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January 18, 1968~:~; AfINUTES OF COUNCIL MEETING OF THE COUNCIL OF THE CITY OF F1EST M'rT~1PHIS, ARKANSAS, HAD AND HELD ON JANUARY 18, 1968 The City Council of the City of lydest A4em~his, Arkansas, met in regular session at its regular meeting place in 'rdest A°emnhis, Arkansas, at 3:00 o'clock P.A'. on the 18th day of January, 1968. The following were present: Mayor Bob Eden, presiding, and Aldermen: Paul Matthews, C, T. Rodgers, R. L. Smith, F. C. Weis, 0. I. Bollinger, 0. C. Haley, Pritchard Horton, and Kirby Leggett; and City Attorney •T. H. Dillahunty. Absent: None. The following proceedings were had to-wit: Minutes of Council:~A`eeting on December„Z1, 1967, were appro=red as read. Alderman Smith informed the Council the ladies present are members of a civic group The !Jest Memphis Baton Booster Alliance, whose sole purpdse is to promote baton twirling practice, and were requesting clarification and interpretion of rules involving use of the Eugene Woods Civic Center. The .group had been using the Civic Center, but have now been denied use. In order to hear both sides of the controversy, Mr. Hill was called, and the eiatter held in abeyance until. his appearance. A":ayor Eden informed the Ce~mcil he had met with the Park Commission and in order to have a smooth and progressive operation of the parks, an ordinance had been prepar©d for the Council's consideration providing that the superintendent be selected by the Park Commission. Thereupon, the ordinance entitled "An Ordinance To Amend Ordinance No, c19; Declaring An Emergency And For Other Purposes'' was introduced by Alderman '~eis, and City Attorney Di17_ahunty read the ordinance in full. Alderman Matthews, seconded by Alderman Rodgers, 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 A?ayor nut the question on the adoption of the motion and the roll being caller,, the following voted: Aye: Aldermen: Matthews, Rodgers, Smith, Jeis, Bollinger, Haley, Horton, and Leggett. No : Alone . Thereupon the A;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 by the City Attorney, Alderman Horton; seconded by Alderman Bollinger 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 A°ayor put the question on the adoption of the motion and the roll being called the following voted: Aye: Aldermen' Matthews, Rodgers, Smith, '.Deis, Bollinger, Haley, Horton, and Leggett. No: None. The Alayor 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 by the. City ~ittox•ney. Alderman Haley, seconded by ~ilderman omith, moved that the ordinance be adopted. The question was put by the Aiavor cn the adoption of the motion and the roll. being called, the following voted: Aye: Aldermen: Matthews, Rodgers, Smith, Geis, Bollinger, Haley, Horton, and Leggett. No: None. Alderman Leggett, seconded by Alderman ddeis, moved that Section 3, the emergency clause be adopted, and on roll call the following toted: Aye: Aldermen: Matthews, Rodgers, Smith, ,~deis, Bollinger, Haley, Morton, and Leggett. No: Alone. The Alayor 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. X51.. The ordinance read as follows: ORDIN~INCE N0. 55l AN ORDINANCE TO At:END ORDII:ANCE 210. 519: DECLARING AN I3~;ERGENCY AND FOR OTHFTi PURF05ES BE IT ORDAINED BY THE CITY COUNCIL OF 57EST MEMPHIS, ARKANSAS: SECTION 1: Section 3 of Ordinance Ne. 519 is amended to read as follows: The members of the ?ark Commission shall be appointed for terms of one, two, three, four and five years; provided, hrwever, the members arpointed thereafter shal.'_ be appointed for a period of five rears by the T'?avor with the consent of a majority vote cf the City Council. The Park Commission shall select a person to be superintendent of the narks within the city and such superintendent sha17. receive such compensation as shall be a*~proved by a majority note cf the Park Commission. SECTIOII 2: All. other provisions of Ordinance PIo. 519 sha]_1 remain in full force and effect excer,t as herein specifically amended. SF;CTION 3: EMERGENCY CL~IUSE. It is hereby foturd and declared by the City Council that this Ordinance is immediately needed for the pro-~er functioning of the Park CorrBnission; therefore, an emergency is declared to exist and this Ordinance being necessary for the preservation of the public peace, health, and safety, shall take effect and be in full force from end after the date cf its passage and; approval as required by law: Alderman Smith requested a copy of the letter from the nark Commission to the I:ayor and Aldermen. 2-"r. l?. C. Hill, custodian of the Eugene ~^loods Civic Center, appeared and stated the lades brought many small children beside the children practicing and did not have anyone in charge. Also, IdanczrP;itchell., the babn instructor, had a Baton Contest at the Civic Center and charged admission cf 25¢ and an entrance fee of ;5.00 for each ccntest.ant. The Ladies stated they had nn thing to do with the Contest, that the lessons are given at another locat,icn. 1"?r. Hill stated he has many requests for use of the civic center, and unless is a civic organization a fee is charged. After discussion, it was cencensus of opinion as a civic organization the group be permitted to practice at the Civic Center provided Nir. Hill is notified cf the lady designated to be in charge for pruner supervision of the children. I~`ayor Eden brought to the Council's attention the raise discussed at the Budget Meeting for the Deputy City Attorney, Alderman Leggett introduced the ordinance entitled "An Ordinance To Repeal Ordinance Ne. 517 And Amend Ordinance 21c. 4~7 Entitler' "An Ordinance To Establish The Compensation For A Deputy City Attorney Of ~r.'est Memphis Fursuant To Act No. 9 Of The .acts Of The General Assembly Of 1957; Declaring An Emergency Snd For Other purposes'', Passed And Approved On The 2nd Day of January, 1964, And Declaring An Emergency", and the City Attorney read the ordinance in full. Alderman Smith, seconded by Alderman Hale3~, mo~~ed that the rule requiring the reading of an ordinance in full on three different days be suspended and that the crdirance be placed on it,s second reading. The P`ayor put the question on the adoption of the motion and the rol7_ being called, the following voted: Aye: Aldermen: P'Iatthews, Rodgers, Smith, ,Deis, Bollinger, Haley, Horton, and Leggett. Nc: None. Thereupon the Mayor declared that at .least two-thirds of all members cf the Council having voted in fa•aor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read by the City Attorney. Alderman Bollinger, 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 it,s third reading. The I•"ayor put the question on the adoption cf the motion and the roll being called the_following voted: Aye: Aldermen: I~?atthews, Rodgers, Smith, :•teis, Bollinger, Haley, Horton, and Leggett. No: None. The t-ayor declared that at ].east two-thirds. of al.l members elected to the Council ha•.*ing voted in favor of the motion to suspend the rule, the motion was carried and the rule susr~ended. The ordinance was then read by Alderman Rodgers. Alderman I•"atthews, seconded by Alderman ~]eis, mewed 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: Matthews, Rodgers, Smith, ':eis, Bollinger, Haley, Horton, and Leggett. No: Acne: Alderman I:eggett, seconded by alderman Smith, moved that Section 5, the emergencyy clause be adopted, and on roll call the following voted: Aye: 9ldermen: I~iatthews, Rodgers, Smith, Weis, Bollinger, Haley, Horton, and I_Pggett. ide : None . The I'ayor 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. 552. The ordinance read as follows: _ _ ____ ORDINANCE N0. 552 AN ORDINANCE TO REPEAL ORDINANCE IJO. 517 AND AMEND ORDINANCE N0. !{a7 F~NTITLED "AN ORDINANCE TO ESTABLISH `f HE COP-i?ENSATION FOR A DEPUTY CITY ATTORNEY OF i,TEST h:EMPHIS PURSUANT TO ACT N0. 9 OF THE ACTS OF THE GENERAL ASSEfr.BLY OF 1957; DECLARING AN F~'PERGENCY AND FOR OTHER PURPOSES", PASSED AND APPROVED ON THE 2ND DAY OF JANUe1RY, 1961, AND DECLARING AN EMERGENCY. BL' IT ORDAIPIED by the City Council of the City of jdest I~?emphis, Arkansas: Section l: Ordinance No. 517, adopted on the 19th day of January, 1967, is hereby repealed. Secticn 2: Secticn 1 cf Ordinance P1o. 1aa7 is hereby amended to read as follows: The compensation or salary to be raid to one (1) de~~uty city attorney shall be Three Hundred and No~l00th ($300.00) Dollars monthly, - Section 3: All provisions contained in°brdinance No. l.~117, unless amended herein, shall remain in ful]_ force and effect, Section !:: All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 5: EME'3GENCY CT~IUSE. It being determined that this Ordinance is necessary for said compensation to be included in the budget for 1968, 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. As requested on December 21, 1968, City Attorney Dillahunty presented an ordinance increasing the garbage fees. Complaints as to increasing the fees, operation of the department, curtailment of service, labor and equipment expense, miscalculations of expenses when fees increased previously were discussed. An ordinance entitled "An Ordinance Repealing Ordinance Nc. 1a35, Ordinance No. a72 And Ordinance No. 513 And Amending Ordinance No. 180, Providing For The Collection Of Garbage, eJaste, Trash And Refuse In The City Of West Memphis; Providing For Inspection Of Premises, Fixing A Schedule Of Fees For Said Service And Providing A Penalty For The Violation Thereof" was introduced by Alderman iJeis, and read in full by City Attorney Dillahunty. A]derman Miatthews, seconded by Alderman Rodgers, moved that the rule requiring the reading of an ordinance in fu]_1 on three different days be suspended and that the ordinance be placed on its second reading. The Mayor nut the question on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Matthews, Smith, :leis, Bollinger, Haley, Horton, and Leggett. No: Alderman: Rodgers. Thereupon the P~aycr declared that at least two-thirds cf 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 the City Attorney. Alderman Horton, seconded by Alderman Bollinger then moved that the rule requiring the reading of an ordinance in full cn three different days be further suspended and that the ordinance be placed on its third reading. The Mayor nut the question on the adoption of the motion and the roll being called the following voted: Aye: Aldermen: Matthews, Smith, ?rleis, Bollinger, Haley, Horton, and Leggett. No: Alderman: Rodgers. The Mayor declared that at least two-thirds of all members elected to the Council having •aoted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read by A)derman Haley. Alderman Smith, seconded by Alderman Leggett, mo-:-ed that the ordinance be adopted. The question was put by the t;ayor on the adoption of the motion and the roll being called, the follod¢ng voted: Aye: Aldermen: Matthews, Smith, 4deis, Hollinger, Ha].ey, Horton, and Leggett. No: Alderman: Rodgers. Alderman ]leis, seconded by Alderman Matthews, moved that Section 5, the emergency clause be adopted, and on roll call the following •roted: Aye: Aldermen: hatthews, Smith, '~-is, Bollinger, Haley, Horton, and Leggett. No: Alderman: Rodgers. 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, 553. The ordinance read as follows: X68 ORDINANCE N0. 553 AN ORDINANCE REPEALING ORDINANCE N0. 435, ORDINANCE N0. 472 AND ORDINANCE N0. 513 AND AMENDING ORDINANCE N0. 180, PROVIDING FOR THE COLLECTION OF GARBAGE, WASTE, TRASH AND REFUSE, IN THE CITY OF 4dEST NEh'.FHISs PROVIDING FOR INSPECTION OF PREMISES, FIXING A SCHEDULE OF FEES Ff3R SAID SERVICE AND PROVIDING A PENALTY FOR THE VIOLATION THEREOF. BE IT ORDAINED BY THE CITY COUNCIL OF THE CIT'F OF WEST r"F3~`PHIS, ARKANSAS: Section 1: That Ordinance No. 435 be and the same is hereby revealed. Section 2: That Ordinance No. 472, which Orci3~nance amended Ordinance No. 435, be, and the same is hereby revealed. Section 3: That Ordinance No. 513, which Ordinance amended Ordinance No. 472, be, and the same is hereby repealed. Section 4: That Section 12 of Ordinance No. 180 --- CLASSIFICATIONS --- be amended to read as follows: ESTABLISHMENT Each house or apartment occupied by one-family unit Office buildings shall pay for each separate suite of rooms, or room, ih said building or classified in schedule below Each building, house or part of buildings occupied by a commercial business shall be classified by the Garbage Department according to volume and weight of garbage accumulated by such business and/or the handling costs, .and there shall be levied and collected the following fees: *2ANUFACTURING, FABRICATIDIG & PROCESSING CLASS A CLASS B CLASS C CLASS D CLASS E CLASS ~' CLASS G CLASS H GLASS z MONTHLY FEE 2.25 2.50 30.00 26.50 21.50 16.50 13.50 11.50 9.50 7..50 5.50 3.So Section 5: All. ordinances or parts of ordinances in conflict herewith are hereby repealed and/or amended as herein set forth and all other provisions contained in Ordinance No. 180, unless repealed or amended, shall remain in full force and effect. Section 6: The operating expense of the garbage collection and trash collection has resulted in the necessity for increased charges for such services. An emergency isiherefore declared and this ordinance being necessary for the preservation of the public peace, health and safety, shall be in full force and effect from anr' after its passage, aprroval_ and publication as required by law. ~yy •• Riayor Eden informed the Council there is a serious record stcrage problem, and recommended storage facilities be constructed between the Municipal Court Building and the Jail. The Mayor stated due to being a small job, it would not be advantageous for the City to advertise for bids as he had recei~.*ed a price of :;2547.C0 without wiring from Bill Manning. After discussion, motion was made by Alderman Matthews: That bid requirements be waived and Bill Manning be authorized to construct storage area in amount of ?,12547.00. The voting was as follows: Aye: Aldermen: Matthews, Rodgers, Smith, Weis, Bollinger, Haley, Horton, and Leggett. No: done. The P?ayor reported on the condition of the wiring at the Gity Hall, and stated the situation may be corrected for approximately x700 or %800.00. Mayor ,den was authorized to have necessary electric work performed. The Budget for 1968 was presented. After discussion of amounts to be paid to members of the Board of Adjustment, motion was made by Alderman Hortcn: That the Budget be adopted. The motion was seconded by Alderman Leggett, U^on vote, the voting was as foll.oi:•s: Aye: Aldermen: Matthews, Rodgers, Smith, ~Jeis, Bollinger, Haley, Hcrton, and Leggett„ No: None. f ~'. City Attorney Dillahunty reiterated information regulating and licensing taxicabs that he had sent the Aldermen. After discussion of meters, rates, driver's certificates, and periodic inspections motion was made by .Alderman t'atthews, seconded by Alderman laeis: That copy of Ordinance D'o. ltl~9 and a letter advising the proposed taxicab fares will. be presented at the next Council meeting be. sent to all licensed taxicab companies. Upon vote, the voting was as follows: :iye: Aldermen: r'.atthews, Rodgers, Smith, tideis, Bollinger, Haley, Horton, and Leggett. No: None. .. Alderman Smith informed the Council of his correspondence with the Economic Development Administration of the U. S. Department of Commerce with reference to port facilities for ':^iest P•'.emahis. Alderman Smith requested the City and Chamber of Commerce open negotations for a feasibility study of port facilities. Mayor Eder. related efforts of the City to hold the matter in abeyance since receiving a Grant from the Government and a retort in 19~F that a Wort would not be economicall~r feasible. The bonding obligations of the City were discussed, and the T4ayor stated several bond issues wi7..l be retired about 1975• Alderman N'atthews was excused from the meeting. Alderman Rodgers requested information on extension of Thomason Street to Ingram Blvd. The 2!ayor and City Attorney informed the Council of efforts to obtain easements, and the fantastic cost of condemning the property. Alderman Horton inquired about the construction of the water tank in the eastern section f the City, and was given a progress report. Alderman Leggett stated he had received many complaints due to there being no traffic control light at I°.issouri and Lover Roads, and requested the Arkansas Highway Department be contacted as to another surve~r. No further business being presented, the meeting was adjourned. ~ MAYOR ATTEST~;s~-~~~~ ~ ~ CITY R,K A°PROVED: FEBR?TnRY 1, 19F8