Loading...
July 21, 1977~1 MINUTE S WEST MEMPHIS CITY COUNCIL JULY 21, 19 7 7 A regular meeting of the West Memphis City Council was held on July 21, 1977, in the council chamber at City Hall in West Memphis, Arkansas, at 1:30 p. m. Present were: Mayor Joyce T. Ferguson City Attorney Robert Smith Aldermen: Roberta Jackson Doug Morris R. H. Ray Doug Shelton W. R. Spencer Lloyd Woodell Grimsley Charles Hampton James Hightower Pritchard Horton being a quorum. Mr. Clyce Horst offered prayer. Mayor Ferguson recognized about sixty-five people by awarding them certificates of appreciation for their participation in the Pick Up Arkansas Campaign. Mayor Ferguson praised Alderman Roberta Jackson and Ms. Elizabeth Bosi for their leadership and diligence in making the campaign a success for West Memphis. The Mayor recognized Mr. Morris Fair who presented the matter of an additional $200, 000 on the Delta Case Bond Issue which had previously been approved, hearing having been held on February 17, 1977. The Mayor stated that consideration should be given to an ordinance authorizing a Lease and Agreement by and between the City and Delta Case Company, Inc. This was a matter with which the council was familiar and after a discussion, Alderman Morris introduced an ordinance entitled: An Ordinance Authorizing a Lease and Agreement by and Between the City of West Memphis, Arkansas, as Lessor, and Delta Case Company, Inc., as Lessee, in Substantially the Form and with the Contents set Forth and Made a Part of the Ordinance; Authorizing the Execution and Delivery of the Lease and Agreement; Prescribing ~~ ~, ~~~ /~0,;1 AGE other Matters Relating Thereto; and Declaring an Emergency. City R Attorney Smith read the ordinance in full. Alderman H©rton, seconded by Alderman Hampton, moved that the rule requiring the reading of an ordinance or resolution in full on three different days be suspended and that the ordinance be placed on its second reading . The Mayor put the question on the adoption of the motion and the roll being called, the following voted aye: Aldermen: Morris, Jackson, Ray, Shelton, Spencer, Woodell, Grimsley, Hampton, Hightower and Horton. None voted Nay. Thereupon the Mayor declared that at least two-thirds of all members of the Council having voted in favor of the motion to,~uspend the rule, the motion was carried and the rule suspended. The ordinance was then read by the City Attorney. Alderman Spencer, seconded by Alderman Morris then moved that the rule requiring the reading of an ordinance in full on three dif- ferent days be further suspended and that the ordinance be placed on its third reading. The Mayor put the question on the adoption of the motion and the roll being called the following voted aye: Aldermen: Morris, Jackson, Ray, Shelton, Spencer, Woodell, Grimsley, Hampton, High- tower and Horton. None voted nay: The Mayor declared that at least two-thirds of all members elected to the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read by the City Attorney. Alderman Hightower, seconded by Alderman Jackson, moved that the ordinance be adopted. The question was put by the Mayor on the adoption of the motion and the roll being called, the following voted aye: Aldermen: Morris, Jackson, Ray, Shelton, Spencer, Woodell, Grimsley, Hampton, Hightower and Horton. None voted nay. Alderman Woodell, seconded by Alderman Shelton, moved that Section 5, the emergency clause, be adopted, and on roll call the following voted aye: Aldermen: Morris, Jackson, Ray, Shelton, Spencer, Woodell, Grimsley, Hampton, Hightower and Horton. None voted nay. ,~ p 2~~ The Mayor thereupon declared the ordinance and the emergency I clause adopted and signed the ordinance, which was attested by the i . City Clerk and impressed with the seal of the City. The ordinance was iven No. 907. Ij . ~ --- f~ /;~~ ORDINANCE NO. AN RDINANCE AUTHORIZING A LEASE AND AGREEMENT BY D BETWEEN THE CITY OF NEST MEMPHIS, ARKAI~ISAS, AS LESSOR, AND DELTA CASE CONI PANY , INC . , AS LESSEE , IN SUBSTANTIALLY THE FORM AND j~VITH THE CONTENTS SET ~, FORTH AND MADE A PART OF THE ORDINANCE;. AUTHORIZING . THE EXECUTION AND DELIVERY CF THE LEASE AND AGREEMENT; PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY. BE IT ORLDAINED by the City Council of the City of West Memphis, _ Arkansas; ~ _ Section 1. That there be, and there is hereby authorized the execution and delivery of a Lease and Agreement (the "Lease Agreement"} wherein the City of West Memphis, Arkansas (the "City"), is Lessor, and Delta Case Company, Inc . , an Arkansas corporation ("Delta Case") , is Lessee, pertaining to certain machinery, equipment and facilities described therein, in sub- stantially the form and with substantially the contents hereinafter set forth, and the Mayor and City Clerk be, and they are hereby, authorized to execute, acknowledge and deliver the Lease Agreement for and on behalf of the City. The form and contents of the Lease Agreement, which are hereby approved and which are made a part hereof, shall be substantially as follows: ~-»; ~, ~_. t ~ ~~~ . Section 2 . That the Mayor and City Clerk be and they are hereby , authorized and. directed, for and on behalf of the City, to do all things, execute all instruments and otherwise take all action necessary to the realization of the City's rights and to the discharge of the City's obligations as Lessor under the Lease Agreement . Section 3. That the provisions of this Ordinance are hereby declared to be separable, and if any section, phrase or provision shall, for any reason, -_ be declared to be invalid, such declaration shall not affect the validity of the remainder of the sections, phrases or provisions. Section 4. That all ordinances and parts of ordinances •in conflict ~~herewith are hereby repealed to the extent of such conflict. - _ Section S . That there is hereby found and declared to be an immediate need for the securing and developing of industry at the City in order to provide additional employment. and increased payrolls, alleviate unemployment and provide other benefits incidental to the operation of a substantial industry, and the execution and delivery of the Lease Agreement authorized by this Ordinance are necessary for the accomplishment of these public benefits and purposes . It is, therefore, declared that an emergency exists, and this Ordinance, being necessary for the immediate preservation of the public peace, health and safety,~shall be in force and take effect immediately upon and after 'its passage. r,,. -• ,_~ PASSED: ~ ~ ~.y~' ~ 1977. APPROjJED: ATTEST: ~ ~ v `~' %~~'-2-~~ ayor . City Clerk (SEAL) ~ e~ ~~f ~:;,~ ~:~s5 The Mayor stated that consideration should be given to an ordinance authorizing the issuance of Industrial Development Revenue Bonds under Act No. 9 authorizing the execution and delivery of a Trust Indenture and related matters. This was a matter with which the Council was familiar and after a discussion, Alderman Grimsley intro- duced the ordinance. City Attorney Robert Smith read the ordinance in full. Alderman Ray, seconded by Alderman Grimsley, moved that the rule requiring the reading of the ordinance or resolution in full on three different days be suspended and that the ordinance be placed on its second reading. The Mayor put the question on the adoption of the motion and the roll being called the following voted aye: Aldermen: Morris, Jackson, Ray, Shelton, Spencer, Woodell, Grimsley, Hampton, Hightower, Horton. The following voted nay: None. Thereupon the Mayor declared that at least two-thirds of all members of the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read by the City Attorney. Alderman Hampton, seconded by Alderman Shelton, then moved that the rule requiring the reading of an ordinance in full on three dif- ferent days be further suspended and that the ordinance be placed on its third reading. The Mayor put the question on the adoption of the motion and the roll being called the following voted aye: Aldermen: Morris, Jackson, Ray, Shelton, Spencer, Woodell, Grimsley, Hampton, High- tower and Horton. None voted nay. The Mayor declared that at least two-thirds of all members elected to the council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read by the City Attorney. Alderman Morris, seconded by Alder- man Horton, moved that the ordinance be adopted. The question was put by the Mayor on the adoption of the motion and the roll being called, the following voted aye: Aldermen: Morris, Jackson, Ray, Shelton, Spencer, Woodell, Gri n~sley, Hampton, Hightower and Horton. None voted nay. ~r ::~: ;~ , ~~~ The Mayor thereupon declared the ordinance and the emergency clause adopted and signed the ordinance, ~hich was attested by the City Clerk and impressed with the seal of the City. The ordinance was given No. 908. :r AN ORDINANCE AUTHORIZING THE ISSUANCE OF INDUSTRIAL ~. DEVELOPMENT REVENUE BONDS UNDER ACT NO. 9 OF THE FIRST EXTRAORDINARY SESSION OF THE SIXTY-SECOND GENERAL ASSEMBLY OF THE STATE OF ARKANSAS , APPROVED ', JANUARY 21, 19 60 , AS AMENDED , FOR THE PURPOSE OF PROVIDING PERMANENT FINANCING OF THE COSTS OF SECUR- ING AND DEVELOPING INDUSTRY (THE PARTICULAR INDUSTRIAL PROJECT IS DESCRIBED IN THE ORDINANCE); AUTHORIZING THE EXECUTION AND DELIVERY OF A TRUST INDENTURE SECURING THE BONDS; AUTHORIZING AND PRESCRIBING OTHER MATTERS PERTAINING TO THE ACQUISITION, CONSTRUCTION AND EQUIPMENT OF THE INDUSTRL~IL PROJECT. AND THE FINANCING THEREOF; AND DECLARING AN EMERGENCY. WHEREAS , the City of West Memphis , Arkansas (the "City") , is authorized by Act No . 9 of the First Extraordinary Session of the Sixty- Second .General Assembly of the State of Arkansas , approved January 21, 1960, as amended ("Act No. 9"}, to acquire, construct and equip facilities and to incur other costs and expenses and make other expenditures incidental to and for the implementing and accomplishing of the conduct of manufacturing . operations; and WHEREAS, the City is authorized by Act No. 9 to issue industrial .development revenue bonds payable from revenues derived from the industrial prof ect so acquired and constructed and secured by a lien thereon and security interest therein; and WHEREAS, the necessary arrangements have been made with Delta Case Company, Inc. , an Arkansas corporation ("Delta Case"), for the acquisition and construction of a manufacturing plant, consisting of lands, buildings, impro~ menu , machinery, equipment and facilities , which will be utilized for the manufacturing of such products as Delta Case shall elect to manufacture and a portion of the plant (the "Project") will consist of machinery, equipment and facilities to be operated as a part thereof; and ~' ~ Fy- 3 '; { ~} &' apb• ~; `' SectiocZ Z . That the issuance of the Bonds is hereby authorized , To prescribe the terms and conditions upon which the Bonds are to be executed , authenticated , issued , accepted , held and secured , the Mayor is hereby. authorized and directed to execute and acknowledge a Tnast Indenture (the "Indenture"), and the City Clerk is hereby authorized and directed to execute and acknowledge the Indenture and to affix the seal of the City thereto, and the Mayor and City Clerk are ,hereby authorized and directed to cause the Indenture to be accepted , executed and acknow- ~: ledged by the Trustee. The Indenture, which constitutes and is hereby made a part of this Ordinance, shall be in substantially the following form, to wit: WHEREAS, permanent financing of the Project costs, necessary costs and expenditures incidental thereto and expenses of authorizing and issuing Bonds is being furnished by the City's issuing Industrial Development Revenue Bonds under the provisions of Act No. 9 (the " Bonds ") ; and WHEREAS , the Project will be owned by the City and leased to Delta Case pursuant to a Lease and Agreement (the "Lease Agreement"}; and WHEREAS, the details of the Bonds and the nature and extent of the security therefor is set forth in the Trust Indenture authorized by this Ordinance; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Memphis, Arkansas: . Section I . That there be, and there is hereby authorized and. directed the following: (a} The sale of the Bonds to UMIC, Inc. , Memphis, Tennessee , and the execution by the Mayor and City . Clerk of a commitment with such purchaser for the i price and pursuant to the terms recommended by Delta Case (a copy of which shall be filed in the office of the City Clerk); (b) The acquiring, constructing and equipping of the Project in accordance with the provisions of the Lease Agreement; and (c) The performance of all obligations of the City under the Lease Agreement pertaining to the acquiring, constructing and equipping of the Project. ~~ Section 3. That the Mayor and City Clerk, for and on behalf of the City, be, and they are hereby, authorized and directed to do any _ , and all things necessary to effect the execution and delivery of the Indenture, its execution and acceptance by the Trustee, the performance of all obligations of the City under and pursuant to the Indenture, the execution and delivery of the l3onds, .the execution and delivery of an Official .Statement, and the performance of all acts of whatever nature necessary to effect and carry out the authority conferred by the Indenture _ and by this Ordinance. That the Mayor and City Clerk be, and they are hereby, further authorized and- directed, for and on behalf of the City, to execute all papers, documents, .certificates and other instruments that may be required for the carrying out of such authority or to evidence the exercise thereof . , . Section 4 . That the City is here involved with the acquiring, constructing and equipping of industrial facilities , and pursuant to applicable ~ laEVs of the State of Arkansas , including particularly Act No . 9 , competitive bidding is waived . Section 5 . .That the provisions of this. Ordinance are hereby declared to be separable, and if any section, phrase or provision shall for any reason be declared to .be invalid, such declaration shall not affect .the validity of t<}ie remainder of the sections, phrases and provisions. Section 6. That alI ordinances, resolutions- and parts thereof in conflict herewith are hereby repealed to the. extent of such conflict. Section 7. That there is hereby found and declared to be an immediate need for tli e securing and developing of industry in order to provide employment and payrolls, alleviate unemployment and othercwise benefit the public healtl~, safety and welfare of the City and the inhabi- tants thereof, and the issuance of the 13onds authorized hereby and the taking of the other action authorized hereby are immediately necessary for the accomplishing of these public benefits and purposes, It is, .,_._ ......... ... ...~ yy~.,,,._~u, ~'I • ~ i declared that an emergency exists and this Ordinance being necessary therefore, for the immediate preservation of the public peace, health and safety shall be in force. and effect immediately upon and after its passage. ~, - i_ v' 19 7~ . PASSED: ' '- APPROVED: ATTEST :. _~ ~~~ ,~ ~ ~` M r City Clerk Mayor Ferguson recognized Mr. Jim Williams of the East Central ~~sas Economic Opportunity Corporation who explained a utility grant. for low income families, handled by the Community Action Agency, is riot a "supplement for utility bills, but for emergency. purposes such as insulating or minor repairs. Mr. Williams stated $27, 000 had been ~- given, for Crittenden County. Money will be distributed on an individual basis with the idea of cutting down on fuel. They will have an office at the Neighborhood Facility at 13th and Polk. The money is supposed to be obligated by the rend of August. this year. The mayor stated it was necessary to approve or correct the minutes- of the recessed meeting on Juni 28, 1977. Alderman Grimsley made a motion to approve the minutes. - Alderman Morris seconded the motion and upon voice vote, the minutes were unanimously approved. The Mayor stated it was necessary to approve or correct the ~~ minutes of July 21, 1977, council meeting. Alderman Shelton asked the City Attorney to make a ruling on the manner in which the vote was counted on the utility rate ordinance in the meeting of July 21. The " ., City Attorney advised 1'Te could waive approval of the minutes until another meeting and he would research the matter and furnish a written opinion. Alderman Shelton asked if this would disqualify the vote as far as the second reading of the utility ordinance. The City Attorney said ~~_ ,~ ~ ~~< :~ ~. ~'`Y he felt that the ordinance was properly read and passed on the first reading and was in proper order. Alderman Ray made a motion to table the minutes . Alderman Shelton seconded the motion and upon voice vote, the motion carried and the minutes of July 7, 1977, were tabled. Those voting for the motion were: Aldermen Morris, Jackson, Ray, Shelton, Spencer, Woodell, Grimsley, Hampton, Hightower. Alderman Horton voted against the motion. The Mayor announced the minutes are tabled until the next meeting. The Mayor announced that citizens requests were in order and recognized Leon Duvall, 1405 Rich Road. Mr. Duvall raised the ques- tion of utility deposits from customers drawing interest; also asked whether the $700, 000 is drawing interest and what it is being used for. Mr. Devall spoke in favor of a utility commission. The Mayor recognized Mr. Stanley Card, Dover Road in West Memphis, who asked why the money refunded and the interest b,~i.~g> accrued on that an on the customer deposits couldn't be used to pay fuel adjustment costs during the heavy three months of electricity use. The Mayor advised this suggestion could be taken up at a utility com- mittee meeting. Mr. Dan Craft, who operates a business on Broadway in West Memphis, stated that the people want a Utility Commission and gave reasons why he felt West Memphis should have a commission instead of the utility business being handled by the council. Mr. John Traugh, 913 South Roselawn, made a formal request of his aldermen, Mr. R. H. Ray and Mr. Charles Hampton, to request the matter of the council meeting time being changed from 1:30 p. m. in the afternoon to some time in the evening, be put on the agenda of the next council meeting. Mr. Traugh ,stated private citizens could attend council meetings if the council met some time in the evening instead of 1:30 in the afternoon. Mr. Traugh questioned the financial matters of the city. Mr. Dick Tidwell, Finance Director, gave Mr. Traugh answers to his questions on how money was spent. !. - Alderman Morris made a motion for afive-minute recess which was seconded by Alderman Shelton ~..nd upon voice vote being un- animous, the Mayor granted afive-minute recess. The M~.yor called the meeting back to order at 3:15 p. m. :~ The Mayor announced the first item of old business on the ~ , agenda to be the third reading of the ordinance concerning the Auditorium Commission being increased from five to seven members. City Attorney Smith read the ordinance the third time. Alderman Jackson made a motion. to adopt the ordinance.. Alderman Ray seconded the motion and upon roll cal1~ vote, the motion carried by a vote of seven to three. Those voting for the ordinance were: Alderman Jackson, Ray, Shelton, ~ Spencer, °Woodell, Grimsley, Hightower. Those "voting against the ordinances were: Aldermen Morris, ~Hamtpon and Horton. -The ordinance was given number 909 and is as follows:. 7 -_ ...."~ ~_~.. f•' ~ ORDINANCE N0. AN ORDINANCE TO AMEND ORDINANCE N0. 815, ENLARGING THE AUDITORIUIK COrv1MI S S I ON BY TTiv'O (2) MEMBEP.S , DESIGNATING TERMS , AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COVi`ICIL OF THE CITY OF JEST MEMPHIS , ARKANSAS: Section 1. Ordinance No. 815, dated September 19, 1974, is amended to read as follows: "ty'Iembership of said [hest Memphis Auditorium Commission is hereby enlarged by two (2) additional members. Said members shall be appointed by the Mayor and confirmed by a majority vote of the duly elected qualified members of the City Council and shall be appointed for terms ~~~~ ~: ~ designated by the Mayor with the term of-one (1) member to expire six (6) years from the date of said appointment, and the term of the other member to expire seven. (7) years from the date of appointment. Nothing herein shall effect or reduce the term of any member now serving on the West Memphis Auditorium Commission; provided, however, that upon the expiration of the term of off ice of any member of the West Memphis Auditorium Commission now serving the successor member shall be appointed for staggered terms, with the term of one (1) member expiring each year. Section 2. The Mayor of the City of West Memphis shall ~,3~ an ex-officio member of the West Memphis Auditorium Commission." Section 3. Any mention of an Auditorium Commission, Connnissioners, or Commission, in Ordinance No. 81~, dated September 19, 1974, is amended to read "West .Memphis Auditorium Commission, Commissioners or Commission." PASSED AND ADPROVED this ~' ~ ~ :~~ .day o f .~~ ~ - ,~ 1977. ~-~ MAYOR ATTEST: _. ~?, , CITY CLERK The Mayor announced the next of item of old business to be _ i the third reading of an ordinance establishing procedures for the Mayor to sell or exchange city property: ~ City Attorney Smith read the ordinance for the third and final time. Alderman Ray made a motion td adopt the ordinance on the third reading. Alderman Jackson seconded the motion and upon roll call vote, the motion carried and the ordinance was adopted on the third reading, all members of th e council voting for the ordinance, and given number 910. The ordinance follows .~ . , .~ ~,~,;r ., C, _ f' 2~~3 ORDINANCE id0. ~ / ~ AN OP.DINANCE ESTABLISiiING PROCEDURES FOR THE i~1AY0R TO SELL OR EXCHANGE CITY PROPERTY, A.~~1D FOR OTHER PURPOSES . WHEREAS, Arkansas Statute 19-4427 states that the t~tayor or his or her duly authorized representative may sell or exchange municipal supplies, and WHEREAS, the City Council shall establish by Ordinance the maximum amount which nay be sold or exchanged without competitive bidding, and WHEREAS, the Mayor shall certify in writing to the Governing Body in his or her opinion the fair market value of such item/items or lot/lots is less than the amount established by Ordinance; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEr~iPHIS , ARKANSAS Section 1. The City Council of the City of West Memphis, Arkansas, hereby authorizes the Mayor to sell or exchange all. materials, or supplies, or property, under the amount of One Thousand Dollars ($1,000.00), without competitive bidding. Section 2. The Mayor shall certify in writing to the Governing Body in his or her opinion the fair market value of such item/items or lot/lots is less than the amount established by Ordinance. Section 3. All Ordinances or parts of Ordinances in conflict herewith, are hereby repealed. .-~ PASSED AND APPROVED this --~ ~ day of 1977. ATTEST: _.___ ~'' .,/ 1/p i CITY CLERK ~ ~~ MAYOR ~~ City Attorney Smith read an ordinance to amend ordinance 429 Section three and five concerning bond for gas fitters. Alderman Grimsley made a motion to adopt the ordinance. Alderman Morris seconded the motion and upon roll call vote, the ordinance vvas adopted all aldermen voting for the ordinance, and given number 911, as follows: AN ORDINANCE TO AMEND ORDINANCE N0. 42g SECTION THREE (3}, SECTION FIVE (5}, OF SAID ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION I. Ordinance No. 429, Section Three (3), shall be amended to read as follows: "No license shall be issued to any GAS FITTER unless such GAS FITTER shall have and maintain an established place of business within the City Limits of West Memphis, Arkansas; and, have displayed in a prominent location his business name, and shall maintain a telephone .at the business. A Field Office located within the City Limits shall not be considered as an established place of business. SECTIOPJ II. That part of Ordinance No. 429, Section Five (5) which reads:.- ... "Every GAS FITTER performing GAS INSTAL- lATION work in the City of West Memphis shall give a bond in the penal sum of One Thousand Dollars ($1,000.00) to be approved by the Board of Examiners;... shall be amended to read: - ... `~CVery GAS FITTER performing GAS INSTALLATION work in the City of West Memphis shall give a bond in the amount of Five Thousand Dollars ($5,000.00) to be approved by the Board of Examiners;"... SECTION III. "The Board of Examiners shall have the power and authority to issue to an individual, company, or corporation, a Certificate of Examination for License that would exempt an individual, company or corporation from complying with the sections on established place of business and/or bondage." _,,--- PASSED AND APPROVED this / day of ~ ~-~ ~ y , 1977. '~ MAYOR ATTEST: c~ ~ _,~ CITY CLERK ~~ The Mayor announced the next item of old business to be the i ,I second reading of an ordinance to establish electric rates. Alderman Spencer asked how we can vote on this ordinance as the minutes were not approved from last meeting. The Mayor asked the City Attorney ', if the second reading of the ordinance is in order. The City Attorney ~, ' decision. Alderman Shelton stated when he (electric rates) ~! ruled it is the Mayor s asked for the ruling questioning the procedure in the vote tally on the first reading the City Attorney said he would study the matter and we agreed not to approve the minutes. That vote is not approved until the minutes are approved. The Mayor ruled the second reading of the ordinance was in order. Alderman Hampton questioned the City Attorney again as to whether or not the matter should come up. The City Attorney said the presiding officer has under her discretion what matters she wants brought up. The Mayor again ruled the second reading of the ordinance was in order. Alderman Jackson asked how this can be done if the minutes were not approved. The Mayor said the concern is the ordinance and not the approval of the minutes. City Attorney Smith read the ordinance the second time. Alderman Grimsley made a motion to adopt the ordinance on the second reading . Alderman Morris seconded the motion. Upon roll call vote, the motion was defeated by a vote of six to four. Those voting for the motion were: Aldermen Morris, V~Toodell, Grimsley and Horton. Those voting against the ordinance were: Aldermen Jackson, Ray, Shelton, Spencer, Hampton, Hightower. The Mayor announced the next order of business to be the first reading of an ordinance to amend Ordinance 832 on wrecker service. (wrecker service) City Attorney Smith read the ordinance the first time. Alderman Ray made a motion to adopt the ordinance. Alderman Jackson seconded the motion. During discussion, Alderman Jackson withdrew her second to adopt the ordinance; Alderman Ray withdrew his motion to adopt the ordinance. r ~~~~ The Mayor announced the next item of new business to be the first reading of an ordinance for annexation. City Attorney Smith read the ordinance the first time. Alderman Hampton made a motion to adopt the ordinance on the first reading. Alderman Morris seconded the motion. After discussion on the location and upon roll call vote, the ordinance was unanimously adopted on the first reading, all aldermen voting for the adoption of the ordinance. The Mayor asked for Committee reports. The Mayor stated we have a recommendation from the Board of Review that stores dis- playing and selling adult magazines be asked to put them out of reach and sight of children; that they be sold to adults only by request and if this is not complied with then the matter will be turned over to the Chief of Police for further action. Alderman Morris made a motion the recommendation of the Board of Review be accepted. Upon motion duly seconded and voice vote, it was unanimously (Board of RESOLVED, That stores in V~Test Memphis Review mag.) selling adult magazines are to be asked to put them out of the reach and sight of children; that they are to be sold to adults only by re- quest and if this is not complied with, then the matter will be turned over to the Chief of Police for further action. Alderman Spencer, Chairman of the Budget Committee, made a motion that the council authorize the Mayor to spend funds for a plaque for the old city hall building to indicate the name of the building as the O. I. Bollinger Building. Upon motion being duly seconded and voice vote, it was unanimously RESOLVED, That the Mayor is hereby authorized to spend money for a plaque naming the old city hall the O. I. Bollinger Building. The Mayor stated it will be made a matter of record what account this comes out of the next council meeting. Alderman Spencer stated the City Attorney has made a request to the City Council for an air conditioner for his office. Ap- W , ~µ, .~ 2~:~i' proval was delayed pending the Mayor's office finding out whether or not an air conditioner was available from the Tabernacle property. Alderman Spencer made a motion for the council to approve a telephone maintenance contract for the year which comes up the 28th of this month for $100.00 per month. Alderman Shelton seconded the motion and upon voice vote, it was unanimously RESOLVED, That the contract for telephone maintenance is to be renewed for one year. Alderman Spencer stated the budget committee has recom- mended that city employees be polled to see if they want to switch insurance from Municipal League to Blue Cross-Blue Shield or other carriers. Alderman Horton asked who will be explaining the plan to them. The Mayor stated the poll is to be taken by the Finance Director and the plan will be presented to the council after the poll is made. Dick Tidwell made an explanation of the reason for the poll. Alderman Hampton asked to be relieved from serving on that insurance committee because he hasn't been called the last two meetings. Upon motion being duly seconded and after discussion and upon voice vote, it was unanimously RESOLVED, That the Finance Director (Hosp.Ins. is hereby authorized to take a poll of poll) city employees to see if they want to switch from Municipal League insurance to Blue Cross Blue Shield. Alderman Woodell, Chairman of the Higher Education Com- mittee, commend on good response on registration for classes at ASU and in the future ask them to register credit and non credit courses on the same night. Alderman Woodell also stated that citizens are question- ing the purchase of this building and representing the people of West Memphis we need to look into possibly having the facility appraised and set up in some type private ownership until we can get out of the city's hands. Let the dducation committee decide what type of private owner- ship it should go in and start levying a charge for the use of it. Will ~~.8 present a recommendation from the committee later. Alderman Woodell made a motion that a strong resolution be made to send to our federal elected officials as well as the Governor of the State of Arkansas encouraging the authorization and rapid funding of the proposed Corps of Engineers project for this area. Alderman Morris seconded the motion. During discussion, Alderman Spencer commented that the developers have an obligation to the people they sell houses to also. Upon voice vote, it was unanimously (flood plain RESOLVED, That a strong resolution shall study) be prepared and sent to our federal elected officials as well as the Governor of the State of Arkansas encouraging the authori~.ation and rapid funding of the proposed Corps of Engineers project for this area. Alderman Hampton, Chairman of the Street Committee, reported that Mr. Henry Gray, Arkansas Highway Department, came over and brought Mr. Barnett and Mr. Davis to a meeting with the Mayor and the Street Committee. Alderman Shelton stated the Committee on the Boys Clubs met four weeks ago but stated that the two Boys Clubs have to get together before the committee can do anything. Alderman Jackson stated the Wonder Boys Club had their proposal and the West Memphis Boys Club did not have theirs: that they can't do a thing until the merger of the clubs; that the West Memphis Boys Club needs money and the Wonder Boys Club needs a building and they have to get together and come up with some kind of understanding. The Mayor stated that we have received a grant agreement from the county from July 1, 1977, to November 30, 1977, for CETA II funds in the amount of $ 7, 799. 00 that she would like permission to sign the grant. Upon motion being duly made, seconded and unanimously carried, it was ~°~ ,~^,. ~„ RESOLVED, That the Mayor is hereby (CE TA II funds) i authorized to sign the grant agreement ~ for CETA II funds in the amount of $ from July 1, 1977 to November 30, 1977. ~' The Mayor made the following appointments: Mr. James Brodgon, 722 North Fourteenth Street from Ward 4, to the Civil Service (Civil Service) Commission. appt. To the City Beautiful Commission, the Mayor appointed Mrs. Marcus Jones, 2103 Gathings. The Mayor announced the department heads have met to discuss the rules and regulations of the Civil Service Commission and would like to have input in writing, if possible, from the aldermen; that she would appreciate their comments. The Mayor announced that Dover Street is ready to go as soon as we get right-of-ways. The Mayor announced the city sale. Alderman Hampton made a motion to take the chipper out of the city sale. Alderman Shelton seconded the motion and after discussion and upon voice vote, it was unanimously agreed the chipper would be taken out of the city sale. Alderman Grimsley announc ed a Utility Meeting will be held at 4 o'clock on Tuesday in the week preceding the next council meeting. There being no further business to come before the council, Alderman Grimsley made a motion to adjourn. Upon motion being duly seconded and unanimously carried, the meeting adjourned at 5:00 p. m. ~~ Mayor ATTEST: ___.__ "~ ~- ~`" City Clerk Cl ~~,,~ _ ~ ,~ d of C~- ~~ /jG~- c c _> ~,~r-~ ~-~'-C 2~r~ ~~ ~. ,..t