O1291
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CA:RMM:rm8600
C1ty Council Meeting 12-13-83
Santa Monica, California
ORDINANCE NUMBER 1291(CC5)
(City Council Series)
k~ ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF SANTA MONICA
ADDING CHAPTER 6 TO ARTICLE VIII
OF THE SANTA MONICA MUNICIPAL CODE
RELATING TO STANDARDS AND PROCEDURES
FOR UNDERGROUND STORAGE TANKS
AND DECLARING THE PRESENCE OF AN EMERGENCY
WHEREAS, substances hazardous to the public health and
safety, and to the environment, are stored prior to use or
disposal in underground locations in the City; and
WHEREAS,
underground
tanks used for the storage of
hazardous
substances
and wastes are potential sources of
contamination of the ground and underlying aquifers, and may pose
other dangers to public health and the environment; and
WHEREAS, in other communities, underground storage has
resulted in undetected and uncontrolled releases of hazardous
substances lnto the ground; and
WHEREAS, these releases have contam1nated pUblic drinking
water supplies and created a potential threat to the public
health and to the waters of California; and
WHEREA S ,
current
laws do not adequately govern the
construction, maintenance, testing and use of underground tanks
used for the storage of hazardous substances, or the short-term
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storage of hazardous wastes prior to disposal, for the purposes
of protect1ng the public health and the environment~ and
WHEREAS, the protection of the public from releases of
hazardous substances 1S necessary for the protection of the
public peace, health, safety, and welfare~ and
WHEREAS, the Ca1ifornl.a Legislature enacted Chapter 1046 of
the 1983 California Statutes relating to the underground storage
of hazardous substances~ and
WHEREAS, Chapter 1046 provides
Monica may not regulate underground
adopts an ordinance prior to January 1,
minimum standards~ and
WHEREAS, the City of Santa Monica is the principal supplier
of water to businesses and residents in the City of Santa Monicai
and
that the CJ.ty of Santa
storage tanks unless it
1984, containing certain
WHEREAS, the City of Santa Monica depends for a significant
portlon of its water from underground wells~ and
WHEREAS, the City of Santa Monica desires to retain its
authority to regulate underground storage tanks for the purpose
of protecting its water SUPplYi and
WHEREAS, the uniform state regulation provided by Chapter
1046 may be insufficient to address un1que situations that arise
l.n the City of Santa Mon1ca,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA
MONICA DOES ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6 is added to Article VIII of the
Santa Monica Municipal Code to read as follows:
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Chapter 6.
Underground Storage Tanks.
Section 8600.
The Clty Council
follows:
(a) Substances hazardous to the public
health and safety, and to the environment,
are stored prior to use or disposal in
underground locations in the City.
(b) Underground tanks used for the
storage of hazardous substances and wastes
are potential sources of contamination of the
ground and underlying aquifers, and may pose
other dangers to public health and the
Findings
finds and
and Purpose.
declares as
environment.
(c) In other communities, underground
storage
has
resulted in undetected and
uncontrolled releases of hazardous substances
into the ground. These releases have
contaminated public drinking water supplies
and created a potential threat to the public
health and to the waters of the state.
(d) Current laws do not adequately
govern the constructlon, maintenance, testing
and use of underground tanks used for the
storage
of hazardous substances, or the
short-term storage of hazardous wastes prior
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to dlsposal, for the purposes of protecting
the publlC health and the environment.
(e) The protectlon of the public from
releases of hazardous substances is necessary
for the protection of the public peace,
health, safety, and welfare.
Sectlon 8601. Definitions. The
following words or phrases as used in this
Chapter shall have the following meanings:
(a) Facility. Anyone, or combinatl.on
of, underground storage tanks used by a
single business entlty at a single location
or site.
(b) Hazardous substance. All of the
following liquid and solid substances, unless
the City determines the substance could not
adversely affect the quality of the waters of
the State:
(1) Substances
on
the
list
prepared by the Director of the Department of
Industrla1 Relations pursuant to Labor Code
Section 6382.
(2) Hazardous
substances,
as
defined in Health and Safety Code Sectlon
25316.
(3) Any substance or material
which lS classified by the National Fire
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Protection Association (NFPA) as a flammable
liquid, a class II combustible llquid or a
class III-A combustlble llquid.
(4) Any substance on the master
list of hazardous
substances
prepared in
Safety Code
accordance
with
He al th and
dJ.sclosed
Section 25281.
(5) Any substance required to be
under Chapter 3 of Article V of
relating to Toxic Chemical
Code
th1s
Disclosure.
(c) Primary containment. The first
level of containment, such as the portion of
a tank which comes into immediate contact on
its
inner
surface
with
the hazardous
substance being contained.
(d) Product-tight. Impervious to the
substance which is contained, or is to be
contained, so as to prevent the seepage of
the substance from the prlmary containment.
To be product-tlght, the tank shall not be
subject to physical or chemical deterloration
by the substance which it contains over the
useful life of the tank.
(e) Secondary containment. The level
of containment external to, and separate
from, the primary containment.
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(f) Single-walled. Construction with
walls made of only one thickness of material.
For the purpose of this Chapter, laminated,
coated, or clad rnater1als shall be considered
slng1e-wal1ed.
(g) Storage or store. The
containment, handling or treatment of
hazardous substances, either on a temporary
basis or for a perJ.od of years.
(h) Unauthorized release. Any release
or emission of any hazardous substance which
does not conform to the prov1s1ons of this
Chapter, unless this release is authorl.zed by
the State Water Resources Control Board
pursuant to Divislon 7 (commencing with
Section 13000) of the Water Code.
(i) Underground storage tank. Anyone
or combination of tanks, including pipes
connected thereto, which is used for the
storage of hazardous substances and which is
substantially or totally beneath the surface
of the ground. "Underground storage tank"
does not include structures such as sumps,
separators,
storm drains, catch baslns, oil
field gather1ng lines, reflnery pipelines,
lagoons, evaporation ponds, well cellars,
separation sumps,
llned and unlined pits,
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sumps and lagoons. Sumps which are a part of
a monitoring system required under Section
8607 or Section 8608 are not exempted by this
Section.
(J) Special inspectors. A
professional engineer, registered pursuant to
Chapter 7 (commencing with Sect10n 6700) of
Div1sion 3 of the Business and Professions
Code, who is qualifl.ed to attest, at a
minimum, to structural soundness, seismic
safety, the compatibility of construction
materials with contents, cathodic protection,
and the mechanical compatibility of the
structural elements.
(k) Owner. The owner of an
underground storage tank.
( 1) Operator. The operator of an
underground storage tank.
(m) Pipe. Any pipeline or system of
pipelines, wh1ch is used in connection with
the storage of hazardous substances and which
are not intended to transport hazardous
substances in interstate or intrastate
commerce or to transfer hazardous materials
in bulk to or from a marine vessel.
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Section 8602. Administration.
(a) The Department of General Services
shall be responsible for the administration
of this Chapter.
(b) Any decision of the Department of
General Services under this Chapter be
appealed by a permit appll.cant or
permitho1der within ten days from the date of
the decision to an Appeals Board consisting
of the City Eng1neer, the Building Officer,
and the Fire Chief, or their authorized
designee. The decision of the Appeals Board
shall be rendered within 60 days from the
date of filing of the appeal. The Appeals
Board shall conform its procedures to the
extent conslstent with this Chapter to the
procedures for the conduct of hearings by a
hearing examiner under Section 6126 of this
Code. The decision of the Appeals Board
shall be final, sUbject to judicial review
under Code of Civil Procedure Section 1094.5.
(c) The City Council may establiSh by
resolution standards and regulations to
i~plement this Chapter.
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Section 8603. Permit.
(a) No person shall own or operate an
underground storage tank unless a permit for
its operation has been issued by the City to
the owner.
