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June 4, 1970MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HBLD ON THE 4TH DAY OF JUNE, 1970 The City Council of the City of Weat Memphis, Arkansas, met in regular session at its regular meeting place in West Memphis, Arkansas, at 2:00 P.M. on the 4th day of June, 1970. The following were present: Mayor Tilden Rodgers, presiding, and Aldermen: B. L. Mellott, R. L. Smith, R. T. Bentley, R. C. Bowie, H. R. Dabbs, Pritchard Hotton, and C. D. Hutcherson; and City Attorney R. E. Wallin. Absent: Alderman F. C. Weis. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Meeting on May 21st were appsved as read. Mayor Rodgers appointed Parker Eubanks as a member of the Airport Coassisaion. Motion was made by Alderman Smith, seconded by Alderman Bentley: That the appointment of Parker Eubanks be confirmed. Authority for appointing Airport Commissioners was discussed, and the appointment was found to be in conformity with Ordinance No. 422. Upon roll call vote, the voting wsa as follows: Aye: Aldermen: Smith, Bentley, Bowie, Dabbs, Horton, add Hutcherson. No: Alderman: Mellott. The motion carried. Alderman Mellott presented the following Committee Report: Subject: Complaint by Mr. Sexton concerning death of his dog. This committee checking into the complaint of Mr. Sexton finds that the City should not be liable for the death of his dog and no remuneration be paid to him for same. Our facts ae developed are as follows: Officer Skags received a telephone call from a lady (poeaibly.Mrs. Sexton) sling that there was a dog running loose in her area, and she would appreciate it if the dog catcher would pick it up. She allegedly states it was alight colored dog and the dog would be in her back yard as her other two doge would be in the house. Officer Skags notified the dog catcher to proceed to pick up the dog and when the dog catcher arrived at the scene, ha called Officer Skags and said, "There is only one dog here." Officer Skags said, "What color is it?" The dog catcher replied, "It is a light colored dog." Officer Skags said, "Well since it ie the only dog there then bring it in." The dog was impounded and Mr. Sexton states that it later died of distemper. We understad, according to Mr. Sexton that he took the dog to Dr. Jerome for treatment at which time Dr. Jerome advised the dog was running a fever of 100 degrees and the Dr. proceeded to give the dog a shot and advised Mr. Saxton that two more shots would be necessary. The dog was never brought back for these two remaining shots. Under the circumstances, this Committee feels that the dog catcher and the officer on duty acted in accordance with their duty and if a mistake was made, it was an honest mistake. Therefore, we cannot recommend the City Council to apprvve payment as requested by Mr. Sexton. However, we sympathize with Mr. Sexton and fully understand if he should wish to carry Chia further through the court, but it ie our opinion that we cannot be judge and jury and approve payment of city money on an item such as this which is all verbal testimony. Dr. Jerome also states that distemper is a virus carried on the wind and a dog can contact it anywhere, any time and any place. Yours truly, Francis Weis and Buford Mellott Aldermen, West Memphis, Arkansas *r-~,t* After discussion, motion was made by Alderman Dabbs, seconded by Alderman Hutcherson: That recommendation of the committee be accepted and remuneration should not be paid. Upon vote, the voting was as follows: Aye: Aldermen: Mellott, Smith, Bentley, Bowie, Dabbs, Horton, and Hutcherson. No: None. Mayor Rodgers informed the Council the Utility Commission does not have power to issue bonds, notes, pledges, orders of any type of evidence of indebtedness and that City Attorney Wallin had been requested to prepare an ordinance for consideration of the Council. An ordinance entitled "An Ordinance To Repeal The Last Sentence Of Section 5 Of Ordinance No. 292 Of The City Of Weat Memphis: Declaring An Emergency And Foz Other Purposes" was introduced in writing, and the City Attorney read the ordinance in full. Alderman Mellott; seconded by Alderman Hutcherson moved that the rule requiring the reading of an ordinance in full on three different days be suspended and that the ordinance be placed on its second reading. The Mayor put the question on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Mellott, Smith, Bentley, Bowie, Dabbs, Horton, and Hutcherson. No: None. Thereupon the Mayor declared that at least two-thirds of all members of the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was than read the second time by the City Attorney. Alderman Bentley, seconded by Alderman Bowie then moved that the rule requiring the reading of an ordinance in full on three different days be 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 following voted: Aldermen: Aye: Mellott, Smith, Bentley, Bowie, Dabba, Horton, Hutcherson. No: None. The Mayor declared that at least two-thirds of all members elected to the Council having voted in favor of the motion 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 Dabba, moved that the ordinance be adopted. The question was put by the Mayor on the adoption of the motion and the roll being called, the following voted: Aldermen: Aye: Mellott, Smith, Bentley, Bowie, Dabba, Horton, Hutcherson. Nos None. Aldernan Dabba, seconded by Alderman Horton, moved that Section 2, the emergency clause, be adopted, and on roll call the following voted: Aldermen: Aye: Mellott, Smith, Bentley, Bowie, Dabba, Horton, Hutcherson. No: None. The Mayor 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. The ordinance was given No. 637. The ordinance read as follows: ORDINANCE N0. 637 AN ORDINANCE TO REPEAL THE LAST SENTENCE OF SECTION 5 OF ORDINANCE N0. 292 OP THE CITY OF WEST MEMPHIS: DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. Section 1. The last sentence of Section 5 of Ordinance 292 of the City of Weat Memphis is hereby abolished and repealed. Section 2. This Ordinance being immediately necessary for the health, safety, and welfare of the inhabitants of the City of Weat Memphis, an emergency is hereby declared to exist and Chia Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. The Council was inform d Mr. Eddie Saig had inquired as to decision of the Council as to option on a portion of the property purchased for an auditorwa site. After discussion, motion was made by Alderman Dabba, seconded by Alderman Mellott: That an option not be given by the City on the property purchased from Mra. J. M. Copeland. Upon vote, the voting was as follows: Aye: Aldermen: Mellott, Smith, Bentley, Bowie, Dabba, Horton, Hutcherson. No: None. Mayor Rodgers brought to the Council's attention Mr. W. C. Hill as of July let will be employed full time by the County as Civil Defense Director; therefore, it will be necessary to obtain a replacement for him at the Eugene Woods Civic Center. The matter of salary was discussed as the City paid Mr. Hill $254.00 a month and Civil Defense said $254.00, however, application has been made by a retired person at a salary of $400.00. The matter was taken under consideration. Alderman Bowie requested City Attorney Wallin prepare a resolution or ordinance pertaining to rules for conduct of business at Council Meetings. Alderman Bowie brought to the Council's attention a letter of protest from residents of the N. 14th Street and S. McAuley Drive area ae _ to construction of government subsidized housing in the area. The matter was referred to Alderman Horton and Bowie for study. Mr. Hugh Sullivan presented complaints as to condition of ballfields in the City. After discussion with Mr. James Falls of Park Co:m:iaeion as to plane of the Commission and Building Inspector Perrine ae to coat of repairs of city property due to vandalism, Alderman Bentley requested the Mayor contact Major Keeton, Park Superintendent ae to the complaints. Mayor Rodgers read letter Eras Chief E. A. Hamilton of the Memphis Fire Department, and stated letter had been received fran Mayor Lceb also in appreciation for resolution of commendation for assistance of the Memphis Fire Department on May 16th. Complaints as to operation of motorcycles and motor-driven cyles were discussed, and concenaus of opinion was the Police Department be requested to strictly enforce city and state regulations. No further business being presented, the meeting was adjourned. b~~~..~ ,~ , !~~ _ ,~// ~, MAYOR ATTEST/~_ ~_;~'s CI RK APPROVED: JUNE 18, 1970