04-88-Ordinance-Regulating Sexually Oriented Commerical Activites-04/04/1988ORDINANCE 04-88
AN ORDINANCE OF THE CITY OF SANDER, TEXAS, REGULATING
SEXUALLY ORIENTED COMMERCIAL ACTIVITIES: PROVIDING
DEFINITIONS: PROVIDING FOR THE ISSUING OF PERMITS FOR
SEXUALLY ORIENTED BUSINESSES, REGULATING ADVERTISING
OR DISPLAY OF A SEXUALLY ORIENTED COMMERCIAL ACTIVITY;
PROHIBITING SEXUALLY ORIENTED COMMERCIAL ACTIVITIES
NEARER THAN ONE THOUSAND (1,000) FEET FROM THE NEAREST
PROPERTY LINE OF ANY LINE IN ANY RESIDENTIAL ZONE, OR
ANY PUBLIC, PRIVATE, OR PAROCHIAL SCHOOL, LIBRARY, PARK,
PLAYGROUND, OR OTHER RECREATIONAL FACILITIES, WHETHER
COMMERCIAL OR NONPROFIT, IN ANY OTHER ZONE, OR NEARER
THAN ONE THOUSAND (11000) FEET FROM THE NEAREST PROPERTY
LINE OF ANY CHURCH, CONVENT, MONASTERY, SYNAGOGUE, OR
OTHER SIMILAR PLACE OF RELIGIOUS WORSHIP; PROVIDING
A SEVERABILITY CLAUSE: PROVIDING A PENALTY OF FINE NOT
TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00)
FOR THE VIOLATION OF SECTION IV(l) OF THIS ORDINANCE,
AND A SEPARATE OFFENSE SHALL BE DEEMED COMMITTED EACH
DAY DURING OR ON WHICH AN OFFENSE OCCURS OR CONTINUES:
PROVIDING A PENALTY OF FINE -OF TWO HUNDRED DOLLARS
($200.00) IN A VIOLATION OF ANY SECTION OF THIS ORDINANCE
OTHER THAN SECTION IV(1) AND A SEPARATE OFFENSE SHALL BE
DEEMED COMMITTED EACH DAY DURING OR ON WHICH A VIOLATION
OCCURS OR CONTINUES, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, ,The City Council of the City of Sanger, Texas makes
the following findings with regard to sexually oriented establish-
ments:
(1) Section 243,007 of the Local Governmental Code authorizes
general law cities to permit with regard to sexually
oriented establishments.
(2) Article 1015 of Vernon's Civil Statutes of the State
of Texas authorizes general law cities to enforce all
ordinances necessary to.protect health, life, and
property, and to preserve the good government, order,
and security of such cities and their inhabitants.
(3) Sexually oriented businesses require special supervision
from the public. safety agencies of the city in order to
protect and preserve the health, safety, and welfare
of the patrons of such businesses as well as the citizens
of the city.
(4) The City ,Council finds that sexually oriented businesses
are frequently used for unlawful sexual activities,
including prostitution and sexual liaisons of a casual
nature.
(5) The concern over. sexually transmitted disease is a
legitimate health concern of the city which demands
reasonable regulation of sexually oriented businesses
in order to protect the health and well-being of the
citizens.
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(6) The issuing of permits is a legitimate and reasonable
means of accountability to ensure that operators of
sexually oriented businesses comply with reasonable
regulations and to ensure that operators do not knowingly
allow their establishments to be used as places of
illegal sexual activity or solicitation.
(7) There is convincing documented evidence that sexually
oriented businesses, because of their very nature,
have a deleterious effect on both the existing businesses
around them and the surrounding residential areas
adjacent to them, causing increased crime and the
downgrading of property values.
(8) The City Council further finds that the police in
numerous other jurisdictions have made a substantial
number of arrests for sexually related crimes in sexually
oriented business establishments.
(9) It is recognized that sexually oriented businesses,
due to their nature have serious objectionable operational
characteristics particularly when they are located in
close proximity to each other, thereby contributing to
urban blight and downgrading the quality of life in
adjacent areas.
