04 April 2004 Regular MINUTES OF THE VAN BUREN, ARKANSAS
CITY COUNCIL MEETING HELD APRIL 19, 2004
The City Council of the City of Van Buren, Arkansas met at 7:00 p.m., Monday, April 19, 2004 at City Hall.
The meeting was called to order by Mayor Riggs, presidingOfficer. On roll call the following members answered
as their names were called: Alderman Swaim, Parker, Moore, Dodd, Spoon and Barker. City Attorney Candice
Settle-Beshears and City Clerk Barbie Curtis were also present. This made a total of nine (9)present. A quorum
was declared.
The Invocation was given by Bob Freeman, Chairman of the Planning Commission.
Next the Mayor led the Pledge of Allegiance.
Mayor Riggs told about the Dedication of the John Riggs Field at the Field of Dreams. He said the dedication
was held at the Field of Dreams and also a Plaque was presented by Alan Swaim, for all the work and interest the
Mayor had done for the Field of Dreams. The Mayor said Ron Tellefson, President 1 CEO of the Babe Ruth
Baseball along with Debra Home, Executive Vice President of Planning and Development and James Wagoner,
SIW Regional Commissioner of Babe Ruth Baseball attended the Ceremony.
On the agenda next, Mayor Riggs asked to adopt the minutes of the Council Meeting
on
e motion. 15,On 2004.
roll call the
Alderman Parker made a motion to approve the minutes. Alderman Swaim seconded
tfollowing Council members voted aye: Alderman Swaim, Parker, Spoon, Dodd, Spoon and Barker. The following
voted nay: none.
On the agenda next was to consider A RESOLUTION SETTING A PUBLIC HEARING FOR THE
ABANDONMENT OF A PORTION OF WEST AVENUE IN THE CITY OF VAN BUREN, ARKANSAS.
The Clerk read the Resolution in its entirety. The Mayor asked if there was any discussion. There was none.
Alderman Swaim seconded by Alderman Spoon moved that the Resolution be adopted. The question was put by
Mayor Riggs on the adoption of the motion and the roll being called, the following voted aye: Alderman Swaim,
Parker, Moore, Dodd, Spoon and Barker. And the following voted nay: none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the
City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 4-1-2004
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. + I -2004
A RESOLUTION SETTING A PUBLIC HEARING FOR THE ABANDONMENT NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
OF A PORTION OF WEST AVENUE IN THE CITY OF VAN BUREN, CITY OF VAN BUREN,ARKANSAS:
ARKANSAS. SECTION 1: That a Public Hearing is set for May 17, 2004,at 7:00 P.M.,at
which time said Petition shall be presented to the City Council and
WHEREAS, Lisa Y. Darden,City Lance E. Van Buren,and Trina vacateGand abandonYerby have the Council will determine at that time whether such property
petitionedrthe West Avenue Council of Van to 1,Darden a should be abandoned as a street and that all abutting property
portion of lying between Lot Addition to
the City of Van Buren and the following described property: owners and other persons directly interested have consented to
such abandonment.
Part of the NE/4,SW/4 of Section 24,T9N,R32W,Van Buren, SECTION 2: That the City Clerk of Van Buren,Arkansas is hereby directed to
Crawford County,Arkansas,more particularly described as give notice by publication once a week for two weeks in some
Follows: Beginning at a point 30'North 02 degrees 01 minutes newspaper published in Crawford County advising the property
23 seconds West of the Northwest corner of Lot 1,Block P, owners affected that on said date and time the Council will hear
Mountain View Addition;thence North 86 degrees 43 minutes said Petition.
03 seconds East 155.60'South line of Block T,Mountain View
Addition;thence South 86 degrees 43 minutes 03 seconds WestPASSED AND APPROVED THIS �OI''DAY OF APRIL,2004.
of Block T;thence North 02 degrees 01 minutes 23 seconds
West 267.00'along the West line of Mountain View Addition to
the Point of Beginning,containing 0.95 acres more or less. MA RJOH GGS
WHEREAS, The Petitioners own all the property adjoining those portions of the ATTESTED:
above described;and,
. (402;-g—
( A .�
WHEREAS, The City Council of Van Buren, Arkansas, acting under the CITY C,tLE�RK/I'RE( ASS,(a.
URER
authority of Arkansas Code Annotated,Section 14-301-301 has the
authority to abandon streets and alleys. .
I
On the agenda next was to consider A RESOLUTION APPROVING REPLAT OF LOTS 4, 5 & 6 OF
CMSI COMMERCIAL PARK IN THE CITY OF VAN BUREN, ARKANSAS. The Clerk read the
Resolution in its entirety. The Mayor asked if there was any discussion. There was none. Alderman Swaim
seconded by Alderman Parker moved that the Resolution be adopted. The question was put by Mayor Riggs on the
adoption of the motion and the roll being called, the following voted aye: Alderman Swaim, Parker, Moore, Dodd,
Spoon and Barker. And the following voted nay: none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the
City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 4-2-2004
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. y-2. -2004
A RESOLUTION APPROVING REPLAT OF LOTS 4, 5 & 6 OF CMSI
COMMERCIAL PARK IN THE CITY OF VAN BUREN,ARKANSAS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF VAN BUREN,
ARKANSAS:
SECTION 1: THAT subject to the assurances provided in the Sub-Division
Regulations being executed to assure that all improvements are put
in, Replat of Lots 4, 5, and 6, CMSI Commercial Park in the City
of Van Buren, is approved.
SECTION 2: THAT the Mayor is authorized and directed to sign said plat plan
and the City Clerk is authorized and directed to attest same upon
the filing of the assurities mentioned above.
PASSED AND APPROVED THIS I' ,pAY OF APRIL,2004.
MAYOR JOHN 111 GS
ATTESTED:
L-6-6Lat;it- CLUGL
CITY CLERK/TREASURER
On the agenda next was to consider A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR
TO ADVERTISE FOR BIDS ON PROPERTY INSURANCE. The Clerk read the Resolution in its entirety.
The Mayor asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman Dodd
moved that the Resolution be adopted. The question was put by Mayor Riggs on the adoption of the motion and the
roll being called, the following voted aye: Alderman Swaim, Parker, Moore, Dodd, Spoon and Barker. And the
following voted nay: none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the
City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 4-3-2004
•
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. 9 "3 -2004
A RESOLUTION AUTHORIZING AND DIRECTING THE MAYOR TO
ADVERTISE FOR BIDS ON PROPERTY INSURANCE.
WHEREAS, The Mayor of Van Buren needs to advertise for bids on Property
Insurance,which expires June 25, 2004.
NOW,THEREFORE,BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF VAN BUREN,ARKANSAS:
SECTION 1: THAT the Mayor is authorized and directed to cause to be drafted
a list of needed insurance.
SECTION 2: THAT after said list i�prepared and incorporated into a Notice to
Bidders, the City Clerk is authorized and directed to advertise for
bids for said insurance.
PASSED AND APPROVED THIS 19th DAY OF APRIL,2004.
•
MAY l+4' JOHN 'ye S
ATTESTED:
(LUTLA:
CITY CLERK-TRE-
LERK TREASURER
s �
6
On the agenda next was to consider A RESOLUTION DECLARING A STRUCTURE TO BE A
NUISANCE AND DECLARING CONDEMNATION. The Clerk read the Resolution in its entirety. The
Mayor asked if there was any discussion. There was none. Alderman Swaim seconded by Alderman Parker
moved that the Resolution be adopted. The question was put by Mayor Riggs on the adoption of the motion and the
roll being called, the following voted aye: Alderman Swaim, Parker, Moore, Dodd, Spoon and Barker. And the
following voted nay: none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the
City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 4-4-2004
•
CITY OF VAN BUREN,ARKANSAS •
RESOLUTION NO. 4_4 -2004
A RESOLUTION DECLARING A STRUCTURE TO BE A NUISANCE AND
DECLARING CONDEMNATION.
WHEREAS, Verner Contracting, Inc., is the record owner of certain property located in the
City of Van Buren, Crawford County, Arkansas,which is located at 213 Drennen
Street,Van Buren,Arkansas;and
WHEREAS, The structure which is presently located upon said property is in a deplorable state
of disrepair and in such a condition that it constitutes a health and safety hazard to
the citizens of Van Buren and especially to those living in that neighborhood;and,
WHEREAS, Under authority of A.C.A. § 14-56-203 and Van Buren Ordinance No. 26-1997, ;
the City, through its City Council, can declare said property to be a nuisance and
require its removal within 30 days.
NOW,THEREFORE,BE IT RESOLVED BY,,,THE CITY COUNCIL OF THE CITY OF
VAN BUREN,ARKANSAS:
SECTION 1: That the structure and conditions described above are hereby declared a nuisance,
and it is hereby ordered that the property shall be cleaned up,and the structure(s)
shall be removed within 30 days of the receipt by the owner of this Resolution.
PASSED AND APPROVED THIS I "1 DAY OF APRIL,2004.
MAYO OHN F4WS
ATTESTED:
4414;A--
CITY CLERK\TREASURER
On the agenda next was to consider A RESOLUTION AUTHORIZING THE MAYOR TO DISPOSE OF
FLXED ASSETS BY SEALED BID. The Clerk read the Resolution in its entirety. The Mayor asked if there was
any discussion. There was none. Alderman Swaim seconded by Alderman Spoon moved that the Resolution be
adopted. The question was put by Mayor Riggs on the adoption of the motion and the roll being called, the
following voted aye: Alderman Swaim, Parker, Moore, Dodd, Spoon and Barker. And the following voted nay:
none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the City
Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 4-5-2004
CITY OF VAN BUREN,ARKANSAS
RESOLUTION NO. 4- 5 -2004
A RESOLUTION AUTHORIZING THE MAYOR TO DISPOSE OF FIXED ASSETS BY
SEALED BID.
WHEREAS, The City of Van Buren has several items which are beyond repair and are
no longer needed by the City;and
WHEREAS, After an inventory of Fixed Assets, it is recommended by our State
Auditor that these items be removed from our Fixed Asset Inventory.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS:
SECTION 1: That the Mayor is hereby authorized to dispose of the following assets by
sealed bid and is authorized to remove same from the Fixed Asset
Inventory:
Department Amount Description Control#
Police $3,888.78 D-Best Computer Server Unit PD-390
Police $1,658.00 Digital Concepts Computer PD-408
Police $1,002.38 D-Best Computer System PD-403
Police $4,869.00 Data Race Modem Adapter PD-180
PASSED AND APPROVED THIS I I DAY OF APRIL,2004.
`'' •
MAY O'-7 JOHN S
ATTESTED:
(6-4,L4V,
CITY CLERK/TREASURER
On the agenda next was to consider A RESOLUTION APPROVING AN INCREASE IN THE
CONTRACT PRICE FOR THE NORTHRIDGE DRAINAGE IMPROVEMENTS PROJECT. The Clerk
read the Resolution in its entirety. The Mayor asked if there was any discussion. There was none. Alderman
Swaim seconded by Alderman Parker moved that the Resolution be adopted. The question was put by Mayor
Riggs on the adoption of the motion and the roll being called, the following voted aye: Alderman Swaim, Parker,
Moore, Dodd, Spoon and Barker. And the following voted nay: none.
The Mayor thereupon declared the Resolution adopted and signed the Resolution, which was attested by the
City Clerk and impressed with the seal of the City.
THE RESOLUTION WAS GIVEN THE NUMBER 4-6-2004
CITY OF VAN BUREN,ARKANSAS
Il
RESOLUTION NO. " (e -2004
A RESOLUTION APPROVING AN INCREASE IN THE CONTRACT PRICE FOR THE
NORTHRIDGE DRAINAGE IMPROVEMENTS PROJECT.
WHEREAS, The Mayor advertised for bids for the Northridge Drainage Improvements
Project and the bid of Wilson Brothers Construction Company, Inc., was
accepted by the Council;and
WHEREAS, The original contract price of$39,302.00 was previously approved by the
Council;and
WHEREAS, The final contract price for the construction has been determined to be
$43,486.00,leaving a balance of$4,184.00;
NOW,THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF VAN BUREN,
ARKANSAS:
SECTION 1: That the increase of $4,184.00 to the Contract with Wilson Brothers
Construction Company, Inc., for the Northridge Drainage Improvements
Project is hereby accepted.
PASSED AND APPROVED THIS I crtkDAY OF APRIL,2004.
C42—
MAY RI e.4.
ATTESTED:
CITY CLERK/TREASURER
Next on the agenda was to consider AN ORDINANCE ACCEPTING THE ANNEXATION OF CERTAIN
TERRITORY TO THE CITY OF VAN BUREN, ARKANSAS AND MAKING SAME A PART OF THE
CITY OF VAN BUREN, ARKANSAS, AND ASSIGNING ZONING DESIGNATIONS TO SAME. The
Clerk read the Ordinance in its entirety. Alderman Swaim moved that the rules be suspended and the Ordinance be
placed on its second reading. The motion was seconded by Alderman Moore. On the Clerk's calling the roll, the
following vote resulted: Ayes — Alderman Swaim, Parker, Moore, Dodd, Spoon and Barker. The Mayor declared
the motion carried as there were six (6) ayes and (0)nays. Four (4)votes being necessary for passage. The
Ordinance was read the second time.
Alderman Swaim moved that the rules be further suspended and the Ordinance placed on the third and final
reading. The motion was seconded by Alderman Moore. On the Clerk's calling the roll, the following vote
resulted: Ayes — Alderman Swaim, Parker, Moore, Dodd, Spoon and Barker. The Mayor declared the motion
carried as there were six(6) ayes and(0)nays. Four(4)votes being necessary for passage. The Clerk then read
the Ordinance the third and final time. The Mayor declared the Ordinance open for discussion. Alderman Parker
asked how this would affect the Police and Fire Protection. She asked if the ISO ratings were going to require the
City to have another station in that area. The Mayor said it would definitely affect the need to have another station.
The Mayor said they were looking into a fourth (4th) station.
The Mayor then put the question, "Shall the Ordinance pass'?" Motion was made by Alderman Swaim and
seconded by Alderman Moore to adopt the Ordinance. On the Clerk's calling the roll, the following vote resulted:
Ayes - Alderman Swaim, Parker, Moore, Dodd, Spoon and Barker. The mayor declared the motion carried as
there were six (6) ayes and(0)nays. Four (4)votes being necessary for'passage.
Motion was made by Alderman Swaim and seconded by Alderman Spoon, that the emergency clause be adopted
which motion on roll call carried by the unanimous vote of the Council. The Mayor then declared the Ordinance
duly passed and signed same in open Council, duly attested to by the City Clerk.
THE ORDINANCE WAS GIVEN THE NUMBER 6-2004
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----- -
Next the Mayor discussed a listof proposed Phase VIII Street, projects for this year. The Mayor said he, Don
Mullens, Public Facility Director and Brad Baldwin, City Engineer had looked at the list and were trying to hit it
head on. The Mayor said besides the Phase VIII projects they have some drainage work to take care of, and also
twelve (12)railroad crossings to work on. Mayor Riggs said they would partner with the A &M Railroad on the
railroad crossings. He said the City would buy the prefab concrete and the A&M Railroad would provide the
labor and install them. Mayor Rigs said A &M could do six(6) crossings in one year and six(6) crossings the
E next year. He said they would look into 24th Street also. The Mayor said he needed to get an OK to advertise for
bids on Phase VIII Street Projects. Alderman Swaim seconded by Alderman Spoon made a motion to advertise for
bids. The Council followed with a unanimous vote.
Next on the agenda was a request from the Old Town Merchants Association to close certain Streets for the 3'd
Annual Bike Show. Alderman Parker seconded by Alderman Swaim made a motion to approve the request. The
Council followed with a unanimous vote.
1
Next on the agenda was the Financial Statement. Motion was made by Alderman Spoon and seconded by
Alderman Swaim to appropriate the sum of $1,091,672.07 to pay expenses and salaries for March 2004, presented
by the City Clerk Treasurer. The Council followed with a unanimous vote.
. PAGE: 1
840,305 52+ CITY OF VAN BOREN
4-12-2004 08:53 AN TRIAL BALANCE
1,223-0 7+ AS OF, MARCH 31ST, 2004
1 u0,325.45+
to -General Fund 1 7,1 83•52+ e ,.. YEAR TO DATE •••
2,622•39+ ' *MONTH TO DATE
ACM!
47,954.0U+ DEBITS CREDITS DEBITS CREDITS
2,055.12#
00/
ASSETS
1091,672.07x+
0.00 200.00
1000 Petty Cash 18,084.85 123,219.08
1020 Cash in Bank 0.00
0.00
1020.10 Cash in Bank -Sales Tax City 34,595.18 16,930.06
1020.18 Cash in Bank - PD Co Tax
11,065.73 55,961.24
1020.19 Cash in Bank- FD Co Tax
0.00 394.17
1020.27 Cash in Bank-Levee
4,119.23 36,620.18
•
1020.31 Cash in Bank parks 4 Rec
459.15 2,924.24
1020.51 Cash in Bank-Cemetery
27,847.77 242,452.57
1020.91 CaBb in Bank Cap Imp
0.00 0.00
1040 Investments ,
0.00 0.00
1040.10 Investments -Sales Tax City 0.00
0.00
1040.18 Investments - PD Co Tax 0.00
0.00
1040.19 Investments - FD Co Tax 0.00 0.00
1040.27 Investments - Levee 0.00
0.00
1040.31 Investments - Parks S Rec
2.36 4B,509.95
1040.51 Investments - Cemetery 0 00 907,876.37
1040.91 Investments - Cap Imp 0.00
0.00
1040.92 Capital Improvement CD 0.00 0.00
1050 Fixed Assets
0.00 0.00
1051 Accumulated Depreciation 0.00 '" 0.00
1504 Due from Payroll 0.00
0.00
1505 Due Fran Other Funds 0.00
0.00
1520 Due Erma Street Fund 0.00
1540 Due
Pram Library Fund 0.00
LIABILITIES AND FOND BALANCE
0.00 0.00
2000 Accounts Payable 0.00
0.00
2010 Municipal Health Ins. Payable
0.00 0.00
2030 Colonial Life Payable 2,016.00 0.00
2035 Credit Union-First Resource 4,054.10 0.00
2040 LOPFI Payable 0.00 35.28
2050 National Foundation Life Ins. 0.00 0.00
2080 Conseco Payable 0.00 0.00
2090 New York Life Ins. Payable 0.00 0.00
2100 Life Ins. of Georgia Payable 1,09].15 0.00
2130 Garnishments Payable 40.00 0.00
2135 R.Allen Trust 8502355630 0 00 0.00
2140 United May Payable 5.00 130.00
2150 Parks 6 Rec. P.O.D. 61.85 0.00
2160 Pre-Paid Legal Services 295.00 0.00
2170 P.O.P. 429.89 0.00
2175 Van Buren Fire Fighters Union 29.00 0.00
2176 Van Buren Firemen Contribution 230.00 0.00
2177 Police Officers Union 0.00 0.00
2200 Wage Payable 17,918.42 24.12
2210 Federal Income Tax 0/E
Next Police, Fire, Building Inspector, District Court and Engineer Reports were presented for filing.
There being no further business Alderman Parker seconded by Alderman Swaim made a motion to adjourn. The
Council followed with a unanimous vote. The meeting adjourned at 7: 25 p.m.
6 APPROVED:
AT TESTED:
--- 5-.
`� a�- (IA.
MAYO
CTTY CLERK-TREASURER