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February 6, 1975__ _-_ - STATEMENT FROM THE CHAIRMAN OF THE WE S'! MErIPH I S __ -- -_ UTILITY COMMISSION As Chairman of the West Memphis Utility Commission, I would .like to publicly state that I am shocked to learn today of a Senate Bill showing sponsorship by State Senator Bill Ingram, apparently designed solely for the City of West Memphis. Again it appears that we are about to b'e confronted with special legislation, as if we hadn't had enough of these tactics from the same quarters in the past. This proposed legislation was handed to the Commission Monday, January 20, 1975 by our fine Mayor, Mrs. Joyce Ferguson, who stated ' that she had no prior knowledge of the matter and of course no .present member of the Co~rnnission had previous knowledge of it. ~- ~-_. The legislation in short would provide the procedure for an ~~ election in the City of West Memphis to determine whether or not to call an immediate additional election for the purpose of electing a new Utility Conunission. The alleged purpose and sole interest -. of Mr. Ingram's Bill so it sa s is to establish an optional procedure a .for election of members o t e West Memphis Utility Commission, axed 3' it further says there is presently no authorized method whereby qualified electors of the respective wards within a City may elect members of the board of pub~.ic utilities. In addition to being wrong, this does not say much for those dedicated members of the West. Memphis City Council, representing each Ward in our City who select .y the Cotmmissioners at present, Mayor Ferguson who has just assumed office and was nQt even given the courtesy of being consulted about ~ ~"~~ ~~ "" ~ ~~~ the matter, or, those men who make up our present Utility Commission and are trying to the best of their ability to keep your Commission out of politics, protect it from outside interests, and make you proud of them. To prevent West Memphis from being misled by the language~of this proposed legislation, let me point out that Act Number 562 of the 1953 Acts of Arkansas under which the West Memphis Utility Commission is organized, already provides that Utility Com- . missioners can be elected unless otherwise provided in the City Ordinance. Well, Ordinance 292 as amended, creating your commission specifies that your Utility Commissioners are selected by your Alderman, duly "~ ~.~.,`"~eYected from or representing each of the City's Wards, and this pro-~ .~ cedure has long been in effect as are most, if not all, the other procedures fo.r selecting Boards and Commissions of our City. Surely ,the promoters of this Legislation are not going to take it solely upon themselves to initiate measures such as this which might indicate ~ t~i$y feel that our new, duly elected Mayor and City Council are not capable enough or responsive enough to make decisions their pre- - decessors in office have long had the legal right to make. The - manner in which this has come about certainly gives cause. for con- cern as to how responsive the promoters of this Legislation areto" "N our City and their own Constituents, particularly since it came as a sneak attack in my opinion oh t~e ability and integrity of our new administration and the men on the connnission;~ou elected Council- men in whom you-have confidence or they wouldn't be there. I wonder if the promoters of this Legislation are silently preparing similar bills for all the City's Boards and Agencies. Certainly, the existing " ~ C#ty Ordinance could-be"-changed itself if the Council desired their Commissioners to run for a position on the Commission, but your elected City Administration has always had the right to make such decisions and•has put faith and confidence in men of integrity and ability to serve the City in such positions and the benefits to the City and___the residents are abundantly evident throughout the City: ---- _ Why this proposal was not previously discussed with the Mayor or .the Commission is indeed strange and certainly improper. there ~is~no doubt in my judgment that this Legislation is purely political. and certainly recent events teach us that pressure from political professionals are not in our best interest. This proposed legis- lation would even prevent an existing Commissioner from seekin election if he desired to, and I have heard no member of the Com- mission express any interest in such a race. It surel seems that Senator In ram could better s end his time and efforts tr in to e us a i t rate increases rorn Ar ansas Power and Li t om an w is a is not of n . ~ New lsn t t at strange, an indeed an econom c outrage. ~~,." Very Sincerely Yours, ,. ~, Charles J. U on,~ hair~an West Memphis flit. Commission . MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF WEST MEMPHIS, AI~AI~SAS~. AAD .AHD HERD ~ FEBRUARg 6, 1975 • The City Council of the City of West Memphis, Arkansas, met in regular session at its regular meeting place in West Memphis, Arkansss, at 1:30 oiclock p.m. on the 6th day of February, 1975• Rev. Bin G. Hines offered prayer. The following were present: Mayor Joyce Ferguson, presiding, and Aldermen: Willie Lee Harris, J. E. Hightower, A. 0. Holt, Pritchard Horton, C. D. Hutcherson, J. C. King, R. T. Bentley, R. S. Cosgrove, Thomas Dickerson, and D. M. Grimsley; and City Attorney R. L. Smith. Absent: None. The following proceedings were had to-wit: Minutes of Council Meetings on January 9, 16, and 23rd were approved as read.. City Attorney Smith introduced Deputy City Attorney Thomas Montgomery. Alderman King, Chairman of the Headstart Committee, reported a building is being considered but action held in abeyance until receive approval from the Health Department and Mr. Williams of Forrest City. Alderman Hutcherson announced Alderman Bentley was elected Chairman of the Police Commission, and Mayor Ferguson advised Alderman King was elected Chairman of the Fire Commission. In accordance with Bid Notice published in the Evening Times on January 20th and 27th for a 20 yd hydraulic refuse collection unit and a 2 ton truck for refuse unit, the bids were read as follows: Chalmers Buick Co.: Bid No. 1 - Alternate "A" 19?5 GMC Model CE62003 - 12I~ CA $5600.92 Bid No . 2 - Aldermate "A" 197 GMC Model CE62003 - 121 CA 5695.77 Bid No. 3 - Alternate "A" 1975 GMC Model CE6003 - 121 CA 6882.26 Bid No. ~ - Aldernate "B" 1975 GMC Model CE67303 - 138 CA 7.84.50 Delta Ford Truck Sales, Inc.: glternate B - L-800 Ford 1975 Uheelbase: 216" c/a: 138" $9,862.00 Option Add 2..50 Alternate A - F-600 Ford 1975 Wheelbase; 19l~" c/a; 120" $6,302.78 Option 165.82 Moody Equipment & Supply Co.: Peabody E-Z Pack Model SL 20 Side Loader $7,619.00 Peabody E-Z Pack Model M-200A 20 Yd Rear Loader 9,132.00 Scruggs Equipment Co.: 1975 HEIL MARK IV rear loading refuse body $8,805.00 Deltequip Inc.: Leach Packmaster $8,387.00 Hudson-Rook Oldsr~lobile, Inc . Alternate A $5608.00 Alternate B 722.00 General Truck Sales & Service, Inc.: 197J~ GMC CE 62303 $5932.00 197 GMC CE66203 $8560.00 Tom Gibson Ford, Inc: 1975 Two-Ton Truck F-750 Cab and Chassis $7156,27 1975 Two-Ton Truck '~-600 Cab and Chassis 5378.87 Hawkins Equipment Co.: Model "H" PAK-MOR Hydraulic Refuse Collection Unit $6238.00 Model R-2015 Pak-Mor Rear Loading Refuse Collection Body 8695.00°. ~ ~ ~ Alderman Hutcherson, seconded by Alderman Grimsley moved the bids be canvassed by the Sanitation Committee, and the committee be authorized to award the bid to the lowest and most qualified bidder. Upon roll call vote, the voting was as follows: Aye: Aldermen: Harris, Hightower, Holt, Horton, Hutcherson, King, Bentley, Cosgrove, Dickerson, and Grimsley No: None. ~1 Pat Johnson reported the Utility Commission had received ~. bids for the Westwood Acres Outfall Sewer Line, and the Commission requested approval to award the bid ~o Freeland Construction Company of Memphis, the low bidder, in the amount of $271,973.54. Alderman Holt, seconded by Alderman Hutcherson moved approve the Commission awarding bid to Freeland Construction Company in the amount of $211,973.50. After discussion of contract time limits, weather conditions, delays by contractors on city projects, soil conditions, authority of the Commission in awarding contracts, Engineerrs fee exceeding $25,000 the roll call vote on the motion was as follows Aye: Aldermen: Harris, Hightower, Holt, Horton, Hutcherson, King, Bentley, Cosgrove, Dickerson, and Grimsley No: None. Alderman Grimsley, seconded by Alderman Harris moved if the Engineer's fee exceeds $25,000 the matter be brought back to the Council. Upon vote, the voting