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Home My Public Portal AboutOrdinance 774ORDINANCE NO. 774 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT SALE AGREEMENT AND/OR AN AMENDMENT TO AN INSTALLMENT SALE AGREEMENT AND AUTHORIZING AND DIRECTING CERTAIN OTHER ACTIONS WITH RESPECT THERETO WHEREAS, Articles 1 and 2 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California authorize the City of Beaumont (the "City") and the Beaumont Redevelopment Agency (the "Agency") to create a joint exercise of powers entity (hereinafter called the "Beaumont Financing Authority" or the "Authority") which will have the power to jointly exercise any powers common to the City and the Agency; and WHEREAS, Article 4 of Chapter 5 of Division 7 of Title 1 of the Government Code of the State of California (the "Marks -Roos Local Bond Pooling Act of 1985") authorizes and empowers the Authority to, among other things, issue bonds to pay the cost of any public capital improvement, working capital, or liability and other insurance needs, or projects whenever there are significant public benefits, as determined by the City; and WHEREAS, the City has authorized the creation and establishment of the Beaumont Financing Authority for the purposes set forth in the Joint Powers Agreement; and WHEREAS, among such purposes is assisting the City in financing capital improvements when there are significant public benefits to be derived from such assistance; and WHEREAS, the City entered into an Installment Sale Agreement (the "1993 Installment Sale Agreement"), dated as of August 1, 1993, by and between the City and the Authority whereby the Authority constructed improvements to the City's sewage system and the City acquired the improvements from the Authority; and WHEREAS, the City entered into an Installment Sale Agreement (the "1996 Installment Sale Agreement"), dated as of August 1, 1996, by and between the City and the Authority whereby the City prepaid the installment payments payable by the City under the 1993 Installment Sale Agreement and whereby the Authority constructed additional improvements to the City's sewage system and the City acquired the improvements from the Authority; and WHEREAS, the City desires to finance additional improvements to its sewage system and there has been presented to the City Council a form of Installment Sale Agreement, dated as of December 1, 1997, by and between the City and the Authority (said agreement in the form finally entered into by the City being referred to herein as the "Installment Sale Agreement") whereby the Authority will acquire and construct additional improvements to the City's sewage system resulting in significant public benefits to the City, including development of recycled water facilities, more efficient delivery of sewage services to residential and commercial development, savings in effective interest rate, bond preparation and other bond issuance costs in relation to other financing alternatives available to the City and benefits from undertaking the project in a timely fashion; and 1 WHEREAS, the City and the Authority will finance the improvements with the proceeds of the Authority's Local Agency Revenue Bonds, with appropriate series designation (the "Bonds"), which Bonds will be paid by the Authority from installment payments to be made by the City pursuant to the Installment Sale Agreement; and WHEREAS, the City desires to approve the Installment Sale Agreement by ordinance subject to referendum in accordance with the procedures set forth in Article 9 of Chapter 5 of Part 1 of Division 2 of the California Government Code (commencing with Section 54240 of said Code); and WHEREAS, the Installment Sale Agreement has been filed with City Clerk; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BEAUMONT DOES ORDAIN AS FOLLOWS: Section 1. All of the above recitals are true and correct. Section 2. The City Council hereby finds and determines that it is for the common benefit of the City and its residents and is necessary and proper for its municipal purposes that the City enter into the Installment Sale Agreement with the Authority. The City Council further finds and determines that financing of the improvements to the City's sewage system through the issuance of the Bonds by the Authority secured by payments to be made by the City pursuant to the Installment Sale Agreement will result in significant public benefits to the City, including development of reclaimed and recycled water facilities, more efficient delivery of sewage services to residential and commercial development, savings in effective interest rate, bond preparation and other bond issuance costs in relation to other financing alternatives available to the City and benefits from undertaking the project in a timely fashion. Section 3. The Installment Sale Agreement, a copy of which is before the City Council and is on file with the City Clerk, is hereby approved. The Mayor is hereby authorized and directed for and in the name of and on behalf of the City to execute and deliver the Installment Sale Agreement in substantially the form presented to and considered at this meeting with such changes therein as such officer and the City Attorney may require or approve, such approval to be conclusively evidenced by the execution and delivery thereof. The City Clerk is hereby authorized to fix and attest the seal of the City to the Installment Sale Agreement. The Installment Payments to be payable by the City under the Installment Agreement (but excluding Additional Payments (as defined in the Installment Sale Agreement)) in any fiscal year shall equal the schedule of principal and interest payments determined upon the sale of Bonds from time to time as such Installment Payments may be amended in accordance with the Installment Sale Agreement. In addition, the City shall pay Additional Payments as provided therein. Payment of the Installment Payments may be subordinate to or on a parity with payment of installment payments under the 1996 Installment Sale Agreement, all as determined at the time of execution and delivery of the Installment Sale Agreement. Section 4. The officers of the City and their authorized representatives, are, and each of them acting alone is, hereby authorized to execute any and all documents and to perform any and all acts and things, from time to time, consistent with this Ordinance and the Installment Sale Agreement and necessary or appropriate to carry the same into effect and to carry out its purpose. Section 5. This Ordinance shall be published at least once in The Record Gazette within fifteen (15) days after its adoption. 2 Section 6. This Ordinance shall take effect thirty (30) days from and after its date of adoption unless suspended by exercise of the power of referendum. This Ordinance shall be subject to referendum pursuant to and as provided in Section 54241 of the California Government Code and the laws of the State of California. MOVED, PASSED AND ADOPTED this 10thday of November , 1997 by the following roll call vote: AYES: Mayor Leja, Council Members Westcot, Parrott, and Zeller. NOES: None. ABSTAIN: None. ABSENT: Council Member Berg. ATTEST: Mayor of the City of Beaumont CERTIFICATION The foregoing is certified to be a true copy of Ordinance No. 774 duly introduced at a regular meeting of the City Council held on October 27 , 1997, and duly adopted upon second reading on November 10 , 1997, by the roll call votes indicated therein. (SEAL) 3 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No IJ 509 SUMMARY OF ORDINANCE NO. 774 STATE OF CALIFORNIA County of Riverside f SS. I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. ! am the principal clerk of the printer of The D6ity Record -Gazette a newspaper of general circulation, printed and pub- lished daily in the City of Banning County of Riverside and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966, Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said news- paper and not in any supplement thereof on the follow- ing dates, to -wit PUB: 11/5, all in the year 19 97 ! certify (or declare) under penalty of perjury that the foregoing is true and correct. Date November 5, at Riverside, California ,19 97 This space is for County Clerk's Filing Stamp SUMMARY OF ORDINANCE NO. 774 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT, CALIFORNIA AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT SALE AGREEMENT AND/OR AN AMENDMENT TO AN INSTALLMENT SALE AGREEMENT AND AUTHORIZING AND DIRECTING CERTAIN OTHER ACTIONS WITH RESPECT THERETO On October 27, 1997, Ordinance No. 774 was introduced by the City Council of the City of Beaumont. The purpose of ;:the Ordinance is to authorize the execution and delivery of an in- stallment sale agree- ment and/or an amend- ment to an installment sale agreement and authorize other actions with respect thereto. Article 1 and 2 of Chap- ter 5 of Division 7 of Title I of the Govern- ment Code of the State of California authorize thjy CIty„of Bewimppt (the "City') atld the Beaumont Redevelop- ment Agency (the Agency") to create a joint exercise of powers entity (hereinafter called the "Beaumont Financ- ing Authority". or the "Authority") which has the power to jointly ex- ercise any