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January 21, 1971~.,~,~ a3 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HELD ON THE 21ST DAY OF JANUARY, 1971. The Council of the City of Weat Memphis, in the County of Crittenden, State of Arkansas, met in regular session in the City Hall in said City, at 2:00 o'clock P.M ., on the 21st day of January, 1971. The meeting was called to order by the Mayor, and the roll being called there were: Present: Tilden Rodgers, Mayor, in the Chair, and the following named Aldermen: William R. Dabba, Thomas Dickerson, D. M. Grimaley, Willie Lee Harris, James E. Hightower, Pritchard Horton, C. D. Hutcherson, Malcolm Scott, Robert L. Smith, and R. T. Bentley; and City Attorney R. E. i,'allin. Absent: None. Minutes of Council Meeting on January 7, 1971, were approved as read. The following report of the Street Committee was presented by Alderman Robert Smith. Honorable Tilden Rodgers Mayor, City of West Memphis West Memphis, Arkansas The Street Committee for the City of West Memphis, Arkansas, met Jan. 14, 1971, in the mayor's office. ~e following members were present: Sam Cross Cy. Bond Charlie Hampton Hollis ZVarren Pritchard Horton Robert Smith After reading the recommendations that the Street Committee made in-June 1970, the three streets discussed were as follows: An attempt will be made to secure State Aid for the rebuilding of Ingram Blvd from 10 Mile Bayou to Bast Barton Street. Financial help cvill also be requested from Southland Greyland. Estimated cost $45.000. Another project discussed was rebuilding West Barton St, from Pearce St to Mich Road, costs estimated at $25.0. Priority seas given to overlaying Avalom from 10 mile Bayou td Shopping Way, curbs and gutters to be constructed between Dover Road and Balfour, and cut down and overlay from Balfour to Shopping 6Vay. City Engineer to work up costs and specifications and present to Council in order for approval and bids let. 'f1i~z City will repair Walker Street when weather permits. Ingram ~onstr.uction Co has been requested to also repair parts damaged when sewers installed. Pryor street to be first street resealed when temperaturs permit. A trip was planned to West ilelena Ark to see their Asphalt Plant in Operation as a possibility of West ~'lemphis acquiring a Asphalt Plant of their own. - -. There eras a difference of opinion as to buying it cheaper privately or making 'our own Asphalt. Six inches of Concrete vas recommendedfor Building developers instead of five inches. It was recommended that the Ordinance covering this subject be amended. Two private Engineers Cy Fond and Sam Cross are serving on this Committee vrithout charge. The Committee chairman is most gratful for their services. R~spe tfull , l Rob~~ii'iY L; ~nfith L~~~' Chm , Street ~%ommittee West Memphis, Ark. 29~ Alderman Horton reported a meeting will be held in February with two representatives from Memphis to prepare guidelines for the helicopter ambulance service. The following appointments were made to the Review Board: Mayor Rodgers: Alderman Grimaley: Alderman Harries Alderman Dickerson: Alderman Hightower: Mrs. R. E. Wallin Gene Dickson Lonnie Hardcastle Mra. Toddy Cowan Marion Henry, Jr. Roberta Jackson Mayor Rodgers informed the Council Lee Cramer, a member of the Park Commission, had resigned upon becoming full time director. The Mayor stated each Ward, except Ward 3, has a representative on the Park Commission, therefore, he recommended the appointment of James A. Lancaster, 713 Balfour from Ward 3. Motion was made bq Alderman Horton, seconded bq Alderman Scott: That the appointment of James A. Lancaster as a member of the Park Commission be approved. Upon vote, the voting was as follows: Aqe: Aldermen: Dabbs, Dickerson, Grimaley, Harris, Hightower, Horton, Hutcherson, Scott, Smith, and Bentley. Nay: None. Suggestion was made in the future appointments be made from the Ward=that ie vacated. Mayor Rodgers appointed the following committee to review privilege license and commercial garbage rates: Alderman Dickerson, Chairman, Aldermen Grimaley, Hutcherson and Hightower; Don Butler, Pete Duncan, Tony Herrin, A. K. Minter, Robert Wright, and Hollis Warren. The Mayor instructed the committee that the report on privilege license would not be needed until later in the year. A committee to review automobile, workmen's compensation, and property insurance was appointed bq the Mayor ae follows: Alderman Scott, Chairman, Aldermen Hutcherson and Harris; Merritt Hale, Charles F. DeGraff, C. B. Senhausen, and Brgant McCarley. The 1971 Budget was presented in detail with amounts of Funds as follows: General Fund $1,069,233.56 Street Department 376,285.20 Sanitation Department 220,561.56 Swimming Pool 13,210.00 Bond Requirements 70,447.77 $1,749,738.09 Library 20,688.21 Motion was made by Alderman Smith, seconded by Alderman Hutcherson: That the 1971 Budget be adopted as presented. Upon roll call vote, the voting was as follows: Aye: Aldermen: Dabbs, Dickerson, Grimaley, Harris, Hightower, Horton, Hutcherson, Scott,. Smith, and Bentley. Nay:, None. Alderman Robert Smith presented ordinances creating Police and Fire Commissions. Chief Rominea and Chief Simmons were present, and stated their opinions in behalf of the ordinances. Alderman Smith introduced an ordinance entitled: "An Ordinance To Create The Wsst Memphis Fire Department Commission; Provide For Membership Of Same; Set Forth The Authority Of Said Commission And Purpose Of Same; And For Other Purposes" and the City Attorney read the ordinance in full. Alderman Hutcherson, seconded by Alderman Grimaley, 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: Dabbs, Dickerson, Grimaley, Harris, Hightower, Horton, Hutcherson, Scott, Smith, and Bentley. Nay: 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 then read the second time by the City Attorney. Alderman Harris, seconded by Alderman Bentley, 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 Magor put the question on the adoption of the motion and the roll being called the following voted: Aye: Aldermen: Dabbs, Dickerson, Grimsleq, Harris, Hightower, Horton, Hutcherson, Scott, Smith, and Bentley. Nay: 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. • Aldenaan Dickerson, seconded by Alderman Horton, moved chat the ordinance be adopted. The question was put by the Mayor on the adoption of the motion and the roll being called, the following noted: Aye: Aldermen: Dabba, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Scott, Smith, and Bentley. Nay: None. Alderman Scott, seconded by Alderman Hightower, moved that Section 7, the emergency clause be adopted, and on roll call the following voted: Aye: Aldermen: Dabba, Dickerson, Grimeley, Harris, Hightower, Horton, Hutcherson, Scott, Smith, • and Bentley. 