October 19, 197254
MINUTES OF A RECTULI~R HEFTING OF THE CITY COUNCIL OF THE
CITY OF U'EST MEMPHIS, ARKnNSAS, HELD ON THE 19TH DAY OF
OCTOBER, 1972•
The Council of the City of ~r?est 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 19th
day of October, 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 Pldermen: J. F. Hightower, Pritchard Horton,
C. D. Hutcherson, M. P. Scott, B. Cx. Smith, R. T. Bentley,
U1. R. Pabbs, Thomas Dickerson, D. M. C~rimsley, and UT. L. Harris;
and City attorney R. L. Smith
' .Absent: None.
The following proceedings were had to-wit:
Minutes of Council Meeting on October 19, 1972, were approved
as read.
.Alderman Dickerson reported the Street and Sanitation Committees
had met, and awarded the bid for two trucks to Chalmers Buick
the low bidder.
alderman Bentley announced the Fire Department's new pumper had
been delivered, and the men will be trained to operate in
approximately 15 days.
Mayor Rodgers brought to the Council's attention the Park
Commission's desire to file an application for Grant to acquire
and develope a park between N. 9th, N. 10th, Perkins, and
Richardson Streets. Inasmuch as the application must be filed
by October 28th, the matter should be considered at this time.
Motion was made by alderman Smith, seconded by Alderman
Dickerson: That waive the rule and the Resolution be presented.
upon vote, the voting was as follows:
Aye: Aldermen: Hightower, Horton, Hutcherson, Scott, Smith,
Bentley, Dabbs, Dickerson, Grimsley, and Harris.
No: None.
City ~!ttorney Smith read the Resolution. Mr. Lee Cramer of the
Park Commission stated there is no park in the area, and the
proposed park is in conformity with Urban Renewal Plans for the
area. After discussion, motion was made by alderman Scott,
seconded by alderman Smith: That the Resolution as read be
adopted. tTpon vote, the voting was as follows:
eye: Aldermen: Hightower, Horton, Hutcherson, Scott, Smith,
Bentley, Dabbs, Dickerson, CTrimsley, and Harris.
No: None.
The Resolution read as follows:
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RESOLUTION N0. 1/ ~~
RESOLUTION OF CITY COUNCIL OF CITY OF WEST
MEMPHIS, ARKANSAS AUTHORIZING FILING OF
APPLICATION FOR GRANT TO ACQUIRE AND DEVELOP
OPEN-SPACE LAND.
WHEREAS, Title VII of the Housing Act of 1961, as amended, provides for the
making of grants by the Secretary of Housing and Urban Development to states and
local public bodies to assist them in the acquisition and development of permanent
interest in land for open space uses where such assistance is needed for carrying
out a unified or officially coordinated program for the provision and development
of open-space land as part of the comprehensively planned development of the urban
area;- and
WHEREAS the City of ~1es t Memphis , Arkansas ( herei n sometimes referred to as
"Applicant" ) desires to acquire fee si mpl e i nterest i n and develop active recrea-
tional improvements on a certain land area known as the Tenth Street Park, a tract
of 1 and of 2.066 acres , more or 1 ess , 1 ocated between North Ninth Street and Tenth
Street and between Perkins and Richardson Streets in the City of West Memphis, which
land is to be held in use for permanent open-space land for outdoor general use,
active play equipment, basketball goals, water fountains, and accessory facilities;
and
WHEREAS Title VI of the Civil Rights Act of 1964 and the regulations of the
DeE~artment of Housing and Urban Development effectuating that Title, provide that
no person shall be discriminated against because of race, color, or national orgin
in~.the use of the land acquired and/or developed; and
WHEREAS it is recognized that the contract for federal grant will impose
certain obligations and responsibilities upon the Applicant and will require, among
other things, (1) assurances that families and individuals displaced as a result
of the Open Space Land Project are offered decent, safe, and sanitary. housing, (2)
,~
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compliance with Federal labor standards, and (3) compliance with Federal requir~r~ents
r•c~latinq to equal employment opportunity; and
WHEREAS it is estimated that the cost of acquiring said fee. simple interest
will be $18,000.00; and
WHEREAS it is estimated that the cost of development of said land will be
$4,000.00; and
~~
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WHEREAS there are no costs attendant to ciemol i tion cat s tr•t c:tur•c~~, ~r-r~l/ur 1.1-~'
n of site occupants, inasmuch as the land to be acquired is vacant land: ~`
relocat~o
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS
1. That an application be made to the Department of Housing and Urban
Development for a grant i n an amount authorized by Title VI I of the Housing Act of
1961, as amended, which amount is presently estimated to be $11,000.00, and that the
Applicant wi 11 pay the balance of the cost from other funds avai 1 abl e to i t. ___,~
,vim
2. That the Mayor is hereby authorized and directed to execute and to file
such Application with the Department of Housing and Urban Development, to provide
additional information, and to furnish such documents as may be required by said
Department, to execute such contracts as are. required by said Department, .and to act
as the authorized correspondent of the Applicant.
3. That the proposed acquisition and development is in accordance with plans
for the allocation of land for open space uses, and that, should said grant be made,
the Applicant will acquire, develop, and retain said land .for the uses designated in
. ,.
said Application and approved by the Department of Housing ,;and Urban--.Development.
4. That the United States of America and the Secretary of Housing and Urban
Development be, and they hereby are, assured of ful 1 compl1i ance by the Applicant wi th~
regulations of the Department of Housing and Urban Development effectuating Title VI
of the Ci vi 1 Ri ghts Act of 1964.
5. That the United States of America and the Secretary of Housing and Urban
Development by, and they hereby are, assured of ful l compliance by the Applicant with
the Federal Labor Standards imposed under Title VII of the Housing Act of 1961, as
amended.
City -Attorney smith informed the Council progress is being made
in codification of ordinances, and as suggested by Book Publishing
Company two ordinance have been prepared for consideration. Motion
was made by Alderman Scott, seconded by _~lderman Hutcherson: That
the rule be waived and the two ordinances be considered. Upon
vote, the voting was as follows:
.Aye: Aldermen: Hightower, Horton, Hutcherson, ecott, Smith,
Bentley, Pabbs, Plckerson, Grimsley, and Harris.
No : None .
~!lderman Grimsley introduced an ordinance entitled "An Ordinance
Of The City Of lr'est Memphis, .Arkansas Providing For The
Definitions Applicable Generally To Ordinances Of The City Of
Urest Memphis, end Providing For Rules Of Construction For The City
Of ~~est Memphis, Arkansas", and the City Attorney read the ordinance
in full.
.alderman Horton, seconded by Alderman Harris 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:
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.Aye: aldermen; Hightower, Horton, Hutcherson, ccott, Smith,
Bentley, Dabbs, Dickerson Grimsley, and
Harris. '
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 ~'ttorney.
Alderman Hightower, seconded by ~'lderman 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:
pye: Aldermen; Hightower, Horton, Hutcherson, ccott, Smith,
Bentley, Dabbs, Dickerson, Grimsley, and
Harris .
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.
^lderman Scott, seconded by Alderman Smith, 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; Hightower, Horton, Hutcherson, Scott, Smith,
Bentley, Dabbs, P.,ickerson, Grimsley, and
Harris.
No: None.
Alderman Hutcherson, seconded by Alderman Dickerson, moved
that Section 3, the emergency clause, be adopted and on
roll call the following voted:
Aye; ~'ldermen: Hightower, Horton, Hutcherson, Scott, Smith,
Bentley, Dabbs, Dickerson, Grimsley, and
Harris .
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. ?38, The ordinance read as follows:
ORDINANCE N0. ?38
AN ORDINANCE OF THE CITY OF' Tn?EST MEMPHIS, ARKANSAS, PROVIDING
FOR THE DFFINI TI ONS A PPLI C A BLE GENERALLY TO ORDINANCES OF THE
CITY OF ~~EST MFMPHI S , QND PROVIDING FOR RULES OF CONSTRUCTION
FOR THE CITY OF UTEST MEMPHIS, ARKANSAS.
BE IT HEREBY ORDAINED BY THE CITY COUNCI L OF THE CITY OF
UTES T MEMPHIS , A RKA NS A S :
Section 1. Definitions: The following words and phrases
whenever used in the ordinances of.the City of UTest Memphis,
rrkansas shall be construed as defined in this section unless
different meaning is specifically defined and more particularly
directed to the use of such words or phrases:
5B•
(1) "City" means the City of U~Test Memphis, ~ rka.nsas or a~•~the
area within the territorial limits of the City of Tn.Test Memphis,
Arkansas and. such territory eutsid_e of the city over which the
city has jurisdiction or control by virtue of any constitutional
or statutory provision.
(2) "Council" means the city council of the City of Utest Memphis,
Arkansas. ".All its members" or "all councilmen" mean the total
number of councilmen provided by the general laws of the Mate of
Arkansas, and ordinances of the City of ~n~est Memphis, Arkansas.
(3) "County" means the county of Crittenden, Arkansas.
(!~) "Law" denotes applicable federal law, the constitution and
statutes of the Mate of Arkansas, the ordinances of the City
of tnTest Memphis, and when appropriate, any and all rules and
regulations which. may be promulgated thereunder.
(5} "May" is permissive.
(6) "Must" and "shall." Each is mandatory.
(7) "Oath" includes affirmation.
(8) "Office." The use of the title of any officers, employee, or
any office, or ordinance shall mean such officer, employee, office,
or ordinance of Nest Memphis unless otherwise specifically
designated.
(9) "Ordinance" means a law of the city; provided that a temporary
special law, administrative action, order or directive, may be in
the form of a resolution.
(14) "Person" means natural person, joint venture, joint stock
company, partnership, association, club, company, corporation,
business, trust, organization., or the manager, lessee, agent,
servant, officer or employee of any of them.
(ll ) "Mate" means the Mate of ~ rkansas .
(12) "Street" includes all. streets, highways, avenues, lanes, alley,
courts, places, squares, curbs, or other public ways in this city
which have been or may hereafter be dedicated and open to public
use, or such other public property so designated in any law of this
state.
(13) "U~ritten" includes printed, typewritten, mimeographed or
multigraphed.
Section ~. Grammatical interpretation. The following grammatical
rules shall apply in the ordinances of the City of UTest Memphis,
Arkansas:
(1) Gender. nny gender includes the other genders.
(2) Singular and plural. The singular number includes the plural
and the plural includes the singular.
{3) Tenses. U?ords used in the present tense include the past and
the future tenses and vice versa.
(~.) Use of words and phrases. U'ords and. phrases not specifically
defined shall be construed according ~o the context and approved
usage of the language.
59
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Section 3. Prohibited acts include causing, permitting,
etc . 1rTh.enever in this code any act or omission is made
unlawful, it shall include causing, allowing, permitting,
aiding, abetting, suffering, or concealing the fact of such
P.ct or omission.
Section ~.. Construction. The provisions of this code and
all proceedings under it are to be construed with a view to
effect its object and to promote justice.
Section 5. Emergency Clause. It being found and determined
by the City Council of U'est Memphis, .Arkansas, that updating
of the city ordinances for codification purposes is immedi-
ately needed, 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 Dabbs introduced an ordinance entitled "an Ordinance
Granting ~! Fight Of Entry To .Authorized City Officials For The
Inspection Of Buildings and Premises For The Enforcement Of
The Provisions Of The U'est Memphis, Arkansas Ordinances," and .
the City Attorney read the ordinance in full.
Alderman Dickerson, seconded by alderman Hutcherson, 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: Hightower, Horton, Hutcherson, Scott, Smith,
Bentley, Dabbs, Dickerson, Grimsley, and
Harris.
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 Smith, seconded by alderman Scott 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: Hightower, Horton, Hutcherson, Scott, Smith,
Bentley, Dabbs, Dickerson, Grimsley, and
Harris.
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 Hightower, moved
that the ordinance be adopted. The question wa.s put by
the Mayor on the adoption of the motion and the roll being
called, the following voted: -
Aye: aldermen: Hightower, Horton, Hutcherson, ccott, Smith,
Bentley, Dabbs, Dickerson, Grimsley, and
Harris.
No: None.
so
Alderman Harris, seconded by Alderman Horton, moved that
Section 4, the emergency clause, be adopted and on roll call
the following voted;
.Aye: Aldermen: Hightower, Horton, Hutcherson, Scott, Smith,
Bentley, Dabbs, Dickerson, C~rimsley, and
Harris.
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. 739.
ORDINANCE NO. 739
AN ORDINANCE GRANTING? ~ RIGHT OF ENTRY TO AUTHORIZED CITY
OFFICIALS FOP THE INSPECTION OF BUILDINGS AND PREMISES FOR
THE ENFORCEMENT OF THE PROVISIONS OF THE ~^'EST M~F;MPHIS,
ARKANSAS ORDINANCES.
BE I T ORDAINED BY THE CITY COUNCI L OF THE CITY OF ~r.F'ST ME,NIPHI S ,
A~RKANSA S
Section 1. Tn'henever necessary to make an inspection to
enforce any ordinance, or whenever there is reasonable cause
to believe that there exists an ordinance violation in any
building or upon any premises within the jurisdiction of the
City, any authorized official of the City of Utest Memphis may,
upon presentation of proper credentials, enter such building
or premises at all reasonable times to inspect the same or to
perform any duty imposed upon him by ordinance; Provided that
except in emergency situations he shall first give the owner
and/or occupant, if they can be located after reasonable effort,
five (5) days written notice of the authorized official's inten-
tion to inspect. In the event the owner and/or occupant
refuses entry the official is hereby empowered to seek assistance
from any court of competent jurisdiction in obtaining such entry.
Section 2. All other ordinance sections whicY~. grant any official
of this city any right of entry are hereby repealed.
Section 3. This ordinance shall be published and become effective
as provided by law.
Section ~.. It being found and determined by the City Council of
U~est Memphis, .Arkansas, that updating of the city ordinances for
codification purposes is immediately needed, an emergency is
hereby declared to exist and this ordinance shall be in full farce
and effect from and after its passage and approval as required by
law .
Mr. Bill Harbert spokesman for approximately l5 residents of
the S. 21st Street area presented the fallowing Petition:
PE7'I TI ON
On this the lgth day of October, 19?2, UTe, the undersigned
residents and/or property owners of tTrban Renewal .Agency Area
~5, respectfully request this Council far relief in effecting
the replacement of the creosote post, welded wire fence just
erected at 241 ~. 21st street, which is at the corner of Polk
and 21st, southwest side; and
~n~hereas, the City of U'est Memphis Engineer's Department has
denied us any relief on the grounds they have jurisdiction
only as to set back regulations, and;
sx
U'hereas, the Urban Renewal Agency, who is making a
grant to the purchaser, a Mr. John Murray, denies
jurisdiction on grounds that there is nothing the
Urban Renewal agency can do about the kind of fence
a person may erect;
Therefore, the undersigned have no other place to appeal
than to this Council.
~'e, therefore, request that this Council rule that no
fence shall be so constructed as to detract from the
general appearance of the neighborhood; that the fence
in question is definitely not in keeping with the
neighborhood fencing, and that we the undersigned
request that the present fence be removed and that a fence
comparable to those in the neighborhood be installed.
Velma Harbert 20~. S. 21st
T. P. Aaron 123 S. 21st
Mabel .Aaron 123 S. 21st
Bessie Boyd 132 S. 21st
John :Q. Covin~n 212 S. 21st
Mary P. Covington 212 S. 21st
~Qndrea K. Covington 212 S. 21st
P. C. tr'ann 213 c. 21st
Mildred ~nTann 213 S. 21st
Mary nustin 217 S. 21st
George .Austin 217 S . 21s t
Van Bogdon 225 S. 21st
Mrs. Van Bogdon 225 S. 21st
Paul Pratt 208 S. 21st
Joyce Pratt 208 S. 21st
Mrs . M . UTe lch 22~. S . 21s t
Elizabeth L. U'hite 312 S. 21st
Mrs . S . ~~T. pwens 316 ~ . 21s t
Ctene Lewis X20 S . 21st
~nily Kelley 323 S. 21st
Mrs. Tula Montgomery 325 S. 21st
Leroy Montgomery 325 S. 21st
C . L . Pa lph 316 ~.. 18th
Bi 11 Harbert 20l~ S . 21st
C . E. Briggs 30l~ S . 21st
Mrs . C . F. Briggs 301 S . 21st
after discussion of C~.y regulations as to heights and set-backs
for fences, no restrictions as to type of material for construction
of fences, sub-standard fence degrading neighborhood, Urban
Renewal Agency agreements, motion was made by Alderman Horton,
seconded by Alderman Grimsley: City Attorney prepare an
ordinance to specify type of material for construction of
fences. Upon vote, the voting was as follows:
Aye: Aldermen: Hightower, Horton, Hutcherson, Scott, Smith,
Bentley, Dabbs, Dickerson, Grimsley, and
Harris.
No: None.
Mayor Rodgers stated he and the City attorney will contact
Urban Renewal agency as to removal of the fence or a
solution of the problem.
s~
Mr. and Mrs. Roy McLain, 250 Garrison appeared pertaining to
storage of a mobile home owned by their daughter at the rear
of their residence. Mr. Bill Cooper of the Inspectorts
office stated he had received complaints concerning trailer
being in violation of city ordinance. Motion was made by
Alderman Horton, seconded by alderman Harris: That Roy McLain
be granted until January 1, 1973, to remove the mobile home.
Upon vote, the voting was as follows:
Aye: Aldermen: Hightower, Horton, Hutcherson, Scott, smith,
Bentley, Dickerson, Grimsley, and Harris
No: None.
t~lderman Dabbs abstained from voting.
Mr. Bill Cooper reported estimates on remodeling plans for
City Hall are under X6,000.00, however, additional space is
needed for court offices and storage for Police Department,
therefore, information is being obtained by Judge Fairley as
to a Federal Cxrant .
Alderman Scott reported the Utility Commission is distributing
cards with information on reading of meters.
Alderman Bentley inquired as to status of program for improvement
of S. Avalon. Mr. Eddie Brawley of Engineerts office stated the
last information received a survey had been made and plans on the
drawing board. .Alderman Bentley requested inquiry on the matter
be sent to the state.
Mayor Rodgers brought to the Cou.ncil~s attention the City laid
six miles of asphalt on streets this year. Alderman Scott
commented on complaints received as to condition of Pearce Street.
Alderman Hightower commented on dumping of garbage, etc. in the
streets. Enforcement of the Anti-litter ordinance was discussed.
Alderman Scott complained about heavy trucks on streets, and
requested the City Attorney research the matter.
The problem of parking vehicles in the street at night was
presented by Alderman Hightower, who was advised ordinance
prohibits parking after midnight in a residential area.
Alderman Harris inquired as to X15.00 costs deposit for issuing
U~arrants of P, ryes t .
Alderman Horton requested status of anti-noise ordinance, City
Attorney ~nith suggested the Council consider the matter at l PM,
November 2nd in order to expedite obtaining data for preparation
of the ordinance.
Mayor Rodgers proposed funds from Revenue Sharing be utilized in
purchasing an additional Police Car which would require four
additional policemen and cost approximately X33,000.00. The
matter was taken under consideration.
Alderman Grimsley commented on air pollution from Temple Gypsum,
and efforts being made to control.
No further business being presented, the meeting was adjourned.
A ~
CITY C _,RK
APPROVED; NOVEMBER 2, 1972
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