August 1, 1974
MINUTES OF COUNCIL MEETING OF THE CITY OF WEST MEMPHIS, ARKANSAS, HAD
AND HELD ON AUGUST 1, 197.
Thee City Council of the City of West Memphis, Arkansas, met in regular
session at its regular meeting place in West Memphis, Arkansas, at
1:30 p.m., on the lst day of August, 197.. The following were present:
Mayor Tilden Rodgers; City Attorney Robert~. Smith, and Ahdernien:
Pritchard Horton, C. D. Hutcherson, Ann Payton., M. P. Scot+, B. G. Smith,
R. T. Bentley, Thomas Dickerson, W. L. Harris, and J. E. Hightower.
Absent: Alderman D. M. Grimsley.
It being determined a quorum was present, the followir._g proceedings were
had to-wit:
Minutes o_f Council Meeting on July 18, 19?~., were approved as read.
Alderman. Rent, ey, Chairman of the City Hall Ruild~_ng Committee, announced
the architect is completing plans for a flexible building, and due to rapid
rise in construction costs hope to receive bids in September.
A~_derman pa~rvun introdta.ced her sister ~.nd brother-in-la?•-, "fir. and Mrs.
L. L. DeSierra of Amarillo, Texas, and her niece, Miss Susan DeSierra of Memphis.
Oath of office was administered by City Attorney Smith to Uri~an. Renewal
Commissioner William Lendermon, and Certificate of Appointment was presented
by Mayor Rodgers.
Mr. W. L. Barber, Jr., Chairman of the Urban Renewal Commission, brought to
the Council's attention memo from Manes & Associates, Inc., describing the
reasons for the adoption of a resolution authorizing the Urban Renewal Agency
to construct Seventh Street between Broadway and Jefferson Avenue, a part of
the Neighborhood Development Program, instead of the site improvement project
tc' pave the east-west streets between Thirteenth and Fifteenth Streets .
Mr. Richard Massie of Manes & Associates, Inc., Planning Consultants for the
City summarized. the Planning Commissions deliberations pertaining to the
impact and benefit for improvement of Seventh Street, a minor arterial street.
City Engineer Brawley reported on street projects and plans to expedite for
construction of site improvements on the east-west streets between Thirteenth
and Fif±:eenth Streets. Recommendation of the Engineering Department for the
improvement of Seventh Street was made by the City Engineer, who enwm~+erated
tx~a.ffic co-znt, accidents, pedestrian traffic, homes, businesses, and ch~_~rches
in the 7th and 8th Street areas.
Mr. C. H. Rond, Jr., Engineer for the Urban Renewal Agency, reviewed ?~~ork of
the Agency, and future plans due to additional funds received.
Approximately 65 c?tizens of the Urban Renewal area were present to protest
the shifting of priorities from the improvement of the east-west streets
to Seventh Street by the Agency. Mayor Rodgers announced 30 minutes Taould
be allocated for presentation of views by the audience.
Aldermen Harris and Hightower presented information on the tanf~nshed project
~_n the area, cooperation of the Urban Renewal Agency, anal participation and
recommendations of the Project Advisory Committee (PAC). Others pres~ntngr
objections to the proposed change were: Mrs. Robetta Jackson, PAC member,
Mr. Leo Chitman, President of the West Memphis Council of Organizations,
Mrs . Lillian Hodge, President of the Crittenden CountT,t Chapter of NAACP,
Mr. S. E. Holbrook, Mrs. Willie Mae Rowe, PAC member, Mr. Nathaniel Morris,
Rev. Green, ar~d Mrs. Ora Washington.
During the lengthy discussion Aldermen Scott, Horton, Payton, Dickerson,
and Smith spoke for s.nd against the proposed resolution. Thereupon, City
Attorney Smith read the following resolution:
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RESOLUTION OF CITY COUNCIL AUTHOF~SZII~?G URBAN RENEWAL AGENCY TO CONSTRUCT
SEVENTH STREET.
WHEREAS by virtue of Resolution No. x.87 adopted on May 16, 197., the City
Council authorized the West Memphis Urban Renewal Agency to file with the
Department of Housing and Urban Development an Amendatory Neighborhood
Development Program Application seeking additional funds to carry out urban
renewal activities in the NDP Area and particularly funds for paving a series
of streets between Thirteenth and Fifteenth Streets; and
WHEREAS the West Memphis Urbar: Renewal Agency through negotiation with the
Department of Housing and Urban Development has obtained grant funds in
excess of the amount originally requested in the Application authorized by
Resolution No. x.87, and has now received grants funds in an amount apparently
sufficient to construct Seventh Street from Brc~dway south to Jefferson; and
WHEREAS the Board of Commissioners of the Urban Renewal Agency has indicated
by action at its meeting on June 11, 197 that it desires to use NDP grant
funds received for the construction of Seventh Street rather than the eas+.,-
west stretts between Thirteenth and Fifteenth Streets; and
WHEREAS it is necessary and desirable for the City Council to concur in the
proposed change of priority.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS:
L. That in light of the increased amount of funds available to the Urban
Renewal Agency for the installation of site improvements during the six-month
extension of the current Action Year the Urban Renewal Agency is hereby
authorized to ut.lize available site improvement funds for the construction of
Seventh Street as a I~5 foot wide concrete street meeting City standards between
Broadway and Jefferson Avenue.
2. That this resolution sha7.1 take effect immediately.
Aldermar_ Smith, seconded by Alderman Dickerson, moved that the resolution 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: Hutcherson, Scott, Smith, and Dickerson
No: Aldermen: Horton, Payton, Bentley, Harris, and Hightower.
The Mayor anno~an_ced the motion failed.
Five M~_nute Recess declared
Meeting cared to order, Alderman Dickerson was excused.
Alderman Bentley introduced an ordinance entitled "An Ordinance Requiring
All B?~.ilding Contractors To Post A Bond" and City Attorney Smith read the
ordinance in fill. A1dexT+'~?~ Hutcherson, seco?~ded by Aldermar~ Smith moved
that the first reading be approved. Upon the roll being called, the following
voted:
Aye : Aldermen Horton, Hut^herson, ~ayton, ago tt, 'Sm~_th, Bentley, Harris,
and Hight~~T;~~r.
The Mayor announced the proposed ordinance regulating selection sheets
cor~a.ining an emergency clause had been prepared for consideration.
Alderman Payton explained her view on enactment of ordinances wits.
emergency clauses rather than opposition to the ord~_nance .
Alderman Hutcherson introd~.~.ced an ordi~-ance enti tied: An Ordinance Regulating
Select~_on Sheets Operators, Set~,ing Fees s or Permits, DAclari i-yg An Emergenc~:T,
And for 0~`.~her Pra.rp~ses", and the C ~ t~~ Attorney read the ordinance in full .
Alderman Smith, seconded by Alderrsan Bentley, moved that the rule requiring the
reading of an ordinance in fu1.l. ol~ three different days be suspended. ~.nd that
the ordinance be placed on its second reading. The Mayor put the question c~~
±!~e adoption of the motion and the roll being called, the following voted:
Aye: Aldermen: Horton, Hutcherson, Scott, Smith, Bentley, Harris, ar_d Hightower
I~To : Aldermen : Payton .
whereupon the Mayor declared that at 1_east two-thirds of all members of the
Council having voted 7n favor of the motion to suspend the rule, the motior was
carried and the rule suspended. The ordinance was then read the second time by
the City Attorney.
Alderman Scott, 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:
Ayre: Aldermen: Horton, Hutcherson, Scott, Smith, Bentley, Harris, and Hightower
No: Alderman: Payton
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 Horton, 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, Scott, Smith, Bentley, Harris, and Hightower
No: Alderman: Payton.
Alderr..an Hutcherson, seconded by Alderman Smith, moved that SectIDn 6, the
emergency clause, be adopted, and on roll call the following voted:
Aye: Aldermen: Horton, Hutcherson, Scott, Smith, Bentley, Harris, and Hightower
No: Alderman: Payton
Th.e 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. Tie ordinance was given No. 811, and read as follows:
ORDINANCE 110. 811
AN ORDINANCE REGULATING SECTION SHEETS OPERATORS, SETTING FEES FOR PERMITS,
DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS:
Section 1. Permits. From and after the date of the passage and approval of
this ordinance, no person, firm, or corporation, shall engage in the business
of selling Selection Sheets within the corporate limits of the City of West Memphis,
Arkansas, unless a permit shall first be obtained from the West Memphis City Clerk.
The cost of this permit shall be Five Hundred Dollars ($500.00) per year. The
permit holder shall be permitted to print and distribute only one (1) Selection
Sheet under each permit.
Section 2. Unlawful to sell in public. It shall be unlawful. to sell or f~hawk~r
any Selection Sheets, Tout Sheets, or Tip Sheets in public, and any such offense
will be considered a «public nuisance~~ and punished as provided in Sect~_on 5.
Section 3. Definition. Section Sheets are defined as Tout Sheets, or Tip
Sheets, or any other came which would give information on the outcome of dog
races which are held at the Southland Greyhound Park.
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Section !~. Revocation. The permit authorized b~T this ordinance may be
revoked by the West Memphis City Council if the permit holder or his employees shall
violate any of the provisions of this ordinance, or if the permit holder or
his employees is convicted of P~~blic Dr~?.nTrenness r D.W.I . !Driving While Under
the Influence}, Disturbance of the Peace, or otherwise Disorderly Conduct, or
attempts to publ~_sh and distribute any false or :isleading information concern-
ing his daily selections.
Section 5. Penalty. Any person, firm, or corporation who shall violate
any of the provisions of this ord~ Hance shall be guilty of a misdemeanor
and upon conviction thereof shall be fined in a sum of not less than
Twenty-f~_ve Dollars ($25.00} nor more than Two Hundred Fifty Dollars
($250.00).
Section 6. Emergency Clause . It having been deter;n~_ned by the West Memphis
Ci~,y Council that there s_s no ordinance pertaining to the reg-.~].ation and
fees for permits to sell Selection Sheets, an emergency is hereby delcared
to exist and this ordinance shall be in full force and effect from and after
its passage and approval.
Mayor Rodgers informed the Council of the death of Mr. Glenn G. Zimmerman,
Executive Director of the Arkansas Municipal Leag~~ze, and requested consideration
of a Resolution expressing sympathy. The Resolution was read by City Attorney
Smith. Alderman Smith, seconded by Alderman Hutcherson moved that the Resolution
be adopted. Upon vote, the voting was as follows:
Aye: Aldermen: Horton, Hutcherson, Scott, Smith, Bentley, Harris, Hightower,
and Payton
No : None .
The Resolution read as follows:
RESOLUT?'ON N0. X95
WHEREAS, the West Memphis City Council has been sadden by the recent death
of Mr. Glenn G. Zimmerman, and
WHEREAS, the records end the distirgui.shed accomplishments of
Mr. Glenn G. Zimmerman is well known throughout all municipalities of the
State of Arkansas, and
WHEREAS, Mr. Glenn G. Zimmerman on many occasions has rendered a helping
hand to our City in times of need, and
WHEREAS, the members of the West Memphis Cif Council wish the Mayor to
express our feeling in this matter.
TT~T:RFFORE, BE IT RESOLVED, tha+~ West Memphis City Council of the City of
West Mem~is express our s~nnpathy to the members of his family and pay
respects to his many deeds and accomplishments in behalf of the
municipalities during his lifetime.
In witness whereof I have hereunto set my hand and caused the seal of this
city to be affixed.
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Mayor Rodgers requested permission to advertise for bids for garbage truck
chassis, body, and 100 refuse containers to be placed at schools, department
stores, restaurants, etc. After cL~.scussion, motion by Alderman S~rith, seconded
by Alderman Bentley: T_he Mayor be authori zed to advertise for bids as requested.
Upon vote, the voting was as follows:
Aye: Aldermen: Horton, Hutcherson, Scott, Smith, Bentley, Harris, Hightower,
and Payton
No : None .
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The Mayor commented on need for a trash truck, thereupon, mbotion was made by
Alderman Scott, seconded by Alderman Hutcherson: That the Mayor be authorized
to advertise for bids for trash truck. Upon vote, the voting was as follows:
A,ye: Aldermen: Horton, Hutcherson, Scott, Smith, Bentley, Harris, H~_ghtower,
and Payton.
No : None .
Mayor Rodgers requested the Aldermen to inspect the L. R. Jackson Community
Center since painted, and std~.~. one air conditioner is not operating at this
t_me. completion of the tennis courts in Westwood Acres is contemplated for
next week.
Mrs. Sammie Eaves and Mrs. Margaret Hickey, representing the City Beautiful
Commission outlined plans and presented exhibits for a long range project to
beautify Broadway. Permission was requested for a pilot project of ~~~f~ation
to be selected bar the City Beautiful Commission. A~'ter discussion,/A~dermar. Scott,
seconded by Alderman Smith: That grant permission for a pilot project by the
City Beautiful Cor~~ission with maximum expenditure of $300.00. Upon vote, the
voting was as follows:
Aye : Aldermen: Horton, H.~tcherron, Scott; Smith, Bentle~,r, Harris, Hi~-ht~wer,
and Payton .
No : None .
Alderman Horton requested when plans are made for the Christmas Parade consideration
be given to begin at Ingram Boulevard and Broadwa~r.
Mayor Rod~~rs stated in process of drafting ordinance _f~r reg3la+,in~; billboa-~ds.
Cleaning triange at N. Missouri and N. Service was brought to Council's attention.
Alderman Scott inquired as to progress on commencing work on Rich Road, and
stripping of_ Shoppingway; and City Frgineer Brawley stated work would begin
within weAk.
Alderman Norton reques'-.ed consideration be given the changing of payroll periods
to Fr-i.day due to srortage of wor?~ers when said during the week. Mo~':,Rc3dg~rs
adv-'!_se~ the ~iatver !~.ad heen discussQd bit no cra_~.ge can be made d~~ `~o ~s~t~~~
being used in bookkeeping department at this time.
There bQ3_ng no further business, the Council adjourned.
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CITY
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'-~ MAYOR
APPRO`lED : AUGUST 15, 1971