April 17, 1969b
MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS,
`HELD ON THE 17TH DAY OF APRIL, 1969.
The City Council of the City of West Memphis, Arkansas, met in regular session at its
regular meeting place in West Memphis, Arkansas, at 1:30 o'clock P.M. on the 17th day of
April, 1969. The fallowing were present: Mayor Bob Eden, presiding, and Aldermen:
R. C. Bowie, H. R. Dabbs, Pritchard Horton, Kirby Leggett, C. T. Rodgers, R. L. Smith,
F. C. Weis, and R. T. Bentley; and City Attorney R. E. Wallin.
Absent: None.
It being determined a quorum was present, the following proceedings were had to-wit:
Minutes of Council Meeting on April 3, 1969, were approved as read.
Mayor Eden reported 500 to 550 junk vehicles have been removed, and Bobby Sanders will be
in charge of the ;project as Carl Neal is to be transferred to supervise grass cutting. The
Mayor advised there is no code enforcement in this projeek, therefore, would not conflict with
Mr. Sanders work as inspector for the Southern Housing Code, and he will use his own car in the
work.
Request was made by Alderman Leggett that the truck used by Carl Neal have a radio, the
Mayor stated the advantage to having the radio would not justify the expense.
Mayor Eden proposed the one mill tax for the Firemen's Pension Fund is not seeded at this
time as the Fund has $101,000, and the ordinance provides the tax does not have to be collected
unless needed, therefore, the Sheriff should be notified that th tax not be collected. After
discussion of action of the Quorum Court, motion was made by klderman Weis, seconded by
Alderman Leggett: That the City Attorney be requested to prepare a resolution instructing the
Sheriff not to collect the one mill tax for the Firemen's Pension Fund for the year 1968. Upon
vote, the voting was as follows:
Ayes: Aldermen: Bowie, Dabbs, Horton, Leggett, Rodgers, Smith, Weis, and Bentley.
Nays: None.
Mayor Eden informed the Council Chandler G. Watkins, Dorothy S. Watkins, Charles F. Safley,
and James F. Waggener, who had requested the closing, vacating, and abandoning of that .portion of
24th Street north of Highways 61, 63, 64, I-55 and I-40, have requested postponement of hearing
on the matter for 90 days in order to secure additional information from the Arkansas Highway
Department.
Resolution authorizing the-sale of the City's 1961 Ford tandem truck was read by City
Attorney iJallin. After discussion, motion was made by Alderman Dabbs, seconded by Alderman Weis:
That the resolution as read be adopted. Upon vote, the voting was as follows:
Ayes: Aldermen: Bowie, Dabbs, Horton, Leggett, Rodgers, Smith, Weis., and Bentley.
Nays: None.
RESOLUTION N0. 365
WHEREAS, the Mayor of the City of West Memphis on April 8, 1969, advised each member of the
City Council of West Memphis, by letter, of his opinion as to the advisability of selling a 1961
model Ford tandem truck, used by the Street Department of the City of West Memphis; and,
WHEREAS, said aforementioned letter requested the approval of each individual member of the
West Memphis City Council regarding the sale of said truck; and,
WHEREAS, said members of the West Memphis City Council have indicated their approval to the
sale of said truck as per the aforementioned letter of April 9, 1969; and,
WHEREAS, i.n compliance and under the authority granted him by the laws of the State of
Arkansas, the Mayor of the City of West Memphis has sold said aforementioned truck.
NOW, THEREFORE, BE ITRESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, that the sale
of the aforementioned truck by the Mayor of the City of West Memphis is hereby ratified, approved
and confirmed by this Council for and in the best interest of the City of Weat Memphis.
Mayor Eden informed the Council the City has a great amount of street work, and it would be
expedient to waive bid requirements and purchase a truck as per bid accepted from Morrow Ford
Company on April. 3rd, in order to commence rebuilding of Barton Street from Ingram to the Bayou
as soon as possible. After discussion of the three truck a~tailable and the work, motion was made
by Alderman Horton, seconded by Alderman Dabbs: That the Myor be authorized to purchase another
truck from Bob Morrow Ford Company the same specifications and price as approved on April 3rd, and
bid requirements be waived. Upon vote, the voting was as follows:
Ayes: Aldermen: Bowie, Dabbs, Horton, Leggett, Rodgers, Smith, Weis, and Bentley.
Nays: None.
Alderman Smith requested the Mayor set a date for a meeting with the street committee, composed
of himself, Aldermen Bentley and Horton; also, in the future plane for street work be presented to
the Committee and Council before any major street improvements are made.
e~
The Mayor brought to the Council's attention there is no provision in the incinerator
bond ordinance for payment of insurance premiums and repairs, but the items would be ~uatified
expenses. Thereupon, the following resolution was read by the City Attorney.
RESOLUTION N0. 366
WHEREAS, the City of West Memphis, Arkansas, owns and operates an incinerator for public
purposes; and,
WHEREAS, a Bond issue was authorized by the Gity of Weat Memphis to raise revenue for the
payment of the construction and acquisition of said incinerator; and
WHEREAS, said Bonds were sold and the Bank of Weat Memphis is the Trustee of said Bond fund;
and, . _.
WHEREAS, there exists sufficient surplus in said Bond fund to pay insurance premiums and
repairs necessary for said aforementioned .incinerator.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, that the
Trustee, Bank of West Memphis, is authorized to pay the necessary insurance premiums and repairs
as they occur from time to time on said aforementioned incinerator and to pay for same out of the
Bond fund surplus as heretofore mentioned and the City of Weat Memphis shall hold harmless and
indemnify said Trustee for payment of said aforementioned expenditures.
Motion was made by Alderman Horton, seconded by Alderman Smith: That the resolution be adopted
as read. Upon vote, the voting was as follows:
Ayes: Aldermen: Bowie, Dabbs, Horton, Leggett, Rodgers, Smith, and Bentley.
Nays: None.
Alderman Weis was not present for the voting.
City Attorney Wallin read the following resolution from the Utility Commission:
WHEREAS, Weat Memphis Utility Commission received bids on the 18th day of March, 1969, for
the construction of Division A, sewage treatment plant and pumping stations of the Sewage Treatment
Facilities Project WPC-Ark-255 of the City of Weat Memphis, Ariaasas; and
WHEREAS, the low bid submitted for the aforementioned construction, was submitted by Acton
Construction Company in the amount of $1,681,532.00, which represents the alternate bid of
$1,696,432.00 leas $14,900.00 for utilizing Fairbanks-Morse pumps in lieu of Chicago Pump Company
pampa under Item 12 and Wallace and Tiernan chlorine equipment in lieu of Fischer-Porter equipment
under Item 13; and,
WHEREAS, the West Memphis Utility Commission, after due deliberation and consideration, has
determined that said bid is proper and in the beat interest of the West Memphis Utility Commission
and the City of West Memphis, Arkansas; and,
WHEREAS, the members of the West Memphis Utility Commission recommend to the City Council of
the City of Weat Memphis, Arkansas, that the City of West Memphis, Arkansas acting through its
Mayor, be authorized and directed to enter into contractual agreement with Action Construction
Company for the afor@m§ntioned construction for and in oonsideration as hereinabove set forth.
NOW, THEREFORE, BE IT RESOLVED BY THE WEST r'IENIPHIS UTILITY COMMISSION, that the City Council
of the City of West Memphis, Arkansas, is hereby requested to authorize and direct the Mayor of the
City of West Memphis, Arkansas, to execute the contracts submitted by Action Construction Company
for the aforementioned construction and in the amount of $1,681,532.00 as more fully set out in said
contract.
~#
After discussion, resolution accepting recommendation of the Utility Commission was presented; and
motion made by Alderman Dabbs, seconded by Alderman Bentley: That the resolution be adopted as
presented. Upon vote, the voting was as follows:
Ayes: Aldermen: Bowie, Dabbs, Horton, Leggett, Rodgers, Smith, Weis, and Bentley.
Nays: None.
RESOLUTION N0. 367
WHEREAS, the Weat Memphis Utility Commission received bide on the 18th day of March, 1969
at 2:00 P.M., for the construction of Division A, sewage treatment plant and pumping stations of
the Sewage Treatment Facilities Project WPC-Ark-255 of the City of West Memphis, Arkansas; and,
WHEREAS, the low bid submitted for said construction was submitted by Acton Construction
Company, in the amount of $1,681,532.00; and,
WHEREAS, after due consideration and deliberation, the West Memphis Utility Commission has
recommended that said bid as aforementioned be accepted by the City Council of the City of West
Memphis.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS,
that after due deliberation and consideration of the recommendations of the Weat Memphis Utility
Commission, the aforementioned bid of Acton Construction Company is hereby accepted and the Mayor
of the City of Weat Memphis, Arkansas, is hereby authorized and directed to execute contracts with
Acton Construction Company for tha above construction in the amount of $1,681,532.00; for and on
behalf of the City of West Memphis, Arkansas. This award is subject to approval and concurrence
of the Federal Water Pollution Control Administration.
Alderman Bentley requested consideration of the problem of odors from the pumping stations in
residential areas during summer, and gave Mayor Eden information on a firm in Memphis that has
system for control of the odors.
Mayor Eden informed the Council when an area is annexed to the City, the Utility Commission
furnishes electricity rather;< than Arkansas Power & Light Company, and after a study the Utility
Commission made the following recommendations:
WHEREAS, the City of West Memphis has recently annexed territory into the corporate limits
of the City of West Memphis, Arkansas; and,
WHEREAS, said property heretofore referred to is located east of Ryan Chevrolet Company and
south of Highway 70 in the City of West Memphis; and,
WHEREAS, the West Memphis Utility Commission is desirous of furnishing utility service to this
newly annexed territory; and,
WHEREAS, the existing overhead distribution facilities in the abovenentioned territory are
presently owned by Arkansas Power & Light; and,
WHEREAS, Arkansas Power and Light has offered to sell said existing overhead distribution
facilities to the Gity of Weat Memphis based upon a depreciated replacement coat of $25,463.12; and,
WHEREAS, the West Memphis Utility Commission has determined that said aforementioned price is
fair and equitable and based on the same considerations as given past transactions of this type with
the City of West Memphis, wherein the City of Weat Memphis has purchased existing facilities from
Arkansas Power & Light Company.
NOW, THEREFORE, BE IT RESOLVED BY THE WEST MEMPHIS UTILITY COMMISSION that the City Council of
the City of Weat Memphis, Arkansas.is hereby requested to authorize and direct the West Memphis
Utility Commission to purchase they aforementioned overhead distribution facilities from Arkansas
Power & Light Compat}iy, at the aforementioned price, and that the Chairman of the West Memphis Utility
Commission shall execute the necessary documents with Arkansas Power & Light Company, which shall
evidence the purchase of the aforementioned facilities.
After discussion, resolution accepting the recommendation was presented, motion made by Alderman
Rodgers, seconded by Alderman Leggett: That the resolution as presented be adopted. Upon vote,
the voting was as follows:
Ayes: Aldermen: Bowie, Dabba, Horton, Leggett, Rodgers, Smith, Weis, and Bentley.
Nays: None.
RESOLUTION N0. 368
WHEREAS, the City of West Memphis, Arkansas, has recently annexed certain territory in the
southeast section of the corporate limits of the City of West Memphis, Arkansas; and,
WHEREAS, the West Memphis Utility Commission is desirous of furnishing utility service to this
newly annexed territory; and,
WHEREAS, the existing overhead distribution facilities for utility service in the above mentioned
territory is presently owned by Arkansas Power & Light Company; and,
WHEREAS, Arkansas Power & Light Company has offered to sell said existing overhead distribution
facilities to the City of West Memphis, based upon a depreciated replacement coat of $25,463.12; and,
WHEREAS, the West Memphis Utility Commission has determined that said aforementioned price, is
fair and equitable and based upon the same considerations as given past transactions of this type
with the City of West Memphis, wherein the City of West Memphis has purchased existing facilities
from Arkansas Power & Light Company.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, that the
West Memphis Utility Commission is hereby authorized to purchase said aforementioned facilities from
Arkansas Power and Light Company for $25,463.12, and the Chairman of the Weat Memphis Utility
Commission is directed to execute the necessary documents with Arkansas Power & Light Company which
shall evidence the purchase of said aforementioned facilities.
~~
Alderman Horton requested information on extension of water to the eastern section annexed
to the City. The Mayor advised plans were being made that a change "'order for sewer extension had
been filed with HUD.
