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November 16, 1972?~. MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HELD ON THE 16TH DAY OF NOVEMBER, 19?2. The Counci 1 of the City of Wes tMemphi s , in the Ctit~.nty of Crittenden, State of Arkansas, met in a regular session in the City Hall in said City at 1:30 0' c lock p .m. on the 16th day of November, 1972. 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 Aldermens C. D. Hutcherson, M. P. Scott, B. G. Smith, R. T. Bentley, W. R. Dabbs, Thomas Dickerson, D. M. Grimsley, W. L. Harris, J. E. Hi g~tower, and Pritchard Horton; and City Attorney R. L. Smith. Absent: None. The following proceedings were had to-wit: Minutes of Council Mestrig on November 2, 1972, were approved as read. Alderman Bentley reported information pertaining to Pension Plan for Non Uniform Employees had not been received from the Aldermen. The Council agreed to consider the matter at Budget meeting November 20th at x.:30 p.m. An ordinance entitled "An Ordinance To Rezar~.e Part Of The SEA Of Section 11, Township 6 North, Range 8 East In The City Of West Memphis, Arkansas" was read the second time by City Attorney Smith. Motion was made by Alderman Bentley, seconded by Alderman Scott: That the second reading of the ordinance be approved. Upon vote, the voting was as follows Aye : Aldermen : Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Higk~.tower, and Horton. No : None . An ordinance to rezone property owned by Dacbra, Inc. that action was postpon®d from November 2nd was presented. Ald®rmen Horton and Dickerson informed th® Council after investigation they have no objection to the matter being considered. Attorney J. H. Spears and Messrs. Dacus and Brandon, owners of the property, discussed the matter with the Council. An ordinance entitled "An Ordinance To Rezone All That Part Of Lots 6, 7, 8 and g of the Subdivision of the J. H. Stuart Estate in the SW4 of Section 8, Township 6 North, Range 9 East, as shown by plat of record in Plat Book l at page 116 lying North of Thompson Avenue Extended, City Of °~West Memphis, Arkansas" was introduced by Alderman Dabbs, and City Attorney Smith read the ordinance in full. Alderman Dickerson, seconded by Alderman Hutcherson, moved that the rule ret~uiring 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: Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, and Horton. No: bone. ~t *~ ~ 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 Smith, seconded by Alderman Scott 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; Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, Grima ley, Harris, Hightower, and Horton. No : None The May©r 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 Hightower, moved that the ordinance be adopted. The t~uestion was put by the Mayor on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen; Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, and Horton. No : None. Alderman Harris, seconded by Alderman Horton, moved that Section 2, the emergency clause, be adopted and on roll call the following voted: Aye : Aldermen ; Hutcherson, Scott, Srrii th, Bentley, Dabbs, Dickerson, Grirnsley, Harris, Hightower, and Horton. No : None . The Mayor thereupon declared the ordinance and the emergency clause adopted and sign®d the ordinance, which. was attested by the City Clerk and impressed with the seal of the City. The ordinance was given No. 7~.2. The ordinance read as follows ORDINANCE N0. 7~.2 AN ORDINANCE TO REZONE ALL THAT PART OF LOTS 6, 7, 8 AND 9 OF THE SUBDIVISION OF THE J. H. STUART ESTATE IN THE SW~ OF SECTION 8, TOWNSHIP 6 NORTH, RANGE 9 EAST, AS SHOWN BY PLAT OF RECORD IN PLAT BOOK 1 AT PAGE l~.b LYING NORTH OF THOMPSON AVENUE EXTENDED, CITY OF WEST MEMPHIS, ARKANSAS WHEREAS, application was made to the City Planning Corr~nission to rezone the hereinafter described property and after notice having been published for the time and in the manner as provided by Ordinance No. 71,E the matter was heard by the City Planning Commission and no persons appearing to protest the same the Planning Commission recommended that said application be granted: NOW, THEREFORE, f~ BE IT ORDAINED BY THE CITY COUNCI L OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION I: That the following described property, to wit: A11 that part of Lots 6, 7, 8 and 9 of the Subdivision of the J. H. Stuart Estate in the SW~ of Section 8, Township 6 North, Range 9 East, as shown by plat of record in Plat Book 1 at page 1~.6 lying north of Thompson Avenue Extended, be and the same is hereby, rezoned B-2, Business . SECTION II: EMERGENCY CLAUSE: It is hereby ascertained and de~ec~to be a fact that the property above described is in the process of development; that the passage of this Ordinance is in the inten~st of the public peace, health, safety and welfare of the citizens of West Memphis; therefore, an emergency is hereby declared to exist, and this ordinance shall be in full force and effect from and after its passage and approval. ~~ ~ Excerpts from Board of Adjustment Meeting were read as follows The Board of Ad3ustment of the City of West Memphis, Arkansas, met at S:OD p.m. on the 9th day of November, 1972, in the l+~h,~nicipal Courtroom. Present : Chairman Pat Magruder, presiding, and Board Members: C. V. Griffin, Nolan Wheeler, Dennis Conlee, Bill M©rris, and S. A. Holsbrook. Absent: H. J. Meadows and Nathaniel Morris. Motion by Dennis Conlee, seconded by C. V. Griffin : Reques t the City Council and Planning Commission to consider a new ordinance that would allow Commercial Property Owners relief in building set-backs, as feel requirements quite restrictive due to the applications for variance have received. Upon vote, the voting was as follows: Aye: Griffin, Wheeler, Conlee, Morris, and Holsbrook. No : None . Motion by S. A. Holsbrook, seconded by Bill Morris: Request the Board of Adjustment be granted renumeration for meetings. Upon vote, the voting was as follows Aye: Griffin, Morris, Conlee, Holsbrook. No: Wheeler. Motion carried. ~~~ The matters were taken ander advisement. An ordinance entitled "An Ordinance To Amend Ordinance 715 Declaring An Emergency And For Other Purposes" was introduced by Alderman Grimsley, and the City A,.ttorney read the ordinance in full. Alderman Horton, seconded by Alderman Harris, 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: Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, and Horton. 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 carri®d and the rule suspended. The ordinance was then read the second time by the City Attorney. ~~ Alderman Hightower, 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: Hightower, Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hutcherson, and Horton. 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 Scott, seconded by Alderman Smith, 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 s Aye : Aldermen : Hightower, Dickerson, and Horton. Scott, Smith, Bentley, Dabbs, Grimsley, Harris, Hutcherson, No : None. Alderman Hutcherson, seconded by Alderman Dickerson, moved that Section 2, the emergency clause be adopted, and on roll call the following voted Aye : Aldermen : Hightower, Dickerson, and Horton. Scott, Smith, Bentley, Dabbs, Grimsley, Harris, Hutcherson, 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 N0. 7~.3. The ordinance read as follows 0 RDI NAN CE NO . 7 !~3 AN ORDINANCE TO AMEND ORDINANCE 71~ DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. BE I T HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1. Section 12:~.1 of Ordinance No, 71~ is hereby repealed and the following is substituted therefor: Section 12:1. Appointment. There is hereby created a Board of Zoning Ad~us tment consisting of ten (10) members ; each to be appointed by the Mayor and confirmed by the City Council for a term of one (1) year. The Mayor ~h~.ll serve as ex-officio Chairman of the Board. Section 2. Emergency Clause. It being found and determined by the City Council of West Memphis, Arkansas that the number of members of the Board of Zoning Adjustment should be increased, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its passage and approval. ~.~~ Mayor Rodgers appointed the following Board of Adjustment members Ward l - Jim Spradling and H. J. Meadows Ward 2 -Don Froning and C. V. Griffin Ward 3 - Jim Featherston and Jack Woodard Ward ~. -Bill Morris Ward 5 -Will Bass Mayor Rodgers stated additional members for ~Tard ~. and Ward 5 will be appointed at a later date. Motion was made by Alderman Scott, seconded by Alderman Dickerson: That appointments to Board of Adjustment be approved. Upmn vote, the voting was as follows: Aye : Aldermen : Hightower, Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hutcherson, and Horton. Nay : None. The Mayor informed the Council of the resignation of Planning Co~nissioner A. V. Spear, and requested the City Attorney to prepare a resolution of commendation. Mr. Lloyd J. Woodell, 808 Wilson Road, was appointed by the Mayor to complete the unexpired term of Mr. Spear. City Attorney Smith advised the Council of suggestions for repeal of ordinano~ by Book Publishing Company. Alderman Dabbs introduced an ordinance entitled "An Ordinance To Repeal Parts Of Ordinances 101, l~.l, 223, and 260", and the City Attorney read the ordinance in full. Alderman Dickerson, seconded by Alderman Hutcherson, 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 : Hightower, Dickerson, and Horton. Nay : None . Scott, Smith, Bentley, Dabbs, Grimsley, Harris, Hutcherson, 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 Smith, seconded by Alderman Scott 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 : Hightower, Dickerson, and Horton. Nay: None. Scott, Smith, Bentley, Dabbs, Grimsley, Harris, Hutcherson, 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, secu~led 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: Hightower, Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hutcherson, and Horton. Nay : Nt~ne . ~~ Alderman Harris, seconded by Alderman Horton, moved that Section 2, the emergency clause, be adopted and on roll call the following voted: Aye: Aldermen: Hight©wer, Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Horton, and Hutcherson. Nom: 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 s e al of the City . The ordinance was given No . 7~., The ordinance read as follows ORDINANCE N0. 7 ,1~ AN ORDINANCE TO REPEAL PARTS OF ORDINANCES 101, l~.l, 223, AND 260 . BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1. The following sections of ordinances listed below are repealed. Ordinance No. 101 111 223 260 Section Section l - Statutory steps were not followed when this was adopted. Section ~. - OSuaerseded by new Right of Entry r finance N©. 739. Section 10 -Penalty provid®d by statute. Section 8 -Superseded by new Right of Entry Ordinance No. 739. Alternative Section 6 (b) - Method provided in Section 6. Section V - Superseded by new Right of Entry Ordinance No. 739. Section 2. Emergency Clause. It being found by the City Council of West Memphis, Arkansas the city ordinances for codification pureoses needed and there are some parts of ordinances should be repealed, an emergency is hereby deg and this ordinance shall be in full force and after its passage and approval. ~~ and determined that updating of is immediate) y out-of-date which :lared to exist effect from and A resolution to pledge funds for pro rata share of expense of construction of Neighborhood Facility Center was read. After discussion, motion was made by Alderman Hutcherson seconded by Alderman Grimsley~: That the resolution as read b® approved. Upon vote, the voting was as follows Aye: Aldermen: Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Horton, ~gh'tower. Nay : None . The resolution read as follows : RESOLUTION N0 . x.46 ____. WHEREAS, the City of West Memphis, Arkansas has submitted an application to the Department of Housing and Urban Development, Little Rock, Arkansas for a Neighborhood Facility Center, and, WHEREAS, it is necessary that the City of West Memphis pay a pro rata share for the expense of building this facility, and, WHEREAS, the City of West Memphis has on deposit with the Fidelity National Bank, West Memphis, Arkansas a Certificate of Deposit No. 127? in the amount of One Hundred Thousand Dollars, ($100,000.00), and, WHEREAS, it is the intention of the West M®mphis City Council to designate Twenty-Five Thous Five Hundr®d Fifty Dollars, ($X5,550.00), as the City's payment as part of the overall cost of this project, and, WHEREAS, it is the West Memphis City Council's intention to hold on deposit in the Fidelity National Bank, Twenty-Five Thousand Five Hundred Fifty Dollars ($25,550.00) for payment of our pro rata share, THEREFORE, BE IT RESOLVED THAT: 1, The sum of Twenty-Five Thousand Five Hundred Fifty Dollars, ($25,550.00) as part of the deposit in the Fidelity National Bank be designated by the West Memphis City Council as the City's share for the overall cost of the Neighborhood Facility Center. 2. That a copy of this Resolution when signed by the Mayor be forwarded to the Department of Housing and Urban Development, Little Rock, Arkansas, as part of the overall application. ~~ Mr. W. L. Barbour, Jr. , Chairman, Mr. Tom Coleman, Executive Director, and Mr. Don Hennes, Planning Consultant for the Urban Renewal Agency were present and elaborated on the Fourth Year Program. The following information presented Agency Expenditures Real Estate Purchases $ 210,000 Relocation Payments 183,000 Site Improvements 375,000 Rehabilitation Grants 60 , 000 Demolition & Clearance 20,680 Administration 98,000 Planning & Execution 67,530 Interest & Contingencies 8 9 9 1, 073 s 1 9 City Expenditures Non required in Fourth Year; will use $327,420 of non-cash grant-in-aid "credits" from school construction projects. Significant Program Activities 1. Purchase additional 36 vacant, dilapidated properties. 2. Extend Ingram Boulevard (with drainage) south to Jackson 3. Purchase 90,000 sq. ft. park at 10th & Richardson 4. Add 42,280 sq. ft. to Wonder School Campus Add Community Relations person to Agency staff. 6. Extend loth Street right-of-way to Ten M3.1e Bayou. 7. Create 9 single-family lots with. 75-ft. frontages. 8. Rehabilitate additional 20 homes. 9. Demolish 50 more buildings. 10. Relocation 12 families and 3 individuals . t~# ~~ City Attorney Smith read Resolution pertaining to approving Neighb©rhood Development Program Annual Increment, Filing of Application for Financial Assistance, Amendment To Urban Renewal Plan, and feasibility of relocation for the Neighbor- hood Development Program, Program No. ARK A-l. After discussion, motion was made by Alderman Harris, seconded by Alderman Scott: That Resolution as read be adopted, upon vote, the voting was as follows: Aye: Ald®rmens Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, Gri.n~sley, Harris, Higkitower, and Horton. Nos None. The Resolution read as follows i:LSOLt3'f IUi~1 i10 , !_ ~±.. RESCaI,UTIOT~T OI'~ THI:; CITY C~~L1i•ICIL OF T1~iI t:ITY OT' ':IES`I' ~;L'iIPIiIS, .G~PFROVI~IC~ ~11;:[t~IiBORH(~UD DI:VI,LUP:II~iIT I'ROC~R11~ i 11iJT1U11I, ItJC~'I~Pi i1I'IT . I':ILIi~~]G OI' l1PPLIC11TIn~ 1 I?Ul:~ 1~:Ci'Jr~~JCI1~J~ ~~.~fiIS'l:'i1iJC.'.1~, ~'\:iI;i~1i)r~IFT~1T TO UI;I3AN IZL;IJI~;tI~~I, 1'Lt'~iJ, ilrll:, F:1~;11~1:I3ILI'1'Y ()P RLL()C11'1'ION FOR 'i'IIL TJIJICUIiBOPI(OC~D I~I;VIL()I?I-L~JT I'P.OGR~PI, P ROGRTHi 1 i~(.) a I~hI~ ~~-1 }:1I[I,T:CI~S, tz~zclc~r the pr.ovi:aians o.f ~.'itle I of tlzc~ ~Iou;-~inrl 'het :~;~= 19~J~ , .zs arte~n~lec~; the ~eer.etary of •IIousinc-I ~~nc~i tlrhan )~cvclop- ~~~erit i~; <.litlic~r_ i?c~cl to Izr_ca~riclc~ f_inanci~ll ~~ssistaizce to lac~~.I. pu37.~ ~.c <z~_Jc~ncic~~ for ~ncler•t~~kincJ rznd carr.yincJ out ~Iec~hborYloocl I)evc1lol~n~ent Pr.oclr_ ~~ms ; and IIIII~Ea~ it is provided in such Act that contracts for_ financial aicl tlle~re;znder shall require that the Ur}aan Rene~~ral ~ Plan and ~enc1- mcnt..~ t.llc~reto fo.r the urh~-zn rone~~lal ~.ir.ca corzPrisinR the rlcicThbor- hoc7cl i)c~velolamc'nt Pi_•ocJram- bc~ approved by the Governing I,~oc?y of the l,oc~~l.ity in wliicl~ the area is situated ~~ncZ that such approval in- cliic_ic>> f indincJ s lay the GovernincJ Iody tll~.t . (1) tl~e f.n~~ncial aid to bc~ prcavidec~ izi the contract is necessary to enable the Proc~rarl to continue and be undertaken in accordance caitli tl3e Urban Renec•~al Plan, as amencZecl; (2) tlzc~ i7r_b~~n I.enewal Plan, as amended, will afford maximur~l opportunity,. consistent with the sound needs of the locality as a cahole , far .thee ~rehal3i l itation or redevelopment of the urban renewal area lay private enterprise ; (3) tliF Ur. ban Renewal Plan, as amended, conforms to the General Plan for the development of the locality as a ~•~hole; and (4) the Urban Renet•~al P.lar~ ,, as amenclecl, <Jives due eonsiclc,ration to the provision of adc~c{1_za#~c I~ar_)c and recreational areas anal facilities, as rlay be desirable for neighborhood improvement, ~•rith spocial consicJ.eration for_ the he>~-~lth, safoty' end welfare c~.f children residin~l in `the j~~' ~ ~~ • r'~ ~ ~ 1. ~.T i c~ is n ~i t y n i~ the site c~ovo real ley the l:a l ~~n ; ~:zncl ~~. -- -- - __ _ __ tII1I:a1~ '~~S it: is aesiral)lc~ and in the public interest thGlt t e I'. Llrk)~ir~ Tc~I1('_~~~al ~l~Jc:ncy of. tine City of :?t~Ct. ~Ier~lt)11i.s (11e.rcin called. t,:~l(' s~.~ic_)C'.~"1~ I~tlk~l.l.(` ,1~.cJC`IlCyr'~ u11CI~'T•tc11~1' ~iI1C~ carry Otlt ~ln annual lI1-•~ c:r_cr:~~~rlt c)i~ thE~ Il~~ic111borliooc~ l~eveloprlcnt ProcJr~lm (1lcrein, cal~.c'c~ t.klt~ ~~~,1_ii~~1';~ll".l"} i~~~'1`11.I t~.l_C~~ ~~1`; t'llc' ~:c'~~t: i{c`lll~)11]. i'li'li(Il}.)c)1~'11("a(~~ Ili`-' _ ~~i~ 1 ~,~ >> ~~ • ~ ~ t t' ~~c,.~ ~.~;•t . ~\ rl: ~~--~ 1 , ~~tic i el~c•c~r l~ ~~ ~ ~ ;:) inci C)I1~` ~~r~'a iil t l~r~ ~~ ~ City c)f t?est ~~ier~t)his, :Mate c)f .~rl:aiisas (herein called .the '''~ `'Locality") , r~hich area is the t?est Iieriphis ~IDP tlrban I'.ene~~~~~1 -• nre:~, ~~~l~r)sc l~ounclary description remains the same as . descriUc~cl. in colnection ~•~ith Resolution Ito. 354 , adopted by the City Council t. ~' ~ oII Decem}aer 19, 196II, in connection ~~rith the original ,1eie~llborhooc? development Prograri application and Urban Renee~al Plan therefor; and t'?IIERLAS the Local Public ~~gency lzas applied for additional financial assistance under such Tact and proposed to enter into an '- additional co~ntx•act or contracts with the Departr,~ent of Ilousing and Ur.}.pan Developrlent for the undertaking of, and for rlakine~ available additional financial assistance for, the Program; and t?IILRhAS there has been prepared-and referred to the Governing Body of the City of t•~est Memphis for revie~•~ ,and approval 11Mendment i1o. G to the Urban Rene~•~al Plan for the ':lest ;.lempllis i•JDP .Urban Renc~~~al Area, a mit:ieographed document dated. October 25, 1972, and consistine~ of five (S) pages of narrative text and tc•~o {2) maps, namely i•iap UP.P-2, Land Use and Transportation Plan; ,end i~Sap URP-3, Land 11c uisition Plan both revised October 2 - q ~ 5, 1972, and Land Disposition Supplement i1o. 3, c•~hich is a separately bound mimeographed document consisting of ten {10? pages of narrative text anc3 one { _l) map, narlely 'Map t1RP--4 , Land nisposition ~ upplement i I~ ~. t ~ +1:'~~ r•{j flr~{ 1f~-c•1 t~~' ~ ,~,~,, I lSl.tj-j-c~l j ~!ti j-~` C=t'C'1 ~`1 1 t1 ~i~l}Ml~.~r~Itie~Ill t~:~'y InatGrial, data, and recommendationsnot apart of the: Urban Renewal Plan ~r•Iendment; and 1?JILREI~S thc~ Arlendment to the urban Reneti•~al Plan has heen approved by the Governing Body of the.Local Public Agency, as evidenced by the copy of said Body's duly certified resolution ~:~.pprovincl tl~e i.).r.}pan Renec~~al 1'1an 11r~Ienc~r~lent ~~hieh is attached tllr~ rc~ t.o ; anti t?III::RT,AS a General Plar. has been prepared anc~ is recognized ~incl t1Sc~C~ ~Z , c'1 cJtticic for the general development of tho locality s :~ wllolc~; an~i t?III~ItLAS the Planninel Commission which is the duly designated Z ._~..~__~~ _rr' -- ' ' - - - R1 ,~ _., _..- -_ -~ - --~_ _-~- -t__ - - - . _ ,- ~ . .:. . .. . . :- , - - --,- .-_ _~_ i.o the Governing) body its report. and recommendations respecting ::~ i ~ I.1~': ;,;il ::.::i,`.` •. ~'. :,~ ~ ; .:i 11~aendment for the urban renewal area coI"'l- prising the Program and .has certified. that the Urban Renei~~al Plan t~~.u~ndm~nt conforms. to the General Plan for the locality as a ~:~iiolt~; and the Governing k3ody has duly considered. the report recommendations and certifications of the planning body; anc~ ti7IiI:RFAS the Local Public Agency has ~rePareci and subriittecl a program for the relocation of individuals anc~ families that znay be displaced as a result of carrying out the Program j.n acco.rdalicE~ with the Urban Rene~•~al Plan, as amencle~i; and r7tIFRI;AS there have also been ..presented to -the Governing I3ocly information and data respecting the Relocation Program ~•~hic}~ has been prepared by the Local Public Agency as a result of ~, studies, surveys, and inspections in the areas comprising the Program and the assemblying and analysis of the data and i.nforma- Mort ol.~tained from such studies, .surveys, and inspections; and [JIiI~I:FAS the r:lembers of the Governing Body have general kno~•~ledge of the .conditions prevailing in the urban rene~•~al area and of the availability of proper Y~ousing in the locality for the relocation ~f individuals and families that may be clisplacec~. by .the Program and, in light of such };no~alecZge of loci-~.1_ }-zc~tzsinc~ conc7i Lions, l~rlvo c~°~reful.ly consi.c~er.c~rZ anc~ r.c~vic~•~oc~ :.i~c~ii ~>~~~.)~)c):~et:L~ I'r>:r~ r~c-lac~~~t~:i.c:~t~; tlt~cl :11IE~tI~1~S .it is necessary that the Governing Pody take appro- ~~riate official action respecting the Relocation Program ancZ the tlrlJan I.enewal Plan, as amenclecl, for .the Program, in conformity ~•~~_th the contracts for financial assistance bet~•~een the Local ['u}~lic r~c~ency and the United States of ~~merica, acting by and tllr_oug11' the Secretary of housing and Urban. Development; anc~i ~7II1~~I:~ AS thL toverning Body is cognizant of the conditi.~ns tli~-~t= giro irlpose~~ in the unclerta}:~,ng and carryinn out of ur}aan I'•C`IlE?WcZ~. .~C:'tlvlt.l.es and unaertakir~g ~•~ith Federal financial ~~ssist- aI1Ce Zander Title. I, 1nCludinC, those prohibiting discrimination l~~ecause of. race,-color, creed or national origin; and ~~ -.t ~~ r . .~: ~~ ~v ,. r .- t ----- -A- ,.... -- - -- _ a~.~ ,,.- - ~Iilf~l.tl~l~S i.t is rc~coc~nize~l that the i~DP UrL~~~ri Renewal ~~r~~~~ ~~~il_1 ~:)(' Sul.~ject to the rcc~t~irF~me:lts oi: :section 10`'i (1z) of t:~1C' 1iou~~in; ~~ct of 1949 d as arlendccl:: i~~~)1~~, THL•'I:L,FULZL, T3L' IT I:I;SOLVDD L'Y '1'iIr CITY COUAICIL or ~rlila . CITY OF `.1LST i il:i IPIIIS 1 •, That the determination contained in P.esolution r.1o . 354 , adopted. December 19, 1968, respecting conditions in the urban reizewal ar~ca at the time urlJan renewal activities ~taere in~.tiated is hereby red is f irmecl. ~? , `hh~l`t Amendment ~Io. G , dated October ? 5, 1972 , to the Urban I2enec•~al Plan for the _NDP Urban Renec•~al Area, as identified ahove, is hereby approved, and the City Clerk be and is hereby clirc~ct.ed to file said. eoi~y of the Urban Renec•~al Plan Arlenc~r~ent c•». th the minutes of this r~leeting . 3„ That it is hereby found and determined that c•~here clearance is t~roposed, the objectives of the Urban Renecval Plan, '~ as arlended, cannot be achieved through more extensa.ve rehabilita- tic~n of portions of the urban renewal area. comprising the Program. a. 'I'?iat it is hereby found and determined that the Urban 1Zenewal i'lan, as amended, for the Program conforms .to the General Plan of t.lie Locality. '.i~hat-. ~.t is hereby found r~nci cieterminecl that the financial ~iicl ~~roviclc~~l ~~ilcl t.o be ~~rovidccl pursuant to thc~ contracts for. t~'c~~Coral financial assistance pertaining to the Program is necessary to c'.n~-zble .the Program to be undertaken in accordance c•~ith the Urban Renec~r~~l Plan, as amended, for the urban renec•~al area coi~prisinc~ tlt~ I ~ k~oc~rari. ~F ;~` 6. That it is herelJy found and determined that the Urban :., ~, _ Kenec,~al Plan, as artiended, -for the urban renec~al area comprising t:Il+:~ 1~~-r.a~7r. am c~~i.ll ai fiord r~a,~ir:lum o-?~~ortunity consistent jai th the r~0uI1C1 I1eE~'dc'.~ of thu locality as a ~•~hole, for the renewal bf tho area by I?r. ivate enterprise 7. 'T'hat .it is hereuy found and determined that the Urban I2ene~•aal .Plan, as amended, for the urban roriec•~al area, gives due. con.icfc.~r~~ti.on Lc~ the provision of. ~-~ciec~urite par.l-;. ,-~n~1 recre~~tion ~~ ~Zrc~as anc? facilities, as rl<-~y be desirable for nc~ic~llborhor7cl ir:i- prove~~~lc.nt, with s~~ecial consideration for thfry health, s~ai:clty, anc welfare of cllil~iren residing in .the general vicinity of the site covered by the Plana 8. ~i'hat, i~t is licrelJy fount, aria c~icterninec? tl~at thc~ Prograr.~ far tkie proper reloeatioil of ine~ividuals .and f.arzilies clisplaeoc? in carryi rig out the Urban Renewal Plan , as ar.tenclc~c? , in clecen t , safer anc? sanitary a~;ellings in conformity with the acceptaUle st~~xndards is feasible and can be reasonably anc timely effected to perr~llt the .proper. prosecution anc cor~lpletion, of -the Urban i7enet•~al Plan, as amended; and that such dt~rellinc~s or d~•~ellinc~ N unite available or to be made available to such uisplaced indivi- duels and families, are at least equal in nur~~ber to the number. of displaced. individuals .and families,. are not generally less c~esir- alJlc~ in regard to' public utilities and public and cor:~mercial facilities tll;-~n the dwellings of the displaced individuals anc? families in~the area comprising~~the Program, are available at rents car prices taitilin the financial r~leans of t•he displaced individuals anc? families, and are reasonably accessible to the placers of employment.. 9. That in order to implement and facilitate the etfectua-~ t. ic~l-i ~~ f_ the UrlJ~~l rl Renew~~l Plan , as amended , heroby approvCCl , it a.c f c~f,tlcl ~:ir~c~ cif~t c~rrll:l,tlc•~C~ t:ll<:ti:. c;c'rt~Zin official ncti.on t11tl~St~. j~~, taken lay tills 13oc:iy r•~ith reference, among other things, to chant{es in zoning, vacating and .removal of streets, alleys, and other public ways,. the establishment of ne~~~ street patterns, the loca- tion aila relf~cation of sec~f?r Zncl water mains, anc? -other public ~. 1• facilities, anc other public action, anc?, accorcZinf7ly, this ;=; r I:~oc?y llerc~lay (a) pledges its .cooperation in helpine~ .to carry out i llf~ lll.~l~.ln l:enc~wal Plan, G~5 ~1lliendEd, (k~? rec~uesta the var:i.o~.~s ... ,_.-.., c~Lt:i~~i~la~~, c.iel~~irtments, hoards, and agencies of the Loc~~lity having adrainistrative responsibilities in the premises likec~~ise to cooperate. to such end anc? to exercise their. respective functions and taowcrs in a manner consistent with the Urban ~. Renew~ll 1?3.an, as amended, and ~F) , stands ready to consider an~1 j __ __...- __,._ _ _ , to ta}:~? appropriate actloil upon proposals and Measures desicJnecl to effectuate the Urban Rene~oal Plan, as amended. 10. That additional financial assistance under thc~ provision of_ Title I of the IIousind Act of 1949, as amended, it necessary to enable the land aricl the area comprising the Program to be renewed in accordance ~,~ith the Urban Zenewal Plan, as amended, for the I~rograr:~, anc~ accordingly the proposed Program and the rou~th .annual Increment are approved ana the Local P~.~blie Agency is authorizecl to Pilo an Application for additional financial assistance under `a'it.lE I. 11. That it hereby assures the Secretary of the Department of 1Iousing 'and Urban Developr,lent that the City of jlest I~Ierlphs will cor~lply ~~~ith the requirements of Section 105 (h) of_ the IIousnc~ Act of 1949, as arlencled, in the provision of standard low- anc~ moderate- income housing units at least equal in number to the nur.~ber de- molislled cir removed by iteighhorhood Development Program activities i.n L-llc~ I1llP Urban Renewal Ar. ea, which ar. e occupiec~i by lore-~ and moderate-income families and individual householders. A Joint R®solution pertaining to closing of an alley in Block 117, George T. Kendal Subdivision that was not on the Agenda was brought to the Council's attention. Motion by Alderman Smith, seconded by Alderman Horton: That the matter be placed on the Agenda. Upon vote, the voting was as follows : . Aye: Ald®rmen: Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, Grims ley, Harris , Hightower, and Horton. Nay : None . City Attorney Smith read the resolution. After discussion, motion by Alderman Horton, seconded by Alderman Harris: That th® resolution as read be adopted. Lin vote, the voting was as follows Aye : Aldermen: Hutcherson, Scott, Smith, Bentley, Dabbs, Dickerson, ~rimsley, Harris, Hightower, and Horton. Nay : None . The resolution read as follows RES 0 LU TI ON NO . l~.L~.B WHEREAS, the City of West Memphis,, Arkansas has made an application for a Neighborhood Facility Center on a location that will be acquired from the West Memphis Urban Renewal Ag®ncy, AND, WHEREAS, Part Two (2 ) of this application requires that an alley on the property acquired be closed, AND WHEREAS, eventually, the City of West Memphis and the Urban Renewal Agency will own the parcel described below: Lots 10, 11, 12, 13, 1l~, 15, lb, l7, 18, the S~ of Lot 27, Lots 28, 29, 30, 31, 32, 33, 3~., 35: and 36, Block 117, George T. Kendal Subdivision, West Memphis, Arkansas, AND WHEREAS, it is mutually agreed between the City of West Memphis and the West Memphis Urban Renewal Agency that an alley on the above described property be closed, THEREFORE, BE IT FURTHER RESOLVED THAT: 1. An alley on the above described property be closed by the West Memphis Urban Renewal Agency and the City of West Memphis, Arkansas upon acquisition of the fee simple title. #~ Alderman Horton requested information as to obtair#~ traffic control lights on N. 7th Street at East Barton and East Cooper for use when schools in the area are dismissed. Mr. Eddie Brawley of the Engineering Department was requested to contact Arkansas Highway Department as to light at East Barton as would be under the Highway Departments jurisdiction. Alderman Bentley requested. consideration be given installation of traffic control light at S. Avalon and Auburn. Criteria for installation of control lights was explained by Mr. Brawley. ~ ---- Upon inquiry as to status of Port Facilities, Alderman Dabbs informed the Council the matter is not dormant. No further business being presented, the meeting was adjourned. ~~ ~~. YOR ATTEST : CITY CLERK APPROVED: DECEMBER 7, l9?2