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058-79 Ordinance .. ~- lMA'{ 2 1 1979 ORDINANCE NO. ..;~. 7.' Mi ORDINANCE PETITIONING THE DELAWARE COUNTY BOARD OF COUNTY COMMISSIONERS TO CHANGE THE BOUNDARY LINES OF THAT PORTION OF CONCORD ( TOWNSHIP WITHIN THE CORPORATE LIHITS OF THE VILLAGE OF DUBLIN IN DELAWARE COUNTY TO ~1AlZE SAID BOUNDARY LINES CONFORM TO THOSE OF WASHINGTON TOWNSHIP WITHIN THE COUNTY OF FRANKLIN, STATE OF OHIO, AND TO CHANGE THE NAME OF SAID PORTION OF CONCORD TOWNSHIP TO WASHINGTON TOWNSHIP. WrlEREAS , it is provided in Section 503.07 Ohio Revised Code that a Board of County Cor;rrnissioners may change the Township lines of a municipal corporation upon petition to make them identical with the limits of another Township within the Village, and WHEREAS, in the interests of the public health, safety, and welfare of the inhabitants of the Village of Dublin, it is r necessary to petition the Delaware County Comraissioners for a change of boundary lines in order to make that portion of L Concord Township in Delaware County conform to the Township boundaries of Washington Township within Franklin County and the Village of Dublin, Ohio. NOW THEREFORE BE IT ORDAINED by the Council of the Village of Dublin, Ohio, to members concurring: Section 1. The Mayor and Clerk-Treasurer are hereby authorized to sign the formal Petition (appended hereto as Exhibit A) to the County Commissioners of Delaware County, Ohio, requesting that the boundary lines of that portion of Concord Township, the Village of Dublin, Delaware County, Ohio, as described on Exhibit B, attached hereto and incorporated herein, ,.,.,. €: be changed so that said boundary lines are identical with those '-" of Washington Township wherein lies a substantial part of the Village of Dublin, Ohio. Section 2. That in accordance with the Sunshine. Law (Open Meeting Law), Section 121.22 Ohio Revised Code, the Village J . , . .. ORDINANCE NO. Page Two requests ample and public notification of any hearing to be held r' or decision to be made to decide the Petition appended hereto as Exhibit A. '- Section 3. That this Ordinance be and the same hereby is, declared to be an emergency measure necessary for the immediate preservation of the public health, .safety, and welfare; therefore this Ordinance shall take effect and be in force immediately upon its passage. Passed this ~ day of 1h/t1 , 1979. ~~~ - Presi ent Pro Tempore M~~f' ayor - res~ ~ng ~cer ,-. [' At~~ "- Clerk-Treasurer f"" f ~ -2- . - BEFORE THE BOARD OF COUNTY CO~IISSIONERS DELAWARE COUNTY,. OHIO (' IN THE MATTER Of the Application by the L. Village of Dublin, Franklin County, Ohio, for the Change of Township Boundary Lines Concerning that Portion of the Village of Dublin, Ohio, in Concord Township in Delaware County, Ohio, to Conform said PETITION Boundary Lines to make them Identical with those of Washington Township, Franklin County, Ohio, Petitioner. 1- Petitioner is a duly incorporated Ohio municipal corporation presently classified as a Village under existing ,.... f' Ohio Law. ,. f' /1'// day of hi: '- 2. On or about the 1973, , and on or about the ~ day of -. 1977, , Petitioner duly annexed a portion of Concord Township in Delaware County, Ohio, into the Corporate limits of the Village of Dublin, Franklin County, Ohio, said annexed area being more particularly described on Exhibit A as attached hereto. 3. Since the date of said annexation in Paragraph 2 hereof, the Village pf Dublin Police Department has been servicing the residents of Concord Township within the Village and the Washington-Perry Townships Fireboard in Franklin County, Ohio, which Fire Department services the remainder of the Village of r' Dublin for fire and emergency services, has only been servicing . ~ the Concord Township area on a standby basis under a Mutual Aid Agreement with Concord Township. 4. The Village of Dublin considers it advantageous and in the interests of the public health, safety, and welfare of I I \ L_ ________ ____________________ . . its inhabitants to be able to provide the same fire and emergency service by the same fire department for Concord Township as is afforded to the remainder of the Village of Dublin. r 5. This uniformity of fire and emergency service can \., presently best be achieved by conforming and realligning the township boundaries of that portion of Concord Township, Delaware County, Ohio, within the Village of Dublin, as described in Paragraph 2 herein, with the boundaries of Washington Township, Franklin County, Ohio, of which the Village of Dublin presently is a part. 6. This identity of township boundaries would resolve the fire and emergency uniformity of service problems and would enable the Village to provide such services to its Concord Township residents. 7 . Section 503.07 Ohio Revised Code provides that upon a [ petition by a Village, the County Commissioners may adjust township boundaries to make them identical and in conformity with the township of which the Village is a part. 8. On or about the ~ day of mlN , 19 )1 , the Village of Dublin duly enacted an Ordinance authorizing such a petition by a majority of its members in compliance with Section 503.07 Ohio Revised Code to adjust the boundaries of that portion of the Village of Dublin within Concord Township in Delaware County, Ohio, to conform said Township boundaries with those of Washington Township in Franklin county, Ohio (Exhibit B attached). 9. A majority of the residents of the area referred to in r Paragraph 2 herein, in Concord Township, Village of Dublin, Delaware County, Ohio, are in favor of the change in township L boundary lines as proposed herein as is evidenced by the petition of such residents, attached hereto. 10. Section 503.14 Ohio Revised Code provides that the change in boundary lines proposed herein shall be made by J annexation to the township in which the municipal corporation -2- i " . . r or the greater part of it was previously situated, and the con- tents of this Petition are made in accordance with said provision lI. In accordance with the Ohio Open Meeting Law (Sunshine r Law) Section 121.22 Ohio Revised Code, Petitioner further \. respectfully requests to be notified of any and all hearings on this Petition and that all deliberations hereon take place in open, public meetings. WHEREFORE, the said Village of Dublin, for and on behalf of its residents in Concord Township, Delaware County, Ohio, duly petitions the Honorable Board of County Commissioners, Delaware County, Ohio, to accept and approve this Petition and to conform the boundary lines of that portion of the Village of Dublin in Concord Township, Delaware, County, Ohio, so that an annexation of that portion of Concord Township into Washington C Township, Franklin County, Ohio, may occur. Respectfully submitted, THE VILLAGE OF DUBLIN, OHIO BY: .,@O~~ Ro~ert Karrer, Mayor Attest. ~ (l~~ ~eer, Clerk-Treasurer By authority of Ordinance Number ~-7'1 , passed tnftAi 2.L, 19~. ,..., C VILLAGE i. , ichael T. Gunner . 5354 Cemetery Road Hilliard, Ohio 43026 Telephone: (614) 876-1229 -3- . I. I May 21, 1979 DESCRIPTION OF 1,102 ACRES OF LAND .- WEST OF DUBLIN-BELLEPOINT ROAD AND NORTH OF THE DELAWARE COUNTY-FRANKLIN COUNTY LINE IN THE VILLAGE OF DUBLIN, CONCORD TOWNSHIP, DELAWARE COUNTY, OHIO Situated in the State of Ohio, County of Delaware, Township of Concord, Village of Dublin, containing 1,102 acres of land, more or less, said 1,102 acres of land being more particularly 0 described as follows: Beginning at a southwesterly corner of said Delaware County, the same being a northwesterly corner of said Franklin County and in an easterly line of Union County, said point of beginning also I being a southwesterly corner of said Concord Township, a i northwesterly corner of Washington Township and in an easterly line of Jerome Township; Thence northwardly, with a westerly line of Concord Township, a westerly line of Delaware County, an easterly line of Jerome Township, an easterly line of Union County, a distance of 2750 i feet, more or less, to a point in the southerly line of Manley Road (C.R. 128) ; , Thence southeastwardly, with the southerly line of said ! .! Manley Road, a distance of 1700 feet, more or less, to a point in the westerly line of that 57.25 acre tract now or formerly owned i . by Golden Bear Muirfield, Inc.; ; ,j i Ii Thence northwardly, with the westerly line of said 57.25 acre' ,. tract, with the easterly lines of the following four tracts: that :\ 1.04 acre tract, that 1.87 acre tract, that 2.07 acre tract, all 'three now or formerly owned by J. E. Harris, that 5.00 acre tract now or formerly owned by J. & P. Skaggs, a distance of 1,570 feet C more or less, to the northwesterly corner of said 57.25 acre tract; i Thence eastwardly, with the northerly line of said 57.25 acre tract, the northerly line of that 56.37 acre tract now or i' formerly owned by Golden Bear Muirfield, Inc., the southerly line! :: of that 73.90 acre tract now or formerly owned by l^lil:liamO. & Pauline E. Jacoby, a distance of 3,700 feet, more or less, to a point in the westerly line of Concord Road; Thence southwardly, with the westerly line of Concord Road, i a distance of 200 feet, more or less, to a point; Thence eastwardly, with a northerly line of that 127.23 acre i tract now or formerly owned by Golden Bear Muirfield, Inc., the southerly line of that 5.0 acre tract, that 0.08 acre tract, both now or formerly owned by R. D. Rutt, the southerly line of that 70.24 acre tract now or formerly owned by Albert L. & Betty L. Seely, a distance of 1,620 feet, more or less, to the southeasterly corner of said 70.24 acre tract; Thence northwardly, with a westerly line of said 127.23 acre tract, the easterly line of said 70.24 acre tract, a distance of 2,100 feet, more or less, to the northeasterly corner of said C 70.24 acre tract, the same being the northwesternmost corner of said 127.23 acre tract; .1 \ Thence eastwardly, with the northernmost line of said 127.23 acre tract, the northerly line of that 58.56 acre tract now or formerly owned by Golden Bear Muirfield, Inc. , the southerly line of that 61.08 acre tract now or formerly owned by Jack D. & Marion H. Walters, the southerly line of that 56.00 acre tract now or formerly owned by S. A. & W. Saunders, the southerly lines of Lots 3633 to 3660 in Shawnee Hills Addition No. 4, of record in Plat Book 4, Page 117, Recorder's Office, Dela\vare County, , Ohio, a southerly Corporation line of Shawnee Hills, a distance of 2,100 feet, more or less, to the northeasterly corner of said +---..-- PAGE 1 OF 2 PAGES . . May 21, 1979 DESCRIPTION OF 1,102 ACRES OF LAND. . . Cont'd " 58.56 acre tract, the same being the northwesterly corner of Shaw-Nee Hills Addition No.2, of record in Plat Book 4, Page 75, Recorder's Office, Delaware County, Ohio; ; Thence southwardly, with the easterly linesof said 58.56 . acre tract, the westerly lines of Lots 1786 to 1823 in said Shaw-Nee Hills Addition No.2, a westerly Corporation Line of C.. · Shawnee Hills, a distance of 2,100 feet, more or less, to the ,1 southeasterly corner of said 58.56 acre tract, the same being a southwesterly corner of said Shaw-Nee Hills Addition No.2; Thence eastwardly, with the southerly line of Lots 1823 to 1871 in said Shaw-Nee Hills Addition No.2, a southerly Corporation Line of Shawnee Hills, the northerly line of that 0.68 acre tract now or formerly owned by Golden Bear Muirfield, Inc., of record in Deed Book 367, Page 666, Recorder's Office, Delaware County, Ohio, the northerly line of that 30.25 acre tract' . now or formerly owned by Golden Bear Muirfield, Inc., a distance ' of 1,800 feet, more or less, to a point in the westerly line of , State Route 745; I , I Thence southwardly, with the westerly line of State Route I 745, a distance of 5,500 feet, more or less, to a point in a i northerly line of that 30.16 acre tract now or formerly owned by I I Nelva J. Welsh; ! Thence westwardly, with the northerly line of said 30.16 I acre tract, the southerly line of that 176.09 acre tract now or I ! formerly owned by Golden Bear Muirfield, Inc., a distance of 1,500\! .;; 'feet, more or less, to a point in a northerly line of Franklin . C : i County, said point being in a southerly line of Delaware County; ; ! :i Thence westwardly, with a southerly line of said Delaware ! f . I I County and with a northerly line of said Franklin County, a I : . distance of 9,800 feet, more or less, to the point of beginning ; f and containing 1,102 acres of land, more or less. : ! I The above described 1,102 acres is intended to be all of I that area of land accepted for annexation by Village of Dublin, ! Ohio, Ordinance No. 13-73, passed February, 1973, that is in I Concord Township, Delaware County, Ohio. I ! I ; I I I j U . PAGE 2 OF 2 PAGES , . > - -- _.> , MAY 2 1 1979 ORDINANCE NO. S't'1~ AN ORDINANCE AUTHORIZING THE VILLAGE OF DUBLIN, OHIO TO ENTER INTO AN AGREEMENT WITH SHEREX CHEMICAL COMPANY, INC. AUTHORIZING SUCH CORPORATION TO COMMENCE THE ACQUISITION, CONSTRUCTION, IMPROVE- MENT AND EQUIPPING OF A PROJECT WITHIN THE BOUNDARIES OF THE VILLAGE TO BE n FINANCED THROUGH THE ISSUANCE AND SALE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS U OF THE VILLAGE. WHEREAS, the Village of Dublin (the "Issuer"), by virtue of the laws of the State of Ohio, particularly Chapter 165, Ohio Revised Code, and the authorities therein mentioned, wishes to take the necessary actions for the issuance of revenue bonds in the aggregate principal amount now estimated to be approximately $8,500,000 for the purpose of financing the costs of acquisition, construction, improve- ment and equipping of real and personal property comprising an administration and laboratory research facility to be owned and operated by Sherex Chemical Company, Inc. (the "Company" ) for the purposes of commerce and research and related purposes (the "Project"); and WHEREAS , this Village Council has considered the matters set forth in an Agreement of even date herewith in the form attached hereto as Exhibit A; NOW, THEREFORE, BE IT ORDAINED by the Village Council of the Village of Dublin, State of Ohio: 0 Section 1. This Village Council does hereby find and determine that: (a) The Project will be a "project" within the meaning of that term as defined in Section 165.01, Ohio Revised Code; and (b) The Project is consistent with the purposes of Section 13 of Article VIII, Ohio Constitution, to create or preserve jobs and employment opportunities and to improve the economic welfare of the people of the Issuer and the State of Ohio. Section 2. The Agreement between the Issuer and the Company, in the form attached hereto as Exhibit A and incorporated herein by this reference, which Agreement at Section 1 provides that the Company is authorized to acquire, construct, improve and equip an administration and laboratory research facility for the purposes of commerce and research and related purposes, is hereby adopted and approved. . I/IfIIIA - . . ~ Section 3. The Mayor of the Village of Dublin and the Clerk-Treasurer of the Village of Dublin, and either of them, are hereby authorized and directed to execute said Agreement and to take such other actions as may be reason- able, necessary or appropriate in accordance with the pro- visions thereof. Section 4. It is found and determined that all formal actions of this Village Council concerning and relating to the passage of this ordinance were undertaken in an open U meeting of this Village Council and that all deliberations of this Village Council that resulted in such formal actions were in meetings open to the public in compliance with Section 121.22 of the Ohio Revised Code. Section 5. This ordinance is hereby declared to be an emergency measure the immediate passage of which is necessary for the preservation of the public peace, health and safety and for the further reason that this ordinance must be immediately effective in order to eliminate the hazards and expenses to the Issuer and its people resulting in the lack of job opportunities; wherefore, this ordinance shall take effect and be in force immediately upon its passage. Passed this day of May, 1979. Ma~~~er U~~ LkuI~~ C" President Pro Tempore ATTEST: 0 j~~ Clerk-Treasurer I, Richard Termeer, Clerk-Treasurer of the Village of Dublin, Ohio, do hereby certify that the foregoing is a true and correct copy of the original ordinance as passed by the Village Council of the Village of Dublin, Ohio on May lU-., 1979. DATE: fYlfWh( , 1979 ~~ R~chard Termeer Clerk-Treasurer -2- '" ~y . ~ EXHIBIT A AGREEMENT TO ISSUE BONDS THIS AGREEMENT, entered into as of the ____ day of May, 1979, between the Village of Dublin, Ohio (hereinafter D called the "Issuer"), a village organized and existing under the Constitution and laws of the State of Ohio, and Sherex (hereinafter called the "CQIl\P.an,y"), ChemicalC~any, Inc. an Ohio corporation, for the purposes of creating or pre- serving jobs and employment opportunities and improving the economic welfare of the people of the Issuer and the State of Ohio (hereinafter called the "State"), WIT N E SSE T H: WHEREAS, the Company desires to acquire, construct, improve and equip an administratidh and laboratory research facility to be located within the boundaries of the Issuer for the purposes of commerce and research and related pur- (J poses (the "Project"); and " ~ " J WHEREAS, the Company has evidenced a desire to finance suchaoquisitioft, construction, improvement and equipping from the proceeds of Industrial Development Revenue Bonds of the Issuer (hereinafter called the "Bonds") issued pursuant to the authority of Article VIII, Section 13, of the Ohio Constitution and Chapter 165 of the Ohio Revised Code, in a principal amount not to exceed $8,500,000; and WHEREAS, the Project will create or preserve jobs and employment opportunities for residents of the Issuer and '" ~ ~ improve the economic welfare of the Issuer and its people; and WHEREAS, it is the desire of the Issuer that such added jobs and employment opportunities be provided at the 0 earliest possible moment and that the economic improvement produced by the acquisition, construction, improvement and equipping occur at the earliest possible time; NOW, THEREFORE, in consideration of the foregoing, the Issuer and the Company hereby agree as follows: 1. The Company shall promptly commence the acquisition, construction, improvement and equipping of the Project which will provide additional jobs and employment opportuntties and improve the economic welfare of the Issuer and the State, and the Company will provide, or cause to be provided at its own expense, the necessary interim financing to permit such acquisition, construction, improvement and / C equipping to commence promptly. The Company also agrees that upon the issuance of the Bonds of the Issuer it will, at least to the extent financed with the proceeds of Bonds, enter into a lease or loan agreement with the Issuer under which the Company will make rental or loan payments suffi- cient to pay the principal of and any premium and interest on such Bonds and such additional payments as may be required or provided by law and the bond resolution, to pay all taxes and special assessments, if any, and whatever sums may be required for operation, maintenance and depreciation of the -2- " ~f " Project. The parties hereto further agree that the Company shall be reimbursed from the proceeds of the Bonds for the costs incurred directly or indirectly for or in connection with the Project whether such costs shall be incurred prior 0 to, at or after delivery of the Bonds. 2. The Issuer will, subject to the requirements and provisions of law, enact the legislation necessary to authorize the issuance of the Bonds and the execution of auc 1.... 'Or 10D avreetftent 01\ Mhalfof the Issuer t pro- vided that the Bonds shall not represent or constitute a debt or a pledge of the faith and credit of the Issuer and shall not obligate or pledge any moneys raised by taxation, but the repayment of the principal of and any premium and interest on the Bonds shall be made solely and only from the. rental, loan payments, revenues, and other income, charges and moneys derived from the lease, sale, use or other disposition of the Project. The Bonds and accom- C panying documents shall have such terms as shall be approved , by the Company and the Issuer, and the Issuer will deliver the Bonds to the purchaser or purchasers thereof designated by the Company and will cooperate to its fullest extent in consummating the transaction. 3. In order to induce the Issuer to execute and deliver this Agreement and ultimately to issue the Bonds as aforesaid, the Company hereby agrees to defend, indemnify and hold the Issuer and any and all officials thereof -3- "'" I~ '" . harmless against any and all loss, cost, expense, claims or actions arising out of or connected with the issuance of the Bonds as aforesaid and all proceedings relating thereto. The parties hereto agree that the Company is hereby autho- rized to transfer all of its rights and obligations here- 0 under to a corporation, partnership, limited partnership or other entity in which the Company has a controlling or management interest. 4. All wages paid to laborers and mechanics employed on the Project shall be paid at the prevailing rates of wages of laborers and mechanics for the class of work called for by the Project, which wages shall be deter- mined in accordance with the requirements of Chapter 4115, Ohio Revised Code, for determination of prevailing wage rates; provided that if the Company undertakes, as part of the Project, construction to be performed by its regular bargaining unit employees who are covered under a collective C bargaining agreement which was in existence prior to the date of this Agreement, the rate of pay provided under the applicable collective bargaining agreement may be paid to such employees. IN WITNESS WHEREOF, the Issuer, pursuant to an ordinance passed by its Village Council on May ~, 1979, has caused this Agreement to be executed by the Mayor of the Village of Dublin and the Clerk-Treasurer of the Village of Dublin, and the Company has caused this Agreement to be executed by its duly authorized officer, all as of the day and year first above written. -4- " ~ - . ," . SHEREX CHEMICAL COMPANY, INC. VILLAGE OF DUBLIN, OHIO By By -;t?~~~ Mayor Its By ~~ Clerk-Treasurer U APPROVED AS TO FORM: Stephen J. Smith Solicitor C -5- "'" '-~ . -, . . - VORYS, SATER, SEYMOUR AND PEASE ATTORNEYS AT LAW AlltTHUR I. VORYS 1858-1.33 52 EAST GAY STREET IN WASHINGTON LOWRY ~. SATEA 1.."-1835 SUITE aoo SOUTH AUGUSTUS T. SEYMOUR '873-'... POST OF"F"ICE BOX 1008 1800 flI4 STPlItET, N. w. 202-2..-Z.29 EDWARD L. "CASe: ,.73-1824 COLUMBUS, OHIO 43216 814-484-8400 CABLE VORYSATER WRITER'S OIRECT OIAL NUMSER 814-484- 6462 0 May 14, 1979 Mr. Sherman Sheldon Village Administrator Village of Dublin 6665 COffman Road Dublin, Ohio 43017 Re: Sherex Chemical Company, In<::. - vi11age of Dublin Industrial Development Revenue Bond Financing Dear Mr. Sheldon: This letter is in further regard to my telephone conversa- tion with Mr. John Strutner, Assistant Village Administrator, last week concerning the captioned proposed financing. As you know, Sherex Chemical Company, Inc. has submitted an application to the Dublin Area Community Improvement corporation for a proposed project consisting of acquisition of land locate4 within the Village of Dublin and construction of an administration and laboratory research facility. The project is es~t.ed to coat $2,500,000 and ( will provide additional jobs and job opportunities in the area. Our firm has been aSked to serve as bond counsel. The Dublin Area Community Improvement Corporation has sched- uled a meeting to review the proposed project on Thursday, May 17, at 7:30 p.m. Approval and certification of the project will be requested at that time. If the CIC approves the project and certifies i~ to be in accordance with the "Plan" for development (being the Agreement executed between the Village of Dublin and the CIC), the next step is to seek approval of the Village Council of the Village of Dublin. Encloaed pl.... find nine copi.. of the proposed Ordinance and Aqreemeft'tto Issue Bcftdswhieh we h.... requested be placed upon the f19enda of the regular -tinq oft.he ViUaqe Count:i+ for Hon4ay, by 21, 1979. 'l'be Ordinanc:e would confirm the project., approve the Aqr....t 'to ta.. aoMla, ..utJ\aOd._ ~ _ror and. .tb.eCl41:'k....1'x'...u;-.r to execute the Agreement to Issue Bonds and declare an emergency. It is necessary to pass the ordinance as an emergency ordinance so that '" '." .. - ~- . - VORYS, SATI!:R, SI!:YMOUR .. PItASIt Mr. Sherman Sheldon Page Two May 14, 1979 "official action" (for Federal tax purposes in connection with the interest on the proposed Bonds being free from Federal income tax) will have taken place on May 21. This will permit Sherex Chemical Company, Inc. to proceed to execute a contract for the purchase of land and be reimbursed for such expenses from the proceeds of the 0 proposed Bond issue. Ordinances for industrial development revenue bond issues are traditionally passed as emergency ordinances due to the nature of the financing. It is important to note that the Agreement to Issue Bonds makes clear that the "Issuer" (the Village of Dublin) agrees to issue bonds only so long as the Com,pany commences the project and that the Issuer is not and cannot be liable for the payment of the revenue Bonds. Further, Sherex Chemical Company, Inc. agrees to indemnify the Village for any costs or expenses in connection with the issuance of the revenue bonds. I have enclosed nine copies of the Ordinance and Agreement to Issue Bonds and the same number of copies of this letter so that you may distribute copies to the Mayor and Members of the Village Council prior to the May 21 meeting. A separate copy of the Ordinance and Agreement to Issue Bonds is also being hand-delivered on this date to Richard Termeer, Village Clerk-Treasurer and to Stephen J. Smith, Village Solicitor. Please do not hesitate to call either Phillip Nunnally (464-6286), Philip Johnston (464-6210) or me ( 464-6462) if you have any questions or comments. 0 Thank you for your assistance and cooperation. Very truly yours, i...~ _.3. ~D81.,. ........... SJI:tmv Enclosures cc: Stephen J. Smith, Esq. Richard Termeer Charles A. Weber HAND DELIVERED " ___.. - _____ . "V'--"__""~____' '_'~~"~'_._ ~~. -_._~ _, _, __d _ '_._. _ - _.~-- .----.- . .