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June 15, 1962MINUTES OF AN ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HELD AT THE CITY HALL IN SAID CITY ON THE 15TH DAY OF JUNE, 1962 AT 3:00 P.M. - - ------ --- ----------------- The City Council of the City of West Memphis, Arkansas, met in an Adjourned Session at 3:00 o'clock P.M. on the 15th day of June, 1962, in the City Hall in said City, the regular meeting place of the City Council. There were present: Mayor Howell B. Price, City Clerk Charles F. DeGraf£, and Aldermen: R. E. Eden, Earl Felts, Kirby Leggett, Paul Matthews, Y. G. Sims, and C. H. Rowton; and City Attorney W. H. Dillahunty. Absent: Aldermen: 0. I. Bollinger and R. C. Bowie. The following Notice of the meeting having been given and accepted: T0: 0. I. Bollinger R. C. Bowie R. E. Eden Earl Felts Kirby Leggett Paul Matthews C. H. Rowton Y. G. Sims, Aldermen Of The City Of West Memphis You are hereby notified the Adjourned Sesslon of the City Council Meeting on June 7, 1962, will be called for 3 Ffi1 Friday, June 15, 1962, in City Hall in West Memphis, Arkansas, for whatever business might be presented at that time. Witness my hand this 14th day of June, 1962 /S/ HOWELL B. PRICE, MAYOR ATTEST: /S/ CHARLES F. DEGRAFF, CITY CLERK NOTICE ACCEPTID: /S/ C. H. ROWTON PAUL MATTHEWS K, LEGGETT YANCY SIMS EARL FELTS BOB EDEN 0. I. BOLLINGER ROBERT BOWIE ~u-u-uirxi-tt-u-x-x It being determined a quorum was present, the following proceedings xere had to-wit: An Ordinance entitled "An Ordinance To Rezone Portions Of Blocks D & E Of The Southcrest Subdivision To The City Of West Memphis From An M 1 Industrial Zone To An M 2 Industrial Zone" was read the third time by City Clerk Charles F. DeGraff. The ordinance having been read the first time on May 17th and the second time on June 7th. After discussion, motion was made by Alderman Eden, seconded by Alderman Matthews: That the ordinance as read be adopted. Upon vote, the voting was as follows: Ayes: Aldermen: Eden, Felts, Leggett, Matthews, Sims, Rowton. No: None. The Ordinance adopted read as follows: ORDINANCE N0. 420 AN ORDINANCE TO REZONE PORTIONS OF BLOCKS D & E OF THE SOUTHCREST SUBDIVISION TO THE CITY OF WEST MEMPHIS FROM AN M 1 INDUSTRIAL ZONE TO AN M 2 INDUSTRIAL ZONE. BE IT ORDAINID BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS: SECTION L. That lots A through L of Block D and lots A through J of Block E of the Southcrest Subdivision to the City of West Memphis, are hereby rezoned from a M 1 Industrial Zone to an M 2 Industrial Zone, and the zoning lines are extended from the Northeast corner of Lot A, Block D of said Subdivi~on along the North line of said lot to the West side of Woods Street; thence South along the West side of Woods Street to the Northwest corner of the intersection o£ Woods Street and Jackson Avenue; thence East across Woods Street and along the South line of Lot J of Block E of the Southcrest Subdivision and connecting with the present zoning lines at the Southeast corner of Lot J of Block E of the Southcrest Subdivision. SECTION II. ORDINANCES IN CONFLICT HEREWITH REPEALED: All ordinances or part o£ ordinances in conflict herew3.th are hereby repealed. SECTION III. It is found and declared by the City Council of the City of West Memphis, Crittenden County,. Arkansas, that this Ordinance is necessary for the growth and expansion of the City of West Memphis and therefore, an emergency is hereby declared to exist and this Ordinance shall be in force without delay. City Attorney Dillahunty informed the Council Mr. Abbott Widdicombe has requested ~ permission to withdraw Petition For Annexation Of Adjoining Property To Street Improvement ~ District No. 5 West Memphis, Arkansas, filed on June 7th. Motion was made by Alderman Rowton, seconded by Alderman Felts: That Mr. Abbott Widdicombe be permitted to withdraw petition i filed. Upon vote, the voting was as follows: ~~ Aye: Aldermen: Eden, Felts, Leggett, Matthews, Sims, Roxton. I~, li ~I No: None. Alderman 0. I. Bollinger made a delayed appearance at the Meeting. ~' City Attorney Dillahunty informed the Council the City of West Memphis has a water Line and afire plug which encroach on Lots 3 and 4, Block 18, Compress Addition owned by John S. King, Jr., and after much correspondence and negotiating with Attorneys £or Mr. King the following arrangement had been negotiated in the form of a Resolution. Thereupon, the following Resolution was read: RESOLUTION N0. 240 -A WHEREAS, the City of West Memphis has located on Lots 3 and 4 in Block 18 of the Compress Addition to the City of West Memphis, Arkansas, a xater line which runs Eastwardly from Rhodes Street and afire plug which encroaches on Lot 3, according to a survey prepared by Bond Engineering Company, and WHEREAS, no easements were obtained by the City for the locating or placing of said water line and fire plug on the property from John S. King, Jr., the owner of said property and WHEREAS, John S. King, Jr., the owner of said property is willing to permit said water line and fire plug to remain on the property above described until such time as the owner, his heirs or assigns have entered into a contract for the sale or development of the property at which time the City of West Memphis will be given sixty days notice to remove same at the expense of the City, and WHEREAS, such arrangment is proper for the City of West Memphis and the owner of the property. NOW, THEREFORE, HE IT RESOLVED that the Mayor be authorized to advise Mr. John S. King, Jr., by letter, that upon written notice that the present owner, his heirs or assigns have entered into a contract for the sale or development of the property, that the City of West Memphis will remove the water line and fire plug within sixty days as stated hereinabove. ,~.-h-,~,r„ N-~ After discussion, motion was made by Alderman Roxton, seconded by Alderman Eden: That the Resolution as presented be adopted. Upon vote, the voting was as follows: Aye: Aldermen: Eden, Felts, Leggett, Matthews, Sims, Roxton, Bollinger. No.: None. An Ordinance entitled "An Ordinance Assessing The Benefits In Street Improvement District No. 5 of West Memphis, Arkansas" was introduced in writing by Alderman Eden. Alderman Felts read the ordinance in full. Alderman Sims moved that the rule requiring the reading in full of an ordinance on three different days be dispensed with. The motion was seconded by Alderman Leggett, and on roll call the following voted: Aye: Aldermen: Eden, Felts, Leggett, Matthews, Sims, Rowton, Bollinger. No: None. The Mayor declared that more than txo-thirds of the members composing the Council had voted in favor of the motion to suspend the rule and that it xas carried. Alderman Bollinger moved that the ordinance as read be adopted. This motion xas seconded by Alderman Matthews, and on roll call the following voted: Aye: Aldermen: Eden, Felts, Leggett, Matthews, Sims, Rowton, Bollinger. No: None. The Mayor 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. The ordinance adopted read as follows: ?S ORDINANCE N0. 421 AN ORDINANCE ASSESSING THE BENEFITS IN STREET IMPROVEMENT DISTRICT N0. $.OF WEST MEMPHIS, ARKANSAS... WHEREAS, the owners oP more than txo thirds in value oP the real property (as shown by the last County assessment) adfoining the locality to be affected and situated in Street Improvement District No. 5 of West Memphis, Arkansas, organized for the purpose of paving .the streets set out in the petition, have petitioned the Council oP the City of West Memphis for the construction of said improvement, and that the cost thereof be assessed upon the real property in said District according to the benefits received; and WHEREAS, said benefits received by each and every block, lot and parcel of real property situated in said District equal or exceed the local assessment thereon; and WHEREAS, the estimated cost to the District of said improvement is $470,700; now, therefore, BE IT ORDAINID by the City Council of the City of Weat Memphis, Arkansas: SECTION 1. That said several blocks, lots and parcels of real property in said District be assessed according to the assessment list for said improvement district as the same nox remains in the office of the City Recorder, or as said assessment list may later be amended, and that five per centum (5~) of the assessment of each of said lots, blocks and parcels shall be collected by the County Collector with the first installment of general taxes becoming due in 1963 and annually thereafter with the first installment of general taxes until the xhole of said local assessment shall be paid. SECTION 2. This ordinance shall take effect and be in force from and after its passage. Mayor Price informed the Council the operation of the City~s airport would be conducted under an Airport Commission as provided by ate Statutes. Alderman Rowton introduced an ordinance entitled: An Ordinance Creating An Airport Commission For The City Of West Memphis, Arkansas, which xas read in full by the City Clerk. Alderman Eden moved that the rule requiring the reading in full of an ordinance on three different days be dispensed with. The motion was seconded by Alderman Felts, and on roll call the following aldermen voted: Aye: Eden, Felts, Leggett, Matthews, Sims, Rowton, Bollinger. No: None. The Mayor declared that more than txo-thirds o£ the members composing the Council had voted in favor of the motion to suspend the rule and that it was carried. Alderman Sims moved that the ordinance as read be adopted. This motion was seconded by Alderman Leggett, and on roll call the following aldermen voted: Aye: Eden, Felts, Leggett, Matthews, Sims, Rowton, Bollinger. No: None. The Mayor then called attention to the fact that Section 11, the emergency section, moat be adopted upon a separate roll call in order to be effective. The City Clerk read said section again. Alderman Bollinger moved that said emergency section be adopted. This motion was seconded by Alderman Matthews, and on roll call the following aldermen voted: Aye: Eden, Felts, Leggett, Matthews, Sims, Rowton, Bollinger. No: None. The Mayor declared that the ordinance and the emergency section had been duly passed, and thereupon he signed the ordinance in open Council meeting, his signature xas attested by the City Clerk under the seal of the City, and the ordinance No. 422 became effective immediately. The ordinance adopted read as follows: ~~ ORDINANCE N0. 122 AN ORDINANCE CREATING AN AIRPORT COMMSSSION FOR THE CITY OF WFST MEMPHIS, ARKANSAS WHEREAS, the City of West Memphis, Arkansas, is a city of the first class and owns a municipal airport which it desires to improve under authority of Act No. 175 of the Acts of the General Assembly of the State of Arkansas for the year 1959, and for that purpose desires to create an Airport Commission; now, therefore. BE IT ORDAINID by the City Council of the City of West Memphis, Arkansas: SECTION 1. That pursuant to the authority granted by Act No. 53 of the Acts of the General Assembly of the State o£ Arkansas for the year 1949 (sometimes hereinafter termed ~~Act 53"), there is hereby created an Airport Commission, to be composed o£ five citizens who are qualified electors of the municipality, and at least one of the five members shall be fully experienced in aviation, holding some type of pilot aeronautical rating, i£ the City can secure a citizen with this experience who is available and willing to serve on the Commission; otherwise this requirement x111 be xaived. SECTION 2. No member of such Commission shall hold any elective or other appointive office under the municipal, county, state, or federal government while a member of said Airport Commission, nor shall any such member be a candidate for arty elective office while a member of said Commission, nor shall any member of said Commission engage financially in arty aeronautical enterprise while a member of said Commission. SECTION 3. The Mayor is hereby authorized and directed to appoint and submit to the Council the names of five electors oY the City of West Memphis for confirmation, by a three-fourths (3/u) vote of the duly elected and qualified members of the City Council, as members of the Airport Commission, designating the ones who shall serve respectively for one, two, three, four and five years each, and thereafter, upon the expiration of their respective terms, their successors shall be appointed by the then mayor, subject to the approval of three fourths of the duly elected and qualified members of the City Council, for a term of five years, and said Commissioners shall upon their appointment and confirmation file the oath required by law in the State of Arkansas. The City Council shall have the authority to fix and prescribe the slaaries to be paid to said Commissioners. SECTION 1<. Any commissioner appointed by the provisions of said Act 53 and this ordinance may be removed upon a three-fourths vote of the duly elected and qualified members of the City Council. SECTION 5. The commissioners appointed by virtue of said Act 53 and this ordinance shall have full and complete authority to manage, operate, improve, extend and maintain the municipal airport, its related properties and facilities, and shall have Yell and complete charge of said airport, its related properties and facilities, including the right to employ or remove any and all assistants and employees of whatsoever nature, kind or character, and to fix, regulate and pay their salaries, it being the intention of this ordinance to vest in said commissioners unlimited authority to operate, manage, maintain, improve and extend said municipally owned airport, its related properties and facilities, and to have full and complete charge thereof. SECTION b. The commissioners shalladopt such rules and regulations as they may deem necessary and expedient for the proper operation and management of said municipal airport, its related properties and facilities, and shall have authority to alter, change, or amend such rules and regulations at their discretion. Said commissioners shall comply with, or cause to be complied with, all civil air regulations of the Federal and State government with regard to airworthiness of aircraft, certification of aircraft, and operation of aircraft. They shall protect all the aerial approaches to the airport insofar as it comes within their jurisdiction. SECTION 7. Said commissioners shall keep a record of all revenues and expenditures of the airport, its related properties and facilities, and shall submit monthly reports to the Mayor and City Council. It shall be the duty of the airport commissioners to prepare an annual report of the financial affairs and conditions of such municipal airport, its related properties and facilities, and to file said annual report between January 15 and the first Monday in February in the office of the City Clerk, where it shall be subject to the inspection of any citizen of the State. The report shall set out a full, detailed, complete and correct statement of all receipts of every kind since the last preceding report, showing the source thereof, and all disbursements of every kind, showing date, amount number, and purposes of each voucher, to whom issued, and the date canceled, if canceled. Said report shall show the full Financial condition of the airport, its related properties and facilities, and the status of its bonded debt, if any, and of every other detail necessary to a full and thorough understanding from such report, of the actual financial condition of such municipal airport. The report shall be verified by the airport Board of Commissioners. The commissioners shall also furnish such other and further reports, data and information as may be requested by the Mayor or City Council. 27 SECTION 8. The Board of Commissioners shall submit to the City annually, before the City prepares its budget, its estimate of the amount of funds necessary for maintenance, operation, and management of the municipal airport, its related properties and facilities, above the estimated revenue and the funds remaining on hand. SECTION 9. The said Board of Commissioners shall meet at least monthly, but other meetings may be held at any time by the Board or upon the call of the Mayor and City Council. SECTION 10. The Airport Commission shall proceed to secure plans and estimates of cost for the needed improvements to the properties and facilities of the airport in order to provide adequate space, improvements, and equipment for the proper and safe operation of the airport. SECTION 11. The City Council hereby finds that there is an immediate need for the improvement and equipment of the municipal airport, in order to protect the lives and property of the inhabitants of the City of West Memphis; therefore, an emergency exists and this ordinance, being necessary for the preservation of the public peace, health and safety, shall take effect and be in force from and after its passage. Mayor Price then presented to the Council for its consideration his xritten appointment of the airport commissioners. Thereupon, Alderman Rowton introduced a resolution entitled: RESOLUTION CONFIRMING APPOINTMENT OF AIRPORT COMMISSION which was read in full by the City Clerk. Alderman Felts moved that the resolution as read be adopted. This motion was seconded by Alderman Sims, and on roll call the following aldermen. voted: Ayes Eden, Felts, Leggett, Matthews, Sims, Rowton, Bollinger. No: None. The Mayor called attention to the fact that Section 3, the emergency section, must be adopted upon a separate roll call in order to be effective. The City Clerk read Section 3 again. Alderman Leggett moved that said emergency section be adopted. This motion was seconded by Alderman Bollinger, and on roll call the following aldermen voted: Aye: Eden, Felts, Leggett, Matthews, Sima, Rowton, Bollinger. Nc: None. The Mayor declared that the resolution and the emergency section had been duly passed, and thereupon he signed the resolution in open Council meeting, his signature was attested by the City Clerk under the seal of the City, and the resolution became effective immediately. RESOLUTION N0. 241 RESOLUTION CONFIRMING APPOINTMENT OF AIRPORT COMMISSION WHEREAS, the City Council has adopted an ordinance creating an Airport Commission for the City of Weat Memphis, and the Mayor of said City has nominated five members of the Commission, designating their terms of office; and WHEREAS, the City Council has determined that the nominees are men duly qualified to hold office under the statute authorizing an Airport Commission and are men of good judgment and good character; now, therefore, BE IT RESOLVED, by the City Council of the City of West Memphis, Arkansas: SECTION 1. That the Following men are approved by three fourths of the duly elected and qualified members of the City Council for the respective terms set after their names, to-wit: Don R. Monroe for a term of one year; Roy Strong for a term of txo years; P. G. Para for a term of three years; Arthur Cleveland for a term of four years; Dr. Z. V. Freeman for a term of five years. SECTION 2. That the men so appointed shall take and file the oath of office required by law in the State of Arkansas. SECTION 3. That the City Council hereby finds that there is an immediate need for the improvement and equipment of the municipal airport, in order to protect the lives and property of the inhabitants of the City of West Memphis; therefore, an emergency exists and this resolution, being necessary for the preservation of the public peace, health and safAy, shall take effect and be in force from and after Its passage. ~8 Mayor Price brought to the Council's attention salaries for the Airport Commissioners would not come out of operation funds of the airport in accordance with agreement with H.H.F.A., and requested an amount be designated. Motion was made by Alderman Rowton: That the compensation for Airport Commissioners be $25.00 per month. After discussion, the motion xas seconded by Alderman Leggett, and upon vote, the voting was as follows: Aye: Aldermen: Eden, Felts, Leggett, Matthews, Sims, Roxton, and Hollinger. No: None. No further business being presented, motion xas made by Alderman Felts, seconded by Alderman Sims, that the meeting be adjourned. Upon vote, the voting xas as follows: Aye: Aldermen: Eden, Felts, Leggett, Matthews, Sims, Rowton, and Bollinger. No: None. ATTES C APPROVID: JUNE 21, 1962