October 17, 1963I~SNUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPH7R, ARKANSAS,
HELD AT THE CITY HALL IN SAID CITY ON THE 17TH DAY OF OCTOBER 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 17th day of
October, 1963. There were present: Mayor Bob Flea, and Aldermen: Paul Matthews,
Y. G. Sims, C. H. Rowton, F. C. Weis, 0. I. Bollinger, R. C. Bowie, Kirby Leggett; and
City Attorney W. H. Dillahunty.
Absent: Alderman Earl Felts.
It being determined a quorum was present, the following proceedings were had to-wit:
Ndnutes of Council Meeting on October 3, 1963, were approved as read.
Alderman Felts made a delayed appearance at the meeting.
Mayor Eden announced the first order of business would be receiving of bids for one
tractor with front end loader as per Notice for bids published October 3, 1963, in the
Evening Times. The Mayor stated the bids would be opened then referred to a committee
composed of Aldermen Bollinger, Weis, and Rowton to ascertain which tractor would be
better suited for work at the City's incinerator. The bids received were as follows:
Crittenden Implement Co. $3,796.71
Arkansas Tractor Co. 1:,499.00
Russell Tractor Co. 4,014.92
International Harvester Co. 3,334.91 (Plus State Sales Tax)
After discussion, motion was bade by Alderman Leggett, seconded by Alderman Matthews:
That the Committee review the bide and determine which tractor is better suited for the
City's purposes, and ward the bid. Upon vote, the voting was as follows:
Yes: Aldermen: Matthews, Sims, Rowton, Weis, Bollinger, Bowie, Leggett, and Felts.
No: None.
Mayor Eden informed the Council the following letter had been received:
September 20, 1963
The City of West Memphis
West Memphis, Arkansas
Re: Location 112-148-A
106 West Broadxay
West Memphis, Arkansas
Gentlemen:
Please refer to that certain Lease Agreement between you as Lessor and Mid-South Oil
Compar~q as Lessee dated June 7, 1954 and assigned to The Pure Oil Company by Assignment
of Leases dated December 1, 1954, covering a strip of land 30' x 30' x 30' ad3acent to
our service station location at 106 West Broadway, West Memphis, Crittenden County,
Arkansas, the oroginal term of which expires on May al, 1964. This letter is to notify
you that The Pure Oil Company hereby exercises its option to extend for a perind of ten
years, commencing on the 1st day of June, 1964 and ending on the 31st day of May, 1974,
the above referred to Lease under the same terms and conditions as net forth in said
Lease for the original term.
Please ackiwwledge receipt of this notice by dating and signing the enclosed copy
hereof in the space indicated and return to us.
Yours very truly,
THE PURE OIL COMPANY
BY
Authorized Agent
sirs-x-r
City Attorney W. H. Dillahunty advised the Council he had checked the original lease
and it contained an option to extend the lease for an additional ten years under the same
rents of $2$0.00 for the term. If the City has a valid governmental need for said premises
within the next ten years the City shall have the right to cancel the lease by giving
ninety days notice. After discussion, motion was made by Alderman Rowton, seconded by
Alderman Leggett: That the Mayor be authorized to sign agreement extending the Lease.
Upon vote, the voting was as follows:
Yes: Aldermen: Matthews, Sims, Rowton, Weis, Bollinger, Bowie, Leggett, and Felts.
No: None.
The Mayor informed the Council an ordinance for annexation of property owned by
McCarley-Rainer, Incorporated, had been prepared for consideration of the Council.
Thereupon, Alderman Rowton introduced the ordinance entitled "An Ordinance Annexing The
Following Described Real Estate Lying And Being Situate In The County Of Crittenden,
State of Arkansas, To-Wit: All Of The East 860 Feet Of The Northwest Quarter (NW4)
Of Section Thirteen (13), Township Six (6) North, Range Eight (8) East, Lying South
Of The Right Of Wap Of U. S. Highway No. 70; Also The Eaet 860 Feet Of The North $50
Feet Of The Southwest Quarter (SW4) Of Section Thirteen (13), Township Six {6) North,
Range Eight (6) East," which was read in full by Alderman Matthews.
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 Weis and on the roll being called the voting xae as follows:
Yes: Aldermen: Matthews, Sims, Roxton, Weis, Bollinger, Bowie, Leggett, and Felts.
No: None.
The Ma~gor 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 Bollinger then moved that the ordinance as read be adopted. This motion xas
duly seconded by Alderman Bowie, and on the roll being called the voting was as follows:
Yes: Aldermen: Matthews, Siena, Rowton, Weie, Bollinger, Bowie, Leggett, and Felts.
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 Leggett then read Section 2 again. Alderman Rowton moved that Section 2
be adopted. This motion was duly seconded by Alderman Sims, and on roll call the
following voted:
Yee: Aldermen: Matthews, Sims, Rowton, Weis, Bollinger, Bowie, Leggett, and Felts.
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 was
attested by the City Clerk under the seal of the City.
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ORDINANCE N0. L1;3
AN ORDINANCE ANNEXING THE FOLLOWING DESCRIBED REAL ESTATE LYING AND BEING SITUATE IN THE
COUNTY OF CRITTENDEN, STATE OF ARKANSAS, TO-WIT:
ALL OF THE EAST 860 FEET OF THE NORTHWEST QIIARTER (NW4) OF SECTION
THIRTEEN (13), TOWNSffiP SIX (6) NORTH, RANGE EIGHT (8) EAST, LYING
SOUTH OF THE RIGHT OF WAY OF U. S. ffiGAWAY N0. 70; ALSO THE EAST
860 FEET OF THE NORTH SSO FEET OF THE SOUTHWEST QUARTER (SW4) OF
SECTION THIRTEEN (13 ), TOWNSffiP SIIC (6), RANGE EIGRT (8) EAST.
WHEREAS, on the 13th day of August, 1963, owners of the above described land
filed a petition in the County Court of Crittenden County, Arkansas; pursuant to the
petition and issued its order granting the petition Yor annexation of said land to the
City of West Memphis; that no objections were filed and on the 17th day of October,
1963, (a day more than 30 days after the original order of annexation) a final order of
annexation was entered by the County Court; and
WHEREAS, it would be to the beat 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 I: That the following described land lying and being situate in the
County of tten en, State oY Arkansas, to-wit:
All of the East 860 feet of the Northwest Quarter
(NW4) of Section Thirteen (13), Township Six (6)
North, Range Eight (8) East, lying South of the
right of way oP U. S. Highway No. 70; also the East
860 feet of the North S$0 feet of the Southwest
Quarter (SW4) of Section Thirteen (13), Township
Six (6) North, Range Eight (8) East;
be and the same is hereby annexed and incorporated into the City of West Memphis, Arkansas.
SECTION II: EMERGENCY CLAIISE - It is hereby ascertained and declared to be a
fact that said land is in the process of development; that the extension of the city limits
represents the natural growth 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, when
duly certified by the City Clerk shall be subject to being filed for record in the office
of the Circuit Clerk and Ex-Officio Recorder within and for Crittenden County, Arkansas,
and atLy other office in which there may be necessity for filing same.
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Mayor Eden brought to the Council's attention the Arkansas Municipal League Meeting
will beheld in Hot Springs November ~-9, which rrould conflict with the regular meeting
date of the Council. After discussion, motion was made by Alderman Sims, seconded by
Alderman Matthews: .That the Regular Meeting Date of Council be changed from November 7th
to Wednesday, November E, at 3:00 P.M. Upon vote, the voting was as follows:
Yea: Aldermen: Matthews, Sims, Rowton, Weis, Bollinger, Bowie, Leggett, and Felts.
No: None.
Alderman Bollinger presented check in amount of $11y,808.68 from Southland Racing
Corporation, said check represented 1/3 of the breaks for the last 50 days of the racing
season.
Y:ayor Eden informed the Council he had received numerous complaints on the
running-at-large of dogs. may-Attorney Dillahunty stated the ordinance provides for
the impounding of dogs, City Attorney Dillahunty stated the ordinance provides for the
impounding of dogs, and the arrest of owner of a dog that is running at large. After
discussion of matters pertaining to "dog-catching" and prosecution of the owners, the
Mayor stated special emphasis would be given to the strict enforcement of the ordinance
in the future.
No further business being presented, motion was made by Alderman Matthews, seconded
by Alderman Felts to adjourn. Upon vote, the voting was as follows:
Yes: Aldermen: Matthews, Sims, Rowton, Weis, Bollinger, Bowie, Leggett, and Felts.
No: None.
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ATTEST: ,
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APPROVED: NOVEMBER E, 19E3