February 18, 19754~
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MINUTES OF AN ADJOURNED MEETING OF THE COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS, HAD AND HELD ON FEBRUARY 18, 1975.
The City Council of the City of West Memphis, Arkansas, met in an adjourned
session at its regular meeting place in West Memphis, Arkansas, at 5:00 p.m.
on the 18th day of February, 1975.
Rev. Jessie M. McClure offered prayer. The following were present:
Mayor Joyce Ferguson, presiding, and Aldermen: J. E. Hightower, A. 0. Holt,
Pritchard Horton, C. D. Hutcherson, J. C. King, R. T. Bentley, R. S. Cosgrove,
Thomas Dickerson, and W. L. Harris; and City Attorney R. L. Smith.
Absent: Alderman D. M. Grimsley.
It being determined a quorum was present, the following proceedings were had
to-wit:
Mayor Ferguson announced the adjourned meeting was to consider Resolution
authorizing filing of Community Development Application prepared by Manes &
Associates, Inc.
Alderman Bentley seconded by Alderman King moved that waive the rule and
introduce Resolution authorizing the filing of Community Development Application.
Upon roll call vote, the voting was as follows:
Aye: Aldermen: Hightower, Holt, Horton, Hutcherson, King, Bentley, Cosgrove,
Dickerson, and Harris.
No : None .
Alderman Grimsley made a delayed appearance.
City Attorney Smith read the Resolution entitled "Resolution Of City Council Of
City Of West Memphis, Arkansas, Authorizing Filing Of Community Development
Application, Approving Plans, Making Certain Assurances To Department Of Housing
And Urban Development, And Authorizing Mayor To Certify Contents Of This Resolution".
l~lderman Bentley, seconded by Alderman King moved that adopt Resolution as read.
Mayor Ferguson expressed appreciation to approximately 150 citizens attending the
meeting, and informed those present public hearings had been held, and the Council
would... make the;.,c~ecison- on .theµ,Resol~zton. Summary- of discussions on motion as
.. . .
followsi
Alderman Harris spoke in favor of motion as to completion of Jackson Avenue due to
school children walking in the street, water standing, and the street being narrow,
construction of Fire Station No. ~. in the area. Proposed project cost for sidewalk
on both sides of Jackson Avenue from 15th Street to Ingram Blvd ditch $377,035.00.
Alderman Hightower objected to the completion of Jackson Avenue, and stated the
people in the area preferred 16th and 17th streets construction as the streets
lead directly to the school, also spoke of other projects.
Alderman Bentley reviewed construction of two major streets in the area, l~.th and
15th Streets from Broadway south, and under present City Program work on Jackson
Avenue from 15th Street west to the railroad right-of-way had been contracted, also
outlined traffic pattern for people living in the S• 18th and 20th Streets area, school
routes, and Jackson Avenue is a main artery of the Transportation Plan.
City Engineer Brawley presented pedestrian count as follows: S. 16th Street - ~.7,
S. 17th Street - 27, and Alderman Harris stated approximately 275 to 350 on Jackson AvE
Congrestion of vehicular and pedestrian traffic at the schools and obligation of
the School District were discussed.
City Treasurer Fred Owen requested the Council consider the $100,000.00 allocated
in Community Development Funds for Fire Station No. ~ be paid from Revenue
Sharing Funds, and the $100,000.00 be used for matching funds with Bureau Outdoor
Recreation Funds for a park that had been approved thereby retaining funds in
reserve in the General Fund. The matching of funds was discussed with
Mr. Tom Coleman, Executive Director of the Community Development Program, and
the Mayor called recess for consideration of the legal aspects of the matter by
the City Attorney.
Mayor Ferguson called the meeting to order and inquired as ~o the Council being
ready for the question. Upon vote, the vo~ing was as follows:
.f.
Aye: Aldermen: Holt, Horton, Hutcherson, King, Bentley, Cosgrove,
Dickerson, Grimsley, and Harris.
No: Alderman: Hightower.
The Mayor announced the motion carried.
Thereupon the Mayor called for vote on the motion to adopt the Resolution,
the roll call vote was as follows:
Aye: Aldermen: Holt, Horton, Hutcherson, King, Bentley, Cosgrove,
Dickerson, Grimsley, and Harris.
No: Aldermen: Hightower.
,_-._. ,. .. _. The-.motion -carried._.. ' _
RESOLUTION IdO. Kl~_
The Resolution as adopted read as follows':'`'
RESOLUTION OF CITY COUNCIL OF CITY OF WEST MEMPHIS,
ARKANSAS, AUTHORIZING FILING OF COMMUNITI' DEVELOP--
MENT APPLICATION, APPROVING PLANS , MAKING CERTAIN
ASSURANCES TO DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT, AND AUTHORIZING MP.YOR TO CERTIFY
CONTENTS OF THIS RESOLUTION.
WHEREAS, the City of West Memphis, Arkansas is desirous of
undertaking a variety of community improvement activities with
funds to be received under the provisions of Title :I of the
Housing and Community Development Act of 1974, and has prepared.
f"or this purpose a Community Development Program App~.ication cori-
twining a three-year Comminity Development Plan, a First Year
Program «nd Budget, a Housing Assistance Plan, and environmental
assessments pertaining to requested projects and activities; and
WHEREAS on the basis of the City Council. ' s review of the
materials related to the Community Development Program Applica-
tion, and in light of its desire to undertake Community Develop-
ment Program activities and projects, the City Council hereby
determines that the public interest wi?_1 be served by making
the findings, determinations, approvals, and authorizations
contained herein.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS:
1. That the Application for Federal assistance on Form
HUD-7015, dated February 20, 1975; and the Community Development
Program on Form HUD-7015.1; and the Community Development
Budget on Form HUD-7015.5 accompanying said Application are
hereby approved and the Mayor is authorized to file said forms
with the Department of Housing and Urban Development.
2. That the Community Development Plan, dated February 4,
1975, and the-Initial Housing Assistance Plan, dated January
1975, are hereby in all respects approved as planning documents
to guide this City`s activities during the First Year. of the
Camntunity Development Program.
3. That it hereby recognizes that the Community Develop-
ment Plan and Housing Assistance Plan shall be revised at a
later date to formulate the basis for the Application for
Funding in the Second Year of the Community Development Program,
and that such revisions shall be the subject of eventual review
and approval of this City Council.
4. That the Department of Housing and Urban Development
is hereby assured that by the time the City has filed the Appli-
cation pursuant to this resolution the City will have complied
with the regulations, policies, guidelines, and requirements
of OMB Circular No. A-95.
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5. That the Department of Housing and Urban Deg,*elopmer~t
is hereby assured that the City will comply with the regulations,
policies, guidelines, and requirements of Federal Management
Circulars 74-4 and 74-7, as they relate to the Application,
acceptance and use of Federal funds for the federally-assisted
Community Development Program.
6. That the City of West Memphis, possesses legal authority
to apply .for the grant and to execute the proposed Program, anc~
that the Mayor is hereby authorized to file the Application,
including all understandings and assurances contai:~ed therein
and that the :Mayor is hereby designated as the authorized rep-
resentative of the City to act in connection with the P.pplication
and to provide such additional information as may iae required.
7. That the City will comply with:
(a) Title VI of the Civil Rights Act of 14 E4
(P . L. 88-352 ) and in accordance with Title VI of that Act, no
person in the United States shall,.on the ground of race, color,
or national origin, be excluded from participation in, be denied
the benefits of, or be otherwise subjected to discrimination under
any program or activity far which the Applicant receives Federal
financial assistance and will immediately take any measures
necessary to effectuate this agreement. If any real property
or structure thereon is provided or improved with t~~e aid of
Federal financial assistance extended to the Applicant.., this
assurance shall obligate the Applicant, or in the cas~- of any
transfer of such property, any transferee, for the period during
which the real property or structure is used for a purpose for
which the Federal financial assistance is extended or for another
~~urpose involving the provision of similar services or benefits.
(b) Title VIII of the Civil Rights Act of 1968,
(P .L. 90-284) as amended, and will administer all programs and
activities relating to housing and community development in a
manner to affirmatively further fair housing.
{c) Section 109 of the Housing and Community Develop-
ment Act of 1974 and in conformance with all requirements im-
paled by or pursuant to the Regulations of the Department
(24 CFR Part 570.601) issued pursuant to that Section; and in
accordance with that Section, no person in the United States
shall on the ground of race, color, national origin or sex, be
excluded from participation in, be denied the benefits of, or
be subjected to discrimination under, any program or activity
funded in whole or in part with the community development funds.
{d) Executive Order-11063 on equal opportunity in
housing.
(e) Section 3 of the Housing and Urban Development
Act of 1968, as amended requiring that to the greatest extent
feasible opportunities for training and employment be given
lower income residents of the project area and contracts for
work in connection with the project be awarded to eligible
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business concerns which are located in, or owned in su~~stantial
part by, persons residing in the area of the project.
8. That the Department of Housing and Urban Development
is hereby assured that prior to the submission of its Applica-
tion, the City has:
(a} Provided citizens with adequate information con-
cerning~the amount of funds available for proposed community
development and housing activities, the range of activities
. .that may be undertaken, and other important program requirements;
(b} Held at least two public hearings to obtain the
views of citizens on community development and housing needs;
and
(c) Provided citizens an adequate opportunity to
participate in the development of the application and in the
development of any ret,~isions, changes, or amendments .
9. That the City will:
(a) Provide fair and reasonable relocatian payments
and assistance in accordance with Sections 202, 203, and 204,
of the Uniform Relocation Assistance and Real Property Acquisi--
tion Policies Act (P.L. 91-646) and applicable HUD regulations,
to or for families, individuals, partnerships, corporations or
associations displaced as a result of any acquisition ar real
property assisted under the grogram;
(b) Provide relocation assistance programs offering
the services described in Section 205 of P. L. 91-646 to such
displaced families, individuals, partnerships, corporations or
associations in the manner provided under applicable HUD regu-
lations;
(c} Assure that, within a reasonable time prior to
displacement, decent, safe, and sanitary replacement dwellings
will be available to such displaced families and individuals
in accordance with Section 205 (c) (3} of P. L. 91~-646;
(d) Inform affected persons of the benefits, policies,
and procedures provided for under HUD regulations; and
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(e} Carry out the relocation process in such a manner
9 as to provide displaced persons with uniform and consistent
services, and assure that replacement housing will be available
in the same range of choices with respect to such housing to all
.displaced persons regardless of race, color, religion, or
national origin.
10. That the City will:
(a) In acquiring real property in connection with the
Community Development Block Grant Program, be guided to the extent
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permitted under State law, by the real property acquisition
po lic~es set out under Section 301 of the Uniform Relocation
,Assistance and Real Property Acquisition policies Act and the
provisions of Section 302 thereof;
(b) Pay or reimburse property owners for necessary
expenses as specified in Sections 303 and 304 of the Act; and
(c) Inform affected persons of the benefits, policies,
and procedures provided for under HUD regulations..
11. That~the City will give HUD and the Comptroller General
through any authorized representative access to and the right to
examine all records, books, papers, and documents related to the
grant .
12. That the City will comply with the provi~~ions of the
Hatch Act which limit the political activity of employees.
13. That the City will comply wi~.h the provisions of:
Executive order 11296, relating to evaluation of flood hazards,
and Executive Qrder 11128, relating to the prevention,. control,
and abatement of water pollution .
14. That the Mayor is hereby:
(a) authorized to consent to assume the status of ~:
responsible Federal official under the National Environmental
Policy Act of 1969 insofar as the provisions of such act apply
pursuant to the Community Development Program; and.
(b) Is authorized to consent on behalf o:~ the appli-
cant and herself acting in her official capacity as Mayor of
this City to accept the jurisdiction of the Federal Court for
the purpose of enforcement of his responsibilities as such an
official
l5. That it is hereby found and determined that the Com-
munity Development Program approved by this resolution and
authorized herein:
(a) Gives maximum feasible priority to activities
which will benefit low- or moderate-income families or aid in
the prevention or elimination of slums or blight.
16. That the City will establish safeguards to prohibit
employees from using positions for a purpose that is or gives
the appearance of being motivated by a desire for private gain
for themselves or others, particularly those with whom they
have family, business, or other ties.
17. That the City will comply with all requirements im-
posed by HUD concerning special requirements of law, program
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require~rients, and other administrative requirements approved
in accordance with Federal Management Circular 74-7.
la. That in light of the Environmental Impact Assessment
made of the various projects and activities, the City Council
hereby finds and determines with regard to the projects and
activities listed below that the request for release of funds
for them is not an action which may significantly affect the
quality of human environment; that the Mayor is hereby authcrized
as of the date of this resolution to prepare the required Notice
of Finding of No Significant Effect; ajnd upon the expiration of
a specified period for receipt of comments , the Mayor may file
with the Department of Housing and Urban Development the Request
for Release of Funds for the following projects and activities
included in the Plan and First Year Program:
a. Construction of Fire Station.
b. Improvements to Jackson Community Center Park.
c. Street widening and paving projects.
~d, Demolition and clearance of dilapidated structures.
19. That based on the Environmental Impact Assessment, the
City Council hereby determines that the fallowing activities to
h~e undertaken during the First Year of the Community Development
Program are exempt from tree environmental review requirement:
a. Pla~.ning
b. Administration
20. That this resolution shall take effect immediately.
Mr. Tom Coleman, Executive Diree~or of Community Development Program
reported a letter had been received from HUD the City will receive $26J~,000
to assist in constructing 100 new houses in the low and moderate income
housing program.
There being no further business, the Council adjourned.
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_ MAYOR
ATTE
CITY C
~~ APPROVED: APRIL 3, 1975