August 15, 1963__ MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CTTY OF WEST MEMPHIS, ARKANSAS,
HELD AT THE CITY HALL IN SAID CITY ON THE 15TH DAY OF AUGUST, 1963, AT 3:00 P.M.
The City Council of the City of West Memphis, Arkansas, met in regular session at its
regular meeting place in West Memphis, Arkansas, at 3:00 o'clock P.M. on the 15th day of
August, 1963. There were prexent: Mayor Eden, Aldermen: R. C. Bowie, Earl Felts,
Kirby Leggett, Paul Matthews, Y. G. Sims, C. H. Rowton, and F. C. Weis; and City Attorney
W. H. Dillahunty.
Absent: Alderman: 0. I. Bollinger.
It being determined a quorum was present, the folloxing proceedings were had to-wit:
Minutes of Council Meeting on August 1, 1963, xere approved as read.
Alderman Hollinger made a delayed appearance at the meeting.
Mayor Eden informed the Council the County Court of Crittenden County, Arkansas, on
August 1, 1963, issued its order granting petition for annexation of land north of the
present City Limits xhere the Holiday Inn is constructed and an area zest of Rich Road and
south of Interstate Highway 1~0. After discussion, Alderman Rowton introduced an ordinance
entitled: "An Ordinance Annexing The Fractional Part Of Sections 1 and 2, Township 6 North,
Range 8 East, More Particularly Described Aa Folloxa: That Part 8f Section 1, Township 6
North, Range 8 East, More Particularly Described As Follows: Beginning At The East Quarter
Corner Of Said Section 1, Said Point Being On The Existing City Limits Of The City Of
bleat Memphis, Arkansas, Thence West Along The Existing City Limits Thru The Center Of
Section 1 To The North Right Of Way Line Of Interstate Highways 1:0 And 55, Thence In An
Easterly Direction Along The North Right Of Way Line Of Interstate Highways ly0 and 55 To
The East Line Of Section 1, Thence South Along The East Line Of Section 1 To The Point Of
Beginning; And
That Part Of Section 2, Township 6 North, Range 8 East, More Particularly Described As
Follows: Beginning At The Southeast Corner Of Said Section 2, Thence West Along The
South Line Of Section 2 To The West Line Of The Southeast Quarter Of Section 2, Thence
North Along Said bleat Line To The North Right Of Way Line Of Interstate Highway 1~0, Thence
Northeasterly Along The North Right Of Way Line To The East Line Of Section 2, Thence South
Along The East Line Of Section 2 To The Point Of Beginning" which xas read in full by
Alderman Weis.
Alderman Sims then moved that the rule requiring the reading in Pull of an ordinance
on three different days be dispensed xith. The motion xas seconded by Alderman Bollinger,
and on the roll being called the voting was as follows:
Yes: Aldermen: Bowie, Felts, Leggett, Matthews, Sims, Rowton, Weis, Bollinger.
No: None.
The Mayor declared 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 Matthews
then moved that the ordinance as read be adopted. This motion xas duly seconded by
Alderman Felts, and on the roll being called the voting was as follows:
Yes: Aldermen: Bowie, Felts, Leggett, Matthexe, Sims, Rowton, Weis, Bollinger.
No: None.
The Mayor declared that the ordinance had been adopted, and then called attention to the
fact that Section 2, the emergency section, must be adopted upon a separate roll call in order
to be effective. Alderman Bowie then read Section 2 again. Alderman Leggett moved that
Section 2 be adopted. This motion xas duly seconded by Alderman Bollinger, and on roll call
the folloxing voted.
Yea: Aldermen: Bowie, Felts, Leggett, Matthews, Sims, Roxton, Wag, Bollinger.
No: None.
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 xas attested by
the City Clerk under the seal of the City.
The ordinance read as follows:
ORDINANCE N0. 440
AN ORDINANCE ANNEXING THE FRACTIONAL PART OF SECTIONS 1 AND 2, TOWNSHIP 6 NORTH, RANGE 8
EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
THAT PART OF SECTION 1, TOWNSHIP 6 NORTH, RANGE 8 EAST, MORE PARTICULARLY DESCRIBED AS
FOLLOWS: BEGINNING AT THE EAST QIIARTER CONI~i OF SAID SECTION 1, SAID POINT BEING ON THE
EXISTING CITY LII~SIITS OF THE CITY OF WEST MEMPHIS, ARKANSAS, THENCE WEST ALONG THE EXISTING
CITY LIMITS THRU THE CENTER OF SECTION 1 TO THE NORTH RIGHT OF WAY LINE OF INTERSTATE HIGHWAYS
40 AND S5, THENCE IN AN EASTERLY DIRECTION ALONG THE NORTH RIGHT OF WAY LINE OF INTER~ITE
HIGHWAYS 1:0 AND 55 TO THE EAST LINE OF SECTION 1, THENCE SOUTH ALONG THE EAST LINE OF SECTION 1
TO THE POINT OF BEGINNING; AND
THAT PART OF SECTION 2, TOWNSHIP 6 NORTH, RANGE 8 EAST, MORE PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 2, THENCE WEST ALONG THE SOUTH LINE OF
SECTION 2 TO THE WEST LINE OF THE SOUTHEAST QUARTER OF SECTION 2. THENCE NORTH ALONG SAID
WEST LINE TO THE NORTH RIGHT OF WAY LINE OF INTERSTATE HIGHWAY 40, THENCE NORTHEASTERLY ALONG
THE NORTH RIGHT OF WAY LINE TO THE EAST LINE OF SECTION 2, THENCE SOUTH ALONG THE EAST LINE OF
SECTION 2 TO THE POINT OF BEGINNING.