powers com- mon to the City and the Agency. Article 4 of Chapter 5 of Division 7 of Title 1 of the Government . Code of the State of California (the "Marks -Roos Local Bond Pooling Act of 1985") authorizes and empowers the Authority to, among other things, issue bonds to pay the cost of any public capi- tal improvement, work- ing capital, or liability and other insurance needs., or projects when- ever there are sig- nificant public benefits, s determined by the City. The City entered into an Installment Sale Agree- ment (the "1993 Install- ment Sale Agreement"), dated as of August 1, 1993, by and between the City and the Authority whereby the Authority cdnstructed entered into an Install- ment Sale Agreement (the "1996 Installment Sale Agreement"), dated as of August 1, 1996, by and between the City and the Authority whereby the City prepaid the install- ment payments payable by the City under the 1993 Installment Sale Agreement and whereby the Authority con- structed additional im- provements to the City's sewage system and the City acquired the improvements from the Authority. The City desires to finance additional im- provements to its sewage system and there has been presented to the City Council a form of Installment Sale Agreement, dated as of December 1, 1997, by and between the City and the Authority (said agreement in the form finally entered into by the City being referred to herein as the "Install- ment Sale Agreement") whereby thee Authority will acquire and con- struct additional im- provements to the City's sewage system. Pursuant to the Or- dinance, the City Coun- cil finds and determines that it is for the com- mon benefit of the City and its residents and is necessary and proper for its municipal pur- poses that the City enter into the Installment Sale Agreement with the Authority. The City Council further finds sand determines that financing of the im- provements to the City's sewage system through the issuance of the Bonds by .the Authority secured by payments to be made by the City pursuant to the Installment Sale Agree- ment will result in sig- nificant public benefits to the City, including development of reclaimed and recycled water facilities, more ef- ficient delivery of sewage services to residential and commer- cial development, savings in effective'in- terest rate, bond preparation and other bond issuance costs in relation to other financ- ing alternatives avail- able to the City and benefits from undertak- ing the project in a timely fashion. The City and the Authority will finance the improvements with the proceeds of the Authority's Local Agency Revenue Bonds, with appropriate series designation (the "Bonds"), which Bonds will be aid by the Authority from install- ment payments to be made by the City pur- suant to the Installment Sale Agreement. The City desires to approve the Installment Sale Agreement by or- dinance subject to referendum in accord- ance with the procedures set forth in Article 9 of Chapter 5 of Part 1 of Division 2 of the California Government Code (commencing with Sec- tion 54240 of said Code). The Installment Pay- ments to be payable by the City under the In- stallment Agreement (but excluding Addi- tional Payments (as defined in the Install- ment Sale Agreement)) in any fiscal year shall equal the schedule of principal and interest payments determined upon the sale of Bonds from time to time as such Installment Pay- ments ayments may be amended in accordance with the Installment Sale . Agree- ment. In addition, the City shall pay Addition- al Payments as provided therein. Payment of the Installment Payments may be subordinate to or on a parity with pay- ment of installment pay- ments under the 1996 Installment Sale Agree- ment, all as determined at the time of execution and delivery of the In- stallment Sale Agree- ment. The officers of the City and their authorized representatives, are, and each of them acting alone is, authorized to execute any and all documents and to per- form any and all acts and things, from time to time, consistent with the Ordinance and the In- stallment Sale Agree- ment and necessary or appropriate to carry the same into effect and to carry out its purpose. Copies of the Ordinance are on file with the City Clerk of the City of Beaumont. The Ordinance shall take effect thirty (30) days from and after its date of adoption unless suspended by exercise of the power of referen- dum. The Ordinance shall be subject to referendum pursuant to and as provided in Sec- tion 54241 of the California Government Code and the laws of the State of California. The Ordinance was in- troduced on October 27, 