April 3, 1969~~~~
MINUTES OF THE MEETINC3 OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS,
HELD ON THE 3RD DAY OF APRIL. 1969.
The City Council of the City of West Memphis, Arkansas, met in regular session at its
regular meeting place in Weat Memphis, Arkansas, at x:30 o'clock P.M. on the 3rd day of
April, 1969. The following were present: Aldermen: R. T. Bentley, R. C. Bowie, H. R. Dabbs,
Pritchard Horton, Kirby Leggett, C. T. Rodgers, R. L. Smith, and F. C. Weis; and City Attorney
R. E. Wallin.
Absent: Mayor Hob Eden.
The meeting was called to order by City Clerk Charles F. DeOraff. Motion was made by
Alderman Smith, seconded by Alderman Dabba: That Alderman Tilden Rodgers be elected
Mayor Pro Tempore. Upon vote, the voting was, as follows:
Ayes: Aldermen: Bentley, Bowie, Dabba, Horton, Leggett, Smith, and Weis.
Nays: None.
Alderman Rodgers abstained from noting.
Minutes of Council Meetings on March 13 and 20th were approved as read.
The first order of business was hearing on vacating all of 24th Street lying north of the
north. line of the right-of-way of U. S. Highways 61, 63, 6l~, I-55 and I-40 to the north line of
Thomas Avenue, petition to vacate having been filed on March 6, and notice published on March 10th
and 18th. Attorney Edward J. Rubena on behalf of the petitioners Chandler Q. Watkins,
Dorothy S. Watkins, Charles F. Safley, and James F. Waggener, the owners of all of the property
abutting upon said'portion of 21~th Street, informed the Council 24th Street deadenda into Thomas
Street which has not been constructed. Mr. Pat Johnson of the Utility Commission informed the
Council there are utility lines in the street, and requested an easement if the street is vacated.
During discussion, motion was made by Alderman Bowie, seconded by Alderman Bentley: That the
hearing be temporarily postponed until the last business of the day. Upon vot®, the voting was
as follows:
Ayes: Aldermen: Bentley, Bowie,. Dabba, Horton, Leggett, Smith, and Weis.
Nays: None.
Mr. Paul M. Mercer presented request for rezoning of Lots 10 and 11, Block 70, Kendal
Subdivision Prom C-5 to RS-5. The Council was informed the Planning Commission had recommended
the rezoning. After discussion, Alderman Smith introduced an ordinance entitled: An Ordinance
To Rezone Certain Zoned Property From C-5 To RS-5 Declaring An Emergency And For Other Purposes:
and City Attorney Wallin read the .ordinance in full.
Alderman Leggett, seconded by Alderman Dabbs moved that the rule requiring the reading of
an ordinance in full on three d egg t days be suspended and that the ordinance be placed on
its second reading. The Mayor/i~ tR~ question on the adoption of the motion aad the roll being
called, the following voted:
Ayes: Aldermen: Bentley, Bowie, Dabbs, Horton, Leggett, Smith, and Weis.
Nays: None.
Thereupon the Mayor Pro Tem 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 role
suspended. The ordinance was then read the second time by the City Attorney.
Alderman Bentley, seconded by Alderman Horton then moved thatihe rule requiring the reading
of an ordinance in full on three differs t d ~~ss be further auepended and that the ordinance be
placed on its third reading. The Mayor/~$ ~S~ question on the adoption of the motion and the
roll being called the following voted:
Ayes: Aldermen: Bentley, Bowie, Dabbs, Horton, Leggett, Smith, and Weis.
Nays: None.
Pro Tem --
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 wsa carried and the rule auepended.
The ordinance was then read the third time by the City Attorney.
Alderman Bowie, seconded by Alderman Weis, moved that the ordinance be adopted. The question
was put by the Mayor Pro Tem on the adoption of the motion and the roll being called, the following
voted:
Ayes: Aldermen: Bentley, Bowie, Dabbs, Horton, Leggett, Smith, and Weis.
Nays: None.
Alderman Smith, seconded by A1deTman Leggett, moved that Section 3, the emergency clause, be
adopted and on roll call the following voted:
Ayes: Aldermen: Bentley, Bowie, Dabbs, Horton, Leggett, Smith, and Weis.
Nays: None.
The Mayor Pro Tem 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. 597.
The ordinance read as follows:
ORDINANCE N0. 597
AN ORDINANCE TO REZONE CERTAIN ZONED PROPERTY FROM C-5 TO RS-5 DECLARING AN EMERGENCY AND
FOR OTHER PURPOSES.
WHEREAS, a petition has been filed with the Planning Commission of the City of
West Memphis, As~ansaa, by Paul M. Mercer, as provided by Ordinance No. l~11 of the City of
bleat Memphis, Arkansas; and
WHEREAS, notice wan duly published on the lath day of March, 1969, that a hearing would
be held by the Planning Commission on the 26th day of March, 1969, at the City Hall for the
purpose of taking action upon said petition and calling upon all interested parties to appear
at such hearing to make known their ob~ectiona, if an3r, in connection with said application
for rezoning of properties hereinafter described; and
WHEREAS, at said meeting and by the petition previously made to the Planning Commission,
it was requested that the following properties, to-wit:
Lots Ten (10) and Eleven (11), Block Seventy (70) of George T. Kendal
Subdivision to the City of West Memphis, Arkansas
be rezoned from present zoning C-5 to zone RS-5, and,
WHEREAS, no persona appeared to offer a protest against the rezoning of said properties
as requested; and
WHEREAS, the Planning Commission recommended to the City Council that said rezoning be
granted.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF WEST MEMPHIS, ARKANSAS:
SECTION I. That the following property, to-wit:
Lots Ten (10) and Eleven (11), Block Seventy (70) of George T. Kendal Subdivision
to the City of bleat Memphis, Arkansas
now zoned C-5 be and the same is hereby rezoned as RS-5.
SECTION II. All Ordinances or parts of Ordinances in conflict herewith are hereby
repealed.
SECTION III. Emergency clause: It is found by the Council that the present zoning of the
above described land is not appropriate for proper and orderly development of the City of
West Memphis and, in order to maintain an orderly system of zoning of districts within the City
of bleat Memphla in keeping with a proper city plan Yor the orderly development of the City, it is
necessary that rezoning of the above described properties be immediately accomplished and, there-
fore, an emergency is found to exist and this ordinance shall be in full force and effect from
and after its passage, approval and publication as required by law.
SECTION IV. COPY OF ORDINANCE FILED FOR RECORD: A copy of this ordinance when duly.
certified by the City Clerk, shall be aub~ect to being filed and recorded in the Office of the
circuit Court Clerk and Ex-Officio Recorder within and for Crittenden County, Arkansas.
Attorney C. B. Nance, Jr. on behalf of Razorback Concrete Company presented the following
Petition to vacate a portion of Oliver Street:
PETITION TO VACATE STREET
Comes Razorback Concrete Company, an Arkansas Corporation, and states:
1. That Razorback Concrete Company is an Arkansas Corporation located in West Memphis,
Arkansas, and is the owner of Lot 1, Block 9 of the Thompson's Third Addition to the City of
bleat Memphis, and Lot 13 of Block 6 of Thompaon's Third Addition to the City of bleat Memphis.
That according to the amended plat of Thompaon'a Third Addition to bleat Memphis, Arkansas, of
record in the office of the Circuit Court Clerk and Ex-Officio Recorder for Crittenden County,
Arkansas, Oliver Avenue extends between said lots. That the portion of Oliver Avenue extending
through Lota 7, 8, 4 and 11 of said Subdivision has been previously closed by action of the City
Council. That the petitioner is the owner of all property abutting on said street. That the
portion of Oliver Avenue affected by this petition extends from the east line of Fourth Street
to the west line of an easement extending through the center of Blocks 9 and 6 of said subdivision.
A copy of the plat of said affected area is hereto attached and marked Exhibit "A", and is made a
part hereof as though net out herein word for word.
2, Petitioner states that the street affected by this petition, and as reflected on the plat
filed, has not been actually used by the public ae a street for a period of over five (5) years.
That said street serves no useful purpose to the landowners or to the public generally.
WHEREFORE, petition prays and respectfully asks that the City Council fix a day for the hearing
of this petition and that the Clerk be required to give notice of such meeting by publication, once
a week for two (2) consecutive weeks as required by law, and that upon proper hearing before the
Council, that portion of Oliver Avenue extending from the east line of Fourth Street, between Lot 1,
9, and Lot 13, Block 6 of said Subdivision, to the West line of the easement extending through Block
9 and Block 6 as herein described, be declared vacated.
Respectfully submitted.
RAZORBACK CONCRETE CCkIPANY,
Petitioner
BY /S/ Cecil B. Na~nce.,~ Jr.
t orney or Petitioner
After discussion, resolution setting date of hearing for May 1, 1969 was introduced
by Alderman Weis, who moved its adoption seconded by Alderman Leggett. Upon vote, the
voting was as follows:
Ayes: Aldermen: Bentley, Bowie, Dabbs, Horton, Leggett, Smith, and Weis.
Nays: None.
The Resolution read as follows:
RESOLUTION N0. 362
WHEREAS, Razorback Concrete Company, a corporation, has filed a petition in proper form,
asking that a portion of Oliver Avenue situated in the City of Weat Memphis be vacated, and
has petitioned the Council to fix a day for hearing and giving legal notice thereof.
NOW, THEREFORE, BE IT RESOLVED, that such petition shall be heard by this Council on the
1st day of May, 1969, and that the City Clerk give notice of such meeting by publication once
a week for two (2) consecutive weeks, his notice stating the name of the petitioner, the
description of the street or portion thereof sought to be vacated, and advising all persons
that may have any interest therein that the Council will hear and determine whether or not
the street named shall be vacated.
Application for Certificate of Public Convenience for West Memphis Cab Company,
co-partnership composed of James Swan, Francis Yates and Maxine (}race wsa filed by
Attorney C. B. Nance, Jr., the application read as follows:
`~a. .
,:.~ ,
-- ~~ -.
APPLICATION
FOR
CERTIFICATE OF PUBLIC CONVENIENCE
WEST MEMPHIS CAB CO. ,
a co-partnership composed of JAMES
SWAN, FRANCIS YATES and MARINE GRACE
(a) Name and Address of Applicant; WEST MEMPHIS CAB CO. , a co-
partnership composed of James Swan, Francis Yates and Maxine Grace.
(b) Financial Information: See Attached Financial Statements of Partners.
No Judgments are recorded against the applicant or the partners.
(c) Jimmy Swan, manager of West Memphis Cab Co. , was formerly employed
by Briggs Cab Co. , and has had over twenty (20) years experience in the
operation of a cab company and the transportation of passengers.
(d) At the present time two cab companies are operating in the City of West
Memphis -Briggs Cab Co, and Peoples Cab Co. Briggs Cab Co. operates
13 cabs and Peoples Cab Co. operates 3 cabs. Both of these companies
operate out of the same office and at the same location. The City of West
Memphis has approximately 26, 000 population and applicant believes that ;
a total of 16 cabs cannot serve the needs of the people. Under the present ,
operations, more than one passenger is often carried in a cab. These
people are picked up at different locations, and their destinations are
different. The granting of a certificate of convenience to this applicant
will benefit the citizens of West Memphis and will not adversely affect the
operations of the present cab companies.
(e) Applicant requests authorization to operate up to ten (10) cabs.
(f) Applicant will operate under the name
"WEST MEMPHIS CAB CO. "
which will be displayed upon the vehicles,
WEST EMPIIIS CAB ,C,O~/.
BY ~ri7im.e~- i("/
James Swan
Francis Yates
/,LPL .c t ~-C./ f~G G ~'~---
nrt.,.,:.,., r_.... ,.
VERIFICATION
We, James Swan, Francis Yates and Maxine Grace, do state on
oath that the matters and things set forth in the foregoing Application are true
and correct to the best of our information, knowledge and belief.
// James Swann /
~,G~rirt~/•c~ ' 1~1
Francis Yat
°~T Maxine Grace
Subscribed and sworn to before me this ~~day of April, 1969.
Notary ublic
My commission expires:
/~a~-~/~
FINANCIAL STATEMENT
OF
JIMMY SWAN
March 10, 196 9
Cash & Bank Accounts
ASSETS:
Home $12, 000. 00
1968 Chevrolet automobile 2, 600. 00
"1968 Chevrolet truck 2, 000. 00
1967 Chevrolet automobile 2, 000. 00
Furniture & Fixtures 3, 000. 00
TOTA L
TOTAL ASSETS
p LIABILITIES:
Mortgage on home $6, 000. 00
Bank of West Memphis 1, 200. 00
First National Bank in West
Memphis 672. 78
Sears 312. 46
Redisco 1, 355. 07
Associates Discount 1, 332. 60
General Motors Acceptance Corp. 4, 803. 38
TOTAL LIABILITIES
ESTIMATED NET WORTH
~Z'~?~~`" ~~ //L'~~~~'~'_
/~
$400. 00
21, 600. 00
$22, 000. 00
$15, 676.29
$ 6, 323. 71
FINANCIAL STATEMENT
OF
MAXINE GRACE
March 26, 1969
Cash & Bank Accounts. $1, 095. 43
ASSETS:
Home (estimated fair market value) $15, 000. 00
Jewelry & coin collections (fair market
value) 850.00
Real Estate other than home (fair market
value) 580.00
Furniture and Fixtures and personal
property 5, 000. 00
1968 Chevrolet Caprice (estimated
value 3, 500. 00
1966 Truck (estimated value) 1, 100, 00
TOTAL 26, 030. 00
TOTAL ASSETS $27, 125. 43
LIABILITIES;
Mortgage on Home $7, 277. 39
Fidelity National Bank (Home Improve-
ment Loan) 1, 682.10
Sears, Roebuck & Co. (monthly payments) 672. 53
Penneys 62.77
Bank Americard 340. 00
Redisco 518. 48
General Motors Acceptance Corp. 4, 119. 08
Dr. C. Herbert Taylor 61.20
TOTAL LIABILITIES $14, 733. 55
ESTIMATED NT"C WORTH $12, 391.88
FINANCIAL STATEMENT
OF
FRANCIS YATES
March 26, 1969
Cash & Bank Accounts $500. 00
ASSETS:
Home (estimated fair market value $7, 000. 00
Chevrolet automobile (estimated value) 2, 000, 00
Chevrolet truck (estimated value) 700. 00
Household goods 500. 00
TOTAL 10, 200. 00
TOTAL ASSETS $10, 700. 00
LIABILITIES:
NONE
ESTIMA TED NET WORTH $10, 700. 00
i ~~,
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After discussion of date of hearing, motion was made by Alderman Weis, seconded by
Alderman Dabbs: That hearing for Certificate of Public Convenience for West Memphis Cab
Company be held at the next Council Meeting on April 17, 1969, at 3 P.M. Upon vote, the
voting was as follows:
Ayes: Aldermen: Bentley, Bowie, Dabbs, Horton, Leggett, Smith, and Weis.
Nays: None.
Mr. Dan Carr, who ie now Planner In Charge for Gasaner Nathan Browne Seabrook, informed
the Council of progress being made as to the Comprehensive Plan for West Memphis and aumarized
Report No,-Population and Economic Base, No. 2--Existing Land Use Survey, No. 3--Community
Facilities, and No. It--Neighborhood Analysis. Mr. L. G. Winget of the Arkansas Planning
Commission advised the Council the Arkansas Planning Commission is responsible for all
comprehensive planning in the state, and it will be necessary for the City to adopt another
resolution authorizing Phase 2 of the Program, which will provide information on methods of
financing objectives of the Workable Program.
