HomeMy WebLinkAboutR-2004-13 acquisition of land for drainage and flood control
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RESOLUTI9N NO. 2004 . -'...3.
A RESOLUTION AUTHORIZING THE ACQUISITION OF TRACTS OF LAND fOR
DRAINAGE AND FLOOD CONTROL PURPOSES IN THE CITY OF LA PORTE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF. .
WHEREAS, the City Council of the City of La Porte has found and determined
that public necessity requires the acquisition of tracts of land for drainage and flood
control purposes. on the hereinafter described real property in the City of La Porte,
Harris County, Texas; and
WHEREAS, the City Council of the City of La Porte has found and determined .
that the tracts of land hereinafter described are suitable' and needed for drainage c;lnd
flood ~ntrol purposes, and tha~ it is necessary t~ acquire same for drainage purposes;
and
" WHEREAS, the City Council of the City of La Porte deems if advisable to
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authorize, and does hereby authorize, John D. Armstrong, Assistant City Attorney of the
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City of La Porte, or his designated representative,. to represent the City of La Porte in
the acquisition of the hereinafter described property;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUN~IL OF THE
CITY OF LA PORTE:
Section 1. That the said John D. Armstrong, as Assistant City Attorney for the
City of La Porte, or his designated representative, be and he is hereby authorized to
negotiate with the owners of the. hereinafter described land, concerning the acquisition
by the City of La Porte, of the tract of land for drainage and flood control purposes,
located in Harris County, Texas,. said tract of land being more particularly described as
follows, to-wit:
A public fee strip of varying width as herein described for the purposes of
storm water conveyance, open channel construction for the F101 drainage
system.. specifically the F1 01-06-01. channel, and maintenance. The fee
strip is across. a portion of that certain. tract, described as 9.852 acres of
"land being out of Outlots 327, 334 and 347 of .the Tow.n of La Porte,
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according to the map or plat recorded in Volume 61, Page 374 of the deed
records of Harris County, Texas; being in the Enoch Brenson League, A-5,
City of La Porte, Harris County, Texas; said fee strip consisting of 2.9724
acres being more particularly described by metes and bounds as shown
on Exhibit "A", attached hereto.
at the fair market value for same, and should said City Attorney, or his designated
representative, as the duly authorized representative of the City of La Porte, be unable
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to agree with such owners as to the fair ~arket value of such tract of land, then, and in
that event, said attorney be; and he is hereby authorized and directed to file against all
owners and lienholders, proceedings in eminent domain to acquire the above described
property, for drainage and flood control purposes.
Section 2. The City Council officially finds, determines, recites, and declares that
a sufficient written notice of the date, hour, place and subject of this meeting .of the City
Council was posted at a place convenient to the public at the City Hall of the City for the
time required by law pre~eding this meeting, as required by the Open Meetings Law.
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. Chapter 551. Texas Government Code; and that" this meeting has been open to the
public- as reql,lired by.law at all times during which this resolution and the subject matter
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thereof has been discussed, considered and formally acted upon. The City Council
further ratifies; approves and confirms such written. notice and the .contents and posting
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thereof.
Section 3. This Resolution shall be effective from and after its passage and
approval.
PASSED AND APPROVED this '21l day of~mJLt Bee . 2004.
CITY OF LA PORTE
By:
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Alton Porter. Mayor
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ATTEST:
Gfv1/JJH/A. a I t1ad
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City Secretary
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STATE OF TEXAS 9
COUNTY OF HARRIS 9
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A public fee strip of varying width as herein described for the purposes of public storm
. . water conveyance, open channel construction for the FIOI drainage'system specifically
, the FIOI-06-01 channe.l, and m;rintenance. The fee strip IS across a portion of that certain
tract, described as 9.8521 acres of land being out of Outlots 327, 334 and 347 of the
Town of La Porte, according to the map or plat recorded in Volume 61, Page 374 of the.
deed records of Harris County, Texas, being in the Enoch Brenson League, A-5, City of
La Porte, Harris County, Texas; said fee strip consisting of 2.9724 acres being more
particularly described by metes and boundS as follows:
COMMENCING at a s/8 inch iron rod found marking the Southwest comer of Outlot 327
of said Town of La Porte, said point. being on the North right-of-way line of North P
Street (80 fItO.W.);
THENCE, EAST, along and coincident with the North boundary line of the existing
North P Street right-of-way, ,a distance of 196.00 feet to a point for comer said point to
henceforth be the Southerly Southwest comer of the herein described fee ~trip to the
POINT OF BEGINNING;
THENCE, N 00000'57" W, along a line being 140.00 feet West of mid parallel with the
East boundary line of the aforesaid Outlots 327 and 334,. a distance of 870.00 feet to a
point f~r comer, said point being on the South line of the EastlWest portion a Harris
County Flood Control drainage easement recorded by instrument in Harris County
Clerk's File Number C123622;
THENCE, WEST, along the South line offue EastlWest portion the said Harris County
Flood Control drainage easement recorded by instrument inHarris County Clerk'$ File
NUmber C123622, a distance ,of 196.00 feet to a'point for comer of~e herein describe4
fee strip, said point being on the West boundary of Outlot 334; .
THENCE, N 00000'57" W, along a line being coincident with the West boundary of
Outlots 334, and 347 of the Town of La Porte; a distance of 130.00 feet to a point for
comer, said point to henceforth be the Westerly Northwest comer of the herein described
fee strip; "
, THENCE, N 89044'27" ,E, along a line being 383.65 feet South of and parallel to the.
North boundary of the aforementioned Outlot 347 of the Town of La Porte and peing
parallel to the South line of a Hickam Industry 22.6070 acre tract described by instrument
filed under Harris County File Number J992531 a distance of 336.00 feet to a point for
comer, said point being on the East boundary line of the aforesaid Outlot 347;
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THENCE, S 00000' 57" E, coincident with the west line of an unrecorded subdivision
known as Ike's Addition, a dist8nce 100.00 feet to a point in the c~nterJine of a 40.00 foot
Hanis County Flood Control drainage easement recorded in Volume 1445, Page 676 of
the deed records ofHanis County, Texas;
THENCE, WEST, along the centerline of said Hanis County Flood Control drainage
easement, a distance of 40.00 feet to a point for comer of the herein described fee strip,
said point being interior to the aforementioned 40.00 foot Harris County Flood Control
drainage easement;
THENCE, S 00000'57'~ E, along a line being 40.00 feet West of and parallel with the East
boundary line of the aforesaid OutIots 327 and 334, and coincident with the West
boundary of a 20.00 foot H.C.F.C. drainage easement recorded by instrument in Harri~
County Clerk's File Number C123622, a distance of 900.00 feet to a found ~ inch iron
rod, said point being on the north right-of-way line of North P Street right-of-way (80
foot R.O.W). . .
THENCE, WEST, along a line being .coincident with the North boundary line of North P
Street right-of-way, a distance of 100.00 feet to the POINT OF BEGINNING of the
herein described fee strip and containing within these calls 2.9724 ACRES, MORE OR
LESS.
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EXHIBIT 2 .'
EXHIBIT
F101-06-01 WATERSHED IMPROVEMENTS
MARIO & MARIA MARRtRO
TRACT NUMBER 1
SQ. FT.
PARENT TRACT 429157.48
ACQUISI1ION 121636.94
'D$EMENT (ABANDONED) 0.00
EXISTING E'ASEMENT 44880.00
LEGEND
=PARlNT TRACT BOUNDARY
~ =,PROPOSED ACQUlSmON
~ =EXlST1NG EASEMI!NT
(10 81 ABANDONED)
o =I!XJST1NG EASEMENT III Nt.: I&-4IlZ
ACRES
9.85
2.97
0.00
1.03
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EXHIBIT 3
- . . ._~)~ ~--_...--. .._----_.... -.., .._--~..
. -.- KINS & ARMSTRONG, P.C.
ATTORNEYS AT LAW
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TOH~ YOER,\:l S
RECEIVED
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\...... h' h-_
.... .....~~_ _ R.1. ._..I.~..._ _~. ..........._......__
702 W. FAIRMONT PARKWAY
P. O. BOX 1218
LA PORTE. TEXAS 77572.1218
Sf? 0 1 2004
PLANNING DEPT.
... ...-- ..--...----.....---..--,..-......-....--------
August 31, 2004
TELEPHONE 281 471-1886
TELECOPIER 281 471-2047
E-MAIL: kwaskins@aol.com
iohn.a@swbell.nel
claskins@swbell.net
r;=;,:-;;.-;:::,--.'--:----___. ',,,_._
1/ fi)f-~-J~ ..r.:. F.P!..!t :....
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11 i::j Aul'G 3 , " .'......
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.! It::3~0~(:i_.'.0:.: .. ~':,~:. "'(~~.=:-i";
---.-....... ...-.........
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'h'_' .~..... .__._..__._._____-.-:;::::;____.~ _ ..__n.."._.
-.--.-,____~__._._ _&::1..__....__._.,...__..
ity Council
RE: Notice to landowner re: condemnation of Lomax area properties
Dear Mayor and Council:
During the August 23, 2004 city council meeting a question was raised about the
legal prerequisites for filing a condemnation suit against the owner several tracts of land
in the Lomax area identified as F101-06-01. This issue arose during discussion of
agenda item seven, which was for consideration of a resolution authorizing the city
attorney's office to proceed with legal action to 'acquire said property for flood and
drainage purposes under the F101 Master Watershed Plan.
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As I advise~ at the A~gust 23, 2004 meeting, it is the opinion of our office that a
lando"Yner is not legally entitled to formal or informal notice of a municipality's design to
condemn property for public use in the future. The passage of a resolution by council
authorizing such action, duly recorded in 'the county land records, is the only official
action that is required before filing suit in court.
I would note that under the Texas Property Code an entity that has actually .filed
a condemnation suit must show that it attempted settlement of, but was unable to agree
with the property owner on a price for, the property to be acquired. However, this should
. not be understood to require a municipality to give a landowner notice of a purpose to
condemn property at some point down. th~ road. This law only means that once a
condemning entity has decided to proceed with condemnation, it must attempt to reach
a settlement with the landowner on a purchase price before actually filing its petition in
court. As such, this requirement is detailed in the body of the resolution before council.
The fact that the landowner in this matter did not have actual notice of moratoria
on development in the area, even if the result of error on the part of the City, would not
affect the City's right to condemn the subject properties.
Thank you, and should you have any questions please do not hesitate to contact
me at my office.
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Sincerely,
~T.M~
Clark T. Askins
. Assist. City Attorney
Cc: . City Manager
Debra FeazeUe
Cc: ~stant' City Manager
John Joerns
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requested: SeDtember 13. 2003
ADDroDriation
Requested By: .Jnhn .lnern!!
Source of Funds: Bond Fund 040
Department: Plaaaiag
Account Number: 040-9892-847-11.00
Report:
Resolution: X Ordinapce:
Amount Budgeted:
N/A
Exhibit 1:
Takings Resolutio~
Amount Requested: N/A
Exhibit 2:
Map of area to be acquired
Budgeted Item: YES NO
Exhibit 3:
Letter from City Attorney
SUMMARY & RECOMMENDATION
As part of the La Porte Comprehensive Plan and the FIOI Master Watershed Plan, the continued build out of the
FI0J channel system was recommended to help ease some of the drainage burdens that the existing systems are
experiencing the in the Lomax area and to serve future development. The owner ofthe land identified as FlOl-06-
01 on the attached exhibit has submitted plans to subdivide the area needed for channel improvements. It is
recommended that the City oiLa Porte pursue the purchase of this land at this time to keep the FI01 plan intact.
l11e recommended source of the Funds is Fund 040 which has projected contingency of $71,465 plus an additional
$151,953 from FY 04-05 proposed budget. The FIOI-06-01 lateral has been extended from the south and a pair of
10ft x 8 ft box culvert has been extended across North P Street to receive flows from this future channel. A public
hearing is not required.
According to the City Attorney, "...a landowner is not legally entitled to formal or informal notice of a
municipality's design to condemn property for public use..." This clarities that the city was not legally required to
notify or inform the landowner that a moratorium was placed on his land and earmarked for future use as a drainage
channel to serve the greater public good. The City Attorney furthermore addresses the same issue by saying, "The
fact that the landowner in this matter did not have actual notice of moratoria on development in the area, even if the
result of error on the part of the City, would not affect the City's right to condemn the subject properties." See
Exhibit 3.
Action Required bv Council:
Consider approving a takings resolution for approximately 2.9724 acres of land to be used to construct channel
F 101-06-0 I for drainage purposes.
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Date
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RESOLUTION NO. 2004. A ~...{ ~\1'b\\)Y
A RESOLUTION AUTHORIZING THE ACQUISITION OF TRACTS OF LAND FOR
DRAINAGE AND FLOOD CONTROL PURPOSES IN THE CITY OF LA PORTE;
FINDING COMPLIANCE WITH THE OPEN MEETINGS LAW; AND PROVIDING AN
EFFECTIVE DATE HEREOF.
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WHEREAS, the City Council of the City of La Porte has found and determined
that public necessity requires the acquisition of tracts of land for drainage and flood
control purposes on the hereinafter described real property in the City of La Porte,
Harris County, Texas; and
WHEREAS, the City Council of the City of La Porte has found and determined
that the tracts of land hereinafter described are suitable and needed for drainage and
flood control purposes, and that it is necessary to acquire same for drainage purposes;
and
WHEREAS, the City Council of the City of La Porte deems it advisable to
authorize, and does hereby authorize, John D. Armstrong, Assistant City Attorney of the
City of La Porte, or his designated representative, to represent the City of La Porte in
the acquisition of the hereinafter described property;
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF LA PORTE:
Section 1. That the said John D. Armstrong, as Assistant City Attorney for the
City of La Porte, or his designated representative, be and he is hereby authorized to
negotiate with the owners of the hereinafter described land, concerning the acquisition
by the City of La Porte, of the tract of land for drainage and flood control purposes,
located in Harris County, Texas, said tract of land being more particularly described as
follows, to-wit:
A public fee strip of varying width as herein described for the purposes of
storm water conveyance, open channel construction for the F101 drainage
system, specifically the F101-06-01 channel, and maintenance. The fee
strip is across a portion of that certain tract, described as 9.852 acres of
land being out of Outlots 327, 334 and 347 of the Town of La Porte,
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according to the map or plat recorded in Volume 61, Page 374 of the deed
records of Harris County, Texas, being in the Enoch Brenson League, A-5,
City of La Porte, Harris County, Texas; said fee strip consisting of 2.9724
acres being more particularly described by metes and bounds as shown
on Exhibit "A", attached hereto.
at the fair market value for same, and should said City Attorney, or his designated
representative, as the duly authorized representative of the City of La Porte, be unable
to agree with such owners as to the fair market value of such tract of land, then, and in
that event, said attorney be, and he is hereby authorized and directed to file against all
owners and lienholders, proceedings in eminent domain to acquire the above described
property, for drainage and flood control purposes.
Section 2. The City Council officially finds, determines, recites, and declares that
a sufficient written notice of the date, hour, place and subject of this meeting of the City
Council was posted at a place convenient to the public at the City Hall of the City for the
time required by law pre~eding this meeting, as required by the Open Meetings Law,
Chapter 551, Texas Government Code; and that this meeting has been open to the
public as required by law at all times during which this resolution and the subject matter
thereof has been discussed, considered and formally acted upon. The City Council
further ratifies, approves and confirms such written notice and the contents and posting
thereof.
Section 3. This Resolution shall be effective from and after its passage and
approval.
PASSED AND APPROVED this 13Ad day of (L~ . 2004.
CITY OF LA PORTE
~.t~ \\)~
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By:
Alton Porter, Mayor
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ATTEST:
Martha A. Gillett
City Secretary
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STATE OF TEXAS ~
COUNTY OF HARRIS ~
A public fee strip of varying width as herein described for the purposes of public storm
water conveyance, open channel construction for the F101 drainage system specifically
. the F101-06-01 channel, and maintenance. The fee strip is across a portion of that certain
tract, described as 9.8521 acres of land being out of Outlots 327, 334 and 347 of the
Town of La Porte, according to the map or plat recorded in Volume 61, Page 374 of the
deed records of Harris County, Texas, being in the Enoch Brenson League, A-5, City of
La Porte, Harris County, Texas; said fee strip consisting of 2.9724 acres being more
particularly described by metes and bounds as follows:
COMMENCING at a 5/8 inch iron rod found marking the Southwest comer of Outlot 327
of said Town of La Porte, said point being on the North right-of-way line of North P
Street (80 fR.O.W.);
THENCE, EAST, along and coincident with the North boundary line of the existing
North P Street right-of-way, a distance of 196.00 feet to a point for comer said point to
henceforth be the Southerly Southwest comer of the herein described fee strip to the
POINT OF BEGlNNING;
THENCE, N 00000'57" W, along a line being 140.00 feet West of and parallel with the
East boundary line of the aforesaid Outlots 327 and 334, a distance of 870.00 feet to a
point for comer, said point being on the South line of the East/W est portion a Harris
County Flood Control drainage easement recorded by instrument in Harris County
Clerk's File Number C123622;
THENCE, WEST, along the South line of the East/West portion the said Harris County
Flood Control drainage easement recorded by instrument in Harris County Clerk's File
Number .C123622, a distance of 196.00 feet to a point for comer of the herein described
fee strip, said point being on the West boundary of Outlot 334;
THENCE, N 00000'57" W, along a line being coincident with the West boundary of
Outlots 334 and 347 of the Town of La Porte, a distance of 130.00 feet to a point for
comer, said point to henceforth be the Westerly Northwest comer of the herein described
fee strip;
THENCE, N 89044'27" E, along a line being 383.65 feet South of and parallel to the
North boundary of the aforementioned Outlot 347 of the Town of La Porte and being
parallel to the South line of a Hickam Industry 22.6070 acre tract described by instrument
filed under Harris County File Number J992531 a distance of 336.00 feet to a point for
comer, said point being on the East boundary line of the aforesaid Outlot 347;
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THENCE, S 00000'57" E, coincident with the west line of an unrecorded subdivision
known as Ike' s Addition, a distance 100.00 feet to a point in the centerline of a 40.00 foot
Harris County Flood Control drainage easement recorded in Volume 1445, Page 676 of
the deed records of Harris County, Texas;
THENCE, WEST, along the centerline of said Harris County Flood Control drainage
easement, a distance of 40.00 feet to a point for comer of the herein described fee strip,
said point being interior to the aforementioned 40.00 foot Harris County Flood Control
drainage easement;
THENCE, S 00000'57" E, along a line being 40.00 feet West of and parallel with the East
boundary line of the aforesaid Outlots 327 and 334, and coincident with the West
boundary of a 20.00 foot H.C.F.C. drainage easement recorded by instrument in Harris
County Clerk's File Number C123622, a distance of 900.00 feet to a found ~ inch iron
rod, said point being on the north right-of-way line of North P Street right-of-way (80
foot R.O.W).
THENCE, WEST, along a line being coincident with the North boundary line of North P
Street right-of-way, a distance of 100.00 feet to the POINT OF BEGINNING of the
herein described fee strip and containing within these calls 2.9724 ACRES, MORE OR
LESS.
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EXHIBIT 2
EXHIBIT
F101-06-01 WATERSHED IMPROVEMENTS
MARIO & MARIA MARRERO
TRACT NUMBER 1
SQ. FT.
PARENT TRACT 429157.48
ACOUISffiON 121636.94
fASENENT (ABANDONED) 0.00
EXISTING EASEMENT 44880.00
LEGEND
= PARENT TRACT BOUNDARY
~ =PROPOSED ACQUlSmON
~ =EXlSltNG EASEMENT
(10 BE ABANDONED)
D =EXISltNG EASEMENT no NI>.: 8&-4Il2
$I
'0e;
ACRES
9.85
2.97
0.00
1.03
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EXHIBIT 1
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REQUEST FOR CITY COUNCIL AGENDA ITEM
Agenda Date Requeste
t 23 2004
ADDroDriation
Requested By:
Source of Funds: Bond Fund 040
Department:
Account Number: 040-9892-847-11.00
Report:
Resolution: X Ordinance:
Amount Budgeted:
N/A
Exhibit 1:
Takings Resolution
Amount Requested: N/A
Exhibit 2:
Map of area to be acquired
Budgeted Item: YES NO
SUMMARY & RECOMMENDATION
As part of the La Porte Comprehensive Plan and the FIOJ Master Watershed Plan, the continued build out of the
FI01 channel system was recommended to help ease some of the drainage burdens that the existing systems are
experiencing the in the Lomax area. The owner of the land identified as FIOI-06-01 on the attached exhibit has
submitted plans to subdivide the area needed for channel improvements. It is recommended that the City of La
Porte pursue the purchase of this land at this time to keep the FI 0 I plan intact. The recommended source of the
Funds is Fund 040 which has projected contingency of $71,465 plus an additional $151,953 from FY 04-05
proposed budget. The FI0I-06-01 lateral has been extended from the south and a pair of 4 ft x 3 ft box culvert has
been extended across North P Street to receive flows from this future channel. A public hearing is not required.
Action Required bv Council:
Consider approving a takings resolution for approximately 2.9724 acres of land to be used to construct channel.
FI0I-06-01 for drainage purposes.
Approved for Citv Council A2enda
t>&oh1~O~CL~
Debra Brooks Fe lie, City Ma er
</-/7 -()rj
Date