Editor's note–The material in this section
was removed from a revised copy of the charter, which was amended
and approved at an election held May 7, 1994.
A special election shall be had in accordance with the terms
and provisions of the applicable laws of the State of Texas to determine
whether or not this Charter shall be adopted by the City of Lufkin,
Texas. Within five days after such election, the city council shall
meet and canvass the returns of such election. In the event this Charter
is adopted it shall go into effect finally and completely without
further action by the council at midnight on the thirtieth day following
the day of the official canvass of the returns of such election.
(Amended at election of 5/7/94)
The last currently adopted budget for the city immediately prior
to the adoption of this Charter shall be and become the budget for
the same fiscal year under the terms and provisions of this Charter
and shall be in force as such.
(Amended at election of 5/7/94)
All ordinances, resolutions, rules, regulations and contracts
in force in the city on the effective date of this Charter, and not
in conflict with this Charter, shall remain in force until altered,
amended or repealed by the council. All taxes, assessments, liens,
encumbrances and demands, of or against the city fixed or established
before such date, or for the fixing or establishing of which proceedings
have begun at such date, shall be valid when properly fixed or established
either under the law in force at the time of the beginning of such
proceedings or under the law after the adoption of this Charter.
(Amended at election of 5/7/94)
All officers of the city shall, before entering upon the duties
of their respective offices, take and subscribe the official oath
prescribed by the Constitution of the State of Texas.
(Amended at election of 5/7/94)
All public records of every office, department or agency of
the city shall be open to inspection by any citizen at all reasonable
times; provided that police records and any other records closed to
the public by law shall not be considered public records for the purpose
of this section. Nothing in this section shall preclude the city for
charging a reasonable fee for furnishing copies of such public records.
(Amended at election of 5/7/94)
The council shall, by ordinance or resolution, designate a public
newspaper of general circulation in the city as the official organ
thereof and to continue as such until another is designated and shall
cause to be published therein all ordinances, notices and other matter
required by this Charter, by the ordinances of the city or by the
Constitution or laws of the State of Texas to be published.
(Amended at election of 5/7/94)
The city shall not be held responsible on account of any claim
for damages to any person or property unless the person making such
complaint comply with state law within the time frame required by
state law.
(Amended at election of 5/7/94)
The property, real and personal, belonging to the city shall
not be liable for sale or appropriation under any writ of execution.
The funds belonging to the city in the hands of any person, firm or
corporation shall not be liable to garnishment on account of any debt
it may owe or funds or property it may have on hand or owing to any
person. Neither the city nor any of its officers or agents shall be
required to answer any such writ of garnishment on any account whatever.
The city shall not be obligated to recognize any assignment of wages
or funds by its employees, agents or contractors.
(Amended at election of 5/7/94)
It shall not be necessary in any action, suit or proceeding
in which the city shall be a party for any bond, undertaking or security
to be executed in behalf of the city; but all actions, suits and proceedings
shall be conducted in the same manner as if such bond, undertaking
or security had been given. The city shall have all remedies of appeal
provided by law to all courts without bond or security of any kind.
For the purposes of all such actions, suits, proceedings and appeals,
the city shall be liable in the same manner and to the same extent
as if the bond, undertaking or security had been executed and given.
(Amended at election of 5/7/94)
No member of the council or other officer or employee of the
city shall be directly or indirectly interested in any work, business
or contract, the expense, price or consideration of which is paid
from the city treasury or by an assessment levied by an ordinance
or resolution of the council; nor be the surety on the official bond
of any officer of the city or for any person having a contract, work
or business with the city for the performance of which security may
be required, except on behalf of the city as an officer or employee.
Any willful violation of this section shall constitute malfeasance
in office and any officer or employee guilty thereof shall be subject
to removal from his/her office or position. Any violation of this
section with the knowledge, expressed or implied, of the person or
corporation contracting with the city shall render the contract involved
void.
(Amended at election of 5/7/94)
No employee of the City of Lufkin nor any member of the city
council shall ever accept any free ticket, passes, or service or anything
of value, directly or indirectly, from any person, firm, or corporation
upon terms more favorable than are granted to the general public and
any employee of the City of Lufkin who shall violate this section
shall forfeit such employment and any member of the council who shall
violate this section shall, ipso facto, forfeit his/her position as
a member of the council.
