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December 16, 1965PIINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF TAE CITY OF WEST MEMPHIS, _ _ ARKANSAS HAD AND HELD ON_THE 16TA DAY OF DECEMBER _l~E~~ - --- - -- i The Council of the City o£ West Memphis in the County cf Crittenden, State of ' Arkansas, met in regular session at the City Hall in said City at 3:00 e'cloc}: P.Pi. ~ on the 16th day of December, 1965. ~ ~' The meeting was called to crder by the I4ayer, and the roll. being called there ~ were: ~ I Present: Bob-Eden, Piayor, in the chair, and the foll.ovring named Aldermen: I; Franklin Bassett Paul Matthews _ G. I. Bollinger C. H. Rowton I~ R. C. Bowie F. C. ideis Kirby Leggett ~I City Attorney W. H. Dillahunty. Absent: Alderman Earl Felts. ~ It being determined a quorum was present, the £ol]owing proceedings were had ~ to-wit: Minutes of Council Meeting on December 2, 1965, were approved as read. Mayor Eden announced the first order of business would be opening of bids for branch libraries as advertised in the Evening Times on IQovember 2l~, December 2nd and 9th. City Attorney Dillahunty brcught to the attention of the bidders there had been a verbal addendum to the plans for the libraries. The bidders present acknowledged receiving the addendum, thereupon the bids were ooened as follows: Brownlee & Rogers, Inc. ~u3,997.00 Heath & Scarbrough Construction Co. )~4,90E.00 Bill Manning Construction Co. 110,000.00 James H. Taylor and Sons Construction Co. 111,600.00 The N.ayor stated the bids would be taken under consideration and official action will. be taken at the January 6th meeting due to the funds available for the construction of the libraries being included in the funds far the furnishing of the Civic Centers and outside pavilion at Worthington Park, a study of the Financial situation wdl7. have to be completed before the bids can be awarded. The Committee composed of Aldermen Rowton, Leggett, and ldeis reported the Utility Ccmmission had recommended the contract for the Utility Maintenance Headquarters be awarded to the low bidder Brownlee & Rodgers, and that the contract had been awarded accordingly. City Attorney 1Jillahunty informed the Council that, a franchise contract presented For his approval by Ark-Cable, Inc. had been revisee, and after research on the subject, he had drafted an ordinance for the Council's consideration. The City Attorney stated the ordinance did not contain the emergency clause as the Ccmpany had not presented their rules, regulations, and schedule of rates that these items are to be received arior to the January 6th meeting. Upon inquiry by Aldermen, the City Attorney advised he is o£ the opinuon the proposed franchise with Ark-Cable, Inc, vrill not hinder pay TV in West Memphis. The ordinance entitled "An Ordinance Granting A Franchise To Ark-Cable, Inc., 0£ West Memphis, Arkansas, Te Operate F.nd Maintain P. Community Antenna System In The City; Setting Forth Conditions; Providing For City Regulation Of Its Operation, Rates, Payments, Service, Construction, And Maintenance; Containing Certain Prchibitions; Prescribing Certain Penalties; And Providing An Effective llate" was introduced and read the first time by Alderman Matthews, who moved the first reading be approved, the motion was duly seconded by Alderman Leggett, and on the roll being called the voting was as follows: Yes: Aldermen: Bassett, Bollinger, Bowie, Leggett, Matthews, Rowton, and Weis. ido : None . The Council was informed the County Ccurt of Crittenden County has entered an order approving the annexation of territory to the southeastern section of the City where PicCaa Chevrolet Company is constructing a new building. After discussion, Aldertran Patthews ~ introduced an ordinance entitled "An Grdinance Accepting Territory Annexed To The City Of ~ Best Memphis And Inccrporating Such Territory Into LJard !1 Of Such City"which was read in full by Alderman Weis. Alderman 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 Alderman Bollinger, and or. t're roll being called the voting was as Fellows: Yes: Aldermen: Bassett, Bollinger, Bowie, Leggett, Matthews, Rowton, and lJeis. Nc: 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 sloe and that it was carried. Alderman Rowtcn 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: Yes: Aldermen: Bassett, Bollinger, Bowie, Leggett, Patthews, Rovrton, and i~leis. No: None. The P9ayor 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 rcli call in order to be effective. Alderman Leggett then read Section 3 again. Alde:Rnan ?':att.heirs moved that Section 3 be adopted. This motion was duly seconded by Alderman 'eveis, and cn roll call the following voted: Yes: Aldermen: Bassett, Bollinger, Eoa*ie, Leggett, P:atthews, Rowton, and Weis. No: None. The P;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 NO. ?J 7 AN ORDINANCE ACCEPTING TERRITORY ANNEXED TO THE CITY OF WEST MEMPHIS AND INCORPORATING SUCH TERRITORY INTO L9ARD 4 OF SUCH CITY WHEREAS, McCaa Land Company, a corporation, has instituted proceedings in the County Court of Crittenden County, Arkansas, for the annexation of certain territory to the City of West Memphis, and WHEREAS, such territory is contiguous to the City of West Memphis and it is proper and right and for the best interest. of such city that such territory should be annexed, and WHEREAS, the County Court of Crittenden County, Arkansas, has entered ite order approving the annexation