October 17, 1968MINUTES OF MEETING OF THE COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HAD AND
uFi.n ON o TO~FR i 7 _ i a69~
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The City Council of the City of West Memphia, Arkansas, met in regular session at its
" regular meeting place in West Memphis, Arkansas, at 3:00 o'clock P.M, on the 17th day of
f October, 1968. The following were present: Mayor Bob Eden, presiding, and Aldermen:
Pritchard Horton, Kirby Leggett, Paul Matthews, C. T. Rodgers, R. L. Smith, F. C. Weis,
'' H. R. Dabba, and 0. C. Haley; and City Attorney R. E. Wallin.
Absent: None.
Minutes of Council Meeting on October 3, 1968, were approved as read.
After receiving recommendations of the Privilege License Committee and conferring with
the Mayor and Council, an ordinance xas prepared and read by City Attorney Wallin. After
discussion, motion was made by Alderman Rodgers, seconded by Alderman Leggetts That the
first reading of the ordinance entitled:" "An Ordinance To Levy An Annual Occupation Tax
Upon All Persons, Firma, Partnerships, Associations And Corporations Engaged In Carrying On
Or Folloxing Certain Trades, Businesses, Professions, Vocations And/Or Callings Within The
Corporate Limits Of The City Of Weat Memphis And To Provide The Time For Payment Of Such
Occupational And/Or Privilege Taxes And To Provide Penalties For Nonpayment Thereof" be !'
approved. Upon vote, the voting was as folloxas
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i, Yeas Aldermen: Horton, Leggett, Matthews, Rodgers, Smith, Weis, Dabba, and Haley.
~_ No s None . ~~
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I,' Alderman Smith introdQned Mr. Clyde McQuirter of 337 N. Worthington and Mr. W. S. Quin
of 338 N. Worthington, xho requested extensive repairs be made on North Worthington Drive and
~, North Center xas also in need of repair. Mayor Eden remarked there are approximately 140 miles
~ of atreeta in West Memphis, and repairs are made on a priority basis. The xork on North '
Worthington xill be commenced sa soon as oaeible as work is nox bei
P ng completed on the shoulders ~
!' of the streets in Improvement District No. 5. ;,
Attorney Everard Weiaburd on behalf of Mre. Emma B. Denson presented the following petitions
PETITION TO VACATE PORTIONS OF STREETS
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Comes petitioner, Emma B. Denson, and for cause for this petition states:
1. That she is the owner of Lots 56, 57, 58, 59, 80, 61, 62, 63, 64, 65, 66, 67, 72, 73,
74, 75, 76, 77, 83 and the south 100 feet of Lots 78, 79, 80, 81, and 82 of Hulbert Heights
Subdivision to the City of Weat Memphia, Arkansas, according to plat prepared by C. (3. Richardson,
C. E., said plat being of record in Plat Book No. "1" at Page 40 in the office of the Circuit
Clerk and Ex-Officio Recorder of Crittenden County, Arkansas; that Lota 72, 73, 74, 75, 76, 77,
and 83 and the south 100 feet of Lota 78, 79, 80, 81, and 82 abet=:on that portion of an area
designated as 7th Street on said plat, same being bounded on the east by the west boundary line
of Cox Avenue and bounded on the west by the east boundary line of Mudge Avenue; that sold Lots
56, 57, 58, 59, 60, 61, 6a, 63, 64, 65, 66, and 67 abut on an area designated as 6th Street on
said plat, said area being bounded on the east by the zest boundary line of Cox Avenue and bounded
on the west by the seat boundary line of Mudge Avenue; that Mudge Avenue is now designated as
South Avalon Street on the official city map of the City of Weat Memphia, Cox Avenue, now known as
Cox Street, does not extend to 6th Street and 7th Street on the official city map and neither 6th
nor 7th Streets are shown on said map but 6th Street is designated as Madison Avenue, 7th Street as
Eisenhower Street and Cox Avenue sa Cox Street on previous official city maps.
2. That the City of Weat Memphis, Arkansas, is a city of the First Class, and, in order to
beter provide for the public welfare, safety, comfort, and convenience of the inhabitants of the
City of Weat Memphis the said portions of 6th Street and 7th Street, although having been dedicated
as public streets of the City of West Memphis, Arkansas, have never been open or used as streets
nor have they ever been graded, paved, surfaced, or improved in any manner for uae sa streets;
that said portions of 6th Street and 7th Street are not required for corporate purposes and there
is no necessity for said portions of 6th Street and 7th Street to now be used or in the future to be
used ae atreeta; that it would serve no useful purpose for said portions of said 6th Street and 7th
Street to be used as public atreeta but on the contrary xould be an unreasonable and burdensome
expense to the inhabitants of Weat Memphis, and, in order to open and maintain said areas as etreeti
would require the expenditure of funds which could otherwise be used for the betterment of the City
of Weat Memphia and the inhabitants thereof and the use of such funds for the improvement and main-
tenance of said portions of 6th Street and 7th Street would, therefore, be contrary and opposed to
the public welfare, comfort, safety, and convenience of the inhabitants of the City of Weat Memphis.
WHEREFORE, PREMISES CONSIDERED, petitioner prays that the portions of 6th Street and 7th Street
bounded on the seat by the zest line of Cox Avenue and bounded on the zest by the east boundary line
of Mudge Avenue be vacated.
FOR A SEPARATE AND DISTINCT GROUND OF RELIEF
3. Petitioner repeats and re-alleges the allegations contained in Paragraph 1 above and
states;
4• That said portions of 6th Street and 7th Street as above described have been dedicated
to the public use as atreeta by platting snch property and causing such plat to be filed for
record, said plat being of record in Plat Book No. "1" at Page 40 in the office of the Circuit
Clerk and Ex-Officio Recorder of Crittenden County, Arkansas, said portions of 6th Street and 7th
Street have not been actually used by the puHic as streets or alleys for a period of five (5) years
next past, and in fact, neither 6th Street nor 7th Street have ever been used by the public as a
street or alley or for any public purpose;
5. That petitioner owns all of the property abutting the portion of 6th Street and the
portion of 7th Street running as above described; that attached hereto and made a part hereof
is a photostatic copy of the plat filed in the office of the Circuit Clerk and Ex-Officio Recorder
of Crittenden County, Arkansas, which shows the portions of 6th Street and 7th Street requ~eted to
be vacated together with the lot number of each lot which abuts upon said street, no block numbers
being shown on said plat.
6. That from the standpoint of public interest and welfare said portion of 6th Street and
said portion of 7th Street should be vacated and abandoned.
WHEREFORE, PREMISES CONSIDERED, petitioner prays that said portion of 6th Street and said
portion of 7th Street bounded on the east by the west boundary line of Cox Avenue and bounded on
the west by the east boundary line of Mudge Avenue, be vacated and abandoned by the Gity of
West Memphis, Arkaaesa; 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.
Emma B. Denson, Petitioner
By: /S/ EVERARD WEISBURD
.. e~~orney
The Council was informed Mra. Denson is the owner of the abutting property thereupon the following
resolution was introdaned in writing:
RESOLUTION N0. 3L~,3
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS
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Whereas, a petition has been filed by Emma B. Denson before the City Council of the City
of Weat Memphis, Arkansas, praying that portiona.of.certain streets as shown by plat of Hulbert
Heights Subdivision to the City of Weat Memphis, Arkansas, prepared by C. E. Richardson and
being of record in Plat Book No. 1 "1" at Page !:0 in the office of the Circuit Clerk and Ex-
Officio Recorder of Crittenden Coussty, Arkansas, be vacated and abandoned, these streets being
designated as 6th Street and 7th Street and bounded on the east by the west boundary line of
Oox Avenue and bounded on the west by the east boundary line of Mudge Avenue, Mudge Avenue
being now designated as South Avalon Street on the official city map of the City of Weat Memphis,
Arkansas, neiiter 6th Street nor 7th Street being shown on said official city map but 6th Street
being designated as Madison Avenue and 7th Street as Eisenhower Street on previous official city
maps and Cox Avenue, nox known as Cox Street, not extending to 6th Street and 7th Street on the
official city map.
Whereas, said petition recites that petitioner ie the owner of all the lots abutting on
both 6th Street and 7th Street, and,
Whereas, 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 West Memphis, Arkansas, that the 7th day
of November, 1968, be fixed as the date of the hearing on said petition filed herein requesting
that the Citp of West Memphis, Arkansas, vacate and abandon that portion of 6th Street and that
portion of 7th Street bounded on the east by the west boundary line of Cox Avenue and bounded on
the west by the east boundary line of Mudge Avenue according to the acid plat of Hulbert Heights
Subdivision, Midge Avenue being now known as South Avalon Street on the official city map of the
City of Weet Memphis, Arkansas, and Cox Avenue now known as Cox Street being shown as not extending
to 6th Street and 7th Street on the official city map of Weet Memphis, Arkansas, and,
BE IT FURTHER RESOLVED, that the City Clerk be and he hereby is directed to give notice of
such hearing by publishing ouch notice once a week for two consecutive weeks in some newspaper
published in Crittenden County, Arkansas, said notice to conform to law and to the provisions of
Ark. State. 19-3826.
Adopted and Approved this 17th day of October, 1968.
Motion was made by Alderman Smith, seconded by Alderman Leggett: That resolution setting Nov. 7th
for date of hearing on vacating streets as per petition be adopted. Upon vote, the voting was as
follows:
Yes: Aldermen: Horton, Leggett, Matthews, Rodgers, Smith, Weis, Dabbs, and Haley.
No: None.
Mr. Paul Lindsey of 119 W. Roosevelt requested permission to move a trailer to a vacant lot
at 227 W. Bond in a cotmnereisl zone. Mr. Lindsey stated the trailer was in hie backyard until he
purchases a suitable lot on a lake. The Council was informed Building Inspector Perrino had
found the trailer xhile investigating a complaint as to another camp trailer belonging to Mr. Lindsey
that is not in violation of the ordinance. Mayor Eden volunteered permission for the trailer to be
stored free of charge on his inclosed car lot. Thereupon, motion was made by Alderman Smith,
seconded by Alderman Weis: That Mr. Lindsey be granted 90 days storage for the trailer on the
Eden Pontiac Car Lot. Upon vote, the voting was as follows:
Yea: Aldermen: Horton, Leggett, Matthews, Rodgers, Smith, Weis, Dabbs, and Haley.
No: None.
3.5?
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' Complaints as to dunk cars in residential areas were discussed, and City Attorney Wallin
elaborated on State Statutes pertaining to procedures for removing.
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Mayor Eden announced Notice had been published in the Evening Times on September 26th for I'
j bide for pick-up truck. The following bide were received: I,
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r, Chalmers Buick Co. $2189.92
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' Jim Ellie Oldsmobile, Inc. 2223.68 ~'
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Bob Morrow Ford Salsa, Inc. 2347.36
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After discussion of the bid specifications, motion was made by Alderman Rodgers: If the low ''
bid of Chalmers Buick meets specifications, the bid be awarded to Chalmers Buick. The motion li
~' was seconded by Alderman Smith. Upon vote, the noting was as follows:
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Yeas Aldermen: Horton, Leggett, Mathews, Rodgers, Smith, Weis, Dabba, and Haley. 'I
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No: None. i'
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~ Mayor Eden informed the Council the Southern Standard Housing Code 1965 Edition adopted
~' by Ordinance No. 525 has been revised the 1967 Edition and Cit Attorne Wallin had ~~
~; ~ s Y. Y prepared
an ordinance for consideration of the Council. The ordinance entitled: "An Ordinance
' Establishing Minimum Standards Governing The Uae, Occupancy And Maintenance Of Dwellings,
l Dwelling Units And Accessory Structures; Establishing Minimum Standards Governing Supplied '
Utilities And Facilities And Other Physical Things And Conditions Essential To Make Dwelling
Safe, Sanitary, And Fit For Human Habitation; Establishing Minimum Standards Governing The
Condition And Maintenance Of Dwellings And Accessory Structures; Fixing Certain Reaponaibilitiea ~!
And Duties Of Owners And Occupants Of Dwellings; Creating A Board Of Housing Code Appeals And
Fixing The Duties And Reaponsibilitiea Thereof; Authorizing The Inspection of Dwellings And ii
~' Accessory Structures And Providing For The Condemnation Of All Buildings And Structures Deemed
j Unfit For Human Habitation And Uae; And, Fixing Penalties For Violations," was tntc'odIICgd7-inky
dth~t~iigvb~.A~deemran Smith, and read in full by the City Attorney. 'i
Alderman Leggett, seconded by Alderman Dabba, moved that the rule requiring the reading oP
' an ordinance in full on three different days be anspended and that the ordinance be placed on its j~
~; second reading. The Mayor put the question on the adoption of the motion and the roll being called,
the following voted:
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Yeas Aldermen: Horton, Leggett, Matthews, Rodgers, Smith, Weis, Dabbs, and Haley. I
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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 Haley, 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 Mayer put the question on the adoption of the motion and the
roll being called the following voted:
Yea: Aldermen: Horton, Leggett, Matthews, Rodgers, Smith, Weis, Dabbs, and Haley.
Nos None.
The M~[yor 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 Horton, seconded by Alderman Rodgers, moved that the ordinance be adopted. The
question was put by the Mayor on the adoption of the l.motion and the roll being called, the
following voted:
Yea: Aldermen: Horton, Leggett, Matthews, Rodgers, Smith, Weis, Dabba, and Haley.
No• None.
Alderman Weis, seconded by Alderman Smith, moved that Section 5, the emergency clause be
adopted, and on roll call the following voted:
Yea: Aldermen: Horton, Leggett, Matthews, Rodgers, Smith, Weis, Dabbs, 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 waa given No. 572.
The ordinance read ae follawa:
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~~ ORDINANCE N0. $72
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'~', AN ORDINANCE ESTABLISHINd MINIMUM STANDARDS dOVERNINd THE USE, OCCUPANCY AND MAINTENANCE
OF DWELLINGS, IJWELLING IIBIITS AND ACCESSORY STRUCTURES; ESTABLISHING MINIMUM STANDARDS
GOVERNINd SUPPLIED UTILITIES AND FACILITIES AND OTHER PHfYSICAL THINGS AND CONDITIONS
ESSENTIAL TO MAKE DWELLINGS SAFE, SANITARY, AND FIT FOR HUMAN HABITATION; ESTABLISHING
', MINIMUM STANDARDS dOVERNINd THE CONDITION AND MAINTENANCE OF DWELLINGS AND ACCESSORY
STRUCTURES; FIXING CERTAIN RESPONSIBILITIES AND DUTIES OF OWNERS AND OCCUPANTS OF .
DWELLINGS; CREATING A BOARD OF HOUSINd CODE APPEALS AND FIXINd THE DUTIES AND RESPONSi-
BILITIES THEREOF; AUTHORIZING THE INSPECTION OF IIWELLINGS AND ACCESSORY STRUCTURES AND
PROVIDINd FOR THE CONDEMNATION OF ALL BUILDINGS AND STRUCTURES DEEMED UNFIT FOR HUMAN
HABITATION AND USE; AND, FIXINd PENALTIES FOR. VIOLATIONS..
WHEREAS, within the area of ~uriadiction of the City of Weat Memphis, Arkansas,
there are or may be dwellings, dwelling unite and accessory structures which are unfit
for human habitation and use due to inadequate maintenance, obsolescence or abandonment;
containing defects increasing the hazards of fire, accident, or other calamities, and
which by reason of the lack of esintenance, inadequate ventilation, light and sanitary
facilities or other conditions rendering such dwellings and accessory structures unsafe,
unsanitary and dangerous or detrimental to the health, safety, morals, and general welfare
of the community; and,
WHEREAS, experience and accepted national housing surveys have clearly demonstrated
that such conditions result in a large measure from improper maintenance, inadequate sanitary
facilities, overcrowded conditions in residential occupancies, buildings and premises and from
general neighborhood neglect; and,
WHEREAS, it has now become common knowledge that these conditions can be relieved, in a
measure prevented and often eliminated through planned and properly enforced minimum housing
standards, resulting thereby in the upgrading of living conditions and an overall enhancement
of the general health, safety and welfare of all residents and property owners of the
community; and,
WHEREAS, the Southern Building Gode Congress, a non-profit association, has developed and
made available a set of minimum housing standards which have been recognized as being acceptable
as a model housing code; and,
WHEREAS, Act No. 267 of the Acta of the deneral Assembly of Arkansas of 1919 provide that
such model codes may be adopted by reference.
NOW, THEREFORE, BE IT ENACTED BY THE CITY COUNCIL, THAT,
Section 1: The Southern Standard Haling Code, being particularly the 1967 edition thereof
and t e w o e thereof, save and except such portions as may hereinafter be amended, or which
not lase than three (3) copies have been and are now filed in the office of the City Clerk of
the City of Weat Memphis, Arkansas, and the same are hereby adopted and incorporated as fully
ea if set forth at length herein, and from the date on which this Ordinance shall take effect,
the provisions therein shall be controlling in the use, maintenance and occupancy of all
dwellings, dwe111ng unite and~ar structures within the area of ~uriadiction of the City of
West Memphis, Arkansas.
Section 2: Nothing in this Ordinance or in the code hereby adopted shall be construed
to of e~any suit or proceeding now pending in ac>,y court, or any rights acquired or liability
incurred, nor any cause or causes of action accrued or existing, under any act or ordinance
repealed hereby. Nor shall any right or remedy of any character be lost, impaired or affected
by this Ordinance.
Section 3: The invalidity of any section or provision of this Ordinance or of the code
hereby a opts shall not invalidate other sections or provisions thereof.
Section 1~: All ordinances, specifically Ordinance No. $2$, or parts of ordinances in
force~a ~Fie~ime that this Ordinance shall take effect and inconsistent herewith are hereby
repealed.
Section $: This Ordinance shall take effect immediately upon passage for the welfare
of the~G~y o~Weat Memphis, Arkansas.
Mayor Eden informed the Council the Federal Aviation Authority has recommended the
Airport's east runway be extended to $,000 feet at an approximate cost of $140,000.00. The
Mayor interjected the plan since the Airport serves all of the citizens of Crittenden County
the County should participate in the expense for extension of the runway as the airport has
been financed by the City, and the quorum court be requested to provide Matching Funds of
$70,000.00 for the project. After discussion, motion was made by Alderman Haley, seconded
by Alderman Matthewas That the City Attorney be directed to prepare a Resolution requesting
the Quorum Court of Crittenden County to provide $0$ l~i8t~hing Funds for the extension of the
runway. Upon vote, the voting was as follows:
Yea: Aldermen: Horton, Leggett, Matthews, Rodgers, Smith, Weis, Dabba, snd Haley.
No: None.
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Alderman Smith preaented complaint pertaining to the use of the alley between ii
Missouri and Avalon, south of Dover Road as a drag strip, lover's lane, and thoroughfare
~' endangering the lives ~ children playing in the area. The Council was informed the alley ;j
j' is used by city garbage trucks, however, signs are posted "Do Not Enter", After discussion, ,;
motion was made by Alderman Smith, seconded by Alderman Dabbs: That speed bumps be constructed,
and signs be erected prohibiting through traffic. Upon vote, the voting was as follows:
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'; Yea: Aldermen: Rorton, Leggett, Matthews, Rodgers, Smith, Weis, Dabbs, and Haley.
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~' No: None.
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Alderman Horton reiterated cotPgSlainta as to the twelve foot space at Maddux 5hcool where
'' there is no sidewalk, Mayor Eden stated he xould instruct Hollis Warren to put asphalt in the
area.
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Motion was made by Alderman Rodgers: That the City Attorney be instrneted to prepare
ordinance to amend the license for taxicabs to provide for $150.00 for the original permit and
~; $25.00 each cab. The motion was seconded by Alderman Leggett. Upon vote, the voting was ae '
follows:
Yes: Aldermen: Horton, Leggett, Matthews, Rodgers, Smith, Weis, Dabbs, and Haley.
No: None.
No further business being preaented, the meeting was adjourned.
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ATTFS~~f ~ ~„
APPROVED: NOVEMBER 7, 1968