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July 19, 1973 MIl~ZITES pF A REGULAR SING OF THE CITY COUNCIL OF THE CITY OF WEST MF~'HI3, SAS, pN THE 19TH DAY OF JIILY, 1973• The Council of the City of West Memphis, Arkansas, in the County of Crittend~ea, State of Arkansas, met in a regular session in the City Hall in said City at 1:30 o'clock p.m. on the 19th day of July, 1973• 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 Aldermen: J. E. Hightower, Pritchard Horton, C. D. Hutcherson, Ann Payton, H. P. Scott, B. G. Smith, R. T. Bentley, and DL M. Grimsley, and City Attorney R. L. Smith. Absent: Aldermen: Thomas Dickerson and W. L. Harris. It being determ3.ned a quorum was present, the following proceedings were had to wits 1~Iinntes of meeting on July 5, 1973, were approved as read. Alderman Harris made a delayed appearance. Alderman Smith, Cha3.rnan of the Cable Television Committee, read the following committee report: - _ _ -_ - __- _-- __ - _ - _ ----- _ _ -- -- ~~~ Gentlemen ~~ '~ The Committee appointed by Mayor Tilden Rodgers on May 1'7, w - ~ 1973 for the purpose of making an extensive study of Cable I t Television and for the further purpose of reporting its findings I and recommendations to the West Memphis City Council wa ~ composed j of M. P. Scott, Pritchard Horton, and Billy G. Smith. The Committee wishes to express its appreciation to each individual and group of individuals applying for franchises for their apparent sincerity in assisting the Committee in its effort to assemble sufficient information upon which to base an intelligent decision. Each individual and group was in stated agreement with the Committee that the very best service available for the citizens of the West Memphis area should be our goal. The following groups sent representatives to the City for the purpose of presenting their programs and/or plans to the Committee. 1. Communication Properties, Inc., - Austin, Texas 2. Cable T.V. Co., Inc., - West Memphis and Forrest City, Arkansas 3. Athena Communications Corporation, - New York, New York 9 It is felt by the Committee that each group presented itself well with knowledgeable representatives giving detailed information upon which the Committee was able to build a format for its final decision. Numerous letters of correspondence were written to seek additional information. In the interest of space and time this report will not deal with technical aspects of a cable T. V. system. 44 __ ___ _ ...... _..... . ased upon the findings of the Committee, the following points seemed most important: 1. There are about 3,000 cable T.V, systems in operation in the country. Many, if not most of these, have been and are still losing money. The conclusion is that cable T.V. does not guarantee an immediate profit to'~~ its owners. 2. The approximate cost of installation of a complete system in West Memphis is $500,000.00 to $750,000.00. These figures are based upon the present number of homes and miles1of streets in `"the City. West Memphis' projected growth over the next eight (8) to ten (10) years indicates that these figures may double during that time with the conclusion being that the o.rgan~_zation receiving the final franchise must be one of sufficient financial ,strength to install a first-rate system as well as maintain expansion consistent=with the growth of the City. 3. Cable T.V, is controlled in its programming by the Federal Communications Commission. Any organization receiving a franchise must comply and continue to comply with the FCC rules and regulations. The important point to the Committee is that the FCC must not favor one group over another. That is to say, what one corporation could deliver to the City,for viewing, the other groups also could deliver; anc~, the conclusion being that no one franchise applicant had any distinct advantages of pro- gramming over another. The Committee listed the following points which it believed to be of utmost importance with regard to the awarding of the final franchise. 1. The Company must have had extensive experience in installing, and maintaining CATV systems in the larger metropolitan areas. __ 2. The Company must have proven capabilz_ties in the installation of two-way systems which are sound and reasonabl;yT trouble free. 3. The Company must be sound financially to the end that it can operate within the financial income provided b,y the citizens ~:~ of West Memphis, Arkansas based upon a reasonable cost to the subscribers. .,:~ ; ~. The Company must install, and operate at no cost, one (1) outlet or hookup in each public school, each. City owned building and each library located within the City of West Memphis. ~-'~° .'k ___ _n._.lIY~_ _-_-__ _... _ _. _._ _.. _... - 5. Tile Company must be willing to place at least 20~ of j I ' its stock in the ownership of individuals slaving a local interest ', within the City. 6. The Company must make every effort on a continued basis to obtain FCC approval for the importation into West Memphis, Arkansas of signals from at least one Little Rock, Arkansas. 7. The Comp any must immediately recommendations from a local citizens by the Mayor and app roved by the City is to work with the Comp any in determ T.V, station located in agree to accept reasonable committee to be appointed Council, and said committee fining programs to be shown over the system. 8. The Comp any must agree to establish a suitable broadcasting st:l~.dio and- office in West Memphis, Arkansas. The West Memphis system must be distinct and separate from any other system. The office and field staff must be composed of local residents. The Comp any must agree to employ and train local individuals at its own expense. 9. The Company must agree to offer to its subscribers the ~~ best available T.V, tornado warning devise to be installed by the Company at a reasonable cost and to be operated on a twenty-four hour b ~ ~ = ,~ ~: - a ~ -__ _ -_ _ _- -- i0. Loe~,:__ ~b~~~at;lori prograrr~~ must be offe=red fr. om the ~~ outset rather than waiting until a required number of subscribers are obtained. It is highly recommended that at least one (1) local origination channel be designated for blacks and carrying programs which are of special interest to our black citizens. Based upon the foregoing ~en (10) points and other information obtained, it is the unanimous opinion of the Committee that the Athena Corr~munications Corporation offers the best total packaged program of cable T.V. available to the citizens of West Memphis, Arkansas at this time. It is, therefore, the recommendation of this Committee that the existing franchise with Athena be rewritten to comply with the points in this report and all present h,CC regulations, and that it then be ratified by the West r~emphis City Council and that no other franchises be granted. Respectfu~~ly su~nitted, ~~._ Billy smith Char' an 4G After comments on the report motion was made by Alderman Smith, seconded by Alderman Scott: That award to Athena Cocatioas Corporation, and rewrite the original ordinance to incorporate reeom~e~dations of the report. During discussion on the motion Attorney Elton Rieves, III, Doyle Crawford and Manuel Perna of Cable T. V. Co, Inc. presented information on their compar~y and requested a franchise be granted to their company; also Ray Stevenson and J. L. Pate of Crittenden County Video System reiterated their request. Upon roll call vote on the motion, the voting was as follows: Aye: Aldermen: Horton, Hutcherson, Payton, Scott, Smith, Bentley No: Aldermen: Harris, Hightower, and Grimsley. The motion passed. Mayor Rodgers announced bids to repair flashing and seal coping of roofs of Fire Stations 1, 2, and 3 as per Notice published in the ;Evening Times on June 28th and July 5th would be received. The bids read as follows: B & W Paint and Roofing $285.00 Stosum Roofing Company ~ $2,150.00 Delta Roof and Sheet Metal Co. 2,965~p0 Texas Refining Corp. ~ 1, 368.,58 Motion was made by Alderman Hutcherson, seconded by Alderman Grimsley: That bids be turned over to the Fire Committee for awarding of bid. Upon vote, the voting was as follows: Aye: Aldermen: Harris, Hightower, Horton, Hutcherson, Payton, Scott, Smith, Bentley, and Grimsley. No: None. Hearing on vacating ,street in Thompson Subdivision as per notice published in the. Evening Times on June 26th and July 3rd was held. Attorney James E. Myatt, Jr. appeared on behalf of the petitioner. No one appeared to object to vacating the street. better from 0. P. Johnson of West Memphis Utilities requesting the ordinance closing the street reflect a Utility Easement along the east property line as shown on plat of October 1933 was read. The question df the easement was referred to the City attorney, who recommended the ordinance be adopted as presented upon assurance of Attorney Matt an amended ordinance would be prepared if problems arise. Thereupon an ordinance was introduced by Alderman Grimsley, and the City Attorney read the ordinance in full. Alderman Horton, seconded by Alderman Hightower, mmoved 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 sad the. roll being called, the following voted: Aye: Aldermen: Harris, Hightower, Horton, Hutcherson, Payton, Scott, S~.th, Bentley, and Grimsley. No : , Noae . Thereupon the Ma~ror 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 Harris, seconded by Alderman Scott tin 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 notion and the roll being called the following voted: Aye: ,Aldermen: Harris, Hightower, Horton, Hutcherson, Payton, Scott, Smith, Bentley, and Grimsley. No : None . The Mayor declared that at least two-thirds of 811 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. ~~7 Alderman Bentley, seconded by Alderman Payton, 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 voteds Aye: Aldermen: Harris, Hightower, Horton, Hutcherson, Payton, Scott, Smith, Bentley, and Grimsley. No: Noae. Alderman Smith, seconded by Alderman Hutcherson, mo~edo~t v~oted.n 3 the emergency clause be adopted, and on roll call the foil g ,dye: Aldermen: Harris, Hightower, Horton, Hutcherson, Payton, Scott, with, Bentley, and Grimsley. 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. 779, and read as follows: - _ ti ~ ORDINANCE N0. __1~ / OF 1973 WHEREAS, a Petition was duly filed with the City Council of the City of West Memphis, Arkansas, on the 15th day of June, 1973, asking the City Council to vacate and abandon all that portion of the street estimated to be 40 feet North and South by 200 feet East and West which lies North of Lot 67 and South of Lot 68 of the M. L. Thompson's West Memphis Sub-Division to said City as same appears of record in a Plat of said Sub-Division prepared by St. George Richardson, C. E., in February of 1925, and filed for record on October 10, 1929, in Plat Book 1 at Page 42, in the Of- fice of the Recorder of Crittenden County at Marion, Arkansas; and, ~~ WHEREAS, after due notices as required by law, the Council has, at the time and place mentioned ~.n the notice, heard .all per- sons desiri~ig to be heard on the question and has ascertained that the street or portion thereof, hereinbefore described, has heretofore been dedicated to the public use as a street .herein de- scribed; has not been actually used by the public generally for a period of at least thirty-nine (39) years subsequent to the fil- ing of the Plat; that all the owners of the property abutting upon the portion of the street to be vacated have filed with the Council their written consent to such abandonment; and that. public interest and welfare will not be adversely affected by the abandonment of such street. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1. The City of West Memphis, Arkansas, hereby re- leases, vacates and abandons all of its rights, together with the rights of the public generally, in and to the street designated as follows All that portion of the street estimated to be 40 feet North and South by Z00 feet East and West which lies North of Lot 67 and °~~ South of Lot 68 of the M. L. Thompson's ~~ West Memphis Sub-Division to the City of West Memphis, Arkansas, as same now .appears of record on a Plat of said Sub-Division prepared by St. George Richardson, C. E., in February of 1925, and filed for record on October 10, 1929, in Plat Book 1 at Page 42, in the Office of the Recorder of Crit- tenden County at Marion, Arkansas. Section 2. A copy of the Ordinance duly certified by the City Clerk shall be filed iil the Office of the Recorder of the County and recorded in the Deed Records of the County. Section 3. This Ordinance shall take effect and be in force from and after its passage. 48 Mayor Rodgers brought to the Councils attention designating an Agent for the City in applying for Federal financial assistance under the Disaster Relief Act. Eddie Brawley of tth~e Engineering department informed the C©uncil of work ~~~~ d $ ~Ho ~ pct f c1~de ~ia~o~~~cl ~ ~ p e~te~c :~on v~ e ~ ~4~~~ p , vo as as~ows . Aye: Aldermen: Harris, Hightower, Horton, Hutcherson, Ps`yton, Scott, Smith, Bentley, and Grimsley. N©: None. The resolution read axs follows s RESOLUTION NO. 1172 -~--- BE IT RESOLVED BY City Council of West Memphis, Arkansas, That Eddie Brawley, Asst City Engineer is hereby authorised to execute for and in behalf of West Memphis, a public entity established under the laws of the State of Arkansas, this application and to file it in the appropriate State office for the purpose of obtaining certain Federal financial assistance under the Disaster Relief Act (Public Law b06, 91st. Congress). Mayor Rodgers informed the Council an ordinance had been prepared to adopt the Municipal Code, and City Attorney Smith commented on the codification. Alderman Hutcherson introduced the ordinance entitled "An Ordinance Of The City Of West Memphis, Arkansas, Adapting The "West Memphis Municipal Code," A Codification Of The Permanent And General Ordinances Of The City Of West Memphis, Ar'ksnsas" , and the City Attorney read the ordinance in ft:ll. . Alderman Smith, seconded by Alderman Payton, moved that the rule re~uj.ring 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: Ayes Aldermen: Harris, Hightower, Horton, Hutcherson, Payton, Scott, Smith, Bentley, and Grimsley. ~To : None . Thereupon the Mayor declared that at least two-thirds of all members of the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read the second time by the City Attorney. . Alderman Bentley, seconded by Alderman 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: Harris, Hightower, Horton, Hutcherson, Payton, Scott, Smith, Bentley, and Grimsley. Ato s 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 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: Harris, Hightower, Horton, Hutcherson, Payton, Scott, Smith, Bentley, and Grimsley. No: None. Alderman Horton, seconded by Alderman Grimsley, moved that Section 10, the emergency clause be adopted, and on roll call the following voted: Aye: Aldermen: Harris, Hightower, Horton, Hutcherson, Payton, Scott, Smith, Bentley, and Grimsley. No: None . y ''~°. . ~„~ c fix, r, ~' ` ~ ''~ t~ .