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BYLAW - Agreement for CIAP - 19850121 - 273385···--~ BYLAW 2733-85 A BYLAW TO AUTHORIZE THE TOWN OF AURORA TO ENTER INTO AN AGREEMENT WITH THE MINISTER OF MUNICIPAL AFFAIRS AND HOUSING FOR A COMMERCIAL AREA IMPROVEMENT PROGRAM Whereas by Council's adoption of Bylaw 2713-84 decla~ing the project CAIP Area No. 1 on October 15th, 1984. And Whereas by the adoption of Bylaw 2712-84 designating CAIP Area No.1. And Whereas the approval of O.P. Amendment #28 has now been received dated October 9th, 1984. And whereas the Ministry of Municipal Affairs and Housing approved of CAIP Area No. 1 proposal by letter dated December 24th, 1984. And Whereas by letter from the Ministry of Municipal Affairs and Housing dated January 8th, 1985 submitting an agreement to be entered into and the applicable loan provisions. Now Therefore the Council of the Corporation of the Town of Aurora enacts as follows: 1. That the Clerk-Administrator is hereby authorized and instructed ·to seek OMB approval in accordance with the agreement provisions. 2. That the total revised estimated cost of the project be now approved in the amount of $290,000.00. 3. That the expected grant from the Province in the amount of $21,500.00 be approved and accepted and the temporary financing of $145,000.00 from the Province be approved and further, that the repayment of $268,500.00 be met 'from the general rates of the municipality for a period not to exceed 10 years. 4. That, upon approval of the Ontario Municipal Board of this capital expenditure project and agreement attached hereto as "Appendix A", the Mayor and Clerk are hereby authorized to sign the said agreement and to take all necessary steps to carry out the project, the agreement procedures subject to Council authorizing by Resolution any expenditures of funds for such project. READ A FIRST AND SECOND TIME THIS c7/~ READ A THIRD TIME AND FINALLY PASSED THIS 1985. DAY OF January, 1985. DAY o~. Clerk :,._._. ____ _ ·. .;, . _...._:~-~~~::..a•<.~""'-""""...,="'"hW;<~&,;m~M"-""=~""""""~· ~ .. ~--~~,;,.·---·---•_;••-______: ___ ,: -'------------------------ Form E-15 •' ' ' Ontario Municipal Board l The Clerk Tow:o of Aurora Administrative Centre 50 Wellington Street, AURORA, Ontario. West, E 850145 LL4G 3L8 Dear Sir: Enclosed is documentation as follows: D . BW:ca Board's order dated February 21, Invoice(s) for Board's order Board's order dated Validation of By-law Municipality: School Board: Yours truly, ~s.J0. 85. f M.S. Manji Head of Capital Expenditures Enclosure NB If you are going to apply for the validation of a debenture by-law for the issuance of debentures for this undertaking, it is suggested that a draft by-law be submitted to t~e Board by you for consideration prior to its enactment. 180 Dundas St. West Toronto, Ontario M5G 1E5 . . '" -· -and- G. f oo1'. DOBBS Membexo Ontario Municipal Board -and- XN ~ MATTER or an application by 'l'he Co~rpG:r:ation of the ll1oWn of Au:r:o:r:a for an order app:r:ovin9t (a) the unde~akin9 of a project under tb• Oollllll~u:olal Area Imp:r:ovement JP:r:otl'P Area No. 1 as descdbed in Saheclule "A" hereto, annexed and signed by the secu:etary at E 850145 an ~ttmated cost of $29o,ooo.oo and the l:'lol':r:QWin9' of money by way of tempo~ary adv~es not exce.«S.nq in the a.qgre,ate $290 1 000.00 pend.int the sale of debentu:r:(!ts, and tha receipt. of moniea \ll\dec clause (c), payable out of the teneral. rate 1 aad (b) the tssunce of t:he necessary debentures as set out. below by The laqiQna1 MUnicipality of York ohUteable to the app1J.cant. corporatiOn, an4 Co) the ente:r:ing by the awUcant. c;~orpor•:tion into an agreement with Her Majesty the Queen in dght of Ontario as :r:epresenUd by the Minister of Mun1c.f.pal Affairs ~ Bouein9' in aoconance with the 4raft ap....ntt U1.