1997 by the following vote: AYES: Mayor Leja, Council Member Westcot, Bert, and Zeller. NOES: None. ABSTAIN: None. ABSENT: Council Member Parrott. A public hearing on the Ordinance will be held on November 10, 1997, at 6:00 p.m., at City Hall, 550 East Sixth Street, Beaumont, California. After such' hearing, the Ordinance will be considered by the City Council for passage and adoption. Publish The Record Gazette No. 509 11-5, 1997 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No 1` 507 SUMMARY OF ORDINANCE NO. 772. STATE OF CALIFORNIA 1 County of Riverside f Ss. I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer of The D ily Record -Gazette a newspaper of general circulation, printed and pub- lished daily in the City of Banning County of Riverside and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966, Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said news- paper and not in any supplement thereof on the follow- ing dates, to -wit PUB: 11/5, all in the year 19 97 ! certify for declare) under penalty of perjury that the foregoing is true and correct. Signature Date November 5, at Riverside, California ,19 97 This space is for County Clerk's Filing Stamp SUMMARY OF ORDINANCE NO. 772 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT RE- QUIRING CONSER- VATION OF WATER IN ACCORDANCE WITH THE ADOPTED BEAU- MONT-CHERRY VALLEY WATER DISTRICT URBAN WATER PLAN AND RECYCLED WATER MASTER PLAN On October 27, 1997, Ordinance No. 772 was introduced by the City Council of the City of Beaumont. The purpose of the Ordinance is to make provision for the conservation of water in accordance with the Pi -Opted- 13$44111.4a44 - Cherry aum4a44-Cherry Valley Water District (the "District") Urban Water Plan and Recycled Water Mater Plan within the City and the City Sphere of In- fluence. The District has adopted the Urban Water Plan which re- quires, among other things that, certain water conservation measures by imple- mented and certain water conservation procedures be followed. The District has adopted the Recycled Water Plan which, among other things, provides a long range plan for the con- struction of reclaimed water facilities within the boundaries of . the City and the City Sphere of Influence. Copies of the Ordinance and the District Urban water Plan and the Dis- trict Recycled Water r Master Plan are on file with the City Clerk of the City of Beaumont. The policies may be revised in accordance with state law. The Ordinance shall be in full force and effect 30 days from and after its adoption. The Ordinance was in- troduced on October 27, 1997 by the following vote: AYES: Mayor Jan Leja, Council Members Westcot, Berg and Zeller. NOES: None. ABSTAIN: None. . ABSENT: Council Member Parrott. A public hearing on the Ordinance will be held on November 10, 1997, at 6:00 p.m., at City Hall, 550 East Sixth Street, Beaumont, California. After such hearing, 'the Ordinance will be considered by the City Council for passage and adoption. Publish The Record Gazette No. 507 11-5, 1997 No IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE # 508 SUMMARY OF ORDINANCE Nn. 771 STATE OF CALIFORNIA } County of Riverside ss. I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. I am the principal clerk of the printer of The Dalily Record -Gazette a newspaper of general circulation, printed and pub- lished daily in the City of Banning County of Riverside and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of October 14, 1966, Case Number 54737, that the notice, of which the annexed is a printed copy, has been published in each regular and entire issue of said news- paper and not in any supplement thereof on the follow- ing dates, to -wit PUB: 11/5, all in the year 19 97 ! certify (or declare) under penalty of perjury that the foregoing is true and correct. Signature Date November 5, at Riverside, California ,19 97 This space is for County Clerk's Filing Stamp SUMMARY OF ORDINANCE NO. 773 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BEAUMONT RE- QUIRING USE OF RECYCLED OR RECLAIMED WATER IN AC- CORDA,NCE WITH STATE LAW On October 27, 1997, Ordinance No. 773 wads introduced by the City Council of the City of Beaumont. the pur- pose of the Ordinance is to make provision for the ' use of recycled or reclaimed water in ac- cordance with State law. The peapmont Cherry Vailik Nater Di§t iet (the ' "District") has adopted an Urban Water Plan and a Recycled Water Master Plan in accordance with State Law which entail the utilization of treated water from the Sewage Treatment Facilities of the City for recycling and the State Depart- ment of Health Services has