HomeMy WebLinkAboutOrdinance 14333ORDINANCE NO /333
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
40 000 ACRES (0 063 SQUARE MILES) OF LAND, MORE OR LESS,
OUT OF THE CHARLES TYDINGS SURVEY, ABSTRACT NO 1276 AND
THE J IVY SURVEY, ABSTRACT NO 649, 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
TH.E 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 8t'' 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 22nd day of August 2000, which date was not more than forty (40)
days nor less than twenty (20) days prior to the institution of
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annexation proceedings, and
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 in
the City of Fort Worth, Texas, and in the hereinafter~desc~ribed
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, and
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
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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 40 000
acres (0 063 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 all that certain tract, parcel, or lot of land located
in the Charles Tydings Survey, Abstract No 1276 and the J
Ivy Survey, Abstract No 649, and being more particularly
described as follows,
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COMMENCING at a 5/8" iron rod found in the northeasterly
right-of-way line of S H 114 (a 100 foot right-of-way), said
iron rod being the southeast corner of a tract of land
described by deed to Briscoe Clark Company, Ltd a Texas
limited partnership, as recorded in Volume 4421, Page 435,
Real Property Records, Denton County, Texas, said iron rod
also being the most westerly southwest corner of a tract of
land owned by Martin. Justin Properties, L L C as recorded in
Vol 4261, Pg 1309, Real Property Records, Denton County,
Texas, said iron rod also being situated in the City Limit
line of the City of Fort Worth, Texas and the County line of
Denton County,
THENCE N 00 degrees 09 minutes 59 seconds E along the east
line of said Briscoe Clark tract, the west line of said Martin
Justin tract and along said City Limit line, a distance of
1106 05 feet to a 5/8" iron rod found,
THENCE S 88 degrees 14 minutes 35 seconds E continuing along
the common property line of said Briscoe Clark tract and said
Martin Justin tract and along said City Limit line, a distance
of 378 98 feet to a 5/8" iron rod found,
THENCE N 00 degrees 19 minutes 12 seconds E continuing along
the common property line of said Briscoe Clark tract` and said
Martin Justin tract and along said City Limit line, a distance
of 391 37 feet to a 1/2" iron rod set for the POINT OF
BEGINNING,
THENCE N 00 degrees 19 minutes 12 seconds E continuing along
the common property line of said Briscoe Clark tract and said
Martin Justin tract and along said City Limit line, a distance
of 1083 26 feet to a 1" iron rod found, said iron rod being
the southwest corner of Lot 40, Hanby View Estates as recorded
in Cab C, Pg 301, Plat Records, Denton County, Texas,
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THENCE S 88 degrees 18 minutes 13 seconds E, departing said
east property line of said Briscoe Clark tract and said City
Limit line, along the south line of the aforementioned Hanby
View Estates, a distance of 1632 29 feet to a 1/2" iron rod
found, said point also being in the south line of Lot 45,
Hanby View Estates, and also being the northwest corner of a
tract of land owned by The Texas 1031 Exchange Company as
recorded by County Clerk File No 96-R0068151, Real Property
Records, Denton County, Texas,
THENCE S 16 degrees 41 minutes 21 seconds W, `departing said
south line of Hanby View Estates and along the west property
line of said Texas 1031 Exchange tract, a distance of 433 62
feet to a 1/2" iron rod found, said iron rod being -the
southwest corner of the aforementioned Texas 1031 Exchange
Company tract,
THENCE S 21 degrees 19 minutes 52 seconds W, a distance of
984 58 feet to a 1/2" iron rod set,
THENCE N 75 degrees 33 minutes 07 seconds W, a distance of
1192 67 feet to the POINT OF BEGINNING, and containing 40 000
acres of land (1,742,408 square feet), 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
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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,
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
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
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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
SECTION 7
That this ordinance shall take effect and be in full force and
effect upon adoption
APPROVED AS TO FORM AND LEGALITY
av~Le.,Q~P~ D
Marce a Olson, Assistant City Attorney
ADOPTED 9- !,? - C'O
EFFECTIVE ~-/,Z- ~~
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1333
(MAP LEGEND I MAP REFERENCES I
Current Incorporated Area
Acres to be Annexed
Acres Disannexed
Mapsco 642-C
Zoning Map D-5-3
N1A Tad Map 2054-496
2nd Public Hearing 08-22-00
Date of Adoption 09-12-00
Council District: 2
Focus Area. R - ^~~~~--
1 V tom! ~ ~ vii i~
Exhibit 'A' Annexation ofi 40.000 Acres
(Page 1 of 2) Project Case No. A-00-1D
1st Public Hearing 08-08-00
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EXHIBIT X
CITY OF FORT WORTH, TEXAS
SERVICE PLAN FOR ANNEXED AREA
Property Subject to Plan CHARLES TYDINGS SURVEY, ABSTRACT NO. 1276 AND
THE J IVY SURVEY, ABSTRACT NO 649 (the
Annexation Area)
Location and Acreage NORTH OF STATE HIGHWAY 114 AND WEST OF F M 156
- 40 000 ACRES
County DENTON
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
B
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
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
18` 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
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C 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
D 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 th'e discretion of the customer
E Operation and Maintenance of Water .and Wastewater Facilities
The Annexation Area is located in the CCN of Aqua Source
Sewer service will be available from an existing 24" sewer line located
1,000' south of the southeast quadrant of S H -114 and F M 156 The City
will provide sewer service to the Annexation Area in accordance with the
"Installation Policy of Community Facilities "
F 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, r.ideabiiity, 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
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-
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G month frequency All improved intersections and roadways are striped
upon improvement All roadways are re-striped and remarked as needed
Operation and Maintenance of Parks, Play rounds 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 willsbe 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, Buildincf
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 abov.e,, 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
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
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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-% 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
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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 fo.r 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 Swimmin 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
Other Publicly Owned.... Facilities, Building or ,Services Additional
Services In general,., other G•ty =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 provisiori...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
n~u~~r un~l Caunc~il a~rtn~un~cAt~on
C
DATE REFERENCE NUMBER LOG NAME PAGE
9/12/00 **L-12892 06TYDINGS 1 of 1
SUBJECT ORDINANCE ANNEXING 40 000 ACRES OF LAND OUT OF THE CHARLES TYDINGS
SURVEY, ABSTRACT NO 1276 AND THE J IVY SURVEY, ABSTRACT NO 649,
DENTON COUNTY, TEXAS ANNEXATION CASE NO A-00-10
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-2218), 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 north of State Highway 114 and west of FM 156 If annexed, this property
would be contiguous to COUNCIL DISTRICT 2.
FISCAL INFORMATION/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)
A~PROdIED
Mike Groomer 6140 T
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Originating Department Head: "
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s E P 12 2000
Bob Riley 8901 (from)
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Additional Information Contact: 4w
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Kevin Lasher 8030
AdoptPtl Ord~narice [Vo. I `/333