December 19, 1968MINUTES OF THE MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS
HELD ON THE 19TH DAY OF DECEMBER, 1968. ~ ---_ __--
The City Council of the City of West Memphis, Arkansas, met in regular session at its
regular meeting place in West Memphis, Arkansas, at 3:00 o'clock P.M. on the 19th day of
December, 1968. The following were present: Mayor Bob Eden, presiding, and Aldermen:
F. C. Weis, H. R. Dabbs, 0. C. Haley, Pritchard Horton, Kirby Leggett, Paul Matthews,
C. T. Rodgers, and R. L. Smith; and City Attorney R. E. Wallin.
Absent: None.
The following proceedings were had to-wit:
Minutes of Council Meeting on December 5, 1968, were approved as read. Mayor Eden
informed the Council the contractors have completed the fire damage repairs at the airport,
and the Insurance Adjuster has agreed with all claims of the contractors, however, due to
depreciation there will be a balance of $1,889.40 that the insurance will not pay. After
discussion, motion was made by Alderman Matthews, seconded by Alderman Dabbs: That transfer
from Airport Depreciation Fund to General Fund $1,889.40 to settle claims fxP airport. Upon
vote, the voting was as follows:
Aye: Aldermen: Weis, Dabbs, Haley, Horton, Leggett, Matthews, Rodgers, and Smith.
No: None.
The Council was advised by Mayor Eden that the Federal Aviation Administraction had
prepared an amendment to Grant Agreement for construction of a partial parallel taxiway,
extend apron to approximately 200' x 766'; relocate segmented circle and lighted wind cone;
perform pavement marking incident to construction, and that a resolution had been prepared
for formal acceptance for Amendment No. 1 to Grant Agreement. The resolution was presented as
follows:
RESOLUTION N0. 352
WHEREAS, the City Council of the City of West Memphis, Arkansas, has been informed that
the Area Manager, Fort Ldorth Area Office of the Federal Aviation Administration, has determined
it to be in the best interest of the United States of America that the grant agreement between
the acting area manager, Fort Worth Area Office of Federal Aviation Administration, acting by
Cityoo£bWestfMemphis,UArkansas8ton~thed20th day off June, 1968hirelatingsto~thecWeatdP4emphis
Municipal Airport, Project No. 9-03-046-D802, should be amended, and
WHEREAS, said Amendment No. 1 to the aforementioned grant agreement is attached to this
Resolution and incorporated herein as though more fully set out in said attached Amendment No. 1
to grant agreement.
NO'r7, THEREFORE, BE IT RESOLVED BY TfU; CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS,
that the Mayor of the City of West Memphis, Arkansas, is hereby authorized. and directed to
Arkansas9ais herebyeauthorizedoandadirectedmto attestesame~ forrandfon behalf of thetCity ofa~
West Memphis, Arkansas.
it-~~s-tt-x-
After discussion, motion was made by Alderman Weis, seconded by Alderman Leggett: That the
Resolution accepting the Grant Amendment be adopted. Upon vote, the voting was as follows:
Aye: Aldermen: Weis, Dabbs, Haley, Horton, Leggett, Matthews, Rodgers, and Smith.
No: None.
Recommendation of the Planning Commission to rezone Lots 13, 14, 15 and 16 of Block 8 0£
Wheeler Subdivision to the City of West Memphis; and Lots 7, 8, 9, 10, 11 and 12 of Block 9 of
Wheeler Subdivision upon application of the Estate of Wi111am Sanders Danner was presented.
Mr. C. B. Nance representing the applicant discussed the rezoning with. the Council. Thereupon
an ordinance entitled "An Ordinance To Rezone Certain Property In The City Of West Memphis;
Declaring An Emergency And For Other Purposes" was introduced by Alderman Smith, and the City
Attorney read the ordinance in full..
Alderman Leggett, 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 Mayor put the question on the adoption of the motion and the roll
being called, the following voted:
Aye: Aldermen: Weis, Dabbs, 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 suspend the rule, the motion was carried and the rule suspended.
The ordinance was then read the second time by the City Attorney.
Alderman Haley, seconded by Alderman Matthews then moved that the rule requiring the reading
of an ordinance in full on three diffesait 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, Dabbs, Haley, Horton, Leggett, Matthews, Rodgers, and Smith.
No: None.
The Playor 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 the third time by the City Attorney.
Alderman Horbonthe Mandrdon thedadoptiondofrthemmotionhandttheoroll beingecallededtheThe
r~„pstion was,.Dl~~ Y yo
Aye: Aldermen: Weis, Pabbs, Haley, Horton, Leggett, Matthews, Rodgers, and Smith.
No: None.
Alderman Weis, seconded by Alderman Smith, moved that Section 5, the emergency clause be
adopted, and an roll call the following voted:
Aye: Aldermen: Weis, Dabbs, Haley, Horton, Leggett, ?Matthews, Rodgers, and Smith.
No: None.
The Mayor thereupon declared the ordinance and the emergency clause adapted and signed the
ordinance, which was attested by the City Clerk and impressed with the seal of the City. The
ordinance was given No. 584. The ordinance read as follows:
ORDINANC;1, NO, '
Ati' ORDLNAN('E TO RL:%ONI' ('1':RTAIN PRQPL:LiTS
T'~I THE CTT~~ C)F \d~FST A'IIs1Vll'IIIS; UL~.C1_.AIiIN(; AN
EIV1ERUENCY AND F(~R C)T[IP:It Pi1PPOSES.
~~-Hfi.'REAS, an application yeas marir, to the Planning Commission of
the Cite of West Nlc~m}phis as }~rc~~~i~1~~~1 h~~ (~r<lintmer• Nc~. 111 ref thr• Cii}- of
4\ Est Ntrnt}~his f<~i• rr•,c~,nin!~ ~•r•i tnii~ I>r~~}r~•r•1~ ~~ itlriir flrc~ ('ilk': and
~tIIP:Ii1sA5• n~iicc ~~ra5 dtrl~~ }n~hlishr~d nn the 2ntlt rla~~ of Nrwcnthcr•,
1968, that a hcar•in~' would be held h~~ fhc Planninu C'omittissinn at. ,~00 ~~'clock
P. M, on t!ZC 18th day of Deccmbet•, 1968, and ai said meeting and Ii}- i:he
application ~r•cvinustc suhntittr•rl i1 was rcqur~slc•rl that. thr~ fol]nwint~ }n'opcrty
he rezoned froth its pr•esentzoning lu ihat of 1}ighwap Commercial (('-i):
Lots 1 14, 1 ~i and if of laocl: 8 01' l~'hcc•ler Subdivision
to the Ci1~ of ~['est 1VI~~rnphis: and Lots I, 2, :~, -1, 5, R, 7,
3, Sr, 10. 11 and 12 of I,lucl: ~~ nl' ~~'hcclcr Strbd.ivision to
the Cit~• of ~~~est Memphis, Arkansas.
• ~~`i1F Rl;AS, no persrn~s a}~hr•arcd to protest against said zoning as
requested; and
~'ti-IIT~REAS. the Planning Comntissinn of the Cite of \lcst Nle~mphis
recommended that said rezorliug pc•iition he gr•<tnied;
~, !V~O~~', TTIEI,};F(~RI 1;1: [T OIiDAINED I3Y TIZE CITY COUNCIL OF
THE CITY OF ';~'I?ST .A~1EI~RPIIIS:
Suction 1. 'l'ha1 the fnllo~~inr~, prnpri•1~~ nnw ;.onr~rl ,is Sinhlc-I~'oi7tily
P,esidence I)istricl: (RS-7) be and fhr~ 5anr~• is hereby rczonr~d as IlirThway Conuner-~
cial Distrir~t (C-7):
Lots 13, 1~I, 15 and If of 13Lx•k 8 rrI V1'heelcr Subdivision
to the Cii}- of ~~'est 1Vlcmpltis: and Lots 7. 8, 9. 10, I I and
12 ref Rloc•1: n of WhF•elc~r• Suhdivision to the City of ~1~c~s1
~Ir•ntpitis. Arkansas. .
Sr•niion '~. 'T'hat the 1'ollowin~ prupcrt~ now roncd as General Commercial
District (C'-:~) be and the same i~ herch~ rr~zonc~d as ITighway C'nmmr~rcial District
Loia 1, 2, 3, 4. 5 and F of 13Loia: c) of the Whcclc>r Subdi-
vision to the Cite of ~~~cst Il~lcmpltis, 1~ rkansas.
Section S. A1] urdinaures rir pnt•t~ cif c~rdinancc~ in conflict: hc~•ewith
are herclty rc•Etcalccl.
Sei•tinn 4. J~ c~c'ipy of the r,i°d inancc, when ch,ly certified by the City
•• r
Clerk, shall he scth.jeci; to beint* filed and recorded in the office of the Circuit ~~
Court C".ler•h and T?s-Ofi'icio Hccnrdcr within and for Crittenden Crnmt.v. llrkansa.s.
Se~~.iicnt Vii. I?I~11':IiC~I~:NCI' ('I./~IIRI?: li is fcttntd :unt decl;trc~d I>v the
City Cotmcil of the City of bVc•st Memphi-~ i.hai: Lhis ordinance is necessary for
the growth and expansion of the City, of ~~'est MctTtphis; thcrefof•e, an emergency
is hereby declared to exist, and, this ordinance shall bc~ in full force and effect
from and after its passafie and appro~~al.
Mayor Eden announced the next order of business would be hearing on vacating alley
extending through a portion of Block 8, FRieeler, extending through Block 9, and that portion
of 2llth Street situated between Blocks 8 and 9 of Wheeler Subdivision upon petition of Safley &
Waggener, First National Bank of Memphis as executor of the Estate of William Sanders Danner,
and Loia N. Danner, co-trustee and widow of 1~illiam Sanders Danner. Notice of hearing was
published in the Evening Times on December 2nd and 9th. Mr. Ralph Sloan representing Robert Fallis
informed the Council his client opposed the closing of 211th Street as the street would be a means
of access to apartments now being constructed in the area. No one else appeared to protest the
closing of the street. Mr. V. E. Skillman representing Mr. Allen Thompson informed the Council of
plans to sell the property to be developed for a large single building suitable for a discount store.
Mr. Frank Whittington, who is interested in developing and leasing the property, informed the
Council of his plans and suggested contacting Highway Department as to their plans for the area.
Mr. Fallis stated he had no objection to closing of the alleys. After discussion, motion was made
by Alderman Weia, seconded by Alderman Dabbs: That the alleys be vacated as requested. Upon vote,
the voting was as follows:
Aye: Aldermen: Weis, Dabbs, Haley, Horton, Leggett, Matthews, Rodgers, and Smith.
No: None.
Thereupon, motion was made by Alderman Rodgers, seconded by Alderman Smith: That the hearing be
continued until January 2, 1969. Upon vote, the voting was as follows:
Aye: Aldermen: Weis, Dabbs, Haley, Horton, Leggett, Matthews, Rodgers, and Smith.
No: None.
Mr. Robert Cosgrove appeared on behalf of the Boys' Club of West Memphis requesting lease of
one acre of the Northeast Corner of Worthington Park for construction of a building for the Boys'
Club. Mr. Cosgrove informed the Council the Park Commission, The Boys' Club Trustees and Board of
Directors have approved the request. After discussion, motion was made by Alderman Dabbs, seconded
by Alderman Weis: That the Council agree the City Attorney and Mr. Cosgrove proceed further with
lease form for the property. Upon vote, the voting was as follows:
Aye: Aldermen: Weis, Dabbs, Haley, Horton, Leggett, Matthews, Rodgers, and Smith.
No: None.
Mr. Cy Bond of Bond Engineering presented Final Plat of 2nd Addition of Westwood Acres. After
discussion, it was concensus of opinion action be deferred until the January 2, 1969 meeting.
Recommendation of the Planning Commission to rezone Block Ten (10), Lots Seven (7) through
Twelve (12) Block Seventeen (17), Lots Cne (1) and Two (2), &ai~dal Addition was presented. After
discussion, an ordinance entitled "An Ordinance To Rezone Certain Zoned Property From C-5 to RS-5
Declaring An Emergency And For Other Purposes" was introduced in writing by Alderman Weis, and the
City Attorney read the ordinance in full.
Alderman Rodgers, seconded by Alderman Horton moved that the rule requiring the reading of an
ordinance in full on three diffeistt 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, Dabbs, Haley, Horton, Leggett, Matthews, Rodgers, and Smith.
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.
The ordinance was then read the second time 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: iaeis, Dabbs, Haley, Horton, Leggett, Matthews, 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 was carried and the rule suspended. The
ordinance was then read the third time by„the City Attorney.
Alderman Dabbs, seconded by Alderman Leggett, moved that the ordinance be adopted. The questiam
was put by the Mayor on the adoption of the motion and the roll being called, the following voted:
Aye: Aldermen: 'leis, Dabbs, Haley, Horton, Leggett, Matthews, Rodgers, and Smith.
No: None.
Alderman Smith, seconded by Alderman Weis moved that Section 3, the emergency clause be
adopted and on roll call the following voted:
Aye: Aldermen: Weis, Dabbs, Haley, Horton, Leggett, Matthews, 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. 585. The ordinance read as follows:
A N ORDINANCE TO REZONE CERTAIN ZONED PROPERTY
FROM C-5 to RS-5 DF.CI~RING AN EMRRGENCY AND
FOR OTHER PURPOSES.
WI~REAS, 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
WIIF,REAS, notice was duly published on the ~ti i t vi day
~+ of November, 1968, that a hearing would be held by the Planning
" b.
Commission on the 18th day of December, 1968 at the City Hall far
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
'i' WHEREAS, at said meeting and by the petition previously
made to the Planning Commission, it was requested that the follow-
'
ing properties, to-wit:
Block Ten (10), Lots Seven (7) through Twelve (12)
Block Seventeen (17), Lots One (1) and Two (2), all
being in the George T. Kendal Addition to the City
of West Memphis, Arkansas,
be rezoned from present zoning C -5 to zone RS-5, and,
WIiEREAS, 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, BE IT ORDAINED BY THE CITY COUNCIL OF
WEST MEMPHIS, ARKA1vTSAS:
SECTION I. That the fallowing property, to-wit:
~~ Block Ten (10), Lats Seven (7) through Twelve (12)
Block Seventeen (17), Lots One (1) and Two (2) all
'ii being in the George T. Kendal Addition to the City
of West Memphis, Arkansas.
~) now zoned C-5 be and the same is hereby rezoned ae RS-5.
SECTION II. All Ordinances or parts of Ordinances
in conflict herewith are hereby repealed.
SECTION III. Emergency clause: 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
zoning 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 properties
1
be immediately accomplished and, therefore, an emergency is found f
to exist and this ordinance shall be in full force and effect
from and after its passge, approval and publication as required
by law.
SECTION IV. COPY OF ORDII~ NC F. FILED FOR RECORD;
R
A copy of this ordinance when duly certified by the City Clerk,
k_
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.
_.__ .
The Council was advised the 1967 Edition of the National Building Code, Abbreviated Edition,
has now been published and should be adopted in order for the City to comply with requirements of
the Department of Housing and Urban Development. Thereupon, Alderman Smith introduced an ordinance
entitled "An Ordinance To Amend Ordinance No. 458 Of The City Of West Memphis, Arkansas; Declaring
An Emergency And For Other Purposes", the ordinance was read in full by the City Attorney.
Alderman Leggett, seconded by Alderman Dobbs, moved that the rule requiring the reading of an
ordinance in full on three diffferent 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, Dobbs, Haley, Horton, Le~ett, Rodgers, and Smith.
No: None.
(Alderman Matthews was not present)
Thereupon the Mayor declared that at least two-thirds of all members of the Council having
voted. in favor of the motion to auspend the rule, the motion was carried and the rule suspended.
The ordinance was then read the second time by the City Attorney.
Alderman Haley, 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, Dobbs, Haley, Horton, Leggett, Rodgers, and Smith.
No: None. ,
(Alderman Matthews was not present)
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 the third time by the City Attorney.
Alderman Rodgera, seconded by Alderman Weis, 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, Dobbs, Haley, Horton, Leggett, Rodgers, and Smith.
No: None.
Alderman Smith, seconded by Alderman Leggett, moved that Section 3, the emergency clause be
adopted, and on roll call the following voted:
Aye: Aldermen: Wis, Dobbs, Haley, Horton, Leggett, Rodgers, and Smith.
No: None.
(Alderman Matthews was not present)
The Mayop 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. 586. The ordinance read as follows:
lia OItItI^111i ~-~ lPC~ 11r11~I`~ei! Qi2i)II`i~NC: i; l`1(!. 4!i';) OI~'
'±';1£•, CITY O~' ?9i~5'.? 1~?I!;iiF:I:CS, 1\Rl<~?,P.?SAS; L)L;CIy=1I2INC~
;iPi E1~~F:Rc;^;,r^';` ANIJ I'Ott C)TII1?R Pl1RPOSI:S,
BL. TT OI?D<al';rF~D I>'.i 'PI!1_; C'TTY C"OUQCIL, OI' 'PIiE CIT`.Z ;')F iJt'sS'L'
Nl?.t'!YHIS, tii2l:.?*1S1~S:
Section 1. Section :L cf Ordinance ilo. 4513 is hereb~~
a~nend.ed to read as t ~11ows:
~trOPTIOPI <)~' I3UT!.I)Ildt; ! ol1P;, 'I'herc .is hc,rel>y adopt~.eci by
tine City of R'cs: i4er~t;_,his for the nuz:POSe of estal_~lishinct rules
and re<fulations for the cons~_.r.uction, alter.a.tion, removal, demoli-
tion, equipment, u:e anci occupancy, locatirni and maintenance of
build.i.ngs and strcrctu)-es, irtcl~_tdiny perrnits and nenaltif~s, that
certain !~uil~~'linr! co,lc lcnotian a~ thc:~ [;ntional Yuilcl.irn~! Code, 11tz1?r.e-
viated Lciit:ion, re~.o;,n~eucic~:! :1''t tlrc: i~Jat:ional Board of E'ir~ Uncac:r-
writers, l~ein_cr particularly ti,e 1967 edition and the whole thereof,
` includ:inu ar.~~ revise,l editicns thereof, save and except such por-
liens as a:re 1?ereinaFter delet:e?, mocl.ifiec9 or amended of which not
leas than throe (3) conies have been and nc:+tiv are filed in the office
01: the Cl.eri~ of the City of West: Plemphis, 11rl:ansas, and t11e same
are izereb~ a~_ioptec! and incot:ix~rated as Lu11y as i:E set out at length
herein, and from the date on ~ehiclt this ordinance shall take e:[fect,
the provisions thereof shall be controlling in the construction of.
all. buildings ar,.~ of:her structures within the corporate limits of
i:he City ~?~ Fdest 1~_eml~liis, i~rl::insas.
2e:'ti0ii ''.. -i7.1 hart::, o:E ordinance No. 45E~? in confl.i.ct ,
herewith are hercl-n, rcl~ealc~~1.
' S^ction_ 3. It :i.; :L<~~ui,l and r3etcrmined h~~ the City Council.
of the Ci+~~ of hest ^.Icmnh.i5, ~.r!<.ansas, that this ordinance is
inunediately necessary for the saeety and welfare of the inhabitants
of the City; of 4•;e5i: P~icmphic, i1 r':ansas, anal an emergency is hereby
432
,,
veclared tv exist an~~. this ordinance sha11 he in fu11 force and
effect fro*n and after its pa:~s~i~ie.
l.~lontoa L-li~_~' 19tP~ ~;ia~' <~1: !~ecen~~er, 19(;t?.
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~~
City Attorney tdallin presented the following Resolution from the Utility Commission ~~
recommending execution of contract for fewer construction by W. K. Ingram Construction Company:
;~
WHEREAS, the West Memphis Utility Commission received bids on the 9th day of December, 1968, at
2:00 P.M ., for the construction of Division B, interceptor sewers of the sewage treatment facilities
project No. WPC - ARK - 255 of the City of West Memphis, Arkansas, and f'
?~R.EAS, the low bid submitted £or the aforementioned construction, was submitted by W. K.
Ingram Construction Company in the amount of $1,270,307.75, and
?JHEREAS, the ldest Memphis Utility Commission, after due deliberation and consideration, has
determined that said bid is proper and in the best interest of the West Memphis Utility Commission
and the citizens of West P;emphis, Arkansas, and
4~ifU;REAS, the members of the West Memphis Utility Commission recommend to the City Council of
the City of West Memphis, Arkansas, that the City of West Memphis, Arkansas, acting through its
Mayor, be authorized and directed to enter into contractual agreement with the L^J. K. Ingram
Construction Company for the aforementioned construction for and in consideration as heretofore
set forth.
NO?d, THEREFORE, BE IT RESOLVED BY THE WEST r.EMPHIS UTILITY COMMISSION that the City Council
of the City o£ West Memphis, Arkansas, is hereby requested to authorize and direct the mayor of
the City of West Memphis, Arkansas, to execute the contracts submitted by W. K. Ingram Construction
Company for the aforementioned construction and in the amount of $1,270,307.75, as more fully set
out in said contract.
~~r~-;~
After discussion of the Engineer's estimate, bids of Farco, Inc., Woodstock Construction Co., and
Heath & Scarbrough Construction Co., construction bond by contractor, basis of bid not cost plus
the following resolution was presented:
RESOLUTION N0. 353
WHEREAS, the West t~iemphis Utility Commission received bids on the 9th day of December, 1968,
at 2:00 P.M., for the construction of Division B, Interceptor Sewers of the Sewage Treatment
Facilities Project, No. ?dPC-ARK-255 of the City of West N.emphis, Arkansas, and
WHEREAS, the low bid submitted for said construction, was submitted by ?d. K. Ingram Constructim
Company in the amount of $1,270,307.75, and
WHEREAS, after due consideration and deliberation, the West Memphis Utility Commission has
recommended that said bid as aforementioned be accepted by the City Council of the City of West Memt3dt
NOW, THEREFURE, BE IT RESOLVED BY THE CITY COUNCIL OF TI-'.E CITY OF WEST MEMPHIS, ARKANSAS,
that after due deliberation and consideration. of the recommendations of the West Memphis Utility
Commission, the aforementioned bid of W. K. Ingram Construction Company is hereby accepted and
the Mayor of the City of West Memphis, Arkansas, is hereby authorized and directed to execute
contracts with W. K. Ingram Construction Gompany in the amount of X1,270,307.75, for and on behalf
of the City of West Memphis, Arkansas. This award is subject to approval and concurrance of both
the Federal and State ?rTater Pollution Control Commissions.
aHH~Y,:
Motion was made by Alderman Tnreis, seconded by Alderman Dabbs: That the Resolution as presented be
adopted. Unon vote, the voting was as follows:
Aye: Aldermen: Weis, Dabbs, Haley, Horton, Leggett, Matthews, Rodgers, and Smith.
No: None.
Mayor Eden informed the Council Mr. Donald Manes was unable to be present for a report on
Urban Renewal due to a meeting"- with HUD Officials, however, a Resolution had been prepared for
the Council's consideration. City Attorney Wallin read the Resolution. After discussion, motion
was made by Alderman Smith, seconded by Alderman Dabbs: That the Resolution be adopted as presented.
Upon vote, the voting was as follows:
Aye: Aldermen: Weis, Dabbs, Haley, Horton, Leggett, Matthews, Rodgers, and Smith.
No : Na~e .
The Resolution read as follows:
424
;•
P,ESOLUTIOII IdO. 354
RESOLUTIOI7 OF T1IE CITY COUNCIL OF TIIE CITY OF
[BEST fIEIIPIIIS APPROVIi1G THE URBAiI REIIE;IAL PLAN
FOR THE I1EST fIEtIPIIIS'iI1;IGHBORIIOOD DEVI/LOPIIETIT
PP~OGRAfI
C]HEREA5, under the provisions of Title I of the housing Act
of 1949, as amended, the Secretary of Ilousing and Urban Development
is authorized to provide financial assistance to Local Public
Agencies or undertalcinq and carrying out Neighborhood Development
Programs; and
[•1HEREAS it is provided in such Act that contracts for financial
aid thereunder shall reRuire that the Urban Rene~~al Plan for the
urban rener~al area comprising the eighborhood Development Program
be approved by the governingt body of the locality in which the area
is situated and that such approval include findings by the governing
body that: (1) the financial aid to be provided in the contract is
necessary to enable the Program to be undertaken in accordance with the
Urban Renecaal Plan; (2} the Urban Rene~•~al Plan ~•~ill afford maximum
opportunity, consistent with ttie sound needy of the locality as a
whole, for the rehabilitation or redevelopment of the urban renewal
area by private enterprise; (3) the Urban Renewal Plan conforms to a
general plan for the development of the locality as a whole; and (4)
the Urban Renet•~al Plan gives due consideration to the provision of
adequate parl: and recreational areas and facilities, as may be
desirable for neighborhood improvement, ~~~ith special consideration
for the health, safety, and welfare of children residing in the general
vicinity of the site covered by the Plan; and
WHEREAS it is desirable and in the public interest that the
Urban Renewal Agency of the City of [test Memphis (herein called the
''Local Public Agency") undertake and carry out the Neighborhood
Development Program (herein called the "Program") encompassing the
area in the City of '.•lest tiemphis, State of Arkansas (herein called
the "Locality") as described tie rein on Exhibit I, Boundary Description;
an d
-1- i]D GO1(7)
425
t•IHEREAS the Local Public Agency has applied for financial
assistance under such pct end nronoses to enter into a contract or
contracts with the Dcpartmer.Y. of Ilousinq and UrUan Development f.or
the undertal:inq of, and for mal:i.n~ availablefinancial assistance
for, the Program; and
GAIEREAS the Local Public a'lgency ham made studies of the location,
physical condition of structures, land use, environmental influences,
and social, cultural and economic conditions of the urban renewal
area comprising the Program and has determined that the are a is a
slum, blighted, deteriorating or deteriorated area and that it is
detrimental and a rrenance to the safety, Health, and welfare of the
inhabitants and users thereof and of the locality at large, because
of existing structural and environmental conditions, and the members
of this Governing Bodv have been fully apprised by the Local Public
Age ncy and are a~oare of these facts and condition; and
I~IIEREAS there has been prepared and referred to the City Council
of the Locality (herein called the "Governing Body'') for review and
approval an Urban Renewal Plan for the urban renewal area, ~rhich
Plan is a mimeographed document dated October 15, 1968, consisting
of a Table of Contents, eight (8) pages of narrative text, a set of
maps marked for, the Urban Renewal Plan entitled, "flap URP-1, Doundary
flap" , "flap URP-2, Land Use and Transportation Plan" ; Exhibit I ,
Boundary Description; and Exhibit A, Property Rehabilitation Standards,
all maps and exhibits also bearing the date of October 15, 1968,
supported by certain supplementary material, data, and recommendations
not a part of the Urban Renewal Plan; and
I~IIEREAS the Urban Renecral Plan has been approved by the Governing
Body of the Local Public Agency, as evidenced by the copy of said Body's
duly certified resolution approving the Urban Rene~ral Plan which is
attached thereto; and
t•JIiEREAS a general plan has been prepared and is recognized and
used as a guide for the general development of the Locality as a cahole;
and
_2_ ND G(11(7)
42'6
?•1HEREAS the members of the ('overning Body have general knoc~ledge
of the condition, nrevailin~ in the urban rene~~al area and of the
availability of Prong Iiou~inrt in the Locality for the relocation of.
individuals and fanilies that may he displaced by the Program and, in
the light of such l:no~-ledge of local housing conditions, ~oill carefully
consider and revieca the Local Public Agency's proposals for relocation;
and
I.IHEREAS it is necessary that the Governing i3ody take appropriate.
official action respecting the Urban ReneeTal Plan for the Program, in
conformity with the contract for financial assistance beti~een the
Local Public Agency and the United States of nmerica, acting by and
through the Secretary of Housing and Urban Develonment~ and
!•11IERBhS the Governing Body is cognizant of the conditions that
are imposed in the underta}:ing and carrying out of urban renewal
activities and undertaking Frith Federal financial assistance under
Title I, including those nrohibitincl discrimination because of race,
color, creed, or national origin:
NO?J, THEPEFORE, IIr IT PESOLVED IIY THE CITY COUIJCIL OF THE CITY
OF P1EST t1E1?PHIS
1. That it is hereby found and determined that the urban renewal
area comprising the Program is a slum, blighted, deterioratinc7, or
deteriorated area anti qualifies as an eligible area under Act 212 of
the Acts of the general Assembly of the State of Arkansas for the
year 1957.
2. That the Urban Renec•ral Plan for the Program, having been
duly reviewed and considered, is i~ereby approved, and the City Clerk
be and is hereby directed to file said cony of the Urban Rene~•~al Plan
with the minutes of this meeting.
3. That it is hereby found and determined that where clearance
is proposed that the objectives of the Urban P.ene~.ral Plan cannot be
achieved th rough more extensive rehabilitation of portions of the
urban renewal area comprising the Program.
4. That it is hereh~~ found and determined that the Urban Renewal
Plan for the Program conforms to the general plan of the Locality.
-3-
ND 601(7)
427
e
5. That it is hereby found and determined that the financial
aid to be provided pursuant to the contract for Federal financial
assistance pertaining to the Program is necessart~ to enable the
Program to be undertal:en in accordance with the Uri~an Renetoal Plan
for the area comprising the ProcTram.
6. That it is hereby found and determined that the Urban Renetaal
Plan for the urban renewal area comprising the Program twill afford
maximum opportunity, consistent clltll the sound needs of the Locality
as a whole, for the renet•~al of the area by private enterprise.
7. That it is hereby found and determined that the Urban
Renecaal Plan for the urban renewal area gives due consideration to
the provision of adeRuate nar1: and recreational areas and facilities,
as may be desirable for neighborhood improvement, r~ith special con-
sideration for the health, safety, and welfare of children residing
in the general vicinity of the site covered by the Plan.
8. That it is hereby found and determined that the Program for
the proper relocation of individuals and families displaced in carry-
ing out the Urban Renewal Plan in decent, safe, and sanitary dwellings
in coit£ormity with acceptable standards is feasible and can be reason-
ably and timely ef.fecteti to permit the proper prdsecution and comple-
tion bf the rilan~ and .that such d~Jellings or dwelling units available
ar to be made available to such c~ie~laced individuals and families,
-i
arc at least e~jifdl in number of the fiumber of displaced .individuals
and families, afe hdt t}enl~Yall+i less desirable i.n regard to, Public
utilities and rubl~d aHt1 bbhM.etCial facilities than the chaellings of
the dis»lacec~ in~fviduals aiicl.farml~es in the area. comprising the
~rogram~' are available at rents bi- nri~es tyi$hin the fi.rtaricial means
of the. tlisplacecl ind~vic~uals ahcl families, and are reasonably accr3ssible
to them blares of em~ii~i~ment:
9. That; iii or~a~i^ to itn"'bletnent ati~ facilitate the effectuation
of th+ Urban i2enet~al >3lhnhtrei~v lippYoved+ it is found. and determined
that certain official action must tje taken by tkiis 13bdy ~•~ith reference,
atnoncl other thihr~s tc~ chanRe9 in tdniti§~ the iiacating and removal of
strecte'i. alle~sy ancrt other nuhlic,i•ta~s{..the esta~lishmaht Of nec.i
~ a . vt.; z.~~ i
• ,i
iY~ ,~'
street patterns, the location and relocation of sewer and :rater mains
and other public facilities, and other public action, and, accordingly, ',
this Body hereby (a) pledges its cooperation in helninq to carry out ~
the Urban Renewal Plan, (b) requests the various officials, depart-
ments, boards, and agencies of the Locality having administrative
responsibilities in the premises likewise to cooperate to such end
and to exercise their respective functions and pourers in a manner
consistent with the Urban Reneiual Plan, and (e) stands ready to
consider to take appr.oririate acticst~ urion prorosals and measures
designed to effectuate the Urban Renet•ral Plan.
10. That financial assistance under the provisions of Title I
bf the housing Act of 19~~, as amended, is necessary to enable the
land in t:he aYea comprising the program to be renecved in accordance
.with the urban Jtenewal Plan for the Prrigram, and accordincJly, the
proposed program and the annual increment are .approved and the Local.
Pub11C Agency is authorized to file an appliCatior for financial _i
assist~n~Ce under Title ~.
., _.
~ The Mayor announced to the Council letter had been received from St. Francis Levee District
advising the City could lease 2,000 acres across the levee for use of a park. After discussion,
motion was made by Alderman Weis, seconded by Alderman Matthews: That the City Attorney be
requested to prepare a lease with St. Francis Levee District pretai.ning to property on S. 8th
Street. Upon vote, the voting was as follows:
Aye: Aldermen: Weis, Dabbs, Haley, Horton, Leggett, Matthews, Rodgers, and Smith.
No: None.
Mayor Eden reported to the Council the subdivision developers Mr. Jack Rich, Mr. Bowers Clement,
and Mr. Everett Norfleet have volunteered to construct certain streets in the vicinity of Weaver
Elementary School and East Junior High School due to the difficult traffic situation there. The
following Resolution was presented. for consideration of the Council in the matter:
RESOLUTION N0, 355
4JHEREAS, it is recognized that a difficult traffic situation has arisen in the vicinity of
Weaver Elementary School and East Junior High School of the City of Weat Memphis, Arkansas, and
WHEREAS, said traffic situation has resulted in a hardship being placed upon children going
to and from said schools becuase of traffic congestion at the site thereof, and
WHEREAS, the subdivision developers, Mr. Jack Rich, Mr. Bowers Clement, and Mr. Everett Norfleet
have volunteered to remedy the existing situation by constructing certain streets in the immediate
vicinity of the aforementioned schools in order to provide improved access thereto, and
WHEREAS, this action is being taken by the aforementioned developers in behalf of the
children attending the above mentioned schools, and said action is being done at the expense of
the aforementioned developers, and
NOW, THEREFORE, BE IT RESOLVED:
3~etion 1. That the City Council of the City of West Memphis hereby officially commends
Mr. Jack Rich, Mr. Bowers Clement, and Mr. Everett Norfleet, the developers of the aforementioned
subdivision for their civic interest in this matter and their concern and consideration for the
safety and welfare of the students attending the above mationed schools, and
Section 2, The City Council of the City of Weat Memphis hereby expresses its appreciation and
gratitude on behalf of the City of West Memphis, Arkansas, for the position taken in this matter
by these aforementioned men, all of which directly inures to the benefit of the City of Weat Memphis
and the children attending these schools.
Section 3. BE IT FURTHER RESOLVED, that this resolution be made a part of the official
minutes of the next meeting of the Weat Memphis City Council and further, that a copy of this resolut
be forwarded to Mr. Jack Rich, Mr. Bowers Clement, and Mr. 1'werett Norfleet.
~:i~f
Motion was made by Alderman Dabbs seconded by Alderman P~:atthews that the Resolution be adopted as
presented. Upon vote, the voting was as follows:
Ayes: Aldermen: tdeis, Labbs, Haley, Horton, Leggett, Matthews, Rodgers, and Smith.
Nays : P1one .
City Attorney Wallin read the following letter:
December 19, 1966
Hon. R. E. Eden
Mayor
Members of West Memphis
City Council,
Gentlemen:
May I take this opportunity at my last meeting as a member of the West Memphis City
Council to express my sincere appreciation to the MaSror, members of the Council, and the
various departments of the City for their able assistance to me with the work I have
endeavored to do for the City during the past seven years that I have had the honor to
serve as a member of this Council.
P4y associations with you and the people of this City during this time shall always remain
with me, and serve as a reminder that the cooperation and concerted effort which you have given
me in trying to achieve a better place for all of us to live, should continue and always remain
as a matter of prime importance to the leaders of this City.
I know that my interest in the business and civic affairs of our community shall continue
and I will always remain happy to assist in the betterment of our City in any way that I can.
Agar, it is with sincere pride that I can look back over the years of my tenure in office and
realize the accomplishments and the achievements of this City and express my appreciation for
the cooperation that I received in being a part of the ~emendous improvements that the City has
realized though concerted effort.
May I extend to all of you my sincere best wishes for the future operation and management of
our City and I know that through cooperation and work you will continue this success.
Paul Matthews
Vice Mayor - Alderman
City of West Memphis
~f~HC-
Motion was made by Alderman Smith, seconded by Alderman Weis: That the Council express their
gratitude to Alderman Matthews and Alderman Haley by resolution. Upon vote, the voting was as
follows:
Aye: Aldermen: Weis, Dabbs, Horton, Leggett, Rodgers, and Smith
No: None.
Aldermen Matthews and Haley abstained from voting
Alderman Haley brought to the Council's attention his interest in the Youth Program of the City,
and requested the Council to continue with the work.
Alderman Smith requested a report on action taken on the port for Weat Memphis. The Mayor
stated the engineer is making a study of the situation.
Alderman Smith stated he had received a letter from Mr. Zimmerman of the Arkansas Municipal
League with reference to Civil Service for Fire and Police Departments, and moved the City Attorney
explore the legality of the matter, and report at the second Council Meeting in January. The motion
was seconded by Alderman Leggett. Upon vote,. the voting was as follows:
Aye: Aldermen: Weis, Dabbs, Haley, Horton, Leggett, Matthews, Rodgers, and Smith.
No: None.
Alderman Rodgers informed" the Council he was of the opinion an injustice had been done to
James R. Williams inasmuch as he was not reinstated to the Police Department after he was found
not guilty of a Hot, Check chaz!ge, and the case was dismissed.
Alderman Rodgers brought to the Council's attention a need for a street light at the Avondale
Grade School.
Complaint was made that the Police Department does not escort funerals for the negro race
through the city. Mayor Eden stated there is no set procedure on this as thinks is a voluntary
action by the Police Officers, however, would check on the matter.
After discussion a Budget Meeting was set for 3 PM Friday, December 27th, and Oaths of
Office to be taken prior to the Council Meeting on January 2, 196th.
No further business being presented, the meeting was adjourned.
~ .
t-
,f~~~.
~~ - - MAYOR
TTE ,~. '
CI ER
APPROVED: JANUARY 2, 1969