(Amended at election of 5/7/94)
No person related within the second degree by affinity or third
degree by consanguinity to any member of the council or the city manager
shall be appointed to or employed by any paid office, position, clerkship
or other position of service of the city. This prohibition shall not
apply to any person who shall have been employed by the city prior
to and at the time of the election of the mayor or councilman or the
appointment of the city manager so related to him/her.
(Amended at election of 5/7/94)
The city council shall designate a bank or banks in the City
of Lufkin as the city depository or depositories which shall be selected
for a period designated by Council not to exceed five years and the
bank or banks in the City of Lufkin which shall offer, in a bid, services
of the greatest net value to the city shall be selected. The city
depository or one of the city depositories, herein provided for, shall
appoint one of its officials who shall perform the duties of the city
director of finance. Said director of finance shall give such bond
as may be required by the council and such bond shall be procured
from some regularly accredited surety company, the premiums to be
paid by the city. The council shall have the right to reject any and
all bids offered as city depository. In case the council should reject
any and all bids offered and no other bids should be submitted, then
the council shall designate some appointive officer of the city who
shall perform the duties of the director of finance but who shall
be duly bonded as above provided.
(Amended at election of 5/7/94)
The City of Lufkin shall be and is hereby divided into six wards
with boundaries established as hereafter adopted by the city council
with the U.S. Justice Department approval and described as follows:
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Central Ward No. 1
|
Beginning at the point where the existing city limits line intersects
the centerline of State Highway No. 103 West, a point for corner;
Thence in a Southeasterly direction following the centerline
of State Highway No. 103 West and Raguet Street to the centerline
of West Denman Avenue, a point for corner;
Thence in a Southeasterly direction following the centerline
of West Denman Avenue to the centerline of South First Street, a point
for corner;
Thence in a Southeasterly direction following the centerline
of South First Street to the centerline of South End Boulevard, a
point for corner;
Thence in a Northeasterly direction following the centerline
of South End Boulevard to the centerline of South Third Street, a
point for corner;
Thence in a Southeasterly direction following the centerline
of South Third Street to the centerline of South Timberland Drive
(U.S. Highway No. 59 South), a point for corner;
Thence in a Northeasterly direction following the centerline
of South Timberland Drive (U.S. Highway No. 59 South) to the centerline
of East Denman Avenue, a point for corner;
Thence in a Northwesterly direction following the centerline
of East Denman Avenue to the centerline of Charlton Street, a point
for corner;
Thence in a Northwesterly direction following the centerline
of Charlton Street to the centerline of South Third Street, a point
for corner;
Thence in a Northeasterly direction following the centerline
of South Third Street to the centerline of East Frank Avenue (State
Highway No. 94), a point for corner;
Thence in a Southeasterly direction following the centerline
of East Frank Avenue (State Highway No. 94 East) to a point on the
centerline projection of North Fifth Street, a point for corner;
Thence in a Northeasterly direction following the centerline
of North Fifth Street to the centerline of Paul Avenue, a point for
corner;
Thence in a Easterly direction following the centerline of Paul
Avenue to the centerline of North Timberland Drive (U.S. Highway No.
59 North), a point for corner;
Thence in a Northerly direction following the centerline of
North Timberland Drive (U.S. Highway No. 59 North) to the centerline
of Atkinson Drive (State Highway No. 103 East), a point for corner;
Thence in a Easterly direction following the centerline of Atkinson
Drive (State Highway No. 103 East) to the centerline of North Warren
Street, a point for corner;
Thence in a Northerly direction following the centerline of
North Warren Street to the centerline of Hoskins Avenue, a point for
corner;
Thence in a Westerly direction following the centerline of Hoskins
Avenue to the centerline of North Timberland Drive (U.S. Highway No.
59 North), a point for corner;
Thence in a Northerly direction following the centerline of
North Timberland Drive (U.S. Highway No. 59 North) to the centerline
of Kurth Drive, a point for corner;
Thence in a Northwesterly direction following the centerline
of Kurth Drive to the centerline of Lakeview Street; a point for corner;
Thence in a Southerly direction following the centerline of
Lakeview Street to the centerline of Sayers Street, a point for corner;
Thence in a Westerly direction following the centerline of Sayers
Street to the centerline of North Avenue, a point for corner;
Thence in a Southwesterly direction following the centerline
of North Avenue to the centerline of the Angelina & Neches River
Railroad, a point for corner;
Thence in a Northwesterly direction following the centerline
of the Angelina & Neches River Railroad to the centerline of McMullen
Street, a point for corner;
Thence in a Northeasterly direction following the centerline
of McMullen Street to the centerline of Kurth Drive, a point for corner;
Thence in a Northwesterly direction following the centerline
of Kurth Drive to the centerline of U.S. Highway No. 69 North, a point
for corner;
Thence in a Northwesterly direction following the centerline
of U.S. Highway No. 69 North to the existing city limits line, a point
for corner;
Thence following the existing city limits line around the Northwest
Loop area to the point of beginning.
|
North Ward No. 2
|
Beginning at the point where the existing city limits line intersects
the centerline of U.S. Highway No. 69 North a point for corner;
Thence in a Southeasterly direction following the centerline
of U.S. Highway No. 69 North to the centerline of Kurth Drive, a point
for corner;
Thence in a Southeasterly direction following the centerline
of Kurth Drive to the centerline of McMullen Street, a point for corner;
Thence in a Southwesterly direction following the centerline
of McMullen Street to the centerline of the Angelina & Neches
River Railroad, a point for corner;
Thence in a Southeasterly direction following the centerline
of the Angelina & Neches River Railroad to the centerline of North
Avenue, a point for corner;
Thence in a Northeasterly direction following the centerline
of North Avenue to the centerline of Sayers Street, a point for corner;
Thence in a Easterly direction following the centerline of Sayers
Street to the centerline of Lakeview Street, a point for corner;
Thence in a Northerly direction following the centerline of
Lakeview Street to the centerline of Kurth Drive, a point for corner;
Thence in a Southeasterly direction following the centerline
of Kurth Drive to the centerline of North Timberland Drive (U.S. Highway
No. 59 North), a point for corner;
Thence in a Southerly direction following the centerline of
North Timberland Drive (U.S. Highway No. 59 North) to the centerline
of Hoskins Avenue, a point for corner;
Thence in a Easterly direction following the centerline of Hoskins
Avenue to the centerline of North Warren Street, a point for corner;
Thence in a Southeasterly direction following the centerline
of North Warren Street to the centerline of Atkinson Drive (State
Highway No. 103 East), a point for corner;
Thence in a Southwesterly direction following the centerline
of Atkinson Drive (State Highway No. 103 East) to the centerline of
North Timberland Drive (U.S. Highway No. 59 North), a point for corner;
Thence in a Southeasterly direction following the centerline
of North Timberland Drive (U.S. Highway 59 North) to the centerline
of East Lufkin Avenue, a point for corner;
Thence in a Easterly direction following the centerline of East
Lufkin Avenue to the centerline of Shady Pine Street, a point for
corner;
Thence in a Northerly direction following the centerline of
Shady Pine Street to the centerline of North Medford Drive (State
Highway Loop No. 287), a point for corner;
Thence in a Northwesterly direction following the centerline
of North Medford Drive (State Highway Loop No. 287) to the centerline
of Atkinson Drive (State Highway No. 103 East), a point for corner;
Thence in a Southwesterly direction following the centerline
of Atkinson Drive (State Highway No. 103 East) to the centerline of
Oleta Street, a point for corner;
Thence in a Northwesterly direction following the centerline
of Oleta Street to the centerline of Broussard Avenue, a point for
corner;
Thence in a Northeasterly direction following the centerline
of Broussard Avenue to the centerline of Glade Street, a point for
corner;
Thence in a Northwesterly direction following the centerline
of Glade Street to the centerline of Old Moffett Road, a point for
corner;
Thence in a Easterly direction following the centerline of Old
Moffett Road to the centerline of the North Medford Drive (State Highway
Loop No. 287), a point for corner;
Thence in a Southeasterly direction to an ell corner in the
existing city limits line being South of Old Moffett Road and East
of North Medford Drive (State Highway Loop No. 287), a point for corner;
Thence following the existing city limits line around Kit McConnico
Park and the North Loop area to the point of beginning.
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East Ward No. 3
|
Beginning at the point where the centerline of North Timberland
Drive (U.S. Highway No. 59 North) intersects the centerline of East
Lufkin Avenue, a point for corner;
Thence in a Easterly direction following the centerline of East
Lufkin Avenue to the centerline of Shady Pine Street, a point for
corner;
Thence in a Northerly direction following the centerline of
Shady Pine Street to the centerline of North Medford Drive (State
Highway Loop No. 287), a point for corner;
Thence in a Northwesterly direction following the centerline
of North Medford Drive (State Highway Loop No. 287) to the centerline
of Atkinson Drive (State Highway No. 103 East), a point for corner;
Thence in a Southwesterly direction following the centerline
of Atkinson Drive (State Highway No. 103 East) to the centerline of
Oleta Street, a point for corner;
Thence in a Northwesterly direction following the centerline
of Oleta Street to the centerline of Broussard Avenue, a point for
corner;
Thence in a Northeasterly direction following the centerline
of Broussard Avenue to the centerline of Glade Street, a point for
corner;
Thence in a Northwesterly direction following the centerline
of Glade Street to the centerline of Old Moffett Road, a point for
corner;
Thence in a Easterly direction following the centerline of Old
Moffett Road to the centerline of North Medford Drive (State Highway
Loop No. 287), a point for corner;
Thence in a Southeasterly direction to an ell corner in the
existing city limits line being South of Old Moffett Road and East
of North Medford Drive (State Highway Loop No. 287), a point for corner;
Thence following the existing city limits line around the East
Loop, Herty, Lufkin Jr. High School, and Leslie Lane area to the centerline
of East Denman Avenue (U.S. Highway No. 69 South), a point for corner;
Thence in a Northwesterly direction following the centerline
of East Denman Avenue (U.S. Highway No. 69) to the centerline of Charlton
Street, a point for corner;
Thence in a Northwesterly direction following the centerline
of Charlton Street to the centerline of South Third Street, a point
for corner;
Thence in a Northeasterly direction following the centerline
of South Third Street to the centerline of East Frank Avenue (State
Highway No. 94), a point for corner;
Thence in a Southeasterly direction following the centerline
of East Frank Avenue (State Highway No. 94) to a point on the centerline
projection of North Fifth Street, a point for corner;
Thence in a Northeasterly direction following the centerline
of North Fifth Street to the centerline of Paul Avenue, a point for
corner;
Thence in a Easterly direction following the centerline of Paul
Avenue to the centerline of North Timberland Drive (U.S. Highway No.
59 North), a point for corner;
Thence in a Southerly direction following the centerline of
North Timberland Drive (U.S. Highway No. 59 North) to the centerline
of East Lufkin Avenue, a point of beginning.
|
Southeast Ward No. 4
|
Beginning at the point where the existing city limits line intersects
the centerline of East Denman Avenue (U.S. Highway No. 69 South),
a point for corner;
Thence in a Northwesterly direction following the centerline
of East Denman Avenue (U.S. Highway No. 69 South) to the centerline
of South Chestnut Street, a point for corner;
Thence in a Southeasterly direction following the centerline
of South Chestnut Street to the centerline of Card Drive, a point
for corner;
Thence in a Southwesterly direction following the centerline
of Card Drive to the centerline of Tulane Drive, a point for corner;
Thence in a Southeasterly direction following the centerline
of Tulane Drive to the centerline of South Medford Drive (State Highway
Loop No. 287), a point for corner;
Thence in a Southwesterly direction following the centerline
of South Medford Drive (State Highway Loop No. 287) and South John
Redditt Drive (State Highway Loop No. 287) to a point on a line projection
of the existing city limits line west of Scenic Acres Drive, a point
for corner;
Thence following the existing city limits line around the Scenic
Acres area, Crown Colony area, the Oak Trace area, and the Fuller
Spring area to the point of beginning.
|
Southwest Ward No. 5
|
Beginning at an ell corner in the existing city limits line,
West of Scenic Acres Drive, a point for corner;
Thence in a Northwesterly direction on a line projection of
the existing city limits line West of Scenic Acres Drive to the centerline
of South John Redditt Drive (State Highway Loop No. 287), a point
for corner;
Thence in a Northeasterly direction following the centerline
of South John Redditt Drive (State Highway Loop No. 287) and North
Medford Drive (State Highway Loop No. 287) to the centerline of Tulane
Drive, a point for corner;
Thence in a Northwesterly direction following the centerline
of Tulane Drive to the centerline of Card Drive, a point for corner;
Thence in a Northeasterly direction following the centerline
of Card Drive to the centerline of South Chestnut Street, a point
for corner;
Thence in a Northwesterly direction following the centerline
of South Chestnut Street to the centerline of Denman Avenue, a point
for corner;
Thence in a Northwesterly direction following the centerline
of Denman Avenue to the centerline of South Timberland Drive (U.S.
