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March 20, 1975~~t f „t + ~ MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HAD AND HELD ON MARCH 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 March, 1975• Rev. Tommie Hinson offered prayer. The following were present: Mayor Joyce Ferguson, presiding, and Aldermen: R. T. Bentley, R. S. Cosgrove, -- Thomas Dickerson, D. M. Grimsley, W. L. Harris, J. E. Hightower, A. 0. Holt, Pritchard Horton, C. D. Hutcherson, and J. C. King; and City Attorney R. L. Smith. Absent: None. The following proceedings were had to-wit: Alderman Holt introduced Mr. Aria Monroe III, Insurance Commissioner, State of .Arkansas. - Minutes of Council Meetings of February 6, 20th, 26th were read, motion was made by Alderman Cosgrove, seconded by Alderman Holt that reading of minutes be continued until next Council Meeting. Upon vote, the voting was as follows: Aye: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, Hutcherson, and King. No : None . Alderman King reported the Committee appointed to investigate purchasing a pick-up truck for the City Garage recommended truck be purchased, and moved the Mayor be authorized to advertise for bids. The motion was seconded by Alderman Harris. Upon vote, the voting was as follows: Aye: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, Hutcherson, and King. No : None . Alderman King, seconded by Alderman Holt moved that a City Maintenance Committee be appointed to check into purchasing of jacks and safety equipment for the City Garage . Upon vote, the voting was as follows Aye: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, Hutcherson, and King. No: None. Mayor Ferguson appointed Alderman King, Chairman of the Committee, other members to be appointed at a later date. Alderman Hightower reported on meeting with Superintendent of Schools Bill M. Kessinger concerning the parking at Wander Elementary School, and West Memphis High School East Campus. Mayor Ferguson announced the appointment of the following Committees: Budget Committee: Alderman Bentley, Chairman, and Aldermen Dickerson, Holt, and Horton. Street Committee: Alderman Holt, Chairman, and Aldermen Harris and Grimsley, Administrative Assistant Gallagher, and Dr. Gilbert Jay. Proof of Publication from the Evening Times for WorIcnen's Compensation Insurance, Comprehensive General Liability Insurance, Workmen's Compensation and Comprehensive General Liability, and Comprehensive Automobile Liability Insurance Bid-notice published on February 28th and March ?th was presented. The following bids were received: Crittend®n Insurance Agency, Inc: Workmen's Compensation insurance - manual rates with guaranteed cost and a participating plan wherein you would receive premium discount if the losses are kept at a minimum. Comprehensive General Liability insurance, excluding automobiles, 55~ off manual rates. Comprehensive Automobile Liability insurance, for a period of one year manual rakes. ~~ ~«k ~, Alderman Hutcherson, secondedby_ Alderman Bentley moved that turn bids over to the Insurance-Oommittee-fo~ study and awarding of bid. Upon vote, the voting was as follows: lye: Aldermen; Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, Hutcherson, and King. No: None. Mayor Ferguson announed the next order of business would be hearing on vacating an unnamed street in accordance with Notice published in the Evening Times on March 10th and 17th. Attorney Ralph Sloan appeared on behalf of Petitioners, no one appeared to object to vacating the street. Alderman Holt introduced an ordinance entitled "An Ordinance Vacating The Unnamed Street Bounded On The West By Lots 36 And 3? And On The fast By Lots 35 And !~1 Of Bonds Survey Of Irregular Lots, West Memphis, Arkansas, As Shown By Plat Of Record In Plat Book 1 At Page 106 And Shown As Lewis Street On The Plat Of Record In Plat Book 1 At Page 96t1, and City Attorney Smith read the ordinance i.n full. Alderman Hutcherson, seconded by Alderman Grimsley moved that the first reading of the ordinance be approved. Upon roll call vote, the voting was as follows: Aye: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, Hutcherson, and King. No; None. After explanation by City Attorney Smith of the procedure for vetoe of an ordinance, Mayor Ferguson advised her reasons for objecting to the abolishing of the Utility Commission, and her letter of March 8, 1975 was read as follows: CITY OF WEST MEMPHIS West Memphis, Arkansas 72301 March 8, 1975 Gentlemen: The purpose of this letter is to advise each of you that under the authority vested in me as Mayor by Ark. Stats. Arno. 19- 101lt, I have this date vetoed Ordinance No. 827 of the City of West Memphis which was adopted on March 6, 19?5, which Ordinance abolished the West Memphis Utility Commission. The original of this letter will be filed in the office of the City Clerk of the City of West Memphis and laid before the next regular meeting of the City Council of the City of West Memphis as required by law. It is my sincere feeling and belief that said Ordinance No. 827 is contrary to the public interest of the City of West Memphis and not in accordance with the general welfare of the citizens of West Memphis or the practical and efficient management of the affairs of our City. I can see no way that the Mayors office and the City Council can hope to run the daily affairs of each and every committee, commission, board or agency of the City while con- tinuing to effectively legislate on general city policy and procedure, and while trying to respond to the daily wishes and desires of the people of the City which we must do. Mueh more, I think that in this particular instance, the City could not undertake to add to its present obligations, the day to day operation of the largest Board or Com- mission in the City. It clearly seems that the experience of the members of the West Memphis Utility Commission is invaluable and something for which we have no substitute. We must also remember that the West Memphis Utility cLomuiiss~.un is presently fighting a rate increase by Arkansas Power and Light Company before the Federal Power Commission in Washington along with several other Arkansas cities, and I would not want to feel that hasty action on our part would do anything to jeopardize our position in that matter, nor the .position of any other Arkansas City protesting that rate increase, ~' `;~' ~ March 8 , 19 75 Page -2- There is also the fact that the c~cc~_sion to abolish the West rlemphis Utility Commission was made in one meeting of the City Council on the emergency clause and without all of the Council ~nemb ers being present to vote, Certainly any decision of this magni- f~de and importance should be considered only .after ample time has been afforded for all members of the Council to study the matter in great depth and every member of the Council given time to discuss the issue with his constituents and then cast hip vote on the issue, Anything less would not be representative of all the citizens of our City on such an important question that would affect all of us. I am convinced that the peop7_e of West Memphis and the best interests of our City call upon all of us to~direct our best efforts toward constructive and not destructive actions, The results of the efforts of 22 years of hard work and dedication should not be instantly dismissed by abolishing the very Commission that performs the work and dedicates the service. The solution does not lie in the actions that may easily result in allowing our utility system to become involved in politics and divisiveness which could end with the doss of the system and its sale to Arkansas Power and Light Co, Another reason of extreme importance that must be takFn into eonsidEration is the fact that the City of West Memphis has over tf~e years issued a considerable amount of Bonds for financing various improvements to the City which we all benefit from. and enjoy, We can look with pride and satisfaction at these accomplish*nents and we want to be progressive enough to strive to continue to improve: these things together, In order to do a large portion of these things money was raised for the City by sale of these bonds and I will use for example Bond Ordinance No, 526 of kTest Alemphis which was passed in 1967 raising .$2,971,650.00 for the City, These Bonds do~not pay out until 1989 and there are covenants and promises of the. City in that Ordinance to the people who bought those Bonds and made the money available to the City along with the Federal Government grants which clearly require certain obligations of the City according to the language contained therein, Twill quote certain provisions of the Ordinance which appear very significant as follows: Ordinance ~~526, Section 13 (h},-Page 21 says in part, "The bonds of this issue shall be specifically-secured by a pledge of all the revenues required to be passed into the Bond Fund, Said pledge iz~ favor of the bonds is hereb irrevocabl made accordin to the terms o t is Or inarce and the Cit an -its o icers and em o ees S a execute er orn an cart out t e terms t ereo in strict con oruiit wit t e rovisions o this Ordinance, _ .., ~ ~ _ ~":~ C'~ ~° ~ _ Aiar ch 8 , 19 7 5 Page -3- Section 24, Page 27 provides in part "The detailed treatment iven all as cots of the S s tem S stem ~'.evenues and the tinarxcin t is Ordinance has een rom ted b and is consistent. wit}~, the ~.nter-re ated nature o the e ectric waterworks and sewer taxi ides in t e Cit and their o erasion as ore s stem and the ictates o mar eta i ity requirements o S stem Bonds on the most avora e basis," Section 25 (b) , Page 28 provides in part - "If the City defaults in any Bond Fun3 requirement or in the erformance of anv of the other covenants and conditions set orth in this Ordinance t e Trustee rna an u on written. re u.est o t e ho ers a not ess t.an ten ercent 1 o in rinci a amount o t e bonds o f is issue t en outstandin s a l ro er suit come t e er oz-mance o~ t o uties o t e o icia s o t1e Cit under t o aws o Ar ansas." Section 25 (d), Page 29, provides in part "That all rights cf action under this Ordinance or under any of the bonds secured hereby, enforceable by the Trustee, may be enforced by it without the possession of any of the bonds or coL~.pons appertaining thereto, and a~such suit action or roceedzn institute~_._by the Trustee shall be brow ht in its name for the uenefit of all the holders of such or~ds atad cou ons su ' ect to the r. ovis ions o this Ordinance , " Section 29, Page 34, provides in part - "That.-the provisions o.f this ~Jrdn-once shall constitute a bindin cor~tYact between the et and the holder and re ~.stered o~,mers of the outstandin bonds and cou ons issued hereunder and the Cis will at all times.~strictl ad~herP to the terms and rovi~ions ereo and ull disc ar e a o its_ O'6~`li~atons hereunder, ~, Section 35 , Page 38, provides in part "Th~~.t~ the reser_L~ e~.:~stin Jest Mem his Utilit Con~ission shall continue in o ice an s a cont~,nue to ave c gar e o and s a er orm t e ri is , ut~.es an o i ations o the Cit un er this Or finance wit re erence to t e Accom is menu o the im rovements the o erasion an ~ain- tenance o the S stem and the collection and handlin o S stem evenues an s a ave t e exercise with re erence to t e S stem a authors and owers rante b the Cit Council an by a licable _aws o t e State o Ax ansas, The foregoing provisions of that Ordinance clearly say that it is to b e strictly construed, that we have a binding contract with the Bondholders, that the terms and conditions of the Ordinance are irrevocable, and that the West Memphis Utility Commission sh~ all continue to operate the West Memphis Utility SyTstem, I do not want to find the City in an embarrassing position of a lawsuit by Bondholders to determine whether or not we have broken our word with them to strictly abide by the terms of this Ordinance, particularly in view of the fact that there still remains in excess of $2,000,000,00 unpaid on those bonds. I would also point out that at the time of this writing I have been contacted by at least one of the Members t~ ±l •- March 8, 1975 Page -4- of the Council who voted in favor of the Ordinance to abolish the Com,.nission suggesting that I strongly consider vetoing for some of the reasons I have given, For all of t~le~e reusvns I have respectfully vetoed Ordinance Ivo. 827 in the interest of the City of Jest Memphis , Very truly yours, ,'~ J~?1YCE~j~'ER U~OI~1, M or ~~ 3~ ~~ After discussion with Mr. Walter Armstrong of UMIC, Inc., pertaining to what effect the abolishment of the Commission might have upon outstanding utility revenue bonds, letters from Morris Fair, President of UMIC, Inc., dated March $th and 20th,:letter from Mr. James A. Buttry of Smith, Williams, Fri day, Eldredge & Clark., Attorneys At Law, and Memorandum of City Attorney Robert Smith `dated March 20, 19?5; motion was made by Alderman Bentley, seconded by Alderman King that override the Mayors vetoe of Ordinance No. 827. Qualification of Aldermen to operate the Utility Department, savings and unification, supervision of the Department, obligation of the~Aldermen to the citizens, politics, and resignation of the Commissioners were .considered during discussion of the motion. Upon .roll call vote, the voting was as follows: Aye: Aldermen: Bentley, Cosgrove, Nickerson, Grimsley, Harris, Holt, Hutcherson, and King. No: Aldermen: Hightower and Horton. The motion carried. Alderman Bentley seconded by Alderman Hutcherson moved for a five minute recess. Upon vote, the voting was ss follows Aye: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Holt,. Hightower, Horton, Hutcherson, and King. No : None . RECESS Mayor Ferguson called the meeting to order. • Mr. Cy Bond presented Preliminary Plat of Missouri Improvement Company, West Memphis Industrial Park lying in the S~, S~ Section 26 and.the . T~, N~ Section 35, T-6-N, R-B-E. The Council was informed the Planning Commission dad recommended approval. After discussion with Mr. Bond~and Mr~. Dozi+~eu~s~ of Guarantor Loan & Real Estate Compar~y, Alderman Bentley seconded by Alderman Hutcherson moved the Preliminary Plat of Missouri ..Improvement Company West Memphis Industrial Park be approved. Upon vote,~the voting was as follows : ~ ~ ~ . Aye: .Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Holt, ~Hightower,:Horton,. Hutcherson, and King. ~ . No : None . . . Final ~ Plat of Fifth Addition To Richland Subdivision hying. in the SE~ of Section 11, T-6-N, R-B-E was presented by Mr. Cy fond. After discussion of plans for, utilities, recommendation ofQPlanning Commission on restrictions and approval of Preliminary P1at,.Alderman Bentley, seconded by Alderman Grimsley moved the Preliminary Plat of Richland Fifth Addition be. approved. Upon vote, the voting was as follows: Aye: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Holt, Hightower, Horton, Hutcherson, and King. No: None. ~~`` ~" !s+' Alderman Bentley, seconded by Alderman Grimsley moved Final Plat of Fifth Addition To Richland Subdivision be approved. Upon vote, the voting was as follows: Aye: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, Hutcherson, and King. No: None. Final Plat of Section 3of Holiday Gardens Dying In The NE~ Of Section ?, The NWT Of The N1~ of Section 8, T-6-N, R-9-E was presented by Mr. Cy Bond. After consideration and recommendation of the Planning Commission, Alderman Dickerson, seconded by Alderman Grimsley moved Final Plat of Section 3 Holiday Gardens be approved subject to approval of City Engineer and Engineer for the Utility Department. Upon vote, the voting was as follows: Aye: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, Holt, Horton, Hutcherson, and King. No: None. Mr. Bob Spivey of Spivey Ambulance Service reviewed operation~~~of the ambulance service, and discussed with the Council equipment available, response to calls, and future service. Mr. Tom Coleman, Executive Director for Urban Renewal Agency, presented Resolution for consideration of the Council. After discussion with Mr. Coleman and Engineer Cy Bond, motion was made by Alderman Bentley seconded by Alderman Horton that adopt Resolution. After further discussion, Alderman Cosgrove, seconded by Alderman Bentley called for the question. Upon roll call vote, the voting was as follows: Aye: Aldermen: Bentley, Cosgrove, ]~ckerson, Grimsley, Harris, Holt, Horton, Hutcherson, and King. No: Alderman: Hightower. The motion carried. The Resolution was read by City Attorney Smith. Alderman Cosgrove, seconded by Alderman Grimsley moved the Resolution be adopted. Upon roll call vote, the voting was as follows: A,ye: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, Holt, Horton, Hutcherson, and King. No: Alderman: Rightower. The :notion carried. The Resolution read as follows: t. z~i RESOLUTION NO.~~ r WHEREAS, on November 22, 1974, Woodstock~Construction Company, Inc., a Tennessee Corporation, entered into a contract for street :improvements, water and sidewalk on Jackson Avenue and Fifteenth Street with The Urban Renewal Agency of the City of West Memphis, Arkansas; and WHEREAS, on or about September 10, 1974, Bond Consulting Engineers ,. and The Urban Renewal Agency of the City ~of West Memphis, Arkansas, entered into a contract for engineering services in connection with said project and furnished completed plans and specifications upon which the Woodstock - Urban Renewal Contract was based; and WHEREAS, under the Community Development concept The Urban Renewal Agency of the City of West Memphis, Arkansas, will no longer be re- sponsible for contracting such work after July 1, 1975, and the City Council will deal directly with contractors. and engineers on such work; and WHEREAS, it is the desire of the City Council of the City of West Memphis, Arkansas, and Bond Consulting Engineers to enter into a contract whereby Bond Consulting Engineers will render certain t~-chanical and professional services, in connection with the under- takings of the City by providing plans and specifications for site improvements on Jackson Avenue between Fifteenth Street and Ditch No. li at a fee recognized by The Department of Housing and Urban Development and approved by the Arkansas Society of Professional Engineers; and WHEREAS, it is desired by the City Council of the City of West Memphis, Arkansas, and The Urban Renewal Agency that the contract of November 22, 1974, with Woodstock Construction Company, Inc. be assigned to the City of West Memphis, Arkansas, effective July 1, 1975, and extended to cover completion of work on JacksonsAvenue between Fifteenth Street and Ditch No. 11 on a unit price basis as provided in said contract; and ~~~ ... ~ _ `~ r _;._ WHEREAS, said contractor is on the site and capable of be- ginning the work in the most expeditious manner and continue it on a price most favorable to the City of West Memphis Arkansas. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Memphis, Arkansas, that Bond Consulting Engineers be employed to prepare plans and specifications and supervise the construction of the Jackson Street Project from Fifteenth Street to Ditch No. ll; that the City of West Memphis, Arkansas accept assignment of a contract dated November 22, 1974, between Woodstock Construction~Company, Inc. and The Urban Renewal Agency of the City of West Memphis, Arkansas, to the City of West Memphis, Arkansas, for completion of the Jackson Avenue Project between Fifteen~h Street and Ditch No. 11 at the unit price provided in said contract and execute an addendum to the November 22, 1974, agreement between The Urban Renewal Agency of The City of West Memphis, Arkansas, and Woodstock Construction Company, Inc. so providing, to be effective upon approval of the lst year Community Development Program applica- tion for The City of West Memphis, Arkansas, by The Department of Housing-and Urban Development. Cordination of the work on Jackson Street was requested in order to lessen ' traffic congestion.. A Resolution pertaining to the Council Agenda was read by the City Attorney. • Alderman Dickerson,: seconded by Alderman Grimsley moved to adopt ~y~,~ solution. After consideration, Alderman~King, seconded by Alderman Grimsley/~to~table until next meeting: Upon vote, the voting was asfollows: ~~~ Aye: Ald®rmen: Bentley,~Cosgrove, Dicloerson, Grimsley, Harris, Hightower., + Holt, Horton, Hutcherson, and King. No : None . ~ .. Alderman Bentley advised he had. withdrawn Amendment to Ordinance No. J~03, thereupon Alderman Grimsley, seconded by Alderman Holt moved that another ordinance prepared Amending Orc~.nance ~To. x.03 be considered. Upon roll call . . vote, the voting was asfollows Aye: Aldermen: Bentley, Cosgrove, D3..ekerson,~Grimsley, Harris, Hightower, ~ . Holt., Horton,~Hutcherson, and King. ~ - , No : None . ~ .~~ Mr. Dennis Coulee, licensed~electrici.an, brought to the Council's attention appointment to the Electric Examining Board two electrical contractors. After discussion of appointments, electrical standards, discrimination, and ordinance sponsored by the electrical contractors, Alderman Grimsley introduced an~:~ ordinance amending Ordinance No . ~ x.03, and moved the ordinance be read, the motion was seconded by Alderman Horton. . ~ s~'et L. Vice-Mayor Dickerson announced Electric Inspector William Egbert had suhmi.tted letter of resignation, and recommended the appointment of Building Inspector Avery as Acting Electric Inspector. After consideration, Alderman Hutcherson, seconded by Alderman Bentley moved to approve the appointment. Upon vote, the voting was as follows: Aye: Aldermen: Grimsley, Hightower, Holt, Horton, Hutcherson, King, and Bentley. No : None . The Vice-Mayor informed the Council Mayor Ferguson had appointed three additional Street Committee members City Engineer Brawley, Mr. C. H. Bond, Jr. and Mr. Bob Lehr. Alderman Grimsley brought to the Council's attention he had resigned from the Committee. Alderman Bentley introduced Mrs. John Ray, 203 N. Bond Street, acting spokesman for a delegation of the Police Department School Crossing Guards, who inquired as to a policy change as to sick leave and a raise. The matter of policy change was referred to Chief of Police Harper and the increase in salary to the Budget Committee. Alderman Horton requested report on action being taken on out-of-town trucks using the City's streets constantly that receive no revenue from. Chief Harper advised had instructed policemen to stop vehicles and inform them to contact the City Clerk's office for proper license, also requested ruling as to placing of license or sticker as had to stop to ascertain when inside the vehicle. City Engineer Brawley reminded the Council of hearing on the water problem to be held in the Courtroom at 7:30 p.m. on April 8th. Alderman King inquired as to oil in ditches, and was informed by City Engineer Brawley and City Attorney Smith they were working on the problem. Alderman Hutcherson requested a check be made on blind street corners. There being no further business, the meeting adjourned. ATTE - ~ ~? CITY C ~~ ~~ .~ ~~ ~~ICE-HAYOR APPRAVED: