December 15, 1953MITIUTES OF A 3EGULAR i~~ETLrIG OF THIN CITY COUfICIL OF THE CITY OF WEST ~TEMPHIS, ARKANSAS,
HAD AIID HELD OPI 1)EClI~Blil2 15, 195. _ _ .. _ _ __,.
The Council of the City o° West Memphis met in a regular session at the City Hall
in said City at 7:30 P.M. on the 15th day of December, 1953.
The meeting was called to order by the Mayor, an upon roll call there were:
Present: P~tayor GJ. B. Fordyce presiding and the following Alderman:
James Bledsoe, 0. I. Bollinger, John Burrow, Freeman Finley,
Curtis Foster. A. R. Planchester, P. B. Powers; City Attorney
At]_ee Harris, and City Clerb- 4J, R. Seaton.
Absent: C. H. Rowton.
It being determined a quorum was present, the following proceedings were had to-grit:
Alinutes of Counri7. Meeting on December 1, 1953, were read and approved.
Attorney C. B. Nance, Jr. representing Cooper Planing Company appeared before the
Council requesting that the City make an additional appropriation of Two Thousand Two
Hundred Fifty and No/100 Dollars (~;~2,250.00) as an additional expense and cost of
levelling the spoils on the drainage ditch through Avondale Gardens, Inc.
It was explained to the Council that at a prior meeting of Alderman Bledsoe,
City Attorney Harris and the I~layor with the Commissioners of Drainage District No.c
and others,.the City assumed and agreed to pay the sum of Three Thousand Two Htuldred
Fifty and No/100 Dollars (x3,250,00) as their part at that time for levelling the
spoils, and that the City had been now presented with a bill for this amount.
Mayor Fordyce and Aldermen Finley and Bledsoe reported to the Council as to a
recent meeting caith the Commissioners of Drainage District Pto. 6 and others about the
new amount necessary and required of the City, which they likewise understood to be
approximately Two Thousand Two Hundred Fifty and NO/100 Dollars (•;2,250.00).
After a full discussion of the matter by the Cowzcil and with the understanding
that the City has not up to this time paid the Three Thousand Two Hundred Fifty and
PIo/100 Dollars 03.250.00) and is not financially at this time in a position to pay
the additional sum of Two Thousand Two Hundred Fifty and PJo/100 Dollars during the
year 1953, upon motion made by Alderman Foster and seconded by Alderman Manchester and
upon vote the Aldermen voted:
Ayer Bledsoe, Burrow, Finley, Foster, Manchester, and Powers.
Nay: P1one.
Alderman Bollinger abstained from voting.
The Council passed the following Resolution:
That the City of 6Jest Memphis pay an ad:?.itional sum, not to exceed Two Thousand
Two Hundred Fifty and No/100 Dollars (~2,250c00) as the City~s final portion of the
expense incurred with Drainage District No. 5 and others in the cost of levelling the
spoils on the ditch now being dug through Avondale Gardens, Inc. Subdivision.
The City Attorney advised the Council when this payment or any payment is made
that checks be made payable by the City to Cooper Planting Company and Crittenden
County, Arkansas.
Mayor Fordyce presented the following letter:
December 9, 1953
The Honorable W, B. Fordyce
Gdest I2emphis, Arkansas
De ar T-layor
~rlith reference to letter dated Plovember 2L~, 1953 from Mr. Howard E. hucy,
Assistant Director, Federal Housing Administration, Little Rock, Arkansas, in
which they stated that the bond that was executed by Mr. Lewis McISee and
John A. Cooper was not acceptable daze to federal regulations that were set up
several years ago, unless the following resolution was passed by the City
Council.
"In view of Personal Indemnity Bond being executed by Cooper and McKee
in favox• of West Memphis, the City agrees to accept the responsibility
for the installation of streets in Avondale Gardens Subdivision In Part
One in accordance with F.H.A. subdivision requirements, the City will
further see that this work is completed immediately after July 1, 1954,
should the planners falter on their bond."
6Je have no intention of faltering on this as it is to our advantage to get this
wo:ric done as soon as weather permits in the early part of 1954.
Sincerely your. s,
AVONDALE GARDEPIS, II~IC.
BEN D. GII,LILAND, SR.
Executive Vice President
and Sales Manager
~r ~J ~!_~
After discussion, Alderm:~un Finley recommended that estimates be received by the
City as to the estimated cost of the worl: as of July 1, 1951x, said. estimates being
e,ct;ected by the City no further action t,rts tal.en.
P1ayor Fordyce presented fo].]ot~rirrg letter front the Ar.k2nsas Hightray Department:
STATi~ OF I~RI;APISAS H:IGi~IAY DisI'ARThIEldT
December 3, 1953
Hon. W. B. F'ordvice
Pla.yor
':Jest 1'Iemlhis, Ar'•:ansas
Dear Y1a;;ror Fordyce:
Tn accordance with your request dated October 12th, tae made surveys of traffic
conditions at the three i.ntersection^ mentioned, These consisted of traffic vo].tzme eotrnts,
of intersection vehir,]_e and pedestrian movement counts, speed checks, accident histories
and general observations. [de are sorry thaw a retort could net be prepared sooner. These
reports required corisi.d2rable study and our staff is sma].1.
The fo:l.].owing conclusidn and recontmen~iations are offered for your. consideration:
1. P1o traffic s:i.gna].s should be installed at this time, Isolated signals such
as those requested tiaciuld tend to delay traffic and create add.itinnal hazards,
rather than intpx•ove conditions.
2, A traffic officer should be assigned to duty at the interseotiorr of ti. S. Highway
Ito. 7o and ]_;~th Street during the time that school children and school buses are
crossing.
3. The City should take steps to acquire off street parking lots now -while vacant
property c7_ose to the business district is presently avi.lable.
~t • The City and the H:ighaay Depax•tmen t should unclertal:e a program of channelization
witdx median islands, curb, gutter and sidewalks through the built-up section so
that vehicle movements could be controlled in an orderly manner and saf.'e pedestrian
crossings provided. This can be accompJ.i.shod. by stage-construction and serious
consideration shouJ~l be given to starting on a program trithout delay. Pit°. Johnson
has d.i-scussed this tirit.h the Chamber oi° Commerce several times.
Attached are: a discussion of conditionss, a speed. graph and ttao intersectional charts
for each of the fol]_ot~ri_ng intersect-ions:
lJ. 5, Highway No. 61 and. Danner Street
U. :i. Highway DIo, 7U and Hulbert Street
U. S. Highway P1o. 70 and llrth Street
Yours vary truJ_ir
Herbert Pldridge
Director
Fred J. Herring, engineer
Statistics and Analyses
Mayor Forcl;y~ce annnu.nced there would be no action taken on the proposed pet~rer rates
at this meeting, however, plans would be comp].etsed to present the ma tex• to the Council
on December ?2, 1953.
Plotice of hearing on rezoning Lot 29, Blork 72, ';endal Addition having been published
^n ltevembor 2O, 1953, Mayor Fordyce stated the meeting trould be open to hear any objections
to the proposed rezoning. ido one appearing, ani after discussion of the matter tai.th
l~iza Wil]_iams, the applicant, ordinance iras irtroluced. in sari t,inn_ and read in fuJ_l by
Alderman BoJ.linge.r.
Al'%era.inn BJ_edsoe moved that the rule requiring said ordinance to be read in full
on three different. days be su.^pencle!l, anal that, said ordinance be placed. on its second
readinf>,; motion was seconded by Alderman I?anchester, anal thereafter the 1_[ayor put the
qtt~,^,ti.an on the adoption of said motion. and. the roll being called, the follo:ainn
voted:
Aye: Bledsoe, Bol~a.inger, Bux~rot-r, Finley, Foster, P~°anchester, ant }:'orrery.
Play: 1'Ion~=.
GJheretrpon the .Mayor declared the motion duly paseecl and said. ordinance placed on
i_ts second reading. '.Phe ordinance was than read the second time tr+ Alderman Barrett.
A.lderm~tn I'otre:r, then moved. that said ordinance be notr placed upon its final
adoption; motion was seconded by Alderman Fester, and after duE; consideration thereof ,'
by said Counci.l., the Nlayor put the quc;stion on the adoption of the motion, and. upon the ~:~
ro]_1. bei.nt* called, the following voted:
Avec R]ed~ne }lnllinaer Bnrrnw. T'inlev Fn~t.nr Pdanr.l,est:~r an~3 ~ nt~rnr^.
~J_
`Whereupon the Mayor declared the motion duly carried and said ordinance placed upon
its final reading and adoption.
Said ordinance was read in full by Alderman Finley who moved its adoption, seconded
by Alderman Bollinger, and after due consideration thereof by said Council, the T•Iayor put
the question upon the adoption of said motion, and upon passage of said ordinance, and the
roll being called, the following voted:
Aye: Bledsoe, Bollinger, Burrow, Finley, Foster, 1`4anchester, and Powers.
Tlay: D?one.
Whereupon the Tlayor called to the Councils attention that the ordinance adopted
contained an emergency clause and suggested that specific action should be taken by the
Council on this clause, Whereupon motion was made by Alderman Bledsoe and duly seconded
by Alderman Panchester that the emergency clause of said ordinance be adopted, and the
roll being called, the following voted:
Aye: Bledsoe, Bollinger, Burrow, Finley, Foster, Manchester, and Powers.
Nay: Plone.
Whereupon the PTayor declared said motion duly adopted and said ordinance duly
passed, and. signed. his approval to said ordinance and tk•:e City C1~:.r?: Vras directed to
spread the same upon the record of Ordinances of the City of West Memphis, Arkansas,
anci to have same published as required by law, and to rnuner said ordinance Tdo. 207.
Sa:i.d ordinance to which no ariendment teas offered read as fo7.:l.ows:
ORDINANCE NO. 267
API OIlDTTdAPICE HT7,ONITIG LOT 29, BLOCI{ 72, ISENllAL SUBDIVISIODI TO TItE CITY OF WEST PiEMPHIS,
ARY,ANSAS, AS A "D" COPIMERCIAL DISTR~[CT.
WT~R.EAS, on the 12th day of November, 1953, the Planning Commission met for the
pux•pose of determi.n:i.ng in what classification the land hereinafter described should. be
rezoned., ane.l after hearing the otimer of said land, all other interested persons, and
from all information, and all other things before the Planning Commission it was the
finding of the Planning Commi,ss:i_on that said lands should be rezoned as "D" Commercial
District, and
WI~I2~'AS, Notice was du7J published on the 20th day of November, 1953, that a
hearing would be held before the City Counci_1 at 7:30 1'.tl, on Tuesday, December J.S,
1953, for the pw pose of hearing all interested parties in connection with the
rezoning of the land hereinafter described, and
W1~REAS, at said meeting the owner of said land appeared and requested that the
same be rezoned as a "ll" Conur,ercial District, and
tiJfIEItEAS, no persons appeaz•ed to protest against rezoning said land as a "D"
Commercial District, and after hearing the owner and other interested persons, the
Cowici7_ finds that said land should be rezoned as a "D" Commercial District, now
Bli l~' ORDAIIIED BY THE CCII'Y COUTICI]~ OF THE CITY OI' WEST 1SLP1PHI5:
SECTION 1. "D" Commercial District: That the following land, to-wit:
Lot 29, Blocl: 72, Kendal Subdivision
to the City of tn'est Piemphis, Arkansas.
be and the same is hereby* zoned as a "D" Coi~emercial District.
SECTION IT. ORDIIIANCliS 7Td COI1I~~ICT I~REWI'TH IZEPEALI~D: A11 Ordinances or parts
of ordinances in conflict hereiai.i;h are hereby repealed.
SECTIGI'1 III. ETIERGEIICY CLAUSE: It being deterfiiined by the City Council that the
above land is in the process of having improvement erected thereon, and it being
necessary that said land be rezoned before said improvement is erected thereon, and
this ordinance being necessary for the inunediate preservation of the public peace,
health, saSety and happiness of the citizens of the City of West I~iemphis, an emergency
is hereby declared to exist and this Ordinance will_ tole effect and be in full force
immediately upon its passage and approval.
~C~~ A
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rl
!i
Ilayor• I'ox•dyce announced. that a notice of heal•i.ng ort rezoning lots 21 and 22_, B7_ocl: J1r'~, ~~
ICenda7_ Subdivision publ3.,^hed. on November 20, 19`;3, t~rould be considered. also and anyone
protesting the rezonintr e:£ t:he ar.•ea eras requeatecl to make 1-nowrr his ebjecticrzs, no one appear-
irrg, and after cliscussicn, ox•dinarice tray int•rodtzced. in t>2•iting and .read i_rt .fu7.7_ by Alderman
f ~_nle}~:
Lf
Alderman Foster moved that the rule requiring said orc}finance to be read in full on ij
tluee di_.fi'er•ent days be suspended, and that said ordinance be p7.aced on its second. reading; i
motion w~ur secorulcci by A7.cier•tnrzn Btu•rorr, and therea!'t•er tho .Itayor put the question on i;ho
adoption of said moti.en, and t}re rol7_ being ca7.._led., the :followinr~ voted: ';I
Ayt : Bledsoe, Belli.nP;er, Burrntr, Fixt:ley, foster, rianchestez•, and Potrers.
Alay: Hone.
'~~Jttoreupon the Ilayor declared the motion ctuly passed and saidordinance placed on it;s
second, rea.d-ing. The ordinance was there read. the second time by Alderman PPanchester.
A7.derrrtan Bledsoe then moved that said ordinance be now place upon its final adoption;
motion was seconded by A.ldernzan Bo7.7_inger, and after due consideration thereof by said.
Council, the Ilayox• put the question on the adoption of the moticn, and upon the rol]_ being
called., the following voted.:
ASS: Bledsoe, Bollinger, Btu•ro:r, Prole}r, Foster, iranchester., and rowers.
Rtay: None.
UIlzereupon the Playox• declared. the mo±.on du7.,-yr carried and. said ordinance p7..aceci upon
its final re:ti..ng aaul aclnpticn.
Said ordinance was read in full.. h;,r Alderman r'in7_ey who moved its adoption, seconded
by Alderman Foster, and after due consideration thereof bP• said Cotuzcil, the I7a~ror put the
question upon the aclopt.ion cf sa:i.d motion, and upon p:zssage of said ordinance., and the
roll being called, the following voted:
A;,•e: Bledsoe, Bol.:7_inger. Burrow, Finley, Foster, Iii-,nchester. an~-1 Powers.
Alay: I}one .
lIlze.reupon the Playor ca.1"led to the Counci7.s att.enti.on that. the ordinance adoptsed
cani;ained an emergency c7.ause and suggested. tha{; specific action should be token by the
Council on this cl.atzse. 6J}~eroupon motion was made by Aldermran Burrow and duly seconded by
Alderman i•!anchester that the emergency clause of said orclistance be adopted, and the ro11
heinC; called, the fol.7_gt,ring• voted.:
Aye: Bledsoe, Bollinger, Burrotr, I'-i_n1ev, Foster, Ilancheste.r, and I'owerr~.
11a;,=: Ilene .
'Jet°renpon the I;.ayox• declared said motion du7_y adopted and said. ordinance clv7.Pr passed,
ar~.1 signed his apprroval to said ordnance acrd the City Cler1<. was directed to spread the same
upon the record of Orlinasrces of the City of. ;lest L~mrnplu.s, r1x•1-ansas, and to havo same pub7_ished
as required b}* larr, and to nnrnber said ordinance Ito. 26~.
Said ordinance to which no amendment rags offered read as :E'ollorrs:
ORl)7_IIA2ICP tIO. 2ti8
APJ O:RI)IPIAITCF FL?,7OI1:1TJcl T.,CTS 21 AP}D 22, BLOC1~' 11,5, 'TidIUnT. si7Bl)IVl~lCli 'I'0 TIIIs CITY OI 67 ,i3'_P I ~IchH1S,
Aitr~'AIISIIS, AS A "D" COI~:GIlC71lT: DI3TC.ICT.
~•Jff-,R?A`3, on the. 12th d_ay oi' Not~e~mber. 15>53, the Plann:i.ng (.otrTrission met for the ptu^pose of
determinC; i.n wha.t cl.assificatiorr the 7_an~is hereJrri'ter described should be rezoned., and. after
hear•i.ng the otaner of said lands, a1.1. othex• itt.terestecl persons, and from a17. infoz-rnat.i.on, and
all other $ri_ng•s before the Planning Comntiss~.on, it r;as the fncline" of the I'lanril_n,<<, Contm:issien
that said lands shntt7.d be r•e<^,oned as "P" Corrmerc:i.a7. llist;ri.ct, and.
l~-IiIG~I?T;AS, Ilntice *.Jas duly published on the 20th c}az- of Iloven,ber, 1953, that a hearing would.
be held before thw City Council at 'T :3O P.P?, on 7.'u~^day, December 7~, 1953, for the purpose of
hearint* all. i.nt;erested parties in connection r;it;h tyre rezoning of the lands hereinafter described.,
and
'dH~'I~L;1;^, at; said. meeting the etmer a" sai~l_ land appeared. and requested i:•hat. t}re same be
re^oned as a "D" Cor?mor•cia7 -~istri ct, arrc?
tJllri?.EA). no pc~z•sons appeared to protest. aga:i.nst rezoning said lands as a. "r)" Corrtrnerci.al
Distr .ot, and. after hoar'inS>, the other and other interested. persons, the Council ~'i_ncls that
said lands should be rezoned ~~ a ''D" Cerer~rcial ??,strict, note
B?~ IT ORDAl1JFD BX THE CITY C"UP1Ci:L OF 'rH~~, CITY OI' t•T l ID3PIT~IIIS
SECTTOTI 1. "D" CClT~Ifs1J~CI~1T D1S7.7).-iGT: ':Chia the fol_lotring extols. tc-trit:
Tots 27. and 22, Block 1Lt5. Ilendal StihcL_visi.en
to the Ci.{;Pr o{.' 1,lest iTemphis, r~.r]<ansas
be aa~d the sync are hereby zoned. as a "D" Commercial llistrict.
C~
SECTION II. ORD7NAP}CF;S IN CONIT,ICT I~RT;WITH REFEAT,L'D: A71 Ordinances or parts of
Ordinance in conflict herewith are hereby repealed.
SECTION III. E}IERGIsT1CY CLAUSE: It being determined b3- the City Council that the above
7.ands are in the process of having improvements erected thereon, and it being necessary that
said 1_ands be rezoned before said improvements are erected thereon, and this ordinance being
necessary for the inunediate preservation of the public peace, health, safety and happiness of
the citizens of the City of West PTemphis, an emergency is hereby declared to exist and this
Ordinance trill. take effect and be in full force immediately upon its passage and approval.
liayor Fordyce informed the Council he had received the following letter of resignation.
from Fire Chief GJhi.t Murphy:
December 15. 1953
Honorable W. B. Fordyce, Mayor and
Iiembers of the City Council.
Gentlemen:
It is frith mined feelings of joy and regret that I tender my resignation as Chief of
the Fire Department effective January 1.
For some time I have been considering an offer of the State Department of Education
and yesterday accepted the position of State Fixe Instructor. It was by no means an easy
decision to make,
I wish to ta}ce this opportunity to than}~ you, individually and cell_ectively, for your
very fine cooperation throughout my torture of office.
Fel_1_ow employees of the City have been wonderful and nowhere can there be found a more
loyal, selfless, sincerely interested group than the men crnnprising the West Memphis Fire
Department.
lly near duties will include working frith fireman and city officials all over the state
and I trill be looking forward frith pleasure to visits back home, at every opportunity.
Sincerely,
/S/ WF11T IiITRFfiY
It was consensus of opinion that a resolution of appreciation for Chief I4tu•phyts services
be made a matter of record, Mayor Fordyce informed the Council he would appoint a committee
to assist the City Attorney in preparing a resolution to be presented at the next meeting of
the Council.
The Building Inspeoctor presented. the following building pernrats he had authorized to
be issued, motion was made, passed, and adopted to conf'~_rm the action of the Building Inspector
in the issuance of the following permits:
J. E. Counts - I. E. Balhau
First Methodist Church
Arthur Jennings
J. t4. I'orbus
H. H. Tuseth
Corrine Broo}a
Ralph S. Abraham
tss. Ruth Powell.
Hircle lJoodson
Motion was made by Alderman Bledsoe and. seconded. by Alderman Powers to adjourn the meeting
until. Tuesday, December 22, 1953, at 7:30 P.Pi. Upon vote, the Aldermen voted:
Aye: Bledsoe. Bollinger, Burrow, Firr7_ey,.Foster, Manchester. and Potaers.
Play: None.
~~~
-V - PIAYOR
ATTEST : Gi~_~~
+~ CIl'Y CT,ERI'
APPRCVEI?: DECEMBL.R 22, 1953