September 5, 1968~i44
MINUTES OF MEETING OF THE COUNCIL OF T1H; CITY OF WEST MEMPHIS, ARKANSAS, HAD AND HELD
ON SEPTEMBER 5, 1968.
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The City Council of the City of ldest Memphis, Arkansas, met in regular session at its
regular meeting place in West Memphis, Arkansas, at 3:00 o'clock P.M. on the 5th day of
September, 1968. The following Caere present: Mayor Bob Eden, presiding and Aldermen:
F. C. Weis, H. R. Dabbs, 0. C. Haley, Pritchard Horton, Paul Matthews, C. T. Rodgers, and
R. L. Smith; and City Attorney R. E. Wallin.
Absent: Alderman Kirby Leggett.
It being determined a quorum was present, the following proceedings were had to-wit:
Minutes of Council Meeting on August 15, I~68, were approved as read.
Mayor Eden announced bids for Ingram Blvd. Street Improvements as per Notice published
in the Evening Times on August 20th and 27th would be received and opened. Bids received
as follows:
W. K. Ingram Construction Co. Total Amotult $35,766.10
S. J. Cohen Co. Total Amount $13,926.20
The Engineer's estimate on the project was $33, 137.00 as outlined by Mr. Sam Cross, Engineer
for the Improvements. After discussion of the bids and traffic congestion at Broadway and
Ingram motion was made by Alderman Weis, seconded by Alderman Smith: That the bid for Ingram
Blvd. Street Improvements be awarded to the low bidder, W. K. Ingram Construction Co. Upon vote,
the voting was as follows:
Yes: Aldermen: ldeis, Dabbs, Haley, Horton, Matthews, Rodgers, and Smith.
No: None.
The next order of business was opening of bids for one pickup truck as advertised in
the Evening Times on August 1l~, 1968. The following bids were received:
Chalmers Buick Co. $2172.53
Jim Ellis Oldsmobile, Inc. $2396.1:6
After discussion, motion was made by Alderman Matthews, seconded by Alderman Horton: That the
low bid of Chalmers Buick be accggted and the GMC truck be purchased. Upon vote, the voting
was as follows:
Yes: Aldermen: ~deis, Dabbs, Haley, Horton, Patthews, Rodgers, and Smith.
No: None.
Mr. Boyd Sims of 505 Denton appeared before the Council to request extnesion of permit for
trailer for his aged in-laws. After discussion o£ the hardship involved and no complaints having
been made to the City, motion was made by Alderman Rodgers, seconded by Alderman Haley: That the
trailer permit be extended for an additional six months. Upon vote, the voting was as;.~ lbws:
Yes: Aldermen: Weis, Dabbs, Haley, Horton, Matthews, Rodgers, and Smith.
No : Clone .
Attorney David Furrow on behalf of Bonds Welding Supply Company requested the rezoning of
Block 35, Kendal Addition to M-2, General Industrial Area. Mr. Bill Moore of the Company informed
the Council their company owned all of the property in the Block, and requested the change in
order to attract other light industries to the area in order to sell oxygen by pips line from their
company. A hearing on ttt~~he matter had been held by the Planning Commission on June 26th, and the
j Commission recommended the rezoning. After discussion, Alderman Smith introduced an ordinance
entitled: An Ordinance To Rezone Certain Zoned Property In The Kendal Addition To The City Of
~I ?Test Memphis, Arkansas, From C-5, Commercial To M-2, General.Industrial, Declaring An Emergency,
! And For Other Purposes, and City Attorney R. E. Wallin read the ordinance in full.
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j Alderman Hale, seconded by Alderman Dabbs, 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 moticn and the roll being
called, the following voted:
Yes: Aldermen: Weis, Dabbs, Haley, Horton, Matthews, Rodgers, and Smith.
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No: None.
I~ 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.
Ali The ordinance was then read by the City Attorney.
I'I 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
it roll being called the following voted:
Yes: Aldermen: G1eis, Dabbs, Haley, Horton, Matthews, Rodgers, and Smith.
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~~ I~Io: None.
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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 the City Attorney.
Alderman Rodgers, seconded by Alderman Ydeis, 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:
Yes: Aldermen: Weis, Dabbs, Haley, Horton, Matthews, Rodgers, and Smith.
No: None.
Alderman Smith, seconded by Alderman Haley, moved that Section 3, the emergency clause be
adopted, and on roll call the following voted:
Yes: Aldermen: Weis, Dabbs, Haley, Horton, Matthews, Rodgers, and Smith.
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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. 568.
The ordinance read as follows:
ORDINANCE N0. 568
AN ORDINANCE TO REZONE CERTAIN ZOATED PROPERTY IN THE DENDAL ADDITION TO THE CITY OF WEST MEMPHIS,
ARKANSAS, FRCPZ C-5, CIX~A'iERCIAL TO Pi-2, GENEPAL INDUSTRIAL, DECLARING AN EMERGENCY, AND FOR OTHER
PURPOSES.
GJHEREAS, a petition has been filed with the Planning Commission of ~dest Memphis, Arkansas,
as provided by Ordinance No. 411 of the City of West Memphis, Arkansas; and
WHEREAS, notice was duly published that hearing would be held by the. Planning Commission on
the 26th day of June, 1968, at five o'clock (5:00 P.M.} in the afternoon, calling upon interested
persons to appear at such hearing and make known their objections, if any, in connection with
said Petition for rezoning of the property hereinafter described; and
GJHEREAS, it was requested that the following property located in Crittenden County, Arkansas,
to-wit:
Block Thirty-five (35) of the Kendal Addition
to the City of West h:emphis, Arkansas
be rezoned from C-5, Commercial to M-2, General Industrial; and
T.aI~REAS, no persons appeared to offer a protest against the rezoning of said property as
requested and
WHEREAS, the Planning Commission recommended to the City Council that said rezoning be
granted,
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF WEST MEMPHIS, ARKANSAS:
SECTION I. That the following property located in Crittenden County, Arkansas, to-wit:
Block Thirty-Five (35) of the Kendal Addition
to the City of vilest Memphis, Arkansas
now zoned as C-5, Commercial, be and the same is hereby rezoned as M-2, General Industrial.
SECTION II. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed.
SECTION III. Emergency Clause: It is found and declared by the City Council of the City of
West Memphis, Crittenden County, Arkansas, that this Ordinance is necessary for the growth and
expansion of the City of West Memphis and the property in question is in the process of development
and such rezoning is necessary for such development. Therefore, 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.
SECTION IV. 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 Clerk and Ex-Officio Recorder within and
for Crittenden County, Arkansas.
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Report was made by Playor Eden as to fire damage to the south hanger at the P4unicipal Airport,
and presented proposal of Frank A. Rogers & Co. for repairs including materials and labor in the
amount of $20,276.00. The Council was informed a representative of General Adjustment Bureau had
approved the proposal, and Engineers from Butler Mfg. Co. will inspect the work. After discussion
o£ the work, inspections by the City Building Inspector, and urgency of the matter, motion was made
by Alderman Weis, seconded by Alderman Matthews: That the Council waive Bid Notice requirement,
and the bid be awarded to Frank A. Rogers & Co ., Znc. as per proposal in amount of $20,276.00.
Upon vote, the voting was as follows:
Yes: Aldermen: ldeis, P.abbs, Haley, Horton, Matthews, Rodgers, and Smith.
No: None.
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The annual Tax Resolution for five mills for general purposes, five mills for debt
service and one mill for City Library was presented as follows:
RESOLUTION N0. 338
BE TT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS:
That a tax o£ five (5) mills upon the dollar for general purposes, five (5) mills upon the
dollar for debt service, and one (1) mill upon the dollar for public city library upon the
assessed value of all real and personal property within the limits of the City of `~~iest Memphis,
Arkansas, be and the same is hereby levied, At'id the City Clerk is hereby directed to deliver a
certified copy of this Resolution to the Clerk of the County Court of Crittenden County for the
tax books for the year 19b8.
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P4otion was made by Alderman Haley, seconded by Alderman Horton: That the Resolution be
adopted as presented. Upon vote, the voting was as follows:
Yes: Aldermen: Weis, Dabbs, Haley, Horton, Matthews, Rodgers, and 5r,ith.
No: None.
Alderman Horton requested information as to status of street repairs by O'Neal Paving
Co :, the moving of culverts from church property on Ingram Blvd., and drainage problem in
the area of Cy Perkins, Crittenden Implement Co., and the Lester Smith Residence. Mayor Eden
stated the O'Neal Company has not commenced work at the Airport, the culverts will be removed
from the church property, and Engineer Charles Hamption will be instructed to in~esti~ate the
matter.
Alderman Rodgers brought to the Council's attention complaint as to damaged sewer cover
at 2nd and Jackson. Alderman Weis moved further study be given the proposed Privilege License
schedule, and an Executive Session be schedule for 1 P.M. Thursday, September 19th. The motion
was seconded by Alderman Smith. Upon vote, the voting was as follows:
Yes: Aldermen: Weis, Dabbs, Haley, Horton, Matthews, Rodgers, and Smith.
No: None.
Alderman Smith reported a letter had been received from Memphis City Attorney
Frank B. Gianotti Frith reference to the ordinance adopted for traffic safety in Memphis,
and requested action be taken by the Council. City Attorney Wallin informed the Council
he had received information an ordinance pertaining to the wheel tax matter is being forwarded
to him from Mr. Gianotti. Alderman Haley suggested action on the matter be continued until
Mr. iJallin received the additional information.
Attorney Steve Crain on behalf of Dacus Lumber Company, et al, presented order of annexation
from the County Court of Crittenden County for property south of U. S. Highway 70, bo~.uided on the
west by the present city limits, and on the south and east by the levee. P4ayor Eden informed the
Council no commitments had been made to the property owners as to date improvements are to be made
in the area by the City. After discussion, an ordinance entitled: "Ordinance Accepting Territory
Annexed To The City Of West Plemphis And Incorporating Such Territory Into T~Jard Four, City of West
Memphis, Crittenden County, Arkansas" was introduced by Alderman Weis, and the City Attorney read
the ordinance in full.
Alderman Rodgers, 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:
Yes: Aldermen: Weis, Dabbs, Haley, Matthews, Rodgers, and Smith.
No: rdone.
Alderman Horton abstained from voting.
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 bdallin.
Alderman Matthews, seconded by Alderman Dabbs 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:
Yes: Aldermen: Weis, Dabbs, Haley, Matthews, Rodgers, and Smith.
No: None.
Alderman Horton abstained from voting.
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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 the City Attorney.
Alderman Haley, seconded by Alderman Smith, 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:
Yes: Aldermen: i~Teis, Dabbs, Haley, Smith, N4atthews, Rodgers;
No: None. ~•
Alderman Horton abstained from voting.
Alderman ~Jeis, seconded by Alderman Rodgers, moved that Section 3, the emergency clause,
be adopted, and on roll call the following voted:
Yes: Aldermen: ~ieis, Dabbs, Haley, Smith, Patthews, and Rodgers.
DIo : P1one .
Alderman Horton abstained from voting.
The Niay-or thereupon declared the ordinance and the emergency clause adopted and signed
the crdinance, whibh was attested by the City Clerk and impressed with the seal of the City.
The ordinance was given No. 569. The ordinance read as follows:
ORDINANCE N0. >69
ORDINANCE ACCEPTING TERRITORY ANNEXED TO THE CITY OF i^TEST MEMPHIS AND INCORPORATING SUCH
TERRITORY INTO ?^JARD FOUR, CITY OF `rdEST N':EMPHIS, CRITTENDEN COUNTY, ARF,ANSAS:
Z•THEREAS, Dacus Lumber Company, et al, has instituted proceedings in the County Court
of Crittenden County, Arkansas, for the annexaction of certain territory to the City of
ti~,iest Memphis, and,
a.'HEREAS, such territory is contiguous to the City of West Memphis and it is proper and
right that such territory should be annexed, and,
t~iIEREAS, the County Court of Crittenden County, Arkansas, has entered its order approving
the annexation of such territor~r as hereinafter described to the City, and it is necessary that
the City accept such territory so that it may become a part of the City of ti•Test Memphis, and
the same should be attached to a ward of the City.
NO~d, THEREFORE, BE IT ORDAINED, by the City Council of the City of ti^lest Memphis, Arkansas:
Section One. That the territory hereinafter described be, and it is hereby accented as a
part; of the City of ~dest Memphis, Arkansas, to-wit:
A tract or parcel o£ land in the North Half (N2) of Section Fifteen (15), and the
North Half (NIz) of Section Sixteen (16), Township Six (6) Plcrth, Range Nine (9)
East, more particularly described as follows:
Aeginning at a point where the City limit line of the City of udest Memphis intersects
the south right-of-way line of U. S. Highway Nv. 70, thence eastwardl~* along said
high*.aay right-of-way line to the right-of-way of the St. Francis Levee, thence
southwesterly along the right-cf-way line of the St. Francis Levee and the Rock Island
Railroad to a point vahere the City limit line intersects such right-of-way, thence
northwax•dly to the point of beginning.
Section Two. That the territory herein described be, and it is hereby attached to and
incorporated in Ward 1t of the City of '.lest Memphis, Arkansas, and shall be forthwith considered
as and become a part thereof.
Section Three. It is hereby declared by the City Council of the City of West Memphis that
this Ordinance being necessary for the preservaticn of the public peace, health and welfare,
an emergency is hereby found and 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.
No further business being presented, the meeting was adjourned.
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AT ~S l .~'~?
CIT RY
APPROVED: SEPTF~IBEft 19, 1966
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