HomeMy WebLinkAboutOrdinance 5786Doc ID: 016373920003 Type: REL
Kind: ORDINANCE
Recorded: 08/03/2015 at 02:34:04 PM
Fee Amt: $25.00 gape 1 of 3
Washington County, AR
Kyle Sylvester Circuit Clerk
File20 15-0002 1545
ORDINANCE NO. 5786
AN ORDINANCE TO APPROVE VAC 15-5078 SUBMITTED BY CITY STAFF
FOR PROPERTY LOCATED EAST OF 4148 W. MARTIN LUTHER KING
BOULEVARD TO VACATE UNDEVELOPED STREET RIGHT-OF-WAY.
WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public
grounds or portions thereof which are not required for corporate purposes; and
WHEREAS, the City Council has determined that the following described portion of the street
right-of-way is not required for corporate purposes;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons
the following street right-of-way described in Exhibit `B" attached hereto and made a part thereof.
Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map
attached and labeled Exhibit "A" shall be filed in the office of the Recorder of the County and
recorded in the Deed Records of the County.
PASSED and APPROVED this 21St day of July, 2015.
APPROVED:
ATTEST:
By.
SONDRA E. SMITH, City Clerk Treasurer
.���.•• CITY0*+..1
yam•-v1�C1-'�1�AN
f���'�nrri t►'�.1�
15-5078
EXHIBIT 'A'
15-5078
EXHIBIT 'B'
DESCRIPTION OF 40' WIDE UNNAMED & UNDEVELOPED STREET R/W TO BE VACATED:
A FORTY FOOT (40') WIDE UNNAMED AND UNDEVELOPED STREET RIGHT-OF-WAY PER
HOLLANDS SUBDIVISION PLAT TO THE CITY OF FAYETTEVILLE, FILED AS PLAT BK. 1, PG. 230
WITH THE CIRCUIT CLERK, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT SIX (6), SAID HOLLANDS SUBDIVISION;
THENCE ALONG THE NORTHERLY LINE OF SAID SUBDIVISION SOUTH 87036'55" EAST 40.00
FEET TO THE NORTHWEST CORNER OF LOT SEVEN (7), SAID HOLLANDS SUBDIVISION;
THENCE SOUTH 02023'05" WEST 543.69 FEET TO THE NORTHERLY RIGHT-OF-WAY OF U.S.
HWY. SIXTY-TWO (62); THENCE ALONG SAID RIGHT-OF-WAY SOUTH 76105145" WEST 41.67
FEET TO THE EASTERLY LINE OF LOT THREE (3), SAID HOLLANDS SUBDIVISION; THENCE
LEAVING SAID NORTHERLY RIGHT-OF-WAY NORTH 02023'05" EAST 555.38 FEET TO THE POINT
OF BEGINNING, CONTAINING 21,981 SQUARE FEET, MORE OR LESS.
Washington County, AR
I certify this instrument was filed on
08/03/2015 02:34:04 PM
and recorded in Real Estate
File Number 2015-00021646
Kyle Sylvesierretcuit Clerk
by
City of Fayetteville, Arkansas 113 West Mountain Street
Fayetteville, AR 72701
(479) 575-8323
i' Text File
File Number: 2015-0305
Agenda Date: 7/21/2015 Version: 1 Status: Agenda Ready
In Control: City Council Meeting File Type: Ordinance
Agenda Number: D. 2
VAC 15-5078 (EAST OF 4148 W. MLK BLVD./HOLLANDS SUBDIVISION)
AN ORDINANCE TO APPROVE VAC 15-5078 SUBMITTED BY CITY STAFF FOR PROPERTY
LOCATED EAST OF 4148 W. MARTIN LUTHER KING BOULEVARD TO VACATE
UNDEVELOPED STREET RIGHT-OF-WAY
WHEREAS, the City Council has the authority under A.C.A. § 14-54-104 to vacate public grounds or
portions thereof which are not required for corporate purposes; and
WHEREAS, the City Council has determined that the following described portion of the street
right-of-way is not required for corporate purposes.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
FAYETTEVILLE, ARKANSAS:
Section 1: That the City Council of the City of Fayetteville, Arkansas hereby vacates and abandons the
following street right-of-way described in Exhibit "B" attached hereto and made a part thereof.