of such territory as hereinafter described to this city and it is necessary that the city accept such territory before the annexation can be completed and the territory hereinafter described become a part of the City of west Memphis; NOW, THEREFORE, BE IT ORDAINED BY THS CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1. That the territory hereinafter described be, and it is hereby, accepted as a part of the City of West Memphis, Arkansas, to-wit: Beginning at a point at the southeast corner of ;;; the intersection of Walker Avenue and U. S. -,., Highway 70; thence east along the south right of way line of U. S. Highway 70 600 feet to a point; thence south parallel to the east right of way line of Walker Avenue 500 feet; thence west parallel to the south right of way line of U. S. Highway 70 625 feet to a point on the section line between Sections Sixteen (16) and 6eventeen (17), Township Six (6) North, Range Nine (9) East, (which is the .. center line of Walker Avenue and the existing ` boundary of the City limits of the City of West Memphis,) thence north along the said section line 500 feet to a point on the south right of way line of U. S. Highway 70, thence east along said south right of way line of U. S. Highway 70 to the point of beginning, being located in the Northwest Quarter of the Northwest Quarter (NW~ NWT), Section Sixteen (16), Township Six (6) North, Range Nine (9) East. Section 2. That the territory herein described, upon the confirmation of its annexation to the City of West Memphis by the County Court of Crittenden County, Arkansas, upon final hearing thereof be, and it is hereby, attached to and incorporated in Ward 4 of the City of-West Memphis and shall Forthwith be considered and become a part thereof. Section 3. It is hereby found and determined by the - City Council of the City of West Memphis that this Ordinance is necessary for the preservation of the public peace, health and welfare of the City of West Memphis and the inhabitants thereof and, therefore, an emergency is hereby Found and declared to exist and this Ordinance shall be in full force and effect from and after _,~~~ its passage, approval and publication as required by law. ~- PASSED this ~~~ day of December, 1965. ~~.. ~! l MAYOR ATTEST: '~~~~ CITY CLERK a~., .. - ..:~, ,r . :,~k ... .~,- ,. f ,~: ,;; - 1°layor Peen brought to the Council's attention the necessity of prohibiting the depositing o£ refuse and trash in ditches and the bayou within the Cit;,~. The I~iayor stated considerable amount of money is being spent on the project to eliminate mosquitoes by keening the drainage areas clear and last year 68 Christmas trees were removed from the bayou, also during the year debris is removed. An ordinance entitled "An Ordinance Taking Zt Unlawful To Dump, Deposit Or Place Refuse And Trash Ir. Ditches ldithin The City Of l^?est Aiemnhis, Arkansas; Prescribing Penait-y~ For Violation T'nereo£, Declaring An Slnergency, And For Other Purposes° was introduced by Alderman Leggett, the ordinance was read in full by Alderman Bassett.. Alderman Rovrton 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 £o Mows: Yes: Aldermen: Bassett, Bollinger, Bowie, Leggett, 1"iatthews, Rov,*ton, and Weis. Na: None. ¢he Mayor declared that more then two-thirds o£ the members domi.csing the Council had vbted:in-favor oS the motion to susroend the rule and that it was-carried. >Alderman Bowie then moved that t3ie ordinance as read be adopted. This motion was duly seconded by Alderman Weis, and on the roll being called the voting was as follows: Yes: Aldermen: Bassett, Hollinger, Bowie, Leggett, N!atthews, Rowton, and 'riots. No: None. The Mayer 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 tatthews then read Section 3 again. Alderman Leggett moved that Section 3 be adopted. This motion was duly seconded by Alderman Bowie, and on roll call the £ollororin voted: Yes: Aldermen: Bassett, Bollinger, Howie, Leggett, P:atthews, Rowton, and Weis. Tdc: None. The 1`layor 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: 2?ayor Eden presented the following letter: LAYTON ~EYI?CuR Lepanto, Arkansas ~~ December 15-1965 idor.. IIob Eden, I~:ayor West Nemphis, Arkansas Dear hiayor:- There are those of us who 'ive in the neighboring towrs of North East Arkansas rho are happy over the progress the City of West I•Iemphis is making. 4lhether we are down on the surface, er, one of the overpasses or coming in fcr a landing we can see signs of prugres5-most any way we took. There So signs cf internal strife among your associates on your council and that ma]<es for a healthy condition. To have all ;,yes men or all ne men makes it bad but to have a divided group all fighting each other makes it worse. Your Council all seem to have ideas of their own and 'lay their card on the table, discuss any problem and arrive at a ccndlusion that is satisfactory to all. 'vlith the new Midge across the Mississippi river your growth is bound to be phenominal and in 25 years I predict you will have t;arion swallowed up. I for one rejoice with you on the pr®gress you are making. Cordially, /S/ LAYTOIi SEYMCUR The N:ayor commented on progress accomplished during 1965 cn objectives for the City, and thanked the Council for their co-operation. The Counci'~ nembers expressed their appreciation to the I:ayor For his able leadership. No further business being presented, the meeting was adjourned. ~~ ~ w P:A 0 ATTEST: CITY CLERYi APPROVED: