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November 4, 1971~.: !r MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS , HELD ON THE 4TH DAY OF NOVEMBER, 19 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 4th day of November, 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 thR f Dabbsing named Aldermen: R. L. Smith, R. T. Bentley, W. ~ Thomas Dickerson, D. M. Grimsley, J. E. Hightower, Pritchard Horton, C. D. Hutcherson, and M. P. Scott; and City Attorney R. E . Wallin. Absent: Alderman W. L. Harris. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Meeting on October 21, 1971, were approved as read. Alderman Bentley reported Mr. James Swan of West Memphis Cab Company had been contacted pertaining to charges for packages in addition to fares, and Mr. Swan stafed some of the drivers had been making the unauthorized charge which has been ordered discontinued. Mayor Rodgers informed the Council Alderman Scott had been unable to serve on the committee to meet with the West Memphis Concerned Citizens Committee on school problems, therefore, Alderman Bentley had been appointed to replace Alderman Scott. Mayor kodgers announced the next order of business would be opening of bids for fire hose as advertised in the Evening Times on October 14th and 21st. City Attorney Wallin read the following bids: Jack Jennings Fire Department Supplies $1,529.55 Clement Safety Equipment, Inc. $2.49 per ft. Gordon B. Holloway & Associates $2.30 per ft. The bids were given to the Fire Committee to canvass, thereupon, motion was made by Alderman Grimsley, seconded by Alderman Hutcherson: That the Fire Committee be authorized to accept the lowest and best qualified bid. Upon vote, the voting was as follows: Aye: Aldermen: Smith, Bentley, Dabbs, Dickerson, Grimsley, Hightower, Horton, Hutcherson, and Scott. No: None. Bids for pickup truck as advertised in the Evening Times on October 25th and November 1st were read by City Attorney as follows: Jim Ellis Oldsmobile, Inc. $2,304.10 Chalmers Buick Co. 2,241.80 Bob Morrow Ford Sales 2,497.43 Ryan Chevrolet 2,233.37 A committee of Aldermen Dickerson and Hutcherson was appointed to canvas the bids. Motion was made by Alderman Grimsley, seconded by Alderman Bentley: That the committee be authorized to award the bid. Upon vote, the voting was as follows Aye: Aldermen: Smith, Bentley, Dabbs, Dickerson, Grimsley, Hightower, Horton, Hutcherson, and Scott. No: None . Mayor Rodgers explained plans of the Altrusa Club for a Voluntary Recy4 ing Project, and appointed Alderman Smith as the Council's representative. As requested by Alderman Scott, the matter of adoption of Rules and Regulations for the West Memphis Fire Department was considered, copy having been sent to the Aldermen for study. Motion was made by Alderman Dabbs, seconded by Alderman Hutcherson: That the Rules and Regulations be adopted. After discussion, the voting was as follows: Aye: Aldermen: Smith, Bentley, Dabbs, Dickerson, Grimsley, Hightower, Horton, Hutcherson, and Scott. No: None. City Treasurer James Browder presented the third quarter Financial Report . Park Commission Director Lee Cramer distributed copies of the Park Commission Report. Purchase of playground equipment, donation of Southland Racing Corporation, playground for Westwood Acres Area, construction of tennis courts, utilization of tennis courts at L. R. Jackson Community Center, sponsors of teams, and personal equipment were discussed. A dutch treat luncheon on November 11, 1971, at Meadowbrook Country Club was announced. A representative of Arkansas Louisiana Gas Company will be the speaker. Mayor t2odgers brought to the Council's attention Utility Commission Engineer Pat Johnson had ascertained the City is paying $b0,000 to $70,000 for electricity that is not receiving benefit from due to costs figuredion peek summer requirements, and an ordinance had been prepared for the Council's consideration in an effort to rensdy the matter. An ordinance entitled "An Ordinance To Amend Ordinance No. b82 Of The City Of West Memphis, Arkansas; Declaring An Emergency And For Other Purposes" was introduced by Alderman Smith, and City Attorney Wallin read the ordinance in full. Alderman Hutcherson, seconded by Alderman Grimsley, 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: Smith,~Bentley, Dabbs, Dickerson, Grimsley, Hightower, Horton, Hutcherson, and Scott. No: None . Thereupon the Mayor declgred that at least two-thirds of all members of the ~uuncil 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,~~ttorney. Alderman Bentley, 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: Smith, Bentley, Dabbs, Dickerson, Grimsley, Hightower, Horton, Hutcherson, and Scott. No : None . The Mayor declared that at least two-thirds of otion tobsus endcthe to the Council having cried andf therruletsuspended. The ordinance rule, the motion was ca was then read the third time by the City Attorney. Alderman Horton, 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; Smith, Bentley, Dabbs, Dickerson, Grimsley, Hightower, Horton, Hutcherson, and Scott. Not None. Alderman Hightower, seconded by Alderman Dabbs, moved that Section 3, the emergency clause, be adopted and on roll call the following voted: Aye: Aldermen: Smith, Bentley, Dabbs, Dickerson, Grimsley, Hightower, Horton, Hutcherson, and Scott. 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. 702. The ordinance read as follows: ORDINANCE N0. 702 AN ORDINANCE TO AMEND ORDINANCE N0. 682 OF THE CITY OF WEST MEMPHIS, ARKANSAS ; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES . BE IT ORDAINED BY THE CITY COUNCIL OF THE C ITY OF WEST MEMPHIS , ARKANSAS Section 1. Section 5, Sub-section 5.1 of Ordinance No. 682 of the City of West Memphis, Arkansas, is hereby amended by adding Subparagraph (g) as follows: "5.1 (g) Provided if a subdivider or developer installs and utilizes all electric appliances and facilities in said development or subdivision, then in this event, the City will pay the cost of installation of necessary electric lines to said development or subdivision. Provided further, that this provision shall apply only to a residential subdivision or development ". Section 2. All other parts and sections of Ordinance No. 682 not amended by this Ordinance, shall remain in full force and effect. Section 3. It being found and determined by the City Council of the City of West Memphis, Arkansas, that additional revenue can be generated by the installation and utilization of all-electric appliances and facilities within the various residential developments and subdivisions of the City of West Memphis, Arkansas, and said additional revenue is immediately needed 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 its passage and approval as required by law. ~*~r Mayor Rodgers inf ormed the Council the City is operating under the 1965 Gas code, which should be updated by the 1969 Code. Alderman Dabbs introduced an ordinance entitled: "An Ordinance To Repeal Ordinance No. 531 Of The City Of West Memphis, Lleclaring An Emergency And For Other Purposes" and City Attorney Wallin read the ordinance in full. gl 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: Smith, Bentley, Dabbs, Dickerson, Grimsley, Hightower, Horton, Hutcherson, and Scott. 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: Smith, Bentley, Dabbs, Dickerson, Grimsley, Hightower, Horton, Hutcherson, and Scott. 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 Bentley, seconded by Alderman Grimsley 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: Smith , Bentley, Dabbs, Dickerson, Grimsley, Hightower, Horton, Hutcherson, and Scott. No: None. Alderman Hutcherson, seconded by Alderman Smith, moved that Section 2, the emergency clause be adopted and on roll call the following voted: Aye: Aldermen: Smith, Bentley, Dabbs, Dickerson, Grimsley, Hightower, Horton, Hutcherson, and Scott. 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. 703. The ordinance read as follows: ORDINANCE N0. 703 AN ORDINANCE TO REPEAL ORDINANCE N0. 531 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, ARKANSAS Section 1. Ordinance No. 531 of the -City of West Memphis, Arkansas, adopted on the 18th day of May, 1967, is hereby repealed in its entirety. Section 2. This Ordinance being necessary for the safety, health, 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 its passage and approval as required by law. *r* An ordinance entitled "An Ordinance For The 1nsta11at0on,hAlteration, Standard Gas Code, Which Code Regulates The And Maintenance Of All Piping Of Gas Within T deCodeyAnd ProvidinghFor Authorizing The City Inspector To Enforce S si Declari An Emer enc Punishment For Violation Of Such Regulations, ~ g y And For Other Purpsoes" was introduced by Alderman Smith and the City Attorney read the ordinance in full. Alderman Hutcherson, seconded by Alde anceGinmfull~onothreehdifferent rule requiring the reading of an ordin 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: Smith, Bentley, Dabbs, Dickerson, Grimsley, Hightower, Horton, Hutcherson, and Scott. 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 Bentley, 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: Smith, Bentley, Dabbs, Dickerson, Grimsley, Highttower, Horton, Hutcherson, and Scott. 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 Horton, 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: Smith, Bentley, Dabbs, Dickerson, Grimsley, Hightower, Horton, Hutcherson, and Scott. No: None. Alderman Hightower, seconded by Alderman Dabbs, moved that Section 4, the emergency clause be adopted and on roll call the following voted: Aye: Aldermen: Smith, Bentley, Dabbs, Dickerson, Grimsley, Hightower, Horton, Hutcherson, and Scott. 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. 704. The ordinance read as follows: ORDINANCE N0. 704 AN ORDINANCE FOR THE ADOPTION OF THE SOUTHERN STANDARD GAS CODE, WHICH CODE REGULATES THE INSTALLATION, ALTERATION, AND MAINTENANCE OF ALL PIPING OF GAS WITHIN THE CITY OF WEST MEMPHIS, AUTHORIZING THE CITY INSPECTOR TO ENFORCE SAID CODE AND PROVIDING FOR PUNISH- MENT FOR VIOLATION OF SUCH REGULATIONS, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS Section 1. There is hereby adopted by the City of West Memphis, Arkansas, for the purpose of establishing rules and regulations governing the proper construction, installation and inspection of gas piping and gas appliances, the Southern Standard Gas Code, 1969, Edition, of which not less than three copies shall be filed in the Off ice of the Clerk of the City of West Memphis, Arkansas, and the same are hereby adopted and incorporated as fully as if set out at length herein and from the date on which this Ordinance shall take effect, the provisions thereof, except as hereafter amended, shall be controlling in the construction of all buildings and other structures therein contained within the City Limits of the City of West Memphis, Arkansas; provided, however, that Section 210 of said Southern Standard Gas Code, 1969 Edition, shall not be applicable to mobile homes or house trailers. Section 2. The City Inspector shall have the authority to make inspections and require compliance with said Code. Section 3. It shall be unlawful for any person, corporation, partnership, firm, association, or other entity to violate any provisions of this Ordinance, and upon conviction thereof, a fine of not to exceed $25.00 may be assess for each violation, and it is specifically intended that each separate day that a violation continues shall constitute a separate offense. Section 4. This Ordinance being necessary for the immediate safety, health and welfare of the inhabitants of the City of West Memphis, an emergency is hereby declared to exist and this Ordinance shill be in full force and effect from and after its passage and approval as required by law. *~r~ Mayor Rodgers related efforts to obtain a Food Stamp Office in West Memphis and representatives of the Little Rock Office of the United States Department of Agriculture had been contacted as to use of the northwest room in the L. R. Jackson Community Center. Inasmuch as providing office space is the obligation of the County, County Judge Brawley agreed to make the necessary alterations for the office and pay $100.00 a month for utilities. The Mayor brought to the Council's attention providing space for telephone switchboard and receptionist, and recommended bids be waived due to the urgency of the matter, shortage of carpenters, and offer of Manning Lumber Company to construct at cost of $1,300.00 to $1,500.00. Motion was made by Alderman Dobbs, seconded by Alderman Grimsley: That the bids be waived, and the Mayor be authorized to contract for the construction. Upon vote, the voting was as follows: Aye: Aldermen: Smith, Bentley, Dobbs, Dickerson, Grimsley, Hightc~r, Horton, Hutcherson, and Scott. No: None. Mayor Rodgers informed the Council County Judge Brawley rented the City's of f f ce building on S . Second Street for $ 500.00 a month, a Juvenile Program pertaining to drugs, etc. will be conducted there under Federal Government Program. Mrs. Theola Armfield presented complaint as to her arrest by Warrant served at night on October 21st for failure to stop at red signal light. Time of arrest, issuing of Summons and Warrants, misuse of judgment by officers of the Police Department, future instructions to officers serving Warrants were discussed with Chief of Police Romines. Mrs. Willie Mae Rhodes presented complaints a$ to the a e n rth o ro way between 8th and 14th Streets not receiving Urban Renewa~ ~`un~s at ~h~s ~~me, J Sq ~.. drainage, substandard condition of the area, and disinterest of property owners who have rental property in the area. Mrs. Rhodes was advised to contact the Urban Renewal Agency as to expenditure of funds, and that the City will lay culvert when purchased by property owner. Mrs. Armstrong acting as spokesman for the West Memphis Concerned Citizens Committee stated no solution had been reached after meeting with the School Board. Alderman Bentley requested Mrs. Armstrong present written proposal on solving the problem in order that the Council Committee may evaluate the matter to ascertain if there can be a feasible plan for transportation. Mr. John Denson requested additional polling places in Wards 4 and S for school elections. Motion was made by Alderman Scott, seconded by Alderman Grimsiey: That the Election Commission be requested to provide polls for Wards 4 and 5 in addition to the existing polls for school board elections. Upon vote, the voting was as follows: Aye: Aldermen: Smith, Bentley, Dabbs, Dicke rson, Grimsiey, Hightower, Hrton, Hutcherson, and Scott. No: None. Alderman Dickerson commented two shifts and detectives of the Police Department had worked without pay in order to prevent vandalism on Halloween. Alderman Grimsley ref erred to the Amended Budget due to the fact City Treasurer Browder had reported the Police Department expenses in excess of budget. No further business being presented, the meeting was adjourned. C ~ ~~~ -MAYOR ATTEST:~~ CITY CLER&~ APPROVED: November 18, 1971