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October 2, 1975123 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF WEST MEMPHIS, ARKArTSAS, HAD AND HELD ON OCTOBER 2, 1975• The City Council of the City of West Memphis, Arkansas met in regular session at the Council Chamber, City Hall in West Memphis, Arkansas, at 1:30 o~clock p.m., on the 2nd day of October, 1975• The following were present: Mayor Joyce Ferguson, City Attorney R. L. Smith; and Aldermen J. ~. Hightower, A. 0. Holt, Pritchard Horton, J. C. King, R. T. Bentley, R. S. Cosgrove, Thomas Dickerson, D. M. Grimsley, and W. L. Harris. Absent: Alderman Tilden Rodgers. blderman Bentley offered prayer. It being determined a quorum was present, the following proceedings were had to-wit Minutes of Council Meeting on September 18, 1975, included in the packet were approved. Alderman Bentley, Chairman of the City Hall Building Committee, reported on floor buffing, flags, small office items, and door lettering. Also, research for costs of toll gates for. the City Parking Lot estimate would be approximately $1~, 000.00 each for five gates plus installation cost, the life of equipment five to ten years, daily use of all spaces available. The recommendation of the Committee that the toll gates would be too expensive to go into was presented by the Chairman. After consideration of the recommendation, feasibility, City providing free parking for commercial ventures, hospital parking, and direction to the Committee, Alderman Cosgrove, seconded by Alderman King, moved that kill the gate issue. Upon vote, the voting was as follows: bye: Aldermen: Hightower, Holt, Horton, King, Bentley, Cosgrove, Dick®rson, Grimsley, and Harris. Nay: None. Thereupon, Alderman Cosgrove, seconded by Alderman Holt, moved that the matter be referred back to the Committee for revenue for the City Parking Lot. Upon vote, the voting was as follows: byre: Aldermen: Hightower, Holt, Horton, King, Bentley, Cosgrove, Dickerson, Grimsley, and Harris. Nay: None. Upon request of the departmert~aheads in the departt~ent head wing of the Gity Hall that carpet be installed, the Building Committee recommended extension of the contract to carpet the area using the same brand. Alderman Bentley, seconded by Alderman Dickerson, moved that extend the contract with Taylor & Sons to include carpet for the remaia~r of the offices in the City Hall -Service Department. Noise level, working conditions, maintenance, installation cost of $3,285.00, cost for moving f~irniture, Bands available, landscaping, donations, and the Bicentennial Project were discussed. Upon the question on the adoption of the motion, the roll being called, the following voted: Aye: Aldermen: Hightower, Holt, Horton, Bentley, Cosgrove, Dickerson, Grimsley, and Harris. Nay: Aldermen: King. Alderman King requested figures on upkeep of City Hall after carpet installed be reported. Alderman Bentley reported the Committee is working on housekeeping arrangements, and obtaining nsafety-crash bars" for the back and side doors. Alderman Bentley, seconded by Alderman Cosgrove, moved that approve the expense for the PA and recording system for the Council Chamber. Upon vote, the voting was as follows: bye; Aldermen; Hightower, Holt, Horton, King, Bentley, Cosgrove, Dick®rson, Grimsley, and Harris. Nay: None . 124 Alderman Bentley reported tote Building Committee is working with the Utility Department on placing lines underground at~the.City Complex, obtaining information. on landscaping, and workl.ng with the Bicentenru.al Committee on prafa. Alderman Cosgrove, .Chairman. of the Steering Comrni.ttee on the Race Track Funds, reported the Sub-Committee is working on an agreement, but nothing definite to report. J Alderman King, Chairman of the Shop ~ Comzn3.ttee, reported request to sell 1957 Chevrolet ~?i.ck-up not operable, and moved, seconded by Alderman Holt that send 1957 Chevrolet Pick-up to the Midsouth Salvage Pool to be sold at auction. Upon vote, the voting was as follows: Aye: Aldermen: Hightower, Holt, Horton, Ring, Bentley, Cosgrove, Dickerson, Grimsley, and Harris. Nay: None . Alderman King reported the following. bids had been received for an air compressor: Mills-Morris $ 999.10 Standard Parts 1,250.04 Hotsy 1, 335 • CEO. Thereupon, Alderman King, seconded by Alderman Cosgrove, moved that accept bid from Mills-Morris $999.10 for air compressor. Upon vote,. the voting was as follows: Aye: Aldermen: Hightower, Holt, Horton, King, Bentley, Cosgrove, Dickerson, Grimsley, and Harris. Nay: None. Alderman King, seconded by Alderman Cosgrove, moved that waive the bid for purchase of a Sun Machine analyser cost approximately x;3,340.50• Upon vote, the voting was as follows: Aye: Aldermen: Hightower, Holt, Horton,- King, Bentley, Cosgrove, Dickerson, Grimsley, and Harris. Nay: None . After discussion of investigation as to companies having an identical machine, Alderman King, seconded by Alderman Cosgrove, moved that the Shop Committee be permitted to purchase the machine, and check if any other dealers have this specific item before purchase. Upon roll call vote, the voting was. as follows: Aye: Aldermen: Hightower, Holt, Horton, King, Bentley, Cosgrove, Dickerson, Grimsley, and Harris. Nay: None . Alderman King, Chairman of the~Fire Commission, brought to the Councilts attention prosecution of people running over fire hose, and was informed by the City Attorney have adequate laws. Request of the Lions Club to paint fireplugs red, w3oite, and blue was presented. After consideration, Alderman King, seconded by Alderman Cosgrove, moved that the Lions Club be permitted to paint fireplugs red, white, and blue. Upon vote, the voting was as follows: Aye: Aldermen: Hightower, Holt, Horton, ,King, Bentley, ~osgrove, Dickerson, Grimsley, and Harris. Nay: None . P. G. Para requested that the painting be done under supervision of the Fire Department as the Utility Department has .duty of maintaining the fireplugs. Alderman King announced the Headstart Program commenced program last week. Alderman Dickerson reported the Budget Com:nj.ttee had meet with the City Hall Building Committee. 125 Recommendation of the Utility Committee for establishment of a meter department ' was presented by Alderman Bentley, who .moved, seconded by Alderman Horton :that a meter department be established within the Utility Department. After discussion of selection of a department head, civil service ~quirements, lateral transfer, fob description, salary the roll call vote was as follows: Aye: Aldermen: Horton, King, Bentley, Cosgrove, Dickerson, and Grimsley. Nay: Aldermen: Hightower, Holt, and Harris. The motion carried. ~, Alderman King brought to the Councihs attention hiring of a private auditing firm for a thorough audit of the Utility Department. P. G. Para, Manager of the Utility Department, elaborated on contact made with the firm of Van Scoyoc & Wiskup, Inc. and cost would be approximately $10,000.00. The matter was held in abeyance until Utility Committee meeting. Announcement was made reports of the Police Department investigation of the matter had been turned over to the Deputy Prosecuting Attorney. City Attorney Smith requested copy of reports on investigation be sent to him as legal adviser to the Mayor. Utility Committee recommendation that Bond Engineering be designated as Engineer of record for the infiltration inflow study project was presented by Alderman Bentley. Alderman Bentley, seconded by Alderman Grimsley moved that Bond Engineering be designated as Engineer of record for the infiltration inflow study project. During discussion Alderman King, seconded by Alderman Cosgrove, moved that the motion be amended by adding -upon approval. of the City Attorney the Mayor may be authorized to sign the contract. vote on the amendment was as follows: Aye: Aldermen: Hightower, Hod, Horton, King, Bentley, Cosgrove, Dickerson, Grimsley, and Harris. Nay: None . The question was put by the Mayor on the adoption of the motion as amended, and the roll being called, the following voted: Aye: Aldermen: Hightower, Holt, Horton, King, Bentley, Cosgrove, Dickerson, Grimsley, and Harris. Nay: - None City Attorney Smith read the following letter: The Honorable Joyce Ferguson Mayor, The City of West Memphis City Hall West Memphis, AR ?2341. Re: City of West Memphis, Arkansas Industrial Development Revenue Bonds - Arkansas Lightweight Aggregate Project Dear Mayor Ferguson: I am recdmending that-the City approve the request for an amendment to the lease in connection with the bond issue referred to above, which amendment permits the company to submit to the City an audited statement of General 'Shale-Products Corporation instead of an audited statement of Arkansas Lightweight_Aggregate Company. While no change is needed in the amendment as submitted, we will have a letter from General Shale agreeing to provide the City annually with unaudited statements on Arkansas Lightweight Aggregate. In reviewing this matter with your staff, we determined further that by letter agreement dated May 7, 1974, the City is to receive $x.,000 each year beginning October 1, 1975 and continuing for the original term and any renewal terms of the lease agreement. Under separate letter agreements, the West Memphis School District is to receive $4,000 and the County $2,500. A follow-up system has been established in your office to assure receipt of this money annually. Sincerely, /S/ MORRIS H. FAIR President UMIC, Inc. 126 Mr. Roy Mead, Vice President of General Shale Corp. and Mr. Hugh Young, President of Lightweight Aggregate Corp. presented a check for x,000.00 to the City in accordance with Agreement. The Mayor stated that consideration should be given to a,n ordinance authorizing amendment to lease and agreement. This was a matter with which the Council was familiar and after a discussion, an ordinance gntitled: An Ordinance Authorizing Amendment To Lease And Agreement (In The Form And With The Contents Set Forth In The Ordinance); Prescribing Other,Matters Relating Thereto; And Declaring An Emergency., was introduced and the City Attorney read the ordinance in full. Alderman Bentley, seconded by Alderman Dickerson, moved that the rule requiring the reading of an ordinance or resolution in Bill 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 rollbeing called, the following voted Aye: Aldermen: Hightower, Holt, Horton, King, Bentley, Cosgrove, Dickerson, Grimsley, and Harris, and the following voted Nary: 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 by the City Attorney. Alderman King, seconded by Alderman Cosgrove, 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 follo~ring voted Aye: Aldermen: Hightower, Holt, Horton, King, Bentley, Cosgrove, Dickerson, Grimsley, and Harris, and the following voted 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 by the City Attorney• Alderman 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: Hightower, Holt, Horton, King, Bentley, Cosgrove, Dickerson, Grimsley, and Harris, and the following voted Nay: None. Alderman Grimsley, seconded by Alderman Hightower, moved that Section 5, the emergency clause, be adopted, and on roll call the following voted Aye: Aldermen: Hightower, Holt, Horton, King, Bentley, Cosgrove, Dickerson, Grimsley, and Harris, and the following voted 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. 8i~7, and read as follows: 12'7 ORDINANCE NO . 8~7 AN ORDIIVTANCE AUTHORIZING AMENDI`~ZENT Tc~? ~..r~~~''~; 1~;~?-~ AGREEMENT SIN THE I'OR~~I AND VViTH TI-~T C~CIi~~~"~F.~~~~':~'~:~ ~~E' FORTH IN THE ORDINANCE); PRESCRIBING OTT~??~F ~~'i?1T~1.'~;T~`.a RELATING THERETO; ATvTD DECLARING AN EMERC`a 1;~`~(.~Y . BE IT ORDAINED by the City Council of the Cli:y cif: t'~~E~st ]~-lr:~rl~~~.f?-.f.; Arkansas tthe "City"j Section 1 . That the Mayor and City Clerk b` , ~~~ ~ ~"~t:'•Y ~~i~E: l~t ; ~: `=r~:~ authorizes and directed for and ors be~~alf of the City ~.~.~ ~ .::-::T.~!.~. , ~~c.:~,.t;~::,t~wi3tdge and deliver an Amendment to that Lease and Agreern.ra~7t , r1f}t.{,°ci <..~ o;~ ?1~'«rc I~ l , 1975, by and between the City and Arkansas Li.ght~rE=~zc~~at .~c:~: ~~ +~t~~c~ i ~;-;:~~:;,- . anon, in substantially the form and v~.rith substar~ti<iiy i 4":- ~ ~~ ": ~::~~1tx 1~~:; . >st- after set forth, which form of Amendment to Lea:~e ~~z~~:.' r',~.~t.t,~ ~,:s y~l: ~~ )f~.r-+1:1~. made a part hereof: 128 AMENDMENT TO LEASE AND AGREEMEi~`a This AMENDMENT TC) LEASE AND AGRE'EMf;~~~' ~i,a~-.icy ~:~ s r~~ ~~~.s4 s first day of March, 1975, by and ~aetween the CITY Ol, ~"VI~S~r IVILM~~~-il`:~, ARKANSAS (the "Lessor") and ARKANSAS LIGHTWEIGI-iT AC.:aCYI1I~~~t'~TE C~;C_~~~~C~~~~~~~~ ATIOI~I, a corporation organized under and existing by virf ~.tf~~ cif 1:11r~1 lr~~.~ ~~ ~;}~ t ~Te State of Arkansas {the "Lessee"}; WITNESSET.H: WHEREAS, Lessor and Lessee entered into ~~ 1.,~~~ (,c~: ~~a1;? ~? ~r~ r ~...:{ ~_` ; dated March 1, 1975 , and appearl.ng of record in the c-f f'~.c ~y r ~~ ;e C; i F ~.;,. Clerk and Ex Officio Recorder of Crittenden County, Ar~,~~~~:~'r::, Est: lt~-~ ~~~ ~ ~~~~-3ok ' 503, Page 429 {the "original Lease Agreem~~~lt"); ar~cl WHEREAS, the original Lease Agreement ~~ac~~ c,,+~~=k_~~:s ~-~r.t~ i.; ;~-:?{~ar.:c~ta.on } with and as security for the City's Industrial Dc-~vf~~lapi'r3e.:T11.: ~~f:~,rt:~z~uc .~~:a-~ur~~ -~ Arkansas Lightweight .Aggregate rroje~:.,t, Series A, c3~~t-F-~c~ i~~"-~T;.~~ 1 , `: ~'`} ;,~E--e "bonds "); WHEREAS, ail obligations o~ t:~e~i~e.`a5f:C i.ilsc.a(:'i i })r.' f' ~r:'llili~i ~-~:.`:i` Agreement are unconditionally guarantee=d by GenF~r~~l ~>f;<<=1; ~' :~~'z,c:ts ~,c..:~..>i<3- Lion , a Delaware corporation; WHEREAS, it is r~eress~~r~ tea ~~^`:c~~r~d the original ~:.<:-j~~. 1~~~rf~~~1;~t.1,~ to change the financial reporting rEC;uirement~ of tr,€; I.c`s:a:~ c., :°.~} '~ ,:;~ ~~:~~„~:;-~t will not affect the. substanta.ve rights of the City or of th~r~~::}.,r,i ~.~ of t~.~~t:: a~:~nds. NOW,. THEREf'ORE, for valuable consideration, reef apt of wi~iicla is hereby acknowledged by all .parties hereto, and in consideration of the mutual benefits and covenants of the parties under the original Lease Agreement and under this Amendment To Lease and Agreement, Lessor and I:.essee agree as follows: 129 Section 101. Section 2308 of the original Lease Agreement is amended to read a s follows: "Section 2308. Lessee sha~.l furnish to Lessor :~,w,=:.' ~ i:} t:~,<_~ Tr~~'.`;~:fr~' within 120 days after the end of the preceding fiscal y~~t~.r , 4:: }.:?r_3 lr~ncE~ ~:;lxfjt:~t of General Shale as at the end of such fiscal year and the, rE~~auF-~c; .~tc~tf1rt~F-ri~..~~ ~>f income and surplus for such fiscal year, all in reasor:~~l?!~-: c3 f:;t~:~.I arrc:l ~.~c~r:;cs,r~-- panied by a report or certificate of an independent certil~ed ~~~I~sli~; ac~c.•c>u?~~.<.~r~t, who may be the accountant regularly employed by Ge!,F:}~,1 ~;,., ,;. , , ~' Section 102. As amended hereby, the o~-ig~~~~:~I l.:t ~:~-? ~`S-~:: E~?~:~~+r-~-.t: t:-~ hereby ratified, confirmed and continued. IN WITNESS WHEREOF, the parties here~i:~; h<=:~,_~ t, <ru,~~ii t:}~~, -~~•~=,«r;jrnent to Lease and Agreement to be signed in several. cc;.:..:~ :~ {,,,, '•. :~ , ~ ~ ~~ r~~~ c~ ~~~ ~ ~ ~ `~~ may be considered an original without the pr~esenta~ica~•~ cif ; ::- ¢ `:~~ ~ ~~y ; tt~:`~r c?t~Iy authorized officials and officers as of the day and ylr~.;r t'x:::at -.t~+_>~rE> wi:~*~'~. CITY OF W~::~;~' ",i?:'r ,~~~t?`~, I~R~"rt'`~~`~3;-; ATTEST. i /~ -'~ ~. r . ,,,c,. ~.-. ~ --- City Clerk ,~..b„4 r~,°^ i r ~g ~,,. (SEAL} r Y ATTEST: By (Title} (Title} (SEAL} 130 TRUSTEE'S CONSENT TO EXECUTION OF AMENDMENT TO LEASE AND AGREEME.Iv~.~' The execution and delivery of this Amendnlenr `1,r~ Lf~~<~;;E.=. ~ir,~ A°_.-~~~:~rien~ is hereby consented to and a~prcved key the unders~gne:d ~~;~ '1,s-la ~t.ee ur~~~~~{~ i:iie Trust Indenture by and between the undersigned and th~~ C:~;t- c>f~ We>.~i. ~~,;~~t~~~~:~;las, Arkansas, dated March 1, 1975, securing Industrial. l:?GY~t~'c~~{~~r~Ef~~~ RFe.r€~n~~~:~ ~~cnds identified in the Trust Indenture . FIRST SEGUi~ITx' I,~,~,~I'; Searcy, Arka~z:~~;.;, `i`r~cr,;~.f°c ATTEST: I3y ('~'zt 3 __ _~.. (Tit I e) {SEAL) 131 GUAKANTC)R' S CC~`~ S1:1V7T TG DLECUTIC?N OF AMENDl~JIENT Tt~ LEASE AND AGREEMENT The. execution and delivery of this Amendment to L~~~~;~f: ~-~~~-~-i ~=c;~~ ~=~~t==~~-t is hereby consented to and approved by Gene.al Shale Prod«r.:t~~ t,:~:,tY,,;~:~iii~t~, Guarantor of the obligations of the Lessee under the Lease t~ r~ci ~` C"~'r`E t:=, ixE= ~'~t ti ~f- t wE~en the City of West Memphis, Arkansas, and Ar~:ansas Light~lte~l~~;.. ~'',ccarec,+A:,t~' Corporation, dated March 1, 1975. GENEl~AL ~` , .%~E 1'RC:} a~:; ; .'~': ~~~,C?PFQ}~A TIQN ATTEST: BY _._._.____ ..___. _ . _. _ _... ~,_.__...__. (Title) (SEAL) 132 AGKI~F C~'~rT.~EDG MEiVT STATE ©F ARKANSAS ~ X COUNTY OF CRITTENDEN X -: r r::~ On this day of _ 1 ~~ 7 ~, , .. f.. ~ r ~ ~ti~ y Notary Public duly commissioned , qualified and acting , v~Tith ± ~~~~ a ~ ~.~ ,r ~ .r ~; Z-tit.;° County. and State aforesaid, appeared in perscn the within r~~~~_~;-: ;.~ : ~ ~, f ~~- l'e:~rc~uUt~rz and Charles DeGraff, Mayor and C~aty Clerk, respectively, .~::~t #t~ t::;?t~r cif ~rr~~~;t Memphis, Arkansas , a municipality :~f file 5tat~: of Arkan s~-~ ~ . ~ , , ~,,~; ',~.,~.sc:~n~_; ily known, wl~o stated that they were duly authorized iri their _~ ;~ ~ ~~ ~~ {~ r~~~ paciia.es to execute the foregoing i~~.strument xc;r and in the name o.f~ t'~:~_~ ~~~~i.~~~~~ ~~y~:l~~ty, and further stated ar~d acknowledged that they had sicrry ed , e.x~ f ~ :_ ' .~ r_~ s:,, i c ~ t ' ~ °_ ~ ~ , c:~ the foregoing instrurrient for the cr~r~ s~deration, tz;:e~s and ~~,, . ~~ ;,: ~ ` ~ ~ ~- c:in mentioned and set forth. IN TESTIMONY WI3I~REC~f', i leave hereunto sett n~~~ .~: -~~:~~~ ~~~~~? official seal. this day of .~_ ._~. ,...-_--._ I~75. Notary lit:: My Commission expires : 133 AC KN O'~''JLEDG IVIEIVT ~ ~ STATE OF ARKANSAS X COUNTY OF X 1., ~ ._, ~ r. . . On this day of ~, ,~ .; ,=~, ~ ~r~cy . ~. ;. ~..~, Notary Public duly commissioned , qualified and acting w {~ ~,~.=~ ~~ f~~_~A. . the County and State aforesaid , a p~eared in ~~er~aon the w~ ii ~: ~.,~ ~~ r ;:~ A,~z~ ;1 ~~nd . ,, d _. „.. respectively , of Arkansas Li.ghtweic~t Aggregate' Corpor<:;t.~ ~? . ~:~~- j`~.r,an~.as corporation, authorized to do bu.sir~c±ss in the State of ~',~ . :.: ~ ~~ ~~! r~~c personally known, who stated that: they were duly autt-~~:.: ~:ti:::~-s ~F~ t •f. ,~ respective capacities to execute t,~~E, foregoing instrumc:la~;. s,, ~ ~~~'~ i.tl the name -and behalf of the carporation, and furtllF~r statc~ci =~~ ~'. < ~.~~`r.=~~.>wledged that they had so signed, e?XecUtC'f~' r: xd delivered the fc.c ~ :~ ~~r:=..s ~t7strument for the consideration, uses ailc~ E-.~ _;sE~ ~ thc}re~iri ment i~:~~;, • .' . ~ ~~ ~ tsF,t forth. IN TESTIMONY VITIIFF~I:;C:~f, ~ jzav~:~ lrc~rE~unto scat: ;;, ~ ;.: ~ :<r~d official seal this -- -day of ______. T._ 1 ~ 7:> . _.._._.~._,_~.________.__ r Notary r',. 1VIy Commission expires ; 134 ACKi~;C~ tit i~EDG MENT STATE OF ARKANSAS X C OUNT~ OF X On this day of ~ 197 r, ~ ~~~, ~~ ~~ ~ ~:~-, ; r~ Notary Public duly commissioned, ciualified and acting, ~f.i,~,:~r; ,-~~~~:: f~:~r the County and State aforesaid , appeared in person the ~l'k=:t E: ~~t~'; !: °~ ~. ~}~~~-,:i _._..._..... and - - --,-. ______..~......__._.e_.. ~ _ . ......... _._.~_.._._.~__.w._ _._..__... ~~ n d .~.._..r.._.._._._ ._.... _. _ .... _......~.. _ ._...._._.__... r respectively, of First Security. Barb., Searcy, Arkansa s, ~ ~;:r. ~~.::~ ::~:~ally known, who stated that `hey were c:uly authvri~ed in t~~~~-, ~ r t.:°-~,k.,- ~ s ,; e~ capacities to execute the foregoing instrurr:ent for and 1s~ := ~,~.r {.,f ,;,, .behalf of the Bank , and further stated and acknowlef~g f: c ~ } ~ ~~ ~ ~~ r- ~~>,~ ~~aci so sinned, executed and delivered t;hca foregoing ir~strurrlF~~~~~ :~ ° ~ 4~<~ ronsiderat:ion, uses and purposes therein rr~entic~r~rs~ and. seat ford:}i. IN TESTIMONv -W~~FRI~C?F, ~ Dave he-:rE:unto sc~~ ~r~~~ rl ;: ~~r~d offacal .seal this ~ day of _ _~_.~.._ _ _._ _._._ __~~_. ~ ~- 9 7 5 . My Commission expires: Notary I~G}' ~: r.~ T ~~.. .. I i _. r, 135 AC KNO ~ ~"LEDG MENT ~; , STATE OF ARKANSAS X r X COUNTY OF ~ On this day of 1975 , i:~E:=~{ ~~~ 4 a ~~.~-~ , ~3 Notary Public duly commissioned., qualified and acting ~•_.~.~~~:~.~, {-~~_: 3~,.r the County and State aforesaid, ap~;eared in person i:hE~ v;=~}.~ ~~~~~ +~~~rnF~c: r=: ~ d ____. _...._ . _ .. . _._ ._...._.____._~.._ ... f ~_', i ~ d , respectively of General Shah 1}ruducts Cor~-~orai`~n, a r~~a-r~4~ti;_.' ~ =:-r=~~~~-r~ation, a uth.orized to do business in t~~e Sty, ~~~ of Ar~c.a nsa s , to me ~~_ :.. ~} ~<: - ~ ~.° }; rlc~~n~r~ , who stated that they were duly authorizc,d in their r-~~spective i:~~,~ -~ i;~~:~~~ ~,~ } y~ ;~;~~t~ the foregoing instrument for and in the ~~~i me and bch~:~ if of thc~. c: ; .F ~ :~ . ~~- , and further stated and acknowledged that i:l~ey had so si.gne:~d, ~~.~ k-~ ;~c~~tii z~nd delivered the foregoing instrument for the cc~n~~~ic~eration, us'~~1.~ and ~_~'~ ~~~ ~-~~:i `--~Grein mentioned and set forth . IN TESTIMONY ~IIjHFRI~;~:?1 .~, 4,E, hereur~~tc:~ sE:t m~ =Y-.; : t =official seal this day of ~ _n_ ._. _.__, 1.9 7 `} . IVTotary i7~.:: My Commission expires; Section 2. That the IV;ayrr and City Clerk be, and t~~=~~.~ ~~~F !~S~~re~~y, authorized and directed for and on behalf of the City to do a 1 ~ { ~ ~ ~~ ~. ~.; P # < ~: all action and execute all documents necessary to carry out # 1:k_ ~~ `~a r ~>:~ ~~:~. m~ , enforce the rights and discharge t~~~e obligations of t~~e City ~;~:yt i r ~- ~ t- #~ ~ this Ordinance and in the Amendment To Lease and Agrzemer~~t ~ ~.#.:t,..,,~-# ~•~:c~ hereby . Section 3. That the provisio~xs of this C.~rdinance r:+.~F: ~~f-~ f-; r c.~~~~~:.i:~r~~~d to be severaale, and if any sect9.ori , phrase or provision c~l-sc~ -~R ''E:<<~ <-.aril' rE~~.:.c~n be declared to be invalid, such d~.~c`~.~ration :.;hall not affe<::! ! ~;;: :{~ii:i:.~fy of the remainder of the sections , phra :~~> s or provi s3.on s . Section 4. That a.li ordinar~c:es, resolutioz~is anc.~ ~~~++x ;-? t~~~~:~ _. ~t #,~ conflict herez.~Tith are hereby repealed to the r~xrei:t of sup`:; << ~ ~ r'~t Section 5. Tt is hereby fourscl that the ~.c,tian ~3ut'r, ~ ,r :.., ' ~.is Ordinance is immediately rYCCessar r #:o completE: ~~nd nip}}~:.~ ~ .~~~~ i i+: iinaracryng of an industrial project which vrili ~cd~~~ employmr:nt and p<:s,,5.,~ 41~~.~,ential tv the public health and welfare. It t4-. ~.herE~fore, declared ,i:: ;:~ ~°~:~ergency exists and this Ordinance shall l:~~-: nrce avid t,~~ke effczc°~ .E - :° .'<i~I'~ upon and after its passage. An ordinance entitled -+An Ordinance To Rezone The fast 175 Feet Of The North 1751.x. Feet Of The Sid Of. Section 11, Township 6 North, Range 8 fast, Being Also Known As Third Addition To Richland Subdivisionf~ read on September ltth and 18th was read the third time by City Attorney Smith. Alderman Bentley, seconded by Alderman King, moved that the ordinance be adopted. Th~elquestion was put by the Mayor on the adoption of the motion and the roll being,. ed, the following voted: ~Ye: Aldermen; Hightower, Holt, Horton, King, Bentley, Cosgrover, Dickerson, Grimsley, and Harris. Nay; None. ~ - The Mayor thereupon declared tfie ordinance ado ted and si P gned the ordinance, which was attested by the City Clerk and impressed with the seal of the City. The ordinance was given No. 8l~~8. The ordinance read as follows; 13'7 oRDINANCE No . 8l~8 AN ORDINANCE TO REZONE THE EAST 175 FEET OF THE NORTH 1751.l~ FZ:ET OF THE ST~ OF SECTION 11, TOWNSHIP 6 NORTH, RANGE 8 EAST, BEING ALSO KNOWN AS THIRD ADDITION TO RICfII.A,ND SUBDIVISION 1~iEREAS, application was made to the City Planning Commission to rezone the hereinafter described property and after notice having been published for the time and in the manner as provided by Ordinance No. 715 the matter was ~teard by the City Planning Commission and no persons appearing to protest the same the Planning Commission recommended that said application be granteds NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION ~: That the following described property, to wit: The ~;ast 175 Feet of the North 1751.? feet of the S1a$~ of Section 11, Township 6 North, Range 8 ~;ast, being also known as Third Addition to Richland Subdivision, lying along west side of Clement Road and south of Barton Avenue, be and the same is hereby rezoned RS-10 Single Family Residence District. SECTION II: That all ordinances or~parts of ordinances in conflict herewith are hereby repealed. 3~~~ Alderman Hightower brought to the Councils attention a group of mothers from Wonder Elementary School were present. A Mrs.. Moore presented the following petition: AMENDMENT TO 1971 PETITION: Jane 3, 1971 Date: Oct. 2, 1975 NOW TO WHOM IT SHALL CONCERN, LET ALL COME GREETINGS West Memphis Urban Renewal Commission, Street Committee, and City Council We, the undersigned do by our signatures convey our support as indicated by the West Memphis Council of Organizations, that we do infect request, CONCRETE STREETS, CURBS, GUTTERS, AND SIDE WALKS, on the streets from Broadway south to the end of said streets; (17th, 16th, and 15th) respectively, which leads to the schools. We, therefore, request that this matter be given immediate consideration and do petition the above Commission, Committee, and City Council of West Memphis, Arkansas. We, the undersign spicifically support the completion of 17th street as indicated above which leads from Broadway south to the schools. NAME -SIGNATURE: ADDRESS: (35o Signatures and Addresses.) Mayor Ferguson advised Mrs. Moore the Petition would be referred to the Street Coammi.ttee . City Attorney Smith read resolution officially designating the West Memphis-Marion Area Transportation Plan as the West Memphis Master Street Plan. Alderman Holt, seconded by Alderman Grimsley, moved that the resolution as read be adopted. Upon roll call vote, .the voting was as follows: ~: Aldermen: Hightower, Holt, Horton, King, Bentley, Cosgrove, Dickerson, Grimsley, and Harris. Nay: None . The resolution read as follows: 138 RESOLUTION No . 5~5 ..~.. WHEREAS, the West Memphis City Council, following a public hearing and subsequent recommendation from the West Memphis Plann3.ng Cc~n3.ssion, adopted on October 18, 1973, the West Memphis-Marion Area Transportation Plan as its Transportation Plan for the City of West Memphis and its environs; and WHEREAS, it was at that time and is now the desire of the City Council that the West Memphis~iarion Area Transportation Plan and related cross-sections and descriptions serve as the West Memphis Master Street Plan; NOW, THEREFORE, BE IT RESOLVED THAT: The West Memphis-Marion Area Transportation Plan as adopted by Resolution No. l~76 on October 18, 19fi3, with related cross-sections and descriptions is hereby officially designated and adopted as the West Memphis Master Street Plan. ~-~ A resolution approving Section 3 Compl.ia,nce Plan and Affirmative Action Plans was read by City Attorney Smith. Alderman King, seconded by .Alderman Dickerson, moved that the resolution be adopted. Upon vote, the voting was as follows: Aye: Aldermen: Hightower, Holt, Horton, King, Bentley, Cosgrove, Dickerson, Grimsley, and Harris. Nay: None. The resolution read as follows: ~ESO__L_ITP_IQN N0. 5~6 RESOLUTION APPROVING SECTION 3 COMPLIANCE+PLAN-AND AFFIRMATIVE ACTION PLANS. WHEREAS, the City of W®st Memphis is undertaking projects and activities with Federal financial. assistance available through the Community Development Progra~ under the provisions of Title I of the Housing and Community Development Act of 197.; and WHi~,REAS the City Council of the City of West Memphis is cognizant of the responsibilities of the City for taking steps to expand employment opportunities for low- and moderate-income residents of the City of West Memphis and for creating and maintaining a climate of equal employment opportunity; and WFS the City has prepared three plans designed to support these employment responsibilities, namely a Section 3 Compl~~.nce Plan, dated August 1, 1975; an Affirmative Action Plan for Contractors and Businesses, dated August 1, 1975; and an Affirrn~ative Action Plan forEqual Employment, dated August 1, 1975; and WHEREAS each of the three pans are considered at this meeting and found acceptable for the intended purposes. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: 1. That the Section 3 Compliance Plan, the Affirmative Action Plan for Businesses and Contractors, and the Affirmative Action Plan for Equal Employment as identified above be and hereby are approved as reflections of the City's commitment to the expansion of employment opportunities for low- and moderate- income residents of the City and the development and maintenance of equal employment opportunities through the Community Development Program. 2. That the three plans shall remain valid for the life of the Community Development Program, and it is recognized that they may be amended from time to time, and each Amendment shall be the subject of separate City Council approval.., 3. That the City Clerk be and hereby is directed to file one copy of each of the three plans with .this resolution in the office journal of the actions of the City Council. !~. That this resolution shall take effect immediately. ~~ 139 A resolution approving citizen participation plan was read by the City Attorney. Alderman King, seconded by Alderman Grimsley, moved that adopt the resolution. Kay Woods discussed the resolution with the Council. Upon roll call vote, the voting was as follows: dye; Aldermen: Hightower, Holt, Horton, King, Bentley, Cosgrove, Dickerson, Grimsley, and Harris. Nay: None . The resolution read as follows: RESOLUTION N0. 517 RESOLUTION APPROVING CITIZEN PARTICIPATION PLA1~T W~R~REAS, the City of West Memphis is undertaking a Community Development Program with Federal financial aid available under the provisions of Title I of the Housing and Community Development Act of 197l~; and WHEREAS active citizen participation and decisions affecting the Community Development Program is recognized as an essential element; and WHEREAS the City has prepared a plan for the involvement of citizens of the community in the selection of projects and activities to be included in the Second Year Application as well as in any reallocations along First Year Projects, which is identified as a printed document titled t+Citizen Participation Plan», dated August 1, 1975, a copy of which is attached hereto; and _ WHEREAS the City Council has reviewed the Plan as identified above and determined that it is acceptable for the intended purpose. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MF~PHIS, ARKANSAS: 1. That the Citizen Participation Plan as identified above be and. hereby is approved in all respects. 2. That the City Clerk be and hereby is requested to file a copy of said Plan with this resolution 3.n the official journal of actions of the City Council. 3. That the Administrative Assistant for Community Development be and hereby is authorized to make a public dissemination of the Citizen Participation Plan. ~#F3ff-~3ti~- An ordinance entitled t~An Ordinance To Rezone Certain Property In The City Of West Memphis: Declaring An Emergency, And For Other Purposes." was read by the City Attorney. Alderman Holt, seconded by Alderman Cosgrove, moved that delete emergency clause from the ordinance. After consideration, Alderman King, seconded by Alderman Bentley, moved that table until next Council meeting for a representative to be present with a map of the property. Upon roll call vote, the voting was as follows: Aye: Aldermen: Hightower, Holt, Horton, King, Bentley, Cosgrove, Dickerson, Grimsley, and Harris. Nay: None . City Attorney Smith read an ordinance entitled "Ordinance Requiring Lights On Bicycles Operated Upon The Streets Of West Memphis, Arkansas, For A Period Covered Between One-Half Hour After Sundown And One-Half Hour Before Sunup". Alderman Holt, seconded by Alderman Cosgrove moved that adopt the ordinance. During consideration Alderman Cosgrove, seconded by Alderman Bentley moved that the ordinance be referred to the Street Committee. Upon vote, the voting was as follows: dye: Aldermen: Higriawer, Holt, Horton, King, Bentley, Cosgrove, Dickerson, Grimsley, and Harris. Nay: None . 140 Mayor Ferguson requested the Aldermen submit names for appointa~enta to the Review Board. Mr. Mallins, a representative of the Hap-Hap Days Shows requested permission to operate a carnival at Meadowbrook Square. Types of riding devices, booths, insurance, games, preventive maintenance, and garbage disposal were discussed. Alderman King, seconded by Alderman Grimsley moved that grant permit for carnival from 6th to 12th of October provided meets all City requirements, safety, liability and provides by codes and pays license. Upon roll call vote, the voting was as follows; Aye; ~Ldermen: Hightower, Holt, Horton, King, Bentley, Cosgrove, Dickerson, Grimsley, and Harris. Nay: None. Recommendation from the Utility Committee was presented by Alderman Bentley that advertise for bids for water treatment plant. After discussion with P• G. Para, Alderman Harris, seconded by Alderman Cosgrove moved that advertise for bids for a .water treatment plant. Upon vote, the voting was as follows: Aye; Aldermen:.Hightower, Holt, Horton, King, Bentley, Cosgrove, Dickerson, Grimsley, and Harris. Nay: None. Alderman Harris spoke on behalf of Ms. Helen Newson, 223 S. 16th, operating a beauty shop in her home due to hardship caused by illness of her father and having someone available to take care of him. Alderman Harris, seconded by Alderman Cosgrove, moved that instruct the Building Inspector to grant permit. to Helen Newson for beauty shop. During discussion, City Attorney Smith brought to the Councils attention would be in violation of Ordinance No. 715• Upon roll call. vote, the voting was as follows: Aye: Aldermen: Hightower, Holt, Horton, King, Bentley, Cosgrove, Dickerson, Grimsley, and Harris. Nay; None . Mayor Ferguson announced Community Development Program hearing will be held at 7:00 p.m, October 6, 1975, and requested the Aldermen'to be present. City Attorney Smith announced would be out of West Hemphis the week of October 13th. Alderman King. requested vacant lots grass be cut, the matter was referred to the City ~gineer. Complaint as to work being performed in the street at Bill Heckinger Wrecker Service !~1l~ S• 2nd Street was referred to the City Attorney, who advised the matter should be reported to the Police Department. Alderman Bentley announced Police Commission and Utility Committee meetings after Council ad3ournment. ,Alderman Harris brought to the Councilts attention Woodyard operating at 22nd and Monroe . Alderman Horton inquired as to operation procedure for matters pe~iaining to the Utility Co~nittee and the .Council, the matter was held in abeyance. Professor Holbrook requested information as to his being designated as the Mayors proxy at East Central meetings as he is a member of the governing board. Mayor Ferguson advised will discuss with City Attorney. Alderman Bentley suggested the City Attorney and Building Inspector Avery confer on enforcement of ordinances pertaining to woodyards due to health hazards and blight conditions. There being no fruther business, the meeting adjourned. l,. ATTES ITY CLERK APPROVED: OCTOBER 16, 19? ~~ MAYOR