December 21, 1967
PTNUTES 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 21ST DAY OF DECEMBER, 1967.
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The City Council.. of the City of West t9emphis, Arkansas, met in regular session at its
regular meeting place in West Memphis, A~nsas, at 3:00 o'clock P.M. on the 21st day of
December, 1967. The following were present: Mayor Bob Eden, presiding, and Aldermen:
Kirby Leggett, Paul Matthews, C. T. Rodgers, R. L. Sns.ith, F. C. ',leis, 0. I. Bollinger, and
0. C. Haley: and City Attorney W. H. Dillahunty.
Absent: Alderman Pritchard Horton.
It being determined a quorum was present, the following proceedings were had to-wit:
Minutes of Council Meeting an December 7, 1967, were apprcved as read.
Mrs. Fred Baddour, President of the quota Club of ?Jest Memphis, appeared to emphasize the
importance of adequate stage facilities at the Eugene `,foods Civic Center. N;r. Bob Bentley,
President-Elect of the Kiwanis Club, Mrs. Marcelle Hewgley, and Mr. Parker Gee also requested
consideration of the stage pro3ect. Mayor Eden informed those present an outside extension to
the Civic Center would cost approximatelyv75,000 to $80,000.00, however, he had conferred with
Mtr. Pat hagruder, Architect, as to construction of stage facilities inside the present building
that would not interfere with other recreation, and would be within financing capability of the
City. It was brought to the attention of those present the present bond issue will not be
callable for four years, and due to the present bond market it may not be advisable to recall the
bonds as interest rates are higher now than when the bonds were issued, however, Mr. Eugene Woods
has donated to the City a $20,000.00 note that may provide necessary funds. Mayor Eden appointed
a committee of Aldermen Tilden Rodgers and 0. I. Hollinger, Parker Gee, and Architect Pat Magruder
to study the matter and make recommendation to the Council. at a later date. Mr. Bon:] Butler and
ASr. Phil Castleberry, representing the West Piemphis Jaycees, requested consideration be given
additional parking area at the Eugene Woods Civic Center. The N,ayor explained a land use plan for
parking has been prepared, and as soon as weather is satisfactory a parking area will be provided.
Rev. A: H. Rust, President of the West Memphis Ministerial A7.liance presented the following
Resolution frcm the A7.liance:
WHEREAS recent trends in the City of udest iRemphis, Arkansas toward "Business-As-Usual" on Sunday
seem now to threaten the treasured American concept of a day of worship and rest in every week,
and
WHEREAS Sunday can be interpreted both as the Lord's Day for Christians and as a Civil Institution
recognized by law as a time when business ceases and employment stops so that Christians may worship
and families can have a day together, and
WHEREAS there is nothing in Sunday laws compelling anyone to go to church or believe in a religion
he does not profess, and
1rIHEREAS there is a serious threat involved in the developing business trends which will reduce the
average man's freedom to wcrshin, rest, and physical rehabiliation, and
WHER~,AS we be7.ieve that comm~anlty opinion supports the appeal being made here, and as ministers
we represent the consensus of opinion in our collective congregations, and that if provolked,
public opinion will substantiate this position, and
WHEREAS our city allows a number of business houses to operate on Sunday which are not permitted
Sunday operating privileges in our big-sister-city of Memphis, Tennessee, and
WHEREAS it is our understanding that certain laws of the State of Arkansas permit local governments
to enact ordinances regulating Sunday business practices, and that such laws have been enacted,
tested, and found to be constitutional, by others
BE IT THEREFORE RESOLVED THAT THE WEST MEMPHIS MINISTERIAL ALLIANCE RESPECTFULLY REQUEST, BESEECH,
AND URGE THE WEST MEMPHIS CITY COUNCIL TO ENACT ?^JHATEVER LEGAL DOCUMENTS NEEDFUL TO CLOSE ALL
BUSINESS HOUSES NOT CONSIDERED .ESSENTIAL TO THE IA~IEDIATE ?dELFARE OF MAN, AND AUTHORIZE WHATEVER
ENFORCF~SENT NECESSARY.
/S / A . H. RUST
Pres dent)
/S/ FLOYD ASHPOLE _
Secretary)
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Rev. Tommie Hinson and Rev. Cling Burleson also spoke in support of the Resolution. Mr. John B. Denson
presented ot.positions to enactment of a closing ordinance. Alderman Rodgers informed the Council he
had talked with Mr. Bill. Seaton, President of the West Memphis Retail Merchants Association, as to
working out a voluntary plan at a special meeting on January 2, 19F8, of the Association. City
Attorney Dillahunty explained the State Statutes pertaining to selling on Sunday. After lengthy
discussion of essential and non-essential goods for sale, temporary trend, enactment of an ordinance,
referendum on the matter, religious basis, sales on Sunday in neighboring areas, voluntary closing,
and enforcement of regulations, motion was made by Alderman Rodgers: Give Retail Merchants a chance
to work out voluntarily then present back before the Council. The motion was seconded by Alderman
Leggett. Upon vote, the voting was as follows:
Aye: Aldermen: Leggett, A'.atthews, Rodgers, Smith, '.'leis, Bollinger, and Haley.
No: None.
City Attorney Dillafiinty informed the Council the City, Midsouth Foundry, Inc., and
St. Louis-San Francisco Railway Company had entered into an agreement on January 5, 1965,
providing for construction, maintenance operation, and ownership of certain trackage; and
now the Railway Company, Missouri Pacific Railroad Company, and Chicago, Rock Island and
Pacific Railroads have agreed and request the City tc supplement the previous agreement.
After discussion, the following Resolution was presented:
RESOLUTION N0. 325
'r7HEREAS, City of '.Jest Memphis, Midsouth Foundry, Inc. and St. Louis-San Francisco
Railway Companv entered into an agreement dated January 5, 1965, providing for construction,
maintenance operation and ownership of certain trackage as reflected in said agreement; and,
YdIH;REAS, St. Louis-San Francisco Railway Company, Missouri Pacific Railroad Company and
Chicago, Rock Island and pacific Railroad Company have agreed and request the city to
supplement the previous agreement dated January 5, 1965, to reflect a change in ownership of
the track shown in said agreement: and,. .._
WHEREAS, Midsouth Foundry, Inc. and all other parties have requested that the City of
West Memphis execute a supplemental agreemenis•to carry into effect the desired purposes; and,
whereas, the City Council has determined that such supplemental agreement is proper and should
be executed on behalf of the City of Flest Memphis, Arkansas.
NOid, THEREFORE, BE IT RESOLVED BY TfiE CITY COUNCIL of the City of nest P•Iemphis, Arkansas,
that the Mayor and City Clerk be, and they are hereby authorized to execute said supplemental
agreement for and on behalf of the City of West Memphis, Arkansas.
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Motion was in~ldg by Alderman Haley, seconded by Alderman Smith: That the Resolution as presented
be adopted. Upon vote, the voting was as follows:
Aye: Aldermen: Leggett, Matthews, Rodgers, Smith, Weis, Bollinger, and Haley.
No: None.
A plat of street and utility easements on N. Avalon for property owned by Calvary Baptist
Church and Guaranty Loan & Realty Company was presented. The Council was informed the Plat has
been approved by Utility Commission Engineer 0. P. Johnson. After discussion, motion was made
by Alderman Weis, seconded by Alderman Matthews: That the plat of street and utility easements
lying in the N~ S~ of Section 1, T-6-N, R-B-E, Crittenden County be approved. Upon vote, the
voting was as follows: ~..
Aye: Aldermen: Leggett, Matthews, Rodgers, Smith, Weis, Bollinger, and Haley.
No: None.
As instructed on November 2nd, City Attorney Dill.ahunty presented an ordinance for
incentive compensation for municipal employees. Alderman Weis introduced the ordinance
entitled "An Ordinance To Provide Incentive Corrmensation Increases For Municipal Employees;
To Repeal Ordinance No. 434 Adopted The 7Th Day Of March, 1963, And All Ordinances In Conflict
Therewith; Declaring An Emergency And For Other Purposes'! and the City Attorney read the
ordinance in full
Alderman Rodgers, 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: Leggett, Matthews, Rodgers, Smith, Weis, Bollinger, and Haley.
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.
9lderman Matthews, seconded by Alderman Haley 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: Leggett, Matthews, Rodgers, Smith, Weis, Bollinger, and Haley.
No: None.
The Mayor declared that at least two-thirds of a7.1 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 City Attorney.
Alderman Leggett, seconded by Alderman Smith, moved that the ordinance be adopted. The
question was put by the N.ayor on the adoption of the motion and the roll being called, the
following voted:
Aye: Aldermen: Leggett, Matthews, Rodgers, Smith, Weis, Bollinger, and Haley.
No: None.
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Alderman Weis, seconded by Alderman Rodgers moved that Section 5, the emergency clause
be adopted, and on roll call the following voted:
Aye: Aldermen: Leggett, Matthews, Rodgers, Smith, .leis, Bollinger, and Haley.
No: None.
The Mayor thereupon declared the ordinance and the emergency clause adopted and signed
the ordinance, which was attested by the City Clerk and impressed with the seal of the City.
The ordinance was given No. 547.
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ORDINANCE N0. 5h7
AN ORDINANCE TO PROVIDE INCENTIVE COMPENSATION INCREASES FOR bNNICIPAL EMPLOYEES; TO REPEAL
ORDINANCE N0. 43l~ ADOPTED THE 7TH DAY OF MARCH, 1963, AND ALL ORDINANCES IN CONFLICT THERE'v7ITH;
DECLARING AN EMERGENCY AND. FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST A":EN,PHIS, ARKANSAS:
Section l: Ordinance No. 1t31t adopted on the 7th day of N:arch, 193, is hereby revealed.
Section 2: All Municipal employees with three (3) or more continuous years of employment
with t e ity of West Memphis shall be entitled to an increase of five (5) per cent of their
base nay.
Section 3: AL1 rlunicipal employees after completion of three (3) years or who have already
complete three (3) years of continued employment with the City of 'i7est Memphis shall be entitled,
in addition to the increase provided in Section 2, to a one (1) per cent increase of their base
pay each year thereafter for the next ten (10) years, but in no event shall the increase or
increases under this ordinance exceed a total of fifteen (15) per cent of such base pay.
Section !t: All. ordinances or parts of ordinances in conflict herewith are repealed.
Section 5: This ordinance being necessary for the immediate preservation of the public peace,
welfare,- sa~~y and health, an emergency is hereby declared to exist and this ordinance shall be
in full force and effect from and after its passage and approval.
Mayor Eden reported information on the 1967 expenditures will be completed in a few days and
then a comparison of 1.966 and 1967 figures can be made in preparing the preliminary budget for
1968, and requested the Council meet with him to discuss the matter prior to the next Council
meeting. Wednesday, January 3, 1968, at 5 P.M. was designated for discussion of the preliminary
budget.
Alderman Smith reported the fence between 27th and 28th Streets had not been removed, and
requested information as to construction of the sidewalk. Mayor Eden advised the sidewalk will
~,:be constructed as soon as weather conditions permit.
No further business being :resented, the meeting was adjourned.
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ATTES'~~~~ . c ~ d
CITY CLERK L~~
MAYOR
APPROVED: JANtJARY la, 1968