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I, CHEVELLE NUBIN, City Clerk of the City of Delray Beach, Florida, do hereby
certify that the above and foregoing is a true and correct copy of Resolution No. 07-07
whi ch was passed by the City Commission on March 15, 2007.
IN WITNESS THEREFORE, I have hereunto set my hand and the official seal of
the City of Delray Beach, Florida, on this the 15`h day of March, 2007.
~•
. ~, ~ = Chevelle D. Nubin, CMC
- -- City Clerk
~, - City of Delray Beach, Florida
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RESOLUTION NO. 7-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR
ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH;
SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO
ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS;
PROVIDING FOR AN EFFECTIVE DATE AND FOR A DUE DATE AND
INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF
THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN
UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS;
PROVIDING FOR THE MAILING OF NOTICE OF LIEN.
WHEREAS, the Ciry Manager or his designated representative has, pursuant to Chapter 90
of the Code of Ordinances, removed junked and/or abandoned vehicles owned by persons described in
the list attached hereto and made a part hereof, for violation of the provisions of Chapter 90 of the Code
of Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of the Ciry of Delray Beach,
the City Manager or his designated representative has determined that a nuisance existed in accordance
with the standards set forth in Chapter 94 of the Code of Ordinances, and did furnish the respective
owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to
Sections 90.02 and 90.03 of the Code of Ordinances; and,
WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof
did fail and neglect to remove said junked and/or abandoned vehicles, and thus failed to abate the nuis-
ance(s) or to properly request a hearing pursuant to Chapter 90 within the time limits prescribed in
Chapter 90 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said
property owner(s) failed and/or neglected to abate such nuisance(s) as required by Chapter 90 of the Code
of Ordinances; and,
WHEREAS, the Ciry of Delray Beach, through the Ciry Administration or such agents or
contractors hired by the City Administration was therefore required to and did remove said junked and/or
abandoned vehicles owned by persons described in the list attached and made a part hereof and incurred
costs in abating the subject nuisance(s); and,
WHEREAS, the Ciry Manager of the Ciry of Delray Beach has, pursuant to Chapter 90 of
the Code of Ordinances of the Ciry of Dekay Beach, submitted to the Ciry Commission a report of the
costs incurred in abating said nuisance(s) as aforesaid; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 90 of
the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CI'I"Y COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown by the report of the City
Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances a copy of
which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in
said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 3, become a lien upon the respective lots
and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for
general city taxes and shall be collectible in the same manner and with the same penalties and under the
same provisions as to sale and foreclosure as City taxes are collectible.
Section 2. That such assessment shall be legal, valid and binding obligations upon the
property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately
mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of Dekay Beach on the
has levied an assessment against said property for the cost of
abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days
after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and
interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of
collecting said sums.
Section 4. That this resolution shall become effective immediately upon adoption, and the
assessment(s) contained herein and shall become due and payable thirty (30) days after the mailing date of
the notice of said assessment(s), after which a lien shall be placed on said property(s), and interest shall
accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of
such proceedings including a reasonable attorney's fee.
Section 5. That in the event that payment has not been received by the City Clerk within
thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon
the date and time of recording of the certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs
including a reasonable attorney's fee.
Res. No. 7-07
. ~ i
j . ,,`
Section 6. That at the time the City Clerk sends the certified copy of this resolution for
recording, a notice of lien, in the form of prescribed in Section 90.06 of the Code of Ordinances, shall be
mailed to the property owner.
PASSED AND ADOPTED in regular session on this ~ day of
2007.
