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O-764-11-86ORDINANCE NO. 764-11-86 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, APPROVING AND ADOPTING THE WRITTEN STATEMENT AND REPORT OF THE CONSULTING CITY ENGINEER SHOWING THE ESTIMATES OF THE TOTAL COST OF ALL IMPROVEMENTS, THE ESTIMATES OF THE COSTS PER FRONT FOOT PROPOSED TO BE ASSESSED AGAINST THE ABUTTING PROPERTY AND THE REAL AND TRUE OWNERS THEREOF AND THE ESTIMATES OF VARIOUS OTHER COSTS, FOR THE IMPROVING OF A PORTION OF JUPITER ROAD, AND FURTHER DESCRIBED AS BEING A PORTION OF JUPITER ROAD FROM F.M. 2170 TO THE INTERSECTING POINT OF THE CONCRETE IMPROVED ROAD SECTION NORTH OF WHITE OAK DRIVE IN THE CITY OF ALLEN, TEXAS, WITHIN THE LIMITS HEREINBELOW DESCRIBED AND OF OTHER MATTERS RELATING THERETO; DETER- MINING AND FIXING THE PORTION OF SAID COSTS AND THE RATE THEREOF PROPOSED TO BE ASSESSED AGAINST AN_D,PAID BY ABUTTING PROPERTY, AND THE REAL AND TRUE OTINERS THEREOF, AND THE PORTION OF SAID COSTS PROPOSED TO BE PAID BY THE CITY OF ALLEN, TEXAS; DETERMINING THE NECESSITY OF LEVYING AN ASSESSMENT AGAINST SAID ABUTTING PROPERTY, AND THE REAL AND TRUE OWNERS THEREOF, FOR THE PART OF SAID COSTS APPORTIONED TO THEM; ORDERING AND SETTING A PUBLIC HEARING AT 7:30 O'CLOCK P.M. ON THE 18TH DAY OF DECEMBER, 1986, IN THE CITY COUNCIL CHAMBERS OF THE CITY COUNCIL IN THE MUNICIPAL ANNEX BUILDING IN ALLEN, TEXAS, AS THE TIME AND PLACE FOR THE HEARING OF THE REAL AND TRUE OWNERS OF SAID ABUTTING PROPERTY AND ALL OTHERS INTERESTED IN SAID ABUTTING PROPERTY OR IN THE PROCEEDINGS AND CONTRACTS CONCERNING SAID ASSESSMENT AND IMPROVEMENTS; DIRECTING THE CITY SECRETARY OF THE CITY OF ALLEN TO GIVE NOTICE OF SAID HEARING AS REQUIRED BY THE LAWS OF THE STATE OF TEXAS AND THE CHARTER OF THIS CITY; AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1: The City Council of the City of Allen, Texas, hereby finds and determines: (a) That the City Council of the City of Allen, Texas, has, by Ordinance, dulv enacted on November 6, 1986, determined the necessity for and ordered the improvement of a portion of Jupiter Road, further described as being a portion of Jupiter Road from F.M. 2170 to the intersecting point of the concrete improved road section north of White Oak Drive, in the City of Allen, Texas, within the limits hereinafter defined, in the manner and according to the Plans and Specifications therefor, which Plans and Specifications have heretofore been approved and adopted by said City Council. Said street and the portion thereof ordered to be improved is as follows: ORDINANCE NO. 764-11-86 PAGE TWO The portion of Jupiter Road starting at the intersection of F.M. 2170 and continuing south to the improved concrete constructed section north of White Oak Drive as hereindescribed as Exhibit "A" attached hereto, shall be improved as follows: Seven-inch thick (7") 3000 psi compressive strength reinforced concrete pavement complete with curb and gutter, with a six-inch (6") lime treated subgrade, to provide a thoroughfare consisting of four lanes of traffic within 45 feet of concrete paving back-to-back, including drainage improvements for all portions of the roadway described herein and for concrete sidewalks adjacent to each outside right-of-way. Said improvements are located within one or more of the following surveys: William Perrin Survey, Abstract No. 328 G. W. Ford Survey, Abstract No. 708 David Wetsel Survey, Abstract No. 977 All lying within Collin County, Texas. (b) That a notice, duly executed in the name of the City of Allen, Texas, of the enactment of the above-described Ordinance has been filed with the County Clerk of Collin County, Texas, the county in which said City of Allen is situated. (c) That the consulting City Engineer for the City of Allen (hereinafter called Engineer) has prepared and filed estimates of the costs of such improvements, and estimates of the amount per front foot to be assessed against the property abutting said street, within the limits therein defined, and against the real and true owners thereof; and the Engineer has filed said estimates and a statement of other matters relating thereto with the City Secretary, and the same has been received, examined and approved by the City Council; and that in accordance with such statement of estimates, the