HomeMy Public PortalAbout12-16-1985 2(53
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PROCEEDINGS OF THE COMMON COUNCIL OF THE
CITY OF RICHMOND, INDIANA, DECEMBER 16, 1985
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1 The Common Council of the City of Richmond, Indiana, met in regular session
2 December 16, 1985 at the hour of 7:30 P.M. in the Council Chambers in
3 said City. President Williams presided with the following members present:
4 Councilmembers Elstro, Brookbank, Hankinson, Whitesell, Parker, Bodiker,
5 Lemoine and Morris. Absent: None. The following business was had to-wit:
6
7 PLEDGE OF ALLEGIANCE
8
9 SILENT DEVOTIONS
10
11 APPROVAL OF MINUTES OF DECEMBER 2, 1985
12
13 Councilmember Hankinson moved to approve the minutes of the previous meeting
14 as prepared, seconded by Councilmember Brookbank and on unanimous voice
15 vote the motion was carried.
16
17 COMMUNICATIONS FROM THE MAYOR
18
19 Mayor Frank H. Waltermann commented on the Centennial Celebration for
20 Glen Miler Park and how fortunate the community was to have this park
21 still in use and in excellent condition.
22
23 Mayor Waltermann also announced the receipt by the City of a 500,000.00
24 grant from the Indiana Depai Laent of Commerce to be used for rent-rehab
25 and a Home Equity Conversion program for the elderly. Mayor Waltermann
26 asked City Clerk Mary Merchanthouse to explain the Home Equity Conversion
27 Program in more detail.
28
29 Ms. Merchanthouse explained that the funds would be used for loans to
30 persons age 60 and over against the equity in their homes. Only those
31 living in their homes would be eligible and the loans could be used for
32 repairs or for living expenses and would be payable to the City at the
33 time of sale of the property or settlement of the estate. The program
34 will be administered through the City's Revolving Loan Fund Board.
35
36 President Williams asked about persons living outside the Enterprise Zone
37 and if they would be eligible for the Home Equity Program. Ms.
38 Merchanthouse stated that the grant had addressed this issue with the
39 matching funds portion of the grant.
40 •
41 REPORTS FROM SPECIAL COM IITTEEESS
42
43 Public Works and Safety
44
45 Councilmember Bodiker stated that he was a member of this committee and
46 had heard some concern expressed over people living on the streets in
47 the community.
48
49 City Clerk, Mary Merchanthouse explained to Councilmember Bodiker that
50 the problem of transient shelter had been addressed by the community and
51 vouchers were available through the Trustees Office, Salvation Army •and
52 the Police Department for emergency shelter for transients. She did
53 indicate that problems did exist with emergency shelter in the community.
54
55 President Williams stated that the Housing Authority should be scrutinized
56 and better emergency shelter should be provided by them since it was their
57 responsibility.
58
59 REPORT FROM STANDING COMMITTEES
60
61 Reid Hospital
62
63 Councilmember Brookbank reported that she had attended a meeting of the
64 Hospital Board that day and was unable to prepare a report for the Council,
65 but she would have a report at the next meeting.
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• Cunmon Council Minutes Cont'd
December 16, 1985
Page 2
1 Park Board
2
Councilmember Bodiker reported on the Park Master Plan and stated that fee
4 structures would be arranged in January or February.
Plan Commission
: Councilmember Morris announced the Plan Commission meeting to be held on
• December 18, 1985 at 7:30 P.M. in the Council Chambers.
11
1 Enterprise Zone Board
1
1 Councilmember Brookbank informed the Council that Mr. Ron Routson was the
14 new Chairman of the Urban Enterprise Zone Board. She also stated that 50%
1 of funds raised by the Board through "in lieu of taxes" payments will go to
l: the Revolving Loan Fund.
1
1: Councilmember Lemoine reminded the Council that an appointment had to be made
1' to the Urban Enterprise Zone Board and moved to nominate Georgia Tharp, owner
21 of Heritage Book Store, to the Urban Enterprise Zone Board, seconded by
2 Councilmember Morris and on unanimous voice vote the motion was carried.
2
2 MISCELLANEOUS BUSINESS
2'
2` President Williams stated that he was still receiving the names of persons
2. interested in serving on the Telecommunications Council and would hopefully
2 be able to make that appointment at the next Council meeting.
2:
2• RESOLUTIONS
31
3 Councilmember Morris moved to suspend the rules and read Resolution No. 19-
3 1985 by title only, seconded by Councilmember Bodiker and on unanimous voice •
3 vote the motion was carried.
3A
3` RESOLUTION NO. 19-1985
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3 The Clerk read by title only Resolution No. 19-1985 - A RESOLUTION OF THE
3 COMMON COUNCIL OF THE CITY OF RICHMOND, INDIANA TO INDUCE JOHN F. ANDERSON,
3° JR. AND KEVIN SEITZ AND PROVIDING FOR THE ACQUISITION, CONSTRUCTION, AND
41 EQUIPPING OF AN ECONOMIC DEVELOPMENT FACILITY LOCATED WITHIN THE
4 BOUNDARIES OF THE ISSUER AND TO UNDERTAKE TO SETT, AND DELIVER REVENUE BONDS
4 ' TO PAY THE COSTS THEREOF., AND OTHER MATTERS RELATING THERETO.
4
4' Speaking for Resolution No. 19-1985 was Mr. Andrew Cecere, Attorney at Law,
4', located at 101 South 10th Street in Richmond. Mr. Cecere told the Council
4. that Mr. Anderson and Mr. Seitz wanted to located a manufacturing machine
47 die casting plant in Richmond on ten (10) to twelve (12) acres of ground at
4: the U.S. 35 and I 70 interchange. Mr. Cecere stated a 45,000 square foot
4° building would be constructed and they would start with 75 to 80 employees
50 and within two (2) years would hopefully expand to 150 employees.
5
5 Mr. Cecere stated the cost of the construction would be 3,000,000.00+
5 and that Mr. Anderson and Mr. - Seitz had worked very closely with the
5/ Economic Development Director, Bill McDermott regarding locating in
5' Richmond and made the contact through Mr. McDermott's direct mail campaign.
5.
5 . Councilmember Bodiker asked about the use of magnesium and if it would create
5: an undue burden on public safety or sanitation.
5°
60 Mr. Kevin Seitz informed the Council that they will be using aluminum and
6 zinc initially and possibly magnesium in the future, but no danger exists
6 from the use of the magnesium
6 ,
6' Councilmember Elstro moved for adoption of Resolution No. 19-1985, seconded
6' by Councilmember Parker and on unanimous voice vote the motion was carried.
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Common Council Minutes Cont'd
December 16, 1985
Page 3
1 Councilmember Parker commented that he would like to see as much local
2 labor as possible involved in the construction and Mr. Seitz assured
3 Mr. Parker that would be done.
11/ 4
5 ORDINANCES
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7 ORDINANCES ON FIRST READING
8
9 Councilmember Morris moved to suspend the rules and read Ordinances No.
10 132, 133, 134, 135 and 136-1985 on first reading by title only, seconded
11 by Councilmember Whitesell and on unanimous voice vote the motion was
12 carried.
13
14 ORDINANCE NO. 132-1985
15
16 The Clerk read on first reading by title only Ordinance No. 132-1985 -
17 AN ORDINANCE AMENDING CHAPTER 154 OF THE MUNICIPAL CODE BEING ORDINANCE
18 NO. 2325-1968, COMMONLY KNOWN AS THE ZONING ORDINANCE OF THE CITY OF RICHMO r,
19 INDIANA, PROVIDING FOR THE REZONING OF PROPERTY LOCATED AT 21 SOUTH 14TH
20 STREET FROM R-3 ONE-TO-EIGHT FAMILY RESIDENCE TO R-3 ONE-TO-EIGHT FAMILY
21 RESIDENCE SPECIAL USE DISTRICT AND AUTHORIZING THE SPECIAL USE OF SAID
22 PROPERTY AS A RESIDENTIAL GROUP HOME.
23
24. President Williams assigned Ordinance No. 132-1985 to the Plan Commission
25 for public hearing.
26
27 TRANSFER ORDINANCE NO. 133-1985
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29 The Clerk read on first reading by title only Transfer Ordinance No. '
30 133-1985 - AN ORDINANCE TO TRANSFER WITHIN THE PUBLIC TRANSIT FUND.
31
32 Councilmember ELstro moved to suspend the rules and move Ordinance No.
33 133-1985 to second reading, seconded by Councilmember Whitesell and on
34 unanimous voice vote the motion was carried.
35 The Clerk read Ordinance No. 133-1985 on second reading. •
36 President Williams announced Ordinance No. 133-1985 was on public hearing.
37
38 Mr. David Stevens of Porterfield Avenue asked about kind of uniforms were
39 furnished. Ms. Janet Sams, Manager of Rose View Transit, stated that
40 the uniforms consisted of one (1) jacket five (5) sets of shirts and pants.
41
42 There being no further discussion, Councilmernber Morris moved for engrossmen
43 of Ordinance No. 133-1985, seconded by CouncilmeMber Whitesell and on
44 unanimous voice vote the motion was carried.
45
46 Councilmember Lemoine moveed to suspend the rules and move Ordinance No.
47 133-1985 to third and final reading and read by title only, seconded by
48 Councilmember Morris and on unanimous voice vote the motion was carried.
49
50 The Clerk read on third and final reading by title only Transfer Ordinance
51 No. 133-1985 - AN ORDINANCE TO TRANSFER WITHIN THE PUBLIC TRANSIT FUND.
52
53 Ordinance No. 133-1985 was adopted on the following call of the roll:
54
55 • Ayes: Elstro, Brookbank, Hakinson, Whitesell, Parker, Bodiker, Lemoine,
56 Morris and Williams (9)
57 Nays: None
58
59 TRANSFER ORDINANCE NO. 134-1985
60
61 The Clerk read on first reading by title only Transfer Ordinance No.
62 134-1985 - AN ORDINANCE TO TRANSFER WITHIN THE GENERAL FUND - MAYOR'S
63 OFFICE.
64
65 Councilmember Morris moved to suspend the rules and move Ordinance No.
2. 0
Cuiuuon Council Minutes Cont'd
December 16, 1985
Page 4
1 134-1985 to second reading, seconded by Councilmember Elstro and on unanimo
2 voice vote the motion was carried.
3
4 The Clerk read on second reading Transfer Ordinance No. 134-1985 - AN ORDI CE
5 TO 'TRANSFER WITHIN THE GENERAL FUND - MAYOR'S OFFICE.
6
7 President Williams announced Ordinance No. 134-1985 was on public hearing.
8
9 The Clerk explained the Ordinance was to transfer funds within the Mayor's
10 Office to pay for telephone bills and printing charges.
11
12 There being no further discussion, Councilmember Elstro movedd for engrossm- t
13 of Ordinance No. 134-1985, seconded by Councilmember Hankinson and on unan' pus
14 voice vote the motion was carried.
15
16 Councilmember Elstro moved to suspend the rules and move Ordinance No. 134-
17 1985 to third and final reading and read by title only, seconded by Councilm .er
18 Morris and on unanimous voice vote the motion was carried.
19
20 The Clerk read on third and final reading by title only Transfer Ordinance
21 No. 134-1985 - AN ORDINANCE TO TRANSFER WITHIN THE GENERAL FUND - MAYOR'S
22 OFFICE.
23
24 Ordinance No. 134-1985 was adopted on the following call of the roll:
25
26 Ayes: Elstro, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine,
27 Morris and Williams (9)
28 Nays: None
29
30 TRANSFER ORDINANCE NO. 135-1985
31
32 The Clerk read on first reading by title only Transfer Ordinance No. 135- C
33 1985 - AN ORDINANCE TO TRANSFER WITHIN THE GENERAL FUND - BOARD OF WORKS.
34
35 Councilmember Morris moved to suspend the rules and move Ordinance No. 135-
36 1985 to second reading, seconded by Councilmember Brookbank and on unanimous
37 voice vote the motion was carried.
38
39 The Clerk read on second reading Transfer Ordinance No. 135-1985 - AN
40 ORDINANCE TO TRANSFER WITHIN THE GENERAL FUND - BOARD OF WORKS.
41
42 President Williams announced Ordinance No. 135-1985 was on public hearing.
43
44 The Clerk explained the ordinance was to transfer funds within the Board of
45 Works accounts to pay utility bills and legal advertising costs.
46
47 There being no further comment, Councilmember Elstro moved for engrossment
48 of Ordinance No. 135-1985, seconded by Councilmember Hankinson and on
49 unanimous voice vote the motion was carried.
50
51 Councilmember Elstro moved to suspend the rules and move Ordinance No. 135-1°85
52 to third and final reading and read by title only, seconded by Councilmember
53 Whitesell and on unanimous voice vote the motion was carried.
54
55 The Clerk read on third and final reading by title only Transfer Ordinance
56 No. 135-1985 - AN ORDINANCE TO TRANSFER WITHIN THE GENERAL FUND - BOARD OF
57 WORKS.
58
59 Transfer Ordinance No. 135-1985 was adopted on the following call of the rol
60
61 Ayes: Elstro, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine,
62 Morris and Williams (9)
63 Nays: None
64
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Common Council Minutes Cont'd
December 16, 1985
Page 5
1 ORDINANCE NO. 136-1985
2
3 The Clerk read on first reading by title only Ordinance No. 136-1985-
11/ 4 AN ORDINANCE ESTABLISHING THE HOLIDAYS FOR CITY EMPLOYWS NOT COVERED
5 BY UNION CONTRACT, WORKING AGREEMENTS OR OTHER GOVERNING BOARDS FOR THE
6 YEAR 1985.
7
8 Councilmember Morris moved to suspend the rules and move Ordinance No.
9 136-1985 to second reading, seconded by Councilmember Whitesell and on
10 unanimous voice vote the motion was carried.
11
12 The Clerk read on second reading Ordinance No. 136-1985 - AN ORDINANCE
13 ESTABLISHING THE HOLIDAYS FOR CITY EMPLOYEES NOT COVERED BY UNION CONTRACT,
14 WORKING AGREEMENTS OR OTHER GOVERNING BOARDS FOR THE YEAR 1985.
15
16 President Williams announced Ordinance No. 136-1985 was on public hearing.
17
18 Mr. Barden explained that the ordinance ratifies the action of the Board
19 of Works in establishing paid holidays for city employees and must be
20 set by ordinance for auditing purposes.
21
22 There being no further discussion, Councilmember Hankinson moved for
23 engrossment of Ordinance No. 136-1985, seconded by Councilmember Elstro
24 and on unanimous voice vote the motion was carried.
25
26 Councilmember Lemoine moved to suspend the rules and move Ordinance No.
27 136-1985 to third and final reading and read by title only, seconded
28 by Councilmember Morris and on unanimous voice vote the motion was carried.
29
30 The Clerk read on third and final reading by title only, Ordinance No.
31 136-1985 - AN ORDIANCE ESTABLISHING THE HOLIDAYS FOR CITY EMPLOYH:H,S NOT
32 COVERED BY UNION CONTRACT, WORKING AGREEMENTS OR OTHER GOVERNING BOARDS
33 FOR THE YEAR 1985.
34
35 Ordinance.No. 136-1985 was adopted on the following call of the roll:
36
37 Ayes: Elstro, Brookbank, Hankinson, Whitesell, Parker, Bodiker, Lemoine,
38 Morris and Williams (9)
39 Nays: None
40
41 ORDINANCES ON SECOND READING
42
43 Councilmember Morris moved to suspend the rules and place Ordinance No.
44 84-1985 on second reading, seconded by Councilmember Elstro and on unanimous
45 voice vote the motion was carried.
46
47 ORDINANCE NO. 84-1985
48
49 The Clerk read on second reading Ordinance No. 84-1985 - AN ORDINANCE
50 ESTABLISHING A GENERAL IMPROVEMENT FUND TO BE USED TO CONSTRUCT, REPAIR,
51 OR IMPROVE STREETS, ALLEYS, SIDEWALKS, CURBS, GUTTERS, AND SEWERS.
52
53 Mr. Barden examined the Proof of Publication and found it to be in order.
54 Councilmember Whitesell moved to accept and file the Proof of Publication,
55 seconded by Councilmember Brookbank and on unanimous voice vote the motion
56 was carried.
57
58 President Williams announced Ordinance No. 84-1985 was on public hearing.
59 -
60 Mr. Barden asked the Council to amend the ordinance by adding "reasonable
61 appurtenances in paragraph 1 and 2A and correct spelling in paragraph
62 3. He explained that this language will allow such other items as trees
. 63 and shrubs to be removed and replaced.
64
65 Councilmember Whitesell moved to amend Ordinance No. 84-1985 as requested,
Common Council Minutes Cont'd
December 16, 1985
Page 6
1 seconded by Councilmember Brookbank and on unanimous voice vote the motion
2 was carried.
3
4 Speaking for Amended Ordinance No. 84-1985 was Mr. Ralph Willis, Public Works
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5 Director. Mr. Willis stated that the City would continue to make general
6 improvements as budget will allow, but that the General Improvement Fund
7 will allow other repairs to be made.
8
9 President Williams stated he cannot support the ordinance since he feels the
10 city owes taxpayers services and low income persons cannot borrow money
11 to have sidewalks fixed.
12
13 Councilmember Hankinson moved for engrossment of Amended Ordinance No. 84-1985,
14 seconded by Councilmember Whitesell and on unanimous voice vote the motion
15 was carried.
16
17 Councilmember Lemoine moved to suspend the rules and move Amended Ordinance
18 No. 84-1985 to third and final reading and read by title only, seconded by
19 Councilmember Morris and on unanimous voice vote the motion was carried.
20 The Clerk read Amended Ordinance No. 84-1985 on third and final reading.
21 Amended Ordinance No. 84-1985 was adopted on the following call of the roll:
22
23 Ayes: Elstro, Brookbank, Hankinson, Whitesell, Bodiker, Lemoine and
24 Morris (7)
25 Nays: Parker and Williams (2)
26
27 AMENDED ORDINANCE NO. 129-1985
28
29 The Clerk read on second reading Ordinance No. 129-1985 - AN ORDINANCE REPEALING
30 SECTION 33.05 OF THE RICHMOND, INDIANA CODE OF ORDINANCES AND ADDING A NEW
31 SECTION 33.05.
32
33 Councilmember Bodiker moved to assign Ordinance No. 129-1985 to the Committee
34 of the Whole, seconded by Councilmember Elstro and on a voice vote with
35 Councilmember Lemoine voting no the motion was carried.
36
37 Mr. Barden explained the ordinance would not affect current negotiations, but
38 due to the recent court case and fact finding recommendations cannot be
39 binding.
40
41 Mr. Barden stated that the ordinance had been advertised for public hearing
42 tonight and found the Proof of Publication to be in order. Councilmember
43 Morris moved to accept and file the Proof of Publication, seconded by
44 Councilmember Brookbank and on unanimous voice vote the motion was carried.
45
46 Speaking on Ordinance No. 29-1985 was Mr. Mark Smith of the Fraternal Order
47 of Police. Mr. Smith urged the Council to take time with the ordinance and
48 work out any legal problems before bringing it back to the Council for actio .
49
50 AMENDED ORDINANCE NO. 130-1985
51
52 The Clerk read on second reading Amended Ordinance No. 130-1985 - AN ORDINANa
53 TO AMEND CHAPTER 122 TO THE RICHMOND CITY CODE AS IT APPLIES TO TRANSIENT
54 DEALERS.
55
56 Mr. Barden examined the Proof of Publication and found it to be in order.
57 Councilmember Parker moved to accept and file the Proof of Publication,
58 seconded by Councilmember Hankinson and on unanimous voice vote the motion
59 was carried.
60
61 Mr. Barden stated that this ordinance addresses loopholes in the original
62 transient vendor ordinance that have been discovered working with the
63 ordinance. He also requested the Council to make more amendments to the
64 ordinance.
65
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°Allmon Council Minutes Cont'd
December 16, 1985
Page 7
1 Councilmember Lemoine moved to have the proposed amendments incorporated
2 into Amended Ordinance No. 130-1985 and that it be brought back on second
3 reading for Council action, seconded by Councilmember Morris and on
4 unanimous voice vote the motion was carried.
5
6 Amended Ordinance No. 130-1985 will be brought back on second reading
7 at the next meeting of the Coiiu«on Council with the proposed amendments
8 added.
9
10 ORDINANCE NO. 131-1985
11
12 The Clerk read on second reading Ordinance No. 131-1985 - AN ORDINANCE
13 ESTABLISHING CHAPTER 11 OF THE RICHMOND CITY CODE AND REQUIRING THAT IN
14 THE EVENT A NEWSPAPER IS UNABLE TO PUBLISH AN ADVERTISEMENT OF LEGAL NOTICE
15 WHEN REQUESTED BY THE CITY IN A TIMELY FASHION PROMPT NOTICE SHALL BE
16 GIVEN TO THE CITY CLERK OF THE INABLILITY TO PUBLICH AND FURTHERMORE,
17 DESIGNATING THREE PROMINENT LOCATIONS FOR POSTING OF ADVERTISEMENT AND
18 LEGAL NOTICES IN LIEU OF PUBLISHING, AND PROVIDING FOR ALTERNATIVE LEGAL
19 ADVERTISING.
20
21 Mr. Barden examined the Proof of Publication and found it to be in order.
2 Councilmember Whitesell moved to accept and file the Proof of Publication,
23 seconded by Councilmember Parker and on unanimous voice vote the motion
2 was carried.
2
2 The City Clerk informed the Council that she had been working with the
2 Palladium to solve the problem with the legal advertisments and that III 1 2 arrangements are being made for a computer connection with the Palladium
29 to help with the problem. The Clerk requested the Council to table this
3 ordinance while details are being worked out.
3
37 Councilmember Morris moved to table Ordinance No. 131-1985, seconded by
331 Councilmember Parker and on unanimous voice vote the motion was carried.
34
35 ORDINANCES ON THIRD READING
JORDINANCE NO. 47-1985
3:
3° Councilmember Morris moved to suspend the rules and read Amended Ordinance
41 No. 47-1985 on third and final reading by title only, seconded by Council-
4 member Hankinson and on unanimous voice vote the motion was carried.
4,
4 The Clerk read on third and final reading by title only Amended Ordinance
4, No. 47-1985 - AN ORDINANCE TO REGULATE BURGLARY AND ROBBERY ALARM SYSTEMS.
4
4: Councilmember Whitesell stated that the need exists to control poorly
4 maintained alarm systems or carelessness. He also noted that much effort
4: has been put forth on this ordinance, but he feels it still needs work.
4•
51 Councilmember Hankinson stated that he agreed with Councilmember Whitesell.
5
5. Councilmember Morris asked Councilmembers Whitesell and Hankinson if they
5 would be willinc to rewrite the ordinance.
54
5` President Williams stated that he also could not support the ordinance
5 s in this form, but felt there was a need for the. ordinance. He requested
5 the ordinance be tabled to be reconsidered.
5:
5' Councilmember Parker asked if this ordinance could be tabled and another
61 one written and Mr. Barden stated their options were to table, strike
6 or to refer back to second reading.
6
6 Councilmember Brookbank moved to refer Amended Ordinance No. 47-1985 back
6' to second reading to be assigned to a special committee t work through
6' thenot itance, seconded .by Councilmember. Whitesell and on the following
.,
7()
Common Council Minutes Cont'd
December 16, 1985
Page 8
1 call of the roll the motion was adopted:
2
3 Ayes: Elstro, Brookbank, Whitesell, Parker and Williams (5)
4 Nays: Hankinson, Bodiker, Lemoine and Morris (4)
5
6 ADJOURNMENT
7
8 There being no further business, on a motion duly made, seconded and passed
9 the meeting was adjourned.
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13 Marion Williams, President
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16 ATTEST:
17 Mary Merchanthouse, City Clerk
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