HomeMy WebLinkAboutOrdinance 10411• ,,
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ORDINANCE NO
ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST
OF IMPROVING A PORTION OF, SYCAMORE SCHOOL ROAD UNIT IV, FROM
CROWLEY ROAD (FM 731) WESTERLY EIGHTY-NINE LINEAR FEET AND W EVERMAN
PARKWAY FROM CROWLEY ROAD (FM 731) EASTERLY TWO HUNDRED AND THIRTY-TWO
LINEAR FEET; BEING APART OF THE CROWLEY ROAD PROJECT AND PORTIONS
SUNDRY OTHER STREETS, AVENUES AND PUBLIC PLACES IN THE CITY OF FORT
WORTH, TEXAS; FIXING CHARGES AND LIENS AGAINST ABUTTING PROPERTY
THEREON, AND AGAINST THE OWNERS THEREOF; PROVIDING FOR THE
COLLECTION OF SUCH ASSESSMENTS AND THE ISSUANCE OF ASSIGNABLE
CERTIFICATES IN EVIDENCE THEREOF; RESERVING UNTO THE CITY COUNCIL
THE RIGHT TO ALLOW CREDITS REDUCING THE AMOUNT OF THE RESPECTIVE
ASSESSMENT TO THE EXTENT OF ANY CREDIT GRANTED, DIRECTING THE CITY
SECRETARY TO ENGROSS AND ENROLL THIS ORDINANCE BY COPYING THE CAPTION
OF SAME IN THE MINUTES OF THE CITY COUNCIL OF FORT WORTH, AND
BY FILING THE ORDINANCE IN THE ORDINANCE RECORDS OF SAID CITY, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Fort Worth, Texas, has heretofore ordered that each of the
hereinafter described portions of streets, avenues and public places in the City
Fort Worth, Texas, be improved by raising, grading, and filling same and by
constructing thereon to wit
SYCAMORE SCHOOL ROAD, UNIT IV
AND WEST EVERMAN PARKWAY
Sycamore School Road From Crowley Road Westerly
89 linear feet and W Everman Parkway from
Crowley Road Easterly 232 linear feet, known
and designated as Project No 67-023201-00, to
be improved by constructing a nine-inch thick
reinforced concrete pavement with a seven-inch
high attached concrete curb on an asphaltic
concrete base so that the finished roadway will
be a double thirty-six foot roadway on a variable
Right-of-Way
;,~
The above together with combined concrete curbs and gutter on proper grade and line
are not already so constructed, together with storm drains and other necessary
incidentals and appurtenances, all of said improvements are to be so constructed
as and where shown on the plans and in strict accordance with the Plans
and Specifications therefore A contract has been made and entered into
with The State Department of Hicthways and Public Transportation for the making and
construction of such improvements on the above said portion of Streets, avenues and
public places
WHEREAS, estimates of the cost of the improvements of each such portion of
streets, avenues and public places were prepared and filed and approved and adopted by
the City Council of the City, and a time and place was fixed for a hearing and the
proper notice of the time, place and purpose of said hearing was given and said
hearing was had and held at the time and place fixed therefore, to-wit, on the 3rd
day of October., 1989 at 7:00 P.M., in the Council Chamber in the City Hall in the City
of Fort Worth, Texas, and at such hearing the City Council heard any protests and
objections which were made by the abutting owners in connection with the assessments
to be levied.
NOW THEREFORE.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH, TEXAS, THAT
I
The benefit hearing for the assessment for paving and other improvements
to Sycamore School Road, Unit IV and W. Everman Parkway is hereby closed and all
protests and objections, if any, to the assessments levied are hereby overruled.
II
The City Council, from the evidence, finds that the assessments herein should be
made and levied against the respective parcels of property abutting upon the
saidportions of streets, avenues and public places and against the owners of
such property, and that such assessments and charges are right and proper and
are substantially in proportion to the benefits to the respective parcels of property
by means of the improvements in the unit for which such assessments are levied,
and establish substantial justice and equality and uniformity between the
respective owners of the respective properties, and between all parties concerned,
considering the benefits received and burdens imposed, and further finds that in
each case the abutting property assessed is specially benefitted in enhanced
value to the said property by means of the said improvements in the unit upon
which the particular property abuts and for which assessment is levied and charge
made, in a sum in excess of the said assessment and charge made against the same by
this ordinance, and further finds that the apportionment of the cost of the
improvements is in accordance with the law in force in this City, and the
proceedings of the City heretofore had with reference to said improvements, and is
in all respects valid and regular
III.
There shall be, and is hereby, levied and assessed against the parcels of
property herein below mentioned, and against the real and true owners thereof (whether
such owners be correctly named herein or not) the sums of money itemized below opposite
the description of the respective parcels of property and the several amounts assessed
against the same, and the owners thereof, as far as such owners are known, being as
follows•
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IV
Where more than one person, firm or corporation owns an interest in any
property above described, each said person, firm or corporation shall be personally
liable only for its, her or his pro rata of the total assessment against such property
in proportion as its, his or her respective interest in such property may be released
from the assessment lien upon payment of such proportionate sum
V.
The several sums above mentioned and assessed against the said parcels of
property, and the owners thereof, and interest thereon at the rate of eight percent
(8~) per annum, together with reasonable attorney's fees and costs of collection, if
incurred, are hereby declared to be and are made a lien upon the respective parcels of
property against which the same are assessed, and a personal liability and charge
against the real and true owners of such property, whether such owners be correctly
named herein or not, and the said liens shall be and constitute the first enforceable
lien and claim against the property on which such assessments are levied, and shall be
a first and paramount lien thereon, superior to all other liens and claims, except
State, County, School District, and City ad valorem taxes.
The amounts assessed against the abutting properties and the owners thereof
shall constitute a first and prior Lien upon such properties and personal liability of
the owners thereof and shall be payable upon the acceptance by the City of Fort Worth
of the Project after its completion Said assessments shall be due and payable on or
before thirty days (30) after the acceptance by the City of Fort Worth of the Project,
except that, if the abutting owner so elects, by complying with the terms hereinafter
set forth, said assessments may be paid in installments Said assessments may be paid
in five (5) equal, consecutive annual installments, the first installment to be due
and payable no later than thirty (30) days after the acceptance by the City of Fort
Worth of the Project, and each subsequent installment to be due and payable on an
annual basis on each consecutive anniversary date of the acceptance of the Project; in
the alternative, said assessments may be paid in forty-nine (49) equal consecutive
monthly installments, the first installment to be due and payable no later than thirty
(30) days after the acceptance by the City of Fort Worth of the Project Any owner
electing to pay the assessment in installments, as provided for herein, as a condition
precedent to such election, must execute a promissory note and mechanic's and
materialman's lien contract evidencing the owner's intent to pay the assessment in
accordance with the terms of one of the alternatives hereinabove set forth In any
case in which the owner elects to pay the assessment in installments under either of
the alternatives specified, the assessment shall bear interest from the date of
acceptance of the Project at the rate of eight percent (8~) per annum Should any
installment not be paid on its due date, the City of Fort Worth shall have the option
to accelerate the entire unpaid balance of the assessment and declare the same to be
immediately due and payable, this and other terms governing any default in the payment
of any installment shall be set forth in the mechanic's and materialmen's lien
contract 'and shall be uniform among all owners executing the contract
In addition, the City Attorney shall have the authority to authorize terms of
payment different than those specified herein when the Director has previously
determined that an extreme financial hardship exists.
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VI
If default shall be made in the payment of any assessment, collection thereof
shall be enforced either by the sale of the property by the Assessor and Collector of
Taxes of said City as near as possible in the same manner provided for the sale of
property for the non-payment of ad valorem taxes, or at the option of the City of Fort
Worth, or its assigns, payment of said sums shall be enforced by suit in any court of
competent jurisdiction, or as provided in any mechanic's or materialman's contract as
aforesaid, and said City shall exercise all of its lawful powers to aid in the
enforcement and collection of said assessments
VII.
The total amount assessed against the respective parcels of abutting property,
and the owners thereof, is in accordance with the proceedings of the City relating to
said improvements and assessments thereof, and is less than the proportion of the cast
allowed and permitted by the Iaw in force in the City
VIII..
