June 18, 19642~4
p1INUTES OF AN ADJOURNED MEEPING OF THE CITY COUNCIL OF THE CITY OF WEST M"r~1PHI5,
ARKANSAS, HELD AT THE CITY HALL IN SAID CITY ON THE 18Tr LAY OF JUNE, 1964, AT 3:00 P.M.
The City Council of the City of West Memphis, Arkansas, met in an adjourned session
at its regular meeting place in West Memphis, Arkansas, at 3:00 o~clock P.M. on the 18th
day o£ June, 1964. There were present: Aldermen:
Paul Matthews R. C. Bowie
Y. G. Sims Earl Felts
0. I. Bollinger C. H. Rowton
Mayor Bob Eden and City Attorney W. H. Dillahunty
Absent: Aldermen F. C. Weis and Kirby Leggett.
Motion was made by Alderman Matthews and seconded by Alderman Felts:
That the meeting of June 4, 1964, be adjourned. Upon vote, the voting was as follows:
Aye: Aldermen: Matthews, Sims, Bollinger, Bowie, Felts, and Rowton.
Nay: None.
iA 0
ATTEST
APPROVED: JULY 2, 1964
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS, HELD AT THE CITY HALL IN SAID CITY ON THE 18TH DAY OF JUNE, 19611, AT
were:
The Council of the City of West Memphis, in the County of Crittenden, State of
Arkansas, met in regular session at the City Hall in said City at 3:05 o'clock P.M.
on the 18th day of June, 1961:.
The meeting was called to order by the Mayor, and the roll being called, there
Present: Bob Eden, N.ayor, in the chair, and the following named Aldermen:
Paul Matthews R. C. Bowie
Y. G. Sims Earl Felts
0. I. Bollinger C. H. Rowton
Also, City Attorney W. H. Dillahunty.
Absent: Aldermen F. C. Weis and Kirby Leggett.
Minutes of Council Meetings on Y~y 28th and June 4th were approved as read.
Mayor Eden informed the Council the term of Airport Commissioner Roy Strong
had expired, and the Commission recommended the reappointment of Mr. Strong.
Motion was made by Alderman Matthews: That Roy Strong be appointed a member of the
Airport Commission in accordance with Ordinance No. 422. The motion was seconded
by Alderman Rowton. Upon vote, the voting was as follows:
Aye: Aldermen: Matthews, Sims, Bollinger, Bowie, Felts, and Rowton.
Nay: None.
Mayor Eden brought to the Council's attention the Caterpillar Tractor must be
repaired, and the cost will be X5,500 said repairs had not been anticipated and the
amount was not included in the Hudget for 1964. After discussion, motion was made
by Alderman Bollinger: That the t4ayor be authorized to have the Caterpillar Tractor
repaired. The motion was seconded by Alderman Bowie: Upon vote, the voting was as
follows:
Aye: Aldermen: Matthews, Sims, Bollinger, Bowie, Felts, Rowton.
Nay: None.
Attorney J. H. Spears appeared before the Council to request a permit to repair
and put in a habitable condition the house at 211 W. Bond Street as he did not think
the building was more than 50% depreciated or deteriorated, and everybody would be
benefited by permitting the owner to repair the house. Mr. Spears statg9to the
Council his op~5on as to legality of Ordinances No. 142 and 411, provisions providing
for percentage of deterioration, types of deterioration, non-conforming uses, zoning
requirements of the area, tax benefits to the City, financial condition of
Charlie Beaver, and letter written to the owner of the property as to demolishing the
building within 30 days. City Attorney Dillahunty stated he had not started aqy
condemnation proceedings that in accordance with motion adopted on May 21st the
Building Inspector had inspected the buildings or structures in question on Hond Street,
and had filed his reports and written the owners that the buildings or structures are to
be demolished within a 30 day period. If the buildings are not demolished, on July 2,
1964, the end of the 30 day period, the Council will set a hearing on the matter and
the owners notified. After the hearing, a decision will have to be made by the Council
to condemn the houses or to authorize the Building Inspector to issue permits to repair.
After lenghty discussion, motion was made by Alderman Felts: That the action proceed
through the normal channels as started and that a hearing be held in accordance with
the ordinance, and there was no reason to make a decision today. The motion was seconded
by Alderman Bowie. Upon vote, the voting was as follows:
Aye: Aldermen: Matthews, Sims, Bollinger, Bowie, Felts, and Rowton.
Nay: None.
Mayor Eden informed the Council he had received a letter from General Services
Administration that the property formerly used by the U. S. Engineers is available
to the City for a price that he could not divulge at this time, however, he would call
a joint meeting of the Council and Chamber of Cotmnerce within 15 days to study the
financing of purchase o£ the property.
PETITION
TO THE CITY COUNCIL OF THE
CITY OF WEST P~'II'HIS,
CRITTENDEN COUNTY, ARKANSAS
Comes Holiday Gardens, Inc. and Hulbert-West Memphis Special School District No. 4
and states that they petitioned the County Court of Crittenden County, Arkansas, for the
annexation of the following described territory to the City of West Memphis:
The West 1222.0 feet of the East 1495.0
feet of the East Half (Ez) of Section 7,
Township 6 North, Range 9 East, lying
North of .en !tile Bayou, situated in
Crittenden County, Arkansas.
A plat of this area is hereto attached and marked Exhibit "A P.
286
On Niay 1, 1964, an Order of the County Court of Crittenden County was entered
annexing the above described property to the City of West N,emphis. A copy of this
Order is hereto attached and marked Exhibit "H". No objection to the annexation
of this property has been filed and thirty days has expired since the filing of the
Order of Annexation.
Petitioners respectfully request that the City Council of the City of West Memphis
pass an ordinance approving the Order of the County Court and annexing the above
described property to the City of West N!emphis, Crittenden County, Arkansas.
Respectfully submitted,
PdANCr, & NANCn
By/S/ CECIL H. N.4NCE, JR.
Attorneys for Holiday Gardens, Inc.
and Hulbert-West Memphis Special
School District Na. Lt
The procedure for annexation of property was discussed and the platting of streets.
The Council was advised if the property is annexed then a plat o£ the area is presented
to the Planning Conunission, and the Commission's recommendations are forwarded to the
Council. After discussion, Alderman Matthews introduced an ordinance entitled: "An
Ordinance To Annex The West 1222.0 Feet Of The East 1195.0 Feet 0£ The East Half (Ez)
Of Section '], Township b North, Range 9 nest, Lying North Of Ten Pile Bayou, Situated
In Crittenden County, Arkansas, To The City Of West Plemphis, Crittenden County, Arkansas"
which vas read in full by Alderman Bowie.
Alderman Bollinger 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 Sims and on the roll being called the voting was as follows:
Aye: Aldermen: Matthews, Sims, Bollinger, Bowie, Felts, and Rowion.
Nay: 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 Felts
then moved that the ordinance as read be adopted. This motion was duly seconded by
Alderman Rowton, and on the roll being called the voting was as follows:
Aye: Aldermen: Matthews, Sims, Hollinger, Bowie, Felts, and Rowton.
Nay: 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 Bowie moved that Section 3 be
adopted. This motion was duly seconded by Alderman Bollinger, and on roll call the following
voted:
Aye: Aldermen: Matthews, Sims, Bollinger, Bowie, Felts, and Rowton.
Nay: None.
The Nlayor 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 NO. ~~'I
AN ORDINANCE TO ANNEX THE WEST 1222.0 FEET OF THE
EAST 1495.0 FEET OF THE EAST HALF (EZ) OF SECTION
7, TO4i~.~SHIP 6 NORTH, RANGE 9 E-AST, LYING NORTH OF
TEN MILE BAYOU, SITUATED IN CRITTENDEN giJNTY,
ARKANSAS, TO THE CITY OF 41EST MEMPHIS, CRITTENDEN
COUNTY, ARKANSAS.
WHEREAS, Holiday Gardens, Inc. and Hulbert-West Memphis
Special School District No. 4, owners of the property described
herein; filed their petiti~~n with the County Court of Crittenden
County, Arkansas, for the annexation of the property described
herein, to the City of West Memphis, and
WHEREAS, on May 1, 1964, the County Court of Crittenden
County, Arkansas, entered its Order approving the annexation of
the property described herein, to the City of West Memphis, Arkansas,
and
WHEREAS, 30 days has elapsed since the entry of the Order of
the County Court of, Crittenden County, Arkansas, and no objections
was filed to said Order within the time prescribed by law,
1
j NOW, THEREF0R1.,
BL' IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ~+IEST
a
1 MEMPHIS:
1
?) SF_CTIO:v' I. That the West 1222.0 feet of the East 1495.0
~ feet of the East Half CEZ) of Section 7, Township 6 North, Range
a 9 East, lying North of Ten Mile Bayou, situated in Crittenden
County, Arkaiis"as, be and the same is hereby annexed to the City
r
of West Memphis, Crittenden County, Arkansas.
.~
~{ SECTION II. ORDINANCES IN CONFLICT HEREWITH REPEALED: A11
ordinances or parts of ordinances in conflict herewith are hereby
ti
repealed.
SECTION III. It is found and declared by the City Council
of the City of West Memphis, Crittenden County, Arkansas, that
this Ordinance is necessary for the growth and expansion of the
City of West Memphis, and therefore, an emergency is hereby declared
to exist and this Ordinance shall be in force without delay.
PASSED AND APPROVED this day of June, 1964.
i.~
>~~~~`~-
MAYOR
ATTEST. ,, ' , /
- ._.- ~
cITY cLERx y ,~~
City Attorney Dillahunty informed the Council it would be necessary to adopt an
ordinance calling for Special Election for the purpose of Refunding Certain Outstanding
General Obligation Bonds, Constructing and Equipping Certain Improrements, and Frescribing
Other Nratters Relating Thereto. After discussion, Alderman Rowton introduced an ordinance
entitled "An Ordinance Calling A Special Election In The City Of :Jest r;emnhis, Arkansas
To Vote On The ~uesticn Of Issuing Bonds Under Amendment No. 13 To The Constitution Of The
State Of Arkansas For The Purpose Of Refunding Certain Outstanding General Obligation Bonds
Of The City And Constructing And Equipping Certain Improvements (All As Described In The
Ordinance); Prescribing Other P•:atters Relating Thereto And Declaring An Emergency," which
was read in full by Alderman Felts.
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 voting was as follows:
Ayes: Aldermen: Matthews, Sims, Bollinger, Bowie, Felts, and Rowton.
Nays: None.
The I~~ayor 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 Bowie then moved that the ordinance as read be adopted. This motion was
duly seconded by Alderman Matthews, and on the roll being called the voting was as
follows:
Ayes: Aldermen: Matthews, Sims, Bollinger, Bowie, Felts, and Rowton.
Nays: None.
The Mayor declared that the ordinance had been adopted, and then called attention
to the fact that Section 8, the emergency section, must be adopted upon a separate roll
call in order to be effective.
Alderman Rowton then read Section 8 again. Alderman Felts moved that Section 6 be
adopted. This motion was duly seconded by Alderman Sims, and on roll call the following
voted:
Ayes: Aldermen: Matthews, Sims, Bollinger, Bowie, Felts, and Rowton.
Nays: None.
The Nu~yor 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:
oRDIr1aNCE r]o. 4~ 2
ASI OF.DItJ:ANCE CALLING A SPECIAL ELECTION IN THE
CITY OF i•?EST r7r.riPHIS, ARI;ArdSAS TO VOTE OP1 THE
QUESTION OF ISSUING BONDS UNDER P?•~ND1~rii N0. 13
TO THE CONSTITUTION OF THE STATE OF AIti:ArISAS FOR
THE PURPOSE 0. RfiFUNDING CEP.TAIN OUTST_ANDIPIG
GETIEP.AL OBLIGATIOS7 BOi7BS OF THE CITY PAID COrISTP.UGT-
ING Ar]D EQUIPPING CEP.TAFN LMPROVEI~'PITS (ALL AS
DESCP.IBED IN THE OP'JIPIANCE); PRESCRIBING OTHER
i.ATTEP.S REY~A^t ING THERETO AND DECLAF.ING AN
~RGErICY.
L•7HEREA.P, the City of Nest Memphis, Arkansas (called
.,
"City") is a city of the first class; and
Y]HEP~:AS the City has outstanding an issue of General
Obligation Bonds dated July 1, 1960; and
WFIEREAS the City Council has determined that it is
i necessary to develop and improve public par]cs including the con-
struc*_ion and equipping of two community buildings and related
improvements (called "improvements"); and
FIHEREAS in order to make the improvements it is neces-
sary to refund the outstanding bonds of the City, referred to above,
~r!th *_he amount needed for said refunding being $362,000 and the
amount needed for the improvements (including the expenses of issu-
ing bonds) being $313,000, or a total of $675,000;
i
NO3, THEP,s3FORE, EE IT_ ORDAINED by the City Council of
i
n
the City of I.7est Memphis, Arkansas:
3
Section 1. That a special election be, and the sa~ae
is hereby, called to be held in the City of G]est Plemphis, Arkansas
on th°- ,nth day of A~,,,,,.~+, , 1964, at ~•Thich election
'i
1 here shall be submitted to the electors of the City the question
.~ of issuing S675,000 in General Obligation Bonds for ~:~e pur-
~~ pose of refunding the outstanding bonds of the City dated July 1,
Page 2
1960 and making the improvements. The bonds shall be dated
August 1, 1964, caith interest thereon payable semiannually an
February 1 and August 1 of each year commencing February 1,
1965, and the bonds shall mature on August 1 of each year as
follows but shall be callable for payment prior to maturity on
such terms as shall be specified in the ordinance authorizing
their issuance:
YEAR AMOUNT
1967 17,000
1968 18,000
1969 18,000
1970 19,000
1971 20,000
1972 20,000
1973 21,000
1974 22,000
1975 23,000
1976 24,000
1977 25,000
1978 25,000
1979 26,000
1980 27,000
1981 28,000
1982 29,000
1983 30,000
1984 31,000
1 1985 32,000
' 1986 34,000
1x87 35,000
~; 1988 36,000
j 1989 37,000
lggp 38,000
1991 40,000
,l The bonds shall be sold at public sale and may be sold vrith the
privilege of conversion to an issue bearing a lower rate or rates
s of interest upon such terms as shall be specified in the Notice
of Sale.
h~
_.
Section 2. That the question shall be placed on the
ballot for the election in substantially the following form:
Vote on measure by placing an "X" in the square
above the measure either For or Against:
F'or the issuance of General Obligation _
Bonds in the amount of $675,000 / /
Against the issuance of General Obligation _
Bonds in the amount of $675,000 / /
It is proposed to issue $675,000 in principal amount
of General Obligation Bonds under the provisions
of Amendment No. 13 to the Constitution of the
State of Arkansas for the purpose of refunding the
General Obligation Bonds of the City dated July 1,
1960 and developing and improving public parks,
including the construction and equipping of two
community buildi*~gs and related improvements. The
bonds will be dated August 1, 1964 with interest
thereon payable semiannually on February 1 and
August 1 of each year commencing February 1, 1965
and the bonds will mature serially on Augur*_ 1
in each of the years 1967 to 1991, inclusive, but
shall b: callable for payment prior to maturity as
specified in the ordinance authorizing their issuance.
The bonds shall be sold at public sale and may be
sold with the privilege of conversion to an issue
bearing a lower rate or rates of interest. In the
event the issuance of the bendy is approved by the
electors the City Council will levy a continuing
annual tax of five (5) mills on the dollar of the
assessed valuation of the taxable real and personal
property in the City for the purposC of providing
for the payment of the principal of and interest
o*~ the bonds as the same become due.
Section 3. That the election shall be held and conducted
a
Y
,;~
and the vote canvassed and the results Zeclared under the lava and
in the manner now provided for municipal elections, so far as
the same is applicable, and the Mayor of the City of West Memphis
is hereby authorized and directed to give notice of such election
by an advertisement published weekly once .. week for four times
in a newspaper published in the City of West Memphis, A~lcansas
and having a bona fide circulation therein, the last publication
Page 4
to be not less than ten days prior to the date of the election,
and only qualified voters of the City of West Memphis, Arkansas shall
have the right to vote at said election on said question.
Section 4. That the results of said election shall
proclaimed by the Mayor and his proclamation shallt~ published
one time in a newspaper published in the City of West Memphis,
Arkansas and having a bona fide circulation therein, which proclama-
tion shall advise that the results as proclaimed shall be conclusive
unless attacked in the coLrts within thirty days after the date of
such proclamation.
Section 5. That the t•~ayor is authorized to advertise,
according to the terms of Amendment No. 13 to the Constitution
it
'~ of the State of Arkansas the
public sale of the proposed bond issue.
a,
Section 6. That a copy of this Ordinance shall be given
to the Crittenden County Board of Election Commissioners so that the
~~ necessary election officials and supplies may be provided.
i
Section '. That all ordinances and parts thereof in
i
conflict herewith are hereby repealed to the extent of such conflict.
j 1 :'°ct_iar o. ?hat ~t is hereby ascertained and declared
that there is an immediate nec:~ for the above described improvements
to be made in order that the public health, welfare and safety may
be protected and that said improvements can be made only by the
issuance of the proposed-bonds to be voted on at the special
election. It is, therefore, declared that an emergency exists and
this ordinance being necessary foF the immed~.ate preservation of
the public peace, health and safety shall be in force and take effect
'~
immediately from and after its passage.
PASSED June 18 , 1964.
There being no further business,, motion was made by Alderrt~an Fs~ts to adjourn, the
motion was seconded by Alderman I°iatthews. Upon vote, the voting was as follows:
Ayes: Aldermen: Matthews, Sims, Bollinger, Bowie, Felts, and Rowton.
Nays: None.
-.
ATTaSTC__ ~~~~~~ -
APPROVF.L: ,~,Y 2, 196J~