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