January 23, 1975~~
MINUTES OF AN ADJOURNED MEETING OF THE COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS, HAD AND HELD ON JANUARY 23, 1975•
The City Council of the City of West Memphis, Arkansas, met in adjourned session
at its regular meeting place in West Memphis, Arkansas, at 1:30 o'clock p.m. on
the 23rd day of January, 1975.
The meeting was opined with prayer by Eddie Brawley. The following were present:
Mayor Joyce Ferguson, presiding, and Aldermen: D. M. Grimsley, W. L. Harris,
J. E. Hightower, A. 0. Holt, Pritchard Horton, C. D. Hutcherson, J. C. King,
R. T. Bentley, R. S. Cosgrove, and Thomas Dickerson; and City Attorney R. L. Smith.
Absent: None.
It being determined a quorum was present, the following proceedings were had
to-wit:
Mayor Ferguson recommended appointment of Mrs. Elizabeth Graziosi as a member
of the Crittenden County Joint Planning Commission. Alderman Cosgrove, seconded
by Alderman Hutcherson moved the appointment be approved. Upon vote, the voting
was as follows :
Aye: Aldermen: I~rimsley, Harris, Hightower, Holt, Horton, Hutcherson, King,
Bentley, Cosgrove, and Dickerson
No : None .
Copies of the 1975 Budget having been distributed to the Alderman, Alderman King
seconded by Alderman Dickerson moved to adopt the 1975 Budget as presented.
After discussion of total amount of Budget $1,659,862.93, the roll call vote on
the motion was as follows:
dye: Aldermen: Grimsley, Harris, Hightower, Holt, Horton, Hutcherson, King,
Bentley, Cosgrove, and Dickerson
No ; None .
Mayor Ferguson expressed appreciation to the Budget Committee, Council,
Department Heads and staff, and advised will be working tY.nough the year to have
a smooth process in preparing the 1976 Budget. The Mayor announced a 5~ salary
increase! to all employees, and grant from the Utility Commission request will
be a little over $5~.~,000 in comparison to $599,2I~1a..00 requested in 197I~.
An ordinance entitled "An Ordinance To Amend Ordinance No. X17, Declaring An
Emergency And For Other Purposes~t was read by the City Attorney.
Alderman Bentley, seconded by Alderman Holt, 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: Grimsley, Harris, Hightower, Holt, Horton, Hutcherson, King,
Bentley, Cosgrove, and Dickerson
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 King, 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 fallowing voted:
Aye: Aldermen: Grimsley, Harris, Hightower, Holt, Horton, Hutcherson, King,
Bentley, Cosgrove, and Dickerson
No : None .
l~?
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 third time
by the City Attorney.
Alderman King, seconded by Alderman Cosgrove, 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: Grimsley, Harris, Hightower, Holt, Horton, Hutcherson,
King, Bentley, Cosgrove, and Dickerson
No: None.
Alderman Hutcherson, seconded by Alderman Hightower, moved that Section 3,
the emergency clause, be adopted, and on roll call the following voted:
Aye: Aldermen: Grimsley, Harris, Hightower, Holt, Horton, Hutcherson,
King, Bentley, Cosgrove, and Dickerson
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. 82l~, and read as
follows:
ORDINANCE N0. 82l~
AN ORDINANCE TO AMEND ORDINANCE N0. 517, DECLARING AN EMERGENCY AND FOR
OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MF~IPHIS, ARKANSAS:
Section 1. Section 1 of Ordinance No. 517 is hereby amended to read as
follows:
"The compensation or salary to be paid to one (1} Deputy City Attorney
shall be Three Hundred and No/100th Dollars ($300.00) monthly.t~
Section 2. All ordinances or parts of ordinances in conflict herewith are
hereby repealed.
Section 3• Emergency Clause. It having been de~rmined by the City Council
of the City of West Memphis, Arkansas, that an increase of lawsuits filed
against the City of West Memphis, Arkansas has created the need for an
Assistant City Attorney, and this ordinance is declared necessary for the
preservation of the public peace, health, safety, and welfare of the people
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
publication.
Mayor Ferguson brought to the Councils attention hearing on Community
Development, thereupon, Alderman Bentley, seconded by Alderman Grimsley moved
that the Mayor be authorized to publish notice of Public Hearing on the
Community Development Program at 7:00 p.m. February 1~, 1975, in the Municipal
Courtroom. Upon vote, the voting was as follows:
Aye: Aldermen: Grimsley, Harris, Hightower, Holt, Horton, Hutcherson,
King, Bentley, Cosgrove, and Dickerson
No: None.
Resolution to authorize execution of contract with Manes & Associates, Inc.
was presented for consideration. City Attorney Smith read the Resolution.
Alderman Bentley, seconded by Alderman Holt moved that the Resolution be
adopted as presented. Upon vote, the voting was as follows:
Aye: Aldermen: Grimsley, Harris, Hightower, Holt, Horton, Hutcherson, King,
Bentley, Cosgrove, and Dickerson
No : None .
The Resolution read as follows:
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RESOLUTION N0.
RESOLUTION AUTHORIZING EXECUTION OF
CONTRACT tiTITH I~~.ANES & ASSOCIATES, INC . ,
FOR. COMMUNITY DEVELOPMENT PROGRAM.
~~,~.EREAS, by virtue of the Housing and Community Development
Act of 1~7~-, th.e City of West I~Zemphis a_s entitled to receive grant
finds during the next five fiscal years to plan and carry out certain
community development acti~;rities; and
WHEREAS the Cit~r desires to retain the firm of Manes & Associates.
Inc . , Planning; Consultants, to provide professional and technical
planning services to assist the City in establishing the community
developr~~ent program and preparing the application for the First
Pi~ogram iTear funding; and
Tv~THEREAS, the City Council has reviewed and aeceptEd a proposal
from I~~anes 8c Associates, Inc., dated November 1.2, 197-, which
proposal has now been incorporated in a contract submitted for
review; and
WHEREAS, said contract was reviewed at this meeting and found
acceptable for the intended purpose of retaining said firm..
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CIr.CY
OF WEST i~~MPHIS, ARKANSAS
1. Thai the Mayor and City Clerk be and hereby are authorized
to enter into the contract with Manes 8c Associates Inc., incorporating
as "Exhibit A" the proposal dated November 12, 1g7~-, which was
previously accepted by the Cit;~r Council.
2. That a, copy of the contract be filed with the minutes of
this meeting.
3. That this body is cognizant that reimbursement for the cost
of the Planner's services authorized herein will be dependent upon
the ava.ila.bility of block grant funds or a. planning advance under
the Housing and Community Development Act of 197-.
~-. That this resolution shall take effect immediately.
PASSED AND ADOPTED this .~--,,~ day of ~ 1~'Ld ~~ .. ~, , 1975.
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`-~---_ MAYOR ~-~d'~--~
ATTEST:
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Mayor Ferguson informed Council several matters were not on tentative agenda
that should be considered. Alderman Bentley, seconded by Alderman Hutcherson
moved that waive the rule, and the matters be considered. Upon vote, the
voting was as follows:
Aye: Aldermen: Grimsley, Harris, Hightower, Holt, Horton, Hutcherson, King,
Bentley, Cosgrove, and Dickerson
No : None .
City Attorney Smith read Resolution authorizing the Mayor to authenticate
signatures of individuals authorized to execute Treasury Form GFO-7578 for
the Community Development Agency. Motion was made by Alderman Bentley,
seconded by Alderman King: That the Resolution as presented be adopted.
Upon vote, the voting was as follows:
Aye: Aldermen: Grimsley, Harris, Hightower, Holt, Horton, Hutcherson, King,
Bentley, Cosgrove, and Dickerson
No: None.
The Resolution read as follows:
RESOLUTION N0. 509
A RESOLUTION OF THE CITY COUNCIL FOR THE COMITY DEVELOPMENT AGENCY OF THE
CITY OF WEST MEMPHIS, ARKANSAS, AUTHORIZING JOYCE FERGUSON, MAYOR, TO AUTHENTICATE
SIGNATURES OF INDIVIDUALS AUTHORIZED TO EXECUTE TREASURY FORM GFO-7578
WHEREAS, it is necessary that the Mayor of the City of West Memphis, Arkansas
be authorized to authenticate signatures of the City Treasurer and Executive
Director of the Community Development Program for purposes of execution of
Treasury Form GFO-?578•
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS, AS FOLLOWS:
1. That Joyce Ferguson, Mayor, is authorized to authenticate signatures of
individuals authorized to execute Treasury Form GFO-7578, Fred W. Owen, City
Treasurer, and Tommy J. Coleman, Executive Director of the Community Development
Program.
2. A specimen signature of Joyce Ferguson, Mayor, is as follows:
/S/ JOYCE FERGUSON
., „ ., „ „
:..~ s.-.:.c
A Resolution retaining Tommy J. Coleman as local responsible official for
Directing the Housing and Community Development Program was read by the
City Attorney. Alderman Bentley, seconded by Alderman King moved that
the Resolution be adopted as presented. Upon roll call vote, the voting
was as follows:
Aye: Aldermen: Grimsley, Harris, Hightower, Holt, Horton, Hutcherson, King,
Bentley, Cosgrove, and Dickerson
No : None .
The Resolution read as follows:
RESOLUTION N0. 510
RESOLUTION RETAINING TOMMY J. COLEMAN AS LOCAL RESPONSIBLE OFFICIAL FOR DIRECTING
THE HOUSING AND COMMiJNITY DEVELOPMENT PROGRAM
WHEREAS, by virtue of the Housing and Community Development Act of 197. the City
of West Memphis, Arkansas is entitled to receive certain Federal Grants over the
period of the next five (5) fiscal years and carry out activities with such funds
in a manner in keeping with the intent of the Act; and
~~
WHEREAS, the West Memphis City Council has made certain changes in the
manner in which certain Federal Grants are to be spent which will be received
from the Housing and Community Development Act of 197., and
WHEREAS, this change has altered the procedure which the City Council approved
in Resolution 501, dated November 2l, 197l~ in the manner in which these funds
should be spent;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS:
1. That Resolution 501, dated November 21, 1971, is hereby repealed.
2. That Tommy J. Coleman be and hereby is designated as the local official
responsible for directing the planning and administration of the Community
Development Program to be carried out under the provisions of the Housing
and Community Development Act of 19?1~ at the discretion of the West Memphis
City Council.
City Attorney Smith read Resolution pertaining to extending the racing dates
at Southland, Greyhound Park. Alderman Bentley, seconded by Alderman Dickerson
moved the Resolution as read be adopted. Opposition to language of the
Resolution, prior notice of the Bill and opportunity to study were discussed,
Upon roll call vote, the voting was as follows:
Aye: Aldermen: Holt, Hutcherson, King, Bentley, Cosgrove, and Dickerson
No: Alderman: Horton
Aldermen Grimsley, Harris, and Hightower abstained from voting. The motion
carried, and the Resolution adopted read as follows:
RESOLUTION N0. 511
Whereas, an Act has been introduced in the 1975 Regular Session of the 70th
General Assembly of the State of Arkansas to extend the racing dates at
Southland Greyhound Park.
Whereas, the elected members of the City Council of the City of West Memphis,
Arkansas, are responsible for the overall condition of the entire city.
Whereas, time has been insufficient to determine the impact by this legislation
upon the City.
Whereas, it is the feeling of the City Council of the City of West Memphis,
Arkansas, that they represent the interest of the citizens and have not had
adequate time to study this legislation:
THEREFORE, BE IT RESOLVED, that the West Memphis City Council go on record
as opposed to the act until such a time as public reaction and proper study
of the legislation can be determined and
BE IT FURTHER RESOLVED, that a copy of this Resolution be sent to:
Honorable David Pryor, Governor, State of Arkansas
Honorable W. K. Ingram, State Senator -
Honorable James Stockley, State Representative
Honorable Lloyd C. McCuiston, State Representative
Honorable Kent Rubens, State Representative
~~~;~~~
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City Attorney Smith read a Resolution pertaining to an Act introduced
in the 1975 Regular Session of the General Assembly to establish a
Util2ty-Commissinn upon approvah by a majority of voters of the City
voting at a special election, and opposition to the Act. Alderman
~`~.-.:._ __, r Bentley, seconded by Alderman Cosgrove moved that the Resolution be
adopted. During discussion of the motion the Council was informed
letter had been received from the Chairman of the Utility Commission
stating opposition to the Act. Upon roll call vote, the voting was
as follows:
Aye
Aldermen: Grimsley, Harris, Hightower, Holt, Horton, Hutcherson,
King, Bentley, Cosgrove, and Dickerson
No: none.
The Resolution read as follows:
RESOLUTION N0. 512
WHEREAS, an act has been introduced in the 1975 Regular Session of the
70th General assembly of the State of Arkansas to establish a t~ility
Commission upon approval by a majority of qualified voters of the City
voting at a special election, which act limited the act to cities not
less than 25,500 population nor more than 27,000 population by the 1970
census, and,
WHEREAS, the population limitations of the act will apply only to one (1}
city in Arkansas, particularly, West Memphis, Arkansas, and
WHEREAS, the present members of the Utility Commission are appointed by the
West Memphis City Council, who are elected by the people representing all the
wards of the city, and
WHEREAS, the present law creating the Commission does allow election of
Commissioners by popular vote unless otherwise provided by ordinance, and
WHEREAS, in 195., twenty-one (21) years ago, the City Council of the City
of West Memphis, Arkansas, elected to pass an ordinance stating the present
Commissioners should be appointed by the Council and said Commission has been
in continuous operation since that time, and
WHEREAS, there is an urgent need for the West Memphis City Council to mair~a,in
some control of the surplus revenues of the Utility Commission to maintain an
efficient fire and police protection for all our citizens, as well as many
other services provided and paid for from surplus revenues of the Utility
Commission, and
WHEREAS, the elected members of the City Council of the City of West Memphis,
Arkansas, are responsible for the overall budget, rates, service, pay scales,
and working conditions of the entire City and cannot properly. administer
these functions without direct control of revenues to keep the City functioning
properly;
THEREFORE, BE IT RESOLVED that the West Memphis City Council go on record as
opposed to an act now in the legislature to form a West Memphis Utility Commission
by popular vote of the people, and
BE IT FURTHER RESOLVED that a copy of this Resolution be sent to:
Honorable David Pryor, Governor, State of Arkansas
Honorable W. K. Ingram, State Senator
Honorable James Stockley, State Representative
Honorable Lloyd C. McCuiston, State Represer~.tive
Honorable Kent Rubens, State Representative
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`^
City Engineer Brawley requested permission to advertise for a tractor
and mowers bids. Motion was made by Alderman Bentley, seconded by
Alderman Cosgrove that the Mayor be authorized to advertise for bids
for tractor and mowers for the Engineering Department. Upon roll call
vote, the voting was as follows:
Aye: Aldermen: Grimsley, Harris, Hightower, Holt, Horton, Hutcherson,
King, Bentley, Cosgrove, and Dickerson.
No : None .
Alderman Holt seconded by Alderman King moved to recess for 10 minutes.
Upon vote, the voting was as follows:
dye: Aldermen: Grimsley, Harris, Hightower, Holt, Horton, Hutcherson,
King, Bentley, Cosgrove, and Dickerson.
No: None.
10 Minute Recess
Mayor Ferguson called the meeting to order, Alderman Harris was absent.
Miss Margaret Woolfolk of the Evening Times commented on laws regarding
matters that may be discussed by the Council during recess.
Mayor Ferguson informed the Council Representative Kent Rubens had requested an
opinion be expressed on an Act to require all cities of the First Class to
establish a Board of Civil Service Commissioners for all City employees,
copy of the Act previously distributed to the Aldermen. After consideration,
Alderman Dickerson, seconded by Alderman Hutcherson moved that go on record
accepting Civil Service leaving out Chief of Police and Chief of Fire
Department out of the Bill, also appreciate Representative Rubens cooperation
in letting the Council know about the Bill. During discussion of motion,
Alderman Bentley requested opinion be received from the two Chiefs, men of
the Departments, and other employees as to the Bill. Upon vote, the voting
was as follows:
A,ye: Aldermen: Grimsley, Hightower, Holt, Horton, Hutcherson,
• King, Bentley, Cosgrove, and Dickerson.
No: None.
Alderman Hutcherson announced a Police Commission meeting would be held after
Council adjourned. Alderman Bentley related compliments received as to the
Chief and the Police Department.
After discussion with City Engineer Brawley as to legal entanglements involved
in opening Thompson Street, Alderman Horton requested opening of the street be
pursued.
There being no further business, the Council adjourned.
A
CITY C
~-N .-...
MAYOR
APPROVED: FEBRUARY 6, 1975