amounts of said estimated costs are as set out in the schedule attached to and made a part of this Ordinance. ORDINANCE NO. 764-11-86 PAGE THREE SECTION 2. The written statement and report of the Engineer showing the estimated total costs of all the improvements of the street lying within the limits above defined, showing the amounts per front foot proposed to be assessed against the abutting property and the real and true owners thereof on the said street for City improvements, showing the total estimated costs of said improvements proposed to be assessed against and paid by the abutting property and real and true owners thereof, showing the total estimated costs of said improvements on the said street proposedto be paid by the City of Allen, Texas, and showing other matters relative thereto, having been received and examined by the City Council, said report and estimates therein shown are hereby in all things approved and adopted; and it is hereby found and determined by the City of Allen, Texas, that the estimated amounts of the several respective items of costs of said improve- ments, as above described, on said streets, are as is set out in the schedule attached hereto and made a part of this Ordinance. SECTION 3. A portion of the costs of said improvements shall be paid and defrayed by the City of Allen, Texas, by ponies derived through the sale of municipal bonds, and contributing county bonds; and a portion of the costs thereof shall be assessed against and paid by the property abutting upon said street, within the limits above defined, and the real and true owners thereof, in accordance with, and in the manner provided by Article 1105(b) of Vernon's Annotated Civil Statutes of Texas, as amended, and as adopted by the Charter of the City of Allen, Texas; and the total cost of said improvements of the said street as herein- above described, shall be and the same are hereby apportioned between said parties and shall be paid and defrayed as follows: (a) The abutting property within the limits hereinabove defined, and the real and true owners thereof, shall be assessed for and pay in accordance with the front foot plan, all of the costs of sidewalks and lateral drainage, and nine -tenths (90%) of the remaining costs of such improvements in accordance thereof, with the Plans and Specifications prepared by the City's Consulting Engineer, including the costs of improvements ORDINANCE NO. 764-11-86 PAGE FOUR within intersections of streets with other streets, avenues and alleys as so estimated. (b) The City of Allen, Texas, shall pay all of the remainder of the costs of said improvements through authorized bond funds after deducting the amounts herein specified to be paid by the abutting property and the real and true owners thereof as set out in subparagraph (a) above. (c) There is included within the meaning of the terms "cost" or "cost of improvement," when such terms are used herein, engineering fees, appraisal fees, attorney fees, and all other costs and expenses incident to the construction of the improvements. (d) When the improvements herein ordered have been completed and accepted by the City of Allen, the amount of the assessment against each property abutting thereon and the real and true owners thereof shall be and become payable in five (5) equal annual installments, due, respectively, thirty (30) days, one (1) year, two (2) years, three (3) years, and four (4) years from the date of acceptance by the City of Allen, together with interest on the unpaid balance from said date of acceptance until paid at the rate of eight percent (80) or maximum allowed by State law per annum payable annually; provided, however, the owners of any of said property shall have the privilege of paying all or any of said installments at any time before maturity thereof, by paying the total amount of such installment, together with the interest accrued thereon to the date of payment. Further, if default be made in the payment of any of said installments of principal or interest promptly as the same matures, then at the option of the City of Allen, the entire amount of the assessment upon which default is made, together with reasonable attorneys' fees and all collection costs incurred, shall be and become imme- diately due and payable. ORDINANCE NO. 764-11-86 