Resolution No. 6316
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RESOLUTION NO. 6316
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A RESOLUTION OF THE CITY COUNCIL Y OF
VERNON APPROVING AND AUTHORIZING THE E CUTION
OF AN ALTERNATE HEARING EXAMINER AGR MENT BY
AND BETWEEN THE CITY OF VERNON AND AMES A.
MILLER RESPECTING THE DISPOSITION F CONTESTED
PARKING/STANDING VIOLATIONS IN CO PLIANCE WITH
THE VEHICLE CODE OF THE STATE OF CALIFORNIA
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WHEREAS, S 40200 of the Vehicle Code of the State of
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California provides that parking and sta ding violations shall be
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subject to civil penalties and not crimi al penalties; and
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WHEREAS, such violations initia ly will be handled by
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administrative procedure, and not by cou t hearing, and an appeal
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icle Code of the State of
therefrom, pursuant to S 40215 of
for
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California, will be referred to a
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esignated hearing examiner;
administrative
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and
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WHEREAS, the city Coun il desires the hearing examiner to
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and
and examine witnesses under oath;
conduct
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WHEREAS, the James A. Miller to
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serve as hearing examiner for the purpose of
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and disposition of contested
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citations in compliance with the Vehicle Code of
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the State 0
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EREAS, James A. Miller has the specialized knowledge
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of a person previously trained in traffic
and
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and is fully qualified to perform the services
by the City as specified in the Alternate Hearing
Examiner Agreement in order to ensure the effective and efficient
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adjudication of parking and standing citations in a fair and
impartial manner.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VERNON AS FOLLOWS:
SECTION 1: The City Council of the City of Vernon hereby
finds and determines that the recitals contained hereinabove are
true and correct.
SECTION 2: The City Council of the city of Vernon hereby
approves the Alternate Hearing Examiner Agreement, a copy of which
has been presented to the City Council concurrently with this
resolution, and the city Council hereby orders said Agreement to
be received and filed by the City Clerk.
SECTION 3: The City Council of the City of Vernon hereby
authorizes the Mayor and City Clerk to execute said Agreement for,
and on behalf of, the City of Vernon.
SECTION 4: The City Council hereby authorizes the
alternate hearing examiner to conduct hearings on appeals from
parking and standing citations, to swear in witnesses under
penalty of perjury, and to take and record the testimony of such
witnesses.
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SECTION 5: The City Clerk of the City of Vernon shall
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certify to the passage of this resolution, and thereupon and
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thereafter the same shall be in full force and effect.
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APPROVED AND ADOPTED this 7th day of September, 1993.
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LEONIS C. MALBURG, Mayor
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ATTEST:
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BRUCE V. MALKENHORST, City Clerk
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STATE OF CALIFORNIA )
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COUNTY OF LOS ANGELES )
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I, BRUCE V. MALKENHORST, City Clerk of the City of
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Vernon, do hereby certify that the foregoing Resolution, being
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Resolution No. 6316, was duly adopted by the City Council of the
City of Vernon at a regular meeting of the City Council duly held
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on Tuesday, September 7. 1993, and thereafter was duly signed by
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the Mayor of the City of Vernon.
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BRUCE V. MALKENHORST, City Clerk
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(SEAL)
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ALTERNATE HEARING EXAMINER AGREEMENT
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THIS AGREEMENT is made, entered into and executed in
duplicate originals, either copy of which may be considered and used
as th~original hereof for all purposes, effective as of the 1st day
of sept~mber, 1993.
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BY AND B~WEEN
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THE CITY OF VERNON (hereinafter
referred to as "City")
4305 Santa Fe Avenue
Vernon, CA 90058-0805
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standing violations have been
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the State of california,
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JAMES A. MILLER (hereinafter
referred to as "Contractor")
9327 Parrot Street
Downey, CA 90240
(310) 928-3539
RECITALS:
to Section 40200 of the Vehicle Code of
declared to be
subject
civil penalties and not criminal
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penalties; and
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WHEREAS, such violat:f'9ns initially will be handled by
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administrative procedure, and not\bY court hearing, and an appeal
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therefrom, pursuant to Section 40i~5 of the Vehicle Code of the
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State of California, will be referreq to a hearing examiner for
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administrative review; and
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WHEREAS, the position of hearing examiner requires the
specialized knowledge and professional skills',?f a person previously
trained in traffic enforcement in order to ensure the effective and
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efficient adjudication of parking and standing citations in a fair
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and impartial manner, and the Contractor is fully qualified to
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perform the services required by the City, as hereinafter specified;
and
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WHEREAS, it is the desire of the City to hire the
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Contractor as an alternate hearing examiner for the purpose of
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providing the hearing and disposition of contested parking/standing
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citations in compliance with the Vehicle Code of the State of
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California.
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NOW, THEREFORE, IN CONSIDERATION OF THESE MUTUAL COVENANTS,
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THE PARTIES HERETO AGREE AS FOLLOWS:
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SECTION 1: Scope of Services.
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The services to be provided are described in the Scope of
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Services for Hearings attached hereto as Exhibit A, and made a part
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hereof by reference.
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SECTION 2: Performance.
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The Contractor agrees that all services provided shall be
conducted solely by the Contractor and that services will performed
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and rendered diligently in conformance to the City of Vernon
procedure for hearings with regard to parking and standing citations
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as approved by the City council of the City of Vernon.
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SECTION 3: Independent Contractor.
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(a) The Contractor is an independent contractor and shall
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have no power or authority to incur any debt, obligation or
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liability on behalf of the City.
No act or omission of the
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Contractor in the course of performing any services under this
Agreement shall be deemed or construed to make the Contractor an
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agent, employee, associate, partner or joint venturer of the city.
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The Contractor's services hereunder shall be performed in such
manner as the Contractor may,
in the exercise of reasonable
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discretion, deem appropriate and beneficial for the city.
The
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Contractor shall be responsible for determining the means and
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methods for performing the services required hereunder.
(b) The Contractor shall not be eligible for, nor claim
any benefits under, the Public Employee's Retirement System, State
Unemployment Insurance, Disability Insurance, Workers' Compensation
Insurance, or other benefits through the City as such benefits are
commonly conferred upon employees of the City; provided, however,
that nothing contained herein shall be deemed to affect any benefits
which may have accrued to the Contractor while employed by any other
public or private employer, whether prior to or after the effective
date of this Agreement.
(c) Nothing contained in this Agreement shall be deemed to
preclude the Contractor from performing services of the nature
specified herein, or any other services, for other public agencies
or private entities.
(d) In performing the services required hereunder, the
Contractor will provide his own vehicle at no additional expense to
the City.
SECTION 4: Contractor's Compensation.
(a) The compensation to be paid by the City to the
Contractor for all services rendered pursuant to this Agreement
shall be the sum of Fifteen Dollars ($15.00) per hour.
(b) The Contractor shall have sole responsibility for
reporting to the State and Federal governments all compensation
received as a result of the services performed hereunder. The City
shall have no responsibility for submitting reports for income tax
purposes.
(c) The Contractor shall submit written invoices for
payment by the City giving the details and number of hours for each
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case heard.
SECTION 5: Term of Aqreement.
(a) This Agreement shall become effective upon the date of
execution and shall remain in full force and effect for a period of
one (1) year, subject to the termination provisions set forth below
in paragraph (b). This Agreement may be extended on an annual basis
by written agreement of the parties.
(b) Either party may terminate this Agreement at any time
upon providing the other party with not less than thirty (30) days
prior written notice, unless a shorter period is acceptable to both
parties; provided that, except in case of an emergency, no
termination by the Contractor shall be effective until all continued
hearings have been completed.
SECTION 6: Indemnification and Insurance.
(a) The Contractor shall defend, indemnify and hold
harmless the City, its officers, agents and employees, from and
against any liability, claims, demands, damages, suits, causes of
action, losses, costs or expenses including, but not limited to,
court costs and attorneys' fees, arising out of or attributable to
the Contractor's performance of this Agreement.
(b) The Contractor shall, during the term of this
Agreement, procure and maintain insurance and provide proof thereof
in accordance with the following schedule:
(i) Worker's compensation insurance coverage as
prescribed by the State of California.
(ii) Comprehensive general liability policy to
include errors and omissions coverage with $500,000 single limit
liability.
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(c) The Contractor shall furnish the city with
certificates of insurance, evidencing the required coverages. The
Contractor shall name the City, its officers and employees, as
additional insureds on the comprehensive general liability insurance
policy. All certificates shall provide that each insurance carrier
shall give the City thirty (30) days written notice prior to any
action by the carrier to reduce or terminate the policy.
