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April 20, 1972 MINUTES OF A REGULAR MEETING OF THE CITY CUUNCIL OF THE CITY GF WEST MEMPHIS , ARKANSAS , HELD UN THE 20TH DAY OF APRIL, 19 72 . The City Council of the City of West Memphis, Arkansas met in regular session at its regular meeting place in West Memphis, Arkansas at 1:30 o'clock p.m., on the 20th day of April, 1972. The following were present: Mayor Tilden lodgers; City Attorney R. E. Wallin, and Aldermen W. R. Dabbs, Thomas Dickerson, D. M. Grimsley, James E. Hightower, Pritchard Horton, C. D. Hutcherson, M. P. Scott, R. L. Smith, and R. T. Bentley. Absent Alderman F~~. L. Harris . It being determined a quorum was present, the following proceedings were had to wit: Alderman Scott reported the Committee composed of Aldermen Dabbs, Harris, and himself to purchase Council table and chairs had contacted r1r. Pat Magruder, Architect, as to design of table for the Mayor and Aldermen to face the audience .during Council Session also be adaptable for the Court's use. Manning Lumber Company will construct table for $975.00 or manufactured price will be $1,050.00. Alderman Scott related efforts to .obtain chairs at cost, but was unable to do so and Crittenden Publishing Company will charge list price plus 10% and freight a total of $1254.00 for 12 chairs. After discussion, motion was made by Alderman Scott, seconded by Alderman Dabbs: That the table and chairs be purchased. Upon vote, the voting was as follows: Aye: Aldermen: Dabbs, Dickerson, Grimsley, Hightower, Horton, Hutcherson, Scott, Smith, and Bentley. No : None . The chair purchase being in excess of $1,000.00 motion was made by Alderman Scott, seconded by Alderman Hutcherson: That bids be waived for purchase of chairs from Crittenden Publishing Company. Upon vote, the voting was as follows: Aye: Aldermen: Dabbs, Dickerson, Grimsley, Hightower, Horton, Hutcherson, Scott, Smith, and Bentley. No: None. Alderman Scott rJ~as excused from the meeting . Alderman Smith informed the Council the lime stablization specifications have been filed in the Engineer's Uffice, and recommendations for street construction will be presented later. City Attorney Wallin read the following letter from dir. Herschel H. Friday: Mr . Skip Wallin Attorney At Law 318 East Bond Street West Memphis, Arkansas 72301 Re: City of West riemphis, Arkansas - Langston Bag Froject Dear Skip: This will confirm my telephone conversations with you and with Mr. Britton and Mr. Langston of Langston Bag Company concerning the construction of expansion facilities at the Langston Bag plant at West Memphis, Arkansas. Mr. Britton and Mr. Langston have authorized me to advise you that the contract for the contemplated construction will be awarded on such bidding arrangements among contractors as are acceptable to the City. In this regard, it is proposed that competitive bids will be received from all contractors in West Memphis and this area who are interested in bidding on the job. You will note that we did not include the paragraph in the bond ordinance waiving competitive bidding and I trust that this letter will answer the inquiries propounded by members of the Council. It is very important that tae go forward with the financing and I shall very much appreciate it if the Council will adopt the bond ordinance at its meeting on Thursday, April 20, 1972. Personal regards. Sincerely, /S/ Herschel H. Friday ~~ After discussion, motion was made by Alderman Smith, seconded by Alderman Bentley: That letter be written stating Council desires contracts for Langston Bag Company be awarded on competitive sealed bids. Upon vote, the voting was as follows: Aye: Aldermen: Dabbs, Dickerson, Grimsley, Hightower, Horton, Hutcherson, Smith, and Bentley. No: None. The Mayor stated that consideration should be given to an ordinance authorizing the issuance of Industrial Development Revenue Bonds - Langston Project, and the execution and delivery of a Trust Indenture securing same. This was a matter with which the Council was familiar and after a discussion, Alderman Smith introduced an ordinance entitled: "An Ordinance Authorizing The Issuance Of Industrial Development Revenue Bonds Under Act No. 9 Of The First Extraordinary Session Of The Sixty-Second Gen~.l Assembly Of The State Of Arkansas, Approved January 21, 19b0, As Amended, For The Purpose Of Providing Permanent Financing Of The Cost Of Securing And Developing Industry (The Particular Industrial Project Is Described In The Ordinance); Authorizing The Execution And Delivery Of A Trust Indenture Securing The Bonds; Authorizing And Prescribing Uther Matters Pertaining To The Industrial Project, The Constructing Thereof And The Financing Thereof; And declaring An Emergency:' and the City Attorney read the ordinance in full. Alderman Hutcherson, seconded by Alderman Grimsley, moved that the rule requiring the reading of an ordinance or resolution 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: Dabbs, Dickerson, Grimsley, Hightower, Horton, Hutcherson, Smith, and Bentley; and the following voted nay: Norie. Thereupon the Niayor 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 ordiaance was then read 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: Dabbs, Dickerson, Grimsley, Hightower, Horton, Hutcherson, Smith, and Bentley; and the following voted nay: None. Z'he 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 by the City Attorney. Alderman Horton, seconded by Alderman Hightower, 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: Dabbs, Dickerson, Grimsley, Hightower, Horton, Hutcherson, Smith, and Bentley; and the following voted nay: None . Alderman Dabbs, seconded by Alderman Smith, moved that Section b, the, emergency clause, be adopted, and on roll call the following voted aye: Aldermen: Dabbs, Dickerson, Grimsley, Hightower, Horton, Hutcherson, Smith, and Bentley; and the following voted nay: 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 NTo. 722. The ordinance read. as follows: ~ '~'~ v._ •.~ _. _ rrr ~~ ,. 1, , ORDINANCE NO. ~~2 ~~ AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS UNDER ACT NO. 9 OF THE FIRST EXTRAORDINARY SESSION OF THE STXTY-SECOND GENERAL ASSEMBLY OF THE STATE OF ARKANSAS , APPROVED JANUARY 21, 1960, AS AMENDED, FOR THE PURPOSE OF PROVIDING PERMA- NENT FINANCING OF THE COST OF SECURING AND DEVELOPING INDUSTRY (THE PARTICULAR INDUSTRIAL PROJECT IS DESCRIBED IN THE ORDINANCE); AUTHORIZING THE EXECUTION AND DE- . LIVERY OF A TRUST INDENTURE SECURING THE BONDS; AUTHO- RIZTNG AND PRESCRIBING OTHER MATTERS PERTAINING TO THE INDUSTRIAL PROJECT, THE CONSTRUCTING THEREOF AND THE FINANCING THEREOF; AND DECLARING AN EMERGENCY. WHEREAS the City is authorized by Act No . 9 of the First Extraordinary ;:~. <„ Session of the Sixty-Second General Assembly of the State of Arkansas, approved January 21, 1960, as amended ("Act No. 9"), to acquire, construct and equip lands, manufacturing buildings, improvements and facilities and to incur other i costs and expenses and make other expenditures incidental to and for the imple- inenting and accomplishing of the conduct of manufacturing operations; and WHEREAS the City is authorized by Act No. 9 to issue Industrial Develop- `:. ment Revenue Bonds payable from revenues derived from the Industrial Project so acquired and constructed and secured by a lien thereon; and t ~~~ 2 y WHEREAS the necessary arrangements have been made with Langston Bag Co. , a Tennessee corporation { ".Langston ") , for a substantial industrial project consisting of lands, buildings, improvements, machinery, equipment and facilities for an industrial plant which will be utilized for the manufacturing of such products as Langston shall elect to manufacture (the "Project ") , and to lease the Project to Langston pursuant to the terms of a Lease and Agreement subsequently identified herein and referred to as the "Lease Agreement"; and 6 "r' .. ;'E._-:. ~ ~} L +.,5 %~r yA ~~ F ~~ 5. ~~ ~ ~ ~r~ - Yx ~ ~_ s {°~y WHEREAS permanent financing of the Project costs, necessary costs and expenditures incidental thereto and the cost of the issuance of bonds, is .being furnished by the City issuing Industrial Development Revenue Bonds under the provisions of Act No. 9 in the principal amount of not to exceed One Million Dollars ($l, 000, 000) (the "bonds "); and WHEREAS there has been submitted to the electors of the Gity the question of issuing the bonds at a special election, and at the special election the electors approved the issuance