« with t;be DOa:r:4 on the 18th clay of J'eb~:r:y, 1985, ancl identtifl.ed by the $eo:r:et:tary • a siqn&ture fo:r: tbe pnvisiol'l of a loan of $1!3,500.00 for the Co»mmeJ:cia1 Area Imp-J:ovement PropP :r:epayal>le over a tem of ten yea:r:s J I .. l J 1 lhusday, the 21•t clay of Feb:r:u~u::y, 1985 . ' \, - 2 - E 850145 THE BOARD ORDERS that this application be granted and that the applicant may proceed with the undertaking of the commercial Area Improvement Program Area No. 1 at an estimated aoat of $290,000.00 1 and may pass all requisite by-laws including a by-law authorizing the borrowing of $123,500.00 on loan over a term not exceeding ten years from Her Majesty the Queen in right of ontario as represented by the Minister of Municipal Affairs and Housincp for the Province of ontario and The Regional Municipality of York may issue debentures therefor for the sum not exceeding $138,000.00 and not to exceed the net cost of such undertaking to the applicant for a term to exceed ten years, provided that the COrporation and the Council of the Regional Municipality of York in exereising any power approved b.Y this order shall comply and conform with all statutory and other legal requirements related thereto. SECRETARY < < .. ,· "·---<--~-----~~---· ··--~----~--··-----------·· -·--______ ,_' --· ·-*-~~---··--·--··---·-___ .. ___ --~ 0> 5 :;; 0 Ontario '· TO RE' THE ONTARIO t"'''> . MUNICIPAU __ )RD 180 Dundas St. West, Toronto, Ontario M5G 1E5 THE CORPORATION OF THE TOWN OF AURORA ADMINISTRATIVE CENTRE 50 WELLINGTON STREET WEST AURORA, ONTARIO L4G 3L8 COMMERCIAL AREA IMPROVEMENT PROGRAM AREA N!ll 1 FILE NO. E 850145 DATE FEB 26, 1985 AMOUNT $138 0 00 X APPLICATION FEE UNDER SECTION 64 OF THE BOAPn'S ACT OTHER INVOICE PAYABLE UPON RECEIPT MAKE CHEQUES PAYABLE TO THE TREASURER OF ONTARIO NOTE: PLEASE QUOTE BOARD'S INVOICE NUMBER. ~6- ~r .-;:::.- .. , l ' [ti ..... ,. Ontario Ontario Municipal Board SOHEDULlil "A" :s 8$0145 t.o tbe ordli!t of the Ontario Municipal DOaJrcl lll&4e on ~ 21st. clay of li'eb!ffi!U• 1985 ~ SECD!l'ABY COIIIII\fiJ:Oial Aha lg>r!V!!!l!nt P1"o!i!am .i\t'ea NO. 1 1. west s~ farkin9 LOt Asphalt ~»:a!U.,e sanitary tewen 1\etalnin<g .Landacapin1J 1 etc. Li9htln9 L!9htln9 BJ:~ ravinv Light$ Brick ravinv a~:ound li;bt.a 'fteee· t.19ht:s - east wet. Ontario _____ _:_,_:L.,_: __ ~~ December 24, 1984 Mr. K.B. Rodger Clerk Town of Aurora 50 Wellington Street Aurora, Ontario L4G 3L8 Dear Mr. Rodger: Re: Town of Aurora West Community Renewal Branch Commercial Area Improvement Program Community Improvement Plan Approval (CAIP) Thank you for your correspondence and Community Improvement Plan for the Area No. 1 Community Improvement Project Area. The Plan has now been reviewed in detail by my staff. On the basis of the delegation of authority to me under the Ministry of Municipal Affairs and Housing Act, I hereby approve By-Law No. 2713-84 which adopts a Community Improvement Plan for the Area No.1 Community Improvement Project Area, pursuant to Section 28 Subsection 4 of the Planning Act, S.O. 1983. Anne Beaumont, M.C.I.P. Executive Director 13-777 Bay Street Toronto, Ontario M5G 2E5 • ' ··· . ., Town of Aurora Community Improvement Project Area Implementation Agreement -CAIP THIS AGREEMENT made in duplicate this day of A. D. 19 BETWEEN: THE MINISTER .OF MUNICIPAL AFFAIRS AND HOUSING for the Province of Ontario Hereinafter called the "Minister" OF THE FIRST PART -and - THE CORPORATION OF THE TOWN OF AURORA Hereinafter called the "Municipality" OF THE SECOND PART WHEREAS the Municipality is entitled to apply for a SO% contribution under the Ontario Commercial Area Improvement Program, hereinafter called the "Program", of the Ministry of Municipal Affairs and Housing; AND WHEREAS the Municipality has satisfied certain prerequisites for such contribution as follows: a) b) c) Pursuant to Section 28(2) of the Planning Act, S.O. 1983, Ch. 1, the municipality, by By-Law No.2712-84 has designated as a Community Improvement Project Area that area shown outlined in red on the plan attached as Schedule "A" hereto, hereinafter called the "Area"; Pursuant to Section 28(4) of the Planning Act, S.O. 1983, Ch. 1, the Municipality, with the approval of the Minister or the Ontario Municipal Board, has adopted a Community Improvement Plan for the Area, hereinafter called the "Community Improvement Plan"; The Municipality has.made written application to the MinistP.r for financial assistance, by way of such j: \ - 2 - contribution, to assist in the improvement of the Area in accordance with the Co~~unity lmprovem8nt Plan, including the costs already incurred for the preparation of the Community Improvement Plan after the date of approval of the allocation of funds by the Minister to the Municipality under the Program. AND WHEREAS pursuant to Section 30 of the Planning Act, S.o. 1983, Ch. 1, the Minister, subject to the terms of this Agreement and subject to the approval of the Lieutenant Governor in Council, has agreed to contribute a sum of up to 50% of the eligible costs as hereinafter defined. NOW THEREFORE THIS AGREEHEN'l' WITNESSES THAT, in consideration of the mutual convenants hereinafter contain~d, the Parties hereto covenant and agree each with the other as follows: 1. DEFINITIONS \ In this Agreement: a) "Estimated costs" means the detailed estimates of eligible costs for the work and services itemized in Schedule "B" hereto; provided that changes may be made to the said detailed estimates only with the prior written consent of the Ministry; b) "Eligible Costs" means the actual costs paid or payable by the Municipality for the work and services itemized in Schedule "B" not exceeding in any detail or in total, without the prior written consent of the Ministry, the Estimated Costs; c) "Inspections" means inspections made on behalf of the Ministry to establish that work for which payment is claimed by the Municipality is actually in place; ··--,~ d) - 3 - "Ministry" means the Ministry of Municipal Affairs and Housing for the Province of Ontario, its successors and assigns; e) "Project" means the work and services or that portion thereof itemized in Schedule "B" to which the Eligible Costs are attributable; f) "Accounts" means such invoices, billings, state- ments, accounts and related documentation required by the Ministry to satisfy it as to the amounts(s) of Eligible Costs incurred by the Municipality. 2. IMPLEMENTATION The Municipality shall not be paid any funds under this Agreement until the Municipality has obtained all approvals required for the Implementation of the Community Improvement Plan. 3. COMPLETION DATES The Municipality shall: a) Complete the portion of the implementation of the Project to which the first 33% of the Eligible Costs are attributable and shall deliver to the Ministry all Accounts in relation thereto not later than the 31st day of March 1986, being the First Completion Date; b) Complete that portion of the implementation of the Project to which the second 33% of the Eligible Costs are attributable and shall deliver to the Ministry all Accounts in relation thereto not later than the 31st day of March 1987, being the Second Completion Date; - 4 - • c) Complete the b3l3ncc of the Project and deliver to the Miillslry :1ll Accounts in telation thereto not Into'!" than the 31st day of ~larch, 1988, being the Final CompLetion Date. 4 0 ESTHlATE Or CASH FLOW An est!n:Jlc of cash UO\~ under this Agreement is attached as Schedule "C" hereto. Notldthstanding Schedule "C", which is an estimate only, the amounts and timing of payments of funds by the Ministry are subjl'cr to rhe terms ""d conditions contained in this AgrCL'HIC'llt. 5. MlNJS"I"KY CONTRIBUTION a) The ~1inistry's contribution will be by payments to the ~!unicipality of funds totalling SOl; of the Eligible Costs ~H.:cepted by the Ninl~;lry, up to a maximum total amount of $ 145,000.00 which amount is a11 upset limit and shall not be increased in any event; bJ The Ministry's contribution will be in the form of a loan or in the form of a loan and grant; provided that the grant portion, if any, of tl1e contribution will not exceed in any event one-third of the amount set out in subparagraph al; c) ~ased on the Estimated Costs itemized in Schedule "B", the loon portion of the contribution will be $ 123,500 and the grant portion of the contribution will be $ 21.500 provided that the loan and grant portions may be adjusted by the Ministry, in Its sole discretion, if the Project details itemized in Schedule "B" change during the implementation of the Project so as to warrant an adjustment to the loan or grant portions of the contribution; dl The Ministry, in its sole discretion, may reduce the amount of the contribution in the event that the Nunicipality fails to complete the implementation of the Project or to deliver Accounts to the Ministry, -:; - by the percentages and within the times set out in subparagraphs 3a) or 3b) or 3c); provided the amount of any such 1·eduction 1~ill be equal to or less than 50% of the Eligible Costs which the Municipality has foiled to complete or deliver Accounts for and may be deducted from the loan portion or the grant portion or both portions as the Ninistry, in its sole discretion, determines. c) The Ministry shall not, except in its sole discretion, be obliged to make any contribution in an amount exceeding 33% of the Eligible Ct>sts for which Accounts have been delivered before the First Completion Date nor in an amount exceeding 66% of the Eligible Costs for which Accounts have been delivered before the Second Completion Date. 6. ACCOUNTS AND PAYNENTS a) The Municipality shall submit accounts to the Ministry not less frequently than quarter-yearly with the first submission to be made not later than three (3) months after the date of this Agreement first above written. b) Subject to satisfactory Inspections and rcvic~o.• of Accounts by the Ninistry, the Ministry shall make payments of funds in accordance with and subject to the following provisions: Iii All payments from the Ninistry to the Municipality shall be made within 30 days of receipt from the Municipality of acceptable Accounts; (ii) Upon completion of the Project, a final ~~ accounting shall be taken of the Eligible Costs and any necessary adjustments shall be paid in accordance with the provisions of this Agreement; (iii ) In the event of any overpayment by the Ministry, discovered either during tl1e term of this Agreement or pursuant to the final accounting, tl1e Municipality shall reimburse the Ministry in the amount(s) of 7. 8. c) -6 - such overpayment upon demand in writing by the Ministry. Subject to the Construction Lien Act, 1983, upon receipt from the Ministry of any payment under this Agreement, the Municipality shall immediately make payment of the full amount(s) of the Accounts in relation to which the Ministry's payment has been paid. GENERAL CONDITION Notwithstanding any other provision of this Agreement, the Ministry's contribution and agreement to make payments of funds is conditional upon: (i) There being an appropriation by the Provincial Legislature for the Program for the fiscal year in which the payments would be required under this Agreement; (iiL The Ministry's right to limit payments of funds in any given fiscal year as may be necessary due to the unforeseen Provincial Government financial constraints; (iii) The terms and conditions contained in this Agreement. REPAYMENT OF THE LOAN The Municipality shall repay the loan portion of the contribution made by the Ministry (hEreinafter called the "loan"), together with interest thereon at the rate of 6.5 % per annum, calculated annually not in advance by annual instalments of principal and interest, until the loan and the interest thereon is fully paid,as follc a) The first instalment shall be due and owing on the 31st day of December following the date the Project is completed. For the purposes of this paragraph, the date of completion of the Project is deemed to I I i ;·. 9. - 7 - be the 31st day of March' ' 1988 and the first instalment shall be due and owing on the 31st day of December, 1988 Provided that the Ministry, in its sole discretion, if the circumstances of completion warrant, may adjust the date of completion and the time for the payment of the first instalment; b) Subsequent instalments shall be due and owing on the anniversary date of the first instalment due date and on the anniversary date in each and every year thereafter until the loan and interest accrued thereon is paid in full; c) the principal amount of each instalment shall. be no less than 10% of the loan; d) The interest amount of each instalment shall be equal to 6.5% of the balance of the loan outstanding on the date the instalment is due; provided that the interest amount for the first instalment shall be pro- rated on the basis of the percentage of a year covered by the period between the completion date and first instalment due date established according to sub- paragraph a). PROJECT REVIEW COMMITTEE The Municipality and the Ministry shall establish a Committee to be known as the "Project Review Committee" within two months of the date of the approval of the Community Improvement Plan by the Ministry or the Ontario Municipal Board. The Project Review Committee shall consist of two members appointed - - 8 - from time to time, of which one member shall be a municipal staff member appointed by the Municipality and one member shall be a person appointed by the Ministry. The Project Review Committee shall function under the following provisions: a) The member appointed by the Municipality shall act as chairman of the Project Review Committee; b) Each member may from time to time invite each other person or persons to attend meetings and to give advice to the Committee as may be deemed necessary; c) The Project Review Committee shall from time to d) e) time: (i) review the proyress of the implementation of the Community Improvement Plan; (i~) review the proposed revisions to the Co~nunity Improvement Plan to ensure the eligibility of the new projects under the Program; (iii) review the annual progress reports; The Chairman shall be responsible for keeping minutes of the meetings; The Project Review Committee shall decide the form and content, circulation, number of copies and other details of the minutes and the procedure of the Project Review Committee; f) The first meeting of the Project Review Committee shall take place no later than one month following its establishment. •rhereafter the Project Review .. - 9 - committee shall meet no less frequently than once every six months, but shall have the right to hold additional meetings as deemed necessary; g) The Project Review Committee shall cease to exist upon the Final Completion Date or upon the completion of the Project, whichever occurs first. 10. PROCEDURES The Municipality shall comply with the procedures for the Program, as established by the Ministry from time to time, and which are incorporated by reference in this Agreement, and shall submit accounts and annual progress reports in the forms established by the Ministry. 11. RECORDS The Municipality shall retain and preserve all documents, vouchers, records and accounts that relate to the work \ and services done under the Project for a period of seven (7) years from the Final Completion Date. 12. ACCESS TO RECORDS The Municipality shall permit access to such of its records and accounts as are relevant to anything done under or relating to this Agreement by duly authorized representatives of the Ministry. 13. PUBLIC TENDER The Municipality shall let any contract relating to the implementation of the Project by public tender unless the Minister in writing waives this requirement. -10 - 14. PUBLISHING The Minister and ~he l!inistry, without any obligation to make any payment to the Hunicipality or any third party, may print, publish or otherwise reproduce in whole or in part any report, plan, document or other material prepared for the Project and may distribute any of the same to any person, persons, corporations, firms or associations or otherwise usc same in any manner which they may determine in their absolute discretion and the Municipality shall so provide in all its contracts with third parties relating to the Project. 15. INDENNIFICATION The Municipality at all times shall indemnify and save harmless the Minister and the 11inistry from any claim or suit to which they or either of them may be subjected and which may arise as a result of the Project being \ undertaken or the publication of material pursuant to Paragraph 14 or for any other reason relating to this Agreement. 16. PROJECT SIGN The Municipality agrees to install a Project sign in a conspicuous and visually unobstructed location within the Project area. The installation of the Project sign shall be carried out at such time and in the form, and according to the specifications, as prescribed by the Ministry. The Municipality shall maintain the Project sign in good condition until the Project is fully implemented, at which time it may be removed. The cost of the Project si<;(n shall be an Eligible Cost so as to qualify for Ministry contribution. ' t -. -11 - 17. SCHEDULES Schedules "A", "B" and "C" hereto and all provisions contained therein shall be, and they are hereby, made part of this Agreement. 18. NO INDUCEMENT OR COLLATERAL AGREEnENTS This Agreement including the recitals, schedules and any other documents incorporated by reference herein comprise the whole of the Agreement between the Parties and there are no collateral terms or conditions thereof which are not so contained or incorporated. No representations or inducements have been made or given to the folunicipality which could give cause for non- performance or rescission of this Agreement or any portion thereof by the Municipality 19. AMENDMENTS Any amendment to this Agreement shall not be binding unless it is acknowledged in writing by both the Municipality and the Ninister or Ministry, whichever is appropriate. 20. NOTICES Any notices which may be given under the provisions of this Agreement shall be sufficiently given if mailed by registered mail postage prepaid and in the case of the Ministry or the Ninister addressed to the Director, Community Renewal Branch, Hinistry of Municipal Affairs and Housing, 13th Floor, 777 Bay Street, Toronto, Ontario MSG 2ES, and in the case of the Municipality addressed to it to the Corporation of the Town of Aurora Attention: The Clerk, or at such other address as the Parties may from time to time advise by notice in writing. Any notice so mailed shall be deemed conclusively to have been given on the third weekday following the day of mailing. I I :· 21. -12 - INTERPRETATION Wherever the singular and masculine are used in this Agreemen~ the same shall be construed as meaning the plural, feminine or neuter where the context so requires. 22. HEADINGS Paragraph headings are for ease of reference only and do not form part of this Agreement. 23. PARTIES This AgreemP.nt shall be binding upon and enure to the benefit of the Parties hereto, their successors and assigns. IN WITNESS THEREOF this Agreement has been executed by t.he Parties hereto. THE MINISTER OF ~UNICIPAL AFFAIRS AND HOUSING For the Province of Ontario THE CORPORATION OF THE TOWN OF AURORA ·-i ~ ,-\ ' I Schedule "A" COMMUNITY IMPROVEMENT PROJECT AREA BOUNDARY l EXISTING LAND USE -KEY -Institutional l!ll1ll!l! Comrroer c i al D Residential 53 lndustrioi I .. ··'·I Pork ino ELl!l Op1:n spuce Schedule "B" Improvement PI an Sumnary Tot a I Prov. Loan Grant Munic. I. West Side Parking Lot Asphalt 36,600 18,300 18,300 Drainage 2 I, 500 10,750 10,750 Sanitary Sewers 5,000 2,500 2,500 Retaining Land- scaping, etc. '····· 12,000 6,000 6,000 Lighting 12 1 000 6,000 6,000 87,100 ~1,050 2,500 ~3,550 2. Walkways to Parking Lot. Lighting 5,000 2,500 2,500 Brick Paving 5,500 2,750 2,750 10,500 5,250 5,250 3. Yonge Street I Irwin to Wellington ' I ' Trees I, 300 650 650 Lights 24,325 12,162.50 12,162.50 25,625 12,812.50 12,812.50 4. Yonge Street We 11 i ng ton to Church Lights 36,000 18,000 18,000 Brick Paving around lights 10,000 5,000 5,000 46,000 23,000 23,000 5. Yonge Street Church to Reuben Trees 2,650 1,325 1,325 Lights 18,500 9,250 9,250 21,150 10,575 10,57.5 """ 6. Wellington, East and West Trees 3,200 1,600 I, 600 '"-" Lights-1.5,060 east 7,.530 7 , .530 west 20,850 10,425. 10,425 39,110 19,.555 19,.555 7 • Engineering & 11,257.5 11,257.5 Contingency 22,515 Admini st rat ion 38,000 19,000 19,000 8. 290,000 123,500 21,500 145 ,ooo -. -: ~ c: ~: -;-;:;;_· . -C'' .. ""·~·.--.--"~ ' . ( ~ '· li t o r t E c CAtr 5'1i0JF.Cl 1tiPLl:·:~.~ru !0:-;1 Ti.tlEl.-\ULl: ~ f.~TUiATt Of Ch~.H FLC·• ( ~lhJO) .SCAt. I . "AR QIIAIITER .1JECT West Side • Parking Lot Walkways to Parking l.ot Yonge Street Irwin to WcJlingit•n Young Str'Cet W~llington.cto Chul.'Ch Young Street,Churf:h to Reuben Wellington l.:ast and West Eng. & Cont. !1lstr01tlon I 1 QR4 2 I l • I I I 63, lOQ 1 !"24, oop 1o,5op 25,6<15 5,515 5,00 ' I I I Is ,oon l s,ooJ 1 OR~ JO~~ J0~7 2 I 3 • 2 I 3 • ' I l l-I 23,0~0 23,CIOO 1o,d5 10,~75 19,55~ 19,:~55 I I 3,009 3,00( --l ! I I 3 ,oooJ 3 ,a or I I 12.500 12. sao I 5,759 5,751 5,75 • 22,515 5,75~ 38,000 rt)T AL I I 1·m.1sl 17~1251 I I 13907 51390751 I 2830~ 2830! 5750 5750 1290 ,QOO ,., rtO!J ) ,\pril 1 • Jun@' ~0; (2) July 1-S('pt. 10; ('J) Octftbt>r 1 ... Of"t'C'"k'lrr )li (4) .January 1 • Hilrth )1. ( ~OT.\L ROI:R O~l