Ordinance - 2020 - 835 - Collection Of Impact Fees Parks, Police & Fire - 10/10/2020ORDINANCE NO. 835
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING TITLE 7
"BUILDING REGULATIONS, CHAPTER 6 "DEVELOPMENT IMPACT FEE"; PROVIDING
A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Eagle, Idaho is a municipal corporation organized and operating under
the laws of the State of Idaho; and
WHEREAS, pursuant to Chapter 65, Title 8206, Idaho Code, the City of Eagle has the authority
to adopt, establish and amend an ordinance authorizing the imposition of development impact fees;
and
WHEREAS, the Mayor and Council have determined that good cause exists for amending Title
7, Chapter 6 (Development Impact Fee Ordinance) of the Eagle City Code for the imposition of
police and fire development impact fees; and
WHEREAS, the proposed changes to the Development Impact Fee Ordinance are in accordance
with the City of Eagle Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE
CITY OF EAGLE, Ada County, Idaho;
Section 1: That Title 7, Chapter 6, Section 2, be and is hereby amended, to read as follows with
underline text to be added:
STUDY: City of Eagle development impact fee study dated May 11, 1999 for narks and
pathways, and all updates and amendments pertaining thereto and development impact fee study
dated June, 2020 for police and all updates and amendments pertaining thereto.
Section 2: That Title 7, Chapter 6, Section 5, be and is hereby amended, to read as follows with
underline text to be added:
7-6-5: CAPITAL IMPROVEMENT PROJECTS:
The capital improvement projects to be financed by the impact fee are those designated as police
facilities, park facilities and pathway facilities in the "study", incorporated herein by reference
along with all footnotes, exhibits, appendices and other attachments referenced.
Section 3: That Title 7, Chapter 6, Section 6, be and is hereby amended, to read as follows with
underline text to be added and strike -through text to be deleted:
7-6-6: CALCULATION OF FEE:
A. Time Frame: The City shall calculate the amount of the park and pathway impact fee and
police impact fee due for each building permit and manufactured/mobile home installation
permit by the procedure set forth in the "study" within thirty (30) days of submittal of complete
permit plans for residential development.
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C. Improvements And Expansions: A development impact fee shall be calculated on the basis
of levels of service for police. public park facilities and public pathway facilities adopted in this
chapter and in the "study" that are applicable to existing development as well as new growth and
development. The construction, improvement, expansion or enlargement of new or existing
police facilities, public park facilities and public pathway facilities for which a development
impact fee is imposed must be attributable to the capacity demands generated by the new
development.
F. Individual Assessment: Individual assessment of impact fees is permitted in situations where
the fee payer. at fee paver's expense. can Elemonctrate prove by clear and convincing evidence
that the established impact fee is inappropriate.
4. The City Clerk, or his or her duly designated agent, shall evaluate an application for
individual assessment and may approve the same if fee payer has shown by clear and convincing
evidence that the established impact fee is inappropriate and that the following facts and
conditions exist:
d. The approval of the individual assessment will not adversely affect the relevant Capital
Improvements Plan for the -City which the impact fee is being collected.
Section 4: That Title 7, Chapter 6, Section 7, be and is hereby amended, to read as follows with
underline text to be added:
7-6-7: GENERAL METHODOLOGY FOR CALCULATION:
C. Payment By Developer: A developer shall have the right to elect to pay a project's
proportionate share of police. park and pathway system improvement costs by payment of
development impact fees according to the fee schedule as full and complete payment of the
development project's proportionate share of system improvement costs, except as provided in
section 67-8214(3), Idaho Code. The schedule of police. park and pathway facilities
development impact fees for various land uses per unit of development shall be as set forth in the
"study".
Section 5: That Title 7, Chapter 6, Section 13, be and is hereby amended, to read as follows with
underline text to be added:
7-6-13A: ADDENDUM A:
Addendum A entitled "Development Impact Fee Study" dated August 20, 1999, along with all
footnotes, exhibits, appendices, and other attachments referenced therein, and all subsequent
amendments pertaining thereto including but not limited to those amendments and updates dated
June 29, 2011, and March 2017, are all by this reference incorporated herein as if set forth in full.
