HomeMy WebLinkAbout3474Ordinance No. 3474
(Amending or Repealing Ordinances)
CFN=171 — Traffic Control
Passed 9/21/1999
Commute Trip Reduction — Repealing Ch. 6.12 and Enacting new Ch. 6.12
Repeals Ord. 3086
Amended by Ord. 3917
ORDINANCE NO. 3 1/ TV
AN ORDINANCE of the City Council of the City of
Kent, Washington, repealing the City's Commute Trip
Reduction Code, Chapter 6.12 of the Kent City Code, in its
entirety and enacting a new Chapter 6.12 entitled Commute
Trip Reduction Code to bring the City's code into
conformity with recent changes to state law.
WHEREAS, the sections of Chapter 6.12 of the Kent City Code as currently
enacted have been superceded by changes made to the state Commute Trip Reduction
("CTR") law, RCW 70.94.521-551; and
WHEREAS, the City of Kent recognizes the importance of increasing
individual citizen's awareness of air quality, energy consumption, and traffic congestion,
and the contribution individual actions can make toward addressing these issues; and
WHEREAS, traffic congestion in the City of Kent imposes significant
costs on City business, government and individuals, including lost working hours and
delays in the delivery of goods and services, and may adversely affect the City's
desirability as a place to live, work, visit and do business; and
WHEREAS, motor vehicle emissions pollute the air, and air pollution
causes significant harm to public health and degrades the quality of the environment; and
Commute Trip Reduction
WHEREAS, reducing the number of vehicles using City streets may
postpone or eliminate the need and cost of increasing the capacity of existing roadways;
and
WHEREAS, employers have significant opportunities to encourage and
facilitate the reduction of single occupant vehicle commuting by their employees; and
WHEREAS, State policy, as set forth in RCW 70.94.521-551 and the CTR
Task Force Guidelines, requires the City of Kent to develop and implement a plan to
reduce single -occupant vehicle commute trips; and
WHEREAS, the plan should require affected employers to implement
programs to reduce the number of vehicle miles traveled per employee and the number of
single occupant vehicles used for commuting purposes by their employees; and
WHEREAS, a transportation demand management element, such as a CTR
plan, is required as part of the Washington State Growth Management Act (RCW
36.70A.070(6e); NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON,
DOES HEREBY ORDAIN AS FOLLOWS:
SECTION 1. Chapter 6.12 of the Kent City Code entitled "Commute Trip
Reduction" is hereby repealed in its entirety.
2 Commute Trip Reduction
SECTION 2. A new Chapter 6.12, entitled "Commute Trip Reduction"
is hereby added to the Kent City Code as follows:
CHAPTER 6.12. COMMUTE TRIP REDUCTION
Sec. 6.12.010. Short title. This Ordinance shall be known as the Commute
Trip Reduction (CTR) Ordinance, and may be cited as such.
Sec. 6.12.020. Definitions. The following definitions shall apply in the
interpretation and enforcement of this ordinance:
A. Affected employee means a full-time employee who is scheduled to begin his or her
regular work day at a single worksite between 6:00 a.m. and 9:00 a.m.-(inclusive) on two
or more weekdays for at least twelve continuous months.
B. Affected employer means an employer that employs, at a single worksite, one
hundred (100) or more full-time employees who are scheduled to begin their regular work
day between 6:00 a.m. and 9:00 a.m. (inclusive) on two or more weekdays for at least
twelve continuous months. The individual employees may vary during the year.
Construction worksites, when the expected duration of the construction is less than two
years, are excluded from this definition.
C. Alternative mode means any type of commute transportation other than that in
which the single -occupant motor vehicle is the dominant mode, including telecommuting
and compressed work weeks if they result in reducing commute trips.
D. Alternative work schedules means programs such as compressed work weeks, flex
time, or working on Saturday and/or Sunday, that eliminate peak period work trips for
affected employees.
E. Base year means the period on which goals for vehicle miles traveled (VMT) per
employee and proportion of single -occupant vehicle (SOV) trips shall be based.
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F. City means the City of Kent.
G. Commute trips means trips made from a worker's home to a worksite with a
regularly scheduled arrival time of 6:00 a.m. to 9:00 a.m. (inclusive) on any weekday.
H. CTR plan means the City of Kent's plan as set forth in this ordinance to regulate
and administer the CTR programs of affected employers within its jurisdiction.
I. CTR program means an employer's strategies to reduce affected employees' SOV
use and VMT per employee.
J. CTR zone means an area, such as a census tract or combination of census tracts,
within the City characterized by similar employment density, level of transit service,
parking availability, access to high occupancy vehicle facilities, and other factors that are
determined to affect the level of SOV commuting.
K. Compressed work week means an alternative work schedule, in accordance with
employer policy, that regularly allows a full-time employee to eliminate at least one work
day every two weeks by working longer hours during the remaining days, resulting in
fewer commute trips by the employee. This definition is primarily intended to include
weekly and bi-weekly arrangements, the most typical being four 10 -hour days or 80 hours
in nine days, but may also include other arrangements. Compressed work weeks must be
an ongoing arrangement.
L. Dominant mode means the mode of travel used for the greatest distance of a
commute trip.
M. Employee means anyone who receives financial or other remuneration in exchange
for work provided to an employer, including owners or partners of the employer.
N. Employer means a sole proprietorship, partnership, corporation, unincorporated
association, cooperative, joint venture, agency, department, district, or other individual or
entity, whether public, non-profit, or private, that employs workers.
O. Exemption means a waiver from any or all CTR program requirements granted to
an employer by the City based on unique conditions that apply to the employer or
employment site.
P. Flex time means an employer policy allowing individual employees some
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flexibility in choosing the time, but not the number, of their working hours to facilitate the
use of alternative modes.
Q. Full-time employee means a person, other than an independent contractor,
scheduled to be employed on a continuous basis for 52 weeks for an average of at least 35
hours per week.
R. Good faith effort means that an employer has met the minimum requirements
identified in RCW 70.94.531, as now enacted or subsequently amended, and this
ordinance, and is also working collaboratively with the City to continue its existing CTR
program or is developing and implementing program modifications likely to result in
improvements to its CTR program over an agreed-upon length of time.
S. Implementation means active pursuit by an employer of the CTR goals of RCW
70.94.521-551, as now enacted or subsequently amended, and this ordinance as evidenced
by appointment of a transportation coordinator, distribution of information to employees
regarding alternatives to SOV commuting, or commencement of other measures according
to its approved CTR program and schedule.
T. Mode means the type of transportation used by employees, such as single -occupant
motor vehicle, rideshare vehicle (carpool, vanpool), transit, bicycle, walking, compressed
work week schedule and telecommuting.
U. Peak period means the hours from 6:00 a.m. to 9:00 a.m. (inclusive), Monday
through Friday, except legal holidays.
V. Peak period trip means any employee trip that delivers the employee to begin his
or her regular workday between 6:00 a.m. and 9:00 a.m. (inclusive), Monday through
Friday, except legal holidays.
W. Proportion of single -occupant vehicle trip or SOV Rate means the number of
commute trips over a set period made by affected employees in SOVs divided by the
number of potential trips taken by affected employees working during that period.
X. Single -occupant vehicle (SOV) means a motor vehicle occupied by one (1)
employee for commute purposes, including a motorcycle.
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Y. Single -occupant vehicle (SOV) Trips means commute trips made by affected
employees in SOVs.
Z. Single worksite means a building or group of buildings on physically contiguous
parcels of land or on parcels separated solely by private or public roadways or rights-of-
way occupied by one or more affected employers.
AA. Telecommuting means the use of telephones, computers, or other similar
technology to permit an employee to work from home, eliminating a commute trip, or to
work from a work place closer to home, reducing the distance traveled in a commute trip
by at least half.
BB. Transportation demand management (TDM) means a broad range of strategies that
are primarily intended to reduce and reshape demand on the transportation system.
CC. Transportation management organization (TWO) means a group of employers or
an association representing a group of employers in a defined geographic area. A TMO
may represent employers within specific city limits or may have a sphere of influence that
extends beyond city limits.
DD. Vehicle miles traveled (VMT) Per Employee means the sum of the individual
vehicle commute trip lengths in miles made by affected employees over a set period
divided by the number of affected employees during that period.
EE. Week means a seven-day calendar period starting on Monday and continuing
through Sunday.
FF. Weekday means any day of the week except Saturday or Sunday.
Sec. 6.12.030. Responsible agent.
A. The Director of Public Works, or his/her designate, shall have general charge of,
and supervision over, the administration and enforcement of this ordinance.
B. The Director of Public Works shall establish Administrative Regulations consistent
with this ordinance for the purpose of enforcing and carrying out its provisions.
6 Commute Trip Reduction
Sec. 6.12.040 Designation of CTR zone and base year values. All employers
within the City's boundaries, including the City's potential annexation area boundaries,
are located in the Commute Trip Reduction Zone known as the "South King County
Zone". The 1992 base year value for the South King County Zone's proportion of single -
occupant -vehicle SOV trips shall be 85 percent. The 1992 base year value for the South
King County Zone's vehicle miles traveled per employee shall be set at 9.3 miles.
Commute trip reduction goals for affected employers shall be calculated from these 1992
South King County Zone values or from values determined through a baseline survey of
each worksite at the time the worksite first becomes CTR affected. Therefore, affected
employers shall establish a program designed to result in the base year values for each
CTR -affected worksite to be reduced by the amounts and dates specified in the Commute
Trip Reduction Goals listed in Sec. 6.12.050 of this ordinance.
Sec. 6.12.050. Commute trip reduction goals. Affected employers shall achieve
the following reductions in vehicle miles traveled per employee as well as in the
proportion of single -occupant -vehicle trips as determined by the 1992 base year values for
South King County CTR Zone, if the employer met the "affected employer" definition in
1992, or through the employer's initial baseline survey conducted at the worksite.
A 15 percent reduction after two years.
B. 20 percent reduction after four years.
C. 25 percent reduction after six years.
D. 35 percent reduction after twelve years.
Sec. 6.12.060 Applicability. The provisions of this ordinance shall apply to any
affected employer at any single worksite within the corporate limits of the City of Kent.
Employees will only be counted at their primary worksite. The following classifications
of employees are excluded from the counts of employees:
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1. Seasonal agricultural employees, including seasonal employees of
processors of agricultural products; and
2. Employees of construction worksites when the expected duration of the
construction is less than two years.
A. Notification of applicability.
1. The City will use its best efforts to provide written notification to known
affected employers located within the City that they are subject to this ordinance within
30 days after passage of this CTR Ordinance. Such notice shall be addressed to the
company's chief executive officer, senior official, or CTR manager at the worksite.
2. If affected employers do not receive notice within 30 days of passage of the
ordinance, the City may grant an extension of up to 180 days within which to develop and
submit a CTR program.
3. If an affected employer has not been identified or does not identify itself
within 180 days of the effective date of this ordinance or if the affected employer does not
submit a CTR program within 180 days from the effective date of this ordinance, that
employer is in violation of this ordinance.
4. Any existing employer of 75 or more employees who obtains a business
license in the City shall be required to complete an Employer Assessment Form, provided
to the employer by the City, to determine whether or not that employer will be deemed
affected, or non -affected, in accordance with the provisions of this ordinance.
B. New affected employers.
1. Notice to City. Employers that meet the definition of "affected employer"
in this ordinance must identify themselves to the City within 180 days of either moving
into the boundaries of the City of Kent or growing in employment at a worksite to one
hundred (100) or more affected employees. These employers shall be given 180 days to
develop and submit a CTR program.
2. Violation. Employers that do not identify themselves within 180 days shall
be deemed in violation of this ordinance.
8 Commute Trip Reduction
3. Reduction Goals. Newly affected employers shall have two years to meet
the first CTR goal of a 15 percent (15%) reduction in proportion of single occupant vehicle
(SOV) trips or vehicle miles traveled (VMT) per person; four years to meet the second
goal of a 20 percent (20%) reduction; six years to meet the third goal of a 25 percent
(25%) reduction, and twelve years to meet the fourth goal of a 35 percent (35%) reduction,
from the time they submit an approved CTR program.
C. Change in status of an affected employer.
1. If an employer initially designated as an affected employer no longer
employs one hundred (100) or more affected employees and expects not to employ one
hundred (100) or more affected employees for the next twelve (12) months, that employer
is no longer an affected employer.
2. If the same employer returns to the level of one hundred (100) or more
affected employees within the same twelve (12) months, that employer will be considered
an affected employer for the entire 12 months and will be subject to the same program
requirements as other affected employers.
3. If the same employer returns to the level of one hundred (100) or more
affected employees twelve (12) or more months after its change in status to a non -affected
employer, that employer shall be treated as a new affected employer and will be subject
to the same program requirements as other new affected employers.
It is the responsibility of the employer to notify the City of changes in its status as
an affected employer.
Sec. 6.12.070. Affected employer's requirements and reporting. An affected
employer is required to make a good faith effort to develop and implement a CTR program
that will encourage its employees to reduce VMT per employee and SOV commute trips.
The affected employer shall submit a description of its program to the City and shall
provide an annual progress report to the City on employee commuting and progress toward
meeting its SOV goals. The CTR program must include the following mandatory
elements described below:
9 Commute Trip Reduction
A. Mandatory program elements. CTR programs submitted by affected employers
shall, at a minimum, include the following mandatory elements:
1. Transportation coordinator. The affected employer shall designate a
transportation coordinator to administer the CTR program. The coordinator's name,
location, and work telephone number must be prominently displayed at each affected
worksite. The coordinator shall oversee all elements of the employer's CTR program and
act as liaison between the employer and the City. An affected employer with multiple sites
may have one transportation coordinator for all sites.
2. Information distribution. Information about alternatives to SOV
commuting shall be provided to employees at least once a year. This shall include, but not
be limited to, a summary of the employer's program and the name and phone number of
the transportation coordinator. Affected employers must also provide a summary of their
program to all new employees at the time of hire. Each employer's program description
and annual report must report the information to be distributed and the method of
distribution.
3. Annual progress report. The CTR program must include an annual review
of employee commuting and progress in the form of an "annual progress report." This
report must demonstrate good faith efforts toward meeting the SOV and VMT reduction
goals. Affected employers shall file an annual progress report with the City in accordance
with the format established by this ordinance and consistent with the CTR Task Force
Guidelines. The report shall describe each of the CTR measures that were in effect for the
previous year, the results of any commuter surveys undertaken during the year, and the
number of employees participating in CTR programs. Survey information or approved
alternative information must be provided in the reports submitted in the second, fourth,
sixth, eighth, tenth, and twelfth years after implementation begins. The employer should
contact the City for the format of the report.
4. Additional program elements. In addition to the program elements
described above, affected employer's CTR programs shall include a set of additional
measures designed to meet CTR goals. These additional measures must receive prior
10 Commute Trip Reduction
written approval from the City. A list of suggested additional elements are described in
RCW 70.94.531 and are available from the City.
Sec. 6.12.080. Record keeping. Affected employers shall maintain all records
of their CTR program for a period of at least four (4) years or until authorized by the City
to dispose of such records. All records shall be made available to the City upon reasonable
request for the purposes of reviewing program progress and/or compiling summary reports
and analysis.
Sec. 6.12.090. Schedule and process for CTR program submittal, review and
implementation.
A. CTR program submittal. Affected employers shall develop a CTR program and
submit a description of that program to the City of Kent for approval within 180 days from
the date the employer qualifies as an affected employer.
B. CTR annual progress reports. Upon review of an affected employer's initial CTR
program, the City shall establish that employer's annual reporting date, which shall not be
less than 12 months from the day the program is submitted. Each year on that employer's
annual reporting date, the employer shall submit its annual CTR report to the City.
C. CTR program review. The City shall provide the employer with written
notification if the City determines that a CTR program is unacceptable. The notification
must give cause for any rejection. If the employer receives no written notification of
extension of the review period of its CTR program, or receives no comment on the CTR
program or annual report within 90 days of the employer's submission, the affected
employer's program or annual report is deemed accepted. The City of Kent may extend
review periods up to an additional 90 days. The implementation date for the employer's
CTR program will be extended an equivalent number of days.
Sec. 6.12.100 Modifications of CTR requirements. Any affected employer may
submit a request to the City for modification of its CTR program elements, other than the
11 Commute Trip Reduction
mandatory elements, including record keeping requirements. The City may, at its option,
grant this modification request if one of the following conditions exists:
A.1 Exemptions. Affected employers may request an exemption from any or all CTR
program elements at a particular worksite. The Public Works Director may grant an
exemption if the affected employer can demonstrate it faces an extraordinary circumstance
and is unable to implement measures that could reduce the portion of SOV trips and VMT
per employee. The City shall annually review all employer exemptions, and shall
determine whether the exemptions will continue to be in effect during the following
program year.
A.2 Employee Exemptions. The City may exempt specific employees or groups of
employees who are required to drive alone to work as a condition of employment from a
worksite's CTR program. The City may also grant exemptions for employees who work
variable shifts throughout the year and who do not rotate as a group to identical shifts. The
City of will use the criteria identified in the CTR Task Force Guidelines to assess the
validity of employee exemption requests. The City of Kent shall review annually all
employee exemption requests and shall determine whether the exemption will be in effect
during the following program year.
B. Goal modification. An affected employer may request a modification of its CTR
program goals. These requests shall be filed in writing at least 60 days prior to the date
the worksite is required to submit its program description or annual report. The
modification request must clearly explain why the affected employer is unable to achieve
the applicable goal. The affected employer should also demonstrate that it has
implemented all of the elements contained in its approved CTR program. The City will
review, grant, or deny requests for goal modifications in accordance with procedures and
criteria identified in the CTR Task Force Guidelines. An affected employer may not
request a modification of the applicable goals until one year after the City approves its
initial program description or annual report.
C. Program Modification. The following criteria for achieving goals for VMT per
employee and proportion of SOV trips shall be applied to determine requirements for CTR
12 Commute Trip Reduction
program modifications:
1. If an affected employer meets either or both goals, the employer has
satisfied the objectives of the CTR plan and will not be required to modify its CTR
program.
2. If an employer makes a good faith effort, but has not met or is not likely to
meet the applicable SOV or VMT goal, the City shall work collaboratively with the
employer to make modifications to its CTR program. After agreeing on modifications, the
employer shall submit a revised CTR program description to the City for approval within
30 days of reaching agreement.
3. If an employer fails to make a good faith and fails to meet the applicable
SOV or VMT reduction goal, the City shall work collaboratively with the employer to
identify modifications to the CTR program and shall direct the employer to revise its
program within 30 days to incorporate the modifications. In response to the recommended
modifications, the employer shall submit a revised CTR program description, including
the requested modifications or equivalent measures, within 30 days of receiving written
notice to revise its program. The City shall review the revisions and notify the employer
of acceptance or rejection of the modified program. If a modified program is not accepted,
the City will notify the employer within 30 days and, if necessary, require the employer
to meet with City program review staff for the purpose of reaching a consensus on the
required program. A final decision on the required program will be issued in writing by
the City within 14 calendar days after the conference.
D. Modification of CTR program elements. Any affected employer may request
modification of an approved CTR program element. Requests may be granted under the
following conditions:
1. The affected employer demonstrates that it is unable to implement one or
more program element(s) for reasons beyond its control;
2. The affected employer demonstrates that implementation of a program
element would cause undue hardship; or
3. The affected employer demonstrates that a substitute element would be as
13 Commute Trip Reduction
effective or more effective than the previously approved program element.
E. Extensions. An affected employer may request additional time to submit a CTR
program or CTR annual progress report, or to implement or modify a program. The
employer must submit its request in writing before the due date of the program,
modification or annual report. Extensions not to exceed 90 days shall be considered for
reasonable causes. Employers will be limited to a total of 90 extension days per year.
Extensions shall not exempt an employer from any responsibility to meet program goals.
Extensions granted due to delays or difficulties with any program element(s) shall not be
cause for discontinuing or failing to implement other program elements. However, an
employer's annual reporting date shall not be adjusted permanently as a result of these
extensions. An employer's annual reporting date may be extended at the discretion of the
City.
Sec. 6.12.110. Credits.
A. Credit for programs implemented prior to the base year. Affected employers with
successful Transportation Demand Management (TDM) programs in effect prior to the
employer's worksite base year may be eligible to apply for program exemption credit,
which may exempt them from most program requirements. Affected employers wishing
to receive credit for existing TDM efforts may do so by applying to the City's Public
Works Director. Application for credit should include data from a survey of employees
or equivalent to establish the applicant's VMT per employee and proportion of SOV trips.
The survey or equivalent data shall conform to all applicable standards established by the
CTR Task Force Guidelines. The employer shall be considered to have met the first
measurement goals if their VMT per employee and proportion of SOV trips are equivalent
to a 12 percent (12%) or greater reduction from the final base year South King County
CTR Zone values. This three percentage point credit (12%, rather than 15% goal) applies
only to the first measurement goals.
B. Credit for alternate work schedules, telecommuting, bicycling and walking by
affected employees. In the calculation of SOV rate and VMT per employee, commute trips
14 Commute Trip Reduction
eliminated through alternative work schedules, telecommuting, bicycling and walking will
count as 1.2 vehicle trips eliminated.
Sec. 6.12.120. Enforcement.
A. Compliance. Compliance means submitting required reports and documentation
at prescribed times and fully implementing in good faith all provisions in an accepted CTR
program or otherwise meeting or exceeding VMT and SOV goals of this ordinance.
B. Civil violations. The following shall constitute a civil violation of this ordinance:
1. Failure to submit a complete CTR program within the specified deadlines.
2. Failure to implement an approved CTR program.
3. Failure to submit an annual CTR report.
4. Failure to make a good faith effort.
5. Submission of fraudulent data.
6. Failure to revise or modify a CTR program found to be unacceptable by the
City.
C. Penalties.
1. No affected employer with an approved CTR program which has made a
good faith effort may be held liable for failure to reach the applicable SOV or VMT goal.
2. The penalty for violations in (B) above shall be assessed by the Public
Works Director in an amount not to exceed $250 per day and shall be considered a Class
1 civil infraction pursuant to RCW 7.80.120.
3. Affected employers shall not be liable for monetary penalties if failure to
implement an element of a CTR program was the result of an inability to reach agreement
with a certified collective bargaining unit under applicable laws, if the issue was raised by
the employer and pursued in good faith. Unionized employers shall be presumed to act
in good faith compliance if they:
a. Propose to a recognized union any provision of the employer's CTR
program that is subject to bargaining as defined by the National Labor Relations Act; and
b. Advise the union of the existence of the statute and the mandates
15 Commute Trip Reduction
of the CTR program approved by the City of Kent and advise the union that the proposal
being made is necessary for compliance with state law.
D. Collection. All penalties due and unpaid under this ordinance may be collected by
civil action, which remedy shall be in addition to any and all other existing remedies and
penalties.
Sec. 6.12.130. Appeal of administrative decisions.
A. Affected employers shall be notified in writing of the City's decision regarding
unacceptable programs, exemptions, modification of goals, modification of CTR program
elements, and violations.
B. Employers shall have 30 days following notification by the City to file an appeal
of these decisions with the Kent Hearing Examiner.
C. Hearings before the Hearing Examiner shall be held according to the procedures
set forth in Chapter 2.32 of the Kent City Code. The Hearing Examiner's decision shall
represent final action by the City, unless an appeal is made to the Superior Court of King
County within ten (10) working days after issuance of such decisions.
SECTION 3. - Severability. If any one or more sections, subsections, or
sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall
not affect the validity of the remaining portion of this Ordinance and the same shall remain
in full force and effect.
SECTION 4. - Savings. The existing Chapter 6.12 of the Kent City Code,
which is repealed and replaced by this ordinance, shall remain in full force and effect until
the effective date of this ordinance.
16 Commute Trip Reduction
SECTION S: - Effective Date. This ordinance shall take effect and be in
force thirty (30) days from and after its passage, approval and publication as provided by
law.
Hb -WH=, MAYOR P��-c) -77:� ✓h
ATTEST:
BRENDA JACOB , CITY CLERK
APPROVED AS TO FORM:
ER A. LUBOVICIT CITY ATTORNEY
PASSED: day of '1999.
APPROVED: day of .�'��-, �'�� 1999.
PUBLISHED: �2 day of - - , 1999.
I hereby certify that this is a true copy of Ordinance No. 3 V 7 , passed
by the City Council of the City of Kent, Washington, and approved by the Mayor of the
City of Kent as hereon indicated.
P:1Civi[\Ordinance\CotturuteTripReductim.doc
9,t-ze� (SEAL)
BRENDA JA60 L, CITY CLERK
17 Commute Trip Reduction