May 5, 19771~~~UTES OF A R,EGU7~R ~~ +, ~~TG OF THE CITY' COU'~iCL7 C~' THE CIl*Y' OF Z~~~tE,ST
T~°~~LPH~S, ~~~a~1SaS,H~ OI~~ TIDE NTH DAY tE' I'~L~"3Y, 1977 •
The Ci~l;* Council_ of the City of ~~test Ntet~his, Arkansas, met in regular
sessi' on 3.n th+e Council Chamber oi' City Hal?_ in I~~Test 2~~emphis, .~rkansas,
at 1:30 s~rclock p.m., on the Sth day of ~~1a~, 2'77.
The fo?? o~~ix~ were present : Ps~aLror Jo~rce Ferguson, preszdix~g, and
A1dex~-z~ ~°I. R. Spencer, Lloyd ~^roode?~_, D. T1Z Grimsley, Char les
Hampton, J. E. Hightower, Pritchard Horton, Roberta Jackson, Doug
l~iorris, R. H. Ray, and Doug She:~_ton; and City .Pttorr~y R. I.,. Smith.
Absent : rdone .
A quorum being present, the folloti~:i.ng proceedings were had to-trit:
Rev. John Barnes of St. Dichae?ts Catholic Church offered prayer.
Alderman Grimsley, seconded by Alderman Spend, moved that minutes of
Council Deetings on April 21st and 2~th as included in the packet be
approved. Upon vote, the voting was as follo~rs:
Ay'e: aldermen: Spencer, ~~~oodel2, Grimsley, Hampton, Hightower, Horton,
Jackson, ~~orris, Ray, and Shelton
~To : acme.
I~iotion was made by Alderman 7~Toodel? , seconded by ~,Zder man Hampton that
waive rule in order that Dr. ~~'alter J. ears, Dean of Continuing
Education, Arkansas State University, Jonesboro, be given an opportunity
to speak to Council. Upon vote, the voting was as follows:
Aye: Aldertr~n: Spencer, ~°~oodel3_, Grimsley, Hampton, Hightota~r, Horton,
Jackson, Dorris, Ray, and Shelton.
No: bone.
Alderman j^,Toodel~. introd~.zced Dr. Mars, who elaborated on extending Arkansas
State University to other communities and offering off campus opportunities
on a three- prong level: degree orientation, community interest programir.~g
credit or noncredit, ax~l pz~ofessional development. Dr. T~iars recommended
an Assessment Study cost arrproximate~v $7,500.00 to obtain facts and
figures for the ~.~egislature, Foard of Higher Education and others. Also,
establishing a task force composed of repres®ntat~.ve~s of ASU, City Council,
and Board of Higher Education to make tong range plans. Dr« ~~7ars discussed
t~-ith Council. courses to be offered, responsibility of 7~~'est l~phis to
prcyvide a site, City o~~ned Tabernacle School Property being an excel.l,errh^
sate, qualified instructors, criteria, of Higher Board of Education for a
Center .
~~ayor Ferguson annm~nced citizens requests would be the next business
on the agenda. r~r. Charles Bro~~n, 516 Hamilton, requested decision
by the Council on .the little park property on Tyler Street. After
discussion as to who responsible to keep area; clean, recom'm~endation
of Park Commission that property not feasible for a park, various
suggesticros as to selling or leasing property, gas and utilities
in the area, Sunk cars, litter, enforcement of regu~.ati one, law
pertaining to removal of vehicles recently passed by Legislature;
the Gotnmittee previously appointed to coxu~ider the matter was re-
activated Alderman Horton, Chairman of the Committee, requested
additional members Charles Brown, Eddie Brawley, Jaryn Smith,
a representat~.ve of the Gas Company, Louise ~^~heeler, to serve
with previous appointed members aldermen Jackson, Hightower, Morris,
and City Attorney Smith. Date of Committee meeting was set ~.:OO p.m.
Wednesday, May 11, 19?7 at City Hall. Rick Gallagher was requested
to have committee members notified Tuesday or Wednesday.
An ordinance entitled "An Ordinance Accepting And Annexing To The
City of West Memphis, Arkansas, the North 1/3 Of The S~ Of
Section lt~, To~mship 6 North, .Range 8 East, Containing 13.3 Acres,
More or Less" was read the third titer by City Attorney Smith.
Alderman Grimsley, seconded by Alderman Spencer, moved that the
ordianance be adapted. The q~$ soon was put by the Mayor on the
adoption of the motion and the roll being called, the voting, was
as follows:
Aye: Aldermen: Spencer, Wooden, Grimsley, Hampton, Hightower,
Jackson, Morris, Ray, and Shelton.
No: None
Alderman Horton was absent from Council Chamber.
The Mayor announced the vote was unanimous on adoption of the
ordinance, and the ordinance was given i~o. 896.
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ORDINANCE N0. -
AN ORDINANCE ACC Pr':~?'TG AnTD r^iNNriLi?~?G TO THE CITY OF ~•~ST' ~t~~PHIS; ARKAI~ISAS,
T~ NORTH l~3 OF T?3E SE ~ OF T~ SE-~ OF SECTION 1~-, TOWNSHIP 6 NORTH, RANGE
8 EAST, C0.~1TAI~'dITfG 13.3 ACRES, :•iORE OR LESS
WHEREAS, J. C. Rainer, III, ~5n Rainer Foote anal iJell E. Rainer Levy
s~ ~
have instituted proceedings in the County Court of Crittenden Co~anty, Arkansas,
far the annexation of certain territory to the City of West rYlemphis, Arkansas;
and
• WHEREAS, such territory is contibuous to the City ofWest 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 o~' Crittenden County, Arkansas, has entered its
order of February 1~+, 1977, approving the annexation of such territory as
hereinafter u.escribed to the City and on March 17, 1977 entered its order con-
firming such annexation and it is necessary that the city accept such territory
before the annexation can. be completed and the territory hereinafter described
become apart of the City of West i~1em'pilis, Arkansas;
NOTrT, THEREFORE, LE IT ORDAIiu~D HY THE CITY COUNCIL OF THE CITY OF WEST
MEI~iPHIS, ARKANSAS :
SECTI0~1 I: That the territory hereinafter described be, and it is, hereby
accepted as apart of the City of West ~Y~emphis, t~.rl~ansas, to wit:
The N 1~3 of the SE ~ of tha SE ~ of
Section 1~-, ~'oT~mship 6 ?'forth, Range
8 East, containing 13.3 acres, more
or less.
SECTIO~V7 II: The the territory herein described be, and it is hereby,
attached to and incorporated in ~,~Tard 'TM:rTo of the City of ~~Iest P~~Ier~phis and shall
forthwith be considered and beco:~e apart thereof.
ADOifED this ~ day of ~Tf~ ~ /-~~ , 197? .
ATTEST : ____
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-""'City Clerl;
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An Ordinance entitled "An (3rdinance To Amend Section Five (s)
Of Ordinance No. 212" was read the third time by City Attorney
Smith. Alderman Spencer, seconded by Alderman Grimsley, maned
that the ordinance be adopted. The question was put by the
Mayor on the adoption of the motion and the roll being called,
the voting was as follows:
Aye: Aldermen: Spencer, ~~Toodell, Grimsley, Hampton, Hightower,
Horton, Jackson, Morris, Ray, and Shelton.
No : None .
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Mayor Ferguson announced the vote was unanimous on ;adoption of the
ordinance, and the ordinance wars given No. 897. 'i'he ordianance read
as follows:
ORDINANCE N0. ~_
AN ORDINANCE TO AMEND SECTION FIVE (5)
~ OF ORDINANCE N0. 212
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
MEMPHIS, ARKANSAS:
SECTION 1. Section Five (S) of Ordinance No. 212, dated
May 27, 1952, shall be amended to read as follows:
"It shall be his/her duty to devote his/her time and attention
tQ looking after all matters pertaining to the interests of the
City, and to-see to it that all persons in the service of the
City discharge and perform their respective duties promptly,
faithfully and efficiently, and to remove, as hereinbefore provided,
all such as do not; and the Mayor for his/her services shall be
entitled to receive as compensation or salary such sum as the
City Council may direct."
~~
PASSED AND APPROVED this .~..-
1977.
day of ~~ ~ ~,~
~~~1
MAYOR
ATTEST:
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CITY CLERK
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~ Alderman Horton requested. permission to vote on Ordinance ~Io. 896
as he was out of Council Chamber at time of roll call. Mayor
Ferguson advised that in accordance with Roberts Rule of Order
after a v ote is announced no changes or additions will be made .
Alderman Ray brought to ±:he Council's attention that change could
'` be made with fttl.l approval of the Council, and moved that Alderman
Horton be permitted to vote.
The motion was seconded by Alderman Shelton, upon vote, the voting
was as follows:
Aye: Alderm~~: Spencer, Woodell, Grimsley, Hampton, Hightower,
Jackson, Morris, Ray, and Shelton.
~To: none.
Alderman Horton voted Ay~~' as to adoption of Ordinance No. 896.
An ord~n~nce entitled "An Ordinance To Amend Section Five ~,~} 0f
Ordinance No. 188, Providing Regulaticros For Parking Vehicles On The Streets
Of West Memphis, Arkansas" was read the third time by City Attorney
Smith. Alderman Grimsley, seconded by Alderman Spencer, moved that
the ordinance be adopted. The question was put by the Mayor on the
adopption of the motion and the roll being called, the voting was
as fol3,ows :
Aye: Aldermen: Spencer, Woodell, Grimsley, Hightower, Horton, Jackson,
Morris, Ray and Shelton.
No : None .
Alderman Hampton was absent from Council Chamber.
Mayor Ferguson announced the vote was unanimous on adoption of the
ordinance, and the ordinance was given No. 898. The ordinance read as
follows
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Alderman Morris reported the Privilege License Committee had an
informal meeting, ar~d requested Deputy City Clerk Bernice Holland
prepare an updated list of unpaid privilege license. Another meeting
ofthe Committee z~a.ll be held when the list is received. Terminology
of the ordinance was brought to the Co`uncil~s attention by Alderman
Morris. During discussion of request for consideration of one
~1l
license fee for a pars on engaging in sesteral occupations by
Alderman Shelton, motion was made by Alderman Spencer, and seconded
to limit debate. Roll call vote on the motion was as follows:
Aye: Aldermen: Spencer, Woodall, Grimsley, Hightowrer, Jackson,
Morris, Ray, and Shelton..
No: None .
Alderman Hampton .abstained and Alderman Horton wa's not present in
Council Chambers. The Mayor announced the motion carried.
Alderman Ray, Chairman of th+e Police Commission; moved to iva~
rules to present an item on agenda pertaining to motorcycles. The
motion was seconded ~' Alderman Gr3,sley. Upon vot®, the voting
was as follows:
Aye: Aldermen: Spencer, Woodall, Grimsley, Hampton, Hightower,
Horton, Jackson, Morris, Ray, and Shelton.
r3o : None .
City Attorney Smith read. an ordinance entitled "An Ordince T o
Amend Section Two (2}, Paragraph Six (b}, Of Ordinance No. 7~0,
Declaring An ~ergancy And For Other Purposes". Alderman Grimsi ey,
seconded by Alderman Woodall, moved that the rule requiring the
reading of an ordinance ~.n full on three different days be sus-
pended and tht the ordinance be placed on its secox~ reading. The
Mayor put the question on the adoption of the motion and the rol_1
being called, the following voted:
Aye : Aldermen: Spencer, Woodall, Grimsley, Campton, Hightower,
Har~ton, Jackson, Morris, Ray, and Shelton.
~To: Nana.
Thereupon the M'or 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 axe. the rule suspended.
The ordinance was than read the second time by the City Attorney.
Alderman Horton, seconded by Alderman Jackson, then moved that the
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ORDINANCE N0. ~?
AN ORDINANCE TO AMEND SECTION FIVE C5) OF
ORDINANCE N0. 188, PROVIDING REGULATIONS
FOR PARKING VEHICLES ON THE SKI'S OF
WEST MII~IPHIS, ARKANSAS .
BE IT ORDAINID BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS:
SECTION I. Section Five C5) of Ordinance No. 188, dated
October 2~, 1950 shall be amended to read as follows:
"Section 5. Parking on streets overnight
No person shall stop or park any vehicle and leave said vehicle
unattended from 12:01 A.1~1. to 6:00 A.M. on the improved or main traveled
portion of any of the streets of the City of West Memphis, Arkansas: nor,
shall a person park a truck with a capacity of one (1) ton or more
capacity in any residential zone for more than four (~} hours within
one (1} calandar day; nor, shall any nonself-propelled vehicle be parked
on the streets of the City of West Memphis, Arkansas for more t'nan eight (8}
hours in one (1) calendar day".
PASSED AND APPROVID this ~ day of ~~ ~ ~ x.977 •
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MAYOR
ATI~'.ST
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CITY CLERK
.ry. {~'~i :i
resd.~n~
rule r®quiring the ~ia~ of an ordinance in on three different
days be further suspended and that the ordinance be placed on its
third reading. The Mayor put the questian on the adoption of the
motion and the roll being called the following votedt~:
Aye: Aldermen: Spencer, ZrJ'ovdell, Grimsley, Hampton, Hightower,
Horton, Jackson, 2~iorris, Ray, and Shelton.
rho: none.
The r~iayor declared that at least two thirds o~" 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 ord~.nance
~~s then read the third time by the City Attorney. Alderman Spencer,
seconded fY A ~.derman Hightower, moved that the ordinance be adapted .
Chief of Police Keen informed the Council of numerous complaints as
to noise caused by operation of ma+~orcycles of motor-dri~ren cyc_l.es.
.+'~lso, the vouncil ~ra,s ins"armed a, Gran~~ had no~.~ been rece`ved ~'ar a
p~~cnosed h~.~~e~c,r~i~_. After d~_se~?ss`~~?n, the questio?~ eras taut bar the
~~~ayor on the adoption of the m of i ar_ and the roll being called, the
follc~ring voted:
Aye: Aldermen: Spencer, ~~Toodell, Grimsley, Hampton, Hightower,
Horton, Jackson, Morris, Ray, and Shelton.
Iv~o: None.
Alderman Woodall, seconded by Alderman Jackson, moved that Section 2,
the emergency clause, be adapted, and on roll ca11 the following voted:
Aye: Aldermen: Spencer, b~Toodell, Grimsley, Hampton, Hightower, Horton,
Jackson, ~iorri s, Ray, and She~!#~,on.
I~y o : ~~T one .
The T~~ay~or thereupan dec~.a,red ~-.he ordin3rlce and -the emergency clause
adox~ted and s~_gn~;d the ard~_nance, srhi ch was attested by the C-1 t~t
Clerk and impressed with the seal of the Cit4r. TI~e ordinance was
given r,o. 84o, and read as follo~rs:
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ORDINA'VCE N0. ~_
AN ORDINANCE TO A1~~ND SECTION TWO (2) ,
PARAGRAPH SIX (6), OF ORDINANCE N0. 740,
DECLARING AN EMERGENCY AND FOR OTHER
PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ~rTEST
~tEI'~PHIS , ARKANSAS
SECTION ONE. Section Two (2), Paragraph Six (6) of
Ordinance No. 740 is amended to read as follows:
"No motorcycle or motor-driven cycle shall be operated
in any manner so as to cause a disturbance in any area of the
City. Touring, stunting, or racing of motors are prohibited
in any hospital or nursing home area, and it is also unlawful
to operate a motorcycle within one-quarter (1/4) mile of any
residence except on a regularly established public street."
SECTION TWO. Emergency Clause. Whereas, the disturbance
from motorcycles and motor-driven cycles in the residential
;areas of the City of U;est Memphis, Arkansas has become annoying
to the residents of our City, and this Ordinance being necessary
for the preservation of the public peace, health, safety, and
welfare of the citizens of West Memphis, Arkansas, an emergency
is hereby declared to exist, and this~Ordinance shall be in full
force and effect iaunediately upon passage and approval.
PASSED AND APPROVED this __~'~` day of May, 1977.
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r~YOx
ATTEST:
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CITY CLERK ~`
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Alderman.Hightot~er repot±.ed the committee had accepted bids for the
mosqui~,o control program and the lo~~ bid was received from ~'Ic'~~eely
Flying. Service, Earle in amoun+, of ~12,750.OC that would include
five sprayings and an option for the bth. After consideration,
Alderman Grims~.ey ', seconded by' Alderman Ray, moved to accept
the low bid , Upon vote, the voting Maas as f ollcurs
i
Aye: Aldermen: Spencer, Woodell, Grimsley, Hampton, Hightower,
Horton, Jackson, Morris, Ray .and Shelton.
No: Done.
Motion was made by Alderman Shelton, seco~led by Alderman Hampt~tin,
for a five minute recess. Motion carried
(RECESS
Mayor Ferguson called the meeting t o order .
Alderman Morris reported the Fire Commission had met ax~3 received
three bids for replacement of fire engine that blew-up to diesel.
The bids received were as follo~rs
Acme Fire Apparatus,, Nashville ~12,1t}l.OQ
z VZCO CSI Diesel, Snc., Memphis 10,6~0,t~
~.
A. O. Smith, Memphis 9,954.UC
Alderman Morris, seconded by Alderman Grimsley, moved that accept
the low bid of A . C. Smith in amount of $9, 90.0(3. Upon vote, the
voting was as follc~rs:
Aye: Alderman: Spencer, Woodall, Grimsle9', Hampton, Hightowoer,
Horton, Jackson, Morris, Ray, and Shelton.
No: None.
The Fire Commission recommended that requests to borrow fire hose
to fill swimming pools be referred to the Utility Committee as the
Fire .Department budget did not include purchase of additional hose
in 1977• Also a letter from four firemen hired under CErA be
referred to Civil Service Commission as the Flare Commission has
no jurisdiction in the matter.
Alderman Roberta Jackson, Chairman of the Sanitation Committee,
requested informat2on on obtaining garbage racks for 12th and
13th streets and a trailer park. Mr. Avery informed Alderman
Jackson additional racks are being built by High school students,
and when available will be placed by the Street Department. An
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ordinance prohibiting use of 5a gal drums for garbage was brought
to the Council's attention.
Alderman Hampton of the Street Committee reported in prc~ess of
obtaining information for blacktop bids, however, due to sewer
line trouble on S . 8th Street may be delayed fifteen days before
can ad~rertise for bids. Inquiry as to water running on Thompson
Street in back of Fred's Dollar Store was brought to the attention
of Alderman Hampton.
Alderman Grimsley presented recommendat3ans from the Utility
Committee meeting, and maned that permission be given to accept
the low bid of National II.ectric Supply Comparry~ in the amount of
$2,1?5.00 for a transformer for Burger King; .and Burger Ka.r~g is to
pay;' ~ da~ffere~tce between low bid and best delivery of the
Padmovnt transformer. The motion was seconded by Alderman Morris.
Upon vote, the voting was as follows:
Aye: Aldermen: Spencer, Woodall, Grimsley~° , Hampton, Hightower,
Horton, Jackson, Morris, Ray, and Shelton.
No: None. _
Lotion s made by Alderman Grimsley, seconded by .Alderman Shelton
that permisabn be given to advertise far bids for extension of the
Second Street substation. Upon vote, the voting was as follows:
Aye: Aldermen: Spencer, Woodall, Grimsley, '.~Hatrrpton, Hightower,
Horton, Jackson, Morris, Ray, and Shelton.
No: None.
Alderman Grimsley ar~,aunced the Utility Commi~~ee will meet at
?~ P.M. next Tuesday unless otherwise notified.
Alderman Shelton announced the (3rdinance Committee will meet the
second Tuesday of each month, unless notified have no business.
Alderman Woodall of the Higher Education Committee reported East
Arkansas Cot'mnunir College has withdrawn classes froth West Memphis
this fall. After discussion Alderman ~Toodell, seconded byy
Alderman Grimsl ~
ey, moved that the City Attr~rney be requested to
draft a resolution to be sent to Dr. Hoarce Hartsell to be
presented to his Board cotm~ending them for their assistance
efforts and integrity, b Upon vote, the voting was as follows
Aye : Aldermen: Spencer, ~rroodell, Grimsley~ Hampton, Hightower
Horton, Jackson, Morris, Ray, and Shelton.
No: None.
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Alderman Woodall recomt~ended a committee be established of members
of t1c~e Council to recommend what City facilities would be available
for college classes and what fee should be collected from the
students at time of enrollment for the City. Mayer Ferguson,, appointed
a Special Committee of Aldermen T~~Toodell, Ray, Jackson, Hightower,
and Morris.
Utilities, auction axed changing of locks at the City ~ s Tabernacle
Baptist property were discussed.
I~~yor Ferguson commented on request of the City for $500,000.00
under the Public Works Act for a City Shop, and the matter is being
delayed until President Carter takes. action on the Act. Mayor
Ferguson announced Hollis Warren had retired, and certificate of
Appreciat~.on will be presented at the next Council meeting. The
Mayer `~ ommended Jay ir: o ods and the Committee for the 50th Birthday
ce~.sbration. Alderman Rays' sec~+ded ~'` Alderman Jackson, r®quested
that City Attorney prepare resolution for recognition of Jay`' Woods
and the Committee and Alderman Charles Hampton for his efforts in
obtaining donations for the celebration. The va~ing was as follows :
Aye : Aldermen.: Spencer, Woodall, Grimsleg, Ha~mton, Hightower,
Horton, Jackson, Morris, Ray, and Shelton.
No: None.
N~yor Ferguson expressed appreciation for assistance of City employees
in the celebration and the souvenir edition published by the Evening
Times. Alderman Ray, seconded by Alderman Spencer recjuested City'. ,
Attorney prepare resoluution for Evening Times for the 50th Birthda~r
Anniversary~~;~dition. Upon vote, the doting was as follcn~rs:
Aye: Alderman: Spencer, 3rToodell, Grimsley, Hampton, Hightower,
Horton, Jackson, It2orri s, Ray, and Shelton.
No: Done.
The Iviayor e~aressed appreciation for the Memphis newspaper also.
I~totion was made bY' Alderman Grimsley, and seconded to adjourn.
Upon vote, the voting was as follows:
Aye : Aldermen: Spencer, Woodall, Grimsley, Hampton, Highto~~ar,
Horton, Jackson, Morris, Ray, and Shelton.
1`30: None.
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There being no further business to come before the council,
the meeting adjourned.
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Mayor
ATTEST:
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.M..~
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City Clerk