City Attorney Wallin presented an ordinance establishing the bleat Memphis Motor Vehicle
License and Tax upon any motor vehicles not licensed in the State of Arkansas, xhich are owned
by Non-Residents of the City of West Memphis. Mr. Wallin stated he questions the constitutionality
of the Memphis Ordinance and the ordinance he had prepared, but was presenting in accordance xith
instructions of the Council to prepare an ordinance with the same or similar requirements as the
Memphis Ordinance and the amendments thereto. Thereupon, an ordinance entitled "An Ordinance
Establishing The bleat Memphis Motor Vehicle License And Tax Upon Any Motor Vehicles Not Licensed
In The State Of Arkansas, Which Are OWr-ed By Non-Residents Of The City Of West Memphis: Providing
For Registration Stickers: Providing For Penalties For Violations: And For Other Pur~maes° was
introduced by Alderman Weis. The ordinance was read try the City Attorney. Motion wan made by
Alderman Smith, seconded by Alderman Leggett: That the first reading of the ordinance be
approved. Upon roll call vote, the voting wan as follows:
Ayes: Aldermen: Bentley, Bowie, Dabbs, Horton, Leggett, Smith, and Weis.
Nays: None.
The following committee report was read by City Attorney Wallin:
Hon. R. E. Eden
bleat Memphis City Council
bleat Memphis, Arkansas
Gentlemen:
A committee composed of Councilman Francis Weis, Councilman Bob Bowie and Councilman
Tilden Rogers, met with City Attorney R. E. Wallin and Fire Chief Simmons, and considered and
discussed in detail the operation of the West Memphis Fire Department in those instances in
which the Fire Department equipment of the City of West Memphla has been dispatched beyond the
corporate limits of the city, to aid in extinguishing fires.
After reviewing Ordinance 221 of 1952, the Council Order of May 17, 1955, Council Order of
August 15, 1963, Ordinance 595 of 1969, and the relevant Arkansas Statutory law, the aforementioned
Committee discussed in detail, the feasibility of setting certain limits or boundaries beyond which
the fire equipment of the City of West Memphis would never be alloxed to pass. It was concluded by
the Committee that no specific geographic limits could be designated at the present time, due to
the rapid growth and expansion of the City of West Memphis and maw other factors relative to aiding
and extinguishing fire beyond the corporate limits of the City of bleat Memphis.
It wan the general feeling of the Committee, that the question of whether or not to answer a
fire fighting call beyond the corporate limits of the city, should be left to the discretion of the
Mayor or the' Qhief of the Wea~ Memphis Fire Department. However, it whould be borne in mind that a
response by the bleat Memphis ire Department should only be made in those instances where the
distance beyond the corporate limits of the City of West Memphis is one that is reasonable under the
circumstances as they may arise in ante individual instance.
The Committee is of the opinion that where Fire Department equipment and personnel of the
City of West Memphis responds to assist or aid in the extingushing of fires beyond the corporate
limits, the city, individual corporation, firm, etc., requesting assistance, should reimburse the
City of bleat Memphis for the expenses incurred by the West Memphis Fir® Department in assisting or
rendering fire fighting services beyond the corporate limits of the City of bleat Memphis. We have
therefore prepared a Resolution to be presented to this Council, setting forth the opinion and
position of this Council relative to this matter.
Very truly yours,
/S/ C. T. RODGERS
F. C. WEIS
ROBERT C. BOWIE
Thereupon the following Resolution was presented:
RESOLUTION N0. 363
WHEREAS, the West Memphis City Council is aware of certain instances when the fire
fighting equipment and personnel of the City of Weat Memphis, Arkansas, shall render service
or assistance in the extinguishing of fire beyond the corporate limits of the City of Weat
Memphis; and,
WHEREAS, the use and operation of fire fighting equipment for the City of Weat Memphis
is carried out at considerable expense to the City of Weat Memphis; and,
WHEREAS, the services performed by the Weat Memphis Fire Department beyond the corporate
limits of the City of Weat Memphis are carried out in the .general interest of the safety,
welfare and good will of areas within a reasonable distance to the City of Weat Memphis.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF WEST MEMPHIS, that it is the opinion
of the governing body of thin city. that. in those instances in which Fire Department equipment and
personnel of the City of WeatMemphis assist or aid in extinguishing of fire beyond the corporate
limits of the City of Weat Memphis, that the City of Weat Memphis should be reimbursed for the
reasonable expense of such services, by the person, firm, corporation, city, etc., requesting and
receiving said service from the Fire Department of the City of Weat Memphis.
Motion was made by Alderman Bentley, seconded by Alderman Leggett: That the Resolution as
presented be adopted. Upon vote, the voting was as follows:
Ayes: Aldermen: Bentley, Bowie, Dabbs, Horton, Leggett, Rodgers, Smith, and Weis.
Nays: None.
Recommendation of the truck bid committee composed of Aldermen Weia, Bowie, and Rodgers
was presented by Alderman Weis, Chairman of the Committee, that the bid of Bob Morrow Ford
Sales, Inc. in the amount of $4,061.10 including optional equipment, be ac@pted. Motion xae
made by.Alderman Leggett, seconded by Alderman Horton: That the recommendation of the
Committee be accepted and Bob Morrow Ford be awarded the bid. Upon vote, the voting was as
follows:
Ayes: Aldermen: Bentley, Bowie, Dabbs, Horton, Leggett, Rodgers, Smith, and Weis.
Nays: None.
Mr. Charles Hampton of the Engineering Department presented plat of Lots 1 and 2, Imperial
Gardena lying in the Weat ~ Section 16, T-6-N, R-9-E. Mr. Hampton informed the Council the plat
had been prepared by Bond Consulting Engineers, however, due to other commitments Mr. Bond could
not appear, but requested approval of the plat dedicating Jackson Avenue, inc~h will be constructed
in accordance with City specifications. Building Inspector Perrine brought to the Conneil~a
attention apartments are being constructed on both aides of the street which is a continuation of
Jackson Avenue. The plat was approved by Planning Commission on March 26th. After discussion,
motion was made by Alderman Weis, seconded by Alderman Bowie: That the plat dedicating Jackson
Street be accepted. Upon vote, the voting was as follows:
Ayes: Aldermen: Bentley, Bowie, Dabbs, Horton, Leggett, Rodgers, Smith, and Weis.
Nays: None.
Recess wan called.
After the recea~ap Mayor Pro Tempore Rodgers informed the Council the hearing on cloning of
a portion of 24th Street would be resumed. Attorney Edward J. Rubena informed the Council an
easement for utilities will be provided, that nothing had been done with the street in the past
five years and had been abandoned as a mudhole by the city which is a detriment to the petitioners
businesses. Mr. Albert Thomas presented ob~ectione to the closing of the street stating is the
only and beat entrance to twenty-three acres of land that is to be developed. After discussion
of use of the land, land values, traffic congestion, future development in the area, and plane
of the Arkansas Highway Department, Attorney Rubena requested decision on the matter be withheld
until the next Council Meeting.
Alderman Leggett reported approximately 325 to 350 abandoned care have been moved by dunk
dealers and individuals, and that Carl Neal, the city employee in charge of the project has
made 313 contacts and obtained 124 releases.
The street committee composed of Aldermen Smith, Horton, and Bentley reported they had
met, and will contact the Mayor as to money available for repairs on critical streets,
commitments made f6r'etreet work, estimates on coats of new street constructions, and formulate
plena for street work over a three year period.
Alderman Horton requested a survey be made by State Highway Department to determine if
another traffic control light can be installed on Broadway east of Ingram Blvd. due to difficulties
of traffic entering Broadway. Alderman Bentley requested information on sychronizing the traffic
lights in the City.
No further business being presented, the meeting was adjourned.
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APPROVED: APRIL 17, 1969