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December 17, 1970~~~~ MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, .HELD ON THE 17TH DAY OF DECEMBER, 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 17th day of December, 1970. The following were present: Mayor Tilden Rodgers, presiding, and Aldermen: Buford Mellott, R. L. Smith, F. C. Weis, R. T. Bentley, H. R.. Dabbs, Pritchard Horton, and C. D. Hutcherson; and City Attorney R. E. Wallin. Absent: Alderman R. C. Bowie. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Meeting on December 3, 1970, were approved as read. Mayor Rodgers brought to the Council's attention purchase of two trucks for the Sanitation Department. During the discussion it was concensus of opinion bide be received on rear and side garbage loading units. Motion was made by_Alderman Dabbs, seconded by Alderman Smith: That the Mayor be authorized to advertise for bide for two garbage trucks. Upon vote, the voting was as follows: Aye: Aldermen: Mellott, Smith, Weis, Bentley, Dabbs, Horton, and Hutcherson. No: None. Mayor Rodgers introduced Mrs. Bruce Perry and Mrs. Jack McCluskey, who had originated and supervised the Christmas Parade held on December 7th. Thereupon, City Attorney Wallin read the following Resolution: RESOLUTION ND. 398 WHEREAS, the inhabitants of the City of West Memphis were the recipients of the outstanding efforts and long hours of work of Mrs. Bruce Perry and Mre. Jack McCluskey, due to their untiring efforts in making all arrangments for the Christmas Parade in the City of Weat Memphis in December, 1970; and, WHEREAS, the City of Weat Memphis desires to officially recognize the efforts of both these fine citizens which were of particular interest to the children of the City of Weat Memphis during Christmas time; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, that Mra. Bruce Perry and Mra. Jack McCluskey are hereby officially commended by the City of West Memphis for their efforts and generosity in this endeavor and the City expresses its sincere appreciation for these outstanding civic contributions, and orders that this Resolution be made a part of the official minutes of this meeting of the West Memphis City Council and direct the City Clerk to deliver a copy of this Resolution to Mra. Bruce Perry and Mrs. Jack McCluskey. Motion was made by Alderman Bentley, seconded by Alderman Hutcherson: That the Resolution ae presented be adopted. Upon vote, the voting was as follows: Aye: Aldermen: Mellott, Smith, Weis, Bentley, Dabbs, Horton, and Hutcherson. No: None. Mayor Rodgers appointed the following committee to prepare guidelines for the Memphis Police Department Helicopter Service to transport critcally injured persons daring accident emergencies to Ptemphis Hospitals: Pritchard Horton, Chairman, Richard Scruggs, Co-Chairman, Dr. Bedford Smith, Sgt. Bob Cooper of Arkansas State Police, and Chief of Police Parvin Rominea. Mayor Rodgers informed the Council he had requested Book Publishing Company to amend the payment schedule for codification of the City's ordinances and a proposal had been received that had been reviewed with the original contract by City Attorney Wallin. The following resolution prepared by the City Attorney was presented for consideration of the Council: RESOLUTION N0. 399 WHEREAS, the City Council of the City of Weat Memphis has taken bids for the purpose of trying to select a publishing company to codify the Ordinances of the City of West Memphis; and, WHEREAS, the City is in need of having its Ordinances combined, codified and formulated into a composite in order that future City laws may be better modified, enforce and regulated by virtue of having same compiled in a uniform aeries; and, WHEREAS, a special committee composed of members of the City Council of the City of West Memphis have determined that Book Publishing Campany of Seattle, Washington, has presented the beat bid and plan for compiling the ordinances of the City of West Memphis; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, that Mayor Tilden Rodgers is hereby authorized and directed to enter into a contract with Book Publishing Company of Seattle, Washington, according to the terms and specifications of said contractural . agreement, a copy of which is attached hereto along with the amendment to said contract relative to terms of payment by the City of Weat Memphis, for the purpose of contracting with said firm for the codification of the ordinances of the City of Weat Memphis. C_ODIFICATIC)IV OF OP.DINANCES FOR THE CITY OF WEST T~IEMPHIS, ARKANSAS 1'U!3".~,3~:1~TIOPd OZ:' 50 SOUND AND 100 UNBOUND COPIES OF THE CODE AND ANNUAT,~SUPUI,ET~LN'PATION SERVICE This contract covers complete editorial vrork of codification and the publication of fifty (50) bound and one-hundred (100) unbound copies of the code in the BPC FORMAT. Sample page showing the style is attached in this contract, following the signature page. The code may be printed on one side of the sheet [ ], or on both sides of the sheet [ ]. BASIC CHAT_:GE - To Colur,~n Co^~oser Set Cods of 300 pages $7,720.00 Charge for more or credit for fearer than 300 p^r page 23.00 T•Iap, Diagram or Tabular pages - e~:tra per page 10.00 (Charge applicable to basic code and supplements) The Basic Charge includes 50 loose-leaf binders imprinted with the title of the code, and 50 sets of tabbed title divider pages. __ } , PAYb1ENT SCHEDULE On signing of the contract, one-third of the basic bid is due for payment. An additional one-third payment is due when the Ordinance Analysis and Report is submitted to the city. The balance of the total cost of the code is due on delivery of the code boo:cs to the city. In some cases, the city. prefers to have three (3) advance copies of the cads delivered. These are used to officially adopt the code. If this procedure is follo~~red, the balance of the total cost of the code is due on delivery of the three (3) advance code books to the city. By agreement bet:•reen the company and the city, the payment schedule may be e;ctended over a longer period. Balances due later than sixty (60) days after delivery of the code books are subject to an interest charge of 8$ per year, to be paid with the principal payments. WORKIPIG COPIES OF ORDINADICES The city will supply to the company two legible ~•rorlcing copies of each ordinance vrhich is printed on one side of the. paper and three legible working copies of each ordinance which is printed cn both sides of the paper.. If ororking copies are not available, the city will ma}.e_the ordinance booY.s available for duplicating. The company ~~rill ma3ce duplicates of the ordi- nances necessary to the code and ~•rill charge the city the com- pany's cost in having the ordinances duplicated. TIT•IE FOR COi<1PLETION Time is of the essence. It is the intention of the company to deliver the completed code volumes to the city within one year of the signing of this contract. Should delivery be delayed because of the city°s delay in performing its duties according to this contract, the company shall have the right to increase the final cost of the code to compensate for any increase in __ labor, materials or overhead costs. PRODUCTION SCHEDULE FOR CODE 1. Ordinance Analysis and Report. Upon receipt of material from the city, Book Publishing Company caill prepare an ordinance analysis and report as described within this contract under Codi- fication Procedures and Editorial Specifications. 2. City Action. Upon receipt of the ordinance analysis and report, the city attorney or authorized city representative will review the report and recommend appropriate action to the city council on all items contained within the ordinance analysis and report. 2 ~~~ 3, Editorial '~~nf2rence, Im.«ediately after receipt of the ordinance ana`!ys s and report, an editorial conference will be scheduled to be held in 'the city between the city attorney or authorized city representative and the Book Publishing Company -;presentative, The conference will be held at a time mutually - ~ satisfactory to bath the company and the city and after the city has had an opportunity to review the ordinance analysis an _-- report. At this conference, the Book Publishing Company repre- sentative and the city will review the rough code manuscript prepared by the company in order to determine recommended or needed changes in the city's laws. 4. Post Conference T9ork. Upon completion of the editorial conference conducted in the city, it vJill be the responsibility of the city to draft and enact all amendments, repeals, and new ordinances agred to by the city. In most cases, the amendments, Le~~ea1S, a.^.d n°_:i ;Jr'~].nan';eS ~•Jlll 1;'e 3nCltl~ed 7.n the Code l:?JCn origi:~al prblication. However, in those cases vrhere changes or addi::.ions will be extensive, the city may omit selected provisions from the original codification. Omitted provisions will then be included ia1 a later supplement. `a'o proc;uce a ...~:aicipal code, Hco'. publishing Company vJill follovJ tP;ece rrccv?,,,-^s COD?rICATI(s=1 PrCCyDL'^"'$ P:D Et7I1OPI1i~ SP:uCIFICATIOidS 1, r u:`!.i ,c a.11 ordinances c::lcl adz°: y, claasify ~.~:d clit, su}eject to the approval of the city uz~seJitative, all o~:dinances of a general or public nature or i_~:posing a fine, penalty or for- feiture, Separate ant arrange such ordinances logically according to subject in numbered titles (first division), chapters (second division), and sections (third division). Each division :gill contain provisions similarly related and complete within themselves. 2. Formulate, draft and recommend a title and chapter outline of a proposed code structure and furnish to the city representative a copy of the outlined proposed code structure and classification of existing ordinances (Ordinance Analysis and Report). Such pro- posed structure and classification of ordinances will not be adopted until it has been approved by the city representative. 3. Inform the city representative of all outmoded or obsolete ordinances and of all apparently conflicting provisions of ordi- nances, where amendment, repeal, or new legislation is deemed necessary or advisable. 4. Divide each ordinance to be included in the code into short sections, so that each section wi1~ contain only one provision of law pertaining to only one subject. 5 < Tech~~.i^a.l ~^~les =rhich have Peen adopted by reference -- e,~, , ?~?i~ 1'~ Ong, LJl'._::_~',.:13v el"~'tr1.::a1, Gild Similar technical codes -- will be e.tclud~d ~-rom 'the municipal eoc:e unless the city rep- resentative-directs the company to include such technical codes in toto. Ordinances adopting such technical codes by reference shall be included and classified in appropriate sections of the mu*~ici pal code. 6. A11 ordinances will be checked against applicable state statutes and any conflicts or inconsiste__^.cies vJill be pointed out to tine city representative. State Supre;ae Court decisions and United Stags Supreme Court decisio?» affecting or bearing upon ti:e ve.lidity of the ordinances of the city will be pointed out t0 the Clty representative. ~, J~ table o?~^;•,~.=:g the dispcsi ticn of each ordinance of the city will be pr.^?aro~l ai;d included in the code volume. £3, Catch lines fox each individual section of the code will be inserted at the Pv~ginning of each section, ~ ~ .*;,3~1~ n;P _,~rtr>»tS f7r n-.r+}Z {~h:irtr~r ,'Jill be pr°pared ~, . 7 f n 1 1L~ r! .~ 3 ~ ~:.~.P ca'- ^?^ lines of the individual ~^?13 .L?1 ~3C"Pl `J:?_~.?_^l~_l.L' ~`P7?pL°T'. .~ p: '~1~ ~f r~nnto;ZM.3 '~'~Jr e~C:ll ., .. _ . rt . ~, t • „ ,: -~;-;cal lie tugs of the t:~t.1~ .•J~ 11 he n~-epared ~.o~s, ~ i~:g o_ ,~a .._._ c}lapt~s-s ?_n eauPl _ -~: t i ,^ilar title . l~J, A :iis...:~.i. ~' ..1 ~'? t:atlon shc;f~ g '? "'-. 1~gisla:ive history and dori-~Jation .rill t'e pre~:ared for ea~~Pi s°ci~ion of file code. 11, Cross•-ref~'_°e,ices to related par}~s of the code =,aill be prepared vJith proper and appropriate refere::ces in numbered foot- notes under the app-•f~priate sections of the code. 12. Only the substantive provisions of each ordinance will be codified, provisions such as the title, ordaining clause and attestation clause of each ordinance being omitted to the extent permitted by law. 13. ~°lhere necessary, the language of existing ordinances will be edited, improved and/or modernized 'to clarify, yet meanings will not be changed. 14. The city representative shall accept or reject any or all of the recommefidations submitted by the company. The city representative shall make all legal decisions and determine all legal questions and shall be responsible to the city council for such determination. ~~~ - --------- -- ..,.d and qualifi~d editors and researchers - _ 16. Only e:~perien^~ c•~ill be employed in all editing, research and codification work. The supervising editor will consult the city, when necessary, and will }seep 'the city informed of the prcgress of all codification work. 17. The city has exclusive right to sell copies of the com- pleted code and the loose-leaf supplementation material. IDIECHA24ICAL SPECIFICATIONS 1. Upon completion of the editorial, research and codification work, the code will be reproduced according to samples submitted and the style selected by the city. 2. Binde_s shall be a loose-leaf style selected by the city -- either the binder submitted as a sample and included in the basic cost, or a binder ordered-at an a3ditional cost, as speci- fied by the city. An appropriate title approved by the city shall be imprinted on each binder. 3, All la?:or and materials for the .cmpleted code will be furnished by Boo}: Publishing Company and all services vi11 be performed in a processional and :cork, :Mil;e manner. COSTS PS7D PAY%lENT SCF}EDUCE 1, The pay~«ent sclz~dule shall be as agreed betreen Boolc Publishing Company and the city, but unless otherwise stated in writing, shall be as set forth on page 2 of this contract. 2. The costs shall be according to the bid agreement signed by Book Publishing Company and the city. The total cost is adjusted from the basic cost according 'to the actual number of pages used, the number of copies ordered, the use or omission of tabbed title divider pages, the possible selection of special binders at extra cost, and any other pertinent factors. 3. If a state sales tax is applicable to this work, the amount of the tax is in addition to costs quoted in this contract. SUPPLEP•IENT SERVICE FOR Tt^10 COLUB}N COMPOSER SET CODE YEARLY EDITORIAL CHARGE. $100.00 PLUS PER PRINTED PAGE. 21.00 1. It is agreed that a supplement service will be maintained for five years. The first annual supplement is due one year after the delivery date of the code. If desired, more frequent supplements Drill be published. 2. Ordinances adopted by the city are to be forwarded as they are enacted. Book Publishing Company will edit such ordinances, appending appropriate headnotes, catchlines, cross references and er>planatory notes, and reprint the page or pages of the code amended, removing 'the provisions superseded by the amendment and inserting t'_•?e new provisions. The pages in the comprehensive index which are affected by the amendment will also be revised to take account of changes and of new provisions and will be reprinted. 3. r+flAi°_S of the supplement pages for each code book, together rrit?i inatruction sheets containing full instructions for insertion of all supplemental material and revised indc-x sheets will be sup- plied to the city. n. Supplements gill be in the style and format of the original codification. P.eplacement pages :will be provided not less than once each year. The supplying of more frequent replacement pages cr the use of advance sheets will be established with experience, according to the needs of the city. 5. Payment for the supplement service will be at the per-page rate established in the signed bid agreement. Payment is due on delivery to the city of the replacement page supplement material. 6. The supplement service may be terminated after five years by written notice of cancellation not less than sixty days prior to the date for delivery of the annual supplement material. This due date is the anniversary date of the code, and is established as the first day of the month in which the basic codification was completed. THIS CONTP.~~CT IS A VALID PROPOSAL FORA PERIOD OF ONE YEAR F°Or1 THE DATE OF ITS SUBMISSION TO THE CITY. Bid submitted na»~~, 1970 BOOK PUBLISHING COMPANY A Corporation i ~ h'CG- !'Lek. BY/~~'-u~'~~1 ~~,~~~s~w~ , President and ,~„R. ~ . ~ ~, Secretary Acceptsd -Date CI'PY OF F•~est 1~lemphi s _ ~,rk~nsas By ATJiElIDP,lENT TO THE CONTRACT PROPOSAL FOR CODIFICATION OF THE OPDINANCES OF THE CITY OF WEST PIEIVIPHIS, ARKANSAS This amendment to the codification contract for Nest Memphis, Arizansas, affects the payment schedule. All other specifications of the basic contract remain the same. PAY14iENT SCHEDULE 1. On s boning of the contract, one-fourth of the Basic Charge stated in the contract is due for payment. 2. On completian of the Editorial Conference following submission to the oily of the Ordinance 9.nalysis and Report, the second payment is due in the amount of oae-fci2rth of the Basic-Charge. 3. Qu cc:rpletisln of the ccdification anti vul::lli^:,sion of published copies of th*:; cccl~ to the city, the balance of the total billing for the cc~?i.fication r,~ark becolr~s dice. This total billing i^, the Fasic C"::arge as adjusted for the actual 5211*.21';7er cf p',.°~c.u lil the Coil°, nS8 Of maps and dim braiila, and any other factors ~~hich affect th^ cost. Amendment submitted December 7, 1970 TOOK FliELl~illi7G COP~IPANY w~. {=«--c~--~ ~ -z~c.,~ISresident ._~__-_-_~ z ~ ~ ~ y ~ ~~~~ ,Secretary `, Accepted -Date CITY OF WEST MEMPHIS, ARKANSAS `~`~~ Motion was made by Alderman Smith, seconded by Alderman Hutcherson: That the Resolution as presented be adopted. Upon vote, the voting was as follows: Aye: Aldermen: Mallott, Smith, Weis, Bentley, Dabbs, Horton, and Hutcherson. No: None. 9 A.M. Monday, January 4, 1971, was designated as time for Oaths of Office to be taken by elected officials. Alderman Horton requested consideration be given traffic hazard at Gathinga and Ingram. The Mayor stated the Engineering Department is placing signs directing traffic on the boulevard. Alderman Mallott stated he had received an inquiry from a bidder on the city's hospitalization policy if persona bidding would be permitted to attend the opening of the bids by the Committee since date of apedng had been postponed until December 21st. Aldermen Bentley and Horton, members of the committee, stated persons could be present. Alderman Mallott suggested in studying sources of revenue for the City consideration be given the management by the City of high-rise apartments for the elderly contemplated by the Housing Authority. Aldermen Bentley and Dabbs requested a white line be provided in the center of S. Avalon due to hazardous condition of the shoulders of the road. Alderman Weis suggested truck routes be designated in the city to avoid damage to city streets especially trucks traveling to and from construction sites. Aldermen Weis, Dabbs, and Mallott expressed their pleasure of serving on the Council, and assured their co-operation in the future. Patrolman Herring of the Police Department introduced Alice Sorrells, Becky Hudson, Tony Adams, and Jim Elliott, members of the Senior High School Government Class, who have been studying traffic problems at the Senior High School, and presented request for a traffic signal to be operated manually one-half hour after school at Pearce and Broadway, and Oliver Street from Pearce to Avalon be designated for one way traffic after school. Mayor Rodgers stated he would contact the Highway Department for permission to erect and operate the traffic light, and signs for Oliver Street will be prepared. Mr. Charles Broughton, 625 S. 12th Street, requested information on relocating the elderly in the Urban Renewal Area. After diacu ssion, Mr. Broughton was advised to contact Urban Renewal for additional information. No further business being presented, the meeting was adjourned. %~ ~ ATTES l CTYC ---~~~- MAYOR APPROVED: JANUARY 7, 1971