HomeMy WebLinkAboutOrdinance 13997
ORDINANCE NO
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 251 30 ACRES (0 393
SQUARE MILES) OF LAND, MORE OR LESS, OUT OF THE GUADALUPE CARDINAS
SURVEY, ABSTRACT NO 214, AND THE CHARLES TYDINGS SURVEY, ABSTRACT
NO 1276,ALL OF 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 5th day of October 1999, 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 19th day of October 1999, which date was not more than forty
(40) days nor less than twenty (20) days prior to''the institution
of annexation proceedings, and
WHEREAS, notice of the first such public hearing was posted on
the City of Fort Worth's Internet web site, and published in a
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newspaper having general circulation in the City of Fort Worth,
Texas, and in the hereinafter described territory on the 24th day
of September 1999, 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, 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 8th day of
October 1999, which date was not more than twenty (20) days nor
less than ten (10) days prior to the date of said public hearing,
and
WHEREAS, written notice of the proposed annexation was
provided to the Northwest Independent School District, 18501 State
Highway 114, Justin, Texas 76247-8700 on the 24th day of September
1999, 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
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
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WHEREAS, the hereinafter described territory lies adjacent to
and adjoins the City of Fort Worth, Texas, and
WHEREAS, the hereinafter described territory contains 251 30
acres (0 393 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 situated in the Guadalupe Cardinas
Survey, Abstract No 214, and the Charles Tydings Survey,
Abstract No 1276, Denton County, Texas, and being all of that
tract of land described by deed to Hillwood/114 & 156., Ltd ,
as recorded in Volume 2470, Page 708, Real Property Records,
Denton County, Texas, and being more particularly described by
metes and bounds as follows
Beginning at a 5/8 inch iron rod found in the northeasterly
right-of-way line of Texas State Highway No 114 (a 100' right-
of-way) said iron rod being the southeast corner of said
Hillwood/114 & 156, Ltd Tract, from which a found 1 ~ inch
iron pipe bears S 67° 05' O1" E, 18 80 feet,
Thence S 00° 09' 59" W 108 97 feet to a point in the south
right-of-way of said Texas State Highway No 114, said point
being the northernmost northeast corner of a part of a 231 06
acre tract of land described by deed to Northwest ISD filed
County Clerk No 95-80042861 D R D C T and annexed into the
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City of Fort Worth by Ordinance No 13888,
Thence N 66° 25' 27" W 2363 10 feet along the southwesterly
right-of-way line of said Texas State Highway No 114 to a
point at the beginning of a curve to the left,
Thence with said curve to the left, through a central angle of
04°29' 48", having a radius of 2814 93 feet, the long chord
of which bears N 68°48' 21" W, 220 86 feet, an arc distance
of 220 92 feet to a point,
Thence N 19° 04' 45" East 100 feet to a point in the
northeasterly right-of-way line of said Texas State Highway
No 114, said point being the southwest corner of said
Hillwood/114 & 156, Ltd Tract,
Thence the following bearings and distances along a boundary
line agreement as recorded in Volume 1639, Page 272, Real
Property Records, Denton County, Texas
N 00° 19' 21" E (Deed N 02° 06' 00" E), 625 87 feet
departing the northeasterly right-of-way line of said
Texas Highway Number 114 to a 5/8 inch iron rod found,
N 88° 19' 38" E (Deed due east), 173 83 feet to a 5/8
inch iron rod found,
N 00° 17' 55" E (Deed N 02° 06' 00" E) , 552 29 feet to a
5/8 inch iron rod found,
N 85° 40' 03" W (Deed N 83° 15" W, 474 27 feet) , 474 08
feet to a 5/8 iron rod found from which a found 5/8 inch
iron rod bears S 85°40' 03" E, 0 58 feet,
Thence along the boundary line of said Hillwood/114 & 156,
Ltd Tract the following bearings and distances
N 00° 18' 33" E (Deed N 02° 06' 00" E) , 2859 30 feet to a
concrete post found,
S 89°11' 34" E (Deed S 87°24' 14" E), 1319 10 feet to a
~ inch iron rod found,
S 00° 40' 42" W (Deed S 02° 28' 47" W) , 1318 21 feet to a
~ inch iron rod found,
S 89°22' 14" E (Deed S 87°35' 09" E), 1709 83 feet to a
5/8 inch iron rod found in an abandoned road,
S 00° 19' 12" W (Deed S 02° 06' 00" W) , 2639 49 feet in
said abandoned road to a 5/8 inch iron rod found from
which a found % inch iron rod (bent) bears N 64°26' 39"
W, 23 72 feet,
-4-
N 88° 14' 35" W (Deed N 86° 27' 10" W) , 378 98 feet to a
5/8 inch iron rod found from which a found 5/8 inch iron
rod in concrete bears S 53°30' 32" E, 20 87 feet,
S 00° 09' 59" W (Deed S Ol° 57' 47" W) , 1106 05 feet to
the point of beginning and containing 10,946,446 square
feet or 251 30 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,
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, said Service Plan having been prepared prior to
publication of the notices of hearings prescribed under Section
43 065 of the Texas Local Government Code, and having been made
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available at said 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
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 from and after the date of its passage, and it is so
ordained
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APPROVED AS TO FORM AND LEGALITY
William W Wood, Deputy City Attorney
DATE /'ll~~~~lart~M ~~ ~ f`~~ J
ADOPTED ~ (~VL~i~(YII~ q ~ ~L"1
EFFECTIVE ~(~L1,11nv_~~J1 ~ ~C~C~
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ILE NO q_gg_pg PLAT NO
CURRENT INCORPORATED AREA
25130 ACRES TO BE ANNEXED
N/A ACRES TO BE DISANNEXED
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1ST PUBLIC HEARING
2ND PUBLIC HEARING
DATE OF ADOPTION
ORDINANCE NO
October 5, 1A9~
October 19, 1999
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EXHIBIT X
CITY OF FORT WORTH, TEXAS
SERVICE PLAN FOR ANNEXED AREA
Property Subject to Plan GUADALUPE CARDINAS SURVEY, ABSTRACT NO.
214, AND THE CHARLES TYDINGS SURVEY,
ABSTRACT NO 1276 (the Annexation Area)
Location and Acreage NORTH OF STATE HIGHWAY 114 AND WEST OF F M -156
- X251 30 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 (FWPD) 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;
Handling of complaints and incident reports;
Special units, such as traffic enforcement, criminal investigations,
Narcotics, gang :suppression, and special weapons and tactics team
The FWPD anticipates providing service to the Annexation Area with an
average response time of not more than the city-wide average response
time
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
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
1
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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 mor-e 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 within the Certificate of Convenience and
Necessity (CCN) of a private water service provider In the event the
Certificate of Convenience and Necessity (CCN) is transferred to Fort
Worth, the City will then provide water service to the Annexation Area in
accordance with the "Installation Policy of Community Facilities An
existing 24-inch City of Fort Worth water main is located along State
Highway 114 and Farm to Market Road 156
Sewer service will be available to the Annexation Area from an existing
18-inch sewer main located on the east side of Farm to Market Road 156
approximately 1,000 feet south of State Highway 114 Sewer facilities may
be extended to the Annexation Area in accordance with the "Installation
Policy of Community Facilities "
Operation and Maintenance of Roads and Streets, Including 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
2
G
H
2
of traffic volumes All regulatory sign
warranted following an engineering stuc
signs are replaced as needed "CALL BAC
day, 365 days a year for emergency sign
collectors, the marking of streets is
improved intersections and roadways a~
roadways are re-striped and remarked as
and signals are installed when
r Faded, vandalized, or missing
" service is provided 24 hours a
repair For major arterials and
on an 18-month frequency All
striped upon improvement All
needed
Operation and Maintenance of Parks, Playgrounds and Swimming 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
Operation and Maintenance of Any Other Publicly Owned Facility, Building
nr Carzri ra
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
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
3
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 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, mobile home, 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 (4-1/2) 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 the
to any other area of the City
that are funded in whole or in part by
City within its boundaries The City
methods by which it extends the services
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 (4-1/2) 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
4
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 and call volume
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 (2-1j2) 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 or payment
in lieu thereof shall be required in accordance with the Park Policy of
the Subdivision Ordinance
I Other Publicly Owned Facilities, Building or Services Additiona]. 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
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
6
City of Fort Worth, Texas
M'Ayor And Cauncit CammunicAtion
DATE
11/9/99 REFERENCE NUMBER
PZ-2151 BOG NAME
06DENTON PAGE
1 of 1
suB~ECT . ORDINANCE ANNEXING 251 30 ACRES OF LAND IN THE GUADALUPE CARDINAS
SURVEY, ABSTRACT NO 214, AND THE CHARLES TYDINGS SURVEY, ABSTRACT
NO 1276, DENTON COUNTY, TEXAS (ANNEXATION CASE NO A-99-08)
RECOMMENDATION
It is recommended that the City Council approve the attached ordinance annexing the subject property
in compliance with the requirements of Section 43 063 of the Local Government Code of the State of
Texas.
DISCUSSION
On September 21, 1999, the City Council approved the timetable for annexing the above referenced
property into the Fort Worth City limits (M&C PZ-2124) Public hearings concerning this request were
held as required by state law on October 5 and 19, 1999 The adoption of the attached ordinance
completes the annexation process. The City Plan Commission recommended approval of the
annexation on September 22, 1999
LOCATION -The subject property is located north of State Highway 114 and west of F M 156 If
annexed, this property would become a part of COUNCIL DISTRICT 2.
MG k
Submitted for City Manager's FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by: (to)
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Mike Groomer 6140 ~~
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Originating Department Head: ~~ ~.oAJ~.1 ~1,~~1 ~„
Ann Kovich 8901 (from) ~®1~ g il~~
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Additionaf,Information Contact: ~ ~ /'
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Cwt;' di~'~¢.z'1'' of L~~3
Ann Kovich 8901 C"~`y''°''~'"~~'
f~atlt3t~fi.t?U ~'1''G'siT~~c~ r~~ ~~ `'~-I