HomeMy WebLinkAboutOrdinance 11262ORDINANCE NO /~~`
AN ORDINANCE CLOSING BENEFIT HEARING AND LEVYING ASSESSMENTS FOR PART OF
THE COST OF IMPROVING A PORTION OF MISSISSIPPI AVENUE FROM EAST BERRY
STREET TO GLEN GARDEN DRIVE, AND PORTIONS OF SUNDRY OTHER STREETS,
AVENUES AND PUBLIC PLACES IN THE CITY OF FORT WORTH, TEXAS, FIXING
CHARGES AND LIENS AGAINST ABUTTING PROPERTY THEREON, AND AGAINST THE
OWNERS THEREOF, PROVIDING FOR THE COLLECTION OF ASSESSMENTS AND THE
ISSUANCE OF ASSIGNABLE CERTIFICATES, RESERVING TO THE CITY COUNCIL THE
RIGHT TO ALLOW CREDITS REDUCING THE AMOUNTS OF THE ASSESSMENT TO THE
EXTENT OF ANY CREDIT GRANTED, DIRECTING THE CITY SECRETARY TO FILE
THIS ORDINANCE IN THE ORDINANCE RECORDS OF THE CITY; AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the City of Fort Worth, Texas, has declared the necessity for and
ordered that each of the following portions of streets, avenues and public places be
improved by raising, grading, filling and constructing thereon•
MISSISSIPPI AVENUE from East Berry Street to Glen Garden Drive, known and
designated as Project No 11-040301, to be improved by
constructing a seven-inch thick reinforced concrete pavement
with a seven-inch high attached concrete curb over a six-inch
thick lime stabilized subgrade so that the finished
roadway will be thirty-six feet wide on a sixty foot width
Right-of-Way Six-inch thick reinforced concrete driveway
approaches and four-inch thick concrete sidewalks will be
constructed where shown on the plans Drainage structures
will be installed where required
Off1GIAt REGGRD
G~1f S~GR~~~R~
~'. i~IORTR, TAX.
WHEREAS, concrete curbs and gutters on proper grade and line, storm drains,
and other appurtenances shall be constructed
WHEREAS, all improvements will be constructed strictly according to approved
Plans and Specifications
WHEREAS, estimates of the cost of the improvements to the streets, avenues, and
public places were prepared, filed, approved, and adopted by the City Council
WHEREAS, the proper notice of the time, place, and purpose of the hearing was
given
WHEREAS, the hearing was held on the 23rd day of February, 1993 at 10:00
o'clock A.M. in the Council Chamber of the City of Fort Worth, and at the hearing the
Council permitted all interested garties a full and fair opportunity to be heard
WHEREAS, the City Council, having fully considered all the matters presented
during the hearing, is of the opinion that the hearing should be closed and the
assessments should be made and levied as herein ordered
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF FORT WORTH,
TEXAS, THAT'
I
The benefit hearing is hereby closed.
II
The City Council finds from the evidence (i) that the assessments should be
made and levied against the respective parcels of property abutting the streets,
avenues, and public places and against the owners of such property, {ii) that the
assessments and charges are correct, (iii) that the assessment and charges are
substantially in proportion to the benefits conferred to the respective parcels of
abutting property by the improvements in the unit in which the assessments are levied,
(iv} that considering the benefits received and the burdens imposed, the assessments
establish substantial justice, equality, and uniformity between the owners of the
respective parcels of abutting property, (v) that each parcel of abutting property
assessed is specially benefitted in the enhanced value of the improvements in a sum of
money in excess of the sum for which the assessment is levied and the charge made;
(vi) that the apportionment of the cost of the improvements is in accord with city
ordinances, and (vii) that the proceedings of the city for the improvements are valid
III
There shall be, and is hereby, levied and assessed against the
abutting property described in Exhibit "A" attached and dated November,
against the owners thereof, whether named or incorrectly named, the sums
itemized opposite the description of the respective parcels of abutt~n
-2-
parcels of
1992, and
of money
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IV
Where more than
property described in
personally liable only
interest bears to the
jointly owned property
proportionate amount owe
ane person, firm or corporation owns an interest in any
Exhibit "A", each person., firm, or corporation shall be
far his or its assessment in the proportion that his or its
total ownership interest of the property An interest in
may be released from the assessment lien upon payment of the
V
The amounts described in Exhibit "A" and assessed against the parcels of
abutting property and the owners thereof, together with interest at eight percent a
year, reasonable attorney's fees and costs of collection, are hereby declared (i) to
be and are made a lien upon the parcels of abutting property against which they are
assessed, (ii) to be and are made a personal liability and charge against the owners
of the parcels of abutting property, whether such owners are correctly named, (iii) to
be and constitute the first enforceable lien against the parcel of abutting property
on which the assessments are levied, superior to all other liens and claims, except
state, county, and school district taxes and city ad valorem taxes
The assessments shall be payable on or before 30 days after the acceptance by
the City of Fort Worth of the project, provided, however, an abutting property owner
may elect to pay the assessment in five equal, consecutive annual installments The
first installment shall be paid no later than thirty days after the acceptance by the
City of Fort Worth of the project Each subsequent installment shall be paid annually
on each annivesary date of the acceptance of the project In the alternative, an
abutting property owner may elect to pay the assessment in 49 equal, consecutive
monthly installments, the first installment to be paid no later than thirty days
after the acceptance by the City of Fort Worth of the project Any owner electing to
pay the assessment in installments, must execute a promissory note and mechanic's and
materialman's lien contract evidencing the owner's intent to pay the assessment in
accord with the terms of one of the installment alternatives If the owner elects to
pay the assessment in installments under either alternative, the assessment shall
bear interest from the date of acceptance of the project at the rate of eight percent
per year Should any installment not be paid on its due date, the City of Fort
Worth shall have the option to accelerate the entire unpaid balance of the
assessment and declare it immediately payable Any terms governing any default in
the payment of any installment shall be set forth in the mechanic's and materialmen's
lien contract and shall be uniform among all abutting property owners executing an
installment contract
In addition, the City Attorney shall have the authority to authorize terms of
payment different than those specified herein when the Director of Transportation and
Public Works has previously determined that an extreme financial a~ R,e ~~
CITY SECRTT~RY
VI
fT. WORTH TEX.
Any default in the payment of any assessment shall be en by
the sale of the parcel of abutting property by the Assessor and Collector of Taxes of
the city in the same manner provided for the sale of property for the nonpayment of ad
valorem taxes, (ii) at the option of the city or its assigns by suit in any court, or
(iii) as provided in the mechanic's and materialman's contract created by this
ordinance The city shall exercise all powers to aid in the enforcement and
collection of the assessments
-3-
VII.
The total amount assessed against the respective parcels of abutting property
and the owners thereof is in accord with the proceeding of the city relating to the
improvements and assessments thereof and is less than the proportion of the cost
allowed and permitted by the law.
VIII
Although charges have been fixed, levied, and assessed as stated, the City
Council hereby reserves the right to reduce the assessments by allowing appropriate
credits to certain property owners. Even though the City Council reserves the right
to issue credits, it shall, not be required to issue credits, and will not do so if the
credits are inequitable ar discriminatory. The principal amount of each assessment
certificate issued by the city shall be determined by deducting any credit from the
amount of the assessment.
IX.
To evidence the several sums assessed against the respective parcels of
abutting property and the owners thereof, and the time and terms of payment, and to
aid in their enforcement and collection, the city shall issue, upon completion and
acceptance of the project, assignable certificates in the amount of the respective
assessment less any credits allowed. The certificates shall be executed in the name
of the city by the Mayor, attested by the City Secretary, and impressed with corporate
seal of the city The certificate shall be payable to the City of Fort Worth or its
assigns, and shall declare the amounts, time and terms of payment, rate of interest,
and the date of the completion and acceptance of the improvements abutting the parcel
of property for which the certificate is issued. Moreover, the certificate shall
contain the name of the owner or owners, if known, and the description of the property
by lot and block number, front feet, or as may otherwise identify the property
Property owned in the name of an estate may be assessed in that name No error or
mistake in describing any property, or in giving the name of any owner shall
invalidate or impair the certificate for the assessments levied.
The certificate shall provide that if it is not paid promptly upon maturity,
it shall be collectable, with reasonable attorney's fees and costs of collection In
addition, the certificate shall provide that the amount evidenced in it shall be paid
to the Assessor and Collector of Taxes of the City of Fort Worth, who shall issue a
receipt as evidence of payment. The Assessor and Collector of Taxes shall deposit the
sums he receives with the City Treasurer to be kept and held in a separate fund.
After any payment on a certificate is made to the city, the Assessor and Collector of
fiaxes, upon presentation of the certificate, shall endorse the certificate to show the
payment If a certificate is assigned, the holder shall be entitled to receive from
the City Treasurer the amount paid by presentation of the certificate endorsed and
credited, and the endorsement and credit shall be the Treasurer's Warrant for making
the gayment The payments by the City Treasurer shall be receipted for the holder of
the certificate in writing and by surrender when the principal, together with accrued
interest and all costs of collection and reasonable attorney's fees, have been paid.
The certificate shall further recite that the proceedings for making the
improvement were held in compliance with the law, and that all prerequisites for
fixing the assessment lien against the property described in cer
personal liability of the owners have been completed. The reci
facie evidence of all matters recited in the certificates, and no
be required in any court.
st
ma
11
fT. WORTN, TEX.
-4-
The certificates may have coupons attached to evidence any installment or may
have coupons for (i) each of the first four installments, leaving the main certificate
to serve as the fifth installment coupon, (ii) or each of the first 48
installments leaving the main certificate to serve as the 49th installment coupon.
The coupons may be payable to the City of Fort Worth, or its assigns. The
certificates may be signed with the facsimile signatures of the Mayor and City
Secretary.
The certificates shall also recite that the city shall exercise all powers to
aid in the enforcement and collection of the certificate Recitals need not be in any
exact form, but in substantial compliance with this ordinance.
X.
The city has power to make and levy assessments and to correct mistakes,
errors, invalidities or irregularities, either in the assessments or in the
certificates
XI.
All assessments levied are a personal liability and charge against the owners
of the property described in Exhibit "A", even though the owners may not be named or
may be incorrectly named Failure to make improvements in front of an abutting
property that is exempt from assessment will not invalidate the lien or liability for
assessments made against other abutting property
XII.
The assessments levied are for the improvements in the particular unit upon
which the respective parcels of property abut, and the assessments for the
improvements in any unit are not affected by the assessments or improvements in any
other unit
In making assessments and in holding the benefit hearing, the amounts assessed
for improvements in any one unit have not been connected with the improvements or
assessments for improvements in any orher unit
XIII
The assessments are levied under the provisions of TEX REV CIV STAT
ANN art 1105b (Vernon 1964), which statute has been adopted as an amendment to and
made a part of the Charter of the City of Fort Worth
XIV
The City Secretary is directed to file this Ordinance in the appropriate Records
of the City
XV
The ordinance shall take effect and be in full force after the date of its
passage, and it is so ordained
OfFiCIAI R~CO~~
-5- I Ci1Y SEC~~T~RY
FT. W~RTE~, ~~X.
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PASSED AND APPROVED this=-'~ day
APPROVED AS TO FORM AND LEGALITY:
[City Attorney
Date:----------------------------
Adopted: ~.~=~=~y~ ~-~~~-------
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Effective.- ; ~'=-=~-~~ '~ ----
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QFf ICIAL RECORD
CITY SECRETARY
ET. WORTH, TEX.
-6-
MISSISSIPPI AVENUE
(EAST BERRY STREET TO GLEN GARDEN DRIVE)
PROJECT NO 11-040301
EXHIBIT A
NOVEMBER 1992
MISSISSIPPI AVENUE FROM EAST BERRY STREET TO GLEN GARDEN DRIVE
PROJECT NO 11-040301
The Assessment Paving Policy provides that property zoned and used as one- or
two-family residential property in a target area will not be assessed Under this
policy the owners of the following improved property zoned and used as one- or
two-family residences are not assessed
MORNINGSIDE TERRACE ADDITION
Block 1, Lots 15, 16
RYAN SOUTHEAST ADDITION
Block 59, Lot 18
Block 62, Lot 19
-1-
OEFlCgA~ R~CORO
CITY SEC~~~RR~
FT. WO~YN, ~b
PROJECT NO 11-040301, MISSISSIPPI AVENLtE FROM EAST BERRY STREET TO GLEN GARDEN DRIVE zs to
be improved by constructing a seven-inch thick reinforced concrete pavement with a seven-inch
high attached concrete curb over a six-inch thick lime stabilized subgrade so that the
t.nished roadway will be thirty-six feet wide on a sixty foot width Right-of-Way Six-inch
thick reinforced conrete driveway approaches and four-inch thick concrete sidewalks will be
constructed where shown on the plans Drainage structures will be installed where required
,OWNER 6 LEGAL DESCRIPTION ZONING FRONTAGE
------------------------- ------ --------
BEGINNING AT E BERRY STREET
EAST SIDE
000001821237
RICHARD SCHEPPLER
(LEASED)
1201 E BERRY ST
FT WORTH TX 76110
BLK 1 LOT 1
40~ TAD OF $157,078 = $62,831
RATE AMOUNT
------------------------- ~ 1
PROPERTY #1
I,E 150 00'PAVEMENT
150 00'CURB
482 40'SF DR APPR
360 00'SF SDWR(R)
LESS CREDIT
ENHANCEMENT
MORNINGSIDE TERRACE #1 ADDN
ADJUSTED COMMERCIAL BUSINESS (1)
000003935833
COOKE EST
$ SALLY DAVIS
2216 W MAGNOLIA AVE
FT WORTH TX 76110
ABST 697 TR 2C09
40$ TAD OF $180,883 = $72,353
HARTZOG, G W SURVEY
ADJUSTED VACANT COMMERCIAL (2)
000004703464
MOUNT GILEAD
BAPTIST CHURCH
600 GROVE
FT WORTH TX 76102
ABST 1413 TR 4A
40$ TAD OF $48,188 = $19,275
PROPERTY #2
I 498 70' PAVEMENT 50 11
482 70' CURB 3 77
241 20' SF DR APPR 3..21
1874 80' SF SDWK(N) 2 68
498 70 DRAINAGE 35 55
50 11
3 77
3.21
2 68
ENHANCEMENT
7516 50
565 50
1548 50
964 80
10595 30
2173 60
8421 70
6000 00
24989 86
1819 78
774 25
5024 46
17728 79
50337 14
19920 00
PROPERTY #3
373 00' FRONTAGE
I 274 00' PAVEMENT 50 11
232 00' CURB 3 77
1096 00' SF SDWK(N) 2 68
274 00' DRAINAGE 35 55
STINSON, ALFRED SURVEY
ADJUSTED VACANT COMMERCIAL (2)(4)
- 2-
13730 14
874 64
2937 28
9740 70
2728
ENHANCEMENT 1492
ASSESSMENT
6000 00
19920 00
~~icin~ ~EC~"~
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00
OWNER & LEGAL DESCRIPTION ZONING FRONTAGE RATE AMOUNT ASSESSMENT
000004703456 PROPERTY #4
GLEN GARDEN APTS
7004 GELN EAGEL DR C 432 00'PAVEMENT 50 11 21647 52
TYLER TX 75703 384 00'CURB 3 77 1447 68
ABST 1413 TR 4A1 241 20'SF DR APPR 3 21 774 25
40$ TAD OF $725,000 = $ 29,000 1650 00'SF SDWK(R) 2 68 4422 00
~ 28291 45
' LESS CREDIT 2211 00
i 26080 45
ENHANCEMENT 17280 00
17280 00
STIN50N, ALFRED SURVEY
ADJUSTED COMMERCIAL BUSINESS, APTS (2)
----------------------------
000005971292 ------------------
PROPERTY $5 -------
CHIN H YI
3302 GREEN RIDGE ST I 140 00' PAVEMENT 50 11 7015 40
FT WORTH TX 76133 140 00' CURB 3 77 527 80
AB5T 1413 TR 4AlA 296 40' SF DR APPR 3 21 951 44
40~ TAD OF 5132,083 = $52,833 416 00' SF SDWK(R) 2 68 1114 88
9609 52
LESS CREDIT 557 44
9052 08
ENHANCEMENT 5600 00
5600 00
STINSON, ALFRED SURVEY
ADJUSTED COMMERCIAL BUSINESS
BEGIN AT GLEN GARDEN DR
----
------------------------
WEST SIDE ------------------
PROPERTY ~6 -------
000002619148
MOUNT ROSE
BAPTIST CHURCH
2864 MISSISSIPPI AVE CF 255 00' PAVEMENT 11 72 2988 60
FT WORTH TX 76104 239 00' CURB 0 99 236 61
BLK 58 LOT 16A 194 97' SF DR APPR 3 21 625 85
20$ TAD OF $12,200 = $2,440 940 00' SF SDWK(R) 2 68 2519 20
6370 26
LESS CREDIT 1635 11
4735 15
ENHANCEMENT 10200 00
2440 00
RYAN SOUTHEAST ADDITION
ADJUSTED EXEMPT CHURCH (2)(5)
o~Fic'~ R c
CITY S~~RT~R~
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~ l~~ ~R~e~y ,L'.
OWNER & LEGAL DESCRIPTION ZONING
E LOWDEN STREET INTERSECTS
000002619547
GOD'S GOSPEL TEMPLE
1108 BAKER B
FT WORTH TX 76104
BLK 59 LOT 19
20~ TAD OF $23,879 = $4,775
FRONTAGE RATE AMOUNT ASSESSMENT
-------------------------
PROPERTY #7
120 00'PAVEMENT 11 72 1406 40
104 00'CURB 0 99 102 96
1509 36
ENHANCEMENT 4800 00
RYAN SOUTHEAST ADDITION
ADJUSTED EXEMPT CHURCH (2)
BAKER STREET INTERSECTS
----------------------------
000002620472
GREAT EXPECTATIONS
ATTN RONALD WELBORN
PO BOX 6257
FT WORTH TX 76115
BLK 62 LOT 18
20~ TAD OF $2,200 = $440
I
-------------------------
PROPERTY #8
B 120 00'PAVEMENT 23 44 2812 80
104 00'CURB 1 98 205 92
3018 72
ENHANCEMENT 4800 00
RYAN SOUTHEAST ADDITION
ADJUSTED RESIDENTIAL VACANT (2)
VICKI LANE INTERSECTS
----------------------------
000001820761
PROGRESSIVE
CONCEPTS INC
5718 AIRPORT FWY I
FT WORTH TX 76117
BLK 2 LOT 15
40$ TA.D OF $3,200 = $1,280
-------------------------
PROPERTY #9
147 75'PAVEMENT
147 75'CURB
50 11 7403 75
3 77 557 02
7960 77
ENHANCEMENT 5880 00
MORNINGSIDE TERRACE ADDITION
ADJUSTED COMMERCIAL VACANT
-4-
1509 36
440 00
O~iaCIAL R~CQRO
CITE S~~~~~'R~
fl'. WI~R~'R, FAA
1280 00
AWNER & LEGAL DESCRIPTION ZONING
000006071821
PROGRESSIVE
CONCEPTS INC
5718 AIRPORT FWY I,E
FT WORTH TX 76117
BLK 2 LOTS 16, 17
40~ TAD OF $325,415 - $130,166
1
i
FRONTAGE
RATE AMOUNT
--------------
PROPERTY #10
200 00'PAVEMENT
Z00 00'CURB
148 20'5F DR APPR
50.11 10022 00
3 77 754 00
3 21 475 72
11251 72
ENHANCEMENT 8000 00
ASSESSMENT
8000 00
MORNINGSIDE TERRACE ADDITION
ADJUSTED COMMERCIAL ~USINESS
-5-
OEFICIAI. REC111~1~
GIN SEC~E`I'~~
fT. WQI~~'ll, ~'I~Xs
_F
~~
MISSISSIPPI AVENUE FROM EAST BERRY STREET TO GLEN GARDEN DRIVE
PROJECT NO 11-040301
COST DISTRIBUTION
i
~A COST TO PROPERTY OWNERS
$ 77,389 36
I B COST TO THE CITY OF FORT WORTH
Street Improvements
Engr. Insp /Admin
(10~ of Estimate $375,000 00)
C TOTAL ESTIMATED PROJECT COST
CITY POLICY
$335,110 64
$297,610 64
$ 37,500 00
$412,500 00
The Assessment Pavinq Policy establishes four methods of determining assessments
and allows for the residential rate to be applied to vacant lots as appropriate
Under this policy assessments cannot exceed
(a) The computed rate
(b) The enhancement to the property
(c) For residential property and Exempt Churches, twenty percent (200) of
the property values as determined by the Tarrant Appraisal District.
(d) For commercial property, forty percent (40~) of the property values as
determined by the Tarrant Appraisal District.
NOTES
(1) TA 110 - Traffic Approval dated March 13, 1980, 80~ credit applied for
previous construction of curb and driveway approaches
(2) Credit applied for Curb Inlets
(3) Tax-exempt places of worship are assessed at 50~ of the residential rate
Pavement $23 44 @ 50a = $11 72
Curb 1 98 @ 50$ _ .99
(4) Property Frontage was adjusted for drainage easement
(5) TA 242 - Traffic Approval dated July 26, 1976, 60$ credit applies for
previous contraction of driveway approach i-----
-6-
OFFI~~A~. RF~~~O
CITY ~F~?'~~~
FT. ~~~~~, .~~
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NASfER fILE•t, '
ACCOUNTING 2
TRANSPORTATlOIV'PUBLIC WORK'S Cif of Fort worth, Texas
NefER ADMINIG7RATj~ry/~a oy, and ~~~,~~ ~~ryylmunicati~~n
EN,GINEERING1l~r~l y
23
BH-0117
20BHMISS
loft
SUBJECT BENEFIT HEARING FOR THE ASSESSMENT PAVING OF MISSISSIPPI AVENUE FROM EAST I
BERRY STREET TO GLEN GARDEN DRIVE (PROJECT N0. 11-.040301)
RECOMMENDATION:
I~t is recommended that the City Council adopt an ordinance that:
1. Closes the benefit hearing, and
2. Levies the assessments as proposed, and
3. Acknowledges that in each case the abutting property is specially benefitted in
enhanced value in excess of the amount assessed for the improvement of Mississippi
Avenue from E. Berry Street to Glen Garden Drive.
DISCUSSION:
The 1990 Capital Improvement Program included funds for the improvement of Mississippi
Avenue from East Berry Street to Glen Garden Drive. The street is located in the Near
Southeast Target Area and has never previously been constructed to City standards.
Community Development Block Grant (CDBG) Funds will provide a portion of the
construction cost. One- and two-family residences are not assessed.
Mississippi Avenue will be constructed with standard concrete pavement including
driveways and sidewalks.
On January 26, 1993 (M&C G-10020), the City Council established February 23, 1993, as
the date of the benefit hearing. Notice was given in accord with Article 1105b,
Vernon's Annotated Civil Statutes.
An independent appraiser has provided a report that documents the enhancement to
property values which results from the improvements. Based on standard City policy, the
Engineer's estimate, and the advice of the independent appraiser, the division of
estimated construction cast is:
Property owners' share of cost $ 77,389.36 ( 19%)
City's share of cost ~ $335,110.64 (81%)
Total cost $412,500.00 (100%)
~-
Printed on recycled paper
City of Fort Worth, Texas
Mayor and Counccill Communication
DATE
02/23/93 REFEREN E NUMBER
BH-0117 L NAME
206HMISS PA E
2 of 2
SUBJECT BENEFIT HEARING FOR THE ASSESSMENT
BERRY STREET TO GLEN GARDEN DRIVE PAVING OF MISSISSIPPI AVENUE FROM EAST
PROJECT N0. 11-040301
There are no unusual situations on this project that
consideration.
This project is in DISTRICT 8.
MG:b require special City Council
Su fitted for City Manager's (FUND ACCOUNT CENTER AMOUNT CITY SECRETARY
Office by to
Mike Groomer 6140 APPROVED
Or~g~r~at ng Departsent Head ~y~y l,~e~f~.i~il~~~
Gary Santerre 7804 from ~'~' ~ ~~~~
Adopted Ordina~lce fi~o
~
For Additional Inforoation ,
~" '
&.r-cs.ci ~4~sa,.M~,,~
Contact: Citp ~cret~ry ~f tr,~~
C
Gary Santerre 7804 itp or Fozi V6brLh, ~~::~,
Printed on recycled paper