January 15, 1952~~
MINUTES OF A REGULAR PdEETTNG OF THE CITY COUNCIL OF THE CITY OF' 1VEST I~I+ipHTS,
.:...HAD:. AND -HELD :ON<JANUARX _1.'i, ,:1952:
..:.. ~-
~~ .:
The Council of the City of West rrganphis met in a regular session at the City Hall
in said City at 7;30 p.M, on the 15th day of January, 1952.
The meeting eras called to order by the P~fayor, and the roll being called there were:
Present: Mayor VJ. B. Fordyce in the chair and the following named Aldermen;
James Bledsoe, U. I. Bollinger, Freeman Finley, Curtis Foster,
R. L. Garrison, A. R. Manchester, P. B. Powers, and C. H. Rowton;
City Attorney J. H. Spears, and City Clerk Kenneth Ftollis.
Absent; None.
The following proceedings were had to-wit:
Minutes of Council Meetings on January 1, 8th, 9th, 11th, and 12th were read and
approved..
Mayor Fordyce called to the Councils attention that there was a coin operated
amusement game known as a pinball Machine at the Dabbs Esso Service Center, and that
was a violation of Ordinance No. 95 "An Ordinance Prohibiting Coin Operated Amusement
Games in the City of Vrest Memphis, Arkansas~~. After discussion of the matter, Chief
of police Holland was ordered to enforce said ordinance.
Mayor Fordyce advised the Council that plans were being made on the costs of
materials, labor, etc. to establish rates for vrork done on private property by the
City in order that such work would not be done at a loss to the City. Also, the
renting of City~s equipment would knave to have established rates, however, it was
not the City~s intention to be in .competition to any equipment dealer but merely as
an assistance to citizens where there bras a difficulty in obtaining equipment for
private projects. After discussion of the matter, Alderman Garrison advised that the
Associated General Contractors pub fished a list of rates for the use of equipment;
thereupon, motion was made, passed, and adopted that the City adopt the schedule of
rates as published by the Associated General Contractors for equipment owned by the
City.
Mayor Fordyce next advised the Council that the "Refuse Getter~~ on Garbage Truck
No. 3 way in creed of extensive repairs that in meeting the garbage collection schedule
had to have the equipment in good shape. An estimate of X800.00 for repairs had been
made by Jim Bailey, Superintendent of public F~forks. After discussion of the matter,
motion was made, passed, and adopted authorizing the repairs to the garbage truck.
The condition of the shoulders of the highwa}rs within the City Limits was discussed,
and Mayor Fordyce informed the Council that plans were being negotiated with the State
Highway Department for tkre maintenance of the shoulders. Also, the City's asphalt streets
being bad],y in need of repairs was discussed, the Mayor advised that asphalt could be
obtained from Lehman-Roberts Asphalt Company for X7.50 per ton f.o.b. Memphis. Af ter
discussion of the matter, Mayor Fordyce was authorized to order Lao tons of asphalt for
repair and surfacing of the City's streets.
P.4otion was made by Alderman Bledsoe and seconded by Alderman Garrison that an
increase of 10~ on the City's part of the salary paid for the salary of the Pdunicipal
Court Clerk be given Jean Hillencamp. Upon the matter being called to vote, the
following voted:
Aye: Bledsoe, Bollinger, Finley, Foster, Garrison, Manchester, Powers, and Rowton.
Play: None.
Motion eras made by Atlerman Bledsoe and seconded by Alderman Garrison that an increase
of 10~ be made in the salary of Pbrs. Sarah Smith. Upon the matter being called to vote,
the following voted:
Aye: Bledsoe, Bollinger, Finley, Foster, Garrison, 1lanchester, powers, and Rowton.
Nay: None.
It was brought to the Council's attention that Judge Edward J. Rubens had requested
that the Council consider an increase in the salary of the Judge of the Pafunicipal Court
due to the necessity of having longer Court Sessions and Court sessions being more
frequent it was demanding most of his time in Court. After discussion of the matter,
motion was made by Alderman Bledsoe and seconded by Alderman Garrison that the salary of
the Judge of the I,Runicipal Court be increased to ~1a,800.00 per year effective as of
January 1st. Upon the matter being called to vote, the following voted:
Aye: Bledsoe, Bollinger, Finley, Foster, Garrison, P~Sanchester, Powers, and Rowton.
Nay; None.
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tdayor Fordyce advised the Council he had received bids for grader blades as follows;
J. A. Riggs Tractor Company
1/2" g 8'~ g 6~ Square Erui, Single Bevel Gravel blades, 50 (25 sets) or more,
X1.30 per ft. or X7.80 per blade - Plus 2°.d State :ales ~i'ax. i~
Less than 50 blades, ~l.lyl per ft. or :~8.1r6 per blade. Plus 2N State Sales Tax. ~~
F.o.b. West Pdemphis. ~
Choctaw, Inc
1/2" x 8" x 6~ Grader Blades at X1.20 ft. f.o.b. ldest P:•temphis. i
Choci;aw, Inc. being the lower bidder, motion was made by Alderman Garrison and seconded
by Alderman Bledsoe to accept the bid of Choctaw, Inc. Upon the matter being called to vote,
the following voted:
Aye: Bledsoe, Bollinger, Finley, Foster, Garrison, l,:anchester, Powers, arrd Rowton. ii
I~
Nay; None. ,,
1'aayor Fordyce announced that the meeting was open for consideration of the Llemphis
Uiew housing Project; that in accordance with decision at the meeting of the Council on
January 12, 1952, at vthich ti;ae a proposal was rar~de by the City to the contractor,
Guallace E. Johnson, Inc., vd~o accepted the proposal; that t1;e proposal was to be put in
final form for flzrther consideration by the Council.
City Attorney spears then advised the Council of a I,~eting vri.th Attorney John yfartin,
Attorney for 1'Vallace E. Johnson, Inc., and DeWitt Hines of the federal Y,ousing Administration;
that considerable worl: had been done on the preparation of the contract, but vvas not yet in
final form; that certain points needed clarification befcre the contract could be concluded.
Direction of the Council was requested in connection vrith the matter of placing bond.
with the City in the sum of x;225,000.00 with the City for the construction of 271V houses,
as to whether or not any part of the bond would be returned in case less tkran 271V houses were
built.
Further whether the ;100,000.00 from ~+allace E. Johnson was to be escrowed and if so how
should be withdrativn and under what terms and conditions.
The City Attorney was instructed to proceed with the matter and to have contract as nearly
complete as possible for further study and consideration by the Council.
A Petition presented to the Council on December 18th for the abandcring and closing of an
alley in Hlock ~'C" of the Lyndon Addition was read by City rttorney Spears, who advised that
a notice of a Hearing on the Petition had been published and any interested person or persons
advised to arpear before the Council on this date. Thereupon, f,4ayor Fordyce announced that
anyone present who wished to oppose the abandoning and closing of said alley to please make
known their objections, if any. No one appeared to object to the Closing of said alley and
thereupon, the following ordinance vvas introduced in writing by alderman Bollinger.
Said ordinance was read in full by Alderman Bledsoe, who moved its adoption, seconded by
Alderman Garrison, and after due consideration thereof by said Council, the P~layor put the
question upon the adoption of said motion, and upon passage of said ordinance, and the roll
being called, the following voted;
Aye: Bledsoe, Bollinger, Finley, Foster, Garrison, IJlanchester, Powers, and Rovrton.
Nay; None.
ORDINANCE N0. 20lV
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VVES'P l:~'1dPHIS, ARtKAN~AS:
~'JHEREAS, a petition was duly filed with the City Council of the City of Wiest laeurphis,
Arkansas, on the 7th day of December, 1951, asking the City Council to vacate and abandon
the alley upon, over and across Block nCn of the Lync9on Addition to the City of Vuest hleurphis
as shown by plat of record in plat Book 1 at page 70 in the office of the Circuit Clerk and
Ex-Officio Recorder vrithin and for Crittenden County, Arkansas, said alley being unna;ned and
unnumbered and across said Block "C" of the Lyndon addition to the City of 1'~est PSemphis.
PIIPEREAS, after due notice as required by law, the City Council has, at the time and
place mentioned in the Notice, heard all persons desiring to be heard upon the question, and has
ascertained that said alleyway has heretofore been dedicated to the public use as an alley;
that the same Yeas not actually been used by the public generally for the past five years, or
in fact, at arty time subsequent to its dedication; that all the ovaners of property abuting
upon the portions of said alley be vacated have filed with the Council their written consent
to such abandorvnent and that the public welfare will not be adversely effected by the abandorunent
of said alley or passageway.
NOI~f THEREFORE, BE IT ORDAINED BY lid CITY COUPICIL OF TIiL CITY OF WEST IaEP:IYHIS, A1fiiAN:iAS:
SECTIUPI 1. The City of vuest P~lernphis, Arkansas hereby releases, vacates and abandons all
its rig , ogether with the rights of the public generally, in and to the portion of the alley
or passage described as follovrs;
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~~.
