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October 3, 1974,~ MINUTES OF COUNCIL MEETIlJG OF THE CITY OF WEST MEMPHIS, ARKANSAS, HAD AND HELD ON OCTOBER 3, 197l~ • The City Council of the City of West Memphis, Arkansas, met in regular session at its regular meeting place in West Memphis, Arkansas at 1:30 o'clock p.m., on the 3rd day of October, 19?t~. The following were present: Mayor Tilden Rodgers; City Attorney Robert Smith, and Aldermen: B. G. Smith, R. T. Bentley, D. M. Grimsley, W. L. Harris, J. E. Hightower, Pritchard Horton, C. D. Hutcherson, and Ann Payton. Absent: Aldermen: Thomas Dickerson and M. P. Scott. ~` It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Meeting on September 19, 1974, were approved as read. Alderman Smith, Chairman of the Street Committee, reported delay in paving Rich Road was due to installation of telephone lines under the Road. Mayor Rodgers announced bids for refuse containers would not be opened until October 17, 19?l~, in accordance with Bid Notice published. City Attorney Smith presented Resolution pertaining to request to Federal Power Commission to audit the purchases and purchases practices for fuel by the Middle-South Utilities, Inc. After consideration, Alderman Bentley, seconded by Alderman Harris moved that the Resolution be adopted. Upon vote, the voting was as follows: Aye: Aldermen: Smith, Bentley, Grimsley, Harris, Hightower, Horton, Hutcherson, and Payton No: None. The Resolution reed as follows : RESOLUTION N0. l~98 WHEREAS, the Federal Power Commission is the only agency with access to information concerning purchases and purchases practices for fuel by the Middle-South Utilities, Inc., especially, the Arkansas Power & Light Co., AND WHEREAS, certain irregularities have been indicated in the gas indu~ry, and strongly suggested by other large fuel purchasers that Arkansas Power and Light Co., does not purchase fuel on a competitive basis due entirely to their direct pass-on of any fuel cost to the customer, AND WHEREAS, it is felt that such an accounting is necessary for the welfare of the country, AND WHEREAS, there is a dire need to relieve the burden placed on the entire population by these excessive fuel adjustment charges; NOW THEREFORE BE IT RESOLVED: 1. That the Federal Power Commission be requested to audit the purchases and purchases practices for Biel by the Middle -South Utilities, Inc., especially, Arkansas Power & Light Co. 2. That copies of t$is Resolution be sent the following: The Honorable John L. McClellan, United States Senator. The Honorable J . William Ftil.bright, United 3a.te s Senator . The Honorable Wilbur D. Mills, United States Congressman. The Honorable William D. Alexander, United States Congressman. The Honorable Ray Thornton, United States Congressman. The Honorable John Paul Hammerschmidt, United States Congressman. The Honorable John N. Nassikas, Chairman, Federal Power Commission. The Honorable Pat Moran, Chairman, Arkansas Public Service Commission. The Honorable John C. Sawhill, Associate Director for Natural Resources, l~ergy, and Science. The Honorable Dale Bumpers, Governor of the State of Arkansas. The Honorable David Pryor, Democratic Nominee for Governor, State of Arkansas ~-~ Mayor Rodgers reported on Federal Power Commission Hearings in Washington, D. C. also additional responses had been received on Resolution No. X96. Permission to conduct professional wrestling at the old theater on East Broadway sponsored by the ~0 & 8 of the American Legion was requested. After discussion with Building Inspector Averr~y as to ordinance requirement that application be made to the Board of Adjustment, motion was made by Alderman Bentley, seconded by Alderman Harris: Grant temporary occupancy permit until November 1l~, 19?!~ when application to be submitted to the Board of Adjustment. Upon vote, the voting was as follows: Aye: Aldermen: Su~i.th, Bentley, Grimsley, Harris, Hightower, Horton, Hutcherson, and Payton. No: None. Mr. Robert M. Smith and Mr. and Mrs. McClain of 250 Garrison requested permission to place a mobile home on the property due to hardshp, wheels to be removed from mobile home and solid foundation constructed. Building Inspector Avery brought to the Council's attention if a permanent structure would have two residences on lot if not subdivided. After consideration, motion by Alderman Horton, seconded by Alderman Grimsley: That grant six month temporary permission to permit trailer at 250 Garrison. Upon vote, the voting was as follows; Aye: Aldermen: Smith, Bentley, Grimsley, Harris, Hightower, Horton, Hutcherson, and Payton. No: None. Alderman Hightower inquired as to raises for Aldermen. Alderman Bentley requested information on status of drainage contract on S. Avalon. City Engineer Brawley advised the work is being delayed until all utilities are removed including AP&L lines. Alderman Bentley, seconded by Alderman Horton moved that City Attorney Smith be requested to draft a letter to Charles Benatle, Virgil Sha~seere, and Bill Cooper of the Arkansas Highway Department encouraging them to expedite work order for drainage on S. Avalon due to weaker conditions might have to delay another year. Upon vote, the voting was as follows: ire: Aldermen: Smith, Bentley, Grimsley, Harris, Hightower, Horton, Hutcherson, and Payton. No : None . City Engineer Brawley reported received approval from Federal Highway System for funds to widen S. Avalon approximately $t~36,000 over the next three years. Mr. Mike Morgan, Representing West Memphis JC's, requested the $50.00 license for a circus be waived on behalf of the JC's, who are sponsoring the Clyde Beaty Circus at Funtown on October 11, 19?!~. Mr. Morgan explained the JC's are a civic minded non-profit organization, and a portion of the proceeds will be designated for contribution for chal~iaable projects . After discussion, Alderman Grimsley, seconded by Alderman Smith moved That Waive $50.00 license for JC's sponsoring Clyde Beaty Circus. Upon vote, the voting was as follows: Aye: Aldermen: Smith, Bentley, Grimsley, Harris, Hightower, Horton, Hutcherson, and Payton. No : None . City Attorney Smith's opinion on purchase of property was read as follows: September 27, 19?~ Mayor Tilden Rodgers City Hall West Memphis, Arkansas Re: Option for Wonder City Boys Club Dear Mayor Rodgers: This note will stde my opinion which you requested regarding the contemplated purchase of certain real estate which the William L. Johnson Co., Inc., has given to the Wonder City Boys Club. :~ ~-~ 5 It would be my opinion that it would not be legal for the City to use public Rinds for private enterprise, however, after checking my files I firi~.~ that the City dial lease certain parts of Worthington Park to the West Memphis Boys Club and I can see no objection to the City's purchasing this property and leasing it to the Wonder City Boys Club for One Dollar ($1.00) a year as we did the West Memphis Boys Club. Very truly yours, /S/ ROBERT L. SMITH City Attorney OPTION MEMO July 31, 197 T0: Samuel E. Holbrook, Chairman, Board of Trustees Wonder City Boys Club, Inc. Chester S. burley, Board Member William L. Johnson Co., Inc., hereby grants an option to Wonder City Boys Club for a period of six months from date to purchase Lot 1, Block 188, Kendal Addition- (200' X 175') for $60.00 per front foot and/or Lot 2, Block 188 (228' X 175') for $75 per front foot. William L. Johnson Co., Inc. ~By/S/ ABBOTT WIDDICOMBE After discussion of the opinion, location of Lot 2, and cost, Alderman Smith, seconded by Alderman Harris moved that procedure be followed for purchasing property Lot 2, Block 188, Kendal, and recommend for budget for 1975. Upon vote, the voting was as follows: Aye: Aldermen: Smith, Bentley, Grimsley, Harris, Hightower, Horton, Hutcherson, and Payton. No : None . Building Inspector Avery commented on progress of clean-up campaign, and expressed appreciation for cooperation; also axinounced meeting with State Health Department on enforcement of ordinances. There being no further business, the Council adjourned. a~ CITY CY P MAYOR APPRAVED: OCTOBER 17, 197