March 18, 1965"MINUTES OF REGULAR N.EETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS, HELD AT THE CITY HALL IN SAID CITY ON THE 18TH DAY OF NiARCH, 1965.
__- - II
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 3:00 o'clock P.Ai.
on the l~th day of March, 196$.
The meeting was called to order by the Mayor, and the roll being called, there
were:
Present: Bob Eden, Aiayor, in the chair, and the following named Aldermen:
F. C. Weis Earl Felts
Franklin Bassett Kirby Leggett
0. I. Bollinger Paul Matthews
R. C. Bowie C. H. Rowton
City Attorney W. H. Dillahunty
Absent: None.
The following proceedings were had to-wit:
Minutes of Council Meeting on March 11, 196$, were approved as read.
Mayor Eden announced this is DeMolay Week and the youth organization had
selected City Officials for the day. The DeAiolay representatives xere introduced
and invited to conduct a meeting after adjournment of the regular Council session.
Bids for Workmen's Compensation Insurance, Comprehensive Public Liability and
Property Damage Insurance Excluding Automobiles, and Comprehensive Public Liability
and Property Damage Insurance, Automobile Fleet were the next item on the agenda.
Notice for bids having been published on Aiarch 1st in the Evening Times. Prior to
the opening of the bids Mayor Eden appointed a commiittee of Aldermen Weis, Niatthews,
Bollinger, and City Clerk DeGraff as an advisory member, to canvass the bids. After
discussion, motion was made by Alderman Leggett: That the Committee appointed by
the Mayor be approved, and the Committee authorized to enter into contract for insurance
that xould be most advantageous to the City. The motion was seconded by Alderman Bowie.
Upon vote, the voting was as follows:
Aye: Aldermen: Weis, Bassett, Bollinger, Bowie, Felta, Leggett, N:atthexs, and Rowton.
No: None.
The bids received were as follows:
Guaranty Loan & Real Estate Co:
Workmen's Co ensation
po icy wi a written at Bureau rates under a participating plan, whereby no more
than Bureau rates will be charged and if the losses are lox a return premium will be
granted at the end of the policy year.
General Liabilit
0 0 o he manual rate.
United Insurance Agency of Arkansas, Znc.:
Comprehensive Public Liability and Property Damage Insurance on your automotive units
as per the list of units subtrdtted for 57~ off of the present manual rates. Based on
this figure, the premium will be ;p2288.00.
For your Comprehensive Public and Property Damage Insurance, excluding automobiles, we
would like to submit a quotation of 70N off of the manual current rates promulgated by
the National Bureau of Casualty Underwriters.
On your Workmen's Compensation, ~e will submit a bid based on a guaranteed cost plan
based on current rates approved by the National Council of Compensation Insurance for
21~ off of manual rates plus a participating divident based on premiums earned and
losses paid.
Notice for bids for One l1-6 Ton Portable Roller for use on city streets having been
published on ASarch 2nd in the evening times, the bids were received as follows:
Tri-State Equipment Co., Inc:
One - INGRAM 11-6 T. Portable Tandem Roller X7,000.00
Advance rental--used trade-in of:
Ferguson 5-8T. RoIler, Serial No. 58162 1 600.00
00.0
HawY.ins Equipment Company:
1 New Huber Model T-46, Lt-6 ton w6,393.00
Less Trade-in 3.1100.00
~ ,9
Optional equipment: 887.00
After discussion of the bids and specifications with Mr. Charles Hampton of the
Engineering Department, motion was made by Alderman N,atthexs: That City accept bid
of Hawkins Equipment Company with optional equipment. The motion was seconded by
Alderman Leggett. Upon vote, the voting was as folloxs:
Aye: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Matthews, and Rowton.
No: None.
Mayor Eden submitted the names of Pat Johnson, C. V. Griffin, Leo Hicks, and
Nolan SJheeler for reappointment to the Electric Examiners Board. Motion was made by
Alderman Hollinger: That the Electric Examiners Board be reappointed for one year.
The motion xas seconded by Alderman Patthews. Upon vote, the voting xas as follows:
Aye: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Matthews, and Rowton.
