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ORDINbNCE ~. ,.// :J .t
AN ORDINANCE AMENDING ORDINANCE NO. 1987 WHICH REGULATES
THE OPERATION OF TAXICMlS,AMBD,LANCJ;.S iWD TOW TRUCKS.
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, mE MAYOR AND COMMON COUNCIL, OF THE CI1Y OF SAN BERNARm NO
00 ORDAIN AS FOLLOWS "
SECTION ONE: ThatOrdinll~ceNo. 1987, Section One, ,of
6 the City of San Bernardino' is her,eby amended to read as follows:
7 SECTION ONE:
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(a) DEFINITIONS., For the purpose of this Ordinance the
9 following terms shall be deemed and construed to have the mean-
10 ings respectively ascribed to them in this section, unless from
11 the particular context it clearly appears that some other mean-
12 ing is intended:
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1. "City" means the City of San Bernardino,California.
2. "Bureau" means the Bureau of Franchises of the City of
15 San Bernardino.
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3. "Carrier" means and includes every person, firm, cor..
17 poration, partnership, joint venture or other form of business
,18 organization engaged in operating, or causing to be operated,
19 any vehiCle required by the provisions of this Ordinance of the
20 "City ,of San Bernardino, as amended, to be covered bya permit.
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4. "Taxicab" means and include/? every vehicle used for the
public transportation of passengers over the streets of, the, City
of San Bernardino, but not over defined routes, irrespective of
whether such operations extend beyond'the City, whether or not
compensation is paid for such transportation, and whether or not
the charge t~ patrons is determined and indicated by the mechan-
ical calculation of a taximeter as defined herein.
5. "Charter Vehicle" means and includes every vehicle
chauffeured limousines
than taxicabs/and sight-seeingv'ehic1es used for the public
6ther,
transportation of passengers for cOlllPertsation over the streets
of the City, not, over defined routes, to a destination and/or
over a route, or routes, designated by the hirer thereof when the
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1 point of origin shall be within this City.
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6. "Chauffered Limousine" means and includes every vehicle,
3 the se,ating capacity of which shall have been specified by the
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manufacturer thereof, to be seven (7) persons, or more, but does
not include a bUS, not equipped with a taximeter, and used for
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6 the transportation of passengers for compensation, over the
7 streets of the City, but not over. defined routes, when point of
8 origin be within the City.
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7. "Sightseeing 'Xeh~,le" means, and.inclu4es every vehicle
10 other than taxicabs an4 clpu:,ter vehicles us.edfoI; the transpoI; ta..
11 tion of passengers for coinpeal!iation over the streets of the City,
12 whether or not over,defiried 1:ol1te$, for sight-seeing purposes or
13 showing points of interest when the route shall be designated by
14 the carrier and ~hen th,e point'ofotig~n shall be within the City.
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8. "compeI;lsatii:i~tta's used 'ih t.hi~ ordinance means and
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16 includes any money"tpi118 of :value,' payment, consideration, re-
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17 ward, tip, donation, gratuity or profit paid, accepted' orre-
18 ceived for transportation of a person or persons or for services
19 rendered, whether paid upon solicitation; demand or contract,
20 or volt1l],tarily, or intended as a gratuity or donation.
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9. "Advertise" means to give public notice either by pub...
22 lication in a newspaper, or by means of handbills, placards,
23 or other written public notice or call to the public attenti,on
24 by any means' wha tsoever.
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10. "Taximeter" 'means a mechanical instrument 01; device
26 by which the charge for hire of a taxicab is meChanically calcu-
27 lated, either for distance traveled, or ff'or waiting time, or
28 both, and upon Which such charge is. plainly r.egisteted by means
29 of figures, indicating dollars arid cents.
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"Taxistand" means a. place on a public street desig"
31.nated by the Bureau for the use,while awaiting employment,. of a
32 vehicle covered by this erdinance.
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12. "Driver" means and includes every person driving.
2 operating. or in charge of any vehicle as defined by this or(H-
3 nance.
4 13.. ' "Dr iver t s Permit" means the permit issued by the Chief
5 of Police to any person operating or driving any vehicle as de-
6 fined by this ordinance.
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14. "Temporary Driver's Permit" means a permit issued by
8 the Chief of Police to any person to temporarily operat~ or
9 drive any vehicle as defined by this ordinance.
15. "Person" means and includes persons, firms corpora-
11 tions. associations. syndicates. joint ventures. joint stock
12 companies, partners~ips, and any other form of business organi-
13 zation.
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16. "Streetnmeans and includes every public street. road.
15 alley, place. way, or highway in the City of San Bernardino.
