HomeMy WebLinkAboutOrdinance 14332ORDINANCE NO yJ ~~
AN ORDINANCE DECLARING CERTAIN FINDINGS, PROVIDING FOR
THE EXTENSION OF CERTAIN BOUNDARY LIMITS OF THE CITY OF
FORT WORTH, PROVIDING FOR THE ANNEXATION OF A CERTAIN
2 662 ACRES (0 004 SQUARE MILES) OF LAND, MORE OR LESS,
OUT OF THE JAMES EADS SURVEY, ABSTRACT NUMBER 410, DENTON
COUNTY, TEXAS, WHICH SAID TERRITORY LIES ADJACENT TO AND
ADJOINS THE PRESENT CORPORATE BOUNDARY LIMITS OF FORT
WORTH, TEXAS, PROVIDING THAT THE TERRITORY ANNEXED SHALL
BEAR ITS PRO RATA PART OF TAXES, PROVIDING THAT THE
INHABITANTS THEREOF SHALL HAVE ALL THE PRIVILEGES OF ALL
THE CITIZENS OF FORT WORTH, TEXAS, PROVIDING THAT THIS
ORDINANCE SHALL AMEND EVERY PRIOR ORDINANCE IN CONFLICT
HEREWITH, PROVIDING THAT THIS ORDINANCE SHALL BE
CUMULATIVE OF ALL PRIOR ORDINANCES NOT IN DIRECT
CONFLICT, PROVIDING FOR SEVERABILITY AND NAMING AN
EFFECTIVE DATE
WHEREAS, a public hearing before the City Council of the City
of Fort Worth, Texas, wherein all interested persons were provided
an opportunity to be heard on the proposed annexation of the
territory hereinafter described, was held in the City Council
Chambers in the Municipal Office Building of Fort Worth, Texas, on
the 8th day of August 2000, which date was not more than forty (40)
days nor less than twenty (20) days prior to institution of
annexation proceedings, and
WHEREAS, a second public hearing before the City Council of
the City of Fort Worth, Texas, wherein all interested persons were
provided an opportunity to be heard on the proposed annexation of
the territory hereinafter described, was held in the City Council
Chambers in the Municipal Office Building of Fort Worth, Texas, on
the 22"d day of August 2000, which date was not more than forty (40)
days nor less than twenty (20) days prior to the institution of
annexation proceedings, and
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WHEREAS, notice of the first such public hearing was posted on
the City of Fort Worth's Internet web site on the 28th day of July
2000, and published in a newspaper having general circulation ih
the City of Fort Worth, Texas, and in the hereinafter described
territory, on the 27th day of July 2000, which dates are not more
than twenty (20) days nor less than. ten (10) days prior to the date
of said. such public hearing, and1
WHEREAS, notice of the second such public hearing was posted
on the City of Fort Worth's Internet web site, and published in a ~
newspaper having general circulation in the City of Fort Worth,
Texas, and in the hereinafter described territory on the 11th day
of August 2000, which date was not more than twenty (20) days nor
less than ten (10) days prior to the date of said such public
hearing, and
WHEREAS, written notice of the proposed annexation was
provided to the Northwest Independent School District, 1800 State
Highway 114, Justin, Texas 76247-8700 on the 28th day of July 2000,
which date was not more than twenty (20) days nor less than ten
(10) days prior to the date of the first public hearing, and
WHEREAS, prior to the posting and publication of the notices
of public hearings, a Service Plan providing for the extension of
municipal services into the hereinafter described territory was
prepared for inspection by and explanation to the inhabitants of
the area to be annexed; and
-2-
WHEREAS, the population of the City of Fort Worth, Texas, is
in excess of 100,000 inhabitants, and
WHEREAS, the hereinafter described territory lies within the
exclusive extraterritorial jurisdiction of the City of Fort Worth,
Texas, and
WHEREAS, the hereinafter described territory lies adjacent to
and adjoins the City of Fort Worth, Texas, and
WHEREAS, the hereinafter described territory contains 2 662
acres (0 004 square miles) of land, more or less,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF FORT WORTH, TEXAS
SECTION 1
That the following described land and territory lying adjacent
to and adjoining the City of Fort worth, Texas is hereby added to
and annexed to the City of Fort Worth, Texas, and said territory
hereinafter described shall hereafter be included within the
boundary limits of the City of Fort worth, Texas, and the present
corporate boundary limits of said City, at the various points
contiguous to the area hereinafter described, are altered and
amended so as to include said area within the corporate limits of
the City of Fort Worth, Texas, to-wit
BEING a tract of land in the James Eads Survey, Abstract
Number 410, Denton County, Texas and being all of that tract
of land as described by deed to Howard L Peterson and
recorded in Volume 2512, Page 460, Real Property Records of
-3-
Denton County, Texas, said tract of land being more
particularly described by metes and bounds as follows
BEGINNING at the southwest corner of said Howard L Peterson
tract in the northerly right-of-way line of Eagle Parkway,
THENCE N 00° 11'54" W, '571 06 feet leaving said right-of-way
and along the west line of said Peterson tract,
THENCE S 89° 33'37" E, 203 03 feet along the north line of
said Peterson tract;
THENCE S 00° 11'41" E, 571 25 feet along the east line of said
Peterson tract,
THENCE N 89° 30'24" W, 203 00 feet to the POINT OF BEGINNING
and containing 2 662 acres of land, more or less
SECTION 2.
That the above described territory is shown on Map Exhibit "A"
which is attached hereto and expressly incorporated herein by
reference for the purpose of illustrating and depicting the
location of the hereinabove described territory
SECTION 3
That the above described territory hereby annexed shall be
part of the City of Fort Worth, Texas, and the property so .added
hereby shall bear its pro rata part of the taxes levied by the City
of Fort Worth, Texas, and the inhabitants thereof shall be entitled
to all of the rights and privileges of all the citizens in
accordance with the Service Plan and shall be bound by the acts,
-4-
ordinances, resolutions and regulations of the City of Fort Worth,
Texas
SECTION 4
That attached hereto, marked Exhibit "X" and incorporated
herein for all purposes incident hereto, is a Service Plan
providing for the extension of municipal services into the area to
be annexed, which was made available at the public hearings for
inspection by and explanation to the inhabitants of the area to be
annexed
SECTION 5
That this ordinance shall and does amend every prior ordinance
in conflict herewith, but as to all other ordinances or sections of
ordinances not in direct conflict, this ordinance shall be, and the
J
same is hereby made cumulative ,
SECTION 6
That it is hereby declared to be the intent of the City
Council that the sections, paragraphs, sentences, clauses and
phrases of this ordinance are severable, and if any phrase, clause,
sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of
competent jurisdiction, such unconstitutionality shall not affect
any of the remaining phrases, clauses, sentences, paragraphs and
sections of this ordinance, since the same would have been enacted
by the City Council without the incorporation in this ordinance of
any unconstitutional phrase, clause, sentence, paragraph or
section
-5-
SECTION 7
That this ordinance shall take effect and be in full force and
effect upon adoption
APPROVED AS TO FORM AND LEGALITY
l~-
Marcel a Olson, Assistant City Attorney
ADOPTED ~"~,Z-dD
EFFECTIVE 7 - ~~'` DD
-6-
I ~33~
MAP LEGEND MAP REFERENCES
Current Incorporated Area -~~~-~~ Mapsco 8-A
Acres to be Annexed Zoning Map D-5-8
Acres Disannexed NSA Tad Map.2060-484
1st Public Hearing 08-08-00
2nd Public Hearing 08-22-00
Date of Adoption. 09-12-00
Council District: 2
Focus Area R -North
Exhibit 'A' Annexation of 2.662 Acres F we
-.._
(Page 1 of 2) Project Case No. A-00-11
INTEL
S89° 33' 37" E 203. 03'
INTEL
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HOWARD L PETERSON ~°, ~ ~ ~ G°Q ~°, ~ ~ b OO . 4 900
3 VGL.2512,PG 460 W
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_ _ _ _ N89° 30' 24" W 203. 00'
POIlVT OF SCALE ~ 1 " = 100'
BEGINNING
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a Exhibit 'A' EXHIBIT SHOWING
a
T 2.662 ACRE TRACT
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(Page 2 of 2) FOR ~~T~TNEXATION
517UATED IN THE JAMES EADS SURVEY. ABSTRACT No. 410,
DENTON COUNTY, TEXAS.
CARTERS BURGESS,INC. onTE~ Is-Jug,-oo oa~21
9880 ~~ ~~ FIIE~ 1~\Jab\01030001\atrt'~300v21a1.d~
FOKf WOIIM,lX 76107-T15/
teen ~ - 600o JOB ~ 010300.021.1.0049 DATE: 06-16-2000 DRAWN: Q.C. CHECKED:
SHT NO
EXHIBIT X
CITY OF FORT WORTH, TEXAS
SERVICE PLAN FOR .ANNEXED AREA
Property Subject to Plan JAMES EADS SURVEY, ABSTRACT NUMBER 410 (the
Annexation Area)
Location and Acreage NORTH LINE OF EAGLE. PARKWAY BETWEEN HERITAGE
PARKWAY TO THE WEST AND I H.-35W TO THE EAST -
2 662 ACRES
County DENTON
t
Municipal services to the Annexation Area will be furnished by or on behalf of
the City of Fort Worth, Texas, at the following levels and in accordance with
the following service plan programs
1 PROGRAM FOR SERVICES TO BE PROVIDED ON THE EFFECTIVE DATE OF THE
ANNEXATION
The City will provide the following services in the Annexation Area on the
effective date of the annexation, unless otherwise noted
A Police Protection
The Fort Worth Police Department will provide protection and law
enforcement services in the Annexation Area commencing on the effective
date of annexation The .services will include
Normal patrols and responses to calls for service
Special units, such as traffic enforcement, criminal
investigations, narcotics law enforcement, gang suppression, and
crime response team deployment when required
These services are provided on a city-wide basis Due. to the extreme
distance of this area from the central city average response times to
calls for service may exceed the city-wide average
B Fire Protection
Fire protection services by existing personnel and equipment of the Fort
Worth. Fire Department, within the limitations of available water and
distances from existing fire stations, will be provided to the
Annexation Area commencing on the effective date of the annexation
These services include
ls` responder emergency medical services
Fire suppression and rescue;
Hazardous materials mitigation and regulation;
Dive rescue;
Technical rescue;
Fire Safety Education;
Aircraft/rescue/firefighting;
Fire protection system plan review;
Inspections;
Emergency management planning
These services are provided on a city-wide basis All Fort Worth
firefighters are certified by the Texas Commission on Fire Protection
c
D
E
F
Emergency Medical Services
Emergency medical services by existing personnel and equipment of the
Fort Worth Fire Department will be provided to the Annexation Area
commencing on the effective date of the annexation The Fort Worth Fire
Department serves as the first responder on life threatening medical
emergencies as a part of the MedStar system All Fort Worth Fire
Department personnel are :certified at .an Emergency Medical Technician
level or higher All engines, trucks, and rescue units carry Automatic
External Defibrillators for use with heart attack victims
Solid Waste Collection
Solid waste collection shall~:,be provided to the Annexation Area in
accordance with existing City ordinances and policies commencing on the
effective date of the annexation Services will be provided by City
personnel or by private solid waste service providers under contract
with the City Persons using the services of a privately owned solid
waste management service provider may continue to use such services
until the second anniversary of the annexation
Solid waste collection services for businesses and multi-family dwelling
complexes having three or more units may be provided by the City or
private service providers at the discretion of the customer
Operation and Maintenance of Water and Wastewater Facilities
The Annexation Area is located in the CCN of the City of Fort Worth An
existing 16" water main located along Eagle Parkway is available to
serve the Annexation Area The City will provide water service to the
Annexation .Area in accordance with the "Installation Policy of Community
Facilities "
Sewer service will be available from an existing 8" .sewer main located
along Eagle Parkway The City will provide sewer service to the
Annexation Area in accordance with the ".Installation Policy of Community
Facilities "
Operation and Maintenance of Roads and Streets Includin .Street
Lighting
The following services will be provided in the Annexation Area
commencing on the effective date of the annexation, unless otherwise
noted
The Transportation and Public Works Department will assume maintenance
of public streets over which the City has jurisdiction These services
include emergency pavement repair and repair maintenance of .public
streets on an as-needed basis Public streets will be included in the
City's preventive maintenance program Preventive maintenance projects
are prioritized on a Citywide basis and scheduled based on a variety of
factors, including surface condition, rideability, age, traffic volume,
functional class, and available funding Any necessary rehabilitation
or reconstruction will be considered and prioritized on a citywide
basis
Street lights installed on improved public streets shall be maintained
by the City of Fort Worth in accordance with current City policies
Other street lighting shall not be maintained by the City of Fort Worth
The Transportation and Public Works Department will also provide
regulatory signage services in the Annexation Area Traffic signal,
stop, and all other regulatory studies are conducted in conjunction with
growth of traffic volumes All regulatory signs and signals are
2
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installed when warranted following an engineering study Faded,
vandalized, or missing signs are replaced as needed "CALL BACK" service
is provided 24 hours a day, 365 days a year for emergency sign repair
For major arterials and collectors, the marking of streets is on an 18-
month frequency All improved intersections and roadways are striped
upon improvement All roadways are re-striped and remarked as needed
G Operation and Maintenance of Parks, Playgrounds and Swimmin Pools
Residents of this property may utilize all existing parks and community
service facilities throughout the City, beginning with the effective
date of the annexation Existing parks, playgrounds, swimming pools and
other recreational and community facilities within the Annexation Area
that are private facilities will be unaffected by the annexation
Existing parks, playgrounds, swimming pools and other recreational and
community facilities within this property shall, upon deeding to and
acceptance by the City and appropriations for maintenance and
operations, be operated by the City of Fort Worth, but not otherwise
H Operation and Maintenance of Any Other Publicly Owned Facility Buildin
or Service
In the event the City acquires any other facilities, buildings or
services necessary for municipal services located in the Annexation
Area,. maintenance services will be provided by the appropriate City
department
2 PROGRAM FOR. PROVIDING ADDITIONAL .SERVICES
In addition to the services identified above, the following services will be
provided in the Annexation Area on the effective date of the annexation,
unless otherwise noted
A The residents of the Annexation Area will .receive library services from
the Fort Worth Public Library commencing on the effective date of the
annexation
B The City will provide general municipal administration and
administrative services
C The Transportation and Public Works Department will provide drainage
maintenance services in the Annexation Area at current Citywide service
levels The City will assume maintenance for all public drainage
channels within dedicated public drainage easements
The Transportation and Public Works .Department will provide .the
following services
Storm sewer maintenance;
Watershed development review and inspection
The Environmental Management Department will provide the following
services
Emergency ,spills and pollution complaints response;
Storm sewer discharge pollution .prevention (commercial only);
Water quality assessments for creeks
The Department of Engineering will provide information relating to flood
plains
3
04~~ Co'1Zo
~o COMPTROLLER OF PUBLIC ACCOUNTS
o P.O. BOX 13528
~ ~xAs ~ AUSTIN, TX 78711-3528
October 6, 2000
Ms. Gloria Pearson
City Secretary
City of Fort Worth
1000 Throckmorton Street
Fort Worth, Texas 76102-6312
Dear Ms. Pearson
We have received annexation ordinance nos. 14332, 14333 and the maps indicating the areas to
be annexed into the City of Fort Worth.
Our office needs additional time to implement the local sales and use tax in the newly annexed
areas. Therefore, the effective date to begin collection of this tax will be January 1, 2001
I spoke with Mr Kevin Lasher, Forth Worth Development Coordinator today, and he stated there
are no businesses currently located m the annexed areas. He also confirmed for me that the
utilrty,companies servicing the newly annexed areas are
Denton County Electric Co-op
TXU Electric Company
TXU Gas Company
Marcus Cable Operating Co LLC
If any of this information is incorrect or you have any questions, please contact me right
away You can call me toll free at 1-800-531-5441, extension 34455 My regular number is
-- _ 512/463-4455- -- . , ._._.. _- -, ~ _ _.. ,. _°._ . _ _ _. _, __ _ s _
Sincerely,
w
Gary Griswold
Revenue Accounting Division
Tax .Allocation Section _
t ~ ~ tt((r _ _
cc Mr Kevin Lasher t € till ~° r ~~
Development Coordinator ~~ ~~ ~~ ~ ~~~ ~ ~ Lt~it~ t~ ~ '
t1 tsL___ ~~'
D Enforcement of the City's environmental health ordinances and
regulations, including but not limited to weed and brush ordinances,
junked and abandoned vehicle ordinances, food handlers' ordinances and
animal control ordinances, will be provided within the Annexation Area
on the effective date of the annexation Complaints of ordinance or
regulation violations within the area will be answered and investigated
by existing personnel beginning on the effective date of the annexation
E The City's building, plumbing,..,~mechanical, electrical, and all other
construction codes will be enforced within the Annexation Area beginning
with the effective date of the annexation
F The City's zoning, subdivision, sign, manufactured housing, junk yard
and other ordinances shall be enforced in the Annexation Area beginning
on the effective date of the annexation
G All inspection services furnished by the City of Fort Worth, but not
mentioned above, will be provided to the Annexation Area beginning on
the effective date of the annexation
3 PROGRAM FOR PROVIDING FULL MUNICIPAL
SERVICES WITHIN 2-1/ YEARS
In addition to the services listed above, the City will provide full municipal
services to the Annexation Area commensurate with the levels of services
provided in other parts of the City except if differences in topography, land
use, and population density constitute a sufficient basis for providing
different levels of service, no later. than .two and one-half (2-~) years after
the effective date of the annexation If full municipal services cannot be
reasonably provided. within the aforementioned time period,, the City will
propose a schedule for providing said services within a period of four and
one-half (4-~) years after the effective date of the annexation, and/or upon
commencement of development of a .subdivision within this property, whichever
occurs later
"Full municipal services" are services
municipal taxation and provided by the
shall provide the services by any of
services to any other area of the City
that are funded in whole or in part by
City within its boundaries The City
the methods by which it extends the
CAPITAL IMPROVEMENTS PROGRAM
The City will initiate acquisition or construction of capital improvements
necessary for providing full municipal services adequate to serve the
Annexation Area Any such construction shall be substantially completed within
two and one-half (2-~) years after the effective date of the annexation If
capital improvements necessary for providing full municipal services for the
Annexation Area cannot be reasonably constructed within the aforementioned
time period, the .City will proposed a schedule for providing said services
within a period of four and one-half (4-~) years, and/or upon commencement of
development of a subdivision within this property, whichever occurs later
Acquisition or construction shall be accomplished by purchase, lease, or other
contract Any such construction shall be accomplished in a continuous process
and shall be completed as soon as reasonably possible, consistent with
generally accepted local engineering and architectural standards and
practices
A Police Protection No capital improvements are necessary at this time
to provide police protection to the Annexation Area Need for
construction of new facilities will be assessed periodically based on
population growth, predicted growth and call volume
B Fire Protection No capital improvements are necessary at this time to
provide fire protection to the Annexation Area Need for construction of
new facilities will be assessed periodically based on population growth,
predicted growth, call volume and response times
C Solid Waste Collection No capital improvements are necessary at this
time to provide solid waste collection services to the Annexation Area
D Water and Wastewater As~~ development and construction of subdivisions
commence within this property,~water and sewer mains of the City will be
extended by the property owner in accordance with provisions of the
Subdivision Ordinance and other applicable policies, ordinances, and
regulations City participation in the costs of these extensions shall
be in accordance with applicable City policies, ordinances, and
regulations Such extensions will commence within two and one-half (2-
1/2) years from the effective date of the annexation ordinance If water
and sewer mains of the City cannot be reasonably constructed within the
aforementioned time period, the City will propose a schedule for
providing said services within a period of four and one-half (4-1/2)
years, and/or upon commencement of development of a subdivision within
this property, whichever occurs later
Following is a summary of the Water and Wastewater Installation Policy
as set out in Section III of the City's Policy for the "Installation
Policy of Community Facilities "
The developer shall cause to be constructed all water and
wastewater facilities ;required to provide service to the
development, subdivision, or lot/tract The developer shall be
responsible for 100 of the cost for. water and wastewater
facilities designed to provide service to the proposed
development If larger facilities are required based on
comprehensive study, the additional incremental cost shall be
borne by the City
Connection to existing City water mains for domestic water service
to serve residential, commercial, and industrial uses within the
Annexation Area will be provided in accordance with existing City
ordinances and policies Upon connection to existing mains, water
will be provided at rates established by City ordinances for such
service at the normal rates charged throughout the City
Connections to existing City sanitary sewer mains for sanitary
sewage service in the Annexation Area will be provided in
accordance with existing City ordinances and policies Upon
connection, to existing sanitary sewer mains, sanitary sewage
service will be provided at rates established by City ordinances
for such service at the normal rates charged throughout the City
E Roads and Streets No road or street related capital improvements are
necessary at this time Future extensions of roads or streets and
future installation of related facilities, such as traffic control
devices, will be governed by the City's standard policies and
procedures
F Drainage Utility No capital improvements are necessary at this time to
provide drainage services
G Street Lighting It is anticipated that new subdivisions in the
Annexation Area will install street ,lighting in accordance with the
City's standard policies and procedures In other cases, the City will
consider installation of additional street lighting in the Annexation
Area upon request, with priority given to street lighting for traffic
safety Provision of street lighting will be in accordance with the
City's street lighting policies, and those of the .providing utility
H Parks, Playgrounds and Swimming Pools Capital improvements such as
parkland acquisition and development of facilities will be dictated by
future land use of the area, goals established by the Parks, Recreation
and Open Space Comprehensive Plan and appropriation of resources
Should additional residential development occur, parkland dedication,
neighborhood park development and neighborhood park infrastructure or
payment in lieu thereof shall be required in accordance with the Park
Policy of the Subdivision Ordinance
I Other Publicly, Owned Facilities, Buildin or Services Additional
Services In general, other City functions and services, and the
additional services described above can be provided for the Annexation
Area by using existing capital improvements Additional capital
improvements are not necessary to provide City services
5 IMPACT FEES
Notwithstanding any other provision of this service plan, a landowner. within
the Annexation Area will not be required to fund capital improvements
necessary to provide municipal services in a manner .inconsistent with Chapter
395 of the Local Government Code governing impact fees, unless otherwise
agreed to by the landowner
City of Fort Worth, Texas
nl~A~ar And Caunc~l ~ami»un~cA~ian
DATE REFERENCE NUMBER LOG NAME PAGE
9/12/00 **L-12891 06EADS 1 of 1
SUBJECT ORDINANCE ANNEXING 2 662 ACRES OF LAND OUT OF THE JAMES EADS
SURVEY, ABSTRACT NUMBER 410, DENTON COUNTY, TEXAS (ANNEXATION
CASE NO A-00-11
RECOMMENDATION
It is recommended that the City Council approve the attached ordinance annexing the subject property
in compliance with the requirements of Chapter 43 of the Local Government Code of the State of
Texas
DISCUSSION
On July 25, 2000, (M&C PZ-2219), the City Council approved the timetable for annexing the above
referenced property into the Fort Worth city limits Public hearings concerning this request were held as
required by state law on August 8 and 22, 2000 The adoption of the attached ordinance completes the
annexation process The City Plan Commission recommended approval of the annexation on July 26,
2000
This property is located on the north line of Eagle Parkway between Heritage Parkway to the west and
IH35W to the east. If annexed, this property would be contiguous to COUNCIL DISTRICT 2
FISCAL INFORMAT{ON/CERTIFICATION
The Finance Director certifies that this action will have no material effect on City funds
MGj
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
~PP~OVED
Mike Groomer 6140 c~T~ C®~NC~~,
Originating Department Head:
S E P 12 20®0
Bob Riley 8901 (from) J
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Y'CFaur., l /' ~' 4.~~J
Additional Information Contact: /"'"'
aocreKarg of tTto
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t;ity cif g'ort vWozih.'1'~x~:s
Kevin Lasher 8030
F~dop#~d ~r~it~ancfa ~~o.