480-644 CITY OF SOUTHLAKE, TEXAS
ORDINANCE NO. 480-644
AN ORDINANCE AMENDING ORDINANCE NO. 480, AS
AMENDED, THE COMPREHENSIVE ZONING ORDINANCE OF
THE CITY OF SOUTHLAKE, TEXAS; GRANTING A ZONING
CHANGE ON A CERTAIN TRACT OR TRACTS OF LAND WITHIN
THE CITY OF SOUTHLAKE, TEXAS BEING LEGALLY
DESCRIBED AS LOT 2R, BLOCK 1, MEDICAL VILLAS AT
TUSCAN CREEK, AN ADDITION TO THE CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS, BEING APPROXIMATELY 3.047
ACRES, AND MORE FULLY AND COMPLETELY DESCRIBED IN
EXHIBIT "A" FROM "0-1" OFFICE DISTRICT TO "S -P -1"
DETAILED SITE PLAN DISTRICT AS DEPICTED ON THE
APPROVED SITE PLAN ATTACHED HERETO AND
INCORPORATED HEREIN AS EXHIBIT "B ", SUBJECT TO THE
SPECIFIC REQUIREMENTS CONTAINED IN THIS ORDINANCE;
CORRECTING THE OFFICIAL ZONING MAP; PRESERVING ALL
OTHER PORTIONS OF THE ZONING ORDINANCE;
DETERMINING THAT THE PUBLIC INTEREST, MORALS AND
GENERAL WELFARE DEMAND THE ZONING CHANGES AND
AMENDMENTS HEREIN MADE; PROVIDING THAT THIS
ORDINANCE SHALL BE CUMULATIVE OF ALL ORDINANCES;
PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR A
PENALTY FOR VIOLATIONS HEREOF; PROVIDING A SAVINGS
CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL
NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule City acting under its Charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Texas Local Government Code; and,
WHEREAS, pursuant to Chapter 211 of the Local Government Code, the City has the
authority to adopt a comprehensive zoning ordinance and map regulating the location and use
of buildings, other structures and land for business, industrial, residential and other purposes,
and to amend said ordinance and map for the purpose of promoting the public health, safety,
morals and general welfare, all in accordance with a comprehensive plan; and,
WHEREAS, the hereinafter described property is currently zoned as "0-1" Office District
under the City's Comprehensive Zoning Ordinance; and,
Page 1
WHEREAS, a change in the zoning classification of said property was requested by a
person or corporation having a proprietary interest in said property; and,
WHEREAS, the City Council of the City of Southlake, Texas, at a public hearing called by
the City Council did consider the following factors in making a determination as to whether these
changes should be granted or denied: safety of the motoring public and the pedestrians using
the facilities in the area immediately surrounding the sites; safety from fire hazards and
damages; noise producing elements and glare of the vehicular and stationary lights and effect of
such lights on established character of the neighborhood; location, lighting and types of signs
and relation of signs to traffic control and adjacent property; street size and adequacy of width
for traffic reasonably expected to be generated by the proposed use around the site and in the
immediate neighborhood; adequacy of parking as determined by requirements of this ordinance
for off - street parking facilities; location of ingress and egress points for parking and off - street
loading spaces, and protection of public health by surfacing on all parking areas to control dust;
effect on the promotion of health and the general welfare; effect on light and air; effect on the
over - crowding of the land; effect on the concentration of population, and effect on transportation,
water, sewerage, schools, parks and other public facilities; and,
WHEREAS, the City Council of the City of Southlake, Texas, further considered among
other things the character of the districts and their peculiar suitability for particular uses and the
view to conserve the value of the buildings, and encourage the most appropriate use of the land
throughout this City; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that there is a
public necessity for the zoning changes, that the public demands them, that the public interest
clearly requires the amendments, and that the zoning changes do not unreasonably invade the
Page 2
rights of those who bought or improved property with reference to the classification which
existed at the time their original investment was made; and,
WHEREAS, the City Council of the City of Southlake, Texas, does find that the changes
in zoning lessen the congestion in the streets, helps secure safety from fire, panic, and other
dangers, promotes the health and the general welfare, provides adequate light and air, prevents
the over - crowding of land, avoids undue concentration of population, and facilitates the
adequate provision of transportation, water, sewerage, schools, parks and other public
requirements; and,
WHEREAS, the City Council of the City of Southlake, Texas, has determined that there is
a necessity and need for the changes in zoning and has also found and determined that there
has been a change in the conditions of the property surrounding and in close proximity to the
tract or tracts of land requested for a change since the tract or tracts of land were originally
classified and therefore feels that the respective changes in zoning classification for the tract or
tracts of land are needed, are called for, and are in the best interest of the public at large, the
citizens of the city of Southlake, Texas, and helps promote the general health, safety and
welfare of the community.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1.
That Ordinance No. 480, the Comprehensive Zoning Ordinance of the City of Southlake,
Texas, passed on the 19th day of September, 1989, as originally adopted and amended, is
hereby amended so that the permitted uses in the hereinafter described areas be altered,
changed and amended as shown and described below:
Page 3
Being legally described as Lot 2R, Block 1, Medical Villas at Tuscan Creek, an
addition to the City of Southlake, Tarrant County, Texas, according to the plat filed
as Instrument # D213064744, Plat Records, Tarrant County, Texas, being
approximately 3.047 acres, and more fully and completely described in Exhibit "A"
from "0-1" Office District to "S -P -1" Detailed Site Plan District as depicted on the
approved Site Plan attached hereto and incorporated herein as Exhibit "B," and
subject to the following conditions:
• The City Council approved the Zoning Change and Site Plan for Complete
Emergency Care Medical Villas at Tuscan Creek; reaffirming the S -P -1 use
identified in the application is limited to the subject 5,000 square feet that the
applicant will be purchasing and subject to site plan review summary No. 3, dated
July 29, 2013.
SECTION 2.
That the City Manager is hereby directed to correct the Official Zoning map of the City of
Southlake, Texas, to reflect the herein changes in zoning.
SECTION 3.
That in all other respects the use of the tract or tracts of land herein above described
shall be subject to all the applicable regulations contained in said Zoning Ordinance and all
other applicable and pertinent ordinances for the City of Southlake, Texas. All existing sections,
subsections, paragraphs, sentences, words, phrases and definitions of said Zoning Ordinance
are not amended hereby, but remain intact and are hereby ratified, verified, and affirmed.
SECTION 4.
That the zoning regulations and districts as herein established have been made in
accordance with the comprehensive plan for the purpose of promoting the health, safety, morals
and the general welfare of the community. They have been designed, with respect to both
present conditions and the conditions reasonably anticipated to exist in the foreseeable future;
to lessen congestion in the streets; to provide adequate light and air; to prevent over - crowding
of land; to avoid undue concentration of population; and to facilitate the adequate provision of
Page 4
transportation, water, sewerage, drainage and surface water, parks and other commercial needs
and development of the community. They have been made after a full and complete hearing
with reasonable consideration among other things of the character of the district and its peculiar
suitability for the particular uses and with a view of conserving the value of buildings and
encouraging the most appropriate use of land throughout the community.
SECTION 5.
That this ordinance shall be cumulative of all other ordinances of the City of Southlake,
Texas, affecting zoning and shall not repeal any of the provisions of said ordinances except in
those instances where provisions of those ordinances are in direct conflict with the provisions of
this ordinance.
SECTION 6.
That the terms and provisions of this ordinance shall be deemed to be severable and that
if the validity of the zoning affecting any portion of the tract or tracts of land described herein
shall be declared to be invalid, the same shall not affect the validity of the zoning of the balance
of said tract or tracts of land described herein.
SECTION 7.
Any person, firm or corporation who violates, disobeys, omits, neglects or refuses to
comply with or who resists the enforcement of any of the provisions of this ordinance shall be
fined not more than Two Thousand Dollars ($2,000.00) for each offense. Each day that a
violation is permitted to exist shall constitute a separate offense.
SECTION 8.
All rights and remedies of the City of Southlake are expressly saved as to any and all
Page 5
violations of the provisions of Ordinance No. 480, as amended, or any other ordinances
affecting zoning which have accrued at the time of the effective date of this ordinance; and, as
to such accrued violations and all pending litigation, both civil and criminal, whether pending in
court or not, under such ordinances, same shall not be affected by this ordinance but may be
prosecuted until final disposition by the courts.
SECTION 9.
The City Secretary of the City of Southlake is hereby directed to publish the proposed
ordinance in its entirety on the City website together with a notice setting out the time and place
for a public hearing thereon at least ten (10) days before the second reading of this ordinance,
and it this ordinance provides for the imposition of any penalty, fine or forfeiture for any violation
of any of its provisions, then the City Secretary shall additionally publish this ordinance in the
official City newspaper one time within ten (10) days after passage of this ordinance, as required
by Section 3.13 of the Charter of the City of Southlake.
SECTION 10.
This ordinance shall be in full force and effect from and after its passage and publication
as required by law, and it is so ordained.
PASSED AND APPROVED on the 1 reading the 6 day of August, 2013.
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MAYOR
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Page 6
PASSED AND APPROVED on the 2 " reading the 20 day of August, 2013.
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CITY SECRETARY-,
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
DATE: al
ADOPTED: &(1 / 3
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Page 7
"S -P -1" REGULATIONS AS APPROVED WITH ORD. NO 480 -644
"S -P -1" Detailed Site Plan District
For
Lot 2R, (Units D, E, F), Block 1, limited & general common elements of Medical Villas at Tuscan
Creek
A Professional Condominium, a Condominium Regime
This site shall comply with all conditions of the City of Southlake's comprehensive zoning ordinance
No. 480, as emended, as it pertains to the section 18, "0 -1" office uses and regulations with the
following exceptions
Permitted Uses
All uses permitted in the "0 -1" office district uses and using limited "C -1" includes the following use:
• Free Standing Emergency Room Medical Facility /Clinic with twenty -four hour operating
hours, allowing ambulance transfers, and /or an Urgent Care Medical Clinic, and related
healthcare clinical services.
• The Medical Villas at Tuscan Creek is an existing medical condominium office project with
healthcare offices that include; a Dental Practice, Orthodontics, Wellness, Neurology, so our
intended Emergency Medical Clinic complies with the tenant mix of the complex. The units
being acquired a comprise an area of 4,867 square feet of the 20,500 square feet of total
building area making the complex 100% occupied. The patient volume typically comes at
various times with a greater concentration of patients visiting the clinic after 5:00 PM and on
Saturday and Sunday. Patients are admitted within 15 to 20 minutes of entering the facility and
treated then released unless transferred to a hospital. Complete Emergency Care can evaluate
and treat a wide spectrum of medical and surgical acuity from urgent care to emergency cases
such as sore throats, bronchitis, urinary tract infections to life and limb cases such as heart
attacks, cardiac failure and arrest, respiratory failure and arrest, bacteremia and sepsis,
strokes, pulmonary embolism, severe lacerations, fractures (open and closed), severe asthma,
allergic reactions and diabetic ketoacidosis to name a few.
• Parking ratios:
• Building A -Wing 1 and Building B -Wing 2 is all shared parking at the office complex.
There is no reserved parking except for handicapped parking.
• Total existing parking spaces include 121 standard parking spaces and 8 handicapped
spaces for a total of 129 spaces. The original site plan approved a total of 124 spaces.
• Complete Emergency Care will occupy approximately 4,867 SF of the 20,500 SF of total
building area or approximately 24% of the condominium project. The complex currently
has adequate parking and we do not anticipate any parking problems with the addition of
this project.
Page 8
• Employee Parking will be provided on the southern end of the office project with parking
in front of the Emergency Room Clinic being utilized for patient parking.
• Initially CEC will have 15 FTE's not all working at the same time,
adding 5 more FTE's then staffing accordingly based on patient volume.
During slower periods of patient volume staff will be reduced accordingly.
The number of employees at the Emergency Clinic at any given time is a
total of 7, which include; an ER- physician, RN- nurse, Technician, and
Support staff.
• Patient Volume:
• Based on historical data from other Complete Emergency Care Clinics
typical patient visits occur at the following times Monday through Friday:
patients come to the clinic in minimal numbers between 7:00 to 9:00 AM,
there are minimal patients visits between 12:00 to 1:00 PM (lunch),
typically a greater number of visits occur between 3:30 to 5:30 PM, with
the highest volume of patient visits occurring between 6:00 to 8:00 PM.
There are minimal and very often no patient visits after 10:00 PM on any
night.
Page 9
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INVOICE
Star - Telegram Customer ID: CIT57
808 Throckmorton St. Invoice Number: 326306381
FORT WORTH, TX 76102
(817) 390 -7761 Invoice Date: 7/10/2013
Federal Tax ID 26- 2674582 Terms: Net due in 21 days
Due Date: 7/31/2013
Bill To:
CITY OF SOUTHLAKE RE EIVED PO Number: NO PO
1400 MAIN ST Order Number: 32630638
STE 440 7 Sales Rep: 073
SOUTHLAKE, TX 76092 -7604 Descri tion: PUBLIC HEARING
Cm OF SOUTHLAKE P
Attn: Attn: ACCOUNTS PAYABLE FINANCE DEPARTMENT Publication Date: 7/10/2013
PUBLIC HEARING NOTICE CITY OF I3580 1 133 133 LINE $1.20 $159.60
Net Amount: $159.60
RECEIVED
•
JUL 2 3 2013
OFFICE OF CITY SECRETARY
AP P, ;,', CHRISTY LYNNE HOLLAND
# ;�= Notary Public, State of Texas
My Commission Expires
'•.;, July 31, 2016
THE STATE OF TEXAS "
County of Tarrant
Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the attached clipping of an advertisement was publish in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
(817) 215 -2323
Signed . j e VV &_
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Thursday, July 11 0, . / /
Notary Public � 1 . ,� . J. _
Thank You For Your Payment
Remit To: Star - Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101 -2051 Invoice Number: 326306381
Invoice Amount: $159.60
PO Number: NO PO
Amount Enclosed: $
PUBLIC HEARING NOTICE
CITY OF SOUTHLAKE, TEXAS
Notice is hereby given to all inter-
ested persons that the City of
Southlake, Texas, will consider the
following - items in the Council
Chambers at Town Hall, 1400 Main
Street, Southlake, Texas for:
Zoning Board of Adjustment on
Thursday, July 25, 2013, at 6:30
p.m. will hold a public hearing and
consider:
• ZBA -645, Variance to Ordinance
No. 480, Section 33.14, requiring a
minimum lot size of one are for Legal Notices
the use of an on -site sewage facility 1
(OSSF) and a Variance to Ordinance Nei Residential District. SPIN h
No 480, Section 11.5(f) requiring g
a minimum lot area of forty three boyhood # 5._
thousand five hundred sixty •Ordinance No. 480 643 (ZA13- O60),'
(43,560) square feet. The request Zoning Change and Site Plan for 1
is being made by th applicant, Southlake Park Village on property • t.'
Kein i as Tracts 2A6 and 2A,
scrbed F. Obediah W K
sc S Abstract No. 1511, f No. 899, City of Southlake, Tarrant
City of Southlake, Tarrant County County, Texas; and located at 1001
Texas and located at 2008 and 2014 > E. Southlake Blvd. and 400 and 430
E. Highland St, Southlake, Texas. j IS. Carroll Ave, Southlake, Texas.
The current zoning is SF -1A - Single ! The current zoning is "S-P-2"
Family Residential. District. Generalized Site Plan District and
City Council on Tuesday, August 6, "AG" Agricultural District The
2013 at 5:30 p.m. will hold a public proposed zoning is "S -P -1" Detailed
hearing and consider: Site Plan District. SPIN Neighbor-
• ZA13 -062, Site Plan for Lot 8, Block (riood 44 9.
' 1, River Oaks Addition on property Ordinance No. 480 -644 (ZA13 -066),
` described as Lot 8, Block 1, River Zoning Change and Site Plan for
Oaks Addition, City of Southlake, Compete Emergency Care on
Tarrant County, Texas; and located property described as Lot 2R, Block
at 120 River Oaks Drive, Southlake, 1, Medical Villas at Tuscan Creek,
Texas. The current zoning is "S-P- City of Southlake, Tarrant County,
2" Generalized Site Plan District. Texas; and located at 321 W.
SPIN Neighborhood #11. Southlake Blvd., Southlake, Texas.
• Resolution No. 13 -030 (ZA13- 068), Current Zoning is "0 -1" Office
Specific Use Permit for a Mass District. The proposed zoning is "S
Gathering for Southlake Carroll P -1" Detailed Site Plan District.
Dragons Celebration -Paade & Be � Ordina i e No. 4 4k10
yond on property described as Grand • Ordinance No. 4 067), Zoning Change and 80 633a velop
Avenue District and Phase I of Oaks -
Southlake Town Square, City of ment Plan for Highland Oaks on
Southlake, Tarrant County, Texas; 8D01, 8003Sand ad as Tracts Tract
and generally located on the portion of Tract
northeast corner of Carroll Avenue 8C, Thomas M. Hood Survey,
and East Southlake Boulevard Abstract No. 706, City of Southlake,
Southlake Texas. The current Tarrant County, Texas and Lots 8,
zoning is 1 DT" Downtown. District. 9R1 and 10, T.M. Hood No. 706
SPIN Neighborhood ?4E8,` ' Addition, an addition to the City of
• ZA13 -065, Site PIO for Carroll Southlake, Tarrant County, Texas,
Pointe on property described as Lot and located at 200, 220, 280, 300,
1R, Greenway- Carroll Addition an 310, 320 and 340 W. Highland St.,
addition to the City of Southlake, Southlake, Texas. The current
Tarrant County, Texas located at zoning is "R-PUD" Residential
1201 E. State Highway 114, Planned Unit Development District.
Southlake, Texas. The current The proposed zoning is D PUD"
coning is "C -3 " General Commercial Residential Planned Unit Develop -
District. SPIN Neighborhood #8. ment District. SPIN Neighborhood
City Council on Tuesday, August 20, 4t 5.
2013 at 5:30 p.m. will hold a public All interested persons are urged to
bearing and consider: attend.
• Ordinance No. 480-641 (ZA13-043), City of Southlake
Zoning Change and Concept Plan Alicia Richardson, TRMC
for 1833 Our Lane on property being City Secretary
described as Tracts 2C11, 2C12 and
2013, W. Martin Survey, Abstract
No. 1068, City of Southlake, Tarrant
County, Texas and located at 1833,
1847 and 1851 Our Ln., Southlake,
TX. .The current zoning is "AG"
Agricultural District. The proposed
!`.zoning is "SF-11V Single Family
INVOICE
Star - Telegram Customer ID: CIT57
808 Throcicmorton St. Invoice Number: 326887911
FORT WORTH, TX 76102
(817) 390 -7761 Invoice Date: 8/23/2013
Federal Tax ID 26- 2674582 Terms: Net due in 21 days
RECEIVED Due Date: 8/31/2013
Bill To: _ PO Number: NO PO
CITY OF SOUTHLAKE , 6 ,9[71 0
1400 MAIN ST CITY OF Order Number: 32688791
STE 440 F n , :7 -r! Sales Rep: 073
SOUTHLAKE, TX 76092 -7604 jNn(l ` ~ NE
pt
EMIT Description: CITY OF SOUTHLA
Attn :Attn: ACCOUNTS PAYABLE Publication Date 8/23/2013
` CI ,. f� TEXAS :.
