January 6, 1972,~
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS, HELD ON THE 6TH DAY OF JANUARY, 1972.
The Council of the City of West Memphis, in the County of Crittenden, State
of Arkansas, met in regular session in the City Hd.l in said City at 1:30
o'clock p.m. on the 6th day of January, 1972.
The meeting was called to order by the Mayor, and the roll being called
there were:
Present: Tilden Rodgers, Mayor in the chair, and the following named
Aldermen: D. M. Grimsley, J. E. Hightower, Pritchard Horton,
C. D. Hutcherson, M. P. Scott, R. L. Smith, R. T. Bentley,
W. R. Dabbs, and Thomas Dickerson; and City Attorney R. E. Wallin.
Absent: Alderman W. L. Harris.
It being determined a quorum was present, the following proceedings were
had to wit
Minutes of Council Meeting on December 16, 1971, were approved as read.
Alderman Scott, Chairman of the Committee, to canvass the car bids
announced the low bidder was A. J. Thomas, Inc.; however, due to a one inch
difference in wheelbase of a Plymouth and the wheelbase designated in the
specifications, the bid had been awarded to the next bidder Ryan Chevrolet
due to the City Attorney's opinion that a bid must meets specifications.
Alderman Bentley, Chairman of the Committee to study the Butane Gas Bids,
reported problem of bids meeting specifications inasmuch as Warden Butane
Gas Company, the low bidder, made no provision to lease tanks and the
Committee had ascertained would be cheaper to lease tanks than purchase
and had awarded bid to Sun Ray DX.
Mayor Rodgers appointed Eddie Brawley, Assistant City Engineer, a member
of the Street Committee.
Appointments by the Mayor to the Fire and Police Commissions were as
follows
Fire Commission - Alderman Bentley, Temporary Chairman, Aldermen Smith,
Grimsley, Dickerson, and Hightower
Police Commission - Alderman Scott, Temporary Chairman, Aldermen Dabbs,
Hutcherson, Horton, and Harris.
A resolution approving Application for Workable Program Recertification
and authorizing the Mayor to submit the application was read by City
Attorney Wallin. A~k~tion was made by Alderman Hutcherson, seconded by
Alderman Grimsley: That the Resolution as read be adopted. Upon vote,
the voting was as follows:
Aye: Aldermen: Grimsley, Hightower, Horton, Hutcherson, Scott, Smith,
Bentley, Dabbs, and Dickerson
No: None.
The Resolution read as follows:
e~
RESOLUTION N0. l~28
RESOLUTION OF CITY COUNCIL APPROVING SUBMISSION OF A WORKABLE PROGRAM FOR
COMMUNITY IMPROVEMENT FOR THE CITY OF WEST MEMPHIS, DECEMBER, 1971.
WHEREAS, it is recognized that the Workable Program for Community Improvement
provides a sound basis for planning and programming public facilities,
improvements and services in accordance with community needs; and
WHEREAS it is recognized that the Workable Program for Community Improvement
provides environment conducive to the expansion and growth of employment,
commerce, and industry; and
WHEREAS it is recognized that the Workable Program for Community Improvement
provides a sound foundation for efforts designed to improve living conditions,
expand opportunities for housing for low and moderate-income families, and
eliminate slums and blighting conditicxs; and
WHEREAS it is determined that West Memphis has made significant progress
under its Workable Program for Community Improvement during recent years; and
WHEREAS it is determined to be desirable and in the best interest of the
community to extent its Workable Program for Community Improvement for
another certification period;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS
1. That the Application for Workable Program Recertification dated December,
1971, is in all respects approved and that the Mayor be and hereby is, authorized
to submit the Application to the Area Director, Little Rock Area Office of the
Department of Housing and Urban Development.
2. That this resolution shall take effect immediately.
3s~~,~-
Mayor Rodgers informed the Council a meeting with the Arkansas Highway
Commission had been arranged for January 2bth to .discuss operating certain
sections of the service roads as one way roads, and as the meeting had been
limited to fifteen minutes a resolution stating pertinent information on the
matter had been prepared. The resolution was read by City Attorney Wallin.
Motion was made by Alderman Scott, seconded by Alderman Bentley: That the
Resolution to be presented to the Highway Commission be adopted. Upon vote,
the voting was as follows
Aye: Aldermen: Grimsley, Hightower, Horton, Hutcherson, Scott, Smith,
Bentley, Dabbs, and Dickerson
No : None.
The resolution read as follows:
RESOLUTION N0. l~2 9
~i~f~~RF,t~ Representatives of the Arkansas Highway Department have informed
officials of the City of West Memphis of plans to operate a certain section
of the sough service or frontage road along Interstate ?~0-55 as one way east-
bound and the same section of the north service road as one-way westbound,
said sections extending eastward from Missouri Street to Club Road a distance
of approximately 3 miles; and
WHEREAS: The one way operation of the said sections of roadway will be
detrimental to adjacent local businesses and will result in lower property
values in the adjacent residential areas due to the forced use of local
streets by traffic desiring to use the service roads; and
~~
WHEREAS: The proposed will be ext-remely restrictive to fire and
other emergency service and will, therefore, result in a very hazardous
situation for local interests; and
WHEREAS; Such one way operation will not be compatible with the
West Memphis Transportation Plan and will actually result in an
overall decrease rather than an increase in the overall traffic
safety of the local area;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
WEST MEMPHIS: That the Arkansas Highway Commission be encouraged
to take all necessary steps to insure that the said sections of the
north and south service roads along Interstate l~0-55 be maintained
as two way operations.
Mayor Rodgers brought to the Council's attention updating of City Codes
required by the Workable Program, and that the following ordinances had
been prepared for consideration of the Council:
An ordinance entitled "An Ordinance To Amend Ordinance No. 532 Of The
City Of West Memphis, Arkansas; Declaring An Emergency, And For Other
Purposes" was introduced by Alderman Dabbs, and the City Attorney read
the ordinance in full.
Alderman Hightower, seconded by Alderman Scott, moved that the rule
requiring the reading of an ordinance in full on three different days
be suspended and that the ordinance be placed on its second reading. The
Mayor put the question on the adoption of the motion and the roll being
called, the following voted:
Aye: Aldermen: Grimsley, Hightower, Horton, Hutcherson, Scott, Smith,
Bentley, Dabbs, and Dickerson
No : None .
Thereupon the Mayor declared that at least two-thirds of all members of
the Council having voted in favor of the motion to suspend the rule, the
motion was carried and the rule suspended. The ordinance was then read
the second time by the City Attorney.
Alderman Horton, seconded by Alderman Dickerson then moved that the rule
requiring the reading of an ordinance in full on three different days be
further buspended and that the ordinance be placed on its third reading.
The Mayor put the question on the adoption of the motion and the roll being
called the following voted:
Aye: Aldermen: Grimsley, Hightower, Horton, Hutcherson, Scott, Smith,
Bentley, Dabbs, and Dickerson
No : None .
The Mayor declared that at least two-thirds of all members elected to the
Council having voted in favor of the motion to suspend the rule, the
motion was carried and the rule suspended. The ordinance was then read
the third time by the City Attorney.
.Alderman Bentley, seconded by Alderman Grimsley, moved that the ordinance
be adopted. The question was put by the Mayor on the adoption of the
motion and the roll being called, the following voted:
Aye: Aldermen: Grimsley, Hightower, Horton, Hutcherson, Scott, Smith,
Bentley, Dabbs, and Dickerson
No : None .
Alderman Hutcherson, seconded by Alderman Smith, moved that Section 3, the
emergency clause be adopted, and on roll call the following voted:
Aye: Aldermen: Grimsley, Hightower, Horton, Hutcherson, Scott, Smith,
Bentley, Dabbs, and Dickerson
No : None .
The Mayor thereupon declared the ordinance and the emergency clause
adopted and signed the ordinance, which was attested by the City Clerk
and impressed with the seal of the City. The ordinance was given No. 708.
The ordinance read as follows:
ORDINANCE N0. 708
AN ORDINANCE TO AMEND ORDINANCE N0. 532 OF THE CITY OF WEST MEMPHIS, ARKANSAS;
DECLARING AN EI~iERGENCY, AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS:
Section 1. Section 1 of Ordinance No. 532, amending Section 1 of Ordinance
~l5 of the City of West Memphis, Arkansas, is hereby amended to read as follows:
"Section 1. There is hereby adopted by the City of West Memphis, Arkansas, for
the purpose of establishing rules and regulations governing the proper construc-
tion, installation and inspection of plumbing and drainage, the Arkansas Plumbing
Code, Fifth Edition, of which not less than t~aree copies shall be filed in the
office of the Clerk of the City of West Memphis, Arkansas, and the same are
hereby adopted and incorporated as fully as if set out at length herein and from
the date on which this Ordinance shall take effect, the provisions thereof shall
be controlling in the construction of all buildings and other structures therein
contained within the city limits of the City of West Memphis "
Section 2. All other provisions contained in Ordinance No. 532 shall remain in
full force and effect except as herein specifically amended.
Section 3. This Ordinance being necessary for the safety and welfare of the
inhabitants of the City of West Memphis, an emergency is hereby declared to
exist and this ordinance shall be in full force and effect from and after its
passage as provided by law.
An ordinance entitled "Axl Ordinance To Amend Ordinance 530 Of The City Of
West Memphis, Arkansas; Declaring An Emergency And For Other Purposes"
was introduced by Alderman Smith, and read in full by City Attorney Wallin.
Alderman Hutcherson, seconded by Alderman Grimsley, moved that the rule
requiring the reading of an ordinance in full on three different days be
suspended and that the ordinance be placed on its second reading. The Mayor
put the question on the adoption of the motion and the roll being called, the
following voted:
Aye: Aldermen: Grimsley, Hightower, Horton, Hutcherson, Scott, Smith,
Bentley, Dabbs, and Dickerson
No : None.
Thereupon the Mayor declared that at least two-thirds of all members of the
Council having voted in favor of the motion to suspend the rule, the motion was
carried an+d the rule suspended. The ordinance was then read the second time by
the City Attorney.
Alderman Bentley, seconded by Alderman Dickerson then moved that the rule
requiring the reading of an ordinance z.n full on three different days be
further suspended and that the ordinance be placed on its third reading. The
I~Sayor put the gL~estion on the adoption of the motion and the roll being called
the following voted:
Aye: Aldermen: Grimsley, Hightower, Horton, Hutcherson, Scott, Smith,
Bentley, Dabbs, and Dickerson
No : None .
~~ ~
Alderman Horton, seconded by Alderman Scott, moved that the ordinance be
adopted. The question was put by the Mayor on the adoption of the motion
and the roll being called, the following voted:
Aye: Aldermen: Grimsley, Hightower, Horton, Hutcherson, Scott, Smith,
Bentley, Dabbs, and Dickerson
No : None.
Alderman Hightower, seconded by Alderman Dabbs, moved that Section 3, the
emergency clause be adopted and on roll call the following voted:
Aye: Aldermen: Grimsley, Hightower, Horton, Hutcherson, Scott, Smith,
Bentley, Dabbs, and Dickerson
~?o : None.
The mayor thereupon declared the ordinance and the emergency clause adopted
and signed the ordinance which was attested by the City Clerk and impressed
with the seal of the City. The ordinance was given No. 709•
The ordinance read as follows:
ORDINANCE N0. 709
AN ORDINANCE TO AMEND ORDINANCE 530 OF THE CITY OF WEST MEN.~'HIS, ARKANSAS;
DECLARING AN EMERGENCY AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ti~TEST r1EMMPHB, ARKANSAS:
Section 1. Section 1 of Ordinance No. 530 of the City of West Memphis,
Arkansas is hereby amended to read as follows:
"Section 1. There is hereby adopted by the City of West Memphis, Arkansas,
pursuant to Act No. 267 of the Acts of the General Assembly of Arkansas of
19t~9, for the purpose of establishing rules and regulations governing the
use of electricity for light, heat, power, radio signaling and for other
purposes, the National Electric Code, 1968 Edition, of which not less than
three (3) copies shall be filed in the office of the Clerk of the City of
West l~lemphis, Arkansas and the same are hereby adopted and incorporated as
fully as if set out at length herein and from the date on which this
Ordinance shall take effect, the provisions thereof shall be controlling
within the city limits of the City of West Memphis, Arkansas."
Section 2: All other provisions cozfa.ined in Ordinance No. 530 shall remain
in full force and effect except as herein specifically amended.
Section 3: This Ordinance being necessary for the safety and welfare of
the inhabitants of the City of West Memphis, an emergency is hereby declared
to exist and this ordinance shall be in full force and effect from and after
its passage as provided by law.
An ordinance entitled "An Ordinance To Amend Ordinance No. 529 0f The City Of
West Memphis; Declaring An Emergency And For Other Purposes'' was introduced
by Alderman Dabbs, and the City Attorney read the ordinance in full.
Alderman Hightower, seconded by Alderman Scott, moved that the rule requiring
the reading of an ordinance in full on three different days be suspended and
that the ordinance be placed on its second reading. The Mayor put the question
on the adoption of the motion and the roll being called, the following voted:
Aye: Aldermen: Grimsley, Hightower, Horton, Hutcherson, Scott, Smith,
Bentley, Dabbs, and Dickerson
No : None .
Thereupon the Mayor declared that at least two-thirds of all members of the
Council having voted in favor of the motion to suspend the rule, the motion
was carried and the rule suspended. The ordinance was then read the second
time by the City Attorney.
~~-~~p ~
L~4
Alderman Horton, seconded by Alderman Dickerson then moved that the rule
requiring the reading of an ordinance in full on three different days be
further suspended and that the ordinance be placed on its third reading.
The Mayor put the question on the adoption of the motion and the roll being
called the following voted:
Aye: Aldermen: Grimsley, Hightower, Horton, Hutcherson, Scott, Smith,
Bentley, Dabbs, and Dickerson
No : None .
The T~~ayor declared that at least two -thirds of all members elected to the
Council having voted in favor of the motion to suspend the rule, the motion
was carried and the rule suspended. The ordinance was then read the third
time by the City Attorney.
Alderman Bentley, seconded by Alderman Grimsley, moved that the ordinance be
adopted. The question was put by the Mayor on the adoption of the motion and
the roll being called, the following voted:
Aye: Aldermen: Grimsley, Hightower, Horton, Hutcherson, Scott, Smith,
Bentley, Dabbs , and Dickerson
No : None .
Alderman Hutcherson, seconded by Alderman Smith, moved that Section 3, the
emergency clause be adopted and on roll call the following voted:
Aye: Aldermen: Grimsley, Hightower, Horton, Hutcherson, Scott, Smith,
Bentley, Dabbs , and Diclerson
No : None.
The Mayor thereupon declared the ordinance and the emergency clause adopted and
signed the ordinance, which was attested by the City Clerk and impressed with
the seal of the City. The ordinance was given No. 710.
The ordinance read as follows:
ORDINANCE N0. 710
AN ORDINANCE TO AT~ND ORDINANCE N0. 529 OF THE CITY OF ~G~lEST 1~~9PHIS; DECLARING
AN EI~4ERGENCY AND FOR OTHER PURPC~S.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS:
Section 1. Section 1 of Ordinance No. 529 of the City of West Memphis, Arkansas
is hereby amended to read as follows:
"Section 1. There is hereby adopted by the City of West Memphis, Arkansas, for
the purpose of providing fire prevention and protection in connection with hazaxdous
materials and processes the American Insurance Association Fire Prevention Code,
1970 Edition, of which not less than three C3 } copies have been filed in the
office of the City Clerk of the City of West Memphis, the same is hereby adopted
and incorporated as fully as if set out herein and from the date on which this
Ordinance shall take effect, the provisions thereof shall be controlling within
the limits of the City of West Memphis."
Section 2. All other provisions contained in Ordinance X29 shall remain in full
force and effect except as herein specifically amended.
Section 3. This Ordinance being necessary for the safety and welfare of the
inhabitants of the City of West Memphis, an emergency is hereby declared to exist
and this ordinance shall be in full force and effect from: and after its passage
as provided by law.
Mr. Currie, operator of E-Z Food Store, 2310 Broadway requested permission
to place a 14 ft. camper at the store to be used when weather is bad for
driving back and forth to his home at Wynne, Arkansas. Building Inspector
Perrine stated he had no authority to issue the permit. After discussion,
motion was made by Alderman Smith, seconded by Alderman Scott: Application
for camper at 2310 Broadway be denied. Upon roll call vote, the voting was
as follows:
Aye: Aldermen: Hightower, Horton, Hutcherson, Scott, Smith, Bentley, Dabbs,
and Dickerson
No: None.
Alderman Grimsley abstained from voting.
City Engineer Hampton reported a dangerous situation exists due to school
children crossing Missouri Avenue at Barton. After discussion of sidewalks
and safety precautions at Cooper Street, adopting a safe-route plan, parents
and school responsabilities, Assistant City Engineer Brawley was requested to
contact School Superintena~Schultz advising the City recommends pubils take
advantage of safety facilities offered.
Mayor Rodgers announced a Budget Meeting at 5 PM Tuesday, January 11th, the
Utility Budget will be discussed also.
Alderman Horton requested the Arkansas Highway Department be contacted as to
repainting lines on N. Missouri and erecting caution signs.
Alderman Bentley brought to the Council's attention aba®loned refrigerators
in the City. After discussion, the Mayor was requested to instruct Carl Neal
to notify people to remove doors from ice boxes or refrigerators when found
outside residents or places of business.
Chairmen Grimsley and Horton expressed appreciation to members of the Fire and
Police Commissions for their cooperation.
Alderman Smith presented information on State Statutes pertaining to
requirements for developers providing park areas. City Attorney Wallin
advised an opinion had been requested from the Attorney General.
Mayor Rodgers commented on the death of Mr. Carlos Davis, Director of
Eugene Woods Civic Center, and stated Alderman Hutcherson is temporarily
working at the Civic Center. Motion was made by Alderman Scott, seconded
by Alderman Grimsley: That the City Attorney be requested to prepare
Resolution of Commendation for Carlos Davis .
No further business being presented, the meeting was ad,~ourned.
c~ '
ATTES
CITY CLE
~~
MAYOR
APPROVED: JANUARY 20, 1972