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HomeMy WebLinkAboutCAG1969-001 - Original - Cascade Sewer District - Mill Creek Relief System Agreement - 08/22/1969 Executed in..-. counterparts of which this is counterpart No._3....... CASCADE SEWER DISTRICT - CITY OF KENT - MUNICIPALITY OF METROPOLITAN SEATTLE AGREEMENT FOR JOINT USE AND OVERSIZING OF SEWERAGE FACILITIES THIS AGREEMENT made and executed as of this day of 1969 , between the CITY OF KENT , a municipal corporation of the State of Washington , (hereinafter referred to as the "City" ) , the CASCADE SEWER DISTRICT , a muni - cipal corporation of the State of Washington , ( hereinafter referred to as the "District" ) , and the MUNICIPALITY OF METRO- POLITAN SEATTLE , a municipal corporation of the State of Washington , ( hereinafter referred to as "Metro" ) ; WITNESSETH : WHEREAS , the parties have heretofore entered Into long-term agreements for disposal by Metro of sewage collected by the City and the District ; and WHEREAS , Metro desires to construct the Mill Creek Inter- ceptor and Garrison Creek interceptor as shown on Exhibit A attached hereto and by this reference made a part hereof ; and WHEREAS , the City and the District desire that Metro increase the capacity of the Mill Creek Interceptor to accept sewage pumped from certain drainage basins not included in the area that flows by natural gravity to said interceptor ; and WHEREAS , the City desires to use poriions of the Mill Creek and Garrison Creek Interceptors as local sewerage facili - ties , and desires that Metro construct a local sewerage facility extension to the Mill Creek Interceptor ; NOW, THEREFORE , in consideration of the mutual covenants contained herein , it is hereby agreed as follows : Section 1 . Definition .of Terms . Whenever the following terms shall be used in this agreement , they shall have the follow- ing meaning unless otherwise specifically indicated in the context in which they appear . (a ) The term "Metropolitan Sewerage Facilities" shall mean those sewerage facilities which are or will be owned or used by Metro and operated and main- tained as a part of the Comprehensive Plan of Metro for a Metropolitan Sewerage System . ( b ) The term " Local Sewerage Facilities" shall mean all sewerage facilities which are used by the District or City for the local collection of sewage to be delivered to the Metropolitan Sewerage System . (c ) The term "Construction Cost" shall , unless other- wise specified in the context in which used , mean the contract construction cost , sales tax , engin- eering design and inspection costs , road and property restoration costs , damage claim costs , legal costs , 6% annual interest costs during the period of construction and direct overhead costs of the constructing agency attributable to the construction of the facility described exclusive of any costs attributable to franchises , easements and rights of way . 2 (d ) Where manhole numbers are referred to , reference Is made to Metro Contract Document Number 68- 12 , for the Mill Creek Interceptor and Metro Contract Number 68- 10, for the Garrison Creek Interceptor . Section 2 . The Joint Use of Certain Combined Metropolitan Local Sewerage Facilities . The City and Metro agree that certain portions of the Mill Creek and Garrison Creek interceptors shall serve as both a Metropolitan and a Local Sewerage Facility . Said portions being herein described as that portion of the Mill Creek Interceptor between manholes R18F-30 and R18F-38, and that portion of the Garrison Creek Interceptor lying between a point 385 feet south of manhole R18- 1 and manhole R18-29 . Local connections may be made by the City in such manner as shall be approved by Metro . For the right to make such connections to the Mill Creek Inter- ceptor, the City shall pay to Metro within 35 days following the first side sewer connection thereto , the sum of $35 ,000, said amount representing the cost of constructing an eight- inch (8" ) local sewer on the same alignment , provided that if such connec- tion shall be made more than twenty-four months following notifi - cation to the City by Metro that said interceptor is ready for service, then the City shall pay interest on such sum of 6% per annum from the end of said twenty-four month period . For the right to make such connections to the Garrison Creek Interceptor , the City shall pay to Metro the sum of $9 . 03 per front foot of property served on each side of the sewer alignment , plus $ 175 per connection where Metro has constructed the side sewer from the tee to the property or easement line . Said amounts represent the cost 3 for constructing an eight- inch (8" ) local sewer on the same alignment . The City shall make such payments to Metro as and before each connection is made to the Garrison Creek Interceptor . Metro shall operate and maintain all portions of the Mill Creek and Garrison Creek Interceptors , exclusive of the Mill Creek Interceptor Extension , and the City shall operate and maintain any side sewer or local sewerage facility connected to said inter- ceptors up to and including the tee connection . In addition to the above Joint use portions , the City agrees that Metro may construct for the convenience of Metro , those portions of the Mill Creek Interceptor between manholes R18F- 10 and R18F- 14 , and between manholes R18F-21 and R18F-27 to serve as both a Metropolitan and a Local Sewerage Facility to replace the existing local sewer in the vicinity thereof , at no cost to the City . Metro shall connect all existing side sewers to said portions of the Mill Creek Interceptor and shall operate and maintain said portions of the interceptor , and the City shall operate and maintain all side sewers up- to and including the tee connections . All future side sewer connections thereto shall be made by the City at no cost to Metro and in a manner approved by Metro . Section 3 . Oversize of Mill Creek Interceptor . The City , District and Metro agree that the Mill Creek Interceptor shall be oversized to accept the flow from drainage areas to be served by the City and District that are not included in the drainage area tributary to said interceptor as determined in the Comprehensive Plan of Metro . The City and District agree to pay $32 , 625 and $54 , 375 , respectively , to Metro, the sum of which represents the total cost to Metro for oversizing the Mill Creek Interceptor , ex- clusive of the extension as defined in Section 4 herein . Such 4 payments shall be made to Metro , in full , within 35 days following notification by Metro to the City and District that the Mill Creek interceptor is ready for service . The City shall have the right to use 5 . 45 million gallons per day capacity at 104th Ave . S . E . , plus incremental tributary capacity westerly thereof and the District shall have the right to use 5 . 75 million gallons per day capacity of said sewer westerly of 104th Ave . S . E . Section 4 . Mill Creek Interceptor Extension . The City , District and Metro agree that Metro shall do all things necessary to construct the Mill Creek Interceptor Extension , a Local Sewer- age Facility , being herein defined as that portion of the Mill Creek Interceptor extending from manhole RI8F-39 to a point 483 . 4 feet easterly of manhole R18F-41 , as shown on Exhibit A . The total construction cost of said extension is herein agreed to be equal to 9 . 04% of the total construction cost of the Mill Creek Inter- ceptor including such extension . All costs pertaining to contract change orders resulting from additional work on the Mill Creek Interceptor Extension shall be paid entirely by the City . All costs pertaining to contract change orders resulting from addi - tional work on the Mill Creek Interceptor , excluding the Extension , shall be paid entirely by Metro . Within 35 days following notification by Metro to the City that said extension is ready for service, the City shall pay to Metro , the total construction cost of said extension . Upon receipt of payment , Metro shall convey the Mill Creek Interceptor Extension to the City free and clear of all encumbrances . The City shall have the right to use 5 . 45 million gallons per day capacity of said extension at 104th Ave . S . E . , plus incremental tributary capacity westerly thereof , and the District shall have the right to use 5 . 75 million gallons per day capacity of said sewer westerly of 104th Ave . S . E . For the right to use said extension for transportation 5 of sewage col.lected by the District , the District shall pay to the City the amount specified in the agreement between the City and the District dated and within the time specified therein . The City shall own and shall perform at its expense, the operation and maintenance of the Mill Creek Inter- ceptor Extension . Section 5 . Location and Completion of Mill Creek and Garrison Creek Interceptors . The City agrees that the location of the Mill Creek and Garrison Creek Interceptors , as shown on Exhibit A attached hereto, supersedes the alignment of said Interceptors described in Section 9 of Agreement dated May 18, 1967 between the City and Metro . Metro shall complete the construction of the Garrison Creek Interceptor prior to July I , 1969 and the construction of the Mill Creek Interceptor and Extension prior to December I , 1969, provided that such dates may be extended one month for each month or part thereof that the complete execution of this agreement shall be delayed after February 15 , 1969, and by the time consumed hereafter by acts of God , strikes , material shortages beyond the control of Metro or its contractors , or in litigation or in legal procedure required as the result of litiga- tion which actually delays the authorization or construction of said facilities , or in litigation required to acquire the right of way therefor . / ' 7n� Section 6 . Construction of Relief Sewer . ` hen Metro has a (sr.& n?,//- u^ &4110�1' Pe,Q nN� determined that the capacity of the existing sewer downstream.,from ;7%Lo the Mill Creek interceptor is being approached , the flow shall be monitored by Metro and the estimated number of connections for 6 the ensuing two years shall be furnished by both the City and the District . On the basis of the monitored and predicted flows , Metro shall plan and construct the Mill Creek Relief Sewer gener- ally as shown on Exhibit A , or in lieu of the construction thereof , within 35 days ' written notice from Metro , the City and District shall restrict any additional local sewer connections tributary to the Mill Creek Interceptor. If the 60- inch ( 60" ) Auburn Interceptor as shown on Exhibit A has not been constructed by Metro when the Mill Creek Relief Sewer has been ordered to be constructed , the Auburn Interceptor shall be constructed to the point of connection with the Mill Creek Relief Sewer at the same time that the relief sewer is constructed , or in lieu thereof , the City and District may direct Metro to construct an agreed upon alternative relief system . All costs incurred by Metro in the construction of the Mill Creek Relief Sewer or alternate relief system shall be paid by the District and the City in the proportion specified in the agreement between the City and the District dated ( G ' within 35 days following acceptance by Metro of such relief sewer or relief system as completed and notification thereof given to the City and the District . If it is necessary for Metro to construct an extension of the Auburn Interceptor at the same time that the relief sewer is constructed , all costs incurred by Metro for the Auburn Interceptor shall be advanced by the City and the District in the same proportion as described above . The costs thus advanced by the City and the District shall be repaid by Metro in full within 35 days from the date when sewage disposal charges shall first be paid to Metro by by': the City of Auburn . 7 Section 7 . Basic Agreements Unchanged . Except as provided in Section 5, the respective parties shall comply with all provis- ions of Agreement dated May 18, 1967 between Metro and the City and First Amendment of said Agreement dated June 15 , 1967 , and Agreements dated August 1 , 1963 and April 6 , 1967 between Metro and the District , without qualification or condition by reason of any provision or interpretation of this Agreement , it being the intention of the parties that the above agreements shall not otherwise be affected or modified hereby . Section 8 . Records Available and Documents Executed . Metro shall make available to the City and District all records pertaining to the construction of the Mill Creek and Garrison Creek Interceptors and the Mill Creek Interceptor Extension . Upon con- veyance of the Mill Creek Interceptor Extension , Metro shall furnish to the City reproducible as-built drawings of said extension . The parties agree that they shall execute such instruments or documents and resolutions or ordinances as may be required to give effect to the terms of this Agreement . IN WITNESS WHEREOF , the parties have executed this Agreement as of the day and year first above written . CITY OF T Ale rnton Mayor ATTEST : t Marl ensen Cit Clerk 8 CASCADE SEWER DISTRICT Lowel Leck by Commis. omm i scone Larry C . Shrout Commissioner Edward H . FJla arty Commissioner ATTEST : Larry C .- TFrout Secretary ,of the Board of Commissioners MUNICIPALITY OF METROPOLITAN SEAT�LE Z) C . Carey Donworth Chairman of the Council ATTEST : Mar yn ,Suliivan Cler of the Council 9 STATE OF WASHINGTON ) ss . COUNTY OF KING ) On this day of 1969 , before me personally appeared ALEX THORNIOrecti Rom] N . to me known to be the Mayor and City Clerk, res ely, of the City of Kent.. Washington, a municipal corporation , and acknowledged the within and foregoing instrument to be the free and voluntary act and deed of said corporation , for the uses and purposes therein mentioned and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written.90T ARY PUBLIC in and Tor file 51at of Washington , residing at STATE OF WASHINGTON ) ss. COUNTY OF KING ) On this 9 4 day of , 1969, before me personally appeared -LOWELL V. LECK Y, EDWARD H.-'FLAHERTY $ LARRY C. SHROUT, to me known to be the Commissioners of Cascade Sewer District, a municipal corporation , and acknowledged the within and foregoing instrument to be the free and voluntary act and deed of said corporation , for the uses and purposes therein mentioned , and on oath stated that they were authorized to execute said instru- ment and that the seal affixed is the corporate seal of said �gorporation . IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year first above written . RY.ePPUBLIU in and for th State of Washington, residing STATE OF WASHINGTON ) ss. COUNTY OF KING ) Al 1969 before On this — day of _ u,6,/- S me personally appeared C. CAREY DONWOR H and MARALfrN SULLIVAN, to me known to be the Chairman of the Council and Clerk of the Council , respectively, of the Municipality of Metropolitan Seattle, a municipal corporation, and acknowledged the within and foregoing instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation . IN WITNESS WHEREOF , I have hereunto set my hand and affixed my official seal the day and year first above written . ice) J l l AR UB41 � and or the State '�f Washington , residing at Seattle ! k rl. It T^&j'" '�': l •{ 'I' _..-.� .,.- a ��IN .. aa}., t�:wr. t4>R., b M 'ffi t. I• NA. { ., ^ i. M ; t..M Al f ' .lye.. .�Y ` la. .• _.. l .. 0 'r. I , iy ✓' �1 ) v N 1 CREEK G,4RR/SON "..i' _ , � R� �' ,fI '� NTER TORS • '� ',; ; ��, } r� 3 k 1 �� � 44 ��� }� .r fi AL It J� ��'.�.� ly ; �• ' If u f ea^^�?Y. .�' ,,; ..yr eE it.� . '�'+!aN� •4n -zr1F • � - s � 7 a L'�. ...» W x r , ,. (y' a Y• � ♦� �'�• `1 � � - III+ r + RELIEF SEPY4R 111'V.S-i .w {• a �� JY, l L t •Vi ...%:'•' � y VIM 1 [k' to e•I v • YY ''� �'� �1,: 3 " M i 1 ('�+I 11A �� e ' � ,]r' �1+ s r +1,(r Y. /yam • x � +� of� i !it _ # re 1f r , tr, � 4 •i..�.••. ., I if i,�^{� :�'i,a��J .+ s tY� �, ^e ., r rFa���� .!a+•.xa11Na��I ' y,.,. x . } f•a le 'g {5:. rr � s � '" 1 • t i wbar2• Nwi�Ma�>Yll�y �se ♦« r. 1 r y tl a , r bot r fl . ks» 1 MILL CREEK r n � /NTERCE'PTAR Mill �k 44 i t Iry r tYr '° 1 r ¢ �' y�••�' lrl + tff a .. 4l1i it Piy�'}'' � {�• � r '�at �t J,° ? '� p 7i ,11 i I lj'� y t All CRE\ /NTER— 4cE , CEPTOR EXTENSION � '? r -' July 33 , 1969 Metro 410 West Harrison Street Seattle , Washington 98119 Attention : Mr. Gibbs Dear Mr. Gibbs : Kent - Cascade Sewer District - Metro Agreement for Joint Use and Oversizing of Sewerage Facilities In compliance with your letter of May 15th , I have enclosed herewith six copies of the above referenced agreement which have been executed by the Mayor And City Clerk. I trust you will find everything in order. Very truly yours , Marie Jensen " City Clerk I ,",*--� Enclosures MJ/db 410 WEST HARRISON STREET SEATTLE, WASHINGTON 99119 ATwater 4.5100 METRO p1 ,r 61 Metropolitan Council Chairman C. Carey Donworth May 15, 1969 SEATTLE Mayor J. D. Braman Councilmen The Honorable Mayor and City Council Paul J. Alexander City of Kent Ted Best City Hall Charles M. Carroll Kent, Washington 98031 Mrs. Harlan H. Edwards Tim Hill Gentlemen: Mrs. Arthur V. Lamphere Floyd C. Miller M. B Mitchell Kent - Cascade Sewer District - Metro Sam Smith Agreement for Joint Use and BELLEVUE oversizing of Sewerage Facilities Mayor In accordance with our discussions with your consulting Kenneth A. Cole engineers, enclosed are 10 copies of the reference agree- KIRKLAND ment. If the agreement meets with your approval, please Councilman execute the six counterpart copies and return them to this Albert A. King office for presentation to the Cascade Sewer District. MERCER ISLAND P1 On Page 1. The agreement will be councilman c dated on the day it is executed by the Municipality. Also, Cleveland Anse ell (,-please record the date of your Agreement with Cascade C Sewer District on pages 6 & 7. REDMOND Mayor Thank you for your cooperation. Selwyn L. "Bud"Young - Very tr ► yours, RENTON //,/ / Mayor /// Donald W.Custer ,,,/1/�i'�� � � SMALLER TOWNS C.'il"a es V. Gibbs James W. Barton Executive Director Mayor,Hunts Point KING COUNTY CVG/PJBtsk Commissioners Enclosures Ed Munro John D. Spellman cc: Hill, Ingman, Chase & Co. UNINCORPORATED AREAS Cascade Sewer District A. Dean Worthington Mr. James R. Ellis Mr. John P. Bereiter Executive Director Mr. Donald Holm Charles V. Gibbs CLEAN WATERS DAIE M( QtERI.Chit f,,t P,I k, Am-A T-21OHNION,NIM'Or TmMAS FOSIER,l'ilU (11110 H.CAN'ANAJT(;11.'1'rr:isnrcr Mn 71 JENSEN,CON (.1PFk N lit (.I W. simmool),Fll�!1114, I li, BERFATER Cit�l t1to 11 June 4 Mr . Chr.�rlcs v. GU)l [.ix(,ciii LvQ Director municit)ali-ty of me! I q)olittln Settle 410 Harrison ecIt scattio , Washington '8119 Rr": Kent C,t,;cade Sewer Di, rict Metro Agreement for Joi, - Use and Oversizing of Sewers Faci- lities ; and 1,crIt - 1).j : -r i ct S,cwcr Int_­rc�q)tor 11,grrwi,, ant Dcar Mr. Gibbs : Please refer to your letter of May 15 , 1969 addressed to the Honorable Mayor and city Council of the City of Kent, regarding the above entitled subjects. At its regular meeting on Monday, June 2 , 1969 , the Kent City Council authorized the Mayor and the City Clerk to execute the above-referenced Agreements , after instructing that some changes be made therein. Referring to the Kent - Cascade Sewer District - Metro Agreement, specifically Section 4 on s . per- paqc 5 thereof. , that sentence which commr�ncr'l; T 1 r tz-iiiiiiiq contract Ord0":; , vla:j io read c-is "All co,­,t.L,, pertaining trycontract chan,jr_� orders Folj(.�ws : resulting from additional work on the mill Creek Interceptor Extension shall be paid entirely by the party or parties re- questing work. " Also, in that same Agreement, on page 6 , Section 6 , the first sentence thereof was amended to read as follows : "When Metro has determined that the capacity of the existing sewer downstream (to be inserted here is a figure reflecting the capacity at so many million gallons per day) from the Mill Creek Interceptor is being approached, . . . " Mr . Charles V. Gibl,s Page 2 June 4 , 1969 The proposed Agreement between Kent and Cascade Sewer District regarding the interceptor line was left intact. I have i.n my (-)nr, col>y and your: letLc,r o t- Mrly .Li , 1969 , aL the Cascade - Metro - Kent Agreement Cite ()f Kent. I 'd suggest that those copies be conformed and that , th(!rc�aftor, the Mayor and the Kent City Clerk can execute th()se documents and forward copies to the necessary parties . Yours truly , JOHN B. BERRITER City Attorney JBB:mjr CC,. bill , Ingman, Chase & Company cascade Sewer. District Mr. ;James R. Kl.Lis Mr . Donald G. IIolm Mavor Alex Thornton Mr . Joe Street Mrs . Marie Jensen Mr. Glen W. Sherwood i 'iw June 25, 1969 INTEROFFICE MEMO TO: Mayor Alex Thornton _mrif. Marie Jensen Mr. ,Toe Street Mr. Glen W. Sherwood Councilman Jerry Barnier Enclosed herewith is a photostatic copy of a letter received by myself from r4r. Charles V. Gibbs , Executive Director. of This Metro, which I believe you will find self-explanatory. is sent to you for your information and action. f Yours truly, JOHN li. BF.RE ITFR Cite Attorney JBB:mjr Enclosure � JT�y ly METRO410 WEST HARRISON STREET SEATTLE, WASHINGTON 98119 ATwater 4.5100 1 M©tropolitanCouncil June 17 , 1969 ('1.1inirtunn C. Cirev T)onworth SEATTLE Mss or Flo.d C. >1111er Mr. John B. Bereiter Geunc:ltnell red Rea City Attorney Charles M. Carndl City of Kent Mrs. Tlarinn 11. rdwards Kent, Washington 98031 rim nul Mrs. Arthur V. Lamphere Dear Mr. Bereiter: M. H Mitchell Sam Smith 1,;em Rng hwi Kent-Cascade Sewer District - Metro I 1). ur1•.lt Agreement or Joint Use and oversizingn g of Sewerage Facilities_ RELLEYUE ' e olla Reference is made to your letter of June 4, 1969 , and to Kenneth A. C a subsequent telephone conversation between Mr. Sherwood KIRKLAND and Mr. Mallory of our office in which changes to the cormcibnan referenced agreement were discussed. Albert A. King LAND We understand that your Council's concern over change MERCER ISLAND orders on the Mill Creek Interceptor Extension was (:1evlaand nnschell based on the possibility of one of the parties requesting a design change. To date, approximately 750 lineal feet REDMOND of the extension has been constructed in accordance with 1.1avor Metro Contract No. 68-12 , leaving approximately 400 lineal selwyn I_ "1110" V,mng feet yet to be constructed. Thus , the pipe diameter and RENTON location is essentially fixed. The only change orders §hrver that are likely to occur would be due to unforeseen field nonald W. Crlster conditions. Since Metro is the responsible construction agency with the authority to issue change orders to SMALLER TOWNS compensate for these conditions, Metro would have to pay I;1:11,r,.V. 111rtF11 for additional work if your suggested wording were used. Mawr. Hunts Point These types of change orders should be considered as an KING COUNTY appropriate cost Of the facility and should be paid for Co'mtr L.aecnnte as specified in the Agreement as submitted. Therefore, I011111 Spellfi1a}1 it is respectfully requested that Section 4 of the Agree- (. mite 0,111161 ment remain unchanged. Ui diet Rol n wot,,t11o5 NI. I-ol"the As for your suggested change to section 6 , we agree that m) II It°a'1" the figure "5. 8 million gallons per day" should be inserted A. )eaa vvortbi 01111 as requested. a n Executive Director Charles V. Gibbs N CLEAN WATERS ,Jr,: ................. a Mr. John B. Bereiter Page 2 June 17 , 1969 If this meets with your approval, we suggest that the above insert be made by your office to all six counterpart copies. The documents may then be executed and returned to this office for presentation to the Cascade Sewer District. Very t Iy yours arfes V. Gibbs Executive Director CVG/PJB:js cc: Hill, Ingman, Chase & Co. Cascade Sewer District Mr. James R. Ellis Mr. Donald Holm JOSEPH A.STREET,City Administrator ,EX THORNTON,Mayor Y DAVE MC QUERY,Chief of Police .H.CAVANAUGH,Treasurer �y( �.y �(� THOMAS FOSTER,Fire Chief -Co 1111'�'11" ��' -I rnt MARIE JENSEN,City Clerk �.Y.�II A- V'` fJ GLEN W. SHERWOOD,Engineer JOHN B.BEREITER,City Attorney •SC.c� BARNEY WILSON,Recreation Director J lA I y G'.� RECEIVED Metro ;tlo ;rest iILrrison str Oclt JUL 24 1969 Seattl,c , ';v ;.sl in"ton 9311.9 1Munldpa* of Metropolitan Seattle Attention : 1 r . ^dibbs r• t�^ict - Metro A neisi�nt for Joint 1:s end Oversizin of sewere� ;e Faci_l.iti. . . In compTiax�cc: wit your I. t �.:. or `:a}' 1 �tl1, i liave tboy referenced enclosed Iierc-,wit1l si:c co l- of .x�ree>ment r"r7�ic'i� lxwc been c: re i c1 b y t'=le 'Mayor anc1 City Cleric. I trust you :,rill fin ] ev:> ytI ix: orci ';lry truly yours , b��rie Je. . en C:._ty Enclosures 'NO db y g� fi 3; a r �f ;. °rx arr pan`a�rr tT CITY CLERK jtw 12 0