March 17, 1960 (2)43
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OP WEST MEMPHIS, ARKANSAS,
HELD AT THB CITY HALL IN SAID CITY ON THE 17TH D4Y OP MARCH, 1960, AT 3:10 P. M,
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On the 17th day of March, 1960, the Council of the City of West Memphis, Arkansas,
met in the City Hall in said City in a regular session. The meeting was called to order
at 3:10 P, M, by the Mayor, and on the roll call the following members of the Council
were found to be present:
~~ Aldermen: R, H, Raq, Jr., Y, G. Sims, R. C, Bowie, Bob Eden, L. E. Roleson, and
C, H, Kowton; and City Attorney W, H. Dillahunty.
ji Absent: Aldermen: O, I, Bollinger and B, J. David,
It being determined a quorum was present, the following proceedings were had to-wit:,
Minutes of Council Meeting on March 3, 1960, were approved as read. '
Mayor Price recommended the reappointment of Mr, S, E, Cross as a member of the
Recreation Commission, Motion was made bq Alderman Eden: That S, E. Cross be reappointed
as a member of the Recreation Commission for a term of five years in accordance with
Ordinance No, 134, The motion was seconded by Alderman Roleson, and the following vote
was recorded:
Ayes: Aldermen: Ray, Sims, Bowie, Eden, Meson, and Rowton,
Nays: None.
The Council was informed Mr, Lewis Lincoln, a member of the Recreation Commission,
has been transferred to St, Louis, Missouri, Mayor Price recommended the appointment
of Mr. J. M, Earney to fill the unexpired term of Lewis Lincoln as a member of the
Recreation Commission, The motion was seconded by Alderman Roleson, and the following
vote was recorded:
Ayes: Aldermen: Ray, Sims, Bowie, Eden, Roleson, and Rowton.
Nays: None.
Recommendation of the Planning Commission that the following described property:
That part of Block G, Lyndon Addition to the City of West Memphis, Arkansas, described
as follows: Starting at the southwest corner of Block G, Lyndon Addition, thence east
along the north right-of-way line of Ross Avenue 262,5 feet to the point of beginning;
thence north 60 feet; thence east 120 feet on a line parallel to thenorth line of
Ross Avenue; thence south 60 feet to a point on the north line of Ross Avenue; thence
west 120 feet along the north right-of-way line of Ross Avenue to the point of
beginning; be rezoned from C Multiple Pamily to D Commercial zone was presented. After
discussion, motion was made by Alderman Ray: That date of hearing for rezoning that
part of Block G, Lyndon Addition be set for April 7, 1960, at 3:00 P,M„ and the
City Clerk be instructed to have Notice published in accordance with Ordinance No. 165.
The motion was seconded by Alderman Eden, and the following vote was recorded:
Ayes: Aldermen: Ray, Sims, Howie, Eden, Roleson, and Rowton.
Nays: None.
The Planning Commission recommendation that the Housing Authority of West Memphis
request for rezoning be approved was presented, The tracts of land to be rezoned are
as follows:
That part of the NEB of Section 13, Township 6 North, Range 8 Bast,
described as follows: Commencing at the east quarter corner of
Section 13, Township 6 North, Range 8 East, thence south 89 degrees
10 minutes 30 seconds west 1650 feet along the center line of Jackson
Avenue extended, thence north 30 feet to the point of beginning; thence
north 400 feet, thence south 89 degrees 10 minutes 30 seconds seat 580
feet, thence south 400 feet, thence north 89 degrees 10 minutes 30
seconds east 580 feet to the point of beginning, from "A" Single Family
Residence and "B" Two Pamily Residence to ^C" Multiple Pamily Residence;
Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19,
20, 21, 22, 23 and 24 in Block 1; Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,
12, 13, 14, 15, 23, 24, 25, 26, 27, 28, 29, 30, and 31 in Block 3; and Lots
1, 2, 3, 4, 5, 6, 7, 8 and 9 in Block 4 of the Geo, T. Kendal Fourth Addition
to the City of West Memphis, Arkansas, from "A" Single Family Residence to
"C" Multiple Family Residence; and
That part of the S~ NEa of Section 17, Township 6 North, Range 9 East,
described as follows: Beginning at a point on the west line of Walker Avenue
that is 1852.13 feet south and 25 feet west of the northeast corner of said
Section 17, said point being the northeast corner of Lot 1, Block 1,
Geo, T, Kendal rourth Addition to the City of West Memphis, Arkansas, run
thence north 215 feet; thence west 319.22 feet; thence south 75 degrees
04 minutes west 110 feet; thence west 176.65 feet; thence north 66 degrees 03 minutess
west 180,13 feet; thence south 23 degrees 57 minutes west 290 feet to the
northwest corner of Lot 20, Block 1, Geo. T. Kendal Fourth Addition; thence
south 66 degrees 03 minutes east 266.83 feet along the north line of Block 1;
thence south 83 degrees 26 minutes east 151.09 feet along the north line of
Block 1; thence north 75 degrees 04 minutes east 507.73 feet along the north
line of Block 1 to the point of beginning, from "F" Light Industrial to "C"
Multiple Family Residence.
After discussion, motion xas made by Alderman Ray; That date of hearing for rezoning
property of The Housing Authoritq of West Mes~is be set for April 7, 1960, at 3:00 P. M.,
and the City Clerk be instructed to have Notice published in accordance with
Ordinance No. 165, The motion was seconded by Alderman Rowton, and the following vote
was recorded:
Ayes: Aldermen: Ray, Sims, Bowie, Eden, Roleson, and Rowton.
Nags: None.
Excerpts from Minutes of Planning Commission Meeting on March 10, 1960, were read,
thereupon, motion was made by Alderman Roleson: That the action of the Planning
Commmission in the following matters be ratified:
Application of Bill Bailey to convert carport into beauty shop at 622 Dover Road be
denied,
Application of Doyle Jarrett to be granted temporary permit for a period of six months
SO place a trailer at 820 S. 10th Street due to hardsh4p involving illness.
Approval of application of Revival Temple to construct brick veneer church at 106, 108,
110, 112 S. 18th Street,
The motion was seconded by Alderman Eden, and the following vote was recorded:
Ayes: Aldermen: Ray, Sims, Bowie, fiden, Roleson, and Rowton,
Nays: None.
An ordinance to Amend Ordinance No. 284 was read by City Attorney Dillahunty,
after discussion it was the concensus of opinion that action on the passage of the
ordinance be xithheld until additional information may be obtained on dimensions of
camping trailers.
Cit Attorne W, H. Dillahunt
y y y presented an ordinance to Amend Ordinance No. 292.
After discussion, Alderman Rowton introduced the ordinance entitled "An Ordinance To jt
Amend Ordinance N292 Which Was Entitled: An Ordinance To Provide For The Management,
Election And Government Of Public Utilities Owned By The City Of West Memphis, Arkansas;
To Provide The Method Bq Which The City Of West Memphis Shall Operate, Mange And Control ~
Any Public Utility Heretofore Or Hereafter Acquired By The City Of West Memphis; To
Provide For Fixing Of Compensation Of The Board Gf Utility Commissioners; Prescribe Their
Duties, Terms Of Office And Qualifications; And In General To Establish A Sgstem For The
Operation, Regulation And Control Of The Public Utilities Uwned Or To Be Owned By The _
Citq Of West Memphis Under A Board Uf Utility Commissioners" which was read in full by
Alderman Roleson,
Alderman Sims 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 Bowie, and on the roll being called the voting was as follows:
Ayes: Aldermen: Ray, Sims, Bowie, Eden,. Roleson, and Rowton.
Nays: 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
Eden then moved that the ordinance as read be adopted. This motion was duly seconded by
Alderman Ray, and on the roll being called the voting was as follows:
Ayes: Aldermen: Ray, Sims, Bowie, Eden, lRoleson, and Rowton.
Nays: None.
The Mayor declared that the ordinance had been adopted, and then called attention
to the fact that Section 9, the emergency section, must be adopted upon a separate roll
call in order to be effective.
Alderman Rowton then read Section 9 again, Alderman Roleson moved that Section 9
be adopted. This motion was duly seconded by Alderman Sims, and on roll call the following
voted:
Ayes: Aldermen: Ray, Sims, Bowie, Sden, Roleson, and Rowton.
Nays: None.
The Mayor then declared that the ordinance and the emergency section had been dulq
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,
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ORDINANCE NO, 381
AN ORDINANCB TO AMEND ORDINANCH #292 WHICH WAS ENTITLED: AN ORDINANCE TO PROVIDE POR THE
MANAGEMENT, ELECTION AND GOVERNMENT OP PUBLIC UTILITIES OWNED BY THE CITY OP WEST MEMPHIS,
ARKANSAS; 1Yl PROVIDE THE METHOD BY WHICH THE CITY OF WEST MEMPHIS SHALL OPHRATE, MANAGE
AND CONTROL ANY PUBLIC UTILITY HERHTOFURfi CR HEREAFTER ACQUIRBD BY THE CITY OF WEST MEMPHIS:
TO PROVIDE FOR FIRING OF COMPENSATION OPTHE BOARD OF UTILITY COMMISSIONERS: PRESCRIBE THEIR
DUTIBS, TBRMS OF OFFICE AND QUALIFICATIONS; AND IN GENERAL TO ESTABLISH A SYSTEM FOR THE
OPERATION, REGULATION AND CONTROL OF THE PUBLIC UTILITIES OWNED OR TO BE OWNED BY THE
CITY OP WEST MEMPHIS UNDER A BOARD OF UTILITY COMMISSIONERS
WHEREAS, a commission to operate, control and supervise the municipallq owned water,
sewer and electrical distribution systems of the City of Weat Memphis xas created bq the
City Council by Ordinance #292, adopted December 21, 1954, and said Ordinance provided for
the Mayor to serve as chairman of said commission and f ailed to specifically designate
terms of office of the five (5) commissioners therein provided for; and,
WHERBAS, the Mayor has previously presided over meetings of said commission, but has
not voted or otherwise acted as a member of said commission, and,
WHEREAS, the City Council, at the timeof the adoption of said ordinance, appointed
Charles J, Upton, Taney Peters, A. P. Dacus, Leonard Warden, Sr, and John Wood as members
of the commission created thereby, and, although the terms of office of said commissioners
were not designated in the ordinance, through inadvertence, the following terms were
actually designated for said commissioners, to wit:
Charles J. Upton for a term ending May 17, 1955;
Toney Peters for a term ending May 17, 1956;
A. P. Dacus for a term ending May 2, 1957;
Leonard Warden, Sr. for a term ending May 5, 1958, and
John Wood for a term ending May 17, 1959; and
WHEREAS, each of the successors to each of said members has been chosen for a term
of five (5) years; and,
WHEREAS, it is deemed advisable to correct said ordinance in the particulars herein
above recited, and to cause the same to reflect the true action of the Council, and
WHEREAS, certain changes shall be made in certain other provisions of said ordinance;
NOW, THEREFORE, BE IT ORD4INED BY TH8 CITY COUNCIL OP THE CITY OF WEST MEMPHIS, ARKANSAS:
SECTION I
Section 1 of Ordinance #292 is hereby amended to read as follows: That there is hereby
created a utility commission of West Memphis, Arkansas, composed of five (5) citizens xho are
qualified electors of the municipality to be appointed by the City Council. No member of the
utility commission appointed by the City Council shall hold any elective or other appointive
office under the municipal government while a member of the commission, rtor be a candidate for
any elective office, city or county, while a member of said commission.
SECTION II
Section 2 of Ordinance #292 is hereby amended to read as follows: The utility commission
shall be composed of the following members for the following terms:
Charles J. Upton for a term ending May 17, 1955;
Toney Peters for a term ending May 17, 1956;
A. P, Dacus for a term ending May 2, 1957;
Leonard Warden, Sr. for a term ending May 5, 1958, and
John Wood for a term ending May 17, 1959,
Upon the expiration of the respective terms, their successors shall be appointed by the
City Council for a term of five (5) years.
The board of utility commissioners shall qualify and take the oath of office within
thirty (30) days after their appointment, and in the event any person appointed as such
commissioner shall fail to qualify within thirty (30) days of his appointment, his office
shall be vacant and his successor shall be appointed by the City Council. In the event of
a vacancy, caused by death, removal or otherwise, the remaining four commissioners shall
recommend a successor to the City Council for approval to fill opt the unexpired term.
SECTION III
Section 3 of Crdinance #292 is hereby amended to read as follows: Members of the
utility commission shall receive as compensation for their services the sum of Fifty and
no/100 ($50.00) Dollars per month,
Befoze entering upon the duties of his office, each utility commissioner appointed
by the City Council shall subscribe to and file an oath to support the constitutions of
the United States, the State of Arkansas, and to obey the laws of the State and the
ordinances of the Citq of West Memphis, Arkansas, and to faithfully discharge the duties
of his office to the best of his ability.
SECTIGN IV
Section 7 of Ordinance #292 is hereby amended to read as follows: The said
board of utility commissioners shall have power to make purchases of all supplies,
appaIDtus, materials and other things requisite for the operation, maintenance, repair,
extension or enlagement of the utility sgstems of this City and to make all necessary
contracts for work or labor to be done, or material or other necessary things to be
furnished for the benefit of such City or in carrying out any work or undertaking in
connection with said utilities; provided, however, where the amount of any estimated
expenditure maq exceed $5,000.00, said board shall transmit to the City Council its
estimate thereof and a resolution authorising such expenditure, together with the
boards recommendation in relation thereto, and upon the passage of anq approving
resolution, by the City Council, it shall be the duty of said board to advertise and
let the iiork or contract to the lowest responsible bidder, not, however, in excess of
the esto~ate of cost certified to the City Council, with the privilege in said board to
reject all bids and re-advertise as provided herein,
Where the amount of any estimated expenditure is less than $5,000,00, the board,
in its discretion, may advertise for bids and let the work or contract to the lowest
responsible bidder, with the privilege of rejecting all bids,'
In determining the lowest responsible bidder under this section, the board shall
accept the lowest qualified bids from a person, firm or corporation having a place of
business established in the City of West Memphis and having paid a privilege tax or
licensefee to the City of West Memphis as uch may be required; provided that said bid
does not exceed the lowest qualified bid from a non resident firm by more than five
per cent (5%) of the latter bid.
SECTION V
Section 14 of Ordinance #292 is hereby amended to read as follows: The board
shall elect a chairman of the board of utility commissioners and said board shall
elect one of its members ae vice-chairman, and one as secretary, The chairman, vice-
chairman and secretarq shall hold their respective office as such for a term of one
(1) year and the election to be held each year at the first regular meeting in August,
The chairman shall preside at all meetings and the vice-chairman shall act as a
chairman when the chairman shall be absent or not able to act, The secretarq shall
keep and preserve written minutes of all meetings, actions and proceedngs of said
utility board,
SECTIOf~I VI
Section 16 of Ordinance 11292 is hereby amended to read as follows: The revenue
received each year from the utility operations, before being used for any other purpose,
shall be used bq the board for the following purposes, in the order named, to-wit:
(1) The patment of all operating expenses of the utilities as they accrue,
(2) For required interest accrual and sinking fund accruals or other requirements on
bonds or certificates of indebtedness issued for the benefit of the City of West Memphis
in the operation of any said utilities or for any other purpose for which said revenues
shall have been, pr may hereafter be, pledged.
(3) Por payments to reserves in such amounts as the board of utility commissioners
thinks proper and by resolution elect to set up from time to time, but in no event to
exceed 20% of the revenue remaining after making the payments provided in paragraphs one
(1) and two (2) preceding.
(4) Anq surplus then remaining over and above safe operating margins shall be
devoted sa the City Council shall direct, provided however, no such surplus shall be
devoted to any purpose contrary to any mortgage or contract provision made by the Citq
of West Memphis with reference to the use of the income from the operation of any
utility owned by the City.
SECTION VII
It is the intention of the City Council that Section II hereof be retroactive in its
operation to the date of passage of Ordinance 11292 and otherwise both retroactive and
prospective and thatall other sections hereof be prospective in application only.
SECTION VIII
Sil of the remaining sections of Ordinance 11292 not amended by this Ordinance
shall remain in full force and effect.
SECTION IX
This Urdinance being necessary to clarify the true actions of the City Council of
West Memphis in the passage of Grdinance 11292 and to alleviate confusion which exists
through inadverture in some of the provisions of Grdinance JJ292, an emergency is
declared to exist and this ordinance shall be in full force and effect from and after
its passage.
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Accounts payable for February, 1960, were presented. After discussion, motion was
made by Alderman Ray: That the accounts payable for February, 1960, be approved as
presented and filled, and authorize, ratify, and/or confirm payment of the following:
GENERAL FUND
P, Romines $3.50
Body Guard Mfg. 48.00
Broadway Furniture 1,55
Clement Safety Eqpt, 24.70
Crittenden Publishing 33,27
Crittenden Publishing 281.57
Douglas Typewriter 15,30
Pabric Fire Hose 635.00
Esso Standard 185.24
Farmers Hardware 7.00
Finley Electric 8,50
N, S. Garrott 1,230,28
Goodyear Service Stores 54.76
Garrett Hardware ,62
Hamilton Clinic 36.00
Higgins Generator 56,09
J. I, Holcomb Mfg 37,25
Holland Motor Co, 483,42
International Association 15,00
Independent Linen Service 10,61
International City Managers' 7,50
Johnson Auto 52,63
Kay Surgical 266,64
Klindworth Insurance 43,00
Logan-Leah 69.39
McCaa Chevrolet 37.01
L, P. McKeowen 12,00
Matthews Glass 37.54
Meriwether Apothecary 41.99
May-Graves 273.93
MidSouth Gas Co. 863,02
Midwest Auto Parts 2.57
Mills-Motris 12.29
Motor Supply 58,31
Orkin Extermination 25,00
Ozburn-Abaton 50,25
Peter Pirsch 9,17
Royal Mc bee 444.55
R, G, Roberts 7,34
S, Saig 221,74
Sargent-Sowell 34.05
Sirchie Finger Print 25,82
Spalding Tire 24.55
Southwestern Bell 408,65
Spotts Drug Store 2,21
Standard .Parts Co, ,47
H, L, Shapioro 252,55
State Board of Education 15,04
Tayloe Paper 154.33
Wallin-Dickey & Rich 26,21
West Memphis Machine Shop 6.50
White Rose Industrial 26,31
White Rose Laundry Cleaners 128.46
Harvey White = 34.50
West Memphis Scrap Iron & Metal Co,
20,09
West Memphis Veterinary 63,50
Director Internal Rev, 1,731.60
E. Anderson 29,40
W, M, Utility Comm. 2,592,80
H, B, Price, Mayor 177.48
P, Romines, 6.35
Holland Motor Co, 3,382,25
Dept, of Rev, 95,75
W. H. Dillahunty 35,47
City of Weat Memphis 9,382.71
Johnson Auta Co. 1,832,95
Johnson Auto Co. 1,275,00
Johnson Auto Co. 1,270,00
Johnson Auto Co. 1,175,00
Dept, of Rev. g2_gq
Dept, of Rev. 82,89
Dept, of Rev, g2,gq
Dept, of Rev, g2,gq
District Engineer 35,70
D, Hopper 5.00
Mrs. G, Lehr 75.00
Russell Tractor 300,00
E, Anderson 19,90
H, Price, Mayor 400,00
City of West Memlphis 10,712.00
Business Men's Assurance 426,28
H. D. Holland Moa k i son zc
STREET DEPARTMENT
Director of Internal Rev. $163.80
City of West Memphis-Payroll 1,666.00
Ark, Paine and Glass 6.62
Choctaw, Inc, 12.25
Bob Duncan 22.50
Farmers Hardware CKo, 136,40
Haxkins Equipment Co. 290,25
Ben M, Hogan 246.36
Holland Motor Co. 9.01
Johnson Auto Cc. 42,00
Miro-Flex Co, 165.00
McCaa Chevniet 57,41
Manning Lbr, 12,70
San Prancisco RR 872,36
May-Graves 596.96
MidSouth Gas 38.63
W, S, Jordan Gravel 193,60
Motor Supply 44.67
Ozburn-Abaton & Co. 19.66
J. A, Riggs Tractor 21.37
A, J. Thomas 1.30
12th St. Blacksmith Shop 14.25
Wallin-Dickey & Rich 32,56
t9. M, Welding Shop 18,00
City of West Memphis 1,270.19
Business Men's Assurance 85.25
WEST MEMPHIS PUBLIC LIBRARY
Director of Internal Rev. $26.70
Associated Libraries 86.42
Crittenden Insurance 83.95
Finley Electric 7.20
C. M. Gardner S7 ~
H, R. Hunting 23.93
MidSouth Gas 71.51
Memphis News Co, 7,13
Random House 30,84
Southwestern Bell 19,11
City of Weat Memphis 261,60
Business Men's Assurance 31.80
FIREMENS PENSION & RELIEP FUND
0. Ball $50,00
W, Murphy 175.00
5 MILL AD VALOREM TAX
Citq of West Memphis $13,044.69
The motion was seconded by Alderman Eden, and the following vote was recorded:
Ayes: Aldermen: Ray, Sims, Bowie, Eden, Roleson, and Rowton.
Nags: None.
Citq Clerk Charles F. DeGraff informed the Council the Workmen's Compensation and
Public Liability policies of the City of West Memphis expire as of April 1, 1960, The
City Clerk advised the Council as to payment of premiums by the City for the past five
years and claims for losses filed. After discussion the Citq Clerk was instructed to
advertise for bids to be received in the office of the Mayor at 10 A, M. Thursday,
March 31, 1960. A committee of Aldermen Roleson, Eden, and Sims was appointed to
receive the bids.
Nayor Price stated to the Council the Arkansas Municipal League is interested
in the passage of Constitutional Amendments No. 50 and 51,
There being no further business to come before the meeting, Alderman Eden moved the
meeting adjourn, xhich motion was dulq seconded by Alderman Roleson, and the following vote
was recorded:
Ayes: Aldermen: Ray, Sims, Bowie, Eden, Roleson, and Rowton.
Nays: None.
The Mayor declared the meeting adjourned.
I
MAYOR
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ATTE9~3.-'' ! ~QGr
CITY CLERK
APPROVED: APRIL 7, 1960