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
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