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February 20, 1975 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HAD AND HELD ON FEBRUARY 20, 1975• The City Council of the City of West Memphis, Arkansas, met in a regular session at its regular meeting place in West Memphis, Arkansas, at 1:30 p.m. on the 20th day of February, 1975• Rev. S. J. Parker offered. prayer. The following were present: Mayor Joyce Ferguson, presiding, and Aldermen: A. 0. Holt, Pritchard Horton,. C. D. Hutcherson, J. C. King, R. T. Bentley, R. S. Cosgrove, D. M. Grimsley, W. L. Harris, and J. E. Hightower; and City Attorney R. L. Smith. Absent: Alderman Thomas Dickerson. It being determined a quorum was present, the following proceedings were had to-wit: Mayor Ferguson announced minutes would be read the next meeting; also due to Alderman Bentley having a Committee comitment Alderman Hutcherson will serve as Library Laison Member assisted by Alderman Grimsley. Bids for 1975 Weed Control Program were requested in accordance with Proof of Publication dated January 22nd and 29th. The following bids were read by the City Attorney: Gates Agricultural Service Southern Spray Co. Terminix International Inc. $16, 5~.~- . 35 13,783.35 16,x.53.12 Alderman Grimsley, seconded by Alderman King moved to send bids to Street Committee for proper evaluation. Upon vote, the voting was as follows: Aye: Aldermen: Holt, Horton, Hutcherson, King, Bentley, Cosgrove, Grimsley, Harris, and Hightower. No : None . Bids for tractor with one rear mounted and one side mounted mowers in accordance with Proof of Publication dated February x.th and 11th were read by the City Attorney as follows: Memphis Ford Tractor, Inc. International Harvester Co. $19,631.06 11,122.33 Alderman Hutcherson, seconded by Alderman Holt moved to turn over bids to Street Committee for proper evaluation. Upon vote, the voting was as follows: Aye: Aldermen: Holt, Horton, Hutcherson, King, Bentley, Cosgrove, Grimsley, Harris, and Hightower. No : None . An ordinance entitled "Axl Ordinance To amend Ordinance No. 751 Of The City Of West Memphis, Arkansas, Which Adopted The National Electrical Code, 19?1 Editionrr read the first time on January 16th, the second time on February 6, 1975, was read the third time by the City Attorney. Aladerman Harris, seconded by Alderman Horton, 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; .Holt, Horton, Hutcherson, King, Bentley, Cosgrove, Grimsley, Harris, and Hightower. No: None. The Mayor thereupon declared the ordinance 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. 825, and read as follows: ~` ~ ORDINANCE N0. 825 AN ORDINANCE TO AMEND ORDINANCE N0. 751 OF THE CITY OF WEST MEMPHIS, ARKANSAS, WHICH ADOPTED THE NATIONAL ELECTRICAL CODE, 1971 EDITION. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1. Section 1 of Ordinance No. 751 of the City of West Memphis, Arkansas is hereby amended as follows: The words, "National Electrical Code, 1971 Edition", in Section 1 shall be changed to read, "National Electrical Code, 1975 Edition". Section 2. Section 3, Ordinance No. 751 is hereby amended as follows: It shall be the duty of the Electrical Inspector to see that this code is enforced" . Section 3. If any section, subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invalid, such unconstitutionality or invalidity shall not affect the remainder of this ordinance; and, all ordinances or parts of ordinances in conflict herewith are hereby repealed. „„„ 3,-~, „-,. ,. An ordinance entitled "An 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 3" was read the second time by the City Attorney. Roll call vote upon approval of second reading of the ordinance was as follows: Aye: Aldermen: Holt, Horton, Hutcherson, King, Bentley, Cosgrove, Grimsley, Harris, and Hightower. No : None . Alderman Grimsley, seconded by Alderman Hutcherson moved that an ordinance entitled "An Ordinance To Raise The ~,lary Of The City Treasurer, Declaring An Emergency And For Other Purpsoes"~be turned over to a Committee for further study. Roll call vote upon the motion was as follows: Aye: Aldermen: Holt, Horton, Hutcherson, King, Bentley, Cosgrove, Grimsley, Harris, and Hightower. No : None . Alderman Cosgrove seconded by Alderman King moved that a Resolution pertaining to the City of West Memphis going on record as favoring the passage of Senate Bill 1~.9 to grant an additional 100 days of racing for Southland Racing Corp. Mayor Ferguson requested Alderman Bentley to preside due to the absence of Vice-Mayor Dickerson, and read statement reflecting her views on the matter which contained a letter from Lloyd Britt, 1911 Scottwood and newspaper article. Upon the Mayor resuming as presiding officer a lenghty discussion was held. Summary of discussion as follows: Alderman Horton related opposition by the citizens of his ward to the additional racing, and a resolution he had prepared regarding disposition of funds. Alderman Harris spoke in favor of the Bill as to desires of the citizens and monetary benefits. The Resolution pertaining to the City going on record as favoring the passage of Senate Bill 1~.9 was read by City Attorney Smith. Alderman Hightower recommended the number of days be changed to 20 provided the funds are received by West Memphis. Alderman Grimsley expressed the opinion of citizens who had called him in favor of the Bill. Alderman King proposed an amendment whereby the citizens of West Memphis would have the privilege and opportunity to vote whether or not want additional days. Alderman Cosgrove spoke in favor of the matter. Petition with 106 names for the Bill was presented by Eugene Hazelwood, 302 Qxford. C. B. Britton, Crawfordsville spoke in opposition and presented petition. Petition with approximately J~59 names of citizens of Ward ~. in opposition to the Bill was filed. Bruce White, 602 S. Roselawn stated petition in opposition to Bill had been sent to the Governor's office. Jessie Sullivan, 329 S. Center Drive informed the Council a number of employees of the track interested in the additional days of racing were present, and of a survey of businesses he had made in favor of the Bill. Motion by Alderman Hightower that postpone the Resolution for consideration of citizens was not seconded. fi.,) Upon request for vote on the Resolution, the roll being called, the following voted: .Aye: Aldermen: King, Cosgrove, Grimsley, Harris. No: Aldermen: Holt, Horton, Hutcherson, Bentley. Abstained: Alderman Hightower. :A tie vote announced, thereupon, Mayor Ferguson voted: No : Mayor Ferguson Alderman Bentley, seconded by Alderman Holt requested 10 minute recess. The voting was as follows: Aye: Aldermen: Holt, Horton, Hutcherson, King, Bentley, Cosgrove, Grimsley, Harris, and Hightower. No: None. RECESS The Mayor called the meeting to order. Alderman Horton introduced and moved that a Resolution pertaining to division of funds from Southland Racing Corporation be read, the motion was seconded by Alderman Holt. The City Attorney read the Resolution. During consideration of the Resolution the words "division of~~ were inserted in the 3rd paragraph, 3rd line. Upon roll call vote on the Resolution as read with ~nSe~rtori~ the voting was as follows: Aye: Aldermen: Holt, Horton, Hutcherson, King, Bentley, Cosgrove, Grimsley, Harris, and Hightower. No: None. The Resolution adopted read as follows: RESOLUTION N0. 516 WHEREAS, there have been bills brought before the General Assembly of the State of Arkansas concerning Southland Racing Corporation to alter the number of racing days and amount of revenue received by the City of West Memphis, Arkansas, and WHEREAS, the Mayor, City Council, and Cih tens of West Memphis, Arkansas, have been gravely concerned because of these bills, and WHEREAS, the Mayor and City Council of the City of West Memphis, Arkansas suggest to the Arkansas Legislature that the race track be left at the present number of days, and that the division of Pari-mutuel Betting Revenue of same be left as is, NOW, THEREFORE, BE IT RESOLVED B~ THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, that in the event legislation is passed to divide these funds in another manner, we will endorse the closing of the race track. :.~".-)C- :: s.~-~.~ A Resolution to accept Grant Offer for the Muni ~.1,A' rt from the De artment of Trans ortation, Federal/~asa~e~~ ~~~~s~~`l~~torney. P P Alderman King, seconded by Alderman Horton moved that accept Grant Offer and approve Resolution. Mr. Don Burnett, Chairman of the Airport Commission advised grant funds will be used for extending and mark partial parallel taxiway, extend aircraft parking apron; relocate lighting controls and construct lighting vault; light partial parallel and connecting taxiways and airport revenues are expected to pay for the improvements. C. H. Bond, Engineer for the Airport, explained long range plans and importance of control tower under construction. Upon roll call vote on the Resolution, the voting was as follows: Aye: Aldermen: Holt, Horton, Hutcherson, King, Bentley, Cosgrove, Grimsley, Harris, and Hightower. No: None. f~ .. The Resolution adopted read as follows: RESOLUTION N0. 517 WHEREAS, an Application for Federal Assistance dated February 3, 1975 has been submitted to the Department of Transportation, Federal Aviation Administration (FAA) requesting federal participation in the cost of certain improvements at West Memphis Municipal Airport; and WHEREAS, the FAA has issued a Grant Offer, which, if duly accepted, provides a commitment of $226000 in federal funds for development specified therein; and WHEREAS, it is determined to be in the interest of the City of West Memphis, Arkansas (termed "Sponsor" herein) to accept this Grant Offer; NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of West Memphis, Arkansas, (said City termed "Sponsor" herein) does hereby accept the provisions of said Grant Offer, a copy of which is attached hereto and incorporated herein for all purposes, and to evidence this acceptance, the Mayor (Title) is hereby authorized and directed to execute the Grant Offer on behalf of Sponsor. City Attorney Smith read a Resolution endorsing the bill in the Arkansas Legislature creating a Special Judicial District for Crittenden, Cross, and Poinsett Counties. Mayor Ferguson advised the item on the Agenda was for a recommendation rather than Resolution and the rule would have to be waived to consider as a Resolution. Motion was made by Alderman Grimsley, seconded by Alderman Hutcherson: That waive the rule change from recommendation to Resolution. Upon roll call vote, the voting was as follows: Aye: Aldermen: Holt, Horton, Hutcherson, and Hightower. No: Aldermen: King, Bentley, Cosgrove, Grimsley, Harris. Due to rule of unanimous vote on waiving of the rule to consider on the Agenda, the motion failed. Alderman Holt, seconded by Alderman Hutcherson moved that the matter be considered as a recommendation as shown on the Agenda. City Attorney Smith commented on difficulty in getting to trial City Appeal cases in Circuit Court, and favoring the Special Judicial District. Mayor Ferguson granted three minutes for each speaker as a number of members of the Crittenden County Bar Association were present. Mr. Joe Rogers, 808 S. Roselawn, ~eputy Prosecuting Attorney, presented information in opposition to the creating a Special Judicial District. Attorney V. E. Skillman, 800 Rich Road, spoke in favor of the recommendation. Prosecuting Attorney Dated Burnett spoke in opposition to the creation of a Special District. After discussion, Alderman Bentley, seconded by Alderman Holt moved the Mayor appoint a committee to work with the Bar Association and Deputy Prosecuting Attorney Rogers on the matter. Upon vote, the voting was as follows: Aye.: Aldermen: Holt, Horton, Hutcherson, King, Bentley, Cosgrove, Grimsley, Harris, and Hightower. No: None. Mayor Ferguson appointed A,1.dermen Grimsley, Holt, and Horton to serve as committee and report to Council in five days. Mayor Ferguson brought to the Council's attention a recommendation to the General _ Assembly on a Bill for Arkansas State University to have a Junior College in Crittenden County. Alderman Grimsley, seconded by Alderman Harris moved that Council send a letter to the dele anon recommendin assa e of the Bill. U on g g P g P vote ~ the voting was as follows 1~ye: Aldermen: Holt, Horton, Hutcherson, King, Bentley, Cosgrove, Grimsley, Harris, and Hightower. No: None. `~~~~ Mr. Morris Fair of United Municipal Investment Corp. explained procedure for sale of Airport Revenue Bonds to obtain matding funds for the FgA. Grant Offer, and a Resolution had been prepared for consideration of the Council. Alderman Bentley, seconded by Alderman Hutcherson moved that the Rule be waived and the Resolution be considered. Upon roll call vote, the voting was as follows: Aye: Aldermen: Holt, Horton, Hutcherson, King, Bentley, Cosgrove, Grimsley, Harris, and Hightower. No : None . City Attorney Smith read the Resolution Alderman Bentley, seconded by Alderman Hutcherson moved that the Resolution be adopted. Upon roll call vote, the voting was as follows: Aye: Aldermen: Holt, Horton, Hutcherson, King, Bentley, Cosgrove, Grimsley, Harris, and Hightower. No : None . The Resolution read as follows: .RESOLUTION N0. 518 A RESOLUTION AUTHORIZING THE SALE OF CITY OF WEST MEMPHIS, ARKANSAS AIRPORT REVENUE BONDS; AUTHORIZING AND DIRECTING THE PUBLICATION OF A NOTICE OF SALE: AND PRESCRIBING OTHER MATTERS PERTAINING THERETO. WHEREAS, the City of West Memphis, Arkansas operates a municipal airport (the "Airport") through its Airport Commission (the "Commission"); and WHEREAS, upon due investigation, the Commission has determined that the Airport is in need of improvements (the "improvements") in order to assure that it is adequate to serve the needs of the City and its inhabitants; and WHEREAS, it has been determined that it is in the interest of the City that the improvements be accomplished; and WHEREAS, it is ~n the interest of the City that the City sell and issue airport revenue bonds ("airport revenue bonds" or the "bonds"), as described generally hereinafter, in a principal amount not to exceed $200,000 for the purpose of providing funds to accomplish the improvements.. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Memphis, Arkansas: Section 1. The Commission may sell the bonds at one time or in serieis from time to time as funds are needed to accomplish the improvements. Section 2. The Commission is authorized to consult with and utilize the assistance of the City's fiscal agent for the bonds, UMIC, Inc., Memphis, Tennessee in making necessary arrangements for the sale of the ,bonds. Sale of the bonds shall be reported to the City Council, and the ordinance adopted by the City Council authorizing and securing the bonds shall set forth the details of the bonds, including date, interest rates, interest payment dates, principal amount, principal maturity dates, denominations and numbering. Section 3. The bonds shall not be general obligations of the City and shall not constitute an indebtedness of the City within the meaning of any constitutional ar statutory limitation. The bonds shall be special obligations, secured by a pledge of ar~.payable from revenues derived from the operation of the Airport. Section ~.. The Commission is authorized and directed to take such action and ~ execute such documents as may be necessary to carry out the authority conferred by this Resolution or cbo evidence the exercise thereof. Section 5. The provisiions of this Resolution are hereby declared to be severable and if any provision shall for any reason be held illegal or invalid, such holding shall not affect the validity or legality of the remainder of the provisions hereof. Section 6. All resolutions in conflict herewith are hereby repealed to the extent of such conflict. Section 7. This Resolution shall be enforced immediately upon and after its passage. ....,.ova... ~~~. :~-~... ~c~c n .. ~~.~~. The operation of the West Memphis Transportation Company buses was brought to the Councils attention. After discussion, Alderman Grimsley, seconded ' by Alderman Hutcherson that hearing on the matter be set March ,6th, and ' .City Attorney Smith notify Mr. Hamilton Smythe, West Memphis Transportation . Company of the hearing. Upon vote, the voting was as follows: , Aye: Aldermen: Holt, Horton, Hutcherson, King, Bentley, Cosgrove, ~.msley, Harris, and Hightower. No : None . Mrs. Helen Taylor, representing Mrs. Mary Jay, Chairman of the Bicentennial Committee, requested location fora 27 x 52 log cabin donated by Mrs. Dan Springfield of Crawfordsville for a museum, and two locations were being considered,. east of the City Hall, 100 Court Street preferred due to security or the northeast corner at Avalon and Tyler. After discussion of ownership of property, space, city codes, and, space at City Library, Mayor Ferguson appointed a . committee of Alderman Cosgrove, Administrative Assistant Gallaher, and Building Inspector Avery to work with the Bicentennial Committee and report to the Council :. at a later date . Alderman Bentley, Chairman of the Hospital Insurance Committee, introduced Mr. Tommy Franks and Mr. Gene Tracy of the Arkansas Municipal League. Mr. Franks reviewed claims, premiums, and request for 8~ rate increase. After discussion of number of claims, rates, present contract expiring March 1st, Alderman Bentley., seconded by alderman Grimsley moved renew contract with Arkansas Municipal League with rate increase of 8/. Upon vote, the voting was as follows: Aye: Aldermen: Holt, Horton, Hutcherson, King, Bentley, Cosgrove, Grimsley, Harris, and Hightower. No: None. Mayor Ferguson informed the Council she had President. Crittenden. County Chapter NAACP, Department of Housing and Urban Development as follows: received letter from Mrs. Lillian B. Hodges; the letter and letter to Regional _ ___ were read by City Attorney Smith. The ~Ionorable Mayor, Mrs. Joyce Ferguson West .Tr~emphi,s City Hall West Mempl~.is, Ark. X2301 Dear Mayor Ferguson: Enclosed is a copy of a letter that was sent to Washington, D, C, for immediate attention. We are advising you at this time that until we are recognized on the first section of your proposal booklet, .that we are prepared for any direct action we feel is necessary; or until the time we feel that action is no longer needed. We do nflt want this letter interpreted as a threat, but these are the facts and has now become a way of life for ll2inority people. Minority people must have equal. representation and be a part of any decisions directly affecting them. Ma.y oil have .mere your soul. - ~ ~^ Mrs. Lil .Hodges, President Crittenden County Chapter ITT A A C P ~Ot1 r 1 . Crittenden County Chapter N A A C P - P. O. Box 774 ~ ~ ~ ~'` j West Memphis, Ark. 7230I ~, . February 5, I975 Regional department of F~ousing and t3rban Development Southwestern Regional Office I505 Elm Street Dallas, Texas 75201 J Dear Sir; This letter is to inform you that, We the Members of the Minority, specifically ~ ~Tt':.Sv ~•av.611~1t3.w7 ~.nd Cs 1 4~'uuE21 ~.C'+.u,. ' 2.i'e 1?'1'3'_?1~er u ~':~ ~He a_e^~,.,,, d'r~~.,._S c..£d r t' t~ , r a r t~~}7 r ~ffo t by. the Lack of decision making process, that is vital to our welfare. Federal ~~uncf5 such as, _ Revenue Sharing, Urban Renewal, Comn~.unity Flanning ~u~d Development, C° E. T, A., i1° E.A.A. , E, E.A. , and Disaster Relief Funds; these funds are within . our areas, but we have not been involved in the decision making p~~ocess of what ° priorities these funds should be delegated for. Since 1968, we have tried to communicate and participate, but we have been denied the privilege to,the decision that was nxade. Recently, we have made diligent attempts to be a part of the decision making process, but have been ignored by our Io~.~al o~fieials.. ~ ~ . -~- On January 9, ,January 12, and February 4, ~-I975, vre presented recommendations with priorities to the local City Council, anal recommendations concerning i~rojects' priorities. On January 9, ~ I975, the City Couixcil held a closed meeting, but recommen- Nations were requested from each member of the ~~ity Council. For the January~I2th meoting, which was also closed, letters were presented to the members of the City Cc3unC iI . ~ - . There have been several attempts to communicate, but people. directly affected have not had an opportunity tv be a part of the decision making process. Zt appears that the Local City Council is making decisions without regards to the recommendations made by the two Black Representatives that are on the Council. . . Z'r=.k~ refore, We the 1Vlembers of .the Crittenden County Chapter of the N A A C P request that withholding of payment become effective immediately, until corrective action has been taken by local city officials as directed by the Secretary of the Treasury. - - Resp~lY Yours, - ~____ . stirs. Lllia. Hodrics, elide Crittenden County apter NAACP ~tJY Alderman Bentley refuted any and all statements made in the allegations by Mrs. Hodges, and stated was imper~ tive the City make response to the letter. Alderman Hightower commented on his representing the people of 1r~ard 5. Alderman Harris elaborated on meetings he had attended, his work with the Urban Renewal Agency, and the Community Development Program. The wishes of the people in the area, interests of groups at public hearings held, were discussed at length until point of order requested and passed. Request to advertise for a pick-up truck for the City garage was presented. After discussion of the truck being used by Clayton McNeil, equipment needed, funds designated in the budget for the garage, Alderman Harris, seconded by Alderman Grimsley moved that table matter until next meeting. Upon vote, the voting was as follows: Aye: Aldermen: Holt, Hutcherson, King, Bentley, Cosgrove, Grimsley, Harris, and Hightower. No: None. Alderman Horton not present for voting. Mayor Ferguson nominated Glen May, Carl Reavis, Johnny Rodgers, and Julius Edge as members of the Gas Examiners Board.. Motion was made by Alderman Holt, seconded by alderman King: That accept Gas Examiners Board as nominated by the Mayor. Upon vote, the voting was as follows: Aye: Aldermen: Holt, Hutcherson, King, Bentley, Cosgrove, Grimsley, Harris, Hightower, and Horton. No : None . The Mayor nominated Glen May, Carl Reavis, I{ynn S~zmpter, and Johnny Rodgers as members of the Plumbing Examiners Board. Recommendation was made that I. 1~. Hanna, Plumbing Inspector be ex officio member of the Board. After discussion, motion was made by Alderman Cosgrove, seconded by Alderman Holt that accept Plumbing Examiners Board as recommended by the Mayor, also recommendation accepted by the Mayor as to I. M. Hanna being ex officio member. Upon vote, the voting was as follows Aye: Aldermen: Holt, Hutcherson, King, Bentley, ~osgrove, Grimsley, Harris, Hightower, and Horton. No : None . Mayor Ferguson nominated W. A. Perrine, George Thomas, Bill Manning, and Ness Secrest as members of the Electric Examining Board. Alderman Cosgrove, seconded by Alderman Harris moved to approve nomincations for Electric Examining Board. Upon vote, the voting was as follows: Aye: Aldermen: Holt, Hutcherson, King, Bentley, Cosgrove, Grimsley, Harris, Hightower, and Horton. No : None . Alderman Cosgrove, seconded by Alderman King moved that write a letter to Washington to refute the letter Lillian Hodges wrote, and as many of the Aldermen who will sign it. Upon roll call vote, the voting was as follows: Aye: Aldermen: Holt, Horton, Hutcherson, King, Bentley, Cosgrove, Grimsley, and Harris. No: Aldermen: Hightower Motion carried. Mayor Ferguson nominated Mrs. Gloria C. McCain as a member of the Park Commission. After discussion of Mrs. McCain living in Ward 3, and the member of the Commission whose term is expiring lives in Ward ~., Alderman Horton, seconded by Alderman Grimsley moved that table the matter until next month. Upon vote, the voting was as follows: Aye: Aldermen: Holt, Hutcherson, King, Bentley, Cosgrove, Grimsley, Harris, Hightower, and Horton. No: None. The Mayor appointed Alderman Grimsley as laison between the Park Commission and Council. ~~ Alderman Cosgrove, Hightower, and King were appointed by the Mayor to serve on the Comprehensive Public Liability and Property Damage, and Workmen~s Compensation Committee. Alderman Bentley, seconded by Alderman Hutcherson moved that the committee appointments be approved. Upon vote, the voting was as follows: Aye: Aldermen Holt, Horton, Hutcherson, King, Bentley, Cosgrove, Grimsley, Harris, and Hightower. No : None . After discussion of spreading among different insurance agencies, motion was made by Alderman Cosgrove, seconded by Alderman Bentley that the Mayor be authorized to advertise for bids for Comprehensive Public Liability, T~Jorkmen~s Compensation Insurance, T~Workmen~s Compensation and Comprehensive General Liability Insurance, Comprehensive Automobile Liability Insurance. Upon vote, the voting was as follows: Aye: Aldermen: Holt, Horton, Hutcherson, King, Bentley, Cosgrove, Harris, and Hightower. No: None. Alderman Grimsley not present for voting] Alderman Harris introduced Mrs. Garnett Williams, who requested renewal of Council permission to operate a beauty shop at 322 S. lath Street. City Attorney Smith read recommendation from Manes & Associates that the property be declared a Non Conforming Use. After consideration, Alderman Bentley, seconded by p.lderman Harris, moved that the beauty shop at 322 S. 13th Street be designated as a Non Conforming Use. Upon vote, the voting was as follows: Aye: Aldermen: Holt, Horton, Hutcherson, King, Bentley, Cosgrove, Harris, Hightower, and Grimsley. No: None. Consideration of delinquent privilege license was tabled until next meeting upon motion of Alderman Bentley, seconded by 1+lderman Grimsley. Upon vote, the voting was as follows: Aye: Aldermen: Holt, Horton, Hutcherson, King, Bentley, ~osgrove, Grimsley, Harris, and Hightower. No : None . Alderman Cosgrove requested the Aldermen to check the privilege license lists distabuted as to businesses in operation. Rick Gallagher, Administrative Assistant, reportedon construction projects as to bids, payments made and percentage of completion Auditorum ~7~, City Hall 5~.a, Library 98q, Neighborhood Facility 9?~; also advised the amount of money voted for City Hall and Auditorium was not sufficient to complete the projects and equipment. Mr. Morris Fair of United Municipal Investment Corporation, elaborated on the money anticipated for the projects not being sufficient, the bond market, and reports from the County Assessorts office of $29,111,~0~ for 197. assessment would permit sale of up to $350,000 additional bonds and resolution had been prepared for consideration of the Council. Alderman Bentley, seconded by Alderman Cosgrove moved that waive the rule and place the Resolution on the agenda. Upon roll call vote, the voting was as follows Aye: Aldermen: Holt, Horton, Hutcherson, King, Bentley, Cosgrove, Grimsley, Harris, and Hightower. No : None . City Attorney Smith read the resolution. .Alderman Bentley seconded by Alderman King moved that adopt the Resolution as read. Upon roll call vote, the voting was as follows: Aye: Aldermen: Holt, Horton, Hutcherson, King, Bentley, Cosgrove, Grimsley, Harris, and Hightower. No: None. The Resolution read as follows: _ _ r,,.~ ~~ RESOLUTION) NO. A .RESOLUTION AUT~3ORIZING TI-IE SALE OP CITY OF WEST MEMPHIS, ARKANSI~S GENI~RAL OBLIGATION REFUNDING ANTS 1MPR01.IEMEN'r Bor~TDS, SERIES 13; AUT~IORIZING ANI:, DITZTCTI:NG THE PUBLICATION OF A NOTICE OF SALE; AND PRESCRIBII~TG OTHER M.~.TTERS PERTAINING TIIERETO. WHEREAS, the electors of tl~e City of West I\~7emphis, Arkansas (the "City"), at a special election held April 24, 1973 approved issuance of West ' IVlemphis, Arkansas General Obligation Refunding and Improvement Bonds, in the aggregate principal amount of $2 , 000, 000 far the purpose of refunding the General Obligation Refunding and Improvement Bonds of the City dated August 1 , 1964 and financing tl~e construction and equipment of a city hall and L}~e construction and equipment of an auditorium; and WI-~EREAS, a s approved by the electors of the City and a s a uthori~ed by Amendr,~ent N'o. 13 to the Constitution of the State of Arkansas, all of the bonds, r~:gardless of series and regardless of when sold and issued, shall be general ob~.igations of the City, specifically secured by a pledge of collections or. a special continuing annual tax of five (5) mills on the assessed valuation of the property {real and personal} located in the City; and V1jHEREAS, there has been sold and issued City of West Memphis, Arkansas General Obligation Refunding and Improvement Bonds, Series A, dated July 1, 1973 in .the (unconverted) principal amount of $1,500,000 and there remains unissued .bonds in the (unconverted) principal amount of $500, 000; and WHEREAS, upon due investigation it has been determined that additional funds ,are needed in furtherance of accomplishment of the improvements for which the bonds were approved by the electors; and WHEREAS, it is in the iizterest of the City that the City sell and issue additional bonds for the purpose of providing additional funds. to further the accon~pl.ishment of the purposes for ~A~hich the bonds were approved . VITHEREAS, the amount of additional bonds that can be sold and issued at a:~y tyme is subject to the total assessed valuation of the taxable property located in the City, according to the latest assessment of record; being at the necessary 3eve1. NOW, THEREFC?RE; BE IT RESOLVED by the City Council of the City of _.,_ ._ West Memphis , Arkansas: --Section 1. The Mayor is hereby authorized and directed to proceed at this time to sell City of VlTest Memphis, Arkansas General Obligation ffefunding and Improvement Bonds, Series B, in a principal amount not to exceed $350, 000. In the event the amount of additional funds now required to complete the con- strutting and equipping of the city hall and constructing dnd equipping of the municipal auditorium is less than $350,000, the Mayor is authorized and directed to proceed to sell the Series B Bonds in the principa? amount required. Section 2. The Mayor is hFrehy authorized and directed to publish a Notice of Sale for the Serie s B Bond s . The Iulayor is authorized to consult with and utilize the assistance. of the City`s fiscal. agent for the bonds, UMIC, Inc. , - Memphis, Tennessee in the preparation, publication and distribution of the I~otace of Sale , but the .Notice of Sale shall be in substantially the same form a s tl~a t utilized in the sale of the Se rie s A Bond s , with changes appropriate to ci+escribe the Series B Bonds and the. details thereof, and shall contain those provisions that are customary in the sale of municipal general obligation bonds. Sale. of the Series B Bonds shall be reported to the City Council, and the ordinance adopted by the City Council. authorizing and securing the Series B Bonds shall set forth the ~ details of the Serie s B Bond s , including date , interest rates , . ,interest payment dates , principal amount , principa 1 maturity dates , denominations and numbering . _ ,.c..,:.~,,.~..ys.~..~...:,...,:..~....,..._~.__ .. ~,,...._ ~_.w._..._ _ _.. .. . _ _ . _ .. _ ... . _ _ _. ~~• Pa gc 3 :• Scctir~~; 3 . '!'.l~~e Mayor ~~nc, l:he (;'i iy Clc'rh arcs herc:k~y auth~~ri2oc3 ~~nci directed to to}:c such action anal exAcuto such documents as may be necessary to carry out the authority conferred by this Resolution or to evidence the exercise thereof . Section 4. The provisions of this Resolution are hereby declared Lo be severable .and if any provision shall fc~ any reason be held illegal or invalid, such holding sha 11 not affect .the validity or Mega lity of the re ma in.de r of .the provisions hereof . Section 5. All resolutions in conflict herev~~ith are hereb repe~.led to the extort of such conflict. Section. 6 . This Resolution sha li be :~nfarreci immed is to Iy upon and after its passage . ...... ~. ri .~ Alderman Harris requested permission for Girl Scouts to use 50 chairs, and the matter referred to Director of Park Commission, and inquired as to junk yard investigation on N. ll~th Street. Alderman Hightower. agreed to postpone until next meeting his report on meeting with School Board. Alderman Holt presented complaint as to litter blowing from behind Ana Service Station on N. Missouri to the Holiday Mall parking lot, City Engineer Brawley was requested to check into the matter. Motion was. made by Alderman Grimsley, seconded by Alderman Holt that _~ ~ adjourn the meeting. until 5 p.m. Wednesday, February 26, 1975. Upon- vote, the voting was as follows: Aye:. Aldermen: Holt, Horton, Hutcherson, King, Bentley, Cosgrove, Grims~.ey, Harris, and Hightower. No: None. _. ATTES ----_.~'...~ ~ CITY C o-~ fAYOR • APPl~OVED: April 3, 1975 •