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HomeMy WebLinkAboutOrdinance 9091~ Y: Z` ORDINANCE N0.~9L- ORDINANCE CLOSING HEARING AND LEVYING ASSESSMENTS FOR PART OF THE COST OF IMPROVING A PORTION OF_ _CARTEN~E and GREENLEE STREET _ .. __ AND PORTIONS OF 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 CERTIFI- GATES IN EVIDENCE WHEREOF: 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 'I'0 EN- GROSS 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 CITYs 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 of Fort Worth, Texas, be improved by raising, grading, or filling same and by constructing thereon to-wit: CARTEN LANE From Beaty Street to the North Property Line of Lot 22R, Block 2, Eastern 'Meadows Addition, Known and designated as Project No. 030-036771-00, Unit I, a five-inch thick hot-mix asphaltic concrete pavement with seven-inch high concrete curb-and eighteen-inch wide concrete gutter on a five-inch thick, lime stabilized subgrade, so that the finished roadway will be twenty-eight feet wide. GREENLEE STREET From Carters Lane to Janice Lane, known and designated as Project No. 030-036771-00, Unit IA, a five-inch thick hot-mix asphaltic concrete pavement with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a five-inch thick lime stabilized subgrade, so that the finished roadway will be twenty-eight feet wide ,.; The above, together with combined concrete curbs and gutter on proper grade and line where same are not already so constructed, together with storm drains and other necessary incidentals and appurtenances , all of said improve- ments are to be so constructed as and where shown on the plans and in strict accordance with the Plans and Specifications therefor and contract has been made and entered into with Lowell B. Allison Contractor, Inc . 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 therefor, to-wit, on the 8th day of Maw , 19~_, 1 ~ _ nn a _M_ , in the Council Chamber in the City Hall in the City of Fort Worth, Texas, and at such- hearing the following protests and objections were made, to-wit ted that protested that protested that __-. -___protested that protested that __ _ _-__.---__ ____-__ ____ _protested that __. ___-__-______-__ _ _ ,__ __protested that - - ----- - - ---- - -- ---- ------------ --protested that that __. _-__protested that and said hearing was continued to the present time in order to more fully accomplish the purposes thereof, and all desiring to be heard were given full and fair opportunity to be heard, and the City Council of the City having 1'ullt considered all proper matter, is of the opinion that the said hearing should be closed and assessments should be made and levied as herein or•der•ed NOVb' 'I'I[I?,ItIFOP.F: BE IT ORDAINED BY THE CITY COLTNCIL OF THE CITY OF FORT WORTH, TF:XA~, 'THAT I. ~ttici hearing Ire anti the same is hereby, closed and the said protest and ob•jertions, and any and all other lrrotests and objections, whether herein enumerated or or not, Ire alld the same are hereby, overruled II. The (.its (.uuncil i'rom the evidence tads that the assessments herein levied should be made and levied against the respective lrarcets of pt•upert~ abutting rrpou the said portions of streets, avenues and public places and against the owners of such property, and that such assessments and charges are right and proper and ar•e substantially in proportion to the benefits to the respective parcels of property Irv means of the improvements in the unit for whrrh such assessments are levied, and establish substantr<rl justice and equality and uniformity between the respective owners of the respective properties, and I>etween all parties concerned, considering the benefits received and but•dens imposed, and further finds that in each case the abutting property assessed is specially benefited in enhanced value to the s~rid property b~ means of the said improvements in the unit upon which the particular property abuts and f•or y hrc•h assessmer?t is levied and charge made, in a sum in excess of the said assessment and charge made against the same b~ this ordrnxnc•e, and further finds that the apportion- ment of the cost of the improvements rs in