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February 5, 19701 ~3 ?IINUTES OF AN ADJOURNED PIEETINC OF THE CITY COUNCIL OF THE CITY OF (BEST MGrIPHIS, ARKANSAS, HELD ON THE 5TH DAY OF FEBItUAkY, 1970. The City Council. o£ the City of West Ttemphis, Arkansas, met in an adjourned session at its regular meeting place in West 1`Iemphis, Arkansas, at 1:3Q P.M. on the 5th day of February, 1970. The following were present: President Pro Tempore R. C. bowie, and Aldermen: H. P.. Dabbs, Pritchard Horton, C. U. Hutcherson, C. T. I?odger.s, R. L. Smith, and F. C. Weis; and City Attorney .. i. Wallin. Absent: Alderman k. T. ]3entlev. It Ming determined a quorum was present, the following proceedings were had to-wit: 1`?otion was made by Alderman (~Jeis, seconded by Alderman Smith to adjourn the meeting. Upon vote, the voting was as follows: Aye: Alderman: llabbs, Horton, llutcherscin, Rodgers, Smith, and Weis. No: None. ~ =' % ~~ PP~SIDENT PkU T'EMPOkE ~~~/ ATTL:S'T . --~ CITY C APPFOVED: FF.13'r:UAP,Y 19, 1970 15c4 MINUTES OF A REGULAh MEETING OF THE C'I'!Y COUNCIL OF 'PHE CITY OF WEST MEMPHIS , ARKANSAS , IiELD ON THE 5T11 DAY OF FEBRUAkY, 1970. The City Council of the City of [lest Dlemphis, Arkansas, met in regular. session at it-s regular meeting place in West t•Iemphis, Arkansas, at 1:40 P.Di, on the 5th day of February, 1.970. The following were present: Aldermen: R. C. Bowie, H. R. Dabbs, Pritchard Morton, C. U. Hutcherson, C. 'P. Rodgers, Y. L. Smith, and F. C. Weis; and City Attorney R. E. Wallin. Absent: Alderman R, '1. Bentley. City Attorney Walli^ called the meeting to order, motion was made by Alderman Weis, seconded by Alderman Dabbs: That Alderman i2. C. fsowie be ehca ed President- Pro Tempore. Upon vote, the voting was as follows: Ayes: Aldermen: llabbs, Morton, Hutcherson, F:odgers, Smith, and [Deis, ido: Plone . Alderman Bowie abstained from vciing. A quorum being present, the following pr.oceedi.ngs were had to-wit: Dli.nutes of rncetinzrs on Janur.,ty 22nd and January 27th were approved as read. Dtr. Craig Tennison, Chairman of Airport Conm!ission, Ih. Z. V. Freeman, member of the Ccnnmi.ssion, and PIr. C. H. Bond, Jr., Engineer for the construction at the Airport were present. Dlr. Tennison summarized establishment of the Airport through FAA and HUll, work of_ Diayo*_~s Price and Iiden and others, construction Projects Dlo. 1, 2, and 3, valur_ of land and insCa7lations, a.nd plans for future expansion. Dlr. Tennison stated paymtents are due Warren Brothers I:hoads Co., Barrow-Agee, and Razorback Concrete Co., to finalize Project No. 2 and Project No. 3 is approximately 9&% completed, the projects were approved by Grant Agreements previously approved. After discussion, motion was made by Alderman Smith, seconded by Alderman Tlut'cherson: That the Council authorize pa}~nenr. of $1367.15 to the Airport Commission. lJpon roJ.l call. vote, the voting was as follocas: Aye: Al.d.ermen: Dabbs, Horton, Hutcherson, I'.odgers, Smith, and Weis. I•Io: None. The Council assured Mr. Tennison of appreciation for work of the Airport Commission, and invitatioir was extended by Dir. Tennison for t-he Aldermen to attend meetings of the Gonunission. hearing on question of vacating a portion of Front Street upon petiCion of H. P. Dabbs and Atomic Firecaorks was held. President Pro Tempore Bowie requested anyone objecting to vacating the portion of the street to present objections at this time, no objections were presented. The Council was informed the area shown on the plat to be vacated is not the traveled street 'in use at presenr_, Attorney Steve Crain on behalf of the petitioners stated an ordinance wit] be presented at the ne;a Council I°Ieeting. Alderman Bentley made a delayed appearance. President Pro Tempore Bowie informed the Council employee's salaries for the Health Department for January, February, and D;arch should be considered as the amrn±nts will. be reimbursed by the County. After discussion, motion was made by Alderman Smith, seconded by Alderman Rodgers: That appropri.at-ion be made from Budget Account I?o. 1225 for three months salaries for the health Department Employees. Upon roll call. vote, the voting was as follows: Aye: Aldermen: Dabbs, Morton, Ilutchersorr, Rodgers, Smith, lJeis, and Bentley. tdo: Td one. P. G. Yara of the West Memphis Utility Commission informed the Council. of a project whereby the Arkansas highway Department will provide and install mercury vapor lights at the entrances and exits on Tnterstate .i5 in West Dlemphis provided the City pays for expenses of operating and maintaining the lights which would cost approximately $4UG to $50G.00 p.er month, also a plan for a-i'cional lights in t:l?~~ f~.rture caoi,rlcl cost approt;imately $2200 t:o $2300.00. The fall<xain~ 'esolut'ion was prosenr_~d for consideration of the Council: P~3SO1,iP1I0N N0. 3S4 4hl'?I'nAS, the Cit..y Council of the City of [Jest Dlemphis has been advised that it might be possible to negotiate with the Arkansas Highway Departrr~ nt for the installation of. mercury vapor lights around various and possibly all entrances and exits to the City of [Jest Dtemphis which. adjoin. Interstate 55; and, WI1Llu:AS, the City Council has been advised that in order to assist the Arkansas Highway Department in scrch project, the City Council has considered the matter and proposed to recommend paying the expenses of operating and maintaining said mercury vapor lights at said entrances and ex.i_ts aforementioned, provided the Arkansas Hi-ghw;ay Department would provide and install said mercury vapor lights. id0[J, THE113FQP3i, BE IT 1:FSOLVED by the City Council of the City of West Dlemphis, that in consideration of the Arkansas Highway Lepartment furnishing and installing said mercury vapor lights at the various entrances and exits r_o and frcnn Interstate 55 in t:he City of West Dlemphis, the City of West Memphis will. pac the nPCessary operating and maintenance expenses for said mercury vapor. lights aforementioned. ~:trt:<x *March 4, 1971-"That minutes of meeting on February 5, 1970 be corrected to approve $13,671.19 payment to the Airport Commission" 1~~ After discussion, motion was made by Alderman Rodgers, seconded by Alderman Srnith: Thar the -_~cesolution as presented be adopted. Upon roll call vote, the voting was as follows: Aye: Aldermen: Dabbs, Horton, Hutcherson, Rodgers, Smith, Weis, and Bentley. t1 O : 1J One . 'Lhe Council was informed due to the resignation of 1-.a}nor. Eden the Arkansas Ycil.lution Control Commission has requested a new signatory authori.r_y for the sewage project, and advised the Utility Commission recommends Pat Johnson, Utility Engineer, be designated as he is famiti.ar with the project. Afro_r discussion, motion was made by Alderman Weis, seconded by Alderman Dabbs: 'That Pat Johnson be designated as signatory authority. Upon vote, the voting was as follows: Aye: Aldermen: Dabbs, Hcrcr.i~n, Hutcherson, Rodgers, Smir_h, [Deis, and Bentley. ho: Tdone. '.ChereLLpon, the following l:esc:L•.rtion was presented: k1;SOLI1TIOiJ 110. 385 i•1I111;}r1'~,`AS, the City Council of the City of West i`femphis has authorized a program of construction of sewage works and the United States Governor<nt, acting C.hrough the Public 1{ralth Service, has partieipatal tlv-ough a federal grant as designated on Fart t1, OFFE1: Abl.D ACCEP'I'xliJCE, cai.tll ronst$ucl'inn now under way; and, WH1sY,L'AS, the City Council of the City of L1est lfemphis by Fw.sol.uti.on IJo. 31.4 and sut>sequent r_solutinns authorized and appointed the Mayor. of the City of West Memphis as signatory authority to make application and execute other relat_d necessary documents cancernint; said project; and, 4J111;J,T;P.S, the office of I4ayor of. the City of- West Memphis is presently vacated and the Arkansas l?allution Control Commission by its letter. of ,7anuary 26, 1970, has requested Chat the City Council designate a new signatory authority to sign and approve any necessary documents required to complete the project on behalf of the City of West Memphis. TlI1;F'!,FOi2P;, B': IT IESOL,V3D BY THE CI'PY COti!'1CIL OF THP.. CI'PY OF W1;S'1' MEMPIiIS, that Pr L' JO1tLIS0IJ is hereby designated as the new signatory authority for this project and is therefore authorized and directed to sign any necessary documents required to complete this projer.,t nn behalf of the Ci-ty of WesC Ptemphis, Arkansas. ete: xn: ::::a•~ Dlotion was made by Alderman Weis, seconded by Alderman Dabbs: That the i:esalution as presented be adopted, t)pon vote, the voting was as fol]aws: Aye: Aldermen: Dabbs, Horton, lutcherson, lodgers, Smith, Weis, and Bentley. ! n : ldone . Treasurer Tied Ocaen appeared to present financial rel:ort for October, November, and llecember, 1469. After discussion, copies of the report were submitted to the Council and copy filed for record. Alderman Smith requested ban1: balances as of i)ecember 31st also balances in accounts and procedure for_ grants from Utility Commission as of end of year Caere considered. '.Cho Council. was advised Comprehensive General Liability, iJorksnen's Compensation and Crmprr'hensi-ve General Liability and Ccmtprehensive Fwtomobile Li.abil.iCy Insurance bids are received. in 1~larch. Thereupon, motion was made by Alderman Weis, seconded by Alderman Dabbs: 'Chat the President Pro 'Tempore be authorized to advertise for bids for 19arch 5th. Upon vote, the voting was as follows: Aye: Aldermen: Dabbs, Horton, Hutcherson, ':odgers, Smith, Weis, and Pent ley. Iro: None. President Pro Tempore Bowie informed the Council statement for the City's memb~~ship dues for January-June, 1970, Plississippi-Arkansas-'fennessce Council of Government/in the amount of $585.00, The amount of dues was derived by a basic fee of $200.00 plus $.05 per capita, and had been included in the Budet. After discussion, motion coos made by Alderman kod;;ers, seconded by Alderman Dabbs: That dues in amount of $585.Oi` be paid A]ATCOG. Upon vote, the voting teas as follocas: Aye: aldermen: Dabbs, Horton, Hutcherson, t;odgers, Smit),1, Weis, ant] Bentley. Dlo: idoue. The Council was informed Riverside Speedcaay is located on land rocently annehed to the City, and the ordinance designating privilege licetxse does not cover aur_omobils race track, therefore, an ordinance had been prr_pared by the City Attorney for consideration. After discussion, it was consensus of opinion the license should be $200.00. An ordinance entitled "An Ordinance To Amend Sectivrl 1 Cf Ord.inance tv'o. 580 Of The City Of West Memphis, Arkansas; Declaring An Emergency And For Other Purposes" was introduced by Alderman Smith, and CiCy Attorney Wallin read the ordinance in full. 1 Al.derms.n flutr_herson, seconded by Alderman llabbs, moved that the rule requiring, the reading of an ordinance in full. on three different days be suspended and that the ordinance ha placed on its second reading. 'The Mayor put. the question on the adoption of the motion and the roll being called, the following voted: Ave: Aldermen: Dabhs, Horton, Hutcherson, !'.odger.s, Smith, Weis, and Bentley. ido: None. Thereupon, the Mayor declared that at least two-thirds of al]. members of the Council having voted in favor of the motion t~ suspend the rule, the motion was carried and the rule suspended. The ordinance was then read the second time by the City Attorney. Alderman Bentley, seconded by Alderman lodgers then moved that the rule requiring the reading of an nrdi.nance in full. on three different clays he further suspended and that the ordinance be placed on its third reading. The Mayor put the question on the adoption of the motion. and the roll being called the foll.owins~ voted: Aye: Aldermen: liabbs, Horton, Hutcherson, badgers, Smith, Weis, and Bentley. No; None. The 14ayor declared that at least two-thirds of all members elected to the Council having voted in favor of the mer_i.on to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read the third time by the City Attorney. Alderman Horton, seconded by Alderman Weis, moved that the ordinance be adopted. The question Baas put by the Mayor o^ the adoption of the motion and the roll being called, the following voted: Ave: Aldermen: Dobbs, Horton, Hutcherson, Rodgers, 9dth, Weis, and Bentley. 1'l0 : ilOOe . Alderman Smith, seconded by Alderman Hutcherson moved that Section 3, the emergency clause be adopted, anri nn roll call the following voted: Ave: Aldermen: Dabbs, Ilort-on, lutcherson, :codgers, Smith, Weis, and Bentley. N~>: NOI1G. The lSavor thereupon declared the ordinance and the emergency clause adopted and signed the ordinance, which was attested by the City Clerk and impressed with the seal of the City. 'Phe ordinance was ~.i.ven P.o. 625. The ordinance read as follows: ORDINAiVCE N0. 625 AN ORDINAi~ICF TO Ai~1ENU SECTION 1 OF ORDINt~1CE N0. 580 OP THE CITY OP' WEST DSr,piPHIS, ARKANSAS, DF.CLda1:I1QG Atd EIrt13RCENCY AIdD rOR OTHER PURPOSES }3r I'f ORDAINEll by the City Council of the City of West PSemphis, Arkansas: SECTIOCl 1. Section 1 of Ordinance 580 of the City of West Memphis is hereby amended on page 8 of sairi Ordinance, by inserting the words "automobile race track", following the words "race tracks" and by further designating a privilege license fee in the amoont of $200.00 adjacent to the words "automobile race tracks". SECTI011 2. Said amendment and. addition to Ordinance No. 58C of the City of West liemphis shall. hereby become an integral part of said Ordinance IQo. 580, as above mentioned. SECTIiIld 3. It is found and determined by the City Council of the City of West PSemphis, Arkansas, 'that this Ordinance is immediately necessary for the health, safety and welfare of the inhabitants of the City of•West ldemphis and an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and. after its passage and approval. As previously instructed City Attorney Llallin presented the follctaing I:esolution: ~5~ F'.ESOLUTIUiQ i~0. 386 and, WEIFfiEAS, F. E. 'Bub" Eden has served as t•fayor of the City of idest Memphis, Arkansas; FJHER?;AS, during his tenuro of office as iiayor, R. E. "Bob" Eden, has faithfully served the City of West Memphis and has been attentive to his duties; and, bJ11E1tEAS, R. E. "Bob" Eden has discharged those duties as 1•Iayor for the City of West Mc-mphis with diligence and i.nitiativa and has further performed many services and duties as 1•layor. beyond the prescribed amount of requirements imposed upon him; and, Idll^FLAS, the City of West rtemphis has greatly benefited by the untiring work and effort of R. E. "Bob" Eden, and the outstanding; accomplishments which he has achieved for the City of blest Plemphis. 'tHEI'SFO12E, tdc:, the Atembers of the City Council of the City of West t<Semphis, Arkansas, extend our sincere appreciation i.n behalf of the City of West Memphis to l:. E. "Bob" Eden, and further resolve that he be commended for his tireless work and effort in behalf of the City of tdest 1•(emphis, and order that this 1?.esolut_ion be made a part of the official minutes of this meeting and further direct thr. Cleric to deliver a certified copy of this l:esol.utian to R. E. "Bob" Eden as a token of appreciation for his services. Pioti.crn was made. by Alderman codgers, seconded by Alderman Morton: That the Resolution be adopted as presented. Upon vote, the voting was as follows: Aye: Al.dermn..n: Dabbs, Morton, Hutcherson,r.odgers, Smith, Weis, and Bentley. iQO: Nonc. President Prn 'I'empore Bowie informed the Council. notification had been received that a $166,000 Grant for sewer project secondary phase will he granted. td. B. wilder. of 22.7 S. 1Sth presented complaint that he had been charged for sewer services and hi.s property was not connected to the system. i-Sr. t1. A. Perr.ine of City Buitding Department. stated the sewer line }gad been connected, but cahen necessary to have replaced due to a disagreement with the adjoining property owner permission had bean refused Log the line to crow the adjoining property, and the complairtrant had been instructed to provide his own sewer line to the City's system. The meer_inQ was recessed until 1:30 P.Pt. February 19th or upon call, and President. Pro Temhore Bowie req~_iested members of Council to meet immediately in Mayor's office for executive session pertaining; to personnel. ,.r.rrS ,l'CY C APPR(ivr.D: FEBr:UAkY 19, 1970 /, ~ ~, ,: t , <'' ~-~.,crz<.r~,z-__ PY„SIDENP PRU TEl•1PO1tE BOWIE