(b) Any person assuming ownership of
an underground storage tank used for the
storage of hazardous substances for Wh1Ch a
val1d operating permit has been issued shall
have 30 days after the date of assumption of
ownership to apply for a permit pursuant to
Section 8604 or, if accepting a transferred
permit, shall submit to the City the
completed form accepting the Obligations of
the transferred permit, on the form prepared
and provided by the City. The City may
review and modify, or terminate, the transfer
of the permit to operate the underground
storage tank, pursuant to the criteria
specified in this Chapter. During the period
from the date of application until the permit
1S issued or refused, the person shall not be
held to be in violation of this Section.
(c) When, in 1ts judgment, it is
appropriate to do so, the City may issue a
single permit to a person for a facility.
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(d) A permit to operate shall be
effectlve for flve years. A permit shall not
be issued or renewed to operate an
underground storage tank if the tank does not
comply with this Chapter.
(e) Every owner of an underground
storage tank lnstalled prior to January 1,
1984, shall obtain a permit from the City in
accordance with this Chapter on or before
January 1, 1985.
(f) The owner and operator of an
underground storage tank shall at all times
comply with the terms and conditions of any
permit lssued under this Chapter.
Section 8604. Applications.
(a) An application for a permit to
operate an underground storage tank, or for
renewal of the permlt, shall be made, by the
owner, on a standardized form prepared and
provided by the City and shall be accompanied
by the appropriate fee. The application form
shall include, but not be limited to,
requests for the following information:
(1) A description of the
construction of the underground storage tank
or tanks.
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(2) A list of all the hazardous
substances which are or will be stored in the
underground storage tank or tanks, specifying
the hazardous substances for each underground
storage tank.
(3 )
A
description
for the
of
the
monltoring program
storage tank or tanks.
(4) The name and address of the
underground
person, firm, or corporation which owns the
underground storage tank or tanks and, if
dlfferent, the name and address of the person
who operates the underground storage tank or
ta nks .
(5) The address of the facility
at which the underground storage tank or
tanks are located.
(6) The
name
of the person
making the applicatlon.
(7) The name and 24-hour phone
number of the contact person ln the event of
an emergency involving the facility.
(8) If the owner or operator of
the underground storage tank is a public
agency, the appllcation shall include the
name of the supervisor of the division,
section, or office which operates the tank.
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(b) As a condition of any permit to
operate an underground storage tank, the
permittee shall complete an annual report
form, prepared and provided by City, which
wll1 detail any changes in the usage of any
underground storage tanks, including the
storage of new hazardous substances, changes
in monitoring procedure and unauthorized
release occurrences as defined in Section
8610.
(c) If
a
permittee stores in an
underground storage tank or tanks a hazardous
substance which is not llsted in the
appllcation, as required by paragraph (2) of
subdivlsion (a), the permittee shall apply
for a new or amended permit Wlthin 30 days
after commenclng the storage of that
hazardous substance.
Section 8605.
Fees. A fee shall be
paid to the City by each person who submits
an appllcation for a permit to operate an
underground storage tank or to renew or amend
a permit. The amount of any fee shall be
established and from time to time amended by
resolution of the City Council.
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Section 8606. Inspections.
(a) Every underground storage tank
shall be inspected at least once every three
years. The purpose of the inspection shall
be to determine whether the tank complies
with the design and construction standards of
Sectlon 8607 or Section 8608, whichever is
applicable, whether the operator has
monitored and tested the tank as required by
the permit, and whether the tank is in a safe
operating condition. After an inspection, a
compliance plan shall be prepared detailing
the lnspection and the remedial action
required. A copy of the report shall be
glven to the owner and operator. The owner
shall comply with the compliance plan within
the tlme perlod set forth in such plan.
(b) In addition to, or instead of, the
inspections specified in subdivision (a), the
City may require the owner to employ,
periodically, special inspectors to conduct
an audlt or assessment of the owner's
facility
complies
subdivislon
to deterMine whether the facility
with the factors speclfied in
(a) and to prepare a special
inspection report wlth recommendations
concerning the safe storage of hazardous
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materials at the facility. The report shall
contain recommendations consistent with the
provisions
appropriate.
filed with
of thlS Chapter, where
A copy of the report shall be
the Clty at the same time the
~nspector submits the report to the owner.
Within 30 days after receiving this report,
the owner shall file with the City a
compliance plan to implement all
recommendations contained in the report or
shall demonstrate, to the satisfactlon of the
City, why these recommendations should not be
implemented. The owner shall comply with
compliance plan approved by the City within
the tlme period set forth in such plan.
Section
8607.
Standards
for New
Under9round Storage Tanks. Every underground
storage tank installed after January 1, 1984,
shall meet the following requirements:
(a) Be designed and constructed to
provide primary and secondary levels of
containment of the hazardous substances
stored
in
them in accordance with the
following performance standards:
(1) Primary containment shall be
product-tight.
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(2) Secondary containment shall
be constructed to prevent structural
weakenlng as a result of contact with any
released hazardous substances, and also shall
be capable
anticlpated
of storing,
for the maximum
period of time necessary for the
recovery of any released hazardous substance.
(3) In the case of an
installation with one primary container, the
secondary containment shall be large enough
to contaln at least 100 percent of the volume
of the primary tank.
(4) In the case of multiple
primary tanks, the secondary contalner shall
be large enough to contain 150 percent of the
volume of the largest primary tank placed in
it, or 10 percent of the aggregate internal
volume of all primary tanks, whichever is
greater.
(5) If the facility is open to
rainfall, then the secondary containment must
be able to additionally accommodate the
volume of a 24-hour rainfall as determined by
a 100-year storm hlstory.
(6) Slngle-walled containers do
not fulfill the requirement of an underground
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storage tank providing both a primary and a
secondary containment.
(b) Be designed and constructed with a
monitoring system capable of detecting the
entry of the hazardous material stored in the
prlmary containment into the secondary
containment. If water could intrude into the
secondary containment, a means of monitoring
for water intrusion and for safely removing
the water shall also be provided.
(c) A means of overfill protection for
any prlmary tank, including an overfill
prevention device or an attention-getting
higher level alarm, or both.
(d) Different substances that in
combination may cause a flre or explosion, or
the production of flammable, toxic, or
pOlsonous
primary or
separated
containment
intermixlng.
gas, or the
deterioratlon of a
secondary
in both the
container,
shall be
so as
primary and secondary
to avoid potential
(e) If water could enter into the
secondary containment by precipitation or
infiltratlon, the facility shall contain a
means of removing the water by the owner or
operator. This removal system shall also
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provlde for a means of analyzing the removed
water for hazardous substance contamination
and a means of disposing of the water, if so
contamlnated, at an authorized disposal
facility.
(f) The standards required by the City
under this Section shall at no time be less
than the standards required pursuant to
Health and Safety Code Section 25284.
Section 8608. Standards for Existin9
Underground Storage Tanks. For every
underground storage tank installed on or
before January 1,
1984,
and used for the
storage of hazardous substances, the
following actions shall be taken:
(a) On or before January 1, 1985, the
owner shall outfit the facility with a
monitoring system approved by the City
capable of detecting unauthorized releases of
any hazardous substances stored in the
facility, and thereafter, the operator shall
monitor each facillty, based on materials
stored and the type of monitorlng installed.
(b) Provide a means for visual
inspection of the tank, wherever practical,
for the purpose of the monltoring required by
subdivlsion (a).
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(c) The standards required by the City
under this Sectlon shall at no time he less
than the standards required pursuant to
Health and Safety Code Section 25284.1.
Sectlon 8609. Monltorlng.
(a) The operator of the underground
storage facility shall monitor the facility
uSlng the method specified on the permit for
the facility. Records shall be kept ln
sufficient detail to enable the City to
determlne that the operator has undertaken
all monltoring actlvities required by the
permit to operate.
(b) If the operator is not the owner,
the owner shall provide a copy of the permit
to the operator, enter into a written
contract with the operator which requires the
operator to monitor the tank as set forth in
the permit, and provide the operator with a
copy of this Chapter. The owner shall notify
the City of any change of operator.
Section 8610. Unauthorized release.
(a) Any unauthorlzed release from the
primary
able to
containment
which
the
operator is
clean
up within eight hours, and
escape from the secondary
which
does
not
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containment, does not increase the hazard of
flre or exploslon and does not cause any
deterioration of the secondary contalnment of
the underground storage tank, shall be
recorded on the operator's monitoring
reports.
(b) Any
unauthorized release which
escapes from the secondary containment,
increases the hazard of fire or explosion, or
causes any deterloration of the secondary
containment of the underground tank shall be
reported by the operator to the City within
24 hours after the release has been detected
or should have been detected. A full written
report shall be transmitted by the owner or
operator of the underground storage tanks
within five working days of the occurrences
of the release.
( c)
The City shall
there has been
review the permit
an unauthorized
whenever
release or whenever it determines that the
underground storage tank is unsafe. In
determinlng whether to modify or terminate
the permit, the City shall conslder the age
of the tank, the methods of containment, the
methods of monitoring, the feasibility of any
required repairs, the concentration of the
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hazardous substances stored in the tank, the
severity of potential unauthorized releases,
and the suitability of any other long-term
preventive measures which would meet the
requ1rements of thls Chapter.
Section 8611. Abandonment.
(a) No
person
shall
abandon
an
underground
temporarily
storage tank
cease operating
or close or
an underground
storage tank,
Sectl0n.
(b) An underground storage tank which
is temporar1ly taken out of service, but
which the operator intends to return to use,
shall continue to be subJect to all the
permit, inspection, and monitoring
except as provlded in this
requlrements of this Chapter, unless the
operator cOMpIles with the provisions of
subdivision (c) for the period of time the
underground tank 1S not in use.
(c) No person shall close an
underground storage tank unless the person
undertakes all of the following actions:
(1) Demonstrates that all
residual amounts of the hazardous substance
or hazardous substances which were stored in
the tank prior to its closure have been
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removed,
properly
disposed
of,
and
neutrallzed.
(2) Adequately seals the tank to
minimize any threat to the public safety and
the possibil1ty of water intrusion into, or
runoff from, the tank.
(3) Provldes for, and carries
out, the maintenance of the tank as the City
determines is necessary for the period of
tlme the City requires.
(4) Demonstrates that there has
been no
resulting
surrounding
facility.
signif1cant soil contamination
from a discharge ln the area
the underground storage tank or
Section 8612. Violations.
(a) No operator of an underground
storage tank shall do any of the following:
(I) Operate an underground
storage tank which has not been issued a
perm1t.
(2) Fail
to
monltor
the
underground storage tank, as required by the
permit.
(3) Fail to maintain records as
required by Section 8604.
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(4) Fail to report an
unauthorized release as required by Section
8GIO.
(5 ) Fail to properly close an
underground storage tank as required by
Section 8611.
(6 ) Fall to comply w1th any
other provislon of this Chapter or the
regulations implemented thereunder.
(b) No owner of an underground storage
tank shall do any of the following:
(1) Fail to obtain a perm1t as
spec1fied by this Chapter.
(2) Fail to repalr an
underground tank in accordance wlth the
provisions of this Chapter.
(3) Abandon or improperly close
any underground tank subject to the
provisions of this Chapter.
(4) Fall to take reasonable and
necessary steps to
this Chapter by
underground tank.
(5) Fall
assure
compliance with
operator of an
the
other
provision of
to
this
comply with any
Chapter or the
regulat10ns implemented thereunder.
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Each day that an operator or owner is
in violation of any provls1on shall
constitute a separate violation.
Sectlon 8613. Variance.
(a) Any permitholder
applicant may apply for a
or permit
variance from
Section
8607
or
Sectlon
8608.
The
application
the proposed
device, or
shall include a description of
alternative program, method,
process. A variance from this
Chapter shall be issued if it is found that
the applicant has demonstrated by clear and
convincing evidence that the proposed
alternative will adequately protect the soil
and the beneficial uses of water of the state
from an unauthorized release.
Section 8614. Sco~e of Chapter.
(a) The degree of protectlon required
by this Chapter is considered reasonable for
regulatory purposes. The standards set forth
herein are minimal standards and nothing in
thls Chapter should be construed or imply
that compliance with this Chapter will ensure
that there will be no unauthorized discharge
of hazardous substances. This Chapter shall
not create a duty to the owner or operator of
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an underground storage tank or to any third
person to protect such persons from any
damage resultlng from an underground storage
tank. This Chapter shall not create any
liability on the part of the City, its City
Council, boards and commissions, officers,
agents,
damages
Chapter
servants, and employees
that result from reliance
for any
on this
or any administrative decision made
thereunder. Any owner or operator of an
underground storage tank in the Clty of Santa
Monlca shall take approprlate action ln
addition to that required by this Chapter to
ensure that no damage results from the
ownership or operation of an underground
storage tank w~thin the City of Santa Monica.
(b) All of the duties imposed upon the
City, its City Council, boards and
commissions, offlcers, agents, servants, and
employees under this Chapter require the
exercise of discretion and judgment.
SECTION 2. ThlS ordinance is declared to be an emergency
measure adopted pursuant to the provisions of Section 615 of the
Santa Monica City Charter and is necessary for preserving the
pub11C peace, health and safety, and the urgency for its adoption
is set forth in the findings above.
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SECTION 3.
Any provision of the Santa Monica Municipal
Code or appendices thereto inconsistent with the provisions of
this ordinance, to the extent of such 1nconsistencles and no
further, are hereby repealed or modified to that extent necessary
to affect the provisions of this ordinance.
SECTION 4.
If any section, subsection, sentence, clause,
or phrase of thls ordinance is for any reason held to be invalid
or unconst1tut1onal by a decision of any court of any competent
]urlsdiction, such decision shall not affect the validity of the
remainlng portions of the ordinance. The C1ty Council hereby
declares that lt would have passed thls ordinance and each and
every
section,
subsection,
sentence, clause or phrase not
declared invalid or unconstitutional without regard to whether
any portion of the ordinance would be subsequently declared
invalid or unconstitutional.
SECTION S. The Mayor shall sign and the City Clerk shall
attest to the passage of this ordinance. The City Clerk shall
cause the same to be published once in the official newspaper
within 15 days after its adoptlon.
The ordinance shall become
effective on the date of its adoption pursuant to Section 619 of
the Santa Monica City Charter.
APPROVED AS TO FORM:
~'-.~-~
Robert M. Myers
City Attorney
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ADOPTED AND APPROVED THIS
13th
DAY
OF December
I 1 983 .
~/~ ~ ~
/' ..// ~
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MAYOR
I HEREBY CERTIFY THAT THE FOREGOING ORDINANCE,
NO. 1291
(ccs). WAS DULY AND REGULARLY INTRODUCED AT A
MEETING OF THE CITY COUNCfL ON THE 13th DAY OF December
1983; THAT THE SAID ORDINANCE WAS THEREAFTER DULY ADOPTED
AT A MEETING OF THE CITY COUNCIL ON THE 13th DAY OF December
1983 BY THE FOLLOWING COUNCIL VOTE:
AYES:
COUNCILMEMBERS: Conn, Enstein, Jennlngs, Press,
Reed, Zane and Mayor Edwards
NOES:
COUNCILMEMBERS: None
ABSENT:
COUNCILMEMBERS: None
ABSTAIN:
COUNCILMEMBERS: None
ATTEST:
f2- 'n~_
CITY CLERK