accordance ~~rth the law in force m this City, and the proceedings of the Cit. heretot•ore had ~~ ith reference to card rmpro~ :~r7urnts <u?d is rn all respects valid and regular III 1'het•e shall be and is herel>~ lei ied and assessed ag<rinst the parcels of propet•t~ herein below mentioned, and ~rgainst the re~rl and true o~~ers thereof (~tihether such oti~er. be c•orrec•tl~ named herein or not) the sums of money itemired 1>eiow opposite the description o1• the respec tip e parcels of property and the several amounts assessed against the same and the owners thereof as f?u as such ownet•s are known being as follows 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 propor- tion as its, his or her respective interest bears to the total ownership of such pro- perty, and its, his or 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 pro- perty, 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 sums so assessed against the abutting property and the owners thereof shall be and become due and payable as follows, to-wit• in five (5) equal installments, due respectively on or before thirty (30) days, one (1), two (2), three (3), and four (4) years from the date of completion and acceptance of the improvements in the respective unit, and the assessments against the property abutting upon the remaining units shall be and become due and payable in such installments after the date of the completion and acceptance of such respective units, and shall bear interest from said date at the rate of eight percent (8%) per annum, payable annually with each installment, except as to the first installment, which shall be due and payable at the maturity thereof, so that upon the completion and acceptance of the improvements in a particular unit, assessments against the property abutting upon such completed and accepted unit shall be and become due and payable in such installments, and with interest from the date of such completion and acceptance. Provided, however, that any owner shall have the right to pay the entire assessment, or any installment thereof, before maturity by payment of principal and accrued interest, and provided further that if default shall be made in the payment of principal or interest promptly as the same matures, then the entire amount of the assessment upon which such default is made shall, at the option of said City of Fort Worth, or itstassigns, be and become immediately due and payable, and shall be collectable, together with reasonable attorney's fees and cost of collection, if in- curred, PROVIDED, however, that acting through its duly authorized Director of Public Works the City of Fort Worth retains the right to authorize payment of the sums assessed against abutting property upon such completed and accepted unit in not more than forty- eight (48) equal regular monthly installments of not less than $9.00 each, the first of such installments to become due and payable not more fihan thirty (30) days after the completion and acceptance by the City of the particular unit. PROVIDED FURTHER, that the City Attorney is hereby empowered to authorize payments of said sums of lesser in- stallments and/or over a longer period of time in cases in which the Director of Public Works has previously determined that an extreme financial hardship upon the property owner will otherwise result; and PROVIDED FURTHER, that such method of payments shall be authorized only in instances where the owner or owners of property abutting upon such completed and accepted unit shall have executed and delivered to the City of Fort Worth a lawful, valid and binding note and mechanic's and materialman's contract upon forms supplied by the City granting a mechanic's lien upon and conveying the said abut- ting property in trust to secure the payment by said owner or owners according to the terms thereof of the sums assessed against such property. 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 an_y court of competent jur- isdiction, 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 collec- tion 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 cost allowed and permitted by the law in force in the City VIII. Although the aforementioned charges have been fixed, levied, and assessed in the respective amounts hereinabove stated, the City Council does hereby reserve unto itself the right to reduce the aforementioned assessments by allowing ct•edits to certain property owners where deemed appropriate Notwithstanding the City Council has herein reserved the right to issue credits, it shall not he required to issue credits, and will not do so, if same would result in any equity and/or• unjust discrimination The principal amount of each of the several assessment certificates to be issued 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 purpose of evidencing the several sums assessed against the respective parcels of abutting prop- erty and the owners thereof, and the time and terms of pavment and to aid in the enfoz•cement and collection thereof, assignable certificates in the principal amount of the respectt\ e assessments less the amount of any re- spective credit allowed thereon shall be issued by the Cit\ of Fort ~~'or th Texas upon completion and accept- ance by the City of the improvements in each unit of impro\ ement as the wort. in such unit is completed and accepted, which certificates shall be executed by the ma\ ur in the r;arrre uf• the City and attested by the City Secretary, with the corporate seal of the City impressed thereon, and shall he payable to the City of Fort Worth, or its assigns anti shall declare the said amounts time and terms of payment rate of interest, and the date of the completion and acceptance of the improvements ahutttng upon such property for which the certificate is issued, and shall contain the name of the owner m• owners ,f l.nn\a n des<., rptrun of the property by lot and block number, or front feet thereon of such other desc•iption as ma\ otl)er\\ rse tdentrfv the same, and if the said property shall be owned by an estate, then the desc•riptton of same tis so owned shall be sufiictent and no er7•or or mistake in descril.)ing am propert\ ar u; ~•tyin~• the name of the o\\ net shall tm alidate or u; am-wise impair such certificate to the assessments le\ led The certificates shall pro\ rde substanttall\ that rf same shall nut I)e p~ud prumptl~ i,pon maturity, then they shall he eallec•table, with reasonable attorne\ s fees <u,d ~ u>;t s of roll<c tion if me°cn•red, and shall provide substantially that the amounts evidenced thereh\ shall be yard to the Assessor and Collector of Taxes of the City of Fort Worth Texas who shall issue hrs receipt therefor \~ hu li sh cll be eytdenc•e of such payment on any demand for the same and the Assessor and Collector of Ta~e~ shall deposit ~hc: surrts so received by him forth- with with the City Treasur•et to t,e kept and held !)\ him in ~~, separate ft.rnd and when an\ pavment shall be made in the Cit\ the Assessor and Collector of 'faxes u!xm Such ceritlicate shall upon; presentation to him of the certificate l)~ the holder thereof endi)rse scud pa\ nrent thereof' It' such certificate be assigned then the holder thereof shall be entitled to rec•ei\ e from the C'rt\ Tr easurr>r the an,u~.u,t paid r,l.)on. the pr°esentation to him of such certificate so endor•secl and credited, and such endorsemf~nt at)d rc_~ciit sh~tl! Ise the Treasurer's Warrant for making such payment Such payments h\ the Treasurer shall !,e recc,I,ted for the holder of such certificate in writing and by surrender thereof when the I)rincip<tl to~etl.~er \e,th <,<<ruecl intf>t•est. and all costs of collection and reasonable attorne\'s fees if' incurred ha\e I)een !grid in full Said certificates shall further recite substantiall\ that the proceedings \\•rth reference to making the improvements have been reg•ularlti had in compliance \tiiih thE: l.c<< and that all preregtatsites to the fixing of the assessment lien against the prol.)erty described rn such cr>rttiicate ~,ncl file personal lrabilrt\ of the owners thereof have been performed and such recrt<tls shall l)e puma fat re e\ ule nc r~ .11' ,11 the rn~,tt erg recited rn suc•h certificates. and no further proof thereof shall be required in any court. Said certificates ma\ have ronpuns attached thereto m e\ ulenc•e of each n ~tn\ of the se\ era] installments thereof, or ma\ ha\e coupons for each of the first four installments, leaying~ the main cet•tificate to serve for the fifth installment. which coupons may be pa\ ai.)le to the Cit\ of Fcn•t V4 orth ur its assigns ma\ 1)e signed with the facsimile signatures of the l~~layor and C'rt\ 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 sub- stantially in accordance with the above and other additional recitals pertinent or appropriate thereof, and it shall not be necessary 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 premises exempt from the lien of such assessments 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 irregularltiea, 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. XII. 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 improve- ments 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 assess- ments therefor 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 106 of the Acts of said Session and now shown as Article 1106b 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 Wortii. Texas, and by filing the complete Ordinance in the appro- priate 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__s~7~) day of ~ 19~ a ? APPROVED AS TO FORM AND LEGALITY City Attorney PROJECT N0. 030-036771-00, UNIT I, CARTEN LANE FROM BEATY STREET TO THE NORTH PROPERTY LINE OF LOT 22R, BLOCK 2, EASTERN MEADOWS AllDITION, to be improved by construction of five-inch thick hot-mix asphaltic concrete pavement with seven-inch high concrete curb and eighteen-inch wide concrete gutter on a five-inch thick lime stabelized subgrade, so that the finished roadway will be twenty-eight feet wide. BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT WESTSIDE EASTERN MEADOWS ADDITION Recreation Home 21 1 653.15' pavement 15.48 10,110.76 Realty, Inc• thru A-Res. 653.15' curb&gutter 7.72 5,042.32 1942 Handley Dr. 102, 653.15' conc. valley .93 607.43 Fort Worth, TX 76112 GREENLEE DRIVE INTERSECTS EASTERN MEADOWS ADDITION Recreation-Home 28 2 407.39' pavement 15.48 6,306.40 Realty, Inc. thru A-Res. 407.39' curb&gutter 7.72 3,145.05 1942 Handley Dr. 22-R 407.39' conc. valley .93 378.87 Fort Worth, TX 76112 EAST SIDE J.R. Tomlin 4 & 8 2604 Sandy Lane 3 A-Res. Fort Worth, TX 76112 EAST SIDE Sandy Lane 8 Baptist Church A-Res. 2700 Sandy Lane 1 R Fort Worth, TX 76112 B. BUTLER SUBDIVISION 190.00' pavement 13.63 2,589.70 190.00' curb&gutter 7.72 1,466,80 B. BUTLER SUBDIVISION 390.00' pavement 13.63 390.00' curb&gutter 7.72 15,760.51 9,830.32 4,056.50 8,326.50 SUBTOTAL THIS PAGE 37,973.83 -1- PROJECT N0. 030-036771-00, UNIT I, CARTF,N LANE FROM BEATY STREET TO THE NORTH PROPERTY LINE OF LOT 22R, ~' BLOCK 2, EASTERN MEADOWS ADDITION, cont. BLOCK OWNER LOT ZONING FRONTAGE RATE AMOUNT ASSESSMENT EAST SIDE W.A. WHITE SUBDIVISION D.W. Gipson et ux 2 & 2708 Sandy Lane N50' A-Res. Fort Worth, TX 76112 3 150.00' pavement 13.63 2,044.50 150.00' curb&gutter 7.72 1,158.00 3,202.50 EAST SIDE John A. Burgess et ux Bettye 2720 Sandy Lane. Fort Worth, TX 76112 EAST SIDE 3A A-Res. Gary E. Bruton and 3-B Deborah A. Guerino 1 A-Res. 7351 Beaty Fort Worth, TX 76112 rai.A..~ WHITF_SUBDTVIS:ION 144.00' pavement 13.63 1,962.72 144.00' curb&gutter 7.72 1,111.68 W.A. WHITE SUBDIVISION 65.00' pavement 13.63 885.95 65.00' curb&gutter 7.72 501.80 3,074.40 1,387.75 EAST SIDE W.A. WHITE SUBDIVISION Gary E. Bruton and 4-B 150.00' side lot adjusted to 0.00 Deborah a. Guerino A-Res. 100.00' pavement 13.63 1,363.00 7351 Beaty St. 100.00' curb&gutter 7.72 772.00 Fort Worth, TX 76112 2,135.00 SUBTOTAL THIS PAGE 9,799.65 TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS) UNIT I 47,773.48 -2- i i PROJECT N0. 030-036771-00, UNIT IA, GREENLEE STREET FROM CARTEN LANE TO JANICE LANE, to be improved by construction of five-inch thick hot-mix asphaltic concrete pavement with severrinch high concrete gutter on a five-inch thick lime stabelized subgrade, so that the finished roadway will be twenty-eight feet wide. BLOCK OWNER LOT ZONING SOUTH SIDE Recreation-Home 10-R 1 Realty, Inc. A-Res. 1942 Handley Dr. Fort. Worth, TX 76112 9 RATE AMOUNT 15.48 2,139.34 7.72 1,066.90 .93 128.53 ASSESSMENT 3,334.77 SOUTH SIDE John L. Williams 2701 Janice Lane Fort Worth, TX 76112 1 A-Res. FRONTAGE EASTERN MEADOWS 138.20' pavement 138.20' curb&gutter 138.20' conc. valley EASTERN MEADOWS 146.8' side lot 100.0' pavement 100.0' curb&gutter adjusted to 13.63 1,363.00 7.72 772.00 2,135.00 NORTH SIDE Donald G. Young 2617 Janice Lane Fort Worth, TX 76112 NORTH SIDE Recreation-Home Realty, Inc. 1942 Handley Drive Fort Worth, TX 76112 EASTERN MEADOWS 2 147.7' side lot A-Res 100.0' pavement 100.0' curb&gutter EASTERN MEADOWS 1 28 2 138.92' pavement A-Res. 138.92' curb gutter 138.92' conc.valley adjusted to 13.63 1,363.00 7.72 772.00 15.48 2,150.48 7.72 1,072.46 .93 129.20 2,135.00 3,352.14 TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS) U1VIT-lA $10,956.91 BOTH UNITS: TOTAL COST TO PROPERTY OWNERS (ASSESSMENTS) $58,730.39 TOTAL COST TO CITY OF FORT WORTH $16,646.59 TOTAL ESTIMATED CONSTRUCTION COST $75,.176.98 -1- .~ MA ER f![,E 1 ., ,, CITY MANAGER•~ °"` ~~ ~~~C~J ~iJ~' 1L i/Y L ~~~(,h~ ~IeJ~~,W~' ,. ACCOUNTING-2 ' ~ //~~ ~J~~ ~~ ~J ~®~~~~ 7J ~®~~~~~~~~~®~ TRANSI'Of~T91TiDN1PUBLIC .WORKS.a IL.J/ 1,(,~!(V/ (/~/ C J __ -. DATE REFERENCE SUt4JECTBeneflt Hearing - Assessment I PnGE NUMBER paving of Casten Lane and Greenlee ~ 2 5/8/84 G-5985 Street in Eastern Meadows Addition lof On April 10, 1984 (M&C C~-8316), the City Council declared the necessity for and ordered the improvements on project No. 030-036-771-00, as described below. A construction contract was awarded to Lowell B. Allison Contractor, Inc., ~n the amount of $65,545.20, and May ~3, 1954, was set as the date for the Benefit Hearing. All of the adjacent property owners were notified of the hearing by certified mail on April ?_0, 1984. Project Description Roadway R.O.W. Unit Street Limits Width - Feet 'Width - Feet I Casten Lane Beaty Street to 25 50 North P/l, Lot 228, Block 2 Eastern Meadows IA C>reenlee Street Casten Lane 2$ 50 to Janice Lane Origin of Project On February 2, 1984 (M&C C-8207), the City Council authorized Community Facilities Agreement No. 13602, with Recreation-home Realty, Inc., for the development of Lots lOR~-21, Block 1 and Lots 228-2R, Eastern Meadows Addition. Included in the agreement is the assessment paving of Casten Lane and Greenlee Street as described above. Improvements ' Both streets vial be improved with residential grade hot-mix asphaltic concrete pavement with concrete curb and gutter. Storm drain improvements consist of one standard concrete valley at the intersection of Greenlee Street and Casten Lane. Assessments and Enhancements In accordance with Standard City Policy and the low bid, the proposed assessment against adjacent properties is $58,730.39, of which 532,277.74 is against the developer's property and $25,452.65 against the remaining individual property owners. In accordance with Paragraph 3, Section VI of the Policy for the Installation of Community Facilities, the Developer has paid his portion of the above cost which was deposited in the project account on April 9, 1954. This amount included an additional $774.00 for intersection improvements at Casten Lane and Greenlee Street. Cost to the City for street construction is approximately $6,814.51, plus $9,831.78 (15%) engineering. .a I _. DATE REFERENCE SUBJECT Eeneflt Hearing - AS.S2SSment ~~ PAGE NUMBER Paving of Carten Lane and Greenlee 2 2 5/8185 G-5985 S reet in Eastern Meadows Addition °f Based on previous appraisals of like property and considering the improved access and drainage provided by continuous curb and gutter, it is the opinion of the nepartment of Transportation and Public Works that each parcel of. property being assessed will be enhanced in value by an amount equal to or more than the proposed assessment. r + 4 ' Recommendation It is recommended that an ordinance be adopted closing the benefit hearing and levying the assessments as proposed. a ;(< DAI •db ~' AppROV~D BY CITY COUNC6L MAY 8 1984 ~r~ ~~~ ' City Secxetaxy of the City of Fob ~fiaRi~. ~ ,r t, ., SUBMITTED FOR THE ~ n DISPOSITION BY COUNCIL. PROCESSED BY CITY MANAGER'S OFFICE BY + (,11CC `.,~ ~ t ~~ APPROVED LI OTHER (DESCRIBEy ORIGWATING DEPARTMENT HEAD Gary L 5anterre cITY SECRETARY FOR ADDITIONAL INFORMATION OdE'll SChmldt EXt 78 ~~opted Ord~nBnce No. ~ ( DATE CONTACT • '' CJ