April 4, 1978Sz
MINUTES
WEST MEMPHIS CITY COUNCIL
APRIL 4, 1978
A regular meeting of the West Memphis City Council was held
on April 6, 1978 at 1:30 P.M. in West Memphis, Arkansas, at City
Hall in the Council Chamber. Mayor Joyce T. Fergu-son called the
meeting to order. Reverend Hurst, From First Presbyterian Church,
offered prayer.
Present were:
Mayor Joyce T. Ferguson
City Attorney, Robert Smith
Aldermen:
R. H. Ray
Doug Shelton
W. R. Spencer
Lloyd Woodell
Don Grimsley
Charles Hampton
James Hightower
Pritchard Horton
Roberta Jackson
Doug Morris
being a quorum.
The Mayor announced that it was necessary to approve or correct
the minutes of March 16, 1978. Alderman Grimsley made a motion to
approve the minutes of March 16. Alderman Shelton seconded the motion
and uuon voice vote, all aldermen voted "Aye" and the minutes were
unanimously approved.
Mayor Ferguson introduced students who were participating in the
student government day and presented them with certificates of
appointment for the day.
After announcing the time for requests from citizens from the
audience, the mayor recognized Mr. W. J. Heath, 328 North Center,
who asked the mayor and council to clarify the intent of the city
concerning drainage and street improvement work on North Center. The.
mayor asked Jay Woods to explain the use of Community Development
funds for street improvement since the improvements would be coming
from those funds. Mr. Woods explained that public hearings had been
held to help determine the use of the money.
During further discussion, Mr. Woods announced a public hearing
will be held April 17 and explained the steps required for allocating
the Community Development funds available.
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ORDINI'a.1~C`d~. Cljt~; ~ ''
AN OF~DII~dANCE C~RT~,N'.P1:T~G ?'~ k`.P?~~?~'II~:SE `PO AMERICAN
CA33LEV'TSTO~~ O'r~ Ir~'?;iT I~ii~•1PIiIS, IIvC. (AC~INI} AND
ASS TGNS , TO OL~TN , OPERATE AND ~!fiAII~?TAIN A CO1'u~UNITY
TELE4JISION SYSTEi'i IN THE CITY OF WEST MEMPHIS,
ARKANSAS, SETTIN[~ FORTH CON~JITIONS ACCOMPANYING
THE GI?111~T OR FRT-~~~CIITSE e PROVTDIN(~ FC-R REGULA'T'ION
AND USE OI' THE SAID SYSTEI'Z BY `I'HE SAID CITY;
ESTABI_~ISII~:NG A CAL~LE TELEVISTOty FR0~~=1~-1M ADVISC7RY
COUNCIL .AND At.3'I.'~iORTZING THE I'~IAYOI•~ TO EXECUTE ~?'OINT
POLES AGREEMENT.
WHEREAS, the Federal Communications C:omMission has issued
rules and r_egu.lations setting forth requirements which must
be in an~~ franchise granted; and
1r1TiE~?.E.~S, the legal, character, fi1-iancial, technical and
other qualifications together with the a~lecluacy of tree con-
struction p:r.°ogram of ~~neLi_can Cablevisian of West Memphis,
a wholl~r owned subidiary of American Television and Communi-
cations Corpc7ratic~n has been approved by the franchising
authority as part of a f~_rll x~ubl.ic proceeding affording due
process .
NU~~, T~IE~tL~~ORJ~, 3~E TT RESOIa~T,D ~.NU OF,UAINED BY THE "ZAYOR
AND CITY C{aUiaCT:T~ Or '~'I3IJ CIT3.' OF ~1~~ST F•iEr~?PHIS, ARKANSAS.
SI~~; TI{')N l . _~hort Tit~..e. T~-ci:i Ordinance shall be known
and may be cited a5 the ''~~Test 1`-~emphis Cable Television li"ranchise
Ordinance".
SECTT0~1 2.._~Definitions. I~'or the purpose of this ordinance,
the following terms, phrases, words and their derivations shall
have the meana.n.g given herein. F'hen not inconsistent with the
context, words used in the present tense include the future,
words ~n the plural. number include the singular number, and
words in the singular. number include the plural number. The
word "shall"' is always manilatory a.nd not merely directory.
(1} "C~.ty" is the City of West Memphis, Arkansas.
(2) "Company" is the grantee of rights under this Ordiraanc~
.F ~ .
_y:, y:
awarda.nc~ a frar~c~~ise and is Az:-eri.can Cablevis,i.on of West Memphis J
(ACWP~} or assigns .
(3) '"Person" is any person, firm, partnership, association,
corporatior7, company or organization of any kind.
(~~) "Sy:~tem" s~za11 mean t;~e entiz°e l.nstallation.
(5) "I~C~;" sh~~1l nte<~zi t}~` 3,t~~~c~ra? Cax~u~~.unic:,ations Commissiot:.
g3
Mrs. Rae Rowland and Mrs. Renser who reside on North
Center also asked for.~improvements to be made on their street.
Rev. Miter appeared before the council to appeal for help in
cleaning up the unsightly conditions on the north and south side of
Thompson Street and stated the people in that area are opposed to
zoning allowing businesses such as Johnsons causing unsanitary
conditions.
Mr. Calvin Avery, City Building Inspector, said much work is
being done at this time to take care of this situation and should
be cleared up in the near future. Alderman Horton suggested that
the minister. and Mr. Avery meet with Mr. Johnson. It was agreed
during discussion that the Mayor anal the aldermen in Ward 4 would
find out from Mr. Johnson the time by which the lots will be cleaned
up and let Rev. Miter know.
Roy Franklin, 301 North 12th, expressed concern for the
streets in the residential neighborhood being used for commercial
use.
Alderman Horton set a meeting for 5:00 P.M., April 12 at
City Hall.
Mr. Tom Lee Parker, 208 North 14th Street, expressed hope
for unity in the meeting.
There being no other citizent~> requests, the mayor asked the
city attorney to read the cable television ordinance the third time.
The city attorney read the ordinance the third time. Alderman Morris
made a motion to adopt the ordin Ic:e. Alderman Grimsley seconded the
motion. During discussion, the maSTor recognized Joe Rodgers, attorney
for the Cable TV Company, Joryn Smith, West Memphis Utilities and a
member of the cable TV committee, rind Mr. Cottingham of the cable
TV Company. It was stated that thE: application had been approved as
submitted and would allow them to carry all four channels in Little
Rock and the one in .Jonesboro. Up~~n roll call vote, all aldermen votE
".Aye" and the ordinance was unanimously adopted and given No. 929.
``4
~-~
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oRDINr-;.l~e~~j, rtiTc~ ~ ., f
AN OFZDIII~NGE (:~R.l~N`.n1:T~i; .~: k~u.z~,Tt i~~~SE TO AMERICAN
CAB:LEV"ISIGN OF C~d~:ST I~(i~I~~IF';iIS , INC . (AC6~IM} AND
ASS TGNS , TO OL~TN , OPERATE AND r'iAAINTA3N A COl'ZPIUNITY
TELEVISION SYSTE~R IN THE CITY OF WEST MEMPHIS,
ARKANSAS, SETTIN[~ FORTH CONDITIONS ACCOMPANYING
THE GRAI~IT OR FRANCHISE; PROVIDING FCiR REGULATION
ANU USE OF THE SAID SYSTEPR BY `I'I-IE Sr~aID CITY;
ESTABLISII~:NG A CABLE TELEVISION FRO!il~1.M ADVISORY
COUNCIL AND AtJTHORIZING THE MA~'OF; TO EXECUTE ~7'OINT
POLES AGREEMENT.
WHEREAS, the Federal Communications Commission has issued
rules and regulations setting forth requirements which must
be in any franchise granted; and
WT~E~?.EAS, the legal, character, financial, technical and
other cualifications together with the a<:lequacy of the con-
struction px°ogram of ~~rrieY°ican Cablevisian of West Memphis,
a wholly owned sub>idiary of American Television and Communi-
cations Corporation has been approved by the franchising
authority as part of a f~_ill ~?ubl.ic proceeding affording due
process.
NOt~', THEaEtEFORt~, ~?E IT RESOS~V%;D AND ORUAINED BY THE ~iAYOF~
AND CITY COUNCIL OF THE: CITY OF ti°JFS'T '~iET~?P~-IIS, ARKANSAS.
SECTIc`)N 1. Short Ti t~..e . Thi;, Ordinance shall be known
and may be cited as the "test P-~em~ahis Cable Television ~"ranchise
Ordinance".
SEC~.'T0~1 2. + Def initions . E'or the purpose of this Ordinance,
.the following terms, phrases, words and their derivations shall
have the meana..n.g given herein. hThen not inconsistent with the
context, w°~r_ds used in the present tense include the future,
words ~n the plural number include the singular number, and
words in the singular. number include the plural number. The
ward "shall" is always mandatory a.nd not merely directory.
(1} "C~.ty" is the City of West Memphis, Arkansas.
(2} "Company" is the gr<~ntee of rights under this Ordina.nc~ ~
~r awarda.ng a franchise and is Az~ex°ican Cablevisa.on of West Memphis
(ACWP~} or assigns. r .
(~} "Person" is any person, firm, partnership, associatior-,
corporation, company or organization of any kind.
(~' } "Sy:~tem" s~~Ya11 mc~n the entix°e ~.nstallation.
(5 } "FC'C" shill nte<~~1 tt~~e E'c~r~er. al C'oru?~unicatioilS Commiss:~or:.
g3
Mrs. Rae Rowland and Mrs. Ren~~er who reside on North
Center also asked for~improvemerits to be made on their street.
Rev. Miter appeared before thE~ council to appeal for help in
cleaning up the unsightly condiiion~> on the north and south side of
Thompson Street and stated the peo~~le in that area are opposed to
zoning allowing businesses such as Johnsons causing unsanitary
conditions.
Mr. Calvin Avery, City Buildir.~g Inspector, said much work is
being done at this time to take care of this situation and should
be cleared up in the near future. Alderman Horton suggested that
the minister. and Mr. Avery meet with Mr. Johnson. It was agreed
during discussion that the Mayor ar.~d the aldermen in Ward 4 would
find out from Mr. Johnson the time by which the lots will be cleaned
up and let Rev. Miter know.
Roy Franklin, 301 North 12th, expressed concern for the
streets in the residential neighborhood being used for commercial
use.
Alderman Horton set a meeting for 5:00 P.M., April 12 at
'~~ City Hall.
Mr. Tom Lee Parker, 208 North 14th Street, expressed hope
for unity in the meeting.
There being no other citizen's requests, the mayor asked the
city attorney to read the cable television ordinance the third time.
The city attorney read the ordinance the third time. Alderman Morris
made a motion to adopt the ordinance. Alderman Grimsley seconded the
motion. During discussion, the mayor recognized Joe Rodgers, attorney
for the Cable TV Company, Joryn Smith, West Memphis Utilities and a
member of the cable TV committee, a.nd Mr. Cottingham of the cable
TV Company. It was stated that the application had been approved as
submitted and would allow them to carry all four channels in Little
Rock and the one in Jonesboro. Upon roll call vote, all aldermen votE
".Aye" and the ordinance was unanimous) ado ted and
y p given No. 929.
2.
