January 15, 19593g
MINUTES OF REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF 'vJEST MEMPHIS,
ARKANSAS _HELD AT THE CTTY HALL IlV SAID CITY ON THE 15TH DAY CF JANUARY, 1959
On the 15th day of January, 1959, the City Council of the City of
West Memphis, Arkansas, met in the City Hall in said City in Regular Session.
The meeting was called to order at 7:30 oiclock F.M. by the Mayor, and on the
roll call the following members of the Council were found to be present:
Aldermen: R. H. Ray, Jr., L, E, ?Meson, Y. G. Sims, James Bledsoe, and
Bob Eden; and City Attorney W. H. Dillahunty,
Absent;
Aldermen: J. E. Himes, 0, I, Bo111nger, and B. J. David.
It being determined a quorum was present, the following proceedings were
had to-wit:
Minutes of Council Meeting on January 8, 1959, were approved as read,
Rev, B. E, Eldridge, Pastor of the Ingram Avenue Baptist Church, appeared and
requested a public apology for a statement supposedly made in public by Mayor Price
that he, Reverend Eldridge, was a Screwball Baptist Preacher. Mayor Price informed
Reverend Eldridge that he did not recall making the statement; however, if he had
made the statement, would certainly apologize.
Mr. Cecil U, Edmonds appeared before the Council, and the following matters
were presented:
Mr, Edmonds requested authorization of the Council to look at the records of
the Utility Commission, and was informed the proper procedure would be to request
permission from the IItility Commission. City Atmrney W. H. Dillahunty stated he
would contact the Utility Commission for Mr, Edmonds.
Mr. Edmonds inquired as to action taken on changing of the ordinances for
operation of the public library, and was informed by City Attorney Dillahunty that
he had contacted a Trustee of the Library Board to obtain recommendations of the
Board, and had not received a reply to date, Also, inasmuch as the Council Meetings
had been a week apart he had not been able to complete the ordinance establishing the
Board of Public Affairs, however, an ordinance would be presented for consideration of
the Council at the next regular meeting; the City Attorney advised Mr. Edmonds that
since he now admitted that he did not have an opinion from the Attorney General, that
the City Attorney would request same from the Attorney Generals office, as to the
propriety of members of the council and the commissions selling materials to the City.
The City Attorney further advised that upon establishment of a Board of Public Aff airs,
that this would no longer be a problem, and would be cleared up,
The purchase of the car for the Fire Chief was discussed, and Mr, Edmonds
informed the Committee had selected the car that would give the best service to the
City in their opinion. Mr, Edmonds was also advised that price alone is not the
determining factor in the purchase of items. He was advised that many times, the
cheapest item will not do the best fob and serve the best interest of the public.
Mayor Price explained the system used by the City for accounting of gasoline
mileage by city vehiclea and stated additional vehicles had been in operation in
19$8 thereby increasing the number of gallons of gasoline purchased.
Mr. Edmonds questioned the purchase of materials from the same companies, and
Piayor Price stated if other companies in the city request the business from the City,
and their prices are competitive they would be given consideration.
Purchase of the asphalt plant by the City, its operation, and condition were
discussed,
Mr. Edmonds gave a dissertation on the elections in West Memphis and the regulations
pertaining thereto, and brought out his own opinion that he would prefer to have a City
Manager form of government Ynr West Memphis, and stated that this was going to be his
civlc project, This was only the opinion of Mr. Edmonds.
Mayor Price inf ormed the Council the next order of business would be hearing on
zoning of Blocks One to Six of Fourth Rich Eastern Addition to the City of West Memphis
as ~'A" Single Family Residential District. The Notice of Zoning published on December 22nd
and 29th was read, No one appeared to object to said zoning, thereupon, motion was made
by Alderman Ray and seconded by Alderman Eden: That the area be zoned ~'A" residential.
Upon vote, the voting was as follows:
Yea: Aldermen: Ray, Roleson, Sims, Bledsoe, and Eden.
Nay: None.
An ordinance entitled "An Ordinance To Zone Blocks One To Six Both Inclusive Of
Qburth Rich Eastern Addition To The City Of West Memphis, Lying In The Southwest Quarter
(SW~) of Section Nine (9), Township Six (6) North, Range Nine (9) East, Crittenden County,
Arkansas" was read the first time, Motionwas made by Alderman Ray and seconded by
Alderman Bledsoe: That the first reading of said ordinance be approved. Upon vote, the
voting was as follows:
Yea: Aldermen: Ray, Roleson, Sims. Bledsoe, and Eden.
Nay: None.
Attorney J. H. Spears presented a Revised Plat o£ Block 7, Lots 23 Thru 35 and
Block 8 Lots 5 thru 18 and 2!t thru 36 of Avalon Heights Extension, Lying in the NWT of
Section 12, T-6-N, R-B-E of Crittenden County, Arkansas. After discussion, motion was
made by Alderman Roleson and seconded by Alderman Sims: That the Replat of Blocks 7 and
8 0£ Avalon Heights Extension be approved, Upon vote, the voting was as follows:
Yea: Aldermen: Ray, Roleson, Sims, Bledsoe, and Eden.
Nay: None.
Attorney Spears informed the Council he would present an ordinance for approval of the
plat at the next meeting of the Council.
A Resolution Approving Cooperation Agreement With the Housing Authority of the
City of West Memphis, Arkansas was read in full, considered, and discussed, Alderman
Bledsoe moved its adoption and Alderman Roleson seconded the motion. Upon vote, the
following vote was recorded:
Aye: Aldermen: Ray, Roleson, Sims, Bledsoe, and Eden.
Nay: None.
Thereupon the resolution was declared duly adopted and passed. The Resolution read
as follows:
RESOLUTION N0, 213
RESOLUTION APPROVING COOPERATION AGREEMENT WITH THE
HOUSING AUTHORITY OF THE CITY OF WEST MMM3HIS, ARKAABAS,
BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS as follows:
1. The Cooperation Agreement between the City of West Memphis, Arkansas and the
Housing Authority of the City of West Memphis, Arkansas, is hereby approved.
2. The Mayor is hereby authorised and directed to execute the Cooperation Agreement
in the name of and the City Clerk is hereby directed to seal and attest the
Cooperation Agreement with the seal of the City of West Memphis, Arkansas.
3. This resolution shall become effective immediately.
h. The Cooperation Agreement referred to in Section 1 is in the following form,
to-wit:
COOPERATION AGREEMENT
This Agreement entered into this 15th day of January, 1959, by and between
Housing Authority of the City of West Memphis, Arkansas (herein called the "Local
Authority") and City of West Memphis, Arkansas (herein called the "Piunicipality"),
witnesseth:
In consideration of the mutual covenants hereinafter set forth, the parties hereto
do agree as follows:
1. Whenever used in this Agreement:
(a) The term "Project" shall mean any low-rent housing hereafter
developed as an entity by the Local Authority with financial assistance
of the Public Housing Administration (herein called the "PHA"); exclud-
ing, however, any low-rent housing project covered by any contract for loans and
annual contributions entered into between the Local Authority and the PHA, or
its predecessor agencies, prior to the date of this Agreement.
(b) The term "Tatting Hody" shall mean the State or any political subdivision
or taxing unit thereof in which a Project is situated and which would have
authority to assess or levy real or personal property taxes or to certify
such taxes to a taxing body or public officer to be levied for its use and
benefit with respect to a Project if it were not exempt £rom taxation.
(c) The term "Shelter Rent" shall mean the total of all charges to all
tenants o£ a Project for dwelli.n rents and nondwelling rents (excluding
all other income of such Project, less the cost to the Local Authority
of all dwelling and nondwelling utilities.
~:a
_-- _ _
.I ---- - -- -- -----
(d) The term "Slum" shall mean any area where dwellings
predominate which, by reason of dilapidation, overhrowding,
faulty arrangement or design, lack of ventilation, light or
sanitation facilities, or any combination of these factors,
are detrimental to safety, health, or morals.
2. The bocal Authority shall endeavor (a) to secure a contract or contracts
with the PHA for loans and annual contributions covering one or more Projects
comprising apprrximately 300 units of low-rent housing and (b) to develop and
administer such Project or Projects, each of which shall be located within the
corporate limits of the *gnicipality. The obligations of the parties hereto
shall apply to each such Project.
3. (a) Under the constitution and statutes o£ the State of Arkansas, all
Projects are exempt from all real and personal property taxes and special assess-
ments levied or imposed by any Taxing Hody. Truth respect to any Froject, so long
as either (i) such Project is owned by a public body or governmental agency and
is used for low-rent housing purposes, or (ii) any contract between the Local
Authority and the PHA for loans or annual contributions, or both, in connection
with snch Project remains in force and effect, or (iii) any bonds issued in
connection with such Project or any monies due to the PHA in connection with such
Project remain unpaid, whichever period is the longest, the Municipality agrees
that it will not levy or impose any real or personal property taxes or special
assessments upon such Project or upon the Local Authority with respect thereto.
During such period, the Local Authority shall make annual payments (herein called
"Payments in Lieu of Taxes") 3.n lieu of such taxes and special assessments and in
payment for the Public services and facilities furnished From time to time without
other cost or charge for or with respect to such Froject.
(b) Each such annual Pa3Rnent in Lieu of Taxes shall be made after the
end of the fiscal year established for such Project, and shall be in an amount
equal to either (i) ten percent (lOj) of the aggregate Shelter Rent actually
collected but in no event to exceed the Shelter Rent charged by the Local
Authority in respect to such Project during such fiscal year, or (ii) the amount
permitted to be paid by applicable state law in effect on the date such payment is
made, whichever amount is the lower.
(c) The ]Local Authority shall distribute the Payments in Lieu of Taxes
among the Taxing Bodies in the proportion which the real property taxes which
would have been paid to each Taxing Body for such year if the Project were not
exempt from taxation bears to the total real property taxes which would have been
paid to all of the Taxing Bodies for such year if the Project were not exempt from
taxation; Provided, however, That no payment for any year shall be made to any
Taxing Body in excess of the amount of the real property taxes which would have
been paid to such Taxing Body for such year if the Project were not exempt from
taxation.
(d) Upon failure of the Locel Authority to make any Payment in Lieu of
Taxes, no lien against any Froject or assets of the Local Authority shall attach,
nor shall any interest or penalties accrue or attach on account thereof.
Lt. The Municipality agrees that, subsequent to the date of initiation (as
defined in the United States Housing Act of 1937, as amended) of each Project and
-p.thin five years after the completion thereof, or such further period as mewy be
approved by the PHA, there has been or will be elimination (as approved by the
PHA) by demoliton, condemnation, effective closing, or compulsory repair or
improvement, of unsafe or insanitary dwelling units situated in the locality or
metropolitan area in which such Project is located, substantially equal in number
to the number of newly constructed and purchased dwelling units provided by such
Project; Provided, That, where more than one family is living in an unsafe or
insanitary dwelling unit, the elimination of such unit shall count as the elimination
of units equal to the number of families accommodate therein; and Provided, further,
That this paragraph 4 shall not apply in the case of (i) any Project developed on the
site of a Shun cleared subsequent to July 15, 1959, and that the dwelling units
eliminated by the clearance of the site o£ such Project shall not be counted as
elimination for any other Project or any other low-rent housing project, or (ii) any
Project located in a rural nonfarm area.
5. During the period commencing with the date of the acquisition of any
part of the site or sites of any Project and continuing so long as either (i)
such Project is owned by a public body or governmental agency and is used for
low-rent housing purposes. or (ii) any contract between the Local Authority and the
PHA for loans or annual contributions, or both, in connection with such Project
remains in force and effect, or (iii) any bonds issued in connection with such
Project or any monies due to the PHA in connection with such Project remain unpaid,
whichever period is the longest, the i~tunicipality without cost or charge to the
Local Authority or the tenants of such Project (other than the Payments in Lieu of
Taxes) shall:
(a) P<zx•nish or cause to be furnished to the Local Authority- and
the tenants of such Project public services and facilities of the
same character and to the same extent as are furnished. from time
to time without cost or charge to other dwellings and inhabitants
in the ?wiuricipality; and
(b) Vacate such streets, roads, and alleys within the area of
such Froject as may be necessary in the develepment thereof. and
convey without charge to the Local Authority such interest as the
Piunicipality may have in such vacated areas, and, in so far as it
is lawfully able to do so wahout cost or expense to the Local
Authority or to the Municipality, cause to be remcved from such
vacated areas, in so far as it may be necessary. all public or
private uti]ity lines and equipment;
(c) Ir. so far as the P:unicipality may lawfully do so, (i) grant
such cteviatiors from the building code of the ?:unicipality as are
reasonable and necessary to promote economy and efficiency in the
development and administration of such Project, and at the same
time safeguar health and safety, and (ii) make such changes in any
zoning of the site and surrounding territory o£ such Project as are
reasonable and necessary for the develepment and prdectior. of such
Project and the surrounding territory;
(d) Accept grants of easements necessary for the development of
such Project; and
(e) Cooperate with the Local Authority by such other lawful action
or ways as the i+tuuicipality and the Local Authority may find neces-
sary in connection with the development and administration o£ such
Project.
6. In respect to any Project the Municipality further agrees that t.rithin
a reasonable time after receipt of a written request therefor from the Local
Authority:
(a) It will accept the dedication o£ all interior streets, roads,
alleys, and adjacent sidewalks within the area of such Project,
together with all storm and sanitary sewer mains in such dedicated
areas, after the Local Authority, at its own e5:pense, has completed
the grading, improvement, paving, and installation thereof in
accordance with specifications acceptable to the P?unicipality;
(b) It will accept necessary dedications of land for, and will
gx•ade, improve, pave, and provide sidewalks for, all streets
bounding such Froject or necessary to provide adequate access
thereto (in consideration whereo£ the Local Authority shall pay
to the Nnuxicipality such amount as would be assessed against the
Project site for such work i£ such site were privately owned); and
(c) Zt will provide, or cause to be provided, water mains, and
storm and sanitary sewer mains, leading to such Project and serving
the bounding streets thereof (i:n consideration whereof the Local
Authority shall pay to the iiunicipality such amount as would be
assessed against the Froject site for such worl: if such site were
privately owned},
7. If by reason of the Niurxicipa]ity~s failure or refusal to furnish or
cause to be furnished any pubic services or facilities which it has agreed
hereunder to furnish or to cause to be furnished to the Local Authority or to
the tenants of any Froject, tkie Local Authority incurs any expense to obtain
such services or facilities then the Local Authority may deduct the amount of
such expense from any Fayments in Lieu of Taxes due or to become due to the
Yiunicipality in respect to any Project or any otY:er low-rent housing projects
otaned or operated by the Local Authority.
E. No Cooperation Agreement heretofore entered into between the
24unicipality and the Local Authority shall be construed to apply to any Project
covered by this Agreement,
9. So long as any contract between the Local Authority and the PHA for
loans {including preliminary loans) or annual contributions, or both, in
connection with any Project remains in force and effect or so long as any
bonds issued in connection with any Project or any monies due to the PHA in
connection with any Project remain unpaid, this Agreement shall not be
abrogated, changed, or modified without the consent of the PHA, The privileges
and obligations of the Municipality hereunder shall remain in ful]. force and
effect with respect to each Froject so long as the beneficial titled to such
Project is held by the Local Authority or by any other public body or govern-
mental agency, including the PHA, authorized by law to engage in the development
or administration o£ low_rent housing projects. Lf at any time the beneficial
titled to, or possession of, any Project is held by such other public body or
governmental agency, including the FHA, the provisions hereof shall inure to
the benefit of and may be enforced by, such other public body or governmental
agency, including the PHA.
n _,
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10. In addition to the Payments in Lieu of Taxes and in further cons-
deration for the public services and facilities furnished and to be furnished
in respect to any Project for which no Annual Contributions Contract had been
entered into prior to August 2, 1954, between the Local Authority and the PHA;
(1) After payment in full of all obligations of the Local Authority in
connection with such Project for which any annual contributions are pledged
and until the total amount of annual contributions paid by the PHA in respect
to such Project has been repaid, (a} all receipts in connection with such
Project in excess o£ expenditures necessary for the management, operation,
maintenance, or financing, and for reasonable reserves therefor, shall be paid
annually to the PHA and to the Municipality on behalf of the local public .
bodies which have contributed to such Project in the form o£ tax exemption or
otherwise, in proportion to the aggregate contribution which the PHA and such
local public bodies have made to such Project, and (b) no debt in respect to
such Project, except for necessary expenditures for such Project, shall be
incurred by the Local Authority;
(2) If, at any time, such Project or any part thereof is sold, such
sale shall be to the highestresnonsible bidder after advertising, or at fair
marlret value as approved by the PHA, and the proceeds of such sale, together
w-itn any reserves, after application to any outstanding debt of the Local
Authority in respect to such Project, shall be paid to the PHA and local public
bodies as provided in clause 1(a) of this Section 10: Provided, That the
amounts to be paid to the PHA and the local public bodies shall not exceed their
respective total contribution to such Project:
(d) The Municipality shall distribute the payments made to it pursuant to
clauses (1) and (2) of this Section 10 ammng' the local public bodies
(including the Municipality) in proportion to their respective aggregate contri-
butions to such Project.
1N WITNESS ~+iF~RBOF the Municipality and the Local Authority have respectively
signed this Agreement and caused their seals to be affixed and attested as of the
day and year first above written.
CITY OF WEST MEMPHIS, ARKANSAS
B9
(Seal)
Attest:
HOUSIfdG AUTHORITY OF THE CITY OF
WEST MEMPHIS, ARKANSAS
(Seal)
Attest:
A Resolution Approving Application For Preliminary Loan For Low-Rent Public
Housing was read in full, considered, and discussed. Alderman Ray moved its
adoption and Alderman Roleson seconded the motion. Upon vote, the following vote
was recorded:
Aye: Aldermen: Ray, Roleson, Sims, Bledsoe, and Eden.
Nay: None.
Thereupon the resolution was declared duly adopted and passed, The resolution
read as follows:
(PAGE SILZPPED IN ERROR)
~~:
RESOLUTION N0. 2].!i
RESOLUTI021 APPROVIIQC APPLICATIOid FOR PRELIMINARY LOAN
FOR LOW-RENT PUBLIC HOUSING
TiJfiEREAS, it is the poLc3' of this locality to eliminate substandard and other
inadecuate 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 for all
of its citizens; and
WfiIIi.EAS, under the provisions of the United States Housing Act o£ 1937, as
amended, the Public Housing Administration is authorized to provide financial
assistance to local public housing agencies for undertaking and carrying out
preliminary planning of low-rent housing projects that will assist in meeting this
goal; and
WI~REAS, the Act provides that there shall be local determinate on of need for
low-rent housing to meet needs not being adequately met by private enterprise and
that the Public Housing Administration 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 o£ the City o£ West Memphis, Arkansas, (herein
called the 'Local Authority") is a public housing agency and is applying to the
Public Housing Administration 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 Council of the City of West Memphis,
Arkansas, as follows:
1, There exists in the City of West Memphis, Arkansas a need for such low-rent
housing at rents within the means o£ low income families;
2. The application of the Local Authority to the Public Housing Administration
for a preliminary loan in an amount not to exceed ,27,500 for surveys and planning in
commenction with low_rent housing projects o£ not to exceed approximately 15O dwelling
units is hereby approved,
A Resolution Expressing Assurance Of Purpose And Intent To Develop And Submit
For Approval By The Housing And Home Finance Agency Of The Federal Government A
'dorkable program For West Memphis, Arkansas, was read in full, considered, and
discussed. Alderman Ray moved its adoption and Alderman Bledsoe seconded the motion.
IIpon vote, the following vote was recorded:
Aye: Aldermen: RaV, Roleson, Sims, Bledsoe, and Eden.
Nay: None.
Thereupon the resolution was declared duly adopted and passed. The Resolution read as
follows:
RESOLUTZON N0. 215
A RESOLUTION EXPRESSING ASSURANCE OF PURPOSE AND INTENT TO DEVELOP AND
SUBMIT FOR APPROVAL BY THE HOUSING AND HOME FINANCE AGENCY OF THE
FEDERAL GOVERNN1ErIT A WORKABLE PROGRAM FOR WEST MEMPHIS, ARKANSAS
L~FiEAS, it is anticipated that application for certain Federal financial
assistance will be made to the Public Housing Administration by or on behalf of the
City of West Memphis, Arkansas; and,
WHEREAS, the governing body of the City of 'nest Memphis, Arkansas, has been fully
informed relative to the requirements of Federal law that to qualify far such Federal
aid it must submit to the Housing and Home Finance Agency a workable program which
shall include an official plan of action, as it exists from time to time, for effect-
ively dealing with the problem of urban slums and blight within the community and for
the establishment and preservation of awell-planned community wlth well-organized
environment £or adequate family life; and,
WHEREAS, it is the present desire, purpose and intent of the governing body of the
City of ldest Memphis, Arkansas, to utilize appropriate available private and public
resources to the end that our community may rid itself of and prevent the development or
spread of slums and urban blight and to undertake such of the aforesaid or other feasible
community activities as may be suitable employed to achieve these objectives: NOW,
THEREFORE,
BE IT RESOLVED BY the City Council of West Memphis, State of Arkansas, that there
be recorded this expression of our understanding of the responsibilites which this
City of West Memphis, Arkansas must assume in preparing, presenting for approval and.
carrying out to accomplishment a "Workable Program's in and for our community, and that
the Regional Administrator of the Housing and home Finance Agency be assured of our
desire, purpose and intent of preparing and submitting for approval an appropriate
"Workable Program" for this community on or before the date which shall be established
for the execution of an Annual Contributions Contract for the low_rent housing project
of the Housing Authority of West Memphis, Arkansas.
BE TT RESOLVED FURTHER THAT Mayor Howell B, Price be, and he is hereby authorized
and directed to submit to the Regional Administrator of the Housing and Home Finance
Agency a certified copy of this Resolution as evidence of the good faith, intent and
purpose of this body to develop and submit on or before the indicated date an appropriate
"Workable Program" for our community,
Passed and Adopted this 15th day of January, A. D., 1959.
;ter:.-,.., .. „
Annual Reports as to Financial Condition of Curb and Gutter improvement District
No. 3 and Street Improvement District No. 4 of West Memphis, Arkansas as of December 31,
1958, prepared by Harry F. Dodge, Certified public Accountant were presented and ordered.
filed.
Mayor Price brought to the Council's attention the next regular meeting of the
Council would be on February 5, 1959, the date of the Chamber of Commerce banquet. The
matter was discussed, and meeting set for Wednesday, February !t, 1959, at 7:30 P,Pi.
No further business appearing before the Council, motion was made by Alderman Dledsoe
and seconded by Alderman Eden to adjourn. Upon vote, the voting was as follows:
Yea: Aldermen: Ray, Roleson, Sims, Bledsoe and Eden.
Nay: None.
_ _ _.
ATTE~~%~ ~,t~ ~ NiAYCR
CITY Y.
APPROVED: F'EBRU.4RY la, 1959