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
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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:
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AYE:
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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
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voting was as follows:
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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:
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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.
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ATTEST'
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SPONSORED 6Y:
JOY T. FERGUSON ~~1AYCR
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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
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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.
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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
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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
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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.
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Date Passed :~~ l' ,. ~ ~~ / %.,
Mayor
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Attest: f ~~ ~ ~ - '~
Ci ,y lerk .
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Exhibit I: Assurances
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CEi~TIF'ICATE
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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.
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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.
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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
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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.
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~ 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,
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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,
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(~ ~ 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;
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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 .
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ADOPTED this ~ day of ;~_ ~ ~ ~ ~
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ATTEST: _
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CITY (`CLERK ~ ~
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MAYOR
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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
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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 ,
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MAYOR
ATTEST :. /,
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CITY +CLERIf '
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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.
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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.
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PASSED AN D APPROVED thi s - ;, day of Fr; ~,
1979.
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MAYO