HomeMy WebLinkAbout1991-071
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RESOLUTION OF INTENTION NO. 91-71
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RESOLUTION OF THE CITY OF SAN BERNARDINO
DECLARING INTENTION TO ORDER THE ACQUISI-
TION AND CONSTRUCTION OF CERTAIN IMPROVE-
MENTS TOGETHER WITH APPURTENANCES PURSUANT
TO THE PROVISIONS OF THE MUNICIPAL
IMPROVEMENT ACT OF 1913; DECLARING THE
WORK TO BE OF MORE THAN LOCAL OR ORDINARY
BENEFIT; DESCRIBING THE DISTRICT TO BE
ASSESSED TO PAY THE COSTS AND EXPENSES
THEREOF; AND PROVIDING FOR THE ISSUANCE OF
BONDS IN ASSESSMENT DISTRICT NO. 987
(VERDEMONT AREA)
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WHEREAS, the Mayor and Common Council (the "Common
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Council") of the City of San Bernardino (the "City") are
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considering the formation of an assessment district, pursuant
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to the Municipal Improvement Act of 1913 (the "Act"), being
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Division 12 (commencing with Section 10000) of the California
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Streets and Highways Code, for the construction of certain
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public work and improvements and acquisitions, if necessary;
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and
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WHEREAS, the Common Council desires to declare its
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intention to order the construction and acquisition of said
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improvements, to declare the work to be of more than local or
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ordinary benefit, to describe the lands to be assessed to pay
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the costs and expenses of said improvements, and to provide
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for the issuance of bonds;
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NOW, THEREFORE, the Mayor and Common Council of the
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City of San Bernardino do hereby resolve as follows:
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SECTION 1. Q~cri~tion of Improveme~ts. The public
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interest and convenience require, and it is the intention of
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the Common Council, pursuant to the provisions of the Act, to
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RESOLUTION OF INTENTION
order the acquisition and construction of certain improvements
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in a special assessment district designated
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ASSESSMENT DISTRICT NO. 987
(VERDEMONT AREA)
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(hereinafter referred to as the "Assessment District"), said
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improvements generally described as follows:
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Zone 1: Grading, excavation and appurtenant construction
required to install a box culvert in Cable Creek to raise
the Palm Avenue grade, including street improvements,
traffic signal and appurtenances;
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Zone 2: Construction of a storm drain system and
appurtenant construction required to install a storm
water and debris retention facility, including manhole
installation and safety-related amenities;
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Zone 3: Construction of street improvements for Palm
Avenue within an 88 foot right-of-way, including sewer
with manholes, storm drain system, street lights and
appurtenant construction;
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(hereinafter referred to as the "ImprOvements");
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For further particulars, reference is hereby made to
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the Map of the Assessment District entitled "Proposed
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Boundaries of Assessment District No. 987 (Verdemont Area)"
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adopted by Resolution of the City and on file with the City
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Clerk, and to the following additional provisions:
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(a) Said streets, rights-of-way and easements shall
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be shown upon the construction plans herein
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referred to and to be filed with these
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proceedings.
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(b) All of said Improvements and work are to be
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constructed at the places and in the particular
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locations, of the forms, sizes, dimensions and
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materials, and at the lines, grades and
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elevations as shown and delineated upon the
plans, profiles and specifications to be made
therefor, as hereinafter provided.
(c) The description of the Improvements and the
extent thereof as contained in this Resolution
are general in nature. All items of work do
not necessarily extend for the full length of
the description thereof. The plans and
profiles of the work as contained in the
Engineer's Report and on such detailed plans as
may be prepared subsequent to the filing of
such report shall be controlling as to the
correct and detailed description thereof.
(d) Whenever any public way is herein referred to
as running between two public ways, or from or
to any public way, the intersections of the
public ways referred to are included to the
extent that work shall be shown on the plans to
be done therein.
(e) Notice is hereby given that in many cases the
Improvements and work to be constructed will
bring the finished work to a grade different
from that which formerly existed, and to that
extent, said grades are hereby changed and the
work done to the changed grades, as more
particularly described in Section 9 hereof.
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SECTION 2. Description of Assessment District.
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Said Improvements and work are of direct benefit to the
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properties and land within the Assessment District, and the
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City hereby makes the expenses of said Improvements and work
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chargeable upon those properties, which properties are hereby
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declared to constitute the Assessment District benefited by
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said Improvements and work and to be assessed to pay the costs
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and expenses thereof, including incidental costs and expenses,
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described as follows:
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All that certain territory included within the exterior
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boundary lines shown on the plat exhibiting the property
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affected or benefited by or to be assessed to pay the
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costs and expenses of said Improvements and work in the
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Assessment District, said map titled and identified as
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PROPOSED BOUNDARIES OF
ASSESSMENT DISTRICT NO. 987
(VERDEMONT AREA)
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and which said map was heretofore approved by Resolution of
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the City and is on file with the City Clerk, EXCEPTING
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therefrom the area of all public streets, public avenues,
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public lanes, public roads, public drives, public courts,
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public alleys, and all easements and rights-of-way therein
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contained belonging to the public. For all particulars as
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to the boundaries of the Assessment District, reference is
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hereby made to said map and for a complete description of
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said Assessment District, said map on file with the City
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Clerk shall govern.
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SECTION 3. Report of Engineer. Pursuant to Section
10203 of the Act, the Common Council hereby refers the proposed
Improvements to the Engineer of Work of the Assessment
District, previously designated by Resolution of the City, who
is hereby directed to make and file a report in writing in the
form described in Section 10204 of the Act, containing the
following:
(a) Plans and specifications of the proposed
Improvements to be constructed under these
proceedings;
(b) An estimate of the cost of the proposed
Improvements and work, and of the cost of lands,
rights-of-way, easements and incidental expenses
as enumerated in said report in connection
therewith;
(c) A diagram showing the exterior boundaries of the
Assessment District which shall also show the
dimensions of each parcel of land within the
Assessment District, as the same existed at the
time of the passage of this Resolution of
Intention, each of which subdivision shall be
given a separate number upon said diagram;
(d) A proposed assessment of the total amount of the
cost and expenses of the proposed Improvements,
including, but not limited to, environmental
impact reports, feasibility studies, engineering
plans, costs estimates and legal expenses, upon
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the several subdivisions of land in the
Assessment District in proportion to the
estimated benefits to be received by each such
subdivision, respectively, from the
Improvements. Said assessment shall refer to
such subdivisions upon said diagram by the
respective numbers thereof; and
(e) An annual assessment in an amount not to exceed
five percent (5.0%) of the amount of each
assessment installment shall be assessed upon
each of the parcels of land upon which there is
an unpaid assessment in the Assessment District
to pay costs incurred by the City, and not
otherwise reimbursed, which result from the
administration and collection of any bonds issued
or funds administered under the proceedings, as
provided in Section 10204(f) of the Act; such
costs shall be in addition to any costs collected
pursuant to Sections 8682 and 8682.1 of the Bond
Law (as defined in Section 4 hereof).
SECTION 4. Bonds. Notice is hereby given that serial
and/or term bonds in one or more series to represent the unpaid
assessments, and bearing interest at rates not to exceed the
current legal maximum rate of 12% per annum, will be issued
hereunder in the manner provided in the "Improvement Bond Act
of 1915" (the "Bond Law"), being Division 10 (commencing with
Section 8500) of the California Streets and Highways Code, the
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last installment of which bonds shall mature a maximum of and
not to exceed thirty-nine (39) years from the second day of
September next succeeding twelve (12) months from their date.
The provisions of Part 11.1 of the Bond Law (commencing with
Section 8760), providing an alternative procedure for the
advance payment of assessments and the calling of bonds, shall
apply.
The principal amount of the bonds maturing each year
shall be other than an amount equal to an even annual
proportion of the aggregate principal amount of the bonds; the
amount of principal maturing in each year plus the amount of
interest payable in that year, will be as provided in the
resolution authorizing issuance of each series of bonds.
~IO~~. AuthQritv for Proceeding~. Except as
herein otherwise provided for the issuance of bonds, all of the
Improvements shall be made and ordered pursuant to the
provisions of the Act.
SECTION 6. liliLPlus Funds. If any excess shall be
realized from the assessment after completion of the
Improvements and payment or provision for the payment of all
costs and expenses in connection with the Assessment District,
such excess shall be used, in such amounts as this Common
Council may determine, in accordance with Section 10427 and
10427.1 of the Act.
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SECTION 7. Special Fund. The Common Council hereby
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3 IMPROVEMENT FUND
ASSESSMENT DISTRICT NO. 987
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into which moneys may be transferred at any time to expedite
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the making of the Improvements herein authorized; said moneys
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are a loan and shall be repaid out of the proceeds of the sale
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of bonds as authorized by law.
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SECTION 8. Private Contract. Notice is hereby
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given that the public interest will not be served by allowing
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the property owners to take the contract for the construction
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of the Improvements, and that, as authorized by law, no notice
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of award of contract shall be published.
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SECTION 9. Grades. Notice is hereby given that the
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grade to which the work shall be done shall be as shown on the
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plans and profiles therefor, which grade may vary from the
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existing grades. with the written consent of the property
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20 property, if the Engineer of Work determines that it is more
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22 the work on public property as provided in Section 10100.1 of
23 the Act, such work shall be assessed to the parcel of land on
24 which such work was done. The work herein contemplated shall
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V grade shall be made at the public hearing to be conducted
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SECTION 10. proceedinas Inauiries. For any and all
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information relating to protest procedure, your attention is
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directed to the person designated below at the department
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indicated:
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Roger G. Hardgrave (714) 384-5025
City of San Bernardino
300 North "0" Street
San Bernardino, California 92418
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SECTION 11. Public Property. All public property
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in the use and performance of a public function shall be
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omitted from assessment in these proceedings unless expressly
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provided and listed herein.
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SECTION 12. Available Funds. Pursuant to Section
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8769 of the Bond Law, this Common Council hereby determines
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and notice is hereby given that the City will not obligate
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itself to advance available funds from the City treasury to
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cure any deficiency which may occur in the bond redemption
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fund.
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SECTIO]Lll. Acauisition of Riaht of-Way. The
20 public interest, convenience and necessity may require that
21 certain land, rights-of-way or easements be obtained in order
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23 District to be accomplished. For a general description of the
24 location and extent of the easements or land necessary to be
25 acquired, if any, reference is hereby made to the Report of
U Engineer described in Section 3 hereof or to maps on file with
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SECTION 14. Bond Redemption. The Common Council
further elects to provide that the bonds herein authorized,
upon redemption prior to maturity, shall provide a premium of
not to exceed five percent (5%) on the unmatured principal, to
be determined and specified in the resolution authorizing
issuance of the bonds, and said language shall be added to the
redemption clause in the bond form and the City shall require
the property owner to pay said premium in order to discharge
the obligation of the lien prior to maturity.
SECTION~. Division 4 Proceedin~. It is the
intention of this Common Council to fully comply with the
proceedings and provisions of the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931
(the "1931 Act"), being Division 4 (commencing with Section
2800) of the California Streets and Highways Code. A written
report has been ordered to be prepared pursuant to Sections
2824 and 2825 of the 1931 Act and such report shall be
presented to the Common Council at a duly noticed and called
public hearing.
SECTION 16. utility Aareements. This Common
Council hereby authorizes the Superintendent of Streets, on
behalf of the City, to enter into an agreement with the San
Bernardino County Flood Control District, which agreement
shall comply with the provisions of Section 10110 and 10110.1
of the Act.
SECTION 17. Refundina of Bonds. The Common Council
hereby determines and notice is given that, in addition to any
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other rights to refund the bonds issued hereunder reserved by
this City Council, the bonds may be refunded on or after
September 2, 1996, upon determination by resolution of the
Common Council to do so, QJ:ovided, there will be a reduction
in the interest cost to maturity by reason of the refunding of
such bonds, and that the refunding bonds shall bear interest
at a rate not to exceed the maximum rate permitted by law and
shall have a maximum number of years to maturity not in excess
of the terms of such bonds, and any adjustment to assessments
resulting from the issuance of the refunding of such bonds
will be done on a pro rata basis.
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02104/91
RESOLUTION OF INTENTION
ASSESSMENT DISTRICT NO. 987 (VERDEMONT AREA)
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I HEREBY CERTIFY that the foregoing resolution was
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duly adopted by the Mayor and Common Council of the City of San
adjourned
Bernardino at an reqular meeting thereof, held on
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March
, 1991, by the following vote,
11th day of
the
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to wit:
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Council Members:
l'ffiYS
ABSTAIN
AYES
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ESTRADA
x
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REILLY
x
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FLORES
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MAUDSLEY
x
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MINOR
x
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POPE-LUDLAM
x
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MILLER
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IS
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14.-.A'-A-U:. /~'M__<-(/~..
, City C erk
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The foregoing resolution is hereby approved this
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13th
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!<1arch
day of
, 1991.
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24 Approved as to form
and legal content:
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James F. Penman
26 City Attorney
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