updated regulations for the use of recycled water. Pursuant to the Or- dinance, the City finds and declares that the use of potable domestic water for nonpotable uses, including, but not limited to, cemeteries, golf courses, parks, S highway landscaped areas, ' school athletic fields, and industria and irrigation uses, is waste or an un reasonable use of th water within the mean ing of Section 2 of Ar ticle X of the Californi Constitution if recycled or reclaimed water i available which meets all of the conditions as determined by the State for use of recycled and reclaimed water. In ac- cordance with the Dis- trict's Recycled Water Master Plan which en- tails the utilization of treated water from the Sewage Treatment Facilities of the City for recycling, and the regulations of the State Department of Health Services, the use of recycled water is a cost-effective, reliable method of helping to meet the community's water supply needs;, and the City shall require the use of recycled] water for potable water in or to maximize the, appropriate cost-effec-» tive use of recycled] water. Each nonpotable. use, including, but not limited to, cemeteries, golf courses, parks, highway landscaped areas, school athletic fields, and industrial and irrigation uses, shall utilized recycled water from the City's Sewage Treatment Facility at uch time as recycled water is available for asuch nonpotable use in accordance with State - law. e Copies of the Ordinance are on file with the City - Clerk of the City of a Beaumont. The Ordinance shall be s in full force and effect 30 days from 'and after its adoption. The Ordinance was in- troduced on October 27, 1997, by the following vote: AYES: Mayor Leja, Council Members Westcot, Berg, and Zeller: NOES: None. ABSTAIN: None. ABSENT: Council Member Parrott. A public hearing on the Ordinance will be held on November 10, 1997, at 6:00 p.m., at City Hall, 550 East Sixth Street, Beaumont, California. After such hearing, the Ordinance will be considered by the City Council for passage and adoption. Publish The Record Gazette No. 508 11-5, 1997 IN THE SUPERIOR COURT OF THE STATE OF CALIFORNIA IN AND FOR THE COUNTY OF RIVERSIDE No � 509 SUMMARY OF ORDINANCE NO- 774 STATE OF CALIFORNIA County of Riverside J ss. I am a citizen of the United States and a resident of the County aforesaid; I am over the age of eighteen years, and not a party to or interested in the above entitled matter. ! am the principal clerk of the printer of The Daily Record -Gazette a newspaper of general circulation, printed and pub- lished daily in the City of Banning County of Riverside and which newspaper has been adjudged a newspaper of general circulation by the Superior Court of the County of Riverside, State of California, under date of October' 14, 1966, Case Number 54737, that the notice, cf which the annexed is a printed copy, has been published in each regular and entire issue of said news- paper and not in any supplement thereof on the follow- ing dates, to -wit PUB: 11/5, all in the year 19 97 ! certify (or declare) under penalty of perjury that the foregoing is true and correct. L Date November 5, at Riverside, California ,19 97 This space is for County Clerk's Filing Stamp SUMMARY OF ORDINANCE NO. 774 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF \ BEAUMONT, CALIFORNIA AUTHORIZING THE EXECUTION AND DELIVERY OF AN INSTALLMENT SALE AGREEMENT AND/OR AN AMENDMENT TO AN INSTALLMENT SALE AGREEMENT AND AUTHORIZING AND DIRECTING CERTAIN OTHER ACTIONS WITH RESPECT THERETO On October 27, 1997, Ordinance No. 774 was introduced by the City Council of the City of Beaumont. The purpose of ;the Ordinance is to authorize the execution and delivery of an in- stallment sale agree- ment and/or an amend- ment to an installment sale agreement and authorize other actions with respect thereto. Article 1 and 2 of Chap- ter 5 of Division 7 of Title I of the Govern- ment Code of the State of California authorize the City; of Beaumppt (the "City') awl the Beaumont Redevelop- ment Agency (the "Agency") to create a joint exercise of powers entity (hereinafter called the "Beaumont Financ- ing Authority" or the "Authority") which has the power to jointly ex- ercise any powers com- mon to the City and the Agency. Article 4 of Chapter 5 of Division 7 of Title 1 of the Governnjent . Code of the State of California (the "Marks -Roos Local Bond Pooling Act of 1985") authorizes and empowers the Authority to, among other things, issue bonds to pay the cost of any public capi- tal improvement, work- ing capital, or liability and other insurance needs, or projects when- ever there are sig- nificant