September 19, 1968MINUTES OF MEETING} OF THE COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HAD AND HELD
ON SEPTEMBER 19 1968.
The City Council of the City of Weat Memphis, Arkansas, met in regular session at its
regular meeting place in Weat Memphis, Arkansas, at 3:00 o'clock P.M. on the 19th day of
September, 1966. The Yolloxing xere present: Mayor Bob Eden, Presiding, and Aldermens
H. R. Dabba, 0. C. Haley, Pritchard Horton, Kirby Leggett, Paul Matthexa, ~. T. Rodgers,
R. L. Smith, and F. C. Weis; and City Attorney R. E. Wallin.
Absents None.
The folloxing proceedings xere had to-xit:
Minutes of Council Meeting on September 5, 1968, xere approved as read.
Mr. Donald S. Manes distributed copies of hie studies, investigations, and consultants
recommendations for the Urban Ranexal Program.,, Mr. Manes informed the Council the Workable
Program for Community Improvement ie ready for snbmiasion, and elaborated on the tolloxing
seven points of the Program:
Codes and Ordinances
Comprehensive Community Plan
Neighborhood Analysis
Administrative Organization
Financing
Housing for Displaced Families
Citizen Participation.
The tolloxing resolution xas introduced in xriting:
RESOLUTION N0. 339
RESOLUTION OF THE CITY COUNCIL APPRCn1ING SUBMISSION OF A WORKABLE PROGRAM FOR
CQ~IIKUNITY IMPROVEMENT FOR THE CITY OF WEST MEMPHIS, SEPTEMBER,. 1968
WHEREAS it is recognized that the Workable Program for Community Improvement x111 provide
s sound basis for planning and programming public facilities and services in accordance xith
community needs; and
WHEREAS it is recognised that the Workable Program for Community Improvement x111 provide
an environment that x111 foster the expansion and groxth of commerce and industry; and
WHEREAS it is recognized that the Workable Program for Cos~nusity Improvement x111 support
the effort to eliminate alums and blighted conditions and improve 1lving standards; and
WHEREAS it is determined that significant progress has been made under the Workable Program
for Community Improvement daring recent years; and
WHEREAS it is determined to be desirable and in the best interests of the City to extend its
Workable Program for Community Improvement for another years
NOGf, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS:
That the Report of Progreso under the Workable Program for Community Improvement reported
through Jnne 30, 1968, is in all respects approved and that the. Mayor shall submit copies in
the required number of said Reports to the Regional Administrator, Department of Housing and
Urban Development.
Attar discussion of the resolution, xorkable program, city codeamotion xaa made by Alderman Smith,
seconded by Alderman Leggett: That the Resolution as presented be adopted. Upon vote, the voting
xaa as tolloxa:
Yea: Aldermen: Dabba, Haley, Horton, Leggett, Matthexa, Rodgers, Smith, and Weis.
No: None.
Alderman Horton presented a Petition from approximately 300 parents of children in Maddox
School, and read the petition as folloxa:
To the Mayor de City Councils
We, the undersigned, xould like to request the Mayor and City Council to consider repairing
Eaat Barton Street at the location of Ten Mile Bayou to the extent that it will be completely
safe for children to x~Jc to and Prom school.
This request includes the sidexalk to be completed to Stoat Street, culverts put in from
the Assembly of f}od Church to the Bayou, the street xidened, and a safety fence of air kind to
keep the children from playing in the Bayou.
Your consideration x111 be greatly apprees3ated.
Mra. Dorothy Broxning, President of the Maddox School PTA, acting ae spokesman for five ladies
present, informed the Council due to construction of Ingram Blvd. 738 children are xalking east
on Barton to Stuart. The drainage at the churches on East Barton, enlarging culverts, xashing
embankment, xidening of street, asphalting, aidexal.ks, and children playing in the bayou xere
discussed. Mayor Eden informed those present of the prol~lema of financing needed improvements,
and stated every effort x111 be made to improve the situation after reciising coat estimate from
Engineer Charles Hampton.
Alderman Weia was executed from the meeting.
Mayor Eden informed the Council the Federal Aviation Administration has made certain
radio equipment known as "homing beacon" available to the Airport, however, it will be
necessary to reimburse the FAA for expense of inspection of said equipment in a sum not to
exceed ea estimated $571.56. After discussion of the recommendation of the Airport
Commission that the agreement be executed, the following resolution was presented for
considerations
RESOLU~~ON N0. 340
WHgREAS, the West Memphis Airport Commission and the City Council of the City of
bleat Memphis, Arkansas, recognises that it is necessary to maintain and op®rate certain
radio equipment at its airport installation, and
WHEREAS, the Federal Aviation Administration hae made certain radio equipment available
to the bleat Memphis Airport Commission, and said equipment is presently being operated on a
testing basis pending final approval and examination by officials of the Federal Aviation
Administration, and
WHEREAS, the Federal Aviation Administration is prepared to send certain officials and
inspectors to the bleat Memphisi Airport for the purpose of approving said radio equipment, and
WHEREAS, the Federal Aviation Administration has submitted to the West Memphis Airport
Commission and the 01ty of bleat Memphis, a reimbursable agreement which requires the City of
Weat.Memphis to reimburse the Federal Aviation Administration for expenses not to exceed an
estimated total of $571.56, in..payment of the expenses of sending the Federal Aviation
Administration inspectors to the City of bleat Memphis and the work which they moat perform
While inspecting said radio equipment, snd
WHEREAS, tha City Council of the City of bleat Memphis, after due deliberation and
consideration hae determined that the aforementioned expenditure is necessary in order to
secure the required Federal Aviation Administration inspection and approval for the operation
of the aforementioned radio equipment.
NOW, THEREFORE, BE IT RESOLVED HY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS,
that the Mayor of the City of bleat Memphis is hereby authorized and directed to execute the
necessary reimbursable agreement submitted to the City of bleat Memphis, Arkanaat, by the
Federal Aviation Administration, requiring thq City of bleat Memphis, Arkansas, to reimburse the
Federal Aviat on Administration in anamount not to exceed$571.56 for the inspection of the
West Memphis ~irport radio equipment.
Motion was made by Alderman Smith, seconded by Alderman Rodgers: That the resolution be
approved as presented. Upon vote, the voting was ae follows:
Yeas Aldermen: Dabba, Haley, Horton, Leggett, Matthews, Rodgers, and Smith.
No: Hone.
Attorney Ralph Sloan on behalf of Holiday Gardena, Inc. et al, requested an area of 366 acres
on both sides of N. 7th Street that was annexed by the County Court of Crittenden County, Arkansas
on September 9, 1968, be accepted by the City. After discussion, an ordinance entitled: "An
Ordinance Accepting Territory Annexed To The City Of West Memphis, Arkansas" was read in full by
City Attorney Wallin. Aldersan Leggett moved that the first reading of the ordinance be approved,
the motion was seconded by Alderman Haley. Upon vote, the voting was as Polloxas
Yes: Aldermen: Dabba, Haley, Horton, Leggett, Matthews, Rodgers, and Smith.
Nos None.
Alderman Haley, seconded by Alderman Smith, moved that the role 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:
Yeas Aldermen:'~Dibba, Haley, Horton,. Leggett, Matthews, Rodgers, and Smith.
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 tuapend the rule, the motion wsa carried and the rule suspended.
The ordinance was then read by the City Attorney.
Alderman Horton, seconded by Alderman Matthews 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:
Yea: Aldermen: Dabbs, Haley, Horton, Leggett, Matthews, Rodgers, and Smith.
Nos None.
350
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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 wan then read by the City Attorney.
Alderman Leggett, seconded by Alderman Dabba, moved that the ordinance be adopted. The
question was put by the Mayor on the adoption of the motion and the roll being calli;d, the
folloxing voted:
Yea: Aldermen: Dabba, Haley, Horton, Leggett, Matthews, Rodgers, and Smith.
No: None.
The Mayor thereupon declared the ordinsce 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 wan given No. 570. The ordinance read as follows:
Ordinance No. 570
AN ORDINANCE ACCEPTING TERRITORY ANNERED TO THE CITY OF WEST MEMPHIS, ARKANSAS
WHEREAS, Holiday Gardena, Inc., et al, have inetitutued proceedings in the County Court
of Crittenden County, Arkansas, for the annexation of certain territory to the City of bleat Memphis,
Arkansas;
yfiEREAS, auc~s territory is contiguona to the City of West Memphis and it is proper and right
that such territory should b® annexed to the City; and
WHEREAS, the County Court oY Crittenden County, Arkansas, has entered its order on August 9,
1968, approving the annexation of such territory as hereinafter described to this City and on
September 9, 1968, entered its order continuing such annexation and it is necessary that the City
accept such territory before the annexation sea be completed and th6 t§rritbry hereinafter described
become a part of the City of bleat Memphis
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS:
SECTION 1: That the territory hereinafter described be, and it is hereby, accepted as a part of
~e i~of bleat Memphis, Arkansan, to wit:
That part of Sections 5, 6 and 7 in Townahi 6 North, Range 9 East, described as follows:
Beginning at the northeast corner of,the NW~ NW~ of Section 8, Township 6 North, Range 9
East, said point being the point of intersection of the north line of said Section 8 and
the existing city limits line, run thence xest along the north line of said Section 8 to
the point of intersection with the north right of way line of Interstate Highways 1~0 and
55; thence northwesterly along the north right of way line of said Interstate Highways l;O
and 55 to a point on the xeat line oY Section 6, Township 6 North, Range 9 Eaat; thence
south along the west line of said Section 6 to the point of intersection with the existing
city limits; thence south on the existing city limits line along the went line of Sectbn 6
to the north line of the S~t S~ of Section 6; thence continue on the existing city limits
east along said north line to a point on the west right of way line of the Frisco Railroad;
thence southeasterly on the existing city limits line along acid west right of way line to
a point on the center line of Ten Mile Bayou; thence in an easterly direction on the existing
oity limits line along the center line of Ten Mile Bayou to a point 1193.2 feet east of the
west line ot'the E~ of Section 7; thence continue north along the existing city limits on a
line that im 1193.2 feet east of the west line of the E~ of Section 7 to a point on the
north 11ne of said Section 7; thence continue east along the existing city limits line on
the north line of Sections 7 and 8 to s point on the south right of way line of Interstate
Highways ltO and 55; thence continue along the existing city limits line southeaater~y
along said south right of way line to the east line of the Ni~ NW~ of Section 8; thence
north along the existing city limits on said east line to the point of beginning, containing
366 acres, more or less.
SECTION II: That the part of the territory herein described lying east of the Frisco Railroad be,
~a fi®reby attach®d to and incorporated in Ward 1; of the City of bleat Memphis and shall forth-
with be considered and become apart thereof, and that the part of the territory herein described
lying weat•of the Firaco Railroad be, and it is hereby, attached to and incorporated in Ward 3 of
the City of bleat Memphis and shall Forthwith be considered sad become apart thereof.
SECTION III: This Ordinance shall take effect and be in force from and after its passage and
pu~ca ion as required by law.
City Attorney Wallin read the folloxing letter from the Arkansas Planning Commission:
September lt, 1968
The Honorable R. E. "Bob" Eden
Mayor of the City of Went Memphis
City Hall
bleat Memphis, Arkansan
Dear Mayor Eden:
SUBJECT: Contract No. ARK P-82-2
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Enclosed Ise four copies of the contract between the City of Weat Memphis and the
Arkansas Planning Commission for the purpose of preparing a comprehensive plan for the
City of Weat Memphis in accordance with the scope of the work outlined in Project No.
ARK P-82. If the contract is found satisfactory, please sign all four copies in the
place provided and have the contract attested by the City Glerk. The four signed copies
are to be returned to our office for the signature of the Executive Director. A fully
executed copy will be returned to your office for your file.
Prior to the signature of the Executive Director, it will be necessary that the City
pass a resolution authorizing .you and the City Clerk to enter into a contract with the
Arkansas Planning Co:mnieaion. The resolution should also contain a statement that the City
approves the selection of the Arkansas Planning Commission of the firm of Oasaner, Nathan,
and Browne, Inc., with Mr. Thomas (i. Seabrook as the Planner in charge to perform the work.
A copy of a suggested resolution is enclosed.
The City's share of this phase of the project is $8,403, and the total coat of the
project is $25,509. The project has been reduced in the amount of $1,575 from what previously
had been requested. This reduction was made by the Regional Office of HUD, by the elimination
of a beautification study.
Before the contract with the City of Weat Memphis can be signed by the A~aneae Planning
Commission, it x111 be necessary that the City make available to the Arkansas Planning Commission
a check in the amount of $8,403. The designation of the payee should be as folloxe: Arkansas
Planning Commission -- ARK P-82-(a).
Aa soon as the resolution has been passed by the City Council, a representative from this
office will meet with you and the consultant to discuss the terms of the contract. Pleaee advise
us of a suitable date for this meeting.
Sincerely,
WINSTON C. BEARD
Executive Director
Thereupon, the proposed resolution xaa presented as followss
RESOLUTION N0. 341
WHEREAS, the City of Weat Memphis, recognizes that it is necessary and in the public interest
to avail itself of assistance from the Arkansas Planning Commission for the undertaking of a
comprehensive planning program xith assistance under the Federal Urban Planning Program, and
WHEREAS, it is recognized that to obtain such assistance from the Arkansas Planning Commission,
the Commission will impose certain obligations and responsibilities upon the City of West Memphis
and will require among other things; (1) the execution of an agreement for necessary planning
services with the Arkansas Planning Commission; (2) the payment of a earn not to exceed $8403.00 to
aid in defraying a portion of the coat of the entire project in the amount of $25,509.00 for
providing necessary planning services; and (3) other local obligations and responsibilities in
connection with the undertaking and carrying out of the contemplated program; and
WHEREAS, it is recognized that the A#:nsaa Planning Commission has ael~eted a consultant to
perform the necessary planning services for the contemplated program.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS:
Section 1s The City Council of the City of Weat Memphis, Arkansas, hereby authorizes and
direcyor and City Clerk to enter into an agreement for planning services xith the
Arkansas Planning Commission.
Section 2: The City of Weat Memphis, wiIl, upon execution of an agreement for planning
services x the Arkansas Planning Commission, pay to the Arkansas Planning Commission the sum
of $8403.00 as payment of the City's share of the coat of providing the necessary planning services.
Section 3: The City of West Memphis approves the Arkansas Planning Commission's selection of
the f rm~o dSSNER, NATHAN, do BROWNE, INC. xith Thomas Q. Seabrook acting ae "Planner-in-Charge",
and as the consultant responsible for performing the planning services for the contemplated program.
After discussion motion was made by Alderman Smith, seconded by Alderman Leggett: That the
Resolution be adopted as presented. Upon vote, the voting was as follows:
Yea: Aldermen: Dabbe, Haley, Horton, Leggett, Matthews, Rodgers, and Smith.
No: None.
The Council xae informed a lease agreement is being negotiated with the Frisco Railroad
that would make certain railroad right of way property available for use of the Utility
Commission for s period of 99 years for one dollar whereby the Utility Commission fence could
be moved within 20 ft. of center of railroad track. After discussion, the following resolution
was presented:
RESOLUTION N0. 342
WHEREAS, the City of Weat Memphis, Arkansas, recognizes the need to insure its continued
proper and orderly growth, and
WHEREAS, the Frisco Railroad is agreeable to making certain railroad right of way property
available for various uses to the City of West Memphis, for a period of ninety-nine (99) years,
through lease agreement by and between the Frisco Railway Company and the City of Weat Memphis
for and in consideration of ONE DOLLAR, and,
WHEREAS, said property is located in an area north of Cooper Street, east of the Frisco
railroad tracks, and adjoining the newly acquired Weat Memphis Utility Commission property on
the Commisaion~s western property lines, and
WHEREAS, after due deliberation and consideration, the City Council of the City of Weat Memphis,
Arkansas, has determined that said property and use of same is desired by the City of Weat Memphis,
Arkansas;
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Weat Memphis, Arkansas, that
the Mayor and the City Clerk of the City of Weat Memphis are hereby authorized to execute the
necessary lease agreements between the City of West Memphis and the Firaco Railroad, for and in
consideration of the sum of ONE DOLLAR to be paid by the City of Weat Memphis to the Frisco Railroad,
in order to lease the aforementioned property to the City of Weat Memphis for a period of ninety-nine
(99) years.
Motion was made by Alderman Haley, seconded by Alderman Matthews: That the resolution as presented
be adopted. Upon vote, the voting was as follows:
Yea: Aldermen: Dabbs, Haley, Horton, Leggett, Matthews, Rodgers, and Smith.
No: None.
Mayor Eden brought to the Council~a attention the necessity of extending the sewage system to
the eastern area annexed on September 5th, and requested authorization to notify Albert Switzer &
Associates to prepare preliminary plena for the extension, request a loan from HUD for preliminary
plans, and a grant from Stream Pollution and HUD for newer construction. After discussion, motion
was made by Alderman Horton, seconded by Alderman Leggett: That the Mayor be authorized to employ
Albert Switzer & Associates to prepare preliminary plane for extension of sewer lines south of
Highway 70 in the annexed area, request a loan from HUD for said plans, and a grant from Stream
Pollution and HUD for construction. Upon vote, the voting was as follows:
Yea: Aldermen: Dabbs, Haley, Horton, Leggett, Matthews, Rodgers, and Smith.
Nos None.
Mayor Eden requested he be instructed not to issue purchase order Por pickup truck due to the
confusion sa outlined in his letter to the Aldermen. Motion was made by Alderman Horton, seconded
by Alderman Dabbs: That the Mayor be instructed to hold issuing of purchase order. and readertiae
for truck bids. .Upon vote, the voting was se follows:
Yea: Aldermen: Dabbs, Haley, Horton, Leggett, Matthews, Rodgers, and Smith.
No: None.
Alderman Smith stated he had received letter from Memphis City Attorney Oianotti, and copy
of the proposed Memphis Wheel Tax ordinance. Excerpts from the proposed ordinance were read, and
Alderman Smith requested the City Attorney be instructed to draft an ordinance for consideration
of the Council to protect the citizens of West Memphis xho are employed in Memphis or maintain
offices there. Gity Attorney Wallin read Section 76-2302 of the Arkansas Statutes, the 1967 Act
enabiitsg counties or cities to license vehicles, and advised the Council the City's authority
would be provided b} that Act which would not apply to the problem.
No further business being presented, the meeting was adjourned.
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APPROVED: OCTOBER 3, 1968