HomeMy WebLinkAbout05-023
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1 ORDINANCE NO. 05-023
2
3 AN ORDINANCE AMENDING THE ST. LUCIE COUNTY LAND
4 DEVELOPMENT CODE BY AMENDING SECTION 2.00.00
5 ("DEFINITIONS") TO ADD NEW DEFINITIONS RELATING TO
6 SIDEWALKS AND BIKEWAYS: AMENDING SECTION 7.05.02
7 ("STREETS") BY UPDATING REFERENCES TO ST. LUCIE COUNTY
8 COMPREHENSIVE PLAN. CHANGING REFERENCES TO COMMUNITY
9 DEVELOPMENT DIRECTOR TO GROWTH MANAGEMENT DIRECTOR.
10 PROVIDING FORAPPLlCA TION TO ARTERIAL OR MAJOR COLLECTOR
11 STREETS OR ROADWAYS WITHIN THE UNINCORPORATED AREAS OR
12 ALONG ANY COUNTY MAINTAINED ROADWAY IN THE
13 UNINCORPORATED ARES OF THE COUNTY RATHER THAN THE
14 URBAN SERVICE AREA. AND DELETING THE REQUIREMENT FOR
15 SIDEWALK REQUIREMENT BASED UPON LOT FRONTAGE: AMENDING
16 SECTION 7.05.03 ("RIGHTS-OF-WAY DETERMINATIONS AND
17 DEDICA TIONS.IMPROVEMENTS") BY UPDATING REFERENCES TO ST.
18 LUCIE COUNTY COMPREHENSIVE PLAN. CHANGING REFERENCES
19 TO COMMUNITY DEVELOPMENT DIRECTOR TO GROWTH
20 MANAGEMENT DIRECTOR. AND AMENDING MINIMUM RIGHT-OF-WAY
21 AND TYPICAL SECTION REQUIREMENTS AS SET FORTH IN TABLE 7-
22 15: CREATING SECTION 7.05.04 ("SIDEWALKS AND BIKEWAY") TO
23 ESTABLISH SIDEWALK AND BIKEWAY CRITERIA AND
24 ESTABLISHMENT OF NEW MINIMUM RIGHT OF WAY WIDTHS:
25 AMENDING SECTION 7.05.05 ("DRIVEWAYS") TO PROVIDE FOR THE
26 PUBLIC WORKS DEPARTMENT RATHER THAN THE COMMUNITY
27 DEVELOPMENT DEPARTMENT TO ISSUE A CERTIFICATE OF
28 OCCUPANCY OR FINAL INSPECTION: AMENDING SECTION 7.05.08
29 ("STREET NAMING AND IDENTIFICATION") TO CHANGE THE
30 REFERENCES TO COMMUNITY DEVELOPMENT DIRECTOR TO
31 GROWTH MANAGEMENT DIRECTOR: AMENDING SECTION 7.05.05
32 ("HOUSE AND BUILDING NUMBERS" TO CHANGE THE REFERENCES
33 TO COMMUNITY DEVELOPMENT DIRECTOR TO GROWTH
34 MANAGEMENT DIRECTOR : PROVIDING FOR CONFLICTING
35 PROVISIONS: PROVIDING FOR SEVERABILITY: PROVIDING FOR
36 APPLICABILITY: PROVIDING FOR FILING WITH THE DEPARTMENT OF
37 STATE: PROVIDING FOR AN EFFECTIVE DATE: PROVIDING FOR
38 ADOPTION AND PROVIDING FOR CODIFICATION
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41 WHEREAS, the Board of County Commissioners of St. Lucie County, Florida, has
42 made the following determination:
43
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Y J CLERK OF THE CIRCUIT COURT
EDWIN M. FR , r.,
SAINT LUCIE COUNTY
FILE # 2724144 1pOA/OG7E/2~~ ~~~~:3~~ype: ORDN
OR BOOK 2385
RECORDING: $103.50
1 1. On August 1, 1990, the Board of County Commissioners of St. Lucie County,
2 Florida, adopted the St. Lucie County Land Development Code.
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4 2. The Board of County Commissioners has adopted certain amendments to the St.
5 Lucie County Land Development Code, through the following Ordinances
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30 3. On August 16, 2005, the Local Planning Agency/ Planning and Zoning Commission
31 held a public hearing on the proposed ordinance after publishing notice in the Port St. Lucie
32 News and the Tribune at least 10 days prior to the hearing and recommended that the
33 proposed ordinance be approved.
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35 4. On September 6, 2005, this Board held its first public hearing on the proposed
36 ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the
37 Tribune on August 28,2005.
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39 5. On September 20, 2005, this Board held its second public hearing on the proposed
40 ordinance, after publishing a notice of such hearing in the Port St. Lucie News and the
41 Tribune on September 10, 2005.
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43 6. The proposed amendments to the St. Lucie County Land Development Code are
44 consistent with the general purpose, goals, objectives and standards of the St. Lucie County
91-03 - March 14, 1991 91-09 - May 14,1991
91-21 - November 7, 1991 92-17 - June 2, 1992
93-01 - February 16, 1993 93-03 - February 16, 1993
93-05 - May 25, 1993 93-06 - May 25, 1993
93-07 - May 25, 1993 94-07 - June 22, 1994
94-18 - August 16, 1994 94-21 - August 16, 1994
95-01 - January 10, 1995 96-1 0 - August 6, 1996
97-01 - March 4, 1997 97 -09 - October 7,1997
97 -03 - September 2, 1997 99-01 - February 2, 1999
99-02 - April 6, 1999 99-03 - August 17, 1999
99-04 - August 17,1999 99-05 - July 20, 1999
99-1 5 - July 20, 1999 99-16 - July 02, 1999
99-17 - September 7, 1999 99-18 - November 2, 1999
00-1 0 - June 13, 2000 00-11 - June 13, 2000
00-12 - June 13, 2000 00-13 - June 13, 2000
01-03 - December 18, 2001 02-05 - June 24, 2002
02-09 - March 5, 2002 02-20 - October 15, 2002
02-29 - October 15, 2002 03-05 - October 7, 2003
04-02- January 20, 2004 04-07- April 20, 2004
04-33- December 7, 2005 05-01- March 15, 2005
05-03- August2,2005 05-04- August 2, 2005
05-07 - January 18, 2005 05-16- August 16, 2005
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Comprehensive Plan and are in the best interest of the health safety and public welfare of
the citizens of St. Lucie County, Florida.
NOW, THEREFORE, BE IT ORDAINED by the Board of County Commissioners of
St. Lucie County, Florida:
PART A.
THE SPECIFIC AMENDMENTS TO THE ST. LUCIE COUNTY LAND DEVELOPMENT
CODE TO READ AS FOLLOWS, INCLUDE:
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CHAPTER II
DEFINITIONS
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1.01.01
DEFINITIONS
BIKE LANE: A portion of roadway (4-5 feet). which has been designated by signing and
pavement markings for the preferential or exclusive use by bicyclists.
BIKE WAYS: Any road. path. or way that in some manner is specifically designated as open
to bicycle travel. regardless of whether such facility is designated for the exclusive use of
bicycles or is to be shared with other transportation modes.
MULTI USE PATH: A bikeway (10-12 foot wide) physically separated from the motorized
vehicular traffic by an open space or barrier and either within highway right of way or within
an independent alignment. Multi use paths may be used by pedestrians. skaters. and
ioggers as well as bicyclists.
SIDEWALK: That portion of a roadway designed for preferential or exclusive use by
pedestrians and non motorized vehicles.
UNDESIGNATED BIKE LANE: A bike lane. which is not designated by the diamond. bike
and arrow pavement markings. It is striped as a regular bike lane on the approaches to
intersections.
BICYCLE: A vehicle propelled by human power upon which any person or persons may ride
having two tandem wheels. except scooters and similar devices. For the purposes of this
code bicycle shall also include unicycles. tricycles and auadracycles.
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CHAPTER VII
DEVELOPMENT DESIGN AND IMPROVEMENT
STANDARDS
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7.05.02
STREETS
A. GENERALLY
1-3 No Changes
4. All roads and streets shall be planned in conformity with the Traffic Circulation
Transportation Element of the St. Lucie County Comprehensive Plan.
5-9 No Changes
10. All new construction for any arterial orffl8jöf collector street or roadway within
the Urban Service Area shall be provided with sidewalks and bicycle paths along one or both
sides, as determined by the County Engineer. The County Engineer shall consult the
Bicycle/ Pedestrian Coordinator. the St. Lucie Metropolitan Planning Organization Bicycle
and Pedestrian Plan or other adopted Bicycle and Pedestrian Plan (September 1995) in
determining the location of any sidewalks and bicycle path facilities.
11. All local or minor collector streets or roads, constructed within the Urban
Service Area pro'v'iding access to residential de\lelopments that have a mean lot street
frontage of 125 feet or less, or nonresidential developments with a mean lot street frontage
of 225 feet or less, shall be pro'V'ided w'ith sidew'alks along both sides of the street or road
in accordance with the provisions of Chapter 13 of this code.
12. Except as otherwise may be provided in Chapter 13 of this Code, all arterial
and major collector street and roadways shall have a minimum travel lane width of 12 feet.
In those instances where an open swale drainage system is utilized, a minimum of four five
feet of the required shoulder area shall be paved where practical.
13-15 No Changes
7.05.03 RIGHTS-OF-WAY DETERMINATIONS AND DEDICATIONS, IMPROVEMENTS
A. ST. LUCIE COUNTY THOROUGHFARE NETWORK RIGHT-OF-WAY
PROTECTION PLAN
1 . No Change
2. General
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The St. Lucie County Thoroughfare Network Right-of-Way Protection Plan
shall identify existing and future transportation corridors and transportation facilities, and
shall serve as the implementing Section of the Tn~ffjc Circulation Transportation Element of
the St. Lucie County Comprehensive Plan.
3. No Change
B. REVIEW OF THE THOROUGHFARE NETWORK RIGHT-OF-WAY PROTECTION
PLAN
The Thoroughfare Network Right-of-Way Protection Plan shall be reviewed by each
of the following the Community Development Growth Management Director, County
Cngineer Public Works Director, St. Lucie Metropolitan Planning Organization, and the St.
Lucie County Board of County Commissioners at least one (1) time every two (2) years to
assess the necessity for continuing the protection of the transportation corridors and the
necessity for retaining the property acquired for the transportation corridor. If a
transportation corridor is determined to be no longer necessary, the transportation corridor
shall be removed from the Plan. If a new transportation corridor is determined to be needed,
the transportation corridor shall be added to the Plan. Any additions or deletions from this
plan shall be accompanied by the appropriate amendments to the Transportation Element
of the St. Lucie County Comprehensive Plan.
C. MINIMUM RIGHT-OF-WAY AND TYPICAL SECTION REQUIREMENTS
The following minimum right-of-way widths (Table 7-15) and typical roadway sections
(rig. 7 15) are hereby established in the Traffic Circulation Clement of the St. Lucie County
Comprchcnsivc Plan 8ftd shall be used in considering land dedication needs for roadways
identified on the Thoroughfare Network Right-of-Way Protection Plan.
Table 7-15
ROADWAY TYPE MINIMUM RIGHT OF WAY WIDTH
Arterial (6 lane) 200
r'rineipal Arterial Rural 24Z +5e- 160
Arterial/ Collector 4 lane
.~ . -. +39
+39
Minor Collector Arterial/ Collector 12 lane) 100 80
SubdivisiM Collector Roads (subdivision feeder 86
fö8ds1
Local Road (w/ swale drainaqe) se 70
Local Road (w/ closed drainaae - curb & autter) 59 60
All distances expressed in feet. Actual dimensions to be site determined and may be greater or
less than expressed minimums given speeifie site conditions and specific roadway design
requirements. Additional riqht of way will be at the request of the County Enqineer or his
desianee. The Board of County Commissioners may modify standard riaht-of-wav widths for
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Planned Unit Development if the intent of the ordinance is beina upheld.
D. DETERMINATION OF RIGHT-OF-WAY ALIGNMENT
1. The Thoroughfare Network Right-of-Way Protection Plan is intended to
indicate transportation corridors, not precise alignments, and is to be based upon the Right-
of-Way Protection Map of the Traffic Circulation Transportation Element of the St. Lucie
County Comprehensive Plan. Precise alignments will be determined at the time of
development review and/or as a result of detailed alignment studies and surveys.
2. No Change
E. DEDICATIONS TO PUBLIC
1. No Change
2. Except as otherwise provided by the Board of County Commissioners, all
roads and streets shall be dedicated to the public. Any private roads permitted by the Board
of County Commissioners shall be constructed to public road specifications. Construction
plan review, construction inspection and required guarantee and surety reviews for private
roads shall be as provided by this Code. No arterial or major collector road or street
indicated on the future right-of-way maps of the Transportation Traffic Circulation Element
of the St. Lucie County Comprehensive Plan shall be permitted to be private.
3. No Change
F-H No Change
I. RIGHT-OF-WAY DEDICATION REQUIREMENTS
1. General Requirements
a. Any applicant for a Development Order for property abutting a roadway
designated on the Thoroughfare Network Right-of-Way Protection Plan shall dedicate
sufficient land to account for the applicant's proportionate share of the right-of-way
deficiency identified in the Thoroughfare Network Right-of-Way Protection Plan for the
proposed development. The County Engineer shall determine the applicant's proportionate
share by utilizing the Thoroughfare Network Right-of-Way Protection Plan, the Traffic
Circulation Transportation Element ofthe St. Lucie County Comprehensive Plan, any traffic
information available in the County records, and any traffic analysis submitted by the
applicant as part of the development order approval process or otherwise.
2-5 No Change
J-K No Change
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7.05.04
SIDEWALKS AND BIKEWAYS
A. Sidewalks
1. All new residential developments required to obtain site plan approval located
within the Urban Service Boundary and all new non-residential development located within
the unincorporated area of St. Lucie County and within the Urban Service Boundary are
required to design and construct sidewalks within the right-of-way of all streets and
roadways that abut or lie within the perimeter of the property.
2. New sidewalks must be a minimum of six (6) feet wide along streets classified
as collectors and arterials.
3. Local street requirements are based upon local needs and existing conditions.
Local streets shall have sidewalks five (5) foot wide along one or both sides of the street
as deemed necessary during the County's development review process.
4. All new sidewalks shall be constructed of concrete. brick pavers or other
materials acceptable to St. Lucie County. All construction must conform to Florida
Department of Transportation and/or St. Lucie County standards.
a. All sidewalks on internal private roads shall connect with the sidewalks
in the abutting public right-of-way.
b. The County Engineer may authorize a modification in sidewalk width
to protect existing trees or to accommodate existing utilities. In no case shall sidewalks be
less than four feet.
c. The Development Review Committee (DRC) as part of the site plan
review process shall document any exemption of a development project from constructing
specific sidewalk segments based on physical constraints such as proximity to drainage
canals or structures where the construction of the particular sidewalk segment would result
in a disproportionate burden on the development.
d. Sidewalks shall be constructed around the perimeter of a cul-de-sac.
e. All sidewalks and ramps shall conform to the latest requirements
published in the most recent edition of the Americans With Disabilities Act (ADA)
Accessibility Guidelines.
f. The developer will bear the cost for design and construction of the
sidewalk. Sidewalks on private property must be maintained by the developer. property
owner's association or other entity as approved by St. Lucie County through the operation
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and maintenance covenants of the community. subdivision association or other recognized
management entity. St. Lucie County shall maintain all sidewalks located within County
maintained public rights-of-way unless otherwise agreed to through specific maintenance
agreements.
g. Multi-Use Paths (10-12 feet wide) may be required by the County in
place of sidewalks when the multi-use path would be part of the adopted area-wide bicycle/
pedestrian system or Greenways & Trails plan.
h. The Board of County Commissioners shall authorize total or partial
relief from the requirements of sidewalk construction if it finds. after receiving the
recommendation of the Development Review Committee and based on conditions peculiar
to the proposed development. that the proposed sidewalk construction is not in the best
interest of the County. the applicant shall pay a fee-in-lieu to the County for sidewalk and/
or greenways & trails construction.
B. Bikeways
1. All new developments within the unincorporated area of St. Lucie County or
within municipalities that access County maintained roads and are constructing or
reconstructing roads as part of the development shall be required to design and construct
bike lanes. Bike lanes shall be constructed and dedicated to St. Lucie County in
accordance with the St. Lucie County Public Works Standards.
2. Bike lanes shall be provided on all internal proiect streets and roads that are
classified as arterials or collectors. Bike lanes shall be constructed in accordance with the
St. Lucie County Public Works Standards.
3. Pavement markings and signage shall comply with the standards established
by the Florida Department of Transportation (FDOT) and the Manual on Uniform Traffic
Control Devices (MUTCD).
4. Roadways constructed with closed drainage (curb and gutter) shall have a
four-foot bike lane.
5. Roadwavs constructed with open drainage (swale) shall have a five-foot bike
lane.
6. The construction of a multi-use path adiacent to an arterial or collector
roadway internal or external to the development proiect does not relieve or otherwise
release the requirement for the provision of bike lanes along said streets or roads.
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c. Bicycle Racks
1. Bicycle racks shall be required for all non-residential development unless it
can be demonstrated that bicycle traffic would not have access to the property per the St.
Lucie County Comprehensive Plan Policy 2.2.1.1. Agricultural and Industrial areas shall be
exempt from this requirement. Planned Unit Developments (PUD) may be requested to
have bike racks as deemed necessary during the development review process based on
the proximity of the development to recreation facilities and school bus stops.
a. There must be a minimum of six (6) bicycle parking spots.
b. Bicycle parking should be located in close proximity to the buildings
entrance.
c. Bicycle parking facilities shall be located in highly visible well lighted
areas to minimize theft and vandalism.
d. Bicycle parking facilities shall support bicycles in a stable position
without damage to wheels. frame or other components. The standard bicycle rack shall be
the Inverted "U" style as pictured below.
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25 e. Additional bicycle parking spots may be necessary and reauested
26 during the development review process by the Growth Management Director.
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28 f. Based on the review of the proposed parking area design. location and
29 security features. the Growth Management Director may reduce the number of required
30 automobile parking spaces by one (1) automobile space for each six (6) bicycle spaces
31 provided.
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D. Time of Construction
1. All required sidewalks and bikeways shall be constructed in coniunction with
the infrastructure for that phase of the development. The developer shall post a bond or
other guarantee acceptable to the County as assurance of completion of the improvements
in accordance with Section 11.04.00.
E. Maintenance
1. Sidewalks and bikeways on private property must be maintained by the
developer. property owner's association or other entity as approved by St. Lucie County
through the operation and maintenance covenants of the community. subdivision
association or other recognized management entity. St. Lucie County shall maintain all
sidewalks and bikeways located within County maintained public rights-of-way unless
otherwise agreed to through specific maintenance agreements.
6.4.06 DRIVEWAYS
A. No Change
B. BUILDINGS, BUILDING REGULATIONS
No Certificate of Occupancy or final inspection shall be issued by the Community
Development Public Works Department until the completed curb cut or driveway has been
inspected and approved by the County Engineer. The property owner shall notify the
County Engineer upon completion of the curb cut or driveway and at least twenty-four (24)
hours prior to the requested inspection.
C-D No Changes
7.05.08
STREET NAMING AND IDENTIFICATION
A-G No Changes
H. AUTHORITY FOR NAMING AND NUMBERING STREETS
1. New streets shall be assigned names or numbers in compliance with the
provisions of this Code by the Growth Management Community Development Director.
The Growth Management Community De'Ýelopment Director is hereby granted the authority
to rename duplicate or similar sounding streets or renumber existing streets to comply with
the provisions of this Code. In the case of duplicate names or similar sounding names
where one (1) or more streets must be renamed and one (1) street shall retain the name,
the Growth Management Community De'v'elopment Director shall consider such factors as
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the historical significance of the name, the number of years the street has held that name,
and the relationship name to the names of adjacent streets.
7. Individuals residing on the street or developers of a subdivision may
participate in the naming or renaming process by providing suggestions for street names
to the Growth Management Community Development Director. Interested individuals
should submit three (3) names with the first choice listed first, second choice listed second,
and third choice listed last. The Growth Management Community Development Director
shall assign the name after considering the choices provided and verifying compliance with
the provisions of this section.
I-J No Changes
7.05.09
HOUSE AND BUILDING NUMBERS
A 1 No Changes
2. House and building numbers for all residential or commercial uses in the
unincorporated areas of St. Lucie County shall only be assigned by the Growth
ManaQement Community Development Director, and shall be assigned at the time the
building permit is issued.
A 3 No Changes
B-D No Changes
PART B.
CONFLICTING PROVISIONS.
Special acts of the Florida legislature applicable only to unincorporated areas of St.
Lucie County, County ordinances and County resolutions, or parts thereof, in conflict with
this ordinance are hereby superseded by this ordinance to the extent of such conflict.
PART C.
SEVERABILITY.
If any portion of this ordinance is for any reason held or declared to be
unconstitutional, inoperative, or void, such holding shall not affect the remaining portions
of this ordinance. If this ordinance or any provision thereof shall beheld to be inapplicable
to any person, property, or circumstance, such holding shall not affect its applicability to
any other person, property, or circumstance.
PART D.
APPLICABILITY OF ORDINANCE.
This ordinance shall be applicable in the unincorporated area of St. Lucie County.
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32 .. ""'~;~':~.~:?:"~~
33 ATTEST: /"'.,(!,f ~;:(::" . ';·"·''\h".
34 /"\
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37 D puty Clerk ,< '..;< <~":"".~<'..
38 '~~(..
3 9 '''~.. '~~"":~::"~";..~~,~J:J'.~' 4:',"
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FILING WITH THE DEPARTMENT OF STATE.
The Clerk be and is hereby directed forthwith to send a certified copy of this
ordinance to the Bureau of Administrative Code and Laws, Department of State, The
Capitol, Tallahassee, Florida 32304.
EFFECTIVE DATE.
This ordinance shall take effect upon filing with the Department of State.
ADOPTION.
After motion and second, the vote on this ordinance was as follows:
Chairman Frannie Hutchinson
Vice Chairman Doug Coward
Commissioner Joseph E. Smith
Commissioner Paula A. Lewis
Commissioner Chris Craft
AYE
AYE
AYE
AYE
AYE
CODIFICATION.
Provisions of this ordinance shall be incorporated in the St. Lucie County Code and
Compiled Laws, and the word "ordinance" may be changed to "section", '~årticle" ., other
appropriate word, and the sections of this ordinance may be renumber~~ ientd to
accomplish such intention; provided, however, that parts B through H~tf~À~'~¡ ~~'ied.
PASSED AND DULY ENACTED this 20th day of sePtemi~~,.: ~, .' J",~;~
,·ij'~.pJj,¡ ,j."
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