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HomeMy WebLinkAboutR-01-0818J-01-674 7/26/01 RESOLUTION NO. 01— 81. 8 A RESOLUTION OF' TRE MIAMI CITY COMMISSION, WITII ATTACHMENTS, RESCINDING, IN ITS ENTIRETY, RESOLUTION NO. 01-589, ADOPTED JUNE 14, 2001, AND SUB'STI'TUTING IN LIEU THEREOF, TI -IE HEREIN RESOLUTION RELATING TO THE PROVISION OF FIRE SERVICES, FACILITIES AND PROGRAMS IN THE CITY OF MIAMI, FLORIDA; ESTABLISHING THE ESTIMATED ASSESSMENT RATE FOR FIRE ASSESSMENTS FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 2001, IN ACCORDANCE WITH THE CITY OF MIAMI FIVE-YEAR PLAN; PROVIDING FOR NEW DEFINITIONS; DIRECTING THE PREPARATION OF ISN ASSESSMENT ROLL; AUTHORIZING A PUBLIC HEARING FOR SEPTEMBER 13, 2001, AND DIRECTING THE PROVISION OF NO'TIC'E TIIEREOF; AND PROVIDING AN EFFECTIVE DATE. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF' MIAMI, FLORIDA: SECTION 1. Resolution No. 01-589, adopted June 14, 2001, is rescinded, in its entirety. SECTION 2. AUTHORITY. This Resolution is adopted pursuant to the provisions of the Fire Rescue Assessment Ordinance (Ordinance No. 11584), the Initial Assessment Resolution (Resolution No. 98-325), the Final Assessment Resolution (Resolution No. 98-419), Sections 1.66.021 and 166.041, Florida Statutes, and in accordance with the City of Miami Five Year Plan and other, applicable—p-r-0om:. ons of: law. ATTACHMENT �uvp ��ll�riton hoot • • SECTION 3. PURPOSE. T:is Resolution constitutes the Preliminary Rate Reso.uta.on as defined in the Ordinance which initiates the annual process for updating the Assessment Roll and directs the imposition_ of Fire Assessments for the Fiscal Year beginning October 1, 2001, SECTION 4. DFFINTTIONS. All. capitalized words and terms not otherwise defined herein shall. have the meanings set forth in the Ordinance, the Initial Assessment Resolution and the Final Assessment Resolution. Unless the context indicates otherwise, words imparting the singular number, include the plural number, and vice versa. As used in this Resolution, the following words and terms shall be defined as follows: Annual Ra t:e Resol u t_i.on mc-:! anti- the resolution establishing the rat -.e at which a Fire Assessment for a specific year w--.1.1 be computed. The Final Assessment Resolution shall constitute- the Annual Rate Resolution for this fiscal year. Assessed Prope.r.Ly means all parcels of land included on the Assessment Roll that receive a special benefit from the delivery of the fire services, programs, or facilities identified in the initial Assessment Resolution or the Preliminary Rate Resolution. Assessment Roll mea:zs i1 special assessment- roll relating to a Fire Assessmerit approved by a Final Assessment Resolution or an Annual Rate Resolution. Final. Assessment Resolution means the resolution which shall confirm, ❑iodj.ty, or repeal the initial Assessment Resolution and which shall be the final proceeding for the i niposit:iori of the Fire Assessment. Paye 2 of 7.1 01- 818 Fire Assessed Cost means the amount determined by the City Commission to be assessed in this fiscal year to fund all or any portion of the cost of the provision of fire services, facilities, or programs which provide a special benefit to Assessed Property. Fire Assessment means a special assessment lawfully imposed by the City against assessed property to fund the Fire Assessed Cost :imposed to fund all or any portion of the cost of the provision of fire services, facilities, or programs providing a special benefit- to property as a consequence of possessing a logical relationsh4'P to the value, use, or. characteristics of property identified in this Initial Assessment Resolution. Initial Assessn;e t: Resolution means the resolution which shall be- the initial proceeding for the identification of the Fire Assessed Cost for which an assessment is to be made and for the imposition of the Fire Assessment. Preliminary Rate Resolution means the resolution initiating the annual process for updating the Assessment Roll and directing the imposition of the Fire Assessment pursuant the Annual Rate: Resolution. SECTION S. PROVISION AND FLWD:NG OF FIRE SERVICES. (A) Upon the imposition. of Fire Assessments for fire services, facilities, or programs against Assessed Property located within the City, the Cit -y shall. provide fire services to such Assessed Property. A portion at the cost to provide such fire services, facilities, or programs shall be funded from proceeds of the Fire Assessments. The remaining required costs to provide fire services, facilities, and programs shall be funded by available City revenues other than Fire Assessment proceeds. (I3) It is ascer. }LLained, determined, and declared that each Page 3 of 1.1 0 1— 818 parcel of Assessed Property located within the City will be benefited by the Ci.ty's provision of fire services, facilities, and programs in an amount not less than the Fire Assessment imposed against such parcel, computed in the manner set forth in this Preliminary Rate Resolution. SECTION 6. IMPOSITION AND COMMUTATION OF FIRE ASSESSMENTS. Fire Assessments shall be imposed against all Tax Parcels within the Properly Use Categories. Fire Assessments shall be computed ii -.i the manner set forth in this Preliminary Rate Resolution.. SECTION 7. LEGISLATIVE DETERMINATIONS OF SPECIAL BENErFIT AND FAIR APPORTIONMENT. The legislative determinations of special benefit and fair apportionment embodied in the Ordinance, the Initial Assessment Resolution, and the Final Assessment Resolution are affirmed and incorporated herein by reference, SECTION 8. COSI' APPORTIONMENT AND PARCEL APPORTIONMENT METHODOLOGIES. The Cost Appor.tiorimen. and Parcel. Apportionment and the applicable explanatory appendices embodied and incorporated in the Initial Assessment Resolution and Final Assessment Resolution are affirmed and incorporated herein by reference. Page 4 of 1.1. d i -- 51.8 SECTION 9. DETERMINATION OF FIRE ASSESSED COSTS; ESTABhISHMENT OF ANNUAL FIRE ASSESSMENT. (A) The Fire: Assessed Costs to be assessed and apportioned among benefited parcels pursuant to the Cost Apportionment and the Parcel Apportionment for the Fiscal Year commencing October 1., 2001, _s the amount determined in the Estimated Fire Assessment Rate Schedule, attached hereto as "Appendix A." The approval of the Estimated Fire Assessment Rate Schedule by the adoption of: this Preliminary Rate Resolution determines the amount of the Fire Assessed Costs. The remainder of such Fiscal Year budget for fire services, facilities, and programs shall be funded from available C-ty reveal --e other than Fire Assessment proceeds. (B) The estimated Fire Assessments specified in the Estimated Fire A,sessment Rate Schedule are established to fund the specified Fire Assessed Costs determined to be assessed in the fiscal Year coi.imenc.i.na October 1, 2001. No portion of such Fire Assessed Costs are attributable to capital improvements necessitated by new growth or development. (C) Institutional Property, whose use is wholly exempt from ad valorem taxation under Florida law, provides facilities and uses to the ownership, occupanr_s, membership, as well as the public in general that otherwise might be requested or required to be provided by the City and such use thereof serves a legitimate public purposo and provides a public benefit. Page 5 of 3.1 QQ Therefore, it is fair and reasonable not to impose Fire Assessments upon such Institutional Property whose use is also wholly exempt from ad valorem taxation under Florida law. (D) Public hcusing is intended to relieve a shortage of safe or sanitary dwelling accommodations available at rents which persons of low income can afford and avoid conditions which otherwise might necessitate t:he further expenditures of: public funds. The existence of public housing is recognized as serving a public purpose and providing a public benefit. Therefore, it is fair and reasonable not to impose Fire Assessments upon Public Housing Property. (F) it is ascertained, dezermi.ned and declared that it is in the best interest of the citizens of. the City of Miami to assist very low income residential property owners with the financial burden created by the imposition of a Fire Assessment. Accordingly, the City elects to continue to assist residential property owners who qualify for Ylorida's Homestead Property Tax Deferral Program pursuant to Sections 197.212 through 197.253, Florida Statutes. All qualified applicants who receive such a Homestead Tar. Deferral for the Fiscal Year in which the Fire Assessment is being imposed shall have their Fire Assessment paid by the City from legally available funds other than those derived from the Fire Assessment- proceeds. (F) Provided, however, any shortfall in the expected Fire Assessment proceeds due to any reduction or exemption from Page 6 of 11. U I" 818 payment of .the Fire Assessments required by law or authorized by the City Commission shall. be supplemented by any legally available funds, or combination of such funds, and shall not be paid for by proceeds of funds derived from the Fire Assessments. It is the Legislative dezerminatlon of the City Commission that - in the event a court of competent jurisdiction determines any exemption or reduction by the City Commission is improper or otherwise adversely affects the validity of the Fire Assessment imposed for this fiscal. Year, the sole and exclusive remedy shall be the imposition of a Fire Assessment upon each affected Tax Parcel in the amount of the Fire Assessment that would have been otherwise imposed save and except for such reduction or exemption afforded to such Tax Parcel by the City Commission. (G) The estimated Fire Assessments established in this Preliminary Rate Resolution shall. be the estimated assessment rates applied by the City Manager in the preparation of the updated Assessment Roll for the Fiscal Year commencing October 1, 2001, as provided in Section 9 of this Preliminary Rate Resolution. SECTION 10. ANNUAL ASSESSMENT ROLL. (A) The City Manager is directed to prepare, or cause to be prepared, an updated Assessment Roll for the Fiscal Year commencing October 1., 2001., in the manner provided in the Ordinance. The updated Assessment Roll shall include all Tax Page 7 of 11 U i S f o Parcels within the Property Use Categories. The City Mariager shall apportion the estimated 1 -'ire Assessed Cost to be recovered through Fire Assessments in the manner set forth in this Preliminary Rate Resolution. A copy of this Preliminary Rate Resolution, the Ordinance, the Initial. Assessment Resolution, the Final. Assessment Resolution, and the updated Assessment Roll shall be maintained on file in the Office of the City Cleric and opened to public inspection. The foregoing shall not be construed to require that the updated Assessment Roll. proposed for the Fiscal Year beginning October 1, 2001, be in printed form if the amount of ti -ie Fire Assess=ment for each parcel of property car_ be determined by the awe of a computer terminal available to the public. (B) In determining the estimated Fire Assessment for any Tax Parcel, the updated Assessment Roll shall include, pursuant to Section 19.5-20(B) of the Ordinance, an amount equivalent to any delinquent Fire Assessment imposed for a prior fiscal year, together with any costs, fees or expenses attributable thereto. (C) It is ascertained, determined, and declared that the method of determining the Fire Assessments for fire services as set forth in the Initial Assessment Resolution, the Final Assessment Resolution: and this Preliminary Rate Resolution is a fair and reasonable method of apportioning the Fire Assessed Cost. among parcels of Assessed Property -located within the City. Page 8 of 11 J►1— 818 SECTION 1.7.. AUTHORIZATION OF PUBLIC HEARING. There is established a public heiarirg ::o be held at 5:05 p.m. on September_ 13, 2001, in the City Commission Chambery of City Hall, 3500 Pan American Drive, Miami., Florida, at which time the City Commission will receive and consider any comments on the Fire Assessments from the pL:bl.i.c and. affected property owners and consider imposing Fire Assessments for the Fiscal Year beginning October. 1., 2001., and collecting such aysessmenLs on the same bill. as ad valorem taxes. SECTION 12. NOTICE BY PUBLICATION. The City Manager shall publish a notice of the public hearing authorized by Section 10 of this Preliminary Rate Resolution in the manner and time provided in Section 19.5-23 of the Ordinance. The notice shall. be published no later than August 24, 2001, in substantially the Lorm attached here.:o as "Appendix B." SECTION 13, NOTICE BY MAIL. (A) Pursuant to Section 200.069(13)(a), Florida Statutes, and with agreement of the Property Appraiser, the City Commission elects to combine novice o rhe public hearing authorized by Section 10 hereof with the truth-in-millage notification required pursuant to ,Section 200.069, Florida Statutes. Such mailed notice shall be in the forin required by Section 200.069(13)(a), Florida Statutes, and provide all, of the information required by the Uniform Assessment- Collection Act and the Ordinance necessary Page 9 of 11 0 . " 8-4.8 to impose Fire Asseasments for the Fiscal Year beginning October 1, 2001. (B) By August 10, 2001, the City Manager shall make the determination whether the Property Appraiser is able and willing to timely combine the mailed notice provided for in Subsection (A) of this Section with the truth-in-millage notification required pursuant to Section 200.069, Florida Statutes. If the City Manager determines the Property Appraiser is unable or unwil.J..ing to timely combine the mailed notice provided for. in Subsection (A) o". t. -his Section with the truth-in- mi.l.lage notification required pursuant to Section 200.069, Florida Statutes, then the City Manager is authorized and directed to provide notice by first class mail to the Owner of each parcel of Assessed Property, as required by Section 19.5--11 of the ordinance. Such Ilotice shell be! in substantially the form attached hereto as "Appendix C." Such notices shall be mailed no later than August 24, 2001. SECTION 14. APPL,ICATI'ON OF ASSESSMENT PROCEEDS. Proceeds derived by the City from the .Fire Assessments will be utilized for the provision of fire services, facilities, and programs. In the event there is any fund balance remaining at the end of. the Fiscal Year, such balance shall be carried forward and used only to fund fire services, facilities, and programs. Page 1.0 of 11 01- 81.8 • 0 SECTION 15. EFFECTIVE DATE. The provisions contained in this Preliminary Rate Re80 ULA 01: shall take effect immediately upon its passage and adoption. SECTION 16. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.-/ PASSED AND ADOPTED this 26th y of _ Ju1y�, 2001. 1 J07, CAROLLO, MAYOR Please Note: The signature that is recorded on this resolution is only being provided to ensure that this document is timely submitted to Miami -Dade County's Tax 1�TAAssessment Office. My signature is in no way an endorsement of an incrcase in the lire assessment or Solid waste fee. At this time, 1 do not support an increase in either fee. L. E CITY CLERK APPROVED ;011,, TTORNEY 5529:GKW:BSS CORRECTNESS: If: the Mayor does noL. sign this Realution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this; Resolutaion, it shall become effective immediately upon override of the voto by the city Commission. Page 11 of 11 01- 81.8 0 APPENDIX A ESTIMATED FIRE ASSESSMENT RATE SCHEDULE 0 APPENDIX A ESTIMATED FIRE ASSESSMENT RATE SCHEDULE SECTION A-1. DETERMINATION OF FIRE ASSESSED COSTS. The estimated Fire Assessed Costs to be assessed for the Fiscal Year commencing Oc_ober 1, 2001, is $21,446,050. SECTION A-2. ESTIMATED FIRE ASSESSMENTS. The estimated Fire Assessments to be assessed and apportioned among benefited parcels pursuant, to the Cost Apportionment and Parcel Apportionment to generate the estimated Fire Assessed Cost for the Fiscal Year commencing October 1., 2001, are established as follows for the purpose of this Preliminary Rate Resolution: RESIDENTIAL PROPERTY USE CATEGORIES Rate Per Dwelling Unit _ �$ Single Family - 70.0_0 Multi -Family $ 83.1)0 Public Housing _ $268.00 ON -RESIDENTIAL PROPERTY USE CATEGORIES _ _ Building Classification (in square foot ranges) Commercia 1 Industrial/Institutional Warehouse < 1,999 $142 $53 $150 2,000 - 3,499 $285 $105 $300 3,500 - 4,999 $498 $784 $526 5,000 - 9,999 $712 $263 $751 10, 0_0_0 19,999$1,424 $526 $1,502 20,000 - 29,999 _ $2,848 $1,051 $3,005 30,000 - 39,999 $4,271 $1,577 $4,507 40,000 - 49,999 $5,695 $2,103 $6,010 50,000 - 59,999 $7,119 $2,628 $7,512 60,000 - 69,999 $8,543 $3,154 $9,014 70,000 - 79,999 $9,967 $3,680 $10,517 80,000 - 89,999 _ $1.1,390 $4,206 $12,019 90,000 - 99,999 $12,814 $4,731 $13,521 1.00,000 - 124,999 $14,238 $5,257 $15,024 125,000 - 149,999 $17,797 $6,571 $18,780 150,000 - 174,999 $21,357 $7,885 $22,536 175,000 - 199,999 $24,916 $9,200 $26,292 >200,000 $28,476 $10,514 $30,048 A -t r APPENDIX B FORM OF NOTICE TO BE PUBLISHED To Be Published by august 39, 2001. [INSERT MAP OF CITY] NOTICE OF HEAR.TNG TO IMPOSE AND PROVIDE FOR COLLECTION OF FIRE SPECIAL ASSESSMENTS Notice is given that the City Commission of the City of Miami will. conduct a public hearing to consider imposing special assessments for the provision of fire :services within the City of Miami. for the Fiscal. Year beginning October 1, 2001. The hearing will 'Ibo held at 5:05 p.m. on September 13, 2001, in the City Commission Chambers of City Hall, 3500 Pan American Drive, Miami, Florida, for the purpose of receiving public comment on the proposed assessments. All. affected property owners have a right to appear at the hearing aid to file written objections with the City Commission within 20 days of chis notice. If a person decides to appeal any decision made by the City Commission with respect to any matter considered at the hearing, such person will need a record of the proceedings and may need to ensure that a verbatim record is made, including tho, testimony and evidence upon which the appeal is to be made. J.n accordance with the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk at (305) 250•.5360 at '!vast seven days prior to the date B-1 • of the hearing. The assessment for each parcel of property will be based upon each parcel's classification and the total number of billing units attributed to that parcel. The following table reflects the proposed fire assessment schedule.. Pursuant to Section 8 of the Preliminary Rate Resolution (Resolution No. 98-773), the City Commission has ascertained, determined, and declared that institutional Properties provide facilities and uses to the ownership, occupants, membership, as well as the public in general that otherwise might be requested or RESIDENTIAL PROPERTY USE CATEGORIES Rate Per Dwelling Unit Single Family $ 70.00 Multi. -Family _ $ 83.00 _ Public Housing i $268.00 ON -RESIDENTIAL PROPERTY USE CATEGORIES Building Classification (in square foot ranges) Commercia Industrial/Institutional 1 Warehouse < 1,999 $142 $53 $150 2,000 - 3,499 $285 $105 $300 3,500 - 4,999 $498 $184 $526 5,000 9, 999 + $712 $263 $'/Sl - 75110,000 __ '_10,00019,999 $1,424 $526 $1,502 20,000 - 29,999 $2,848 $1,051 $3,005 30,000 - 39,999 $4,271. $1,577 $4,507 40,000 49,999 $5,695 $2,103 $6,010 50,000 - 59,999 _ ;7,1.19 $2,628 $7,512 60,000 - 69,99_9 �! $8,543 $3,154 $9,014 70,000 - 79,999 $9,967 $3,680 $10,517 80,000 - 89,999 $11, 390 $/1,206 $12,019 90,000 - 99,999 $12,814 $4,731 $13,521 :i-00, 000'----124,999 _ $1.4,236 $5,257 $15,024 125,000 149,999 $17,797_ $6,571 $18,780 150,000 - 174,999 $21,357-T $7,885 $22,536 1'15,000 - 199,999 $24,916 $9,2001 $26,292 X200,000 $28,476 $10,514 $30,048 Pursuant to Section 8 of the Preliminary Rate Resolution (Resolution No. 98-773), the City Commission has ascertained, determined, and declared that institutional Properties provide facilities and uses to the ownership, occupants, membership, as well as the public in general that otherwise might be requested or required to be provided by the City and such use thereof serves a legitimate public purpose and provides a public benefit. Therefore, it is fair and reasonable not to impose Fire Assessments upon such Institutional Property whose use is. also wholly exempt from ad valorem taxation under Florida Law, which typically describes improved parcels which are neither residential, commercial or industrial in use, and are predominately used for educational, governmental, eleemosynary, community service, religious, cultural, .Literary, health care, benevolent and scientific purposes. Pursuant to Section 8 oL the Preliminary Rate Resolution the City Commission has ascertained, determined, and declared that Public Housing Property relieves a shortage of safe or sanitary dwelling accommodations available at rents which persons of low income can afford and avoids conditions which otherwise might necessitate the further expenditure: of public funds. Therefore, it is fair and reasonable not to impose Fire Assessments upon Public Housing Property. Any shortfall in the expected Fire ,Assessment proceeds due to any reduction or exemption from. payment of the Fire Assessments required by law or autnor_i %ed by the City Commission sha'l'l be supplemented by any legally available funds, or combination of such funds, and shall not be paid for by proceeds of funds derived from the Fire Assessments. The City Commission has also made the legislative determination that in the event a court of competent jurisdiction determines any exemption or reduction by the City B-3 Commission is improper or otherwise adversely affects the validity of the Fire Assessments imposed for this Fiscal Year, the sole and exclusive remedy shall be the imposition of a Fire Assessment upon each affected tax parcel in the amount of the Fire Assessment that would have been otherwise imposed save and except for such reduction or exemption afforded to such tax parcel by the City Commission. Copies of the Fire Rescue Assessment ordinance (Ordinance No. 11584), the Initial Assessment Resolution (Resolution No. 98-325), the Final Assessment Resolution (Resolution No. 98-419), the Preliminary Rate Resolution (Resolution No. 98-773), and the amendment thereto, initiating the annual process of updating the Assessment Roll and imposing the Fire Assessmenta, and the preliminary Assessment Roll for the upcoming fiscal year are available for inspection at the office of the City Clerk of Miami, Florida, 3500 Pan American Drive, Miami, Florida. The assessments will be co.i.:_ccted on the ad valorem tax bill Lo be mailed in November 2001, as authorized by Section 197.3632, Florida Statutes. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. If you have any questions, please contact the Department of Finance at (305) 416-1570, Monday through Friday between 8:30 a.m. and 4:30 p.m. CITY CLERK CITY OF MIAMI, FLORIDA R•-4 01.- 51.8 APPENDIX C FORM OF NOTICE TO BE MAILED IN THE; EVENT THAT THE PROPERTY APPRAISER DOES NOT COMBINE THE ASSESSMENT NOTICE WITH THE TRIM NOTIFICATION �1- 818 • a The annual fire assessment for the above parcel is §1 A public hearing will be held at 5:05 p.m. on September. 13, 2001, in the City Commission Chambers of City Hall, 3500 Pali American Drive, Miami, Florida for the purpose of receiving public comment on the proposed assessments. This notice addresses a special assessment to partially fund the cost to make fire services available during the period from October 1, 200:1 through September 30, 2002, which will be collected on the same bill as ad valorem taxes. You and all other_ affected property owners have a right to appear at the hearing and to file written objections with the City Commission within 20 days of this notice. If you decide: to appeal any decision made by the City Commission with respect to any matter considered at the hearing, you will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be made. In accordance with I the Americans with Disabilities Act, persons needing a special accommodation or an interpreter to participate in this proceeding should contact the City Clerk at (305) 250-5360 at least seven days prior to the date of the hearing, Unless proper steps are i.ritiaLed in a court of competent jurisdiction to secure relief. within 20 days from the date of City Commission action at the above hearing (including the method of apportionment, the gate of assessment and the imposition of C-2 01-- 81.8 r assessments), such action shall be the final adjudication of the issues presented. Copies of the Fire Rescue Assessment Ordinance (Ordinance No. 11584), the Initial Assessment Resolution (Resolution No. 98-325), the Final. Assessment Resolution (Resolution No. 98-419), the Preliminary Rate Resolution initiating the annual process of updating the Assessment Roll and imposing the Fire Assessments, and the preliminary Assessment Roll for the upcoming Fiscal Year are availab-Ir-2 for inspection at the Office of the City Clerk o.: Miami, Flor.'ida, 3500 lean American Drive, Miami, Florida. Both the izon-ad va.1-orem fire assessment -amount shown on this notice and the ad valorem taxes for the above parcel will be collected on the ad valorem cax bi.11. mailed :in November. Failure to pay the assessments will cause a tax certificate to be issued against the property which may result in a loss of title. If there is a mistake on this notice, it will be corrected. If you have any questions regarding your fire assessment:, please contact the City of. Miami finance Department at (305) 416-1.570, Monday through Friday between 8:30 a.m. and 4:30 p.m. * * * * THIS IS NOT A BILL * * * * * C-3 U1 81.8