~.. ~, The Mayor thereupon declared 'the orb-~Ce ~d the e~ergeney clause adopted and signed tie ordinance, which was attested by the City Clerk and impressed with the seal of the City. The ordinance was given No. 780, and read as Poll®ws : _ - - _ --- -_ -- DINANCE N0. ~ `~ OR _r - N ORDINANCE OF THE CITY OF WEST MEMPHIS, ARKANSAS, ADOPTING THE "WEST A ~~i MEMPHIS MUNICIPAL CODE," A CODIFICATION OF THE PERMANENT AND GENERAL ORDINANCES OF THE CITY OF WEST MEMPHIS, ARKANSAS WHEREAS, the Arkansas State Legislature has provided for the codifi- cation and publication of the permanent and general ordinances of ,, cities and towns in Sections 19-2424--19-2427 of the Arkansas Statutes Annotated; and Washington has compiled, '~ WHEREAS, the Book Publishing Company, Seattle, edited and ublished a codification of the permanent and general ordi- p nances of the city of West Memphis, Arkansas; and WHEREAS , there have been f i led and there are now on f ile in the office of the city clerk, for public inspection three copies of a document entitled "West Memphis Municipal Code." BE IT ENACTED BY THE CITY COUNCIL OF THE CITY OF WE5T MEMPHIS, ARKANSAS: Adoption. Pursuant to the provisions of Sections 19-2424-- Section 1. 19-2427 of the Arkansas Statutes Annotated, there is hereby. adopted ~~~ the "West Memphis Municipal Code" as published by Book Publishing Company, Seattle, Washington. _ Section 2. Title--Citation--Reference. This code shall be known as the "West Memphis~~Municipal Code" and it shall be sufficient to refer to said code as the West Memphis~Municipal Code" in any prosecution for the ~~ violation of any provision thereof or in any proceeding at law or ..equity. It shall be sufficient to designate any ordinance adding to, amending, correcting or repealing all or any part or portion thereof as an ,addition to, amendment to, correction or repeal of .the "West Memphis Municipal Code." Further reference may be had to~the titles, chapters, sections and subsections of the "West Memphis Municipal Code" and such references shall apply to that numbered title, chapter, section or subsection as it appears in the code. Section 3. Codification authority. This code consists of -all the 4 ': regulatory and penal ordinances and certain of the administrative ordi- nances of the city of West Memphis, Arkansas, codified pursuant to the provisions of Sections 19-2424..--19-2427 of, the Arkansas Statutes Anno- ~ tested. _ .,~, Section 4. Reference applies to all amendments. Whenever a reference is made to this code as the "W~~t Memphis Municipal Code" or to any portion thereof, or to any ordinance of the city of West Momphis, Arkansas, the reference shall apply to all amendments, corrections and additions here- tofore, now or hereafter made. Section 5. Title, chapter and section headings. Title, chapter and section headings contained herein shall not be deemed to govern, limit, modify or in any manner affect the scope, meaning or intent of the provisions of any title, chapter~or section hereof. Section 6. Reference to specific ordinances. The provisions of this code shall not in any manner affect matters of record which refer to, or are otherwise connected with ordinances which are therein speci- fically designated by number or otherwise and which are included within the code, but such reference shall be construed to apply to the comes- w ponding provisions contained within this code. 5U __ _ _ ~~~.ction 7. Effect of code on past actions and obligations. Neither ~,~:~e adoption of this code .nor the repeal or amendments hereby of any ~.rdinance or part or portion of any ordinance of the city shall in an manner affect the prosecution for violations of ordinances, which y `violations were committed prior to the effective date hereof, nor be construed as a waiver of any license, fee, or penalty at said effective date due and unpaid under such ordinances, nor be construed as affect- ing any of the provisions of such ordinances relating to the collection of any such license, fee, or penalty, or the penal provisions applicable to any violation thereof, nor to affect the validity of any bond or cash deposit in lieu thereof required to be posted, filed or deposited pursuant to any ordinance and all rights and obligations thereunder appertaining shall continue in full force and effect. ~. Section 8. Effective date. This code shall become effective on the date the ordinance adopting this code as the "West Memphis Municipal Code" shall become effective. Section 9. Constitutionality. If any section, subsection, sentence, clause or phrase of this code is fob any reason held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining portions of this code. The council hereby declares that it would have passed this code, and each section, subsection, sentence, clause and phrase thereof, irrespective of the fact that any one or more sections, subsections, sentences, clauses or phrases had been declared invalid or unconstitutional, and if for any reason this code should be declared invalid or unconstitutional, then the original ordinance or ordinances shall be in full force and effect. Section 10. Emergency Clause. It being found and determined by the Clty Council of the City of West Memphis, Arkansas, that the "West Memphis Municipal Code" is now ready for immediate use, and it is necessary that the West Memphis City Council officially adopt this code by ordinance, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect from and after its passage and approval as required by law. ._...'- Mayor Rodgers and Assistant Chief of Police Thompson brought to the Council's attention the dog incinerator purchased in 1967 has a 70 lb. capacity, acid is not sufficient for present needs. The purchase of a larger unit from Revenue Sharing Funds was discussed, and Administrative Assistant Jay Woods elaborated on requirements of the 'Davis Act and construction projects using Revenue Sharing Funds. Motioawas wade by Alderman Hutcherson, seconded by Alderman Horton: Mayor be sutho7rized to advertise for bids for dog incinerator to be purchased from Revenue Sharing Funds. Upon vote, the voting was as.follows: fi,e: Aldermens Harris, Hightower, Horton, Hutcherson, Payton, Scott, Smith, Bentley, and Grimsley. ~o = None . Alder~ri Hightower presented complaint as to air conditioner at L. R. Jackson Community Center, and Mayor Rodgers advised repairs should be completed and the syste~ in operation, he would contact Mr. Cramer of the Park Commission. Alderman Horton, Chairman of the committee to study repair service for the City's radio system advised after contacting a number of persons manpower is available, h4weverr--Qbtaining~parts for repairs is the preblem especially from 6:00 p.m. Satturday' until 8:00 a.m. Monday and to stock pile parts for the City's redi.o system would cost thousands of dollars. A proposal resulting from meeting of Aldermen Horton, Hightower, and Grimsley with Mr. Don Howe, Motorola Represerla,tive, was presented as follows: The City pay for labor on the basis of $16.00 per hour plus overtime and parts $t retail price provided the City agrees to sign the proposed $313.00 per month service contract after the 60 days that the proposal would ba in effect. Mr. Howe assured the Council the City would receive immediate ~~,y;,~ervice at any time when call Motorola if the $313.00 per month contract is ~y±' N~cut,~d. After discussion of service, equipment, payments 30 days in advance, and budget motion was made by Alderman,.;B®ntley seconded by Alderman Grimsley: That ~: Mayor be authorized to enter i.rYtt service contract with Motorola effective August 1st. Upon vote, the voting was as follows: Aye: Aldermens Harris, Hightower, Horton, Hutcherson, Payton, Scott, Smith, Bentley, and Grimsley. No :. Node . .. .. !,~ 51 Mayor Rodgers read the following letter from Morris H. Fair: The Honorable Tilden Rodgers Mayor, The City of West Memphis West Memphis, Arkansas 72301 July 16, 1973 Re: $1,500,000 City of West Memphis, Arkansas General Obligation Refunding and Improvement Bonds, Series A Dear Mayor Rodgers: I would like to finalize my compensation arrangement for serving as financial consultant in connection with the issue referred to above. I think the ffiost equitable arrangement for this type service is covered by the policy of the Municipal Advisory Council of Texas. I am enclosing a copy of the Texas policy and recommended minimum fees. The fee for the $1,500,000 issue as recommended by Texas would be computed as follows: For issue of $1,000,000 $5,920.00 $2.70 per thousand for $500,000 1 3 0.00 Total 7,270.00 Factor for multiple installment issues l•~ ___.____ Total Fee e 908 I am also enclosing the recommended fee schedule by the Florida Security this Dealers Association which provides for a fee of $12,l~00.00 for an issue of type. There is no association or fee schedule available in Arkansas or Tennessee. In view of the convenient situation, it is my plan to request a fee et}ual to 50~ of the Texas schedule or $~.~,500.00. Please feel free to confer with anyone ~~ that you may desire to determine that this request is reasonable. Call me if w '` you have any questions or I will be in contact with you during the first week in August. Sincerely, /S/ MORRIS H . FAIR Executive Vice President. UMIC, Inc.. After discussion, motion was made by Alderman Smith, seconded by Alderman Hutcherson: That accept fee schedule as per Texas schedule in letter. Upon vote, the voting was as follows: Aye: Aldermen:Harris, Hightower, Horton, Hutcherson, Payton, Scott, Sm3.th, Bentley, and Grimsley. No: None. Alderman Horton requested the Police Department give special attention to motorbike and motorcycle riders. Alderman Grimsley expressed appreciation on behalf of the citizens of Ward 3 for street work, and designation of truck routes. No further business being presented, the meeting was ad~ovrned. d ' ~~~ 4 MAYOR ATTE CITY APPROVED: AUGUST 2, 1973