September 3, 1964A~NUTES OF A REGULAR PinETING OF THE CITY COUNCIL OF THE CITY OF W"rST A;ENPHIS, ARKANSAS,
HELD AT THE CITY HALL IN SAID CITY ON TPG 32D DAY OF SE?TII•G3IIR, 1961:, AT 3:00 O'CLOCK P.A"..
The City Council of the City of West Aiemphis, in the County of Crittenden, State of
Arkansas, met in regular session at the City Hall in said City at 3:00 o'clock P.M. on the
3rd day of September, 1961.
The meeting was called to order by the A:ayor, and the roll being called there were:
Present: Bob Eden, Aiayor, in the chair, and the Following named Aldermen:
0. I. Hollinger Paul Aiatthews
R. C. Bowie C. H. Rowton
Earl Felts Y. G. Sims
Y.irby Leggett F. C. Weis
and also City Attorney W. H. Dillahunty.
Absent: None.
The following proceedings were had to-wit:
Aiinutes of Council N,eeting on August 20th were approved as read.
Mayor Eden announced an ordinance entitled "An Ordinance To Rezone Lots 9, 10, 11, and
12, Block 8, Avondale Gardens Subdivision To The City Of west Aiemphis, Arkansas, From RAS-3
Multi-Family To RAi-1 P4ulti-Family, Declaring An Emergency And For Other Purposes" read the
first time on August 20th would be presented for second reading at this time. Attorney
J. H. Spears, representing some of the lot owners in the area, filed the following Petition:
September 2, 196
To The Honorable Aiayor and City Council
West N,emphis, Arkansas
Gentlemen:
You are being presented with a Petition for amending the Bill of Assurance in Avondale
Gardens, upon which my signature appears.
We wish to inform you that this matter was not fully explained, and that we now oppose
this Amendment, and our names are hereby withdrawn from said Amendment to the Bill of
Assurance in Avondale Gardens, as circulated by Eddie Saig and others.
Clarence Wigington
Audrey F. Wigington
Jerrel F. Lackey
Mrs. ITick Turner
R. H. Turner
Jane C. Pine
Donald G. rr^reeman
Jean A:. Freeman
New Scarbrough
R. E. Bunch
1°irs. R. E Bunch
Inez Reavis
J. A. Heath
Car1D. Reavis
Airs. J. C. Reece
J. C. Reece
Van Katz
Helen B. Katz
Emily S. Cockrum
Jack C. Cockrum
Billy R. Chism
Donna Sue Chism
Otho .J. Bunch
Patsy K.y1e Bunch
N.argery Burton
Forrest H. ?almer, Sr.
I°;rs. Forrest H. Palmer Sr.
Jim Binkley
Ass. Jim Binkley
Peggy hills
Charles Alills
Fay Thrasher
Billy Thrasher
Ns. Sam Horne
Airs. Sam Horne
Bonnie C. Barnett
-~r
Regulations of FHA regarding Amending Bill of Assurances were cited by I•'r. Spears.
Attorney ~berard 6deisburd, representing the Petitioners for Rezoning informed the Council
a petition for amending the Bill of Assurance signed by a number of the property owners
would not be filed at this time as would not have more than half of the names required
due to the petition filed by M,r. Spears. A.r. Weisburd stated the apartments would be
Luxury Garden Type one bedroom apartments renting for $75.00 plus utilities and two
bedroom auartments renting for X85.00-X90.00 per month...
Attorney vleisburd disagreed with Attorney Spear's interoreta~ion of the law regarding
Amending of Bill of Assurances, and requested the Council to give Petitioners additional time
to secure the necessary signatures. After discussion, the ordinance was read the second time.
Notion was made by Alderman Bowie: That the second reading of the ordinance be approved. The
motion was seconded by Alderman Bollinger, and on the roll being called the voting was as
follows
Yes: Aldermen: Bollinger, Bowie, Felts, 'sggett, Matthews, Rowton, Sims, and 1Jeis.
Nay: None.
The next order of business was Sale of $1150,000.00 of General Obligation Industrial
Development Bonds of the City of West Niemnhis, Arkansas, for the purpose of securing and
developing industries within and near the City of Best N:emphis as per notice of Sale of
Bonds published August 10th, 17th, and 2L1th in the Evening Times. N's. .J. W. Satterfield
representing Trulock & Company, Inc, anc 'vJ, H. Satterfield & Company, Inc, was present and
bid par plus accrued interest to date of delivery for bonds bearing interest at the rate of
3.65. No other bids were presented.
The Mayor stated that consideration should be directed by said Council to the question
of the passage and adoption of a resolution accepting a bid for bonds to be issued by the
City of .vest Memphis, Arkansas, under Amendment No. L19 to the Constitution of the State of
Arkansas for the purpose of securing and developing industry within or near the City of
West N.emphis.
After discussion by said Council, Alderman Weis introduced in gibing a resolution for
that purpose, entitled5, "A RESOLUTION ACCEPTING A BID FOR BONDS TO BE ISSUED BY THE CITY
OF WEST NG~iPHIS, A.RKAIQSAS, UNDER AMENDr,..NT N0. L9 TO THE CONSTITUTION OF THE STATE OF ARKANSAS,
FOR THE PURPOSE OF SECURING AND DEVELOPING INDUSTRY WITHIN OR NEAR THE CITY OF ~'dEST NG;PiPHIS,"
and moved that the same be read in full. The motion being seconded by Alderman Sims, the
question was put by the N.ayor on the adoption of said motion, and the roll being called, the
following voted:
Aye: Aldermen: Bollinger, Bowie, Felts, Leggett, Matthews, Rowton, Sims, and Weis.
Nnd the following voted:
14ay: None.
Whereupon, the Mayor declared the motion duly passed and ordered that said resolution be
read. Said resolution was then read in full by the Clerk.
Alderman Felts then moved that the rule requiring an ordinance or resoluticn to be read
in full on three different days be suspended and that said resolution be placed on its second
reading, seconded by Alderman Bowie, and thereafter the Niayor put the question on the adoption
of said motion, and the roll being called, the Following voted:
Aye: Aldermen: Bollinger, Bowie, Felts, Leggett, Matthews, Rowton, Sims, and 4;eis.
and the following voted:
Nay: None.
Whereupon, the liayor declared the motion duly passed and said resolution placed on its
second reading. The resolution was then read by the Clerk.
Alderman Bollinger moved that the rules be further suspended and the resolution be placed
on its third and final reading. This moticn was seconded by Alderrman Matthews, and thereafter
the Nlayor put the question on the adoption o£ said motion, and the roll being called, the
following voted:
Aye: Aldermen: Bollinger, Bowie, Felts, Leggett, Matthews, Rowton, Sims, and Weis.
and the following voted:
Nay: None.
Whereupon, the N;ayor declared said motion duly adopted and said resolution placed upon its
final reading.
Said resolution was read in full by the Clerk, Alderman Leggett moved its adoption, seconded
by Alderman Rowton, and after due consideration thereof by said Council the N'ayor put the question
upon the adoption of said motion and the passage of said resolution, and the roll being called,
the following voted:
Aye: Aldermen: Hollinger, Bowie, Felts, Leggett, Matthews, Rowton, Sims, and Weis.
and the following voted:
Nay: None.
ldl:ereupon the Niayor ceclared said motion duly adopted and said resolution duly passed, and
signed his approval to said resolution; the said resolution was attested by the Clerk and
impressed with the seal of the City.
Alderman Weis then moved that said resolution go into irmmediate operation and
become effective without delay because of theemergency declared in Section 2 of
said resolution, which section was then read in full, seconded by Alderman Sims.
The N.ayor put the question on the adcption of the said motion, and the roll being
called, the following voted:
Aye: Aldermen: Bollinger, Bowie, Felts, Leggett, h:atthews, Rowton, Sims, and ideis,
and the following voted:
Nay: None.
'vlhereupon, the 2ayor declared said motion duly passed.
Said resolution, to which no amendment was o££ered, read as follows:
RESOLUTION N0. 27b
A RESOLUTION ACCEPTING A BID FOR BONDS TO BE ISSUED BY THE CITY GF Y+rST NIF~IPHIS,
ARKANSAS, UNDER AN~'NDN~:T N0. 49 TO THE CONSTITUTION OF THE STATE OF ARKANSAS,
FOR THE PURPOSE OF SECURING Ai~ID Dr.VELOPING INDUSTRY 's7ITHIN OR NEAR THE CITY OF
UIEST A~~:PHIS.
WHEREAS, after due advertisement for the time and in the manner required by law,
duly published in a newspaper having a bona fide circulation in the City of Test l;emphis,
Arkansas, X450,000 of bonds of the said City, to be issued under Amendment No. 49-to• the
Constitution of the State of Arkansas for the puraose o£ securing and developing industry
within or near the City of West Memphis, were offered for sale on auction bids at 'a meeting
of the City Council in the Council Chambers, at 3:00 o~clocl: P.N. on the 9rd day of
September, 1964; and
WHEREAS, the bid of Trulock & Company, Incorporated, and W. H. Satterfield & Co, Inc.
of Little Rock, appears to be the highest and best bid:
id0•e7, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF [°1EST I•~hIPHIS,
ARKANSAS:
SECTION 1. That said bid of Trulock $ Company, Incorporated and Y!. H. Satterfield
Ec Co ., Inc, be accepted and that the I•iayor and Recorder be, and they are hereby authorized
to execute on behalf of the City the following contract £or the sale of the said bonds:
N.ayor & City Council
City of West I~;emnhis
Crittenden County, Arkansas
Gentlemen:
For your :450,000.00 of General Obligation Eonds issued pursuant to.
Amendment 49 of the Constitution of the State of Arkansas as advertised
for sale this date, we will pay you par plus accrued interest to date of
delivery for bonds bearing interest at the rate of 3.65%.
The Bonds will be issued in accordance with the official Notice of
Sale. Our good faith check is on deposit with you.
Respectfully submitted
TRUfACK & COIiPANY, IIdCORPORATED,
"v7. H. SATTERFIELD & CO., INC.
By: Y1, i•J. SATTERFIELD
Septem er , 9
Accepted this 3rd day of September, 1964.
CITY OF I,rEST N:EN:PHIS, ARKANSAS
By: BOB EDEN
By: CHARLES F. DEGRAFF
SECTION 2. It is ascertained and declared that the safety and health of the
City of West Iwiemphis are jeopardized by the lack of sufficient industry and that
only by action made possible by this Resolution can the City undertake to secure
and develop industry and to promote the safety, health, and welfare of its
citizens. It is, therefore, declared that an emergency exists, that this
Resolution is necessary for the immediate preservation o£ the public peace, health,
and safety, and that this Resolution shall take effect and be lit force from and
after its adoption.
Alderman 0. I. Bollinger presented check to the City in the amount of $17,1<92.73
from Southland Racing Corporation, said check represented 1/3 of the breaks for the
first 50 days of the racing season.
The Piayor announced a study of group insurance for employees of the City of
West Piemphis had been made, and it had been ascertained New York Life Insurance
Company had submitted the best plan and proposal. Thereupon, the following Resolution
was presented:
RESOLUTION N0. 279
WHEREAS, the City of West Piemphis has heretofore approved group insurance for
employees of the City of West Memphis and their dependents and has paid on behalf of
such employees who desired to obtain such insurance, the sum of Three and No/100 Dollars
(x3.00) per month; and,
WHEREAS, the premium heretofore paid for such coverage has increased and benefits
reduced to such an extent that such insurance has become undesirable: and
WIiEREAS, bids and proposals by several insurance companies have been received and
studied to secure the best possible coverage at the least cost for municipal employees
and their dependents; and
WHEREAS, New York Life Insurance Company submitted the best plan and proposal;
NOW THEREFORE, BE IT RESOLVED By the City Council that the Piayor and City Clerk be
and they are hereby authorized to execute all necessary instruments to secure group
insurance from IQew York Life Insurance Company for employees o£ the City of ldest iiemphis,
and their dependents, and
BE IT FURTHER RESOLVED that the City be authorized to contribute the sum of Three and
No/100 Dollars ($3.00) per month for each enployee desiring such group insurance.
Motion was made by Alderman N;atthews: That the Resolution as presented be adopted. The
motion was seconded by Alderman Rowton. Upon vote, the voting was as folloors:
Aye: Aldermen: Bollinger, Bowie, Felts, Leggett, P,atthews, Rowton, Sims, and vJeis.
Na;;•: None.
The follow}ng Resolution was presented:
RESOLUTION N0. 280
WI~REAS, the City of West Piemphis, Arkansas, has offered to purchase 66.!1 acres
of land known as N,emphis District Cores of Engineers Reservation, Crittenden County,
Arkansas, from General Services Administration at a negotiated price of One Hundred
Twenty Thousand and No/100ths Lbllars ($120,000.00) Dollars, and;
bdHE.REAS, the City of West N,emphis, Arkansas, is unable to obtain or legally
borrow the necessary funds in time to purchase the property known as Piemphis District
Corps of Engineers Reservation, Crittenden County, Arkans~, and;
?JEREAS, the West P.emahis Industrial Development Corporation, duly organized
pursuant to Act No. ly04 of the General Assembly of the State of Arkansas of 1955, as
amended, as shown by Articles of Incorporation filed in the Office of the Secretary
f State, Little Rock, Arkansas, on the 21~th day of February, 1956, examined and
approved by the Ar.{ansas Industrial Development Commission on the 2lyth day of February,
1956, and filed in the office of the County Clerk of Crittenden County, Arkansas, on
the 3rd day of Parch, 19$6, has specified authority to borrow money, mortgage property,
and obtain financing to aid and develope the economic well-being of West Piemphis,
Arkansas, and;
4~fi:,REAS, the City o£ West Memphis, Arkansas, desires that the West Piemphis
Industrial Development Corporation purchase on behalf of the City of West I~iemphis,
Arkansas, the property knoi~n as Piemphis District Corps of Engineers Reservation,
Crittenden County, Arkansas;
NO?d, THEREFORE, BE IT RESOLVED by the City Council of the City of West I•~emphis,
Arkansas, that the West Piemphis Industrial Development Corporation be, and it is
hereby, authorized to purchase on behalf o£ and for the City of ?lest Piemphis, Arkansas,
the property known as Memphis Corps of Engineers Reservation, Crittenden County,
Arkansas, for the sum of One Hundred Twenty Thousand and No/100ths Dollars (a 120,000.00),
with full power and authority in the said ?lest Memphis Industrial Development
Corporation to use, hold, sell, convey or otherwise dispose of said property for the
purposes set out in Act No. 1y0µ of the General assembly of the State of Arkansas of
1955, as amended, with the consent of the City Council, with accounting to be made to
the City o£ ;lest Piemphis, Arkansas, Arkansas, for the proceeds of sale or mortgage
by hypothecation of said property or any part thereof and it is further authorized to
execute all necessary instruments in connection therewith;
BE IT FURTHER RESOLVED that the Piayor and City Clerk be, and they are hereby,
authorized to execute any and all instruments in furtherance of this Resolution.
3~5
I~iotion was made by~Alderman Leggett: That the Resolution as presented be
adopted. The motion was seconded by Alderman Bowie. Upon vote, the voting was
as follows:
Yes: Aldermen: Bollinger, Bowie, Felts, Leggett, I•Iatthews, Rorrton, Sims, and Weis.
Nay: None.
City Attorney Dillahunty informed the Council the written Findings of Fact from
the hearing on August 20th on the buildings owned by Charlie J. Beavers and
h7est 1~Iemphis Federal Savings and Loan Association, and D. D. Hudspeth or First
National Bank of Eastern Arkansas had been prepared, and presented the Charlie
J. Beavers and iciest 1"Iemphis Federal Savings and Loan Association as follows:
CITY COUNCIL OF WEST M~:PHIS, ARI'..ANSAS
IN RE: 'nest 52z feet of Lot 9, Block 111
Compress Subdivision, West I~iemphis,
Arkansas (211 L~T. Bond)
The hearing on the above matter having been regularly set for the 6th day
of August, 19bu, but continued until the 20th day of August, 1961;, at the request
of J. H. Spears, Attorney for Charlie J. Beavers and West PSemahis Federal Savings
and Loan Association. The matter was presented to the City Council anon the
question of whether the house located at 211 West Bond was a "dangerous buildings"
within the provisions of Ordinance Ido. 1112, The City Council was represented by
'vT. H. Dillahunty, the duly qualified and acting City Attorney, and Charlie J. Heavers
and ;lest I•iemnhis Federal Savings and Loan Association were represented by their
attorney, J. H. Spears of Spears & Sloan. The Council heard the testimony of
W. A. Perrine, City Building Inspector, Charlie J. Beavers and Newt Scarbrough and
after hearing the evidence presented ag argument of counsel now makes and files
the following:
FINDINGS OF FACTS
(1) The vertical structural members list, lean and are buckled in this building;
(2) Supporting members including sills, floor joists, floors and supporting wall
studding are deteriorated due to resting on the ground, and allowed to rot out; termite
damage is extensive throughout;
(3) Due to deterioration, the load bearing walls through the center of the build-
ing, the east wall and the north wall hav overloaded the floors causing them to buckle
and become uneven as much as 2 or 3 inches;
(I1) The building has been damaged by decay, termites and filth;
(5) The building is dilapidated, unsafe, unsanitary and is not fit for human
habitation;
(6) Rear kitchen door nailed and caulked with rags;
(7) Electrical triring is dangerous and does not comply with National Electric
Code;
(fi) Plumbing is in poor condition and does not meet State and City ?lambing
Code;
(9) Building is located in Corunerdial Zone and is a non-conforming use;
Based upon the testimony and evidence presented, the City Council does _
hereby declare the building to be a "dangerous building" and same is hereby condemned.
The owner is directed to dismantle cr destroy same inasmuch as it is a non-conferming
use and a repair order cannot be issued by the City Council.
Adopted this 20th day of August, 1961x.
/S/ BOB EDEN
N:AYOR
ATTEST: /S/ CHARLES F. DEGR4FF
The City Attorney advised in conjunction with the Findings of;,gct it would be
necessary to adopt an ordinance ordering the removal and razaing of the structure.
Alderman Leggett introduced an ordinance entitled: "AN ORDINANCE ORDERING THE
REPOVAL AbID RAZING OF A STRUCTURE IN THE CITY OF iJEST I~•;PHIS, AR.iv4I1SAS; ivHICH HAS
BEEiJ FOUND TG BE A DANGEROUS BUILDING APTD A I•=MACE TO THE SAFETY, HEALTH AND 1iTELFAR;
OF THE CITIZENS CF 'mr,ST I•I:~:PHIS IN THAT IT IS STRUCTURALLY UNSOUND, A FIRE HAZARD
APID A HEALTH HAZARD: DIRECTING THE CITY ATTORNEY TG TAiLE SUCH ACTIONS AS IS Nr~CL'SSARY
TO OBTAIN THE RAZING OF SAID STRUCTURE; DECLARING AId Er;ERGENCY; AND FOR OTP~R PUR?OSES,°
which zras read in full by Alderman Blatthews.
P.lderman Bowie 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
Alterman Felts and on the roll being called the voting was as £oliorors:
Ayes: Aldermen: Bollinger, Bowie, Felts, Leggett, P:atthews, Rowton, Sims, and eveis,
Plays: None.
The ilayor declared that more than two-thirds of the members composing the Ccuncil
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 ms~tion was duly seconder
by Alderman Sims, and on the roll being called the voting was as follows:
Aye: Aldermen: Bollinger, Aowie, Felts, Leggett, P:atthews, Rowton, Sims, anc ~7eis.
Nay: None.
The 1.layor declared that the ordinance had been adopted, and then called attention
to the fact that Section u, the emergency section, must be adopted upon a separate roll
call in order to be effective.
Alderman lveis then read Section h again. Alderman Rowton moved that Section It
be adopted. This motion was duly seconded by Alderman Leggett, and on roll call the
following voted:
Aye: Aldermen: Bollinger, Bowie, rr^elts, Leggett, 2-iatthews, Rowton, Sims, and iieis.
Nay: None.
The Piayor 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:
ORDIPIANCE N0. L•63
AN ORDII~CANCE ORDERIAIG THE Ri~iOVAL AND RAZII~IG OF A STRUCTURE IId TIT'; CITY OF ilEST P~PHIS,
ARKANSAS, r7HICH HAS BEE21 FOUND TO BE A I19NGEROU5 BUILDING AND A 2~TENACE TO THE SAFETY, HEALTH
AND WELFARE OF THE CITIZEIIS OF 'v~r,ST MEb~HIS IN T-ti.AT IT IS STRUCTURALLY UNSOUIQD, A FIRE
HAZARD AND A HEALTH H.9ZARD: DLRECTING THE CITY ATTORh~r~Y TO TAK;; SUCH ACTIONS AS IS
IvLCESSARY TO OBTAIN THE RAZING OF SAID STRUCTUR?.; DECLARING AN ~•1ERGENCY; AND FOR OTHF~R
PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ~lGST I•i3~:t'HIS, A.9SANSAS:
Section 1. That Charlie J. Beaver is the owner of the folleirirg described•proaerty;
that West I•iemphis Federal Savings and Loan P.ssociation is the holder df a deed of trust on
such property and that said owner and mortgagee is hereby ordered to remove or_demolish
the building upon said property within ten (10) days from the effective date of this
Ordinance .
Section 2. That said property is hereinafter set forth in this section, giving the
street address, the legal description thereof, and the hazard which it constitutes to the
citizens of West T:emphis:
211 S:est Dond; 4i'est 522 feet of Lot 4,
Block lly, Compress Sub-division, u4est
I•:emphis, Arkansas; Structural, fire
and health hazard.
Section 3. That the City Attorney is hereby directed to institute such legal
proceedings as may be necessary in order to enforce the provisions of this Ordinance,
and to remedy the dangerous and unsightly conditions brought abcut as a result of the
failure of the owner to comply with this Ordinance.
Section !1. E1~:ERGENCY CLAUSE. It is Found and declared by the City Council that
unless the provisions of this Ordinance are nut into effect irmnediately, the oublic
peace, health and safety of the people of hest I~iemohis will be adversely affected;
therefore, an emergency is hereby declared to exist, and this Ordinance shall be in
full force and effect from and after passage, approval and publication as provided for
by law.
~~~~
The Findings Of Facts for the D. D. Hudspeth or First National Bank of Eastern
Arkansas property were as follows:
CITY COUNCIL OF l~IEST P'~IPHZS, ARKANSAS
IN RE: 6dest Half (d2) of East Half (E2) of Lot
Nine (9), Block Fourteen (lly), Compress
Subditizsion to the City of i4est Nemchis,
Arkansas .
(207~iand 207 ~•7est Bond)
The hearing on the above matter having been regularly set For the 6th day of
August, 196k, but continued until the 20th day of August, 19611, nc one appearing before the
Council on behalf of D. D. Hudspeth or First Idatienal Bank of .:astern Arkansas, the matter
was presented to the City Council upon the question o£ whether the buildings located at
207 and 2072 Yiest Bond, were "dangerous buildings" within the provisions of Grdinance 142.
The City Council heard the testimony of 6l. A. Perrine, City Building Znsrector and after
hearing the evidence presented norr makes and files the following:
FINDINGS OF FACTS:
207 `Feat Bond
(1) All interior walls have settled and buckled out of line. Vertical structures
are damaged from termites, decay and lack of .roper support.
(fl) r~.cterior walls have buckled and are out of line. Supporting members are badly
damaged, sagged and broken due to deterioration, termites and improper, or lack
of foundation.
(3) Supporting members have settled and given away causing irmt~roper distribution of
load on walls and £loors. Floors are out of line and uneven 2 to 3 inches.
(!1) The building is dilapidated, unsafe, unsanitary and decayed, and is not fit for
human habitation.
(5) Sanitation facilities are inadequate.
(6) All plumbing and fixtures including water lines, are bad and unsafe, and are not
fit to be used by human beings. Sewer line to street is unsafe to be used.
Electrical wiring and fixtures are dangerous to any personnel attempting to use
them. No part of any of the above mechanics will meet City or State Codes or
Ordinances .
(7) This building does exist in violation of Codes and Ordinances of the City of
~dest T•;emphis, i~lest T~iemphis, Arkansas, and in rqy opinion is 75° or more deteriorated,
and should be demolished.
(8) This building or structure is located in a C-4 Corunercial Zone and constituiues a
non-conforming use pursuant tc Ordinance No. (yll, passed and approved on December 7,
1961.
207 lJest Bond
(1) All interior walls have settled and buckled out o£ line. Vertical structures are
badly damaged from termites and decay.
(2) exterior walls are buckled and out o£ line. Supporting members are completely
deteriorated, and building is bO~ on the ground.
(3) Supporting members have given away causing improper distribution of load on walls
and floors. Floors have settled as much as four (u) inches, and are badly decayed.
(La) The building has not been damaged by fire or wind, but other causes of damage are
decay, termites and filth.
(5) The building is dilapidated, unsafe, unsanitary and decayed, and is not safe for
human habitation.
(6) 'vlindows and doors and their frames are all bad, and cannot be easily opened or
closed.
(7) All plumbing and fixtures including water lines, are bad and unsafe, and are not
fit to be used by human beings. Sewer line to street is unsafe to be used.
Electrical wiring and fixtures are dangerous to any personnel attempting to use
them. No part of any of the above mechancis will meet City or State Codes or
Ordinances.
(8) This building does exist in violation o£ Codes and Ordinances of the City of
udest T•;emphis, ldest T:emphis, Arkansas, and in my opinion is 75°n or more
deteriorated, and should be demolished.
(9) This building or structure is located in a C-4 Commercial Zone and constitutes
a non-conforming use pursuant to Ordinance Ito. lyll, passed and aaproced on
December 7, 1961.
Based upon the testimor~y and evidence presented, the City Council does hereby
declare the buildings to be "dangerous buildings" and same are hereby condemned. The
ovmer is directed to dismantle or destroy same inasmuch as it is a non-conforming use
and a repair order cannot be issued by the City Council.
Adopted this 20th day of August, 196x.
/S/ BOB F,DEN
I•:AYO;;
ATTEST: /S/ CHARLES F. DEGBAFF
CIT CLc;RY
Thereupon Alderman Bollinger introduced an ordinance entitled "Aid ORLIIdANCE ORDERIIG
THE REP:OVAL AND RAZING OF STRUCTURES IN THE CITY OF WEST MEI~;PHIS, ARKANSAS, WHICH HAVE BEEN
FOUf~ID TO BE DANGEROUS BUILDINGS AIdD A MEIIACE TO THE SAFETY, IirALTH AND WEi,FARE OF THE
CITIZENS OF WEST M~3•':PHIS IN THAT THEY ARE STRUCTURALLY UNSOUND, FIR: HAZARDS AND HEALTH
HAZARDS; DIRECTING THE CITY ATTORNEY TO TAKE SUCH ACTION AS IS NECESSARY TO OBTAIN THE
RAZING OF SAID STRUCTURES; DECLARING AN EF;ERGENCY; AND FOR OTHER PURPOSES" which was read
in full by Alderman Sims.
Alderman Rowton 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 ~deis, an6
on the roll being called the voting was as follows:
Ayes: Aldermen: Bollinger, Hot~rie, Felts, Leggett, Diatthews, Rowton, Sims, and ;Deis.
Nays: None.
The F: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 Felts
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: Bollinger, Bowie, Felts, Leggett, Matthews, Rowton, Sims, and Ideis.
Nays: None.
The P:ayor declared that the ordinance had been adopted, and then called attention to
the fact ':that Section !~, the emergency section, must be adopted upon a separate roll call
in order to be effective.
Alderman Bowie then read Section µ again. Alderman Matthews moved that Section Lt be
adopted. This motion was duly seconded by Alderman Leggett, and on roll call the following
voted:
Ayes: Aldermen: Bollinger, Bowie, Felts, Leggett, Matthews, Rowton, Sims, and Weis.
Nays: 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. µF4
AN ORDINANCE ORDERING THE REMOVAL AND RAZING OF
STRUCTURES IN THE CITY OF i•JEST B~~:PHIS, ARKANSAS,
WHICH HAVE BEEN FOUND TO HE DANGEROUS BUILDINGS
AND A 1•iENACE TO THE SAFETY, HEALTH AIdD lvr,LFARE OF
THE CITIZENS OF r SST I~iEI4PHIS IN THAT THEY ARE
STRUCTURALLY UNSOUND, FIRE HAZARDS AND HEALTH
HAZARDS; DIRECTING THE CITY ATTORNEY TO TAKE SUCH
ACTIOId AS IS NECESSARY TO OBTAIN THE RAZING OF
SAID STRUCTURES; DECLARING AN EMERGENCY; AND FOR
OTI-L~'R PURPOSES.
BE IT O.R.DAINED BY THE CITY COUNCIL OF THE CITY OF WEST h~l~'[PHIS, ARKANSAS:
Section 1. That D. D,. Hudspeth is the owner of the following described property;
that the First National Bank of Eastern Arkansas, Forrest City, Arkansas, is tihe ZOlcer
of a Deed of Trust on such property and that said owner and mortgagee is hereby ordered
to remove or demolish the buildings upon said property within ten (10) days from the
effective date of this ordinance.
Section 2. That said property is hereinafter set forth in this section, giving the
street address, the legal description thereof, and the hazard which it constitutes to the
citizens of ldest I4emphis:
207 nand 2072 West Bond;
West Half (WZ) of East Half (Ez) of Lot Nine
(9), Block Fourteen (1!~), Compress Subdivision
to the City of West Memphis, Arkansas;
Structural, fire and health hazard.
Section 3. That the City Attorney is hereby directed to institute such legal
proceedings as may be necessary in order to enforce the provisions of this Ordinance,
and to remedy the dangerous and unsightly conditions brought about as a result of the
failure of the owner to comaly with this Ordinance.
Section l1. Eh:ERGENCY CLAUSE. It is found and declared by the City Council that unless the
provisions of this Ordinance are put into effect ims:ediately, the public peace, health and
safety of the people o£ Hest I4emphis will be adversely affected; therefore, an emergency is
hereby declared to exist, and this Ordinance shall be in full force and effect from and aster
passage, approval and publication as provided for by law.
-., , ;-,mot
3 `~
P~;ayor Eden presented Proclamation by President Lyndon B. Johnson for
Citizenship Day and Constitution Wee}: for September 17, 196ty.
City Clerk Charlss F. DeGraSf reminded the Council of Arkansas B;unicipal
League Meetint to be held October 6th and 7th in Little Sock.
There being no further business, the Council adjourned.
/ bAYOR
ATTEST:
. }. ,
APPROVED: SEFTENHER. 17, 1961