No: None.
Mayor Eden informed the Council N.esars. Sam Cross, Bert McElroy, and J. N,. Earney
have resigned from the Recreation Commission. The Mayor recotmnended the appointment of
Nu•s. Joe Hemphill to replace Sam Cross, the appointment to be for a term of five years
as Ns. Cross's term expired in March; N.r. George Saig to fill the unexpired term of
Bert McElroy, xhose appointment expires in 1~~, and Dr. James Buffington to fill the
unexpired term of J. M. Earney, whose term expires in 1968. After discussion, motion was
made by Alderman Rowton: That the appointments to bhe Recreation Cortm:ission be confirmed
in accordance with Ordinance No. 134. Upon vote, the voting was as follows:
Aye: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Matthews, and Rowton.
No: None.
Recommendation of the Planning Commission to rezone Lot 1, Block 3, 1ti'heeler Subdivision
from M-1 to C-$ was presented. Alderman Rowton introduced an ordinance entitled "An Ordinance
To Rezone Certain Zoned Property From M-1 To C-5, Declaring An Emergency, And For Other Purposes"
which was read in full by Alderman Weis.
Aldermen N,atthews 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 xas as folloxs:
Aye: Aldermen: Weis, Bassett, Hollinger, Bowie, Felts, Leggett, Piatthews, and Rowton.
No: None.
1. i
The Mayor declared that more than two-thirds of the members composing the Council had voted
in favor df the motion to suspend the rule and that it xas carried. Alderman Felts then moved
that the ordinance as read be adopted. This motion was duly seconded by Alderman Bowie, and on
the roll being called the voting was as follows:
Aye: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Matthews, and Rowton.
No: Done.
~The~Playor declared that the ordinance had been adopted, and then called attention to the
factr~thiat Section 3, the emergency section, must be adopted upon a separate roll call in order
to be'effective.
Alderman Leggett then read Section 3 again. Alderman Rowton moved that Section 3 be adopted.
This motion was duly seconded by Alderman Weis, and on roll call the following voted:
Aye: Aldermen: lr?eis, Bassett, Bollinger, Bowie, Felts, Leggett, Matthews, and Rowton.
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. 474
AN ORDINANCE TO REZONE CERTAIN ZONED PROPERTY FRCM M-1 TO C-5, DECLARING AN EMERGENCY, AND FOR
OTHER PURPOSES.
WHEREAS, a petition has been filed with the Planning Cormmission of West Memphis, Arkansas,
by Chandler G. Watkins as provided by Ordinance No. 411 of the City of West Memphis, Arkansas; and
WHEREAS, notice was duly published on the 4th day of February, 1965, that a hearing would be
held by the Planning Commission on the 11th day of March, 196$, at the City Hall for the purpose
of hearing objections, if any, in connection with said application for rezoning of property
hereinafter described; and
WHEREAS, a quorum failed to appear at the meeting on the 11th day of N;arch, 1965, and by
action of the Mayor and the Planning Commission, said meeting was continued until March 17, 1965;
and
WHEREAS, at said meeting on March 17, 1965, and by the petition previously made to the
Planning Commission, it was requested that the following property located in Crittenden County,
Arkansas, to-wit:
Lot One (1), Block Three (3) and the North 65.7 Feet of Lot Fourteen (14)
Block Three (3), Wheeler Subdivision West Memphis, Arkansas.
be rezoned from M-1, Limited Industrial, to R-T, Residence-Mobil Homes; and
WHEREAS, at the hearing it appearing that the North 65.7 feet of Lot Fourteen (14),
Block Three (3), Wheeler Subdivision, West Memphis, Arkansas, was presently zoned C-7, the
petitioner requested permission to withdraw his application insofar as that property was concerned,
which petition was granted; and
WHEREAS, it appeared that the use to which the petitioner desired to use Lot One (1), Block
Three (3) of the Wheeler Subdivision, 6dest Memphis, Arkansas, should be properly rezoned, General
Commercial Iistrict, C-5; and
WHEREAS, no persons 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, BE IT ORDAINED BY THE CITY COUNCIL OF WEST N~S;PHIS, ARKANSAS:
SECTION I. That the following property located in Crittenden County, Arkansas, to-wit:
Lot One (1), Block Three (3), Wheeler Subdivision,
West N,emphis, Arkansas,
now zoned as M-1, be and the same is hereby rezoned as C-5, General Commercial District.
SECTION II. All Ordinances 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 is not appropriate for proper and orderly development of the City of
West Memphis and, in order to maintain an orderly system of zoning of districts within the zoning
authority of the City of West Memphis in keeping with a proper city plan for the orderly development
of the said area, it is necessary that the rezoning of the above described property be imtnediately
accomplished, and therefore, an emergency is found to exist and that ordinance shall be in full
force and effect from and after its passage, approval and publication as required by law.
SECTION IV. COPY OF ORDINANCE FILED FOR RECORD: A copy of this ordinance when duly
certified by the City Clerk, shall be subject to being filed and recorded in the office of the
Circuit Clerk and Ex-Officio Recorder within and for Crittenden County, Arkansas.
Recommendation of the Planning Commd.ssioa that application of Skateland, Inc. for rezoning
be approved was presented. Attorney Jan Thomas cn behalf of Skateland discussed the matter with
the Council. Alderman Leggett introduced an ordinance entitled: "An Ordinance To Rezone That
Portion Of Property Commencing At the Intersection Of The South Right-Of-Way Line Of U. S.
Highway No. 70 And The North And South Center Line Of Section 17, Township 6 North, Range 9 East;
Thence East Along Said South Right-Of-Way Line Of U. S. Highway No. 70 A Distance Of 1612.7 Feet
To The Point Of Beginning; Thence South At A 90 Degree Angle 267.06 Feet To A mint; Thence South
38 Degrees 40 Minutes East 144.78 Feet; Thence East Parallel To The South Right-Of-Way Line Of
U. S. Highway No. 70 59.41 Feet; Thence North 400 Feet To A Point On The South Right-Of-47ay Line Of
U. S. Highway No. 70; Thence West 150 Feet Along The South Right-Of-Way Line Of U. S. Highway No. 70
To The Point Of Beginning" which was read in full by Alderman Bowie.
Alderman Bassett then moved that the rule requiring the rearing in full of an ordinance on
three different days be dispensed with. The motion was seconded by Alderman Felts, and on the
roll being called the wting xas as follows:
Yes: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Nattherrs, and Rowton.
No: None.
The Niayor 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 Bollinger, and
on the roll being called the voting was as follows:
Yes: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Matthews, and Rowton.
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.
AldermanMatthews then read Section 3 again. Alderman Weis moved that Section 3 be adopted.
This motion xas duly seconded by Alderman Rowton, and on roll call the following voted:
Yes: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, N.atthews, and Rowton.
No: None.
