HomeMy WebLinkAboutItem 13. Second Reading of Ordinance for 911 Marshall Farms Road
City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
STAFF REPORT
Meeting Date: April 18, 2023
Item #: 13
Contact Name: Anoch Whitfield Department Director: Michael Rumer
Contact Number: Ext. 1016 City Manager: Robert Frank
Subject: Second Reading of Ordinance for 911 Marshall Farms Road - Surujlall Property -
Annexation & Rezoning; Project No(s). AX-01-23-01 & RZ-23-01-01. (Zoning Manager Whitfield)
Background Summary:
First Reading of Ordinance: March 21, 2023
Owner/Applicant: Emma Surujlall
General Location: The property is located in Commission District 3 on the east side of Marshall Farms Road,
beginning approximately 1,040 feet north of State Road 50.
Property Size and Parcel ID No.: The property contains approximately 2.22 acres and is assigned parcel
identification number 19-22-28-0000-00-011.
Existing Site Conditions: The table below summarizes the existing conditions of the property.
Current Future Land Use
(FLU) Map Designation
Current Zoning
District
Existing Land Use Overlays/Unique Features
Commercial & Conservation
(3.0 FAR Commercial) per
JPA
A-1 Vacant with greater than 50% of site in
Conservation
Wekiva Study
Area/Conservation Area
The property is surrounded by the following: jurisdictions, Future Land Use Map designations, zoning districts
and land uses.
Direction Jurisdiction FLUM Designation Zoning District Existing Land Use
North County Commercial/Conservation per JPA A-1 Vacant & Canal
South County Commercial/Conservation per JPA A-1 Vacant
East City Conservation C-3 Conservation Area
West City Commercial C-3 Stormwater Pond
Proposed Site Conditions: The table below summarizes the applicant's request and potential development on
the subject property.
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City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
Proposed FLUM
Designation
Proposed Zoning
District
Proposed Use Proposed
Development
Standards
N/A (Site remains
Commercial &
Conservation per JPA)
City C-2 Office for truck hauling
business with private
service bay
Conventional C-2
standards
Consistency with Florida Statutes: With respect to the proposed annexation, Section 171.044, Florida Statutes
(F.S.), grants municipalities the authority to annex contiguous, compact, non-circuitous territory so long as it
does not create an enclave. The subject property is bordered on the west and east by the City's jurisdictional
limits and, as such, is contiguous to the City. Annexation of the property does not create an enclave; instead,
it furthers the City's efforts to reduce existing enclaves within the city limits.
Consistency with JPA Agreement: The property is located within the Ocoee-Orange County Joint Planning
Area (JPA) Agreement, and the proposed annexation is consistent with the terms of the JPA
Agreement. However, the requested C-2 zoning on the entire property is inconsistent with the JPA Future
Land Use Map which designates greater than half (50%) of the eastern portion of the property as
Conservation. Staff recommends a split zoning in order to protect the Conservation Area.
Consistency with Adopted Comprehensive Plan: The annexation is consistent with Future Land Use Element
(FLUE) Policy 2.5, which requires the City to consider requests for voluntary annexation when those lands are
logical extensions of the existing City limits, when services can be properly provided and when proposed uses
are compatible with the City's Comprehensive Plan, the JPA Agreement, and the City's Annexation
Policy. However, the proposed C-2 zoning district is inconsistent with FLUE Policy 1.15 which stipulates that
the City may assign an initial zoning after annexation in a manner that is consistent with both the Future Land
Use Map and the JPA Agreement. Per the JPA Future Land Use Map and Figure 3a of the City of Ocoee
Guide to the Wekiva Study Area Requirements, greater than half (50%) of the property is a designated and
protected Conservation and Wetland Area.
FLUE Objective 5 and implementing Policies 5.1 through 5.13 as well as Conservation Element Objective 4
and implementing Policies 4.1 through 4.3 require the protection of natural resources, including conservation
areas, floodplains and wetlands. Therefore, staff recommends limiting the requested C-2 zoning to only that
front portion of the site (approximately 325 feet from the west property line) that is outside of the designated
Conservation Area and classifying the remainder of the property as Unclassified in order to protect the
Conservation Area.
Access: Access will continue to be via Marshall Farms Road.
Utilities: The property will connect to an existing 6" force main and 12" water main on the northwest side of
Marshall Farms Road. The property owner/applicant has been advised that the water main is under pavement
and that connection will require an MOT (maintenance of traffic) plan and road resurfacing following
completion of the connection.
Transportation: No issues are anticipated as the property is currently designated Commercial on the Future
Land Use Map, and no land use map amendment is proposed. The commercial portion of the property is
planned for commercial uses.
Stormwater: Stormwater will be designed and engineered at the time of site plan review. Stormwater and
drainage will not be permitted to impact existing designated Conservation Area.
Schools: N/A
Public Safety: Fire service is available within 0.7 miles of the property and can be provided within a five (5)
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City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
minute response time at a 750 gpm water flow. Police service is available within 1.4 miles (Policy Patrol Zone
3) within an average 5-minute response time for non-emergency services.
An Annexation Feasibility & Public Facilities Analysis Report was completed for this property, and said report
is attached.
Issue:
Should the Honorable Mayor and City Commissioners approve the proposed ordinances for the Annexation and
Rezoning from Orange County A-1 (Citrus Rural District) to City of Ocoee C-2 (Community Commercial
District) of the Surujlall property located at 911 Marshall Farms Road?
Recommendations:
Development Review Committee (DRC) Recommendation:
The Development Review Committee met on Tuesday, February 7, 2023, to consider the application for annexation
and rezoning. Based on staff's review of the application per the requirements of the adopted Comprehensive Plan,
Land Development Code and City of Ocoee-Orange County Joint Planning Area (JPA) Agreement, the DRC made
a recommendation of approval of the proposed Annexation and Rezoning from Orange County A-1 (Citrus Rural
District) to City of Ocoee C-2 (Commumity Commercial District) subject to the condition that the C-2 zoning
classification is limited to only that front portion of the site (approximately 325 feet from the west property line) that
is outside of the designated Conservation Area and the remainder of the property will be classified as Unclassified
in order to protect the Conservation Area per FLUE Objective 5 and Conservation Element Objective 4 of the
Comprehensive Plan and Figure 3a of the Wekiva Study Area Requirements.
Planning & Zoning Commission Recommendation:
The Planning & Zoning Commission (PZC), acting as the Local Planning Agency (LPA), considered this item at is
February 14, 2023 hearing and, finding no issues, made a recommendation of approval of the proposed Annexation
and Rezoning from Orange County A-1 (Citrus Rural District) to City of Ocoee C-2 (Community Commercial District)
for the Surujlall Property located at 911 Marshall Farms Road subject to the condition that the C-2 zoning
classification is limited to only that front portion of the site (approximately 325 feet from the west property line) that
is outside of the designated Conservation Area and the remainder of the property will be classified as Unclassified
in order to protect the Conservation Area per FLUE Objective 5 and Conservation Element Objective 4 of the
Comprehensive Plan and Figure 3a of the Wekiva Study Area Requirements.
Staff Recommendation:Staff recommends that the City Commission approve ordinances for the Annexation and
Rezoning from Orange County A-1 (Citrus Rural District) to City of Ocoee C-2 (Community Commercial District) for
the Surujlall Property located at 911 Marshall Farms Road subject to the condition that the C-2 zoning classification
is limited to only that front portion of the site (approximately 325 feet from the west property line) that is outside of
the designated Conservation Area and the remainder of the property will be classified as Unclassified in order to
protect the Conservation Area per FLUE Objective 5 and Conservation Element Objective 4 of the Comprehensive
Plan and Figure 3a of the Wekiva Study Area Requirements.
Attachments:
1. Location Map
2. Aerial Map
3. Zoning Map
4. FLU Map
5. Annexation Ordinance - 911 Marshall Farms Rd
6. Rezoning Ordinance - 911 Marshall Farms Rd Surujlall Property
7. Concept Plan
8. Advertisements
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City of Ocoee ▪ 1 N. Bluford Avenue ▪ Ocoee, Florida 34761
Phone: (407) 905-3100 ▪ www.ocoee.org
Financial Impacts:
None
Type of Item: Second Reading Public Hearing
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Development ServicesDepartment
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Created: January 2023
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Zoning Classification :Genera l Agricultural (A-1 )Su burban (A-2)Single-Family Dwelling (R-1AAA)Single-Family Dwelling (R-1AA)Single-Family Dwelling (R-1A)Single-Family Dwelling (R-1)One- & Two-Fa mily D welling (R-2)Multiple-Family Dwelling (R-3)Mob ile Home Subdivision (RT-1)Profession al Offices & Se rvices (P-S)Neighb orhood Shop ping (C-1)Commun ity Commercial (C-2)Genera l C ommercial (C -3)
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ORDINANCE NO. 2023-
(Annexation Ordinance for 911 Marshall Farms Road –
Surujlall Property)
TAX PARCEL ID: 19-22-28-0000-00-011
CASE NO. AX-01-23-01: 911 Marshall Farms Road – Surujlall Property Annexation
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, ANNEXING
INTO THE CORPORATE LIMITS OF THE CITY OF OCOEE, FLORIDA,
CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 2.22
ACRES LOCATED AT 911 MARSHALL FARMS ROAD ON THE EAST
SIDE OF MARSHALL FARMS ROAD, BEGINNING APPROXIMATELY
1,040 FEET NORTH OF STATE ROAD 50 AND ASSIGNED PARCEL ID
NUMBER 19-22-28-0000-00-011, PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNER; FINDING SAID
ANNEXATION TO BE CONSISTENT WITH THE OCOEE
COMPREHENSIVE PLAN, THE OCOEE CITY CODE AND THE JOINT
PLANNING AREA AGREEMENT; PROVIDING FOR AND
AUTHORIZING THE UPDATE OF OFFICIAL CITY MAPS; PROVIDING
DIRECTION TO THE CITY CLERK; PROVIDING FOR SEVERABILITY;
REPEALING INCONSISTENT ORDINANCES; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner of certain
real property located in unincorporated Orange County, Florida, as hereinafter described, has
petitioned the City Commission of the City of Ocoee, Florida (the “Ocoee City Commission”) to
annex approximately 2.22 acres of property, as more particularly described in Exhibit “A”
attached hereto, into the corporate limits of the City of Ocoee, Florida; and
WHEREAS, the Ocoee City Commission has determined that said petition bears
the signatures of all owners of the real property proposed to be annexed into the corporate limits
of the City of Ocoee, Florida; and
WHEREAS, notice of the proposed annexation has been published pursuant to the
requirements of Section 171.044(2), Florida Statutes, and Section 5-9(E), Article V, Land
Development Code of the City of Ocoee (the “Code”); and
WHEREAS, on February 14, 2023, the Planning and Zoning Commission of the
City of Ocoee, Florida, reviewed the proposed annexation and found it to be consistent with the
Ocoee Comprehensive Plan, to comply with all applicable requirements of the Ocoee City Code,
and to be in the best interest of the City of Ocoee and has recommended to the Ocoee City
Commission that it approve said annexation petition; and
WHEREAS, the Ocoee City Commission has the authority, pursuant to Section
171.044, Florida Statutes, to annex said real property into its corporate limits upon petition of the
owners of said real property; and
Page 610 of 668
WHEREAS, the Ocoee City Commission is desirous of annexing and redefining
the boundary lines of the City of Ocoee, Florida, to include said real property.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF
THE CITY OF OCOEE, FLORIDA, AS FOLLOWS:
Section 1. AUTHORITY. The Ocoee City Commission has the authority to adopt this
Ordinance pursuant to Article VIII of the Constitution of the State of Florida, Chapters 166 and
171, Florida Statutes, and Section C-7 of Article 1 of the Charter of the City of Ocoee, Florida.
Section 2. PETITION. The Ocoee City Commission hereby finds that the petition to
annex certain lands, as hereinafter described, into the corporate limits of the City of Ocoee, Florida,
bears the signatures of all owners of the real property proposed to be annexed into the corporate
limits of the City of Ocoee, Florida.
Section 3. ANNEXATION. The following described real property located in
unincorporated Orange County, Florida, is hereby annexed into the corporate limits of the City of
Ocoee, Florida:
SEE EXHIBIT “A” ATTACHED HERETO AND BY THIS
REFERENCE MADE A PART HEREOF
Section 4. MAP. A map of said land herein described, which clearly shows the annexed
area, is attached hereto as EXHIBIT “B” and by this reference is made a part hereof.
Section 5. CONSISTENCY FINDING. The Ocoee City Commission hereby finds that
the annexation of said land herein described is consistent with the Ocoee Comprehensive Plan, as
amended, and meets all of the requirements for annexation set forth in the Ocoee Comprehensive
Plan and the Ocoee City Code.
Section 6. CORPORATE LIMITS. The corporate territorial limits of the City of Ocoee,
Florida, are hereby redefined to include said land herein described and annexed.
Section 7. OFFICIAL MAPS. The City Clerk is hereby authorized to update and
supplement official City maps of the City of Ocoee, Florida, to include said land herein described
and annexed.
Section 8. LIABILITY. The land herein described and future inhabitants of said land
herein described shall be liable for all debts and obligations and be subject to all species of taxation,
laws, ordinances, and regulations of the City of Ocoee, Florida, and be entitled to the same
privileges and benefits as other areas of the City of Ocoee, Florida.
Section 9. SEVERABILITY. If any section, subsection, sentence, clause, phrase, or
portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision, and such holding shall not affect the validity of the remaining portion hereto.
Page 611 of 668
Section 10. CONFLICTING ORDINANCES. All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 11. EFFECTIVE DATE. This Ordinance shall become effective upon passage
and adoption. Thereafter, the City Clerk is hereby directed to file a certified copy of this Ordinance
with the Clerk of the Circuit Court for Orange County, Florida, the Chief Administrative Officer
of Orange County, Florida, and with the Florida Department of State within seven (7) days from
the effective date.
PASSED AND ADOPTED this ______ day of ______________________, 2023.
ATTEST:
Melanie Sibbitt, City Clerk
(SEAL)
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA APPROVED AS
TO FORM AND LEGALITY THIS _____ DAY
OF___________________, 2023
SHUFFIELD, LOWMAN & WILSON, P.A.
By:
City Attorney
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Johnson, Mayor
ADVERTISED ________ AND _________
READ FIRST TIME _______________, 2023
READ SECOND TIME AND ADOPTED
________________, 2023, UNDER AGENDA
ITEM NO. ____
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EXHIBIT “A”
LEGAL DESCRIPTION
PARCEL ID NO.: 19-22-28-0000-00-011
COMM NW COR OR SW1/4 OF SE1/4 OF SEC 19-22-28 TH S89-19-51E 943.24 FT TO ELY
R/W MARSHALL FARMS RD TH S43-37-32W 506.64 FT FOR POB TH CONT S43-37-32W
135 FT S89-19-51E 869.99 FT N42-57-17E 133.55 FT N89-19-51W 867.85 FT TO POB
Page 613 of 668
EXHIBIT “B”
LOCATION MAP
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ORDINANCE NO. 2023-
(Rezoning Ordinance for 911 Marshall Farms Road
– Surujlall Property)
TAX PARCEL ID: 19-22-28-0000-00-011
CASE NO. RZ-23-01-01: 911 Marshall Farms Road – Surujlall Property Rezoning
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING
THE ZONING CLASSIFICATION FROM ORANGE COUNTY A-1
(CITRUS RURAL DISTRICT) TO CITY OF OCOEE C-2 (COMMUNITY
COMMERCIAL DISTRICT) AND UNCLASSIFIED DISTRICT ON
CERTAIN REAL PROPERTY CONTAINING APPROXIMATELY 2.22
ACRES LOCATED AT 911 MARSHALL FARMS ROAD ON THE EAST
SIDE OF MARSHALL FARMS ROAD, BEGINNING APPROXIMATELY
1,040 FEET NORTH OF STATE ROAD 50 AND ASSIGNED PARCEL ID
NUMBER 19-22-28-0000-00-011, PURSUANT TO THE APPLICATION
SUBMITTED BY THE PROPERTY OWNER; FINDING SUCH ZONING
TO BE CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN;
PROVIDING FOR AND AUTHORIZING THE REVISION OF THE
OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT
ORDINANCES; PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the owner (the “Applicant”) of certain real property located within the
corporate limits of the City of Ocoee, Florida, as hereinafter described, has submitted an
application to the City Commission of the City of Ocoee, Florida (the “Ocoee City Commission”)
to rezone said real property (the “Rezoning”); and
WHEREAS, the Applicant seeks to rezone certain real property containing approximately
2.22 acres, more particularly described in Exhibit “A” attached hereto and by this reference made
a part hereof, from Orange County A-1 (Citrus Rural District) to City of Ocoee C-2 (Community
Commercial District) and Unclassified District; and
WHEREAS, pursuant to Section 5-9(B), Article V of the Land Development Code of the
City of Ocoee, Florida (the “Ocoee City Code”), the City Development Services Director has
reviewed said Rezoning application and determined that the Rezoning is consistent with the City
of Ocoee Comprehensive Plan as set forth in Ordinance No. 91-28, adopted September 18, 1991,
as amended (the “Ocoee Comprehensive Plan”); and
WHEREAS, said Rezoning application was scheduled for review and recommendation by
the Planning and Zoning Commission of the City of Ocoee, Florida (the “Planning and Zoning
Commission”), acting as the Local Planning Agency; and
WHEREAS, on February 14, 2023, the Planning and Zoning Commission held a public
hearing and reviewed said Rezoning application for consistency with the Ocoee Comprehensive
Page 615 of 668
Plan and determined that the Rezoning is consistent with the Ocoee Comprehensive Plan and is in
the best interest of the City, and recommended to the Ocoee City Commission that the zoning
classification of said real property be rezoned as requested by the Applicant and that the Ocoee
City Commission find the Rezoning requested by the Applicant to be consistent with the Ocoee
Comprehensive Plan; and
WHEREAS, on April 18, 2023, the Ocoee City Commission held a de novo advertised
public hearing with respect to the proposed Rezoning of said real property and determined that the
Rezoning is consistent with the Ocoee Comprehensive Plan; and
WHEREAS, this Ordinance has been considered by the Ocoee City Commission in
accordance with the procedures set forth in Section 166.041(3)(a), Florida Statutes.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COMMISSION OF THE
CITY OF OCOEE, FLORIDA, AS FOLLOWS:
SECTION 1. AUTHORITY. The Ocoee City Commission has the authority to adopt
this Ordinance pursuant to Article VIII of the Constitution of the State of Florida and Chapters 163
and 166, Florida Statutes.
SECTION 2. REZONING. The zoning classification, as defined in the Ocoee City
Code, of the Property described in Exhibit “A” containing approximately 2.22 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County
A-1 (Citrus Rural District) to City of Ocoee C-2 (Community Commercial District) and
Unclassified District. A map of said land herein described, which clearly shows the area of the
Rezoning, is attached hereto as Exhibit “B” and by this reference is made a part hereof.
SECTION 3. COMPREHENSIVE PLAN. The Ocoee City Commission hereby
finds the Rezoning of the land described in this Ordinance to be consistent with the Ocoee
Comprehensive Plan.
SECTION 4. ZONING MAP. The City Clerk is hereby authorized and directed to
revise the Official Zoning Map of the City of Ocoee in order to incorporate the Rezoning enacted
by this Ordinance, and the Mayor and City Clerk are hereby authorized to execute said revised
Official Zoning Map in accordance with the provisions of Section 5-1(G) of Article V of the Ocoee
City Code.
SECTION 5. CONFLICTING ORDINANCES. All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
SECTION 6. SEVERABILITY. If any section, subsection, sentence, clause, phrase,
or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of
competent jurisdiction, such portion shall be deemed a separate, distinct, and independent
provision, and such holding shall not affect the validity of the remaining portion hereto.
Page 616 of 668
SECTION 7. EFFECTIVE DATE. This Ordinance shall become effective ten (10)
days after its passage and adoption.
PASSED AND ADOPTED this _______ day of _________________________, 2023.
ATTEST:
Melanie Sibbitt, City Clerk
(SEAL)
APPROVED:
CITY OF OCOEE, FLORIDA
Rusty Johnson, Mayor
FOR USE AND RELIANCE ONLY BY THE
CITY OF OCOEE, FLORIDA; APPROVED AS
TO FORM AND LEGALITY
this ______ day of ______________, 2023.
SHUFFIELD LOWMAN & WILSON, P.A.
By:
City Attorney
ADVERTISED _________________, 2023
READ FIRST TIME ____________, 2023.
READ SECOND TIME AND ADOPTED
______________________________, 2023.
UNDER AGENDA ITEM NO. _____
Page 617 of 668
EXHIBIT “A”
LEGAL DESCRIPTION
PARCEL ID NO.: 19-22-28-0000-00-011
COMM NW COR OR SW1/4 OF SE1/4 OF SEC 19-22-28 TH S89-19-51E 943.24 FT TO ELY
R/W MARSHALL FARMS RD TH S43-37-32W 506.64 FT FOR POB TH CONT S43-37-32W
135 FT S89-19-51E 869.99 FT N42-57-17E 133.55 FT N89-19-51W 867.85 FT TO POB
Page 618 of 668
EXHIBIT “B”
LOCATION MAP
Page 619 of 668
N89°19'51"W 869.99'
S89°19'51"E 867.85'S42°57'17"W 133.55'
325.00'135.00'"MEEKS PROPERTY"
S89°19'51"E
C-3
Page 620 of 668
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Sarasota, FL 34236
, 941-906-9386 x322INVOICE
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Page 621 of 668
West Orange Times c/o Business Observer
1970 Main Street
3rd Floor
Sarasota, FL 34236
, 941-906-9386 x322INVOICE
Legal Advertising
Attention: If you are a government agency and you believe that you qualify for a 15% discount to the second insertion of
your notice per F.S. revision 50.061, please inform Kristen Boothroyd directly at 941-906-9386 x323.
NOTICE
The Business Observer makes every effort to ensure that its public notice advertising is accurate and in full compliance with all applicable statutes and ordinances and
that its information is correct. Nevertheless, we ask that our advertisers scrutinize published ads carefully and alert us immediately to any errors so that we may correct
them as soon as possible. We cannot accept responsibility for mistakes beyond bearing the cost of republishing advertisements that contain errors .
Page 622 of 668