HomeMy WebLinkAboutO-1998-2280
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ORIGINAL
ORDINANCE NO. 98- 2280
AN ORDINANCE ADDING PROVISIONS FOR GENERAL USE OF PARKS, PARK
AREAS, PARK RELATED FACILITIES, AND RENTAL FACILITIES COMPRISING
THE CITY OF LA PORTE PARKS SYSTEM, BY ADDING NEW SECTIONS 50-1
THROUGH 50-3, INCLUSIVE, TO CHAPTER 50 OF THE CODE OF ORDINANCES
OF THE CITY OF LA PORTE; CONTAINING A SEVERABILITY CLAUSE;
PROVIDING THAT ANY PERSON VIOLATING ANY PROVISION OF THIS
ORDINANCE SHALL BE DEEMED GUILTY OF A MISDEMEANOR AND UPON
CONVICTION SHALL BE PUNISHED BY A FINE NOT TO EXCEED THE SUM OF
FIVE HUNDRED DOLLARS ($500.00) FOR EACH OFFENSE; FINDING
COMPLIANCE WITH THE OPEN MEETINGS LAW; PROVIDING FOR PUBLICATION
OF THE CAPTION OF THIS ORDINANCE; AND PROVIDING AN EFFECTIVE DATE
HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
SECTION 1, THE CODE OF ORDINANCES OF THE CITY OF LA PORTE IS
HEREBY AMENDED, BY ADDING NEW SECTIONS 50-1 THROUGH 50-3,
INCLUSIVE, TO CHAPTER 50 OF THE CODE OF ORDINANCES OF THE CITY OF
LA PORTE, WHICH SHALL HEREAFTER READ AS FOLLOWS, TO WIT:
Sec. 50-1. LA PORTE PARK SYSTEM ESTABLISHED The City Council for the City
of La Porte, by this Ordinance, establishes general use provisions regulating park and
facility usage for all parks, park areas, park related facilities, and rental facilities in the
City of La Porte park system, Public conduct and usage of each park, park area, park
related facility or rental facility in the City Park system shall be governed according to
the provisions described herein,
Sec. 50-2. PARKS AND PARK AREAS DEFINED The parks, park areas, park
related facilities, and rental facilities which comprise the City of La Porte Parks System
are listed below and their location within the City established,
(1) PARKS. NEIGHBORHOOD
Name of Park
Brookglen Park
Creekmont Park
Fourteenth St. Park
Glen Meadows Park
Ohio St. Park
Pete Gilliam Park
Pfeiffer Park
Seabreeze Park
Tom Brown Park
Location
3324 Somerton
700 Willow Creek
Ih
500 North 14 Street
5100 Valley Brook
300 South Ohio
200 North Holmes
900 South Virginia
1322 Bayshore Drive
300 South Lobit
Ordinance No, 98-
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2280
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(2) PARKS. COMMUNITY
Name of Park
Central Park
Northside Park
Location
618 San Jacinto
th
322 North 4 Street
(3) PARKS. REGIONAL
Name of Park
Fairmont Park
Little Cedar Bayou Park
Lomax Park
Northwest Park
Location
3540 Farrington
600 South Little Cedar Bayou Drive
1508 Lomax School Road
10200 North lip" Street
(4) PARK RELATED AND RENTAL FACILITIES
Name of Facility Location
Brookglen Recreation Center 3324 Somerton
Fairmont Recreation Center 3540 Farrington
Evelyn Kennedy Civic Center 618 San Jacinto
La Porte Recreation & Fitness Center 1322 South Broadway
La Porte Rodeo/Riding Arena 1508 Lomax School Road
La Porte Special Programs Center 1320 South Broadway
Lomax Community Center 1508 Lomax School Road
Sylvan Beach Fishing Pier 812 North Bayshore Drive
Sylvan Beach Pavilion and Grounds 1 Sylvan Beach Drive
Jennie Riley Recreation Center 322 North 4th Street
th
Charles Walker Annex 322 North 4 Street
(5) PARK AREAS DEFINED Park areas shall be defined as any City of La Porte
property or grounds which are maintained by the Parks and Recreation Department,
including parkways, esplanades, subdivision entrances, and other areas which are
under the control of the Parks and Recreation Department.
(6) PARKS, PARK AREAS, PARK RELATED FACILITIES, RENTAL FACILTIES,
ADDITIONS Future addition of dedicated parkland, park areas, park related
facilities, rental facilities to the C.ity of La Porte Parks System, as approved by City
Council or placed under the control of the Parks and Recreation Department by
Executive Order; shall be subject to and be governed by the provisions described
herein.
Sec. 50-3. PARK USE GENERALLY No person shall use any park, park area or
park related facility or rental facility for any purpose other than for the purpose for which
it was designed, dedicated, or for which special use has been granted.
Ordinance No, 98- 22'
Page 3
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(1) SPECIAL USE GENERALLY No person shall hold, conduct, or cause to occur
any special use of any park, park area or facility without first obtaining the written
permission of the Director of Parks and Recreation,
(2) SPECIAL PARK FACILITIES GENERALLY No person shall visit, use or
otherwise be within or upon any park, park area, park related facility or rental facility
outside the posted hours of operation without the written permission of the Director
of Parks and Recreation, nor shall any person during such posted hours be within or
upon such facilities without first paying any applicable fees and/or securing any
required permits related thereto,
(3) CONCESSIONS AND SALES GENERALLY No person shall have the right to
offer anything for sale or barter, or to exhibit anything, or to conduct any
amusement, recreational activity, sports event, or other business for which any
participation or admission fee is charged or revenue is otherwise derived within any
park, park area, park related facility or rental facility without first obtaining the written
consent of the Director of Parks and Recreation,
(4) PLAYING OF MUSICAL DEVICES No person shall play any musical
instrument, radio, tape player, compact disc player, or other musical device within
the parks system other than for his/her own enjoyment, provided that such person
shall not thereby encroach upon the use and enjoyment of the parks by others,
(5) GLASS CONTAINERS PROHIBITED - EXCEPTION No person shall bring
into or upon the parks, or have in his/her possession while therein or thereupon, any
glass receptacle including but not limited to glass bottles, glass jars, drinking
glasses or other glass containers of any kind. The prohibition of glass containers
shall not apply to baby bottles, baby food jars, glass lined vacuum bottles and glass
lined picnic beverage coolers,
(6) LITTER PROHIBITED No person shall throw or otherwise dispose of any trash
or litter in any park, park area, park related facility, rental facility, or water area
except in the containers provided therefor.
(7) DUMPING PROHIBITED No person shall dump any debris, junk, garbage,
waste, fill, or other material onto or into the parks system or the water areas thereof,
(8) CAMPING PROHIBITED No person shall establish a campsite upon or use
any area of the parks system as a campsite without the prior written permission of
the Director of Parks and Recreation,
(9) BUILDING OF FIRES PROHIBITED No person shall build or cause to be built
any fires within the parks or park areas except in the camp stoves or grills provided
therefor an only for the purpose of food preparation, Personal stoves or grills
brought to the parks by the public for such purposes shall be exempt from this
Ordinance No. 98-
Page 4
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(10) FIREWORKS PROHIBITED No person shall discharge any fireworks upon or
within the parks system. Professional fireworks displays proposed as a part of an
event of program shall be exempt from this provision subject to the written
permission and approval of the Director of Parks and Recreation and the City Fire
Marshal.
(11 ) FLYING OF KITES, RADIO CONTROLLED AIRPLANES RESTRICTED No
person shall fly any kite, radio controlled airplane or similar device within one
hundred (100) feet of any park building or playing field in use by other patrons, nor
operate such device so as to endanger any park patron or thereby encroach upon
the use and enjoyment of the parks by others.
(12) AMUSEMENT RIDES PROHIBITED No person shall erect or operate any
mechanical amusement rides, midway rides, air containing apparatus, or similar
apparatus within the parks system, without the prior written permission of the
Director of Parks and Recreation.
(13) VEHICLES IN PARKS GENERALLY No person shall drive or propel any
passenger car, pickup truck, sport utility vehicle, motorcycle, all-terrain vehicle, go-
cart, trail bike, or any other vehicle over or through the parks, park areas, sports
fields, or other park facilities except along or upon designated park drives, or
parkways.
(a) PARKING OF VEHICLES No person shall park any motorized vehicle in
the parks system except in the areas designated for such purpose.
(b) COMMERCIAL OR HEAVY LADEN VEHICLES PROHIBITED No
person shall drive, propel, or park any heavily laden vehicle, or vehicle carrying
merchandise, goods, material or rubbish, or any moving van or truck within the
parks. park areas, or park facilities.
(c) VEHICLES - EXCEPTION The provisions related to vehicles herein shall
not apply to carts required for accessibility and operated by senior citizens or
physically challenged individuals, or where the operation and/or usage of such
vehicles or other vehicles are approved by the Director of Parks and
Recreation as a part of routine maintenance, or a program, activity, or event.
In the event that motorized vehicles are allowed in park areas within the Park
System. such motorized vehicles shall not interfere with nor impede pedestrian
traffic within the said Park Areas.
(14) RIDING OR DRIVING ANIMALS - EXCEPTION No person shall ride or
drive any horse, cattle, goat, sheep, donkey, mule, or other livestock over or through
Ordinance No, 98-
Page 4
221
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provision, provided such apparatus is located so as not to harm or endanger any
tree, shrub, building, or park appurtenance, or thereby encroach upon the use and
enjoyment of the parks by others. Exceptions may be provided, subject to written
permission and approval of the Director of Parks and Recreation and the City Fire
Marshal.
(10) FIREWORKS PROHIBITED No person shall discharge any fireworks upon or
within the parks system, Professional fireworks displays proposed as a part of an
event of program shall be exempt from this provision subject to the written
permission and approval of the Director of Parks and Recreation and the City Fire
Marshal.
(11 ) FLYING OF KITES, RADIO CONTROLLED AIRPLANES RESTRICTED No
person shall fly any kite, radio controlled airplane or similar device within one
hundred (100) feet of any park building or playing field in use by other patrons, nor
operate such device so as to endanger any park patron or thereby encroach upon
the use and enjoyment of the parks by others.
(12) AMUSEMENT RIDES PROHIBITED No person shall erect or operate any
mechanical amusement rides, midway rides, air containing apparatus, or similar
apparatus within the parks system, without the prior written permission of the
Director of Parks and Recreation.
(13) VEHICLES IN PARKS GENERALLY No person shall drive or propel any
passenger car, pickup truck, sport utility vehicle, motorcycle, all-terrain vehicle, go-
cart, trail bike, or any other motorized vehicle over or through the parks, park areas,
sports fields, or other park facilities except along or upon designated park drives, or
parkways,
(a) PARKING OF VEHICLES No person shall park any motorized vehicle in
the parks system except in the areas designated for such purpose,
(b) COMMERCIAL OR HEAVY LADEN VEHICLES PROHIBITED No
person shall drive, propel, or park any heavily laden vehicle, or vehicle carrying
merchandise, goods, material or rubbish, or any moving van or truck within the
parks, park areas, or park facilities.
(c) VEHICLES - EXCEPTION The provisions related to vehicles herein shall
not apply to carts required for accessibility and operated by senior citizens or
physically challenged individuals, or where the operation and/or usage of such
vehicles or other vehicles are approved by the Director of Parks and
Recreation as a part of routine maintenance, or a program, activity, or event.
(14) RIDING OR DRIVING ANIMALS - EXCEPTION No person shall ride or
drive any horse, cattle, goat, sheep, donkey, mule, or other livestock over or through
Ordinance No, 98- 2.7-'
Page 5
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the parks, park areas, or park facilities, except along or upon designated bridle
paths and driveways, or to or from loading or unloading points, or unless prior
approval has been received therefor by the Director of Parks and Recreation as a
part of a program, activity or event. This provision will not apply to the area at Lomax
Park designated as the Lomax Arena and its surrounding areas.
(15) TEASING, INJURING, ETC. ANIMALS, FOWL OR FISH, PROHIBITED No
person shall tease, annoy, molest, catch, or throw any stone, object or missile of any
kind at, or strike with any stick, object or weapon any animal in a park. This
provision will not apply to fishing or fishing activities in any body of water in the park
system.
(16) GAMBLING, GAMES OF CHANCE PROHIBITED No person shall gamble,
conduct or operate any bingo, lottery or other games of chance within a park, park
area, or park related facility, or rental facility, This provision will not apply to bingo
games at the Senior Citizen's Center, or other non-profit game, which is approved in
writing by the Director of Parks and Recreation,
(17) DISTRIBUTION OF ALCOHOLIC BEVERAGES RESTRICTED No person
shall sell, give away, or otherwise distribute any alcoholic beverage, as defined by
the Texas Alcoholic Beverage Code, on or within the parks, park areas, park related
facilities, or rental facilities unless authorized by concessions contract or agreement,
or through a permit issued by the Director of Parks and Recreation, In considering
any permit request pertaining to alcoholic beverages, the Director of Parks and
Recreation shall evaluate the purpose of the permit request, the location of the
proposed activity, and the likelihood of any adverse impacts of distributing such
beverages. As a condition of any permit issued to sell or distribute alcoholic
beverages, the Director of Parks and Recreation may require the presence of two
(2) or more Certified Police Officers, the cost of which is to be borne by the
requesting party. Approval of the Director of Parks and Recreation to distribute or
sell alcoholic beverages shall be conditional to any permit approvals, licensing
requirements, or restrictions of the Texas Alcoholic Beverage Commission
(T.A.B.C.)
(18) ALCOHOLIC BEVERAGES PROHIBITED No person shall consume or
display any alcoholic beverage within any park, park area, or park related facility, or
rental facility of the City of La Porte, as designated herein, except with a permit
issued by the Director of Parks and Recreation,
(19) ERECTING STRUCTURES, BILL POSTING, ETC. PROHIBITED No
person shall place, erect, or attach any structure, sign, bulletin board, post, pole, or
advertising device of any kind whatever in the parks, park areas, or park facilities; or
attach any notice, bill, poster, sign, wire, rod, or cord to any tree, shrub, fence,
railing, post, or structure in the parks, park areas, or park related facilities, or rental
Ordinance No. 98-
Page 6
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facilities unless authorized by a written, signed agreement or permit issued by the
Director of Parks and Recreation,
(20) HANDBill DISTRIBUTION PROHIBITED No person or bill distributor shall
hand to or foist upon any park patron a handbill or other material without the
consent of such park patron, nor shall any bill distributor thereby encroach upon the
use and enjoyment of the parks system by others.
(21) WALKING, STANDING, OR SITTING ON BORDERS, FLOWER BEDS,
ETC., PROHIBITED No person shall walk, stand, or sit on or in any border, flower
bed, monument, vase, fountain, railing or fence in the parks, park areas, park
related facilities, or rental facilities unless the border, et ai, is clearly designed or
designated for such purpose,
(22) REMOVAL OF PLANTS, TREE CUTTING PROHIBITED No person shall
remove or cut any flower, shrub, vine, tree, or other plant in the parks system
without the written permission of the Director of Parks and Recreation,
(23) PLANTING OF TREES, PLANTS, RESTRICTED No person shall plant any
flower, shrub, tree, or other plant in the parks system without the written permission
of the Director of Parks and Recreation.
(24) HUNTING, USE OF FIREARMS PROHIBITED No person shall hunt any
animal or shoot, fire, or discharge any pistol, shotgun, or rifle, other firearm or
archery arrow in, on, along, or across any park, park area, or park related facility, or
rental facility.
(25) DOGS OR OTHER ANIMALS IN PARK BUilDINGS, FACILITIES
PROHIBITED No person having control over a dog, or any other animal, shall bring
such an animal into any special park facility or park building except the Lomax
Arena and surrounding areas of Lomax Park. This provision shall not apply to a
guide dog or to a dog or other animal brought into a park building under a permit
issued therefor by the Director of Parks and Recreation,
(26) VANDALISM, DEFACEMENT OF PROPERTY No person shall perform any
act of malice, vandalism, or otherwise deface any real or personal property in, on, or
within any park, park area, park related facility, or rental facility in the parks system,
SECTION 2. If any provision, section, subsection, sentence, clause, or phrase of this
ordinance, or the application of same to any person or set of circumstances is for any
reason held to be unconstitutional, void or invalid, the validity of the remaining portions
of this ordinance or their application to other persons or sets of circumstances shall not
be affected thereby, it being the intent of the City Council in adopting this ordinance that
no portion hereof or provision or regulation contained herein shall become inoperative
e
Ordinance No, 98- ;;l;;leo
Page 7
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or fail by reason of any unconstitutionality, voidness or invalidity of any other portion
hereof, and all provisions of this ordinance are declared to be severable for that
purpose,
SECTION 3. Any person who violates a provision of this Ordinance, upon conviction in
the municipal court of the City of La Porte, shall be subject to a fine not to exceed five
hundred dollars ($500,00). Each day of violation shall be considered a separate
offense,
SECTION 4. The City Council officially finds, determines, recites and declares that a
sufficient written notice of the date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall as required by
the Open Meetings Law, Chapter 551, Texas Government Code; and that this meeting
has been open to the public as required by law at all times during which this ordinance
and the subject matter thereof has been discussed, considered and formally acted
upon, The City Council further ratifies, approves and confirms such written notice and
the contents and posting thereof.
SECTION 5, This ordinance shall be effective fourteen (14) days after its passage and
approval. The City Secretary shall give notice of the passage of this ordinance by
causing the caption hereof to be published in the Bayshore Sun at least twice within the
ten (10) days after the passage of this ordinance,
PASSED AND APPROVED, this 24th day of August, 1998,
CITY OF LA PORTE
~~~
1-.1 rman L. Malone, Mayor
~
ATTEST:
~lW/,aAit&#
Martha Gillett, City Secretary
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'FINDING'd~M.P.UA~CE..:~ITH .,.THE ..j
.OPEN MEETING .I:.AW; P.RPVIDING FOR,.''';
~. PUBUcATlON OF-lHE: .CAPTION OF~IS .1:,:
ORDINANC~;"AND..:PROVIPI~~ .A~..'~
, EFFEC;:nv.Ep~;l'E' HERE~.~i:!t~.:~:~!: :", ~'J.I . , .
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:':"''';ci;.:yo~:'LApORTE:'...:i ',~.". hn Black, Editor & Publisher of
.;' :' ~!! ,; ~orman M8;I~r.Ie M~Yor : .' .-1 , .
..... :." ',~7 ..', . ::, ~etU-\veekly ne'lspaper publlShed
'. :l;:~ ;....~iII~trci\y Secr~t..arY :<. . ~e, Harris C'.ounty, Texas, and
. ',' , . .. \S\o~rn, says the attached notice
AP'PROVED '. '.' ..' ember 16 1 8
. "s/Knox Askins.. City Attorney -. Bayshore Sun of Sept , 9.9
.
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La Pone. Texas 77571
(713) 471-1234
{)~~
John Black
Editor & Publisher
S\'.;orn and subscribed before me this !l f f{ day of
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Sandra E. Bumgarner
Not3I\' Public
. H3rris County, Texas
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. < :F6Fr'GENERAL USE OF PA~S,. ~.ARK . ,
~' . "AP.sJ.S;'PAAJ< RELATE~ FACIL!1'~l?, ~D _:
- r'RENTAC'FACll:mES COMPRISII!IG:f'HE
., CITY, OF LA PORTE YSTEM,.~Y
,: ADDING . NEVi"': S~':Z50-1..
-f"rHROU"- t " 50.:C I E, . TO
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JE RABIUTY
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_.niE.SUM. -FlVE, '1:t\J"'DRE~ DOLLARS
. . ($SOO,oor.:JfOR :.'EACH:' "OFf!;NSE;.
. .-fINDING~COMPLlANCE..;;;.W~T.H: :rHE
- OPEN MEETING LAW; P.~QVJDING F9R 1
. PlJEll.\CAT\ON bF.THE . CAPTION OFnilS "
.. ORDINANCE;:"AND -,PROVIDING - AN .
~.' .EFFECTIVEfDATE..HEREOF~''''''':<<~ .'~::' ~~'I
"~","",, . .::;.~-;~\~~r.:.!l'7S~_:~~~SJln.:.. . .,".... .. . . .
. ..,.. . I.>:,;"". ':'," . ..,. .' =rSl.gned authorl.ty, on tl1l.S date
, 'CITY OF LA PORTE
siN~rm8ri MalonQ Mayor . ,',;m Black, F..di tor & Publisher of
The Bayshore Sun, a sani-\veek.ly ne;'lspaper published
in the City of La Porte, Harris C"..ounty, Texas, and
,,,ho after being duly $oiOrn, says the attached notice
\\7aS published in The Bayshore Sun of Se' anber 20, 1998
.
La Pone, Texas 77571
(713) 471-1234
re Sun
John Black
Editor & Publisher
s~'Orn and
I~v
subscribed before me this t -r /too dav of
, 19q!. - -.
,I ~ ~
k,.--.!ll.-",,-- /(;. " /.)-(,/.- ,"V' Zf./l..1.~
Sandra E. B\ 1ffigarner
Notary Public
Harris County, Texas
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"::-~RENTAl~ACll:mES'CO~P~,SI~G~E
',CITY:OF,LAJ:lC;)~~. ~;.~y
';~ADDING . :fJ.lEW.~ S~.50-!.
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. :.CHAPT, ,..50."OF it DE20F
. IN CE ,:OF.. t:A
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S' ,~THAT,'~i\~y
- ,PROV\SIOIilOF
'. BE DEEMED
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_THE.SUM. J;lVEpjU~DR~~ DOLLARS
, ., (S500,OOfJ.'1f9f.\:i:€ACH:f..:.9ff.I;NSE;.:
. 'fINDING~bMP.lIANCEU.WLTH~THEl
- OPEN MEETING LAW; P.8.QV~D.ING F9R i
.' PUBUCAI'IOIii bF..1JiE . CAP110N OFTIiIS .1
._ ORDINANC.E;':;AND -.PROVIDI~G - AN .
. ':"EFFECnVE.DATE.HEREOF...~ - -- =1
--::.-:.;(,.y"':AI..~_iSU:~.g!ItI;J"~~2A""~ . .
.. . ~~':-7-:~::~;:' ~.\. . '.~ . .',' :rS~gned author~ty, on this date
'CITY OF LA PORTE 1 k ~..:I 'to Publ' h f
siNorm8r1 Malontt Mayor . .';m B ac , F..u.~ r & ~s er 0
The Bay~hore Sun, ~ seni-\<1eekly ne'lspaper published
in the City of Ia Porte, Harris C"..ounty, Texas, and
~.,ho after being duly st-JOrn, says the attached notice
'l:laS published in The Bayshore Sun of Se' enber 20, 1998
La Pone, Texas 77571
(713) 471-1234
John Black
Editor & Publisher
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Sal"lfu"a E. Bl1mgarner
Notary Public
H:rrris County, Texas