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September 6, 1979
1 MINUTES WEST MEMPHIS CITY COUNCIL SEPTEMBER 6, 199 A regular meeting of the West Memphis City Council was held on September 6, 199 at 1:,30 in West Memphis, Arkansas, at City Ha11 in the Counc i 1 Chambers. Mayor Joyce T. Ferguson call ed the meeting to order. The fo11 owing persons were present: Mayor Joyce T. Ferguson City Attorney Robert Smith AI de rmen: R. H. Ra y Gary Wal ke r Lloyd J. Woodell Vince Angeletti Robert Bentley Lean Duvall James Hightower Pri tchard Horton Roberta Jackson Doug Morris Pracyer wrzs offered by Rev. Hurst and Rev. Dickerson. Mayor Ferguson announced the first item of busin~sss on the agenda, the hid opening on North Center Street. The City Attorney, Robert Smith, opened the bid. Al de rman Horton made the motion seconded b y Alderman Angel e t t i t o turn the bids over to the Pub1 is Works Committee. Mayor Ferguson introduced Mr. Bi11 Mulhollen from the Arkansas State Highway and Transportation Department. Mr. Mu1 ho11 en told the Counc i 1 of the plan for the resurfacing of Broadway from Pearce St ree t to 14th Street, the additivn of turning Lanes, and to stripe for angular parking. Alderman Bentley made the motion seconded by Alderman Woodell to authvriae the Mayor the right to grant temporary construction easement to the Highway Deaartment for the work on Broadway. Upon roll cal i vote, the voting was as f o11 ows: AYE: Aldermen: Walker, Woodell, Angeletti, Bentley, Hightower, Horton, and Morris. N0: AI a~~rman Ra y ABSTAIN: Aldermen: Duvall and Jackson -Drs C. ~-fit', -~'or~rels appeared before the City Council and asked ,for a variance on his dri ve~acy on 5"00 ~osevel t. Alderman Bentley made the motion seconded b y Al de rmean Jackson t o refer the variance on the drive way at 500 Rosevel t to the Street Committee. After further discussion, Alderman Bentley amended his motion, seconded by Al Berman IkcYall, to grant the Pub1 i c Tdarks Committee the authority to make this variance. Upon.~~aac~a~. vote, the vote was unanimous. The f i rs t i tem under o1 d business uas the third reading of the Ordinance to amend Section 8.2 of Ordinance No. 7l5 of West Memphis. City At torney Smith read the Ordinance. Alderman Ray made the motion seconded by Alderman .Tackson to accept the Ordinance. Upon roll call vote, the voting u~as as fo11 ores: AYE: Aldermen: Ray, walker, Woodell, Angeletti, Bentley, DrcYall, Hightoroer, .Morton, Tackson, and 1lorris. ND: None The Ordinance passed on the third reading ~~4cnd ryas assigned Ordinance ND. 976, tnh i ch reads as f o11 ores: ORDINANCE N0. C~ ~ V AN ORDINANCE TO AMEND SECTION 8.2 OF ORDINANCE N0. 715 OF WEST MEMPHIS, ARKANSAS, AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION 1. Section 8.2, Permitted Uses, of Ordinance No. 715 of the City of West Memphis, Arkansas, is hereby amended by deleting Truck Terminals and Depots as a Permitted Use in the. B-2 Zone, as found on page 48 of the Zoning Code. SECTION 2. That all ordinances or parts of ordinances in conflict herewith are hereby repealed. PASSED AND APPROVED this Ly day of S~/?J` ~./~~ ~t-r 1979 . ~ ~ . OR ATTEST • ,~ .w r CITY L ~`'` SPONSORED BY: ~q The next item ryas the third reading of the Ordinance pursuant to the authority granted by the Legislature of the State of Arkansas, and Act No. 910, of the ActsTvf the 1979 General Assmebl y of the State of Arkansas, Great ing a Port Authori ty for the City of West Memphis. The City Attorney read the Ordinance. Alderman Morris made the motion seconded by Alderman I)uiTa11 to adopt the Ordinance on the third reading. Upon roll call vote, the voting ryas as fo11 ores: AYE: Aldermen: Ray, talker, Woodell, Angeletti, Bentley, DuT~all, Hightower, Horton, Jackson, Morris. N0: None The Ordinance passed on the third reading and axis assigned Ordinance No. 97~, which reads as f of 1 ows: L ~ C) /~ ~ ~ AN ORDINANCE PURSUANT TO THE AUTHORITY GRANTED BY THE LEGISLATURE OF THE STATE OF ARKANSAS, AND ACT N0. 910, OF THE ACTS OF THE 1979 GENERAL ASSEMBLY OF THE STATE OF ARKANSAS, CREATING A PORT AUTHORITY FOR THE CITY OF WEST MEMPHIS, ARKANSAS, AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION 1. Ordinance No. 592, dated February 6, 1969, is hereby repealed. SECTION 2. There is hereby created under the provisions of Act 910 of 1979, of the Acts of Arkansas, a West Memphis Port Authority, which shall have the power and authority as specifically granted hereunto by Act 910 of 1979, of the Arkansas General Assembly meeting in regular session. SECTION 3. The West Memphis Port Authority shall be governed by a Board of five C5) members, one (1) of whom shall be the Mayor of the City of West Memphis, and who shall be Chairman of the Board. The members shall be appointed by the Mayor and shall be qualified electors residing in the City of West Memphis, Arkansas, or within the County of Crittenden, Arkansas. SECTION ~. The members of the Board shall be appointed for a period of one (1), two (2), three C3), four (4), and five C5) years, respectively, so that. the term of one (1} member shall expire each year. SECTION_5. Upon the termination of the office of each member, his successor shall be appointed for a term of five (5) years and shall serve until his successor shall have been appointed and qualified. In the event. of a vacancy, however caused, the successor shall be appointed by the Mayor for the unexpired term. SECTION 6. The Board shall elect one (1) of their members as Vice Chairman, and shall elect a Secretary and a Treasurer who need not necessarily be members of the Board. ~~ i SECTION 7. The Board shall meet upon the call of its Chairman and a majority of all of its members shall constitute a quorum to transact business. SECTION 8. The members of the Port Authority shall receive such compensation for their services as shall be determined and prescribed by this Ordinance. PASSED AND APPROVED this ~ day of ~ ~"Id'1`~:. ~ ~ ~~ 1979. MAYOR ~.. lJ SPONSORED BY: The f t rst i tem under Ne'w Business was a Reso1 ut i an on the Act 9 Bond- Arkansas Distributive Company. The City Attorney read the Resolution. Alderman Ray made the motion seconded by Alderman Horton, to adopt the Resolution. Upon roll call vote, the vot inq was as f ol1 n~vs: AYE: Aldermen: Ray, Walker, Woodell, Bentley, Hightower, Horton, and Jackson. ABSTAIN: Aldermen: Angel e t t i , DuYal1, and lwlo rr i s The Reso1 ut i on passed, Resolution No. 717. The Reso1 ut i on reac#~ as Poll ows: ~~ RESOLUTION NO. ~^ LUTIdN OF TF]E CITY 00[~ICIL OF THE QTy pF 4~ST 1~HIS ACTPHORIZING THE ENTRY INII~ AN AGREEI~[7T TO ISSUE BONDS FOR Tf~ PURP06E OF SECUR4IG AND DEVIIAPING II~DUS1ftY WITFIIl~7 OR NEF1R THE CI'17C ''; HAAS, the City of West Memphis, Arkansas, is authorized under the provisions `~ of Act No. 9 of the Special. Session of the General Assembly of the State of Arkansas for the year 1960, as mended ("A+ct 9"), to issue bonds to assist in the securing and developing of industry; and WI-~RE.AS, Arkansas Distributing Ca~any and its predecessor proprietorship have done business in the City of West Memphis for _ years providing employment for residents in or near the City of West Memphis, as well as generating valuable tax revenues for the City of West Memphis; and W~]FRE'',AS Arkansas Distributin C~any has requested that the City of West g Memphis provide such teen financing, through the issuance of bonds under the authority of said Act, to enable Arkansas Distributing Ocempany to do business in the City; and Wf~RF.AS, the City of West Memphis desires to assist Arkansas Distributing Oampany to secure its operations in the City of West Metq~his, and to aid in the financing thereof under the provisions of said Act 9; and H~REAS, it is desirable that the City of West Me~his enter into an Agree- meet to Issue Bonds for such purpose; NC~W, THEREFORE, BE IT RESOLVED BY Tf~ CITY OOLAVCIL OF THE CITY OF WEST iIS, ARKANSAS, that: 1. The Mayor and the City Clerk of the City of West Memphis, Arkansas, be authorized to enter into an Agreement to Issue Bonds in substantially the form and substance as follows: ~:3 To IssuE BaNDs THIS AGRE~IT is made as of September , 1979 , by and an~lg the City of West Memphis, Arkansas, a municipal corporation under the laws of the State of Arkansas (herein called "City"), and Arkansas Distributing many, an Arkansas vorporation (herein, together with any successor or assignee to its rights and duties hereunder, c~l.led "C~any"), for the purpose of carrying out the pur- poses set forth in Act No. 9 of the Special Session of the General Assembly of the State of Arkansas for the year 1960, as amended (herein, together with any subsequent laws authorizing the issuance of the revenue bonds of the City for the purpo~ described herein, called the 'pct") . W I T N E S S E T H: TniHEFtEAS, the City is authorized by the Act to own, acquire, construct, equip, operate, maintain, sell, lease or contract concerning or otherwise deal in or dispose of any land, buildings, or facilities of any and every nature whatever that can be used in securing or developing industry within or nP.ar the City; and WHERE~~S, the City has determined that such purposes may be served by coopera- tion with the Ccxmpany for the acquisition, constructic~ and equipping of an industrial facility within the City for use as a warehouse and related facilities, and for other industrial and c~scial purposes of the Ca~any as may be profit- able to it (such industrial facilities are herein called the "Project"); and WHERF..AS, the City and the Company desire to cooperate in the acquisition, construction and equipping of the Project and to have the costs of the Project financed from the proceeds of revenue bonds of the City (herein called the "Bonds") to be issued pursuant to the Act in an aggregate principal amount now estimated not to exceed $800,000 (excluding any bonds issued to refund the Bca~ds); and Tn~,.RF~AS, the City and the Company cont~late that the Project will be leased to the Company, with an option to purchase, and the rental payments therefor to- gether with other nnneys available shall be sufficient to pay debt service an the Bonds and all related costs; NC7W, T~FORE, in consideration of the premises and other good and valuable consideration under the mutual benefits, covenants and agreenexlts herein expressed, the City and the Con~any agree as follows: 1. Proceedings. All proceedings in connection with the issuance of the bonds shall be consistent with the requirements of Act 9, including notice to all state agencies, and the publication of notice as required by Act No. 1239 of the Extended Session of the General Assembly for the State of Arkansas for the year 1976. All references contained herein to the issuance of the Bonds shall be sub- ject to cat~liance with the formalities of said Act 1239 when the facts required to do so are determined. 2. Construction. The City and the Company will cooperate in causing to be vo~menoed and ccaztl.nued the required acquisition, construction, reconstruction, extension, equipping and improvement of the Project, and the Ccnrq~any may provide, or cause to be provided, the necessary interim financing to permit such work on the Project to cce~mence and continue expeditiously pending the is.~uance of interim and/or permanent bonds. Not later than the time of issuance of the Bonds for. any portion of the Project, the CatTpany will convey and transfer or cause to be con- veyed and transferred to the City, for an amount approximately equal to that then extended by the Company for the Project or portions thereof which are financed by the Bonds then issued (including at the Ccxr~any's option any costs of interim financing), the Project or portions thereof to be then financed. There shall also be conveyed to the '~..ity any easements and rights-of way necessary to permit acquisi- tion, construction, equipping, operation and maintenance of the Project or such Pcv'ticn • l 3. Lease. The City shall enter into a lease, or leases, under which the ~~~Y ~1T 1 ase, with an option to purchase, from the City, such Project or portions thereof and will agree to make rental payments sufficient to pay the principal of, pregnium, if any, and interest on the Bonds, together with all chan?es of any Trustee and/or any Paying Agent for the Bonds. 4. Sale of Bonds, Security. The City wi11 take such steps as are neces- sary to issue, sell and deliver ,pursuant to the teams of the Act, the ponds for the purposes of financing the costs of the Project, in each case only upon receipt of the written designation by the Ca~any of the purchaser (s) or under- writer(s) thereof, such Bonds to be in such principal amount, to mature in such amount and times, to bear interest at such rate or rates and to be payable on such datES and to have such optional and mandatory redemption features and prices as are determined by the City and approved in writing by the Company. The City further agrees that it will enter into the Lease, and if required, an indenture of trust with a b~-uzk or trust cc~any, qualified to exercise trust powers where necessary, for the purpose of providing rental amounts available frcm the Company or directly or indirectlylfro tthe rooceeds the Bonds, to pay the rinci al of P of P P pre~u.um if any, and interest on the Bonds as they become due together with the charges of any Trustee and/or any Paying Agent for the Bonds, and pledging and/or otherwise securing the payment of such rental payments for the benefit of the holder(s) of the Bonds. The lease, the indenture, and other related docimients, and the Bonds shall contain such terms and conditions as are agreed upon by the City and the Cca~any, The Cit will coo mating the transaction so con Y Aerate in consum- ten~lated and in attempting to realize the desire of the parties hereto that the interest on all Bonds be exempt from Federal incarte taxation. 5. Bonds to be Special Obligations. The City shall have no financial responsibility with respect to the Project, the Bonds or the costs associated with either, and the bonds shall be special obligations of the City and shall never con- stitute ageneral obligation, indebtedness or pledge of the credit of the City within the meaning of any constitution or statutory provision and shall never be Paid in whole or in part out of any funds raised or to be raised by taxation or any other revenues or other funds of the City except those (includin un g expended Bond proceeds) derived frt~m or in oor~nection with the sale or lease of the Project as provided for herein. 6. Conditions of Issuance. The Bonds may be issued either at one time or in several series and/or issues from time to t,i,me, in sum aggrega.~ principal amount or annunts as the Ccxt~any shall request in writing; provided, however, that all conditions of the Act shall have .been met. It is further agreed that the proceeds of the Bonds shall not be invested so as to constitute any of the Bonds as arbitrage bonds within the meaning of Section 103 (c) of the Internal Revenue Code of 1954, as amended, and applicable regu latians promulgated pursuant thereto. 7. Costs to be Financed. Tae costs of the Project may include any costs permissible under the Act, including but not limited to reasonable and necessary costs, expenses and fees incurred by the City in connection with the issuance of the Bonds or in connection with the Project, such. as out-of-pocket expenses incurred by any employee of the City; fees and out-of-docket expenses of counsel for the City, bond counsel, and any trustee; fees and expenses, if any, required in connection w~.th the underwriting or plant of the Bonds; recording costs; rating agency's an daata oP~ ~ costs. The City will upon request provide or cause to be provided Y ormati.on which may be reasonably required to verify any of the costs, expenses and fees enumerated above. 8. Termination. In the event that the Bonds shall not be sold within three Years from the date hereof , this A~'eement shall aut-:c~natically ternunate unless the parties hereto shall agree in writing to its extension fora further period of time specified in such writing. The many may unilaterally terminate this Agreement without liability to the City (except for any amounts due and awing by the Con~aan t4 the City arising out of the transactions occurring on or before the time of such termination, which shall be promptly paid by the C,;cmpany t;o the City) by giving notice by ordinary mail, postage PrePai-d, to the City speci termination which may be the date of the notice . ~'~g therein the date of 9. Protection to the City. The Co~rpany shall pay all of the City's costs and expenses reasonably and necessarily incurred in connection with this Agree- ment or any other related doc~nent or instr~nt. The ~Y will at all times indemnify and hold harmless the City against any and all losses, costs, damages, expenses and liabilities of whatsoever nature directly or indirectly resulting frcm, arising out of, or related to matters in connection with this Agreement. 10. Payment i.n Lieu of Taxes. The City and the CoQrpany recognize that under decisions of the Supreme Court of Arkansas the Project will be exempt from ad valorem taxaticm. The Company agrees, however, to enter into an agreemP-nt with the City for payments in lieu of taxes, in such amounts and on such terms as shall be acceptable to the City and the Company, to local public bodies with taxing authority. 11. Purpose and Effect. The Bonds are to be issued, sold and delivered under the authority of the Act and all related actions and doc~nents shall be in conformity therewith. The City intends this Agreement to be its official binding vaRmitr~ent, pursuant to the terms hereof, to issue the Bonds up too $800,000 aggregate principal amount outstanding at any one time, and also to issue addi- tional Bonds if the Project costs exceeds such amount, and to expend the Bond proceeds to defray the costs of the Project. The City considers this AgreemP-nt to be an official action for all purposes of the Federal Inc~ne Tax Regulations. 12. Assignment. The Ccgnpany shall have the right to assign the Agre~nent and its rights, privileges and duties hereunder with the consent of the City pro- vided that such assignee expressly assumes the obligations of the CorYpany hereunder and provided the C~any renains liable as guarantor of the performance of such assignee. IN WIZI~TESS WHEREOF, the City of West Memphis, Arkansas, acting pursuant to resolution of its City Council, has caused its name to be hereunto subscribed and the Company has caused its corporate name to be subscribed hereto. by its duly authorized officer, all as of the year and date first above written. CITY QF WEST MF~'HIS , P.-RK~NSAS ~~~~ ~Y= ~y ayor P.-RKANSAS DISTRIBUTING G~ANY ~: -- - - ~ ~r7 L' h LJ 2. ~T~is Resolution shall be in ,full force and effect fran and after its adoption. ADOPTED this [~ day of ,~%'/~ ~ 1979. • ~~ G ~--- /~ -~ Mayer ~~ 1 ~ ~~ The City Attorney read the Ordinance to repeal Drdinance 1Vo. 96~. Alderman i/oodell made a mot i on seconded by Al derman Taal ker to suspend the rut es on the first reading. Upon roll call, the voting was as f o11 ows: AYE: Aldermen: Ray, Walker, Wooden, Angeletti, Bentley, DuYall, Hightower, Horton, Jackson, and Morris. N0: None The Ordinance uxts suspended on the first reading. The ~'i ty Attorney read the Ordinance for the second time. Alderman Morris made the motion, seconded by Alderman ~YaII, to further suspend the rules. Upon roll call votes the voting was as f al 1 ores: AYE: Al dermen: Ray, Wal ker, Tiloodell, Angel ett i, Bent1 ey, IhcYa11, Hightoraer, Horton, .Tacksvn, and Morris. N0: None fine Ordinance was suspended on the second readinq. The City Attorney read the Ordinance for the third and final time. Alderman Jackson made the motion, seconded by Alderman Ray, to accept the Ordinance No. 9~8. Upon roll call vote, the voting was as Poll ows: AYE: Aldermen: Ray, Walker, Wooden, Angeletti, Bentley, DuYall, Flightoaner, Xorton, Jackson, and Morris. N0: 1Vome fine Ordinance passed on the third reading and was assigned Ordinance No'. 9~8, which reads a~ f of I oms: ~~ ORDINANCE NO. C~ / AN ORDINANCE TO REPEAL ORDINANCE N0. 967. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION I: That Ordinance No. 967 passed and approved on the 19th day of April, 1979, vetoed by the Mayor and by a vote of the City Council on May 3, 1979, repassed over the veto of the Mayor, be, and the same is hereby, repealed. SECTION II: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION III: EMERGENCY CLAUSE: It is hereby ascertained and declared to be a fact that the passage and approval of this ordinance is in the interest of the public peace, health, safety and welfare of the citizens of West Memphis; therefore, an emergencl is hereby declared to exist, and this ordinance shall be in full force and effect from and after its passage and approval. ADOPTED this 6th day of September, 1979. Mayor ~~~o-~I ~~~ ~/~~~ ~~~~~~ The next item of business on the agenda was an Ordinance accepting and confirming the dedication of a street identified as East Barton. ATdernean Morris made the rnation seconded by Alderman DuYa11 to suspend the rut es. Upvn roll call vote, the voting was as fv11 oars: AYE: Aldermen: Ray, Wa1 ker, Woodall, Angeletti, Bentley, DuYa11, Hightower, Horton, Jackson, and- Morris. N0: None The rules ave re further suspended on the first reading. The City Attorney read the Ordinance for the second time. AI dernaan Ray made the motion seconded by AI de r~eacn DtzYa1l to furthe r suspend the rules. Upon roll call vote, the voting was as Poll oaus: AYE: Aldermen: Ray, Walker, Woodall, Angeletti, Bentley, 1?uYa11, Hightowef~, Horton, Jackson, and Morris. N0: None The rules were further suspended on the second reading. The City A~ttarney read tie- Urdina~ce for-~th~ -thrrci-a~cd -final time. AI Berman Morris made the motion seconded by Al Berman Ray to adopt the Ordinance. Up~~c~ roll call. vote, the voting avers as follows: AYE: Aldermen: Ray, Wa1 ker, Woodall, Angeletti, Bent1 ey, DuYall, Hightower, Harton, Jackson, and Marris. N0: None The Ordinance was adopted on the third reading, A~l~de r~racra Ray made the motion ~evnded by Alderman Morris t o adopt the E~e^rgency Clause, Section 2. Upon ro11 call vote, voting avers as fo11 oavs: APE: Aldermen: Ray, talker, Woodall, Angeletti, Bentley, Duva11, Hightower, Horton, Jaa7~san, and Morris. N0: None The Ordinance and Emergency Clause avere adopted on the third reading ~~d was- assigned Ordinance No. 9~9, which reads as f o11 ores: J 6 ORDI2dP_NCE NO. c~ ~. AN OF.DINANCE ACCEPTING I~~TD CC~I~7~'IRMIiJG THE DEDICP.TICI1 OF A STREET IDErJTIFIED AS EAST ~BARTON RLNNIPJG t~TEST FROM NORTH SEVENTH STREET Ir; THE CITY O£ t,JEST T-E• NIP~iIS , F.RI~.ANSAS , TO THE PLP.1`~i ~ SITES OF TETZPLF GYPSUM, IIJC . , AND t~IEYERHAEUSER COMFANY, DECLARING AN E1"{ERGENCY AND FOR OTIiER PURFOGES. ~~7HEREAS, by Dedication Deed dated February 11, 1971, Holiday Gardens, Inc., being the owner of certain lands in ~,,,,,,,, the 1`tt~? ~../~ of Suction 7, Township f North, Ranee 9 East, dedicated to t're public a st.r_ip of land 50 feet wide running from Seventh Street ca%st to the plant site of Terlple Gyx~sum, INC. for use as a~street, said Geed having been filed for record in the Office of tl~e Recorder of Crittenden County, Arkansas, on February 25, 1971 and therein recorded in Boole 444 at page 605; and, rn]HLREl?.S, by Right of tJav Deed dated June 27, 1975, Holiday Gardens., INC. as the owner of lands in the NW 1/4 of Section 7, Township 6 North, Range 9 East, granted to the City of West Merlnhis a ~ernetual easement and right-of-clay for the purpose of constructing a street for access across the entire north boundary of the lot owned ry the City of West P~Iemphis and upon which was located the Evans Product: Flant, which said Rigrt Of T~?ay Deed k~as f ilEd for record in the Office of the Fecorder aforesaid or. June 3C, 1975, and therein recorded in Book 508 at rage 285; and, WHEREAS, the City of t~lest P~er_tphis acquired the land upon which Temple Gypsum, INC. and Evans Products Comx~any were located as industrial sites for location of_ i nc~ustry under A.ct 9 of the Acts of 1960 of the State of Arkansas and it was re- quired that access to the plant sites be r-lade available end the aforesaid deeds were executed for this purpose; and, WHEREAS, there has been an appropriation of said lands for street uses and acceptance thereof by the public l.~ut a cuestion has arisen that there was never an acceptance of said dedications as was contemplated by the Statutes of the State of P..rkansas and the City of T~Jest r~iemphi s no~•,r desires t~ .formally accent a.nd confirm said dedications : ~JO~', TIiET_~EF'ORE , BE IT ORDAINED fiY THE CITY COUI`1CIL OF THE CITY OF t^?EST MEA'iFHIS , ARf.AN~AS SEC'IIOIJ I: That the street above described heretofore dedicated to tre pul'~lic use l/e and. the sane is hereby declared to have bFen accected and confirmed as a public street and shall be deemed a public street and to be under the care and control of the City Council. SECTIOtd II: EMERGENCY CLAUSE. That it is found anc~ declared by the City Council of the City of_ West Memphis that the properties served by said street are owned by the City of trdes-t Memphis and leased by it to the industrial plants of Temple Gynsur~., IIJC . anti tn'eyerhaeuser Con~.pany (successor lessee under lease with Evans Products) and that the tract of land i:runediately crest of t~leyerizaeuser Cornpan~~ is in the process of being developed by Soutrwestern Pell Telephone Company and it r^.ust be assured of access to its property by public street and that it is in the interest of the City of t•7est Memphis that this ordinance be adopted .for the continued groc~lth and expansion of the City of t~7est Pfer~phis and for the continued improvement in the industrial cliriate in the City of hTest r~iemphis and that the Aassage of this ordinance is in the interest. of the public health, peace, safety and welfare of tine City of hest ~~ertphis and the inhabitants thereof. Therefore, an erergency is hereby ~~ declared to exist and this ordinance shall cake effect and be in force ir.~ediately upon its~nassage and approval. PASSED .this 6th day of September, 179. V ~ C- E - MAYOR J ~l /a1' f~ t ~~ ,1 rte, ,, C ~ ~~, ~i~~~, ?'he City Attorney read for the first time, the Ordinance to waive competitive bidding. Al de rman Angel e t t i made a mo t i on seconded b y Alderman DuYa11 t o suspend the rut es. Upon 'Toll call vote, the voting was as f o1I ours: AYE: Al dermen: Xay, TiTa1 ker, Woodell, Angel ett i, Bentley, DuYa11, Hightower, Horton, Jackson, and Morris. N0: None ?'he rules tae re suspended on the first reading. I'he City Attorney read the Ordinance the second time. Alderman Walker made a motion seconded by Alderman Wooden to further suspend the rut es. Upon roll call vote, the voting uxzs as fo11 ows: AYE: AI Berman: Xay, Tira1 ker, Wooden, Angel et t i, 8ent1 ey, Dtce~I, Hightower, Horton, Jackson, and 11orris. ND: None The rules were further suspended on the second reading. ~~ The City Attorney read the Ordinance for the third and final time. Alderman Walker made a motion seconded by Alderman Morris to adopt tl~ Ordinance. Upon roll call vote, the voting was as follows: AYE: Aldermen: Ray, Wal ker, Woodell, Angel ett i, Bentley, DuYaI1, Hightower, Horton, Jacksan, and Morris. N0: None The Ordinance was adopted on the third reading. Alderman Ray made a motion to adopt the .Emergency Clause, Section 2, and Alderman Woodell seconded the motion. Upon roll call vote, the voting was as f o11 ows: AYE: Aldermen: Ray, Walker, Woodell, Angeletti, Bentley, .DuYa11, Hightower, Horton, Jackson, and Morris. N0: None The Ordinance and the Emergency Clause has been ado-pied -on- tie- t~trrd reard~~n~ ;arid =vaas a~s's'i gried Ordinance No. 980, which reads as f ol1 ows: L ~~ ~ o ORDINANCE N0. AN ORDINANCE TO WAIVE COMPETITIVE BIDDING, ESTABLISHING AN EMERGENCY AND FOR OTHER PURPOSES WHEREAS, Arkansas Statute 19-425 allows waiving of competitive bidding in exceptional situations where such procedure is deemed not feasible or practical; and, WHEREAS, there are many items necessary for the City's use where competitive bidding is deemed not feasible or practical; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: 1. That competitive bidding be waived for the following items to be used by the City, which are described as follows: Sealing 2~" concrete sewer line from inside for 372 feet: 12,500 gallons of Sealer.........@ $3.70 per gallon..$~,625.00 Five C5) days ....................@ $500.00 per day.....$2,500.00 To move equipment two (2) ways - @ $500_.00 each way....$1,000.00 TOTAL $8,125.00 2. Emergency Clause. It having been found and determined by the City Council of the City of West Memphis, Arkansas, that there is an urgent need by the City of West Memphis for the items described above, an emergency is hereby declared to exist, and this Ordinance being necessary for the preservation of the public peace, safety and welfare of the citizens of West Memphis, Arkansas, shall be in full force and effect from and after the date of its passage and approval. ~' ~~'~ ~ ~~ ~f~ ~ ~~~b PASSED AND APPROVED this .day of ~ ~ , 1979. ATTEST City er SPONSORED BY: MAYOR r'r `~ 1 The next item on the agenda is a Resolution to buy 1~ in T/hite B uffalo Independence Stations. Alderman Ray made a motion seconded by Alderman Morris to table the Resolution temporarily. Upon roll call vate, the voting uaas as Poll atvs: AYE: Aldermen: Ray, Walker, T/oodell, Angeletti, Bentley, DuYall, Hightotaer, Horton, Jackson, and Morris. N0: 1Vone The Resolution vacs tempo rari I y tabled. The City Attorney read the Resolution commending the Commercial Appeal for TVA Assistance. Alderman Angeletti made a motion seconded by Al derrnan Horton to adopt the Resolut i on. Upon roll call vote, the voting teas as f of l ozns: AYE: Aldermen: Ray, Walker, Wooden, Angeletti, Bentley, DtcYall, Hightower, Horton, Jackson, and Dorris. CVO: N+~ne The Resal ut i on teas adopted and assigned as Resolution No. 718, toh i ch reads as ,follows: ~- S RESOLUTION NO.~~ WHEREAS, the Memphis, Tennessee, Commercial A peal, published in our "Big Sister City" across the Mississippi River, has recently given our efforts to secure T.V.A. Power for West Memphis,. Arkansas, a big push by Front Page Headlines, Editorials, and Cartoons; and, WHEREAS, the assistance of the Commercial A peal in this most worthy project is greatly appreciated by the West Memphis City Council and the citizens of our Town; and, WHEREAS, it is proper that we-let our feelings be made known to the Memphis, Tennessee, Commercial Appeal for their help in placing the facts before the public and the work necessary to have the legislation passed to make T.V.A. a reality for our City; THEREFORE, BE IT RESOLVED BY THE WEST MEMPHIS CITY COUNCIL: 1. That the West Memphis City Council commend the Memphis, Tennessee, Commercial Appeal for their publicity in our continued efforts to secure T.V.A. Power for the City of West Memphis, Arkansas; and, THEREFORE, BE IT FURTHER RESOLVED BY THE WEST MEMPHIS CITY COUNCIL: 1. That copies of this Resolution be sent to the Editor of the Commercial Appeal, Mr. Michael Grehl and their West Memphis, Arkansas, Correspondent, Mr. Peter Turnbull. ~.... ADOPTED this t day of ~-f' ~ ~ 1979, MAYOR ATTEST.r , .-~" ~,- , I ` i'' / '- "r ~ / r ~~,~ C IT 1 R~' i Alderman Wal ke r made a mo t i on, seconded b y Al de rr~rxn Angel e t t i, t o put on the agenda the Resolution commending the ~~rsning ~'i~tes. Upon voice vote of the Council, the voting was unanimous. The City Attorney read the Resolution Commending the Evening Times. Alderman Bentley made the motion seconded by AI derman Ray to adopt the Resolution. Upon roll call vote, the voting was as follows: AYE: Aldermen: Ray, Walker, Woodell, Angeletti, Bentley, Duvall, Hightower, Horton, Jackson, and 17orris. N©: None The Resolution passed and was assigned Resolution No. 719, tah i ch reads as follows: RESOLUTION N0. ~ / WHEREAS, the City of k'est Memphis, Arkansas, is now engaged in several worthwhile projects that will benefit our City; namely, the Vo-Tech School, Port on the Mississippi River Act 9 Bond Issue for Taylor Machine Works, Drainage, Energy Conservation, and many others; and, WHEREAS, it is of great help to the City of West Memphis, that the information on these projects be made available to our citizens~in order that our City Council may get the views of the public to make the proper decisions; and, WHEREAS, our own home town newspaper, the Evening Times, has been ready, willing and able to give a helping hand on all of these projects and present the facts in a fair and unbiased way that everyone may understand the magnitude of the effects these projects will have for our City; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: (1) That the West Memphis City Council is proud of its local paper, the Evening Times, and wishes to commend the newspaper for the fair and accurate reporting of the activities of our City and the West Memphis City Council; (2) That a copy of this Resolution be sent to: (a) Mr. Alex Coulter, Publisher, Evening Times; (b} Mr. Mike Coulter, Editor, Evening Times. F ADOPTED this day of ~~~~~ ~/~'- ~ ~ ~~ 1979 MAYOR ATTEST: CITY LE K The City Attorney read for the first time the Ordinance to amend Ordinance Na. 9,37, a personnel manual adopted by reference declaring an eme rgenc y. Alderman DuYa11 made the etot i on, seconded by AI derman Horton, to suspend the rules. Upon roll call vote, the voting was as follows: AYE': Aldermen: Ray, Walker, Wooden, Angeletti, Bentley, DuYa11, Hightower, Horton, Jackson, and Morris. N0: None The Ordinance was suspended on the first reading. The City Attorney read the Ordinance for the second time. Alderman DuYa11 made the motion, seconded by Alderman Horton, to further suspend the rules. upon roll call vote, the voting was as follows: AYE: Al derman: Ray, Wal ker, Wooden, Angel ett i, Bentley, DuYa11, Hightower, Horton, Jackson, and Morris. N0: None The Ordinance was further suspended on the second reading. The City Attorney read the Ordinance for the third and final time. Al derman Horton made a mot i on, seconded by AI derman DuYall, to adopt the Ordinance. ' Al dermacn Horton made the motion, seconded by AI derman Morris, to delete Section C of the Personnel Manual . Discussion: Alderman Ray said he did not understand why the Sanatation and Street workers could not be paid every two weeks on Friday, artd the Police and Fi re Departments paid the same, on the 1,5th and last day of the month. Alderman WaI ker said that when the employees were hired they were tot d the pay periods and thought this was the way they should be paid. Al derman Jackson stated that the .F'i re and Police Departments should remain the same and the Sanatation and Street employees shoul d be paid every two weeks. Alderman Bentley said if there were two different payrolls that there would '.~+~ problems. Alderman Bentley also stated that he had never heard of any other employers having their employees vote an which days of the month they want to be paid. Alderman Wovdell made the motion, seconded by Alderman Jackson, to table Sectian C. The motion was defeated. Upon roll call v te, for deleting Sec t i,on C, the uo t i ng was as f o11 ows: AYE: Aldermen: Ray, Welker, Wooden, Angeletti, Bentley, DuYa11, Hightower, Horton, Jackson, -and Morris. N0: None Section C is deleted. Al de rnmcn Ray made the motion, seconded by Alderman Bentley, to delete Section G. Upon roll call ~ uo te, the uo t i ng was as f o11 ows: AYE: Al dermen: Ray, Wa1 ker, Wooden, Angeletti, Bentley, DuYall, Hightower, Horton, Jackson, and Morris. N0: None Section G is deleted. Upon roll call vote for adopting the Ordinance, the uoting was as follows: AYE: Aldermen: None N©: Al derr~en: Angeletti, Bentley, DuYall, Horton, .Tackson, Morris, and Wa1 ker. The Ordinance failed on the first reading. T)ze City Attorney read the Resolution concerning flooding in the City of West Memphis. Al Berman Angel ett i made the motion seconded by Alderman Ray to adopt the Resolution. Upon roll call irate, the voting was as follows: AYE: Aldermen: Ray, Walker, Wooden, Angeletti, Bentley, DuYa11, Hightower, Horton, Jackson, and Morris. N0: None The Resolution passed and assigned Resolution No. 720! which reads as f o1l ows: %~gl RESOLUTION N0. h_ ~ ~ WHEREAS, the City Council of the City of West Memphis, Arkansas, has incurred considerable complaints from citizens of West Memphis, Arkansas, to do with the flooding of their homes and property; and, WHEREAS, the City Council of the City of West Memphis is anxious to assist the citizens in their flooding problems; and, WHEREAS, the City Council of the City of West Memphis understands that the calculation of drainage district fees is very outdated and inadequate; and, WHEREAS, the City Council of the City of West Memphis understands that at the present time, drainage fees do not allow revenue adequate enough to do needed work; and, WHEREAS, the City Council of the City of West Memphis believes the Commissioners of Drainage District No. 6 should be requested to increase their drainage fees so as to assist the citizens of West Memphis in their flooding problems; and WHEREAS, the City Council of the City of West Memphis, Arkansas, has no other agency to go to locally to assist in its drainage related problems; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, THAT: 1. The Commissioners of Drainage District No. 6, of which West Memphis, Arkansas, is a part, be requested at this 1 ~~ time to seriously consider increasing drainage district fees in Drainage District No. 6, thus enabling it to do the needed work; and, therefore, helping to reduce flood damage to the residences and businesses of the City of West Memphis, Arkansas. ADOPTED this i day of -$ ~ ~~~ ~ ~ 1979. ~~ ,~ ATTEST - ,~~`~ MAYOR ~~ ~ `/f.J ~ .~ J . {_ ,~ TY C ~~R ~ `~t R ~` .J~~ The City Attorney read the Resolution Deal ing with the Drn inage Problem in West Memphis. Alderman Angel e t t i made the Ito t i on, seconded b y Al de rrruxn Morris, to adopt the Resolution. Alderman Woodell made the motion, seconded by Alderman Morris, to amend the Reso1 ut i on, He recommended that the Compress of the United States be requested to authorise the work and approperiate the necessary funds. Upon roll ca11 vote, the voting was as follows: AYE: Alderman: Ray, Wa1 ker, Woodell, Angel ett i, Bentley, DuYaI1, Hightower, Horton, Jackson,. and Morris. N0: None The Resolution was amended. Mayor Ferguson ask if there mould be a motion to grant permission for the Mayor to sign the agreeme~t~t. Alderman Morris made the motion, seconded by Alderman Horton, to grant the Mayor this premission. Upon roll call vote, the voting was as f o1I ows: AYE': Aldermen: Ray, Walker, Woodell, Angeletti, Bentley, .DuYall, Hightower, Horton, Jackson, and Morris. 1110: None The premission t~oas granted to the Mayor. .?'he following committee reports were presented to the Council. Budget Committee: Alderman Morris stated that the Budget Committee approved the change of salary prompt ian responsibilities of four people. They are: (2) street employees, GIJ sanatition employee, and (1J shop employee. Al derman Morris made the motion, seconded by AI derman Horton to adopt the report. Upon voice vote of the Counc i 1, the voting was unanimous. Alderman Morris stated that the Old City Shop and the Old Utility Building were for sale and the Committee recommended that the property be 1 fisted with the. Real ,Estate firms, in the City, that hel d a 1 icense in the City of West Memphis. He also recommended a 10~ commission of the gross sale to the firm and also that they notify every firm I fisted with the City. Aldermen Horton seconded this statement. Upon roll call vote, the voting was as follows: AYE: Aldermen: balker, Woodell, Angeletti, DuYa11, Hightower, Horton, Jackson, and Morris. N0: None The motion is carried. Alderman Morris made the motion, seconded by Alderman I~cYall, to sell the Shop for ~`j0,000.00 and the Utility Building ,for `98,000,00. Upon roll call vote, the v4t t ng was as f o1 Z ows: AYE: Aldermen: Wal ker, Woodell, Angeletti, DuYaII, Hightower, Horton, Jackson, and Morris. N0: None The motion is carried. AI ddmman Morri s made the motion, seconded by Alderman Woodell to give the Mayor authori ty to accept or reject an offer for either building. Upon voice vote, the voting was unanimous. Public Works Committee: Alderman Horton made the motion, seconded by Alderman DuYa11, that the City Council grant premission for the Committee to advertise for bids f:'om private firms for garbage collection in the City. Alderman Morris made the motion, seconded by Alderman bat ker, to table this matter further for study. Upon roll call vote, the voting was as f o1l ows: AYE: Aldermen: Ray, Walker, Woodell, Angeletti, Hightower, Horton, Jackson, and Morris. AB,~'TAIN: Al de rman DuYa11 The motion i s tabled. Al derman Horton made the motion,. seconded by Alderman Angeletti, that the Mayor write a letter to hock Island Railroad about re paa`ring the crossing bars on South Aval on. Upon voice vote, the voting was unanimous. Clatme Committee: Alderman Hightower stated the folloaving claims: (1) Miss Linda Inman i n the amount of ~82.8~. Her money was not refunded. (2) Mr. Ellis Floyd claimed his garden had been mowed doom by the City mowers. The total cost of the garden was ~`17j'.80. Mr. FI oyd's money was refunded. Alderman Morris made the motion, seconded by Alderman DuYa11, that Mr. Floyd receive his ,~`17j'.80 plus the ~`j0.00 bill he received. Upon roll call vote, the voting was as foflows: AYE: Aldermen: I~ay, Walker, Woodell, Angeletti, DtcYall, Hightower, iV~~ dry ~~ ,. ~' ~~~ and Morris. 11T0: None The motion passed that the claim be paid and the bill caneelled. Alderman WaI ker made the my t i on seconded by Al dermrxn Morri s, to tear dou~t tha old wxaimminq pool building. Upon roll call vote, the voting was as follows: Ate: Ald ermctn: I/alker, Angeletti, Horton, and Morris. PASS: AI Berman Wooden N0: Adderman: .Ray, IkcYa11, Hightower, Jackson, and Wooden. The motion was defeated. Announcements: Monday at 7:30 a. m. at the llaintree; a meeting with Congressman BiII Alesander concerning the Port Issue. Monday at 2: DO p. m. at the .Ramada Inn; a meeting concerning the 1'©rt Land, a group of businessmen. Work session at 4:30 Tuesday, September l1, 1979. The meeting adjourned a t S': „~0. _~ PASS1s'D AND APP.FIOYEED THIS „_,., ~ _,,,,,,,,r,~,,., day of "~:, ~ 979• ~/ !~ Joyce ~'. 1''e rgus Mayor AT~sT: City CI e,r`k