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HomeMy WebLinkAbout27488 / 75-32yq� � 1975 # 32 RESOLUTION RESOLUTION PROVIDING DL.TAILS OF $1�550,000 CORPORATE PURPOSE BONDS OF THE CITY OF OSHKOSH AND DIRECTING THE SALE THEREOF. SULidI 9PPR0`7iD 0 JWY The City Council of the City of Oshkosh, Winnebago County, Wisconsin, met in regular open, public session at its regular meeting place on March 6, 1975, at ���n o'clock, P.M.� with the following members present: Council Member Rathryn E. McIlree, Robert H. Moser, Byron L. Murken, Herbert Pitz, George N. Singstock, Bernice Teichmiller, Donald D. Jorgenson. __....._. and the following members absent: None x � * (Other business) The following resolution, read on February 20, 1975, was thereupon introduced and read in full: IMITIAL RESOLUTION authorizing $50,000 bonde o£ the City of Oshkosh. BE IT RESOLVED by the City Council of the City oP Oshkosh, Wisconsin, that there shall be issued the negotiable general obligation bonds o£ said city in the principal amount of 550,000 for the purpose o£ constructing and improving sanitury sewera. For the purpose o£ paying the various installmente of principal and Snterest on said bonds as they severally mature, � there is hereby levied on all taxable property in said city a �� direct annual irrepealable tax sufficlent Por that purpose. ._ � RECORDID March �, 1975. '�.� -�lo,fY/9GU'•Lkt'.7o ///�PA,G'A City Clerk�� . It was thereupon moved by murkPn and seconded by . M��p„ that said resolution be adopted. Upon roll being called, the following voted: Aye: McIlree Moser Murken Pitz Singstock Teichmiller Jorgenson Nay: None � The following resolution, read on February 20, 1975, was thereupon introduced and read in full: INITIAL RESOLtiTION authorizing � $300,000 bond:: o£ the City of Oshkosh, BE IT RESOLVED by the City Co ri il of the City of Oshkosh� Wlsconsin� that there shall be issued the negotiable general obligation bonds of sald clty in the psincipal amount oP $300,000 for the purpose of constructing and improving water mains. For the purpose of paying the various installments of principal and interest on said bond as they severally mature, there Ss hereby levied on nll taxable nroperty in said city a direct annual irrepealable tax sufficient for that purpose. RECOADED March 7 , 1975. -�(O.� /(!i,/ 1 /// 2 City Cle -2- � . St was thereupon moved by �os-cr and seconded by Sin�stock that said'resolution be adopted. lipon roll beir� called, the followir� voted: Aye: McIlree Moser Murken Pitz Singstock Teichm111er Jorgenson Nay: None The following resolution, read on February 20, 1975, was thereupon introduced and rea�i in full: INITIAL RESOLUTI^JN authorizing 900,000 bonds of the City of Oshkosh. BE IT RESOLVED by the City Council of the City of Oshkosh� Wisconsin� that there s;�all be issued the ne�otiable general obligation bonds of said city in the principal amount of $900,000 for the purpose of extending the r�aterwor;cs plant of said citv by-constn:eting a wster storage tower. For the purpose of paying the varioua ins�alltt;ents of principal and interest on said bonds as they �everally �ature, there is hereby lavied on all taxable property in said clty a direct annual irrepealable ta�c aufficient for that purpose. RECORDED March �, i975- 'j' ��JL/��I,EP '7 // /'/LL21La. City Cler , It was thereupon move4 by MnsPr and seconded by .���nestock that said resolution be adopted. Upon roll being called, the £ollowing voted: AYe� McIlree Moser Murken Pitz Singstock Teichmiller Jorgenson �BY� None The following resolution, read on February 20, 1975, rias thereupon introduced and read in full: � INZTIAL RESOLUTION authorizing 5300,000 bonds ef the City o£ Oshkosh, BE ZT RESOLVEi) by the City Council of the City of Oshkosh, Wisconsin, that therz e,hall be issued the negotiable general obligation bonds of saic' city in the principal amount of $300,000 £or the purpose of providing street Smprovements. For the purpose oP paying the various instellments of principal and "' interest on said bonds as they �everally mature, there is hereby levied on all taxable property i.n said city a;.irect annusl irrepealable tax suf£icient for that purpose. RECORDID March � 1975 _/ . ' �< _ - -�+- , It was thereupon moved by Murken and seconded by Pitz that said resolution be adopted. Upon roll being called, the following voted: Aye: McIlree Moser PYurken Pitz Singstock Teichmiller Jorgenson Nay: None The following resolution was thereupon introduced and read in full: RESOLUTION prov9_ding details o£ $1,550,000 Corporate Purpose Bonds of the City of Oshkosh and directing the sale thereof. WHEREAS by initial resolutions duly adopted on March 6, 1975, there have been authorized to be issued bonds of the City o£ Oshkosh in the amounts and £or the purposes as follows: $SO,ODO for tha purpose of const:uctino and improving sanitary se�aers;. $300,000 for the purpose o£ constructing and improving water mains; $900,000 £or the purpose of extending the water- works plant of said city by coastructing a water storage tower; and $300,000 for the purpose of providir� street improvemenLs; -5- and WHEREAS it is now necessary that bonds be sold and issued for the purposes aforesaid Sn the total principal amount of $1�550�0005 &IId � WF�REAS said city is authorized by Section 67.05(13), Wisconsin Statutes, to combine bonds authorized under various initial resolutions into one issue: NOW� THEREFORE� Be It Resolved by the City Council of the City oP Oshkosh, Winnebago Cou[�ty, Wisconsin, as follows: Section 1. The bonds authorized by the initial resolutions adopted by this City Council on March 6, 1975, and referred to in the preamble heretc, shall be sold and issued as a single issue in the principal amount of $1,550,000 to be designated "Corporate Purpose Bonds, Series i975", sha11 be dated May 1, 1975, shall be oP $5000 denominatlon each, shall be numbered 1 to 310, inclusive, and shall mature serially in numerical order without option of prior redeu�tion on Maq 1 of each of the years 1976 to 1987, inclusive, as follows: � Year Amount 1976 - 1980 $ ioo,000 . 1981 - 1984 125,000 1985 -1986 150,000 � 1967 250,000 Said bonds shall bear in.terest at a rate or rates to be hereaYter determined, but not exceeding 7 per cent per annum� pay- able on November 1, 1975, 8nd sem:tannually thereafter on May 1 and November 1 of each year, and sha11 be signed by the City Manager with his Pacsimile signature, and by the City Clerk, and seeled with the corporate seal of the City of Oshkosh. Interect upon said bonds shall be evidenced by coupons thereto attached, such coupons to be -6- signed by sald City Manager and City Clerk with their respective £acsimile eigriatures, and sald ofPicers shall by the executlon of said bonds adoat as and for their own offlcial signatures their respective facslaile slgnatures appearing upon said coupors. Said bonds shall be payable, both principal and interest, in lawflil money o£ Lhe United States of America at a bank or banks, not exceeding two, to be designated by the purchaser of the bonds, Section 2. Said bonds shall be registrable as to princSpal in the manner and with the effect provided in the form of bond hereinafter set out. Section 3. Said bonds and coupons shall bs Sn substantlally the following form, the omissions to be anpropriate]y ccmpleted when the bonds are printed: '�- (Form of Bond) UNITED STFlTES OF AMF}:RICA � STATE OF WISCONSIN cour:� oF wznmrEanco CIi'Y OF OSHKOSH C.ORPORATE PiJRPO.SE BOND� SERIES 1975 Statement of the value of all the taxable property in said City of Os'_ikosh a�:cording to the last preceding assessment ther�o£ Yor state and county taxes, as equali:ed by the State of Wisconsin Departnent o£ Revenue, b_±ng for the year 19_ . . . . . . . . . . . . . . . . . . . . . $ Statement of tta value of all the taxable property in territorf attached to said 'city :or school purposes according to the last preceding assessment thereof for state and county taxe:�� as equalized by the State of Wisconsin ➢epartment of Revenue, being for the year 19__. . . . . . . . . $ Aggregate amour.t oF existing bonded indebte3- ness ef said city, ircludina this issue. ......^� TT� • _ $5000 KNOT.� ALL.D�N BY TfiaSE PEESENTS: That the City oP Oshkosh, in the County of Winnebago anl Stc�.te of Wisconsin, hereby acknow- � ledges itself to owe, and :or valne received promices to pay to bearer, or to the registereil holder iP thi.s bond shall then be registered as to principal, the principal sum oi' Fi•re Thoueand Bollar3 ($5000) on on the first da;� o£ M:ay, 19� wii:h antereet at tY.�e zate oY per cent ( �� per annum Prom the date hereo£ until the principal a*noun-t shall liave been fully pe1d, such interest being payable No»enber 1, 1975� a�id semiannually thereafter on May 1 and t7ovember 1 of eech year, ie.teres+, to maturity being payable only upon presentation and surrerder c�f the interest coupons sttached hereto as they severally n�ture. F3oth principal hereof �and interest hereor. a.e here4y ms3= p_�•=_b1e ir la..�f„i mnn>y ef the Uni.tp@ States � of America at or at , at the option of the holder, For the prompt payment o£ this bond with interest hereon as aforesaid and for the levy of taxes sufficlent for that purpose, the full. faith� credit and resources o£ said city are hereSy irrevocably pledged. This bond is one of an issue o£ $1,550,000 issued for the purpose of providing funds in the amounts and for the purposes as follows: �SSO,000 for the purpose of conetruc.irz; an3 1mp�oving sanitary sewers; $300,000 £or the purpose of constructing and improving water mains; $90�,000 £or the purpose of extending the waterworks plant of so.id city by constructing a water storage tower; and � S3oo,o00 £or the purpo:;e of providing street inproveaents; pursuant to and in al.l respecte !.n compliance with Chapter 67 of the Wisconsin Statutes and acts aupp'_emental thereto, and a resolution duly adopted by the C:_ty�COUncil of sai3 cAty on Msrch 6, 1975. This bond is registrable as to principal in accordance with the provisior.s endor�ed on the reverse side hereof. � It is hereby certified and recited that all condttiOns, things and acts required by law to exist, to be or to be done� precedent to and in the is�uance of thi.s bor.d and the iasue of whSch it is a part, have been, have existed, an3 have been performed in due forci and time,as required by law; that the in3ebtedness� of said -9- city, including this bond, does not exceed uny limitation imposed by law;'and that said city has levied a direct annual irrepealable tax sufficient to pay the interest iiereon when it Palls due and also to pay and dischsrge the prSncipal hereof at maturity. IN WITNFSS FEIERREOF the City of Oshkosh, by its City Council, hae caused this bond to be signed by its City Manager with his facslmile signature, and by its City Clerk, and its corporate seal to be impressed hereon, and the couoons hereto attached to be signed by said City Manager and City C?erk wiY,h their respective £acsimile signatures, and said offieers, by the executian o£ this bond, do adopt as and for their own official signatures their res- pective facsimile signatures appearing on said coupons, 4s of the first day of � (facai.m�le st.gnature) City Clerk City N�nager (Form o"' Coupon) I•IO . � On the first day of _ , 19� the City o£ Oshkpsh, Wisconsin, will pay to bearer.the amount shown hereon in lawi'ul money o£ the United States of Ataerica� at � _, or at . at the option of the hol3er, upon presentation an3 su^render of this coupon for interest due that day on its Corporate Purpose Bond,, Series 1975, datefl May 1, 1975, No. (facsimile slanaturel __ (£acsimile sl�natureZ City Clerk City Manager -1cJ- (Provision for Registration) The within bond may be registered in t,he na�e of the holder as to principal only on books to be kept by the City Clerk o£ the City of Oshkosh, as bond registrar, such registration to be noted hereon in the registration blank belom, a£ter which nn transfer shall be valid unless made on said books at the request of the registered holder or his attorney thereunto duly authorized and similarly noted in said registratien blank below, but this bond may be dischsrged from registration by being trans£erred to bearer, after which St shall be transferable�by delivery but nay be again registered as before. Such regi.stration shall r.ot impair the negotiability by delivery of the coupons attaehed to this bond. Date of Name of Address of Si -11- Section 4. Said bonds shall be sold at public eale in the manner provided by law on or about April 3, 1975. Notice oP the sale of said bonds shall be published once each week for two consecutive weeks in the of£icial city nPm�p�per, end in The Bond Buyer• published in New York, Mew York. The last of each such publication shall be at least 10 days prior to the sale date, Such nottce shall be in substantially the form provided ln Exhibit "A" attached hereto. The Director of Administration shall prepare and distribute an 0££icial State�ent, including an 0°ficial Sale Notice �ich shall be in substantiall;r the £orm provided in F�hibit °B" attached hereto. � � Section �, When sa1�9 bonds shall hava been sold,, this City Council will adopt proceedings so as to award said bonds� fix the interest rates thereen in acco:rdance with the bid accepted, end levy taxes to neet grincipal and in�terest thereoa at maturity as required by law. Section 6. The prin�:ipal proceeds from the sale of said bonds shall be used only as follows: . $50,000 Yor the purpose of constru^_+,i.n� an3 iTM�rr�vir� sar.itar,� sewers; $300,OOG for th� purpose of constructing and imnrovir� water mains; $900,000 for *he purpose of extending the water.acrks ple.nt of' 3aid city by con^tr°.�t7.ng a s,�ater storage tow2r; and . $300,000 £o: the puspcse of providi:� . stre2t improvement:. � Section �. The prir.cipal proceeds o£ the sale of sald bonds shall be devoted to and used with due d1li.gence for the completion of the projects for which saic�. bonds are hereby authorized to be issued. This City Coun�il represents and certi£ies that: (¢) the ci.ty has heretoPore incurred (or e�cpects to -12- incur� within six months a£ter delivesy of said bonds a . substantlal bi.n3ing obligat;ion with respect to said projects; said bindir� obli�¢tion comprising in the.amount of not less than 2-1/2� of the est�ated total cost of said projects; (b) this City Councll expects that over �5� of the expendable proceeds of sald bonds including in�restnent proceeds vri11 be expended on or be:ore Sanuar� 1� 1978, for the purpose of pa�in� i;he cost of sr,°.�. rrn�ects� said date being iviuhin three years £ollowing the date of isaue . of said bonds; . � (c) work on eaid.pro;jects has procae3ed an3 is expected to proce=d tialth dn.e dllig=nce to completion; (d) sa13 projects ha-ae not be?n and are not expected to be sold or other�;ise disposed o: in wnole or in part . prior to the last maturity o_° said bonde; � (e) a11 of t5e principal proceeds of said bonds are needed for th��purpose staSed in tha form of bcnd above set out, ir.cludir� experses in��idental ;.o su;:n rn.pose and to the I�suance o£ said t�onds; and � � (f) to the best of t'ze knowledge a^3 belief oP the City Council there are r.o :Pacts� esti�ates or circaastances that wou11 nateria;.ly cF:an,ge the conclnsions End represen- tatioas set out in thzs s2�tion. This City Council also certifics and further covenants with�the purchasers and holders of sa:.d �bonds frcm tirae to tine outstanding that so long as any of said bon3e reraain outstanding, moneys on � depOSlt iA any Pund or ar.�n>>nt in rnnnan??nn �,rith ��?d bOnCls� y.hethes -13- or not such moneys were derlved from the preceeds of the sale oP sald bonds or from �ny other sources, will not be uced in a manner which will esuse such bunds to be "a.rbitrage bonds" within the meanirig of �ection 103(d) i�f the Internal Revenue Code oP 1954, �� amended, and any lawful regulationa prcmulgated or proposed thereunder, includir� Sections 1.103-13 an3 1,103-14 of the Income Tax Regulaticns (26 CFR Part 1), as the same presently exlat� or may from time to tirae hereafte:r be amended, supplemented�or revise3. The City Council reserres the right, howecer, to raake any invest- ment of such �aone�s pexzaitte3 Uy state law iP, when an3 to the extent that sald.Section 103(d) or regulaticns pro�aulgated there- under shall be repealed or relaxed or shall b� held void by Yinal decision o£ a ceurt of coraoete'at juri�diction, but only if any investment made by virtua of s�zeh repeal, relaxation or decision would not, in the opinicn o£ caunsel of.reccgnized competence in such matters, result in making the interest on said bonds subject to fede^al income taxation. A;lepted March 6, 1975. RCCOrp��j Mar�h 7 � 1�%r7. _________I '�U�4' .'yl1CL�f.�.- � City Cier� Maticn was n;a�ie t�,- _ Murken � that said reso- lution be adopted, and said motion was seceeded by _ Sinastock After due consideratien, the President put the question, and upon roil beirg ca.'.1ed; t?xe followir.g voted: Aye: McIlree � Moser Murken Pitz Singstock Teichmiller . Jorgenson � .- -14- adopted. NeY� None The President thercupon declared said resolution duly � * * (Other business) Upon motlon duly m�de, secor.ded ard cerrSed, the meeting was adjourned. — --e�� Pr 1 e t A2TEST: -----�-'City C1ert �--- _ � � _.- --- - -15- ES�iIBIT A to Resolution o£ March 6, 1975 $1,550,000 CITY OP OSFIKOSH WIDRVEBAGO COUIVI'Y� WISCON3IN CGStPORE,'PE PURPOSE PONDS� S'r',�IFS 1�'/5 SSALID BIDS will be received until 11:00 A,M.� C.D.T., � Thurcday, April 3, 1975 in the Council Char!.bers in ihe C�.ty Ha11 0: said c'_ty, at a maximum .rate of 7�. The bonds are generril obligations c: the City of Oshkosh issued £or the purpose oP providlr� funds in the e.maunts and for the puzposes as follows: S50,o00 - constructin;3 and itaproving � senStary se'xers; S30o,o00 - constructiqq and in:prosi:.,o water mains; $900�000 - extending waterworks plan�t by con- . structing a water storage tomer; $300,OOO _ providing street improveme^ts. The bonds are dated May J., ].9?5 an3 wi11 matu=e on Il*ay 1, i976 to 1987, inclusive, without option o£ prior redemption, as follows: Year Amount 1976 - 1980 $1eo,000 �1991- 1984 125�000 � 1985- 1986 150,000 1987 250,000 The City taill provide the unqualif5.e3 approving legal opinion ef C'n�pman an3 Cutler an3 the printed bonds at ita expense. Delivery at Chicngo, Milwaukee, or ldew York et the er,per.se oP City. The 0_°fic3al Statement� ��fficSal Notice c£ Sal.e, and Official Bi3 Form mav be obtain�=_d from the undersigned, at the City Hall, Oshl:osh, Fiisconsin �+901, Telephone 414!424-0274. ; o; .,.^.:�,C:: SSiuE^, ^City Manager /s/ RICFiAFiD H, JAIdSEN, Director of Administration EXHSBIT B to xesclution o° March 6, 1975 0,'F'ICIAL TIOTICE OF SOND SALF 51,550,000 CITY OF OSI-IICOSH� WINNEBAGO COUNTY� WISCOivSIPi CORPORATE PURPOSE HONDS, SERIES 1975 NOTICE IS fIEREBY GIVi,N' that the City of Osh;cosh, Wisconsin, will receive sealed bids onl� for the pu.roase of its Corporate Ptarpose Bonds, Series 1975, until 11:00 A,f4., C.D.T., on April 3, 1975, at which time bids will be publicly opened and announced at the Council Chambers in the City fIall, Oshkosh, Wisconsin, Said bonds will be dated May l, 19�5, denc�ination �w5000, and will mature serially without option of prior redemption on May 1 oY each of the years 1076 to 1987, inclusive, as follows; Par IUnount �e $ loo,000 1976 - 1980 125,000 1981 -i9a4 150�000 .1985- 1966 250,000 lgg7 Said bonds an.d the coupons thereon will be payable at a bank or banks� not exceeding two, to be designated by th2 � purchaser, not later than 5:00 F.M., C.D,T „ on the date of sale, and agreed to by the City. The bonds will be registrable as to principal, Interest on said bor,d� will be payable Novzsber 1� 1975� and semiannually thereafter, PURPOSr, AND SECURITY OF IIONDS Said bonds will be the direct general obligations oP the City of Oshkosh, Wisconsin, payable from unlicite3 ad valorem taxes, and are to-be issue3 for the follo�ing purposes: $50,000 for the purpose�o£ constructing and improving sanitary sewers; S3o0,000 £or the purpose of co:istructing � nnd imnroving vrater mains; $900,000 for the purpose of extending the waterworks plant of said city by constructing a water storage�tawer; and . $300,000 for the purpose of providing street improvements; RATE AND INTEREST AND FIASIS FOR AWARD Bidders are required-to name the interest rate or rates the bonds are to bear, not to exceed seven per cent (7�� per annum, expressed in multiples o£ one-twentieth oP one per cent (1/20 0£ l'�). Plot more than five (5) interest rates may be snecified and a zero rete may not be named. Repetition of a rate will not constitute an additional rate. Interest payable on any bond on any interest paymeat date sha.11 be�represented by one coupon only and all bonds oY the same maturlty sha11 bear the same rate of Snter- est. No bid will be considered for less than par and acCrued interest for all of said bonds. Unless e.11 bids are rejected, the bonds will be awarded by the City Council on the sale date to the responsible bidder whose bid results in the lowest net interest cost to the City which will be detersined by deducting the total amount oF any preminm bid from the total amount of interest on all of the bonds from the dat,� o= said bon3s to the respective maturlty daCes. TAX EXE;�TIQN In the opinion of bonct counsel, interest on these bonds is exempt as of the date cf this notice from Federal Income Taxes under presently exicting laws, regulations, decisio^s and i.nterpretations.. -2- OFFICIAL SID FORM ASTD G��OD FAITH CfiECK Eaeh bid must be accompanled by a certi.fied check� or a ba�k cashier's check, drawn on a solvent bank or trust cer,�any Sn the amount of.$31,000 payable to the City I7sasurer oP the City o£ Oshko�h as guarantee of good £aith. The check of the successful bi.dder will be retained by the City as liquidated damages, should he fail to take up an3 pay for the bonds when ready. The good faith check of the bSdder whose proposal is accepted will be held uncashed until delivery of the bor.ds os forfeiture, a.nd t`>..° F-^�d °11th checks of all unsuccessful bidders will be returned nror,r�*1y upon the deter- mination of the highest bi3. In the event of the feilure oP the City to deliver said bonds to the purch:�ser in accordance with the terms of this notiee within 50 fla?s C°C?[' the date of saTe, sa7_d good faith cheek will� at the option oY Che purchaser, be returned pronptly to the purchaser. Each bld must be submitted on the 0?ficial Bid Foxm available from the undersi�ned, must be for all of said $1,550,000 a��regate principel 2m�unt o£ bonds, and must be enclose3 in e � seeled envelope uddressed to the L�irector of Administratio�, City oP Oshkosh� Clty Y.ell, Osh.kcsh, 47iscor.sln 54901, er.fl r.-..::ed "Bid for $1,550,000 Corporate F'urpose Aond:�,, Series 1975� of the City of Oshl;osh. " DELIVERY pF BO➢'DS The City of Oshkosh will, at its own exper.se, provide the unquali£ied npproving cpinion of Chapman and Cutler, Chicago� Illinois, covering the legnlity of the bonds, the ce.tified bond transcript, including a no-litigation certiPi��ate clated as o° the date of the delivery of the bonds, anu the prir.ted bonds with the legal opinion printed thereon. -3- I£ CUSIP numbers are destred by the purchaser, the purchaser shall bear ull e�cpenses in connection therewith and �he responsibilities £or veri.f�ing Yhe nunbers, and must ngree to accept delivery of the bonds irrespective of the correctness oP the CUSIP numbers printed thereon. The boads are e�cpected to be ready for dFlivery wlthin 40 days a£ter the sale, Delivery in Chicago, Illinois, HT�cv York, New York, or M1lwaukee, Wicconsin, wlll be at the expanse oP the City o£ Oshkosh. The right is reserved to reject ar�y and all bids and to waive informalities in the bid accepted. /s/ GORDON B. JAEGER City t:anager i's/ RICHARD H. JANS�N Director of A�ainistration -4- STATE OF WISCONSSN ) COSJNTY OF WINNE3AG0 3 SS. I, CONVP.RSE C, MARK3, hereby certify that I aa the duly qualified and acting City Clerk o£ the City of Oshkosh, Wisconsin, and as such official I furt*�er certi£y that attached hereto is a copy of excerpts f:rom the ninutes of the meeting of the City Council o_° said city held on March S, ].975; that I have comoared said cop:r with the original minute r�cord o£ 3aid meeting in my o£ficial custody; and that said copy is a true, correct and complete trxnseript from sald or.igi.nal ninute record inso:ar as sald er'.ginal record relates to 61,550,000 Corporate Purpose Bonds, Series 1975, of said city, dated 2fsy 1� 1975. WITNESS r.�y o££1cia1 signature and the official seal oP said city this 7th day of _ March . 19?7. ( S E A L ) RHG•kp 2/14/75 _� /�iL�tl. � � 4� . 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