SECTTOT3 3. Grant of Authority. This Franchise by the
City is in the exercise of its Police Powers. There is hereby
granted by the City to the Company the non-exclusive right
and privilege to construct, erect, operate and maintain in,
upon, along, across, above, over and under the streets, alleys,
public ways and public places now laid out or dedicated, utility
or .any other easements now laid out or dedicated, and all ex-
tensions or additions of any of same in the City, poles, wires,
cables, underground conduits, man-holes and other television
conductors and fixtures of any sort necessary or incident to
the maintenance and operation in the City of a community tele-
vision system for the reception and distribution of television
signals, subject to use by the City of West Memphis and the
West Memphis Utility Commission of such poles to the extent su<~h
use does not interfere with the Company's use, and subject to
such restrictions as the City may have been limited to in the
acceptance of said easements as rights of way.
SECTION 4. Compliance with Applicable Laws and Ordinances.
The Company shall, at all times during the life of this Franchise,
be subject to all lawful exercise of tie police power by the
City, and to such reasonable regulation as the City shall here-
. ,~,
after by ordinance provide:
' SECTION 5. Company Liability - Indemnification. It is
expressly understood by and between the Company and the City
that the Company shall save the City harmless from all loss
sustained by the City on account of any suit of any .nature,
including contractual, court costs, attorney fees, judgment,
execution, claim or demand whatsoever, resulting from negligence
on the part of the Company in the construction, operation or
maintenance of the system described in this Franchise. The
City shall notify the Company's representative in the City
within fifteen (15 } days after the presentation of any claim
or demand to the City, either by suit or otherwise, made against
the City on account of any negligence as aforesaid on the part
of the Company. The Company shall c,~rry and pay the cost of the
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following liability insurance in support of its undertaking
to hold the City harmless from lass sustained on account of
the negligence of the Company, in at least the amounts indi-
cated below, for injury to or death of persons and injury to
or destruction of property:
(1) $100,000.00 for property damage to any one person;
(2) $200,000.00 for pro~~erty damage in any one accident;
(3) $100,000.00 for personal injury to any one person;
(4) $300,000.00 for persona. injury in any one accident;
(a) Tn the event the City Council believes that it is
necessary and reasonable for the protection of citizens of the
City, they may require that the amounts of insurance set out
above be increased. :.
~"~; ,,,
The Coin~:~any shall comply with all provisions of the Work-
man' s Compensation Law of Ark:an~sas .
SECTION 6 . Service Star,:dards .
The Company shall maintain
a suitable business office ir,~ West rZemphis, Arkansas, which
office shall be open during all usual business hours, have a
listed telephone, and be so c-perated that complaints and re-
quests for repairs or adjustments may be received at any time
and further, a complaint procedure shall be established by said
local office and all complaints shall receive prompt action
within no longez than two (2) days from the receipt of notice
by the Company.
SECTION 7. Ccmpany Ru.lc~s. The Ccmgany shall have the
authority to promulgate such rules, regulations, terms and
conditions governing the conduct of its business as shall be
reasonably necessary or incident to the exercise by the Company
of its rights or as shall be reasonably necessary or incident
to the performance by the Company of its obligations under this
Franchise, and to assure an tin interrupted service to each and
all of its customers. Provicied, however, that such rules, regu-
lations, terms and conditions shall not be in conflict with
the provisions hereof or of ~_aws or rules of the State of
Arkansas, the County of Critt~enc~en, the City of West Memphis,
the Federal. Communications Commission car the United States.
4,
SECTION 8, Condition on Street Occupancy.
(1} The Company may enter into one or more contracts
with the West Memphis Utility Commission, Southwestern Bell
Telephone Company or the owner or lessee of any poles or posts
located within the Citv to whatever extent such contract or
contracts may be expedient and of advantage to the Company in
furnishing the service covered by this Franchise to its customers.
(2) The Company system, poles, wires and appurtenances
shall be located, erected and maintained so that none of it
shall endanger or interfere with the lives of persons, or inter-
fere with any improvements the City may deem proper to make or
hinder unnecessarily or obstruct the free use of the street,
alleys, bridges, easements or public property.
(3} The Company shall not place poles or other fixtures
where the same will interfere with any gas, electric or tele-
phone fixtures, water hydrant or main, and all such poles or
other fixtures placed in or on any street or other easement
of the City or utility commission shall be placed according
to the requirements of the West Memphis Utility Commission and
any City Ordinance and then in such a manner as not to inter-
fere with the usual travel on said streets, alleys and public
ways or use of such easemehts.
(~} The City shall have the right at its own expense to
designate an engineer to approve the Company's plans and, if
'"~''~ an engineer be so'designated, no construction shall be commenced
without the prior approval of said engineer based upon plans
._~
submitted to him. All property shall be restored to its original
condition at the cost of the Company.
SECTION 9, Payments to City. The Company shall pay to
the City, in addition to any and all privilege licenses acid
ad valorem or other taxes hereafter levied by the City, a sum
equivalent to three percent (3~} of the annual gross operating
revenues received by the Company for ser~.rices rendered to
customers within the City during each year of operation under
this Franchise. "Annual grass operating revenues" shall consist
5.
of receipts from customers located in the City for trans-
mission of television signals by the Company under contracts
with such customers but does not include revenues from the
sale of optional Pay TV services. The Company shall pay a
franchise of three percent ( 3 0 ) on Pay `PV operating revenues . fi'-
"Pay TV operating revenues" shall consist of receipts from Pay
TV subscribers less Pay TV p~~agramming costs.
SECTION 10. Rates and Charges. In its rates, charges,
service facilities, rules, re:gulatians or in any other respect,
American Cablevision of West Memphis shall not make or grant
any preference or advantage t:o any person nor subject any person
to any prejudice or disadvani:age within the same classifications
of service. The Company steal.]. have the right to establish
- different classifications of service for residential and commer-
cial users and to adopt charges and rate schedules to which any
subscriber within those clas~:ifications shall be entitled.
~~ ,~ The initial schedule of subscriber charges to be paid by
citizens of West Memphis will. be as follows, subject~to ex-
planation by notes (1) through (5) as set out below:
Connection Char
First Outlet
Each Additional
Monthly Charges
First Outlet
Each Additional
FM Service (5)
ges (1} C2) C3}
$15.00
Out:let (4 } 10.00
$ 7.50
Outlet 3.00
1.50
Miscellaneous
Reconnect
Relocate
Collection
Converter Deposit
(Refundable)
Commercial Account:~
NOTES:
$10.00
lo.oo
5.00
15.00
t
Not to exceed prevailing
residential rates °~
(1} Off-System Connection Charges:
In the event a dwel=ling unit is either located more
than 150 feet from c=ompany's cable system or rer~uires
underground connect:i.on, connection shall be done at
the cost of time anc3 materials.
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(2) Special Connection Charges:
Time and material. connection charges shall apply in
cases when concealed wiring of existing buildings or
other extensive requirements are requested beyond a
normal connection.
(3} May be waived. during construction and during special
promotions on a nnn-discriminatory basis.
(4} May be waived if connections are done at the same time
as original connection.
(5) Assumes subscriber has basic cable outlet.
'~~ ~ American Cab~evision of West Memphis reserves the right to
set rates as it deems appropriate and reasonable, so~ long as
.~,~: .
those rates shall not exceed the rates which would result from
the application of the cost of living increase that has accrued
from the date of enactment of this Ordinance to any date the
rates are reset to the initial rates specified above, unless
.approved by the City of West Memphis. For such computation,
' the National Consumer Price Index shall be used to represent
changes in cost of living. The initial rates as established
herein shall remain in effect during the Company's first year
of operation and at rio time will first outlet rates be changed
by less than fifty (50) cents per month.
Tn cases where City approval is required, the Company shall
make a formal request to the City, and the City shall respond
to such request within sixty (60) days of the date of said. re-
quest. Unless notified to the contrary by the City, the re-
quested rate schedule shall be effective ninety (90) days follow-
ing the rate increase request.
SECTION 11. Free Connection and Service. The Company
shall furnish, upon request, one outlet for each local school,
municipal office building or facility within its service area
and not more than one hundred f i f ty (15 0 } f eet f rom. the Corlpany' s
existing service facilities. An initial connection to each such
building will be made free of charge; internal wirir~g and addj.-
tional connections will be done for the cost of time and materials
only. In no case will there be a monthly charge for service to
such buildings. In addition, the Company agrees that one channel
of its system will be reserved for the use of the Gity as a pub-
lic service, educational or i.nfar_mational channel. The City
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will furnish any spec~_a1 equ:i.pment necessary to feed public
service, educational or nfo:rmC~tional programs originated
by the City into the Company's system. The Company reserves
the right to use the channel described herein at any time
or during any period for which no program or use of such ~
channel is scheduled by the t:ity in accordance with reasonable
rules to be prescribed by thca Company.
SECTION 12. Records anti Reports. The City shall have
access at all reasonable hours to all of the Company's plans,
contracts and engineering, ac:cotinting, financial, statistical,
customer and service records relating to the property and the
operation of the Company and to all other records required to
be kept hereunder. The following records and reports shall be
filed with an appropriate City official and shall be available
in the local office of the Company;
(1) Compaq Rules and Regulations. Copies of such rules,.
regulations, terms and conditions adopted by the Company for
the conduct of its business.
(2} Annual-Gross Operati.n~. Revenues. An annual certified
report showing annual gross operating revenues, annual-expenses
and total investment of the Company from its operations within
J
the City during the preceding year and such other information
which the City shall reasonably request with respect to proper-
ties and expenses related to the Company's services within the
City for such period.
SECTION 13. Term of Franchise and Renewal Thereof. The
franchise and rights herein granted shall take effect and be in
force from and after the final passage hereof as required by
law, and shall continue in force and effect for a term of twenty
(20} years. .~
~.~ ~ , .
The Company may petition the City of West r2emphis far a
renewal and renegotiation of this franchise when not more than
two (2} years remain in the term of said franchise and the City
of West Memphis shall not arbitrarily refuse to renew said fran-
chise at such time.
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SECTION 1~?. Construction of System. Upon grant of this
Franchise to construct and maintain a community television
system i_n the City, the Company must enter into contracts with
the West Memphis Utility Commission, Southwestern Bell Tele-
phone Company or others for the use of poles and posts necessary
for proper installation of the system, obtain right of way
permits from appropriate State, County and Federal officials
necessary to cross highways or roads under their respective
jurisdictions to supply the main trunk linos from the Company's
receiving antennas, obtain permission from the Federal Aviation
Administration to e~~ect and maintain antennas suitable to the
needs of the system and its subscribers and obtain whatever
other permits a city, county, state ar federal agency may re-
quire. In the construction, installation and maintenance of
its system the Company will use steel, cable and electronic
devices, all of specialized and advanced design and type; in
the operation of its system, the Company will employ personnel
with training, skill and experience in electronics and communi-
cations. The Company shall not be rewired to construct in
areas now in the City or which may be annexed where there are
fewer than 60 homes per mile.
Promptly after the grant of this Franchise, the Company
shall furnish a bond with corporate surety issued by a company
acceptable to the City in the amount of $35,000.00 payable to
the City and conditioned upon completion of construction of the
system as specified herein. The said band may be reduced to
$10,000.00 upon completion of construction.
Within thirty (30} days of the effective date of the fran-
chise, American Cablevision of West Memphis shall diligently
pursue acquisition of all necessary certificates, permits,
licenses and agreements which are required to construct a CATV
system in the City.
J
Within sixty (60} days of receipt of such certificates,
permits, licenses and agreements, the Company shall commence
construction of the CAT'V system. Thereafter, construction
9.
shall proceed so as to make :service available throughout the
City at the earliest possiblf~ time.
American Cablevision of West r~zemphis shall fully construct
and make operational the pro~~osed CATV system within twelve
(1.2) months following the date on which. construction commences.
The only constraint to this commitment is failure to meet the
12-month construction deadlir2e as a result of circumstances
beyond American Cablevision of West P~emphis° control.
SECTION 15. Emerc~enc~Jarning System. The System will
include an emergency warning system which will make it possible
for a designated city offici~~l to override the audio signal on
all channels simultaneously to deliver emergency messages. This
capability will be provided pit no cost to the City.
SECTION 16. Local. Orig~.nation. The CATV system will serve
as an outlet for locally originated programming in a manner . con~-
sistent with FCC regulations. The Company will have the capabi-
lity to produce and distribu~:e color programming from its offic
Further, the Company will actively encourage the development
of such programming by group~~ and individuals in the community.
SECTION 17. Separate System. The system in West Memphis,
Arkansas, shall be operated a.s a distinct and separate system
from any other system of t:he Company; however, interconnections
with other systems are authorized. The office and field staff
of the Company, other than th.e local manager, shall be composed
of residents of West Memphis, Arkansas, if it is reasonably
passible to do so, and the Company shall train such employees
at its own expense to obtain local qualif~.ed personnel.
SECTION 18. Comply with. FCC Standards. Any modification
in the Federal Communications Commission standards applicable
to the system shall be automatically incorporated in and become
a part of the franchise gran~:ed the Company within one (1} year
~`~ `' of the final adoption of any such modification by the Federal
Communications Commission.
~.
SECTION 19. Cable Television Program Advisory Council.
There is hereby established a. Cable Telev~.sion Program Advisory
10.
Council consisting of nine (9) members, nominated by the
Mayor and approved by the City Council. Said members shall
serve a term of three (3) years, provided that the first
appointments shall be three (3} for a one-year period; three
(3) for a two-year period; and three (3) for a three-year
period, and thereafter, all appointments shall be for a three-
year period.
The Advisory Council shall have at least two (2) represen-
. tatives from the West h~emphis City Council; two (2} represen-
tatives from the educational community; two C2} representatives
from business, professional or banking communities; and three
(3) citizen representatives.
The Cable Television Advisory Council shall make recommen-
dations to the Company and to the City of West Memphis, Arkansas,
on the programming for, and the coordination, of the educational,
governmental, and local originated channels.
The Advisory Council, in making its recommendations for
programming and in coordination of the educational, governmental,
and local. originated channels, shall promote the interest, wel-
fare and entertainment of the community with emphasis on en-
hancement of civic development and shall make recommendation to
insure that programming is'impartial and non-discriminatory.
The City of West Memphis may submit proposals for pro-
. ..
gramming on government channel or channels to the Advisory
Council for recommendations and the educational institutions
#i
may submit proposals or planned programming for educational
channel or channels to the Advisory Council for recommendations.
The Company may submit planned programming for local originated
channel or channels to the Advisory Council for recommendation,
but nothing shall prohibit the Advisory Council from submitting
its own findings and recommendations to said bodies whether said
proposals have been submitted to them for comment or not.
The Advisory Council shall have the authority to submit
proposed rules and regulations for the conduct of its business
to the Mayor and Council for. approval, shall have the right to
a~ l .
hold hearings and make .recommendations to the Company and to
the educational community on arogramming for education and local
arigi,nation; all such actions shall be advi.,~ry only.
SECTION 24. Arkansas Pr~~ramming. The Company shall
make every reasonable effort on a continuing basis to obtain
FCC approval for the import.at.ion into tr~'est Memphis, Arkansas,
;;
of non-network signals fx•om a~t least one (1) television station
located in 7aittle Rock, Ark.an:~as. The citizens of West Memphis,
Arkansas, are not able to obt<~in television reception from a.ny
television station within the State or Arkansas, and the public
interest dictates that the Company obtain non-network material,
including documentaries, spori~s, news and other such non-network
programs originating within the State of Arkansas if it is rea-
,~~~ ,}, sonably possible. ~:o do so.
SECT~:ON 21, Mayor Atathorized to Execute Joint Poles
Agreement. The Mayor of the {:ity of West Memphis be and is
authorized to execute on beha~~f of the City of West Memphis an
agreement whereby the said City grants a license to ACWM to
permit such corporation to a~t#~ach or insta~.l its cables, wires
and applicances to poles; conduit, in trenches and use the ease-
ments of the City for the pur~~ose of furnishing broad band tele-
communications system service for delivery via cable pursuant
to the franchise granted by ttie City. Said agreement shall pro-
vide for the said company to Fray an annual rental for attachments
made to poles, payable semi-annually, at the rate of no less
than Four and 34/104ths Dollars ($4.34} peg- pole per year; pro-
visions to insure that any expenses incurred by the City of
West Memphis in connection with the license shall be borne by
ACWI~s; provisions for adequate insurance and techinal requirements
to protect the City and the residents of West Memphis, Arkansas;
and provisions that the agreement must be approved by the City
Attorney, the chief engineer cjf the West Memphis Utility Com- •
mission, and the attorney for said Commission.
SECTION 22. Delec~atiori of Responsibilit~of. Joint Pole
A~re~ment to West r~lems U~ti:lity Commission. In addition to
the Authority granted the YJes~t Memphis Utility Commission by
12.
prior ordinances, the Commission is hereby authorized to
carry out and fully implement the agreement between the City
of West Memphis and AC~?M for joint pules, conduit and trench
use, when ,executed, in all respects. The Commission is authorized
~,~
to set the rates for the licensing of poles and all other charges
or matters necessary to insure.=that there will be no expense
to the City of West Memphis in connection with such license. The
Commission is further authorized to act in its own name on be-
half of the City of West P~emphis in connection with the licensing
of individual poles to the licensee; to use the forms and pro-
cedures set forth in said agreement or substitute other forms
or procedures whenever the Commission deems appropriate; to
permit the licensee to use all easements, right-of-ways and
property rights which may now or hereafter be used by the
Commission and in general to act on behalf of the City of Wes~L
Memphis in ,all things directly or indirectly set forth in such
agreement.
