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07&08 White ZoningAFFIOAVIT REqUEST fOn AMENDMENi 70 ZONING ORDINANCE N0. 1710 STATE OF TEXAS COUNTY -OF LIlh1AR DEfORE ME, the unJersigned authority, on this Jay personally appeared dEINA WHITE - ~ who upon oaCh deryoses and says: am JEINA F'HITE ~ and niy aJdress is PHONE NUMBER 903/785-7561 4065 PINE.MiLL Ronn and I have a proprietary n-iesT__ 1n ryroperty located within the corporate timits oF the Cihy of Paris being Jescrtbed as follows: Lo1' S ci7'7[ Bi.ocK 317 . 4065 PINE MILL ROAD "My interesh in the above described property is OWNER. and I do request n cban9e in zonin9 froni pcaicuLTUnaL Uistrict to AGRICI7LTURAL (WITH SPECFIC USE PERMIaD15h1'iCt. 25 DAY CARE CENTER "In suryport of said request I make tlie following answers to questions 1-4: 1. WI17 the re-zoning be in accordance with Clie'orl9inal comprehensive zoninq scheme, as represented by the ryre-estobllslieJ zoning ordlnance and tlie long range nmster plan.and map tliat has been adopteJ by the zoning ordinance7 YES 2. Will the re-zoned designatlon be compatible witli the ctussl(ication and use of adJofnlng lands so as to avoid adverse impact on neiglibors7 YES, THIS PROPERTY IS LOCATED NEXT DODR TO THE NEW PIRE STATION 3. 1s the tract unsuita6le for uses pernittted under the present zoM ng class- iflca H an; therefore fusN fying a change {(1 SOflitlfj? yES, THIS PROPERTY is iN _A ZONE THAT WAS ONCE OUTSIDE THE CITy LIMITS 4. Does the re-zoning bear a substanHal relatlonsliip to tlre public health, saFety, morals or general welfare or protect and preserve I~istorical and cultural places and areas or meet a substantial public needt yES. rxsRE IS A NEED Foa DAY CARE IN THE EAST SIDE OF PARIS 5, HAS R GOP1" QF THE CAND DEED UEEN'SUtiMITTED7 yES ~p . ~J . ~ ca 1..,2X,.~~t~4 Slia ure or nPp can ~ SWORN TO IINOSU65CRIUED DEFORE ME, by the said .TEINA WHITE this 6ch. day af nucusx zpoi Q.Cl.n~cg- OY 0ry uGTic, S a~Ee otTexas F1lEU: S~. - ls • O ~ F JANICE L. WORTHAM NOTAFY PUBLIC STATE OF TEXAS ~~w~ O n,. - . • h~, "O MY Comm. Ery.0542-2005 fa e unn n9liam, ' y er , _ ol 4P fttP Df ("'T! P3Ett8, I 3Caum f111 Ben 6g 0l}eee'~narnte: ~(B p{ y]1 M A R Th.a I. GERALD Eugene 5ihite, Independent Execukot of the Ee[ate.oE TILIVIS EUGEHE PAiFER, deceased, otN<Cwnty of Lamar Snteot Texas laand:ncoeaidenHno altheSnmoF_' T6N AND.NO/100.ii10.00) _ ' - ' - - , ' _ ' DOLLARS and otTer qood and valuable wnefderation 'ie oe IeU.ed p;dby Gerald Eugene xhlte, therecaipt and eufficieney oE rhieh aze ltereby acknwledged, . .000.p I KN C Z tD •F 'T ,-~v ~ ~ ~ . . , . ~ ~ y ACC iH a~ W m •'n 1 m ~II h.re Gnnted. Sald and Conversd an4 67 th<ee praevh do G~q Sel] and Coeve).'u¢ta the uid ' GEAAI.D.SOGP.NB MHITS• . ' . of ahe CountT of . LAliAR Smte of TEXAS . ' all;h~ln chose certain tracts or parcels ofland eitueted in Lamar County. Texas, Texas, descrl6ed as follows, to-vit: All property in Lamarbutu no[g excluding,~n~ha Eugene .Phifer, particulaxly including, . of land: . . . FIRST TAACT: . Situated abou! 16-1/2 miles North 16' East of the City af Paris, Couniy oE Lamar and Skate of Texas, a part of ttle Mitchell Ifeller Survey 1502, and being a 20.6 acre tract and a 6.87 acr 623,ooflthe conveyed Don L. Rodgera by deed recorded in Vol. 544, pa9e Deed Records of said County andState; BEGINNING a[ an iion pin for cozner at the Sou[heast corner of eaid 20.6 acre tract of land; THENCE West at 1484 feet being the centei of a County Road, continuing on a total diatance of 1966 feet to an iron pin for cornez at the Southwest corner of said 7016 acre Lract of land; THENCE North a dieeance of 370 feet to an-icon pSn for carner T3tENCE along,the center of a areek a• follovss North 32 Nee! 38 Eeet, North 60• Eaat 25 feeti North 28' Neet 325 £eetJ North 2'-30' Meet 62 fee[l Nazir 46• Meei 30 feeti Ho`th-3A'Rxa7tacreftractoof~lai~on ndt a ld0nct dD ( =i 1 ~I i . 4+ J~ . +y ~ . ~ i. ; .i '-I i ' '-3v~ . THENCE East a[ 537 feet being thecenter o£ dald County Aoad, . eontinuing on a'total diacance of 2069 feet -0o an iron pin 'for corper at the Northeaei-corner of eaid 6.87 aere iract of landt THENCE South 3' Meeb along the EentBOUndary lina oE said Eeller Survey a.dietance.ot 620 faet ta theplaee -of Deginning and conta 29.I6 aCiea o!'lnnd, SAVE AND EXCEpT 0.57 acta inCluded Sn aaid County Rbad, leaving a-net ncreage ot 27.69 ecree. . TTe vndivided Sntereni of Travis 8u ene Phlfer in and to the tolloLina descr e eracU o an o. . eee Exhibit atGChed t9r Tracb SW +nd 'ihzee. . The♦underslgned conveyance evidenced by thie deed 1s mada -.eubjectto any and ell -eaaemenie,reatrictiona, covenante, conditiona and reaervatSone of recard, if ' any..'applieable to theherein cOndeyed property, or any . ' part thereof. . 70 HAVE AND TO HOLD the abovt dcrnbed Drmisea, togcthv with al] aed aiv`vlu the riehti aod &ppartevaaees lhercb iv avTwia< 6elongin` vnto the uid Gerald EUgene Wh1te, 211e -heinavdaasi(es lorvermd I doherebjbiad myeelt, my Ldn, uecutnn .vd adminianbn, tq Wun¢t and Fart~er De[evd, dl evd sivev4r the uid prtmiw eam eLe.ud Gerald Eugene Mhite, hie 6dn aad wirni npiwt neq paso¢whomw~c.6wfvi17 daiminy, ot to daim t6e ume. or anl yart t6ereol. . . . . YfITNE55 wy 6ud a W6 lOtn dayc( Januaty Wieees, at Rqdest d Gnacae: r Pazis, Texas, . 100 . and as independent Executor ot the e a e , deoeaeed 37 . I ,11' • , 1 . ~ , . , . . . , RST T7UCT; x'perp cf the EnxA Czov Suzvey, aDouG 21 miles easc ran ?ar c. Texas, and beinq a part of the oltl homestead of the laie Mzi. Mary Runt, deceaced, and bounded ac follovs: 8epinrilnq 40 poles south of the tra corner of the oriqinal Enocn Czov Survey, i7ience easc with Ske Pikes SB.-line 40 polea a stake; tAence souCh 40 poles a seake; chence west 40 poles a stnke Sn the 1r8 11ne of the Hunt Awnes[eadi cAcnce . nozCT with the said V8 line, 40 yoles to the plsee of DeqSMinp, contaSninq 10ecies, E%CEPTING 1/3Td of en acre hCietolDie cold and deeded aue ot snld 30 aere.trae[ by D.C. Bearley end vlfe [o T.S. Plke on Ociober 1900, tnd zecorded in Book 95, page 170, of the Lamar courity Deed Reeords, deecrSbW as LOZSOM6: . A par[ of the E. Crov survey, 8eqinnSnq at s atake 40 poles souch of the Nw copnet of'iTe E. Crow-SUrvey; tRenCeeest 40 poles v3CA 5H line of a traet of land known es the Jorn Pearce land; nov ovned by I.S.PSke; thenee couth 15J- feet eo a staker thence vest-60 poles io a stakej thence nortL 281 feet to the place of beginnin9, caniaininq 1/3rd of an acre. eeinq the same proper[y deserlEed in deed trom T.J. Quinn and vife to 5..7. Scocc by deed recordedin Book 251, paqe 360, Lamar Couniy Deed-Reeords: . SECOtrD Tp},Cr; q part of the Enoch Crow Survey and beqinninq BO poles souch of,-the 27N cornet of the E. Crow Survey, belnq the SN eorner of a 30 acre tract conveyed Dy P.C. Payne and wife io D.C. 8easley of date November 6, 1897, recorded in 8ook 88, peqe55, Lamar Couney Deed Records. Thence east vith the 5H line of saiC10 acre trect, 40 poles to itsSE cornerr thence Nor[A wleh the Lq 11ne of came, 40 poles to the NN corner of said traet; [Aence eas2 40 poles to the NE corner of the 300 acre trnct conveyed Ly M.T. Neaves to P.C. Payne deted Hovember 2, 1895, recorded in Book 79, page 351, Lamai Coun[y Deed Aecordsi thence •oueA 172 polea to mosi eastern NE corner of a 30 acre [zacc conveyed Mary C. papne to C.F. Chesney March25, 1919, see deed Dook 130, paqe 26{ , ymar County-Deed Records, thence veat 78 poles io inr+ard cornez of said 30 acze tract; thence nozth 49.2 poles to themoat aor[hern 1.: eorner of said 30 acre tracti.lhence vesi riih the - MB line oL seroe, 52 yoles to a atake Sn-the MB llne oS said Crw Sutvecf thence nortR vith the NB line Lo uld Crw Survey, e2.2 yoles to the place of beqimlaq containlaq 60 acres of land, moze or less. . ~ 135ruc 38 . ..i ; . i c II ~ I i ' . 5 ! f i . I S~ ~ i. ~ r,"I ~ . . 'j 5r i. i -'I 7'...L 4 i ~ ~ i ~ . wdwudnb.morddbym, onlhe dayN. , ,A.O.19 C_ . F" I I ~ 7 . I vW . V9 ,a `.i 9C~ • ; . a .s~k:..~N " . , _ ~ e w::uan m ' dr9 xannr.da.u.ornantee: ' . NAmr. Gerald Cuqene Nh1le - Addn.c 4065 Pine Mi11Road Par1e,Texnn 75460 , . . . , ~ Uekiw,,kdirmenq • - . STATE OF 7EXA3 COUNTYOF LAMAR - 7TlaimtrumenlwuukiwWledRed Eeforememlhe /t dayaf Jnnu&ry .1990 , WG th, ecapaSq~iiy.th/e~rein at^ate,d. q , Hymm :IqI ~ Notary Publie31a4ofTasr . fAnn.Fi9.0F3}9l - Not~ry4 prinled mmr. SiA7EOFTEXAS ~ (Acknewkd~ment) COONTYOF Thtaivtrumentwu~ckmvkdsedEelwemeonlhe dqof' .19 . ~ : ; . ' . . • Mlmmmie~bneaPir¢ . . . . . . . NataryPublk.SlateofTnr . ' Nduy1 Drin4d n~mr. . . (Cerperfte Aeknowkdpnml) $tATEOFTE%AS - COUNTY OF ' - ' This Inn W mrnt wu aekrrovledped 6eforc me m{Ae dsy ef .19 . M. . . ' . . of . mqnntien.an6ehalfafaaidmrpornion. • -NMaryI'ublie.AtateofTexan Nwry'nprintednamr. STATEOFTE%A9 . ( . . . . GOUNTYOF IHEREBYCERTIFYthalNebreyoin[imtrumentofvrilinRwilhi4eer11ficateolwtMnlintion.wnTledfor rwaidlnmroffieeonlhe dwa .A.D.19 n e<bck M., IIIVOI. ..Wie ' .OIIM1lN![IXd. OfYlECW11lJ. . . WTCNE99 MY XAND ud Ne Sed o( ipe Couny Court ofuid Couny, at my offite in tlrdqandlear Wtahon..rinen. . ' , . . (L8.1 . , . . . . . . . . . CaunlyCink ' CavnV.7.xu . . . . . EY.DeWtY. _ Af :135rut 2 . Reterence 6earing: Center line of Pine Mi:{ Raad CP No. 480891 OOOB A FHBM dc 490427 0002 B FlRM G ~q m ! \ Of N as•ss•2s w J ` 6a 399.64' ~ j~ rn Rodd ^ n ~ y M`COr~ Pa" °t y L= 160.119, a° °De y ~CO~s A CH = 157.36' n RPR ~ CB = N 1833'26" W ~ "p (s) tst. s' U ~ m ` tn h 4 o, o ~ a o 0 N N Q. II o m n 6.955 AC ~ 3 b 4 M m ~ o w : a o power Ilne 0 ~ ~ ~ ~Z N `91 C6 c ~ Ifl 0 -w 274.15' S 8935 46 W ~ w o N Road W ~o rJ 0 Z ^ . ll~ ~ line 86'76'32'0E 266088' ~ower ' ~ nMho W uP ~e) O ~ ~ N ^ p City of Paris 0.919 Ac. N .0 ~v ~ V.I. 871, Pa9e 92 LCRPR i° o c o y mu~•_ ia (r) ~ a ~ 266.88' z (a) lat 9 lot 6 lot 5 lot 4 lot 1~ - wndsor Estates EnveioPe 268-D LCPR 0-4 TF~ ~:M ;NELSOAi.. ~ . P~....p : 4025 o 150 75 0 150 300 rs =reset 2~~~ / -y- = tence 1" = 150' pp = power pole J.M. Nelson, RPLS of Texas, #4025 date ciP =1/2. Nelson Surveying Company copped iron pin 920 N. Msin St. Paris, Texas 75480 e03--785,~ IU 903-7*010 ~ Jf1 NekcR ReO+txed Profeemlond Lend Qrvrya d Tarsa, "d15 Thl. wruar Is mly wlid 11 IS hem on nlgMtl mIgnafun end aml. My NenSm mad j wAI wld thb wrvay. 9akn any w,.eti.eiom au utmey a,,.:~aM„ ha.ld b em[eeted /ar IamUcn e} thdr nQeetlra y(Oity Iln. Nelson Surveysng Comparoy 920 North Main Street Paris, Texas 75450 903-785-3551 fax 903-785-3399 e-mail jimn@stargate.lstarnet.com Jim Netson, owner J. M. Neison, Registered ProTessional Land Surveyor ot Texas, #4026 GWhite Disk316 PineMillRoad ECrow#208 FIELD NOTES Situated within the Corporate Limits of the City of Paris, County of Lamar, and State of Texas, a part of the Enoch Crow Survey #208, and being a paR of tract #3, a called 60 acre tract of land conveyed Gerald Eugene White by deed recorded in Vol. 135, Page 36, of the Reai Property Records of said County and State. Beginning at a capped (JMN - 4025) iron pin (s) for comer an el corner of said 60 acre tract, said point being the Northeast corner of a tract of land conveyed Larry G. Fendley by deed recorded in VoI. 709, Page 340, of the Deed Records of said County and State. Thence South 0°09'13" East along an old fence a distance of 771.77 feet to an iron pin (0 in a concrete marker (o for comer at the Southerly Southwest comer of said 60 acre tract, said point being the Easterly Northwest comer of lot 9, block "B", Windsor Estates, said Addition being recorded in Envelope 268-D, Plat Records of said County and State; Thence South 86°16'32" East along the North Boundary Line of said block "B" a distance of 160.70 feet to an iron pin (o for comer at the Southwest corner of a called 0.919 acre tract of land conveyed the City of Paris by deed recorded in Vol. 871, Page 92, of said Real Property Records, said point being in the North Boundary Line of lot 5, of said Windsor Estates; Thence North 6°50'12" East a distance of 150.11 feet to an iron pin (f) for corner at the Northwest corner of said 0.919 acre tract; Thence South 86°16'32" East a distance of 266.88 feet to a capped (JMN - 4025) iron pin (s) for corner at the Northeast corner of said 0.919 acre tract, said point being North 6 Deg. 50 Min. 02 Sec. East a distance of 150.11 ft. from a concrete marker (o at the present Southerly Southeast corner of said 60 acre tract and the Southeast corner of said 0.919 acre tract; Thence North 1°38'06" East along the West Boundary Line of Pine Mill Road a distance of 126.05 feet to a point in a Pine tree (o for corner at an el corner of said 60 acre tract, said point being South 89 Deg. 35 Min. 46 Sec. We .t a distance of 20.01 ft. from a capped (JMN - 4025) iron pin (s) at the presant Easterly Southeast corner of said 60 acre tract, a Northwest corner oi said Pine Mill Road, and the Southwest corner of a called 1.30 acre tract of land conveyed Rnddy McCarzell et ux by deed recorded in Vol. 50, Page 219, of said Real Property Records; Thence North 0°10'18" West a distance of 353.88 feet to a capped (JMN - 4025) iron pin (s) for corner; Thence in a Northwesterly direction around a curve (R=248.59', C=North 18°33'26" West 157.36 ft.) to the left a distance of 160.11 feet to a capped (JMN - 4025) iron pin (s) for corner; Thence North 86°55'25" West a distance of 399.64 feet to the place of beginning and containing 6.955 acres of land, or 302,974.02 sq. ft. of land. I, J.M. Nelson, Registered Professional Land Surveyor of Texas, #4025, certify that the above depicted and described tract of land was taken from an actual survey made on the ground and completed by me on the 12th day of February, 2001, that there doesn't appear to be any visible easements or encroachments other than those shown thereon, and that this tract of land does not appear to