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HomeMy WebLinkAboutResolution - 2011-R0310 - Create Valencie PID - 07/14/2011Resolution No. 2011-RO310 July 14, 2011 Item No. 6.4 RESOLUTION WHEREAS, a petition has been received from the record owners of taxable real property representing more than 50 percent of the appraised value (as determined by the most recent certified appraisal roll of the Lubbock Central Appraisal District) of an area within the City of Lubbock generally bounded by generally bounded by 85th Street on the north, 88th Place on the south, Iola Avenue on the east, and Milwaukee Avenue on the west, AND owners of not less than fifty percent (50%) of the area of all taxable real property that is liable for assessment under the proposal; requesting establishment of a Valencia Public Improvement District under Chapter 372 of the Texas Local Government Code for the purpose of maintaining Parks and greens together with any ancillary structures, features or amenities such as playgrounds, athletic facilities, pavilions, community facilities, irrigation, walkways, lighting, benches, trash receptacles and any similar items located therein along with all necessary grading, drainage, and similar infrastructure involved in the maintenance of such parks and greens; landscaping, hardscape and irrigation; including costs of establishing, administering and operating the District; and WHEREAS, the petition, a copy of which has been attached as Exhibit "1," was examined, verified, found to meet the requirements of Section 372.005(b) of the Texas Local Government Code, and accepted by the City Council of the City of Lubbock, Texas (the "City"); and WHEREAS, the boundaries of the proposed Valencia Public Improvement District within the city limits of the City of Lubbock are described in the attachment designated as Exhibit "2" and shown on the map attached hereto as Exhibit "3"; and WHEREAS, the City has called a public hearing to hear public comments on the advisability of the proposed public improvement district and its benefits to the City and to the property within the boundaries of the proposed public improvement district; and WHEREAS, notice of such public hearing was published in the Lubbock Avalanche -Journal, a daily paper of general circulation in the City, such publication date being before the 15th day before the date of the public hearing stating the time and place of the hearing, the general nature of the services, the estimated cost of the services, the proposed boundaries of the proposed Valencia Public Improvement District, the method of assessment, and the apportionment of cost between the improvement district and the city as a whole; and WHEREAS, written notice containing the information in the published notice was mailed before the 151h day before the date of the hearing to the current addresses of the owners, as reflected on the tax rolls, of property subject to assessment under the proposed public improvement district; and Valencia PID Establishment WHEREAS, such hearing was convened at the time and place mentioned in the published notice, on the 14" day of July, 2011, at 9:30 o'clock a.m., in the Council Chambers of the City of Lubbock, Texas; and WHEREAS, the City, at such hearing, invited any interest person, or his/her representative, to appear and speak for or against the authorization of the Valencia Public Improvement District, the boundaries of the proposed public improvement district, whether all or a part of the territory which is described in Exhibit "2" attached hereto and depicted on the map attached hereto as Exhibit "3" should be included in such proposed Valencia Public Improvement District, the advisability of the proposed improvements, the nature of the improvements, the estimated costs of the improvements; the method of assessment, and the apportionment of costs between the district and the city as a whole; and WHEREAS, all owners of property located with the proposed Valencia Public Improvement District and all other taxing units and other interested persons were given a reasonable opportunity at such public hearing to protest the authorization of the Valencia Public Improvement District and/or the inclusion of their property in such District; and WHEREAS, the proponents of the Valencia Public Improvement District offered evidence, both oral and documentary, in favor of all of the foregoing matters relating to the creation of the Valencia Public Improvement District, and opponents of the Valencia Public Improvement District were given the opportunity to appear to contest authorization of the district, after which the hearing was closed; NOW THEREFORE: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LUBBOCK, TEXAS: SECTION l: That the facts and recitations contained in the preamble of this ordinance are hereby found and declared to be true and correct. SECTION 2: That the City Council, after conducting such hearing and having heard such evidence and testimony, has made the following findings and determinations based on the evidence and testimony presented to it: (a) That the public hearing on the advisability of authorizing the Valencia Public Improvement District has been properly called, held and conducted and that notice of such hearing has been published and mailed as required by law and delivered to the current address of the owners of property subject to assessment under the proposed public improvement district. (b) That authorization of the proposed Valencia Public Improvement District with boundaries as described in Exhibits "2" and "3" for the purpose of maintaining Parks and greens together with any ancillary structures, features or amenities such as playgrounds, athletic facilities, pavilions, community facilities, irrigation, walkways, lighting, benches, trash receptacles and any similar items located Valencia PID Establishment therein along with all necessary grading, drainage, and similar infrastructure involved in the maintenance of such parks and greens; landscaping, hardscape and irrigation; including costs of establishing, administering and operating the District is advisable and will result in benefits to the City, its residents and property owners in the Valencia Public Improvement District. (c) That the total estimated cost of services and improvements proposed to be provided by the District is approximately $56,829 over the next five (5) years, and that the estimated annual cost rises from $4,500 in year two to $19,149 in year five (5). Services anticipated are maintenance of 87`h Street park and median, electric costs for lights, and operational and administrative costs. (d) That the costs are based on a proposed assessment rate of $0.11 per $100.00 of valuation through year 2019. (e) That as to apportionment of cost between the proposed District and the City, all costs for proposed improvements will be paid by the District through assessments. SECTION 3: That the City hereby authorizes under Sections 372.006, 372.010, and 372.041 of the Act, a public improvement district over the area described in Exhibit 2 attached hereto and depicted in the map attached hereto as Exhibit 3 and such public improvement district shall hereafter be identified as the Valencia Public Improvement District, City of Lubbock, Texas. SECTION 4: That the City Council shall be the governing board for the Valencia Public Improvement District. The City Council may appoint an Advisory Board for management of the District in the future. SECTION 5: That the notice of this authorization for the Valencia Public Improvement District shall be published in a newspaper of general circulation in the city. SECTION 6: That if any section, paragraph, clause or provision of this Resolution shall for any reason be held to be invalid or unenforceable, the invalidity or unenforceability of such section paragraph, clause or provision shall not affect any of the remaining provisions of this Resolution. Valencia PID Establishment 3 Passed by the City Council on .July 14 , 2011. TOM MARTIN, MAYOR ATTEST: Reb cca Garza, City Secretary AnnPPRR//O��VED AS TO CONTENT: I'�`lXMdz Andy B rcham Chief Financial Officer APPROVED AS TO FORM: Linda L. Chamales, Economic Development Attorney a JcfryatVLinaa/Valencfa PM Establish ena May 18.2011 Valencia PID Establishment Exhibit "I" Resolution No. 2011-RO310 CITY OF LUBBOCK § COUNTY OF LUBBOCK § STATE OF TEXAS § CERTIFICATE OF PUBLIC