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May 17, 1973is MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF TBE CITY OF WEST 1~lEMPHIS, ARRAAtSAS, AEI 0~T THE 17TH DAY OF MAY, 1973. The Council of the City of West Memphis, Arkansas, 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 3rd day of May, 1973. 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 Aldermen: B. G. Smith, R. T. Bentley, Thomas Dickerson, D. M. Grimsley, W. L. Harris, J. E. Hightower, Pritchard Horton, C. D. Hutcherson, Ann Payton, and M. P. Scott;. and City Attorney R. L. Smith. Absent: None. The following proceedings were had to-grit: Motion was made by Alderman Sm3.th, seconded by Alderman Horton: The reading of Minutes of May 3rd Meeting be dispens®d with due to the 3 p.m. funeral. of 0. M. Shulta, Jr., Superintendent of the Weat Mem;lais School District. Upon sofa, the voting was as follows:, Aye: Aldermen: Smith., Bentley, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Peyton, and Scott. No: None. t Alderman Smith reported the Fire Commission had approved purchase of Fire Saw from Gordon B. Holloway & Associates in th® mount of $38l~.00. Also, the Street Committee had approved bid of Warren Brothers Compg~y for the 19?3 Asphalt Program of $128, 886.25 subs act to 25~ - .. _ .. _ : . age . Alderman Scott brought to the Couacilts attention the Fire Saw could have been purchased isl West Memphis, but the information was not available gt the time of purchase. The Council agreed purchases should be made in West Memphis on available items. Alderman Horton reported the Committee studying privilege license will report ester date. Mayor Rodgers requested bids for two overhead doors for the two Fire Stations as per Notice published in the Evening Times on April 27th and May ~.th. The following bids were read by City Attorney Smith: Doors, Inc., Memphis, Tennessee ,. 2 - 2!~' g 12' Windsor Model 800 Heavy Duty Aluminum Doors $2 730.00 Overhead Door Company 2 - 2}~ - 2 g 12 - 0 Heavy Duty Aluminum Overhead Doors 2,602.00 _Motion was made by Alderman Bentley, seconded by Alderman Hutcherson: That the bids be referred to the Fire Cc~amissic>n, and the Coamission be authorized to award the bid. Upon vote, the voting was as follows: Aye: Aldermen: Smith, Bentley, Dickerson, Qrrimsley, Barris, Hightower,. Horton, Hutcherson, Payton, and Scott. No : None . 17 Mr. Hay Stevenson of Crittenden County Video System presented an ordinance requesting the granting of a permit to J. L. Pate and Hay Stevenson dba Crittenden County Video System, To Construct, Operate And Maintain Tele- vision Coaxial Cable Upon, Along, Through, Over And Under Streets, Alleys, Bridges, And Other Public Places Of And In The City Of West Memphis. Mr. Stevenson introduced Mr. J. L. Pate, Mr. Dana Davis of law firm of Skillman, Durrett & Davis, Mr. Doyle Crawford, and Mr. John DeVal.l of Forrest City who discussed with the Council repeal of Ordinance No. 662, passage of proposed ordinance, proposal, specifications, presentation of a financial statement in two weeks, obtaining permission for broadcasts Eros Little rock, $7,200 franchise fee to the City, payment of consultants fee, customer charge of $6.00 a month plus x]..00 for each extra TV and obtaining information from the Cable TV Bureau i.n Washington, D. C. The matter was held 3n abeyance, and Mayor Rodgers appointed a committee of Aldermen B. G. Smith, Chairman; M. P. Scott, and Pritchard Horton to investigate the matter. The resolution pertaining to pension for former Municipal Judge E. J. Rubens was postponed until additional information is received. Mayor Rodgers appointed additional members to the Auditorium Committee as follows: James Bledsoe,-Bob Hobbs, Mrs. Earnestine Clayton, Mrs. Dorothy Browning, and Mrs. Maggie McCormick. The Mayor announced Mr. W. A. Hud~iba8sen's term as a Utility Commissioner had expired. Thereupon, motion was made by Alderman Scott, seconded by Alderman Horton: fir. W. H. Hundhau~sen be reappointed as a member of the Utility Commission. Upon vote, the voting was as follows: A,ye:Aldermen: Smj.th, Bentley, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Payton, and Scott. No: None. An ordinance to accept territory annexed to the City owned by J. C. Rainer, III, { ~ Gwyn Rainer Foote and Nell E. Rainer Levy was presented by Attorney } Ralph Sloan, who requested the emergency clause be enacted due to delay in ~ ~ issaing building permits for the area. After discussion of the area being F ~~' higher than the Pecan Street area, drainage problems, removal of culvert in the area, and consideration of the ordinance with the emergency clause, an ordinance entitled "An Ordinance Accepting Territory Annexed To The City Of West Memphis, Arkansas, And Declaring Aa Emergency" was introduced by Alderman Harris, and the City Attorney read the ordinance in full. Alderman Horton, seconded by Alderman Hightower, 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: Smith, Bentley, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Payton, and Scott. 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 ti~ae by the City Attorney. Alderman Scott, 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 voting was as follows: Aye: Aldermen: Smith, Bentley, Dickerson, Gri.msley, Harris, Hightower, Horton, Hutcherson, Payton, and Scott. No: None. In 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 notion was carried and thy, rule-suspended. The ordinance was then read the third time by the City Attorney. Alderman Payton, 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: Smith, Bentley, Dickerson, Crimsley, Harris, Hightower, Morton, Hutcherson, Payton, and Scott. No : None . Alderman Hutcherson, seconded by Alderman Dickerson, moved that Section 3, the emergency clause, be adopted and on roll call the following voted: ~Ye: .Aldermen: Smith, Bentley, Dickerson, Gr3.msley, Harris, Hightower, Horton, Hutcherson, Payton, and Scott. N©: None. The Mayor thereupon declared the ordinance .and the emergency clause adapted sad signed the ordinance, which was attested by the City Clerk and impressed with the seal of the City. The ordinance was given No. ?75, and read as follows : --. l.~ ,~y - ORDINANCE NO. / AN ORDINANCE ACCEPTING TERRITORY ANNI{iXED TO TIDE CITY OF WEST MEMPHIS, ARKANSAS, AND DECLARING AN ElVlERGENCY WHEREAS, J, C. Rainer, III, Gwyn Rainer Foote and Nell E, Rainer Levy have instituted proceedings in the County Court of Crittenden County, Arkansas, 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 be annexed; and WHEREAS, the County Court of Crittenden County, Arkansas, has entered its order of. April 10, 1973, approving the annexation of such territory as hereinafter described to the City and on the 11th day of May, 1973, 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 herein- ' after described become a part of the City of West Memphis: NOW, THEREFORE, BE IT ORDAINED F3Y THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION T: That the Territory hereinafter described be, and it is, ,..,~ ti4, hereby accepted as a part of the City of West 1V~emphis, Arkansas, to wit: _. is -_ __- --_ --_-_____ m _____, ____ es- . That part of Section 14, Township 6 North, Haeg~ $ n acit limits cribed as follows: Beginning at a point on the g Y of the city of West Memphis, Arkansas, said point being the southeast corner of the NE4 SEA of Section 14, Township1 SEorth, Range 8 East, thence west along the south line of ~~ 1Nthence of Section 14 to the southwest corner of said NE4 ~, south to the southeast corner of the N 2 SW 4 SE 4 of Section 14; thence west along the south line of the N2 SW4 SE4 to the south- west corner of said N2 SWg SEA of Section 14; thence north 40 degrees 30 minutes west to a point on the center line of Ten Mile f Bayou; thence northeasterly along the center line of Ten Mile k Ba ou to the point of intersection with the north line of the SE4 y ~ of Section 14, said point being on the existing city limits line, thence continue along the existing city limits line northeasterly the center line of Ten Mile Bayou to the center line of U, S. along Highway 70; thence east along the center line of '[J. S, ~Iighway 70 to a point 655 feet west of the east line of the NE-~g of Section 14; thence south 510 feet along the existing city limits line; thence east along existing city limits line to the east line of Section 14; thence south along the east line of Section 14 to the point of beginning, containing 182 acres, more or less. SECTION II: That the territory herein dESCribed be, and it is hereby, attached to and incorporated in Ward 2 ~ of the City of West Memphis and shall forthwith be considered and become a part thereof. SECTION III: It is hereby found and determined by the City Council of the City of West Memphis that this ordinance is~ necessary for the preservation of the public peace, health and welfare of the City of West Memphis and the. growth and expansion of the City of West Memphis; 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. Mr. Allen B. Chambers, Attorney of Memphis, Tennessee, retained by Kirby Company presented information from a brief he had prepared on the question of solicitors, and requested the repeal of Ordinance No. 206, or grant waiver to Kirby Company as a local business organization, City Attorney Smith advised the Council he had received information from Mr. W. G. Fleming, Assistant Director of the Arkansas Mun3.cipal League that an ordinance which is enforced et}t~.ly against residents and non-residents prohibiting door to door solicitorn without prior invitation would be valid as no Arkansas or IInited States Supreme Court case to the contrary since 1951. After discussion of the City's intent to enforce Ordinance No. 206, recommendation of the committee composed of Aldermen Horton, Bentley, Scott, and Dickerson an ordinance entitled "An Ordinance Declaring Peddling And Soliciting A Nuisance; Providing A Penalty For The Diolation Whereof; Declaring An emergency; And For Other Purposes was introduced by Alderman Dickerson, and the City Attorney read the ordinance in full. Alderman Hutcherson, seconded by Alderman S'"mith moved that the rule requiring the reading of an ordinance in fu13. c~a 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: Ayes Aldermen: Scott, Smith, Bentley, Dickerson, Grimsley, Hightower, Harris, H,nrton, Hutcherson, and Payton. No: None. 20 Thereupon the Mayor declared. that at least two-thirds of all members of the Council having voted 3.n favor of the motion to suspend the rule, the motion was carried and .the rn~.e suspended. The ordinance was then read the second time by the City attorney. Alderman Payton, seconded by Alderman Ben~,e~ then moved that the rule regtair- ing 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 Doted: Aye: Aldermen: Smith, etley, Dickerson, Griffisley, Harris, Hightower, Horton, Hutc~merson, Payton, and Scott. No: None. The Mayor declared that at least. two-thirds of all members elected to the Council having voted in favor of the notion to suspend the rule, the motion was carried and the rule suspended. The ordix:,aance was then read the third time by the City Attorney. Alderman Scott, seconded by ,Alders~aan-..Hightower, 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: ,Sa~.th, Bentley, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Payton, and Scott. No : None , Alderman Horton, seconded by alderman Barris moved that Section ~., the emergency clause, be adopted, and on roll call the following voted: Aye: Aldermen: Sa~.th, Bentley, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Payton, and Scott. No: None. The Mayor thereupon declared the ordinance and the emergency clause adopted and signed the ordineaa,ce, which was attested by the City Clerk and impressed with the seal of the City. The ordinance was given No. ??6, and read as followss~ ORDINANCE NO. ??6 AI~T ORDINANCE DECKING PEDDLING .AND SOLICITING A NUISANCE; PxO~TIDING A PENALTY FOR THE VIOLATION THEREOF; DECLARIATG AN EM]~C~ENCY; AND FOR OTHER PIIRPOSES BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST PHIS, AREANSAS: Section 1. Peddling and Soliciting Declared aNuisance - ,The practice of going in sad upon. private residences in the City of West Memphis, Arkansas, by solicitors, peddlers.,. hawkers, itinerant merchants, and transient vendors of merchandise, not having been requested or invited so to do by the owner or owners, occupant. or occupants oP said private residences, for the purpose of soliciting orders for the .sale of goods, wares, and merchandise, and/or for the purpose of disposing of .and/or peddling or hawking the same, and/or rendering of service, is hereby declared to be a nuisance, and punishable as sash nuisance as a misdemeanor, except charitable organisations designated as such by Mayor and City Council. Section 2. Suppression of Nuisance -The Chief of Police of the City of West Memphis is hereby required and directed to suppress the same and to abate 8~p such nuisance as is described 3.a the first section of this ordinance. Section 3. Penalty -Any person convicted or perpetrating a nuisance as described and prohibited in the first section of this ordinance, upon conviction thereof shall be gu3.lty of a ~i.sdeffieanor. Section ~.. Emergency Clause. It being determined that there are persons going jn and about and upon the streets of the City of West Memphis and upon private pro- perty, peddling and soliciting items of various kinds, maxim of which are dangerous• that many people have been cheated, wronged, and defrauded of their money and goods by unauthorised solicitors;: that many people are annoyed by solicitors ringing door- bells, docking on doors and disturbing the peace and quietude of many residents of the City of West Memphis at all hours of the day and night; that many solicitors are persistent in their effort to sell; that many complaints have been made to the ~;ity Council of the City of West Hemphis and the Police Force of annoyance by solicitors and that such annoyance exists to such an extent that an emergency is declared to exist, and this ordinance she11 be in full force and effect from and after its passage and approval. 'Ll mayor Rodgers recommended the following appointments to the City Beautiful Commission: Mra. Doris Gardner, Mrs. Burton i~illiams, Mrs. Bernard High, Mrs. J. E. Hightower, Mrs. Ralph ~IcCammon, Mrs. Pat Neely, and Mrs. Mamie Terrell. Motion was made by Alderman Smith, seconded by Alderman Hutcherson: That the appointments to the City Beautiful. Commission be approved. Upon vote, the voting was as follows: Aye: Aldermen: Smith, Bentleg, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Payton, and Scott. No : None . Alderman Horton requested the Mayor be suthori2ed to write the Drainage ' District pertaa.ning t© cleeing the bayou-from East Barton to the Service Road. Motion was made by Alderman Sm3.th, seconded by Alderman Hutcherson: That - the Mayor contact the Drainage District as to cleaning the bayou. Upon vote, the voting was as follows: Aye: Aldermen: Smith, Bentley, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Payton, and Scott. No: None. Ito further business being presented, the meeting was adjourned. j ~1116V ~~p /~ C111 V APPR©VED: JUNE ?, 1973 r~soa ,~~