HomeMy Public PortalAboutOrd. 1095ORDINANCE N0. ~~g5
AN URGENCY ORDINANCE OF THE CITY COUPdCIL
OF THE CITY OF LYNWOOD ADDING CHAPTER
12-1/2 TO THE CODE OF THE CITY OF LYNWOOD
RELATING TO FLOOD DAPSAGE PREVENTION
THE CITY COUNCIL OF THE CITY OF LYNWOOD HEREBY DOES
ORDAIN AS FOLLOWS:
SECTION 1. Chapter 12-1/2 hereby is added to the Code of the
City of Lynwood to read as follows:
CHAPTER 12-1/2
FLOOD DAMAGE PREVENTION
Sec. 12-1/2-1. Statutory Authorization
The Constitution of the State of California has in
article XI, section, 11 delegated the responsibility to
local governmental units to adopt regulations designed
to promote the public health, safety, and general welfare
of its citizenry. This chapter is enacted in the
exercise of that responsibility.
Sec. 12-1/2-2. Findings of Fact
(1) The flood hazard areas of Lynwood are subject to
periodic inundation which may result in loss of life
and property, health and safety hazards, disruption of
commerce and governmental services, extraordinary
public expenditures for flood protection and relief,
and impairment of the tax base, all of which adversely
affect the public health, safety and general welfare.
(2) These flood losses may be caused in part by the
cumulative effect of obstructions in areas of special
flood hazards which increase flood heights and velocities,
and when inadequately anchored, damage uses in other
areas. Uses that are inadequately floodproofed, elevated
or otherwise protected from flood damage also contribute
to the flood loss.
Sec. 12-1/2-3. Statement of Purpose
It is the purpose of this chapter to promote the public
health, safety, and general welfare, and to minimize
public and private losses due to flood conditions in
specific areas by provisions designed:
(a) To protect human life and health;
(b) To minimize expenditure of public money for costly
flood control projects;
(c) To minimize the need for rescue and relief efforts
associated with flooding and generally undertaken
at the expense of the general public;
(d) To minimize prolonged business interruptions;
(e) To minimize damage to public facilities and utilities
such as water and gas mains, electric, telephone
and sewer lines, streets and bridges located in areas
of special flood hazard;
(f) To help maintain a stable tax base by providing
for the second use and development of areas of
special flood hazard so as to minimize future flood
blight areas;
(g) To insure that potential buyers are notified that
property is in an area of special flood hazard; and,
(h) To insure that those who occupy the areas of
special flood hazard assurtie responsibility for their
actions.
Sec. 12-1/2-4. Methods of Reducing Flood Losses
In order to accomplish its purposes, this chapter includes
methods and provisions for:
(1) Restricting or prohibiting uses which are dangerous
to health, safety, and property due to water or
erosion hazards, or which result in damaging in-
creases in erosion or in flood heights or velocities;
(2) Requiring that uses vulnerable to floods, including
facilities which serve such uses, be protected
against flood damage at the time of initial con-
struction;
(3) Controlling the alteration of natural flood plains,
stream channels, and natural protective barriers,
which help accomodate or channel flood waters;
(4) Controlling filling, grading, dredging, and other
development which may increase flood damage; and,
(5) Preventing or regulating the construction of flood
barriers which will unnaturally divert flood waters
or cahich may increase flood hazards in other areas.
Sec. 12-1/2-5. Definitions
Unless specifically defined below, words or phrases used
in this chapter shall be interpreted so as to give them
the meaning they have in common usage and to give this
chapter its most reasonable application.
(a) "Appal" means a request for a review of the Build-
ing Official's interpretation of any provisions of
this ordinance or a request for a variance.
(b). "Area of shallow flooding" means a designated AO
or VO Zone on the Flood Insurance Rate Map (FIRM).
The base flood depths range from one to three feet;
a clearly defined channel does not exist; the path
of flooding is unpredictable and indeterminate; and,
velocity flow may be evident.
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(c) "Area of special flood hazard" means the land in
the flood plain within a community subject to a one
percent or greater chance of flooding in any given
year. This area is designated as Zone A, AO, AH,
Al-30, V0, and V1-30 on the FIRM.
(d) "Base flood" means the flood having a one percent
chance of being equalled or exceeded in any given
year.
(e) "Development" means any man-made change to improved
or unimproved real estate, including but not limited
to buildings or other structures, mining, dredging,
filling, grading, paving, excavation or drilling
operations located within the area of special flood
hazard.
(f) "Existing mobile home park or mobile home subdivision"
means a parcel (or contiguous parcels) of land divided
into two or more mobile home lots for rent or sale
for which the construction of facilities for servic-
ing the lot on which the mobile home is to be affixed
(including, at a minimum, the installation of utilities,
either final site grading or the pouring of concrete
pads, and the construction of streets) is completed
before the effective date of this ordinance.
(g) "Expansion to an existing mobile home park or mobile
home subdivision" means-the preparation of additional
sites by the construction of facilities for servicing
the lots on which the mobile homes are to be affixed
(including the installation of utilities, either final
site grading or pouring of concrete pads, or the con-
struction of streets).
(h) "Flood" or "flooding" means a general and temporary
condition of partial or complete inundation of normally
dry land areas from:
(1) The overflow of inland or tidal waters and/or
(2) The unusual and rapid accumulation of runoff
of surface waters from any source.
(i) "Flood Boundary Floodway Map" means the official map
on which the Federal Insurance Administration has
delineated both the areas of flood hazard and the
floodway.
(j) "Flood Insurance Rate Map (FIRM)" means the official
map on which the Federal Insurance Administration
has delineated both the areas of special flood hazards
and the risk premium zones applicable to the community.
(k) "Flood Insurance Study" means the official report
provided by the Federal Insurance Administration
that includes flood profiles, the FIRM, the Flood
Boundary Floodway Map, and the water surface eleva-
tion of the base flood.
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(1) "Floodway" means the channel of a river or other
watercourse and the adjacent land areas that must be
reserved in order to discharge the base flood without
cumulatively increasing the water surface elevation
more than one (1) foot. The floodway is delineated
on the Flood Boundary Floodway Map.
(m) "Habitable floor" means any floor usable for living
purposes, which includes working, sleeping, eating,
cooking or recreation, or a combination thereof. A
floor used only for storage purposes is not a "habit-
able floor".
(n) "Mobile home" means a structure that is transport-
able in one or more sections, built on a permanent
chassis, and designed to be used with or without a
permanent foundation when connected to the required
utilities. It does not include recreational vehicles
or travel trailers.
(o) "New construction" means structures for which the
"start of construction" commenced on or after the
effective date of this chapter.
(p) "Pdew mobile home park or mobile home subdivision"
means a parcel (or contiguous parcels) of land
divided into two or more mobile home lots for rent
or sale for which the construction of facilities
or servicing the lot (including, at a minimum, the
installation of utilities, either final site
grading or the pouring of concrete pads, and the
construction of streets) is completed on or after
the effective date of this chapter.
(q) "Start of construction" means the first placement
of permanent construction of a structure (other
than a mobile home) on a site, such as the pouring
of slabs or footings or any work beyond the stage
of excavation. Permanent construction does not
include land preparation, such as clearing, grad-
ing, and filling, nor does it include the installa-
tion of streets and/or walkways; nor does it
include excavation for a basement, footings, piers
or foundations or the erection of temporary forms;
nor does it include the installation on the prop-
erty of accessory buildings, such as garages or
sheds not occupied as dwelling units or not as
part of the main structure. For a structure
(other than a mobile home) without a basement or
poured footings, the "start of construction"
includes the first permanent framing or assembly
of the structure or any part thereof on its piling
or foundation. For mobile homes not within a
mobile home park or mobile home subdivision,
"start of construction" means the affixing of a
mobile home to its permanent site. For mobile
homes within mobile home parks or mobile home
subdivisions, "start of construction" is the date
on which the construction of facilities for ser-
vicing the site on which the mobile home is to be
affixed (including), at a minimum, the construc-
tion of streets, either final site grading or the
pouring of concrete pads, and installation of
utilities) is completed.
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(r) "Structure" means a walled and roofed building or
mobile home that is principally above ground.
(s) "Substantial improvement" means any repair, recon-
struction, or improvement of a structure, the cost
of which equals or exceed 50 percent of the market
value of the structure either:
(1) before the improvement or repair is started,
or
(2) if the structure has been damaged and is
being restored, before the damage occurred.
For the purposes of this definition "sub-
stantial improvement" is considered to occur
when the first alteration of any wall, ceil-
ing, floor, or other structural part of the
building commences, whether or not that
alteration affects the external dimensions of
the structure.
The term does not, however, include either:
(1) any project for improvement of a structure to
comply with existing state or local health,
sanitary, or safety code specifications which
are solely necessary to assure safe living
conditions, or
(2) any alteration of a structure listed on the
National Register of Historic Places or a
State Inventory of Historic Places.
(t) "Variance" means a grant of relief from the require-
ments of this chapter which permits construction
in a manner that would otherwide be prohibited by
this chapter.
Sec. 12-1/2-6. Lands to Which this Chapter Ap lies
This chapter shall apply to all areas of special flood
hazards within the jurisdiction of the City of Lynwood.
Sec. 12-1/2-7. Basis for Establishin the Areas of Special
Flood Hazard
The areas of special flood hazard identified by the
Federal Insurance Administration in a scientific and
engineering report entitled "The Flood Insurance Study
for the City of Lynwood" dated October, 1979, with an
accompanying Flood Insurance Rate Map is hereby adopted
by reference and declared to be a part of this chapter.
The Flood Insurance Study is on file at the office of
the City Engineer.
Sec. 12-1/2-8. Compliance
No structure or land shall hereafter be constructed,
located, extended, converted, or altered without full
compliance with the terms of this chapter and other
applicable regulations.
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Sec. 12-1/2-9. Abrogation and Greater Restrictions
This chapter is not intended to repeal, abrogate, or
impair any existing esasments, covenants, or deed
restrictions. However, where this chapter and another
chapter, ordinance, easement, covenant, or deed re-
striction conflict or overlap, whichever imposes the
more stringent restrictions shall prevail.
Sec. 12-1/2-10. Interpretation
In the interpretation and application of this chapter,
all provisions shall be:
(a) Considered as minimum requirements;
(b) Liberally construed in favor of the governing body;
and,
(c) Deemed neither to limit nor repeal any other powers
granted under state statutes.
Sec. 12-1/2-11. Warning and Disclaimer of Liability
The degree of flood protection required by this chapter
is considered reasonable for regulatory purposes and is
based on scientific and engineering considerations.
Larger floods can and will occur on rare occasions.
Flood heights may be increased by man-made or natural
causes. This chapter does not imply that land outside
the areas of special flood hazards or uses permitted
within such areas will be free from flooding or flood
damages. This chapter shall not create liability
on the part of the City of Lynwood, any officer or
employee thereof, or the Federal Insurance Administration,
for any flood damages that result reliance on this
chapter or any administrative decision lawfully made
hereunder.
Sec. 12-1/2-12. Establishment of Development Permit
A Development Permit shall be obtained before construc-
tion or development begins within any area of special
flood hazard established in Section 12-1/2-7. Appli-
cation for a Development Permit shall be made on forms
furnished by the Building Official and may include, but
not be limited to; plans in duplicate drawn to scale
showing the nature, location, dimensions, and elevation
of the area in question; existing or proposed struc-
tures, fill, storage of materials, drainage facilities;
and the location of the foregoing. Specifically, the
following information is required:
(1) Proposed elevation in relation to mean sea level,
of the lowest habitable floor (including basement)
of all structures; in Zone AO elevation of exist-
ing grade and proposed elevation of lowest habitable
floor of all structures;
(2) Proposed elevation in relation to mean sea level
to which any structure will be floodproofed;
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(3) Certification by a registered professional engineer
or architect that the floodproofing methods for any
nonresidential structure meet the floodproofing
criteria in Section 12-1/2-15(c)(3); and,
(4) Description of the extent to which any watercourse
will be altered or relocated as a result of proposed
development.
Sec. 12-1/2-13. Designation of the Buildin Official
The Building Official is hereby appointed to administer
and implement this chapter by granting or denying Develop-
ment Permit applications in accordance with its provisions.
Sec. 12-1/2-14. Duties and Responsibilities of the Buildin
Official
Duties of the Building Official shall include, but not
limited to:
(a) Permit Review.
(1) Review all Development Permits to determine that
the requirements of this chapter have been satis-
fied.
