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September 3, 19702~~ MINUTES OF A I:EGULe1k PSEETING OF THE CITY COUNCIL OF THE CITY OF WEST PLFDIPHIS, ARKANSAS, HP_LD UN THE 3RD DAY ilF SEPTEPiBER, 1970. The City Council of the City of West Ptemphis, Arkansas, met in regular session at its regular meeting place in West Ptemphis, Arkansas, at 2:00 P.P1. on the 3rd day of September, 1970. The following were present: Piayor Tilden Rodgers, presiding, and Aldermen: Pritchard Horton, C. D. Hutcherson, B. L. Mallott, R.. L. Smith, F. C. Weis, R. C. Bowie, and H. k. Dabbs. Absent: Alderman k,'J~. Bentley and City Attorney :.. E. Wallin. It being determined a quorum was present, the following proceedings were had to-wit: Piinutes of Fleeting on August 20, 1970, were approved as read. Mayor Rodgers announced the first order of business would be the hearing pertaining to vacating Cole Ave mie advertised in the Evening 'Times on August 11th and 18th. No one appeared to object to vacating the Avenue, thereupon, the Council informed the Petitioner an ordinance vacating the street should be presented. Pir. iarl Bruce of 211 W. Oliver requested renewal of permit for mobile home at rear of his residence due to hardship of having someone present to assist in caring for his wife, who is ill. The Council was informed there have been no complaints. After. discussion, motion was made by Alderman Smith, seconded by Alderman Hutcherson: That a six month permit be granted for mobile. home rear of 211 F7. Oliver. Upon vote, the voting was as follows: Aye: Aldermen: Horton, Hutcherson, Mallott, Smith, Weis, Bowie, and llabbs. No: None. Alderman Bentley made a delayed appearance. Ptr. Lindsey, Fairley, Attorney for the L'rban kenewal Agency presented the following Contract for Site Improvements: CUisfkACT FUk S1TE IMPkOVEPiENTS This Agreement made and entered into this 1st day of September, 1970, by and between the Urban Renewal Agency of the City of West Ptemphis, Arkansas (hereinafter called "AGENCY"), and the City of West Ptemphis, Arkansas, a Plunicipal Corporation (hereinafter called "CITY"), WI'TNESSETH: WEi~REAS, the Agency is a publ.i.c body corporate and politic, created pursuant to the laws of the Sr.at..e of Arkansas, and is transacting business and exercising the powers granted. thereby; and WHF,ItEAS, the Agency and the City desire to enter into an agreement for a Site Improvement Program in connection with the West Ptemphis NDP Urban Renewal Program; and WHEP,F.AS, under this program the City shall use its employees and equipment to perform certain work which will be supervised by the City Engineering Department and the Agency Engineer, and all materials used in said work will he furnished by Agency. NUW, THEY?;FUi2E, it is hereby mutually agreed by and between the Agency and the City that the Site Improvement Program submitted in booklet form as P.evised August 21, 1970, copy of which is attached hereto'as Exhibit "A", is hereby jointly undertaken with the City furnishing all labor and equipment and the Agency furnishing all materials as specified in Exhibit "A" hereof and Plates "A" "B" "C"' "D" "E" and "~'" therein contained. e ~ , ~ IN F7I`.CNESS T.~?iE'r.EOF, The Urban I;enewal Agency of the City of West 1^emphis, Arkansas and the City of 47est Ptemphis, Arkansas, have caused the signatures of their duly authorized officers to be attested and the sea]. of such public bodies [o be affixed the day and year first he rei.nabove written. **~*~* The Council was informed the Agency's engineer, Bond Consulting Engineers, Inc., had prepared plans for the work, which is hi be supervised by the Agency's Engineer and the City Engineer's office. After discussion of the area, three to one credit for the City, and work plan, motion was made by Alderman Smith, seconded by Alderman Hutcherson: That the Contract as presented be approved. Upon vote, the voting was as follows: Aye: Aldermen: Horton, Hutcherson, Ma].lotC, Smith, Weis, Bentley, Bowie, and Dabbs. NO: NO['le . The Mayor informed the Councii the Street Committee's report of June 18th had recommended an overlay at street intersections where water does not drain property, and Bond Consulting Engineers had prepared and. estimated cost of $8,400 far a 2" asphalt ovex•lay at the following locations: Walter Avenue - White to Beaty ' Denton h Beaty 32nd ~ Beaty OK a Beaty 6lalker tivenue - Broadway South iworth I:oselawn Ex Rich I:oad ~~~ Alderman Horton brought to the Council's attention the condition of the intersection at Denton acid Church Streets. Deterioration of streets, cost, contractors working in West 1`iemphis, and bids were discussed. Motion was made by Alderman Weis seconded by Alderman Hutcherson: That the Mayor be authorired to adve$tise for bids for work on intersections as listed and llenton and Church. Upon vote, the voting was as follows: Aye: Aldermen: Horton, Hutcherson, hiallott, Smith, [,'eis, Bentley, Bowie, and Dabbs. i4o: Clone . Piayor ;{odgers announced telegram had been received the Department of Defense will commence negor_ations [pith Lift Parts Pianufacturing Company of West Memphis as a result of recent trip to F;ashington D. C. in an effort to prevent cloa~ng of the Plant. The Dtayor stated a repot ca=ll he made in a few days on the status of the Temple Gypsum Project. Alderman blallott presented request of I;ev. Travis Case for assistance in traffic control at the 'Tabernacle Baptist School at 521 Graham, Dfayo?