June 6, 1985 -149-
MINUTES
WEST MEMPHIS CITY COUNCIL
JUNE 6, 1985
The regular meeting of the West Memphis City Council was held on
Thursday, June 6, 1985 at 1:30 p. m. in West Memphis, Arkansas at City Hall,
205 South Redding in the Council Chambers with Vice Mayor Roberta Jackson
presiding.
Prayer was offered by Reverend S. J. Parker.
Vice Mayor Jackson requested City Clerk Dan Craft to call the roll.
The following persons were present:
Vice Mayor Roberta Jackson
City Attorney Robert Smith
City Clerk Dan Craft
Aldermen:
Joe Brasfield
William Burnett
James Cooper
Curtis Dalton
Clarence Guin
Pritchard Horton
Doug Morris
Larry Shelton
Roger Sumpter
Absent: Mayor Leo Chitman.
Vice Mayor Roberta Jackson declared a Quorum was present.
The first item on the agenda was a Public Hearing to vacate three
streets - 18th Street, Canal Street and 20th Street. Vice Mayor Jackson
declared the Public Hearing open at 1:32 p.m. Attorney Boone Nance spoke
in behalf of vacating the streets. Alderman Horton stated the vacating
of the streets had the approval of the PUbilic Works Commission. Discussion.
Since no one spoke against vacating the streets the Public Hearing was de-
clared closed at 1:35 p.m.
Vice Mayor Jackson declared the Public Hearing to vacate 24th Street
running between Blocks 2 and 3 of Wheeler Subdivision was open. Attorney
Sloan spoke in behalf of vacating 24th Street. Alderman Horton stated the
Public Works Commission approved the vacating of the street. Discussion.
Since no one came to speak against vacating the street, the Public Hearing
was declared closed at 1:37 p.m.
The next item on the agenda was bid openings.
The following bids were opened by David . Goacher, Utility Department
and read by City Attorney Smith.
WEST MEMPHIS UTILITY DEPARTMENT: TRANSFORMERS:
Arkansas Electric Coop. , Inc. 6 - 50 KVA $722.00 ea.
iir Little Rock, AR Conventional
4 - 50 KVA CSP $826.00 ea.
6 - 372 KVA
Conventional
3 - 372 KVA CSP $686.00 ea.
2 - 25 KVA CSP $491.00 ea.
3 - 15 KVA CSP $395.00 ea.
Stuart C. Kirby 6 - 50 KVA
Little Rock, AR Conventional $735.00 ea.
4 - 50 KVA CSP $822.00 ea.
6 - 372 KVA
Conventional $637.00 ea.
3 - 372 KVA CSP $724.00 ea.
2 - 25 KVA CSP $529.00 ea.
3 - 15 KVA CSP $442.00 ea.
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Vincent Sales Agency, Inc. 6 - 50 KVA
Memphis, TN Conventional $705.00 ea.
4 - 50 KVA CSP $754.00 ea.
6 - 37zKVA
Conventional $621.00 ea.
3 - 372 KBVA CSP $675.00 ea.
2 - 25 KVA CSP $481.00 ea.
3 - 15 KVA CSP $397.00 ea.
Central Mololney, Inc. 6 - 50 KVA
Pine Bluff, AR Conventional $664.00 ea.
4 - 50 KVA CSP $782.00 ea.
6 - 37iKVA
Conventional $599.00' ea.
3 - 37' KVA CSP $703.00 ea.
2 - 25 KVA CSP $532.00 ea.
3 - 15 KVA CSP $501.00 ea.
TVESCO 6 - 50 KVA
Memphis, TN Conventional $668.00 ea.
4 - 50 KVA CSP $774.00 ea.
6 - 371/2 KVA
Conventional $559.00 ea.
3 - 372 KVA CSP $625.00 ea.
2 - 25 KVA CSP $486.00 ea.
3 - 15 KVA CSP $398.00 ea.
Jeanes Enterprises, Inc. NO BID
Memphis, TN
Diversified Electric Supply 6 - 50 KVA
North Little Rock, AR Conventional $630.00 ea.
4 - 50 KVA CSP $684.00 ea.
6 - 37zKVA
Conventional $550.00 ea.
3 - 372 KVA CSP $610.00 ea.
2 - 25 KVA CSP $465.00 ea.
3 - 15 KVA CSP $399.00 ea.
Alderman Shelton made a motion, seconded by Alderman Dalton, to
accept the bids and turn them over to the Utility Commission for review
and disposition. Upon voice vote, the voting was unanimous. The motion
Passed.
The next item on the agenda was bid opening for Community
Development Agency - Demolition. Bids were opened by T. Gardner and read by
City Attorney Smith.
COMMUNITY DEVELOPMENT AGENCY - DEMOLITION:
Mitchell Construction Company 227 South 9th $ 700.00
725 South 9th $ 650.00
607 South 11th $ 750.00
730 South 11th $ 800.00
1212 Winchell $1,500.00
The Construction Company 227 South 9th $ 845.00
725 South 9th $ 900.00
607 South 11th $ 765.00
730 South 11th $ 740.00
1212 Winchell $ 750.00
L&W Construction Company 227 South 9th $ 600.00
725 South 9th $ 495.00
607 South 11th $ 500.00
730 South 11th $ 495.00
1212 Winchell $ 525.00
A&B Construction 227 South 9th $ 521.00
725 South 9th $ 500.00
607 South 11th $ 550.00
730 South 11th $ 500.00
1212 Winchell $ 500.00
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Alderman Horton made a motion, seconded by Alderman Morris to
accept the bids and turn them over to the Community Development, Mayor,
Attoiney and Engineer for review and disposition. Upon voice vote of the
Council, the voting was unanimous. The motion Passed.
The next item on the agenda was the bid opening for West Memphis
Sewage Treatment Plant - Improvements - Phase I. Bids were opened by
Mr. Jerome Alford and read by City Attorney Smith.
WEST MEMPHIS SEWAGE TREATMENT PLANT - IMPROVEMENTS - PHASE I:
Carothers Construction, Inc. Base Bid $577,000.00
Water Valley, MS Deductive Alternatives:
1. No Bid
2. No Bid
3. No Bid
Allison Contruction, Inc. Base Bid $565,678.00
West Memphis, Arkansas Deductive Alternatives:
1. No Bid
2. See Attached letter
3. See Attached letter
Smith-Doyle-Winters Contractors, Inc. Base Bid $572,000.00
Memphis, TN 38115 Deductive Alternatives:
1. No Bid
2. No Bid
3. No Bid
Alderman Shelton made a motion, seconded by Alderman Dalton, to
accept the bids and turn them over to the Utility Commission for review
and disposition. Upon voice vote, the voting was unanimous. The motion
Passed.
At this time Alderman Morris gave the Act 9 Bond Report, stating
the Act 9 Bond Committee approves the Memorandum of Intent between the
City of West Memphis and the West Memphis Fence Company. Discussion.
Alderman Morris made a motion, seconded by Alderman Dalton to
adopt the Memorandum of Intent, between the City of West Memphis and
West Memphis Fence Company. Upon roll call vote, the voting was as
follows:
AYE: Aldermen: Brasfield, Burnett, Cooper, Dalton, Guin,
Horton, Morris, Shelton, Sumpter, Jackson.
NO: Aldermen: None.
The Memorandum of Intent Passed, and reads as follows:
MEMORANDUM OF INTENT
This MEMORANDUM OF INTENT is between the CITY OF WEST MEMPHIS,
ARKANSAS , party of the first part (hereinafter referred to as the
"Municipality") , and WILLIAM T . BIUS and PATRICK H. TURNS , a part -
nership doing business as WEST MEMPHIS FENCE COMPANY , party of the
second part (hereinafter referred to as the "Company") .
IN CONSIDERATION of the undertakings of the parties set forth
herein and the benefits to be derived therefrom and of other good
and valuable considerations , receipt of which is hereby acknowledged
by the parties , the Municipality and the Company AGREE :
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1 . Preliminary Statement . (a) The Municipality is a duly
organized and existing city of the first class under the laws of
the State of Arkansas and is authorized by the laws of the State of
Arkansas , including particularly Act No . 9 of the First Extraordinary
Session of the Sixty-Second General Assembly of the State of Arkan-
sas , approved January 21 , 1960 , as amended ("Act 9") , to issue
revenue bonds for financing the costs of acquiring , constructing and
equipping industrial facilities (as defined in and authorized by
Act 9) and to lease , sell and/or make loans to finance the same for
such rentals and payments and upon such terms and conditions as the
Municipality deems advisable .
(b) In order to secure and develop industry which will furnish
substantial employment and payrolls (in furtherance of the public
purpose of Act 9) , it is proposed that there will be acquired , con-
structed and installed industrial facilities (consisting of lands ,
buildings , improvements , machinery , equipment and facilities , called
(the "Industrial Facilities") .
(c) The Company has determined that prior to commencement of
acquisition , construction and equipment of the Industrial Facilities ,
it must obtain a commitment from the Municipality that it will issue
revenue bonds under Act 9 as the Company and the Municipality , upon
advice of counsel , shall deem appropriate and make the proceeds
available for the permanent financing of any part or all of the costs
and expenses incurred in acquiring , constructing , and equipping the
Industrial Facilities .
(d) The Municipality is willing to so commit and to proceed
with the issuance of such bonds as and when requested by the Company ,
in principal amounts necessary to furnish such permanent financing
subject to compliance with all conditions set forth in Act 9 .
(e) The Municipality considers that the acquiring , con-
structing and equipping of the Industrial Facilities , and the
making of loans to finance or the leasing or sale to the Company
of all such facilities as are so financed , will secure and develop
industry and thereby promote the general health and economic
welfare of the inhabitants of the Municipality and adjacent areas .
2 . Undertakings on the Part of the "iunicipality. The
Municipality agrees as follows :
(a) That when requested by the Company , it will authorize
and take , or cause to be taken , the necessary steps to issue
revenue bonds under Act 9 , in the aggregate principal amount necessary
to furnish the permanent financing of all or any part of the costs of
acquiring , constructing and equipping of the Industrial Facilities .
In this regard , it is estimated at this time that the cost of accom-
plishing the Industrial Facilities will be in the amount of approxi-
mately $250 ,000 , but bonds will be issued in such amount as shall
be requested by the Company whether that amount is more or less than
$250 , 000 (the "Bonds") .
(b) That it will , at the proper time and subject in all
respects to the recommendation and approval of the Company , have
the Bonds underwritten and will adopt , or cause to be adopted , such
proceedings and authorize the execution of such documents as may be
necessary and advisable for the authorization , sale and issuance of
the Bonds , the acquiring , constructing and equipping of the Indus -
trial Facilities , the loan to the proceeds of the Bonds to the
Company for that purpose or the leasing or sale of the Industrial
Facilities to the Company (it being understood that the form of the
transaction will be subsequently determined) , all in conformity
with Act 9 and any other applicable federal state laws and upon
terms and conditions mutually satisfactory to the Municipality and
the Company.
(c) That the aggregate basic rents or payments (i . e. , the
rents or payments to be used to pay the principal of , premium , if
any , and interest on the Bonds) payable under lease , loan agreement
or sale agreement (whichever is applicable) between the Municipality
and the Company , shall be sufficient to pay the principal of ,
premium , if any , and interest on the Bonds when due .
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(d) That it will take or cause to he taken such other action
and adopt such further proceedings as may be required to implement
the aforesaid undertakings or as it may deem appropriate in
pursuance thereof.
3 . Undertakings on the Part of the Company. The Company
agrees as follows :
(a) That it will cooperate with the Municipality in the
sale and issuance of the Bonds to the end of achieving timely and
favorable marketing thereof.
(b) That it will enter into such lease , loan agreement ,
sale agreement or other appropriate agreement with the Municipality
as the Compay will obligate itself to pay to the Municipality rents
or payments sufficient to pay the principal of , premium , if any ,
and interest on the Bonds when due.
(c) That it will take such further action and adopt such
further proceedings as may be required to implement the aforesaid
undertakings or as it may deem appropriate in pursuance thereof.
4 . General Provisions . (a) This Memorandum of Intent
shall continue in full force and effect until the Industrial
Facilities and its financing by Bonds , as hereinafter specified,
is accomplished , and in this regard it is understood that there
may be separate issues of Bonds , and separate series within a
particular issue , with different maturities , interest rates ,
redemption provisions and other details . In the case of each
issue , and of each series , the Municipality will take appropriate
action by ordinance or resolution , to sell and authorize the Bonds
and to authorize and execute such agreements and documents as may
be determined necessary or desirable by the Municipality and the
Company.
(b) The Municipality and the Company will enter into an
agreement whereby the Company will make payments in lieu of ad
valorem taxes on the Industrial Facilities, in amounts as agreed
upon between the Municipality and the Company.
IN WITNESS WHEREOF , the Municipality and the Company
have entered into this Memorandum of Intent by their officers
thereunto duly authorized , as of the day of
1985.
CITY OF WEST MEMPH S , ARKANSAS
ATTEST : //2 �
!14 B Y : 444071,
CITY CLERK , I / MAYOR
(SEAL):
WEST MEMPHIS FENCE COMPANY,
A Partnership Consisting of
William T . Bius and Patrick H. Turns
WILLIAM T . BIUS
PATRICK H. TURNS
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PRESENTATIONS:
Mr. Alan Cook, Program Manager for American Cablevision gave the
following presentation to the City Council on televising the City Council
meetings. Mr. Cook , stated three (3) options:
Option 1. Audio Coverage.
Option 2. Video taped with City equipment and played later.
Option 3. Live coverage.
Mr. Cook recommended the City Council go with Audio coverage to
start, and then have a survey of the subscribers.
Vice Mayor Jackson stated she was Chairman of the Cable. Vision
Committee and they would take the proposal under advisement. (Presentation
attached.)
Mr. Joe Burnett, Highway 41 North, Jonesboro, Arkansas, gave a
presentation on Cancer and Dread Diseases, Intensive Care Coverage. It is
a optional type insurance for the employees and would be a payroll item.
Discussion. Vice Mayor Jackson stated this presentation would be turned
over to Mayor Chitman for review and a decision.
Mr. Steve Woods, presenting Westwood Acres homeowners presented to
the Council a petition requesting the City Council pass a Resolution to
stop the building of an apartment complex with federal funds. (Petitions
on file in the City Clerks office.) Mr. Woods stated there were six
apartment complexes and only one complex is not low income. That after
this complex was build it would proably be sold and rented to all low
income families which would make the value of their property go down
even.lower. Discussion.
oil
Mr. Elton A. Reed, III, attorney for Mr. Bob McCarley, stated the
Meadows apartment complex would be a 73 apartment complex, with a
swimming pool and recreation area. It would be 20% low income families.
Requested the City Council not pass the Resolution.
Alderman Morris requested a ten (10) minute recess. Meeting re-
cessed at 2:40 p.m. Vice Mayor Jackson called the meeting back to order
at 2:50 p.m.
CITIZENS REQUEST:
Mr. Richard Linsky, 513 Cornell, spoke on behalf of the home owners
in Westwood Acres. Mr. Linksy stated the homeowners objected to another
apartment complex being build around their subdivision, that when he bought
his home he was assured the subdivision was single dwellings. Mr. Linksy
spoke on the apartments around the subdivision being turned over to Section
8 and all sold to absentee ownership. The City Council has a legal and
moral obligation to protect the home owners.
Mrs. Ramona Taylor, Crittenden County Health Department, request
funding from the Community Development Block Grant Program to expand the
space for the Crittenden County Health Department. Part of the money
would come from AIDC grant and the county would submit their request.
The expansion would not interfer with the other programs already at the
building.
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Mr. Rick Jackson, 303 South 12th, stated he had bought a lot
25' x 100' and was repairing the house to live in, when he was told the
building had been empty six months and would have to be vacated and
torn down. Mr. Jackson requested the City Council to issue him a
repair permit, that he would not have bought the house if he had
understood the problems and all his money was tied up in repairing
the building to live in. Discussion. This was turned over
to the City Attorney and the Code Enforcement Officer. The Council
requested they report back.
Mr. Albert Boyd, petition for relief of building. Stated
Mrs. Bernard had signed a contract with Mr. Henry to repair the house
that was burnt. They need Mr. Henry to be released from his contract
so they can hire someone else to finish the repairs so Mrs,. Bernard
can move back into her home. Discussion. Mr. Henry stated he would
release his permit provided they released him from his contract.
This was turned over to the Code Enforcement Officer.
Mrs. Florateen Smith, representing the NAACP, read a letter
from the NAACP requesting Block Grant Funds from the Community Development
in support for the swimming pool.
At this time Alderman Dalton made a motion, seconded by Alderman
Sumpter to move Resolution 2, under New Business up on the agenda and
hear it at this time. Upon voice vote of the Council, the voting was
unanimous. The motion Passed.
City Attorney Smith read a Resolution expressly disapproving the
proposed financing by the Arkansas Development Finance Authority Multi-
Family Housing Revenue Bonds, (FHA ISSUED MORTAGAGE LOANS) 1985 Series C,
Pursuant to Act No. 1062, of the General Assembly of the State of Arkansas,
for the Year, 1985, For the proposed construction within the boundaries of
The City of West Memphis, Arkansas, for The Meadows Apartments, a 72 Unit
Apartment Complex with a face bond amount of $2,587,000.00 at the proposed
location of Highway 70 West (Broadway) and Rice Streets, West Memphis,
Arkansas.
Alderman Sumpter made a motion, seconded by Alderman Horton, to
adopt the Resolution. Discussion. Alderman Brasfield requested the
Resolution be tabled for two weeks and the homeowners and Mr. McCarley try
to work things out. Died for lack of a second. Discussion. Alderman
Sumpter called for the question. Upon voice vote of the Council to limit
debate, the voting was unanimous. The motion Passed. Upon roll call vote
on the Resolution, the voting was as follows:
AYE: Aldermen: Brasfield, Burnett, Cooper, Dalton, Guin, Horton,
Imo Shelton, Sumpter.
NO: Aldermen: None.
PASS: Aldermen: Jackson.
ABSTAIN: Aldermen: Morris.
The Resolution Passed and was assigned Resolution No. 1015, which reads
as follows:
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RESOLUTION NO.
D
A RESOLUTION EXPRESSLY DISAPPROVING THE PROPOSED FINANCING BY
mi
THE ARKANSAS DEVELOPMENT FINANCE AUTHORITY MULTI-FAMILY HOUSING
REVENUE BONDS , (FHA ISSUED MORTGAGE LOANS) 1985 SERIES C ,
PURSUANT TO ACT NO. 1062 , OF THE GENERAL ASSEMBLY OF THE STATE
OF ARKANSAS , FOR THE YEAR, 1985 , FOR THE PROPOSED CONSTRUCTION
WITHIN THE BOUNDARIES OF THE CITY OF WEST MEMPHIS, ARKANSAS , FOR
THE MEADOWS APARTMENTS , A 72 UNIT APARTMENT COMPLEX WITH A FACE
BOND AMOUNT OF $2 ,587 ,000 . 00 AT THE PROPOSED LOCATION OF
HIGHWAY 70 WEST (BROADWAY) AND RICE STREETS , WEST MEMPHIS , ARKANSAS .
WHEREAS , the proposed construction within the boundaries
of the City of West Memphis , Arkansas , of THE MEADOWS APARTMENTS ,
a 72 unit apartment complex, at the proposed location of Highway
70 West (Broadway) and Rice Streets , West Memphis , Arkansas , is
strongly opposed by property owners of Westwood Acres Subdivision
and other areas ; and,
WHEREAS , low to moderate income housing presently has a
high density in the area; and,
WHEREAS , the proposed project would most likely have an
unfavorable impact on all surrounding areas of the City as far
as flooding due to the alteration of the 1980 FEMA Flood Plain
Survey for the City; and,
WHEREAS , the Citizens of Westwood Acres Subdivision, the
entire area of Ward II , and adjacent areas , subdivisions , and
Wards do not feel the proposed project to be in their immediate
or future best interest , and that Arkansasbbnd money for this
proposed project is not in the best interest of the Citizens of
West Memphis ;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WEST MEMPHIS , ARKANSAS :
4
1 . The City Council of the City of West Memphis ,
Arkansas , does hereby disapprove of the proposed project as
described to be built and known as The Meadows Apartments at
Highway 70 West and Rice Streets , West Memphis , Arkansas .
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2 . IT IS FURTHER RESOLVED that a copy of this
Resolution be sent to :
Mr. Wooten Epes , President
P .O. Box 8023
Little Rock, Arkansas 72201
within five (5) days from the date of this Resolution by
im:
Certified Mail .
ADOPTED this %; day of 1-1' /jam 1985 .
A tirct4.6-4/
MAYOR
ATTEST: Ait
CITY CLERK
SP• SORED BY:
.55tAiwN
Roge Sumpter
/!'fes'
Bill Burnett
iti4C44sEl, CITE CLEa O 06041
.v`d
111 a/S ' `,�•�-,
Alderman Guin was excused from the meeting at this time.
Vice Myaor Jackson stated Mr. Woods, Attorney for Mrs. Jarman
could make his presentation at this time.
Mr. Steve Woods, Attorney for Mrs. Vicki Jarman, stated he had
come before the Council to offer the Council a settlement before the case
went to Court. Right now the fees were not to high, but if he had to
prepare for Court, his fees would raise considerly. Mr. Woods, stated
they were aware that the City Council could not give Mrs. Jarman her
job back, but that they could settle the case. Mr. Woods offered two
options: 1) Hire Mrs. Jarman back as switchboard npe* ator at the same
milsalary the girl who was working the swithboard was making, seniority
time, and pay lawyer's fees in the amount of $1,875.00 . Option 2)
Settle for back pay of $6,542.66 plus attorneys fees of $1,875.00.
Mr. Woods requested a answer from the Council by the next City Council
meeting. Discussion. Excerpts were read from the letter City Attorney
Smith sent the Council concerning this issue. It was the decision of
the Council that it would be discussed and they would advise him of
the Councils decision.
The next item on the agenda was approval or correction of the
Minutes for the May 16, 1985 City Council meeting.
Alderman Cooper made a motion, seconded by Alderman Morris, to
approve the Minutes for the May 16, 1985 City Council meeting as presented.
Upon voice vote of the Council, the voting was unanimous. The motion Passed.
First item under new business was a Resolution to provide workers of
all Municipalities Compensation coverage for their officials and employees.
Read by City Attorney Smith.
Alderman Cooper made a motion, seconded by Alderman Morris, to
adopt the Resolution. Discussion. Explanation by Mr. Wyman Morgan,
Finance Director. Upon voice vote of the Council, the voting was unanimous.
The Resolution Passed, and was assigned Resolution No. 1016, which reads
as follows: (On page 159 )
City Attorney read an Ordinance repealing Ordinance No, 141, and
creating an establishing the Office of Code Enforcement Officer, defining
His duties, declaring an emergency and for other purposes. Read for the
first time in its entirety. Vice Mayor Jackson called for a motion to
adopt the Ordinance on its first reading. Since no motion came forth,
the Ordinance died for a lack of a motion.
Vice Mayor Jackson stated Ordinance No. 2, An Ordinance amending
Ordinance No. 917, changing the Method of Selecting Members to the City
Advertising and Promotion Commission and for other purposes, was withdrawn
from the Agenda.
City Attorney Smith read an Ordinance vacating 24th Street running
between Blocks 2 and 3 of Wheeler Subdivision in the City of West Memphis,
Arkansas, for the first time.
Alderman Horton made the motion, seconded by Alderman Brasfield,
to adopt the Ordinance on its first reading. Upon roll call vote, the voting
was as follows:
AYE: Aldermen: Brasfield, Burnett, Cooper, Dalton, Horton,
Shelton, Sumpter, Jackson.
NO: Aldermen: None.
The Ordinance Passed on it's first reading.
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RESOLUTION NO . V I
A RESOLUTION TO PROVIDE WORKERS OF ALL MUNICIPALITIES
COMPENSATION COVERAGE FOR THEIR OFFICIALS AND EMPLOYEES
WHEREAS , Arkansas municipalities are required by Act No. 866
of 1985 to provide workers ' compensation coverage for their
officials and employees ; and,
WHEREAS , the effective date of the municipal responsi-
bility for funding this coverage is July 1 , 1985 , and.
WHEREAS , the Arkansas Municipal League is proceeding to
meet the requirements of Act No. 866 by forming a group of
municipalities to self-fund the coverage; and,
WHEREAS , it is felt that self-funding will enable us to
provide this coverage in the most economical manner possible;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS , ARKANSAS :
SECTION 1 . That the governing body of the City of
West Memphis , Arkansas , directs its Mayor to sign and complete
the Application for Membership in the Arkansas Municipal League' s
self-funded workers ' compensation program in compliance with
Act No . 866 of 1985 .
SECTION 2 . That upon receipt of the statement for this
coverage, the Treasurer and/or other proper officials shall see
that it is paid immediately. The Mayor shall be authorized to
require reimbursement to the general fund from the independent
agencies of the City for whom the coverage is provided for their
pro rata share of the expenses .
SECTION 3 . It is hereby found and determined that the
workers ' compensation coverage as called for in this Resolution
is essential to the continued receipt of general turnback from
the state; and, therefore, an emergency is hereby declared to
exist and this Resolution being necessary for the immediate
preservation of the public peace , health and safety shall be
in full force and effect from and after its passage.
ADOPTED this day of , 1985.
effM/ CJ a -/%1'1 -'ATTES `� MAYOR
MOW OP ()WWII 4W11
SPONSO'•- olt., �p y Y
•� t�A7 SI +gar► r:4s
MAYOR LEO HITMAN � O'..Nt,'+.c,..,. 3;i J
-160-
The City Attorney read an Ordinance vacating 18th Street lying West of
Block 5 of Wheeler Subdivision, Canal Street lying North of Block 5 of
Wheeler Subdivision; 20th Street lying East of Block 5 of Wheeler Subdivision
in the City of West Memphis, Arkansas. Read for the first time.
Alderman Horton made a motion, seconded by Alderman Cooper to
approve the Ordinance on its first reading. Upon roll call vote, the
voting was as follows:
AYE: Aldermen: Brasfield, Burnett, Cooper, Dalton, Horton,
Shelton, Sumpter, Jackson.
NO: Aldermen: None.
The Ordinance Passed on its first reading.
(Alderman Morris was not present for the last two votes.)
The next Ordinance to waive competitive bidding for development
of Promotion Test and Employment Test - Fire Department for an estimate
of $16,000.00 was discussed before it was_braught ,on the floor.. Alderman
Shelton stated he wanted more alteratives before voting on this Ordinance.
Mr. Morgan stated he could not work on this for three or four months.
Discussion. Alderman Shelton made a motion, seconded by Alderman Burnett,
to hold the Ordinance, take quotes from other firms, freeze promotions
in the Fire Department until the quotes could be received and studied.
Upon roll call vote, the voting was as follows:
AYE: Aldermen: Brasfield, Burnett, Dalton, Horton, Morris,
Shelton, Sumpter, Jackson.
NO: Aldermen: None.
PASS: Aldermen: Cooper.
The motion Passed.
Alderman Larry Shelton introduced an Ordinance providing standards
for the construction of streets and appurtenances thereto in subdivision.
Alderman Shelton stated he wanted the same standards as the State of
Arkansas. Discussion.
City Attorney read an Ordinance providing standards for the construction
of streets and appurtenances thereto in subdivisions, and for other purposes.
Read for the first time.
Alderman Shelton made a motion, seconded by Alderman Sumpter, to
approve the Ordinance on its first reading. Upon roll call vote, the voting
was as follows:
AYE: Aldermen: Brasfield, Burnett, Cooper, Dalton, Horton, Morris,
Shelton, Sumpter, Jackson.
NO: Aldermen: None.
The Ordinance Passed on its first reading.
Vice Mayor Jackson stated the next item on the agenda was the
distribution of the Girls Club Funds. Alderman Dalton made a motion,
seconded by Alderman Brasfield, to postpone this until the next City
Council meeting, as the Council Members do not have the reports. Upon
voice vote of the Council, the voting was unanimous. The motion Passed.
Vice Mayor Jackson asked the City Council what they wanted to ap-
propriate for the Education and Industry Day Fund that will be held at
City Hall on June 10th. Discussion. Alderman Morris made the motion,
seconded by Alderman Shelton, to turn this over to the Advertising and
Promotion Commission. Upon voice vote, the voting was unanimous. The
motion Passed.
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PERMISSION REQUEST:
Mr. Wyman Morgan, stated he had a letter from Mr. Cliff Jackson,
who deducted $2.00 from his Garbage bill for service not rendered. What
did the Council want to do. Discussion. 1) Collection of bills, who
was responsible 2) service not rendered 3) staggering the time mechanics
worked at the shop so the trucks would be ready to drive in the morning
4) Alderman Shelton requested the City Attorney to research placing
the Sanitation Department under the Utility Department. Alderman Burnett
lir requested that this be turned over to the Utility Commission for disposition.
Mr. Johnson stated it would be brought up at the next Utility Commission
meeting.
Vice Mayor Jackson requested approval of the preliminary and final
plats for John O'Neal Subdivision. Alderman Morris made the motion, seconded
by Alderman Dalton to approve the preliminary and final plat for John
O'Neal Subdivision. Upon voice vote of the Council, the voting was unanimous.
The motion Passed. Alderman Brasfield was excused from the meeting.
COMMITTEE REPORTS:
Alderman Horton gave the Public Works Commission Report. Requested
City Attorney Smith to write a letter to the Arkansas Highway Department
requesting the ramp at Airport Road remain and the new east ramp be moved
further east to Clement Road. Alderman Horton discussed buying a grader
for $16,000.00. The Council requested he get a direct figure, minus the
trade-ins. Alderman Horton made a motion, seconded by Alderman Burnett,
to get a direct figure to buy a grader and see about trade-ins. Upon voice
vote of the Council, the voting was unanimous. The motion Passed.
Mr. Dennis Sorrell requested permission from the City Council
to build the road at Petro Stopping Center without curbs on the South
Side of the road. Discussion. Alderman Dalton made a motion, seconded
by Alderman Horton, to grant permission to build the road for Petro
Stopping Center without curbs on the south side of the road. Upon voice
vote of the Council, the voting was unanimous. The motion Passed.
At this time Alderman Dalton brought up the lawsuit and settlement
offered by Attorney Steve Woods. Discussion. The Council stated they
could not offer Mrs. Jarman her job but could recommend to the Mayor
that she be hired. Discussion. Alderman Dalton made a mtoion. seconded
by Alderman Burnett, to have City Attorney Smith write a letter offering
Mrs. Jarman a settlement of $5,000.00 plus paying Attorney Fees in the
amount of $1,875.00, the suit would be settle with prejudice (no one at fault)
and an answer must be received by June 20, 1985 City Council meeting. Upon
roll call vote, the voting was as follows:
AYE: Aldermen: Burnett, Cooper, Dalton, Horton, Morris, Shelton,
Lir Sumpter, Jackson.
NO: Aldermen: None. The motion Passed.
City Clerk Dan Craft stated they were having a number of problems
in the City Clerks office pertaining to license. Discussion.
Mr. Bill Johnson, Utility Manager, stated the Utility Commission
had recommended and approved the Utility absorb the raise of $650,000.00
in Utility rates for 85-86, and it would be absorbed out of operating
revenues.
-162-
Alderman Cooper stated that the street - 25th Street onto Tyler
needed fixing that cars could not turn onto Tyler Street without running
into the ditch. This was turned over to.the Street Department.
Alderman Burnett requested that Departments should have co-operation
between them. When one department sees something in the City that should
be attended to by another department, they should call an alert that
department to the problem.
Being no other business to come before the City Council at this
time, Alderman Shelton made a motion, seconded by Alderman Burnett to
adjourn. Upon voice vote of the Council, the voting was unanimous.
The meeting adjourned at 5:35 p.m.
PASSED and APPROVED this r9Oit, day, of ,
1985.
--1-74/.//;&/)
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6.4L7Pt/
Roberta Jackso
Vice-Mayor
ATTEST:
I. 1/`1 ./.,.iK4
•
Dan , of / v.
City Clerk