HomeMy WebLinkAboutO-2002-2550
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ORDINANCE NO. 2oo2-~550
AN ORDINANCE APPOINTING A JUDGE AND ALTERNATE JUDGES OF THE CITY 01'
LA PORTE MUNICIPAL COURT, PROVIDING A SEVERABILITY CLAUSE,
CONTAINING A REPEALING CLAUSE, FINDING COMPLIANCE WITH THE OPEN
MEETINGS LAW, CONTAINING A REPEALING CLAUSE, AND PROVIDING AN
EFFECTIVE DATE HEREOF.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF LA PORTE:
Section 1. The City Council of the City of La Porte hereby
appoints Louie A. Ditta as Judge of the Municipal Court.
Section 2. The city Council of the City of La Porte hereby
appoints Denise C. Mitrano as Alternate Judge of the Municipal
Court.
) .
Sect10n 3. The City Council of the City of La Porte hereby
appoints Thomas G. Richey as Alternate Judge of the Municipal
Court.
Section 4. All of the above appointees shall serve at the
pleasure of City Council, and shall receive compensation as may be
fixed by City Council.
Section 5. If any section, sentence, phrase, clause or any
part of any section, sentence, phrase, or clause, of this ordinance
shall, for any reasons, be held invalid, such invalidity shall not
affect the remaining portions of this ordinance, and it is hereby
declared to be the intention of this City Council to have passed
each section, sentence, phrase or clause, or part thereof,
irrespective of the fact that any other section, sentence, phrase
or clause, or part thereof, may be declared invalid.
Section 6. All ordinances or parts of ordinances in conflict
herewith are repealed to the extent of such conflict only.
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Section 7. 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 of the
City for the time required by law preceding this meeting, 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 8. All ordinances or parts of ordinances in conflict
herewith are repealed to the extent of such conflict only.
Section 9. This Ordinance shall be effective from and after
its passage and approval, and it is so ordered.
PASSED AND APPROVED, this 22nd day of April, 2002.
By:
ATTEST:
*-a.;tJ.I1AL1d
a tha . Gl.llett
City Secretary
A~t<1
Knox W. Askins
City Attorney
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REQUEST FQR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: 04-22-02 ~
Requested By: Norman I. Malo~ ~
Appropriation
Source of Funds:
. Department: Mllyor ud Ci~' CO\lAl:iI
Account Number:
Report:
Resolution:
Ordinance:
x
Amount Budgeted:
Exhibits: Ordinance
Amount Requested:
Exhibits:
Budgeted Item: YES NO
Exhibits:
SUMMARY & RECOMMENDATION
Due to the recent resignation of Judge J.B. Williamson, it is necessary to replace the Municipal Court Judge and
appoint Alternate Judges.
Action Reauired bv Council: Approve Ordinance appointing Municipal Court Judge and Alternate
Judges.
Approved for Citv Council A2enda
...
P1/~
Date
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~ 9IQJFiILa
ATTORNEY AT LAW
1807 WINTER Ki"'JOLL WAY
, HOUSTON. TEXAS 77062
Office: (281)-461-7812
Fax: (281)-486-5159
PERSONAL:
Wife: Renee Ditta
Children: Mac~enzie, 5 Madison, 4 Macey 2
EDUCATION:
1992 - Doctor of Jurisprudence; South Texas College of Law
1987 - BA - Economics; University of Texas,
PROFESSIONAL:
1997 - Present Harris County Justice of the Peace 8-2
Co-presiding Judge for Harris County Justices ofthe Peace
Chairman of the Justice Court Technology Committee
Vice-Chairman - State Judicial Education Committee
1995 - 1997
Associate Municipal Judge - City of Pasadena
1995 -1997
Private Law Practice
1987 -1995
Staff Attorney - Administrative Assistant
Harris County Commissioner Jim Fonteno - Precinct Two
· Received the ~econd most outstanding rating on the Houston Bar Association Judicial Evaluation
Poll for Justices of the Peace
Present and Past Professional and Community Involvement
State Bar of Texas
Houston Bar Association Member.
