November 7, 1974~~ V
MINUTES OF COUNCIL MEETING OF THE CITY OF WEST MEMPHIS, ARKANSAS, HAD
AND HELD ON NOVEMBER 7, 19?~..
The 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 o'clock p.m., on the 7th day of November, 197.• The following were
present: Mayor Tilden Rodgers; Aldermen: Thomas Dickerson, D. M. Grimsley,
W. L. Harris, Pritchard Horton, C. D. Hutcherson, Ann Payton, M. P. Scott,
B. G. Smith, and R. T. Bentley; and City Attorney R. L. Smith.
Absent: Alderman J. E. Hightower.
It being determined a quorum was present, the following proceedings
were had to-wit:
Minutes of Council Meeting on October 17, 197l~, were approved as read.
Mayor Rodgers announced Mrs. Ethel Pratt had been accepted as a member
of the City Beautiful Commission.
The Mayor introduced Mrs. T. Murray (Joyce) Ferguson, Mayor-elect, and
Mr. Aubrey 0. Holt, position one Ward 3Alderman-elect, and Mr. R. S.
(Bob) Cosgrove, Ward 1position lAlderman-elect.
Alderman Bentley summarized action of the computer selection committee
in reviewing turn-key bids, type of equipment, service contracts,
service available, modification of equipment to update for 15 to 20 years,
pertaining to bids received from Honeywell, IBM, Singer-Frieden Co.,
Burroughs Corp . Bid of Burroughs Corp. i.n amount of $103, 000 including
government discount, trade-in old posting machine, and two year paper
supply was recommended by the Committee. After consideration, Alderman
Bentley, seconded by Alderman Smith moved: That in accordance with the
Committee recommendation Mayor Rodgers be authorized to enter into
contract for computer. Upon vote, the voting was as follows:
Aye: Aldermen: Dickerson, Grimsley, Harris, Horton, Hutcherson,
Scott, Smith, and Bentley.
No : None .
(Alderman Payton was not present during the vote)
Mayor Rodgers expressed appreciation to Alderman Bentley, the committee,
and especially Mr. Al Kruzich.
Attorney J. H. Spears requested consideration of an ordinance accepting
territory annexed to the City Oz~[ed by Guaranty Loan & Real Estate
Company. After discussion, Alderman Grimsley introduced an ordinance
entitled "An Ordinance Accepting Territory Annexed To The City Of
West 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 ari 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: Dickerson, Grimsley, Harris, Horton, Hutcherson,
Scott, Smith, and Bentley.
No: Alderman Payton.
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 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 following voted:
Aye: Aldermen: Dickerson, Grimsley, Harris, Horton, Hutcherson,
Scott, mith, and Bentley.
No: Alderman Payton
The Mayor declared that at least two-thirds of
the Council having voted in favor of the motio
motion was caxried and the rule suspended. The
the third time by the City Attorney.
all members elected to
n to suspend the rule, the
ordinance was then read
Alderman Sanith, seconded by Alderman Hutcherson,n thedadoation ofr fiance
be adopted. The question was put by the Mayor o p
motion and the roll being called, the following voted:
i
Aye: Aldermen: Dickerson, Grimsley, Harris, Horton, Hutcherson, Scott,
Smith, and Bentley.
No: Alderman Payton.
Alderman Dickerson, seconded by Alderman Grimsley moved that Section 3,
the emergency clause, be adopted, and on roll call the following voted:
Aye; Aldermen: Dickerson, Grimsley, Harris, Horton, Hutcherson, Scott,
Smith, and Bentley
No: Alderman: Payton.
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. 818, and read as
follows:
ORDINANCE N0. 818
AN ORDINANCE ACCEPTING TERRITORY ANNEXED TO THE CITY OF WEST MEMPHIS,
ARKANSAS
WHEREAS, Guaranty Loan & Real Estate Co. has 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 ~o 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 October 7, 1971, approving the annexation of such territory as
hereinafter described to the City and on the 7th day of November, 1971,
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,
ARKKANSAS
SECTION 1: That the Territory hereinafter described be, and it is, hereby
accepted as a part of the City of West Memphis, Arkansas, to wit:
The East 175 feet of the North 1751.l~ feet of the SW~
of Section 11, Townshp 6 North, Range 8 East.
SECTION II: That the territory herein described be, and it is hereby,
attached to and incorporated in Ward One 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 $is 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.
" ~ 2
Mayor Rodgers informed the Council the Commissioners of Curb and Gutter
Improvement District No. 1 and Street Improvement District No. 2 had
ascertained the levy of a tax against the assemsment of benefits as to
Lots and Parcels could be terminated and ordinances had been prepared
for consideration.
Alderman Dickerson introduced an ordinance entitled: ~'An Ordinance
Terminating The Levying Of A Tax Against The Assessment Of Benefits As
To Lots And Parcels In Curb And Gutter Improvement District No. 1 Of
West Memphis, Arkansas, Declaring An Emergency, And For Other Purposes"
and the City Attorney read the ordinance in full.
Alderman Hutcherson, seconded by Alderman Smith, 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: Dickerson, Grimsley, Harris, Horton, Hutcherson, Scott, Smith,
and Bentley
No : None .
(Alderman Payton not present)
Thereupon the Mayor declared that at least two-thirds of a]1 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 Bentley, 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: Dickerson, Grimsley, Harris, Horton, Hutcherson, Scott, Smith,
and Bentley
No: None.
(Alderman Payton not present)
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 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:
t~ye: Aldermen: Dickerson, Grimsley, Harris, Horton, Hutcherson, Scott, Smith,
and Bentley
No : None .
(Alderman Payton not present)
Alderman Grimsley, seconded by Alderman Dickerson, moved that Section 3, the
emergency clause be adopted, and on roll call the following voted;
Aye: Aldermen: Dickerson, Grimsley, Harris, Horton, Hutcherson, Scott, Smith,
and Bentley
No : None .
(Alderman Payton not present}
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. 819, and read as follows:
~~
~~ 3
ORDINANCE N0.
AN ORDINANCE TERMINATING THE LEVYING
OF A TAX AGAINST THE ASSESSMENT OF
BENEFITS AS TO LOTS AND PARCELS IN
CURB AND GUTTER IMPROVEMENT DISTRICT N0. 1
OF WEST MEMPHIS, ARKANSAS, DECLARING AN
EMERGENCY, AND FOR OTHER PURPOSES
WHEREAS, on June 18, 1956, Ordinance No. 326 was
adopted by the City Council of the City of West Memphis,
Arkansas, confirming the assessment of benefits as to the
several lot s and p arc el s of real property in Curb and
Gutter Improvement District No. 1 of West Memphis, Arkansas,
and levying a tax of 2-1/2% against the assessment of benefits
as to each of said lots and parcels to be collected by the
County--Collector with the first installment of general taxes
becoming due in 1957, and annually thereafter with the
first installment of general taxes until the whole of said
local assessment shall be paid; and
WHEREAS, -the tax aforesaid eras levied for the purpose
of p aying the estimated cost of the construction of a certain
improvement within the .confines of the District estimated
to be in the amount of $x-03, 778; and
WHEREAS, bonds were issued and the p roceeds of same
were used for the purpose of the construction of said mprove-
ment lying within the confines of the District, and the
District now has on hand sufficient monies to pay the bonds
outstanding as well as the interest thereon;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF WEST MEMPHIS, ARKANSAS:
SECTION 1. That the tax of 2-1/20 levied against
the assessment off' benefits as to each of the lots and parcels
in said District for the construction of the improvement lying
1.
~"
within the confines of the District is hereby terminated and
no further tax will be collected by the Collector of Crittenden
County, Arkansas, after the collection of the taxes collected
with the general taxes due and payable in 197-.
SECTION 2. All ordinances or parts of ordinances in
conflict herewith are hereby repealed to the extent of such
conflict,
SECTION 3. Emergency Clause. It being found and
determined by the City Council of the City of West Memphis,
Arkansas .that there is immediate need to relieve and allevl_ate
the financial burden of the taxpayers of Curb and Gutter
Improvement District No. 1, in West Memphis, Arkansas, 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 full force and effect
immediately upon and after its passageand approval.
~.
Alderman Scott introduced. an ordinance .entitled.: "An Ordinance Terminating
The Levying Of A Tax Against The Assessment Of Benefits As To Lots And
Parcels In Street Improvement District No. 2 Of West Memphis, Arkansas,
Declaring An Emergency, And For Other Purposes", and the City Attorney read
the ordinance in full.-
Alderman Harris, 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: Dickerson, Grimsley, Harris, Horton, Hutcherson, Scott,
Smith, and Bentley
No: None.
.(Alderman Paytonnot present)
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 Grimsley, 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: Dickerson, Grimsley, Harris, Horton, Hutcherson, Scott,
Smith, and .Bentley
No: None.
(Alderman Payton not present) .
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 Smith, seconded by Alderman Hutcherson, moved that the ordinance
be adapted. The question was put by the Mayor on the adoption of the motion
and the roll being called, the following voted:
Aye: Aldermen: Iickerson, Grimsley, Harris, Horton, Hutcherson, Scott,
Smith, and Bentley
No: None.
(Alderman Payton not present}
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. c~e~axa.:.cke~'s~+n~~~asce~.e~d~~
Alderman Hutcherson moved that Section 3, the emergency clause, be adopted,
and on roll call the following voted:
Aye: Aldermen: Dickerson, Grimsley, Harris, Horton, Hutcherson, Scott,
Smith, and Bentley
No : None .
(Alderman Payton not present}
The Mayor thereupon declared the ordinance and the emergency clause adopted
', and signed the ordinance, which was attested by the City Clerk and ~.mpressed
!~ with the seal of the City. The ordinance was given No. 820. The ordinance
read as follows:
ORDINANCE N0. 820
AN ORDINANCE TERMINATING THE LEVYING OF A TAX AGAINST THE ASSESSMENT OF
BENEFITS AS TO LOTS AND PARCELS IN STREET IMPRAVEI~IENT DISTRICT NO. 2 OF
'', WEST MEMPHIS, ARKANSAS, DECLARING AN EMERGENCY, AND FOR OTHER PURP08SS
WHEREAS, on June 18, 1956, Ordinance No. 327 was adopted by the City
Council of the City of West Memphis, Arkansas, confirming the assessment of
~' benefits as to the several lots and parcels of real property in Street
Improvement District No. 2 of West Memphis, Arkansas, and levying a tax of
2-1/2~ against the assessment of benefits as to each of said lots and
parcels to be collected by the County Collector with the first installment
of general taxes becoming due in 1957, and annually thereafter with the
', first installment of general taxes until the whole of said local assessment
shall be paid; and
WHEREAS, the tax aforesaid was levied for the purpose of paying the estimated
cost of the construction of a certain improvement within the confines of the
District estimated to be in the amount of $~li.8,113; and
WHEREAS, bonds were issued and the proceeds of same were used for the purpose
of the construction of said improvement lying within the confines of the
District, and the District now has on hand sufficient monies to pay the bonds
outstanding as well as the interest thereon;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS:
SECTION 1. That the tax of 2-1/2~ levied against the assessment of benefits
as to each of the lots and parcels in said District for the construction of
the improvement lying within the confines of the District is hereby termi.ne~ed
and no further tax will be collected by the Collector of Crittenden County,
Arkansas, after the collection of the taxes collected with the general taxes
due and payable in 197.
SECTION 2. All ordinances or parts of ordinances in conflict herewith are
hereby repealed to the extent of such conflict.
SECTION 3. Emergency Clause. It being found and determined by the City
Council of the City of West Memphis, Arkansas, that there is immediate need
to relieve and alleviate the financial burden of the taxpayers of Street
Improvement District No. 2, in West Memphis, Arkansas, 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
full force and effect immediately upon and after its passage and approval.
3~-~
~fi ~
The advertising for bids for construction of Fire Station No. !~ was brought
to the Councils attention. Alderman Smith, seconded by Alderman Hutcherson
moved that the Mayor be authorized to advertise for bids for Fire Station No. I~
on December 5, 197. Upon vote, the voting was as follows:
Aye: Aldermen: Dickerson, Grimsley, Harris, Horton, Hutcherson, Scott, Smith,
and Bentley
No : None .
(Alderman Payton not present)
Alderman Bentley requested the Architect for the Fire Station be present at the
next Council Meeting.
Mayor Rodgers informed the Council Certified Public Accountants Should be
selected for auditing the 19?!~ books. A policy to rotate auditors every three
years had been suggested, and Wilkerson & Skinner have been auditors for two
years. Alderman Horton, seconded by Alderman Grimsley moved that Wilkerson &
Skinner be employed to conduct the 197 Audit. Upon vote, the voting was as
follows
Aye: Aldermen: Ib.ckerson, Grimsley, Harris, Horton, Hutcherson, Scott, Smith,
and Bentley
No : None .
(Alderman Payton not present)
Alderman Dickerson, Chairman of the Sanitation Committee, reported bids were
awarded to Hawkins Equipment Company of Memphis, Tenn. for the 50 - ~t Cubic
Yard Front Loading Containers, counter balance lids to be installed free of
charge; and to Sanitation Equipment, Inc., Tupelo, Miss. for the 50 - 6 Cubic
Yard ~n~iners .
(Alderman Payton returned)
Mrs. J. D. Burnett of the City Beautiful Commission presented film prepared by
the Architects Institute on beautification of a city. Also, request of the City
Beautiful Commission that a Board be appointed or the City Beautiful Commission
be authorized to proceed with a project to beautify the city. Mayor Rodgers
advised the decisiion on the matter would be made by the next administration.
The Mayor announced meetings will be called for preparation of a tentative budget.
A resume of status of construction on S. Avalon, clarification of the responsi-
bility for removal of utilities, and suggestion the State have drainage work rebid
was made by City Engineer Brawley.
There being no further business, the Council adjourned.
r~
ATTES ~ `~` ~-
CITY
MAYOR
APPROVED: NOVEMBER 21, 19?!~