Ordinance 1994-23
ORDINANCE NO.
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AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ANNEXING TERRITORY
ADJACENT AND CONTIGUOUS TO THE CITY OF WYLIE, TEXAS; FINDING
THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN
SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE
CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE
ENTITLED TO THE RIGHTS, PRIVILEGES, AND RESPONSIBILITIES OF OTHER
CITIZENS AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT
AND AS MAY BE HEREINAFTER ADOPTED; REPEALING ALL CONFLICTING
ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR
AN EFFECTIVE DATE
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WHEREAS, the City Council of the City of Wylie, Texas (City), pursuant to authority
given by Municipal Annexation Act (the Act) as contained in the Texas Local Government Code
(LGC) at ~43.oo1, et seq., (as amended) and Section 3 of Article 1 of the Home Rule Charter
of the City, has heretofore initiated annexation proceedings to annex various tracts of territory
lying adjacent and contiguous to the City, including the property hereinafter described (the
Subject Property); and,
WHEREAS, the City is a duly constituted Home Rule City pursuant to Tex. Rev. Civ.
Stat. Ann. art. 1165 et seq., as amended; and,
WHEREAS, in accordance with the Act, a service plan, attached hereto as Exhibit "A",
and incorporated herein for all purposes, was prepared by the appropriate department of the City
and was made available for inspection and explained at the public hearings conducted as
hereinafter described; and,
WHEREAS, two separate public hearings were conducted in accordance with Section
43.052 of the LGC, the fIrst being held at 7:00 p.m. on the 12th day of July, 1994, and the
second hearing being held at 7:00 p.m. on the 19th day of July, 1994 , with both such hearings
being held in the Council Chambers at the Wylie Municipal Complex, 2000 N Hwy 78, Wylie,
Texas; and,
WHEREAS, the public hearings were conducted and held no more than forty (40) days
nor less than twenty (20) days prior to the institution of annexation proceedings; and,
WHEREAS, notice of public hearings was published in a newspaper of general
circulation in the City of Wylie and in the territory proposed to be annexed by publication, at
least once in said newspaper not more than twenty (20) days nor less than ten (10) days prior to
each public hearing; and,
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WHEREAS, additional notice by certifIed mail was given to the owner of the subject
property; and,
WHEREAS, the subject property lies within the Extra Territorial Jurisdiction of the City,
is contiguous on at least two sides with the present boundaries of the City, and when taken
together with all other property annexed in this calendar year does not exceed more than 10%
of the incorporated are of the City as of January 1, 1994;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE, TEXAS, as follows:
SECTION I
That all of the above premises are found to be true and correct and are incorporated into
the body of this Ordinance as if copied in their entirety.
SECTION II
That the following specifIc fmdings are hereby made:
A. All actions and conditions necessary and requisite to annexation of the subject
property have been fully and timely taken and complied with;
B. The subject property satisfIes all requirements and conditions for annexation under
the Act;
C. The subject property is legally eligible for annexation into the City;
SECTION III
That the following described property, to wit:
A tract located in the Francisco De La Pina Survey, Abstract no. 688, and being part of
a 35.117 acre tract conveyed from G. C. Kreymer, Archie Kreymer, and Billy Kreymer to
Clifton Kreymer recorded in Volume 955, page 473, Collin County Deed Records, and also
being the same 2.00 acre tract conveyed to James P. McCormick recorded in volume 1093, page
228, Collin County Deed records, and being more particularly described as follows:
BEGINNING, at an iron stake found for corner in the center of Brown Street (Iron Stake
off-set 34' in R. O. W.) said point being the NW corner of said 35.117 acre tract, said point also
being the NW corner of said 2.00 tract:
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THENCE, South 00 0 01' 00" West passing an iron stake at 407.45 feet and continuing
a total distance along fence line 417.45 feet to an iron stake set for corner;
THENCE, North 880 12' 43" East 208.75 feet to an iron stake set for corner;
THENCE, North 000 02' 29" East passing an iron stake at 10.00 feet and continuing
along fence line a total distance of 417.07 feet to an iron stake found for corner in the center of
Brown Street (iron stake off-set 34' in R.O.W.);
THENCE, South 880 19' 04" West 208.91 feet along center of Brown Street to the Place
of beginning;
(the same having heretofore in these proceedings been designated and referred to as Tract III)
be, and hereby is, annexed and brought within the corporate limits of the City of Wylie, Collin
County, Texas.
SECTION IV
The service plan submitted in accordance with the Act is hereby approved as part of this
Ordinance, made a part hereof and attached hereto as Exhibit "A".
SECTION V
That the owners and inhabitants of the area herein annexed be entitled to all of the rights
and privileges of other citizens and property owners of said City and are hereby bound by all
acts, ordinances and all other legal action now in full force and effect and all those which may
be hereafter adopted.
SECTION VI
That the offIcial map and boundaries of the City, heretofore adopted and amended be and
is hereby amended so as to include the aforementioned territory as part of the City.
SECTION VII
That the Mayor is hereby directed and authorized to perform or cause to be performed
all acts necessary to correct the offIcial map of the City to add the territory hereby annexed as
required by law.
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SECTION VIII
That the City Secretary is hereby directed and authorized to fIle a certifIed copy of this
Ordinance in the OffIce of the County Clerk of Collin County, Texas.
SECTION IX
Should any paragraph, sentence, sub-division, clause, phrase or section of this ordinance be
adjudged or held to be unconstitutional, illegal or invalid the same shall not affect the validity
of this ordinance as a whole or any part or provision thereof, other than the part or parts as
declared to be invalid, illegal, or unconstitutional.
SECTION X
This ordinance shall be in full force and effect from and after its adoption by the City
Council and publication of its caption as the law and the City Charter provide in such cases.
SECTION XI
That all other ordinances and code provisions in conflict herewith are hereby repealed to the
extent of any such conflict or inconsistency and all other provisions of the Wylie City Code not
in conflict herewith shall remain in full force and effect.
SECTION XII
The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not
be construed as abandoning any action now pending under or by virtue of such ordinance; nor
shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or
to accrue, nor as effecting any rights of the municipality under any section or provisions of any
ordinances at the time of passage of this ordinance.
DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this
9th day of August, 1994.
ames D. Swartz
\. Mayor
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A1TIST: ~~ .1{~~
Mary Ni hol
,.' .City., Secretary
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SERVICES PLAN
FOR
PROPERTIES IDENTIFIED FOR
POSSIBLE ANNEXATION
JULY 1994
SERVICES PLAN FOR PROPERTIES PROPOSED FOR ANNEXATION
The following constitutes the "Services Plan" (as required by ~43.056 of the Texas Local
Government Code) pertaining to the properties identifIed for possible annexation by City of
Wylie Ordinance No. 94-17. The plan applies collectively to all seventeen of the properties
proposed for annexation unless otherwise indicated.
The City anticipates full provision of all municipal services to the annexed areas within
the allowed time of four and one-half years following the annexation.
PART I.
SERVICES TO BE PROVIDED BY OCTOBER 8, 1994
A. General
The following services will be provided to all of the annexed properties within 60 days
following the effective date of the annexation:
1) Police Protection;
2) Fire Protection;
3) Solid Waste Collection;
4) Maintenance of Water and Waste Water Facilities (except those facilities which are
within the service area of another water or waste water facility); !
5) Maintenance of Roads and Streets (including road and street lighting and excluding
State Roads);!
6) Maintenance of Parks, Playgrounds, and Swimming Pools;!
7) Maintenance of Any Other Publicly owned facility, building, or service; !
1 Applies only if the indicated illprovements are presently in existence in the annexed areas.
B. Detail Of Services To Be Provided
1. POLICE PROTECfION
The City of Wylie, Texas, and its Police Department will provide police protection to the
newly annexed areas at the same or similar level of service now being provided to other areas
of the City of Wylie, Texas, with similar topography, land use and population within the newly
annexed area.
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2. FIRE PROTECTION AND AMBULANCE SERVICE
The City of Wylie, Texas, and its Fire Department will provide fIre protection and
ambulance service to the newly annexed tract at the same or similar level of service now being
provided to other areas of the City of Wylie, Texas, with similar topography, land use and
population within the City. Further, the City of Wylie Fire Department and Ambulance Service
will respond to all dispatched calls and requests for service or assistance within the newly
annexed area.
3. SOLID WASTE COLLECTION
At the present time the City of Wylie, Texas, is using a designated, specific contractor
for collection of solid waste and refuse within the city limits of the City of Wylie, Texas. Such
contract for solid waste collection is with Browning-Ferris Industries (BPI). Upon payment of
any required deposits and the agreement to pay lawful service fees and charges, solid waste
collection will be provided to citizens in the newly annexed area to the extent that the City's
contractor has access to the area to be serviced,
4. MAINTENANCE OF WATER AND WASTE WATER FACILITIES
Any and all water or waste water facilities owned or maintained by the City of Wylie,
Texas, at the time of the proposed annexation shall continue to be maintained by the City of
Wylie, Texas. Any and all water or waste water facilities which may be acquired subsequent to
the annexation of the proposed area shall be maintained by the City of Wylie, Texas, to the
extent of its ownership. The now existing water line mains at their existing locations shall be
available for point of use extension based upon the City's standard water extension policies now
existing or as may be amended. The City Council of the City of Wylie, Texas, believes that
septic systems can adequately accommodate the raw sewage in the area proposed to be annexed,
until such time as the properties hook onto the City's waste water system.
5. MAINTENANCE OF ROADS AND STREETS
Any and all roads, streets or alleyways which have been dedicated to the City of Wylie,
Texas, or which are owned by the City of Wylie, Texas, shall be maintained to the same degree
and extent that other roads, streets and alleyways are maintained in areas with similar
topography, land use and population density. Any and all lighting of roads, streets and alleyways
which may be positioned in a right-of-way, roadway or utility company easement shall be
maintained by the applicable utility company servicing the City of Wylie, Texas, pursuant to the
rules, regulations and fees of such utility.
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6. MAINTENANCE OF PARKS. PLAYGROUNDS AND SWIMMING POOLS
The City is not aware of the existence of any parks, playgrounds or public swimming
pools now located in the area proposed for annexation. In the event any such parks, playgrounds
or swimming pools do exist and are public facilities, the City of Wylie, Texas, will maintain
such areas to the same extent and degree that it maintains parks, playgrounds and swimming
pools and other similar areas of the City now incorporated in the City of Wylie, Texas.
7. MAINTENANCE OF ANY PUBLICLY OWNED FACILITY. BUILDING OR
MUNICIPAL SERVICE
The City Council of the City of Wylie, Texas, is not aware of the existence of any
publicly owned facility, building or other municipal service now located in the area proposed for
annexation. In the event any such publicly owned facility, building or municipal service does
exist and are public facilities, the City of Wylie, Texas, will maintain such areas to the same
extent and degree that it maintains publicly owned facilities, buildings or municipal services of
the City now incorporated in the City of Wylie, Texas.
PART II.
SERVICES TO BE PROVIDED WITHIN FOUR AND ONE-HALF YEARS
(Construction To Commence Within Two and One-Half Years)
A. POLICE PROTECTION. FIRE PROTECTION & SOLID WASTE
COLLECTION
The City Council of the City of Wylie, Texas, finds and determines it to be unnecessary
to acquire or construct any capital improvement within 21h years of the effective date of the
annexation of the particular annexed area for the purposes of providing police protection, fire
protection or solid waste collection. The City Council finds and determines that it has at the
present time adequate facilities to provide the same type, kind and level of protection and service
which is presently being administered to other areas already incorporated in the City of Wylie,
Texas, with the same or similar topography, land use and population density.
B. WATER AND WASTE WATER FACILITIES
All extensions and hook ups will be pursuant to the City's standard water and waste water
extension policies as the same currently exist or are hereafter amended. Please note City
Ordinance 90-9 (copy attached) which requires the property owner to pay for cost of extending
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service when existing service is within 500 feet of the subject property.
Tracts 1 and 2 (1305 and 1102 S. Ballard):
There is an existing 12" water line across Ballard on West side which the owners of these
tracts could tie into. There is an existing sewer line on the south side of Stoneybrook,
approximately 450 feet to the North which could be accessed. An alternate waste water tie on
would be in the unplatted Southplace Subdivision as and when the same is developed and placed
on City system, this subdivision is adjacent to the subject properties immediately to the East.
In either case the cost of tying on to the City's existing water and waste water lines would
be the responsibility of the owners under the City's policy, as created by Ordinance 90-9, to have
the owner pay for all required extensions where existing line is within 500 feet of property.
TRACT 3 (1012 E. Brown):
There is an existing 8" waterline across Brown Street to the North (approximately 20 feet)
which the owner of this tract could tie into. There is an existing 12" sewer line approximately
50 feet to the East which could be accessed.
The cost of tying on to the City's existing water and waste water lines would be the
responsibility of the owners under the City's policy, as created by Ordinance 90-9, to have the
owner pay for all required extensions where existing line is within 500 feet of property.
TRACT 4 (930 E. Brown):
There is an existing 2" waterline across Brown Street to the North (approximately 20 feet)
which the owner of this tract could tie into. There is an existing 15" sewer line approximately
150 feet to the East which could be accessed.
The cost of tying on to the City's existing water and waste water lines would be the
responsibility of the owners under the City's policy, as created by Ordinance 90-9, to have the
owner pay for all required extensions where existing line is within 500 feet of property.
TRACTS 5 and 6 (712 and 702 Lynda Lane):
Both tracts lie within the jurisdiction of Wylie Northeast Water Supply Corporation and
should be receiving water service from the said WSC. The WSC jurisdiction and right to serve
the properties would continue following annexation, unless and until the City would receive
authority to expand its Certificate of Convenience and Necessity to include these areas. The City
does not presently anticipate any such expansion.
The nearest waste water line is located on the East side of Eubanks approximately 550
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feet south of Tract V and 300 feet South of Tract VI. The City proposed to have the cost of
extending the line to each of the properties shared equal between the parties, The basis of the
proposal being that the City's extension policy, as established in Ordinance 90-9 is for the owner
to pay for the cost of extension if the existing line is within 500 feet. In this instance the line is
within 500 feet of Tract VI and therefore would be extended to the property by the owner, at
which time the line would then be within 500 feet of Tract V who would only have responsibility
to pay for a small extension. Therfore it is more equitable for the tracts to share in the cost of
the extension.
TRACTS 7 and 8 (331 Hooper Rd.):
There is an existing 8" water line approximately 200 feet from the NW corner of the
Tracts which the owners of the tracts could tie into. There is an existing 8" sewer line
approximately 30 feet to the West across Hooper Road which could be accessed.
The cost of tying on to the City's existing water and waste water lines would be the
responsibility of the owners under the City's policy, as created by Ordinance 90-9, to have the
owner pay for all required extensions where existing line is within 500 feet of property.
TRACT 9 (1250 W. Brown):
There is an existing 8" water line on the south side of Brown Street (same side property
is located on) as well as a 12" line on the north side of Brown Street, thus the City does not need
to do anything further to provide water service to the property.
The nearest waste waster line is approximately 1,200 feet to the East in the Westgate
Subdivision. For various reasons the City does not deem it practical to access this line.
Consequently is will be necessary to construct a waste water line to service the area. The City
anticipates construction of a line along Brown Street which would run to the southwest to connect
into existing main in the NE quadrant of the intersection of FM 1378 and FM 544. The City
anticipates commencing construction of this line during the spring and summer months of 1996
and completion in not more than two years thereafter. The construction could begin sooner if
the property on the north side of Brown Street is begins development.
The property owner could then access this line at their expense.
TRACT 10 (725 W. Brown):
There are presently 6" and 8" water lines available, as well as an 8" waste water line,
in Westgate Subdivision which is adjacent to the property. The City does not need to do
anything further to provide water and waste water service to this property. All expenses of tying
on to the water and waste water utilities would be borne by owner.
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TRACTS 11 and 12 (1320 and 1310 W. Brown)
There is presently an 8" water line on the South side (same side as subject tract) of Brown
Street which could serve the properties. The City does not need to do anything further to
provide water service. The cost of hook up would be on the owners.
The nearest waste water line is approximately 2,300 feet east in the Westgate Subdivision.
For various reasons the City does not deem it practical to access this line. Consequently is will
be necessary to construct a waste water line to service the area. The City anticipates construction
of a line along Brown Street which would run to the southwest to connect into existing main in
the NE quadrant of the intersection of FM 1378 and FM 544. The City anticipates commencing
construction of this line during the spring and summer months of 1996 and completion in not
more than two years thereafter. The construction could begin sooner if the property on the north
side of Brown Street is begins development.
The property owner could then access this line at their expense
TRACTS 13 and 14 (lying south of but not adjacent to 1300-1500 Blk of W. Brown):
These properties would be served by the 8" water line running on the south side of Brown
Street. Tract 14 (TU Electric) borders Brown Street therefore the City would have no further
responsibility in provision of water service. Tract 13 lies approximately 600 feet south of W.
Brown Street and would require extension of the line south from Brown Street. The City would
be responsible for one-sixth of the cost of the extension, including any easement costs.
The nearest waste water line is approximately 2,200 feet east in the Westgate Subdivision.
For various reasons the City does not deem it practical to access this line. Consequently is will
be necessary to construct a waste water line to service the area. The City anticipates construction
of a line along Brown Street which would run to the southwest to connect into existing main in
the NE quadrant of the intersection of FM 1378 and FM 544. The City anticipates commencing
construction of this line during the spring and summer months of 1996 and completion in not
more than two years thereafter. The construction could begin sooner if the property on the north
side of Brown Street is begins development.
The property owner could then access this line at their expense
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TRACT 15 (2700 Block of W. FM 544):
There is presently existing an 8" water line and an 8" waste water line at the west
property line and therefor the City needs to do nothing further to provide water and waste water
service to the property. The expense of tying on would be the responsibility of the owner.
TRACT 16 (2722 W. FM 544):
An 8" water line is located on the south side (same side as property) of FM 544,
approximately 150 feet to the west. There is an 8" waste water line 200 feet to the west.
Since the existing lines are within 500 feet of the property the City has no further
responsibility to extend the lines.
TRACT 17 (2710 W. FM 544):
The property would receive water service from a 12" stub out located adjacent to the east
property line. Waste water service would be provided from an 8" line along west side of Hooper
Road (same side as property) adjacent to the east.
The City would have no further responsibility to extend either of these utility services and
tie on would be at owners expense.
C. ROADS AND STREETS
Within 21h years from the date of the annexation of the proposed area, the City of Wylie,
Texas, with a cooperative effort of the City's designated utility company, will undertake to
provide the same degree of road and street lighting as is provided in areas of similar topography,
land use and population density within the present corporate limits of the City of Wylie, Texas.
Maintenance of properly dedicated roads and streets will be consistent with the maintenance
provided by the City to other roads and streets in areas of similar topography, land use and sub-
development of the annexed property, the developers will be required pursuant to the ordinances
of the City of Wylie, Texas, to provide internal and peripheral streets and to construct those
streets in accordance with the specifications required by the City of Wylie, Texas, for a properly
dedicated street.
D. MAINTENANCE OF PARKS. PLAYGROUNDS, AND SWIMMING POOLS, AND
THE MAINTENANCE OF ANY OTHER PUBUCLY OWNED FACILITY,
BUILDING OR SERVICE
To the extent that it becomes necessary because of development demands, population
growth, and a bona fide need, the City Council of the City of Wylie, Texas, will undertake to
provide any such facility which it deems necessary to adequately provide for the health and safety
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of the citizens of the newly incorporated area based upon the standard considerations of
topography, land use and population density.
PART III.
MODI FICA TIONS, ADOPTION AND FINDINGS
The above and foregoing plan is a proposal on the part of the City of Wylie concerning
provision of City services to the areas to be annexed. The plan is subject to change, pending
information received at public hearing. The fInal version of the Services Plan will be approved
and adopted as part of any annexing ordinances that are passed.
It is the City's intention that this plan fully comply with all requirements of ~3.056 of
the Local Government Code. The City anticipates that the plan will be finally structured in a
fashion so as to allow the City Council, incident to approval of the Services Plan, to make the
following fIndings:
I. That this proposed Service Plan will not provide any fewer services, and it will not
provide a lower level of service in the area proposed to be annexed than were in existence in the
proposed area at the time immediately preceding the annexation process.
2. That the rural nature of the area is characteristically different from other more highly
developed areas within the corporate limits of the City of Wylie, Texas. Consequently, because
of the differing characteristics of topography, land utilization and population density, the service
levels which may ultimately be provided in the newly annexed area may differ somewhat from
services provided other areas of the City of Wylie, Texas. These differences are specifIcally
dictated because of differing characteristics of the property and the City of Wylie, Texas, will
undertake to perform consistent with this contract so as to provide this newly annexed area with
the same type, kind and quality of service presently enjoyed by the citizens of the City of Wylie,
Texas, who reside in areas of similar topography, land utilization and population.
Submitted and filed with the City Secretary this 11 th day of July, 1994, at J: 0 0 cfuck
By
p.m.
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THE WYLIE NEWS
P.O. Box 369
Wylie~ Texas 75098
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock, of THE WYLIE
NEWS, a newspaper regularly published in Collin County, Texas and having general circulation in Collin
County, Texas, who being by me duly sworn deposed and says that the forgoing attached
CITY OF WYlLIE - O~dinan~e~: 94-21;94-22;94-23;94-24;94-25;94-26;94-27;
94-28;94-29;94-30;94-31;94-32;94-34
Au.qu.~t 24
, 1994 and
, 1994.
Subscribed and sworn to before me this the )
to certify which witness my hand and seal of office.
day of -Sip \1 Tn YJL\_c
, 1994
'\\\~j\,.}~,uJ \~ tt/I?
,\ Ma~~ctCook
Notary Public in and for
The State of Texas
My Commission Expires 9-24-97
.
Serving Wideawake Wylie Since 1947
ORDINANCE NO 94.23
AN ORDI~~ANCEll OF THE CITY
OF WYLIE, TEXAS, ANNEXlNG
TERRITORY ADJACENT AND
CONTIGUOUS TO Tll.E CIty
OF WYLIE, TEXAS' Fl\.lt\l\.lG
Tl-IA TALL NE ' l~Ul~
REQUIRED L~~SSA.RY ANn
TIONs HA V AL CONnI~
FlED; PROVlD~~~N SATIS.
AREA SHALL ATSUClI
PART OF THE ClT:ECOME A
THE OWNE ANn THAT
TANTS THE Rs AND INHAlJI.
ENTITLED /EOF SHALL BE
PRIVILEGES 0 THE RIGHTS,
BILITIES OF oi!"D RESPONSI_
ANn BE BO HER CITIZENs
AND ORDI~ By THE ACTS
EFFECT AND CEs NoW IN
HEREINAFTER AS MA Y BE
REPEALING A ADOPTED_
ING ORDINANc~L CONFLICT:
ING A S; CONTAIN.
CLAUSE_ A.~;;YERA.BILITY
FOR AJ\(E~EC"M PROYIDING
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