College of the State Bar of Texas - former member
Texas Municipal Courts Association .
Southeast Economic Development Council - Board of Directors
LaPorte' Bayshore Chamber of Commerce - member
Texas Chiropractic College - Board of Regents
Clear Creek Education Foundation - Board of Directors .
University of Houston Clear Lake 1!" D & A Council Board of Directors
Texas Justice of the Peace & Con~table Assoc.-Vice-Chair Education Committee
East Harris County Senior Citizens - Board of Director '
Pasadena Chamber of Commerce - Former Board of Director '
American Red Cross - Former Board of Director '
Pasadena Rotary Club - Paul Harrjs Fellow - Former Board of Director
Deer Park Chamber ofCommerc, - Former Board of Director
YMCA Board of Director
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. Judge Louie Ditta received the second most outstanding rating on the Houston Bar
Association Judicial Evaluation Poll for Justices of the Peace. Ratings are based upon a
judges consistency in following the law, ability to rule decisively and timely, their
courtesy and attentiveness towards witnesses. demonstration of impartiality without
regard to contributions, race, gender or other bias, the judge's work ethic and efficiency
and preparati9n for court.
. 60 % increase in fine collection since assuming office with no significant caseload
increases. 1998 $ 1.1 million collected 2001 . $ 1.7 million collected
· 150 % increase in the collection of restitution for criminal offenses.
1998 $ 59,239 collected 2001 $ 150,000+ collected
· 1999 - 2000 - Lowest number of Sick Days used by employees out of any department in
Harris County. Consistently among the lowest of Harris County Departments for the past
4 years.
. Sound fiscal management with budget surpluses returned to the General Fund every year.
Year Bude:et SurDlus
1998 $ 41,436
1999 $ 78,939
2000 $ 41.840
2001 $ 49,000
. Assembled and screened a variety of Social Service programs provided by both public
and private agencies to offer rehabilitative services for troubled youth. The Court
currently offers services in cooperation with over 30 different programs throughout
Southeast Harris County:
. Developed an automated case management system for juvenile offenders to allow for
efficient and accurate monitoring of court ordered services and fee collection.
. One of few Justice Courts that offer extended hours each day to allow for court business
to be taken care of after normal work hours. Monday - Friday 8:00 am. - 8:00 pm.
. Developed and implemented a plan for technological efficiencies that has reduced the
time spent in court for most Class C offenders while providing tlte public with more
accurate and reliable information pertaining to their individual situations.
. As chair of the Justice Court Technology Committee for the past two years, Judge Ditta
coordinated the plan for online court access. Plan is currently in final stages and should
allow for court business to be conducted online by June 2002.
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JUS,TI-CE' J-OURNAL
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Judge Louie Ditta
Justice of the Peace Precinct 8, Place 2
VOLUME 1, ISSUE 1
JUDGE
LOUIE DITTA
Harris County Justice
of the Peace 8-2
****************
Civil Jurisdiction
281-488-7583
Monday - Friday
8am - 5pm
. CIvil Suits
· Proceedings to
Enforce Deed
. R~ictio~ .'
· Fordble Enby
and Detainer '
. '
Actions
· Landlord I
Tenant Disputes
. Small Cairns', '~
. Suits Involving' '\
up to $5,OQO' ti
" .
. '.'
..... . 'I.. ....
· Traffic Violations
,,'
. : Issuan~ ~f Bad -,_
,,' .Checks _ , '
· Trual}CY I ScJ:lool
_ '.. yiolations -,:' ' '; _ /
. c'Oass C.- ,;' ,;: ':.
',:' MisdemeanorS' .:
'. .. t .
.. . .J~venil!! Offenses
~' "A1~hc;iiTo~a~ ' .
. Violations' . .....:~. ....: ~
. . ~'. '. ........ ~ ~:::
>: .... ..;. ~......... .", , '.' .. ....
. ,., ","=..' .::'
NOVEMBER 2001
JUDGE LOUIE DITIA EARNS SECOND MOST
OUTSTANDING RATING OUT OF 16
~SCOUNTYJUSTICECOURTS
~
In the 2001 Judicial Evaluation poll, released in
July 2001, the Houston Bar Association rated
Judge Louie Ditta with the second most
outstanding rating of the 16 Harris County Justice
Courts. The Precinct 8 Court is located in the
Clear Lake area and serves the communities of
Clear Lake, Pasadena, Deer Park, LaPorte,
Seabrook, Nassau Bay, Taylor Lake Village, EI
Lago, Webster, Shoreacres and parts of
Houston. - ,
The Houston Bar Judicial Evaluation, which has
. been conducted for
several years, requests
members to evaluate
the performance of each
Harris County Judge on
several factors. Judges
are evaluated on their
consistency in following
the law, ability to rule
decisively and timely, their courtesy and
attentiveness towards witnesses, their
demonstration of impartiality without regard to
party contributions, race, gender or other bias,
"'l1iis is a refCection
of a great staff
tnat is dedicated' to
serving tne needS
of tne yu6fi.c. "
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the, use of attorneys time and
the judge's work ethic and
preparation in court. In
addition, each judge is given an
overall rating. The most
outstanding ratings were given
to Judge David Patronella in
the Downtown Criminal Justice
Center followed by Judge Louie
Ditta.
Judge Ditta has served as Justice of the Peace in
Precinct 8 since, 1997 and the 2001 rating is the
highest rating the Court has received. "This, is a
reflection of a great staff that is dedicated to
serving the needs of the public", Judge Ditta said.
'We have committed ourselves to operating a fair
and efficient court that is courteous and effective."
"I am proud and thankful that the Houston Bar
Association has recognized the efforts of the
dedicated employees that serve the Precinct 8
Justice Court," he said: Complete results can be
found by selecting poll results at www.hba.ora.
Justice Court Produces 150% Increase in the Collection of Restitution
2001 Projection to Exceed $150.000 Returned to Local Businesses
,,-' ,,_ Under the direction of presiding
"jS' ... Judge Louie Ditta, the Precinct
. " 8-2 Justice Court has
increa~ed the restitution
~ e:. collected on insufficient checks
by over 150%. The issuance
of insufficient checks continues to be a
concern within the business community. This
criminal offense has a dramatic impact on the
cost of doing business and affects the price of
goods and services for all consumers. "In
furtherance of our duties as your Justice
Court, we strive to assist the community in the
collection of restitution for the damages
suffered in relation to criminal offenses,"
Judge Ditta stated. Although insufficient
check filings have remained relatively steady
over the last 4 years at about 2,000 filings per
year, the court has significantly increased the
amount of restitution collected. In 1998, the
Court received 2004 filings for the offense of
insufficient checks and collected $59,239,00 in
restitution. This year, the court is on pace to
receive 2034 filings and should, collect in
excess of $150,000.00 on
behalf of local merchants.
Information packets for
filing insufficient check
charges are available upon
request. For more
information about filing
insufficient check
charges, you may contact
Tracey Rushing, Check
Department Coordinator,
at 281-486-9713 ext. 21 .
Tracey J. Rushing
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JUSTICE JOURNAL
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Juvenile Crime Up 54% for Current School Year
The number of Juvenile Offenses being filed
before Judge Louie Ditta is up 54% for the
current school year compared to the same
period last school year. Since classes began in
August, through mid-November, the Court has
received 234 non-traffic related filings on
Juvenile offenders. This category of Juvenile
Offenses includes but is not limited to Driving
under the Influence of Alcohol, Minor in
Possession of Alcohol, Tobacco or Drug
Paraphernalia, Disorderly Conduct for fighting or
use of Abusive Language, Assault, Disruption of
School, Failure to attend School and Theft as
well as many other Class C offenses. If the
offender is found guilty of the offense, the court
requires the offender to comply with several
conditions of punishment. In addition to paying
fines, costs of court and performing community
service, the offender may be required to attend
various counseling programs
for drug or alcohol use, anger
management or psychological
counseling. Offenders may also
be ordered to attend a .Prison
Outreach" program where they ;~;. ;:;"':
learn first hand the stories of~. "
individuals who have taken the f
wrong path. The .Prison 1i
Outreach" progfam is designed ill:
to inform young offenders of the
consequences that face those Teresa Pavlicek & Jeanette McClure
who fail to abide by the law. The Court also
requires offenders to submit written essays on
subjects relating to the offenses charged and to
submit proof of written apologies given to
teachers and school personnel that may have
been affected by the offense. "The essays and
apology letters requires the offender to reflect
on what they have done wrong", said Judge
Ditta. .It is my desire to affect a change of heart
in the lives of these young offenders", he stated,
.when that happens, it will affect a change in
their behavior." If a juvenile offender fails to
comply with the conditions ordered by the
Court, a bench warrant may be issued for the
offender to be brought before the Court. The
offender could be held in contempt of a court
order and referred to the Juvenile Courts for
further disposition. In addition, the offender
may have their driver's license suspended or
the Court may prohibit them from
;;!I'.",~"'...; "",.-.. ~.;." obtaining a drivers license until
""..l'':''"r,,,''',.'';;!'';o.f.;:.;..l they have fully complied with the
'::f..'V Cou.it's order. If you have any
. questions or concerns' regarding
iI';-:'::\, juvenile justice or the various
., referral, programs available, you
may contact the Court's Juvenile
Coordinators Teresa Pavlicek
and Jeanette McClure at 281-
486-9713 extensions 20 or 24.
Judge Louie Ditta teams up with Harris County Agencies
to provide assistance for Parents and Families. of
Troubled Children
New TRIAD Court Liaison assianed to Precinct 8 Justice Court
Jacqueline S1. Julian-Duke has been assigned
to the Precinct 8 Justice Court to. provide
assistance and guidance to the families of
troubled children. She replaces Jeff Alexander,
who has served in this role in Judge Ditta's
Court since August 1999. In a cooperative
effort with Harris County Children's Protective
Services, Harris County Mental Health 'and
Mental Retardation and the Harris County
Juvenile Probation Department, the Precinct 8
Justice Court TRIAD Liaison is available to the
families of Harris County to offer guidance and
assistance with the various services available
for dealing with their children. The services
provided include Crisis Intervention, Agency
Referral and follow-up, Individual 'and Family
Therapy, Home Based Therapy, Mental Health
Evaluations and Training
and Educational Programs.
The TRIAD Prevention
Program was established
in 1998 to intervene in a
juvenile's behavior before they reached the
point of entering the formal Juvenile JiJstice System.
The 'partner agencies believe that by providing
support and services to at-risk families through
early intervention, families could work together
to prevent delinquent behavior. This family-
friendly approach provides the tools they need
to get back on track. .Since it's inception, this
program has several success stories," Judge
Oitta said. .The key to deterring juvenile
delinquency is early intervention" he stated.
"This program has helped many families
throughout Harris County to. work through their
issues and avoid the path through the courts."
The TRIAD services are available to everyone
. within. Harris County regardless of whether
criminal charges have been filed. If you have
questions about the TRIAD program or would
like to schedule an appointment with the TRIAD
Court Liaison, you may contact Jeff Alexander
at 281-486-9713 ext. 37 or Jacqueline St.
Julian-Duke 281-481-9630.
