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October 4, 1979 MINUTES W~'ST MEMPHIS CITY COUNCIL OCTOBER 4, 199 A regular meeting of the West Memphis City Council was held on October 4, 199 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 Poll owing persons were present: Mayor Joyce T. Ferguson City Attorney Robert Smith Aldermen: Yi nce Angel e t t i Leon Du Yal 1 .Tames Hi gh t owe r Pri tchard Horton Roberta Jackson Doug Morris R. H. Ra y Prayer was offered by Alder-an Jackson. Mayor Ferguson announced the ,first item of business on the agenda, the bid opening for one (1) house, under the Community De vet opment Rehobil itation Program, ,for Jessie Booker Construction Company, P. O. Box 67, L'a r1 e, Arkansas 72331, for the amounts of: Phase 1, x`59, 00.00 and Phase 2, ~Z82B.00. Alderman Jackson -ade the motion, seconded by AI derman Horton, to turn the bid over to the Director of Community Development, the City Attorney and the Architect for the Community Development ~4g~cy for review and award of the contract. Upon voice vote of the Council, the voting was unanimous. There were three sets of minutes to be approved, minutes of August 9, August 16, and August 21, 1979. Alderman Ray made the motion, seconded by Alderman Morris, to approve the minutes. Upon voice vote of the Council, the voting was unanimous. The minutes are approved. The f o11 owi ng had c i t i aens request: Mrs. N. S. Saunders, 116 Cooper, stated that while she was out of town the city had cut the grass behind her business, the Broadway Nursery, and had billed her ~`~0. She stated that only 2 of the I of had been cut. She did not think the bi11 should have been that much. She was referred to the Public Works Office. Mr. David Tay1 or complained that the streets on the South side of Broadway had not been paved as he had previously been told. Mayor Ferguson stated the overlay was not complete. ?`he first item under o1 d business was the second reading of the V ~ ~ C~ t ';.V Ordinance adopting by reference certain parts of the 197jr edition of the Southern Mechanical Code. City Attorney Smith read the Ordinance. Alderman Horton m<xde the motion, seconded b y Al de rman Ray, t o adopt the Ordinance. Upon roll call vote, the voting was as Poll ows: APE: Aldermen: An~-eletti, DuYall, Hightower, Harton, Jackson, Morris, and Ray. NO: None The Ordinance passed on the second reading. The second item under old business was the second reading of an Ordinance establ fishing a Board of F'xaminers, prescribing rules and regulations ,for mechanical heating, air-conditioning and refrigeration. Alderman Ray made a mot i on, seconded by AI Berman Morris, to adopt the Ordinance. Upon roll call vote, the voting was as follows: AYE: Aldermen: Angeletti, DuYall, Hightower, Horton, Jackson, Morris, and Ray. N0: None The Ordinance passed on the second reading. The ,first Resolution under new business was the Resol ut i nn approving and providing for the execution of the Annual Contributions Contract for the Section 8 Housing. Al Berman Angeletti made the motion, seconded by Al Berman Jackson, to approve the Resolution. Upon roll call vote, the voting was as follows: AYE: Aldermen: Angeletti, DuYal1, Hightower, Horton, .Tackson, Morris, and Ray. N0: None The Resolution passed and was assigned Resolution No. 724, which reads as f o11 ows: The second Resolution under new b~es~iness was a Resolution, read by Mayor Ferguson, congractulating -the Evening Tfines. Alderman Ray made the motion, seconded by Alderman Morris, to pass the Resolution. Upon roll call vote, the voting was as .,follows: AYE: Aldermen: Angeletti, DuYa11, Hightower, Horton, Jackson, Morris, and Ray. N0: None The Resolution passed and was assigned as Resolution No. 725, which reads as f o11 ows: RESOLUTION N0. ~Z' A RESOLUTION OF THE CITY COUNCIL OF THE CITY aF WEST MEMPHIS, ARKANSAS APPROVING AfdD PROVIDING FOR THE EXECUTION OF THE ANNUAL CONTRIBUTIONS CONTRACT FOR THE SECTION 8 HOUSING PROGRAM. WHEREAS, under Section 8 of the Housing Act of 1937, as amended, the United States of America (herein called the "Government") has tendered to the City of West Memphis, Arkansas (herein called the "Public Housing Agency"} a proposed Annual Contributions Contract under which. the Government agrees to make certain payments to the Public Housing Agency for the benefit of low-income families: and WHEREAS, the Public Housing Agency has given due consideration to said proposed Annual Contribution Contract: and WHEREAS, the Public Housing Agency is duly authorized, under and pursuant to the Constitution and laws of the State of Arkansas, to undertake and carry out the Section 8 Housing Program and to execute the proposed contract; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, THAT: ~ Section 1. The proposed contract, designated Annual Contributions Contract FW 7166-E3 consisting~of Parts I and II, under and subject to the provisions, terms, and conditions on which the Government will make Housing .Assistance Payments to the Public Housing Agency for the benefit of low-income families is hereby in all respects approved: Section 2. The Mayor of the City of West Memphis, Arkansas is hereby authorized and directed to execute said proposed Annual Contributions Contract i n four (4) counterparts on behal f of the Publ i c Housing Agency, and the City Clerk of the City of West Memphis , Arkansas i s hereby authorized and directed to ..impress and attest the official seal of the Public Housing Agency on each such counterpart and to forward such counterparts to the Government, together with such other documents relative to the approval and execution thereof as may be .required by the Government. Section 3. The Executive Director of the Community Development Agency of 'the Public Housing Agency is hereby authorized to file requisitions, together wi th necessary supporting documents, with the Government from time to time requesting payments to be made and to do and perform all other things and acts 'required to be done or performed in order to obtain such payments. Section 4. The Public Housing Agency agrees to abide by all provisions, terms, and conditions of said Annual Contributions Contract. i r ___-_-_ Section 5. This Resolution shall take effect this ~'^ day of ~ i ?~ ~ ~ ~' /'~ 19 APPROVED AND ADOPTED THIS fib DAY OF ~ ~g7g, -r~- ~O~ ATTEST: C~ yCer APPROVED AS TO FORM: ~,- ~' ~ qty ttorney .~ RESOLUTION N0. / ~ j WHEREAS, the recent election on the Bond Issue to finance a Port for the City of West Memphis, Arkansas, has been very successful; and, WHEREAS, the publicity to get all of the facts before the public to make a decision on this worthy project was vital to win the election; and, WHEREAS, the EVENING TIMES went far and beyond the call of duty to run daily, a considerable time before the election, maps, graphs, editorials, and information to give our citizens information before voting on the Bond Isssue; and, WHEREAS, the City Council of the City of West Memphis, Arkansas, is very grateful to the EVENING TIMES for the support given to our Port, now underway; THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: 1. That the EVENING TIMES and its employees be commended, congratulated, and praised for their help in making the Bond Election to finance our Port a huge success. '~ BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: 1. That a copy of this Resolution be sent to Mr. Alex Coulter, Publisher of the EVENING TIMES. ADOPTED this day of ~ L ~G~ ~~ ~ ~ , 1979 • ~M~~~ ~OYCE T. FERGUSO MAYOR ATTE FT CITY CLERK L The third Reso1 u t i on under new business was a Res o1 u t i on, read b y Attorney Smith, stating that the Wiest ~lemphia ~~'p1eprehe~si ve Plan be amended to multiple ,family residential district in lot ,~ in block 10 of Miles L. Thompson, second edition. Alderman Angel e t t i, made the motion, seconded by Al derman Horton, to adopt the ~'esoluti on. Upvn roll call vote, the voting wars as foil oms: AYE: Aldermen: Angeletti, Duvall, Hightoruer, Horton, .~ackson, Morris, and Xay. N0: None The Iiesol ut i on passed ~ and was assigned as Reso1 u t i on 726, which reads as follows: RESOLUTION NO. ~ ~` V WHEREAS, at the meeting of the West Memphis Planning Commission on August 29, 1979, the Planning Commission considered and recommended. against a change in the West Memphis Comprehensive Plan from single family residential to multiple family residential of the following described lands, but .the City Council finds that the application for change in the Comprehensive Plan should be granted: NOW, THEREFORE, BE IT RESOLVED by the City Council that the City of West Memphis, Arkansas: THAT, the West Memphis Comprehensive Plan be amended to multiple family residential district with respect to Lot 7 in Block 10 of Miles L. Thompson's Second Addition to the City of West Memphis, Arkansas. PASSED AND APPROVED. this day of Cf G~~ C ~~" ~:' , 1979 . ~1 MAYOR ATTEST: . C Y i } The first Ordinance under new business wars an Ordinance to reaone 1 of 7 in block l0 of Mi 1 es L. 2'hompson's second edition. City Attorney Robert Smith read the Ordinance for the first time. Alderman Angeletti made the motion, seconded by Alderman Morris, to approve the Ordinance on the f f rst reading. Upon ro11 ca11 vote, the voting was as f ol1 ows: AYE: Al dermen: Angeletti, DuYa11, Hightower, Horton, Jackson, Morris, and Ray. N0: None The Ordinance passed on the first reading. The second Ordinance under new business was an Ordinance to amend the coning Ordinance No. 71,j by adding a section known as "PUD" by reference. City Attorney R. Smith read the Ordinance for the first time. Alderman Morris made the motion, seconded by Alderman Ray, t1o amend the Ordinance No. X1,5. Upon roll call vote, the voting was as fo11 ows: AYE: Aldermen: Angeletti, DuYall, Hightower, Horton, Jackson, Morris, and Ray. N0: Non e The Ordinance passed on the first reading. The third Ordinance under new business was an Ordinance to amend Section I2 of Ordinance No. 91,5, dated August 2~, 197. City Attorney R. Smith read the Ordinance for the first time. Alderman Horton made a motion, seconded by Alderman DuYall, to amend Section 12 of Ordinance 91,5. Upon ro11 call vote, the vat ing was as fall ows: AYE: Aldermen: Angeletti, DuYall, Hightower, Horton, Jackson and Ray. N0: Alderman Morris The Ordinance ;~ac~~ed on the first reading. Committee Reports: Alderman Ray, chairman of the Police Committee, read the letter wri t'ten to the Pot i ce Department comgratulat ing them on their fast and excellent work. He also requested that the letter be included in t~ minutes. A copy of the letter follows. INDUSTRIAL MANUFACTURING CORPORATION - UMiFD SHEEP MEYAL & FABRICATION Drv. - :~ 720 S. Stecond Street DESIGNERS d. FABRICATORS West McI'nPA1$~ Ark. 77301 SERVING INDUSTRIES NEEDS (501) 735-3157 (1 cta bex 3, l 97 9 we~s~ Memph.vs Pa.(;~,ee ~epcvrtment ~.ed C-i.ty Na.e..~ ~ve~s~ Me,mph.i.~, AR 12301 RF: Bung~2ah.y a~ 720 S. Secand Sx. Madam Mayan, Lad~.e~ and Gen~,Q emen, I wau.~d .ei.fze ~a "ta.fze ~h,i~s appontwti%ty ~a eangnatu.~a~e you and the City a~ we~s~ Memphis fan an exee.~.~ent pa~,i.ce depcvctment, wh~.ch I am pews anal. y pnaud ~a be a c,itc:z en with dediea~ed pea p.~e ~ uch as ~the~s e nee pan~s.ib.~e ~ arc me and my ramie: y' b pno~eet%on. we arse e~pee,%ae.~y p.2ea~ ed with the pna ~e~s~.ianaeusm ~ haven ~,n the appnehen3~.on a~ ~su~spec~s ~.n such an onde~y and hpeedy manners and the conduct a ~ duly ~ haven ~"n ours neeent 6neah ..in a~ acvc company o ~ ~.Lce, 720 S. Secand S~. and congnatu,eate ~he~e men and ~h~.nFz they ~shau~e~d peh.~onu.eQy be commended fax a fob we,ee pen~onrrred. yaun Gnate~u~ C " "zen, M~.ehae.~ L . ~av"us , Pne~ . MLA/b~ J ~~ Alderman Angeletti gave a report from the Drainage Committee. He stated that Colonel Reno, of Corps of Engineers, could be in West Memphis wi thin ,30 minutes, after he was called, to set up his pups and drain the water over the 1 evee to prevent flooding. Alderman Horton announced that a Publ is l/orks Committee rmeeting would be held Thursday, October 11, at 1:.30 p. m. Alderman Angel e t t i made the statement that he mould 1 i ke t o thank G'`ity Attorney Robert Smith for writing letters to the railroad. Alderman Horton stated that the rail road bars on South Aval on mere dangerous because they mere down for 1 ong pe rt dds of time; even when they were not needed. He also stated that it was a state Iaw that the bars could be down only five miuutes at a time and that the Pot ice Department should issue the rail road a ticket for leaving the bars dow~t. Capt~fn Hall, who was in the audience, stated that he would relay the message to Chief Keen. Al derman Ray made a mot i ontseconded by Al derman Morris, that the meeting should be ad~ourn~d. Meeting adjourned at 2:,35'. ~^~r~,f AND APPROVED this ~ da ~f of Q~ 1979• ?ASSED rrri~.r.. y i..~.~..r..r.r..r..~w J Joyce T. F'e rugson MA ~'t7R . ,~ ,~ r n m CITY CLERK t~i~i