Commission Minutes
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OFFICIAL
COMMISSION MINUTES
APRIL 2nd, 2018 1st DAY OF
THE APRIL ADJOURN TERM
PRELIMINARY STUDY
The County Commission met in the Commission Conference Room at 8:37 a.m. with Mike
Scofield (present), Brandon Williams (absent), and Sheila Wyatt (present).
The Commission met to review the day’s agenda.
FORMAL AGENDA
The County Commission met in the Commission Hearing Room at 9:03 a.m. with Mike Scofield
(present), Brandon Williams (present), and Sheila Wyatt (present).
Prayer and Pledge
PUBLIC COMMENT
None.
CALL TO ORDER
Presiding Commissioner Scofield called the Commission meeting to order at 9:04 a.m.
COMMISSION REMARKS
None.
ROAD VACATES
Acacia Club Grounds
Mike Bridges, Attorney, came before the Commission on behalf of College of the Ozarks and
other petitioners with evidence supporting the Road Vacation of Acacia Club Grounds.
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Presiding Commissioner Scofield read a letter dated March 30 from Travis Elliott, Taney
County Attorney, along with Randy Haes, Taney County Hwy Administrator, who have read the
petition for the Acacia Club Grounds and they have no concerns.
Discussion ensued.
Presiding Commissioner Scofield asked the audience if there were any objections and no one
spoke.
Commissioner Williams moved to enter into record Exhibit A (first order) dated April 2nd, 2018.
Commissioner Wyatt seconded the motion. The motion passed by vote: Scofield (aye), Williams
(aye), and Wyatt (aye).
BEFORE THE COUNTY COMMISSION OF TANEY COUNTY, MISSOURI WAY. 3 0 .0 0 FE E T ; T H E N C E SO U TH 6 7 D E G R E E S 0 4 M IN U TES 0 9
S E C O N D S W E ST ALONO SA ID RIGHT-OF-W AY 1 9 0 .6 6 FE C T ; T H E N C E
IN THE MATTER OF: NO RTH 7 9 D E G R E E S 0 6 M IN U TES 2 4 SE C O N D S W E S T ALONO SAID
RIOHT-OF-W AY 5 5 .1 2 F E E T ; T H E N C E NO RTH 6 6 D E O R E E S 5 5
M IN U TES 2 7 SE C O N D S E A S T ALONG SAID RIO HT-OF-W AY 3 6 .8 8
Vacation of Portions of Essex, F E E T ; T H E N C E N ORTH 6 6 D E O R E E S 5 3 M INUTES 2 8 S E C O N D S EAST
Berkshire, Lowell and O ther Unnamed ALONG SAID RIOHT-OF-W AY 4 9 .9 9 FE E T ; T H E N C E N ORTH 6 7
Platted Streets, Located in Ozark D E G R E E S 2 5 M INU TES 2 8 S E C O N D S EA ST A LONO SA ID R IO H T -O F-
Acacia Club O rounds, Section 18, WAY 1 4 9 .6 1 FE E T ; T H E N C E N O R TH 2 2 D E G R E E S OO M IN U TES 0 3
Township 22 North, Range 21 West, S E C O N D S W E S T ALONO SAID RIOHT-OF-W AY 1 0 1 .2 4 F E E T ; T H E N C E
More Fully Described in Legal NORTH 6 6 D E O R E E S 5 3 M IN U TE S 5 7 SE C O N D S EA ST A LONO SAID
Description Included Below. RIOHT-OF-W AY 3 0 .0 0 F E E T T O T H E POINT O P B EO IN NINO;
CONTAININO 0 .2 2 A C R E S M O R E O R LE SS. S U B JE C T T O ANY AND ALL
ORDER TO VACATE PORTIONS OF EN C U M B R A N C ES A ND R IO H T S R E C O R D E D O R U N R E C O R D E D .
KCBJEET8 1N OZARK ACACIA CLVIi QRQVKPg A PART O F T H E SO U T H E A ST Q U A RTER O F T11E N O R TH W EST
Q U A RTER O F S EC TIO N 18, TO W N SH IP 2 2 N ORTH, R A N O E 2 1 W EST,
NOW ON THIS DATE, th e C ounty Commission of Taney County, TANEY COUNTY, M ISSO U R I, B EIN O M O R E PARTICULARLY D E S C R IB E D
M issouri, takes u p and considers th e Petition to Vacate Portions oCStreets in AS FO LLO W S: BEO IN N IN O A T H E N O RTH W EST C O R N E R O F L O T 1,
Ozark Acacia Club Grounds (the “Petition*), filed an d presented by The School B LO C K 3 3 , ACACIA CLU B O R O U N D S ; T H E N C E SO U TH 2 2 D E O R E E S 3 7
of the Ozarks, a M issouri non-profit corporation, a / k / a College of the Ozarks M IN U TES 2 7 S E C O N D S E A S T ALONO SAID RIOHT-OF-W AY 1 0 1 .1 1
(“Petitioner*). A true and correct copy of the Petition is attached hereto as FE E T ; T H E N C E SO U T H 6 7 D E O R E E S 0 5 M IN U TES 19 S E C O N D S W E ST
Exhibit I. A LO NO SAID RIO H T-O F-W A Y 3 0 .6 4 FE E T ; T H E N C E N O R TH 2 2
D E O R E E S 15 M IN U TES 4 1 S E C O N D S W E ST ALONO SA ID R IG H T -O F-
The C ounty Comm ission finds th a t th e Petition com plies with the WAY 1 0 1 .5 1 FE E T ; T H E N C E N ORTH 6 7 D E G R E E S 5 1 M IN U T E S 3 5
requirem ents of g§ 71.270 and 228.110, RSMo.; th a t notice of the Petition S E C O N D S EA ST ALONO SA ID RIOHT-OF-W AY 3 0 .0 0 F E E T T O T H E
PO IN T O F B EO IN N IN O ; CONTAININO 0 .0 7 A C R E S M O R E O R L E S S .
required u n d er g j 71.270 and 228.110, RSMo, h a s been proved; th a t no S U B JE C T T O ANY A ND A LL E N C U M B R A N C E S AND R IG H TS
rem onstrance to th e proposed vacation of th e streets described and show n in R ECORD ED OR U NRECORDED.
th e Petition (the “Streets*) h a s been filed; th a t Petitioner owns all property lying
on both sides of an d fronting th e S treets to be vacated; th a t the S treets are A PA RT O F T H E S O U T H E A ST Q U A RTER O F T H E N O R TH W EST
useless to th e C ounty, and repairing and m aintaining th e sam e presents an Q U A R TER O F S E C T IO N 18, T O W N SH IP 2 2 N O RTH , R A N G E 2 1 W E ST ,
unreasonable bu rden upon th e C ounty and Oliver Township, where they are TANEY COUNTY, M ISSO U R I, B E IN O M O R E PARTICULARLY D E S C R IB E D
located; an d th a t it is in th e public interest of the C ounty to vacate said A S FO LLO W S: BEO IN N IN O A T T H E SO U T H W E ST C O R N E R O F L O T 11,
Streets. BL O C K 3 9 , ACACIA CLU B O R O U N D S; T H E N C E N ORTH 6 7 D E O R E E S
0 4 M IN U T E S 0 4 S E C O N D S E A S T ALONO SA ID RIOH T-O F-W AY 4 1 7 .4 1
NOW, THEREFORE, u n d er §§ 71.270 and 228.110, RSMo., the Taney F E E T ; T H E N C E SO U T H 7 9 D E G R E E S 0 6 M IN U TES 2 4 S E C O N D S EA ST
C ounty Comm ission hereby g ra n ts th e Petition to Vacate Portions of S treets in A LO NO SAID RIO H T-O F-W A Y 5 3 .8 9 F E E T ; T H E N C E SO U T H 6 7
Ozark Acacia C lub O rounds an d declares th a t th e S treets described in the D E O R E E S 0 4 M IN U TES 0 4 S E C O N D S W E S T ALONG SAID R IG H T -O F-
WAY 4 7 5 .2 2 F E E T ; T H E N C E N O R T H 0 0 D E O R E E S 3 3 M IN U T E S 5 4
Petition are vacatcd; to-wit: S E C O N D S E A S T A LONO SA ID RIOHT-OF-W AY 3 2 .7 1 F E E T T O T H E
PO IN T O F B EG IN N IN G ; CONTAININO 0 .3 A C R E S M O R E O R L E S S .
A PA R T O F T H E SO U T H E A S T Q U A R T ER O F T H E N O RT H W E ST
S U B JE C T T O ANY A ND A LL E N C U M B R A N C ES AND R IO H TS
Q U A R T ER O F SE C T IO N 1 8 , T O W N S H IP 2 2 N O RTH . R A N O E 2 1 W ES T ,
R ECO RD ED OR U NRECORDED.
TANEY CO U N TY, M IS S O U R I, B E IN O M O R E PARTICULARLY D E S C R IB E D
A S FO L L O W S: BEG IN N IN G AT T H E N O R T H W E ST C O R N E R LO T 1, A PA R T O F T H E S O U T H E A ST Q U A R TER O F T H E N O R T H W E ST
B L O C K 3 6 , ACACIA C L U B O R O U N D S ; T H E N C E SO U T H 2 2 D E G R E E S 18
Q U A R T E R O F S E C T IO N 18, T O W N S H IP 2 2 N O RTH , R A N O E 2 1 W E ST ,
M IN U T E S 1 6 S E C O N D S E A S T ALON O SA ID RIO H T-O F-W A Y 1 0 1 .5 2
TANEY COUNTY, M IS S O U R I, B E IN O M O R E PARTICULARLY D E S C R IB E D
F E E T ; T H E N C E SO U T H 6 7 D E O R E E S 2 5 M IN U T E S 2 8 S E C O N D S W E S T
A S FO L L O W S: B E O IN N IN O A T T H E SO U T H W E ST C O R N E R O F LOT 2 0 ,
A LONG SA ID R IG H T-O F-W A Y 3 0 .5 3 F E E T ; T H E N C E SO U T H 2 2 B L O C K 3 9 , ACACIA CL U B O R O U N D S ; T H E N C E SO U T H 2 2 D E G R E E S 12
D E O R E E S 5 3 M IN U T E S 2 1 S E C O N D S E A S T A LONG SA ID R IO H T -O F-
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Signature
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Address
M E x h ib it A
L e g a l D e s c r ip t io n
Print Name Signature Address
L e g a l D e s c r ip t io n o f P o r t io n s o f S t r e e t s t o n r. V a c a t e d
Print Name Signature Address
A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18,
TOWNSHIP 22 NORTH, RANGE 21 WEST, TANEY COUNTY, MISSOURI, BEING MORE
Print Name Signature Address PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNINO A T THE NORTHWEST CORNER
LOT 1, BLOCK 36, ACACIA CLUB GROUNDS; THENCE SOUTH 22 DEGREES 18 MINUTES 16
SECONDS EAST ALONG SAID RIGHT-OF-WAY 101.52 FEET; THENCE SOUTH 67 DEGREES 25
MINUTES 28 SECONDS WEST ALONG SAID RIGHT-OF-WAY 30.53 FEET; THENCE SOUTH 22
Print Name Signature Address
DEGREES 53 MINUTES 21 SECONDS EA ST ALONG SAID RIGHT-OF-WAY 30.00 FEET;
THENCE SOUTH 67 DEGREES 04 MINUTES 09 SECONDS WEST ALONG SAID RIGHT-OF-WAY
190.66 FEET; THENCE NORTH 79 DEGREES 06 MINUTES 24 SECONDS WEST ALONG SAID
Print Name Signature Address RIGHT-OF-WAY 55.12 FEET; THENCE NORTH 66 DEGREES 55 MINUTES 27 SECONDS EAST
ALONG SAID RIGHT-OF-WAY 36.88 FEET; THENCE NORTH 66 DEGREES 53 MINUTES 28
SECONDS EAST ALONG SAID RIGHT-OF-WAY 49.99 FEET; THENCE NORTH 67 DEGREES 25
Print Name Signature Address MINUTES 28 SECONDS EAST ALONG SAID RIGHT-OF-WAY 149.61 FEET; THENCE NORTH 22
DEGREES 00 MINUTES 03 SECONDS W EST ALONO SAID RIGHT-OF-WAY 10124 FEET;
THENCE NORTH 66 DEGREES 53 MINUTES 57 SECONDS EAST ALONG SAID RlGirT-OF-WAY
Print Name Signature Address 30.00 FEET T O THE POINT O F BEGINNING; CONTAINING 0.22 ACRES MORE OR LESS.
SUBJECT T O ANY AND ALL ENCUMBRANCES AND RIGHTS RECORDED OR UNRECORDED.
A PART OF THE SOUTHEAST QUARTER O F THE NORTHWEST QUARTER OF SECTION 18,
Print Name Signature Address
TOWNSHIP 22 NORTH, RANGE 21 WEST, TANEY COUNTY, MISSOURI, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING A THE NORTHWEST CORNER O F
LOT 1, BLOCK 33, ACACIA CLUB GROUNDS; THENCE SOUTH 22 DEGREES 37 MINUTES 27
Print Name Signature Address SECONDS EAST ALONG SAID RIGHT-OF-WAY 101.11 FEET; THENCE SOUTH 67 DEGREES 05
MINUTES 19 SECONDS WEST ALONG SAID RIGHT-OF-WAY 30.64 FEET; THENCE NORTH 22
DEGREES 15 MINUTES 41 SECONDS WEST ALONG SAID RIGHT-OF-WAY 101.51 FEET;
Print Name Signature Address THENCE NORTH 67 DEGREES 51 MINUTES 35 SECONDS EAST ALONG SAID RIGHT-OF-WAY
30.00 FEET TO TH E POINT OF BEGINNING; CONTAINING 0.07 ACRES MORE OR LESS.
SUBJECT T O ANY AND ALL ENCUMBRANCES AN D RIGHTS RECORDED OR UNRECORDED.
Print Name Signature Address
A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18,
TOWNSHIP 22 NORTH, RANGE 21 WEST, TANEY COUNTY, MISSOURI, BEING MORE
I, Charles P. Hughes, Vice President) Treasurer 8s CFO, certify that the PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNINO AT THE SOUTHWEST CORNER OF
signatures above were obtained by and for The School of the Ozarks, a LOT 11, BLOCK 39, ACACIA CLUB GROUNDS; THENCE NORTH 67 DEGREES 04 MINUTES 04
SECONDS EAST ALONG SAID RIGHT-OF-WAY 417.41 FEET; THENCE SOUTH 79 DEGREES 06
Missouri non-profit corporation, a /k /a College of the Ozarks, for the purpose MINUTES 24 SECONDS EAST ALONG SAID RIGHT-OF-WAY 53.89 FEET; THENCE SOUTH 67
stated in the attached Petition; and that I can be reached at College of the DEGREES 04 MINUTES 04 SECONDS W EST ALONG SAID RIGHT-OF-WAY.47522 FEET;
Ozarks, P.O. Box 17, P t Lookout, MO 65726 or at 417-690-2211. THENCE NO RTH 00 DEGREES 33 MINUTES 54 SECONDS EAST ALONG SAID RIGHT-OF-WAY
' 32.71 FEET T O THB POINT OF BEGINNING; CONTAINING 03 ACRES MORE OR LESS.
SUBJECT T O ANY AN D ALL ENCUMBRANCES AND RIGHTS RECORDED OR UNRECORDED.
Signed: 6 't i t w .'? . 7 / ^ J L ~ te a h k A PART O F TH E SOUTHEAST QUARTER OF THB NORTHWEST QUARTER OF SECTION 18,
TOWNSHIP 22 N ORTH, RANGE 21 WEST, TANEY COUNTY, MISSOURI, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT TH E SOUTHWEST CORNER OF
LOT 20, BLO CK 39, ACACIA CLUB GROUNDS; THENCE SOUTH 22 DEGREES 12 MINUTES 20
POINT OF BEGINNING; CONTAINING 0.01 ACRES MORE OR LESS. SUBJECT TO ANY AND
ALL ENCUMBRANCES AND RIGHTS RECORDED OR UNRECORDED.
A PART OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 18,
TOWNSHIP 22 NORTH, RANGE 21 WEST, TANEY COUNTY, MISSOURI, BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT TOE NORTHWEST CORNER OF
LOT 1, BLOCK 39, ACACIA CLUB GROUNDS; THENCE NORTH 00 DEGREES 33 MINUTES 54
E xhibit B
SECOND? EAST ALONG SAID RIGHT-OF-WAY 3175 FEET, THENCE NORTH 66 DEGREES 55
MINUTES 27 SECONDS EAST ALONG SAID RIGHT-OF-WAY 166.18 FEET, THENCE SOUTH 79
S u rv ey Ma p
DEGREES 06 MINUTES 24 SECOND EAST ALONG SAID RIGHT-OF-WAY 54.71 FEET; THENCE
SOUTH 67 DEGREES 04 MINUTES 09 SECONDS WEST ALONG SAID RIGHT-OF-WAY 224.69
FEET TO THE POINT OF BEGINNING; CONTAINING 0.14 ACRES MORE OR LESS. SUBJECT
TO ANY AND A IL ENCUMBRANCES AND RIGHTS RECORDED OR UNRECORDED.
A PART OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 22 NORTH, RANGE 21
WEST, TANEY COUNTY, MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT THE NORTHEAST CORNER BLOCK 30, ACACIA CLUB
GROUNDS; THENCENORTH 60 DEGREES 03 MINUTES 27 SECONDS EAST3034 FEET;
THENCE SOUTH 38 DEGREES 30 MINUTES 00 SECONDS EAST 99.53 FEET, THENCE NORTH
57 DEGREES 19 MINUTES 46 SECONDS EAST 305.01 FEET; THENCE ALONG A 375.00 FOOT
RADIUS CURVE TO THE RIGHT AND SAID RIGHT-OF-WAY 41.66 FEET, SAID CURVE
HAVING A CHORD BEARING OF SOUTH 76 DEGREES 52 MINUTES 36 SECONDS EAST AND
A CHORD DIMENSION OF 41.63 FEET; THENCE SOUTH 57 DEGREES 19 MINUTES 46
SECONDS WEST 330.99 FEET; THENCE NORTH 38 DEGREES 30 MINUTES 00 SECONDS WEST
30.00 FEET; THENCB SOUTH 58 DEGREES 20 MINUTES 30 SECONDS WEST 30.32 FEET;
THENCE NORTH 38 DEGREES 26 MINUTES 32 SECONDS WEST 100.43 FEET TO THB POINT
OF BEGINNING; CONTAINING 029 ACRES MORE OR LESS. SUBJECT TO ANY AND ALL
ENCUMBRANCES AND RIGHTS RECORDED OR UNRECORDED.
A PART OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 22 NORTH, RANGE 21
WEST, TANEY COUNTY, MISSOURI, BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER BLOCK 28, ACACIA CLUB
GROUNDS; THENCENORTH 38 DEGREES 30 MINUTES 00 SECONDS WEST 30.00 FEET; .
THENCB NORTH 57 DEGREES 19 MINUTES 46 SECONDS EAST 389.05 FEET, THENCE SOUTH
65 DEGREES 17 MINUTES 58 SECONDS EAST 35.44 FEET; THENCE SOUTH 57 DEGREES 19
MINUTES 46 SECONDS WEST 405.11 FEET TO THE POINT OF BEGINNING; CONTAINING 027
ACRES MORE OR LESS. SUBJECT TO ANY AND ALL ENCUMBRANCES AND RIGHTS
RECORDED OR UNRECORDED.
Presiding Commissioner Eastern Commissioner ; Western Commissioner
Commissioner Williams moved to approve the proposed order to vacate portions of streets in
Ozark Acacia Club Grounds as presented in Exhibit A. Commissioner Wyatt seconded the
motion. The motion passed by vote: Scofield (aye), Williams (aye), and Wyatt (aye).
Acacia Club Road
Mr. Bridges also presented to the commission a petition to vacate parts of Acacia Club Road.
Presiding Commission Scofield read a letter dated March 30th, 2018 from Travis Elliott, along
with Randy Haes who have both read the petition for parts of the Acacia Club Road and they
stated it can be vacated when they have an easement from the college which Mr. Bridges
provided during the meeting.
Discussion ensued.
BEFORE THE COUNTY COMMISSION OF TANEY COUNTY, MISSOURI SAID RIGHT-OF-WAY 180.08 FEET; THENCE SOUTH 67 DEGREES 36
MINUTES 07 SECONDS WEST ALONG SAID RIGHT-OF-WAY 240.79
IN THE MATTER OF: j
FEET; THENCE NORTH 79 DEGREES 06 MINUTES 24 SECONDS WEST
ALONG SAID RIGHT-OF-WAY 87.05 FEET; THENCE NORTH 89
Vacation of P art of Acacia Club Road
Located in Section 18, Township 22 j DEGREES 17 MINUTES 52 SECONDS EAST ALONG SAID RIGHT-OF-
North, Range 21 W est WAY 4.41 FEET; THENCE NORTH 67 DEGREES 28 MINUTES 34
SECONDS EAST ALONG SAID RIGHT-OF-WAY 32.60 FEET; THENCE
O R D E R TO VACATE PA RT O F ACACIA CLUB ROAD NORTH 66 DEGREES 49 MINUTES 12 SECONDS EAST ALONG SAID
RIGHT-OF-WAY 27627 FEET; THENCE NORTH 67 DEGREES 02
NOW ON THIS DATE, the County Commission of Taney County, MINUTES 18 SECONDS EAST ALONG SAID RIGHT-OF-WAY 230.91
Missouri, takes u p and considers the Petition to Vacate P art of Acacia Club FEET; THENCE NORTH 67 DEGREES 54 MINUTES 22 SECONDS EAST
Road (the ‘Petition'), filed and presented by The School of the Ozarks, a ALONO SAID RIGHT-OF-WAY 479.30 FEET; THENCE NORTH 67
M issouri non-profit corporation, a / k / a College of the Ozarks (“Petitioner*). A DEGREES 51 MINUTES 35 SECONDS EAST ALONG SAID RIGHT-OF-
tru e an d correct copy of the Petition is attached hereto a s Exhibit 1. WAY 649.95 FEET; THENCE NORTH 66 DEGREES 12 MINUTES 25
SECONDS EAST ALONG SAID RIGHT-OF-WAY 74.75 FEET; THENCE
The C ounty Commission finds th a t the Petition complies with the NORTH 60 DEGREES 04 MINUTES 09 SECONDS EAST ALONG SAID
requirem ents of § 228.110, RSMo.; th at notice of the Petition required u n d e r § RIGHT-OF-WAY 275.27 FEET; THENCE NORTH 57 DEGREES 19
228.110, RSMo, h a s been proved; th at no rem onstrance to the proposed MINUTES 46 SECONDS EAST ALONG SAID RIGHT-OF-WAY 6124 FEET;
vacation of th e roadway described and shown in the Petition (the "Roadway*)
THENCE ALONG A 425.00 FOOT RADIUS CURVE TO THE RIGHT AND
h a s been filed; th a t the Roadway is useless to the C ounty, and repairing an d
SAID RIGHT-OF-WAY 425.56 FEET, SAID CURVE HAVING A CHORD
m aintaining the sam e presents an unreasonable burden upon the C ounty an d
Oliver Township, where it is located; and th at it is in th e public interest of the BEARING OF NORTH 86 DEGREES 00 MINUTES 54 SECONDS EAST AND
C ounty to vacate said Roadway. A CHORD DIMENSION OF 408.00 FEET; THENCE SOUTH 65 DEGREES 17
MINUTES 58 SECONDS EAST ALONG SAID RIGHT-OF-WAY 147.67
NOW, THEREFORE, u n d er § 228.110, RSMo., the Taney County FEET; THENCE SOUTH 34 DEGREES 57 MINUTES 33 SECONDS EAST
C ommission hereby grants the Petition to Vacate Part of Acacia Club Road and ALONO SAID RIGHT-OF-WAY 98.98 FEET; THENCE NORTH 65
declares th a t the Roadway described in the Petition is vacated, subject to the DEGREES 17 MINUTES 58 SECONDS WEST ALONG SAID RIGHT-OF-
execution and recording of the'A ccess Easem ent, attached hereto as Exhibit 2; WAY 233.09 FEET; THENCE ALONG A 375.00 FOOT RADIUS CURVE TO
to-wit: THE LEFT AND SAID RIGHT-OF-WAY 375.49 FEET, SAID CURVE
HAVING A CHORD BEARING OF SOUTH 86 DEGREES 00 MINUTES 54
A PART OF THE NORTHWEST QUARTER OF THE NORTHEAST SECONDS WEST AND A CHORD DIMENSION OF 360.00 FEET; THENCE
QUARTER OF SECTION 18, TOWNSHIP 22 NORTH, RANGE 21 WEST,
SOUTH 57 DEGREES 19 MINUTES 46 SECONDS WEST ALONG SAID
TANEY COUNTY, MISSOURI, BEING MORE PARTICULARLY
DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER RIGHT-OF-WAY 61.24 FEET; THENCE SOUTH 60 DEGREES 03 MINUTES
LOT 10, BLOCK 33, ACACIA CLUB GROUNDS; THENCE SOUTH 67 27 SECONDS WEST ALONG SAID RIGHT-OF-WAY 30.34 FEET; THENCE
DEGREES 51 MINUTES 35 SECONDS WEST ALONG SAID RIGHT-OF- SOUTH 60 DEGREES 03 MINUTES 27 SECONDS WEST ALONG SAID
WAY 499.44 FEET; THENCE SOUTH 67 DEGREES 51 MINUTES 35 RIGHT-OF-WAY 250.00 FEET; THENCE SOUTH 66 DEGREES 12
SECONDS WEST ALONG SAID RIGHT-OF-WAY 30.00 FEET; THENCE MINUTES 25 SECONDS WEST ALONG SAID RIGHT-OF-WAY 199.16
SOUTH 67 DEGREES 51 MINUTES 35 SECONDS WEST ALONG SAID FEET; THENCE SOUTH 74 DEGREES 26 MINUTES 03 SECONDS WEST
RIGHT-OF-WAY 349.58 FEET; THENCE SOUTH 67 DEGREES 58 ALONG SAID RIGHT-OF-WAY 30.48 FEET TO THE POINT OF
MINUTES 54 SECONDS WEST ALONG SAID RIGHT-OF-WAY 49.84 FEET; BEGINNING; CONTAINING 3.02 ACRES MORE OR LESS. SUBJECT TO
THENCE SOUTH 68 DEGREES 11 MINUTES 09 SECONDS WEST ALONG ANY AND ALL ENCUMBRANCES AND RIGHTS RECORDED OR
SAID RIGHT-OF-WAY 49.60 FEET; THENCE SOUTH 67 DEGREES 32 UNRECORDED.
MINUTES 02 SECONDS WEST ALONG SAID RIGHT-OF-WAY 5028 FEET;
THENCE SOUTH 66 DEGREES 53 MINUTES 57 SECONDS WEST ALONG The Taney C ounty Com m ission fu rth e r declares an d orders th a t th is
O rder shall be recorded in th e office o f th e Taney C ounty, M issouri, R ecorder of
/tf& ju y jk .
Exhibit 1
BEFORE THE COUNTY COMMISSION OP TANEY COUNTY, MISSOURI
BranHon Williams, Western Commissioner
IN THE MATTER OF:
Vacation of P art of Acacia Club Road
Located in 8ectlon 18, Township 22
North, Range 21 West, More Fully
Sheila Wyatt, Eastern Commissioner Described in Legal Description and
Survey Attached a s Exhibits A & B.
PE T IT IO N TO VACATE PA RT O F ACACIA CLUp RQAP.
