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May 17, 1979MINUTES WEST MEMPHIS CITY COUNCIL MAY 17, 1979 The West Memphis City Council was called to order in regular session at 1:30 P.M., May 17, 1979 by Mayor Joyce T. Ferguson. The following persons were present: Mayor Joyce T. Ferguson City Attorney Robert Smith Aldermen: Lloyd J. Woodell Vince Angeletti Robert Bentley Leon Duvall James Hightower Pritchard Horton Roberta Jackson Doug Morris R. H. Ray Gary Walker Prayer was offered by Father Filiatreau. Mayor Ferguson asked the Council to approve the minutes of the Council Meei;ing held May 3, 1979. A motion was made by Alderman Horton and seconded by Alderman Ray to approve the minutes. Upon voice vote of the council the minutes were approved. Next on the Agenda was Citizens Request: Mr. Stahl, East Arkansas Community College, presented a draft copy of a letter of Agreement for study by the Mayor and City Council Members concerning the Educational Complex on Graham to offer Freshman and Sophmore off campus classes. A motion was made by Alderman Ray and seconded by Alderman Woodell to accept the letter of Agreement from Mr. Stahl and referr it to the Educational Committee. Upon voice vote'of the Council the motion passed unanimously. The next citizen request was Rev. N. McDonald, 215 South ~I 21st Street, requesting that something be done about the ditch behind his house due to hazardous conditions because of shakes, mosquitoes, and bad drainage conditions. Mayor Ferguson referred this to Mrs. Wheeler in the Public Works Department. The first order of Buisness on the Agenda was the Third Reading of an Ordinance to Vacate Thomas Avenue read by the City Attorney. A motion was made by Alderman Angeletti and 2 seconded by Alderman Duvall to adopt the Ordinance on the Third Reading. Upon roll call vote, the voting was as follows: Aye:Aldermen: Woodell, Angeletti, Bentley, Duvall, Hightower, Horton, Jackson, Morris, Ray, and Walker No: None The Ordinance passed on the Third Reading and was given Ordinance No. 968, a copy of this ordinance is attached. 5 A motion was made by Alderman Bentley andseconded by Alderman Jackson to adopt a Resolution concerning negotiations with AP&L. Upon roll call vote, the voting was as follows: Angeletti, Bentley, Duvall, Hightower, Aye: Aldermen: Woodell, Horton, Jackson, Morris, Ray, Walker. No: None The Resolution passed and was assigned Resolution No. 696. A copy of this resolution is attached. Alderman. Angeletti called to the Council's attention Re- solution No. 695, which he felt need to be clearified. Alder- man Bentley made a motion to expunge the record on Resolution No. 695 seconded by Alderman Angeletti until the recessed meeting Thursday, May 24, 1979. Upon roll call vote, the voting was as follows: Aye: A~l.dermen: Woodel 1 , Angeletti , Benl ty, Duval 1 , Hi ghtow+er, Horton, Jackson, Morris, and Walker. No: Alderman Ray The record shows that~Resolution No. 695 is expunged. The following persons had committee reports: Alderman Duvall, Utility Commission, a copy of the minutes of the Utility Commission is on file in the Mayor's office and all A}dermen were given copies of the minutes. Alderman Bentley, Priviledge License Committee, reported that the committee willhave a meeting Monday Night, May Z1, 1979, at 6:00 P.M. at City Hall. Alderman Morris, Budget Committee, no report but the Sub-committee which was the Revenue Committee, Alderman Woodell reported that this committee was trying to find different sources of revenue for the city. During this report a motion was made by Alderman Woodell and seconded by Alderman Jackson "Exert every effort to come to the councilnext week with a scale of privilege tax that will be acceptable to the Council and a proposal for franchise tax." Upon roll call vote, the voting was as follows: 6 Aye: Aldermen: Woodell, Angeletti, Bentley, Duvall, Hightower Horton, Jackson, Morris, Ray No : Pone Absent: Alderman Walker During the Revenue Committee Report, Alderman Morris made a motion of the intent of the Council to go on record asking to, "secure a firm commitment from the Port Authority on or before May 24, 1979, for the option of 200 acres of land contiguous to the Port side," seconded by Alderman Jackson. Upon roll call vote, the voting was as follows: Aye: Aldermen: Woodell, Angeletti, Bentley, Duvall, Hightower, Horton, Jackson, Morris, and Ray No: None Absent: Alderman Walker Public Works Committee reported by Alderman Horton who made a motion to accept i±he Contract agreement with Lehr & Brawley for the Asphalt and Slurry Program seconded by Alderman Jackson. Upon voice vote of the council the voting was unanimous. The contract was signed by Mayor Ferguson on May 17, 1979. Drainage Committee reported by Alderman Angeletti, no report, but would like to get some feed back from the Council on Drainage problems. The following appointments were made by Mayor Ferguson and approved by the City Council by voice vote. City Beautiful Committee: Mrs. James Fitzgerald, 402 N. 9th Street, and Mrs. John D. Taylor, 512 Burns West Memphis Utilities: Mr. Willie Higgins, 2505 Jackson Port Authority: Mr. Don Weis, 605 W. Roosevelt Mayor Ferguson presented a Joint Legislature Audit Letter dated April 23, 1979, to be a part of i;he record. (A copy is on file in the Mayor's Office). ~A1 Berman Bentley stated_ that he fel t that every~~ cor~mi ttee in the City should make a report back to the Council as to the committee's progress. Alderman Woodell made a motion to recess this meeting until April 24, 1979 at 1:30 P.M. seconded by Alderman Duvall. 3 The next order of Buisness was an Ordinance on the Emergency Establishing A Procedure for Purchasing, sale or exchange of property in compliance with Act No. 28 of 1959, read by City Attorney Robert Smith. A motion was made by Alderman Ray to suspend the rules requiring the Ordinance to be read on three different days and seconded by Alderman Jackson. Upon roll call vote, the voting was as following: Aye: Aldermen: Woodell, Angeletti, Bentley, Duvall, Hightower, Horton, Jackson, Morris, Ray, and Walker. No: None The Ordinance passed on the first reading. Attorney Smith .read the Ordinance for the second time. Alderman Ray made a motion seconded by Alderman Jackson, to further suspend the rules. Upon roll call vote, the voting was as follows: Aye: Aldermen: Woodell, Angeletti, Bentley, Duvall, Hightower, Horton, Jackson, Morris, Ray, and Walker. No: None The Ordinance Passed on the Second Reading. Attorney Smith was asked to read the Ordinance for the third and final time. A motion was made by Alderman Walker and seconded by Alderman Duvall, to adopt the Ordinance. Upon roll call vote, the voting was as follows: Aye: Aldermen: Woodell, Angeletti, Bentley, Duvall, Hightower, Horton, Jackson, Morris, Ray, and Walker. No: None The Ordinance Passed on the Third Reading. A motion was made by Alderman Morris and seconded by Alderman Duvall to adopt Section 7, the Emergency Clause. Upon roll call vote, the voting was as follows: Aye: Aldermen: Woodell, Angeletti, Bentley, Duvall, Hightower, Horton, Jackson, Morris, Ray, and Wafer. No: None The Ordinance passed with the Emergency Clause and was assigned Ordinance No. 969, a copy of this ordinance is attached. 4 Next item to be discussed was a Resolution introduced by the Utility Department represented by Mr. P. G. Para, General Manager of the West Memphis Utilities, asking the Council per- mission to waive the rules to put this Resolution on the Agenda concerning the Proposed acquisition by the City from AP&L. Before discussion~of the Resolution Alderman Horton called for a five minute recess which was granted. The meeting was called back to order by Uice-Mayor Ray with the City Attorney reading the Resolution from the Utility Department concerning the Proposed acquisition by the City from AP&L. A motion was made by Alderman Morris and seconded by Alderman Horton. Upon voice vote of the council the voting was unanimous. This Resolution was assigned Resolution No. 695. The City Attorney was asked by Vice-Mayor Ray to read the second Resolution concerning negotiations with~l~P&L. Upon voice vote of the council, the Resolution was given Resolution No. 696. During this time Mayor Ferguson presiding a motion was made by Alderman Ray and seconded by Alderman Morris to waive the rules and add the Resolution concerning Colonel Lockridge to the agenda. Upon voice vote of the council, the motion passed. City Attorney Smith was asked to read the Resolution with a motion from Alderman Duvall and seconded by Alderman Horton to adopt this Resolution. Upon voice vote of the Council the Resolution passed and was given Resolution No. 697. (A copy of this resolution is to be sent to Colonel Lockridge). A motion was made by Alderman Walker and seconded by Alderman Horton to expunge the record of Resolution No. 695 and No. 696, due to a lack of a motion and a lack of a second. Upon voice vote of the council, the voting was unanimous. Alderman Walker withdrew his motion on Resolution No. 695 and Alderman Horton withdrew his second because this resolution was handled properly. 5..~.~,,. ~Q,~,r „~y~~i.~ w~~~~~~s 4.71, r A~ t ~ ~ 0 ~ -1ni M4.~'LS ~.. 17 ORDINANCE N0. AN ORDINANCE VACATING THOMAS AVENUE EXTENDING FROM THE-WEST LINE OF GATHINGS AVENUE WEST TO THE EAST LINE OF 24TH '~ STREET IN THE CITY OF WEST MEMPHIS, ARKANSAS r'` WHEREAS, a petition was duly filed with the City Council of the City of West Memphis, Arkansas, on March 29, 1979, asking the City Council to vacate and abandon Thomas Avenue extending from the west line of Gathings Avenue west to the east line of 24th Street and bounded on the south by Lots 1 to 8, inclusive, in Block 2 of Wheeler Subdivision as shown by plats of record in Plat Book 1 at pages 264 and 265, Plat Book 2 at pages 1.13 and 114 and Plat Book 2 at page 125 and on the north by acreage, all in the city of West Memphis, Arkansas; and WHEREAS, after due notices were published as required by law, the City Council has, at the time and place mentioned in the notices, heard all persons desiring to be heard on the question and has ascertained that Thomas Avenue as hereinabove described has heretofore been dedicated to the public's use as a street herein described; has not been actually used by the public generally for a period for at least five years subsequent to the filing of the plats; that all the owners of the property abutting upon Thomas Avenue to be vacated have filed with the Council their written consent to such abandonment; and that public interest and welfare will not be adversely affected by the abandonment of such. street. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE _; CITY OF WEaT MEMPHIS, ARKANSAS: Section I. The City of West Memphis hereby releases, vacates and abandons all its right, together with the rights of the public generally, in and to that part of Thomas Avenue designated as follows: i i. ` That portion of Thomas Avenue extending from the west line of Gathings Avenue west to the east line of 24th Street and bounded on the south by Lots 1 to 8, inclusive, Block 2, Wheeler Subdivision, and on the north by acreage and as shown on plats of record in Plat Book 1 at pages 264 and 265, Plat Book 2 at pages 113 and 114,. and Plat Book 2 at page 125 in the off ice of the recorder of Crittenden County, Arkansas, subject to any easements far utilities in favor of the city of West Memphis. Section II. A copy of the ordinance duly certified by the City Clerk shall be filed in the office of the Recorder of Crittenden County, Arkansas, at Marion and recorded in the deed records of said county at Marion. Section III. This Ordinance shall take effect and be in force from and after its passage. PASSED AND APPROVED this , ~~ ~ day of ,.- `.i I r~~ ~r , 1979 . ...,~•: ~~ Mayor ~~ ATTEST : ~ ~,,~' ~,~ ., ,, s ~~ ? ~ t1 /. r City Clerk ~~_ • ~ , .,~ ~,. ORDINANCE N0. -,<-_ AN ORDINANCE ESTABLISHING A PROCEDURE FOCEpWRTHASING, SALE OR EXCHANGE OF PROFNSAS SNATUTELI9-~~21 - ARKANSAS ACT N0. 28 OF 1959 (ARKA STATUTE 19-X430); DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: t~. ~. t t~. f_''~ Section 1. The Mayor, or his duly authorized representative, shall have exclusive power and responsibility of making purchases of all supplies, apparatus, equipment and materials for the '. City of West Memphis, Arkansas, where the total expenditure therefor is below the sum of five hundred ($500.00) dollars. Section 2. That all purchases for the City of West Memphis, Arkansas, of supplies, apparatus, equipment, materials and other things requisite for public purposes where the expenditure therefor is in excess of five hundred ($500.00) dollars but less than two thousand ($2,000.00) dollars shall be made by the Mayor, ~r'y;er' or his duly a~athorized representative, after the securing of quotation bids therefor. Provided, however, purchases of less than two thousand ($2,000.00) dollars at State bid prices shall be exempt from the provisions of this Ordinance. Section 3. Where the amount of expenditure for any purchase or contract exceeds the sum of two thousand (_$2,000.00) dollars, the Mayor,. or his~~duly authorized representative, shall invite competitive bids thereon by legal advertisement in any local newspaper. Bids received pursuant to said advertisement shall be opened and read on the date set for receiving said bids, in ,.:; the presence of the Mayor, or his~tduly authorized representative, The contract shall be awarded to the lowest responsible bidder; provided, the Mayor, or his,.~duly authorized representative, may reject any and all bids received. '~' ~ `, Section ~. The Mayor, or his~duly authorized representative, ma.y approve for payment out of any funds previously appropriated for that purpose, or disapprove any bills, debts or liabilities. asserted as claims against the City, when funds on hand are adequate to pay such bills, debts or liabilities. That the payment or disapproval of any bills, debts or liabilities are ~""'` revious a ro riation shall require confirmation not covered by a p PP P of the governing body. Section 5. That the Mayor, or hiss'duly authorized representative, may sell or exchange any municipal supplies, .materials or equipment without competitive bidding if such supplies, materials or equipment have a value of less than two thousand ($2,000.00} dollars. That no supplies, materials or equipment shall be sold without receiving competitive bids therefor if the value thereof exceeds the sum of two thousand ($2,000.00) dollars; provided, however, if the Mayor shall ~/~ , ~' r certify in writing to the governing body that, in hid opinion, the fair market value of such item or lot (to be disposed of in one unit) is less than two thousand ($2,000.00} dollars, the same may be sold by the Mayor without competitive bidding. Section 6. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 7. Whereas, State laws of the State of Arkansas require the establishment of a procedure for municipal purchases under two thousand ($2,000.00) dollars and this Ordinance being necessary for the immediate protection of the public peace, health and safety, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect from and after its passage and approval. a,. . PASSED AND APPROVED this ~'~ .,;'' day of ~. 1979. MAYOR ATTEST: CITY CLERK RESOLUTION N0. 697 WHEREAS, Colonel Robert W. Lockridge, Jr. is retiring from service with the United States Army Corp of Engineer® after 23 years of dedicated service. WHEREAS, The City of West Memphis wishes to express its appreciation to Colonel Lockridge for his help and assistance with our Flood Control Program. WHEREAS, Colonel Lockridge has been untiring in his efforts to secure a comprehensive plan for flood plain management in West Memphis. THEREFOR E, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF THE CITY OF WEST MEi~PHIS, ARKANSAS: 1. That the City of West Memphis wishes to pay tribute to Colonel Robert W. Lockridge, Jr. for the many fine deeds that were accomplished during his tour of duty with the Memphis District of the United States Corp of Engineers. 2. That the Mayor and City Council wishes to thank Colonel Robert W. Lockridge, Jr. for his assistance and his professional expertise with our Flood Control Program. PASSED AND APPROVED this 17th day of May 1979. Joyce T. Ferguson, Mayor ~ ~. fJ ': RESOLUTION N0. f ~~ WHEREAS, recent negotiations with the Arkansas Power & Light Company in contemplation of buying an interest in one (1) or more Electrical Generating Plants owned by the Arkansas Power & Light Company has caused the West Memphis Utility Commission to request additional Legal Counsel with expertise in Utility Generating Plants; and, WHEREAS, Utility Ordinance No. 915 authorized the City Attorney to be the Legal Consultant for the Utility Commission; and, : WHEREAS, approval of the City Council is needed to '; compensate extra Legal Counsel if and when it is desired; and, WHEREAS, Mr. Dave Wilson of the firm of Wallace, Hilburn, Clayton, Wilson, and Hankins, Ltd., of North Little Rock, `--~ Ark~~.nsas, has been suggested as Legal Counsel by the Utility ~~ Commission, and to receive Thirty-Five ($35.00) Dallars hourly for his work to be paid from the Utility Department Funds; THEREFORE, BE IT RESOLVED, that the City Council of the City of West Memphis, Arkansas, authorizes the City Attorney to engage the services of Mr. Dave Wilson of the firm of Wallace, Hilburn, Clayton, Wilson,•and Hankins, Ltd.;-of North Little Rock, Arkansas, to assist the City Attorney in. negotiation with the Arkansas Power and Light Company at the sum of Thirty-Five ($35.00) Dollars an hour as long as it is felt the services are necessary for the accomplishment of the negotiation and the acquisition procedures with Arkansas Power & Light Company with compensation to be made from Utility Department Funds. ADOPTED THIS -~. ~} day of ~-~ % ~ ~ '~ ~~a`~ 1.979 . ~~ ~, ~''~ r , y~ r ~ . ATTEST : - ~. ,_._a ~ =~~' MAYOR ~- ~~~ CITY CLERY: ,t I PASSED AND APPROVED this ~`~,'~ day of 1979. ~1~~ AYOR JOYCE T. FER SON ATTEST: DAN CRAFT