Q
SECTION 23. Extension of Franchise to Include Areas
Annexed. The Company shall within
by the City, extend its braad band
so as to provide "full network ser
annexed areas of tree City 'not then
communications network where there
per mile of cable plant.
one (1) year of notification
telecommunications network
vice" to all residents of newly
served by a broad band tele-
are at least 60 dwelling units
SECTION 24. Publication Costs. The Company shall assume
the costs of publication of this Ordinance as such publication
is required by law. A bill far publication costs shall be pre-
sented to the Company by the appropriate City officials upon
the Company's filing of its acceptance of this Franchise and the
~' said publication costs shall be paid at that time by .the Company.
SECTION 25. Activities Frohibited. The Com an shall not
p y
allow its cable or other operations to interfere with television
reception of persons not served by the Company, nor shall the
system interfere with, obstruct or. hil~der in any manner, the
operation of the various utilities serv~.ng the residents of the
13.
City. The Company shall. not perform repair service to tele-
vision sets and shall not per~mi_t any of its employees, in--
stallers or servicemen to perform such services on their own
or to recommend how or by wham such repair services should be
performed. -
It is not the intention of the parties that this Franchise
shall embrace the area of operation generically known as "Pay
TV" except with. regard to i~he establishment of a mutually
agreeable franchise fee for such service.
SECTION. 2G. Separability. Tf any section, subsection,
sentence, clause, phrase oz- portion of this Ordinance is for
any reason held invalid or unconstitutional by any Court of
competent jurisdiction, suc:h portion shall be deemed a separate,
distinct and independent pr•ovisi.on and. such holding shall not
effect the validity of the remaining portions hereof.
SECTION 27. Ordinances ,end Resolutions Repealed. 1.11
ordinances, resolutions or pa:Cts thereof in conflict with the
provisions of this Ordinance <~re hereby. repealed. Ordinance
No. 632 amended is hereby specifically repealed..
,.,~-6`'r ,r
ADOPTED this ,fl,sC: ~.~day of ~ ~.~,~"~~,~ ~~., 1978.
~~
~ ; ~ ~:~.
.r f_ ~_ ~ ~..~
P~ayor
ATTEST:
Alderman Spencer requested the mayor to recognize Mr. J. Coburn
in the audience. The mayor recognized Mr. Coburn who asked for a
_ ___ _
___
resolution from the council inviting the NCB Association to hold
their convention in West Memphis. Upon motion duly made, seconded
and unanimously carried, Resolution No. 625 was adopted. A copy
follows
1r.
g/'~°Y
j
Y
RESOLUTION N0. 625
INVITATION TO NCO ASSOCIATION
WHEREAS, the City of West 1`lemphis, Arkansas, desires
to make our City open for all state conventions and offer our
facilities for that purpose; and,
WHEREAS, the NCO Association of the State of Arkansas,
has considered the City of T~'est :~Semphis , Arkansas , for the
state conventions to be held i_n the very near future; and,
t~THEREAS, the City Council of the City of ~~Zest Memphis,
Arkansas, is anxa_ous for the NCO convention of the State of
Arkansas to meet in the City of infest Memphis;
THEREFOP~, BE IT RESOLV,~D BY THE CITY COliNCIL OF THE
CITY OF tiJEST MEI~".~'rIIS , ARKANSAS
1 . Tf~at the City Council of the City of west I~~emphis ,
Arkansas, extends an invitatian :For the~NCO Association of the
State of Arkansas to meet in the City of West Memphis, Ark..ansas,
at such time as the association.:Feels it is to the best interest
of such organization.
PASSED. AND APPROVED thi;~ 6t'_n clay of April, 1978.
of
eC~''~°"
MAYOR
ATTEST:
.r.---- j; ~ -- ~~ ~ ,;;
..
~~ ~ ~ ~
....~~-.
CITY CLERK
Ss
Alderman Morris made a motion for a five-minute recess.
Upon motion duly seconded an unanimously approved, the mayor
granted a five-minute recess.
The mayor called the meeting back to order and announced
the next item on the agenda to be a resolution approving the
Community Development Citizen Participation Plan. The City
Attorney read the resolution. Alderman Horton made a motion
and upon roll call vote, all aldermen voted "Aye". The resolution
was unanimously adopted and given number 626. A copy of the
resolution follows. The Citizen Participation Plan is hereby
made a part of the resolution.
i
J
L
~~
RESOLUTION NO. ~' ~~
WHEREAS, The City of West Memphis is undertaking a Community
Development Program with federal financial aid available
under the provisions of Title I of the Housing and Com-
munity Development Act of 197~~, as amended. Rules
governing the eligibility of acti~rities have been revised for
clarity and to incorporate new ~~ctivities authorized by
Title. I of the Housing and Community Development Act
of 1977; and
WHEREAS, Active citizen participation and decisions affecting the
Community Development Program is recognized as an
essential element; and
WHEREAS, The city has prepared a plan for the involvement of
citizens of the community in thE: selection of projects and
activities to be included in the ;mall city multi-year
comprehensive program, as wE:ll as in any reallocations
within the three year program, and identified as a printed
document entitled "Citizens Participation Plan', dated
April 6, 1978, a copy of which is attached hereto; and
WHEREAS, The City Council has reviE:wed the Plan as identified
above and determined that it is acceptable for the intended
purpose.
NOW, BE IT THEREFORE RESOLVEL) BY THE CITY COUNCIL OF
THE CITY OF WEST MEMPHIS, ARI~~NSAS:
1. That the Citizen Participation Plan as identified above
be and hereby is approved in all respects;
2. That the City Clerk be and :hereby is requested to
file a copy of said Plan with this Resolution in
the official journal of a~~tions of the City Council;
8b
The mayor announced the next item of business to be an
ordinance amending zoning ordinance number 715, as recommended
by the Planning Commission the city attorney read the ordinance
the first time. Alderman Grimsley made a motion the ordinance
be adopted on the first reading. Alderman Horton seconded the
motion. After discussion and upon roll call vote, all. aldermen
voted "Aye" and the ordinance was unanimously adopted on the first
reading.
Mayor Ferguson stated the next item on the agenda was the
preliminary plat of Estes Subdivision with approval recommended by
the Planning Commission. Alderman Shelton made a motion that the
preliminary plat be approved. Alderman Jackson seconded the motion.
After discussion and upon voice vote, the Preliminary Plat of
Estes Subdivision was unanimously approved.
The Mayor then stated it was in order for the council to
approve the final plat of Estes Subdivision as recommended by the
Planning Commission. Alderman Shelton made a motion to approve
the final plat. Alderman Grimsley seconded the motion and after
discussion and upon roll call vote, all aldermen voted "Aye" and
the final Plat of Estes Subdivision was unanimously approved.
Alderman Woodell-made a motion to waive the rules to allow
the matter of Resolution No. 614 previously passed by the council
to be put on the agenda. Alderman Grimsley seconded the motion.
Upon voice vote, it was unanimously agreed to allow th e matter
to come before the council at this time. Alderman Woodell stated,
as Chairman of the Higher Education Committee, that he felt
Resolution 614 should be repealed and a new resolution adopted
to request the University of Arkansas to made a study of the needs of
Crittenden County and the surrounding area, and made a motion to
repeal Resolution 614 and the council made a new resolution re-
questing the study. Alderman Grimsley seconded the motion. The
city attorney read the new resolution. The resolution was
unanimously adopted by the council by voice vote and given number
627. A copy follows.
Resolution .A,,pproving Communits~ Devf:lopment Citizen Participation Plan
Page "l~wo of Two
3. That the Executive Director of the Community Develop-
ment Program be and hereby is authorized to make
a public dissemination ~~f the Citizen Participation
Plan.
4. That this Resolution shall take affect immediately.
~ ~?
PASSED and APPROVED this t ,.~ ~.~~ DAY of ~ ;~ ~t ~ ~ ,
_______.
1978.
'/rr
~" '~Y
Mayor
ATTEST:
_r---°---,~
City Clerk
(seal)
i~
RESOLUTION N0. 627
HIGHER EDUCATION STUDY
WHEREAS, Resolution No. 614 is hereby repealed; and,
WHEREAS, Crittenden County and the surrounding area
has a high ratio of potential college students who cannot
afford to go away to college; and,
WHEREAS, the City of West Memphis, Arkansas, recognizes
there exists a need for higher education in Crittenden County
and the surrounding area; and,
WHEREAS, it is desirable that a comprehensive study be
made of the educational. needs of Crittenden County and the
surrounding area; and,
W~iEREAS, the University of Arkansas at Fayetteville,
Arkansas, is capable of making such a study with no expense
,,, to the City of West Memphis, Arkansas;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF T~~E
CITY OF WEST MEMPHIS, ARKANSAS, THAT:
1. Resolution No. 614, dated December 15, 1977, is
hereby repealed;
2. The University of Arkansas be requested to make
said higher educational study;
3. A copy of this Resolution be sent to Mr. Hugh
Chalmers, Jr., Trustee, University of Arkansas, and to request
his assistance in securing the services of the University of
Arkansas in this project.
PASSED AND APPROVED this _(~f~_ day of ~~~,~ ,
1978.
MAYOR
ATTEST:
r
/\ .~'
t r
„ ~ ~-~f' 1 ~ ' y
1 ~'~
! ~ ..~i
GITY CLERI:
87
~y
Alderman Morris made a motion to waive the rules to allow a ~
resolution requesting the Attorney GE~neral of Arkansas to intervene in
a lawsuit against the Mayor and the City Council challenging the
constitutionality of the Civil Service ~~ct. Alderman Grimsley seconded
the motion and upon voice vote, all aldermen voted "aye' ` and the matter
was allowed to be put on the agenda. City Attorney Smith advised there
has been filed in the circuit court :in TVlarion a motion for summary
judgement in the case the policemen leave against the Aldermen and~he
Mayor of the City of West Memphis. The summary judgement statesa
that no facts are necessary but the question of the law involved and they
are deciding only the question of law. Mr. Smith advised that he had
talked with Attorney General Newell and he has received a copy of
summary judgement by Mr. William Nilson, Attorney for the policemen,
and is considering intervening in tYle ~~uit. Mr. Smith requested the
council to adopt a resolution requesting the Attorney General to intervene
in the suit and be a party to the suit. The City Attorney read the resolu-
tion. Alderman Hampton made a motion to adopt the resolution. Alder-
man Shelton seconded the motion. Upon roll call vote, all aldermen
voted "aye" and the resolution was un~~.nimously adopted and given
number 628. A copy of the resolution follows:
CI
F.ESOLUTION N0.
CITY COUNCIL REQUEST OF ATTORNEY GENERAL
TO INTERVENE IN LATr1SUIT AGAINST THE MAYOR
AND THE CITY COUNCIL CHALLENGING THE
CONSTITUTIONALITY OF THE CIVIL SERVICE ACT
~r'HEREAS, the Mayor and City Council of West ,?Memphis,
Arkansas, have now been sued by certain members of the
West Memphis Police Department challenging the constitutionality
of_ the Civil Service Act passed by the General Assembly of
Arkansas; and,
~~Tf-IEREAS, the Attorney General of the State of Arkansas
has roTti~ under advisement the question of whether they will
intervene in assisting the C';ty of West Memphis in upholding
the constitutionality of the State Statute; and,
~n'HEREAS , the City Council. of City of West Memphis ,
Arkansas wishes to request the services of the Attorney
Ger_Pral of the State of Arkansas iri this matter;
THEREFJRE, BE IT i?ES~JLVEr BY THE CITY COUNCIL OF THE
CITY OF ~i~TET a"i1~r~TPHIS , ARKAZISAS
1. ~.I'hs t the City Counc i_1 o f the City o f West P'femphi s ,
Ark~.r~sas , requests that the Attorney !seneral of the State
of Arkansas intervene it th~~ present lawsuit against the
N~ayor and City Council by certain members of the West Memphis
Police Department;
2. That a copy of this Resolution be sent to the
Honorable Bill Clinton, Attorney General, State of Arkansas,
Justice Building, Little Rocs{, Ar~ransas, 72.201.
