September 4, 1975102
MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS, HAD AND HELD ON SEPTEMBER 1~, 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 otclock p.m.,
on the lath day of September, 1975. The following were present:
Mayor Joyce Ferguson, presiding; Aldermen:W. L. Harris, J. E. Hightower,
A. 0. Holt, Pritchard Horton, R. T. Bentley, and Thomas Dickerson; and
City Attorney 'Smith.
Absent: Aldermen: D. M. Grimsley, J. C. King, Tilden Rodgers, and
R. S. Cosgrove.
Alderman Hightower offered prayer.
It being determined a quorum was present, the following proceedings were
had to-wit:
Mayor Ferguson announced City Attorney Smith would present a ruling as the
first order of business.
City Attorney Smith advised he had received inquiries as to procedure for
reconsideration of a motion made by the Council, and after research the
unanimous opinion was that the correct procedure would be as follows:
Before minutes are approved the party on the debating side may make a
motion fa^ reconsiderat~.on axid anyone can second it, it is to be brought up
before the minutes are read, and if the reconsideration motion passes then
the minutes are approved as amended.
The ruling was discussed, and Alderman Bentley, seconded by Alderman Harris
moved that suspend approval of minutes until the next meeting. Upon roll
call, the voting was as follows:
Aye: Aldermen: Harris, Hightower, Holt, Horton, Bentley, and Dickerson.
Nay: None.
Mayor Ferguson presented Distinguished Service Award to 0. C. Sonny Haley,
Director of the West Memphis Boys Club.
Alderman King made a delayed appearance.
Mr. Jay Woods brought to the Councilts attention and a surprise gesture to
Mr. Haley-plans of interested citizens and organizations to assist Mr. Haley
financially with hospital bills due to his health condition.
A 20 Year Service Pin was presented to Fire Chief Burkhart by Mayor Ferguson.
Alderman Bentley, Chairman of the Budget Committee, reported on recommendation
of the Committee to ...designate of October 7th allocation Revenue Sharing Funds sum
of $90,000.00 for the balance on the park land of 50 acres, approximately, on
North Airport Road, and $3,100 for the mosquito program for an extra spraying,
labor and supplies. After discussion, Alderman Bentley, seconded by Alderman
Dickerson moved that approve the two items, $90,000 for park property and
$3,100 for mosquito program from October 7th Revenue Sharing money. Upon roll
call vote, the voting was as follows:
Aye: Aldermen: Harris, Hightower, Holt, Horton, King, Bentley, and Dickerson.
Nay: None.
Recommendation of the Budget Committee to change Revenue Sharing Funds budgeted
for the Sheltered Workshop of $5,000.00 to $2,500.00 and for the Mental Health
Center of $5,000.-p0 to $2,500.00 was presented by .Alderman Bentley, who explained
additional expenses incurred due to Uniforms and equipment for firemen of the
new Fire ~~ation No. ~. and rent for the remainder of the year for the Headstart
Program of $600.00. Thereupon, Alderman Bentley, seconded by Alderman King,
moved that make reapportionment of Revenue Sharing Funds as recommended by the
Budget Committee. Upon vote, the voting was as follows:
Aye: Aldermen: Harris, Hightower, Holt, Horton, King, Bentley, and Dickerson.
Nay: None.
103
Plans for a small childrens park on the Neighborhood Facilities property on
Polk Street between 13th and 71a.th Streets were outlined by Alderman Bentley
and Jay Woods. After consideration, Alderman Bentley, seconded by Alderman
Holt moved that designate maximum of $2,500 from the contingency funds of
Community Development Block Grant Fund for purchase of benches and playground
equipment for a park at the Neighborhood Facilities property. Upon roll call,
the voting was as follows:
Aye: Aldermen: Harris, Hightower, Holt, Horton, King, Bentley, and Dickerson.
Nay: None.
Alderman Bentley, Chairman of the City Hall Building Committee, reported on
progress on lettering of the offices, obtaining accessory pieces, and
microphone for Council Chamber. Recommendation of the Committee that build
parking spaces as original bid was presented thereupon, Alderman Bentley,
seconded by Alderman Dickerson moved that accept recommendation of the Committee
for the original amount of contract for parking space for the new City Hall.
After discussion, the voting was as follows:
Aye: Aldermen: Harris, Hightower, Holt, Horton, King, Bentley, and Dickerson.
Nay: None.
Alderman King reported on Fire Commission meeting, and promotion of Capt. Nichols
to an assistant chief, Billy Hill to captain, Bonnie Simmons to lieutenant, and
Troy Ross to driver; and employment of nine firemen.
Request to continue spraying of ditches and fogging of mosquitoes was related by
Alderman King. After discussion of the mosquito control problem, Health Department
Program, assistance of citizens, Aldermen, and City personnel the committee was
requested to meet with the Budget Committee.
City Attorney Smith read an ordinance entitled "Ordinance To Establish Electrical
Rates For The City Of West Memphis, .Arkansas, Repealing All Ordinances Or Parts Of
Ordinances In Conflict Declaring An Emergency And For Other Purposes" was read by
City Attorney Smith.
Alderman Harris, seconded by Alderman Hightower, moved that the rule requiring the
reading of an ordinance in full on three different days be suspended and that the
ordinance be placed on its second reading. The Mayor put the question on the
adoption of the motion and the roll being called, the following voted:
Aye: Aldermen: Harris, Hightower, Holt, Horton, King, Bentley, and Dickerson.
Nay: 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 Horton, seconded by Alderman Dickerson 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: Harris, Hightower, Holt, Horton, King, Bentley, and Dickerson.
Nay: 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.
104
Alderman Holt, seconded by Alder~r~.an King, 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:
Ayer Aldermen: Harris, Hightower, Holt, Horton, King, Bentley, and Dickerson.
Nay: None.
Alderman King, seconded by Alderman Bentley, moved that Section 8, the emergency
clause, be adopted, and on roll call the following voted:
Aye: Aldermen: Harris, Hightower, Holt, Horton, King, Bentley, and Dickerson.
Nay: None.
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.- 8t~.,~. and- read as follows:
ORDINANCE N0. 8t~~.
ORDINANCE TO ESTABLISH ELECTRICAL RATES FOR THE
CITY OF ~~TEST MEMPHIS, ARKANSAS, REPEALING ALL
ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT,
DECLARING AN EMERGENCY AND FOR OTHER PURPOSES
WHEREAS, the Utility Committee of the City of West Memphis,
.Arkansas has recommended and approved an inc rease in the electrical
rates for the City of West Memphis, Arkansas and,
WHEREAS, this increase is necessary to meet the increase
of twenty-two percent (22f) imposed by the Arkansas Power & Light Co.~z
for the City of West Merriphis, Arkansas; and
WHEREAS, this twenty-two percent (22~) increase from the
Arkansas Power ~: Light Co., has been absorbed by the City of West
Memphis, Arkansas and,
WHEPLEAS, it is no longer economically s"easible for the City of
West Memphis to absorb any more power increases;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY 0~' WEST MEMPHIS, ARKANSAS -~:~ at the following rates for
electricity shall become eff ect~..~~re on November 1, 1975.
SECTION I. :t~,ATES ~,OR i'SIDENTIAL ELECTRIC SERVICE. The rates
for Residential Electric Service Customers of West Memphis, Arkansas,
,,
shall be as follows:
A. The following rules and regulations shall become effective
for residential electric customers of West Memphis, Arkansas.
~l.) This schedule is for electric service in residences,
individual apartments or flats for lighting, refrigeration and other
domestic uses measured through one meter.
(2). Hotels, restaurants, rooming houses and boarding houses
will not be served under this schedule.
(3). A detached budding or buildings actually appurtenant
to the residence, such as garage, stable, barn or summer house,
not being used for any commercial purpose, may be served by an
extension of the customerzs residence wiring and through the
residence meter.
{~-) . When any part of a residence comes to be used regularly
for commercial business, the Residence Service Rate thereupon
ceases to be applicable; and the wiring must be separated, and
the business part metered separately; or the Standard Commercial
Lighting Rate must be applied to the whole premise.
B. KIND OF SERVICE. - Listed below shall apply to Single
Phase alternating current at 115 volts or 115/230 volts.
(1). RATE: -
Flat Rate of 98¢, Plus,
SCR {April through September)
per KWH for the first 65 KWH used
3.05¢ per KWH for the next 135 KWH used
1.83¢ per KWH for the next 500 KwH used
1.22¢ per KwH for all in excess
WINTER (October through March)
700 KWH used same as above
1.22¢ per KWH for the next 600 KWH used
1.¢ per KWH for all in excess
RESIDENTIAL CONTROLLED WATER HEADING
To 161 KWH Regular Residential Billing
161 to 350 KWH $7.08
350 to 1000 KWH 1.22¢ for first 300 KWH
Over 1000 KWH Regular Residential Billing
(2). MINIMUM CHARGE: - The "Flat Rate" charge of 98¢ per
month as stated abovea
Per total residential loads in excess of 10 KW connected
load and for meter loads in residence in excess of 3 HP connected
load there shall be an additional $1.00 net and $1010 gross per KW
per month for such load.
2.
106
{ 3) . PAYI~~NT AND DISCOUNT : - The above rate is the net rat e
for bills paid within fifteen (15) days from date of t.Yn bill. The
gross billing, which shall apply on all bills paid after z?iz~teen {15 i
days of date of bill, is ten percent {lOf) and shall be forfeited.
If a bill is not paid within fifteen (15) days from date thereof,
the City shall have the right to disconnect the Consumer's service
without further notice. If a Consumers service is disconnected
for non-payment, the City may make a reasonable charge for the
labor of reconnection.
SECTION II, RATE FOR COMMERCIAL ELECTRIC SERVICE. The rate
for Electric Service for Commercial Electric Service shall be as
Follows:
A. KIND OF SERVICE: - Single Phase Alternating Current at
ll5 or 230 volts or 115/230 volts, three-wire, single phase service.
RA'Z'E
MONTHLY FLAT RATE:
For up tor,~00 Watts of contract load the sum of $1.22
For contract load in excess of X00 Watts, 12.2¢
For each 100 Watts of said excess, and
MONTHLY METERED RATES:
6.71¢ per KWH for the first l00 KWH per month, per
X00. Watt unit of dernand.
5.~~¢ per KWH for the next 100 KWH per month, per
Watt unit of demand.
~.88~ per KWH for the next 350 KWH per month.
3.66¢. per KWH for the next 50 KWH per month.
2. ~;-ZI-¢ per KWH for the next 00 KGr1H per month.
1.83¢ per KWH for all excess.
Bo MZNII~fIUM CHARGE: The "Flat Rate" charge shall be the
minirlum in all cases.
C. PAYMENT AND. DISCOUNT: - The above rate is the net rate
for bills paid within fifteen (15 ) days from date of the bill. The
gross billing, which shall apply on all bills after fifteen {l5) days
of date of bill, is ten .percent (10~) and shall be forf. eited. If a
3-
10'7
bill is not paid within fifteen (15 ) days from date thereof, the
City shall have the right to disconnect the Consumer's service
T~Tithout further notice.
If a Consumer's service is disconnected for non-payment,
the City may make a reasonable charge for the labor of reconnection.
D, DETERMINATION OF DEMAND: - The demand shall be the sum
total of the Consumer's load in Watts to the nearest X00 Watt unit,
of all lights, motors, and other appliances as determined by the
following schedule:
Lighting Load: 100 of all connected lamp wattage.
Power Load: ~-0 0 of all connected motor load. One
(1) H.P, of motor load shall be taken
as the equivalent of ~0 Watts.
Customer will not be rated over 0.5 KW demand unless his
normal monthly consumption exceeds 1,000 KWH, and not over 2 KW
in any. event.
E. MISCELLAl~TEOUS: - Fifty percent (50~) of the manufacturers ~
rating of power load other than motors. Cooking, water and air
heating loads, fans and lamp socket appliances of 750 Watts rating
or less, not permanently connected, will not be counted.
~,.
108
~.. .
SECTION III. RATE FOR PRIVATE ELECTRIC SERVICE. The rate
for p r.ivate electric service for West Memphis, Arkansas shall be
as follows:
A. 175 WATT MERCURY VAPOR LIGHT INSTALLED ON EXISTING UTILITY P
--$3.66 per month.'
B. x-00 WATT MERCURY VAPOR LIGHT INSTALLED ON EXISTING UTILITY POLE
--$5. ~-9 per month.
C, POLE FOR ABOVE LIGHTS INSTALLED ON CUSTOMER ~ S- -P-ROPERTY
--$1.22 per month.
D. M~TIMUM LENGTH OF SERVICE ONE ( l ~ YEAR.
E. THE ABOVE PRICES HAVE BEEN CALCULATED WITH A TEN PERCENT (10~}
DISCOUNT. IF PAYMENT IS NOT MADE WITHIN FIFTEEN (15) DAYS,
THIS DISCOUNT IS FORFEITED.
SECTION IV. RATE FOR (l25) COTTON GINS - SEASONAL SERVICE -
The rate for (125) Cotton Gins shall be as follows:
A. Desi~: WM-~-
B. Applicable: To Cotton Gin service for six (6) months each
season beginning not earlier than August 1
and not later than October 1.
C. Character of Service: A-C; 60 cycles:
D. Rate:. 3.05¢ per KWH first l00 KWH per HP connected load
2 . ~-~-¢ p e r KWH all additional KWH
E. Delayed Payment: l0/ discount forfeited after fifteen days.
F. Minimum Bill: 1.83 per HP of connected load but not less than
7.32 per HP per season
5.
io9
SECTION V. RATE FOR TEMPORARY ELECTRIC SERVICE. The rate
for Temporary Electric Service for the City of West Memphis,
Arkansas shall be as follows:
A. INSTALLATION AND REMOVAL OF WOODEN SERVICE POLES WITH
PROVISIONS FOR OVERHEAD SERVICE, CONDUIT, AND RECEPTACLES
(110 VOLTS AND 2~0 VOLTS, SINGLE PHASE ONLY} WHERE
AVAILABLE~ --------------------------------------- $20.00
B. MONTHLY CHARGE FOR POLE AND ENERGY CONSUMED, (METERED}
MINIMUM MONTH CHARGE ~ 3.66
10o KWH @ 6.71¢ 6.71
lo ~
¢ 5
o
35 ~wx @ ~
88
~ 08
1
7.
_ 66¢ 12 81
600 ~ @ 2.~-~- 1~.6~-
1,500 0.39
.Excess @ 1.83¢ per KWH
C. WHERE POWER LINES .(PRIMARY OR SECCIVDARY} ARE NOT AVAILABLE
AT THE DESIRED POINT OF DELIVERY OR A VOLTAGE OTHER THAN
THE EXISTING VOLTAGE IS REQUIRED, THERE ti~JILL BE A CHARGE
FOR THE INSTALLATION AND REMOVAL OF ALL EQUIPMENT REQUIRED
TO .FURNISH SERVICE. THIS CHARGE WILL BE COMPUTED BY THE
ENGINEERING DEPARTMENT.
'SEE ITEM NO. 3
SECTIO RATE FOR INDUSTRIAL ELECTRIC SERVICE. The rate
for .Industrial Electric Service f or the City of West Memphis shall
be as follows
A. Rate for 100,000 KWH or more
Demand charge 100 KW
loo xw
200 KW
Excess KW
B. Plus Energy Charge 3,000 KWH
3,00o xwH
1-I- , 000 KWH
lo,ooo xwH
Excess KWH
C. .Rate for less than 100,000 KWH
Demand same as above plus energy charge
1.¢
Mino 3,05
~-oo xwH @ 6.7.0¢ 26.80
x-00 KWH @ 5:50¢ 22.00
35o xwH @ x-.88¢ 17.08
60 66¢
~ 12 81
~
o xwH @ 2
~-~-
¢ 6~-
l~-
_o
2,100 KWH $96.38
Excess KWH 2.¢
6:
@$2.44. 244:00
@$i.8s~ 18 00
X427.00
$1.525
@ 2. ~-~-¢ $73.20
@ 1.83¢ 5-.90
@ 1.22 ¢ x-8.80
$176.90
110 s~cTzo~1 ~TTz. That all ordinances or parts ore ordinances
in conflict herewith are hereby repealed.
SECTION jTIII. EMERGENCY CLAUSE. It being found and determined
by the City Council of the City of West Memphis, Arkansas that an
increase in the electrical rates. for the City of West Memphis is
necessary and that this Ordinance i.s immediately necessary for
the preservation of the public peace, health, safety and welfare
of the citizens of West Memphis, Arkansas, therefore, an emergency
is declared to exist and this Ordinance shall be in full force and
ef~"`~ect from the date of its passage and approval.
Alderman Horton requested consideration be given to a referendum on the
increase of sales tax 2°' to be applied to utility rates. .
An ordinance to establish a procedure for paying parking tickets was read by
City Attorney 9nith. Alderman Bentley, Chairman of the Police Commission, sated
the ordinance has full endorsement of the Commission.
Alderman Dickerson, seconded by Alderman Holt, moved that the rule requiring the
reading of an ordinance in .ftii.1.1 on three different days be suspended and that the
ordinance be placed on its second reading. The Mayor put the question on the
adoption of the motion and the roll being called the following voted:
Aye: Aldermen: Harris, Hightower, Holt, Horton, King, Bentley, and Dickerson.
Nay: 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 Horton, seconded by Alderman Hightower, 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: Harris, Hidtower, Holt, Horton, King, Bentley, and Dickerson.
Nay : 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 the third time by
the City Attorney.
. Alderman Dickerson seconded by Alderman Highower, 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:• Harris, Hightower, Holt, Horton, King, Bentley, and Dickerson.
Nay: None .
. Alderman Dickerson, seconded by Alderman Hold, .moved that Section 10, the
emergency clause, be adopted and on roll call the following voted:
Aye: A.lder,~nen: Harris, Hightower, Holt, Horton; King, Bentley, and Dickerson.
- ,~
Nay: None.
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. 8l~,5. The ordinance -J
read as follows:
111
ORDINANCE N0. ___L~~
AN ORDINANCE TO ESTABLISH A PROCEDURE FOR PAYING PARKING TICK~~TS
ESTABLISHING A TRAFFIC DIVISION OF THE POLICE DEPARTMEIVTT
IN THE CITY OF WEST I~'T~~IPHIS, ARKAI~TSAS
DECLARING AN EMERGENCY AND FOR OTHER PURPOSES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS
SECTION I. Definitions.
ao A Traffic Citation is any ticket issued by an Officer
where there is no personal delivery to the offender and
not signed by the offendero
b. -The Traffic Division is a division of the Police
Department.
c. Prohibited Parking is a violatior_ defined in Ordinance
No. 188, Section 3, of the City of b~~est Memphis, Arkansas.
SECTION II. The following is an Administrative measure enacted
for the convenience of the Citizens of West Memphis, Arkansas to pa,y
parking tickets on a voluntary basis.
SECTION III. Whenever any motor vehicle j~~ithout a driver is
found in a prohibited .parking area, the Officer finding such vehicle
shall take its registration number and affix a Traffic Citation on
a form provided by the Traffic Division, which Traffic Citation may
be satisfied by mailing or carrying to the Traffic Division, Police
Department, City of West Memphis, Arkansas, l~'our and. No/100ths
Dollars {~'~-.00),
SECTIOT~T IV.
Upon the failure ox" the offender to respond within
ten {l0) days from the date of the Traffic Citati on, the Officer
issuing the Traffic Citation shall issue a sv~~m.ons requiring the
offender to app~a_r in Court within five (5) days for "Parking in
a Prohibited Zone" to be dealt with according to lawn ,
1.
,~ : -'
r:,.~:..
..112....
SECTION V.
:. __ _. _
~ ,~,,, ~_
In any prosecution charging violation for "Parkin~~
in a Prohibited Zone", proof that the vehicle was parked and the
Defendant the registered owner shall constitute in evidence a
rima facie presumption that the registered owner did park in a
prohibited zone.
SECTION VI. Nothing herein shall prohibit a person from
requesting that a Traffic Citation against him be transferred to
the docket of the Municipal Court, which shall take place by the
offender coming to the Traffic Division and requesting a summons
to appear iri City Court on a specified day not to exceed ten t1O)
days from date of the Traffic Citation.
SECTION VII.. It shall be the responsibility of the Traffic
Division of the Police Department to 3.s sue sumrr~ons upon expiration
of ten ~10} days when the Traffic Citation is not satisfied and to
render a monthly statement to the Chairman of the Police Commission
the amount of Traffic Citations paid and the number of summons
issued.
SECTION VIII. Repealing Clause.
All ordinances or parts of ordinances in_conflict herewith
are hereby repealed.
SECTION IX.
Seyerability Clausen
Should any word, phrase, sentence, paragraph or section of this
ordinance be declared illegal or unconstitutional for any reason,
such illegality or unconstitutionality shall not affect the remaining
portions of said Ordinance.
SECTION X. Emergency Clause.
It appearing that the City of West Memphis, Arkansas does not
have a convenient method for paying parking tickets, it is found
and determined by the City Council of the City of West Memphis,
Arkansas that this Ordinance is necessary for the preservation of
The public peace, health, safety and welfare, and an emergency is declared to exist
and this Ordinance shall become in full force and effect from and after the date of
its passage and approval.
2.
City Attorney smith read a resolution amending the Community Development Plan.
Jay Woods informed the Council the amendment was in accordance with public -
hearings on the matter. Alderman Bentley, seconded by Alderman Dickerson, moved
that the resolution be adopted. Upon roll call vote, the voting was as follows
Aye: Aldermen: Harris, Hightower, Holt, Horton, King, Bentley, and Dickerson.
Nay: None. f
~_ The resolution read as follows:
,.
RESOLUTION N0.
RESOLUTION OF CITY COUNCIL OF CITY OF WEST MEMPHIS,
ARKANSAS AMENDING COMMUNITY DEVELOPMENT PLAN,
REVISING CONIl~UNITY DEVELOPMENT PROGRAM FOR FIRST
FUNDING YEAR AND AUTHORIZING FILING OF AMENDED
COMMUNITY DEVELOPMENT PROGRAM APPLICATION.
WHEREAS, the City of West Memphis, Arkansas is desirous of
undertaking a variety of community improvement activities with
113
funds to be received under the provisions of Title I of the
Housing and Community Development Act of 197-, and ~~as authorized by
the City Council's adoption of Resolution No. 515 on February 18,
1975 has submitted to the Department of Housing and Urban Development
a Community Development Program Application for the purposes of
securing such funds; and
WHEREAS, such Application has now been approved by the Department
of Housing and Urban Development; and
WHEREAS, the City of West Memphis, Arkansas is desirous of
amending its Community Development Plan and revising the projects
and activities to be undertaken in the First Year in order to add an
additional p roject and to otherwise amend the program; and
WHEREAS, there has been prepared for the stated purpose an
Amendment to the Community Development Plan which is identified as
a printed document consisting of two (2) pages of narrative text
and one (1) map incorporated therein and titled "First Year Projects/
Amendment No. 1, September ~-, 1975", which Amendment was z•eviewed at
this meeting.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WEST N~MPHIS, ARKANSAS:
1. That Amendment No. 1, dated September ~-, 1975 as identi-
fied above be and hereby is approved in all respects as
an official revision in the City's Community Development
Plan, dated February ~-, 1975 and previously approved. by
.the City Council by Resolution No. 515 on February l8, 19?5.
2. That the effect of Amendment No. l is to add to the
First Year Program the acquisition and development of
a city-wide pay.°k located adjacent to Kuhn Road and to
develop said park in phases with funds made available
through the Community Development Program; to increase
the amount of funds previously allocated to Jackson
Avenue street improvements from $305,000 to $390,000;
to delete construction of the Fire Station at lath 8c
Jackson from the Community Development Program; and to
allocate $2,800 of the contingency account to the
park project,
3. That the Mayor be and hereby is authorized to submit
Amendment No. 1 and this resolution, assurances and
other application forms and papers, as appropriate, to
the Department cf Housing and Urban Development in order
to effectuate this revision.
~-. That 'eased on its evaluation of family income data, the
City Council hereby determines that the Community
Development Program Amendment approved by this resolution
and authorized herein gives maximum feasible priority to
activities which will benefit low or moderate income
families or aid in the prevention or elimination of
slums and blight.
5. That in light of the Environmental Impact Assessment I,~ade
of the proposed park project, the City Cov~.cil hereby
finds and determines with regard to the project that tre
request for release of funds for it is not an action which
may significantly affect the quality of h man environrlent;
that the Mayor is hereby authorized as of the date of tr~iis
resolution to prepare the required Notice of Finding of
No Significant Effect; and upon the expiration of the
specified period for receipt. of comments, the Mayor may
file with the Department of Housing and Urban Development
the Request for Release of Funds for the project.
6. That all other findings and determinations r_ egaY•ding the
Community Development Program contained in Resolution No. 515,
adopted on February 18, 1975, are hereby reaffirmed and
2nade applicable to this resolution as if same were repeated
herein in their entirety.
7. That this resolution shall take effect immediately after
its passage and approval.
• 7~C717C7C7 `~
Mayor Ferguson brought to the Councilts attention a rezoning ordinance had been
received after the Agenda was prepared. ..Alderman. Bentley, seconded by
Alderman King, moved that~the ru3.e be waived and the ordinance presented for
consideration. Upon roll call vote,. the voting was as follows: .
Aye: Aldermen:~ Harris, .Hightower, Holt, Horton, King, Bentley, and Dickerson.
Nay:. None .
City Attorney Smith read the ordinance entitled: 11An Ordinance To~Rezone The .
East 17~ Feet Of The North 1751.1 Feet Of .The S'L~ Of Section 11, Township 6
North, Range 8 East, Being Also Known As Third Addition To Richland Subdi'visiont~.
~- .
The Planning Commission having recommended the rezoning, Alderman Horton, seconded
by Alderman King, moved the first reading of the ordinance be approved. Upon roll
call vote, the voting was as follows:
Aye: Aldermen: Harris, Hightower, Holt, Horton, King, Bentley, and Dickerson.
Nay: None. .
115
Mrs. Sarah Smith, Deputy City Clerk, inquiried as to reordering stickers for
truck privilege license. The matter was referred to the Budget Committee.
Mr. Jay Woods, Director of Community Development Program, distributed copies
,of report and elaborated on plans for monthly report on Community Block Funds.
Also, advised had received $99,869.61 since January 2, 1975, disbursed
$99,715.81, balance $153.80. .
Alderman King, Chairman of the Shop Committee, requested permission to purchase
an air compressor due to an emergency situation. After consideration,
Alderman King, seconded by Alderman Bentley, moved that-waive the rule for bids
to purchase an air compressor, and the Shop Committee granted permission to take
bids and purchase sn air compressor. Upon vote, the voting was as follows:
Aye: Aldermen: Harris, Hightower, Holt, Horton, King, Bentley, Dickerson.
Nay: None.
Alderman King requested the City Attorney prepare an ordinance for consideration
that would assess 50¢ charge on each electric bill each month for funds for the
mosquito control program.
Building Inspector Avery informed the Council Mr. Smith had requested permission
for extension of six months for trailer on Mr. McLaints property on Garrison,
his father-in-law, due to health reasons. After consideration, Alderman Horton,
seconded by Alderman King, moved that grant six month extension for trailer on
Roy L. McLain, 250 Garrison Ave. property. Upon vote, the voting was as follows:
Aye: Aldermen: Harris, Hightower, Holt, Horton, King, Bentley, Dickerson.
Nay: None.
Alderman Bentley inquired as to limit on requirement for bids on a City purchase,
and was advised by the City Attorney the $1,000.00 provision is in effect.
Mayor Ferguson announced the September 18, 1975 Council Meeting would be held at
the new City Hall moving will be September 8th and 9th and calls will be received
by the Police Department until the new phone system is in operation.
There being no further business, the meeting adjourned.
ATTE CITY CLERK
~M/L~ ~ v iLJ ~
~~ MAYOR
APPROVED: S1~PTEMBER 18, 1975