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June 2, 1977MINUTES REGULAR MEETING OF THE WEST MEMPHIS CITY COUNCIL JUNE 2, 19 7 7 A regular meeting of the West Memphis City Council was held in the Council Chamber at City Hall in West Memphis, Arkansas, on June 2, 1977. Present were: Mayor Joyce T. Ferguson City Attorney Robert Smith Aldermen: Don Grimsley Charles Hampton Pritchard Horton Roberta Jackson Doug Morris R. H. Ray Doug Shelton W. R. Spencer Lloyd Woodell being a quorum. Alderman James Hightower was absent. Prayer was offered by Rev. Bill Garner, Vanderbilt Baptist Church. The Mayor announced that this was the time set for hearing objections and suggestions concerning the issuance of Industrial Development Revenue Bonds. The Mayor also stated that the notice of the contemplated issuance of the bonds and of the meeting on this date for hearing objections and suggestions has been duly published as re- quired by law. She then called upon anyone present who desired to do so to present objections and suggestions. As no one came forward to 1 protest or to offer suggestions, the Mayor declared the .hearing closed. The Mayor announced the necessity of either approving or cor- recting the minutes of May 19, 1977, as sent in the packet. Alderman Jackson made a motion the minutes be approved. Upon motion being duly seconded and voice vote, the minutes of May 19, 1977, were approved. The Mayor announced that this was the time set in public notices for the opening of bids on Community Development Projects South Seventeenth Street from Harrison Avenue to Broadway and the renovation of Wonder Swimming Pool. The Mayor stated no other bids will be received after this time. Bids opened on Seventeenth Street were as follows: Folk Construction Co. ,Memphis, Tenn. $228, 839. 50 Markwood Construction Co., Memphis, Tenn. $224, 257. 00 Woodstock Pipeline & Construction Co. ,Memphis, $208, 620. 53 Tenn. Alderman Horton made a motion that the attorney, architect and engineer be given the authority to examine the bids and award the bid. Upon motion being duly seconded and voice vote, it was unanimously (C. Dev. RESOLVED, That the attorney, architect award cont. and engineer be and they hereby are given on 17th St.) the authority to examine the bids and a- ward the bid. Bids on the renovations to Wonder Swimming Pool were as follows Contractor Base Bid Alt. #1 Alt. #2 (Delete Chain (Delete Conces- Link Fence) sion Work ) Heath & House $112, 499. 00 $612. 00 $1, 435. 00 Manning Lumber $117, 400. 00 $300. 00 $850. 00 Alderman Ray made a motion that the bids be examined by the attorney, architect and engineer for the project and to take the matter under advisement. Upon motion duly seconded and voice vote, it was unanimously (C. D. S. Pool RESOLVED, That the attorney, architect take under adv.) and engineer be and they hereby are .authorized to examine the bids and take the matter under advisement. The Mayor announced the next item on the agenda to be citizen's requests. Mr. Hubert Hartzlar, Calvary Christian School, 1611 N. Washington, Forrest City, Arkansas, came forward and asked ~- for the use of the Tabernacle gym from November 1 through March 3, on Monday, Tuesday and Friday nights. Alderman Ray made a motion that this be taken under advisement. Upon motion being duly seconded and during discussion, the Mayor stated that physical fitness programs had been scheduled for the fire, police and utility departments and that other requests have been received. Upon voice vote, it was unanimously RESOLVED, That this matter be taken under advisement. In answer to Alderman Shelton's question on time limit, Mr. Hartzlar stated the latest he could be notified would be within the next month. The Mayor stated Mr. Hartzlar would be notified as to the decision on the use of the gym. Mayor Ferguson presented a distinguished service award to Ms. Ann Passmore who made the City Flag for the city's Fiftieth Birthday celebration. Mayor Ferguson also presented a distinguished Service award to Mr. James M. Woods for his excellent work in coordinating the festivities for the birthday celebration. Mr. Woods (Tab. gym take u. adv. ) commended the committee and the department heads for their work and cooperation. The Mayor asked the council's permission to consider at this time the ordinances concerning the Reflexion Industries, Inc. , bond issue. Alderman Grimsley made a motion to consider the ordinances at this time on the agenda. Upon motion duly seconded and unanimously carried by voice vote, the council agreed to consider the ordinances at this time on the agenda. The Mayor recognized Morris Fair who dis- tributed and read a memorandum to the Mayor and Council concerning a payment in lieu of tax agreement. Mike O'Neal commented on the potential of the industry. Mr. Fair commented that he doesn't think there is a better way for the city to arrive at what a fair payment in lieu should be than as in the instance of the tax assessor's letter. (letter and memo follow:) ~~ lu 100 NORTH MAIN BUILDING SUITE 3330 MEMPHIS, TENNESSEE 38103 MEMORANDUM To: The Mayor and Members of the- City Council of the City of West Memphis From: Morris H. Fair , President, UMIC, Inc, _ ' Date: June 2, 1977 Re: $320, 000 City of West Memphis, Arkansas Industrial Development Revenue Bonds Reflexion Industries, Inc. At your regular meeting on April 21, 1977, the council tentatively approved issuance of the bonds referred to above. We are now requesting that you adopt 2 ordinances one authorizing the issuance of these bonds and a separate ordinance authorizing the mayor and city clerk to execute the Trust Indenture, Lease and other agreements required for the closing of this bond issue. One of the additional agreements will be an underwriting agreement authorizing the sale of -these bonds to UMIC, Inc. Reflexion Industries, Inc. will also execute a payment in lieu of tax agreement prior to the closing of this issue. The form of this agreement will be essentially the same -as the agreement signed by Delta Case. Representatives of Reflexion Industries requested and obtained from the county tax assessor a current appraisal and assess ment of the real property to be financed by this bond issue and owned b the c i 1993 or until the bonds are fully paid. Based on this current assessment a real property '~"a~z payment in the amount of $1027.90 would be required. The payment in lieu of tax - agreement requires the company to pay $1027.90, on or before October 1 of each year beginning in 1978 and ending in 1993 or whenever the bonds are paid in full. This amount will be paid to the city and if the city council so determines, reallocated to other taxing bodies. Prior#o discussion-of the proposed--ordinances and -other agreements; ~ wotrid like to-- - suggest that we hear from Mr. Mike O'Neal or his attorney, Mr. Powell Rainey, both of whom are here today representing Reflexion Industries. After his comments, we can answer any questions concerning these requests. Mr. William P. Rainey, Attorney 600 No. Missouri West Memphis, Arkansas, 72301 Dear Pal: According to our conversation on the land and building values for Reflexion., Inc.-, the assess- ment value is $13,525.00, which means $1,027.90 taxes for the year 1977. If we can be of further assistance, please do not hesitate to call us. V y truly yours, 0 Herman C. Phillips Assessor - Crittenden County HCP:mt Mr. Fair recommended that the council adopt this figure as payment in lieu of taxes. Alderman Hampton made a motion that the council accept the figure of $1027.90 as stated to Mr. Rainey by Tax Assessor Herman C. Phillips. Alderman Horton seconded the motion. Alderman Shelton made a motion to amend the motion to include the words if property values increase and the property is reassessed later, the city should get more money. Alderman Jackson seconded the motion. During discussion, Mr. Fair advised that the city will own the property and will not be subject to any re-evaluation. Alderman Jackson with- drew her second to the motion; Alderman Shelton withdrew his motion. Upon voice vote on the original motion, it was unanimously RESOLVED, That the figure of $1027.90 be and hereby is accepted as payment in lieu of taxes annually by Reflexion Industries, Inc. , to the City of West Memphis. (Reflexion p. i. 1. o. t.) Alderman Horton introduced an ordinance entitled: An Ordinance authorizing a Lease and Agreement by and between the Cit~i of West Memphis, Arkansas, as Lessor, and Reflexion Industries, Inc. , as Lessee, in Substantially the Form and with the Contents set Forth and Made a Part of the Ordinance; Authorizing the Execution and Delivery of the Lease and Agreement; Prescribing Other IVi~,tters Re- lating Thereto; and Declaring an Emergency. V City Attorney Robert Smith read the ordinance in full. Alderman Ray, seconded by Alderman Hampton, 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 o~the motion and the roll being called, the following voted aye: Aldermen Grimsley, Hampton, Horton, Jackson, Morris, Ray, Shelton, Spencer and Woodell and the following voted 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 by the City Attorney. Alderman Shelton, seconded by Alderman Spencer 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: Grimsley, Hampton, Horton, Jackson, Morris, Ray, Shelton, Spencer and Woodell and the following voted nay : None The Mayor declared that at least two-thirds of all members elected to the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read by the City Attorney. Alderman Morris, seconded by Alderman Woodell, 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: Grimsley, Hampton, Horton, Jackson, Morris, Ray, Shelton, Spencer and Woodell and the following voted nay: None Alderman Grimsley, seconded by Alderman Horton, moved that Section 5, the emergency clause, be adopted, and on roll call the following voted aye: Aldermen : Grimsley, Hampton, Horton, Jackson, Morris, Ray, Shelton, Spencer and Woodell and the following voted nay: None. The Mayor thereupon declared the ordinance and the emergency clause adopted and signed the ordinance, which was attested by the City Clerk and impressed with the seal of the City. Tlie ordinance was given No. 900. ~ ~. ORDINANCE N0. ~? ~+ AN ORDINANCE AUTHORIZING A LEASE AND AGREEMENT BY AND BETWEEN THE CITY OF WEST MEMPHIS, ARKANSAS, AS LESSOR, AND REFLEXION INDUSTRIES,INC., AS LESSEE, IN SUBSTANTIALLY THE FORrS AND ~dITH THE CONTENTS SET FORTH AND MADE A PART OF THE ORDINANCE; AUTHORIZING THE EXECUTION ArTD DELIVERY OF THE LEASE AND AGREEMENT; PRESCRIi3ING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY. BE IT ORDAINED by the City Council of the City of West Memphis, Arkansas: Section 1. That there be~, and there is hereby authorized the execution and delivery of a Lease and Agreement (the."Lease Agreement") where-in the City of West Memphis, Arkansas (the "City"), is Lessor, and Reflexion Industries, Inc., an Arkansas corporation ("Reflexion"), is Lessee, in substantially the form and with substantially the contents hereinafter set forth, and the Mayor and City Clerk be, and they are hereby, authorized to execute, acknowledge and deliver the Lease Agreement for~and on behalf of the City. The form and contents of the Lease Agreement, which are hereby approved and which are made a part hereof, shall be substantially as follows: Section 2. That the Mayor and City Clerk be and they are hereby, authorized and directed, for and on behalf of the City,. to do all things, execute all instruments and otherwise take all action necessary to the realization of the City's rights and to the discharge of the City's obligations as Lessor under the Lease Agreement. ---- ~. Section 3. That the provisions of this Ordinance are hereby declared to be separable, and if any section, phrase or pro- vision shall, for any reason be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases or provisions. Section 4. That all ordinances and parts of ordinances in conflict herewith are hereby repealed to the extent of such conflict. Section 5. That there is hereby found and declared to be an immediate need for the securing and developing of industry at the City in order to provide additional employment and increased payrolls, alleviate unemployment and provide other benefits incidental to the operation of a substantial industry, and the execution and delivery of the Lease Agreement authorized by this Ordinance are necessary for the accomplishment of these public benefits and purposes. It is, therefore, declared that an emergency exists, and this Ordinance, being necessary for the immediate preservation of the public peace, health and safety, shall be in force and take effect immediately upon and after its passage. -.--.. PASSED: ~~~ ~'~ ~ ~- ~ , 1977. APPROVED: ATTEST: tel. ~ By / , . ~~ _ ~ Mayor ~... ~~ ity Clerk (SEAL} Alderman Shelton introduced an ordinance entitled: An Ordinance Authorizing the Issuance of Industrial Development Revenue Bonds under Act No. 9 of the First Extraordinary Session of the Sixty- Second General Assembly of the State of Arkansas, Approved January 21, 1960, As Amended, for the Purpose of Providing Permanent Financing of the Costs of Securing and Developing Industry (The Particular Industrial Project is Described in the Ordinance); Authorizing the Execution and Delivery of a Trust Indenture Securing the Bonds; -Authorizing and Prescribing other Matters Pertaining to the Acquisition, Construction and Equipment of the Industrial Project and the Financing Thereof; and Declaring an Emergency. City Attorney Robert Smith read the ordinance in full. Alderman Jackson, seconded by Alderman Grimsley, moved that the rule re- quiring the reading of an ordiance 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: Grimsley, Hampton, Horton, Jackson, Morris, Ray, Shelton, Spencer, Woodell and the following voted 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 by the C~.ty Attorney. Alderman Shelton, seconded by Alderman Jackson 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: Grimsley, Hampton, Horton, Jackson, Morris, Ray, Shelton, Spencer, and Woodell, and the following voted nay: None. The Mayor declared that at least two-thirds of all members elected to the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read by the City Attorney. Alderman Morris, seconded by Alderman Woodell, moved that the ordinance be adopted. The question was put by the Mayor on the adoption of the motion and the ro 11 being called, the following voted aye: Aldermen: Grimsley, Hampton, .r Horton, Jackson, Morris, Ray, Shelton, Spencer and Woodell. The following voted nay: None. Alderman Woodell, seconded by Alderman Ray, moved that Section 7, the emergency clause, be adopted, and on roll call the following voted aye: Aldermen: Grimsley, Hampton, Horton, Jack- son, Morris, Ray, Shelton, Spencer and Woodell. The foll owing voted nay: None. -- The Mayor thereupon declared the ordinance and the emergency clause adopted and signed the ordinance, which was attested by the City Clerk and impressed with the seal of the City. The ordinance was given No. 901. AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL DEVELOPMENT REVENUE BONDS UNDER ACT NO. 9 OF THE FIRST EXTRAORDINARY. SESSION OF THE SIXTY-SECOND GENERAL ASSEMBLY OF THE STATE OF ARKANSAS, APPROVED JANUARY 21, 1960, AS AMENDED, FOR THE PURPOSE OF PROVIDING PERMANENT FINANCING Or THE COSTS OF SECURING AND DEVELOPING INDUSTRY (THE PARTICULAR INDUSTPIAL PROJECT IS DESCRIBED IN THE ORDINANCE) AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUS~ INDENTURE SECURING THE BONDS; AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING TO THE ACQUISITION, CONSTRUCTION. AND EQUIPMENT OF THE INDUSTRIAL PROJECT AND THE FINA,~ICING THEREOF; AND DECLARING AN EMERGENCY. WHEREAS, the City of Trtest Memphis, Arkansas (the "city") is~ authorized by Act No. 9 of the First Extraordinary Session of the Sixty-Second General Assembly of the State of Arkansas, approved January 21, 1960, as amended ("Act No. 9"), to acquire lands, construct and equip facilities and to incur other costs and expenses and mike other expenditures incidental to and for the implementing and accomplishing of the conduct of manufacturing operations; and WHEREAS, the City is authorized by Act No.. 9 to issue Industrial Development Revenue Bonds payable from revenues derived ~: from the Industrial Project so acquired and constructed and secured by a lien thereon and security interest therein; and WHEREAS, the necessary arrangements have been made with Reflexion Industries, Inc., an Arkansas corporation ("Reflexion"), for expansion, equipment and improvement of its existing manufacturing plant consisting of lands, buildings., improvements, machinery, equip- ment and facilities which will be utilized for the manufacturing of such products as Reflexion shall elect to manufacture (the "Project") and issuing Bonds, is being furnished by the City issuing Industrial Development Revenue Bonds under the provisions of Act No. 9 (the "Bonds ") ; and WHEREAS, the Bonds are to be sold and issued in series, w~.~-h there being initially issued Series 1977 Bonds in the principal amount, bearing interest, maturing and subject to redemption as hereinafter set forth in the form of Indenture authorized by this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Memphis, Arkansas: Section 1. That there be, and there is hereby authorized and directed the following: (a) The sale of the Series 1977 Bonds to UMIC, Inc., Memphis, Tennessee, and the execution by the Mayor and City Clerk of a commitment with such purchaser for the price and pursuant to the terms recommended by Reflexion (a copy of which shall be f i led in the office of the City Clerk) ; (b) The acquiring, constructing and equipping of the Project, and in connection therewith, the execution of contracts, and the acceptance of assignments of contracts, for the acquiring, constructing and equipping of the Project; and (c) The performance of all obligations of the City under the Lease Agreement pertaining to the acquiring, constructing and equipping of the Project and the performance of all obligations of the City under the contracts referred to in (b) above; and Section 2. That the issuance of the Bonds from time to .time is hereby authorized, and the immediate delivery of the. Series 1977 Bonds is hereby authorized. To prescribe the terms and conditions upon which the Bonds are to be executed, authenticated, issued, accepted, held and secured, the Mayor is hereby authorized and directed to execute and acknowledge a Trust Indenture (the "Indenture"), and the City Clerk is hereby authorized and directed to execute. and acknowledge the Indenture and to affix the seal of the City thereto, and the *~~ayor and City Clerk are hereby authorized and directed to cause the Indenture to be accepted, executed and acknowledged by the Trustee. The Indenture, which constitutes and is hereby made a part of this Ordinance, shall be in substantially the following form, to wit: r SPr_+- i nn ~ _ That the Mayor and City Clerk, for and on behalf of the City, be and they are hereby, authorized and directed to do any and all. things necessary to effect the execution of the Indenture, its execution and acceptance by the Trustee, the performance of all obligations of the City under and pursuant to the Indenture, the execution and delivery of the Series 1977 Bonds, and the performance of all acts of whatever nature necessary to effect and carry out the authority conferred by the Indenture and by this Ordinance. That the Mayor and City Clerk be, and they are hereby, further authorized and directed, for and on behalf of the City, to execute all papers, documents certificates and other instruments that may be required for the carrying out of such authority or to evidence the exercise thereof. Section 4. That the City is here involved with the acquiring, constructing and equipping of industrial facilities, and therefore competitive bidding is waived, pursuant to acplicable laws of the State of Arkansas, including particularly Act No. 9. Sec~tiori 5. That the provisions of this Ordinance are `' hereby declared to be separable, and if any section, phrase or pro- vision shall for any reason be declared to be invalid, such delcaration shall not affect the validity of the remainder of the sections, phrases and provisions. S~e~cti~on 6.. That all ordinances, resolutions and ~ parts thereof in conflict herewith are hereby repealed to the extent of such conflict. Section 7. That there is hereby found and declared to be an immediate need for the securing and developing of industry in order to provide employment and payrolls, alleviate unemployment and otherwise benefit the public health, safety and welfare of the City and the inhabitants thereof, and the issuance of the Bonds authorized hereby and the taking. of the other action authorized hereby are immediately necessary for the accomplishing of these public benefits and purposes. It is, therefore, declared that an emergency exists and this Ordinance being necessary for the immediate preservation of the public peace, health and safety shall be in force and effect immediately upon and after its passage. PASSED : ~~ ~;~rL`' ~" 19 7 7 . APPROVED: ,, ATTEST : ~"~ .~ ` -~ Mayor _ 1 ~ y Clerk (SEAL) Mr. John O'l~Teal, Mr. Hershal Wright, Mr. Morris Fair and Mr. W. P. Rainey all expressed appreciation for the cooperation of the West Memphis City Council_ and the Mayor. The Mayor announced the first item of old business to be the matter of the Boy's Clubs and. asked Mr. Bob Cosgrove and Mr. S. E. Holbrook to come forward to speak to the council. Both presidents of the Boy's Clubs stated the intent to merge and the feeling that a building should be provided for the Wonder Boy's Club. After discussion, Alderman Ray made a motion that a committee of Alderman Shelton and Alderman Jackson to work with Mr. Cosgrove and Mr. Holbrook on the merger. Upon motion being duly seconded and voice vote, it was unani~rnously agreed that the Mayor appoint the committee. Mayor Ferguson appointed Alderman Shelton and Alderman Jackson with Alderman Shelton as chairman, to work with Mr. Cosgrove and Mr. Holbrook on the merger of the boy's clubs. After afive-minute recess, the Mayor called the meeting back to order at 3:00 p. m. and announced the next item of old business to be the second reading of an ordinance to amend Ordinance 586 concerning the building code. City Attorney Smith read the ordinance the second time. Alderman Horton made a motion to adopt the ordinance on the second reading. Alderman Woodell seconded the motion and upon roll call -vote, it was unanimously, RESOLVED, That the ordinance to amend Ordinance 586 concerning the building code 2nd R. be and hereby is adopted on the second (Insp. Dept. reading. amend 586) City Attorney Robert Smith read for the second time an ordinance to amend Ordinance 710 concerning fire prevention. Alderman Morris made a motion to adopt the ordinance on the second reading. Alderman Spencer seconded the motion and upon roll call vote, it Was unanimously RESOLVED, That the ordinance to 2nd R. amend Ordinance 710 concerning fire (Insp. Dept. prevention be and hereby is adopted amend 710) on the second reading. City Attorney Robert Smith read an ordinance for the second time to amend Ordinance 899 concerning motorcycles. Alder- man Shelton made a motion to adopt the ordinance on the second reading. Alderman Morris seconded the motion and upon __discussion and roll call vote, it Was unanimously RESOLVED, That the ordinance to amend Ordinance 899 concerning motorcycles be and hereby is adopted on the second reading. City Attorney Robert Smith read an ordinance the second 2nd R. (motorcycle ord.) time amending Ordinance 715, Sec. 14, increasing fee for zoning appli- cation. Alderman Grimsley made a motion to adopt the ordinance on the second reading. Upon motion being duly seconded and roll call vote, it Was unanimously 2nd R. RESOLVED, That the ordinance to (Planning amend Ordinance 715, Sec. 14 to Comm. increase the fee for zoning applica- increase fee) tion be and hereby is adopted on the second reading. The Mayor announced the first item under neW business to be ~an ordinance to= amend Ordinance 715, Section 8. 2 as recommended by the Planning Commission. City Attorney Robert Smith read the ordinance the first time, Alderman Hampton having introduced .the ordinance. After discussion, Alderman Ray moved the rule requiring the reading in full on three different days be suspended. Alderman Hampton seconded the motion. Upon roll call vote, the motion unanimously carried and the rules were suspended. City Attorney read the ordinance the second time. Alderman Shelton moved the rule requiring the ordinance read on three different days be further suspended. Alderman Spencer seconded the motion and upon roll call vote, the rule was further suspended. City Attorney read the ordinance the third and final time. Alderman Morris moved the ordinance be adopted. Alderman Woodell seconded the. motion and upon roll call vote, the ordinance was unanimously adopted on the third reading. Alderman Horton moved section:.3;~~ the emergency clause be adopted. Alderman Jackson seconded the motion and upon roll call vote, the ordinance and the emergency have been adopted. The number given the ordinance is 902. AN ORDINANCE TO AMEND SECTION 8.2 OF ORDINANCE NO. 715 OF WEST MEMPHIS, ARKANSAS DECLARING AN EMERGENCY AND FOR OTHER PURPOSES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1. Section 8.2 of Ordinance No. 715 of the City of West Memphis, Arkansas, is hereby amended to include, in addition to the provisions heretofore adopted, under the subdivision entitled "Cold Process" for tire recapping shop, the following: Cold process tire recapping shall also be allowed, from this date, on lands zoned B-2, provided that a special zoning permit has been requested of and is approved and granted by the Board of Adjustment, or other authorized city off ice or agency of the City of West Memphis. It is further provided that each request for such special zoning permit must be applied for, considered, and ruled upon separately and on a case by case basis. f Section 2. All of the ordinances or parts of ordinances in conflict herewith are hereby repealed. ~: Section 3. It being found and determined by the City Council of the City of West Memphis, Arkansas, that a new industry proposes to locate in the City and this amendment is immediately necessary in the interest of uniform regulations and orderly growth, development and expansion of the City of West Memphis and is in the interest of the health, safety, and welfare of the inhabitants of said City, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect from and after its passage and approval as required by law. ADOPTED this day of ~ ~' "'~ ,~~ , 1977 . CITY BY: WEST MEMPHIS ~~ Ui ~ ~L ' Attest: ~. ~ `'----"CHARLES F . DEGRAFF , C I~'Y ERK .tom l ' SON, MAYOR Alde rrr~an Grimsley, Chairman of the Utility Committee, made a motion to accept the lovv bid from Westinghouse Electric Supply Co., of $9, 505. 00 for transformer for Boise Cascade, Alderman Ray seconded the motion and upon voice vote, it eras unanimously RESOLVED, That the love bid from .Westinghouse Supply Co. , be and hereby is accepted for the transformer for Boise Cascade. (Utility D. transformer for Boise C) Alderman Woodell, Chairman of the Steering Committee for `~I-Iigher Education, reported that the advisory committee, chaired by Alderman giampton had met and had received donations toward grants €or students. Mr. Woodell proposed that the committee should be a .. permanent committee:,Ch~.s~ampton, John Gammon, W. K. Ingram, G'~.~od.+~ Qk~r e f r ~ L/iy ~ Cdoo~e/~ Caal~rt'd ~'o Fred Brown, Margaret Woolfolk, Mayor Young, Mayor Watkins, m''"t~ s ~/~y/9s Pritchard I-lorton and Alex Coulter and Lloyd Woodell as ex-officio members. Mr. Woodell announced that ASU Would be here at six o'clock Monday night, the sixth of June. .r Alderman Spencer, Chairman of the Budget Committee, made a motion that the Mayor be authorized to dispose of property considered surplus to the needs of the city, not to exceed $1000. 00, and this only to other organizations that are considered public entities. Upon motion being duly seconded and voice vote, it was unanimously RESOLVED, That the Mayor be and hereby is authorized to dispose of property deemed surplus to city to other public entity only, not to exceed value of $1000.00. Alderman Spencer made a motion to allow the Mayor to continue negotiations with the West Memphis School District for leasing Tabernacle Gym for girl's basketball next fall, with the intent that the Mayor have .the authority for final decision in granting the use of. Tabernacle gym. Upon vote,it was unanimously RESOLVED, That the Mayor is hereby authorized to continue negotiations with the West Memphis School District for leasing Tabernacle Gym for girl's basketball next fall; Mayor to have authority for final decision for the use of the gym. Alderman Spencer made a motion that $2500. 00 be released to Sheltered Workshop in July. Upon motion being seconded and voice vote, it was unanimously (Mayor sell property under $1000) Tabernacle (Mayor may lease to school) RESOLVED, That $2500. 00 is to be (Sheltered given to Sheltered Workshop in July. Workshop) Alderman Hampton, Chairman of the Street Committee, made ~' a motion that the low bid of $99, 953.32 from Warren Brothers be ac- cepted for the 1977 asphalt program. Alderman Ray seconded the ,i motion and upon voice vote, it was unanimously ~j RESOLVED, That the low bid of $99, 953.32 (St. Dept. from Warren Brothers be and hereby is Warren B. ~ accepted for the 1977 asphalt program. bid acceptec Alderman Jackson, Chairman of the Sanitation Committee, 4. reported that one of the sanitation crews had donated money to buy a new clothes hamper to replace one-they had ,picked up by mistake. The crew was complimented for the conscientious way this situation was handled. Alderman Shelton asked about responsibility of keeping drainage ditches clean. Mayor Ferguson appointed Dr. Z. V. Freeman to the Airport Commission. Alderman Ray made:a motion that Dr. Freeman be confirmed as Airport Commissioner. Upon motion being duly seconded and voice vote, Dr. Freeman was unanimously approved for appoint- ment to the Airport Commission for another term. The Mayor announced the Municipal League meeting in Little Rock on June 21 and 2 2 at the Camelot Inn. Alderman Horton asked City Attorney, Robert Smith, to prepare an~: ordinance by .next council meeting with emergency clause for charging a peddlers license of $150. 00 per year. Alderman Ray made a motion that the meeting be adjourned. There being no further business to come before the council, the meeting adjourned at 4:30 p. m. Mayor ATTEST: __. . , .,~ City Clcrk