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HomeMy WebLinkAboutOrdinance 4840 ORDINANCE NO. -� OFFICIAL C AN ORDINANCE PROVIDING FOR MOTOR VEHICLE ESCORTS FOR �ml HIRE; PROVIDING FOR DEFINITIONS OF WORDS AND PHRASES; CITY V�C111"w1 PROVIDING FOR THE LICENSING THEREOF; PROVIDING FOR REGULATIONS IN THE OPERATION OF MOTOR VEHICLE ESCORTS `f. WORTH, EX FOR HIRE; PROVIDING FOR REVOCATION OF LICENSES; PRO- VIDING FOR APPEAL FROM THE REFUSAL TO GRANT ON THE REVOCATION OF A LICENSE; PROVIDING FOR SEVERABILITY; PROVIDING FOR A PENALTY AND DECLARING AN EMERGENCY: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH: SECTION I. Motor Vehicle Escorts for Hire § 1 Definitions § 2 License Certificate - Required § 3 License - Minimum Age § 4 Application for License Certificate - Information Required § 5 Application for License Certificate - Investigation § 6 Application for License Certificate - Action by City Manager; Issuance of License § 7 Application for License Certificate - Factors to be considered by City Manager § 8 Appeal from Action of City Manager § 9 Same - Insurance Prerequisite to Issuance § 10 Same - Terms not to exceed one year; Issuance notto create vested rights. § 11 Reasonable charges for services § 12 Fee; Transferability § 13 Posting and Surrender of License Certificate § 14 Functions, powers and duties of police department § 15 Revocation; Appeal; Notice Required § 16 Chauffeur's License - Requirements; Application; Contents of Application; Character Affidavits- § 17 Chauffeur's License - Application Subject to Approval of City Manager; Hearing; Fingerprints and Photograph of Applicant; a Prerequisite to Issuance § 18 Issuance; Fee; Nontransferable; Change of Employment § 19 Chauffeur's License - To be carried on Person 20 City Chauffeur's License Revocation, Appeal, Cause for revocation 21 Employment of qualified operators the responsibility of owner 22 Police officers may furnish excorts § 23 Escorts for funeral cortege not required 24 Motor vehicles used in escort service - requirements 25 Funeral escort guides - Uniform and equipment requirements 26 Advertisements - limitations § 27 Motor vehicle guides - limitations of duties 28 Funeral escorts - Authority to direct procession 29 Funeral processions 30 Civil immunities 21 Severability Subsection 1 - Definitions For the purpose of this ordinanc:ethe following words and phrases shall have the meanings respectively ascribed to them by this section: PRIVATE MOTOR VEHICLE ESCORT AGENCY - Any person, firm, corpora- tion or partnership engaged in the business of furnishing private motor vehicle escorts for hire which employs one or more persons as employees, assistants, clerks or motor vehicle escort guides. OFFICIAL POLICE OFFICER'S BADGE - A badge of the size, type and design as approved for the use of regular police officers. MOTOR VEHICLE ESCORT GUIDE - Any person licensed to engage in the business of furnishing a private motor vehicle escort for hire who personally escorts or guides any funeral cortege or overwidth, overlength or overheight motor vehicle or any person employed by another person, firm, partnership or corporation licensed to engage in the business of furnishing private motor vehicle escort service for hire. Subsection 2 - License Certificate - Required No person shall engage in the business of furnishing a private motor vehicle escort for hire within the City of Fort Worth without first having obtained a license certificate therefor; provided, that persons engaged in such business who are employed by a duly licensed private motor vehicle escort agency shall not be required to be individually licensed. Subsection 3 - License - Minimum Age. Wo license certificate to engage in the business of furnishing private motor vehicle escorts shall be issued to any person under twenty- one years of age, nor shall any person under twenty-one years of age be employed as an escort guide by any person, firm, partnership or corpora- tion licensed to engage in the business of furnishing motor vehicle escort service for hire. Subsection 4 - Application for License Certificate - Information Required. Any person, firm, corporation or partnership intending to conduct a private motor vehicle escort agency or business or furnish a private motor vehicle escort in the City of Fort Worth, shall file with the Chief of Police a written application duly signed and verified as follows: If the applicant is a person, the application shall be signed and verified by such person, and if the applicant is a partnership the application shall be signed by each partner and if the applicant is a corporation, the application shall be signed by the chief executive officer of said corporation. The application shall state the full name, age and residence of the licensee; and shall specify the trade name and the address or location from which the business or agency will operate and for which the license certificate is desired, and such further facts as may be requited by the chief of police to show the good character, competency, and integrity of each person so signing the application. Subsection 5 - Application for License Certificate - Investigation Upon filing an application for a license certificate to engage in the business of conducting a private motor vehicle escort agency or furnishing private motor vehicle escorts,- the chief of police shall make or cause to be made such investigation as he may deem necessary to determine the fitness of the applicant for a license. Then the chief of police shall within ten days forward the application with his recommendations to the City Manager. Subsection 6 - Application for License Certificates - Action by the City Manager; Issuance of License The City Manager shall have authority to grant a license cer- tificate to engage in the business of conducting private motor vehicle escorts without further investigation or to cause further investigation to be made before granting such license or disapproving the application. Upon the granting of such license by the City Manager, it shall be the duty of the applicant to present the approved application to the assessor and collector of taxes of the City of Fort Worth and upon the payment of the proper license fee the assessor and collector of taxes shall accordingly issue the proper license certificate on a form to be prescribed by the assessor and collector of taxes. Subsection 7 - Application for License Certificate - Factors to be considered by City Manager. In approving or disapproving any license certificate to engage in the business of conducting private motor vehicle escorts, the City Manager shall consider the following factors: (a) Whether the applicant has been convicted of a felony, or on renewal of license, for the violation of any of the provisions of this chapter, during the year next preceding the filing of this application. (b) Whether the applicant is of good moral character and has a reputation for being a peaceable law abiding citizen. (c) Such other lawful matters be considered pertinent and proper in arriving at a fair and lawful consideration with respect to such application for a license. Subsection 8 - Appeal from Action of City Manager. In the event the City Manager shall refuse to grant a license to any applicant, the action of the City Manager shall be final unless the applicant shall, within ten days after the refusal to grant such license, file a written appeal with the City Secretary, addressed to the City Council, requesting a hearing by the council upon the question as to whether or not his application shall be granted. In the event such appeal is filed, the City Manager shall provide the council with a record of all proceedings there- tofore had with reference to the application in question, including the written application, together with the action of the City Manager and the reasons for such action. The City Council shall, wtthin thirty days, grant a hearing thereon to determine the correctness of the action of the City Manager, at which hearing the council may make such investigation as it may see fit, whether or not all the pertinent facts appear in the application. It shall be discretionary with the City Council as to whether or not a license shall be granted and such action as the council may take thereon shall be final and conclusive. Subsection 9 - Same - Insurance prerequisite to issuance. Before a license certificate shall be issued to any owner or opera- for of any private motor vehicle escort agency as defined herein, or before the renewal of such license certificate shall be granted, the holder of such license certificate shall be required to file with the City Secretary and thereafter kept in full force and effect, a standard policy of public lia- bility and property damage insurance, to be executed by an insurance company duly and legally authorized to do business in the state and performable in the county, and to be approved by the City Manager of the City, insuring the general public against any loss or damage that may result to any person or property from the operation of such motor vehicle escort service. The above liability and property damage insurance policy shall be noncancellable and shall insure each vehicle operated by such a motor vehicle escort agency licensed hereunder and shall have limits of not less than ('10, °L'CL _ :r+ for injury to one person, �.m� 4"°) r for injuries to two or more persons resulting from any one accident, [j Ci for damage to property, and such insurance shall be for the protection of passengers riding in a funeral being escorted, and for the public, caused by the ne,gligence of a private motor vehicle escort agency, its servants, agents, or employees, and shall not cover personal injuries sustained by th. 9u7,rvjaats, agents or employees of such motor vehicle escort agency. Such policy of insurance shall be for a period of one (1) year and the date.of evch policy shall coincide with the date of the license issued he:re dpr and shall contain a provision for a continuing liability thereon up to the full amount thereof, not- withstanding any recovery therenLa. In the event that the City Martager of the City of Fort Worth shall determine, after a hearii4 d%Ay had, amd after ten (10) days notice is given to licensee that any standard policy of insurance so filed by any licensee has become Impaired so as to afford less protection to the public than when originally filed, be shall require a new or an additional policy so as to bring tTae proteotic�n of such insurance to its original amount, and the licensee shall., within ten days after receiving written notice of such rsT,Aremnt, prorvide the required new or additional policy, failing which, the license of tlae licensee shall automatically terminate. Subsection 10 - Same - Terms not to exs�aed one year; Issuance not to create vested Z_15ttll. No license granted tander the terms of this article shall extend for a period in excess of one year. Ylo such license shall be deemed to grant a vested or property right, bu't auch license shall remain subject to the terms and provisions of this ahapter and subject to such future regulations as shall be promulgated by the 01ty Council by ordinance and any investment made by a licensee shall be made subject to this ordinance. Subsection 11 - Reasonable charges for services. Any person, firm or corporativa licensed hereunder shall make no more than reasonable charges for the services rendered by such person,firm or corporation. Subsection 12 - Fee; Transferability. The fee for any licenses granted hereunder to a private motor i'� , " vehicle escort agency shall be the stun of - per annum, which sum shall be paid before such license certificate is issued. Such license certificate shall not be transferable from the person or corporation to whom it is issued to another person or corporation. Subsection 13 - Posting and Surrender of License Certificate. Immediately upon the receipt of the license certificate issued by the city, the licensee named therein shall cause such license certi- ficate to be posted and at all times displayed in a conspicuous place in the office or location given as the business address in the application. Such license certificate shall at all reasonable times be subject to in- spection by the chief of police or an authorized representative of the police department. No person holding such license certificate shall post such certificate or permit such certificate to be posted upon premises other than those described therein or to which it has been transferred purt;uant to the provisions of1diis article or knowingly alter, deface or destroy such license certificate. Every license certificate shall be surrendered to the chief of police within seventy-two hours after its terms shall have expired or after notice in writing to the holder that such license bas been revoked. Failure to comply with any provisions of this section shall be deemed sufficient cause for the revocation of the license. Subsection 14 - Functions, powers and duties of police department. With regard to all applicants for a license to conduct a private motor vehicle escort agency or furnish private motor vehicle escorts, the police department shall have the following functions, powers and duties: (a) To investigate qualifications for fitness of all appli- cants, (b) To investigate and aid in the prosecution of all viola- tions of this chapter and cooperate in the prosecution of offenders before any court having jurisdiction to hear same. (c) To inspect and approve or disapprove the equipment and uni- forms worn by funeral escort officers; (d) To inspect and approve or disapprove motor vehicle equip- ment used in making escorts. Subsection 15 - Revocation; Areal; Notice Required. If a private motor vehicle escort agency licensed under the pro- visions of this ordinance is not being conducted in accordance with the laws of the state or this ordinance, or is being conducted in violation of the laws of the state or this ordinance or that an investigation reveals that the licensee falsified his application, the City Manager may at any time give notice in writing to the operator, licensee manager or other person in control of the operation and maintenance of such private motor vehicle escort agency that the permit or license issued for the operation and maintenance of such pri- vate motor vehicle escort agency has been revoked and cancelled. The notice of revocation and cancellation shall become a final revocation and cancella- tion after the expiration of ten days from the date of the service of same upon the operator, licensee, manager or other person in charge, unless on or before the expiration of such ten days the licensee, operator, manager or other person in charge shall file with the City Secretary a written appeal addressed to the City Council in which it is requested that the council grant him a hearing upon the question whether or not the permit or license shall be cancelled and revoked. Such appeal, if made and filed as prescribed in this section, shall operate a stay or postponement of the re- vocation and cancellation of the permit issued, until such time as the City Council shall grant a hearing and make a final adjudication. Such hearing shall be held within the thirty days after the date of the filing of such appeal, and such action and judgment of the council, after hearing all the evidence and facts, shall be final and conclusive as to all parties. Subsection 16 - Chauffeur's License - Requirements; Application; Contents of Application; Character Affidavits. No person shall engage in the business of furnishing private motor vehicle escorts for hire upon the streets of the City unless such person operating such vehicle for hire shall have a valid chauffeur's license issued by the City. It shall be the duty of each operator of a motor- cycle for hire to apply to the City Manager for a chauffeur's license upon blanks to be furnished by the City Secretary, giving the name, age, present address, address and place of employment during the pasttwo years, with the reasons for leaving, and whether or not the applicant has been convicted of a felony or if he has a police record. Such applicant shall likewise attach to his application for a chauffeur's license affidavits from two reputable citizens attesting to the character of the applicant. Such applicant shall further possess and show a valid Texas Motor Vehicle Operator's License. No City chauffeur's license shall be issued to any person under age twenty-one. Subsection 17 - Chauffeur's License - Application subject to approval of City Manager; hearing; fingerprints and photograph of applicant a prerequisite to issuance. The City Manager is hereby authorized and directed, in considering the application for a city chauffeur's license as provided by the preceding section, to make such investigation as he may deem necessary to determine the fitness of the applicant for a license and if, in the City Manager's opinion, such applicant is unfit to operate a vehicle for hire on the streets of the City, it shall be the duty of the City Manager to refuse such license; provided, that upon refusal of the City Manager to approve such application, the applicant, may, within ten days thereafter, appeal to the governing body which shall, within thirty days thereafter accord to such applicant a hearing as to whether or not said license shall be granted. No chauffeur's license shall be issued to any driver of a vehicle operated for hire until the police department shall have taken fingerprints and received from the applicant a photograph of himself. Subsection 1$ - Issuance; Fee; Nontransferable; Change of Employment. After the application for a chauffeur's license has been granted in accordance with the provisions of this chapter, it shall be the duty of the assessor and collector of taxes to issue a chauffeur's license to such applies f r which a fee of DollaroAshall be charged, which license shall run for a period of one year from date of issuance. The license, when issued, shall not be transferable; however, it shall be lawful for the holder of such license to use the same license if he changes employment from one operator or owner of a motor vehicle escort agency for hire to another. Subsection 19 - Chauffeur's License - To be carried on person. It shall be the duty of any operator engaged in furnishing escort service for hire to have his city chauffeur's license on or about his person and shall be required to show same to any city police officer upon demand. Subsection 20 - City chauffeur's license - Revocation, appeal, cause for revocation. The City Manager upon recommendation of the chief of police shall have the authority to revoke for cause any city chauffeur's license issued under the terms of this ordirmmeeprovided, however, that the licensee may within ten days thereafter appeal to the City Council, which shall within thirty days thereafter accord to such licensee a hearing as to whether or not such license should be reinstated or revoked and the decision of the council in such instance shall be final. The following acts, among others by the licensee, are declared to be cause for revocation but such enumeration shall not be deemed to be ex- clusive, vii: (a) Licensee convicted of a felony or driving while under the influence of alcoholic beverages or narcotic drugs. (b) Flagrant violations of the state and/or City Traffic Code. (c) Unauthorized use of red lights. (d) Exercising or attempting to exercise police powers not granted by this ordinance. (e) Addition of equipment to uniform or motorcycle prohibited by this ordinance or other ordinances of the City of Fort Worth or the statutes of the State of Texas are not authorized by the chief of police. (f) Falsifying an application for such chauffeur's license. Subsection 21 - Employment of qualified operators the responsibility of owner. The owner of any private motor vehicle escort agency shall employ as escort guides only those persons who are physically and mentally fit and able to operate a motorcycle for hire and who are twenty-one years of age or over. It shall be the sole responsibility and duty of such private motor vehicle escort agency to select competent operators for such motor vehicles which would be operated pursuant to this ordinance. No owner of such escort agency shall employ any person as a motor vehicle escort guide until such person has obtained a valid Texas Operators License and City Chauffeur's License. Subsection 22 - Police officers may furnish escorts. Nothing contained in this ordinance shall be construed to require licensing of or to prohibit regularly employed officers or deputies of the Texas Department of Public Safety, Tarrant County Sheriff or Fort Worth Police Department from escorting funeral corteges or oversided, overlength, or overwidth vehicles upon the streets and roadways of the City of Fort Worth when assigned as an official duty by their respective departments. Subsection 23 - Escorts for funeral cortege not required. Nothing contained in this ordinance,shall be construed as requiring funeral directors or any other persons conducting funerals to contract, hire or employ any private motor vehicle escort service to guide or escort any funeral cortege in the City of Fort Worth. Subsection 24 - Motor vehicles used in escort service - requirements. A funeral escort guide while actively engaged in furnishing escort must use either a two wheel or three wheel motorcycle which is in good condition and which is equipped with two lamps thereon that display a red light visible from directly in front of the center thereof. These lamps shall be in addition to those required by state law. It shall be unlawful for the vehicles mentioned in this section to be equipped with a siren. Decals, placards, signs, and insignias which resemble official police officers' badges or which bear the words "police", "official", or "officer" shall not be used in any manner on such motorcycle nor shall such motorcycles be painted a color resembling the color of motorcycles used by the Fort Worth Police Department. All mt6rized equipment to be used for escort service must be inspected prior to its use at a time and place designated by the chief of police. No additional equipment may be added after such motorcycle inspection unless the motorcycle is reinspected and approved before use. Any motor vehicle used in performing such escort service shall be subject to inspection at any time by the chief of police or his authorized repre- sentative. Subsection 25 - Funeral Escort guides - uniform and equipment requirements. No funeral escort guide shall wear, while acting as such, any uni- form other than one approved by the chief of police, provided, however, that such uniform must not resemble in pattern, design, or color that pre- scribed for the regular police officers of this city. Funeral escort guides may wear a badge and cap wreath if they so desire provided such badge or wreath does not resemble the official police officer's badge or bear the words "police" or "officer". Non-commissioned officers' stripes or com- missioned officers' bars or insignia denoting a rank shall not be worn on such uniform. Funeral escort guides shall not wear a holster, handcuff case, or cartridge case in conjunction with their uniform belt. A whistle and/or flash light baton may be used at the discretion of the escort guide. No escort guide shall have on or about his person or on or about his escort vehicle any offensive or defensive weapon declared to be unlawful by the statutes of the State of Texas, provided, however, that peace officers of City and county of Tarrant and the State of Texas, who may be licensed as escort guides may carry authorized weapons concealed on or about their person or escort vehicle while actively engaged as a motor vehicle escort guide. Subsection 26 - Advertisements - Limitations. No person engaged in the business of furnishing private motor vehicle escorts for hire or owner or employee of a private motor vehicle escort agency shall distribute, present, or give away any cards, hand bills, or printed matter of any kind which bear the words "police", "official", or "officer" in conjunction with advertising an escort service. Nor shall any adver- tisement state, imply, or falsely misrepresent that a private motor vehicle escort service is required by the police department, City of Fort Worth or by any of its ordinances. Subsection 27 - Motor vehicle guides - Limitations of duties. A motor vehicle escort guide shall not engage in any escort service other than that of escorting a funeral procession, consisting of the hearse and cortege from the place of service to the place of interment. A motor vehicle escort guide may escort overheight, overlength, or over- width vehicles or loads as defined in the State Traffic Code but only after application for each individual escort has been made to the chief of police who shall have the authority to approve or disapprove the escort and if approval is granted such approval shall designate the route and time to be upon such route. Subsection 28 - Funeral escorts - Authority to direct procession. Motor escort guides who have been duly licensed by the City of Fort Worth are authorized to lead funeral processions within the city when such procession has been properly identified as such by the display of a pennant upon the outside of the lead vehicle and the hearse and all other vehicles shall have their headlights turned on. All motor vehicles in a funeral procession which have been properly designated shall have the right- of-way over all other vehicles, except fire apparatus, ambulances, and police vehicles, at any roadway intersection within the City and such proces- sion may be escorted through stop signs or signalized intersections without stopping, but the drivers of such motor vehicles shall exercise due regard for the safety of all approaching vehicles and funeral processions being escorted hereunder shall be subject at all times to the control of police officers of the City of Fort Worth, provided, however, that this section shall not apply to overheight, overlength or overwidth vehicles or loads as defined in the State Traffic Code nor to the operation of such vehicles in the corporate limits of the City of Fort Worth as such vehicles shall at all times be subject to the traffic laws of the City of Fort Worth. Subsection 29 - Funeral Processions. Funeral processions will travel as closely to the right hand edge of the roadway as practical and at a safe and prudent speed. No funeral procession shall enter or travel upon any roadway, expressway or freeway which has a minimum posted speed limit. Funeral Escort Guides shall not stop traffic approaching from the opposite direction or force or direct such traffic to move off the roadway, however, oncoming traffic may be stopped at intersections and other places to assist the cortege in making left turns. Subsection 30 - Civil Immunities. No funeral escort guide shall, by virtue of any license as such heretofore or hereafter issued under this ordinance.or pursuant to any other law or ordinance be deemed to be an officer, agent, employee or representa- tive of the City of Fort Worth while engaging in any activity of any character whatsoever undertaken for private hire, profit or reward or while performing any act done in the course of his own business or affairs or while performing any act done or undertaken in connection with or in furtherance of, any private employment, business or undertaking for which such funeral escort guide is hired or engaged, nor shall any such license be construed to confer upon the holders any privilege or immunity not expressly granted by this ordinance other than the authority to make such arrests as granted any other private citizen. Subsection 31 - Severability. If any section, paragraph, subdivision, clause, phrase or pro- vision of this ordinanueshall be adjudged invalid or held unconstitutional, the same shall not affect the validity of this crdinance-as a whole or any part or provision thereof other than parts so decided to be invalid or unconstitutional. SECTION V. The City Secretary is hereby directed to publish this ordinance in pamphlet form for general distribution among the public and this ordinance, as so published in pamphlet form, shall be admissible in evidence as pro- vided in Section 3, Chapter XXVI, of the Charter of the City of Fort Worth. APPROVED AS TO FORM: /s/ S-G. Johndroe, Jr- City Attorney SECTION 11. Penalty a� Any person, firm or corporation or others violating any pro- vision of this ordinance shall be guilty of a misdemeanor and upon con- viction shall be punishable by a fine not exceeding Two Hundred Dollars ($200.00); provided, however, that when the offense is one for which the penalty is fixed by state law, the penalty for such offense shall be the same as fixed by state law. Emch day that the violation is conducted shall constitute a separate offense. SECTION" III. The fact that due to the large number of funerals held in the City of Fort Worth annually places an unnsual burden on the Police Department of the City of Fort Worth to escort such funeral processions for safety purposes necessitates 1hs'he creation of an agency to lighten the burden of the Police Department and creates an urgency and emergency in the preservation of the public peace, health, safety and general wel- fare and requires that this ordinance shall take effect immediately from and after its passage, and it is accordingly so ordained. SECTION' IV. All of the regulations provided in this ordinance are hereby de- clared to be governmental and for the benefit of the general public. Any member of the City Council, any City Official or employee charged with the enforcement of this ordinance, acting for the City of Fort Worth in the discharge of his duties, shall not thereby render himself personally liable, and he is hereby relieved from all Personal liability for any damage that may accrue to persons or propert�(p, as a result of any act required or permitted in the discharge of his duties. Any suit brought against any such indivi- dual or employee because of such act performed by him in the enforcement of any provision of this ordinance shall be defended by the Department of law until the final adjudication of the proceedings. ,pro *10"kUlm City of .Fort Worth, Texas Mayor and Council Communi DAU IHJIC WWZCT: M NCR 3-4-63 G-434 Escorts for funeral Procession - The City Council, at the Council Meeting of February 25, 1963, approved Alterna- tive, Three of M C G-426; which provides for the City to permit by ordinance for funeral escort services to be performed by private concerns upon payment of a license fee, compliance with regulations established, and provision of liability and property damage insurance. As requested by the Council recommendations concerning the unt'of the license fee, the minimum limits of liability and property damage insurance, and the fee" for each license issued to vehicle operators employed by the escort finm are as ,follows 1 a section 9, - Jnsurance j2jeregulsite, to issuance. It is recommended that the minizum limits of liability and proper damage insurance be not less than $1t1Cl,C0U for injury to one person, $1100 0,00 for injuries to two or more persons resulting from any one-accident, and' $50,000 for damage to property, Although the minimum insurance limits require , by some other cities that ' license private escort service is $50,000, $100,000 and $25,000, the addi- tional , premium for the -increased insurance : its as recommended is insigao;' nifica�nt as compared to the substantitV,, increase in coverage. 2 Subsection 12 - Fee Trans ferabi it It is recommended that the license fee paid to the City for operation of private escort concerns be $50 per year. 3. baect on J - ssuanee E e An annual license fee for individual operators of escort vehicles of $1 is recommended. Council action on these items, and final action on the ordinance as a whole, is requested,. JU :OA OVAM0 J a DIIkPO ITIO T COUNCIL: _ P" '190 IA1� CITY" 019 XTAW CATIR