RECORD I hereby certify, in the performance of the functions of my office, that one signature on the attached document has been verified and that the same constitutes record owners of taxable real property representing more than fifty percent (50%) of the appraised value of the property (as determined by the current roll of the Appraisal District, January 1, 2011) in the area known as Valencia, as shown on that attached map, AND owners of more than fifty percent (50%) of the area of all taxable real property that is liable for assessment under the proposal as required by Section 372.005(b) of the Texas Local Government Code; the one petitioner owns 1001/6 of land; said documents appear of record in my office and that said documents are an official record from the public office of the City Secretary of the City of Lubbock, Lubbock County, State of Texas, and is kept in said office. I further certify that I am the City Secretary of the City of Lubbock, that 1 have legal custody of said record, and that I am a lawful possessor and keeper and have legal custody of the records in said office. In witness whereof I have hereunto set my hand and affixed the official seal of said office this 16th day of May, 2011. (City Seal) Rebekca Garza City Secretary v City of Lubbock Lubbock County, State of Texas Exhibit "I" lubock TEXAS May 5, 2011 To: Becky Garza, City Secretary Cheryl Brock, Senior Financial Analyst Rob Allison, Assistant City Manager From: Sally Still Abbe, GIS Manager Re: Valencia Petition Recently, the City Of Lubbock received a petition dated April 8, 2011 from Drew Wegman, Vice -President of Real Property Resources, Inc., requesting that the City of Lubbock establish a Public Improvement District (PID) for the proposed Valencia development shown on the attached map. PID establishment can only be initiated by a petition of property owners who meet two tests outlined in the state statute. There is only one owner of land within the PID boundary, and the vice-president of this company signed the petition. The first test is that the petition is sufficient if signed by the owners of taxable real property representing more than 500le of the appraised value of the taxable real property liable for assessment by the current roll of the appraisal district (January 1, 2011). Since the petitioners own 100% of the property within the boundary, the petition easily passes the value test. The second test is that the petition must be signed by the record owners of property that constitute more than 50% of the number of record owners or the record owners of more than 50016 of the area within the PID. There is only one owner in the PID, who signed the petition. Real Property Resources, Inc. owns 100% of the land, so the petition passes both tests even though it is required to pass only one. The notarized signature on the Valencia petition was validated by a visual review Exhibit "1" PETITION FOR THE CREATION OF A PUBLIC WROVEMENT DISTRICT TO FINANCE IMPROVEMENTS TO VALENCIA THE STATE OF TEXAS § § CITY OF LUBBOCK § TO: THE HONORABLE MAYOR AND CITY COUNCIL OF THE CITY OF LUBBOCK: The undersigned petitioners (the "Petitioners"), acting pursuant to the provisions of Chapter 372, Texas Local Government Code, as amended (the "Act"), request that the City of Lubbock create a public improvement district (the "District") in the territory described in Exhibit A attached hereto (the "Land") within the City of Lubbock, Texas (the "City"), and in support of this petition the Petitioners would present the following: Section 1. Standing of Petitioners. In compliance with the requirements of Texas Local Government Code, Section 372.005(b), as determined by the current roll of the Lubbock Central Appraisal District, the Petitioners constitute: (i) the owners of taxable real property representing more than 50% of the appraised value of real property liable for assessment under the proposal described herein, and (ii) the record owners of taxable real property that constitutes more than 50% of the area of all taxable real property that is liable for assessment under such proposal. Section 2. General nature of the protQsed maintenance of the public improvements. The general nature of the proposed public improvements is: (i) maintenance of Parks and greens together with any ancillary structures, features or amenities such as playgrounds, athletic facilities, pavilions, community facilities, irrigation, walkways, lighting, fences, benches, trash receptacles and any similar items located therein along with all necessary grading, drainage, and similar infrastructure involved in the maintenance of such parks and greens; landscaping, hardscape and irrigation; and (ii) costs of establishing, administering and operating the District. The improvements associated with the Public Improvement District are a benefit to the affected property and to the City of Lubbock because they visually enhance the area as well as provide a common area for residents to enjoy increasing the overall quality of life in the affected area. Section 3. Estimated cost of the maintenance of the proposed public improvements: Annual maintenance costs - $18,000. Section 4. Boundaries. The proposed boundaries of the District are described in Exhibit A. Section 5. Method of assessment. An assessment methodology has been prepared that will address (i) how the costs of the public improvements paid for with the assessments are assessed against the property in the District, (ii) the assessments to be collected each year, and (iii) reduction of the assessments for costs savings (pursuant to the annual review of the service plan for the District). Additionally, a report will be prepared showing the special benefits accruing to property in the District and how the costs of the public improvements are assessed to LUM=5ww Dallas 1034400-1.DM Exhibit "1" property on the basis of the special benefits. The result will be that equal shares of the costs will be imposed on property similarly benefited. In assessing the maintenance of the public improvements, property will be classified based on the net taxable value of the property. The assessment methodology will result in each parcel paying its fair share of the costs of maintaining the public improvements based on the special benefits received by the property from the public improvements and property equally situated paying equal shares of the costs of the public improvements. The annual budget is subject to review by City of Lubbock staff and final approval by the City Council. The annual assessments may be adjusted as a result of the City of Lubbock staff review and City Council approval. Section b. Apportionment of Cost between the City and the District. The City will not be obligated to provide any funds to finance the proposed public improvements or maintain the public improvements. All of the costs of the proposed public improvements will be paid by assessments of the property within the District and from other sources of funds, if any, available to the developer of the Land. Section 7. Manaaement of the District. The City will manage the District, or, to the extent allowed by law, the City may contract with either a non-profit, or a for-profit organization to carry out all or a part of the responsibilities of managing the District, including the day -today management and administration of the District. Section 8. AdviaW hgard. An advisory board may be established to develop and recommend an improvement plan to the City Council of the City {the "City Councin. The signers of this petition request the establishment of the District and this petition will be filed with the City Secretary in support of the creation of the District by the City Council as herein provided. LUB200/58WO Dallas 1034400_LDOC [Signature on following page] -2- Exhibit "1" PETITIONERS: Real Property Resources, Inc. Drew Wegman, v& -President of Real Property Resources, Inc. THE STATE OF TEXAS COUNTY OF LUBBOCK On this, the a day of April, 2011, before me, the undersigned Notary Public, personally appeared Drew Wegman who acknowledged that he is Vice -President of Real Property Resources, Inc., and that he, in such capacity, being duly authorized so to do, executed the foregoing petition for the purposes therein contained by signing his name in such capacity. IN WITNESS WHEREOF, I have hereunto set my hand and official seal. `L JENNE M. BICKEiT Notary blic Signature "Public, 8MdTem MyCortrnladonExpires 1a13,ZOt8 Signature Page for Petition Exhibit "l" EXHIBIT A The Land METES AND BOUNDS DESCRIPTION: A 39.941 ACRE TRACT OF LAND SITUATED IN THAT CERTAIN 199.832 .ACRE TRACT OF LAND RECORDED IN VOLUME 6937, PAGE l74 OF THE REAL PROPERTY RECORDS OF LUBBOCK COLINTY, INCLUDING LOT 4B OF SPECTRA LUBBOCK SOUTHWEST, AN ADDITION TO THE CITY OF LUBBOCK, LUBBOCK COL'N"IY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT AND DEDICATION NO. 3006044435 OF THE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, AND LOCATED IN SECTION 28, BLOCK AK, LUBBOCK COUNTY, TEXAS, SAID 39.941 ACRE TRACT BEING FURTHER DESCR®ED BY METES AND BOUNDS AS FOLLOWS:- BEGINNING OLLOWS:BEGINNIING AT A I1r IRON ROD WITH CAP MARKED "STEVENS RPLS 4339" SET IN THE EAST LIME OF LOT 4A, SPECTRA LUBBOCK SOUF'HWIt. AN ADDITION TO THE CITY OF I.UBBOCK, LUBBOCK COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT AND DEDICATION NO. 200604443S OF THE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, AND S. 01° 49' 05" W. A DISTANCE OF 175.00 FEET FROM THE SOUTHWEST CORNER OF TRACT A-1, A REPLAT OF TRACT A, MONTEREY CHURCH OF CHRIST ADDITION, AN ADDITION TO THE CITY OF LUBBOCK. LUBBOCK COUNTY, TEXAS, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN VOLUME 10299, PAGE 264 OF THE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, FOR THE NORTHWEST CORNER OF THIS TRACT, HAVING COORDINATES OF NORTHING: 7,254079.842 AND EASTING: 916,426.179, TEXAS COORDINATE SYSTEM, TXNC ZONE 4202, NAD 83 (CORS 96). WHENCE THE NORTTIWES'T CORNER OF SECTION 28 BEARS N. 01* 49' 05" E. A DISTANCE OF 1001.91 FEET, N. Ol° 54' 20" E. A DISTANCE OF 55.00 FEET AND N. 880 05' 40" W. A DISTANCE OF 1360.47 FEET, PER C.ALI.ED DISTANCES IN SAID PLAT OF TRACT A-1 AND IN PREVIOUS WARRANTY DEEDS RECORDED IN VOLLNiE 6937, PAGES 174 AND 178 OF THE REAL PROPERTY RECORDS OF LUBBOCK COUNTY; THENCE S. 880 Il' Ol" I:., PARALLEL WITH THE SOUTH LINE OF SAID TRACT A-1 (PREVIOUS RECORD CALL: EAST), AT A DISTANCE OF 1250.20 FEET PASS A 1/2" IRON ROD WTTH CAP MARKED "SMVENS RPIS 4339" SET IN REFERENCE, CONTINUING FOR A TOTAL DISTANCE OF 128220 FEET TO A 1/2" IRON ROD WITH CAP MARKED "STEVENS RPLS 4339" SET IN THE EAST LINE OF SAID 199.832 ACRE TRACT FOR THE NORTHEAST CORNER OF THIS TRACT; THENCE S. 01° 45' 05" W., ALONG THE EAST LINE OF SAID 199.832 ACRE TRACT (PREVIOUS RECORD CALL: S. 00-- 02' 0"02' SW E.) AND ITE CENTERLINE OF IOI.A AVENUE AS DEDICATED BY THE PLATS OF REGAL PARK, ACCORDING TO THE MAPS OR PLATS THEREOF RECORDED IN VOLUME 8405, PAGE 286 AND VOLUME l0t14, PAGE 58 OF THE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, A DISTANCE OF 99297 FEET TO A PK NAZI. AND WASHER FOUND AT THE NORTHEAST CORNER OF THAT CERTAIN TRACT OF LAND CONVEYED TO LUBBOCK LAND INVESTMENTS 1, LP RECORDED IN VOLUME 10469, PAGE 124 OF THE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, FOR THE SOUTHEAST CORNER OF THIS TRACT; THENCE N. 88° HY OS" W., ALONG THE NORTH LINE OF SAID LUBBOCK LAND INVESTMENTS 1, LP TRACT, AT A DISTANCE OF 3200 FEET PASS A 1/2" IRON ROD WITH CAP MARKED "H. REED & ASSOCS" FOUND, CONTINUING FOR A TOTAL. DISTANCE OF 1118.38 FEET (PREVIOUS RECORD CALL- N. 880 09' SO" W., 1118.38 FEET) TO A 1/2- IRON ROD WITH CAP MARKED "FI. REED & ASSOCS' FOUND FOR A CORNFR OF THIS TRACT; THENCE N. 010 48' 45" E, ALONG A PORTION OF THE NORTH LINE OF SAID LUBBOCK LAND INVESTMENTS I, ILP TRACT, A DISTANCE OF 146.21 FEET (PREVIOUS RECORD CALL N. 01" 48' 13" E., 146.21 FEET) TO A 1/2" IRON ROD WT IM CAP MARKED "H. REED & ASSOCS" FOUND FOR A CORNER OF TIFTS TRACT; THENCE N. 88° 09' 49"W., ALONG THE NORTH LINE OF SAID LUBBOCK LAND INVESTMENTS 1. LP TRACT, A DISTANCE OF 1468.08 FEET (PREVIOUS RECORD CALL.: N. 886 10' 43" W.,1467.86 F'EE'D TO A 1 J?" IRON ROD WTTTi CAP MARKED "STEVENS RPLS 4339" SET IN THE EAST RIGHT-OF-WAY LINE OF MILWAUKEE AVENUE, AS DESCRIBED IN DEED RECORDED IN VOLUMF. 9735, PAGE 349 OF THE OFFICIAL PUBLIC RECORDS OF LUBBOCK COUNTY, FOR THE SOUTFIWEST CORNER OF THIS TRACT; THENCE N. 01° 43' 17 E., ALONG THE EXIST RIGHT-OF-WAY LINE OF MILWAUKEE .AVENUE (PREVIOUS RECORD CALL: N. 010 43' 58" E), A DISTANCE OF 29200 FEET TO A 5/8" IRON ROD FOUND AT THE SOUTHWEST CORNER OF 'TRACT A, W.A-MART SUPERCENTER. AN ADDITION TO THE CITY OF LUBBOCK, ACCORDING TO THE MAP OR PLAT THEREOF RECORDED IN PLAT AND DEDICATION NO. 2006024909 OF THE OFFICIAL PUBLIC RECORDS OF LUIBBOCK COUNTY. FOR TI FE HOST WESTERLY NORTI FWEST CORNER OF TI IIS TRACT; A -I Exhibit "1" 'f 1•IENCE S. 88° 09'S4" I-, ALONG THE SOU'T'H LINE OF SAID TRACT A, A DISTANCE OF 915.02 FEET {PREVIOUS RECORD CULL• S. 88° 1(Y 10" E., 914.93 FEET) TO A 5/8" IRON ROD WIT'll CTAP INTARKED "DUNAWAY ASSOC, INC" FOUND AT THE SOUTHEAST CORNER OF SAID TRACT A AND TI IE SOU'ITIWI:SI' CORNER OF I.OT 4B OF SAID SPECTRA LUBBOCK SOU `HWESI', FOR A CORNER OF THIS TRACT; THENCE N. 01" 49'50" 1-, ALONG THE CONWON LINE OF SAID TRACT A AND LOT 48, A DISTANCE OF 28259 FEET (PREVIOUS RECORD C. -ALL N. 01- 49' 50" E., 282.78 FEET) TO A 1/2" IRON ROD WITH CAP MARKED "STEVENS MLS 4339" SET AT THE WEST COMMON CORNER OF SAID LOTS 4A AND 4B FOR A CORNER OF THIS TRACT; THENCE S. 88° 10' 10" E., ALONG THE COMMON LINE OF SAID LOTS 4A AND 4B, A DISI INCE OF 388.52 FEET (PREVIOUS RECORD CALU S. 88° 19 10" 1?, 388.47 FEET) TO A 1/2" IRON ROD WITH CAP MARKED "STEVENS RPLS 4339" SET AT THE EAST COMMON CORNER OF SAID LOTS 4A AND 4B FOR A CORNER OF THIS TRACT; THENCE N. 010 49'05" E., ALONG THE EAST LINE OF SAID LOT 4A (PREVIOUS RECORD CALL:- N. 010 49' 14" E.), A DISTANCE OF 271.71 FEET TO THE POINT OF BEGINNING. A-2 Exhibit "1" a BETENBOUGH HOMES April 8, 2011 Cheryl Brock City of Lubbock, TX 1625 13" Street Lubbock, TX 79457 Re: Valencia, Public Improvement District Dear Honorable Mayor and City Council; Valencia is a residential development within the city limits of the City of Lubbock bound on the west by Milwaukee Avenue, the east by Iola Avenue, the north by Monterey Church of Christ, and the south by The Trails at Regal Park. We are proposing to create a Public Improvement District "PID" to maintain the public improvements for Valencia. In order to comply with the "Public Improvement District Policies and Guidelines", we are providing information as required in Section III. "Guidelines", b. "Petition Requirements". We are providing information regarding items 5-16, as follow: 5. If the there is sufficient support to petition to dissolve the Public Improvement District certain requirements in addition to sufficient support must be met in order to dissolve the PID. Those requirements include arrangements to transfer ownership and maintenance of the City owned and PID maintained property. These arrangements are to be made by the Advisory Board and with funds available to the Advisory Board 6. Map of the area is attached to this email to be added to the petition. 7. In regards to the procedure for the nomination of the PID Advisory Board, the process shall be consistent with the bylaws for Public Improvement Districts for the City of Lubbock. 8. Addressed in Section 2 of the petition. 9. City owned Iand in the distinct will be "Tract A & Tract B, Valencia, an addition to the City of Lubbock". 10. General description of proposed improvements in Section 2 of the petition. 11. The estimated total cost of the improvements is $200,000.00 and will be paid by developer with no desire for any reimbursement. The estimated cost of the maintenance is $18,000 per year and is to be paid for by the PID as soon as the funds are available. 12. Budget is attached in the service plan. Exhibit "I" BETENBOUGH HOMES 13. Method of assessment will be base on the net taxable value of the affected properties and will be assessed at $.11 per $100.00 valuation. 14. Documentation of liability insurance will be attached to this letter 0 15. Addressed in Section b of the petition 16. Addressed in Section 5 of the petition Hopefully this will provide all of the information requested to continue with the creation of the PID. Please let me know if you have any questions or require any additional information. Drew W\n Community Development Betenbough Homes Resolution No. 2011—RO310 R QQ S/ISOLMOM Wo00CM AL Y. MaLaw ! K000v'Ap1,, 1w6fp' AC R8310'A3Y. 1w2ev_ _ �� '1 Y0. ICMZ M. IK A1oM 000 0%00) alk r"-mv , tc Sa 31.08. ,Tnaa 3.101 P&M 50011Y1tt. Im w W"S AV" Ka"O"Ni. 11fam RC 150 "Ift. 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