`'' • _ ORD1NATVCE NO 480 644 3 ' r @ 1 t s r l'''' ''
'AN ORDINANCE AMENDING oRDI- °�` E,.�- w.�-
NANCE NO. 480, AS AMENDED,
CITY OF THE COMPREHENSIVE ZONING DIN 13580 1 61 61 LINE $2.40 $146.40
ORDINANCE OF THE CITY OF
SOUTHLAKE, TEXAS; GRANTING A
ZONING CHANGE ON A CERTAIN ($78 2O)
Sales Dis TRACT OR TRACTS OF LAND
WITHIN THE CITY OF SOUTHLAKE,
TEXAS BEING LEGALLY DE-
M1SC Fee MEDICAL LOT A VILLAS LOCK Z AT BTUSCAN $5.00
CREEK, AN ADDITION TO THE CITY
OF SOUTHLAKE, TARRANT
COUNTY, TEXAS, ° BEING AP-
PROXIMATELY 3.047 ACRES, AND.
MORE FULLY f- 1
AND COMPLETELY RECEIVED Net Amount: $73.20
DESCRIBED N EXHIBIT "A" FROM ��� Y hIJ
"0 - OFFICE DISTRICT TO "S -P -1"
DETAILED SITE PLAN DISTRICT As
DEPICTED ON THE APPROVED SITE
PLAN ATTACHED HERETO AND ,, •
INCORPORATED• : HEREIN AS EX- p
HIBIT "B ", SUB3ECT ,TO THE S F 1 8 2013
SPECIFIC REQUIREMENTS CON-
TAINED IN THIS ORDINANCE;
CORRECTING THE OFFICIAL ZON-
ING MAP; PRESERVING ALL OTHER • •
PORTIONS OF THE ZONING OR- OFFICE OF CITY SECRETARY � ` ;i� rII % % %% CHRISTY LYNNE HOLLAND
DINANCE• DETERMINING THAT
THE PUBLIC INTEREST, MORALS *, °" Notary Public, State of Texas
AND GENERAL WELFARE DEMAND au• • My Commission Expires
THE ZONING CHANGES AND i V.A.' - oi < <; July 31, 2016
AMENDMENTS HEREIN MADE; 'y � + y
THE STi PROVIDING THAT THIS OR
NANCE SHALL BE CUMULATI ,I
County C OF ALL ORDINANCES; PROVIDI
A SEVERABILITY CLAUSE; Plfi
Before rr VIO VIOLATIONS HEREOF; F; PROVIDING FOR A PR FOR I County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for
the Star- A SAVINGS CLAUSE; PROVIDING • Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say
that the Fal L NEWSPAPER; A P TiDN TOP THPR D E oF OVIFI - -
pent was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM
CIA
(817) 21 the ny ING p EFFECTIVE DATE. �`
SC shall
Any personprovision, Frm s or of cor th p is ordi oration n aric2 vvho
violates , disobeysnot , omits more th nean �oglects Signed _
or refuses to comply with who 9 — —'�! •
resists the enforcement of any of
1 05, 2013.
SUB fined tE ME, THIS Thursday, S •te
Thousand Dollars ($2,000.00) .for a/
each offense. Each day that a EA /
violation is permitted to exist shall Notary Public / J _�� / . /� _
' ��
constitute a separate offense.
Passed and approved this the 2OTH
day of August, 2013 during ti .,_
regular City Council meeting.
Mayor: John Terrell
Attest: Traci Riggs, Deputy City
Than .1 3 t Y+„ - :, :lent
Remit To: Star - Telegram Customer ID: CIT57
P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101 -2051 Invoice Number: 326887911
Invoice Amount: $73.20
PO Number: NO PO
Amount Enclosed: 1