February 1, 1962The City Council of the City of LVest Memphis, Arkansas, met in regular session in the
City of West Memphis at 3:00 o'clock P, M, on the 1st day of February, 1962, The following
were present: Flayor Howell H, Price; Aldermen: R. E, Eden, Earl Felts, Kirby Leggett,
Paul Matthews, Y, G, Sims, C. H, Rowton, and R, C, Bowie; and City Attorney LV, H, Dillahunty,
Absent: Alderman 0. I, Bollinger.
It being determined a quorum was present, the following proceedings were had to-wit:
Minutes of Council Meeting on January 18, 1962, were approved as read.
Mayor Price presental the final budget for 1962, explaining the appropriations for
the various Departments of the City. The Mayor brought to the Council's attention the
need of a graduate engineer to do drafting and platting for the City, and requested
$6,000,00 per year foa the salary that had not been included in the budget, After
discussion, motion was made by Alderman Rowton, seconded by Alderman Leggett: That the
budget as presented be approved also the sum of $6,000 for employment of a graduate
engineer. Upon roll call vote, the voting was as follows:
Aye: Aldermen: Eden, Felts, Leggett, Datthews, Sims, Rowton, and Bowie,
Nay: None,
Mayor Price informed the Council the Library Board of Trustees had recommended
the reappointment of Mrs. Atlee Harris, whose term of office expires on February 16th.
Motion was made by Alderman Bowie seconded by Alderman Matthews; That Mrs. Atlee Harris
be reappointed as a member of the Library Board of Trustees for a period of six years in
accordance with Grdinance No. 314.
The Council was notified of the request of Library Board of Trustees to have all funds
of the Library turned over to the Board for supervision and distribution. After discussion
of State Statutes that provide for authority of Library Boards, motion was made by Alderman
Eden and seconded by Alderman Rowton: That the funds for the West Memphis Public Library
be transferred to the custody of the Board of Library Trustees and all expenses for salaries
and bills be paid from the funds, and the City pay workmen's compensation and insurance on
building as they are included in group policies. Upon vote, the voting was as follows:
Aye: Aldermen: Eden, Felts, Leggett, Matthews, Sims, Rowton, and Bmde,
Nay: None,
City Attorney W, H, Dillahunty presented the following opinion:
Honorable H. B, price, Mayor
City of West Memphis
Arkansas
Dear Mayor:
January 31, 1962
Re: Proposed sale of municipally owned
property to Chamber of Commerce
You have requested this office to render an opinion as to whether or not the
City of West Memphis can deed a portion of Lot 3, Block 1, Eugene Woods Subdivision,
fronting on Broadway and lying immediately East of the circle drive at the City Hall
to the West Memphis Chamber of Commerce, It is the understanding of my office that
this property was deeded to the City of West Memphis and unto its successors and
assigns by instrument dated December 12, 1938. This instrument does not reflect that
the City is holding same for any particular trust that would require the City to
utilize the property for a particular purpose as is the case of many conveyances to
municipalities,
This particular question has given my office considerable difficulty in that it
is my understanding that such sale would be For a nominal sum in order to further the
efforts of the West Memphis Chamber of Commerce which would in turn benefit the
citizens of our City, Considerable research has been done in an effort to render
this opinion to you as Mayor and to the members of the Council.
Without citing the numerous cases read in making this research, specific
attention is called to the case entitled In Re. Little Rock Chamber of Commerce v.
Pulaski County, 113 Ark. 439, wherein Pulaski County conveyed to the Chamber of
Commerce for the sum of $1.00 and benefits to accrue said county from the expenditure
by said Chamber of Commerce of the fund raised for industrial and development purposes
for the above-described land. The Supreme Court of .Arkansas held that the county
could sell and convey this property of the county since it was not held in trust for
specific purposes.
5
The Court further pointed out that consideration may be other than in money,
and the County Court in exercising its powers may determine what is to the best
interest of the county. In State, Use Miller County v. Easton, 219 Ark, 40,
the Court stated that a county is in many respects likened to a munidpal corporation,
In the case of Lester v. Walker, 177 Ark. 1097, the Court held that the municipal
corporation may dispose of its property unless it is held in trust in the same
manner that a private individual could dispose of his property, In Washington
County v. Lynn Shelton Post No, 27, American Legion, 201 Ark. 301, the Court held
that the county could convey to a Dion Post with the Post agreeing to construct
the building for the use of the Limon Post and county, In this particular case
were was no consideration other than benefits that would accrue to the citizens of
the county. To the same effect see City of Blytheville v. Parks, 221 Ark. 739.
Act No. 224 of the Acts of the General Assembly of the State of Arkansas of
1959, as amended by Act No. 25 of the 1961 Assembly, provides foz the disposition
of property dedicated for public use and requires that same be advertised and bids
accepted, This is Found in 14-701 Ark, Stat. 1961 Supp, but it is the opinion of
this office that since this property in question was not dedicated for public use
that such Act Eand Amendment thereto is inapplicable,
It is the opinion of my office that the City of West Memphis can convey to the
Chamber of Commerce a portion of the property hereinabove described to be used for
Chamber of Commerce purposes.
This opinion does not attempt to cover any reverter clause provisions that may
be asserted in any instrument of conveyance.
Respectfully submitted,
W}iD/mib
/S/ W, H, DILLAHUNTY
City Attorney
~~~+*+.
Mayoz Price appointed a committee of Aldermen Sims, Felts, and Bowie to work
with the City Attorney and a committee to be appointed by the Chamber of Commerce
on deciding how much land would be needed and other matters pertaining to transfer
of property with reverter clause. After discussion, motion was made by Alderman
Eden seconded by Alderman Bowie: That City Attorney be instructed to prepare
proper instruments to transfer to Chamber of Commerce the property. Upon vote, the
voting was as follows:
Aye: Aldermen: Eden, Felts, Leggett, Matthews, Sims, Rowton, and Bowie.
Nay: None,
No further business being presented, motion was made by Alderman Felts seconded
by Alderman Bowie to adjourn. The voting was as follows;
Aye: Aldermen: Eden, Felts, Leggett, Matthews, Sims, Rowton, and Bowie.
Nay: None,
ATTEST-5---'sIE~~~C~~
CITY CLERK
MAYOR
APPROVED: FEBRUARY 15, 1962