HomeMy WebLinkAboutItem #08 a.b. First Reading of Ordinance for Hopper Property
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AGENDA ITEM STAFF REPORT
Meeting Date: April 7, 2009
Item #
gab
Contact Name:
Contact Number:
7Y1f?
Michael Rumer
407 -905-3100 ext. 1 018
Reviewed By:
Department Director:
City Manager:
Subject: Hopper Property - 240 E. Silver Star Road
Annexation Ordinance #2009-006 Project # AX-11-08-13 ,
Rezoning Ordinance # 2009-007 Project #RZ-08-11-1 0 '
Commission District 2 - Rosemary Wilsen
ISSUE:
Should the Honorable Mayor and City Commission approve annexation and rezoning ordinances for a 1,24
+/- acre parcel of land known as Hopper Property?
BACKGROUND SUMMARY:
General Location: The subject property is located on the north side of Silver Star Road and south of Rewis
Street., Yi east, northeast of the intersection of Bluford Road and Silver Star Road.
Parcel Identification Number(s): 17-22-28-0000-00-006.
Property Size: 1.24 +/-acre
Actual land use and unique features of the subiect property: The parcel currently contains one (1) single-
family residence. The subject property's northern property line borders the Central Florida Railroad tracks
and Rewis Street.
The table below references the future land uses, zoning classifications and existing land uses of the
surrounding parcels:
Direction
North
East
South
West
Future land use
Low Densit Residential
Low Densit Residential
Low Densit Residential
Low Densit Residential
CONSISTENCY WITH STATE & LOCAL REGULATIONS:
Annexation: With respect to State annexation criteria, Chapter 171.044 of the Florida Statutes grants
municipalities the authority to annex contiguous, compact, non-circuitous territory so long as it does not create
an enclave, The subject property is considered contiguous to the City of Ocoee since it bordered by property
located within the City limits on the east, west, and northern boundaries.
Joint Plannina Area Aareement: The subject property is located within the Ocoee-Orange County Joint
Planning Area (JPA) and is being considered for annexation as outlined in the JPA Agreement. City staff is
concurrently requesting rezoning of the property to R-1AA (Single-Family Dwelling),
Orange County has been notified of this petition in accordance with Subsection 13-A of the City of Ocoee-
Orange County Joint Planning Area Agreement.
Rezonina: City staff has requested a City of Ocoee zoning designation of R-1AA (Single-Family Dwelling),
According to the Land Development Code, the R-1AA zoning designation is intended for areas shown on
the Future Land Use Map as "Low Density Residential", The R-1AA zoning designation is consistent with
the adopted future land use designation of Low Density Residential, shown on both the City of Ocoee and
Orange County Joint Planning Area future land use maps,
Comprehensive Plan: The annexation is consistent with the Future Land Use Element Policy 2,5 that
states in part, "The City shall consider requests for voluntary annexation into the City when those lands are
logical extensions of the existing City limits, when seNices can be properly provided, and when proposed
uses are compatible with the City's Comprehensive Plan, the JPA Aareement, and the City's Annexation
Policy...." [Emphasis added], The rezoning is consistent with Future Land Use Element Policy 1,15 that
states in part, "The City may assign an initial zoning, after annexation, which is consistent with both the
Future Land Use Map and the JPA Agreement..,"
DISCUSSION:
Annexation Feasibility & Public Facilities Analysis Report: Because the property is an enclave in the City it
already benefits from City Police and Fire Rescue seNices via a joint "First Responder" Agreement with
Orange County,
Summary: The proposed annexation is a logical extension of the City limits, urban seNices can be
provided, and the annexation meets state and local regulations, The land use and initial zoning are also
consistent and compatible with surrounding properties (See Existing Zoning Map),
DEVELOPMENT REVIEW COMMITTEE RECOMMENDATION:
On January 29, 2009, the DRC met to determine if the proposed annexation was consistent with the City's
regulations and policies, The DRC recommended approval of the annexation of the Hopper property
conditioned upon the City of Ocoee Fire Department verifying accessibility to the site, On the same day as
the DRC meeting, the Fire Department was able to access the property without issues.
PLANNING & ZONING COMMISSION RECOMMENDATION:
The proposed Annexation and Initial zoning of the Hopper property was reviewed at a Public Hearing by
the Planning and Zoning Commission on March 10, 2009, The Planning & Zoning Commission voted
unanimously to recommend approval of the Annexation and Rezoning of the +/- 1,24 acre parcel of land
known as the Hopper Property located at 240 E, Silver Star Drive,
STAFF RECOMMENDATION:
Based on the recommendations of the DRC and Planning & Zoning Commission, staff recommends that
Honorable Mayor and City Commissioners adopt the ordinance to annex the +/- 1,24 acres of land known as
the Hopper Property, located at 240 E, Silver Star Drive, and also adopt the ordinance to rezone the property
to "R-1AA" Single-Family Dwelling,
Attachments:
Location Map
Surrounding Future Land Use Map
Surrounding Zoning Map
Annexation Ordinance 2009-006
Rezoning Ordinance 2009-007
Annexation Feasibility Analysis Report
Aerial
Financial Impact:
None,
Tvpe of Item: (please mark with an "x")
Public Hearing
X Ordinance First Reading
Ordinance Second Reading
Resolution
Commission Approval
Discussion & Direction
For Clerk's Deat Use:
Consent Agenda
Public Hearing
_ Regular Agenda
Original DocumenUContract Attached for Execution by City Clerk
Original DocumenUContract Held by Department for Execution
Reviewed by City Attorney
Reviewed by Finance Dept.
Reviewed by ( )
N/A
X N/A
N/A
Location Map
240 East Silver Star Road (Hopper Annexation)
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ORDINANCE NO. 2009-006
(Annexation Ordinance For Hopper Parcel)
TAX PARCEL ID #s 17-22-28-0000-00-006;
CASE NO. AX-ll-08-13: Hopper Parcel 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 1.24
ACRES LOCATED NORTH SIDE OF SILVER STAR ROAD AND SOUTH
OF REWIS STREET, 'l4 MILE EAST, NORTHEAST OF THE
INTERSECTION OF BLUFORD A VENUE AND SILVER STAR ROAD;
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 UPDATING OF OFFICIAL CITY MAPS;
PROVIDING DIRECTION TO THE CITY CLERK; PROVIDING FOR
SEVERABILITY; REPEALING INCONSISTENT ORDINANCES;
PROVIDING FORAN EFFECTIVE DATE.
WHEREAS, pursuant to Section 171.044, Florida Statutes, the owner or owners of
certain real property located in unincorporated Orange County, Florida, as hereinafter described,
have petitioned the City Commission of the City of Ocoee, Florida (the "Ocoee City
Commission") to annex approximately 1.24 acres of property as more particularly described in
Exhibit "A" hereto, into the corporate limits of the City of Ocoee, Florida; and
WHEREAS, the Ocoee City Commission has determined that said application 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) of Article V of Chapter
180 of the Code of Ordinances of the City of Ocoee (the "Ocoee City Code"); and
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a
Joint Planning Area Agreement (the "JP A Agreement") which affects the annexation of the real
property hereinafter described; and
WHEREAS, the Planning and Zoning Commission of the City of Ocoee, Florida, has
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, to be consistent with
the JP A Agreement, and to be in the best interest of the City of Ocoee and has recommended to
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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 owner of
said real property; and
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 7 of Article I 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" (METES AND BOUNDS LEGAL DESCRIPTION
ATTACHED HERETO AND BY THIS REFERENCE MADE A PART
HEREOF).
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 4. 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 Findine;. The Ocoee City Commission hereby finds that the
annexation of said land herein described is consistent with the Ocoee Comprehensive Plan and
the JP A Agreement and meets all of the requirements for annexation set forth in the Ocoee
Comprehensive Plan, the JP A Agreement, 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 and directed to
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update and supplement official City maps of the City of Ocoee, Florida, to include said land
herein described and annexed.
SECTION 8. Liabilitv. 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. Conflictin2 Ordinances. All ordinances or parts of ordinances in conflict
herewith are hereby repealed.
SECTION 10. Severabilitv. 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.
SECTION 11. Effective Date. This Ordinance shall take effect 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 and the Chief Administrative Officer of Orange County,
Florida and with the Florida Department of State within seven (7) days from the date of adoption.
PASSED AND ADOPTED this _ day of
APPROVED:
,2009.
ATTEST:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED AND
READ FIRST TIME , 2009.
READ SECOND TIME AND ADOPTED
, 2009 UNDER
AGENDA ITEM NO.
-3-
EXHIBIT "A"
Legal Description:
Commence at the Northwest corner of the Southeast Yt of the northwest 1/4 of Section 17,
Township 22 South, Range 28 East Orange County Florida, run North 00000'00" West along the
West line of Second Addition to Lakeview, according to the plat thereof, as recorded in Plat
Book "L" Page 136, Public Records of Orange County, Florida, a distance of357.47 feet to a
point on the Southerly right of way line of an existing railroad right of way; thence run South 670
39' 25" West along said Southerly right of way line a distance of207.23 feet to the Point of
Beginning; thence continue South 670 39' 25" West along Southerly right of way line a distance
of387.00 feet; thence leaving said Southerly right of way line, run South 32055' 00' East 152.59
feet; thence run North 670 39' 25" East 328.32 feet; thence run North 10046' 47" West 153.11
feet to the Point of Beginning.
Containing 1.24 acres more or less.
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EXHIBIT "B"
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ORDINANCE NO. 2009-007
(Rezoning Ordinance For Hopper Parcel)
TAX PARCEL ID # 17-22-28-0000-00-006;
CASE NO. RZ-08-11-10: Hopper Parcel Rezoning
AN ORDINANCE OF THE CITY OF OCOEE, FLORIDA, CHANGING THE
ZONING CLASSIFICATION FROM ORANGE COUNTY R-l, "LOW
DENSITY RESIDENTIAL" TO OCOEE R-IAA, "SINGLE FAMILY
DWELLING," ON CERTAIN REAL PROPERTY CONT AINING
APPROXIMA TEL Y 1.24 ACRES LOCATED ON THE NORTH SIDE OF
SILVER STAR ROAD AND SOUTH OF REWIS STREET., 1,4 MILE EAST,
NORTHEAST OF THE INTERSECTION OF BLUFORD A VENUE AND
SILVER STAR ROAD; PURSUANT TO THE APPLICATION SUBMITTED
BY THE PROPERTY OWNER, FINDING SUCH ZONING TO BE
CONSISTENT WITH THE OCOEE COMPREHENSIVE PLAN, THE
OCOEE CITY CODE, AND THE JOINT PLANNING AREA AGREEMENT;
PROVIDING FOR AND AUTHORIZING THE REVISION OF THE
OFFICIAL CITY ZONING MAP; REPEALING INCONSISTENT
ORDINANCES; PROVIDING FOR SEVERABILITY; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the owner or owners (the "Applicant") of certain real property located
within the corporate limits of the City of Ocoee, Florida, as hereinafter described, have 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
1.24 acres, more particularly described in Exhibit "A" attached hereto and by this reference
made a part hereof, from Orange County R-l, "Low Density Residential," to Ocoee R-lAA,
"Single Family Dwelling;" and
WHEREAS, pursuant to Section 5-9(B) of Chapter 180 of the Code of Ordinances of the
City of Ocoee, Florida (the "Ocoee City Code"), the Director of Planning has reviewed said
Rezoning application and determined that the Rezoning requested by the Applicant is consistent
with the 1991 City of Ocoee Comprehensive Plan as set forth in Ordinance #91-28, adopted
September 18, 1991, as amended (the "Ocoee Comprehensive Plan"); and
WHEREAS, on February 11, 1994, Orange County and the City of Ocoee entered into a
Joint Planning Area Agreement which has been amended from time to time (the "JPA Agreement");
WHEREAS, the JPA Agreement affects the future land use of the real property hereinafter
described;
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WHEREAS, pursuant to the provisions of Section 6(B) of the JP A Agreement, the City has
the authority to establish zoning for the real property hereinafter described and to immediately
exercise municipal jurisdiction over said real property for the purposes of Part II of Chapter 163,
Florida Statutes;
WHEREAS, the Zoning was scheduled for study and recommendation by the Planning and
Zoning Commission of the City of Ocoee ("PZC");
WHEREAS, the PZC has held a public hearing with public notice thereof and reviewed the
Zoning for consistency with the Ocoee Comprehensive Plan and the JP A Agreement and determined
that the Zoning is consistent with the Ocoee Comprehensive Plan and the JP A Agreement and is in
the best interest of the City and has recommended to the Ocoee City Commission that it approve the
Zoning and fmd it consistent with the Ocoee Comprehensive Plan and the JPA Agreement;
WHEREAS, the Ocoee City Commission has held a de novo public hearing with public
notice thereof with respect to the Rezoning; 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 1.24 acres located
within the corporate limits of the City of Ocoee, Florida, is hereby changed from Orange County
R-l, "Low Density Residential," to Ocoee R-lAA, "Single Family Dwelling;"
SECTION 3. MAP. A map of said land herein described, which clearly shows the
area of Rezoning, is attached hereto as Exhibit "B" and by this reference is made a part hereof.
SECTION 4. CONSISTENCY FINDING. The Ocoee City Commission hereby finds
that this Ordinance is consistent with the Ocoee Comprehensive Plan, the Ocoee City Code and the
JP A Agreement.
SECTION 5. 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 Chapter
180 of the Ocoee City Code.
SECTION 6. CONFLICTING ORDINANCES. All ordinances or parts of
ordinances in conflict herewith are hereby repealed and rescinded.
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SECTION 7. 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.
SECTION 8. EFFECTIVE DATE. This Ordinance shall take effect immediately
upon passage and adoption.
PASSED AND ADOPTED this
day of
,2009.
ATTEST:
APPROVED:
CITY OF OCOEE, FLORIDA
Beth Eikenberry, City Clerk
S. Scott Vandergrift, Mayor
(SEAL)
ADVERTISED ,2009
READ FIRST TIME , 2009.
READ SECOND TIME AND ADOPTED
, 2009 UNDER
AGENDA ITEM NO.
3
EXHIBIT "A"
Legal Description:
Commence at the Northwest corner of the Southeast 'Ii of the northwest 'Ii of Section 17, Township
22 South, Range 28 East Orange County Florida, run North 000 00'00" West along the West line of
Second Addition to Lakeview, according to the plat thereof, as recorded in Plat Book "L" Page 136,
Public Records of Orange County, Florida, a distance of 357.47 feet to a point on the Southerly
right of way line of an existing railroad right of way; thence run South 670 39' 25" West along said
Southerly right of way line a distance of 207.23 feet to the Point of Beginning; thence continue
South 670 39' 25" West along Southerly right of way line a distance of 387.00 feet; thence leaving
said Southerly right of way line, run South 320 55' 00' East 152.59 feet; thence run North 670 39'
25" East 328.32 feet; thence run North 10046' 47" West 153.11 feet to the Point of Beginning.
Containing 1.24 acres more or less.
4
EXHIBIT "B"
9
CITY OF OCOEE
ANNEXATION FEASIBILITY ANALYSIS
CASE NUMBER: Ax-11-08-13 & RZ-08-11-1 0
ApPLICANT NAME: Michael Hopper
PROJECT NAME: HOPPER - 240 EAST SILVER STAR ROAD. ANNEXATION AND REZONING
This form is used to evaluate annexation requests to determine the feasibility of providing urban
services to individual properties. Each department has filled in the appropriate section and the findings
are summarized below,
II. PLANNING DEPARTMENT
Michael Rumer I
Same
B. Property Location
1. General Location: North side of Silver Star Road and South of Rewis
Street., X East, Northeast of the intersection of
Bluford Road and Silver Star Road,
2. Parcel Identification Numbers: 17 -22-28-0000-00-006
3. Street Addresses: 240 East Silver Star Road
4. Size of Parcels: 1,24:t
C.
Single-Family Dwelling
Single-Family Dwelling
N/A
2.99
D.
Low Density Residential
R-1
Low Density Residential
R-1M (9,000 sf)
E.
Yes
Yes
III. FIRE DEPARTMENT Chief Richard Firstner
1. Estimated Response Time: 3 Minutes
2. Distance to Property: Distance from Station 2 (Clarke Rd & A.D, Mims) is
1,5 miles
3. Fire Flow Requirements: Fire flow is 750 gpm
Chief Ron Reffett
1111. POLICE DEPARTMENT
11. Police Patrol Zone / Grid / Area:
I 2. Estimated Response Time:
I Zone 1 / Grid 105
I 30 seconds for emergencies.
Page 1 of 3
BUILDING DEPARTMENT
1. Within the 100- ear Flood Plain:
Potable Water
1. In Ocoee Service Area:
2. Cit Ca able of Servin Area:
3. Extension Needed:
4. Location and Size of
Nearest Water Main:
B. Sanita Sewer
1. In Ocoee Service Area:
2. Cit Ca able of Servin Area:
3. Extension Needed:
4. Location and Size of
Nearest Force Main:
5. Annexation A reement Needed:
C. Other
1. Utilit Easement Needed:
2. Private Lift Station Needed:
3. Well Protection Area Needed:
Applicant Name: Michael Hopper
Project Name: Hopper - 240 E. Silver Star Road Annexation and Rezoning
Case #: Ax-11-08-13 I RZ-08-11-1 0
Approx, 4 tenths of a mile
1 minute normal drive time,
Michael Rumer
$209,177
$293,255
$650
N/A
N/A
N/A
Michael Rumer
No
David Wheeler, P. E.
Yes
Yes
Yes
6" Water Main 300 feet to the west on West Avenue,
Yes
No
No
N/A
No, Applicant will use on-site septic,
Yes
No
No
Page 2 of 3
Applicant Name: Michael Hopper
Project Name: Hopper - 240 E. Silver Star Road Annexation and Rezoning
Case #: Ax-11-08-13/ RZ-08-11-10
I VII. TRANSPORT A TION Michael Rumer
1. Paved Access: Yes
2. ROW Dedication: No
3. Traffic Study: No
4. Traffic Analysis Zone: 568
I VIII. PRELIMINARY CONCURRENCY EVALUATION Michael Rumer
At this time, adequate transportation capacity exists,
A. Transportation:
At this time, adequate park/recreation capacity exists,
B. Parks I Recreation:
At this time, adequate water/sewer capacity exists,
C. Water I Sewer:
N/A
D. Stormwater:
At this time, adequate solid waste capacity exists; however, this condition may
E. Solid Waste: change and will be subject to a concurrency evaluation during the site plan
approval process,
No impact fees will be assessed,
F. Impact Fees:
I IX. SITE SPECIFIC ISSUES
All Departments I
The subject property is adjacent to railroad tracks running on the south side of Rewis Street.
The property is accessed through an ingress/egress easement granted from a parcel on the
south side with a' paved driveway on Silver Star road (SR438), The property can also be
accessed from a dirt drive extending from West Avenue although there may not be a legal
easement is granted.
Ix. CONSISTENCY WITH STATE REGULATIONS:
Michael Rumer I
This property is contiguous with the City Limits and reduce the area of an enclave; therefore
this annexation is consistent with CH, 171,043 (1) & (2), Florida Statutes,
Page 3 of 3
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