SECTION 7: Assiqnment.
Nei ther the City nor the Contractor shall assign this
Agreement, nor shall the Contractor assign any monies to be received
hereunder, without the pr ior written consent of the City, which
consent shall not be unreasonably withheld.
SECTION 8: Entire Aqreement and Amendments.
(a) This Agreement supersedes all prior proposals,
agreements, and understandings between the parties and may not be
modified or terminated orally.
(b) No attempted waiver of any of the provisions hereof,
nor any modification in the nature, extent or duration of the
services to be performed by the Contractor hereunder, shall be
binding unless in writing and signed by the party against whom the
same is sought to be enforced.
SECTION 9: Resolution of Disputes.
(a) Disputes regarding the interpretation or application
of any provisions of this Agreement shall, to the extent reasonably
feasible, be resolved through good faith negotiations between the
parties.
enforce
(b) If any action at law or
or interpret any provisions
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in equity is brought to
of this Agreement, the
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prevailing party in such action shall be entitled to reasonable
attorney's fees, costs and necessary disbursements, in addition to
such other relief as may be sought and awarded.
SECTION 10: Ownership.
All documents, records, tape recordings, and computer
entries prepared pursuant to this Agreement shall be the property of
the City.
SECTION 11: Governinq.
This Agreement shall be governed by the laws of the State
of California.
IN WITNESS WHEREOF, the parties hereto have caused this
Agreement to be executed and attested by their respective officers
or representatives, duly authorized, as of the date, month and year
first above written.
CITY OF VERNON
By:
LEONIS C. MALBURG, Mayor
ATTEST:
By:
BRUCE V. MALKENHORST, City Clerk
APPROVED AS TO FORM:
By:
DAVID B. BREARLEY, City Attorney
CONTRACTOR
By:
JAMES A. MILLER
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EXHIBIT A
SCOPE OF SERVICES FOR HEARINGS
Conduct hearings for contested parking and standing citations.
Tape record all hearing proceedings.
Make a pre-hearing statement.
Read the citation into the record.
Administer the oath.
Record the name and address of the respondent and all
witnesses, if any.
Record the registered owner's name and address and the
respondent's relationship to the registered owner.
Examine the citation for defects.
Hear and examine the respondent, any witnesses, and all
evidence.
Continue hearings when appropriate.
Weigh the evidence.
Render a fair and impartial decision.
Record the disposition on the Hearing Disposition form.
Insure that the case file has all pertinent forms and
documents.
EXHIBIT A
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City Council Minutes
page 6
September 21, 1993
RESOLUTION NO. 6326 - A Resolution of the City
Council of the City of Vernon Approving and Adopting an Emergency
Plan Entitled the "Multi-Hazard Functional Plan", was presented.
It was moved by McCormick, seconded by Davis that
Resolution No. 6326 be approved and adopted. Motion carried.
Communication from Fire Chief Dave Telford, dated
September 16, 1993, was presented, requesting authority and funds
for Firefighters Todd Schoenig, Mike Rogers and Darren Simpkins
to attend the Safety & Survival on the Fire Ground Course in
Buena Park, October 1, 1993, with a registration fee of $60 each.
It was moved by Ybarra, seconded by Gonzales, that
authority be granted for Firefighters Todd Schoenig, Mike Rogers
and Darren Simpkins to attend the Safety & Survival on the Fire
Ground Course in Buena Park, October 1, 1993, with a registration
fee of $60 each. Motion carried.
Communication from Bruce V. Malkenhorst, City Clerk,
dated September 16, 1993, was presented, transmitting the
Mandated Cost (SB 90) Claiming Agreement for Fiscal Year 1993-94
with David M. Griffith and Associates which provides for services
in connection with filing of claims for reimbursable state
mandated costs. The claiming process has now been changed
requiring two separate reporting periods; however, the fixed fee
for these services has been reduced to $4500. To date, for
Fiscal Year 1992-93, the City has been reimbursed $44,521. This
has been reviewed by the Director of Environmental Health and the
City Attorney, and it is hereby recommended that said agreement
be approved and executed.
It was moved by McCormick, seconded by Gonzales, that
the communication from the City Clerk dated September 16, 1993 be
received and filed and that his recommendation be approved.
Motion carried.
RESOLUTION NO. 6327 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of an Agreement to Provide Mandated Cost Claiming
Services By and Between the City of Vernon and David M. Griffith
and Associates, Ltd. for Fiscal Year 1993-1994, was presented.
It was moved by McCormick, seconded by Ybarra, that
Resolution No. 6327 be approved and adopted. Motion carried.
RESOLUTION NO. 6320 - A Resolution of the City
Council of the City of Vernon Adopting a City of Vernon Procedure
for Hearings on Parking and Standing citations, was presented.
It was moved by Ybarra, seconded by Davis, that
Resolution No. 6320 be approved and adopted. Motion carried.
RESOLUTION NO. 6323 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of a Revised Hearing Examiner Agreement By and Between
the City of Vernon and Lloyd B. Carter Respecting the Disposition
of Contested Parking/Standing Violations in Compliance with the
Vehicle Code of the State of California and Repealing Resolution
No. 6314, was presented.
It was moved by Gonzales, seconded by McCormick, that
Resolution No. 6323 be approved and adopted. Motion carried.
RESOLUTION NO. 6324 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of a Revised Alternate Hearing Examiner Agreement By
and Between the City of Vernon and James A. Miller Respecting the
Disposition of Contested Parking/standing violations in
Compliance with the Vehicle Code of the State of California and
Repealing Resolution No. 6316, was presented.
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City Council Minutes
page 7
September 21, 1993
It was moved by Davis, seconded by Ybarra, that
Resolution No. 6324 be approved and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Personnel, dated September 16, 1993, was presented, transmitting
the Agenda for the Personnel Committee Meeting to be held
September 20, 1993 for approval of the recommendations contained
therein.
It was moved by McCormick, seconded by Gonzales, that
the recommendations listed on the Agenda for the Personnel
Committee Meeting held September 20, 1993 be approved as
submitted and adopted. Motion carried.
Communication from Bruce V. Malkenhorst, Director of
Finance, dated September 16, 1993, was presented, transmitting
the Agenda for the Adjourned Regular Finance Committee Meeting to
be held September 16, 1993, for approval of the recommendations
contained therein.
It was moved by Ybarra, seconded by Davis, that the
recommendations listed on the Agenda for the Adjourned Regular
Finance Committee Meeting held September 16, 1993, be approved as
submitted and adopted. Motion carried.
RESOLUTION NO. 6321 - A Resolution of the City
Council of the City of Vernon Superseding Resolution Nos. 6014,
6047, 6153 and 6171 and Establishing the Rates for Business
License Taxes and Related Fees and Deposits Pursuant to Chapter
15 of the Vernon City Code, was presented.
It was moved by Gonzales, seconded by Davis, that
Resolution No. 6321 be approved and adopted. Motion carried.
RESOLUTION NO. 6325 - A Resolution of the City
Council of the City of Vernon Approving and Authorizing the
Execution of an Equipment Maintenance Agreement (10/1/93 Through
9/30/94) By and Between the City of Vernon and A.L.
Communications, Inc. for Maintenance of the Fire Department's
Strata Basic Telephone Systems, was presented.
It was moved by Ybarra, seconded by McCormick, that
Resolution No. 6325 be approved and adopted. Motion carried.
WARRANT REGISTER NO. 872 covering claims and demands
presented during the period of September 3 thru 16, 1993, drawn
on the First Interstate Bank totaling $216,157.85, which includes
Demand Nos. 43617 thru 43779 (inclusive), excluding Light & Power
Demands and Void Demand Nos. 43656 thru 43658 (inclusive) and
43742 (accounting period September, 1993) was examined and
audited.
It was moved by Davis, seconded by McCormick, that
Warrant Register No. 872 be approved and payment authorized for
claims and demands totaling $216,157.85, excluding Light and
Power Demands. Motion carried.
WARRANT REGISTER NO. 872 covering claims and demands
presented during the period of September 3 thru 16, 1993, drawn
on the First Interstate Bank totaling $3,287,146.22, which
includes Light & Power Demand Nos. as listed below (accounting
period September, 1993) was examined and audited:
43623
43624
43627
43638
43639
43642
43643
43648
43662
43664
43672
43678
43681
43682
43685
43686
43688
43700
43705
43706
43708
43712
43713
43726
43728
43737
43743
43746
43749
43754
43759
43761
43762
43766
43772
43773
43777
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