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JUSTICE JOURNAL
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DEED RESTRICTION ENFORCE:MENT
Texas Legislature Adopts
Residential Property Owners Protection Act
Over the last several years, Justice Courts have seen an increase
in the. number of Deed Restriction Enforcement actions being
filed, mostly as a result' of increased development of restricted
communities as well as the natural aging of many restricted
neighborhoods. In response to a recent controversial case and
concern regar.ding the authority of Homeowner Associations, The
Texas Legislature passed the Residential Prooertv Owners
Protection Act in the 2001 Legislative session. The Act makes
significant changes to the procedural process for deed restriction
enforcement including the requirement of notifying an owner by
certified mail, describing the violation and giving the owner at
least 30 days to cure' the violation. In addition, the Act gives a
property owner a right to request a hearing before the Board of
the Homeowners Association which must be held before a suit
can be filed. The complete text of the Residential Property
Owners Protection Act is located in Chapter
209 of the Texas Property Code. A complete
listing of all Texas Statutes can be found
under the caption Legislative Resources at
www.capitol.state.tx.us.
$ 647,643
$ 727,757
$ 729,370
$ 41,436
1998
$1,153;490
$ 78,939
1999
$ 1,369,884
Justice
Journal
....................*......
Volume 1, Issue 1
November 2001
Published By:
Judge
Louie Ditta
Justice of the
Peace Precinct 8,
Place 2
Edited By: .
Tracey J. Rushing
STAFF
Angela Allen.
Noel Benedetto
Judy Ghormley
Sandy Jones .
Beth Kessler
Pam Manning
Maria Montano
Jeanette
McClure
Susan Pacifico
Teresa Pavlicek
Mitzi Perez
Tara Reese
Jomarie
Rodriquez
Tracey Rushing
+ 18.8 %
+ 18.5 %
$ 41,840
2000
'$ 1,622,851
3
JUDGE LOUIE DITTA
Justice of the Peace Precinct 8, Place 2
16603 Buccaneer Ln.
Houston, Texas 77062
Mailing
Address
Goes
Here
PRSRT STD
u.s. Postage
PAID
Houston, Tx
Permit #1619
PUT YOUR CLEAR LAKE
COURTHOUSE TO ,WORK FOR YOU
HARRIS COUNTY COU'RTHOUSE
CLEAR LAKE ANNEX
Judge Louie Ditta - Justice of the Peace
(281) 488-8780 .
Commissioner Jim Fonteno
(281) 488-4678
Paul Bettencourt - Tax Assessor
(713) 368-2000
Sheriff Tommy Thomas
(281) 488-4717
Beverly Kaufman - Harris County Clerk
(281) 486-7250
Constable Bill Bailey
(281) 488-4040
Freeman Memorial Branch Library
(281) 488-1906
PUT YOUR CLEAR LAKE COURTHOUSE TO WORK FOR YOU
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OATH OF OFFICE
I, LOIJ i eA. Ditta , do solemnly
swear (or affirm), that I will ~qithfully execute
the duties of 'the office of Mumclpal Court
Judge , of the City of La Porte,
state of Texas, and will to the best of my ability
to preserve, protect and defend the constitution
and laws of the United states and of this state
and the Charter and ordinances of this City; and I
furthermore solemnly swear (or affirm) that I have
not directly or indirectly paid, offered, or
promised to contribute any money, or valuable
thing, or promised any public office or
employment, as a reward to secure my appointment
or the confirmation thereof. So help me :'_God.
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subscrib~fore me this th~day
swo],f: rd
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Nota y Public in and for the
State of Texas
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~e ~tnte of 1[exas .
Statement of Appointed Officer
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I. Loui e A; "Di tta . do 8Olemnl~ swear ror affirmJ. rhafl have rlor *"11..
or Ind'l~bI paid. otltted. promised fo pay. ClOflfrlbufed. or PrOhllsed to confrlbure anv monl'" or thIns of value. or
promised any pubUc otfice or emplcwrnenf. as a reward 10 secure mv apPOin.menf or GOhflnnaflon fhereof. so help Jne God.
of the Munici
Orrlce fo WlIlch l\PPOlnfed
La Porte/Harris
City aud/or Coun.v
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I
SWORN TO and subscrlhed before me by affiant on this %l'? day of
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OATH OF OFFICE
I, Den; se C. Mitrano , do solemnly
swear (or affirm), that I will faithfully ~xecute
the duties of 'the office of Alternate Munlclpal
Court Judge , of the City of La Porte,
state of Texas, and will to the best of my ability
to preserve, protect and defend the constitution
and laws of the United states and of this state
and the Charter and ordinances of this City; and I
furthermore solemnly swear (or affirm) that I have
not directly or indirectly paid, offered, or
promised to contribute any money, or valuable
thing, or promised any public office or
employment, as a 'reward to secure my appointment
or the confirmation thereof. So help me :,:God.
Sworn to and subscribed before me this the____ day
of
Notary Public in and for the
State of Texas
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'aQJe ~tatt of ~exa5 I
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Statement of Appointed Officer
I. Denise C. Mitrano. . do solemnlv swear for atffnnJ. fltaI.1 blue lJor .un..
or Indlrufw paid. offered. promised to paVe oonfrlbofed. or PrOmised to confrlbure 8hY hlDnB~ or .hlnd of value. or
promised any public otftu or eRlPlcwrnenr. a, a reward'o ,ecure mv apPOIntment or cohffnnaflon fbereof. &0 help me God.
Afflanf's S/in'-ure
Alternate Judge of the Municipal Court
Office to Wblc:h Awolnred
La Porte/Harris
C/W aud/or Counlv
SWORN TO and subscrlhed before me by affiant on this day of ,19 .
..
Sigutoro DC PCZSOll Adm1oIs1crin& Oalh
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PrlDIed Name. I
'I1t1a I
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OATH OF OFFICE
I, Thoma ~ G _ R i ChE1Y , do solemnly
swear Cor affirm), that I will.!aithful~y' e~ecute
the duties of 'the office of Alt.ernate Munlclpal
Court Judge , of the City of La Porte,
state o'f Texas, and will to the best of my ability
to preserve, protect and defend the constitution
and laws of the United states and of this state
and the Charter and ordinances of this City; and I
furthermore solemnly swear Cor affirm) that I have
not directly or indirectly paid, offered, or
promised to contribute any money, or valuable
thing, or promised. any public office or
employment, as a reward to secure my appointment
or the confirmation thereof. So help me :'.God.
Sworn to and subscribed before me this the____ day
of
Notary Public in and for the
State of Texas
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I 'aQJe ~tate of 'llCtXa.6 . I
Statement of Appointed Officer
I. Thomas G. Richey " . do 801e,"nf~ ~welM' (or l'tfrmJ. Ilta' ,I bwe liar lIreerl.. -
or 'ndlretew paid. offered. pl"O.nlsed to P2W. oonfrlbufed. or promised fo contrlbure 8'ny mDnB~ 01' .hlns 04 varue. or
promised an51' public office or enlPllWfnenf. 8S & reward,o secure 'nv BPPOIntmenr or cohffnnafloh tbereof. so help me God.
I Affiant's SI"nalure
I .
I Alternate Judge of the Municipal Court
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Otrfce to Wblch Awolnred
La Porte/Harris
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elrv 811d/or Counflf
SWORN TO and subscrlhed before me by affiant on 1hls day of 19 e
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Signaturo or PersCQ ^~ll 0A1h
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PrloIIld Nam~
'Y1do
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MAY MEETING DATES
May 7 - Special Called Meeting to Declare Election Results
May 13 - Cancel Regular Scheduled Meeting
May 20 - Special Called Meeting to Conduct Regular Business
May 27 - Cancel Regular Scheduled Meeting Due to Memorial Day
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CONSENT AGENDA
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