was as follows: Aye: Aldermen: Harris, Hightower, Holt, Horton, Hutcherson, King, Bentley, Cosgrove, Dickerson, and Grimsley No : None . Mayor Ferguson requested permission to appoint James Cage to the Housing Authority to replace Q. Z. Smith, whose term had expired. Alderman Grimsley, seconded by ,Alderman Hutcherson moved the Mayor be authorized to appoint James Cage as a Housing 'Authority commissioner. Upon roll call vote, the voting was as follows: Aye: Aldermen: Harris, Hightower, Holt, Horton, Hutcherson, King, Bentley, Cosgrove, Dickerson, and Grimsley No : None . Letter of appreciation to be sent Q. Z. Smith by the Mayor. An ordinance entitled rrAn Ordinance To Amend Ordinance No. 751 Of The City Of West Memphis, Arkansas, Which Adopted The National Electrical Code, 1971 Editionrr was read the second time by the City Attorney. Alderman Horton, seconded by Alderman Hutcherson moved the second reading of the ordinance be approved. Upon roll call vote, the voting was as follows: Atye: Aldermen: Harris, Hightower, Holt, Horton, Hutcherson, King, Bentley, Cosgrove, Dickerson, and Grimsley No: None. Attorney Ralph Sloan on behalf of Guaranty Loan & Real Estate Company requested the rezoning of Holiday Gardens Subdivision Extension, Section 3 from RM 1.5 Multiple Family Residence to RS 7.5 Single Family Residence area. The Planning Commission recommended the rezoning at a meeting on January 29, 19?5. City Attorney Smith read the ordinance entitled rrAn Ordinance To Rezone A Tract Of Land In The NE 4 Of Section 7, Township 6 North, Range 9 East, To Be Known As Holiday Gardens Subdivision Extension, Section 3f1. Alderman Bentley, seconded by Alderman Cosgrove moved the first reading of the ordinance be approved. After discussion of the 13th Street Pumping Station Not bQ adequate to handle the area, the roll call vote was as follows: Aye: Aldermen: Harris, Hightower, Holt, Horton, Hutcherson, King, Bentley, Cosgrove, Dickerson, and Grimsley No : None . A Resolution pertaining to House Bills No. X87 and x.88 was read by City Attorney Smith. Alderman Cosgrove, seconded by Alderman Grimsley moved to adopt the Resolution as presented. During discussion, Alderman Horton and Mrs. Martha Robbins, 520 Burns presented complaints as to the traffic in the Ingram Blvd. Area durin s racing season. Directing of the traffic was discussed, and concensus/~~e problem would be alleviated by Track Officials and the Police Department. Roll call vote on the motion was as follows: Aye: Aldermen Harris, Hightower, Holt, Horton, Hutcherson, King, Bentley, Cosgrove, Dickerson, and Grimsley• No: None. The Resolution read as follows: RESOLUTION N0. 513 WHEREAS, House Bills No. t~87 and X88 introduced by Representative Woodie Clark effect revenues dtrived by the City of West Memphis and that they take away moneys for breakage and decrease the number of racing days; and WHEREAS, The City of West Memphis spends a large amount of money to provide fire, police and other municipal protection to Southland Greyhound Racing Park, and; WHEREAS the exis~nce of Southland Greyhound Racing Park in West Memphis creates the need for additional services, its economic value can not be gauged; and WHEREAS, the money now received from Southland Greyhound Racing Park does compensate the City of West Memphis for its services; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of West Memphis go on record as opposing House Bills t~87-Z~88. ::-:~.-3:-:~~'c Mayor Ferguson requested City Attorney Smith to explain a Bill pending in the General assembly for an Act to be entitled "An Act To Authorize Cities Of ±~he First Class To Levy A Local Sales (Gross Receipts) And Use Tax; Declaring An Emergency, And For Other Purposest~. After consideration of the words may and the handwritten word shall above may, local options, and the effect on local businesses, Alderman Cosgrove seconded by Alderman Dickerson moved that the Council go on record opposing the Bill, and the Mayor send letter to our delegation so stating. Upon vote, the voting was as follows: Aye: Aldermen: Harris, Hightower, Holt, Horton, Hutcherson, King, Bentley, Cosgrove, Dickerson, and Grimsley. No: None. Mayor Ferguson brought to tie Councilts attention Senate Bill 128 for an Act to be entitled "An Act To Provide For Election Of Mayor Of Cities Of The First Class By Majority Vote, To Provide For A Special Election After The General Election Where No Candidate For Such Office Receives A Majority Of Votes Cast; And For Other Purposes." After comments on the Bill by City Attorney Smith, Alderman Horton, seconded by Alderman Grimsley moved give permission to send a letter to the delegation in favor of Senate Bill 128. Upon roll call, the voting was as follows: Aye: Aldermen: Harris, Hightower, Holtz Horton, Hutcherson, King, Bentley, Cosgrove, Dickerson, and Grimsley. No: None. A Resolution pertaining to Senate Bill 21~. was read by City Attorney Smith. Alderman Harris, seconded by Alderman Horton moved that the Resolution be adopted. Upon roll call vote, the voting was as follows: Aye: Aldermen: Harris, Hightower, Holt, Horton, Hutcherson, King, Bentley, Cosgrove, Dickerson, and Grimsley. No : None . The Resolution read as follows: RESOLUTION N0. 51~. WHEREAS, Senate Bill 21L~, "An Act to Clarify the Municipal Annexation Laws of the State of Arkansas: Declaring an emergency: and for other purposes", is now before the General Assembly, and WHEREAS, the City of West Memphis is in a process of growing at an alarming rate, and it may be to the City's advant~e to annex land in the surrounding area for its use or protection; therefore, be it RESOLVED, that the West Memphis City Council go on record as approving of the adoption of Bill 21t~. .,„ „ ., ., :...-rc~..c Permission to advertise for the 1975 Mosquito Control Program was requested. After discussion of number of times to spray and specifications for bids to request cost per spray, motion was made by Alderman Holt, seconded by Alderman Grimsley that the Mayor be granted permission to advertise for bids for Mosquito Control. Upon roll call vote, the voting was as follows: Aye: Aldermen: Harris, Hightower, Holt, Horton, Hutcherson, King, Bentley, Cosgrove, Dickerson, and Grimsley. No : None . Alderman Horton inquired as to Police Department enforcing payment of delinquent Privilege License, and was advised by Alderman. Bentley the Police Commission had discussed the matter and action is being taken. The City Attorney explained procedure for issuing of warrants. Numerous complaints as to traffic around school zones was brought to the attention of Council by Alderman Horton. The matter was referred to the Police Department and Engineer's Department to work together on the problem. .~,derman Hightower presented complaints as to parking at Wonder School due to mud and water, and Mayor Ferguson appointed Alderman Hightower to attend the next Schoolboard meeting to recommend the School Board provide additional parking . Alderman Harris inquired as to junk yard operating at N. l~.th and Thompson, and was assured the matter would be investigated. Alderman Harris introduced Mrs. Roberta Jackson, 632 S. 17th, who sated her home had been burglarized and inquired why the Police Department did not take fingerprints. Assistant Chief Keen explain~~l:. procedure of investigation and availability of fingerprints and importance. Alderman Hutcherson introduced Mr. A. J. Thomas, who requested if action is to be taken on request for -~:re!entry of Bill for 100 days of extra racing at Southland Greyhound Track. Mr. Thomas was informed the matter was not on the agenda of the meeting, thereupon i~3:elerman Cosgrove, seconded by Alderman Grimsley moved that we waive the rule put on the agenda the matter pertaining to Senate Bill 1~ 9. After discussion of allocation of revenue from the track due to Bills pending, reentry of Senate Bill 1~9, rule of the Council for an unanimous vote to place a matter on the agenda, the roll call vote was as follows: Aye: Aldermen: Harris, Hightower, Horton, Hutcherson, King, Cosgrove, Dickerson, and Grimsley. No: Aldermen Holt and Bentley The. Mayor announced the motion did not pass was not unanimous, and the matter would be placed on the Agenda of next meeting. Alderman Bentley, seconded by Alderman Holt moved the meeting be recessed until 5 p.m. February 18, 1975. Upon vote, the voting was as follows: Aye: Aldermen: Harris, Hightower, Holt, Horton, Hutcherson, King, Bentley, Cosgrove, Dickerson, and Grimsley. No : None . _~ ATTES ~^ CITE CLERK ~ APPROVED : APRIL 3, 1' ~ 75 ,mss ~% . ~[.~.~,zc~.d-~._ ~YOR