July 1, 1971~~~
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF 'PHE CITY OF WES'P MEMPHIS, ARKANSAS,
' HELD ON THE 1ST DAY OF JULY 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 lat day of July,
1971.
The meeting was called to order by the Mayor, and the roll being called there were:
Present: Tilden Rodgers, Mayor, in the chair, and the following named Aldermen:
Bill Dabbs Pritchard Horton
Tommy Dickerson C. D. Hutcherson
D. M. Grimsley M. P. Scott
Willie Lee Harris R. L. Smith
James Hightower R. T. Bentley
City Attorney R. E. Wallin
Absent: None.
It being determined a quorum was present, the following proceedings were had to-wit:
Minutes of Council Meetings of June 3rd and June 17th were approved as read.
Alderman Smith, Chairman of the Street Committee, reported the bid for work on Walker Street had
been awarded to Warren Brothers Company.
Mayor Rodgers informed the Council signal control lights had been installed at Dover Road and
North Missouri, and E. Broadway and Walker Street.
Method of repairing streets was discussed, and Alderman Smith announced a group will go to
West Helena on July 7th at 7 A.M. to inspect the asphalt plant in order to obtain additional
information.
An ordinance entitled "An Ordinance Accepting Territory Annexed To The City of West Memphis,
Arkansas" read the first time on June 3rd and the second time on June 17th was read the third time
by City Attorney Wallin. Motion was made by Alderman Smith, seconded by .".lderman Hutcherson:
That the ordinance be adoptedon the third and final reading. Revenue to be derived from the
annexation, obligations of the City, control of zoning were discussed. The question was put by
the DSayor on the adoption of the motion and the roll being called, the following voted:
Aye: Aldermen: Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, and Smith.
Nay: Alderman Scott
Alderman Bentley abstained from voting.
The Tlayor 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. 684 and
read as follows:
ORDINANCE NO.~
3? 3
AN ORDINANCE ACCEPTING TERRITORY ANNEXED TO THE
- CITY OF WEST MEMPHIS, ARKANSAS
WHEREAS, James C. Rainer, III, Nell E. Rainer, Gwyn Rainer Foote,
Central States Investment Company, Jack W, Rich, City of West Memphis,
Arkansas, and Bunge Corporation have instituted proceedings in the County
Court of Crittenden County, Arkansas, for the annexation of certain territory
to the city of West Memphis, Arkansas; and
WHEREAS, such territory is contiguous to the city of West Memphis
and it is proper and rid ht and for the best interest of such city that such
territory should be annexed; and
WHEREAS, the County Court of Crittenden County, Arkansas, has
entered its order of April 13, 1971, approving the annexation of such territory
as hereinafter described to this city and on the 18th day of May 1971,
entered its order confirming such annexation and it is necessary that the city
accept such territory before the annexation can be completed and the territory
hereinafter described become a part of the city of West Memphis:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WEST MEMPHIS, ARKANSAS:
a SECTION I: That the territory hereinafter described be, and it is hereby, ac-
~cepted as a part of the city of West Memphis, Arkansas, to wit:
Tract No, 1: The fractional part of the WZ W~ of Section 13,
Township 6 North, Range 8 East, Crittenden County, Arkansas,
'~ more particularly described as follows: Beginning at a point
on the south line of Section 13, Township 6 North, Range 8 East,
t that is 1820 feet west of the southeast corner of the SW, of Sec-
tion 13, said point being on the existing city limits of the City
of West Memphis; thence west along the south line of Section 13
to the southwest corner of Section 13; thence North along the
West line of Section 13 to a point 587 feet south of the center
line of U, S. Highway 70; said point being on the present city
limits; thence e~ st 824, 7 feet along the existing city limits;
thence south a:.ong the existing city limits to the point of be-
ginning, containing 87, 5 acres, more or less.
Tract No. 2; The fractional east part of the SE} of Section 10,
Township 6 North, Range 8 East, Crittenden County, Arkansas,
more particularly described as follows: Beginning at the south-
east corner of Section 10; thence north along the east line of
Section 10 a distance of 2640 feet; thence west 1328 feet along the
north line of the SE4; thence south 2640 feet to a point on the
south line of the SE9i thence east 1342 feet along said south line
to the point of beginning, containing 80. 9 acres.
Tract No, 3: NW'-~ of Section 14, Township 6 North, Range 8 East,
containing 160 acres.
Tract No. 4: NE9 of Section 15, Township 6 North, Range 8 East,
containing 160 acres.
Tract No, 5: The fractional part of the WZ of Section 15 and the
fractional part of the WZ of Section 22, all in Township 6 North,
Range 8 East, more particularly described as follows: Beginning
at the center of Section 15, Township 6 North, Range 8 East,
thence south along the east line of the WZ of Section 15 a distance
of 660 feet; thence west 478 feet; thence south 300 feet; thence
west 600 feet; thence south 3060 feet; thence west 120 feet; thence
south 1800 feet; thence west 800 feet; thence north 1800 feet; thence
east 50 feet; thence north 6595 feet to a point on the north line of
Section 15; thence east 1948 feet along said north line of Section
15 to the northeast corner of the NW9 of Section 15; thence south
along the east line of the NW4 of Section 15 to the point of beginning,
containing 289. 3 acres,more or less,
SECTI@~T II: That the territory herein described be, and it is hereby, attached
_ ___~_ _. __ nr___~ ~ _r aL_ n:a.. _r ~xt,. ,.a rR..-....1..: ,. .....7 .. L...'il P....+h.v;Fh
Arkansas, and Bunge Corporation have instituted proceedings in the County
Court of Crittenden County, Arkansas, for the annexation of certain territory
to the city of West Memphis, Arkansas; and
WHEREAS, such territory is contiguous to the city of West Memphis
and it is proper and rid ht and for the best interest of such city that such
territory should be annexed; and
WHEREAS, the County Court of Crittenden County, Arkansas, has
entered its order of April 13, 1971, approving the annexation of such territory
as hereinafter described to this city and on the 18th day of May 1971,
entered its order confirming such annexation and it is necessary that the city
accept such territory before the annexation can be completed and the territory
y hereinafter described become a part of the city of West Memphis:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
i
7
THE CITY OF WEST MEMPHIS, ARKANSAS:
' SECTION I: That the territory hereinafter described be, and it is hereby, ac-
~cepted as a part of the city of West Memphis, Arkansas, to wit:
Tract No, 1: The fractional part of the W~ W'~ of Section 13,
Township 6 North, Range 8 East, Crittenden County, Arkansas,
more particularly described as follows: Beginning at a point
on the south line of Section 13, Township 6 North, Range 8 East,
that is 1820 feet west of the southeast corner of the SW; of Sec-
tion 13, said point being on the existing city limits oP the City
of West Memphis; thence west along the south line of Section 13
to the southwest corner of Section 13; thence North along the
West line of Section 13 to a point 587 feet south of the center
line of U, S. Highway ?0; said point being on the present city
limits; thence east 824. 7 feet along the existing city limits;
thence south a.ong the existing city limits to the point of be-
ginning, containing 87.5 acres, more or less.
Tract No. 2; The fractional east part of the SEA of Section 10,
Township 6 North, Range 8 East, Crittenden County, Arkansas,
more particularly described as follows; Beginning at the south-
east corner of Section 10; thence north along the east line of
Section 10 a distance of 2640 feet; thence west 1328 feet along the
north line of the SE4; thence south 2640 feet to a point on the
south line of the SE9i thence east 1342 feet along said south line
to the point of beginning, containing 80, 9 acres.
Tract No. 3: NW4 of Section 14, Township 6 North, Range 8 East,
containing 160 acres.
Tract No. 4: NE4 of Section 15, Township 6 North, Range 8 East,
containing 160 acres,
Tract No, 5: The fractional part of the W2 of Section 15 and the
fractional part of the WZ of Section 22, all in Township 6 North,
Range 8 East, more particularly described as follows: Beginning
at the center of Section 15, Township 6 North, Range 8 East,
thence south along the east line of the WZ of Section 15 a distance
of 66Q feet; thence west 478 feet; thence south 300 feet; thence
west 600 feet; thence south 3060 feet; thence west 120 feet; thence
south 1800 feet; thence west 800 feet; thence north 1800 feet; thence
east 50 feet; thence north 6595 feet to a point on the north line of
Section 15; thence east 1948 feet along said north line of Section
15 to the northeast corner of the NW'-y of Section 15; thence south
along the east line of the NWq of Section 15 to the point of beginning,
containing 289, 3 acres,more or less.
SECTI~J II: That the territory herein described be, and it is hereby, attached
to and incorporated in Ward 1 of the City of West Memphis and shall forthwith
be considered and become a part thereof.
~ -
~# ~ ~
An ordinance entitled "An Ordinance To Uezone Lot 9, Block 10, M. L. Thompson's Subdivision
In The Gity Of. West Memphis, Arkansas" read on June 3rd and 17th was read the third time by
City Attorney kallin. Alderman Smith, seconded by Alderman Dicl:erson 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: Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Scott,
Smith, and Bentley.
Nay: 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. 685, and
read as follows:
ORDINANCE NO.~~
AN ORDINANCE TO REZONE LOT 9, BLOCK 10, M. L.
THOMPSON'S SUBDIVISION IN THE CITY OF WEST
MEMPHIS, ARKANSAS
WHEREAS, Arkansas Constructors, Inc. has petitioned the Planning
Commission to rezone the property hereinafter described; and
WHEREAS, notice was duly published on May 6, 1971, as provided
by law,, of a hearing to be held before the West Memphis City Planning
Commission at 4:30 p, m, on May 26, 1971, for the purpose of hearing any
interested parties in connection with the rezoning of said property; and
WHEREAS, at said meeting on May 26, 1971, said petition was con-
sidered by the Planning Commission and no persons appearing to protest
the same, the Planning Commission recommended to the City Council that
said petition be granted: NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
MEMPHIS, ARKANSAS:
SECTION I: That the following described property, to wit:
Lot 9 in Block 10 of M. L. Thompson's Subdivision in
the city of West Memphis, Arkansas,
br and the gnmo is hereby rezoned 1t8-6, 9ingle Family Residence District.
SECTION II: All ordinances and parts of ordinances in conflict herewith are
hereby repealed, and this ordinance shall be in full force and effect from and
after its passage and publication as provided by law.
_ n
An ordinance entitled "An Urdinance To Rezone Lots 10, 11, 12, and 13, Block 134 In The
George T. Kendal Subdivision In 'Phe City Of West Memphis, Arkansas" was read the third time
by City Attorney Wallin. Motion was made by Alderman Harris, seconded by Alderman Scott
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: Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Scott,
Smith, and Bentley.
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. 686, and read as follows:
{~ ORDINANCE NO. b~b
AN ORDINANCE TO REZONE LOTS 10, 11, 12 AND 13,
BLOCK 134 IN THE GEORGE T. KENDAL SUBDIVISION
IN THE CITY OF WEST MEMPHIS, ARK.
WHEREAS, Arkansas Constructors, Inc, has petitioned the Planning
Commission to rezone the property hereinafter described; and
`.WHEREAS, notice was duly published on May 10, 1971, as provided
by law{ of a hearing to be held before the West Memphis City Planning
Commission at 4:30 p, m. on May 26, 1971, for the purpose of hearing any
interested parties in connection with the rezocilng of said property; and
WHEREAS, at said meeting on May 26, 1971, said petition was considered f
by the Planning Commission and no persons appearing to protest the same, the -`:
Planning Commission recommended to the City Council that said petition be
granted: NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST
MEMPHIS, ARKANSAS:
SECTION I. That the following described property, to wit:
Lots 10, 11, 12 and 13 in Block 134 of the George T. Kendal
Subdivision in the city of West Memphis, Arkansas,
be and the same is hereby rezoned RM-2, Multiple Family Residence District.
SECTION II. A11 ordinances and parts of ordinances in conflict herewith are
hereby•repealed, and this ordinance shall be in full force and effect from and
after its passage and publication as provided by law.
Attorney Ralph Sloan presented perpetual Easement from B. F, and Theresa D. Williams, and
Thomas C. and Celia Elaine Palmer for ten feet right of way for the purpose of constructing,
maintaining, operating and replacing an underground drainage system extending from the east
"line of 21st Street to the west line of the drainage ditch of portion of Harrison Avenue.
An ordinance entitled "An Ordinance Vacating That Portion Of Harrison Avenue Extending From
The East Line Of 21st Street To The 41est Line Of The Drainage llitch As Shown Un Plat Of
Reid In Plat Book 1 At Page 263" read on June 3rd and 17th was read the third time by City
Attorney Wallin. Alderman Dabbs, seconded by Alderman Hutcherson 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:
Nye: Aldermen: Dabbs, Nickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Scott, Smith,
and Bentley.
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. 687, and
read as follows:
~_ ~-
ORDINANCE NO.~
AN ORDINANCE VACATING THAT PORTION OF HARRISON
AVENUE EXTENDING FROM THE EAST LINE OF 21ST STREET
TO THE WEST LINE OF THE DRAINAGE DITCH AS SHOWN
ON PLAT OF RECORD IN PLAT BOOK 1 AT PAGE 263.
WHEREAS, a petition was duly filed with the City Council of the City
of West Memphis, Arkansas, on May 13, 1971, asking the City Council to
vacate and abandon that portion of Harrison Avenue extending from the east
line of 21st Street to the west line of the drainage ditch as shown on plat of
record in Plat Book 1 at page 263.
WHEREAS, AFTER due notice 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 portion of the street herein-
before described has heretofore been dedicated to the public's use as a street
as herein described; has not been actually used by the public generally for a
period for at least five years subsequent to the filing of the plat; that all 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
street.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WEST MEMPHIS, ARKANSAS:
_ Section I. The City of West Memphis hereby releases, vacates and
abandons all its right, together with the rights of the public generally, in and
to that portion of the street designated as follows:
Tliat portion of Harrison Avenue shown on the plat of Kendal
Subdivision of record in Plat Book 1 at page 263 in the office
of the Circuit Court Clerk extending from the east line of 21st
Street to the west line of the drainage ditch and bounded on the
south by Lot 1 in Block 178 owned by Thomas C. Palmer and
Celia Elaine Palmer, and bounded on the north by Lot 9 in
Block 179 owned by Burton F. Williams and Theresa D. Williams.
Section II. A copy of the ordinance duly certified by the City Clerk
shall be filed in the office of the Recorder of Crittenden County, Arkansas, at
Marion and recorded in the deed records of said county at Marion.
Section III. This ordinance shall take effect and be in force from
and after its passage, n ~
~~~
Attorney Ralph Sloan presented the Following petir..ion:
PETITION TO VACATE STREET
Come the undersigned petitioners, Orville E. Jackson, Ancle Mae
Jackson, Clettis Lavern Reed, Melda Jean Reed, James Hoyle Brogdon,
Donna Lou Brogdon, Roger D. Forsyth, Nancy J, Forsyth, Roger D. Spence,
Sharon G. Spence, James J. Sullivan and Beditli C. Sullivan, being the owners
of certain lands abutting upon an unnamed street running from Wilson Road
to the school lot and lying south of Blocks 16 and 17 and north of Blocks 10 and
11 of Holiday Gardens Subdivision hereinafter more particularly described
and petitioning the City Council of the City of West Memphis, Arkansas, state:
That the petitioners Orville E, Jackson and Ancle Mae Jackson,
Clettis Lavern Reed and Melda Jean Reed, James Hoyle Brogdon and Donna
Lou Brogdon are the owners of the lands abutting on the south of the unnamed
street sought to be vacated and Roger D. Forsyth and Nancy J. Forsyth, Roger
D. Spence and Sharon G. Spence, and James J. Sullivan and Bedith C. Sullivan
are the owners of the land abutting on the north side of the unnamed street to
be vacated.
That Holiday Gardens, Inc. , the original owner of the lands out of which
this unnamed street was carved, had said lands surveyed and a plat prepared
anal filed for record in the office of the Recorder of Crittenden County, Arkansas,
on the 4th day of May, 1961, and therein recorded in Plat Book 2 at page 197;
that the unnamed street to be vacated and as laid out and platted upon said recorded
plat was never actually laid off and improved and has never been used and the
petitioners now request the closing of said unnamed street as shown on said
31at,
There is attached hereto as Exhibit "A" a copy of that portion of the plat
idled for record in the office of the Recorder of Crittenden County, Arkansas
which shows the unnamed street to be vacated, together with the lands abutting
unoa the street.
V~'HEREFORE, petitioners pray that the City Council of the City of
~t"est_4iemphis, Arkansas, at its next regular or special meeting fix a day
for the hearing of this petition and direct the City Clerk to give notice of such
hearing as required by law and that upon final hearing that the unnamed street
shown on the plat of Holiday Gardens Subdivision of West Memphis, Arkansas,
of record in Plat Book 2 at page 197 lying east of the west line of Holiday
Gardens Subdivision as shown on said plat and west of the west line of Wilson
Road and bounded on the north by lots 9 and 10 in Block 16 and Lot 9 in Block
17 and bounded on the south by Lot 1 in Block 10 and Lots 1 and 23 in Block 11
of Holiday Gardens Subdivision as shown by the above plat be vacated and all
rights of the City of West Memphis and of the public generally therein be
released, vacated and abandoned.
Respectfully submitted this 25th day of June, 1971.
ORVILLE E, JACKSON, ANCLE MAE JACKSON,
CLETTIS CAVERN REED, MELDA JEAN REED,
JAMES HOYLE BROGDON, DONNA LOU BROG-
DON, ROGER D. FORSYTH, NANCY J. FORSYTH,
ROGER D, SPENCE, SHARON G. SPENCE,
JAMES J, SULLIVAN and BEDITH C. SULLIVAN,
Petitioners
BY SPEARS & SLOAN, Their Attorneys
C`.'i:ISLNT i;: PhGkGiZ'Y UWtJt~,;> FIIZ:L nS YiLLUINS:
~~~~• We, the undersigned, being the owners of the property abutting the
unnamed street shown on the plat of Holiday Gardens Subdivision of West
Memphis, Arkansas, of record in Plat Book 2 at page 197 lying east of the
west line of Holiday Gardens Subdivision as shown on said plat and west of
the west line of Wilson Road and bounded on the north by Lots 9 and 10 in
Block 16 and Lot 9 in Block 17 and bounded on the south by Lot 1 in Block
10 and Lots 1 and 23 in Block 11 of Holiday Gardens Subdivision as shown
by the plat above described, for which a petition to abandon and vacate has
been filed with the City Council of the City of West Memphis, Arkansas, a
copy of which petition with plat showing portions of street to be abandoned
is attached hereto, do each hereby consent to the abandonment and vacating
of said unnamed street as set out above and in said petition to vacate.
~. . ~ ~ ~- 1,
~~
Orville E, Jackson
~;'~-~ ~ 4~1-~' ~ l) ~ r;t ~ 1 ~ lr- 1
379
After discussion, Resolution setting date of hearing on August 5, 1971, was .introduced. Motion
was made by Alderman Scott, seconded by Alderman Hightower: That the Resolution be adopted. Upon
vote, the voting was as follows:
Aye: ldermen: Dabbs, Dickerson, Grimsley, Harris, Hightower, iiorton, Hutcherson, Scott, Smith,
and Bentley.
No: None.
The Resolution read as follows:
RESOLUTION ~Q. 7
WHEREAS, there has been filed with the City Council of the City of
West Memphis, Arkansas, by Orville E. Jackson, Ancle Mae Jackson, Clettis
Lavern Reed, Melda Jean Reed, James Hoyle Brogdon, Donna Lou Brogdon,
Roger D. Forsyth, Nancy J. Forsyth, Roger D. Spence, Sharon G. Spence,
James J. Sullivan and Bedith C. Sullivan a petition to vacate the unnamed
street shown on plat of Holiday Gardens Subdivision of West Memphis, Arkansas,
of record in Plat Book 2 at page 197 lying east of the west line of Holiday Gardens
Subdivision as shown on said plat and west of the west line of Wilson Road and
bounded on the north by Lots 9 and 10 in Block 16 and Lot 9 in Block 17 and bounded
on the south by Lot 1 in Block 10 and Lots 1 and 23 in Block 11 of Holiday Gardens
Subdivision as shown by the above plat and said petition prays that the City Council
fix a day for the hearing of said petition.
NOW, THEREFORE, BE IT RESOLVED;
That said petition to close the above described unnamed street be set
down for hearing on the ~ay of1971, at 4:30 p. m. in the Municipal
Courtroom in the city of West Memphis,Arkansas, and that the City Clerk give
notice as required by law of the hearing to be held.
. ,---------- _ _ 1---- n ~ --------- -------_-------__---
a _.
Mayor hodgers announced the Annual Tax Resolutions had been prepared for consideration of
the Council, thereupon the following Resolution was read by City Attorney Wallin:
KESOLUTION N0. 417
BE IT RESOLVED BY THE CITY COUNCIL OF 'THE CITY OF WEST I~MPHIS, AI:KANSAS:
That a tax of one (1) mill upon the dollar for Policeman's Pension and Relief Fund upon the
assessed value of all real and personal property within the limits of the City of West Memphis,
Arkansas, be and the same is hereby levied, and the City Clerk is hereby directed to deliver a
certified copy of this Resolution to the Clerk of the County Court of Crittenden County for the
tax books for the year 1971.
**~: ~*
Piotion was made by Alderman llabbs, seconded by Alderman Grimsley: That the Resolution as presented
be adopted. Upon roll call vote, the voting was as follows:
Aye: Aldermen: Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Scott, Smith,
and Bentley.
No: None.
Resolution pertaining to tax for general purposes, debt service, and public city library was read
by City Attorney Wallin as follows:
RESOLUTION N0. 418
BE IT RESOLVED BY THE CITY COUNCIL OF TH.L' CITY OF WEST riEMPHIS, ARKANSAS
That a tax of five (5) mills upon the dollar for general purposes, five (5) mills upon the
dollar for debt service, and one (1) mill upon the dollar for public city library upon the assessed
value of all real and personal property within the limits of the City of West Memphis, Arkansas, be
and the same are hereby levied, and the City Cierk is hereby directed to deliver a certified copy
of this Resolution to the Clerk of the County Court of Crittenden County for the tax books for the
year 1971.
~*~**
riotion was made by Alderman Scott, seconded by Alderman Bentley: That tice kesolution as presented
be adopted. Upon roll call vote, the voting was as follows:
Aye: Aldermen: Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Scott, Smith,
and Bentley.
No: None.
Attorney kalph Sloan on behalf of Mr. Willie E. Little presented application for rezoning
property to construct a store building. The Council was informed the Planning Commission
had recommended rezoning of the property. After discussion, an ordinance entitled "An
Ordinance To Rezone From R-T, Residence-Mobile Home, To C-5, General Commercial, Lot 28B 8f
The Subdivision Of Lot `28, Bond's Survey Of Irregular Lots, City Of West Memphis, Arkansas"
was read by City Attorney Wallin. Motion was made by Alderman Bentiey, seconded by Alderman Dabbs:
'that the ordinance be passed on the first reading. Upon roll call vote, the voting was as follows:
Aye: Aldermen: Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Scott, Smith,
and Bentley.
No: Nona.
Attorney C. B. Nance, Jr. appeared on behalf of Mary Bretherick, Freddie N. Bollinger, and
R. K. Bollinger requesting rezoning of property on the east side of South Avalon north of the
VFW Club for the purpose of construction of Garden type apartments. The Council was informed
the original application presented to the Planning Commission had four tracts of land, but two
tracts did not conform with the proposed zoning plan, therefore, recommendation for rezoning
cvas made on Cwo Cracts being presented. After discussion, ordinance entitled "An Ordinance To
Rezone Certain Property In The City Of West Memphis; Declaring An Emergency And For Other Purposes"
was read by City Attorney Wallin. riotion was made by Alderman Smith, seconded by Alderman Grimsley:
That the ordinance be passed on the first reading. Upon roll call vote, the voting was as follows:
Aye: Aldermen: Dabbs, Dickerson, Grimsley, Harris, Hl~tower, Horton, Hutcherson, Scott, Smith,
end Bentley.
No: None.
An ordinance entitled "An Ordinance To Amend Section 5 Of Ordinance IQo. 292 Of The City Of West
Memphis; Declaring An Emergency And For Other Purposes" prepared by City Attorney Wallin at the
request of Alderman Smith was read by the City Attorney. Purpose of the ordinance, dependency
of the City on revenue from the Utility Commission, preparation of budget, and contacting
Commissioners as to the proposed ordinance were discussed. Pllderman 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: Dabbs, Dickerson, Grimsley, Harris, Hightower, Hutcherson, ScotC, Smith, and Bentley.
No: Alderman: Horton.
Thereupon the riayor 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 carr_ d 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. The Mayor put the question
on the adoption of the motion and the roll being called the following voted:
Aye: Aldermen: Dabbs, Dickerson, Grimsley, Harris, Hightower, Hutcherson, Scott, Smith, and Bentley.
No: Alderman: Horton.
The riayor 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 Scott, 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 f ollowfng voted:
Aye: Aldermen: Dabbs, Dickerson, Grimsley, Harris, Hightower, Hutcherson, Scott, Smith, and Bentley.
No: Alderman: Iiorton.
Alderman Hightower, seconded by Alderman Dabbs, moved that Section 3, the emergency clause be
adopted, and on roll call the following voted:
Aye: Aldermen: llabbs, Dickerson, Grimsley, Harris, Hightower, Hutcherson, Scott, Smith, and Bentley.
No: Alderman: Horton.
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. 688. The ordinance read as follows:
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ORDINANC E ~ NO,~ ~_
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AN ORDINANCE TO AMEND SECTION 5 OF ORDINANCE
NO, 292 OF THE CITY OF WEST MEMPHIS; DECLARING
AN EMERGENCY AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WEST MEMPHIS, ARKANSAS:
Section 1. Section 5 of Ordinance No. 292 of the City of West
Memphis, Arkansas is hereby amended to read as follows:
"Section 5, The West Memphis Utility Commission shall prepare
an annual budget which- must be submitted to the West Memphis City Council
for approval beginning December 1, 1971 and each successive year there-
after. The Commissioners appointed hereunder shall have power and
authority to manage, control, operate, improve, maintain, extend and en-
large the municipal utility systems in said City and territory in vicinity
thereof and a majority of the Board of Commissioners shall constitute a
quorum for transacting all business but it shall require the approval of a
majority of the entire Board for a.ny action of any meeting to become the
action of the Board of Utility Commissirn era and shall have full charge of said
plants or systems including the right to employ or remove and/or discharge
any and all assistants, supervisor, foremen, clerks, bookkeepers and em-
ployeea and to fix and regulate their salaries, provided, that effective as
of the date of passage of this Ordinance, all salary increases and/or the employ-
ment of any person whose salary, including travel expense, exceeds $10, 000.00
annually, must be approved by the West Memphis City Council. The 'Com-
missioners shall have authority and power to employ engineers, auditors, and
accountants when the .need and occasion arises. Said Commissioners shall
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not have any authority to sell, mortgage or incumber said utilities, plants
or systems, but may, with the approval of the City Council, issue bonds,
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notes,. pledges, orders, or any type of indebtedness necessary to operate
and/or enlarge said plant or systems".
Section 2. All ordinances or parts of ordinances in conflict with
are hereby repealed.
Section 3, It being found and determine9 by the City Council of
the City of West Memphis, Arkansas, that certain modifications .need to
be made immediately to Ordinance 292 of the City of West Memphis,
• Arkansas, in the interest of the health, safety and welfare of the inhabi-
tants of the City of West Memphis, a.n emergency is hereby declared to
exist a.nd this ordinance shall be in full force and effect from and after the
date of its passage and approval.
Resolution prepared by City Attorney Wallin at the request of the Mayor cmmnending the Detective
Division of the Police Department for investigations in the slaying of Mack Howell was read. Motion
was made by Alderman Hutcherson, seconded by Alderman Grimsley: That the Resolution as presented be
adopted. Upon vote, the voting was as follows:
Aye: Aldermen: Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Scott, Smith,
and Bentley.
No: None.
The Resolution read as follows:
RESOLUTION N0. 419
oWFiEREAS, The Detective Division of the Weat Memphis Police Lepartment has recently concluded its
investigations in the slaying of a citizen of the City of West Memphis; and,
WHEREAS, the Detective Division of the West Memphis Police Department has spent many hours in its
efforts to ascertain the facts associated in connection with this incident; and,
WHEREAS, the efforts of the Detective Division of the West Memphis Police Department have resulted
in the apprehensiion of persona charged with the commission of the offense aforementioned.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, That the sincere
appreciation of the official governing body of the City is extended to [he Detective Division of
the Wee[ Memphis Police Department for their untiring efforts and investigations relative to this
matter and said Department is hereby officially commended for their efficient services rendered
in behalf of the citizens of the City of West Memphis, and the City Council hereby orders that
this Resolution be made a part of the official minutes of this meeting and further direct that the
Clerk deliver a certified copy of this Resolution to the Assistant Chief of Police, Bobby Keen, as
supervising officer of the West Memphis Police Department's Detective Division as a token of
appreciation for their services.
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Letter from Alderman Grimsley, Chairman of the West Memphis Police Commission, to Chief Romines
commending the work of the Detective Division was read. Mayor kodgera brought to the Council's
attention request of Chief Romines for additional men at the first of the year that had been
denied, but due to present financial situation the Mayor recommended two additional men be
employed specifically for the purpose of patrolling the business area and parks at night in an
unmarked car at salaries of $450.00 per month with other expenses would cost approximately
$6,161.00 for the remainder of 1971. Motion was made by Alderman Grimsley, seconded by Alderman
Dabbs: That City Attorney be requested to amend the ordinance to provide for two additional
members of the Police Department. Upon vote, the voting was as follows:
Aye: Aldermen: Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Scott, Smith,
and Bentley.
No: None.
The question of the men not wearing uniforms was referred to the Police Commission.
Alderman Grimsley reported Ryan Chevrolet Company, the low bidder on: Police Car, could not make
delivery as per specifications, therefore, the second bid of Bob Morrow Ford Sales, Inc. was
accepted.
Necessity of a car for the special night patrol was discussed and motion made by Ald erman Grimsley,
seconded by Alderman Dabbs: That the Mayor be authorized to advertise for bids fora Police
Department car. Upon vote, the voting was as follows:
Aye: Aldermen: Dabbs, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Scott, Smith,
and Bentley.
No: None.
Mrs. Bobby Lee Rhodes, owner of property on S. 22nd Street where the City constructed a pumping
station, requested action on extending the street south of Monroe in order that she could reach
her property to construct a house also protested that the City had taken thirty feet of her lot.
Mayor kodgers requested Engineers Charles Hampton and Cy Bond, Jr. to check into the matter.
Alderman Harris requested information as to removing abandoned houses in Kendal Subdivision
that had been condemned; the Mayor advised other cities have been contacted as to demolishing
condemned houses.
Alderman Bentley inquired as to another cab company operating in the City, and was informed
there had been a stock transaction by Mr. Briggs of Briggs Cab Company and not a transfer of
Certificate. The Mayor stated would ascertain 3f the taxi companies are complying with
ordinance regulations.
Alderman Horton complimented the persons interested in the Bayou beautifacation project.
Alderman Scott informed the Council the ordinance pertaining to Civil Service Commission is being
prepared, and consideration should be given to appointment of the Commissioners. City Attorney
Wallin was requested to contact the Attorney General for an opinion on State Statutes pertaining
to the Fire and Police Chiefs being included under Civil Service regulations.
Alderman Hightower presented complaint as to street light not in operation aL 25th and Autumn, and
was informed complaint should be made to the Utility Department.
No further business being presented, the meeting was adjourned. 1 ~ ti ~"~
ATTEST~_ ~ ~__ ~,fL~ L'.s
CITY CLy~~~
MAYOR
APPROVED: JULY 15, 1971