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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 _, ~~ 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