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July 15, 1971MINUTES OF A REGULAk MEETING OF THE CITY COUNCIL OF T1iE CITY OF WEST MEMPHIS, ARKANSAS, HELD UN THE 15TH DAY OF JULY. 1971. The Council of the City of West Memphis, in the County of Crittenden, State of Arkansas, met in regular session at the City Hall in said City, at 4:30 o'clock p.m. on the 15th day of July, 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: Tommy Dickerson, D. M. Grimsley, Willie Lee Harris, James Hightower, Pritchard Horton, C. D, Hutcherson, M. P. Scott, R., L. Smith, and R. T. Bentley; and City Attorney R, E. L;allin. Absent: Alderman Bill Dabbs. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council. Meeting on July 1, 1971, was approved as read. Alderman Robert Smith, Chairman of the Street Committee, reported bids will be received on August 19th for the 36th Street outlet construction, and Warren Brothers had commenced work on Walker Street. Report was made on trip to West Helena to inspect asphalt plant, and action deferred on the matter until additional information is received. Alderman Hutcherson stated progress is being made in the cutting of grass, and the mowers are operating. Alderman Dickerson and Dfayor Rodgers related information on land-fills obtained at the Shelby County Penal Farm. Alderman Scott commended Dir. Charles Hampton of the Engineering Department on street work. An ordinance entitled "An Ordinance To F;ezone From R-T, Residence-Mobile Home, To C-5, General Commercial, Lot 28B Of The Subdivision Of Lot 28, Bond's Survey Of Irregular Lots, City Of West Memphis, Arkansas" was read the second time by City Attorney Wallin. Motion was made by Alderman Grimsley, seconded by Alderman Hutcherson: That the ordinance be passed on the: second reading. Upon vote, the voting was as follows: Aye: Aldermen: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Scott, Smith, and Bentley. No: None. e1n ordinance entitled "An Ordinance To P,ezone Certain Property In The City Of West Memphis; And For Other Purposes" was read the second time by City Attorney Giallin. Motion was made by Alderman llic}cerson, seconded by Alderman Horton: That the ordinance be passed on the second reading. Upon vote, the voting was as follows: Aye: Aldermen: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Scott, Smith, and Bentley. No: None. The rlayor announced bids for a Police Car as advertised in the Evening Times on July 2nd and 9th would be openned. The following bids were received: Ryan Chevrolet, Inc. $3,070.34 Bob Morrow Ford Sales $3,519.41 *,t*~yt*~~* After discussion, motion was made by Alderman Smith, seconded by Alderman Horton: That the Police Commission survey the bids, and be authorized to accept the bid advantageous to the City. Upon vote, the voting was as follows: Ayer Aldermen: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Scott, Smith, and Bentley. No: None. P.ecommendation of the Fire Department Commission that the 1 Mill Tax for Firemen's Relief and Pension Fund be collected for the year 1971 was presented. The Council was informed due to retirement of members of the Department the additional funds will be needed, also the Firemen had voted to assess themselves 3% for retirement. Resolution for the Tax was presented as follows: RESOLUTION N0. 420 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: That a tax of one (1) mill upon the dollar for Firemen's Relief and Pension Funcl upon the assessed value of all real, and personal property within the limits of the City of West Memphis, Arkansas, be and the same is hereby levied, and the City Clerk is hereby directed to deliver a certified copy of this Resolution to the Clerk of the County Court of Crittenden County for the tax books for the year 1971 . **~~~ Dfotion was made by Alderman Grimsley, seconded by Alderman Harris: ghat the Resolution be adopted. Upon roll call vote, the voting toss as follows: Aye: Aldermen: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Scott, Smith, and Bentley. No: None. In accordance with request for two additional Police Officers on July 1st, City Attorney Wallin presented an ordinance for consideration of the Council. Alderman Smith introduced the ordinance entitled "An Ordinance To Amend Ordinance No. 681 Of The City Of West Memphis, Arkansas; Establish- ing The Number Of Policemen Authorized For The City Of West Memphis, Arkansas; Declaring An emergency And For Other Purposes", and the City Attorney read the ordinance in full. Alderman Hutcherson, seconded by Alderman F}arras, 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: Aldernien: Dickerson, Grimsley, Harris, Hightaer, Horton, Hutcherson, Scott, Smith, and Bentley. No: None. Thereupon the D}ayor 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 Grimsley, 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: riye: Aldermen: Iickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Scott, Smith, and Bentley. 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 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: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Scott, Smith, and Bentley. No: None. Alderman Scott, seconded by Alderman Hightower, moved that Section 3 the emergency clause be adopted, and on roll. call the following voted: Aye: Aldermen: i7iclcerson, Grimsley, 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. 689, the ordinance read as follows: ORDINANCE NO, 689 AN ORDINANCE TO AMEND ORDINANCE NO,~ OF THE CITY OF WEST MEMPHIS, ARKANSAS; ES- TABLISHINCT THE NUMBER OF POLICEMEN AUTHO- RIZED FOR THE CITY OF WEST MEMPHIS, ARKANSAS; DEC LA RING AN EMERGENCY AND FOR OTHER PURPOSES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1. Section 1 of Ordinance No.~of the City of West Memphis, Arkansas, is hereby amended to read as follows: "Section 1. That the West Memphis Police Department shall be authorized to commission not more than 69 Police Officers for the City of West Memphis, the same shall be under the general superintendence of the Mayor of the City of West Memphis," Section 2, All Ordinances or parts of Ordinances in conflict here- with are hereby repealed, Section 3, It being determined that the enforcement of the laws of the State of Arkansas and the City of West Memphis require additional Police Officers under the general superintendence of the Mayor of the City of West Memphis, i.n the interest of the health, safety and welfare o.f said City a.n emergency is hereby declared to exist, and this Ordinance shall be in full force a.nd effect from and after its approval. *~**** The Mayor informed the Council an ordinance for rezoning property owned by Mary Bretherick, Freddie N. Bollinger, and x. K, Bollinger referred to as Tract No. 3 in the application had been recommended for approval by the Planning Commission on July 14th, therefore, the ordinance had not been received to list on the tentative agenda. Motion was made by Alderman Smith, seconded by Alderman Hutcherson: That the ordinance rezoning the Bretherick - Bollinger property be considered. The voting was as follows: Aye: Aldermen: Dickerson, GrimabK Harris, Hightower, Horton, Hutcherson, Scott, Smith, and Bentley No: None. Attorney llick fiatfield on behalf of applicants stated the area is north of the VFW Club. b1r, Charles Hampton requested plat of property 1" to 100' be presented for the city's records prior to final reading of the ordinance. An ordinance entitled "An Ordinance To Rezone Certain Property In The City Uf West Memphis; And For Other Purposes" was read by City Attorney Wallin. Piotion was made by Alderman Scott, seconded by Alderman Hightower: That the ordinance be approved on first reading. Upon vote, the voting was as follows: Aye: Aldermen: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Scott, Smith, and Bentley No: None. Mrs. Garnet Williams requested six months extension of permit for operation of beauty shop at 322 S. 13th. After discussion, motion was made by Alderman Bentley, seconded by Alderman Smith: That a six months extension be granted Mrs. Garnet fvglliams for a beauty shop at 322 S. 13th Street. Upon vote, the voting was as follows: Aye: Aldermen: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Scott, Smith, and Bentley No: None. Mayor Rodgers brought to the Council's attention a misunderstanding as to interpretation of Urdinance No. 688 pertaining to the Utility Commission, and he had requested the City Attorney to prepare an ordinance to cl~ify the matter. Inasmuch as the ordinance had not been on the tentative agenda, motion was made by Alderman Scott, seconded by Alderman Grimsley: That the ordinance be considered at this time. Upon vote, the voting was as follows: Aye: Aldern~en: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Jcott, Smith, and Bentley No: None. The ordinance entitled "An Ordinance To Amend Section 1 Of Ordinance No. 688 Of The City Of Weat Memphis; Declaring An Emergency And For Other Purposes" was introduced by Alderman Hightower, and City Attorney Wallin read the ordinance in full.. Alderman Scott, seconded by Alderman Horton, 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: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Scott, Smith, and Bentley 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 then read the second time by the City Attorney. Discussion as to authority of Utility Commission, budget, uniformity of control of committees, and interpretion of Ordinance No. 688 as to raises was held. Alderman llickeraon, 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 ASayor put the question on the adoption of the motion and the roll being called the following voted: Aye: Aldermen: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Scott, Smith, and Bentley 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 Grimsley, seconded by Alderman Harris, 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: Dickerson, Grimsley, Harris, Hightower, Hutcherson, Scott, Smith, and Bentley No: Alderman Horton. Alderman Hutcherson, seconded by Alderman Smith, moved that Section 3, the emergency clause be adopted and on roll call the following voted: Aye: Aldermen: Dickerson, Drimsley, Narris, Hightower, Hutcherson, Scott, Smith, and Bentley. No: Alderman Horton. e'7L~D -~--._::~ . _..._..__e__~ ...__.__.~~~__-_--_..__ __-__~__.._. _ ___._ _.__-~. ~~_...:._ ~d:r~~.___:.~._._..~.___- _ 'I'tze 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 sea]. of the City. 'the ordinance was given No. 690. The ordinance read as follows: ORDINANCE NO. 690 AN ORDINANCE TO AMEND SECTION 1 of ORDINANCE NO. ~~ OF THE CITY-0F WEST MEMPIIIS; DECLARING AN EML'RGP:NCY AND FOR OTHER PURPOSES. BE IT ORDAINED BY TI-IE CITY COUNCIL OF THE CTI'Y OF WEST MEMPHIS, ARKANSAS; Section 1. Section 1 of Ordinance No. ~~ of the City of West Memphis, Arkansas, is hereby amended to read as follows: "Section 1. Section 5 of the Ordinance No. 292 of the City of West Memphis, Arkansas is hereby amended to read as .follows. Section 5. Ttie West Memphis Utility Commission shall prepare a.n a.nnual budget which must be submitted to the West Memphis City Council for approval beginning December 1, 1971 and each successive year thereafter. The Commissioners appointed hereunder shall have power a.nd authority to manage, control, operate, improve, maintain, extend and enlarge the muni- cipal utility systems in said City and territory in vicinity thereof and a majority of the Board of Commissioners shall constitute a quorum for trans- acting all business but it shall require the approval of a majority of the entire board for any action of a.ny meeting to become the action of the Board of Utility Commissioners and shall have full charge of said plants and systems including the right to employ or remove and/or discharge any and all assis- tents, supervisors, foremen, clerks and bookkeepers and employees and to fix a.nd regulate their salaries. Provided, however, that effective as of the date of the passage of this Ordinance, all salary increases of any employee of the West Memphis Utility Commission shall be approved by the West Memphis City Council. Provided further that the employment of any person whose salary, including travel expense exceeds $10, 000.00 annually must be approved by the West Memphis City Council. The Commissioners shall have the ~~~ authority and power to employ engineers, auditors and accountants when the need and occasion arises. Said Commissioners shall not have a.ny authority to sell, mortgage or encumber said utility plants or systems but may, with the approval of the City Council, issue bonds, .notes, pledges, or•dcrs, or any type of indebtedness necessary to operate and/or enlarge said plant or systems. " Section 2. All Ordinances or parts of ordinances in conflict here- with are hereby repealed. Section 3. It being found and determined by the City Council of ~~i~ City of West Memphis, Arkansas, that certain modifications-need to be made immediately to Ordinance No.~~of the City of West Memphis, Arkansas, in the interest of the health, safety and welfare of the inhabitants of the City of West Memphis, an emergency is hereby declared to exist and this Ordi- nance shall be in full force and effect from a.nd after its passage and approval. ***** Mayor Tcodgers informed the Council of possibility of a special council meeting on July 20th at 5 P.M. for the purpose of calling an election on the question of issuing bonds for the construction of two plants. Alderman Horton commented on numerous complaints pertaining to pungent odor in the eastern and southern sections of the city. Alderman liickerson stated he had received complaints of a dangerous situation caused by taxi cabs driving between a bus discharging passengers and the bus station. No further business being presented, the meeting was adjourned. ATTE CITY C ~~ MAYOR " ~~ APPKOVEll: