January 16, 19695
MINUTES OF THE N~ETING OF THE CITY COUNCIL OF TfLu, CITY OI' titi'EST NEMPHIS, ARKANSAS,
HELD ON THE' 16TH Y OF JANUARY. 19F,9_
_. .
The City Council of the City cf West Memphis, Arkansas, met in regular session at its
regular meeting place in ?^lest P?emphis, Arkansas, at 3:00 o'clock P.i?. on the 16th day of
January, 1969. The fcllowing were present: P.ayor Bob Eden, presiding, and Aldermen:
R. C. Bowie, II. R. Dabbs, Pritchard Horton, Kirby Leggett, C. T. Rodgers, R. L. Smith, and
R. T. Bentley; and City Attorney R. E. ~Ja11in.
Absent: Alderman F. C. `leis.
It being determined a quorum was present, the following proceedings were had tc-wit:
The second reading of an ordinance pertaining to the closing o£ a portion of 24th Street
was the first matter presented. Attorney C. E. Nance, Jr ., representing the petitioners for
vacati_r_g the street; Pir. Frank cdhittington,.purchaser of the property, and his Attorney,
V. E. Skillman, ~Tr.; and Mr. Robert Fallis, opposing the closing of.~the street, and his
Attorney, J. H. Spears were present; Ordinance No. 412, Section 4.42 regulations for minimum
and maximum block lengths, vacating of Gathings Street and construction of 24th Street 200 feet
east of present location, development of the .area, location and value of property, and ingress
and egress to surrounding property were discussed with the petitioners and those protesting.
Thereupon, motion was made by Alderman Rodgers, seconded by Alderman Horton: That the Council
proceed with the second reading o£ the ordinance closing the street. Upon vote, the voting was
as follows:
Aye: Aldermen: Bowie, Dabbs, Hortcn, Leggett, Rodgers, Smith, and Bentley.
No: None.
The ordinance entitled "An Ordinance To Vacate The Alley Extending Through Block 9 Of
The wheeler Subdivisicn To The City Of ldest Memphis; To Vacate The Alley Extending Through A
Portion Uf Block d Of The Wheeler Subdivision To The City Of West Memphis; To Vacate That
Portion Of 24TH Street Situated Between Blocks 8 And 9 Of The 1~2heeler Subdivision To The City
Of West Memphis; And To Retain A Permanent Utility Easement Through Blocks 8 And 9 Of The
hdheeler Subdivision To The City Of west Memphis; And For Other Purposes° was read by City
Attorney R. E. rJallin. Upon roll call vote on the second reading of the ordinance, the voting
was as follows:
A,ye: Aldermen: Bowie, Dabbs, Horton, Leggett, Rodgers, Smith, and Bentley.
No: None.
Playor Eden announced the ordinance had passed on the second reading.
Mr. Lindsey J. Fairley, Attorne3* for the Y,Iest Memphis Urban Renewal Agency, informed the
Council a Cooperation Agreement to be entered into between tYr Urban Renewal_ Agency and the City
of West T?emphis for carrying out the Neighborhood Development Program has been received from
Donald S. Planes & Associates, Inc., Planning Consultants. The Agreement read as follows.:
COOPERATION AGREEMENT
STATE OF ARKANSAS
COUNTY OF CRITTENDEN
THIS AGREEMENT, made and entered into this 16th day of January, 1969, by and between the
Urban Renewal Agency of the City of West Memphis, Arkansas (hereinafter referred to as the
"Agency"), and the City of West Memphis, Arkansas, a municipal corporation (hereinafter
referred to as the "City").
'~rTITNES SETH
WHEREAS, the Agency is a public body corporate and politic, created by the laws of the State
of Arkansas pertaining thereto, specifically Act 40 of the Acts of the General Assembly of the
State of Arkansas for the year 1961, and is transacting business and exercising the powers granted
by said laws; and
~~1I-IEREAS, the Agency with the aid and cooperation of the City proposes to undertake and
carry out a Neighborhood Development Program in the City of West Memphis, Arkansas in accordance
with the Urban Renewal Plan therefor, approved by the City Council, and bearing date of
October 15, 1966, and pursuant to the provisions of the laws of the State of Arkansas as herein-
above referred to: and
WHEREAS the Agency proposes to enter into a Loan and Grant Contract with the Department of
Housing and Urban Development, an agency of the United States of America, providing for financial
assistance pursuant to Title I of the Housing Act of 1949, as amended, for the purpose of carrying
out the provisions of the Urban Renewal Plan, as follows:
(1) A loan in an amount sufficient to enable it to defray the gross cost of the Program,
the amount estimated to be X460,700;
(2). A Project Capital Grant in the maximum amount available for the Program;
(3) A relocation grant in the maximum amount available for the Program;
(4) A rehabilitation grant in the maximum amount available to the Program; and
WHEREAS the City desires to provide "local grants-in-aid" in connection with said Project
and has heretofore indicated its intention to do so in a resolution approving said Urban Renewal
Plan for said Neighborhood Development Program;
PI047, THEREFORE, in consideration of the mutual covenants hereinafter set forth the Agency
and City agree as follows:
1. AGENCY
(a) The Agency agrees (1} to carry out and fulfill the proposed Loan and Grant Contract
specifically between it and the United States of America, acting by and through the Secretary of
Housing and Urban Development; and (2) to proceed diligently and forthwith with all necessary actions,
works and undertakings to carry out the proposed and approved Neighborhood Development Pz~ogram in
the Nest Plemohis NDP Urban Renewal Area, which is described herein on Exhibit I, Boundary Description,
attached hereto and made a part of this Agreement.
2. CITY
The City of West Memphis agrees, pursuant to and within the procedures required by all
applicable State laws, City Charter and ordinances, to provide local grants-in-aid and to cooperate
otherwise in the undertaking, carrying out and completion of said Neighborhood Development Program
in accordance with the approved Urban Renewal Plan therefor, in all respects including, but not
limited to, the following:
(a) The City obligates itself to take all necessary steps to appropriate properly and to
contribute to the Agency any monies which may accrue or come into its hands from any source which
shall be proposed by the City as a cash contribution to the project, if any, such monies to be
deposited in the project expenditures account maintained by the Agency in connection with the
Neighborhood Development Program.
(b) It is understood that the City of West Plemphis is obligated to the payment of one-fourth
of the Net Cost incurred in connection with the undertaking, carrying out, and completion of said
Neighborhood Development, Program. In this connection the City proposes non-cash local grant-in-aid
credit to be allowed £or the School District's recent construction of an addition to the Wonder High
School in an amount sufficient to satisfy the City's required share in the net cost of the first
year's program under the Neighborhood Development Program.
(c) The City agrees that if, upon calculation of the local share at the close of the first
year or subsequent years, the sum of approved tax credits and approved non-cash grants-in-aid is
less than the required local share, the City will provide the balance in the form of cash.
(d) The City agrees to accept dedication of all streets, alleys and other rights-of-way to be
constructed and improved in accordance with the Urban Renewal Plan.
(e) The City agrees to enforce by proper action the provisions of all municipal codes and
ordinances relating to the health, welfare, safety, good living conditions, and the prevention of slum
or blighted areas in the City of West Memphis, and particularly in the above-described urban renewal
area and to continue such enforcement in the interest o£ the continuing success of the Neighborhood
Development Program. The City durther agrees in this connection to zone and rezone, as may be
appropriate, the urban renewal area in conformity with the Urban Renewal Plan, and not in conflict
with said Plan. The City further agrees to vacate and close such streets, alleys, and other public
rights-of-way as are required to be closed by said Plan and to take such other action as may be
necessary to give full effect to the carrying out of said Urban Renewal Plan.
(f) The City of West Memphis recognizes Title VI of the Civil Rights Act of 1961 and the
regulations and policies of the Department of Housing and Urban Development effectuating said
Title prohibiting discrimination on the grounds of race, color, religion, sex, or national origin
in the policies and practices of any public facilities, educations institution or hospital
responsible for proposed credit to the locality's share of the cost of a Neighborhood Development
Program receiving financial assistance from the United States. The City hereby specifically
agrees that any and all public facilities heretofore constructed and those to be constructed for
which non-cash local grant-in-aid is sought by the City, will be available to and serve all persons
without regard to race, color, religion, sex, or national origin.
