March 7, 1968
..u-,4 ~M
MINUTES OF COUNCIL MEETING OF THE COUNCIL OF THE CITY OF WFST MEMPHIS, ARKANSAS,
HAD AND HELD ON MARCH 7, 1968.
The City Council of the City of West Memphis, Arkansas, met in regular session at its
regular meeting place in Weat Memphis, Arkansas, at 3s00 o'clock P.M. on the 7th day of
Harch, 1968. The following were present: Mayor Bob Eden, presiding, and Aldermen: j
F. C. Weis, O.. C. Haley, Pritchard Horton, Kirby Leggett, Paul Matthews, G. T. Rodgers, and '!
~ R. L. Smith. ~1
~~ ~ l
~) Absents Alderman 0. I. Hollinger. Ij
It being determined a quorum was present, the following proceedings were had to-wit:
Minutes of Council Meeting on February 15, 1968, were approved as read.
Mayor Eden brought to the Council's attention on February 1, 1968, no one had appeared to
protest the vacating a portion of Danner Street in Thompaon'a 3rd Addition, therefore, the
ordinance would be presented for consideration. P4r, Sam Cross appeared on behalf of the
petitioner. Alderman Leggett introduced an ordinance entitled "An Ordinance 9acating A Portion
Of Danner Street In Thompson's 3RD Addition, Declaring An Emergency And For Other Purposes"
and City Attorney Dillahunty 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 voted:
Aye: Aldermen: Weis, Haley, Horton, Leggett, Matthews, and Smith.
No: None.
Alderman Rodgers abstained from voting.
TYiereupon the Mayor declared that at least two-thirds of all members oP the Council having
voted in favor of the motion to suspend the rule, the motion was parried and the rule suspended.
The ordinance was then read by the City Attorney.
Alderman Matthews, seconded by Alderman Horton 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: Weis, Haley, Horton, Leggett, Matthews, and Smith.
No: None.
Alderman Rodgers abstained from voting.
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 City Attorney Dillahunty.
Alderman Weis, 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: Weis, Haley, Horton, Leggett, Matthews, and Smith.
No: None.
Alderman Rodgers abstained from voting.
Alderman Smith, seconded by Alderman Haley, moved that Section 3, the emergency clause be
adopted, and on roll call the following voted:
Aye: Aldermen: Weis, Haley, Horton, Leggett, Matthews, and Smith t"
No: None.
Alderman Rodgers abstained Prom voting.
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. 55~t.
The. ordinance read as follows:
~~~ ORDINANCE NO. ~ ~
AN ORDINANCE VACATING A PORTION OF llANNER STREET IN
THOMPSON'S 3RD ADDITION, DECLARING AN EMERGENCY AND
FOR OTHER PURPOSES.
6VFiEREAS, a petition was duly filed with the City Council of
the City of kest Memphis, Arkansas, on the 4th day of January, 1968,
asking the City Council to vacate a portion of Danner Street 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:
All that portion of Danner Street lying east of the
east line Si;:th Street up to the east boundary of
the Thompson's 3rd addition. The Street described
being in the ~•7est Half of Section 7, Township 6
North, Range 9 East, as shown by Plat of Record of
the amended plat, Thompson's 3rd Addition to the City
of ~`est Memphis, Arkansas, in Plat Book 1 at page 184
of the Records of Crittenden County, Arkansas.
WHEREAS, after due notice and publication as required by
law, the Council Ytas, at the time and place mentioned in the notice,
heard all persons desiring to be heard on the question and has ascer-
twined that the portion of Danner Street hereinabove de.~cribed, having
heretofore been dedicated to public use as a street h~ not been
actually used by the public for a period of at least five years; that
all owners of the property abutting upon the portion of the street to
be vacated have filed with the council their written consent to such
abandoning of such portion of llanner Street and that the public interest
and welfare will not be adversely affected by the abandonment of such
portion of said street.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITX OF WEST MEMPHIS, ARKANSAS:
Section 1: The City of West Memphis, Arkansas, hereby
releases, vacates and abandons all its riyhts, together with the rights
of the public generally, in and to that portion of Danner Street lying
+~; .'.. .
