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August 5, 19767 (.7 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HAD AND HELD ON AUGUST 5, 19?6. 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 5th day of August, 19?b. The following were present: Mayor Joyce Ferguson, presiding, and Aldermen: Doug Morris, Tilden Rodgers, R. T. Bentley, R. S. Cosgrove, Thomas Dickerson, D. M. Grimsley, J. E. Hightower, Pritchard Horton, and J. C. King; and City Attorney R. L. Smith. Absent: Alderman W. L. Harris. Rev. Charles Filiatreau, Holy Cross episcopal Church, gave the invocation. It being determined a quorum was present, the following proceedings were had to-wit: Alderman Grimsley, seconded by Alderman King, moved to approve minutes of Council Meeting on July 15, 1975, as included in the packet. Upon vote, the voting was as follows : Aye: Aldermen: Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, Horton, and King. No : None . Mayor Ferguson presented Distinguished Service Awards to Mrs. Tommy Sims for the Crittenden County Historical Society and the Bicentennial Commission. The Mayor also presented to Alderman Cosgrove, Chairman of the Museum Board, a Distinguished Service Award for the Crittenden County Agricultural And Cultural Museum Board of Directors. Mayor Ferguson announced the Council had requested a representative of Arkansas Power & Light Company to appear at this meeting to explain fuel adjustment charges and electric rates for the City, and in order to expedite the hearing the following grou~id rules had been set: 1. The Arkansas Power & Light Company Representative, Mr. 0. V. Holeman, will make a 10 or 15 minute presentation. 2. Members of the Council will direct questions to Mr. Holeman. 3. Members of the audience, who had signed a sheet requesting to be recognized prior to the meeting, would be recognized and due to there being 30 signatures each would be limited to three minutes. ~.. If a person does not wish to be recognized to state Pass when name called. When speaks must come to the microphone and state name and address. 5. Only two subjects to be discussed fuel adjustment and electric rate Arty' questions about personal bills to be discussed at the Utility Office. Alderman Bentley introduced Mr. 0. V. "Buddytt Holeman, Director of Rates and Research for Arkansas Power & Light Company. Mr. Holeman was accompanied by Mr. Jim Clark, Forrest City Division Manager, and Mr. Carl Burns of the Marion Office . Mr. Holeman spoke on inflation, frustration of utility customers, generating electricity, APBrI, fuel costs, use of natural gas, coal, and oil, ~vironmental Protection Agency requirements, oil embargo, power plants capacity, organization of Systems Fuel, Inc., audits, Federal Government restrictions, basic rates, fuel adjustment costs, nuclear generating plant operation, retail rates regulated by Arkansas Public Service Commission, wholesale rates regulated by Federal Power Commission, air conditioning requirements, oil explorations, company profits, rate increases, passage of reasonable laws pertaining to utilities in Congress, explanations to customers, and pending lawsuits. ~y _ _ ey the Council Mr. Holeman elaborated on oil prices y nuclear lams liti ations Cit 's contract with AP&L, fuel paid by AP&L, P ~ g ~ y adjustment costs statewide, basic rates, fuel adjustmen1t~s~S~s ees TVA rates, West Memphis basic rates, loaa~fa ntcreases~sale ofcAP&L stock and bonds, ~rdropower, taxes, proposed r ~ participation of City Officials in developing a national energy policy, West Memphis obtaining TVA power, supply of natural gas, power costs in the northeast, citizens write representatives, Weadvisedhcitizensecou d assist by approximately $1.00 below AP&L . Mr . Holeman C ~s o ~ ~ balanced policy to protect environment and develope~C~~. ~~~~~~~r ~~ ~ ~ erman Ben ey a vise a petition had been prepared and signed ~ition outside s pertaining to the matter and interested citizens might sign the pe the door . The following citizens, who had registered to speak, expressed their opinions: Mr. Leon Duvall - 7.l~.05 Rich Road, W. R. Smith 100 S• Avalon C . D . Shelton x.03 Purdue Ray Eaton 1808 McAuley Dr. N. Mrs. Dora McCrave n 122 S. 12th Mew. Ralph Bogan 208 N. Avalon Dan Craft 501 Ross Mrs. Mary Richards P. 0. Box 15~ W. C . Hull 1021 Spears John Traugh 913 S. Roselawn Alderman Rodgers, seconded by Alderman Dickerson, moved for a five minute recess. Upon vote, the voting was as follows: Aye: Aldermen: Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, Horton,-and King. No: None. Mayor Ferguson called the meeting to order at 3:50 PM Alderman Bentley, Chairman of the Budget Committee, advised the establishing of position of Assistant Chief of Police would not increase the budget, therefore, the matter was not a Budget Committee matter and was referred back to the Police Commission. Alderman Horton, Chairman of the Police Commission, stated the Commission did not have a recommendation at this time. Alderman King reported an additional mosquito spray is needed. The Council was informed the dosage could be increased from 2~~ to 3 ounces under EPA regulations for an additional $267.00 to the cost of $2,370.00. Thereupon, Alderman King, seconded by Alderman Bentley, moved that an appropriation be made of $2,637.00 for an additional mosquito spray for 19'~C from Revenue Sharing Funds. Upon vote, the voting was as follows: Aye: Aldermen: Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, Horton, and King. No: None. Alderman Horton reported the Police Commission had been informed the professional liability insurance - Western World Insurance Co. and Interstate Surplus Underwriters, Inc. would be cancelled as of 12:01 A.M. 8-9-76. During consideration a suggestion of Mr. Bill Fleming of the Arkansas Municipal League was related, Deputy Sheriff Andy Fortner of the Crittenden County Sheriff's Office elaborated on liability insurance covering the Sheriff's Department by a local agency through the National Sheriff's Association, and Alderman Cosgrove read an excerpt from letter dated August 3, 1976 to the Police Commission from Chief Keen. City Attorney Smith advised he had a copy of the policy in effect and contacts he had with the company. Upon request for direction in the matter, the consensus was to hold the matter in abeyance until an investigation made. 1~)4 Alderman Grimsley presented the-following report of the Committee pertaining to longevity for Utility personnel, the Committee was composed of Aldermen Bentley, Morris, and Grimsley: Because there are questions in the minds of members of the utility committee about the legality of making longevity payments to utility personnel, we think it would be in the best interests of employes and the City to have the decisions made by a court of law. Some of the present council members were members of the council when Ordinance No. !~3l~ was passed. It's their belief, that despite the ordinance's working, it was not the intent of the body at that time to include utility employes, who then were working under the supervision of a separate entity. This is one unresolved question. We feel utility employes themselves have a question in their minds concerning our city attorney's opinion that the three-year statute of limitations is applicable to their claims. This, too, a court needs to decide. We do not want to deprive employes of something-they are due, or pay something, the City does not owe. We feel utility, and all city employes, should be paid all that they are legally entitled to. On the other hand, we, as individuals, would be subject to court action if payments were made illegally. To be fair to all involved and to be certain we comply with the law, this committee recommends rejection of the utility workers request for longevity pay. Should they decide to pursue the matter with legal action, we will understand their position, welcome a legal ruling by a court and abide by the courts instructions. ~- Alderman Rodgers, seconded by Alderman King, moved that accept recommendation of the Committee. Upon roll call vote, the voting was as follows: Aye: Aldermen: Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, Horton, and King. No : None . Alderman Rodgers reported on attendance at Library Board meeting, and presented requests of the Board that the Museum Board diligently pursue completion of the log cabin as is a detraction, also requests the City engineer consider 15 Minute parking signs in front of the library to alleviate requests of patrons for a rear door. Mayor Ferguson announced the next order of business would be opening of bids. Bids for Utility Department in accordance with Bid Notice published in the Evening Times on July 19th and 26th were received from: 750 KVA No. 2 Copper Wire lSKV Switch Wesco (Westinghouse) Memphis Tennessee Valley Electric Memphis Diversified Electric Supply North Little Rock Graybar Electric Co. Memphis Sesco San Angelo, Texas S ~C C Electric (Curtis Stout) Memphis $5,592.80. $595.00 MFT No Bid No Bid 6, 628.85 900.00 $8 , 625 $8 ,l~00 ?,~a.ch 5, 526.00 No Bid 6,17l~ .60 $12 , 3~t9.20 5 6 00 700 310 7 620 1 , 33.99 . ,. , 6,1.x.5.00 1, 897.00 (2000) No Bid No Bid No Bid No Bid 6,239.60 12,l~79.20 ~~1 750 xvA Power & Telephone Supply Co. Memphis $?,060.00 General Electric Supply ~, 7.0.80 National ~l.ectric Supply Co. Memphis 5,519.63 Delta Supply Memphis 6,l~26 . o0 Turner Electric East St. Louis No. 2 Copper Wire 15KV Switch $810.00 $6, 0.6.17 $12, 02.3l~ 65..00 6,1bl~ .72 12, 329 .l.~?~ 803.70 6,239.60 12,l~79.20 702.90 6,1?7.00 12,351.00 9,113.70 Alderman Bentley, seconded by Alderman Grimsley, moved that the bids be turned over to Joryn Smith and P. G. Para to award to the lowest and best qualified bidder and report back at the next Council meeting. Upon vote, the voting was as follows: Aye: Aldermen: Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, Horton, and King. No: None. Bids for removal of existing roof and installation of a new roof over a portion of the West Memphis Library at corner of ..Oliver and Avalon Streets were received as follows : Delta Roofing & Sheet Metal Co. West Memphis $5,152.00 Chris Fiedler, Inc. Memphis 5,573.00 Alderman Bentley, seconded by Alderman King, moved that accept the lowest and best bid, Delta Roofing Company, if meets specifications. Upon vote, the voting was as follows: Aye: Aldermen: Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, Horton, and King. No : None . -Bids for the Fire Lepartment as per H.i.d Notice published in the Evening Times on July 22nd and 29th were received as follows: Fire Hose Lester Brenner & Associates Memphis Casco Industries, Inc. Shreveport Beaver Welding & Supply Memphis Gordon Holloway, Inc. Memphis W. S. Darley & Co. Chicago $2,712.00 2,880.00 fob_West Memphis 3,2.0.00 fob West Memphis 2,808.00 3, 91J.~.l~0 fob destination 1~2 Fire Equipment Accessories Sam Friedman Associates, Memphis Casco Industries Beaver Welding & Supply Gordon Holloway, Inc. W. S. Darley & Co. Fire Pumper (Itemized No Total) Peter Pirsch & Son, Kenosha, Wisconsin $70,000.00 American LaFrance, Shreveport, La. 69,500.00 Crash Truck Casco Industries $20,666.00 Communications Equipment Motorala Communications and ~l.ectronics, Inc. $1,5l~1..91 Alderman King, seconded by Alderman Morris moved to refer the bids to the Fire Commission to award to lowest bidder. Upon vote, the voting was as follows : Aye: Aldermen: Morris, Rodgers, Bentley, ~osgr©ve, Dickerson, Grimsley, Hightower, Horton, and King. No: None. Thereupon, motion was made by Alderman King, seconded by Alderman Morris to amend the motion to read refer bids to Fire Commission to award to lowest and best qualified bidder. Upon vote, the voting was as follows: Aye: Aldermen; Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, Horton, and King. No : None . Alderman Dickerson, Chairman of the Personnel Manual Committee, apprised the Council of recommendation of Department Heads and the Committee that reinstate 20 days sick leave, and so moved. The motion was seconded by Alderman Grimsley. Upon vote, the voting was as follows: 1~ye: Aldermen: Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, Horton, and King. No : None . An employee being required to present a doctor's certificate in order to qualify for sick leave, abuse of sick leave., and discretion of the Department Head in the matter were discussed. Also, job related disability, physical examinations required and payment thereof were considered. Alderman Bentley, seconded by Alderman Horton, moved that require employees to pay for physical examination, and all employees be required to take an examination. During discussion Jerry Wheeler brought to the Councils attention Civil Service regulations and the State law. Roll call vote on the motion was as follows. dye: Aldermen: Bentley, Cosgrove, Dickerson, Grimsley, and Horton. No; Aldermen: Morris, Rodgers, Hightower, and King. The City Attorney ruled the motion failed. 1 ~) ~3 Motion was made by Alderman Dickerson, seconded by Alderman Cosgrove that pass Personnel Manual as is today. After consideration of stipulation of vacation time the motion and second were withdrawn. Thereupon Alderman Dickerson, seconded by Alderman Cosgrove moved that pass the Personnel Manual as is with exception of the five working days, and designate one week being five working days. Upon roll call vote, the voting was as follows: Aye: Aldermen: Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, Horton, and King. No: None. Mayor Ferguson presented a Distinguished Service Awaxd to Wm. Pollard, a City summer intern, for his work with the City. Alderman Dickerson commended Mr. Pollard for his work on Personel Manual Permission to advertise for bids for work on S. 17th Street under a Community Development Grant was requested. Alderman King, seconded by Alderman .Rodgers, moved that permission to advertise for bids for S• 17th Street be granted. After discussion of the amount and area, the voting was as follows: Aye: A~.dermen: Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, Horton, and King. No: None. An ordinance entitled "An Ordinance Defining "City ~nployee" Of The City Of West Memphis, Arkansas, And Stipulating Mandatory Retirement At Age Of Sixty-Five (65) years" read the first time on July 1st, second time on July 15th was read the third time by City Attorney Smith. Alderman Cosgrove, seconded by Alderman Morris, 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: Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, Horton, and King. No : None . The Mayor thereupon declared the ordinance 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. 86l~., and read as follows: ORDINANCE N0. 86l~ AN ORDINANCE DEFINING "CITY EMPLOYEE" OF THE CITY OF WEST MEMPHIS, ARKANSAS, AND STIPULATING MANDATORY RETIREMENT AT AGE OF SIXTY-FIVE (65) YEARS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1. Definition. A "City Employee" is any employee who works for the City of West Memphis, Arkansas, thirty (30) hours or more per week, certified in a position of City Service by the Board of Civil Service Commission, and for his compensation on a full time basis whether paid monthly or by hourly wage . Section 2. All City Employees of the City of West Memphis, Arkansas, upon reaching the age of sixty-five {65) years will be mandatorily retired at the end of the month after their anniversary date. 3~~~ Permission to advertise for bids for erecting a fence around the park at 7.1.~.th and Polk was requested. Alderman Rodgers, seconded by Alderman Bentley, moved that permission be granted. Upon vote, the voting was as follows: Aye: Aldermen: Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, Horton, and King. No: None. 1. ~~4 Permission to purchase Lot 17, Block 122, Kendal Subdivision, 530 S-. 1.1.~th Street, by Sylvester Bush for price of $500.00 in accordance with letter included in packet was presented. Alderman Cosgrove, seconded by Alderman King, moved to sell lot to Sylvester Bush. Legal research on the matter and appraisal of the property were discussed. Thereupon, Alderman Dickerson, seconded by Alderman King, moved to table temporarily. Upon vote, the voting was as follows: Aye: Aldermen; Morris, Rodgers, Cosgrove, Dickerson, Grimsley, Hightower, Horton, and King. No: Alderman: Bentley. Permission for a trailer on Jefferson Street was requested by Mr. Winston Heffner, who informed the Council a dwelling was being renovated for residence and office at Wheeling Pipe Line, Inc. J.~1.0 Jefferson for him to live in for security .reasons and the trailer would be used until dwelling renovated. Alderman Bentley, seconded by Alderman Grimsley; moved that grant permission for trailer for six months. Upon vote, the voting was as follows; Aye: Aldermen;- Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, Horton, and King. No; None. Mayor Ferguson announced the Auditorium Commission had recommended Mrs. June Spotts be appointed to fill the unexpired term of Tony Herring. Motion was made by Alderman Bentley, seconded by Alderman King: That Mrs. June Spotts be appointed to the Auditorium Commission to fill the unexpired term of Tony Herring. Upon vote, the voting was as follows: Aye: Aldermen: Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, Horton, and King. No; None. The Mayor advised Frank Waggner's term as a Planning Commissioner had expired. Alderman Dickerson, seconded by Alderman Horton, moved that approve ~ Frank Waggnerts appoin nt to P1 Commi io Vo~e was as ~pl~ows: Aye: Ad~ermen; ~g ~~ ~en~l.ey, osgrove, is erson, Grimsley, Hightower,. ~8~~br~ ;~ ~ g NNom~; one. 1~iayor erguson requested Mr. Ralph Sloan read an ordinance accepting annexation of territory to the City as City Attorney Smith was not present. Alderman Dickerson brought to the Councilts attention previous promise of Attorney Ralph Sloan that a triangle of property in the northeastern section oftside the City would be presented for annexation. Attorney Sloan advised he had been waiting on a correct description of the property and who the owners of the property are to sign.. the petition, when the information is presented he will do the work at no cost to the City except the Court costs and notice costs. Alderman Dickerson, seconded by Alderman Horton, moved to table ordinance 0-1 on the Agenda. Vote on the motion was as follows: Aye; Aldermen: Bentley and Dickerson. No; Aldermen; Morris, Rodgers, Cosgrove, Grimsley, Horton, and King. Alderman Hightower had been excused from the meeting. The motion failed. City Engineer Brawley stated he would assist Attorney Ralph Sloan in obtaining necessary information for annexation of the triangle of property. Alderman Cosgrove introduced an ordinance entitled "An Ordinance Accepting The fast 190 Feet Of The Northwest Quarter {) Of Section 11, Township 6 North, Range 8 East To The City Of West Memphis, Arkansas, And Declaring An ~nergencyt~ and Attorney Ralph Sloan read the ordinance in full. ~~ Aldermen Morris, 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: dye: Aldermen: Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Horton, and King . No: None. Thereupon the Mayor declared that at least two-thirds of all members of the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read the second time by Attorney iLoan. Alderman Cosgrove, seconded by Alderman Grimsley 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: Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Horton, and King. No: Nom: 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 Attorney Sloan. 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: ire: Aldermen: Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Horton, and King . No: None. Alderman Horton, seconded by Alderman King, moved that Section 3, the emergency clause be adopted, and on roll call the following voted: Aye: Aldermen: Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Horton, _ and King . No: 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. 865, and read as follows: ORDINANCE N0. 865 AN ORDINANCE ACCEPTING THE EAST 190 FEET OF THE NORTHWEST QUARTER (NWT) OF SECTION 11, TOWNSHIP 6 NORTH, RANGE 8 EAST TO THE CITY OF WEST MEMPHIS, ARKANSAS AND DECLARING AN EMERGENCY. WHEREAS, Guaranty Loan & Real Estate Co. has instituted proceedings in the County Court of Crittenden County, Arkansas, for the annexation of certain territory to the City of West Memphis, Arkansas; and WHEREAS, such territory is contiguous to the City of West Memphis and it is proper and right and for the best interest of such City that such territory be annexed; and WHEREAS, the County Court of Crittenden County, Arkansas, has entered its order of June 11a., 1976, approving the annexation of such territory as hereinafter described to the City and on the 26th day of July, 1976, entered its order confirming such annexation and it is necessary that the City accept such territory before the annexation can be completed and the territory hereinafter described become a pad of the City of West Memphis : NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: !V SECTION I: That the Territory hereinafter described be, and it is, hereby accepted as ~ part of the City of West Memphis, Arkansas, to wit; The east 190 feet of the Northwest Quarter (N4~) of Section 11, Township 6 North, Range 8 East. SECTION II: That the territory herein described be, and it is hereby, attached to and incorporated in Ward One of the City of West Memphis and shall forthwith be considered and become a part thereof. SECTION III: It is hereby found and determined by the City Council of the City of West Memphis that this property is in the process of development and 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. ~-~~ An ordinance entitled «An Ordinance To Rezone The fast 190 Feet Of The Northwest Quarter (N~) Of Section 11, Township 6 North, Range 8 East« was read the first time by Attorney Ralph Sloan. Alderman Bentley, seconded by Alderman Cosgrove, moved that the first reading of the ordinance be approved. The question was put by the Mayor on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen; Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Horton, and King. No: None. Alderman Cosgrove introduced an ordinance entitled '~An Ordinance To Rezone Part Of The N~ NY~ Of Section 7, Township 6 North, Range 9 East, Described As Follows Commencing At The Northwest Corner Of Said Nin$~ Nine, Run Thence South Along The West Line Of Section 7 A Distance Of 1266.5 Feet And Thence East 30 Feet To A Port On The East Right-Of-Way Line Of U. S. Highway 61 For The Point Of Beginning: Thence North Along Said Hig~tway Right-Of-Way Line 261.5 Feet; Thence Due East To A Point 0n The West Right-Of-Way Line Of The Marion - Hulbert Cut-Off Of The Frisco Railroad, Thence In A Southeasterly Direction Along Said Railroad Right-Of-Way Line To A Point Due East Of The Point Of Beginning, Thence West 676.l~ Feet To The Point Of Beginning, and Declaring An Emergency,~~ and Attorney Ralph Sloan read the ordinance in full. Alderman Morris, seconded by Alderman Rodgers, 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: Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Horton, and King . No: None. Thereupon the Mayor declared that at least two-thirds of all members of the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read the second time by Attorney Sloan. Alderman King, seconded by Alderman Grimsley, 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; Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Horton, and King. No : None . The Mayor declared that at least two-thirds of all members elected to the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read third #~~me by Attorney Sloan. ~ U `~ Alderman Dickerson, 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: Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Horton, and King. No: None. Alderman Cosgrove, seconded by Alderman Dickerson, moved that Section 3, the emergency clause, be adopted, and on roll call the following voted: 1~ye: Aldermen: Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Horton, and King. No: 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. 866, and read as follows: ORDINANCE N0. 866 AN ORDINANCE TO REZONE PART OF THE NWT Nir~ OF SECTION ?, TOWNSHIP 6 NORTH, RANGE 9 EAST, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID Nib NW~4, RUN THENCE SOUTH AND THENCE EAST 30 FEET TO A POINT ON THE EAST RIGHT-OF-WAY LINE OF U. S. HIGHWAY 61 FOR THE POINT OF BEGINNING: THENCE NORTH ALt~NG SAID HIGHWAY RIGHT-OF-WAY LINE 261.5 FEET; TH~TCE DUE EAST TO A POINT ON THE WEST RIGHT-OF-WAY LINE OF THE MARION - HULBERT CUT-OFF OF THE FRISCO RAILROAD, THENCE IN A SOUTHEASTERLY DIRECTION ALONG SAID RAILROAD RIGHT-OF-WAY LINE TO A POINT DUE EAST OF THE POINT OF BEGINNING, THENCE WEST 676.tt FEET TO THE POINT OF BEGINNING, 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. ?l5 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: That part of the NWT of the NW 4 of Section ?, Township 6 North, Range 9 East, described as follows: Commencing at the northwest corner of said N4~ Ni~, run thence south along the west line of Section 7 a distance of 1266.5 feet and thence east 30 feet to a point on the east right-of-way line of U. S. Highway 61 for the point of beginning; thence north along said Highway right-of-way line 261.5 feet; thence due east to a point on the west right-of-way line of the Marion - Hulbert Cut-Off of the Frisco Railroad, thence in a southeasterly direction along said railroad right-of- way line to a point due east of the point of beginning, thence west 676.l~ feet to the point of beginning, be and the same is hereby rezoned B-2 General Business. SECTION II: That all ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION III: EMERGENCY CLAUSE: It is found and declared by the City Council of the City of West Memphis that this ordinance is necessary for 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. 3~ 1~3R A plat of McCarley Industrial Park that was not on the Agenda was presented. Alderman Bentley, seconded by Alderman Grimsley, moved that waive the rules and the plat be presented. Upon roll call vote, the voting was as follows: Aye: Aldermen: Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Horton, and King. No : None . Alderman Bentley, seconded by Alderman Grimsley, moved that Preliminary Plat of McCarley Industrial Park lying in the 1+~, Section 10, T6N, R9E, Crittenden County Arkansas, being 10.63 Acres be approved subject to the City engineer's approval of the right-of-way requirements and improvement plans. During discussion Alderman Cosgrove stated he would not vote on another map until have a general map of the adjoining property. Roll call vote on the motion to approve was as follows: Aye: Aldermen: Morris, Rodgers, Bentley, Cosgrove, Dickerson, Grimsley, Horton, and King. No : None . Mayor Ferguson announced Mrs. J. M. Copeland had been paid in full $28 750.00 for the fourth lot in the block of the City Complex. ~ The Mayor informed the Council the Public Works Bill had been passed in Congress and applications will be received on August 23, 1976. The matter was held in abeyance until the next Council meeting. City engineer Brawley elaborated on breakdown of equipment in the Sanitation Department, and that the used truck in Texas was purchased by someone else. Alderman Bentley, seconded by Alderman Morris moved to adjourn. Upon roll call vote, the voting was as follows: Aye: Aldermen: Morris, $odgers, Bentley, Cosgrove, Dickerson, Grimsley, and King.- No: Alderman; Horton. Motion Carried, ATTS _,._.. CITY APPROVED: AUGUST 19, 19?6 ~~~ ~_~ MAYOR -. ~: