LL 02 Notification of Highway Sidewalk Defects '(Please Use this Form for Filing your,Local Law with the Secretary of State)
y
Text of law should be giver_ as amended. Do not use brackets for matter to be eliminated and do not
use italics f or new matter.
t M 4
�yM of....Queensbury. . . . . . ...................:
Town
.. .. .. .. .. .......... ..
Ta1#IX
Local Law No. .............. ......................................... of the year 19 ...77...
A local law ..prov.iding for, written„.notif icati.Qn..,of...de.f.eq.t.9....nd...Qb.Struatlons
(Insert title)
on Town Highways and sidewalks in the Town of Queensbury
f
Be it enacted by the .............Town Board of the
.............................................................................................................................
(Name of Legislative Body)
tk)(M
kkomof....................Queensbury............................................................................................................. as follows:
Town
MAW
Section 1. No civil action shall be maintained -against the Town of Queensbury
therinafter referred to as tithe Town" or the Town Superintendent of Highways
of the Town, or against any improvement district in the Town for damages or
injuries to person or property (including those arising from the operation
of snowmobiles" sustained by reason of any .highway, bridge, culvert, highway
marking, sign or device, or any other property owned, operated or maintained
by the Town or any property owned, operated or maintained by any improvement
district therein, being defective, out of repair, unsafe, dangerous or
obstructed unless written notice of such defective, unsafe; dangerous or
obstructed condition of such highway, bridge, culvert, highway marking, sign
or device, or any other property owned, operated or maintained by the Town,
or any property owned, operated or maintained by any improvement district,
was actually given to the Town Clerk of the Town or the Town Superintendent
of Highways of the Town, and that there was a failure or neglect within a
reasonable time after the giving of such notice to repair or remove the defect,
danger or obstruction complained of and no such action shall be maintained for
damages or injuries to persons or property sustained solely in consequence
of the existence of snow or ice upon any highway, bridge, culvert or any
other property owned by the Town or any property owned by any improvement
district in the Town unless written notice thereof, specifying the particular
place, was actually given to the Town Clerk of the Town or the Town Superin-
tendent of Highways of the Town and there was a failure or neglect to cause
such snow or ice to be removed or to make the place otherwise reasonably
safe within a reasonable time after the receipt of such notice.
Section 2. No civil action will be maintained against the Town and/or the
Town Superintendent of Highways of the Town for damages or injuries to person
or property sustained by reason of any defect in the sidewalks -or the Town or
in consequence of the existence of snow or ice upon any of its sidewalks, unle�
such sidewalks have been constructed or are maintained by the Town or the
Superintendent of Highways of the Town pursuant to statute, nor shall any
action be maintained for damages or injuries to person or property sustained
by reason of such defect or in consequence of such existence of snow or ice
unless written notice thereof, specifying the particular place, was actually
(CONTINUED ON ATTACHED SHEET)
g (If additional space is needed, please attach sheets of the same size as this and number each)'"
1
: given to the Town Clerk of the Town or to the Town Superintendent
�, of Highways of the Town and there was a failure or neglect to
, cause such defect to be remedied, such snow or ice to be removed,
iIor to make the place otherwise reasonably safe within a reasonable
;; time after the receipt of such notice.
;; Section 3. The Town Superintendent of Highways of the Town shall
;' transmit, in writing, to the Town Clerk of the Town within five (5)
'; days after receipt thereof, all written notices received by him
; pursuant to this law, and he shall take any and all corrective ac-
; tion with respect thereto as soon as practicable.
, Section 4. The Town Clerk of the Town shall keep an index record,
s± in a separate book, of all written notices which the Town Clerk
;: shall receive of the existence of a defective, unsafe, dangerous
or obstructed condition in or upon, or of an accumulation of ice
and snow upon any Town highway, bridge, culvert or a sidewalk,
or any other property owned by the Town, or by any improvement
; district, which record shall state the date of the receipt of the
;: notice, the nature and location of the condition stated to exist,
il
land the name and address of the person from whom the notice is
'ireceived. The record of such notice shall be preserved for a per-
` iod of five (5) years from the date it is received. The Town Clerk,
, upon receipt of such written notice, shall immediately, and in
,, writing, notify the Town Superintendent of Highways of the Town of
:; the receipt of such notice.
; Section 5. Nothing contained in this Local Law shall be held to
; repeal or modify or waive any, existing requirement or statute of
s° limitations which is applicable to these causes of action, but on
the contrary, shall be held to be additional requirements to the
` rights to maintain such action, nor shall anything herein contained
` be held to modify any existing rule of law relative to the question
of contributory negligence, nor to impose upon the Town, its
officers and employees and/or any of its improvement districts,
. any greater duty or obligations than that it shall keep its streets,
sidewalks and public places in a reasonably safe condition for
public use and travel.
, Section 6. If any clause , sentence, phrase, paragraph, or any part
of this Local Law, shall for any reason be adjudged finally by a
court of competent jurisdiction to be invalid, such judgment shall
not affect, impair or invalidate the remainder of this .Local Law
`,but shall be confined in its operation and effect to the clause,
;' sentence, phrase, paragraph or part thereof directly involved in
' the controversy or action in which such judgment shall havd been
; rendered. It is hereby declared to be the legislative intent that
°:the remainder of this section would have been adopted had any
, provisions not been included.
`I�Section 7. This Local Law shall supersede in its application to
the Town of Queensbury Subdivisions 1 and 3 of Section 65-a of the
'Town Law and shall also supersede, in their entirety, all sections
of Ordinance No. 42 of the Town of Queensbury entitled "Ordinance
�.to Require Prior Notice of a Claimed Defect as a Condition Prece-
dent to a Liability of the Town of Queensbury" , which Ordinance
,:was enacted in 1975.
Section 8 . This Local Law shall effect immediately upon its filing
' in the office of the Secretary of State in accordance with the
!provisions of Section 27 of the Municipal Home Rule Law.
-2-
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the
matte& therein which is not applicable.) •- -
1. (FfnaI adoption by local legislojive-body only.)
I hereby certify that the local law annexed hereto,designated as local law No. ...2............of 19.77..
of the of.......Queensburv.. was duly passed by the ..........T.m.?...",oarcl
Town ..............................................
To (Name of Legislative Body)
on........L,busust.... ................. 19.77.. in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,*
or repassage after disapproval.)
I hereby certify that the local law annexed hereto,designated as local law No. ....................of 19........
County
ofthe City of......................................was duly passed by the ..................................................................................
Town (Name of Legislative Body)
Village
not disapproved
on..................................................19-...... and was approved by the .......................................................
repassed after disapproval Elective Chief Executive Officer *
and was deemed duly adopted on........................................................19........ , in accordance with the applicable
provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. .................. of 19..........
County
ofthe City of......................................was duly passed by the......................................................................................
Town
(Name of Legislative Body)
Village not disapproved
on...................................................19........ and was approved by the...............................................................
repassed after disapproval Elective Chief executive Officer*
on......................................................................19......... Such local law was submitted to the people by reason of a
mandatory permissive referendum,and received the affirmative vote of a majority of the qualified electors voting
general
thereon at the special election held On......................................................19........ , in accordance with the appli-
annual
cable provisions of law.
4. (Subject to permissive referendum,and final adoption because no valid petition filed requesting
referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. .................. of 19..........
County
ofthe City of...................................... was duly passed by the................................................................................
Town
Village (Name of Legislative Body)
not disapproved
...............................................I...... 19........ and was approved by the .........................................................on
repassed after disapproval Elective Chief Executive Officer*
..•...........................................................19........ . Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted on
.••................................................................... 19......... in accordance with the applicable provisions of law.
'Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis
or, if there be none, the chairman of the county legislative body,the mayor of a city or village or the supervisor of a town,
where such officer is vested with power to approve or veto local laws or ordinances.
5. (Cit)•local haw concerning Charter re°.ision proposed by petition.)
I herebyc:eiuf. t,ia th,_ I& a: Ia%ti ;n�xedlieieto, design atedaslocal lawNo. .......r.............af 19........
of the City of.................. ............ ..... ................................. h.i�:n,-- ':)een submitted to referendum pursuant-to the
provisions of § 3z of tut ',;unicipal 1;.,ic:e Rule Law,and 'Laving received the affirmative vote of a majority
of the qualified electors of such city -noting thereon at the specialgeneral election held on ..................................
................ 19............became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as Local Law No. ......of 19...... of the
County of ......................................... State of New York, having been submitted to the Electors at the
General Election of November ........... 19 ........... pursuant to subdivisions 5 and 7 of Section 33 of the Muni-
cipal Home Rule Lativ,and having received the affirmative vote of a majority of the qualified electors of the
cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate
certification.)
p" I further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph ...........1............... above.
Clerk of the County legislative body,City,Town or Village Clerk or
officer designated by local legislative body
Date: A u?u s t 10, 1977
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney
or other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF .....1.Tarren..............................
I, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
E
i
( Signature
r.01%7 ;. COU ST'r.. . . . . . . . . . . . . . . . . .
Title
f}V c-v S ably( t Y 7 7
Date: Ul of OueensI),iry
Town
V=91e,
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• SBNDER- youritem 1.2,and 3.
Add addrm in the XITUEN To"spoor on
reserve.
!C 1. 1fdlowing service is requested(check one)'
ff Show to whom and date delivered .. .25t
p Show to whom,dame,&address of delivery .....450
o 0 RESTRCTED DELIVERY.
Show to whom and dame delivered............85E
0 RESTRICTED DELIMY.
Show to whom,dace,and address of delivery .41.05
(Fees shown are in addition to postage charges and ocher
fees).-,
:. AMOME
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8. AR17 1 oN. ' Cal
REGISTERED No. CERMED NO. 4;S jk6-NO�`rf
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se SIGNATU 0 Add RE Auth d agent
4.
—ADAAWLT E�f 1r1977
CS. ADC$ES,�1ComPft oft R.pity
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RETURN
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p ` (Street. or 1 o. 13
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(City, Stat4, and ZIP T�iiN
-----------------------------
X SENDER: Complete items 1.2.and 3.
a Add Your addles is the 'RETURN ETURN TO" »on
a:vene.
I. following service is requested(check ale).
Show to whom and date delivered ............254
(� Show to whom,date,&address of delivery .....45E
m RESTRICTED DELIVERY.
Show to whom and dace delivered ............850
RESTRICTED DELIVERY.
Show to whom,date,and address of delivery ..$1.05
(Fees shown are in addition to postage charges and other
fees).11
2. ARTICLE ADDRESSED TO:
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(Always ebbM signiftre of addrafw or agwo
I have received the article dewn'bed above.
SIGNATURE ❑ Addr Authorized agent
xCJLELI POSTMARK
zp D ESS (ComplsN only if-quested)
6. UNABLE TO DELIVER BECAUSE: CLERK'S
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UNITED STATES POSTAL SERVICE
OFFICIAL BUSINESS
SENDER INSTRUCTIONS ► MLTY FOR PRIVATE
USE TO AVOID PAYMENT
Print,your news,addrses,and ZIP Cale in the spsa below. OF POSTAK, $300
• Complete items 1, 2 and 3 on the rewws.
• MNsten gummed saris and aI' A to front of aRkls
If sPoee permits. Odwwiss affix to back of article.
• Endorse article "Return Recelpt It"vostod" adis•
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RETURN
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Gw rs._-Uw6.J �u'ga. t�S
(street or . Box)
(City, stag, a))rf Z1i' cua(T
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P . 01/01
TRANSACTION REPORT
DEC/ 19/2008/FRI 01 : 06 PM
FAX ( TX)
# DATE START T. RECEIVER COM.TIME PAGE TYPE/NOTE FILE
001 DEC/19 01: 05PM 18458958824 1 0: 01 : 21 5 1 OK SG3 0185
FAX TRANSMITTAL SHEET
TOWN OF QUEENSBURY
TOWN CLERKIRECEr ER OF TAXES
742 BAD' ROAD
QUEENSBURY, NEW YORK 12804
PHONE NUMBER.: 518-761-8234
FAX NUMBER: 518-745-4474
SENT BY: TOWN CLERK
RECEIVER OF TAXES
DATE: 2008
DELIVER TO:
FAX NUMBER:
TOTAL PAGES:
COMMENTS:
FAX TRANSMITTAL SHEET
TOWN OF QUEENSBURY
TOWN CLERK/RECEIVER OF TAXES
742 BAY ROAD
QUEENSBURY, NEW YORK 12804
PHONE NUMBER: 518-761-8234
FAX NUMBER: 518-745-4474
SENT BY: TOWN CLERK
RECEIVER OF TAXES
DATE: e / 2008
DELIVER TO: .
FAX NUMBER: 1 2 41
TOTAL PAGES:
COMMENTS:
(Please Use this Form for Filing your Local Law with the Secretary of State)
Text of law should be givep as amended. Do not use brackets for matter to be eliminated and do not
use italics f or new matter.
UM4
= of....Q.ueensbury. . . .
Town
.. .. .. .. .. .........................................................................................................
ywgx
Local Law No. .............. ......................................... of the year 19 ...77
A local law ..prgKi.d.ng.._for.._written...n.otif cati.R.n....Qf...clef.e.ct.5....and...Ak.s.truCtz.ms
(Insert title)
on Town Highways and sidewalks in the Town of Queensbury
V
Be it enacted by the .............Town. ...Board. .. of the
.. ... .. ........... .................................................................................................
(Name of Legislative Body)
tkxm
ktsxof....................Queensbury............................................................................................................. as follows:
Town
,�5flAx
Section 1. No civil action shall be maintained against the Town of Queensbur,
therinafter referred to as "the Town" or the Town Superintendent of Highways
of the Town, or against any improvement district in the Town for damages or
injuries to person or property (including those arising from the operation
of snowmobiles" sustained by reason of any .highway, bridge, culvert, highway
marking, sign or device, or any other property owned, operated or maintained
by the Town or any property owned, operated or maintained by any improvement
district therein, being defective, out of repair, unsafe, dangerous or
obstructed unless written notice of such defective, unsafe; dangerous or
obstructed condition of such highway, bridge, culvert, highway marking , sign
or device, or any other property owned, operated or maintained by the Town ,
or any property owned, operated or maintained by any improvement district,
was actually given to the Town Clerk of the Town or the Town Superintendent
of Highways of the Town, and that there was a failure or neglect within a
reasonable time after the giving of such notice to repair or remove the defec-
danger or obstruction complained of and no such action shall be maintained fo:
damages or injuries to persons or property sustained solely in consequence
of the existence of snow or ice upon any highway, bridge, culvert or any
other property owned by the Town or any property owned by any improvement
district in the Town unless written notice thereof, specifying the particular
place, was actually given to the Town Clerk of the Town or the Town Superin-
tendent of Highways of the Town and there was a failure or neglect to cause
such snow or ice to be removed or to make the place otherwise reasonably
safe within a reasonable time after the receipt of such notice.
Section 2. No civil action will be maintained against the Town and/or the
Town Superintendent of Highways of the Town for damages or injuries to person
or property sustained by reason of any defect in the sidewalks -or the Town or
in consequence of the existence of snow or ice upon any of its sidewalks, unl,
such sidewalks have been constructed or are maintained by the Town or the
Superintendent of Highways of the Town pursuant to statute, nor shall any
action be maintained for damages or injuries to person or property sustained
by reason of such defect or in consequence of such existence of snow or ice
unless written notice thereof, specifying the particular place, was actually
(CONTINUED ON ATTACHED SHEET)
VW(If additional space is needed, please attach sheets of the same size as this and number each)
..__ .._ .... s.v vv•♦ vuNct.Li l l.cll 1.1 C l I
of Highways of the Town and there was a failure or neglect to
cause such defect to be remedied, such snow or ice to be remcved,
ijor to make the place otherwise reasonably safe within a reasonable
, time after the receipt of such notice.
;,' Section 3. The Town Superintendent of Highways of the Town shall
;' transmit, in writing, to the Town Clerk of the Town within five ( 5)
; days after receipt thereof, all written notices received by him
; pursuant to this law, and he shall take any and all corrective ac-
, tion with respect thereto as soon as practicable.
V
Section 4. The Town Clerk of the Town shall keep an index record,
+ in a separate book, of all written notices which the Town Clerk
shall receive of the existence of a defective, unsafe, dangerous
or obstructed condition in or upon, or of an accumulation of ice
, and snow upon any Town highway, bridge, culvert or a sidewalk,
or any other property owned by the Town, or by any improvement
district, which record shall state the date of the receipt of the
notice, the nature and location of the condition stated to exist,
and the name and address of the person from whom the notice is
; received. The record of such notice shall be preserved for a per-
" iod of five (5) years from the date it is received. The Town Clerk,
upon receipt of such written notice, shall immediately, and in
writing , notify the Town Superintendent of Highways of the Town of
, the receipt of such notice.
; Section 5. Nothing contained in this Local Law shall be held to
repeal or modify or waive any existing requirement or statute of
; limitations which is applicable to these causes of action, but on
the contrary , shall be held to be additional requirements to the
rights to maintain such action, nor shall anything herein contained
, be held to modify any existing rule of law relative to the question
of contributory negligence, nor to impose upon the Town, its
officers and employees and/or any of its improvement districts ,
any greater duty or obligations than that it shall keep its streets ,
sidewalks and public places in a reasonably safe condition for
public use and travel.
Section 6 . If any clause , sentence, phrase, paragraph, or any part
of this Local Law, shall for any reason be adjudged finally by a
court of competent jurisdiction to be invalid, such judgment shall
not affect,, impair or invalidate the remainder of this .Local Law
but shall be confined in its operation and effect to the clause,
;' sentence, phrase, paragraph or part thereof directly involved in
the controversy or action in which such judgment shall have been
rendered. It is hereby declared to be the legislative intent that
the remainder of this section would have been adopted had any
provisions not been included.
'Section 7. This Local Law shall supersede in its application to
, the Town of Queensbury Subdivisions 1 and 3 of Section 65-a of the
!Town Law and shall also supersede, in their entirety, all sections
of ordinance No. 42 of the Town of Queensbury entitled "Ordinance
to Require Prior Notice of a Claimed Defect as a Condition Prece-
dent to a Liability of the Town of Queensbury" , which ordinance
was enacted in 1975.
Section 8 . This Local Law shall effect immediately upon its filing
in the office of the Secretary of State in accordance with the
provisions of Section 27 of the Municipal Home Rule Law.
(Complete the certification in the paragraph which applies to the filing of this local law and strike out the
matter therein which is not applicable.)
1. (Final adoption by local legislative body only.)
I hereby certify that the local law annexed hereto,designated as local law No. ............of 19.........
:05WHy
of the JzitT of.......Queansbury.. was duly passed by the .........TnrTn Board
. . . .... ......................................................
Town (Name of Legislative Body)
m111WA
on........Aur-rust....07................. 19.77.. in accordance with the applicable provisions of law.
2. (Passage by local legislative body with approval or no disapproval by Elective Chief Executive Officer,*
or repassage after disapproval.)
I hereby certify that the local law annexed hereto,designated as local law No. ....................of 19........
County
of the City .........was duly passed by the ..................................gisl..........ody)..........................
Town of.............................
(Name of Legislative Body)
Village
not disapproved
on..................................................19........ and was approved by the .......................................................
repassed after disapproval Elective Chief Executive Officer *
and was deemed duly adopted on........................................................19........ , in accordance with the applicable
provisions of law.
3. (Final adoption by referendum.)
I hereby certify that the local law annexed hereto, designated as local law No. .................. of 19..........
County
of the City of......................................was duly passed by the.................... . . ...........................................................
Town (Name of Legislative Body)
Village not disapproved
on...................................................19........ and was approved by the...............................................................
repassed after disapproval Elective Chief executive Officer*
on......................................................................19......... Such local law was submitted to the people by reason of a
mandatory
permissive referendum,and received the affirmative vote of a majority of the qualified electors voting
general
thereon at the special election held on......................................................19........ , in accordance with the appli-
annual
cable provisions of law.
4. (Subject to permissive referendum ,and final adoption because no valid petition filed requesting
referendum.)
I hereby certify that the local law annexed hereto,designated as local law No. .................. of 19..........
County
of the City of...................................... was duly passed by the................................................................................on
Town (Name of Legislative Body)
Village not disapproved
...................................................... 19........ and was approved by the .........................................................on
repassed after disapproval Elective Chief Executive Officer*
..............................................................19........ . Such local law being subject to a permissive referendum and no
valid petition requesting such referendum having been filed, said local law was deemed duly adopted on
...................................................................... 19......... in accordance with the applicable provisions of law.
*Elective Chief Executive Officer means or includes the chief executive officer of a county elected on a county-wide basis
or, if there be none, the chairman of the county legislative body,the mayor of a city or village or the supervisor of a town,
where such officer is vested with power to approve or veto local laws or ordinances.
5. (City:local law concer::ing Charter re ision proposed by petition.)
I Ltreby ce,-'if' r":a, th,_ 10, c:; ,.i.; .':int:xe:d hereto, de.�ignatedaslocal lawNo. .................... o ........
of the City of.................. ............ ..... .... ........................... :)een submitted to referendum pursuant to the
provisions of § 37 of a ';unicipal P,._-r:e Rule Law,ar,d .aving received the affirmative vote of a majority
of the qualified electors of such city -voting thereon at the s ecialgeneral election held on ..................................
................ 19 ............ became operative.
6. (County local law concerning adoption of Charter.)
I hereby certify that the local law annexed hereto, designated as Local Law No. ...... of 19...... of the
County of ......................................... State of New York, having been submitted to the Electors at the
General Election of November ........... 19 ........... pursuant to subdivisions 5 and 7 of Section 33 of the Muni-
cipal Home Rule Law,and having received the affirmative vote of a majority of the qualified electors of the
cities of said county as a unit and of a majority of the qualified electors of the towns of said county
considered as a unit voting at said general election, became operative.
(If any other authorized form of final adoption has been followed, please provide an appropriate
certification,)
§` I further certify that I have compared the preceding local law with the original on file in this office
and that the same is a correct transcript therefrom and of the whole of such original local law, and was
finally adopted in the manner indicated in paragraph ........... ............... above.
Clerk of the County legislative body,City,Town or Village Clerk or
officer designated by local legislative body
Date: Aug ist 10, 1977
(Seal)
(Certification to be executed by County Attorney, Corporation Counsel, Town Attorney, Village Attorney
or other authorized Attorney of locality.)
STATE OF NEW YORK
COUNTY OF......`..1.arren..............................
1, the undersigned, hereby certify that the foregoing local law contains the correct text and that all
proper proceedings have been had or taken for the enactment of the local law annexed hereto.
Signature
TCTT" "011:7S 7T
Title
Date: f}V c-cl S ( �� 9 7 7 Cliiinly
City of...........nueensl-,izs.'.........................
Town
�a��e