March 18, 1971~~
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS,
HELD ON THE 18TH DAY OF MARCH, 1971.
The Council of the City of West Memphis, in the County of Crittenden, State of Arkansas,
met in regular session at the City Hall in said City, at 4:30 o'clock p.m., on the 18th
day of March, 1971.
The meeting was called to order by the Mayor, and the roll being called, there were:
Present: Tilden Rogers, Mayor, in the chair, and the following named Aldermen:
James E. Hightower Bill Dabbs
Pritchard Horton Tommy Dickerson
C. D. Hutcherson D. M. Grimaley
R. L. Smith Willie Lee Harris
R. T. Bentley
City Attorney R. E. Wallin.
Absent: Alderman M. P. Scott.
It being determined a quorum was present, the following proceedings were had to-wit:
Minutes of Council Meeting on March 4, 1971, were approved as read.
Alderman Smith reported at the March 16th Street Committee meeting plans to rebuild atreeta Were
abandoned, and the funds available to be utilized for overlays. City Engineer Hampton had been
requested to determine priority of streets for work that the condition of Walker Street is acute
and N. Avalon, Stuart, and 18th Streets need repairs, however, due to moisture in the ground it
ie not advisable to commence the projects prior to June 1st. Specifications for construction of
atreeta are being prepared by the engineers on the committee and will be presented at a later date.
Mr. Russell Clinton of Dodge & Clinton, Certified Public Accountants, was present to answer questions
on the 1970 Audit, thereupon, motion was made by Alderman Smith, seconded by Alderman Hortot-: That
the 1970 Audit be approved. Upon vote, the voting was as follows:
Aye: Aldermen: Hightower, Horton, Hutcherson, Smith, Bentley, Dabbe, Dickerson, Grimsley, and
Harris.
Nay: None.
Mayor Rodgers announced bids for Insurance as per Notice published in the Evening Times on
February 25th and March 4th would be received. The fo]Lowing bids were opened:
Home Insurance Company - United Insurance Agency of Arkansas, Inc.
This agency will write your Comprehensive Public Liability and Property Damage Insurance on
your automotive unite as per the list of units submitted and in accordance with your bid requirements
for 51% off the manual current rates promulgated by the National Bureau of Casualty Unde4writers.
*~
Crittenden Insurance Agency, Inc.
We respectively submit our bid for Workmen's Compensation as advertised. Our bid is manual rates
with guaranteed cost and a participa tang plan wherein you would receive premium discount if the
losses are kept at a minimum.
Our bid for the General Liability excluding automobile as advertised is 55% off manual.
We respectively submit our bid for Comprehensive Automobile Liability as advertised. Our bid
for a period of one year is 40.3% off manual.
***
Delta Insurance Agency, Inc.
(Letter not able to submit bide) The bids were turned over to the Insurance Committee.
Final Plat of J. 0. E. Beck Subdivision lying in the NWT Of Section 16, T-6-N, R-9-E was presented
by Mr. C. H. Bond, Jr. kecommendations of the Planning Commission for approval of the Plat and
extension of OK Street north to Broadway were brought to the Council's attention. Problems of the
Fire Department and traffic congestion were pointed out by City Engineer Hampton. After diacuseton,
motion was made by Alderman Grimsley, seconded by Alderman Harris: That the Final Plat of
J. 0. E. Beck Subdivision be approved. Upon roll call vote, the voting was ae follows:
Aye: Aldermen: Hightower, Horton, Hutcherson, Smith, Bentley, Dabbs, Grimsley, and Harris.
No: Alderman: Dickerson.
The motion passed.
City Attorney Wallin advised the Council of the provisions of Stale Statute for an annual permit
fee for mixed drinks and that the lnformation received from the Revenue Department had been in
error necessitating the repeal of Ordinance No. 668. Alderman Dabbs introduced an ordinance
entitled "An Ordinance To Repeal Ordinance No. 668 Of The C ity Of West Memphis, Arkansas, Declaring
An Emergency And For Other Purpsoes", and City Attorney Wallin read the ordinance in full.
t
Alderman Hightower, seconeafl 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:
Aye: Aldermen: Hightower, Horton, Hutcherson, Smith, Bentley, Dabbs, Dickerson, Grimaley, and Harm
No: None.
~3 Y O
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 Dickerson, seconded by Alderman Benfley then moved that the rule regdring the reading of
an ordinance in full on three different days be further suspended and that the ordinance be
placed on its third reading. The Mayor put the question on the adoption of the motion and the
roll being called the following voted:
Aye: Aldermen: Hightower, Horton, Hutcherson, Smith, Bentley, Dabbs, Dickerson, Grimaley, and
Harris.
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 and the rule suspended. The
ordinance was then read the third time by the City Attorney.
Alderman Grimsley, seconded by Alderman Harris 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:
Aye: Aldermen; Hightower, Horton, Hutcherson, Smith, Bentley, Dabbs, Dickerson, Grimaley, and
Harris.
No: None.
Alderman Hutcherson, seconded by Alderman Smith, moved that Section 2, the emergency clause be
adopted, and on roll call the following voted:
Aye: Aldermen: Hightower, Horton, Hutcherson, Smith, Bentley, Dabbs, Dickerson, Grimaley, and
Harris.
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. 671. The ordinance read as follows:
ORDINANCE N0. 671
AN ORDINANCE TO REPEAL ORDINANCE N0. 668 OF THE CITY OF WEST MEMPHIS, APKANSAS, LECLARING AN
EMERGENCY AND FOR OTHER PURPSOES.
BE IT ORA9INED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS:
Section 1. That Ordinance No. 668 of the City of Weat Memphis, Arkansas, passed on the 4th day of
March, 1971, is hereby specifically repealed and abolished in its entirety.
Section 2. It is found and determined by the City Council of the City of Weat Memphis, Arkansas,
that this repealer is immediately necessary in the interest of the health, safety and welfare of the
citizens of Weat 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.
******
Alderman Smith introduced an ordinance entitled: "An Ordinance To Amend Ordinance No. 609 Of The
City Of West Memphis, Arkansas, Levying An Annual Permit Fee Upon All Private Non-Profit
Associations And/Or Corporations Established For Fraternal, Patriotic, Recreational, Political,
Social And Other Mutual Purposes, As Authorized By Law, Established Not For Pecuniary Gain,
Wherein Said Non-Profit Associations And/Or Corporations Have Been Granted A Mixed Drink Permit
From The Arkansas Beverage Control Board, Pursuant To Act 132 Of The 1969 Acta Of Arkansas; Declaring
An Emergency And For Other Purposes" and the City Attorney read the ordinance in full.
Alderman Hutcherson, seconded by Alderman Harris, 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: Hightower, Horton, Hutcherson, Smith, Bentley, Dabbs, Dickerson, Grimsley, and Harris.
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 Grimsley, seconded by Alderman Bentley then moved that the rule requiring the reading of
an ordinance in full on three different days be further suspended and that the ordinance be placed
on its third reading. Thd Mayor put the question on the adoption of the motion and the roll being
called the following voted:
Aye: Aldermen: Hightower, Horton, Hutcherson, Smith, Bentley, Dabbs, Dickerson, Grimsley, and Harris.
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 and the rule suspended. The
ordinance was then read the third time by the City Attorney.
Alderman Dickerson, seconded by Alderman Horton, 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:
Aye: Aldermen: Hightower, Horton, Hutcherson, Smith, Bentley, Dabbs, Dickerson, Grimsley, and Harris.
No: None.
Alderman Hightower, seconded by Alderman Dabbs, moved that Section 6, the emergency clause, be adopted
and on roll call the following voted:
Aye: Aldermen: Hightower, Horton, Hutcherson, Smith, Bentley, llabbs, Mckereon, Grimsley, and Harris
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. 672. The ordinance read as follows:
ORDINANCE NO. ~~
AN ORDINANCE TO AMEND ORDINANCE NOS 609 OF THE
CITY OF WEST MEMPHIS, ARKANSAS, LEVYING AN ANN-
UAL PERMIT FEE UPON ALL PRI VATE NON-PROFIT
ASSOCI ATIONS AND/OR CORPORATIONS ESTABLISHED FOR
FRATERNAL, PATRIOTI C, RECREATIONAL, POLITI CAL,
SOCIAL AND OTHER MUTUAL PURPOSES, AS AUTHORIZED
BY LAW, ESTABLISHED NOT FOR PECUNIARY GAIN, WHERE-
I N SAI D NON-PROFIT ASSOCIATIONS AND jOR CORPORATIONS
HAVE BEEN GRANTED A MIXED DRINK PERMIT FROM THE
ARKANSAS BEVERAGE CONTROL BOARD, PURSUANT TO ACT
132 OF THE 1969 ACTS OF ARKANSAS; DECLARI NG AN
EMERGENCY AND FOR OTHER PURPOSES.
BE I T ORDAI NED BY THE CITY COUNCI L OF THE CITY OF
WEST MEMPHIS, ARKANSAS:
Section 1. Ordinance No. 609 of the City of West Memphis, Arkansas,
is hereby amended to read as follows:
"Section 1. That pursuant to Act 132 of the 1969 Acts of Arkansas,
an annual permit fee in the amount of $250.00 is hereby levied and assessed
on each and every non-profit association andjor corporation established for
fraternal, patriotic, recreational, political, social and other mutual purposes
as authorized by law established not for pecuniary gain; within the City of
West Memphis, Arkansas, wherein said organization has been granted a
permit under the authority specifically set forth in Act 132 of the 1969 Acts
of Arkansas.
Section 2. Said permit fee shall be due and payable on January 1
of each year by all such non-profit associations andjor corporations herein-
before set out and said permit fee shall become delinquent on the 1st day of
February thereafter. Any such non-profit association andf or corporation
as hereinbefore mentioned from which a permit fee is payable to the City
of West Memphis under this Ordinance subsequent to January 1 of any year,
shall immediately apply for and pay the permit fee provided for in this
Ordinance and if same is not paid within thirty (30) days after such non-
profit association and/or corporation is granted a permit by the Alcoholic
Beverage Control Board pursuant to the authority of Act 132 of the 1969 Acts
C;$U
of Arkansas, then said fee shall be delinquent and the Chief of the West
Memphis Police Department shall forthwith notify the Alcoholic Beverage
Control Board of such delinquency and request that said permit issued by
the Alcoholic Beverage Control Board be revoked, according to Act 132
of the 1969 Acts of Arkansas.
Section 3. That pursuant to Act 132 of the 1969 Acts of Arkansas,
there is hereby levied a supplemental tax'of five percentum (5%) upon the
gross proceeds or gross receipts of such associations and/or corporations
as are mentioned in Section 1. hereof, from the charges to members for the
preparation of and serving of such mixed drinks or for the cooling and serv-
ing of such beer and wine, pursuant to Act 132 of the 1969 Acts of Arkansas.
Section 4. Said supplemental tax shall be reported snd paid to the
Clerk of the City of West Memphis pursuant to Act 132 of the 1969 Acts of
Arkansas.
Section 5. All Ordinances or parts of Ordinances in conflict here-
with are hereby repealed.
Section 6. It is found and determined by the City Council d' the
City of West Memphis, Arkansas, that additional revenues are needed by
the City d West Memphis and the legislature of the State of Arkansas has
authorized the levying of the fee and tax specified herein and therefore this
Ordinance is immediately 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. "
Mayor Rodgers brought to the Council's attention a 1964 Chevrolet pickup truck used by the .Park
Commission is no longer useful due to condition of the truck, aad three bids have been received
for the purchase. A Resolution prepared by City Attorney Wallin authorizing sale of the truck
was read. After discussion, motion was made by Alderman Dabbs, seconded by Alderman Bentley:
That the Resolution as read be adopted. Upon vote, the voting was as follows:
Aye: Aldermen: Hightower, Horton, Hutcherson, Smith, Bentley, Dabba, Dickerson, Grimaley, and
Harris.
No: None.
The Resolution read as follows:
€~~1
_____.. ,,:~. ~_..___.__.___~.__e~_____..___~..._______.~
RESOLUTION NO. ~~
WHEREAS, the Mayor of the City of West Memphis is authorized
by Act 28 of the 1959 Acts of Atka nsas to sell or dispose of municipal equip-
meat; and,
WHEREAS, the Mayor of the City o°. West Memphis has determined
that a 1964 Chevrolet pickup truck, vehicle identification No. 4C144S2089a1
is no longer necessary and useful in the business of the City of Nest Memphis;
and,
WHEREAS, the Mayor of the City ~ West Memphis has accepted
competitive bids o.n said vehicle as required by law a.nd has certified his
opinion to the Council that said sale is in the best interest of the City of
West Memphis a.nd that said vehicle should be sold to the highest bidder;
and,
WHEREAS three bids were taken on said vehicle by the Mayor and
the highest bid resu°.ted in a.n offer of $120.00;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF WEST MEMPHIS, that tte sale of the aforementioned
vehicle for the amount of $120.00 is hereby approved and the Mayor a.nd the
City Clerk are authorized to execute the necessary documents for the conveyance
of said vehicle a.nd their actions in this respect are hereby ratified, approved
a.nd confirmed by this Council for and in the best interest of the City o.f West
Memphis.
Mayor Rodgers stated a jeep, dump truck, and stake body truck have been sent to a Salvage Pool.
The possability of a Bulk Mail Distribution Center being constructed in the West Memphis area
was discussed, and Resolution prepared by the City Attorney presented. Motion was made by
Alderman Grimsley, seconded by Alderman Hightower: That the resolution as presented be adopted.
Upon vote, the voting was as follows:
Aye: Aldermen: Hightower, Horton, Hutcherson, Smith, Bentley, Dabbs, Dickerson, Grimsley, and
Harris.
No: None.
The resolution read as follows:
33
RESOLUTION NO, `7
WHEREAS, the City Council of the City of West Memphis has
been advised that the U. S. Postal Department is considering prospective
sites for the location of a proposed Bulk Mail Distribution Center within
or very close in proximity to the City of Weat Memphis, Arkansan; and,
WHEREAS, the City Council of the City of West Memphis feels
that said Bulk Mail Distribution Center should be located in West Memphis,
Crittenden County, Arkansas, and that prime consideration should be
given to this recommendation; and,
WHEREAS, the location of said Bulk Mail Distribution Center in
West Memphis, Crittenden County, Arkansas, through the U. S. Postal
Service would have the distinct advantage of availing itself of a most ad-
vantageous location for the transportation of mail from West Memphis due
to the immediate location of excellent interstate highway facilities to this
City and air facilities, as well as advantageous land costs and many other
factors of merit,
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF WEST MEMPHIS, ARKANSAS, That the U. S. Post Office
Department is hereby requested to consider the expression of this public
body and further that Congressman Bili Alexander be commended for his
efforts and assistance in trying to help locate said Bulk Mail Distribution
Center at West Memphis, Crittenden County, Arkansas. Further, the Mayor
of the City of West Memphis is hereby requested to forward a copy of this
Resolution of request and commendation to Congressman Bill Alexander,
Postmaster General William Blount, Senators John McClellan and J. W.
Fulb right.
Alderman Smith presented request of Mrs. Lee Warrington, 224 Ross for variation of the zoning ordinance
requirements for single family dwelling unit to permit addition of efficienty apartment. The Council
was informed the neighbors had been contacted and did not object. Motion was made by Alderman Dabbs,
seconded by Alderman Grimsley: That variation of the ordinance be granted Mrs. Lee Warrington for
efficiency apartment at 224 Ross. Upon vote, the voting was as follows:
Aye: Aldermen: Hightower, HorL-on, Hutcherson, Smith, Bentley, Dabbs, Dickerson, Grimsley, and Harris.
No: None.
Dlr. Ralph H. Martin of West Memphis Refrigeration Company presented the following request:
U~/est Memphis ~`efrigeration Company w
113 N. 7+h STR~ET • PHONE 735-4496 • P. O. BOX 1149 • WEST +vIEMPHIS, ARKANSAS X2301
City Councel
West Memphis, Arkansas
Dear Si~s~
41e, the undersigned propose to the city councel~ of West Memphis
Arkansas, that you 'study these suggestions for a heating air con8itiohy
and refrigeration commissions So set up an examining board so that
only qualified persons may be licensed to perform work in ~he city of
Ylest Memphis for the sole purpose to protect the citizens.
That each person be licensed in accord with his or her ability to
perform the work or service. Such as fourths third seconds or first
class licenses. This is to keep some ~aekleg from ~rying to do a fir}ishec~
fob and ''only half doing the work required.
That a person or co>~pany doing business in the city of West Memphis
maintain a shops (not a telephone or answering service.) This is not
to prohibit a company from coming into the city but if they doh
then they must obtain a permit for a particular fob, not obs.
This permit should be based on the size of the ~ob~ and this company
must have qualified personnel or supervision. If said company does
not perform its work to meet the approval of the city inspectory that}
he has the authority to make them do their Mork over or be subject
to a fine or penalty. If this happens too often then the commission
has the right to refuse more permits.
That the city issue written permits to any person or company doing
such work in the city based on the size of the fob; such as'S0¢ per
lO~CCC btu heating anc~ ~1.C0 per ton on air condition and ~5¢ per
horse power on refrigeration.
That a person making an 'installation with out 'a permit be sub~lact a
°~25.CC fine on the first offenses $5C'.CC on the second and revolt hid
or her license on the third.
That the persons or company personnel be obligated. to report to the
city fire deapartment anything that may seem incorrect or unsafe..
That we as a hold may work with them to make ours a safer place to
live.
Name Nslae
Name Co
Mayor Rodgers appointed a committee to consult with Mr. Martin and present report at a later date.
Members of the committee were: Alderman Smith, Chairman, Aldermen Grimsley, Dickerson, and Building
Inspector Perrine.
Mayor Rodgers reported status of the Bill revising the distribution of .breakage fees and funds derives
from uncashed tickets at Southland Race Track. The Mayor read letter from Wonder City Boys Club
requesting joint meeting of the Council pertaining to use of L. R. Jackson Community Center. 7:30 PM
Thursday, March 25th was selected for the meeting date.
Financial Statement for the West Memphis Municipal Airport prepared by Kennedy & Wilkerson, Certified
Public Accountants, was presented. Mayor Rodgers congratulated Airport Commission Chairman Tennison,
on his work for the Airport.
Alderman Dabbs reported on meeting attended in Little Rock in regard to the West Memphis River Port.
Alderman Hightower informed the Council of a probable location of about 5 acres off Jackson Street fa-
a training center for the Fire Department.
Alderman Grimsley requested progress report on the stop light at Missouri and Dover Roads, and was
informed by the Mayor action is to be taken on the matter; also signs at service stations are
controlled by the State if on the State's right of way.
There being no further business, the Council adjourned.
~ -.
.i'
ATTES ,. -~
CITY C
~k~-c~ / (. 7 ~
MAYOR
APPROVED: APRIL 1, 1971