~ ~~`
PASSED AND APPROVED this ~.• ddy of ~ d ~ ~ ~ ~~ ,
1975.
ATTEST : ~.._~
~...__
CITY CLEP,K ~
.---~,,,
'~ P'iAYOR ,'~
J
g8
Alderman Jackson, Chairman of the Budget Committee, stated
the Budget Committee had met on March 28 and agreed that the City
should pay for the pre-application fee of $3500 as required by the
federal government and made a me>ti~~n the council accept the recommen-
dation of the Budget Committee a.nd pay the $3500 out of the General
Fund to Manes and Associates. A,ldE~rman Horton seconded the motion
and upon roll call vote, all aldermen voted "Aye" and the recommen-
dation of the Budget Committee was unanimously adopted.
Alderman Jackson stated the. Budget Committee recommends the
old Utility Building and the City ~~hop should be sold and made a
motion that the council accept the recommendation of the Budget
Committee and give the mayor autho~~ity to contract a buyer to sell
the two pieces of property. Alderman Grimsley seconded the motion
and upon voice vote, the recommend~~tion of the Budget Committee
was unanimously accepted, all aldermen voting "Ayerr.
Alderman Jackson, Chairman of the Budget Committee made a
motion that the positions of grada].l operator and grass cutter be
combined into one position and to give Robert Bateman, present gradall
operator pay starting at 746.00 ;per month for this position, as re-
r
commended by the Budget Committee. The motion was seconded by
Alderman Horton. During discussion: the z~uestion of the position of
the Civil Service Commission arose. Mr. Leo Chitman who was in the
audience and a member of the Commission, advised that the Commission
was awaiting the decision of the council since the council has the
authority to combine the positions. After lengthy discussion, Alder-
man Grimsley called for the ques~ticn and upon roll call vote, voting
was as follows: Aldermen voting fcr the motion to combine positions
were : Ray, Woodell, Grimsley, H:igl~.tower, Horton, Jackson and Morris .
Aldermen voting against the motion were: Spencer and Hampton.
Alderman Shelton was absent from voting.
It was stated that the Budget Committee recommended that the
low bid should be accepted from State Farm Mutual Insurance Company
for automobile insurance for the City. Upon motion being duly made
seconded and roll call vote, all aldermen voting "Aye" the
recommendation of the Budget Committee was unanimously accepted.
89
The Chairman of the Fire Commission made a motion to give
the Fire Chief the authority to advertise for bids to repair
roofing for three fire stations. Upon motion duly seconded and
voice vote, the Chief was thereby given authority to advertise
for bids.
Alderman Grimsley made a mot ion to advertise for bids for
the mosquito control program. Upon motion duly seconded and voice
vote, it was unanimously agreed to advertise for bids for mosquito
control.
The mayor announced that the city has received a HUD grant of
$12.5,000 in an amount to be matched by the city for completion of
Phase III of Tilden Rogers Park/ The mayor appointed a committee
to search for ways to come up with .match money for the park. The
committee is as follows: Pritchard Horton, Chairman; Don Grimsley,
Doug Morris, Floyd Franklin and Phil Ford. The city has ninety
days in which to comply. Alderman Horton stated the committee
would-have a meeting before next council meeting.
The mayor announced the spring conference in Little Rock the
18th and 19th of May and that she would be at DeGrays Lake the
10th and 11th of April.
The mayor told the council that Rex Buffington, Commerical
Appeal Reporter, had accepted the position of Press-Secretary to
Senator John C. Stennis from Mississippi and would be leaving West
Memphis to go to Washington. Mayor Ferguson presented Rex Buffington
with a framed distinguished service award, a key to the city and
good wishes from city officials and employees.
Alderman Horton asked the city attorney if the city has control
over the area between West Memphis and Memphis where the dump is and
asked for a resolution to the proper authority to have something
done about the pollution and unsightly conditions. After discussion
and it being determined the county has jurisdiction over the area,
Alderman Grimsley made a motion that the mayor send a letter to the
quorum court and their lawyer stating that the city council wishes
action taken against dumping trash in Arkansas. Alderman Horton
seconded the motion and upon voice vote, all alderman voted "Aye"
and the motion was unanimously carried. The mayor agreed to write
the letter.
9v
Alderman Hightower stated rie :':gad received complaints about
heavy trucks coming from Broadway ~to the end of the; streets
013th and 14th and 17th Street} and requested that "No Trucks"
signs be put up on those street~~. Mrs. Wheeler said the signs
would be put up.
Alderman Spencer advised that L. R. Jackson Building which
was leased to the Boys Club, needs locks on doors and asked the
mayor to take the matter to the Buc3get Committee and made a motion
the mayor take care of this matter. Upon motion being seconded
and unanimously carried by voice. vote, the mayor said she would
take the matter to the Budget Committee.
There being no further busi,ne~~s to come before the council ,
Alderman Grimsley made a motion thE: meeting be adjourned. Upon
mo~ion being duly seconded and u.nalzimously carried, the meeting
adjourned at 4:35 P.M.
~,! MAYOR
ATTEST:
~~~~~~~
CITY CLERK
DATE APPROVED