Highway No. 59 South), a point for corner;
Thence in a Southwesterly direction following the centerline
of South Timberland Drive (U.S. Highway No. 59 South) to the centerline
of South First Street, a point for corner;
Thence in a Northerly direction following the centerline of
South First Street to the centerline of South Raguet Street, a point
for corner;
Thence in a Northwesterly direction following the centerline
of South Raguet Street to the centerline of Sunset Boulevard, a point
for corner;
Thence in a Southwesterly direction following the centerline
of Sunset Boulevard to the centerline of Moss Drive, a point for corner;
Thence in a Northwesterly direction following the centerline
of Moss Drive to the centerline of White Oak Drive, a point for corner;
Thence in a Westerly direction following the centerline of White
Oak Drive to the centerline of the Southern Pacific Railroad, a point
for corner;
Thence in a Southwesterly direction following the centerline
of the Southern Pacific Railroad to the centerline of Hanks Street,
a point for corner;
Thence in a Westerly direction following the centerline of Hanks
Street to the centerline of Southwood Drive, a point for corner;
Thence in a Northerly direction following the centerline of
Southwood Drive to the centerline of Camp Street, a point for corner;
Thence in a Westerly direction following the centerline of Camp
Street to the centerline of McGregor Drive, a point for corner;
Thence in a Northwesterly direction following the centerline
of McGregor Drive to the centerline of Pershing Avenue, a point for
corner;
Thence in a Southwesterly direction following the centerline
of Pershing Avenue and Old Union Road to the existing city limits
line, a point for corner;
Thence following the existing city limits line around the Brook
Hollow area and South John Redditt Drive (State Highway Loop No. 287)
to the point of beginning.
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Northwest Ward No. 6
|
Beginning at the point where the existing city limits line intersects
the centerline of State Highway 103 West, a point for corner;
Thence in a Southeasterly direction following the centerline
of State Highway 103 West and Raguet Street to the centerline of West
Denman Avenue, a point for corner;
Thence in a Southeasterly direction following the centerline
of West Denman Avenue to the centerline of South First Street, a point
for corner;
Thence in a Southeasterly direction following the centerline
of South First Street to the centerline of South End Boulevard, a
point for corner;
Thence in a Northeasterly direction following the centerline
of South End Boulevard to the centerline of South Third Street, a
point for corner;
Thence in a Southeasterly direction following the centerline
of South Third Street to the centerline of South Timberland Drive
(U.S. Highway No. 59), a point for corner;
Thence in a Southwesterly direction following the centerline
of South Timberland Drive (U.S. Highway No. 59) to the centerline
of South First Street, a point for corner;
Thence in a Northerly direction following the centerline of
South First Street to the centerline of South Raguet Street, a point
for corner;
Thence in a Northwesterly direction following the centerline
of South Raguet Street to the centerline of Sunset Boulevard, a point
for corner;
Thence in a Southwesterly direction following the centerline
of Sunset Boulevard to the centerline of Moss Drive, a point for corner;
Thence in a Northwesterly direction following the centerline
of Moss Drive to the centerline of White Oak Drive, a point for corner;
Thence in a Westerly direction following the centerline of White
Oak Drive to the centerline of the Southern Pacific Railroad, a point
for corner;
Thence in a Southwesterly direction following the centerline
of the Southern Pacific Railroad to the centerline of Hanks Street,
a point for corner;
Thence in a Westerly direction following the centerline of Hanks
Street to the centerline of Southwood Drive, a point for corner;
Thence in a Northerly direction following the centerline of
Southwood Drive to the centerline of Camp Street, a point for corner;
Thence in a Westerly direction following the centerline of Camp
Street to the centerline of McGregor Drive, a point for corner;
Thence in a Northwesterly direction following the centerline
of McGregor Drive to the centerline of Pershing Avenue, a point for
corner;
Thence in a Southwesterly direction following the centerline
of Pershing Avenue and Old Union Road to the existing city limits
line, a point for corner;
Thence following the existing city limits line around the Four
Seasons area and the North John Redditt Drive (State Highway Loop
No. 287) area to the point of beginning.
The term “city limits” as used in this section shall
include any future designation of city limits.
(Amended at election of 5/7/94)
This Charter shall be deemed a public act, shall have the force
and effect of a general law, may be read in evidence without pleading
or proof and judicial notice shall be taken thereof in all courts
and places without further proof.
(Amended at election of 5/7/94)
This Charter shall not be construed as a mere grant of enumerated
powers but shall be construed as a general grant of power and as a
limitation of power on the government of the City of Lufkin, Texas,
in the same manner as the Constitution of Texas is construed as a
limitation on the powers of the legislature. Except where expressly
prohibited by this Charter, each and every power under the Constitution
of Texas which it would be competent for the people of the City of
Lufkin to grant expressly to the city shall be construed to be granted
to the city by this Charter.
(Amended at election of 5/7/94)
If any section or part of a section of this Charter is held
to be invalid or unconstitutional by a court of competent jurisdiction,
such invalidity shall not invalidate or impair the validity, force
or effect of any other section or part of a section of this Charter.
(Amended at election of 5/7/94)
Amendments to this Charter may be framed and submitted to the
electors of the city by a charter commission in the manner provided
by law for framing and submitting a new charter. Amendments may also
be proposed and submitted by ordinance passed by a majority vote of
the membership of the council qualified and serving or by a petition
signed by not less than twenty-five per cent (25%) of the number who
voted at the last regular municipal election; provided, however, that
in the latter case the petition must bear the signatures of at least
ten per cent (10%) of the qualified voters of the city. When a charter
amendment petition shall have been filed with the council in conformity
with the provisions of this Charter the council shall forthwith provide
by ordinance for submitting such proposed amendment to a vote of the
electors. Any ordinance for submitting a charter amendment to the
electors shall provide that such amendment be submitted at the next
regular municipal election if one shall occur not less than sixty
(60) nor more than one hundred twenty (120) days after the passage
of the ordinance; otherwise it shall provide for the submission of
the amendment at a special election to be called and held within such
time. If a proposed amendment is approved by majority of the electors
voting thereon it shall become a part of the Charter at the time fixed
therein. Each amendment shall be confined to one subject and when
more than one amendment shall be submitted at the same time they shall
be so submitted as to enable the electors to vote on each amendment
separately.
November 10, 1965
|
To the Mayor and Members of the City Council
City of Lufkin
Lufkin, Texas
|
Gentlemen:
In the election held on the 12th day of October, 1965, the voters
of the City of Lufkin voted affirmatively on the question “Shall
a Commission be chosen to frame a new Charter” and elected the
undersigned as members of the Charter Commission each of whom duly
qualified after his/her election.
After a lengthy study of the problems involved and full consideration
of the ends to be sought, the Charter Commission has prepared and
given its final approval to a new charter, a copy of which is attached
hereto, for submission to the qualified voters of this city in an
election to be held for that purpose.
Pursuant to the responsibility and obligation imposed upon it
by law, the Charter Commission has determined, and hereby certifies:
1.
That the annexed
Charter is a true and correct copy of the Charter prepared by this
Charter Commission.
2.
That in the
submission of this Charter to the voters it would be impracticable
to segregate each subject for a separate vote thereon because the
Charter is so constructed that in order to enable it to function effectively
it is necessary that it be adopted in its entirety. Therefore it is
to be submitted so as to be voted upon as a whole.
3.
That the election
for this purpose is to be held in the City of Lufkin on the 1st day
of February, 1966.
4.
That the Charter
Commission completed its work on the 9th day of November, 1965, which
is within 90 days of the date set for such election.
Respectfully submitted,
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Reagan Parker, Chairman
| |
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Walter Atwell
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Rev. H. E. Small
|
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Carl Lively
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Dr. George Thannisch
|
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Harold E. Kaemmerling
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Mrs. Jeff Noble
|
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E. Lynn Metteauer
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Bayo Hopper
|
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Edgar C. Wareing
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Joe W. Stegall
|
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E. Gordon Horn
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Wyatt W. Leinart
|
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Mrs. B. E. Atkinson, Jr.
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William Drew Perkins
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(Amended at election of 5/7/94)
