seventy-six percent (76 %) of the charges which would
normally accrue for similar usage by a residential customer.
2. Industries, car washes and other establishments where summer irrigation water is not
significant or where seasonal business tluctuations are more signifi cant than irrigation
usage shall be billed based on annual rather than winter period water usage.
3. Customers with delivery flow characteristics significantly different from those of a
single-family dwelling shall pay an additional readiness to serve fee as _established by
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$31.38
$19.34
$69.98
$106.13
$1+6.06
$352.08
$564.43
$1,120 .38
$1,+6Q.54
$3 ,521.03
$5,595 .16
$8,043 .12
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ordinance and maintained . in the Ci .'~ Rate and Fee Schedule: baseel on the fellowing
fomn1la:
R " ( 91 ., ~lm) '365 .. ,heFe· r. a rrr n .
R: = Annual eleli1;·e~· A0•1,, Fate ehameteFisties ehai=ge
~ = Reaeliness ta sep,•e peRien ei: Q&M easts
NW = Customer's anm1al nonworking Ela)'S
~ = :t-Jumbet= of: El~·s in ealenelar )'eaF
¥ = ,<\nnual 1;•olume ehapge foF wastewaleF tFeetment
4. 01her Cases: Where the procedures above are not applicable, or when application of
same would work an obvious and significant injustice to the customer, a rate shall be
established by the City based on reasonable estimates of projected flow.
D. Permitted Indus/rial Users:
I. Industries that are permitted as Significant Industrial Users or have been issued a
Wastewater Control Permit and discharge wastewater with BOD, COD and/or TSS in
excess of Normal Domestic Strength Wastewater ( 12 2 I (D)) will be charged for the cost
of handling treatment of these wastes calculated based upon the net excess loading. The
use of surcharges does not permit the User to otherwise exceed any Local Limits
specifiedat 12 2 5(B)(2), or Federal and State Pretreatment Standards.
2. The City shall require payment to cover the added cost surcharge of handling and treating
the wastes as established_by oqiinance and _maintained in ~Cin'.~s _Rate _and]ee
Schedule, as eleteFmineEI '3)' the fellowing foFmula:
SG = Qi, 8.34 (YC g.(,<\QD) + YCs (SS JQQH
SG = annual suFehepge in ElollaFS anel eents
Q = 'l'eluFAe ei: se,.r,•age elisehaFgeel ta tl~e publie seweF in million gallons per )'ear
~ = eon'l'ersion Hteter; I gallon of water to flOunels
Y(;.g = unit eharge for AQD in elellars f1eF f10unel ($Q.Q2)
fij lfCQD t BGQ+is less then 3.Q, then A:QQ~(BQ9 ~ 2QQ mg,'1)
tiB If CQD t BGQ+is greater than 3.Q, then ,<\Q9 (CQQ SQQ mgtl)
AOO = Aaeitional G!,)'gen Qemanel strength inEle!, in milligrams f1er liter
s
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GQ9
oog..,5
~
~
~
:lOO
~
= Ghemieal O*!,'geR ElemaRel stFeRgth iRele* iR milligmms 19eF liteF
' 5 el~• hioehemieal O*!,'gen demaRel stFeRgth iRde~., iR milligmms 19eF liteF =
= "tmit ehaFge fer 88 in elollaFS peF pound ($9.11)
= suspeneleel solids stFengdi inele* in milligFams 19er liteF
= noFmal BOD $-Strength iR milligmms peF liteF
= noFmal 88 streRgth in milligrams 13er liter
= noFmal GOD streRgdt iR milligmms peF liter
The ap19lieation of the aho.,,e feFmula pro•i<ieles fer a s1:1reharge fer BOD, GOD &Reiter
T88. If the eoneentmtioR of these 13ollutaRts is less then that ofNormal Domestie Strength
\Veste, the User shall Rot reeeive a surehaFge ROF gilf'eA a eredit to the total s1:1reharge.
3. Pa!,•ment rates shell he eom13uteEI fer IGR eustomeFs hasee on the fellowiRg hesie eapitel
easts of the POTW:
Q (Volume): $1,38a.83 13er 1,999 gallon day of eepeeit:,•
BOD: $91.86 per po1:1Rd d~• ofea13eeit:,•
88: $ I 95.aJ per pe1:1nd d~• of eapeeit:,•
3. Specific individual rates will be calculated based on the volume strength and rate of flow
in accordance with current Federal guidelines .
Adjustments to individual rates will be made annually or more frequently , whenever
evidence is received that a major change in wastewater volume and/or characteristics has
occurred. Payment will commence within one ( 1) year of the date of initiation of service
through the POTW.
4. Industrial Users identified for inclusion into an applicable Sector Control Program may
be charged for the costs incurred by the City for re-inspections due to failure to correct
non-compliances or violations identified during a sector control inspection. A fee shall
be established_by_Resolution _o[the Cicy Council,.and .maintained j nJ he Cicy 's.Rat e_and
Eee _Schedule .,_of one hundred dollars ($199.99) ma!,' he assessed for each inspection
required until completion of violation remedy. Such fee shall be established _ as a
minimull!. of one hundred doll ars ($100.0Q)Lbut may be modified .QY Resolut ion_. and shall
be set fortlJ_in the Cit _'s_fee and rate schedule.
5. Sanitation Districts may be charged for the cost incurred by the City for inspecting
Industrial Users in cluded in or added to, based on inspection results, the City's Fats, Oil,
and Grease (FOG) or Petroleum Oil, Grease and Sand (POGS) Se ctor Control Program.
Such _fee _shalLbe established by Res oJ.4.tion and maintained in the City's Rate and .l:ee
Schedule. The Git:,• ma!,' eherge fifty eollaFS ($59.00) per inspeetion fer faeilities
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eentriln1ting wastewater te the POTW from locatiens eutside efthe Ci~• lmundery. A fee
shall ~-establishec! as.a .minimum Qf fiftx .dollars (.$50.00J , er ins ection _for_facilities
contributing wastewater toJ he POTW from J ocations _outside_of the Ci ty bounQ.arY, but
may_be_modified ~Resolution .and shall_be set forth in the Ci!)'.~s fee and. rate_schedule.
E. Restoration of Service. Wastewater service shall not be restored until all charges, including
the expense of termination and charge for restoration of service, have been paid.
F. Collection Procedures:
1. Charges Responsibility of Owner: All fees and charges shall be chargeable against and
payable by the owner of the premises receiving wastewater services.
2. Periodic Billing Statemems:
a. The City shall cause billings for wastewater treatment and/or water charges to be
rendered periodically at rates established.
b. Billings for charges and any other notices shall be effective upon mailing said billing
or notice to the last known address of the user as shown on City records.
c. Service charges provided in this Chapter shall be billed and paid in full within thirty
(30) days from date of billing for.inside ci ty and forty five (45} da_y s after.the billing
date for outside ci!)'.. Partial payments may be approved by the City Manager or
designee on a case by case basis provided that the total bill shell be is paid in full no
more than three months after the original billing date. The City Manager or designee
shall develop policies that set forth the conditions under which a partial payment
plan may be granted . The City shall bear no responsibility to provide the customer
with any kind of reminder notices. If the 13eymeAt erraAgement is not kept, ell
e1313lieeble late fees end penalties shell e13ply.d. If sewer rates ere eheRged or
eust01Hers institute er terminate ser.·ice ether theR en established billing dotes, the
bill shell be 13rereted .
3. When payment of City utility services is received, the Ci~• shell e13ply said payment shall
be a1wlied in _the_following order: te satisfy ell stormwater enterprise fund charges first,
all concrete utility fund charges secend, all wastewater fund charges shell be satisfied
Re,.t, end lastly, and water fund charges shall be satisfied, in that erder.
G. Delinquency and Collection:
I. Fees and charges le vied in accordance with this Chapter shall be paid to_the Cin,: with in
thirty (30) days from the date of billing fo r_i nside city and _fo ny_five_(45}_da,.Y.s ,after_the
billin g date_for ,outsid~f.i!Y __ _,J e the Ci~•. If the bill is not paid within thirty (30) days&ftet:
billiAg, from J he .. date of billing for_i nside _ci ~ and _forty fiv_e (ru_days after the _billing
da te for .outside ci ty, it shall be deemed delinquent, whereupon a delinquency eherge Rel
te eNeeed the ammmt ef fifteen dellers ($15.QQ) er Ufl te fi 1,1e 13ereent (5%) per menth , er
fractieR thereof, Rat te e)ieeed a total ef tweAty fo·e pereent (25%) of the ameuAt due ,
whiehe,.·er is greeter fee shall be imposed for colle ction services. The _fee_ shall be
established h..x ordinance and maintained in the City~s .Rate_and F_ee Schedule .• ~
established by this_seetieR s hall be establ ished by R:eselutieA ef the City CnuReil __ eREI
mahHaiReEI as part ef th e City_'s _&e and R:al e Sehe~ The_ fflinimum _de li fK111en~e
shell be ~steblished _as fifteeA dellars ($15.QQ) er up to fi•,1e pereent (5%) 13er 1Henth, er
frectieR thereof, net to eNceed a tetal of tweR~' fi•,·e pereeAt (25%) ef the e1Heunt due ,
whiehe,.1er is greeter. Interest in the eFAeunt of eighteen percent ( 18%) per year shell be
eha rged en the ameuRt due eRI~·. 2. Non•payment. All wastewater charge s and
surcharges, including, but not limited to, collection charges, pretreatment charges,
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monitoring charges, shall be a lien upon the property to which wastewaters are connected
from the date said charges become due until said charges are paid. The owner of every
structure or premises shall be liable for all wastewater charges for users on his premises,
which lien ofliability may be enforced by the City by action at law to enforce the lien. In
case the tenant in possession of any premises shall pay the wastewater charges, it shall
relieve the landowner from such obligations and lien, but the City shall not be required
to seek payment from any person whomsoever other than the owner qf_the_pi:operty_for
the payment of wastewater charges. No change of ownership or occupation shall affect
the application of this subsection, and the failure of any owner to discover that he
purchased property against which a lien for wastewater service exists shall in no way
affect his liability for such payment in full. Said delinquent payments, and the lien created
thereby, shall be enforced by assessment upon the property and premises so served and
certification thereof to the County Treasurer for the collection under and in pursuance as
provided for in this Code.
H. Disco1111ectio11 Clause:
I. The City may disconnect within the City or contract areas served by the City for accounts
delinquent more than ninety (90) days. Notice shall be given to theJast known address of
user or owner thirty (30) days prior to disconnection. All costs of disconnection shall be
repaid at the time of reconnection; proyided thaUf the remises_are_su.oolied with Ci l}'.
water_~ery_ices,.__such service _may)2e_shut of(until such rates and charg es for _treatment
and dis sal ofwastewater shall .have been.Ra!!!.
2. When the premises to which such service is provided are located without outside the
limits of the City, failure to pay the rates and charges for treatment and disposal of
wastewater when due shall be cause for the City Clerk to certify to the county
commissioners of the county in which said delinquent user's property is located the
charges due and unpaid, on or before November I of each year, and thereupon and until
paid, the same shall be a lien upon the real property so served by said wastewater system
and shall be levied, certified, received or collected by sale annually from year to year by
the proper county officials as are general taxes, and the proceeds therefrom remitted to
the City of Englewood; provided, that if the premises are supplied with City water
services, such service may be shut off until such rates and charges for treatment and
disposal of wastewater shall have been paid.
Section 2. Notice of general provisions and findings applicable to interpretation
and application of this Ordinance:
Applicability of Title 1, Chapter 2, Saving Clause. The provisions of E.M.C. Title 1,
Chapter 2, Saving Clause apply to interpretation and application of th is Ordinance, unless
otherwise set forth above, including, but not limited to, the provisions regarding
severability, inconsistent ordinances or code provisions, effect of repeal or modification,
and legislation not affected by repeal.
Enforcement. E.M.C. Title 1, Chapter 4, "General Penalty" provisions mandate that
except as otherwise provided within specific Titles, Chapters, or Sections of the
Englewood Municipal Code, the violation of any provisions of the Code, or of any
secondary code adopted therein, shall be punished by a fine not exceeding two thousand
six hundred and fifty dollars ($2,650.00) or imprisonment for a term not exceeding three
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hundred sixty (360) days or by both such fine and imprisonment. E.M.C. Title 12,
Chapter 2, Section 3, sets forth enforcement measures for failure to pay the assessed
wastewater rates and fees, including disconnection of service.
Safety Clauses. The City Council hereby finds, determines, and declares that this
Ordinance is promulgated under the general police power of the City of Englewood, that it
is promulgated for the health, safety, and welfare of the public, and that this Ordinance is
necessary for the preservation of health and safety and for the protection of public
convenience and welfare. The City Council further determines that the Ordinance bears a
rational relation to the proper legislative object sought to be obtained.
Introduced, read in full, and passed on first reading on the 5th day of November, 2018.
Published as a Bill for an Ordinance in the City's official newspaper on the 8th day of
November, 2018.
Published as a Bill for an Ordinance on the City's official website beginning on the 7th
day of November, 2018
Read by Title and passed on final reading on the 19th day of November, 2018.
Published by Title in the City's official newspaper as Ordinance No. 32, Series of
2018, on the 22nd day of November, 2018.
Published by title on the City's official website beginning on the 21 st day of
November, 2018 for thirty (30) days.
This Ordinance shall take effect thirty (30) days after publication following final
passage. ;;/4t~~
Linda Olson, Mayor
ATTEST:
I, Stephanie Carlile, City Clerk of the City of Englewood, Colorado, hereby certify that
the above and foregoing is a true copy of the Ordinance passed on final reading and
published by Title as Ordinance No. 32, Series of 2018.
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