August 2, 1979l = ~ Y
MINUTES
WEST MEMPHIS CITY COUNCIL
AUGUST 2, 1979
A regular meeting of the West Memphis City Council was held
on August 2, 1979 at 1:30 P.M. in West Memphis, Arkansas, at City
Hall in the Council Chambers. Mayor Joyce T. Ferguson called the
meeting to order. The following persons were present:
Mayor Joyce T. Ferguson
City Attorney Robert Smith
Aldermen:
Pritchard Horton
Roberta Jackson
Doug Morris
R. H. Ray
Gary Walker
Lloyd J. Woodell
Vince Angeletti
Robert Bentley
Leon Duvall
James Hightower
Prayer was offered by Rev. Jerry Meeks.
Mayor Ferguson presented a distinguished service award to
Chief Bobby Keen, Chief of Police, for his outstanding services
in the narcotics division and also for his leadership ability in
being responsible for establishing a Police Academy in West Memphis.
There are two sets of minutes to be approved, minutes of
July 5, and minutes of July 19, 1979.
Alderman Horton made a motion seconded by Alderman Jackson
to delay approval of the minutes of July 5, 1979. Upon voice vote
of the Council, the voting was unanimous.
Alderman Ray made a motion seconded by Alderman Morris to
delay approval of the minutes of July 19, 1979. Upon voice vote
of the Council, the voting was unanimous.
The following citizens had request: Mr. Bill Spencer, 509
Auburn; Mrs. Doris Cockrell, 515 Auburn; Mr. Joe Burton, 513 Auburn;
Mr. Don Cockrell, 515 Auburn and Mrs. Ellen Maxwell of West Memphis,
asking the council to help do something about the flooding problem
y in Westwood Acres and other parts of the City.
~:
r- During these citizens request, Alderman Angeletti, Chairman
of the Drainage Committee, made comments concerning the drainage
problem and things the City had done and are still doing to over-
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come this problem. He further stated that he needs citizen
participation from the entire city to help with this problem.
A committee was appointed by Mayor Ferguson to work with
Alderman Angeletti on the drainage problem. The committee
members are Alderman Jackson, Alderman Ray,, Alderman Bentley
and Mr. Bill Spencer.
The next item of business on the agenda, the City Attorney
read the Ordinance concerning fire calls outside the City Limits.
Alderman Duvall made a motion and seconded by Alderman Walker
to adopt the Ordinance on the second reading. Upon roll callvote,
the voting was as follows:
AYE: Aldermen: Horton, Jackson, Morris, Ray, Walker, Woodell,
Angeletti, Bentley, Duvall, and Hightower.
N0: None
The Ordinance passed on the second reading.
The City Attorney read the third reading of an Ordinance
Calling for a Special Election to cote on the Question of Issuing
Bonds Under Amendment 13.
Alderman Ray made a motion and seconded by Alderman Duvall
to adopt the ordinance. Upon roll call vote, the voting was as
follows:
AYE: Aldermen: Horton, Jackson, Morris, Ray, Walker, Woodell,
Angeletti, Bentley, Duvall and Hightower
N0: None
The Ordinance passed on the third reading and was assigned
Ordinance No. 973, which reads as follows:
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ORDINANCE N0. •
AN ORDINANCE CALLING A SPECyA.:.. ELL'CTION
• TO VOTE ON THE QJESTION OF ISSUING BONDS'".
UNDER A.~~ND`'t..EN':.' r+0. 13 TO THE CONSTITUTIC:3
OF T~ STATE OF ~,~NSAS FO? Ti?E PUttPOSE
' OF ~tEFU-LADING T'rz. OUTSTAI~+DI:~~G BONDS Or THE -
CITY'S GENERAL OBLIGATION ISSUE, DATED JULY 1,
1973, AND FOR THE PURPOSE OF PROVIDING FUNDS
FOR CONSTRUC'T'ING PUBLIC STP~.ETS (I?~CLUDING
THE ACQUISITION OF N ECESSA.RY P.iGHTS OF WAY)
AND FOR CONSTRUCTING AtiD EQUT?PING SEj~'R
FACILITIES; PRESCRIBING OTHER :ZAT'?'EP.S RELA.'='l?'3G ~ 4
~TBERETC •
WHEP,EAS, the City of West Memphis, Arkansas {the
"City"), is a city of the first class; and
WHEREAS, the City Council, after investigation, has
determined that it would be in the best interest of the ~~ty
to construct public streets {includin5 the acquisition of
necessary rights of way} at an estimated cost to the City of
X285,000, and to construct and equip sewer facilities, at an
estimated cost of $361,000, and to construct and equip water=
works facilities at an estimated cost of $300,000 ("improve-
meets"}, all to constitute facilities to be utilized in connec-
.•tion with a municipal river port to serve the City, and, in
connection therewith, to refund the General Obligation Refund-
ing and Improvement Bonds of the City dated July 1, 1973 (the.
"1973 Bonds"), which estimates include necessary expenses in-
cidental to the accomplishing of the improvements ar.d to the
refunding and ~ to the issuance of the bonds (hereinafter des-
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cribed}; and '
WHEREAS, the proposed improveme:~ts, described above,
can be accomplished on~.y by the issuance of General Obligation
Refunding and Ir~.provement Eonds of the City {the "Bones"), in
the total orincipai amount o` $2,254,000, under the provisions
of Amer,d~;~e~~ No_ 13 to the Co.^.st.tut~on of the State of
Ar~;a::s~ s f:~~ro~i- ~r.~ S220,OOC , 5255,0:'0 a^C a3>S,a00 ~c`1.^u~ce
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~ ~ ~ -. s... .• :•.. ~L ~.r.` l• ..J , V ~~ J' •. ~ v ~ •Fr~~~~.,_r~wn ` r t...v v...•' ~4
improvements, respectively, and 51,520,0.00 to effect the re-
funding);
NOW, THEREFORE, BE IT ORDAINED b.y the City Council
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of the City of West Memphis, Arkansas:
~~ Section 1. There is hereby called a special election
to be held in the City on the I G day of _S ~/~ % ~_~ ~'~= ~? . ,
-1979, at k~hich election there shall be submitted to the elec-
.tors of the City the question of issuing $2,250,000 in principal
amount of General Obligation Refunding and Improvement Bonds
for the purpose of providing funds which, together with other
available funds, will be sufficient for refunding all of the
outstanding 1973 Bonds and for financing the cost of the im-
provements as set forth below:
(a} 5220,000 for constructing public streets
. ~ (including the acquisition of necessary rights
of way } ;
. .. ~ . _ (b} ,$.255.,000 .for- constructing. and. equipping- .. ._. .. .
~ ~ ~ sewer facilities;
and
• (c} $255,000 for construct~.ng and equipping
watetworks facilities.
~Sect~ion 2. If Bonds for all the above purposes are
• •••~~approved;•they will be combined into one issue, to be sold and
. issued .at one time or in series from time to time as•the City
Council shall determine. The combined issue will be dated
January 1, 1980 and will bear interest at the lowest rate or
rates (not exceeding 6$ per annum) obtainable at public sale.
Int~Yest will be payable semiannually on January 1 and July 1
of each ear a d the n w'
y n ..Bo ds ill mature serially on July 1 of
each ye~.r as set forth in the following schedule (but will be
•= ' made +e~eer~abl-e, prior to maturity upon terms determined by the
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~ City Council ahd specified in the notice of public sale of the
Bonds) : •
YEAR AMOUNT YEAR AMOUNT
1981 $ 40,000.00 1995 90,000.00
1882 40,000.00 1996 95,000.00
1983 45,000.00 1997 100,000.00
1984 50,000.00 1998 - 105,000.00
1985 SO,000.OG 1999 115,000.00
1986 55,000.00 2000 120,000.00
1g87 ~ 55,000.00 2001 130,000.00
lggg 60,000.UO ~ 2002 135,000.00
1989 65,000.00 2003 145,000.00
1990 70,000.00 2004 155,000.00
1991 70,000.00 - 2005 40,000.00
1992 75,000.00 2006 40,000.00
1993 80,000.OG 2007 45,000.00
1994 85,000.00 _ 2008 45,000.00
2009 50,000.00
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At the discretion of the City Council,~the Bonds may
be sold and delivered in series as funds are needed upon such
terms and pursuant to such conditions as the City Council may
specify in the ordinance authorizing the issuance of a parti-
cular series. In that event, a maturity schedule shall be set
up for each series in such manner that, when all series are
sold and delivered, the total principal maturing each year does
riot exceed the amount set forth for such year in the above
schedule (determined in each instance before any conversion).
The various series may bear interest at different rates, the_
.City Council, in its discretion, may specify different manda-
tory and/or optional redemption terms and provisions for various
series, and the City Council may issue temporary bonds in order
to obtain interim construction funds and subsequently replace
any such temporary bonds crith permanent bonds (which may bear
interest at a~greater rate of interest}.
Section ~3. The question shall be placed on the ballot
for the election in substantially the follot~ing~form:
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Vote on each measure by placing an "X" in the square
above the measure how .you wish to vote:
~t' FOR an issue of bonds in the amount of
$220 ,000 for constructing public streets
(including the acquisition of necessary
,` ~ rights of way ) ...
AGAINST an issue of bonds in the amount -
of $220,000 for constructing public
streets (including the acquisition of
necessary rights of way) /~~
FOR an issue of bonds in the amount of
$255,000 for constructing and equipping ~~
sewer facilities / /
AGAINST an issue of bonds in the amount
of $255,000 for constructing and equipping _
sewer facilities ~_/
FOR an issue of bonds in the amount of -
4 ~ $255,000 for constructing and equipping
~ waterworks facilities /~
AGAINST an issue of bonds in the amount
- of $255,000 for constructing and equipping
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-waterworks facilities /
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- ~It is proposed to issue Bonds under the provisions of -
Amend.*nent No. 13 to the Constitution of the State of
Arkansas. The principal amounts include the estimated
costs of authorizing, selling and issuing the Bonds.-
- The principal amounts also include approximately $30,000
that may be required for constructing and equipping
.related and necessary electric facilities. The total
estimated cost of the street improvements is $285,000,
tie total estimated cost of the sewer improvements is
$361,000 and the total estimated cost of the waterworks
improvements is $300,000; and the Bonds are being issued
to finance the stated portions of these estimated costs.
If Bonds for all the above set forth purposes are approved
t~ _ . by the electors, they will be cor.Lbined into one issue
j ~ with the Bonds necessary to accomplish the refunding of
` ~ the outstanding General Obligation Refunding and Ir^~crove-
meat Bonds of the City, dated July 1, 1973 fthe "1973
.~; Bor_ds") , ~rhich combined issue of Bonds •.will be in the
:•- aggregate principal amount of $2,25,000, will be dated
( r. January 1, 1980, and will mat»Ye serially on July 1 in
each of the years 1981 to 2009, inclusive. The Bonds may
be sold and delivered in series as funds are needed upon
- such terra and pursuant to such conditions as the Citl
Council rear sn_ecify in the ordinance authorizing the
isSU~:Tice of a particular series. In that e~-ent,
a maturity schedule shall be set. up for each
series in such manner that, when all series are
sold and delivered, the total principal maturing
each year does not exceed the amount set forth for
such year in the schedule in the ordinance calling
this election (determined in each instance before
any conversion}. The various series may bear ~in-
terest at different rates, the City Council may
specify different mandatory and/or optional redemp-
tion terms and provisions-for various series, and
the City Council may issue temporary Bonds in order
to obtain interim construction funds and subsequently
replace any such temporary Bonds with permanent Bonds
which may bear interest at a greater rate of interest.
If~the issuance of the-Bonds is approved by the elec-
tors for all of the above purposes, the City Council
will lew and there will be collected a continuing
annual tax in the amount of five (S) mills on the
dollar of the assessed valuation of the real and per-
sonal property in the City (the rate now in effect
for the 1973 Bonds} which will be pledged to the pay-
ment of the principal of and interest on the Bonds.
If Bonds for fewer than all the above purposes are
approved and the City Council determines to proceed
with the issuance of Bonds for the approved purpose
Qr purposes, it will levy and there will be collected
a continuing annual tax in an amount sufficient to
insure the payment of the principal of and interest
on the Bonds that are issued.
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Se~tion 4. The election shall be held and the vote can-
vassed and the results declared under the law and in the manner
now provided for municipal elections, so far as the same is appli-
cable,~ and the Mayor is hereby authorized and directed to give
notice of the election by an advertisement published weekly once
a week~for four consecutive weeks in a newspaper published in the
-,City and having a bona fide circulation therein, tre last gubli-
cation to be not less than ten days prior to the date of the
:,.election. Only qualified voters of the City shall have the right
to vote•at the election.
Section 5. The results of the election shall be proclaimed
x "! by the Mayor, and his proclamation shall be published one time in
a newspaper published in the City and having a bona fide circula-
tion therein, which proclamation shall advise that the results as
proclaimed shall be conclusive ~snless attacked in the courts
within thirty days after the date ~f such proclamation.
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Section 6. The Mayor is authorized to advertise, accord-
~.ng to the terms of Amendment No. 13 to the Constitution of the
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State of Arkansas, the public sale of the Bonds.
Section 7. A copy of this Ordinance shall be given to
the Crittenden County Board of Election Commissioners so that
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the necessary election officials and supplies Tray be provided.
"` Section 8. All ordinances and parts of ordinances in con-
flirt herewith are hereby repealed to the extent of such conflict. '
PASSED: ~ l~ ~ ~-' , 1879 -
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APPROViD.
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Alderman Duvall made a motion seconded by Alderman Jackson
to have a five minute recess.
City Attorney Smith read read a Resolution to change the
Comprehensive Plan from RM 1.5 to B2 in an area bounded on the
south by Polk Street, north by Broadway, east by South 25th Street,
and on the west by South 14th Street.
Alderman Morris made a motion to adopt the resolution and
seconded by Alderman Duvall. Upon roll call vote, the voting was
as follows:
AYE: Alderman Horton
N0: Aldermen: Jackson, Morris, Walker, Woodell, Bentley,
Duvall and Hightower
PASSED: Alderman Ray
Alderman Angeletti was excused from voting.
The Resolution was defeated.
City Attorney Smith read the Resolution Concerning the
Sanitation Department haveing the responsibility of removing
brush, limbs and debris on the premises of our citizens and
also, on the public streets of our City.
Alderman Horton made the motion and seconded by Alderman
Jackson to adopt the Resolution. Upon roll call vote, the voting
was as follows:
AYE: Aldermen: Horton, Jackson, Morris, Ray, Walker, Woodell,
Angeletti, and Hightower
N0: Alderman DuUall
ABSTAINED: Alderman Bentley
The Resolution passed and was assigned Resolution No. 712, which
reads as follows:
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RESOLUTION N0. -~'
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WHEREAS, the City of West Memphis Sanitation Department
.has the responsibility of removing brush, limbs and debris
on the premises of our citizens; and, also, on the public
streets of our City; and,
WHEREAS, the West Memphis Utility Department does
create much brush, limbs and debris when trimming trees and
making wiring connections on the poles of our City; and,
WHEREAS, it is believed the West Memphis Utility
Department should bear some of the expense involved; and,
reimburse the Sanitation Department for the work the
Sanitation Department performs in removing brush ,-limbs and
debris created by the Utilit;~ Department;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS;
That the West Memphis Sanitation Department bill the
West Memphis Utility Department for the sum of rr^ift -D~~
y ollars
C$50.00) for~all the brush, limbs and debris crea
ted by the
Utility Department and removed by the Sanitation
Department,
for each truckload thereof.
ADOPTED this ~-- day of %,' ~ '~ ~ `
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1979.
ATTEST:
C I'
SPOiJSOREL ~ i
Roberta Jackson
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' Pritchard ~Fiorton __._._
MAYO
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The next item of business, city Attorney Smith read the
Resolution concerning the annual tax levy for Policemen's pension
and relief fund.
Alderman Ray made the motion to adopt the Resolution and
seconded by Alderman Woodell. Upon roll call vote, the voting
was as follows:
AYE: Aldermen: Horton, Jackson, Morris, Ray, Walker, Woodell,
Angeletti, Bentley, DuUall, and Hightower
N0: Aldermen: None
The Resolution passed and was assigned Resolution No. 713, which
reads as follows:
RESOLUTION N0. 7/3
ANNUAL TAX LEVY FOR POLICEMEN'S PENSION AND RELIEF FUND
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8E IT RESOLVED BY THE CITY COUNCIL OF. THE CITY OF
WEST MEMPHIS, ARKANSAS:
THAT a tax of one (1) Mill upon the dollar for
Policemen's Pension and Relief Fund be and
hereby is levied upon
all real and personal
limits of the City of
and,
THAT the City Clerk of the
is hereby directed to
the assessed value of
property within the
West Memphis, Arkansas;
City of West Memphis, Arkansas,
deliver a certified copy of
this Resolution to the Clerk of the County Court
of Crittenden County for the tax books for the
year, 1979 •
ATTGS
Ilr LEh
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MAYOR
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City Attorney Smith read the Resolution concerning annual
city tax levy: For general purposes, five (5) Mills, for debt
service, five (5) Mills; and Public City Library, One '(1) Mill.
Alderman Angelettimade the motion and seconded by Alderman
Walker to adopt the Resolution. Upon roll call vote, the voting
was as follows:
AYE: Aldermen: Horton, Jackson, Morris, Ray, Walker, Woodell,
Angeletti, Bentley, Duvall, Hightower
N0: ~-None
The Resolution passed and was assigned Resolution No. 714 which
reads as follows:
RESOLUTION N0. ~~ ~~
ANNUAL CITY TAX LEVY: FOR GENERAL PURPOSES, FIVE C5} MILLS;
FOR DEBT SERVICE, FIVE (5} MILLS; AND, PUBLIC CITY LIBRARY,
ONE (1} MILL.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WEST MEMPHIS, ARKANSAS: - .
THAT a tax of five (5) Mills upon the dollar for general
purposes;
THAT a tax of five (5) Mills upon the dollar for debt
services; and,
THAT a tax of one (1} Mill upon the dollar for the
public city library be and hereby are levied upon
the assessed value of all real and personal property
within the limits of the City of West Memphis,
~, 'Arkansas; and, •
THAT the .City Clerk of the City of West Memphis, Arkansas,
is hereby directed to deliver a certified .copy of
this Resolution to the Clerk of the County Court of
Crittenden County, Arkansas, for the tax books for
the year, 1979•
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MAYOR
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The City Attorney read the Resolution concerning Annual Tax
Levy for Firemen's Relief and Pension Fund.
Alderman Angeletti made the motion and seconded by Alderman
Morris to adopt the Resolution. Upon roll call vote, the voting
was as follows:
AYE: Aldermen: Horton, Jackson, Morris, Ray, Walker, Woodell,
- Angeletti, Bentley, Duvall, and Hightower
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N0: None
The Resolution passed and was assigned Resolution No. 715, which
reads as follows:
RESOLUTION N0. ~ ~4'
LERK
ANNUAL TAX LEVY FOR FIREMEN'S RELIEF AND PENSION FUND
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
WEST MEMPHIS, ARKANSAS:
THAT a tax of one (1) Mill upon the dollar for Firemen's
Relief and Pension Fund be and hereby is levied
upon the assessed value of all real and personal
property within the limit's of the City of
West Memphis, Arkansas; and,
- THAT the City Clerk of the City of West Memphis, Arkansas,
is hereby directed to deliver a certified copy of
this Resolution to the Clerk of the County•Court of
Crittenden County, Arkansas, for the tax books for
the year, 1979.
MAYOR
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ATTEST:
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CITY C
DATE:
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The City Attorney read the Resolution to acquire lands
for a Vo-tech School in Crittenden County.
Alderman Ray made the motion to adept the Resolution and
seconded by Alderman Duvall. Upon roll call vote, the voting
is as follows:
AYE: Aldermen: Horton, Jackson, Morris, Ray, Walker, Woodell,
Angeletti, Bentley, Duvall, and Hightower
N0: ~Jone
The Resolution passed and was assigned Resolution No. 716, which
reads as follows:
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RESOLUTION NO.
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WHEREAS, the City of West Memphis, Arkansas, and the
County of Crittenden, have formed together to acquire lands
for a Vo-Tech School in Crittenden County, and,
WHEREAS, the -total sum for the Purchase of the land
is $257,760.00, at the time of delivery of the Deed, and the
County is to pay $130,260.00 on January 10, 1980, and,
WHEREAS,~it is necessary that the City Council of the
City~of West Memphis approve this Contract and authorize the
Mayor to execute this Contract on behalf of the City;
THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF~THE
CITY OF WEST MEMPHIS, ARKANSAS:
1. That the Mayor of the City of West Memphis be
authorized to sign a Contract of Sale to pay to the Sellers,
James C. Rainer, III, Gwyn Rainer Foote, and Nell Rainer Levy,.
the sum of $127,260.00 on the delivery of the Deed to the
City of West Memphis on the following described lands located
in Crittenden County, Arkansas:
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t part of the E 1/2 NE 1/~1 of Section 15, Township
orth, Range 8 East, being rnore particularly described
as follows: Commencing at the northeast corner of said
Section 15, run thence south 00 degrees 16 minutes 30
seconds east along the east line of Section 15 a distance
of 60 feet to the point of beginning, said point being
on the south right of way line of U.S. Highway 70, thence
west along the south right of way line of U. S. Highway
70 a distance of 1000 feet thence south 00 degrees 16
minutes 30 seconds east a distance of 112.76 feet,
thence east a distance of 1000 feet to its intersection
with the east line of said Section 15, thence north 00
degrees 1a minutes 30 seconds west a distance of 1~t12.76
feet to the point of beginning, containing 32.u3 acres,
more or less.
179.
PASSED AP1D APPROVED this ~/ - day of ~ - .~ ,r
ATTEST:
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CITY ~~ RK~~~! /~
MAYOF~ . O
s
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City Attorney Smith read for the first time the
Ordinance to Amend Section 8.2 of Ordinance No. 715 of West
Memphis.
Alderman Bentley made a motion and seconded by Alderman Morris
to adopt the Ordinance on the first reading. Upon roll call vote,
the voting was as follows:
AYE: Aldermen: Horton, Jackson, Morris, Ray, WAlker, Woodell,
Angeletti, Bentley, Duvall, and Hightower
N0: None
The Ordinance passed on the first reading.
City Attorney S~~ith read the Ordinance on Pursuant to the
Authority Granted by the Legislature of the State of Arkansas,
and Act No. 910, of the Acts of the State 1979 General Assembly
of the State of Arkac~sas, Creating a Port Authority i`or the
City of West Memphis.
Alderman Ray made a motion and seconded by Alderman Morris
to adopt the Ordinance on the first reading. Upon roll call vote,
the voting was as follows:
AYE: Aldermen: Horton, Jackson, Morris, Ray, Walker, Woodell,
Angeletti, Bentley, Duvall, and Hightower.
N0: None
The Ordinance passed on the first reading.
Mayor Ferguson instructed City Attorney Smith to request
from the County Election Commission the date of September 18, 1979
for election day.
The following Committee Reports were presented to the
Council:
Budget Committee - A motion was made by Alderman Morris
and seconded by Alderman Horton to amend the budget $50.00 to
allow membership and subscriptions for the finance director.
Upon voice vote of the council, the voting was unanimous.
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Alderman Morris made a motion arnd seconded by Alderman
Ray to amend the budget to increase the Crittenden drug enforce-
;
ment about $]2,000.00 to keep this account active. Upon voice
vote, the voting was unanimous.
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Alderman Horton reported to the Council by stating
that something needs to be done about the railroad safety bars
blocking: traffic on Avalon.
This matter was discussed in length by the Council and it
was decided t~aat Mr. Horton would discuss this with persons in
charge of the maintenance of the safety bars. and also a represen-
t
tative from the Rock Island Railroad will appear in Council and
discuss this matter.
Mayor Ferguson announced that the Sub-committee that has
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been appointed will report at the Recessed Council meeting on
August 9, 1979 at 3:30 P.M..
The following announcements were made: Mayor Ferguson
announced that Senator Pryor would be here Wednesday, August 15, 1979
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in the Council Chambers of City Hall for a Senate Hearing on
Argicultaral Energy Needs. The Hearing will start at 9:30 A.M.
and everyone is invited.
A motion was made by Alderman Duvall that the meeting be
recessed until August 9, 1979 at 3:30 P.M. and seconded by
Alderman Horton.
The Meeting adjourned at 3:55 P.M.
PASSED AND APPROVED this y~ ~~~ day of ,
1979.
ATTEST