Loading...
March 4, 1976221 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HAD AND HELD ON MARCH !~, 1976. 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 lath day of March, 1976. The following were present; Mayor Joyce Ferguson presiding; and Aldermen; Pritchard Horton, Tilden Rodgers, R. T. Bentley, R. S. Cosgrove, Thomas Dickerson, D. M. Grimsley, W. L. Harris, J. E. Hightower, and A. 0. Holt; and City Attorney R. L. Smith. Absent: Alderman J. C. King. Rev. Wm. Gainer, Vanderbilt Avenue Baptist Church, gave the invocation. It being determined a quorum was present, the following proceedings were had to-wit: Alderman Rodgers advised he was not a member of the Boys and Girls Clubs Steering Committee as shown in the minutes of February ~ thereupon motion was made by Alderman Cosgrove, seconded by Alderman Horton, that the Minutes of February 19, 1976, be approved as corrected. Upon vote, the voting was as follows: Aye: Aldermen: Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Holt. Nay: None. Mayor Ferguson announced bids would be received for Public Official and Employe Legal Liability Insurance in accordance with Bid Notice published in the Evening Times on February 9th and 16th. City Attorney Smith requested the Insurance Committee consider the various types of coverage when considering a policy. The bids received were as follows: Crittenden Insurance Agency, Inc. Premium $5,185.00 plus ~~ tax if applicable . McCarley & Company Annual Installment $5,537.00 deductible clauses $2500 Alternate: 3 Year Pre-Paid Premium $15,100.00 Alderman Holt, seconded by Alderman Grimsley, moved that the bids be turned over to the Insurance Committee for approval. Upon vote, the voting was as follows: Aye: Aldermen: Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Holt. Nay: None. Alderman Bentley, Chairman of the Utility Committee, reported on property owned by Arkansas Power ~r Light Company that is to be annexed; and moved seconded by Alderman Horton, that the City purchase Arkansas Power & Light Company property to be annexed to the City in the amount of $19,000.00 per specifications. Upon roll call vote, the voting was as follows; Aye: Aldermen: Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Holt. Nay ; None . Mr. Morris H. Fair, Financial Adviser for the City, made an informal presentation of proposal for refunding West Memphis Public Utility Revenue Bonds, copies of the Memorandum to Mayor Ferguson were distributed. The Propsal read as follows, and Mr. Fair requested determination be made by the Council as to approval or disapproval at the next Council Meeting: 222 MEMOR~INDUM To: The Honorable Joyce Ferguson and Members of the City Council F:vm: Morris H. Fair Date; March 2 , 197 6 Re: Proposal far refunding West Memphis Public Utility Revenue Bonds The Utility Department has determined needs for additional capital in the amount of approximately $3,545,000 as outlined on the schedule attached. We-have undertaken the necessary steps to market ..revenue bonds to raise these needed funds. The present debt will be paid off in 1989. We would therefore recommend that you pay interest Qnly on the new debt through 1989. with principal repayment from 1989 to 2001. ' in addition to selling bonds to -provide current new construction needs , we are recommending ' that you sell. additional bonds in the approximate amount of $3 , 685 , 000 with the proceeds - to be used to~provide for the repayment of the $4, 167, 000 presently outstanding. The J proceeds of the $3, 685,000 refunding issue will be used to buy obligations of the U. S. Government due on each date principal and interest is due on the outstanding debt. When government securities are purchased in this manner, the outstanding debt is no longer considered an obligati_ on of the Utility Department unless the U, S . Government fails to pay. - ~',- - The advantages of the ;recommended refunding are as follows: 1- All bond issues sold by the Utilit,' Department are subordinated in claim on the revenues to a 1945 Sewer Revenue Bond issue and to a 1949 Sewer Revenue Bona issue which will be paid out in 1980.. Even though the total outstanding on these issues is only $132 , 000 , it is a "negative" that all bond issues must be considered subordinate3. Z- Reduction of the parity requirement for the sale of additional revenue bonds . Qrdinance n526 was enacted in 1967 in connection with the sale of $2, 800, 000 revenue . bonds and requires that prior to the sale of additional parity bonds, the certified -net revenue for the previous year must be equal to 1.5 times the average annual debt service on all the outstanding bonds and the new bonds being issued. This requirement is .unduly restrictive and could be reduced if these bonds were refunded. - - _ 3-- The outstanding debt does not provide for rate increases to be used on a pro forma _ -- basis to meet required debt service coverage. This could be adde3 if the outstanding - - bonds are refunded. - _ _ _ - _ - ____9- The various reserve accounts now. required by the 10 bond issues outstanding cou13 . " be eliminated. - - _ _ :. . -_ -_ .. _ . .- - -_. ~ . - _ - A _ 5- If determined to be in the best interest of thecity, principal payments could be deferred so that the combined debt service on the refunding issue- and the issue for construction funds would be less than now required on the outstanding bonds . 6-- The total debt service requirements of the refunding bonds will be $95, 000 less than the total debt requirements of the outstanding bonds after payment of all issue expenses. M HI'/~c ~ - ... _ _ ...._._ _.~ ...... ,.,.-_.._.. __- W _.. _ .. ...-. ~ , ,_ _, ,,.a __~-- _._.~. _ a .- 223 . ~ ~' CITY OF WEST MEMPHIS, ARKANSAS UTILITY DEPARTMENT 197 6 Funds Needed Temporary Bonds Due June 1, 19 7 6 $ 5 00 , 000 V1Tater Treatment Plant 1, 800, OH ~, - Westwood Acres Primary Pumping Plant & Outfall Line .250, 000 - Westwood Acres & Lehr Property Pumping Plants 60, 000 North 13th Street Pumping Plant and Outfall Line 450, 000 Sewer Plant Replacement ~ - ~ - • 50, 000 .. -- EPA Evaluation Study (25% of total cost) . 90, 000 ~ , Acquisition of Existing Plant in annexed area (from AP & L) ~ ~ - 3S, 000 - Pumping Station ~- Richland 60, 000 • -. -Contingency for Capital Imp, .. 250, 000 Total $3 , 545, 000 Less, - ~ ~ ~ . Funds presently available for construction purposes (approx) 8I8, 000 Net Needed for Construction $2-, 727, 000 Inter"est during Construction 214, 225 UMIC F'ee ~ ~ 9, 9.00 . Rating - 1, 500 Priming - ~ 2, 000 _ .Legal ~ 25,000 Discount - 85, 37S } Reserve Increase - ~ 350, 000 Tt~tal Bond Issue Required Excluding Refunding Bonds _ .. .. 3 , 415 , 000 CITY OF WEST M E11/tPHIS , ARKANSAS - Summary of Receipts and Disbursements r RECEIPTS: Par Refunding Bonds $3, 685, 000.00 Less Discount and costs 36, 850.00 0 Total Proceeds ~ 3,-648, 150.00 Plus Accruals 441755.63 Total Receipts ~ $3, 692, 905.63 • DISBURSEMENTS: - Buy Investments* - - _ - $3, 535, 289.2$ Starting Cash - . 15 5 , 424.5 S -- -.. ~. - ~ _ 3, 690, 713.83 Surplus toIssuer -- - - - ~ - ~ ~ 2 ,191.80 - _ Total Disbursements ~ . $3, 692, 905.63 * Priced according to arbitrage law at yield of 6.4715% ~- ~:. - DEBT SERVICE SCHEDULE eye Date 3/1/76. . ~.ement Date 3/1/7 6. ~ . _~: cpn Date 6/1/7 6 - ..~pon Rate - 6-1/4% . r.************* REFUNDING BONDS *************** existing .A~ate Principal Interest ~ Total D.S. Debt Serv. Savings . x/76 675,000 57,578.13 732,578.13 - 734,333.12 1,755.00 /77 165,000 188,125.00 353,125.00 361,137.50 8,012.50 /78 200,000 177,812,50 377,812.50 382,467.50 4,655.00 /79 210,000 165,312.50 375,31.2.50 382,567.50 _ 7,255.00 `~ x/80 ~ 255 , 000 152,187.50 407,187.50 416, 302 , 50 9, 115. QO a/1/81 225,000 136,250.00 361,250.00 370,002.50 8.,752.50 6/1/82 240, 000 122, 387.50 362, x.87.50 369, 447.50 7, 260.OQ 6/1/83 250,000 107,187.50 357,187.50 365,317.50 8,130.04 6/1/84 255,000 91,562.50 346,562.50 350,867.50 4,305.00 6/1/85 285,000 75,625.00 360,625.00 367,467.50 6,842.50 -_ 6/1/86 300,000 57,812.50 357,812.50 366,947.50 9,135.00 6/1/87 325,000 39,062.50 364,062.50 368,135,00 4,072.50 6/1/88 260,000 18,750.00 278,750.00287,685.00. 8,935.00 6/1/89 40,000 2,500.00 42,500.00 50,040.00 7,540.00 Totals 3, 685, 000 1, 391, 953,13. 5, 076, 953.13 ~ 5, 172, 718 12 95, 765.00 . _ - _ __ - - - .. _ - , _. .; .. ,~ , .... ~.. - y .... ,_ ~.. - .... ~ ~ .. 225 Mayor Ferguson announced bids for the West Memphis Recreational Complex Phase 1 (Airport Park) would be received in accordance with Bid Notice published in the Evening Times on January 30th, February 6th, February 20th, and February 27th. The bids were received and read by Architect Cliff Jackson as follows: J. ~. Cobb & Son Const. - Memphis, Tenn. Add Base Bid $125,83? - Alternates: 1-Add $21,565, 2-$6,670, 3-Add $l, 00, ~.-Deduct $9,278 - uc 8 6- 1 edd~~ - t 3,aoo, duct $32,000, -~e~uc~ 8,88, a ~~-D~d~c~3,0~~. Bid of Wesley T. Parker was brought to the Council Chamber. Motion was made by Alderman Bentley, seconded by Alderman Holt, that bid that just walked in to be allowed. Upon vote, the voting was as follows: Aye: Aldermen: Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Holt. Nay: None. Bids continued opened and read as follows: C. R. Boucher Const. - Memphis, Tenn. Base Bid $1x21,300 - Alternates: 1-Add $21,700, 2-Add $6,030, 3-Add $2,100, ~-Deduct $9,228, 5-Deduct $1,800, 6-Deleted, 7-Deduct $23,000, 8-Deduct $32,000, 9-Deduct $18,000, 10-Deduct $23,000. Heath & Scarbrough - West Memphis, Ark. Base Bid $388,190 - Alternates: 1-Add $31,003, 2-Add $2,352, 3-Add $1,301, J~-Deduct $10,262, 5-Deduct $5,193, 6-Deleted, 7-Deduct $2.,886, 8-Deduct $3.,623, 9-Deduct $19,175, 10-Deduct $2.,886. Wesley T. Parker - Marion, Ark. Base Bis $398,805 - Alternates: 1-Add $22,718, 2-Add $3,1~7~, 3-Add $700, ~.-Deduct $1.~, 300, 5-Deduct $5, 959, 6-Deleted, 7-Deduct $25,31x.5, 8-Deduct $1~0,271~, 9-Deduct $16,25., 10-Deduct $25,3.5. i Motion was made by Alderman Rodgers, seconded by Alderman Grimsley, that bids be turned over to the Park Commission, Architect, and Engineer, and Attorney for examination and advise the successful bidder. During discussion of the motion Alderman Bentley, seconded by Alderman Cosgrove, moved that request that the Commission recommend the lowest bidder and come back to the Council for awarding by the Council. Vote on the amendment: as follows: Aye: Aldermen: Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Halt. Nay: None. The Mayor put the question on the adoption of the motion that the bids be turned over to the Park Commission with the Attorney, Architect, and Engineer for examination and the bids be brought back to the Council for awarding final bid. Upon roll call vote, the voting was as follows: Aye: Aldermen: Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Holt. Nay: None. Alderman Rodgers reported the Committee appointed to canvas the fire and tube bids had ascertained the City can get the low price that each person submitted and can buy some from Firestone, Goodyear, Goodrich, and James Mill Plaza and take the lowest price from the whole group. Motion was made by Alderman Rodgers, seconded by Alderman Grimsley, that accept tire bids on this basis. Upon vote, the voting was as follows : Aye: Aldermen: Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Holt. Nay : None . 226 Alderman Cosgrove reported. on meeting pertaining to inspection of sewer lines involving the plumbers, who failed to appear, Miss Margaret Ti~olfolk, Mr. Jerome Alford, and alderman Cosgrove were present. Mr. Jerome Alford of Bond Engineering Company informed the Council of information received from the State Health Department - plumbing division now called Department of Public Safety as to requirements of the Department. During discussion of expediting inspection of lines from the sewer to the house, Department requirements, certification of inspectors, examinations, authorized inspectors, and on-job training Alderman Holt, seconded by Alderman Horton moved that continue as is until obtain additional information. Roll call vote on the motion was as follows: Aye: Aldermen: Horton, Rodgers, and Holt. Nay: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, Harris, and Hightower. Motion failed. Alderman Cosgrove advised another meeting with the plumbers~~~~~r~~~eduled for input to finalize some of the questions, and moved that r. arena r Mr. Avery be called by the Utility Department to inspect residences from tap to house . Upon roll call vote, the voting was as follows : 1~ye: Aldermen: Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Holt. Nay : None . The motion carried. Alderman Horton, Chairman of the Police Commission, requested a directive as to who to call to rid the Police Building of mice, rats, and roaches. During consideration of the problem, exterminating companies doing the work on a rotating basis, and the contract with the company in 1975 permission was granted for Purchasing Agent Joe Scarbrough to have one treatment made as soon as possible at price less than $1,000.00 and to advertise for bids for all City property for extermination of rodents, roaches, etc. Architect Cliff Jackson outlined plans for construction of a closed area for relocating the radio room and an information center in the lobby area of the Police Building cost of $1.x..,600.00. Alderman Horton advised $600.00 is available and requesting $1.,000.00 from Revenue Sharing. Alderman Cosgrove seconded by Alderman Harris moved that go on with the construction. Upon vote, the voting was as follows: Aye: Aldermen: Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Holt. Nay : None . Alderman Cosgrove announced the Insurance Committee will meet on March 11 at noon to discuss the bids on Workmen's Compensation. The following transfer of funds were requested by Alderman Bentley, Chairman of the Budget Committee : Motion was made by Alderman Bentley, and seconded by Alderman Rodgers: Transfer $500.00 from Auditorium Account 7102-Maintenance to 7101 Salaries to pay people who sell soft drinks, pop corn, etc. Upon vote, the voting was as follows: Aye: Aldermen: Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Holt. Nay: None . Motion was made by Alderman Bentley, seconded by Alderman Grimsley; authorize purchase of equipment from Revenue Sharing for preparation of ID badges for all City ~nployees amount of $661.00. Upon vote, the voting was as follows: Aye: Aldermen: Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Holt. Nay : None . 3,P~filic Official and Employe Legal Liability Insurance (rather than Workmen's Compensation} 2 2'7 Alderman Bentley, seconded by Alderman Dickerson, moved that authorize payment of $70.00 for training of Clayton McNeil on the Sun machine, funds be transferred to account 1523 - Shop. Upon vote, the voting was as follows: Aye: Aldermen: Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Holt. Nay : None . Alderman Bentley presented request that a variance be granted in the Personnel Policy Manual for sick leave of an employee of the Utility Department. Motion was made by Alderman Rodgers, seconded by Alderman Cosgrove, that abide by the Manual. Upon vote, the voting was as follows dye: Aldermen: Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Holt. Nay: None. Report of the City Hall Building Committee was made by Alderman Bentley as to meetings with the Bicentennial Committee, and recommendation that Natomas Development Corporation be a~rarded the bid in amount of $18,200.00 being the base bid and all the plaza except the trees and shrubbery. Alderman Bentley elaborated on the contract, and moved that accept Natomas Development Corporation bid, and contract be made a part of the Minutes. The motion was seconded by Alderman Rodgers. Upon vote, the voting was as follows; Aye: Aldermen: Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Holt. Nay : None . The contract read as follows: CONTRACT This agreement entered into this day of 1976, between the City of West Memphis a Municipal Corporation, party of the first part and Natomas Development Corporation. An Arkansas Corporation, party of the second part. WITNESS: WHEREAS, the party of the first part wishes to enter into an agreement with the party of the second part for construction of a Bicentennial plaza, located between the West Memphis City Hall and the West Memphis Civic Auditorium, and WHEREAS, the party of the first part to complete the project in the shortest possible time the party of the second part agrees to do the following: 1. All work to be completed within forty (I~0) working days exclusive of Saturday and Sunday and days of inclement weather or days declared to be non - working days by the City ~gineer and Architect of record, labor disputes, acts of God and wars. 2. Work will begin on or about March 15, 1976. 3. Completion date scheduled is May 7, 1976, subject to the above exception. ~.. A sum of $25.00 a day will be acessed for work completed after forty (~0) working days up;>.to and including fifty (50) working days. After fifty C5o) working days a charge of $50.00 a day will be acessed. THEREFORE, be it understood and agreed between the parties that the sum stipulated to be paid to the City for the failure to complete the contract as agreed shall be liquidated damages and not a penalty. This contract is executed in duplicate with both parties receiving an original. Franklin C. Kuehne, President Attest: Jo Ax~.n. Kuehne, Secretary and Treasurer Attest: Charles DeGraff, City Clerk Joyce T. Ferguson, Mayor 228 Mayor Ferguson announced copy of the Drainage Committee report was given to each Alderman before the meeting, and after study of the report, action will be taken on any recommendations at the next Council meeting. Motion was made by Alderman Cosgrove that waive building permit fee for the Girls Club, the motion was seconded by Alderman Bentleys Upon vote, the voting was as follows Aye: Aldermen: Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Holt. Nay : None . / An ordinance entitled "An Ordinance ~o Rezone From RS-6, Single Family Residence District To RMH Mobile Home Residence District, And Declaring An Emergencytt was read by the City Attorney. Alderman Harris, seconded by Alderman Bentley, moved that adopt ordinance on first reading. Upon roll call vote, the voting was as follows: Aye: Aldermen: Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Holt. Nay : None . Attorney Ralph Sloan representing the applicant requested the ordinance be adopted on the emergency clause. After discussion, Alderman Holt, seconded by Alderman Grimsley, 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: lye: Aldermen: Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Holt. 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 thv rule suspended. The ordinance was then read the second time by the City Attorney. Alderman Grimsley, 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 thatthe 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: Horton, Rodgers, Bentley, ~'osgrove, Dickerson, Grimsley, Harris, Hightower, and Holt. 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 reed the third time by the City Attorney. Alderman Bentley, 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: Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Holt. Nay: None. Alderman Horton, seconded by Alderman Grimsley, moved that Section 3, the emergency clause, be adopted, and on roll call the following voted: Aye: Aldermen: Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Holt 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. 857, and read as follows: 229 ORDINANCE N0. 857 AN ORDINANCE TO REZONE FROM RS-6, SINGLE FAMILY RESIDENCE DISTRICT TO RMH MOBILE HOME RESIDENCE DISTRICT, AND DECLARING AN EMERGENCY WHEREAS, 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 heard by the City Planning Commission and no persons appearing to protest the same the Planning Commission recommended that said application be granted: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION I: That the following described property, to wit: Lots 9 and 10 in Block 5 of the George T . Kendal Fifth Addition to the City of West Memphis, Arkansas, being also known as 611 and 613 South 2~.th Street, West Memphis, Arkansas, be and the same is hereby rezoned RMH, Mobile Home Residence District. SECTION II: That all ordinances or parts of ordinances in conflict herewith are hereby repealed . SECTION III: EMERGENCY CLAUSE: It is hereby found and determined by the City Council of the City of West Memphis that this ordinance is necessary for the .preservation of the public peace, health and welfare of the City of West Memphis and the growth and expansion of the City of West Memphis; therefore, an emergency is hereby declared to exist, and this ordinance shall be in full force and effect from and after its passage and approval. .. „~i;~rc7.., 5 Minute Recess -Mayor called the meeting to order Alderman Bentley introduced an ordinance entitled "Ordinance Accepting Territory Annexed To The City Of West Memphis, Arkansas, Incorporating Such Territory Into Ward 3 Of Such City And Designating Zoning Classification Thereof, Declaring An Emergency, and the City Attorney read the ordinance in full. Alderman Hod, seconded by Alderman Dickerson, 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: Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, and Holt. Nay: Alderman: Hightower. 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 Bentley, 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: Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, and Holt . Nay: Alderman: Hightower. 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. 230 Alderman Rodgers, 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: Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, and Holt . Nay: Alderman: Hightower. Alderman Grimsley, seconded by Alderman Hightower, moved that Section ~, the emergency clause, be adopted, and on roll call the following voted: Aye: Aldermen: Horton, jtodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, and Holt. Nay; Alderman: Hightower. The Mayor thereupon declared the ordinance and the emergency clause adopted and signed the ordinance, which was attested by the City ~Lerk and impressed with the seal of the City. The ordinance was given No. 858. The ordinance read as follows: ORDINANCE N0. 858 ORDINANCE ACCEPTING TERRITORY ANNEXED TO THE CITY OF WEST MEMPHIS, ARKANSAS, INCORPORATING SUCH TERRITORY INTO WARD 3 OF SUCH CITY AND DESIGNATING ZONING CLASSIFICATION THEREOF DECLARING AN EMERGENCY. WHEREAS, the City of Nest Memphis, Arkansas, a Municipal Corporation, Ex-Parte, the owner of the lands herein-described, instituted proceedings in the County Court of Crittenden County, Arkansas, for the annexation of certain territory as described below to the City of West Memphis, Arkansas, and the County Court of Crittenden County, Arkansas, has entered its final order approving and conf3.rming the annexation of such territory to complete the annexation and made the hereinafter-described territory a part of the City of West Memphis; and WHEREAS, it is also :Kproper that the territory annexed and accepted be made apart of Ward 3 of the City of West Memphis, Arkansas, and that zoning classification be s designated for it; R.A. NOW, THEREFORE, be it ordained by the City Council of the City of West Memphis, Arkansas: SECTION 1. That the territory hereinafter described be, and it is hereby accepted as part of the City of West Memphis, Arkansas, to-wit: The South 50.0 ages of the East One-Half (1/2) of the Northeast Quarter (N of Section Ten, Township Six North, Range Eight East, less and except the Trlest 300 feet of the North 500 feet thereof, SECTION 2. That the territory h~reinabove described be, and it is hereby attached to and incorporated in Ward 3 of the City of West Memphis, Arkansas, and shall forthwith be considered and become a part thereof. SECTION 3. That all of said Annexed Territory be and same is hereby zoned RA - Rural Agricultural and shall forthwith be considered and become a part thereof. SECTION 1~. It being hereby declared by the City Council, City of West Memphis that there is urgent need for Playgrounds for the youth of our City and this Ordinance is necessary for preservation of the public peace, health and welfare of its citizens of West Memphis, Arkansas. An emergency is hereby declared to exist and this Ordinance shall be in full force and effect from and after its passage and approval and publication as required by law. .:~it~i.......-7i :: 231 Mayor Ferguson brought to the Councilts attention consideration of an ordinance pertaining to requirements for a City employee to establish residence within the City Limits that was not on the agenda. Alderman Grimsley, seconded by Alderman Dickerson moved that waive the rules and consider the ordinance. Upon roll call vote, the voting was as follows: A<ye: Aldermen: Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Holt. Nay : None . City Attorney Smith read the ordinance entitled "An Ordinance Requiring Anyone Who Is A Regular Employee Of The City Of West Memphis, Arkansas To Establish Residence Within Ninety (94) Days Within The City Limits Of The City Of West Memphis, Arkansas, Declaring An Emergency And For Other Purpas~°s.tt WHEREAS, anyone who desires may be eligible to take a Civil Service lamination for employment by the City of West Memphis, Arkansas, AND WHEREAS, heretofore, there has been no policy established by the City of West Memphis, Arkansas regarding residency for regular employees of the City of West Memphis, Arkansas AND WHEREAS, it is mandatory that an employee of the City of West Memphis, Arkansas shall establish residence within the City Limits of West Memphis, Arkansas within ninety (90) days after such employment; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION 1. Anyone who desires is eligible to take the Civil Service Examinations whereby they may be employed by the City of West Memphis, Arkansas. SECTION 2. It shall be the established policy of the City of West Memphis, Arkansas that anyone who is regularly employed by the City of West Memphis, Arkansas must establish residence within the City Limits of the City of West Memphis, Arkansas, within ninety (90) days after such employment. SECTION 3. This policy shall not apply to those employees of the City of West Memphis, ~xkansas who are now regularly employed by the City of West Memphis, Arkansas. SECTION 1~. Emergency Clause. It having been found and determined by the City Council of the City of West Memphis, Arkansas that there is no established policy regarding establishment of residency by applicants for Civil Service who desire employment by the City of West Memphis, Arkansas, advising them that if employed by the City of West Memphis, Arkansas that it be mandatory for any such employee to reside within the City Limits of the City of West Memphis, Arkansas, and that a policy should be established that it shall be mandatory for employees of the City of West Memphis, Arkansas, who are hired and/or employed from this date forward to become residents of the City of West Memphis, Arkansas, within•ninety (90 ) days of employment, by the City of 1r1e st Memphis , Arkansas, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect from and after the date of its passage and approval. 3;~ Voting Procedure and Ordinance Page 23~. Revenue Sharing Report included in the Council packet was considered. Administrative Assistant Rick Gallagher informed the Council of the following changes: Page 2 - Section 3 - should indicate Revenue Sharing instead of Street Fund for 1 Car and 1, 5 yd truck; Library added $1,350.00, and $600.00 added Section ~. Move Radio Room. Request of the priority committee, bids to be received by the Council, specifications to be prepared by the purchasing agent or specifications used last year were considered. Motion was made by Alderman Horton, seconded by Alderman Harris, that accept Revenue Sharing Report, and give permission to advertise for bids where noted. Upon roll call vote, the voting was as follows: Aye: Aldermen: Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Holt. Nay: None. 232 Motion was made by Alderman Bentley, seconded by Alderman Cosgrove that authorize publishing of Notice for Bids for repair of the S. Avalon Pumping Station. Upon roll call vote, the voting was as follows: Aye: Aldermen: Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Holt. Nay : None . City Attorney Smith requested designation of an official time keeper for opening of bids. After consideration, Alderman Bentley, seconded by Alderman Dickerson moved that the Clerk for the Council be designated as official time designator for receiving bids. Upon vote, the voting was as follows: Aye: Aldermen: Horton, Rodgers, Bentley, Cosgrove, Dickerson, G~°imsley, Harris, Hightower, and Holt. Nay: None . P. G. Para of the Utility Department requested permission to consider the advertising for bids for materials that was not on the agenda. Motion was made by Alderman Rodgers, seconded by Alderman Horton that waive rules to consider permission for advertising for bids. Upon vote, the voting was as follows: Aye: Aldermen: Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Holt. Nay: None. Permission was requested to advertise for 150 poles - 20 to ~.0 feet, x.,500 feet of wire, an analyzer for meter testing, and two transformers - one for the Park and one for the doctors office building. After discussion, Alderman Holt, seconded by Alderman Bentley moved that permission be granted to advertise for bids for the items. Upon roll call vote, the voting was as follows: Aye: Aldermen: Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, T Harris, Hightower, and Holt. Nay: None. Due to financial problems in stock piling supplies and delay due to requesting permission from the Council to advertise for bids, City Attorney Smith was requested to research the question of obtaining permission to advertise before Notice of bids published. Building Inspector Avery requested permission to clean up lots where the owners had demolished the following structures: 101 S. 13th 638 S. 21st X1.9 S . 17th 207 S. 16th x.11 S. 16th 523 S. 12th. Also, Mr..requested permission to demolish the following condemned structures: 501 S. 11th 307 N . 10th 707 S. 20th 2102 Monroe 515 S. 13th After consideration, motion was made by .Alderman Holt, seconded by Alderman Horton that permission be given to demolish the houses and clean-up the lots. Upon vote, the voting was as follows: Aye: Aldermen: Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Holt. Nay: None. 233 Motion was made by Alderman Bentley, seconded by Alderman Cosgrove that permission be granted to advertise for bids for demolition of nine houses usmag Community Development Funds. Upon roll call vote, the voting was as follows Aye: .Aldermen: Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Holt. Nay ; None . Mayor Ferguson announced the Mayor and Vice-Mayor are going to Washington, D.C. March 1.1a.-16 on Revenue Sharing . Mrs. Bert McElroy, Chairlady for the Board of Review, presented a resume of the organization of the Board, and elaborated on duties, procedures, and communications between the Board and the Aldermen. During discussion of hard core pornography it was concensus that the ordinance be followed and a report from the Emergency Committee be received before any action taken. Alderman Grimsley advised he was sorry of breakdown in communications a~ to notification of meetings, and was informed meetings are held first Tuesday of each month at 5;00 p.m. in Conference Room at City Hall. Mrs. Sarah Smith, Deputy City Clerk, distributed report on delinquent privilege licenses,and check is to be made on businesses in operation. Due to numerous requests from operators of the woodyards and no report from the Woodyard Committee, Building Inspector Avery recommended the Council go on record that compel the woodyard operators to construct an eight foot plank fence and put the wood up off the ground and. be permitted to continue operating. After consideration of the matter, Alderman Rodgers, seconded by Alderman Dickerson, moved that authorize the Building Inspector to let the people who contact him, who have woodyards, keep the woodyards for the time being with provision put a fence around, get wood off the ground, and have an a~rnendment to the ordinance within two weeks to make legal. Upon vote, the voting was as follows: Aye: Aldermen: Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Holt. Nay: None. Rick Gallagher brought to the Councils attention the most effective time for aerial mosquito spraying. Designation of time between sunrise and sunset was discussed, and Alderman Dickerson, seconded by Alderman Bentley moved that change the hours of spraying in the speicifations for bids for aerial mosquito control. Upon vote, the voting was as follows: Aye: Aldermen: Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Holt. Nay: None. Alderman Dickerson announced there would be a Fire Commission Meeting five minutes after adjournment of Council Meeting. Alderman Bentley presented recommendation of the Budget Committee that the matter pertaining to the School Crossing Guards be referred to the Police Commission for recommendation and disposition. Vote on the recommendation was as follows : i A;~e: Aldermen: Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Holt. Nay : None . Alderman Hightower inquired as to consideration of his recommendation that the Bookkeeping Department check on street employees and sanitation workers longevity pay. During discussion, Mayor Ferguson advised the Bookkeeping Department is compiling the information and will present at next meeting. No further business being presented, motion was made by Alderman Grimsley, seconded by Alderman Horton to adjourn. Upon vote, the voting was as follows: Aye: Aldermen: Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Holt. Nay: None. ~ /`~ ~'~ _ MAYOR ATTE _. ,~- -. APPROVED: MARCH 18, 1976 AS COC ED 234 :: Voting Procedure and Ordinance No. 859 Alderman Cosgrove, seconded by Alderman Dickerson, 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: Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Holt. 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 Bentley, seconded by Alderman Harris they: 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:- Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Holt. 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 Rodgers, 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; Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Holt. Nay; None. Alderman Grimsley, seconded by Alderman Hightower, moved that Section I~, the emergency clause, be adopted, and on roll call the following voted: Aye: Aldermen: Horton, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Harris, Hightower, and Holt. 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. 859 and read as follows; ORDINANCE N0. 859 AN ORDINANCE REQUIRING ANYONE WHO IS A REGULAR EMPLOYEE OF THE CITY OF WEST MEMPHIS, ARKANSAS TO ESTABLISH RESIDENCE WITHIN NINETY (90) DAYS WITHIlV THE CITY LIMITS OF THE CITY OF WEST MEMPHIS, ARKANSAS, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. WHF~REAS, anyone who desires may be eligible to take a Civil Service Examination for employment by the City of West Memphis, Arkansas, AND WHEREAS, heretofore, there has been no policy established by the City of West Memphis, Arkansas regarding residency for regular employees of the City of truest Memphis, Arkansas, AND 235 WHEREAS, it is mandatory that an employee of the City of West Memphis, Arkansas shall establish residence within the City Limits of West Memphis, Arkansas within ninety (90) days after such employment; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, .ARKANSAS: SECTION 1. Anyone who desires is eligible to take the Civil Service F,`xaminations whereby they may be employed by the City of West Memphis, Arkansas. SECTION 2. It shall be the established policy of the City of West Memphis, Arkansas that anyone who is regularly employed by the City of West Memphis, Arkansas must establish residence within the City Limits of the City of West Memphis, Arkansas, within. ninety (90} days after such employment. SECTION 3. This policy shall not apply to those employees of the City of West Memphis, Arkansas who are now regularly employed by the City of West Memphis, Axkansas . SECTION ~.. ~ner~ency Clause . It having been found and determined by the City Council of the City of West Memphis, Arkansas that there is no established policy regarding establishment of residency by applicants for Civil Service who desire employment by the City of West Memphis, Arkansas, advising them that if employed by the City of West Memphis, Arkansas that it be mandatory for any such employee to reside within the City Limits of the City of West Memphis, Arkansas, and that a policy should be established that it shall be mandatory for employees of the City of West Memphis, Arkansas, who are hired and/or employed from this date forward to become residents of the City of West Memphis, Arkansas, within ninety (90) days of employment, by the City of West Memphis, Arkansas, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect from and after the date of its passage and approval. i