July 20, 1967MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MN~HIS, ARKANSAS,
HELD AT THE CITY HALL IN SAID CITY ON THE 20TH DAY OF JULY, 1967.
____ _ .._ __ .____.__~_____N~ ____._ __~___.__~ = ___-~ ___..____~~___ _~~____
._~
The City Council of the City of West Memphis, Arkaaeas, met in regular session at its
regular meeting place in West Memphis, Arkansas, at 3:00 o'clock P.M. on the 20th day of
July, 1967. The following were present: Vice-Mayor 0. I. Bollinger, Aldermen: R. L. Smith,
F. C. Weis, 0. C. Haley, Pritchard Horton, Kirby Leggett, Paul Matthews, and City Attorney
W. H. Dillahunty.
Absent: Mayor Bob Eden.
It being determined a quorum was present, the following proceedings were had to-w1t:
Minutes of Council Meeting on July 6, 1967, ware approved as read.
Application of Southwest Chemical Compa:~q to erect a 10 x 30 business sign was presented.
Mra. Grace Holley, representing the applicant, informed the Council permission had been received
to erect the sign on the Ellis Poole property: After discussion of the C-5 zoning requirements,
motion was made by Alderman Rodgeras That permission be granted Southwest Chemical Company to
erect the sign for one year provided the sign is set back 50 feet from Broadxay and the property
owner does not object. The motion was seconded by Alderman Matthews. Upon vote, the voting was
as follows:
Aye: Aldermen: Smith, Weis, Haley, Horton, Leggett, and Matthews.
Nay: None.
Application of Obadiah Rodgers to erect a !t0 x 80 tent at 19th and Jackson Streets for a
revival July 26th to August 11th was presented. The Council was informed portable reatroome will
be erected. After discussion of the fire hazard and health problem, motion wsa made by Alderman
Weis: That the application be approved aub~ect to approval of the Fire Chief and Health Officer.
The motion was seconded by Alderman Smith. Upon vote, the voting was as follows:
Aye: Aldermen: Smith, Weis, Haley, Horton, Leggett, and Matthews.
Nay: None.
Recommetuiation of the Planning Commission to rezone E. 30 Feet of Lot 13, and all of Lot ].L~
in Block 8, M. L. Thompaon's 2nd Addition ttas presented. Attorney Ralph Sloan oa behalf of the
property owner, Guaranty Loan and Reat Estate Company, appeared and discussed the planned
construction. Alderman Leggett introduced an ordinance entitled "An Ordinance To Re-Zone And
Re-Designate Certain Property In The City Of Weat Memphis, Arkansas" end City Attorney Dillahunty
read the ordinance in full.
Alderman Smith, seconded by Alderman Haley, 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: Smith, Weis, Haley, Horton, Leggett, and Matthews.
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 Alderi-oi~ llAtthawa.
Alderman Horton, seconded by Alderman Rodgers 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: Smith, Weis, Haley, Horton, Leggett, and Matthews.
Nay: None.
The Mayor declared that at least two-thirds of all members elected to the Council having
voted in favor oP the motion to suspend the rule, the motion was carried and the rule suspended.
The ordinance was then read by the City Attorney.
Alderman Weie, seconded by Alderman Leggett, 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: Smith, Weis, Haley, Horton, Leggett, and Matthews.
Nay: None.
Alderman Smith, seconded by Alderman Haley, moved that Section 2, the emergency clause be
adopted, and on roll call the following voted:
Aye: Aldermen: Smith, Weia, Haley, Horton, Leggett, and Matthews.
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. 535. The ordinance read as follows:
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___
ORDINANCE N0. 535
AN ORDINANCE TO RE-ZONE AND RE-DESIGNATE CERTAIN PROPERTY IN THB CITY OF WEST MEMPHIS, ARKANSAS
WHEREAS, Guaranty Loan and Real Estate Company has petitioned the Planning Commission to
re-zone and re-designate certain property hereinafter described; and
WHEREAS, notice was duly published on June 8, 1967, as provided by law, of a hearing to be
held before the bleat Memphis City Planning Commission at 5:00 p.m, on July 6, 1967, for the
purpose of hearing any interested parties in connection with the re-zoning and re-designating
of said lands; and
WHEREAS, at said meeting on July 6, 1967, said petition was considered by the Planning
Commission and no persona appearing to protest the aame, the Planning Commission recommended
to the City Council that said petition be granted: NOW, THEREFORE,
..
BE IT ORDAINED BY THE CITY COUNNIL OF THE CITY OF WEST MEMPHIS:
SECTION 1:
(a) That the following described property, to wit:
The East 30 feet of Lot 13 and all of Lot ].4 in Block 8 of Miles L. Thompson's 2nd
Addition to the City of bleat Memphis, Arkansas, as shown by plat of record in Plat Book
.; 1 at page 85,
be and the same is hereby re-zoned and re-designated ae RM-2, Multiple-Family Residence
District.
SECTION II: Emergency Clause: It ie hereby ascertained and declared to be a fact that the
proper y-above described is in the process of development; that the passage of thin Ordinance
is in the interest of the public peace, health, safety and welfare of the citizens of
bleat Memphis; therefore, an emergency is hereby declared to exist, and this Ordinance shall be
in full force and effect from and after its passage and appronal.
A plat of the Re-subdivision of Lot ].1t and the East 30 feet of Lot 13, Block 8,
M. L. Thompson 2nd Addition that had been recommended for approval by the Planning Commission
on July 6th xas presented. Attorney Ralph Sloan informed the Council the plat was of the area
that had been rezoned by Ordinance No. 535. Motion xas made lry Alderman Weis: That the Plat
of Re-subdivision of Lot 14 and the East 30 feet of Lot 13, Block 8, M. L. Thompson 2nd Addition
be approved. The motion xas seconded by Alderman Matthews. Upon vote, the voting was as Yolloxa:
Aye: Aldermen: Smith, Weis, Haley, Horton, Leggett, and Matthews.
Nay: None.
Recommendation of the Planning Commission to rezone property owned by Guaranty Loan and
Real Estate Compa~r north of Calvary Baptist Churchfor apartments was discussed with Attorney
Ralph Sloan, representing the property owner. Mr. 31oan presented a plat of the proposed
construction showing parking within the apartment area. The location and construction of
streets in the vicinity were discussed. Alderman Leggett introduced an ordinance entitled
"An Ordinance To Re-Zone And Re-Designate Certain Property In The City Of bleat Memphis, Arkansas"
and City Attorney Dillahunty read the ordinance in full.
Alderman Smith, seconded by Alderman Haley, 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 noted:
Aye: Aldermen: Smith, Weie, Haley, Horton, Leggett, and Matthews.
Nay: None.
Thereupon the Mayor declared that at least txo-thirds of all members of the Council having
wted in favor of the motion to euapend the rule, the motion was carried and the rule suspended.
The ordinance was then read by Alderman Matthexa.
Alderman Horton, seconded by Alderman Rodgers, 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: Smith, Weie, Haley, Horton, Leggett, and Matthews.
Nay: None.
The Mayor declared that at least txo-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 by City Attorney.
Alderman Weis, seconded by Alderman Leggett, moved that the ordinance be adopted. The
question xas put by the Mayor on the adoption of the motion and the roll being called, the
following voted:
Aye: Aldermen: Smith, Weis, Haley, Horton, Leggett, and Matthews.
Nay: None.
Alderman Smith, seconded by Alderman Haley, moved that Section 2, the emergency clause
be adopted, and on roll call the following voted:
Aye: Aldermen: Smith, Weis, Haley, Horton, Leggett, and Matthews.
Nay: None.
The Mayor thereupon declared the ordinance and the emergency clause adopted and signed
the ordinance, which was atteeted by the City Clerk and impressed with the seal of the City.
The ordinance was given No. 536.
The ordinance read as follows:
ORDINANCE N0. 536
AN ORDINANCE TO RE-ZONE AND RE-DESIGNATE CERTAIN PROPERTY IN THE CITY OF WEST MEMPHIS,
ARKANSAS `•
WHEREAS, Guaranty Loan and Real Estate Compas~y has petitioned the Planning Coad:iasion
to re-zone and re-designate certain property hereinafter described; and
WHEREAS, notice was duly published on June 5, 1967, as provided by law, of a hearin6
to be held before the bleat Memphis City Planning Commission at 5:00 p.m. on July 6, 1967,
for the purpose of hearing any interested parties in connection with the re-zoning and re-
deaignating of said lands; and
WHEREAS, at said meeting on July 6, 1967, said petition was considered by the
Planning Commission and no persona appearing to protest the same, the Planning Commission
recommended to the City Council that said petition be granted: NOW, THEREFORE,
BE IT ORDAINED B7C THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS:
SECTION I:
(a) That the following described property, to wit:
That part of the NE~ SW~ of Section 1, Township 6 North, Range 8 Eaat, described
ae follows: Commencing at the southeast corner of said NE~ SW~, run thence north
6l~0 feet to the point of beginning, thence xeat 510 feet; thence north 250 feet;
thence East 540 feet; thence south 250 feet to the point of beginning,
be and the same is hereby re-zoned and re-designated as RM-1, Multiple Family
Residence District.
SECTION II: EMERGENCY CLAUSE: It is hereby ascertained and declared to be a fact that the
property above eacr a the process of development; that the passage of this Ordinance
is in the interest of the public peace, health, safety and welfare of the citizens oY
bleat Memphis; therefore, an emergency is hereby declared to exist, and this ordinance shall be
in full force and effect from and after its passage and approval.
City Attorney Dillahunty brought to the Council~a attention Arkansas Power & Light CompagT
has submitted an Amendment to Service Agreement dated February 2, 1967, which provides for an
additional point of delivery for electrical power. Also, the Utility Commission at their meeting
on July 11th had recommended that the Amendment be approved inasmuch as the Engineering Firm
employed by the Utility Commission had stated additional points of delivery will be necessary due
to the growth of the city. After discussion Alderman Leggett introduced an ordinance entitled:
"An Ordinance Setting Forth And Authorizing The Execution Of An Amendment To The Service Agreement
Dated February 2, 1967 Between Arkansas Power & Light Company And The City Of bleat Memphis, Arkansas,
For The Purchase OY Sower And Energy BY The City For Distribution Through Its Electrical System And
The Supplying Of Power And Energy By Arkansas Power & Light Compac~r, Declaring An Emergency, And For
Other Purposes" and City Attorney Dillahunty read the ordinance in full.
Alderman Smith, seconded by Alderman Haley, 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: Smith, Weis, Haley, Horton, Leggett, and Matthews.
Nay: None.
Thereupon the Mayor declared that at least two-thirds oP all members of the Council having
voted in favor of the motion to suspend the rule, the motion was carried sad the rule auapended.
The ordinance was then read by the City Attorney.
Alderman Matthews, seconded by Alderman Rodgers then moved that the rule requiring the
reading of an ordinance in full on three different days be further auapended 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 fc]lowing voted:
Aye: Aldermen: Smith, Weis, Haley, Horton, Leggett, and Matthews.
Nay: None.
<<2`1?
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 wee then read by Alderman Horton. ~,~
Alderman Weie, seconded by Alderman Leggett, 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 i
following voted: Y
Aye: Aldermen: Smith, Weis, Haley, Horton, Leggett, and Matthews. ~
i
Nay: None.
Alderman Weia, seconded by Alderman Leggett, moved that Section 4, the emergency clause be
adopted, and on roll call the following voted:
Aye: Aldermen: Smith, Weis, Haley, Horton, Leggett, and Matthews.
Navy: None .
The Vice-Mayor thereupon declared the ordinance and the emergency clause adopted, and ;',
stated the ordinance would be held for the signature of the Mayor and would then be attested by ~'~
the City Clerk and impressed with the seal of the City. The ordinance was given No. 537. The
ordinance read as follows:
ORDINAICE N0. ..?~ ;~-
AN ORDINANCE SETTING FORTH AND ALiTfT(~fiI~.IN(r THE
EYEC?7TION OF AN A1~II?T?1~1<IEr'T T!~ THE SERVICE AGREE-
NIENT DATED FEBRUARY ~. labi BETWEEN ARKANSAS
POWER & LIGHT COPIPATTr AND THE CITY OF InIEST
MEA4PHIS, ARI{ANSAS, FOR THE Pi?RCHASE OF P06+IER
AND Er,~RGY BY THE CITY FOR. DISTRIBUTION THROTJGH
ITS ELECTRICAL SYSTEM AND ~'HE SUPPLYING OF PODJER
AND ENERGY BY ARKANSAS POWER & LIGHT COMFANY,
DECLARING AN EIvIERGENCY, AND ~ R OTHER PURPOSES
WHEREAS, the Cite :-f G7-~,t Pl~~mphis, 9rlc i ;~.:; ; ,,I p ~'rans.~~~
Power & Light Company ~~~,~~~~ i~erefofc.r~e entered into a Serb%ic~
Agreement dated February 2, 1'?(~7 pursuant to authorit~~- granted
in Ordinance No. 520 in the form set out in Ordinance No. 520;
and
UJHEP,EAS, at; a lawful meet i_ng of the West Memphis Uti_Iity
Commission held ~~Cr~:.~ ,~~~~`
11 - 1867, the Commission
reviewed a proposed form of amendment to saidService Agreement
providing for th,~ designation of three points of deliver,- of
the electrical p~~t~rer and energy to be supplied under said
Service Agreement and approved fhe form and content of the pro-
p-,, e~d amenrlmeiit to said Service Agreement, and resommFa~~le=d to the
Ct~r Counc_i 1 th~.t tl~ie a i_d amendment to Service Agreement be
approved; a.nd
WHEREAS, the Council a.nd its consultants I~~ave reviewed
tl~ic I'~r~~p~~sF~~J ,iu~endmo~lt tc~ thE, said S<~7°v.i.~~e A ;reonicilt; and 1'1.nd
it to be t'air aril i:~~"„~,n~a.blo ~r_a in the be.;t. intczests o'f the.
City;
~1C NOW '1'lIEhEI'CIE. BE IT ');~DA]Tdil? r;` r
s- TIIE ('ITY ('JIiTdCIL OF
THE CITY OF WEST P~ICT•'IPIIIS, ARKANSAS
Sect-ion 1-. That ?~ amen<I?ncnt t~~ tli~ Service ~~rF~ernent.
it - - date:I Peh~°uar~~ ~ 1~~i~ 1';~e' i:ile I~urclz ~,~: of electric po:,rc~r and
!,~ e;ler~y fs'om Arica ~^a„- Pc!?~rer ~ L'_~;ht Compat:y bti- the C,i-ty oP
W~=.~~t P~Icmph:i~~, AY°> >>~,Z; ~h~tll k~c~ ent~!re~l i?~.to hr.t!,aeen the City
of We ~t I~Ier?phis, Arkan - ti gad Arh.~i,sas Po~~,er cr T iE;ht Company,
~rra: :hall c~~t_* ~-~,ir. subsr x.;t ia11ti- the follo~.vint: term ~ and con-
e, ditions, to-Uii_t:
FIRST AP'1E:Pu;L??TTEI`TT TO
SERVICE ACxREET~~NT DATED FEBRUARY 2, 1_?6(
HEThIEEN
CITY OF' WEST P4L;MFHIS
AND
ARKANSAS FOWER & LIGHT COMPANY
Thi-s Am ~nder~r.t tc ~rz-ice~~ r1greement made. ibis 20th day
of Ja v l:~?i~~ l ~,t;v~_~en the City ~:fWt~,t nl~~mphis,
~--- - '
Arl~~ansas (hF ~_ in fteY' 'a11e-,~ "City") and Arkag?as Potvcl~ &
Lir;hi: Compa ;y- (h ~l t~ `.-naf t:er c.a 11 ~,:~ "C,oml.~an~-"
W I T 2~I E .~ S E T I~I:
WHEREAS. the C_Lty a.nd the Cumpan~- hat-e here', ofore made
and entere-d into `;~:~rvice A~~eement dated Febru~~r~r ^, 1u6(
by wh_tch the Con?F~';~i;~~ a~ ~ eves i;~ ,supply .end the. Cit1 ?~;rees to
re~i~ltie aIld L iy fi Y' 'ert'i1?~ L11:Lllty SE:rV1C8; and
41IIERE!?S , ti}?c~ ,~,i i ~l S~r~, i _ ~ Agreement spec ~ f i ~_~~, tt,?o points
oC deli.vcr~l o?' f;h~ ~I~~<'i.r°1c },~i.r~>>~ rlr~d enFr~•y to b~ furnished
under said A~Yeee?ent, caul f?.?rthe~' provides that ~~.dditional
p~~int^ oi' del ,!~ .a~- b. a~rc~cl upon by <<mendme?~.t to aa;_d
S Twice Ak_rE i !~>?~` : at~.~I
i~1HEF~AS tht~ lest D1r~rnp!1is Uiilittir Cc~mmissioi? and tho City
have determined that it is advisable that a portion of such
elec~tr.i_c h~~w~ r and ~~ne1 ~~Z,~ to fttroi shed at ,~, thir~~ pn:i_nt of
delivery', and the Comps n~- ha ~r~_~ecl to a t-bird point of delivery;
NOW, THEREFORE, it- is a~re:~d and understood between the
parties hC'rr'~t~~ thnt tar g.raLai nun!bered 3 of the :~foredescribed
Service AgrF ~.mF~?,~t shall be and is hereby amended so that it shall
hereafter provid_~ as folao~,vs:
"3. Points ~~f Del l~~_,ry . C'ri ~,r l~ril]. accept ~1.elivcry of 13.f3
Irv, 3 phase, h"0 circle electric power and ~~~~,~rf;v as Pollow~,:
Location Max. KW Provided Service Date
City's Po11c Avenue and
~,
Second Street ~~~,~: li:v
Switoh Station X0,000 Now in Ser~rice
Net~i.r C~7? Cis, ;~?nl; S~~ ~'t i ~~n
11 , T E~ I~l , Pc ~. ;~: ,
Crittend^r? Co,_,:;;y, a?: a
point ad,j acer?t to tY~e
present ~^:it;~- 1_imits 10,000 Now iii Service
SE,~ NE; Se`c't i_~~?; 8,
T t~ Di, R cl E. Critter?-
den Count~~ 10, 000 July l~?, lyf~'(
and/or c.~n;r add.i_tio?.al poirli,s of de:Liver,- mutually a~~reed
uprni r~.?irl ,.~,,,r' i 1' i~'rl i n r? !?nu'r!dm~,??1: t.n i,11 i ;~~ ~Err~r,~~mr,?!f, ,~.ti~
'I of We;t, I~1~-,e1>rhis ~°lc~~n _ ~ _. ~ '1_~1..- t .gas F',~;,°„ _. I,'t~'ht C`~itpar~~.
ii vx~~i~ sha11 c„ t,, - lcllc
~ t_a_ oohs ~.ic~1.1T,r the ~tvit,~r, term, ~t:d cott-
'I
d it tone, to-w i b
FTRST AMENDPTI?T.1T TO
SERVICE AGREEI ~IIT DATED FEBRUARY' "' . 1'~3~~ j
BETWEEN
CITY OF WEST P!EMFHIS
ANi~
ARKANSAS FOWER & LIGHT COMPANY
This Attr ~tidrt°axt to Se_r~%ice Agreement made tlz:i_s 20th day
of Ju],y _. 1 ?l~'; t~ef,acen ~he City of W~,.,t l~lempli_is,
Arkansas (hE ~it,~~fto.r.~ „~:11ed "Cityy-"~ atxd Arlca~a,; Powei_~ &
Light ~ ompat ~; (hex ~_ ina.i t r called "Company"
bd I: T Al Er S E T H
WHEREAS, the City snd the Company- have 1~teret cfor~ made
ar.d en+ered :into a Servict~ A Teertent ~3;?ted Felixu,?r;;% ?. 106(
by which th~~ t`:~mh :fir ai tat~sr.0 ~,~upp_l1~ stud tlt,~ ~~_ty ~xgrr>cs t0
r"'C.eiVE3 alld l;a~; i'~ ..::-] r.~l.i'.1 111~I_LJ_ty S~r~"LCe: al?::'t
bIHI'REAS, th~~ ;aid Ser~,iite Agreement spec it icy t;rro points
oj' delivery o7, t;hc ~tl~~et~°i c. I,otv.,t, :Zt?d energy tc be furni ,lied
under said Agreement, ?_~.d furt:her ~?rC>victrs that: additional
peirlts of dot -_ tray n0 a;~x,~.,~1 upon by ~~endment t.o said
WHEREAS. the nT~sL M~'rnphis hi ility COmmi.;,si~~u axtd ~1xe City
have determined t~ha~t it _, advis~~tible that a portion of such
el~-,ctric powE e' ~~d ~nexy;t- be furr~.~ehed at a third point of
delivery, at~~1 th~~ C'o~ttpan~:~ ha ~t;rc~ed to a third ix~int of dc1 ivory;
NOW, THEREFORE, it is a.gre_~d and understood between the
parties herf~t ~ i~h~i. .~ar~.k~:raph numbs. rf~d ~ oi' r.hc a.foredescribed
Service A~reemet~t. shall be :cud is hereby amended so that .it; shall
hereafter provide ~.s follovas
"3. Foints rC' De1iv~ry. ';it;,;r ti•a=i_.11 ac~ccpt dF~l ivory of 1.3.8
kv, 3 ph~.s~~, 60 c~-cle electric power and ~>n~ rf~y as follows:
Location Max. KW Provided. Service Pate
City- ~ s Folk Avenue. and
Second Street 13.8 1~,%
Switch Station 50.000 Now _i.r, Sr~rvice
N~:~.r SE ~1u~~. ~tdd'~. `3 ~ct tots
11, T ~~ Tl, Fi ~' I?.,
Crittend^t! Ccun~;y, ai a
point adja2ent to the
present city;- limit;., 10,000 Now in Service
SE;-~ Ni.l S~?ci;io1: 8.
T 6 N, R <a E Grit to*~-
den COUtay 10,000 July- 1':', 19b(
and~or a.n~,; additional Z:oi nts of delivery mutually agreed
u]x~tt ri.ntl ;s~,~,~~ i f'_i art i u ~t.n : ur~~~rtdm~,nt= t.~, i i-i i ,. .~_~ •t^~~c~meni. ,t_nd
City ,,,~ Ll. L 1>>°ov Ld~_: Utltai,cv,~ r c~dd_.t. i ot~~.~. to .i t~i~, ~-lc~ct,r i c d i ~,~,-
tribution :,~,-stem vahich may be required to effect:it%ely accept
and ut._il izc, the iel ~ erect electric. power 0n<t 0ne~°E;y. n
:~1'`9
Th:L; Am<~ri~.+~n~ r.i: ,Y<<~11. b~ :~c,nt~; ~~i'Cnc1.ivc ors i,h~: i.~.tc
service is initiate: at the above:-described third point of
delivery, or tl~e data OfT which the. Amendment is permitted to
become effective. by re~ulatort- aiathorities klat-iu5 jur.i_sdici;iorl,
whichever is later,
Except; •ar Li~_rcir~ n~~ndcn~, a l i,rrm: an~1 t~T~ov i ; i or,o ~,C laif> L~
,i
Service Agreement doted February 2, 1~+h7, shall romain in fii11 ;~
iI
force and effect. „~ ;~
ii
This Amendment to Sr i°~%:ice AE;rot.mr ilt c Ye~lTted b~T <~ild between - !~
,.~
the City of West: )•lemphis, Arltia ,,;~i; by ii s M:~;, or acid C.t,y Clt~rl~ ~,~
and the ArkansasPower & Light Company b5- it,, Vice President and
A ,s istai^~t S~ ~r~:2ry on t}T~ 20th day of Ju~__, 19~ j . f
CITY OF WEST PHIS, ARKAI\ISAS
Y..~~,, ,,- ~~
Mayor
ATTE~ '"?
~ .~_
City Cle,r.6c
ARKANSAS POWER & LIGHT COMFANY
t~ By: ~ric~ 'r~ ..dent
I
ATTEST:
A>sistn.nt; „_ _ r~:t~~ry
I
Sect_lon Tl_i~~ P7~ayor an~i City Cl.rlc of ili~~ i.iS,,~. ui'
~- __
West Mamphi~ u~~_~ hereb} auih.~~~i~rd, dr,~ct~ed ant ;yui;owerecl t.o
c~t~~ctti~.c t,hr, I,~T~~,r~~,iu~° Am~~ndi~i~~iit~ icy S~~rvir~~~ Ar;~~r~_~ni~~ni;-~~ril~h
4
r, r ~ r ~.;,~~. for and on behalf' oi' the C:it~-
{~ Arkansas Po~~e_ £~ Light Co it <
~~ of West Memphis. Arbails~s. « :~kt forth in Section 1 he.r~,oP, a.nd
the Ma ;Tor. Cl.nrl_. T~ ~a,~lu~c:° ~: i ~f.he~° oft cr~r~, of the City ar.~>
~i
it hereb~T aUthO_'i Z"13 alld ~li~ .'~"'i:-OC'1 t0 tape. 51.101'1 Ot,lzt:`r ~iCt10TiS 3S
~'
i
~ they deem ne~'~sar~- to fi~~~~uai.e and carrtiT out maid. Agreemen..
Section 3. All oi~:n<~_r,e; oT hurts of ~~rd_in:lnccs in
i
II
~ conflict herevr.ith <re ht,reb roue aloe.
~~ Section 4, It~~ 11rr~.^ h ~_~~ fo,n~d, -uia it i.., h~,,~,~.hy dec]_~.red.
i
I by the C1t.;I C~~t.a~,_ci1 ~~f t;l~~, ~"Ltd.. r~(' GI~~:;i M~-~i~li~lli,'. 11~:Jc'~.it:~;~,;, i;htzl.
i~
i~ it is r'iece~s~r1~~ i_~.i o-rdor to r operl,,r of orate tho i~anici~al elec-
,i
~, uric system ant rrovide ~dedu~~~.t erg-i,,~:, t~, t.l:~~ ulhab i_t2ni;s an~_t
I
businesses i ? West 1*7'ntphi:; ih~i ~_~ third t~oint of ~i ~Lt~~nr>> of
electric p;,ccer ~~, ~ ,~~.e~ ~.;~~ fro;n A.rL~ii,.sa: Pr,c~~~r & LiE.;ht Com~~azi;
be establi.sh~:d. ,u~~d thsit. it; :, mn„~,ativ^, in the into-r~°~~1~: of t;he
~ C itq and it: ~~ ii: ~ar:, . i:i~i•~i; t h ~ r~c b~~ iii, l~~l; .'v i n ~ ~ t ~~:~• i ~_; inf,o
~~ the Amenclnr~~.~ o tti' S~r~.-1c. ~=='o,.~nent, herciTUibo~~F~ s~°t. forth.
Therefore. ~n r,m r~~.~nc~T i_s ~l~c ~.r~d to f~l_i5t, and i;hi5 o1:~din~incc
Execpl; uc }i..rc:.ii~ irm_~ Zrled, ~~.~Ll i.crm:, ~zn~i tu~t,~ i n_i or~r; r>C Y.pic
Service Agreement d~aed February 2, ~I_yC j , :;)bill remain in full
force and effect.
This Amendment to Ser°~, ice A~reemerrt, eY~;~cutcd by and b<~f;we~~n -
the City- pf Wpst: Memp)~1is, Ark~~~sas b,y- ii s Ma;, or~tind C_i_ty Clerk
and the Arkai~isas Power & Light Company ~;,- it,,. Vice President and
Assistant Serrnt~3.ry- on f~hc 20th day of July l<di~~°
(.
CITY OF WEST ~'MPHIS, ARKANSAS
F'y:~t~"~C~C i ~.~'~~.
. o Mayor __
ATTE~!~ --~
City Clerk
ATTES'T'
ARKANSAS POI^1ER & LIGHT CONgpANY
Bv•
Vlc~~ i,rca~~ir~tt;
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S~_t, ~_on The P1~ypr ~lnri City Clerk ~::C ,h~, ~"._i,;; ~~C
it __-
Wcst Mpmphi~~ ;arc hE~rcb,y «~,tli ~ri_~c~i~, d:ir~~ct~~~,i
anil cm,~,otivered tp
~; :~~~~ctitr i.1i~~ I ~r~~,r~ i ii~~_ Am~~~i~hu~~ut. i c~ ,`_;~~l~v i ~~~~ Ai•rr,~~m~nt, t^t i iai
- _ . .._
~~
~i rt
;',
Arkansas Po~~~ez^ & L~ ht Cpmpt~ny t or and on behalf of t;he C,it~,-
of West Memphi>, Arkansas. s; ,.t fort}I in Sect io~i 1 h~:~,rcpf, a.nd
t;he M~iyor, t'lerl-. Ti t?asur«,; .~:~ i_ :~t.her off ic~~r;> of the ("ity a.rc
hereby autho> ~ se~d. aad dig . ct~~d to tape such other act ions as
they deem rep: -nary to ~ffect.u;~.te and carr~r put said Agreement.
SeCtlpn ~. All Ord1Il~lIt~'C5; OI' ~~al°t5 O:E' prd Ln[li1CC~;", lll
conflict, here,•.T~th are h~~rph,; ~apcaled.
Se-•tion 4, Tt has h ~n f~~und, an:I _it it, he~~~~b,y declarr>d,
by tho ('it;~r C~ ur,cll ~,l' ;.}i~~ Cif-;~ of W~~;;1 M~-~u~,r~lri_,'~, 11 1~;~.ii:.;~t:, i;}u_it
it is nece~,sar~~,r in prder fie _~~~pt~rly pperaf ~::~ thy, mn~l:ici~al r lec-
crie sysf-em and ~rpi~ide ^d?.gt~ itp z3c ~~~~ . ~~~.~ tc. t.h~:, inhah i_far.i;s and
busines>es L ~ ,lest i~Iomphi_,~• 1 ]l,~i ~~ th.i_rd ~~~~ nf; ,, I' ~a, 1 vrry pt'
electric ;~ntv~ r _.,o ~,r,y Frorl Arkti:.~~as P~,.,r ~, L_i~,ht, Co~n~~u.
bF e~tablisricd. :+r~d ~ ~ i ~ i i t}i
.~ . ;.ha~, Zt _L. imp ~r;~~ti1~°, i_n +hr~ ~r~ ,..~n~, o,f ~F,
,1 y anct it:, ~. ~ ~ ~r;, ;,. h ~ r~•r> I~ lp ~~~ ~~, t ~ ,~
C. ~ ~1 i r 1 1 i i i lilt
__ ~~
the Amen~lmera ~,o ti,~_~ Ser,~ie 9;rc~~meni- Yir:1F_~in<:bozre suet forth.
Therefpr~~, ai, ,,,.1~,.Y .~,,,, i, d,~~~l-:r~F~d ;o .°~ist, ;lr1;j 111i pr:Linc~r~cc,
bc.:Ln~' ICE ~ ,," 1l'~T 1.:`r the 1- ~ e:•~'1 dai~ 1071 lll~t ;.idVCl~l:.i_`Illi`Iit- 0~.~ thE'.
g~eace, health ~n~_I - fet;~, ;hall take ef£'~>ct ~Li1d be in full force
~1 ('(', •t. (' ~ i'i ~~ it-,. .• t~., r. f' ii ~.~,p ~~i.l.. ,_
Alderman Weia requested permission to be excused from the meeting.
Alderman Smith brought to the Conncil~e attention the traffic control lights at Barton
and Missouri Streets. Engineer Charles Hampton stated the green arrows had been removed, and
that it x111 coat approximately $2,000.00 to get a new timing device for the light controls
that xould be approved by the Highway Department.
Alderman Leggett requested consideration be given placing a atop light at N. Missouri
and Dover Road instead of the blinker light. Mr. Hampton stated refusal of the Highway Dept.
to approvt a atop light at this intersection was the reason the blinker light had been installed.
City Attorney Dil].ahunty informed the Council in conferring with Mr. Sidney Zeid of the
firm of Albert Sr~ritzer & Associates as to matters applicable to obtaining a grant for the
sewage treatment works he had noticed the City would be entitled to a 10~ increase due to the
City being a member of the Mica-Ark-Tenn Council of (iovernmenta; therefore, the following
resolutio~u were being presented for. consideration of the Council:
RESOLUTION N0. 371
WHEREAS, it is contemplated that the Citg,of Weat Memphis, Arkansas, will construct
certain sewage transmission and treatment facilities with an estimated total cost of
$2,818,000,00; and
WHEREAS, it is found that the City of Weat Memphis, Arkansas, is unable to provide the
total coat of ouch improvements; and
WHEREAS, it is deemed necessary and proper to apply for Federal grant under the Federal
Water Pollution Control Act, Public Law 660, as amended, in order to have sufficient funds to
complete these much needed improvements;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, that
Bob Eden, Mayor of the City of West Memphis, Arkansas, be and he is hereby authorized and
directed to make application, in the name of the City of Weat Memphis, Arkansas, for a
Federal grant under Public Law 660, se amended; to be applied to the coat of the construction
of said sewage facilities. The City of Weat Memphis, Arkansas, hereby agrees that i.f a
Federal grant for the project is made pursuant to the Federal Water Pollution Control Act, the
City will pay the remaining costa of the approved project.
e~#~
After discussion, motion was made by Alderman Matthews: That the Resolution be adopted as
presented. The motion was seconded by Alderman Haley. Upon vote, the w ting was as Yolloxa:
Aye: Aldermen: Smith, Haley, Horton, Leggett, and Matthews.
Nay: None.
T1w following Reaoluti~n was also presented:
RESOLUTI01f N0. 37.5
WHEREAS, the Cit7 of nest Memphis, Arkansas, desires to c®natruct sewage treatment werka
aid Propose 'to tils an application through the Arkansas Pollution Control Commission to the
Federal Water Po73ntion Control Administration for federal grant under Public Iatr 660 of the
8k~tk Congress, as aided.
11t14T, TI~EF'ORE, BE IT RESOLVED BY THE CITY COt1NCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS,
AS PbLLOWS:
1. That the City of West Memphis, Arkansas x111 provide proper and efficient operation
and e~sintenance of the project after its completion.
2. That the estimated coat for operation and maintenance is approximately $51,000.00
per annum, said estimate being based on the following schedule:
Labor coat per year - $25,200.00
Maintenance
(Repair, replacement, paditing,
etc.) cost per year - 5,000.00
Operation
(Power costa, supplies, etc.) coat per year - $20,800.00
3. That the City x111 employ qualified personnel in accordance with the recommendations
or requirements of the Pollution Control Commission to operate the sewage treatment plant.
~~
Motion was made by Alderman Leggett: That the Resolution be adopted as presented. The motion
xas seconded by Alderman Rodgers. Upon vote, the voting was as follows:
Aye: Aldermen: Smith, Haley, Horton, Leggett, and Matthews.
Nay: None.
No further business being presented, the meeting xas adjourned.
/..