lie in a flood zone as indicated by Community Panel No. 480891 0008 A of Hazard Boundary Maps or Community Panel No. 480427 0002 B of the Flood Rate Maps. J.M. Nelson, RPLS of Texas, #4025 date DRAFT ALICE\ORDWORK\CiJRRENT\9-6-01 Zoning Ords September 5, 2001 ORDINANCE NO. AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1710 OF THE CITY OF PARIS, PARIS, TEXAS, AND CHANGING THE BOUNDARIES ESTABLISHED BY THE ZONING MAP OF SAID CITY; ESTABLISHING aN aGiucuLTURaL nTSTiucT (a) wTTx srECIFTC usE rERMTT (zs) DAY CARE CENTER ON LOT 5, CITY BLOCK 317, ON PROPERTY BELONGING TO JEINA WHITE SO AS TO INCLUDE THEREIN TERRITORY FORMERLY DESIGNATED AS AN AGRICULTURAL DISTRICT (A); DESIGNATING THE BOUNDARIES OF THE aGiucuLTURaL nTSTiucT (a) wTTx srECIFTC usE rERMTT (zs) nay CARE CENTER SO ESTABLISHED; PROVIDING FOR A PENALTY NOT TO EXCEED $2,000.00; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Paris, Paris, Texas, has previously received a request for an amendment to the zoning ordinance of the City of Paris; and, WHEREAS, the City Council has subsequently referred said request for amendment to the Planning and Zoning Commission for its review and recommendation in accordance with the City zoning ordinance and State law; and, WHEREAS, the Planning and Zoning Commission did conduct a public hearing on said proposed amendment to the City zoning ordinance and, following said hearing, made formal recommendation to the City Council regarding said proposed change; and, WHEREAS, the City Council ofthe City ofParis did subsequently conduct a public hearing on the aforesaid proposed amendment to the City zoning ordinance, and having considered the recommendations ofthe Planning and Zoning Commission and the testimony and evidence introduced at said public hearing, found and determined that approving the aforesaid zoning change would be consistent with the comprehensive plan of the City of Paris, consistent with the City zoning ordinance, and in the best interests and to the benefit of the public health, safety, and welfare of the citizens of the City of Paris; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF PARIS, PARIS, TEXAS: Section 1. That the findings set out in the preamble of this ordinance are hereby in all things approved. Section 2. That the boundaries heretofore established by the Zoning Map and Ordinance No. 1710 of the City of Paris, Paris, Texas, be, and the same are hereby, changed, and that an AGRICULTURAL DISTRICT (A) WITH SPECIFIC USE PERMIT (25) DAY CARE CENTER be, and the same is hereby, established on LOT 5, CITY BLOCK 317, on property belonging to JEINA WHITE, so as to include in such AGRICLJLTURAL DISTRICT (A) WITH SPECIFIC USE PERMIT (25) DAY CARE CENTER the hereinafter described property, which was formerly and is presently designated as an AGRICLTLTURAL DISTRICT (A), and that the boundaries of said AGRICULTURAL DISTRICT (A) WITH SPECIFIC USE PERMIT (25) DAY CARE CENTER, be, and the same are hereby, established as follows: SITUATED within the corporate limits of the City of Paris, County of Lamar, and State of Texas, being a part of the Enoch Crow Survey #208, and being a part of Tract #3, a called 60 acre tract of land conveyed Gerald Eugene White by deed recorded in Volume 135, Page 36 of the Real Property Records of said County and State, and being more particularly described as follows: BEGINNING at a capped (J1VIN - 4025) iron pin (s) for corner, an el corner of said 60 acre tract, said point being the northeast corner of a tract of land conveyed Larry G. Fendley by deed recorded in Volume 709, Page 340 of the Deed Records of said County and State; THENCE South 0°09'13" East along an old fence a distance of 771.77 feet to an iron pin (f) in a concrete marker (f) for corner at the southerly southwest corner of said 60 acre tract, said point being the easterly northwest corner of Lot 9, Block "B," Windsor Estates, said Addition being recorded in Envelope 268-D, Plat Records of said County and State; THENCE South 86°16'32" East along the north boundary line of said Block "B" a distance of 160.70 feet to an iron pin (f) for corner at the southwest corner of a called 0.919 acre tract of land conveyed the City of Paris by deed recorded in Volume 871, Page 92 of said Real Property Records, said point being in the north boundary line of Lot 5 of said Windsor Estates; THENCE North 6°50' 12" East a distance of 150.11 feet to an iron pin (f) for corner at the northwest corner of said 0.919 acre tract; THENCE South 86°16'32" East a distance of 266.88 feet to a capped (J1VIN - 4025) iron pin (s) for corner at the northeast corner of said 0.919 acre tract, said point being North 6°50'02" East a distance of 150.11 feet from a concrete marker (f) at the present southerly southeast corner of said 60 acre tract and the southeast corner of said 0.919 acre tract; THENCE North 1°3 8'06" East along the west boundary line of Pine MillRoad a distance of 126.05 feet to a point in a Pine tree (f) for corner at an el corner of said 60 acre tract, said point being South 89°35'46" West a distance of 20.01 feet from a capped (J1VIN - 4025) iron pin (s) at the present easterly southeast corner of said 60 acre tract, a northwest corner of said Pine Mill Road, and the southwest corner of a called 1.30 acre tract of land conveyed Roddy McCarrell et ux by deed recorded in Volume 50, Page 219, of said Real Property Records; THENCE North 0° 10' 18" West a distance of 353.88 feet to a capped (J1VIN - 4025) iron pin (s) for corner; THENCE in a northwesterly direction around a curve (R=248.59', C=North 18°33'26" West 157.36 feet) to the left a distance of 160.11 feet to a capped (J1VIN - 4025) iron pin (s) for corner; THENCE North 86°55'25" West a distance of 399.64 feet to the place of beginning and containing 6.955 acres ofland, or 302,974.02 square feet ofland, being number 4065 Pine Mill Road. Section 3. That the Chief Building Official of the City of Paris be, and he is hereby, directed to change the Zoning Map of the City of Paris in accordance with the provisions of Ordinance No. 1710 and the land use map accompanying the same, and in accordance with the provisions of this ordinance. Section 4. That any person violating any of the provisions of this ordinance shall be guilty of a Misdemeanor, and, upon conviction, shall be fined in any sum not to exceed $2,000.00, and each and every day's continuance of any violation of the above-enumerated sections shall constitute and be deemed a separate offense. Section 5. That all ordinances or parts of ordinances in conflict herewith are hereby expressly repealed. Section 6. That this ordinance shall become effective October 1, 2001. PASSED AND ADOPTED by the City Council of the City of Paris, in regular session on this the 6th day of September, 2001. Michael J. Pfiester, Mayor ATTEST: Mattie Cunningham, City Clerk APPROVED AS TO FORM: Larry W. Schenk, City Attorney