HomeMy WebLinkAboutORD 01-058 ORDINANCE NO. 01-058
ENTITLED AN ORDINANCE ADOPTING A DROUGHT
CONTINGENCY PLAN; ESTABLISHING CRITERIA FOR THE
INITIATION AND TERMINATION OF DROUGHT RESPONSE
STAGES; ESTABLISHING RESTRICTIONS ON CERTAIN
WATER USES; ESTABLISHING PENALTIES FOR THE
VIOLATION OF AND PROVISIONS FOR ENFORCEMENT OF
THESE RESTRICTIONS; ESTABLISHING PROCEDURES
FOR GRANTING VARIANCES; PROVIDING FOR A
PENALTY; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR REPEAL.
WHEREAS, the City of Beaumont, Texas recognizes that the amount of water
available to the City and its water utility customers is limited and subject to depletion during
periods of extended drought;
WHEREAS, the City recognizes that natural limitations due to drought conditions
and other acts of God cannot guarantee an uninterrupted water supply for all purposes;
WHEREAS, Section 11.1272 of the Texas Water Code and applicable rules of the
Texas Natural Resource Conservation Commission require all public water supply systems
in Texas to prepare a drought contingency plan; and
WHEREAS, as authorized under law, and in the best interests of the citizens of
Beaumont, Texas, the Beaumont City Council (governing body) deems it expedient and
necessary to establish certain rules and policies for the orderly and efficient management
of limited water supplies during drought and other water supply emergencies,
NOW, THEREFORE, BE IT ORDAINED BY
THE CITY OF BEAUMONT:
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Section 1.
THAT Chapter 28 of the Code of Ordinances of the City of Beaumont be and the
same is hereby amended to add a new section 28-58 to read as follows:
28-58. DROUGHT CONTINGENCY
A. Declaration of Policy, Purpose, and Intent
In order to conserve the available water supply and protect the integrity
of water supply facilities, with particular regard for domestic water use,
sanitation, and fire protection, and to protect and preserve public
health, welfare, and safety and minimize the adverse impacts of water
supply shortage or other water supply emergency conditions, the City
of Beaumont hereby adopts the following regulations and restrictions
on the delivery and consumption of water.
Water uses regulated or prohibited under this Drought Contingency
Plan are considered to be non-essential and continuation of such uses
during times of water shortage or other emergency water supply
condition are deemed to constitute a waste of water which subjects the
offender(s) to penalties as defined in Section P. of this Plan.
B. Public Involvement
Opportunity for the public to provide input into the preparation of the
Plan was provided by the City of Beaumont by means of providing a
public meeting to provide opportunity to allow public input. The
meeting was publicly announced through the Beaumont Enterprise.
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The notice for the meeting was posted at City Hall 801 Main St. and
the meeting was held July 31, 2001.
C. Public Education
The City of Beaumont will periodically provide the public with
information about the Plan, including information about the conditions
under which each stage of the Plan is to be initiated or terminated and
the drought response measures to be implemented in each stage.
This information will be provided by means of television
announcements, press releases and utility bill flyers.
D. Coordination with Regional Water Planning Groups
The service area of the City of Beaumont is located within the Region
I, regional water planning area and City of Beaumont has provided
a copy of this Plan to Region I.
E. Authorization
The city manager, or his/her designee is hereby authorized and
directed to implement the applicable provisions of this Plan upon
determination that such implementation is necessary to protect public
health, safety, and welfare. The city manager, or his/her designee,
shall have the authority to initiate or terminate drought or other water
supply emergency response measures as described in this Plan.
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F. Application
The provisions of this Plan shall apply to all persons, customers, and
property utilizing water provided by the City of Beaumont. The terms
"person" and "customer" as used in the Plan include individuals,
corporations, partnerships, associations, and all other legal entities.
G. Definitions
For the purposes of this Plan, the following definitions shall apply:
1. Aesthetic water use: water use for ornamental or decorative
purposes such as fountains, reflecting pools, and water
gardens.
2. Commercial and institutional water use: water use which is
integral to the operations of commercial and non-profit
establishments and governmental entities such as retail
establishments, hotels and motels, restaurants, and office
buildings.
3. Conservation: those practices, techniques, and technologies
that reduce the consumption of water, reduce the loss or waste
of water, improve the efficiency in the use of water or increase
the recycling and reuse of water so that a supply is conserved
and made available for future or alternative uses.
4. Customer: any person, company, or organization using water
supplied by the City of Beaumont.
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5. Domestic water use: water use for personal needs or for
household or sanitary purposes such as drinking, bathing,
heating, cooking, sanitation, or for cleaning a residence,
business, industry, or institution.
6. Even number address: street addresses, box numbers, or rural
postal route numbers ending in 0, 2, 4, 6, or 8 and locations
without addresses.
7. Industrial water use: the use of water in processes designed to
convert materials of lower value into forms having greater
usability and value.
8. Landscape irrigation use: water used for the irrigation and
maintenance of landscaped areas, whether publicly or
privately owned, including residential and commercial lawns,
gardens, golf courses, parks, and rights-of-way and medians.
9. Non-essential water use: water uses that are not essential nor
required for the protection of public, health, safety, and
welfare, including:
(a) irrigation of landscape areas, including parks, athletic
fields, and golf courses, except otherwise provided
under this Plan;
(b) use of water to wash any motor vehicle, motorbike,
boat, trailer, airplane or other vehicle;
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(c) use of water to wash down any sidewalks, walkways,
driveways, parking lots, tennis courts, or other hard-
surfaced areas;
(d) use of water to wash down buildings or structures for
purposes other than immediate fire protection;
(e) flushing gutters or permitting water to run or
accumulate in any gutter or street;
(f) use of water to fill, refill, or add to any indoor or
outdoor swimming pools or jacuzzi-type pools;
(g) use of water in a fountain or pond for aesthetic or
scenic purposes except where necessary to support
aquatic life;
(h) failure to repair a controllable leak(s) within a
reasonable period after having been given notice
directing the repair of such leak(s); and
(1) use of water from hydrants for construction purposes
or any other purposes other than fire fighting.
10. Odd numbered address: street addresses, box numbers, or
rural postal route numbers ending in 1, 3, 5, 7, or 9.
H. Criteria for Initiation and Termination of Drought Response Stages
The city manager, or his/her designee shall monitor water supply
and/or demand conditions on a daily basis and shall determine when
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conditions warrant initiation or termination of each stage of the Plan,
that is, when the specified "triggers" are reached. The triggering
criteria described below are based on known system capacity limits.
Future improvements to the City of Beaumont's water system will
increase capacity and this plan will be modified to reflect the system's
upgraded capacity.
1. Stage 1 Triggers -- MILD Water Shortage Conditions
(a) Requirements for initiation
Customers shall be requested to voluntarily conserve
water and adhere to the prescribed restrictions on
certain water uses, defined in Section G. —
Definitions, when total daily water demand equals or
exceeds 37 million gallons for 3 consecutive days or
38 million gallons on a single day (e.g., based on the
"safe" operating capacity of water supply facilities).
(b) Requirements for termination
Stage 1 of the Plan may be rescinded when all of the
conditions listed as triggering events have ceased to
exist for a period of 3 consecutive days.
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2. Stage 2 Triggers -- MODERATE Water Shortage Conditions
(a) Requirements for initiation
Customers shall be required to comply with the
requirements and restrictions on certain non-essential
water uses provided in Section I. of this Plan when
the total daily water demand equals or exceeds 38
million gallons for 3 consecutive days or 39 million
gallons on a single day
(b) Requirements for termination
Stage 2 of the Plan may be rescinded when all of the
conditions listed as triggering events have ceased to
exist for a period of 3 consecutive days. Upon
termination of Stage 2, Stage 1 becomes operative.
3. Stage 3 Triggers -- SEVERE Water Shortage Conditions
(a) Requirements for initiation
Customers shall be required to comply with the
requirements and restrictions on certain non-essential
water uses for Stage 3 of this Plan when the total daily
water demand equals or exceeds 39 million gallons for
3 consecutive days or 40 million gallons on a single day
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(b) Requirements for termination
Stage 3 of the Plan may be rescinded when all of the
conditions listed as triggering events have ceased to
exist for a period of 3 consecutive days. Upon
termination of Stage 3, Stage 2 becomes operative.
4. Stage 4 Triggers -- CRITICAL Water Shortage Conditions
(a) Requirements for initiation
Customers shall be required to comply with the
requirements and restrictions on certain non-essential
water uses for Stage 4 of this Plan when the total daily
water demand equals or exceeds 40 million gallons for
3 consecutive days or 42 million gallons on a single
day.
(b) Requirements for termination
Stage 4 of the Plan may be rescinded when all of the
conditions listed as triggering events have ceased to
exist for a period of 2 consecutive days. Upon
termination of Stage 4, Stage 3 becomes operative.
5. Stage 5 Triggers -- EMERGENCY Water Shortage Conditions
(a) Requirements for initiation
Customers shall be required to comply with the
requirements and restrictions for Stage 5 of this Plan
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when the city manager, or his/her designee, determines
that a water supply emergency exists based on:
1. Majorwater line breaks, or pump or system failures
occur, which cause unprecedented loss of
capability to provide water service; or
2. Natural or man-made contamination of the water
supply source(s).
(b) Requirements for termination
Stage 5 of the Plan may be rescinded when all of the
conditions listed as triggering events have ceased to
exist for a period of 3 consecutive days.
I. Drought Response Stages
The city manager, or his/her designee, shall monitor water supply and/or
demand conditions on a daily basis and, in accordance with the
triggering criteria set forth in Section H. of this Plan, shall determine that
a m ild, moderate,severe, critical,emergency orwater shortage condition
exists and shall implement the following notification procedures:
1. Notification of the Public (All Trigger Stages):
The city manager or his/here designee shall notify the public by means of:
(a) publication in a newspaper of general circulation, (The Beaumont
Enterprise)
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(b) public service announcements, (local television and radio stations)
2. Additional Notification:
The city manager or his/ her designee shall notify directly, or cause to be
notified directly, the following individuals and entities:
(a) Mayor and members of the City Council and the City of Beaumont Fire
Department (All Trigger Stages)
(b) City and/or County Emergency Management Coordinator (Trigger
stage 3 or above)
(c) TNRCC(required when mandatory restrictions are imposed)(Triggers
4 & 5)
(d) Major water users ( Trigger stage 3 and above)
(e) Critical water users, i.e. hospitals, prisons, etc. (Trigger stage 3 and
above)
(f) Parks/street superintendents&public facilities managers(Any Trigger
stage)
J. Stage 1 Response -- MILD Water Shortage Conditions
Goal: Achieve a voluntary 8 percent reduction in total water demand.
Supply Management Measures:
Reduced flushing of water mains
Discontinue fire hydrant flushing
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Voluntary Water Use Restrictions:
(a) Water customers are requested to voluntarily limit the irrigation of
landscaped areas to Sundays and Thursdays for customers with
a street address ending in an even number(0, 2, 4, 6 or 8), and
Saturdays and Wednesdays for water customers with a street
address ending in an odd number(1, 3, 5, 7 or 9), and to irrigate
landscapes only between the hours of midnight and 10:00 a.m.
and 8:00 p.m to midnight on designated watering days.
(b) All operations of the City of Beaumont shall adhere to water use
restrictions prescribed for Stage 2 of the Plan.
(c) Water customers are requested to practice water conservation
and to minimize or discontinue water use for non-essential
purposes.
K. Stage 2 Response -- MODERATE Water Shortage Conditions
Goal: Achieve a 10 percent reduction in total water demand.
Supply Management Measures:
Reduce or discontinued flushing of water mains
Discontinue fire hydrant testing
Reduced or discontinued irrigation of public landscaped areas
Implement measures to return all system components to full production capacity
Water Use Restrictions. Under threat of penalty for violation, the following water
use restrictions shall apply to all persons:
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(a) Irrigation of landscaped areas with hose-end sprinklers or
automatic irrigation systems shall be limited to Sundays and
Thursdays for customers with a street address ending in an even
number (0, 2, 4, 6 or 8), and Saturdays and Wednesdays for
water customers with a street address ending in an odd number
(1, 3, 5, 7 or 9), and irrigation of landscaped areas is further
limited to the hours of 12:00 midnight until 10:00 a.m. and
between 8:00 p.m. and 12:00 midnight on designated watering
days. However, irrigation of landscaped areas is permitted at
anytime if it is by means of a hand-held hose, a faucet filled
bucket or watering can of five(5)gallons or less, or drip irrigation
system.
(b) Use of water to wash any motor vehicle, motorbike, boat, trailer,
airplane or other vehicle is prohibited except on designated
watering days between the hours of 12:00 midnight and 10:00
a.m. and between 8:00 p.m. and 12:00 midnight. Such washing,
when allowed, shall be done with a hand-held bucket or a hand-
held hose equipped with a positive shutoff nozzle for quick rises.
Vehicle washing may be done at any time on the immediate
premises of a commercial car wash or commercial service
station. Further, such washing may be exempted from these
regulations if the health, safety, and welfare of the public is
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contingent upon frequent vehicle cleansing, such as garbage
trucks and vehicles used to transport food and perishables.
(c) Use of water to fill, refill, or add to any indoor or outdoor
swimming pools,wading pools,or jacuzzi-type pools is prohibited
except on designated watering days between the hours of 12:00
midnight and 10:00 a.m. and between 8 p.m. and 12:00 midnight.
(d) Operation of any ornamental fountain or pond for aesthetic or
scenic purposes is prohibited except where necessary to support
aquatic life or where such fountains or ponds are equipped with
a recirculation system.
(e) Use of waterfrom hydrants shall be limited to fire fighting, related
activities, or other activities necessary to maintain public health,
safety, and welfare, except that use of water from designated fire
hydrants for construction purposes may be allowed under special
permit from the City of Beaumont.
(f) Use of water for the irrigation of golf course greens, tees, and
fairways is prohibited except on designated watering days
between the hours 12:00 midnight and 10:00 a.m. and between
8 p.m. and 12:00 midnight. However, if the golf course utilizes a
water source other than that provided by the City of Beaumont,
the facility shall not be subject to these regulations.
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(g) All restaurants are prohibited from serving water to patrons
except upon request of the patron.
(h) The following uses of water are defined as non-essential and are
prohibited:
1. wash down of any sidewalks, walkways, driveways,
parking lots,tennis courts, or other hard-surfaced areas;
2. use of water to wash down buildings or structures for
purposes other than immediate fire protection;
3. use of water for dust control;
4. flushing gutters or permitting water to run or accumulate
in any gutter or street; and
5. failure to repair a controllable leak(s) within a
reasonable period after having been given notice
directing the repair of such leak(s).
L. Stage 3 Response -- SEVERE Water Shortage Conditions
Goal: Achieve a 12.5 percent reduction in total water demand.
Supply Management Measures:
All measures described for Stage 2
Aggressively locate and repair major water main leaks and breaks
Water Use Restrictions. All requirements of Stage 2 shall remain in effect
during Stage 3 except:
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(a) Irrigation of landscaped areas shall be limited to designated
watering days between the hours of 12:00 midnight and 10:00
a.m. and between 8 p.m. and 12:00 midnight and shall be by
means of hand-held hoses, hand-held buckets, drip irrigation, or
permanently installed automatic sprinkler system only. The use
of hose-end sprinklers is prohibited at all times.
(b) The watering of golf course tees is prohibited unless the golf
course utilizes a water source other than that provided by the City
of Beaumont.
M. Stage 4 Response --CRITICAL Water Shortage Conditions
Goal: Achieve a 15 percent reduction in total water demand.
Supply Management Measures:
All measures described in Stages 2 and 3
Water Use Restrictions. All requirements of Stage 2 and 3 shall remain in effect
during Stage 4 except:
(a) Irrigation of landscaped areas shall be limited to designated
watering days between the hours of 6:00 a.m. and 10:00 a.m.
and between 8:00 p.m. and 12:00 midnight and shall be by
means of hand-held hoses, hand-held buckets, or drip irrigation
only. The use of hose-end sprinklers or permanently installed
automatic sprinkler systems are prohibited at all times.
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(b) Use of water to wash any motor vehicle, motorbike, boat, trailer,
airplane or other vehicle not occurring on the premises of a
commercial carwash and commercial service stations and not in
the immediate interest of public health, safety, and welfare is
prohibited. Further, such vehicle washing at commercial car
washes and commercial service stations shall occur only between
the hours of 6:00 a.m. and 10:00 a.m. and between 6:00 p.m. and
10 P.M.
(c) The filling, refilling, or adding of water to swimming pools,wading
pools, and jacuzzi-type pools is prohibited.
(d) Operation of any ornamental fountain or pond for aesthetic or
scenic purposes is prohibited except where necessary to support
aquatic life or where such fountains or ponds are equipped with
a recirculation system.
(e) No application fornew,additional,expanded, or increased-in-size
water service connections, meters, service lines, pipeline
extensions, mains, or water service facilities of any kind shall be
approved, and time limits for approval of such applications are
hereby suspended for such time as this drought response stage
or a higher-numbered stage shall be in effect.
(f) The use of water for construction purposes from designated fire
hydrants under special permit is to be discontinued.
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N. Stage 5 Response -- EMERGENCY Water Shortage Conditions
Goal: Achieve a 30 percent reduction in total water demand.
Supply Management Measures:
All measures described in stages 2, 3, and 4
Water Use Restrictions. All requirements of Stage 2, 3, and 4 shall remain in effect
during Stage 5 except:
(a) Irrigation of landscaped areas is absolutely prohibited.
(b) Use of water to wash any motor vehicle, motorbike, boat, trailer,
airplane or other vehicle is absolutely prohibited.
(c) All water usage except that required to protect the public health,
safety, and welfare is prohibited.
O: Enforcement
1. No person shall knowingly or intentionally allow the use of water
from the City of Beaumont for residential, commercial, industrial,
agricultural, governmental, or any other purpose in a manner
contrary to any provision of this Plan, or in an amount in excess
of that permitted by the drought response stage in effect at the
time pursuant to action taken by the city manager, or his/her
designee, in accordance with provisions of this Plan.
2. Any person who violates this Plan is guilty of a misdemeanor and,
upon conviction shall be punished by a fine of not less than two
hundred fifty dollars ($250) and not more than two thousand
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dollars ($2000). Each day that one or more of the provisions in
this Plan is violated shall constitute a separate offense. If a
person is convicted of three or more distinct violations of this
Plan, the city manager shall, upon due notice to the customer, be
authorized to discontinue water service to the premises where
such violations occur. Services discontinued under such
circumstances shall be restored only upon payment of a re-
connection charge, hereby established at seventy five dollars
($75), and any other costs incurred by the City of Beaumont in
discontinuing service. In addition, suitable assurance must be
given to the city manager that the same action shall not be
repeated while the Plan is in effect. Compliance with this plan
may also be sought through injunctive relief in the district court.
3. Any person, including a person classified as a water customer of
the City of Beaumont, in apparent control of the property where
a violation occurs or originates shall be presumed to be the
violator, and proof that the violation occurred on the person's
property shall constitute a rebuttable presumption that the person
in apparent control of the property committed the violation, but
any such person shall have the right to show that he/she did not
commit the violation. Parents shall be presumed to be
responsible for violations of their minor children and proof that a
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violation, committed by a child, occurred on property within the
parents' control shall constitute a rebuttable presumption that the
parent committed the violation, but any such parent may be
excused if he/she proves that he/she had previously directed the
child not to use the water as it was used in violation of this Plan
and that the parent could not have reasonably known of the
violation.
4. Any employee of the City of Beaumont, police officer, or other
City of Beaumont employee designated by the city manager, may
issue a citation to a person he/she reasonably believes to be in
violation of this Ordinance. The citation shall be prepared in
duplicate and shall contain the name and address of the alleged
violator, if known, the offense charged, and shall direct him/her to
appear in the City of Beaumont municipal court on the date
shown on the citation for which the date shall not be less than 3
days nor more than 10 days from the date the citation was
issued. The alleged violator shall be served a copy of the citation.
Service of the citation shall be complete upon delivery of the
citation to the alleged violator, to an agent or employee of a
violator, or to a person over 14 years of age who is a member of
the violator's immediate family or is a resident of the violator's
residence. The alleged violator shall appear in the City of
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Beaumont municipal court to enter a plea of guilty or not guilty for
the violation of this Plan. If the alleged violator fails to appear in
the City of Beaumont municipal court, a warrant for his/her arrest
may be issued. A summons to appear may be issued in lieu of
an arrest warrant. These cases shall be expedited and given
preferential setting in , municipal court before all other cases.
P. Variances
The city manager, or his/her designee, may, in writing, grant temporary
variance for existing water uses otherwise prohibited under this Plan if it
is determined that failure to grant such variance would cause an
emergency condition adversely affecting the health, sanitation, or fire
protection for the public or the person requesting such variance and if
one or more of the following conditions are met:
1. Compliance with this Plan cannot be technically accomplished
during the duration of the water supply shortage or other
condition for which the Plan is in effect.
2. Alternative methods can be implemented which will achieve the
same level of reduction in water use.
Persons requesting an exemption from the provisions of this Ordinance shall file a
petition for variance with the City of Beaumont within 5 days after the Plan or a particular
drought response stage has been invoked. All petitions for variances shall be reviewed by the
city manager, or his/her designee, and shall include the following:
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(a) Name and address of the petitioner(s).
(b) Purpose of water use.
(c) Specific provision(s) of the Plan from which the petitioner is
requesting relief.
(d) Detailed statement as to how the specific provision of the Plan
adversely affects the petitioner or what damage or harm will occur
to the petitioner or others if petitioner complies with this
Ordinance.
(e) Description of the relief requested.
(f) Period of time for which the variance is sought.
(g) Alternative water use restrictions or other measures the petitioner
is taking or proposes to take to meet the intent of this Plan and
the compliance date.
(h) Other pertinent information.
Variances granted by the City Manager shall be subject to the following conditions,
unless waived or modified by the city manager or his/her designee:
1. Variances granted shall include a timetable for compliance.
2. Variances granted shall expire when the Plan is no longer in
effect, unless the petitioner has failed to meet specified
requirements.
No variance shall be retroactive or otherwise justify any violation of this Plan occurring
prior to the issuance of the variance.
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Section 2.
That if any section, subsection, sentence, clause or phrase of this ordinance, or the
application of same to a particular set of persons or circumstances should for any reason be
held to be invalid, such invalidity shall not affect the remaining portions of this ordinance, and
to such end the various portions and provisions of this ordinance are declared to be severable.
Section 3.
That any person who violates any provision of this ordinance shall, upon conviction, be
punished as provided in Section 1-8 of the Code of Ordinances of the City of Beaumont,
Texas.
Section 4.
That all ordinances or parts of ordinances in conflict herewith are repealed to the extent
of the conflict only.
PASSED BY THE CITY COUNCIL of the City of Beaumont on this the 31'day of July
31, 2001.
- Mayor-
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