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August 17, 1978~:: ..~ MINUTES WEST MEMPHIS CITY COUNCIL AUGUST 17, 1978 The regular meeting of the West Memphis City Council was held on August 17, 1978 at 1:30 P.M. in West Memphis, Arkansas at City Hal] 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: R. H. Ray Doug Shelton W.R. Spencer Lloyd J . Woode l l Don Grimsley Charles Hampton James Hightower Pritchard Horton Roberta Jackson Doug Morris Prayer was offered by Mr. P.G. Para, General Manager of the West Memphis Utility. The minutes, as in the packets, were approved with a motion from Alderman Hampton and seconded by Alderman Jackson. During the discussion on the minutes Alderman Shelton stated he would like for the record to show that the resolution concerning the Michael Haney case, that he would like to change his vote from "Yes" to "No". After a ruling from the City Attorney, he was unable to change the vote. Upon voice vote of the council, the voting was unanimous and the minutes were approved. The following citizens had request: Rev. Spragins, 135 South 10th Street, requested permission from the council to waive the permit fee for a tent revival meeting. During discussion from Alderman Horton who further explained this matter to the council, a motion was made by Alderman Grimsley and seconded by Alderman Shelton to grant this request. Upon voice vote of the council, the voting was unanimous and permission was granted. Mrs. Tiggs, 500 Front Street, requested the names of the Alderman from Ward II, and had complaints about sewer lines, tall grass and street need graveling. During discussion on this citizen's request Alderman Shelton stated to the Council that he feels that the City Building Inspector, Mr. Calvin Avery, issue a citation of some kind in order to make property owners cut their property, because of tall grass and weeds. 35e._ E 6 ~. There were also discussions from Alderman Spencer, Mrs. Wheeler, Alderman Hampton, City Attorney Smith, Alderman Jackson, Mr. P.G. Para, Alderman Hightower and. Alderman Horton. The first item of business was old business an Ordinance for the creation of a Board for examining and licensing gas fitters read the third time by the City Attorney. A motion was made by Alderman Ray and seconded by Alderman Hampton to adopt the ordinance. Upon-roll call vote, the voting was as follows; Aldermen: Aye: Ray, Shelton, Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, Morris. No: None The ordinance passed on the third reading and was given Ordinance No. 942 which reads as follows: ~.j -. l 1 _~ ~~ ,~~ ORDINANCE N0. I ~ ~-° ~: AN ORDINANCE FOR THE CREATION OF A BOARD FOR EXAMINING AND LICENSING GAS FITTERS; TO PROVIDE RULES AND REGULATIONS FOR LICENSING AND EXAM- INING SUCH PERSONS; THE ISSUANCE OF CERTIFICATES OF COMPETENCY AND TO PRESCRIBE PENALTIES FOR THE VIOLATION OF THIS ORDINANCE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION l: Ordinance repeal: That Ordinance no. 429 passed and approved December 6, 1962, and Ordinance No. 911 passed and approved July 21, 1977 be void and repealed. SECTION 2: There is hereby created and established a Board of Examiners for gas fitters; said Board shall consist of four members who shall be appointed. annually thereafter before the first day of January and said Board shall be known as the Board of_.E~~u1~.n~r_s -~Dr Gas Fitters. Said Board shall have the power and it shall be its duty. to examine into the qualifications of all persons who are engaged in the business of gas piping and maintenance or other work connected directly or indirectly with gas fitters work. ~~~'' Vacancies for any unexpired term shall be f filled in the same manner as herein provided for the original appointment of members. '' The Board shall elect one of its members to be its Secretary and who shall keep a full and complete record of all acts and proceedings of the Board. The Board of Examiners shall keep and preserve a record of all gas fitters examined by them and to whom a certificate has been issued. Said record shall be kept in a well bound volume and shall become a permanent record of the City of West Memphis. SECTION 3: The Board of Examiners shall adopt such rules and regulations for the examination of all applicants for licensing as 36 gas fitters and the issuance of certificates, for the conduct of the business, of the Board of Examiners as may be necessary not in con-_ flict with the statutes of the State of Arkansas, Codes a.nd provisions of this ordinance or with any other ordinance of the City of West Memphis. i ~~ -2- Examinations shall be held by the Board in the City Hall of West Memphis, Arkansas, in the months of January, April, July and October, provided the applicants have their exam. fee posted with .~ the City Clerk before the fifth (nth) day of the month the exam- ination is given. The examination shall be held at a time to be ~~ set by the Board in the above stated months and each applicant for the examination shall be notified in writing five days prior to the holding of the examination. Each member of the Board shall sub- mit an equal number of questions on each examination and said'ques- tions--are to be taken from the National or State Code or questions having a direct bearing on gas installations. Any person passing the examination by a score or grade of ?OHO shall then have issued a certificate of competency and be entitled 'to purchase and procure a license authorizing such person to pur- chase permits for gas fitting .work in the City of West Memphis, Arkansas, and all gas work to be done pursuant to any permit issued ~'''~'` ~ shall be under the direct supervision of the licensed gas fitter at all times. The certificate of competency and license shall be the '' sole property of the person passing the examination and na certi- ficate of competency or license shall be assignable or transfer- able and any evidence of such transfer or assignment shall con- stitute grounds and/or cause for the cancellation of said certi- ficate and/or license. The Board of Examiners shall have the authority to hold hear- ings to determine if the holder of a certificate of competency or license has permitted the use of his certificate of competency or license to be used by another person, firm., partnership or corp- oration and may require such evidence as it shall need to determine if the holder of a license or certificate has permitted the use of his license or certificate to another. At such hearing, if the Board finds such improper use by the holder of a certificate of competency or license, then and in that event the Board of Exam- iners may revoke the certificate of competency or license by such iiolucr. i 38 -~_ SECTION 4: No license shall be issued to any licensed gas fitter' ~~~ unies~~ suc:~~ licensed gas fitter shall have and inaintdin an established place of business within the city limits of West Memuhis. Arkansas. and have disnlaved in a prominent location, his business name and shall A maintain a telephone for the business. A field off ice located within is the city limits shall not be considered as an established place of business. SECTION 5: Before anv person shall engage in the business of gas installation work in any of its phases, the name, residence and place of business of such person shall be furnished and recorded in a book or~books to be kept by the office of the City Clerk for that ~. chap e in ownershi or the place of business shall purpose and any g p be promptly reported to the offrice of the City Clerk and such change shall be noted b_y the City Clerk. SECTION G: Every gas fitter performing gas installation work in the City of West Memphis shall give a bond in the penal sum of Five Thousand Dollars ($5,000.00) to be approved by the Board of Examiners; ~'~! said bond shall be payable to the City of West Memphis, and any citi- ~, zen who may be damaged by imperfect work done by such gas fitter for failure to comply with the Ordinances of the City of West Memphis, the .pertinent codes and the statutes of the State of Arkansas and said bond shill be conditioned that said gas fitter shall indemnify and ', hold harmless the City of West Memphis and all persons for damages ', caused by the negligence or imperfect work done by him or his ser- wants, agents or employees. Said bond shall be renewed each year and each shall expire on December 31 of-year after its issuance and if the security shall become impaired before the expiration of the bond, the Secretary of .the Board or the City Clerk shall require additional bond. All licenses issued by the City Clerk shall expire on December 31 of each year and if not renewed by January 31 of the following year it shall become void. Another examination before the Board of Examiners '' may be required and applicant shall pass said exa:~iination and be issued a cerificate of competency before being issued a license by the City Clerk to engage in the gas installation business. The certificate issued by the Board of Examiners shall not be considered as the annual license fee required of every person engaged. t -~- in or following the business of gas installation or gas fitting or maj.ntenance of gas equipment but is in addition to the annual license fees, above referred to, and provided by Ordinance. SECTION 7: The fee charged an applicant by the Board of Examiners ,---~. shall be Forty Dollars ($40.00) for each examination. SECTION 8: "The Board of Examiners shall have the power and auth- tion a Certificate ority to issue to an individual, company, or corpora , 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." SECTION 9: From and after the passage of this Ordinance it shall be unlawful for any person, to engage in gas installation work in any of its phases including the installation of gas f fixtures or equipment or doing anything directly or indirectly connected with:-gas installa- tion work, without f first having made application to the Board of Ex- aminers and having secured a certificate of competency and license as herein provided. Any person in the City of West Memphis holding himself out as licensed to do gas installation work of any kind, in any of its branches, without first having secured a license in the mannner herein provided, shall be guilty of violation of the provisions of this ordinance. SECTION 10: Every person, desiring to engage in gas installation work in any of its branches shall apply in writing to the Secretary of '' the Board and shall deposit with the Treasurer of the City ref West Memphis the fee as set in section t~~ herein above required by this '' ordinance for the examination herein provided for. The Board shall fix the hour at which said applicant shall appear and be examined and the-Board of Examiners shall examine the applicant ~, to determine his qualifications and fitness to carry on the business of perfoming gas installation work. If the Board shall find upon examina- lion that the applicant has a reasonable knowledge of the nature and practical rules of gas installation work, the safe, correct and approved manner of installing gas equipment or fixtures, and is fami- liar with the ordinances of the City of West ~'~m phis, the pertinent codes and the statutes of the St ate of Arkansas governing the instal- y~ -5- lation of gas equipment, fixtures and devices, then the Board. shall issue to said person a certificate to engage in and carry on the busi- ness of gas installation work and shall register such person as duly certified under .the terms and provisions of this ordinance. ~~' SECTION 11: The certificate created hereunder may be suspended revoked for a violation of the rovisions of this ordinance or any or p section therof or any other. ordinance governing installation or in- spection of gas equipment, fixtures, apparatus or devices. SECTION 12: Any member of the Board of Examiners may be removed by the Mayor of the City of West Memphis for incompetency, ineff ici- ency, or. .dereliction of duty. The Board shall serve without pay in- cl~ding the Secretary thereflf . SECTION 13: Each member of the Board of Examiners shall receive the sum of Ten Dollars C$10.00) as compensation for each examination given provided such Board member participates. SECTION l4: By th e term "gas fitter" as used in this ordinance, "~' is included all work of every character connected with the installa- ~.,,,,,~ ' tion or repair of any gas fixtures, piping or material connected with r_ or in any manner used in furtherance of such work. SECTION 15: Any person violating any of the provisions of this ordinance or any rule or regulation established and prescribed under the authority herein designated, shall be guilty of a misdemeanor and upon conviction thereof, shall be fined in a sum of not less than Ten Dollars ($10.00) nor more than Fifty Dollars ($50.00) and each and ', ..every violation of the law and in addition thereto, the certificate of the person or persons involved in such violaticn may be revoked by the Board as herein provided. SECTION 16: If any section, sub-section, sentence, clause or ,,,, phrase of this ordinance is for any reason held to be unconstitutional '~ or otherwise invalid, such unconstitutionality or invalidity shall not ~s '' affect the remainder of this ordinance and all ordinances or parts of ordinances in conflict herewith are hereby repealed. Adopted this day of ,,~L_ ~~ -- , 19~. ~ `~ rte--, MAY ~.. ATTEST: i ~1; CITY CI~ERi<~~ ~1 ~~~~ ~ . J~~. i The City Attorney was asked to read the ordinance for the creation of a board of examining and licensing plumbers for the third time. Upon a motion by Alderman Ray and seconded by Alderman Morris to adopt the ordinance. Thereupon roll call vote, the voting was as follows: Aye: Aldermen: Ray, Shelton, Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, Morris No: None The ordinance passed on the third reading and was given Ordinance No. 943, which reads as follows: i a .t: .ti .- I `~~^ .. + ~ f t I ,~~~ ~ ' ORDINANCE N0. / f ~ ~~ AN ORDINANCE FOR THE CREATION CF A BOARD FOR EXAMINING AND LICENSING PLUMBERS, TO PROV`I`DE RULES AND REGULATIONS FOR LICENSING AND EXAMINING ~~~ SUCH PERSONS OR COMPANIES: THE ISSUANCE OF CERTIFICATES OF COMPETENCY 'AND TO PRESCRIBE PENALTIES FOR THE VIOLATIOAI OF THIS ORDINANCE. ~,~,, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, +~. ' ARKANSAS SECTION l: Ordinance repeal: That Ordinance No. 360 passed and ' approved August 3, 1954; Ordinance No. 428 passed and approved December 6, 1962; Ordinance No. 890 passed and approved April 7, 1977; Ordinance No. 926 passed and approved January 19, 1978; and Ordinance No~..934 passed and approved on June 1, 1978, be void and repealed. SECTION 2: There is hereby created and established a Board of ', Examiners for plumbers; said Board shall consist of four membrers who shall be appointed by the Mayor with the advice and consent of the €ity ~~ Council and who shall be appointed for a term of one year from the first day of January of the year of their appointment and shall be appointed annually thereafter before the first day of January and said. Board shall have the power and it shall be its duty to examine into the qualifications of all persons who are engaged in or desire to engage in the business of plumbing construction, maintenance or any maintenance of plumbing equipment or other work connected directly or indirectly with the plumbing work., Vacancies for any unexpired term shall be f filled in the same .manner as herein provided for the original appointments of members. The Board shall elect one of its members to be its secretary and who-shall keep a full and complete record of all acts and proceedings of the Board. The Board of Examiners shall keep and preserve a record of all plumbers ex- amined by them and to whom a certificate has been issued. Said record shall~[be kept in a well bound volume and shall become a permanant record of the City of West Memphis. SECTION 3: The Board of Examiners shall adopt such rules and reg- ulations for the examination of all applicants for licensing as plumbers and the issuance of certificates for the conduct of the business of the Board of Examiners as ma_y be necessary not in conflict with the Statutes of the State of Arkansas, the provisions of this ordinance or with any other ordinance of the City of West Memphis. -2- Examinations shall be held by the Board in the City Hall of West I~IMemphis, Arkansas in the months of January, April, July, and October, ~I~rovided the applicants have their fee posted with the City Clerk before P the fifth (5th) day of the month that the examination is given. The examination shall be held at a time to be set by the Board in the above stated months and each applicant for the examination shall be informed in writing five (5) days prior to the holding of the examination. Each 'member of the Board shall submit an equal number of questions for each examination and said questions are to be taken from the National and 'Arkansas Plumbing Code or questions having a direct bearing on plumbing 'installations. Any person passing the examination by a score or grade of seventy '(70) percent shall then have issued a certificate of competency and be 'entitled to purchase and procure a license authorizing such person to purchase permits for plumbing work in the City of West Memphis, Arkansas, and all plumbing work to be done pursuant to any permit issued shall be '~`' under the direct supervision of the licensed plumber at all times. The ' t le o ert f the certificate of competency and license shall be he so pr p y o "'~' erson passing the examination and no certificate of competency or li- P cense shall be assignable or transferable, and any evidence of such ,transfer or assignment shall constitute grounds and/or cause for cancel- lation of said certification and/or license. The Board of Examiners shall have the authority tb hold hearings to .',determine if the holder of a certificate of competency or license has i !, permitted the use-. of his certificate of competency or license to be .used ',b~_another person, firm, partnership or corporation, and may require such ',evidence as it shall need to determine if the holder of a license or 'certificate has permitted the use of his license or certificate by another. At such hearing, if the Board finds such improper use by the holder of a certificate of competency or license, then,. and in that event, 'the Board of Examiners may revoke the certificate of competency or license of such holder. SECTIQN 4: No license shall be issued to any licensed plumber unless such licensed plumber shall have and maintain an established place of bus- mess within the city limits of West Memphis, Arkansas, and have displayed . ~` ~. -3- 'in a prominent location hs_s business name and shall maintain a telephone for the business. A field office located within the city limits shall not ~'be considered as an established place of business. SECTION 5: Before any person shall engage in the business of plumb- ing work in any of its phases, the name, residence and place of business on shall be furnished and recorded in a book or books to of such pets be kept by the off ice of the City Clerk for that purpose and any changes in ownership or place of business shall be promptly reported to the off ice of the City Clerk, and such change shall be noted by the City Clerk. SECTION 6: Every plumber performing plumbing work in the City of 'West Memphis shall give a bond in the penal sum of Five Thousand Dol= lays ($5,000.00) to be approved by the Board of Examiners; said bond shall be payable to the City of West Memphis, and any citizen who may be damaged by imperfect work done by such plumber for failure to comply with the ordinances of the City of West Memphis or the plumbing codes and the Statutes of the State of Arkansas, and said bond shall ~,~ be conditioned that said plumber shall indemnify and hold harmless the from dama. es caused b the negli- City of West Memphis and all persons ~ y r im erfect work done by him or his servants agents or employees. gence o p Said bond shall be renewed each year and shall expire on December 3l on each year after its issuance, and if the security should become impaired before the expiration of the bond, the Secretary of the Board 'or the City Clerk shall require additional bond. All licenses issued by th e City Clerk shall expire on December 31 j of each year and if not renewed by January 31 of the following year, it !I shall become void. Another examination before the hoard of Exami-nets ', may be required and the applicant shall pass said examination and be issued a certificate of competency before being issued a license by the City Clerk to engage in the plumbing business. The certificate issued by the Board of Examiners shall not be con- e sidered as the annual license fee required of every person engaged in gr following the business of plumbing or maintenance of plumbing equip- ment, but is in addition to the annual license fees, above referred to and provided by ordinance. SECTION 7: The fee charged a.n applicant by the Board of Examiners shall be Forty Dollars ($40.00) for each examination. S ;~ T~ till -4- SECTION 8: The Board of Examiners shall have 'the power and author- ity to issue to an individual, company or cor.peraticzn a~~certficate .of I~I•examination for license that would exempt an individual, company or ',corporat_ion from complying with the sections on established place of lbusiness and/or bondage. SECTION 9: From and after the passage of this ordinance it shall 'be unlawful for any person to engage in plumbing work in any of its '...phases, including the installation of plumbing fixtures or equipment, or ..doing anything directly or indirectly connected with plumbing work with- out first having made application to the Board of Examiners and having .secured a certificate of competency and license as herein provided. Any ,person in the City of West Memphis holding himself out as licensed to do 'plumbing work of any kind, in any of its branches, without first secur- 'ing a license in the manner herein provided, shall be deemed guilty of violation of the provisions of this ordinance. SECTION 10: Every person desiring to engage in plumbing work in any of its branches shall apply in writing to the Secretary of the Board and shall deposet with the Treasurer of the City of West Memphis Lthe fee as set out in Section ~ herein above provided for. The Board shall fix the hour at which said applicant shall appear 'and be examined and the Board of Examiners shall examine the applicant to determine his qualifications and fitness to carry on the business 'of performing plumbing work. If the Board shall f ind upon examination 'that the applicant has a reasonable knowledge of the nature and .practical ''rules of plumbing equipment or fixtures, and is familiar with the ordinan- ',,ces of the City of West Memphis, the plumbing codes and the Statutes of I!the State of Arkansas overning the installation of lumbin e ui ment, g P g q P ',fixtures and devices, then the Board shall issue to said person a cer- tificate to engage in and carry on the business of plumbing work and shall register such person as duly eertif ied under the terms acid provi- ""' sions of this ordinance . SECTION 11: The certificate granted hereunder may be suspended 'or revoked for a violation of the provisions of this ordinance or any ~~ .r+~ ~~ -5- ~~ section thereof or any other ordinar~ governing installation or in- ~I. spection of plumbing f fixtures, apparatus or devices. ECTION 12: Any member of the Board of Examiners may be removed S `" by the Mayor of the City of West Memphis, for incompetency, ineff icien- ~,,,,,,~ cy or dereliction of duty. The Board shall serve without pay including the Secretary thereof. SECTION 13: Each member of the Board of Examiners shall receive the sum of Ten Dollars C$10.00) as compensation for each examination given, provided such Board Member participates. SECTION 14: By the term plumbing as used in this ordinance is included all work of every character connected with the installation or repair of any plumbing installations, fixtures or piping connected with or in any way used in the furtherance of such work. SECTION 15: Any person violating any of the provisions of this ordinance or any rule or regulation established or prescribed under the authority herein designated shall be guilty of a misdemeanor, on convic- L: tion thereof shall be fined in a sum of not less than $10.00 nor more than $50.00 for each and every violation of the law, and in addition thereto, the certificate of the person or persons involved in such violation may be revoked by the Board as herein provided. SECTION 16: If any section,subsection, sentence, clause or phrase of this ordinance is for any reason held to be unconstitutional or otherwise invaled, such unconstitutionality or invalidity shall not affect the remainder of this ordinance and all ordinances or parts of ordinances in conflict herewith are hereby repealed. ADOPTED this day of ~'" 19 ~ C- A OR ATTEST: ~~,~ CITY CLERK ~~ r r. ~7 Mayor Ferguson requested that the rules be waived to add an~ Ordinance to repeal Ordinance No. 927 for the first reading. A motion was made by Alderman Hampton and seconded by Alderman Woodell to waive therules and have this item added to the agenda. Upon voice vote of the council, the voting was unanimous. The item was added to the agenda. `' The City Attorney was asked to read the ordinance for the first time to repeal Ordinance No. 927. A motion was made by Alderman Grimsley and seconded by Alderman Horton. Upon roll-call vote the voting was as follows: Aye: Aldermen: Ray, Shelton, Spencer, Woodell, Grimsley, Hampton, ', Hightower, Horton, Jackson, Morris ', No: None The Ordinance passed on the first reading. Alderman Morris made a motion and Alderman Grimsley seconded to add an ordinance with an emergency clause, to the agenda and upon voice vote, the voting was unanimous. The City Attorney was asked to read the ordinance for the first time to waive competitive bidding. A motion was made by Alderman Shelton and seconded by Alderman Horton that the reading in full be suspended on three different days and upon roll call vote, the voting was as follows; Aye: Aldermen: Ray, Shelton, Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, Morris. No: None The rules requiring the ordinance to be read on three different days was thereby suspended. The City Attorney was asked to read the ordinance for the second time. A motion was made by Alderman Ray and seconded by Alderman Grimsley that the rules be further suspended. Upon roll call vote, the voting was as follows: Aye: Aldermen: Ray, Shelton, Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, Morris No: None The City Attorney was asked to read the ordinance the third and final time. A motion was made by Alderman Grimsley and seconded by Alderman Morris, and upon roll call vote, the voting was as follows: Aye: Aldermen: Ray, Shelton, Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, Morris. No: None A motion was made by Alderman Ray and seconded by Alderman Horton that the emergency clause be adopted and upon roll call vote, the voting was as follows: Aye: Aldermen: Ray, Shelton, Spencer, Woodell, Grimsley, Hampton, Hightower, Horton, Jackson, Morris. No: None The Ordinance passed. with the emergency clause and was given Ordinance No. 944, which reads as follows: ~' 0~{Ui:ill=.~~~°~'; !~(U. .~: a f;~ ~$,~: AV ORDIr~JANCL TG t•TE~svr co~.~.PETI~rz r~ I3IDDIlfG, ~ST~I~3LIS~IIIdu Art EI~'~IiGEtirCY AND FOR 0`~`IiER PUR~'OSLS. ~rTI3EREAS, Arkansas Statute 19--~-'-~25 allo~rs ~•raivi ng of co?~~-~titive bidding in exceptional situations ~•r:~ero such pro^edare is. d~zmed not feasible or practical, and ~~TLir~RE~'? S, thzre are :aany items necessary far th? City's use ~rlhere corap~tit~.ve bidding is dee;ned not feasible or pra.ctice.l, ~jOTr~, .THEREFORE, BE IT ORDAINED BY TFIE CITY CO'Ji~tCIL 0~~' THE CITY OF 'TEST ~~i~1PHIS, ARKAi~1SAS • 1. That competitive bidding be ~•rai ved for thY fol'lo:ring i tem to bz used by the City, which is described. as f`o:f.lo;rs: To enter into a Contract with McCullough Znc., MuzPhreesboro, Tennessee, for installing approximately seven hundred and thirty feet (730') of lining in the 12-inch sewer line along South Woods Street, not to exceed $18,000.00. 2. EtinerQency_ Clausz - ~ It having been fo~~nd and dete?~ined by the City Council of the City of ~r~est ~hjemp'~is, Arkansas that them is an urgent need ~ by the City of j'Test 2~=e^iphis for the item described above, an ern?rgenc;yr is hereby declarza to exist,. an3 thi ;, Ordinance boinU necessary for the preser~ration of tn~ public peace, health, safety and ~~relfarz of the citilens of j'Ies t ~lemphi s, Arka~?s~.s, shall be in full fore ~ and effect from anc% after the date of its passage and approval. PASSED AND APPIZJ~'F~D this ./ day of :~1-f-~.- ~'' -~L~~2 /~`" , ..,. ~. - ~,. L 19~. r•~ n ~U -; A`f T~ ,~•! L~ / x.,1'.1' ~,~G:I.r,it°, The next item of business was premission request whereas Mayor Ferguson announced that the Airport Commission has recommended that they accept the low bid of O'Neal Paving Company bid of $149,177 for making improvements at the Airport, with a motion made by Alderman Hampton and seconded by Alderman Morris and upon voice vote, the voting was unanimous. The bird of O'Neal Paving Company was granted by the Council. Th_e___fol_l owi n~ _commi ttee reports were presented The Budget'"Committee by Alderman Jackson who made a motion that beginning January i, 1979, .the City of West Memphis pay to the Police Pension an additional five per cent (5%) in addition to the ten per cent (10%) collected from the Court until such time the back amount has been paid into the Police Pension Fund, Alderman Morris seconded the motion. During discussion Alderman Hampton wanted the record to show when this amount would be paid up, in terms of years and amount. The Mayor answered by saying approximately three and one half to four years and approximately $70,000.00. Upon voice vote, the voting was unanimous. Alderman Jackson recommended that this motion be in the form of a voice resolution which was seconded by Alderman Grimsley and upon voice vote, the voting was unanimous. The Resolution passed and was given Resolution No. 646, which reads as follows: I I~' RESOLUTION N0. 6~6 RESOLVED, that beginning January 1, 1979, the City of West Memphis pay to the Police Pension an additional five per cent (5~} in addition to the ten per cent (10~} collected from the Court until such time the back amount has been paid into the '' Police Pension Fund. PASSED AND APPROVED this 17th day of August 197 8 . -~ JOYCE T. FERGUSON MAYOR ATTEST: CHARLES F. DeGRAFF CITY CLERK Utility Commission Alderman Grimsley reported that the-bid for the front end loader was awarded to Tri-State Equipment Company, of Memphis, Tennessee, for $27,.336.00. There was also discussion on this report from Alderman Shelton and Alderman Hampton. Sanitation Alderman Grimsley reported that the Sanitation Commission met on August 15, 1978 at 4:00 P.M, considered the bids on the dumpsters and voted to accept the low bids of $339.00 each for the ten dumpsters It was the low bid by some $45.00 approximately. For the general information Alderman Grimsley reported that was only $19.00 higher than what was paid last year, and the steel industry has had some tremendous jumps and he stated how surprised he was at the low bid. .Alderman Grimsley further reported that they accept the low bids of Hawkins Equipments for the leaf machine of $5,975.00. Alderman Grimsley made the recommendations in form of a motion that the City Council go ahead with these bids, and seconded by Alderman Jackson. Upon discussion from Alderman Hampton and Alderman Shelton and upon voice vote of the council, the voting was unanimous. Announcements Mayor Ferguson made the following announcements: There will be a Small Cities Conference at the Civic Center and Civic Auditorium all day on October 24, 1978. The Community Development Program Puclic Hearings are scheduled for August 28, and August 30, 1978. John Gammon fish fry on August 27, 1978. Alderman Hightower announced that a few months ago signs were requested in the SE Section of the City and Mrs. Wheeler immediately put the signs up at the end of the street. The heavy truckers have not obeyed those signs at all. Alderman Hightower asked the Mayor what can she do toward the Police Department about having a little more patrol over these streets. !~ayor FerCuson re.u,este!: t"at ~';lderr~an i;ighto~~rer give her the its. He answered her with the following streets who were not 1n obeyance 13th, 14th, 15th, and 17th streets. Mayor assured Alderman Hightower that the matter will be taken under consideration. Alderman Horton asked that the owners cut the grass in the following area, north 24th Street on West to Walker, on east and fronting on South Service Road. Mrs. Wheeler said that she would take care of i t. Alderman Horton made a motion that the City Attorney be congratulated on a job well done on presenting his case on the Michael Haney case and seconded by Alderman Grimsley and upon voice vote, the voting was unanimous. Alderman Grirn~sley made a motion to adjourn and seconded by II The Meetin was adjourned. Alderman Ray. 9 ~ MAYOR ATTEST: ', ,.`:~~ CITY CLERK