May 1, 1969t!U
MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HELD ON THE
1ST DAY OF MAY, 1969. .-
On the lat day of May, 1969 at 1:30 o'clock p.m. the City Council of the City of West Memphis,
Arkansas, met in Regular Session. The meeting was called to order and on roll call the following
members of the body were present:
Mayor Bob Eden, presiding, and Aldermen: H. R. Dabbs, Pritchard Horton, Kirby Leggett,
C. T. Rodgers, R. L. Smith, and F. C. Weis.
City Attorney R. E. Wallin.
Absent: Aldermen: R. T. Bentley and R. C. Bowie.
It being determined a quorum was present, the following proceedings were had to-wit:
Minutes of Council Meeting on April 17, 1969, were approved as read.
Colonel Marvin L. Jacobs and Mr. Harry Rike of Ellers and Reaves, Inc. demonatmted by slides
report on Port Development Opportunities for West Memphis, and discussed with the Council inland
water and port systems, physical facilities,. research and development of water frontage, and a
feasibility study. Mayor Eden informed the-Council request has been made through the Northeast
Development District of Arkansas for a $30,000 Federal Grant for detailed study of port facilities.
Motion was made by Alderman Dabbs, seconded by Alderman Weis: That Colonel Jacobs be requested to
use his efforts in obtaining the grant. Upon vote, the voting was as follows:
Ayes: Aldermen: Dabbs, Horton, Leggett, Rodgers, Smith, and Weis.
Nays: None.
Colonel Jacobs brought to the Council's attention there is no commitment with his company at
present, but they would be glad to make trips to Jonesboro that would be mutually beneficial,
however, if longer trips are necessary would request expenses.
Mayor Eden announced the next order of business would be the hearing on closing of a portion
of Oliver Avenue as per Notice published in the Ebening Times on April 7th and 14th. Attorney C.
B. Nance, Jr. on behalf of the petitioner, Razorback Concrete Company, stated the street is platted,
but not in existence at this time as there is no way to cearss the spur track at this location; also,
the City would retain a utility easement. No one appeared to ob3ect to closing of said street. An
ordinance entitled "An Ordinance To Vacate That Portion Of Oliver Avenue Extending From The East Line
Of rourth Street Between Lot 1 Of Block 9 And Lot 13 Of Block 6 Of Thompson's Third Addition To The
City Of West Memphis, To The West Line Of The Easement Extending Through Blocks 9 And 6 Of Thompaon's
Third Addition To The City Of West Memphis, And To Retain A Permanent Utility Easement Throught Said
Property; Declaring An Emergency And For Other Purposes" was introduced by Alderman Leggett, and
City Attorney Wallin read the ordinance in full.
Alderman Smith, seconded by Alderman Dabbs 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: Dabbs, Horton, Leggett, Rodgers, Smith, and Weis.
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 Horton, seconded by Alderman Rodgers 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:
Ayes: Aldermen: Dabbs, Horton, Leggett, Rodgers, Smith, and Weis.
Nays: 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 Weis, seconded by Alderman Smith, 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: Dabbs, Horton, Leggett, Rodgers, Smith, and Weis.
Nays: None.
Alderman Leggett, seconded by Alderman Dabbs, moved that Section 5, the emrgency clause, be
adopted, and on roll call the following voted:
Ayes: Aldermen: Dabbs, Horton, Leggett, Rodgers, Smith, and Weis.
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. 599.
The ordinance read as follows:
ORDINANCE N0. 599
!~N ORDINANCE TO VACATE THAT PORTION OF OLIVER AVENUE EXTENDING FROM THE EAST LINE OF FOURTH
STREET BETWEEN LOT 1 OF BLOCK 9 AND LOT 13 OF BLOCK 6 OF THOMPSON'9 THIRD ADDITION TO THE
CITY OF WEST MEMPHIS, TO THE WEST LINE OF THE EASEMENT EXTENDING THROUGH BLOCKS 9 AND 6 OF
THOMPSON'S THIRD ADDITION TO THE CITY OF WEST MEMPHIS, AND TO RETAIN A PERMANENT UTILITY
EASEMENT THROUGH SAID PROPERTY; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES.
WHEREAS, a petition was duly filed with the City Council of the City of West Memphis, asking
the City Council to vacate and abandon that portion of Oliver Avenue extending from the east line
of Fourth Street between Lot 1 of Block 9 and Lot 13 of Block 6 of Thompson's Third Addition to
the City of West Memphis, to the west line of the easement extending through Blocks 9 and 6 of
Thompson's Third Addition to the City of West Memphis, and
WHEREAS, after due notices as required by law, the Council has, at the time and place
mentioned in the notice, heard all persons desiring to be heard on the question, and has
ascertained that the street or the portion thereof hereinbefore described has heretofore been
dedicated to the public use as a street has not been actually used by the public generally for a
period of at least five (5) years, subsequeht to the filing of the plat; that all of the owners
of the property abutting upon the portion of the street to be vacated have filed with the Council
their written consent to such abandonment, and that public interest and welfare will not be
adversely affected by the abandonment of such alley, presided the City of West Memphis retsina an
easement over the same property as occupied by said alley;
NOW, THEREFORE, HE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS:
Section 1. The City of West Memphis, Arkansas hereby releases, vacates and abandons all its
rights, except as hereinafter stated, together with the rights of the public generally in and to the
street designated as follows:
That portion of Oliver Avenue extending from the east line of Fourth Street between
Lot 1 of Block 9 and Lot 13 of Block 6 of Thompson's Third Addition to the City of
West Memphis, to the west line of the easement extending through Blocks 9 and 6 of
Thompson's Third Addition to the City «f West Memphis.
Section 2. The City of West Memphis, Arkansas, hereby retains a utility easement with the
right of ingress and egress to said easement, and more particularly described as follows:
Beginning at the Southwest corner of Lot 1, Block 9 of Thompaon's Third Addition
to the City of West Memphis; thence east along the south lot line of Lot 1 to the
Southeast corner of Lot 1, Block 9; thence southerly along the easement extending
through Lota 6 and 9 of Thompson's Third Addition to the City of West Memphis, to
the Northeast corner of Lot 13 of Block 6; thence westerly along the North lot line
of Lot 13, Block 6 to the Northwest corner of Lot 13, Block F; thence northerly
along the west line of Fourth Street to the Southwest corner of I,ot 1, Block 9, the
point of beginning.
Section 3. All ordinances, or parts of ordinances in conflict herewith are hereby repealed.
Section 1t. A copy of the ordinance when duly certified by the City Clerk shall be aub3ect
to being filed and recorded in the office of the Circuit Court Clerk and Ex-Officio Recorder
within and for Crittenden County.
Section 5. EMEROENCY CLAUSE: It is found and declared by the City Council of the City of
West Memphis that this ordinance is necessary for the growth and expansion of the City of West Memplis
therefore, an emergency is hereby declared to exist, and this ordinance shall be in full force and
effect from and after its passage and approval.
Representative of the Community Action Committee appeared to request $10.00 per month
rental for 21~ chairs and 2 tables. Mayor Eden brought to the Council's attention from the
appropriation of $50.00 per month for April, May, and June $10.00 was being paid for rent
and utilities leaving a balance of $10.00 that could be used for rental of chairs and tables.
After discussion, motion was made by Alderman Smith, seconded by Alderman Rodgers: That the
$10.00 balance from the appropriation of $50.00 per month be used for rental of chairs and
tables. Upon vote, the voting was as follows:
Ayes: Aldermen: Dabba, Horton, Leggett, Rodgers, Smith, and Weis.
Nays: None.
Mr. C. J. Wilson, Executive Director of the West Memphis Housing Authority, explained the
new program recommended by HUD to provide for low-rent housing by leasing dwelling units in
privately owned structures. The Council discussed with Mr. Wilson the leasing of 250 unite to
be rented as individually constructed, eligibility to live in the pro3ect with higher income,
administrative expense of housing authority, housing authority not liable for maintenance,
options to purchase property after leasing periods, utilities to be paid by tenant, city not
responsible for guaranty of 100 occupancy. Thereupon the following Resolution was introduced
and read in full by City Attorney R. E. Wallin.
RESOLUTION N0. 372
RESOLUTION APPROVING APPLICATION OF THE PROVISIONS OF SECTION 23 OF THE UNITED STATES HOUSING ACT
OF 1937, AS AMENDED, TO LOCALITY
WHEREAS, under the provisions of Section 23 of the United States Housing Act of 1937, as
amended, the Department of Housing and Urban Development is aut~}orized to provide financial
assistance to local public housing agencies in providing low-rent housing by leasing dwelling
units in existing privately-owned structures; and
WHEREAS, said Section 23 provides that the provisions thereof shall not apply to any
locality unless the governing body of the locality has by resolution approved the application
of such provisions to such locality.
NOW, THEREFORE, be it resolved by the Council of the City of Weat Memphis, Arkansas as
follows:
The application of the provisions of Section 23 of the United States Housing Act of 1937,
as amended to lease 250 unite is approved.
Aftee the Resolution was read in full, considered, and discussed, Alderman Weis moved its
adoption and Alderman Dabbs seconded the motion. Upon vote, the voting was as follows:
Aldermen:
Ayes: Dabbs, Horton, Leggett, Rodgers, Smith, and Weia.
Nays: None.
Mra. Irene Hodges requested information on the City's requirements for floor furnaces.
Mayor Eden advised that houses have to meet the Southern Standard Housing Code. Building
Inspector W. A. Perrino stated floor furnaces should have 30 inches of clearance in order to
be safe from the danger of flooding.
Mayor Eden related results of airplane spraying program at Paragould. After discussion of
waiver from FAA, coat of $250.00 per year for liability coverage for damage from chemicals, and
the proposal of Al Paudert motion was made by Alderman Rodgers, seconded by Alderman Weis: That
the Mayor and City Clerk be authorized to enter into contract with Al Paudert Dusting Service, Inc.
in accordance with Proposal. Upon vote, the voting was as follows:
Ayers Aldermen Dabbs, Horton, Legget, Rodgers, Smith, and Weis.
Nays: None.
The Proposal read as follows:
AL PAUDERT DUSTING SERVICE, INC., an Arkansas corporation, proposes to enter into an agreement
with the City of Weat Memphis, Crittenden County, Arkansas, for the application of chemicals designed
to kill and control mosquitos within the limits of the City of Weat Memphis, ender the following terms
and conditions:
I.
AL PAUDERT DUSTING SERVICE, INC., will spray the City a minimum of five (5) times during a
period beginning May 1, 1969, and ending October 31, 1969. Application of the chemical will be by
means of aircraft owned and operated by PAUDERT and will cover the area designe$ed on the aerial layout
attached to this proposal.
II.
The chemical to be applied will be Baytex SC. The first aerial application will be applied by
PAUDERT on a date to be set by the Mayor of the City of West Memphis. The remaining four (4) or
more applications will be applied three (3) weeks apart with a minimum of two (2) days notice to be
given Paudert by the City prior to application.
III.
The price for applying the chemical will be the sum of Twenty Cents (20¢) per acre per
application for Three Thousand (3,000) acres contained within the City. This price is based on
the minimum ~f five (5) applications to be provided by PAUDERT. The price for additional applications
will be the sum of Twenty Cents (20¢) per acre per application for Three Thousand (3,000) acres. If
the City desires PAUDERT to supply the chemical Baytex SC, the price will be increased by Fifty-six
Ceuta (56¢) per acre per application for Three Thousand (3,000) acres for the chemical, or a total
of Seventy-six Ceuta (76¢) per acre per application for supplying the chemical and for application of
same.
IV.
The City would agree to have an agent or representative present at PAUDERT'S Air field prior
to mixing, loading and application of each aerial application, who will supervise and witness the
mixing and loading of the chemical Baytex SC and who will be responsible for seeing that directions
contained upon the chemical containers are followed during the milting and loading of same.
V.
The City would agree that it shall bear the full responsibility for any damages resulting from
the application of the chemical Baytex SC to persona or property, and it shall have liability
insurance to cover the same.
VI.
Any damages caused by aircraft failure or negligent operation of the aircraft would be the
responsibility of PAUDERT, and it shall carry liability insurance to cover such liability.
This proposal submitted this 19th day of March, 1969.
AL PAUDERT DUSTING SERVICE, INC.
By: /S / AL PAUDERT
President
Mayor Eden submitted plan to employ Hoe Whitley at a salary of $75.00 per month to supervise
a baseball program for children too young to be included in the Park Commission Program. Upon
request of Alderman Smith for duties of Mr. Whitley to be defined and comments by Mr. Jimmy Fall
of the Park Commission, Mayor Eden appointed a committee comps®ed of Aldermen Rodgers and Horton
to study the matter and present a report at next Council Meeting.
The Mayor brought to the Council's attention the bide for the runway extension at the
Municipal Airport were in excess of funds available, and he had requested Engineer Cy Bond, Jr.
to examine the specifications in an effort to reduce the cost of the pro3ect. Also, it had been
ascertained that the balance of funds in the_1964 construction funds can not be used for this
pro3ect nor will the City be entitled to 10~ additional grants due to MATCOG membership.
Mayor Eden reappointed Freeman Finley, C. V. Griffin, Nolan Wheeler, and W. A. Perrino as
members of the Electric Examining Board. Motion was made by Alderman Dabbs, seconded by
Alderman Weis: That the appointment of Electric Examining Board be affirmed. Upon vote, the
voting was ae follows:
Ayes: Aldermen: Dabbs, Horton, Leggett, Rodgers, Smith, and Weis.
Nays: None.
The Mayor advised that the Gas and Plumbing Examiners Boards are separate, however, the
same members serve, and reappointed Carl Reavis, Hoyt Epting, Harvey White, and I. M. Hanna.
Motion was made by Alderman Weis, seconded by Alderman Dabbs: That the appointment of the
Plumbing and Gas Examiners Hoard be affirmed. Upon vote, the voting was as follows:
Ayes: Aldermen: Dabbs, Horton, Leggett, Rodgers, Smith, and Weis.
Nays: None.
Alderman Smith inquired as to the establishing of an air conditioner and refrigeration
examining Board. City Attorney Wallin advised Alderman Rodgers had contacted him about the
matter, and to date he had not ascertained any legislative authority, however, the Attorney
General's office will be contacted.
Plan for installation of air conditioning at L. R. Jackson Community Center was considered,
thereupon, motion was made by Alderman Rodgers, seconded by Alderman Dabbs: That the Mayor be
authorized to advertise for bids on June 5th for air conditioning units fhr the Community Center
when occupied by 350 persons and 500 persons, also two storage rooms. Upon vote, the voting was
as follows:
Ayes: Aldermen: Dabbs, Horton, Leggett, Rodgers, Smith, and Weis.
Nays: None.
The Mayor brought to the Council's attention replacing four police cars. After discussion,
motion was made by Alderman Weis, seconded by Alderman Leggett: That the Mayor be authorized to
advertise for bide to be received June 5th for four police cars. Upon vote, the voting was as
follows:
Ayes: Aldermen: Dabbs, Horton, Leggett, Rodgers, Smith, and Weis.
Nays: None.
Plat of Broadway Park lath Addition being apart of Lot 7, Block 187, Subdivision of the
NE4 of Section 17, T-6-N, R-9-E was presented. The plat was approved by the Planning Commission
on May 27, 1968. After discussion, motion was made by Alderman Leggett, seconded by Alderman Weis:
That the Plat of Broadway Park 4th Addition be approved. Upon vote, the voting was as follows:
Ayes: Aldermen:' Dabbs, Horton, Leggett, Rodgers, Smith, and Weis.
Nays: None.
Mayor Eden informed the Council Phase 1 of the Comprehensive Planning program is nearing
completion, and the following Resolution had been prepared for consideration of Phase llj the
Resolution was read. After discussion, motion was made by Alderman Dabbs, seconded by
Alderman Horton: That the Resolution as presented be adopted. The voting was as follows:
Ayes: Aldermen: Dabbs, Horton, Leggett, Rodgers, Smith, and Weis.
Nays: None.
The Resolution as adopted read as follows:
t'~4
RESOLUTION N0. 373
WHEREAS, the City of West Memphis recognizes that it is necessary and in the
public interest to avail itself of assistance from the Arkansas Planning Commission
for the undertaking of a comprehensive planning program with assistance under the
Federal Urban Planning Program, and,
WHEREAS, the original contract for the comprehensive planning for the City of
West Memphis was broken down into Phase 1 and Phase 11, and,
WHEREAS, the original contract ARK P-82 executed September 26, 1968 for Phase 1
is nearing completion, it is now necessary to amend this contract to include Phase 11,
NOW THEREFORE BE IT RESOLVED BY THE CITY OF' WEST MEMPHIS, ARKANSAS
Section 1. The West Memphis, Arkansas City Council hereby authorizes the Mayor and
City Clerk to enter into an amendment to the present contract with the Arkansas Planning
Commission in order to provide for completion of the comprehensive plan.
Section 2. The City of West Memphis, will, upon execution of an amendment to
contract ARK P-82 for completion of Phase 11 with the Arkansas Planning Commission, pay
to the Arkansas Planning Commission the sum of $5,500.00 to defray as portion of the
cost of providing necessary planning services for Phase 11 of the comprehensive plan.
Mayor Eden reported action on the One Mill Tax for Firemen's Pension Fund was too
late for this year as the tax books had been prepared and collections started.
Alderman Rodgers commented on the shooting oi' dogs, and the Mayor stated the order not to
shoot at~y dog that has a license on has been reiterated. Safety of children from dangerous
dogs, notifying the owner when dog is picked-up, and use of a tranquilizer gun were discussed.
Alderman Horton proposed the City assist in formulat$g plans for seeking industry. It
was the concensua of opinion the Mayor consult with the Utility Commission as to the possitility
6f employing a man to assist in securing new industr#es by the Chamber of Commerce.
No further business being presented, the meeting was adjourned.
_, '~
ATTE
ITY
APPROVED: MAy 15, 1969