That certain alley upon, over and across Block nCn
of said I,lndon tiddition, separating Lot Five (5)
on the North and Lots One (1), Two (2), 'T'hree (3)
and Four (1~) on the South in said block as shown
by plat of record in plat Book 1, page 7U in the
office of the Circuit Clerk and Ex-Officio Recorder
in and for Crittenden County, Arkansas
SECTION 2. A copy of this Ordinance duly certified by the City Clerk shall be
filed in re office of the Recorder of Deeds in and f'or Crittenden County, Arkansas.
SECTICN 3. This Ordinance shall take effect and be in force from and after its
passage a approvel.
-it 3t-lfit##rHHH1
An ordinance to annex property east of the City Limits site of the proposed
Memphis View Project vvas discussed.
The discrepancies in description were pointed out by City Attorney J. H. Spears,
and who stated that he merely wanted to tail the Councils attention to them so that
they could not be charged to trim or indicate inattention to his duty in preparation
of the Ordinance.
Thereupon the following ordinance was introduced in writing by Alderman Garrison:
Alderman Bledsoe moved that the rule requiring said ordinance to be read in full on
three different days be suspended, and that said ordinance be placed on its second reading;
motion was seconded by Alderman Manchester, and thereafter the Mayor put the question on
the adoption of said motion, and the roll being called, the follotiving voted:
Aye: Bledsoe, Bollinger, Finley, Foster, Garrison, IsIanchester, Powers, and Rowton.
Nay: ldone.
"rlrereupon the Mayor declared the motion duly passed and said ordinance placed. on its
second reading. The ordinance was then read the second time by Alderman Mancheater.
Alderman Rowton then moved that said ordinance be now placed upon its final adoption;
motion was seconded by Aldennan Powers, and after due consideration thereof by said Council,
the Mayor put the question on the adoption of the motion, and upon the roll being called, the
following voted:
Aye: Bledsoe, Bollinger, Finley, Foster, Garrison, i,ianchester, Powers, and Rowton.
Nay: None.
Whereupon the Mayor declared tl~e rnotion duly carried and said ordinance placed upon its
final reading and adoption.
Said ordinance was read in full by Alderman Bollinger who moved .its adoption, seconded
by Alderran Finley, and after due consideration thereof by said Council, the Mayor put the
question upon the adoption of said motion, and upon passage of said ordinance, and the roll
being called, the following voted:
Aye: Bledsoe, Bollinger, Finley, Foster, Garrison, lanchester, Powers, and Rowton.
Nay: None.
'Whereupon the Pdayor called to the Councils attention t1~at the ordinance, adopted,
contained an emergency clause and suggested that specific action should be taken by the
Council on this clause. ~~hereupon motion was made by Aldezman Finley and duly seconded
by Aldennan Foster that the emergency clause of said ordinance be adopted, and the roll
being called, the following voted:
Aye: tlledsoe, Bollinger, Finley, Foster, Garrison, Manchester, Powers, and Rowton.
Nay: lone.
Whereupon the Mayor declared said motion duly adopted and said ordinance duly passed,
and signed his approval to said ordinance and the pity Clerk was directed to spread the same
upon the record of Ordinances of the City of West Memphis, Arkansas, mrd to have same
published as required by law, aryl to number said ordinance No. 205.
Said ordinance to v~rich no amerxlmerrt vv2s offered read as follows:
OR7IPIANGE NO. 2U5
i~
AN ORDINANCE IPICORPUl2ATING CERTAIN TERRITORY ADJACENT Ti THE CI'!7 OF' WEST I.iELiPHIS IPI TF~
CORPORATE LIMITS GF TIIE CITY OF W:ST 1.1EI'PHIS, ARKM1:iAS
YYHEREAS, on February 5th, 1951, the Count, Court of Crittenden County, Axicansas,
made an Order annexing certain lands therein described to the City ofWest P:femphis
pursuant to Petition by Mrs. J. P. LIchnight and thirteen others, and
1'JfIERi:.AS, the signers on said petition constitute a majority of the oti°rners in the
affected area and also a majority of the residents of the affected area, and
YuI-IEN.EAS, it would be to the best interests of the City of nest I•iemphis arx9 the
citizens thereof that said territory be incorporated into the City of ~~est iaeraphis, now
THI3REFORE, BE IT ORDAINED BY 'I'HE CITY COUNCIL OF TIIE CITY OF WEST I.1E"i;~HIS:
SECTION 1. That the following described lands, contiguous to and adjoining the
City ~ e~ st FTernphis, Crittenden County, Arkansas, to-wit:
Land located in Crittenden County, Arkansas beginning
at the quarter (~) Section corner of Section Eight (8)
and Seventeen (17), Township Six (6) North, Range Nine
(9) East, a point on the East boundary line of the
City of West Memphis, Arkansas, thence North to the
Ten P~iile Bayou; thence rJesternly down the colter of the
Ten Mile Bayou to the intersection of the 6tiest line of
the Southeast uuarter (SE4) of the Southwest G~uarter
(sy~,'i) of Section Eight (8); thence North to the sec-
tion line between Section Five (5) and Eight (8);
thence East to the Ten I~lile Bayou; thence South down
the center of the `1'en P:1ile Bayou to the intersection
of tyre North line of the South half (Sz) of the South-
east ;quarter (SE4); thence East along the said line
to the Section line betYVeen lectiarx Eight (8) and
Nine (9); tixence South to Highvray ~'l0; thence South
betvreen Sections Sixteen (16) and Seventeen (17) to
the north right-of-way line of the Chicago Rock Island
and Pacific Railroad; thence in a southwesterly direction
along said north right-of-way line of said railroad to
a point which is the intersection of the north
right-of-way line of the Chicago Roclc Island
and Pacific Railroad with the present city limits of
Westl;iemphis; thence perpendicular to the said rail-
road right-of-way boundary, in a northwesterly direc-
tion and along city limits to a point measured three
hundred fifty (350) feet from the center line of said
railroad; thence in a Northeasterly direction and
parallel with the center line of the said Chicago
Roc}t Island and Pacific Railroad and three hundred
fifty (350) feet distance therefrom to the east line
of the Southwest quarter (SWQ) of Section Seventeen
(17); thence north along the center line of Section
Seventeen (17) to the point of beginning. A plat of
said lands, prepared by Judge C. H. Bond, Civil
Engineer, under date of December lU, 1950, is
attached hereto, and is made a part of this ordinance.
be annexed and incorporated into the City of tiYest I.Ienrphis.
SECTION 2 - E1.IERGENCY CLAUSE - It appearirrt to the City Oouncil that the above
described lands are contiguous and adjacent to the City of yJest 1vlernphis; that said
lands are being subdivided and sold for residential and other purposes; that it is
necessary that this Ordinance be passed and said lands be incorporated into the
City of Vest PJienrphis so that proper zoning ordinance may be passed and construction
regulated and supervised, an emergency is declared to exist and this Ordinance shall be
in flrll force and effect from and after its passage and approval.
;z;rrrr-:r;YHHYrrrat~
City Attorney Spears advised the Council that according to a recent ruling of the
Circuit Court Ordinance PIo. 1117 crAn Ordinance defining, regulating and licensing
solicitors and canvassers and providing penalties for the violation thereofcr had been
declared unconstitutional. However, due to the request of a nwnber of citizens of the
City he had prepared an ordinance in accordance with a ruling of the United States
Supreme Court on solicitors and canvassers, and presented said ordinance for tPre
consideration of the Council. After discussion of the natter, the ordinance vas
introduced in writing by Alderman Bollinger.
Alderman Garrison mo.ed that the rule requiring said ordinance to oe read in full
on three different days be suspended, and that said ordinance be placed on its second
roading; motion was seconded by Aldermar. ,'inle;,~, and t.,ere.af ~;>r t'~e i_~,-:~r In:.t the
question on the adoption or said motion, and the roll bei.na called, the follotiving voted:
ILye: Bledsoe, Bollinger, Finley, Foster, Garrison, 1.Ianchester, Pourers, and Rowton.
Nay; Pdone.
~~
1'Jhereupon the r,Iayor declared the motion dul;;~ passed and said ordir><nnce placed on
its second readir>g. i'he ordinance eras then read the second time by Alderman Bledsoe.
Alderman Rovrton then :coved that said ordinance be now placed upon its final
adoption; motion vras seconded by ,1lderman Bollinger, arxd after due consideration trxereof
by said Council, the Paa3ror put the question on the adoption of the motion, and upon the
roll being called, the following voted;
Aye: Bledsoe, Bollinger, Finley, Foster, Garrison, T~anchester, Powers, and
Rowton.
A1ay: None.
lrhereupon the I:Iayor declared the motion duly carried and said ordinance
placed upon iia final reading and adoption.
Said ordinance was read in full by Alderr~,an Powers who moved its adoption,
seconded by Alderman I<~iancr,ester, and after due consideration thereof by said Council,
the mayor put the question upon the adoption of said motion, and upon passage of
said ordinance, and t•he roll being called, the following voted:
Aye: Bledsoe, Bollinger, Finley, Foster, garrison, lvfanchester, Powers, and
Itovrton.
Nay: None.
tiUhereupon the Mayor called to the Councilrs attention that the ordinance, adopted,
contained an emergency clause and suggested that specific action should be taken by the
Council on this clause. 1~hereupon motion was made by Alderroa.n Foster and duly seconded
by Alderman Garrison that the emergency clause of said ordinance be adppted, and the
roll beinT; called, the following voted;
Aye: Bledsoe, Bollinger, Finley, Foster, Garrison, I,ianchester, Pourers, and
Rowton.
Nay; None.
tiUhereupon the Mayor declared said motion duly adopted and said ordinance duly
passed, and signed his approval to said ordinance and the City Clerk was directed
to spread the same upon the record of Ordinances of the City of hest E'.ernphis,
Arkansas, and to have same published as recprired by law, and to number said
ordinance No. 206.
Said ordinance to which no amendment was offered read as follows;
ORDINANCE NO. 206
3E TT GRDAINEll BY THP; CITY COUNCIL OF TIIE CITY Grp' WEST I~iEi~iPH1S, i1RItiAN:iA5:
SECTIOr1 1. PEllD1,IrIG ATdll SGLICITIIvG DECLARIiD A NUIS:ir1CE -The practice of Eoing in
and upon private residences in the City of yyest Liernphis, firY.ansas, by solicitors, peddlers,
hawkers, itinerant merchants and transisi; vendors of merchandise, not having been requested
or invited so to do by the owner or owners, occupant or occupants of said private residences,
for the purpose of soliciting orders for tlxe sale of goods, wares and merchandise, and/or
for the purpose of disposing of and/or peddling or havrr;ing the same and/or rendering of
service, is hereby declared to be a nuisance, and ~>unishable as such nuisance as a
misdemeanor.
SECTION 2. SUPPRESSIOII CF rdTJI3ArdCE -The Chief cf Police of the City of ;lest I+lemphis
is hereby required and directed to suppress the same and to abate any such nuisance as is
described in the first section of this ordir>a,rxce.
SECTION 3. PEI~'ALTY - Arty person convicted of perpetrating a nuisance as described
and prohibited in the first section of this ordinance, upon conviction thereof shall be
fined in a sum not less than T66'ErTTF-FIVE (q~25.00) DOLLARS or more than FIVE HUNDRI~D
(yp5U0.00) DOLLARS, together 1Ylt}x costs of the Court.
SECTION Lr. Eh;EEGENCY CLAUSE - It being determined that there are many persons going
in and about and upon streets of the City of YJest r.Iemphis and upon private property,
peddling and soliciting ;terns of various kinds, many of wrrich are dangerous; that many
people have been cheated, wronged and defrauded of their money and goods by unauthorized.
solicitors; that marry people are annoyed by solicitors ringing doorbells, knocking on
doors and disturbing the peace and quietude of mar>5* residents of the City of .Uyest Memphis
at all hours of the day and night; that many solicitors are persistent in their efforts
to sell; that ma1~y complaints have been made to the City Council of the City of West r:Iemphis
and the Police Force of annoyance by solicitors and that such annoyance exists to such an
extent that an emergency is declared to exist, and this Urdinarrce shall be in full force
and effect from and after its passage and approval,
itiKl-7i-3Ht-tEiHFiP
It was brought to the Councils attention that a recoruaendation made by the Council
to the Light ?c `J4ater Commission on A,oril 3, 1951, to dispense vrith the retainers fee for
the law fine of Clifton & Tual had. not been acted upon by the Corvnission. After discussion
of the matter, b4ayor Fordyce was instructed to refer the matter to the Commission at their
next meeting.
No further business appearing before the Council, motion was made by Alderman P~ianchester
and seconded by Alderman Bledsoe to adjourn the meeting. Upon the matter being called to
vote, the following voted:
Aye: Bledsoe, Bollinger, Finley, Foster, Garrison, Pdanchester, Pov+ers, and Rovrton.
Nay: None.
ATTEST:
~ ~j
CL R
AFPRCVED: FEBRUARY 5, 1952
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