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November 14, 1968 MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS HELD ON THE 11TH DAY OF NOVEMBER, 1968. .__ .. _ ~ ~_ _ ~. _ _.~ _, ! On the 14th day of November at 3:00 o'clock p,m., the Council of the City of Weat Memphis, Arkansas met in Special Session. The meeting was called to order and on roll call the following ' j~ members of the body were present: Mayor Bob Eden, presiding, and Aldermen: Paul Matthexa, ''I C. T. Rodgers, R. L. Smith, F. C. W®is, H. R. Dabbs, 0. C. Haley, Pritchard Horton, and ~ , Kirby Leggett. ~~~ Absent: None. l Also present was City Attorney R. E. Wallin. ; ! The Mayor ordered that the following Waiver and Consent be spread upon the Minutes: WAIVER OF NOTICE OF AND CONSENT TO SPECIAL MEETING We, the undersigned, do hereby .accept notice of this Special meeting, waiving any and all irregularities in the service of notice and do hereby consent and agree that the Council of the City of Weat Memphis, Arkansas, shall meet at their regular meeting place at 3:00 o'clock p.m. on the 14th day of November, 1968, for the following purposes: Adopt two resolutions and two ordinances pertaining to the Police and Firemen's Pension Funds, and a resolution pertaining to application for preliminary loan .for low-rent public housing. To transact any other business that may come before the meeting. /S/ J. K. LEGGETT 0. C. HALEY.. ROBERT L. SMITH F. C. WEIS C. T. RODGERS H, R, DABBS PRITCHARD HORTON PAUL MATTHEWS There being a quorum present, the following business was transacted: Alderman Smith introduced an ordinance entitled: "An Ordinance Establishing The West Memphis, Arkansas, Policemen's Pension And Relief Fund And For Other Purposes", and the City Clerk read the ordinance in full. Alderman Leggett, seconded by Alderman Matthews, moved that the rule requiring the reading of an ordinance in full on three different days b® auapended and that the ordinance be placed on its second reading. The Mayor put the.queation on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Matthews, Rodgers, Smith, Weis, Dabba, Haley, Horton, and Leggett. No: None. Thereupon the Mayor de~~ared that at least two-thirds of all members of the Council having voted in favor of the motion to suspend the rul®, the motion was carried and the rule suspended. The ordinance was then read the second time by the City Clerk. Alderman Horton, secoraAd by Alderman Dabba 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 following voted: Aye: Aldermen: Matthews, Rodgers, Smith, Weis, Dabbs, Haley, Horton, and Leggett. No: None. The Mayor declared that at least txo-thirds of sll 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 Clerk. Alderman Rodgers, seconded by Alderman Weis, moved that the ordinance be adopted. The question was put by the Mayor on the adoption df the motion and the roll being called, the following voted: Aye: Aldermens Matthews, Rodgers, Smith, Weis, Dabbs, Haley, Horton, and Leggett. No: Non®. Alderman Smith, seconded by Alderman Leggett, moved that Section 24, the emergency clause be adopted, and on roll call the following voted: Aye: Aldermen: Matthews, Rodgers, Smith, Weia, Dabbs, Haley, Horton, and Leggett. 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. Z77. The ordinance read as follows: ~~ ORDINANCE NO. ~J 7 7 AN ORDINANCE ESTABLISHING THE WEST MEb1PHIS, ARKANSAS, POLICEMEN'S PENSION AND RELIEF FUND APdD FOR OTHER PURPOSES . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1. There is Hereby created and established the Policemen's Pension and Relief Fund of the City of West Memphis, Arkansas, under the provisions of Amendment 31 of the Constitution of the State of Arkansas, and the Arkansas Statutes enacted pursuant thereto. Section 2. Annually hereafter a tax of not to exceed one mill on the dollar on the assessed value of all the real and personal property within the City of West Memphis, Crittenden County, Arkansas, shall be levied by the City of west Memphis, Arkansas, for the West Memphis Policemen's Pension and Relief Fund. Such levy shall be made by the City Council of the City of West Memphis, Arkansas, on or before the time fixed by law for levying county taxes, and such City Council shall make out and certify to the county clerk, by resolution, the rate of taxation levied by the City of West Memphis on the real and personal property within such city. The amount so certified shall be placed upon the tax books by the County Clerk of Crittenden County and collected in the same manner that state and county taxes are collected, and shall be turned over to tine Board of Trustees of the Policemen's Pension and Relief Fund of the City of West Memphis, Arkansas. Section 3. The Board of Trustees of the Policemen's Pension and Relief Fund of West Memphis, Arkansas, shall consist of five (5) members and shall be composed of the Chairman of the police committee who shall be Chairman of the Board, the City ~~c~ Treasurer, who shall be the treasurer of said fund, a member of the Police Department who shall be elected by the members of the Police Department, who shall be secretary of the board and who shall serve for a period of two (2) years, or until his successor shall be elected and qualified. These three aforementioned mem- bers shall select the other two members of the board, one o£ which shall be a reputable physician, who shall represent the Board of Trustees in the examination of any member of the depart- ment upon a claim of disability. The fifth member of the board shall be a .reputable citizen and shall not hold any public office. Gach member of said board so selected shall serve for a period of two (2) years, or until his successor is elected and qualified. Section 4. On or before October 1st of each year, the Board of Trustees of the Policemen's Pension and Relief Fund of the City of West Memphis shall make out and certify to the City an estimate. of the amount of money necessary to pay retirement salaries and pensions to policemen, and pensions to the widows and minor children of deceased policemen, and widows and minor children of deceased retired