Section 2: That a copy of this Ordinance duly certified by the City Clerk along with the map attached
and labeled Exhibit "A" shall be filed in the office of the Recorder of the County and recorded in the
Deed Records of the County.
City of Fayetteville, Arkansas Page 1 Printed on 712012015
15-5078
EXHIBIT 'A'
15-5078
EXHIBIT 'B'
DESCRIPTION OF 40' WIDE UNNAMED & UNDEVELOPED STREET R/W TO BE VACATED:
A FORTY FOOT (40') WIDE UNNAMED AND UNDEVELOPED STREET RIGHT-OF-WAY PER
HOLLANDS SUBDIVISION PLAT TO THE CITY OF FAYETTEVILLE, FILED AS PLAT BK. 1, PG. 230
WITH THE CIRCUIT CLERK, WASHINGTON COUNTY, ARKANSAS, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTHEAST CORNER OF LOT SIX (6), SAID HOLLANDS SUBDIVISION;
THENCE ALONG THE NORTHERLY LINE OF SAID SUBDIVISION SOUTH 87°36'55" EAST 40.00
FEET TO THE NORTHWEST CORNER OF LOT SEVEN (7), SAID HOLLANDS SUBDIVISION;
THENCE SOUTH 02°23'05" WEST 543.69 FEET TO THE NORTHERLY RIGHT-OF-WAY OF U.S.
HWY. SIXTY-TWO (62); THENCE ALONG SAID RIGHT-OF-WAY SOUTH 76°05'45" WEST 41.67
FEET TO THE EASTERLY LINE OF LOT THREE (3), SAID HOLLANDS SUBDIVISION; THENCE
LEAVING SAID NORTHERLY RIGHT-OF-WAY NORTH 02°23'05" EAST 555.38 FEET TO THE POINT
OF BEGINNING, CONTAINING 21,981 SQUARE FEET, MORE OR LESS.
City of Fayetteville Staff Review Form
2015-0305
Jeremy Pate
Submitted By
Legistar File ID
7/21/2015
City Council Meeting Date - Agenda Item Only
N/A for Non -Agenda Item
6/26/2015 City Planning /
Development Services Department
Submitted Date Division / Department
Action Recommendation:
VAC 15-5078: Vacation (EAST OF 4148 W. MLK BLVD./HOLLANDS SUBDIVISION 595): Submitted by CITY STAFF for
property located EAST OF 4148 W. MLK BLVD. The property is zoned UT, URBAN THOROUGHFARE and contains
approximately 0.50 acres. The request is to vacate undeveloped street right-of-way.
Budget Impact:
Account Number Fund
Project Number Project Title
Budgeted Item? NA Current Budget $ -
Funds Obligated $ -
Current Balance
Does item have a cost? No Item Cost
Budget Adjustment Attached? NA Budget Adjustment
Remaining Budget I
V20140710
Previous Ordinance or Resolution #
Original Contract Number: Approval Date:
Comments:
CITY OF
Mei
a re e
ARKANSAS
MEETING OF JULY 21, 2015
TO: Fayetteville City Council
CITY COUNCIL AGENDA MEMO
FROM: Andrew Garner, City Planning Director
DATE: June 26, 2015
SUBJECT: VAC 15-5078: Vacation (EAST OF 4148 W. MLK BLVD./HOLLANDS
SUBDIVISION 595): Submitted by CITY STAFF for property located EAST
OF 4148 W. MLK BLVD. The property is zoned UT, URBAN
THOROUGHFARE and contains approximately 0.50 acres. The request is
to vacate undeveloped street right-of-way.
RECOMMENDATION:
Staff and the Planning Commission recommend approval of an ordinance to vacate unnamed and
undeveloped street right of way.
BACKGROUND:
The subject property is located at the southern terminus of the City's new South Rupple Road
extension project, just north of Martin Luther King Jr. Boulevard. There is an existing unnamed
and undeveloped right-of-way for the Holland's Subdivision in this vicinity. There are no utilities in
the right-of-way. The City is developing the new Rupple Road corridor and is requesting to vacate
this existing undeveloped right-of-way as the new road corridor will provide a north -south street
and utility connection through this area. The City Engineering Division is processing this right-of-
way vacation for property owners that are being directly affected by the Rupple Road project. The
request is for approval to vacate the unnamed and undeveloped right-of-way which has never
been utilized and is not needed for public use because of the future extension of Rupple Road
that will provide access to all of the affected properties.
The City has submitted the vacation forms to the utility departments and applicable franchise
utilities with all parties agreeing to vacate the right-of-way. However, AEP/SWEPCO has
requested to retain a utility easement in the area of the old right-of-way, even though they have
no utilities in the requested easement area. The City has an agreement with the franchise utilities
for them to be able to utilize right-of-way for extension of utilities. The subject area to be vacated
does not currently have any utilities and is not being utilized or maintained for utilities. A new right-
of-way approximately 100 feet wide will be dedicated in the immediate vicinity for the construction
of Rupple Road. As development occurs in the area new easements as required by the utility
providers will be dedicated by the developer.
DISCUSSION:
On June 22, 2015 the Planning Commission forwarded this item to the City Council with a
recommendation for approval by a vote of 9-0-0 on the consent agenda.
Mailing Address:
113 W. Mountain Street www.tayetteville-ar.gov
Fayetteville, AR 72701
BUDGET/STAFF IMPACT:
N/A
Attachments:
• Ordinance
• Exhibit A
■ Exhibit B
■ Planning Commission staff report
CITY OF
Pte-vlAANSAS
TO:
FROM:
MEETING DATE
PLANNING COMMISSION MEMO
Fayetteville Planning Commission
Andrew Garner, City Planning Director
June 22, 2015 Updated with Planning Commission results
SUBJECT: VAC 15-5078: Vacation (EAST OF 4148 W. MLK BLVD./HOLLANDS
SUBDIVISION 595): Submitted by CITY STAFF for property located EAST
OF 4148 W. MLK BLVD. The property is zoned UT, URBAN
THOROUGHARE and contains approximately 0.50 acres. The request is
to vacate undeveloped street right-of-way.
RECOMMENDATION:
Staff recommends forwarding VAC 15-5078 to the City Council with a recommendation for
approval.
BACKGROUND:
Background: The subject property is located at the southern terminus of the City's new South
Rupple Road extension project, just north of Martin Luther King Jr. Boulevard. There is an existing
unnamed and undeveloped right-of-way for the Holland's Subdivision in this vicinity. There are no
utilities in the right-of-way. The City is developing the new Rupple Road corridor and is requesting
to vacate this existing undeveloped right-of-way as the new road corridor will provide a north -
south street and utility connection through this area. The City is processing this right-of-way
vacation for property owners that are being directly affected by the Rupple Road project.
Surrounding land use and zoning is depicted on Table 1.
Table 1
Surrounding Land Use and Zoning
Direction from Site
Land Use
Zoning
North
Rural; agricultural
UT, Urban Thoroughfare
South
Ozark Mountain Smoke House; undeveloped
R -A, Residential Agricultural
East
Wooded; undeveloped
UT, Urban Thoroughfare
West
Wooded; undeveloped
UT, Urban Thoroughfare
Proposal: The applicant is requesting approval to vacate the unnamed and undeveloped right-of-
way which has never been utilized and is not needed for public use because of the future
extension of Rupple Road that will provide access to all of the affected properties.
Mailing Address:
113 W. Mountain Street www.fayetteville-ar.gov
Fayetteville, AR 72701
DISCUSSION:
Vacation Approval: pa
UTILITIES
Cox Communications
AEP/SWEPCO
Ozarks Electric
Source Gas
Prairie Grove Telephone Company
AT&T
RESPONSE
No objections
No objections with conditions
No objections
No objections
No objections
Not applicable (not their service area)
Ozarks Electric No objections
CITY OF FAYETTEVILLE RESPONSE
Water/Sewer No objections
Trash & Recycling No objections
Transportation Not applicable
Public Comment:
No public comment has been received.
Recommendation:
Staff recommends forwarding VAC 15-5078 to the City Council with a recommendation for
approval.
PLANNING COMMISSION ACTION
® Forwarded O Denied O Tabled
Date: June 22, 2015
Motion: Chesser
Second: Cook
Vote: 9-0-0
Notes:
BUDGET/STAFF IMPACT:
None
G:\ETC\Development Services Review\2015\Development Review\15-5078 VAC East of 4148W. MLK Blvd.
(Hollands SD ROW)\03 Planning Commission\06-22-2015\Comments and Redlines
Attachments:
■ Request letter
■ Petition to vacate
■ Survey of area to be vacated
■ Utility company comments
■ Right-of-way Vacation Exhibit
■ One Mile Map
■ Close Up Map
G:\ETC\Development Services Review\2015\Development Review\15-5078 VAC East of 4148W. MLK Blvd.
(Hollands SD ROW)A03 Planning Commission\08-22-2015\Comments and Redlines
t I '' t.
0
ee1e
ARKAA45A5
May 6, 2015
Development Services
City of Fayetteville
113 W. Mountain Street
72704
RE: Unnamed Street in Holland's Subdivision
Dear Sir(s),
We are requesting for the vacation of an unnamed street in Holland's Subdivision. The need for
the right-of-way will be unnecessary because the future extension of Rupple Road.
Sincere
af
r
aryl V oyaV,ps
Proles onlal Survy
City of Fayetteville, Arkansas
479.444.3418
ddovalafayetteviila-ar. pov
°aY.i.tyetCiiie zrcicv
Planning Commission
June 22, 2015
Agenda Item 5
15-5078 Hollands SD
Page 4 of 13
PETITION
PETITION TO VACATE A PORTION OF JAMES STREET RIGHT-OF-WAY LOCATED IN
FAYETTEVILLE, ARKANSAS.
TO: The Fayetteville City Planning Commission and
The Fayetteville City Council
We, the undersigned, being all the owners of the real estate abutting the unnamed, undeveloped right-of-way
hereinafter sought to be abandoned and vacated, lying in City of Fayetteville, Arkansas, a municipal corporation,
petition to vacate a street right-of-way which is described as follows:
DESCRIPTION OF 40' WIDE UNNAMED & UNDEVELOPED STREET RJW TO BE VACATED;
A FORTY FOOT(40') WIDE UNNAMED AND UNDEVELOPED STREET RIGHT' -OF -WAY PER HOLLANDS
SUBDIVISION PLAT TO CITY OF' FAYETTEVILLE, FILED AS PLAT BK. I, PG. 230 WITHTI1E CIRCUIT'
CLERK, WASHINGTON COUNTY, ARKANSAS, BEING MORE PAR'T'ICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE NORTIIEAS'I' CORNER OF LOT SIX (6), SAID IOLLANDS SUBDIVISION; THENCE
ALONG THE NORTHERLY LINE OF SAID SUBDIVISION SOUTH 87°36'55" EAST 40.00 FEET TO TIIE
NORTHWEST CORNER OF LOT SEVEN (7), SAID HOLLANDS SUBDIVISION; THENCE SOUTH 02°23'05" WEST'
543.69 FEET TO THE NORTHERLY RIGHT-OF-WAY OF U.S. HWY. SIXTY-TWO (62); THENCE ALONG SAID
RIGHT-OF-WAY SOUTH 76°05'45" WEST 41.67 FEET TO THE EASTERLY LINE OF LOT THREE (3), SAID
HOLLANDS SUBDIVISION;'1'HENCE LEAVING SAID NORTHERLY RIGHT-OF-WAY NORTH 02°23'05" EAST
555.38 FEET TO THE POINT OF BEGINNING, CONTAINING 21,981 SQUARE FEET, MORE OR LESS.
That the abutting real estate affected by said abandonment of the unnamed, undeveloped street right of way of
the unnamed street are parcel number 765-29594-000which are owned by the applicant Dudeck Land Company
LLC.
The petitioner(s) pray that the City of Faycttcville, Arkansas, abandon and vacate the above described real estate,
subject, however, to the existing utility easements and sewer easements as required, and that the above described
real estate be used For their respective benefit and purpose as now approved by law.
The petitioners further pray that the above described real estate by vested in the abutting property owners as
provided by law.
WI-IEREFORE, the undersigned petitioners respectfully pray that the governing body of the Cily of Fayetteville,
Arkansas, abandon and vacate the above described real estate, subject to said utility and sewer easements, and
that title to said real estate sought to be abandoned be vested in the abutting property owners as provided by law,
and as to that particular land the owners be free from the easements of the public for the use of said alley.
Dated this day of _ -_ , 20
Printed tila i,_•
< I r
Planning Commission
June 22, 2015
Agenda Item 5
15-5078 Hollands SD
Page 5 of 13
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Plannng Commission
June 22, 2015
Agenda Item 5
15-5078 Hollands SD
Page 6 of 13
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE May 6. 2015
UTILITY COMPANY: AEP/SWEPCO
AI'PI.ICANT NAME: Daryl DOyal _ AI'I'LICANT PHONE: -479-444-3418
REQUESTED VACATION (applicant muse check all char apply):
X Utility Easement
Right-of-way for alley of streets and all utility easements located within the vacated right- of- way.
Alley
X Street right-of-way
I have been notified of the petition to vacate the fotlo�%ing (alley, easement, right-of-way), described as follo�%s
General location / Address _ . Hollands Subdivision part of the E 1/2 NW 1/4 SE 1/4 S 24, T 16 N, R 30 W
lying north of Ht( 62 (MLK Jr. BLVD) opposite Smoke House Trail
X (ATTACH legal description and graphic represenealion of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS.
No objections to the vocation(s) described above, and no comments
No objections to Ilie vacatton(s) described above, provided following described casements arc retained
(State the location, dimensions, and purpose below
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No objections provided the following cotidnions are net --
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S'.' Utility COnlpSny ~
�.n•i���r'ccr
Planning Commission
June 22, 2015
Agenda Item 5
15-5078 Hollands SD
Page 7 of 13
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Planning Commission
June 22, 2015
Agenda Item 5
15-5078 Hollands SD
Page 8 of 13
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: May 6, 2015
UTILITY COMPANY: Cox Communications
APPLICANT NAME: Daryl Doyaly APPLICANT PHONE: 479344-3418
REQUESTED VACATION (applicant must check all that apply):
X Utility Easement
Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
Alley
X Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location / Address Hollands Subdivision part of the E 112 NW 1/4 SE 1/4 S 24, T 16 N, R30 W
lying north of HWY 62 (MLK Jr. BLVD) opposite Smoke House Trail
Ix (ATTACH legal description and graphic representation of what is being vacated -SURVEY)
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above, and no comments.
No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
X Na objections provided the following conditions are met:
Atiy dattta' e to or rclocullons of our exis(in facilities will he at the owners/developers eacptnse.
T5igSature of Utility Company Representative
Title
August 20/4
Page 5
Planning Commission
June 22, 2015
Agenda Item 5
15-5078 Hollands SD
Page 9 of 13
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MGR OSP Ping & Engrg Design
Planning Commission
June 22. 2015
Agenda Item 5
15.5078 Hollands 517
Page 10 of 13
UTILITY APPROVAL FORM
FOR RIGHT- OF- WAY, ALLEY, AND
UTILITY EASEMENT VACATIONS
DATE: May6, 2015
UTILITY COMPANY: Water and Sewer
APPLICANT NAME: Daryl Doyal APPLICANT PHONE: 479-444-3418
REQUESTED VACATION (applicant must check 21l that apply):
x Utility Easement
Right-of-way for alley or streets and all utility easements located within the vacated right- of- way.
Alley
X Street right-of-way
I have been notified of the petition to vacate the following (alley, easement, right-of-way), described as follows:
General location / Address Hollands Subdivision part of the E 1/2 NW 1/4 SE 1/4 S 24, T 16 N, R 30 W
lying north of HWY 62 (MLK Jr. BLVD) opposite Smoke House Trail
IN (ATTACA legal description and graphic representation of what is being vacated-S(JRVEY)
UTILITY COMPANY COMMENTS:
No objections to the vacation(s) described above, and no comments.
No objections to the vacation(s) described above, provided following described easements are retained.
(State the location, dimensions, and purpose below.)
WATF9 I $EWL.)JJE5 KEMhid iW 11/E 2 'Wry
D �Dic- s i P 15,45c M( r1
No objections provided the following conditions are met:
Signature of I. iility Company Representative
DIP- 0 GT11. 211,MA 1
Title
August 20/4
Pogc 5
Planning Commission
June 22, 2015
Agenda Item 5
15-5078 Hollands SD
Page 11 of 13
VACS 5-5078
One Mile View
0'
ALBERTA ST
SON ST
B ST
NEA
A.
U /
�1y. Et•.t
OL❑ FARMINGTON RDRALST
i �2
GLE gT a 4 � f,�G
rERRy v4i r ETLI 1
HOLLANDS S/D
c•-2
Its -7
EZSi�, Legend
WOLFDALE RD aced -Use Paved Trail
❑ J •
Nelghborh
SCU
,'•E Na la urface Trail
Overview Legend Hills e -Hilltop Overlay District
` • Desi n Overlay District
Subject Property L .. _:
;
Boundary _ _ _ Planing Area
r" Fay tteville
0 0.25 0.5 1
IVI les Planning Cv missevn
un 2 201.
Agenda Item 5
15-5078 Hollands SD
Page 12 of 13
15-5078 Hollands SD
Page 13 of 13
P.O. BOX 1607. FAYETTEVILLE, AR, 72702 - 479-442-1700 • FAX: 479-695-1118 - WWW,NWADG.COM
RECEIVED
AFFIDAVIT OF PUBLICATION
I, Cathy Wiles, do solemnly swear that I am the Legal Clerk of the
Northwest Arkansas Democrat Gazette, printed and published in
Washington and Benton County, Arkansas, and of bona fide circulation,
that from my own personal knowledge and reference to the files
of said publication, the advertisement of:
CITY OF FAYETTEVILLE
Ord. 5786
Was inserted in the Northwest Arkansas Democrat
Gazette on:
July 30, 2015
Publication Charges: $ 77.82
r
n i
Cathy Wiles v
Subscribed and sworn to before me
This day of iiv5 , 2015.
Notary Public
My Commission Expires:
**NOTE**
Please do not pay from
ASHLEY DAVIS
Arkansas - Washington County
Notary Public - Comm# 12694247
My Commission Expires Jul 2, 2025
-..!II L- ---a
AUG 10201(
CITY OF FAir r1 &F
CITY' CLERKPflfl
ARKANSAS
11DEVELOPEDSTREET RIGHT,-.''
the City Council has the authority under A.C.A.§ 1454-104 to
e grounds or portions thereof which are not required for corporate
td
the City Council has determined that the following described por-
reet right-of-way is not required for corporate purposes:
CANSAS
iI of the City of Fayetteville, Arkansas hereby';
)wing street right-of-way described in Exhibit
a Dart thereof.
PROVED this 21st day of July, 2015
ATTEST
By
4Nt Mayor SONDRA E SMITH, City Clerk Treasurer
durance may viewed in the office of the City Clerk Treasurer.