Ordinance 644CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
ORDINANCE NO. 644
AN ORDINANCE AMENDING CHAPTER 9, FIRE PREVENTION AND PROTECTION,
AND CHAPTER 18, SUBDIVISIONS, OF THE CHANHASSEN CITY CODE
THE CITY COUNCIL OF THE CITY OF CHANHASSEN ORDAINS:
Section 1. Chapter 9 of the Chanhassen City Code is amended to provide as follows:
Chapter 9 — Fire Prevention and Protection
ARTICLE 1. — FIRE CODE
Sec. 9-1. — Compliance.
Any person violating any provision of this chapter or of any other code or standards adopted in this
chapter, or any order made pursuant thereto shall be guilty of a misdemeanor.
Sec. 9-2. — Interpretation.
Whenever any part of this article conflicts with the Minnesota State Building Code or the Minnesota
State Fire Code, the most restrictive standard shall prevail.
Sec. 9-3. — Technical Standards — Adopted.
The Minnesota State Fire Code and accompanying optional appendices B, C, and E through L,
established pursuant to M.S. 29917.011, is hereby adopted as the fire code for the City of Chanhassen.
The Code is hereby incorporated in this section as if fully set out herein. The ordinance codified in
this section shall perpetually include the most current edition of the Minnesota State Fire Code
including Appendices B, C, and E through L.
Sec. 9-4. — Appeals.
Whenever the fire marshal shall disapprove or refuse to grant a permit, or issue an order or notice as
provided in the Minnesota State Fire Code or this chapter, or when it is claimed that the Minnesota
Fire Code or this chapter has been wrongly applied or interpreted, the aggrieved person may appeal
the decision of the fire marshal as provided in this section.
1. The aggrieved person must first request that the fire marshal reconsider his decision. The
request to reconsider must be made within 10 days of the fire marshal's initial decision.
2. The fire marshal will consult with the State Fire Marshal's office for an opinion before
rendering a final decision.
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3. A person aggrieved by the final decision of the fire marshal may appeal the decision to the
City Council. The appeal to the City Council must be made within 30 days from the date of
the fire marshal's final decision.
Sec. 9-5. — 9-20. — Reserved.
ARTICLE II. — RECREATIONAL FIRES
Sec. 9-21. — Recreational Fire- Defined.
A recreational fire is an outdoor fire burning materials other than rubbish where the fuel being burned
is not contained in an incinerator, outdoor fireplace, portable outdoor fireplace, barbeque grill or
barbeque pit for pleasure, religious, ceremonial, cooking warmth or similar purposes. Fires used for
debris disposal purposes are not considered recreation fires.
Sec. 9-22. — Permitted.
Recreation fires are permitted without a permit within the City of Chanhassen subject to following
requirements:
1. The material to be burned must be limited to a pile no larger than three feet in diameter and
three feet high.
2. Burn only clean burning unpainted and untreated wood. Note: Coal or charcoal may be
burned.
3. All fire rings or pits must be located a minimum of twenty-five (25) feet away from any
structures or combustibles, such as houses, garages, sheds, wood piles and wooden fences.
The fire pit or ring must be present and made of a non-combustible material such as brick or
metal designed to withstand direct heat. Manufactured portable fire pits also fall under this
rule.
4. A fire extinguisher or garden hose shall be readily available for use at recreation fires.
5. Recreational fires shall be constantly attended by a responsible adult knowledgeable in the
use of fire extinguishing equipment required by these requirements. An attendant shall
supervise a recreation fire until such fire has been extinguished.
6. Any officer of the Chanhassen Fire Department, Minnesota DNR, or Carver County Deputy
Sheriff is authorized to require that recreational fires be immediately discontinued if such fires
are determined to constitute a hazardous condition or violation the City of Chanhassen's
nuisance ordinance.
7. Recreation fires are not allowed if a total burning ban is in effect.
8. Wind speed and gusts can be no greater than 10 MPH when smoke may create a nuisance for
nearby neighbors.
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9. The prevailing winds must be away from nearby occupied buildings.
10. The use of flammable or combustible liquid accelerants is not permitted.
11. Recreational fires are not permitted on commercial or industrial sites, or sites with
construction activities.
12. Open burning of lumber, pallets, wooden shingles, scrap wood, brush, tree trimmings, leaves,
straw, hay, yard waste, cardboard, paper, garbage, and other similar items, is not permitted,
except as regulated by Chapter 9 Article III.- Permitted Burns, and could result in a fine and/or
Fire Department costs.
Sec. 9-23. — 9-30. — Reserved.
ARTICLE III. — PERMITTED BURNS
Sec. 9-3 1. — Permit Required.
No person shall burn a pile of material larger than three feet in diameter and three feet high without a
burn permit issued by the City of Chanhassen.
Sec. 9-32. — Eligible Properties.
Burn permits for residents will only be issued, subject to the requirements of this article, for properties
in rural portions of the city. Burn permits for the purpose of prairie grass restoration conducted by a
licensed and Minnesota DNR-approved contractor are allowed in all areas of the city. The figure
below indicates which areas of the city are classified as rural, urban, or suburban for determining burn
permit eligibility.
Sec. 9-33. — Application for Permit.
To apply for a burn permit an applicant must:
1. Submit an application on the form provided by the city to the Fire Chief or Fire Marshal.
2. Provide a nonrefundable fee, which shall be imposed in accordance with the fee schedule
established by the City Council.
3. If conducting a prairie grass burn larger than one-half an acre, the applicant must first apply
for and receive a permit from the Minnesota DNR. The applicant must provide a copy of the
Minnesota DNR permit when applying for a local burning permit.
Sec. 9-34. — Criteria for Approval.
Burn permits shall only be issued if the following criteria are met:
1. The applicant has not violated the conditions of a pervious burn permit.
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2. The proposed burn site is on a property shown as eligible to receive a burn permit in Section
9-32.
3. The proposed burn site is at least 250 feet from any building.
4. There is not a practical alternative method for disposal of the materials such as hauling off -
site, chipping, or composting.
Sec. 9-35. — Conditions.
The city may place conditions on any aspect of the burn as deemed necessary to prevent the creation
of hazardous conditions or nuisances. All burn permits issued under this article are subject to the
following conditions:
1. The fire must be kept under control and the applicant must to assume all responsibility for all
damages and costs that may result from burning done under this permit.
2. The fire must be attended at all times until completely extinguished.
3. Fires will not be allowed to smolder without flame.
4. A clean burning device must be used to start fire.
5. No burning may be conducted during any air quality alert.
6. Burning may only be conducted when prevailing winds are blowing away from occupied
buildings and when wind speeds do not exceed 10 mph.
7. Paper, cardboard, oils, rubber, plastics, tires, and chemically treated materials such as railroad
ties, treated lumber, composite shingles, tar paper, composition board, sheetrock, wiring, paint
and hazardous and industrial solid waste may not be burnt.
8. The permit must be present and available at the burn site for inspection.
9. The fire must be extinguished immediately if the permit is revoked.
Sec. 9-36. —Revocation.
A burn permit issued under this article may be revoked by the Fire Chief or their designee if it is
determined after an inspection by city staff that the permit holder is in violation of or has violated
conditions placed upon the burn permit, or that a burn has been conducted in such a manner as to
constitute a public nuisance.
Section 2. Section 18-57(b) of the Chanhassen City Code is amended to read as follows:
(b) Street right-of-way widths shall be consistent with the comprehensive plan and official
map, and shall conform to county and state standards for trunk highways. If no such plans
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or standards are applicable, right-of-way and pavement widths shall not be less than the
following:
............
Right -of-
_.............. ... .
( Roadway/
Street
Way
Pavement
Classifications
Widths
I Width
(feet)
(feet)
Minor arterial
100
36
Collector
80
36
Local street (rural residential)
60
24
Local street (urban residential)
60
31
Local street (commercial/industrial)
60
36
Cul-de-sac, turnaround radius (urban/residential)
60
48
Cul-de-sac, turnaround radius (rural residential) ......... . ........
60
... _.
40
Cul-de-sac, turnaround radius (commercial/industrial)
60
48
Private Street serving residential development with a density of less
30
20
than 4 units per acre
Private Street serving residential development with a density equal to
40
24
or greater than 4 units per acre
Private Street serving commercial, office, office industrial or mixed-
40
26
use development
Section 3. Section 18-57(k) of the Chanhassen City Code is amended to read as follows:
(k) The length of the cul-de-sac shall be measured from the intersection of the cul-de-sac and
street's centerlines to the center point of the cul-de-sac turnaround radius (see diagram
below). The maximum length of a street terminating in a cul-de-sac shall be 750 feet.
La rter pc in ct
turnb cmf radius
X
I
I
wLIL
hteseehm d centrYles
5
2031'73v1
Section 4. Section 18-57(o)(1) of the Chanhassen City Code is amended to read as
follows:
(1) The prevailing development pattern makes it unfeasible or inappropriate to
construct a public street. In making this determination the city may consider the
location of existing property lines and homes, local or geographic conditions and
the existence of wetlands.
Section 5. Section 18-57(p)(1) of the Chanhassen City Code is amended to read as
follows:
(1) The common sections of a private street serving two units or more in a
development with a density of less than four units per acre must be built to a
seven -ton design, paved to a width of 20 feet, utilize a maximum grade of ten
percent, and provide a turnaround area acceptable to the fire marshal based upon
guidelines provided by applicable Fire Codes. Private streets serving residential
developments with a density equal to or greater than four units per acre shall be
built to a seven -ton design, paved a minimum width of 24 feet, utilize a maximum
grade of ten percent, and provide a turnaround acceptable to the fire marshal
based on applicable Fire Codes. Private streets serving commercial, office, office
industrial or mixed -use development shall be built to a nine -ton design, paved a
minimum width of 26 feet, utilize a maximum grade of ten percent, and provide a
turnaround area acceptable to the fire marshal based on guidelines provided by
applicable Fire Codes. Private streets serving a residential component only, within
a mixed -use development may be built to a seven -ton design, paved a minimum
width of 24 feet, utilize a maximum grade of ten percent, and provide a
turnaround that meets the requirements of section 18-57(u). Plans for the street
shall be submitted to the city engineer. Upon completion of the private street, the
applicant shall submit a set of "as -built" plans signed by a registered civil
engineer.
Section 6. The Chanhassen City Code is amended by adding Section 18-57(u) to read as
follows:
(u) Fire Apparatus Access Roads
(1) General
Scope: Fire Apparatus Access Roads shall be in accordance with this
section. Alterations to any requirement in this section require a variance
from City Council.
(2) Required Access
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i. Access and loading: Facilities, buildings or portions of buildings hereafter
constructed shall be accessible to fire department apparatus by way of
an approved Fire Apparatus Access Road with an asphalt, concrete or
other approved driving surface capable of supporting the imposed load of
fire apparatus weighing at least 75,000 pounds (34,050 kg).
(3) Minimum Specifications
i. Access road width with a hydrant: Where a fire hydrant is located on a
Fire Apparatus Access Road, the minimum road width shall be 26 feet
(7,925 mm), exclusive of shoulders (see diagram below).
DEAD END FIRE APPARATUS ACCESS ROAD TURNAROUND
96'
28' R
TYR
26'
96-FOOT DIAMETER
CUL-DE-SAC
60-FOOT'Y"
60' _ 60,
20'
28' R
TYR
26' r
120-FOOT HAMMERHEAD
20'
26'
20'
20'
MINIMUM CLEARANCE
AROUND A FIRE
HYDRANT
28' R
TYR
70'
20 ,
20'
ACCEPTABLE ALTERNATIVE
TO 120-FOOT HAMMERHEAD
Note: 60-foot "Y" and 120-foot Hammerhead configurations are only permitted for private
streets.
For SI: 1 foot = 304.8 mm.
ii. Grade: Fire Apparatus Access Roads shall not exceed 10 percent in grade.
Exception: Grades steeper than 10 percent as approved by the fire chief.
iii. Turning radius: The minimum turning radius shall be determined by
the Fire Code official.
iv. Dead-end: Dead-end Fire Apparatus Access Road in excess of 150 feet
(45,720 mm) shall be provided with width and turnaround provisions in
accordance with the table below.
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Table: REQUIREMENTS FOR DEAD END FIRE APPARATUS ACCESS ROADS
LENGTH
WIDTH
TURNAROUNDS REQUIRED
(feet)
(feet)
0-150
20
None required
120-foot Hammerhead, 60-foot "Y" or 96-foot diameter cul-de-sac* in
151-500
20
accordance with Section 18-57(u)(3)(i)
120-foot Hammerhead, 60-foot "Y" or 96-foot diameter cul-de-sac* in
501-750
26
accordance with Section 18-57(u)(3)(i)
Over 750
Requires Variance from City Council
*Temporary cul-de-sacs may be constructed with a 90-foot diameter, as specified in Section 18-5 /(t).
Note: 60-foot "Y" and 120-foot Hammerhead configurations are only permitted for private
streets.
V. Fire Apparatus Access Road Gates: Gates securing the Fire Apparatus
Access Roads shall comply with all of the following criteria:
The minimum gate width shall be 20 feet (6096 mm).
2. Gates shall be of the swinging or sliding type.
Construction of gates shall be of materials that allow manual
operation by one person.
4. Gate components shall be maintained in an operative condition at
all times and replaced or repaired when defective.
5. Electric gates shall be equipped with a means of opening the gate
by fire department personnel for emergency access. Emergency
opening devices shall be approved by the Fire Code official.
6. Manual opening gates shall not be locked with a padlock or chain
and padlock unless they are capable of being opened by means of
forcible entry tools or when a key box containing the key(s) to the
lock is installed at the gate location.
7. Locking device specifications shall be submitted for approval by
the Fire Code official.
Electric gate operators, where provided, shall be listed in
accordance with UL 325.
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(4)
9. Gates intended for automatic operation shall be designed,
constructed and installed to comply with the requirements
of ASTM F2200.
vi. Signs: Where required by the Fire Code official, Fire Apparatus Access
Road shall be marked with permanent NO PARKING —FIRE LANE signs
complying with the diagram below. Signs shall have a minimum
dimension of 12 inches (305 mm) wide by 18 inches (457 mm) high and
have red letters on a white reflective background. Signs shall be posted on
one or both sides of the Fire Apparatus Access Road as required by
Section 18-57(u)(3)(vi)(1) or Section 18-57(u)(3)(vi)(2) .
SIGN TYPE W SIGN TYPE'C" SIGN TYPED'
NO NO NO
PARKING PARKING PARKING
18"
FIRE LANE FIRE LANE FIRE LANE
-♦ ♦-
12, I f 12" �I I� 1 2'
Fire Lane Signs Diagram
Roads 20 to 26 feet in width: Fire lane signs as specified in
Section 18-57(u)(3)(vi) shall be posted on both sides of Fire
Apparatus Access Roads that are 20 to 26 feet wide (6,096 to 7,925
mm).
2. Roads more than 26 feet in width: Fire lane signs as specified in
Section 18-57(u)(3)(vi) shall be posted on one side of Fire
Apparatus Access Roads more than 26 feet wide (7925 mm) and
less than 32 feet wide (9,754 mm).
Commercial and Industrial Developments
i. Buildings exceeding three stories or 30 feet in height: Buildings or
facilities exceeding 30 feet (9,144 mm) or three stories in height shall have
at least two means of fire apparatus access for each structure.
ii. Buildings exceeding 62,000 square feet in area: Buildings or facilities
having a gross building area of more than 62,000 square feet (5,760 mm)
shall be provided with two separate and approved Fire Apparatus Access
Road.
Exception: Projects having a gross building area of up to 124,000 square feet
(11,520 mm) that have a single approved Fire Apparatus Access Road when all
buildings are equipped throughout with approved automatic sprinkler systems.
OR a variance from City Council.
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203173v1
iii. Remoteness: Where two Fire Apparatus Access Road are required, they shall
be placed a distance apart equal to not less than one half of the length of the
maximum overall diagonal dimension of the lot or area to be served, measured in
a straight line between accesses.
(5) Aerial Fire Apparatus Access Roads
Where required: Where the vertical distance between the grade plane and
the highest roof surface exceeds 30 feet (9,144 mm), approved Aerial Fire
Apparatus Access Roads shall be provided. For purposes of this section,
the highest roof surface shall be determined by measurement to the eave of
a pitched roof, the intersection of the roof to the exterior wall, or the top of
parapet walls, whichever is greater.
ii. Width: Aerial Fire Apparatus Access Roads shall have a minimum
unobstructed width of 26 feet (7925 mm), exclusive of shoulders, in the
immediate vicinity of the building or portion thereof.
iii. Proximity to building: At least one of the required access routes meeting
this condition shall be located within a minimum of 15 feet (4,572 mm)
and a maximum of 30 feet (9,144 mm) from the building, and shall be
positioned parallel to one entire side of the building. The side of the
building on which the Aerial Fire Apparatus Access Road is positioned
shall be approved by the Fire Code official.
iv. Obstructions: Overhead utility and power lines shall not be located over
the Aerial Fire Apparatus Access Road or between the Aerial Fire
Apparatus Access Road and the building. Other obstructions shall be
permitted to be placed with the approval of the Fire Code official.
(6) Multiple -Family Residential Developments
i. Projects having more than 100 dwelling units: Multiple -family residential
projects having more than 100 dwelling units shall be equipped throughout
with two separate and approved Fire Apparatus Access Road.
Exception: Projects having up to 200 dwelling units may have a
single approved Fire Apparatus Access Road when all buildings, including
nonresidential occupancies, are equipped throughout with approved
automatic sprinkler systems installed in accordance with
Section 903.3.1.1 or 903.3.1.2 of the most current edition of the Minnesota
State Fire Code.
ii. Projects having more than 200 dwelling units: Multiple -family residential
projects having more than 200 dwelling units shall be provided with two
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203173v1
separate and approved Fire Apparatus Access Road regardless of whether
they are equipped with an approved automatic sprinkler system.
(7) One- Or Two -Family Residential Developments
One- or two-family dwelling residential developments: Developments of
one- or two-family dwellings where the number of dwelling units exceeds
30 shall be provided with two separate and approved Fire Apparatus
Access Road, and shall meet the requirements of Section 18-57(u)(4)(iii).
Exceptions:
Where there are more than 30 dwelling units on a single public or
private fire apparatus access road and all dwelling units are
equipped throughout with an approved automatic sprinkler system
in accordance with Section 903.3.1.1, 903.3.1.2 or 903.1.3 of the
International Fire Code, access from two directions shall not be
required.
2. The number of dwelling units on a single Fire Apparatus Access
Road shall not be increased unless Fire Apparatus Access Roads
will connect with future development, as determined by the Fire
Code official.
(8) REFERENCED STANDARDS
ASTM
F2200-05
Standard Specification for Automated
Vehicular Gate Construction
Section 18-57(u)(3)(v)
ICC
IFC-12
International Fire Code
Section 18-57(u)(7)(i)
UL
325-02
Door, Drapery, Gate, Louver, and Window
Operators and Systems, with Revisions
through February 2006
Section 18-57(u)(3)(v)
Section 7. This ordinance shall be effective immediately upon its passage and publication.
PASSED AND ADOPTED this
of Chanh ssen, Minnesota.
�l
T d Gerhardt, City Clerk/Manager
12th day of August, 2019, by the City Council of the City
Elie Ryan, Ma r
(Summary Ordinance 644 published in the Chanhassen Villager on August 22, 2019)
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203173v1
CITY OF CHANHASSEN
CARVER AND HENNEPIN COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE NO.644
AN ORDINANCE AMENDING CHAPTER 9, FIRE PREVENTION AND PROTECTION,
AND CHAPTER 18, SUBDIVISIONS, OF THE CHANHASSEN CITY CODE
The purpose of these code amendments are as follows:
Amend Chapter 9 to adopt the Minnesota State Fire Code and accompanying optional
appendices B, C, and E through L, revise the process for appealing an order or interpretation of
Chapter 9, adopt a definition and standards for recreational fires, require permits for permitted
burns, identify which areas of the city are eligible for burn permits, establish criteria for issuing
burn permits, adopt conditions for burn permits, and provide for the revocation of burn permits;
and,
Amend Section 18-57(b) to require 48 feet of turnaround radius for urban/residential cul-
de-sacs; and,
Amend Section 18-57(k) to limit cul-de-sacs to a maximum length of 750 feet and
remove criteria for administrative approval of longer lengths; and,
Amend Section 18-57(o)(1) to fix use of the word constrict instead of construct; and,
Amend Section 18-57(p)(1) to require private streets to provide a turnaround meeting the
requirements of section 18-57(u); and,
Add Section 18-57(u) to establish design standards for Fire Apparatus Access Roads,
including the configuration of dead end turnarounds, maximum grades, gate configuration, sign
standards, requirements for commercial and industrial developments, aerial fire apparatus access
road standards, requirements for multiple -family and one- or two-family residential
developments, and referenced standards.
A printed copy of Ordinance No. 644 is available for inspection by any person during
regular office hours at the office of the City Manager/Clerk.
PASSED, ADOPTED, AND APPROVED FOR PUBLICATION this 12`h day of August,
2019, by the City Council of the City of Chanhassen.
(Published in the Chanhassen Villager on August 22, 2019)
CITY OF CHANHASSEN
CARVER AND HENNEPIN
COUNTIES, MINNESOTA
SUMMARY OF ORDINANCE
NO.644
AN ORDINANCE
AMENDING CHAPTER
9, FIRE PREVENTION
AND PROTECTION,
AND CHAPTER 18,
SUBDIVISIONS, OF THE
CHANHASSEN CITY CODE
The purpose of these code
amendments are as follows:
Amend Chapter 9 to adopt
the Minnesota State Fire Code
and accompanying optional
Opendices B, C; and E tdirou
1, revise the proem 8I�pe
an order or interpretation of
Chapter 9, adopt a definition and
standards for recreational fires,
require permits for permitted
burns, identify which areas of the
city are eligible for burn permits,
establish criteria for issuing burn
permits, adopt conditions for
burn permits, and provide for the
revocation of burn permits; and,
Amend Section 18-57(b) to
require 48 feet of turnaround
radius for urban/residential cul-
de-sacs; and,
Amend Section 18-57(k) to
limit cul-de-sacs to a maximum
length of 750 feet and remove
criteria for administrative
approval of longer lengths; and,
Amend Section 18-57(o)(1)
to fix use of the word constrict
instead of construct; and,
Amend Section 18-57(p)
(1) to require private streets to
provide a turnaround meeting
the requirements of section 18-
57(u); and,
Add Section 18-57(u) to
establish design standards for
Fire Apparatus Access Roads,
including the configuration of
dead end turnarounds, maximum
grades, gate configuration,
sign standards, requirements
for commercial and industrial
developments, aerial fire
apparatus access road standards,
requirements for multiple -family
and one- or two-family residential
developments, and referenced
standards.
A printed copy of Ordinance
No. 644 is available for inspection
by any person during regular
office hours at the office of the
City Manager/Clerk.
PASSED, ADOPTED, AND
APPROVED FOR PUBLICATION
this 12th day of August, 2019, by
the City Council of the City of
Chanhassen.
(Published in the Chanhassen
Villager on Thursday, August 22,
2019: No. 4774)
Affidavit of Publication
Southwest Newspapers
State of Minnesota)
)SS.
County of Carver )
Laurie A. Hartmann, being duly sworn, on oath says that she is the publisher or the authorized
agent of the publisher of the newspapers known as the Chaska Herald and the Chanhassen Vil-
lager and has full knowledge of the facts herein stated as follows:
(A) These newspapers have complied with the requirements constituting qualification as a legal
newspaper, as provided by Minnesota Statute 331A.02, 331A.07, and other applicable laws, as
amended.
(B) The printed public notice that is attached to this Affidavit and identified as No.
was published on the date or dates and in the newspaper stated in the attached Notice and said
Notice is hereby incorporated as part of this Affidavit. Said notice was cut from the columns of
the newspaper specified. Printed below is a copy of the lower case alphabet from A to Z, both
inclusive, and is hereby acknowledged as being the kind and size of type used in the composition
and publication of the Notice:
abcdefghijklmnopgrstuvw z
B
Laurie A. Hartmann
Subscribed and sworn before me on
thisa11
day of 2019°°°°°
JYMME JEANNETT:01/31123
NOTARY PUBLIC . MINA
MY COMMISSION EXPIR
No u lic
RATE INFORMATION
Lowest classified rate paid by commercial users for comparable space.... $31.20 per column inch
Maximum rate allowed by law for the above matter ................................. $31.20 per column inch
Rate actually charged for the above matter ............................................... $13.62 per column inch