03-92-Ordinance-Adopting the Code of Ordinances-08/03/1992a
CITY OF SANGER, TEXAS CITY SECRETARYORIGINAL COPY
ORDINANCE NO. 0 3 - 9 2
"ORDINANCE ADOPTING CODE OF ORDINANCES"
AN ORDINANCE OF THE CITY OF SANGER, TEXAS, ADOPTING AND
ENACTING A NEW CODE OF ORDINANCES, ESTABLISHING THE SAME
AND PROVIDING FOR THE REPEAL OF CERTAIN ORDINANCES NOT
INCLUDED IN SUCH CODE AS WELL AS PROVIDING FOR EXCEPTIONS;
PROVIDING FOR THE DESIGNATION OF SUCH CODE AND HOW IT MAY
BE CITED; PROVIDING FOR CATCHLINES OF THE NEW CODE;
PROVIDING FOR CERTAIN DEFINITIONS AND RULES OF CONSTRUCTION
FOR THE NEW CODE; PROVIDING FOR AMENDMENTS OR ADDITIONS TO
THE NEW CODE; PROVIDING FOR THE SUPPLEMENTATION OF THE NEW
CODE; ESTABLISHING A GENERAL PENALTY FOR VIOLATIONS OF THE
CODE AND ALL ORDINANCES OF THE CITY IN THE AMOUNT OF NOT
MORE THAN FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE,
EXCEPT VIOLATIONS OF PROVISIONS THAT GOVERN FIRE SAFETY,
ZONING, AND PUBLIC HEALTH AND SANITATION, INCLUDING
DUMPING OF REFUSE, IN WHICH CASE THE MAXIMUM PENALTY FOR
VIOLATION SHALL BE TWO THOUSAND DOLLARS ($2,000.00) FOR EACH
OFFENSE AND TWO HUNDRED DOLLARS ($200.00) FOR VIOLATIONS OF
TRAFFIC LAWS AND ORDINANCES PROVIDED THAT NO PENALTY SHALL
BE GREATER OR LESS THAN THE PENALTY PROVIDED FOR UNDER
STATE LAW; PROVIDING FOR SEVERABILITY OF ALL PARTS OF THE
NEW CODE; PROVIDING FOR THE ADOPTION OF NEW PROVISIONS AND
REGULATIONS INCORPORATED IN SAID CODE OF ORDINANCES
INCLUDING: PROVIDING DEFINITIONS FOR CERTAIN TERMS TO BE
USED THROUGHOUT THE CODE OF ORDINANCES; PROVIDING AN
ADDITIONAL PENALTY FOR THE COLLECTION COSTS OF DELINQUENT
TAXES; PROVIDING FOR A TEN THOUSAND DOLLAR ELDERLY
HOMESTEAD EXEMPTION; ESTABLISHING A FORM OF GOVERNMENT;
PROVIDING FOR THE ELECTION AND TERM OF A MAYOR PRO-TEM;
PROVIDING FOR EXCEPTIONS TO LIMITATIONS ON FILING CLAIMS;
PROVIDING DEFINITIONS FOR TERMS USED IN ANIMAL CONTROL
PROVISIONS; REQUIRING VACCINATION OF ANIMALS CAPABLE OF
TRANSMITTING RABIES; REGULATING DOGS DEEMED TO BE
DANGEROUS AND REQUIRING LIABILITY INSURANCE FOR KEEPING
ANY DANGEROUS DOGS; REQUIRING RESTRAINT OF ANIMALS;
REQUIRING PREVENTION OF PUBLIC NUISANCES CAUSED BY ANIMALS
AND REQUIRING THAT ANIMAL WASTE BE PROPERLY DISPOSED OF;
LIMITING THE NUMBER OF DOGS ALLOWED IN ONE DWELLING;
ESTABLISHING PUNISHMENT FOR CRUELTY TO ANIMALS;
ESTABLISHING THE OFFICE OF ANIMAL CONTROL OFFICER;
PROVIDING QUARANTINE REQUIREMENTS IN CASES OF RABIES;
GRANTING AUTHORITY TO INDIVIDUALS TO HARBOR STRAY ANIMALS
UNTIL THE ANIMAL CONTROL OFFICER IMPOUNDS SUCH ANIMAL;
GRANTING AUTHORITY TO ANIMAL CONTROL OFFICER TO IMPOUND
AND DESTROY STRAY ANIMALS; PROVIDING STANDARDS FOR THE
KEEPING OF FARM LIVESTOCK; REVISING THE DEFINITION OF "MOBILE
HOME"; PROVIDING FOR THE HIRING OF THE BUILDING INSPECTOR;
REQUIRING BONDING AND INSURANCE OF PERSONS MOVING
BUILDINGS OR OVERSIZED LOADS; REQUIRING THE CITY TO MAKE
STREET CUT REPAIRS AND BILL THE CONTRACTOR MAKING THE
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STREET CUT; REVISING THE NUMBER OF POLITICAL SIGNS ALLOWED
ON ONE PIECE OF PROPERTY; REGULATING AMUSEMENT HALLS IN
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THE CITY AND REQUIRING A LICENSE TO OPERATE SUCH A BUSINESS;
REGULATING ITINERANT MERCHANTS, PEDDLERS, AND VENDORS AND
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REQUIRING A LICENSE TO OPERATE AS SUCH; REGULATING
SEXUALLY ORIENTED BUSINESSES WITHIN THE CITY AND REQUIRING
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A LICENSE TO OPERATE SUCH BUSINESS; REGULATING OUTDOOR
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BURNING WITHIN THE CITY; PROVIDING FOR ADDITIONAL METHODS
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OF GIVING NOTICE TO ABATE VIOLATIONS OF REGULATIONS ON WEED,
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GRASS, RUBBISH, BRUSH, AND OTHER OBJECTIONABLE MATTER AND
ILLEGALLY DUMPED REFUSE ON PRIVATE PROPERTY; PROVIDING FOR
PICKUP OF WASTE FROM TREE AND SHRUB TRIMMING; GRANTING
AUTHORITY TO THE CITY TO REMOVE ILLEGALLY DUMPED SOLID
WASTE MATERIALS; PROHIBITING THE DISCHARGE OF FIREARMS AND
WEAPONS WITHIN THE CITY LIMITS AND PROVIDING CERTAIN
EXCEPTIONS TO THE PROHIBITION; REGULATING NOISE NUISANCES;
PROHIBITING THE DAMAGING OF CITY -OWNED UTILITY PROVISION
EQUIPMENT; REQUIRING ACCESSIBILITY TO ALL UTILITY METERS;
ADOPTING A NEW SCHEDULE OF FEES AND CHARGES FOR THE CITY OF
SANGER; AND ESTABLISHING AN EFFECTIVE DATE FOR THIS
ORDINANCE AND THE NEW CODE OF ORDINANCES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SANGER, TEXAS;
SECTION I
That the Code of Ordinances consisting of Chapters 1 through 12 and including Appendix
A , B and C, each inclusive, is hereby adopted and enacted as the Code of Ordinances of
the City of Sanger, Texas, and shall be treated and considered as a new and original
comprehensive ordinance, which shall supersede all other general and permanent
ordinances passed by the City Council on or before August 3 , 1992 to the
extent provided herein, except as hereinafter provided for.
SECTION 2
That all provisions of such Code shall be in full force and effect from and after the
3 day of August 1992, and all ordinances of a general and
permanent nature of the City of Sanger, Texas, enacted on or before and not included in
this Code or recognized and continued in force by reference herein, are hereby repealed
from and after the 3 day of August 1992, except as hereinafter
provided.
SECTION 3
That the repeal provided for in Section 2 above shall not affect any of the following;
(a) Any events or act committed or done, or any penalty or forfeiture incurred, or any
contract or right established or occurring before the effective date of this Code.
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(b) Any ordinance promising or guaranteeing the payment of money for the City, or
authorizing the issuance of any bonds of the City, or any evidence of the City's
indebtedness. < p
(c) Any contract or obligation assumed by the City. w
(d) Any franchise granted by the City and their amendments. Q
(e) Any ordinance dedicating, naming, establishing, locating, relocating, opening, E5
paving, widening, vacating, or affecting the right-of-way of any street or public way in
the City.
(f) Any ordinance relating to municipal street maintenance agreements with the State of
Texas.
(g) Any appropriation ordinance or ordinance providing for the levy of taxes or for
adoption of an annual budget.
(h) Any ordinance relating to local improvements and assessments therefor.
(i) Any ordinance annexing territory to the City including their related service plans, or
any ordinance discontinuing territory as a part of the City.
0) Any ordinance dedicating or accepting any plat or subdivision in the City.
(k) Any ordinance pertaining to the calling of municipal elections, appointing of
election officers, or ratifying the results of any election.
(1) Any ordinance establishing rates to be charged by privately or semi -publicly owned
utility companies.
(m) Any ordinance amending the zoning district map, approving planned development
districts, or pertaining to the issuance of specific use permits or the granting of
variances.
(n) Any ordinance enacted on or after
August 3
The repeal provided for in Section 2 shall not be construed to revive any ordinance or part
thereof that has been repealed by a subsequent ordinance which is repealed by this
ordinance.
SECTION 4
That whenever in the Code of Ordinances or any ordinance of the City previously adopted
by the City Council, an act is prohibited or is made or declared to be unlawful or an offense
or a misdemeanor, or wherever in such Code or ordinance the doing of an act is required or
the failure to do any act is declared to be unlawful and no specific penalty is provided
therefor, the violation of any such provision of such Code or any such ordinance shall be
punished by a fine not exceeding five hundred dollars ($500.00), except for:
(a) violations of municipal ordinances that govern fire safety, zoning and public health
and sanitation including dumping of refuse, in which case the maximum fine shall be
two thousand dollars ($2,000.00) for each offense, and for
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(b) violations of traffic laws and ordinances which are punishable as a Class C
misdemeanor, in which case the maximum fine shall not exceed two hundred dollars
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($200.00).
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Provided, however, that no penalty shall be greater or less than the penalty provided for the
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same or similar offense under the laws of the State of Texas. Each day any violation of
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such Code of Ordinances or any ordinance shall continue shall constitute a separate offense
unless otherwise designated. Any violation of any provision of such Code of Ordinances
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which constitutes an immediate danger to the health, safety and welfare of the public may
be enjoined in a suit brought by the City for such purposes.
SECTION 5
That any and all amendments and additions to such Code of Ordinances, when passed in
such form as to indicate the intention of the City Council to make the same a part of the
Code of Ordinances, shall be deemed to be incorporated in such Code of Ordinances so that
reference to the "Code of Ordinances of the City of Sanger, Texas," shall be understood
and intended to include such additions and amendments.
SECTION G
That in case of the amendment of any article or section of the Code of Ordinances for which
a penalty is not provided, the general penalty as provided in Section 4 hereof shall apply to
the article or section as amended, or, in case such amendment contains provisions for
which a penalty other than the aforementioned general penalty is provided, the penalty so
provided in existing article or section shall be held to relate to the article or section so
amended, unless the penalty is specifically repealed therein.
SECTION 7
That a copy of the Code of Ordinances shall be kept on file in the office of the City
Secretary in looseleaf form. It shall be the express duty of the City Secretary, or someone
authorized by the City Secretary, to insert in the designated places all amendments or
ordinances which indicate the intention of the City Council to make the same a part of such
Code of Ordinances when the same has been printed or reprinted in page form by the
codifier designated by the City Council and to extract from such Code all provisions which
may be from time to time repealed by the City Council. Such copy of such Code shall be
available for all persons desiring to examine the same at any time during regular business
hours.
SECTION 8
That it shall be an offense for any person to change or amend, by additions or deletions,
any part or portion of this Code of Ordinances, or to insert or delete pages or portions
thereof, or to alter or tamper with such Code in any manner whatsoever which will cause a
law of the City of Sanger to be misrepresented thereby. Any person violating this section
shall be punished as a misdemeanor offense.
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SECTION 9 O
That the following provisions included and as printed in this Code of Ordinances are c�.7 `¢
hereby adopted by the City Council by reference for inclusion therein: Cn
(1) § 1.103 providing definitions for "May," "V.A.C.S.," "V.T.C.A.," and "V.T.C.A." v o
as these terms are used throughout the code.
(2) § 1.105 establishing punishments for violations of the provisions of the Code of
Ordinances or any ordinance of the city such that any such violation shall be punishable by
a fine not exceeding five hundred dollars ($500.00) except for violations of provisions
governing fire safety, zoning or public health and sanitation, in which case the fine shall
not exceed two thousand dollars ($2,000.00), and further providing that each day of
violation shall constitute a separate offense.
(3) § 1.303 providing for additional penalties for the costs of collection of delinquent ad
valorem (property) taxes.
(4) § 1.306 providing for a $10,000 elderly homestead tax exemption.
(5) Article 1.600 establishing that the City of Sanger operates under the Type A general
law form of government.
(6) Article 1.1100(c) providing for the election by the City Council and the term of the
Mayor Pro-Tem.
(7) § 1.1206 providing for exception to the time limitations for filing claims against the
City in cases of civil rights claims, good cause, and actual notice.
(8) Article 2.100 providing definitions for "Animal," "At Large," "Dangerous Dog,"
"Owner," 'Public Nuisance," "Restraint," and "Vaccination" as these terms are used
throughout the code.
(9) Article 2.200 requiring vaccination of all animals capable of transmitting rabies at four
(4) months of age and annually thereafter and further providing for a metal tag to be issued
by a veterinarian at the time of the vaccination.
(10) Article 2.300 defining and regulating dangerous dogs including the requirement of
liability insurance in the amount of $100,000 to cover damages resulting from an attack by
a dangerous dog causing bodily injury to a person and requiring dangerous dogs to be
registered with the city.
(11) Article 2.400 requiring that all animals in the City be kept under restraint at all times.
(12) Article 2.500 requiring that animal owners prevent their animal(s) from becoming a
public nuisance.
(13) Article 2.600 declaring a public nuisance in cases where is kept in such a way as to
become offensive by reason of odor, or disagreeable to persons of ordinary sensibilities
residing in the vicinity thereof because of flies or other insects, and further requiring animal
owners to be responsible for the removal of any excreta deposited by his or her animal on
public walks, recreation areas, or private property.
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(14) Article 2.700 limiting the number of dogs a person may harbor, keep or maintain on
the premises, property or place of dwelling at any one time to three (3), and further
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providing exceptions for legitimate kennels and dog breeder businesses.
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(15) Article 2.800 establishing that cruelty to animals is punishable in accordance with the
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provisions of V.T.C.A., Penal Code, Section 42.11.
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(16) Article 2.900 establishing the office of Animal Control Officer to be appointed by the
Chief of Police with the consent of the City Council.
(17) Article 2.1000 providing for quarantining of animals which have bitten or scratched a
person or which have been exposed to a rabid animal and further providing for the required
vaccinations in cases of quarantines.
(18) Article 2.1100 establishing that a person may confine stray animals found upon his or
her premises until the Animal Control Officer is notified and impounds the animal.
(19) Article 2.1200 establishing that the Animal Control Officer may impound animals,
notify the animal's owner of such impoundment, charge a fee to the owner when the animal
is claimed, and destroy the animal if it is not claimed within 3 days of impoundment.
(20) Article 2.1300 providing standards for the keeping of pigs, cows, sheep, goats and
horses and requiring stables, farms, pens and corrals for such animals to be made of
material providing for proper drainage and for such structures to be of sufficient height and
strength to retain the animals and prohibiting such animals from running at large within the
City.
(21) § 3.602 providing definitions for terms used in Article 3.600 is revised such that the
definition for mobile home reads as follows:
"Mobile Home. A structure constructed on or after June 15, 1976,
according to the rules of the United States Department of Housing and
Urban Development, transportable in one or more sections, which, in the
traveling mode, is eight (8) body feet or more in width or forty (40) body
feet or more in length, or, when erected on site, is three hundred twenty
(320) or more square feet, and which is built on a permanent chassis and
designed to be used as a dwelling with or without a permanent foundation
when connected to the required utilities, and includes the plumbing, heating,
air conditioning and electrical systems. References to "mobile homes" shall
be be taken to be references to HUD code manufactured homes."
(22) § 3.801 providing that the Building Inspector is hired by the City Administrator with
the consent of the City Council.
(23) § 3.802(b) requiring any person applying for a permit to move a building or oversized
load shall be bonded in the amount of fifteen thousand dollars ($15,000) and that the
person shall have liability insurance for one hundred thousand dollars ($100,000) for
injury or death of a person or damage to property with aggregate insurance of two hundred
thousand dollars ($200,000).
(24) § 3.1402 providing that the City shall make all repairs to street cuts and shall bill the
contractor making the cut for labor and materials.
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(25) § 3.1503 limiting political signs to one (1) per candidate per lot except in the case of
corner lots on which two (2) signs will be allowed.
(26) Article 4.100 regulating amusement halls within the City, requiring a license for the
operation of an amusement hall, detailing the application for a license, providing that the
license is not transferable, requiring that the premises be open for investigation by the City,
and limiting the hours of operation to between 12:00 p.m. and 8:00 a.m.
(27) Article 4.200 requiring itinerant merchants, peddlers and vendors to obtain a permit to
peddle goods and wares within the City of Sanger, requiring a license fee, requiring a
surety bond, regulating the hours peddling or soliciting can be conducted, and providing
exceptions for sales made to established businesses by commercial travelers or sales agents
in the usual course of business, and providing that the City disclaims liability for actions of
persons exempted from this article.
(28) Article 4.600 regulating sexually oriented businesses, defining terms used in this
article, restricting the location of sexually oriented businesses, requiring a license for the
operation of a sexually oriented business, detailing the application for a license, providing
for a license fee, reserving the right by the City to inspect sexually oriented businesses,
providing for the expiration, renewal, suspension and revocation of a license, providing for
an appeal of a decision made with respect to a license, providing an exemption from the
locational requirements, restricting the transfer of the license, providing for additional
regulations for nude model studios, adult theaters, adult motion picture theaters, adult
motels and the exhibition of sexually explicit films or videos, providing that displaying
sexually explicit materials to minors is punishable in accordance with the Penal Code,
Section 43.24, providing for enforcement of the article, and providing for a suit to enjoin
the operation of a sexually oriented business not in compliance with this article.
(29) § 5.500 regulating outdoor burning within the City.
(30) § 6.104 providing for notice to be given by means of posting notice of a violation of
the regulations on weeds, grass, rubbish, brush, and other objectionable matter on the door
of a building or on a placard attached to a stake driven into the ground on the property to
which the violation relates, if no buildings exist on the property.
(31) § 6.317 providing for the pickup of waste from tree/shrub trimming and imposing a
fee for such service.
(32) § 6.402 authorizing the City to remove illegally dumped solid waste materials after
notifying the owner or agent to do so and him or her failing to do so and further authorizing
the City to charge the costs of such work to the owner or agent.
(33) Article 7.400 prohibiting the discharge of firearms within the City limits and
providing for exceptions to the prohibition for police officers in the performance of their
duties, when a special exception permit has been granted by the City Council, and for firing
blank cartridges to indicate the beginning of a race or other sporting event.
(34) Article 7.500 prohibiting and declaring a nuisance any unreasonably loud, disturbing
or unnecessary noise which causes distress, discomfort or injury to persons of ordinary
sensibilities in the immediate vicinity thereof, or any noise of such character, intensity and
continued duration which substantially interferes with the comfortable enjoyment of private
homes by persons of ordinary sensibilities.
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(35) Article 11.300 prohibiting the damaging of any equipment used in the provision of
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utility services within the City and providing that theft of such service is punishable in
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accordance with V.T.C.A., Penal Code, Section 31.04.
(36) § 11.1501 requiring accessibility of employees of the City to all utility meters and
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requiring remote readers if such meters are deemed inaccessible.
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(37) Appendix A establishing a new schedule of fees and charges for the City of Sanger.
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SECTION 10
That whenever in such Code provisions, adopted in Section 9 of this ordinance, an act is
prohibited or is made or declared to be unlawful or an offense or an misdemeanor, or
wherever in such Code provisions the doing of an act is required or the failure to do any act
is declared to be unlawful and no specific penalty is provided therefor, the violation of any
such provision shall be punished by a fine not exceeding five hundred dollars ($500.00),
except for violations of municipal ordinances that govern fire safety, zoning and public
health and sanitation including dumping of refuse, in which case the maximum fine shall be
two thousand dollars ($2,000.00) for each offense and for violations of traffic laws and
ordinances, in which the maximum fine shall be two hundred dollars ($200.00). Provided,
however, that no penalty shall be greater or less than the penalty provided for the same or
similar offense under the laws of the State of Texas. Each day any violation of such Code
provisions shall continue shall constitute a separate offense unless otherwise designated.
Any violation of any provision which constitutes an immediate danger to the health, safety
and welfare of the public may be enjoined in a suit brought by the City for such purposes.
SECTION 11
That it is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses and phrases of the Code of Ordinances hereby adopted are
severable and, if any phrase, clause, sentence, paragraph, or section shall be declared
unconstitutional by the valid judgment of any court of competent jurisdiction, such
unconstitutionality shall not effect any of the remaining phrases, clauses, sentences,
paragraphs, or sections, since the same would have been enacted by the City Council
without the incorporation of any unconstitutional phrase, clause, sentence, paragraph, or
section.
SECTION 12
That said Code of Ordinances shall be admitted in evidence without further proof and the
City Secretary shall record said Code as adopted in the ordinance records of the City, and
thereafter such record shall serve as a record of the ordinances so codified and it shall not
be necessary in establishing the context of any particular ordinance so codified to go
beyond said record.
SECTION 13
That all ordinances or parts of ordinances in conflict herewith are, to the extent of such
conflict, hereby repealed.
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SECTION 14
That this ordinance shall take effect immediately from and after its passage and publication,
as the law in such cases provides.
DULY ADOPTED by the City Council of the City of Sanger, Texas, on the 3rd day
of August , 1992.
ATTEST:
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Cit Secretary, City of Sanger
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Mayor, City of Sanger
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