99 JAN 21.DOC
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 21, 1999
7:00 P.M. - 8:14 P.M.
REGULAR CITY COUNCIL MEETING - CITY HALL - #1 MUNICIPAL DR.
The City Council of the City of Jacksonville, Arkansas met in
Regular Session on January 21, 1999 at the regular meeting place
of the Council. Alderman Howard delivered the invocation after
which Mayor Swaim led the standing audience in the "Pledge of
Allegiance" to the flag.
ROLL CALL: Aldermen: Elliott, Smith, Gentry, Ray, Wilson,
Williamson, and Howard answered ROLL CALL. Mayor Swaim also
answered ROLL CALL declaring a quorum. PRESENT seven (7), ABSENT
(0).
Others present for the meeting were: City Attorney Robert E.
Bamburg, Human Resource Director Steve Ward, City Engineer Duane
Reel, Engineering Secretary Marc Wilson, Finance Director Paul
Mushrush, Public Works Director Murice Green, Police Chief Hibbs,
Fire Chief Vanderhoof, Mrs. Judy Swaim, Mrs. DeDe Hibbs, Leader
Reporter Rick Kron, Jacksonville Patriot Editor Jon Parham, and
interested citizens.
PRESENTATION OF MINUTES:
Mayor Swaim presented the minutes of the Regular City Council
Meeting of January 7, 1999 for approval and/or correction at the
next Regular City Council Meeting.
APPROVAL AND/OR CORRECTION OF MINUTES:
Alderman Smith moved, seconded by Alderman Gentry that the minutes
of the Regular City Council Meeting of 29 December 1998 be
APPROVED. MOTION CARRIED.
PUBLIC HEARING:
ORDINANCE 1115 (#1-99)
AN ORDINANCE VACATING AND CLOSING PURITAN STREET (GENERAL
LOCATION: PURITAN STREET LYING BETWEEN 1504 AND 1600 QUINCE HILL
ROAD, JACKSONVILLE); AND, FOR OTHER PURPOSES.
Mayor Swaim opened the public hearing at approximately 7:02 p.m.
and offered those in the audience an opportunity to speak.
There was no one to speak in opposition to the closing of Puritan
Street.
Mayor Swaim closed the public hearing at approximately 7:03 p.m.
Alderman Wilson moved, seconded by Alderman Smith to place the
Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith,
Gentry, Ray, Wilson, Williamson, and Howard voted AYE. NAY (0).
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 21, 1999
7:00 P.M. - 8:14 P.M.
Motion received seven (7) affirmative votes, (0) negative votes.
MOTION CARRIED. Whereupon, City Attorney Bamburg read the
Ordinance.
Alderman Ray moved, seconded by Alderman Smith to DISPENSE with
the reading of the Ordinance in its entirety. ROLL CALL:
Aldermen: Elliott, Smith, Gentry, Ray, Wilson, Williamson, and
Howard voted AYE. NAY (0). Motion received seven, (7) affirmative
votes, (0) negative votes. MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Elliott to ACCEPT the
Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith,
Gentry, Ray, Wilson, Williamson, and Howard voted AYE. NAY (0).
Motion received seven (7) affirmative votes, (0) negative votes.
MOTION CARRIED.
Alderman Ray moved, seconded by Alderman Gentry to suspend the
rules and place the Ordinance on SECOND READING. ROLL CALL:
Aldermen: Elliott, Smith, Gentry, Ray, Wilson, Williamson, and
Howard voted AYE. NAY (0). Motion received seven (7) affirmative
votes, (0) negative votes. MOTION CARRIED. Whereupon City
Attorney Bamburg read the Ordinance for the Second Time.
Alderman Smith moved, seconded by Alderman Ray that Ordinance be
placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Elliott,
Smith, Gentry, Wilson, Williamson, Howard and Ray voted AYE. NAY
(0). Motion received seven (7) affirmative votes, (0) negative
votes. MOTION CARRIED. Ordinance read THIRD AND FINAL TIME by
City Attorney Robert Bamburg.
Alderman Ray moved, seconded by Alderman Elliott that Ordinance
1095 be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott,
Smith, Gentry, Ray, Wilson, Williamson, and Howard voted AYE. NAY
(0). Motion received seven (7) affirmative votes, (0) negative
votes. MOTION CARRIED.
ORDINANCE APPROVED, ADOPTED AND NUMBERED 1115 THIS THE 21st DAY
JANUARY 1999.
DEVIATION IN AGENDA:
WATER DEPARTMENT: ANNUAL REPORT by Mr. Ken Anderson
He related that under the guidance of the Water Commission they
have completed another year under budget without raising rates,
while still making improvements to the system. He related that
the Little Rock Municipal Water Works is currently conducting a
rate study and have said that they may raise rates in 1999, adding
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that CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 21, 1999
7:00 P.M. - 8:14 P.M.
information has been requested and is pending as to how this
will affect charges from North Little Rock for Jacksonville. He
related that Jacksonville purchases three million gallons a day
which makes up 54% of total production. He pointed out that
during the previous hot summer the water production record was
broke on 6 July 1998 with production of 9.5 million gallons over
the high of 9.2 million of 30 August 1995. He stated that total
production for the year was 2.02 billion gallons, which was a 9%
increase over the previous year, and that average daily flow for
1998 was 5.5 million gallons. He said that water loss decreased
to 7.5% of total production from 10.8% in 1997. He related that
with the possible rate increase from Little Rock Municipal Water
Works and Arkansas Soil and Water Commission declaring the
alluvial act for critical water source; the Jacksonville Water
Commission has voted to participate with North Little Rock Water
in a study to find a new water supply. He related options of
building a lake in the Camp Robinson or the Bull Creek area north
of Jacksonville to be supplied by the Arkansas River or Greers
Fairy. He said in closing that the Water Works Department
continues to meet all Arkansas Department of Health requirements
and regulations. He thanked the Mayor and City Council for their
continued support of the Water Commissions effort to provide the
City with high quality drinking water.
In response to a question posed by Alderman Smith, it was noted
that returns from the new water source study should be forthcoming
sometime in February 1999.
Mayor Swaim noted and Mr. Anderson concurred that the water loss
of 7.5% of total production includes water used by the Fire
Department in fighting fires, water lost in low meter flow and the
flushing of the main lines.
Mr. Anderson related that according to the guidelines of the
American Water Works Association any water loss under 10% is good.
A copy of the Water Works Annual report is on file in the office
of the City Clerk.
WASTEWATER DEPARTMENT:
Annual Report by Dave Thomas
He stated that bids for improvements to the Johnson plant will
open 16 February regarding mandated rehabilitation of the
collection system. He said that they are proud that there are no
EPA violations regarding the discharge permit, adding that EPA was
concerned about discharge from the West plant until the flow was
diverted from the West plant to the Johnson plant reducing that
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 21, 1999
7:00 P.M. - 8:14 P.M.
flow 50 percent. He then related that the EPA had suggested
adding costly aeration, however, since the diversion they have not
made that recommendation again. He said that the lab department
and operations department other than conducting the discharge
testing also work with industrial users who are required to
receive a permit from the utility, adding that there are no
problems from the industry and things are going well. He said
that the annual inspection of the lab by ADPC & E resulted with no
violations. He emphasized that the Jacksonville Wastewater
Utility remains debt free thanks to the management of the
Commission, City Council, and the voters approval of the sales tax
to fund the rehabilitation.
Mayor Swaim and Alderman Wilson expressed appreciation and
commended the Water and Wastewater Commissions for their
outstanding work and complimented the utilities in their
management.
A copy of the Wastewater annual report is on file in the office of
the City Clerk.
GENERAL:
STATE OF THE CITY by Mayor Swaim
Mayor Swaim related that he was pleased to present the State of
the City report and highlighted accomplishments in 1998. He said
that 1998 was an excellent year for the City of Jacksonville and
that 1999 looks equally promising. He related that with the
cooperation of department heads and employees the City of
Jacksonville was able to operate effectively and efficiently
within the 1998 budget and actually under spent in many areas.
He complimented Finance Director Paul Mushrush and his staff for
the financial record keeping which continues to improve. He
stated that in 1998 the comprehensive annual financial report was
submitted to the Government Finance Office Association of the
United States and Canada, in consideration for an award of
excellence in finance reporting.
He said that the Superfund site cleanups have made the Community
stronger and better equipped to handle adversity and difficult
issues. He related that after fifteen years of both financial and
psychological affects, Vertac is now completed and efforts
underway to either acquire the Vertac property for industrial
development or assist new owners to make it a productive part of
the community. He stated that recovery of the community is
apparent from the steady growth and development rate experienced
for commercial and residential areas.
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CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 21, 1999
7:00 P.M. - 8:14 P.M.
He pointed out that there was a 16% reduction in the crime rate
and related the opening of the new 911 Dispatch Center and 800
Radio System has improved communications for public safety and all
city departments.
He related the retirement of Fire Chief Rick Ezell and the
appointment of new Fire Chief John Vanderhoof and the positive
statistical reports for 1998.
He stated that Mr. George Biggs became the new Director of Parks
and Recreation in 1998. He related the completion of the new
soccer field complex in Dupree Park and the "all purpose field"
that will be the new home of the Mums Festival featuring a
permanent performing stage. He said that Dupree lake was returned
to the inventory of useable recreational facilities with many
species of stocked fish and a huge fishing dock. He then related
that the Regional American Legion Baseball Tournament will be
hosted by the City of Jacksonville this summer and major
renovations are underway at Dupree Park.
He related the development of two new programs in the Office of
Economic and Community Development, a business development center
was opened for new businesses and a program was implemented to
provide more affordable housing with funds from a grant provided
by the Arkansas Development and Finance Authority.
He stated that Public Works and the Engineering Department
continue to concentrate on improvements regarding drainage,
sidewalks, and many street projects. He noted eight drainage
projects contracted for a total of $635,031.00, sidewalk
construction came in at $186,052.00 and seven miles of streets in
the Asphalt Overlay Program totaled $492,462.00.
He related the excellent quality of healthcare provided by
Rebsamen Medical Center and highlighted the completed construction
of the $4.3 million health clinic which provides space for twenty
doctors.
He stated that rumors of a "Tiger Team" and possible base
reorganization proved to be incorrect and the future of the Little
Rock Air Force Base looks very good. He stated that a great deal
of work was done on a state and national level to assure the
continued presence of the Air Base in our community.
He concluded by saying that Jacksonville continues to move forward
to a brighter and stronger future of which we can all be proud to
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be a part of. He stated that challenges have been met in the past
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 21, 1999
7:00 P.M. - 8:14 P.M.
and will be met in the future, adding that great things will
happen for the City of Jacksonville. He thanked the Council and
the City employees for their participation.
A copy of the State of the City report is on file in the office of
the City Clerk.
RESUME AGENDA:
CONSENT AGENDA:
REGULAR MONTHLY REPORT/FIRE DEPARTMENT
Alderman Ray moved, seconded by Alderman Howard to APPROVE the
monthly Report for December 1998 of the Jacksonville Fire
Department. Said Report reflects a fire loss of $459,000.00.
ROLL CALL: Aldermen: Elliott, Smith, Gentry, Ray, Wilson,
Williamson, and Howard voted AYE. MOTION CARRIED.
REGULAR MONTHLY REPORT/POLICE DEPARTMENT
Alderman Ray moved, seconded by Alderman Howard that the Regular
Monthly Report for December of the Jacksonville Police Department
be APPROVED. Said report reflects; Fine Settlements $64,209.83,
Miscellaneous Payments $300.00, Small Claims $ 75.00, Report Sales
$276.00 making TOTAL COLLECTIONS: $65,420.83. ASSESSED: Pending.
ROLL CALL: Aldermen: Elliott, Smith, Gentry, Ray, Wilson,
Williamson, and Howard voted AYE. NAY 0. MOTION CARRIED.
REGULAR MONTHLY REPORT/OECD
Alderman Ray moved, seconded by Alderman Howard that the Regular
Monthly Report for December, of Economic and Community Development
Department be approved. Said report reflects:
DECEMBER YR-TO DATE
Housing Rehabilitation:
Loan Applications (HOME).................... 1 9
Grant Applications (CDBG)................... 2 13
Emergency Handicap (CDBG)................... 0/0 2/2
Total Jobs Done......................... 2 2
Warranty Repairs............................ 0 2
DECEMBER YR-TO-DATE
Sewer line (Loans & Grants
Applications received ......................... 2 4
Total Jobs Bid ................................ 2 4
Total Jobs .................................... 2 6
Homebuyer Assistance Grant (HAG) DECEMBER YR-TO-
DATE
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Application Received .......................... 5 18
Processed ..................................... 3 18
Total Approved ................................ 3 18
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 21, 1999
7:00 P.M. - 8:14 P.M.
HOME BUILDING/RECONSTRUCTION: The City Council unanimously
approved an ordinance creating an Affordable Housing Overlay
District. This ordinance extends existing housing construction
alternatives to include modular and manufactured homes - quality
homes which low-income citizens can more readily afford.
DECEMBER YR-TO-DATE
Loan Applications Processed .................... 1 23
Pre-approvals Pending ......................... 2 4
Total Pre-approved Loans ...................... 2 2
ROLL CALL: Aldermen: Elliott, Smith, Gentry, Ray, Wilson,
Williamson, and Howard, voted AYE, NAY (0). MOTION CARRIED.
FIRE DEPARTMENT:
POLICE DEPARTMENT:
STREET DEPARTMENT: Request to Accept Bid/Sale of Street Sweeper
Mayor Swaim related that after advertising for bids and receiving
none a sealed bid was accepted from the City of Marianna.
Murice Green related that in purchasing the new street sweeper the
company who won the bid did not offer a trade-in option, however,
they still came in under another company did offer a $10,000.00
trade-in. He then related it was bided for a minimum of
$10,000.00 and received a bid for $14,500.00 from the City of
Marianna.
Alderman Wilson moved, seconded by Alderman Williamson to accept
the bid of $14,500.00 from the City of Marianna for the sale of a
street sweeper. MOTION CARRIED.
PARKS & RECREATION DEPARTMENT:
PLANNING COMMISSION:
GENERAL: b. Closing of Parrish Street
Mayor Swaim related that there is no action proposed for the item
of business and will be acted upon at the next City Council
meeting.
c. Items of concern from the citizens of the Henry Estates
Addition.
Alderman Gentry introduced Mr. Gregory Hill as the representative
for the citizens of Henry Estates Addition.
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Mr. Hill of 100 Heritage Street read a list of improvements to the
City Council requested by the citizens of the area.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 21, 1999
7:00 P.M. - 8:14 P.M.
City Engineer Reel related that speed breakers are commonly
requested, adding that there is a great deal of liability for the
City associated with speed breakers. He related that speed
breakers in North Little Rock have now been removed because of the
problems presented with liability opposed to any off-set in speed
reduction. He stated that speeding is more of an enforcement
problem and that he could not endorse speed breakers because of
the liability factor.
Mayor Swaim related that thus far the Council has chosen not to
place speed breakers anywhere in the City except in the park
areas.
Discussion followed as to the size of speed breakers tried by the
City of North Little Rock and Little Rock and it was concluded
that even the longer speed breakers were removed in North Little
Rock.
Mayor Swaim related that Council may want to look at speed breaks
sometime in the future. He stated that there have been significant
requests for speed breakers, adding what criteria decides how many
and where to place them.
Alderman Elliott stated that signage and enforcement should be
addressed first and that he would rather not try speed bumps at
this time.
Alderman Gentry echoed those sentiments, adding that those streets
with speed problems could be identified and speed signs addressed.
Mr. Murice Green stated that a work order has been issued for a
speed limit sign in the area of Ghoshen and Ray Road.
City Engineer Reel addressed the issue of South Road, saying that
some of the problems are because the street has been overlaid many
times. He then related that it was milled down close to the
original gutter line, however, the whole street was unable to be
milled because of the construction of manholes to the existing
asphalt surface. He stated that the street was milled six feet on
each side which created a high crown in the middle. He stated
that this then created problems with drive way access, adding that
the City had to violate its own rules and place small pipes with
asphalt in the gutter. He related that it is estimated at
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$300,000.00 to completely redo the street. He related that close
to $36,000.00 was spent in overlaying and milling of the street
last year. He stated that the only way to change some of the
characteristics of the street would be to adjust the manholes down
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 21, 1999
7:00 P.M. - 8:14 P.M.
to the original height of the street. He then related that the
oak trees on the west side are pushing up and out, which has a lot
to do with what is happening to the surface and grade of the
street. He stated that they have tried to compensate for the un-
level grade.
In response to a question posed by Mayor Swaim, City Engineer Reel
related that if the trees were removed the gutter would have to be
rebuilt and the curb re-aligned. He stated that taking the trees
in the right-of-way out would not completely solve the problem.
It was related in further discussion that sentiment from the
neighborhood has been in opposition to removing the trees. City
Engineer Reel related that in time with further tree growth the
problem would worsen. It was related that communication with the
neighborhood about removing the trees would take place soon. It
is inevitable at some point in time the trees will have to be
removed, adding that at the same time consideration needs to be
given for rebuilding South Road.
Discussion ensued and it was determined that options to completely
rebuild South Road may be in the near future. Mayor Swaim also
encouraged stronger speed control for the area.
City Engineer Reel stated that regarding the finishing of Ray Road
where the street was widened, could be addressed by Mr. Frank
Rowland using CDBG funds to curb and gutter the entire length pass
the church. He stated that CDBG monies built the sidewalk and
curb on the Southside and suggested a similar funding schedule for
the Northside all the way through and tapering it back into the
original section.
Mayor Swaim pointed out that CDBG funds are scheduled out a year
ahead of time, adding that a section of Ray Road was just
completed and now it is one of the streets experiencing a speeding
problem. He stated that it could be added to the future list
through public hearing process.
Mr. Rowland stated that there are three homeowners in the area
that are not on City sewer and that he has been working with
Wastewater to establish sewer for these residents. He related
that with using CDBG funds to make low interest loans/grants this
would enable the homeowners to be connected to City sewer. He
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stated that if it is not a City owned line then it becomes the
private homeowner’s responsibility. He related that the
homeowners are as much as 100 feet from the main line, adding that
CDBG can help ease the burden of cost to them with low interest
loans. He related that CDBG is waiting on estimates for the cost
of installation to determine cost
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 21, 1999
7:00 P.M. - 8:14 P.M.
for each part and that work is expected to start on the project in
the spring, adding that the homeowners are aware of those
circumstances.
Chief Hibbs related that the Police Department shares their
concerns regarding drug traffic and drug houses in any area of the
City. He related that it may take time to develop and confirm
information and the accuracy involved. He related that they will
make every effort to increase patrols and appreciate the
involvement of citizens in that area.
Mayor Swaim expressed his disappointment regarding the amount of
time it can take to close a drug house given all the extenuating
circumstances. He related ongoing and constant effort to work on
drug houses using undercover police officers. He encouraged
citizens to report unfamiliar activity in their neighborhoods.
Alderman Ray concurred with Mayor Swaim.
Mayor Swaim related the method of developing information with
regard to reporting has provided critical data for compiling crime
statistics in higher case resolution. He stating that the
reporting of suspicious activity if vital regarding resolution.
He asked that the citizens of Henry Estates Addition continue to
work with the Police Chief to establish results.
d. CALS Interlocal Agreement
ORDINANCE 1116 (#2-99)
AN ORDINANCE APPROVING PARTICIPATION AS A PUBLIC AGENCY CREATING A
PUBLIC CORPORATE BODY TO BE KNOWN AS THE CENTRAL ARKANSAS LIBRARY
SYSTEM; TO PARTICIPATE IN A NEW AGREEMENT FOR JOINT COOPERATIVE
ACTION; AND, FOR OTHER PURPOSES.
Mayor Swaim related efforts to reorganize and redesignate the
Central Arkansas Library System giving representation on the board
from all the communities involved. He related that Ordinance 1116
approves the participation of Jacksonville as part of a group of
area cities including Sherwood, Little Rock, North Little Rock,
and Maumelle with at least one representative from each entity
appointed to the board. He related that they have offered the
option of assuming the maintenance and expenses of the local
library if the City would donate the real property (building and
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land) to them. He stated that at present the City pays for the
utility bills and the maintenance, adding that the annual budget
for the library is approximately $7,000.00 to $10,000.00. He then
informed the Council that along with their proposal was a
consideration for a millage increase.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 21, 1999
7:00 P.M. - 8:14 P.M.
He recommended that the City become a part of the Central Arkansas
Library System with passage of the Ordinance, however, at this
time not deed the property to them. He related that the option
stands for sometime in the future.
Alderman Smith moved, seconded by Alderman Wilson to place the
Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith,
Gentry, Ray, Wilson, Williamson, and Howard voted AYE. NAY (0).
Motion received seven (7) affirmative votes, (0) negative votes.
MOTION CARRIED. Whereupon, City Attorney Bamburg read the
Ordinance.
Alderman Ray moved, seconded by Alderman Gentry to DISPENSE with
the reading of the Ordinance in its entirety. ROLL CALL:
Aldermen: Elliott, Smith, Gentry, Ray, Wilson, Williamson, and
Howard voted AYE. NAY (0). Motion received seven, (7) affirmative
votes, (0) negative votes. MOTION CARRIED.
Alderman Ray moved, seconded by Alderman Elliott to ACCEPT the
Ordinance on FIRST READING. ROLL CALL: Aldermen: Elliott, Smith,
Gentry, Ray, Wilson, Williamson, and Howard voted AYE. NAY (0).
Motion received seven (7) affirmative votes, (0) negative votes.
MOTION CARRIED.
Alderman Smith moved, seconded by Alderman Ray to suspend the
rules and place the Ordinance on SECOND READING. ROLL CALL:
Aldermen: Elliott, Smith, Gentry, Ray, Wilson, Williamson, and
Howard voted AYE. NAY (0). Motion received seven (7) affirmative
votes, (0) negative votes. MOTION CARRIED. Whereupon City
Attorney Bamburg read the Ordinance for the Second Time.
Alderman Wilson moved, seconded by Alderman Ray that Ordinance be
placed on THIRD AND FINAL READING. ROLL CALL: Aldermen: Elliott,
Smith, Gentry, Wilson, Williamson, Howard and Ray voted AYE. NAY
(0). Motion received seven (7) affirmative votes, (0) negative
votes. MOTION CARRIED. Ordinance read THIRD AND FINAL TIME by
City Attorney Robert Bamburg.
Alderman Ray moved, seconded by Alderman Howard that Ordinance
1116 be APPROVED AND ADOPTED. ROLL CALL: Aldermen: Elliott,
Smith, Gentry, Ray, Wilson, Williamson, and Howard voted AYE. NAY
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(0). Motion received seven (7) affirmative votes, (0) negative
votes. MOTION CARRIED.
ORDINANCE APPROVED AND ADOPTED AND NUMBERED 1116 THIS THE 21st DAY
JANUARY 1999.
CITY OF JACKSONVILLE
REGULAR CITY COUNCIL MEETING
JANUARY 21, 1999
7:00 P.M. - 8:14 P.M.
APPOINTMENTS: Recommended appointment of Mr. Wally Nixon to the
Library Board.
Alderman Wilson moved, seconded by Alderman Williamson to approve
the recommended appointment of Mr. Wally Nixon to the Library
Board. MOTION CARRIED.
ANNOUNCEMENTS:
ADJOURNMENT:
Mayor Swaim, without objection, adjourned the meeting at
approximately 8:14 p.m.
Respectfully,
___________________________ ____________________________
Susan L. Davitt MAYOR
City Clerk-Treasurer
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