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December 21, 197299 ~,~, MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HELD ON THE 21ST DAY OF DECEMBER, 19?2. 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 p.m. on the 21st 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: M. P. Scott, B. G. Smith, R. T. Bentley, W. R. Dabbs, Thomas Dickerson, D. M. Grimsley, Pritchard Horton, C. D. Hutcherson; and City Attorney R. L. Smith. Also present was Alderwoman-elect Miss Ann Payton. Absent: Alderman J. E. Hightower and Alderman W. L. Harris. It being determined a quorum was present, the following proceedings were had t o-wit: Mayor Rodgers reported t o the Council that Miss Jean Hillenc amp was on vacation and Mrs. Gladys Hutzel would be acting secretary in her absence. He stated also that since Mrs. Hutzel was not feeling well and had gotten out of bed to come down to take the minutes, he would like to hear a motion to waive reading minutes of the previous meeting. A motion was made by Alderman Scott and seconded by Alderman Dickerson that minutes of the previous meeting be waived. Upon vote, the voting was as follows Aye: Smith, Bentley, Dabbs, Dickerson, Grimsley, Horton, Hutcherson and Scott . No: None. Mayor Rodgers announced Mrs. Diane Perry was in the audience and asked that she approach the Council Table. The Mayor expressed his appreciation for her participation in the Christmas Parade. He presented her with a plaque with the following inscription: ''To Diane Perry for your untiring efforts in keeping the spirit of Christmas alive in the hearts and lives of the citizens of West Memphis, the Mayor and City Council wish to express their deep appreciation to you on this 21st day of December, 1972. -r Alderman Billy Smith, Chairman of the committee t o canvass bids for Butane for City vehicles, reported that the bid was awarded to Clean-Air Fuel, based on 35,000 gallons at 13¢ per gallon. An Ordinance read the first time on December 7th, 1972 entitled: t1 An Ordinance Accepting Territory Annexed To The City Of West Memphis, Incorporating Such Territory Into Ward Four (l~) of Such City~~ was read for the second time by City Attorney Robert Smith. Alderman Grimsley, seconded by Alderman Hutcherson moved that the second reading of the Ordinance be approved. Upon roll call vote, the voting was as follows: Aye: Smith, Bent ley, Dabbs, Dickerson, Grimsley, Horton, Hutcherson and Scott . No: None. The Mayor thereupon declared the Ordinance approved on second reading, Mayor Rodgers informed the Council that the appointment of Mr. Charles Douglas, a member of the Urban Renewal Commission, had expired and inasmuch as the Commission had recommended reappointment of Mr. Douglas for another five year term, the Mayor asked members of the Council for approval of this appointment. Alderman Scott, seconded by Alderman Hutcherson moved that Mr. Charles Douglas be appointed for another five year term. Upon vote, the voting was a.s follows: Aye: Smith, Bentley, Dabbs, Dickerson, Grimsley, Horton, Hutcherson and Scott . No: None. ~ ~~ ~` Mr. Cy Bond presented a proposal for the extension of Tyler Street from South Avalon west a distance of 155 feet which was approved. Earlier a 200-foot extension had been approved and the added 55 feet will give street frontage to a proposed new office building to be erected by McCarley and Company. Future planning calls for the street to eventually be extended to connect with Rice Street with a slight southward dip midway between South Avalon and Rice to give street frontage to other proposed office buildings and prevent them from having to open into a proposed new shopping center which is planned by J. C. Rainer between Tyler and West Broadway. Alderman Scott, seconded by Alderman Dickerson, moved that the plat be approved, subject to approval of improvement plans by the City Engineer's office. Upon vote, the voting was as follows Aye: Smith, Bentley, Dabbs, Dickerson, Grimsley, Horton, Hutcherson and Scott . No : None . Mayor Rodgers informed the Council that an Ordinance to Adopt the National Electrical Code, 1971 Edition had already been repealed, but in haste to satisfy the Book Publishing Compar~p in Washington, through error, the en- tire Ordinance was repealed, rather than amendments to certain sections of the Ordinance. Mr. Smith told. the Council that he had several Ordinances to present today and this would be the last meeting before the ordinances goes to the publishers to codify, as December 31st, 1972 is the cut-mff date. Alderman Dabbs introduced an Ordinance entitled: " An Ordinance For The Adoption Of The National Electrical Code, 1971 Edition, Providing For Punishment For Violations Of Such Regulations, Declaring An Emergency And For Other Purposes", 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: Smith, Bentley, Dabbs, Dickerson, Grimsley, Horton, Hutcherson and Scott . No: None. Thereupon the Mayor declared that at least two-thirds of all members of the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The Ordinance was then read the second time by the City Attorney. Alderman Smith, seconded by Alderman Scott then moved the rule requiring the reading of an ordinance in full on three different days be 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: Smith, Bentley, Dabbs, Dickerson, Grimsley, Horton, Hutcherson and Scott . No: None. r 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 third time by the City Attorney. Alderman Bentley, seconded by Alderman Horton; moved that the Ordinance be adopted . The quest ion was put by the Mayor on the adopt ion of the mot ion and the roll being called, the following voted Aye: Smith, Bentley, Dabbs, Dickerson, Grimsley, Horton, Hutcherson and Scott . No : None . The Mayor thereupon declared the ordinance and the emergency clause be adopted and signed the Ordinance, which was attested by the City Clerk 101 and impressed with the seal of the City. The Ordinance was given No. 751, and read as follows: .~~_ D ~A~~v~N~~ ~'d ~S1 AN ORDINANCE FOR THE ADOPTION OF THE NATIONAL ELECTRICAL CODE, 1971 EDITION, PROVIDING FOR PUNISHMENT FOR VIOLATIONS OF SUCH REGULAT ICt~d S, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES BE IT H~R~~X`~ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,. ARKANSAS: Section 1. There is hereby adopted by the City of West Memphis, Arkansas, pursuant to Act No. 267 of the Acts of the General Assembly of Arkansas, 19?~.9, for the purpose of estab- lishing rules and regulations governing the use of electricity for light, heat, power, radio signaling, and for other purposes, the National Electric Code, 1971 Edition, of which not less than three (3) copies shall be filed in the office of the Clerk of the City of West Memphis, Arkansas and same are hereby adopted and incorporated as fully as if set out at length herein and from the date on which this Ordinance shall take effect, the provisions thereof shall be controlling within the city limits of the City of West Memphis, Arkansas. Section 2. Any person, firm or corporation who shall violate any of the provisions of this code or fail to comply substantially therewith or who shall violate or fail to comply substantially with any order or regulation made thereunder, shall be guilty of a misdemeanor and upon conviction thereof shall be fined not more than 25.00 for any one specified offense or violation of this ordinance, or double that sum for each repetition of such offense or violation of this ordinance. 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 code, shall not exceed $15.00 for each day that the same may be unlawfully continued. X02 !__ ,__. i Section 3, It shall b® th® duty oaf the Bu.ild~.n~ In9peator to see that this code is enforced. Sect ion~L... Ordinances No . 709 and 717 are hereby repealed. Section 5. This ordinance being necessary for the safety and welfare of the inhabitants of the City of West Memphis, Arkansas, 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. ADOPTED this -~ day of December, 1972. MA OR ATTE" T _ ... .-- .. ~ ~~ ~:..,.,- C ITY C ~GERK ~ Alderman Bentley Intorduced an Ordinance entitled: "An Ordinance To Adopt And Enforce An Official Map And Numbering System For Homes And Places Of Business In The City Of West Memphis, Arkansas"And the City Attorney Read The Ordinance In F~,ill . Alderman Horton, seconded by Alderman Bentley, moved that requiring the reading of an ordinance sn 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: Smith, Bentley, Dabbs, Dickerson, Grimsley, Horton, Hutcherson and Scott. No : None . Thereupon the Mayor declared that at least two-thirds of all members of the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The Ordinance was then read the second time by the City Attorney. Alderman Scott, seconded by Alderman ~nith then moved the rule requiring the reading of an ordinance in full on three different days be 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: Smith, Bentley, Dabbs, Dickerson, Grimsley, Horton, Hutcherson and Scott. No: None. ~~~ The Mayor declared that at least two-thirds of all members of the Council having voted in favor of the motion to suspend the ruley, the motion was carried and the rule suspended. The Ordinance was then read the third time by the City Attorney. Alderman Hutcherson, seconded by Alderman Dickerson, 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: Smith, Bentley, Dabbs, Dickerson, Grimsley, Horton, Hutcherson and Scott . No: None. The Mayor thereupon declared the ordinance and the emergency clause be 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. 