March 15, 1962h1INUTES OF A REGULAR DfEETING OF THE CITY CtiLRJCIL OF THE CITY OF NEST A1EM11i'}IIS, ARKANSAS,
HELD AT TIC CITY fIALL IN SAID CITY ON THE 15TH DAY OF MARCH_ 196? AT 3e00 P R1
The City Council of the City of 1Vest Memphis, Arkansas, met in regular session in the
City of West Memphis at 3:CC o'clock P. M, on the 15th day of March, 1962, The following were
present: Niaycr Hcwell B, Price and Aldermen: Kirby Leggett, Y. G, Sims, C. H. Rowton,
R, C, Rowie, R. E, Eden, and Earl Felts; and City Attorney lv, H, Dillahunty,
Absent: Aldermen Paul Dlatthews and O. I. Bollinger.
It being determined a quorum was present, the fellorring proceedings were had to-wit:
Minutes of Council Nfeeting on March 1, 1962, were approved as read,
Attorney Bernard Goldstein appeared before the Council to request withdrawal of Petition
of Southland Racing Corporation to vacate certain streets, After discussion, motion was made
by Alderman Eden, seconded by alderman Sims: That the Petition of Southland Racing Corporation
filed on November 16, 1961, be withdrawn at request of petitioner, Upon vote, the votin; was
~as follows:
Aye: Aldermen: Leggett, Sims, Rowton, Rowie, Eden, and Felts,
Nay: None.
An ordinance entitled "An Ordinance tVhereby The City Of west Memphis Of The State Of
Arkansas And T}ie Southwestern Bell Telephone Company, A Missouri Corporation, AGree That the
Telephone Company Shall Continue To Operate Its Telephone System And All Business Incidental
To Or Connected With The Conducting Of A Telephone Business And System In Said City, And
Erect And Daintain Its Plant Construction And Appurtenances Along, Across, On, Over, Through,
Above And Under All Public Streets, Avenues, Alleys, Fublic Grounds And Places In Said City,
That The City Shall Receive An Annual Payment From The Telephone Company, And Repealing All
Ordinances And Agreements In Conflict Herewith" read the first time on February 15th and the
second time on March 1st was read the third time, M1lotion was made by Alderman Leggett,
seconded by Alderman Felts that the ordinance as read be adopted, and on the roll being
called the voting was as follows:
Aye: Aldermen: Leggett, Sims, Rowton, Bowie, Eden, and Felts,
Nay: None,
The Mayor then declared that the ordinance had been duly passed, and thereupon he signed
the ordinance in open Council meeting, his signature was attested by the City Clerk under the
seal of the City,
Flye: Aldermen: Leggett, Sims, Rowton, Bowie, Eden, and Felts,
Nay: None.
ORDINANCE NO, 41i,
AN ORDINANCE 1VFIEREBY THE CITY GF hBST MEMPHIS OF THE ST:1TE OF ARKANSAS AND THE SOl1THlVESTERN
BELL TELEPHONE CONIPANI', A MISSOURI CORPORATION, AGREE THAT THE TELEPIONE COM1iPANY SHALI. CGN'TINCJF;
TG OPERATE ITS TELEPHONE SYSTEh1 AND ALL BUSINESS INCIDENTAL TG CR CGNNECTED WITH TI}E CONDUCTING
OF A TELEPHONE BUSINESS AND SYSTEM IN SAID CITY, AND ERECT AND ASAINTAIN ITS PLANT CONSTRUCTION
AND APPURTENANCES ALGNG, ACROSS, ON, OVER, THROUGH, ABOVE AND Cm'DER ALL PUBLIC STREETS, AVENUES,
ALLEYS, PiJBLIC GRCI.RVDS AND PLACES IN SAID CITY, TFIAT THE CITY SIWLL RECEIVE AN ANN(IAL PAYN;ENT
FROM THE TELEPHONE CUN1PANY, AND REPEALING ALL ORDINANCES AND AGREEMENTS IN CONFLICT HEREWITH:
Iv'HEREAS, the City desires to enact and impose upon the Telephone Company a tax which shall
be in lieu of all other licenses, charges, fees or special taxes other than the usual general
or special ad valorem taxes, and
li7fEREAS, the City recognizes and concurs in the purpose and intent of an order of the Aransas
Public Service Commission entered on December 10, 1957, in Docket L'-12x1 relating to the
treatment by the Telephone Company of all city special taxes ;
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Alemphis State of
Arkansas that:
SECTIC`N 1, The Southwestern Bell Telephone Company, its successors and assigns (herein
referred to as "Telephone Company") shall continue to operate its telephone system and
all business incidental to or connected with the conducting of a telephone business and
system in the City of West Memphis, State of Arkansas, (herein referred to as "City"),
The plant construction and appurtenances used in or incident to the diving of telephone
service and to the maintenance of a telechone business and system by the Telephone Company
in said City shall remain as now constructed, subject tc such changes as may be considered
necessary by the City in the exercise of its inherent powers and by the Telephone Company in
the conduct of its business, and said Telephone Company shall continue to exercise its right
to place, remove, construct and reconstruct, extend and maintain its said plant and
appurtenances as ithe business and purpose for which it is or may be incorporated may from
time to time require, along, acress, on, over, through, above and under all the public streets,
avenues, alleys, and the public grounds and places within the limits of said City as the same
from time to time may be established,
SECTION 2, The Telephone Company shall pay to the City on or before b7arch 1, 1962,
for the period January 1, 1962, to December 31, 1962, inclusive, and thereafter for
like periods on or before each M1iarch 1 an amount determined by multiplying the
number of telephones within the corporate limits of the city as of the last day of
the preceding year by the sum of $0,91.
SECTION 3, The annual payment herein required shall be in lieu of all other licenses,
charges, fees, or impositions (other than the usual general or special ad valorem taxes)
which may be imposed by the City under authority conferred by law, The Telephone Company
shall have the privilege of crediting such sums with any unpaid balance due said Comnany
for telephone services rendered or facilities furnished to said Cit}~.
SECTION 4, The Telephone Company on the request of any person shall remove or raise or
lower its wires temporarily to permit the moving of houses or ether structures. The
expense of such temporary removal, raising or lowering of wires shall be paid by the
party or parties requesting the same, and the Telephone Company may require such payment
in advance, The Telephone Company shall be giver. not less than forty-eight hours advance
notice to arrange for such temporary wire changes,
SECTION =, Permission is hereby granted to the Telephone Company to trim trees upon and
overhanging streets, alleys, sidewalks and public places of said City as to prevent the
branches of such trees from coming in contact with the wires and cables of the Telephone
Company, all the said trimming to be done under the supervision and direction of any city
ufficial to whom said duties have been or may be delegated,
SECTION 6. Nothing in this Ordinance contained shall be construed to require or permit
any electric light or power wire attachments by the City or for the City, If light or
power attachments are desired by the City or for the City, then a separate non-contingent
agreement shall be a prerequisite to such attachments.
SECTION 7, Nothing herein contained shall he construced as giving to the Telephone
Company any exclusive privileges, nor shall it affect any prior or existing rights of
the Telephone Company to maintain a telephone system within the City,
SECTION 8, qll other ordinances and agreements and parts of ordinances and agreements
relating to the operating of or right to operate a telephone system within said City are
hereby repealed,
SECTION 9. The said Telephone Company shall have sixty (60) days from and after its
passage and approval to file its written acceptance of this ordinance with the City Clerk,
and upon such acceptance being filed, this ordinance shall be considered as taking effect
and being in force from and after the date of its passage and approval by the Mayor. The
ordinance shall continue in effect and be in Force until terminated by the City or the
Telephone Company as of the end of any year after giving one (1) year's notice of intention
to terminate.
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Alderman C, If, Rowton read the following letter:
TFIE CfIL'RCH OF CHRIST
}loo. H. B, Price
Mayor
West Memphis, Ark,
Dear Sir:
March 12, 1962
The elders of the church of Christ (rave instructed me to inform your office that the
church definitely will not appeal to the City Council for a repeal of the newly passed
coning regulation which affects our property, This decision is based upon the following
reasons,
First, some of our neighbors fear that our proposed building, placed on or near the
line of other structures in this area, might hurt their business, The church does not
agree but, rather than risk the possible appearance of being indifferent to a neighbor's
welfare, we prefer to alter our plans,
Secondly, the church is not well pleased v;ith the propsects inherent in an appeal, Tire
church of Christ will unhesitatingly commit her influence and resources to uphold the public
good, aid the distressed or defend the Christian faith, and any consequences resulting there-
from we will gladly accept. however, we are altogether unwilling to contend for that which
we believe to be church property rights when such action might possibly disturb the existing
good will among respected neighbors,
hence, tae have instructed our architect to begin anew and trust that this action will
conclude the matter to the complete satisfaction of all concerned, ;Ye extend our sincere
gratitude to those who have been so helpful and pledge ourselves to a closer interest in
matters oY local government than rue have hitherto shown.
Thank you so very kindly for your courteous and helpful efforts in our behalf,
Sincerely yours,
/S/ CIL9^LES COIL
Alayor Price informed the Council Alr, Erl.ing 1[elland, Planning Consultant, has recommended
the change of the set-back from 75' to 50' from property line, and that Rev, Coil had been
advised of the recommendation prior to his writing the letter,
Recommendations from the Planning Commission Meeting on A;arch 2, 1961, x•ere read, After
discussion of the recommendations, motion was made by :1lderman P,ov:ton, seconded by Alderman Eden:
That the following recommendations be adopted: That the request for rezoning of the Church of
Christ property located at 1450 North Missouri from C-3 to C-4 be denied, That the application of
John O'Neal to redesignate Woods Street as a~flznor thoroughfare be denied, The set-bacl: requirements
in N-1 and D;_2 Districts be changed from ',5 feet to 50 feet. Opon vote, the voting was as follows:
Aye: Aldermen: Leggett, Sims, Rowton, Bowie, Eden, and Felts.
Nay: None.
A1r. J. A, Johnson of Citizens Funeral Home and ASiss h!argaret lVooliolk of Crittenden County
Times presented their objections to a structure under construction at E, Bond and Pine Streets,
Building Inspector 1V, il, Perrino stated to the Council the structure is an oven-type structure
that does not require a building permit nor was it prohibited in a restricted Fire zone. After
discussion, the Duilding Inspector was requested to checl; further into the matter.
Mayor Price recommended to the Council the reappointment of the Board of Electric Examiners
composed of C, V, Griffin, F, Finley, Water Rimer, and 19k, A, Perrino, Aiotion was made by
Alderman Aowie, seconded by Alderman Sims: That the Board of Electric Examiners be reappoin±ed
for 1 year in accordance with Ordinance No, 40~, Llpon vote, the voting was as follows:
Aye: aldermen: Leggett, Sims, 3orvtun, Bowie, Eden, and Felts,
Nay: None,
Excerprt~s from Planning Commission Meeting on March 12, 19ti2, were read, City Attorney
Dillahunty advised the Council the designation of R.T, pertains to Resident Trailer areas,
and that R. T, Zones had not been designated on the zoning map as the Planning Consultaht;-
Erling Hell and, had left the locations of areas for Resident Trailer Parks to the discretion
of the Council, A;ayor Price informed the Council lvm, L, Johnson Company n•ould put oaved streets,
curb and :;utters, and ssxi~s in the areas as i7 a subdivision, After discussion, motion was made by
tllderman Eden, seconded by Alderman Rowton: That the recommendation of the Planning Commission
to accept plat of Broadway Park Subdivision with changes providing for 200 feet set-back in
restricted fire zone and designated area for Resident Trailer Zone be approved, Upon roll call
vote, the voting was as follows:
Aye: Aldermen: Rowton, Sims, Leggett, and Eden,
Nay: Aldermen: Bowie and Felts,
The tAayor announced the motion car tied.
Fire Chief Elmo Anderson presented Annual Report for Fire Department. A;ayor Price
commended Chief Anderson on the work of his Department,
No further business being presented, motion was made by Alderman Felts, seconded by
Alderman Leggett to adjourn, The voting was as follows;
Aye: Aldermen; Leggett, Sims, Rowton, Bowie, Eden, and Felts.
Nay: None.
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ATTEST :S.=c%'+<ib.fi.. --
CIT'I CLE R.'
APPROVED: APRIL 5, 1962