July 3, 197553
DES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS, HAD AND HELD ON JULY 3, 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 3rd day of July, 1975•
Alderman Rodgers offered prayer. The following were present:
Mayor Joyce Ferguson, presiding, and Aldermen: Tilden Rodgers, R. T. Bentley,
R. S. Cosgrove, Thamas Dickerson, D. M. Grimsley, W. L. Harris, J. ~. Hightower,
A. 0. Holt, Pritchard Horton, and J. C. King; and City Attorney R. L. Smith.
Absent: None.
The following proceedings were had to-wit:
Alderman Harris, seconded by Alderman Bentley, moved that Minutes of
June l9, 1975, and June 25, 1975, as included in the packet be approved.
Upon vote, the voting was as follows:
Aye: Aldermen: Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris,
Hightower, Holt, Horton, and King.
No : None .
Mr. Morris~Fair, President, UMIC, Inc. discussed with the Council the
proposed Agreement For Financial Advisory Services that was included in the
agenda packet, past and future bond issues, fees for Financial Consulting
Contracts. Thereupon a resolution authorizing the employment of a financial
advisor to serve the City in connection with issuance of municipal bonds was
read by the City Attorney. Alderman Bentley, seconded by Alderman Cosgrove,
moved that adopt the resolution. Upon roll call vote, the voting was as
follows:
Aye: Aldermen: Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris,
Hightower, Holt, Horton, and King.
No : None .
The resolution read as follows:
RESOLUTION N0. 535
A RESOLUTION AUTHORIZING THE EMPLOYM~fitT OF A FINANCIAL ADVISOR TO SERVE THE
CITY IN CONNECTION WITH ISSUANCE OF MUNICIPAL BONDS.
WHEREAS, the City of West Memphis, Arkansas does, from time to time,
issue municipal bonds; and
WH]~REAS, it has been determined that it would be in the best interests
of the City to employ a financial advisor; and
WHEREAS, the Council authorized (in Ordinance No. 519 on February 20, 1975}
the City to consult with and utilize the assistance of UMIC, Inc.;
NCW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Memphis,
Arkansas, for the Mayor to be authorized to execute the Financial Advisory
agreement attached for the employment and compensation of UMIC, Inc.
~~
Mayor Ferguson requested agenda item No. ~ under ordinances be considered next
due to circumstances of Alderman Dickerson being excused as soon as possible due
to illness of his wife. Alderman Holt, seconded by Alderman Bentley, moved that
item No. ~. of the ordinances be considered. Upon vote, the voting was as follows:
dye: Aldermen: Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris,
Hightower, Holt, Horton, and King.
No : None .
54
Alderman Bentley introduced an ordinance entitled: "An Ordinance To Repeal
Ordinance No. 730, Establishing Water Rates For The City Of West Memphis,
Repealing Ordinances Or Parts Thereof In Conflict, Declaring An Emergency,
And For Other Purposes", and the City Attorney read the ordinance in f'ti~ll.
Alderman Harris, seconded by Alderman Hightower, moved that the rule requiring
the reading of an ordinance in fLl.l~. on three different days be suspended and
that the ordinance be placed on its second reading. The ~e~s: in<,t~~~ord~.r~arace:
were: disduss®d~and +changes`.made::;as'~~olloW~:` -5e~t~eb:~@~'$,at~,F$r~'_~Tarx~:S~r~tr.ce,
Billing and Payments: reconnection charge changed from $5.00 to $10.00;
Rase F~r:'Avr~omatic Sprinkler Systems For Fire Protection, Billing and Payment:
reconnection charge changed from $5.00 to $1.0.00; Equipment Damage: deposit
changed from $25.00 to $30.00. The Mayor put the question on the adoption of
the motion and the roll being called, the following voted:
Aye: Aldermen: Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris,
Hightower, Holt, Horton, and King.
No : None .
Thereupon the Mayor declared that at least two-thirds of all members of the
Council having voted in favor of the motion to suspend the rule, the motion was
carried and the rule suspended. The ordinance was then read the second time by
the City Attorney.
Alderman $odges seconded by Alderman Harti~ then moved that the rule requiring the
reading of an ordinance in full on three .different days be further suspended and
that the ordinance be placed on its third reading. The Mayor put the question on
the adoption of the motion and the roll being called the following voted:
Aye: Aldermen: Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris,
Hightower, Holt, Horton, and King.
No : None .
The Mayor declared that at least two-thirds of all members elected to the Council
having voted in favor of the motion to suspend the rule, the motion was carried
and the rule suspended. The ordinance was then read third time by the City
Attorney.
Alderman King, seconded by Alderman Harris, 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: Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris,
Hightower, Holt, Horton, and King.
No: None.
Alderman King, seconded by Alderman Harris, moved that Section ~., the emergency
clause, be adopted, and on roll call the following voted:
Aye: Aldermen: Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris,
Hightower, Holt, Horton, and King.
The Mayor thereupon declared the ordinance and the emergency clause 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. 837, and read as follows:
ORDINANCE NO.
1 AN ORDINANCE TO REPEAL ORDINANCE
NO. ?30, ESTABLISHING WATER RATES
FOR THE CITY OF WEST MEMPHIS, RE-
PEALING ORDINANCES OR PARTS THEREOF
IN CONFLICT, DECLARING AN EMERGENCY, ,
AND FOR OTHER PURPOSES
i
j
I WHEREAS, the West Mem his Utilit Committee has recommended .and a
P y P -~
roved a revision of Utility rates for water in the City of West Memphis,
I
1
j and
WHEREAS, in order to meet necessary revenue requirements for the City of
West 1Vlemphis and its utility system, it is necessary that Ovater rates
be increased
lti~'OW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF WEST MEMPHIS THAT THE FOLLOWING RATES FOR WATER IN .THE
CITY OF WEST MEMPHIS ARE HEREBY ADOPTED AND APPROVED, AND
SHALL BECOME EFFECTIVE ON SEPTEMBER 1, 19?5.
SECTION 1 -- ORDINANCE NO. ?30 IS REi'EALED
SECTION 2 -RATE FOR WATER SERVICE
RATE: The net monthly rate (after 10% discount) for water service
j shall be as follows
t
Per Month
First 1500 gallons or- less Minimum Meter charge
•' I Next 3500 gallons at $. 40 per thousand gallons
' ~ Next 45, 000 gallons at $. 35 per thousand gallons
All Over 50, 000 gallons at $. 26 per thousand gallons
Minimum The net minimum meter monthly charge (after
Meter 10% discount) shall be determined by the size
Charge of the customer's meter installation as follows
Per Month
1
.Size of Minimum
~ Meter Meter
__.__-
I Charge
j 5/8 & 3/4 Res. $1. 50
` Com. & Ind. 2. 20
1 inch 3. 7 5
1 1 / 2 inch ?. 50
2 inch 10. 00
3 inch 16. 25
4 in ch 2 2. 5 0
~ ,, :._ _~_ ~ ~ nn
t~'
Billing Meters will be read and bills rendered monthly. The
and ~ net bill shall be .paid not more than 15 days from date
i'ayments: of bill; otherwise the 10% discount is forfeited and
.the gross bill is payable. If any bill is not paid by
- the next meter reading date, the City jnay discontinue
service to such customer. In the event of such dis-
continuance of service, the custom ~ ~l~all be requir- ~~.
ed to pay a reconnection ,charge of ~~~~n addition to all
accrued charges for water service before an3• recon-
nection is made and service resumed.
RATE FOR AUTOMATIC SPRINKLER SYSTEMS FOR FIRE PROTECTTON
R.~ $55. 00 net (after 10°'o discount) per year per connec-
tion plus $. 05 net (after. 10% discounts per year for
each sprinkler head connection on the system plus
$24. 00 net {after 10% discount) per year for each cus-
tourer-owned and maintained fire hydrant connected on
the system.