WHEREAS, on the 13th day of May, 1963, oxners of the above described land filed a petition
in the County Court of Crittenden County, Arkansas, for annexation of said land to the City of
West Memphis; pursuant to the petition, the County Court on the 18th day of June, 1963, heard
said potion and issued its order granting the petition for annexation of said land to the
City of West Memphis; that no objections were filed and on the 1st day of August, 1963 (a day
more than 30 days after the original order of annexation), a final order of annexation xas
entered by the County Court; and
WHEREAS, it xould be to the best interest of the City of West Memphis and the citizens
thereof that said property be annexed to the City of West Memphis; NOW, THEREFORE
BE IT ORDAINID BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS:
SECTION 1: That the following described land, to xit:
That part of Section 1, Township 6 North, Range 8 East, more particularly described
as follows: Beginning at the east quaxher corner of said Section 1, said point being
on the existing city limits of the City of West Memphis, Arkansas, thence rest along
the existing city limits thru the center of Section 1 to the north right of xay line
of Interstate Highways 40 and 55, thence in an easterly direction along the north
right of xay line of Interstate Highways 40 and 55 to the east line o£ Section 1,
thence south along the east line of Section 1 to the point o£ beginning, and
That part of Section 2, Township 6 North, Range 8 East, more particularly described
as £olloxs: Beginning at the southeast corner of said Section 2, thence zest along
the south line of Section 2 to the rest line of the southeast quarter of Section 2,
thence north along said zest line to the north right of xay line of Interstate
Highxay 40, thence northeasterly along the north right of way line to the east line
of Section 2, thence south along the east line of Sectbn 2 to the point of beginning,
be, and the same is, hereby annexed and incorporated into the City of West Memphis,
Crittenden County, Arkansas.
SECTION II: EMERGENCY CLAUSE - It is hereby ascertained and declared to be a fact
that said is in the process of development; that the extension of the city limits
represents the natural groxth of the City of West Memphis, and that the passage of this
ordinance is in the interest of the public peace, health, safety and welfare of the
citizens of West Memphis; therefore, an emergency is hereby declared to exist, and this
ordinance shall be in full force and effect from and after its passage and approval.
SECTION III: COPY OF ORDINANCE FILED FOR RECORD - A copy of this ordinance, xhen
duly certi i~~y the City Clerk, shall be aub~ect to being filed for record in the office
of the Circuit Clerk and Ex-Officio Recorder within and for Crittenden County, Arkansas.
Commission
Mayor Eden brought to the Councils attention the regular Planning/Meeting date of
September 12th would conflict xith the Crittenden County Bar Association Picnic, and as
a number of the Attorneys will have hearings before the Commission on the next date it
is in session request had been made to consider changing the date of the September meeting[
Thereupon, motion xas made by Alderman Roxton, seconded by Alderman Howie: That the
September Meeting of the Planning Commission be set for September 5, 1963, at 5 P.M. Upon
vote, the voting was as follows:
Yes: Aldermen: Bowie, Felts, Leggett, Matthews, Sims, Rowton, Weis, and Bollinger.
No: None.
The following letter was presented:
Mayor Bob Eden
and City Council
City of West Memphis
West Memphis, Arkansas
Gentlemen:
I sincerely regret the necessity of this letter requesting your acceptance
of my resignation as a member of the West Memphis Utility Commission, but press of
business and ~ inability to be in toxn on many occasions makes this necessary.
It has been ~ extreme privilege and pleasure to work and serve xith the
other members of the Ccmmiasion and I sincerely hope my service has been some small
contribution to the City.
Sincerely yours,
/S/ W. K. "BILL" INGRAM
After discussion motion was made by Alderman Sims, seconded by Alderman Matthexs: That
resignation of W. K. Ingram as a member of the Utility Commission be accepted. Upon vote,
the voting xas as folloxs:
Yes: Aldermen: Bowie, Felts, Leggett, Matthexs, Sims, Rowton, Weis, and Bollinger.
No: None.
Mayor Eden suggested to the Councll that in the future appointment of Utility
Commissioners, the Council consider recommendations of the Utility Commissioners, and
that this be the policy to be folloxed for appointments. The Council would have final
approval oP any appointment.
Mayor Eden informed the Council the installing of xater lines in subdivisions is
working a financial burden on the City and Utility Commission, and that Ordinance No. 412
provides that the City may require the subdivider or developer to pay for such installation,
and that same may be refunded by the City. The Mayor brought to the Council's attention
that after a study of requirements of other cities in Arkansas, it had been ascertained that
the subdivider or developer is required to install xater lines; also that the installations
would be under the City's specifications and requirements. After discussion, Alderman Bollinger
introduced the following Resolution and moved that the Resolution be adopted:
RESOLUTION N0. 267
A RESOLUTION TO PROVIDE FOR INSTALLATION OF WATER LINES IN SUBDIVISIONS HY SUBDIVIDERS AND
TO PRWIDE FOR REPAYMENT OF SAME HY THE CITY OF WEST MEMPHIS, ARKANSAS.
WHEREAS, the cost of installing xater lines in subdivisions has created a financial
burden on the City, and
WHEREAS, Ordinance No. 412 provides that the City may require the subdivider or
developer to pay for such installation and further provides that same may be refunded by
the City, and
WHEREAS, it would be to the best interest of the citizens and the City of West Memphis
Por such initial installation to be paid by the developer and subdivider and a refund of
ten (10) per cent to be paid to the developer and subdivider by the City of Weat Memphis
over a period of l0, years from the date of the installation and approval by the City;
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Weat Memphis that all
installations of water lines not hereto fore approved for subdivisions be installed at the
expense of the developer or subdivider.
HE IT FURTHER RESOLVED that such costs be refunded by the City of West Memphis to lthe
developer or subdivider at the rate of ten (10) per cent per annum until paid.
The motion was seconded by Alderman Weis, and upon vote, the voting was as folloxs:
Yes: Aldermen: Howie, Felts, Leggett, Matthexs, Sims, Roxton, Weis, and Bollinger.
No: None.
City Attorney Dillahunty informed the Council in investigating the issuance of bonds
for construction of incinerator and two community centers, the Bond Approving Attorneys had
advised that the two matters could not be combined, and that a revenue bond issue xould have
to be for the purchase of land and construction of the incinerator only. Thereupon a new
contract had been submitted by Trulock & Compar~y as follows:
City of West Memphis
Crittenden County, Arkansas
Gentlemen:
To assist you in financing the cost of an incinerator through issuance of bonds in the
principal amount of approximately $100,000, xe will prepare and submit schedules for your
use in determining the amount, annual requirements, coverage and maturity to best fit your
program.
We will employ bond attorneys for preparation of all proceedings, and to advise on the
legality of the issue.
We will pay the cost of the Approving Attorney, Trustee, and the cost of printing the bonds
and all publications of notices and ordinances. If, for at~y reason, the bonds are not
issued, the City will be under no oblication for such expenses or for our services.
We xill guarantee the sale of the bonds at a rate of 3.$0~ with the City to receive 100 cents
on the dollar and we will receive aRy premium bid.
The bonds will be secured by and primarily payable from legally pled ed funds derived from
sanitation and utility revenues in an amount sufficient to provide 1~ times coverage o£
annual debt service requirements.
The buyer will have the usual privi3ege of converting the bonds to a lower rate or rates,
provided the City pays no more and receives no less and subject to the approval of the City.
The bonds are to be dated 9/1/63 and mature 9/7f65-74, with the City having the option of
calling the bonds in inverse numerical order with surplus revenues only through 9/1/68,
provided that First there shall be established and maintained a reserve in the bond fund
of $12,000; and after 9/1/68, with funds from arty source.
We attach our check for $2,000 to be returned uncashed upon delivery of the bonds to us, or
to be cashed by the City as full liquidated damages in the event xe withdraw or refuse to
complete this proposal. The bonds will be delivered within 60 days, or thereafter at our
option.
Respectfully submitted,
TRUTACK & COMPANY, INC.
By/S/ JOHN A. FOGLEMAN, JR.
August 7, 1963
Accepted:
CITY OF WEST MEMPHIS
Date 1963
By Mayor
By City Clerk
After discussion, motion was made by Alderman Matthews, seconded by Alderman Bowie that the
Mayor and City Clerk be authorized to accept proposal of Trulock & Company, Inc as presented.
Upon vote, the voting xas as follows:
Yes: Aldermen: Bowie, Felts, Leggett, Matthews, Sima, Rowton, Fbis, and Bollinger.
No: None.
The City Attorney stated other methods of financing the co:mnunitp centers are being studied.
Fire Chief Elmo Anderson requested a ruling on action of the Fire Department in answering
calls outside the City Limits. After discussion, the Fire Chie£ was authorized to answer alarms
to areas adjacent to city limits if the area is in process of being annexed to the City, and to
the Municipal Airport after construction is accepted by the City.
Mayor Eden advised the Council bids for sewer construction will be received at 2 P.M.
August 20, 1963, thereupon, motion was made by Alderman Leggett, seconded by Alderman Rowton:
That the meeting be adjourned until 2 P.M. Tuesday, August 20, 1963. Upon vote, the voting
was as follows:
Yes: Aldermen: Bowie, Felts, Leggett, Matthews, Sims, Rowton, Weis, and Bollinger.
No: None.
!.'n,
YOR
ATTEST:
CITY CLERK
dPPROVID