east of the east line of Si~;th Street, more particularly described as
follows:
All that portion of Danner Street lying east of the
east line of Si:;th Street up to the east boundary of
the Thompson's 3rd Addition. The Street described
being in the west Half of Section 7, Township 6
North, Range 9 East, as shown bf Plat of Record of
the amended plat, Thompson's 3rd Additiort to the City
of west Memphis, Arkansas, in Plat Boo]. 1 at page 184
of the Records of Crittenden County, Arkansas.
Section 2: A copy of this Ordinance, certified by the City
Cler]t, shall be filed in the Office of the Circuit Clerk and Ex-Officio
Recorder of and for Crittenden County, Arkansas.
Section 3: EMERGENCY CLAUSE. This Ordinance being necessary
for the immediate protection of the public peace, health and safety,
}
at'1 t9 in i'r r: i ntaraat of thn nnhl i r an nmarn nnnv i c hnrchv rlnnl araA i-.~
on Plat of Record iii 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:
All that portion of Danner Street lying east of the
east line Sixth Street up to the east boundary of
the Thompson's 3rd addition. The Street described
being in the V7est Half of Section 7, Township 6
North, Range 9 East, as shown by Plat of Record of
the amended plat, Thompson's 3rd Addition to the City
of F:est Memphis, Arkansas, in Plat Book 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 t-ime and place mentioned in the notice,
heard all persons desiring to be heard on the question and has ascer-
tained that the portion of Danner Street hereinabove described, having
heretofore been dedicated to public use as a street ha not been
actually used by the public for a period of at least five years; that
all owners of the property abutting upon the portion of the street to
be vacated have filed with the council their written consent to such
abandoning of such portion of llanner Street and that the public interest
and welfare will not be adversely affected by the abandonment of such
%~
portion of said street.
E
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WEST DIEMPHIS, ARKANSAS:
Section 1: 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 Danner Street lying
east of the east line of Sia;th Street, more particularly described as
follows:
A11 that portion of Danner Street lying east of the
east line of Sixth Street up to the east boundary of
the Thornpson's 3rd Addition. The Street described
being in the West Half of Section 7, Township 6
North, Range 9 East, as sl~ownby Plat of Record of
the amended plat, Thompson's 3rd Addition to the City
of west Ntemphis, Aransas, in Plat Boo]: 1 at paye 184
of the Records of Crittenden County, Arkansas.
Section 2: A copy of this ordinance, certified by the City
Cleric, shall be filed in the office of the Circuit Clerk and Ex-Officio
Recorder of and for Crittenden County, Arkansas.
Section 3: Er1ERGENCY CLAUSE. This Ordinance being necessary
for the immediate protection of the public peace, health and safety,
and in the interest of the public, an emergency is hereby declared to
exist and this Ordinance shall be in full force and effect from and
after its passage, approval and publication as required by law.
The Mayor announced bide for insurance in accordance with Notice for bide published
February 14, 1968, in the Evening Times would be received. The following bids xere received:
Charles J. Upton & Co. Inc.
We respectfully submit the following bid on the Automobile Liability coverage for the City of
West Memphis with a 48~ credit on published Insurance Rating Board rates. In addition to this
48~ credit, we will allow the appropriate fleet credit as provided by the Insurance Rating
Board which, as based on 66 unite listed, would be an additional 13.9$ credit.
,.
These credits will apply to automobile coverages in accordance with the coverages and limits as
specified in the advertised innitationa for bids, except the Hired Car and Non-OWned Automobile
coverages xhich x111 be written at 100K of the Insurance Rating Board's rates for those exposures.
~t
Crittenden Insurance Agency, Inc.
We respectfully submit our bid on Comprehensive Automobile Liability as advertised
Our bid is 40$ off manual.
We respectfully submit our bid on Workmen's Compensation and Comprehensive (}eneral Liability
Insurance, excluding automobiles, as ad~ertiaed.
Workmen's Compensations Bureau rates, guaranteed cost with participating dividend included
based on premiums earned and losses paid.
Comprehensive General Liability: 60~ off manual.
United Insurance Agency Of Arkansas, Inc.
In accordance with your recent published bid for insurance for the City of West Memphis, xe
would like to aubmlt the following proposal.
This agency will write your Comprehensive Public Liability and Property Damage Insurance on
your automotive unite as per the list of units submitted and in accordance with your bid
requirements for $3446.80.
For your Comprehensive Public and Property Damage Insurance, excluding automobiles, xe would
like to submit a quotation of 63~ off of the manual current rates promulgated by the National
Bureau of Casualty Underwriters...
Because mf the unsatisfactory loss experience on your Workmen's Compensation insurance, xe
can not at this time make a bid on this, however, if there are no bids submitted today on this
insurance through legitimate, state licensed companies then we x111 be happy to place this
through the Assigned Risk Pool and our bid for the Comprehensive Publio Liability insurance
quoted above will remain the same.
a~a#
After dissuasion, Mayor Eden appointed a Committee of Aldermen Weis, Rodgers, Matthews,
Mr. C. B. Senhausen, and City Clerk Charley F. DeOraff to study the bide, and make recommendation
to the Council.
The next matter on the agenda xae receiving bide For three Police Cara as per notice
published February 16, 1968, in the Evening Times. The following bide xere received:
McCaa Chevrolet
Biaeayne 4 dr. $3226.54
Trade in 1965 Ford 600.00
~~~
Biscayne 4 dr. $3226.54
Trade in 1962 Buick 700.00
Biscayne 4 dr. $3226.54
Trade in 1962 Chevrolet 500.00
Pricey do not include Federal Exci se ~
Bob Morrow Ford Sales, Inc.
1968 Ford Custom $3394.23
Leas Federal Excise Tax 167.69
Less Trade-in - 1965 Ford 4 dr 638.21
1968 Ford Custom $3394.23
Less Federal Excise Tax 167.69
Leas Trad®-in 1962 Chev 4 dr 587.52
1968 Ford Custom $3394.23
Lela Federal Excise Tax 167.69
Lees Trade-in 1962 Buck 4 dr 738.21
2 .33
2'7F
After discussion, motion xaa made by Alderman Matthews, seconded by Alderman Leggett: That
the lox bid of Bob Morrow Ford Sales, Inc. be accepted. Upon vote, the voting xaa as follows:
Aye: Aldermen: Weis, Haley, Horton, Leggett, Matthexa, Rodgers, and §uith.
No: None.
Attorney C. B. Nance, Jr. presented petition for vacating alley extending through a portion
of Block 165, Kendal Subdivision, and requested hearing be set in the matter. Motion wen made by
Alderman Weis, seconded by Alderman Horton: That date of hearing for vacating alley be set for
April 4, 1966, and the City Clerk be,authorized•to have Notice of Hearing published. Upon vote,
the voting was as folloxa:
Aye: Alderman: Weia, Haley, Horton, Leggett, Matthexa, Rodgers, snd Smith.
No: None.
An ordinance entitled "An Ordinance To Rezone Certain Zoned Property From M-1 And M-2 To
M-3 Declaring An Dnergency And For Other Purposes" read the first time on February 15th xaa. read
the second time by City Attorney Dillahnnty. Motion xaa made by Alderman Wain, seconded by
Alderman Rodgers that the rule requiring the reading of as 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 noted:
Aye: Aldermen: Weia, Haley, Horton, Leggett, Matthews, Rodgers, and Smith.
Nos None.
Thereupon the Mayor declared that at least two-thirds of all members oY the Counil having
voted in favor oY the motion to suspend the rule, the motion xae carried and the role suspended.
The ordinance xae then read by City Attorney.
Alderman Horton, seconded by Alderman Matthexa then moved tksat the rule requiring the reading
of an ordinance in full on three different days be further auepended 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: Weis, Haley, Horton, Leggett, Matthexa, Rodgers, and Smith.
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 xaa carried and the rule suspended.
The ordinance xaa then read by Alderman Haley.
Aldermen Smith, seconded by Alderman Leggett, moved that the ordinance be adopted. The queatioa
was put by the Mayor on the adoption of the motion and the roll being called, the following voted:
Aye: Aldermen: Weia, Haley, Horton, Leggett, Matthews, Rodgers, and Smith..
Nos Nose.
Alderman Rodgeza, seconded by Alderman Weis, moved that Section 3, the emergency clause be
adopted, and on roll call the following voted:
Aye: bldermen: Weia, Haley, Horton, Leggett, Matthexa, Rodgers, and Smith.
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. 555.
The ordinance read as follows:
~~
ORDINANCE NO, '~ 5 5
AN ORDINANCE TO REZONE CERTAIN ZONED PROPERTY FROM
M-1 AND M=2 TO M-3 DECLARING AN EMERGENCY AND FOR
OTHER PURPOSES,
WHEREAS, a petition has been filed with the Planning
Commission of the City of West Memphis, Arkansas, by William
L. Johnson Co., Inc., as provided by Ordinance No. 411 of the
City of West Memphis, Arkansas; and
WHEREAS, notice was duly published on the 23rd day of
January, 1966, that a hearing would be held by the Planning Comm-
ission on the 7th day of February, 1968 at the City Hall for the
purpose of taking action upon said petition and calling upon all
interested parties to appear at such hearing to make known their
objections, if any, in connection with said application for rezoning
of properties hereinafter described; and
WHEREAS, at said meeting and by the petition previously
made to the Planning Commission, it was requested that the follow-
ing properties, to-wit:
Those portions of Sections 17 and 18, and that
portion of the West Half (W'~) of the Southwest
Quarter (SW~) of Section 16, All in Township 6 N,
Range 9 E, lying between the St. Francis Levee
Right-of-way and the Mississippi River, Crittenden
County, Arkansas.
be rezoned from present zoning M-1 and M-2 to Zone M-3 and,
WHEREAS, no persons appeared to offer a protest against
the rezoning of said properties as requested; and,
WHEREAS, The Planning Commission recommended to the City
Council that said rezoning be granted.
NOW THEREFORE, 13E IT ORDAINED BY THE CITY COUNCIL OF
WEST MEMPHIS, ARKANSAS:
SECTION I. That the following property, to-wit:
Those portions of Sections 17 and 18, and that
portion of the west Half (W'~) of the Southwest
Quarter (SW~) Of Section 16, All in T®-anship 6 N,
Range 9 E., lying between the St. Francis Levee
right-of-way and the Mississippi River, Crittenden
County, Arkansas
now zoned M-1 and M-2 be and the same is hereby rezoned as M-a.
SECTION II. All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION III. Emergency Claude: It is found by the
Council that the present zoning of the above described land is
not appropriate for proper and orderly development of the City
of West Memphis and, in order to maintain an orderly system of
0oning of districts within the City of West Memphis in keeping
with a proper city plan for the orderly development of the City,
it is necessary that rezoning of the above described property be
immediately accomplished and, therefore, an emergency is found
to exist and this ordinance shall be in full force and effect
from and after its passage, approval and publication as required
by law.
SECTION IV. COPY OF ORDINANCE FILED FOR RECORD:
A copy of this 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.
Mayor Eden informed the Council Mra. Melvin Dacus has resigned as a Trustee of the Library
Board, and recommended the appointment of Mra. R. .S. Cosgrove to fill the. unexpired term of
Mra. Dacus. Motion was made by Alderman Smith, seconded by Alderman Leggett: That the appointment
of Mra. R. S. Cosgrove ae a Library Board Trustee be affirmed. Upon vote, the voting was as follows:
Aye: Aldermen: Weis, Haley, Horton, Leggett, Matthews, Rodgers, and Smith.
No: None.
Alderman Rodgers, Chairman of the stage committee for Eugene Woods Civic Center presented
recommendation of the Committee that part of the south wall of the existing building be removed,
and construct 30 x 50 stage addition using present facilities for dressing rooms, estimated coat
of addition $35,000.00. The matter wan discussed and with additional items needed, Mayor Eden
stated would. coat approximately $50,000.00. The question of parking facilities was discussed, and
the Mayor stated financing construction of parking lot would be no problem due to funds due from
Federal Aviation Agency that were allocated for purchase of 1~.6 acres of additional land for the
airport and when received will be transferred to the 1964 Construction Fund. Alderman Smith
proposed a grant be obtained from the Utility Commission for the financing of the stage. Mayor Eden
explained in detail negotiations of the City and Utility Commission with the Federal (}overnment as
to the sewage treatment plant and water expansion program and directives by tk~e Government that the
grant not be disbursed until the primary and secondary conditions are met by the City xhich will
require 4~T00,000.00 not anticipated. Also, funds will be needed for providing utilities for areas
to be annexed to the City. Financial condition of the City in four or five years when the swimming
pool bond issue and street improvement bond issues are paid, thereby having funds available for
construction of an auditorium wan diacuased.
Alderman Leggett requested information as to actions of the Planning Commission on rezoning
matters be available prior to the Council Meeting for study by the Aldermen. Mayor Eden stated
the Planning Commission will be requested to change their meeting date from the lot Wednesday of
each month until the last Thursday of each month, also when request for rezoning is filed with the
Planning Commission copy of report sent to the Engineering Department is to be mailed to the
Aldermen. The Council was informed the Planning Commission has requested three plate be submitted
as designated in Ordnance No. 1112, Subdivision Regulations.
Construction of larger poet office facilities was diacuased, and recommendation made by the
City Attorney that personal letters to the Congressmen and postal authorities would be more
effective than Resolutions as previously submitted.
Mayor Eden related to the Council the difficulties incurred by the City as to jurisdiction
of areas along Broadway between the roadway and buildings as th®~property owners claim ownership,
but expect the City to maintafn the arena, and for the City to settle the questions would require
filing of approximately 360 law-suite. However, the area on the South aide of Broadway from the
east city limits to Willowdale being approximately 13]}1 feet is owned b~ the Beck Estate, and the
Trustee, First National Bank, will not sell the area to the adjoining property oxnera,: but x111
deed to the City the 39.13 feet wide strip on the condition the City install the damage pipe that
is to be purchased by the property owners and use the soil-bank as fill. After discussion, motion
was made by Alderman Weia, seconded by Alderman Leggetfi: that the Mayor be authorized to notify
the First National Bank the City x111 install the pipe and use the spoil-bank as fill. Upon vote,
the voting wan as follows:
Aye: Aldermen: Weis, Haley, Horton, Leggett, Matthews, Rodgers, and Smith.
No: None.
5=
Alderman Smith brought to the Councils attention Federal Pro~ecta in other cities, and
a report of progress on City Pro~ecta was made by the Mayor and City Attorney Dillahunty.
Mayor Eden informed the Council he had requested participation of the City Beautiful
Commission in a project to pick-out litter areas, and contact the residents to clean the
premisaes. If the Commission is unsuccessful then the matter is to be directed to proper
authorities.
Request was made by the Mayor to advertise for bide for two pick-up trucks for the Street
Department. Motion was made by Alderman Ti161a, seconded by Alderman Haley: That Notice for bids
on April h, 1968, for two pick-up trucks be published. IIpon vote, the voting was as follows:
Aye: Aldermen: Weis, Haley, Horton, Leggett, Matthewa,~Rodgers, and Smith.
No: None.
Due to many complaints received as to traffic conditions at Missouri and Dover Roads,
Alderman Leggett requested the Arkansas Highway Department be contacted for a traffic survey.
Mayor Eden reported the City is producing a part for traffic control signal equipment at
Misaduri and Graham Streets.
No further business being presented, the meeting was adjourned.
1 7
l ~ ~ ~~rt-1 17A iV~
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ATTEST • ~
APPROVED: ~~ 21, 1968