(10) The City Council desires to minimize and control these
adverse effects and thereby preserve the property values
and character of surrounding neighborhoods, deter the
spread of urban blight,.protect the citizens from
increased crime, preserve the quality of life, and
protect the health, safety, and welfare of the citizenry;
and further,
WHEREAS, the City Council makes the following findings with
regard to the issuing of permits to operators of sexually oriented
business establishments:
(T) The City Council believes it is in the interest of
public safety and welfare to prohibit persons convicted
of certain crimes from engaging in the occupation of
operating a sexually oriented business.
(2) The City.Council has determined that no person who has
been convicted of a crime listed in Section V(I),
as set forth in this ordinance, is presently fit to
operate a sexually oriented business until the respective
time periods designated in that section have expired.
(3) It is the intent of the City Council to disqualify a
person from being issued a sexually oriented business
permit by the City of Sanger if he has been convicted
within the designated time period of any of the crimes
listed in Section ••••V, as set forth in this ordinance;
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NOW, THEREFORE,
CITY OF SANGER:
SECTION I
BE IT ORDAINED BY THE CITY .COUNCIL OF THE
That the Code of Ordinances of the City of Sanger be, and the
same are hereby, amended by adding the following:
SECTION II. PURPOSE AND INTENT
It is the purpose of this article to regulate sexually oriented
businesses to promote the.health, safety, morals, and general welfare
of the citizens of.the city, and to establish reasonable and uniform
tiot th ns to prevene continued concentration of sexually
oriented businesses within the city. The provisions of this
article have neither the purpose nor effect of imposing a
Limitation or restriction on the content of any communicative
materials, including sexually oriented materials. It is also
to limit the display of such materials where they may be visible
to persons who have no desire to see them. Similarly, it is not
the intent nor effect of this article to restrict or deny access
by adults to sexually oriented materials protected by the First
Amendment, or to deny access by the distributors and exhibitors
of sexually oriented entertainment to their intended market.
regula
SECTION III. DEFINITIONS
(1) SEXUALLY ORIENTED COMMERICAL ACTIVITIES shall mean
commercial enterprises whose major business is the offer-
ing of a service which is intended to provide sexual
stimulation or sexual gratification to the customer,
including, but not limited to, massage parlors, nude
modeling studios, love parlors, adult bookstores, adult
video stores, adult motion picture theaters, adult
mini -motion picture theaters, adult cabaret, escort
agency, adult motels, and sexual encounter centers, and
such establishment is customarily not open to the public
generally, but only to one or more classes of the public
excluding any minor by reason of age.
(2) ADULT BOOKSTORE OR VIDEO STORE shall mean an establish-
ment having a substantial or significant portion of its
stock in trade, books, magazines, and other printed
matter, or photographs, films, motion pictures, video
cassettes or video reproductions, slides, and "peep
shows" of those items, which are distinguished or
characterized by their emphasis on pictorial or
photographic representatives of "specified sexual
activities" or "specified anatomical areas" (as defined
herein) or an establishment with a segment or section
devoted to the sale or display of such material. A
"significant or substantial portion" shall mean more
than one-third of the stock in trade or sales of the
described material in excess of five thousand dollars
($5,000.00) retail value per year.
(3) ADULT MOTION PICTURE THEATER shall mean an enclosed
building or outdoor screen presenting material distinguish-
ed or characterized by an emphasis on matter depicting,
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CITY SECRETARY
ORIGINAL Copy
describing or relating to "specified sexual
activities" or "specified.anatomical areas" (as
defined herein) for observation by patrons of such
establishments.
(4) ADULT CABARET means a nightclub, bar, restaurant, or
similar commercial establishment which regularly
features:
(a) persons who appear in a state of nudity; or
(b) live performances which are characterized by the
exposure of "specified -anatomical areas" or
"specified sexual activities", or
(c) films, motion pictures, video cassettes, slides,
or other photographic reproductions which are
characterized by the depiction or description
of "specified sexual activities" or "specified
anatomical areas."
(5) ESCORT AGENCY means a person or business association who
furnishes, offers to furnish, or advertises to furnish
escorts, as one of its primary business purposes, for
a fee, tip, or other consideration.
(6) NUDE MODEL STUDIO means any place where a person who
appears in a state of nudity or displays "specified
anatomical areas is provided to be observed, sketched,
drawn, painted, schulptured, photographed, or similarly
depicted by other persons who pay money or any form of
consideration.
(7) SEXUAL ENCOUNTER CENTER means a business or commercial
enterprise that, as one of its primary business
purposes, offers for any form of consideration:
(a) physical contact in the form of wrestling or
tumbling between persons of the opposite sex; or
(b) sexual activities between male and female persons
and/or persons of the same sex when one or more
of the persons in a state of nudity or semi-nude.
(8) ADULT MOTEL means a hotel, motel or similar commercial
establishment which:
(a) offers accommodations to the public for any form
of consideration; provides patrons with closed-
circuit television transmissions,, films, motion
pictures, video cassettes, slides, or„other
photographic reproductions which are characterized
by the depiction or description of "specified
sexual activities" or "specified anatomical areas";
and has a sign visible from the public right of
way which advertises the availability of this type
of photographic reproductions; or
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(b) offers a sleeping room for rent for a period of
time that is less than 10 hours; or
(c) allows a tenant or occupant of a sleeping room to
subrent the room for a period of time that is less
than 10 hours.
(9) SPECIFIED SEXUAL ACTIVITIES shall mean:
(a) human genitals in a state of actual or simulated
sexual stimulation of arousal,
(b) acts of human masturbation, sexual intercourse, or
sodomy,
(c) fondling or other erotic touching of human genitals,
public region, buttocks, or female breast;
(d) "sexual intercourse, "sexual contact," or "deviate
sexual intercourse" as defined in Section 21.01,
Texas Penal Code.
(10) SPECIFIED ANATOMICAL AREAS shall mean less than
completely covered human genitals, pubic region, buttocks,
and female breast below a point immediately above the
top of the areola.
SECTION IV. SEXUALLY ORIENTED COMMERCIAL ACTIVITIES - REGULATIONS
(1) No building permit or certificate of occupancy may be
granted for, and a person commits an offense if he
operates or causes to be operated, a sexually oriented
commercial activity nearer than one -thousand (1,000)
feet from the nearest property line of any land in any
residential zone, or any public, private, or parochial
school, day care center, library, park, playground, or
other recreational facility, whether commercial or
nonprofit, in any other zone, or any church, convent,
monastery, synagogue, or other similar place of religious
worship, or the property line of a lot devoted to
residential use.
(2) A person commits an offense if he operates a sexually
oriented business .without a valid permit, issued by the
City for the particular type of business.
(A) An application for a permit must be made on a form
provided by the City of Sanger. The application form
shall be sworn to and shall: (i) include the
name and address of the applicant: (ii) state
whether or not the applicant meets each of the
requirements set forth in Sec. IV of this`Ordinance;
(iii) the name and address of each person required
to, sign the application pursuant to Section IV(C)
of this Ordinance, and the name, address
and type of entity (if any) of each person or entity
owned or controlled by such persons which owns or
controls an interest in the business to be licensed;
and (iv) such other matters, consistent with this
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Ordinance, as may be specified. in the application
form. The application must be accompanied by a
sketch or diagram showing the configuration of the
premises, including a statement of total floor
space occupied by the business. The sketch or
diagram need not be professionally prepared but
must be drawn to a designated scale or drawn
with marked dimensions of the interior of the
premises to an accuracy of plus or minus six inches.
Applicants who must comply with Section IV(4) of
this article shall submit a diagram meeting the
requirement of Section IV(4).
(B) The applicant must be qualified according to the
provisions of this article and the premises must
be inspected and found to be in compliance with
the law by the health department, fire department,
and building official.
(C) If a person who wishes. to operate a sexually orient-
ed business is an individual, he must sign an
application for license as applicant. If a
person who wishes to operate a sexually oriented
business is other than an individual, each individual
who directly or indirectly through one or more
intermediaries, owns or controls a 10 percent or
greater interest in the business must sign and
submit, as an applicant, a separate application
containing all applicable information required by
Sec. IV •••(A) of this Ordinance. Each applicant
must be qualified under Section 000.V and each
applicant shall be considered the holder of a permit
if a permit is granted.
(3) No individual, proprietorship, partnership, corporation,
association, or other legal entity, whether as owner,
manager, operator, employee, or person in charge of an
establishment conducting sexually oriented commercial
activities shall cause, suffer, or permit any advertise-
ments, displays, or other promotional materials to be
shown or exhibited so as to be visible to the public
from pedestrian sidewalks or walkways or from other
public streets, alleys or areas, nor permit any building
opening, entry or window for any structure containing
a sexually oriented commercial activity to be located,
covered, or screened in such a manner as to permit a
view into the interior of such structure from any
public, semi-public or private area not a part of the
property of said structure.
(4) A person who operates or causes to be operated a
sexually oriented business, other than an adult motel,
which exhibits on the premises in a viewing room of
less than 150 square feet of floor space, a film, video
cassette, or other video reproduction which depicts
specified sexual activities or specified anatomical
areas, shall comply with the following requirements:
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CITY SECRETARY
ORIGINAL Cpy
(A) Upon application for a sexually oriented business
permit, the application shall be accompanied by a
diagram of the premises showing a plan thereof
specifying the location of one or more manager's
stations and the location of all overhead lighting
fixtures and designating any portion of the premises
in which patrons will not be permitted. A manager's
station may not exceed thirty-two (32) square feet
of floor area. The diagram shall also designate
the place at which the permit will be conspicuously
posted, if granted. A professionally prepared
diagram in the nature of an engineer's or architect's
blueprint shall not be required; however each
diagram should be oriented to the north or to some
designated street or object and should be drawn
to a designated scale or with marked dimensions
sufficient to show the various internal dimensions
of all areas of the interior of the premises to
an accuracy of plus or minus six inches. The City
Administrator may waive the foregoing diagram for
renewal applications.if.the applicant adopts a
diagram that was previously submitted and certifies
that the configuration of the premises has not
been altered since it was prepared.
(B) The application shall be sworn to be true and correct
by the applicant.
(C) No alteration in the configuration or location
of the manager's station may be made without the
prior approval of the City Administrator or his
designee.
(D) It is the duty of the owners and operator of the
premises to ensure that at least one employee
is on duty and situated in each manager's station
at all times that any patron is present inside the
premises.
(E) The interior of the premises shall be configured
in such a manner that there is an unobstructed view
from a manager's station of every area of the
premises to which any patron is permitted access
for any purpose excluding restrooms. Restrooms
may not contain video reproduction equipment. If
the premises has two or more manager's stations
designated, than the interior of the premises shall
be configured.in such a manner that there is an
unobstructed view of each area of the premises to
which any patron is permitted access for any
purpose from at least one of the manager's stations.
The view required in this subsection must be by
direct line of sight from the manager's station.
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(F) It shall be the duty of the owners and operator,
and it shall also be the duty of any agents and
employees present in the premises to ensure that
the view area specified in Subsection (5) remains
unobstructed by any doors, walls, merchandise,
display racks, or other materials at all times
that any patron is present in the premises and to
ensure that no patron is permitted access to any
area of the premises which has been designated
as an area in which patrons will not be permitted
in the application filed pursuant to Subsection (1)
of this section.
(G) The premises shall be equipped with overhead
lighting fixtures of sufficient intensity to
Illuminate every place to which patrons are
permitted access at an illumination of not less
than one (1.0) footcandle as measured at floor
level.
(H) It shall be the duty of the owners and operator
and it shall also be the duty of any agents and
employees present in the premises to ensure that
the illumination described above, is maintained at
all times that any patron is present in the premises.
(I) A person having a duty under Paragraph (A)
through (H) of Subsection (E) above commits an offense
if he/she knowlingly fails to fulfill the above
requirements.
(5) An additional regulation for an adult motel is if
evidence that a sleeping room in a hotel, motel, or
similar commercial establishment has been rented and
vacanted two or more times in a period of time that is
less than 10 hours creates a rebuttable presumption
that the establishment is an adult motel as that term is
defined in this article and a person commits an offense
if, as the person in control of a sleeping room in a
hotel, motel, or.similar commercial establishment
that does not have a sexually oriented business
permit, he rents or subrents a sleeping room to a person
and, within 10 hours from the time the room is rented,
he rents or subrents the same sleeping room again, and
(c) for purposes of subsection (b) of this section, the
terms, "rent" and "subrent" mean the act of permitting
a room to be occupied for any form of consideration.
SECTION V. ISSUANCE OF PERMIT
(1) The City Administrator shall approve the issuance of a
permit to an applicant or the transfer by an applicant.
of all or any part of his ownership or control of a
sexually oriented business within 30 days after receipt
of an application unless he finds one or more of the
following to be true:
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(A) An applicant is under 18 years of age.
(B) An applicant or an applicant's spouse is overdue
in his payment to the city of taxes, fees, fines,
or penalties assessed against him or imposed upon
him in relation to a sexually oriented business.
(C) An applicant has failed to provide information
reasonably necessary for issuance of the
permit or has falsely answered a question or
request for information on the application form.
(D) An applicant or an applicant's spouse has been
convicted of a violation of a provision of this
article, other than the offense of operating
a sexually oriented business without a license,
within two years immediately preceding the
application. The fact that a conviction is
being appealed shall have no effect.
(E) An applicant is residing with a person who has
been denied a permit by the city to operate a
sexually oriented business within the preceding
12 months, or residing with a person whose permit
to.operate a sexually oriented business has been
revoked with the preceding 12 months.
(F) The premises to be used for the sexaully oriented
business are not in compliance with applicable
zoning laws or have not been approved by the health
department, fire department, and the building
official as being in compliance with applicable
laws and ordinances.
(G) The license fee required by this article has not
been paid.
(H) An applicant or the proposed establishment is in
violation of or is not in compliance with any of
the regulations of Section V,
(I) An applicant or an applicant's spouse has been
convicted of a crime:
(A) involving:
(i) any of the following offenses as
described in Chapter 43 of the
Texas Penal Code:
(aa) prostitution
(bb) promotion of prostitution
(cc) aggravated promotion of
prostitution
(dd) compelling prostitution
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CITY SECRETARY
(ee) obscenity ORIGINAL COPY
(ff) sale, distribution, or display
of harmful material to minor
(gg) sexual performance by a child
(hh) possession of child pornography
any of the following offenses as
described in Chapter 21 of the Texas
Penal Code:
(aa) public lewdness
(bb) indecent exposure
(cc) indecency with a child
sexual assault or aggravated sexual
as described in Chapter 22 of the Texas
Penal Code;
incest, solicitation
harboring
in Chapter
a runaway
25 of the
of a child, or
child as described
Texas Penal Code,
(v) criminal attempt, conspiracy, or
solicitation to commit any of the fore-
going offenses;
(B) for which:
(i) less than two years have
the date of conviction or
release from confinement
conviction, whichever is
date, if the conviction
misdemeanor offense:
elapses since
the date of
imposed for the
the later
is of a
(ii) less than five years have elapsed since
the date of conviction or the date of
release from confinement for the
conviction, whichever is the later date,
if the conviction is of a felony offense;
or
less than five years have elapsed since
the date of the last.conviction or the
date of release from confinement for the
last conviction,.whichever is the later
date, if the convictions are of two or
more misdemeanor offenses or combination
of misdemeanor offenses occuring within
any 24-month period.
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24-month period.
(2) The permit, if granted, shall, state on its face the
name of the person or persons to whom it is granted,
the expiration date, and the address of the sexually
oriented business. The permit shall be posted in a
conspicuous place at or near the entrance to the
sexually oriented business so that it may be easily
read at any time.
SECTION VI. FEES
(1) The annual fee for a sexually oriented business permit
is $500.00.
SECTION VII. INSPECTION
(1) An applicant or the holder of the permit shall permit
representatives of the police department, health
department, fire department, electrical department,
and building inspection department to inspect the
premises of a sexually oriented business for the purpose
of insuring compliance with the law, at any time it is
occupied or open for business.
(2) A person who operates a sexually oriented business or
his agent or employee commits an offense if he refuses
to permit a lawful inspection of the premises by a
representative of the above described departments at
any time it is occupied or open for business.
SECTION VIII. EXPIRATION OF A PERMIT
(1) Each permit shall expire one year from the date of
issuance and may be renewed only by making application
as provided in Section IV. Application for renewal
should be made at least 30 days before the expiration
date.
(2) When the City Administrator denies renewal of a permit,
the applicant shall not be issued a permit for one
year from the date of denial. If, subsequent to
denial, the City Administrator finds that the basis
for denial of the renewal permit has been corrected
or abated, the applicant may be granted a permit if
at least 90 days have elapses since the date denial
became final.
SECTION XI. APPEAL
(1) If the City Administrator denies the issuance of a
permit, or the renewal. of a permit, he shall send to
the applicant, by certified mail, return receipt
requested, written notice.of his action and the right
to an appeal. The aggrieved party may appeal the decision
of the City Administrator to the City Council. The filing
of an appeal stays the action of the City.
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CITY SECRETARY
ORIGINAL Copy
(2) The applicant may, not later than 10 calendar days after
receivi::ng notice of the denial,, file with the City
Secretary a written request for a hearing before the
City Council.
(3) A hearing by the Council may proceed if a quorum is
present. The council shall hear and consider evidence
offered by any interested person.
(4) The City Council may, in its discretion, grant an
exemption from the locational restrictions of Section
IV(1) if it meets all of the following findings:
findings.
(a) That the location of the proposed sexually
oriented business will not have a detrimental
effect on nearby properties or be contrary to
the public safety or welfare,
(b) That the granting of the exemption will not
violate the spirit and intent of this article
of the city code,
(c) That the location of the proposed sexually
oriented business will not downgrade the property
values or quality of life in the adjacent areas
or encourage the development of urban blight,
(d) That the location of an additional sexually
oriented business in the area will not be contrary
to any program of neighborhood conservation nor
will it interfere with any efforts of urban
renewal or restoration; and
(e) That all other applicable provisions of this
article will be observed.
(5) The council shall grant or deny the exemption by a
majority vote. Failure to reach a majority vote shall
result in denial of the exemption. Disputes of fact
shall be decided on the basis of a preponderance of
the evidence. The decision of the council regarding
the permit appeal is final.
(6) If the council grants the exemption, the exemption is
valid for one year from the date of the council's
action. Upon the expiration of an exemption, the
sexually oriented business is in violation of the
locational restriction of Section IV (1) until the
applicant applies for and receives another exemption.
(7) If the council denies the exemption, the applicant may
not re -apply for an exemption until at least 12 months
have elapsed since the date of the council's action.
(8) The grant of an exemption does not exempt the
applicant from any other provisions of this article
other than the locational restrictions of Section IV(1).
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.
SECTION X.
That any ordinance of the City of
the provisions of this ordinance
SECTION XI.
I °Y T
iL
Sanger in conflict with
is hereby repealed.
- Should any section, paragraph, sentence, clause or phrase of
this ordinance be held to be invalid or unconstitutional for
any reason, such holding shall not affect the remaining
portions of this ordinance which are declared to be severable.
,
a
SECTION XII.
Any person, firm or corporation violating Section IV(1)
of this ordinance, upon conviction in the Municipal Court
of the City of Sanger, Texas shall be punished by a fine
not to exceed the sum of One Thousand Dollars`($1,000.00),
and a separate offense shall be deemed. committed each day
during or on which an offense of Section IV(1) occurs or
continues; and any person, firm or corporation violating
any other provision or term of this ordinance, upon
conviction in the Municipal. Court of the City of Sanger,
Texas, shall be punished by a.fine not to exceed the sum
of Two Hundred Dollars ($200.00) for each offense, and
each and every day any such violation shall continue shall
be deemed to constitute a separate offense.
SECTION XIII.
This ordinance shall take effect
its passage and the publication
in such cases provides.
DULY PASSES {
the ' i
,..,
_ __ _
,
\ ,,
,
immediately from and after
of the.caption as the law
the -City Council of t e City of Sanger, Texas,
day of /- Q/'i . , 1988.
APPROVED AS TO FORM:
CITY ATTORNEY
APPROVED:
DULY ENROLLED:
MAYOR
on
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