(2) Review all Development Permits to determine if
the proposed development adversely affects the
flood carrying capacity of the area of special
flood hazard. For purposes of this chapter,
"adversely affects" means that the cumulative
effect of the proposed development when com-
bined with all other existing and anticipated
development will not increase the water surface
elevation of the base flood more than one foot
at any point.
(b) Use of Other Base Flood Data.
When base flood elevation data has not been pro-
vided in accordance with Section 12-1/2-7 the
Building Officials shall obtain, review, and rea-
sonably utilize any base flood elevation data avail-
able from a federal, state or other source, in
order to adminsiter Section 11-1/2-15.
(c) Information to be Obtained and Maintained.
Obtain and maintain for public inspection and make
available as needed for Flood Insurance Policies:
(1) the certified elevation required in Section
(2) the certification required in Section
(3) the floodproofing certification required in
Section 12-1/2-15(c)(3); and,
(4) the certified elevation required in Section
12-1/2-18.
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(d) Alteration of Watercourses.
(1) Notify adjacent communities and the Los Angeles
Flood Control District prior to any alteration
or relocation of a watercourse, and submit
evidence of such notification to the Federal
Insurance Administration.
(2) Require that the flood carrying capacity of
the altered or relocated portion of said water-
course is maintained.
(e) Interpretation of FIRM Boundaries.
Make interpretations where needed, as to the exact
location of the boundaries of the areas of special
flood hazards (for example, where there appears to
be a conflict between a mapped boundary and actual
field conditions). The person contesting the loca-
tion of the boundary shall be given a reasonable
opportunity to appeal the interpretation as pro-
vided in Section 12-1/2-20.
Sec
12-1/2-15. Standards of Construction
In all areas of special flood hazards the following
standards are required:
(a) Anchoring.
(1) All new construction and substantial improve-
ments shall be anchored to prevent flotation,
collapse or lateral movement of the structure.
(2) All mobile homes shall meet said anchoring
standards.
(b) Construction Materials and Methods.
(1) All new construction and substantial improve-
ments shall be constructed with materials and
utility equipment resistant to flood damage.
(2) All new construction and substantial improve-
ments shall be constructed using methods and
practices that minimize flood damage.
(c) Elevation and Floodproofing.
(1) New construction and substantial improvement
of any structure shall have the lowest habitable
floor, including basement, elevated to or above
the base flood elevation. Nonresidential struc-
tures may meet the standards in Section 12-1/2-
15(c)(3). Opon completion of the structure
the elevation of the lowest habitable floor
including basement shall be certified by a
registered professional engineer or surveyor
and provided to the official set forth in
Section 12-1/2-14(c)(3).
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(2) New construction and substantial improvement
of any structure in Zone AO shall have the low-
est floor, including basement, elevated to or
above the depth number specified on the FIRM. If
there is no depth number on the FIRM, the lowest
floor, including basement, shall be elevated
one foot above the crown of the nearest street.
Ponresidential structures may meet the standards
in Section 12-1/2-15(c)(3). Upon the completion
of the structure a registered professional
engineer shall certify that the elevation of the
structure meets this standard and provided to
the official set forth in Section 12-1/2-14(c)(3).
(3) Nonresidential construction shall either be
elevated in conformance with Section 12-1/2-15(c)(1)
or (2) or together with attendant utility and
sanitary facilities:
(a) be floodproo£ed so that below the base
flood level the structure is watertight
with walls substantially impermeable to
the passage of water;
(b) have structural components capable of
resisting hydrostatic and hydrodynamic loads
and effects of buoyancy; and
(c) be certified by a registered professional
engineer or architect that the standards
of this subsection are satisfied. Such
certification shall be provided to the
official as set forth in Section 12-1/2-
14(c)(3).
(4) Mobile homes shall meet the above standards and
also standards in Section 12-1/2-19.
Sec. 12-1/2-16. Standards for Storage of Materials and Equipment
The storage or processing of materials that are in time
of flooding buoyant, flammable, explosive, or could be
injurious to human, animal or plant life is prohibited.
Storage of other material or equipment may be allowed if
not subject to major damage by floods and firmly anchored
to prevent flotation or if readily removable from the area
within the time available after flood warning.
Sec. 12-1/2-17. Standards for Utilities
All new and replacement water supply and sanitary sewage
systems shall be designed to minimize or eliminate infil-
tration of flood waters into the system and discharge from
systems into flood waters. On-site waste disposal systems
shall be located to avoid impairment to them or contamina-
tion from them during flooding.
Sec. 12-1/2-18. Standards for Subdivisions
All preliminary subdivision proposals shall identify the
flood hazard area and the elevation of the base flood. All
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final subdivision plans will provide the elevation of
proposed structure(s) and pads. If the site is filled
above the base flood, the final pad elevation shall be
certified by a registered professional engineer or
surveyor and provided to the official as set forth in
Section 12-1/2-14(c)(3). All subdivision proposals
shall be consistent with the need to minimize flood
damage. All subdivision proposals shall have public
utilities and facilities such as sewer, gas, electrical,
and water systems located and constructed to minimize
flood damage. All subdivision proposals shall have
adequate drainage provided to reduce exposure to flood
damage.
Sec. 12-1/2-19. Standards for Mobile Homes and Mobile Home
(a) Anchoring.
All mobile homes and additions to mobile homes shall
be anchored to resist flotation, collapse, or lateral
movement by one of the following methods:
(1) by providing an anchoring system designed to
withstand horizontal forces of 25 pounds per
square foot and up lift forces of 15 pounds per
square foot;
(2) by providing over-the-top and frame ties to
ground anchors. Specifically:
(a) over-the-top ties be provided at each of
the four corners of the mobile home, with two.
additional ties per side at intermediate
locations, with mobile homes less than 50
£eet long require only one additional tie
per side;
(b) frame ties be provided at each corner of
the home with five additional ties per side
at intermediate points, with mobile homes
less than 50 feet long require only four
additional ties per side; and,
(c) all components of the anchoring system be
capable of carrying a force of 4,800 pounds.
(b) Mobile Home Parks and Mobile Home Subdivisions.
The following standards are required for (a) mobile
homes nor places in mobile home parks or subdivisions,
(b) new mobile home parks or subdivisions, (c) ex-
pansions to existing mobile home parks or subdivisions
and, (d) repair, reconstruction, or improvements to
existing mobile home parks or subdivisions that equals
or exceeds 50 percent of the value of the streets,
utilities and pads before the repair, reconstruction
or improvement commenced.
(1) Adequate surface drainage and access for a hauler
shall be provided.
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(2) All mobile homes shall be placed on pads or lots
elevated on compacted fill or on pilings so that
the lowest floor of the mobile home is at or
above the base flood level. If elevated on
pilings:
(a) the lots shall be large enough to permit
steps;
(b) the pilings shall be placed in stable soil
no more than ten feet apart and,
(c) reinforcement shall be provided for pilings
more than six feet above the ground level.
Sec. 12-1/2-20. Variances - Appeal Board
(a) The Planning Commission shall hear and decide appeals
and requests for variances from the requirements of
this chapter.
(b) The Planning Commission shall hear and decide appeals
when it is alleged there is an error in any require-
ment, decision, or determination made by the Building
Official in the enforcement or administration of this
chapter.
(c) Those aggrieved by the decision of the Planning
Commission, or any taxpayer, may appeal such decision
to the City Council.
(d) In passing upon such applications, the Planning
Commission or City Council shall consider all tech-
nical evaluations, all relevant factors, standards
specified in other sections of this ordinance, and:
(1) the danger that materials may be swept onto other
lands to the injury of others;
(2) the danger to life and property due to flooding
or erosion damage;
(3) the susceptibility of the proposed facility
and its contents to flood damage and the effect
of such damage on the individual owner;
(4) the importance of the services provided by the
proposed facility to the community;
(5) the necessity to the facility of a waterfront
location, where applicable;
(6) the availability of alternative locations,
for the proposed use which are not subject to
flooding or erosion damage;
(7) The compatability of the proposed use with exist-
ing and anticipated development;
(8) the relationship of the proposed use to the
comprehensive plan and flood plain management
program for that area;
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(9) the safety of access to the property in times of
flood for ordinary and emergency vehicles;
(10) the expected heights, velocity, duration, rate of
rise, and sediment transport of the flood waters
and the effects of wave action, if applicable,
expected at the site; and,
(11) the costs of providing governmental services
during and after flood conditions, including
maintenance and repair of public utilities and
facilities such as sewer, gas, electrical, and
water system, and streets and bridges.