Although the aforementioned charges have
the respective amounts hereinabove stated, the
itself the right to reduce the aforementioned
certain property owners where deemed appropriate
has herein reserved the right to issue credits,
credits, and will not do so, if same would
discrimination
been fixed, levied, and assessed in
City Council does hereby reserve unto
assessments by allowing credits to
Notwithstanding the City Council
it shall not be required to issue
result in inequity and/or unjust
The principal amount of each of the several assessment certificates to be
issued by the City of Fort Worth, Texas, as hereinafter provided, shall be fixed and
determined by deducting from the amount of any assessment hereinabove levied such
amount or amounts, if any, as may hereafter be allowed by the City Council as a credit
against the respective assessments.
IX
For the purgose of evidencing the several sums assessed against the respective
parcels of abutting property and the owners thereof, and the time and terms of
payment, and to aid in the enforcement and collection thereof, assignable certificates
in the principal amount of the respective assessments less the amount of any
respective credit allowed thereon, shall be issued by the City of Fort Worth, Texas,
upon completion and acceptance by the City of the improvements in each unit of
improvement as the work in such unit is completed and accepted, which certificates
shall be executed by the mayor in the name of the City and attested by the City
Secretary, with the corporate seal of the City impressed thereon, and shall be payable
to the City of Fort Worth, or its assigns, and shall declare the said amounts, time
and terms of payment, rate of interest, and the date of the completion and acceptance
of the improvements abutting upon such property for which the certificate is issued,
and shall contain the name of the owner or owners, if known, description of the
property by lot and block number, or front feet thereon, or such other description as
may otherwise identify the same, and if the said property shall be owned by an estate,
then the description of same as so owned shall be sufficient and no error or mistake in
describing any property, or in giving the name of the owner, shall invalidate or in
anywise impair such certificate, to the assessments levied.
-4=
.+ r
e ~ ~/..
The certificates shall provide substantially that if same shall not be paid
promptly upon maturity, then they shall be collectable, with reasonable attorney's
fees and costs of collection, if incurred, and shall provide substantially that the
amounts evidenced thereby shall be paid to the Assessor and Collector of Taxes of the
City of Fort Worth, Texas, who shall issue his receipt therefore, which shall be
evidence of such payment on any demand for the same, and the Assessor and Collector of
Taxes shall deposit the sums so received by him forthwith with the City Treasurer to
be kept and held by him in a separate fund, and when any payment shall be made in the
City the Assessor and Collector of Taxes upon such certificate shall, upon
presentation to him of the certificate by the holder thereof endorse said payment
thereof If such certificate be assigned then the holder thereof shall be entitled to
receive from the City Treasurer the amount paid upon the presentation to him of such
certificate so endorsed and credited, and such endorsement and credit shall be the
Treasurer's Warrant for making such payment Such payments by the Treasurer shall be
receipted for the holder of such certificate in writing and by surrender thereof when
the principal, together with accrued interest and all costs of collection and
reasonable attorney's fees, if incurred, have been paid in full..
Said certificates shall further recite substantially that the proceedings with
reference to making the improvements have been regularly had in compliance with the law,
and that all prerequisites to the fixing of the assessment lien against the property
described in such certificate and the personal liability of the owners thereof have been
performed, and such recitals shall be prima facie evidence of all the matters recited in
such certificates, and no further proof thereof shall be required in any court
Said certificates may have coupons attached thereto in evidence of each or any of
the several installments thereof, or may have coupons for each of the first four
installments, leaving the main certificate to serve for the fifth installment, which
coupons may be payable to the City of Fort Worth, or its assigns may be signed with the
facsmile signatures of the Mayor and City Secretary
Said certificates shall further recite that the City of Fort Worth, Texas shall
exercise all of its lawful powers, when requested so to do, to aid in the enforcement and
collection thereof, and may contain recitals substantially in accordance with the above
and other additional recitals pertinent or appropriate thereof, and it shall not be
neeessry that the recitals be in the exact form above set forth, but the substance
thereof shall be sufficient The fact that such improvements may be omitted on any
portion of any of said units adjacent to any premised exempt from the lien of such
asessments shall not in anywise invalidate, affect or impair the lien of such assessments
upon other premises
X
Full power to make and levy reassessments and to correct mistakes, errors,
invalidities or irregularities, either in the assessments or in the certificates
issued in evidence thereof, is, in accordance with the law in force in this City,
vested in the City.
