July 6, 1978l~7
MINUTES
WEST MEMPHIS CITY COUNCIL
JULY 6, 1978
A regular meeting of the West Memphis City Council was held
on -July 6, 1978 at 1:30 P.M. in West Memphis, Arkansas, at City
Hall in the Council Chamber. Mayor Joyce T. Ferguson called the
meeting to order. The following persons were present:
Mayor Joyce T. Ferguson
City Attorney Robert Smith
Aldermen:
Pritchard Horton
Roberta Jackson
Doug Morris
R. H. Ray
W. R. Spencer
Lloyd J. Woodell
Charles Hampton
James E. Hightower
Alderman Shelton and Alderman Grimsley were absent from the
meeting.
Prayer was offered by Rev. Ron Mizer, Bethel A.M.E. Church.
The minutes, as in the packets, were approved with a motion
from Alderman Hampton and seconded 'by Alderman Jackson. Upon
voice vote, the voting was unanimous. A
The following citizens had requests: Mr. Leon Duvall, 1405
Rich Road, West Memphis, which states that there is a problem on
the north end ref 15-Mile Bayou and the Service Road. He also
passed out pictures showing the condition of that area. He further
stated ways he felt the City could eliminate the. problem of flooding.
During this citizens' request there was a lengthy discussion from
the Council, Aldermen Horton, Hampton, and Spencer. Mayor Ferguson
assured Mr. Duvall that the problem will be tal~en under advisement
and will do the best she can to see that this problem is corrected.
Mr. Woody Woodworth, made a request to the Council for funds
for legal services and a court reporter for the Michael Haney Case.
The next order of business was the third reading of the
ordinance for the adoption by Reference of a new and revised
personnel manual, 1978 Edition, read by Vice-Mayor Horton. A motion
was made by Alderman Hampton and seconded by Alderman Morris and
upon roll call vote, the voting was as follows:
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Aye: Aldermen: Horton, Jackson, Morris, Ray, Spencer, Woodell,
Hampton, Hightower
No: None
The Ordinance passed on the third reading and was given Ordinance
No. 937, which reads as follows:
ORDINANCE N0. ~~~_
AN ORDINANCE FOR THE ADOPTION BY
REFERENCE OF A NEW AND REVISED
PERSONNEL MANCZAL 19 78 EDI` ION ,
FOR THE CITY OF WE aT MEMP~~IS ,
ARKANSAS, AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WEST MEMPHIS, ARKANSAS:
SECTION 1. There is hereby adopted by the City Council
of the City of West Memphis, Arkansas, pursuant to Arkansas
Statute ~ 19-2421, which allows adoption of technical codes
regulations, or standards by reference, the new and revised
PERSONNEL MANUAL, 1978 Edition, for the City of West Memphis,
Arkansas, of which not less than three (3) copies shall be
filed in the office of the Clerk of the Cit. of West Mem '
y phis,
Arkansas, and the same are adopted and incorporated as fully
as if set out at .length herein, and from the date on which
this Ordinance shall take effect, the provisions thereof
shall be controlling within the City Limits of the City of
West Memphis, Arkansas.
SECTION 2. A11 Ordinances or parts of Ordinances in
conflict herewith are hereby repealed.
PASSED AND APPROVED this 6th day of ~"uly
1978.
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ATTEST: ~YOR
CITY CLERK
The next order of business was the second reading of Ordinance
to amend Section No. 9.2132 of Ordinance No. 715 of West Memphis,
Arkansas by the Vice-Mayor Horton, a motion was made by Alderman
Ray, and seconded by Alderman Horton and upon roll call vote, the
voting was as follows:
Aye: Aldermen: Horton, Jackson, Morris, Ray, Spencer, Woodell,
Hampton, Hightower.
No: None
The ordinance passed on the second reading.
The City Attorney was asked to read the Ordinance to Amend
Ordinance No. 716 Subdivision~~Code, Section 10, Defining Lot
Split in the City of West Memphis, Arkansas and for other purposes,
a motion was made by Alderman Morris to adopt the ordinance and
seconded by Alderman Horton, upon roll call vote, the voting was
as follows:
Aye: Aldermen: Horton, Jackson, Morris, Ray, Spencer, Woodell
Hampton, Hightower.
No: None
~ The ordinance passed on the second reading.
Mayor Joyce Ferguson recognized guest from the L. R. Jackson
Girls Club, Mrs. Brenda Neal, Director.
The next order of business was New Business, whereas the City
Attorney was asked to read th e Ordinance to waive competitive bidding
and the rule be suspended to read the ordinance on three different
days. The motion was made by Alderman Hampton and seconded by Alderman
Horton and upon roll call vote, the voting was as follows:
Aye: Aldermen: Horton, Jackson, Morris, Ray, Spencer, Woodell,
Hampton, Hightower .
No: None
The rule was suspended.
The City Attorney was asked to read the ordinance the second time
with the rules being further suspended to be read on three different
days, a motion was made by Alderman Ray and seconded by Alderman
Spencer. Upon roll call vote, the voting was as follows:
Aye: Aldermen: Horton, Jackson, Morris, Ray, Spencer, Woodell,
Hampton, Hightower.
No : None
The ordinance passed on the second reading.
The City Attorney was asked to read the ordinance the third
and final time, Alderman Morris made the motion to adopt and Alderman
Hampton seconded .the motion. Upon discussion from the Council it
was suggested by Aldermen Spencer and Jackson that the record show
what this ordinance means. Alderman Spencer stated that the record
should show this means exposed raw sewers to comply with EPA.
Upon roll call vote, the voting was as follows:
Aye: Aldermen: Horton, Jackson, Morris, Ray, Spencer, Woodell,
Hampton, Hightower.
No: None
The ordinance passed on the third reading.
A motion was made by Alderman Horton and seconded by Alderman .~,,~.
Hampton to adopt the Emergency Clause Section II of the Ordinance.
Upon roll call vote, the voting was as follows: ~~'~
Aye: Aldermen: Horton, Jackson, Morris, Ray, Spencer, Woodell,
Hampton, Hightower.
No: None
The ordinance with the Emergency has been adopted and given .~~
Ordinance No. 938, which reads as :follows: -`~
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ORDINANCE~``~NO.
I 1
'~ AN ORDINANCE TO WAIVE COMPETITIVE BIDDING,
I' ESTABLISHING AN EMERGENCY AND FOR OTHER PURPOSES .
jr,T_ REAS Arkansas Statute 19-~-~25 allows waiving of
et'~~tive bidding in exceptional situations where. such
comp ~
rocedure is deemed not feasible or practical, and '
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WHEREAS, there are many. items necessary for the-. Cityt s use.
ere com etiti~re bidding is deemed not feasible or practical;
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'NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPIiIS, ARKANSAS : - .
1. •That competitive bidding be waived for the following
f.tem to be used by the City, which is described as follows
t
89' o~ chain assembly; 4 - 4"~ x ~.40' steep pipe; 1 socket drive;
1 Receiver box; 2 inspection openin~s. ~ -
__.~~:._~___~ __ 4 775.00
Total Cost $ ,
TO BE PURCHASED FROM Halman Diyis~on/Conyeyox C4X~.
2. EZnergency Clause. - It having been found and determined
by the City Council of .the City of West Memphis, Arkansas that
there is an urgent need by t e City of West Memphis for the item
described above, an emergenc~ is hereby declared to exist, and
this Ordinance being necessai y for the preservation of the public
peace, health, safety and we~.fare of the citizens of West Memphis,
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Arkansas, shall be • in~ full force and effect from and after the
date of its pas sage and approval.
PASSED AND APPROVED this
na ~ ~
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ATTEST:
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CITY CLERi{
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day o f ,~ -' ~-- ~~ ,
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MAYOR
The next order of business was to adopt a Resolution from the
Arkansas Highway and Transportation Department a motion was made
by Alderman Ray and seconded by Alderman Spencer. Upon discussion
of the Resolution Alderman Hampton suggested that Mr. Burrell Fair,
Levee Board District be send a ropy of the resolution. There was
no further discussion and upon ro1.1 call vote, the voting was
as follows:
Aye r Aldermen: Horton, Jackson, Norris, Ray, Spencer, Woodell,
Hampton, Hightower.
No: None
The Resolution passed and was given Resolution No. 635, which
reads as follows:
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k~iLREAS, the City of k'est ~iemphis and its trace area has an economic
eed for e~: ansion of its economic base through new industrial growth, and
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t~iEREAS, the central concentration of L'he Mississippi l~:iver, major
railroads, two major interstates, and local airport, in a higl: potential
• but underdeveloped area• makes West Memphis the prime, future industrial
growth area for Arkansas, and
.WHEREAS, the City of West Memphis recognizes the potential and the
need fox a comprehensive plan and effort to develop to the fullest extent,
the multi-modal concept for meeting the industrial needs, including a major
industrial arterial, and
WHEREAS, the Ozark Regional Conunission has funds to support the proposed
development of a comprehensive plan for locating development, and funding of
such a system,
NOW, THEREFORE, }3E I1 RESOLVED EY TIIE CITY COUNCIL OF THE CITY OF 4~EST
MEMPHIS, ARKANSAS, does hereby authorize the 2~iayor, with the assistance of
the Arkansas Highway and Transportation Department and the East Arl:ansas
Planning and Development District, to make application to the Ozark Regional
Commission for the projected $60, 000.00 needed to fund said project.
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Adopted this ~~ day of July, 97.
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MAYOR
ATTEST:
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CITY CLEF.K l'~
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The City Attorney was asked to read Ordinance 715 Zonin Code
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be amended for the first time, a rnot.io.n was made by Alderman Jac
kson
and seconded by Alderman Horton. Upon discussion Alderman S encer
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made comments and ask questions concerning Section B, Item 5, of
the Ordinance, Mr. Calvin Avery, Building Inspector, made comments
and answered questions from the Comprehensive Plan Book for
Cities. During further discussion on this ordinance Alderman Ham t
p on
made comments from Section 7.4A, #2. Upon roll call vote, the
voting was as follows:
Aye: Aldermen: Horton, Jackson, Morris, Ray, Spencer, Woodell,
Hampton, and Hightower.
No: None
The ordinance passed on the first reading.
The next order of business was Ordinance to change the
West Memphis Comprehensive land use plan and to rezone lots 10, ll,
and 12 in Block 12 of M.L. Thompson's Subdivision in the City of
West Memphis, Arkansas, a motion was made by Alderman Ray and
seconded by Alderman Morris, to adapt the ordinance. Upon discussion
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from Alderman Hampton and Mr. Ralph Sloan, representing the
ordinance, during discussion it was stated by Alderman Horton
that this ordinance was rejected by the Planning Commission.
Further discussion was made by Rev. Ron Mizer as to why this ordinance
should not be passed. Upon roll call vote, the voting was as follows:
Aye: Aldermen: Morris and Hampton
No: Aldermen: Horton, Jackson, Spencer, Woodell, Ray, Hightower
The ordinance does not pass on the first reading.
The following committee reports were presented:
Budget Committee: by Alderman Jackson
Alderman Jackson made a motion that $750.00 be added to the
Civil Service Commission Budget for legal fees and for a court
reporter for the Haney Case, and if exceeds that amount the Council
will act again, seconded by Alderman Morris and upon roll call vote,
the voting was as follows:
Aye: Aldermen: Horton,,Jackson, Morris, Ray, Spencer, Woodell,
Hampton, Hightower.
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No: None
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A motion was also made by Alderman Jackson from the Budget
Committee that Manes and~~Associates Fee be raised from $400.00
to $600.00 and seconded by Alderman Hightower. Upon discussion
by the Council, Alderman Jackson withdrew her motion and
Alderman Hightower withdrew his second in order to turn this back
over to th e Budget Committee for further study.
Alderman Ray stated to the Council that the Fire Department
is in need of a couple of new cars.
Alderman Horton asked that Mr. Joryn Smith be contacted
concerning the CATV to set up a meeting and find out the progress
of the CATV and also Alderman Hampton inquired about the number
of persons having been connected for the load management. He
further stated that this should be advertised in the Evening
Times in order for people to know about it.
The Mayor made the following appointment, Mrs. Ness Sechrest,
to be added to the CATV Adivsory Committee, upon voice vote from
the Council, the voting was unanimous. Mrs. Sechrest was to be
notified of this appointment .
Mayor Ferguson complimented Mr. Calvin Avery for his good
works throughtout the City for work above and beyond the call of
duty .
Alderman Woodell stated that there is a conflict in the
City with business and industry uses of certain locality. He
further stated that the city should create an industry committee
• from elected businessmen, one resident person, and industrial
leader and one third person elected. He also wanted a resolution
of some kind drawn up in reference to this plus see that an
arbitration committee is formed to make reports to the Council
and other elected officials.
Alde rman Hampton stated that due to the fact there have been
a number of accidents on Park Drive and North Center due to the
changing of signs, made a motion that a four way stop sign be
put up on Park Drive and North Center an d seconded by Alderman
Morris. Upon discussion and voice vote of~the Council, the voting
was unanimous.
Alderman Hightower stated that for the good and safety of
the citizens in the area of 15th and Polk, made a motion to
put a four way stop sign on the corner of 15th and Polk seconded
by Alderman Jackson.. Upon discussion Alderman Spencer asked
Mrs. Louise Wheeler, Public Works Director, how would this affect
the sign program? She stated that: the Council has the authority
to do whatever they want to do But she will consult the manual
because all cities are suppose to comply with the uniform traffic
code but the City Council could override it. Upon voice vote on
the motion, the voting was unanimous. A stop sign is to be placed
on the Corner of 15th 8 Polk.
Alderman Hampton made a recommendation that a feasibility
study be made concerning the traffic West on Cooper off 7th Street
can there be a neutral lane for traffic going West on Cooper. The
Mayor suggested that the Street Committee check on this problem.
Alderman Morris stated that an ordinance needs to be reworked
concerning the Grass clippings and feel that the ordinance need
to be revised and allow plastic bags for grass clippings instead
of burlap bags,-which .are so hard to find.
Mayor Ferguson complimented the City Council for the tough
decisions that they have to make.
Alderman Jackson made a complaint that was reported to her
concerning the Utility Department, town truck. She also mentioned
how nice the lawns looked around City Hall.
Alderman Spencer made a motion to adjourn, seconded by
Alderman Morris, upon voice vote, the voting was unanimous.
PASSED AND APPROVED this __~
day of
1978.
MAYOR
ATTEST:
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~11Y CLERK
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