April 6, 1967140
,MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS,
TTF.TT1 AT NF ('TTY NA T.T. TN_SATT) CTTY (1AT TT7F /,TU nnY nF. APATT.. 1g67_
The Council of the City of West Memphis, in the County of Crittenden, State of Arkansas,
met in regular session in the City Ha11 in said City, at 3:00 P.M. on the 6th day of April, 1967.
The meet~.ng was called to order by the Mayor, and the roll being called there were:
Present: Bob 5den, Mayor, in the Chair, and the following named Aldermen:
F. C. Weis Kirby Leggett
Q. I. Bollinger Paul Matthews
0. C. Haley C. T. Rodgers
Pritchard Horton :. R. L. Smith
City Attorney W. H. Dillahunty.
Absent : Clone .
Minutes of Council Meeting on March 16th were approved as read.
Mayor Eden introduced M.r. Sam Latham, President of the West Memphis Optimist Club, explained
the Club was awarding their Heroism Award to Bertha Shelton, 218 S. 12th, for saving the life of
a young boy, Tab Binford, Jr., who had been engulfed by flames when his clothes became ignited
from a five gallon can of gasoline. The presentation was made by Fire Chief R. L. Simmons.
The following announcements were made by Mayor Eden:
The City Beautiful parade will be April 15th at 10:00 A.M., and the City Officials have been
extended an invitation to ride in the parade.
The Library Commission is having open house at the new branch Library from 2 until 4 cn Sunday,
April 16th.
Choctaw, Inc. will have their dinner on April 18th or 20th at the Rivermont, the exact date to be
announced later.
The Council was informed Act No. 278 of Arkansas Statutes 1967 had established the salaries of
Judges of 1`Iunicipal Courts, and the salary designated for West Piemphis is $10,000.00 retroa~ive to
Jarnxary 1, 1967, Inasmuch as the 1967 Budget appropriation is $750.00 less than the City~s half of
the sad.~ry, it will be necessary to appropriate an additional sum. Thereupon, motion was made by
Alderman Bollinger: That the amount of $750.00 be appropriated for the Municipal Judges Salary.
The motion was seconded by Alaerman Weis: Upon vote, the voting was as follows:
Aye; Aldermen: 6deis, Bollinger, Haley, Horton, Leggett, Matthews, Rodgers, Smith
Nay: None.
Mr. Robert W. Raney of 'P. J. Raney & Sons presented two proposals for the financing of a
contemplated $3 ,5 Million Do 11ar Water and Sewer Expansion and Improvement, that it will be
necessary for the City to issue $2,800,000 bonds in order to apply for 30~ matching funds from
the Government by application. to the Arkansas Stream Pollution Control Commission. The first
proposal for 4..50 rate of interest would require approximate
4.60 rate of interest that would dovetail previous bond issue and3annualpaa ent a year, or a
$75,000 less. The Council was informed the West Memphis Utility Commission hnastrecommended the
4.60 proposal. ,The 4.60 proposal presented as follows:
Honorable Mayor and City E®uncil
City of West Memphis
West Memphis, Arkansas
Gentlemen:
We are advised that the City needs to issue approximately $2,800,000 in Public Utility Revenue
Bonds in order to secure necessary funds for water andsewer improvements. 1r1e feel that we can be
of assistance to you in determining tie prover maturity schedule and advising with you at all
times on any of the necessary steps anc procedures until the bonds are delivered. It is our
understanding that it is possible to secure Federal Aid under Law 660 as matching funds for
certain portions of the sewer i^n;rovements. We are familiar with the necessary procedures and
agree to use our best efforts in helping to obtain these funds.
1. We agree to assist you with all details incident to the issuance of these bonds, to prepare
any papers or necessary forms for their legal issuance and will pay the following expenses
incident to the issuance of these bonds: (1) printing of the bonds, (2) trustees fee,
(3) the fee charged by the attorney approving the issue, and,
(4) the publication costs.
2. It is mutually understood and agreed that the Council will adopt all necessary ordinances
and/or resolutions pertaining to the issuance of the bonds in such forms as are satisfactory
to the retained municipal bond counsel and will take such other steps as such counsel may
require to enable them to render an unqualified opinion as to the legality of the authorization,
issuance, and delivery of the bonds.
3. The bonds shall be callable in inverse numerical order from surplus construction funds and
surplus utility revenue on any interest paying date at par and accrued interest. They will
also be callable on any interest paying date on and after five years, in inverse numerical
order at par and accrued interest from funds from any source.
iy~~.
4. i~Te agree to purchase and you agree to sell the $2,800,000 in Public Utility Revenue
Bonds at a Arice of 100 cents on the dollar face value and accrued interest for bonds
bearing an interest rate of 4.60. Said bonds to be delivered to us 120 days from the
date of this contract or thereafter at our option for an additional 120 days.
5. We shall have the right to convert the bonds to lower rates of interest, so long as the
City receives no leas and pays no more than if the bonds had not been converted.
~~oa~ersion to be in substantial compliance with the Universal Bond Values Tables and
subject to the approval of the bond attorney, the City of Weat Memphis, and the trustee,
with the further understanding that the average rate of the converted schedule shall not
be more than 1/2 of 1~ less than.tj~e rate of the original schedule.
This agreement is made subject to the buyer receiving the unqualified legal opinion of
Messrs. Smith, Williams, Friday and Bowen, Attorneys, Little Rock, Arkansas.
Respectfully yours,
T. J. RANEY & SONS
BY /S/ ROBERT W. RANEY
After discussion, motion was made by Alderman Weia: That the City accept the proposal of
T. J. Raney & Sons for issuing $2,800,000 bonds with 4.60 schedule and guarantee. The
motion was seconded by Alderman Leggett. Upon vote, the voting was as follows:
Aye: Aldermen: Weis, Bollinger, Haley, Horton, Leggett, Matthews, Rodgers, Smith.
Nay: None.
Mayor Eden stated plans for street improvements are being prepared, and bids will be
published.
Mr. John L. Durett, Manager of Tri-B Advertising Company of $orrest City, appeared
before the Council to request a waiver of regulations as to placing signboards in the city.
Mr. Durett stated his company had been requested to move the two large signs that were east
of McCaa Chevrolet Company, and after checking zoning requirements had rented Lot 8, Block 12,
Compress Subdivision being a lot on Missouri Avenue north of the Kream Kastle to eres+t a sign.
Mr. Durett stated when he applied for permit he was informed that the zoning in that area
does not permit the type of sign he contemplates erecting. City Attorney Dillahunty informed
the Council there had been a misprint in the proposed zoning ordinance in that X~a permitting
certain items were printed in spaces where they did not apply, and the mistake had been found
prior to the adopting of the ordinance and that an effort had been made to recall all of the
misprints, but unfortunately the copy Mr. Durett had referred to was incorrect. After
discussion, motion was made by Alderman Horton: That the request of Tri-B Advertising Company
be denied. The motion was seconded by Alderman Weis. Upon vote, the voting was as follows:
Aye: Aldermen: Weis, Bollinger, Haley, Horton, Leggett, Matthews, Smith.
No: Alderman: Rodgers.
The motion carried.
City Attorney Dillahunty informed the Council original plane of the Airport Commission
included construction of a T-hangar, but now the plane have been amended to delete the hangar
and enlarge the taxiways, therefore, the following Resolution was being presented for
consideration of the Council:
RESOLUTION N0. 307
WHEREAS, the City of West Memphis, Arkansas, has previously requested an amendment to the
Grant Agreement for Project No. 9-03-046-C701 providing for the deletion from the work description
relating to construction of T-hangar taxiways and enlarging Areas 1 and 2; and
WHEREAS, the administrator of the Federal Aviation Agency has authorized the issuance of
Amendment No. 1 to the Grant Agreement, as evidenced by said documents, attached hereto and
made apart of this resolution by reference and as if same were set out herein word for word
and item by item; and
WHEREAS, it is necessary for the Mayor and City Clerk to execute said Amendment No. 1 to
Grant Agreement, pursuant to instructions from the Federal Aviation Agency.
NOW, THEREF~E, BE IT RESOLVED by the City Council of Weat Memphis, Arkansas, that the
Mayor and City Clerk, be, and they are hereby authorized and directed to execute on behalf of
the City of Weat Memphis, Amendment No. 1 to Grant Agreement, copy of which is attached hereto,
and made a part of this resolution by reference and as if same were set out herein word for
word and item by item.
BE IT FURTHER RESOLVED, that the required copies of said resolution and amendment be
forwarded to the appropriate official with the Federal Av3#tion Agency, Fort Horth, Texas.
142
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After discussion, ration was made by Alderman Matthews: That the Resolution as presented be
adopted. The motion was seconded by Alderman Haley. Upon vote, the voting was as follows:
Aye: Aldermen: Weis, Bollinger, Haley, Horton, Leggett, Matthews, Rodgers, Smith.
Nay: None.
The Council was informed the Utility Commission had received bids for a crane to be placed
on a truck, and the lowest and beat bid,; received on April 3, 1967, is $8,987.00 which is in
excess of the $5,000.00 limitation of the Commission without Council approval. Therefore, the
following Resolution had been prepared: _~
RESOLUTION N0. 308
WHEREAS, the West Memphis Utility Commission has received sealed bids for the purchase of a
crane to be used on a vehicle operated by the Commission; and
WIi~tEAS, the lowest submitted bid exceeds the $5000.00 limitation placed upon said Utility
Commission for purchases without approval of the West Memphis City Council; and
ti~REAS, the West A4emphis Utility Commission has considered all bids and has determined
that the bid from McGhee's Crane Service in the amount of $8987.00 is the best and lowest bid
and has recommended that the City Council authorize the purchase of said equipment;
NOW, THEREFORE, BE IT RESOLVED BY THE City Council of West Memphis, Arkansas, that the
West Memphis Utility Commission be and they are hereby authorized to pprchase the above property
for the sum of $8987.00 pursuant to bid submitted by McGhee's Crane Service.
After discussion, motion was made by Alderman Matthews: That the Resolution as presented be
adopted. The motion was seconded by Alderman Smith. Upon vote, the voting was as follows:
Aye: Aldermen: 'rJeis, Bollinger, Haley, Horton, Leggett, Matthews, Rodgers, Smith.
Nay: None.
Having been requested on March 16th to prepare a resolution providing for distribution of
funds to the Boys' Club from the Charity Daya to be conducted by Southland Racing Corporation,
City Attorney Dillahunty presented the following Resolution:
RESOLUTION NO. 309
47HEREAS, Senate Bill No. 332, providing for one-third (1/3) of net proceeds derived from
Charity Days to be conducted by Southland Racing Corporation to be used for charitable purposes
as determined by the City of West Memphis, has passed the Ser~.e and House of Representatives
and has become law: and
WHEREAS, the City Council has given consideration as to the proper method of handling such
funds which will be deposited with the City of West Memphis, and has determined that the President,
Vice-President, Secretary and Treasurer of the Boys' Club of West Memphis, should be given the
authority to recommend to the City Council how such proceeds to be derived from such Charity Days
be spent or distriiouted;
NOW, THEREFORE, BE IT RESOLVED by the City Council of West Memphis that the President,
Vice-President, Secretary and Treasurer of the Boys' Club of West Memphis be appointed as a
Committee to recommend to the City Council the method of distribution of such fluids received by
the City from the Charity Days.
Motion was made by Alderman Leggett: That the Resolution as presented be adopted. Upon vote,
the voting was as follows:
Aye: Aldermen: Weis, Bollinger, Haley, Horton, Leggett, Matthews, Rodgers, Smith.
Nay: None.
The City Attorney presented an ordinance to amend Ordinance No. 411 to permit sheet metal
business iri a C-5 Zone as discussed on March 16th. Alderman Weis introduced the ordinance
entitled "An Ordinance To Amend Ordinance No. 411; Declaring An Emergency And For Other Purposes"
and City Attorney Dillahunty read the ordinance in full.
Alderman Matthews, 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: Weis, Bollinger, Haley, Horton, Leggett, Matthews, Rodgers, Smith.
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 by City Attorney Dillahunty.
Alderman Bollinger, seconded by Alderman Haley 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: Weis, Bollinger, Haley, Horton, Leggett, Matthews, Rodgers, Smith.
Nay: None.
The Mayor declared that at least two-thirds of all members elected to the Council having
noted in favor of the motion to suspend the rule, the motion was carried and the rule suspended.
The ordinance was then read by Alderman Smith.
Alderman Rodgers, seconded by Alderman Leggett, moved that the ordinance be adopted. The
question was put by the 44syor on the adoption of the motion and the roll being called, the
following voted:
Aye: Aldermen: Weis, Bollinger, Haley, Horton, Leggett, Matthews, Rodgers, Smith.
Nay: None.
Alderman Weis, seconded by Aldeuan Matthews, moved that Section 3, the emergency clause,
be adopted, and on roll call the following voted:
Aye: Aldermen: Weis, Bollinger, Haley, Horton, Leggett, Matthews, Rodgers, Smith.
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. 522.
The ordinance read as follows:
ORDINANCE N0. 522
AN ORDINANCE TO AMEND ORDINANCE N0. 111; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES.
• BE IT ORDAINED BY THE CITY COUNCIL OF WEST MEMPHIS, ARKANSAS:
Section 1: Ordinance No. loll is hereby amended to permit the location and operation
of a sheet metal business in a C-5 zone as opposed to M-1 Limited Industrial as is presently
provided by Ordinance No. 411.
Section 2: All parts of Ordinance No. 411 in conflict herewith are hereby repealed.
Section 3: It is found and determined by the City Council that this ordinance is
immediately necessary for owners of property to be able to utilize such property. Therefore,
an emergency is hereby declared to exist and this ordinance being necessary for the public
peace, health and welfare of the citizens of West Memphis, same shall be in full force and
effect from and after it~a passage, approval and publication.
Mayor Eden presented the following letter from Gasaner,~IVathan./Browns Architecta/Plannera,
Inc:
The Honorable Robert Eden
City Hall
bleat Memphis, Arkansas
Dear Mayor Eden:
In response to the discussion forthcoming from our meeting in Fort Worth and from our meeting
of Friday, March 24, 1967, the following list of requirements, as Ya11 as recommendations for
re-certification of the Workable Program has been prepared.
A. Codes And Ordinances
Re uirements
Zl~~ieZ`~~y must adopt the latest housing code.
(2) The City must hire one qualified person to enforce this Housing Code.
(3) The City moat update all its codes, including building, plumbing, electrical, fire
prevention, and gas (if applicable). No code should be later than 1961.
Recommendations
1 e City adopt the Southern Schedule Housing Code 1965 Edition.
(2) The City hire immediately a qualif ied housing code inspector; that this person not
be presently responsible for enforcing of other codes in the City.
(3) The City invite an official from the Department of Housing and Urban Development to
discuss the Housing Enforcement Program with this new official and other interested
parties.
(4) The City adopt the Department of Housing and Urban Development Housing Code Compliance
Program for Medium-sized Cities.
(5) That an official now hired by the City start immediately to collect information on
Housing Code Enforcement during the past six years.
(6) Adopt the following model codes:
Building Code - SSBC--1965 Edition with 1966 Amendementa
Plumbing Bode - SSBC--Part III Plumbing 1963 Edition with 1966 Amendments
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After discussion of requirements to be eligible for Federal Funds, plane of the American
Legion fora 100 unit housing project, and probability of the City of Marion being included
in a comprehensive plan, motion was made by Alderman Smith: The Mayor be authorized to enter
into contract with Gassner,/Nathan/Browne for Workable Program Re-certification, and the sum of
$2,200.00 be allocated from the General Fund for payment. The motion was seconded by
Alderman Haley. Upon vote, the voting was as follows:
Aye: Aldermen: Weis, Bollinger, Haley, Horton, Leggett, Matthews, Rodgers, Smith
Nay: None.
Alderman Leggett brought to the Councills attention the previous discussion on street
lights and requested that at least 25 lights be installed this year, to be divided six each
ward. The matter was discussed and was concensus of opinion that Engineer Pat Johnson of the
Utility Department make a survey of where the lights are needed, and plans be completed after
the survey. Placing a light at the intersection of Rich Road and Highway 70 was discussed.
No further business being presented, the meeting was adjourned. /
f'J
f~ 1 .M
ATTEST ~~~'~Z~'~j MAYOR
-- CITY C
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APPROVED: APRIL 20, 1967