Billing The above rate is net. Billings will be made monthly
and at one-twelfth of the annual rate. The net bill shall
Payment: be paid not more than 15 days from date of bil~ other-
wise the 10% discount is forfeited and the gross bill
is payable. If any bill is not paid within 30 days from
date of bill, the City may discontinue service to such
customer. In the event of such discontinuance of ser--
vice, the Gusto ~~jjr~sl~all be required to pay a reconnec-
tion charge of $~5~8 in addition to all accrued char es
g
.for water service before any reconnection is made and
service resumed.
RATE FOR MUNICIPAL FIRE HYDRANTS
.Rate, $3. 25 net per hydrant per month. The rate includes
,______
the furnishing and installation of the hydrant and the
furnishing of all water used through it for fire fighting
purposes, also the maintenance of the hydrant. The
initial installation shall not require more than 300 feet of
pipe extension for each hydrant, or an investment of more
than 6. fib times the annual gross income to be derived
therefrom.
Billing Bilis will be rendered monthly. The above rate is net
and and payable in cash not later than the tenth of the
Payment month during which service was rendered.
Availability- Water service on a temporary basis for construction
purposes will be served upon application from fire
hydrants or other locations only if such service will
not require construction of lines, etc. , by the City and
will not impair water service or fire protection.
,RATE FOR TEMPORARY CONSTRUCTION WATER SERVICE
Rate $. 60 net per 1, 000 gallons for all water taken plus '
$15. 00 connection and disconnection charge.
Billing and The $15. 00 conne ction and disconnection ch arge shall
Payment be paid in advance with the application. Meters will be
_ read monthly and/or when disconnection is made and
billings for water used shall be paid in 15 days. At the
option of the City, a deposit to secure payment for
wafer mad be required.
•~~~
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Equipment A $ deposit will be required to protect the City
Damage as to Loss or damage to City meters and connections,
etc. , Such deposit will be returned without interest
upon disconnection if all City equipment is recovered
undamaged.
SECTION 3- All ordinances or .parts of ordinances in conflict herewith are
hereby repealed.
SECTION 4 - It being found and determined by the West Memphis City Council
that some modification in the rates for water service is necessary, that
this ordinance is immediately necessary for the health, safety, and well
being of the citizens of West Memphis, Arkansas, therefore, an
emergency is declared to exist and t~zis Ordinance shall be in full force
. and effect from and after its passage and approval.
~s
Alderman Dickerson was excused.
Alderman Bentley, Chairman of the Budget Committee, reported the Committee is
evaluating the status of certain franchise taxes, studying the CETA Program
funding, received $10,000.00 from the Utility Commission, an amount lower than
anticipated, and .recommended the City stop the monthly aayments to the girls and
boys clubs until receive clarification as to the lawsuit filed. After consideration,
Alderman Bentley, seconded by Alderman King, moved $175.00 per month be withheld
from the boys and girls clubs until the lawsuit is settled. During discussion of
the motion, Alderman Holt, seconded by Alderman Rodgers, moved to table recommendation
. of Budget Committee until a later date for additional information. Upon 'roll call
vote on the motion to table, the voting was as follows:
Ayer Aldermen. Rodgers, Bentley, and King.
No: Aldermen Cosgrove, Grimsley, Harris, Hightower, Holt, and Horton.
Alderman Bentley .withdrew motion to recommend stop payments to the boys and girls
clubs, Alderman King withdrew his second of the motion.
s
.Alderman King brought to the Councils attention a decision will .have to~be made at
a later date as to a sixth mosquito spray, and clarification of the contract.
An ordinance entitled ~'An Ordi$ance~Amending The 1973 Edition Of The Southern Standard
Housing Code Previously Adopted ~By Ordinance No. 796 On February 21, 1971~~f .read the .
first time on June 5, 1975 and the second• time on June 19, 1975 was read. the ~ third time ... , .
by City Attorney Smith. Alderman Bentle~r, seconded by Alderman Cosgrove, 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;
I
Aye:- Aldermen Rodgers, Bentley,. Cosgrove, Grimsley, Harris, Hightoer,~Holt, Horton,
• ~ and King
No : None . ~ . .
,. .
The Mayor thereupon declared the ~ordinance~• •adopted and signed the o~dinarice, which was - _
attested by the ~ City Clerk and impressed with the se_ al of the Citg.: The ordria~rce ~ was ~ .
given No . 838, and .read as follows ; r
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QRDINANCE. NO. ~~ .~,Y
.,~
AN ORDINANCE AMENDING THE 197.3 EDITION OF THE n° ~~
SOUTHERN STANDARD HOUSITdG CODE PREVIOUSLY ~ ~~
~'
ADOPTED BY ORDINANCE N0. .796 ON FEBRUARY. 21, 197~#-
'~ "~ ~~
WHEREAS, certain buildings in the City of .West Memphis, Arkansas-ji
have become run-down, dilapidated, unsafe, unsightly, dangerous,
obnoxious, and detrimental to the public we3:#'are of the citizens
of the City of West Memphis, and
WHEREAS, the condition of these properties constitutes a serious
structural, fire and. health hazard, and
WHEREAS, immediate action is necessary to remedy this situation
and said buildings should be razed either by the owners or by the
City of West Memphis, and
" WHEREAS, it is desirable to amend the previousl~r adopted Southern
Standard Housing Code, 1973 Edition, in order to provide for the
razing. of dilapidated and unsafe buildings;
NOW, THEREFORE, BE IT ORDAIPTED BY THE CITY COUNCIL OF THE CITY
OF WEST MEMPHIS, ARKANSAS ;
Secticn 1. That Part 308, titled "Designation of Unfit Dv~Tellings
and Zegal Procedure of Condemnation", of the 1973 Edition of the
Southern Standard Housing Code which was adopted by Ordinance
No. 796 on February 21, 197- is hereby amended in Section 308.2,
Form of Notice, by adding to the existing four (~~ paragraphs
enumerated (a~ (b) (c) and (d) the following two paragraphs
., _ ~ _ - -
to wit:
"(e) In case the owner, agent, or person in control cannot
v be found within the stated time limit, or ii such
owner, agent, or person in control shall fail,
neglect, or refuse to comply with notice to repair,
rehabilitate or to demolish and remove said building
or structure or ~ po,rtion thereof, the Building Official,
after having ascertained the cost, shall. cause such
building or structure or portion thereof to be
demolished, secured, or required to remain vacant.
1.
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e,4` '~' fir,, 3 _ _ - ~ 1Y1~
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(f) Cost incurred under paragraph 308.2(e) shall be
charged to the owner of the premises involved and
shall be collected in the mdn.ner provided by law".
Section 2. The Code of Ordinances of the City of West Memphis,
Arkansas, is hereby amended in the respects necessary to reflect
the addition of the two (2) paragraphs enumerated herein to
Section 308.2 of the 197.3 Edition of the Southern Standard
Housing Code.
Section 3. All Ordinances or parts of .Ordinances in conflict
herewith are hereby repealed.
Mayor Ferguson announced the Southern Standard Housing Code Appeal Board
will be appointed at the next Council meeting.
Hearing on Petition To Vacate Easement on the West 105 feet of the North
Half of Block "B" and the West 100 -feet of the South Half of Block "B" of
the Henry Craft Addition owned by Charles J. Upton was the next order of
business. Notice of Hearing was published in the Evening Times on
June 23rd and 30th.
Attorney Lindsey J. Fairley appeared on behalf of the petitioner, and
.commented on construction plans, rerouting electric, gas, and telephone lines,
easement reserved by the deed, quitclaim deeds,~and plans for drainage.
Mr. and Mrs. Arthur Smith and Mr. Ralph Sloan, who own property in the block,
were present. Mr. Smith brought to the Councilts attention matters involved
and referred to letter sent to the Aldermen. Mr. Sloan alluded to State.
Statutes pertaining to vacating streets and alleys. After discussion, it was
consensus the matter be referred to the Utility Department to work out details
as to .the use of the easement .
An ordinance to rezone the 500 Block of West Oliver Street was presented.
Attorney Ralph Sloan appeared on .behalf of the property owner, and discussed
the recommendation of the Planning Commission to rezone the property with the
Council. The ordinance entitled "An Ordinance To Rezone A Tract Containing.
3.8 Acres ?xl The S1~ Of Section 12, Township 6.North, Range 8 East, Being
Also Known As The 500 Block Of West Oliver .Street, West Memphis, Axkansas"
was read by the-City Attorney. Alderman Rodgers, seconded by Alderman Bentley,
moved that adopt the ordinance on the first reading. The question wars put by
_ the Mayor on the adoption. of the motion and the roll being called, the following
voted:
Aye: A1der~en: Rodgers, Bentley, Cosgrove, Harris,- Hightower, Holt, ,
Horton, and King. ~ _~ '
No: None.
Alderman Gri~n.sley was not pre sent for vot~.ng .
so
An ordinance entitled "An Ordinance To Rezone A Tract Containing 1.925 Acres
In Part Of The SFr Of Section 9, Township 6 North, Range 9 East, Lying North
Of The Center Line Of U. S. Highway No. 70~t was presented for consideration.
The Planning Commission had recommended the rezoning, and Attorney Ralph Sloan,
appearing on behalf of the property owners, advised additional property in the
area will be presented for rezoning upon his receiving a description of the
property. The ordinance was read by the City Attorney. Alderman Cosgrove,
seconded by Alderman King, moved that the ordinance be adopted on the first reading.
The question was put by the Mayor on the adoption of the motion and the roll being
called, the following voted:
Aye: Aldermen: Rodgers, Bentley, Cosgrove, Harris, Hightower, Holt, Horton,
and King.
No: None.
Alderman Grimsley was not present for voting.
The Resolution to levy taxes for general purposes, debt service, and public
city library was read by City Attorney Smith. Alderman Rodgers, seconded by
Alderman Bentley moved that the Resolution be adopted. Upon vote, the voting
was as follows :
Aye: Aldermen; Rodgers, Bentley, Cosgrove, Harris, Hightower, Holt, Horton,
and King..
No : None .
Alderman Grimsley was not present.
The Resolution read as follows:
RESOLUTION N0. 536
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS:
That a tax of five (5) mills upon the dollar for general purposes, five C5)
mills upon the dollar for debt service, and one (1) mill upon the dollax for
public city library upon the assessed value of all real and persor~l.property
within the limits of the City of West Memphis, Arkansas, be and the same are
hereby levied, and the City Clerk is hereby directed to deliver a certified
copy of this Resolution to the Clerk of the County Court of Crittenden County
for the tax books for the year 1975 •
The Resolution for the Firemen~s Relief and Pension Fund was read by the City
Attorney. Alderman Harris, seconded by Alderman Cosgrove, moved that adopt
the Resolution. Upon vote, the voting was as follows:
lye: Aldermen: Rodgers, Bentley, Cosgrove, Harris, Hightower, Holt, Horton,
and King .
No : None .
Alderman Grimsby was not present.
The Resolution read as follows:
RESOLUTION N0. 537
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS:
That a tax of one (1} mill upon the dollar for Firemen's Relief and Pension
Find upon the assessed value of all real and personal property within the
limits of the City of West Memphis, Arkansas, be and the same is hereby levied,
and the City Clerk is hereby directed to deliver a certified copy of this
Resolution to the Clerk of the County Court of Crittenden County for the tax
books for the year 1975•
61
A Resolution to levy a tax for the Policeman's Pension and Relief Fund was
read by the City Attorney. Alderman King, seconded by Alderman Cosgrove,
moved that the Resolution be adopted. Upon vote, the voting was as follows:
Aye: Aldermen: Rodgers, Bentley, Cosgrove, Harris, Hightower, Holt, Horton,
and King.
No : None .
Alderman Grimsley was not present.
The Resolution read as follows:
RESOLUTION N0. 538
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, A1~~ANSAS:
That a tax of one (1} mill upon the dollar for Policeman's Pension and
Relief Fund upon the assessed value of all real and personal property within
the limits of the City of West Memphis, Arkansas, be and the same is hereby
levied, and the City Clerk is hereby directed to deliver a certified copy of
this Resolution to the Clerk of the County Court of Crittenden County for the
tax books for the year 1975•
~.~~
Alderman Bentley, seconded by Alderman King, moved that waive the rule in order
to consider designation of Department Heads, who will not be under Civil Service.
Upon roll call vote, the voting was as follows:
Aye: Aldermen: Rodgers, Bentley, Cosgrove, Harris, Hightower, Holt, Horton,
and King.
No: None.
Alderman Grimsley was not present.
Alderman Bentley advised Manes & Associates had prepared a preliminary outline
for designation of Department Heads of the City. After consideration of the
organizational structure, designation of Departments, Civil Service, and
staff ftizn.ctions, Administrative Aid Gallagher read the following to be designated
as Department Heads:
Director of Finance - unfilled
Director of Public Works - City Engineer Eddie Brawley
Data. Processing - William Mellas
Finance Administration - BooI~eeping Lou Handley
Police - State Statute
Parks and Recreation
Fire Department - State Statute
Utility Department
Department of Permits and Inspections
Department Fleet Maintenance
Utility Department - Sub-Department Heads -Engineering, Purchasing, Water,
Electricity, Sewer, and Treatment Plant
Alderman Bentley, seconded by Alderman King, moved that designate these as
Department Heads as read by the Administrative Assistant. Upon roll call vote,
the voting was as follows:
Aye: Aldermen: Rodgers, Bentley, Cosgrove, Grimsley, Harris, Hightower, Holt,
Horton, and King.
No : None .
Alderman King, seconded by Rlderman Cosgrove, moved that waive the rule to place
on the agenda discussion of the word reasonable that applies to building under
Flood Relief. Upon roll call vote, the voting was as follows:
Aye: Aldermen: Rodgers, Bentley, Cosgrove, Grimsley, Harris, Hightower, Holt,
Horton, and King.
No: None.
During discussion of the matter, Alderman King, seconded by Alderman Holt, moved
that table for further study, and the Mayor appoint a committee to study. Upon
roll call vote, the voting was as follows:
Aye: Aldermen: Rodgers, Bentley, Cosgrove, Grimsley, Harris, Hightower, Holt,
Horton, and King.
No: None.
62
Mayor Ferguson appointed the following committee to study the matter:
Alderman Harris, Chairman, City Engineer Brawley, Aldermen Cosgrove and
King, and Building Inspector Avery.
Judge Fairley directed the Councilts attention to the expiration of the
deadline for obtaining a location for classes for the C6~am~pnity College,
however, the matter might be extended for a short time. Mayor Ferguson
advised action is to be taken on the matter witlinthe next two weeks.
Alderman Horton inquired as to status of intersections in Ward 5, and was
informed of the work that had been completed under contract.
Alderman Hightower requested clarification of status of the $107,000.00
as to Revenue Sharing and Community Development Funds. The matter was
referred to Administrative Aide Gallagher.
Alderman Cosgrove requested Building Inspector Amery to investigate the
noise at the skating rink on Pearce Street.
Administrative Aide Gallagher reported he and City Engineer Brawley
investigated complaints as to foul odors over the City, and traced the
odors to a sewer treatment plant on Presidents Island. The Plant Engineer
had assured them the problem would be alleviated in two weeks.
Alderman King inquired as to problems involving the parking lot at the new
City Hall, and was informed the City Hall Building Committee is working
with the architect, and recommendations will be presented at a later date.
Mayor Ferguson announced plans are being made to have the July 17th Council
Meeting at the new City Hall. If not, the Council will be advised.
There being no further business, the Council adjourned.
A `~
CTT RK
G'~ fAYOR
APPROVED: JULY 17, 1975