O-13-48VILLAGE OF DEERFIELD
LAKE AND COOK COUNTIES, ILLINOIS
ORDINANCE NO. 0 -13 -48
AN ORDINANCE REGULATING COMMERCIAL FILM
PRODUCTION IN THE VILLAGE OF DEERFIELD
Published in pamphlet form
by authority of the President
and Board of Trustees of the
Village of Deerfield, Lake and
Cook Counties Illinois, this
21st day of October 2013.
PASSED AND APPROVED BY THE
PRESIDENT AND BOARD OF TRUSTEES
OF THE VILLAGE OF DEERFIELD, LAKE
AND COOK COUNTIES, ILLINOIS, this
21st day of October , 2013.
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(a) Statement of Policy. It is the policy of the Village to allow interior
or exterior locations on public or private property in the Village to be used
in large scale commercial film production activities only if:
(1) the personal and property rights of affected residents and
businesses can be adequately protected;
(2) unreasonable and unnecessary disruptions to the community can be
avoided;
(3) the rights of the public to the safe and normal use of the public
streets, rights -of -way and property can be protected;
(4) the rights of the public to the orderly functioning of government
and to the provision of public services can be protected;
(5) the public health, safety and welfare can be adequately protected;
and
(6) the Village can be adequately compensated both for the direct use
of Village resources and for the effects on Village resources and
Village operations arising from film production activities.
(b) Purpose. This Article has been enacted in furtherance of the
following purposes:
(1) to establish standards and procedures for evaluating requests for
film production permits;
(2) to assure that requests for film production permits are evaluated on
a case -by -case basis so as to recognize that each permit application
presents a unique set of circumstances;
(3) to assure that the Village will be adequately compensated for the
processing of film production permit applications.
Sec. 14 -37. Definitions. For the purposes of this Article, the following words
and phrases shall have the meanings given in this section, unless the context
clearly requires a different meaning:
(a) "Film production" means the process of recording live action on
film, digital recording, magnetic tape or any other medium, for later
commercial sale or distribution as a movie, television show, music video,
advertising commercial, training film or educational program.
(b) "Large scale film production activities" means any and all
activities related to film production, including but not limited to set -up,
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site restoration, using film production equipment, and gatherings of
persons involved in the film production, when such activities are
supported in any manner by: i) any vehicles used primarily to transport
film production equipment; ii) any vehicles in excess of 7,500 lbs. gross
vehicle weight; or (iii) any film crew consisting of 6 or more persons; or
any (iv) production taking place on more than a single residential zoning
lot.
(c) "Film production activity charges" means the charges established
by the Village to compensate the Village both for the direct use of Village
resources and for the effects on Village resources and Village operations
arising from film production activities pursuant to a film production
permit.
(d) "Film production equipment" means any object used in film
production, including but not limited to lighting equipment, sound
equipment, cameras, dressing rooms, trailers, props, furnishings and
vehicles.
(e) "Film production permit" means a permit issued in accordance
with the procedures and provisions of this Article.
(f) "Village resources" means and includes any and all of the
following: (i) elected and appointed Village officials; (ii) Village
employees and personnel; (iii) operating and administrative departments
of the Village; (iv) vehicles, equipment, personal property and real estate
owned, leased or operated by or on behalf of the Village; (v) streets,
sidewalks, parkways, parking lots and public rights -of -way located within
the Village; and (vi) services provided by, on behalf of or under the
auspices of the Village, regardless of the nature of the services, and
regardless of whether or not such services are provided or made available
to the citizens and businesses located in the Village.
Sec. 14 -3$. Permit Required. Except as provided in Section 14 -39 of this
Article, no person shall engage in, participate in or start any large scale film
production activities anywhere in the Village without having first obtained a film
production permit from the Village in accordance with the procedures established
in this Article.
Sec. 14 -39. Exceptions to Permit Requirement. No film production permit shall
be required for film production activities that are for personal use, for news or for
news features. In addition, no film production permit shall be required for film
production activities of students provided such activities are in conjunction with
coursework, either at an accredited educational institution or at an adult education
program that is conducted under the auspices of a school district, park district or
community organization that either is located in West Deerfield Township or is
supported by taxes paid in whole or in part by residents of the Village.
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Sec. 14 -40. Permit Application.
(a) Form of Application. Any person requesting a film production
permit shall file an application on a standard form to be provided by the
Village Clerk.
(b) Filing Application; Minimum Processing Period. The completed
permit application shall be filed with the Village Clerk no less than five
(5) days nor more than 180 days before the proposed commencement of
film production activities.
(c) Contents of Application. The application shall contain all
information and statements, and shall be accompanied by all
documentation required by this section, plus such other information as
may be required by this Article for the type of film production activities
proposed, and such other information as the Village Manager or his
designee may reasonably deem necessary to complete the review of the
application.
(d) Signature under Oath. The application shall be signed under oath
by an authorized representative of the applicant.
(e) Required Information. The applicant shall provide at least the
following information;
(1) The name, permanent address, local address and local telephone
number of the applicant. If the applicant is an entity, the nature of the
entity shall be described and proof of its current, lawful existence
provided.
(2) The name, permanent address, local business address, permanent
phone number and local phone number of the individual or individuals
responsible for the day -to -day operations of the film production.
(3) A statement that the person signing the application is authorized to
do so.
(4) A description of the type of film production (e.g. commercial,
feature film, film scene, training film, etc.) and type of film production
equipment to be used. The applicant does not need to describe the
anticipated content of the film.
(5) A written summary or explanation of the portion of the production
to be shot within the Village.
(6) The proposed dates and times of the film production.
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(7) A description of all locations in the Village, whether public or
private, that the applicant proposes to use for the film production
activities and /or for storage of film production equipment.
(8) A letter or statement of approval, in the form provided in
subsection (f) below, signed by the owner or owners and occupants of
each location described pursuant to the preceding paragraph.
(9) A description of any special effects to be utilized, especially
incendiary or explosive devices, plus proof of no less than two million
dollars ($2,000,000.00) liability insurance therefor, along with the
name and qualifications of the person in charge of such special effects,
and proof of licensing by the applicable federal and state agencies.
The certificate of insurance shall name the Village as an additional
insured. The insurance required by this paragraph shall be in addition
to the general liability insurance coverage required by subsection (f},
below.
(10) A description of the number of personnel and the number and
types of vehicles and equipment to be on location for the film
production activities, including a description of the number of
personnel and equipment the applicant proposes to have on the film
production location to provide emergency medical treatment for
persons involved in the film production.
(11) A description of where vehicles and equipment will be parked
during film production activities.
(12) A description of the method and procedures to be used for food
service and health and sanitation on the film production location.
(13) A description of the method and procedures for the removal of
garbage and other waste from the film production location.
(14) A description of all Village resources the applicant requests to
use.
(15) An agreement to pay the Village for all Village film production
activity charges.
(16) An agreement to pay in full, promptly upon receipt of an invoice,
the cost of repair for any and all damage to public property of any
kind, resulting from or in connection with, the film production, and to
restore such property to the condition it was in immediately prior to
the film production.
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(f) Required Attachments. In addition to the information required by
subsection (e) of this section, the following documents shall be attached to
the application:
(1) Notification of Neighbors. The permit application shall be
accompanied by proof that the applicant has initiated notification to all
owners of record and occupants of all property situated within four
hundred (400) linear feet, in each direction and on both sides of the
street or streets of the location upon which filming is expected to
occur, not less than five (5) days prior to the first day of the proposed
film production schedule. The notice may be delivered personally,
sent by U.S. mail, and /or given by posting signs at the location upon
which the filming is expected to occur. The notice shall be in a form
approved by the Village Manager and shall contain a written
description of the proposed film production, including the proposed
production schedule and the type of film production activities and film
production equipment the applicant proposes to use. The notice shall
state that the owner of record and the property's occupants may submit
any written comments and objections to the Village Manger within
three (3) days from receipt of the notice. The notice shall also clearly
state that the film production at any proposed location will be
permitted only with the approval of the Village Board if the proposed
film production will last more than four (4) days.
(2) Property Owner Letter of Approval. The letter or statement
required by subsection (e)8 of this section shall state the approval and
consent of the owner or owners and, where applicable, of the lessee or
lessees of the property, to the property's use as a location for film
production. The signatures on the letter shall be notarized. The letter
of approval shall also contain the following statement:
"I hereby certify that I am the owner of record [or, where
applicable, the occupant] of the property located at [street address],
which will be used for film production. I hereby waive any claim
against the Village of Deerfield arising out of or in connection with
the issuance of the film production permit and will indemnify and
hold harmless the Village of Deerfield for and from any loss,
damage, expense, claims and costs of every nature and kind that i
may incur as a result of or in connection with the film production
activities pursuant to said permit."
(3) Certificate of Insurance. The permit application shall be
accompanied by a certificate of insurance, issued by a company
acceptable to the Village Manager and authorized to do business in the
State of Illinois. The certificate of insurance shall be in an amount of
not less than one million dollars ($1,000,000.00) for general liability
coverage, including bodily injury, property damage and automobile
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liability. The certificate of insurance shall name the Village as an
additional insured, using language acceptable to the Village Manager,
and shall contain a provision prohibiting the cancellation or
termination of the policy without providing at least 30 days written
notice to the Village.
(4) Worker's Compensation and Employer's Liability Insurance. The
permit application shall be accompanied by proof acceptable to the
Village Manager that the applicant has provided worker's
compensation insurance, employer's liability insurance and all other
insurance required by law to be provided for the employees of the
applicant.
(5) Indemnification and Hold Harmless Agreement. The permit
application shall be accompanied by an indemnification agreement
whereby the applicant agrees to defend and hold the Village, its
officers, employees and agents, harmless from any loss, damage,
expense, claim and cost of every nature and kind whatsoever,
including attorney's fees, arising out of or in connection with the film
production authorized under the permit, including without limitation
the applicant's use of the public resources specified in the film
production permit.
Sec. 14 -41. Processing Permit Applications.
(a) Authority of Village Manager. The Village Manager or his
designee shall review each film production permit application to
determine whether the application is complete, to determine whether the
application meets the standards established by this Article, and to establish
the applicable film production activities charges.
(b) Review of Application. In reviewing the application, the Village
Manager or his designee shall review all documents submitted with the
application and all additional documentation required by the Village
Manager pursuant to Section 1440 of this Article.
(c) Standards for Reviewing Applications. In reviewing each
application for a film production permit, the Village Manager or his
designee shall consider the totality of the circumstances of the proposed
film production, as described in all of the application materials, as well as
all impacts, whether direct or indirect, that the proposed film production
activities may have on Village resources and Village operations. The
review of the application shall include, but not be limited to, a
consideration of the following factors:
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(1) the nature of the Village resources the Village Manager or his
designee has determined should be assigned to the film production
activities;
(2) the nature of additional Village resources the Village Manager or
his designee has determined should be assigned to the film production
activities;
(3) the extent to which the personal and property rights of residents
and businesses are affected and whether such rights can be adequately
protected;
(4) the nature and extent of any disruptions to the day -to -day activities
of the Village's residents and businesses, and whether such disruptions
can be adequately minimized;
(5) the nature and extent of the impact of the proposed film production
activities on the right of the public to the safe and normal use of the
Village's streets, rights -of -way and public property, and whether such
use can be adequately protected;
(6) the nature and extent of the impact of the proposed film production
activities on the right of the public to the orderly functioning of local
government and to the provision of public services, and whether such
governmental functions and public services can be adequately
provided;
(7) whether the public health, safety and welfare can be adequately
protected during the film production activities;
(8) whether the Village can be adequately compensated both for the
direct use of Village resources in the course of the proposed film
production activities and for all other effects or impacts on Village
resources and Village operations that may arise from the proposed film
production activities;
(9) consideration of any objections received; and
(10) the experience of the Village and /or neighboring municipalities in
prior dealings with the applicant.
(d) Setting Application Processing Fees and Film Production Activity
Charges. The permit application review process shall include setting the
film production activity charges, as provided in this Article.
Sec. 14 -42, Application Fees.
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(a) Basic Application Fee. All applications for film production
permits shall be accompanied by a basic application processing fee, which
shall be paid to the Village in such amount as may be fixed from time to
time by the annual fee resolution adopted by the corporate authorities. The
basic application processing is hereby established at up to four (4) hours of
staff review time. No application for a film production permit will be
processed until the basic application processing fee has been paid.
(b) Additional Processing Fees. The Village reserves the right to be
paid additional processing fees if the amount of time expended by the
Village Manager and Village staff in processing a film production
application exceeds the processing time on which the basic processing fee
is based. The hourly rates for additional processing fees shall be set from
time to time by the annual fee resolution adopted by the corporate
authorities.
(c) Fees Not Refundable. The basic application fee and any additional
processing fees shall not be refundable.
Sec. 14 -43. Film Production Activity Charges.
(a) Setting Film Production Activity Charges. Charges for film
production activities shall be calculated by the Village Manager separately
for each application prior to the issuance of any permit, provided that the
Village Board, in the exercise of its discretion, shall have the right to
establish the film production activity charges for any permit that is subject
to issuance by the Village Manager, and the amount of the film production
activity charges set by the Village Manager in such cases shall be
considered a recommendation to the Village Board.
(b) Applicability of Film Production Activity Charges. To assure that
Village resources are not used for private commercial gain unless the
Village is adequately compensated for all effects of such use, film
production activity charges shall be assessed whenever any film
production activity has any of the following characteristics:
(1) any film production activity that takes place at any outdoor
location in the Village, whether on public or private property, even if
the actual filming occurs only indoors;
(2) any film production activity that uses, involves or affects the use
of, any Village resource;
(3) any film production activity that is likely to use, or that is likely to
involve or affect the use of, any Village resource; and
In
(4) any film production activity that affects, or that is likely to affect,
the day -to -day operations of the Village.
(c) Estimated Film Production Activity Charges. The Village shall
set estimated film production activity charges in an amount determined to
be sufficient to compensate the Village both for the direct use of Village
resources and for the effects on Village resources and Village operations
arising from the permitted film production activities. In setting the
estimated film production activity charge, the Village shall use a market -
based approach to determine the financial impact of the proposed film
production activities in light of the factors considered in processing the
permit application. The film production activity charge shall provide the
basis for the permit deposit required by this Article and shall be subject to
modification at any time up to and including the completion of the film
production activities.
(d) Cancellation of Film Production. If the applicant cancels the
permitted film production activity less than four (4) business days before
the scheduled shoot date, the following cancellation charges shall be paid
and /or withdrawn from the permit deposit:
(1) 3 business days before shoot
production activity charge.
(2) 2 business days before shoot
production activity charge.
(3) 1 business days before shoot
production activity charge.
(4) Day of the production: 100%
activity charge.
date:25% ofthe estimated film
date: 50% of the estimated film
date: 75 %of the estimated film
of the estimated film production
(e) Final Film Production Activity Charges. At the conclusion of the
film production activities, the Village Manager shall determine the final
film production activity charges, using the same methods and considering
the same factors as was done in setting the estimated film production
activities charges. if the final charges are less than the deposit, the Village
shall refund the excess. If the final charges show a balance due from the
permittee, the final fee shall be due and payable in full upon issuance of
the final invoice by the Village.
Sec. 14 -44. Permit Deposit. Upon approval of any film production activity
permit, the applicant shall make a cash deposit with the Village in an amount
equal to the greater of 125% of the estimated permit fee calculated pursuant to
this Article. No film production permit shall be issued until the permit deposit
has been made. The permit deposit shall be made in cash and shall be placed by
the Village in a non - interest bearing account. The Village shall be entitled to
draw against the permit deposit to pay any portion of any invoice for the repair or
restoration of public property that the permittee has not paid within seven (7) days
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of its issuance. In the event that the Village elects to draw against the permit
deposit, the permittee shall be required to restore the permit deposit to its original
amount within three (3) days,
Sec. 14 -45. Issuance or Denial of Permit.
(a) Permits for More Than Four Days. The final determination on the
issuance of any permit for film production lasting for more than four (4)
days shall be made by the Village Board. Upon completing his review of
all such applications, the Village Manager shall submit a report to the
Village Board, summarizing the factual circumstances surrounding the
proposed film production and identifying all Village resources that will be
used or affected by the film production activities. The Village Manager's
report may also contain recommendations regarding issuance of the
permit, conditions to be incorporated into the permit if it is issued, and the
estimated film production activities charges.
(b) Permits for Up to Four Days. The final determination on the
issuance of any permit for film production lasting for four (4) days or less
shall be made by the Village Manager. If the Village Manager determines
that the circumstances of any such film production warrant consideration
by the Village Board, the Village Manager may refer the application to the
Village Board for final decision. The referral shall be accompanied by the
same type of report as is required for applications subject to final decision
by the Village Board under subsection (a) of this section.
(c) Permits for Same Zoning Lot. Not more than four (4) film
production permits, for not more than an aggregate total of twelve (12)
film production days, shall be issued for the same zoning lot during any
twelve (12) month period. Additional permits may be approved by the
Village Board.
(d) Final Permit Decisions. The decision of the Village Manager or,
where applicable, the Village Board on the issuance or denial of a film
production permit shall be final.
Sec. 14 -46. Reservation of Rim.
(a) The Village reserves the right to revoke the issuance of a film
production permit in the event that the applicant does not meet the
conditions of the permit.
(b) The Village reserves the right to order the cessation of film
production activities in the event the Village Manager determines either
that any of the terms and conditions upon which the film production
permit was issued have been violated or that the operation of the film
production has otherwise caused a detriment to the public health, safety
and welfare.
(c) The Village reserves the right to inspect all structures, devices
and /or film production equipment to be used in connection with the film
production at any time the film production is in process.
(d) The Village reserves the right to assign additional police, fire and
other Village personnel and /or services to the film production or film
production locations, in the event the Village Manager or his designee
determines that such additional personnel and/or services are warranted by
the circumstances of the film production activities.
(e) The Village reserves the right to assign additional Village
equipment to the film production or film production locations, in the event
the Village Manager or his designee determines that such additional
equipment is warranted by the circumstances of the film production
activities.
(f) The Village reserves the right to designate other or additional
Village locations, including but not limited to parking areas and streets,
for use during the film production or at any film production locations, in
the event the Village Manager or his designee, determines that such
additional locations are warranted by the circumstances of the film
production activities.
(g) The Village reserves the right to designate or assign any other or
additional Village resources for use during the film production or at any
film production locations, in the event the Village Manager or his designee
determines that such additional Village resources are warranted by the
circumstances of the film production activities.
(h) The Village reserves the right to impose such regulations,
conditions or restrictions other than or in addition to those provided in this
section as the Village, acting through its Village Board or Village
Manager, may deem necessary to protect the public health, safety or
welfare, which regulations, conditions or restrictions shall be stated in the
permit.
(i) The Village reserves the right to deny or postpone the issuance of a
permit if issuing the permit will allow more than one film production
operation in the Village on any given day.
Sec. 14 -47. Permit Duration and Extensions.
(a) Duration of Permit. Any film production permit issued under this
Article shall be valid only for the time period specified within the permit.
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(b) Permit Extensions. The Village Manager, in the exercise of his
discretion, may approve a request for an extension of time beyond the time
specified in the permit only if all of the following conditions are met:
(1) the applicant shall pay additional processing fees prior to the
processing of the permit extension request;
(2) the extension does not violate any terms or conditions of a permit
that was initially approved by the Village Board.
(3) the applicant shall have filed with the Village Manager a letter of
understanding signed by a majority of the owners of record and
occupants of property situated within four hundred (400) linear feet, in
each direction and on both sides of the street or streets, of the film
production location;
(4) the applicant shall pay all additional processing fees;
(5) the Village Manager shall have determined that the requested
extension will not place an undue burden on the normal operations of
the Village;
(6) the Village Manager shall have determined that the requested
extension will not unreasonably interfere with the normal operations of
businesses located within the Village;
(7) the Village Manager determines revised estimated film production
activities charges and the applicant pays the required cash deposit on
such revised charges.
(c) Extension of Permit Conditions. In the event of an extension of
the time period for the film production permit, the permit shall remain
subject to all conditions of the original permit.
Sec. 14 -48. Hours of Production. Film production, including time for set -up and
restoration, shall be limited to the hours between 7:30 a.m. and 7:00 p.m. on
Monday through Fridays and to the hours between 8:30 a.m. and 5:00 p.m. on
Saturdays. Film production crews and equipment shall not arrive or stand at the
production site except during said hours of production. A request for hours of
production beyond those specified in this subsection may be approved by the
Village Manager only after the applicant has presented a letter of understanding
signed by a majority of the owners of record and occupants of property situated
within four hundred (400) linear feet, in each direction and on both sides of the
street or streets, of the location upon which filming is expected to occur.
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Sec. 14 -49. Compliance with Applicable Ordinances, Regulations, Conditions
and Restrictions. All film production permits issued pursuant to this Article shall
be conditioned upon the applicant's compliance with all applicable ordinances of
the Village and with any additional regulations, conditions or restrictions set forth
in the permit.
See. 14 -50. Compliance with Police Orders. The Village reserves the right of
the Chief of Police to order any holder of a permit under this Article to
immediately vacate the public ways and /or public property if, in his or her
determination, such action is necessary to protect the public health, safety or
welfare. All film production permits issued pursuant to this Article shall be
conditioned upon the applicant's immediate compliance with any such order.
Sec. 14 -51. Vehicle and Equipment Parkin. Unless otherwise directed by the
Manager or ordered by the Chief of Police, vehicles, trailers and equipment shall
only be parked on one side of any Village street.
Sec. 14 -52. Violations and Penalties.
(a) General Penalty. Any person who violates a provision of this
Article, who makes a false statement in obtaining a permit under this
Article, or who violates a condition of any permit issued under this
Article, shall be subject to a fine of seven hundred fifty dollars ($750.00).
(b) Revocation of Permit. Every permit issued pursuant to this Article
shall be subject to revocation by the Village Manager upon any violation
of the terms or conditions upon which it was issued, or upon the violation
of this Article or any other applicable Village ordinance or state law. Such
revocation may be in addition to any fine imposed for any such violation.
(c) Separate Offenses. Each act of violation and each day on which a
violation of this Article or a permit issued pursuant to this Article occurs
shall constitute a separate offense.
(d) Liability of Permit Holder. Every permit holder shall be subject to
penalties for violations of this Article and for violations of the terms or
conditions of any permit issued pursuant to this Article by any officer,
director, manager, employee, agent or representative of the permit holder
as if such violation had been committed by the permit holder personally
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SECTION 2: That the annual fee resolution of the Village of Deerfield be and the same is
hereby amended to add the following as the application fee to be paid pursuant to Section 14 -42
of the Municipal Code of the Village of Deerfield, as amended:
Classification
(D) Businesses
Municipal Code
Reference
14 -42(a)
14 -42(b)
Description
Basic application fee
Additional
processing fee
Fee for
FY 2013/2014
$100.00
$60.00 per hour
SECTION 3: That this Ordinance, and each of its terms, shall be the effective legislative
act of a home rule municipality without regard to whether such Ordinance should: (a) contain
terms contrary to the provisions of current or subsequent non - preemptive state law; or, (b)
legislate in a manner or regarding a matter not delegated to municipalities by state law. It is the
intent of the corporate authorities of the Village of Deerfield that to the extent that the terms of
this Ordinance should be inconsistent with any non - preemptive state law, this Ordinance shall
supersede state law in that regard within its jurisdiction.
SECTION 4: That this Ordinance shall be in full force and effect from and after its
passage, approval and publication in pamphlet form as provided by law.
PASSED this 21st day of October , 2013.
AYES: Benton, Farkas, Jester, Nadler, Seiden, Struthers
NAYS: None
ABSENT: None
ABSTAIN: None
APPROVED this 21st day of October , 2013.
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ATTEST:
Lo,5 r Ik �
Vil age Clerk
m
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Village President