A description of acceptable levels of service for park and pathway system improvements is
described in the "study".
7-6-13B: ADDENDUM B:
Addendum B titled "City of Eagle Police Department Impact Fee Study and Capital
Improvement Plan" dated June. 2020 along with all footnotes, exhibits. appendices. and other
attachments referenced therein. and all subsequent amendments pertaining thereto are all by this
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K1COUNCIL\Draft Ordinanccs\ORD 835 Police and Fire Impact fees.docx
reference incorporated herein as if set forth in full. A description of acceptable levels of service
for police is described in the "Study".
Section 6: That Title 7, Chapter 6, Section 17, be and is hereby amended, to read as follows with
underline text to be added and strike -through text to be deleted:
7-6-17: LITY: INTERGOVERNMENTAL AGREEMENTS:
The pFeieisions r are he lcelared to
eh proviaion to any person or circum
ration shell not
The City is authorized under this code section and Idaho Code 67-8204A to enter into
intergovernmental agreements with other governmental entities or highway districts, fire
districts, water districts, sewer districts recreational water and sewer districts or irrigation
districts and the Idaho Department of Transportation for the purpose of developing joint plans
for capital improvements or for the purpose of agreeing to collect and expend development
impact fees for system improvements or both.
All intergovernmental agreements shall contain a provision requiring the City or the other party
to the intergovernmental agreement to establish and maintain a Capital Projects Fund Account or
similar trust fund for the purpose of ensuring that all Development Impact Fees collected,
pursuant to the intergovernmental agreement, are used to address impacts reasonably attributable
to new Development for which the development impact fees are paid. The Capital Projects Fund
shall be divided into one (1) or more trust accounts. All funds in all trust accounts shall be
maintained in an interest -bearing account. The interest earned on each Trust Account pursuant to
Idaho Code Section 67-8210(1) shall not be governed by Idaho Code Section 57-127, as it may
be amended, but shall be considered funds of each account and shall be subject to the same
restrictions on uses of funds as the Development Impact Fees on which the interest is generated.
Section 7: That Title 7, Chapter 6, Section 18, be and is hereby amended, to read as follows with
underline text to be added:
7-6-18: FIRE IMPACT FEES:
A. Fire impact fees are hereby imposed on all new Development within the conterminous
boundaries of the City and the Eagle Fire District. The fire impact fees shall be collected by the
City and transferred to the Eagle Fire District pursuant to an executed Intergovernmental
Agreement. The amount of the fire impact fee is identified in the Eagle Fire District Impact Fee
Study and Capital Improvements Plan dated June, 2020 and all subsequent updates and
amendments pertaining thereto. Fire impact fees are subiect to the same rules and procedures as
other development impact fees collected under this chapter including, but not limited to,
Individual Assessments, Appeals, Exemptions, Refunds and Extraordinary Impact.
B. All fire impact fees paid by a Fee Paver pursuant to this Chapter. shall. upon receipt by
the Eagle Fire District, be promptly deposited by the Eagle Fire District into a Capital Projects
Fund established by the Eagle Fire District. The Capital Projects Fund shall be divided into
one (1) or more the Trust Accounts and:
1. Monies in each Trust Account shall be spent in the order collected. on a first -in/
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1000UNCILDraft OrdinancestORD 835 Police and Fire Impact fees-docx
first -out basis.
2. All funds in all Trust Accounts shall be maintained in an interest bearing account. The
interest earned on each Trust Account pursuant to Idaho Code & 67-8210(1) shall not be
governed by Idaho Code & 57-127. as amended. but shall be considered funds of the Trust
Accounts and shall be subject to the same restrictions on uses of funds as the Fire District Impact
Fees on which the interest is generated.
3. The Eagle Fire District shall maintain and keep accurate financial records for each of
their Trust Accounts which records shall:
a. Show the source and disbursement of all revenues:
b. Account for all monies received:
c. Ensure that the disbursement of funds from each Trust Account shall be
used solely and exclusively for the provisions of projects specified in the
Eagle Fire District Impact Fee Study and Capital Improvements Plan dated June. 2020 and all
updates and amendments pertaining thereto: and
d. Provide an annual accounting for each Trust Account showing the source and
amount of all funds collected and the projects that were funded. which annual accounting shall
be provided to the City as part of the annual audit process of this Chapter.
Section 8: The provisions of this ordinance are hereby declared to be severable and if any provision
of this act or the application of such provision to any person or circumstance is declared invalid
for any reason, such declaration shall not affect the validity of remaining portions of this ordinance.
Section 9: This ordinance shall take effect and be in force thirty (30) days after its passage,
approval, and publication as required by law. In lieu of publication of the entire ordinance, a
summary thereof in compliance with Section 50-901A, Idaho Code, may be published.
Approved and adopted this eday of WOVA1/11-e-v- , 2020.
CITY OF EAGLE
Ada County, Idaho
MAYOR
ATTEST:
TRACY1r. OSBORN
CITY C ERK
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AFFIDAVIT OF PUBLICATION
RECEIVED & FILED
CITY OF EAGLE
Account#
Ad Number
IdenfifcatIon
PO
} Amount
Gnls
Oeoth
263945
4444788818
PUBLIC HEARING CITY OF EAGLE Legal nouc
PUBLIC HEARING
I S70.16
6.33 In
Attention: Tracy E. Osborn
CITY OF EAGLE / LEGALS
PO BOX 1520
EAGLE, ID 83616
PUBLIC HEARING
CITY OF EAGLE
Legal notice is hereby ggiven fhat
the EAGLE CITY COUNCIL will
hold a public hearing November
10, 2020, at 6:00 P.M. at Eagle
City Hall to consider the follow-
ing:
APPLICATION #: Ordinance No.
835
SUMMARY: The City of Eagle is
proposing an amendment to its
impact fee ordinance to add for
the collection of police and fire
impact fees. The proposed land
use assumptions and a copy of
the proposed capital improve-
ments plan are available for re-
view at Eagle City Hall, 660 E.
Civic Lane, Eagle, ID 83616. Any
member of the public affected by
the capital improvements plan or
amendments shall have the right
to appear at the public hearing
and present evidence regarding
proposed fire and police impact
fee ordinance..
The Eagle City Council is taking
remote public testimony via
Webex. Meeting login instruc-
tions are posted on https://www
.cityofeagle. org/1698/Virtual-
Meetings. If you just want to
watch the meeting, without giv-
ing comment, please watch our
livestream at https://www.cityof
eagle.org/305/City-Agendas-
Videos.
WRITTEN COMMENTS must be
submitted no less than five (5)
working days prior to the day on
which the public hearing is
scheduled, to Eagle City Hall
660 E. Civic Lane Eagle, Idaho
83616. Qualified individuals who
need accessible communication
aids and services or other ac-
commodations to participate in
programs and activities are invit-
ed to make your needs and pref-
erences know to the 504/ADA
Coordinator (Eagle City Clerk),
208.939-6813. Please allow
three to five days advanced no-
tice so that your needs may be
adequately met.
0004788818.01
VICTORIA RODELA, being duly sworn,
deposes and says: That she is the
Principal Clerk of The Idaho
Statesman, a daily newspaper printed
and published at Boise, Ada County,
State of Idaho, and having a
general circulation therein, and which
said newspaper has been
continuously and uninterruptedly
published in said County during a
period of twelve consecutive months
prior to the first publication of the
notice, a copy of which is attached
hereto: that said notice was published
in The Idaho Statesman, in conformity
with Section 60-108, Idaho Code, as
amended, for:
1 Insertions
Beginning issue of: 10/23/2020
Ending issue of: 10/23/2020
KEDdd,
(Legals Clerk)
On this 23rd day of October in the year
of 2020 before me, a Notary Public,
personally appeared before me
Victoria Rodela known or identified to
me to be the person whose name
subscribed to the within instrument,
and being by first duly sworn,
declared that the statements therein
are true, and acknowledged to me
t she executed the same.
Notary Public in and for the state of
Texas, residing in Dallas County
Extra charge for lost or duplicate affidavits.
Legal document please do not destroy!
Idaho Statesman
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AFFIDAVIT OF PUBLICATION
VI ,- 1 ILED
GtrY OF EAGLE
NOlNov' 0 2020
Fil
R.
Account 4
Ad Number
Identification
PC
Amount
Dols
Death
263905
0004809226
ORDINANCE NO. 835 AN ORDINANCE OF THE'
ORD 835
5411.76
3
16.11 In
Attention: Tracy E. Osborn
CITY OF EAGLE / LEGALS
PO BOX 1520
EAGLE, ID 83616
ORDINANCE NO. 835
AN ORDINANCE OF THE CITY OF EAGLE, ADA COUNTY IDAHO, AMENDING TITLE 7 "BUILDING REGULA-
TIONS, CHAPTER 6 "DEVELOPMENT IMPACT FEE": PROVIDING A SEVERABILITY CLAUSE; AND PROVID-
ING AN EFFECTIVE DATE,
WHEREAS, the City of Eagle. Idaho is a municipal corporation organized and operating under the laws of
the State of Idaho; and
WHEREAS, pursuant to Chapter 65, Title I3206, Idaho Code, the City of Eagle has the authority to adopt,
estabbsh and amend an ordinance authorizing the imposition of development impact fees: and
WHEREAS, the Mayor and Council have determined that good cause exists for amending Title 7, Chap-
ter 6 (Development Impact Fee Ordinance) of the Eagle City Code far the imposition of police and fire
development impact fees; and
WHEREAS, the proposed changes to the Development Impact Fee Ordinance are in accordance with the
City of Eagle Comprehensive Plan;
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF EAGLE, Ada
County, Idaho;
Section1: That Title 7, Chapter 6, Section 2, be and is hereby amended, to read as follows with under-
line text to be added:
STUDY: City of Eagle development impact fee study
y dated May 11, 1999 for parks and pathways., and
all Itpdates and a ndments pertaining thereto. an development impact tee study dated June, 2020 for
police and all updates and amendments pertaining thereto.
Section 2: That Title 7, Chapter 6, Section 5, be and is hereby amended, to read as follows with under-
line text to be added:
7.6.5: CAPITAL IMPROVEMENT PROJECTS:
The capital improvement projects to be financed by the impact fee are those designated as pokc.e facili-
ties, park facilities and pathway facilities in the 'study', incorporated herein by reference along with all
footnotes, exhibits, appendices and other attachments referenced.
Section 3: That Title 7, Chapter 6, Section 6, be and is hereby amended, to read as follows with under-
line text to be added and strike -through text to be deleted:
7.66: CALCULATION OF FEE:
A, Time Frame: The City shall calculate the amount of the park and pathway impact fee and police im-
pact fee due for each building permit and manufactured mobile home instal' lion permit by the proce-
dure set forth in the 'study' within thirty (30) days of submittal of complete permit plans for residential
development. (Ord, 775 5-9-2017)
C. improvements And Expansions: A development impact fee shall be t:a'culated on the basis of levels
of service far pollee, public park facilities and public pathway facilities adopted in this chapter and in the
"study that are applicable to existing development as well as new growth and development. The con-
struction, improvement, expansion or enlargement of new or existing police facit:ties, public park facili-
ties and public pathway facilities for which a development impact tee is imposed must be attributable in
the capacity demands generated by the new development. (Ord. 775, 5-9-2017)
F. Individual Assessment: Individual assessment of impact fees is permitted in situations where the fee
payer, at fee payer's expense, can demonstrate -demonstrate prove by clear and convincing evidence
that the established :mpact fee is inappropriate.
4, The City Clerk, or his or her duly designated agent. shall evaluate an application far individual
assessment and may approve the same if fee payer has shown by clear and convincing evidence that
the established impact fee is inappropriate and that the following facts and conditions exist:
d. The approval of the individual assessment will not adverse !},,� affect the relevant Capital Im-
provements Plan for the City which the impact fee is being collecterlt'ne City.
IOrd.345, 5-11.1999)
Section 4; That Title 7, Chapter 6, Section 7, be and is hereby amended, to read as follows with under-
line text to be added:
7.6.7: GENERAL METHODOLOGY FOR CALCULATION'
C. Payment By Developer: A developer shall have the right to elect to pay a project.'s proportionate
share of police, park and pathway system improvement costs by payment of development impact fees
according to the fee schedule as full and complete payment of the development projects proportionate
share of system improvement costs, except as provided in section 67-8214(3), Idaho Code. The sched-
ule of police, park and pathway facilities development impact fees for various land uses per unit of de-
velopment shall be as set forth in the 'study(Ord. 775, 5-9-2017)
Section 5: That Title 7, Chapter 6, Section 13, be and is hereby amended, to read as follows with under-
line text to be added:
7-6.13A: ADDENDUM A:
Addendum A entitled 'Development Impact Fee Study' dated August 20, 1999, along with all footnotes,
exhibits, appendices, and other attachments referenced therein, and all subsequent amendments per-
taining thereto including but not limited to those amendments and updates dated June 29, 2011, and
March 2017, are all by this reference incorporated herein as if set forth in tut A description of accepts•
VICTORIA RODELA, being duly sworn.
deposes and says: That she is the
Principal Clerk of The Idaho
Statesman, a daily newspaper printed
and published at Boise, Ada County,
State of Idaho, and having a
general circulation therein, and which
said newspaper has been
continuously and uninterruptedly
published in said County during a
period of twelve consecutive months
prior to the first publication of the
notice, a copy of which is attached
hereto: that said notice was published
in The Idaho Statesman, in conformity
with Section 60-108, Idaho Code, as
amended, for:
1 Insertions
Beginning issue of: 11/15/2020
Ending issue of: 11/15/2020
(Legals Clerk)
On this 16th day of November in the
year of 2020 before me, a Notary
Public, personally appeared before
me Victoria Rodela known or
identified to me to be the person
whose name subscribed to the within
instrument, and being by first duly
sworn, declared that the statements
therein are true, and acknowledged to
me that she executed the same
STEFANI SCOTT BEARD
My Notary ID # 131768951
Expires October 23, 2022
Notary Public in and for the state of
Tex- -- rt siding in Dallas County
Est a arge ' ost or dup at affidavits.
Legal document •lease do not destroy?
me levels et service tor pare and pathway system improvements is descrroea in the-stuayr, turd. lib,
7.6-I3B: ADDENDUM B:
Addendum B titled -'City of Eagle Police Department Impact Fee Study and Capital Improvement Plan'
dated June, 92O along with _ell fgptnotes,._exhibts, apRee ces and ith r attachments. r-.eferenced
therein,and ali subsequent amendments.Pertainen thereto are all by this re erence incorporated herein
as if set forth:in full. A description of acceptable levels of service for 0-dice is described in the `Study'.
Section 6: That Title 7, Chapter 6, Section 17, be and is hereby amended, to read as follows with under-
line text to be added and strikethrou h text to be deleted:
7-6-17: SEVERABtIJTY:-SE4ERABtUrt:INTERGOVERNMENTAL AGREEMENTS:
The -provisions of this chapter -are -hereby declared -to -be -severable and -if -any provision- of -this -chapter
or the -application of -such -provision to any -person or -circumstance is declared invalid -for- any- reason,
such -declaration -shag not-affecttIre-validity of -remaining portions-of-this-chapter:The-provisions-of-this
chapter -are hereby -declared -to be -severable -and if- any'provision of this chapter -or the- application -of
such-prevision-to-any-person.or-circumstance-is declared invalid -for any reason; such declaration -shall
not affect the validity of remaining portions.of this c ter (Ord:-345 5-11-1999).
The-C.tty ls_autlterized under thiS.codesects andida 7_�20 Code64A.to enter it to intergovernmental
agreements with_ptferr,governmentel_entiVAS Of hipheray d►stncts, fire _dstricts, water districts .sewer
districts recreational water and sever districts or irrigation districts and the Idaho Department of Trans-
portabon for.. the purpose of developing_ joint.plans_ for -capital improvements or _forthe purpose of
agreirig_te C911ec1 and expend ¢eyelopn Wet ireL actfeeS for system unprgvements, or b9th,-
All intergovernmental agreements shall contain a provision re uumg the C�y or the other party to thein-
tergovernmental agreement to establish and maintain a Capital ProJ cts Fund Account or similar trust
fund for the purpose of_ensuring_ that as Deeelopment_lmpact Fees collected, pursuant to the intergov-
ernmental agreement are used to address_impactsreasonably attretutable to new Development for
which the development impact fees are paiid., The —Capital —projects Fund -shai be divided into onellf or
more trust accounts, All funds In -ail trusta-scounts shall be manttaured_in an interest-heerrng.account,
The interest eamed on each Trust Account pursuant to Idaho Code Section 67.8210(1) shall not be goy -
eared by tdaho Code Section 57:127, as itrnay be amended, but shall 6e considered funds of, each ac-
count.and Shall :be subject.to-the_same.restrictions_t�f.uses_of funds as,tlie Development IrnpactFees
on which the interest _is -generated.
Section 7: That Title 7, Chapter 6, Section 18, be and is hereby amended, to read as follows with under-
l{rne text to be added;
7.618: FIRE IMFADT FEES:
A. Fire iimpact fees are hereby.imposed on all new Development- thin the conterminous bounda-
riesstfshe Cittyr.artd the Eagle. Fu_e ThsJriet;_Jbe Lie impaPtIees_shalf bb_coltested by the CityinsT,irans-
ferred.t9 the Eagle Fire District pursutint-t9 an pxecutetUntergovemmental Agreement The amount of
the ire Impact fee is identified in the Eagle Fire District1j pact Fee Study. and Capital Improvements.
Plan=d-atedpJune,-2020-andand-al suiiserfuent.updates and amturdmerris Derlainilig thereto. Fie impact
fees are subbect.to the same rules. and procedures as_ otherdevelopment impact fees-co1ected_under
this chapter including, but not limited to, Individual Assessments, Appeals, Exemptions Refunds and Ex-
raoidinary fmpact
Ail ireimpact fees paid by a Fee Payer pur_susnt to this Chapter, shall,. upon receipt by the
Eagle_Fre District be prornptiy-deposited try the Eagle fire District intoa_ Capital_f'rojects_fund estab-
rshed by the Eagle Fire District. The Capital Prefects Fund shall be divided into one (1) or more the
Trust Atcotints_and,
1. Monies in each Trust Accountshall be spentin the order collected, on a tirsti_n/
first -out basis.
2 Ali funds.in all Trust Aecounts.shau be maintained in an interest bearing account The inter-
est gamed on each Trust Account pursuant to Idaho Code 67 8210{1) shall not be governed by Idaho
Code § 57127,.as amended; but -shalt_ be considered hinds of theTrustkccaunts._and Shan be subject
tithe same restrictions on uses 6ffi�nds as the Fae 6isUict Tn►pact Fees on iiihich the interest is gener-
ated.
3. The Eagle Fire District shall maintain and keep accurate financial records for each of their
Trust ACCOUnts_which-records shall—
Show- the source and_Os bursement of all revenues;
. Account for all monies received;
c. Ensure thatthe disbursement of funds from each Trust Account shall be used
Di�eIy and exclusive. for the previsions9f.projects.specified in the Eagle Fire
strict Impact Fee Study and Capital ImprovementsPlan dated June, 2020 and all
updates and amendments pertaining thereto; and
I'rrovide_an annual accounting.foc.eech Trust shovnng the._souce:and
amountof all fiends collected and the projects that 1ere funded which annual.ac
counting shelf lie provided to —the City as part of the annual audit process of this
Chapter.
Section 8: The provisions of this ordinance are hereby declared to be severable and if any provision of
this act or the application of such provision to any person or circumstance is declared invarid for any
reason, such declaration -shall not affect the validity of remaining portions of this ordinance.
Section 9: This ordinance shall take effect and be in force thirty (30) days after its passage, approval,
and publication as required by law. In lieu of publication of the entire ordinance, a summary thereof in
compliancepwith Section 50-901A, Idaho Code. may bepublished.
CIOFedAnd adopted this 10th day of November, 2020.
Ada County,. Idaho
JJA/s/ SONSPE Ee
MAYOR
ATTEST: /s/ Tracy E. Osborn
TRACY E. OSBORN
CITY CLERK
0004809226.01