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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. ~ •~ . ~. 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 ~-~ ;%: r 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 ~. 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. ~. (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 ~. 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. ~. 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