January 7, 1960~~
bfINUTES OF REGULAR hUiETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS,
_____ ___ ____. _____HE~,D AT_THE CITY HALL IN SAID CITY ON THE 7TH DAY GF JANUAR ~ 1960 AT 3:00_ p,*.9,
On the 7th day of January, 1960, the Council of the City of West Memphis, Arkansas,
met in the City Hall in said City in Regular session. The meeting was called to order at
3:00 P, NI„ and on the roll call the following members of the Council were found to be
present:
Aldermen: O. I. Bollinger, R. C. Bowie, Bob Eden, L, E. Roleson, C. H. Rowton,
and Y. G, Sims; and City Attorney W. H, Dillahunty.
Absent: Aldermen B. J. David and R, H. Ray, Jr.
It being determined a quorum was present, the following proceedings were had to-wit:
Minutes of Council Meeting on December 3, 1959, were approved as read.
Alderman R, H. Ray, Jr. made a delayed appearance at the meeting.
An ordinance entitled "An Ordinance For The Purpose of Re-zoning Certain Real Estate
in Kendal Addition To The City Of West Memphis, Arkansas: Declaring An Emergency; And
For tither Purposes" read the first time on December 3rd and the second time on December 17th
was read the third time. After discussion, motion was made by Alderman Eden: That the
ordinance be adopted as read, The motion was seconded by Alderman Bollinger, and the
following vote was recorded:
Ayes: Aldermen: Bollinger, Bowie, Eden, Ray, Roleson, Rowton, and Sims.
Nays: None.
The Mayor then declared that the ordinance 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 fellows:
nu nTrun nirF nin z~R
AN ORDINANCH FOR THE PURPOSE OF RE-ZONING CERTAIN REAL ESTATE IN KENDAL ADDITION TO
THE CITY OP WEST MEMPHIS, ARKANSAS: DBCLARING AN EMERGENCY: AND FOR CTHER PURPOSES.
WHEREAS, a petition was filed with the City Planning Commission and the City
Council of the City of West Memphis, in Crittenden County, Arkansas, by Military
Underwriters, Inc., by its President, Norman M. Bryant, and its Assistant Secretary,
Vera Ott, Ernest D. Johnson, Billie J. Johnson, and Mrs. Martha Long as owners of the
hereinafter-described property praying that said property be re-zoned as set out in the
petition;
WHEREAS, the said City Planning Commission, after a hearing in a regular meeting of
said Commission held on M11ay 14, 1959, in accordance with the laws of the State of
Arkansas and the ordinances of the City of West Memphis, recommended to the City Council
of said City that said petition be granted;
WHEREAS, the City Council of the City of West Memphis in its regular meeting held
on November 5, 1959, set the public hearing on said petition for December 3, 1959, at
3:00 O'Clock p. m.;
WHEREAS, a notice was duly published on the 9th day of November, 1959, in a local
newspaper of general circulation, as required by Ordinance No. 165 of said City, stating
that on the 3rd day of December, 1959, at 3:00 O'clock p. m., a public hearing would be
held by the City Council of the City of West Memphis, Crittenden County, Arkansas, in the
City Hall in said City for the purpose of taking action upon said petition and calling
upon all persons having objections and notifying all other interested persons to appear
at said hearing so that they might be heard; and
WHEREAS, no person expressed a desire to be heard, or was heard, or made any protest,
or appeared at said hearing to make any objection to such re-zoning of said property and
the Council finds that said petition should be granted and said lands should be re-zoned
as requested;
NOW, THEREFORE, BE IT ORIIAINED by the City Council of the City of West Memphis:
Section 1. That the following-described lands, located in said City:
The West one hundred twenty-five feet (125')
of Lots 3, 4, 5, 6, 7, and Lots 8 and 9 of
Block 181 of the George T. Kendal Subdivision
in the City of West Memphis, Arkansas.
now zoned as "A" Residential District be, and the same are hereby Re-zoned as "D" $nmmercial
District.
Section 2. All resolutions, ordinances and parts of ordinances in conflict herewith
are hereby repealed.
Section 3. A copy of this Ordinance, when duly certified by the City Clerk, shall be
entitled to be filed and recorded in the Office of the Circuit Court Clerk and Ex-Officio
Recorder within and for Crittenden County, Arkansas.
Section 4, EMERGENCY CLAUSE. It is found and declared by the CityCouncil that,
because of the need of coordinated, adjusted, and harmonious zoning of lands within the
City of West Memphis, and particularly the lands hereinbefore described, in accordance
with a proper City plan, it is necessary for the preservation of the public peace,
health, and safety that this Ordinance become effective without delay. Therefore, an
emergency is declared and this Ordinance shall be in full force and effect immediately
upon and after its passage.
*******
Mayor Price announced a number of appointments are to be made, and recommended the
following:
The reappointment of H. D, "Bud" Holland as Chief of Police. Motion was made by
Alderman Bollinger: That the appointment of H. D. Holland as Chief of Police be approved.
The motion was seconded by Alderman Sims, and the following vote was recorded:
Ayes: Aldermen: Bollinger, Bowie, Eden, Roleson, Rowton, Ray, and Sims.
Nays: None.
The reappointment of Elmo Anderson as Chief of Fire Department, Motion was made by
Alderman Ray: That the appointment of Elmo Anderson as Chief of Fire Department be
approved, The motion was seconded by Alderman Roleson, and the following vote was
recorded:
Ayes: Aldermen: Bollinger, Bowie, Eden, Ray, Roleson, Rowton, and Sims.
Nays: None.
The reappointment of W. A, Pezrine as Building, Plumbing, Electric, and Gas Inspector.
Motion was made by Alderman Ray: That the appointment of W. A. Perrine as Building,
Plumbing, Electric, and Gas Inspector be approved. The motion was seconded bq
Alderman Rowton, and the following vote was recorded:
Ayes: Aldermen: Bollinger, Bowie, Eden, Ray, Roleson, Rowton, and Sims.
Nays: None.
The appointment of Mrs. Tommy Sims, Frank Bassett, Sr „ Mrs. Jerrell Lackey,
Mrs. Lester Smith, and Al Maddux to serve for a term of three years on the City
Beautiful Commission. Motion was made by Alderman Roleson: That the appointments to the
City Beautiful Commission be confirmed. The motion was seconded by Alderman Sims, and the
following vote was recorded:
Ayes: Aldermen: Bollinger, Howie, Eden, Ray, Roleson, Rowton, and Sims.
Nays: None.
The reappointment of Planning Commission members - G. I, Bollinger, James Bledsoe,
Vic Foley, H. H, Hyman, John Aeschliman, Jr., R. R. Morley, Levy O'Bryant, Aubry Spear,
and John Wilson, After discussion, motion was made by Alderman Eden: That the
reappointment of the Planning Commission be approved, The motion was seconded by
Alderman Rowton, and the following vote was recorded:
Ayes: Aldermen: Bollinger, Bowie, Eden, Ray, Roleson, Rowton, and Sims,
Nays: None.
Mayor Price requested the Aldermen to serve on the following committees:
Police Eden and Ray
Fire Roleson and David
Street Rowton and Sims
Engineer Roleson and Bowie
Education David and Ray
Planning Eden and Sims
Building Bollinger and Rowton
Personnel Bollinger and Eden
Equipment David and Roleson
Civic Clubs Rowton and Bowie
City Beautiful Ray and Sims
Finance Eden and Bollinger
~1
The Mayor informed the Council A. L, Hammett's term of office as a member of the
Housing Authority of the City of West M11emphis has expired, and the Housing Authority
had recommended the reappointment of Mr, Hammett for a term of five years. After
discussion, motion was made by Alderman Ray: That the appointment of A. L. Hammett for
a term of five years to lthe Housing Authority of the City of West Memphis be approved.
The motion was seconded by Alderman Bollinger, and the following vote was recorded:
Ayes: Aldermen: Bollinger, Bowie, Eden, Roleson, Rowton, Ray, and Sims,
Nays: None,
Reports as to Financial Condition of Curb and Gutter Improvement Districts 3 and 4
of West Memphis, Arkansas, as of December 21, 1959 were presented by Attorney W. H. Dillahunty,
Attorney for the Districts. After discussion, the Reports were ordered filed,
City Attorney W. H, Dillahunty presented an ordinance entitled "An Ordinance To
Amend Ordinance No. 375; Which Provides Fire Limits, Regulations As To Buildings And
Structuresi"'for consideration of the Council, After discussion with Building Inspector
Perrine as to restrictions provided in the ordinance and the building code; motion was
made by Alderman Ray: That the first reading of the ordinance be approved, The motion
was seconded by Alderman Roleson, and the following vote was recorded:
Ayes: Aldermen: Bollinger, Bowie, Eden, Roleson, Rowton, Ray, and Sims.
Nays: None.
The following Resolutions were presented by theCity Attorney:
RESOLUTION N0, 223
WHEREAS, Tames Bledsoe has served the City of West Memphis as Alderman from
Ward Three (3) for ten (10) years; and
WHEREAS, during his tenure of office, James Bledsoe has faithfully served the
City of West Memphis, Arkansas, and has been attentive to hia duties; and
WHEREAS, James Bledsoe has discharged these duties during his tenure of office
with diligence, and has performed many services and duties as Alderman beyond the
prescribed statutory requirements; and
WHEREAS, the City of West Memphis and the citizens therein have been greatly
benefited by the services of James Bledsoe;
THEREFORE, WE, the Mayor and members of the City Council, pass this Resolution
and extend our sincere thanks and appreciation to James Bledsoe for services rendered
as Alderman, Ward Three (3), City of West Memphis, Arkansas, and order that this
Resolution be made a part of the official minutes of this meeting, and th a
certified copy thereof be given to James Bledsoe.
/ MAYOR
ATTEST f,~, ~
CITY C
*,~~***
Motion was made by Alderman Rowton: That the Resolution as presented be adopted. The
motion was seconded by Alderman Ray, and the following vote was recorded:
Ayes: Aldermen: Bollinger, Bowie, Eden, Ray, Roleson, Rowton, and Sims.
Nays: None.
RESOLUTION N0, 224
WHEREAS, James Himes has served the City of West Memphis as Alderman from Ward
Four (4) for six <6) years; and
WHEREAS, during his tenure of office, James Himes has faithfully served the City
of West Memphis, Arkansas, and has been attentive to his duties; and
WHEREAS, James Himes has discharged these duties during his tenure of office with
diligence, and has performed amny services and duties as Alderman beyond the prescribed
statutory requirements; and
WHEREAS, the City of West Memphis and the citizens therein have been greatly
benefited by the services of James Himes;
THEREFORE, WE, the Mayor and members of the City Councill, pass this Resolution and
extend our sincere thanks and appreciation to James Himes for services rendered as
Alderman, Ward Four (4), City of West Memphis, Arkansas, and order that this Resolution
be made a part of the official minutes of this meeting, and that a certified ropy thereof
be given to James Himes, -
. --~-,.. f C../ //
ATTEST;~~ ~~~ 4~i!'l:Ei~N YOR
Motion was made by Alderman Bowie: That the Resolution be adopted as read, The motion was
seconded by Alderman Sims, and the following vote was recorded:
Ayes: Aldermen: Hollinger, Bowie, Eden, Ray, Roleson, Rowton, and Sims,
Nays: None.
Certificates of Appreciation to Aldermen Bledsoe and Himes were executed by the Mayor and
City Clerk,
Mayor Price informed the Council of the necessity of construction of two additional
fire stations and improvements to the city jail, and to provide funds for the construction
it would be necessary to reissue X187,000 callable Ad Valorem Bonds and issue X165,000 new
bonds. After full discussion of the contemplated bond issue and obtaining architects '
estimate of cost, the following agreement with A. E. Stuck & Associates of Jonesboro and
West Memphis was pregented:
AGREEMENT
This Agreement made the 7th day of January of the year Nineteen Hundred Sixty by and
between City of West Memphis, Arkansas, hereinafter called the Owner and E. A. Stuck,
T. S. Prier, W. H. Lane, & A. E. Scott, Jr., a partnership dba Elmer A. Stuck & Associates
of Jonesboro, Arkansas, hereinafter called the Architect.
Witnesseth, that whereas the Owner intends to construct Public buildings within the City
of West Memphis, Arkansas, to be later designated by the City Council
Now, Therefore, the Gwner and the Architect, for the considerations hereinafter names,
agree as follows:
The Architect agrees to perform, for the above named work, professional services as
hereinafter set forth.
The Owner agrees to pay the Architect for such services a fee of six (6) per cent of the
cost of the work, with other payments and reimbursements as hereinafter provided, the said
percentage being hereinafter referred to as the "basic rate". The parties hereto further
agree to the following conditions:
1. The Architect's Services: The Architect's professional services consist of the necessary
conferences, the preparation of preliminary studies, working drawings, specifications, detailed
drawings for architectural, structural, plumbings, heating, electrical and other mechanical
work; assistance in the drafting of proposal forms and contracts; the issuance of sertificates
of payment; the keeping of accounts, the general administration of the business and supervision
of the work.
2. Extra Services and Special Cases: If the Architect is caused extra drafting or other
expense due to changes in drawings and specifications ordered by the Owner after their
completion and approval by the Uwner or due to the delinquency of insolvency of the Owner or
Contractor, or as a result of damage to uncompleted building by fire or tornadeo, he shall be
paid equitably for such extra expense and the service involved, If any work designed or
spec ifiedby the Architect is abandoned or suspended, in whole or in part, the Architect is to be
paid for the service rendered on account of it up to the time of such abandonment or suspension.
3. Payments: Payments to the Architect on account of his fee shall be made as follows:
Upon completion of preliminary studies and instruction from the Uwner to proceed with the working
drawings and specifications, a sum equal to 20% of the basic rate computed upon a reasonable
estimated cost of the building.
Upon completion of the specifications and working drawings payment aggregating a sum sufficient
to increase payments to 70% of the basic rate computed upon a reasonable estimated cost based
upon completed specifications and drawings, or if bids have been received, then computed upon the
total of the lowest bona-fide bids which make up the total cost of the building.
From time to time during the construction work on the building the Architect shall be paid as
requested by monthly statements on the remaining 30% of the fee until the entire amount of the
fee shall have been paid on the entire cost of the building as represented by signed contracts
between the Owner and the various contractors employed on the work together with all authorized
change orders over which the Architect has had supervision. No deductions shall be made from /
the Architect's fee on account of penalty, liquidated damages or other sums withheld from
payments to contractors,
4. Surveys: The Architect, at his own expense, will obtain a survey of the property on which
the building is to be erected. The Architect shall not be held responsible for any errors in
property descriptions, easements, encroachments or any hidden utilities of any kind that run
with or are located on the property with which the building might conflict.
5. Supervision of the Work: The Architect will endeavor to guard the Owner against defects
and deficiencies in the work of contractors, but he does not guarantee the performance of
their contracts. The Architect or his duly authorized representative shall be present upon the
work of construction at least once each day that work is in progress for the purpose of super-
vision of construction.
41
6. Preliminary Estimates: The Architect will furnish preliminary estimates of the cost
of the work but he does not guarantee the accuracy of suh estimates.
7. Defination of the cost of the work: The cost of the work as herein referred te, means
cost to the Owner, but such cost shall not include any Architect`s fee nor reimbursement
covered by Article 2 of this agreement.
8. Ownership of Documents: Drawings and specifications as instruments of service are the
property of the Architect lwhether the work for which they are made be constructed or not
and are not to be loaned, sold or used for the construction of any other work without the
permission of the Architect. The Architect will furnish the Owner with such number of sets
of the drawings and specifications as he may require for his permanent records.
9. Successors and Assignments: The Owner and the Architect, each binds himself his partners,
successors, executors, administrators and assigns to the other party to this agreement and to
the partners, successors, executors, administrators and assigns of such other party in respect
of all covenants of this agreement.
10, Arbitration: All questions in dispute under this agreement shall be submitted to
arbitration d the chocie of either party.
The Owner and the Architect hereby agree to the full performance of the covenants of this
agreement.
In Witness Whereof they have executed this agreement, the day and year first above written.
City of West Memphis, Arkansas
b~ ~~ ~ or
ity Clerk
Owner
Elmer A, Stuck & Associates
by Partner
Architect
t*xx**
The Building Committee, composed of Aldermen Bollinger and Rowton recommended the agreement
be entered into by the City. Thereupon, motion was made by Alderman Eden: That the Mayor
and City Clerk be and they are hereby authorized to execute the agreement as presented. The
motion was seconded by Alderman Roleson, and the following vote was recorded:
Ayes: Aldermen: Bollinger, Bowie, Eden, Ray, Roleson, Reston, Sims.
Nays: None.
The Building Committee and Fire Chief Anderson were requested to study rating bureau map for
locations for fire stations and present recommendations to Council at a later date.
Mayor Price appointed Aldermen Rowton and Sims to contact officials of Riggs Tractor Company
with reference to securing right of way for construction of Thompson Street to Ingram Boulevard.
There being no further business to come before the meeting, Alderman Roleson moved the meeting
adjourn, which motion was duly seconded by Alderman Ray, and the following vote was recorded:
Ayes: Aldermen: Bollinger, Bowie, Eden, Ray, Roleson, Rowton, and Sims.
Nays: None.
Mayor Price declared the meeting adjourned.
ATT T: _yGLSCIi~-
CITY C
e ~0 0
MLYOR
APPRCVBD: JANUARY 21, 1960