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90-CCCCCCRESOLUTION NO. 90-~~ A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, AUTHORIZING AND DIRECTING THE MAYOR AND CITZ CLERK TO EXECUTE A CERTAIN AGREEMENT BETWEEN THE CITY OF BOYNTON BEACH, FLORIDA AND FAU/FIU JOINT CENTER FOR ENVIRONMENTAL AND URBAN PROBLEMS; A COP¥ OF SAID AGREEMENT BEING ATTACHED HERETO AS EXHIBIT "A"; AND PROVIDING AN EFFECTIVE DATE. ~f NOW, THEREFORE, BE IT RESOLVED by the City Commission the City of Boynton Beach, Florida, that: Section 1. The Mayor and City Clerk are hereby uthorized and directed to execute a certain Agreement between the City of Boynton Beach and FAU/FIU Joint Center for Environmental and Urban Problems to develop a report outlining a recommended fee structure for a fixed fee. Section 2. This Resolution shall take effect immediately upon passage. PASSED AND ADOPTED this ,~ day of September, 1990. FLORIDA ~TTEST: ' CitI~/Clerk Corporate Seal CONSULTANT AGREEMENT FOR~ ....... ~ General Consulting ~ C E~i THIS AGREEMENT is entered into between the~Czty of Boynton Beach, hereinafter referred to as "the City", an~,[FAU/FIU Joint Center for Environmental and Urban Problems hereinafter referred to as "the Consultant", in consideration of the ~mutual benefits, terms, and conditions hereinafter specified. Project Designation. perform project designated The Consultant is retained by the City to services in connection with the Interim Service Fee Study 2. Scope of Services. Consultant agrees to perform the services, identified on Exhibit "A" attached hereto, including the provision of all labor~ materials, equipment and supplies. Time for Performance. Work under this contract shall commence upon the giving of written notice by the City to the Consultant to proceed. Consultant shall perform all services and provide all work product required pursuant to this agreement within 135 calendar days from the date written notice is given to proceed, unless an extension of such time is granted in writing by the City. Payment. The Consultant shall be paid by the City for work and for services rendered completed under this agreement as follows- Payment for the work provided by Consultant shall be made4 3 provided on Exhibit "A" attached hereto, provided that t~) -~ total amount of payment to Consultant shall not exceed / ~7~.~ $ 22,080 without express written modification of th~__ $~ agreement signed by the City. .~. ~ The consultant may submit vouchers to the City once per month during the progress of the work for partial payment for project completed to date./~ S~h vou~her~will be checked by the City, and upon approval thereof, payment will be made to the Consultant in the amount approved. Final payment of any balance due the Consultant of the contract przce earned will be made promptly upon its ascertainment and verification by the City after the completion of the work under this agreement and its acceptance by the City. total Payment as provided in this section shall be full compensation for work performed, services rendered and for all materials, supplies, equipment and incidentals necessary -to complete the work. The Consultant's records and accounts pertaining to this agreement are to be kept available for inspection by representatives of the City and state for a perio~ ,o~ ~ · Consultant Agreement Page 2 three (3) years after final payments. Copies shall be made available upon request. Ownership and Use of Documents. Ail documents, drawings, specifications and other manerials produced by the Consultant in connection with the services rendered under this agreement shall be the property of the City whether the project for which they are made is executed or not. The Consultant shall be permitted to retain copies, including reproducible copies, of drawings and specifications for information, reference and use in connection with Consultant's endeavors. 6. Compliance with laws. Consultant shall, in performing the services contemplated by this agreement, faithfully observe and comply with all federal, state and local laws, ordinances and regulations that are applicable to the services to be rendered under this agreement. ~ Uir~ ~$-]~): .~?~j~t~$~/~ ~/ 7. Indemnification. Consultant shallD indemnify, defend and hold harmless the City, its officers, agents and employees, from and against any and all claims, losses or liability, or any portion thereof, including attorneys fees and costs, arising from injury or death to persons, including injuries, sickness, disease or,~~-~ death to Consultant's own employees, or damage to ~ro~ertv occasioned Consultant. bye/ a negligent act, omission or failure of the th~roughout the duration of this contract comprehensive.