City Attorney Wallin read the following resolution from Utility Commission:
WHEREAS, the West Memphis Utility Commission received bids on the 7th day of April, 1969, for
a basket truck body for a Utility Commission trudg and,
WHEREAS, the lox bid submitted for the aforementioned basket truck body was submitted by
McCab Powers Body Company, of St. Louis, Missouri in the amount of $11,168.30; and
WHEREAS, the West Memphis Utility Commission after due deliberation and consideration, has
determined that said bid is proper and in the best interest of the West Memphis Utility Commission
and the City of West Memphis, Arkansas.
r, ,1
NOW, THEREFORE, BE IT RESOLVED BY THE WEST MEMPHIS UTILITY C@4MISSION, that the City Council
of the City of West Memphis, Arkansas, is hereby requested to authorize and direct the Chairman of
the West Memphis Utility Commission to purchase said aforementioned basket truck body from McCabe
Powers Body Company for the low bid price of $11,168.30.
After discussion, motion was made by Alderman Smith, seconded by Alderman Leggett: That the
recommendation be accepted by the following resolution:
RESOLUTION NO. 369
..,,
WHEREAS, the bleat Memphis Utility Commission received bide on the .7th day of April, 1969, for
a basket truck body for a Utility Commission truck; and,
WHEREAS, the low bid submitted for said basket truck body was submitted by McCabe Powers Body
Company of St. Louis, Missouri in the amount of $11,168.30; and,
WHEREAS, after due deliberation and consideration, by the bleat Memphis Utility Commission, it
is recommended that said bid as aforementioned be accepted by the City Council of the City of
bleat Memphis.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, that
after due deliberation and consideration of the recommendations of the West Memphis Utility Commissin
the aforementioned bid of McCabe Powers Body Company is hereby accepted and the Chairman of the
West Memphis Utility Commission is hereby authorized and directed to purchase said truck body as
aforementioned for the low bid of $11,166.30, for and on behalf of West Memphis Utility Commission.
Upon vote, the voting was as follows:
Ayes: Aldermen: Bowie, Dabbs, Horton, Leggett, Rodgers, Smith, Weis, and Bentley.
Nayss None.
Utility Commission resolution recommending acceptance of bid for a line truck body was read
by City Attorney Wallin as follows:
WHEREAS, the West Memphis Utility Commission received bide on the 7th day of April, 1969,
for a line truck body for a Utility Commission truck; and,
WHEREAS, the low bid submitted for the aforementioned line truck body was submitted by
Utility Equipment Company of Oklahoma City, Oklahma in the amount of $16,671.39; and,
WHEREAS, the bleat Memphis Utility Commission after due deliberation and consideration, has
determined that said bid is proper and in the best interest of the West Memphis Utility Commission.
and the City of bleat Memphis, Arkansas.
NOW, THEREFORE, BE IT RESOLVED BY THE WEST MEMPHIS UTILITY CCt7NIISSION, that the City Council
of the City of West Memphis, Arkansas, is hereby requested to authorize and direct the Chairman
of the bleat Memphis Utility Commission to purchase said aforementioned line truck body from
Utility Equipment Company for the low bid price of $16,671.39.
~~~
~~,:
After discussion, resolution accepting recommendation was presented. Thereupon, motion was made by
Alderman Weis, seconded by Alderman Dabbs: That the resolution be adopted as presented. Upon vote,
the voting was as follows:
Ayes: Aldermen: Bowie, Dabbs, Horton, Leggett, Rodgers, Smith, Weis, and Bentley.
Nays: None.
The resolution read as follows:
Jb
RESOLUTION N0. 370
WHEREAS, the West Memphis Utility Commission received bids on the 7th day of April, 1969,
for a line truck body for a Utility Commission truck; and,
WHEREAS, Ehe low bid submitted for said line truck body was submitted by Utility Equipment
Company of Oklahoma City, Oklahoma in the amount of $16,671.39; and,
WHEREAS, after due deliberation and consideration, by the West Memphis Utility Commission,
it is recommended that said bid as aforementioned be accepted by the City Council of the City of
West Memphis.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS,
that after due deliberation and consideration of .the recommendations of the Weat Memphis Utility
Commission the aforementioned bid of Utility Equipment is hereby accepted and the Chairman of the
West Memphis Utility Commission is hereby authorized and directed to purchase said truck body as
aforementioned for the low bid of $16,671.39, for and on behalf of West Memphis Utility Commission.
Alderman Bowie requested the Utility Commission notify the Council the number of bids
received when a recommendation is made to award a contract.
The following resolution from the Utility Commission was read by the City Attorney:
WHEREAS, West Memphis Utility Commission received bide on the 7th day of April, 1969, at
2:00 P.M., for the purchase of electrical transformers for the City of West Memphis, Arkansas; and,
WHEREAS, the low bid submitted for the aforementioned items, was submitted by Wheeler Electric..
Company in the amount of $5,161.00; and,
tdHEREA5, the West Memphis Utility Commission, after due deliberation and consideration, has
determined that said bid is proper and in the best interest of the West Memphis Utility Commission,
and the City of West Memphis, Arkansas; and,
WHEREAS, the members of the West Memphis Utility Commission recommend to the City Council
of the City of West Memphis, Arkansas, that the West Memphis Utility Commission acting through
its Chairman, be authorized and directed to purchase the aforementioned electrical transformers
from Wheeler Electric Compagp for the price of $5,161.00.
NOW, THEREFORE, BE IT RESOLVED ~Y THE WEST MEMPHIS UTILITY COMMISSION, that the City Council
of the City of West Memphis, Arkansas, is hereby requested to authorize and direct the Chairman of
the Weat Memphis Utility Commission, to purchase the aforementioned electrical transformers for the
low bid price of $5,1b1.00.
~~
After discuaeion of resolution prepared for accepting the recommendation, motion was made by
Alderman Weis, seconded by Alderman Leggett: That resolution be adopted as presented. Upon vote,
the voting was as follows:
Ayes: Aldermen: Bowie, Dabba, Horton, Leggett, Rodgers, Smith, Weis, Bentley.
Nays: None.
The resolution read as follows:
RESOLUTION N0. 371
WHEREAS, the West Memphis Utility Commission received bids on the 7th day of April, 1969, at
2:00 P.M. for the purchase of electrical tran~rmera for the West Memphis Utility Commission and
the City of West Memphis; and,
WHEREAS, the low bid submitted for the aforementioned transformers was submitted by Wheeler
Electric Company in the amount of $5,161.00; and,
WHEREAS, after due deliberation and consideration, the West Memphis Utility Commission has
recommended that said bid as aforementioned, be accepted by the City Council of the City of
West Memphis. ,.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, .ARKANSAS,
that after due deliberation and consideration of the recommendations of the Weat Memphis Utility
Commission, the aforementioned bid of Wheeler Electric Company is hereby accepted and the Chairman
of the West Memphis Utility Commission is hereby authorized and directed to purchase the aforementi
electrical transformers from Wheeler Electric Company for and on behalf of the West Memphis Utility
Commission and the City of West Memphis, Arkansas, for the low bid price of $5,161.00.
Action taken by the Memphis City Council pertaining to license regulations was discussed,
and motion made by Alderman Rodgers, seconded by Alderman Weis: That the second reading of an
ordinance establishing the Weat Memphis Motor Vehicle License and Tax Upon Arty Motor Vehicles
not licensed in the State of Arkansas which are owned by Non-Residents of the City of Weat Memphis
be postponed for 30 days. Upon vote, the voting was as follows:
Smith
Ayes: .Aldermen: Bowie, Dabbs, Horton, Leggett, Rodgers,/Weis, and Bentley.
Nays: None.
Ordinances establishing Police and Fire Department Commissions prepared by City Attorney Wallin
at the direction of Alderman Smith were presented for consideration. After discussion of duties
of the Council, executive authority, civil service regulations, legality of the ordinances,
previous ordinances, State Statutes, Review Boards, unions, opinions of the Attorney (}eneral's
office, qualifications of Aldermen to review applications and make recommendations for personnel,
and the Council conducting hearings, motion was made by Alderman Smith that the ordinance be read,
the motion was seconded by Alderman Rodgers. City Attorney Wallin read the ordinance. Question
of dispensing with the rules requiring the reading of an ordinance in full on three different days
was voted on by roll call vote as follows:
Ayes: Alderman Smith.
Nays: Aldermen: Bowie, Dabbs, Horton, Leggett, Rodgers, Weia, and Bentley.
The Mayor ruled the motion failed.
Thereupon, roll call vote on whether to pass on first reading was called as follows:
Ayes: Aldermen: Rodgers, Smith, Bentley.
Nays: Aldermen: Bowie, Dabbs, Horton, Leggett, and Weis.
The Mayor declared the ordinance failed on first reading.
The Fire Department Commission ordinance was not introduced.
Mayor Eden reported essential information on mosquito program had not been received, and
action on the matter would be postponed. Alderman Bentley requested a list of type of chemicals
to be used in order to ascertain if effective for health purposes and mosquito control.
Alderman Leggett brought to the Council's attention street lights had been out for three
nights west of Jordan's Motel on both aides of the street and parts of Avalon, Redding, Oliver,
and Bond; and requested a system be put into effect that the Police Department check and notify
the Utility Commission when street lights are not operating. The Mayor stated the Utility
Commission has a night crew on call for emergencies.
Recess was called.
Mayor Eden called the meeting to order.
Attorney J. H. Spears proposed an amendment to Ordinance No. 449, which was read by City
Attorney Wallin. Procedure for making application for a permit, and the delay in receiving a
permit was explained by Attorney J. H. Spears. After discussion, Alderman Weia introduced the.
amendment entitled "An Ordinance To Amend Section 11 Of Ordinance No. 41x9, Passed And Approved
On January 6, 1964", the ordinance was read by the City Attorney.
Alderman Bowi2, seconded by Alderman Horton, 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 Mayor put the question on the adoption of the motion and the roll being called,
the following voted:
Ayes: Aldermen: Bowie, Dabbs, Horton, Leggett, Rodgers, Smith, Weis, and Bentley.
Nays: None.
Thereupon the Mayor 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 Rodgers, seconded by Alderman Bentley then moved that the rule requiring the reading
of an ordinance in full on three different days be further auapended 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:
Ayes: Aldermen: Bowie, Dabbs, Horton, Leggett, Rodgers, Smith, Weis, and Bentley.
Naga: 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 auapended.
The ordinance was then read the third time by the City Attorney.
Alderman Dabbs, seconded by Alderman Leggett, moved that the ordinance be adopted. The
question was put by the Mayor on the adoption of the motion and the roll being called, the following
voted:
Ayes: Aldermen: Bowie, Dabbs, Horton, Leggett, Rodgers, Smith, Weia, and Bentley.
Nays: None.
Alderman Smith, seconded by Alderman Weis, moved that Section 2, the emergency clause, be
adopted, and on roll call the following voted:
Ayes: Aldermen: Bowie, Dabbs, Horton, Leggett, Rodgers, Smith, Weis, and Bentley.
Nays: 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. 598.
The ordinance read as follows:
ORDINANCE N0. 59a
AN ORDINANCE TO AMEND SECTION 11 OF ORDINANCE #449 OF THE CITY OF WEST MEMPHIS, ARKANSAS;
DECLARING AN EMERGENCY AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS:
Section 1. Section 11 of Ordinance 449 of the City of West Memphis, Arkansas, is hereby
amended to read as follows:
"Section 11. Application for drivers license. An application for taxi cab drivers
license shall be filed with the City Clerk on forma provided and such application shall be
verified under oath and shall contain the following information:
(A) The names and addresses of two reputable persona who have known the applicant for a
period of two (2) years and who will vouch for the sobriety, honesg~ and the general good
character of the applicant, or such other infonation as shall be acceptable to the Police
Department, such as a valid chauffeur's license qualifying the applicant to drive a truck in
interstate commerce, a taxi cab drivers license issued by another city or such other driver's
license as may be approved by the Police Department.
(B) The experience of the applicant in transportation of passengers.
(C) The educational background of the applicant.
(D) A concise history of hie employment. Each applicant shall be accompanied by a
certificate from a reputable physician certifying that, in hie opinion, the applicant is not
afflicted with any disease or infirmity which might make him an unsafe or unsatisfactory driver.
Temporary permit. After the application provided for in the foregoing has been filed, and
such investigation as deemed necessary by the Police Department has been made, the Chief of Police
or his assistant, shall have the rift and authority to issue a temporary permit for such person to
drive a taxi cab in the City of Weat Memphis; that such permit shall be good only until application
can be made to the State Revenue Commissioner's office for the issuance of a chauffeur's license.
Should the application for a chauffeur's license be declined by the State Revenue Commiaioner'e
office, then the temporary permit issued shall be automatically cancelled, and such person shall
have no further authority to drive a taxi cab in the City of Weat Memphis."
Section 2. Emergency Clause. It is hereby declared to be a fact that this ordinance is
necessary for the health, safety and well being of the citizens of West Memphis, therefore an
emergency is declared to exist and this Ordinance shall be in full force and effect from and
after its passage, approval and publication as required by law.
The Mayor announced the Application for Certificate of Public Convenience for West Memphis
Cab Company, a co-partnership composed of James Swan, Francis Yates, and Maxine Grace would be
heard. Notice of Hearing was published in the Evening Times on April 7, 1969. Attorney C. B.
Nance, Jr., on behalf of the applicant, informed the Council 400 signatures had been obtained
on petitions for additional service and 168 statements by residents that in their opinion there
is need for additional taxicab service.
Attorney J. H. Spears on behalf of Briggs Cab Company and Peoples Cab Compat~y ob3ected to
the filing of the statements, and the hearing of the matter as application had been refused
previously, therefore, filing with two additional names was a sub~erfnge, and requested the
Council to continue the matter in order that hie client could file another lawsuit. Attorney
Nance stated the applicant under ordinance No. 449 had a right to file an application for hearing.
After lengthy discussion, and comments by the City Attorney that he had not found any case law
pertaining to the question when additional parties are involved, motion was made by Alderman Weis,
seconded by Alderman Horton: That consider as a new application and proceed with the hearing.
Upon roll call vote, the voting was as follows:
Ayes: Aldermen: Bowie, Dabbs, Horton, Leggett, Weis, and Bentley.
Nays: Aldermen: Rodgers and Smith.
Mayor Eden announced the motion carried, and the matter would be considered a new application.
Attorney Spears requested the hearing on `pplication be continued. Motion was made by
Alderman Bowie, seconded by Alderman Leggett: That the Council proceed with the hearing. Upon
roll call vote, the voting was as follows:
Ayes: Aldermen: Bowie, Horton, Leggett, Smith, Weis, and Bentley.
Nays: -Aldermans Rodgers.
Alderman Dabbs abstained from voting.
The Mayor announced the motion to proceed with the hearing carried.
Alderman Weis asked if the other members of the partnership were present, and was informed
Mra. Maxine Grace and Mr. Francis Yates were present.
Aldermen Weis, Leggett, Bowie, and Horton brought to the attention of the Council complaints
they had received, and requests for additional cab service. Mr. Jack Briggs was questioned about
operation of his cab company Mayor Eden presented the c~uest'oyn of~'e~oha~-gt~iise~~meon to the
Council, and requested the Attorneys to a any atateme s tie ca
Attorney C. B. Nance pointed out Section 4 of Ordinance No. 449 for the Council's
consideration.
Alderman Bentley moved for a ten minute recess, the motion was seconded by Alderman Smith,
and upon vote, the voting was as follows:
Ayes: Aldermen: Bowie, Dabbs, Horton, Leggett, Rodgers, Smith, Weis, Bentley.
Nays: None.
The hearing reconvenied, and Mayor Eden presented the question to approve the request for
a permit or deny the request. Thereupon, motion was made by Alderman Rodgers, seconded by
Alderman Smith: That continue the hearing~_one week until 1:30 P.M. April 24th. The motion was
discussed, and upon roll call vote, the voting was as follows:
Ayes: Aldermen: Dabbs, Rodgers, and Smith.
Nays: Aldermen: Bowie, Horton, Leggett, Weis, and Bentley.
Motion was made by Alderman Weis, seconded by Alderman Leggett. That approve the application of
West Memphis Cab Company. Upon roll call vote, the voting was as follows:
Ayes: Aldermen: Bowie, Horton, Leggett, Weis, and Bentley.
Nays: Aldermen: Rodgers and Smith.
Alderman Dabbs abstained from voting.
Mayor Eden announced the majority voted to award permit for taxi to West Memphis Cab Company.
Attorney C. B. Nance, Jr. requested the Council to set an amount for performance bond. Alderman Sm~
moved that surety bond in the amount of $5,000 be required for a performance bond. The motion was
seconded by Alderman Bentley. Upon roll call vote, the voting was as follows:
Ayes: Aldermen: Bowie, Dabbs, Horton, Leggett, Rodgers, Smith, Weis, and Bentley.
Nays: None.
Mayor Eden distributed feasibility reports entitled "Port Development Opportunities" prepared
by Ellers and Reaves, Inc.
Alderman Rodgers requested that the Police Department and Council should see that all taxi
companies abide by the ordinances pertaining to their operation.
Alderman Bowie requested the City Attorney inquire of the Attorney General's office whether a
Certificate of Convenience as required by Ordinance No. 449 applies to taxicabs in operation prior
to the adoption of said ordinance.
No further business being presented, the meeting was adjourned.
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APPROVED: MAY 1, 19b9