XI
All assessments levied are a personal liability and charge against the real and
true owners of the premises described, notwithstanding such owners may not be named,
or may be incorrectly named
-4_
~A
XII
y'f .a ~
The assessments so levied are for the improvements in the particular unit upon
which the property described abuts, and the assessments for the improvements in any
unit are in nowise affected by the improvements or assessments in any other unit, and
in making assessments and in holding said hearing, the amounts assessed for
improvements in any one unit have been in nowise connected with. the improvements or
the assessments therefore in any other unit
XIII
The assessments levied are made and levied under and by virtue of the terms,
powers and provisions of an Act passed at the First Called Session of the Fortieth
Legislature of the State of Texas, known as Chapter 146 of the Acts of said Session and
now shown as Article 1105b of Vernon's Texas Civil Statutes, which Act has been adopted
as an amendment to and made a part of the Charter of the City of Fort Worth, Texas
XIV
The City Secretary is hereby directed to engross and enroll this ordinance
by
copying the caption of same in the Minute Book of the City Council of Fort Worth,
Texas, and by filing the complete Ordinance in the appropriate Ordinance Records of
said City
XV
This ordinance shall take effect and be in full force and effect from and after
the date of its passage and it is so ordained.
PASSED AND APPROVED this day of ~~r~~~ 19
IL~
LROVED AS TO FORM AND LEGALITY'
City Attorney
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CROWLEY ROAD
SYC~1~E 9C3i0pfL, RD ~ W ~ PINY
PR0~7DCT N0. 67-023201-00
JULY 1989
d
PftO~TDCT NO. 67-023201-00 SYCAMORE SCHOOL ~?AD, UNIT IV, FROM CRUWLEY RDAD (FM 731)'
~r ~7ESTERLY EIGHTY-NINE LINEAR FEET AtJD W EVERAfAN PARKF~4Y FRDM CROt7LEY SAD ( ET1 731)
'T.ASTERLY TWO HUND~tED AND THIRTY TWO LINEAR FEET; BEING PART OF C1~dLEY READ PRI,~TDCT, to
be improved by constructing a nine-inch thick reinforced concrete pavement with a
`'seven-inch high attached concrete curb on an asphaltic concrete base sD that the finished
roadway will be a cbuble thirty-six foot roadway on a variable right-of way.
OWI~R & I.DGAL DESCRIPTIOrJ 2CX_JItJG FROIITAGE RATE AMOUt1T ASSESS~4ENT
SYCAMORE SCHOOL ROAD r
a. ~~~~axt~ ~ ~xtLEY Raw
SOUTH WEST SIDE JOHN JENNI[~S SURVEY
000005248833 650.00'ADJ TO:
I.ESTER C. WEATHERBY F 89.00'PAVII~TTT 59.72 5315.08
2l() Z1. 6th ST'~2FL'T 89.00'CURB 3.50 311.50
FORT Z3, TX 76102
A-873 TR 3B 5626.58
AII7USTID
;70^.'^i :•7L~ SIDE SA & MG R R CO SURVEY
000004194047 204.00'ADJ Zn:
SOUTHLAriD CORD E 79.00'PAVEMEt1T 59.72 4717.88
2828 N HASFO/LL AVEtJtIE 79.00'CURB 3.50 276.50
E,AI.LAS TX 75204
A-1463 Tgt 2A 4994.38
5626.58
4994.38
AZ7USTED
EVERt~IAN PAR}47AY
BDGIIa1ING AT CRd~~i.EY RaAD G HERRERA SURVEY
v0<TI;3 EAST SIDE
000004319206
LF~"TER WEATHERBY J 1200.00 AL1J TO:
210 W 6th X1409 297.00'PA~ 59.72 17736.84
FORT ~~I'H, TX 76102 297.00'CURB 3.50 1039.50
A-2027 TR 1
18775.34
A17'JSTED * 18776.34
JULY 1989 -1-
,~
~ 4X•T~R & IEGAL DESCRIPTION
i7OKTfi EAST SIDE
0000005637686
C[3ARLE.S WEATHERBY, JR
210 W 6th STREET #1409
FORT WD~I, TX 76102
A 2027 TR 3H
ADJUSTID
~~dD:
ZONING FRONTAGE
G HERRERA SURVEY
J 1070.00' AU7 ZO:
332.00'PAVfl~TT
332.00'CURB
* ALUUSTED PER PROJDCI' LIMITS
-2-
RAT£ AP'fOC~I' ASSESSMII~7T
59.72 19827.04
3.50 1162.00
20989.04
20989.04
JULY 1989
SYCAMORE SCHOOL RDAD / W EVERMAN PARK«,Y
O06'T DISTRIBUTION:
A. Property owners $ 50,386.34
B. Fort Worth City $ 35,140.28
C. T02AL PROJECT OOST $ 85,526.62
-3-
JULY 1989
r
PRQ7ECT N0. 67-023201-00 SYCAMORE SCHOOL RiJAD, UNiT IV, FROM CROWLEY R<JAD (FM 731)
'~ ~JESTERLY EIGHTY-NINE LINEAR FEET At1D W EVERPfAN PARIb'~Y FROM CROL7LEY ROAD ( F7~! 731)
°EASTERLY TWO HUNDRED AND THIRTY TWO LINEAR FEET; BEIPJG PAFrr OF C.RCJ-JLEY ROAD PROJECT, try
~be improved by constructing a nine-inch thick reinforced concrete pavement with a
seven-inch high attached concrete curb on an asphaltic concrete base so that the finished
roadway will be a double thirty-six foot roadway on a variable right-of way.
t7hTI~R & LEGAL DESCRIPTIOr1 20NING FRONTAGE RATE AMOUNT' ASSESS~4ENT
SYCAMORE SCHOOL ROAD ~ ~ ~ ---- ---__ _ _
D,' ~I`~1IC~ ~ CRO-~~Y RED
SOUTH WEST SIDE JOHN JENt1INGS SURVEY
000005248833 650.00'AA7 TO:
LESTER C. WEATHERBY F 89.00'PAVF3+iENT 59.72 5315.08
2l0 il. 6th S^RF~'T 89.00'CURB 3.50 311.50
FORT WORTH, TX 76102
A-873 TR 3B 5626.58
5626.58
AIITtJSTED
:YJ.':T;i i•F~ SIJE SA & MG R R ~ SURVEY
000004194047 204.00'AI1T T10:
SOUTHLAPJD CORD 79.00'PAVEMEtJT 59.72 4717.88
2828 N HASKELL AVF3'IUE 79.00'CURB 3.50 276.50
DALLAS TX 75204 E
A-1463 TR 2A 4994.38
4994.38
A7JUSTED
EVERMAN PAR~7AY
BDGINNING AT CROtiJI.EY ROAD G HERRERA SURVEY
:OCTT,~ EAST SIDE
030004319206
IESTER WEATHERBY 0 1200.00 AL17 TO:
210 W 6th #1409 ~ 297.00'PAVII~IT 59.72 17736.84
FORT WORTH, TX 76102 297.00'CURB 3.50 1039.50
A-2027 TR 1
13776.34
AATUSTED
18776.34
-1-
a j
;i O~T~R & LEGAL DESCRIPTION ZONING FROiJ!'AGE
..~,YJRTH FAST SIDE G F~RREERA SURVEY
0000005637686
CHARLES yi1EATEiERBY, JR ~ 1070.00' ADJ TL7:
210 W 6th STREET $1409 332.00'PAVII~TT
FART 4JC~Ili , TX 76102 332.00' CURB
A 2027 TR 3H
ADJUSTED
__________
* ADJUSTED PER PROJDCT LIMITS
RATE APl0[lNT ASSESSI~'IEP7T
59.72 19827.04
3.50 1162.00
20989.04
20989.04
-2-
.,, .
s
~:
~,
~~
SYCAMORE SCEi00L ROAD / W ~'RMAN PARK4~,Y
OOST DISTRIBUTION:
A. Property owners $ 50,386.34
B. Fort Worth City $ 35,140.28
C. TOTAL PROJECT OOST $ 85,526.62
/ ji r
f
~~
-3-
~1
v~afER fllE 1
~,rA000UN'TtNC 2
.. TRANSPORT Ti
iUC WORKS-•
DATE REFERENCE
NATER A 1NISTRATION • NUMBER
10-3-89 G-8254
uw.r -
RECOMMENDATION
-~ It is~re-commended that the City Council adopt an ordinance closing the bene-
~__fit hea-ring.._.and levying assessments as proposed, finding that in each case
t-h-e a.butti-ng property is specially benefited in enhanced value in an amount
--equal to-or greater than the amount assessed for the improvements of
Sycamore School Road, Unit IV, from Crowley Road westerly 89 linear feet and
W. Everman Parkway from Crowley Road easterly 232 linear feet.
DISCUSSION
On June 13, 1989 (M&C C-11698), the City Council authorized the City Manager
to execute an agreement with the State Department of Highways and Public
Transportation (SDHPT) providing for additional adjacent improvements to a
State-funded project on Crowley Road from Alta Mesa Boulevard to Risinger
Road. Crowley Road was initially a C.I.P. street, approved in the March,
1986, bond prograrn as an assessment paving project. As a result of a subse-
quent SDHPT policy change, the State will now finance the full cost of
Crowley Road, and there wi11 be no assessments. The additional improvements
include the construction of Sycamore School Road, Unit IV, from Crowley Road
westerly eighty-nine (89) linear feet, and W. Everman Parkway, from Crowley
Roadeasterly two hundred and thirty-two (232) linear feet. The City's share
of these improvements is a fixed sum in the amount of $85,526.62. The City
must pay the full cost of the Sycamore School Road and W. Everman Parkway
approach improvements, and assessments are therefore appropriate. Both
streets abut commercial property only.
SUBJECT BENEFIT HEARING FOR THE PAGE
ASSESSMENT PAVING OF SYCAMORE 2
SCHOOL ROAD, 11NIT IU AND W. > °f -
EVERMAN PARKWAY, PARTS OF THE
CROWLEY ROAD PROJECT
On August 22, 1989 (M&C G-8175), the City Council established October 3,
1989, as the date of the benefit hearing. Notices have been given in accor-
dance with_Article 1105b, V.A.C.S.
~~ .t ~;ri~p ,
~.:;~-,
The project,as-,located in Council District No. 6.
PROJECT DESCRIPTION
M :~, E
Street
Limits
Width/Ft. Row/Ft.
w '~
Sycamore School~~ Road'
W. Everman Parkway v"'y
From Crowley Road
to 89' West
From Crowley Road
to 232' East
2-36'
Roadways
2-36'
Roadways
Variable
Variable
l~~.1 Mra!• ~.
DATE REFERENCE SUBJECT BENEFIT HEARING FOR THE PaGE
NUMBER ASSESSMENT PAVING OF SYCAMORE 2 2
10-3-89 G-8254 SCHOOL ROAD, UNIT IV AND W. --°f-
CROWLEY ROAD PROJECT ,p
PROPOSED IMPROVEMENTS
It is proposed to improve Sycamore School Road, Unit IV, and W. Everman
Parkway by constructing a nine-inch thick reinforced concrete pavernent with a
seven-inch high attached concrete curb on an asphaltic concrete base so that
the finished roadways will be double thirty-six foot in width on variable
rights-of way.
ASSESSMENTS
An independent appraiser has advised the staff as to the amount of enhance-
ment to property values that will result from the proposed improvements.
The independent appraisal substantiates that, as a result of the proposed
construction, each parcel of adjacent property will be enhanced in value by
an amount equal to or greater than the proposed assessment.
Based on standard City policy, the low bid prices, and the advice of the inde-
pendent appraiser, the cost to the property owners for their share of the
construction has been computed at $50,386.34 (59%), and the cost to the City
for Fort Worth, at $35,140.28 (41%).
DAI f/6
APPROVED BY
CITY COUNCIL
OCT 3 1989
c~~ seerei~.y o~ ~a.
c,~, of ~o;~ worm, T+xot~
SUBMITTED FOR THE
CITY MANAGER'S
R A McKinney
DISPOSITION BY COUNCIL.
PROCESSED BY
OFFICE BY ^ APPROVED
ORIGINATING
DEPARTMENT HEAD Gary Santerre ^ OTHER (DESCRIBE)
CITY SECRETARY
FOR ADDITIONAL IN FORMrAT{QJ~ 7805
CONTACT UU OO II ~e 11..
dinance No
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