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December 19, 1968MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS HELD ON THE 19TH DAY OF DECEMBER, 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 19th day of December, 1968. The following were present: Mayor Bob Eden, presiding, and Aldermen: F. C. Weis, H. R. Dabbs, 0. C. Haley, Pritchard Horton, Kirby Leggett, Paul Matthews, C. T. Rodgers, and R. L. Smith; and City Attorney R. E. Wallin. Absent: None. The following proceedings were had to-wit: Minutes of Council Meeting on December 5, 1968, were approved as read. Mayor Eden informed the Council the contractors have completed the fire damage repairs at the airport, and the Insurance Adjuster has agreed with all claims of the contractors, however, due to depreciation there will be a balance of $1,889.40 that the insurance will not pay. After discussion, motion was made by Alderman Matthews, seconded by Alderman Dabbs: That transfer from Airport Depreciation Fund to General Fund $1,889.40 to settle claims fxP airport. Upon vote, the voting was as follows: Aye: Aldermen: Weis, Dabbs, Haley, Horton, Leggett, Matthews, Rodgers, and Smith. No: None. The Council was advised by Mayor Eden that the Federal Aviation Administraction had prepared an amendment to Grant Agreement for construction of a partial parallel taxiway, extend apron to approximately 200' x 766'; relocate segmented circle and lighted wind cone; perform pavement marking incident to construction, and that a resolution had been prepared for formal acceptance for Amendment No. 1 to Grant Agreement. The resolution was presented as follows: RESOLUTION N0. 352 WHEREAS, the City Council of the City of West Memphis, Arkansas, has been informed that the Area Manager, Fort Ldorth Area Office of the Federal Aviation Administration, has determined it to be in the best interest of the United States of America that the grant agreement between the acting area manager, Fort Worth Area Office of Federal Aviation Administration, acting by Cityoo£bWestfMemphis,UArkansas8ton~thed20th day off June, 1968hirelatingsto~thecWeatdP4emphis Municipal Airport, Project No. 9-03-046-D802, should be amended, and WHEREAS, said Amendment No. 1 to the aforementioned grant agreement is attached to this Resolution and incorporated herein as though more fully set out in said attached Amendment No. 1 to grant agreement. NO'r7, THEREFORE, BE IT RESOLVED BY TfU; CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, that the Mayor of the City of West Memphis, Arkansas, is hereby authorized. and directed to Arkansas9ais herebyeauthorizedoandadirectedmto attestesame~ forrandfon behalf of thetCity ofa~ West Memphis, Arkansas. it-~~s-tt-x- After discussion, motion was made by Alderman Weis, seconded by Alderman Leggett: That the Resolution accepting the Grant Amendment be adopted. Upon vote, the voting was as follows: Aye: Aldermen: Weis, Dabbs, Haley, Horton, Leggett, Matthews, Rodgers, and Smith. No: None. Recommendation of the Planning Commission to rezone Lots 13, 14, 15 and 16 of Block 8 0£ Wheeler Subdivision to the City of West Memphis; and Lots 7, 8, 9, 10, 11 and 12 of Block 9 of Wheeler Subdivision upon application of the Estate of Wi111am Sanders Danner was presented. Mr. C. B. Nance representing the applicant discussed the rezoning with. the Council. Thereupon an ordinance entitled "An Ordinance To Rezone Certain Property In The City Of West Memphis; Declaring An Emergency And For Other Purposes" was introduced by Alderman Smith, and the City Attorney read the ordinance in full.. Alderman Leggett, 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 question on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Weis, Dabbs, Haley, Horton, Leggett, Matthews, Rodgers, and Smith. No: 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 the second time by the City Attorney. Alderman Haley, seconded by Alderman Matthews then moved that the rule requiring the reading of an ordinance in full on three diffesait days be Further suspended and that the ordinance be placed on its third reading. The Mayor put the question on the adoption of the motion and the roll being called the following voted: Aye: Aldermen: Weis, Dabbs, Haley, Horton, Leggett, Matthews, Rodgers, and Smith. No: None. The Playor 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 the third time by the City Attorney. Alderman Horbonthe Mandrdon thedadoptiondofrthemmotionhandttheoroll beingecallededtheThe r~„pstion was,.Dl~~ Y yo Aye: Aldermen: Weis, Pabbs, Haley, Horton, Leggett, Matthews, Rodgers, and Smith. No: None. Alderman Weis, seconded by Alderman Smith, moved that Section 5, the emergency clause be adopted, and an roll call the following voted: Aye: Aldermen: Weis, Dabbs, Haley, Horton, Leggett, ?Matthews, Rodgers, and Smith. No: None. The Mayor thereupon declared the ordinance and the emergency clause adapted and signed the ordinance, which was attested by the City Clerk and impressed with the seal of the City. The ordinance was given No. 584. The ordinance read as follows: ORDINANC;1, NO, ' Ati' ORDLNAN('E TO RL:%ONI' ('1':RTAIN PRQPL:LiTS T'~I THE CTT~~ C)F \d~FST A'IIs1Vll'IIIS; UL~.C1_.AIiIN(; AN EIV1ERUENCY AND F(~R C)T[IP:It Pi1PPOSES. ~~-Hfi.'REAS, an application yeas marir, to the Planning Commission of the Cite of West Nlc~m}phis as }~rc~~~i~1~~~1 h~~ (~r<lintmer• Nc~. 111 ref thr• Cii}- of 4\ Est Ntrnt}~his f<~i• rr•,c~,nin!~ ~•r•i tnii~ I>r~~}r~•r•1~ ~~ itlriir flrc~ ('ilk': and ~tIIP:Ii1sA5• n~iicc ~~ra5 dtrl~~ }n~hlishr~d nn the 2ntlt rla~~ of Nrwcnthcr•, 1968, that a hcar•in~' would be held h~~ fhc Planninu C'omittissinn at. ,~00 ~~'clock P. M, on t!ZC 18th day of Deccmbet•, 1968, and ai said meeting and Ii}- i:he application ~r•cvinustc suhntittr•rl i1 was rcqur~slc•rl that. thr~ fol]nwint~ }n'opcrty he rezoned froth its pr•esentzoning lu ihat of 1}ighwap Commercial (('-i): Lots 1 14, 1 ~i and if of laocl: 8 01' l~'hcc•ler Subdivision to the Ci1~ of ~['est 1VI~~rnphis: and Lots I, 2, :~, -1, 5, R, 7, 3, Sr, 10. 11 and 12 of I,lucl: ~~ nl' ~~'hcclcr Strbd.ivision to the Cit~• of ~~~est Memphis, Arkansas. • ~~`i1F Rl;AS, no persrn~s a}~hr•arcd to protest against said zoning as requested; and ~'ti-IIT~REAS. the Planning Comntissinn of the Cite of \lcst Nle~mphis recommended that said rezorliug pc•iition he gr•<tnied; ~, !V~O~~', TTIEI,};F(~RI 1;1: [T OIiDAINED I3Y TIZE CITY COUNCIL OF THE CITY OF ';~'I?ST .A~1EI~RPIIIS: Suction 1. 'l'ha1 the fnllo~~inr~, prnpri•1~~ nnw ;.onr~rl ,is Sinhlc-I~'oi7tily P,esidence I)istricl: (RS-7) be and fhr~ 5anr~• is hereby rczonr~d as IlirThway Conuner-~ cial Distrir~t (C-7): Lots 13, 1~I, 15 and If of 13Lx•k 8 rrI V1'heelcr Subdivision to the Cii}- of ~~'est 1Vlcmpltis: and Lots 7. 8, 9. 10, I I and 12 ref Rloc•1: n of WhF•elc~r• Suhdivision to the City of ~1~c~s1 ~Ir•ntpitis. Arkansas. . Sr•niion '~. 'T'hat the 1'ollowin~ prupcrt~ now roncd as General Commercial District (C'-:~) be and the same i~ herch~ rr~zonc~d as ITighway C'nmmr~rcial District Loia 1, 2, 3, 4. 5 and F of 13Loia: c) of the Whcclc>r Subdi- vision to the Cite of ~~~cst Il~lcmpltis, 1~ rkansas. Section S. A1] urdinaures rir pnt•t~ cif c~rdinancc~ in conflict: hc~•ewith are herclty rc•Etcalccl. Sei•tinn 4. J~ c~c'ipy of the r,i°d inancc, when ch,ly certified by the City •• r Clerk, shall he scth.jeci; to beint* filed and recorded in the office of the Circuit ~~ Court C".ler•h and T?s-Ofi'icio Hccnrdcr within and for Crittenden Crnmt.v. llrkansa.s. Se~~.iicnt Vii. I?I~11':IiC~I~:NCI' ('I./~IIRI?: li is fcttntd :unt decl;trc~d I>v the City Cotmcil of the City of bVc•st Memphi-~ i.hai: Lhis ordinance is necessary for the growth and expansion of the City, of ~~'est MctTtphis; thcrefof•e, an emergency is hereby declared to exist, and, this ordinance shall bc~ in full force and effect from and after its passafie and appro~~al. Mayor Eden announced the next order of business would be hearing on vacating alley extending through a portion of Block 8, FRieeler, extending through Block 9, and that portion of 2llth Street situated between Blocks 8 and 9 of Wheeler Subdivision upon petition of Safley & Waggener, First National Bank of Memphis as executor of the Estate of William Sanders Danner, and Loia N. Danner, co-trustee and widow of 1~illiam Sanders Danner. Notice of hearing was published in the Evening Times on December 2nd and 9th. Mr. Ralph Sloan representing Robert Fallis informed the Council his client opposed the closing of 211th Street as the street would be a means of access to apartments now being constructed in the area. No one else appeared to protest the closing of the street. Mr. V. E. Skillman representing Mr. Allen Thompson informed the Council of plans to sell the property to be developed for a large single building suitable for a discount store. Mr. Frank Whittington, who is interested in developing and leasing the property, informed the Council of his plans and suggested contacting Highway Department as to their plans for the area. Mr. Fallis stated he had no objection to closing of the alleys. After discussion, motion was made by Alderman Weia, seconded by Alderman Dabbs: That the alleys be vacated as requested. Upon vote, the voting was as follows: Aye: Aldermen: Weis, Dabbs, Haley, Horton, Leggett, Matthews, Rodgers, and Smith. No: None. Thereupon, motion was made by Alderman Rodgers, seconded by Alderman Smith: That the hearing be continued until January 2, 1969. Upon vote, the voting was as follows: Aye: Aldermen: Weis, Dabbs, Haley, Horton, Leggett, Matthews, Rodgers, and Smith. No: None. Mr. Robert Cosgrove appeared on behalf of the Boys' Club of West Memphis requesting lease of one acre of the Northeast Corner of Worthington Park for construction of a building for the Boys' Club. Mr. Cosgrove informed the Council the Park Commission, The Boys' Club Trustees and Board of Directors have approved the request. After discussion, motion was made by Alderman Dabbs, seconded by Alderman Weis: That the Council agree the City Attorney and Mr. Cosgrove proceed further with lease form for the property. Upon vote, the voting was as follows: Aye: Aldermen: Weis, Dabbs, Haley, Horton, Leggett, Matthews, Rodgers, and Smith. No: None. Mr. Cy Bond of Bond Engineering presented Final Plat of 2nd Addition of Westwood Acres. After discussion, it was concensus of opinion action be deferred until the January 2, 1969 meeting. Recommendation of the Planning Commission to rezone Block Ten (10), Lots Seven (7) through Twelve (12) Block Seventeen (17), Lots Cne (1) and Two (2), &ai~dal Addition was presented. After discussion, an ordinance entitled "An Ordinance To Rezone Certain Zoned Property From C-5 to RS-5 Declaring An Emergency And For Other Purposes" was introduced in writing by Alderman Weis, and the City Attorney read the ordinance in full. Alderman Rodgers, seconded by Alderman Horton moved that the rule requiring the reading of an ordinance in full on three diffeistt days be suspended and that the ordinance be placed on its second reading. The Mayor put the question on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Weis, Dabbs, Haley, Horton, Leggett, Matthews, Rodgers, and Smith. No: None. !i _ _. ?~ 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 the second time by the City Attorney. Alderman Matthews, 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 its third reading. The Mayor put the question on the adoption of the motion and the roll being called the following voted: Aye: Aldermen: iaeis, Dabbs, Haley, Horton, Leggett, Matthews, Rodgers, and Smith. 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 suspend the rule, the motion was carried and the rule suspended. The ordinance was then read the third time by„the City Attorney. Alderman Dabbs, seconded by Alderman Leggett, moved that the ordinance be adopted. The questiam was put by the Mayor on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: 'leis, Dabbs, Haley, Horton, Leggett, Matthews, Rodgers, and Smith. No: None. Alderman Smith, seconded by Alderman Weis moved that Section 3, the emergency clause be adopted and on roll call the following voted: Aye: Aldermen: Weis, Dabbs, Haley, Horton, Leggett, Matthews, Rodgers, and Smith. 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. 585. The ordinance read as follows: A N ORDINANCE TO REZONE CERTAIN ZONED PROPERTY FROM C-5 to RS-5 DF.CI~RING AN EMRRGENCY AND FOR OTHER PURPOSES. WI~REAS, a petition has been filed with the Planning Commission of the City of West Memphis, Arkansas, by William L. Johnson Co., Inc., as provided by Ordinance No. 411 of the City of: West Memphis, Arkansas; and WIIF,REAS, notice was duly published on the ~ti i t vi day ~+ of November, 1968, that a hearing would be held by the Planning " b. Commission on the 18th day of December, 1968 at the City Hall far the purpose of taking action upon said petition and calling upon all interested parties to appear at such hearing to make known their objections, if. any, in connection with said application for rezoning of properties hereinafter described; and 'i' WHEREAS, at said meeting and by the petition previously made to the Planning Commission, it was requested that the follow- ' ing properties, to-wit: Block Ten (10), Lots Seven (7) through Twelve (12) Block Seventeen (17), Lots One (1) and Two (2), all being in the George T. Kendal Addition to the City of West Memphis, Arkansas, be rezoned from present zoning C -5 to zone RS-5, and, WIiEREAS, no persons appeared to offer a protest against '~ the rezoning of said properties as requested; and ~ WHEREAS, the Planning Commission recommended to the City Council that said rezoning be granted. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF WEST MEMPHIS, ARKA1vTSAS: SECTION I. That the fallowing property, to-wit: ~~ Block Ten (10), Lats Seven (7) through Twelve (12) Block Seventeen (17), Lots One (1) and Two (2) all 'ii being in the George T. Kendal Addition to the City of West Memphis, Arkansas. ~) now zoned C-5 be and the same is hereby rezoned ae RS-5. SECTION II. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION III. Emergency clause: It is found by the Council that the present zoning of the above described land is not appropriate for proper and orderly development of the City of West Memphis and, in order to maintain an orderly system of zoning of districts within the City of West Memphis in keeping with a proper. city plan for the orderly development of the City, it is necessary that rezoning of the above described properties 1 be immediately accomplished and, therefore, an emergency is found f to exist and this ordinance shall be in full force and effect from and after its passge, approval and publication as required by law. SECTION IV. COPY OF ORDII~ NC F. FILED FOR RECORD; R A copy of this ordinance when duly certified by the City Clerk, k_ shall be subject to being filed and recorded in the Office of the Circuit Court Clerk and Ex-Officio Recorder within and for Crittenden County, Arkansas. _.