April 6, 1971~C~
: s
MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF
WEST MEMPHIS , ARKANSAS , HELD ON THE 6TH DAY OF APRIL, 19 72 .
The Council of the City of West Memphis, in the County of Crittenden,
State of Arkansas, met in a regular session in the City Hall in said
City at 1:30 o'clock p.m. on the 6th day of April, 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: R. T. Bentley, W. R. Dabbs, Thomas Dickerson,
D. M. Grimsley, W. L, Harris, Pritchard Horton,
C. D. Hutcherson, M. P. Scott, and iz. L. Smith;
and City Attorney R. E. Wallin.
Absent: Alderman James E. Hightower.
It being determined a quorum was present, the following proceedings were
had to-wit:
Minutes of Council Meeting on March 16, 1972, were approved as read.
Miss Ima Jean Kizer of 822 Walnut Drive requested permission to operate
a two chair beauty shop at her residence. Miss Kizer stated her immediate
neighbors had been contacted and do not oppose the beauty shop. After
discussion, Miss Kizer was instructed to contact the Chairman of the Board
of Adjustment.
Alderman Scott, Chairman of the Insurance Committee, presented recommendations
of the Insurance Committee as follows: That the Crittenden Insurance Agency
be designated agent of record with regard to the City's workmen's compensation,
public liability and automobile liability coverages for the 3 year peiod from
March, 1972 through March, 1975. That the Crittenden Insurance Agency be
officially recognized as the agent of record for all of the City's fire and
casualty insurance needs.
After discussion, motion was made by Alderman Scott, seconded by Alderman
Grimsley: That Crittenden Insurance Agency be designated agent of record
for the City's Workmen's Compensation, Public Liability, and Automobile
Liability coverages from March, 1972 through March, 1975. Upon vote, the
voting was as follows:
Aye: Aldermen: Bentley, Dabbs, Dickerson, Grimsley, Harris, Horton,
Hutcherson, Scott, and Smith.
No : None .
Motion was made by Alderman Scott, seconded by Alderman Grimsley: That
Crittenden Insurance Agency be officially recognized as agent of record
for all of the City's fire and casualty insurance needs. Upon vote, the
voting was as follows:
Aye: Aldermen: Bentley, Dabbs, Dickerson, Grimsley, Harris, Horton,
Hutcherson, Scott, and Smith.
No : None .
Plans for new Council Table and Chairs were outlined by Alderman Scott.
~~ecommendation of the Police Commission that an ad be placed in the paper
pertaining to applications was presented and approved.
Alderman Dickerson commented on criticsm pertaining to the 14 yard truck,
and Chalmers Buick, the company awarded the bid, was instructed to delay
the order for further inf ormation.
Alderman Smith reported the Street Committee had awarded the bid for a
three wheel street sweeper to Choctaw in the amount of $10,110.00, and
will consider street specifications at a meeting of April 12th at 4 P.M .;
also the Asphalt Plant is now in operation.
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An ordinance entitled '0An Ordinance Accepting Territory Annexed To The
City of West Memphis, Arkansas" read on March 2nd and 16th was read the
third time by City Attorney Wallin. Motion was made by Alderman Scott,
seconded by Alderman Grimsley: 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: Bentley, Dabbs, Dickerson, Grimsley, Harris, Horton,
Hutcherson, Scott, and Smith.
No: None .
The Mayor thereupon declared the ordinance adopted and signed the
ordinance, which was attested by the City Clerlc and impressed with the
seal of the City. The ordinance was given No. 718, and read as follows:
ORDINANCE N0. 718
AN O~tDINANCE ACCEPTING TERI-~ITORY ANNEXED TO THE CITY OF WEST MEMPHIS,
ARKANSAS .
WHEREAS, J & M Investment Co., Intercity Properties, Inc., John G. Scott,
J. k'. Collard, Sr., Verda D. Collard, W. S . Cheek and Glenn Sartin dba
C & S Oil Co., L. Buford Wright, Hilda P. Wright, William H. Johnson,
James H. Barton, Frank G. Barton, Jr ., Edward W. W althal, Jr.,
Lawrence B. Walthal, Joseph C. Clark and Josephine H. Clark have instituted
proceedings in the County Court of Crittenden County, l~rkansas, for the
annexation of certain territory to the City of West Memphis, Arkansas; and
WHEREAS, such territory is contiguous to the City of West Memphis and it is
proper and right and for the best interest of such city that such territory
should be annexed; and
WHEREAS , the County Court of Crittenden County, Arkansas , has entered its
order of January 12, 1972, approving the annexation of such territory as
hereinafter described to the city and on the 15th day of February, 1972,
entered its order confirming such annexation and it is necessary that the
City accept such territory before the annexation can be completed and the
territory hereinafter described become a part of the City of West Memphis:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS:
SECTION Y. That the territory hereinafter described be, and it is, hereby
accepted as a part of the city of West Memphis, Arkansas to wit:
The NEB of Section 9; that part of the SE4 of Section 9 lying north
of Interstate I-55 right of way and east of the west right of way
line of Club Road; and the W~ W'~ of Section 10 lying north of
Interstate I-55 right of way, ALL in Township 6 N orth, Range 9 E ast,
containing 3b5.4 acres, more or less.
SECTION II. That the territory herein described be, and it is, hereby
attached to and incorporated in Ward 4 of the City of West Memphis, Arkansas,
and shall forthwith be considered and become a part thereof.
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Mayor Rodgers announced Notice had been published on March 2Lnd in the
Evening Times for hearing on application of West Memphis Cab Company to
increase the number of cabs. No one appe ared to object to the increase
or present complaints as to operation. Attorney Dick Hatfield on behalf
of the owners James and Ruby Swan informed the Council of increase in
business necessitating additional cabs. Motion was made by Alderman Scott,
seconded by Alderman Hutcherson: That West Memphis Cab Company be granted
permission to increase the number of cabs from 15 to 20. Upon vote, the
voting was as follows:
Aye: Aldermen: Bentley, Dabbs, Dickerson, Grimsley, Harris, Horton,
Hutcherson, Scott, and Smith.
No: None .
In accordance with Council instructions on March 16th notice was published
in the Evening Times on March 22nd for hearing on the rezoning of an area
S . of Broadway East of Club Road from RriH to RS-6. No one appeared to
object to the rezoning, thereupon, an ordinance entitled "An Ordinance To
Rezone Certain Property In The City Of West Memphis,' Crittenden County,
Arkansas, As More Fully Inscribed Herein, From KMfi District To B..S-6 District;
Declaring An Emergency And For Other Purposes" was ~ntuoi3ucted $~r;.Aldetman~ ~rnith~.
and the City Attorney read the ordinance in full.
Alderman Hutcherson, seconded by Alderman Grimsley, moved that the rule requir-
ing 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 follow-
ing voted:
Aye: Aldermen: Bentley, Dabbs, Dickerson, Grimsley, Harris, Horton,
Hutcherson, Scott, and Smith.
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 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: Bentley, Dabbs, Dickerson, Grimsley, Harris, Horton,
Hutcherson, Scott, and Smith.
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, th~~
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: Bentley, Dabbs, Dickerson, Grimsley, Harris, Horton,
Hutcherson, Scott, and Smith.
No: None.
Alderman Scott, seconded by Alderman Dabbs, moved that Section 2, the emergency
cluase be adopted, and on roll call the following voted:
Aye: Aldermen: Bentley, Dabbs, Dickerson, Grimsley, Harris, Horton,
Hutcherson, Scott, and Smith.
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. 719. The ordinance
read as follows
ORDINANCE N0. 719
AN ORDINANCE TO REZONE CE RTAIN PROPERTY IN THE CITY OF WEST MEMPHIS ,
CRITTENDEN COUNTY, ARKANSAS, AS MORE FULLY DESCRIBED HEREIN, FF,OM R M H
DISTPICT TO R S- 6 DISTRICT; DECLARING AN EMERGENCY AND FOR OTHER PURPOSES .
WHEREAS, Notice was duly published on March 22, 1972, as provided
by law, of a hearing to be held before the West Memphis City Council
at 1:30 P. M, on April 6, 1972, for the purpose of hearing any interested
parties in connection with the rezoning of said lands; and,
WHET.EAS, at said meeting on April 6, 1972, the City Council of the
City of West Memphis considered the rezoning of said property hereinafter
described and allowed any and all persons who desired to appear and protest
same to be heard, and said Council further fully considered said rezoning;
and,
WHEREAS, The City Council of the City of West Memphis is authorized
by Ark. Stats. Anno. 19-2830 Sub. Sec. 5 (b) to amend or modify its duly
adopted zoning maps, plans and ordinances by a majority vote of said
Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUIICIL OF THL CITY OF
WEST MEMPHIS, ARKANSAS
Section 1. That the following described property, to-wit:
Commencing at point being the Northwest corner of the Northeast Quarter
of Section 16, Township 6 North, Range 9 Fast, and running thence South
along the center Tine of said one-half section line of Section 16 a
distance of 300 feet to the point of beginning; thence East 1320 feet
along a line parallel to U. S. Highway 70 to a point; thence South 1350
feet to its intersection with the North line of the St. Francis Levee
Board R. 0. W. thence South 78 degrees 3 minutes West 1370 feet along
said St. Francis Levee Board Y.. 0. W. line to a point, said point being
on the one-half section line of Section I6; thence North along said
one-half section line 1700 feet to the point of beginning, be and the
same is herby rezoned RS-6 Single Family Residence.
Section 2. Emergency Clause: It is hereby ascertained and declared
to be a f act after full consideration by the City Council of the City
of West Memphis that the property above described should be rezoned as
hereinbefore set out in the interest of the public peace, health, safety
and welfare of the City of West Memphis and in the interest of orderly
growth and development of said City; THEREFORE, and emergency is hereby
declared to exist and this Ordinance shall be in full force and effect
from and after its passage and approval as provided by law.
x~~~~
Mr. .Don Nlanes of Don Manes ~ Associates, Mr. Pat Magruder and Mr. Don Froning,
Architects, presented architectural rendering and information on a proposed
.Neighborhood Facility south of Broadway between S. 13th and 14th Streets. The
Council was inf ormed the Urban kenewal Agency applied for acquistion of land
funds. The Facility will have a floor plan of approximately 9,000 sq. feet
to be used for a health clinic and other agencies, also one room will have
seating capacity for approximately 200 caith a fold-out stage. Total cost of
the Facmility will be approximately $330,000; the local share $75,000 part
of which can be "in kind contributions" and would be shared by the City and
the County the remaining $225,000 would be a Federal Grant. The Resolution
was read by City Attorney T~?allin. After discussion, motion was made by
Alderman Smith, seconded by Alderman Bentley: That the 1esolution as presented
be adopted. Upon vote, the voting was as follows:
Aye: Aldermen: Bentley, llick..erson, Grimsley, F3arris, Morton, Hutcherson, Scott,
and Smith.
Nay: None .
Alderman Dabbs had been excused during tree discussion
The Resolution read as follows:
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RESOLUTION NO. _4 3
RESOLUTION OF CITY COUNCIL OF THE CITY
OF WEST MEMPHIS, ARKANSAS AUTHORIZING
FILING OF APPLICATION FOR NEIGHBORHOOD
FACILITIES GRANT
WHEREAS Section 703 of the Housing and Urban Development Act of
1965 authorizes the making of grants of Federal funds to local public
bodies or agencies to assist in financing the development cost of
neighborhood facilities projects necessary for carrying out programs
of community service; and
WHEREAS the City of West Memphis, Arkansas (herein sometimes
referred to as "Appiicant'i) deems it to be necessary and in the
public interest to provide certain facilities of the type contemplated
in said Section 703 and to undertake a project (hereinafter called the
"Neighborhood Facilities Project"} with Federal grant assistance,
described as the West Memphis Neighborhood Center; and
WHEREAS it is recognized that the Federal contract for such
financial assistance pursuant to said Section 703 will impose certair`
obligations and responsibilities upon the Applicant and will require
among other things (1) the provision of the local share of the cost of
the Neighborhood Facilities Project, (2) assurances that families or
individuals displaced as a result of the development of a Neighborhood
Facilities Project will be offered decent, safe, and sanitary housing
within their means, (3) the making of relocation payments in accordance
with regulations of the Department of Housing and Urban Development,
(4} compliance with Federal labor standards, and (5) compliance with
Federal requirements relating to equal employment opportunity; and
WHEREAS Title VI of the Civil Rights Act of 1964, the regulations
of the Department of Housinq and Urban Development effectuating that
Title, or the policy of the Department provide that no person shall,'
on the ground of race, color, creed, or national origin be excluded
from participation in, be denied the. benefits of, or be subjected to
discrimination in the undertaking and carrying out of projects
receiving Federal financial assistance:
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS RESOLVES:
Y ~ " "*+
1. That an application on behalf o~~•d~i~~jjC,~.~~'. ~:"~~+d~~~~,~,, they
a~ ..
Department of Housing and Urban Development for a grant under Section
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70 3 of the Housing and Urban Development Act of 19 6 5~,~ in an amount} ~~• ''
equal to three -fourths of the development cost of the Neighborhood
Facilities Project, such development cost now estimated to be $300,000,:
2. That the Neighborhood Facilities Project (a) is necessary fo,~'~
_:~
carrying out a program of health, recreational, social, or similar ~,
community service in the area, (b) is consistent with comprehensive
planning for the development of the community, and (c) will be avail-
able for use by a significant portion of the area's low- and moderate-
income residents. '..
3, That the T~Zayor is hereby authorized and directed to execute
and file such cpplication, to execute such contracts as may be nec-
essary for the grant applied for to provide such information and
furnish such documents as may be required by the Department of Housing
and Urban Development, and to act as the authorized representative of
the Applicant in the accomplishment of th, Neighborhood Facilities
Project.
4. That the United States of America and the Secretary of
Housing and Urban Development be, and they hereby are, assured of full
compliance by the Applicant with the regulations of the Department of
Housing and Urban Development effectuating Title VI of the Civil
Rights Act of 1354, and with the policy of the Department prohibiting
discrimination on the basis of creed.
5. That the Neighborhood Facilities Project will be carried out
in full compliance with applicable Federal statutes and regulations o%
the Secretary of Labor pertaining to the employment of laboreers and
merchanics on projects assisted with Federal funds.
Mr. Don Manes discussed Workable Program, thereupon, motion was made by
Alderman Dickerson, seconded by Alderman Grimsleyl The mayor be authorized
to sign the Updated Housing Code Compliance Program. Upon vote, the voting
was as follows
Aye: Aldermen: Bentley, Dickerson, Grimsley, Harris, Horton, Hutcherson,
Scott, and Smith.
Nay: None.
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Mr. Cy Bond, Jr. presented I~eplat of Lot 19, Block 4, Fourth Addition
Westwood Acres that had been recommended for approval by the Planning Commissian.
Mr. Bond stated the area had been retained fora park and school, however, the
school board advised did not want the property and that section was platted, the
remainder is being considered by the Westwood Acres Civic Club and the City for a
park. After discussion, motion was made by Alderman Scott, seconded by Alderman
Horton: That Replat of Lot 19, Block 4, Fourth Addition of Westwood Acres be
approved. Upon vote, the voting was as follows;
Aye: Aldermen: Bentley, Dickerson, Grimsley, Harris, Horton, Hutcherson, Scott,
and Smith.
No : None .
The following letter from Mr. J. E. Lalman was presented:
lair. Bill Cooper, and West Memphis City Council
West Memphis, Arkansas
Gentlemen:
On March 31, 1971, the Planning Commission of the City of West Memphis, Arkansas,
recommended to the City Council of West Memphis, that the following described
property should be rezoned from the then present zoning, M-1 to R-T, residence
mobile homes, On the 15th day of April, 1971, the City Council of West Memphis,
passed Urdi nance No. 676, which stated in part, as follows:
"Section I. That the following property located in Crittenden County, Arkansas,
to-wit:
Lot 20 lying in the North Half (N~) of Section 24, To~mship Six North (T6N) ,
Range Eight I'.ast (R$E), and further described as being Lot 20 according to
Bond's survey on clay 23, 1940, of irregular lots recorded in Plat Book I, pages
106 and 107 in the office of the Circuit Court Clerk and Ex-Officio Recorder for
Crittenden County, Arkansas, now zoned as M-1, be, and the same is hereby rezoned
to R-T, .Residence-Mobile Homes ."
As stated above, the Ordinance not only passed on April 15, 1971, but was approved by
Tilton hodgers, Mayor, and attested by City Clerk, Charles F. DeGraff, and is now an
Ordinance of the City of West riemphis, Arkansas.
Since the time, I have not only paid an attorney for his services to present that
matter, which resulted in passage, I also contracted with Bobby Lehr's Engineering
firm to do the engineering work for the trailer park and made proper payment to
him; and further, I have contracted for the installation of the proper plumbing.
Since all of that work was done, a new plan was adopted by the City Council and
the above :action of the City Council was not taken into consideration. Therefore,
I respectfully request that proper action be taken by the City Council which would
permit me to proceed with the plans I have made and which were previously approved
by the City Council.
Very truly yours,
/S / J . E . CAIMAN
Fidelity National Bank Bldg.
330 West Broadway
West Memphis, Arkansas 72301
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After discussion, motion was made by Alderman Grimsley, seconded by Alderman Horton:
That Notice of hearing before the Council on May 4th be published. Upon vote, the
voting was as follows:
Aye: Aldermen: Bentley, Dickerson, Grimsley, Harris, Horton, Hutcherson, Scott,
and Smith.
Nay : None .
City Attorney Wallin presented ordinance for minor traffic violations as previously
rrequested. The ordinance entitled 10An Ordinance Providing Certain Requirements And
Regulations For The Use Of Motor Vehicles Upon The Streets Of 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.
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Alderman Scott, seconded by Alderman Horton, 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 Bentley, Dickerson, Grimsley, Harris, Horton, Hutcherson, Scott,
and Smith.
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 Dickerson, seconded by Alderman Bentley then moved that the rule
requiring the reading of an ordin ance in full on three different days be
further suspended and that the ordinance be placed on its gird reading. The
Mayor, put the question on the adoption of the motion and the roll being called
the following voted:
Aye: Aldermen Bentley, Dickerson, Grimsley, Harris, Horton, Hutcherson, Scott,
and Smith.
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 Harris, 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 Bentley, Dickerson, Grimsley, Harris, Horton, Hutcherson, Scott,
and Smith.
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 Bentley, Dickerson, Grimsley, Harris, Horton, Hutcherson, Scott,
and Smith.
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. 720. The ordinance read as follows:
ORDINANCE N0. 720
AN ORDINANCE PROVIDING CERTAIN REQUIREMENTS AND REGULATIONS FOR THE USE OF MOTOR
VEHICLES UPON THE STREETS OF THE CITY OF WEST MEMPHIS; DECLARING AN EMERGENCY AND
FOR OTHER PURPOSES.
WHEREAS, The Legislature of the State of Arkansas has authorized cities of the
first class to take whatever actions are necessary in the interest of the health,
safety and welfare of said cities within certain limits; and,
WHEREAS, The Legislature of the State of Arkansas specifically authorized any city
of the first class to perform any function and exercise full legislative power in
any and all matters of whatsoever nature pertaining to its municipal affairs with
certain exceptions by Act 266 of the 1971 Acts of Arkansas, and in pursuance of said
authority the following traffic regulations are hereby adopted.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS:
Section 1. That notwithstanding any speed limit or zone in effect at the time,
or right of way rules that may be applicable, every driver of a motor vehicle
including motorcycle and motorscooter, within the City of West Memphis shall:
1. Operate his vehicle at a safe speed.
2. Mahtain a safe look-out.
3. Use due care to keep his vehicle under control.
a.
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Section 2. Penalty - Any driver of a motor vehicle, motorcycle or motor-
scooter violating the provisions of this Ordinance shall be deemed guilty
of a misdemeanor .and upon conviction shall be fined in a sum not greater
than $25.00 for any one specified offense or violation, or double that sum
for each repetition of such offense or violation. {Ark. Stats. Anno. 19-2409)
Section 3. Whereas, the City Council of the City of West Memphis has
determined that the orderly regulation of traffic in the City of West Memphis
requires the passage of the traffic regulations herein contained in the
interest of the health, safety and welf are of the inhabitants of said City,
therefore, an emergency is hereby declared to exist and this Ordinance sh all
be in full force and effect from and of ter its passage and approval as required
by Iaw.
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riayor Rodgers distributed copies of the 1971 Audit, and requested the Aldermen
to review, and if any questions, present at the next meeting.
City Attorney Wallin informed the Council the Lease Agreement and Ordinance ro
adopt for Langston Bag Company Bond issue had been received from Mr. Herschel
H. Friday. The Mayor stated agreement had been reached as to tax schedule.
The Mayor stated that consideration should be given to an ordinance authorizing
a Lease and Agreement by and between the City and Langston Bag Co. in connection
with issuing Industrial Llevelopment Revenue Bonds. This was a matter with which
the Council was familiar and after a discussion, Alderman Scott introduced an
ordinance entitled; "An Ordinance Authorizing A Lease And Agreement By And
Between The City Of West Memphis, Arkansas, As Lessor, ~'nd Langston Bag Co., As
Lessee, In Substantially The Form And G7ith Substantially The Contents Set Forth
In And Made A Part Of This Ordinance; Authorizing The Execution And Delivery Of
The Lease And Agreement; Prescribing Other-Matters Relating Thereto; And lleclaring
An Emergency" and the City Attorney read the ordinance in full.
Alderman Horton, seconded by Alderman Dickerson, moved that the rule requiring
the reading of an ordinance or resolution 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 Bentley, Dickerson, Grimsley, Harris, Horton, Hutcherson, Scott,
and Smith,
and the following voted
Nay: 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 by the City
Attorney.
Alderman Bentley, seconded by Alderman Harris 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 Bentley, Dickerson, Grimsley, Harris, Horton, Hutcherson, Scatt,
and Smith,
and the following voted
Nay; 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 by the City Attorney.
Alderman Grimsley, seconded by Alderman Hutcherson, 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 Bentley, Dickerson, Grimsley, Harris, Horton, Hutcherson, Scott,
and Smith,
and the following voted
Nay: None.
,4! '~ ~-
Alderman Smith, seconded by Alderman Scott, moved that Section 5, the
emergency clause, be adopted, and on roll call the following voted
Aye: Aldermen Bentley, Dickerson, Grimsley, Harris, Horton, Hutcherson, Scott,
and Smith,
anti ~ the f o11 owing voted
Nay: 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. 721. The ordinance read as
follows
ORDINANCE N0. 721
AN ORDINANCE AUTHORIZING A LEASE AND AGREEMENT BY AND BETtdEEN THE CITY OF WEST
MEMPHIS, ARFCANSAS, AS LESSOR, AND LANGSTON BAG COQ, AS LffiEE, IN SUBSTANTIALLY
THE FORM AND WITH SUBSTANTIALLY THE CONTENTS SET FORTH IN AND MADE A PART OF THIS
ORDINANCE; AUTHORIZING THE EXECUTION AND DELIVERY OF THE LEASE AND AGREEMENT;
PRESCRIBING OTHER MATTERS RELATING THERETO; AND DECLARING AN EMERGENCY
BE IT ORDAINED by the City Council of the City of West Memphis, Arkansas:
Section 1. That there be, and there is hereby authorized the execution and
delivery of a Lease and Agreement wherein the City of West Memphis, Arkansas
(the "City") is Lessor and Langston Bag Co., a Tennessee corporation ("Langston")
is Lessee, in substantially the form and witr. substantially the contents herein-
after set forth, and the Mayor and City Clerk be, and they are hereby, authorized
to execute, acknowledge and deliver the Lease and Agreement for and on behalf of
the City. The form and contents of the Lease and Agreement, which are hereby
approved and which are made a part hereof, shall be substantially as follows:
(Lease Separate Item)
Section 2. That the Mayor and City Clerk be, and they are hereby, authorized
and directed, for an on behalf of the City, to do all things, execute all
instruments and otherwise take all action necessary to the realization of the
City's right and to the discharge of the City's obligations as Lessor under the
Lease and Agreement.
Section 3. That the provisions of this Ordinance are hereby declared to be
separable, and if any section, phrase or provision shall, for any reason, be
declared to be invalid, such declaration shall not affect the validity of the
remainder of the sections, ;,phrases or provisions.
Section 4. That all ordinances and parts thereof in conflict herewith are hereby
repealed to the extent of such conflict.
Section 5. That there is hereby found and declared to be an immediate need for
the securing and developing of industry in order to provide additional employment
and increased payrolls, alleviate unemployment and provide other benefits incidental
to the operation of a substantial industry, and the execution and delivery of the
Lease and Agreement authorized by this Ordinance are necessary for the accomplish-
ment of these public benefits and purposes. It is, therefore, declared that an
emergency exists, and this Ordinance, being necessary for the immediate preservation
of the public health, safety and welfare, shall be in farce and ta'~.e effect
immediately upon and after its passage.
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Alderman Smith introduced an ordinance entitled "An Ordinance Authorizing The
Issuance Of Industrial Development Revenue Bonds Under Act No. 9 Of The First
Extraordinary Session Of The Sixty-Second General Assembly Of 'i'he State Of Arkansas,
Approved January 21, 1960, As Amended, For The Purpose Of Providing Permanent
,,, Financing Of The Cost Of Securing And Developing Industry (The Particular
Industrial Project Is Described In The Ordinance); Authorizing The Execution And
Delivery Of A Trust Indenture Securing The Bonds; Authorizing And Prescribing
Other Matters Pertaining To The Industrial Project, The Constructing Thereof And
The Financing Thereof; And Declaring An emergency", and City Attorney Wallin
read the ordinance in f u11.
Alderman Smith brought to Council's attention local contractors do not have an
opportunity to bid on construction when the bids are waived by the company. The
matter was discussed, and action on passage of the ordinance held in abeyance.
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Alderman Bentley presented complaint as to drainage in the alley adjacznt
to Avalon Barbershop on the south side. The matter was referred to the
Engineering Department. The matter was referred to the Engineering
Department.
Alderman Horton inf ormed the Council ~ieymouth COnstructi,~n Company is using water
from the fire plug at the north end of Stuart Street consequently inteaupting
the natural drainage that will require reppir of approximately 150 feet.
Eddie Brawley was requested to contact the company.
the placing of signs at intersections, poles, etc. that are not official signs
was discussed, and regulations as to violations brought to the attention of the
Counci 1.
No further business being presented, the meeting was adjourned.
c.
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ATTE'S
CITY CLE.
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MAYOR
APPROVED: APRIL 20, 3972