PAGE FIVE 16 (e) No assessment shall be made against any abutting property or the real and true owners thereof of costs in excess of the benefits to such property or owners thereof in enhanced value thereof by means of such improvements, as determined by the City Council at the public hearing. The amounts of said assessments shall constitute a first and prior lien upon all such properties and a personal liability of the true and real owners thereof, whether correctly named or not. SECTION 4. A public hearing shall be held and notice given to the owners as shown on the City's Tax Roll of property abutting upon Jupiter Road between F.M. 2170 and the intersecting point of the concrete improved road section north of White Oak Drive, within the limits set out above as to the assessment and as to the amount to be assessed against each parcel of abutting property and the owners thereof, and as to the special benefits, if any, to said property to be received from said improvements, and concerning any error, invalidity, irregularity, or deficiency in any proceeding or contract with reference thereto or concerning any matter or thing connected therewith, which hearing shall be held by the City Council of Allen, Texas, in the Council Chambers of the City Council in the Municipal Annex Building in the City of Allen, Texas, at 7:30 o'clock p.m. on the 18th day of December, 1986, at which time and place all persons, firms, corporations, or estates owning or claiming any such abutting property, or any interest therein, and their agents or attorneys and persons interested in said proceedings, shall be given an opportunity to appear and to be heard in person or by Counsel, and may offer evidence, and said hearing may in the sole discretion of the City Council be adjourned from day to day and from time to time kept open, until all evidence and protests have been duly offered and heard, and the City Secretary of the City of Allen, Texas, is hereby directed to give notice of said hearing by publication of notice in the official newspaper in the City of Allen, Texas; said notice shall be published at least three times in said newspaper before the date set for said hearing, the first of which publications shall be at least 21 days prior to the date of said hearing, and such notice ORDINANCE NO. 764-11-86 PAGE SIX by publication shall be valid and sufficient, without any further form or character of notice, as provided for by and in accordance with the terms and provisions of Article 1105(b) of the Revised Civil Statutes of Texas, as amended, and as adopted by the Charter of the City of Allen, Texas. Where required by said statute, the City Secretary shall give additional written notice. However, the City Secretary may, in addition to the contents of the notice of said hearing as required by law which shall be for all purposes valid and sufficient in itself, include in any one or all of the publications of said notice such further data and information regarding such proposed improvements and assessments as the City Secretary may deem proper, and such general statement in connection therewith as the City Secretary may desire to acquaint those to whom the notice is directed with the facts and matters concerning said improvements and assessments. SECTION 5. Following such hearing as herein provided, assessments will be levied against said abutting property, and the real and true owners thereof, for that portion of the costs of said improvements hereinabove determined to be payable by said abutting property and the real and true owners thereof, which assessments shall be a first and prior lien upon the abutting property and a personal liability and charge against the real and true owners thereof. In levying the assessments, if the name of the owner be unknown, it shall be sufficient to so state that fact, and if said abutting property be owned by an estate or by any firm or corporation; it shall be sufficient to so state that fact, and it shall be unnecessary to give the correct name of any such owner and no error or mistake in attempting to name the owner or in describing any of the property shall invalidate any assessment or certificate issued in evidence thereof; but, nevertheless, the real and true owners of said abutting property shall be liable and the assessment against the abutting property shall be valid whether or not such owner may be named, or correctly named, or the property correctly described therein. ORDINANCE NO. 764-11-86 PAGE SEVEN SECTION 6. This Ordinance shall become effective immediately from and after its passage. DULY PASSED by the City Council of the City of Allen, Collin County, Texas, this the 20th day of November , 1986. L APPROVED AS TO FORM: A. Crowder, City At rney APPROVED: E It nr = - Rnp. WO),".. �"!W � 40 Donald P. ...- .. � ATTEST: �% adt ' LNQ—�L:�: -41,11, - Marty Hendri , CMC, City Secr tary APPROVED AS TO FORM: A. Crowder, City At rney APPROVED: E It nr = - Rnp. WO),".. �"!W � 40 Donald P. ...- .. � ATTEST: �% adt ' LNQ—�L:�: -41,11, - Marty Hendri , CMC, City Secr tary Attachment to Ordinance No. 764-11-86 ESTIMATES AND ROLLS FOR STREET ASSESSMENT TO THE MAYOR AND CITY COUNCIL MEMBERS CITY OF ALLEN, TEXAS In accordance with the proceedings heretofore had by the City Council, and at your direction and as required by law, I have prepared, and herewith submit to you, estimates of the costs of improving Jupiter Road from F.M. 2170 to a point 221 feet north of the centerline of White Oak Street in the City of Allen, Collin County, Texas, as ordered and described in an Ordinance duly adopted by the City Council on Nov. 20, 1986 , by excavating, grading, and providing for the construction of concrete pavement; and by the installation of drainage inlets, storm sewers, and drainage structures; and by the construction of concrete curbs and gutters; all as provided for and in the approved plans and specifications therefor; said streets and the portion thereof being described and identified as follows: Jupiter Road shall be improved with seven-inch (7") thick 3000 psi compressive strength reinforced concrete pavement complete with curb and gutter, with a six-inch (6") lime treated subgrade including drainage improvements to provide a roadway consisting of forty-five feet (45') of concrete paving (back to back). Said improvements are located within one or more of the following surveys: William Perrin Survey Abstract No. 708 G.W. Ford Survey Abstract No. 328 David Wetsel Abstract No. 977 All lying within the city limits of Allen, Collin County, Texas. The estimates hereinafter set out are based upon the prices bid by the lowest responsible bidder for the bids received by the City on Dec. 9, 1986 , and the apportionment of the costs of said improvements, as heretofore proposed and described; and said estimates contain the proposed amounts per front foot to be charged and assessed against the abutting property, and the real and true owners thereof, for the total dollar amount per front foot for all of said improvements. Attachment to Ordinance No. 764-11-86 Said estimates further show the total costs of said improvements proposed to be charged against and paid by said abutting properties, and the real and true owners thereof, the total cost of said improvements to be paid by the City of Allen, Texas, and the total cost of all of said improvements in reference to the street to be improved, as above described. With said estimates, I have shown the proposed amounts to be assessed against the several parcels of abutting property, and the real and true owners thereof, together with the number of front foot frontage, names of apparent owners, and other matters, all as accurately as I have been able to determine. Respectfully submitted, Conrad Ca icoatte, P.E. Attachment to Ordinance No. 764-11-86 ENGINEER'S ESTIMATE OF COST Total Cost of Paving and Drainage Improvements: Cost of Total improvements estimated, including Engineering fees, Administration, and street lighting $1,401,954.00 Estimated Cost to be divided as follows: Lateral Drainage and Sidewalks - 100% to Property Owners Street paving, cross drainage and associated cost - 10% to City of Allen 90% to property owners. Less: Participation by City of Allen at 10% of Cost of street paving, cross drainage and associated cost. $ 82,242.50 Total Costs to be paid by Property Owners $ 1,319,711.50 Total Number of front feet in improvements 8415 feet Amount per front foot to be assessed against Property Owners for construction of improvements $ 156.828461 Amount to be paid by City of Allen from Previously escrowed funds $ 124,364.97 Amount to be paid by owners of abutting private property for improvements $ 1,078,509.33 Amount to be paid by City of Allen for front feet for improvements $ 116,837.20 Total City Participation $ 199,079.70 Attachment To: Ordinance No. 764-11-86 Adopted 11-20-86 - JUPITER ROAD East Side Property Owner Survey Abutting Feet Total Abstract Paving and Drainage Assessment Charles W. Knight - Route 1, Box 346, Allen, Tx. Geo W. Ford Survey - 328 125 19,603.56 Volume 1545, Page 402, Collin County Deed Record Cottonwood Business Park David Wetsel Survey - 977 968 151,809.95 Allen Industrial Foundation Geo. W. Ford Survey - 328 Allen, Texas Eldon and Brenda Dotson - 200 W. Main St., Allen David Wetsel Survey - 977 130 20,387.70 Volume 2087, Page 425, Collin County Deed Records _ Cecil & Dorothy Grattifiori - 3421 Sheffield Cir. Plano, Texas 75023 David Wetsel Survey - 977 299 46,891.71 -Vol. 2087, Page 425, Collin County Deed Records Robert F. Burkart - 412 Canyon Creek Richardson, Texas 75080 • David Wetsel Survey - 977 563 88,294.42 Volume 981, Page 686, Collin County Deed Records Alfredo Zevallos -6736 Churchill Way, Dallas, Texas 75230 David Wetsel Survey - 977 324 50,812.42 Volume 2241, Page 893, Collin County Deed Records Eagle Plaza Shopping Center - Lot.1 David Wetsel Survey - 977 254 39,834.43 * First City Bank of Garland Eagle Plaza Shopping Center - Lot IIA David Wetsel Survey - 977 240 37,638.83 * Thomas B. Bennett = Triple T Ranch Route 2, Box 200, Celina, Texas 75009 r Attachment To: Ordinance No. 764-11-86 Adopted 11-20-86 ENGINEERS ROLL PAVING AND DRAINAGE - JUPITER ROAD From FM 2170 South to a point 221 feet north of the Centerline of White Oak St: Jupiter Road West Side Property Owner Survey Abstract William E. Campbell - 500 Bent Tree Tower Wm. Perrin Survey - 708 16475 Dallas Parkway, Suite 500, Dallas, Texas 75248 Tract 29 Jupiter/Allen Joint Venture - Box 582, Allen, Tx. Wm. Perrin Survey - 708 Volume 1916, Page 720, Collin County Deed Records Abutting Feet Total Paving and Drainage Assessment 15 $ 2,352.43 640 $ 100,370.22 4-T Partnership and Triplet No. 10 Wm. Perrin Survey - 708 1608 Cluster Way, Plano, Texas 75075 G.W. Ford Survey - 328 612 95,979.02 Volume 1747, Page 573, Collin County Deed Records y. First Methodist Church 601 S. Greenville, Allen, Tx Geo. W. Ford Survey - 328 38 5,959.48 Volume 1510, Page 276, Collin County Deed Records Allendale Church of Christ - Allen, Texas Wm. Perrin Survey - 708 203 31,836.18 Volume 732, Page 365, Collin County Deed Records Geo W. Ford Survey - 328 Attachment To: Ordinance No. 764-11-86 Adopted 11-20-86 JUPITER ROAD East Side Property Owner Survey Abutting Feet Total Abstract Paving and Drainage Assessment Eagle Plaza Shopping Center - Lot IIB David Wetsel Survey - 977 211 33,090.81 Thomas B. Bennett - Triple T Ranch Route 2, Box 200, Celina, Texas 75009 Maxwell/Wynell Rafkin - 10765 Morning Glory Dallas, Texas 75229 G.W. Ford Survey - 328 1039 162,944.77 Volume 944, Page 186, Collin County Deed Records Wm. Perrin Survey - 708 West Side City of Allen Volume 539 -Page 639, Collin County Deed Records David Wetsel Survey - 977 745 116,837.20 Towne Village Addition David Wetsel Survey - 977 299 46,891.71 James and Irene Gafney Stephen & Irene Voros David Wetsel Survey - 977 Colleen G. Rees Wm Perrin Survey - 708 940 -147,418.75 Volume 1762, Page 445, Collin County Deed Records Rudolph Johnson - 3310 Fairmont St. Dallas, Tx. 0. Reynolds Young David Wetsel Survey - 977 770 •120,757.91 Volume 1939 - Page 298 Volume 1762, Page 445 TOTAL FOR PROJECT 8,415 $1,319,711.50 * Assessment to be paid from funds on escrow with City of Allen w , AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN Charles F. Barnard, Jr. BEFORE ME, the undersigned authority, on this day personally appeared who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than twelve months prior to publishing Public Notice - Ord. ## 764-11-86 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on November 26, and 30, 1986 and which was issued on of Collin County, Texas November 26, 1986 ,by The City of Allen A printed copy of said publication is ached reto. SUBSCRIBED AND SWORN to before me this 8th day of December , A.D. 19 86 Notary P is in and for Collin County, Texas Publisher's Fees 50.40' OF is hireby given thi e w4D adtlfpled by in ttfir reaular se Ordinance No. 764-11-86: An Ordi• nance of the City of Allen, Collin County, Texas, Approving and Adopting the Writ- ten Statement and Report of the Consult. ing City Engineer Showing the Estimates of the Total Cost of All Improvements, the Estimates � of the Costs Per Front Fool _Proposed td b-6-•Assessed"Agaihst,the Abutting Property and the Real and True Owners Thereof and the'ffatimates of vari- ous Other Costs, For the Improving of a Portion of Jupiter Road, and Further Described as Being a Portion of Jupiter Road From F.M. 2170 to the Intersecting Point of the Concrete Improved Road Section North of White Oak Drive in the City of Allen, Texas;' Within the Limits Hereinbelow Described and of Other Matters Relating Thereto; Determining and Fixing the Portion of Said Costs and the Rate Thereof Proposed to be Assessed Against and Paid By Abutting Property, and the Real and True Owners Thereof, and the Portion of Said Costs Proposed to be Paid by the City of Allen, Texas; Deter- mining the Necessity of Levying an Assessment Against Said Abutting Proper- ty, and the Real and True Owners Thereof, for the Part of Said Costs Apportioned to Them; Ordering and Setting a Public Hear- ing at 7:30 O'clock P.M: on the 18th Day of December, -1986, in:the City Council Chambers of the City Council in the Munici- pal Annex Building in Allen, Texas, as the Time and Place for the Hearing of the Real and True Owners of Said Abutting Property and All Others Interested in Said Abutting Property orAn the,Proceedings and Contracts ConcemingtSaid Assessment and Improvements; Directing the City Secretary of the Cityof Allen to Give Notice of Said Hearing as Required by the Laws of the State of Texas and the Charter of This City; and Providing an Effective Date. A copy of this ordinance may be read or purchased in the office of the City Secret- ary, Allen Municipal Annex,' One Butler Circler Allen; Texas. 1 Marty Hendrix, CMC, .,.,._ ,City. Secretary (TO -'BE PUBLISHED IWTHE ALLEN AMERICAN ON WEDNESDAY,, NOVEM- BER"26,W1986 AND SUNDAY, NOVEM- BER 30.1986.1- CITY OF ALLEN ` PUBLIC NOTICE Noti isIreby give the f wing ordina es �ipt a Al City Counc inir re lar ' eld on Thurs yvemb 1 (Caption only): Ordinance No: 764-11-86: An Ordi- nance of the City'of Allen, Collin County, Texas, Approving "and,Adopting the Writ- ten Statement and Report of the Consult- ing City Engineer Showing the Estimates of the Total Cost of All Improvements, the Estimatesiof the Costs Per Front Foot froposed.to;be Assessed Against,the' dbuttinProperty and the Real,and True Owners Thereof and the Estimates of Vari- ous Other Costs, For the Improving of a Portion of Jupiter Road, and Further, Described as Being a' Portion of Jupiter Road From F.M. 2170 to the Intersecting' Point of the -Concrete Improved Road, Section North of White Oak Drive in the City of Allen; Texas, Within -'the Limits Hereinbelow Described and of Other Matters Relating Thereto; Determining and Fixing the Portion' of Said Costs and the Rate Thereof Proposed to, be Assessed Against and Paid By Abutting' Property, and the Real and True Owners Thereof, and the Portion of Said Costs'Proposed to be Paid by the City of Allen, Texas; Deter- mining the Necessity of Levying an, Assessment Against Said Abutting Proper- ty, and the Real and True Owners Thereof, for the Part of Said Costs Apportioned to Them; Ordering and Setting a Public Hear- ing at 7:30 O'clock P.M. on the 18th Day of December, .1986,1 in the City Council Chambers of the City Council in the Munici- pal Annex Building in Allen, Texas, as the Time and Place for the Hearing of the Real and True Owners of Said Abutting Property and All Others Interested in Said Abutting Property or in the Proceedings and Contracts Concerning Said Assessment and Improvements; Directing the City Secretary of the City of Allen to Give Notice of Said Hearing as Required by the Laws of the State of Texas and the Charter of This City; and Providing an Effective Date. A copy of this ordinance may be read or purchased in the office of the City Secret- ary, Allen Municipal Annex, One Butler Circle, Allen, Texas. Marry Hendrix, CMC, City Secretary (TO BE PUBLISHEDYIN THE -,ALLEN AMERICAN ONiWEDNESDAY;';NOVEM- BER 26, 1986 ANDISUNDAY4NOVEM- ,BER 30,_1986.)"'0%` ..