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Exh 8D~~ STAFF REPORT CITY OF ATLANTIC BEACH CITY STAFF REPORT AGENDA ITEM: Support of possible legislative action to insure the ability of Florida Cities to collect storm water fees DA'V'E: December 14, 1999 SUBMITTED BY: Jim Hanson, City M r BACKGROUND: Local governments in Florida have established user fees for many years pursuant to local government's constitutional home rule powers. Many Florida cities have established user fees for their storm water utilities, including the City of Atlantic Beach. A 1995 Florida Supreme Court ruling in a case concerning the City of Port Orange brings into question the legal basis of charging storm water fees. As a result of the Port Orange decision, the Florida Association of Storm Water Utilities is recommending that member cities support a legislative correction to the problems that have been created by the Supreme Court decision. For further information see the attached memo from the Florida Association of Storm Water Utilities dated August 31, 1999 as well as the recommendation from Alan Jensen dated November 23, 1999. BUDGET; The recommendation in this matter is not expected to have any impact on the Atlantic Beach budget. RECOENDATION: That the Mayor and Commission of Atlantic Beach go on record to support legislation that will firmly establish the ability of Florida cities to charge storm water fees and to express the City's support in writing to the Duval Legislative Delegation. Auk-31-99 04:20pm From-KURT SPITZER 8502224124 T-313 P.O1/03 F-178 ww w ~~- w w • F!_ORIDA ASSOCIATION of STORMWRT>=R UTILITIES PO Box ti67 TaAahassee, FL 32302 - www.fa~u.vrg - 850/561-09U4 FAX 850/??2-4124 YIA FRCSIMIZE MEMK?RA~,DUM TO: All FASO Members FRO Kurt S itzer M p +~ ~r 1 DATE: August 31, 7999 RE: Stormwater Fee Litigation and Legislation You may remember that FASO has joined the City of Gainesville in its appeal of the decision of the Circuit Court in Leon County that invalidated the City's stormwater fees that had been charged to an FDOT maintenance complex {nor state toads). The fees were invalidated because they were "mandatory ; that is, they were not permissive on the part of the entity receiving stormwater management services and pay[~g the fee. Since they were not valid user fees, the court reasoned that they were either special assessments or property taxes, bath of which FDOT is exempt from paying- FDOT relied an the Supreme Court's 1995 decision in Port OranQS in arguing the Gainesville case. This is a very important issue for stormwater utilities in particular and local govemments in general. !t could take years before the Florida Supreme Court renders a decision in the Gainesville case. We therefore need your assistance in seeking a legislative correclion to the problems that have been created by the Port Orange decision. Background Histarieafly, user fees have been developed pursuant to local govemments' (constitutional) home rule powers. Additionally, in some cases, there may be specifC authority io impose fees that has been granted by the Legislature (e.g. Chapter 4Q3, Florida Statutes, authorizes stormwater ut-lity fees) In both cases, however, 25t years of cars law had left local governments with broad powers to impose such charges and generally only required that the charge was reasonable and that there was a rational nexus between the charge imposed and the service received. However, in 7995, the Florida Supreme Court ruled in Port Orange that fees must pe permissive in nature; that is, the fee payer must have the right to decide whether or not to purchase the service and pay the fee. A library fee is an example of such a voluntary fee.. Also, the court seemed to require specific statutory authorization far local governments to impose user fees. The impact of the Court's decision on siormwater and other fecal programs may tie enormous. Since Part Orange, many challenges have been brought against what ware previously thought Patrick S. Colkns, PE .borne Regan ~. P. Mcarch4nct, PE Kurt 5prr=er Presro'ent vice-President Secretary•Trecisvrer Execun~e D~fecror Vence CQCOQ Segch SQ[QSOTQ County Auk-31-99 04:20pm From-KURT SPITZER 8502224124 T-313 P.OZ/03 F-1 T6 Memorandum August 31, 1999 Page two of three to be routine user fees in trial courts around the state. in addltiort to the lawsuit between Gainesville and FpO7, School Boards, Community College Districts and even FIaEP have cfaalienged stormwater and other fees. Ramifications In most instances, user fees fund municipal stormwater utilities. County systems usually rely on non-ad valorem (special) assessments and are probably not girectly effected by the recent decisions. However, even in those stormwater programs that do not receive significant revenues from other Governmental entities, the impact of the Court's line of reasoning may still be consideraple. 1. Individuals Mav Chaitenge the Fees _ FpOT and School Districts have argued that the fee is a special as$essment pecause once the charge is found to be a special assessment or a tax, the agency is exempt from it's payment by statute. Since special assessments must show benefits to property and not individuals, it is plausible to foresee situations where, for example, a group of renters may challenge stonnwater fees, arguing that they are actually special assessments, and that the property owner should pay the charge. While city govemments are authorized to impose special assessments, the benefrt tests for these types of charges are different than those for user fees. Such differences would likely require recalculating/restructuring the cost allocation methods used for your utility. Additionally, special assessments typically appear on the end-of--year property tax invoke,-not on the monthly water~sewer bill. 2. Refundins~ Improperly levied Chars~es. It is also possible to foresee situations where local governments could be required to refund improperly imposed stormwater charges. One small, north Florida county recently lost a case in the l`lorida Supreme Court concerning a special assessment and has been ordereq to refund all revenues that it had collected after the trial court determined their special assessment was invalid. A similar fate could await stormwater utility fees that were determined to be special assessments and then not recalculated to be valid special assessments. 3. General Threats to Home ule. Prior to Port Orange, it was assumed that cities and counties in Florida had the power to undertake any action and initiate any program deemed to be ir1 the public interest as long as the Constitution or general law did nGt prohibit it. Since mast user fees are not so prohibited, local governments have been aple to initiate and fund many valuable programs throughout the stats_ Thee may also be at risk, Given the recent line of thinking coming from the courts If Florida is to deal with its mounting starrr-water problems it must maintain a sound institutional and policy framework from which it can do so The stoRnwater utility concept is good public policy. It creates a dedicated funding source that allocates costs in an equitable manner to those that create the demand. This issue gees rrglat tp the heart of the st'ormwater triiliIy concept. !t needs your urgent attenfiorl: Auk-31-99 04:20pm From-KURT SPITZER 6502224124 T-313 P.03/03 F-178 Memorandum August 31, 1999 Page three of three Recommendation ItaS technically possible for the Legislature to correct many of the problems created by the Port Orange decision- For example, Chapter X03, FS, which permits stormwater utilities, could be amended so that clear authorization is given to city arld county govemments to require parsons within a stormwater utility to pay a reasonable fee for stormwater management services. While the Legislature could remedy the problem, whether they would is another quesgon; they certainly will not do so unless the issue is identified as a serious problem by their constituent local govemments. Many legislative delegations will soon begin to hold their annual hearings with their local govemments. It is important that your city or county commission includes ibis issue as a priority quring the delegation meetings and in other legislative forums. To that end, its important that all FASU members bring thES issue forward to senior staff and etected officials, Should you have any questions, please feel free to contact me at 850/b61-09p4. I'd be happy to discuss the issue with you or any other local officio{, such as your city or county attorney, topbyist, or member of your Commission or Council. KS/bw G ~p~wwwa~~F~o~a.O+aeaa~ya~ww~Oe,,aw eoc ALAN JENSEN ATTY 526 P02 ALAN C. JENSEN ,A.ttaznep at Law 935 Narih Zbird Street ]Post Q;ft"ice ;Boar 54457 ~aclcsanville Beaeh, Florids 322~i0-0457 Tele~Iaone (904} 2~6-2504 D,A,TE: TO: COMPANY: FAX NUMBER: NUMBER OF PAGES: FROM: czrl~N~rnx~TTl R zv0.: FAX ME11~OFlANJDUN~ November 23, 1999 Jim Hanson, City Manager City of Atlantic Beach NOV 23'99 13:56 Fa~u'le f904) 7A6-9960 Time: i •~ ~'~ (904) 247-5805 5 (izzcluding cover sheet) ~~jjp~ ALAN C. JENSEN, ESQ.`~`L Stormwater Fev Litigation and Lebislation I~IFJSSAGE Jim: I have reviewed Bob K,asoy's Memorandum to David Thompson dated September 1, 1949, and the attached Memorandum dated August 31, 1999, from Kurt Spitzer to all FASU members. I do not believe there is any immediate action which needs to be taken by the City at this time in regard to our stormwater fees_ However, Mr. Spitzer recommends that local gov~rnmPnts identify the stormwater fees as a serious issue to our legislative delegations so that it can be considered during their annual meetings. Mr. Spitzer has requested the assistance of all FASU metnbezs in seeking a legislative correction to the problems that have been created by certain court decisions. Atlantic .Beach should therefore express in writing to the Duval legislative delegation its concerns regarding the stormwater fees issue and a request that the problems created by the Port Qrant~ decision be cozrected by legislation. ,A, copy of that decision is faxed herewith. zf I can provide any further inforn~ati.on or assistance in this regard, please do not hesitate to contact me. Alan Tha information contained in this facsimile message is attorney privileged and confi,demtial information intended only for rho usa of the individual or entity named above. If the reader of this message is not the intended recipient, or the employee or agent responsible to deliver it to the intended recipient, you are hereby notified that any disseminatioa, distribution or copying of this couzznunication is strictly prohibited. If you have received this communication in error, please immediately notify us by talaphone and return the original xxtessage to us at the above eddrrsa via U.S. Postal Service. Thank you. ' ALAN JENSEN ATTY 650 So.2d 1 19 FIa. L, Weekly 5563 (Cite as: 650 So.2d 1} STAT1v of Florida, Appellant, v. The CTfY O); PORT ORANGE, Z:lorida, a political suDdi~uision of the State of l~orida, Appenee. No. 83143. Supzeme Court of Florida_ Nov. 3, 1994. Rehearing Aenied Feb. l7, 2995. eFlction was brought cballengjng legality of city's issuance of transportation utility bonds. The Circuit Court, Volusia County, Richazd H. Orfi~nger, 3., declared that bond issue was valid, and state appealed. The SLpzezne Court, Wells, l"., held thy[ transponation utility fees used to finance bands were unauthorized tax, rather than valid user fee, and thus bond issue was unauthorized and invalid. Reversed. jlJ MUNICIPAL COR~ORATIONS~917(Z) 268k917(2) Judicial inquiry in bond validation proceedings is limited to determiniuag if public body has autlwrity to issue subject bonds, determining if purpose of obligation is legal, and ensuring that authorization of obligation complies with requirements of law, [2] MUNICIPAL CORPORATIONS G'906 268k906 Subsumed within inquiry as to whether public body has authority to issue subject bond is legality of financing agreemezlt upon which bond is secured. (3J MUNICIPAL CORPORATION5 G~931 268k93 l Transpozrarian utility fees assessed by city co fund tzansportatiorz utility bonds were unaudwrized taxes, rather than user fees, and therefore bonds were invalid, as such fees involved mandatory charges imposed upoA those whose only choice was owning developed property within boundaries of city. - - (4] MUNICIPAL CORPOIt.ATIONS G~956(X) 2681sJ56(I) Taxation by city must be expressly authorized either 526 P03 NOV 23'99 13:56 gage Y by Florida Constitution oz grant of Florida legislature_ j4J MU1`IiC1PA.L CORPORATIONS 0957(1) 2b8k957(l) Taxation by city rrnrst be expressly authorized either by Florida Constihrtion or grant of Florida legislature. [5] l~1UNICIPAL CORPORATION5 G~956(1) 268k956(1) Power of municipality co tax should not be broadened by scuaantics. (671tiIUNICIPAI, CORPORATIONS C°~962 2b8k962 Pundittg for maintenance and arnprovemeztt of existing municipal road system, every when limited to capital projects, is revem~e for exercise of sovereign function cotuemplated witksist definition of tax. j7l MUIVICIPAi. CORPORATIONS G~722 2b8k722 "User fees," which unlike taxes need not be authorized by general law, are based upon proprietary right of governing body permitting use of instrumentality involved; such fees share common traits that distinguish them from taxes, including that they are charged iza exchange for particular governmental service with. benefits patty payiztg fee in tuannet not shared by other members of society, and they are paid by choice, in that patty paying fee has option of not utilizing governmental service and thereby avoiding charge_ Ste publication Words and Phrases for other judicial constructions and deltnitions. I7] MUNICIPAL CORPORATIONS C:-a9S5(1} 268k956(1) "User fees," which unlike taxes need not be authorized by general law, are based upon proprietary right of goveruit~ body permitting use of instrumentality involved; such fees share cotnnaon traits that distinguish them from taxes, including That they are charged in exchange for particular govemmental service with benefits parry payir~ fee in mauuaz not shared by other members of society, aad they are paid by choice, in that patty paying fee has option of not utilizing govemznenral service and thereby avoiding ebazge. See publication Words anti Phrases for other judicial constructions and definitions. [8J M'tfNICIPAL CORPORATIONS f~956t2) Copt. ~ West 1999 No Claiztr to Orig. U.S. Govt. Works ALAN JENSEN ATTY 650 So.Zd l (Cite as: 650 5o.2d 1) 268k956(2} Constitutional provisions placing limit on ad valorem miJlage available to municipalities, exempting bomcsteads from. taxation up to minin} sir limits, and exempting from levy spec~cally delineated homesteads cannot be circumvented by creative approaches to generating revenue that are i~a fact taxes. West's F.S. A,. Coast. Art. 7, § 9; Art. 10, § 4. Ig3 TAXATION 0196 371k196 Constitutional provisions placing limit on ad valorem rnillage available to municipalities, exempting hoznesteadS from taxation up to minimum ~~, earl excAapting from levy specifically delineated homesteads cannot be circurxivented by creative approaches to generating revenue that are in fact taxes. West's P.S.A. Coast. Art. 7, § 9; Art. I0, § 4. ~X Roben A. Butterworth,, Atty. Gen_, Joseph C. Mellichamp, I>:I, Sr. Asst. Atty. Gen., and Eric 1. Taylor, Assn. Atty. Gen,., Tallahassee, for appellants. Peter L. Dame of Squire, Sanders & Deztspsey, Jacksonville, and Maureen S_ Si)cora, Ciry Atry., Ciry of Port Orange, Port Orange, for appellee. s2 David J. Russ, Asst. Gen. Counsel, Dcpt. of Community Affairs, Tallahassee, amicus curiae for Florida Dept. of Community Affairs. Roy K. Payzze, Asst. City Atry., Orlando, amicus curiae for City of Orlando. Kraig A. Corer, Asst_ Gee. Counsel, Florida Ixague of Cities, Inc., Tallahassee, amicus curiae for Tire Florida League of Cities, lac. Susan F1. Churuti, Alas County Atry., President and C. Allen Watts of Cobb, Cole & Bell, Daytona Beach, amicus curiae for The Florida Assn of County Attys., Ina Paul R. Gougelutan of Reinman, Harrell, Grahaut, Mitchell & Wa[twood, P.A., Melbourne, amicus curiae for The Florida Bar, by and through, its Local Government Law Secbioxr. George H. Nickerson, Jr., Robert L. Nabors and Rani T. Partridge of Nabors, Giblin & Nickerson, P.A., Tallahassee, and Stephen E. Demarsh, tlsst. County Attp., Sarasota, amicus curiae for Sarasota 526 P04 NOV 23'99 13:57 Page Z Cwnty. Stanley Jaunes Brainerd, Gen. Counsel, l~lorida Chamber of Commerce, Tallahassee, amicus curiae for Florida Charnbcr of Commerce. WELLS, Justice. We have oa appeal a decision of the trial court declaritzg that a proposed bond issue is valid. We have jurisdiction. Art. V, § 3(b)(2), F71a. Coast. [1) Judicial inquiry in bozo] validation proceedings is limited. Specifically, courts should: (1 } determine if a public body has the authority to issue the subject bonds; (2} determine if the purpose of the obligation is legal; azul (3) ensure that the authorization of fire obligation complies with ttie requireaxients of law, Taylor v. Lec Counry•, 498 So.2d 424, 42.5 (Fla.1986) (citing Wohl v. State, 4$0 So.2d 639 (FIa.19$5)). The City of Port Orange (the Ciry} enacted a "Transportation .Utility Ordinance," City of Part Orange Ordinance No. 1992-11, creating a "Transportation Utility" of the City and adopting a "transportation utility fee" relatizig to the use of city roads. The fee is imposed upon the owmers and occupants of developed properties within the Ciry. No fees are imposed on undeveloped property. Any u~ipaid fee becomes a lien upon the property until such fee is paid. The costs to be defrayed by the fee arc the City's expenses relatizig to the operation, maintenance, and improvement of the local road system. The circuit court limited these costs to capital projects. The orduiaztce requires that city-maintained roads be Classified as arterial, collector, or Iocal roads, tied the cost of constructing tint] mainranaitrg such roads be allocated separately. Because arterial and collector roads provide mobility and facilitate traffic movement to anti from all pzoperties, the ordinance requires that costs incurred by the City oa those roads be allocated to all developed properties within the city. The furiCtion of local roads, it was detezurined, is to provide access to abutting properties. The ordinance requixcs the City to allocate costs incurred on local roads to developed properties fronting chose toads. None of the costs of local roads are allocated to properties fronting private s~bciivision roads. Tkie City is required by the ordinance to estimate the Copt. ~ West 1999 No Claim to Orig. U.S. Govt. Works ALAN JENSEN ATTY 650 So.2d 1 (Cite as: 6S0 So.2d 1, *2) amoutu of usage of the local roads by the owners and occupiezs of developed properties through a mixture of aca~al tzaffic counts and the use of a "'Drip Generation A+iauual;" developed by the Institute of Trafbie F..~gineezs. The Ciry allocates the costs for tech class of roads to the users of that class of toad in proportion to the number of trips generated by each user. [FNI] The *3 ordinance states that the fees Property Class Commercial Property Property Class Commercial Property generating Dwellings on Public Roads Dwellings on Private Roads Dwellings on state or County Roads The City further authorized the issuance of Transportation t3dlity Bonds, City of Fort Orange Ordinance No. 199?-28, to fznaztce the costs of constructing, renovating, expanding, and improving certain. city transportation. facilities. Such bonds are to be paid by a pledge of the transpoxtatiozantility fees. [Zj Subsumed within the inquiry aS to whether the public body has the authority to issue the subject bond is the legality of the financing agreement upon which the bond is secured. GRW Corp. v. Department of Corrections, 642 So.?d 718 {F1a.1944). Integral to the financing agreement bare under review ]s the pledge of what the bortcl ordirsatace labels "transportation utility fees." Thus, we must determine whether tilt pledge of the transportation utility fees is a pledge of tax revenue or is a pledge of user charges or fees. Because a tax must be authorized by general law, the City agrees that if the transportation utility fee is a tax, even broad home rule powers granted to municipalities do not authorize it. [3] The circuit coon ruled chat the transportation utility fee is a valid user fee, not a tax, and the Ciry is authorized under municipal home rule powers to impose and collect the fee. We do trot agree. We reverse the decision of the circuit court. We hold that what is designated iur the boned ordinance as a transportation utility fee is a tax which must be authorized Dy general law. [4)[S) This Gown bas held that taxation by a city must be expressly authorized either by tkae Florida Constitution or giant of the piorida Legislature. "Doubt as to the powers sought to be exorcised must Page 3 collected from any property need not be in close proximity to such property or provide a special bene;6t ro such property that is different in type or degree fzvm benefits provided to the community as a whole. FN1. City of fort OFSLtge Resolution No. 42-71, Section Z, sev forth the t'ollowiz~g rates to be utilized in deteruliriiag aazisportatiountility ftes: Rate (S/month} Z_29 Rate {$/month} .0002984/trip 2.29 .50 .50 generating 0-142 trips per day be resolved against the municipa)zty and itn favor of the general public. " City Of Tampa v. Birdsong Motors, Inc_, 261 So.2d 1, 3 (Fia.1972). It is our view that the power of a municipality to tax should not be hzoadened. by semantics which would be the effect of labeling what ilte City is here collecting a fee rather than a taz. (6) In Ciry of Boca Raton v. State, 595 So.2d 25 {F1a.1992), this court noted that a tax is an enforced burden imposed by sovereign right for the support of the government, the m;n;ftrarion of law, and [he exercise of various functions the sovereign is called on to perform. Klenano~ v, Davenport, 100 Fla. 627, 631, 129 So. 404, 947 (1930). Funding for the maintenance and improvement of an existing municipal road system, even when limited to capital projects as the circuit court dicl here, is ievezrue for exercise of a sovereign function contemplated within thrs defuutron 4f a tax. [7] User fees are charges based upozt the proprietary right of the governing body perrnittirrg the use of the insttumentaliry involved. Such fees share common traits that distinguish them from taxes: they are charged iar exchange for a particular governmental service which benefits the party paying the fee in, a manner not shared by other members of society, National Cable Television Assn. v. United States, 415 U.S. 336, 341, 94 5.Ct. 1146, 1149, 39 L.F.ti.2d 370 (1974); and they are paid by choice, in that the party paying the fee: bas the option of not utilizing the governmental service and thezeby avoiding the charge. Bmerson College v. Ciry of Boston, 391 Mass. 415, 462 N.E.2d 1098, 1105 (1984) (citing Copr. ®West 1999 No Claim to Orig. U.S. Govt. Works 143-6,000 trips per day 526 P05 N(]V 23'99 13:5? ALAN JENSEN ATTY 650 So.2d 1 (Cite as: 650 So.2d i<, *3) City of Vanceburg v. Federal Bnesgy Regulatory Comm'n, 571 F.Zd 634, 644 n. 48 (D.C.Cir.1977), cert. denied, 439 U. S. 818, 99 S.Ct. 79, 58 L.Eti.2d 108 (1978)). The above concept of user fees was approved by Phis Court in City of Daytona Beach Shores v. State, 483 So.2d 405 (F1a.1985). The City's transportation utility fee falls within our defir-ition of a tax, not our defuaition of a user fee. Tile circuit Court found this transportation utility fee to be similar to the concept of irrtpaci fees which this Court has approved. Impact fees imposed by a municipality were upheld in Contractors and Builders Association v. City of Dunedin, 329 So.2d 314 (F1a.1976). However, in that case, impact fees were clearly limited: *4 Raising expansion capital by setting connection charges, which do trot exceed a pro rata share of reasonably anticipated costs of expansion, is permissible where expansion is reasonably retitrired, if use of the money collected is limited to meeting the costs of expansion. Users "who benefit especially (sicJ, not from the maintenance of the system, but by Ehe extension of the system ... should bear the cost of that extension." Hartman v. Aurora Sanitary District, (23 Ill.2d I(19, I77 N.E.2d 214, 218 (II1.1961) ]. On the other hand, it is not "just and equitable" for a zn~utlicipally owned utility to impose the entire burden of capital expenditures, including replacement of existing pIattt, an persons connecting to a water and sewer system after an arbitrarily chosen time cet'tain. The cost of new facilities should be borne by new users to the extent new use zequires new facilities, but only to that extent. When new facilities xaust be built in any event, looking only to new users for necessary capital 8~vcS old users a windfall at the expense of new users. Id, at 320-21 (footnote ouaittecl). Thus, the irupact fee itr Catatractors and Builders Association v. City of Dunedin was a valid user fee because it involved a voluntary choice to connect uato an eaistixaS instrumentality of the municipality. The Port Orange fee, unlike Dunedizi s impact fee, is a mandatory charge imposed upon those whose only 526 P06 NOV 23'99 13:58 Page 4 choice is owning developed property within the bouzxiarics of the municipality. The circuit court cites to storm-water utility fees as being analogous to the transportation utility fee. However, storm-water utility fees are expressly authorized by section 403.031, Florida Statutes (1993). Similarly, various municipal public works and charges for their use are authorized by chapter 180, Florida Statutes (1993). However, the City's transportation utility fee is not authorized by chapter 180, Florida Statutes. What the City's transportation utility fee does is convert the roads and the municipality into a toll road system, with only owrters of developed property in the city zequired to pay the toils. We Find uo siaiutory or constitutional authority for such tolls by a municipality. (8] Finally we recognize the revenue pressures upon. the municipalities and all levels of gavernzrtent in Florida. We understarxl that this is a czeative effort in response to the need for revemte. However, in Florida's Consritution, the voters have placed a limit on ad valorem millage available to municipalities, art. VII, § 9, Fla. Const.; made homesteads exempt front taxation up to minimTim lirrtits, art. VII, § 9, Fla. Const.: and exempted from levy those homesteads specifically delineated in anicle X, section 4 of the Florida Constitution. These constitutional provisions cannot be circumvented by such creativity. The issuance by the City of transportation utility revenue bands in an aggregate principal amount not to exceed $500,004, pursuant to Ozdirance Na. 1942-28, is raot authorized and is hereby invalidated. The circuit court's judgment is zeversed. It is so ordered. GRIMES; C.J., and OVERTON, SHAW, KOGAN, HAIZDING and ANSTEAD, JJ., concur. END OF DOCUMENT Capt. l9'Vltest 1.994 No Claim to Orig. U.S. Govt. GVorks