(e) Generally, variances may be issued for new construc-
tion and substantial improvements to be erected on
a lot of one-half acre or less in size contiguous to
and surrounded by lots with existing structures con-
structed below the base flood level, providing items
(1-11) of subsection (d) hereof have been fully con-
sidered. As the lot size increases beyond the one-
half acre, the technical justification required for
issuing the variance increases.
(f) Upon consideration of the factors of subsection (d)
and the purposes of this chapter, the Planning
Commission or City Council may attach such conditions
to the granting of variances as it deems necessary to
further the purposes of this chapter.
(g) The Building Official shall maintain the records
of all appeal actions and report any variances to the
Federal Insurance Administration upon request.
Sec. 12-1/2-21. Conditions for Variances
(a) Variances may be issued for the reconstruction, re-
habilitation or restoration of structures listed on
the National Register of Historic Places or the State
Inventory of Historic Places, without regard to the
procedures set forth in the remainder of this section.
(b) Variances shall not be issued within any designated
floodway if any increase in flood levels during the
base flood discharge would result.
(c) Variances shall only be issued upon a determination
that the variance is the minimum necessary, consider-
ing the flood hazard, to afford relief.
(d) Variances shall only be issued upon:
(1) a showing of good and sufficient cause;
(2) a determination that failure to grant the
variance would result in exceptional hardship
to the applicant; and
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(3) a determination that the granting of a vari-
ance will not result in increased flood
heights, additional threats to public safety,
extraordinary public expense, create nuisances,
cause fraud on or victimization of the public,
or conflict with existing local laws or
ordinances.
(c) Any applicant to whom a variance is granted shall
be given written notice that the structure will be
permitted to be built with a lowest floor elevation
below the base flood elevation and that the cost
of flood insurance will be commensurate with the
increased risk resulting from the reduced lowest
floor elevation.
SECTION 2. Severability. If any section, subsection,
subdivision, sentence, clause, phrase or portion of this
Ordinance, or the application thereof to any person or
place, is for any reason held to be invalid or unconstitu-
tional by the decision of any court of competent jurisdic-
tion, such decision shall not affect the validity of the
remaining portions of this Ordinance or its application to
other persons or places. The City Council hereby declares
that it would have adopted this Ordinance, and each section,
subsection, subdivision, sentence, clause, phrase or portion
thereof, irrespective of the fact that any one or more
sections, subsections, subdivisions, sentences, clauses,
phrases, or portions, or the application thereof to any
person or place, be declared invalid or unconstitutional.
SECTION 3. The City Council hereby finds and determines that
the continued threat of flood damage to persons and property
within certain specified areas of the City constitutes an
immediate danger to the health and safety of the citizens of
Lynwood and regulations to minimize such damage are required
as soon as possible. Therefore, this Ordinance is an urgency
ordinance and shall take effect immediately upon adoption.
SECTIOPd 4. The City Clerk is hereby authorized and directed
to certify as to the passage of this Ordinance and to give
notice thereof by causing copies of this Ordinance to be
posted in three public places within the City.
PASSED AND ADOPTED by the City Council of the City of
Lynwood at a regular meeting held on the 4th day of March,
1980.
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MAYO -0 TAE CITY OF LYNWOOD
ATTEST:
.~ e i .~2
CI~''Y CLERK OF THEW IT OF LYNWOOD
~"~~
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STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
I, LAURENE COFFEY, City Clerk of the City of Lynwood,
DO HEREBY CERTIFY that the foregoing ordinance was duly
adopted at a regular meeting of the said City Council held
on the 4th day of March, 1980 by the following roll call
vote:
AYES: BYORK, GREEN, HIGGINS, ROWS, MORRIS.
NOES: NONE.
ABSENT: NONE.
~ ~
CITY CLERK OF THE CI T, OF LYNWOOD
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STATE OF CALIFORNIA )
ss.
COUNTY OF LOS ANGELES )
I, the undersigned, City Clerk of the City of Lynwood,
do hereby certify that the above is a true and correct copy
of Ordinance No. ~qg~ adopted by the City Council of the
City of Lynwood, and that same was passed on the date and by
the vote therein stated.
Dated this c,t.h day of March 1980.
G~
__ ~,C.aa~-~i ~8-' -~~~
LAURENE COF'~'EY /
City Clerk of the City of Lynwood