IN WITNESS WHEREOF, the City and the Urban Renewal Agency have caused these presents to be
executed and has caused the signature of their duly authorized officers to be attested and the
seal. of such respective public bodies to be affixed on the date hereinabove first provided.
;4;-;FsY'~-3Y;
PTr. Fairley stated the Urban Renewal Agency had authorized execution of the Agreement.
A Resolution authorizing the Mayor to enter into the Agreement was presented for consideration
by the Council. Ater discussion of the Cooperation Agreement and the Resolution, motion was
made by Alderman Smith, seconded by Alderman Leggett: That the Resolution be adopted as presented.
Upon vote, the voting was as follows:
Aye: Aldermen: Bowie, Dabbs, Horton, Leggett, Rodgers, Smith, and Bentley.
No: None.
The Resolution read as follows:
RESOLUTION N0. 356
RESOLUTION OF THE CITY COUArCIL AUTHORIZING THE MAYOR TO ENTER INTO A COOPERATION AGREEMENT WITH
THE `v1F.ST MEMPHIS URBAN RENEWAL AGENCY FOR CARRYING OUT THE NEIGHBORHOOD DEVELOPMENT PROGRAM
WHEREAS it is necessary and in the public interest that the Urban Renewal Agency of the
City of West Memphis avail itself of the financial assistance provided by Title I of the Housing
Act of 19~S, as amended, to carry out urban renewal activities in accordance with the Neighborhood
Developrent Program; and
?^WEREAS in order to obtain a Federal contract for financial assistance, it is necessary
that the City and the Urban Renewal Agency enter into a Cooperation Agreement under which the
Urban Renewal Agency would carry out urban renewal activities and convey certain parcels of
land to the City; and under which Agreement the City would agree to take title to certain
parcels of land, to cooperate with the Urban Renewal Agency, and to make provision for financial
assistance to the Urban Renewal A~ency in amounts not less than one-quarter of the net .,project
cost under the Neighborhood Development Program; and
YIHEREAS there has been presented to this meeting a proposed Cooperation Agreement between
the City and the Urban Renewal Agency which, after x•eview, is found to be acceptable for the
purposes of providing the project with financial assistance:
Pd041, THEREFORE, EE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST P9ENiPHIS:
1. That the Mayor and the City Clerk be, and hereby are, authorized and directed to enter
into the proposed Cooperation Agreemat with the Urban Renewal Agency of the City of 6Jest Memphis.
2. That this resolution. shall take effect immediately.
;f4EiFiY.f~E
Attorney J. Ii. Spears brought to the Council's attention the issuing of 1969 privilege
license and compliance of sanitary requirements for the sale of fish. State Department of
Health regulations, clarification of requirements for fish markets and rough fish peddlers,
health hazards, and the report of the committee appointed in 1968 to study the matter were
discussed. The City Attorney was requested to investigate requirements for the sale of fish.
^lallace Caradine, Vice President of the L~Jest Memphis Neighborhood Action Committee,
requested the City furnish a building and utilities for a service center to be operated to
assist people to qualify and train for employment. Mayor Eden stated he taould look into the
matter.
Robert Cosgrove, President of the 'rlest Memphis Boys Club, presented a lease for
approximately cne acre of uJorthington Park where a new Boys Club building is to be constructed.
After discussion of the lease and resolution nertaini.ng to authorization of the lease, motion
was made by Alderman Dabbs, seconded by Alderman Smith: That the resolution as presented be
adopted. Upon vote, the voting was as follows:
Aye: Aldermen: Bowie, Dabbs, Horton, Leggett, Rodgers, Smith, and Bentley.
Nc: None.
The resolution read as follows:
RESOLUTION N0. 357
TidPiEREAS, the City Council of the City of ,Jest Pemphis has considered entering into a
lease agreement wit3i the G1est Plemphis Boys Club for approximately a one acre tract of land
located in ?vorthington Park in the City of nest Memphis, Arkansas, and
WI-IEREAS, the West P4emphis City Council has determined that the interests of the
West Memphis Boys Club and the City of West Piemphis would be benefically served by entering
into a lease agreement with the ldest Memphis Boys Club, and
~JHEREAS, a copy of the lease agreement between the ?Jest P4emphis Boys Club and the City
of trlest Memphis is attached hereto, and made a part hereof as though same were set out in
detail herein.
NOGJ, THEREFORE, BE IT RESOLVED by the City Council of the City of West Memphis that the
Mayor and the Clerk of the City of ?^lest Memphis is hereby authorized and directed to execute
a lease agreement between the City of Ulest Memphis and the V1est P4emphis Boys Club, a copy of
which is attached hereto and made a part hereof as though same were set out in complete detail
and made a part hereof.
,:-;~;:-x-;;
As previously instructed City Attorney 1^lallin presented commemorative resolutions for
Aldermen Haley and Matthews. Motion was made by Alderman Smith, seconded by Alderman Bentley:
That• dispense with .reading the resolutions, and adopt as prepared. Upon vote, the voting was
as follows:
Aye: Aldermen: Bowie, Dabbs, Horton, Leggett, Rodgers, Smith, and Bentley.
No: None.
The resolutions adopted read as follows:
RESOLUTION N0. 358
4JIIERFAS, Paul Matthews has served as a member of the City Council of the City of 'nest Memphis,
Arkansas; and
WHEREAS, during this tenure of office, Paul Matthews has Faithfully performed his duties as a
member of the West Alemnhis City Council; and
iJI-IEREAS, Paul Aatthews has discharged his duties as a member of the West Memphis City Council
with diligence; and
Tr1HEREA5, the City of West Td~mphis and the citizens residing therein have greatly benefited
by t•he devoted services and civic,interesis of Paul Matthews;
NO?a, THEREFORE, BE IT RESOLVED BY TIC CITY COUPICIL OF THE CITY OF WEST MF~IPHIS that the City
toes express its official and sincere appreciation of Paul Matthews for a job well done as a
member of the :•lest Memphis City Council and order that this Resolution be made a part of the
official minutes of this meeting and that a copy thereof be delivered to Mr. Paul Matthews.
RESOLUTION AIO. 359
'fdHEREAS, O. C. "Sonny" Haley has served as a member of the City Council of the City of
West Memphis, Arkansas; and
WHEREAS, during his tenure of office, 0. C. "Sonny" Haley has faithfully performed his
duties as a member of the 4dest Memphis City Council; and
:AREAS, 0. C. "Soru~y" IIaley has discharged his duties as a member of the idest Memphis City
Council with diligence; and
WHEREAS, the City of l,lest Memphis and the citizens residing therein have greatly benefited
by the devoted services and civic interests of 0. C. "Sonny" Haley.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF 1dEST MEMPHIS that the
City does express its official and sincere appreciation of 0. C. "Sonny" Haley for a job well
done as a member of the West Memphis City Council and order that this Resolution be made a
part of the official minutes of this meeting and that a copy thereof be delivered to Mr. 0. C.
"Sonny" Haley. ~;,t
An ordinance entitled "An Ordinance In Pursuance Of The Authority Granted By The
Legislature Of The State Of Arkansas In Act No. 167 Of 19~t7; Creating A Port Authority
Of The City Of West Plemphis, Arkansas, And For Other Purposes" was read the second time
by City Attorney Wallin. Motion was made by Alderman Rodgers, seconded by Alderman Bentley:
That the second reading of the ordinance be approved. Upon vote, the voting was as follows:
Aye: Aldermen: Bowie, Dabbs, Horton, Leggett, Rodgers, Smith, and Bentley.
No: None.
Mayor Eden brought to the Council's attention the sending of Fire Department equipment
to areas adjacent to the city limits when critical situations exist. The responsibility for
sending the equipment, policy service clauses, jeopardizing the Fire Rate classification were
discussed, and City Clerk DeGraff was requested to contact the Fire Rating Bureau.
As requested on December 19th, City Attorney Wallin presented the following legal opinion
on civil service for the Fire and Police Departments:
Playor Bob Eden and Members of City Council
Gentlemen:
Reference is made to the meeting of the 41est Iwlemphis City Council of December 19, 1968, at
which time our office was requested to render a legal opinion on the question of whether or not
there was legal statutory authority under the Arkansas law concerning Civil Service, to enact
Civil Service for the Fire and Police departments of the City of West Memphis, Arkansas, First of
all, there must be statutory authority, for there is no common law authority for Civil Service in
this state.
The statutory law in this state concerning Civil Service is eet forth in Arkansas
Statute Annotated, Volume 2B, in Chapters 13, 14, 15 and 16 respectively. In this regard,
I must point out that Chapter 13 provides authority for Civil Service only in those cities
with a population based on the last Federal Census taken, of 75,000 or over. Obviously,
this chapter has no application to the City of ldest Memphis. Chapter ].li heretofore referred
to, provides for the enactment of Civil Service in cities of the first class in the State of
Arkansas with a population of 20,000 or more but less than 75,000, according to the last
Federal Census, however, this chapter specifically states that it shall apply only to non-
uniformed employees of a city. This is ~t forth in no uncertain terms in Chapter 11~,
specifically in Ark. Stat. 19-1l~19, and by its terms this chapter does not and cannot apply
to the Fire and Police Departments of the City of 'Rest Memphis, who are considered uniformed
employees. Chapter 15 providing Civil Service in cities of 20,000 or more and in counties of
100;000 or more, according to the last Federal Census also specifically provided that the Act
would not apply to Police and Fire departments of any city in the State of Arkansas, and
further, that Act was completely repealed and abolished by Act No. 221 of the 1963 Acts of
Arkansas. Obviously this section wculd therefore not apply to the City of l~Jest Memphis.
The on]p remaining chapter is Chapter 16 under the Arkansas Civil Service Acts which
was specifically set forth in Ark. Stat. 19-1601, as well as Act No. 28 of the 1933 Acts of
Arkansas. That act provided for Civil Service in cities of the first class in the State of
Arkansas which had organized fire departments and police departments. If that Act were still
the law of this state, the conclusion of this opinion would be entirely different insofar as
statutory authority for Civil Service under the Civil Service laws of Arkansas for the City
of 47est Memphis is concerned. As previously stated however, Act 28 of 1933 was repealed and
abolished by Act ss~t of the 1953 Acts of Arkansas. The remaining statute, 19-1601.1, provides
in part as follows, "In all cities of the first class now having a Civil Service System or
systems the city council shall by ordinance name five upright and intelligent citizens of the
respective cities as a board of civil service commissions for the police and fire departments
of the respective cities..." The clear language of this section specifically applies to those
cities of the first class "now having a civil service system", and obviously the City of
4Jest 1`".emphis does not at this time have a Civil Service system, therefore this act would have
no application according to its language.
Therefore, the conclusion and opinion of this office is, that under the existing Civil
Service laws of the State of Arkansas, we therein find no statutory authority for a Civil
Service System for the City of 41est Memphis, Arkansas, until said city can meet the requisites
of population, etc. as set forth heretofore in order to fall within one of the above mentioned
classifications authorizing civil service. Moreover, it was apparently the intention of the
General Assembly of Arkansas to place certain requirements under law that a city must comply
with before these statutes would authorize Civil Service. This is clearly indicated by the
action taken by the Arkansas Legislature in abolishing and repealing Act 28 of 1933.
Very truly yours,
R. E. tidALLIN
CITY ATTORNEY
',Y.t-7Y.HF
Mayor Eden appointed a committee of Aldermen Smith, Rodgers, and Bentley to conduct the
Police Investigation. Thereupon, the original motion for the conducting of an investigation
was read, and motion was made by Alderman Smith, seconded by Alderman Bentley: That Alderman
Bowie be Chairman of the police investigation to be conducted by the entire Council. Un_on
vote, the voting was as follows:
Aye: Aldermen: Dabbs, Horton, Leggett, Rodgers, Smith, and Bentley.
No: None.
Alderman Bowie abstained from voting.
City Attorney Wallin requested the Hearing be an open meeting, thereupon, Alderman Bentley
moved his motion of January 2, 1969, be amended to read "that the investigation be conducted in _
an open session upon call of the Aiayor before February 1st, call Police Department and both
sides to bring witnesses: The date of the hearing was set for 3:00 P.M. Thursday, January 23, 1969.
The City Attorney presented ordinances for establishing Police and Fire Commissions as
requested on January 2, 1969.
Alderman Smith introduced an ordinance pertaining to creation of vilest Memphis Police
Department Commission, and the City Attorney read the ordinance in full.
Alderman Leggett, seconded by Alderman Bentley, moved that the rule requiring the reading
of an ordinance in full on three different days be suspended and that the ordinance be placed on
its second reading. The P~Iayor put the question on the adoption of the motion and the roll being
called, the following voted:
Aye: Aldermen: Bowie, Dabbs, Horton, Leggett, Rodgers, Smith, and Bentley.
No: None.
Thereupon the N`_ayor declared that at least two-thirds of all members of the Council having
voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended.
The ordinance was then read the second time by the City Attorney.
Alderman Dabbs, seconded by Alderman Horton then moved that the rule requiring the
reading of an ordinance in full on three different days be further suspended and that the
ordinance be placed on its third reading. The Mayor put the question on the adoption of
the motion and the roll being called the following voted:
Aye: Aldermen: Bowie, Dabbs, Horton, Leggett, Rodgers, Smith, and Bentley.
PIo: None.
The mayor declared that at least two-thirds of all members elected to the Council having
voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended.
The ordinance was then read the third time by the City Attorney.
Alderman Rodgers, seconded by Alderman Horton, moved that the ordinance be adopted. The
question was put by the P•7ayor on the adoption of the motion and the roll being called, the
following voted:
Aye: Aldermen: Bowie, Dabbs, Horton, Leggett, Rodgers, Smith, and Bentley,
P1o : None .
Alderman Smith, seconded by~Alderman Leggett, moved that Section Il, the emergency clause
be adopted, and on roll call the following voted:
Aye: A ldermen: Bowie, Dabbs, Horton, Leggett, Rodgers, Smith, and Bentley.
No: None.
The Mayor thereupon declared the ordinance and the emergency clause adopted and signed the
ordinance which was attested by the City Clerk and impressed with the seal of the City. The
ordinance was given No. 587.
The ordinance read as follows:
ORDINANCE N0. 587
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARK0.NSI~S:
Section 1. West Memphis Police Department Commission Created: There is hereby created an
established the blest Memphis Police Department Commission.
Section 2. Members: The 'nest Memphis Police Department Commission shall consist of four
members who shall be appointed by the P"ayor and who shall all be members of the West Memphis City
Council, and said Commissioners shall serve for a period of one year from the time of their
appointment by the Mayor. Three members of the commission heretofore appointed aha17_ be necessary
to constitute a quorum for the transaction of any business which may come before the commission.
The commission shall elect one of its own members to serve as chairman and shall further elect one
of its own members to serve as secretary of said commission, both the chairman and secretary serving
in this capacity for a pex•iod of one year, respectively. Further, the secretary shall keep an
accurate record of all meetings•®f the :Jest Memphis Police Department Commission, which record shall
be attested by the secretary of said commission and shall be kept in a minute book for this purpose.
Section 3. Purpose of Commission: The Commission may review actions of dismissal, promotions,
and hiring of personnel of the blest Memphis Police Department; hear complaints From citizens on
service from the b~7est Memphis Police Department; question the Chief of the 17est Memphis Police
Department on matters pertaining "to the Blest Memphis Police Department; recommend policies and
procedures for the housing and feeding of prisoners; and, take any other lawful action authorized
the state of Arkansas or the City of GTest Memphis that may be in the interest of the West A.emphis
Police Department.
Section 4. EMERGENCY CLAUSE: It is found and determined by the City Council of the City cf
'.lest Memphis, Arkansas, that this Ordinance is immediately necessary for the safety and welfare
of the inhabitants of the City of t,Jest Memphis, Arkansas, and an emergency is hereby declared to
exist and this ordinance shall be in full force and effect from and after its passage.
Alderman Bowie introduced an ordinance pertaining to the creation of the West Memphis Fire
Department Commission, and the City Attorney read the ordinance in full.
Alderman Hcrten, seconded by Alderman Rodgers mo~~ed that the rule requiring the reading of
an ordinance in full on three different days be suspended and that the ordinance be placed on
its second reading. The Mayor put the question on the adoption of the motion and the roll being
called, the following voted: •
A}re: Aldermen: Bowie, P.abbs, Horton, Leggett, Rodgers, Smith, and Bentley.
No: None.
Thereupon the i?aver declared that at least two-thirds of all members of the Council having
~roted in favor of the motion to suspend the rule, the motion was carried and the rule suspended.
The ordinance *.•ras then read the second time by the City Attorney.
Alderman Dabbs, seconded by Alderman Bentley then moved that the rule requiring the reading
of an ordinance in full on three different days be further suspended and that the ordinance be
placed on its third reading. The Mayor put the ques~ion on the adoption of the motion and the
roll being called the following voted:
Aye: Aldermen: Bowie, L`abbs, Horton, Leggett, Redgc-rs, Smith, and Bentley.
i1
The I4ayor declared that at least two-thirds o£ all members elected to the Council having
voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended.
The ordinance was then read the third time by the City Attcrney.
Alderman Leggett, seccnded by Alderman Smith, moored that the ordinance be adopted. The
question was nut by the T~":aycr on the adoption of the motion and the roll being called, the
following voted:
Aye: Aldermen: Bowie, Dabbs, Horton, Leggett, Rodgers, Smith., and Bentley.
P1o : None .
Alderman Bowie, seconded by Alderman Horton, moved that Section 4, the emergency clause be
adopted, and on roll call the following voted:
Aye: Aldermen: Bowie, Dabbs, Horton, Leggett, Rodgers, Smith, and Bentley.
No: None.
The P•".ayor thereupon declared the ordinance and the emergency clause adopted and signed the
ordinance, which was attested by the City Clerk and impressed with the seal of the City. The
ordinance was given No. 588.
The ordinance read as follows:
ORDINANCE ATO. 588
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MII~IPHIS, ARKANSAS:
Section 1. blest Memphis Fire Department Commission created: There is hereby created
and established the West Memphis Fire Department Commission.
Section 2. Members: The blest r:emphis Fire Pepax•tment Commission shall consist of four
members who shall be-appointed by the Mayor and who shall al.l be members of the G1est Plemphis
City Council, and said commissioners shall serve for a period of one year from the time of
their appointment by the Mayor. Three members of the commission heretofore appointed shall be
necessary to constitute a quorum for the transaction of any business which may come before the
commission. The commission shall elect one of its own members to serve as chairman and shall
further elect one of its own members to serve as secretary of said commission, both the
chairman a.nd secretary serving in this capacity for a period cf one year respectively. Further,
the secretary shall keep an accurate record of a17. meetings of the West Memphis Fire Department
Commission, which record shall be attested by the secretary of said commission and sha7.1 be kept
in a mimite book for this purpose.
Section 3. Purpose of Commission: The Commission may reuiew actions of dismissal, promotions,
and hiring of personnel of the blest Memphis Fire Department; hear complaints from citizens on
service from the West Memphis Fire Department; question the Chief of the ?atest Memphis Fire Department
on matters pertaining to the blest Memphis Fire Department: and, take any other lawful action
authorized by the State of Arkansas or the City of Z^lest Plemphis that may be in the interest of the
West Memphis Fire Department.
Section 4. EME;RGEDICY CLAUSE; It is found and determined by the City Council of the City
of iJest 1`iemphis, Arkansas, that, this Ordinance is immediately necessary for the safety and
welfare of the inhabitants of the City of West Memphis, Arkansas, and an emergency is hereby
declared to exist and this ordinance shall be in full force and effect from and after its passage.
P•~ayor Eden appointed Aldermen Dabbs, Weis, Leggett, and Bowie as members of the Police
Ccmmission, and Aldermen Smith, Rodgers, Bentley, and Horton members of Fire Commission.
A budget committee meeting was announced For 1:00 P,g;., January 23, 1969.
No further business being presented, the meeting was adjourned.
1A 0
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APPROVED: F'I±.BRUARY 6, 1969