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August 21, 197598 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HAD AND HELD ON AUGUST 21, 1975 The City Council of the City of West Memphis, Arkansas met in regular session at its regular meeting place in West Memphis, Arkansas, at 1:30 o~clock p.m., on the 21st day of August, 1975• The following were present: Mayor Joyce Ferguson; City Attorney R. L. Smith; and Aldermen Thomas Di~zkerson, D. M. Grimsley, W. L. Harris, A. 0. Holt, Pritchard Horton, J. C. King, Tilden Rodgers, R. T. Bentley, and R. S. Cosgrove. Absent: Alderman: J. E. Hightower. Alderman A. 0. Holt offered prayer. It being determined a quorum was present, the following proceedings were ~ to-wit: Alderman Grimsley, seconded by Alderman Harris, moved that Minutes of August 21st as included in the packet be approved. Upon vote, the voting was as follows: Aye: Aldermen: Dickerson, Grimsley, Harris, Holt, Horton, King, Rodgers, Bentley, and Cosgrove. Nay: None. Mayor Ferguson presented Mrs. Gilbert D. Jay a Distinguished Service Award and a Bicentennial Medal in appreciation of her services as Bicentennial CommitteE: Chairman. Mrs. Jay paid tribute to the members of her Committee, and announced the Committee had received $13,000.00 Bicentennial Funds. Due to the absence of Parker Eubanks a Distinguished Service Award for services as an Airport Commissioner will be presented at a later date. The Mayor presented Twenty Year Service Pins to Otis Rushing and Charles Powers of the Fire Department, and expressed appreciation to Otis Rushing, who recently retired from the Department. Alderman Bentley, Chairman of the City Hall Building Committee, reported plans are being made with the architect and contractor for final acceptance of the riew City Hall, and will commence on the project with the Bicentennial Committee. Alderman King, Chairman of the Shop Maintenance Committee, expressed appreciation for the clean-up at the shop area and reported all city vehicles had been repaired and in operation. Alderman King requested a meeting with the Budget Committee to discuss funds of approximately $3,000.00 for uniforms and equipment for additional firemen. Alderman Holt brought to the Councils attention excerpt from August 8, 1975, letter from the Office of the Attorney General in response to letter from the City Attorney pertaining to the eligibility of a Civil Service Commissioner on the basis the Commissionerts wife is a City employee, the excerpt read as follows: "since the Commissioners spouse would apparently be subject to the rules and regulations promulgated by the Civil Service Commission and since any appeal by the Commissionerts spouse of a personnel decision would be heard by the Civil Service Commission, this would raise an apparent conflict of interest and would make this Commissioner1s presence on the Commission questionable at best." Also, referred to the City Attorney's letter of August 12, 1975 on the matter. Thereupon, Alderman Holt, seconded by Alderman Cosgrove, moved that we replace the Civil Service Commissioner from Ward ~ upon ruling of Attorney General as requested by the Council. During discussion of the motion, City Attorney Smith elaborated on his letter of August 12th, and consideration was given as to the qualification: of the Commissioner, due to the controversy the Council being remiss if does not clarify the position, tests to be given by the Commission, removal of a Civil Service Commissioner for cause, what constitutes cause, hearing on the matter, and request and receiving opinion from the Attorney General on the matter. Roll call vote on the question was put by the Mayor, and the voting was as follows: Aye: Aldermen: Grimsley, Harris, Holt, King, Bentley, Cosgrove. Nay: Aldermen: Dickerson and Rodgers. Alderman Horton abstained City Attorney Smith ruled the motion failed due to requirement of two-thirds of all members of Council elected. ~. . _ .~..~, 99 The Mayor stated that consideration should be given to a resolution approving the sale of airport revenue bonds. City Attorney Smith read the resolution entitled: A Resolution Approving The Sale Of Airport Revenue Bonds, Series 1975, Authorized By Ordinance No. 839 Approving The Designation Of A Trustee And Paying Agent; And Prescribing Other Matters Relating Thereto. Alderman Cosgrove, seconded by Alderman Harris, moved that the resolution be adopted. During discussion, Mr. Morris Fair, Financial Consultant for the City, advised no city property used as collateral for retirement of the bonds, secured solely from revenue of the airport operation. The question was put by the Mayor on the adoption of the motion and the roll being called, the following voted Aye: Aldermen Dickerson, Grimsley, Harris, Holt, Horton, King, Rodgers, Bentley, and Cosgrove and the following voted Nay : None . The Mayor thereupon declared the resolution adopted and signed the resolution, which was attested by the City Cleric and impressed with the seal of the City. The resolution was given No. 5~.1. The resolution read as follows: RESOLUTION NO. 5~1 A RESOLUTXON APPROVING THE SALE OF AIRPORT REVENUE BONDS, SERIES 1975, AUTHORIZT;L~` BY ORL'INANCE NO. 8~~9 APPROVING THE DESIGNATION OF A TRUSTEE AND PAYING AGENT; AND PRESCRIBING OTHER MA ITERS REI.ATINf~ THERETC3., WHEREAS, pursuant to the authorit~r coni'erred by Ordina:~ce No. $39 of the City, adopted and approved July l 7 , 197S (the "Authorizing Ordinance ") , there were duly authorized the City's Airport Revenue Bonds , Serie {~ 1975 , dated .April 1, I975 , in the principa I amount of $ 75 , 000 (the "bor~c's"}; and v. WHEREAS , the bonds have , pursuant to the authority confe rre d by the Authorizing Ordinance, been sold on the terms set forth below. NOW, TI-IEREFORE, BE I'f RESOLVED by the City Council of tl~c City of West Memphis , Arkansas: Section 1. The sale of the bonds is hereby approved and confirmed, __ .The bonds .shall be .sold at a price of par plus ar_crued i~~*~rest fio t'r~e daii of delivery.- The bonds shall be delivered to the purchasers named in a letter of_ delivery instructions signed by the Ma}ror and delivered to the Trustee, and the Trustee shall be fully entitled to rely thereon, Tha bonds shall be dated April 1, 1975. The bonds shall bear interest and be numbered, and the principal of and interest on the bonds shall be payable, as follows: - - _ _. ~__ _.._ __, ~._,......._.._ - ~ z w. :. _. - _ 4 - ._ __ . Page 2 YF~AR PRINCIPAL BONS NOS. ~ INTEREST R11TE ~` ~ INTEREST . April 1 October 1 TOTAI, ~~ 1975 2907.50 2907.50 19 76 - .. 2907.50 2907.50 5815.00 1977 1,000 1 2907.50 2870.00 681.5 00 1978 ~ 2,000 2-3 2870.00 2795 .00 . 7740, 00 1979 2,000 ~4-5 2795.00 2720,00 7590.00 1980. 2 , 000 6--7 2 720.00 2645.00 7440.00 1981 2,000 8-9 7-1/2;~ 26x5.00 25'10.00 7290.00 1982 3,000 10-12 2570.00 2457.50 814Q,0Q 1983 3,000 13-15 2457,50 2345.00 . 7935.00 1984 3,000 16-18 2345.00 2232.50 7690.00 ' 1985 3,000 19-21 2232.50 2120.00 74G5.00 1986 3 ,000 22-24 21.20.00 2007. SO , 7240.00 1987 3,000 ZS-27 _ 2007.50 . 1891.25 ~ 7015.00 19 $8 ~ 4 , 000 2 8-31 1.891.25 1736.25 ~~ 778?.. SO I9~9 4,000 32-35 7-3/4~'~0 1736.25 ].581.15 7472.50 - 7.990 5 , 000 36-40 1581.25 13 87.50 81.62.50 1991 5,000 41.-45 1387.50 1193, 75 7775.00 1992 5 , 000 46-50 ~_ _ 1 1.93.75 1000.00 73 87. ,0 1993 S , 000 S 1-55 ___ 1. t)U0.00 800.00 1000.OQ 1994 6,000 56-61 800.00 560.00 7600.00 1995 - 7,000 ~ 62-68 8% - 560.00 280.00 8120.00 . - . 1996 ~ 7, 000 _ 69-75 ~ 80.00 ~- 7560.00 " - - Section 2, lank of ~'l~est 1iI`r,~i.~~~i:? , ~ft~f:st ~~ `~=rnp?pis, nrl:~r~;;as, is hereby appointed and approved as Trustee and P~,~,~ir~g Agent for the bonds , Section 3. 7`his Resolution is ass;;;.tc~d pursuant to the authority conferred by the Authorizing Ordinance, and tie Ate;~d~>rizing Ordinance, toget:?~er vaitl-c and as supplemented by this Resolution, is ~~~ft.='fi~~d and confirmed anti shall continue - In full force and effect. Section 4 . The provisions of tl~~i ~~ l?c, solution are hereby declareC to be severable and if a SeC1:loI1, phrase ur pr~c~E~ision sh::Il be decl?red invalid such . declaration shall not affect the VuliGity of the remainder of the Resolution. Section 5 . This Resolution sha 11 be in full force and effect from ant? after its adoption , ~i' i~ i~ ~ 3a~~~ 101 City Engineer Brawley reviewed a proposed sign study and implementation of the recommendations provided in the study as to upgrading "Stops' and t'Yidldss signs, signing deficiencies along streets not on a Federal-aid System, and 90~ Federal financing and 10~ local for installation of the signs . A resolution entitled "A Resolution expressing The Willingness Of The City Of West Memphis, Arkansas To Cooperate With. The Office Of The Coordinator Of Public Safety_And Other Agencies In The Preparation Of A Signing Study And program For The City Of West Memphis, Arkansas's was read by the City Attorney. Alderman Grimsley, seconded by Alderman Rodgers, moved that the resolution be adopted. During discussion of the motion as to criterion, traffic count, ~-way signs, description of signs, removal of signs, and citizen reaction Alderman Horton, seconded by Alderman Dickerson moved that the motion be tabled. Roll call vote on the motion was as follows: Aye: Aldermen: Dickerson, Grimsley, Harris, Horton, and King. Nay: Aldermen: Holt, Rodgers, Bentley, and Cosgrove. Motion failed . The question was put by the Mayor on the adoption of the motion to adopt the resolution, and the roll being called, the following voted: Aye: Aldermen: Grimsley, Rodgers, Bentley, and Cosgrove. Nay: Aldermen: Dickerson, Harris, Holt, Horton, and King. # The motion failed . Mayor Ferguson recommended the designation of Mrs. Sarah Y. Smith as a Department Head. After discussion, vote on the designation was as follows: Aye: Aldermen: Dickerson, Grimsley, Harris, Holt, Horton, King, Rodgers, Bentley, and Cosgrove. Nay: None. Mr. Morris Fair, Financial Consultant far the City, elaborated on reasons for recommending to the Mayor she execute mor-~gage release on-1.09 acres unto fast St, Louis Castings Company as authorized by the Council on August 7, 1975, and an opinion on the matter had been requested by the Mayor and City Attorney. Mrs. Connie Stewart, Executive Director of the Tenn-Ark.-Miss. Council of Girl Scouts requested a portion of the funds received by the City from Southland Greyhound Park for the benefit of young females. Mrs. Stewart commented on funds available from tie Community Chest, cookie sale, approximate cost of $25.00 per girl for the X50 to 500 girls involved in Scouting in West Memphis and development and upkeep of property for scout camps. After discussion, the matter was taken under advisement. Upon inquiry Alderman Grimsley was informed additional work is to be completed by the railroads at their city street crossings. Building Inspector Avery reported information is not available as to repairs at the Boy Scout Hut, and the dilapidated houses program will commence within thirty to forty-five days. Alderman Harris requested the Park Commission consider increasing the proposed height of fence aound the Jackson baseball field, and was informed by Lee Cramer would depend on bids and money alloca~d. Alderman Cosgrove inquired as to ordinance oe the1Council forsl~dnesstduring the Alderman Dickerson expressed appreciation t illiness of his wife. ,Suggestion was made the request for financial assistance by the Girl Scouts be made in writing. Mayor Ferguson announced Municipal League Meeting November 16-18th in Hot Springs, and a public hearing in connection with the Community Development Program at 7;30 p.m., August 27, 1975, in the Courtroom. Building Tnspec~r Avery announced the Southern Building Code Congress will meet in Hot Springs November 15-16th. There being no further business, the meeting adjourne d. ~/ 1 MAYOR ,~. ATT '`~ CITY CLERK APPROVED: #~ AMENDED-SHPT R 18, 1975