The N.ayor 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. 47S
AN ORDINANCE TO REZONE THAT PORTION OF PROPERTY CCI+l+I1SICING AT THE INTERSECTION OF THE SOUTH RIGHT-
OF-WAY LINE OF U. S. HIGH'aJAY N0. 70 AND THE NORTH AND SOUTH CENTER LINE OF SECTION 17, TOWNSHIP 6
NORTH, RANGE 9 EAST; THENCE EAST ALONG SAID SOUTH RIGHT-OF-IdAY LINE OF U. S. HIGHWAY N0. 70 A
DISTANCE OF 1812.7 FEET TO THE POINT OF BEGINNING; THENCE SOVfH AT A 90 DEGREE ANGLE 287.06 FEET
TO A POINT; THENCE SOUTH 38 DEGREES Ii0 MINUTES EAST 144.78 FEET; THENCE EAST PARALLEL TO THE SOUTH
RIGHT-OF-WAY LINE OF U. S. HIGHWAY N0. 70 59.41 FEET; THENCE NORTH lt00 FEED TO A POINT ON THE SOUTH
RIGHT-OF-WAY LINE OF U. S. HIGHWAY N0. 70; THENCE WEST 150 FEET ALONG THE SOUTH RIGHT-OF-WAY LINE
OF II. S. HIGHWAY N0. 70 TO THE POINT OF BEGIIQNiNG
WHEREAS, the Planning Commmission of the City of West Memphis, after prover notice was given,
did on March 17, 1965, approve the rezoning of the property described in this Ordinance from
Commercial Amusement Zone (C-6) and A~obile Homes Residence Zone (RT) to General Commercial Zone (C-5);
NOW, THEREFORE, BE IT ORDAINED BY TIC CITY COUNCIL OF THE CITY OF WEST NIEMiPHIS:
SECTION I. That that portion of property commencing at the intersection of the South right-of-
way line of U. S. Highway Nc. 70 and the North and South center line of Section 17, Township 6 North,
Range 9 East; thence East along said South right-of-way line of U. S. Highway No. 70 a distance of
1812.7 feet to the point of beginning; thence South at a 90 degree angle 287.06 feet to a point;
thence South 38 degrees 1~0 minutes East ].W.~.78 feet; thence East parallel to the South right-of-way
line of U. 5. Highway No. 70 59.41 feet; thence North 400 feet to a point on the South right-of-way
line of U. S. Highway No. 70; thence West 150 feet along the South right-of-way line of U. S.
Highway No. 70 to the point of beginning, is hereby rezoned from Commercial Amusement Zone (C-6)
and Mobile Homes Residence Zone (RT) to General Commercial Zone (C-5).
SECTION II. ORDINANCE IN CONFLICT HEREWITH REPEALED: All ordinances or parts of ordinances
in conflict herewith are hereby repealed.
SECTION III. It is found and declared by the City Council of the City of West riemphis,
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.
Recommendation of the Planning Commission that application of Dolph Smith III for rezoning be
approved was presented. The matter was discussed with Attorney Read Smith, who appeared on behalf
of the applicant. Alderman Rowton introduced an ordinance entitled "An Ordinance To Rezone Certain
Zoned Property From RS-7 To C-1~, Declaring An Emergency And For Other Purposes" which was read in
full by Alderman VJeis.
Alderman Matthews 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: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Matthews, and Rowton.
No: 'None.
The I+Sayordeclared--the .Councl.had,woted in;favor".of•~the motion-to-suspend the-rule. A~de~rtnn
Felts-moved~tlse`~.cirdinanc€-be'ad~pid The mutton was seconded by Alderman Bowie and on the ro 1 eing
called the voting was as ioilows:
Yes: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, riatthews, and Rowton.
No: None.
The Mayor declared that the ordinance had been adopted, 'and then called attention to` the 'Tact
thatSectioh.3, the smergency section, must"be adopted upon a separate roll call in order to be
effective. Alderman Leggett then read Section 3 again. Alderman Rowton moved that Section 3 be
adopted. This motion was duly seconded by Aldderman Weis, and on roll call the following voted:
Yes: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Matthews, and Rowton.
No: None.
The Mayor then declared that the ordinance and the emergency section had been duly passed, and
thereupon he signed the ordinance in oven 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 REZONE CERTAIN ZONED
PROPERTY FROM RS- 7. TO C-4, DECLARING AN
EMERGENCY AN"D FOR OTHER PURPOSES
WHEREAS, a petition has been filed witi7 the Planning Commission of
the City of West Memphis, Arkansas by Dolph Smith, III as provided by
Ordinance No. 411 of the City of Vv"est Memphis, Arkansas; and,
WHEREAS, notice was duly published on the 19th day of February, 1965,
that a hearing would be held by the Planning Commission on the 17th day of
March, 1965, at the City Hall for the purpose of taking action upon said petition
and calling upon all interested parties to appear at such hearing to make known
their objections, if any; in connection with said application for rezoning of property
hereinafter described; and
WHEREAS, a quorum failed to appear at the meeting on t':7e 13th of March,
1965, and by action of the Mayor and the Planning Commission said meeting was
continued until March 17, 1965; and
WHEREAS, at said meeting on March 17, 1965 and by the petition previously
made to the Planning Commission, it was requested that 'he following property
located in Crittenden Coun±y, Arkansas, to-wit:
Lot Sixty-One (61), the East Fifty Feet (50') of Lot
Sixty-Two (62), and the East Fifty Feet (50') of Lot
Sixty-Three (63); Block Nine (9), M. L, Thompson
Subdivision to the City of West Memphis, Crittenden
County, Arkansas, as recorded in Plat Book 1 at Fage
42 of the records of Crittenden County, Arkansas,
be rezoned from present zoning RS-7, Residential Single Family to C-4, Central
Commercial District,
WHEREAS, no persons appeared io 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;
hTOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
WEST MEMPHIS, ARKANS~.S:
SECTION I. That the following property located in Crittenden County,
Arkansas, to-wit:
Lot Sixty-One (61), the East Fifty Feet (E 50') of Lot
Sixty-Two (62), and the East Fifty Feet (50') of Lot
Sixty-Three (63}; Block Nine (9), M. L. Thompson
Subdivision io the City of West Memphis, Critter den
County, Arkansas, as recorded in Plat Book 1 at Page
42 of the records of Crittenden County, Arkansas,
now zoned as RS-7, be and the same is hereby rezoned as C-4, Central
Commercial District.
SECTION II. All Ordinances 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 is not appropriate for proper and
orderly development of the City of West Memphis and, in order to maintain an
orderly system of zoning of districts within the zoning authority of the City of .
West Memphis in keeping with a proper city plan for the orderly development
of the said area, it is necessary that the 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 from and after its passage,
approval and publication as required by law.
SECTION IV. COPY OF ORDINANCE FILED FOR RECORD: A copy
of this ordinance when duly certified by the City Cleric, shall be subject to being
filed and recorded in the office of the Circuit Court Clerl: a::d Ex-Officio Recorder
within and for Crittenden County, Arkansas.
PASSED this 18th day of March, 1965.
APPROVED:
„ / % ~-.
Mayo r
ATTEST:
Recommendation of the Planning Commission that Lots 1 through 1l~, Block 9, Thompson's
Third Addition be rezoned was presented. Pir. Ralph Sloan, Attorney for the property owners,
discussed the matter with the Council. Thereupon, Alderman Rowton introduced an ordinance
entitled: "An Ordinance To Rezone Lots 1 Through 1Lt In Block 9 Of Thompson's Third Addition
From P.-1 Industrial To M-3 Intensive Industrial, Declaring An Emergency, And ror Other Purposes"
which was read in full by Alderman h'eis.
Alderman Matthews 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:
Aye: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Matthews, and Rowton.
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 Felts then moved
that the ordinance as read be adopted. This motion was duly seconded by Alderman Bassett, and
on the roll being called the voting was as follows:
Aye: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Matthews, and Rowton.
No: None.
The P'.ayor declared that the ordinance had been adopted, and then called attention to the
fact that Section l~, the emergency section, must be adopted upon a separate roll call in order
to be effective.
Alderman Bowie then read Section !y again. Alderman Leggett moved that Section ly be adopted.
This motion was duly aeconded by Alderman Rowton, and on roll call the following voted:
Aye: Aldermen: Weis, Hassett, Bollinger, Bowie, Felts, Leggett, Matthews, and Rowton.
No: None.
The Mayor then declared that the ordinance and the emergency section had been dull passed,
and thereupon he signed the ordinance in open Covncil meeting, his signature was attested by the
City .Clerk under the seal o£ the City,
The ordinance read as follows:
ORDINANCE N0. 477
AN ORDINANCE TO REZONE LOTS 1 THROUGH lh IN BLOCK 9 OF THOMPSON'S THIRD ADDITION FRCM M-1 INDUST_RIB~
TO M-3 INTENSIVE INDUSTRIAL, DECLARING AN EI3ERGENCY, AND FOR OTHER PURPOSES.
WHE.4EAS, an application was made to the Planning Co:mnission of the City of West Memphis by
W. K. Ingram on the 20th day of February, 196„ as provided by Ordinance No. 111 of the City of
West N,emphis; and
WHEREAS, notice was duly published on the 22nd day of February, 1965, that a hearing would be
held by the Planning Commission at 5:00 o'clock P.M, on the 11th day of Parch, 196$, at the
West Memphis City Hall, which hearing was continued until March 1~, 1965, calling upon interested
parties to appear and make known their objections, if any, relative to said application £or
rezoning the lands hereinafter described; and
WHEREAS, at such meeting, pursuant to the application previously made to the Planning
Commission, it was requested that the following. property, to-wit:
Lots One (1) through Fourteen (1!i), Block Nine (9), Thompson's
Third Addition to the City o£ West N.emphis,
be rezoned £rom M-1 Industrial to M-3 Intensive Industrial; and
WI~REAS, no persons appeared to offer protest against the rezoning of such property as
requested; and
WHEREAS, the Planning Commission recommended to the City Council that said rezoning be granted;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF WEST I,~iPHIS, ARKANSAS:
Section I. That the following property, to-wit:
Lots One (1) through Fourteen (lly), Block Nine (9), ThomnsBa's Third Addition to the
City of West Memphis,
now zoned as M-1 Industrial be, and the same is hereby rezoned as M-3 Intensive Industrial.
Section II. All ordinances or parts of ordinances in conflict herewith are hereby repealed.
Section III. A copy of this Ordinance, when duly certified by the City Clerk, shall be subject
to being filed and recorded in the office of the Circuit Court Glerk and Ex-Officio Recorder within
and for Crittenden County, Arkansas.
Section IV - Emergency Clause - She property in question is in the process of development and
such rezoning is necessary for such development. Therefore, an emergency is hereby declared and
this Ordinance being necessary for the preservation of public peace, health, and safety shall be in
full force and effect from and after its passage, approval and publication as required by law.
404
P9ayor Eden informed the Council that Fire Chief Elmo Anderson has submitted his
resignation, and with deep regret and relu~ance he:. had accented the resignation, and
appointed R. L. Simmons Chief upon the resignation of Chief Anderson becoming effective
March 31st. The Council was informed Chief Anderson is eligible for retirement and had
been offered another good job. Thereupon, motion was made by Alderman ldeis: That the
appointment of R. L. Simmons as Chief of Fire Department be confirmed. The motion was
seconded by Alderman Felts. Upon vote, the voting was as follows:
Aye: Aldermen: Weis, Hassett, Bollinger, Bowie, Felts, Leggett, riatthews, and Rowton.
No: None.
liayor Eden informed the Covncil the West Memphis Industrial Development Corporation
had been negotiating with Pidgeon-Thomas Co ., Inc., of Memphis for the location of a
substantial industrial plant, and it will be necessary to call a special election iupon
the question of issuing bonds under Act No. 9 for financing the cost of securing and developing
the plant. After discussion, Alderman Leggett introduced an ordinance entitled: "An
Ordinance Calling A Special Election To Vote Upon The ;question Of Issuing Bonds Under The
Provisions Of Act No. S Of The First Extraordinary Session Of The Sixty-Second General
Assembly Of The State Of Arkansas, Approved January 21, 1960, As Amended, For The Purpose Of
Financing The Cost Of Securing And Developing Industry; Prescribing Other Platters Relating
Thereto; And Declaring An Emergency," which was read in full by Alderman Bowie.
Alderman Bassett 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 Felts and
on the roll being called the voting was as follows:
Aye: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Plattheas, and Rowton.
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 Bollinger
then moved that the ordinance as read be adopted. This motion was duly seconded by Alderman
Ptatthews, and on the roll being called the voting was as follows:
Aye: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Matthews, and Rowton.
No: None.
The P:ayor declared that the ordinance had been adopted, and then called attention to
the fact that Section 6, the emergency section, must be adopted upon a separate roll call
in order to be effective.
Alderman Weis then read Section 6 again. Alderman Rowton moved that Section 6 be adopted.
This motion was duly seconded by Alderman Leggett, and on roll call the following voted:
Aye: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Matthews, and Rowton.
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:
b
i
~;
~~
i
r~
ORDINANCE N0. ~- ! S 4:
1
AN ORDINANCE CALLING A SPECIAL ELECTION TO 70:E UPU;d 1"_iE
QUESTION OF ISSUING BONDS UNDER THE PROVISIONS OF ACT
N0, 9 OF THE FIRST E.YTRAORDINARY SESSION OF THE SIXTY-
SECOND GENERAL ASSEhSBLY OF THE STATE OF ARKANSAS,
APPROVED JANUARY 21, 1960, AS AMENDED, FOR THE PURPOSE
OF FINANCING THE COST OF SECURING AND DEVELOPING INDUSTRY; is
PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING I
AN EMERGENCY. t
WHEREAS arrangements have been made with Pidgeon-Thomas Co „ Inc „ I
a Tennessee corporation (hereafter sometimes referred to as "Pidgeon-Thomas"),
for the location of a substantial industrial plant within or near the City ~
i
t
of West Memphis, Crittenden County, Arkansas (hereafter sometimes referred
to as the "City");
I
and ,
WHEREAS the location of said industrial plant will result in
increased employment, will result in increased payrolls, will alleviate unemploy-
ment, and will result in other public benefits incidental to the operation of a
substantial industrial plant, all of which will be in the best interests of the
City and its citizens and inhabitants; and
WHEREAS in order to obtain funds for the financing of project costs,
necessary costs and expenditures incidental thereto, the amount to provide for
debt service until project revenues are available, and the amount necessary for
a debt service reserve, the City has determined to issue, subject to the approval
of the electors of the City, City of West Memphis, Arkansas Industrial Development
Revenue Bonds under the provisions of Act No, 9 of the First Extraordinary Session
of the Sixty-Second General Assembly of the State of Arkansas, approved January 21,
1960, as amended (herein sometimes called "Act No, 9"), in an amount not to exceed
$400,000,; and
WHEREAS the industrial project will be leased to Pidgeon-Thomas
for net lease rentals sufficient to provide for the payment of the principal of
and interest on the bonds, as the same become due and payable, and the bonds will
be secured by a mortgage on the industrial project as authorized by Act No, 9;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WEST MEMPHIS, ARKANSAS:
Page 2
Section 1. That a special election be, and the same is hereby,
called to be held in the City on the 22nd day of April, 1965, at which election
there shall be submitted to the electors the question of issuing Industrial
Development Revenue Bonds under the provisions of Act No, 9 in an amount not to
exceed $400,000, for the purpose of securing and developing industry (the particular
industrial project is described above); The bonds will be dated June 1, 1965
and interest on the bonds will be payable semi-annually on June 1 and December 1
of each year commencing December 1, 1966, at a rate or rates to be hereafter
fixed. The bonds will mature serially on June 1 in each year on a schedule to be
hereafter fixed for a period not to exceed twenty-five years and will be callable
for payment prior to maturity upon such terms as shall be set forth in the face
of the bonds and in the ordinance authorizing their issuance and delivery:
YEAR AMOUNT
1966 15,000.
1967 16,000,
1968 16,000,
1969 16,000.
1970 16,000,
1971 17,000,
1972 17,000.
1973 17,000.
1974 17,000,
1975 18,000.
1976 18,000.
1977 18,000.
1978 18,000.
1979 19,000.
1980 19,000,
1981 12,000,
1982 12,000.
1983 12,000,
1984 13,000,
1985 14,000.
1986 14,000.
1987 15,000,
1988 16,000.
1989 17,000,
1990 18,000,
Section 2. That said question shall be placed on the ballot for
the special election in substantially the following form:
Vote on measure by placing an "X" in thesquare above the
measure either for or against:
For the issuance of Industrial Development Revenue Bonds
by the City of West Memphis, Arkansas, in an amount not ./ ~
to exceed $400,000,
Against the issuance of Industrial Development Revenue Bonds
by the City of West Memphis, Arkansas, in an amount not to/ ~
exceed $400,000,
It is proposed to issue City of West Memphis, Arkansas Industrial
Development Revenue Brands under Act N^, 9 of the Fitst Extraordinary
Session of the Sixty-second General Assembly of the Stateof Arkansas,
approved January 21, 1960, as amended (herein called "Act No. 9"),
in an amount not to exceed $400,000, for the purpose of financing the
cost of securing and developing industry within or near the City,
rage 3
The bonds will be dated Jule 1, 1905 and interest therean
will be p~y2ble semianr_ua11y on JurA 1 and December _ of
each ;,ear co::r.;enc'_nC Dece::rUer 1, 1955 at a rate or rates to
be hereafter deterained. The bonds will mature serially- in
annual installments on June 1 in each of the yea=s 1950 to
19?C, inclusive. The o4rticular industrial project will
consist of leads and a _°actory cuilding and manufacturing
facilities which industrial project trill be leased to
Pidgeon-Thomas Co., Ire. a Tennessee corporation (herein
called Pidgeon-Tho.:.as") and operated for the manufacturing
and fabrication of steel and iron rroducts and such other
items as Pidgeon-Thomas shall elect to manufacture or
fabricate. The rentals derived from the leasing; of the
industrial project will be aledged to and used for the pay-
ment o° the principal of and interest on the bonds, as the
same become due and aayable, and the Lease Agreement will
provide for net rentals sufficient in amount for that
purpose. The bonds gill not be general obligations of the
City but Drill be special ocligatiors payable solely from
lease rentals an3 revenues derived from the industrial
project and will be secured by a mortga_e on the industrial
project as authorized by Act P7o. 9.
Section 3. That t?ie election shall be held and conducte3 and the vote
canvassed ar_d the results declared under the law and in the manner provided for
municipal elections, so far as the same may be applicable, and the b4avor shall
give notice of such election by an advertisement published once a week for foty^
consecutive weeks in a newspaper having a bona fide circulation in the City of
41est Memphis, Arkansas, with the last pub'_ication to be not less than ten days
prior to the date of the election, and only qualified electors of said City
shall have the right to vote at said election on said question.
Section ~+. That the results of said election shall be proclaimed by
the Mayor and his proclamation shall be published one time in a newspaper having
a bona fide circulstion in said City of West tdemphis, Arkansas, which procla*aa-
tion shall advise that the results as proclaimed shall be cone lusive unless
attac~ed in the courts within thirty days after the date of such proclamation.
Section 5. That a copy of this ordinance shall be°urnished the
Crittenden County Board of Election Commissioners ~o that the necessary election
officials and supplies may be provided.
Section 6. That t?sere is hereby found and declared to be an immediate
need for t'r.e securing an3 developing of industry within the City of West D4emphis,
Arkansas in order to provide emrloy~nent, provide increased pay^-o11s, alleviate
Pa ;e IF
unemployment and provide other public benefits ~_ncidental to the securing and
operation of a substantial industry, and the issuance of the above described
bonds is essential to the financin„ and obtaining of said industry. It is,
therefore, declared that an emergency exists and this ordance being necessary
for the immediate areservation of the public health, sa°ety and welfare shall
be in _°orce and ta;.e effect immediately upon and after its passa~-e.
PASST~..D: Parch lc, 1965
AFFRO.~D:
'%
~'.~ ' ~ L i
ATTEST:
~~~~~:' ~Ze~ City Clerk
(SEAL) '~
Brigadier R. E. Rose, Manager of the Nen~s Rehabilitation Program, for the Salvation
Arigv, appeared before the Council to request the waiving of privilege license for the Salvation
Arm store at 1106 Broadway that offers for sale reconditioned merchandise. Brigadier Rose
stated to the Council liceses are not charged in other cities as considered a charitable
institution as all profits are turned back into the program. City Attorney Dillahunty advised
is a legal question, and he would have to do research on the matter. The matter was held in
abeyance until receive an opinion from the City Attorney.
No further business being presented, the meeting was adjourned.
-' , IAYOR
APPROVED: Q1P3IL 1, 1965