January 19, 1967112
MINUTES OF A REGULAR N:EETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS,
HELD.AT THE CITY HALL IN $AID CITY ON.THE 19TH DAY OF JANUARY, 1967.
The Council of the City of West Memphis, in the County of Crittenden, State of
I'', Arkansas, met in regular session in the City Hall in said City, at 3:00 o'clock P.M.
~, on the 19th day of January, 1967.
The meeting was called to order by the Mayor, and the roll being called there were:
Present: Bob Eden, Mayor, in the Ghair, and the following named Aldermen:
I'
(~ 0. C. Haley, C. T. Rodgers
Pritchard Horton R. L. Smith
Kirby Leggett F. C. Weis
Paul Matthews 0. I. Bollinger
~'. and W. H. Dillahunty, City Attorney.
Absent: None.
Council Minutes of January 5, 1967, were approved as read.
Mayor Eden informed the Council the Planning Commission on January 5, 1967, had
recommended the rezoning of an area outside the city limits 3400' east of McCaa
Chevrolet Company along Broadway and another area south of McCaa Chevrolet extending
400' along Walker Street. to a C-$ General Commercial area. Attorney Ralph Sloan
representing Guaranty Loan & Real Estate Company, Trustee, for the land, stated the
area would be a buffer zone between the Highway and the property owned by Southwest
Chemical Company, and the area is to be annexed to the City at a later date. After
discussion, an ordinance entitled "An Ordinance To Re-Zone And Re-Designate Certain
Property In The City Of Weat Memphis, Arkansas" was introduced by Alderman Weis, and
City Attorney Dillahunty read the ordinance in full.
Alderman Matthews, seconded 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 Niayor put the question on the adoption
of the motion and the roll being called, the following voted:
Aye: Aldermen: Haley, Horton, Leggett, Matthews, Rodgers, Smith, Weis, and Bollinger.
Nay: 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 by the City Attorney.
Alderman Srnith, seconded by Alderman Rodgers then moved that the rule requiring the
reading of an ordinance in full on three different days be further suspended and that the
ordinance be placed on its third reading. The Mayor put the question on the adoption of
the motion and the roll being called the following voted:
Aye3 Aldermen: Haley, Horton, Leggett, Matthews, Rodgers, Smith, Weis, and Bollinger.
Nay: None.
The p ayor 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 by Alderman Bollinger.
Alderman Haley, seconded by Alderman Leggett, 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: Haley, Horton, Leggett, Matthews, Rodgers, Smith, Weis, and Bollinger.
Nay: None.
Alderman Weis, seconded by Alderman Patthews, moved that Section 2, the emergency
clause, be adopted, and on roll call the following voted:
Aye: Aldermen: Haley, Horton, Leggett, Matthews, Rodgers, Smith, Weis, and Bollinger.
Nay: 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. 516.
The ordinance read as follows:
._~ ,r--
ORDINANCE NO.rj I
AN ORDINANCE TO RE-ZONE AND RE-DESIGNATE CERTAIN
PROPERTY IN THE CITY OF WEST MEMPHIS, ARKANSAS
WHEREAS, Guaranty Loan and Real Estate Company, Trustee, has
petitioned the Planning Commission to re-zone and re-designate certain pro-
perty hereinafter described; and
WHEREAS, notice was duly published on December 15, 1966, as
provided by law, of a hearing to be held before the West Memphis City Planning
Commission at 5:00 p. A~, on January 5, 1967, for the purpose of hearing any
interested parties in connection with the re-zoning and re-designating of said
lands; and
WHEREAS, at said meeting on January 5, 1967, said petition was
considered 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:
SECTION I:
{a) That the following described property, to-wit:
That part of the NW,'- and of the WZ NE; of Section 16, Township
6 North, Range 9 East, described as follows: Commencing at a
point in the southeast corner of the intersection of Walker
Avenue and U, S, Highway 70, run thence east along the south
right of way line of U, S. Highway 70 a distance of 600 feet to
the point of beginning, being the northeast corner of the pro-
perty conveyed to McCaa Land Company by deed of record in
Book 383 at page 23; thence continue east along the south right
of way line of U. S, Highway 70 to the point where it intersects
the north line of Section 16; thence continue east along the north
line of Section 16 to the northeast corner of the WZ NE4 of Sec-
tion 16; thence south along the east line of the W z NE a a distance
of 400 feet; thence in a westerly direction approximately 3400
feet to a point in the east line of the McCaa Land Company pro-
perty that is 400 feet south of the northeast corner thereof;
thence north along the east line of the McCaa Land Company pro-
perty adistance of 400 feet to the point of beginning,
That part of the NWh'- NW; of Section 16, Township 6 North, Range
9 East, described as follows: Commencing at a point in the south-
east corner of the intersection of Walker Avenue and U. S, High-
way 70, 'run thence south along the east right of way line of Walker
Avenue 500 feet to the point of beginning; thence continue south
along said east right of way line a distance of 200 feet; thence east
on a line parallel to the south line of the property conveyed to McCaa
Land Company by deed of record in Book 383 at page 23 a distance
of 1000 feet; thence north parallel to the east right of way line of
Walker Avenue a distance of 300 feet to a point in the south line of
the above described tract; thence west 400 feet, more or less, along
said south line to a point 400 feet south of the northeast corner of the
McCaa Land Company property; thence south 100 feet to the southeast
corner of the McCaa Land Company property;' thence west 600 feet
to the point of beginning,
That part of the WZ of Section 9, Township 6 North, Range 9
East, which lies south of the south line of the concrete slab
on U. S. Highway 70 as reflected in quitclaim deed dated
June 9, 1949, and recorded in Book 208 at page 65, and east
of the east line extended north of the property conveyed to
McCaa Land Company by deed of record in Book 383 at page
23,
be and the same is hereby re-zoned and re-designated as C-5 General
Commercial District.
SECTION II: EMERGENCY CLAUSE: It is hereby ascertained and
declared to be a fact that the property above described in in the process of
development; that the passage of this Ordinance is in the interest of the public
peace, health, safety and welfare of the citizens of West Memphis; therefore,
an emergency is hereby declared to exist, and this ordinance should be in
full force and effect from and after its passage and approval.
The Mayer announced the next order of business would be receiving bids for four police
cars as per Notice published January 4, 1967, in the Evening Times. The following bids were
received:
McCaa Chevrolet Company
1967 Chevrolet Bel Air 4 Door Sedan $2487.32
Police Pkg. 176.82
Power Glide Tram . 199.50
White Wall Tires 35.60
Spot Light 26.14
Freight 77,75
0~
Credit on trade-fns:
1962 Chevrolet $653.00
1965 Fora #5 903.15
1965 Ford #4 903.15
1965 Plymouth -,~ 903.15
Bob Morrow Ford Sales, Inc.
1967 Ford Custom 4-door sedan $2495.51
Police pkg. 166.30
Tutone Paint 21.54
Crusie-0-matic 220.17
:•ISW tires 35,47
Spot light 26,14
2-speed wiper std.
Freight 64.50
09.3
trade ins:
1965 Ford #4 $1023.31
1965 Ford #5 1073.31
1962 Chevrolet 773.31
1964 Plymouth 1023.31
After discussion, motion was made by Alderman N.atthews: That the rlayor appoint a committee
to study the bids and award the bid that would be advantageous to the City. The motion was
seconded by Alderman Leggett. Upon vote, the voting was as follows:
Aye: Aldermen: Haley, Horton, Leggett, Matthews, Rodgers, Smith, F1eis, Bollinger.
Nay: None.
Thereupon, Mayor Eden appointed a committee of Aldermen Rodgers, Leggett, Matthews, and Weis.
The purchase of a tract of land 228' x 200' adjacent to L. R. Jackson Community Center
from Wm. L. Johnson Company for the purchase price of $9,434.00, the payment of $4,000.00 to be
made in 1967 and the balance in 1968 was discussed.. Motion was made by Alderman Matthews: That
the City purchase said tract of land from Wm. L. Johnson Company in the amount of $9,434.00. The
motion was seconded by Alderman Bollinger. Upon vote, the voting was as follows:
Aye: Aldermen: Haley, Horton, Leggett, Matthews, Rodgers, Smith, Weis, Bollinger.
Nay: None.
Motion was made by Alderman Weis: That the City Attorney be requested to prepare a
Resolution authorizing the Playor and City Clerk to sign a note or mortgage on the property for
the deferred payment. The motion was seconded by Alderman Horton. Upon vote, the voting vas
as follows:
Ayeo Aldermen: Haley, Horton, Leggett, Matthews, Rodgers, Smith, Weis, Bollinger.
Nay: None.
P"ayor Eden reported on an Arkansas Municipal League Meeting he, City Attorney Dillahunty,
and Alderman Bollinger had attended. The Mayor stated the League is 100 in favor of Senate
Bill No. 65, which will increase the State Turn-Back from $3.35 per capita to $6.35. After
discussion, the following Resolution was presented:
RESOLUTION N0. 302
WHEREAS, the Arkansas State Legislature is presently considering Senate Bill No. 65 which
provides for a more equitable distribution of state revenues to municipalities; and
WHEREAS, municipalitiea are consistently faced with providing additional services to the
citizens without the necessary funds; and
WHEREAS, Senate Bill No. 65 will make and provide for a more equitable distribution and
give some relief to the financial burden of municipalities.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Memphis, Arkansas,
that the members endorse and support Senate Bill No. 65 and urge its adoption.
BE IT FURTH~t RESOLVED that the Mayor be directed to send a copy of said Resolution to the
legislative delegation representing West Memphis.
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Motion was made by Alderman Rodgers that the Resolution be adopted as presented. The motion
was seconded by Alderman Horton. Upon vote, the voting was as follows:
Aye: Aldermen: Haley, Horton, Leggett, Matthews, Rodgers, Smith, Weis, Bollinger.
Nay: None.
The Mayor explained the League is opposed to a Bill to be presented to the Legislature
known as the "Three Platoon Bill" which would require cities of 20,000 or more population
have three shifts of firemen or penalize the citizens by increasing their fire insurance
rating three classifications. After discussion, motion was made by Alderman Weis: That the
City Attorney be requested to prepare Resolution opposing the Bill known as the "Three
Platoon Bill." The motion was seconded by Alderman Leggett. Upon vote, the voting was as
follows:
Aye: Aldermen: Haley, Horton, Leggett, Matthews, Rodgers, Smith, Weis, Bollinger.
Nay: None.
The Council was informed of the resignation of Mr. Robert L. Smith as a Housing Commissioner
upon his taking office as an Alderman of the City. The Mayor recommended the appointment of
Mr. W. G. Thomas, 513 Ingram, to fill the unexpired term. After discussion, motion was made by
Alderman Haley: That the Council confirm the appointment of W. G. Thomas as a Commissioner of the
Public Housing Authority of West Memphis. The motion was seconded by Alderman Smith. Upon vote,
the voting was as follows:
Aye: Aldermen: Haley, Horton, Leggett, Matthews, Rodgers, Smith, Ydeis, Bollinger.
Nay: None.
. The 1967 Budget for the City in the amount of $1,313,871.30 was presented. Motion was made
by Alderman Bollinger: That the 1967 Budget be approved as presented. The motion was seconded
by Alderman Horton. Upon vote, the voting was as follows:
Aye: Aldermen: Haley, Horton, Leggett, Matthews, Rodgers, Smith, Weis, Bollinger.
Nay: None.
The amending of ordinance for the City Attorney and Deputy City Attorney's salary ad3uatments
as provided in the Budget was brought to the Council's attention. Alderman Leggett introduced
an ordinance entitled: "An Ordinance To Amend Ordinance No. 1~li7 Entitled "An Ordinance To
Establish The Compensation For A Deputy City Attorney Of Weat Memphis Pursuant To Act No. 9 Of The
Acts Of The General Assembly Of 1957; Declaring An Emergency And For Other Purposes," Passed And
Approved On The 2ND Day Of January, 1964, And Declaring An Emergency", and City Attorney Dillahunty
read the ordinance in full.
Alderman Haley, seconded by Alderman Bollinger, 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: Haley, Horton, Leggett, Matthews, Rodgers, Smith, Weis, Bollinger.
Nay: 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 by City Attorney Dillahunty.
Alderman Rodgers, seconded by l;Alderman Smith 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: Haley, Horton, Leggett, Matthews, Rodgers, Smith, Weis, Bollinger.
Nay: 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 by Alderman Horton.
Alderman Matthews, seconded by Alderman Weis, 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: Haley, Horton, Leggett, Matthews, Rodgers, Smith, Weis, Bollinger.
Nay: None .
Alderman Leggett, seconded by Alderman Haley, moved that Section 4, the emergency clause, be
adopted, and on roll call the fallowing voted:
Aye: Aldermen: Haley, Horton, Leggett, Matthews, Rodgers, Smith, Weis, Bollinger.
Nay: None.
The Playor 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. 517. The ordinance read as follows:
11~
ORDINANCE N0. 51
AN ORDINANCE TO AMEND ORDINANCE N0. 447 ENTITLED "AN ORDINANCE TO ESTABLISH THE
COMPENSATION FOR A DEPUTY CITY ATTORNEY OF WEST MEMPHIS PURSUANT TO ACT N0. 9 OF THE ACTS
OF THE GENERAL ASSII~IBLY OF 1957; DECLARING AN EMIItGENCY AND FOR OTHER PURPOSES," PASSED
AND APPROVED ON THE 2ND DAY OF JANUARY, 1964, AND DECLARING AP1 NTrTERGENCY.
BE IT ORDAI2JED by the City Council of the City of West Memphis, Arkansas:
Section 1: Section 1 of Ordinance P1o. 447 is hereby amended to read as follows:
The compensation or salary to be paid to Date (1) deputy city attorney shall be
Two Hundred Fifty and no!1Qpths Dollars (250.00) monthly.
Section 2: All provisions contained in Ordinance Tdo. 447, unless amended herein shall
remainn in~u~ force and effect.
5ecticn 3: All ordinances or parts of ordinances in conflict herewith are hereby
repea end.
Section 4: Emergency Clause. It being determined that this Ordinance is necessary for
said compensation to be included in the budget for 1967, therefore, an emergency is hereby
declared to exist and this Ordinance shall be in full force and effect from and after it's
passage and approval.
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Alderman ~deis introduced an ordinance entitled "An Ordinance To Establish Compensation
For The City Attorney Of West Memphis, Arkansas, Declaring An Emergency, And For Other
Purposes" and City Attorney Dillahunty read the ordinance in full.
Alderman Matthews, seconded 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: Haley, Horton, Leggett, Matthews, Rodgers, Smith, SJeis, Bollinger.
Nay: 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 by City Attorney.
Alderman Smith, seconded by Alderman Rodgers, then moved that the rule requiring the reading
of an ordinance in full on three different days be further suspended and that the ordinance be
placed on its third reading. The Mayor put the question on the adoption of the motion and the
roll being called the following voted:
Aye: Aldermen: Haley, Horton, Leggett, Matthews, Rodgers, Smith, Weis, Bollinger.
Nay: 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 by Alderman Horton.
Alderman PSatthewa, seconded by Alderman Weis, 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: Haley, Horton, Leggett, Matthews, Rodgers, Smith, Weis, Bollinger.
Nay: None.
Alderman Leggett, seconded by Alderman Haley, moved that Section 3, the emergency clause,
be adopted, and on roll call the following voted:
Aye: Aldermen: Haley, Horton, Leggett, Matthews, Rodgers, Smith, Weis, Bollinger.
Nay: 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. 518.
The ordinance read as follows:
~.7
ORDINANCE N0. 518
AN ORDINANCE TO ESTABLISH COMPENSATION FOR THE CITY ATTORNEY
OF WEST MEMPHIS, ARKANSAS, DECLARING AN EMERGENCY, AND FOR
OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS:
Section 1: That the compensation of the City Attorney shall be the sum of
Four Hundred and no/100 (~1~00.00) Dollars per month.
Section 2: All ordinances in conflict herewith are hereby repealed.
Section 3: EMERGENCY CLAUSE. It being determined that this Ordinance is necessary
for said compensation to be included in the budget for 1967, therefore, an emergency is
hereby declared to exist and this Ordinance shall be in full force and effect from and
after its passage and approval.
No further business being presented, the meeting was adjourned.
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ATTES4~`..
CITY
APPROVED: FEBRUARY 2, 19F7