February 17, 1972~~
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS , HELD ON THE 17TH DAY OF FEBRUARY, 1972 .
The Council of the City of West Memphis, in the County of Crittenden, State
of Arkansas, met in regular session in the City Hall in said City at 1:30
o'clock p.m. on the 17th day of February, 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: Pritchard Horton, C. D. Hutcherson, R. L. Smith, M. P. Scott,
R. T. Bentley, Thomas Dickerson, D. M. Grimsley, W. R. Dabbs,
til. L. Harris, and J. E . Hightower; and City Attorney R. E. Wallin.
Absent: None.
It being determined a quorum was present, the following proceedings were had
to-wit:
Minutes of Council Meeting on February 3, 1972, were approved as read.
Alderman Smith, Chairman of the Street Committee, reported a study of lime
stablization for street construction is being prepared and will be presented
at a later date.
Mr. Tom Coleman, Executive Director for Urban Renewal Agency, presented the
Resolution that action had been postponedon February 3rd. The Resolution was
read by City Attorney Wallin. A'Iotion was made by Alderman Scott, seconded by
Alderma i s ey: That the Resolution as read be adopted. Discussion on the
motion/un~er~st~anding of Urban Renewal Plans, communications between the Agency
and the PAC Committee, and citizen participation. The voting was as follows:
Aye: Aldermen: Horton, Hutcherson, Smith, Scott, Bentley, Dickerson,
Grimsley, Dabbs, Harris, and Hightower.
No: None.
The Resolution read as follows:
RESOLUTION N0. 431
RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS , APPROVING
NEIGHBORHOOD DEVELOPMENT PRpGP,ANi ANNUAL INCREMENT , F ILING OF APPLICATION FOR
FINANCIAL ASSISTANCE, AMEND1dENT TO URBAN RENEWAL PLAN, AND FEASIBILITY OF
RELOCATION FOR THE NEIGHBORHOOD DEVELOPMENT PROGRAM, PROGRAM NO. ARK A-1
WHEREAS, under the provisions of Title I of the Housing Act of 1949, as amended,
the Secretary of Housing and Urban Development is authorized to provide financial
assistance to local public agencies for undertaking and carrying out Neighborhood
Development Programs; and
WHE REAS it is provided in such Act that contracts for financial aid thereunder
shall require that the Urban Renewal Plan and Amendments thereto for the urban
renewal area comprising the Neighborhood Development Program be approved by the
Governing Body of the Locality in which the area is situated and that such
approval include findings by the Governing Body that: (1} the financial aid to
b e provided in the contract is necessary to enable the Program to continue and be
undertaken in accordance with the Urban Renewal Plan, as amended; (2) the Urban
Renewal Plan, as amended, will afford maximum opportunity, consistent with the
sound needs of the locality as a whole, for the rehavilitation or redevelopment
of the urban renewal area by private enterprise; (3) the Urban Renewal Plan, as
amended, conforms to the General Plan for the development of the locality as a
whole; and (4} the Urban Renewal Plan, as amended, gives due consideration to the
provision of adequate park and recreation areas and facilities, as may be desirable
for neighborhood improvement, with special consideration for the health, safety,
and welfare of children residing in the general vicinity of the site covered by
the Plan; and
WHEREAS it is desirable and in the public interest that the Urban Renewal Agency of
the City of West Memphis (herein called the "Local Public Agency") undertake and carry
out an annual
5
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increment of the Neighborhood Development Program (herein called
the "Program") identified as the West Memphis Neighborhood
Development Program, ARK A-l, and encompassing one area in the
City of West Memphis, State. of Arkansas (herein called the
"Locality"), which area is the West Memphis NDP Urban Renewal
Area, whose boundary description remains .the same as described
in connection with Resolution No. 354, adopted by the City Council
on December 19, 1968, in connection with the original Neighbor-
hood Development Program Application and Urban Renewal Plan
therefor; and
WHEREAS the Local Public Agency has applied-for additional
financial assistance under such Act and proposed to enter into
an additional contract or contracts with the Department of Hous-
ing and Urban Development for the undertaking of, and far making
available additional financial assistance for, the Program; and
WHEREAS there has been prepared and referred to the Governing
Body of the City of West Memphis for review and approval Amend-
ment No. 5 to the Urban Renewal Plan for the West Memphis NDP
Urban Renewal Area, a mimeographed document dated September 10,
1971, and consisting of five (5) pages of narrative text and
two (2) maps, namely Map URP-2, Land Use and Transportation Plan;
and t~Zap URP-3, Land Acc{uisition Flan, both revised September 10,
~) 7l. ; ~~nd Land llispos ~ tion Supplement No . 2 , dated September 10 ,
l'-'J l , wl-.icli i_s ~.~ .a~~p~_~Y~`lt~e:ly l~caunci n~:imeoc~r~:~ptic~ci ciocwncnt c:oi~-
sisting of one (1) page of narrative text and one (1) map,
namely Map URP-4, Land Disposition Supplement No. 2, dated
September 10, 1971, supported by certain supplementary material,
data, and recommendations not a part of the urban Renewal Plan
Amendment; and
WHEREAS the Amendment to the Urban Renewal Plan has been
approved by the Governing Body of the Local Public Agency, as
evidenced by the copy of said Body's duly certified resolution
approving the Urban Renewal Plan Amendment which is attached
thereto; ai1~l
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WiiEREAS a General Plan teas beets prepared anti is recognized
and used as a guide far the general development of the locality
as a whole; and
WHEREAS the Planning Commission which is the duly designated
and acting official planning body for the locality, has sub-
mitted to the Governing Body its report and recommendations
respecting the Urban Renewal Plan Amendment for the urban renewal
area comprising the Program and has certified that the Urban
Renewal Plan Amendment conforms to the General Plan for the
Locality as a whole; and the Governing Body has duly considered
the report recommendations and certifications of the planning
body; and
WHEREAS the Local Public Agency has prepared and submitted
a program for the relocation of individuals and families that
may be displaced as a result of carrying out the Program in
accordance with the Urban Renewal Plan, as amended; and
WHEREAS there have also been presented to the Governing.
Body information and data respecting the Relocation Program which
has been prepared by the Local Public Agency as a result of
studies, surveys, and inspections in the areas comprising the
Program and the assemblying and analysis of the data and informa-
tion obtained from such studies, surveys, and inspections; and
WI1t~;T2l~A t~hc~ mc~ml.~el' cif t}~e rovc~rnin~ i3ody havE3 gener~~l
k.nc~wlt.~~~.1c~E~ cif t/lic~y c~i~iicli_t~ic~~ria ~~.r~vai:lin~~ i,ri tliE.~ ur.'taan r~~2~~w~~_1
area and of ttie availability of proper housing in the locality
for the relocation of individuals and families that may be
displaced by the Program and, in light of such knowledge. of
local housing conditions, have carefully considered and xeviewed
such proposals for relocation; and
Wi-iEREAS it is necessary that the Governing Body take appro-
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riate official action res ectin the Relocation Pro ram and the
P p g g
Urban Renewal Plan, as amended, for the Program, in conformity
with the contracts for financial assistance between the Local
Public Agency and the United States of P,merica, acting by and
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through thc~ Secrr~tary o:i housing and Urbaz~ . i7ovo.lc~~~mc*nt; ~.trici
WHEREAS the Governing Body is cognizant of the conditions
that are imposed in the undertaking and carrying out o.f urban
renewal activities and unc'_ertaking with Federal financial assis-
tance under Title I, including those prohibiting discrimination
because of race, color, creed or national origin; and
WHEREAS it is recognized that the NDP Urban Renewal Area
will be subject to the requirements of Section l05(h) of the
Housing Act of 1949, as amended:
NOW, THEREFORE, BE IT RESOLVED $Y THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS:
1. That the determination contained in Resolution No. 354,
adopted December 19, 19Fi8, respecting conditions in the urban
renewal area at the time urban renewal activities were initiated
is hereby reaffirmed.
2. That Amendment No. 5, dated September 10, 1971, to the
Urban Renewal Plan for NDP Urban Renewal Area as identified
above is hereby approved, and the City Clerk be and is hereby
directed to file said copy of tl~e Urban Renewal Plan Amendment
with the minutes of t~iis meeting .
3. That it is hereby found and determined that where
clearance is proposed, the objectives of the Urban Renewal Plan,
~~~; amen~i~d,' cannot lie ~-~ctiieved through more extcnsivf~ x-P?a~~L~i_li.-
} ,1 ~ i (,11 ~ i~ ~a(1! ~. j ~~ll: ~_~ ~ 1 ~lr' tli.j~cil~l ! c.~'l1c~Wc~ ~. .al:'C'.Ct E'~11t1~~1.'.~ !'~i 111~J ~ (Is`
Program.
4. That it is hereby found and determined that the Urban
Renewal Plan, as amended, for the Program conforms to the General
Plan of the Locality.
5. That it is riereby found and determined that the .finan-
cial aid provided and to be provided pursuant to the contracts
for Federal financial assistance pertaining to the Program is
necessary to enable the Program to be undertaken in accordance
with the Urban Renewal Plan, as amended, for the urban renewal
area comprising the Program.
_...1 ..
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G . '.That it is.;f'~erefay found anti dc~tc~rmincd that the Urban
Renewal Plan, as amended, for the urban renewal area comprising
the Program will afford maximum opportunity consistent with the
sound needs of the locality a5 a whole , for the renewal of the
area by private enterprise
7. That is hereby found and determined that the Urban
Renewal Plan, as amended, for the urban renewal
consideration to the provi~~ion of adecfuate park
areas and facilities, as may be desirable for n
improvement, wittl special consideration for the
and welfare of children residing in the general
site covered by the Plan.
area, gives due
and recreation
c:i ghborhood
health, safety,
vicinity of the
8. That i.t is hereby found and determined that the Program
for the proper r.el.ocation of individuals and faiililies displaced
in carrying out the Urban Renewal Plan, as amended, in decent,
safe, and sanitary dwellings in conformity with the acceptable
standards is feasible and can be reasonably and timely effected
to permit the proper prosecution and completion of the Urban.
Renewal Plan, as amended; and that such dwellings or dwelling
units available or to be made available to such displaced indivi-
duals and families, are at least equal in number of. the number of
displaced individuals arld families, are not generally less desir--
,,,1~1c, i t~ rF~cl,~r~~ # c~ }?~al~1.i c- ~~t i l i t~i.c~; .-~nc~ pt.thl i.r ~~t7cl r~c~mmer.ci.~:~1.
l .<<• i tit i ~~~~ t:i-~~~i1 tli~• ~lw~~ 1 1 i.tiy~~ cat t. 11~~ c.i i ~_~E~.! ~~~~c..~~1 i ~~zl lvi~l~~.:~ l :.; t~ii«;t
~:amilies in the area comprisinq the Program, are available at
rents or. prices within the financial means of the displaced
individuals and families, and are reasonably accessible to the
places of employment.
9. That in or.de.r to implement and facilitate the effectua--
tion of the Urban Renewal Plan, as amended, hereby approved, it
is found and determined that certain official action must be
taken by this Body with reference, among other t=flings, to changes
in zoning, vacating and removal of streets, alleys, and other
public ways, the establishment of new street patterns, the loca-
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tlUn ~~n(.~ r('1oC~ti()Il C)f sk'Wt~'I` ~~1IlC~ W~3t:t='~` TIl~~1Il;>, ~.11'1l~ C)tt1C'1" ~)LlU.1.1.c`.--
facilities, ~~ncl c)ttler ~)uk:~1.i.(.~ ac't1.UI1, ~~ncl, ~'1c:~coi~ciinc~~Ly, ttli~~
I3ody hereby (a) pledges its cooperation in helping to carry out
the Urban Renewal Plans, as amended, (b) requests the various
officials, departments, boards, and agencies of the Locality
having administrat~_ve responsibila.ties in the premises likewise
to cooperate fo such end and to exercise their respective func-
tions and powers in ~-~ manner. con~;istent caith the. Urban Renewal
Plan, as amended, and (c) stands ready to consider and to take
appropriate action upon proposals and measures designed to
effectuate the Urban Renewal Plan, as amended.
10. That additional financial assistance under the provision
of Title I of the Housing Act of 1949, a~ amended, is necessary
to enable the land and the area comprising the Program. to be
renewed in accordance with the Urban Renewal Plan, as amended,
for the Program, and accordingly tt~e proposed .Program and the
Annual Increment arc approved and the Local Public Agency is
authorized to file an Application for additional financial
assistance under. `.I'itlc I.
11. That it li~reby assures the Secretary of the Department
of Housing and Urban Development that tt-le City of West Memphis will
comply with the requirements of Section. lra5(h} of the Housing Act
of .]_949 , as amender , in the ~)r. ovision of standard low- and moderate-
l ll~'~ HII~• 11111': 1 tt~l Ittl I i " ;71 1 t~.a?.i) t~cl1t1) 1 tl t'ttttrtl,E~t° ( C~ I ~1~, Ttlllill~~'t
<:~E~molislled or rc~Inovcd l.)y Neic~llborhood r)c~vf'lo~)ment Program activi.t.if:~s
in the NUP Urban Renewal ZYrea , which are occupied by low- and
moderato-income families and indi~Tidual householders,
~*~
Abandonment of a portion of S. 22nd Street according to Notice of Hearing
published in the Evening Times on February 4th and 11th was considered.
Attorney Jake Brick representing the petitioner presented Waiver of Notice
and Consent to Abandonment stating the petitioner had constructed residence
by error that slightly encroaches into the street right-of-way. Curve in
street, street ending at St. Francis Levee Right-of-way, development of the
street were discussed with City Engineer Charles Hampton. No one appeared
to protest abandonment of portion of street. An ordinance entitled "An
Ordinance To Abandon A Small Portion Of South 22ND Street In The City Of
West Memphis; Declaring An Emergency And For Other Purposes" was introduced
by Alderman Smith, and City Attorney Wallin read the ordinance in full.
Alderman Hutcherson, seconded by Alderman Smith, 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: Horton, Hutcherson, Smith, Scott, Bentley, Dickerson,
Grimsley, Dabbs, Harris, and Hightower.
N o : None .
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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 Harris, seconded by Alderman Bentley 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: Horton, Hutcherson, Smith, Scott, Bentley, Dickerson,
Grimsley, Dabbs, Harris, and Hightower.
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 Dickerson, seconded by Alderman Horton, 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: Horton, Hutcherson, Smith, Scott, Bentley, Dickerson,
Grimsley, Dabbs, Harris, and Hightower.
No: None.
Alderman Scott, seconded by Alderman Hightower, moved that Section 4, the
emergency clause, be adopted and on roll call the following voted:
Aye: Aldermen: Horton, Hutcherson, Smith, Scott, Bentley, Dickerson,
Grimsley, Dabbs, Harris, and .Hightower.
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. 711, and read as
follows:
ORDINANCE N0. 711
AN ORDINANCE TO ABANDON A SMALL PORTION OF SOUTH 22ND STREET IN THE CITY OF
WEST MEMPHIS; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES .
WHEREAS, An application was made to the City Council of the City of West Memphis,
on February 3, 1972, for the purpose of abandoning a small portion of South 22nd
Street in West Memphis, Arkansas, as more particularly hereinafter described; and,
WHEREAS, Notice was duly published on the 4th day of February, 1972, that a Hearing
would be had by the City Council at 1:30 o'clock P.M. on the 17th day of February,
1972, and at said meeting and by the Petition previously submitted, it was requested
that the f oliowing described property in West Memphis, Arkansas, be abandoned, to-wit:
That part of South 22nd Street located immediately to the East of Lot 2,
Block 3 of the George T. Kendal Subdivision, Fifth Addition, mare parti-
cularly described as follows:
Commencing at the Southeast Corner of existing Lot 2, Block 3, George T.
Kendal Fifth Addition to the City of West Memphis; thence East along the
South line of said Lot extended 11.5 feet; thence North parallel with the
West line of said Lot 50 to a point; thence West 90 degrees to the existing
Northeast Corner of said Lot 2, Block 3; thence Southwesterly along the
radius of the existing Street to the point of beginning.
WHEP.EAS, No Persons have appeared to protest against said zoning as requested and
a Waiver of any objection has been filed by two of the adjoining lot owners; and,
WHEREAS, The City Council of the City of West Memphis, is of the opinion
that said Petition be granted;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WEST MEMPHIS
Section 1. That that small part of South 22nd Street in the City of
West Memphis, Arkansas, more particularly described above, be and the same
hereby is abandoned.
Section 2. All Ordinances or parts of Ordinances in conflict herewith are
hereby repealed.
Section 3. A copy of the Ordinance, when duly certified by the City Clerk,
shall be subject to being filed and recorded in the Office of The Circuit
Court Clerk and Ex-Officio Recorder in and for Crittenden County, Arkansas.
Section 4. Emergency Clause: It is found and declared by the City Council
of the City of West Memphis, that this Ordinance is necessary for the
orderly development, growth and expansion of the City of West Memphis; there-
fore, an emergency is hereby declared to exist, and this Ordinance shall be in
full force and effect from and after its passage and approval.
~~
The Mayor announced bids for a Fire Truck as advertised on January 26th and
February 2nd would be received. The following bids were opened by City
Attorney Wallin:
Howe Fire Apparatus Co., Inc, Anderson, Indiana $27,700.00
The Boardman Co., Oklahoma City,:. Oklahoma 29,927.00
Motion was made by Alderman Harris, seconded by Alderman Hutcherson: That
the bids be canvassed by the Fire Commission, and the Commission be authorized
to award the bid. Upon vote, the voting was as follows:
Aye: Aldermen: Horton, Hutcherson, Smith, Scott, Bentley, Dickerson,
Grimsley, Dabbs, Harris, and Hightower.
No: None.
Alderman Scott, Chairman of the Police Commission, brought to the Council's
attention a police car had been wrecked after publishing of the bid notice,
and moved that the car bids be returned unopened and advertise for four cars
specifications require police package vehicles. The motion was seconded by
Alderman Dabbs. Upon vote, the voting was as follows:
Aye: Aldermen: Horton, Hutcherson, Smith, Scott, Bentley, Dickerson,
Grimsley, Dabbs, Harris, and Hightower.
No: None .
Motion was made by Alderman Grimsley, seconded by Alderman Hutcherson: That
bids for four Police Cars be received at a Council Meeting on March 9th at
5:00 P.M. Upon vote, the voting was as follows:
Aye: Aldermen: Horton, Hutcherson, Smith, Scott, Bentley, Dickerson,
Grimsley, Dabbs, Harris, and Hightower.
No: None.
Bids for Garbage Trucks received as follows:
Jim Ellis Oldsmobile, Inc.
1972 Internatiorel.2 Ton Truck
1972 Dump Truck
$4351.00 Each
$11,439.00
Chalmbers Buick Co.
1972 GMC 2 Ton Truck
19 72 Dump Truck
$4196.92 Each
$11,190.63
eJ
Bob Morrow Ford Sales, Inc .
1972 Ford Truck $4634.21 Each
19 72 Dump Truck $11617.46
Ryan Chevrolet Company bids were sealed with the Police Car Bids, therefore,
the matter was held in abeyance until a company representative could present
the truck bids .
The only bid for garbage container
Company as follows: unit was received from Hawkins Equipment
2 Pak=Mor Model H Hydraulic Refuse Collection Units $4,750.00 Each
Motion was made by Alderman Scott, seconded by Alderman Bentley: That refer
bids to the Sanitation Commission and the Chairman of the Street Committee to
study the bids and awgrd bid for t rucks and container unit. Upon vote, the
voting was as follows:
Aye: Aldermen: Horton, Hutcherson, Smith, Scott, Bentley, Dickerson,
Grimsley, Dabbs, Harris, and Hightower.
No: None .
Mayor Rodgers brought to the Council's attention the controversy as to whether
a three or four wheel street sweeper would be advantageous for the City. Motion
was made by Alderman Hutcherson, seconded by Alderman Grimsley: That the bids
for street sweeper not be opened, and readvertise for a three or four wheel
sweeper on March 9th at 5:00 p.m. Upon vote, the voting was as follows:
Aye: Aldermen: Horton, Hutcherson, Smith, Scott, Bentley, Dickerson,
Grimsley, Dabbs, Harris, and Hightower.
No: None.
City Attorney Wallin presented ordinances for Repeal of Section 2 of Ordinance
No. 667 and Amendment to Ordinance No. 411. City Building Inspector Perrine
informed the Council the ordinance prohibiting building on 2 5 foot lots included
paragraphs 11.12 and 1I .13 of Ordinance No. 411 thereby restricting construction
on corner lots. The Urban Renewal Agency had requested the present ordinance be
amended, also construction of buildings were being delayed.
Alderman Dabbs introduced an ordinance entitled " An Ordinance To Repeal
Section 2 Of Ordinance 667 Of The City of West Memphis; Declaring An Emergency
and For Other Purposes" and City Attorney Wallin 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: Horton, Hutcherson, Smith, Scott, Bentley, Dickerson,
Grimsley, Dabbs, Harris, and Hightower.
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 or3inance 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: Horton, Hutcherson, Smith, Scott, Bentley, Dickerson,
Grimsley, Dhbbs, Harris, and Hightower.
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 Harris 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 Horton, Hutcherson, Smith, Scott, Bentley, Dickerson,
Grimsley, Dabbs, Harris, and Hightower.
Nay: None.
Alderman Grimsley, seconded by Alderman Hutcherson, moved that Section 2
the emergency clause be adopted, and on roll call the following voted:
Aye: Aldermen Horton, Hutcherson, Smith, cost, Bentley, Dickerson,
Grimsley, Dabbs, Harris, and Hightower.
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. 712, and read as
follows:
ORDINANCE N0. 712
AN ORDINANCE TO REPEAL SECTION 2 OF ORDINANCE 667 OF THE CITY OF WEST MEMPHIS
DECLARING AN EMERGENCY AND FOR OTHER PURPOSES.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS
Section 1. Section Z of Ordinance No. 667 of the City of West Memphis,
Arkansas, is hereby repealed and abolished.
Section 2. It being found and determined by the City Council of the City
of West Memphis, Arkansas, that certain modifications need to be made
immediately to Ordinance No. 667 of the City of West Memphis, Arkansas, in
the interest of the health, safety and welf8re 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 and
approval as required by law.
~~~
Alderman Smith introduced an ordinance entitled "An Ordinance To Amend
Ordinance No. 411 Of The City Of West Memphis; Declaring An Emergency
And For Other Purposes", and City Attorney Wallin read the ordinance in
full .
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: Horton, Hutcherson, Smith, Scott, Bentley, Dickerson,
Grimsley, Dabbs, Harris, and Hightower.
No: None.
Thereupon the Mayor declared that at least two-thirds of ail 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 Harris, seconded by Alderman Bentley 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: Horton, Hutcherson, Smith, Scott, Bentley, Dickerson,
Grimsley, Dabbs, Harris, and Hightower.
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 Dickerson, seconded by Alderman Horton 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: Horton, Hutcherson, Smith, Scott, Bentley, Dickerson,
Grimsley, Dabbs, Harris, and Hightower.
No : None .
Alderman Scott, seconded by Alderman Hightower, moved that Section 3, the
emergency clause be adopted and on roll call the following voted:
Aye: Aldermen; Horton, Hutcherson, Smith, Scott, Bentley, Dickerson,
Grimsley, Dabbs, Harris, and Hightower.
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. 713. The ordinance
read as follows
ORDINANCE N0. 713
AN ORDINANCE TO AMEND ORDINANCE N0. 411 OF THE CITY OF WEST MEMPHIS; DECLARING
AN EMERGENCY AND FOR OTHER PURPOSES .
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS
Section 11 of Ordinance No. 411 of the City of West Memphis, Arkansas, is
hereby amended to read as follows:
"11.12 on any such lot or parcel the side yard requirements of this Ordinance
shall not operate to reduce the net buildable width of such lot below I5 feet,
provided however, that the application of this exception shall not be permitted
to reduce sub-paragraph 1 any interior side yard below 10% of the width of the
lot, or 5 feet, whichever is grater, or sub-paragraph 2 any exterior side yard
below 20% of the width of the lot or 5 feet, whichever fs greater.
11.13 on any such lot or parcel no combination of the following requirements
shall operate to reduce the net buildable depth of such lot below 70 feet:
1. Front and rear yard,
2. Front and/or rear building setback, provided, however, that the application
of this exception shall not be permitted to reduce:
(a} Any front yard below 20% of the depth of the lot, or
(b} Any rear yard below 15% of the depth of the lot, or 10 feet, whichever is
greater."
Section Z. All Ordinances or parts of Ordinances in conflict herewith are
hereby repealed.
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Section 3. It being found and determined by the City Council of the
City of West Memphis, Arkansas, that certain modifications need to be
made immediately to Ordinance No. 411 of the City of West Memphis,
Arkansas, in the interest of the health, safety and welfare of the inhabi-
tants 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 and approval as required by law.
**~~~~~
Alderman Scott requested a 5 minute recess.
Mayor Rodgers called the meeting to order, and announced the Ryan
Chevrolet, Inc. bids had been received. The bids were as follows:
Ryan Chevrolet, Inc.
2 Ton Truck
Dump Truck
$3,986.42 Each
$10,673.48
Attorney Ralph Sloan presented an ordinance for annexation of an area
north of Interstate I-55 and east of the west right of way line of Club
Road for which the Crittenden County Court Order confirming annexation
had been entered on February 15, 1972. Mr. Sloan stated the property
owners are preparing plans to develop, and had requested annexation in
order that the City have control over the development. Due to the
Aldermen not having a plat of the area to study prior to the meeting,
motion was made by Alderman Dickerson, seconded by Alderman Bentley:
That the matter be postponed for two weeks. Upon vote, the voting was as
follows:
Aye: Aldermen Horton, Hutcherson, Smith, Scott, Benitley, Dickerson, Grimsley,
Dabbs, Harris, and Hightower.
No: None.
Alderman Harris presented Petition for Mrs. Roberta Jackson, who had to leave
the meeting. The Petition read as follows:
NOW TO WHOM IT SHALL CONCERN, LET ALL CIE GREETINGS
Test Memphis Planning Commission, Honorable Mayor, and City Council
We, the undersigned do by our signatures convey our support as indicated
by the West Memphis Council of Organizations, that we do in fact, support
the action of Aldermen James Hightower and Willie L. Harris in their
recommendation for the proposed land-use planning for the City of West Memphis,
Arkansas at an official meeting of the City Council on the evening of
January 20, 1972.
We, feel that the action taken by the City Council on the above date was in
"haste", and did not give residents in the affected area an opportunity for
adequate discussion.
Therefore, we the undersigned submitt this petition in request for reconsidera-
tion by the Honorable Tilden Rodgers, Mayor of West Memphis, and the City
Council for support of our Aldermen James Hightower and Willie L. Harris.
(20S Names Listed)
~~~~~
The Petition was taken under consideration.
Mrs. Garnet Williams 322 S. 13th presented request for six month extension
of permit for beauty shop operated in her home. The Council was informed
there had been no complaints as to location of the shop. Motion was made
by Alderman Harris, seconded by Alderman Bentley: That permission for
beauty shop at 322 S. 13th Street be extended for six months. Upon vote,
the voting was as follows:
Aye: Aldermen Horton, Hutcherson, Smith, Scott, Bentaegt Dickerson, Grimsley,
Dabbs, Harris, and Hightower.
No: None.
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Mayor Rodgers presented the following Resolution adopted by the
West Memphis Utility Commission:
WHEREAS, it has been determined by the West Memphis Utility Commission
that Mr. W. H. Hundhausen was instrumental in acquiring the West Memphis
Utility System for the City of West Memphis and has served tirelessly in
his capacity as a member of the West Memphis Utility Commission; and,
WHEREAS, the City of West Memphis and the residents thereof have greatly
benefitted by the services rendered by the West Memphis Utility Commission
and Commissioner W. H. Hundhausen;
NOW, THEREFORE, BE IT RESOLVED BY THE WEST MEMPHIS UTILITY CO~iNIISSION,
That the Commission hereby recommends that its building be dedicated in
honor of Commissioner W. H. Hundhausen and that said building be designated
and named hereafter as The William H. Hundhausen Building in appreciation
of the efforts, interest and leadership exhibited by Commissioner
W. H. Hundhausen in the interest of the City of West Memphis and the
West Memphis Utility Commission.
PASSED AND APPROVED This 7th day of February, 1972.
WEST MEMPHIS UTILITY COMMISSION
BY : /S / JIMMIE 0 . S POTTS , CHAIRMAN
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Motion was made by Alderman Scott, seconded by Alderman Smith that the:
Utility Commission Building be dedicated in honor of Commissioner
W. H. Hundhausen and that said building be designated and named hereafter
as The William H. Hundhausen Building. Upon vote, the voting was as follows:
Aye: Aldermen Horton, Hutcherson, Smith, 5~cott, Bentley, Dickerson,
Grimsley, Dabbs, Harris, and Hightower.
No : None .
Mayor Rodgers brought to the Council's attention a resolution pertaining
to recyling that had not been included in the tentative Agenda. Motion
as made~aby Alderman Grimsley, seconded by Alderman Bentley: That waive
the rule and the Resolution be considered. Upon vote, the voting was as
follows
Aye: Aldermen Horton, Hutcherson, Smith, Scott, Bentley, Dickerson,
Grimsley, Dabbs, Harris, and Hightower.
No: None.
City Attorney Wallin read the Resolution. Motion was made by Alderman
Grimsley, seconded by Alderman Hutcherson: That the Resolution as read be
adopted. Upon vote, the voting was as follows:
Aye: Aldermen Horton, Hutcherson, Smith, Scott, Bentley, Dickerson,
Grimsley, Dabbs, Harris, and Hightower.
No : None .
The Resolution read as follows:
RESOLUTION ~. 432
WHEREAS: Ever increasing environmental problems in West Memphis demand the
immediate attention and interest of its citizens; and
WHEREAS: Recycling is a practical answer to the environmental problems
involving solid wastes; and
WHEREAS: The recycling of newspapers could be a spring board to improved
solid waste management; and
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WHEREAS: The Altrusa Club has made it possible for the citizens of
West Memphis to actively take part in improving their environment by
providing a newspaper collection station for recycling at the Big
Star Foodeteria at the intersection of Missouri and Bond from
February 18th to 21st;
NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
WEST MEMPHIS: That the citizens of West Memphis be challenged and
encouraged to save their newspapers and recycle them by taking them
to the collection station.
~~~~~
The Mayor reported the City Beautiful Commission had presented names
for Commission appointment after preparation of the Agenda. Motion was
made by Alderman Scott, seconded by Alderman Horton: That waive the
rule and the appointments be considered. The following names were
presented:
Ward 3: Mrs. George Hickey and Mrs. William C. Kingsbury, Jr.
Ward 4: Mrs. Floyd A. Graham and Mrs. John L. Brown.
Motion was made by Alderman Smith, seconded by Alderman Hutcherson:
That appointments to City Beautiful Commission be approved. Upon vote,
the voting was as follows:
Aye: Aldermen Horton, Hutcherson, Smith, Scott, Bentley, Dickerson,
Grimsley, Dabbs, H$rris, anfl Hightower.
No: None.
Alderman Horton requested information on development of the street in
back of the East Fire Station, Engineer C. Hampton stated the work will
commence when weather permits.
No further business being presented, the meeting adjourned.
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MA 0
ATTEST • ,,~ -~
CITY C
APPROVED: MARCH 2, 1972