2012-11-26 CITY COUNCIL REGULAR MEETING AGENDA AGENDA — REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, TO BE HELD ON MONDAY, NOVEMBER 26, 2012, AT
7:30 P.M., IN THE COUNCIL CHAMBERS, CITY HALL, 3519 LIBERTY DRIVE,
PEARLAND, TEXAS.
I. CALL TO ORDER
II. INVOCATION AND THE PLEDGE OF ALLEGIANCE
III. MAYOR'S ACTIVITY REPORT
1. Events attended and upcoming events.
IV. COUNCIL ACTIVITY REPORTS
1. Events attended and upcoming events.
V. CITY MANAGER'S REPORT
1. Events attended and upcoming events.
VI. CITIZENS
VII. DOCKETED PUBLIC HEARING:
VIII. CONSENT AGENDA:
ALL ITEMS LISTED UNDER THE "CONSENT AGENDA" ARE
CONSIDERED TO BE ROUTINE AND REQUIRE LITTLE OR NO
DELIBERATION BY THE CITY COUNCIL. THESE ITEMS WILL BE
ENACTED/APPROVED BY ONE MOTION UNLESS A
COUNCILMEMBER REQUESTS SEPARATE ACTION ON AN ITEM, IN
WHICH EVENT THE ITEM WILL BE REMOVED FROM THE CONSENT
AGENDA AND CONSIDERED BY SEPARATE ACTION (IX. MATTERS
REMOVED FROM CONSENT AGENDA). APPROVAL OF THE
CONSENT AGENDA ENACTS THE ITEMS OF LEGISLATION.
A. CONSIDERATION AND POSSIBLE ACTION — APPROVAL
OF MINUTES:
1. Minutes of the February 27, 2012, Special Meeting held at
6:15 p.m.
2. Minutes of the October 1, 2012, Special Meeting held at 6:30
p.m.
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B. CONSIDERATION AND POSSIBLE ACTION — SECOND AND
FINAL READING OF ORDINANCE NO. 2000M-92 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 2000M,
THE ZONING MAP OF THE CITY OF PEARLAND, TEXAS,
FOR THE PURPOSE OF CHANGING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY, LOCATION A TRACT OF
LAND CONTAINING 4.82 ACRES KNOWN AS TRACT 20-A,
SITUATED IN LOT 20 OF THE ALLISON RICHEY GULF
COAST HOME COMPANY SUBDIVISION, ABSTRACT NO.
506, AS RECORDED IN VOLUME 2, PAGE 23 OF THE
BRAZORIA COUNTY MAP RECORDS, AND; A TRACT OF
LAND CONTAINING 4.82 ACRES KNOWN AS TRACT 20,
SITUATED IN LOT 20 OF THE ALLISON RICHEY GULF
COAST HOME COMPANY SUBDIVISION, ABSTRACT NO.
506, AS RECORDED IN VOLUME 2, PAGE 23 OF THE
BRAZORIA COUNTY MAP RECORDS. (LOCATED AT 2014
HILLHOUSE RD, PEARLAND, TEXAS), ZONE CHANGE
2012-11Z, A REQUEST OF CHAD THUMANN, APPLICANT,
ON BEHALF OF BARBARA COVINGTON, OWNER, FOR
APPROVAL OF A ZONE CHANGE FROM THE RESIDENTIAL
ESTATE (RE) ZONE TO THE SUBURBAN RESIDENTIAL-12
(SR-12) ZONE, PROVIDING FOR AN AMENDMENT OF THE
ZONING DISTRICT MAP; CONTAINING A SAVINGS CLAUSE,
A SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND
OTHER PROVISIONS RELATED TO THE SUBJECT.
Mr. Mike Hodge, Assistant City Manager.
C. CONSIDERATION AND POSSIBLE ACTION — SECOND AND
FINAL READING OF ORDINANCE NO. 2000CUP-59 — AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A CONDITIONAL USE
PERMIT FOR CERTAIN PROPERTY, BEING A 19.934 ACRE
TRACT OF LAND LOCATED IN THE T.J. GREEN SURVEY,
ABSTRACT 290, HARRIS COUNTY, TEXAS, BEING A
PORTION OF LOTS 16, 17, 39, AND 40, AND ALL OF LOTS
26 AND 27 OF THE ALLISON RICHEY GULF COAST HOME
COMPANY SUBDIVISION, SECTION "G", A SUBDIVISION OF
RECORD IN VOLUME 4, PAGE 48 OF THE MAP RECORDS
OF SAID HARRIS COUNTY. (LOCATED AT 1800 BLOCK OF
RIVERSTONE RANCH DRIVE, PEARLAND, TX)
CONDITIONAL USE PERMIT APPLICATION NO. CUP 2012-
05 TO ALLOW FOR A CHURCH, TEMPLE, OR PLACE OF
WORSHIP IN THE SINGLE FAMILY RESIDENTIAL-1 (R-1)
DISTRICT AT THE REQUEST OF WARREN ESCOVY — LJA
ENGINEERING, INC., APPLICANT AND THE DIOCESE OF
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GALVESTON-HOUSTON, OWNER, CONTAINING A SAVINGS
CLAUSE, A SEVERABILITY CLAUSE, AN EFFECTIVE DATE
AND OTHER PROVISIONS RELATED TO THE SUBJECT.
Mr. Mike Hodge, Assistant City Manager.
D. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 2000M-91 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 2000M,
THE ZONING MAP OF THE CITY OF PEARLAND, TEXAS,
FOR THE PURPOSE OF CHANGING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY, LOCATION BEING 2.9125
ACRES OF LAND OUT OF AND PART OF LOT FORTY (40),
OF THE W. ZYCHLINSKI SUBDIVISION, SECTION NO.
THREE (3), IN THE H. T. & B. R. R. CO. SURVEY, A-232,
BRAZORIA COUNTY, TEXAS, ACCORDING TO THE PLAT
RECORDED IN VOLUME 29, PAGE 43 OF THE DEED
RECORDS OF BRAZORIA COUNTY, TEXAS, AND; A 13.611
ACRE TRACT IN THE H. T. & B. R.R. CO. SURVEY, SECTION
3, ABSTRACT NO. 232 IN BRAZORIA COUNTY, TEXAS.
SAID 13.611ACRE TRACT IS PART OF LOT 40 OF THE W.
ZYCHLINSKI SUBDIVISION AS RECORDED IN VOLUME 29,
PAGE 43 OF THE BRAZORIA COUNTY DEED RECORDS.
SAID 13.611 ACRE TRACT IS FURTHER DESCRIBED AS
BEING THAT SAME TRACT DESCRIBED IN A DEED TO
NGUYEN ENTERPRISE, LLC AS RECORDED IN CLERK'S
FILE NO. 03-059143 IN THE BRAZORIA COUNTY CLERK'S
OFFICE, AND; A 25.081 ACRE TRACT IN THE H.T. & B. R. R.
CO. SURVEY, ABSTRACT NO. 232, BRAZORIA COUNTY,
TEXAS. SAID 25.081 ACRE TRACT IS PART OF LOTS 46
AND 50, OF THE ZYCHLINSKI SUBDIVISION AS RECORDED
IN VOLUME 29, PAGE 43 IN THE BRAZORIA COUNTY
DEEDS RECORDS AND IS FURTHER DESCRIBED AS
BEING PART OF TRACT 5 AND A PART OF TRACT 6
DESCRIBED IN A DEED TO FEF FAMILY LIMITED
PARTNERSHIP AS RECORDED IN CLERK'S FILE NO. 96-
046033 IN THE BRAZORIA COUNTY CLERK'S OFFICE, AND
IS ALL OF A 4.64 ACRE TRACT DESCRIBED IN A DEED TO
FEF FAMILY LIMITED PARTNERSHIP AS RECORDED IN
CLERK'S FILE NO. 96-046031 IN THE BRAZORIA COUNTY
CLERK'S OFFICE. (LOCATED AT 1871 MYKAWA RD,
PEARLAND, TEXAS), ZONE CHANGE 2012-10Z, A
REQUEST OF JACK MCGUFF, JR, APPLICANT, ON BEHALF
OF THIRD COAST TERMINALS, OWNER, FOR APPROVAL
OF A ZONE CHANGE FROM THE LIGHT INDUSTRIAL (M-1)
ZONE AND HEAVY INDUSTRIAL (M-2) ZONE, TO PLANNED
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DEVELOPMENT (PD) ZONE, PROVIDING FOR AN
AMENDMENT OF THE ZONING DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT. Mr. Mike Hodge, Assistant City
Manager.
E. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 2000CUP-58 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, APPROVING A CONDITIONAL USE
PERMIT FOR CERTAIN PROPERTY, BEING A 0.9495 ACRE
TRACT OF LAND SITUATED IN THE H.T. & B R.R. COMPANY
SURVEY ABSTRACT 242 IN BRAZORIA COUNTY, TEXAS,
BEING THE SAME TRACT OF LAND CONVEYED TO
JOSEPH B. BENES AND RECORDED IN VOLUME 408 PAGE
538 OF THE DEED RECORDS OF BRAZORIA COUNTY,
TEXAS. (LOCATED AT 7902/7904 BROADWAY STREET,
PEARLAND, TX) CONDITIONAL USE PERMIT APPLICATION
NO. CUP 2012-04 TO ALLOW FOR A CHILD DAYCARE
(BUSINESS) IN THE NEIGHBORHOOD SERVICE (NS)
DISTRICT AT THE REQUEST OF SUDERSHAN
JAMBULAPATI, APPLICANT AND GURU OM SAI, LLC.,
OWNER, CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT. Mr. Mike Hodge,
Assistant City Manager.
F. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 2000M-93 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 2000M,
THE ZONING MAP OF THE CITY OF PEARLAND, TEXAS,
FOR THE PURPOSE OF CHANGING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY, LOCATION BEING THE
HEREIN DESCRIBED 20.3 ACRES, MORE OR LESS, BEING
GENERALLY LOCATED IN SECTION 80, J. S. TALMAGE
SURVEY ABSTRACT 564, BRAZORIA COUNTY, TEXAS; THE
SOUTH LINE BEING ALONG THE SOUTH LINE OF LOT 2,
SECTION 80, J. S. TALMAGE SURVEY, ABSTRACT 564
ACCORDING TO THE PLAT THEREOF AS FILED IN VOLUME
2, PAGE 98 BRAZORIA COUNTY PLAT RECORDS; THE
WEST LINE BEING THE EAST LINE OF CITY OF PEARLAND
ORDINANCE NO. 1035; THE NORTH LINE BEING THE
SOUTH RIGHT-OF-WAY LINE OF COUNTY ROAD 92 AND
THE EXTENSION OF CITY OF PEARLAND ORDINANCE 924
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AND THE EAST LINE BEING THE WEST LINE OF CITY OF
PEARLAND ORDINANCE NO 924; ALL THAT CERTAIN 20.3
ACRES, MORE OR LESS, ANNEXED INTO THE CITY OF
PEARLAND BY PEARLAND ORDINANCE 1465 AND BEING
ALL OF LOTS 1 & 2, SECTION 80, J. S. TALMAGE SURVEY,
ABSTRACT 564. (LOCATED AT THE SOUTHEAST CORNER
OF BROADWAY/KINGSLEY PEARLAND, TEXAS), ZONE
CHANGE 2012-12Z, A REQUEST OF KERRY GILBERT &
ASSOCIATES, APPLICANT, ON BEHALF OF BELTWAY 23,
LTD., OWNER, FOR APPROVAL OF A ZONE CHANGE FROM
THE SUBURBAN DEVELOPMENT (SD) ZONE TO THE
PLANNED DEVELOPMENT (PD) ZONE, PROVIDING FOR AN
AMENDMENT OF THE ZONING DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT. Mr. Mike Hodge, Assistant City
Manager.
G. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 2000M-94 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, AMENDING ORDINANCE NO. 2000M,
THE ZONING MAP OF THE CITY OF PEARLAND, TEXAS,
FOR THE PURPOSE OF CHANGING THE CLASSIFICATION
OF CERTAIN REAL PROPERTY, LOCATION BEING 38.909
ACRES OF LAND IN THE H. T. & B. R. R. COMPANY
SURVEY, SECTION 81, ABSTRACT NO. 300, BRAZORIA
COUNTY, TEXAS, BEING A PORTION OF LOTS 38, 39, 40,
49, AND 50 OF THE ALLISON RICHEY GULF COAST HOME
COMPANY'S PART OF SUBURBAN GARDENS, A
SUBDIVISION OF RECORD, VOLUME 2, PAGE 98, OF THE
PLAT RECORDS OF SAID BRAZORIA COUNTY (B.C.P.R.),
MORE PARTICULARLY BEING THE RESIDUE OF THAT
CERTAIN CALLED 30.583 ACRE TRACT (DESCRIBED AS
PART ONE), AND THE RESIDUE OF THAT CERTAIN
CALLED 9.990 ACRE TRACT (DESCRIBED AS PART TWO)
CONVEYED FROM COMPASS BANK TO PARKSIDE 59/288
LTD, BY AN INSTRUMENT OF RECORD UNDER DOCUMENT
NUMBER 2011012491, OF THE OFFICIAL PUBLIC RECORDS
OF SAID BRAZORIA COUNTY (B.C.O.P.R.) (LOCATED AT
THE NORTHWEST CORNER OF CR59/SH288, PEARLAND,
TEXAS), ZONE CHANGE 2012-13Z, A REQUEST OF KERRY
GILBERT & ASSOCIATES, APPLICANT, ON BEHALF OF
PARKSIDE 59/288, LTD., OWNER, FOR APPROVAL OF A
ZONE CHANGE FROM THE THE BUSINESS PARK 288 (BP-
288) ZONE TO THE PLANNED DEVELOPMENT (PD) ZONE,
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PROVIDING FOR AN AMENDMENT OF THE ZONING
DISTRICT MAP; CONTAINING A SAVINGS CLAUSE, A
SEVERABILITY CLAUSE, AN EFFECTIVE DATE AND OTHER
PROVISIONS RELATED TO THE SUBJECT. Mr. Mike Hodge,
Assistant City Manager.
H. CONSIDERATION AND POSSIBLE ACTION - SECOND AND
FINAL READING OF ORDINANCE NO. 1471 - AN
ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
PEARLAND, TEXAS, FINDING THAT THE CITY HAS
ESTABLISHED GUIDELINES AND CRITERIA FOR
GRANTING TAX ABATEMENT PURSUANT TO RESOLUTION
NO. R2011-12; DESIGNATING AND DESCRIBING A
REINVESTMENT ZONE (TO BE KNOWN AS REINVESTMENT
ZONE #22), IN ACCORDANCE WITH THE PROPERTY
REDEVELOPMENT AND TAX ABATEMENT ACT; FINDING
THAT THE IMPROVEMENTS SOUGHT ARE FEASIBLE AND
PRACTICAL AND WOULD BE A BENEFIT TO THE LAND TO
BE INCLUDED IN THE ZONE AND THE MUNICIPALITY
AFTER THE EXPIRATION OF THE TAX ABATEMENT
AGREEMENT; AUTHORIZING THE CITY MANAGER TO SIGN
TAX ABATEMENT AGREEMENTS WHEN APPROVED BY
THE CITY COUNCIL; HAVING A SAVINGS CLAUSE AND A
SEVERABILITY CLAUSE; AND AN EFFECTIVE DATE.
Mr. Darrin Coker, City Attorney.
I. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2012-164 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN
INTERLOCAL AGREEMENT WITH THE HOUSTON-
GALVESTON AREA COUNCIL (H-GAC) FOR PARTICIPATION
IN THE DWI TASK FORCE GRANT PROGRAM.
Mr. J.C. Doyle, Police Chief.
J. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2012-165 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING THE CITY
MANAGER OR HIS DESIGNEE TO ENTER INTO AN
INDEMNITY AGREEMENT ASSOCIATED WITH THE
COWART'S CREEK DIVERSION PROJECT. Mr. Bill Eisen, City
Manager.
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IX. NEW BUSINESS:
1. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 1472 - AN ORDINANCE OF
THE CITY COUNCIL OF THE CITY OF PEARLAND, TEXAS,
APPROVING THE ANNEXATION BY BRAZORIA COUNTY
MUNICIPAL UTILITY DISTRICT NO. 28 OF APPROXIMATELY
91.2096 ACRES OF LAND. Mr. Bill Eisen, City Manager.
2. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2012-169 -A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AUTHORIZING A
RECYCLING FACILITY USE AGREEMENT WITH WASTE
MANAGEMENT ASSOCIATED WITH THE "AT YOUR DOOR"
RECYCLING PROGRAM. Ms. Claire Bogard, Finance Director.
3. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2012-166 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
CONSTRUCTION SERVICES ASSOCIATED WITH THE
INTELLIGENT TRAFFIC SYSTEMS PROJECT. Mr. Bill Eisen,
City Manager.
4. CONSIDERATION AND POSSIBLE ACTION - FIRST
READING OF ORDINANCE NO. 2000M-95 - AN ORDINANCE
OF THE CITY COUNCIL OF THE CITY OF PEARLAND,
TEXAS, AMENDING ORDINANCE NO. 2000M, THE ZONING
MAP OF THE CITY OF PEARLAND, TEXAS, FOR THE
PURPOSE OF CHANGING THE CLASSIFICATION OF
CERTAIN REAL PROPERTY, LOCATION BEING A 13.589
ACRE TRACT OF LAND OUT OF ALLISON RICHEY GULF
COAST HOMES SUBDIVISION, AN ADDITION TO THE CITY
OF PEARLAND, BRAZORIA COUNTY, TEXAS AS RECORDED
IN VOLUME 3, PAGE 40, OF THE MAP RECORDS OF HARRIS
COUNTY, TEXAS, SAID 13.589 ACRE TRACT OF LAND
BEING A PORTION OF A 36.166 ACRE TRACT OF LAND (BY
DEED) DEEDED TO SHT/KIRBY LTD, AS RECORDED IN
HARRIS COUNTY CLERK'S FILE NUMBER 20080049996 IN
THE OFFICIAL PUBLIC RECORDS OF REAL PROPERTY,
HARRIS COUNTY, TEXAS. (LOCATED AT NORTHEAST
CORNER OF SPECTRUM AND HOOPER, PEARLAND,
TEXAS), ZONE CHANGE 2012-14Z, A REQUEST OF JOE D.
POWERS, AIA, APPLICANT, ON BEHALF OF SHT/KIRBY,
LTD., OWNER, FOR APPROVAL OF A ZONE CHANGE FROM
THE SPECTRUM DISTRICT (DISTRICT 51) (SP1) ZONE TO
THE PLANNED DEVELOPMENT (PD) ZONE, PROVIDING FOR
Page 7 of 9 - 11/26/2012
AN AMENDMENT OF THE ZONING DISTRICT MAP;
CONTAINING A SAVINGS CLAUSE, A SEVERABILITY
CLAUSE, AN EFFECTIVE DATE AND OTHER PROVISIONS
RELATED TO THE SUBJECT. Mr. Mike Hodge, Assistant City
Manager.
5. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2012-171 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
THE PURCHASE AND INSTALLATION OF POLICE VEHICLE
EQUIPMENT. Mr. Bill Eisen, City Manager.
6. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2012-170 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, AWARDING A BID FOR
PURCHASE OF PERSONAL PROTECTIVE EQUIPMENT
(BUNKER GEAR) FOR THE FIRE DEPARTMENT.
Mr. Bill Eisen, City Manager.
7. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2012-161 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, RENEWING A CONTRACT
FOR CREDIT CARD MERCHANT SERVICES. Mr. Bill Eisen,
City Manager.
8. CONSIDERATION AND POSSIBLE ACTION - RESOLUTION
NO. R2012-168 - A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF PEARLAND, TEXAS, CREATING A HOTEL
OCCUPANCY TAX ADVISORY BOARD; ESTABLISHING
MEMBERSHIP CRITERIA; DETERMINING BOARD
AUTHORITY AND ADOPTING RULES FOR MEETINGS OF
THE BOARD. Mr. Bill Eisen, City Manager.
OTHER BUSINESS: None.
XI. ADJOURNMENT
This site is accessible to disabled individuals. For special assistance, please call
Young Lolling at 281-652-1840 prior to the meeting so that appropriate
arrangements can be made.
Page 8 of 9 - 11/26/2012
I, Maria E. Rodriguez, City Secretary of the City of Pearland, Texas, do hereby
certify that the foregoing public notice was posted in a place convenient to the
general public at City Hall on the 21th day of November, 2012 at 6:00 p.m.
,4QpRCgj,Q,,
•
Man: E. Rodriguez
Deputy • y Secretary
Agenda removed 1'7 day of November, 2012.
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