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. 664, and read as follows: OE:DINANCE N0. ~ ~~ A:' U!:D7N5',Ni:L 'LYE CPt':A'PE TILE WES'P ME?~IP?IIS FIRE D'PA::TMENT COC~m1I°~S ION, ~ROVIDI; 10!2 C•fEt1RERSHIP OF SAhIP; SET FORTH THE AUT'1lORTTY OF S:,ID ~;OPLIT:;SION AP;D PURPOSE OF S~1t9E: AD?D FUR OT?~R Pi1KPOSES, !;r r'p !'r;~~,TiVEll .PY 'PHE CITY COIintCIL OF TIIF. CI"I^_' OF WEST A~1LPIPHIS, P.1:?:^_DIS.:S: Section I, [lest ~'lemphis Fire Department Commission created: There is harehi' crest^.d and established the West Memphis Fire Department ''ommissiori, 9cction II, ";embers: The '.+est ?~'!emphis ['ire 1?epart~nent Commission shall consi.~:t of five (5) members who shall all be members of the [Vest ~!etnphis Cite :ouncil, anc' who shall he appointed by t?te 'da;.or, The a~"ointments made b~~ the ''la,yor shah consi.et !Jf one C1) i~lderman from each of the f i-v~ ! 5) ~dards in*.i~c~. City of 'lost T'?e^tnhis, and said Commissioners sha17 sere for a period of one !1~ pear front the ti~:.e. of their appot'.ntmer.t nr until their s~_iccessors are ~?ul;> aa'~•nintF.d t„-- the >favo~, t'hrc;e C3) me~•nhers of the Commission as her~L-ofore appointed, seal i le necessar/ tc• constitute a querun for the transaction of an business authorized under t'.ti-s !crdi.nance, wiu_ch rosy pro?erly ccm.~r before the commission, `-~~cti.on III, Chairman of the Carmissior.: The Canmissi.nn shall elect n.e ]1 0!`. 1~? i~.~^'b!:rs of. said commission herct~fore annointca, as Chairman o~ ~- ,,is~;.~r., Thc'~temher d,esignata~d as Chairr,,an, s'ta]] se~c•: in s'te`t ,_apa~tt• for =~c-) ,,; ?nom fit, ear, or ~.tntil h;s _=~:ccesse.- is dul,~> eel^ctec? as he,.^tn'_r~. pro-..~~~s-~', Ti:e Chap--^nan of ea id !;ommissi_on sh211 ham;: the rut" .,_ pr~sid n; ~...,. ,~~-1 °,~~-t;_n^r of said cnns~i.ssion anr' shall call a montttlp mee~in~; of sni_d L~ Paz at _.c` _S-t~: ~~.n~lace as he shall dean nee;>srarr, ,znnn nntua 'o~;r' i_-~er .. .: al' 3L3 i.;i -'. ":'l i.SS inn°.r6, _~c!:i,~ T", of "'o'nLnisslnr.: _ ..,inn seal.' ^loCt .. '`~ of :_ _ t ._ . o,` : sic' ~ •i.ssi.on h~ , ^tr=er^ a^~ni.nt~. ac, .ta,- cf _,, • »;-SS,-^,,, i,,,p ..... ....... ...,,i,_„a«~d as r~_f, h•.11 ~.._, ~, ; ,.~ sec . ~ ar;; s ~ ,> .. t.n s'!ch c~ a . .t~- o- a >crie:9 of _~. (1~ ;e.ar ~~r „*~ti_1 his successor is ,t,tt„ ~1^.ct^d a; '?^_~~ ,. ~ - }, ^~ ta,- - -;?-a t i ' ee ,•, o,.nc? r c,,rd '~-,01._ .'i?ch ., all ace prat^t ~i `F .. :'iUt. r,F ~ ~-,,- , c~ nF •:_ ~St -. ~P .~-•`~;_g ~ i,--~ ,_.8 ..', ^^. a.: .. - ~.. . , i~v ~~. ... _ . ,. ~ ~, _ n„ •-~~rr~';~ r: }tall h~> a:aes tee' '-~- t'~, ,°. Sec;-^t ~-: o'` lair :, ~.. t.li-~~i.on, rr_!5cr: - .acs, 'ac.arci" cn r_a:° ,_ ssi-nom, a~;s ~..._ ~__<:. '~ a: _ n rr at•a~;~ , _Lal? ho f i l lei a, point • nt ?- 'c ia;•or, h >~'~. ; :,. `a•-,,r ~;ta,• a •,ni-n% soothe-- ntcauche- of t`~r i eat •,^ 1.;-? .. `' ~,.• .:•; ~ "I sc ~ ~lcanc•, w~tL~ut ^,,,arrl to t'r ;•:a,-d 'n cat,;ch *_h,, n~.~., -,,, _., . ~"n R:. _ , .r.c' i~ ~:1. a,.•oirtari ',~^n~~issinrcr Shall sn•~-c• ._,,r ~ ,-ioP .•~ ,t„ ~ - _ r; , ~ ^-t ., n-rCi_1 his succ,*.ssor i~, dvt_ >~>in"„<'~ _ a, ..coon "T, uthority and °urPose: The ',Jest '7e r.:^,his rise ~~epart~~,^nt _.. nis:;i.n.^. is cr~ate~a for the `ollowing pur?oses; 'leari.n,~*, of cn°-laints of an)• resident ~f the City of .:e.^,t Yem^hi_s cenezrnir the s^_r-~-ic^s re^,dered by the ]lest i1e,a~hi.s Fire i~enartment; "7 ::~vie~a actions of dismissal, suspension, oroc:otions and hirirr o~ l~^rsc:nnel of t':e. 'wes*_ 'dmphis I'i.re Department; (~'? Che Commission may :na':e a written senor±: of i.ts hearings to tt:e ?]a;;or along with any recommendations which said Commission finds may i:nnro~~e the „ercices of the F,'est D`.emphi.s fire Department; !'~) :.ny report and/or recommendations of said Commission, as her~to- fora ref.^--recl to, must t;e signed by a majority of the Corunissinners nn said Oorimissi_cn and he attzetec] h~; the Commission tiecroCar^, "?1 ,any rennrt or rec~~!mne.ndai.ions of said 'lnir~issi.on shall ho pr~sc,:,~.,-,:a ~~~.~ t'r^ ,:hai.,-man of sai<t Commission, Section ~'II, !?mer~ettcy Clause: it being de t,^.-^i.nei by tti:~ ~:i_t~- man„il of tl.c ~.li.t:y of 'dust i1~~,mphi_s, that said Commissie?: i.s nec^ssar.y fns the cae]far= of t'~e Ci.t~ of test `lenl?~hi_s, an emerCnncv is h~>reh,; ,'e;:larcd to exist an'] +-hi- ~• nr~li^aaa~ shall. be in ful? `_orcc and ef`_ect from anal a`t-^.r i.ts ~assa;-e, a^^r,-r.-al an<~ nti~~lf,^at~nn as required by ]a~.~. Alderman Smith introduced an ordinance entitled: "An Ordinance To Create The Weat Memphis Police Department Commission: Provide For Membership Of Same; Set Forth The Authority Of Said Commission And Purpose Of Same: And Fir Other Purposes," and the City Attorney read the ordinance in full. Alderman Dabba, seconded by Alderman Hightoer, moved that the rule requiring the reading of an ordinance in full on three different days be auapended 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: Dabba, Dickerson, Grimaley, Harris, Hightower, Horton, Hutcherson, Scott, Smith, and Bentley. Nay: 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 ration was carried and the rule suspended. The ordinance was then read the second time by the City Attorney. Alderman Scott, seconded by Alderman Horton 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: Aye: Aldermen: D~abbs, Dickerson, Grimaley, Harris, Hightower, Horton, Hutchueraon, Scott, Smith, and Bentley. Nay: 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 auapended. The ordinance was then read the third time by the City Attorney. Alderman Dickerson, seconded by Alderman Bentley, moved that the ordinance be adopted. The queatioa, was put by the Mayor nn the adoption of the motion and the roll being called, the following voted: Aqe: Aldermen: Dabba, Dickerson, Grimaley, Harris, Hightower, Horton, Hutcherson, Scott, Smith, and Bentley. Nay: None. Alderman Harris, seconded by Alderman Grimaley, moved that Section 7, the emergency clause, be adopted, and on roll call the following voted: Aye: Aldermen: Dabba, Dickerson, Grimaley, Harris, Hightower, Horton, Hutcherson, Scott, Smith, and Bentley. Nay: 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. 665, and read ss follows: ~^ ~~~• C12'?TN_1::C'', Nt~ ~ -i _ ~,~ZD?-V1P~;`t' T1 ;,,:I',~1'r Cir_ •,r o ~r.~tPHTo, ,Ttr_±p ii 1-_, i'h~.r1,~ ;, IBSiOn: '~VLp'? r.)' 'r'-" 1.R=Tli f1F ~ r; ~~'r ,Qi?T1I i,t'~: ,, 10':Iry nF S_ T fl U);~l'ITSS IC4d ",hh PTm pp~ r: (1 1,rr n ";i) I'4? ,11'.:.. - niT'j~QCI~ ;?' - '~,-~,1AlEf1 R~' "'1T CI ;OI;?~Cl Oi~ I'lr~. i;T'*~}r ~1T7 ,!, „7'T, 2r_'V<',',_. .. ~~ion ]. ides`- `lec~,~his ?'~11ice ~)enartlttent Col~lrsission crea`.erl: There is L,re'~~~ created any' established the ''est iderr->hi.s "olive Penart'a,ent ,- _:=f-cn. `section Tf• _ler^h(~rs: "h^.':est '?ean',-is ~'olicP flo'-a,-tment ';orTmission ha!1 c.nsi.=t of: f~~'. (~) memfcr:- who shall a' 1 he menhers ~f ~ _ '.?es+ om~h;., City :oru:ci', and c.,h,, shall bc. a-•^o;n*_ed by the :a-ycr. C,e ao^on*_-~enrs ~~4? ~:y tf,~ ~~-o~~' sha?1 cr~nsist of one, tl) ~-id~rman from each oL tte _ ._ r, 5) ,lards ~1 ~,- *.- :.'?"t ~!rm~,hi.s, ar.d sai' Cn~nmi-selor;e:-s shall .zr•r~ `or n ,~iud of rv,,:. ,, .-_ r,-',.„. t`-.n ti- ~e of t';;>ir ~ ^•ncint,,iint nr ~mtil the> _ sucn.e~S~~-.~ a^e ~?ul~, ,~,ol _.. ',~~ t.-~,~. ~~-~r, I'h-rr~ l3) ,e:gibers nE the Co^~,!^issinn as he--~ ofnre apnoi.a+sd, sla',' ^e .--C°5. CO COREtI.t Lt^ .. (t `'.O~'LI^? fn-- tt,,e '-aT'.SaCt 10'' Q° 8' "Si.^c SS 8l__'"n'-j, •. nr;-''. T' tt r?'-T18IICn., 1.-1?ich .,at ^t'p,^~_rlp CO.^18 nn Fpt-f3 tF:~ ll. ?lOn.. :7 P.Ct;_OTl TIT, ('ba 1TP.1<3n O° the -0".~'-1i SE1O^i: ~Rf (~~Or-p;^i.5S 1O?' Si'.a11 ^.l r`~_t~. :~,~,=. 1 ~ '~_: , ^:!'0I'S Or r~ , '..-'ni,i.-,1351^R filer ntpQOrr ~^n 7?ii^`T c^,S ~1 .. 1CrI21: nT: ~~. ..1 .,iY.? '.(. ;lh e1 „q 1. ~,?l. rn(? ~ , •.-,--.o h • 1 n. ~ i-- - _ _. _. a., a -- -,..n s. ~.l sere-~ i s~ _ '_,ac :(,~- a - - • ~• n i .., 1) ,;~r, i,~ •mtil h1~ ~~-ICC^5s~r Ls ~ 115 al <>ct.ec' as '~-.r at `r,---, _ 'tL hn ~ :n~i „f :a;, ~„i~,n .hay ~ 1 a'.. Lh ~~ ~i in" n- <.~' ' ,ti ,, n'. ai,) llir._ au,~ ., .:nll ca? ~ n ,ntSl• ~:,' ,1' =ai- ,-. ,n .- ~ ~ „, ;1 ,. : .. ~. ~, a 1P ~, •. r, .,c r,.. ~}l~tl -'n' •1 ~,.~('^ °a' ~nl'. „ 1r ~ir , ~ t ,. .,, ..a .. ..., ~. .-~.. ~' rv . ,?, t . 1 ,.~.., 4 ,-,, C . 1. qR ':,: ~ !:81.--... - ~ ...E 1(`11: ?'he ~,( " 1..:: 5 , ., .~.~3 , .. _:s sai~ - ,.-'.rr?,-~=rcLf.~r. ~;;rci~C;. as c_.1^-- ~., ~ ,. 11 gal cr .:ti.l his ~~c .arn- ;s c'. 1- cl ..! ., ~ ._ _a; '.- -...... g 1~~1- -,, (,~, a ~,`,~,.,.1 r~::o':;'. ~ino}c .ah~„ Shy^~ ~i:.cura:- - ., I~., _. -.,.,,, ,,q ,, t -n- 1":'~S ,. t',.. ~e ... _,,... ,-5 ~1 C.. 'ar!. ~~ li.:'.. .. ,l :*'•o'.,. aca:ci,.... 'acanci.cs on .~ai•. C i5_, _~ .~_ - ., 'rtlsr,?, 1;'la:. 'e''. i,e ri-11~„a h. a^,n~irt"..•nt ?: , - _. ., . ,,.,, ,~~-r„ a~-c~- ~^.a•r an-~,i_nt z;~lot?hr :,..,,.,r cr the "cEC ! ,r',s„ ;'t- .'~,"rc"1 _ .-._ .u,.-r•, ..v'+hn~,lt ''_o iJ~.c '.:arc .n t1~i•: _ ^w a-,,,r,.,. iy appo>.nterl ,;,>l.r~~rissioner shall sere for a ind of one ~') mar- _on _,. time of Lis apnointrs=ant or tmtil it is su~cessn~ is• drrl~. a^noi.rtL-c~~? h-,- =ecti.rnl •- ,:ut'.xorit5' and ?rrrn c-~; - o ~1'he :~:esl- '~'er~ohis "ol.ice ?'e part:~r..n :o~n:nissi.;>„ is created for the fellowin~ ~ urooses: ~,,1 1lerar.inr; of co~nil~ . i, pints of an~~ .. _.sident of the ~it~,~ of ~, st ^ie~nnl~',. c~~nc^~ ni_n~; tho sCra;ceo randex'cc] b • tl•e 'les ~ t itaghi_s "07 i-cry r ,>art~u~nt; „~ ~.vi,,ca actions of dismissal, eus~~nsi. on, ^rometinrs and hirin_; of nr,r90n11'l Of the ^_.st hle.n^his Police nepartr~nt- <C) recommend ??olicies and eroce<lures for the ho•t~i_n and °e~,';n:T_ - - ~' arisen^rs; (Dl 'ho r;om~nission real mab:e a written report o its hesrin~s to tt,,,. `layer along with am,' recommendations which said ::omrission °inds ma;- i~r.nrrn,.C ±;r~ .._ vie^s of the ?'ost :'h-npL;s 1'clice ;,o par`:~ent• ~'~ t':rr• report andjor recommendations of sai<r Co:amissi_or,, as h,,..~L~- . _~~ore referrer *o must be si ned b• } a ma iority of the coc:eriss loner. s on said (;;~ ,ibis.^: i. nn ^nd he attested 1,., thr ,:;orrmissi-on Secretary. '.T) 'ny report or recommendations of said Com!•ussion shall. he nr es"r*_ : ~~ y the C?,airslan <>f said corrnission. ti~ , r- "ection G"1• "m!'r~enc~. Clause: It >_nc; crternin~d b' th~~ Ci } t; Cc~-.~c i 1 of the Cit3• of ;~'nst 1~'emphi_s, that said Commission i_s nec~CSSarI.- for the cuelf~r-, : the :it;~ of. 'asst ^lemphi.s, an emer~;enoy i.s hereby dec~ared to exist rrnd this ''rd>r'atrce s>,al] be i,n full. force anc] effect fr.nm and aftr'r its nase~~e, a~oro~-ai anc' •-~1~1 ieation as required h;- lard. Mayor Rodgers stated appointments to the Commissions will be made at a later date. The Council was informed an ordinance had been prepared to amend the section of the Utility Commission Ordinance pertaining to appointments. After discussion, an ordinance entitled "An Ordinance To Amend Paragraph 2 Of Section 2, Of Ordinance No. 381 Of The City Of Weat Memphis, Arkansas: Declaring An Emergency And For Othar Purposes" was introduced by Alderman Dabba, and the City Attorney read the ordinance in full. Alderman Hutcherson, seconded by Alderman Grimaley, 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, following voted: Aye: Aldermen: Dabba, Dickerson, Grimaley, Harris, Hightower, Horton, Hutcherson, Scott, Smith, and Bentley. Naq: 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 cairred and the rule suspended. The ordinance was then read the second time by the City Attorney. Alderman Harris, seconded by Alderman Bentley 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 Mayour put the question on the adoption of the motion and the roll being called the following voted: Aye: Aldermen: Dabba, Dickerson, Grimaley, Harris, Hightower, Horton, Hutcherson, Scott, Smith, and Bentley. Nay: 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 pie suspended. The ordinance was then read the third time by the City Attorney. Alderman Dickerson, seconded by Alderman Horton, 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: Aye: Aldermen: Dabbs, Dickerson, Grimaley, Harris, Hightower, Horton, Hutcherson, Scott, Smith, and Bentley. Nay: None. asssrs~ 2J9 Alderman Scott, seconded by Alderman Hightower, moved that Section 3, the emergency clause be adopted, and on roll call the following voted: Aye: Aldermen: Dabba, Dickerson, Grimaley, Harris, Hightower, Horton, Hutcherson, Scott, Smith, and Bentley. Naq: None. The Magor 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. 666, and read as follows: ~pp ORDINANCE NO, W (,r ~r+ AN ORDINANCE TO AMEND PARAGRAPH 2 OF SECTION 2, OF ORDINANCE NO, 381 OF THE CITY OF WEST MEMPHIS, ARKANSAS; DECLARING AiQ EMERGENCY AND FOR OTHER PURPOSES BE IT ORDAINED BY THE CITI' COUNCIL OF THE CI'I'I' OF WEST MEMPHIS, ARKANSAS, Section 1. Paragraph 2 of Section 2 of Ordinance No, 381 of the City of West Memphis, Arkansas is hereby amended to .read as follows. "The Board of Utility Commissioners shall qualify and take the oath of office within thirty days after their appointment, and in the event any person appointed as such Commissioner shall fail to qualify within thirty days of his appointment, or if any person appointed as Commissioner moves outside the city limits of the City of West Memphis, his office shall he vacant and his successor shall be appointed by thu City Council. Ln the event of a vacancy caused by death, removal or otherwise, a successor shall be appointed by the City Council to fill out the unexpired term." Section 2. All ordinances or parts of ordinances in conflict herewith and specifically Paragraph 2 of Section 2 of Ordinance 381 of the C it ~ of ~~ est Memphis is hereby repealed and all ordinances or parts of ordinances not in convict herewith shall remain in full force and effect. Suction 3. 1t is found and determined by the. C ity Council c `L-e City of West Memphis, Arkansas, that this ordinance is immediately _ ==ar,.: for the health, safety and well-being of the citizens of West _,_ ~~phie; therefore an emergency is declared to exist and this ordinance shall be in full force and effect from and after its passage and approval a.~ required by law. .,.j I ~3~U City Attorneq Wallin informed the Council he hdd received a letter from Mr. Don Manes of Donald S. Manes & Associates, Inc., Urban Planning Consultants, relative to twentq-five foot lots in the city. Excerpts from the letter were read, and recommendation of the Urban Renewal Agency that twenty-five foot lots be eliminated was presented. Policy of the City i:, issuing building permits for twentq-five foot lots, requirements of Southern Building Code, Number of lots involved, and requirements for Urban Renewal were discussed with Bullding Inspector Perrine. Thereupon an ordinance entitled: "An Ordinance To Amend Section 11.11 And To Repeal Sections 11.12 and 11.13, All In Ordinance No. 411 Of The City Of West Memphis, Arkansas; Declaring An Emergency And For Other Purposes" was introduced by Alderman Smith, and the Citq Attorney read the ordinance in full. Alderman Hutcherson, seconded by Alderman Grimeley, 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: Dabba, Dickerson, Grimeley, Harris, Hightower, Smtth~~ Hutcherson, Scott, and Bentley. No: Horton. 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 then read the second time by the City Attorneq. Alderman Harris, seconded by Alderman Bentley 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: Ayes Aldermen: Dabba, Dickerson, Grimaleq, Harris, Hightower, 9aith, Hutcherson, Scott, " and Bentley. No: Horton. 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 bq the City Attorney. Alderman Dickerson, seconded by Alderman Scott, 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: Aye: Aldermen: Dabbs, Dickerson, Grimeley, Harris, Hightower, Smith, Hutcherson, Scott, and Bentley. Nos Horton. Alderman Hightower, seconded bq Alderman Dabbs, moved that Section 4, the emergency clause be adopted, and on roll call the following voted: Aye: Aldermen: Dabba, Dtlckerson, Grimaleq, Harris, Hightower, Smith, Hutcherson, Scott, and Bentley. No: Horton. The Mayor thereupon declared the ordinance and the emergency clause adopted and signed the ordinance, which was attested bq the City Clerk and impressed with the seal of the City. The ordinance was given No. 667, and read as follows: 301 ORDINANCE NO, lC ~c~~ AN OR.DIlVANCE TO AMEND SECTION 11.11 AND TO REPEAL SECTIONS 11.12 and 11.13, ALL IN ORDINANCE NO, 411 OF THE CITY OF WEST MEMPHIS, ARKANSAS; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1. Section 11.11 of Ordinance No: 411 of the City of West Memphis, is hereby amended to read as .follows: "11.11. Any lot or parcel of land in any district, except the RS-7, RS-5, RM-3 and RM-2 residential districts that was under separate ownership and of record on the date of adoption of this ordinance or amend- merit thereof where no adjoining undeveloped land fronting on the same street was under the same ownership as of said date, may be used as a ,~ building site even though such lot or parcel fails to meet the minimum require-• merits for lot area, lot width or both that are generally applicable to lots in the districts." Section 2, Section 11. 12 and Section 11.15 of Ordinance 411 of the City o.f West Memphis are both repealed and abolished, Section 3, All ordinances or parts of ordinances in con.tlict here- with are hereby repealed, Section 4, It is found and determined that in the interest of orcl~~rly control o.f land use, city development, in consideration with the overall Urban Renewal project, that this ordinance is immediately necessary for the health, safety and welfare of the citizens of West Memphis and ~n J emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its passage and approval. Mr. C. J. Wilson, Executive Director of the Housing Authority, presented Resolution for consideration of the Council pertaining to an Agreement between the Housing Authority and the City for high-rise apartments for the elderly. Turn-key accelerated housing, number of unite, taxes, no financial obligation of the City, dedication of streets and sidewalks, sewers, retirement of bonds, housing of displaced persons in the Urban Renewal Area, and examination of the Cooperation Agreement by the City Attorney were discussed. The Resolution was read in full, cnnaidered and discussed. Alderman Bentley moved its adoption and Alderman Smith seconded the motion. On roll call the following vote was recorded: Ayes: Aldermen: Dabbs, Mckeraon, Grimaley, Harris, Hightower, Horton, Hutcherson, Scott, Smith, and Bentley. No: None . Thereupon the Resolution was declared duly adopted and passed. The Resolution read as follower. ~~1 n-- _ _ __. _.., --,_ 405 - ~ ~ I Tr TI" .., __,. _.. ~.. ., .. .i._r. _ _-_. ~ . __._ -_ ' ~ .. .. ... _.. i ]' T" "` r' c T n i r( r, „ ~ ,. .. ., . C.. - n ,,.~ _ , ,~ ~...._ i -~'. ,_ "~" ~' COOPERATION AGREEMENT This Agreement entered into this ~7.. day of January , 19 71, by and between Housing Authority of the City of West Memphis,. Arkansas,. (herein called the "Local Authority") and City of West Memph].s, Arkansas, (herein called the "Municipality"), WITNESSETH: In consideration of the mutual aovenanta hereinafter set forth, the parties hereto do agree as follows; 1. Gihenevar used in this Agreement; (a) The term "Project" shall mean any low-rent housing hereafter developed as an entity by the Local Authority with financial assistance of the Dep:u-tment of Housing and Urban Development through its Housing Assistance Administration (herein called the "HAA"); excluding, however, any low-rent housing project covered by any contract for loans and annual contributions entered into between the Local Authority and the HAA or its predecessor agencies, prior to the date of this Agreement. (b) The term "Taxing Body" shall mean the State or any political subdivision or taxing unit thereof in which a Project is situated and which would have authority to assess or levy real or personal property taxes or to certify such taxes to a taxing body or public officer to be levied for its use and benefit with respect to a Project if it were not exempt from taxation. (c) The term 'Shelter Rent" shall mean the total of all charges to all tenants of a Project for dwelling rents and nondwelling rents (excluding all other income of such Project), less the coat to the Local Authority of all dwelling and nondwelling utilities. (d) The term "Slum" shall mean any area where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement or design, lacl; of ventilation, light or sanitation facilities, or any combination of these factors, are detrimental to safety, health or morals. 2. The Local Authority shall endeavor (a) to secure a contract or contracts with the HAA for loans and annual contributions covering one or more pro~ecta comprising approximately 300 units of low-rent housing and (b) to develop and administer such Prcjuct or Projects, each of which shall be located within 'the corporate limits of the Municipality. The obligations of the parties hereto shall apply to each such Floject. 3. (a) Under the constitution and statutes of the State of Arkansas , all Pro~ecte are exempt from all real and personal property taxes and special aeeeeemente levied or imposed by any Taxing Aody. With respect to any Project, so long as either (i) such project is owned by a public body or governmental agency cad is used for low-rent housing purposes, or (11} say contract between the Local Authority and the HAA for loans or annual contributions, or both, in connection with such Pro,7ect remains in force end effect, or (111) any bonds Sesued in connection with such Project or say monies due to the HAA in connection with such Project remain unpaid, whichever period i•s the longest, the Municipality agrees that- it will not levy or impose any reel or personal property taxes or special assessments upon such project or upon the Local Authority. with respect thereto. During such period, the Local Authority shell make annual payments (hawa.i.~ no11.A ~~e..........a. .. a.. .r•-.. .r In-..--i~\ a~ +a_.. _r _.__~ ~_____ ~., ,. ~, - • ~, - ~ _ _ GOOPERATI~N AGREEMENT This .Agreement entered into this ~3.. day of January , 19 71, by and between Housing Authority of the City of West Memphis, Arkansas, (herein called the "Local Authority") ahd City of West Memphis, Arkansas, (herein called the "Municipality"), WITNESSEPfi: In consideration of the mutual oovenanta hereinafter set forth, the parties hereto do agree as follows; 1. slhenev~r used in this Agreement; (a) The term "Project" shall mean any low-rent housing hereafter developed as an entity by the Local Authority with financial assistance of the Dep:u-tment of Housing and Urban Development through its Housing Assistance Administration (herein called the "HAA"); excluding, however, any low-rent housing project covered by any contract for 1~-ans and annual contributions entered into between the Local Authority Fuld the HAA or its predecessor agencies, prior to the date of this Agreement. {b) The term "Taxing Body" shall mean the State or any political subdivision or taxing unit thereof in which a Project is situated and which would have authority to assess or levy real or personal property taxes or to certify such taxes to a taxing body or public officer to be levied for its use and benefit with respect to a Project if it were not exempt from taxation. (c) The term 'Shelter Rent" shall mean the total of all charges to all tenants of a Project for dwelling rents and nondwelling rents (excluding all other income of such Project), less the coat to the Local Authority of all dwelling and nondwelling utilities. (d) The term "Slum" shall :re en any area where dwellings predominate which, by reason of dilapidation, overcrowding, faulty arrangement or design, lack of ventilation, light or sanitation facilities, or any combination of these factors, are detrimental to safety, health or morals. 2. The Local Authority shall endeavor (a) to secure a contract or contracts with the HAA for loans and annual contributions covering one or more projects comprising approximately 300 units of low-rent housing end (b) to develop and administer such Prcjuct or Projects, each of which shall be located within 'the corporate limits of the Municipality. The obligatioua of the parties hereto shall apply to each such Froject. 3. (a) Under the constitution and statutes of the State of Arkansas , all Projects are exempt from all reel end personal property taxes and special aeaeeamente levied or imposed by any Taxing Aody. With respect to any Project, so long ae either (i) such Project ie owned by a public body or governmental egancy end is used for low-rent housing purposes, or (11) any contract between the Local Authority and the HAA for loans or annual eontributione, or both, 1n connection with such Project remains in force and effect, or (111) any bonds issued in connection with such Project or any monies due to the HAA in connection with such project remain unpaid, whichever period 1•e tha longest, the Municipality agrees that it will not levy or impose any real or personal property taxes or special assessments upon such Project or upon the Local Authority with respect thereto. During such period, the Local Authority shall make annual payments (herein called "Payments irs•Lieu of Texe~") in lieu of such taxes and special assessments and in payment for the Public aerivices and facilities furnished from time to time without other cost or charge for or with respect to such project.• $d3 (b ) Each such al;:,ual payment in Lieu of. Taeea shall be made after the end of the fiscal year established for such Project, and shall be is an amount equal. to either {i) ten percent (10',x) of the aggregate Shelter Rent Charged by the Local Authority in respect to such Project during such fiscal year, or (11) the amount permitted to be paid by applicable State law in effect on the date such payment is made, whichever amount is the lower. (c) The Local Authority shall distribute the Payments in Lieu of Taxes among the Taxing bodies in the proportion which the real property taxes which would have been paid to each Taxing Body for such year if the Project were not exempt from taxation bears to the total real property taxes which would have been paid to all Taxing Bodies for such year if the Project were not exempt from taxation; Provided, however, That no payment for any year shall be made to any Taxing B ay in excess of the amount of the real property taxes which would have been paid to such Taxing Body for such year if the Project were not exempt from taxation. (d) Zlpon failure of the Local Authority to make any Payment in Lieu of Taxes, nu lien against any Project or assets of the Local Authority shall attach, nor shall any interest or penalties accrue or attach on account thereof. 4. The Municipality agrees that, subsequent to the date of initiation (as defined in the Uhited States Housing Act of 1937, as amended) of each Project and within five years after the completion thereof, or such further period as may be approved by the HAA, there has been or will be elimination (as approved by the HAA) by demolition, condemnation, effective closing, or compulsory repair or improvement, of unsafe or insanitary dwelling units situated in the locality or metropolitan area in which such ;?roject is located, substantially equal in number to the number of newly constructed dwelling units provided by such Project; Provided, That, where more than one family is living in an unsafe or insanitary dwelling unit, the elimination of such unit shall count as the elimination of unite equal to the number of families accon~odated therein; and Provided, further, That, this paragraph 4 shall not apply in the case of (i) any Project developed on the site of a Slum cleared subsequent to July 15, 1949, and that the dwelling units eliminated by the clearance of the site of such project shall not be counted as elimination for any other Project or any other low-rent housing project, or (11) any Project located in a rural nonfarm area. 5. During the period commencing with the date of the acquisition of any part of the site or sites of any Project and continuing so long as either (1) such Project is owned by a public body or governmental agency and is used for low-rent housing purposes, or (ii) any contract between the Local Authority and the HAA for loans or annual contributions, or both, in connection with such Project remains in force and effect, or (111) any bonds issued in connection with such Project or any monies due to the HAA in connection with such Project remain unpaid, whichever period Sa the hugest, the Municipality without cost or charge to the Local Authority or the tenants of such Project (other than the Psyfferts in Lieu of Taxee) shall: (a) furnish or cause to be furnished to the Local Authority and the tenants of such Project public services and facilities of the same char3eter and to the same extent as are furnished from time to time without cost or charge to other dwellings and inhabitaata in the Municipality; (b) Vacate such streets, roads, and alleys within the area of such prcject as may be necessary is the development thereof, and convey without charge to the Local Authority such interest as the Municipality may have in such vacated areas, and, insofar as it is lawiul]tiy able to do eo without coat or expense to the Local Authority or to the Municipality, cause to be removed from such vacated areas, insofar as 1t may be necessary, all public or private utility lines sad equipment. -2- ~~~ (c) Insofar as the Municipality may lawfully do so, (1) grant such deviations from the building code of the Municipality as are reasonable and necessary to promote economy and efficiency in the development and administration of such Project, and at th~ same - time safeguard health and 'safety, sad (11) make such changes in any zoning of the site and'surrounding territory of such Project as are reasonable and necessary for the development and protection of such Project sad the surrounding territory; (d) Accept grants of easements necessary for the development of such project; and (e) Cooperate with the Local Authority by such other lawful action or ways as the Municipality and the Local Authority may find necessary in connection with the development and administration of such Project. 6. In respect to any Project the Municipality further agrees that within a reasonable time after receipt of a written request therfor from the Local Authority: (a) It will accept the dedication of all interior streets, roads, alleys, and adjacent sidewalks within the area of such Project, together with all storm and sanitary sewer mains in such dedicated areas, after the Local Authority, at its own expense, has completed the grading, improvement, paving, and installation thereof in accordance with specifications acceptable to the p~Il.tnicipality; (b) It will accept necessary dedications of land for, and will grade, improve, pave, and provide sldewall:s for, all streets bounding such Project or necessary to provide adequate access thereto (in consideration whereof the Local Authority shall pay to the Municipality such amount as would be assessed against the Project site for such Work if such site were privately owned); and (c) It will provide, or cause to be provided, water mains, end storm and sanitary sewer mains, leading to such Project and serving the bounding streets thereof (in consideration whereof the Local Authority shall pay to the Municipality such amo~uut as would be assessed against the Project site for such work if such site were privately owned). "-.~_ __ 7. If by reason of the Municipality's failure or refusal to furnish or cause to be furnished any public services or facilities which it has agreed hereunder to furnish or to cause to be furnished to the Local Authority or to the tenants of any Project, the Local Authority incurs any expense to obtain such services or facilities then the Local Authority may deduct the amount of such expense from any Payments in Lieu of Taxes due or to become due to the Municipality in respect to any Project or any other low-rent housing projects owned or operated by the Local Authority. 8. No Cooperation A~reemeut heretofore entered into between the Municipality and the Local Authority shall be construed to apply to any Project covered by this Agreement. 9• So long as any contract between the Local Authority end the HAA for loans (including preliminary loans) or annual contributions, or both, in connection with any Project remains in force and effect, or so long as any bonds issued in co~unection with any Project or any monies due to the HAA in connection with an~~ Project remain unpaid, this Agreement shall not be abrogated, changed, or modified without the consent of the IIAA. The privileges and obligations of the Municipality hereunder shall remain in full force and effect with respect to each Project so long as the beneficial title to such Project is held by the Local Authority or by any other public body or governmental agency, including the HAA, authorised by law to engage 1n the development or administration of low-rent housing projects. If at any time the beneficial title to, or possession of, any Project is held by such other public body or governmen~sl agency, including the HAA, the provisions hereoY shall inure to the benefit of and may be enforced by, such other pubic body or governmental agency, including the HAA. _ _. _. IN WITNESS Wf1ERFAF, the Municipality and the Local Authority have respectively signed this Agreement and caused their seals to be affixed and attested as of the day and year first above written. A Resolution to approve application for Preliminary Loan for Low-Rent Public Housing was presented by Mr. C. J. Wilson. The Resolution was read in full, considered, and discussed. Alderman Horton moved its adoption and Alderman Scott seconded the motion. On roll call the following vote was recorded: Ayes: Aldermen: Dabba, Dickerson, Grimaleq, Harris, Hightower, Horton, Hutcherson, Scott, Smith, and Bentley. Nays: None. Thereupon the Resolution was declared duly adopted and passed. The Resolution read se follows: (PHA-?472) - RESOLUTION N0. ~=-~`£: RESOLUTION APPROVING APPLICATION FOR PRELIMINARY LOAN FOR LOW-RENT PUBLIC HOUSING WHEREAS, it is the policy of this locality to eliminate substandard and other inadequate housing, to prevent the spread of slums and blight, and to realize as soon as feasible the goal of a decent home in a suitable living environment for all of its citizens; and WHEREAS, under the provisions of the United States Housing Act of 1937, as amended, the Department of Housing and Urban Development is authorized to provide financial assistance to local public housing agencies for undertaking and carrying out preliminary planning of low-rent housing projects that will assist in meeting this goal; and WHEREAS, the Act provides that there shall be local determination of need for low-rent housing to meet needs not being adequately met by private enter- prise and that the Department of Housing and Urban Development shall not make any contract with a public housing agency for preliminary loans for surveys and planning in respect to any low-rent housing projects unless the governing body of the locality involved has by resolution approved the application of the public housing agency for such preliminary loan; and WHEREAS, the Hogsing Authority of the City of West Memphis, Arkansas (herein called the "Local Authority") is a public housing agency and is applying to the Department of Housing and Urban Development for a preliminary loan to cover the costs of surveys and planning in connection with the development of low-rent housing. NOW, THEREFORE, be it resolved by the COUnC it of the City of Isest Memphis, Arkansas as follows: 1. There exists in the City of West Memphis, Arkansas, a need for such low-rent housing at rents within the means of low-income families; 2. The application of the Local Authority to the Department of Housing and Urban Development for a preliminary loan in an amount not to exceed $ 80,000.00 for surveys and planning in connection with low-rent housing projects of not to exceed_approximately 200 dwelling units is hereby approved. Mr. Wilson informed the Council of the Housing Authority's Community Building that has been recently constructed, however, has not been furnished and the City or a civic organization is needed to be responsible to furnish and provide utilities. Mayor Rodgers appointed Aldermen Hightower and Harris to study the matter and present recommendation. Mayor Rodgers related latter from the Crittenden County Legislative Delegation concerning meeting on January 23, 1971, 8:30 to 10:00 A.M, at Ramada Inn pertaining to proposed legislation. The question of the attitude of the Council on a proposal that may be presented to the Arkansas General Assembly that would permit, if approved by the City's voters, a one-cent sales tax was considered. Motion was made by Alderman Scott, seconded bq Alderman iris. That the Mayor contact the Legislative Delegation that the Council will be in favor of the "Home Rule" legislation. Upon vote, the voting was as follows: Ayes: Aldermen: Dabba, Dickerson, Grimaley, Harris, Hightower, Horton, Hutcherson, Scott, Smith, and Bentley. Nsys: None. Mayor Rodgers appointed Marion C. Davidson, 905 Balfour, as a member of the Street Committee. Alderman Scott commented on deliveries to Wiest Memphis of merchandise purchased in Memphis without payment of sales tax, and the question of a reciptrocal sales tax agreement. Thereupon, motion was made by Alderman Scott, seconded by Alderman Smith: That the City Attorney write the Revenue Commission about a sales tax agreement. Upon vote, the voting was as follows: Ayes: Aldermen: Dabba, Dickerson, Grimaleq, Harris, Hightower, Horton, Hutcherson, Scott, Smith, and Bentley. Nags: None. Alderman Scott advised the Council Weat Memphis is not eligible under present State Statutes for civil service for uniformed employees of the City, and after discussion with Chief Romines and Chief Simmons a resolution had been prepared by City Attorney Wallin. The resolution was read, and after discussion, motion was made by Alderman Scott, seconded by Alderman Bentley: That the resolution as read be adopted. Upon roll call vote, the voting was recorded as follows: Ayes: Aldermen: Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Scott, Smith, and Bentley. Nays: None. The resolution read as follows: RESOLUTION N0. 407 WHEREAS, the present statue of the statutory law for the State of Arkansas does not authorize the City of West Memphis and other cities in said population category to adopt civil service provisions for uniformed city employees. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, that the Mayor of the City of Weat Memphis is hereby requested to contact the legislative delegation of Crittenden County and request that the necessary steps be taken for the adoption of sufficient statutory authority to enable the City of Weat Memphis to implement a civil service system for all uniformed employees of the City of West Memphis. ,matt*~rar Alderman Bentley introduced the following Resolution, and moved its adoption: RESOLUTION NO. 4 Q WHERE4FORE, Act No. 160 of the 1953 Acts of Arkansas as amended provides in part that, "a.ny person now or hereafter: holding the office of Municipal Judge who accumulates not less than twenty years or more of service as Municipal Judge and/or Police Judge shall upon reaching 60 years of age, during the remainder of his life receive as a pension, one-half of the salary payable to the Municipal Judge of the Municipal Court he served upon at his retirement from office. Said pension shall be payable in the same manner as the salary of the Municipal Judge is .now paid. " _ WHEREtFORE, the City Council of the City of West Memphis has been advised that legislation has. been introduced i.n the present session of the 1971 Arkansas Legislature to amend portions of said Act aforementioned the result being by virtue of said amendment that a Municipal Judge under the provisions of this Act would be entitled to said pension at the expiration of twenty years service, as Municipal Judge, without reaching 60 years of age; WHEREFORE, the City Council of the City of West Memphis has determined that such amendment would immediately result in an increased financial burden upon the resources of the City of West Memphis due to the fact that such an expenditure has not been anticipated at the present time and that such funds are not available in order to presently provide such p ens io.n; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, that the Mayor of the City of West Memphis is directed to contact immediately the legislators from Crittenden County and request that such amendment aforemention be opposed and that the Act as presently written be allowed to remain unchanged. ~~7 After discussion, the motion was seconded by Alderman Dickerson. Upon roll call vote, the voting was recorded as follows: Ayes: Aldermen: Dabba, Dickerson, Grimeleq, Harris, Hightower, Hutcherson, Scott, Smith, and Bentley. Nay: Alderman Horton. Alderman Harris presented complaint of Jessie Miller of Wonder Elementary School PTA there are no street lights at the end of S. 17th Street. Mayor Rodgers stated the matter would be referred to the Utility Commission. The condition of traffic on Jackson Street and request for four-way atop signs was discussed, and the Mayor stated the Chief of Police would be contacted about the matter, Alderman Smith commented on proposed Utility Commission bill before the Arkansas General Assembly. City Attorney Wallin summarized State Statutes and Amendments as to Utility Commissions, financial obligations of the Commission and City, authority of the Commtiesion, and background of the bill. There being no further business, the Council adjourned, MAYOR ATTEST: Ks~~ CLERK APPROVED: FEBRUARY 4, 1971