of the bonds ; and WHEREAS the bonds are to be sold and delivered in series, with there being initially issued Series A Bonds in the principal amount of $500, 000, and which are dated, bear interest, mature and are subject to redemption as hereafter ~s set forth in the form of Indenture authorized by this Ordinance; and WHEREAS arrangements have been made for the sale of the Series A~:~onds to Womeldorff & Lindsey and Harrow Smith Company, Little Rock, Arkansas; ,~,~ . ~ qty ~~~~ NOW, THEREFORE, BE IT ORDAINED BY THE City Council of West Memphis, Arkansas Section 1. That there be , and there is hereby authorized and directed the following: (a) The sale of the Series A Bonds; (b) The acquisition and construction of the Project, and in -~ connection therewith, the execution of any necessary architectural, engineering. or construction contracts or the acceptance of an assignment of any such con- ~~ tracts previously executed by Langston, for the con- .~-..~ t~~- structing and equipping of the Project; ~"~`"' (c) The performance of all obligations of the City under the ~~, Lease Agreement pertaining to the constructing and ,,.. ~° equipping of the Project and the performance of all obliga- Lions of the City under the contracts referred to in (b) above . _ ~~ ~, e.. . ~ d~~. __ Section 2 . That to provide for the authorization of and to secures ,; -,~,: w ...: In ~~~~ ~~Y`al Development Revenue Bonds of the City under Act No. 9 in the total ~. . ~:,~ principal amount of not to exceed $1, 000 , 000, to p~c~vide for the immediate execution and delivery of the Series A Bonds in the principal amount of $500, 000, and to prescribe the terms and conditions upon which the bonds are to be ii .secured, executed, authenticated, acceptec~~and held, the Mayor is hereby authorized and directed to execute and acknowledge a Trust Indenture , and the ity Clerk is hereby .authorized and directed to execute and acknowledge the Trust Indenture and to affix the seal of the City thereto, and the Mayor and :'. City Clerk -are hereby authorized and directed to cause the Trust Indenture to ., be accepted, executed and acknowledged by the Trustee , trvith the Trust Indenture , which constitutes and is hereby made a part of this Ordinance , to be in substantially the following form, to wit: .~ Section 3. That the Mayor and City Clerk, for and on behalf of the -- ~,r ~re hereb authorized and directed to do any a _ s C~.ty, be , and try Y, necessar to ~ff~ct the execution of the Trust Indenture, its execution.and Y .. acee~ tance by the Trustee , the performance of all obligations of the City under. p and ursuant to the Trust Indenture , the execution and delivery of the bonds , P and the performance of all other acts of whatever nature necessary to effect aid Carr out the authority conferred by this Ordinance and by the Trust Indenf~~'e . Y ~~r That the Mayor and the City Clerk be , and they are hereby, further authorized' and directed, for and on behalf of the City, to execute all papers, documents, certificates and other instruments that may be required for the carrying out of the authority or to evidence the exercise thereof . Section 4. That the, provisions of this Ordinance are hereby declared ~, to be severable, and if any section, phrase or provision shall for any reason be declared to be severable , such declaration shall not affect the validity of the ,~ ~t,,,..~ ~~-e mainder of the se~ctfons , phrases or provisions . ~ ~s~ "~'` Section S. That all ordinances, resolutions and parts thereof in ~,, conflict herewith ~~e hereby repealed to the extent o~ su ~~. Section 6. That there is hereby found and declared to be an immediate need for_ the securing and developing of substantial .industrial operations in order to provide additional employment, .alleviate unemployment and otherwise benefit the public health, safety and welfare of the City and the inhabitants thereof, and the issuance of the bonds authorized hereby and the taking of the other action authorized herein are immediately necessary in connection with the securing and developing of substantial industrial operations and deriving the public benefits referred to above. It is, therefore, declared that an emergency {exists and this Ordinance being necessary for the immediate preservation of the public health, safety and welfare shall be in force and. take effect immediately upon and. after its yp ya,ssaJge y. uH :. ~:~` Alderman Uictcerson reported the Committee had ascertained it would be advantageous to the City to purchase two G yd. dump trucks rather than. one 14 yd truck. Motion was made by Alderman Smith, seconded by Alderman Grimsley: That the Mayor be authorized to advertise for two dump trucks and the order for the truck from Chalmers Buick be cancelled. Upon vote, the voting was as follows: Aye: Aldermen: Dabbs, Dickerson, Grimsley, Hightower, Horton, Hutcherson, Smith, and Bentley. No: None. Alderman Dickerson and Assistant City Engineer Eddie Brawley were requested to prepare specifications for the trucks. Mr, William Ennis requested permission to erect and operate a temporary skating rink at "Fun Town" Amusement Park, stating will have water, restroom facilities, and sufficient parking. Building Inspector Perrine referred the matter to the Council, thereupon, motion was made by Alderman Grimsley seconded by Alderman Hightower: That grant temporary permit for four months to William Ennis for operation of skating rink. Upon vote, the voting was as follows: Aye: Aldermen: Dabbs, Dickerson, Grimsley, Hightower, Horton, Hutcherson, Smith, and Bentley. No : None . Mr. Lee Cramer of the Fark Commission presented information for Grant to acquire and develop 4.27 acres in Westwood Acres for a park to consist of Little League Baseball Diamond, lighted tennis courts, picnic shelters, and playgrounds. City Attorney Wallin read the Resolution authorizing Filing of Application. Motion was made by Alderman Bentley, seconded by Alderman Grimsley: That the Fesolution for Grant For Open-Space Land be adopted. Upon vote, the voting was as follows: Aye: Aldermen: Dabbs, Dickerson, Grimsley, Hightotirer, Horton, Hutcherson, Smith, and Bentley. No: None. RESOLUTION NO. ~_ RESOLUTION OF CITY COUNCIL OF CITY OF WEST MEMPHIS, ARKANSAS AUTHORIZING FILING OF APPLICATION FOR GRANT TO ACQUIRE AND DEVELOP OPEN-SPACE LAND. WHEREAS, Title VII of the Housing Act of 1961, as amended, pro- vides for the making of grants by the Secretary of Housing and Urban Development to states and local public bodies to assist them in the acquisition and development of permanent interest in land for open- spaae uses where such assistance is needed far carrying out a unified or officially coordinated program for the provision and development of open-space land as part of the comprehensively planned development of the urban area; and WHEREAS the City of West Memphis, Arkansas (herein sometimes` referred to as "Applicant"} desires to acquire fee simple interest in and develop active recreational improvements on a certain land i area known as the Westwood Acres Park, a tract of land of 4.27 acres, n~re or less, located at the northwest oorner of Vanderbilt Avenue and Rice Street in the City of West Memphis, which land is to be held in use for permanent open-space land for a baseball field, tennis courts, outdoor general use and picnic shelters, active play equip- ment, basketball goals, water fountains, and accessory facilities; and WHEREAS ~`itle VI of the Civil Rights Act of 1964 and the regu- lations of th,e Department of Housing and Urban Development effectuat- ing that Title, provide that no person shall be discriminated against because of race, color, or national origin in the use of the land acquired and/or developed; and WHEREAS it is recognized that the contract for federal grant will impose certain .obligations and responsibilities upon the Applicant and will require, among other things, tl} assurances that fatni.lies and individuals displaced as a result of the Open Space Land Project are offered decent, safe, and sanitary housing, (2} compliance with Federal labor standards, and (3} compliance with Federal requirements relating to equal employemtn opportunity; and .~? 1 :,, _ _._._.. __--- - WHEREAS it is estimated that the cost of acquiring said fee simple interest will be $30 , 000; and WHEREAS it is estimated that the cost of development of said land will be $30,000; and WHEREAS there are no costs attendant to demolition of structures and/or the relocation of site occupants, inasmuch as the land to be acquired is vacant land: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: 1. That an application be made to the Department of Housing and Urban Development for a grant in an amount authorized by Title VII of the Housing Act of 1961, as amended, which amount is presently estimated to be $30,000, and that the Applicant will pay the balance of the cost from other funds available to it. 2. That the r~iayor is hereby authorized and directed to execute and to file such Application with the Department of Housing and Urban Development, to provide additional information, and to furnish such documents as may be required by said Department, to execute such contracts as are required by said Department, and to act as the authorized correspondent of the Applicant. 3. That the proposed acquisition and development is in accord- ance with plans for the allocation of land for open space uses, and that, should said grant be made, the Applicant will acquire, develop, and retain said land for the uses designated in said Application and approved by the Department of Housing and Urban Development. 4. That the United States of America and the Secretary of Housing and Urban Development be, and they hereby are, assured of full compliance by the Applicant with regulations of the Department of Housing and Urban Development effectuating Title VI of the Civil Rights Act of 1964. 5. That the United States of America and the Secretary of Housing and Urban Development be, and they hereby are, assured of full compliance by the Applicant with the Federal Labor Standards imposed under Title VII of the Housing Act of 1961, as amended. Mayor DATE ~ ,~ ~' -~ i Mr. P. G. Para of the Utility Commission informed the Council of application for a construction grant to increase water supply and sewer lines and pump stations. The resolution authorizing filing of application was read by City Attorney Wallin. Motion was made by Alderman Smith, seconded by Alderman Hutcherson: That the Resolution For Grant Under P. L. 89-117 be adopted . Upon vote, the voting was as follows: Aye: Aldermen: Dabbs, Dickerson, Grimsley, Hightower, Horton, Hutcherson, Smith, and Bentley. No: None . RESOLUTION N0. 435 Resolution authorizing filing of application with the Department of Housing and Urban. Development, United States of America, for a grant under P.L. 89-117. WHEREAS, pursuant to P.L. 89-117 the United States of America has authorized the making of grants to public bodies to aid in financing the construction of basic water and sewer projects: Now Therefore, Be It Resolved By The City Council of the City of West Memphis 1. That Mayor be and he is hereby authorized to execute and file an application on behalf of City of West Memphis with the Department of Housing and Urban Development, United States Government, for a grant to aid in financing the construction of increased capacity of water plant (Water supply extension), Westwood Acres Pump std ion and sewer line (Sewage Collection New) and replace N. 13 St. sewer pump station (Sewage collection - Keplacement and an assurance of compliance with the Department of Housing and Urban Development regulations under Title VI of the Civil Rights Act of 1964. 2. That Tilden Rodgers, Mayor be and he is hereby authorized and directed to furnish such information as the Department of Housing and Urban Development may reasonably request in connection with the application which is herein authorized to be filed. ~~~~~ An ordinance entitled "An Ordinance For The Adoption By Reference Of The Arkansas State Plumbing Code, Fifth Addition, Which Code Regulates The Installation, Alteration, And Maintenance Uf A11 Plumbing Within The City Of West Memphis; Pro- viding A Penalty For Violation; Repealing All Ordinances In Conflict With Said Code; Declaring An Emergency And For Other Purposes" was introduced by Alderman Smith, and City Attorney k'allin 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: Dabbs, Dickerson, Grimsley, Hightower, Horton, Hutcherson, Smith, and Bentley. 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: Dabbs, Dickerson, Grimsley, Hightower, Horton, Hutcherson, Smith, and Bentley. 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 Hightower, 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: Dabbs, 8ickerson, Grims]ey, Hightower, Horton, Hutcherson, Smith, and Bentley. No: None. Alderman Dabbs, seconded by Alderman Smith, moved that Section 5, the emergency clause be adopted, and on roll ca:11 the following voted: Aye: Aldermen: Dabbs, Dickerson, Grimsley, Hightower, Horton, Hutcherson, Smith, and Bentley. 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. 723. The ordinance read as follows OPDINANCE N0. 723 AN ORDINANCE FOR THE ADOPTION BY REFERENCE FIFTH ADDITION, WHICH CODE :REGULATES THE h TENAP~CE OF ALL PLUMBING WITHIN THE CITY OF FOR::V30L~iTI01~;'`'F,EPEAfi~Z1~G'°:AZL~'QR~INANCES IN AN EMB.RGENCY AND FOR OTHER PURPOSES . OF THE ARKANSAS STATE PLUMBING CODE VS TALLAT ION , ALTS RAT ION , AND MAIN WEST MEMPHIS ; PROVIDING A PENALTY CONFLICT WITH SAID CODE; DECLARING BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF WEST MEMPHIS : Section 1. There is hereby adopted by the City of West Memphis, Arkansas, for the purpose of regulating the installation, alteration and maintenance of all plumbing within the City of West Memphis, the Arkansas State Plumbing Code, Fifth Addition, of which not less than three copies shall be filed in the office of the Clerk of the City of West Memphis, Arkansas, and the same is hereby adopted_ and incorporated as fully as if set out at length herein, the provisions thereof shall be controlling within the City Limits of the City of West Memphis, Arkansas 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 f ine of not to exceed $2 5.00 for any one specified offense or violation of such Ordinance may be assessed, or double that sum for each repetition of such offense or violation. If a thing prohibited or rendered unlawful is, in its nature, continuous in its respect to time the fine or penalty for al:iowing the continuance thereof, in violation of this Ordinance shall not exceed $15.00 for each day that the same may be unlawfully continued. Section 4. A11 other Ordinances in conflict herewith and specifically Ordinances No. 531, 423, and 415 a;re hereby repealed. Section 5. It being determined by the City Council of the City of West Memphis, that this Ordinance is immediately necessary for the participation by the City in certain Federal Programs and, in the uniform control of plumbing within said City, and the health, safety and wolf are 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 provided ,~..~ by law. ~~~~~ riayor Rodgers brought to the anent:ion of the Council permission to advertise for bids for gas, oil, grease, kerosene, and diesel fuel were not on the Agenda, and requested the matter be considered. Motion was made by Alderman Grimsley, seconded by Alderman Horton: That the rule be waived and the matter placed on the Agenda. Upon vote, t: he voting was as follows: Aye: Aldermen Dabbs, Dickerson, Grimsley, Hightower, Horton, Hutcherson, Smith, and Bentley No: None. :~ "~' Motion was made by Alderman Smith, seconded by Alderman Hutcherson: That the Mayor be authorized to advertise for bids far gas, oil, grease, kerosene, and diesel fuel. Upon vote, the voting was as follows: Aye: Aldermen: Dabbs, Dickerson, Grimsley, Hightower, Horton, Hutcherson, Smith, and Bentley. No: None. The Mayor requested questions pertaining to the Audit; thereupon, motion was made by Alderman Smith seconded by Alderman Grimsley: That the ~ulit for 1971 be approved. Upon vate, the voting was as follows: Aye: Aldermen: Dabbs, Dickerson, Grimsley, Hightower, Horton, Hutcherson, Smith, and Bentley. No: None. Mayor Rodgers announced the Inspector's Office had requested two ordinances pertaining to building and plumbing that were not on the agenda be considered as urgently needed. Motion was made by Alderman Grimsley, seconded by Alderman Dickerson: That the rule be waived and the ordinances be considered. Upon vote, the voting was as follows: Aye: Aldermen: Dabbs, Dickerson, Grimsley, Hightower, Horton, Hutcherson, Smith, and Bentley. No: None. Alderman Dabbs introduced an ordinance entitled "An Ordinance To Amend Section 11.11 Of Ordinance No. 715 Of The City Of West Memphis; Declaring An Emergency And I~'or Uther Purposes" and the City Attorney read the ordinance in full . Alderman Hightower, seconded by Alderman Horton, 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: • A d r n• bb D' Aye. 1 e me Da s, ickerson, Grimsley, Hightower, Horton, Hutcherson, Smith, and Bentley. 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 Dickerson, 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: Dabbs, Dickerson, Grimsley, Hightower, Horton, Hutcherson, Smith, and Bentley. 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 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: Dabbs, Dickerson, Grimsley, Hightower, Horton, Hutcherson, Smith, and Bentley. No: None . Alderman Smith, seconded by Alderman Hightower moved that Section 3, the emer- gency clause be adopted, and on roll call the following voted: Aye: Aldermen: Dabbs, Dickerson, Grimsley, Hightower, Horton, Hutcherson, Smith, and Bentley. 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. 724. The ordinance read as follows ORDINANCE N0. 724 AN ORDINANCE TO AMEND SECTION 11 .11 OF ORDINANCE NO. 715 OF THE CITY OF WEST MEMPHIS; DECLARING AN EMERGENCY AND FUR OTHER PURPOSES . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS Section 1. Section 11.11 of Ordinance No. 715 of the City of West Memphis, Arkansas, is hereby amended to read as follows: "11.11 - any lot or parcel of land in any district that was under separate ownership and of record on the date of adoption of this code or amendment thereof where no adjoining undeveloped land fronting on the same street was under the same ownership as of said d8.te, may be used as a building site even though such lot or parcel fails to meet the minimum requirements for lot area, Lot width, or both, that are generally applicable to Lots in the districts." Section 2. The previously existing Section 11.11 of Ordinance No. 715 and all other Ordinances or Parts of Ordinances in conflict herewith are hereby repealed. Section 3. It being found and determined by the City Council of the City of West Memphis, Arkansas, that this amendment is immediately necessary in the interest of uniform regulation and orderly growth of the development - and expansion of the City of West Memphis and in the interest of the health, safety and welfare of the inhabitants of said City, 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. Yc~~nk Alderman Dabbs introduced an ordinance entitled "An Ordinance To Provide For The Installation Of Certain Types Of Underground Pipe In The City Of West Memphis And To Prohibit The Installation Of Galvanized Underground Water Piping In Certain Instances Due To The Highly Corrosive Action Of The Soil On Galvanized Pipe In The City Of West Memphis; Providing A Penalty For Violation Of Same; Repealing Parts Of Ordinances In Conflict Herewith; Declaring An Emergency And For Other Purposes", and the amity Attorney read the ordinance in full. Alderman Hightower, seconded by Alderman Horton, 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: Dabbs, '~.ckerson, Grimsley, Hightower, Horton, Hutcherson, Smith, and Bentley. 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 Dickerson, 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 ~3l.aced 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: Dabbs, f~ickerson, Grimsley, Hightower, Horton, Hutcherson, Smith, and Bentley. 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 Grimsley, seconded by Alderman ~iutcherson, 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: Dabbs, Dickerson, Grimsley, Hightower, Horton, Hutcherson, Smith, and Bentley. No : None . Alderman Smith, seconded by Alderman Dabbs, moved that Section 9, the emergency clause be adopted and on roll call the following voted: Aye: Aldermen: Dabbs, Dickerson, Grimsley, Hightower, Horton, Hutcherson, Smith, and Bentley. 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. 725. The ordinance read as f of lows ORDINANCE NO . 72 5 AN ORDINANCE TO PRt1VIDE FOR TI-ir INSTALLATION OF CERTAIN TYPES OF UNDERGROUND PIPE IN TF~ CITY OF WEST MEMPHIS AND TO PROHIBIT THE INSTALLATION OF GALUANILED UNDERGROUND WATER PIPING IN CERTAIN INSTAP3CE5 DUE TO THE HIGHLY CORROSIVE ACTION OF THE SOIL ON GALVANIZ^D PIPE IN THE CITY OF W SST MEMPHIS ; PRUV IDING A PENALTY FOR VIOLATION OF SAME; REPEALING PART5 OF ORDINANCES IN CONFLICT HEiZEWITH; DECLARING AIvT EMEhGENCY AND FOx OTII"R PUI{POSTS . BE IT ORDAINED BY TIC: CITY COUNCIL OF THE CITY OF 4,TST MEMPHIS, AF.KANSAS Section 1. It shall be unlawful to install galvanized caater piping underground up to and including two inch (2'°) pipe. Section 2. Water piping under a slab type building foundation shall be type K copper tubing and there shall be no sweated joints used under the slab foundation. Under a conventional type building with crawl space of less than eighteen inches (18"), type K copper tubing shall be used with no sweated joints. Section 3. Water piping under a conventional type building with eighteen inches (18'°) or more of crawl space shall be type L or type K copper tubing and sweated joints will be permitted. Section 4. Cold water service pipe or yard lines shall be type L or type K copper tubing from the City Water Meter to the building stop and waste valve or building cut-off. All copper pipe shall be of domestic make and shall be so marked. Section 5. There shall be no diolectric union or other insulation placed in this line after leaving the City Water Meter until reading the hot water heater within the building, and then only if dissimilar metals such as galvanize are used . Section 6. The City Building Inspector shall be charged with the responsibility of enforcing this Ordinance. Section 7. It shall be unlawful for any person, corporation, partnership, firm, assodation or other entity to violate any provisions of this Ordinance, and upon conviction thereof, a fine of not to exceed $25.00 may be assessed for each violation of said Ordinance, or double that sum for each repetition of sucY~ violation. If a thing prohibited or rendered unlawful is, in its nature, continuous in respect to time, the fine or penalty for allowing the continuance thereof, in violation of this Ordinance, shall not exceed $15.00 for each day that the same may be unlawfully continued. ~f Section 8. Portions of any Ordinance adopted in conflict herewith are hereby repealed. Section 9. It being determined by the City Council of the City of West Memphis, that the soil conditions within the City of west Memphis require uniform regulations and restrictions on the use of certain types of underground piping within said City in the interest of the ..health, safety and welfare of the inhabitants of said City, 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. hiss Bobbie Lee Rhodes of 1902 Madison presented complaint that the City had taken 10' from the front of her property on S. 22nd Street where constructed the pumping station. Mayor lodgers requested the Street Committee to check with Engineer C. H. Bond, Jr, and Engineer Brazile, engineer for the complaintant, and present recommendation at the next Council meeting. Assistant City ~.ngineer Eddie Brawley brought to the Council's attention information on an additional east-west street. The Mayor directed the matter be considered by the Street Committee. Mr. Brawley was authorized to contact the Arkansas Highway Department as to construction of an overpass at Lich Load and Interstate I-Iighway. Traffic problems due to construction in the vicinity of Southland Mace Track were considered, and the Mayor stated would request the road under construction be opened. Alderman Grimsley commented on seminar attended at Jacksonville pertaining to Police relationship with citizens, and invited the Council to attend a meeting on April 27th. Alderman Bentley requested the City Attorney research the problem of use and noise pertaining to mini bikes. Alderman Horton inquired as to the mosquito spray project, and was informed the same company had submitted price as bid in 1971. The Engineer's office reported the repairs are to be made on Stuart Street as the contractor is completing his work, and the drainage ditch on the south side of the barber shop on N. Avalon was opened, however, the sidewalk constructed on north side caused the water to be trapped. Mayor ~:odgers announced the Urban Renewal Agency had deeded to the City the north five feet of Lot 1, all of Lot 2, I31ock 10, Kendal Addition for open space . Upon inquiry from ~lderman Horton, City Engineer Hampton stated the work on Club F.oad is to be completed by June of 1972. No further business being presented, the meeting was adjourned. __--- ATT~ --~ -~~ CITY CLE ,~ MAYOh APPROVED: