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December 18, 19691~3 MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HELD UN THF. 18TH I]AY OF DECEMBER, 1964. The City Council of the City of Wes r_ Memphis, Arkansas, met in regular session at its regular meeting place in West Memphis, Arkansas, at 1:30 P.M, on the ].8th day of Ikcember, 1969. The following were present: Mayor Bob Eden, presiding, and Aldermen: C. T. Rodgers, R. L. Smith, F. C. Weis, R. T. Bentley, R. C. Bowie, H. R. Dabbs, and C. D. Hutcherson; and City Attorney R. E. Wallin. Absent; Alderman Pritchard Horton. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of G'ouncil Meeting on December 4, 1969, were approved as read. Attorney C. B. Nance appeared on behalf of Safiey & Waggener and First National Ranlc of Memphis as Executor of the Estate of William Sanders llanner to request passage of an ordinance to vacate an alley in Wheeler Subdivision. Ttre hearing on the matter had been held on December 19, 1968, and tentative approval had been given for vacating the alley, but action on vacating the street had been deferred. After discussion, an ordinance entitled "An Ordinance '1'o Vacate The Alley Extending Through Block 9 Of The Wheeler Subdivision 'To 'The City Of West Memphis; To Vacate The Alley Extending Through A Portion of Block 8 Of The Wheeler Subdivision To The City Uf West Memphis; Aod To Retain A Permanent Utility Easement Through Blocks 8 and 9 Uf The Wheeler 9ibdivision To The City Uf West Memphis; Declaring Arr Emergency And For Other Purposes"was introduced by Alderman Smith, and the City Attorney read khe ordinance in full. Alderman Hutcherson, seconded by Alderman llabbs, 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 ~ the motion and the roll being called, the following voted: Aye: Aldermen: Rodgers, Smith, Weis, Bentley, Bowie, Dabbs, a>i Hutcherson. No: None. 't'hereupon 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 by the City Attorney. Aldermen Bentley, seconded by Alderman Rodgers 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 d'. the motion and the roll being called the following voted: Aye: Aldermen: Rodgers, Smith, Weis, Bentley, Bowie, Dabbs, and Hutcherson. No: None. The Alayor 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 by the City Attorney. Alderman Boroie, secnnrled by Alderman Weis, moved that the ordinance be adopted. The question was put by the Alayor on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Rodgers, Smith, Weis, Bentley, Bowie, llabbs, and Hutcherson. No: None. Alderman Smith, seconded by Alderman Hutcherson, moved that Section 5, the emergency clause, be adopted, and on roll call the following voted: Aye: Aldernien: Rodgers, Smith, Weis, Bentley, Bowie, Dabbs, and Hutcherson. No: None. The Mayor thereupon declared the ordinance and the emergency clause adopted and signed the ordinance, which was attested by the City Clert: and impressed whir the seal of the City. The ordinance was given No. 620. The ordinance read as follows: 2~5 ORDINANCE NO. AN ORDINANCE TO VACATE THE ALLEY EXTENDING THROUGH BLOCK 9 OF THE WHEELER SUBDIVISION TO THE CITY OF WEST MEMPHIS; TO VACATE THE ALLEY EXTENDING THROUGH A PORTION OF BLOCIZ 8 OF THE WHEELER SUBDIVISION TO TILE CITY OT' WEST MEMPIiIS; AND TO RETAIN A PERMANENT UTILITY EASEMENT THROUGH BLOCKS 8 AND D OF TIIE ~hHEELER SUBDIVISION TO TIIE CITY OF WEST MEMPHIS; DECLARING AN EMER- GENCY AND FOR OTHER PURPOSES. WHEREAS, a petition was duly filed with the City Council of the City of ~~jest Memphis, Arkansas, on the 21st day of November, 1968, asking the City Council to vacate and abandon thc• alloy extending through Blocks 8 and p of the Wheeler Subdivision to the City of West Memphis designated on a plat of x•ecord of said subdivision, now appearing of record in the plat records in the office of the Circuit Court Clerk and Ex-Officio Recorder for Crittenden County, Arkansas, and VVIIEREAS, after due notices as required by law, the Council has, at i.he time and place mentioned in the notice, heard all persons desiring to be heard on the question, and has ascertained that the alley or the portion thereof hereinbefore described has heretofore been dedicated to the public use as an alley herein described; has not been actually used by the public generally for a period of at least five (5) years, subsequent to the filing of the plat; that all of the owners of the property abutting upon the portion of the alley to be vacated have filed with the Council their written consent to such abandonment, and that public interest and welfare will not be adversely affected by the abandon- ment of such alley, provided the City of West Memphis retains an easement over the same property as occupied by the alley; NOW, THEREFORE, I3E iT ORDAINED BY TIIE CITY COUNCIL Oh THE CITY" OF WEST MEMPIiIS: r 1~6 Section 1. The City of West Memphis, Arkansas hereby releases, vacates and abandons all its rights, except as hereinafter stated, together with the rights of the public generally. in and to the alley designated as follows: That certain alley extending through Block 9 of the Wheeler Subdivision to the City of West Memphis, more particularly described as follows: Beginning at the Southeast corner of I.ot 1, Block 0 of the Wheeler 5uhdivision to the City of bVcst Memphis; thence IVorthwestet•]y 631. ,ifi feat. along the south lot line of hots 1 through 6 of Blocl. 0 to 1.he Southwest corner of L,ot 6; thence Southerly parallel to the West lot line of Lots 6 and 7, 30 feet to the Northwest corner of Lot 7 of Block 9; thence Southeasterly along the North lot lines of Lots 7 through 12 of Block 9, 604. 46 feet to the Northeast corner of Lot 12 of Block 9; thence Northeasterly along a line parallel to the East lot lines of Lots 1 and 12 of Block 9, 30 feet to the point of beginning. That ccr•tain alley c~xtencl}ng through a portion of Mock 8 of the Wheeler Subdivision to the City of West Mernphiti, more particularly described as follows: Beginning at the Southeast corner of Lot l of Block 8, Wheeler Subdivision to the City of West Memphis; thence Northwesterly along the South lot lines of Blocks 1 through 5, 500 feet to the Southwest corner of Lot 5 of Block 8 to a point; thence Southwesterly parallel to the West lot lines of Lots 5 and 12 of Block 8, ;i0 feet to the Northwest corner of Lot 12; thence Southeasterly along the North lot lines of Lots 12 through 16 of Block 8, 500 feet to the Northeast corner of Lot 16; thence Northerly along a line pax•allcl to tlxe East lot lines of Lots 1 and 16, 30 feet to the point of beginning. Section 2. The City of West Memphis, Arkansas, hereby retains a utility easement with the right of ingress and egress through the center of Blocks 8 and 9, formerly occupied by an alley and more particularly described as follows: Begituting at the Southeast corner of Lot 1, I31ock 9 of the Wheeler Subdivision to the City of West Memphis; thence Northwesterly 631. 35 feet along the south lot line of Lots 1 through 6 of Block 9 to the Southwest corner of Lot 6; thence Southerly parallel to the V~'est lot line of Lots 6 and 7, 30 feet to the Northwest corner of Lot 7 of Block 9; thence Southeasterly along the North lot lines of Lots 7 through 12 of Block 9, 604. 46 feet to the Northeast corner of Lot 12 of Bloclc 9; thence Northeasterly along a line parallel i:o the East lot lines of Lots 1 and 12 of 131ock S], 30 feet to the point of beginning. 1~7 13ef;innin{; at the Soulhca5l, corner cif Lot 1 0l' Itlocl: 8, Wheeler Subdivision to the City of West Memphis; thence Northwesterly along the South lot lines of Blocks 1 through 5, 500 feet to the Southwest corner of Lot 5 of Block 8 to a point; thence Southwesterly parallel to the West lot lines of Lots 5 and 12 of Block 8, 30 feet to the Northwest corner of Lot 12; thence Southeasterly along the North lot lines of Lots 12 through 16 of Block 8, 500 feet to the Northeast corner of Lot 16; thence Northerly along a line parallel to the East lot lines of T,~ts 1 and 16, 30 feet to the point of beginning. Section 3. All ordinances, or parts of ordinances in conflict herewith are hereby repealed. Section 4; A copy of the ordinance when duly certified by the City Clerk shall he subject to being filed and recorded in the office of the Circuit Court Clerk and Ex-Officio Recorder within and for Crittenden County. Section 5. EMERGENCE CLAUSE: It is found and declared by the City Council of the City of West Memphis that this ordinance is necessary for 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. An ordinance entitled "An Ordinance 'Co Change The Name Of School Street To Reverend S. L. Henry Street" was red the third rime. Motion was made by Alderman Bentley, seconded by Alderman Bowie: That the third reading be approved, and the ordinance adopted. Upon vote, the voting was as follows: Aye: Aldermen: Rodgers, Smith, Weis, Bentley, Bowie, Dabbs, and Hutcherson. No: None . The Mayor thereupon declared the ordinance 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. 621. The ordinance read as follows: ORDINANCE NU. 621 AN ORDINANCE TU CHANGE THE NAME OF SCFIUUL STREET TU REVEREND S. L. HLNRY STREET WHEREAS, the City Council of the City of West Memphis, Arkansas, at a meeting in regular session on the 6th day of November, 1969, discussed the subject of changing the name of School Street in the City of West Memphis to Reverend S. L. Henry Street; and, ill-IEREAS, the West Dtemphis City Council at said aforementioned meeting determined that the name of said street should be changed as aforesaid, in remembrance of Reverend S. L. henry; NOW, 'THEP.F.FORE, BE IT ORIIAINED BY THE CITY COU[dCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1. That the street heretofore known as School Street in the City of West Memphis is hereby renamed and re-desigr~ed as Reverend S. L. Fleury Street, in remembrance of said Reverend S. L. Henry and shall hereafter bear the name as aforementioned and be designated as such on the records of the City of West Dtemphis, Arkansas. Section 2. ALl ordinances or parts of ordinances in conflict herewith are hereby repealed and abolished. ~~~ The Mayor brought to the Council's attention the first Council meeting in January would be on New Year's Day a holiday, and recommended the meetings in January be held on the 8th and 22nd. After discussion, motion was made by Alderman Rodgers, seconded by Alderman Smith: That Council Meetings be held on January 8th and 22nd. Upon vote, the voting was as follows: Aye: Aldermen: Fodgers, Smith, Gleis, Bentley, Bowie, Dabbs, and Hutcherson. No: None. P.ev. J. S. Trask on he hat f. of ~eighborhoor? Action Council ~eou~ste~~ an appropriation of $11.00.00 be made for 1910 for rent of $100.00 per month to provide additional floor space for the service Center. P.ev. Trask informed the Council of the work performed by the Service Center, and that East Central would provide for equipment and utilities, but not rent. After discussion, Mayor Eden stated the matter will be considered at the next budget meeting. Budget meeting was set for 6:30 P.M. Wednesday, January 7, 1969. No further business being presented, the meeting was adjourned. 11-~-~~'' CIT RK --~ / ,i ; YOR APPROVED: JAtdUAP.Y 8, 1970