November 2, 1967~2.3
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS, HELD AT THE CITY HALL IN SAID CITY ON THE 2ND DAY OF NOVEMBER, 1967.
The City Council of the City of West Memphis, Arkansas, met in regular session
at its regular meeting place in West Memphis, Arkansas, at 3:00 o'clock P.M. on the
2nd day of November, 1967. The following were present: Mayor Bob Eden, presiding,
and Aldermen: R. L. Smith, F. C. Weis, 0. I. Bollinger, 0. C. Haley, Pritchard Horton,
Kirby Leggett, Paul Matthews, and C. T. Rodgers; and City Attorney W. H. Dillahunty.
Absent: None.
It being determined a quorum was present, the following proceedings were had
to-wit:
Minutes of Council Meeting on flbtober 19, 1967, were approved as read.
Southland Racing Corporation check for $1~2,1~60.92 representing 1/3 of the
breakage for the 1967 Season was presented by Alderman 0. I. Bollinger. The Mayor
and Council com^limented the Corporation on the increased amount to the City.
Mayor Eden brought to the Councils attention Notice for bide for a police car
had been published on September 12th, however, due to production problems and
potential strikes no bids had been received until this date when bid was submitted
by Bob Morrow Ford Sales, Inc. Motion was made by Alderman Matthews: That the bid
received be opened and reviewed. The motion was seconded by Alderman Leggett. Upon
vote, the voting was as follows:
Aye: Aldermen: gmith, Weis, Bollinger, Haley, Horton, Leggett, Matthews, and Rodgers.
No: None.
Bid received as follows:
1968 Ford Custom l~dr Sedan $3,278.18
Trade in - 1965 Ford 889.01
$'~
After discussion, motion was made by Alderman Matthews: That bid of Bob Morrow Ford
Sales, Inc. be accepted. The motion was seconded by Alderman Leggett. Upon vote,
the voting was as follows:
Aye: Aldermen: Smith, Weis, Bollinger, Haley, Horton, Leggett, Matthews, and Rodgers.
No: None.
The following petition was presented:
To The Honorable West Memphis, Crittenden County, Arkansas, City Council:
Petition To Vacate Unnamed
Dedicated Street Within
The Second Rich Eastern
Addition To Weat Memphis,
Arkansas
Come Mable Louise Hall, Billy Holmes, M. L. Harness and Aubrey Griffith, the owners
of the property adjacent to the hereinafter described platted street, and for their
petition to the Honorable Weat Memphis, Crittenden County, Arkansas, City Council to
vacate said street, state:
That the petitioners are the owners of all of the property abutting upon the
unnamed street which is herein sought to be vacated and closed and which is specifi-
ca11y described as follows, to-wit:
All of that unnamed street lying West of
the Weat line of 28th Street and East of
the East line of 27th Street, lying North
of Beatty Street and South of Church Street
as shown by the recorded plat of Second
Rich Eastern Addition to West Memphis located
in the East one-half (E~) of Section Eight,
Township Six North (T6N), Range Nine East
(R9E) in Crittenden County, Arkansas, and
recorded in plat book 1, page 273 in the
office of the Circuit Court Clerk and
Ex-Officio Recorder for Crittenden County,
Arkansas.
That said portion of street has not actually been used by the public as a
street for a period of five (5) years prior to this date; that the property of these
petitioners, as hereinabove stated, is the only property abutting upon that portion
of street hereinabove described;
That a plat showing said property, hereinabove described, is attached hereto and
made a part hereof and marked Exhibit "A" hereto and that portion of the said street
sought to be vacated is marked on said exhibit by red marking.
240
WHEREFORE, Petitioners pray that the City Council take such action as may be necessary
to vacate said street, and the same be not only vacated but closed and abandoned and that all
rights of the City of West Memphis and the public generally be released, provided an easement
in the center of the above described property for a sidewalk not to exceed six (6) feet in
width is granted to the City.
MABLE LOUZSE HALL
BILLY HOIMES
M. L. HARNESS
AUBREY ORIFFITH
BY: ~S~ EDWARD J. RITBENS, ATTORNEY
For Petitioners
After disdusaion of request of Mr. Wm. Brend and others of the neighborhood fora 10 feet easement
and recommendation of the Planning Commission, motion was made by Alderman Rodgers: That Hearing
for vacating and abandoning the unnamed street and granting an easement for a sidewalk be set for
3:00 P.M. November 16, 1967. The motion was seconded by Alderman Matthews. Upon vote, the voting
was as follows:
Aye: Aldermen: Smith, Weis, Bollinger, Haley, Horton, Leggett, Matthews, and Rodgers.
No: None.
Recommendation of the Planning Commission to rezone Lots 1, 2, 3, !t, 5, 1.3, 11t, 15, 16, and 17,
Block 12, Wheeler Subdivision RM-1, Multiple Family Residence District was presented. Mr. R. Fallia,
petitioner for the rezoning and Attorney Ralph Sloan presented plans for 72 apartment units with
swimming pool, and off-street parking. After discussion, an ordinance entitled "An Ordinance To
Rezone Lota 1, 2, 3, 1t, 5, 13, 14, 15, 16 and 17, Hlock 12, Wheeler Subdivision In The City Of
West Memphis, Arkansas" was introduced by Alderman Weis, and City Attorney Dillahunty read the
ordinance in full.
Alderman Matthews, seconded by Aldenan Rodgers, 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: Smith, Weis, Bollinger, Haley, Horton, Leggett, Matthews, and Rodgers.
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 by the City Attorney.
Alderman Horton, seconded by Alderman Bollinger 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: Smith, Weis, Bollinger, Haley, Horton, Leggett, Matthews, and Rodgers.
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 by Alderman Haley.
Alderman Smith, 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: Smith, Weis, Bollinger, Haley, Horton, Leggett, Matthews, and Rodgers.
No: None.
Alderman Weis, seconded by Alderman Matthews, moved that Section 2, the emergency clause be
adopted, and on roll call the following voted:
Aye: Aldermen: Smith, Weis, Bollinger, Haley, Horton, Leggett, Matthews, and Rodgers.
No: None.
The Mayor thereupon declared the ordinance and the emergency clause adopted and signed tha
ordinance, which was attested by the City Clerk and impressed with the seal of the City. The
ordinance was given No. 511. The ordinance read as follows:
ORDINANCE N0. 541
AN ORDINANCE TO REZONE LOTS 1, 2, 3, 4, 5, 13, 14, 15, 16 AND 17, BLACK 12, WHEELER SUBDIVISION
IN THE CITY OF WEST MEMPHIS, ARKANSAS
WHEREAS, Robert R. Fallia has petitioned the Planning Commission to rezone and redesignate
certain property hereinafter described; and
WHEREAS, notice was duly published on October 16, 1967, as provided by law, of a hearing
to be held before the West Memphis City Planning Commission at 5:00 p.m. on November 1, 1967,
for the purpose of hearing any interested parties in connection with the rezoning and redesignating
of said lands; and
WHEREAS, at said meeting on November 1, 19b7, 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`C~F THE CITY OF WEST MEMPHIS:
SECTION I:
(a) That the following described property, to wit:
Lots 1, 2, 3, 4, 5, 13, 14, 15, 16 and 17, Block 12 of the Wheeler Subdivision
in the City of Weat Memphis, Arkansas,
be and the same is hereby rezoned and redesignated as RM-1 Multiple Family Residence District.
SECTION II: EMERGENCY CLAUSE: It is hereby ascertained and declared to be a fact that
the property above described is in the process of development; that the passage of this Ordinance
is in the interest of the public peace, health, safety and we]fare of the citizens of Weat Memphis;
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.
The following petition was presented:
PETITION TO VACATE ALLEY
Come the undersigned petitioners and in petitioning the City Council of the City of
West Memphis, Arkansas, state:
That Robert R. Fallia has an option to purchase and acquire the title to Lota 1, 2, 3,
4, 5, 6, 11, 12, 13, 14, 15, 16, and 17 in Block 12 of Wheeler Subdivision in the City of
West Memphis, Arkansas, as shown by plat of record in Plat Book 2 at pages 113 and 114 in
the office of the Recorder of Crittenden County, Arkansas, abutting upon the alley hereinafter
particularly described.
That Charles F. Safley and James F. Waggener have an option to purchase and acquire the
title to Lot 7 in Block 12 of Wheeler Subdivision in the City of West Memphis, Arkansas, as
shown by plat of record in Plat Book 2 at pages 113 and 114 in the office of the Recorder of
Crittenden County, Arkansas, abutting upon the alley hereinafter particularly described.
That the optionors to Robert R. Fallia and Charles F. Safley and James F. Waggener or
their predecessors were apart of the owners of all of the lands in Wheeler Subdivision in
the City of Weat Memphis, Arkansas, and on September 26, 1955, caused to be recorded a replat
of a portion of the subdivision showing particularly Block 12, said plat being the one herein-
before referred to; that on said plat there is shown an alley 20 feet wide located between
Lots 1 to 9, inclusive, on the northerly aide and Lota 10 to 17, inclusive, on the southerly
side; that said alley was laid off and platted on said map but said alley was never actually
laid off and improved on said plat; that it is necessary in connection with the use for which
petitioners are acquiring the lands hereinabove described to have that portion of the alley
abutted by Lots 1, 2, 3, 4, 5, 6, 7, and 11, 12, 13, 14, 15, 16 and 17, Block 12, Wheeler
Subdivision in the City of West Memphis, Arkansas, as shown on the above described plat of
Wheeler Subdivision closed and petitioners now request such closing.
That the Arkansas State Highway Commission has acquired Lots 8, 9 and 10 and that portion
of the above alley located between them and this portion of the alley has already been extinguished.
That the undersigned have under valid options all of the lands abutting on that part of
the alley sought to be closed.
That there is attached hereto as Exhibit "A" a pho$copy of that portion of the plat filed
in the office of the Recorder of Crittenden County, Arkansas, which shows the alley to be
vacated together with a lot and block number of each lot which abate upon the alley to be
vacated.
That the matter of the vacation of this alley was submitted to the West Memphis City
Planning Commission at its meeting on November 1, 1967, and said Planning Commission approved
and recommended to the City Council of the City of Weat Memphis, Arkansas, that such alley be
vacated.
WHEREFORE, petitioners pray that the City Council of the City of West Memphis, Arkansas,
at its neat regular or special meeting, fix a day for the hearing of this petition and direct
the City Clerk to give notice of such hearing by publication once a week for two consecutive
weeks in the Evening Times, a newspaper published in Crittenden County, Arkansas, and having
a general circulation 1n the City of West Memphis, Arkansas, and that upon final hearing that
the alley hereinabove described be vacated and all rights bf the City of Weat Memphis, Arkansas,
and of the public generally therein be released, vacated and abandoned.
Respectfully submitted, this 2nd day oP November, 1967.
ROBERT R. FACETS, CHARLES F. SAFLEY AND
JAMES F. WAGGENER, PETITIONERS BY
SPEARS & SLOAN, THEIR ATTORNEYS
242
After discussion, motion was made by Alderman Smith: That hearing date be set for 3:00 P.M.,
November 16, 1967. The motion was seconded by Alderman Haley. Upon vote, the voting was as
follows:
Aye: Aldermen: Smith, Weis, Bollinger, Haley, Horton, Leggett, Matthews, and Rodgers.
No: None.
Final Plat of the Replat of E~ of Block 6, Blocks 7 and B, Lots 1 thru 10, Block 1,
George T. Kendal Fifth Addition was presented by Mr. C. H. Bond, Jr. of Bond Consulting
Engineers, Inc. The Council was informed lots•are to be sold in the Mobile Home Park, and
water and sewer lines have been installed also streets constructed. Motion was made by
Alderman Smith: That the Replat of the E~ of Block 6, Blocks 7 and 8, and Lots 1 Thru 10,
Block 1, George T. Kendal Fifth Addition be approved. The motion was seconded by Alderman Leggett.
Upon vote, the voting was as follows:
Aye: Aldermen: Smith, Weis, Bollinger, Haley, Horton, Leggett, Matthews, and Rodgers.
No: None.
City Attorney Dillahunty informed the Council the Utility Cottm:ission had received bids on
October 9th for a 500,000 gallon elevated tank and dismantling of existing 100,000 gallon elevated
tank, and after study of the bids by the Utility Commission Engineers the low bid of $i.l~lt,120.00
had been recommended by the Commission, and the following Resolution prepared for consideration:
RESOLUTION N0. 319
WHEREAS, the West Memphis Utility Commission has previously advertised for bids for the
construction of a 500,000 gallon elevated tank and the dismantling of existing 100,000 gallon
elevated tank together with all improvements thereto; and
WHEREAS, on the 9th day of October, 1967, at 2:00 o'clock P.M ., at the time and place set
forth in advertisement for receipt of bids, Chicago Bridge and Iron Company, Tulsa, Oklahoma,
submitted a bid in the amount of $14li,120.00 which was the best and lowest bid received; and
WHEREAS, the Weat Memphis Utility Commission has considered said bids, conferred with the
consulting engineers on said project, and has determined that the bids submitted by Chicago Bridge
and Iron Company is the best bid and has recommended that the City Council authorize the execution
of the contract for said project to Chicago Bridge and Iron Company, Tulsa, Oklahoma;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Memphis, Arkansas, that
the West Memphis Utility Commission be and it is hereby authorized to accept the above bid for the
sum of $11~lt,120.00 and said commission is further authorized to execute a contract with Chicago
Budge and Iron Company, Tulsa, Oklahoma.
Thereupon, motion was made by Alderman Matthews: That the Resolution as presented be adopted.
Upon vote, the voting was as follows:
Aye: Aldermen: Smith, Weis, Bollinger, Haley, Horton, Leggett, Matthews, and Rodgers.
No: None.
Mayor Eden recommended the longevity salary schedule be amended as of January 1st to apply
after three years employment instead of the preset five years requirement. After discussion,
motion was made by Alderman Weis: That the City Attorney be instructed to prepare an ordinance
amending the longevity schedule as recommended by the Mayor. The motion was seconded by
Alderman Horton. Upon vote, the voting was as follows:
Aye: Aldermen: Smith, Weis, Bollinger, Haley, Horton, Leggett, Matthews, and Rodgers.
No: None.
The Mayor reported on the Municipal League Convention, retirement plans, and requested
the Council consider salary increases of $30.00 per month for the members of the police and fire
departments for 1968.
No further business being presented, the meeting was ad3ourned.
AT7C~5 T,~c~.~..-rte "
`~ CITY K
APPROVED: NOVEMBER 1F, 7-9F7