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HomeMy WebLinkAbout1969-03-17 Minutes394 minutes of the regular meeting on Monday, March 3, 1969, a copy of which had previously been mailed each of the Directors, were approved as written. Air. Albert Jones presented the petition of Charles D. and Ruth McNeal to rezone certain property located on the South side of Lawson Street between Oakland and Leverett Avenue from R-2, Two Family Residential District, to R-3, Multi -Family Residential District, which had been approved by the Planning Commission. The City Attorney introduced and, at the request of the Mawr, read a proposed ordinance in its entirety for the first time entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND REVISED ZONING DISTRIC' MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 28, 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM R-21 TWO FAMILY RESIDENTIAL DISTRICT, TO R-3, MULTI -FAMILY RESIDENTIAL DISTRICT." Director Dunn moved that the rule be suspended and that the Ordinance be placed on second reading. The motion was seconded by Director Starr and passed unanimously. The Ordinance was then read for the second time. Director Dunn moved that the rule be further suspended and that the Ordinance be placed on third and fina: reading. The motion was seconded by Director Starr and passed unanimously. The Ordinance was then read for the third and last time. The Mayor then declared the Ordinance open for discussion. After a brief discussion, the Mayor asked the Ordinance question, "Shall the Ordinance pass?" No. 1658 Upon roll call the following vote was recorded: "Ave" Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. "Nay" none. There being six "Ayes" and no "Nays", the Mayor declared the Ordinance passed. ORDINANCE NO. 1658 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE) APPROVED MAY 28, 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM R-2, TWO FAMILY RESIDENTIAL TO R-3, MULTI -FAMILY RESIDENTIAL DISTRICT. WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville, Ark- ansas, on February 25, 1969, on the petition of Charles D. and Ruth McNeal, requesting that said Planning Commission recommend to the Board of Directors of the City of Fayetteville, Arkansas, that the Board of Directors enact an ordinance rezoning the following described property, presently zoned R-2, Two Family Residential District, to R-3, Multi -Family Residential District, to -wit: Part of the West 1/2 of the Northwest 1/4 of Section 9, Township 16 North, Range 30 West of 5th PM. Beginning at a point which is 1,310 feet North and 310 feet West of the Southeast corner of said tract and running North 210 feet, West 110 feet, South 210 feet, and East 110 feet. WHEREAS, notice of said public hearing, setting forth the date, time, place and Purposes of said hearing and location of the property was published in the Northwest Arkansas Times, a newspaper of ge circulation in said City, more than 15 days prior to said public hearing, and WHEREAS, following said public hearing, said Planning Commission certified, to the Board of Directors of the City of Fayetteville, its recommendation that an ordinance be adopted rezoning the above-described property, presently zoned R-2, Two Family Residential District to R-3, Multi -Family Residential District. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the above-described property, which is presently zoned R-2, Two Family Residential District, be and the same is hereby rezoned to R-3, Multi -Family Residential District. SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed, and this ordinance shall be in full force and effect from and after its passage, approval and publication PASSED AND APPROVED THIS 17th day of March, 1969. APPROVED: C/. �G! Ap" 1/�iCG C. G. MELTON, JR71 MAYOR ATTEST: A� °s MARrLYN '.GORE, CITY CLERK Mr. Albert Jones presented the petition of Leo P. Peel to rezone certain nronerty located at Spruce Stree and Gregg Avenue from R -IB, Single Family Residential District, to R-2, Two Family Residential District, which had been approved by the Planning Commission. The•City Attorney introduced and, at the request of the Mayor, read a proposed ordinance in its entirety for the first time entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE N0. 1239, AND REVISED DISTRICT MAP OF FAYETTEVILLE) ARKANSAS, APPROVED MAY 28, 1962) AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM R-lB, SINGLE FAMILY RESIDENTIAL DISTRICT, TO R-25 TWO FAMILY RESIDENTIAL DISTRICT." Director Starr moved that the rule be suspended and that the Ordinance be placed on second reading. The motion was seconded by Director Dunn and passed unanimously. The Ordinance was then read for the second time. Director Starr moved that the rule be further suspended and that the Ordinance be placed on third and final reading. The motion was seconded by Director Dunn,and passed unanimously. The Ordinance was then read for the third and last time. The Mayor then declared the Ordinance open for discussion. There being no discussion, the Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye" Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. "NavO none. There being six "Ayes" and no "Nays", the Mavor declared the Ordinance passed. 1 1 The Board of Directors of the City of Fayetteville, Arkansas, met in regular session on Monday, March 17, Re lar 1969, in the Directors Room in the City Administration Building at 7:30 p.m. Meeting Present: City Manager Wesley M. Howe, City Controller Albert J. Jones, City Clerk Marilyn Moore, City 3-17-69 Attorney Richard Wells, and Directors Swartz, McFerran, Melton, Lancaster, Starr and Dunn. Absent at roll call: Director Gerald Jones. Representatives of the press were also present, minutes of the regular meeting on Monday, March 3, 1969, a copy of which had previously been mailed each of the Directors, were approved as written. Air. Albert Jones presented the petition of Charles D. and Ruth McNeal to rezone certain property located on the South side of Lawson Street between Oakland and Leverett Avenue from R-2, Two Family Residential District, to R-3, Multi -Family Residential District, which had been approved by the Planning Commission. The City Attorney introduced and, at the request of the Mawr, read a proposed ordinance in its entirety for the first time entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND REVISED ZONING DISTRIC' MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 28, 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM R-21 TWO FAMILY RESIDENTIAL DISTRICT, TO R-3, MULTI -FAMILY RESIDENTIAL DISTRICT." Director Dunn moved that the rule be suspended and that the Ordinance be placed on second reading. The motion was seconded by Director Starr and passed unanimously. The Ordinance was then read for the second time. Director Dunn moved that the rule be further suspended and that the Ordinance be placed on third and fina: reading. The motion was seconded by Director Starr and passed unanimously. The Ordinance was then read for the third and last time. The Mayor then declared the Ordinance open for discussion. After a brief discussion, the Mayor asked the Ordinance question, "Shall the Ordinance pass?" No. 1658 Upon roll call the following vote was recorded: "Ave" Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. "Nay" none. There being six "Ayes" and no "Nays", the Mayor declared the Ordinance passed. ORDINANCE NO. 1658 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND REVISED ZONING DISTRICT MAP OF FAYETTEVILLE) APPROVED MAY 28, 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM R-2, TWO FAMILY RESIDENTIAL TO R-3, MULTI -FAMILY RESIDENTIAL DISTRICT. WHEREAS, a public hearing was held before the Planning Commission of the City of Fayetteville, Ark- ansas, on February 25, 1969, on the petition of Charles D. and Ruth McNeal, requesting that said Planning Commission recommend to the Board of Directors of the City of Fayetteville, Arkansas, that the Board of Directors enact an ordinance rezoning the following described property, presently zoned R-2, Two Family Residential District, to R-3, Multi -Family Residential District, to -wit: Part of the West 1/2 of the Northwest 1/4 of Section 9, Township 16 North, Range 30 West of 5th PM. Beginning at a point which is 1,310 feet North and 310 feet West of the Southeast corner of said tract and running North 210 feet, West 110 feet, South 210 feet, and East 110 feet. WHEREAS, notice of said public hearing, setting forth the date, time, place and Purposes of said hearing and location of the property was published in the Northwest Arkansas Times, a newspaper of ge circulation in said City, more than 15 days prior to said public hearing, and WHEREAS, following said public hearing, said Planning Commission certified, to the Board of Directors of the City of Fayetteville, its recommendation that an ordinance be adopted rezoning the above-described property, presently zoned R-2, Two Family Residential District to R-3, Multi -Family Residential District. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the above-described property, which is presently zoned R-2, Two Family Residential District, be and the same is hereby rezoned to R-3, Multi -Family Residential District. SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed, and this ordinance shall be in full force and effect from and after its passage, approval and publication PASSED AND APPROVED THIS 17th day of March, 1969. APPROVED: C/. �G! Ap" 1/�iCG C. G. MELTON, JR71 MAYOR ATTEST: A� °s MARrLYN '.GORE, CITY CLERK Mr. Albert Jones presented the petition of Leo P. Peel to rezone certain nronerty located at Spruce Stree and Gregg Avenue from R -IB, Single Family Residential District, to R-2, Two Family Residential District, which had been approved by the Planning Commission. The•City Attorney introduced and, at the request of the Mayor, read a proposed ordinance in its entirety for the first time entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE N0. 1239, AND REVISED DISTRICT MAP OF FAYETTEVILLE) ARKANSAS, APPROVED MAY 28, 1962) AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM R-lB, SINGLE FAMILY RESIDENTIAL DISTRICT, TO R-25 TWO FAMILY RESIDENTIAL DISTRICT." Director Starr moved that the rule be suspended and that the Ordinance be placed on second reading. The motion was seconded by Director Dunn and passed unanimously. The Ordinance was then read for the second time. Director Starr moved that the rule be further suspended and that the Ordinance be placed on third and final reading. The motion was seconded by Director Dunn,and passed unanimously. The Ordinance was then read for the third and last time. The Mayor then declared the Ordinance open for discussion. There being no discussion, the Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye" Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. "NavO none. There being six "Ayes" and no "Nays", the Mavor declared the Ordinance passed. 1 1 395 Ordinance ORDINANCE N0, 1659 No. 1659 AN ORDINANCE AMENDING ZONING ORDINANCE N0, 1239, AND REVISED DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 289 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM R -1B, SINGLE FAMILY RESIDENTIAL DISTRICT, TO R-21 TWO FAMILY RESIDENTIAL DISTRICT. WHEREAS, a public hearing was held.before the Planning Commission of the City of Fayetteville, Arkansas, on February 25, 1969, on the petition of Leo P. Peel, requesting that said Planning Commission recommend to the Board of Directors of the City of Fayetteville, Arkansas, that the Board of Directors enact an ordinance rezoning the following described property, presently zoned R -1B, Single Family Resi- dential District, to R-2, Two Family Residential District, to -wit: Part of Lot numbered Two Seamster Place, an addition to the City of Fayetteville, Arkansas, more particularly described as follows, to -wit: Beginning at a point 10 feet South and 119.81 feet East of the Northwest corner of the Southwest Quarter of the Northwest Quarter of the Northeast Quarter of Section Nine (9) in Township Sixteen (16) North, Range Thirtv (30) West. Thence South 89 degrees 28 minutes East 540.19; thence South 0 degrees 12 minutes West 320 feet; thence North 89 degrees 28 minutes West 290 feet; thence South 0 degrees 12 minutes West 80 feet; thence North 89 degrees 28 minutes West 178.4 feet; thence North 0 degrees 12 minutes East 159 feet; thence North 89 degrees 28 minutes West 127.7 feet to the East line of Gregg Avenue thence Northerly along the East line of Gregg Avenue 243 feet more or less to the point of beginning, containing 4.32 acres, more or less. MATO WHEREAS, notice of said public hearing, setting forth the date, time, place and purposes of said hearing and location of the property was published in the Northwest Arkansas Times, a newspaper of general circulation in said City, more than 15 days prior to said public hearing, and WHEREAS, following said public hearing, said Planning Commission certified to the Board of Director: of the Cite of'Fayetteville, its recommendation that an ordinance be adopted rezoning the above -describe( property, presently zoned R -1B, Single Family Residential District, to R-2, Two Family Residential Distr: ' NOW, THEREFORE) BE IT ORDAINED BY THE BOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: SECTION 1. That the above-described property, which is presently zoned R -1B, Single Family Resi- dential District, he and the same is hereby rezoned to R-2, Two Family Residential District. SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed, and this ordinance shall he.in full force and effect from and after its passage, approval and publicatio( PASSED AND APPROVED this 17th day of March, 1969. APPROVED: ci- C. G.wMELTONj R., MAYOR ATTEST: � n�./i.Rl �2na� . MA L MOORE, 'CITY CLERK Mr. Albert Jones presented the petition of W. D. and Flossie Drake to rezone certain property located on Wyman Road from A-1, Annexed Territory District, to R-2, Two Family Residential District, which had been approved by the Planning Commission. The City Attorney introduced, and at the request of the Mayor, read a proposed ordinance in its entirety for the first time entitled, "AN ORDINANCE AMENDING ZONING ORDINANCE NO. 1239, AND REVISED DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 28, 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM A-11 ANNEXED TERRITORY DISTRICT, TO R-2, 17.00 FAMILY RESIDENTIAL ZONE." Director Lancaster moved that the rule be suspended and that the Ordinance be placed on second reading. The motion was seconded by Director Swartz and passed unanimously. The Ordinance was then read for the second time. Director Lancaster moved that the rule be further suspended and that the Ordinance be placed on third and final reading. The motion was seconded by Director Swartz and passed unanimously. The Ordinance was then read for the third and last time. The Mayor then declared the Ordinance open for discussion. There being no discussion, the Mayor asked the question, "Shall the Ordinance pass?" Upon roll call the following vote was recorded: "Aye" Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. Ordinance !!Nay" none. No. 1660 There being six "Ayes" and no "Nays", the Mayor declared the Ordinance passed. ORDINANCE NO. 1660 AN ORDINANCE AMENDING ZONING ORDINANCE 140. 