-general liab'i~it_y insurance with a minimum coverage of $500,000 per occurrence~and $1,000,000 aggregate for personal injury; and $500,000 per occurrence/aggregate for property damage, and professional liability~ Snsurance in-~the amoun= of $1,000,000. Said general liability polic~~ shall name the City of Boynton Beach as an additional-named insured--and shall include a provision prohibiting cancellation of said POlicy except upon thirty (30) days prior written notice to the Cit¥.~__ Certificates of coverage as required by this sec=ion shall be deIivered to the City within fifteen (15) days of execution of this agreement.. 9. Independent Contractor. The Consultan~ and the City agree that the Consultant is an independent contractor with respect to the services provided pursuant =o this agreement. Nothing in this agreement shall be considered to create the relationship of employer and employee between the parties hereto. Neither Consultant nor any employee of Consultant shall be entitle~ to any benefits accorded City employees by virtue of the services provided under this agreement. The City shall not be responsible for withholding or otherwise deducting federal income tax or social security or for contributing to the state industrial insurance program, otherwise assuming the duties of an employer with respec~ to Consultant, or any employee of Consultant. . .- \ / Consultant Agreement Page 3 10. Covenant A~ains~ Contingent Fees. The Consultant warrants tha~ ~' he has not employed or retained any company or person, other than a bonafide employee working solely for the Consultant, ~o solicit or secure this contract, and that~e has no~ paid or agreed to pay any company or person, other than a bonafide employee working solely for the Consultant, any fee, commission, percentage, brokerage fee, gifts, or any other consideration contingent ~on or resulting from the award or making of this contract~o~?~ breach or violation of this warranty, the City shall h~ ~ r~ght to annul this contract without liability or, in its discretion to deduc~ from the contract price or considerat!on, or otherwise recover, t~e full amount of such fee, commission, percentage, brokerage fee, gift, or contingent fee. 11.~Discriminati°n Prohibited. The Consultant. with reard to ~ ~r this agreement,'will notgdiScrim ~r~h~erf~m~d gr n s of race, color, national origin, religion, cre~ age, sex or the presence of any physical or sensory handicap in the selection and retention of employees or procuremen~ of materials or supplies. 12. Assignment. The Consultant shall not sublet or asszgn any of the servzces covered by this agreement without the express written consent of the City. 13. Non-Waiver. Waiver by the City of any provision of this agreement or any time limitation provided for in this agreement shall no~ constitute a waiver of any other provisi~7~ 14. Termination. ~ z.,~ ~z~ ! a. The Cit~reserve~the right to terminate any time by giving ten (10) days written notf'~e~D/the 15. at In the event of the death of a member, partner or officer of the Consultant, or any of its supervisory personnel assigned to the project, the surviving members of the Consultant hereby agree to complete the work under the terms of this agreement, if requested to do so by the City. This section shall not be a bar to renegotiations of this agreement between surviving members of the Consultant and the City, if the City so chooses. Disputes. Any dispute arising out of the terms or conditions of this agreement shall be adjudicated within the courts of Florida. Further, this agreement shall be construed under Florida Law. Consultant Agreement Page 4 16. Notices. Notices to the City of Boynton Beach shall be sent the following address: City of Boynton Beach P. O. Box 310 Boynton Beach, FL. 33425-0310 Attn: Carrie Parker Notices to Consultant shall be sent to the following address: Sharon L. Massey Joint Center F~33 University To~r, Suite 709 to 17. 220 SE 2nd Avenue Integrated Agreement. This Agreement, together with attachments or addenda, represents the entire and integrated agreement between the City and the Consultant and supersedes all prior negotiations, representations, or agreements written or oral. This agreement may be amended only by written instrument signed by both City and Consultant. DATED this day of S/i~ature GENE MOORE, MAYOR Attest/Authenticated: SUSANNE 5[. KRUS~], CITY--CLERK , 19 ~%ORDA ATI.ANTtC UNIVEI~Y, admg ~? ~nd on beha~f of the Board of Regents, Cons~~ Title "&'~ to Form: Approve~d. / f / Of~ice~f the i~ Attorney EXHIBIT A DEVELOPMENT OF AN INTERIM SERVICES FEE CITY' OF BOYNTON BEACH, FLORIDA AUGUST 20, 1990 FAU/FIU JOINT CENTER FOR ENVIRONMENTAL AND URBAN PROBLEMS UNIVERSITY TOWER, SUITE 709 220 SOUTH EAST 2ND AVENUE FORT LAUDERDALE, FL 33301 305/355-5255 BACKGROUND Increasingly local governments have been forced to be innovative in meeting the conflicting demands of the public. The public is demanding fiscal prudence on the part of all governments, especially local governments. The two better known tax limitation measures, Proposition 13 in California and Proposition 2 1/2 in Massachusetts, were directedat I'mltmg' local government revenues, specifically the property tax. While citizens are demanding fiscal conservatism, they are also demanding increased services. This is most apparent in growing commun t es. Thus, local government.s have faced a dilemma of how to prov dethe quantity and qua ity of services which the public deman.d.s, within th.e fiscal constraints ir~posed Th~ alternative commonly turned, to s us. er fees. Impl.ement ng user ~ees as a means to finance selected public services avoids the imposition of a~id tional taxes while meeting the public? demands !.O.,r Services. The impact fee is an outgrowth of the movement toward fnCreased utilization of user fees. It is ~nities'grow there will be a need for making mak~ ~er The source of revenue to requiredto rne~t If taxation is the source of revenue growth, then all taxpayers are being asked to pay for that user fees .an;d the movements toward The doctrine which has evolved is that new development ,,pay fts' fair' share." Within Florida, local governments are not authorized to impose taxation upon new development a.s a means of financing needed c.ap tal mprovements. Thus Ioca governme~s m~st use thei'r !egulato~y act OhS to attalr{ the desired objective. Impact fees are rog?atDp/actions by locai governments, and as such, are not taxes. Being regulatorY' i~ natur(~ development as, a r 1 local government's power to regulate new ;afety and welfare. I Flodda failed after being subjected to The ~ ~ by the City of Gulf Breeze s dedicated five area to percent of their land dedication, purposes or pay an amount in lieu of ordinance was ~upp. 94) the requirements, without authority to impose such a on.e percent additional charge for the issuance ~ revenues dedved parks and utilized for Supp. 139 Fla. relevant; to be The next adopted a five ity of Maitland which, like GUlf of Breeze, The Maitland ordinance was stricken (26.7. Fla.~ .S,o.2d860). The court found 1 the authority of,the city. The" t fees came witch Broward Oo:untv v Janin 975). Breward County, adopted a "land use 2 fee" of $200 per dwelling unit to be used for roads and bridges' '"m close proximity" to the development. The court found that the "land use fee" was, in fact, an unauthorized tax. The milestone year in the evolution of impact fees was 1976. First, with Wald Corporation v. Metropolitan Dado County (Fla. App. 338 So.2d 863) the court held that~ a local government could require offset dedications (for canals) as a condition of development approval. The court found that there was a "sufficient rational nexus to [the county's] goals of achieving intelligent planning designed to protect health, safety and welfare of county citizens to uphold constitutionality of such ordinances as a valid exercise of police ,,power, n that, inter alia, property was located n ar period c flood nn Th" ..... .~ __., .... eas subject to ~--- ~ ..,,=,-,~.u ~u [[IoS~ slgnlflcan! event was _Builders As$ociat on Of P ne las Co, ,-+.- - ,-' -:- .... Contractors ~nd ~,,w ,,. ~., ~.v or uuned (329 So.2d 314 (Fla 1976) The City of Dunedin had adOpted a series of impact fees to pay for the expansi~)n of the city water and sewer system. The court held that raising expansion capital by setting connection charges which do not exceed a pro rate share, is reasonable, if use of themone is mie ' " ...... Y . t d to meeting the the costs of expansion. Additionally, the court note(] mat !ne funds co lected must be specifically earmarked and spent for the purpose for which they were colleCted. ,, T.h,,e Dunedin case applied to water and sewer connection charges. Utility hook up charges have b~en Con~monly used Thus, there was a body of thought that held that Dune~lin ap.plied only to Utility type sen/cas. However,· no s · was a part of the decision; BmWaird ~ ~;tv w~,- ...- · .... - : uc.h restriction · ~ · ~ Ou_., _,=~ ,,u i [~[ m move aneao w .application of Dunedm principles t~ Other'sen/cas. Brow t.h the ~mpact fees for.oarks r~)~,~o ~;-" .... '. .. ard adopted a set es of , . ,- , .~,.~, ,=Hu.~;nools strlctlv aDntv no the D ' · parks tees were ti ~. ,.. - ,-~-, ~ unedm cntena. The · gated. Thecou ,eva ed the Fourth D ' ; ......: rfty ~ .at. the c rcu~t court leve On a ea strict Court of A a~ · ' PP , F~. I:s wr0!e,an opm on wh ch s oke ' ' general In II '~ ' P to mpact fees Y. ldo vwood Jnc. v..¢Broward Co 43 the DCA addr .; ,~,,,~ .~,; ..: : urlty( 1. So.2d 606 [Fla. 4th DCA 1983 · essed the d,ff~,,,t~Ce,be~ ' · . · ]) ,h..o_.s.e p. rev,ously stricken The; m~l di/fee~;ntchee ~n~.pa,~_fe__e.s ,reposed by Brcward and · · ;, , a~ ~.u aanerence to !he Dunedin principles and. the estabiishme~t ~ 'ratior~al nexus between "th requirement or fee and th~ ~nfib~,,-,*,--~ ,_ . . e ded cation . . ~ ........,~,.~,~.,..neeas ~tor !ne communit development· 'Since ~th im,~ nfh~r ~i.;..~, ~ - -- Y because of new at t ...... ..,.., ~u..,, roes nave De ' state and · en es!ab shed uphe d m cou '- , across the rt. It Is Clear that ~m act fee " rata shar ' ,.~: _ . , p s can be utd~zed to re ,, -.-. e of the cost of c,~t,~l ex ansio~ rea 'md hv n~,~ -'- ' .COUp a pro- lne ro i3s .. P.:~ :~ ~uJ,~_ _y -uw ueveiopmem P p alcontaned h · · · · erein ~..to develo an in nm · opposed to Impact f p..~. tn, ~,,,,, ,,;, ......P t¢ . sen/cas fee, as · : e__, ..., T ..... o. oe,~ery costs n the Cit of B .above discuss ~n regardin,~ Im,,-,-* ~*-.-~ ;-~ = ...... ;!ty oynton Beach The ~ ~"~-~ ,uu~ ~ p~esent'ea to ShOw the history of impact tees· There is no such h story or prece~ende for the adopt on- of interim sen/ce fees. It is possible th~ ado?t on of inte]:im serv ce fees could r 'suit i similar to those tesultm,, f .... ~_~ _ . ,,. . ~ n legal challenges u ,u,,, ~uupuo~.or ~ne early Impact fee ordinances as {here is no case la.w or specific stat. utory,authority to; support the * * fee. Devsn Such · · - : ,. aidoptlon of an Interim sen/c g a fee ~s d~fficult Sa . es must clearl be formu t ,.h charg,e_...s' o.n re~ ently developed ro ed Y a ed as a fee, not a tax, to w,mstand judicial scrutiny, p p Y · A f.actor to be consJdered~n deveIoPin, g the nterim s · - relationship between the fee Da d and th~ ~,~; .... , .,_ : .on/roes !ce Includes a direct ........ ~,~,u~, u~ [ne serVices to the' development 3 served. Such a fee might be based on the individual impact of people, attributable to differing types of development, such as: residential, commercial and industrial. Clearly, developing an interim services fee using the cdteria listed above carries the risk of litigation without pdor case law on which to base opinions in favor of the fee. QUALIFICATIONS The Florida Atlantic University/Florida International University Joint Center for Environm ental and Urban Problems proposes to develop an interim services fee for the City of Boynton Beach. The FAU/FIU Joint Center is an applied research arm of south Florida's two state universities. The Joint Center applies the talents and resoumes of both Florida Atlantic Univers ty and F c;rida International University to address and help resolve major environmental, growth management, and urban problems facing the state. The Joint Center fulfills this mission through the following activities: -the creation of multidisciplinary reseamh teams of political scientists, planners, economists, geographers, attorneys~ eng nears, natural scientists, and others to study and develop options.for important publ c policy issues involving such issues as growth management; environmental regulation; public administr-a~ion; land use regulation; urban plannin§; and intergovernmental relations, -the organization of policy conferences and seminars to promote discussion between diverse interests involved in environmental and growth management issues. -the publication of monographs, manuals, and a quarterly journal on new innovations and issues impacting environ mental and growth management concern s in Florida and the nation as a whole, -the development and dissemination of accurate and timely public opinion information on key public pal cy issues through the combined efforts of the Joint Center and the FAU Social Science Research Laboraton/. -the provision of training and technical assistance to upper level management in state, regional, an local levels of government through the combined efforts of the Joint Center and the FAU Institute of Government. The Joint Center's core research staff fluctuates between 10 to 15 researchers. When the scope of a Particular project requires additional expertise or staffing, the Joint Center may draw upon the expertise and experience of faculty in other universities within the State University System or expertise from the private sector in a a coordinated effort to fulfill a part cular project's requirements. 4 The Joint Center has created two previous intedm services fee models. One, for the City of Oakland Park, Florida, was adopted in 1989. The other for the City of Tamarac is awaiting a decision to proceed with adoption. Examples of more general work conducted in the field of urban planning which demonstrates the Joint Center's qualifications for the proposed project includes: -City of Miramar-assisted the City of Miramar in updating its comprehensive plan,1989. revising its land development regulations, and managing organizational change, -City of Fort Lauderdale - provided program management and administrative support for Downtown People Mover prelect, May 1988. -City of Fort Lauderdale - developed two Proposed model zoning ordinances to regulate the location, size, and type of social service residential facilities and child day care facilities, April 1988. -Broward County - served as a consultant to an independent County Charter Review_panel and studied form of government, single member districts, growth management structures, departmental organization and annexation, among other topics, 1988. -Town of Davie - assisted the Town in the Davie Visions 2000 process, which was established under state legislation, and which included citizen participation in setting community goals and objectives to shape the Town's future; designed follow-up conferences to assist in implementation, October 1988. -South Florida Regional Planning Council - assisted the Council staff in implementing its Comprehensive Regional Policies Plan, with a particular focus on the local plan review process, 1988. -South Florida Regional Planning Council - assisted the Council in devising immeth°dSoacts off°rcoastalanticipatingdevelopment,and developing1988, strategies that respond to the cumulative 1989. -Ann exation Impact Analysis," prepared for the City of Naples, Florida, January "T - ransfer of Development Rights for Retaining Breward County's Agricultural 1983.Lands'" prepared for the Broward County Soil and Conservation District, October 5 -"Largo: Evaluation of Performance Zoning," prepared for the Urban Land institute, October 1985. -"State Transportation Modal Alternatives for Growth Management," prepared for the Florida Department of Transportation, February 1986. -"Problems of Municipal Annexation: A Case Study of Broward County," Star Grant, January I985. Community- ~ematwesAffairs, Junet° Feel 985.Simple Land Acquisition," prepared for ihe Department of -'A Study of Miramar's Public Safety, Fire Protection, and Recreational Service Levels," July 1985. -"Recreation and Leisure: Inventory and Analysis for Improving the Quality of Life in the City of Miramar," 1986. -nun: erous econe rnic Impact statements which address the economic implications of: proposed rules and legislation; the designation of specific areas as areas of cdtical state concern; and, the designation of coastal construction lines. -"Housing Linkage Study," January 1990. -"City of Jacksonville 2010 Plan Update," research in progress. -"Florida Growth Management Techniques," research in progress. -"Suburban Land Assembly," July 1990. 'D - evelopment of Regional Water and Sewer Infrastructure for the State of Florida," May 1990. -"East Everglades Planning Case Study," August 1989. 6 STAFFING The Joint Center staff who will have the pdmary responsibility for the City of Boynton Beach interim services fee development will be Marie L. York, Senior Research Associate under the direction of Dr. John M. DeGrove, director of the FAU/FIU Joint Center. Additionally Robert E. George, economist of Boca Raton, Dr. James C. Nicholas, Ph.D., and Charles Siemon of Siemon and Larson will participate in the development of the model and fee schedule. Dr. John M. DeGrove, the Director of the Joint Center, is a nationally recognized expert and author on growth mana.gement and urban issues. As the past Secretary of th~ Department of ~ommunity Affai~-s,.past Board Member of Management District, an . .. South Flodda Water d member of numerous otner commissions and professional councils, Dr. DeGrove will r · p ov de spec~a ns~ght into the policy implications of service fees. Ms. Marie L. York, an economist, led the team who developed the interim services fee for the City of Oakland Park and the City of Tamarac. Ms. York specializes in analyzing the economic effects of policy and p~anning decisions made by local governments, Before joining the staff at the FAU/FIU Joint Center, Ms. York was the economist planner for the City of Boca Raton, Flodda. Robert E. George, an economist, currently services as a private consultant to the City of Boca Raton and the Boca Raton Community Redevelopment Agency. He is a former Boca Raton assistant city manager, Chief of Growth Management Division, Chief of Special Projects, and Economist Planner, as well as finance director for DeKalb, Illinois. Dr. Nicholas has vast experience in the field of urban economics, is a recognized expert in the development of impact fees throughtout the nation, and ParkParticipatedand Tamarac.in the review and development of the interim services fee for Oakland Mr. Charles Siemon is a nationally recognized expert in the field of land use law. Mr. Siemon also Participated in the legal research with the Joint Center for the previous interim service fees developed for Oakland Park and Tamarac. Significant assistance from the City of Boynton Beach's departments in developing the necessary data would also be required. 7 SCOPE OFSERVICES The scope of services to be completed include: A. The collection of data specific to the City of Boynton Beach relating to: residential, hotel, motel, commercial, and industrial development; employment; sources of revenues; and expenditures for services; B. The design of a model to assign service expenditures per type of use; C. An interim report for City review of data, methodology and preliminary results; and D. A final report outlining a recommended fee structure. TIMING A. An interim report will be due 90 days after signing of a contract between the Joint Center and the City,of Boynton Beach. The interim report will be based on data estimates and initial model development. B. Final report will be due 45 days after City Council's affirmative decision to proceed with fee adoption. If council adoption does not occur within one year of the submission of the interim report, preparation of the final report is not to be provided under this proposal, but will require a new proposal and contract. PAYMENT It is suggested that if this proposal is accepted that the contract be a fixed fee contract, and that the payment schedule be: one-third due at time cf'c6ntract signature; one-third at receipt of intedm report; and one:third at receipt 0f final report. 8 BUDGET Director Dr. John M. DeGrove Principal Investigator Marie L. York Research assistant 20 weeks at 50% time Research associate 20 weeks at 50% time Economio consultant Robert E. George Economic consultant James C. Nicholas, Ph.D. Legal consultant Charles Siemon Partial Services Donated Miscellaneous expenses (communication, local travel, publication, etc.) Subtotal Overhead at 20% TOTAL Services Donated $ 3,190 $ 4,130 $ 5,380 $ 2,000 $ 1,250 $ 1,250 $18,400 $ 3,680 _$22.080 9 'A Year of ~989-90 G~NERAL COUNSEL (407 ~7-~007 November 14, 1990 James Cherof City Attorney of Boynton Beach c/o Josias & Goren, P.A. 3099 E. Commercial Blvd. Suite 200 Fort Lauderdale, FL 33308 FLC)RIr-)A ATLANTIC UNIVERSITY P.O. BOX 3091 Re: Interim Services Fee Contract between FAU/JIU Joint Center for Environmental and Urban Problems and the ~ity of Boynton Beach Dear Jim: Enclosed is a copy of a liability Certificate of Coverage with a Policy Number shown as GL-90-0117 issued by the State Insurance Commissioner. Will this suffice for your Risk Manager,s purposes? If you or the City need further information, please contact me. Very truly yours, Thomas J. Ansbro Associate General Counsel TJA/rvr Enclosure CC: Sharon Massey, Admin. Asst., w/enc. FAU/FIU Joint Center ~OV 2? ig$0 ~: riCE FLORIDA CASUALTY INSURANCE RISK .MANAGEMENT TRUST FUND Policy Number: GL-90-Ol17 General and Federal Civil Rights · Liability Certificate of Coverage Named Insured: ~LORIDA ATI~2qTIC UNIVERSITY Rights Liability Coverage prodded pursuant to Chapte} General and Federal 284, Part II, Section 768.28, l~orida Statutes, and any rules promulgated thereunder. Coverage Limits: General Liability: each person each occurrence $100.000.00 $200.000.00 Federal Civil Rights Liability: ~ each person Unlimited each occurrence Inception Date: 07/01/90 Expiraffon Date: 06/30/t) I TOM GALLAGHER TREASURER AND INSURANCE COMMISSIONER GL 7177 R~'V 7/84