August 15, 1985 -207-
MINUTES
WEST MEMPHIS CITY COUNCIL
August 15, 1985
The regular meeting of the West Memphis City Council was held on
Thursday, August 15, 1985 at 1:30 p.m. in West Memphis, Arkansas at City
Hall, 205 South Redding in the Council Chambers with Mayor Leo Chitman
Iwo presiding. Mayor Chitman called the meeting to order at 1:38 p.m.
The first item on the agenda, Public Hearing - to vacate and abandon
the alley in Block 1 of the Eugene Woods Subdivision of Ordinance of the
City. Mayor Chitman declared the Public Hearing open at 1:39 p.m. Judge
Fairley spoke to the City Council to close the alley, urging the City
Council to approve the Ordinance. Since no one came to speak against
closing the alley, the Mayor declared the Public Hearing closed at 1:40 p.m.
Prayer was offered by Reverend McDonald, New St. Paul M. B. Church.
The next item on the agenda was bid openings. Ms. T. Gardner of the
Community Development Agency opened the bids and they were read by City
Attorney Smith.
CDA - DEMOLITION PROJECT #5
Jesse Booker Construction Company 334 South 11th $1,800.00
316 South 13th 2,000.00
602 South 16th 1,800.00
224 South 17th 2,800.00
1212 Winchell 1,500.00
A & B Construction 334 South 11th $ 649.00
Iwo 316 South 13th 410.00
602 South 16th 720.00
224 South 17th 800.00
1212 Winchell 200.00
Wallace Construction Company 334 South 11th $ 490.00
316 South 13th 450.00
602 South 16th 550.00
224 South 17th 535.00
1212 Winchell 350.00
Johnnie Wallace Mottley 334 South 11th $ 450.00
316 South 13th 325.00
602 South 16th No Bid
224 South 17th 640.00
1212 Winchell No Bid
Howard Construction Company 334 South 11th $ 800.00
316 South 13th 800.00
602 South 16th 800.00
224 South 17th 800.00
1212 Winchell 500.00
Alderman Horton made a motion, seconded by Alderperson Jackson, to
ikw accept the bids and turn them over to the Community Development Agency for
review and disposition. Upon roll call vote, the voting was as follows:
AYE: Aldermen: Horton, Jackson, Morris, Sumpter, Brasfield, Cooper.
NAY: Aldermen: Shelton, Burnett, Dalton.
PASS: Aldermen: Guin. The motion PASSED.
Mr. Joe Scarbrough opened the bids for Evaporator Coil, Eugene Woods
Community Center, and City Attorney Smith read the following bids.
Eugene Woods Community Center - Evaporator Coil:
Mack's Heating & Air-Conditioning $6,633.00
Brain Refrigeration Services $8,600.00
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Alderman Morris made a motion, seconded by Alderman Cooper, to
accept the bids and turn them to the Advertising and Promotion Commission
for review and disposition. Upon roll call vote, the voting was as
follows:
AYE: Aldermen: Horton, Jackson, Morris, Sumpter, Brasfield, Burnett,
Cooper.
NAY: Aldermen: Shelton, Dalton.
PASS: Aldermen: Guin.
The motion Passed.
Mayor Chitman requested City Clerk Dan Craft to Call the Roll at
1:52 p.m. The following persons were present:
Mayor Leo Chitman
City Attorney Robert Smith
City Clerk Dan Craft
Aldermen:
Clarence Guin
Pritchard Horton
Roberta Jackson
Doug Morris
Larry Shelton
Roger Sumpter
Joe Brasfield
William Burnett
James Cooper
Curtis Dalton
Mayor Chitman declared a quorum present.
Mr. Michael Hagge, Community Development Agency Director, requested
the City Council to approve the completed application and to adopt the
Resolution concerning the Community Development Block Grant Program.
Discussion on guidelines and funding.
Alderperson Jackson made a motion, seconded by Alderman Cooper to
approve the Application for the Community Development Block Grant Program.
Upon roll call vote, the voting was as follows:
AYE: Aldermen: Guin, Horton, Jackson, Morris, Shelton, Sumpter,
Brasfield, Burnett, Cooper, Dalton.
NAY: Aldermen: None.
The motion PASSED.
City Attorney Smith read a Resolution of the City Council of the City
of West Memphis, Arkansas, approving the statement of Community Development
objectives and projected use of funds for the second year entitlement
increment of the Community Development Block Grant Program, making certain
required certifications to the Department of Housing and Urban Development,
and authorizing the Mayor to submit the Program Materials to the Department
of Housing and Urban Development.
Alderman Cooper made a motion, seconded by Alderman Morris, to adopt
the Resolution. Upon roll call vote, the voting was as follows:
AYE: Aldermen: Guin, Horton, Jackson, Morris, Shelton, Sumpter,
Brasfield, Burnett, Cooper, Dalton.
NAY: Aldermen: None.
The Resolution PASSED and was assigned Resolution No. 1021, which reads
as follows:
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RESOLUTION NO. / 7 1
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
WEST MEMPHIS, ARKANSAS, APPROVING THE STATEMENT
OF COMMUNITY DEVELOPMENT OBJECTIVES AND PROJECTED
USE OF FUNDS FOR THE SECOND YEAR ENTITLEMENT INCRE-
MENT OF THE COMMUNITY DEVELOPMENT BLOCK GRANT PRO-
GRAM, MAKING CERTAIN REQUIRED CERTIFICATIONS TO
THE DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT,
AND AUTHORIZING THE MAYOR TO SUBMIT THE PROGRAM
MATERIALS TO THE DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT.
WHEREAS, the City of West Memphis is desirous of undertaking a variety
of community improvement activities with funds available under the provisions
of Title I of the Housing and Community Development Act of 1974, as amended
through the Housing and Community Development Amendment of 1981; and
WHEREAS, in accordance with the provisions of the 1981 Amendment and the
Housing and Urban-Rural Recovery Act of 1983, and in order to design the con-
tent of the proposed Second Year Program, a Statement of Community Objectives
and Projected Use of Funds for the Second Year Entitlement increment of the
Communtiy Development Block Program, which document is dated July 19, 1985
has been prepared; and
WHEREAS, the City Council has reviewed in full and discussed at length
ifto the contents of the July 19, 1985 Statement of Community Development Objectives
and Projected Use of Funds for the Second Year, recognizing that it may make
changes during the present meeting; and
WHEREAS, the City Council determines that a suitable level of public
accountability has been achieved through the planning process for the Second
Year Program which involved a public hearing and various publications in a
newspaper of general local coverage and specifically the publications of the
Second Year Statement, and the making available to interested citizens of in-
formation at City Hall; and
WHEREAS, the City is required to submit to the Department of Housing and
Urban Development certain certifications of compliance with applicable statutes
and executive orders associated with the Community Development Block Grant
Program.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST
MEMPHIS, ARKANSAS:
1. That the Statement of Community Development Objectives and Projected
Use of Funds for the Second Year Community Development Block Grant Program
is hereby approved as a Final Statement. in all respects to serve as the guiding
instrument for the implementation of the Second Year Program; said Program to
be administered by the Community Development Agency of West Memphis.
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2. That the Mayor be and hereby is authorized to submit to the Little Rock
Area Office of the Department of Housing and Urban Development said final
Statement of Community Development Objectives and Projected Use of Funds.
3. That the Mayor be and hereby is authorized to act as the City's
official correspondent with the Department of Housing and Urban Development and
to provide additional information as may be requested; and to certify to the
Department of Housing and Urban Development the City's compliance with current
requirements for citizen participation and public accountability in developing
the annual entitlement increment, with the requirements of the applicable
civil rights laws and Executive Orders pertaining thereto, with the requirements
that the projected use of funds has been developed so as to give maximum
feasible priority to activities which will benefit low- and moderate-income
persons or aid in the prevention or eliminations of slums or blight, and with
other applicable laws; and that the Director of the Community Development
Agency of West Memphis be designated the "lead person" for the Community
Development Block Grant Program.
4. That the Community Development Plan, dated August 15, 1985, is hereby ap-
proved in all respects and shall serve as a guide for the implementation of
the Community Development Block Grant Program during the first, second, and
ellthird years of the Entitlement Program.
5. That this resolution shall be in full force and effect from and after
its passage and approval.
1G, "*+ '
DATE PASSED: C �r
ATTEST: 'J;4fr''
X`'lly`w,
APPROVED: ..�1V� �"`"
----�1 "► Mayor
{
The Chair called for a five minute recess to sign the papers as time
was a matter of essence. Alderman Morris made a motion, seconded by
Alderman Cooper, to recess. Upon voice vote of the Council, the voting
was unaminous. The motion Passed. The meeting recessed at 2:11 p.m.
Mayor Chitman called the meeting back to order at 2:23 p.m.
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Mayor Chitman called for a motion to move up on the agenda an
Ordinance to vacate and abandon the alley in Block 1 of the Eugene
Woods Subdivision.
Alderman Morris made a motion, seconded by Alderperson Jackson,
to move the Ordinance up on the agenda. Upon voice vote of the Council,
the voting was unanimous. The motion Passed.
City Attorney Smith read a Ordinance to vacate and abandon the alley
im, in Block 1 of the Eugene Woods Subdivision to the the City of West
Memphis, Arkansas as shown by Plat recorded in Plat Book 1, Page 94,
of the records of Crittenden County, Arkansas, and for other purposes.
Read for the first time.
Alderman Brasfield made a motion, seconded by Alderman Guin, to approve
the Ordinance on its first reading. Upon roll call vote, the voting
was as follows:
AYE: Aldermen: Guin, Horton, Jackson, Morris, Shelton, Sumpter,
Brasfield, Burnett, Cooper, Dalton.
NAY: Aldermen: None.
The Ordinance PASSED on its First Reading.
City Attorney Smith left the meeting for a few minutes and the
meeting resumed when he returned.
Mayor Chitman recognized Alderman Morris, Chairman Act 9 Bond
Committee. Alderman Morris stated that Attorney Jim Buttry, attorney
for Friday, Eldredge and Clark would speak on behalf of the Act 9
Bond. Attorney Buttry stated the purpose of the change in the Act 9
two Bond was a desire to amend the trust indenture and make the bonds
serial bonds instead of term bonds. There would be no change of interest
rate they would be maturing at the same time. Discussion. Attorney
Buttry requested the Public Hearing at this time.
Mayor Chitman stated the ad of the Public Hearing had been run in
the newspaper and the Public Hearing was declared open at 2:30 p.m.
Since their was no opposition and no one came forward to speak against
the Bond Isuue, the Mayor declared the Public Hearing closed at 2:32 p.m.
Alderman Morris made a motion, seconded by Alderman Cooper to
move the Ordinance up on the agenda at this time. Upon voice vote of
the Council, the voting was unanimous. The motion Passed.
•
City Attorney Smith read an Ordinance authorizing the issuance of
Industrial Development Revenue Bonds for the purpose of replacing Bonds
presently outstanding; authorizing a supplemental Trust Indenture;
authorizing an prescribing other matters pertaining thereto; and declaring
an emergency. Read for the first time in its entirety.
imw Alderman Morris made a motion, seconded by Alderperson Jackson, to
approve the Ordinance on its first reading. Upon roll call vote, the
voting was as follows:
AYE: Aldermen: Guin, Horton, Jackson, Morris, Shelton, Sumpter,
Brasfield, Burnett, Cooper, Dalton.
NAY: Aldermen: None.
The Ordinance PASSED on its first reading.
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Mayor Chitman called for amotion to suspend the rules and the
Ordinance be placed on its second reading.
Alderman Guin made a motion, seconded by Alderperson Jackson, to
suspend the rules and the Ordinance be placed on its second reading.
Upon roll call vote, the voting was as follows:
AYE: Aldermen: Guin, Horton, Jackson, Morris, Shelton, Sumpter,
Brasfield, Burnett, Cooper, Dalton.
NAY: Aldermen: None.
The motion Passed. City Attorney Smith read the Ordinance for the
41111 second time.
Mayor Chitman called for a motion to further suspend the rules and
the Ordinance be placed on its third and final reading.
Alderman Guin made a motion, seconded by Alderperson Jackson, to further
suspend the rules and the Ordinance be placed on its third and final
reading. Upon roll call vote, the voting was as follows:
AYE: Aldermen: Guin, Horton, Jackson, Morris, Shelton, Sumpter,
Brasfield, Burnett, Cooper, Dalton.
NAY: Aldermen: None.
The motion Passed. City Attorney Smith read the Ordinance for the third
and final time. Discussion.
Mayor Chitman asked, "Shall the Ordinance pass?"
Alderman Guin made a motion, seconded by Alderman Cooper, to adopt the
Ordinance. Upon roll call vote, the voting was as follows:
AYE: Aldermen: Guin, Horton, Jackson, Morris, Shelton, Sumpter,
Brasfield, Burnett, Cooper, Dalton.
NAY: Aldermen: None.
4/
The motion Passed. Mayor Chitman called for a motion to adopt the
Emergency Clause, Section 7.
Alderman Guin made a motion, seconded by Alderman Cooper, to adopt the
Emergency Clause, Section 7. Upon roll call vote, the voting was
as follows:
AYE: Aldermen: Guin, Horton, Jackson, Morris, Shelton, Sumpter,
Brasfield, Burnett, Cooper, Dalton.
NAY: Aldermen: None.
The Ordinance and the Emergency Clause, Section 7 passed with two-thirds
majority of the elected officials present and voting. The Ordinance was
assigned Ordinance No. 1223, which reads as follows:
ORDINANCE NO.
AN ORDINANCE AUTHORIZING THE ISSUANCE OF
INDUSTRIAL DEVELOPMENT REVENUE BONDS FOR THE
PURPOSE OF REPLACING BONDS PRESENTLY
OUTSTANDING; AUTHORIZING A SUPPLEMENTAL
TRUST INDENTURE; AUTHORIZING AND PRESCRIBING
OTHER MATTERS PERTAINING THERETO; AND
DECLARING AN EMERGENCY.
WHEREAS, the City of West Memphis, Arkansas (the
"City" ) , is authorized and empowered under the provisions of Act
No. 9 of the First Extraordinary Session of the Sixty-Second
General Assembly of the State of Arkansas, approved January 21,
1960, as amended (the "Act" ) , to issue revenue bonds and to
expend the proceeds thereof to finance the acquisition,
construction and equipment of land, buildings or facilities
which can be used in securing or developing industry; and
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WHEREAS, the City has issued its revenue bonds under
the Act, designated City of West Memphis, Arkansas Industrial
Development Bonds - Hackney, Inc`. Project, Series 1982, dated
October 1, 1982 ) the "Outstanding Bonds" ) in the principal
amount of $3, 000, 000, to finance the costs of acquiring,
constructing and equipping an expansion to a manufacturing plant
(the "Project" ) , and the City leases the Project to Trinity
Industries, Inc. , a Texas corporation ( as successor in interest)
(the "Company" ) ; and
WHEREAS, it has been requested that the portion of the
Outstanding Bonds, in the principal amount of $1, 500, 000, which
are term bonds (the "Outstanding Term Bonds" ) be exchanged for
serial bonds (the "Serial Bonds" ) which bear interest at the
same rate as that of the Outstanding Term Bonds and mature on
the dates and in the amounts provided for mandatory redemption
of the Outstanding Term Bonds; and
WHEREAS, the replacement of the Outstanding Term
Bonds, as set forth above, is in the interest of the continued
industrial development of the City; and
WHEREAS, copies of the hereinafter described First
Supplemental Trust Indenture have been presented to and are
before this meeting;
NOW, THEREFORE, BE IT ORDAINED by the City Council of
the City of West Memphis, Arkansas:
Section 1. That the execution and delivery of the
Serial Bonds is hereby authorized. The Serial Bonds shall bear
interest at the rate borne by the outstanding Term Bonds and
shall mature on the dates on which the Outstanding Term Bonds
are subject to redemption prior to maturity.
Section 2 . That to prescribe the terms and conditions
upon which the Serial Bonds are to be executed, authenticated
and delivered, the Mayor is hereby authorized and directed to
execute and acknowledge a First Supplemental Trust Indenture by
and between the City and the Trustee for the Outstanding Bonds,
and the City Clerk is hereby authorized and directed to execute
and acknowledge the First Supplemental Trust Indenture and to
affix the seal of the City thereto, and the Mayor and City Clerk
are hereby authorized and directed to cause the First
Supplemental Trust Indenture to be accepted, executed and
acknowledged by the Trustee. The First Supplemental Trust
Indenture is hereby approved in substantially the form submitted
to this meeting, and the Mayor is hereby authorized to confer
with the Trustee and the Company in order to complete the First
Supplemental Trust Indenture in substantially the form submitted
to this meeting with such changes as shall be approved by such
persons executing the document, their execution to constitute
conclusive evidence of such approval .
Section 3 . That the Mayor and City Clerk, for and on
behalf of the City, be, and they are hereby, authorized and
directed to do any and all, things necessary to effect the
execution and delivery of the First Supplemental Trust
Indenture, and the performance of all acts of whatever nature
necessary to effect and carry out the authority conferred by
this Ordinance. That the Mayor and City Clerk be, and they are
hereby, further authorized and directed, for and on behalf of
the City, to execute all papers, documents, certificates and
other instruments that may be required for the carrying out of
such authority or to evidence the exercise thereof.
Section 4. That the City Clerk is hereby authorized
and directed to file in the office of the City Clerk, as a part
of the minutes of the meeting at which this Ordinance is
adopted, for inspection by any interested person a copy of the
First Supplemental Trust Indenture.
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Section 5. That the provisions of this Ordinance are
hereby declared to be separable, and if any section, phrase or
provision shall for any reason be declared to be invalid, such
declaration shall not affect the validity of the remainder of
the sections, phrases and provisions.
Section 6. That all ordinances, resolutions and parts
thereof in conflict herewith are hereby repealed to the extent
of such conflict.
Section 7 . That there is hereby found and declared to
be an immediate need for the replacement of the Outstanding Term
Bonds by the Serial Bonds, in order that the value of the
Outstanding Bonds may be maintained at its maximum level,
thereby furthering the securing and developing of industry in
order to provide employment and payrolls, alleviate unemployment
and otherwise benefit the public health, safety and welfare of
the City and the inhabitants thereof, and the execution and
delivery of the Serial Bonds and the taking of the other action
authorized hereby are immediately necessary for the
accomplishing of these public benefits and purposes . It is,
therefore, declared that an emergency exists and this Ordinance
being necessary for the immediate preservation of the public
peace, health and safety shall beini"forc'e, and effect
immediately upon and after its passage.
PASSED: C „r,,, is' , 19 :5 .
- - -. D; 7
ATTEST: i
A.(2:11 ,
City Clerk
(SEAL)
PRESENTATIONS:
Mr. Billy Johnson, Manager of the West Memphis Utilities, requested
the City Council to approve the purchase of the truck for $75,948.00
to Al-Tex, since the bid is over $25,000.00 he has to receive permission
from the City Council to purchase the truck. Mr. Johson stated he also
needed approval from the City Council to approve a change order for
Allison Construction Company in the amount of $9,284.00. Mr. Johnson
stated he would need approval from the Council to offer Sun Pipeline a
sum of $126,000.00 for 33 acres of land to be bought for the new sewer
treatment plant. Discussion.
Alderman Dalton made a motion, seconded by Alderman Burnett, to approve
the purchase of the truck in the amount of $75,984.00. Upon roll call
vote, the voting was as follows:
AYE: Aldermen: Guin, Horton, Jackson, Morris, Shelton, Sumpter,
Brasfield, Burnett, Cooper, Dalton.
NAY: Aldermen: None.
The motion PASSED.
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Alderman Guin made a motion, seconded by Alderman Dalton, to
approve the change order in the amount of $9,284.00. Upon roll call
vote, the voting was as follows:
AYE: Aldermen: Guin, Horton, Jackson, Morris, Shelton, Sumpter,
Brasfield, Burnett, Cooper, Dalton.
NAY: Aldermen: None.
The motion PASSED.
Alderman Guin made a motion, seconded by Alderman Morris, to
approve the request to offer Sun Pipeline Company $126,000.00 for 33
Imo
acres of land. Upon roll call vote, the voting was as follows:
AYE: Aldermen: Guin, Horton, Jackson, Morris, Shelton, Sumpter,
Brasfield, Burnett, Cooper, Dalton.
NAY: Aldermen: None.
The motion PASSED.
City Attorney stated he had made his presentation in Pre-Council
and did not need the time.
CITIZENS REQUEST: None.
The next item on the agenda was the approval or correction of the
Minutes of the August 1, 1985 City Council Minutes.
Alderman Burnett made a motion, seconded by Alderperson Jackson,
to approve the Minutes for the August 1, 1985 City Council meeting as
presented. Upon roll call vote, the voting was as follows:
AYE: Aldermen: Guin, Jackson, Morris, Shelton, Sumpter,
imor
Brasfield, Burnett, Cooper, Dalton.
NAY: Aldermen: None.
PASS: Aldermen: Horton.
The motion PASSED.
The first item under Old Business was the third reading of a
Ordinance creating and establishing the office of Code Enforcement
Officer, defining his duties, and for other purposes. City Attorney
read the Ordinance for the third and final time.
Alderman Cooper made a motion, seconded by Alderman Morris, to
adopt the Ordinance on its third and final reading. Discussion.
Upon roll call vote, the voting was as follows:
AYE: Aldermen: Guin, Horton, Jackson, Morris, Shelton, Sumpter,
Brasfield, Burnett, Cooper, Dalton.
NAY: Aldermen: None.
The Ordinance PASSED and was assigned Ordinance No. 1224, which reads as
follows: (On page 216)
City Attorney read for the second time an Ordinance establishing a
lbw procedure for purchasing, sale, or exchange, of property in compliance
with Act No. 745 of 1985 and Act No. 28 of 1959 (Arkansas Statutes 19-4421
through 19-4430) : Repealing Ordinance No. 1136, Section 2.06.100 of the
West Memphis Municipal Code and Chapter 3.08 of the West Memphis Municicpal Code.
Alderman Cooper made a motion, seconded by Alderman Burnett, to approve
the Ordinance on its second reading. Upon roll call vote, the voting was
as follows:
AYE: Aldermen: Guin, Horton, Jackson, Morris, Brasfield, Cooper.
NAY: Aldermen: Shelton, Sumpter, Burnett, Cooper.
The Ordinance PASSED on its Second Reading.
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i/
ORDINANCE NO . / i /_- L/
AN ORDINANCE CREATING AND ESTABLISHING THE OFFICE OF CODE
ENFORCEMENT OFFICER, DEFINING HIS DUTIES , AND FOR OTHER PURPOSES .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
MEMPHIS , ARKANSAS :
Section 1 . CREATION OF THE OFFICE OF CODE ENFORCEMENT OFFICER.
There is hereby created and established the Office of Code
Enforcement Officer.
Section 2. APPOINTMENT OF CODE ENFORCEMENT OFFICER. - The
Lode Fnforcement Officer shall be appointed by the Mayor with the
advice and consent of the City Cnunc i 1 _and sha11 le: for
the term of four (4) years. Re shall be appointed at the first
meeting of the City Council after the .Mayor shall have taken the
oath of office , or as soon thereafter as possible. Should a
vacancy in the office exist or occur , the office shall be filled
without delay.
The Mayor shall have the right and authority to appoint
one or more Assistants , who shall be approved by the City Council ,
and who shall be under the direction of the Code Enforcement
Officer. The Code Enforcement Officer and his Assistants shall
be responsible to the Mayor
Section 3 . DUTIES OF CODE ENFORCEMENT OFFICER. - Subject to
the suggestions of the City Council the Code Enforcement Officer ,
shall in addition, to such other duties as may be assigned to him
by the Mayor , enforce this Ordinance and such other Laws and
Ordinances relating to buildings or structures as may be
specifically provided.
Section 4 . QUALIFICATIONS OF CODE ENFORCEMENT OFFICER_ -
The Code Enforcement Officer shall be technically iaf:nrm�a an the
quality and strength of building materials , on the prevailing
methods of building and construction, on 1-he latest practices in
fire prevention, on the accepted requirement for safe exit •
facilities , and on the proper equipment in buildings , and other
installations for the safety, comfort , and convenience of the
occupants . Be shall not have any interest whatever, directly or
Rri;r�'€f) Nr( (cR10f`
Ink
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indirectly in the sale or manufacture of any material , process
or device entering into or- used in or in connection with building
or construction.
Section 5. EXAMINE APPLICATIONS . - He shall investigate
applications and examine plans and specifications for the
two construction, alteration , removal or demolition of buildings
or structures referred to him and shall report thereon to the
City Council with recommendations of approval or disapproval .
He shall examine premises for which permits have been issued
and shall make necessary inspections to see that the provisions
of the laws are complied -with and that construction is prosecuted
safely. He shall , when requested by the City Council or when the
interests of the city so require , make investigations in connection
with matters referred to in this ordinance and render written
reports on the same . For the purpose of enforcing compliance
with law, to remove illegal or unsafe condition , to secure the
necessary safeguards during construction, or to require adequate
exit facilities in existing buildings , he shall issue notices or
orders as may be necessary.
Section 6 . SHALL KEEP RECORDS . - The Code Enforcement
Officer shall keep careful and comprehensive records of appli-
cations , of permits issued, of certificates issued , of inspections
made , or reports rendered, and of notices or orders issued. He
shall retain on file , copies of all papers in connection with
bu lffing work until otherwise ordered disposed of by the City
Council. All such records shall be open to public inspection
at reasonable hours , butshall not be removed from the office of
the Code Enforcement Officer.
Section -7. ASSISTANCE OF CHIEF OF POLICE AND CITY ATTORNEY. -
The Code Enforcement Officer shall request and receive so far
as may be necessary , the assistance and co-operation of the
Chief of Police in enforcing orders of the City Attorney in .
prosecuting violations , and of these and other city officials
in proper and necessary performance of his duties .
2 . •
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Section 8 . MAY ENTER UPON PREMISES FOR PURPOSES OF
INSPECTION . - The Code Enforcement Officer in the proper
discharge of his duties, shall request authority at any reasonable
hour to enter any premises , building or structure. For the
purpose of identification he shall adopt a badge of office
which he shall display on demand provided that in an emergency ,
•
any other method of identification shall be sufficient_ Should
permission be denied, a search warrant shall be requested.
Section 9 . ABSENCE OF INSPECTOR, DEPUTY TO ACT. - In the
absence or disability of the Code Enforcement Officer, the duly
appointed deputy Code Enforcement Officer, subject to and in
accordance with the provisions of this section , shall be vested
with all the rights and privileges and shall discharge all the
duties of the Code Enforcement Officer, during the absence or
disability of both the Code Enforcement Officer and the Deputy
J.
Code Enforcement Officer , the Mayor with approval of the City
Council shall designate a qualified subordinate to discharge
the duties of the Code Enforcement Officer.
Section 10 . UNCONSTITUTIONALITY CLAUSE. - Should any
section, paragraph, sentence , clause , or phrase of this Ordinance
be declared unconstitutional or invalid for any reason, the
remainder of said Crdinance shall not be affected thereby and
shall remain in full force and effect , and to this end the
provisions of this Ordinance are declared to be severable.
Section 11 . All Ordinances or parts of Ord" . ;. e in.
conflict herewith are hereby repealed.
PASSED AND APPROVED this /I / / day of / ,
1985.
r
ATTEST: MAYOR
CITY CL geld/
SPONSORED BY:
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The next item on the agneda under old business was a discussion
on Street Department Budget Changes for Retirement Program. Alderman
Morris stated these were the budget changes that were tabled from the
last City Council meeting. Discussion.
STREET DEPARTMENT - BUDGET FUNDS FOR FOR ADDITION EXPNESES.
Retirement Payments A/C#211-409-00 Increase $2225.00
Mat for M & R
Traffic Ctrl Eq. A/C#211-529-00 75.00
Consulting Fees A/0211-544-004925.00
Buildings A/C#211-901-00 600.00
Alderman Morris made a motion, seconded by Alderman Burnett, to
approve the budget change in the Street Department Budget. Upon roll
call vote, the voting was as follows:
AYE: Aldermen: Guin, Horton, Jackson, Morris, Shelton, Sumpter,
Brasfield, Burnett, Cooper, Dalton.
NAY: Aldermen: None.
The motion PASSED.
The first item under New Business the reading of a Resolution expressing
the willingness of the City to match Federal Aid and Urban System Monies
for the South Airport-Rainer Road Improvements. Read by City Attorney
Smith.
Alderman Guin made a motion, seconded by Alderman Cooper to adopt
the Resolution. Lengthy discussion concerning the City Council had done
everything to help Mr. Rainer and this Resolution would upgrade his
property greatly and he was suing the City of West Memphis. Any further
tow consideration for Mr. Rainer would be taken under advisement. Upon roll
call vote, the voting was as follows:
AYE: Aldermen: Guin, Horton, Jackson, Morris, Shelton, Sumpter,
Brasfield, Burnett, Cooper, Dalton.
NAY: Aldermen: None.
The Resolution PASSED and was assigned Resolution No. 1022.
Mayor Chitman requested the City Council to approve the Agreement between
the City of West Memphis, Arkansas and the Arkansas Highway and Transportation
Department relative to Rainer-Airport Road.
Alderman Cooper made a motion, seconded by Alderman Morris, to approve
the Agreement. Upon roll call vote, the voting was as follows:
AYE: Aldermen: Guin, Horton, Jackson, Morris, Shelton, Sumpter.
Brasfield, Burnett, Cooper, Dalton.
NAY: Aldermen: None.
The Resolution and the Agreement PASSED and read as follows: (On page 220 )
City Attorney read a Resolution expressing the willingness of the
City of West Memphis to participate in the City Bridge Load Posting Program.
Alderman Dalton made a motion, seconded by Alderman -Guin, to adopt the
400 Resolution. Upon roll call vote, the voting was as follows:
AYE: Aldermen: Guin, Horton, Jackson, Morris, Shelton, Sumpter,
Brasfield, Burnett, Cooper, Dalton.
NAY: Aldermen: None.
The Resolution PASSED and was assigned Resolution NO. 1023, which reads
as follows: (On page 223 )
Alderman Cooper made a motion, seconded by Alderperson Jackson, to
approve the Agreement. Upon roll call vote, the voting was as follows:
-220-
AYE: Aldermen: Guin, Horton, Jackson, Morris, Shelton, Sumpter,
Brasfield, Burnett, Cooper, Dalton.
NAY: Aldermen: None.
The Resolution and the Agreement PASSED and are on Page
RESOLUTION NO. 1022
A RESOLUTION EXPRESSING THE WILLINGNESS
OF THE CITY OF West Memphis TO MATCH FEDERAL
AID AND URBAN SYSTEM MONIES FOR THE
South Airport-Rainer Road Improvements
WHEREAS, the City of West Memphis understands additional Federal-Aid
and Urban System funds are available for improvements to the city streets; and
WHEREAS, the City has determined that the top priority project is
South Airport Road from U.S. 70 to Rainer Road and Rainer Road from South Airport Road
to South Avalon Street.
WHEREAS, the City understands that their matching portion of this project
will be 25% of the total cost, and should the escrowed City matching funds be
inadequate to cover the City's obligation, the Department may cause this
deficiency to be withheld from the allotment of gasoline tax returnable to
the City;
NOW THEREFORE BE IT RESOLVED BY THE CITY Council OF THE CITY
OF -_West Memphis , ARKANSAS, THAT:
SECTION I: The City of West Memphis will participate in accordance
with its designated responsibility in this project.
SECTION II: The Mayor of West Memphis is hereby authorized and directed to
execute all appropriate agreements and contracts necessary to expedite the
construction of the improvements on city streets.
SECTION III: The City of West Memphis pledges its full support and
hereby authorizes the Arkansas State Highway and Transportation Department to
initiate action to construct this project.
THIS RESOLUTION adopted this 15thday of Au•u_t / , 19g ,
,
MAYOR
ATTEST: / fl
-221-
P
AGREEMRNT OF UNDERSTANDING �
BETWEEN
THE CITY OF WEST MEMPHIS , ARKANSAS
AND
THE ARKANSAS HIGHWAY AND
TRANSPORTATION DEPARTMENT
In Cooperation with the
U. S . Department of Transportation
Federal Highway Administration
RELATIVE TO
The improvement and maintenance of Urban Arterial and Collector
Routes on the Federal Aid Urban System.
WHEREAS, the 1978 Surface Transportation Assistance Act provides
75% Federal-Aid funds to be matched with 25% local funds for
improvements to facilities on the Federal-Aid Urban System, and
WHEREAS, the City has expressed its desire to participate in
the Federal Aid Urban System Program, and
WHEREAS, the City understands that the Department will adhere to
the General Requirements for recipients and subrecipients concerning
minority business enterprises as stated on the •attachment,
IT IS HEREBY AGREED that the City of West Memphis and the
Arkansas Highway and Transportation Department, in cooperation with
the Federal Highway Administration, will participate in a cooper-
ative program for implementation, and
HEREBY, accept the responsibilities and assigned duties as described
hereafter.
THE CITY WILL:
1. Be responsible for satisfactory maintenance and operation of
all improvements on that portion of the Federal Aid Urban
System not on the Arkansas Highway System and all traffic
signals on the Arkansas Highway System. Failure to adequately
maintain and operate the facility in accordance with Federal
Aid requirements will result in withholding future Federal Aid
highway funds.
2. Be responsible for 25% of the total project cost, which will
include preliminary engineering services, construction
engineering services, appraisal and acquisition of right-
of-way, relocation services (when required) , and adjustment
of all man-made improvements, including utilities, for urban
system projects not on the Arkansas Highway System.
3. Be responsible for 100% of all preliminary engineering and
other costs incurred should the city not enter into the
construction phase of the project.
4 . Be responsible for any and all expenditures which may be
declared non-participating, including right-of-way and
utilities as discussed in Item 2 above , where sufficient
Federal-Aid funds are not available to the City. This is
to he a joint agreement developed between the Department
and the City after preliminary project investigations have
been completed and the magnitude of the project determined.
rrrr
•-222-
5. Submit a letter to the Right-of-Way Division of the Arkansas
State Highway and Transportation Department stipulating the
services relative to right-of-way acquisition , appraisal ,
relocation and utilities that the City will assume or request
that the Arkansas State Highway and Transportation Department
handle same or all of these services .
6 . Transmit to the Arkansas State Highway and Transportation
Department a copy of the Resolution from the City Council
or Board of Directors which requests a project and authorizes
the Mayor or City Manager to execute contracts with the
Arkansas State Highway and Transportation Department for
projects on city streets.
7 . Submit to the Arkansas State Highway and Transportation Depart-
ment 5% of the estimated total project cost before preliminary
engineering begins.
8. Submit to the Department the local matching share of the final
estimated cost before the project is advertised for construe-
tion letting.
9. Make no alterations to the improvements constructed under the
Urban System Program without first consulting with the Arkansas
State Highway and Transportation Department.
10. Maintain or adopt regulations and ordinances as necessary for
proper operation of the improvements.
11. Be responsible for the necessary enforcement of operations as
required by improvements on the Arkansas State Highway System
and the Urban System.
12. Hereby attest that the employment policies and practices with
regard to its employees, any part of whose compensation is
reimbursed from Federal funds , will be without regard to race,
color, creed, or national origin.
THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT WILL:
1. Be responsible for administering Federal-Aid Urban System
funds and for supervision of improvement projects funded
through the Federal-Aid Urban System program.
2. Provide technical assistance to the City upon request for
continuing the Federal-Aid Urban System program.
3 . Provide technical assistance upon request for developing
the necessary plans and specifications for all Federal-Aid
Urban projects .
4 . Provide a continuing traffic engineering function for those
urban areas where a continuing transportation planning pro-
cess is not established.
5. When requested , provide the necessary services relative to
right-of-way acquisition , appraisal , relocation, and utility
adjustments and will be reimbursed for costs involved in
performing these services .
IT IS FURTHER AGREED that, should the City fail to fulfill its
responsibilities and assigned duties as related in the Agreement,
such failure will disqualify the City from future participation
in the Federal-Aid Urban System program.
IN WITNESS WHEREOF, the parties thereto have executed this
Agreement this 15th day of l� 91a.
ARKANSAS STATE HIGIiWAY
AND TRANSPORTATION DEPARTMENT CITY OF W T MERI
ZPIEP
D rector of Highways a •r - lel
and Transportation
-223-
RESOLUTION NO. 1023
A RESOLUTION EXPRESSING THE WILLINGNESS
OF THE CITY OF West Memphis TO PARTICIPATE IN THE
CITY BRIDGE LOAD POSTING PROGRAM
WHEREAS, the City of West Memphis understands Federal-Aid Bridge
lie Replacement and Rehabilitation funds are available for posting structures that
are restricted by weight; and
WHEREAS, it is understood that such bridge posting is mandated by Federal
regulations to insure public safety;
NOW THEREFORE BE IT RESOLVED BY THE CITY WEST MEMPHIS OF THE CITY OF
WEST MEMPHIS , ARKANSAS, THAT:
SECTION I: The City of West Memphis will participate in accordance
with its designated responsibility in this project.
SECTION II: The _ Mayor is hereby authorized and directed to
Mayor/City Manager
execute all appropriate agreements and contracts necessary to properly erect the
signs at bridges eligible for participation under this program.
SECTION III: The City of West Memphis pledges its full support and
• hererby authorizes the Arkansas State Highway and Transportation Department to
initiate action to implement this program.THIS RESOLUTION adopted this 15 day of Auguct • , --19 S-
.,)
-•�/
YoEj -ITY-tthtmerhrR
4 ATTEST:
AGREEMENT OF UNDERSTANDING
BETWEEN
THE CITY OF\ tSc tAbylk;s , ARKANSAS
AND
THE ARKANSAS STATE HIGHWAY AND
TRANSPORTATION DEPARTMENT
In Cooperation with the
U.S . Department of Transportation
Federal Highway Administration
RELATIVE TO
INSTALLATION OF WARNING SIGNS AT BRIDGES WITH RESTRICTIVE WEIGHT LIMITS
WHEREAS, the 1978 Surface Transportation Assistance Act provides Federal-Aid
funds for the erection of warning signs at bridges that are limited by weight,
and
-224-
WHEREAS, there are now bridges under the city' s jurisdiction that are not in
compliance with the National Bridge Standards,
IT IS HEREBY AGREED that the City of \AEA— Nkt his , hereafter referred to as
the City, and the Arkansas State Highway and Transportation Department hereafter
referred to as the Department, in cooperation with the Federal Highway
Administration, will participate in a cooperative program for andthe installation
9110
of weight limit signs at local restricted bridges 1
and
FURTHER, accept the responsibilities and assigned dutied as described hereafter.
THE CITY WILL:
1 . Be responsible for the purchase of signs that comply with the Manual on
Uniform Traffic Control Devices, Weight Limits Signs (R12-1 to 5) . No pay-
ment to the city will be made for signs that fail to meet these requirements.
2. Be responsible for properly installing the signs at the designated locations.
3. Be responsible for installing the signs within six months of the notice to
proceed.
4. Be responsible for maintaining the signs at the city' s expense in accordance
with applicable Federal and Arkansas State Highway and Transportation
Department regulations.
5 . Hereby attest that the employement policies and practices with regard to its
employees, any part of whose compensation is reimbursed from Federal funds
will be without regard to race, color, creed, or national origin.
THE ARKANSAS STATE HIGHWAY AND TRANSPORTATION DEPARTMENT WILL:
1 . Be responsible for administering Federal-Aid Bridge Replacement and
Rehabilitation Program funds and for supervision of improvement projects
funded through the Federal-Aid Bridge Replacement and Rehabilitation Program.
2. Be responsible for furnishing the locations of the bridges requiring posting
and specifications for the signs .
3. Be responsible for inspecting the signs before final payment to the city.
4. Be responsible for reimbursement to the city of the established unit price.
IT IS FURTHER AGREED that, should the City fail to fulfill its responsibilities
and assigned duties as related in the Agreement, such failure will disqualify
the City from future participation in any Federal-Aid highway programs.
IN WITNESS WHEREOF, the parties thereto have executed this Agreement this 15th
day of August , 19 35.
ARKANSAS STATE HIGHWAY �\
AND TRANSPORTATION DEPARTMENT + CITY OF i WEST MEN H
Director of Highways Mayor/1; fanage'r
and Transportation
City Attorney Smith a Resolution from the Planning Commission recommending
a change in the West Memphis Comperhensive Plan.
Alderman Shelton made a motion, seconded by Alderman Cooper to adopt
the Resolution. Upon roll call vote, the voting was as follows:
AYE: Aldermen: Guin, Horton, Jackson, Morris, Shelton, Sumpter,
Brasfield, Burnett, Dalton.
NAY: Aldermen: None.
The Resolution PASSED and was assigned Resolution No. 1024, which reads
as follows: (Alderman Cooper was out of the room for the vote.)
-225-
,
RESOLUTION NO. ///
WHEREAS , at the meeting of the West Memphis Planning
Commission on July 31 , 1985, the Planning Commission considered
and recommended a change in the West Memphis Comprehensive
Plan from Industrial District to Apartment District of the
following described lands , and the City Council finds that
the recommended change in the Comprehensive Plan should be
granted; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST
MEMPHIS, ARKANSAS :
That the West Memphis Comprehensive Plan be amended to
Apartment District with respect to :
A 3. 93 acre lot lying in a fractional part of Lot 40
of Bond' s Survey of Irregular Lots of the City of
West Memphis , Arkansas , as shown by plat recorded
in Plat Book 1 at page 107 in the office of the
Recorder of Crittenden County, Arkansas , being more
particularly described as follows :
Beginning at a point on the south line of Lot 40 that
is 30.0 feet east of the SW corner of said Lot 40 ,
point also being on the east right of way line of
Avalon Street , thence continue east along the south
line of Lot 40, a distance of 498 .0 feet to the SE
corner of said Lot 40, thence north 07 degrees 15
minutes east along the east line of Lot 40 a distance
of 330 .66 feet , thence north 89 degrees 41 minutes
west a distance of 539. 74 feet to a point on the east
right of way line of Avalon Street , thence south along
a line parallel to and 30. 0 feet east of the west line
of Lot 40 a distance of 331 .0 feet to the point of
beginning, containing 3 . 93 acres, more or fess .
Dabbs School property at 1512 Sout
PASSED AND APPROVED this /1— day •f t ' -%3
1985 .
VoWeAPPPr
MAY6R; -
ATTEST:
C TY "C R' it,fci+►l far�c
-226-
City Attorney Smith read an Ordinance to rezone 3.93 Acre Tract of
Land in Lot 40 of Bond's Survey of Irregular Lots in West Memphis,
Arkansas, and for other purposes, for the first time.
Alderman Morris made a motion, seconded by Alderman Shelton, to
approve the Ordinance on its first reading. Upon roll call vote, the
voting was as follows:
AYE: Aldermen: Guin, Horton, Jackson, Morris, Shelton, Sumpter,
Brasfield, Burnett, Dalton.
NAY: Aldermen: None.
iji
The Ordinance PASSED on its First Reading.
Alderman Shelton made a motion, seconded by Alderman Morris, to
place a Resolution concerning Firemen's Test on the agenda. Upon voice
vote of the Council, the voting was unanimous. The motion PASSED.
City Attorney read a Resolution designating the Fire Academy,
Camden, Arkansas, to be the official agent to develop tests for
the West Memphis Fire Department.
Alderman Guin made a motion, seconded by Alderman Sumpter, to
delete the first WHEREAS Paragraph in the Resolution. Discussion.
Upon voice vote, the voting was unanimous. The motion PASSED.
Alderman Cooper made a motion, seconded by Alderperson Jackson,
to adopt the Resolution as amended. Upon roll call vote, the voting
was as follows:
AYE: Aldermen: Guin, Horton, Jackson, Morris, Sheltoin, Sumpter,
Brasfield, Burnett, Cooper, Dalton.
NAY: Aldermen: None.
The Resolution PASSED and was assigned Resolution No. 1025, which
reads as follows: (On page 227)
PERMISSION REQUEST:
Mayor Chitman made some announcments concerning the Softball League
Tournment that was held in the City, and the status of the Garbage Department.
COMMITTEE REPORTS:
Alderman Morris stated the Leasing Committee had agreed on a lease
for the building on the Utility property leased by the Crittenden County
Search and Rescue Squad. Discussed the lease. Insurance. Change the
lease to include the City of West Memphis as additional insured on the One
Million liability insurance. Alderman Morris made a motion, seconded by
Alderman Shelton, to grant the lease under the changes in the contract.
Upon roll call vote, the voting was as follows:
AYE: Aldermen: Guin, Horton, Jackson, Morris, Shelton, Sumpter,
Brasfield, Burnett, Cooper, Dalton.
NAY: Aldermen: None.
The motion Passed. IJI
Mr. Eddie Brawley gave a report on the Metropolitian Planning
Organization. Mr. Brawley discussed Rainer and Airport roads and the
matching funds involved with two federal agencies.
Mr. Brawley gave a report on street improvement plan for 1985.
Gave the Alderman a list of the city streets that need overlay and repair.
Discussed a better plan for repairing the streets. Discussed fixing Rich
Road while the bridge was being finished. Discussed advertising for bids.
Discussed changes in the street (Rice to Walnut) . Alderman Dalton made
a motion, seconded by Alderman Shelton, to approve the 1985 street
-227-
improvement program with the change request and asked the Mayor to
advertise for bids. Upon roll call vote, the voting was as follows:
AYE: Aldermen: Guin Horton, Jackson, Morris, Shelton, Sumpter,
Brasfield, Cooper, Dalton.
NAY: Aldermen: None.
The motion Passed. Alderman Burnett left the meeting before this vote
and Alderman Shelton left the meeting right after this vote.
err
RESOLUTION NO. ii •
WHEREAS , it has been determined that there is a facility
in Camden, Arkansas , namely , the Fire Academy, which is capable
of developing tests for firemen throughout the State of
Arkansas ; and,
WHEREAS , it is believed by using the Fire Academy at
Camden a considerable sum of money could be saved by the
City of West Memphis , Arkansas ;
IT IS THEREFORE RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS , ARKANSAS , that the City Council of the
City of West Memphis designates the Fire Academy, Camden,
Arkansas , to be the official agent to develop tests for
the West Memphis Fire Department; and,
THEREFORE , BE IT FURTHER RESOLVED that Chief Burkhart
contact the Fire Academy, Camden, Arkansas , and re t
assistance and amount of compensation neede. .
ADOPTED this 15th day of August , 19:5
401111t111111.- _
MA OR
ATTEST :
CITY CLERK
SPONSORED BY:
Joe Brasfield, Alderman
-228-
Alderperson Jackson gave the Police report and requested the Aldermen
to read and study the report on the jail. The Police Commission would
meet on the 20th of August with the City and County. Alderperson Jackson
requested permission to destroy old police records. Alderperson Jackson
made a motion, seconded by Alderman Guin to destroy old police records,
and Alderman Horton to oversee the destruction. Upon roll call vote, the
voting was as follows:
AYE: Aldermen: Guin, Horton, Jackson, Morris, Sumpter,
Brasfield, Cooper, Dalton.
NAY: Aldermen: None.
The motion Passed.
Discussed the Police Chief requesting his car allowance be changed
to salary. Requested the City Attorney research his request and report
at the next City Council meeting.
Alderman Guin requested the City Attorney to get an opinion from the
Attorney General on whether the City Council could advertise for bids
without the Mayors approval. Requested the Mayor to consider advertising
for bids on private garbage collection.
Alderman Brasfield stated the Fire Commission would meet Monday,
August 19, 1985 at 6:00 p.m.
Mayor Chitman discussed Committee and Commission proper meeting procedures.
1) call meeting; 2) give Mayor copy of the agenda; )) meeting; 4) report to
the Mayor after the meeting on decisions of the Commissions and Committees;
5) bring before the City Council.
A general discussion on procedures and sanitation, citizens withholding
WI/
$2.00 garbage fee, also the trend of cities hiring private enterprises
for just about everything.
Being no other business to come before the City Council at this
time, Alderman Guin made a motion, seconded by Alderman Morris, to adjourn.
Upon voice vote, the voting was unanimous. The motion Passed.
The meeting adjourned at 4:44 p.m.
PASSED and APPROVED4his day, of
1985.
*1°4
Leo C 'tman
Mayor
ATTEST:
4.\
Dan Craft
City Clerk