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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. . ;,, i ~` ~` ~-~ _~' / 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 : ____ ~ ~ i ~ ~L~ _ ~ -""'City Clerl; ~- y ~. , 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 . :~--. r ~..' ~ ~! w ~~' ~~ 3 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: ., ~~ ~' ~ \~ ~__. CITY CLERK ,-~ ~ 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 . ~' ':~ 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 .63 ~- <-~ 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 • ~ ~~ MAYOR ATI~'.ST ,~ _'~~+~ ~~~ 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: ~. ~;~ 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. ~ ~~ ~~ r~YOx ATTEST: f ~~ ~ ~' ~._ /. ~" CITY CLERK ~` 1 6 ~l ~~ 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 4 ..~ 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. ~~` -.. 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. ~~ ~~ ;. There being no further business to come before the council, the meeting adjourned. ~~ Mayor ATTEST: _, .M..~ ~~. City Clerk