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August 16, 1979_.,.-~- t MINUTES WEST MEMPHIS CITY COUNCIL AUGUST 16, 1979 /~ regular meeting of the West Memphis City Council was held August 16, 1979 at 1:30 P.M. in West Memphis, Arkansas in the Council Chambers of City Hall. The meeting was called to order by Mayor Joyce T. Ferguson. The following persons were present: Mayor Joyce T. Ferguson City Attorney Robert Smith Aldermen: Doug Morris R. H. Ray Gary Walker Lloyd J. Woodell Leon Duvall James Hightower Pritchard Horton Roberta Jackson Absent from the meeting were Alderman Angeletti and Alderman Bentley. Prayer was. offered by Rev. Jerry Meeks. Mayor Ferguson announced that the bids for the Housing Rehabilitation on the Small Cities Program will be accepted. The bi d was opened and read by the City Attorney, Robert Smith, which reads as follows: Jessie Bool~er Construction Company Post Office Box 67 Earle, Arkansas 72331 $ 16,000.00 There were no other bids submitted on this project and Alderman Jackson made a motion seconded by Alderman Horton to turn this bid over to the Community Development Director, the Architect for the CD Program, and the City Attorney for awarding of the bid. Upon roll call vote, the voting was as follows: AYE: Aldermen: Morris, Ray, Walker, Woodell, Duvall, Hightower, Horton, and Jackson NO: Pone ABSENT: Alderman Bentley and Alderman Angeletti Mr. Bobby Randolph, 1902 Van 'Buren, West Memphis, made a request to the City council to open a first rate Club on 401 N. 7th Street. Mayor Ferguson referred Mr. Randolph to meet with the Planning Commission on the last Wednesday of the month at 3:30 P.M., in the Council Chambers. The next item of business to be discussed, the City Attorney read the second time the Ordinance to Amend Section 8.2 of Ordinance No. 715 of West Memphis. Alderman Jackson made the motion and seconded by Alderman Duvall to adopt the Ordinance.. Upon roll call vote, the voti rig i s as fol 1 ows : AYE: Aldermen: Morris, Ray, Walker, Woodell, Duvall, Hightower, Horton, and Jackson N0: None The Ordinance passed on the second reading. City Attorney Robert Smith read for the second time the Ordinance Pursuant to the Authority granted by the Legislature of the State of Arkansas, and Act No. 910, of the Acts of the 1979 General Assembly of the State of Arkansas Creating a Port Authority for the City of West Memphis. Alderman Ray made the motion and seconded by Alderman Morris to adopt the Ordinance on the second reading. Upon roll call vote, the voting was as follows: AYE: Aldermen: Morris, Ray, Walker, Woodell, Duvall, Hightower, Horton, and Jackson. N0: None The Ordinance passed on the second reading. Mayor Ferguson announced that the next order of Business was to .approve or correct the minutes of July 5, July 19, August 2, August 9, 1979.. Alderman Ray made the motion and seconded by Alderman Horton to delay approving the minutes until the next council meeting. Upon voice vote, the voting was unanimous. City Attorney Smith read the third reading of the Ordinance concerning fire calls outside the city limits. Alderman Walker made the motion seconded byAlderman Woodell to adopt the Ordinance. Upon roll call vote, the voting was as follows: AYE: Aldermen: Morris, Ray, Walker, Woodell, Duvall, Hightower, Horton, and Jackson N0: None The Ordinance passed and was assigned Ordinance No. 974, A copy of the Ordinance follows: _. __ __ r ORDINANCE NO. WHEREAS, the City of West Memphis, Arkansas, has for a number of years answered fire calls outside the City Limits; and , • WHEREAS, there is a charge of $150.00 to compensate the City of West Memphis for the fire calls; and, WHEREAS, there is nothing in writing that states where this money should go when it is paid to the City of West Memphis; and, WHEREAS, it is believed advisable to place this money collected for out-of-town fire calls in the Firemen's Pension Fund; THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST~MEMPHIS, ARKANSAS: 1. That all moneys received for answering out-of-town fire calls by the West Memphis Fire Department should be placed in the Firemen's Pension Fund. . f _ PASSED AND APPROVED this day of 1 j L ~ ` c.'~ % , 1979. . -~ --~. { ,~ ~, -~. • MAYOR ' SPONSO ED BY: 4 The City Attorney read the Ordinance calling for a special election to vote on the Question of Issuing Bonds Under Amendment 13 on the Emergency. Alderman Duvall made a motion and seconded by Alderman Hightower to suspend the rules requiring the reading of the Ordinance on three different days. Upon roll call vote, the voting was as follows: AYE: Aldermen: Morris, Ray, Walker, Woodell, Duvall, Hightower, Horton, and Jackson N0: None The Ordinance passed on the first reading. City Attorney Robert Smith read the Ordinance calling for a special election to vote on the Question of Issuing Bonds Under Amendment 13 for the Second Reading. ~: Alderman Jackson made a motion and seconded by Alderman Horton to further suspend the rules. Upon roll call vote, the voting was as follows: AYE: Aldermen: Morris, Ray, Walker, Woodell, Duvall, Hightower, Horton, and Jackson N0: None The Ordinance passed on the Second Reading. City Attorney Robert Smith read the Ordinance calling for a special election of vote on the Question of Issuing Bonds Under Amendment 13 for the Third Reading. Alderman Ray made the motionto adopt the Ordinance and seconded by Alderman Morris. Upon roll call vote, the voting was as follows: AYE: Aldermen: Morris, Ray, Walker, Woodell, Duvall, Hightower, Horton, and Jackson N0: None The Ordinance passed on the third reading. Alderman.Wall~er_made~a motion to expunge the record because the ordinance needed to be amended before voting and seconded by Alderman Woodell. Upon voice vote of the council, the voting was unanimous. The Amendment to the Ordinance was on page 4, sixth line from the bottom of thepage to be changed from January 1, 1980 to read July 1, 1979. Alderman Ray made a motion and seconded by Alderman Duvall to adopt the amendment. Upon roll call vote, the voting was ~~ as follows: AYE: Aldermen: Morris, Ray, Walker, Woodell, Duvall, Hightower, Horton, and Jackson N0: None - The Amendment passed. City Attorney Smith read the ordinance for the first time, calling for a special election to vote on the question of issuing bonds under ~mendmen~ 13. Alderman Duvall made a motion seconded by Alderman Hightower to suspend the rules. requiring the ordinance to be read on three different days and adopt the ordinance as amended. Upon roll call vote, the voting was as follows: AYE: Aldermen: Morris, Ray, dJalker, Woodell, Duvall, Hightower, Horton, and Jackson N0: None The Ordinance passed on the first reading. The City Attorney read the ordinance for the second time calling for a special election to vote on the Question of issuing bonds under Amendment 13. A motion was made by Alderman Jackson and seconded by Alderman Horton with the rules being further suspended. Upon roll call vote, the voting was as follows: AYE: Aldermen: Morris, Ray, Walker, Woodel 1, Duvall, Hightower Horton, and Jackson N0: None The Ordinance passed on the second reading. The City Attorney read the Ordinance for the third and final time calling for a special election to vote on the Question of issuing bonds under Amendment 13. A motion was made by Alderman Ray and seconded by Alderman Morris to adopt the Ordinance on the third reading. Upon roll call vote, the voting was as follows: AYE: Aldermen: Morris, Ray, Walker, Woodell, Duvall, Hightower, Horton, and Jackson N0; None The Ordinance passed on the third reading. ~ Aldermen Walker made a mot ion and seconded by Alderman Woodell to adopt the Emergency Clause, Sectionl0. Upon roll call vote, the voting was as follows: AYE: Aldermen: Morris, Ray, Walker, Woodell, Duvall, Hightower, Horton, and Jackson NO:: None The Ordinance passed on the emergency and was assigned Ordinance No. 975, which reads as follows: ~Ir. 1 ORDINF~NCE NO. AN ORDINANCE CALLING A SPECIAL ELECTION ''~ ' TO VOTE ON THE QUESTION OF ISSUItiG BONDS UNDER AMENDMENT NO. 13 TO THE CONSTITUTION OF THE STATE OF ARKANSAS FOR THE PURPOSE 1G BONDS OF THE OF REFUNDII`ZG TFiE OUTSTANDIi ~. CITY'S GE2IERAL OBLIGATI0;1 ISSUE, DATED JULY 1, 19?3, AND FOR THE PURPOSE OF PROVIDING FUNDS FOR CONSTRUCTING PUBLIC STREETS (INCT~UDING THE ACQUISITION OF NECESSARY RIGHTS OF WAY A'~ID THE ACCOi~'IPLISHt•1ENT OF NECESSARY DR.AIt1AGE WORK) AND FOR CONSTRUCTING AND EQUIPPING SEWER FACILITIES ~ PRESCRIBING OTHER MATTERS RELATING THERETO AND DECLARING AN EMERGENCY. WHEREAS, the City of 'Nest 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 City to construct public streets (including the acquisition of necessary rights of way and the accomplishment of necessary drainage w®rk) at an estimated cost to the City of $285,000, and to construct end equip sewer facilities, at an estimated cost of $361, 000, and 0 4onstruct and equip waterworks facilities at an estimated cost of $300,000 ("improvements") and, in the~General Obligation Refunding and dated July 1, 1973 (the "1973 Bonds" necessary expenses incidental to the ~~ and to the refunding and to the issu~ connection therewith, to refund t Improvement Bonds of the City y, which estimates include accomplishing of the improvements ance of the bonds (hereinafter described) ; and WHEREAS,. the proposed improvements, described above, can !be accomplished only by the issuance of General Obligation Refunding and Improvement Bonds of the City (the "Bonds"), in ~~:he total principal amount o:` $2,250,000, under the provisions f Amendment No. 13 to the Constitution of the State of Arkansas (providing $220,000, $255,000 and $255,J00 to finance the''street improvements, the sewer improvements and the water improvements, respectively, and $1,20,000 to effect the re- funding); NOt~T, THEREFORE, BE IT ORDAINED by the City Council '' of the City of West Memphis, Arkansas: i~ Section 1. There is hereby called a special election ,,, to be held in the City on the ~ $ day of _ September 1979, at which 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- irlprovements as set forth below. (a) $220,000 for constructing public streets (,including the acquisition of necessary rights of way and the accomplishment of necessary drainage work}; (b} $255,OOO~for constructing and equipping 1 sewer facilities; and (c} $255,000 for constructing and equipping waterworks facilities. . Section 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 knot exceeding 6~ per annum) obtainable at public sale. Interest will be i of each year and .a each year as set made redeemable City Council and Bonds } : payable semiannually on January 1 and July 1 the Bonds will mature serially on July 1 of~ forth in the following schedule (but will be prior to maturity upon terms determined by the specified in the notice of public sale of the YEAR AI` p_ yEA,R AMOUNT 1981 $ 40,000.00 1995 - 90,400.00 1982 40,000.00 1996 ~ 95,000.00 1983 ~ 45,000.00 1997 100,000.00 1984 50,000.00 1998 105,000.00 1985 50,000.00 1999 115,000.00 1986 55,000.00 2000 120,000.00 1987 55,000.00 2001 130,000.00 ..1988 60,000.00 2002 135,000.00 ;1989 65,000.00 2003 145,000.00 1990 70,000.00 200 4 155,000.00 -1991 70,000.00 2005 40,000,00 '!.1992 75,000.00 2006 40,000.00 ...1993 80,000.00 2007 45,000.00 1994 85,000.00 _ 2008 45,000.00 2009 50,000.00 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 ma Y .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 th e total principal maturing each year does not 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 th e pity Council, in its discretion, may specify different manda- tory and/or o~'tional. redemption terms and provisions for various series, and the City Council may issue temporar bonds in ord Y er to obtain interim construction funds and subse uentl re 1 q y p ace akny such temporary bonds with permanent bonds (which ma bear Y interest at a greater rate_ o.f interest) . • Section 3. The question shall be placed on the ballot for the election in substantially the follocrin form: g- Vote on each measure by placing an "X" in the square above the measure how you wish to vote: . FOR an issue of bonds in the amount of $220,000 for constructing public streets ;iro +_>>.3i.~icr tnE~ acquisition of necessary rights of way and the accomplishment of ""` necessary drainage wor ). _____._ AGAINST an issue of bonds in the amount of $220,000 for constructing public streets (including the acquisition of necessary rights of way and the accomplishment of necessary drainage work). ~'--~ FOR an issue of bonds in the amount of $255,000 for constructing and equipping ~~- sewer facilities /--7 AGAINST an issue of bonds in the amount of $255,000 for constructing and equipping sewer facilities . . L~/ FOR an issue of bonds in the amount of $255,000 for constructing and equipping waterworks facilities ~~7 AGAINST an issue of bonds in the amount of $255,000 for constructing and equipping waterworks f acilities .•• . .~ ,~ ~~rr It is proposed to issue Bonds under the provisions of Amendment 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, the 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 by the electors, they will be combined into one issue with the Bonds necessar to accom lish the refundin of Y P g ,,,; the outstanding General Obligation Refunding and Improve- ment Bonds of the City, dated July 1, 1973 (the "1973 Bonds"), which combined issue of Bonds will be in the ag `eg to principal amount of $2,250,000, will be dated 1, 19~E~', anc~ 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 terms and pursuant to such conditions as the City Council may specify in the ordinance authorizing the issua:.ce of a particular series. In that event, 'w. 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 levy and there will be collected a continuing annual tax in the amount of five (5) 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 or 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. Section 4. The election shall be held and the vote can- a 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, the last publi- . ;cation to be not less than ''election. only qualified ~~!to vote • at the election. ten days prior to the date of the voters of the City shall have the right Section 5. The results of the election shall be proclaimed 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 unless attacked in the courts within thirty days after the date of such proclamation. Section 6. The Mayor is authorized to advertise, accord- ing to the terms of Amendment No. 13 to the Constitution of the 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 the necessary election officials and supplies may be provided. Section 8. All ordinances and parts of ordinances in con- lict herewith are he~~. -.:r=.:~-~~ +-o Ll~e~ extent of such conflict. f Section 9. Ordinance No.973 of the City, adopted and approved August 2 1979 , is hereby repealed. It is the intention of the City Council by the adoption of this Ordinance to ensure that the street improvements proposed are not restricted ~o those to be utilized in connection with a municipal river port. the intention of the City Council that the proposed waterworks improvements and sewer improvements be utilized in connection with 8 municipal river. port. Section 10. It is hereby ascertained and declared that ice,. there is an immediate and urgent need for the improvements des- cribed herein in order that the City may have river port facilities ?which are essential to the continued gY~owth and development of the City, and that these improvements can be accomplished only by ~~ the issuance of the Bonds. It is, therefore, declared that an em- ergency exists and this Ordinance, being necessary for the immediate ('preservation of the public peace, health and safety, shall be in 'iforce and take effect immediately from and after its passage. ~~ /, PASSED: ` C' C r , 1979. err I-TTF~T APPROVED: .~ r ~~ ~ ~ L ~~ or SEAL) Alderman Duvall made a motic-n~~nd seconded by Alderman Horton to waive the rules and add a Resolution calling for a special election on the referendum to the agenda. Upon roll cal l v©te, the voting was as follows: AYE: Aldermen: Morris, Ray, Walker, Woodell, and Duvall No: Alderman Hightower The Resolution was not added to the agenda because there was not ;, a unanimous vote. Mayor Ferguson requested permission from the Council to sign a letter of intent from the Arkansas Highway and Transportation Department to apply for State Aid in Street Funds. Alderman Ray made a motion and seconded by Alderman ~V1orris to grant the Mayor permission to sign the letter of intent. Upon roll call vote,the voting was as follows: AYE: ALDERMEP~: f~lorris, Ray, UJalker, Woodell , Duvall , Hightower, Norton, and Jackson N0: done Committee Reports Budget Committee: Alderman ~~torris made a motion and seconded ~, ~ by Alderman DuVali that one mosquito spray be approved by the Council ~~`'~`'" with the option to have a second spray, if needed. Upon voice vote, '! the .voting eras unanimous. Announcements h1ayor Ferguson announced that the Port has been approved by EDA and is giving over 3 million dollars in grant funds to the City of West P~lemphis. Alderman Woodell made a motion for the ~~layor to write a letter to the Quorum Court members thanking them for inviting the City Council members to the Quorum Court Meeting. Alderman Norton made a motion and seconded by Alderman f~1orris that the $50.00 that was paid to the Civic Center by the Red Cross i Disaster Unit for a fish fry be refunded. This is due to the fact that they are a non-profit organization. Upon voice vote, voting unanimous. The Meeting adjourned at 2:25 P.M. PASSED AfdD APPROVED thi s ~~ day of -~~ , 1979.