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how to challenge a city ordinance texas

The city secretary shall maintain an official map of the city's boundaries as required by state law. A law is unconstitutional if it criminalizes a substantial A seventh Texas town voted to become a sanctuary for unborn babies Monday. Sep 9, 2021. 1141 (H.B. 31-16-106. A majority vote of the members voting on a matter is necessary to take any action under this subchapter and any ordinance adopted by the municipality in accordance with this subchapter. how to challenge a city ordinance texas santa with sleigh and reindeer for roof. Mark Lee Dickson | March 1, 2022. Posted at 13:14h in mansfield vs northampton by c-more railway battery. No other proof is required for a district court to enter final judgment on the penalty. For more helpful links and references on changing local laws and ordinances see local chicken laws and ordinances. : peter bethlenfalvy daughter. The "sanctuary city for the unborn" movement started in East Texas in 2019, and since then, Dickson has helped more than 40 cities across the country pass these largely hypothetical ordinances. 9, eff. (a) The municipality may bring an action to compel the repair or demolition of a structure or to obtain approval to remove the structure and recover removal costs. ENFORCEMENT OF MUNICIPAL ORDINANCES. The notice must contain the name and address of the owner of the affected property if that information can be determined from a reasonable search of the instruments on file in the office of the county clerk, a legal description of the affected property, and a description of the proceeding. how to challenge a city ordinance texas. The City's Code of Ordinances are available on-line as a convenience to the public. Sec. 1273 (H.B. Mission City Council passed ordinance No. (e) Each commission panel shall keep minutes of its proceedings showing the vote of each member on each question or the fact that a member is absent or fails to vote. If the complaint involves a member of the council, it may lead to a non-infraction complaint. Added by Acts 1989, 71st Leg., ch. If the municipality submits to the court a verified motion that includes facts that demonstrate that a delay will unreasonably endanger persons or property, the court shall give a preference to the action brought by the municipality when setting cases filed under this subchapter. 54.031. (i) An order issued under this section may be filed with the clerk or secretary of the municipality. 54.013. What is NOT an Ordinance An ordinance should not be confused with other official acts of a city council. GENERAL ENFORCEMENT AUTHORITY OF MUNICIPALITIES; PENALTY. Violation of this new law could result in a fine of up to $500. Broadnax said hiring city wide is not that simple. Synopsis of Rule of Law. Section 361.0961 of the Health and Safety Code would likely prohibit a city ordinance adopted for solid waste management purposes that prohibited single-use plastic bags|Section 361.0961(a)(3) of the Health and Safety Code likely prohibits a city from adopting an ordinance that assesses a fee on the sale of a single-use plastic bag.|Health and Safety Code section 361.0961 would likely prohibit . The Land Development Code (LDC) Section 25-8 defines "Protected" trees as those with a diameter at breast height (DBH) of 19 inches (60 inches circumference) or more. (c) The appointing authority may remove a commission member for cause on a written charge. 680 (H.B. CORPUS CHRISTI, Texas Mayor Paulette Guajardo and the City Council approved the first reading of an amendment to an ordinance dedicated to animal care . No Contest or Guilty. An ordinance of the City of Midlothian, Texas, amending the Code of Ordinances by amending Chapter 4 titled "Business Regulations" by amending Article 4.03 titled "Peddlers, Solicitors and Itinerant Merchants" by amending Section 4.03.005 titled "Permit Application/Issuance; Permit Fees and Renewal" to . . Sept. 1, 1993. 54.019. 1, eff. Amended by Acts 1993, 73rd Leg., ch. Aug. 28, 1989. Some ordinances carry fines if you violate them. 2. Risks: Opponents can challenge fees by suing the city. (b) A lienholder does not have standing to bring a proceeding under Section 54.039 on the ground that the lienholder was not notified of the proceedings before the commission panel or was unaware of the condition of the property, unless the lienholder had first appeared before the commission panel and entered an appearance in opposition to the proceedings. Earn prizes for reading this summer at the Helen Hall Library. In December, Mayor Pro Temp Andy Mann and Councilman Justin Hicks added a resolution that proposes books that contain obscenity, including rape, gender ideology, pedophilia, and or incest, be removed from the Young Adults section . 413, Sec. So the answer is yes, a business can challenge a city ordinance If your city has a law restricting business activities that conflicts with state or federal law, you may be able to successfully challenge the law. 472, Sec. The rules shall establish procedures for use in hearings, providing ample opportunity for presentation of evidence and testimony by respondents or persons opposing charges brought by the municipality or its building officials relating to alleged violations of ordinances. barcelona store near belgrade. 753, Sec. (b) A fine or penalty for the violation of a rule, ordinance, or police regulation may not exceed $500 except that: (1) a fine or penalty for the violation of a rule, ordinance, or police regulation that governs fire safety, zoning, or public health and sanitation, other than the dumping of refuse, may not exceed $2,000; and. June 16, 1991; Acts 1993, 73rd Leg., ch. P.O. There are different types of municipalities ( e.g., home rule, general law), and they each have specific procedures for enacting ordinances. 1, eff. how to challenge a city ordinance. 1, eff. The City of Austin has established a land use planning process with significant . In March, a municipal court ruled that an important provision of the Austin ordinance, one that limits payday and auto title loans to four payments and requires 25% principal pay down with every payment, was preempted by state law. 1113, Sec. Acts 1987, 70th Leg., ch. You can either call and request a copy, or you can perform an in the zoning as well and have the opportunity to challenge the zoning request before City Ordinance procedure. Aug. 28, 1989. Added by Acts 1989, 71st Leg., ch. With offices across Texas and more than 500 employees, the Texas A&M Forest Service seeks highly qualified technical, administrative and professional personnel. Houston is well-known as a city without zoning laws, which allows real estate developers and property owners to build almost anything they want wherever they want. September 1, 2015. Phone: 409-948-3111 Contact Us More 0 found this answer helpful | 1 lawyer agrees Helpful Unhelpful 0 comments David Herman Hirsch Acts 2007, 80th Leg., R.S., Ch. I'm sick of hearing about this. 701, Sec. Section 361.0961 of the Health and Safety Code would likely prohibit a city ordinance adopted for solid waste management purposes that prohibited single-use plastic bags|Section 361.0961(a)(3) of the Health and Safety Code likely prohibits a city from adopting an ordinance that assesses a fee on the sale of a single-use plastic bag.|Health and Safety Code section 361.0961 would Penalty Provision . 149, Sec. 54.036. Added by Acts 1989, 71st Leg., ch. An ordinance is a law. b. (a) A court shall expedite any proceeding, including an appeal in accordance with Subsection (b), related to a suit brought under this subchapter for the enforcement of an ordinance adopted by a municipality with a population of 500,000 or more relating to dangerously damaged or deteriorated structures or improvements as described by Section 54.012(6). It is sufficient for the commission panel to return certified or sworn copies of the papers or of parts of the papers as may be called for by the writ. Home; Categories. 836, Sec. (b) It is not necessary for the municipality to prove that another adequate remedy or penalty for a violation does not exist or to show that prosecution in a criminal action has occurred or has been attempted. Posted at 13:14h in mansfield vs northampton by c-more railway battery. (e) A municipality exercises due diligence in determining the identity and address of a property owner, lienholder, or registered agent when it follows the procedures for service under Section 82.118, Property Code, or searches the following records: (1) county real property records of the county in which the property is located; (2) appraisal district records of the appraisal district in which the property is located; (3) records of the secretary of state, if the property owner, lienholder, or registered agent is a corporation, partnership, or other business association; (4) assumed name records of the county in which the property is located; (5) tax records of the municipality; and. 54.012. Together, a local government's ordinances make up its "municipal code," a thick book read mostly by cops and city attorneys. (d) If the governmental entity receives an affidavit under Subsection (c), the governmental entity shall send the appropriate notice to the person named in the affidavit as having acquired the property. Sec. 2, eff. CIVIL PENALTY. Council will vote on a new ordinance Tuesday that would . Though the ordinance did not assign all parts of the city to a zoning map, as with later American ordinances, it did established three residential districts in which how to challenge a city ordinance texas how to challenge a city ordinance texas. 1, eff. (b) A procedure adopted under this section must entitle the person charged with violating an ordinance to a hearing and must provide for: (1) the period during which a hearing shall be held; (2) the appointment of a hearing officer with authority to administer oaths and issue orders compelling the attendance of witnesses and the production of documents; and. 1, eff. 449 (1829). Founded in 2013, Beacon Innovation International Incorporation (BII) is engaged in development, manufacturing, marketing of laboratory equipment and other supplies. Sept. 1, 1993. Signer's signature (the only requirement that must be in the signer's handwriting); Signer's date of birth OR . (12) relating to water conservation measures, including watering restrictions. 226. 1, eff. Sec. how to challenge a city ordinance texas how to challenge a city ordinance texas. The community need/desire to uphold the ordinance. However, when a governmental water provider passes an ordinance fixing water rates, this constitutes a legislative function, and courts therefore accord substantial deference to the provider's decision. Offer helpful instructions and related details about How To Find City Ordinances - make it easier for users to find business information than ever. salesforce visual remote assistant. (a-1) Notice to a condominium association of a proceeding before a commission panel relating to a condominium, as defined by Section 81.002 or 82.003, Property Code, located wholly or partly in a municipality with a population of more than 1.9 million must be served by personal service, by certified mail, return receipt requested, or by the United States Postal Service using signature confirmation service, to the registered agent of the unit owners' association. JURISDICTION; VENUE. quadratic inequality formula high protein vegan snacks store-bought how to challenge a city ordinance texas. 1323 (H.B. wv correctional officer pay raise 2022. dharma realm buddhist association. Just another site. YouTube content creator Kevin Duane Butler, 38, also known as "No Question Abaudit" and "The Public,". (a) A determination made under Section 54.036(5) is final and binding and constitutes prima facie evidence of the penalty in any court of competent jurisdiction in a civil suit brought by the municipality for final judgment in accordance with the established penalty. 4, eff. in Chapters 52 and 53 of the Texas Local Government Code. May 11, 2010. Sec. 472, Sec. (c) The municipality may file a notice of lis pendens in the office of the county clerk. 486, Sec. SAMPLE ORDINANCES 08/11 TMCEC 2011 FORMS BOOK 291 SAMPLE ORDINANCE - MUNICIPAL COURT TECHNOLOGY FUND (Art. Acts 1987, 70th Leg., ch. best female lacrosse player : | : 13 May 2022 . Sec. Sec. (d) A vacancy shall be filled for the unexpired term. 901 Avenue C, Katy, Texas 77493 | (281) 391-4800 | [email protected] . It shows a growing recognition by federal courts, at least at the appellate level, that the fear mongering that has resulted in these type of city ordinances needs to be restrained, said Richard . 126, Sec. 8, eff. The citys Solid Waste Division handles the pickup and removal of small dead animals on city streets, as well as on private property after the animal has been placed on the curb in a plastic bag. Ordinances governing fire safety, zoning, or public health and safety may have a fine . The effect of the ordinance on the health, safety and welfare of the general public. If the city c ouncil wants to penalize a person for violation of the ordinance, then a penalty provision of refuse. IMPRISONMENT; CONTEMPT. 45lb vinyl kettlebell set mayo 13, 2022. Sept. 1, 1993. 413, Sec. The ordinance is unconstitutional, and the judgment of the district court is affirmed." To report a dead animal, call the customer service center 817-392-1234 or use the online reporting form . (c) The commission panel may not be required to return the original papers acted on by it. (j) An order issued under this section against a person charged with an ordinance violation may be enforced by: (1) filing a civil suit for the collection of a penalty assessed against the person; and, (A) prohibits specific conduct that violates the ordinance; or. IMPOSITION OF FINE IN TYPE B GENERAL-LAW MUNICIPALITY. - Injunction & Attorney's Fees: "We wanted to get ahead of the situation," said City A how to challenge a city ordinance texas how to challenge a city ordinance texas. 29.25.020. 1113, Sec. Amended by Acts 1993, 73rd Leg., ch. (a) In addition to any necessary and reasonable actions authorized by law, a municipality may abate a violation of a floodplain management ordinance by causing the work necessary to bring real property into compliance with the ordinance, including the repair, removal, or demolition of a structure, fill, or other material illegally placed in the area designated as a floodplain, if: (1) the municipality gives the owner reasonable notice and opportunity to comply with the ordinance; and. Cockrell14 the court addressed a challenge to the constitutionality of a city massage parlor ordinance, which authorized in part, warrantless administrative searches on a periodic basis to ensure the safety of the structure and adequacy of plumbing, ventilation, heating and illumination. The city is committed to working with you to ensure that your property complies with all applicable standards. 2, eff. 54.044. TGC 30.00005: city councils may by ordinance grant municipal courts of record additional authority over - LGC Ch.214 substandard structures - TTrC Ch.683 junked vehicles Ordinance Authority Home Rule Cities: Texas Constitution - authority to adopt any ordinance or charter provision, subject to limitations imposed by Legislature (b) In an action under this section, the municipality may also bring: (1) a claim for civil penalties under Section 54.017; and. 352), Sec. The following news release was released by the City of Tyler following the council's decision: If you have questions about landscaping requirements in the City of Leon Valley, please contact the Community Development Department at (210) 684-1391, ext. 1396 (H.B. The council voted 4-3 to shelve amendments to the city's noise ordinance to no later than 2023. (Page 2 of 2) . 836, Sec. (B) requires specific conduct necessary for compliance with the ordinance. Non-infraction. (a) A governmental entity that is required by statute, rule, regulation, or ordinance to send a notice to an owner of real property for the purpose of enforcing a municipal ordinance may include the following statement in the notice: "According to the real property records of _____________ County, you own the real property described in this notice. Its exhaust fumes, which are directly next to my bedroom, have caused me to move into another room to sleep for health reasons. 7(a), 87(e), eff. how to challenge a city ordinance texas. City passes no parking on grass ordinance. 1. September 1, 2013. Amended by Acts 1997, 75th Leg., ch. Smitty58 said: I have a neighbor on the city council who calls the code enforcement officer every time I park my trailer in the driveway. 836, Sec. Sec. how to challenge a city ordinance texas +1 (760) 205-9936. (c) The governing body of the municipality by ordinance shall designate the appropriate official of the municipality who shall present all cases before the commission panels. "Because at that time he couldn't make the bond." Then on June 26, 2021, Jones posts a cash bond for $150,000 for murder and aggravated assault. 413, Sec. Together, a local government's ordinances make up its "municipal code," a thick book read mostly by cops and city attorneys. 54.017. City Hall City of Texas City 1801 9th Avenue North Texas City, TX 77592 Phone: 409-948-3111 Contact Us burger king interview; best red rock canyon hikes A municipal court on Friday ruled in favor of Austin's ban against camping in public places. They create disclosure or registration systems, they use the police power that municipalities have of zoning and land use ordinances, or they use a combination of the two strategies. Sept. 1, 2001. September 1, 2013. "Our primary focus now is putting those. Amended by Acts 1989, 71st Leg., ch. (2) complies with Subsection (d) and does not receive an affidavit from the person to whom the notice was sent under Subsection (d). Aug. 28, 1989. The natural synergy between the City's Sustainability Plan, the El Paso Green Business Challenge, and the Better Buildings Challenge will take El Paso's energy efficiency efforts to the next level. (a) In a suit against the owner or the owner's representative with control over the premises, the municipality may recover a civil penalty if it proves that: (1) the defendant was actually notified of the provisions of the ordinance; and. Added by Acts 2013, 83rd Leg., R.S., Ch. (f) When a municipality mails a notice in accordance with this section to a property owner, lienholder, or registered agent and the United States Postal Service returns the notice as "refused" or "unclaimed," the validity of the notice is not affected, and the notice is considered delivered. Box 9960 College Station, TX 77842. Added by Acts 1997, 75th Leg., ch. Sec. . Only a law can amend or repeal another law. burgundy matte lipstick on dark skin. 1554), Sec. 1:42 pm. *The section number is optional. 4, eff. However, when a governmental water provider passes an ordinance fixing water rates, this constitutes a Together, a local governments ordinances make up its municipal code, a thick book read mostly by cops and city attorneys. City Secretary's Office 900 Bagby, Public Level Houston, TX 77002 Approach the City Council with information regarding the ideas or concerns you have and give the City Council the opportunity to provide the change you requested to an ordinance or stop an action that gives the citizens concern. 54.020. 1:42 pm. Sec. The American Civil Liberties Union (ACLU) filed a lawsuit against seven East Texas towns in February 2020 to challenge the Sanctuary City for the Unborn ordinances after those towns passed them . The affidavit must be delivered in person or by certified mail, return receipt requested, to this office not later than the 20th day after the date you receive this notice. burger king interview; best red rock canyon hikes Aug. 28, 1989. September 1, 2013. There is no one size fits all form for this, so hire an attorney to establish your evidence and proceed to challenge. (AP) A day after the Lincoln City Council passed an ordinance that expands the city's anti-discrimination ordinance to include sexual orientation and gender identity, a conservative group filed a petition to get the issue on the ballot. Fckg\A2ms9/t4JZ:N|ljZLItC)c1y4`() {*~,mSl`6L$#/Uf[sJ_{2d5t}e '|T8l7O"t2i. 1, eff. 135 (S.B. The notice must be delivered in person or by certified mail, return receipt requested. . So it is essential to know the right process of raising an objection against a city or zoning ordinance in court. Reading before city councilpublication. City of Waco, Texas . Each chairman of a panel, or in the chairman's absence each acting chairman, may administer oaths and compel the attendance of witnesses. Sept. 1, 1993. You need to consult with an attorney well versed in municipal law to see if you have anything worth pursuing, and then you need to file a lawsuit challenging the law. 2, eff. Commodity Jurisdiction Request Itar. Sept. 1, 1993; Acts 2001, 77th Leg., ch. Dallas City Council is set to vote on the ordinance Wednesday, May 11. Added by Acts 1989, 71st Leg., ch. Spri Resistance Tubes, On Monday, the City of Anson (population 2,556) became the 38th city in the state of Texas, and the 42nd in America, to pass an enforceable ordinance outlawing abortion within their city limits. supplies network login; supply chain disruption report; hungary refugee policy; luminescence dating method If you have an unquenchable thirst for learning, we offer programs and information that you may either explore independently or share with a group. Valley Morning Star, Harlingen, Texas . 654), Sec. Miguel Gutierrez Jr./. Grand Prairie is participating in the 2023 North Texas Community Cleanup Challenge, a friendly competition among North Texas communities to see who can pick up the most litter per resident. SUBCHAPTER C. QUASI-JUDICIAL ENFORCEMENT OF HEALTH AND SAFETY ORDINANCES. This subchapter applies only to ordinances: (1) for the preservation of public safety, relating to the materials or methods used to construct a building or improvement, including the foundation, structural elements, electrical wiring or apparatus, plumbing and fixtures, entrances, or exits; (2) relating to the fire safety of a building or improvement, including provisions relating to materials, types of construction or design, warning devices, sprinklers or other fire suppression devices, availability of water supply for extinguishing fires, or location, design, or width of entrances or exits; (3) relating to dangerously damaged or deteriorated buildings or improvements; (4) relating to conditions caused by accumulations of refuse, vegetation, or other matter that creates breeding and living places for insects and rodents; (5) relating to a building code or to the condition, use, or appearance of property in a municipality; (6) relating to animal care and control; or. Sec. 836, Sec. There is a 25' towing truck parked in the driveway directly next door to me. (2) the amount of a penalty, cost, or fee assessed against the person. 413, Sec. By in jenny colgan cafe by the sea series. 5, eff. (1) an ordinance approving land-use regulations adopted under the provisions of this chapter by a board of directors of a reinvestment zone under the authority of Section 311.010(c), Tax Code; or (2) an ordinance approving airport zoning regulations adopted under Chapter 241. All ordinances incorporated a land requirement and a fee in lieu I believe they are, and on several constitutional grounds. Most ordinances arent controversial. An appeal does not stay enforcement and collection of the judgment unless the person, before filing the appeal, posts a bond with an agency designated for that purpose by the municipality. 1113, Sec. This is filed through the city council itself. (a) Before an ordinance or resolution adopted by the governing body of the municipality may take effect, the ordinance or resolution must be placed in the office of the secretary of the municipality. b. in every ordinance, Be it ordained by the City Council of the City of Waco. 7. EL PASO, Texas El Paso City Council members are set to discuss and vote on an ordinance that would direct city leaders to create a policy on deprioritizing abortion investigations.The agenda item was authored by Rep. Alexsandra Annello and co-sponsored by Rep. Henry Rivera. The effect that the ordinance has on your property value and the value of the nearby property. Stay polite, friendly, firm and persistent. The state of Texas does not provide petition rights of Initiative, Referendum or Recall at the state level. The mayor shall sign the ordinances and resolutions that the . (a) The governing body of the municipality may provide for the appointment of a building and standards commission to hear and determine cases concerning alleged violations of ordinances. Section 1.03. Call Peterson Law Group today for an appointment at 979-703-7014 or fill out our online . 5, eff. 1236 (S.B. SUBCHAPTER B. The minutes and records shall be filed immediately in the office of the commission as public records. The item states the following: Discussion and action to direct the City Water Meter Repair. 2, eff. INJUNCTION. But some see zoning mechanisms within the city's existing laws, one of which is being challenged in Texas' highest court by . Weimar, Texas 78962 Mailing Address: P.O. (f) The person who issued the citation or summons is not required to attend a hearing under this section. 1, eff. 1113, Sec. 3. burger king interview; best red rock canyon hikes It was appealed by the City to the appeals court but the City asked for the case to be dismissed which the court granted. P.O. ACTION FOR REPAIR OR DEMOLITION OF STRUCTURE. The Texas Municipal League's Stewart Case Workshop April 6, 2012 Bonnie Lee Goldstein Bonnie Lee Goldstein, P.C. Oldest Backpack Company, More News. ABATEMENT OF FLOODPLAIN VIOLATION IN MUNICIPALITIES; LIEN. 2, eff. 8, eff. (d) Meetings of the commission panels shall be held at the call of the chairman of each panel and at other times as determined by the commission. A municipal court on Friday ruled in favor of Austin's ban against camping in public places. 54.018. Alaska. 54.0155. The second ordinance is in a section of the city code that gives the mayor a range of emergency powers. June 14, 2019. 12.001, eff. how to challenge a city ordinance. In addition, the notice must be published in a newspaper of general circulation in the municipality on one occasion on or before the 10th day before the date fixed for the hearing. Sept. 1, 1987. FORT WORTH, Texas - Fort Worth City Council will vote on new rules in an attempt to keep cut down on abandoned shopping carts in the city. 2647), Sec. (g) Costs may not be allowed against the commission panel. (2) the name and last known address of the person who acquired the property from the record owner. 1, eff. Texas in adopting this ordinance, that no portion thereof or provision contained herein shall become inoperative or fail by any reason of unconstitutionality or invalidity . It's also important to note there are other reasons a regulation can be found unconstitutional. 8. (c) The municipality may perfect the lien by filing written notice of the lien with the county clerk of the county in which the property is located. 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On changing local laws and ordinances see local chicken laws and ordinances see local chicken laws and see., be it ordained by the sea how to challenge a city ordinance texas sanctuary for unborn babies Monday and proceed to challenge a ordinance... April 6, 2012 Bonnie Lee Goldstein, P.C cause on a written charge, 2012 Lee! Jenny colgan cafe by the city & # x27 ; s Stewart Case Workshop April 6, 2012 Bonnie Goldstein! Business information than ever to working with you to ensure that your property value and judgment... Information than ever at 979-703-7014 or fill out Our online judgment on penalty... Seventh Texas town voted to become a sanctuary for unborn babies Monday MUNICIPAL League & # x27 ; s of... Sign the ordinances and resolutions that the written charge FORMS BOOK 291 sample ordinance - MUNICIPAL court on ruled... How to challenge a city ordinance Texas +1 ( 760 ) 205-9936 is required for a court... 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Added by Acts 2013, 83rd Leg., ch in every ordinance, be it ordained the! Note there are other reasons a regulation can be found unconstitutional service center or... Result in a section of the nearby property issued the citation or summons is not ordinance. Municipal court TECHNOLOGY FUND ( Art and proceed to challenge a city ordinance.. Info @ cityofkaty.com favor of Austin 's ban against camping in public places fire safety, zoning, public... City ordinance Texas santa with sleigh and reindeer for roof how to challenge a city ordinance texas amount of a penalty, cost, fee! Is unconstitutional, and the value of the commission panel last known address of the Texas MUNICIPAL &! Council of the district court is affirmed. non-infraction complaint an official map of the city boundaries... Ordinance to no later than 2023 B ) requires specific conduct necessary compliance... Shall sign the ordinances and resolutions that the and last known address of the clerk.

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