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July 2, 1968332 MINUTES OF MEETING OF THE COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HAD AND HELD ON ' JULY 2, 1968. - ---- The City Council of the City of West Memphis, Arkansas met in regular session at its regular meeting place in West Memphis, Arkansas at 3:00 o'clock p.m., on the 2nd day of July, 1968. The following were present: Mayor Bob Eden; City Clerk Charles F. DeGraff, City Attorney R. E. Wallin; and Aldermen Pritchard Horton, Kirby Leggett, Paul Matthews, C. T. Rodgers, R. L. Smith, F. C. Weis, and 0. C. Haley. Absent: None. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Meeting on June 20,~T968, were approved as read. Recommendation of the Planning Commission for rezoning a tract of land in the NE4 of the SW4 of Section 1, Township 6 North, Range 8 East for apartments was presented. Attorney Ralph Sloan on behalf of the owner, Guaranty Loan and Real Estate Company informed the Council 71 apartment units would be constructed west of the Belvedere apartments, and sufficient parking area would be provided. The proposed ordinance for rezoning was considered, and upon request of Attorney Sloan that the emergency clause be adopted, the matter was held in abeyance until the clause could be included in the ordinance. The Mayor stated that consideration should be given to an ordinance amending Ordinance No. 563 of the City adopted and approved June 6, 1968. This was a matter with which the Council was familiar and after a discussion, Alderman Smith introduced an ordinance entitled: "An Ordinance Amending Ordinance No. 563 Of The Ordinances Of The City Of West Memphis, Arkansas Adopted And Approved June 6, 1968; And Declaring An Emergency" and City Attorney Wallin read the ordinance in full. Alderman Leggett, seconded by Alderman Haley, moved that the rule requiring the reading of an ordinance or resolution 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: Horton, Leggett, Matthews, Rodgers, Smith, Weis, and Haley; and the following voted 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 the City Attorney. Alderman Weis, 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 the the ordinance be placed cn its third reading. The Mayor put the question on the adoption of the motion and the roll being called the following voted aye: Aldermen: Horton, Leggett, Matthews, Rodgers, Smith, Weis, and Haley; and the following voted 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 ~}~en read by the City Attorney. Alderman Matthews, seconded by Alderman Rodgers, 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: Horton, Leggett, Matthews, Rodgers, Smith, Weis, and Haley; and the following voted nay: None. Alderman Smith, seconded by Alderman Leggett, moved that Section 4, the emergency clause, be adopted, and on roll call the following voted aye: Aldermen: Horton, Leggett, Matthews, Rodgers, Smith, Weis, and Haley; and the following voted 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. 564• The ordinance read as follows: ORDINANCE N0. 561 AN ORDINANCE AMENDING ORDINANCE N0. 563 OF THE ORDINANCES OF THE CITY OF WEST MEMPHIS, ARKANSAS ADOPTED AND APPROVED JUNE 6, 1968; AND DECLARING AN EMERGENCY. BE IT ORP,AINED BY the City Council of the City of West Memphis, Arkansas: Section 1. That Section 11 of Ordinance No. 563, adopted and approved June 6, 1968, is hereby amended by adding a new sentence at the end reading as follows: "The reference in the bond form in Section 6 hereof, and in the face of the bonds, to the '1968 Public Utility Bond Fund' is hereby declared to mean the Public Utility Bond Fund referred to above which was created and is now being maintained pursuant to the provisions of Section 13 of Ordinance No. 526". Section 2. (a) The first sentencef of sub-section (2) of Section 12 of Ordinance No. 563 is hereby amended to read as follows: "The Trustee shall deposit the remainder of the total sale proceeds in a special account in the name of the City designated '1968 Public utility Construction Fund' ('Construction Fund') with a depository designated by the City and holding membership in the Federal Deposit Insurance Corporation." (b) The last sentence of Section 12 of Ordinance No. 563 is hereby amended to read as follows: "A copy of the certificate shall be filed with the depository of the Construction Fund, and upon receipt thereof the depository o£ the Construction Fund shall transfer any remaining balance in the Construction Fund to the Bond Fund". Section 3. Ordinance No. 563, as amended hereby, shall continue in full force and effect. Section L~. That it is hereby ascertained and delcared that the improvements authorized by Ordinance No. 563 must be accomplished as soon as possible in order to make the System adequate for the needs of the City and its inhabitants, without which the life, health, safety and welfare thereof are jeopardized, and that the issuance of the bonds and the taking of the other action authorized by this Ordinance is necessary for the accomploishment thereof. It is, therefore, declared that an emergency exists and this Ordinance being necessary for the immediate preservation of the public peace, health and safety shall take effect and be in force from and after its passage. #SF##-1F;tii-iHE Mayor Eden informed the Council the bide for the office building for the West Memphis Utility Commission had been received, and some of the furnishings and a portion of the parking area had been deleted in order to be within funds available, and any funds not used are to be deposited in the fund as specified in the ordinance. The following resolution from the Utility Commission was Presented: WHEREAS, the West Memphis Utility Commission, at a special meeting held on the 27th day of June, 1968, at 2:30 o'clock P.M. at the offices of the West Memphis Chamber of Commerce, received bids for the proposed construction of a new office building for the West Memphis Utility Commission in the City of West Memphis, Arkansas, after publication of due notice as required by law, and WHEREAS, the low bid received for the general construction contract as specified in Base Bid No. 1, was submitted by James H. Taylor & Son Construction Company, in the amount of $271,068.00, and WHEREAS, the low bid received for the mechanical work as specified in Base Bid No. 2 was submitted by W. N. McCoy Mechanical Contractor, Inc. in the amount of $63,170.00, and WHEREAS, the low bid received for electrical work as specified in Base Bid No. 3 was submitted by Finley Electric Company in the amount of $58,587.00, and WHEREAS, the West Memphis Utility Commission, after due deliberation and consideration, has determined that such bids are proper and in the beat interest of the Weat Memphis Utility Gommiasion and the citizens of West Memphis, and WHEREAS, the members of the West Memphis Utility Commission recommend to the City Council of the City of West Memphis, Arkansas, that the West Memphis Utility Commission, acting through its chairman and secretary, be authorized to enter into contractual agreement and execute same with those companies hereinbefore set out and in such amount as heretofcre specifically itemized, and that the chairman and secretary of the West Memphis Utility Commission be directed to execute said contracts. NOW, THEREFORE, BE IT RESOLVED by the West Memphis Utility Commission that the City Council of the City of West Memphis, Arkansas, be requested to authorize and direct the chairman and secretary of the West Memphis Utility Commission to execute the contracts submitted by James H. Taylor & Son Construction Company in the amount of $271,068.00; W. N. McCoy Mechanical Contractor, Inc. in the amount of $63,170.00; and Finley Electric Company in the amount of $58,587.00, as more fully set out in said proposal. Adopted this 1st day of July, 1968. WEST MEMPHIS UTILITY COMP4ISSION BY: ~S/ P. G. PARR, CHAIRMAN ATTEST: /S! WM. H. HUNDHAUSEN, Secretary i I After discussion, motion was made by Alderman Leggett, seconded by Alderman Matthews ~, that the following Resolution be adopted as presented: ~I RESOLUTION NO. 335 WHEREAS, the West Memphis Utility Commission received bids on the 27th day of June, 1968, at 2:30 o'clock P.M., for the proposed construction of a new office building facility for the West Memphis Utility Commission, and WHEREAS, the low bid submitted for the general contract for construction, was submitted by James H. Taylor & Son Construction Company 1n the amount of $271,068.00, and WHEREAS, the low bid for mechanical work on said structure was submitted by W. N. McCoy Mechanical Contractor, Inc., in the amount of $63,170.00, and WHEREAS, the low bid for electrical woak on said structure was submitted by Finley Electric Company in the amount of $58,587.00, and WHEREAS, after due consideration and deliberation, the West Memphis Utility Commission has recommended that said bids as aforementioned be accepted by the City Council of the City of West Memphis. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Memphis, Arkansas, that after deliberation and consideration of the recommendations of the West Memphis Utility Commission, the bids aforementioned are hereby accepted and the chairman and secretary of the West Memphis Utility Commission be and the same are hereby authorized and directed to enter into contracts with James H. Taylor & Son Construction Company in the amount of $271,068.00' with W. N. McCoy Mechanical Contractor, Inc. in the amount of $63,170.00; and with Finley Electric Company in the amount of $58,587.00, and the chairman and secretary of the West Memphis Utility Commission are hereby authorized and directed to execute said contracts for and on behalf of the West Memphis Utility Commission. Upon vote, the voting was as follows: Aye: Aldermen: Horton, Leggett, Matthews, Rodgers, Smith, Weis, and Haley. Nay: None. The ordinance with the emergency clause pertaining to the rezoning of property for Guaranty Loan and Real Estate Company was introduced by Alderman Rodgers, and City Attorney Wallin 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: Horton, Leggett, Matthews, Rodgers, Smith, Weis, and Haley. 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 the City Attorney. Alderman Weis, 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 geustion on the adoption of the motion and the roll being called the following voted: pye: Aldermen: Horton, Leggett, Matthews, Rodgers, Smith, Weis, and Haley. 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 by the City Attorney. Alderman Leggett, seconded by Alderman Smith, 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: Horton, Leggett, Matthews, Rodgers, Smith, Weis, and Haley. Nay: None. Alderman Rodgers, seconded by Alderman Matthews, moved that Section 3, the emergency clause, be adopted, and on roll call the following voted: Aye: Aldermen: Horton, Leggett, Matthews, Rodgers, Smith, Weis, and Haley. 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. 565. The ordinance read as follows: f ORDINANCE N0. 565 AN ORDINANCE TO REZONE A TRACT OF LAND IN THE NE4 OF THE SW4 OF SECTION 1 IN TOWNSHIP 6 NORTH, RANGE 8 EAST IN THE CITY OF WEST MEMPHIS, ARKANSAS. WHEREAS, Guaranty Loan and Real Estate Company has petitioned the Planning Commission of the City of West Memphis to rezone certain property hereinafter described; and WHEREAS, notice was duly published on June 10, 1968, as provided by law of a hearing to be held before the West Memphis City Planning Commission at 5:00 p.m. on June 26, 1968, for the purpose of hearing any interested panttes in connection with the rezoning of said lands; and WHEREAS, at said meeting on June 26, 1968, said petition was considered by the Planning Commission and no persons appearing to protest the same, the Planning Commission recommended to the City Council that said petitioh be granted: NOW THEREFORE, HE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS: SECTION 1: (a) That the following described property, to wit: That part of the NE4 SW4, Section 1, Township 6 North, Range 8 East described as follows: Commencing at the southeast corner of the NE4 SW4, run thence north 880 feet and thence west 540 feet to the point of beginning; thence west 210 feet, thence south 510 feet, thence east 365 feet to the southwest corner of the Calvary Eaptist Church property, thence north along the west line of said property, 300 feet, thence west 125 feet, thence north 210 feet to the point of beginning, be and the same is hereby rezoned RM-1, Multiple Family Residence District. SECTION II: That all ordinances or parts of ordinances in conflict herewith are hereby repealed.. SECTION III: EMERGENCY CLAUSE: It is found and declared by the City Council of the Gity of West Memphis that this ordinance is necessary for the growth and expansion of the City of West 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. ~ The office of Vice Mayor being vacant dup to death of Vice Mayor Bollinger, nomination of Paul Matthews as Vice Mayor was made by Alderman Weis seconded by Alderman Leggett. Upon vote, the votingg was as follows: Aye: Aldermen Horton, Legget~, Rodgers, Smith, Weis, Haley. No: None Playor Eden brought to the Councils attention the City has received a Grant Offer of M ~~$ws abstainecfi. approximately $58,000 from the Federal Aviation Authority for the extension of existing runway to 5,000 feet, and. inasmuch as the airport is an asset to citizens of Crittenden County he had discussed the matter with County Judge Beck that the county should participate in obtaining the matching funds for the grant. After discussion, motion was made by Alderman Smith, seconded by Alderman Haley:ai~#$~, the City Attorney be instructed to prepare resolution requesting matching funds for the/pro"~~ct from the Crittenden County quorum Court. Upon vote, the voting was as follows: Aye: Aldermen: Horton, Leggett, Matthews, Rodgers, Smith, Weis, and Haley. Nay: None. The Mayor informed the Council he had been contacted as to renaming Hospital Ba11 Field 0. I. Bollinger Field due to the efforts of Mr. Bollinger in securing property from Mr. Eugene Woods for the City, and in appreciation for Mr. Bollinger~s many years of service to the City. After discussion, motion was made by Alderman Rodgers, seconded by Alderman Matthews: That the City Attorney be instructed to prepare resolution designating the ballfield as 0. I. Bollinger Field and a resolution of commendation. Upon vote, the voting was as follows: Aye: Aldermen: Horton, Leggett, Matthews, Rodgers, Smith, Weis, and Haley. Nay: None. Alderman Smith requested information on the status of Urban Renewal Project, thereupon, Mayor Eden stated representatives of Donald S. Manes & Associates will be in [lest Memphis July 9th to contact the School Board, Utility Commission, and others in ascertaining credits available for the City. No further business being presented, the meeting was adjourned. ' ~ ~ // , ~/ //~ , "' ~~~..."' ,~. R ~_- CI Y R APPROVED: JULY 18, 1968