January 4, 1968258
MINUTsS OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF 4JEST MEhIPHIS, ARKANSAS,
HELD AT THE CITY HALL IN SAID CITY ON THE 4TH DAY OF JANUARY, 1968.
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~ The City Council o.f the City of West i4errmhis, Arkansas, met in regular session at its
regular meeting place in West Memphis, Arkansas, at 3:00 o'clock P.A".. on the 4th day of
January, 1968, The following were present: Mayor Bob Eden, presiding, and Aldermen:
~~ Kirby Leggett, Paul Matthews, C. T. Rodgers, ~.. L. Smith, F. C. Weis, 0. C. Haley, and
Pritchard Horton; and City Attorney 'r~'. H. Dillahunty.
i
Absent: 1lderman 0. I. Bollinger.
It being determined a quorum was present, the following proceedings were had to-wit:
Minutes of Council Meeting on December 21, 1967, were approved as read.
Attorney C. B. Nance, Jr. on behalf of Marion Thomas, J. F. daggener and Charles Safley I
informed the Council the Planning Commission on January 3, 1968, had reconsidered their zoning
applications and recommended the following:
Lot 7, Block 12, I-]heeler Subdivision - General Commercial. District (C-~).
Lots 6, 7, 8, and 9, Block 7, bJheeler Subdivision - General Commercial. District (C-5) ~
Lot 12, Block 8, Wheeler Subdivision - General. Commercial District (C-5).
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No one appeared to protest the rezoning. After considering the location of the property and ~
surrounding zoning, motion was made by Alderman Matthews, seconded by Alderman Haley: That
the recommendations of the Planning Commission for rezoning the Thomas, Waggoner and Safl.ey properties',
be accepted. Upon vote, the voting was as follows:
Aye: Aldermen: Leggett, Matthews, Rodgers, Smith, ':Deis, Haley, and Horton. ~
t
No: None.
Alderman Leggett introduced an ondlnance entitled "An Ordinance To Rezone Certain Property
In The City Of ?dest 1'emphis; Declaring Arr Emergency And Fer Other Purposes" and the City Attorney
read the ordinance in full.
Alderman Smith, seconded by Alderman Haley, 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 ~.•oted:
Aye: Aldermen: Leggett, Matthews, Rodgers, Smith, .tieis, Haley, and Horton. I
No: None.
Thereupon the Mayer 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 Horton, seconded by Alderman Rodgers then moved that the rule requiring the reading
of an ordinance in full. on three diffeant days be further suspended and that the ordinance be
placed on its third reading. The 2fayor put the question on the adoption of the motion and the
roll being called the following voted:
Aye: Aldermen: Leggett, Matthews, Rodgers, Smith, Weis, Haley, and Horton.
Ne: 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 Matthews.
Alderman Weis, seconded by alderman Leggett, moved that the ordinance be adopted. The
question was nut by the Rtiayor on the adoption of the motion and the roll being called, the
following voted:
Aye: Aldermen: Leggett, Matthews, Rodgers, Smith, Weis, Haley, and Horton.
No: None.
Alderman Smith, seconded by Alderman Haley, moved that Section 4, the emergency clause be
adopted, and on roll call the following voted:
Aye: Aldermen: Leggett, Matthews, Rodgers, Smith, 4deis, Haley, and Horton.
Ne : Pdone .
The T`ayor 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. 548.
The ordinance read as fo?.lows:
ORDINANCE NO. 51x8
AN ORDINANCE TO REZONE CERTAIN FROPERTY IN THE CITY OF IJEST P`iFTFHIS; DECLARING AN EMERGENCY
AND FOR OTHER PURPOSES,
WHEREAS, an application was made t~o the manning Commission of the City of West Memphis
as proviced by Ordinance No. loll of the City of West Memphis for rezoning certain rroperty
with the City: and
.~JHEREAS, notice was duly published on the 6th day of November, 1967; that a hearing would
be held by the Planning Commission at 5:00 o'clock F.M. on the 6th day of December, 1967, and
said~meeti.ng was continued until January 3; 1968, and at said meeting and by the application
previously submitted it was requested that the following prcperty be rezoned General Commercial
district {C-[) instead of Single-Family Residence District (RS-7):
Lot 7 of Block 12 cf the vJheeler Subdi~~ision in the City of
?Jest t!`emphis, Crittenden County, Arkansas.
'rIHEREAS, no persons appeared to protest against said zoning as requested: and
?JHEREAS, the Planning Ccmmission of the City of Jest Alemphis recommended that said rezoning
petition be granted:
NOi•J, THEREFORE, BF. IT ORDAINED BY THF. CITY COUNCIL OF TfiE CITY OF WEST MEMPHIS:
Section 1. That the following property now zoned as Single-Family Residence District (RS-7)
be, and the same is hereby rezoned as General Commercial District (C-5):
Lct 7 of Block 12 of the ?^JYieeler Subdivision in the City of ir7est Memphis,
Crittenden County, Arkansas.
Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section 3. A copy of the ordinance, when duly certified by the City Clerk, shall be subject
to being filed and recorded in the office of the Circuit Court Clerk and Ex-Officio Recorder
within and for Crittenden County, Arkansas.
Section 11. EMERGENCY CLAUSE: It is found and declared by the City Council of the City of
West Memphis that this ordinance is necessary for the growth and expansion of the City of
YJest Memphis: therefore, an emergency is hereby declared to exist, and this ordinance shall be
in full. force anc effect from and after its passage and approval.
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Alderman tdeis introduced an ordinance entitled "An Ordinance To Rezone Certain Property
In The City Of West Memphis; Declaring An Emergency And Fer Other Purposes", and City Attorney
Di.llahunty read the ordinance in full.
Alderman Matthews, seconded by Alderman 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 r'ayor put the question on the adoption of the motion and the roll
being called, the following voted:
Aye: Leggett, Matthews, Rodgers, Smith, :Deis, Haley, and Horton.
No: None.
Thereupcn 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 Hcrton, seconded by Alderman Haley 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 N?ayor put the question on the adoption of the motion and the
roll being called the following voted:
Aye: Leggett, Matthews, Rodgers, Smith, rJeis, Haley, and Horton.
No: None.
The Alayor 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 Smith.
Alderman Leggett, seconded by Alderman Weis, moved that the ordinance be adopted. The question
was nut by the Mayor on the adoption of the motion and the roll. being called, the following voted:
Aye: Leggett, Matthews, Rodgers, Smith, ?~Jeis, Haley, and Horton.
No: None.
Alderman Matthews, seconded by Alderman Rodgers, moved that Section 4, the emergency clause
be adopted, and on roll call the following voted:
A,ye: Leggett, Matthews, Rodgers, Smith, ,leis, Haley, and Horton.
No: None.
The t~`ayor 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 Ne. 5119.
The ordinance read as follows:
ORDINANCE N0. 5119
AN ORDINAANCE TO REZONE CERTAIN PROPERTY IN THE CITY OF h1EST MFS'PHIS; DECLARING AN
EMERGENCY AND FOR OTHER PURPOSES.
WHEREAS, an a pl.ication was made to the $lanning Commission of the City of :Jest Memphis as
provided by Ordinance No. 1111 of the City of :Jest P'emphis for rezoning certain property within
the City: and
WHEREAS, notice was duly published on the 6th day cf November, 1967, that a hearing would
be held by the Planning Commission at 5:00 o'clock P.M. on the 6th day of December, 1967, and
said meeting was continue until January 3, 1968, and at said meeting and by the application
previously submitted it was requested that the following property be rezoned General Commercial
District (C-5) instead of Single-Family Residence District (RS-7):
Lots 6, 7, 8 and 9 of Block 7 of the 4dheeler Subdivision in the City of 1Jest Memphis,
Crittenden County, Arkansas, and Lot 12, Block 8 of the iJheeler Subdivision in the
City of ldest blernphis, Crittenden County, Arkansas.
'v1HEREAS, no persons appeared to pretest against said zoning as requeded; and
WHEREAS, the Planning Commission of the City of :Jest Memphis recommended that said rezoning
petition be granted;
PJOid, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF IdFST MEt4PHI5:
Section 1. That the following property new zoned as Single-Family Residence District (RS-7)
be, and the same is hereby, rezoned as General Commercial District (C-5):
Lots 6, 7, 8 and 9 of B7_ock 7 of the ',^Rieeler Subdivision in the City of West i~"emnhis,
Crittenden County, Arkansas, and Lot 12, Block 8 of the ldheeler Subdi~rision in the
City of ','lest Memphis, Crittenden County, Arkansas.
Section 2. A7.1 ordinances or Tarts of ordinances in conflict herewith are hereby repealed.
Section 3. A ccny of the ordinance, when duly certified by the City Clerk, shall be subject
to being filed and recorded in the office of the Circuit Court Clerk and Ex-Officio Recorder
within and for Crittenden County, Arkansas.
Secticn !1. EMERGENCY CLAUSE: It is found and declared by the City Council of the City of i
;lest h';emphis that this ordinance is necessary for the growth and expansion of the City of West 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.
rr. Sam Cross on behalf of D. ~J. Rodgers and C. T. Rodgers presented the following Petition:
PETITION TO VACATE PORTION OF DANNER STREET
T0: !Jest Memphis City Council
Comes D. W. Rodgers and Virginia Rodgers, his wife, and C. T. Rodgers, and Lorene Rodgers,
hi.s wife, anc for their petition, stte: That petitioners are the owners of Lots 3, 4, 5, 6, 7,
and 8, Block 11 and Lots 1, 2, 3, 1:, 5, 6, 7, 8, 9, 10 and 11, Block 12, Thomrson's 3rd Addition
to the City of West P;emphis, Arkansas, as shown by plat of record of the amended .plat. in Plat
Book 1 at rage 18a of the records of Crittenden County, Arkansas; that said Lots 1 through 5,
inclusive, Block 12, abut on the north side of that portion of Danner Street as shown on Exhibit A,
attached hereto, and Dots 5 through 8, inclusive, Block 11, abut on the south side of that portion
of ~anuer Street as shown on Exhibit A, attached hereto.
That the City of West I-Iemphis, Arkansas, is a city of the First Class, and, in order to better
wrovide for the public welfare, comfort, and convenience of the inhabitants of tiJest Memphis, Arkansas,
the said portion of Dander Street, as shown on exhibit A, and more particularly described as follows:
All that portion of Danner Street lying East of the East line of Sixth Street up to the
East Boundary> of the Thompson's 3rd Addition. The Street described being in the 1~iest
half of Section 7, T6P1, R9E as shown by Plat of Record of the amended Plat, Thompson's
3rd Addition to the City of West Memphis, Arkansas, in Plat Book 1, at• Wage 184 of the
Records of Crittenden Ccunty, :'lrkansas,
shculd be vacated and abandoned for the reason that said portion of Danner Street, although having
been dedicated as a public street o£ the City of West P_emphis, Arkansas, has never been opened nor
used as a street, nor has it been graded, paved, surfaced, or imnro*red in any manner for use as a
street; that said portion of Danner Street is not required for corrorate purposes and there is no
necessity fcr said portion of Danner Street to be now used or in the future to be used as a street;
that it would serve no usefulrurrose for said z~ortion of Danner Street to be used as a public
street but on the cent,rary would be an unreasonable and burdensome expense to the inhabitants of
l'?est Memrhis.
That the said portion of Danner Street as shown on Exhibit A and klereinabove specifically
described has not been actually used by the public as a street or alley for a period of more
than five years next -past, and in fact, has never been used by the public as a street or for
any nub]_ic purpcse.
That petitioners own al.l of the prorerty abutting said rortion of Danner Street as above
described; that Exhibit A shows the portion of the street requested to be vacated with the lots
and block numbers thereon.
hlHEREFORE, petitioners Wray that said portion of Danner Street l;fing east of the east line
of Sixth Street up to the east bounda•y of the Thompson's Third Addition and as shown on Exhibit A
be vacated and abandoned by the City of ':7est Memphis, Arkansas; that a day be fixed for a hearing
on this Petition and that the City Council direct the City Clerk to give notice of such hearing
by publication as required by law.
Respectfully Submitted,
!S/ D. W. RODOERS
VIROINIA RODGERS
C. T. RODGERS
LORENE RODGERS
Tho Council was informed the street had never been improved, and in anticiaating the closing
of the street~P9r. D. ?'J, Rodgers had purchased the file crossing the street when the City improved
the drainage in the area. Also, the Planning Commission had recommended the vacating of that
portion of Danner Street. The following resolution setting date of hearing was presented:
RESOLUTION N0. 326
?~RFAS, a petition has been filed by D. W. Rodgers and Virginia Rodgers, his wife and
C. T. Rodgers and Lorene Rodgers, his wife, before the City Council of West Memphis, Arkansas,
praying that a portion of Danner Street, being all of said street lying east of the east line
of Sixth Street up to the East Boundary of Thompson's 3rd Addition be vacated and abandoned, and,
WIiE.R1AS, 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 RESOLVED by the City Council of the City of ,•Jest t~;emphis, Arkansas, that
the 1st day of February, 1968, at 3:00 P.M. be fixed as the date of the hearing on said petition
filed herein requesting that the City of ?lest Memphis, Arkansas, vacate and abandon that portion
of Danner Street lying east of the East Line of Sixth Street up to the East Boundary of the
Thompson's 3rd Addition, and,
BE IT FUR.TFiER RESOLVED, that the City Glerk be and he is hereby directed to give notice of
such hearing by publishing such notice once a week for two consecutive weeks in a newspaper of
general circulation in said county, said notice to conform to law and to the provision of
ark. St,at. 19-3826.
Motion was made by Alderman Haley, seconded by Alderman Matthews: That the Resolution as
presented be adopted. The voting was as follows:
Aye: Aldermen: Leggett, Tatthews, Smith, Weis, Haley, Horton.
No: None.
Alderman Rodgers abstained from voting.
City Attorney Dillahunty informed the Council Notice of Hearing for Vacating a Portion of
N. 6th Street was published in the Evening Times on December 11th and 18th. No one appeared to
object to the vacating of the street, thereupon, an ordinance entitled:="An Ordinance Vacating
That Portion Of Sixth Street Lying Nowa~h Qf~~Cr,o~~~orneen~~~g~~yu~ty~~~atd~thedordinance~inefulling
An Emergency And For Other Purposes"!an C y
Alderman Sn:ith, seconded by Alderman Haley, 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 ca1J_ed, the following voted:
Aye: Aldermen: Leggett, Matthews, Smith, Weis, Haley, Horton, 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 Gity Attorney.
Alderman Rodgers, seconded by Alderman Hcrton 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: Leggett, Matthews, Smith, ?•Jeis, Haley, Horton, and Rodgers.
No: None.
t`
The Iaycr declared that at, least two=thirds of all members elected to the Council having
voted in fa•mr' of the motion to sus^end the rule, the motion was carried and the rule suspended.
The ordinance was then read by A?.derman I:atthe.•as.
:~7derman :leis, seconded b~,~ _41d,Err;an Leggett, moved that. the ordinance be ado=pted. The
nuesti_on Baas rut bw' tho N:a;;or on the adanti..on of th•o motion and the roll being called, the
f^].lowin^ ected:
a-~e: 17de.rmen: Leggett, P•iatthetas, .~cdgars, Smith, `.leis, Haley, and Horton.
PIo: Ncn^.
nl.d:-:rman Math, seconder,' by Alderman Hale;v, mo~;ed that Section 3, the emergency clause be
adorit•ed, anti cn roll call the fc7.lcwng cotnd:
-ye: ,4ldermerr: Leg;~ett, I°_atthe.•a, Zor,'gers, Smith, i^leis, Haler, and Horton.
DIa: None. 's
The I'a;ror t,hereu"on declared the ordinance and the emergene;a clause adopted and signed the
o:^di.nance, which was attested by the Ci'v C'..erk and impresser. with the seal. of the. City. The
OrcinanCe W3S g1Ven I'1_?, ~[C7.
Tha ordinance read as follows:
_.
URDIIANCE NO. `~ ~ ~-~
AN ORDINANCE VACATING THAT PORTION OF SIXTH STREET
LYIIQG NORTH OF COOPER AVENUE IN THO1rIFSOLv" S 3RD ADDI-
TION, DECLARING AId EMERGENCY AND FOR OTHER PURPOSES.
WHEREAS, a petition was duly filed with the City Council of
the City of West Memphis, Arkansas, on the 7th day of December, 19F7,
asking tyre City Council to vacate that portion of Sixth Street lyirry
north of Cooper Avenue as shown on Plat of Record in the office of the
Circuit Clerk and Ex-Officio Recorder of Crittenden County, Arkansas,
said street sought to be vacated being specifically described as follows:
Beginning at the Northwest corner of the intersection
of Cooper Street and North Sixth Street; thence in a
northerly direction along the East line of Lot 1,
Block l4, a distance of sixty-five (65) feet; thence
in a southeasterly direction to the Northwest corner
of Lot 1, Block 13; thence in a southerly direction
fifty (50) feet along the West line of lot 1, Bloclc
13; thence West from the Southwest corner of Lot 1,
Block 13, a distance of fifty (50) feet to the South-
east corner of Lot 1, Block 14, the point of beginning.
The property described being in the West Ha1:E of
Section 7, T6N - R9E as shown by Plat of Record of the
amended Plat, Thompson's 3rd Addition to the City of
West Memphis, Arkansas, in Plat Boo;c 1 at Page 184 of
the .records of Crittenden County, Arkansas.
WHEREAS, after due notice and publication 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 North Sixth Street hereinabove described having
heretofore been dedicated to public use. as a street has not been actually
used by the public for a period of at least five years; that all of the
owners of the property abutting upon the portion of tyre street to be
vacated have filed with the Council their written consent to such aban-
doping of such portion of North Sixth Street and that the public interest
and welfare will not be adversely affected by tkre abandonment of such
portion of said street.
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NOW, THEREFORE, BE IT ORDAINED by t'~ie City Council of the
City of West Memphis, Arkansas:
Section l: The City of West Memphis, Arkansas, hereby
releases, vacates and abandons all its rights, together with the rights
of the public generally, in and to that portion of Sixth Street lying
north of Cooper Avenue, more particularly described as follows:
Beginning at the Northwest corner of the intersection
of Cooper Street and North Sixth Street; thence in a
northerly direction along the East line of Lot 1,
Block 14, a distance of si.,xty-five (65) feet; thence
in a southeasterly direction td,the Northwest corner
of Lot 1, Block 13; thence in a southerly direction
fifty (50) feet along the West line of Lot 1, Block
13; thence West from the Southwest corner of Lot 1,
Block 13, a distance of fifty (50) feet to the South-
east corner of Lot 1, Block 14, the point of beginning.
The property described being in the West Half of
Section 7, T6N - R9E as shown by Plat of Record of the
amended Plat, Thompson's 3rd Addition to the City of
West Memphis, Arkansas, in Plat Boot. 1 at Page 1£i4 of
the records of Crittenden County, Arkansas.
Section 2: A copy of this Ordinance, certified by the City
Clerk, shall be filed in the office of the Circuit Cler}: and Ex-Officio
Recorder of and for Crittenden County, Arkansas.
Section 3: EMERGENCY CLAUSE. This Ordiance being necessary
for the immediate protection of the public peach, health and safety,
and in the interest of the public, an emer_yency is hereby declare& to
exist and this Ordinance shall be in full force and effect from and..
after its passage, approval and publication ~~~ r~'Lii~"e'~`! k>} law. i
~:ett~k:t,~~
Mr. Jack Briggs of Briggs Cab Company made an oral request to change his cab company's
rate schedule to:
1st mile - 50¢
Each Additional a mile 1.0¢
Each Additional Passenger 7.0¢
Mr. Ariggs stated Rockwell Meter Company had made a survey of taxi fares all. over the
country and recommended meters be installed using the rates listed in order that the company
be operated in first-c7.ass condition. Inasmuch as previous notice of the request had not
been made for placing the matter on the agenda, it was concensus of opinion the City Attorney
be gi•.*en an opportunity to research the City's Taxicab Ordinances and report to the Council
at the next meeting.
P°r. Briggs also requested consideration be given the reduction of privilege license for
taxicabs.
PSayor Eden ar.,pointed a committee of Aldero~en Rodgers, Smith, and Leggett to study the
Cityy's privilege license schedules until ,June lst and report to the Council.
Mayor Eden brought to the Council's attention the Garbage Department will have a
deficit of $11,000.00 in this year's operations and approximately 1;18,000 to X19,000 next
year at rresent rates. The Mayor recommended an increase of 35¢ in all. garbage fees, or
curtailment of the present 9 garbage and Lr trash collections available in the residential
areas. Alderman Rodgers commented to the Council he had contacted officials at Forrest City,
Blytheville, and Jonesboro and their garbage fees are less than in West 1".emrhis. After
discussion of competing labor market, accumulating surplus for equipment, requiremetrts for
the incinerator bond issue, efficiency of operation, and backyard pick-ups, motion was made
by Alderman Weis, seconded by alderman Horton: That the City Attorney be instructed to
prerare ordinance for increase in garbage rates as redommended by the Mayor. Upon vote, the
voting was as follows:
Aye: Aldermen: Leggett, Matthews, Smith, Gleis, Haley, any Horton.
No: Alderman: Rodgers.
The motion carried.
~6~
The Mayor announced corrected cccies cf the Budget i•~i11 be available in a few days,
anc the Budget wi11 be. presented at a later date.
Al.de-man ».odgers reported the Eugene Woods Ci~ric Center Stage committee had met, but
had nc informaticn to nr.esent at this time.
No further business being presented, the meeting was adjcurned.
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ATTEST : ~,~ ~
APPR~JEL: