August 25, 1977~~~
MINUTES
CALLED MEETING OF THE
WEST MEMPHIS CITY COUNCIL
AUGUST 25, 1977
A called meeting of the West Memphis City Council was held
at 5:00 P. M. , on August 25, 1977, in the Council Chamber of West
Memphis City Hall. Waivers of Notice of Meeting were signed by
all of the Aldermen and received by the clerk. Present for the
meeting were:
Vice-Mayor Pritchard Horton
City Attorney Robert L. Smith ,
Aldermen:
Lloyd Woodell
. Don Grimsley
Charles Hampton
James Hightow e r
Pritchard Horton
Roberta Jackson
Doug Morris
R. H. Ray
Doug Shelton
W. R. Spencer
Mayor Joyce T. Ferguson was absent . The meeting was called to
order by Vice-Mayor Pritchard Horton. Alderman Doug Shelton offered
prayer.
Vice-Mayor Horton asked the City Attorney to read a resolution
concerning the boys clubs. City Attorney Smith read a resolution
which provided for a recommendation being made to the council by a
merged board of the two boys clubs in the city for use of the funds
received from Southland Racing Corporation Charity Days.
Alderman Woodell made a motion to table the resolution inde-
finitely. Alderman Morris seconded the motion. After discussion and
roll call vote, the resolution was tabled by a majority vote of eight
to two. Alderman Ray and Council Woman Roberta Jackson voted
against tabling the motion. Alderman Woodell made a motion that the
city take action on the recommendation from the Boys and Girls Club
Steering Committee- and disburse $5000 to each of the boys clubs with
the additional statement that the council might want to place some
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restraints on it. Alderman Shelton seconded the motion. After dis-
cussion and upon roll call vote, by a vote of nine to one, it was thereby
RESOLVED, That thE~ council hereby
accepts the recommendation of the Boys
and Girls Clubs Steering Committee and
does hereby authorize the issuance of
$5000 to each of the Boys Clubs.
All Aldermen voted "Aye" on the motion with the exception of Council
Woman Roberta Jackson who voted "No".
Vice-Mayor Horton asked thE; City Attorney to read the
Resolution for the BOR application. City Attorney Smith read the
resolution which would authorize the application for BOR funds.
Alderman Grimsley made a motion to adopt the resolution. Ai.derman
Morris seconded the motion. During discussion, Alderman Woodell
called for the question. Vice-Mayor Horton stated the question had
been. called for and asked for a roll call vote on the motion. Upon
roll call the vote was seven to three in favor of the motion. Voting
for the motion to adopt the resolution were: Aldermen Woodell,
Grimsley, Horton, Morris, Ray, Shelton and Spencer. Voting against
the motion to adopt the resolution were Aldermen Hampton, High-
tower and Jackson. The resolution `vas given Number 596.
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RESOLUTION NO. _~~
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WHEREAS, The City of West Memphis, Arkansas, seeks to improve the
recreational facilities in its City and desires to have Federal
Assistance where possible; and
WHEREAS, in order to obtain the funds necessary to develop the site
as a recreational area it is necessary to obtain a grant from the
appropriate agency of the United States Government; and
WHEREAS, The plans for such recreational area have been prepared
and the estimated price therefor has been established; and
WHEREAS, The City Council of the City of West Memphis, Arkansas,
is well aware and apprised of the above mentioned project, and
that the City of West Memphis, Arkansas, will provide the local
portion of the development cost of the entire project, and that
said. recreational area shall be maintained perpetually as a re-
creational facility;
NOW; THEREFORE, BE IT RESOLVED by the City Council of the City
of West Memphis, Arkansas, that the Mayor of said City or
other persons acting by or under the Mayor's direction, are
hereby authorized to make application through the Department of
Local Services to the Bureau of Outdoor Recreation, United
States. Department of Interior for assistance to develop the
.recreational facilities for the City of West Memphis, Arkansas, and
BE IT FURTHER RESOLVED that such application is to be submitted as
expeditiously as possible.
PASSED and APPROVED this t~ day o 1977.
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ice-Mayor
ATTEST:
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City Clerk
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Alderman Ray introduced an ordinance entitled" An Ordinance
Establishing a West Memphis Utility Commission, Appointing Five c 5)
Resident Elector Citizens as Members and One (1) Alderman to
Serve As Liaison Between The Com~:nission and the Council; Pro-
viding for the Authority to Operate, Manage, and Control the West
Memphis Utility Department, Declaring and Emergency and for Other
Purposes. " Alderman Woodell moved that the rule requiring the
reading in full on three different days be suspended. Alderman
Hampton seconded the motion. Upon roll call vote, the motion was
unanimously adopted and the rule wa.s suspended. The City Attorney
read the ordinance the second time. Alderman Morris moved the
rule requiring the ordinance read on. three different days be further
suspended. Alderman Shelton seconded the motion. Upon roll call
vote, the motion was unanimously carried and the rules were further
suspended . City .Attorney Smitr~ read the ordinance the third and
final time. Alderman Ray moved the ordinance be adopted. Alder-
man Jackson seconded the motion. :During discussion the question
was called for by Alderman Grimsley. Upon roll call vote the motion
unanimously carried . Alderman Hightower moved that Section 24,
the Emergency .Clause be adopted.. .Alderman Grimsley seconded the
motion and upon roll call .vote, the rr~otion unanimously carried and
the ordinance and the Emergency Clause were adopted. The Ordinance
was given number 915.
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C ,
ORDINANCE NO. ~ -~
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AN ORDINANCE ESTABLISHING A WEST MEMPHIS UTILITY
COMMISSION, APPOINTING FIVE (5) RESIDENT ELECTOR
CITIZENS AS MEMBERS AND ONE (1) ALDERMAN TO SERVE
BETWEEN THE COMMISSION AND THE COUNCIL;
PROVIDING FOR THE AUTHORITY TO OPERATE, MANAGE,
AND CONTROL THE WEST MEMPHIS UTILITY DEPARTMENT,
DECLARING AN EMERGENCY AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
MEMPHIS, ARKANSAS That
Section 1. Repeal: Ordinance No. 830, dated April 17, 1975,
establishing a West Memphis Utility Committee is hereby repealed.
Section 2. Creation: There is hereby created a Utility Com-
mission for the City of West Memphis, Arkansas, to be designated the
West Memphis Utility Commission which shall hereinafter be called the
Commission.
Section 3. Appointments: The Commission shall be composed of
five (5) resident elector citizens and one (1) West Memphis Alderman,
all. of whom shall be appointed by the Mayor and confirmed by a majority
vote of the City Council. The Alderman shall serve as
the Commission and the City Council. The Commissioners shall elect
a chairman and avice-chairman annually to preside.
Section 4. Terms: The citizen elector members shall be ap-
pointed for one (1), two (2), three (3), four (4), and five (5) year terms.
Successor members shall be appointed for a term of five (5) years with
the terms of the initial members to be determined by draw. The term
of the council member shall be for a two (2) year term. Vacancies due
to death, resignation or other sources shall be filled as provided in
original appointment.
Section 5. Qualifications: Resident elector citizens to be eligible
for appointment shall not hold or be a candidate for any political or
governmental office while a member of said Commission. They also
must be resident citizens of West Memphis, Arkansas, of legal age, and
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ORDINANCE NO. ~ ~ .~
AN ORDINANCE ESTABLISHING A WEST MEMPHIS UTILITY
COMMISSION, APPOINTING FIVE (5) RESIDENT ELECTOR
CITIZENS AS MEMBERS AIVTD ONE (1) ALDERMAN TO SERVE
BETWEEN THE COMMISSION AND THE COUNCIL;
PROVIDING FOR THE AUTHORITY TO OPERATE, MANAGE,
AND CONTROL THE WEST MEMPHIS UTILITY DEPARTMENT,
DECLARING AN EMERGENCY AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
MEMPHIS, ARKANSAS That
Section 1. Re eal: Ordinance No. 830, dated April 17, 1975,
establishing a West Memphis Utility Committee is hereby repealed.
Section 2. Creation: There is hereby created a Utility Com-
mission for the City of West Memphis, Arkansas, to be designated the
West Memphis Utility Commission which shall hereinafter be called the
Commission.
Section 3. Appointments: The Commission shall be composed of
five (5) resident elector citizens and one (1) West Memphis Alderman,
all. of whom shall be appointed by the Mayor and confirmed by a majority
vote of the City Council. The Alderman shall serve as
the Commission and the City Council. The Commissioners shall elect
a chairman and avice-chairman annually to preside.
Section 4. Terms: The citizen elector members shall be ap-
pointed for one (1}, two (2), three (3), i'our (4), and five (5} year terms.
Successor members shall be appointed for a term of five (5) years with
the terms of the initial members to be determined by draw. The term
of the council member shall be for a two (2) year term. Vacancies due
to death, resignation or other sources shall be filled as provided in
original appointment.
Section 5. Qualifications: Rey>ident elector citizens to be eligible
for appointment shall not hold or be a candidate for any political or
governmental office while a member of said Commission. They also
must be resident citizens of West Memphis, Arkansas, of legal age, and
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Page Two Ordinance establishing a Utility Commission Page Two
upright citizens of the City of West Memphis, Arkansas.
Section 6. Quorum: Three member Commissioners shall
constitute a quorum for transaction of business.
Section 7. Compensation: The citizen Commissioners shall
be paid Fifty Dollars ($50. 00) each monthly for their services and shall
be paid for such other expenses which may occur while away from home,
while in the employment of the Commission business.
Section S. Oath: Before entering upon the duties as Commis-
sinner, each member of the Commission shall take the oath prescribed
by the Arkansas Constitution, in Article XLX, Section 20.
Section 9. Meetings: The Commissioners shall meet once a
month and at such other times as the Chairman or two (2) Commissioners
may direct.
Section 10. Removal from Office: A member of the Commission
may be removed from the Commission by atwo-thirds (2/3) .vote of the
Commission for cause.
Section 11. Powers of the Commission: The Commission has
full power to manage, operate, improve and extend the facilities of the
Utility Department and to recommend such pay raises which are deemed
appropriate.
It is the intent of this ordinance that all employment, removal,
promotions and other personnel matters be in compliance with the West
Memphis Civil Service Regulations, CETA (Comprehensive Employment
Training Act) program and the Affirmative Action Plan.
Section 12. Rates: The Commission is authorized to re~om-
mend consultaxlts for rate studies to determine what rates are fair and
reasonable for the City of West Memphis, Arkansas.
Section 13. Purchase of Materials: The Commission is em-
powered to purchase such materials, supplies or machinery as it is
necessary and proper for the operation of the Utility Department.
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Page Two Ordinance establishing a Utility Commission Page Two
u right citizens of the City of West Memphis, Arkansas.
Section 6. Quorum: Three member Commissioners shall
cons itute a quorum for transaction of business.
Section 7. Compensation: The citizen Commissioners shall
be paid Fifty Dollars ($50. 00) each monthly for their services and shall
be paid f such other expenses which may occur while away from home,
while in the employment of the Commission business.
Section 8. Oath: Before entering upon the duties as Commis-
sinner, each roember of the Commission shall take the oath prescribed
by the Arkansas ~;onstitution, in Article XIX, Section 20.
Section 9. ~Vleetin~s: The Commissioners shall meet once a
month and at such other times as the Chairman or two (2) Commissioners
tnay direct.
Section 10. Rem~val from Office: A member of the Commission
may be removed from the commission by atwo-thirds (2/3) ,vote of the
Commission for cause.
Section 11. Powers of he Commission: The Commission has
full power to manage, operate, i prove and extend the facilities of the
Utility Department and to recomm d such pay raises which are deemed
appropriate.
It is the intent of this ordinance ~~iat all employment, removal,
promotions and other personnel matter: b~ in compliance with the West
Memphis Civil Service Regulations, CE'TA (Comprehensive Employment
Training Act) program and the Affirmative Acti n Plan.
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Section 12. Rates: The Commission is a` thorized to recom-
mend consultants for rate studies to determine what ates are fair and
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reasonable for the City of West Memphis, Arkansas.
Section 13. Purchase of Materials: The Commissi n is em-
powered to purchase such materials, supplies or machinery a~ it is
necessary and proper for the operation Hof the Utility Department.
Page Three Ordinance establishing a Utility Commission
Section 14. Bonds: Any bonds or notes necessary to the
Page Three 2:~~
operation of the Utility Department will be determined by the Commission
and recommended to the City Council for approval or denial.
Section 15. Depreciation and Reserve Accounts: The Commission
shall provide adequate depreciation and reserve accounts for the altera-
'tion, improvement and extension of the plant .
Section 16. Surplus : Surplus, if any, from the operation shall
not be used until such expenditures have first been authorized by resolu-
tion duly adopted by the West Memphis City Council.
Section 17. Reports: The Council member serving as liason
shall report monthly to the City Council on the state of operation of the
Commission and its financial affairs.
Section 18. Financial Affairs: Financial affairs will be under
the control of the City Finance Director. who shall be a dual employee
of the West Memphis Utility Commission and the Mayor and City Council.
Section 19. Annual Audit: The annual audit shall be made by the
Sta±~ Auditors when feasible and in the same manner or method as the
city audit is compiled.
Section 20. Le al: The City Attorney will be the legal consultant
for the West Memphis Utility Commission.
Section 21. Rules and Regulations: The Commission may adopt
such rules and regulations as it may deem necessary and proper to
'supplement this ordinance in the operation of the Utility Department.
Section 22. Fringe Benefits: All fringe benefits, social security,
'pensions and retirement shall remain under the control of the Mayor and
the City Council.
Section 23. Bonds secured by Utility Revenues: The provisions
hereof are intended to be consustant with and subject to any covenants of
the city contained in ordinances authorizing or entered into in connection
with bonds secured by utility system revenues.
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Section 24. Emergency Clause: It having been found and de-
termined by the City Council of the City of West IVlemphis, Arkansas,
that considerable controversy has exis1ted in the City of West Memphis,
Arkansas, as to whether or not it is in the best interest of the City of
West Memphis to have a West Memphi~c Utility Commission, and this
Ordinance creating a West Memphis Utility Commission being necessary
to preserve the public health,. peace and welfare of the citizens of the
City of West Memphis, Arkansas, an emergency is hereby declared to
exist and this Orduiance shall become Effective immediately after its
passage and approval.
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PASSED and APPROVED, This '' ~'-- day of = ~ 1977.
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ATTEST:
-- City Clerk ~:~'
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There being no more business to come before the Council
Alderman Grimsley made a i-notion the meeting be adjourned.
Upon motion being duly seconded and unanimously carried by voice
vote, the meeting adjourned at 5:45 p. m.
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Mayor
ATTEST:
City Clerk
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