October 19, 1978III~I
II
MINUTES
WEST MEMPHIS CITY COUNCIL
October 19, 1978
The regular meeting of the West Memphis City Council was held at 1:30 P. M.
', on Thursday, October 19, 1978, in the Council Chambers of City Ha11. Mayor Joyce
T. Ferguson called the meeting to order. Those present were as follows:
Mayor Joyce T. Ferguson
City Attorney Robert Smith
Aldermen:
C. D. Shelton
W. R. Spencer
', Lloyd J. Woodell
Don Grimsley
~, Charles Hampton
', James Hightower
', Pritchard Horton
Roberta Jackson
~~ Doug Morris
R. H. Ray
Father Charles L. Filiatreau, Holy Cross Episcopal Church, offered prayer.
' Mayor Ferguson then recognized Mrs. Sara Eaton and presented her with a Dis-
tinguished Service Award and a key to the City.
A motion was made by Alderman Grimsley and seconded by Alderman Shelton that
' the minutes, as sent in the packets, be approved. Upon voice vote of the Council,
the voting was unanimous to accept the minutes as written.
' The first citizen's request was made by Mr. Don Lantrip,, 301 South 5th Street,
who requested that the City reimburse him in the amount of $161.00, for money he
had spent after city mowers broke his gas lines in July of this year. Alderman Grims-
ley made a motion that the City reimburse Mr. Lantrip in the amount of $161.00. Alder-
''.. man Shelton seconded the motion, and upon voice vote of the Council, it was passed
', unanimously.
Alderman Grimsley then made a motion, seconded by Alderman.~~Ray, that the Mayor
be authorized to pay any emergency claim of up to $500.00. Upon roll call vote, the
', voting was as follows:
' AYE: Aldermen: Grimsley, Hightower, Horton, Morris, and Ray
NO Aldermen: Hampton, Jackson, Shelton, Spencer, and Woodell
Because of the tie vote, the Mayor voted "Aye", and the motion passed. The Mayor
'', stated. that the budget would have to be amended to include these funds.
The next citizen's request was from Mr. Cliff Jackson, 1001 Stratford, who
presented a petition with one hundred eighty three signatures, (a copy of which is
on file in the Mayor's office), in behalf of the Chamber of Commerce, voicing an ob-
jection to enlarging the Utility Commission from five to seven members, and request-
ing that-the third reading of the ordinance concerning this matter be dropped.
The following citizens then spoke in favor of increasing the size of the Utility
Commission: Mr. Robert White, 728 South 10th Street; Mr. Ben McGee, owner of Ware-
house City Liquor Center on East Broadway; and Reverend Ron Meiser, 800 Thompson.
The next citizen's request was from Mrs. Norma Ashburn, 808 North 14th Street,
', who presented a petition with seventy two signatures, (a copy of which is on file
in the Mayor's office), voicing their objection to the vacating of the city street
(1)
between Wilson Road and 14th Street to the East Junior High School property, and
~!, 'asking that the Council not give this city property to James Brogden and other ad-
joining property holders as previously requested, but leave the area open for the
children's use in going to and from school. Alderman Woodell then made a motion,
seconded by Alderman Horton, that the Council take definite action to eliminate
'~ the transfer of said property. This motion was passed unanimously by voice vote
II of the Council.
~, Alderman Horton then made a motion that the Council immediately turn the above
E
+' mentioned property over to the Planning Commission for consideration, and that the
~'''~ citizens involved and the Commission devise a plan to present to the Council as to
~I what should be done to the property for further action. Alderman Jackson seconded
the motion. Alderman Ray then asked for Alderman Horton to withdraw his motion,
~~! and to turn the land over to the Street Committee rather: than the Planning Commis-
sion. Alderman withdrew his motion, and Alderman Jackson withdrew her second. Alder-
! man Ray then made a motion that the land be turned over to the Street Committee for
consideration. This motion was seoonded by Alderman Jackson. Upon voice vote bf
the Council, this motion was passed unanimously.
The next citizen's request was made by Judge Milton R. Beck, 609 Barton, who
spoke against enl~xrgng the Utility Commission.
The next citizen's request came from Mr. S. E. Holbrook, 61.9 South 14th Street,
who addressed the Council about the L. R. Jackson Community Center. Mr. Lee Cramer
then responded to the complaints made by Mr. Holbrook, that an inspection had been
made. The contractor is presently checking all complaints listed by Mr. Holbrook.
Mr. Dan Craft, 501 Ross, was the next citizen to address the Council. Mr.
~_ Craft said the Utility Commission should be elected by the citizens of the city,
rather than being appointed by the Council. He stated that the number of Commis-
sinners should remain at five with representation from each ward.
Attorney Smith then read the ordinance to enlarge the Utility Commission from
'' five to seven for the third time. A motion to adopt the ordinance was made by
Alderman Jackson, and seconded by Alderman Woodell. Alderman Ray then made a motion
'~ to table the ordinance for further study, seconded by Alderman Hampton. Upon roll
call vote on tabling the ordinance, the vote was as follows:
~~, AYE: Aldermen: Ray and Hampton
II NO Aldermen: Grimsley, Hightower, Horton, Jackson, Morris, Shelton, Woodell, and
'~ Spencer
~! This motion was defeated. The Council then reverted back to the original motion
ICI, made by Alderman Jackson for discussion. After some discussion, Alderman Horton
called for the question. There was no second, so discussion continued. After more
discussion, Alderman Woodell called for the question. Alderman Horton seconded this
action. Upon roll call vote, the vote was as follows:
AYE: Aldermen: Ray, Hampton, Grimsley, Hightower, Horton, Jackson, Morris, Shelton,
Woodell, and Spencer
N0: None
~~ The Mayor then called for a roll call vote on the original ordinance to enlarge
the Utility Commission from five to seven members. Voting was as follows:
AYE: Aldermen: Grimsley, Hampton, Horton, Hightower, Shelton, Jackson, Spencer,
Woodell, and Morris
N0: None
ABSTAINING: Alderman Ray
(2)
The ordinance passed on the third reading, and was named as Ordinance No. 950.
Attorney Smith then read the ordinance to Great a Public Facilities Board for
the first time. A motion was then made by Alderman. Morris that the reading of the
ordinance in full on three different days be suspended. Alderman Horton seconded
the motion. Upon roll call vote of the Council, the vote was as follows:
'~, AYE: Aldermen: Ray, Hampton, Grimsley, Hightower, Horton, Jackson, Morris, Shelton,
Woodell, and Spencer
NO: None
The rule was suspended. The Attorney then read the ordinance for the second time.
A moti:~an for further suspending the rule was made by Alderman Grimsley, and seconded
by Alderman Horton. Upon roll call vote, the vote was as follows:
AYE: Aldermen: Ray, Hampton, Grimsley, Hightower, Horton., Jackson, Morris, Shelton,
Woodell, and Spencer
II'I The motion was carried, and the rule further suspended. The Attorney then read the
ordinance for the third time. A motion to adopt the ordinance was made by Alderman
~! Morris, and seconded by Alderman Grimsley. The Mayor then called for a brief recess
in which to amend Section Three of the ordinance. After calling the meeting back to
order, Attorney Smith read the amendment to the ordinance (Section Three). A copy
of this amended ordinance is on file in the Mayor's office.
', A motion was then made to adopt the amendment as read by City Attorney Smith
by Alderman Shelton. Alderman Hampton seconded the motion, and the Mayor called
for a roll call vote. The ~roting was as follows:
AYE: Aldermen: Ray, Hampton, Grimsley, Hightower, Horton, Jackson, Morris, Shelton,
Woodell, and Spencer
N0: None
'~,,. ' The motion was passed.
The Mayor then called for a roll call vote on the third reading of the ordinance
~' as amended. The voting was as follows:
AYE: Aldermen: Ray, Hampton, Grimsley, Hightower, Horton, Jackson, Morris, Shelton,
Woodell, and Spencer
N0: None
The vote passed unanimously the reading for the third time of the ordinance.
A motion was then made by Alderman Grimsley to adopt the Emergency Clause,
Section Eleven. Alderman Jackson seconded this motion. Upon roll call vote, the
vote was as follows:
AYE: Aldermen: Ray, Hampton, Grimsley, Hightower, Horton, Jackson, Morris, Shelton,
~I Woodell, and Spencer
', N0: None
This motion passed unanimously by the Council. The Ordinance and Emergency Clause
were adopted. This is Ordinance No. 951..
Next on the agenda was the resolution concerning Amendment 59. Attorney Smith
I, read this amendment to the Council. Alderman Grimsley moved to adopt this resolution
Alderman Horton seconded this motion. Alderman Shelton, after some discussion, moved
to table this resolution. This motion was defeated due a lack of a second. Further
discussion followed. Alderman Jackson then made a motion that this resolution be
tabled for further study. Alderman Hampton seconded, and the Mayor called for a
roll call vote. The vote was as follows:
(3)
i
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ORDINANCE N0. ~~
AN ORDINANCE TO AMEND ORDINANCE N0. 915,
DATED AUGUST 25, 1977, ENLARGING THE
WEST MEMPHIS UTILITY COMMISSION BY TWO
(2) MEMBERS, DESIGNATING TERMS AND FOR OTHER
'~ PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS:
Ordinance No. 915, dated August 25, 1977, is amended to read
as follows: ~
SECTION ONE. Membership in the West Mempfiis
is hereby enlarged by two (2) additional members.
II shall be appointed for six (6) years, and the oth
appointed for a seven (7) year term. There shall
each of the five wards with two members appointed
large.
Utility Commission
One (1} new member
er new member shall be
be one member from
from the city at
Nothing herein shall effect or reduce the term of any member
now serving on the West Memphis Utility Commission; provided; however,
that upon the expiration of the term of office of any member of the
West Memphis Utility Commission now serving the successor member shall
be appointed for staggered terms, with the term of one (1) member
expiring each year.
SECTION TWO. Section Three (3} of Ordinance No. 915, shall be
amended as follows:
"A pointments. The Commission shall be composed of seven
(7~ resident elector citizens and one (l) 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 a liaison between the Commission and
', the City Council. The Commissioners shall .elect a chairman.
and a vice-chairman annually to preside".
SECTION THREE. Section Four (4) of Ordinance No. 915., shall be
'~ amended as follows:
"Terms. The citizen elector members shall be appointed for one
1), two (2), three (3), four (4), five (5), six (6), and seven
7) year terms. Successor members shall be appointed for a term
of seven (7) years. 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."
,,,....
PASSED AND APPROVED this ~ ~ day of~~i/ ~ 6~ ~_, 1978•
y~
I~
MAYOR
ATTEST:
CITY CLERK
oROir~~rvct ~JO. -~ J
Ard ORDINANCE CREATING THE CITY OF ~~JEST r~EMPHIS RESI--
DErJTIAL 'r~CUSINu FACILITIES BOARD PURSUANT TO -THE PRO-
VISIONS OF AGT iJU. 142 OF THE ACTS OF ARKANSAS OF 1975;
APPOIrVTIidG THE INITIAL MEMBERS THEREOF; PRESCRIBING
OTHER MATTERS RELATING THERETO, AND DECLARING AN EMERGENCY
~~
~~~
. WHEREAS, the City of 4Jest Memphis, Arkansas (the "City"},
"` pursuant to the provisions of Act rJo. 142 of the Acts of the
General Assembly of the State of Arkansas for the year 1975
{the "Act"), is authorized to establish public facilities
boards for the purposes set forth in th.e Act, which includes
~'~ assisting in the financing of residential housing facilities
within or near the City, and
WHEREAS, the providing of decent, safe and sanitary
residential housing facilities will be aided by the creation
of a public facilities board to assist in the financing of
residential housing facilities, and
~JHEREAS, funds may be obtained by a public faci~ities-
--
board on such terms and under such conditions as will materially.
assist persons of low and moderate income to obtain financing.
of residential housing facilities under conditions more favor-
. able than would otherwise be available:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
MVEST MEr~PH I S , ARKA~JSAS
~,
~I Section 1. Findings. The City Council of the City hereby
'~ finds and determines:
(a) There exists within and near the City a
I~ shortage of decent, safe and sanitary residential
~I housing facilities available for rehabilitation,
', construction or purchase on terms that persons and
families of low and moderate income can afford to pay.
i
1 {b} Existing economic conditions including high
' rates of interest on residential mortgage loans, and a
', shortage of funds within lending institutions in .the
'~ State of Arkansas for residential mortage loans are
~,
(1)
operating (i) to further restrict the rehabilitation,
construction and purchase of residential housing by
persons of low and moderate income at reasonably afford-
able costs, (ii) to create unemployment and hardship
within the residential construction industry, adversely
affecting residents of the City and (iii) to reduce
and limit the value of property within the City, all
of which adversely affect the City's tax revenues and
which, if not alleviated, will lead to further urban
blight and decay and result in disproportionately large
'~, expenditures for services by the City.
~II The availability of mortgage financing to assist
(c)
such persons and families in the rehabilitation, con-
struction or purchase of decent, safe and sanitary
residential housing facilities will be aided by the
providing of funds for mortgage financing of residential
housing facilities by the creation of a public facilities
board pursuant to the provisions of the Act.
(d) The providing of financial assistance in order
to enable persons and families of low and moderate
income to finance the costs of decent, safe and sani-
tary residential housing facilities is a proper public
purpose as declared by the Act, and this determination
of the City Counci 1 of L~1est Memphis .
(e) The public purpose of financing residential housing
facilities may best be served by establishing a public
facilities board to purchase mortgages on such residen-
tial housing facilities or make loans to mortgage lenders
to provide financing for residential housing facilities
as; provided in the Act.
Section 2. Creation of Qoard. Pursuant to the authority
of the Act there is hereby created and established the "City
of West Memphis, .Arkansas Residential Housing Facilities Board"
(hereinafter referred to as the "Board") with authority as here-
inafter provided to accomplish, finance, contract, .and make
or purchase mortgage loans concerning, and otherwise act in
such manner as may be permitted try the Act to provide decent,
'~ safe and sanitary residential housing facilities within or
'~, near the City.
f I f the Board, Term of Office. The
Section 3. Members o
Board shall consist of five persons. The initial members
shall be designated ~y the "iayor of the City to serve terms of
one, two, three, four, and five y-ears, respectively. Successor
members shall be selected as provided in the Act. The members
'~ of the Board shall be residents of the City and shall take and
I! f office rescribed by the
file with the City Clerk the oath o p
L
Act. As soon as practicable after the enactment of this Ordinance,
each member of the Board shall qualify by taking and filing with
,.
the City Clerk the oath of office as prescribed by the Act.
Section 4. Powers. Subject to the ,provisions of Section
6 of this Ordinance, the Board is empowered, to loan, acquire,
construct, reconstruct, extend, equip, improve, sell, lease,
and contract concerning (which shall include the purchase of
mortgage loans and the making of loans to mortgage lenders)
residential housing facilities as shall be determined by the
Board to be necessary to effect the purpose of this Ordinance
to provide decent, safe and sanitary residential housing facili-
ties within or near the City. The Board shall require that a
majority of the funds made available for the purchase of mort-
gages or making loans to mortgage lenders shall be used for
residential housing facilities located within the corporate
limits of the City as now existing or as may. hereafter be ex-
tended, and that for a period of not less than 120 days from the
date funds are made available for the purchase of mortgages or
making loans to mortgage lenders shall be used for. single family
residential housing facilities located within the corporate limits
of the City as now existing or as may hereafter be extended, pro-
vided that .all funds will be used in Crittenden-County, Arkansas
~3~ ~ ~~..
exclusively. In addition, the Board shat lhave each of the
powers set forth in Section 9 of the Act. ~ and appro-
priate to the purposes for which the Board is created. The. Board
', may enter into such contractual or cooperative .agreements with
such persons as may, in its discretion, be advisable to accomplish
the purposes of this Ordinance, including without limitation, de-
partments, agencies, or instrumentalities of the United States of
America, the State of Arkansas or the City, e. ~. the Department
of Housing and Urban Development Agency, and the West Memphis
Housing Authority.
Section 5. Issuance of Bonds. Subject to the provisions
of Section 6 of this Ordinance, the Board as authorized to is-
sue revenue bonds, from time to time, and to use the proceeds
either alone or together with other available funds and revenues,
to accomplish the purposes for which the Board is created as the
same relates to the providing of decent,•safe and sanitary resi-
dential housing facilities. Such revenue bonds shall be obli-
gations only of the Board and shall not constitute an indebtedness
for which the faith and credit of the City or any of its revenues
are pledged, and the principal and interest on the bonds shall be
payable from and secured by a pledge of revenues derived from
residential housing facilities financed, in whole or in part,
~' from bonds proceeds and as authorized by, and in accordance with
the provisions of the Act, together with such other collateral
as.may_properly be pledged under the Act and as the Board in
!, its discretion may determine. The aggregate principal amount
', of revenue bonds of the Board outstanding at any one time. shall
'~
~I~ not exceed Twenty Five Million Dollars ($25,000,000), any net
~I~
earnings of the board, beyond that necessary for retirement of
the indebtedness or to implement any public facilities project,
#~
shall not inure the benefit of any person other than to the City
of West Mem his Arkansas.
P
Section 6. Limit on Initial Program. Notwithstanding any
~I other provision of this Ordinance, the Board unt it authorized
later by subsequent ordinance of the City shall be authorized to
(4}
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II
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engage .only in a single family (one to four dwelling units, at
least one of which of the one to four dwelling units is owner-
occupied) residential mortgage purchase program, and .for such
purpose to issue and sell its revenue bonds one time only.
'~~ Section 7. Organization; Reports. As soon as practicable
after the adoption of this Ordinance the Board shall meet and
elect such officers as shall be required by the Act. The Board
may adopt. such by-laws and other rules and regulations as shall
be necessary for the conduct of its business and consistent with
the provisions of the Act. The Board shall cause to be filed with
the .City Clerk of the City the annual report described in Section
18 of the Act.
Section 8. Excess Revenues. Any revenue of the Board accumu-
lated in excess of the amount necessary to accomplish the purposes
for which the Board is created and to comply wit~i all convenants
and agreements of the Board in connection. with any outs-tending
bond or other obligation shall be reported to the City Council of
the City which may direct the payment of such excess revenues into
the general fund of the City.
Section 9. Severability. If any provisions of this Ordinance
or the application thereof to any person or circumstance is held
i~~avalid, such invalidity shall not affect the other provisions
.', or applications of this Ordinance which can be given effect with-
out the invalid provision or application, and to this end the
provisions of this Ordinance are declared to be severable.
Section 1O. General Repeal. All Ordinances of the City, or
', parts thereof, in conflict with this Ordinance are. hereby repealed
II~'~ to the- extent of such conflict.
I; Section 11. Emergency. It is hereby found and determined
that there is an immediate and urgent need for the providing
of decent, safe and sanitary housing for persons of low .and
i
moderate income in or near the City and the providing of financial
assistance to such persons, and that the creation of the Board
arrd the exercise of the duties and powers provided in this
~5)
Ordinance are necessary to the preservation of the public peace,
et Therefore, an emergency is declared to exist
health, and saf y
anal this Ordinance shall be i n full force and effect from and
after its passage.
PASSED : ~~.~,~x'--._ f ~____~ 1978 .
APPROVED:
` ~.
Joyce T. Ferguson
'~ Mayor
ATTEST:
-~..
City Clerk
t S E A L)
~`
~6)
AYE: Aldermen: Hampton, Hightower, Jackson, and Morris
N0: Aldermen: Grimsley, Horton, Ray, Shelton, Spencer, and Woodell
The motion for tabling this resolution was defeated. Alderman Grimsley then called
for the question after this vote. Alderman Woodell seconded the motion, and upon
roll call vote, the vote was as follows:
AYE: Aldermen: Grimsley, Hampton, Hightower, Horton, Morris, Ray, Spencer, and
Woodell
N0: Alderman Shelton
ABSTAINING: Alderman Jackson
This motion was passed by the Council.
The Mayor then called for a roll call vote for adopting the resolution.
The roll call vote was as follows:
AYE: Aldermen: Grimsley, Horton, Morris, Ray, Spencer, and Woodell
N0: Aldermen: Hightower, Shelton
ABSTAINING: `Aldermen: Hampton, Jackson
This motion was adopted and became Resolution No. 649.
The Mayor then asked if there was any other business to come before the
Council. There being none, Aldermen Spencer made a motion that the meeting be ad-
journed. Alderman Ray seconded the motion. This motion was passed and the meeting
was adjourned.
APPROVED:
~l ~ ~~
Ma or
ATTEST:
City Clerk ,f1
db e
(4)
RESOLUTION 649
--~:
WHEREAS, Arkansas' cities spend the lowest amount per capita
on police protection in the United States; and,
WHEREAS, Arkansas' cities per capita expenditures are very
close to being the lowest on fire protection, health and sanita-
tion, and parks and recreation; and,.
WHEREAS, it has been estimated that the general revenues of
Arkansas' cities and towns would be cut by more than $1.30 per
capita if Amendment 59, exempting food and drugs, were enacted
at the General Election on November 7, 1978; and,
WHEREAS, the state and local taxes in Arkansas are already.
the lowest in the country; and,
WHEREAS, there is tremendous need for additional revenue
for the provision of basic people services such as police pro-
tection, fire protection, health and sanitation, improved streets
and drainatge, parks and recreational facilities for the 1,260,000
people living in the over 450 Arkansas' cities and towns; and,
WHEREAS, Amendment 59 makes no provision for replacing the
revenues which would be lost should it be enacted,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF WEST MEMPHIS:
(1) That we do hereby encourage the voters. of Arkansas
to VOTE AGAINST AMEPJDMENT 59 at the General EleEt#on on November
7, 1978, and
(2) That we further encourage the officials of all Arkansas
local governments to advise their citizens of the very serious con-
sequences,which the enactment of Amendment 59 would have on their
ability to provide the basic "PEOPLE" SERVLCES.
PASSED AvD APPRt~UEO this 19th day of October, 1978.
/ /~/ A
i
Joyce T. Ferguson
Mayor
ATTEST:
I,____._ ~...
~~
~~
..._.
'~ Charles DeGraff
~!, City Clerk
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