May 4, 1972
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MINUTES OF A ~GULA r~~iTING OF THE CITY COUNCIL OF THE CITY OF
WEST r1EMPHIS , AktCANSAS , HELD ON TIC 4T~i DAY OF MAY, 19 72 .
~~ • The Council of the City of West rlemphis, in the County of Crittenden,
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, State of Arkansas, met in a regular session in the City Ha11 in said
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City at 1:30 0' clock p .m . on the 4th day of Nlay,
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The meeting was called to order by the rlayor, and the roll being called
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Present: Tilden codgers, Mayor in the chair, and the following named
Aldermen: Thomas Dickerson, D. r1. Grimsley, W. L. Harris,
~~ James E . Hightower, Pritchard Horton, C , D. Hutcherson,
; R. L, Smith, I`<. T. Bentley, and W. K. Dabbs, and
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k City Attorney x. E. ?~~a11in.
Absent : Alderman A:. P. Scott .
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It being determined a quorum was present, the following proceedings were
I . "~~ had to-wit
Minutes of Council Meeting on April 20, 1972, were approved as read.
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~~,;y ntactzd Mr. Pat Johnson Engineer for
Alderman Smith reported had co ~
Utility Commission and Bob Lehr pertaining to rirs . Bobbie Rhcx~s property
,_~ line, and proposed the Council authorize the Mayor to engage a private
~~ engineer, recommended Mr. Sam Cross, to investigate the matter, and
._,, a 'on• also the Cit a for the engineer's services.
present recommend ti Y F y
._ After discussion, motion was made by Alderman Bentley, seconded by
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Alderman Harris: That the riayor employ a private engineer, and his
findings be sent to the street committee. Upon vote, the voting was as
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" Aye: Aldermen: Dickerson, Harris, Hightower, Hutcherson, Smith, Bentley,
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and Dabbs
~` No: A~_dermen: Horton and Grimsley.
The motion carried.
. ~'' '~ The Mayor announced the next order of business would be hearing on rezoning
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. the J. E.~ Lalman property as per notice published in the Evening Times on
'". April 17th; inasmuch as an error had been made by the Planning Firm in not
changing the zoning when rezoned on April 15, 1971. No one appeared to
protest the rezoning. An ordinance entitled "An Ordinance To rezone Certain
Property In The City Of West Memphis, Arkansas, As More Fu11y i7escribed
Herein r rem M-1 To ~iI-I; Declaring An Emergency And For Other Purposes", and
" City Attorney t•~?allin read the ordinance in full.
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Alderman Hutcherson, seconded by Alderman Harris, moved that the rule requiring
} ~.: the reading of an ordinance in full on three different days be suspended and
#V that the ordinance be placed on its second reading. The Mayor put the question
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~ on the adoption of the motion and the roll being called, the following voted:
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Aye: Aldermen Dickerson, Grimsley, Barris, Iightower, Horton, Hutcherson,
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~ Smith, Pentley, and Dabbs .
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_ No : 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
" rule sus ended. The ordinance was then read the second-
was carried and the p
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time by the City Attorney.
Alderman Bentley, 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
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Mayor put the question on the adoption of the motion and the roll being called
~;, the following voted:
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" Aye: Aldermen: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson,
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and Dabbs .
Smith, Bentley,
No : None .
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The AFayor 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 t'ne rule suspended. The ordinance was then read
. the third time by the City Attorney.
Alderman Horton, 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: Dickerson, Grimsley, Harris, Hightower, Horton,
Hutcherson, S~ith, Bentley, and Dabbs .
No : None .
Alderman ~Iightower, seconded by Alderman Dabbs, moved that Section 2,
the emergency cause be adopted, and on roll call the following voted:
Aye: Aldermen: Dicl~erson, Grimsley, Harris, Hightower, Horton,
Hutcherson, Smith, Bentley, and Dabbs.
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. 72b. The ordinance
read as follows:
ORDINANCE N0. 726
AIV O~ZDINAiVCE TO I:EZONE CEO@TAIN PROPERTY IN TIIE CITY OF WEST MEMPHIS, A~SAS,
AS r10RE FULLY DESCRIBED HE~~II~d F:~'.OM M-1 TO ~tMH; DECLAIIING AN EMEI~GIv'CY AND FU~t
0TH,. K PUF.POS E S .
av~3EP~,AS, Notice was duly published on April 17, 1972, as provided by law, of
a hearing to be held before the West Memphis City Council at 1:30 P.M. on
May 4, 1972, for the purpose of hearing any interested parties in connection
with the rezoning of said lands; and,
L.~ REAS, At said meeting on May 4, 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 fully considered said rezoning; and,
WHE'~,AS, the City Council of the City of ~?est 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.
NOtI, THEREFOP-~, BE IT ORDAINED BY THE CITY COUNCIL OF TH% CITY OF WEST MF,rIPHIS,
AF~'.ANS AS
Section 1. That the following described property, to-wit:
Lot 20 lying in the North Half (N 2) of Section 24,
Township Six North (T6N), Range Eight East (R8L'),
and further described as being Lot 20 according to
Bond's Survey on May 23, 1940, of irregular lots
recorded in Plat Boo's 1, pages 106 and 107 in the
Uffice of the Circuit Court Clerk and Ex-Officio
Recorder for Crittenden County, Arkansas,
be and the same is hereby rezoned RMH, rtesidential Mobile Home District.
Section 2. It is hereby ascertained and declared to be a f act that 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 health, safety and welfare of the City of West rlemphis, and
in the interest of the orderly growth, development and expansion of said City,
therefore 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 provided
by law.
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Replat of Hulbert Heights Subdivision being a Tzeplat of Lots 1 thru 11,
Block 1 and Lots 1 thru 11, Bloc'. 2 of Hulbert He CircuituCourtsClerks~
itiecorded In Plat Book 2, Page 354, Offa.ce Of The
Ex-Officio lecorder Of Crittenden County, Arkansas, rec,r,~;~ended for
approval by the Planning Commission was presenmodionawasrmadecbysAlderman
of appartments to be built by Mr. Don Sutler,
Smith, seconded by Alderman Dabbs: That r~eplat of Hulbert Heights
Subdivision be approved. Upon vote, the voting was as follows:
Aye; Aldermen: Dickerson, Grimsley, Barris, Hightower, Horton, Hutcherson,
Smith, Bentley, and Dabbs.
No : None .
Mayor ~todgers informed the Council recertification of the Workable Program
is being delayed due to a requirement of I-iUD pertaining WasOmadeabCeAlderman~
and the matter was not on the 'Tentative Agenda. Motion Y
Bentley, seconded by r"alderman Grimsley: That the rule be waived and the matter
considered. Upon vote, the voting was as follows:
Aye: Aldermen: Dic~.erson, Grimsley, ?~arris, Hightower, Horton, Hutcherson,
Smith, Bentley, and Dabbs.
?`Io: None .
'Thereupon an ordinance entitled "An Ordinance To Amend Ordinance No. 725 Of The
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City Of West Memphis, Arkansas; Declaring An Emergency
was introduced by Alderman Dabbs, and City Attorney Wallin read the ordinance in
full .
Alderman Iightower, 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: Dic'~erson, Grimsley, Harris, Hightower, Horton, Hutcherson,
Smith, Bentley, and Dabbs.
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F_ No : None .
`- ~" - Thereupon the ~•iayor 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.
seconded by Alderman Dickerson then moved that the rule requiring
'alderman Horton
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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: Dic'~cerson, Grimsley, Harris, Hightower, Horton, Hutcherson,
Smith, Bentley, and Dabbs.
No : None .
e' _ 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
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- the City Attorney.
~s• Alderman Bentley, seconded by Alderman Harris, moved that
dathe rolldbeing.
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an
motion
The question was put by the ~Zayor on the adoption of the
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called, the following voted:
Aye: Aldermen: Dickerson, Jrimsley, Harris, Hightower, Izorton, Hutcherson,
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r- Smith, Bentley, and Dabbs.
No: None.
Alderman Hutcherson, seconded by Alderman Smith, moved that Section 2, the
emergency clause be adopted, and on roll call the following; voted:
Aye: t~ldermen: Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson,
Smith, Bentley, and Dabbs.
N o : N one .
The ~~ayor thereupon declared the ordinance and the emergency clause adopted and
signed the ordinance, which was attested by the City Cler~~ and impressed with
the seal of the City . The ordinance Baas given No . 727 .
The ordinance read as follows:
Oi~IDINANCE TVU . 72 7
AN OttDINANCE TO AMEND U" INANCE NU. 725 OF THE CITY OF WEST MEMPHIS,
AKY.ANStiS; llECLARING AN ~,A~.;~:GENCY ATdD FUR OTHER PUa~POSES .
BB I T O.~DA I~~E D BY THE CITY COUNCIL OF TJiE' CITY OF Gv:." S T "M PH IS , A11KAi"~ S AS :
Section 1. Ordinance No. 725 of the City of West Memphis, Arkansas, is
hereby amended to read as follows:
section 1. It shall be unlawful to install galvanized water piping
underground up to and including two inch (2") pipe.
Section 2. The City Building Inspector shall be charged with the
responsibility of enforcing this Urdinance.
Section 3. It shall be unlawful for any person, corporation, partnership,
firm, association or other entity to violate any provisions of this ordinance,
and upon conviction thereof, a fine of not to exceed $25.OU may be assessed
for each violation of said ordinance, or double that sum for each repitition
for such violation. If a thin; prohibited or rendered unlawful, is in its
nature continuous in respect to time, the fine or penalty for allowing the
continuance thereof, in violation of this ordinance, shall not exceed $15.00
for each day that the same may be unlawfully continued.
Section 4. Portions of any ordinances adopted in conflict herewith are
hereby repealed."
Section 2. It being determined by the City Council of the City of ~~est rTemphis
that the soil conditions within the City of West Memphis require uniform
regulations and restrictions on the use of certain types of underground piping
within said City in the interest of the health, safety and welfare of the
inhabitants of said City, 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.
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Mr. Don Boll presented requested to operate two ton trucl~ on residential
streets selling items from the truck. The matter was taken under consideration,
and the Mayor appointed a committee of Aldermen Grimsley, Chairman, and
Aldermen Horton and Hutcherson to present recommendation to the Council.
Mayor kodgers informed the Council J)r . M. U. Deneke, Library Board member, had
advised additional library space is needed, and consideration should be given
to an addition or construction of new library.
Alderman Harris brought to the Council's attention a fence should be constructed
on the north side of the park on the south side of Polk Street.
Alderman Bentley reported citizens are interfering with the Fire Department
at fire, and Alderman Horton inquired as to penalties for false fire alarms .
City Attorney Wallin stated would check State Statutes on the matters.
The Mayor advised State Statute designate the Vice-Mayor's term of office as
two years upon question by Alderman Grimsley.
No further business being presented, the meeting was adjourned.
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APPJOV~"D: Nlay 18, 1972