March 7, 1963S?
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL. OF THE CITY OF WEST MEMPHIS, ARKANSAS,
____ __ _
HELD AT THE CITY HALL IN SAID GITY ON-THE 7TH DAY OF McFtCp. 1961~am 1•nn P.M
I
The City Council of the City of West Memphis, Arkansas, met in a regular session in
the City of West Memphis at 3:00 o'clock P.M. on the 7th day of March, 1963. The meeting
was called to order by Mayor Bob Eden, and the following were present: Aldermen:
Kirby Leggett, Paul Matthews,_C. H. Rowton, Y. G. Sims, Francis Weis, 0. I. Bollinger,
R. C. Bowie, Earl Felts; and City Attorney W. H. Dillahunty.
Absent: None.
It being determined a quorum was present, the following proceedings were had to-wit:
Minutes of Adjourned Meeting on February 21st xere approved as read. Minutes of
Regular Meeting on February 21st were approved upon being amended to read: "Fire Chief
Elmo Anderson informed the Council T. H. McGough and Walter Rimer were the only two
remaining members of the Volunteer Department."
Mayor Eden reported on his and the City Attorney's trip to Fort Worth in regard to
the grant for the Airport.
Mayor Eden informed the Council he had received several letters commending the
Council on the passage of ordinance regulating Drive-In Theaters, and presented the
following letter:
March 2, 1963
Honorable Mayor Bob Eden
City Hall
West Memphis, Arkansas
Dear Mayor Eden:
I want to express to you and to the members of the City Council :rq• grateful appreciation
for the action taken to set forth laxs relative to the operation of drive-in theatres.
I feel that this will be a big step in the right direction to giving a better lmage to
West Memphis, not only in the eyes oY her citizens, but also in the eyes of the citizens
in surrounding towns.
I just xanted to say thanks to you for this.
Enclosed is a copy of a resolution that our Official Board passed a few weeks ago. I
neglected to send it to you at the time; I enclose it now because it will reflect the
fact that our whole church appreciates the action that you and the City Council have
taken.
Best wishes for a greater West Memphis:
Sincerely,
/S/ JIM BEAL, PASTOR
ROSEWOOD METHODIST CHURCH
Mayor Eden informed the Council Mr. R. F. Scruggs of Crittenden Memorial Hospital
has invited the City Council and City Officials to a luncheon at the hospital and a tour
of new addition to the hospital on Wednesday or Thursday of next week, the day to be
selected by the Council. After discussion it was concensus of opinion that Thursday,
March ]4, 1963, be selected.
City Attorney Dillahunty informed the Council the Utility Commission has been
working for sometime with Arkansas Power & Light Company to obtain better facilities
into West Memphis by constructing an additional line south of the present line £rom
Lehi to the new Sub-station on S. Woods Street. Also, that an Agreement had been
prepared and incorporated into the following resolution:
RESOLUTION N0. 261
BE IT RESOLVED by the City Council of the Cif of West Memphis, Arkansas, that
Hob Eden, as Mayor, and Charles F. DeGraff, as City Clerk, of the Ci$y of West Memphis,
Arkansas, be and they are hereby authorized and directed to execute an Agreement and
Easement xith the Arkansas Power & Light Company in xords and figures as follows, to wit:
"AGREEMENT AND EASEMENT
"KNOW ALL MEN BY THESE PRESENT:
"THAT, WHEREAS, Arkansas Power & Light Compac~y, a corporation, (hereinafter referred
to as the "Company"), has Yor a number of years and is nox selling electric energy to the
City of West Memphis, Arkansas, (hereinafter referred to as the "City"), and in furtherance
of its business has acquired rights of way and easements from the City and others within
the corporate limits of the City, upon which it maintains lines for the transmission of
electric poxer; and
"WHEREAS, the City has within recent years made substantial gains in population,
as well as having increased in area, which growth and enlargement have increased the
demands for electric energy in the City; and
"WHEREAS, is order to property care for the present and anticipated demands for
electric energy in the City it is necessary to firm up the power in the City's substation
at Second and Polk Avenue, xhich will necessitate the installation of a transformer
station at Woods and Polk Avenue.
"That in order to accomplish this it is necessary that additional lines of poles be
constructed by the Company within the City limits as hereinafter more particularly
described; and
"WHEREAS, the City and the West Memphis City Utility Commission have approved the
right of xay hereinafter referred to and have agreed with the Company that the contemplated
work above referred to is necessary in order for the Company to properly comply with the
terms of the contract with the City under date of 5th day of July, 1962, for furnishing
electric energy .to ;thy City;
"NOW, THEREFORE, in consideration of the premises, and subject to the conditions
hereinafter set forth, the City does hereby grant, bargain, sell, convey and warrant unto
the Company, its successors and assigns forever, a perpetual right of way and easement
in the City along the South side of Rainer Road from a point 150 feet West of the West
line of Section Twenty-three (23), Township Six (b) North, Range Eight (8) East; thence
Easterly along the South side of said Rainer Road to the edge of Lot Thirty-nine (39)
Bond's Survey of Irregular Lots, Hulbert, Arkansas, thence North and Fast across private
property to a point 30 feet Soith of the Northeast Corner of Lot Thirteen (13) Bond's
Survey of irregular lots, Hulbert, Arkansas, thence along the West side of Avalon Street
and approximately in its present 13 KV pole line alignment tc a point 200 feet more or
lees North of Washington Avenue, extended; thence crossing Avalon Street to the East side
thereof; thence proceeding North and over-building the City line along the East side of
Avalon Street to the South line of Jackson Avenue; thence East along thelSouth line of
Jackson Avenue to the West line of Woods Street; thence North along the West line of
Woods Street to the South line of Polk Avenue; thence East along the South side of Polk
Avenue to the City's 13 KV sub-station at the corner of Polk Avenue and Second Street;
with the exclusive right, privilege and authority to said Company, its successors, assigns,
lessees and tenants, to construct, erect, operate and maintain a line or lines for the
purpose of transmitting electric power or other power in, on, along, over, through, across
or under said streets, and the intersections of any other streets or alleys which may cross
said named and designated streets and avenues, to the extent only that same may be necessary
in the enjoyment of the rights and privileges granted in and to said named and designated
streets and avenues; the rights of way here granted to be sufficient in width for the proper
construction and maintenance according to the standard now or hereafter maintained by the
Company for lines of the character presently contemplated or deemed advisable in the future
by the Company.
"Together with the right to said Company, its successors and assigns, to place, erect,
maintain, inspect, add to the number of, and relocate at will, poles, towers, cross-arms or
fixtures, and string wires and cables, adding thereto from time to time, across, through,
under or over, the designated portion of said streets, avenues and alleys; to cut and
remove therefrom any trees or overhanging branches or other obstructions which may endanger
the safety or interfere with the use of said poles and towers or fixtures or wires attached
thereto, or structures on said rights of way; and to remove and replace at~y poles now owned
by the City, which may be necessary or desirable in the opinion of the Company in the location
or maintenance of its said line. It is expressly agreed and understood, without limiting the
generality ~Qf the above, that if the original location of the easement, and the distribution
or transmission line, or lines, to be located thereon, should at a future time be needed for
public travel, the Company shall in that event have the right to relocate the line to the
outside of the dedicated street as then defined.
'There is attached hereto, marked "Exhibit A", and made alpart hereof, a drawing of the
proposed location of said lines, which the Company agrees to complete as soon as practicable
and not later than June 2$, 1963.
"It is further expressly agreed and understood:
"(a) That the company has heretofore at considerable exprense acquired certain
valuable rights and privileges in and to property within the corporate limits of the
City where its lines are presently located and that the Company does not by this
agreement, or by any action taken thereunder, release, relinquish or abrogate said
rights and privileges, or anY of them, but on the contrary reserves all present rights.
"(b) That any damage done to the streets or avenues by the Company in the course of
the contemplated construction, or the maintenance of such lines after construction is to
be repaired at the Company's expense.
"(c) That the electric facilities of the Company built on the easement herein
granted will not be used, without the prior written consent of the City, to serve anyy
user of electric power within the City of West Memphis not presently being served by the
Company under prior agreements or authority.
"This instrument is executed in three counterparts, each of which shall be considered
an original.
"IN WITNESS WHEREOF, the City of West Memphis has caused these presents to be executed
by its Mayor and its City Clerk, thereunto duly authorized by proper resolution in writing
approved by a majority of the City Council present and participating, and the Arkansas Power
& Light ComparLy, a corporation, has caused these presents to be executed by its President
and Secretary, and its corporate seal to be affixed pursuant to proper resolution of its
Board of Directors, this 7th day of March, 19b3.
CITY OF T MEM ~ S, ARKANSAS
BY
ayor
ATTFS~/2 T s._.,,
-;~/~ U~ ,, i ~//,'
ss`..~~ i y er
ARKANSAS POWER & LIGHT C@SPANY
By
President
ATTEST:
ecre cry
And to do ar{y and all things that may be necessary in furtherance thereof.
After discussion, motion was made by Alderman Hollinger, seconded by Alderman Matthews:
That the Resolution as presented be adopted. Upon vote, the voting was as follows:
Yes: Aldermen: Leggett, Matthews, Rowton, Sims, Weis, Bollinger, Bowie, and Felts.
No: None.
Alderman Rowton introduced an ordinance entitled: "An Ordinance To Provide Incentive
Compensation Increases For Municipal Employees; To Repeal All Ordinances In Conflict
Therewith And For Other Purposes" which was read in full by Alderman Leggett.
Alderman Sims then 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 Bollinger;
and on the roll being called the wting was as follows:
Yes: Aldermen: Leggett, Matthews, Rowton, Sims, Weis, Bollinger, Bowie, and Felts.
No: None.
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 Felts then moved that the
ordinance as read be adopted. This motion was duly seconded by Alderman Wets, and on the
roll being called the wting was as follows:
Yes: Aldermen: Leggett, Matthews, Rowton, Sims, Weis, Bollinger, Bowie, and Felts.
No: None.
The ordinance having been adopted, attention was called to the £act that Section t:,
the emergency section, must be adopted upon a separate roll call in order to be effective.
Alderman Bowie then read Section L: again. Alderman Rowton moved that Section Lt be adopted.
This motion was duly seconded by Alderman Matthews, and on roll call the following voted:
Yea: Aldermen: Leggett, Matthews, Rowton, Sims, Weis, Bollinger, Bowie, and Felts.
No: None.
The Mayor then declared 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:
ORDINANCE N0. 434
AN ORDINANCE TO PROVIDE INCENTIVE COMPENSATION INCREASES FOR MiTNICIPAL EMPLOYEES; TO REPEAL
ALL ORDINANCES IN CONFLICT THEREWITH AND FOR OTHER PURPOSES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS:
SECTION 1. All municipal employees frith five (5) or more continuous years of employment
With the City of West Memphis shall be entitled to an increase of five (5) percent of their
base pay.
SECTION 2. All municipal employees after completion of five (5) years or who have already
completed five (5).years or who have already completed five (5) years of continued employment
With the City of West Memphis shall be entitled, in addition to the increase provided in Section 1,
to a one (1) percent increase of their base pay each year thereafter for the next ten (10) years
but in no event shall the increase or increases under this ordinance exceed a total of fifteen
(15) percent of such employees base pay.
SECTION 3. All ordinances or parts of ordinances in conflict herewith are repealed.
SECTION 4• This ordinance being necessary for the immediate preservation of the public
peace, welfare, safety and health, an emergency is hereby declared to exist and this ordinance
shall be in full force and effect immediately after its passage and approval.
The Mayor brought to the Council's attention Notice for Bids for Workmen's Compensation
and Public Liability should be advertised. After discussion the Mayor and City Clerk were
authorized to have Notice For Bids for Workmen's Compensation and Public Liability, and Public
Liability and Property Damage covering Fleet published for bids to be received on March 28, 1963.
Alderman Francis Weis xas appointed by Mayor Eden as a member of the Firemen's Board to
replace Kirby Leggett, who was serving on a temporary basis.
Alderman Bowie brought to the Council's attention the Hospital Ballfield should be put in
shape as soon as possible. Mayor Eden advised he had the City Engineer prepare an estimate o£
cost to have a ~ inch sandy loam cover placed on the ballfield, and the cost would be
approximately $$00.00 to $600.00. Alderman Bollinger offered to disc the bal]field.
No further business, being presented, motion was made by Alderman Rowton, seconded by
Alderman Bowie to adjourn the meeting. Upon vote, the voting was as follows:
Yes: Aldermen: Leggett, Matthews, Rowton, Sims, Weis, Hollinger, Bowie, and Felts.
No: .None.
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APPROVED: MARCH 21, 1963