HomeMy WebLinkAboutagenda.council.jointworksession.20230404AGENDA
JOINT CITY COUNCIL / BOCC
WORK SESSION
April 4, 2023
4:00 PM, City Council Chambers
427 Rio Grande Place
Aspen, CO 81611
I.Work Session
I.A BOCC Goal Update
I.B Update on Ordinance 04, Chapter 12.05 - Organic Waste Diversion
I.C Discussion about Q3 meeting topic - Affordable Housing
I.D Roundtable Discussion
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AIS Joint Mtg COA BOCC 4.4.2023.pdf
Memo_BOCC Joint_Title 12 Organics Waste Diversion - Chapter 12.05.docx
Ordinance #4 - Title 12 Organic Waste Diversion - Chapter 12.05.docx
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AGENDA ITEM SUMMARY
WORK SESSION DATE: April 4, 2023
AGENDA ITEM TITLE: Joint Meeting City of Aspen
STAFF RESPONSIBLE: Jon Peacock, County Manager
ISSUE STATEMENT:
The board of county commissioners and Aspen City Council have joint meetings on a regular
basis throughout the year. This memo will outline topics to be discussed at the joint meeting on
April 4, 2023.
BACKGROUND:
This joint meeting will have three agenda items: Review of the priorities discussed in the 2023
board of commissioners retreat; overview of the City of Aspen’s Organics Waste Diversion
ordinance; roundtable among board members.
Every year the board of commissioners steps back from the day to day business of overseeing
county policy decisions and administration of county business to focus on strategic priorities and
goals in a multi-day retreat. This year the board met on February 2-3 at the Aspen Meadows to
discuss this year’s strategic priorities. County staff will provide a brief update on priorities
discussed during the retreat, including: Jail and criminal justice system planning; airport
redevelopment; childcare; climate action planning implementation; growth management; and
affordable housing. A presentation will be provided at the meeting.
The City of Aspen recently passed Ordinance 4 that will prohibit organics from trash being sent
to the landfill. City staff will present information on the new Organics Waste Diversion
ordinance, and the phased requirements in the coming years for all commercial businesses,
multifamily properties, and every individual in Aspen to separate organics from the trash.
The remaining time will be used for a roundtable discussion.
LINK TO STRATEGIC PLAN: Livable and Supportive Community: Improved community
engagement and participation.
KEY DISCUSSION ITEMS: This meeting is informational, and will provide an opportunity
for city council and board of commission members to ask questions about initiatives.
BUDGETARY IMPACT: None
RECOMMENDED BOCC ACTION: Informational
ATTACHMENTS: Presentation will be provided at the meeting.
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Ordinance No. 04, Series of 2023 –Chapter 12.05 Organic Waste Diversion
MEMORANDUM
TO: Aspen City Council, and Pitkin County Board of County
Commissioners
FROM: Ainsley Brosnan-Smith, Waste Diversion and Recycling Program
Administrator
THROUGH: Sara Ott, City Manager
MEETING DATE:April 4, 2023
RE:Summary of Ordinance No. 04, Series of 2023 –Chapter 12.05
Organic Waste Diversion
REQUEST OF CITY COUNCIL AND BOCC:
City Environmental Health and Sustainability staff were requested to provide a summary
of Ordinance No. 04, Series of 2023, Chapter 12.05 Organic Waste Diversion, passed by
Aspen City Council on February 28, 2023. At the Joint Work Session on April 4, 2023,
staff will provide a brief presentation on the ordinance and be prepared to answer
questions related to this policy.
BACKGROUND:
On August 10, 2021, City Council adopted Resolution #76,Series 2021, directing to the
City to: “take meaningful action and provide leadership in reducing the Aspen
community’s contribution to greenhouse gas emissions by the amount which is
scientifically proven to limit global temperature change.
This will be accomplished through:
a.Maximizing efficiency and minimizing carbon emissions in all of Aspen’s
emissions inventory sectors including: Waste Reduction and Diversion,
Transportation, and the Built Environment
b.Leading climate policy and legislative efforts at local, regional, national, and
global scales”
In January 2022, City Council adopted new science-based targets for GHG emissions
reductions of 63% by 2030 and net zero by 2050, and waste reduction targets to support
these emission reductions, including:
Reduce organic material going to landfill by 25% by 2025 and 100% by 2050,
Reduce all waste going to landfill by 70% by 2050.
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Ordinance No. 04, Series of 2023 – Organic Waste Diversion
Adopting these targets supports Council’s adopted greenhouse gas emissions goal,
Aspen’s participation in the ICLEI Race to Zero campaign, and Aspen’s Sustainable
Action Plan.
On September 6, 2022, staff presented council with an update on the state of organic
material in Aspen’s trash stream and suggested a policy that would mandate an
alternative and sustainable disposal of all organic waste. At this work session, City Council
unanimously supported staff return with a policy that prohibited the landfilling of organic
material.
At the second reading on February 28, 2023, Council passed Ordinance No. 04, Series of
2023, Chapter 12.05 Organic Waste Diversion that prohibits the disposal of organics
material from the landfill trash, through three phases over the coming five years.
Why Organics Diversion?
In 2022, the Pitkin County Solid Waste Center held a waste characterization study to
determine what types of materials are discarded as landfill trash at their facility. The
previous waste characterization study occurred in 2015. The 2022 study found a 7%
increase in landfilled organics since the last study, meaning the amount of divertible,
organics material thrown away as trash increased from approximately 35% in 2015 to
approximately 42% in 2022. The City encourages residents to compost through the
offerings of free countertop compost containers, a free public drop-off for food scraps,
and free waste diversion trainings for businesses. However, voluntary participation has
been unsuccessful in growing diversion participation.
Organic material is the single largest category of material disposed of as trash in the City
of Aspen. Without a policy to mandate the diversion of organic material from the trash,
the City will not reach the waste reduction goals for 2025 or 2050. A policy that prohibits
the disposal of organics as landfill trash is the most impactful action Aspen can take to
expand participation in organics diversion and reduce its municipal solid waste
generation.
DISCUSSION:
Chapter 12.05 mandates the return of organic resources back to the community and the
local environment, promoting a zero-waste culture and more circular economy. The
purpose of this code is to decrease Aspen’s contribution to climate change through a
reduction in the landfill disposal of recoverable resources, such as food. Consequently,
this prohibition may influence businesses to rethink inventory purchasing and decrease
the amount of food waste that occurs due to spoilage and over purchasing. Staff also
encourages businesses to develop networks with local food rescue organizations to
donate prepared meals for those in need.
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Ordinance No. 04, Series of 2023 – Organic Waste Diversion
Alongside saving space in the local landfill, keeping organics out of the trash recognizes
the energy, water, and transportation invested into growing our food and the methane
generated when these materials are landfilled.
What the Organic Waste Diversion Ordinance Does:
Chapter 12.05 prohibits the disposal of organic material as trash through three phases
over five years. Each phase of the ordinance will apply to a specific generator (e.g., retail
food establishments and commercial business) of waste until the final phase in 2028
when it applies to any occupant generating organic waste in City limits. The ordinance
does not mandate all organic material to be composted, rather it mandates the generator
to alternatively dispose of organic materials through a practice that recovers the
resources and returns them to the community or environment. An organic recovery
practice may include donation for human consumption, animal feed, composting, or any
other practice approved by the Environmental Health and Sustainability Department. Staff
predicts most generators to contract with an existing compost hauler since the service is
immediately available. If a generator chooses an alternative recovery practice, such as
donation for consumption, the methods for transporting and rehoming the organics will
need to be established by the generator.
The Key Elements the Organics Waste Diversion Ordinance:
Organic materials must be separated from materials thrown away as trash and
alternatively disposed of in a recoverable fashion.
Organics receptacles stored outdoors in the Commercial Core are required to be
certified wildlife-proof and approved by the Environmental Health and
Sustainability Department as compliant.
The Environmental Health and Sustainability Department is the lead department
educating the public and ensuring compliance with this code.
The ordinance will be phased-in over five years following adoption.
The Three Phases of the Organics Waste Diversion Ordinance:
1. Effective October 15, 2023: all businesses with a Retail Food License in the City
of Aspen, such as restaurants, shall separate organics from substances
designated for trash disposal.
2. Effective January 15, 2026: all commercial businesses and multifamily properties
shall separate organics from substances designated for trash disposal.
3. Effective January 15, 2028: everyone within the City limits generating organic
waste shall separate organics from substances designated for trash disposal.
Stakeholder feedback:
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Ordinance No. 04, Series of 2023 – Organic Waste Diversion
In winter of 2021/2022, staff approached all the retail food establishments in Aspen,
inquiring about their organic disposal practices and interest in composting organic
waste. Stakeholders expressed an overall interest in organic waste diversion for the
environmental benefits but identified wildlife safety concerns, space constraints for
additional compost receptacles, and inequitable cost burdens as the key barriers to
participation. Staff has evaluated each of these concerns and is prepared to overcome
these barriers through the mandated use of wildlife-proof containers, shared outdoor
receptacles and working with commercial businesses on a case-by-case basis to
overcome spatial challenges, and subsidizing start-up costs through the provision of
indoor receptacles and outdoor wildlife-proof containers.
After Council’s first reading approval of Chapter 12.05, on February 14, 2023, staff
approached the retail food sector again to inform businesses on Council’s action and
potential organics diversion requirements. The EHS department went door to door to
each restaurant, soliciting information on why the ordinance was presented, what it
would mean for their business, and how to comply with the regulations. Staff also
hosted a question-and-answer webinar discussing the ordinance and encouraged
participation from all restaurants. A recording of the webinar was shared with all
contacts in the retail food sector.
Supporting Compliance:
Staff will continue to offer free trainings on how to properly separate organics from the
trash and the importance of removing contamination. Staff will collect annual reports from
businesses on their recoverable disposal practice of choice, ask for proof in the form of a
contract or a service bill for the removal and disposal of the organic material, and make
frequent site visits to applicable establishments to check in on their organic waste
diversion strides or assistance needs.
NEXT STEPS:
Following the passage of Ordinance 04, staff is engaging with the restaurant community
to prepare retailers for the start date of October 15, 2023. Staff will continue to visit
restaurants and evaluate kitchen floorplans, ongoing disposal practices, and single-use
materials to suggest adjustments and best practices for separating organics from the
landfill trash. Over the coming seven months, staff will work with each restaurant on an
individual basis to conduct site visits and provide resources such as indoor and outdoor
organics collection containers for the separation of materials from the trash.
FINANCIAL IMPACTS:
The Environmental Health and Sustainability Department (EHS) is prepared to subsidize
the start-up costs for businesses that hire an organic hauling service for composting by
providing businesses with a wildlife-proof container at no charge. Businesses who hire a
hauling service for composting will incur a cost for collection dependent on the frequency
of collection, size of container, and number of accounts sharing the container. Predicted
material start-up costs for a composting collection service is an estimated $490 - $1,580
per wildlife-proof container. Costs were estimated upon evaluation of current market
prices for the steel, wildlife-proof, outdoor receptacles, and the estimated volume of
organic waste generated annually.
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Ordinance No. 04, Series of 2023 – Organic Waste Diversion
EHS is committed to the purchasing of wildlife proof receptacles, as required in this
Ordinance, for all applicable commercial businesses to reduce start-up costs. For fiscal
year 2023, EHS has budgeted $200,000 to subsidize the cost of the wildlife-proof
containers for commercial businesses in Aspen. In addition, EHS will purchase indoor
organic collection containers for commercial kitchens to use during meal preparation to
assist with organics separation from the trash.
In addition, the current cost for servicing a trash receptacle is more expensive than
servicing a compost receptacle of the same size. With the amount of divertible, organic
material in the trash being over 40%, hiring a compost hauling service, while decreasing
the trash hauling frequency, can present cost savings to the customer.
ENVIRONMENTAL IMPACTS:
When organic waste is buried in a landfill it becomes starved for oxygen, producing a
potent greenhouse gas, methane, adding to the City’s emissions footprint. Prohibiting
the landfilling of organic waste through the adoption of Chapter 12.05 supports the
City’s commitment of Race to Zero, GHG emissions reductions targets of 63% by 2030
and net zero by 2050, and 25% reduction in organic material landfilled by 2025 and
100% by 2050.
Recovering landfilled organic material creates opportunities to feed people, feed
livestock, or create compost, and reduce greenhouse gas emissions. With the readily
available composting operation in Pitkin County, organic material is processed into a
natural, nutrient rich soil amendment and when applied to the landscape improves local
soils, water retention, and carbon sequestration capabilities that harness and stores
carbon from the atmosphere into the soils.
Attachments:
Attachment A: Ordinance No. 04, Series of 2023 – Chapter 12.05 Organic Waste
Diversion
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ORDINANCE NO. 04
SERIES OF 2023
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ASPEN, COLORADO,
AMENDING TITLE 12 OF THE ASPEN MUNICIPAL CODE TO ADD A NEW
CHAPTER ENTITLED “12.05 ORGANIC WASTE DIVERSION” TO INCLUDE
PROVISIONS RESTRICTING THE DISPOSAL OF ORGANIC MATERIALS AS
TRASH.
WHEREAS, the City Council for the City of Aspen has a duty to protect the environment
and the health of its citizens and visitors; and
WHEREAS, as reported by the Environmental Protection Agency, in 2021, natural
resource extraction and processing account for approximately half of global greenhouse gas
emissions; and
WHEREAS, the City of Aspen recognizes climate change is driven by the accumulation of
greenhouse gas in our atmosphere as a result of human activity; and
WHEREAS, the City committed to the Race to Zero campaign, requiring the City to
publicly endorse the following principles:
Recognize the global climate emergency.
Commit to keeping global heating below the 1.5° Celsius goal of the Paris Agreement.
Commit to putting inclusive climate action at the center of all urban decision-making, to
create thriving and equitable communities for everyone.
Invite our partners – political leaders, CEOs, trade unions, investors, and civil society – to
join us in recognizing the global climate emergency and help us deliver on science-based
action to overcome it; and
WHEREAS, Aspen City Council passed Resolution #002 Series of 2022 that established
science-based targets for reducing community greenhouse gas (GHG) emissions 63% by 2030 and
100% by 2050, based upon 2017 levels; and
WHEREAS, the 2020 Community Greenhouse Gas Emissions Inventory estimated the
landfilling of materials accounted for 16% of Aspen’s total emissions in 2020; and
WHEREAS, in 2021, Aspen City Council recognized the harmful environmental impacts
of landfilling recoverable resources and set organic waste reduction goals of, a 25% reduction of
landfilled organic material by 2025, and a 100% reduction of landfilled organic material by 2050;
and
WHEREAS, the City’s municipal waste stream is comprised of 80% divertible resources
that could have been recycled, reused, or composted, and recirculated back into the economy for
reprocessing into new goods or materials; and
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WHEREAS, in 2021, a waste assessment at the Pitkin County Solid Waste Center found
42.65% of the municipal waste stream is organic materials that could have been composted or
sustainably managed; and
WHEREAS, when organic material is buried in a landfill it becomes starved for oxygen
and produces Methane, a harmful greenhouse gas more potent than Carbon Dioxide that collects
in the Earth’s atmosphere; and
WHEREAS, the ability to recover organic material is locally available at the Pitkin County
Solid Waste Center, where an industrial composting operation processes food scraps, and
compostable materials, into a soil amendment that returns organic nutrients back into the
landscape; and
WHEREAS, the City offers organic waste diversion trainings, a free compost drop-off
center for residents, free countertop compost backets, and private haulers provide to curbside
collection services for City businesses and homeowners; and
WHEREAS, currently, separating organic material from landfill trash for composting is
voluntary, and over the last 10 years voluntary participation has diverted 4%, per year of organic
material from the landfill while the percentage of compostable, organic material disposed of in the
landfill has increased to 42.65%; and
WHEREAS, continuing at the rate of voluntary participation will not meet the City’s
organic waste reduction or GHG reduction goals, and adds to the volume of waste buried in the
local landfill; and
WHEREAS, City Council recognizes organic material diversion is integral to reducing
Aspen’s landfilled waste, and supporting the longevity of the Pitkin County Solid Waste Center;
and
WHEREAS, to have a significant impact on waste reduction and GHG emission goals,
organic materials cannot be discarded as landfill trash but should be diverted for other purposes;
and
WHEREAS, City Council has determined that the health, safety, and general welfare of
the citizens, residents, and visitors of the City of Aspen will be served by this ordinance, which
will regulate the disposal of organics within the City; and
WHEREAS, it is desired by City Council, to amend Title 12, Solid Waste, of the Aspen
Municipal Code to add a new chapter, 12.05 Organics Waste Diversion, that prohibits the disposal
of organic material as landfill trash, requiring the disposal of organics to be in an environmentally
sustainable and recoverable manner.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ASPEN, COLORADO:
Section 1:
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Title 12 of the Municipal Code of the City of Aspen is hereby amended by the addition of a new
Chapter 12.05 which Chapter shall read as follows:
Chapter 12.05. ORGANIC WASTE DIVERSION
Sec. 12.05.010. Definitions.
Commercial business shall mean any business where a commercial, industrial, or institutional
enterprise is carried on including, without limitation businesses holding a Retail Food License,
restaurants, retail establishments, hotels, lodges, hospitals, schools, day care centers, offices,
nursing homes, clubs, churches, and public facilities.
Compost Collection Service shall mean a hauler that is in the business of collecting and
transporting organic material from another, for a fee, to a compost processing facility.
Food Waste means all edible materials which are intended for consumption by humans or
animals, including those materials which are no longer edible due to spoilage.
Hauler means any person in the business of collecting, transporting or disposing of solid waste
for another, for a fee, in the City.
Multifamily property means an individual building, or campus of buildings, that contains
multiple, separate residential living units. Units in these buildings may be occupied by the
following types of residents:
(a)Tenants;
(b)Cooperators; or
(c)Individual owners.
Organic materials collection container for the purposes of this chapter means, a designated
organics material receptacle assigned for disposal in accordance with a Recoverable
Management Practice.
Organic means carbon-based material that can biodegrade into stable, odorless materials such as
compost or mulch, and may include but is not limited to food waste, compostable paper and
certified compostable products, yard waste, clean wood and some sludges. At a minimum,
organics shall include those materials designated by the Environmental Health and Sustainability
Department.
Recoverable Management Practice means actions taken to prevent recoverable materials, such as
organics, from end-of-life disposal through a trash diversion practice including composting,
reuse, reclaiming, mulching, or other actions approved by the Environmental Health and
Sustainability Department.
Responsible Party is the individual or entity that controls, manages, or directs the business or
dwelling. For the purpose of a multifamily property where living units are individually owned,
the responsible party is the property manages or housing authority which controls, managers, or
directs the campus.
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Trash for the purposes of this chapter means substances designated for end-of-life disposal in a
landfill, or other end-of-life disposal practice which the substances can never be recovered.
Sec. 12.05.020. Organics Diversion Requirements.
Effective after passage, the following requirements shall apply:
a) Effective September 1, 2023 commercial businesses holding a Retail Food License shall
separate organics, as defined in Sec. 12.05.010, from substances designated for trash
disposal. All organic materials must be collected and disposed of through a recoverable
management practice such as, but not limited to, donation, animal feed, composting, or
any other recoverable management practice approved by the Department of
Environmental Health and Sustainability. No organic materials shall be disposed of as
trash. The responsible party for the commercial business shall ensure all employees have
access to an organic materials collection container for the purposes of disposal separate
from trash.
b) Effective January 1, 2026, all commercial businesses, and multifamily properties shall
separate organics, as defined in Sec. 12.05.010., from substances designated for trash
disposal. All organic materials must be collected and disposed of through a recoverable
management practice such as, but not limited to, donation, animal feed, composting, or
any other recoverable management practice approved by the Department of
Environmental Health and Sustainability. No organic materials shall be disposed of as
trash. The responsible party for the premises shall ensure all employees and occupants
have access to an organic materials collection container for the purposes of disposal
separate from trash.
c) Effective January 1, 2028, every owner or occupant of a premises within the City,
including all premises located in a Residential Zone District as defined in this Code,
generating organic waste shall separate organic materials, as defined in Sec. 12.05.010,
from substances designated for trash disposal. All organic materials must be collected
and disposed through a recoverable management practice such as, but not limited to,
donation, animal feed, composting, or any other recoverable management practice
approved by the Department of Environmental Health and Sustainability. No organic
material shall be disposed of as trash. The responsible party for the premises shall ensure
all employees and occupants have access to an organic materials collection container for
the purposes of disposal separate from trash.
Sec. 12.05.030. Container Requirements.
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All commercial businesses, and every owner or occupant of a premises within the City must
comply with the provisions of Chapter 12.08 Wildlife Protection and adhere to the following
stringent requirements when storing organic materials outside for a compost collection service:
a) Commercial businesses in the Commercial Core as defined in this Code are required to
use certified wildlife-proof receptacle as designated by the City of Aspens when storing
organic waste outside, including in the public right-of-way.
b) All receptacles used for the purpose of organics collection must be labeled with the name
of the business, establishment, or person utilizing the container. Labeling a receptacle
with only an address does not meet the standards of this section.
Sec. 12.05.040. Enforcement.
a) As requested by the Department of Environmental Health and Sustainability, commercial
businesses must provide proof of organic separation and the means in which the organic
material is designated for a recoverable management practice. Proof may be provided in
the form of collection bill or contract with a compost collection service or by proof of
another recovery practice of choice.
b) Enforcement officers, or City designated officials, may inspect the contents of solid waste
containers placed on City property, such as City Right of Ways, for compliance.
Sec. 12.05.050. Exemption for Public Trash Containers.
a) It shall not be considered a violation of this chapter if organics are placed in a trash
container made available by a commercial business for use by the public, commercial
customer, and pedestrians.
Sec. 12.05.060. Violations and Penalty.
a) Violation of the provisions of this Chapter by any person, firm, business, or corporation,
hauler, or owner or occupant shall be unlawful and subject to the penalty provisions in
section 1.04.080 of this Code. Each violation shall constitute a separate offense.
Sec. 12.05.070. Education.
a) The City of Aspen Environmental Health Department shall provide training materials, and
signage to commercial businesses. The responsible party for each commercial business
shall provide training to employees at a frequency and with those means, tools, signage,
and multi-lingual materials needed to effectively communicate the requirements for
complying with this Code and regulations promulgated hereunder within a thirty (30) days
from an employee’s date of hire, and at least annually thereafter.
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Section 2:
Any scrivener’s errors contained in the code amendments herein, including but not limited to
mislabeled subsections or titles, may be corrected administratively following adoption of the
Ordinance.
Section 3:
This ordinance shall not affect any existing litigation and shall not operate as an abatement of any
action or proceeding now pending under or by virtue of the resolutions or ordinances repealed or
amended as herein provided, and the same shall be conducted and concluded under such prior
resolutions or ordinances.
Section 4:
If any section, subsection, sentence, clause, phrase, or portion of this resolution is for any reason held
invalid or unconstitutional in a court of competent jurisdiction, such portion shall be deemed a
separate, distinct and independent provision and shall not affect the validity of the remaining portions
thereof.
Section 5:
A public hearing on this ordinance was held on the ___ day of ____ 2023, at a meeting of the Aspen
City Council commencing at 5:00 p.m. in the City Council Chambers, Aspen City Hall, Aspen,
Colorado, a minimum of fifteen days prior to which hearing a public notice of the same shall be
published in a newspaper of general circulation within the City of Aspen.
INTRODUCED AND READ,as provided by law, by the City Council of the City of Aspen on the
14th day of February 2023.
ATTEST:
____________________________ ____________________________
Nicole Henning, City Clerk Torre, Mayor
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FINALLY,adopted, passed and approved this ____ day of _____ 2023.
ATTEST:
_____________________________ ____________________________
Nicole Henning, City Clerk Torre, Mayor
APPROVED AS TO FORM:
_____________________________
James R. True, City Attorney
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