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July 5, 1979,..~~ . MINUTES WEST MEMPHIS CITY COUNCIL JULY 5, 1979 A regular meeting of the West Memphis City Council was held on July 5, 1979 at 1:30 P.M. in West P~lempbis, Arkansas, at City Hall in the Council Chamber. Mayor Ferguson called the meeting to order. The following persons were present: Mayor Joyce T. Ferguson City Attorney Robert Smith Aldermen: Leon Duvall James Hightower Pritchard Horton Roberta Jackson Doug Morris R. H. Ray Gary Walker Lloyd J. Woodell Vince Angeletti Robert Bentley Prayer was offered by Alderman Ray. There are five sets of minutes; May 24, May 31, June 7, July 21, and June 28, 1978; to be approved. In the minutes, the following corrections were made: May 24, 1979, "change March in Paragraph 4, on page 2 to ,~' May. ~~ June 7, 1979, "change the name of Mrs. Lee Hall to Mrs. Lee Hol]and," in paragraph 4, page 1. June 28, 1979, Make the correction to read, "there was discussion about who actually owned the property on East Barton, West Side of 7th Street," on Page 3, paragraph 2. Alderman Ray made the motion and seconded by Alderman Jackson to approve the minutes, as sent in the packets of May 31 and June 21, 1979 and also the minutes stated above after corrections. Upon voice vote of the council, the voting was unanimous. The next item of business was the third reading of the Ordinance to rezone a tract of land in the SEl/4 of Section 10, -Township 6 North, Range 8 East in the City of West Memphis. Alderman Morris made a motion and seconded by Alderman Horton to adopt the Ordinance on the third reading. Upon roll call vote, the voting was as follows: a t ~ ~._~ AYE: -2- Aldermen: Duvall, Hightower, Horton, Jackson, Morris, Ray, Walker, Woodell, Angeletti, Bentley N0: NONE The Ordinance was adopted and was assigned Ordinance No. 971. The next item on the agenda, the City Attorney read a Resolution authorizing the Mayor to submit an application for IPA Grant Funds. Alderman Woodell made a motion and seconded by Alderman Walker to table the Resolution indefinitely. Upon roll call vote, the voting was as follows: AYE: Aldermen: Duvall, Hightower, Horton, Jackson, Morris, Ray, Walker, Woodell, Angeletti, Bentley N0: NONE The Resolution was tabled. City Attorney Smith read a Resolution authorizing the filing of an application for second year funding under small cities grant program. Alderman Jackson made a motion and seconded by Alderman Angeletti to adopt the Resolution. Upon roll call vote, the f voting was as follows: r.. AYE: Aldermen: Hightower, Horton, Jackson, Morris, Ray, Walker, Woodell, Angeletti N0: NONE The Resolution was adopted and was assigned Resolution No. 709. Next on the agenda, the City Attorney read the Resolution to hire an Arkansas Licensed Engineer for the City of Weft Memphis. Alderman Woodell made a motion and seconded by Alderman Morris that before passing this resolution that it be referred to the budget committee. Upon roll call vote on the motion, the voting was as follows AYE: Aldermen: Hightower, Horton, Jackson, Ray, Woodell N0: Aldermen: Angeletti, Bentley, Walker ABSTAINED: Aldermen: Duvall, Morris The motion was defeated. Alderman Bentley made a motion seconded by Alderman Angeletti to adopt the Resolution, to hire an Arkansas Licensed Engineer for the City of West Memphis. Upon roll call vote, the voting was as follows: ~_f.; ~y 1 ~ j ORDINANCE PdO. ~ ~ / AN ORDINANCE TO REZONE A TRACT OF LAND IN,THE SE 1/4 SE l/4, OF SECTION 10, TOV~7NSHIP 6°~NORTH, RANGE 8 EAST, IN THE CITY OF WEST P~E~"IPHIS, ARKANSAS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEA4PHIS , ARKANSAS SECTION I: That the following described property located in the City of West Merlphis, Crittenden County, Arkansas, to wit• Beginning 1200 feet North of the southwest corner of SE 1/4 SE 1/4, Section 10, Town- ship 6 North, Ranae 8 East, run thence north 684 feet, thence east 1320 feet, thence south 684 feet, thence west 132.0 feet to the point of beginning, and being a part of Lots 25, 26, 27, 28, 29, 30, 31 and 32 of the J. C. Rainer Subdivision as shown by plat of record in Plat Book 2 at page 13, be, and the same is hereby, rezoned as ri-1 Limited Inc?ustrial District. SECTION II: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. PASSED this ~`~ day of tJ Lr~rG- ~ , 1079. ,~. i / . ATTEST' .~ f ~, 1 - ~; ~: ,~C I TY CLE, ,~ SPONSORED 6Y: JOY T. FERGUSON ~~1AYCR ~~/ MAY R ~ ,,~. ~~..... ~ __....~......... .._ ....~.~. ,.~.,~....~..., x.,_ ~,' ..r.,,,,.-----~ RESOLUTION NO. y RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST MEMPiiIS, ARKANSAS AUTHORIZING FILING OF APPLICATION FOR SECOND YEAR FUNDING UNDER SMALL CITIES GRANT PROGRAM, MAKING CERTAIN ASSURANCES TO-DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT AND AUTHORIZING MAYOR TO CERTIFY CONTENTS OF THIS RESOLUTION. WHEREAS, the City of West Memphis desires to continue in the undertaking of a variety of community improvement and development activities with funds available under the provisions of Title I of the Housing and Community Development Act of 1974, as amended by the 19 7 7 Act ; and Whereas, in keeping with this desire, the City previously had submitted an Application for a Multi-Year funding commitment for a Comprehensive Small Cities Program and previously had received approval of the Department of Housing and Urban Development for , such Multi-Year funding; and Whereas, it is timely for the City to submit its Application for funding for the second incremental year of the Multi-Year • F funding on the Comprehensive Small Cities Program; and Whereas, on the basis of the City Council's review of mate- rials related to the Small Cities Program Application, the earlier design of program content for the second year increment, and the desire to continue undertaking Community Development Program ac- tivities within the geographic area of the City that was designated for such funding under the original approval of the Sma11 Cities Grant Program, the City Council hereby determines that the public interest will be served by making the findings, determinations, approvals and authorizations contained herein. ~- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: 1. That the Application for Federal assistance on Standard Form 424, dated July 5, 1979, requesting a Federal grant for the Second Year Program in the amount of $631,250; the Project Summary on Form HUD-7066; the Cost Summary on Form HUD-7067; the Annual Housing Assistance Action Program on Form HUD-7095, accompanying said Application, are hereby approved; and the Mayor is authorized to file with the Department of Housing and Urban Development said forms and related papers, maps and assurances required to comprise a Full Application for the Second Year funding under the Multi-Year Comprehensive Small Cities Grant. 2. That the content of the Second Year Program as authorized herein is described in the following general terms, expressed as funding allocations to the various components and activities of the proposed program: $129,000 - Property Rehabilitation of Residential Structures ~Y $451,250 - Recreation Center , $ 51,000 - General Program Administration $631,250 - TOTAL, SECOND YEAR FUNDING The Mayor be and hereby is authorized to execute the Second Year Program within the framework established by the above allocation of funds . '~ 3. That the Department of Housing and Urban Development is k hereby assured that the city will comply with the requirements of _z' I 3 i ~` a. T1 ;> . . Section 570.309 of notifying the general public through publication of a legal notice that the Full Application has been filed respec- tively with the A-95 Clearinghouses and the Department of Housing and Urban Development, and that persons may challenge the con- sistency of facts and assurances contained in said Application. 4. That the City herein makes the assurances and certifica- ~' tions required by the Department of Housing and Urban Development ~' as included on Exhibit I, Assurances, which is attached hereto and incorporated herein as part of this resolution as if same were repeated herein word for word. 5. That this resolution shall take effect immediately. ~; Date Passed :~~ l' ,. ~ ~~ / %., Mayor ' ~ ~. /~ Attest: f ~~ ~ ~ - '~ Ci ,y lerk . ~` ~ v Exhibit I: Assurances -3- y ~. ;s •, .- CEi~TIF'ICATE r, The undersigned, City Clerk of the City of West Memphis, Arkansas, hereby certifies that the foregoing a es are a tr P g ue and perfect copy of Ordinance No. ~~*~,~, adopted at a regular session of the City Council of the City of West Memphis, Arkansas, held at the re ular meetin ' g g place in the City at 1:30 o'clock p.m., on the 19th day of July, 1979, and that the Ordinance is of record in Ordinance Record Book No. ~, at page now in my possession. GIVEN under my hand and seal on this 19th day of July, 1979. . ~ Cit Cl k -"' (SEAL j ~/.' ~~ i I i i , -3- AYE: Aldermen: Duvall, Morris, Walker, Angeletti, Bentley N0: Aldermen: Hightower, Horton, Jackson, Ray, Woodell The talley of the votes wire five "Yes" and five "No;" a tie. Mayor Ferguson broke the tie by a vote of "NO" and stating the reasons for her vote. The Resolution was defeated. Next item on the agenda, the City Attorney read a resolution "In appreciation of Senator Dale Bumpers, Senior Senator, State of Arkansas, and his efforts to pass a law to secure TVA Power for West Memphis, Arkansas." Alderman Angeletti made a motion and seconded by Alderman Jackson to adopt the resolution. Upon roll call vote, the voting was as follows: AYE: Aldermen: Duvall, Hightower, Horton, Jackson, Morris, Ray, Walker, Woodell, Angeletti, Bentley N0: Aldermen: None The Resolution .was adopted and was assigned Resolution No. 710. Mayor Ferguson presented Certificates of Commendations and letters of appreciation to Gray Pospisil and Jerry Riddle for their help in getting statistics and charts on TVA for the Mayor's trip to Washington. A letter supporting the City in securing TVA Power dated June 19, 1979 from the West Memphis Chamber of Commerce signed by Cliff Jackson, President of the Chamber of Commerce, was presented to the Council. Alderman Ray madea motion and seconded by Alderman Morris to enter the letter stated above in the records. Upon voice vote, the voting was unanimous. The letter will be entered in the record. City Attorney Smith read a resolution to~~donate 10 acres of land adjacent to the Airport purchased in 1973 for $8,860 to the Airport. ~"" Alderman Duvall made a motion and seconded by Alderman Ray to adopt the Resolution. Upon voice vote, the voting was as follows: AYE: Aldermen: Duvall, Hightower, Horton, Jackson, Morris, Ray, Walker, Woodell, Angeletti, and Bentley N0: None The Resolution was adopted and assigned Resolution No. 711. i " ~ . ` -4- City Attorney Smith read the Ordinance Levying an Attendance Tax of 25~ on each person entering Southland Greyhound Park, except employees.. , Alderman Walker made a motion seconded by Alderman Angeletti to delete the emergency clause from the ordinance. Upon roll call vote, the voting was as follows: AYE: Aldermen: Duvall, Horton, Jackson, Morris, Ray, Walker, Woodell, Angeletti, Bentley N0: Alderman Hightower The Emergency Clause will b^ omitted and the ordinance read on three different days. City Attorney Smith read the Ordinance on the first reading levying an Attendance Tax of 25~ on each person entering Southland Greyhound Park, except employees. F Alderman Ray made a motion and seconded by Alderman Morris to adopt the Ordinance on the first reading. Before the Council voted on-the motion, Alderman Angeletti made a motion seconded by Alderman Morris to amend the Ordinance by removing the payment date in Section II and leave it blank. Upon voice vote of the council, the voting was unanimous. Mr..C. B. Nance, Attorney for Southland Racing Corporation, addressed the council asking them not to pays the ordinance because he felt that it was in violation of the State statutes. Upon roll callvote of the Ordinance, the voting was as follows: AYE: Aldermen: Duvall, Morris, Ray, Walker, Angeletti, Bentley N0: Aldermen: Hightower, Horton, Jackson and Woodell The Ordinance passed on the first reading. The Council recessed for ten minutes beginning at 3:35 P.M. to 3:45 P.M. ~; Next on the agenda, the City Attorney read the Ordinance concerning a Special Election to vote on the question of issuing bonds under Amendment 13 on the Emergency Clause. Alderman Duvall made a motion and seconded by Alderman Morris to adopt the Ordinance. Upon roll call vote, the voting was as follows: AYE: Aldermen: Duvall, Hightower, Horton, Jackson, Morris, Ray, Walker, Woodell, Angeletti, Bentley N0: Aldermen: NONE ,' RESOLUTION N0. / / 0 IN APPRECIATION OF SENATOR DALE BUMPERS, SENIOR SENATOR, STATE OF ARKANSAS, AND HIS EFFORTS TO PASS A LAW TO HAVE CONGRESS TO SELL T.V.A. POWER TO WEST MEMPHIS, ARKANSAS. ~~ ~ WHEREAS, Mayor Joyce Ferguson recently led a delegation from West Memphis, Arkansas, to Washington, D. C., in an effort to secure T.V.A. Power for West Memphis; and, ' WHEREAS, it was necessary that a hearing be held before the Committee on Public Works and Environment to develop testimony necessary for the Congress of the United States to act on this matter; and, WHEREAS, through the efforts of Senator Dale Bumpers, our Senior Senator from Arkansas, a hearing was arranged for the West Memphis Delegation to be heard before the Chairman of this most important committee, The Honorable Jennings Randolph, from West Memphis; and, V ! rCi,v° ,:~~ WHEREAS, The Honorable Dale Bumpers, did appear personally before the Committee on Public Works and Environment and did give favorable testimony in behalf of West Memphis, Arkansas, ~~ (~ ~ to receive T.V.A. Power; and, - WHEREAS, in spite of powerful opposition within our State, Senator Bumpers has demonstrated courage that is admirable for our Senior United States Senator; • THEREFORE, BE IT RESOLVED, that the City Council of the City of West Memphis wishes to commend The Honorable Dale Bumpers for his efforts and courage in his continuing struggle to have Congress pass a law allowing T.V.A. to sell electric power to West Memphis, Arkansas; THEREFORE, BE IT FURTHER RESOLVED, that this Resolution be ,mailed to The Honorable Dale Bumpers, United States Senate, Washington, D . C . r-- 19 7 9 . ADOPTED this ~ day of ;~_ ~ ~ ~ ~ ,~ ~. ATTEST: _ I ~- ~. ,, ,, CITY (`CLERK ~ ~ ~~ MAYOR !g, .' r • t WHEREAS, the Cit some property near the namely, ten (10) acres ~"` WHEREAS, at that repay the City of West and, RESOLUTION N0. -<'T'' y of West Memphis, Arkansas purchased Airport in the amount of $8,880.00, of g round in the year, 1973; and, time the Airport Commission agreed to Memphis for the cost of the property; WHEREAS, the Airport Commission has suffered some financial losses due to the inability of the fixed-base !! operators to generate sufficient revenue for operating expenses; and, . WHEREAS, the State Auditors suggested that the City of West Memphis take some action on this matter; and, WHEREAS. it is believed advisable for the City of West Memphis to donate the property purchased in 1973 to the Airport Commission; THEREFORE, BE IT RESOLVED by the City Council of the City of West Memphis, Arkansas: 1. That the said ten (10) acres of ground adjacent to ,, the West Memphis Airport be donated to the °irport s`~ which `was • purchased in 1973, and more particularly described as follows: A lot lying in the NW 1/4 of Section 15, Township 6 North, Range 8 East, Crittenden County, Arkansas, more particularly described as follows: Commencing at the center of Section 15, Township 6 North, Range 8 East, thence north along the east line of said NW 1/~ 1076.0 feet to the point of beginning; said point being the northeast corner of the Bunge Corp. Lot; thence west 1078.0 feet along the north line of the Bunge Corp. Lot to the Northwest corner of said Bunge Corp. Lot; thence North X04.0 feet along the east line of the West Memphis Municipal Airport property; thence east 1078.0 feet on a line parallel to the north line of the Bunge Corp. Lot to a point • on the east line of the Northwest quarter of Section 15; thence south along said east line 404.0 feet to the point of beginning; containing 10.0 acres, more or less; subject to all restrictions, easements, rights of way and covenants of record and subject to zoning ordinances or laws of any governmental authority. ADOPTED this ~~ day of ,~L:% ~. ~ 1979 , ~~ MAYOR ATTEST :. /, ~ %, .,, ~' ~- _~~ (' CITY +CLERIf ' . , ' i' ~ ~ ~ -5- Alderman Ray made a motion and the motion was seconded to have the Courrtyr-Judge send someone to Ward II and clean out the ditches. Upon voice vote, the voting was unanimous. During Budget Committee Report, Alderman Morris made a motion seconded by Alderman Horton to approve the budget, as sent in the packets. Upon roll call vote, the voting was as follows: AYE: Aldermen: Duvall, Hightower, Horton, Jackson, Morris, Ray, Walker, Woodell, Bentley N0: NONE ABSTAINED: Alderman Angeletti Police Committee Report: Alderman Ray made a motion:and seconded by Alderman Walker not to allow the truck terminal to be on Broadway. Upon roll call vote, the voting was as follows: AYE: Aldermen: Duvall, Hightower, Horton, Jackson, Morris, Ray, Walker, Woodell, Bentley N0: Alderman Angeletti The Motion passed. Alderman Bentley made a motion and seconded by Alderman Walker for the Referendum hearing to be held on July 19, 1979, open to the public, and to be published five (5) days in the Evening Times prior to the hearing. Upon voice votry, the voting was unanimous. The motion passed. The City Beautiful Commission made a recommendation to the Council asking that Mrs. Helen Henry on 14th Street, Mrs. Jeannie May on 1501 McAuley Drive, and Mrs. Lester Smith be appointed to the City Beautiful Commission. Alderman Bentley requested prior to Mrs. Lester Smith, with at a later date. Mayor Ferguson a letter to the City Beautiful C by adding one or both. The recommendation from the City that Mrs. E. B. Hicks be appointed Mrs. Lester Smith being appointed was asked by the Council to write ~mmittee suggesting this change, Beautiful was approved by voice vote of the council. r n t ~ ~ ;~ ~~ ~ ,~ -6- Alderman Hightower instructed the Council that the city truck drivers in the Sanitation department did not understand the salary change. It was suggested by the Council that a meeting be set up with the Sanitation workers to explain the salary change in detail. There was no other business to come before the council ~ and Alderman Duvall madea.motion to adjourn and seconded by Alderman Horton. Thee meeting adjourned at 4:~~7~P.M. ",~ ., PASSED AN D APPROVED thi s - ;, day of Fr; ~, 1979. F ~~ MAYO