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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 ~~~ 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. Y i _. ~~~ ,-' r. ~~ RESOLUTION NO. _~~ r ______ 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. _-- ~,E'___ _ _ ice-Mayor ATTEST: _/ ,~ ~ l~- City Clerk ~'- ~~~ 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. ~~~ C , ORDINANCE NO. ~ -~ _.__- 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 ~~r, ~~, a ~~~ 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 ~~~ II 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. ~~ 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. ,~ Section 12. Rates: The Commission is a` thorized to recom- mend consultants for rate studies to determine what ates are fair and ~, 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. ~' c ~''~ Page Four Ordinance to Establish. Utilit Commission P y age ~ our 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. ~-- PASSED and APPROVED, This '' ~'-- day of = ~ 1977. _~ .~ ~. ..._-- yor ATTEST: -- City Clerk ~:~' ~m~ ~~ 2~.~~ i 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. i Mayor ATTEST: City Clerk ~ ~~s ~j ~..> 3 ~ +~