__ . The Council was advised the 1967 Edition of the National Building Code, Abbreviated Edition, has now been published and should be adopted in order for the City to comply with requirements of the Department of Housing and Urban Development. Thereupon, Alderman Smith introduced an ordinance entitled "An Ordinance To Amend Ordinance No. 458 Of The City Of West Memphis, Arkansas; Declaring An Emergency And For Other Purposes", the ordinance was read in full by the City Attorney. Alderman Leggett, seconded by Alderman Dobbs, moved that the rule requiring the reading of an ordinance in full on three diffferent days be suspended and that the ordinance be placed on its second reading. The Mayor put the question on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Weis, Dobbs, Haley, Horton, Le~ett, Rodgers, and Smith. No: None. (Alderman Matthews was not present) Thereupon the Mayor declared that at least two-thirds of all members of the Council having voted. in favor of the motion to auspend the rule, the motion was carried and the rule suspended. The ordinance was then read the second time by the City Attorney. Alderman Haley, 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 its third reading. The Mayor put the question on the adoption of the motion and the roll being called the following voted: Aye: Aldermen: Weis, Dobbs, Haley, Horton, Leggett, Rodgers, and Smith. No: None. , (Alderman Matthews was not present) 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 the third time by the City Attorney. Alderman Rodgera, seconded by Alderman Weis, 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: Weis, Dobbs, Haley, Horton, Leggett, Rodgers, and Smith. No: None. Alderman Smith, seconded by Alderman Leggett, moved that Section 3, the emergency clause be adopted, and on roll call the following voted: Aye: Aldermen: Wis, Dobbs, Haley, Horton, Leggett, Rodgers, and Smith. No: None. (Alderman Matthews was not present) The Mayop 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. 586. The ordinance read as follows: lia OItItI^111i ~-~ lPC~ 11r11~I`~ei! Qi2i)II`i~NC: i; l`1(!. 4!i';) OI~' '±';1£•, CITY O~' ?9i~5'.? 1~?I!;iiF:I:CS, 1\Rl<~?,P.?SAS; L)L;CIy=1I2INC~ ;iPi E1~~F:Rc;^;,r^';` ANIJ I'Ott C)TII1?R Pl1RPOSI:S, BL. TT OI?D<al';rF~D I>'.i 'PI!1_; C'TTY C"OUQCIL, OI' 'PIiE CIT`.Z ;')F iJt'sS'L' Nl?.t'!YHIS, tii2l:.?*1S1~S: Section 1. Section :L cf Ordinance ilo. 4513 is hereb~~ a~nend.ed to read as t ~11ows: ~trOPTIOPI <)~' I3UT!.I)Ildt; ! ol1P;, 'I'herc .is hc,rel>y adopt~.eci by tine City of R'cs: i4er~t;_,his for the nuz:POSe of estal_~lishinct rules and re<fulations for the cons~_.r.uction, alter.a.tion, removal, demoli- tion, equipment, u:e anci occupancy, locatirni and maintenance of build.i.ngs and strcrctu)-es, irtcl~_tdiny perrnits and nenaltif~s, that certain !~uil~~'linr! co,lc lcnotian a~ thc:~ [;ntional Yuilcl.irn~! Code, 11tz1?r.e- viated Lciit:ion, re~.o;,n~eucic~:! :1''t tlrc: i~Jat:ional Board of E'ir~ Uncac:r- writers, l~ein_cr particularly ti,e 1967 edition and the whole thereof, ` includ:inu ar.~~ revise,l editicns thereof, save and except such por- liens as a:re 1?ereinaFter delet:e?, mocl.ifiec9 or amended of which not leas than throe (3) conies have been and nc:+tiv are filed in the office 01: the Cl.eri~ of the City of West: Plemphis, 11rl:ansas, and t11e same are izereb~ a~_ioptec! and incot:ix~rated as Lu11y as i:E set out at length herein, and from the date on ~ehiclt this ordinance shall take e:[fect, the provisions thereof shall be controlling in the construction of. all. buildings ar,.~ of:her structures within the corporate limits of i:he City ~?~ Fdest 1~_eml~liis, i~rl::insas. 2e:'ti0ii ''.. -i7.1 hart::, o:E ordinance No. 45E~? in confl.i.ct , herewith are hercl-n, rcl~ealc~~1. ' S^ction_ 3. It :i.; :L<~~ui,l and r3etcrmined h~~ the City Council. of the Ci+~~ of hest ^.Icmnh.i5, ~.r!<.ansas, that this ordinance is inunediately necessary for the saeety and welfare of the inhabitants of the City; of 4•;e5i: P~icmphic, i1 r':ansas, anal an emergency is hereby 432 ,, veclared tv exist an~~. this ordinance sha11 he in fu11 force and effect fro*n and after its pa:~s~i~ie. l.~lontoa L-li~_~' 19tP~ ~;ia~' <~1: !~ecen~~er, 19(;t?. k :1hP[20V1D: ( ~. rlnYO: attest:. ~,- ~' -~.. r . C.i.t~~ Cler} ~ X23 it ~~ City Attorney tdallin presented the following Resolution from the Utility Commission ~~ recommending execution of contract for fewer construction by W. K. Ingram Construction Company: ;~ WHEREAS, the West Memphis Utility Commission received bids on the 9th day of December, 1968, at 2:00 P.M ., for the construction of Division B, interceptor sewers of the sewage treatment facilities project No. WPC - ARK - 255 of the City of West Memphis, Arkansas, and f' ?~R.EAS, the low bid submitted £or the aforementioned construction, was submitted by W. K. Ingram Construction Company in the amount of $1,270,307.75, and ?JHEREAS, the ldest Memphis Utility Commission, after due deliberation and consideration, has determined that said bid is proper and in the best interest of the West Memphis Utility Commission and the citizens of West P;emphis, Arkansas, and 4~ifU;REAS, the members of the West Memphis Utility Commission recommend to the City Council of the City of West Memphis, Arkansas, that the City of West Memphis, Arkansas, acting through its Mayor, be authorized and directed to enter into contractual agreement with the L^J. K. Ingram Construction Company for the aforementioned construction for and in consideration as heretofore set forth. NO?d, THEREFORE, BE IT RESOLVED BY THE WEST r.EMPHIS UTILITY COMMISSION that the City Council of the City o£ West Memphis, Arkansas, is hereby requested to authorize and direct the mayor of the City of West Memphis, Arkansas, to execute the contracts submitted by W. K. Ingram Construction Company for the aforementioned construction and in the amount of $1,270,307.75, as more fully set out in said contract. ~~r~-;~ After discussion of the Engineer's estimate, bids of Farco, Inc., Woodstock Construction Co., and Heath & Scarbrough Construction Co., construction bond by contractor, basis of bid not cost plus the following resolution was presented: RESOLUTION N0. 353 WHEREAS, the West t~iemphis Utility Commission received bids on the 9th day of December, 1968, at 2:00 P.M., for the construction of Division B, Interceptor Sewers of the Sewage Treatment Facilities Project, No. ?dPC-ARK-255 of the City of West N.emphis, Arkansas, and WHEREAS, the low bid submitted for said construction, was submitted by ?d. K. Ingram Constructim Company in the amount of $1,270,307.75, and WHEREAS, after due consideration and deliberation, the West Memphis Utility Commission has recommended that said bid as aforementioned be accepted by the City Council of the City of West Memt3dt NOW, THEREFURE, BE IT RESOLVED BY THE CITY COUNCIL OF TI-'.E CITY OF WEST MEMPHIS, ARKANSAS, that after due deliberation and consideration. of the recommendations of the West Memphis Utility Commission, the aforementioned bid of W. K. Ingram Construction Company is hereby accepted and the Mayor of the City of West Memphis, Arkansas, is hereby authorized and directed to execute contracts with W. K. Ingram Construction Gompany in the amount of X1,270,307.75, for and on behalf of the City of West Memphis, Arkansas. This award is subject to approval and concurrance of both the Federal and State ?rTater Pollution Control Commissions. aHH~Y,: Motion was made by Alderman Tnreis, seconded by Alderman Dabbs: That the Resolution as presented be adopted. Unon vote, the voting was as follows: Aye: Aldermen: Weis, Dabbs, Haley, Horton, Leggett, Matthews, Rodgers, and Smith. No: None. Mayor Eden informed the Council Mr. Donald Manes was unable to be present for a report on Urban Renewal due to a meeting"- with HUD Officials, however, a Resolution had been prepared for the Council's consideration. City Attorney Wallin read the Resolution. After discussion, motion was made by Alderman Smith, seconded by Alderman Dabbs: That the Resolution be adopted as presented. Upon vote, the voting was as follows: Aye: Aldermen: Weis, Dabbs, Haley, Horton, Leggett, Matthews, Rodgers, and Smith. No : Na~e . The Resolution read as follows: 424 ;• P,ESOLUTIOII IdO. 354 RESOLUTIOI7 OF T1IE CITY COUNCIL OF TIIE CITY OF [BEST fIEIIPIIIS APPROVIi1G THE URBAiI REIIE;IAL PLAN FOR THE I1EST fIEtIPIIIS'iI1;IGHBORIIOOD DEVI/LOPIIETIT PP~OGRAfI C]HEREA5, under the provisions of Title I of the housing Act of 1949, as amended, the Secretary of Ilousing and Urban Development is authorized to provide financial assistance to Local Public Agencies or undertalcinq and carrying out Neighborhood Development Programs; and [•1HEREAS it is provided in such Act that contracts for financial aid thereunder shall reRuire that the Urban Rene~~al Plan for the urban rener~al area comprising the eighborhood Development Program be approved by the governingt body of the locality in which the area is situated and that such approval include findings by the governing body that: (1) the financial aid to be provided in the contract is necessary to enable the Program to be undertaken in accordance with the Urban Renecaal Plan; (2} the Urban Rene~•~al Plan ~•~ill afford maximum opportunity, consistent with ttie sound needy of the locality as a whole, for the rehabilitation or redevelopment of the urban renewal area by private enterprise; (3) the Urban Renewal Plan conforms to a general plan for the development of the locality as a whole; and (4) the Urban Renet•~al Plan gives due consideration to the provision of adequate parl: and recreational areas and facilities, as may be desirable for neighborhood improvement, ~~~ith special consideration for the health, safety, and welfare of children residing in the general vicinity of the site covered by the Plan; and WHEREAS it is desirable and in the public interest that the Urban Renewal Agency of the City of [test Memphis (herein called the ''Local Public Agency") undertake and carry out the Neighborhood Development Program (herein called the "Program") encompassing the area in the City of '.•lest tiemphis, State of Arkansas (herein called the "Locality") as described tie rein on Exhibit I, Boundary Description; an d -1- i]D GO1(7) 425 t•IHEREAS the Local Public Agency has applied for financial assistance under such pct end nronoses to enter into a contract or contracts with the Dcpartmer.Y. of Ilousinq and UrUan Development f.or the undertal:inq of, and for mal:i.n~ availablefinancial assistance for, the Program; and GAIEREAS the Local Public a'lgency ham made studies of the location, physical condition of structures, land use, environmental influences, and social, cultural and economic conditions of the urban renewal area comprising the Program and has determined that the are a is a slum, blighted, deteriorating or deteriorated area and that it is detrimental and a rrenance to the safety, Health, and welfare of the inhabitants and users thereof and of the locality at large, because of existing structural and environmental conditions, and the members of this Governing Bodv have been fully apprised by the Local Public Age ncy and are a~oare of these facts and condition; and I~IIEREAS there has been prepared and referred to the City Council of the Locality (herein called the "Governing Body'') for review and approval an Urban Renewal Plan for the urban renewal area, ~rhich Plan is a mimeographed document dated October 15, 1968, consisting of a Table of Contents, eight (8) pages of narrative text, a set of maps marked for, the Urban Renewal Plan entitled, "flap URP-1, Doundary flap" , "flap URP-2, Land Use and Transportation Plan" ; Exhibit I , Boundary Description; and Exhibit A, Property Rehabilitation Standards, all maps and exhibits also bearing the date of October 15, 1968, supported by certain supplementary material, data, and recommendations not a part of the Urban Renewal Plan; and I~IIEREAS the Urban Renecral Plan has been approved by the Governing Body of the Local Public Agency, as evidenced by the copy of said Body's duly certified resolution approving the Urban Rene~ral Plan which is attached thereto; and t•JIiEREAS a general plan has been prepared and is recognized and used as a guide for the general development of the Locality as a cahole; and _2_ ND G(11(7) 42'6 ?•1HEREAS the members of the ('overning Body have general knoc~ledge of the condition, nrevailin~ in the urban rene~~al area and of the availability of Prong Iiou~inrt in the Locality for the relocation of. individuals and fanilies that may he displaced by the Program and, in the light of such l:no~-ledge of local housing conditions, ~oill carefully consider and revieca the Local Public Agency's proposals for relocation; and I.IHEREAS it is necessary that the Governing i3ody take appropriate. official action respecting the Urban ReneeTal Plan for the Program, in conformity with the contract for financial assistance beti~een the Local Public Agency and the United States of nmerica, acting by and through the Secretary of Housing and Urban Develonment~ and !•11IERBhS the Governing Body is cognizant of the conditions that are imposed in the underta}:ing and carrying out of urban renewal activities and undertaking Frith Federal financial assistance under Title I, including those nrohibitincl discrimination because of race, color, creed, or national origin: NO?J, THEPEFORE, IIr IT PESOLVED IIY THE CITY COUIJCIL OF THE CITY OF P1EST t1E1?PHIS 1. That it is hereby found and determined that the urban renewal area comprising the Program is a slum, blighted, deterioratinc7, or deteriorated area anti qualifies as an eligible area under Act 212 of the Acts of the general Assembly of the State of Arkansas for the year 1957. 2. That the Urban Renec•ral Plan for the Program, having been duly reviewed and considered, is i~ereby approved, and the City Clerk be and is hereby directed to file said cony of the Urban Rene~•~al Plan with the minutes of this meeting. 3. That it is hereby found and determined that where clearance is proposed that the objectives of the Urban P.ene~.ral Plan cannot be achieved th rough more extensive rehabilitation of portions of the urban renewal area comprising the Program. 4. That it is hereh~~ found and determined that the Urban Renewal Plan for the Program conforms to the general plan of the Locality. -3- ND 601(7) 427 e 5. That it is hereby found and determined that the financial aid to be provided pursuant to the contract for Federal financial assistance pertaining to the Program is necessart~ to enable the Program to be undertal:en in accordance with the Uri~an Renetoal Plan for the area comprising the ProcTram. 6. That it is hereby found and determined that the Urban Renetaal Plan for the urban renewal area comprising the Program twill afford maximum opportunity, consistent clltll the sound needs of the Locality as a whole, for the renet•~al of the area by private enterprise. 7. That it is hereby found and determined that the Urban Renecaal Plan for the urban renewal area gives due consideration to the provision of adeRuate nar1: and recreational areas and facilities, as may be desirable for neighborhood improvement, r~ith special con- sideration for the health, safety, and welfare of children residing in the general vicinity of the site covered by the Plan. 8. That it is hereby found and determined that the Program for the proper relocation of individuals and families displaced in carry- ing out the Urban Renewal Plan in decent, safe, and sanitary dwellings in coit£ormity with acceptable standards is feasible and can be reason- ably and timely ef.fecteti to permit the proper prdsecution and comple- tion bf the rilan~ and .that such d~Jellings or dwelling units available ar to be made available to such c~ie~laced individuals and families, -i arc at least e~jifdl in number of the fiumber of displaced .individuals and families, afe hdt t}enl~Yall+i less desirable i.n regard to, Public utilities and rubl~d aHt1 bbhM.etCial facilities than the chaellings of the dis»lacec~ in~fviduals aiicl.farml~es in the area. comprising the ~rogram~' are available at rents bi- nri~es tyi$hin the fi.rtaricial means of the. tlisplacecl ind~vic~uals ahcl families, and are reasonably accr3ssible to them blares of em~ii~i~ment: 9. That; iii or~a~i^ to itn"'bletnent ati~ facilitate the effectuation of th+ Urban i2enet~al >3lhnhtrei~v lippYoved+ it is found. and determined that certain official action must tje taken by tkiis 13bdy ~•~ith reference, atnoncl other thihr~s tc~ chanRe9 in tdniti§~ the iiacating and removal of strecte'i. alle~sy ancrt other nuhlic,i•ta~s{..the esta~lishmaht Of nec.i ~ a . vt.; z.~~ i • ,i iY~ ,~' street patterns, the location and relocation of sewer and :rater mains and other public facilities, and other public action, and, accordingly, ', this Body hereby (a) pledges its cooperation in helninq to carry out ~ the Urban Renewal Plan, (b) requests the various officials, depart- ments, boards, and agencies of the Locality having administrative responsibilities in the premises likewise to cooperate to such end and to exercise their respective functions and pourers in a manner consistent with the Urban Reneiual Plan, and (e) stands ready to consider to take appr.oririate acticst~ urion prorosals and measures designed to effectuate the Urban Renet•ral Plan. 10. That financial assistance under the provisions of Title I bf the housing Act of 19~~, as amended, is necessary to enable the land in t:he aYea comprising the program to be renecved in accordance .with the urban Jtenewal Plan for the Prrigram, and accordincJly, the proposed program and the annual increment are .approved and the Local. Pub11C Agency is authorized to file an appliCatior for financial _i assist~n~Ce under Title ~. ., _. ~ The Mayor announced to the Council letter had been received from St. Francis Levee District advising the City could lease 2,000 acres across the levee for use of a park. After discussion, motion was made by Alderman Weis, seconded by Alderman Matthews: That the City Attorney be requested to prepare a lease with St. Francis Levee District pretai.ning to property on S. 8th Street. Upon vote, the voting was as follows: Aye: Aldermen: Weis, Dabbs, Haley, Horton, Leggett, Matthews, Rodgers, and Smith. No: None. Mayor Eden reported to the Council the subdivision developers Mr. Jack Rich, Mr. Bowers Clement, and Mr. Everett Norfleet have volunteered to construct certain streets in the vicinity of Weaver Elementary School and East Junior High School due to the difficult traffic situation there. The following Resolution was presented. for consideration of the Council in the matter: RESOLUTION N0, 355 4JHEREAS, it is recognized that a difficult traffic situation has arisen in the vicinity of Weaver Elementary School and East Junior High School of the City of Weat Memphis, Arkansas, and WHEREAS, said traffic situation has resulted in a hardship being placed upon children going to and from said schools becuase of traffic congestion at the site thereof, and WHEREAS, the subdivision developers, Mr. Jack Rich, Mr. Bowers Clement, and Mr. Everett Norfleet have volunteered to remedy the existing situation by constructing certain streets in the immediate vicinity of the aforementioned schools in order to provide improved access thereto, and WHEREAS, this action is being taken by the aforementioned developers in behalf of the children attending the above mentioned schools, and said action is being done at the expense of the aforementioned developers, and NOW, THEREFORE, BE IT RESOLVED: 3~etion 1. That the City Council of the City of West Memphis hereby officially commends Mr. Jack Rich, Mr. Bowers Clement, and Mr. Everett Norfleet, the developers of the aforementioned subdivision for their civic interest in this matter and their concern and consideration for the safety and welfare of the students attending the above mationed schools, and Section 2, The City Council of the City of Weat Memphis hereby expresses its appreciation and gratitude on behalf of the City of West Memphis, Arkansas, for the position taken in this matter by these aforementioned men, all of which directly inures to the benefit of the City of Weat Memphis and the children attending these schools. Section 3. BE IT FURTHER RESOLVED, that this resolution be made a part of the official minutes of the next meeting of the Weat Memphis City Council and further, that a copy of this resolut be forwarded to Mr. Jack Rich, Mr. Bowers Clement, and Mr. 1'werett Norfleet. ~:i~f Motion was made by Alderman Dabbs seconded by Alderman P~:atthews that the Resolution be adopted as presented. Upon vote, the voting was as follows: Ayes: Aldermen: tdeis, Labbs, Haley, Horton, Leggett, Matthews, Rodgers, and Smith. Nays : P1one . City Attorney Wallin read the following letter: December 19, 1966 Hon. R. E. Eden Mayor Members of West Memphis City Council, Gentlemen: May I take this opportunity at my last meeting as a member of the West Memphis City Council to express my sincere appreciation to the MaSror, members of the Council, and the various departments of the City for their able assistance to me with the work I have endeavored to do for the City during the past seven years that I have had the honor to serve as a member of this Council. P4y associations with you and the people of this City during this time shall always remain with me, and serve as a reminder that the cooperation and concerted effort which you have given me in trying to achieve a better place for all of us to live, should continue and always remain as a matter of prime importance to the leaders of this City. I know that my interest in the business and civic affairs of our community shall continue and I will always remain happy to assist in the betterment of our City in any way that I can. Agar, it is with sincere pride that I can look back over the years of my tenure in office and realize the accomplishments and the achievements of this City and express my appreciation for the cooperation that I received in being a part of the ~emendous improvements that the City has realized though concerted effort. May I extend to all of you my sincere best wishes for the future operation and management of our City and I know that through cooperation and work you will continue this success. Paul Matthews Vice Mayor - Alderman City of West Memphis ~f~HC- Motion was made by Alderman Smith, seconded by Alderman Weis: That the Council express their gratitude to Alderman Matthews and Alderman Haley by resolution. Upon vote, the voting was as follows: Aye: Aldermen: Weis, Dabbs, Horton, Leggett, Rodgers, and Smith No: None. Aldermen Matthews and Haley abstained from voting Alderman Haley brought to the Council's attention his interest in the Youth Program of the City, and requested the Council to continue with the work. Alderman Smith requested a report on action taken on the port for Weat Memphis. The Mayor stated the engineer is making a study of the situation. Alderman Smith stated he had received a letter from Mr. Zimmerman of the Arkansas Municipal League with reference to Civil Service for Fire and Police Departments, and moved the City Attorney explore the legality of the matter, and report at the second Council Meeting in January. The motion was seconded by Alderman Leggett. Upon vote,. the voting was as follows: Aye: Aldermen: Weis, Dabbs, Haley, Horton, Leggett, Matthews, Rodgers, and Smith. No: None. Alderman Rodgers informed" the Council he was of the opinion an injustice had been done to James R. Williams inasmuch as he was not reinstated to the Police Department after he was found not guilty of a Hot, Check chaz!ge, and the case was dismissed. Alderman Rodgers brought to the Council's attention a need for a street light at the Avondale Grade School. Complaint was made that the Police Department does not escort funerals for the negro race through the city. Mayor Eden stated there is no set procedure on this as thinks is a voluntary action by the Police Officers, however, would check on the matter. After discussion a Budget Meeting was set for 3 PM Friday, December 27th, and Oaths of Office to be taken prior to the Council Meeting on January 2, 196th. No further business being presented, the meeting was adjourned. ~ . t- ,f~~~. ~~ - - MAYOR TTE ,~. ' CI ER APPROVED: JANUARY 2, 1969