November 6, 1963MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHLS, ARKANSAS,
HELD AT THE CITY HAL rN AID rmv nx TxF Lmv ,iev „ ..+vcvnrne 7G~~ em a nn P N
The City Council of the City of Weat Memphis, Arkansas, met in regular session at
its regular meeting place in West Memphis, Arkansas, at 3:00 o'clock P.M. on the 6th day
of November, 1963. There were present: Mayor Bob Eden, and Aldermen: C. H. Rowton,
F. C. Weis, 0. I. Bollinger, R. C. Bowie, Earl Felts, Kirby Leggett, and Paul Matthews;
and City Attorney W. H. Dillahunty and City Clerk Charles F. DeGraff.
Absent: Alderman Y. G. Sims.
It being determined a quorum was present, the following proceedings were had to-wit:
N~inutes of Council Meeting on October 17, 1963, xere approved ae read.
Mayor Eden announced Notice for bide to erect a fence around the city~s garbage
incinerator had been published prior to the changing of dates for Council Meeting from
November 7th to the 6th, and the Notice stated bids would be received until 3 P.M, on
November 7, 1963. After discussion, it xas agreed that the bids would beheld open
until Monday, November 11th at 3 P.M., and the Mayor appointed a committee of
Aldermen Matthexa, Bollinger, and Leggett to receive the bide. Thereupon, motion was
made by Alderman Rowton and seconded by Alderman Felts: That the committee appointed
be authorized to open the bids and award the contract. Upon vote, the voting was as
follows:
Yea: Aldermen: Rowton, Weis, Bollinger, Bowie, Felts, Leggett, and Matthews.
No: None.
Mayor Eden informed the Council it x111 be necessary to provide water supply at the
Municipal Airport and to extend the city's line will coat approximately $73,000, therefore,
proposal had been obtained from J. H. Abel & Son of Forrest City, Arkansas, to dig a well.
The proposed well mould be 2~" approx. 100' deep with 1~ R.P. Berkeley deepwell het pump,
120 gallon Medalist pressure tank, 42' of 1~" dropline valves and fittings installed, cost
$697.02. The Mayor stated the construction of the xell had not been included in the Budget
for 1967, therefore, action will have to betaken by the Council. After discussion, motion
was made by Alderman Howie, seconded by Alderman Leggett: That the Mayor be authorized to
enter into contract xith J. H. Abel & Son for construction of xell for Municipal Airport is
amount of $697.02. Upon vote, the voting was as follows:
Yea: Aldermen: Rowton, Weis, Bollinger, Bowie, Felts, Leggett, and Diatthewa.
No: None.
Mayor Eden brought to the Council~a attention the City's Zoning Ordinance No. 411
provides for the creation of a Hoard of Ad~uatment consisting of eight members, and
requested the Aldermen to submit the names of txo citizens from each ward. The following
names xere presented:
Ward 1 - Dennis Conlee
Nolan Wheeler
Ward 2 - Claud Griffin
Rupple Dabba
Ward 3 - W: L. Bazbaur, Jr.
Pat ?4agruder
Ward 4 - Frank Bassett
H. J. Meadows
After discussion, motion moss made by Alderman Bollinger, seconded by Alderman Rowton:
That Dennis Conlee, Nolan Wheeler, Claud Griffin, Rupple Dabba, Bill Barber, Pat Magruder,
Frank Bassett, and H. J. Meadoxa be appointed as members of the Board of Ad~uatment in
accordance with Ordinance No. 411. Upon vote, the voting was ae follows:
Yes: Aldermen: Rowton, Weis, Bollinger, Bowie, Felts, Leggett, and Matthews.
No° None.
The Council xas informed a letter had been received from the Arkansas Inspection &
Rating Bureau advising that the present insurance rating of the City will not be endangered
by the storing of fireworks in a warehouse owned by Mr. Loyd of Atomic Fireworks, Inc. of
Arkansas. After discussion xith Fire Chief Elmo Anderson and Building Inspector W. A. Perrine,
motion xas made by Alderman Weis, seconded by Alderman Roxton: That Atomic Fireworks, Inc.
be given temporary permission to use the building. IIpon vote, the voting was as folloxa:
Yea: Aldermen: Roxton, Weis, Hollinger, Bowie, Felts, Leggett, and Matthews.
No: Nona.
198
Alderman Rowton introduced an ordinance entitled "An Ordinance To Rezone Certain Zoned
Property From C-6 To C-5 Declaring An Emergency And For Other Purposes" which was read in
full by Alderman Felts.
Alderman Weia 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 voting was as follows:
Yes: Aldermen: Rowton, Weis, Bollinger, Bowie, Felts, Leggett, and Matthexe.
No: None.
The Mayor decked 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
then moved that the ordinance as read be adopted. Thin motion was duly seconded by
Alderman Bowie, and on the roll being called the voting was ae follows:
Yes: Aldermen: Rowton, Weis, Bollinger, Bowie, Felts, Leggett, and Matthews.
No: None.
The Mayor 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 call in order
to be effective.
Alderman Matthews then read Section 3 again. Alderman Rowton moved that Section 3 be
adopted. This motion was duly seconded by Alderman Felts, and on roll call the fol]owing
voted:
Yes: Alderman: Rowton, Weis, Bollinger, Bowie, Felts, Leggett, and Matthews.
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.
The ordinance read as follows:
ORDINANCE N0. lyly$
AN ORDINANCE TO REZONE CERTAIN ZONID PROPERTY FROM C-6 TO C-5 DECLARING
AN EMERGENCY AND FOR OTHER PURPOSES
WHEREAS, a petition has been filed with the Planning Commission of the City of Weat Memphis,
Arkansas, by William L. Johnson Company, Inc., as provided by Ordinance No. lyll of the City of
West Memphis, Arkansas; and
WHEREAS, notice was duly published on the 12th day of September, 1963, that a hearing would
be held by the Planning Commission on the 10th day of October, 1963, at the City Hall for the
purpose of taking action upon acid petition and calling upon all interested parties to appear
at such hearing to make known their objections, if aqy, in connection with said application for
rezoning of property hereinafter described; and
WHEREAS, at said meeting and by the petition previously made to the Plann;n~ Commission, it
xas requested that the following property, to-wit:
A tract described as: Beginning at the Southeast corner of the intersection of
Broadxav and 25th Streets; thence East along the South right-of-way line of
Broadway 167 feet to a point; thence South 195 feet to a point; thence West 167
feet to the East right-of-xay line of 25th Street; thence North along such
right-of-way line to the point of beginning.
and
A tract described as: Beginning at the Southwest corner of the intersection of
Broadway and Walker Streets; thence South along the West right-of-way line of Walker
Street 195 feet to a point; thence West 61.36 feet to a point; thence North 19$ feet
to the South right-of-xay line of Broadxay; thence East 61.36 feet to the point of
Beginning.
be rezoned from present Zoning C-6 to Zone C-5; and
WHEREAS, no persona appeared to offer a:~protest against the rezoning of said property as
requested; and
WHEREAS the Planning Commission recommended to the City Council that said rezoning be
granted.
NOW THEREFORE, HE IT ORDAINED BY THE CITY COUNCIL OF WEST MEMPHIS, ARKANSAS:
Z99
SECTION I. That the following property, to-xit:
A tract described as: Beginning at the Southeast corner of the intersection of
Broadway and 25th Streets; thence East along the South right-of-way line of
Broadway 167 feet to a point; thence South 195 Peet to a point; thence Weat 167
feet to the East right-of-way line of 25th Street; thence North along such
right-of-why line to the point of beginning;
and,
A tract described as: Beginning at the Southwest corner of the intersection oP
Broadway and Walker Streets; thence South along the West right-of-wqy line of
Walker Street 195 feet to a point; thence West 671.36 feet to a point; thence
North 195 feet to the South right-of-way line oP Broadway; thence East 671.36
feet to the point of beginning;
now zoned as ,C-6, be and the same are hereby rezoned as C-5, Commercial District.
SECTION II. All Qrdinances or parts of Ordinances in conflict herewith are hereby
repealed.
SECTION III. Emergency Clause: It is Found by the Council that the present zoning
of the above described lands ie not appropriate for proper and orderly development of the
City of Weat Memphis and, in order to maintain an orderly system of zoning of districts
within the City oY Weat Memphis in keeping with a proper city plan for the orderly
development of the city, it is necessary that rezoning of the above described property be
immediately accomplished and, therefore, an emergency is found to exist and this ordinance
shall be in full force and effect Prom and after its passage, approxal and publication as
required by law.
SECTION IV. COPY OF ORDINANCE FILED FOR RECORD:
A copy of this ordinance xhen duly certified by the City Clerk, shall be subject to being
filed and recorded in the Office of the Circuit Court Clerk and Ex-Officio Recorder within
and for Crittenden County, Arkansas.
~c-u-n-u-u
City Attorney W. H. Dillahunty informed the Council the question of what constitutes
plumbing had been referred to him, and he had prepared an ordinance for the Council's consideration
on the matter of cleaning drains and removing stoppages. Thereupon, an ordinance entitled
"An Ordinance To Regulate The Business Or Occupation Of Cleaning Drains And Removing Of
Stoppages; Providing An Annual Privilege License Fee; Declaring An Emergency; And For Other
Purposes" was introduced by Alderman Matthews, the ordinance xas read in full by Alderman Bowie.
Alderman Leggett then moved that the rule requiring the reading in Yull of an ordinance
on three different days be dispensed with. The motion was seconded by Alderman Bollinger and
on the roll being called the voting was as follows:
Yes: Aldermen: Rowton, Weis, Bollinger, Bowie, Felts, Leggett, and Matthews.
No: None.
The.:Yayar~.deciared 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 Weis then moved
that the ordinance as read be adopted. This motion was duly seconded by Alderman Felts, and on
the roll being called the voting xas as follows:
Yes: Aldermen: Rowton, Weis, Bollinger, Bowie, Felts, Leggett, and Nstthews.
No: None.
The Mayor declared that the ordinance had been adopted, and then called attention to the
fact that Section 5, the emergency section, must be adopted upon a separate roll call in order
to be effective.
Slderman Rowton then read Section 5 again. Alderman Bowie moved that Section 5 be adopted.
This motion was duly seconded by Alderman Leggett, and on roll call the following voted:
Yes: Aldermen: Rowton, Weis, Bollinger, Bowe, Felts, Leggett, and riatthews.
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 o£ the City.
The.ordinarice read as Follows:
ORDINANCE N0. !y1~5
AN ORDIId.ANCE TO REGULATE THE BUSINESS OR OCCLrPP.TIUN OF CLR4ie'ING DRAINS AND REMOVING OF
STOPPAGES; PROVIDING AN ANNUAL PRIVILEGE LICENSE FEE; DECLARING AN EN~RGENCY; AND FOR
OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS:
SECTION i. Individuals, firms or corporations engaging in the business or occupation
of cleaning drains and removing o£ stoppages of arty drain or waste pipe shall not engage in
"plumbing" as same is defined by the ordinances of the City of West Memphis, or the Arkansas
State Plumbing Law as adopted by the City of West Memphis, Arkansas.
SECTION 2. The City Plumbing Inspector shall be notified prior to arty work being done
by any individual, form or corporation in connection with cleaning drains or removing of
stoppage.
SECTION 3. That an annual license fee in the sum of Fifty and No/100ths Dollars
($50.00) be, and the same is, hereby levied and assessed upon every individual, firm or
corporation engaged in carrying on the above business and occupation; and said license fee
shall be due on and payable January 1st of each year.
SECTION 4. Any individual, firm or corporation who shall violate aqy provision of this
ordinance shall be deemed guilty of a misdemeanor and htpon conviction thereof shall be fined
in the sum of Twenty-five and No/1GOths Dollars ($25.00), and each separate performance
prohibited by this ordinance shall constitute a separate offense.
SECTION 5. Emergency Clause - It is found and determined to be a fact that the provisions
contained in this ordinance are immediately necessary in order to adequately regulate sad
license the above business and occupation, therefore, an emergency is hereby declared to exist
and this ordinance shall be in full force and effect from and after its passage, approval and
publication as required by lax.
The following letter was presented:
November 5, 1963
Mayor R. E. Eden
Members of the City Council
City Hall
West Memphis, Arkansas
Dear Mayor Edea and members of the Council:
The P.T.A. Board of Maddox School met for regular meeting last night. Among the items
discussed was the problem of broken glass on the school ground resulting from the
intentional breaking of cold drink bottles. We, as members of the Board, wanted to ask
the City Council if ]there were something that could be done about this serious problem.
We realized that the problem of bottle breakage was city wide. There have been instances
of automobile tires being ruined by broken bottles in the streets. However, the primary
concern we have is the danger caused by bottle breakage on the school grounds. (Several
boys were seen recently breaking bottles on the elide on the school playground.) This
takes place before or after school hours.
Our Board voted last night, unanimously, to request the City Council to consider passing
an ordinance making it a violation of the ordinance to intentionally and will fully break
bottles in the City. The kind of penalty for viohtion, and the assessment of penalty for
violation, is something the City Council could decide.
We pledge you our support to see that such ordinance, if passed, is enforced.
Thanking you for your consideration of this matter, we remain
Maddox School PTA Board
Jim Heal, Legislative Chairman
Maddox School PTA
The City's Anti-Litter Ordinance was discussed, and the Mayor was requested to contact
Superintendent 0. P;. Shultz, Jr. to have announcements made at the schools that the ordinance
would be enforced.
poi
Alderman Leggett brought to the Council's attention that November 9, 1963, had been
proclaimed Lion's Day in various cities in the State. After discussion, motion eras made
by Alderman Bollinger, seconded by Alderman Rowton: That Ni~Wr Eden proclaim November 9, 1963,
be Bon's Day in Weat Memphis. Upon vote, the voting xas as follows:
Yes: Aldermen: Rowton, Weis, Bollinger, Bowie, Felts, Leggett, and Matthews.
No: None.
No further business being presented, motion rtes made by Alderman Matthews, seconded by
Alderman Bollinger to adjourn. Upon vote, the voting was as follows:
Yes: Aldermen: Rowton, Weis, Bollinger, Bowie, Felts, Leggett, and Matthews.
No: None.
ATTEST : C ~ ~
CITY
APPROVED: NOVEMBER 21, 1963