1239, AND REVISED DISTRICT MAP OF FAYETTEVILLE, ARKANSAS, APPROVED MAY 283 1962, AS AMENDED, TO REZONE CERTAIN REAL ESTATE FROM A-1, ANNEXED TERRITORY DISTRICT, TO R-21 TWO FAMILY RESIDENTIAL ZONE. WHEREAS,. a public hearing was held before the Planning Commission of the City of Fayetteville, Arkansas, on February 25, 1969, on the petition of W. D. and Flossie Drake, requesting that said Planning Commission recommend to the Board of Directors of the City of Fayetteville, Arkansas, that the Board of Directors enact an ordinance rezoning the following described property, presently zoned A-1, Annexed Territory District, to R-2, Two Family Residential Zone, to -wit: The East half (E 1/2) of the Northwest Quarter (NW 1/4) of the Southwest Quarter (SW 1/4) of Section Thirteen (13) in Township Sixteen (16),North, Range Thirty (30) West, and being described on the Dlat and subdivision of the W. E. Anderson Farm as Lots 7 and 8, less and except the following, to -wit: Beginning at the Southeast corner of said 20 acre tract, thence running West 100 feet, thence North 435 1/2 feet, thence East 100 feet, thence South 435 1/2 feet to the place of beginning, containing 1 acre, more or less, and containing in all 19 acres, more or less. WHEREAS, notice of said public hearing, setting forth the date, time, place and purposes of said hearing and location of the property was published in the Northwest Arkansas Times, a newspaper of gen- eral circulation in said city, more than 15 days prior to said public hearing, and WHEREAS, following said public hearing, said Planning Commission certified to the Board of Director of the City of Fayetteville, its recommendation that an ordinance be adopted rezoning the above -describe property, presently zoned A-1, Annexed Territory District to R-2, Two Family Residential Zone. NOW) -THEREFORE, BE IT ORDAINED BY THE FOARD OF DIRECTORS OF THE CITY OF FAYETTEVILLE, ARKANSAS: r396 SECTION 1. That the above-described property, which is presently zoned A-1, Annexed Territory District, be and the same is hereby rezoned to R-2, Two Family Residential Zone. SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed, and this ordinance shall be in full force and effect from and after its passage, approval and publica PASSED AND APPROVED this 17th dap of March, 1969. ATTEST: )A,,L ) MAKLYN.Ai00RE, CITY CLERK Director Gerald Jones entered at this time. APPROVED: C. G. MELTON, JR., MAYOR Planning Consultant James A. Vizzier presented his report of the Highway 71 Bypass area to the Board of 71 Directors. It consisted of a map of existing land use, a map showing soil conditions, a map of proposed Report land use, and a proposed ordinance for controlling access along the bypass. No further action was taken at this time. The request of the Fayetteville Public Library for funds was presented to the Board of Directors. It ry unanimously agreed by the Board of Directors that City Manager Howe and City Controller Jones should Request study the city's financial condition and make a report to the Board. No further action was taken at t time. ensed City Controller Jones presented condensed financial statements from the 1968 Audit Renort which is on racial file with the County Clerk and the City Clerk. ements Director McFerran moved that the condensed financial statements be published in the newspaper. The motion was seconded by Director Jones,and upon roll call the following vote was recorded: "Aye" Jones, Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. "Nay" none. There being seven "Ayes" and no "Nays", the Mayor declared the motion passed. Appreciation Director Dunn moved that the Board of Directors express their ap_nreci.ation to Mr. -Albert J. Jones for To Act. City serving as Acting City Manager. Manager Jones The motion was seconded by Director Swartz and passed unanimously. Mr. Albert Jones reported that authority to advertise for bids on the Elkins 'nater Purchase Contract to Autt-ority to be received in Elkins on March 25, 1969, was needed. Advertise for Director Jones moved to grant the necessary authority for the advertisement of bids on the Elkins Con - Bids Application. He wished .to convey:thanks'and, tract. Elkins Water The motion was seconded by Director Swartz, and upon roll call the following vote was recorded: "Aye" Contrack P. Starr and Mr. Evan Brott for outstanding fork done Jones, Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. on this operation. The letter is as follows: Jones, "Na v11 none. There being seven "Ayes" and no "Nays", the Mayor declared the motion nassed. Authoritv to A report requesting the purchase of an additional Dump Truck for use at the Pollution Control Plant was Advertise for presented to the Board of Directors. The Superintendent of the Pollution Control Plant has used one of Bids the larger street department trucks and based on performance recommends the purchase of a 45000 G.V.W. DumTruck p truck with an 8 to 10 cubic yard dump bed. Estimated cost of the truck and bed is $11,500. Director Starr moved that the City Manager be, and he is, hereby authorized for bids, stating the speci- ' - fications, on a dump truck for use at the Pollution Control Plant. March 12, 1969 The motion was seconded by Director Swartz, and upon roll call the following vote was recorded: "Aye" Jones, Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. "Nay" none. There being seven "Ayes" and no "Naps", the Mayor declared the motion passed. Mr. Albert Jones reported that in 1968 two fixed base operator contracts were prepared as authorized by Ray Ellis the Board for specific land areas at the airport. Ray Ellis, Inc. lease agreement has not been signed Contract nor returned to the City. Rather than, grant an extension, it is recommended that the contract be tabled Tabled until later in the year when the license agreement betureen the City and Raymond J. Ellis, Fayetteville Flying Service comes un for renewal. The operations could then be considered as a whole and incorporate in one contract. Director Jones moved to table the contract between the City and Ray Ellis, Fayetteville Flying Service, until the license agreement comes up for renewal. Director Lancaster seconded the motion, and upon roll call the following vote was recorded: "Aye"Jones, Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. "Nay" none. There being seven "Ayes" and no "Nags", the Mayor declared the motion passed. ensed City Controller Jones presented condensed financial statements from the 1968 Audit Renort which is on racial file with the County Clerk and the City Clerk. ements Director McFerran moved that the condensed financial statements be published in the newspaper. The motion was seconded by Director Jones,and upon roll call the following vote was recorded: "Aye" Jones, Swartz, McFerran, Melton, Lancaster, Starr, and Dunn. "Nay" none. There being seven "Ayes" and no "Nays", the Mayor declared the motion passed. Appreciation Director Dunn moved that the Board of Directors express their ap_nreci.ation to Mr. -Albert J. Jones for To Act. City serving as Acting City Manager. Manager Jones The motion was seconded by Director Swartz and passed unanimously. City of Fayetteville Board of Directors Dr. Garland Melton, Jr., Mayor 230 North Block Fayetteville, Arkansas Gentlemen: I have just reviewed the progress of the Cite of Fayetteville,Water Billing Application which was con- verted to a computer about nine months ago. I feel you might be interested to know that, in our opinion Fayetteville has one of the most un -to -date crater billing systems which should allow you many years. growth without major modifications to this system. We have compared this to a number of cities, includ- ing Dallas, Little Rock, and Garland, Texas, and honesty- feel as though 7rour system is much more com- prehensive than any of theirs. C i•avor Melton reported that he had received -a letter from Systematics, Incorporated concerning the pro- s erratics, gress of the.City of Fayetteville Water Billing Application. He wished .to convey:thanks'and, appreciation to Mr. Albert -&.•Jones,, N Mr. C. P. Starr and Mr. Evan Brott for outstanding fork done rgciation on this operation. The letter is as follows: Jones, Starr Brott Systematics, Sncorriorated ' - March 12, 1969 City of Fayetteville Board of Directors Dr. Garland Melton, Jr., Mayor 230 North Block Fayetteville, Arkansas Gentlemen: I have just reviewed the progress of the Cite of Fayetteville,Water Billing Application which was con- verted to a computer about nine months ago. I feel you might be interested to know that, in our opinion Fayetteville has one of the most un -to -date crater billing systems which should allow you many years. growth without major modifications to this system. We have compared this to a number of cities, includ- ing Dallas, Little Rock, and Garland, Texas, and honesty- feel as though 7rour system is much more com- prehensive than any of theirs. C 39'71 great deal of the credit for this operation goes to Mir. Albert Jones, Mr. Dick Starr, Mr. Evan Brott. ring the conversion and for a number of months thereafter, these gentlemen i•orked many hours beyond at could normally be expected of them and I could like for you to know the high regard our organization .s for these gentlemen. iI honestly think Fayetteville has something for which you can he ver..- proud and which, over the next five years, will prove to be one of the best economic investments Fayetteville has ever made. Sincerely pours, Walter Smiley President /njb c: Jon Pool Don Mitchell Al Jones There being no further business, Director McFerran moved to adjourn. The motion was seconded by Director Adjourn Lancaster and passed unanimously, whereupon the Mayor declared the meeting adjourned. yJ�/ APPROVED: _ �/�^ C. G. MEL 0. , JR., MAYOP. ATTEST: Z,,, �� _l 1 I \ 9A"Q MA ILYffi 00RE, CITY CLERK