January 2, 1969
MINUTIA OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS,
HELD ON THE 2ND DAY OF JANUARY, 1969.
The City Council of the City of 4~7est Memphis, Arkansas, met in regular session at its
regular meeting place in West Memphis, Arkansas, at 3:00 o'clock P.M, on the 2nd day of
January, 1969. The following were present: Mayor Bob Eden, presiding, and Aldermen:
R. T. Bentley, R. C. Bowie, H. R. Dabbs, Pritchard Horton, Kirby Leggett, C. T. Rodgers,
R. L. Smith, and F. C. Weis.
Absent: City Attorney R. E. 1dallin.
It being determined a quorum was present, the following proceedings were had to-wit:
Minutes of Council Aleeting on December 19, 1968, were approved as read.
Mayor Eden welcomed Aldermen Bentley and Bowie tc the Council, the Oath of Office
having been administered by Municipal Judge Rubens to all of the Aldermen and the City
Treasurer prior to the meeting.
Mayor Eden informed the Council after the authorization for transfer of funds for the
Airport repairs on December 19th anr; additional item of $165.00 had been received. The
matter was discussed, and motion made by Alderman Dabbs seconded by Alderman Smith: That
the Mayor be authorized to transfer an additional $165.00, total of $2,054.40, from the
Airport Depreciation Fund to the General Fund. Upon vote, the voting was as follows:
Yes: Aldermen: Bentley, Bowie, Dabbs, Horton, Leggett, Rodgers, Smith, and Weis.
No: None.
The election of a Vice-Mayor in accordance with Arkansas Statutes was the next matter
on the Agenda. A~:derman Smith nominated Alderman Rodgers, the nomination was seconded by
Alderman Bentley. Alderman 4Jeis moved Alderman Rodgers be elected by acclimation, and
motion was seconded by Alderman Horton. The vote was as follows:
Yes: Aldermen: Bentley, Bowie, Dabbs, Iiorton, Leggett, Smith, and Weis.
No: None.
Alderman Rodgers abstained from voting.
The Mayor announced the Council would resume the hearing on closing of a portion of
24th Street. Mr. C. B. Nance, Jr, representing the petitioners Safley & Waggener, First
National Bank of Memphis, as Executor of the Estate of William Sanders Danner, deceased,
and as co-trustee Lois N. Danner stated the street is a dedicated street but had not been
constructed. Attorney V. E. Skillman, Jr. appeared on behalf of the parties interested in
purchasing the property. Mr. Frank Whittington informed the Council of tentative plans
for construction of a large building for a discount store on the property. Mr. Robert Fallis
and his Attorney, P'ir. Ralph Sloan, reiterated opposition to the closing of the street due to
ingress or egress for apartment complex being constructed in the area. The Council was
informed information from the Highway Department as to future plans in the area is not
available. After discussion of access to the service road, obligation of a subdivider to
construct a street, construction of a street on another's property, parking area providing
access to the service road, traffic conditions, deletion of the emergency clause and reading
of the ordinance on three separate occasions, an ordinance entitled: "An Ordinance To Vacate
The Alley Extending Through Black 9 Of The Wheeler Subdivision To The City Of 1Jest Memphis;
To Vacate The The Alley Extending Through A Portion Of Block 8 Of The Wheeler Subdivis'vn To
The City Of West Memphis; To Vacate That Portion Of 24TH Street Situated Between Blocks 8 and
9 Of The Wheeler Subdivision To The City Of West Memphis; And To Retain A Permanent Utility
Easement Through Blocks 8 and 9 Of The Wheeler Subdivision To The City Of West Memphis; And
For Other Purposes" was read. Upon roll call vote, the voting was as follows:
Yes:. Aldermen: Bentley, Bowie, Dabbs, Horton, Leggett, Rodgers, Smith, and 'rleis.
No: None.
The Mayor declared the first reading of the ordinance approved.
The Council resumed consideration of the final plat of Second Addition 1^7estwood Acres lying
in the ~dest Half of Section 13, T-6-N, R-B-E containing 23.8 acres. Mr. James C. Rainer III
indicated two areas of 16 acres and 12.6 acres hale been designated for a school and/or parkin
the overall subdivision plans. A tentative commitment from the school district for ten acres of
the sixteen acres had been negotiated, however, if the school and-.the City are not interested in
the areas they will be sold for houses. Mayor Eden requested Mr. Rainer to present a firm
commitment to the City as-to price per acre for the property with payment to be made over a
period o£ three years without interest. Mr. Rainer stated he would consider the matter, and
present a commitment at a later date. After discussion of the plat, motion was made by Alderman
Horton, seconded by Alderman l7eis: That the final plat of Second Addition of Westwood Acres
lying in the West half of Section 13, T-6-N, R-8-E be approved. Upon vote, the voting was as
follows:
Yes: Aldermen: Bentley, Powie, Dabbs, Horton, Leggett, Rodgers, Smith, and ~deis.
No: None.
Mr. Bob Cosgrove presented a lease for an acre of land in Worthington Park for site for
construction of a new Boys' Club. Length of the lease, option, amount to be paid, default,
permission for use by girls, and operation tinder the auspices of the Boys' Clubs of America
were discussed. Mayor Eden advised he would contact the City Attorney to study the proposed
lease and report at the January 16th Council Meeting.
Mayor Eden reported there have been no requests for the Police Department to escort
negro funerals, however, every effort will be made to assist when requested.
As requested City Attorney Wallin had prepared an ordinance entitled "An Ordinance In
Pursuance Of The Authority Granted By The Legislature Of The State Of Arkansas In Act No. 167
of 19l~7; Creating A Port Authority Of The City Of West Memphis, Arkansas, And For Other
Purposes" which was read the first time. Motion was made by Alderman Dabbs seconded by
Alderman Rodgers to approve the first reading of the ordinance. Upon vote, the voting was as
follows:
Yes: Alderman: Bentley, Bowie, Dabbs, Horton, Leggett, Rodgers, Smith, and Weis.
No: None.
Mayor Eden brought to the Council's attention the terms of appointment of the Board Members
and several names were suggested.
The following proposal from E11ers And Reaves, Incorporated was presented:
December 30, 196E
The Honorable R. E. Eden
Mayor, City of West Memphis
i^Test Memphis, Arkansas
Dear Mayor Eden:
This letter is in furtherance of the meeting regarding possible port development called by you
in West Memphis on December 4, 1968. In accordance with that meeting a statement of Professional
Scope of Services for consideration by you and your associates follows: The words CLIENT as used
below refers to your group and will, of course, apply to a Port Authority if formed; the words
PLANNER-ENGINEER refer to this firm.
SCOPE OF SERVICES:
1. Objective. The objective is to provide a specific and written description of the port
development opportunities for West Memphis and its surrounding area in sufficient detail to
develop sources of funds which will make it possible to analyse and justify action in depth in
the near future. The objective includes:
a. Specific Justification and Information for an application for planning (study and report)
funds and/or a technical assistance grant processed to appropriate Federal agency (ies) through
the Northeast Arkansas Economic Develpment District.
b. Opportunity Orientation designed to provide justification and supporting information,to
take advantage of any additional opportunity in the way of new programs for funds at the State or
Federal level.
2. The Planner-Engineer will diligently pursue the above objective, always with the best interest
of the CLIENT foremost, by:
a. Assembling Information and Data pertinent to the objective. This includes inland water
transportation growth patterns, the relationship of those patterns to other modes of transportation,
and to economic and job producing factors, the regional growth of inland water transportation, the
rate o£ exhaustion of suitable water front sites in the area, factors which tend to emphasize full
circled development in the area, and other similar physical, economic and socialogical justifying
data.
b. Analysing and Arrangig the above information in a form designed to state the facts
accurately and, at the same time, enhance the probability of a successful application. This
includes statements showing probable and actual projects relationship to research, to other
local and regional planning, to other projects, in addition to the economic and job producing
impact of the project, and follow-up and support efforts required.
c. Emphasizing basic and unique elements of port development in the area. Past inland port
development has been based on established materials handling systems. These systems have been
consistant with other material handling systems such as those used at salt water transfer points,
those used by the railroads, those used by the truck lines, and even those used by the air lines.
Recent changes in the direction of piggyback operation and containerization as well as streamline
paper work and computerized transportation systems have dictated corresponding changes in all
modes of transportation except that associated with inland water traffic. It would be part of the
work element to define the need for a planning or technical assistance grant associated with a
study and report on the need for revision in the materials handling systems at inland ports
designed to keep them from becoming a bottleneck in an otherwise streamlined intermodal trans-
portation system. This is believed to be a prime justification for a grant.
d. Recommending general size, scope, nature, phasing, and cost of port development. All
subject, of course, to further clarification and analysis as a result of the proposed detailed
study and report for which funds are sought.
e. Printing and Binding a report to accompany the application and to provide OPPORTUNITY
ORIENTATION for the CLIENT.
3~'
f. Completing the work in 60 days after instructions from the CLIENT to proceed
subject to agreement as provided by signature below.
3. THE CLIENT will:
a. Pay fee of $500.00 to be billed at the time the completed report is delivered and
to be paid in thirty (30) days.
b, Pay the actual cost of printing and binding copies of the report if more than
fifteen (15) copies are desired by the CLIENT.
Please contact me by letter or telephone if you wish to discuss any part of this proposal
or if you have changes Srou would like to suggest for consideration.
If you find this proposal satisfactory in its present form, then indicate so by signing
both executed copies and returning one to us. Immediately upon receipt of the signed copy,
we will commence work and will complete same within approximately two months.
Very truly yours,
P?arvin L. Jacobs, P.E.
Vice President
After discussion, motion was made by Alderman Rodgers, seconded by Alderman Bentley: That
the Mayor be instructed to enter into Agreement as presented with Ellers & Reaves. Upon roll
call, the voting was as follows:
Yes: Aldermen: Bentley, Bowie, Dabbs, Horton, Leggett, Rodgers, Smith, and l~Jeis.
No: None.
Mayor Eden informed the Council of tentative plans for street work during 1969 as
fo7_lows: The widening and placing necessary culverts on Barton, if possible work out
something on construction of Goodwin Street near Maddux School, resurface Avalon south to
Hulbert, Barton to Pearce approximately the•,Bayou. Alderman Horton stated street repairs are
needed on E. Barton between McAuley and 18th, and the waterhole at Rosewood Methodist Church.
Alderman Rodgers requested information on two bad places on Ingram Blvd., and T,uas advised by
the Mayor that the Highway Department is to do the work next to Broadway, and the City is to do
the construction by the Bayou.
T?ayor Eden appointed Aldermen Bentley, Horton, Leggett, and Rodgers as members of the
Firemen~s Board for a period of 90 Days; and Aldermen Bowie, Dabbs, Weis, and Smith as members
of the Police Board for a period of 30 days and advised the Police Board will meet at 2 P.M.
every 3rd Thursday of each month.
Alderman Smith presented a proposal to the Council that Fire and Police Commissions be
established by law, and moved that ordinance be prepared resolving: That Fire and Police
Commissions be established for the City of West r;emphis to meet not less than once a month.
The Commissions to consist of ~t Aldermen, appointed by the Mayor for a 1 year term. 3 members
must be necessary to constitute a quorum. Each commission shall select its own Chairman and
secretary, who shall keep minutes of its proceedings. The purpose of the commissions shall be
as fo17_ows:
1. Review actions of dismissal, promotions, and hiring of personnel
2. Recommend policies and procedure for housing and feeding prisoners
3. To hear complaints from citizens on service from the police or fire department
Lt. To question Chiefs of the respective fire and police departments on matters
pertaining to their departments
5• Tc do any other things that is not contrary to State Law or City Law that will be in the
interest of the City of irlest Memphis, pertaining to police or fire department.
The motion was seconded by Alderman Bentley. Upon vote, the voting was as follows:
Yes: Aldermen: Bentley, Bowie, Dabbs, Horton, Leggett, Rodgers, Smith, and Weis.
No: None.
Alderman Smith requested the City Attorney be instructed to prepare the ordinance.
Alderman Rodgers presented the following motion: That the City Council go on record
to reinstate James L. Williams and Correll Jackson with back pay to their former position.
Reason for request both men stood trial on charges and were acquitted, and that they have
a hearing before the Police Commission as to their qualifications. The motion was seconded
by Alderman Smith. After discussion, the roll call vote was as follows:
Yes: Aldermen: Bentley, Bowie, Horton, Leggett, Rodgers, and Smith.
D?o: Alderman: Weis.
Aldeiran Dabbs abstained from •.vting.
4
to the Council:
(Letter copied as written)
January 2, 1969
UJest Memphis, Arkansas 72301
TO THE CITY COUNSEL
^Jest Memphis, Arkansas
Gentlemen:
I request an investigation into the following: (a) Persons being arrested and not going to
trial.
I base this request on the following statement. In the approximate three (3) years I worked
for the Police Department, I arrested a large number of persons who never came to trial. In fact,
some of these people were released from jail without making any type of bond and their names never ap
on the court docket. Some of these people were arrested en charges of D.W.I., drunk in automobiles
and carrying concealed weapons, etc., I ask that this investigation be conducted by the £ull counsel.
I further request an investigation into the treatment being received by the prisioners in the
City Jail. It is my understanding in some cases, prisioners have been neglected when in need of
medical attention. In one case a prisioner, while working on the work crew, became ill and was
returned to the jail. At the time this prisioner was returned to the jail, the jailer on duty
notified the proper official of the prisioner's condition. The prisioner was found dead, in his
cell a few hours later. The prisioner did not receive any medical attention prior tc his death.
I also request an investigation into the Promotional Policies of the Police Department.
This request is based cn the fact that at this time, the Police Department employs a police officer
who holds the rank of Lieutenant. This officer has been a member of the Police force for approxi-
mately two (2) years. Prior to becoming a member of the West Memphis Police Department, this officer
was for eight (8) years a member of the Memphis Police Department. Throughout this period of time,
this officer remained a patrolman. As members of the City Counsel I am sure each of you are aware
that the Memphis Police Department is under Civil Service. Under this service, each officer has
the same chances for promotions after five (5) years of service the office is qualified to take an
ability test. If the officer passes the test he is automatically promoted to the rank of Lieutenant.
It is my understanding that the above mentioned officer was fired from the Memphis Police Department
after gaining employment with the West Memphis Police Department under Chief Young, this officer has
received two (2) promotions in the approximate two (2) years of his employment. He has been promoted
over a number of men who have had more time and experience with the West Memphis Police Department.
I would also like to state to the Counsel that to my knowledge four (1t) or more police officers
were either sued or garnished iwhile employed in 1968 as police officers by the City of West Memphis.
I further state these officers were not suspended nor fired from the Police Department. Since this
action was taken against these officers, two or more have been promoted in rank in the Department.
Very truly yours,
JAMES R. in1ILLIAA?S
Thereupon, motion was made by Alderman Bentley: That there be an investigation by the full
Council. The motion was seconded by Alderman Rodgers. Upon vote, the voting was as follows:
Yes: Aldermen: Bentley, Bowie, Dabbs, Horton, Leggett, Rodgers, and Smith.
No: None.
Alderman Weis abstained from voting.
During further discussion of the matter, Alderman Bentley moved an amendment be made to
his motion as follows: That the investigation be conducted in closed session upon call of the
Mayor before February 1st, call Police Department, and both, sides to bring witnesses. The
motion was seconded by Alderman Smith. Upon roll call vote, the voting was as follows:
Yes: Aldermen: Bentley, Bowie, Dabbs, Horton, Leggett, Rodgers, and Smith.
No: Alderman Weis.
Alderman Rodgers presented the following request: Require Mayor to inform Department
heads that in the future they shall be required to seek lowest prices available in all city
purchases, and when they knowingly contract to pay retail for goods that the City could
obtain wholesale then they will be called in before the City Council and asked to explain
why they are wasting taxpayers money, and will be subject to removal from office if proven
guilty.
No further business being presented, the meeting was adjourned.
ATTE
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CITY C~
OVED: JAN[JARY 16 1 0
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MAYOR