COMES NOW The School of the Ozarks, a M issouri non-profit
ATTEST
corporation, a / k / a College of the Ozarks (■'Petitioner'), which is authorized to
On th isja ^ day of April, 2018, before me personally appeared Mike tran sa ct business in the State of M issouri, and, along with twenty-two
Scofield, Presiding Commissioner, Brandon Williams, Western District residents of Oliver Township who signed Exhibit C to th is Petition to Vacate
Commissioner, Sheila Wyatt, Eastern District Commissioner, and said
Part of Acacia C lub Road (the "Petition*), states to the Commission the
behalf of the Taney County Commission. following:
1. A ttached to this Petition as Exhibit A and incorporated by
I, Donna Neeley, Clerk of the Taney County Commission, do hereby certify
reference is th e legal description for th a t p art o f Acacia Club Road (the
that the above and foregoing is a true and accurate record of the Order to Vacate
Part of Acacia Club Road, made and entered by the Taney County Commission on ■Roadway*), w hich Petitioner proposes should be vacated.
this day of April 2018. 2. Attached to this Petition a s Exhibit B and incorporated by
reference is a two-page survey m ap depicting .the Roadway (shown in blue),
which Petitioner proposes should be vacated.
WiOMA y j n A a - - 3. Petitioner states th a t the Roadway is useless, and repairing and
Donna Neeley J (J m aintaining th e sam e presents an unreasonable burden upon Oliver Township
Cleric of the Taney County Commission
and th e County.
4. As required by Mo. Rev. StaL 8 228.110, attached to th is Petition
a s Exhibit C a n d incorporated by reference are th e signatures of a t least twelve
206
Presiding C o m m i s s i o n e r ; Eastern Commissioner ^ VO; Western Commissioner "tx)
residents of Oliver Township (where the Roadway is located), who by their'
signatures support this Petition for the vacation of the Roadway, declare the
same to be useless, and state th at repairing and maintaining the same
presents a n unreasonable burden upon Oliver Township and th e County.
E x h ib it A
5. Petitioner states (a) that it desires to have the Roadway vacated
D e s c r ip t io n
and (b) th at vacating the Roadway will not be detrimental to any other party.
WHEREFORE, Petitioner prays the Commission to enter an Order
vacating of the above-described Roadway and for such other and further relief
as the Commission deems appropriate.
T h e S c h o o l o p t h e O zarks , a M is s o u r i
hon *p r o p it c o r po r a tio n , a / k / a C olleg e
<41549
Huscii Bu ^ kw eh LLP
901 S t Louis S t, Suite 1800
Springfield, MO 65806
Telephone: 417-268-4053
Facsimile: 417-268^1040
Michael.bridgesf21huschblackwell.com
A n o R ir e r a t o r P etttioker
L e g a l D e s c r ip t io n f o r P a r t o f A c a c ia C u m R o a d t o b e V a c a t e d
A PART O F THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER O F SECTION 18,
TOWNSHIP 22 NORTH, RANOE 21 WEST, TANBY COUNTY, MISSOURI, BEING MORE
PARTICULARLY DESCRIBED A S FOLLOWS: BEGINNING A T THE NORTHEAST CORNER
LO T 10, BLOCK 33, ACACIA CLUB GROUNDS; THENCE SOUTH 67 DEGREES 51 MINUTES 35
SECONDS WEST ALONG SAID RIGHT-OF-WAY 499.44 FEET; THENCE SOUTH 67 DEGREBS 51
MINUTES 35 SECONDS WEST ALONG SAID RIGHT-OF-WAY 30.00 FEET; THENCE SOUTH 67
DEGREES 51 MINUTES 35 SECONDS WEST ALONG SAID RIGHT-OF-WAY 349-58 FEET;
THENCE SOUTH 67 DEGREES 51 MINUTES 54 SECONDS WEST ALONG SAID RIGHT-OF-WAY
E x h ib it B
49.84 FEET; THENCE SOUTH 68 DEGREES 11 MINUTES 09 SECONDS WEST ALONG SAID
RIGHT-OF-WAY 49.60 FEET; THENCE SOUTH 67 DEGREES 32 MINUTES 02 SECONDS WEST
ALONG SAID RIGHT-OF-WAY 50128FEBT; THENCE SOUTH 66 DEGREES 53 MINUTES 57
S urvey Map
SECONDS WEST ALONG SAB) RIGHT-OF-WAY 180.08 FEET, THENCE SOUTH 67 DEGREES 36
MINUTES 07 SECONDS WEST ALONG SAID RIGHT-OF-WAY 240.79 FEBT; THENCE NORTH 79
DEGREES 06 MINUTES 24 SECONDS WBST ALONG SAID RIGHT-OF-WAY 87.05 FEET,
THBNCB NO RTH 89 DEGREES 17 MINUTES 52 SECONDS EA ST ALONG SAID RIGHT-OF-WAY
4.41 FEBT; THENCE NORTH 67 DEGREES 28 MINUTES 34 SECONDS BAST ALONG SAID
RIGHT-OF-WAY 32.60 FEET; THENCE NORTH 66 DEGREES 4 9 MINUTES 12 SECONDS EAST
ALONG SAID RIGHT-OF-WAY 276.27 FEBT; THENCE NORTH 67 DEOREES 02 MINUTES 18
SECONDS BAST ALONG SAB) RIGHT-OF-WAY 230.91 FEBT; THENCB NORTH 67 DEGREES 54
MINUTES 22 SECONDS EAST ALONO SAID RIGHT-OF-WAY 479JO FEBT; THENCB NORTH 67
DEOREES 51 MINUTES 35 SECONDS BAST ALONG SAID RIGHT-OF-WAY 649.95 FEBT;
THENCB NORTH 66 DEOREES 12 MINUTES 25 SECONDS BAST ALONG SAB) RIGHT-OF-WAY
74.75 FEET; THBNCB NORTH 60 DEGREES 04 MINUTES 09 SECONDS EAST ALONG SAID
RIGHT-OF-WAY 275.27 FEBT; THBNCB NORTH 57 DEGREES 19 MINUTES 46 SECONDS EAST
ALONO SAID RIGHT-OF-WAY 61.24 FEET; THENCB ALONG A 425.00 FOOT RADIUS CURVB
TO TUB RIG H T AND SAID RIGHT-OF-WAY 425.56 FEET, SAID CURVE HAVING A CHORD
BEARING OF NORTH 86 DEOREES 00 MINUTES 54 SECONDS BAST AND A CHORD
DIM ENSION OF 408.00 FEBT; THENCB SOUTH 65 DEGREES 17 MINUTES 58 SECONDS EAST
ALONG SAID RIGHT-OF-WAY 147.67 FEBT; THENCB SOUTH 34 DEGREBS 57 MINUTES 33
SECONDS BAST ALONG SAID RIGHTtOF-WAY 98.98 FEBT; THENCB NORTH 65 DEOREES 17
MINUTBS 58 SECONDS WEST ALONO SAID RIGHT-OP-WAY 233.09 FEBT, THENCE ALONG A
375.00 FO O T RADIUS CURVB T O THE LEFT AND SAID RIOHT-OF-WAY 375.49 FEBT, SAID
CURVB HAVINO A CHORD BEARING OF SOUTH 86 DEGREES 00 MINUTES 54 SECONDS
W BST AN D A CHORD DIMENSION O P 360.00 FEET; THENCB SOUTH 57 DEGREBS 19
MINUTBS 46 SECONDS WEST ALONG SAID RIOHT-OF-WAY 61.24 FEET; THENCB SOUTH 60
DEGREBS 03 MINUTES 27 SECONDS WBST ALONG SAID RIGHT-OF-WAY 30.34 FEET,
THENCB SOUTH 60 DEOREES 03 MINUTBS 27 SECONDS WEST ALONO SAID RIOHT-OP-WAY
250.00 FEBT; THENCB SOUTH 66 DEGREES 12 MINUTBS 25 SECONDS WEST ALONG SAB)
RIGHT-OF-WAY 199.16 FEBT; THENCE SOUTH 74 DEOREES 26 MINUTBS 03 SECONDS WBST
ALONG SAID RIOHT-OF-WAY 30.48 FEBT T O THB POINT OF BEGINNING; CONTAINING 3.02
A CRES M O RE O R LESS. SUBJECT T O ANY AND A LL ENCUMBRANCES AND RIOHTS
RECORDED O R UNRECORDED.
Presiding C o m m i s s i o n e r ; Eastern Commissioner ^ ^ ; Western Commissioner
Wc, the undersigned citizens of Taney County, being duly qualified and
E xhibit C competent residents of Oliver Township, respectfully represent and aver that
the part of Acacia Club Road, described and depleted in the attached Exhibits
A and B, being situated in Oliver Township, Taney County, Missouri, are now
useless, and the repairing and maintenance of the same would impose an
unreasonable burden upon Oliver Township and the County.
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I, Chnrics F. Hughes, Vice President <k CFO, certify that the signatures
abovo were obtained by and for The 8chool of the Oiarks, a Missouri non-proflt
corporation, a /k /a College of the Ozarks, for the purpose stated in the
attached Petition; and that 1 can be reached at College of the Ozarks, P.O. Box
17, PL Lookout, MO 65726 or at 417-690-2211.
/M u tv - l F - 7 h i L -
We, the undersigned citizens of Taney County, being duly qualified and
competent residents of Oliver Township, respectfully represent and aver that
the part of Acacia Club Road, described and depicted in the attached Exhibits
A and B, being situated in Oliver Township, Taney County, Missouri, are now
useless, and the repairing and maintenance of the same would impose an
unreasonable burden upon Oliver Tpwnshlp and the County.
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I, Charles P. Hughes, Vice President & CFO, certify that the signatures
above were obtained by and for The School of the Ozarks, a Missouri non-profit
corporation, a /k /a College of the Ozarks, for the purpose stated in the
attached Petition; and that 1 can be reached at College of the Ozarks, P.O. Box
17, PL Lookout, MO 65726 or at 417-690-2211.
ik s jn
ACCESS EASEMENT
SPACE ABOVE THIS LINE IS FOR RECORDER’S USE ONLY This Access Easement ("Easement") is granted by The School o f the Ozarks, a Missouri non
profit corporation, a/k/a College o f the Ozarks (“Grantor" ) for the benefit o f George Stanley Fry and
Jeanette F. Fry, Trustees of Revocable Trust Agreement o f George Stanley Fry and Jeanetto F. Fry dated
Title o f Document; Access Easement December 29,1992 C'QduiIcs") to be effective as o f the Effective Date (defined below).
RECITALS:
Date of Document; '_ _ _ _ _ _ _ _ _ _ _ _ ,2018
A. Grantee is the owner o f thst certain tract of land legally described on F.shlblt A attached
Grantor B e School of the Ozarks, a Missouri non-profit corporation, a/k/a College of the
Ozarks D. It is acknowledged and agreed that Grantor, as o f the date o f this Easement, has
petitioned Taney County, Missouri (the “County”) for the vacation o f part o f Acacia Club Road, which
part includes the portion o f Acacia Club Road that provides access to Grantee's Property.
Grantor’s Address; College of the Ozarks
c/oJ. Michael Bridges C. I f the County enters an order vacating the requested part of Acacia Club Rood, (i) Grantor
shall be the owner o f the real property legally described on Eshlhlt I) attached hereto and incorporated
901 St. Lcuis Street, Suite 1800 herein (the “Easement Area"), which Easement Area is depicted on F.shlblt C attached hereto and
Springfield, Missouri 65806 incorporated herein, except for that portion o f Acacia Club Road which abuts Grantee's Property to the
centerline o f Acacia Club Road, and (ii) Grantor desires to establish and create this Easement so as to
grant to Grantee the right to use the Easement Area for the purpose o f ingress to and egress from
Grantee: George Stanley Fry and Jeanette F. Fry, Trustees of Revocable Trust Agreement Grantee’s Property, and (iii) the date o f such order vacating the requested part o f Acacia G u b Road shall
of George Stanley Fry and Jeanette F. Fry dated December 29,1992 be the ‘‘Effective Date" for all purposes hereunder.
D. I f the County declines to enter an order vacating the portion o f Acacia Club Rood that
Grantee’s Address: P.O. Box 18 provides access to Grantee's Property, this Easement shall be null and void and o f no further force or
effect
Point Lookout, Missouri 67526
NOW, THEREFORE, for and in consideration o f the covenants hereinafter set forth, and for
other good and valuable consideration, the receipt and sufficiency o f which are hereby acknowledged,
Legal Description: See Exhibits A and B Grantor hereby provides as follows:
Retmnto: J. Michael Bridges I- Easement. Grantor hereby grants and dedicates to Grantee, and its tenants, servants,
visitors, licensees, and invitees, successors, and assigns (“Grantee") a non-exclusive right and easement
Husch Blackwell, LLP for pedestrian and motor vehicle access on, over and across the Easement Area. The easement and other
901St. Louis Street, Suite 1800 rights granted hereby are mutual and non-exclusive and are subject to use by others, including, but not
limited to. Grantor and its successors and assigns.
Springfield, Missouri 65806
2. Maintenance. Repair and Replacement. Grantor shall be responsible for all maintenance
and repairs to and replacements of the Easement Area is and when reasonably necessary to maintain the
pavement thereof in a good condition reasonably suitable for vehicular traffic, which shall Include,
This cover page is attached solely for the purpose of complying- with the requirements stated in without limitation, resurfacing, rescaling, snow and ice removal and general maintenance.
§§ 59310.2; 59313.2 RSMo 2001 of the Missouri Recording A ct The information provided on this Notwithstanding the foregoing, the Easement Area may be temporarily closed as deemed reasonably ■
necessary by Grantor, including, without limitation, for tho purpose o f preventing the acquisition of
cover page shall not be construed as either modifying or supplementing the substantive provisions o f the public rights therein and to discourage public use; however, in no event shall Grantor prevent, restrict, or
attached Access Easement In the event of a conflict between the provisions of the attached Access obstruct the free and uninterrupted use by Grantee under this easement.
Easement and the provisions o f this cover page, the attached Access Easement shall prevail and control. 3. Use o f Easement Area. Grantee shall not have the right to conduct any clearing,
alteration, construction or development activities of any kind w ithin the Easement Area and shall have no
right to placo or construct any structures, buildings or other improvements o f any kind within the
Presiding Commissioner/ ' / ^ ^ ; Eastern Commissioner ^ 1; Western Commissioner
GRANTOR:
Easement A rc i Grantee shall not have the right to encumber any interest o f Grantor in the Easement
THE SCHOOL OF THE OZARKS, A M ISSO U R I.
Area (including the granting of any mortgage), and shall have no right to create or permit to be created or
NON-PROFIT CORPORATION, a/k/a COLLEGE OF
to remain, any lien or charge upon the Easement Area by reason o f any labor or materials furnished or THE OZARKS
claimed to have been furnished to Grantee.
Charles F. Hughes, Vice President & CFO
4. Relocation. The Easement Area may be relocated by Grantor from time to time and at
any time as long as such other location would provide reasonable access to and from Grantee’s Property, STATE OF MISSOURI) '
and, in the event o f any such relocation, Grantor shall execute and record an amendment to this Easement )*»•
COUNTY b F TANEY )
reflective o f the same and granting Grantee rights to use the relocated Easement Area substantially similar
to those set forth in this Easement On t h is _____ day o f ________________ 2018, before me appeared Charles F. Hughes, Vice
President and Chief Financial Officer, to roe personally known, who, being by me duly sworn did say that
he is the Vice President and Chief Financial Officer of The School o f the Ozarks, a Missouri non-profit
5. Binding: Runs with the Land. This Easement shall inure to the benefit of Grantee and be corporation, a/k/a College o f the Ozarks, and that the foregoing instmment was signed and by him on
binding upon Grantor and their respective successors or assigns. This Easement shalf be deemed a behalf of and as the free act and deed o f said corporation.
covenant running with the title to Grantor’s Property and Grantee's Property. Grantor agrees that the IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal in the
easement granted herein is to be held by Grantee and its successors and assigns apj)urtenant to Grantee’s County and State aforesaid, the day and year first above written.
Property.
Notary Public
6. Governing law . H is Easement shall be construed and interpreted in accordance with,
and governed by, the laws of the State of Missouri.
7. Modification. Except with respect to relocation o f the Easement Area as set forth in
Section 4 above, this Easement may be modified or amended only upon execution and recording o f a
written instrument signed by both Grantor and Grantee or their respective successors or assigns. EXHIBIT A
8. Severability. The unenforceability o f any provision set forth herein shall not affect any G rantee's Property
other provision. Whenever possible, each provision shall be interpreted in such a manner as to be valid
under Missouri law. If any provision is deemed to be invalid or prohibited under applicable law, such A ll o f Lots 9, 10 aod 11 in Block 45 in Acacia Club Grounds Subdivision, T aney County, Missouri, as
per the recorded plat thereof.
provision shall be ineffective to the extent o f such invalidity or prohibition, without invalidating the
remainder o f such provision or the remaining provisions.
IN WITNESS WHEREOF, Grantor has executed this Easement on the___ day o f_ _ _ _ _ _ _ _ _
2018, to be effective as o f the Effective Date.
lix im u m
I -»U«I P m b M ho o f l!a»miBiil A im
A PART OH T in i NOHTIIIiAST QUARTER OF SUCTION IB. TOWNSHIP 22 NORT1I. HANOI! 21
W llST. TANUY COUNTY. MISSOURI. HHINO MORI! 1'ARTICUl.ARl.Y DESCRIBED AS
I'OUXJW S: BEGINNING AT THU NORTHEAST CORNIIR BLOCK 30. ACACIA CLUB
GROUNDS; THENCE SOUTH 60 DEGREES 03 MINUTES 27 SECONDS WEST 147.31 FBBTl
TIIUNCB NORM I 29 DI!GKKES 56 MINUTES 33 SECONDS WEST 49.82 m i IT; THENCE NORTH
59 DEOREES 59 MINUTES 45 SECONDS EAST 170.13 FEET; THENCE NOR1II 57 DEGREES 35
MINUTES 23 SHCONDS EAST 60.37 FEET; THENCE ALONO A 425.00 FOOT HADIUS CURVE
t o t h u R i a i r r a n d s a i p r i g h t - o f - w a y 425.30 f e e t , s a i d c u r v e h a v i n o a c h o r d
IIEARINO OF NORTH 10 DEOKBUS 00 MINUTES 54 SECONDS EAST AND A CHORD
DIMENSION OF 401.00 FEET: THUNCH SOUTH 65 DEOItEILS 17 MINtJTES 5« SUCONDH EAST
147.67 FEET; T ill INCH SOUTH 34 DEOREES 57 MINUTES 33 SUCONDS HAST 911.911 FEET;
THKNCH NORTH 65 DUOUUIiS 17 MINUTES 51 SECONDS WUST 233.09 FEltT; TIIHNCU ALONO
A 375.00 FOOI' RADIUS CURVE TO 11 IE LOUT AND SAID RIOHT OF-WAY 375.49 FEBT, SAID
CURVE IIAVINO A CHORD IIEAHINO OF SOUTH »6 DllOREES OO MINUTES 54 SECONDS
WEST AND A CHORD DIMENSION O F 360.00 FEET; 'IHIINCE SOUTH 57 DHOIUIES 19
MINUTES 46 SUCONDS WEST 61.24 FEET; THENCE SOUTH 60 DUOHUES 03 M lN im iS 27
SUCONDS WEST 30.34 FEET TO THE l*01NT OF nUCllNNINO CONTA1NINO 0,95 ACRES MORE
OR LESS. SUBJECT TO ANY AND A IX ENCUMBRANCES AND RIGHTS RECORDED OR
UNRECORDED.
EXHIBIT C
O rpiclion o f Easement Area
[follows this cover page]
Commissioner Williams moved to enter into record Exhibit B (second order) dated April 2nd,
2018. Commissioner Wyatt seconded the motion with discussion. The motion passed by vote:
Scofield (aye), Williams (aye), and Wyatt (aye).
Commissioner Williams moved to enter into record Exhibit C (revised proposed order) & D
(easement) dated April 2nd, 2018. Commissioner Wyatt seconded the motion. The motion passed
by vote: Scofield (aye), Williams (aye), and Wyatt (aye).
Presiding Commissioner Scofield asked the audience if there were any objections and no one
spoke.
Commissioner Williams moved to approve the proposed order to vacate part of Acacia Club
Road as presented in Exhibit C. Commissioner Wyatt seconded the motion. The motion passed
by vote: Scofield (aye), Williams (aye), and Wyatt (aye).
APPROVE ACCOUNTS PAYABLE
Commissioner Williams moved to approve Checks #449123 thru #449203, No Warrants, and no
journal entries or transfers. Commissioner Wyatt seconded the motion. The motion passed by
vote: Scofield (aye), Williams (aye), and Wyatt (aye).
Presiding Commissioner ; Eastern Commissioner^. \Q ; Western Commissioner )
APPROVAL OF PREVIOUS MEETING MINUTES
Commissioner Williams moved to approve Previous Meeting Minutes dated March 26th, 2018
with corrections. Commissioner Wyatt seconded the motion. The motion passed by vote:
Scofield (aye), Williams (aye), and Wyatt (aye).
Commissioner Williams moved to approve Executive Session Minutes March 26th, 2018 with
corrections. Commissioner Wyatt seconded the motion. The motion passed by vote: Scofield
(aye), Williams (aye), and Wyatt (aye).
th -
Commissioner Williams moved to approve Previous Meeting Minutes dated March 28 ,2018.
Commissioner Wyatt seconded the motion. The motion passed by vote: Scofield (aye), Williams
(aye), and Wyatt (aye).
Commissioner Williams moved to approve Executive Session Minutes dated March 28th, 2018.
Commissioner Wyatt seconded the motion. The motion passed by vote: Scofield (aye), Williams
(aye), and Wyatt (aye).
APPROVAL OF PAYROLL
Commissioner Williams moved to Approve Payroll. Commissioner Wyatt seconded the motion.
The motion passed by vote: Scofield (aye), Williams (aye), and Wyatt (aye).
TANEY COUNTY COLLECTOR’S ANNUAL SETTLEMENT
Mona Cope, Taney County Collector, and Donna Neeley, Taney County Clerk, came before the
Commission to present the Collector’s Annual Settlement according to RSMO 139.160, 139.190,
and 52.361. Mrs. Cope also wanted to submit the delinquent list which is known as the back tax
book RSMO 52.361.
Commission Wyatt made a motion to enter into record the delinquent list as presented per
RSMO 139.140. Commissioner Williams seconded with discussion. The motion passed by vote:
Scofield (aye), Williams (aye), and Wyatt (aye).
Commissioner Wyatt made a motion that the County Commission cause the Collector’s Annual
Settlement to be entered into record per statue. Commissioner Williams seconded the motion.
The motion passed by vote: Scofield (aye), Williams (aye), and Wyatt (aye).
Mrs. Neeley stated that the Collector and the Clerk both match on their numbers for the
settlement and balanced.
Commissioner Williams moved to enter into record Form 1313 as presented by the County
Clerk. Commissioner Wyatt seconded the motion. The motion passed by vote: Scofield (aye),
Williams (aye), and Wyatt (aye).
FILL DIRT AGREEMENT - BRADLEYVILLE NAZARENE CHURCH
IN W IT N E SS W H E R E O F T 1IE PA R T IE S H A V E E X E C U T E D T H IS
F IL L D IR T A G R E E M E N T
A G R E E M E N T O N T IIE D A T E SE T E O R T II I1KI.OW.
C O M E S N O W the Taney County Commission on behalf o f Taney County, .Missouri, OW NER
(hereinafter "Taney County”) and enters into this agreement with t
(hereinafter Owner), regarding the dumping o f dirt fill on Owner's property, and the particulars o f
the agreement are as follows:
W ITN E S S E TH : lL ,2 .'lit A.). ."54■ 1-2.5
Ow ner's A ddress '
W H E R E A S . Taney County, Missouri's Road and Bridge Department would benefit from a Phone Number: (i 4 n 'i 2*iI- l4 k S n u n •b t- .i" M > T ty S i m s
location near ongoing construction to dump excess and unneeded fill dirt; and,
Date: ___________
W H E R E A S , having said location would save Taney County's Road and Bridge Department a
considerable amount in hauling costs; and
W H E R E A S , Owner will benefit from having needed fill dirt dumped on Owner's property;
N O W TH E R E F O R E I T IS A G R E E D A N D C O V E N A N T E D B E T W E E N TH E
P AR TIES AS FOLLO W S:
General Provisions.
Taney County, as the need arises, is granted permission by Owner to dump fill dirt upon
locations on O w ners property that Owner has previously designated to receive such material. T lic T oney C ounty C lerk. D onna N eeley hereby a ttests that th e Presiding Com m issioner
o f the T oney C ounty C om m ission, M ike Scofield, signed this agreem ent on b e h a lf o f the T oney
Tent! and Notice. C ou nty C om m ission pursuant to a previously passed m otion o f th e T oney C ounty C om m ission.
The term o f this agreement shall commencc upon the first dato upon which all parties have signed
this agreement and shall continue until terminated by one party o r the o th e r.
Hold Harmless
Owner agrees that it will hold Toney County, its employees, representatives, heirs and assigns A u d ito r's C e rtification
T he undersigned, as Budget O fflccr for llio C ounty o f T oney, c ertifies that there is a balance
harmless from any claim s arising from or relating to this agreement except f o r any gross negligence. olherw ifo unencum bered in the county treasury to the credit o f th e appropriation to w hich th e
financial obligation im posed upon th e c ounty by th is agreem ent Is to be charged, ond there is o
If 3 loads or less needs approval o f Road & Bridge Assistant Administrator only. c ash balance otherw ise unencum bered In the county treasury to th e credit o f th e fund from whic'
paym ent is to be mado, each sufficient to m eet th e ob ligation Incurred. Section S 0.S 30(I) &
S ection 50.660 RSM o.
V A / / /
Randy H ae s.^ ’Sfney C ounty H ighw ay A dm inistrator Dole: Rick Findley, Toney C ounty Audll^f"
Auditi
210
Presiding Commissioner Eastern Commissione^T \s0 ; Western Commissioner- / ^ j
Commissioner Williams moved to approve the Fill Dirt Agreement by and between Taney
County and Bradleyville Nazarene Church. Commissioner Wyatt seconded the motion. The
motion passed by vote: Scofield (aye), Williams (aye), and Wyatt (aye).
FILL DIRT AGREEMENT - MIKE TUCKER
F IL L D IR T A G R E H V E N T IN W ITNESS W HEREOF TH E PARTIES HAVE EXECUTED THIS
A GREEM ENT ON TH E DATE SE T FORTH BELOW.
C O M E S N O W the Tnncy County Com mission on behalf o f Tnncy County, .Missouri,
(hereinafter “Taney County") and enters into this agreem ent with /V \lK s ~ ________
(hereinafter Owner), regarding the dumping o f dirt fill on Ow ner's property, and the particulars of
the agreement arc as follows: Mlj f 7*LhT.____
Owner's Name
W IT N E S S E T H :
O w ners Address
W H E R E A S , Taney County, Missouri's Road and Bridge Department w ould benefit from a
location near ongoing construction to dum p excess and unneeded (ill dirt; and, Phone Number:
W H E R E A S , having said location would save T aney County’s Road and Bridge Department a
Date: ?J U ________
considerable amount in hauling costs; and
TANEY C OUNTY. M ISSOURI i
W H E R E A S , O w ner will benefit from having needed fill dirt dumped on Owner's property;
N O W T H E R E F O R E I T IS A G R E E D A N D C O V E N A N T E D B E T W E E N T H E Mike Scofield, Presiding Commissioner
P A R T IE S A S F O L L O W S : T aney County Com rr/sslon
General Provisions.
T aney County, as the need arises, is granted permission by Ow ner to dum p fill dirt upon
locations on Owner’s property that O w ner has previously designated to receive such material.
T he T aney C ounty Clerk, Donna N eeley hereby attests that the Presiding Com m issioner
o f th e Tnncy C ounty C om m ission, M ike Scofield, signed this agreem ent on bclinlf o f the T aney
Term and Notice.
C ounty Com m ission pursuant to a previously passed m otion o f the T oney C ounty C om m ission.
T he term o f this agreem ent shall commence upon the first date upon which all parties have signed
this agreement and shall continue until term inated by one party o r the o th e r. f l-Z / J D ale:_____ ---------------------------------------------
Donna Neeley, Tntwy C oum ^C lcrk
Hold H armless
O w ner agrees that it will hold Taney County, its employees, representatives, heirs and assigns Auditor's Certification
harmless from any claim s arising from or relating to this agreement except f o r any gross negligence. T he undersigned, a s Budget O fficer fo r the C ounty o fT a n e y , certifies that there is a balance
otherw ise unencum bered in the county treasury to the credit o f the appropriation to w hich the
financial obligation im posed upon the county by this agreem ent is to be charged, and there is a
I f 3 loads o r less needs approval o f Road & Bridge Assistant A dministrator only. cash balance otherw ise unencum bered in the county treasury to the credit o f the fund from which
paym ent Is to be m ade, each sufficient to m eet the obligation incurred. Section 50.530(1) &
Section 50.660 RSM o.
_____________________
R an d y H aes, Tj»dcy C o u n ty H ig h w ay A d m in istra to r
______ D ate:
o ___
Rick Findley, T aney County A uditor
Commissioner Williams moved to approve the Fill Dirt Agreement by and between Taney
County and Mike Tucker. Commissioner Wyatt seconded the motion with discussion. The
motion passed by vote: Scofield (aye), Williams (aye), and Wyatt (aye).
ANIMAL CONTROL JURISDICTIONAL AGREEMENT - VILLAGE OF BULL
CREEK #18-002AC
AGREEM ENT A ll A n im a ls o v e r th e a g e o f fo u r ( 4 ) m o n th s th a t a re tr a n s fe rr e d o u t o f th e
(A n im a l C o n tro l) F a c ility s h a ll b e v o c c in a tc d f o r ra b ie s , o r in th e e v e n t th e A n im a l is r e d e e m e d
b y th e o w n e r , th e o w n e r sh a ll p r o v id e p r o o f o f th e A n im a l's r a b ie s v a c c in a tio n .
T H IS A G R E E M E N T , m ade an d e ntered in to o n th is J t d d ay o f ( i f . u J _______ I f th e A n im a l is r e d e e m e d b y th e o w n e r , a n d th e o w n e r is u n a b le to p r o v id e
(“E ffectiv e D ate"), b y an d betw een T aney C ounty, M issouri (“ C ounty”), a cou n ty o f the first p r o o f o f th e A n im a l's r a b ie s v a c c in a tio n , th e C o u n ty sh a ll c h a r g e th e o w n e r f o r
c lassificatio n , and the C ity o f f f u l i - (“C ity "), a c ity o f th e yJtli-Ui classification. th e r a b ie s v a c c in a tio n ( a “ F e e ” ), p u r s u a n t to th e sc h e d u le o f f e e s a tta c h e d h e re to
a n d in c o rp o r a te d h e re in b y r e f e r e n c e a s S c h e d u le A . I f th e A n im a l is n o t
W IT N E SS: c la im e d a n d r e d e e m e d b y th e o w n e r , th e C ity s h a ll b e r e s p o n s ib le f o r p a y m e n t
o f th e F e e t o th e C o u n ty .
W H E R E A S , the C o u n ty o w n s an d op erates an anim al co n tro l facility (“ Facility") for the
p u rp o se o f p ro v id in g care fo r lost, stray , vicious, sick and injured an im als an d (“A nim als” ); and
c. R e d e m p tio n . T h e C o u n ty sh a ll c h a r g e th e R e d e m p tio n F e e se t fo rth in S c h e d u le
A f o r a n o w n e r o f a n A n im a l to c la im a n d r e d e e m th e A n im a l fro m th e c u s to d y
W H E R E A S , the C o u n ty and C ity d e sire to e n ter in to this A greem en t to en ab le th e C ity to
o f th e F a c ility .
u tilize th e F acility an d th e reso u rces o f the C o u n ty for th e tem p o rary shelter and care o f A nim als;
and
d. T r a n s f e r to R e s c u e . U p o n th e r e q u e s t o f th e C ity , th e C o u n ty s h a ll tr a n s f e r a n
W H E R E A S , th e C ounty and C ity d esire to set forth the resp ectiv e d u ties and A n im a l t o r e s c u e f o r th e c o s t o f th e R a b ie s V a c c in a tio n s e t fo rth in S c h e d u le A
resp o n sib ilities o f th e parties; and p lu s th e a c tu a l c o s t o f fu e l a n d tim e to tr a n s p o rt th e A n im a l to a r e s c u e f a c ility ,
to b e p a id b y th e C ity .
W H E R E A S , scction 7 0 .2 2 0 , R S M o , p erm its political su b d iv isio n s to contract and
c o o perate w ith o n e an o th er for th e p lan n in g , d ev elo p m en t, co n stru ctio n , acq u isitio n o r operation e. A d o p tio n . In th e e v e n t th e o w n e r o f a n A n im a l is n o t lo c a te d a n d th e A n im a l
o f a n y p u b lic im p ro v em en t o r facility o r c o m m o n service; and is n o t c la im e d b y th e o w n e r a n d re d e e m e d , th e C o u n ty m a y a d o p t a n A n im a l in
th e c u s to d y o f th e F a c ility in a c c o rd a n c e w ith th e C o u n ty ’s p o lic y o n a d o p tio n s .
N O W , T H E R E F O R E , in c o n sid eratio n o f th e m u tu al pro m ise s an d co v en a n ts set forth T h e A d o p tio n F e e s e t fo rth in S c h e d u le A c o v e r s th e c o s t o f v e te r in a ry se rv ic e s ,
h erein , the p arties ag ree as follow s: in c lu d in g r a b ie s v a c c in a tio n a n d m ic r o c h ip p in g , w h ic h sh a ll b e p a id b y th e
p e rs o n a d o p tin g th e A n im a l, to th e C o u n ty .
1. T erm . T h e term o f th is A g reem en t shall b e from th e E ffective D ate to D ecem bct
31, 2 0 1 8 , an d shall au to m atically ren ew for a dditional o n e (1 ) y e a r te rm s u n less term inated by 3. N on-Covcred Services.,
eith er o f th e parties.
a. A n im a l P ic k u p : T r a n s p o r ta tio n . T h e C ity sh a ll b e r e s p o n s ib le f o r tra n s p o rtin g
2. CfflBBt Scrvto?. A n im a ls t o th e F a c ility w ith its p e rs o n n e l a n d a t its o w n e x p e n s e . T h e C ity
sh a ll b e r e s p o n s ib le f o r th e c u s to d y , c a r e a n d c o n tro l o f A n im a ls p ic k e d u p o r
a. C are o f A n im als. In c o n sid eratio n o f the Intake Fee set forth in Schedule A. d e liv e r e d to th e C i ty o u ts id e o f th e F a c ility ’s r e g u la r b u s in e s s h o u r s a t th e C i t y 's
the C o un ty sh all p rov ide a p p ro p riate food, w ater, b oarding, c lean ing supplies o w n f a c ility . T h e C ity s h a ll n o t b e p e rm itte d t o d e liv e r A n im a ls to th e F a c ility
and lab o r n e cessary in o rd er to c are for e ach A nim al accepted b y th e Facilit)
o u ts id e th e F a c ility 's r e g u la r b u s in e s s h o u r s .
for the p erio d o f tim e set forth in Sch ed u le A. T h e a dditional h olding fee shall
ap p ly for a n y A nim al h o u sed lo n g er th a n th e h o ld in g p erio d , as p rovided in
b. S is k PMl ln i'ir g 4 .A r .im jls ; V gtgfinflrian.I^[>9P.5g5, T h e F a c ility w ill n o t a c c e p t
Sch edu le A , at th e o p tio n o f th e C ity. In th e ev en t the o w n er o f an A nim al is
a n y s ic k o r in ju r e d A n im a ls , s u b je c t to th e s o le a n d a b s o lu te d is c r e tio n o f th e
n o t located an d th e A n im al is not c laim ed and redeem ed, th e C o un ty agrees tc
C o u n ty . S ic k a n d in ju r e d A n im a ls s h o u ld b e tr a n s p o rte d to th e C i ty ’s
attem pt to place eac h A n im al for ad option o r to pro v id e a hu m an e euthanasia.
d e s ig n a te d v e te r in a ria n . T h e C ity sh a ll b e r e s p o n s ib le f o r c o n tra c tin g w ith a
v e te r in a ria n in o r d e r t o p r o v id e n e c e s s a r y a n d a p p ro p r ia te v e te r in a ry c a r e f o r
b. Specified V accination o f A n im als. U pon tran sp o rtatio n an d acceptance o f ar
a n y A n im a l in its c u s to d y , a n d th e C ity sh a ll b e r e s p o n s ib le f o r a n y a n d a ll c o s ts
A n im al b y th e F a cility, th e C o u n ty shall v accinate: ( I ) a can in e A nim al fot
a s s o c ia te d w ith v e te r in a ria n c a r e p r o v id e d to A n im a ls in th e C i t y 's c u s to d y o r
p arvo an d u p per resp irato ry /k en n el cou g h ; o r (2 ) a feline A n im al fo r leukem u
c o n tro l. I f a f te r th e in ta k e o f th e a n im a l, th e F a c ility h a s r e a s o n t o b e lie v e a n
an d u p per resp irato ry /k en n el c o u g h , p u rsu an t to th e F a c ility 's M isso u r
D epartm ent o f A g ricu ltu re License. A n im a l is s ic k , in th e d is c r e tio n o f th e F a c ility , a n d is in n e e d o f v e te r in a ry c a r e ,
Presiding Commissioner ; Eastern Commissioner^ U j i Western Commissioner •*£?_)
C ity shall be responsible for c o sts incurred in o rd er to stabilize the w ellness o r
the A nim al. 10. Amendments. This Agreement may not be amended, altered, o r m odified except
c. Stray H old. T h e Facility will hold stray an im als a t the request o f th e C ity, and
by an instrument in writing duly executed by the parties hereto.
the C ity shall b e responsible for the fees incurred.
4. Fees. In consideration for the Services described in paragraph 2 , the C ity shall pay 11. Severability. If any provision o f this Agreement o r any application thereof is
to C ounty the fees (each a “ Fee") set forth in Schedule A , w hich is attached h ereto and incorporated
herein by reference.
determined by a court o f competent jurisdiction to be invalid, illegal, or unenforceable in any
respect, the validity, legality, and enforceability o f the rem aining provisions o r any application
5. Invoices and Billing: Paym ent. T he C ity shall com plete an im pound form requiring
such inform ation a s is required b y the C ounty for each A nim al presented to th e Facility for thereof shall not be affected or impaired.
acceptance. T h e C ounty shall m aintain a ledger o f the date, tim e, species, and description o f each
A nim al d elivered to and accepted b y the Facility. T h e C ounty shall subm it an invoice to the C ity
o n a m onthly b asis co n tain in g a description o f the services provided by the C ounty to the C ity 12. Section Headings. Section headings are for convenience only and shall have no
u nder th is A greem ent. T h e C ity shall pay each invoice w ithin 3 0 d ay s o f th e date o f the invoice.
legal effect o r significance.
6. Term ination. T his A greem ent m ay b e term inated b y the C ounty o r C ity upon for
an y o f the follow ing reaso n s o r under an y o f the follow ing circum stances:
13. Entire Agreement. This Agreement constitutes the entire agreem ent between the
a. U pon thirty (30) d ay s advance w ritten notice b y eith er party;
parties and supersedes any prior negotiations, w ritten or verbal, and any other bid or bid
b. D ue to a m aterial breach o f a n y term o r condition o f th is agreem ent; or
specifications or contractual agreement.
c. I f appropriations are n o t m ad e available and b udgeted for any calendar year.
7. A ssignm ent. T his A greem ent m ay not b e assigned b y eith er party w ithout w ritten 14. Governing Law: Venue. This Agreement shall be governed by the laws o f the state
consent b y th e oth er party.
o f Missouri. Venue for any dispute arising out o f the formation, interpretation, or claim s regarding
8. N otices. A ll notices, d em ands and requests to b e g iven h ereunder by either party
shall be in w riting and m ust be sent by certified m ail and shall be d eem ed properly given iftendered
a breach o f this Agreement shall be solely and exclusively in the Circuit Court o f Taney County,
a t the address set forth b elow o r a t such o th er address a s eith er party shall designate by w ritten Missouri.
notice to th e o th e r
If to County: T aney C ounty
132 D avid Street / P.O . Box 1086
15. Authority. T he parties represent and warrant that all actions necessary in order to
Forsyth, M issouri 65653 create a legal, valid, and binding agreem ent between the parties have been taken prior to execution
o f this Agreement.
[Remainder o f Page Intentionally B lank -S ig nature Page Follows]
9. Binding E ffect. T h is A greem ent shall be b inding upon the parties h ereto and their
successors and assig n s fo r so long as this A greem ent rem ain s in full force and effect.
IN W IT N E SS W H E R EO F, the parties hereto have caused this A greem ent to be executed
Schedule A by their representative officers or officials.
T H E C IT Y O F B i t / / C r t.< k
Description Fee
By:
M A Y OR
Intake/Holding Fee $80.00 Per Animal - 7 Days
CIT Y C L E R K '
Additional Holding Fee $10.00 Per Day
Rabies Vaccination S30.00 Per Animal T A N E Y C O U N T Y , M IS S O U R I
Transfer Fee 50.37/mile
Adoption Fee $95.00 Per Animal M IK E SC O FIE LD
- A __
Euthanasia $35.00 Per Animal PR E SID IN G CO M M IS SIO N
NER
Disposition/Disposal $22.00 Per Animal
—
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Commissioner Wyatt moved to approve the agreement by and between Taney County and
Village of Bull Creek for the Animal Control Jurisdictional Agreement. Commissioner Williams
seconded the motion. The motion passed by vote: Scofield (aye), Williams (aye), and Wyatt
(aye).
ANIMAL CONTROL JURISDICTIONAL AGREEMENT - CITY OF BRANSON #18-
002AC
Commissioner Wyatt moved to table. Commissioner Williams seconded the motion. The motion
passed by vote: Scofield (aye), Williams (aye), and Wyatt (aye).
PARK BOARD DISCUSSION
Clint Hilliard and Olen Tate from the Park Board came before the Commission to get approval
for future improvements which include:
Project 1 - Mincy Park which includes a berm for flooding and remodeling of bathrooms
Project 2 - Bulletin Boards for Parks
Project 3 - General maintenance all on parks
Project 4 - K Park has tables that need to be redone plus other general maintenance
Commissioner Williams moved to approve the Taney County Park Board Projects for 2018 as
presented. Commissioner Wyatt seconded the motion. The motion passed by vote: Scofield
(aye), Williams (aye), and Wyatt (aye).
~ 212
Presiding Commissioner /fttA-:, Eastern Commissioner ^ ^ ; Western Commissioner -*k J
ROAD PETITIONS
Devin Huff, Road & Bridge Assistant Administrator, and Denzil Brown came before the
Commission to present the Road Petitions.
• Fishers Spring Rd, Grist Mill Rd, & Moberly Mill Rd
Commissioner Williams moved to bring into the County Road System Fishers Spring Rd, Grist
Mill Rd, & Moberly Mill Rd. Commissioner Wyatt seconded the motion. The motion passed by
vote: Scofield (aye), Williams (aye), and Wyatt (aye).
• Round Hill & Shadow Lake Dr
Commissioner Williams moved to deny Round Hill & Shadow Lake Dr Road Petitions.
Commissioner Wyatt seconded the motion. The motion passed by vote: Scofield (aye), Williams
(aye), and Wyatt (aye).
• Timber Ridge Circle
Commissioner Williams moved to table Timber Ridge Circle. Commissioner Wyatt seconded the
motion. The motion passed by vote: Scofield (aye), Williams (aye), and Wyatt (aye).
• Hillcrest Dr
Commissioner Williams moved to enter into the Taney County Road System Hillcrest Dr.
Commissioner Wyatt seconded the motion. The motion passed by vote: Scofield (aye), Williams
(aye), and Wyatt (aye).
BRANSON ADVENTURES REDEVELOPMENT PLAN - PROPOSAL REGARDING
PLEDGE OF COUNTY SUPPLEMENTAL TIF REVENUE
A number of local business owners: Gail Myers, Dan Ruta, Billy Ong, plus Rick Findley, Taney
County Auditor and Chuck Pennel, Taney County Assessor came before the Commission to
express their concerns about the Branson Adventures Redevelopment Plan.
Discussion ensued
Presiding Commissioner Scofield made a motion to move to enter into negotiations for the
pledge of the County Supplemental TIF Revenue with respect to the Branson Adventures TIF
project in the event the City of Branson votes to approve the TIF plan and pledge the city
supplemental TIF revenue. No seconds. Motion dies to lack of second.
RECESS
10:47 a.m.
RECONVENE
10:48 a.m.
Donna Neeley came before the commission to ask for a motion that the County has no intention
of providing any supplemental TIF amounts so it is clear that the subject is done.
No motions were made.
RECESS
10:50 a.m.
RECONVENE
11:17 a.m.
DAILY STAFF REVIEW & AGENDA REQUESTS
(Taney County Commission Conference Room)
The Commission met with their staff to review the day’s business and go over agenda requests.
ADJOURNMENT
Presiding Commissioner j f l A ; Eastern Commissioner ^ - U; Western Commissioner
Commissioner Williams moved to adjourn. Commissioner Wyatt seconded the motion. The
motion passed by vote: Scofield (aye), Williams (aye), and Wyatt (aye).
ADJOURN
11:37 a.m.
The Minutes were taken and typed by Deputy Clerk April Deal.
Presiding Commissioner/ ^ ^ ; Eastern Commissioned U_4-Western Commissioner
Commission Minutes
The original county PDF remains the downloadable record artifact and the printable source document.