17. "Ambulance" means any motor vehicle used to transpor t.
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17 move or con~~y a sick. injured or dead person. but does not in-
18 elude a funera1.coach.
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18. "Towing Vehicle" means any vehicle equipped or adapted
20 for towing service or otherwise removing disabled motor vehicles
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from one place to another.", .'
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19. Words used'in tha. drlfi.n'ance in the present tense
include the futike; ~,rd8,,,,seq. in the llIasculine gender include
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the feminine and ne~t~;.andtbe singular number i.nc1udes the
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plural. and thep1.iJp.'fl,l. the, singul~.
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(b) EXCLUStONS AND,EXcEPTtONS. The definitions set forth
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in Section One, sub-section (a), shall not be deemed to' include
towing carriers engaged in towing services other than those
towing services furnished in response to police 1::alls.
SBCTIONTWO: That Ordinance No. 1987. Section Pour, of
311:he Ci,ty of San Bernardino is hereby amended to read as follows;
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SECTION FOtJR.:ISSUANCE OF PERMITS.
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(a) HEARING BEFORE THE BUREAU PRIOR TO GRANTING PERMIT __
INCREASE IN SERVIC,E.. .No pum~t,s~ai1 be gr".nted to any carrier,
as defined herein, except after a hearing thereon, conducted
under and in accordance with such rules and regulations as may,
from time to time, be prescribed therefor by the Bureau, and
until the Bureau shall have determined that .the public conven..
ience and necessity require the operation proposed by the appli-
cant for such permit. ',The Bureau, in determining whether or not
such facts exist, Shall take into considera.tionthe public de-
mand for such service, the adequacy or inadequacy of service
being rendered by other carriers, the effect of SUCh service
upon traffic, the financial responsibility of theapplicaht,
the amount of wages to bepa1d to employees, thecharac:ter of
equipment proposed to be furnished, and any ai1dallother faSh
which the Bureau may deem relevant. BefOre gfanting any such
permit, the Bureau shail require it5 engine,er to present,either
orally, or in writing, a report, together with, his opinion as to'
the existence of J?ublic convenience ,and necessity for the oper-
ation proposed by the al;/plicant. However, the burden of estab-
lishing the existence of);>ublic convenence and n~cessity shall
always be borne by the app1ican,t, and .no I;/ermit shall be issued
unl.ess there has been an affirmative showing of the existence
of such puplic convenience~nd necessity by such applicant.
The foregoing provisions and requirements shall also apply where
an increase in service is requested.
In making, the above determination the Burea,u shall be
gover,lIed by the following:
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One fntaxicab shall be permit ted for ea'ch2, 000
of ,the City of San Bernardino, or major portion thereof.
One(l) ambuIll.nCe~hallbe p~rmit,ted for each 20,000.
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of the City cif'Sa;t',"Bernardino, or major portion thereof.
resid.ents'
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residents
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One (1) chauff~l;'ed, Hmousine shall be permitted for
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each 25,000 residents of the City of San Bernardino, or major
por,tion thereof.
4. The number of residents of the City of San Bernardino
shall be determined by the last preceding official United States
Government Census.
(b) TRANSFEROpe~TlFICArBS. No certificate of public
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convenience and necessity shall be sold, transferred, assigned,
mortgaged or otherwiseconveYEl,d ~ithout the consel).t of the Bureau
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and the Mayor an~ COmmon Coundlapd ,the sale, assignment,
mortgaging or 'otherwiSE!tlo'nV'~1'i!ng;.'any' suchcer tif icate, without
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the consent an!;! appfbval.'Of~sa;.d"Bureau and the Mayor and COl1llTlon
Council first
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hi41 s.hlloll tevo~e said, certificate.
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WREE:' 'I'h~tOidinance No. 1987,of the
City of San
SECTION
Bernardino is hereby amenqed by adding thereto Section Pifteen
as follows:
SECTIONFIFrBEN: RATES - MINIMUM AND MAXIMUM FORCHAUPpEURED
LIMOUSINll SERVICE. The rates or far,es to be charged the public
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18 1, by cnauffeured'limousines shall be such as are prescribed in the
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. carrier's permit, andsb,al.1not be less than the minimum nor
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'II more than the maximum rates v.tlieh are hereby fixed as follows,:
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21 II '(a) The minimum rate shall 'be Two Dollars ($2.00) per
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22 !I hour or Fifteen Cents (15~)per mile, whichever is the greater,
23, il and the hourly rate shall be computed in fractionS of one..half
2 4 " (t) hour. The minimum charge for chauffeured limousine service
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26 '1 (b) The maximum rate shall be Four Dollars ($4.00) per
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27 ;1 hOur or Forty Cents (40~) per mile, wflichever is the greater,
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28 and the hourly rate shall be computed infractions of olle-half
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29 i< (t) hour.
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30 'I (c) The fore,g()ing rates shall apply to time Or mileage,
,I whichever is the greater, u,pond.eparture from the carrier's
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32! principal place of business in the City and until return thereto.
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SECTION FOUR: That Ordinance No. 1987, Section Twenty-One,
2 of the City of San Bernardino is hereby amended to read as follows:
3 SECTION TWENTI-ONE: EMPLOYMENT OF DRIVERS. Vehicles
4 covered by this ordinance shall be operated only by the carrier,
5 if a person, or by a person employed by the carrier, or by a
6 person authorized by a carrier to operate a vehicle under such
7 carrier's permit; all such authorized persons shall be subject
8 to and comply with all the applicable provisions of this ordi-
9 nance, and no carrier shall impose upon such persons any terms
10 or conditions inconsistent with those set forth in this ordinance.
11 If the person so authorized is not an employee, the arrangement,
12 contract, or lease under 1IIhich such authority is exercised shall
13 be in writing, filed with the Bureau, and approved by it before
14 becoming effective, provided, however, that the Bureau shall not
15 approve any such arrangement, contract or lease if any of the
16 terms thereof are not in conformity with the provisions of this
17 ordinance.
18 SECTION ,FIVE: That Ordinance No. 1987, Section Twenty-[Wo,
19 Sub-section (c)" of the City of San Bernardino is hereby amended
20 to read as follows:
21 (c) When an applicant has applied for a Driver's Permit and
22 has pa.id the fee for such permit as required by the ordinances of
23 the City of San Bernardino, the Chief of Police shall, subject to
24 the conditions contained in Subdivision (e) of this Section, issue
25 a Temporary Driver's Permit unless otherwise ordered in writing
26 by the Bureau. Such Temporary Driver's Permit shall have written
27 or printed thereon the expiration date, which shall be thirty (30)
28 days from the date of issuance, and also the fact that such Permit
29 shall automatically become null and void upon the expiration date.
30 After the expiration of the time so allotted, such Temporary Permit
31 shall be of no further force or effect and shall not be renewed
32 or extended. It shall also be subject to suspension and revocation
as elsewhere in this ord~ance provided.
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SECTION SIX: That Ordinance No. 1987, Section Twenty-Seven
1 of the City of San Bernardino is hereby amended to read as
2 follows:
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SECTION TWENlY-SEVEN: IDENTIlY LIGHTS. Every taxicab
4 shall be equipped with a~identity light attached to the top of
5 such taxicab. Said.identity light shall be constructed in one
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unit consisting ofarr' U.l,ulliiJ1~ted plate or cylinde:ruponwhich
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is pr inted the~ war.as "For Hir e~'~, or as approved by the Bureau.
8 The overa1fdil!lE!~Sign~ .0f".l.1eh,.ide-nti ty light shall not exceed
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9 six (6) ine:hes .ij'h'~ight.\)J '#renty (2Q) inches in length. The
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lights of ttie.id~.JJ~~tyi Y1g,htul).:lt'shall be operated manually to
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illuminate said 'ist!nti.t'y.light when the taximeter is not in
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12 operation, indicating .the cab is vacant and for hire, and to.
13 extinguish said identity light when the taximeter is in opera-
14 tion. It shall l:>e unlawful to drive or operate any taxicab with
15 suchictentity light illuminated while carrying passengers. for
16 compensation, and it shall be unlawful to drive, operate or be
17 . in charge of, any taxicab. unless such identity light is iHumiil-
18 ated when such taxicab is for hire. None of the foregoing pro-
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visions requiring .the identity light to be illuminated, spall
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apply during daylight hours.
SECTION S1!VEN:. Tbat O:rdinance' No. 1987, Section Thir ty.....
Thtee, of the City of S.anBernardino i$ hereby amended to read
as follows:
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SECTIONTHIRTY..THREE:
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nup SHEETS -DRIVER' SREPORTS. .
The driver of every vehicle covered by this ordinance shaH' .
keep a complete andaccurate,recotd of each trip upon a daily
trip. sheet, the form of which shall be ap,provedby the B.U,!: ean,
showing the till1~ and place of or igin and. destination of the trip,
thenull1ber of paSsenger.s carried. the make, model, year aM
serial and license nUmber ofa11cars towed,. the mIleage and the
amount of fare or charge collected. This record Shall be filed
weekly by the driver with the Bureau.
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SECTION EIGHT: Tha~ Ordinance No. 1987, Section Thirty--
2 Pive, Sub-sectiO'h;(a~"," of the city of San Bernardino is hereby
3 amended to read as follows:
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(a) It shall be unlawful for any carrier, or driver of any
5 vehicle operated pursuant to the terms of this ordinance, to
6 stand, or permit to stand, any such vehicle while awaiting. em-
7 ployment in front of any residential proPer ty, or at any place
8 other than those places designated by the Bureau and assigned to
9 the carrier operating such vehicle.
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SECTION NINE :Tha t Ordinance No. 1987, Secticin Thir ty--
11 Severt, of the City of San Bernardino is hereby amended to read
12 as follows:
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SECTION THIRTY-SEVEN: BUREAU OP PRANCHISES. A bureaU of
14 Franchises is hereby created, consisting of five persons, appoint-
15 ed by the Mayor with the consent of the Common Council. One
16 . member shall be either ,the Mayor or a Councilman, one shall be a
17 member of the Police Department, one shall be the city license
18 collector, or deputy liCense 'Collector and the remaining two. shall
19 be appointed from the public at large.. They shall hold office
20 I at the pleastlre of the Mayor and Common Council. Any three mem-
21 bers of said Bureau shall constitute a quorum; they ,shall appoint
22 one of their own members as Chairman, .andshall meet as often as
23 their duties under this ordinance shall be reasonably required.
" 24 Said Bureau shall do and perform such services as are delegated
25 to the Bureau "by this. ordinance and any amendments thereof, in-
26 clU(ling the appointment of an engineer, and su.ch other duties'
27 . prescribed by order of the Mayor and Common Council.
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SECTION TEN: That Ordinance No. 1987 is hereby amended
29' by adding thereto a new Section entitled Section Forty~Nine,
,30 reading as follows:
31 SECTION FORTY-NJN11:[ AUlHQ~ITY OF BU~EAU TO ADOPT RULES,.
32 The Bureau'shaIl haVe, subJe,ct to the approval of the
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1 Common Council, power and authority to adopt such rules and
2 regulations as are consistent with the provisions of this ordi-
3 nance.
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SECTION ELEVEN: That Ordinance No. 1987 of the City of San
5 Bernardino is hereby amended by adding thereto a new section
6 entitled Section Fifty, reading as follows:
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SECTION FIFIT: APPEALS.
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(a) MY person aggrieved by any final decision of the
9 Bureau made in its administration of this ordinance, if of the
10 opinion that a decision of the Bureau is an improper application
11 or interpretation of this ordinance may appeal to the Common
12 Council.
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(b) All appeals taken under this section must be taken
14 within ten (10) days from the date that the final decision of
15 the Bureau is mailed or delivered to the parties by filing with
16 the Bureau and the City Clerk a written notice of appeal speci~
17 fying the grounds thereof. The Bureau shall forthwith transmit
18 to the City Clerk all the papers constituting the record upon
19 which the action appealed from was taken.
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(c) The Common Council shall fix a reasonable time for the
21 hearing of the appeal, give due notice to the parties in interest,
22 and decide the same wi thin a reasonable time. Upon the hear ing
23 any party may appear in person or by agent or by attorney.
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(d) The Common Council may, in conformity with the pro-
visions of this ordinance, reverse or affirm, wholly or partly,
or modify, the order, requirement, decision, or determination
appealed from and may maRe such other order, requirement, deci-
sion, or determination as it sees fit.
SECTION TWELVE: This ordinance shall go into effect and
become operative thi~tjr (30) days from the time of its final
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passage and its approval by the Mayor and prior thereto shall
be published'for three consecutive days, exclusive of holidays,
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in the San Bernardino Evening Telegram, a newspaper of general
circulation in the City of San Bernardino.
I HEREBY CERTIFY that the foregoing ordinance was duly
adopted by the Mayor and Common Council of the City of San
Bernardino at a /2:e'4!'dl,/L;'/ meeting thereof held on the ~~
day of JanuarJ{:>19ff. ~~ the :O~;~;i~g_;vot~: /~i~:./ "/~~,,~.
AYES: ~~t..-tA...e:.c F,' 7"4,;/'-/ / l.;t ~>/J-U'j ~~7C~ H-J. /
NOES~~!Ili..C / ABSENT:)ZL7'-~
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//,/ Ci ty Clerk
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I hereby approve the foregoing ordinance this~~~day
of January, 1957.
Approved as to form:
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FILE 0
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6ity Attorney
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JAN 23 1957
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JACK T. FE;FON, City Clo.rk
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BY ...(........:."t,..;r.:..:.(.,;;2;:R,."'~.<::.:..(,.l;Il-..UTY
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