January 6, 1966~'~
MINUTES OF A REGULAR IviEETING OF THE CITY COUNCIL OF THE CITY OF 6JEST 1`IEI~9PHIS, ARKANSAS,
HELD AT THE CITY HALL IN SAID CITY ON THE 6TH DAY OI' JANUARY, 1966.
The City Council of the City of Udest Memphis, Arkansas, met in regular session at its
regular meeting place in West Memphis, Arkansas, at 3:00 o'clock p.m., on the 6th day of
January, 1966. The following were present: Mayor Bob Eden; City Clerk Charles F. DeGraff,
City Attorney Gd. H. Dillahunty, and Aldermen: 0. I. Bollinger, R. C. Bowie, Earl Felts,
Kirby Leggett, Paul Matthews, C. H. Rowton, F. C. Weis, and Franklin Bassett.
Absent: None.
Minutes of Council. Meeting on December 16, 196 r, were approved as read.
Mayor Ederr informed the Council_Chief of Police H. D. Holland's term of office expired
December 37., ].965, and Chief Holland chid not seek reappointment. The Mayor recommended that
due to the many ,years of faithful service to the citizens of West Memphis by Chief Holland
that an ordinance be prepared providing retirement payment in the amount of $300.00 per
month for life or until such time as other employment is obtained by Chief Holland, and if
the salary is not equal to his present salary the difference up to $300.00 per month will be
paid. After disctission, motion was made by Alderman Rowton: That the City Attorney be
instructed to prepare an ordinance providing retirement salary for Police Chief H. D. Holland
as recommended by the Mayor. The motion was seconded by Alderman Leggett. Upon vote, the
voting was as follows:
Yes: Aldermen: Bollinger, Bowie, Felts, Leggett, Matthews, Rowton, Weis, and Bassett.
Ido : None .
hla.yor Eden introduced Mr. Charles F. Young, retired Chief of Detectives of the Memphis
Police Department, and announced appointment of Mr. Young as Chief of Police. Motion was made
by Alderman Leggett: That the appointment of Charles F. Young as Chief of Police be confirmed.
The motion was seconded by Alderman Bowie. Upon vote, the voting was as follows:
Yes: Aldermen: Bollinger, Bowie, Felts, Leggett, Matthews, Rowton, Ideis, and Bassett.
No: None.
The Council was informed Fire Chief R. h. Simmons was appointed after the 1965 Act of the
I,egisl.ature pertaining to terms of office, therefore, it will not be necessary for the Mayor to
make an appointment for that Department.
Attorney Everard tdeisburd presented the following Petition:
PETITION TO VACATE PORTION OF STREET
Come petitioners, Leonard G. Warden, Leonard G. Warden, Jr., and Ruby N. Warden, his wife,
and for cause for this petition state:
1. That, petitioner, Leonard G. Warden is the owner of Lot 8, Block 7 of M. L. Thompson's
Third Addition to the City o£ West Memphis, Arkansas, according to a plat prepared by
Alessrs. Cushman and Bond, said plat being of record in Plat Book "1" at Page 161 in the office
of the Circuit Clerk and Ex-Officio Recorder of Crittenden County, Arkansas, and Lots 9 and 10
in B1_ock 7rof M. L. Thompson's Third Addition to the City of GTest, Memphis, Arkansas, as shown
by the Amended P7.at of said Addition prepared by [~J. H. Cushman and recorded in Plat Book "7."
at Page 181 in the office of the Circuit Clerk and Ex-Officio Recorder of Crittenden County, .
Arkansas; that petitioners Leonard G. Warden, Jr., and Ruby N. Warden are the owners of Lots 1,
2, 3,,and 2t, Block 8 of P'1. L. Thompson's Third Addition to the City of West Memphis, Arkansas,
according to said Plat prepared by Piessrs. Cushman and Bond and being of record in said Plat
Book "1" at Page 181y; that said property abuts on that portion of Oliver Avenue bounded on the
east by the west boundary line of Fourth Street and bounded on the west by the east boundary line
of the right-of-way of the St. Louis-San Francisco Railway.
2. That the City of YJest Memphis, Arkansas, is a City of the First Class, and, in order
to bet7or provide for the public welfare, safety, cortYort, and convenience of the inhabitants of
West P-Iemphis, the said portion of Oliver Avenue, as above described, should be vacated and
abandoned for the reason that said portion of Oliver Avenue, although having been dedicated as
a pub7.ic street, of the City of West Memphis, Arkansas, has never been opened nor used as a
street, 7nor has it been graded, paved, surfaced, or improved in any manner for use as a street;
that said portion of 0].iver Avenue is not required for corporate purposes and there is no necessity
for said portion of Oliver Avenue to now be used or in the future to be used as a street; that it
would serve no useful purpose for said portion of Oliver Avenue to be used hs a public street but
on the contrary would be an unreasonable and burdensome expense to the inhabitants of Ulest Memphis,
and, in order to open and maintain said area as a street, would require the expenditure of funds
which cauld otherwise be used for the betterment of the City of West 7"Iemphis and the inhabitants
thereof and the use of such funds for the improvement and maintenance of said }-portion of Oliver
Avenue would therefore be contrary and opposed to the public welfare, comfort, safety, and
convenience of the inhabitants of the City of West I^Iemphis.
WH~~REPtORE, PRIIKISES CONSIllERED, petitioners pray that the portion of Oliver Avenue bounded
cn the east by the west boundary line of Fourth Street and bounded on the west by the east
boundary 7.ine of the St. Louis-San Francisco Railway right-of-way be vacated.
FOR A SEPARATE ANU DISTINCT GROUND OF RELIEF
3. Petitioners repeat and re-allege and allegations contained in Paragraph 1 above and
stag:
1t. That said portion. of Oliver Avenue as above described has been dedicated to the
public ~zse as a street by platting such property and causing such plats to be filed for
record, said plats being of record in Plat Book "L" at Page 161 and at Plat Book "1" at
Page: 18l~, said plats being of record in the Office of the Circuit Clerk and Ex-Officio
Recorder of Crittenden County, Arkansas and said portion of Oliver Avenue has not been
actual.l,yr used by the public as a street or alley for a period of five (5) years next past,
and, in fact, has never been used by the public as a street or alley;
~. Tlrat• petitioners own all of the property abutting said portion of said Oliver Avenue
running as above described; that attached hereto and made a part hereof are photostatic copies
of t•he p7.ats filed in the office of the Circuit C7.erk and Ex-Officio Recorder which show the
portion of the street requiested to be vacated together with the lot and block number of each
7_ot which abuts upon said street.
6. That from the stand point, of public interest and welfare, said portion of Oliver
Avenue should be vacated and abandoned.
I•JHrTREFORE, PRET~IISES CONSIDERED, petitioners pray that said portion of Oliver Avenue
being bounded on the east, by the west boundary line of Fourth Street and bounded on the
west by the east boundary line of the St. Louis-San Francisco Railway right-of-way: be
vacated and abandoned by the City of West Memphis, Arkansas; that a day be fixed for t:he
hearing on this Petition and that the City Council. direct, the City C1erI: to give notice of
such meeting by publication as required by 1_aw.
Leonard G. LJarden, Leonard G. Warden, Jr.,
and Ruby N. ~darden, Petitioners
By ~S/ EVE.RARD 1dEISBURD
T eir Attorney
After discussion, the following resolution was introduced:
RESOLUTION NO. 292
'~dhereas, a petition has been filed by Leonard G. •Jarden, Leonard G. 'warden, Jr ., and
Ruby PI. GJarden before the City Ccuncil of the City of West I~lemphis, Arkansas, praying that
a portion of Oliver Avenue bounded on the east by the west boundary line of Fourth Street
and bounded on the west by the east boundary line of the right-of-way of the St. Louis-
San ;r'ancisco Railway be vacated and abandoned, and,
~:7hereas, it is necessary that a day be fixed for a hearing on said petition and proper
notice of said hearing be given, NOW THEREFORE,
BE IT RliSOLVED, by the City Council of the City of nest Memphis, Arkansas, that the
3rd day of February, 1966 be fixed as the date of the hearing on said petition filed herein
requesting that the City of TdJest Memphis, Arkansas vacate and abandon that portion of Oliver
Avenue bo~.znded on the east by the west boundary line of Fourth Street and bounded on the west
by the east boundary line of the right-of-way of the St. Louis-San Francisco Railway, and,
Be It Further Resolved, that the City Clerk be and he hereby is directed to give notice
of such hearing by publishing such notice once a week for two (2) consecutive weeks i.n some
newspaper pub7.ished in Crittenden County, Arkansas and having a general circulation in the
City of tidest Memphis, said notice to conforrr! t,o law and to the provisions of Arkansas
Stats. 19-3(326.
I~?o+.,ion was made b•y Alderman Bollinger: That the resolution be adopted. The motion was
seconded by Alderman Felts. Upon vote, the voting was as fol]_ows:
Yes: Aldermen: Bo l.7inger, Bowie, Felts, Leggett, Matthews, Rowton, 4Jeis, and Bassett.
P1o: Ncne.
Rev. Alf A. Eason appeared before the Council. in regard to ithe issuing o£ a liquor
store license in the vicinity of the Senior High School. Rev. Eason was informed the
State of Arkansas issues the License, and the City has no authority in the matter. City
Attorney lli7.7.ahunty stated the City's Alcoh~Lie Advisory CommitteF's ourpcse is to hear
cnmp7_aints, n!a.ke cr conduct investigations cf alleged viclations and report its findings
to the Alcoholic Beverage Control Board in Little Roc?c.
ia~ror Eden reported Sil..l P!annirg's bid fcr the branch libraries on llecemher 16th was
the low bid and met all requirements, however, it has been ascertained there are not,
sufficient funds to construct two branch librar°ies and the hibrary Commissicn has recommended
the matter be de7a.yed until a central location fcr a larger area could be considered.
Attorney V. E. SkiJl.man, Jr. representing Ark-Cable Inc. appeared and presented the
fo1.7.owing schedule of proposed charges:
Plan '~l: f~20.00 inst.a7 anon charge, and :5.00 nor month service charge.
P7_an #2: X7.0.00 install.ati.on charge, and p6.00 per month service charge for the first
year, then X5.00 per month thereafter.
Plan ~#3: ~K.00 installation charge, and ~~.00 per month service charge for the first
eighteen months, then $5.00 per month thereafter.
In return for. the above payments Ark-Cable agrees to furnish good quality television
signals from the A}emphis TV stations, channels la, 7, and 11 in Little Rock, except that
if there is too roach interference cn channel '] from a TV station in Jackson, Tennessee
to provide a satisfa.ct.ory service, ARK-CABLE may not be required to provide service on
this channel, nor any substitute channel.. Service from channel. 8, Jonesboro, Arkansas
wil7_ be provided, and at our option, channel 6 in Greenwood, r'iississippi.
ARK-CABLE fart;her agrees to maintain qpr equiJiment. and lines in as good working order as
is usually found in cab7.e systems, and as the state of the art progresses ARK-CABLE agrees
to keep pace taith it.
However, damage from storms, lightning and other so-called acts of God, may prevent an
immediate restoration of service. In such event ARK-CABLE will take all reasonable steps
to restore service as soon as practicable, and such interruptions to service shall not be
considered as a breach of this contract. However, if service outages continue longer than
one day, ARK-CABLE shall make a prorat.a reduction in bil7.ing the customer.
After discussion, the ordinance entitled "An Ordinance Granting A Franchise To Ark-Cable, Inc.,
Of blest Memphis, Arkansas, To 0perat•e And N;aintain A Community Antenna System In The City;
Setting Forth Conditions; Providing For City Regulation Of Its Operation, Rates, PaS~rnents,
Service, Construction, And Maintenance; Containing Certain Prohibitions; Prescribing Certain
Penalties; And Providing An Effective Date" was read the second time. Motion was made by
Alderman Rowton that the second reading of the ordinance be approved, the motion was seconded
by Alderman Weis. The voting was as follows:
Yes: Aldermen: Bollinger, Felts, Leggett, I°Iatthews, Rowton, bleis, Bassett.
No: Aldermen: Bowie.
The Mayor stated that consideration should be given to an ordinance cal.7_ing a special
election to vote upon the question. o£ issuing Industrial Development Revenue Bonds and other
matters pertaining thereto. This was a matter with which the Council was familiar and after
a discussion, Alderman Rowton introduced an ordinance ent•it;led: "An Ordinance Calling A
Special Election To Vote Upon The G~uestion Of Issuing Bonds Under The Provisions Of Act No. 9
Of The First Extxa-Ordinary Session Of The Sixty-Second General. Assembly Of The State Of
Arkansas, Approved January 21, 1960, As. Amended, For The Purpose Of Furnishing The Permanent
Financing Of The Cost Of Securing And Developing Industry (The Particular Industrial Project
Is Described In The Ordinance); Prescribing Other Matters Relating Thereto; And P,eclaring An
Emergency", and Alderman Felts read the ordinance in full.
Alderman Weis, seconded by Alderman Bowie, moved that the rule requiring the reading of
an ordinance or resolution 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 ro7.1 being ca7_led, the following voted:
Aye: Aldermen: Bollinger, Bowie, Felts, Leggett, Matthews, Rowton, Weis, and Bassett,
and the following voted:
Nay: None.
Thereupon the Mayor dec7_ared 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 ca.rra~d and the rule suspended.
The ordinance was then read by Alderman Bollinger.
Alderman Matthews, seconded by Alderman Bassett then moved that the ru7_e requiring the
reading of an ordinance in full on three different days be further suspended and that the
ordinance he placed cn its third reading. The i~.ayor put the queda.on on the adoption of the
motion and the ro7.7. being cal Led the following voted:
Aye: Aldermen: Bollinger, Bowie, Felts, Leggett., Aatthews, Rowton, trleis, and Aassett.,
and the following voted:
Nay: None.
The Mayor declared that at least two-thirds of alJ_ members elected to the Council having
voted in favor of the mction to suspend the ru7_e, the motion was carried and the rule suspended.
The ordinance was then read by Alderman Leggett.
Alderman Rowton, seconded by Alderman Felts, moved that the ordinance be adopted. The
question was put by the Mayor on the adoption of the mction and the roll. being called, the
following voted:
Aye: Aldermen: Bollinger, Bowie, Felts, Leggett, Niat•thews, Rowton, Weis, and Bassett,
and the following voted:
Nay: None.
Alderman Weis, seconded by Alderman Bowie, moved that Section 6, the emergency clause, be
adopted, and on roll call. the following voted:
Aye: Aldermen: Bollinger, Bowie, Fe].ts, Leggett., Matthews, Rowton, 6Jeis, and Bassett,
and the following voted:
Nay: None.
'I'hE~ ~_a~r:~r, thF,re~znon declared t.hc ordinance and thF e^;ergene;r clause adopted and si~~;.ned
'hr orair_ancF=, ?ah-~c!: ~,ias att~est;erd b-r the t,_t-r ~~lerk and i.mnre>se:i ~ai.t,h the sea]. of the Cit.v.
The ordina:ZCe ~~ae ~,i=,<.,n 1~1n. 1t'~9.
'?'he erdina.nce read as ~^17oi,*s• ''
i
ORDINANCE N0. ~"~'~~C.
AN ORDINANCE CALLING A SPECIAL ELECTION TO
VOTE UPON THE QUESTION OF ISSUING BONDS UNDER
THE PROVISIONS OF ACT N0. 9 OF THE FIRST EXTRA-
ORDINARY SESSION OF THE SIXTY-SECOND GENERAL
ASSEMBLY OF THE STATE OF ARKANSAS, APPROVED JANUARY
21, 1960, AS AP~NDED, FOR THE PURPOSE OF FURNISHING
THE PERMANENT FINANCING OF THE COST OF SECURING AND
DEVELOPING INDUSTRY (THE PARTICULAR INDUSTRIAL PRO-
JECT IS DESCRIBED IN THE ORDINANCE); PRESCRIBING
OTHER MATTERS RELATING THERETO; AND DECLARING AN
EP~SERGENCY .
WHEREAS arrangements have been made with Flint Steel
Corporation, an Oklahoma corporation (called "Flint") for the
location of a substantial industrial project which will furnish
employment, payrolls, alleviate unemployment and otherwise result
in public benefits, all in the best interests of the City of
West tlemphis, Arkansas (called "City") and its citizens and
inhabitants; and
tiiIEREAS the proposed industrial project will consist of
lands, buildings, improvements, machinery, equipment and facilities
for an industrial plant which will be utilized for the production
of pressure tanks for storage of Liquified Petroleum Gas and Anhydrous
Ammonia, specialized galvanized steel products and such other products
as Flint shall elect to manufacture or produce, together with neces-
sary expenses and expenditures in connection with the constructing
and equipping of the project and in connection with the financing
(all of which will be sometimes referred to as the "Project"); and
tdiiEREAS in order to make the necessary provision for the
permanent financing of Project costs and for interest on bonds
(hereafter described) until Project revenues are available, it is
~3
_ .., _ __
--- . ,---- -~,f--
Page 2
necessary to authorize the issuance of not to exceed Two Million
Dollars ($2,000,000) in principal amount of bonds under the pro-
' visions of Act No. 9 of the First Extraordinary Session of the
Sixty-Second General Assembly of the State of Arkansas, approved
January 21, 1960, as amended (called "Act No. 9"); and
WHEREAS the purpose of this Ordinance is to submit the
question of the issuance of the bonds under Act No. 9 to the
electors of the City at a special election called-for that pur-
pose;
NOtd, THEREFORE, BE IT ORDAINED by the City Council of
the City of West Memphis, Arkansas:
Section 1. That a special election be, and the same is
hereby, called to be held in the City on the 8th day of February,
1966, at which election there will be submitted to the electors of
the City the question of issuing Industrial Development Revenue Bonds
under Act No. 9 in an amount not to exceed Two Million Dollars
($2,000,000) for the purpose of furnishing permanent financing of
the cost of securing and developing industry (the particular indus-
trial project is described above). The bonds will be dated, will
bear interest at the rate or rates, with the interest payable on such
dates, the bonds will mature on such date or dates, the bonds will
be subject to redemption prior to maturity in such manner and upon
such terms, and the bonds will be issued at one time or in series
from time to time, all as the City Council shall subsequently deter-
mine and specify in the ordinance authorizing the issuance of the
bonds.
6
Page 3
Section 2. That the question shall be placed on the
ballot for the special election in substantially the following
form:
Vote on measure by placing an "X" in the square
above the me~lsure either for or against:
For the issuance of Industrial Develop-
ment Revenue Bonds by the City of West
Memphis, Arkansas, in the aggregate prin-
cipal amount of not to exceed $2,000,000 /~7
Against the issuance of Industrial Develop-
ment Revenue Bonds by the City of West
Memphis, Arkansas, in the aggregate princi-
pal amount of not to exceed $2,000,000 /_7
It is proposed to issue City of West Memphis,
Arkansas (called "City") Industrial Develop-
ment Revenue Bonds (called "Bonds") under
Act No. 9 of the First Extraordinary Session
of the Sixty-Second General Assembly of the j
State of Arkansas, approved January 21, 1960,
as amended (called "Act No. 9"), in the aggre-
gate principal amount of not to exceed $2,000,000
for the purpose of furnishing the permanent
financing of the cost of securing and develop-
ing industry. The Bonds will be dated, will
bear interest at such rate or rates, interest
will be payable on such dates, the Bonds will
mature on such date or dates, the Bonds will be
subject to redemption prior to maturity in such
manner and upon such terms, and the Bonds will
be issued at one time or in series from time
to time, all as the City Council shall subse-
quently determine and specify in the ordinance
authorizing their issuance. The proposed in-
dustrial Project will consist of lands, build-
ings, improvements, machinery, equipment and
facilities for an industrial plant which will
be utilized for the production of pressure
tanks for storage of Liquified Petroleum Gas
and Anhydrous .llmmonia,specialized galvanized
steel products and such other products as Flint
Steel Corporation, an Oklahoma corporation
' (called "Flint") shall elect to manufacture or
produce, together with necessary expenses and
expenditures in connection with the constructing
and equipping of the Project and in connection
with the financing (all of which will be sometimes
referred to as the "Project"). The Project will
Page 4
be owned by the City and will be leased to
Flint for lease rentals sufficient to provide .
for the payment of the principal of and interest
on the Bonds. The Bonds will not be general
obligations of the City but will be special ob-
ligations payable solely from Project revenues,
including particularly lease rentals under the
Lease and Agreement with Flint referred to above,
which will be specifically pledged to the payment
of the principal of and interest on the Bonds,
and the Bonds will be secured by a lien on and
security interest in the Project.
Section 3. That the election shall be held and conducted
and the vote canvassed and the results declared under the law and in
the manner provided for municipal elections, so far as the same may
be applicable, and the Mayor shall give notice of such election by
an advertisement published once a week for four consecutive weeks in
a newspaper having a bona fide circulation in the City of West
Memphis, Arkansas, with the last publication to be not less than
ten days prior to the date of the election, and only qualified
electors of said City shall have the right to vote at said election
on said question.
Section 4. That the results of said election shall be
proclaimed by the Mayor and his proclamation shall be published one
I~ time in a newspaper having a bona fide circulation in said City of
~~~
I~ West Memphis, Arkansas, which proclamation shall advise that the'
it ~ -
'~ results as proclaimed shall be conclusive unless attacked in the
I~ courts within thirty days after the date of such proclamation. •-
~! Section 5. That a copy of this Ordinance shall be
~~
~ furnished to the Crittenden County Board of Election Commissioners
'i lies ma be provided.
so that the necessary election officials and supp y
' Section 6. That there is hereby found and declared to be
~~ i --
{~