~~~
ATTEST: ~
City Clerk
This instrument was prepared by:
Susan A. Ruby, City Attorney
200 N.W. 1" Avenue
Delray Beach, Florida 33444
Res. Na. 7-07
- - COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
222 NE 16th STREET
PLUMOSA PARK SEC A LOT 57 PB 23 P 68
PCN: 12 43 46 09 19 000 0570
CASE NO. AV06-55144 CUST NO. 6367 DEBORAH PEASON
618 BUNTING DRIVE
DELRAY BEACH, FL 33444
45.00
nv. No. 30656
$ 25.00 Admin Fee
$ 70.00
230 SW 3rd AVENUE
TOWN OF DELRAY
S 75 FT OF N 150 FT OF E 1/2 IF S 1/2 BLK 39
PB 11 P 34
PCN: 12 43 46 16 01 039 0050
CASE NO. AV06-54664 COST NO. 6631
ROBERT L & ANGELA D BURNS
2578 LAKE IDA RD
DELRAY BEACH, FL 33445
45.00
nv. No. 30657
$ 25.00 Admin Fee
$ 70.00
2121 W ATLANTIC AVENUE
18-46-43, W 100 FT OF E 442.4 FT OF SLY
124.19 FT OF NW
1/4 OF SE 1/4 LYG N OF ADJ TO SR 806 PB 6
P51
PCN: 12 43 46 18 00 000 5150
CASE NO. AV06-55369 COST NO. 12214
BD FOOD MART
aka STOP-N-GO INC.
c/o ABUNASIR ARMED, REG AGT
2121 W ATLANTIC AVE
DELRAY BEACH, FLORIDA 33445
45.00
nv. No. 30659
$ 25.00 Admin Fee
$ 70.00
VIOLATION IS: SECTION 90
03 -S TORING
PARKING OR LEAVING
.
,
WRECKED OR INOPERABLE MOTOR HAZARDS
DECLARED NUISANCE
;
RES. NO.7-07 (revised).xls
RESOLUTION NO. 7-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS
FOR ABATING NUISANCES BY REMOVING JUNKED AND/OR
ABANDONED VEHICLES WITHIN THE CITY OF DELRAY BEACH;
SETTING OUT ACTUAL COSTS INCURRED BY THE CITY TO
ACCOMPLISH SUCH ABATEMENT AND LEVYING SAID COSTS;
PROVIDING FOR AN EFFECTNE DATE AND FOR A DUE DATE AND
INTEREST ON ASSESSMENTS; PROVIDING FOR THE RECORDING OF
THIS RESOLUTION, AND DECLARING SAID LEVY TO BE A LIEN
UPON THE SUBJECT PROPERTY FOR UNPAID ASSESSMENTS;
PROVIDING FOR THE MAILING OF NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 90
of the Code of Ordinances, removed junked and/or abandoned vehicles owned by persons described in
the list attached hereto and made a part hereof, for violation of the provisions of Chapter 90 of the Code
of Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of the City of Dekay Beach,
the City Manager or his designated representative has determined that a nuisance existed in accordance
with the standards set forth in Chapter 90 of the Code of Ordinances, and did fiunish the respective
owner(s) of the land(s) described in the attached list with written notice of public nuisance pursuant to
Sections 90.02 and 90.03 of the Code of Ordinances; and,
WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof
did fail and neglect to remove said junked and/or abandoned vehicles, and thus failed to abate the nuis-
ance(s) or to properly request a hearing pursuant to Chapter 90 within the time limits prescribed in
Chapter 90 of the Code of Ordinances, or if the property owner(s) did request and receive a hearing, said
property owner(s) failed and/or neglected to abate such nuisance(s) as required by Chapter 90 of the Code
of Ordinances; and,
WHEREAS, the City of Dekay Beach, through the City Administration or such agents or
contractors hired by the City Administration was therefore required to and did remove said junked and/or
abandoned vehicles owned by persons described in the list attached and made a part hereof and incurred
costs in abating the subject nuisance(s); and,
WHEREAS, the City Manager of the Ciry of Delray Beach has, pursuant to Chapter 90 of
the Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the
costs incurred in abating said nuisance(s) as aforesaid; and,
WHEREAS, the Ciry Commission of the City of Dekay Beach, pursuant to Chapter 90 of
the Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown by the report of the City
Manager of the City of Dekay Beach, involving the City's cost of abating the aforesaid nuisances a copy of
which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in
said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within
thirty (30) days after mailing of the notice described in Section 3, become a lien upon the respective lots
and parcel(s) of land described in said report, of the same nature and to the same extent as the lien for
general city taxes and shall be collectible in the same manner and with the same penalties and under the
same provisions as to sale and foreclosure as City taxes are collectible.
Section 2. That such assessment shall be legal, valid and binding obligations upon the
property against which said assessments are levied.
Section 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately
mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the
has levied an assessment against said property for the cost of
abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days
after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and
interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of
collecting said sums.
Section 4. That this resolution shall become effective immediately upon adoption, and the
assessment(s) contained herein and shall become due and payable thirty (30) days after the mailing date of
the notice of said assessment(s), after which a lien shall be placed on said properry(s), and interest shall
accrue at the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of
such proceedings including a reasonable attorney's fee.
Section 5. That in the event that payment has not been received by the City Clerk within
thirty (30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to
record a certified copy of this resolution in the public records of Palm Beach County, Florida, and upon
the date and time of recording of the certified copy of this resolution a lien shall become effective on the
subject property which shall secure the cost of abatement, interest at the rate of 8%, and collection costs
including a reasonable attorney's fee.
Res. No. 7-07
Section 6. That at the time the City Clerk sends the certified copy of this resolution for
recording, a notice of lien, in the form of prescribed in Section 90.06 of the Code of Ordinances, shall be
mailed to the property owner.
PASSED AND ADOPTED in regular session on this ~ day of
2007.
~,~ z /~~
ATTEST:
~. ~~,~
City Clerk
This instrument was prepared by:
Susan A. Ruby, City Attorney
200 N.W.1" Avenue
Delray Beach, Florida 33444
Res. No. 7-07
CITE OF DELRA~ .BEACH
DELRAYBEACH
l O R D C ITY CLERK 100 N.W. 1st AVENUE DELRAY BEACH, FLQRIDA33444 561/243-7000
All-America City
2001
1993 CERTIFICATION
I, CHEVELLE D. NUBIN, City Clerk of the City of Delray Beach,
do hereby certify that the attached document is a true and correct
copy of Resolution No. 7-07, as the same was passed and adopted
by the Delray Beach City Commission in regular session on the 6"'
day of February, 2007.
IN WITNESS WHEREOF, I have hereunto set my hand and the
official seal of the City of Delray Beach, Florida, on this the 7~' day of
September, 2007.
ti ta,~ ~. Chevelle Nubin, CMC
x ~'~`.~` ~ ~~ ~ - City Clerk
,.
' `~'' ' ~ ` ~ ~T-.`.~, City of Delray Beach, Florida
_... ~,
!ry ~ Y V i~
(SEAL)
® panted on RecyoreEd ;~~~e, ~ H E EFFORT- A LV~IAY S MAT -~" ~ !~ S
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM:
SUBJECT:
DATE: FEBRUARY 2, 2007
This is a resolution assessing costs for abatement action necessary to remove junked and/or abandoned
vehicles from six (6) properties within the City.
The resolution sets forth the actual costs incurred and provides the mechanism to attach liens against the
properties in the event the assessments remain unpaid.
Recommend approval of Resolution No. 7-07
RESOLUTION N0.7-07
RESOLUTION NO. 7-07
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DELRAY
BEACH, FLORIDA, PURSUANT TO CHAPTER 90 OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH, ASSESSING COSTS FOR
ABATING NUISANCES BY REMOVING JUNKED AND/OR ABANDONED
VEHICLES WITHIN THE CITY OF DELRAY BEACH; SETTING OUT
ACTUAL COSTS INCURRED BY THE CITY TO ACCOMPLISH SUCH
ABATEMENT AND LEVYING SAID COSTS; PROVIDING FOR AN
EFFECTIVE DATE AND FOR A DUE DATE AND INTEREST ON ASSESS-
MENTS; PROVIDING FOR THE RECORDING OF THIS RESOLUTION, AND
DECLARING SAID LEVY TO BE A LIEN UPON THE SUBJECT PROPERTY
FOR UNPAID ASSESSMENTS; PROVIDING FOR THE MAILING OF
NOTICE OF LIEN.
WHEREAS, the City Manager or his designated representative has, pursuant to Chapter 90 of
the Code of Ordinances, removed junked and/or abandoned vehicles owned by persons described in the list
attached hereto and made a part hereof, for violation of the provisions of Chapter 90 of the Code of
Ordinances; and,
WHEREAS, pursuant to Chapter 90 of the Code of Ordinances of the City of Delray Beach,
the City Manager or his designated representative has determined that a nuisance existed in accordance with
the standards set forth in Chapter 90 of the Code of Ordinances, and did furnish the respective owner(s) of
the land(s) described in the attached list with written notice of public nuisance pursuant to Sections 90.02 and
90.03 of the Code of Ordinances; and,
WHEREAS, the property owner(s) named in the list attached hereto and made a part hereof
did fail and neglect to remove said junked and/or abandoned vehicles, and thus failed to abate the nuisance(s)
or to properly request a hearing pursuant to Chapter 90 within the time limits prescribed in Chapter 90 of the
Code of Ordinances, or if the property owner(s) did request and receive a hearing, said property owner(s)
failed and/or neglected to abate such nuisance(s) as required by Chapter 90 of the Code of Ordinances; and,
WHEREAS, the City of Dekay Beach, through the City Administration or such agents or
contractors hired by the City Administration was therefore required to and did remove said junked and/or
abandoned vehicles owned by persons described in the list attached and made a part hereof and incurred
costs in abating the subject nuisance(s); and,
WHEREAS, the City Manager of the City of Dekay Beach has, pursuant to Chapter 90 of the
Code of Ordinances of the City of Delray Beach, submitted to the City Commission a report of the costs
incurred in abating said nuisance(s) as aforesaid; and,
WHEREAS, the City Commission of the City of Delray Beach, pursuant to Chapter 90 of the
Code of Ordinances desires to assess the cost of said nuisance(s) against said property owner(s),
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That assessments in the individual amounts as shown by the report of the City
Manager of the City of Delray Beach, involving the City's cost of abating the aforesaid nuisances a copy of
which is attached hereto and made a part hereof, are hereby levied against the parcel(s) of land described in
said report and in the amount(s) indicated thereon. Said assessments so levied shall, if not paid within thirty
(30) days after mailing of the notice described in Section 3, become a lien upon the respective lots and
parcel(s) of land described in said report, of the same nature and to the same extent as the lien for general city
taxes and shall be collectible in the same manner and with the same penalties and under the same provisions
as to sale and foreclosure as City taxes are collectible.
'on 2. That such assessment shall be legal, valid and binding obligations upon the property
against which said assessments are levied.
'on 3. That the City Clerk of the City of Delray Beach is hereby directed to immediately
mail by first class mail to the owner(s) of the property, as such ownership appears upon the records of the
County Tax Assessor, notice(s) that the City Commission of the City of Delray Beach on the
has levied an assessment against said property for the cost of
abatement of said nuisance by the City, and that said assessment is due and payable within thirty (30) days
after the mailing date of said notice of assessment, after which a lien shall be placed on said property, and
interest will accrue at the rate of 8% per annum, plus reasonable attorney's fees and other costs of collecting
said sums.
ction 4. That this resolution shall become effective immediately upon adoption, and the
assessment(s) contained herein and shall become due and payable thirty (30) days after the mailing date of the
notice of said assessment(s), after which a lien shall be placed on said pxoperty(s), and interest shall accrue at
the rate of eight (8) percent per annum plus, if collection proceedings are necessary, the costs of such
proceedings including a reasonable attorney's fee.
Section 5. That in the event that payment has not been received by the City Clerk within thirty
(30) days after the mailing date of the notice of assessment, the City Clerk is hereby directed to record a
certified copy of this resolution in the public records of Palm Beach County, Florida, and upon the date and
time of recording of the certified copy of this resolution a lien shall become effective on the subject property
which shall secure the cost of abatement, interest at the rate of 8%, and collection costs including a
reasonable attorney's fee.
Res. No. 7-07
Section 6. That at the time the City Clerk sends the certified copy of this resolution for
recording, a notice of lien, in the form of prescribed in Section 90.06 of the Code of Ordinances, shall be
mailed to the property owner.
PASSED AND ADOPTED in regular session on this day of
2006.
MAYOR
ATTEST:
City Clerk
This instrument was prepared by:
Susan A. Ruby, City Attorney
200 N.W. 1" Avenue
Delray Beach, Florida 33444
Res. No. 7-07
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCE
PROPERTY DESCRIPTION OWNER ASSESSMENT
710 & 714 S SW INTON AVE ii
20-46-43, E 390.05 FT OF N 244 FT OF E 3/4 GRACE COMMUNITY CHRIST &
OF LT 11 MISSIONARY CHURCH
(LESS E 33 FT SWINTON AVENUE & S 20 FT c/o JEAN JOSEPH, REG AGT !.
SW 8TH ST RD R/WS) PB 28 P 68 7451 LADSON TERRACE
PCN: 12 43 46 20 01 011 0021 LAKE WORTH, FLORIDA 33467
CASE NO. AV06-53412 CUST NO. 8441 $ 45.00 Inv. No. 30654
$ 25.00 Admin Fee
$ 70.00
710 & 714 S SWINTON AVE
20-46-43, E 390.05 FT OF N 244 FT OF E 3/4 GRACE COMMUNITY CHRIST &
OF LT 11 MISSIONARY CHURCH
(LESS E 33 FT SWINTON AVENUE & S 20 FT Go JEAN JOSEPH, REG AGT
SW 8TH ST RD R/WS) PB 28 P 68 7451 LADSON TERRACE
PCN: 12 43 46 20 01 011 0021 LAKE WORTH, FLORIDA 33467
CASE NO. AV06-53594 CUST N0.8441 $ 45.00 Inv, No, 30655
$ 25.00 Admin Fee
$ 70.00
222 NE 16th STREET DEBORAH PEASON
PLUMOSA PARK SEC A LOT 57 PB 23 P 68 618 BUNTING DRIVE
PCN: 12 43 46 09 19 000 0570 DELRAY BEACH
FL 33444
CASE NO. AV06-55144 COST N0.6367 , $ 45.00 Inv. No. 30656
$ 25.00 Admin Fee
$ 70.00
230 SW 3rd AVENUE
TOWN OF DELRAY ROBERT L & ANGELA D BURNS
S 75 FT OF N 150 FT OF E 1/2 IF S 1/2 BLK 39 2578 LAKE IDA RD
PB 11 P 34 DELRAY BEACH, FL 33445
PCN: 12 43 46 16 01 039 0050
CASE NO. AV06-54664 CUST N0.6631 $ 45.00 Inv. No. 30657
$ 25.00 Admin Fee
$ 70.00
710 & 714 S SW INTON AVE
20-46-43, E 390.05 FT OF N 244 FT OF E 3/4 GRACE COMMUNITY CHRIST 8
OF LT 11 MISSIONARY CHURCH
(LESS E 33 FT SWINTON AVENUE & S 20 FT c/o JEAN JOSEPH, REG AGT
SW 8TH ST RD R/WS) PB 28 P 68 7451 LADSON TERRACE
PCN: 12 43 46 20 01 011 0021 LAKE WORTH, FLORIDA 33467
CASE NO. AV06-53398 CUST N0.8441 $ 45.00 Inv. No, 30658
$ 25.00 Admin Fee
$ 70.00
RES. N0.7-07.xls
COST OF ABATING NUISANCES UNDER CHAPTER 90
OF THE CODE OF ORDINANCE
2121 W ATLANTIC AVENUE
18-46-43, W 100 FT OF E 442.4 FT OF SLY
124.19 FT OF NW
1/4 OF SE 1/4 LYG N OF ADJ TO SR 806 PB 6
P51
PCN: 12 43 46 18 00 000 5150
CASE NO. AV06-55369 CUST NO. 12214
BD FOOD MART
aka STOP-N-GO INC.
c/o ABUNASIR ARMED, REG AGT
2121 W ATLANTIC AVE
DELRAY BEACH, FLORIDA 33445
45.00
nv. No. 30659
$ 25.00 Admin Fee
$ 70.00
VIOLATION IS: SECTION 90
03 -S TORING
PARKING OR LEAVING
.
,
WRECKED OR INOPERABLE MOTOR HAZARDS
DECLARED NUISANCE
;
RES. NO.7-07.xls