public benefits, s determined by the City. The City entered into an Installment Sale Agree- ment (the "1993 Install- ment Sale Agreement"), dated as of August 1, 1993, by and between the City and the Authority whereby the Authority cdnstructed entered into an Install- ment Sale Agreement (the "1996 Installment Sale Agreement"), dated as of August 1, 1996, by and between the City and the Authority whereby the City prepaid the install- ment payments payable by the, City under the 1993 Installment Sale Agreement and whereby the Authority con- structed additional im- provements to the City's sewage system and the City acquired the improvements from the Authority. The City desires to finance additional im- provements to its sewage system and there has been presented to the City Council a form of Installment Sale Agreement, dated as of December 1, 1997, by and between the City and the Authority (said agreement in the form finally entered into by the City being referred to herein as the "Install- ment Sale Agreement") whereby thee Authority will acquire and con- struct additional im- provements to the City's sewage system. Pursuant to the Or- dinance, the City Coun- cil finds and determines that it is for the com- mon benefit of the City and its residents and is necessary and proper for its municipal pur- poses that the City enter into the Installment Sale Agreement with the Authority. The City Council further finds ,and determines that financing of the im- provements to the City's sewage system through the issuance of the Bonds by .the Authority secured by payments to be made by the City pursuant to the Installment Sale Agree- ment will result in sig- nificant public benefits to the City, including development of reclaimed and recycled water facilities, more ef- ficient delivery of sewage services to residential and commer- cial development, savings in effective'in- terest rate, bond preparation and other bond issuance costs in relation to other financ- ing alternatives avail- able to the City and benefits from undertak- ing the project in a timely fashion. The City and the Authority will finance the improvements with the proceeds of the Authority's Local Agency Revenue Bonds, with appropriate series designation (the "Bonds"), which Bonds will be aid by the Authority from install- ment payments to be made by the City pur- suant to the Installment Sale Agreement. The City desires to approve the Installment Sale Agreement by or- dinance subject to referendum in accord- ance with the procedures set forth in Article 9 of Chapter 5 of Part 1 of Division 2 of the California Government Code (commencing with Sec- tion 54240 of said Code). The Installment Pay- ments to be payable by the City under the In- stallment Agreement (but excluding Addi- tional Payments (as defined in the Install- ment Sale Agreement)) in any fiscal year shall equal the schedule of principal and interest payments determined upon the sale of Bonds from time to time as such Installment Pay- ments may be amended in accordance with the Installment Sale Agree- ment. In addition, the City shall pay Addition- al Payments as provided therein. Payment of the Installment Payments may be subordinate to or on a parity with pay- ment of installment pay- ments under the 1996 Installment Sale Agree- ment, all as determined at the time of execution and delivery of the In- stallment Sale Agree- ment. The officers of the City and their authorized representatives, are, and each of them acting alone is, authorized to execute any and all documents and to per- form any and all acts and things, from time to time, consistent with the Ordinance and the In- stallment Sale Agree- ment and necessary or appropriate to carry the same into effect and to carry out its purpose. Copies of the Ordinance are on file with the City Clerk of the City of Beaumont. The Ordinance shall take effect thirty (30) days from and after its date of adoption unless suspended by exercise of the power of referen- dum. The Ordinance shall be subject to referendum pursuant to and as provided in Sec- tion 54241 of the California Government Code and the laws of the State of California. The Ordinance was in- troduced on October 27, 1997 by the following vote: AYES: Mayor Leja, Council Member Westcot, Bert, and Zeller. NOES: None. ABSTAIN: None. ABSENT: Council Member Parrott. A public hearing on the Ordinance will be held on November 10, 1997, at 6:00 p.m., at City Hall, 550 East Sixth Street, Beaumont, California. After such hearing, the Ordinance will be considered by the City Council for passage and adoption. Publish The Record Gazette No. 509 11-5, 1997