752 and read as follows. _- ._, AN ORDINANCE TO ADOPT AND ENFORCE AN OFFICIAL MAP AND NUMBERING SYSTEM FOR HOMES AND PLACES OF BUSINESS IN THE CITY OF WEST MEMPHIS, ARKANSAS IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST .MEMPHIS, ARKANSAS: Section 1. The map prepared by Marion L. Christ and Associates on the 1st day of January 194.5 and filed in the City Court Clerk's Office on the lst day of April, 194,6 along with subsequent and future official additions showing lots, blocks, streets, alleys, and other improvements of the City of West Memphis be, and the same is hereby adopted as the official map of the City of West Memphis . Section 2. That the house numbering shown on said map and maintained by the City Engineer's Office is hereby adopted as the official numbering system for the City of West Memphis and that said designated numbers shall be displayed by suitable means such as painting or placing metallic numbers on the entrances or front portions of homes, stores and other places of business in the City. Such numbers shall be displayed so as to be easily seen from the fronting street. Section 3. Any persons, partnerships, or corporations holding property within the City of West Memphis and failing to comply with the provisions of this Ordinance shall be deemed guilty of a misdemeanor and conviction of same shall be fined in any sum not less than $5.00 and not more than 10.00. Section ~... It is hereby declared and found to be a fact that it is to the interest of the public welfare, and there is hereby need for the adopt ion of this Ordinance ; therefore , it being ~~ ,_ -_ ._. _T~, ~~ ._.... necessary for the preservation of the public peace, health and safety of the residents of the City of West Memphis, an emergency is declared to exist and this ordinance shall be in full force and effect from and after its passage and approval. PASSED AND APPROVED this ~ f day of December, 1972• a ~f--~, rL~~ ~,va MA R ATTEST ..a~~ C T`.I'Y C T~rR Alderman Dabbs introduced an Ordinance entitled: *rAn Ordinance Providing For Penalties, Declaring An Emergency, And For Other Purposes" and the City Attorney read the Ordinance in full. Alderman Horton, seconded by Alderman 0i~iinsley, moved that 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: Smith, Bentley, Dabbs, Dickerson, Grimsley, Horton, Hutcherson and Scott . No: None. Thereupon the Mayor declared that at least two-thirds of all members of the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The Ordinance was then read the second time by the City Attorney. Alderman Smith, seconded by Alderman Bentley, then moved the rule requiring the reading of an ordinance in full on three different days be 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: Smith, Bent ley, Dabbs, Dickerson, Grimsley, Horton, Hutcherson and Scott . No: None. The Mayor declared that at least two-thirds of all members of the Council having voted in favor of the motion to suspend the rules, 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 Dabbs, 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: Smith, Bentley, Dabbs, Dickerson, Grimsley, Horton, Hutcherson and Scott . No: None. 105 The Mayor thereupon declared the ordinance and the emergency clause be 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. 753 and read as follows ORDINANCE N0. 753 i AN ORDINANCE PROVIDING FOR PENALTIES, DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES. WHEREAS, it having been called to the attention of the City Council of the City of West Memphis, Arkansas, that certain ordinances of said City do not have penalties provided therein for a violation thereof, and it being necessary that proper penalties for violation of said ordinances be provided, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1. Every person who shall be convicted of any mis- demeanor, the punishment for which is not otherwise specifically pre- scribed shall be punished by imprisonment of not less than ten (10) days nor more than three hundred sixty (360} days or fine of not to exceed Two Hundred Fifty Dollars ($250.00) or by both such fine and imprisonment. Section 2. Ordinance No. 222 is hereby repealed. Section 3. Emergency Clause. It being found and determined by the Cityy o-~ until of the City of West Memphis, Arkansas that updating of the City ordinances for codification purposes is immediately needed and there are same parts of ordinances out-of-date which should be re- pealed, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after its passage and approval. PASSED and approved this 21st day of December, 1972. Alderman Grimsley introduced an'Ordinance entitled: ~~ An Ordinance Repealing Certain Ordinances Of The City Of West Memphis, Arkansas, Declaring an Eanergency And For Other Purposes~t, and the City Attorney read the Ordinance in full. Alderman Scott, 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 following voted: Aye : Smith, Bent ley, Dabbs, Dickerson, Grims ley, Horton, Hutcherson and Scott . No: None. Thereupon the Mayor declared that at least two-thirds of all members of the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The Ordinance was then read the second time by the City Attorney. Alderman Hutcherson, seconded by Alderman Dickerson, then moved the rule requiring the reading of an ordinance in full on three different days be 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: Smith, Bentley, Dabbs, Dickerson, Grimsley, Horton, Hutcherson and Scott . No: None. U 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 caxried and the rule suspended. The Ordinance was then read the third time by the City Attorney. Alderman Dabbs, 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: Aye: Smith, Bentley, Dabbs, Dickerson, Grimsley, Horton, Hutcherson and Scott . No: None. The Mayor thereupon declared the ordinance and the emergency clause be . 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. 75~. and read as follows ORDINANCE N0, ~---~,-`/ AN ORDINANCE RE PEA LING CERTAIN ORDINANCES OF THE CITY OF WEST MEMPHIS, ARKANSAS, DECLARING AN EMERGENCY AND FOR OTHER PURPOSE S $E IT HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS; Section 1. The following ordinances are repealed: ~- Nos. 103, 206, 210 and .,398. Section 2. Section 4., Ordinance No. i~.58 is hereby repealed. Section 3. Emergency Clause. It being found and determined b y the City Council of West Memphis, Arkansas that updating of the City Ordinances for codification purposes is immediate ly needed and there are some ordinances, and parts of .ordinances out-of-date which should be repealed, an emergency is hereby declared to exist and this ordinance shall be full force and effect from and after its passage and approval. ADOPTED this _~ day of ~~~ t=~~ 1j 1=" 2 1972. ___._ 'w-~.. ~~ C MA O R ATTEST -~ ~,,,~ , CITY C LFR.K ~o~ Mayor Rodgers informed the Council that the Agreement between the Cit of West Memphis, Arkansas and Manes & Associates Inc, y did not appear on the agenda. A motion was made by~Alde ann Grimslet and seconded by Alderman Bentley that the rules be waived and the matter be considered. Upon vote, the voting was as follows: Aye: Smith Bentley, Dabbs, Dickerson, Grimsley, Horton, Hutcherson and Scott . No: None. City Attorney Robert Smith read the following contract: CONTRACT FOR PROFESSIONAL AND TECHIJICAL SER~IICES by and between THE CITY OF C~IEST ME1~~PHIS, ARKANSAS ' and iJ1ANES & ASSOCIATES, INC., PLANNING CONSULTANTS l THIS AGREET~LENT, entered into this da of ~~;'~-~•t.~c,-t Y 1973, by and between the Czty of taest i~2emp is, Arkansa `, a munxc al corporate body of the State of Arkansas, hereinafter referred to as the "City", and manes & Associates, Inc., a corporation organized and existing under the laws of the State of Arkansas , 25d~1 T~1~.llow Street, North Little Rock, Ar7;ansas, hereinafter referred to as t~~e "Planner" . TJ'ITNESSETH taHEREAS, the City desires to engage the Planner to render certain professional and technical services in connection with the undertakings of the City's Planning Commission, the maintenance of the City's Comprehensive Plan, and the initiation of a P~tanagement Assistance Program as hereinafter described. NOG~d, THEREFORE, the parties hereto do mutually agree as follows 1. Employment of Planner .r.r.r.r'.rrr ~~ r~r r +.~ The City hereby engages the Planner and the Planner hereby agrees to perform the services hereinafter set forth within the City of Jest Memphis and its urbanizing environs. II. Scope of Services A., Planning Commission The Planner will provide professional planning assistance to the Planning Commission in their study and review of subdivision plats, requests for zoning amendments, and other matters of a planning nature which are presented to the Planning Commission for their consideration and recommendations. - The Planner will meet regularly with the Planning Commission in regard to the above areas of concern. one The Planner will coordinate the activities of the P~.anning Commission with the appropriate City staff members responsible for administration and enforce- ment. B, Moor and City Council Upon request of the T~~4ayor, the Planner will assist the ~-layor and City Council in their study and review of special problems or areas of concern of a planning or management nature. The Planner will meet with the City Council as neces- sary to present matters forwarded to the Council, from the Planning Commission. C. T•~appinq The Planner will maintain and update the gfficial Plat T~~ap and the Official Zoning Map of the City o f West P~lemph i s . D. Annual Arrangements The Planner will assist the I~Zayor in coordinating and reviewing the Annual Arrangements Agreement between the City of west Memphis and the Depart- ment of Housing and Urban Development. The Planner will prepare status or progress reports required to be submitted to the Department of Housing and Urban Development. The Planner will assist the City in the preparation of a Community Development Statement for the subse- quent year Annual Arrangements Program. E. Aanagement Assistance Program _~ The Planner will prepare a formal application to be submitted to the Department of Housing and Urban Development for financial assistance to the City of West P~4emphis in carrying out a ?Ol T~Tanagement Assistance Program. III. Time of Performance ~'he services of the Planner commence as of January. 1, 1973, and are to continue throughout calendar year 1973. It is understood and agreed that this contract may be terminated by either the City or the Planner upon thirty days written notice. Moreover, it is contemplated that this contract ,.~ - ~, .... - ~;--..~,a may be suspended or revised at such time as the Department of Housing and Urban Development may approve the Application for Federal funds for the undertaking of a 701 l-ianagement Assistance Program as described above in paragraph II.E, IV. Compensation and P~lethod of Payment The City of West Piemphis shall pay to the Planner the amount of Four Hundred Dollars ($440 per month which shall constitute full and complete compensation for the Planner's services under this contract. Payment shall be made without requisitions on the last clay of each. month , IN WITNESS WHEREOF, ~sanes & Associates, Inc. date first above written. ATTEST: the City of West Plemphis, Arkansas and have executed this agreement as of the --~ ,- - ~ ~- , ~..~ _ ,.. City Clerk ATTEST: CITY OF ~~JEST t•1EMPI-iIS , ARKANSAS -. ~~~' ,, ~~ r~~ayor T'IANES & ASSOCIATES, 2 5 01 t-~i 1 low I~Torth Little Rock, INC . Arkansas 72114 By , ~ ~,...~. ~ °~~- President The Mayor stated this money would be paid from Revenue Sharing ~.inds . Alderman Scott, seconded by .Alderman Horton, moved that the Contract be approved and accepted. Upon vote, the voting was as follows: Aye: Smith, Bentley, Dabbs, Dickerson, Grimsley, Horton, Hutcherson and Scott . No : None. Mayor Rodgers asked for a minium of 10¢ per hour for all hourly employees and a minitam of $25.00 per month for salaried employees. ~nployees earning $500.00 or above to receive a ~~ increase, not to exceed $50.00 per month. The Mayor also recommended an increase of $50.00 per month for ten (10) Aldermen, City Treasurer and City Clerk. The Mayor stated the raises would be in line with those of the Utility Commission, but the Utility departments employees would have a higher pay scale. Alderman Grimsley, seconded by Alderman Dabbs, moved that the salary increases be approved. Upon vote, the voting was as follows: Aye. Smith, Bentley, Dabbs, Dickerson, Grimsley, Horton, Hutcherson and Scott . No: None. Mayor Rodgers recommended that the City appropriate $20,000.00 to be used for some type of Retirement for non-uniformed employees. Alderman Bentley, Chairman of the Committee reported studies are being made and will be formulated in the near future. ~~~ Alderman Scott, seconded by Alderman Hutcherson moved that the $20,00000 be approved. Upon vote, the voting was as follows: Aye: Smith, Bentley, Dabbs, Dickerson, Gromsley, Horton, Hutcherson and Scott . No: None. Alderman Bentley asked that an Insurance Committee meeting be called for Wednesday, December 27, 1972 at 10:00 A.M. in the Mayors Office. Alderman Horton reported that ceiling tiles at the Civic Center were continuously knocked out and asked if something could be done to better control. or regulate this situation. i~Sr. Lee Cramer, Superintendent of Parks and Recreation, explained the heavy use of the centers and the various organizations using the facility. He stated the Park Commission would meet on January 2nd and Alderman Horton requested that he report back to the Council. Alderman Grimsley inquired about the traffic light to be installed at Missouri and the Service Road. Mayor Rogers stated the t~•affic light had been ordered and expected to receive word on it anytime. Mayor Rodgers announced this would be the last Council Meeting for Alderman Dabbs and expressed his appreciation for the cooperation, attendance and contributions to the City. He also stated Mr. Dabbs would still continue to serve as ~a:~a~ember of the West Memphis Port Authority. No further business being presented, the meeting adjourned. Mayor ATTES r~~~~~ ~~ I ARK APPROVID ; JANUARY ~., 19 73