RES 2001-0607 - Amendment to agmt with Mercy Housing Midwest assigning rights and obligations to Salvation Army t)#;;
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' g Department
`4 `, id,,,, Omaha/Douglas Civic Center
�u ► '.4 ' 1ra1 in Street,Suite 1100
�� f ..tin O l F EB 2u r maha,Nebraska 68183-0110
�® '�f[YC �! o (402)444-5200
o�0 A. (402)444 5150
oq'� ��yro C 1 T I C L E R`K Telefax(402)444-6140
FD FEBR February 2Q, 2001 0 N A ,S"�
Robert C.Peters
City of Omaha Acting Director
Hal Daub,Mayor
Honorable President
and Members of the City Council,
The attached proposed Resolution amends a subrecipient Agreement approved on September 15,
1998 by Resolution 2544 between the City of Omaha and Mercy Housing Midwest, a Nebraska
Non-Profit Corporation, 7262 Mercy Road, Suite 102, Omaha, NE 68124, for fiscal year 1997
Continuum of Care Supportive Housing Funding in the amount of$172,880.00 (Fund 190, Grant
• Number NE 26B970101, Agency 200, Organization 8013). These funds are used for the
provision of safe and affordable housing, case management, and supportive services for homeless
families with children to assist them in transitioning from homelessness to a greater degree of
self-sufficiency and independent living.
This amendment assigns all rights and obligations under the above-mentioned Agreement from
Mercy Housing Midwest to The Salvation Army, an Illinois Non-Profit Corporation, 3612
Cuming, Omaha, NE 68132 (Organization 8010). In addition, this amendment approves the
acceptance of the assignment by The Salvation Army for the Supportive Housing Grant, effective
immediately.
The Contractor(Salvation Army) has on file a current Annual Contract Compliance Report Form
(CC-1). As is City policy, the Human Relations Director will review the Contractor to ensure
compliance with the Contract Compliance Ordinance.
We urge your favorable consideration of this Resolution.
Sincerely, to CO ounc. fo Consider tion
/7/ z- Z . 1gze /6 v1
Robert C. Peters, Acting Director Date Mayor's Office/Title (as Date
Planning Department MS
. Approved as to Funding: Approved:
.7 /7714:44/-k2 -2/7/0/ 442-1b2-;--QAAtA,- L--0\..
Stanley P. Ti Date Kellie Paris-Asaka ate
Acting Finance Director �i, Human Relations Director
P:\PLNI\10765skz.doc
ALL/
AMENDMENT
THIS AMENDMENT is to the Agreement approved by the City Council on September
15, 1998, by Resolution 2544, and is made and entered into by and between the City of Omaha,
a Municipal Corporation in Douglas County, Nebraska (sometimes hereinafter referred to as
"City") and Mercy Housing Midwest, 7262 Mercy Road, Suite 102, Omaha, Nebraska 68124, a
Nebraska non-profit corporation„ (sometimes hereinafter referred to as "Contractor"). It is the
intention of the parties that this Amendment relate back to the original Agreement.
RECITALS:
WHEREAS, the City of Omaha is a municipal corporation located in Douglas County,
Nebraska, and is organized and exists under the laws of the State of Nebraska, and is authorized
and empowered to exercise all powers conferred by the State constitution, laws, Home Rule
Charter of the City of Omaha, 1956, as amended, and local ordinances including, but not limited
to, the power to contract; and,
WHEREAS, on April 8, 1997, the U.S. Department of Housing and Urban Development
published in the Federal Register a Notice of Funding Availability for Continuum of Care
Homeless Assistance designed to help communities develop Continuum of Care systems to assist
homeless persons; and,
WHEREAS, Continuum of Care Homeless Assistance funding is designed to create
community systems for combating homelessness; and,
WHEREAS, the Omaha Area Continuum of Care for the Homeless is comprised of
organizations providing shelter and services to homeless individuals and families on an area-
wide basis; and,
WHEREAS, the City of Omaha undertook an inclusive community process for
developing and implementing a Continuum of Care strategy which included participation of the
membership of the Omaha Area Continuum of Care for the Homeless; and,
WHEREAS, the City of Omaha developed and submitted to the U.S. Department of
Housing and Urban Development a consolidated application with the Stephen Center, Inc.,
Mercy Housing Midwest, The Salvation Army, the Siena/Francis House, and the Family Service
of Greater Omaha, for Continuum of Care Supportive Housing assistance; and,
WHEREAS, on February 12, 1998, the U.S. Department of Housing and Urban
Development notified the City of Omaha (Recipient) of the selection of its consolidated
application for funding under the Fiscal Year 1997 Supportive Housing Program; and,
WHEREAS, the U.S. Department of Housing and Urban Development has awarded
Supportive Housing funds in the amount of $172,880.00 to Mercy Housing Midwest and has
assigned NE26B970101 as the grant agreement number for the Mercy Housing Midwest project;
and,
WHEREAS, the Recipient desires to change the project sponsor for Supportive Housing
Grant NE26B970101 from Mercy Housing Midwest (Organization 8013) to the Salvation Army
(Organization 8010); and,
WHEREAS, Mercy Housing Midwest desires to assign all of their rights and obligations
under the Agreement for Supportive Housing Grant NE26B970101 to The Salvation Army; and,
WHEREAS, The Salvation Army wishes to accept the assignment for Supportive
Housing Grant NE26B970101; and,
WHEREAS, HUD has reviewed the initial application and the proposed transfer and has
determined that, with the transfer, the application ranking would have been high enough to have
been competitively selected in the year the application was initially selected; and,
WHEREAS, the need for assistance for homeless persons continues within the
jurisdiction within which the project is located and the need for the project continues; and,
WHEREAS, HUD has reviewed the project and the performance of the Recipient and has
determined that the project is worthy of continuation; and,
WHEREAS, HUD and the Recipient have agreed to amend the Grant Agreement to
change the sponsor of the project from Mercy Housing Midwest to the Salvation Army; and,
WHEREAS, Supportive Housing assistance for Omaha's Continuum of Care programs
will help provide a much needed comprehensive approach to develop and implement housing
and service delivery programs to help homeless individuals and families move to permanent
living and self-sufficiency to the extent possible.
NOW, THEREFORE, in consideration of these mutual covenants, Mercy Housing
Midwest, The Salvation Army and the City of Omaha do hereby agree as follows:
The Grant Agreement is hereby changed by amending SECTION 1: DEFINITIONS -
ABBREVIATIONS to read as follows:
1.5 "Subrecipient" shall mean - a public or private non-profit agency, authority or
organization receiving Continuum of Care Homeless Assistance Supportive
Housing funds to undertake eligible activities. In this Agreement, the subrecipient
is The Salvation Army, an Illinois Non-Profit Corporation, 3612 Cuming, Omaha,
NE 68132.
The effective date of this amendment is the date of passage by the City Council of the City of
Omaha.
THAT, the remainder of the Agreement approved on September 15, 1998 by Resolution
2544 shall be and hereby is in full force and effect.
2@,/
-
IN WITNESS WHEREOF, the parties have executed this Amendment to the Agreement
as of the dates indicated below.
r
:TT;: : : ITYOFOMAHA
AYOR OF THE CITY OF OMAHA
WTTNE3: , MERCY HOUSING MIDWEST,
a Nebraska Non-Profit Corporation
By:,
L. oplit
Sister Carolyn Coff y, Execlu ve Director
- 6--0/ .461O,
Date Date
By its signature affixed below, The Salvation Army, an Illinois Non-Profit Corporation, accepts
the Assignment and agrees to perform all the duties and obligations required by Mercy Housing
Midwest, a Nebraska Non-Profit Corporation, as specified in the Agreement approved September
15, 1998, by Resolution No. 2544.
WITNESS: THE SALVATION ARMY, a Illinois Non-
Profit Corporation
C)fric;0-,94/)
By: M.
Afri
treasurer EB
pGt,(.Ai.,( mitts/ F 12 2001
c6ate F i Z Title Richard Amick Date
Asst Treasurer
APPROVED AS TO O
- .2- 7 ..qUo/
ASSISTANT CITY ATTORNEY D
P:\PLN l\10767skz.doc
•
- 3
` c-ZSA;; CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr September 19 98
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, on April 8, 1997, the U.S. Department of Housing and Urban
Development published in the Federal Register a Notice of Funding Availability for Continuum of
Care Homeless Assistance designed to help communities develop Continuum of Care systems to
assist homeless persons; and,
WHEREAS, Continuum of Care Homeless Assistance funding is designed to create
community systems for combating homelessness; and,
WHEREAS, the Omaha Area Continuum of Care for the Homeless is comprised of
organizations providing shelter and services to homeless individuals and families on an area-wide
basis; and,
• WHEREAS, the City of Omaha undertook an inclusive community process for
developing and implementing a Continuum of Care strategy which included participation of the
membership of the Omaha Area Continuum of Care for the Homeless; and,
WHEREAS, the City of Omaha developed and submitted to the U.S.Department of
Housing and Urban Development a consolidated application with the Stephen Center, Inc., Mercy
Housing Midwest,The Salvation Army,the Siena/Francis House, and the Family Service of Greater
Omaha,for Continuum of Care Supportive Housing assistance; and,
WHEREAS, on February 12, 1998, the U.S. Department of Housing and Urban
Development notified the City of Omaha of the selection of its consolidated application for funding
under the Fiscal Year 1997 Supportive Housing Program; and,
WHEREAS,the U.S. Department of Housing and Urban Development has awarded
Supportive Housing funds in the amount of $172,880.00 to Mercy Housing Midwest and has
assigned NE26B970101 as the grant agreement number for the Mercy Housing Midwest project; and,
By
Councilmember
Adopted
City Clerk
Approved
Mayor !"
e�
c-25E4 •
• CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr Septe. hex...15 ' 19..98
PAGE -2-
•
WHEREAS, Supportive Housing assistance for Omaha's Continuum of Care '
programs will help provide a much needed comprehensive approach to develop and implement
housing and service delivery programs to help homeless individuals and families move to permanent
living and self-sufficiency to the extent possible.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF OMAHA:
THAT, the attached Agreement, as recommended by the Mayor, between the City
of Omaha and Mercy Housing Midwest, 7262 Mercy Road, Suite 102, Omaha,Nebraska 68124, a
Nebraska non-profit corporation,for Supportive Housing funding in the amount of$172,880.00 for
the purpose of providing safe and affordable housing, case management, and supportive services for
homeless families with children to assist them in transitioning from homelessness to a greater degree
of self-sufficiency and independent living,is hereby approved. Funds in the amount of$172,880.00
shall be paid from the Continuum of Care Supportive Housing Grant No.NE26B970101,Fund No.
190.
APPROVED AS T ORM:
ASSI ANT CITY ATTORNEY DATE
P:\PLN3\6258.SAP
I hereby certify that the foregoing is a true
and correct copy of the original document
now on file in the ' J ci rk s r ce.
By.
Councilmember CITY CLERK
Adopted
SEP 998 `7 BY
Approved
Mayor ••'`_-,
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44
AGREEMENT
THIS AGREEMENT is entered into by and between the City of Omaha, a Municipal
Corporation in Douglas County,Nebraska(sometimes hereinafter referred to as "City") and Mercy
Housing Midwest, a Nebraska Non-Profit Corporation, 7262 Mercy Road, Suite 102, Omaha,NE
68124 (sometimes hereinafter referred to as "Contractor") on the terms, conditions and provisions
as set forth below:
RECITALS:
WHEREAS, the City of Omaha is a municipal corporation located in Douglas County,
Nebraska, and is organized and exists under the laws of the State of Nebraska, and is authorized and
empowered to exercise all powers conferred by the State constitution, laws, Home rule Charter of
the City of Omaha, 1956, as amended,and local ordinances including, but not limited to,the power
to contract; and,
WHEREAS, on April 8, 1997, the U.S. Department of Housing and urban Development
published in the Federal Register a Notice of Funding Availability for Continuum of Care Homeless
Assistance designed to help communities develop Continuum of Care systems to assist homeless
persons; and;
WHEREAS, the Omaha Are Continuum of Care for the Homeless is comprised of
organizations providing shelter and services to homeless individuals and families on an area-wide
basis; and,
WHEREAS,the City of Omaha undertook an inclusive community process for developing
and implementing a Continuum of Care strategy which included participation of the membership of
the Omaha Area Continuum of Care for the Homeless; and,
WHEREAS,the City of Omaha developed and submitted to the U.S.Department of Housing
and Urban Development a consolidated application with the Stephen Center, Inc., Mercy Housing
Midwest, The Salvation Army,the Siena/Francis House, and the Family Service of Greater Omaha;
and,
WHEREAS,on February 12, 1998,the U.S.Department of Housing and Urban Development
notified the City of Omaha of the selection of its consolidated application for funding under the
Fiscal Year 1997 Supportive Housing Program; and,
WHEREAS, the U.S. Department of Housing and Urban Development has awarded
Supportive Housing funds in the amount of $172,880.00 to Mercy Housing Midwest and has
assigned NE26B97101 as the grant agreement number for the Mercy Housing Midwest project;and,
WHEREAS, Supportive Housing assistance for Omaha's Continuum of Care programs will
help provide a much needed comprehensive approach to develop and implement housing and service
delivery programs to help homeless individuals and families move to permanent living and self-
sufficiency to the extent possible.
1.11 "Application" shall mean-the Mercy Housing Midwest application submission, on
the basis of which the SHP Funds were approved by HUD, including any
certifications and assurances and any information or documentation required to meet
any SHP Funds conditions. The "Application" is contained in Exhibit "B",
incorporated herein by this reference.
1.12 "Continuum of Care" shall mean - the coordinated and responsive network of
programs and services providing emergency,transitional, and supportive shelter and
supportive services to the Omaha area's homeless individuals and families, or near
homeless individuals and families.
SECTION 2. DUTIES AND CONDITIONS OF CITY FINANCING
2.1 Subject to and conditioned upon actual receipt of same, the City agrees to make
available to the Contractor One Hundred Seventy-two Thousand Eight-Hundred
Eighty Dollars ($172,880.00)in SHP Funds, Fund NE26B970101, for the purposes
set forth in this Agreement, and as detailed in Exhibit "C" Scope of Work,
incorporated herein by this reference.
2.1.1 City funding pursuant to this Section shall be contingent upon receipt of and
subject to the availability of SHP funds in amounts adequate to meet any
contractual obligations in force upon the date of execution of the Agreement
as well as this proposed obligation. Should adequate funding not be
available,the City shall notify the Contractor as soon as reasonably possible.
At this time, the responsibilities of the Contractor under Section 3 of this
Agreement shall be released,the provisions of Section 5, Paragraph 5.10 will
be exercised and the Agreement will be terminated.
2.1.2 Reimbursement shall be on a monthly basis for the attached budget line item
expenditures. Payments shall be made on the basis of monthly requests for
payment and shall be reimbursements for actual expenditures. The annual
Operating Budget is attached as Exhibit "D".
2.1.3 Monthly billing will be submitted the Director by Mercy Housing Midwest
with the monthly progress report. The monthly bill and progress report is due
not later than thirty (30) days following each monthly reporting period.
2.1.4 The City shall review and monitor the required monthly reports that identify
the progress/accomplishments of Mercy Housing Midwest on the activities
included in this Agreement and on contracts entered into with third parties
pursuant thereto.
2.1.5 The City shall prepare monthly payment vouchers for Mercy Housing
Midwest based upon the Contractor's monthly progress report and request for
payment.
-3-
3.6 The Contractor specifically hereby states, agrees and certifies that it is familiar with
the limited purpose set forth in the Federal Laws, Rules and Regulations, and in the
laws of the State of Nebraska, for which personal information requested may be used
and that the information received will be used solely for those limited purposes and
not to harass, degrade or humiliate any person. The information released shall be
used solely for the limited purpose stated, and the Contractor further agrees to
indemnify and hold harmless the City of Omaha for any liability arising out of the
improper use by the Contractor of information provided.
3.7 The Contractor shall maintain such records and accounts, including property,
personnel and financial records, as are deemed necessary by the City to assure a
proper accounting for all expenses. The Comptroller General of the United States of
America or any duly authorized representatives, or any duly authorized
representatives of the City of Omaha, as approved by the Planning Director, shall
have access to any books,documents,papers,records and accounts of the Contractor
or subcontractors which are directly pertinent to this undertaking for the purpose of
making audit, examination, excerpts and transcriptions. Such records and accounts
shall be retained for five years from the contract period completion. Any contract
entered into by the Contractor with any Subcontractors shall include this Section to
ensure said access.
3.7.1 The Contractor shall keep any records and make any reports (including those
pertaining to race,ethnicity, gender,and disability status data)that HUD may
require within the time frame required.
3.8 The Contractor shall provide an annual assurance, in writing to the Director, for each
year SHP Funds are received that the project will be operated for the purpose
specified in the Application.
3.9 The Contractor shall conduct an ongoing assessment of the supportive services
required by the residents of projects and the availability of such services, and make
adjustments as appropriate.
3.10 The Contractor shall provide for the consultation and participation of not less than
one homeless person or formerly homeless person on the board of directors or an
equivalent policy making entity of the Contractor, to the extent that such entity
considers and makes policies and decisions regarding any project, services, or
assistance provided pursuant to this Agreement.
3.10.1 This requirement may be waived, in writing by HUD, if the Contractor is
unable to meet it and presents an acceptable plan to otherwise consult with
homeless or formerly homeless persons in considering and making such
policies and decisions.
- _
5.7 Modification. This Agreement contains the entire agreement of the parties. No
representations were made or relied upon by either party other than those that are
expressly set forth herein. No agent,employee,or other representative of either party
is empowered to alter any of the terms herein unless done in writing and signed by
an authorized officer of the respective parties, pursuant to Section 10-142 of the
Omaha Municipal Code.
5.8 Assignment. The Contractor may not assign its rights or obligations under this
Agreement without the express prior written consent of the City.
5.9 Strict Compliance. All provisions of this Agreement and each and every document
that shall be attached shall be strictly complied with as written, and no substitution
or change shall be made except upon written direction from authorized
representatives of the parties.
5.10 Termination. This Agreement may be terminated by either party upon thirty (30)
days written notice to the'other party. Said notice shall be given when received by
certified mail at the other parry's usual place of business. This Agreement may also
be suspended or terminated in accordance with 24 CFR 85.43; Enforcement or
24 CFR 85.44,Termination for Convenience(Exhibit"H"). Upon termination of this
Agreement all funds and interest in any account hereunder shall become the property
of the City and shall be returned to the City.
5.11 Indemnification. The Contractor shall indemnify and hold the City harmless from
and against: (1)any and all claims arising from contracts between the Contractor and
third parties made to effectuate the purposes of this Agreement; and, (2) any and all
claims, liabilities or damages arising from the preparation or presentation of any of
the work covered by this Agreement.
5.12 Nebraska Law. This Agreement shall be a contract made under and governed by the
• laws of the State of Nebraska.
5.13 Unenforceable Provisions. Any provision of this Agreement which is prohibited or
unenforceable in any jurisdiction shall, as to such jurisdiction, be ineffective to the
extent of such prohibition of enforceability without invalidating the remaining
provisions hereof or affecting the validity or enforceability of such provision in any
other jurisdiction.
5.14 Disclosure of Lobbying. The Contractor shall certify and disclose,to the best of its
knowledge and belief, that:
(a) No Federal appropriated funds have been paid or will be paid,by or on behalf
of the undersigned, to any person for influencing or attempting to influence
an officer or employee of Congress,or an employee of a Member of Congress
in connection with the awarding of any Federal contract,the making of any
-7-
(2) Sr. Carolyn Coffey
Regional President
7262 Mercy road, Suite 102
Omaha,NE 68124
IN WITNESS WHEREOF,the parties have executed this Agreement as of the dates indicated
below.
ATTEST: CITY OF •
CI Y ERK OF THE CITY OF OMAHA MAY R OF THE CITY OF OMAHA
WITNESS: MERCY HOUSING MIDWEST, a Nebraska
Non-Profit Corporation
Get Vedgclr A/ pill(
Sr. Carolyn Coffey, egional est ent
�3� •9� 7-10- yY
Date Date
APPROVED TO FORM:
e(lehti e-(7- /
SI ANT CITY ATTORNEY "
P:\PLN3\6259.SAP
-9-
C-25A - CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr February 27, 2001
RESOLVED BY THE CITY COUNCIL OF THE CITY OF OMAHA:
WHEREAS, on April 8, 1997, the U.S. Department of Housing and Urban
Development published in the Federal Register a Notice of Funding Availability for Continuum
of Care Homeless Assistance designed to help communities develop Continuum of Care systems
to assist homeless persons; and,
WHEREAS, Continuum of Care Homeless Assistance funding is designed to
create community systems for combating homelessness; and,
WHEREAS, the Omaha Area Continuum of Care for the Homeless is comprised
of organizations providing shelter and services to homeless individuals and families on an area-
wide basis; and,
WHEREAS, the City of Omaha undertook an inclusive community process for
developing and implementing a Continuum of Care strategy which included participation of the
membership of the Omaha Area Continuum of Care for the Homeless; and,
WHEREAS, the City of Omaha developed and submitted to the U.S. Department
of Housing and Urban Development a consolidated application with the Stephen Center, Inc.,
Mercy Housing Midwest, The Salvation Army, the Siena/Francis House, and the Family Service
of Greater Omaha, for Continuum of Care Supportive Housing assistance; and,
WHEREAS, on February 12, 1998, the U.S. Department of Housing and Urban
Development notified the City of Omaha (Recipient) of the selection of its consolidated
application for funding under the Fiscal Year 1997 Supportive Housing Program; and,
WHEREAS, the U.S. Department of Housing and Urban Development has
awarded Supportive Housing funds in the amount of $172,880.00 to Mercy Housing Midwest
and has assigned NE26B970101 as the grant agreement number for the Mercy Housing Midwest
project; and,
WHEREAS, the Recipient desires to change the project sponsor for Supportive •
Housing Grant NE26B970101 from Mercy Housing Midwest (Organization 8013) to the
Salvation Army (Organization 8010); and,
WHEREAS, Mercy Housing Midwest desires to assign all of their rights and
obligations under the Agreement for Supportive Housing Grant NE26B970101 to The Salvation
Army; and,
By
Counci!mem ber
Adopted
City Clerk
Approved
Mayor
•
C-254 CITY OF OMAHA
LEGISLATIVE CHAMBER
Omaha,Nebr February 21, 2001
PAGE 2
WHEREAS, The Salvation Army wishes to accept the assignment for Supportive
Housing Grant NE26B970101; and,
WHEREAS, HUD has reviewed the initial application and the proposed transfer
and has determined that, with the transfer, the application ranking would have been high enough
to have been competitively selected in the year the application was initially selected; and,
WHEREAS, the need for assistance for homeless persons continues within the
jurisdiction within which the project is located and the need for the project continues; and,
WHEREAS, HUD has reviewed the project and the performance of the Recipient
and has determined that the project is worthy of continuation; and,
WHEREAS, HUD and the Recipient have agreed to amend the Grant Agreement
to change the sponsor of the project from Mercy Housing Midwest to the Salvation Army; and,
WHEREAS, Supportive Housing assistance for Omaha's Continuum of Care
programs will help provide a much needed comprehensive approach to develop and implement
housing and service delivery programs to help homeless individuals and families move to
permanent living and self-sufficiency to the extent possible.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF OMAHA:
THAT, the attached Amendment to the Agreement approved on September 15,
1998 by Resolution 2544, as recommended by the Mayor, between the City of Omaha and
Mercy Housing Midwest, 7262 Mercy Road, Suite 102, Omaha, Nebraska 68124, a Nebraska
non-profit corporation, assigning all rights and obligations under the above Agreement from
Mercy Housing Midwest (Organization 8013) to The Salvation Army (Organization 8010) is
hereby approved. Funds in the amount of$172,880.00 shall be paid from the Continuum of Care
Supportive Housing Grant NE26B970101 (Fund 190, FY 1997, Agency 200). •
BE IT FURTHER RESOLVED THAT,the acceptance of this Assignment by The
Salvation Army for the Supportive Housing Grant, effective immediately, is hereby approved.
P:\PLNI\Io766skz.doc APPROVED AS TO FORM:
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17;161_,e
By Couircilmember CITY ATTORNEY TE
Adopted FEBs-- 2,7 2001 6-D
- :'City erk
Approved.
Mayor
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