August 16, 196234
A;INUTES OF A REGULAR A4EETING OF THE CITY COUNCIL OF SHE CITY OF WEST N~A'iYHIS, ARKANSAS,
HELD AT T_i1~~Y HALL IN SAID CITY ON THE 16TH DAY OF AUGUST. 1962, AT x:10 P.M. _
The City Council of the City of West Memphis, Arkansas, met in a regular session in the
City of West Memphis at 3:10 P.A:. on the 16th day of August, 1962. The meeting was called
to order by City Clerk Charles F. DeGraff in the absence of Mayor Howell B. Price. The
following Aldermen were present: Y. G. Sims, 0. I. Bollinger, R. C. Bowie, Kirby Leggett,
and Paul Aiatthews; and City Attorney W. H. Dillahunty.
Absent: Mayor Howell B. Price and Aldermen: C. H. Rowton and Earl Felts.
It being determined a qu a~um was present, the following proceedings were had to-wit:
City Clerk Charles F. DeGraff announced the first order of business would be an ~
election far a President Pro Tempore due to the absence of the Mayor. Motion was made by I
Alderman Bollinger, seconded by Alderman Leggett: That Alderman R. E. Eden be elected ~!
President Pro Tempore. Upon vote, the voting was as follows: l
Aye: Aldermen: Sims, Bollinger, Eow1e, Leggett, and ?Matthews. 'I
No: None. ,III,
Alderman C. H. Rowton made a delayed appearance at the Council Aieeting.
Application of N:rs. L. G. Davis of 485 Stewart Street to build an addition of one
room and bath 26 x 15 tc her residence, addition to be used as a den. Airs. Davis was
Aresent and informed the Council she has operated a licensed kindergarten at her home
for several years, and she will move her living room to the addition and conduct the
kindergarten in the present living room. The Council was advised the present operation
is a non-conforming use in a residential area, however, if the residence is sold could
not be used as a kindergarten. After discussion with the Building Inspector and
City Attorney, motion was made by Alderman Bollinger, seconded by Alderman Matthews:
That application of Mrs. L. G. Davis, b85 Stewart Street to construct an addition for a
den be approved. Upon vote, the voting was as follows:
Aye: Aldermen: Sims, Bollinger, Bowie, Leggett, Aiatthews, and Rowton.
No: None.
President Pro Tempore Eden informed the Council the City is in need of additional
stop and yield right of way signs in the area included in Improvement District No. 5,
City Engineer Tommy Bond stated the City has purchased a machine to reface a number of
old signs, approximately y0 Yield Right 0£ 'vlay Signs and 65 Stop Signs are needed the
cost will be X575.60. Also, the streets are to be designated as follows:
8th Street A Thru Street
Jackson Street A Thru Street with exception of 4 Way Stop Signs at liyth and 16th.
11th and 16th Streets North and South of Jackson to be Thru Streets
11th Street Thru Street North of Jackson to Broadway.
After discussion, motion was made by Alderman Bollinger, seconded by Alderman Rowton:
That the Engineering Department be authorized to purchase sign material in amount of
X575.60, and locate signs as designated. Upon vote, the voting was as follows:
Aye: Aldermen: Sims, Bollinger, Bowie, Leggett, Aiatthews, and Rowton.
No: None.
An ordinance entitled "An Ordinance To Amend Ordinance No. 415 Which Is Entitled
An Ordinance For The Adoption Of The Arkansas State Plumbng Code Which Code Promulgates
Rules And Regulations Of The State Hoard Of Health Governing The Construction,
Installation And Inspection Of Plumbing And Drainage, Authorizing The City Inspector To
Enforce Said Code And Providing For Punishment For Violations Of Such Regulations, And
For Other Purposes" read the first time on July 19th and second time on August 2nd was
read the third time. Alderman Matthews moved that the ordinance as read be adopted.
This motion was duly seconded by Alderman Leggett, and on the roll being called the
voting was as follows:
Aye: Aldermen: Sims, Bollinger, Bowie, Leggett, Matthews, and Rowton.
No: None.
The Mayor Pro Tem then declared that the o_*dinance had been duly passed, and
thereupon he signed the ordinance in open Council meeting, his signature was attested
by the City Cleric under the seal of the City. Upon vote, the voting was as follows:
Aye: Alder~ren: Sims, Hollinger, Bowie, Leggett, Matthews, and Rowton.
No: None.
After discussion, City Attorney Dillahunty and Building Inspector Perrino were authorized to
give Notices for instituting condemnation proceedings.
President Fro Tempore Eden informed the Council the Flapping Commission on September 13, 1962,
had recommended the replatting of Lots 7-12, Block 12 and Lots 11-22, Block 13, Richland
Subdivision in the City cf West Iwiemphis as requested by the owners pf the property. The replat pf
the property was presented by Attorney Ralph Sloan.
Alderman 0. I. Bollinger made a delayed appearance at the Council N.eeting.
An ordinance entitled "An Ordinance Replatting Lots 7-12, Block 12 and Lots 11-22, Block 13,
Richland Subdivision In The City Of ~:1est Plemplis" was introduced by Alderman Rotirton, the
ordinance was read in full by Alderman Sims.
Alderman Piatthews then moved that the rule requiring the reading in full o£ an oid nance en
three different days be dispensed with. The motion eras seconded by Alderman Felts, and on the
roll being called the voting was as £ollors:
Aye: Aldermen: Felts, Leggett, i:at,thews, Sims, Row•Eon, Bollinger.
No: None.
Fro Tem
The Dlayor ~feclared that more than two-thirds of the members composing the Council had voted
in favor of the motion to suspend the rule and that it was carried. Alderman Leggett moved that
the ordinance as read be adopted. This motion was duly seconded by Alderman Bollinger, and on
the roll being called the voting was as follows:
Aye: Aldermen: Felts, Leggett, 1`iatthews, Sims, Rowton, Bollinger.
No : Plone .
Pro Tem
The Nayor/declared that the ordinance had been adopted, and then called attention to the
fact that Section 3, the emergency section, must be adopted upon a separate roll ca'_1 in order
to be effective.
Alderman Rowton then read Section 3 again. Alderman Sims moved that Section 3 be adopted.
This motion was duly seconded by Alderman Felts, and or. roll call the folio,-ring voted:
Aye: Aldermen: Felts, Leggett, iiatthews, Sims, Rowton, Bollinger.
No: None.
Pro Tem
The Mayor/then declared that the ordinance and the emergency section 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 read as follows:
OFS:IId.1NCE NO. iy26
AN OiLTJINANCE REPLAT'PING LOTS 7-12, BLOCi: 12 AI1D LOTS 11-22, BLOCS 13, RICH"r1ND SUBDIVISION IN
THE CITY OF WEST MET`3HIS
'JIHEREAS, on September 13, 1962, the matter of replatting Lots 7-12, Block 12 and Lots 11-22,
Block 13, Richland Subdivision in the City of West Aerr~his, was presented to the Planning
Comunissicn of the City of West Diemphis for approval., and
uJHEREAS, the replat of Block 12 eliminates Lot 12, Block 12, thereby enlarging Lots 7-11,
as replatted, making said lots 100 feet instead of approximately 75 feet and enlarging the size
of Lots 11, 12, 13, 17, 18 and 19 cf said Block 13 and eliminating Lots 21 and 22 of said
Block 13; that all of said lots are made larger than originally platted and represents an
improvement of said subdivision, and
1~REAS, the plat of the replat of said lots provides that it is subject to the sane
limitations, restrictions and easements contained in the original bill o£ assurance dated
September 5, 1961, of record in Boole 3µ3 at page 2'05 in the office of the Circuit Cleric and
Ex-Officio Recorder of Crittenden County, Arkansas, and that said limitations and restrictions
are proper and sufficient to fully protect the interest of the City o£ We,t I~iemphis and the
inhabitants thereof, now, therefore
BE ITv.RDAINED BY THE CITY COUPJCIL OF THE CITY OF l•JST I~aiPHIS:
SECTIOId I: The replat of Lots 7-12, Block 12 and Lots 11-22, Block 13, Richland
Subdivisi~he City of West 1<;emphis as prepared by C. H. Bond on August 1, 1962, is
hereby approved.
SECTION II: Any part of any ordinance in conflict hereizth is hereby repealed.
SECTIOIJ III: EPiERGENCY CLAUSE: It appearing to the Council that the property shovm on
replat of said Lots 7-12, Block 12, and Lots 11-22, Block 13, Richland Subdivision in the
City of west N:emphis are in the process of being developed and this ordinance being necessary
£or the preservation of the public welfare, health and. safety, an emergency is hereby delayed
to exist and this ordinance shall be in full force and effect from and after its passage an3
approval.
The following Resolution was presented:
RESOLUTICid IIO. 2J:2
BE IT RFSOLV-r.D BY THE CITY COUNCIL OF THE CITY CF ~dEST A~iPHIS, ?+.RKANSAS:
That a tax o£ five (5) mills upon the dollar for general purposes, five (5) mills upon
the dollar for debt ser~.2ce, and one (1) mill upon the dollar for public city library
upon the assessed value of all real and personal property within the limits of the
Gity o£ West Aiemphis, Arkansas, be and the same is hereby levied, and the City Clerk is
hereby directed to deliver a certified copy of this Resolution to the Clerk of the County
Court of Crittenden County, to the end that said tax may be entered upon the State and
County Tax Books for the year 1952.
Ater discussion, motion was made by Alderman Bellinger, seconded by Alderman Rowton:
That the Resolution as presented be adopted. Upon vote, the voting was as follows:
Aye: Aldermen: Felts, Leggett, A°;attksas, Sims, Rowton, Bellinger.
No: None.
The following letter of resignation from Arthur Cleveland was brought to the Council's
attention:
August 11~
Honorable Howell AI. Price, Aiayor
City Hall
West Aemphis, Ark.
Your Honor:
It is with sincere and deep regret that I must resign fr:,m ~rour Airport Commnission, effective
i;runediately.
Beginning in early September my work will require that I spend extended periods out in
Idew )+~hgland. This arrangement will be for an indefinate period, but at least a year, so you
can appreciate my position.
I am sorry this has been so abrupt, but I have this opportunity and must accept.
Yours Truly,
/S/ ARTHU3 CLEVELAND
24otion was made by Alderman Leggett, seconded by Alderman Sirs: That the resignation of
Arthur Cleveland from the Airport Commission be accepted. Upon vote, the voting was as
fellows:
Aye: Aldermen: Felts, Leggett, Matthews, Sims, Rowton, Bellinger.
Ido : Idane .
President Pro Tempcre Eden advised the Council A?ayor Price had recommended the
appointment of J. C. Tennison as a member of the Airport Commission inasmuch as
I:r. Tennison has resigned his office as a member of the School Board. After a discussion
of AL. Tennison's interest in flvzng and the proposed airport, motion tires made by
Alderman Aiatthews, seconded by Alderman Rowton: That the appointment of J. C. Tennison
as a member of the Airport Commission be approved. Upon vote, the voting was as follows:
Aye: Aldermen: Felts, Leggett, A:atihews, Sins, Rowton, Bo'_linger.
No : idone .
City Attorney Dillahunty informed the Council the Utility Commission on September 8, 1952,
had discussed construction of an additiond. water well that will be needed in the near future,
and as the anticipated estimated cost brill be in excess cf the w5,000.00 expenditure authorized,
'Ehe Corunission had adop~l the following Resolution:
WHEREAS Ordinance Nc. 381 requres consent £rom the Ciiy Council on arty expenditures in
excess of Five Thousand Dollars (ij5,000.00), and
YdhIERF,F,S, the Utility Commission has determined that there is need for an additional well
to be dug for the West P~emphis water supply, and
WHERE:LS, the cost of such well will exceed the sum of Five Thousand Dollars (:~j,000.00),
NOW, THEREFC;RE, BE IT RESOLVED by th= i~t'_lity Commission that the City Council be advised
of this matter and their consent be requested for this project as provided.fer by Ordinance 3?1.
44
After discussion, motion was made by Aldermar. Rovrton, seconded by Aldernan Leggett:
That the City Attorney be instructed to prepare a Resclution ap^,re~.~ing expenditure in
excess of wS,000.00 for the water well br the Utility Commission. Upon vote, the voting
was as follovrs:
Aye: Aldermen: Felts, Leggett, 2iatthews, Sins, Rowtcn, Bcllinger.
No: None.
No f-srther business being presented, motion was made by Alder!ran Bollinger, seconded
by Alderman Felts to adjourn the meeting. Upon vote, the ~ro ting was as fello;as:
Aye: Aldermen: Felts, Leggett, Iiatthews, Sims, Rowton, Ffollinger.
No: None.
ATTEST: ~~
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AFFROVEL: OCTOBER ly, 1962
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