policemen, for the following year, and the City shall make its levy against the real and personal pro- perty of the City of West Memphis, sufficient to raise and provide tkre sum of money estimated and certified by the Board of Trustees of the Policemen's Pension acid Relief Fund. However, the annual levy for t}~e pensions herein provided for shall not exceed one mill on the dollar of the assessed value of the real and personal pro- perty within the City of tivest Memphis, Arkansas. Section 5. The Board of Trustees shall have absolute control and management of the funds in said West Memphis Police- men's Pension and Relief Fund, and all moneys donated, paid or a;~sessed .f-or the relief or pension of disabled, superannuated ...r. ~~ and retired members of the Police Department, their widows and minor children, or widowed mother, solely dependent upon such member for her support. The board shall make all necessary rules and regulations for its government and the discharge of its duties and shall hear and decide all applications-for relief or pension and this decision upon said aplication shall be final .and conclusive not subject to review or reversal except by the board. The board shall cause to be kept a record of all its meetings and proceedings. The Board of Trustees shall have the power to draw such sums from its treasury and to invest said sums in the name of the Board of Trustees of the West Memphis Policemen's Pension and Relief Fund, in interest bearing bonds of the United States, the State of Arkansas, or of the City in which such board is located, or in savings and loan associations duly established anti authorized to do business in the State of Arkansas. All such securities shall be deposited with the treasurer of the Board of Trustees of the pension and relief fund and subject to the order of said board. Section 6. All moneys paid from said pension and relief fund shall be paid by the treasurer only upon warrants signed by the Chairman and countersigned by the secretary thereof. No war- rant shall be drawn except by order of the board, and interest accruing from the fund while on deposit or otherwise shall consti- tute a part of said fund. Section 7. There shall be added to the West Memphis Policemen's Pension and Relief Fund, the following moneys: (a) All forfeitures and fines imposed from time to time upon any member of the Police Department by way of discipline. (b) All money given or donated to such fund. (c) All, money deducted from the salary of any " member of the Police Department on account of -3- ~~ absence or loss of time. (d) One-half of all reward paid for any purpose. (e) Four per cent of the monthly salary of each member of the Police Department, to be deducted each month by the City and immediately paid to the Board of Trustees of the Policemen's Pension and Relief Fund. Section 8. There shall also be assessed and collected a penalty of 51.00 for each conviction of a moving traffic violation, such conviction arising out of the unlawful operation of a motor vehicle in violation of municipal ordinances of the City of West r7emphis and/or the laws of the State of Arkansas. Such penalty shall also apply to each conviction for the violation of a crimi- nal law of the State of Arkansas. The term "conviction" shall include forfeiture of. bond, and any bond posted pursuant to a charge or violation for the violation of any law or ordinance shall include the 51.00 additional penalty provided for herein. These penalties herein mentioned shall be deemed to be collected for the benefit and use of the West Memphis Policemen's Pension and Relief Fund and all such penalties collected under the provisions of this Section shall be remitted by the collecting officials to the trea- surer of the Board of Trustees of the West Memphis Policemen's Pension and Relief Fund, on or before ttie fifth day of the month next following tYie month of collection thereof. Section 9. In the event of resignation or discharge from the Police Department of any member thereof, all moneys deducted from his salary shall be immediately returned to him with- out interest. Section 10. If any member of the Police Department of the City of west Memphis, nrkansas, shall become, physically or mentally, permanently disabled, and this fact shall be certified to by the physician on the Board of Trustees, the Board of Trustees -4- 3?5 skull retire such disab led member from service upon half pay, which is one-half of the monthly compensation received by said officer at the time of his retirement; provided, that such retire- ment on half pay shall in no instance be less than S50.00 per montkr, regardless of whether such minimum amount should exceed one-half of said member's monthly compensation. Section 11. If arty member of said West Memphis Police Departrnent, shall, while in the performance of his duty, be killed or dies as a result of injuries received in the performance of his duty, or shall die of disease contacted (contracted) by reason of his occupation, or shall die from natural causes while in said service, shall leave a widow or child or children under the age of eighteen (18) years surviving, the said Board of Trustees shall direct a payment from said pension and relief fund monthly to such widow, while unmarried, of S125.00, and for each child until it reaches the age of eighteen (18) years, but not exceeding six (6) children, an allowance of S25.00 per month. Should he leave no widow or children, but a widowed mother, solely dependent upon his support, the board shall pay her the sum of 5125.00 monthly, as long as she remains unmarried. Provided, that if any member of the Police Departrnent retired and pensioned under the provisions of this act shall die while so retired and pensioned, leaving a widow or children or widowed mother surviving (such widow or children or widowed mother) shall be entitled to a pension as aforesaid. Provided further that if any policeman marries after kre has retired, his widow shall not be entitled to any pension. Section 12. The Board of Trustees by a majority vote of the members and with the approval of the physician on said ]~oard, shall have the power to retire from service in the depart- ment any member thereof who has become disabled, when it has been -5- ~7s certified to the Board of 'T'rustees in writing by the physician on said board that such member because of disability is incapacitated either mentally or physically from the performance of his duties as a member of said department; provided that no member shall be retired because of disability from natural causes unless he has served iri said department for a period of five (5) years; provided, that rio member of the department shall be retired because of a disability of any nature except upon examination and approval of the physician of the Board of Trustees. Provided further, that any member of the department who has performed faithful service in the department for a period of not less than twenty (20) years shall be eligible for voluntary retirement, and the Board of Trustees upon written application for retirement by said member to t},e board, shall place such member upon the pension roll at one-half the actual compensation based upon his highest compensa- tion year during his time of service, provided, the minimum monthly pension paid to said retired members shall not be less than 5100.00 per month regardless of whet}ier said retired member's monthly salary shall equal this minimum sum or not. Provided further, that any member of ttie department who is eligible for voluntary retirement and who shall continue to work for said department shall receive the sum of SS.00 per month upon retirement in addition to his regular monthly retirement pay for each continuous year that he shall work over and above his twenty years, but in no instance shall he receive more than 550.00 per month in addition to his regular retirement pay. Provided that any person employed in the police department after April 1st, 1963, unless retired for dis- ability purposes, shall not be eligible to retire until such per- son has attained the minimum aye of 57. years. Section 1:3. I ~ any member l:e reti.red because of any - e,- ~. disability, it shall be the duty of said member to have an examina- tion made of himself by the physician on the Board of Trustees at least once every six (6) months, and if he shalt have recovered Pro;n such disability, it shall be the duty of the Board of Trustees to stop. the payment o` said pension and place such member baclc in service on the police department and the time of his retirement shall be considered as continuous service in such department. A me;nber receiving the examination shall pay to the physician examin- in~~ lrim a fee of 85.OU for the examination so made. Section 14. If at any time there should not be sufficient money in said fund to pay each person a full amount to which he or she may be entitled, the beneficiaries shall be paid by pro rating the fund available among them. i !'i Section 15. There shall be kept in the office of the Board of Trustees by the secretary a book known as the List of Retired Policemen. This book shall give the full and complete history arrd record of action of the Board of Trustees in retiring any and all persons under this ordinance, such record shall give i. ~ the name, date of joining the department, date of retirement. and reason thereof, the date arrd finding of the physician of each examination made of disabled members of the department retired under the provisions of this ordinance. Section 1G. When entitled to a pension as provided by this ordinance, a widow or child or a widowed mother shall make application to the Board of Trustees through the secretary of said board. Accompanying such application shall be the proof of the marriage of the deceased member to the widowed claimant. Proof of the birth of children strall be shown by the baptismal or Board of Health certificate. Applications and proof shall be retained -7- 3~8 in the custody of the board, ayYd due notice of such action shall be registered by the secretary in his office. Section 1'7. The board shall deposit all moneys in the bank selected as the fiscal agent of the City of West Memphis, pro- vided said moneys draw the same rate of interest as the City receives on its deposits, otherwise the board shall make its own selection of the bank. Section 18. The Board of Trustees shall report to the council of the City of West Memphis the condition of said pension fund on the first regular meeting of the West Memphis City Council of January of each year. Section 19. No portion of said pension and relief fund shall, at any time, be subject to seizure or to be levied on under arty process whatsoever for the payment of any claim or debt held against any disabledmember or the widow or widowed mother or child of a deceased or retired member, but the said fund shall be securely held and distributed for the purpose of pensioning the persons men- tioned in this ordinance, and for no d:her person or purpose what- soever. Section 20. The treasurer shall be custodian of said pension fund, and shall keep his books and accounts concerning said funds in such manner as may be prescribed by the board; said boolcs acid accounts shall be subject to the inspection of any member of the board. The treasurer shall within ten (10) days after his selection, execute a bond to the Board of Trustees with good and sufficient securities, in such penal sum as the board shall direct, conditioned for the faithful performance of the ¢luties of his office; and that on the expiration or rltirement of his term of office, he shall surrender and deliver to his successor all unexpended moneys and all property which may have come into his bands as treasurer of said fund. Such bond shall be filed in -8- ' ~ .r.`.. ~~~ the office of the Board of Trustees and in case of a breach of same, suit may be brought on said bond in the name of said board, or in the name of any person or persons injured by said breach. Section 21. whenever an active or retired policeman shall die, or be )tilled, the Board of Trustees shall appropriate from the fund the sum of 5100.00 to go toward defraying a portion of the funeral expenses of said decedent. .Section 22. Every member of the department must file with the secretary the name or names to whom death benefits are to be paid, and relations of such beneficiary or beneficiaries. Section 23. The invalidity of any section or provision of this ordinance shall not invalidate other sections or provi- sions hereof. Each sentence and clause is expressly declared to be severable from the remainder, and should any part be declared unconstitutional, their ttie remainder shall continue and remain in full force and effect. Section 24. The establishment of an adequate pension and relief fund for the Police Department being essential to the efficient and orderly operation of the West Memphis Police Depart- ment, grid the same being necessary for the preservation of the immediate peace, health, safety and welfare of the inhabitants of the City of West Memphis, Arkansas, an emergency is hereby declared to exist and this ordinance shall be effective immediately upon its passage and approval. Mayor Eden informed the Council it will be necessary to adopt a Resolution for the one mill tax for the tax books for the year 1968, thereupon, the following Resolution was presented: RESOLUTION N0. 347 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 Policemen's Pension and Relief Fund 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 1968. -x~t~rtt Motion was made by Alderman Haley, seconded by Alderman Matthews: That the Resolution as presented be adopted. Upon vote, the voting was as follows: Aye: Aldermen: Matthews, Rodgers, Smith, Weis, Dabbs, Haley, Horton, and Leggett. No: None. ~~o .~ ~ _ ____ __ __ _ __ Alderman Weis introduced an ordinance entitl.®d:~ ~'An Ordinance Establishing The West Memphis, Arkansas, Firemen's Relief find Pensign Fund And For Other Purposes" and the City Clerk read the ordinance in full, , Alderman Rodgers, seconded by Alderman Dabbs, 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 queation on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Matthews, Rodgers, Smith, Weis, Dabbs, Haley, Horton, and Leggett. No: None. Thereupon the Mayor declared that at least txo-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 Clerk. Alderman Horton, seconded by Alderman Matthews 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: Matthews, Rodgers, Smith, Weis, Dabbs, Haley, Horton, and Leggett. 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 auapend the rule, the motion was carried and the rule suspended. The ordinance was then read the third time by the City Clerk. Alderman Haley, seconded by Alderman Leggett, moved that the ordinance b® adopted. The queation was put by the Maym on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Matthews, Rodgers, Smith, Weis, Dabbs, Haley, Horton, and Leggett. No: None. Alderman Smith, seconded by Alderman Weis, moved that Section 24, the emergency clause be adopted, and on roll call the following voted: Aye: Aldermen: Matthews, Rodgers, Smith, Weis, Dabbs, Haley, Horton, and Leggett. No: None. The Mayor thereupon declared the ordinance and the emergency clause adopted and signed the ordinance, xhich was attested by the City Clerk and impressed with the seal of the City. The ordinance was given No. 578• The ordinance read as follows: c~~ ;~:,' ORDINANCE NO. '~ ' ~ RN ORDINANCE ESTABLISHING THE WEST MEMPHIS, ARKANSAS, FIREMEN'S RELIEF AND PENSION FUND AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1. There is hereby created and established the Firemen's Relief and Pension Fund of the City of West Memphis, Arkansas, under the provisions of Amendment 31 of the Constitution of the State of Arkansas, and the Arkansas Statutes enacted pur- suant thereto. Section 2. Annually hereafter a tax of not to exceed one mill on the dollar on the assessed value of all the real and personal property within the City of West Memphis, Crittenden County, Arkansas, shall be levied by the City of West Memphis, Arkansas, for the West Memphis Firemen's Relief and Pension Fund. Such levy shall be made by the City Council of the City of West Memphis, Arkansas, on or before the time fixed by law for levying county taxes, and such City Council shall make out and certify to the county clerk, by resolution, the rate of taxation levied by the City of West Memphis on the real and personal property within such city. The amount so certified shall be placed upon the tax books by the County Clerk of Crittenden County and collected in the same manner that state and county taxes are collected, and shall be turned over to the Board of Trustees of the Firemen's Relief and Pension Fund of the City of West Memphis, Arkansas. Section 3. The Board of Trustees of the Firemen's Relief and Pension Fund of West Memphis, Arkansas, shall consist of the Mayor, the City Clerk or Recorder, the Chief of the West Memphis j Fire Department, and four (4) members of the West Memphis Fire i 382 Department to be selected by the members of the west Memphis Y'ire Department. Tlie four members selected to the Board of Trustees by the members of the 6•dest Memphis Fire Department shall be elected by ballot on the second monday in May, and two of said four (4) members so elected by the West Memphis Fire Department shall serve a term of one year arrd two of the members so elected by the West Memphis Fire Department shall serve a terns of two (2) years. Section 4. The Mayor shall 1~e Chairman, the city clerk or recorder shall be ex-officio secretary, and the city treasurer shall be ex-officio treasurer of the board. The secretary and treasurer shall report annually at the time of malting their annual report as the city clerk, recorder and treasurer, the condition of tyre firemen's relief and pension fund, and the receipt and disburse- ments on account of the same, with a full and complete list of the beneficiaries o£ said fund and the amount paid each of them. Section 5. On or before October 1st of each year, the Board of Trustees of the Firemen's Relief and Pension Fund of the City of West Memphis shall malce out and certify to the City an estimate of the amount of. money necessary to pay retirement salaries and pensions to firemen, and pensions to the widows and minor chil- dren of deceased firemen, and widows and minor children of deceased retired firemen for the following .~~ear, and the city shall make its levy against the real and personal property of such city sufficient to raise and provide the sum of rnotrey estimated and cer- tified by the Board of Trustees of the Firemen's Relief and Pension Fund. Provided, the annual levy shall not exceed one mill on the dollar of the assessed value of the real and personal property within the City of West Memphis, Arkansas. Section 6. The Board of Trustees shall hold monthly meetings on the first monday of each arrd every month of each year, -2- ~. 383 and upon the call of its president at such other times as the president deems necessary. It shall issue orders signed by the president and secretary to the persons entitled thereto, for the amount of money ordered paid to such persons from such fund by said board, which order shall state for what purpose such payment is made. It shall keep a record o.E its proceedings, which record shall be public record; it shall at. each montPr.Ly meeting send to the treasurer of such city a written or printed list of all persons entitled to payment from the fund herein provided for, stating the amount of such payment and for what granted, which list shall be certified to and signed by the president and secretary of such board, attested under oath. The treasurer of such city shall thereupon enter a copy of said list upon the book to be kept for that purpose, and which book shall be known as the Firemen's Relief and Pension Fund Book, and the said board shall direct payment of the amounts named therein to the persons entitled thereto out of such funds. A majority of all the members of said board herein provided for shall constitute a quorum and have power to transact business; provided, no m o ney belongingto said fund shall ever be disbursed For any purpose without a vote of a majority of all the members of the board of trustees, which shall be taken by the "yeas" and "nays", and the vote of each member so voting entered upon the proceedings of the board. Section 7. The board herein provided for shall, in addition to other powers herein granted, have power to-wit: (a) To compel witnesses to attend and testify before it upon all matters connected with the operation of this Ordinance and the various enabling statutes of the State of Arkansas, and in the same manner as is or may be provided by law for the taking of: testimony before a notary public; and its president or any member of said board, may administer oaths to such witnesses. (b) To provide for the payment from such funds . -3- 384 of all its necessary expenses and printing; provided, that no compensation or emoluments shall be paid to any member of said board for any duties performed under this act. (c) To make all rules and regulations needed for its guidance in conformity with the provi- sions of this Ordinance and the Statutes of the State of Arkansas. Section 8. Any person who shall have been duly appointed and enrolled, and has served for a period of twenty (20) years or more in the West Memphis Fire Department, five (5) years of which shall have been consecutive, immediately preceding the end of such period, as a member in any capacity or rank whatever, of the DJest Memphis Fire Department, and his service in such fire department shall nave ceased, shall be entitled to be retired from such ser- vice and shall be entitled to be paid from such fund a monthly pension equal to one-half of the salary attached to the ran]: which he may have held in said fire department; preceding the date ~I :nich retirement whether said service be performed as a volunteer; or a member of a part or full paid department, provided that any such person wl~o shall have completed the period of service as provided for in this section shall receive from the board, a certificate showing that he has completed the term of service required and is entitled to participate in all the benefits provided for in this Ordinance upon compliance with and subject to all the other terms and conditions of this Ordinance, whether he sever his connections or continue in service at the expiration of the time as set out above, and said right to participate izz said fund shall become a vested right and shall not be lost by the tern~ination oi- his ser- vices with or without cause. Provided further, that any member of the West 1`Semphis Fire Department who is eligible for voluntary retirement and who shall continue to work for said department shall receive the sum of_ 55.00 per month upon retirement in addition to his rep,}ular montY~l.y rei:,irement. ~~ay .f~?r cacti conLiuuuus year lie -4- ^_ 385 shall work over and above his twenty years but in no instance shall he receive more than 525.00 per month in addition to his retirement pay. In computing the length of service required under this Ordi- nance for any presently active member, in order to make such person eligible for benefits, the total term of service shall be considered regardless of whether such service occurred before or after the passage of Act 491 of 1921, Act 167 of 1943 or Act 68 of 1953, and it is the intention of this section to begin the computation of the period of service for presently active members of the West Memphis Fire llepartment or any members active in such department as of February 16, 1953, on ttie actual day that the person was first duly appointed and enrolled in the '!4est Memphis Fire Department. Said method of computation sYia11 be used to compute length of ser- vice as far as the basic twenty years of service and shall also be used to compute eligibility Por the benefits paid Eor service over and above the basic twenty years of service. Provided that, From and after March 1, 1957, a volunteer or part paid fireman, who becomes a full paid member of a fire department in the City of West Memphis, shall be eligible to retire under this Ordinance on the status of a full. paid member only if he shall. be employed as a full paid member oL said fire department for a period of at least five (5) years immediately prior to leis retirement; provided further that any member of the V7est Memphis Fire llepartment on the effective date of Act 491 of 1921, who fails to maY.e application and list his qualifications as to partici}~ate in the provisions of Act 491 of 1921, wit hin a one year period after his service shall have ceased as a member of the West Memphis Fire llepartment shall waive and forfeit all rights to participate in said benefits as provided therein, e;ccept that this provision shall not apply to any fireman who shall serve notice to the F3oard of Trustees at the time -5- 3~6 of his severance of. service as 1•u leis intent to waive his benefits temporarily. Section 9. Whenever a person serving as a fireman in the City of West Memphis shall become physically or mentally disabled except while actually performing work in gainful. employment outside of the fire department in the City of [Nest Memphis, the board may, upon his written request, or without such request if it deem it fo.r the good of said department, retire suclr person from active ser- vice, and, if so retired, shall order and direct that he be paid from said fund a monthly pensiorr equal to one-half of the amount of the salary attached to the rank which he may have held in such fire department preceding such retirement, whether said service be per- formed as a volunteer, part paid or full paid fireman; provided, that whenever such disability shall cease, such pension shall cease, and such person shall be restored to active service at not less than the same salary he received at the time of his retirement. Provided that any fireman who retires upon physical or mental ~lis- ability and who has more L-han twenty years service in the West Memphis Fire Department shall be entitled to receive the sum of 55.00 per month upon retirement f_or physical or mental disability in addition to his regular retirement pay for each continuous year he s}iall have worked over and above his twenty years, but in iio instance shall he receive more than S25.OU per month in addition to his retirement pay. Section 10. No person shall be retired, or receive any pensions from said :Fund, unless there shall be filed with the said Board, certificates of his disability, which certificates shall be subscribed and sworn to by said person and by the firemen's relief and pension fund physician, and such board may require other evi- dence of disability before ordering such retirement and payment. -6- 3~s7 Section 11. Whenever any member of the fire department of the City of West Mer~~phis, on account of sickness or temporary disability caused or sustained while in the discharge of his duty as a member of the West Memphis Fire Department, be confirred to any hospital or to his bed, and shall require professional nursing, care or attention, the board shall pay the necessary hospital care and professional nursing expenses vt: such member, and not less than 55.00 per week during such sickness or temporary disability, whether volunteer, part paid or full paid fireman, but in no case shall the amount so paid exceed the amount collected under provi- sions of this Ordinance. Section 12. whenever any member of the hest Memphis Fire Department shall have :Lost his liLe except while actually performing work in gainful employment outside tkre fire department of the City of West Memphis, or any member who has served twenty years or more as a fireman, and dies from any cause, leaving a widow or child, or children under the age of eighteen (18) years, then upon satisfactory proof of such :Facts made to it, such board shall order and direct that a mor~tlrly pension equal to one-Half the amount of pension and retirement pay attached to the rank of such member of said fire department at the time of his death shall be paid to his widow during her life, whether said member's service be performed as a volunteer, part paid or lull paid fireman; and such monthly pension shall not be less than S25.00 per month for volunteer or part paid firemen nor less than 560.00 per month for full paid firemen nor shall it exceed S75.00 irr either the volun- teer, part paid or full. paid firemen classifications. If there be no widow at the time of his death, then said sum shall be paid to his child or children until they shall have reached eighteen (18) years ol: aqe; provided, no widow shall receive a pension to exceed -7- 388 575.00 a month, plus 510.00 per month for each child under eighteen years of age, the sum total of the pension to be paid the widow, and/or the qualifying child or children shall Trot exceed one-half the salary attached to the rank said member held at the time of his death, as an active member of a part paid or full paid fire department, nor shall it be less than 525.00 per month, provided, if such widow or ci~ild or children shall marry, then such person so marrying shall thereafter receive no further pension under this Ordinance. Provided furt}rer, if any retired fireman shall marry after his retirement, his widow, or her child or children shall not receive benefits from said funds, provided that if the funds pro- vided for the operations of this Ordinance shall be insufficient to pay the pensions, the board of trustees shal 1 pro rate its funds among those entitled thereto as they may deem just and equitable. In computing services required under this section for eligibility to participate in benefits, services shall be computed from the day the person from whom benefits are derived was duly appointed and enrolled in the West Memphis Fire Department and such service shall be considered in determining eligibility for benefits regard- less of whether it was performed before or after Act 491 of 1921, Act 167 of 1943, or Act 68 of 1953. It is the intention of this section that no widow eligible for benefits herein shall be paid less than 525.00 for part paid firemen or less than 560.00 per month for full paid firemen. Section 13. Any person retired for disability under this Ordinance may be summoned before the board arrd shall submit himself thereto for examination as to his fitness for duty, and sYrall abide the decision and order of such board with reference thereto; and all members of the fire department who may be retired under provi- sions of this Ordinance shall report to some physician designated by the board when so retired, on the first monday of January, April, -8- 389 July and October of each year, and more often if required by the Board of Trustees, and in case of great conflagration, or great public emergency, may be assigned to and shall perform such duty as the chief of the fire department may direct; and such person shall have no claim against the city or town for payment oL- such duty so performed. Section 14. When any person who shall have received any benefits from said funcls shall be convicted of any felony, or shall. become an habitual drunkard, or sYrall fail to report himself for examination for duty as required herein, unless excused by the board, or shall disobey the requirements of said board under this Ordinance, in respect to said examination or duty, then the board shall order that such pension or allowance as may be granted to such person shall immediately cease, and such person skull receive no further pension or allowance or benefit, but in lieu thereof, the said pension or allowance or benefit may be paid to those imme- diately dependent upon liim or Isis leclally appointed yuardiarr. In the event the chief or any mcuibcr of the fire department shZl.l. he removed or discharged without just cause, such removal or discharge shall not in any way affect the right of such person to the bene- fits of this Ordinance, and at the time of the discharge or removal of any such person, the board hereby created shall investi- gate and determine whether such removal or discharge was without just cause or not, and shall make a report of its findings, and any person feeling himself aggrieved by the decision of said board shall have the right to appeal therefrom to the circuit court of the county in the manner now provided for appealing from decisions of the justices of the peace in civil cases. In the event it shall be determined on appeal that such removal was without just cause, then the person so removed shall be reinstated by the board and -9- shall be entitled to all the rights under the provisions of this ordinance. Section 15. There shall be added to the West Memphis Firemen's Relief and Pension Fund, the follow.in~~ money; all money given or donated to such fund, and one per cent wn of the monthly salary of each member of the department, to be deducted each month by the city, and immediately paid to the Board of Trustees of the Firemen's Relief and Pension Fund, provided that in the event of resignation or discharge from the fire department of any member thereof, all money deducted fm m his salary shall be immediately returned to him without interest. Section 16. The funds provided fm~ herein shall be supplemental to and in addition to any funds provided for by any laws in effect at the time of the passage of Act No. 30 of 1939 (19-2218-19-2221), and shall become a part of the firemen's relief and pension fund, created under this Ordinance and Act 491 of the Acts of the Arkansas Lectislature of 1921. Section 17. iVithin sixty (60) days from the effective date of this Ordinance, each full paid fireman and each part paid fireman whose salary or compensation is 550.00 or more per montki, each part paid fireman whose salary or compensation is less than 550.00 per month, and each active volwiteer fireman employed in the Fire department by the City of West Memphis, who desires that he and his beneficiaries participate in the West Dlemphis Firemen's Relief and Pension Fund, sha:11 file with the secretary of the Board of Trustees of the West Memphis Firemen's Relief and Pension Fund a statement in writing under oath, that he desired that he and his beneficiaries participate in the benefits from such fund. Such statement shall include the name and age of those persons immediately dependent upon him, and shall authorize the <~overning body ol_ the City of- West k~lemphis to deduct not less than one per cent um nor - LO- 3~1 exceed three per centum from his salary or compensation. Any fiieman who fails or refuses to make and File the statement required by this Ordinance or to allow deductions from his salary or compen- sat ion, or to pay the amount lie rein required, shall forfeit his right to participate in the benefits provided by the West Memphis Firemen's Relief and Pension fund; provided, this Ordinance shall not apply to any fireman heretofore retired, who has a vested right to participate in such fund, because he has completed the required length of service, or because of physical or mental disability incurred in the performance of his duty, nor shall this Ordinance apply to any fireman coho has a vested right to participate in such fund because he has completed the required length of service and who has elected to continue in active service. Section 18. If any fireman shall elect not to participate in such fund, his salary shall not be liable for any deductions nor shall. he be required to pay as herein provided. Provided, however, that in the event of the resi~~nation or the discharge from tlrc fire department of any member thereof, all moneys deducted from the salary or compensation of such member, or voluntarily paid by such person, shall immediately be returned to him without interest. Section 19. All moneys provided Eor said fund by this Ordinance and the laws of the State of Arkansas shall be paid to and received by the treasurer of the City of West Memphis for the sole use arrd benefit of the West Memphis Firemen's Relief acid Pen- sion Fund, and said fund shall be used for no other purpose, and the additional duties thus imposed upon said treasurer shall be additional duties for which ile shall be liable under his oath and bond as city treasurer; provided, however, that the Board of Trustees shall have power with the consent of a majority of the firemen at the time e~~~ployed, expressed in writing and filed with the city cler}:, to authorize the treasurer to draw such sums from -11- 392 its treasury and to invest said.~ums in the name of the Board of Trustees of the West Memphis Firemen's Relief and Pension Fund, in interest bearing bonds of the United States, the State of Arkansas, the City of West Memphis, Arkansas, certificates of deposit or time deposits in banks duly established and authorized to do business in the State of Arkansas, or in savings and loan associations duly established and authorized to do business in the State of Arkansas. All such securities shallbe deposited with the treasurer of the Board of Trustees of the 4•Jest Memphis Firemen's Relief and Pension Fund, and shall be subject to the order of said board. Section 20. All moneys paid from said relief and pension fund shall be paid by the treasurer only upon warrants signed by the chairman and counter-signed by the secretary thereof. No warrant shall be drawn except by order of the board, and interest accruing from the fund while on deposit or otherwise shall consti- tute a part of said fund. Section 21. In no case shall the payment to any such retired members be less than 530.00 per month, and the payment shall be made in accordance with the justice and equity of each case as determined by the Board of Trustees of the West Memphis Firemen's Relief and Pension Fund; provided, that should the funds herein provided for be insufficient to make full payment of the amount of pensions to alt persons entitled thereto, then said f.urrds shall be pro rated among those entitled by the proper authorities as may be deemed just and equitable; provided, that the payment provided for in this section shall not be made until after the pay- ment in full of all claims or demands against said funds arising or accruing under the provisions of Arkansas Statutes Annotated 19-2207 and Section 11 of this Ordinance. -12- ~~~ Section 22. From and after the passage and effective date of this Ordinance, the members of the Board of Trustees of the West Memphis Firemen's Relief and Pension Fund shall have ttie power, in their discretion, to expend moneys from said fund for the purpose of paying premiums and purchasing group insurance cover- ing the members of said fire department against accidental injury or death occurring within the line of duty of said firemen. Section 23. The invalidity of any section or provision of this Ordinance shall not invalidate other sections or provisions. hereof. Each sentence and clause is expressly declared to be severable from the remainder, and should any part be declared uncon- stitutional, then the remainder shall continue and remain in full force and effect. Section 24. The establishment of an adequate relief and pension fund for the Fire Department being essential to the effi- cient and orderly operation of the West Memphis Fire Department and the same being necessary for the preservation of the immediate peace, health, safety and welfare of the inhabitants of the Cityof West Memphis, Arkansas, an emergency is hereby delcared to exist and this Ordinance shall be effective immediately upon its passage and approval. The resolution pertaining to one mill tax for the Firem®n's Relief and Pension Fund for the tax books for the year 1968 was presented as follows: RESOLUTION N0. 348 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 Fund uupon 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 1968. After discussion, motion was made by Alderman Smith, seconded by Alderman Horton: That the resolution as presented be approved. Upon vot®, the voting was as follows: Aye: Aldermen: Matthews, Rodgers, Smith, Weis, Dabbs, Haley, Horton, and Leggett. No: None. 394 Tha following Resolution was read in full, considered and diacusseds RESOLUTION N0.~ '~ RESOLUTION APPROVING APPLICATION FOR PRELIMINARY LOAN FOR LOW-RENT PUBLIC HOUSING WHEREAS, it i.s the policy of this locality to eliminate substandard and other inadequate housing, to prevent the spread of slums and blight, and to realize as soon as feasible the goal of a decent home in a suitable living environment fir all of i[s citizens; and WHEREAS, under the provisions of the United States Housing Act of 1937, as amended, the Department of Housing and Urban Development is authorized to provide financial assistance to local public housing agencies for undertaking and carrying out preliminary planning of low-rent housing projects [hat will assist in meeting this goal; and WHEREAS, the Act provides that there shall be local determination of need for low-rent housing to meet needs not being adequately met by private enter- prise and that the Department of Housing and Urban Development shall not make any contract with a public housing agency for preliminary loans for surveys and planning in respect to any low-rent housing projects unless the governing body of the locality involved has by resolution approved the application of the public housing agency for such preliminary loan; and ' WHEREAS, the Housing Authority of the City of West Memphis, Arkansas (herein called the "Local Au"thority") is a public housing agency and is applying to the Department of Housing and Urban Development for a preliminary loan to cover the costs of surveys and planning in connection with the development of low-rent housing.. NOW, THEREFORE, be it resolved by the City Council of the City of West Memphis, Arkansas as follows: 1. There exists in the City r of West Memphis, Arkansas a need for such low-rent housing at~rents within the means of low-income families; 2. The application of the Local Authority to the Department of Housing and lirban Development for a preliminarylloan in an amount not to exceed $27,000.00 ~! fc~r surveys and planning in connection with low-rent housing projects of not to exceed approximately 182 dwelling units is hereby approved. Alderman Smith moved its adoption and Alderman Horton seconded the motion. On roll call the following vote was recorded: Ayes: Aldermen: Matthews, Rodgers, Smith, Weis, Dabbs, Haley, Horton, and Leggett. Nays: None. Thereupon the Resolution was declared duly adopted and passed. No further business appearing before the meeting, the meeting was adjourned. ~ ~ ~.- _-~ ~ J i J ._, ATT _- --- "~ ~'~~ •- APPROVED: NOVEi~BER 21, 1968