March 19, 1970MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS,
RELD ON THE 19TH DAY OF MARCH, 1970.
The City Council of the City of West Memphis, Arkansas, met in regular session at its
regular meeting place in West Memphis, Arkansas, at 3:30 P.M. on the 19th day of March,
1970. The following were present: Mayor Tilden Rodgers, presiding, and Aldermen:
F. C. Weis, R. T. Bentley, R. C. Bowie, H. R. Dabbs, Pritchard Horton, C. D. Hutcherson,
Buford L. Mallott, and R. L. Smith; and City Attorney R. E. Wallin.
Absent: None.
Minutes of Council Meetings on March 5th were approved as read.
Mayor Rodgers announced the appointment of Parvin Romines as Chief of Police, and Oath of
Office was administered to Chief Rominea. Mayor Rodgers requested reinstatmant of $100.00
per month car allowance for Chief of Police as will be using his car in hie work. Thereupon,
motion was made by Alderman Dabbs, seconded by Alderman Smith: That 5100.00 car allowance
for Chief of Police be reinstated. Upon vote, the voting was as follows:
Aye: Aldermen: Weis, Bentley, Bowie, Debbs, Horton, Hutcherson, Mallott, and Smith.
No: None.
City Attorney Wallin reported the proposed $200,000,000 Highway Bond Issue Bill was defeated
in the Legislature by one vote.
Mr. Russell Clinton, III of Doge & Clinton presented the 1969 City Audit, no action was taken
unt11 study is made by the Council.
In accordance with Notice published in the Evening Times on March 3rd and 10th, the hearing on
vacating a portion of Cox Avenue and portion of Fourth Street was held. Attorney Ralph Sloan
on behalf of the petitioners, Ray-Don Bildors, presented consent of abutting landowners. No
one appeared to object to the vacating of portion of the streets. City Attorney Wallin read the
first time an ordinance entitled "An Ordinance Vacating That Portion Of Cox Avenue Extending
From The South Line Of Ninth Street To The South Line Of Third Street (now Washington Avenue)
And That Portion d: Fourth Street Extending From The East Line Of Mudge Avenue (now Avalon
Street) East To The East Line Of Cox Avenue As Shown On Plat Of Hulbert Heights Subdivision In
The City Of bleat Memphis, Arkansas". Motion was made by Alderman Weis, seconded by Alderman
Hutcherson, that the first reading of the ordinance be approved. Upon roll call vote, the voting
was ae follows:
Aye: Alders~en: Weis, Bentley, Bowie, Debbs, Horton, Hutcherson, Mallott, and Smith.
No: None.
A preliminary. plat of Oakahire First Addition was presented. After discussion, tentative
approval was given the preliminary plat.
Mr. Earl Bruce of 211 W. Oliver presented the following petition:
211 W. Oliver
bleat Memphis, Ark.
3-5-70
To Wham It May Concern:
Due to Mre. Earl Bruce's health, I have no objections for Mr. Bruce to move a trailer in hie
back yard for his son and daughter-in-law to live in, if it is connected to sewer and water as
required by the City.
Mra. Renny Walker 213 bleat Oliver
Mr. and Mrs. Walter O'Hara 215 bleat Oliver
Mra. George Davis 212 West Oliver
Mrs. Hazel E. Miller 209 W. Oliver St.
Mre. Jewell Pryor 217 W. Oliver
Louise Rogers 210 W. Oliver
M. L. Rodman 218 W. Oliver
Mrs. M. L. Rodman 218 W. Oliver
Fred J. Bradshaw 216 W. Oliver
Gerda R. Bradshaw 216 W. Oliver
Mra. Ollie K. Davie 204 W. Oliver
Mr. and Mrs. Denver Forbie 215 W. Oliver
A letter from Dr. Bedford Smith was presented as follows:
To Whom It May Concern:
Re: Mrs. Earl Bruce, mother-in-law of Mra. Linda Bruce
Mra. Earl Bruce due to her ether severe emotional state is quite dependent on Mre. Linda Bruce,
her daughter-in-law. If possible, I think her trailer should be near Mre. Bruce's home.
BEDFORD W . SMITH, M . D .
ylnk~k+kir
After discussion as to objections from neighbors, motion was made by Alderman Weis, seconded by
Alderman Hutcherson: That the Council grant six months permission to Earl Bruce for a trailer
at 211 W. Oliver. Upon vote, the voting was as follows:
Aye: Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Mallott, and Smith.
No: None.
ie~
Attorney James Hale on behalf of Wm. L. Johnson Co., Inc. presented ordinance for
consideration of the Council to rezone portion of Block 188 from M-1 and M-2 to RT
zone. The Council was informed the Planning Commission on February 25th had
recommended the rezoning after a hearing. The Mayor stated a telegram from
Mr. Leo Chitman, President of the Weat Memphis Council of Organizations had been
received in protest to the proposed zoning. Mesara. W. L. Harris and S. E. Holbrook
acting as spokesmen for a number of residents stated their opposition to the rezoning.
Messrs. Abbott Widdicomb and Robert Cosgrove of Wm. L. Johnson Company outlined plans
for development of the property. After discussion of urban renewal, playgrounds
provided, buffer zone, lot requirements, property prices, loans, City's comprehensive
plan, representation for the developer and those protesting, motion was made by
Alderman Horton, seconded by Alderman Dabba: That the matter be postponed indefinitelq
until the two aides discuss and work together for a solution. Upon vote, the voting was
as follows:
Aye: Aldermen: Weie, Bentley, Bowie, Dabba, Horton, Hutcherson, Mellott, and Smith.
No: None.
An ordinance entitled "An Ordinance To Rezone Certain Property In Hulbert Heights
Subdivision In The City of West Memphis, Arkansas" was read the second time by City
Attorney Wallin. Motion was made by Alderman Smith, seconded by Alderman Mellott:
That the ordinance be approved on second reading. Upon vote, the voting was as follows:
Aye: Aldermen: Weie, Bentley, Bowie, Dabba, Horton, Hutcherson, Mellott, and Smith.
No: None.
An ordinance entitled "An Ordinance Vacating A Portion Of Front Street In Rulbert Heights,
City of Weat Memphis, Arkansas " read the first time February 19th and second time on
March 5th was read the third time by City Attorney Wallin. Motion was made by Alderman Weie,
seconded by Alderman Bentley: That the third reading of the ordinance be approved and the
ordinance adopted. Upon roll call vote, the voting was as follows:
Aye: Aldermen: Weis, Bentley, Bowie, Horton, Hutcherson, Mailott, and Smith.
No: None.
Alderman Dabbs abstained from voting.
The Mayor thereupon declared the ordinance 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. 626 and read as follows:
ORDINANCE N0. 626
AN ORDINANCE VACATING A PORTION OF FRONT STREET IN HULBERT HEIGHTS, CITY OF WEST MEMPHIS,
ARKANSAS.
WHEREAS, a petition was duly filed with the City Council of the City of West Memphis,
Arkansas, on the 8th day of January, 1970, asking the City Council to vacate and abandon
a certain portion of Front Street as shown on the plat of "A Revision of Blocks 58 and 62 showing
Block 63, Hulbert Heights, Hulbert, Arkansas, by C. H. Bond, Marion, Arkansas, dated
4-13-30, filed for record on April 15, 1930, and recorded in Plat Book 1 at page 45 of the
Records of Crittenden County, Arkansas, in the office of the Circuit Court Clerk and
Ex-officio Recorder within and for Crittenden County, Arkansas, such street being known as
Front Street, the portion of such street sought to be vacated being specifically described as
follows, to-wit:
Lots EighC (8), Nine (9) and Ten (10) of -Block Sixty-one (61) as shown by a plat of record in
Plat Book 1 at page 45 of the records of Crittenden County, Arkansas
and
A tract of land actuated in the Northwest Quarter of the Northeast Quarter (NWT NEB) of
Section Twenty-four (24), Township Six (6) North, Range Fight (8) East, in Crittenden
County, Arkansas commencing at a point on the center line of the main track of the
Chicago, Rock Island and Pacific Railroad Company one-hundred eighty-seven feet (187')
measured along said canter line from its intersection with the north and south center
line of Section Twenty-four (24), Township Six (6) North, Range Eight (8) East; thence
northerly at right angles to center line seventy-feet (70') to the point of beginning;
thence easterly parallel with said center line and distant seventy feet (70') northerly
therefrom for a distance of two hundred feet (200'); thence northerly at right eagles
one hundred thirty feet (130'); thence westerly, parallel with said center line, two
hundred feet (200'); thence southerly at right angles one hundred thirty feet (130') to
the point of beginning.
2.
WHEREAS, after due notice as zequired 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 said street or-the portion thereof, ae hereinbefore de-
scribed, has heretofore been dedicated to the public ae a street;
has not been actually used by the public generally for a period
of at least ten (10) years; that all of the owners of the property
abutting upon the said portion of Front Street to be vacated have
filed with the Council their written consent to such a~bandontnent
of such portion; and that the public interest and welfare will not
be adversely affected by the abandonment of such port~,on of Front
Street.
NOW, THEREFORE, be it ordained by the City Council of the
City of Weat Memphis, Arkansas:
6ECTION 1. The City of West Memphis, Arkansas, hereby re-
leases, vacates and abandons all its right, together with the
rights of the public generally, in and to the portion of Front
Street as designated and described as followsc
Lots Fight (8), Nine (9) and Ten (10) of Block
Sixty-one (61) as shown by a plat of record in
Plat F3ook 1 at page 45 of the records of Crittenden
County, Arkansas
and
A tract of land situated in the Northwest puarter
of the Northeast Quarter (NWT NEB) of Section Twenty- ,
four (24), Township Six (6) North, Range Bight (S)
East, in Crittenden County, Arkansan.,.,commencing at
a point on the center line of the main track of the
Chicago, Rock Island and pacific Railroad Company
one-hundred eighty-seven feet (187') easterly
measured along said center line froth its intersection
with the north and south center line of Section
Twenty-four (24), Township Six (6) North, Range Bight
(8) East; thence northerly at right angles to center
line seventy feet (70') to the point of beginnings
thence easterly parallel with said center line and
distant seventy feet (70') northerly therefrom fQr
a distance of two hundred feet (200'); thence
northerly at right angles one hundred thirty feet
(130')= thence westerly, parallel with said center
line, two hundred feet (200'); thence southerly at
right angles one hundred thirty feet (130') to the
point of beginning.
SECTION 2. A copy of this ordinance when duly certified
by the City Cleric shall be filed in the office of the Circuit
Court Clerk and Ex-Officio Recorder within and for Crittenden
County, Arkansas.
SECTION 3. This ordinance shall take affect and be in
full force and effect from and after its passage.,
~.6~
Mayor Rodgers recommended the appointment of S. E. Holsbrook as a member of Board of
Adjustment to serve the unexpired term of W. L. Barbour, Jr. Thereupon motion was made
by Alderman Smith, aeconded by Alderman Bentley: That the appointment of S. E. Holabrook
be approved. Upon vote, the voting was as follows:
Aye: Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Mallott, and Smith.
Nol-: None.
An ordinance entitled "An Ordinance To Rezone Lot 7, Block 26, M. L. Thrnnpaon's Subdivision
In The City Of Weat Memphis, Arkansas" read the first time on February 19th and second time
on March 5th was read the third time by City Attorney R. E. Wallin. Motion was made by
Alderman Weis, aeconded by Alderman Mallott: That the third reading of the ordinance be
approved, and the ordinance be adopted. Upon roll call vote, the following voted:
Aye: Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutchersnn, Mallott, and Smith.
No: None.
The Mayor thereupon declared the ordinance 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. 627, and read as follows:
ORDINANCE NO. 627
AN OII.DINANCE TO REZONE LOT 7, BLOCK 26; M. L.
THONIPSON'S SUBDIVISION IN THE CITY OF WEST MEMPHIS
ARKANSAS
~VH1~'.1;.I,,t15, N<;w Mount Zion Baptist Church bas petitionet~. the West '
Memphis City I']aruiing Commission to rezone the hereinafter c:.acribed
property; and
• \ViIEI~I'.AS, notice was duly published on January 29; 1970, as provided
by law, of a hearing to be held before the West Memphis City Planning
Ccmn!i~~i~ui a! :3::70 p. m, on February 25, 1970, for the purpose of hewing
any nterr,,frri p:art.ies in connection with the rezoning of said lands; and
WHF',P.L'',S, at said meeting on February 25, 1970, the petition was
considered by the Planning Commission and, no persons appearing to protest
the satnc~, the Planning Commission recommended to the Gity Council that said
pet ii ion. hr granted: NOW, THEREFORE,
13T~: iT OItDAINLD BY TIII CITY COUNCIL OF THE CITY OF WEST '
MT;MPiliS:
SFC ~N 1: That.the following described property, to wit:
,L~,4 7 ia~ Iloek 26, 11H. L. Thompson 's Subdivision to the city
~,f 'vVi~st M~.?mphis, Arkansas,
lx~ ,,,~d (.h~~ sunie iy hr~rcby rc~umed C-4, C.cntral Commerc:~al Dit~trict.
S~ ction ti: A 11 ordinances and parts of ordinances in conflict herewith are
hcr•eby repealed, and this ordinance shall be in full force and effect from and
after its passage and publication as provided by law. ,
Mayor Rodgers informed the Council a privilege license had been issued to City Patrol and
Guard Service (Roy Edmaiston) and recommended for good of City that the license be revoked
and amount paid be refunded. After discussion, motion was made by Alderman Horton, seconded
by Alderman Hutcherson: That revoke permit and refund amount paid. Upon roll call vote, the
voting was as follows: ,
Aye: Aldermen: Weis, Bentley, Dabbs, Horton, Hutcherson, Malbtt, and Smith.
No: None.
Alderman Bowie abstained from voting.
City Attorney Wallin presented an ordinance pertaining to investigation by the Police
Department of persona requesting Detective, Agent, and Watctm~an license for the Council's
consideration. The ordinance entitled "An Ordinance To Amend Section I Of Ordinance No. 580
Of The City Of West Piemphis, Arkansas: Declaring An Emergency And For Other Furposes"
was read in full by the City Attorney.
Alderman Smith, seconded by Alderman Mallott, 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:
Aye: Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Mallott, and Smith.
No: 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 Hutcherson, seconded by Alderman Bentley then moved that ttm rule requiring the
resding~of an ordinance in full on three different days be further suspended and that the
ordinance be placed on its th ird reading. The Mayor put the question on the adoption of the
motion and the roll being called the following voted:
Bowie,
Aye: Aldermen: Weis, Bentley,/Dabbs, Horton, Hutcherson, Mallott, and Smith.
No: 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 a~ the rule
suspended. The ordinance was then read the third time by the City Attorney.
Alderman Bowie, seconded by Alderman Horton, moved that the ordinance be adopted. The question
was put by the Diayor on the adoption of the motion and the roll being called, the following
voted:
Bowie
Aye: Aldermen: Weis, Batley,/Dabbs, Horton, Hutcherson, Mallott, and Ss~ith.
No: None.
Alderman Dabbs, seconded by Alderman Weis, moved that Section 3, the emergency clause, be
adopted, and on roll call the following voted:
Aye: Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Mallott, and Smith.
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. 628. The ordinance read as follows:
ORDINANCE N0. 628
AN ORDINANCE TO AMEND SECTION I OF ORDINANCE N0. 580 OF THE CITY OF WEST MEMPHIS, ARKANSAS:
DECLARING AN EMERGENCY AND FOR OTHER PURPOSES
BE ZT ORDAINED by the City Council of the City of Weat Memphis, Arkansas:
SECTION I. Section I of Ordinance 580 of the City of Weat Memphis is hereby amended on Page 5
of said Ordinance by inserting the words (West Ptemphia Police Department investigation and
approval), following the words "Detective, Agent, Watchman".
SECTION II. Said amendment and addition to Ordinance 580 of the City of West Memphis shall
become an integral part of said Ordinance 580 and all ordinances in conflict herewith are
hereby repealed and abolished.
SECTION III. It is found and determined by the City Council of the City of West Memphis,
Arkansas, that this Ordinance is immediately necessary for the health, safety and welfare of
the inhabitants of the City of West Memphis and an emergency is hereby declared to exist and
this ordinance shall be in full force and effect from and after its passage and approval.
~~
Mayor Rodgers presented the following committee and board appointment recommendations:
Electric Examiners:
Pat Johnson
C. L. Griffin
Nolan Wheeler
Arthur Goe
Gas Examiners:
I, K. Hanna
Billy J. Grigsbee
Harvey White
Hoyt Epting
Plumbing Examiners:
I. M. Hanna
Rufus Reavis
Hoyt Epting
Glen May
Park Commission:
Leroy Helcel
Planning Commission:
Mike Brownlee
Port Commission:
E. C. 'Took" Gathings
Library Trustees:
Mrs. L. H. Polk
Mre. R. K. Bollinger
Motion was made by Alderman Smith, seconded by Alderman Hutcherson: That the appointments be
approved in entirety.
Thereupon, a motion for recess was made by Alderman Weis, seconded by Alderman Mallott, and
adopted.
The Mayor called the meeting to order, and announced the appointment to the Port Commission
does not require approval by the Council, therefore, E. C. "Took" Gathings would serve as a
member of the Port Commission.
Upon roll call vote as to appointment 1n entirety, the vote was as follows:
Aye: Aldermen: Bentley, Hutcherson, and Smith.
No: Aldermen: Weis, Bowie, Dabba, Horton, and Mallott.
The motion failed.
The appointsiente were then presented individually and voting was as follows:
Electric Examiners:
Pat Johnson
Aye: Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Mallott, and Smith.
No: None.
C. L. Griffin
Aye: Aldermen: Weis, Bentley, Bowie, Dabba, Horton, Hutcherson, Mallott, and Smith.
No: None.
Nolan Wheeler
ifiy~t:? Aideimen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Diallott, and Smith.
No: None
Arthur Goe
Aye: Aldermen: Smith, Hutcherson, Bentley
No: Aldermen: Bowie, Horton, Dabbs, and Weis.
Mayor Rodgers stated another appointment will be submitted at a later date, and requested
recommendations from the Council.
Gas Examiners:
I. M. Hanna
Aye: Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Mallott, and Smith
No: None.
Billy J. Grigsbee
Aye: Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Mallott, and Smith
No: None.
Harvey White
Aye: Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Mallott, and Smith
No: None.
Hoyt Epting
Aye:- Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Mallott, and Smith
No: None.
Plumbing Examiners:
I. M. Hanna
Aye: Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Mallott, and Smith
No: None.
Carl Reavia
Aye: Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Mallott, and Smith
No: None.
Hoyt Epting
Aye: Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Mallott, and Smith
No: None.
Glen May
Aye: Aldermen: Weis, Bentley, Bowie, Dabbs, Hozton, Hutcherson, Mallott, and Smith
No: None.
Park Commissioner:
Leray Helcel
Aye: Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Mallott, and Smith
No: None.
Flanning Commissioner:
Dtike Brownlee
Aye: Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Mallott, and Smith
No: None.
Library Commissioner:
Mrs. L. H. Polk
Aye: Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Mallott, and Smith
No: None.
Mre. R. K. Bollinger
Aye: Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Mallott, and Smith
No: None.
A street committee to survey and present list of priorities for street work, and make a study
of the feaeilibity of the city operating asphalt plant or purchase of asphalt was appointed
by the Mayor as follows: Alderman R. L. Smith, Chairman, Alderman Pritchard Horton,
Charles Hampton and Holiia Warren of the Street Department, Cy Bond of Bond Engineering, and
Sam Croea of Cross and Barnett Engineering.
Committee to study revision of the ordinances was appointed by the Mayor ae follows:
Alderman R. C. Bowie, Chairman, Aldermen Weia and Bentley, and City Attorney Wallin.
The Mayor announced there. will be a meeting 10:00 A.M. Friday, March 20th with the Urban
Renewal Committee at the old utility building, and the members of Council are invited to
attend.
It was brought to the Council's attention authority was not given for payment of expenses
for the health program, and Judge Beck had stated the County will reimburse the City
$15,000 a year. After discussion, motion was made by Alderman Bentley, seconded by
Alderman Hutcherson: That the City enter into health program in the amount of $15,000 for
expenses for the year, said amount to be reimbursed by the County. Upon vote, the voting
was as follows:
Aye: Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Mallott, and Smith
No: None.
The Mayor requested authority to advertise for bide for 1~ ton trash truck. Motion was made by
Alderman Weis, seconded by Alderman Mallott: That the Mayor be authorized to advertise for bide
for 1~ ton trash truck bide to be received on April 16th. Upon vote, the voting was ae follows:
Aye: Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Mallott, and Smith
No: None.
Joseph Camp of 2608 E. Broadway presented request to p8~8~#otdrailer for living purposes at the
rear of hta service station at 2608 E. Broadway due to/w n ows being broken at night. After
discussion, motion was made by Alderman Weis, seconded by Alderman Hutcherson: That the request
be denied at this time. Upon vote, the voting was ae follows:
Aye: Aldermen: Weis, Bentley, Bowie, Dabbs, Horton, Hutcherson, Mallott, and Smith
No : N one .
Alderman Weis inf ormed the Council the Insurance Commission had awarded the Workmen's
Compensation and General Liability Excluding Autos to Crittenden Insurance Co. and Comprehensive
Automobile Liability to United Insurance Agency.
Alderman Buford L. Mallott was welcomed to the Council.
~~~
P. G. Para of the Utility Commission reported to the Council on the Audit of Utility
Commission, and discussed grants to be made to the City. An invitation was extended
for the Council to meet with the Commission at 2 PM on the first Monday of each month.
DeMolay City Officials for the day were welcomed and Acting Mayors Ricky Griffin and
Mike Bollinger presented Mayor Rodgers an American Flag for the Mayor's Office.
No further business being presented, the meeting was adjourned.
MAYOR
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APPROVED: AFRIL 2, 1970