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December 7, 1972',~ MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HELD ON THE 7TH DAY OF DECEMBER, 1972. The Council of the City of West Memphis, in the County of Crittenden, State of Arkansas, met in a regular session in the City Hall. in said City at 1:30 o'clock p.m. on the 7th day of December, 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 Aldermen : B. G. Smith, R. T. Bentley, W. R. Dabbs, Thomas Dickerson, D. M. Grimsley, W. L. Harris, J. E. Hightower, Pritchard Horton, and C. D. Hutcherson; and City Attorney R. L. Smith. Absent: Alderman M. P. Scott. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Meeting on November 16, 1972, were approved as read. Mayor Rodgers introduced Councilwoman elect of Ward 2, Miss Ann Payton. Alderman Bentley, Chairman of the Insurance Committee, requested information as to amount of appropriation for Pension Plan for Non Uniform Employees , and was informed the matter would be discussed at a Budget meeting. An ordinance entitled "An Ordinance To Rezone Part Of The SEA Of Section 11, Township 6 North, Range 8 East In The City Of West Memphis, Arkansas" read the first time on November 2nd and the second time on~Novernber 16th was read the third time by City Attorney Smith. Alderman Smith, 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 : Smith, Bent ley, Dabbs , Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. No : None . The Mayor thereupon declared the ordinance 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. 7l~5, and read as follows ORDINANCE N0. 7I.~5 AN ORDINANCE TO REZONE PART OF THE SEA OF SECTION 11, TOWNSHIP 6 NORTH, RANGE 8 EAST IN THE CITY OF WEST MEMPHIS, ARKANSAS WHEREAS, application was made to the City Planning Commission to rezone the hereinafter described property and after notice having been published for the time and in the manner as provided b Y Ordinance No. 715 the matter was heard by the City Planning Commission and no persons appearing to protest the same the Plami.ng Commission recommended that said application be granted: NOW, THEREFORE, BE I T ORDAINED BY THE CITY C OUNCI L OF THE CITY OF WEST MEMPHIS , ARKANSAS: =~~ SECTION I: That the following described property, to wit: That part of the SEA of Section 11, Township 6 North, Range 8 East, described as follows : Beginning at the center of said Section ll run thence South 0 degrees 5 minutes 13 seconds West 200.E$ feet; thence south 88 degrees 55 minutes 30 seconds east 1820 feet; thence south 1 degree ~. minutes 30 seconds west ~.0 feet; thence south 88 degrees 55 minutes 30 seconds east 820 feet to a point in the centerline of Rich Road; thence north along the centerline of Rich Road to the northeast corner of the SEA of Section 11; thence North 88 degrees 55 minutes 30 seconds west 26t~0 feet along the centerline of Barton Avenue to the point of beginning, be and the same is hereby rezoned RS-l0, Single Family Residence. SECTION II: All ordinances and parts of ordinances in conflict herewith are hereby repeale , and this ordinance shall be in full force and effect from and a~ter its asses a and u ' p g p blication as provided by law. a - i'r~r3: i'r# Mayor Rodgers announced Notice for bids for Butane Gas for Police Cars and Trucks had been published in the Evening Times on November 13th and 20th. Bids received as follows: Sun Oi l Company Clean Air Fuels, Inc. Propanel,3~ per gallon A committee of Aldermen Smith, Chairman, Dickerson, and Grimsley was appointed by the Mayor to canvass the bids. Thereupon, motion was made by Alderman Bentley, sec©nded by Alderman Hutcherson: That the Committee be authorized to award the bid, Upon vote, the voting was as follows : Aye: Aldermen: Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. No : None . Recommendation of the West Memphis Housing Authority to reappoint Mr. James Bledsoe was presented. After discussion, motion was made by Alderman Grims ley, seconded by Alderman Horton : That the Counci 1 confirm appointment of James Bledsoe for a ~ year term to the Housing Authority. Upon vote, the voting was as follows: Aye: Aldermen: Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. No : None . Mayor Rodgers appointed the following additional members to the Board of Ad,~ustment : Ward 4 - Harold Penn and Ward 5 - Simon Cheatam, Junior. Motion was made by Alderman Horton, seconded by Alderman Grimsley: That the appointments be approved. Upon vote, the voting was as follows : Age : Aldermen : Smith, Bent ley, Dabbs , Dickerson, Grims ley, Harris, Hightower, Horton, and Hutcherson. Propanel~.~ per gallon No : None . Tentative Budget stated the Budge t Estimated Revenue Administrative Public Service Public Safety Prisioner Expense Publi c Works Municipal Court Fire Dept. Recreation Street Sanitation Library Swim Poo l for 19?3 was presented by does not include ra~.~es, - Ex enditures $1~~., 6~2 . ~.0 58, x.02.32 x.50, 285, o0 20,239.00 52,55b.23 22,325.89 31,123_.88 0, 32t~.15 ~., 227.5897 227;~~7.0~ l~ 580.2 5 Mayor Rodgers, who as follows After discussion, motion was made by Alderman Bentley, seconded by Alderman Dickerson: That Tentative Budget for 1973 be adopted. Upon vote, the voting was as follows: Aye Aldermen: Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hi~.tower, Horton, and Hutcherson. No : None . Mr . Craig Tennison, Airport Cori s s i on Chairman, brought to the Council ~ s attention traffic at the Airport, need for expansion of parking area, and future plans . Mayor Rodgers informed the Council a contractor is extending the taxiways at the Airport, and Eddie 8rawley had been requested to ascertain cost for additional work. The cost for stablization and surfacing the access road, existing parking area, and stablization and sur- facing additional parking area for approximately 50 to 60 cars would be $29,729.00. After discussion of drainage problems, c©mpetative price, existing entrance, and expediency, motion was made by Alderman Dabbs, seconded by Alderman Smith: That waive bids and let contract to O'Neal Paving Company for Airport work. Upon vote, the voting was as follows dye : Aldermen : Smith, Bentley, Dabbs, Dickgson, Grimsley, Harris, Hightower, Horton, and Hutcherson. No : None . A resolution pertaining to an Interlocal Act for improvement in parking and the access road at the Airport that was not on the Agenda was brought to the Council ~ s attention. Motion was made by alderman Horton, seconded by Alderman Grimsley: That the Resolution be considered. Upon vote, the voting was as follows : Aye: Aldermen: Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. No : None . The resolution was read, and after discussion, Alderman Smith secr~nded by Alderman Grimsley moved : That the resolution be adopted. Upon vote, the voting was as follows: Aye: Aldermen: Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutch®rson. No : None . The resolution read as follows RESOLUTION N0. 449 WHEREAS, Arl~sas Statute 14-904 under the Interlocal Cooperation Act gives a public agency of the State of Arkansas authority to enter into agreements with another public agency of this state, AND WHEREAS, it is contemplated that an agreement will be made under the authority of the aforesaid statute between the City of West Memphis, Arkansas and the County of Crittenden, Arkansas for improvements in parking and access roads at the West Memphis Municipal Airport, AND ~n1HEREAS, it is deemed advisable should such an agreement be reached that the Mayor be given authority to execute such an agreement in behalf of the City of Wes t Memphis , Arkansas THEREFORE, BE ZT FURTHER RESOLVED THAT: The Mayor of the City of West Memphis, Arkansas b® authorized to execute an Interlocal Act for improvement in parking and access roads at the West Memphis Municipal Airport.- ~9 Attorney C. B. Nance, Jr. presented an ordinance to rezone Lots 1 through 23 of Avondale Commercial Subdivision, and requested the emergency clause be invoked due to the financing of a six story office, building in the area ~~gairing before 1~7t~. The Council was informed the Planning Comrnislion had recommended rezoning of the property. Alderman Grimsley introduced the ordinance entitled: "An Ordinance To Rezone Certain Property In The City Of West Memphis; Declaring An Ilriergency And For Other Purposes ", and the City AttorneyF 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: Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. No : None . Thereupon the Mayor declared that at least two-thirds of all members of the council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read the second time by the City Attorney. Alderman 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 : Alde rm.en : Smith, Bent ley, Dabbs , Dickerson, Grimsley, Harris , Hightower, Horton, and Hutcherson. 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 Gity Attorney. Alderman Smith, 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 : Smith, Bent ley, Dabbs , Dickerson, Grimsley, Harris , Hightower, Horton, and Hutcherson. No : None . Alderman Dickerson, seconded by Alderman Dabbs, moved that Section ~., the emergency clause be adopted, and on roll call the following voted: Aye: Aldermen: Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. No: None. The Mayor thereupon declared the ordinance and the emergency clause adopted and sigz~.ed the ordinance, which was attested by the City Clerk and impressed with the seal of the City. The ordinance was given No . 7~.b, and read as follows : 9~ AN ORDINANCE TO REZONE CERTAIN PROPERTY IN THE CITY OF WEST MEMPHIS; D GLARING AN EMERGENCY AND FOR OTHER URPOSES. WHEREAS, an application was made to the Planning Commission of the City of West Memphis, Arkansas as provided by Ordinance No. ?~.5 of the City of West Memphis for rezoning certain property within the City; and WHEREAS, notice was duly published on November 15, 19.72, that a hearing would be held by the Planning Commission at 3:30 o'clock p.m. on the 29th day of November, 1972, and at sa~.d meeting and by the application previously submitted, it was requested that the fo~.lowing property be rezoned B-2 General Business District instead of B-1 Limited Business District: Lots One (1) through Twenty-Three ( 23 ) of the ,,~ Avondale Commercial Subdivision to the City of West Memphis as recorded in Plat Book 2 at page 333 in the off ice of the Circuit Court Clerk and Ex-Officio Recorder for .Crittenden County, Arkansas. WHEREAS, no persons appeared to protest against said zoning as requested;-and WHEREAS, the Planning Commission of the City of West Memphis recommended that said rezoning petition be granted; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCII, OF THE CITY OF WEST MEMPHIS: Section 1. That the following property now zoned as B-1 Limited Business District be, and the same is hereby, rezoned as B-2 General Business District: Lots One (1) through Twenty-Three (23) of the.. `~ Avondale Commercial Subdivision to the City. '; of West Memphis as recorded in Plat Book 2 at page 333 in the off ice of the Circuit Court Clerk and Ex-Officio Recorder for Crittenden County, Arkansas. Section 2. All ordinances or parts of ordinances in con- flict herewith are hereby repealed. ___, ___ 'r __ ---- --_ ~°~~ection 3 . A copy of t e ordinance, when duly ce~tif ied by the. City Clerk, shall be subject to being filed-and recorded in ~> the office of the Circuit Court Clerk and. Ex-Officio Recorder within and for Crittenden County, Arkansas. Section 4. EMERGENCY C~,AUSE: It is found and declared by the City Council of the City of West Memphis that this ordinance is necessary for the growth and expansion. of the City. of West Mempl , ,_ 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. _ ADOPTED,-this ~ day of December, 1972. .`=~'~ Attorney Julian Fogleman on behalf' ~i~-.:property owners J. Cram; Tennison, C. H. Bond, Jr., J. D. Burnett, B. H. Burnett, ~enunons:. Nilson, James R3:chard Walker a~.d~ Gti~rar~t~r, Loan & Real Estate Company presented request for acceptance of annexation of 221.6 ages , that the ` County Court , of ~ Crittenden County had entered final order approving and confirming annexation on July 31, 1972. After discussion of property being made a part of Ward ~., a motel being the only development contemplated, and zoning of the area, an ordinance entitled "Ordinance Accepting Territory Annexed To The City Of West Memphis, Incorporating Such Territory Into Ward Four (~. ~ Of Such City " was read by City Attorney Smith. Motion was made by Alderman Grims ley, seconded by Alderman Horton: That the first reading- of the ordinance be approved. Upon roll call vot®, the voting was as follows: Aye: Aldermen: Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hi ghtower, :Horton, and Hutcherson. No : None . _. Mr. Fogleman stated an ordinance to zone the property as recommended by the Planning Comanission will be presented at a later date. City Attorney Smith informed the Council the company codifying the ordinances recommended repeal of various ordinances or parts thereof. The City Attorney stated he had discussed the recommenda- tions with the Departments involved, and had prepared ordinances for consideration of the Council. After discussion, Alderman Dabbs introduced an ordinance entitled "An Ordinance Repealing Certain Ordinances Of The City Of West Memphis, Arkansas ", 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 voting was as follows: Aye : Aldermen: Smith, Bentley, Dabbs, Dickerson, Grims ley, Harris, Hig~.tower, Horton, and Hutcherson. No : None . Thereupon the Mayor declared that at least two-thirds of all members of the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read the second time by the City Attorney. ~~ Alderman Smith, 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 voting was as follows : Aye : Aldermen : Smith, Bent ley, Dabbs , Dickerson, Grims ley, Harris, Hightower, Horton, and Hutcherson. 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 Harris, seconded by Alderman Horton, 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 voting was as follows : Aye: Aldermen: Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. No : None . Alderman Dabbs, seconded by Alderman Dickerson, moved that Section 2, the emergency clause, be adopted, and on roll call the voting was as follows : Aye: Aldermen: Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. No : None . The Mayor thereupon declared the ordinance and the emergency clause adopted and signed the ~rrdinance, which was attested by the City Clerk and impressed with the seal of the City. The Ordinance was given No . 7~.7. The ordinance read as follows : ORDINANCE N0. ?4.7_ AN ORDINANCE REPEALING CERTAIN ORDINANCES OF THE CITY OF WEST MEMPHIS, ARKANSAS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1. Ordinances Re Baled: That Ordinance Nos. 1~., 17, 18, 19, 2~ s 3, 9, 1: 9 , 10 , 117, 118, 138, 111-5 16©~ 175, 191, 197:.237, 2~.2, ~~-, 303, 304, 41~+, x.33, 4~8, 1~~0, 53a, 53~-, 590, 591, and 6~.6 be and same are hereby repealed. ~ ~ .. ., Section 2. Fmer~ency Clause. It being found and determined by the City Counci 1 of West Memphis, Arkansas that updating of the City Ordinances for codification purposes is immediately needed and there are some ordinances out-of-date which should be repealed, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its passage and approval. Alderman Horton introduced an ordinance entitled: AN ORDINANCE TO AMEND ORDINANCES N0. x.28, 129, AND l~03, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES and the City Attorney read the ordinance in full. ~~ Alderman Grimsley, 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 voting was as follows: Aye: Aldermen: Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson, No : None . Thereupon the Mayor declared that at least two-thirds of all members of the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read the second time by the City Attorney. Alderman 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 mot~:on and the roll being called the voting was as follows : Aye : Aldermen : Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hi ghtower, Horton, and Hutcherson.. 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 Smith, 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 voting was as follows : Aye: Aldermen: Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. No : None . Alderman Dickerson, seconded by Alderman Dabbs, moved that Section l~, the emergency clause, be adopted, and on roll call the voting was as follows Aye: Aldermen: Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and 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 No. 7~.8. The ordinance read as follows: ~r ORDINANCE NO . 718 ._______ AN ORDINANCE TO .AMEND ORDINANCES N0. 42$, 1.x.29, AND ?.}.03, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES BE Z T ORDAINED BY THE CITY C OUNCI L OF THE CITY' OF WEST MEMPHIS, ARKANSAS: Section 1. So much of Ordinance No. l~28, Section 2, Paragraph 3, that reads: "any person passing the examination by a score or grade of seventy per cent {70~)" is amended to read: "any person passing the examination by a score or grade of seventy percent {70~) or higher" All other provisions contained in Ordinance No. t~28 shall remain in full force and effect except as herein specifically amended. Section 2. So much of Ordinance No. ?~29, Section 2, Paragraph 3, that reads: "any person passing the examination by a score or grade of seventy per cent (70f)" is amended to read: "any person passing the examination by a score or grade of seventy per cent (70J) or higher" All other provisions contained in Ordinance No. 129 shall remain in full force and effect except as herein specifically amended. Section 3. So much of Ordinance No. l~03, Section 2, Paragraph 3, that reads: "any person passing the examination by a score or grade of seventy per cent (70~) " is amended to read: "any person passing the examination by a score or grade of seventy per cent (70 f) or hi gher rr All other provisions contained in Ordinance No. l~03 shall remain in full force and effect except as herein specifically amended. Section ~.. Emergency Clause. It being found and determined by the City Council of West Memphis, Arkansas, that updating of the City ordinances for codification purposes is immediately needed and there are some parts of ordinances out-of-date which should be amended, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its passage and approval. ~3:3'r~.'rz`si: Alderman Bentley introduced an ordinance entitled: AN ORDINANCE T 0 AMEND SECTION ONE (1) , ORDINANCE 212 , DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES and the City Attorney read the ordinance in full, Alderman Hightower, 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 voting was as follows: Aye: Aldermen: Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. No : None . The Mayor thereupon 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 Grimsley_then moved that the rule requiring the reading ©f endeddand thatnthell on three different days be further susp ~~ ordinance be placed on its third reading. The Mayor put the question on the adoption of the motion and the roll being called the voting was as follows: Ayes Aldermen: Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutche rson. 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 Smith, 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 voting was as follows Ayes Aldermen: Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. No None. Alderman Dickerson, seconded by Alderman Dabbs, moved that Section t3), the emergency clause, be adopted, and on roll call the voting was as follows: Aye: Aldermen: Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. No s Nvne . 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. # 719. The ordinance read as follows: ORDINANCE N0. 7~.9 AN ORDINANCE TO AMEND SECTION ONE (1), ORDINANCE 212, DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1. Section 1, Ordinance 212, is hereby repealed and the following is substituted therefor. The Mayor shall hold his off ice during the term for which he shall have been elected, and until his successor shall have been a lected and qualified. He shall keep an office at some convenient place in the City, to be provided by the City Council, and shall keep the corporate seal of the City in his charge . In case of his death, disability,,, re~ignat ion, or other vacation of his office, the City Council may, bg vote of a ma~'ority of all its members, appoint some other person to act until the expiration of said term or disability, if the unexpired term of his office is less than six (6) n3onths; otherwise, an election shall be ordered in accordance with the laws of the State; a removal from the City shall be ~- deemed a vacation of his office. Section 2. All other parts of Ordinance 212 remain in full force and effect unless amended by this ordinance . Section 3. Emergency Clause, It Being found and - determined by the City Council of West Memphis, Arkansas that updating of the city ordinances for codification purposes is ~.t immediately needed and there are some parts of ordinances out-of-date which should be repealed, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its passage and approval. # ~k ',~ ?i # # ?t :~r it ~" Alderman Grimsley irtH~d~tced an ordinance entitled: AN ORDINANCE TO REPEAL SECTIONS 3 AND 4, ORDINANCE 167, DECLARING AN EMERGENCY AND FOR 0 THER PURPOSES. and the City Attorney read the ordinance in full. Alderman Dabbs, seconded by Alderman Dickerson, 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 voting was as follows: Aye: Aldermen: Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. Nos 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 Hutcherson, seconded by Alderman Smith 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 voting was as follows Aye : Aldermen: Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson . 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 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 voting was as follows: Ayes Aldermen: Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and Hutcherson. No : None . ~~•. Alderman Harris, seconded by Alderman Horton, moved that Section ~, the emergency clause, be adopted, and on roll call the voting was as follows: Aye: Aldermen: Smith, Bentley, Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, and 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 No. 750. The Ordinance read as follows ORDINANCE N0. 750 AN ORDINANCE TO REPEAL SECTIONS 3 AND 4, _ ORDINANCE 167, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS Section 1. Sections 3 and 4 of Ordinance lb7 of the City of West Memphis, Arkansas are hereby repealed. Section 2. Emergency Clause. It being found and determined by the City Council of the City of West Memphis, Arkansas that updating of the City Ordinances for codification purposes is i~nnediately needed and there are parts of ordinances out-of-date which should be repealed, 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 informed the Council the following letter had been received from the City Attorney pertaining to backyard sales, etc.: November 27, 1972 Honorable Tilden Rodgers Mayor, City of Wes t Memphi s City Hall West Memphis, Arkansas 72301 Dear Mayor Rodgers: Sometime ago you asked me to check on backyard sales, attic sales, church sales, etc. At the present time I believe all of these sales .:fall under Section ~:ll~, Home Occupations, Page 52, Ordinance X15, which i s our zon~.ng ordinance . There are certain provisions of this ordinance which must comply with the following: No external or externally visible evidence of the occupation, no noise, smoke, dust, or fumes; only members of the immediate family engaged; all advertising by telephone or mail, and a few more not specifically pertaining to this subject. Should you have any requests in the future, I suggest that you call attention to this ordinance or have the parties see me. Very truly yours, /S/ ROBERT L. SMITH City Attorney y ~3 After discussion the concensus was to study the matter as to providing one day special permits for garage sales. Mayor Rodgers informed the Council the following letter had been received from Senator Richard S. Schweiker pertaining to flood control: November 17, 1972 Robert L. Smith, Esq. City Attorney City of West Memphis West Memphis, Arkansas 72301 Dear Mr. Smith: Thank you for your letter November 6th. As you know, I introduced legislation to revise the existing flood control law several months ago. Unfortunately, this legislation was not acted on during the last few months of the 92nd Congress, but I do intend to reintroduce my bill early next year. For your information, I am enclosing herewith a copy of my introductory remarks, which includes a reprint of the bill itself. It is somewhat difficult for me to advise you on the advantages and dis- advantages of having flood insurance for your community, so I am taking the liberty of forwarding a copy of your letter to the Department of Housing and Urban Development, which administers this program, for their analysis. I might point out, however, that many of the communities in Pennsylvania which were devastated by the flood of last June and had had any significant flooding since 1936. I think many of these communities now wish that they had been eligible for flood insurance so that individual citizens would in turn have been eligible to purchase the insurance. I will be in touch with you again as soon as I receive a reply from HUD. Sincerely, /S RICHARD S. SCHWEIKER UNITED STATES SENATOR It was decided to hold the matter in abeyance until additional information is received. Alderman Horton inquired as to progress being made on traffic control lights on N. 7th Street, and Eddie Brawley reported the Engineer+s Office is working on analysis of traffic. No further business being presented, the meeting was adjourned. c ~~ ~~ MAYOR r~ ~ _. ~` ~'Q'~~ ATTEST ~~"~ - ` ~~-` CITY RK APPROVED: