Ordinance 025-2000
Contractors Examining Board
ORDINANCE NO 025 -2000
AN ORDINANCE OF THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA, AMENDING SEC. 6-66, MONROE COUNTY CODE, IN ORDER
TO CLARIFY CERTAIN PROHIBITED ACTS OF CONTRACTORS - FINANCIAL
MISMANAGEMENT, ABANDONING A PROJECT, AIDING AND ABETTING
UNLICENSED PERSONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR
THE REPEAL OF ALL ORDINANCES INCONSISTENT HEREWITH; PROVIDING
FOR INCORPORATION INTO THE MONROE COUNTY CODE OF ORDINANCES;
AND PROVIDING AN EFFECTIVE DATE
BE IT ORDAINED BY THE BOARD OF COUNTY COMMISSIONERS OF MONROE
COUNTY, FLORIDA:
Section 1. Section 6-66(7), MCC is hereby amended to read as follows:
(7) Commit mismanagement or misconduct in the practice of contracting that
causes financial harm to a customer. Financial mismanagement or misconduct occurs
when:
(a) Valid liens have been recorded against the property of a contractor's
customer for supplies or services ordered by the contractor for the customer's job;
the contractor has received funds from the customer to pay for the supplies or services;
and the contractor has not had the liens removed from the property, by payment or by
bond, within 75 days after the date of such liens;
(b) The contractor has abandoned a customer's job and the percentage of
completion is less than the percentage of the total contract price paid to the contractor
as of the time of abandonment, unless the contractor is entitled to retain such funds
under the terms of the contract or refunds the excess funds within 30 days after the
date the job is abandoned; or ~
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(c) The contractor's job has been completed, and it is shown ~~~e~ ;:::::
customer has had to pay more for the contracted job than the original contract~~~ a~ n,
adjusted for subsequent change orders, unless such increase in costs was th~~t 01\) ~
circumstances beyond the control of the contractor, was the result of circ~at:lceEO c
caused by the customer, or was otherwise permitted by the terms of t~~ra~ ~
between the contractor and the customer. r"F.( ~ \9 ~
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Section 2. Section 6-66(2), MCC is hereby amended to read as follows: \0' gg
(2) Abandon a construction project in which the contractor is engaged or under
contract as a contractor. A project may be presumed abandoned after 90 days if the
contractor terminates the project without just cause or without proper notification to the
owner, including the reason for termination, or fails to perform work without just cause
for 90 consecutive days.
Section 3.
Section 6-66(8), MCC is hereby amended to read as follows:
(8) (a) Perform any act with assists a person or entity in engaging in the
prohibited uncertified and unregistered practice of contracting, if the certificate holder or
registrant knows or has reasonable grounds to know that the person or entity was
uncertified and unregistered.
b) To knowingly combine or conspire with an uncertified or unregistered
person by allowing his or her certificate, registration, or certificate of authority to be
used by the uncertified or unregistered person with intent to evade the provisions of this
chapter. When a certificate holder or registrant allows his or her certificate or
registration to be used by one or more business organizations without having any active
participation in the operations, management, or control or such business organizations,
such act constitutes prima facie evidence of an intent to evade the provisions of this
chapter.
Section 4.
If any section, subsection, sentence, clause or provision of this ordinance is held
invalid, the remainder of this ordinance shall not be affected by such invalidity.
Section 5.
All ordinances or parts of ordinances in conflict with this ordinance are hereby
repealed to the extent of said conflict.
Section 6.
The provisions of this ordinance shall be included and incorporated in the Code
of Ordinances of the County of Monroe, Florida, as an addition or amendment thereto, and shall be
appropriately renumbered to conform to the uniform numbering system of the Code.
Section 7.
This ordinance shall take effect immediately upon receipt of official notice from
the Office of the Secretary of State of the State of Florida that this ordinance has been filed with said
Office.
PASSED AND ADOPTED by the Board of County Commissioners of Monroe County, Florida,
at a regular meeting of said Board held on the 16th day of March, 2000.
Mayor Shirley Freeman
Commissioner Wilhelmina Harvey
Commissioner George Neugent
_ ..'<'Sommissioner Mary Kay Reich
/ - ~,CO~issioner Nora Williams
( "I~EP,L)\
\:?7NrL~
b~~~,em
jordicontnono
APPROVED AS TO FORM
AND L SUFF1CIE
yes
yes
yes
yes
yes
BOARD OF COUNTY COMMISSIONERS
::~r::;~~
Mayor/Chairperson
BY
f'ATE
,..
D4?3
KElQWEST
ITIZEN
3420 Northside Drive
Key West Fl. 33040
Office 305-294-664:1 Fax 305-294-0768
Published Daily
Key West, Monroe County, Florida 33040
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson, who on oath
says that he is director of the Advertising Department of the Key West Citizen, a daily
newspaper published in Key West, in Monroe County, Florida; that the attached copy of
vertiseptent, being a legal noti~.in the matter of
- "---.:. r
~ /1S-~
Court, was-published-insaidnewspaper in the issues of
~ Y\JVM fYV.. 3 t ~CXX)
Affiant further says that the Key West Citizen is a newspaper published in Key West, in
said Monroe County, Florida and that the said newspaper has heretofore been
continuously published in said Monroe County, Florida each day (except Saturdays) and
has been entered as second-class mail matter at the post office in Key West, in said
Monroe County, Florida, for a period of 1 year next preceeding the first pub~ation ~
the attached copy of advertisement; and affiant further says that he has neith~pajl nc1?
promised any person, firm or corporation any discount, rebate, commission or ~~ fc;
the purpose of securing this advertisement for publicatio in the sa' newspap~?=;:: "
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NOTICE OF INTENTION TO CON-
SlOEH- ADOPTION OF COUNTY
ORDINANCE
NOTICE IS HEREBY GIVEN .TO
WHOM IT MAY CONCERN that on
WednesdaY, March 15, 2000 at 3:00
PM at the Marathon . Government
Center, 2798 Overseas Highway,
Marathon, Monroe County, Florida.
The Board of County Commissioners
of Monroe County Intends to consid-
er the adoption of the following
County ordinance:
AN ORDINANCE OF THE BOARD
OF COUNTY COMMISSIONERS OF
MONROE COUNTY, FLORIDA,
AMENDING SEC. 6-66, MONROE
COUTNY CODE, IN ORDER TO
CLARIFY CERTAIN PROHIBITED
ACTS OF CONTRACTORS - FI-
NANCIAL MISMANAGEMENT,
ABANDONING A PROJECT"AID-
ING AND ABETTING UNLICENSED
PERSONS; PROVIDING FOR SEV-
ERABILITY; PROVIDING FOR THE
REPEAL OF ALL ORDINANCES IN-
CONSI$TENT HEREWITH; PRO-
VIDING FOR INCORPORATION IN-
TO THE MONROE COUNTY CODE
OF ORDINANCES; AND PROVID-
INGAN EFFECTIVE DATE.
Pursuant to Section 286.0105, Flori-
da Statutes notice is given that if a
p~sOn decides to. appeal any deci-
sion made by the Board with respect
to any matter considerEld at the hear-
ing, he wilt need a record of the pro-
ceedings, and that for such purpose,
he may need to ensure that a verba-
tim record of the proceedings is
made, which record includes the evi-
dence upon which the appeal is to
lbe.~d.(}' ..'"
Coi>fes'ot,the 8Qolie-referenceclo(di-
inaHc&'.cu:e' a\(allable for review ~the.'
various public libraries in Monroe
County, Florida.
Dated at Key West, Florida, this 18th
day of December 1999.
DANNY L. KOLHAGE, Clerk of the
Circuit Court and ex-officio Clerk of
the Board of County Commissioners
of Monroe County, Florida.
Feb.25Ch & Mar. 3, 2000
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,___----------
NO.9507400
THE - ( 'NOTICE OF INTENTION
TO CONSIDER
,` Your Upper Keys Connection ADOPTION OF
,tl PORTER COUNTY ORDINANCE !
NOTICE IS HEREBY- ;
P.O. Box 1197•Tavernier,Florida 33070-1197 GIVEN TOWHOMIT
(305)852-3216 Fax: (305)852-8240 MAY CONCERN that on
Wednesday,March 15, `.
2000,at 3:00 PM at the
PROOF OF PUBLICATION Marathon Government
Center,2798 Overseas ;
Highway,Marathon, ,
'Monroe County,Florida, ;
STATE OF FLORIDA ,the Board of County ;
COUNTY OF MONROE ,r FloridaCommissioners f Mon
roe County,Flori in-
tends to consider the :
Before the undersigned authority 'adoption of the following
personally appeared JACKLYN R. 'County ordinance: ;
HARDER who on oath, says that she is
ASSOCIATE PUBLISHER of THE THEBOARDOFCOl1N-
REPORTER, a weekly newspaper entitledO TY COMMISSIONERS::.
to publish legal advertising published at ;FLORIDAAMEND AMENDING COUNTY,NROE
Tavernier, Monroe County, Florida: that \SEC.6-66.MONROE
COUNTY CODE,IN OR
the attached copy of advertisement, being DER TO CLARIFY CER
a LEGAL NOTICE in said newspaper in the TAIN PROHIBITED
issue •
of: ACTS OF CONTRACT i
TORS-FINANCIAL
MISMANAGEMENT,
ABANDONING A '
'PROJECT,AIDING
February 24 & March 2, 2000 AND:ABETTING UNLIT ;
'CENSED PERSONS; ,
'INCORPORATION; '
Affiant further says that THE REPORTER 'PROVIDING FORSEV-
•ERABILITY;PROVID- t
is a newspaper published at Tavernier, in ING FOR THE REPEAL
'
said Monroe County, Florida, and that the OF ALL ORDINANCES ,
INCONSISTENT HERE-,
said newspaper has heretofore been ,WITH;PROVIDING'FOR
continuously published in the said -INCORPORATION
INTO THE MONROE
Monroe County, Florida, each week (on ,COUNTY CODE OF Oki
Thursday), and has been entered as ;DINANCES;AND PRO
second class mail � matter at the Post VIDINGAN EFFECTIVE
,
DATE w
Office in Tavernier, in said County of `�
Monroe, Florida, for aperiod of oneyear /Pursuant to Section=
I-286.0105,Florida
next preceding the first publication of the 'Statutes,notice iv en O ,
attached copy of advertisement; and I that if a person de®desA' o {��
appeal any decisg15 l
affiant further says that he has neither 'made by the Boa••; ' -� 1-1
paid nor promised any firm, person, or respect tedatth • -� - =7
considered at the -t- p l
corporation any discount, rebate, ;ing,he-will need td `: p d
commission or refund for the purpose of ,of the proceedinegid,z .
r
securing this advertisement for that,for such pu
'mayneedtoensu at, -: �
publication in the said newspaper and that a verbatim record e,
o
i proceedings is rr���e, O
The Reporter is in full compliance with i which record indiodes I tv .
Chapter 50 of the Florida State Statutes on testimony and rdence -, 8.4 ,c)
'upon which the appeal is
Legal and Official Advertisement..
. ,to be based.
Copies of the above-ref- '
// 'erenced ordinance are
OA
aig / /�aila
kill// "available for review at the .
'various public libraries in
i Monroe County,Florida. f
SW to and : bscribed before me this
I
DatedatKeyWest,Floriy of - - 2000. Ida,this 18th day of Feb
/ ;wary,2000.
.w �., Anna M Hines
(S L) ,, �*My Commission CC715804 ' DANNY L.KOLHAGE,,
Clerk of the Circuit Court
''.,,no."Exp' s March ,2002 and ex officio Clerk of the
Board of County
Commissioners of i
Monroe County,Florida.
i PUBLISHED 2/24&
Notary ' 3/2/2000
ry 'The Reporter
JL
Tavernier,FL 33070
®FLf3RIPA K Ti imaii
KEYNOTER
Published Twice Weekly
Marathon, Monroe County, Florida
• PROOF OF PUBLICATION lb
STATE OF FLORIDA
COUNTY OF MONROE
of County Commissioners of�,
Before the undersigned authority person- no.0213600 MonroeCounty,Florida
ally appeared WAYNE MARKHAM who On -NOTICE OF INTENTION TO -Publish February 26,March 4,
CONSIDER ADOPTION OF F orda Keys Keynoter
oath, says that he is PUBLISHER of the COUNTY ORDINANCE ,
FLORIDA KEYS KEYNOTER, a twice NOHTIIMIIS HEREBY T MAY CONGIVE hat -
weeklyekly newspaper published in Marathon, on Wednesday, March 15,
2000,at 3:00 PM at the Mara-
in Monroe County, Florida: that the thon Government Center,2798
' Overseas Highway, Marathon,
attached copyof advertisement was Monroe County, Florida, the
Board of County Commission-
published in said newspaper in the issues ers of Monroe County, Florida,
intends to consider the adop-
of: (date(s) of publication) tion of the following County or-
dinance:
Jihy �/ ORDINANCE 'OF THE
(�{J/, / BOARD OF COUNTY COMMIS-
SIONERS/(r{J OF MONROE.COUN-
TY,FLORIDA;AMENDING SEC.
6-66, MONROE COUNTY,
N.', L/, Xin CODE,IN ORDER CLARIFY'
CODE, N PROHIBITED ACTS
OF CONTRACTORS - FINAN,
CIAL MISMANAGEMENT,I
ABANDONING A PROJECT,;
Affiant further says that the said FLORIDA IGANDE ABETTING UNLI-
CENSED -
KEYS KEYNOTER is a newspaper published ING FOR SEVERABILITY;PRO-I,VIDING FOR THE REPEAL OFF
at Marathon, in said Monroe County, ALL ORDINANCES INCONSIS-
TENT HEREWITH; PROVIDING CD
Florida, and that the said newspaper has FOR INCORPORATION•INTO OF ORDINANCES; AND PRO-
VIDING _
THE MONROE COUNTY CODE CD
•
�, ;: T T—
heretofore been continuously published in VIDINGANEFFECTIVEDATE. qr- : It I"!
said Monroe County, Florida, twice each Pursuant to Section 286.0105, rrl —C CD
Flweek (on Wednesday and Saturday) and that
if St on;notice is given- n• -�
that if a person decides to ap-
peal O(';
peal any decision made by the C--- Cb 0
has been entered as a second class mail Board with respect to any mat- --,.
ter considered at the hearing,he _y « 'Zj
matter at the post office in Marathon, in will need a record of the pro- hr" W
• ceedings,and that,for such pur- :'_. • rri
Monroe County, Florida, or a period of pose, he may need to ensure Yr N h
that a verbatim record of the
oneyear next precedingthe first proceedings is made,which re- r' CD
cord includes the testimony and r� r*7 u7 33 .
publication of the attached copy of evidence upon which the appeal ."/ 0
is to based.
advertisement. The affiant further says Copies of the above-referenced
that he has neither paid nor promised any ordinance are available for re-
view at the various public librar-
ies in Monroe County,Florida.
person, firm, or corporation any discount, I'Dated at Key West,Florida,this
rebate, commission or refund for the 18thdayofFebruary,2000.
pur of securingthis advertisement for DANNYL.KOLHAGE,,
pose Clerk of the Circuit Court
publication in the said newspaper(s) and and Pv nffirin Clark of the Rnarrt
that The Florida Keys Keynoter is in full Continued on the. .
y y ,Next Column, .,
compliance with Chapter 50 of the Florida ~ __-_ - -
State Statutes on Legal and Official
Advertisements.
b(14,4 AR /t/./'--------
Sworn o nd s crl ed before me
this ay o "��., ,,TA_ , 2000 •
(SEAL)
Oil }ft-
F� BEVERLY TRAECI�Jt
A / Ca m BP.W1 /P�9
o.CC 0 2
/Py(
Nrearm c1 Mc i.®.
10t-~
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3420 Northside Drive
KEYJWEST
ITIZEN
Office 305-294-6641 Fax 305-294-0768
Published Daily
Key W est, ~{onroe County, Florida 33040
STATE OF FLORIDA
COUNTY OF MONROE
Before the undersigned authority personally appeared Randy G. Erickson, who on oath
says that he is director of the Advertising Department of the Key West Citizen, a daily
newspaper published in Key West, in Monroe County, Florida; that the attached copy of
vertis~ment, being a lega otice in the matter 0
I~ the .-- Court, was-publishedin said newspaper in the issues of
~ as-~ 0. ~J)JD;~ 3 \ ~UX)
Affiant further says that the Key West Citizen is a newspaper published in Key West, in
said Monroe County, Florida and that the said newspaper has heretofore been
continuously published in said Monroe County, Florida each day (except Saturdays) and
has been entered as second-class mail matter at the post office in Key West, in said
Monroe County, Florida, for a period of 1 year next preceeding the first publication of
the attached copy of advertisement; and affiant further says that he has neither paid nor
promised any person, firm or corporation any discount, rebate, commission or refund for
the purpose of securing this advertisement for publication in the said news aper.
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NOTICE OF INTENTION TO CON-
SIDER ADOPTION OF COUNTY
_ORDINANCE
I NOTICE- IS HEREBY GIVEN TO
WHOM IT MAY CONCERN that on
Wednesday, March 15,2000 at 3:00
' PM at the Marathon Government
Center, 2798 Overseas Highway;
Marathon, Monroe County, Florida:
The Board of County Commissioners
of Monroe County intends to consid=
er the adoption of the following
County ordinance:
AN ORDINANCE OF THE BOARD
OF COUNTY COMMISSIONERS OF
MONROE COUNTY,FLORIDA,
AMENDING SEC.6-66,MONROE
COUTNY CODE,IN ORDER TO
CLARIFY CERTAIN PROHIBITED
ACTS OF CONTRACTORS-FI-
NANCIAL MISMANAGEMENT,
ABANDONING A PROJECT,AID-
' ING AND ABETTING UNLICENSED
PERSONS; PROVIDING FOR SEV-'
ERABILITY;PROVIDING FOR THE
REPEAL OF ALL ORDINANCES IN-
CONSISTENT HEREWITH;PRO-
VIDING FOR INCORPORATION IN-
TO THE MONROE COUNTY CODE
OF ORDINANCES;AND PROVID- I
ING AN EFFECTIVE DATE.
Pursuant to Section 286.0105, Flori-'
da Statutes notice is given that if a
person decides to•appeal any deci- ,
sion made by the Board with respect '
to any matter considered at the hear-
ing, he will need a record of the pro-
ceedings, and that for such purpose,
he may need to ensure that a verba-
tim record of the proceedings is
made,which record includes the evi-
dence upon which the appeal is to
be based. .
Copies of the above-referenced ordi--'
'nance are available for review at the
various public libraries in Monroe _
County,Florida.
Dated at Key West, Florida,this 18th '
day of December 1999. . . ---•
• DANNY L.KOLHAGE,Clerk of the
Circuit Court and ex-officio Clerk of
the Board of County Commissioners •
of-Monroe-County,Florida. •
'Feb.25th&Mar.3, 2000
coU y. Rao
J�'C jVTA CupG e,qyf
rr Ce 'AA$
v: e. mid .' •
OF COUNT'•�yo's
ry'#.ic�.w caoa
;JDannp IL. 1&orjage
BRANCH OFFICE CLERK OF THE CIRCUIT COURT BRANCH OFFICE
3117 OVERSEAS HIGHWAY MONROE COUNTY 88820 OVERSEAS HIGHWAY
MARATHON,FLORIDA 33050 500 WHITEHEAD STREET PLANTATION KEY,FLORIDA 33070
TEL.(305)289-6027 KEY WEST,FLORIDA 33040 TEL.(305)852-7145
FAX(305)289-1745 TEL.(305)292-3550 FAX(305)852-7146
FAX(305)295-3660
March 28, 2000
Mrs. Liz Cloud, Chief
Bureau of Administrative Code&Laws
The Elliott Building
401 S Monroe Street
Tallahassee FL 32399-0250
Dear Mrs. Cloud,
Enclosed please find certified copies of the following:
Ordinance No. 023-2000 regulating motor vehicle title loan transactions; providing for
motor vehicle title loan transactions; providing definitions; providing for maximum interest rate;
providing for transaction satisfaction and default; providing for licenses; providing for violations
and penalties; providing for additional remedy to borrower; providing for private right of action;
providing for transition period for regulations, restrictions, and licensure provisions; providing for
penalties; providing for severability; providing for the repeal of all ordinances inconsistent
herewith; providing for incorporation into the Monroe County Code of Ordinances; and providing
an effective date.
Ordinance No. 024-2000 amending Sec. 2-1.1, Monroe County Code, in order to
provide that the beneficial use and vested rights Special Master may be employed as an
independent contractor as an alternative to being employed as a part-time Monroe County
employee; providing for a $500 per hearing day fee if the hearing officer elects contractor status;
providing for severability; providing for the repeal of all ordinances inconsistent herewith;
providing for incorporation into the Monroe County Code of Ordinances; and providing an
effective date.
Ordinance No. 025-2000 amending Sec. 6-66, Monroe County Code, in order to clarify
certain prohibited acts of contractors- financial mismanagement, abandoning a project, aiding and
abetting unlicensed persons; providing for severability; providing for the repeal of all ordinances
inconsistent herewith; providing for incorporation into the Monroe County Code of Ordinances;
and providing an effective date.
Danny L. Kolhage
Clerk to Circuit Court
and ex officio Clerk to the
Board of County Commissioners
by: Pamela G. Hancoc
De ty Cler
C
Cc: Board of County Commissioners Municipal Code
County Attorney Finance 024-2000
County Administrator w/o documents File
Growth Management
T
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102595-99-8-0223 Domestic Return Receipt
DIVISIONS OF FLORIDA DEPARTMENT OF STATE
Office of the Secretary
Division of Administrative Services
Division of Corporations
Division of Cultural Affairs
Division of Elections
Division of Historical Resources
Division of Library and Information Services
Division of Licensing
MEMBER OF THE FLORIDA CABINET
HISTORIC PRESERVATION BOARDS
Historic Florida Keys Preservation Board
Historic Palm Beach County Preservation Board
Historic Pensacola Preservation Board
Historic SI. Augustine Preservation Board
Historic Tallahassee Preservation Board
Historic TaIqlalHillsborough CoWlty
Preservation Board
RINGLlNG MUSEUM OF ART
FLORIDA DEPARTMENT OF STATE
Katherine Harris
Secretary of State
DIVISION OF ELECTIONS
April 5, 2000
Honorable Danny L. Kolhage
Clerk of the Circuit Court
Monroe County
500 Whitehead Street
Key West, Florida 33040
Attention: Pam Hancock, Deputy Clerk
Dear Mr. Kolhage:
Pursuant to the provisions of Section 125.66, Florida Statutes, this will acknowledge
receipt of your letter dated March 28, 2000 and certified copies of Monroe County
Ordinance Nos. 023-2000 through 025-2000, which were filed in this office on April
4, 2000.
s~~
Liz Cloud, Chief
Bureau of Administrative Code
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BUREAU OF ADMINISTRATIVE CODE
The Elliot Building . 401 South Monroe Street . Tallahassee, Florida 32399-0250 . (850) 488-8427
FAX: (850) 488-7869 . WWW Address: http://www.dos.state.t1.us . E-Mail: election@mail.dos.state.jl.us
hunicipal Cod! Corporation
i nfot.ai 1. ,Ilni code. COI
PO Bo:< 2235
Tallaha!!see~ Fl 32316-2235
SUNlll!aent 6E1
05/Q2f2()(1{)
~e havE rl!(eiv~d the followin~ .at~fial through
hard copy. ThanK you for your a;fi:;t.,ncl! and
cooperation.
OrdlnanCI! Nos. 47-!~9'3, 1In-2\IM, 023-2!){)(). 0::4-2000 nd
025-200(1.
EQO-?f.2-2633 far 950-575-8852
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I ^,.1 W "'I. rue:..,....'ut 1'.1",3"....1 :1,;"" +..~l"\,..;P'1M I!H'!,f+u~.e
TO:
Ms. Pi.ela G. K3ncock
nltlluty Clerk
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