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February 7, 197414f~ MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF NEST MEMPHIS, ARSANSAS, HELD ON THE 7TH DAY OF FEBRUARY, 197. The City Council of the City of West Memphis, ~,rkansas met in regular session at its regular meeting place in West Memphis, Arkansas at 1:30 o'clock p.m., on the 7th dsy of February, 19?~. The following were present: Ma4yor Tilden Rodgers; City Attorney Robert Smith; and Aldermen: J. E. Hightower, Pritchard Horton, C. D. Hutcherson, Ann Payton, M. P. Scott, B. G. Sm3.th, R. T. Bentley, Thomas Dickerson, and D. M Grimsley. Absent: Alderman W. L. Harris. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Meeting on January 17, 19?!~, were approved as read. Alderman Smith reported on meeting with representatives of the Arkansas Highway Department pertaining to acceptance of city streets into the Federal Aid Urban System aid plans formulated. Mayor Rodgers announced the next order of business would be a hearing to determine whether or not there would be an increase in taxicab rates granted to West Memphis Cab Company in accordance with Notice published in the Evening Times on January 22nd. No one appeared to ob3eet to the proposed increase. Rates in comparison to Memphis taxicab rates and complaints as to service were discussed with Mr. and Mrs. J. Swan. Alderman Bentley introduced an ordinance entitled ftAn Ordinance Regulating Taxicab Rates In The City Of West Memphis, Arkansas, Declaring An Emergency, And For Other Purposestt, and the City Attorney read the ordinance in f~i1.l. Alderman Horton, seconded by Alderman Hightower, 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 adop- tion of the motion and the roll being called, the following voted: Aye: Aldermen: Hightower, Horton, Hutcherson, Hri.:a.s~r,Scott, Smith, Bentley, Dickerson No: A3~derman Payton. 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 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: /~,ye: Aldermen: Hightower, Horton, Hutcherson, Grimsley, Scott, Smith, Bentley, Dickerson. No: Alderman Payton. 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 following voted: Vie: Alderman: Hightower, Horton, Hutcherson, Grimsley, Scott, Smith, Bentley, Dickerson. No: Alderman Payton. Alderman Dickerson, seconded by Alderman Grimsley, moved that Section }~, the emergency clause, be adopted, and on roll call the following voted: Aye: Aldermen: Hightower, Horton, Hutcherson, Grimsley, Scott, Smith, Bentley, Dickerson. No: Alderman Payton. J i~~ 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. 793. The ordinance read as follows: ORDINANCE N0. 793 AN ORDINANCE REGULATING TAgICAB RATES IN THE CITY OF WEST MEMPHIS, ARKANSAS, DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1. There is hereby established a uniform schedule for taxicab rates in the City of West Memphis, Arkansas, which shall be as follows: PJLSSBNGERS: lst Mile $ .70 Each Additional One -Quarter (~) Mile .15 $ahh Additional Passenger .25 School Children -Each Additional Child .10 (TRANSPORTING TO AND FROM. SCHOOL) Waiting Time -Per Minute .10 Waiting Time -Per Hour 6.00 PACKAGE DELIVERY: Minimum First Mile $1.00 .70 -Plus $.25 Each Time Driver Leaves The Cab Section 2. _P_e_na_l~t~. Any person, firm, association, or corporation found gui ty of vio al tang any of the provisions of this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof, shall be subject to a fine of not less than Ten Dollars {$10.00} nor more than Twenty-five Dollars ($25.00}. Section 3. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section !t. E~ttergency Clause. It having been determined by the City Council of the City of West Memphis, Arkansas that due to an increase in fuel costs and the need for taxicabs in the City of West Memphis, Arkansas, that this ordinance is necessary for the health, safety and convenience of the citizens of West Memphis, Arkansas an emergency is hereby declared and this ordinance shall be in full force and effect from and after its passage . ~~ Mrs. Alma Sorrells, representing the West Memphis Girl Scout Troops, introduced Mrs. Roland Seward, Director of the Tenn-Ark-Miss Girls Scout Council, who requested the vote to allocate funds for female organizations under Act 8?9 of 1973 be reconsidered. Mrs. Seward informed the Council 622 of the 13,600 girls in the Council are from West Memphis and cost for each girl"is appr~bximately $21.00 to $22.00. The Council derives funds from cookie sale and the Community Chest, however, the funds from the Community Chest are to be reduced 35~ thereby a deficit of approximately $x,500 in funds from West Memphis. After discussion, the Mayor advised could not make a determination until ascertain what payments are to be on the Girls Club of West Memphis, Inc., building. Attorney Ralph Soar appeared on behalf of applicants Mr. and Mrs. Bernard Goldstein for rezoning Lot 73 of the M. L. Thompson's Subdivision. Mr. Sloan stated the property, if rezoned, is to be sold to Mr. Bob Kyle, who plans to remodel the building and move his business across the street where there will be adequate parking at the rear of the building. The recommendation of the Planning Commission that the property be rezoned was presented. Mr. Sloan informed the Council due to time involved in presenting to the Commission and Council the applicant was requesting adoption of the ordinance with the Emergency Clause. Opposition to passage with Emergency Clause was expressed by N.ldermen Scott and Payton. 148 Alderman Dickerson introduced an ordinance entitled: "An Ordinance To Rezone Lot ?3 Of The M. L. Thompsonts Subdivision In The City Of West Memphis, Arkansas, And Declaring An Emergency", and the City Attorney read the ordinance in full. Alderman Hutcherson, seconded by Alderman Smith, moved that the rule requiring the reading of an ordinance iri f'~tll 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, Horton, Hutcherson, Scott, Smith, Dickerson, and Grimsley. No: Aldermen: Payton and Bentley. 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 Hightower 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, Horton, Hutcherson, Scott, Smith, Dickerson, and Grimsley. No: Aldermen: Payton and Bentley. The M or 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 Hightower, 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 following voted: Aye: Aldermen: Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Dickerson, and Grimsley. No: Alderman: Payton. Alderman Grimsley, seconded by Alderman Dickerson, moved that Section 3, the emergency clause, be adopted, and on roll call the following voted: Aye: Aldermen: Hightower, Horton, Hutcherson, Scott, ;~ai.th, Bentley, Dickerson, and Grimsley. No: Alderman: Payton. 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. 791. The ordinance read as follows: ORDINANCE N0. 79~ AN ORDINANCE TO RHONE LOT ?3 OF THE M. L. THOMPSON'S SUBDIVISION in the CITY OF WEST MEMPHIS, ARKANSAS, AND DECLARING AN EMERGENCY WF+ ~ S, 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 by Ordinance No. 715 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, BE IT ORDAINED BY THE CITY COIINCIL OF THE CITY OF WEST 1!~F~MPHIS, ARKANSAS: f ~-~ SECTION I: That the following described property, to wit: Lot 73 of the M. L. Thompson's Subdivision in the City of West Memphis, Arkansas, be and the same is hereby rezoned B-2, General Business District. SECTION II: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION III: EMERGENCY CLAUSE: 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 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. c-~s- Rezoning application for a tract of land in Westwood Acres Sixth Addition was presented by Attorney Ralph Sloan: The rezoning had been recommended by the Planning Commission. After discussion, Alderman Grimsley introduced an ordinance entitled: "An Ordinance To Rezone A Tract Of Land hying In The SEA NE'4, the N~ SEA, the STS SEA and the E~ Si Of Section ]1.~, Township 6 North, Range 8 East", and the City Attorney read the ordinance in full. Motion was made by Alderman Scott, seconded by Alderman Bentley that the first reading of the ordinance be approved. Upon vote, the voting was as follows: • Aye: Aldermen: Hightower, Horton, Hutcherson, Payton, Scott, Smith, Bentley, Dickerson, and Grimsley. No : None . Mayor Rodgers reappointed Mrs. E. J. Rubens as a Trustee for the Librar3r Board, and stated she had been recommended by other members of the Board. Motion was made.by Alderman Grimsley, seconded by Alderman Scott: That the appointment of Mrs. E. J. Rubens as a Trustee for the Library be affirmed. Upon vote, the voting was as follows: Aye: Aldermen: Hightower, Horton, Hutcherson, Payton, Scott, Smith, Bentley, Dickerson, and Grimsley. No : None . The Council was informed the 1973 Legislature had expanded the Library Boards from five to seven members in order to have representation from additional areas • of the Cities . The Mayor reappointed Flyrrd Franklin as a member of the West Memphis Park Commmi.ssion. Motion was made by Alderman Scott, seconded by Alderman Smith: That the appointment of Floyd Franklin beaffirmed. Upon vote, the voting was as follows: Aye: Aldermen: Hightower, Horton, Hutcherson, Payton, Scott, Smith, Bentley, Dickerson, and Grimsley. Ho : None . Request was made by Mayor Rodgers to advertise for bids for a car and radio for the Electric Inspector. Motion was made by Alderman Horton, seconded by Alderman Bentley: That the Mayor be authorized to advertise for bids as requested. Upon vote, the voting was as follows: Aye: Aldermen: Hightower, Horton, Hutcherson, Payton, Scott, Smith, Bentley, iickerson, and Grimsley. No: None. g ~b Echols of Smith, Wihisms, Friday, Eldredge, and Clark, advised Flint ass~gne~-inres~ in a Lease and Agreement dated ~~aTr h 1t1~99 6 to init rization is re uested f~ir~~te ~r~1.~~.~~~-+e cc5f Industries Inc., and sutho q / $500,000 in principal amount of Industrial Development Revenue Bonds:•eheretofore authorized by the Trust Indenture dated March 1, 1966. The Council was informed the bonds outstanding are in good shape and Flint Steel is still reponsible. A five minute recess was granted. 150 Mayor Rodgers called the meeting to order. Mr. Woodrow Compton and his Attorney C. B. Nance, Jr. requested hearing date be set for an application for the consent of the Council to transfer of the Certificate of Public Convenience issued to the West Memphis Cab Company to Woodrow Compton or his assigns. After discussion and request for a resume from Mr. Compton as t©rvh~.s.,e~perience as a taxicab compa~gy operator, hearing was aet for 1:30 p .m . , February 21, 19?~ . The Mayor stated that consideration should be given to an ordinance. authorising a First Supplement Lease and Agreement and a First Supplemental Trust indenture. This was a matter with which the Council was familiar and after a discussion, Alderman Dickerson introdued an ordinance entitled "An Ordinance Authorising A First Supplemental Lease And Agreement (In The Form And With The Contents Set Forth In The Indenture) And Authorizing A First Supplemental Trust Indenture (In The Form And With The Contents Set Forth In The Ordinance}, Both In Connection With The Trinity Industries, Inc. Industrial Project; Prescribing Other Matters Relating Thereto; And Declaring An Emergency" and the City Attorney read the ordinance in full. Alderman Hutcherson, seconded by Alderman Su~ith, moved that the rule requiring the reading of an ordinance or resolution in full on three different days be suspended and that the ordinance be placed on its second reading. The Mayor put the question on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Hightower, Horton, Hutcherson, Payton, Scott, Smith, Bentley, Dickerson, and Mrimsley. N~: None . 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 by the .City Attorney. Alderman Payton, seconded by Alderman Bentley then moved that the rule requiring the reading of an ordinance in full on three different days be ft:rther 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, Horton, Hutcherson, Payton, Scott, Smith, Bentley, Dickerson, and Grimsley. Nom: 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 by the City Attorney. Alderman Scott, 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: ~`1.dermen: Hightower, Horton, Hutcherson, Payton, Scott, Smith, Bentley, Dickerson, and Grimsley. Nt#~: None . Alderman Horton, seconded by Alderman Grimsley, moved that Section 6, the emergency clause, be adopted, and on roll call the following voted: Aye: Aldermen: Hightower, Horton, Hutcherson, Payton, Scott, Smith, Bentley, Dickerson, and Grimsley. Nq~ 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. ?95, and read as follows: 1~1 ORDINANCE N0. ?95 AN ~ ORDINANCE AUTHORIZING A FIRST SUPPLEMEATTAL LEASE AND ~GRF~]~!!~IENT (IN THE -FORM AND WITH THE CONTENTS SET FORTH IN THE ORDINANCE) AND AUTHORIZING A FIRST SUPPLEMENTAL TRUST INDENTURE (3N THE FORM AND WITH THE CONTENTS~'N$T FORTH IN THE ORDINANCE), BOTH IN CONNECTION WITH THE TRINITY INDUSTRIES, INC. INDUSTRIAL PROJECT: PRESCRIBING OTHER MATTERS RELATING THERETO; AND- DECLARING AN EMERGENCY BE IT ORDAINED by the City Council of the City of West Memphis, Arkansas (the nCityef) Section 1. That the Mayor and City Clerk be, and they are hereby, authorized and directed for and on behalf of the City to execute, acknowledge and deliver a First Supplemental Lease and Agreement to that Lease and Agreement wherein the City is Lessor and Trinity Industries, Inc. (Fling Steel Corporation was the originally name$ Lessee) is Lessee, dated March 1, 1966, in substantially the form and with substantially the contents hereinafter set forth, which form of First Supplemental Lease and Agreement is hereby made a part hereof: Section 2. That there is hereby authorized the sale and delivery of $500,000 in principal amount of Industrial Development Revenue Bonds, Series B, dated February 1, 197. (the "Series B Bonds"). The issuance of the Series B Bonds has been heretofore authorized by the Trust Indenture dated as of March 1, 1966 by and between the City and The First National Bank of Memphis, Memphis, Tennessee (Section 202B thereof) and in connection therewith there is hereby authorized a First Supplemental Trust Indenture, in substantially the form and with substantially the contents hereinafter set forth, which shall be executed and acknowledge by the Mayor and City Clerk for and on behalf of the City, with the seal of the City affixed thereto, and which form of First Supplemental Trust Indenture is hereby made a part hereof : Section 3. That the Mayor and City Clerk be, and they are hereby, auth~azed and directed for and on behalf of the City to do all things, take all action and execute all documents necessary to carry out the authority, enforce the rights and discharge the obligations of the City set forth in this Ordinance and in the First Supplemental Lease and Agreement and in the First Supplemental. Trust b . uthorized here d nture a e y In Section t~. That the provisions of this Ordinance are hereby declared to be separa e, and if any section, phrase or provision shall for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases or provisions. Section 5. That all ordinances, resolutions and parts thereof in conflict here- ; with are hereby repealed to the extent of such conflict. Section 6. That it is hereby found and declared that the action authorized by this Ordinance is necessary in connection with construction work on and equip- ment for the Trinity Industries, Inc. Industrial Project which should be accomplished as expeditiously as possible in order that the City and its inhabitants may derive the public benefits flowing therefrom in the form of payrolls, employment, and other benefits flowing from the industrial project. It is therefore declared that an emergency exists and this Ordinance being necessary for the immediate preservation of the public health, safety and welfare shall be in force and take effect immediately upon and after its passage. Mayor Rodgers announced the building contractors and electricians will meet at 2 p.m. February l.l~, 197 to discuss further permit fees. The Aldermen requested notification of the meeting. Letter from Tom Gibson Ford requesting delivery of Police Department cars on February 15, 197~t, was read. Alde~nan Payton expressed appreciation for lights asad painting at Eugene Woods Subdivision. City Engineer Brawley stated repairs would be made at the hole on S. Avalon, but could not be fixed permanently until hot asphalt available. The Engineering Dept. was requested to contact Railroad about crossing on S. Service Road. "There being no further business, the Council adjourned. ATTEST : MA7roR C CLERK APPR04ED: FEBRUARY 2l, 19?