Min - City Council - 1996 - 01/18 - RegularALLEN CITY COUNCIL
REGULAR MEETING
JANUARY 18, 1996
Joe Farmer, Mayor
Kevin Lilly, Mayor Pro Tem
David Kerr
Doug Gallagher
Mike Nichols
Steve Terrell
David Bishop
C;tv Staff
Jon McCarty, City Manager
Judy Morrison, City Secretary
1 19 0 ::Vl 1WAT91tM*1I1J1IWJ DINJ LINCK-1;u
With a quorum of the Councihnembers present, dinner and the workshop session of the Allen City Council
was called to order by Mayor Pro Tem Lilly at 6:40 p.m on Thursday, January 18, 1996, in the Lunch Room of
the Allen Municipal Annex, One Butler Circle, Allen, Texas.
(Agenda Item II)
A question was raised regarding Council guidelines for the Board of Adjustment assignment to review the
Fire Code ordinance dealing with sprinkler issues Staff has developed guidelines for Council review in this effort.
A quarterly stains report for the Capital Improvement Program was distributed and reviewed by Council.
An agenda for the AISD/Joint Council meeting is available for Council review The tax office contract
may not be ready in time for that meeting.
The Mayor Pro Tem had received a communication from TXDOT Environmental Assessment Agency
indicating they were ready to release the document for Exchange Parkway noting that historical significance would
be placed on the older dam. However, the newer dam could be removed.
ALLEN CITY COUNCIL
WORKSHOP SESSION
JANUARY 18, 1996
Discussion of Consent Agenda
and Regular Agenda Items
PAGE 2
(Agenda Item III)
Mayor Pro Tem Lilly began the review of the Consent Agenda items. Discussion was held regarding
Consent Agenda Item IV, Item B, Set Public Hearing Dates of January 31, 1996, and February 1, 1996, for
Unilateral Annexation of 1153 849 Acres to the Southwest Quadrant of the City of Allen's Extra Territorial
Jurisdiction (ETJ). Council will anticipate a quorum for the public hearing date on January 31 for the unilateral
annexation southwest quadrant of Allen's ETL
Discussion was held regarding Consent Agenda Item IV, Item H, Approve Bid and Authorize Execution
of a Contract for Interior Recoating of the Stacy Road Water Storage Tank. Council was informed that a
professional will be hired to oversee the actual interior recoating of the Stacy Road Water Storage Tank
Discussion was held regarding Consent Agenda Item IV, Item I, Approve a Resolution Establishing a
Procedure for Adoption of Zoning Cases This new procedure for zoning cases will allow for the City of Allen
to receive updated documentation prior to actual adoption of the ordinances effecting the changes The ordinance
will be placed on the Consent Agenda at a future meeting.
Discussion was held regarding Agenda Item VII, Public Hearing on a Request by Tipton Engineering to
Zone a 106 -Acre Tract of Land to Planned Development with Single Family Uses Located North of Hedgcoxe
Road and East of Custer Road and Consider an Ordinance Effecting this Change. Discussion was held regarding
the new procedure for the zoning cases with regard to this ordinance. It was suggested that the ordinance be
delayed until the following meeting if there are any changes to be made on the ordinance. Council will deal only
with the zoning request and not the ordinance at this time.
Discussion was held regarding Agenda Item VIII, Consider Amendment(s) of the Park Section of the
Comprehensive Plan to be Eligible for Priority Points Related to the Texas Parks and Wildlife Grant Application
Process. The amendments to the Comprehensive Plan are necessary in order for the City of Allen to receive the
maximum number of points allowed for certain grant applications.
Discussion was held regarding Agenda Item IX, Items Related to Park Grant Application. Sheila Condon
with Clark Condon Associates reviewed the project schedule for Allen Station Park. Also discussed were the items
to be included for the grant application including land acquisition, youth baseball fields, youth softball fields, multi-
use trail and playground.
Discussion was held regarding Agenda Item X, Consider Setting a Date for Public Hearing on the
Annexation of Certain Properties East of FM 2551 Council will consider setting a date for the public bearings
on the east side annexation request from property owners.
With no further discussion on the agenda, the workshop session of the Allen City Council was recessed
at 7:38 p.m. on Thursday, January 18, 1996
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ALLEN CITY COUNCIL
REGULAR SESSION
JANUARY 18, 1996 PAGE 3
REGULAR SESSION - 7:30 P.M.
With a quorum of the Councilmembers present, the regular session of the Allen City Council was
reconvened by Mayor Farmer at 7:52 p.m. on Thursday, January 18, 1996 in the Council Chambers of the Allen
Municipal Annex, One Butler Circle, Allen, Texas.
CONSENT AGENDA (Agenda Item IV)
MOTION: Upon a motion made by Mayor Pro Tem Lilly and a second by Councilmember Nichols, the
Council voted six (6) for and none (0) opposed to approve and adopt all items on the Consent
Agenda as recommended and as follows:
A. Approve Minutes of the January 4, 1996, Regular Meeting.
B. Set Public Hearing Dates of January 31, 1996, and February 1, 1996, for Unilateral
Annexation of 1153.849 Acres in the Southwest Quadrant of the City of Allen's Extra
Territorial Jurisdiction (ETJ).
C. Approve an Ordinance Annexing a 106 114± Acre Tract of Land Located Immediately
North of Hedgcoxe Road and East of Custer Road as Requested by Opubco Properties,
Inc.
Ordinance No. 1389-1-96: An Ordinance of the City of Allen, Collin County, Texas,
Annexing the Hereinafter -Described Territory to the City of Allen, Texas, Approximately
106.114 Acres Located in the John Huffman Survey, Abstract No. 416, and the Grizzel
Kennedy Survey, Abstract No 499, Collin County, Texas, and Extending the Boundary
Limits of the City so as to Include Said Hereinafter -Described Property within the City
Limits and Granting to all Inhabitants and Owners of Said Property all of the Rights and
Privileges of Other Citizens and Binding all Inhabitants by all the Ordinances, Acts,
Resolutions and Regulations of Said City; Providing a Severability Clause; and Providing
for the Effective Date of Said Ordinance.
Approve an Ordinance Annexing a 13.438± Acre Tract of Land Located South of
Hampton Drive and East of the City of Allen Park Property Southeast of Bel Air Drive as
Requested by the Allen Independent School District.
Ordinance No. 1390-1-%: An Ordinance of the City of Allen, Collin County, Texas,
Annexing the Hereinafter -Described Territory to the City of Allen, Texas, Approximately
13.438 Acres Located in the Michael See Survey, Abstract No. 543, Collin County,
Texas, and Extending the Boundary Limits of the City so as to Include said Hereinafter -
Described Property within the City Limits and Granting to all Inhabitants and Owners of
Said Property all of the Rights and Privileges of Other Citizens and Binding all Inhabitants
by all the Ordinances, Acts, Resolutions and Regulations of Said City; Providing a
Severability Clause; and Providing for the Effective Date of Said Ordinance.
ALLEN CITY COUNCIL
REGULAR SESSION
JANUARY 18, 1996 PAGE 4
E. Approve Ordinance Setting Filing Fees for City Council Applicants.
Ordinance No. 1391-1-96: An Ordinance of the City of Allen, Collin County, Texas,
Establishing a Filing Fee for a Candidate's Application for Placement on the Ballot for a
City Office; Providing for a Severability Clause; and Providing for an Effective Date.
F Set February 1, 1996, as Public Hearings Date to Consider Annexation of an 85.0851 t
Acre Tract of Land Located Immediately North of Bethany Road and East of Stretford
Lane as Requested by Ann Moore Vigil and Linda Sue Moore.
G. Approve Bid and Authorize Purchase of a Skid Steer Loader for Drainage Department.
Council authorized Staff to purchase a Bobcat Skid Steer Loader from Conley -Lott -Nichols
Machinery The total cost for the Bobcat with all options (hyd-hammer, m -p bucket,
sweeper, weights, removable door and 5 -year warranty) except the track attachments is
$32,590.12.
H. Approve Bid and Authorize Execution of a Contract for Interior Recoating of the Stacy
Road Water Storage Tank.
Council authorized City Manager Jon McCarty to execute a contract with A & J Industrial
Coatings, Inc. in the amount of $134,000 for the interior recoatmg of the Stacy Road
Water Storage Tank. Council also authorized the City Manager to enter into a contract
not to exceed $16,000 with a consultant engineering firm for quality assurance of the
interior recoating.
Approve a Resolution Establishing a Procedure for Adoption of Zoning Cases.
Resolution No. 1392-1-96(R): A Resolution of the City Council of the City of Allen,
Collin County, Texas, Establishing a Process for Final Adoption of Ordinances Relating
to Zoning and Site Plan Requests.
J. Tax Report.
K. Authorize City Staff to pay bills associated with the 1985 and 1994 Capital Improvement
Program as follows:
I Hinkley & Barfield, Inc. $20,000.00
For: Design Surveys and Plan Preparation on
Custer Road Water Line
Water and Sewer Bonds
Period: Services through 1/3/96
ALLEN CITY COUNCIL
■ REGULAR SESSION
1�t1 JANUARY 18, 1996 PAGE 5
2. Smeal Fire Apparatus Co.
$11,138.05
For: Equipment for 75' Aerial Quint
1994 Bonds
Period: January 8, 1996
3. Commercial Finish Group
$171,578.78
For Construction of Recreation Facility
Prior 1992 Interest Allocated to Bethany Lakes
and 1992 Bond Funds
Period: December 31, 1995
4. Clark Condon Associates
$11,09745
For: Park Planning Services
1994 Park Bonds
Period: December 31, 1995
The motion carried.
�'! End of Consent A¢enda
LCouncil Committee Reports (Agenda Item V)
Services:
Animal shelter update
Firing range
Recreation Center/Allen Station
Sprinkler system
Park grant
Twin Creeks water request
Finance/Administration:
Spring Planning Session
Tax office contract
Quarterly capital improvement status report
Development:
No report
Mayor's:
Review Council agenda
1995/96 Work Program
Bicycle Plan report
ALLEN CITY COUNCIL
REGULAR SESSION
JANUARY 18,19%
Citizen's Comments
PAGE 6
(Agenda Item VI)
Reverend Burt Palmer, 1214 Shade Tree Lane, Allen, Texas, invited the Council to attend a sign raising
celebration for the Suncreek United Methodist Church on Sunday, January 21, at 3,00 p m.
Public Hearing on a Request by Tipton Engineering to
Zone a 106 -Acre Tract of Land to Planned Development with
Single Family Uses Located North of Hedgcoxe Road and East
of Custer Road and Consider an Ordinance Effecting this Chan (Agenda Item VII)
Bill Petty, Community Development Director, informed the Council this zoning request is on property
located at the northeast corner of Custer Road and Hedgcoxe Road. The tract is in the Plano Independent School
District. This proposal includes provision for 505 residential lots which exceeds the 1992 Comprehensive Plan
allocation for this property by 159 dwelling units. The proposal designates 6.74 acres of open space at the
southwest comer of the property and provides for the Homeowners' Association to maintain that open space. In
response to the City of Plano's request that a public hike and bike trail be established as a linkage between other
park segments in Plano, the proponent has agreed to dedicate the necessary public access easement in this area.
The Planning & Zoning Commission requested that a Facilities Agreement be in place for Hedgcoxe Road
and Old Custer Road at the time of final platting. Following are findings of the Planning & Zoning Commission.
Majority findings:
1. This request meets a need in the City on the west side to coincide with development on the east side.
2. Proposed product is an asset to the City
3. The request will not adversely affect the AISD
4. Although the request represents an increase in overall density on this property, there is sufficient density
to develop the remaining property in this neighborhood district.
5. The guidelines of the 1992 Comprehensive Plan should be studied for possible alteration
Minority findings:
1. The density is significantly higher than the 1992 Comprehensive Plan allows.
2 Due to the increase in density at this site, adequate flexibility is not left for densities in the remaining land
in this neighborhood district.
3. The density is too high.
4. The house size proposed in this development does not insure the same development in this subdivision as
is being developed to the north
5. Satisfaction is not reached with the development standards.
Pat Atkins with Tipton Engineering reviewed the history of this area and surrounding developments
including the Custer Hills North development, the overhead water tower, the industrial area to the south and the
properties to the east of this zoning request The present Custer Road designation will become a collector street
for the subdivision. The new Custer alignment will be to the west of that street. Since this project is in the Plano
Independent School District, contact has been made with the Plano Independent School District regarding their
ability to purchase a 10 -acre elementary school site.
ALLEN CITY COUNCIL
REGULAR SESSION
JANUARY 18, 1996
PAGE 7
Mr. Atkins reviewed the house size distribution which is market driven. He anticipated most buyers would
be young couples or empty -nesters wanting a nice house with small yards
Mayor Farmer read the request into the record as follows:
"Public Hearing on a Request by Tipton Engineering to Zone a 106 -Acre Tract of Land to Planned
Development with Single Family Uses Located North of Hedgcoxe Road and East of Custer Road
and Consider an Ordinance Effecting this Change."
Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the request
to do so at this time
With no one speaking either for or against the request, Mayor Farmer closed the public hearing.
Discussion was held regarding the design of Custer Road and the intersections of New Custer Road,
Hedgcoxe and Old Custer Road. Director of Community Development Bill Petty was asked to review and consider
the school site in conjunction with the open space and the homeowners' upkeep of that open space area.
It was determined that if 10 -acres of land were purchased by the school district, it would not increase the
number of units nor the density of the area.
i
In conjunction with the zoning on this tract, Council determined it may be appropriate for the Planning &
Zoning Commission to review the Suncreek Zoning on the eastern side of Planning Area 20 to adjust zoning on
that property
MOTION: Upon a motion made by Nichols and a second by Mayor Pro Tem Lilly, the Council voted five (5)
for and two (2) opposed with Councilmembers Kerr and Gallagher casting the negative votes to
confirm planning and zoning recommendation by a request from Tipton Engineering to zone the
106 -acre tract of land to Planned Development (PD) with single family uses located north of
Hedgcoxe Road and east of Custer Road with the following changes:
Minimum lot size — average 6.000 sq. ft. lots with a minimum of 5,500 sq. ft. lots
Minimum dwelling size — 10%, 1,350 sq. ft.; 30%, 1,500 sq. ft., 40% 1,600 sq. ft.; and 20%,
1,800 sq ft exclusive of garages.
The motion carried.
Council took a brief recess.
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ALLEN CITY COUNCIL
REGULAR SESSION
JANUARY 18,19% PAGE 8
Consider Amendment(s) of the Park Section of the
Comprehensive Plan to be Eligible for Priority Points
Related to the Texas Parks and Wildlife Grant Application Process (Agenda Item VIII)
Parks and Recreation Director Rhoda Savage reviewed with the Council the necessity for the
Comprehensive Plan to be updated in order for the City of Allen to receive the necessary points to be considered
for a grant application. The Texas Parks and Wildlife Department is looking for goals that reflect the projects,
priorities that have been established to meet the needs and desires of the commumty as reflected to citizen input,
timeline for implementation of the plan, pertinent park maps and tables, and the desire to coordinate park and
recreation efforts with the Allen Independent School District (AISD).
Ordinance No. 1393-1-96: An Ordinance of the City of
Allen, Collin County, Texas Amending Ordinance No.
1105-5-92, 1992 Comprehensive Plan, as Previously
Amended by Ordinance No. 1173-5-93, and Ordinance
No. 1376-10-95, so as to Modify the Section Entitled
Parks and Recreation to Include: Revisions Updating
the Park Inventory to Reflect Current Conditions and
Increases to the Goals Established in the 1992 Plan;
Additions to the Overall Content Which Shall Include
an Introduction, Description of the Plan Development
Process, a Needs Assessment, a Clearly Def"med List of
Priorities and an Implementation Strategy; and
Providing for an Effective Date.
MOTION: Upon a motion made by Councilmember Terrell and a second by Councdmember Gallagher, the
Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1393-1-96 as
previously captioned and in accordance with Park Board and Services Subcommittee recommenda-
tion. The motion carried.
Items Related to Park Grant Application (Agenda Item DO
Public Hearing on a Request by the City of
Allen to Consider the Development of Allen
Station Park and a Grant Submittal for the City Park (Agenda Item IX -A)
Rhoda Savage, Parks and Recreation Director, informed the Council that in order for the City of Allen to
submit a grant to the Texas Parks and Wildlife Department requesting partial funding for the development of Allen
Station, a public hearing on the proposed project must be held.
Sheila Condon with Clark Condon Associates reviewed the programming and special needs as reflected
by the survey of citizens in the commumty She discussed the overall Master Plan and design and the bidding and
breaking ground timelines.
Mayor Farmer read the request into the record as follows:
ALLEN CITY COUNCIL
REGULAR SESSION
JANUARY 18, 1996
PAGE
"Public Hearing on a Request by the City of Allen to Consider the Development of Allen Station
Park and a Grant Submittal for the City Park."
Mayor Farmer opened the public hearing and asked for anyone speaking either for or against the request
to do so at this time.
With no one speaking either for or against the request, Mayor Farmer closed the public hearing.
There was no Council action on this item at this time.
Consider Resolution for Approval Authorizing
Submittal of Grant Application Requesting Texas
Recreation and Parks Account (TRPA) Program Funding (Agenda Item IX -B)
It is anticipated that a grant application will be submitted to the Texas Parks and Wildlife Department prior
to January 31, 1996 requesting funding for development of that park. The projected costs for acquisition and
development of the site was $5.3 million It is anticipated that two (2) grant applications will be submitted; each
application will be for the maximum amount of $500,000.
Resolution No. 13941-96(R): A Resolution of the City
Council of the City of Allen, Collin County, Texas,
Hereinafter Referred to as "Applicant," Designating
Certain Officials as Being Responsible For, Acting
For, and on Behalf of the "Applicant" in Dealing with
the Texas Parks and Wildlife Department, Hereinafter
Referred to as "Department," for the Purpose of
Participating in the Texas Recreation & Parks Ac-
count Grant Program, Hereinafter Referred to as the
"Program"; Certifying that the "Applicant" is Eligible
to Receive Program Assistance; Certifying that the
"Applicant" Matching Share is Readily Available; and
Dedicating the Proposed Site for Permanent Public
Park and Recreational Uses.
MOTION: Upon a motion made by Councilmember Terrell and a second by Councilmember Gallagher, the
Council voted seven (7) for and none (0) opposed to approve Resolution No. 1394-1-96(R) as
previously captioned and in accordance with Staff and Services Subcommittee recommendation.
The motion carried.
Consider Setting a Date for Public Hearing on the
Annexation of Certain Properties East of FM 2551 (Agenda Item X)
City Manager Jon McCarty reviewed the Extra Territorial Jurisdiction and boundaries of Allen, Lucas and
Parker. The City of Allen has received several requests from residents outside Allen's ETJ to annex property
It has been Staff recommendation that Council not consider this property for annexation due to various implications
ALLEN CITY COUNCIL
REGULAR SESSION
JANUARY 18, 1996 PAGE 10
for the City including definable boundaries, cost to provide service to the area for development and economics
including taxes collected, not meeting the needs of the service cost.
James Carson, 2604 Dublin Road, spoke in favor of this request and for the people in this area who have
not received services as expected from various other municipalities in the area. Mr. Carson assured the Council
the residents here do not expect to be provided services in unoccupied areas and they will honor commitments to
the City of Allen regarding roads, water tower sites, etc.
The City of Allen has received a letter from the City of Parker dated January 18, 1996, asking that the City
of Allen not consider annexation of these properties.
Council clarified that each of these parcels can be dealt with individually rather than as a group. The group
was instructed by the City Council to review City Manager Jon McCarty's letter and address the various issues
brought up in that letter as to why this property would be of benefit to the City of Allen and why Allen should
annex this property
MOTION: Upon a motion made by Councilmember Kerr and a second by Councilmember Bishop, the
Council voted seven (7) and none (0) opposed to set the Public Hearing dates for February 13 at
10:00 a.m. and February 15, 1996 at the regular Council meeting, to consider annexation in the
Carson annexation request package south of Lucas Road with all back-up material, including metes
and bounds, being submitted to the City Secretary's office by noon on Wednesday, January 24,
1996. The motion carried.
Approve an Ordinance Calling an Election
to be Held Adopting an Additional Sales and
Use Tax Under the Provisions of Section 4B
f the Industrial 'al Develomnent Corporation Act
(Agenda Item XI)
Council reviewed the proposed project list for the use of the half -cent sales tax, the budget and the tax
projections Council did reiterate that the Board that will be set up to disperse the one-half cent sales tax funds and
will make up the final listing when projects are to be undertaken and what those projects will be.
Ordinance No. 1395-1-96: An Ordinance Calling an
Election to be held in the City of Allen, Texas, to
Submit a Proposition on the Question of the Adoption
of an Additional Sales and Use Tax Under the Provi-
sions of Section 4B of the Industrial Development
Corporation Act; Making Provision for the Conduct of
the Election and Resolving other Matters Incident and
Related to Such Election.
MOTION: Upon a motion made by Councilmember Bishop and a second by Councilmember Gallagher, the
Council voted seven (7) for and none (0) opposed to approve Ordinance No. 1395-1-96 as
�`I previously captioned. The motion carried.
rr ALLEN CITY COUNCIL
j' REGULAR SESSION
JANUARY 18, 1996 PAGE 11
Approve Proposed Policy for the Joe Farmer Recreation Center (Agenda Item XII)
Parks and Recreation Director Rhoda Savage indicated that five (5) areas have been addressed in this
revised Recreation Center Manual including hours of operation, boundaries for individuals who may qualify for
residency, age of children who must be accompanied by an adult, eye protection for racquetball court users and
fees. Much discussion was held on particulars in the manual including the residency issue, reservations for non-
members and the fee structure. Council requested feed-back regarding various of these issues after the recreation
center has opened and a determination will be made whether adjustments are necessary at that time.
MOTION: Upon a motion made by Councilmember Kerr and a second by Mayor Pro Tem Lilly, the Council
voted seven (7) for and none (0) opposed to approve the proposed policy manual for the Joe
Fanner Recreation Center in accordance with Staff and Services Subcommittee recommendation
and the various amendments made this evening. The motion carried.
Other Business (Agenda Item XIII)
Calendar (Agenda Item XIII-A)
January 25 6:00 p.m. Joint AISD/Council Meeting Curtis Middle School Library
January 31 1000 a in. Annexation/Public Hearing Council Chambers
January 31 7:00 p.m Workshop ----
One-half Cent Sales Tax;
Median Cuts
Municipal Messenger Schedule (Agenda Item XIII-B)
Final copy to be delivered to City Secretary by February 13
To include the grand opening for the recreation center, economic development, hand-gun bill and the
Mayor's Message
Schedule Workshop(s) (Agenda Item XID-C)
A workshop was scheduled to include the one-half cent sales tax and median cuts for January 31 at
7'00 p.m.
Items of Interest (Agenda Item XIII-D)
Discussion was held regarding the ambulance retro-fit.
Executive Session (Agenda Item XIV)
In accordance with The Texas Local Government Code, Legal, Section 551.071, Personnel, Section
551.074, Staff Presentations, Section 551.075, the Allen City Council convened into Executive Session at 12:08
a.m. in the Conference Room of the Allen Municipal Annex, One Butler Circle, Allen, Texas in order to discuss
matters pertaining to personnel reorganization.
ALLEN CITY COUNCIL
REGULAR SESSION
JANUARY 18, 1996
The Executive Session was adjourned at 1.12 a.m.
PAGE 12
Reconvene and Consider Action on Items Discussed During Executive Session (Agenda Item XV)
The Allen City Council reconvened into regular session at 1.13 a.m. on Friday, January 19, 1996, in the
Council Chambers of the Allen Municipal Annex.
Ordinance No. 1396-1-96: An Ordinance of the City of
Allen, Texas, Restructuring Certain Administrative
Departments of the Municipal Organization; Assigning
Municipal Court Administration Under the Direction
of the City Secretary; Creating the Position of Assis-
tant City Manager and Assigning Responsibilities;
Revising the City's Personnel Policies and Procedures
Manual to Reassign the Role of Personnel Officer; and
Providing an Effective Date.
MOTION: Upon a motion made by Councilmember Nichols and a second by Councilmember Gallagher, the
Council voted seven (7) for and none (0) opposed to adopt Ordinance No 1396-1-96 as previously
captioned. The motion carried.
A 'oum (Agenda Item XVI)
MOTION: Upon a motion made by Mayor Pro Tem Lilly and a second by Councilmember Kerr, the Council
voted seven (7) for and none (0) opposed to adjourn the regular session of the Allen City Council
at 1.14 a.m on Friday, January 19, 1996. The motion carried
These minutes approved on the 1st day of February , 1996.
APPROVED:
Joe Farmer, MAYOR
GV WYaGY IF
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Jud3lMorris6h, CMC, CITY SECRETARY