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City Council Agenda Packet 08-08-1983AGENDA FOR THE MEETING OF THE CITY COUNCIL Monday, August 8, 1983 - 7:30 P.M. 1. Call to Order. 2. Approval of the Minutes of the Regular Meeting Held on July 25, 1983. 3. Citizens Comments/Petitions, Requests, and Complaints. Old Business. 4. Consideration of an Ordinance Amendment Which would Require the, Citv to Assume. Certain Responsibility with Respect to the Maintenance of Saver and Water Service Lines. Now Business. 5. Consideration of Insta lling Sower and water Service Lines to the City Owned House at the Treatment Plant. G. Adjournmont. MEMO TO: City Council FROM: Tom Eidem, City Administrator DATE: August 4, 1983 Just a reminder that the League of Minnesota Cities annual regional meeting is being hold in Litchfield on September 1, 1983. The dinner meeting, which begins at 6:30 P.M., will cost $9.00 per person. I have been requested to submit our advanced registrations by August 15th. I will be attending both the afternoon work sconiona as well as the evening dinner session. Please plan to lot me know on Monday evening, the 8th, eo that I may submit the appropriate advance registration. You each should have received a copy of the public hearing notice regarding County Ditch #33/meadow Oak (Attached is another copy). While I have not made this a formal agenda item since the City's position is quite clear (as petitioners), I think we may want to discuss who we wish to have represent us at the public hearing. I will be unable to attend since I will be on vacation that entire week. Out of the entire summer this turned out to be the only week open that 1 would be able to vacation with my whole family, so changing it at this late date would be impossible. It is my recommendation that we send a representative from our consulting engineers who would have the technical data available, and perhaps one appointed or elected official from the City proper. I think it is crucial that, considering the nature of public hearings, the technical data be accurately represented at that hearing. 0. j ARLIEN Wright County Auditor Wright County Courthouse . Buffalo, Minnesota 55313 Phone: (612) 682.3900 Metro: 339881 July 26, 1983 Re: Public Hearing Notice - County Ditch #33 Dear Land Owner: Pursuant to Minnesota Statutes 106.531, the City Council for the City of Monticello has filed a petition with the Wright County Auditor for authority to utilize Branch No. I of County Ditch 033 as an outlet for drainage of excess storm water from approximately 120 acres of land lying within the "Meadow Oak" platted subdivision. The Wright County Board has set the following date, time, and place for a Public Hearing: Tuesday, August 23, 1983 9: 30 A.M. Commissioners' Room Wright County Courthouse Buffalo, Minnesota This notice of the Public flooring is being sent to the petieionere and owners of the lands and properties, and corporations, etc. so, that a! 1 interested parties Will have the opportunity to be heard. Sincerely, C 0. J. Ar len 1- gg/ WR ICIIT COUNTY AUDITOR be: Thomas liidum, Monticello City Adminintuuor MINUTES REGULAR MEETING - MONTICELLO CITY COUNCIL July 25, 1983 - 7:30 P.M. Members Present: Arve Grimsmo, Jack Maxwell, Fran Fair, Dan Blonigen, Ken Maus. Members Absent: Nona. 2. Approval of the Minutes. A motion was made by Blonigen, seconded by Fair to approve the minutes of the regular meeting hold on July 11, 1983. Voting in favor were Blongien, Grimsmo, Fair and Maxwell. Ken Maus abstained due to his absence at the last meeting. 4. Public Hearinq - Tax Increment Finance District N2 - Jim Powers Proposal - "Powers Strength and Health Club". 5. Consideration of Adoption of a Resolution Giving Final Approval to Tax Increment Finance District 02. Tllu Monticello Hi%A has been working with Mr. Jim Powers on his proposal to construct and operate an indoor athletic facility. The baule devulupment proposal entails total expense to the developer of $1,250,000 of which 5150,000 would be for land acquiwition. Tax incre- ment Financing District M2 would involve the HRA in purchasing the land for the athletic facility for $149,000 and in turn sell this property to Mr. Poworr, for the athletic club for the price of $12,500. The balance, plus all administrative, legal and contingent expense would be recovered by the HRA over the eight year life of the tax increment district. The HRA and the City Council expressed concern over the feasibility of such a club and how the City could be protected in recovering its cost of writing down the land to Mr. Powers. Because of this, the IIRA has initiated a policy that will require the developer to supply a letter of credit from a bona fide lending institution, the proceeds of which will be assigned to the HRA to cover the total amount of any bond Issue including interest that the City would have to pay over the eight year life. This, along with other provisions of the developer's agreement makes the overall project risk minimal to the HRA. Council Minutes - 7/25/83 In lieu of selling bonds on the open market to finance the land acquisition for the athletic club, the HRA has nego- tiated a private placement with the Wright County State Bank who has agreed to purchaso the bonds in the amount of $167,000.00 for a period of 95 years at 9% interest rate. The additional $18,000 over the purchase price of the property is needed by the HRA to pay the first annual interest installment as the HRR would not receive any tax increments from real estate taxes until 1985. Hearing no co ments from the public in regard to the Tax Increment District N2, the public hearing was closed. It was noted by the Council that approval of the Tax In- crement Financing Plan for district N2 does not in any way guarantee that the project will proceed and Mr. powers was informed that his building and project must still meet all City codes and regulations regarding the building permit and zoning regulations, ate. before it can proceed. As a result, a motion was made by Fair, seconded by Blonigen and unanimously carried to adopt a resolution authorizing the certification of the Tax Increment. nintrict 02 and the financing plan as presented. (Sao Resolution 1983 #75). 1 6. Final Consideration of Rehabilitation of Pedestrian Liahtina on the Mississippi River Bridqe. nuring the past month, the Council has been discussing whether the City ahould fix the bridge lighting over the pedeUrlan walkway on the Missicair•lni Fiver Lridle. John Nimola. Public works Director, initially received a quote from l'1:on electric for approximately $2,180 to repair and .cplacu 5 fixturea. The Council requested that Mr. Simola obtain additional quotes from other electricians to see if the cc3t could be lowered. Mr. Simols noted that for approximately a month he has been trying to obtain quotas from other cluctricians and did receive a quote Friday morning from Hewkin's Electric for 51.905, if five fi xturea are nestled for replacement. in addition, Mr. dick Oslund from Double "D" Electric has decided not to bid on the lighting project since he already know what Olson 6lectric'abid was. It was noted that it is still the State of Minnesota's in- tention to start construction ofanew bridge possibly as early as 1985 and as a result, a motion was made by dlonigan, second- ed by Grimaso to drop the entire lighting rehabilitation project for the present time. Voting in favor were Grisaso, Fair, Maxwell and Blunnien. Opposed was Maus. Council Minutes - 7/25/83 7. Consideration of a Resolution to Continuo the Cable Fran- chising Process. The Minnesota Cable Communications Board requires that each City participating in a Joint Power's Agreement adopt a resolution stating the advisability of continuing on with the franchising process. The Joint Cable Commission, of which Monticello is a part, has met on a regular basis and is proceeding with the pre- paration of a request for a proposal that would be used tr: select a cable franchise company. A motion was made by Fair, seconded by :aaus and unanimously carried to adopt the resolution al-pruvinq the r:ont,nuution of the franchising process, for cahly 'eltvinr.. . (Cee Resolution 1987 M76). B. Consideration and F.ualuation of the Conduct of the Monticello Jaycee Circus and the Subsequent waiver of the Fee. ht the June 27th Council Meeting, the Monticello Jaycees were granted a permit to sponsor a circus on the old Oakwood Block property Saturday, July 23, 1983. There was consider- able discussion at that time and concern expressed over parking problems that might occur during the circus perfa m- ances and the decision was reached to evaluate her the Jaycees handled the parking problem after the event to determine whether or not a traveling show foe would be waived for the non-profit is ycee a. h motion was made by Maus, seconded by Blonigen and carried unanimously to waive the foe for the Monticello Jaycee's traveling show psrmit in the amount of $104 since there ware no problems with parking, etc. 9. Consideration of a itequest to Relinquish an raseaent for Street Purpttaas - Dale tungwitx, Oa kwaod Industrial Park. lit September of 1977, the tAkwuud InittrAtial Park Partnership grtentril to the City an c.v.e.mcnt •hit L r- r• tn• r rh, •.Urthorl 41), of the north half r4 ter 4 to . ixu A Its I to t.tl I it k, It le ur.tenent being permanunt f.rr reemlw.,c 14111.1aa1y Vul1+,c.et. Tho north half of Int 4 1. utm %.i f ­r al, to an inatd:trial d,velol.er from willmoor wl.t, .ta: ;ot -, rt: with req tints dl i rl it.(' vity'u set bank requirements •se er tl,• I.. Vmierts LMt.titV. rtt•.etvai Fut.i,ibilities. with the rovlway ;- it t lett ut tLe t� uner,i, 0.t elti wvuld require all ;et FiaLku tee I%. ratculated tram the estiv- ment arra which the developer feel m,ghr hinder hit; room fttr expansion in the future. Council Minutes - 7/25/83 1 Mr. Dale Wngwitz, a partner in the Oakwood Industrial park, noted that it was his understanding the easomant should have been given for utility purposes only and requested that the City relinquish roadway masamunt on this property so that the set back requirements can start frau the property line rather than the casement line. In addition, Mr. Wngwitz questioned the need by the City for a Orr' roadway easement over the north half of Lot 4 as the property would eventually dead end into the freeway anti there .il-pearoO t.,, b,• n=, r, it.on to dtv,!lop a road in this area a^d would he .,r a„ i*m, it to Lot 4. It war, noted that the eae_:cr,•nt ,v, r i.ot 4 for rvddw.. 1 arpouw, would provide accesn to .1ty I rnl ort; tl;nt may ,,, drv,•,aped in the future ac a well atty .or wart r ,wa ai=:,, c,x,l,l be i:eedcd in the future if Int 11 in Thtm.n. lmlu,tr,al Park ::bould be subdivided. It wau noted that since there appeared to be no benefit to the Oakwood Industrial Park for providing is roadway casement and if 'Thomas industrial Park should subdivide in the future, the road could be placed entirely on Thanas Industrial Park property and as a rusult, a motion was by Maus, seconded by IIlonigen to authorize the City Attorney to prepare a now quit claim deed limiting the roadway easement over the northerly 40' of Lot 4 to a 4G by 40 foot triangle in the northwest curlier which should ba a.ufficiant to Provide A road alignment in the future. All voting in favor wore Grimsmo, Maus, Fran and 8lonigan. Maxwell sibstained due to a conflict of interest in the Thomas Industrial Park property. 10. Consideration of Revising the City's License/Pao Schedule. Currently, the City's ordinances refers to foes and licenses that will be not from tido to time by the City ODunCil. The Council reviewed the fes' schedules for various licenses such as liquor, beer, razon2Lr.9, conditional une permits, aid other miscellaneous licenses and fee,.. The latest increase in the ices, took place approximately Meveml,er of 1981 And a recueaenda- ticn was made to inerea%o the fee, off,. tivo, Srptembeir I, 1983. A motion was mail,- by elt nigen, ,erund, i w. .axr and uran.wrrly carried tv, adopt a new fir ., h,',hil, I r xhr vrr„ei 1 uanreu and pormitr to he tffet tit "tl t, %4-r 1 , 1'" ,. t rhibit sl which in attached). 1t. Consideration of an Atj l,tatsitm f,u x .! not,- G-.-WIv Licex.su - :r, llenry's Cattol-, Ch, reh hall 17 val. At; in the pact dears, the Ft. ltat,ry',, Catholic Church reque►tad a ane day 3.2 liner licen,a for their annual lLurch Fall Festival scheduled for September 18, 1983. Council Minutes - 7/25/83 A motion was made by Maxwell, seconded by Maus and unanimously carried to approve the issuance of the one day 3.2 beer license to the Catholic Church for September 18, 1983, contingent upon proper insurance coverage being Provided. 12. Consideration of an Appointment of a wastewater Treatment Plant Operator. The City Administrator, the Wastewater Treatment Plant Superin- tendent and Public Works Director recently completed interview- ing applicants for a now Wastewater Treatment Plant operator position. it was recommended by this group that Mr. Tony Strande be hired by the City as the new wastewater Treatment Plant operator. A motion was made by Fair, seconded by Maxwell and unanimously carried to hire Mr. Strande as the nnw Wastewater Treatment Plant operator. 13. Consideration of an initiating a Permanent Clerical Positinn in city flail. The City Adminiutratur nnii the City linanro Director requested council approval for a new clerical poaition at City flail which would be a bookkeeper/secretary position. Thin now individual would be primarily responsible to the finance director and would also have duties including typing, filing, reception and deputy registrar duties. A motion we,, made by Fair, nseonded by Maxwell and unanimously carried to oppruva of the now job description for a bookkeapvr/r,+rt.•tary p,+aition at City flail and to ,live this now lwsltiun to Marlena Ifollman. In addition, a Nation w•i;l made by Biunigvn, ;:cvondcrl b; Maxwell and unanimously carried to aulhoraxe the, City luimrni,riratur tv ddverti::u for the vacancy at City flail to fill rho typing, secretarial/nlerical ruAtia: created by Marlene ifi llman' f nnaotian. 14. Approval of the Bills for July. A motion was made by Maus, sacontl-,d h; rwxwvll and unanisu,ui;ly carried to approve the bills for the month of July at, presented. .4.0 Exhibit 112. {tick wolfstallar Abaiauult %Imtnistrator Council Agenda - 8/8/83 4. Sewer and water Service Line Liability. O .S.) Currently, after the initial connection has been made to the curb stop or the sewer lead, the individual property owners assume responsibility or liability for all repairs required to any water line er sanitary sewer service lines from the premises to the street main, including any necessary street repairs. In some instances over the past few years, the City Council and/or staff have made exceptions to the ordinance. In one case, it was found that a sewer service line had been damaged by the 77-3 street construction and in that case, the City did pay for the repairs of the sewer service which was not found until two years after the 77-3 project was completed. In another case, the City paid for repairs to a water line when it was found that a water line had been damaged by a contractor putting in a storm sewer in that area. There was evidence that the contractor had hit the water line and damaged it. The purpose of this discussion is to decide whether or not the City should assume responsibility and liability for repairs to sewer and water services from the property line to the main on a regular basis by amending its current ordinances. People have traditionally fjiven little thrn,ght to ultimate sewer disposal when using public sewer because the system, unlike other utility services such as electricity stelophone,io virtually invisible to the user. Most problems in the sewage systems go unnoticed by the general public. Only when problems of major proportions occur does the general public even became aware of the system. Even then the reaction is usually one of apathy unless personal inconvenience occurs. If personal inconvenience does occur, the public reaction is often point violent, demanding, and immediate response with corrective action. Thio is also true of water lines in that the public would demand immediate response with corrective action if a water otoppago should occur, no matter what the hour of the day or night. Lot's list some of the problems that can occur in water and cower sorvicoo. First, the sewer linos. The first problem that comes to mind is a blockage of the sower caused simply by the intruoi.on of something into that sewer that will not pass. This is quite evident in homes of young children as several times items got flushed down coilots and cannot pass through the sower system. Other stoppages can be the build up of organic and inorganic materials in the sewer line itself, simply caused by years of use without clonning. Another problem that can occur is front build up or ice build up causing or loading to freezing of the service lino. In extremely cold winters front can penetrate easily to the dcptho of sanitary sower service linos. Council Agenda - 8/8/83 one of the chief causes of plugged services lines are roots. Seeking moisture, these roots enter water tight sewer joints, one microscopic cell at a time through vapor leaks. While the pipe joints today are more resistant to root infiltration, no pipe manufacturer will guarantee that the joints on sanitary sewer pipe are one hundred percent root free. Once the micro- scopic root cells get into the joint, they expand and open and/or break pipe joints. The roots intrude into the sewage, slow the flow, collect grease, silt and other soils and form septic pools, sometimes generating hydrogen sulfite. In most cases the property owner when this occurred calls one of the rota rooter people and has his sewer rooted out. This mechanical cutting of the roots is most often not a complete clean removal of all the roots in the sewer, and merely accelerates root growth as does the pruning of branches on a tree. Still another problem that occurs to the sewer service lines is sagging, collapse and/or failure of the pipe itself. while some of these problems can be related to root intrusion, several of the problems can be related to initial construction of the ^,ewer snrvire nr the environment in which that sewer service has to serve, such as a shallow service on a heavily traveled street or services laid through soil susceptible to movement and/or outside conditions which cause the pipe to move and fracture. One last problem that comma to mind causing the failure of sewer services is old age. Everything wears out, sewer services included. The longevity of a sewer service can be shortened by the environment which it serves or from wear or decay caused by the liquids the pipe must carry. water lino problems can be grouped into two categories, stoppages or leaks. The stoppages aro generally caused by a build up of materials in the pipe or in the winter time, the stoppages can be from the freezing of the service linea. In addition, kinks in the water line can lead to stoppages. Looks, on the other hand, can coma frau natural deteriation of the pipe, premature failure of the pipe at a kink caused by the water wearing out the pipe in that area or by frost heaving and pulling the pipe apart. Faulty workmanship at flared joints or physical damage to the pipe caused by nearby construction or grading or lawn work, ouch as someone hitting the shut off valve can also cause leaks. Council Agenda - 8/8/83 As stated earlier, the purpose of this discussion is to decide whether or not the City should be responsible or liable for all repairs for the santary sewer services and water services from the property line to the street main including the necessary street repairs or leave the ordinance the way it is. I will now present sane of the pros and cons regarding such an ordinance change. The pros for making a change in the ordinance could be as follows. If a sewer service fails,,if it is a burden to the individual property owner, the cost of digging up and repairing a service especially if it is located under the street can be costly. The cost can easily approach $1,500 to $2,000 for making such repairs. In addition, the burden to the in- dividual property owners can be unequal. The location of the sewer and water main can be closer to come properties than to others. In some instances, service lines such as some of those on Broadway can be quite long, therefore, the cost of repairing the services are much greater to some property owners than others. In addition, some of the services could be located at or near the ground water table while others are high and dry. So there is dofinitely a varying burden to Ci,u prup,uity owners. There is also something to be said that the property owner has paid for the installation of the sewer and water oervica upon its initial installation and should be guaranteed tho use of that for a period of time. The installation of such sewer and water services was put in under City supervision and the individual property owners had very little control over how those services were put in. lie was forced to buy a product that was supposed to work. Another pro in favor of changing the ordinance is the feeling that services should be provided to the property and that the cost of getting those services to the property and maintaining those services should be built into the rate system for those utilities. There is sane, feeling that ohould the services be stopped prior to gutting to the property that the City should be responsible for clearing those stoppages. Now soma of the cons or reasons why the ordinance should remain an it is. First of all, if the City were to assume responsibility for the sower and water services to the property, we, may end up with soon liability for failure of such services. In addition, the City would receive calls on all ouch stoppages and con- oiderablo time would have to be opent by staff luroonnal in determining which problems were ours or the property owners. In addition, it would be extremely difficult to budget for an expense. It would raiso sower and water rates to all users. - 3 - Council Agenda - 8/8/83 This would be would extremely unfair to the owners of new services, who had to pay several hundred dollars for a service while a neighbor may get a sewer service replaced free of charge. In order to keep things equitable and fair, we may have to look into the possibility of providing now services to new areas free of charge. This also could have ramifications in other areas if we more or less provide a life time warranty on the services, why don't we provide such life time warranties on streets, etc. As far as the water services are concerned, one major problem may be frozen water lines. It is very difficult to determine where a water line froze and while it is an assumption that water lines normally freeze in the streets, they can freeze elsewhere as well. In addition, almost any water line can freeze if there is little or no useage. Supposedly if we were to make a change in the ordinance and have the City responsible for the portion in the street, it would first have to be determined where the problem laid and normally, the City would be notified of any problems and the City orthe property owner would have to decide who is going to hire the rnntrartor. Therr, could be some ramifications there that the property owner may want a specific contractor and the City may end up not having any control over who the contractor is or what costs are involved until the project is well under way. while may of the water services have been replaced to the property in recent years, approximately one-third of our sewer services are 1960 vintages. These sewer services have been used for approxi- mately 23 yearn. Some of them already have problems such as roots and/or ango. Many of them have been slip lined by the property owners; that in, had a four inch PVC line slipped into the six inch line out to some portion under the street. It would be difficult to say how long each individual service is going to last. Some of them will last well into the 1990'a and possibly the year 2000, while others will have to be replaced or repaired, possibly this year. It is a staff recommendation that the ordinance be loft as it is and that the City Staff and Council continuo to consider only those service failures that have resultod from Improper installa- tion or outside influencoo such as nearby construction or the like. This is the way it is done in other communities an well as Monticello and two such ccuununitios are Flk River and Buffalo. Neither of these communitiea guarantee a service forever. Thay make it the property owner's responsibility to the main linea in the atrcot. - 4 - Council Agenda - 8/8/83 5. Consideration of Installina Sewer and Water Service Lines to the City Owned House at the Treatment Plant. (J.S.). The water softener at the Lindberg house failed from old age quite sometime ago, about the time Jim Miller moved in. The water from the private well at the residence is extremely hard and contains much iron. When the present tenants (Joe and Bev Johnson Family) moved in, we told them we would look into the possibility of hooking up to City water, as it is available. Tho sewer and water services for the Lindberg house were stubbed in to the north of the house in 1976 with the Mississippi Drive project. I have obtained two quotes for hooking up the water. In addition, since the City requires, by ordinance, all residences to be hooked to sanitary sewer within three years after it becomes available and the fact that the Lindbergs had trouble with the septic tank system, I obtained quotes for the sower as wall. The quotes are as follows: Brenteson : Water Sawa r THIS INFORMATION WILL BE PRESENTED Pyles Backhoe: Water AT MONDAY NIGHT"S MEETING. Sawa r It would be my recommendation that we hook the home up to both city sower and water. Revenues generated from the rent ($350 por month) would be used to repay the hook up fees. - 5 - r 005153 FYLE'S BACKHOE & SEWER SERVICE RE 2, Box 76. Monticello, MN 55362 - Phone 295.2511 or 295.4177 A service charge of i% per month will be added to all accounts 30 days pest duo. Minimum Charge: 50c. �Cuslor,,,.. •h r 3 ` N.r ,,,• nurlu;T 8 N�1'11• CITY OF MONTICE110 Address EAST BROADWAY MONTICSLLO, MINNESOTA 55362 ♦,Ilr rr ,�... rr I .r,•1 u.,r I 0 r I.',i.r r.rrrll/rl. ,ulrl 1/r♦.�Pr IIID tVat= r & Sewer Hookup by Diopooal Plant • Wator line inetallod 111 cooper 5 124 /00 •• Sower lino 1' 1111 PVC i inotalled at name time. 6 70 .00 •• Sewer lino to be conocted at fiondot:.on, cloanouto inetallod every 50ft Downtering if dooriod v1.1I bo extrn ! 1 - `rl rr.J./ • ,. ..,/, �,I.I r , ..... r l r .. TAA — - u AYn•rrrn I TOTAL 1 t Proposal Proposal No. FROM I oil CeafRVCTO Sheaf No. 8=6 355' �E 1111111111111111411 66.E • 441 -IW Date August 2, 198 Proposal Submitted To Work To Be Performed As Nam. Vity of Monticello street Street_ -.5- -- _ City__Stal.- City _ - Date of Plans_ State ti N-55352 _ _ _ _ _ _ Architect Telephone Number We reb• pro os o furnist, all the materials and perform all the labor necesscr for the completion of ns�ta]�a��on of city water and city sewer at douse City of Monticello owns next, to tine aisposal pians. M11 64;R4'rrr•,9 materials ane iaonr iurntsneo try t+rentevon t,onetruction. Cost of installing city sewer, Including 4, c]eanouts - - •il, 2C0.00 t:Ost of inutailing city venter witn i- copper - - tIs 2UU.UU Dev,atering extra if necenoary_ TOTAL. .0_ nrn on All moreriol is guaranteed to be as specified, and the above work to be perlurm@d in accordance wish she drawurgs and specifcotions submitted for above wort and completed in a substantial workmanlike manner for the sum of Dollop IS 1. with payments to be mode as follower Any alteration or deviotlon from above specifications involving @Alta costs, will be oReculed only upon written orders, and will become on estra charge over and above the estimate. All agreements contingent upon strikes, accidents or delays beyond our control, Owner to carry fire, tornado and other necessary insurance upon above work. Workman's Componsotion and Public Liability Insurance on above work to be token out by. Respectfully submitted^ Brenteson Construction Por " /;,.1 •,y , `'Jrpi . r f`� J A- Nota — This proposal may be withdrawn by us it not accepted within days --_ - — '-' ACCEPTANCE OF PROPOSAL Tho above pikes, epedricafons and condilions are satisfactory and are hereby ouoptod, you are ouilrot Grd to do the work as vpecifed. Payment will be mode as outlined above. Accepted _ Signature Dote .. _ _ _ .- ._- - --- - - - — Signature taw sa@r aeso :i