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October 21, 1971_~ MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HELD ON THE 21ST UAY OF OCTOB$~ 29 71• The Council of the City of West Memphis, in the County of Crittenden, State of Arkansas, met in regular session in the City Hall in said City at 1:30 o'clock p.m. on the 21st day of October, 1971. The meeting was called to order by the Mayor, and the roll being called there were: Present: Tilden Rodgers, Mayor in the chair, and the following named Aldermen: M. P. Scott, R. L. Smith, R. T. Bentley, W. R. Dabbs, Thomas Dickerson, D. M. Grimsley, Pritchard Horton, and C . D . Hutcherson y and City Attorney R. E. Wallin. Absent: Aldermen: W. L. Harris and J. E. Hightower. It being determined a quorum was present, the following proceedings were had to-wit Minutes of Council Meeting on October 7, 1971, were approved as read. Aldermen Hightower and Harris made delayed appearances. Mayor Rodgers informed the Council signs for traffic control have been erected in the southeastern sectf on of the City. Alderman Smith, Street Committee Chairman, reported the low bid of Marion Equipment Co., Inc. F.O.B. the job in the amount of $2,502.87 had been accepted of ter receiving statement that meets qualifications. Also, Mr. Sam Cross, an engineer member of the Committee, is prepearing specifi- cations for streets. Recommendation of the Street Committee the City purchase asphalt plant and allied equipment was presented by Alderman Smith, who moved that the City purchase the plant from Hawkins Equipment Company in the net amount of $40,563.00 plus 3% Sales Tax. The motion was seconded __ by Alderman Dickerson. Aldermen Harris and Bentley presented views in opposition to purchase of asphalt plant. Permit to be issued by the ained Pollution Board in Little Rock, employment of additional man to be tr by Hawkins Equipment Company, and expense of overlaying the streets were discussed. Upon roll call vote, the voting was as follows: Aye: Aldermen Scott, Smith, Dabbs, Dickerson, and Horton. No: Aldermen Bentley, Grimsley, and Harris. Aldermen Hightower and Hutcherson abstained from voting. The motion carried. Mayor Rodgers announced the next order of business would be the hearing on Ordinance No. b99 an ordinance entitled "An Ordinance Authorizing The Issuance Of Public Utilfty Revenue Bonds For The Purpose Of Financing The Cost Of Constructing And Equipping Public Utility System Improvements At The City Of Est Memphis, Arkansas; Providing For The Payment Of The Bonds; Prescribing Other Matters Relating Thereto; And Declaring An Emergency" as advertised in the Evening Times on October 11, 1971. No one appeared to object or present suggestions. Certif icate of Appointment of Conmaissioners Of The Urban Renewal Agency of the City of West Memphis, Arkansas was presented as follows: CERTIFICATE OF APPOINTMENT OF C0M~iISSIONERS OF THE URBAN RENEWAL AGENCY OF THE CITY OF WEST MEMPHIS, ARKANSAS WHEREAS, the Commissioners of The Urban Renewal Agency of the City of West Memphis, Arkansas held a duly authorized regular meeting on the 12th-day of October, 1971, at which meeting Charles Douglas, Jr. and W. F. Slaughter were appointed to fill the unexpired terms of B. B. McCarley and Hilliard McClinton respectively. DONE this 12th day of October, 1971. /S/ W. L. HARBOUR, JR., Chairman LINDSEY J . FAIRLEY, Secretary ~'r~ik~tc Motion was made by Alderman Scott, seconded by Alderman Grimsley: Recommendations of the Urban Renewal Agency as to appointment of C. Douglas, Jr. and W. F. Slaughter be accepted. Upon vote, the voting was as follows: Aye: Aldermen; Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. No: None. Mayor Rodgers informed the Council of concentrated effort to prevent dogs running at large, and had requested the City Attorney prepare an ordinance prohibiting cats from running at large. Thereupon an ordinance entitled "An Ordinance Prohibiting Cats From Running At Large Within The Corporate Limits Of The City Of West Memphis, Arkansas; Authorizing The Impounding Of Cats Running At Large; Providing A Penalty For Violation Of This Ordinance; Declaring An Emergency And For Other Purposes" was introduced by Alderman Dabbs, and the City Attorney read the ordinance in full. Alderman Hightower, seconded by Alderman Scott, 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: Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. 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 Horton, seconded by Alderman Dickerson 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: S Cott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. No: None . cam. 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 Grimsley, seconded by Alderman Hutcherson, 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: Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. No : None . Alderman Grimsley, seconded by Alderman Hutcherson, moved that Section 5, the emergency clause be adopted, and on roll call the following voted: Aye: Aldermen: Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. 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. 700. The ordinance read as follows: ORDINANCE N0. 700 AN ORDINANCE PROHIBITING CATS FROM RUNNING AT LARGE WITHIN THE CORPORATE LIMITS OF THE CITY OF WEST MEMPHIS, ARKANSAS; AUTHORIZING THE IMPOUN DING OF CATS RUNNING AT LARGE; PROVIDING A PENALTY FOR VIOLATION OF THE ORDINANCE; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1. Definitions Of Terms. As used in this Ordinance, unless the context otherwise indicates. (A) "CAT" shall be intended to mean both male and female. (B) "OWNER" shall be irtte~ded to mean any person, persons, fttn, association or corporation, owning, keeping or harboring a cat. (C) "AT LARGE " shall be intended to mean off the premises of the owner, and not under the control of the owner, either by leash, cord, chain, or other-~ wise. Section 2. RUNNING AT LADE PROHIBITED. No owner or keeper of any cat shall permit such cat to run at large outside the boundary lines of the property of the owner or keeper of said cat. Section 3. IMPOUNDING. It shall be the duty of the pound master or other designated official to apprehend any cat found running at large contrary to the provisions of this Ordinance and to impound such cat in the City Pound or other suitable place. The pound master or other designated official, upon receiving any cat, shall make a complete registery, entering the breed, color, and sex of such cat. Section 4. NOTICE TO OWNER & REDEMPTION . Not later than three (3) days of ter the impounding of any such cat, the owner shall be notified, or the owner is unknown, written notice shall be posted for five (5) days at three or more conspicuous places in the City of West Memphis, describing the cat, and the place and time of taking same. The owner of any cat so impounded may reclaim such cat upon payment of all costs incurred by the City of West Memphis for impounding and maintenance of said cat. ~ °~ Section 5. PENALTY. Any owner of a cat found to be running at large in violation of the provisions of this Ordinance shall be guilty of a misdemeanor and upon conviction shall be fined in the sum of $10.00. Section 6. It being found and determined by the City Coucil of the City of West Memphis, Arkansas, that numerous cats are running at large within said City, creating a health problem, and-the City is presently without adequate means to cope with said problem, an emergency is hereby declared to exist and this Ordinance shall be in effect immediately from and of ter its passage and approval as required by law. The Mayor brought to the Council's attention a newspaper item that some cities have designated Halloween Saturday, October 30th instead of Sunday, October 31st. After discussion, motion was-made by Alderman Bentley, seconded by Alderman Grimsleys Saturday, October 30, 1971, be designated as official day for Halloween. Upon vote, the voting was as follows: Aye: Aldermen: Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. No: None . Mr. C. D. Shelton, acting as spokesman for a group,"Concerned Parents " requested the Council provide transportation for school children due to Federal Court orders. After lengthy discussion of the School Board, hardships due to winter weather, NAACP Funds, civic group participation, donations, and responsability of the School District and City, Mayor Rodgers appointed a committee of Alderman Scott, Chairman. and Aldermen Hightower and Horton to work with a committee of parents on the problem. Mr. Tom Coleman, Executive Director of the Urban Renewal Agency introduced Mr. William L. Walker, Director of the State Office of Equal Opportunity for the Department of Housing and Urban Development, Mx. Sterling Cockrill, Jr, Special Assistant to the Area Director, and Mr. Clarence Sabers, Assistant• who had met with the city officials and toured the Urban Renewal Area. Mr. Walker commended the City for progressive steps. An ordinance clarifing authority of the Utility Commission prepared by City Attorney Wallin was presented. The ordinance entitled "An Ordinance To Amend Ordinance No. 688 Of 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 Hutcherson, seconded by Alderman Grimsley moved that the rule requir- ing 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 follow- ing voted: ~.. Aye: Aldermen; Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Hutcherson. No; Alderman: Horton. 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 Harris, seconded by Alderman Bentley 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: Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Hutcherson. No: Alderman: Horton. f~ 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 Dickerson, seconded by Alderman Scott, 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: Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, and Hutcherson. No: Alderman Horton. Alderman Hightower, seconded by Alderman Dabbs, moved that Section 3, the emergency clause be adopted, and on roll call the following voted: Aye: Aldermen: Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, and Hutcherson. No: Alderman Horton. 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 N o. 701. The ordinancg read as follows: ORDINANCE N0. 701 AN ORDINANCE TO AMEND ORDINANCE N0. 688 OF THE CITY OF WEST MEMPHIS ; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, AKKANSAS Section 1. Section 1 Of Ordinance No. 688, amending Section 5 of Ordinance No. 292 of the City of West Memphis, Arkansas, is hereby amended to read as follows "Section 5. The West Memphis Utility Comanission shall prepare an annual budget which must be submitted to the West Memphis City Council for approval beginning December 1, 1971, and each successive year thereaf ter. The Commissioners appointed; hereunder shall have power and authority to manage, control, operate, improve, maintain, extend and enlarge the municipal utility systems in-said City and Territory in vicinity thereof and a majority of the Board of Commissioners shall constitute a quorum for transacting all business but it shall require the approval of a majority of the entire Board for any action of any meeting to become the action of the Board of Uti~ty Commissioners and shall have f uli charge of said plants or systems including the right to employ or remove and/or discharge any and all assistants, supervisor, foremen, clerks, bookkeepers and employees and to fix and regulate their salaries, provided, that effective as of the date of passage of this Ordinance, all salary increases and/or the employment of any person whose salary, including travel expense, exceeds $10,000.00 annually, must be approved by the West Memphis City Council. The Commissioners shall have authority and power to employ engineers, auditors, and accountants when the need and occasion arises. Said Connnissioners shall not have any authority to sell, mortgage or incumber said utilities, plants or systems." Section 2. All Ordinances or parts of Ordinances in conflict with are hereby repealed . Section 3. It being found and determined by the City Council of the City of West Memphis, Arkansas, that certain modifications need to be made immediately to Ordinance 688 of the City of West Memphis, Arkansas, in the interest of the health, safety and welfare of the inhabitants of the City of West Memphis, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect from and after the date of its passage and approval. *~c~r The following letter from Westwood Acres Civic Association was read: West Memphis City ~%ouncil West Memphis, Arkansas Attention: Mayor Tilden Rodgers Gentlemen: I am writing in behalf of the Westwood Acres Civic Association in relation to the proposed new park at the corner of Vanderbilt and Rice . As you know, our section is fast growing as evidenced by the continued construction of new homes and apartments. We in Westwood Acres, with our many children, feel that there is a definite need for a park on this proposed site to serve not only our children, but those adults who utilize this type of facility. We can appreciate the perplexing problem the City has when looking at a proposed expenditure of this size, but, lacking specific laws deman~ing donation of park area in a development such as out, there is little incentive for land owners to donate property for parks. Thus we are faced with the fact that unless the City bees to purchase park property, our children will have no parks, as the developers will continually try to relocate the proposed site further to the West. Children are not only the future of West Memphis, but of the country, and we must provide them parks to occupy their spare time and point them in the proper direction. We mush look at the money required not as an expense, but an investment. Your support in placing the needed funds into next years budget will be greatly appreciated. If our assocation can be of any assistance, please do not hesitate to contact the writer. Respectfully yours, BRUCE D . PERRY President Westwood Acres Civic Association ~r*~ic~k~lr Mayor Rodgers commented on plans for City Employee Hollis Warren to give full time to city street work, and promote employee Theodore Robinson head of the Sanitation Department thereby requiring an additional pickup truck. Motion was made by Alderman Horton, seconded by Alderman Grimsley: The Mayor be authorized to advertise for a pickup truck. Upon vote, the voting was as follows : Aye: Aldermen: Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. No: None . Alderman Smith requested information as to construction bids for Evans Products Company and suggested an ordinance be draf ted requiring future construction under Act 9 Bond Issues be sealed bids. alderman Bentley presented complaints from citizens as to local cab company charging 10~ a parcel in addition to fare. Mayor Rodgers requested AAlderman Bentley contact Mr. James Swan, operator of the licensed cab company, pertaining to the complaints. Alderman Scott requested the matter of Rules and Regulations for Fire Department be placed on the November 4th Agenda. No further business being presented, the meeting was adjourned. ~:~~ ATTES .. C Y CLERK APPROVED: NOVEMBER 4, 19 7 MAYOR