2005-03-28 CITY COUNCIL REGULAR MEETING MINUTES - 7:30PMMINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, HELD ON MARCH 28, 2005, AT 7:30 P.M., IN THE COUNCIL
CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE, PEARLAND, TEXAS.
The meeting was called to order with the following present:
Mayor
Mayor Pro -Tem
Councilmember
Councilmember
Councilmember
Councilmember
City Manager
City Attorney
Tom Reid
Charles Viktorin
Richard Tetens
Woody Owens
Larry Marcott
Kevin Cole
Bill Eisen
Darrin Coker
Others in attendance: Deputy City Manager Alan Mueller; Executive Director of
Community Services Nick Finan; Executive Director of Economic Development
Corporation Fred Welch; Economic Development Manager Karen Dickson; Deputy City
Secretary LaKeisha Cannon -Scott; Utility Billing Manager Meg McNulty; Police Chief
J.C. Doyle; City Engineer Doug Kneupper; Public Affairs Liaison Lynn Munford; Director
of Finance Andrea Gardner, Parks and Recreation Director Rhonda Cyrus; Public
Works Director Jerry Burns; Fire Marshal Steve Chapman; EMS Director Jeff Sundseth;
Director of Inspections Kola Olayiwola; Deputy Building Official Larry Boyles;
Purchasing Officer Gordon Island; Project Director Joe Wertz; Planning & Zoning
Commissioner Ruby Sandars; Senior Planner Theresa Grahmann.
Due to two Regular Council meetings for March 28, 2005, the Invocation was given
during the 7:00 p.m. meeting.
MAYOR'S ACTIVITY REPORT: None
COUNCIL ACTIVITY REPORTS: None
CITY MANAGER'S REPORT: None
CITIZENS: None
DOCKETED PUBLIC HEARING: None
CONSENT AGENDA:
A. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-753 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE
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NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE
CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 2.00
ACRES, WILLETTS SUBDIVISION, ABSTRACT 70, W.D.C. HALL SURVEY,
LOT 2, 2C, 2D, 2C1, 2D1, AND 2E, CITY OF PEARLAND, BRAZORIA
COUNTY, TEXAS (GENERALLY LOCATED ON THE NORTH SIDE OF FM 518
(BROADWAY STREET), AND EAST OF HAMM ROAD) (APPLICATION NO.
1200 & SPECIFIC USE PERMIT APPLICATION NO. 138) FROM
CLASSIFICATION COMMERCIAL DISTRICT (C) TO GENERAL BUSINESS
DISTRICT — SPECIFIC USE PERMIT (GB(S)), A SPECIFIC USE PERMIT FOR
STORAGE AND MINI -WAREHOUSE, AT THE REQUEST OF ROBERT
MCCONNELL AND GJR INVESTMENT MANAGEMENT, INC., APPLICANT
FOR TEXAS NO. 4, LTD., OWNER, PROVIDING FOR AN AMENDMENT OF
THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT. Mr. Darrin Coker, City Attorney.
B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-762 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE
NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE
CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 7.20
ACRES OF LAND OUT OF LOT 41, ALLISON RICHEY GULF COAST HOME
COMPANY SUBDIVISION, PART OF SUBURBAN GARDENS SUBDIVISION,
OF SECTION 1, H.T. & B.R.R. COMPANY SURVEY, ABSTRACT 310,
BRAZORIA COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT AS
RECORDED IN VOLUME 2, PAGE 107-108, OF THE PLAT RECORDS OF
BRAZORIA COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS (GENERALLY LOCATED ON THE SOUTH SIDE OF HUGHES RANCH
ROAD (CR 403), AND ON THE WEST SIDE OF BROOKNEY STREET)
(APPLICATION NO. 1210) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO ESTATE LOT SINGLE FAMILY
DWELLING DISTRICT (R -E) AT THE REQUEST OF C & D CONSTRUCTION,
APPLICANT FOR LEASE A LOT, OWNER, PROVIDING FOR AN AMENDMENT
OF THE LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT. Mr. Nick Finan, Executive Director of Community
Services.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-763 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE
NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE
CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
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CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING LOTS
65A AND 66A, FIGLAND ORCHARD SUBDIVISION, ABSTRACT 240, H.T. &
B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS (LOCATED AT 5930 FITE ROAD) (APPLICATION NO. 1212) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO SINGLE
FAMILY DWELLING DISTRICT (R-1) AT THE REQUEST OF RORY C.
WILCOX, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO
THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services.
D. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-764 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE
NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE
CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING LOT 4,
BLOCK 7, HICKORY CREEK PLACE, SECTION 7, ABSTRACT 219, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (LOCATED AT 2213 MELANIE
LANE) (APPLICATION NO. 1216) FROM CLASSIFICATION SUBURBAN
DEVELOPMENT DISTRICT (SD) TO SINGLE FAMILY DWELLING DISTRICT
(R-1) AT THE REQUEST OF DAVID E. NUGENT, OWNER, PROVIDING FOR
AN AMENDMENT OF THE LAND USE DISTRICT MAP; CONTAINING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND
OTHER PROVISIONS RELATED TO THE SUBJECT. Mr. Nick Finan, Executive
Director of Community Services.
E. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-765 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE
NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE
CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 1.6053
ACRES, BEING THE REMAINDER OF LOT 8, HICKORY PLACE
SUBDIVISION, ABSTRACT 310, H.T. & B.R.R. COMPANY SURVEY, CITY OF
PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY LOCATED ON THE
SOUTH SIDE OF HUGHES RANCH ROAD (CR 403), AND EAST OF BRYAN
COURT) (APPLICATION NO. 1211) FROM CLASSIFICATION ESTATE LOT
SINGLE FAMILY DWELLING DISTRICT (R -E) TO SINGLE FAMILY DWELLING
DISTRICT (R-1) AT THE REQUEST OF AFIS AND NICHOLE OLAJUWON,
OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT
MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Mr. Nick Finan, Executive Director of Community Services.
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F. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-766 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE
NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE
CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING LOTS
1, 2, 13, AND 14, BLOCK 2, OF CAS CON ACRES, ABSTRACT 509, H.T. &
B.R.R. COMPANY SURVEY, CITY OF PEARLAND, BRAZORIA COUNTY,
TEXAS (GENERALLY LOCATED ON THE EAST SIDE OF HARKEY ROAD, ON
THE SOUTH SIDE OF WILLOW STREET, AND ON THE NORTH SIDE OF
COTTONWOOD STREET) (APPLICATION NO. 1215) FROM
CLASSIFICATION SUBURBAN DEVELOPMENT DISTRICT (SD) TO GENERAL
BUSINESS DISTRICT (GB) AT THE REQUEST OF E. M. POLKER AND RICK
BRUMLEY, OWNERS, PROVIDING FOR AN AMENDMENT OF THE LAND
USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO
THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services.
G. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-767 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE
NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE
CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 104.89
ACRES OF LAND, OUT OF TRACTS 83, 84, 85 AND 86, OUT OF THE
ZYCHLINSKI SUBDIVISION OF SECTION 3 AND 4, H.T. & B.R.R. COMPANY
SURVEY AND R.B. LYLE SURVEY, ABSTRACTS 232 AND 543, AS
RECORDED IN VOLUME 29, PAGE 43, DEED RECORDS OF BRAZORIA
COUNTY, TEXAS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(LOCATED AT 4501 KNAPP ROAD) (SPECIFIC USE PERMIT APPLICATION
NO. 140) FOR A SPECIFIC USE PERMIT FOR A PIPE PROCESSING
FACILITY IN THE LIGHT INDUSTRIAL DISTRICT (M -1(S)) AT THE REQUEST
OF JOHN ANDREWS, APPLICANT FOR SHAWCOR PIPE PROTECTION LLC,
OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE DISTRICT
MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AN
EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Mr. Nick Finan, Executive Director of Community Services.
H. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 509-768 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING ORDINANCE
NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE OF THE
CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
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CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 522.62
ACRES OF LAND, SITUATED IN THE H.T. & B.R.R. COMPANY SURVEY,
SECTION 80, ABSTRACT 564, AND SECTION 84, ABSTRACT 538, BEING
ALL OF A CALLED 120.134 ACRE TRACT OF LAND DESCRIBED IN A DEED
RECORDED VOLUME (90) 820, PAGE 217, VOLUME (91) 866, PAGE 357 AND
VOLUME (92) 994, PAGE 172 ALL OF THE BRAZORIA COUNTY DEED
RECORDS, AND LOTS 3 THROUGH 8, 11 THROUGH 18, 20 THROUGH 26,
27 THROUGH 34, LOTS 37 AND 38 AND THE WEST ONE-HALF OF LOT 39,
ALL OF LOTS 42, 43, 44, 45, 52 THROUGH 55, AND 8.11 ACRES OF LOT 56
OF THE ALLISON RICHEY GULF COAST HOME COMPANY SUBDIVISION
RECORDED IN VOLUME 2, PAGE 98 OF THE BRAZORIA COUNTY MAP
RECORDS, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS (GENERALLY
LOCATED ON THE SOUTH SIDE OF BROADWAY STREET (CR 92), ON THE
NORTH SIDE OF COUNTY ROAD 59, AND ON THE EAST AND WEST SIDES
OF COUNTY ROAD 48) (APPLICATION NO. 1217) FROM CLASSIFICATION
PLANNED UNIT DEVELOPMENT DISTRICT (PUD) TO PLANNED UNIT
DEVELOPMENT DISTRICT (PUD), AN AMENDMENT TO THE EXISTING PUD
FOR SOUTHERN TRAILS, AT THE REQUEST OF KERRY R. GILBERT AND
ASSOCIATES, INC., APPLICANT FOR ASHTON SOUTHERN TRAILS JOINT
VENTURE, OWNER, PROVIDING FOR AN AMENDMENT OF THE LAND USE
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO
THE SUBJECT. Mr. Nick Finan, Executive Director of Community Services.
I. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1209 - AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 7,
BUILDING, OF THE CITY OF PEARLAND CODE OF ORDINANCES, AS IT
MAY HAVE BEEN, FROM TIME TO TIME, AMENDED, TO AMEND SECTION 7-
13, ENTITLED ADOPTED; SECTION 7-13.1, ENTITLED AMENDMENTS;
MODIFICATIONS, ADDITIONS; DELETIONS, SECTION 7-51, ENTITLED
ADOPTION OF REGULATIONS; CONFLICTING PROVISIONS, AND SECTION
7-51.1, ENTITLED AMENDMENTS, MODIFICATIONS; ADDITIONS;
DELETIONS, HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND
A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND AN
EFFECTIVE DATE. Mr. Nick Finan, Executive Director of Community Services.
J. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1210 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 23,
PLUMBING AND GAS, OF THE CITY OF PEARLAND CODE OF
ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME, AMENDED,
TO AMEND SECTION 23-1, ENTITLED ADOPTION OF REGULATIONS;
CONFLICTING PROVISIONS; SECTION 23-1.1, ENTITLED AMENDMENTS;
Page 5 of 8 — 7:30 p.m. 3/28/2005
MODIFICATIONS; ADDITIONS; DELETIONS, SECTION 23-161, ENTITLED
ADOPTION OF REGULATIONS; CONFLICTING PROVISIONS, AND SECTION
23-161.1, ENTITLED AMENDMENTS; MODIFICATIONS; ADDITIONS;
DELETIONS, HAVING A SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND
A REPEALER CLAUSE; AND PROVIDING FOR CODIFICATION AND AN
EFFECTIVE DATE. Mr. Nick Finan, Executive Director of Community Services.
K. CONSIDERATION AND POSSIBLE ACTION — SECOND AND FINAL
READING OF ORDINANCE NO. 1211 — AN ORDINANCE OF THE CITY
COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING CHAPTER 10,
FIRE PREVENTION AND PROTECTION, OF THE CITY OF PEARLAND CODE
OF ORDINANCES, AS IT MAY HAVE BEEN, FROM TIME TO TIME,
AMENDED, TO AMEND ARTICLE III, ENTITLED FIRE CODE; HAVING A
SAVINGS CLAUSE, A SEVERABILITY CLAUSE, AND A REPEALER CLAUSE;
AND PROVIDING FOR CODIFICATION AND AN EFFECTIVE DATE.
Mr. Steve Chapman, Fire Marshal.
Councilmember Marcott asked that Consent Agenda Item A be removed from the
Consent Agenda for further discussion.
Councilmember Tetens made the motion, seconded by Councilmember Cole, to adopt
Consent Agenda Items A through K with the exception of Items A, E, F, and H, as
presented on the Consent Agenda.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
MATTER REMOVED FROM CONSENT AGENDA
Councilmember Marcott asked that Consent Agenda Item A be removed from the
Consent Agenda for further discussion.
SECOND AND FINAL READING OF ORDINANCE NO. 509-753 — AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS, AMENDING
ORDINANCE NO. 509, THE LAND USE AND URBAN DEVELOPMENT ORDINANCE
OF THE CITY OF PEARLAND, TEXAS, FOR THE PURPOSE OF CHANGING THE
CLASSIFICATION OF CERTAIN REAL PROPERTY LOCATION BEING 2.00 ACRES,
WILLETTS SUBDIVISION, ABSTRACT 70, W.D.C. HALL SURVEY, LOT 2, 2C, 2D,
2C1, 2D1, AND 2E, CITY OF PEARLAND, BRAZORIA COUNTY, TEXAS
(GENERALLY LOCATED ON THE NORTH SIDE OF FM 518 (BROADWAY STREET),
AND EAST OF HAMM ROAD) (APPLICATION NO. 1200 & SPECIFIC USE PERMIT
Page 6 of 8 — 7:30 p.m. 3/28/2005
APPLICATION NO. 138) FROM CLASSIFICATION COMMERCIAL DISTRICT (C) TO
GENERAL BUSINESS DISTRICT — SPECIFIC USE PERMIT (GB(S)), A SPECIFIC
USE PERMIT FOR STORAGE AND MINI -WAREHOUSE, AT THE REQUEST OF
ROBERT MCCONNELL AND GJR INVESTMENT MANAGEMENT, INC., APPLICANT
FOR TEXAS NO. 4, LTD., OWNER, PROVIDING FOR AN AMENDMENT OF THE
LAND USE DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS RELATED TO THE
SUBJECT. Mr. Darrin Coker, City Attorney.
Councilmember Tetens made the motion, seconded by Councilmember Cole, to
approve Ordinance No. 509-753 on its second and final reading.
Councilmember Marcott stated he pulled this item because he voted against it during
the first reading.
Voting "Aye" Councilmembers Cole, Viktorin, Owens, and Tetens
Voting "No" Councilmember Marcott.
Motion Passed 4 to 1.
NEW BUSINESS:
Council recessed into Executive Session under Texas Government Code at 11:27 p.m.
to discuss the following:
NEW BUSINESS (CONTINUED):
EXECUTIVE SESSION UNDER TEXAS GOVERNMENT CODE
1. SECTION 551.074 — PERSONNEL MATTERS — APPOINTMENT OF
MEMBER TO TAX INCREMENT REINVESTMENT ZONE NO. 2 ("TIRZ")
BOARD. City Council.
2. SECTION 551.071 — CONSULTATION WITH CITY ATTORNEY.
Mr. Darrin Coker, City Attorney.
3. SECTION 551.074 — PERSONNEL MATTERS — ANNUAL EVALUATION OF
THE CITY ATTORNEY. City Council,
NEW BUSINESS (CONTINUED):
Council returned from Executive Session at 1:08 a.m.
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COUNCIL ACTION — REGARDING APPOINTMENT OF MEMEBER TO THE TAX
INCREMENT REINVESTMENT ZONE NO. 2 ("TIRZ") BOARD. City Council.
No Council action taken.
COUNCIL ACTION — REGARDING CONSULTATION WITH CITY ATTORNEY. City
Council.
No Council action taken.
CONSIDERATION AND POSSIBLE ACTION — REGARDING ANNUAL EVALUTION
OF THE CITY ATTORNEY. City Council.
Councilmember Cole made the motion, seconded by Mayor Pro -Tem Viktorin,
authorizing the Mayor to prepare a letter summarizing the evaluation of the City
Attorney for the City Attorney's personnel file.
Voting "Aye" Councilmembers Cole, Marcott, Viktorin, Owens, and Tetens.
Voting "No" None.
Motion Passed 5 to 0.
ADJOURNMENT
Meeting was adjourned at 1:10 a.m.
Minutes approved as submitted and/or corrected this the 25th day of April , A.D.,
2005.
Tom Reid
Mayor
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