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HomeMy WebLinkAboutOrdinance 16259-01-2005ORDINANCE NO. ~ ~~ ~~ D f ~ ~~ AN ORDINANCE AMENDING THE CODE OF THE CITY OF FORT WORTH (198b}, AS AMENDED, BY THE AMENDMENT OF CHAPTER 12.5, "ENVIRONMENTAL PROTECTION AND COMPLIANCE," ARTICLE IV "GROUNDWATER AND SURFACE WATER QUALITY," BY DIVIDING SAID ARTICLE INTO DIVISIONS, NAMING DIVISION 1 "ENFORCEMENT OF THE TEXAS WATER QUALITY CONTROL. ACT," AND FURTHER AMENDING SAID ARTICLE BY THE ADDITION OF ANEW DIVISION 2, "MUNICIPAL SETTING DESIGNATIONS," PROVIDING FINDINGS AND DEFINITIONS, PROVIDING FOR THE PROHIBITION OF THE USE OF GRO~[)NDWATER FOR POTABLE PURPOSES IN A MUNICIPAL SETTING DESIGNATION, PROVIDING FOR AN APPLICATION PROCESS FOR A MUNICIPAL SETTING DESIGNATION, PROVIDING FOR PUBLIC MEETINGS AND HEARINGS, PROVIDING FOR NOTICE TO PERSONS WITHIN THE AFFECTED COMMUNITY, PROVIDING FOR LIMITATIONS ON REAPPLICATION, PROVIDING FOR PROOF THAT RESPONSE ACTIONS HAVE BEEN COMPLETED ON A SITE, PROVIDING THAT THIS ORDINANCE IS CUML7L.,ATIVE; PROVIDING A SEVERABII..ITY CLAUSE; PROVIDING A FIlVE OF UP TO $2,000.00 FOR EACH OFFENSE IN VIOLATION OF THE ORDINANCE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER OF THE CITY; AND PROVIDING AN EFFECTIVE DATE. ~I~EREAS, due to limited quantity and law quality, there are areas of shallow groundwater within the city and its extraterritorial jurisdiction that are not valuable as potable water sources, and therefore are not utilized for potable water; and WHER:GAS, many commercial and industrial properties in Fart Worth and its extraterritorial jurisdiction are underlain with unusable graundwater that has become contaminated by historical on-site or off-site sources; and WHEREAS, the City of Fo1•i Worth does not utilize groundwater as a source for public drinking water, and less than six percent of all rr~unicipal water supplies in Tarrant County carne from groundwater sources; and Page ] of 14 WHEREAS, the use of Municipal Setting Designations within Fort Worth and its extraterritorial jurisdiction allows far astate-evaluated corrective action process for groundwater that is directed toward protection o£ huanan health and the environment balanced with the econornic welfare of the citizens of the city; and Wl~-IEREAS, where public drinking water is available, the potable use of groundwater in designated areas should be prohibited to protect public health and welfare when the duality of the groundwater presents an actual or potential threat to human health; and WI-IEREA.S, people should have a say in decisions which affect their lives and property, and public input should influence governrr~ental decisions; NC}W THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, AS FOLLOWS: SECTION I.. That Pant II "Code," Chapter 12.E `°Environmental Protection and Compliance," Article IV, "Groundwater and Surface Water Quality," of the Code of the City of Fort Worth (1986) as amended, is hereby amended by designating the existing Article as Division 1, "General Provisions," so that hereafter such division shall read as follows: DIVISION 1. ENF®IiCEMENT 4F THIi; TEXAS WATER QUALITY C®NTROL ACT SectionI2.5-400. Definitions. Unless a provision explicitly states otherwise, the following terms and phrases, as used in this Article, shall have the meanings hereinafter designated, Act means the Texas Water Quality Control Act, as amended, codified as Chapter 26, Texas Water Code. Director means the Director of the Department of Environmental Management or the Directar's authorized representative. Page 2 of 14 Permit (n.) means an order issued by the Commission in accordance with the procedures prescribed in the Act establishing the treatment which shall be given to wastes being discharged into or adjacent to any water in the state to preserve and enhance the quality of the water and specifying the conditions under which the discharge maybe made. Section 12.5-401. Declaration ©' Policy and Purpose. 1`t is the policy of the City and the purpose of this Article to maintain the quality of water in the City consistent with the public health and enjoyment, the propagation and protectiari of terrestrial and aquatic life, the operation of existing industries, and the economic development of the City; and to require the use of all reasonable methods to implement this policy. Section 12,5-402. Authority of the Director. The Director of the Department of Environmental Management and the Director s autihorized representatives are authorized to adrr~inister, implement, and enforce the pirovisions of this Article and: (a) Disseminate information on water pollution, inform and encourage voluntary cooperation by persons and affected groups in the preservation and regulation of the purity of the water; and (b) Conduct water quality surveys. Section 12.5-403. ICnsgectian Aaztl~ority. (a) The Director is authorized to inspect the public water and to enter public or private property in accordance with §26.014 of the Act, to determine whether: (1) The quality of the water meets the State water quality standards adopted by the Commission; {2) Persons discharging effluent into the public water located within the City and within 5,000 feet of the City have obtained permits fnr discharge of the effluent; and (3} Persons who have permits are discharging in compliance with the requirements of the permits. {b} The Director may require the owner, lessee, or operator of any pollution source or suspected source to sample all parameters as designated by the Page 3 of 14 Director for compliance with local, state, and federal water pollution standards. All such data shall be subnraitted to the Director upon request. {c) The Director znay require the owner or operator of a facility to produce for the Director's inspection any permit to discharge effluent into the water issued by the Commission. (d) A person commits an offense if the person fails to submit water pollution data to the Director as required by this Section. {e) A person commits an offense if the person fails to produce a discharge permit for the Director's inspection as required by this Section. Section 12.Sw404. Nuisance. A discharge of any pollutant into or adjacent to water in violation of the Act, regulations promulgated pursuant to the Act, or a permit issued pursuant to the Act is hereby declared to be a nuisance. ~ecti©ns 12.405-12.410 reserved, SECTI®N 2. That Part fl "Code," Chapter 12.5 "Environmental Protection and Compliance," Article IV, "Groundwater and Surface Water Quality," of the Code of the City of Fort Worth {1986) as amended, is hereby further amended by the addition of a new Division 2 entitled, "Municipal Setting Designations," so that hereafter such division shall read as follows: DIVt~i®N 2. MUNICIPAL SETTING 1DES~GNATI®NS Section 12.4411 findings. The City Couneil of the City of Fort Worth znalces the following findings: {a) Due to limited quantity and low quality, there are areas of shallow groundwater within the city and its extraterritorial jurisdiction that are not valuable as potable water sources, and therefore are not utilized for potable water; {b) Many commercial and industrial properties in Fort Worth and its extraterritorial jurisdiction are underlain with unusable groundwater that has became contaminated by historical. on-site or off-site sources; Page 4 of l4 (c) The City of Fort Worth does not utilize groundwater as a source for public drinking water, and less than six percent of all municipal water supplies in Tarrant County came from groundwater sources; (d) The use of Municipal Setting Designations within Fort Worth and its extrate~•ritarial jurisdiction allows for astate-evaluated corrective action process for groundwater that is directed toward protection of human health and the environment balanced with the economic welfare of the citizens of the city; (e) Where public drinking water is available, the potable use of groundwater in designated areas should be prohibited to protect public health and welfare when the quality of the groundwater presents an actual or potential threat to human health; and (f) People should have a say in decisions which affect their lives and property, and public input should influence governmental decisions. Sectlori 12.E-412. De~nitior~s. Affected carizmunity means those persons entitled to native in Section 12.5- 414(b)(7)below. Authorized representative means, for purposes of signing an application, if the applicant is a corporation, the president, secretary, treasurer, or avice-president of the corporation in charge of a principal business function, or any other person who performs similar policy or decision-making functions for the corporation; if the applicant is a partnership or sole proprietorship, ageneral partner or proprietor, respectively; and if the applicant is a local government, the chief executive officer or his authorized designee. Chemical of concern means any chemical that has the potential to adversely affect ecological or human receptors due to its concentration, distribution, and mode of toxicity. ~'nviranmental risk assessment means the qualitative and quantitative evaluation performed in an effort to define the risk posed to human health and/or the environment by the presence ar potential presence and/or use of pollutants Groundwater means water below the surface of the earth. Municipal Setting Designation (MSD) means a designation as provided by Chapter 361, Subchapter W, of the Texas Health and Safety Code, which authorizes the executive director of the Commission to certify municipal setting designations in Page 5 of 14 order to limit the scope of ar eliminate the need for investigation of or response actions addressing contaminant impacts to groundwater that has been restricted fro~fa use as potable water by ordinance or restrictive covenant. Potable water means water that is used far irrigating crops intended for human eonsritnption, drinking, showering, bathing, or cooking purposes. Section 1.2.5-413. Use of groundwater in Nluz~icipal Settinng Designation as a potable water so~xrce prohibited. (a) A person cornanits an offense if the person intentionally, knowingly, or with criminal negligence uses groundwater in a Municipal Setting Designation as a potable water source. (b) A person commits an offense if the person intentionally, knowingly, or with criminal. negligence uses groundwater in a Municipal Setting Designation for a purpose prohibited in the ordinance creating that Municipal Setting Designation. Section 12.5-414. Application for City Council Approval a~ Municipal Setting Designation. (a) A person, including the City of Fort Worth, seeking City Council approval of a Municipal Setting Designation (MSD} for property within the corporate limits of the city of Fort Worth, or within its extraterritorial jurisdiction, shall file six copies of an application with the Director. An application maybe filed in person, by United States mail, or by a document delivery service. (b) An application shall be on a form provided by the Director, and shall contain: (1) Applicant's name and address, and the name, address, daytime telephone number, and email address of a contact person; (2) The location and legal description of the proposed outer boundaries of the 1V1SD; (3) A statement as to whether applicant has filed an application with the executive director of the Commission for an MSD for the property; (4) A statement as to whether a public drinking wager supply system exists that satisfies the requirements of Texas Uealth and Safety Code Chapter 341 and that supplies ar is capable of supplying drinking water to the property for which the MSD is sought, and property within one-half mile of the property for which the MSD is sought; Page 6 of 14 (5} A description of the groundwater sought to be restricted, including the identified chemicals of concern therein and the levels of contamination known, to applicant, and the identified vertical and horizontal area of the contamination. If applicant has not documented groundwater contamination offsite that originates from the property for which an MSD is sought, the application shall include a statement as to whether contaminatian mare likely than not exceeds a residential assessment level offsite and the basis for that statement; (6) Identification of the person{s) responsible for the contaminatian of the groundwater, if known; (7} A listing of: (A) all owners of real property lying within one-half mile of the subject property, as the ownership appears on the last approved city tax roll; {B) all. state-registered private water wells within five miles from the boundary of the property far which the designation is sought, including a natation of those wells that are used for potable water purposes (if known), and a statement as to whether applicant has provided the owners with notice as provided in Texas Health and Safety Code Section 361.805; (C) of each retail public utility that owns or operates a groundwater supply well located not more than five miles from the property for which the MSD is sought, and a statement as to whether applicant has provided the utilities with notice as provided in Texas Health and Safety Code Section 361.805; and (D) each municipality, other than the City of Fort Worth, with a boundary located not more than one-half mile Exam. the property for which the MSD is sought; ar that owns or operates a groundwater supply well located not more than five miles from the property fox which the MSD is sought; and a statement as to whether applicant has provided the municipalities with notice as provided in Texas Health and Safety Code Section 361.805; (8) A copy of the application to the executive director of the Commission, if filed; {9} A site map, drawn to scale, including a metes and bounds description of the property, the boundary of the proposed MSD, the location of groundwater on the property, and the extent of groundwater contamination gage 7 Qf Y4 to the limits that it has been defined. The map shall include a statement by a professional. land surveyor registered by the Texas Board of Professional Surveying attesting to the accuracy of the metes and bounds property description; and (10) Any other information that the Director deems pertinent. (c) The application shall be signed by an authorized representative of the applicant and shall contain the following certification statement: '`1 certify under penalty of law that this document and all attachments were prepared under my direction or supervision in a manner designed to assure that qualified personnel properly gather and evaluate the information submitted. Based an my inquiry of the person or persons directly responsible for gathering the infozxiaation, the information submitted is, to the best of my knowledge and belief, true, accurate, and complete. I am aware that there are significant penalties for submitting false information, including the possibility of fine and imprisonment for knowing violations." (d) An app]ication shall be accompanied by: (1) A set of printed mailing labels with the names and addresses of persons listed in subsection (b)("~) above; (2) An electronic file of the names and addresses of persons listed in subsection {b)(7) above, in a format acceptable to the Director and compatible with City information systems; and (3) An application fee in an amount set by City Council by ordinance. (e) An applicant may withdraw its application in writing by letter sent certified mail, return receipt requested, to the Director, and shall forfeit the application fee. If the Director has not issued public native prior to the receipt of the withdrawal letter, the applicant may reapply at any tune. If public notice has issued, a new application is subject to the limitations of Section 12.5-420 below. Section 12.5-43:5. Staff review. (a) Upan receiving an application for an MSD approval, the Director will distribute a copy to his designee within the Environmental Management Department, and to the City's Water Department, Transportation and Public Works Department, Engineering Department and Development Department for staff review. The purpose of the review is to determine whether the application is complete, and whether any current or future City property or other interests have the potential to _. Page 8 of 14 be impacted by the proposed MSD. City staff shall not be tasked with conducting an environmental risk assessment of the application. (b) City staff must send a written report to the Director within ten calendar days of receiving the application, noting any discrepancies in the application, and advising of any City interests that may potentially Iae impacted by the proposed MSD. Section 12.5-416. Director Action Following Application Review. (a) Following staff review, if the Director determines that the application is complete, he will schedule a public meeting and a public hearing. The public meeting must be held prim to the public hearing. (1) A public meeting will be scheduled at a time no later than 45 days fallowing the day Che application was received by the City; and (2} A public hearing will be scheduled at a time no later than GO days following the day the application was received by the City. (b) The date that an application is deemed to have been received by the City is the date that the application was received by the Director, as indicated by the file date stamped on the application package by the Department of Environmental Management. (c) if the Director determines that the application is incomplete, he will return the application to applicant, noting the deficiencies in writing. The applicant sha11 have 30 days from the date of the deficiency letter to correct the deficiencies and resubmit the application. If the applicant fails to submit a corrected application within the allotted time, the application shall be deemed to be withdrawn and the application fee forfeited. Section 12.5-417. 1V~otice of Public 1Vleeting and Public Bearing. (a) Notice of the public meeting and the public hearing on an MSD application may be combined and must include the date, time and location of the two events, the identity of the applicant, the location and legal description of the property for which the MSD is sought, the purpose of the MSD, the type of contamination identified in the groundwater of the property for which the MSD is sought, and a statement that a copy of the application is available for public viewing at a specified Fors Worth Public Library facility. Notice will be made as follows: (1 } The Director will provide published notice of a public meeting and a public hearing for a proposed MSD by means of a legal advertisement appearing in the official newspaper of the City, or a paper of general circulation, not less than 15 days before the public meeting; Fage 9 of 14 (2) The Director will provide pasted notice of a public meeting and a public hearing by requesting that the City Secretary post the notice at City Hail, in a place readily accessible to the general public at all times, not less than 15 days before the public meeting; and (3) The Director will serve written notice of a public meeting and a public hearing for a proposed MSD not less than 15 days before the date set for the public meeting. Such notice shall be deemed served when it is deposited, properly addressed and regular postage paid, in the United States mail. Notice will be served to: (A} the applicant; (B) the list provided by applicant of owners of real property lying within one-half mile of the subject property, as the ownership appears an the last approved city tax roll; (C) the list provided by applicant of persons who own private registered water wells within. five miles of the subject property; (D) the list provided by applicant of each retail public utility that owns or operates a groundwater supply well located not more than five miles from the property for which the MSD is sought; and (E) the list provided by applicant of each municipality with a boundary located not more than one-half mile from the property far which the MSD is sought or that owns nr operates a groundwater supply well located not more than five miles from the property far which the MSD is sought. (b) The Director will direct the erection of at least one sign upon the property far which an MSD has been requested. Where possible such sign or signs must be located in a conspicuous place or places upon such property at a paint or points nearest anyright-af-way, street, roadway or public thoroughfare adjacent to such property. Such sign(s) must be so erected not less than 15 days before the date set far the public meeting. Any such sign{s) will be removed subsequent to final action by the City Council on the MSD application. The sign(s) must state that an MSD has been requested for the site and that additional information can be acquired by telephoning the number listed thereon or visiting the web site address listed thereon. The erection and/or the continued maintenance of any such sign shall not be deemed a condition precedent to the holding of any public meeting or public hearing or to any official action concerning the MSD application. Page XO of L4 (c) The Director will send a copy of the application to the Fort Worth Public Library facility located nearest to the property that is the subject of the application, and request that i.t be displayed for public review. The librarian for the facility will display the application in a publicly accessible area of the lihr~uy until at least the completion of City Council action on the application, or the withdrawal of the application by applicant. Secti©n 12.5-418. Conduct of Public Meeting. {a) The purpose of a public meeting is for the applicant to provide information to the affected community about MSDs and the application and to obtain input on the application prior to a formal hearing before the City Council. (b) The public zx~eeting will be held in the evening at a location convenient to the affected community. (c) The applicant or applicant's representative must appear at the public rrieeting. Tf the applicant fails to appear at the public meeting either in person or by represeniative, the application shall be deerraed withdrawn and the application fee forfeited. (d) The Director will be responsible for the conduct of the meeting. He will give the applicant or the applicant's representative the opportunity to present its reasons for requesting an MSD, and will give members of the affected community the opportunity to ask the applicant questions or make oral comments on the application. (e) The Director will make a tape recording of the public meeting available for the public. Section 12.5-419. Conduct of Public Hearing. (a) Prior to the hearing, the Director will provide the City Council with a written report summarizing the request for the MSD approval., including any concerns raised by the reviewing departments, and will attach a copy of the application to the report. (b) The applicant or applicant's representative must appear at the hearing and present the request for an MSD approval. If the applicant fails to appear at the hearing either in person ar by representative, the application shall be deemed withdrawn and the application fee forfeited. (c) Persons wishing to speak either in favor of or against the application will be provided the opportunity in accordance with City Council rules or guidelines for public hearings. Fage 1X of 14 {d) Following the conclusion of the public hearing, the City Council may deliberate the matter of the application, and then may either {1) vote to approve or disapprove the application; or (2) postpone action on the application to a future date. (e) fn order to approve an application, the City Council must (1) adopt a resolution supporting the application to the Texas Commission on Environmental Quality; and (2) enact an ordinance prohibiting the potable use of designated groundwater from beneath the property. The ordinance must include a metes and bounds description of the property to which the ordinance applies; a listing of the contaz~ainants; and a statement that the ordinance is necessary because the contaminant concentrations exceed potable water standards. (f) In the ordinance enacted pursuant to subsection {e)(2) above, City Council may place other xeasonable restrictions on the use of designated groundwater from beneath the property. {g) City Council approval of an application shall not be deemed to waive the City's right to comment on an MSD application that has been filed with the Executive Director of the Texas Commission on Environmental Quality as provided by Texas Health and Safety Code Section 361.805. Section 12.5.420. 1C,iamiiation on reapplication. ff after public hearing the City Council disapproves an application, or if the applicant has withdrawn its application after public notice has issued, no new MSD applications for the property shall be accepted by the city or scheduled for a hearing by the City Council within a period of 12 months of the date of disapproval or withdrawal. Section 12.5-421. .Additional requirements. (a) A person who has received approval of an MSD from the City, shall, upon issuance from the Commission, provide the Director with a copy of the Certificate of Completion ar other documentation issued for the property, showing that response actions have been completed. (b) A person commits an offense if they fail to provide the Director with the documentation required in subsection (a} above, within 30 days of its issuance by the Commission. Page 12 of 14 SECTTON 3. This ordinance shall be cumulative of all provisions of ordinances and of the Code of the City of Fort Worth, Texas (I98b), as amended, except where the provisions of this ordinance are in direct conflict with the provisions of such ordinances and such Cade, in which event conflicting provisions of such ardinances and such Code are hereby repealed. SECTTON 4. It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses and phrases of this ordinance are severable, and, if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTTON 5. Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to comply with ar who resists the enforcement of any of the provisions of this ordinance shall be fined not more than two thousand dollars ($2,000.00) for each offense. Each day that a violation is permitted to exist shall constitute a separate offense. SECTTON 6. All rights and remedies of the City of Fort Worth, Texas, are expressly saved as to any and all violations of the provisions of the ardinances amended in Sections 1-8, which have accrued at the time of the effective date of this ordinance and, as to such accrued violations and all pending raga l3 of 14 litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but zxaay be prosecuted until final disposition by the courts. SECTION 7. The City Secretary of the City of Fart Worth, Texas, is hereby directed to publish the caption and Section I1 of this ordinance far two (2) days in the official newspaper of the City of Fart Worth, Texas, as authorized by Section 2, Chapter XXV of the Charter of the City of Fort Worth, Texas and by Section 52.013, Texas Local GavernXnent Code. SECTION $. This ordinance shall be in full farce and effect after its passage and publication as required by law, and it is so ordained. APPROVED AS TO FORM AND LEGALITY: DAVID YETT, CITY ATTORNEY ~.~ ASSISTAN'6~ CITY ATTORI~Y DATE: II~ EFFECTIVE: k ~~~^O~ Page Y4 of 14 Cefy ®~ F®rt 1~/®r°th, Texas COUNCIL ACTION: Approved on '111112©t}5 -Ordinance No. '06259 ®ATE: Tuesday, January 11, 2p~5 L®G NAIVIE: 52MSDORDINANCE REFERENCE NO.: G-14fi49 SUBJECT: Adoption of an Ordinance Amending Chapter 12.5, Environmental Protection and Compliance, of the City Code Establishing Procedures fora "Municipal Setting Designation" REC®MMEN©ATION: It is recommended that the City Council adopt the attached ordinance amending Chapter 12.5 of the City Cade {1986) establishing procedures fora "Municipal Setting Designation" {MSD} effective upon passage and publication. D~scussloN: On September 1, 2003, a state law became effective creating the concept of a "Municipal Setting Designation" (MSD}. The law allows an applicant, typically a developer, to apply to the Texas Commission on Environmental Quality (TCEQ) far a certification that will permit adeveloper/landowner to clean up groundwater contamination on their property only to nonpotable levels. "Nonpotable water" means water that is not used for irrigating crops intended far human consumption, drinking, showering, bathing or cooking purposes. A property is eligible for an MSD if it is within the corporate boundaries or extraterritorial jurisdiction of a municipality with a minimum population of 20,000 and there is a public drinking water supply system that supplies, ar is capable of supplying, drinking water to the property and to all properties within'/Z mile of the property for which the MSD is sought. Cleaning up groundwater to drinking water {potable} standards can be extremely expensive and the remediation process may make redevelopment of abandoned or vacant properties cost prohibitive. In many instances, the shallow groundwater is of insufficient volume and quality for potable use, which is quite common in Irort Worth. An MSD certification greatly reduces or eliminates groundwater remediatinn costs, thus encouraging brownfields (i.e. Central City) redevelopment. An MSD application to the TCEQ requires Incal municipal approval. The application will not be approved by the State if the local municipality does not give formal approval. That approval must be by means of a City Council resolution supporting the application and either an ordinance prohibiting potable use of groundwater in the MSD or a restrictive covenant enforceable by the city. Staff is proposing the adoption of an ordinance that provides procedures for seeking City Council approval of a proposed MSD. The MSD ordinance would be created in Chapter 12.5, Article 4 of the Gity Code, as a new Division 2 and would provide for an expanded public participation process. The proposed ordinance requires an application be made to the Director of Environmental Management. (An application fee will be set by City Council by separate ordinance.) After staff review of the application, the Director would set the matter for a public meeting within 45 days following receipt of the application and a public hearing before City Council within 60 days of receipt. The purpose of a public meeting is for the applicant to provide information to the affected community about the MSD application prior to a formal hearing before the City Council. T,c~~name' S~Mfil7(~RI~TNAN(~R Paa~ 1 of 7 The Central City Revitalization and Economic Development Committee discussed this issue at their April 20, 2004 and September 14, 2004 meetings. The Committee recamrr~ends City Council adoption of an ordinance which provides procedures for creating, MSDs. This ordinance amendment shall take effect upon passage and publication. FISCAL INFORMATIONiCERTIFICATION: The Finance Director certifies that this action wi!! have na material effect on Gity funds. TO FundlAcco~antlCenters FROM FundlAccountlCenters S~tamilted for_.Cty...Manager"s Office lbw Libby Watson (6183) Ori inatin ©e artment Head: Brian Boerner (6647} Additional Information Contact: Brian Boerner (6647} T.r~r3namP.' S~MCnC)Rl~TNANC"F. pane 7 nf7