- ,~Ddgers informed the Council school signs and blinking lights are to be installed and if a school guard is necessary the matter will be presented to the Council at a later date. The following :.e solution was presented: RESOLUTION NO. ~~~ WHEREAS, the City of West Memphis, Arkansas, as Lessor, executed and delivered to West Memphis Boys Club, as Lessee, under date of January 16, 1969, a lease agreement on the following described real property in the City of West Memphis, Crittenden County, Arkansas, to-wit: The Northeast 208' X 208', comprising approximately one (1) acre of Worth- ington Park, a recreational and play- ground facility, as shown upon the maps, records and plats of the City of West Memphis, Arkansas= and WHEREAS, said lease agreement provided, among other things, that the Lessee "will not assign nor sublet said premises or any portion thereof, without the consent in writing of the Lessor first obtained. Lessee agrees and Lessor accepts as further consideration for the execution of this lease, that the leased premises shall be utilized by Lessee for the construction of a clubhouse to be operated by Lessee.. in accordance with its constitution and bylaws and the laws of the State of Arkansas and the City of West Memphis, in the furtherance of the various activities and programs of the Boys Club"; and, WHEREAS, in order for the Lessee, West Memphis Boys Club, . to obtain funds for the purpose of constructing a clubhouse on said premises to be operated by Lessee in accordance. with its constitution and bylaws and the laws of the State of Arkansas and the City of West Memphis, in the furtherance of 226A the various activities and programs of the Boys Club as provided in said lease, it has become necessary that the West Memphis Boys Club execute a mortgage on its said lease so obtained from the City of West Memphis, Arkansas; and WHEREAS, the West Memphis City Council has determined that the interest of West Memphis Boys Club and the City of West Memphis will be beneficially served by its consenting to such mortgage, and, by its agreement that in the event of the foreclosure of the said lease, and the leasehold interest therein conveyed, the said premises may be used for any lawful purpose. NOWt THEREFORE, in consideration of the benefits that will inure to the City of West Memphis by reason of the procurement of the funds by the. West Memphis. Boys Club from the National Bank of Commerce in Memphis, Memphis, Tennessee, it does hereby give its consent to the. execution of said mortgage by the West Memphis Boys Club to National Bank of Commerce in Memphis, Memphis, Tennessee, to secure the sum of $75,000.00 and interest, all as more particularly provided for and set forth in said mortgag©, and said City of West Memphis does hereby agree that in the event of a foreclosure of said mortgage and a sale and assignment of said lease agreement, and said leasehold interest, that said premises and the improvements thereon may be used for any lawful purpose, anything in said lease contract to the contrary notwithstanding. It is the finding of the City Council that enactment of this resolution is necessary to the immediate protection of the public safety, welfare and peace of the inhabitants of - 2 - ~' 226ti the City of West Memphis, Arkansas, an emergency is hereby declared to exist and this resolution shall be in full force and effect immediately upon its passage and approval. ~~~~T*a* Frojects for financing the Boys' Club, bank loan for construction of ttie building, assignment or sublease, use of ttre building for recreation purposes only were discussed. Motion was made by Alderman t4allott, seconded by Alderman Horton: That the resolution as presented be adopted. Upon vote, the voting was as follews: Aye: Aldermen: Horton, Hutcherson, Mallott, Smith, Weis, Bentley, Bowie, and Dabbs. :90: None . The drainage problem atClub_kcuiand Broadway was discussed, motion was made by Alderman Mallott, seconded by Alderman Bowie: That the Mayor have the City Engineer obtain necessary information to as'_~c for bids atClub l?Jadand Broadway. Upon vote, the voting was as follows: Aye: rldermen: Ilorton, Hutcherson, Mallott, Smith, Geis, Bentley, Bowie, and Dabbs. No: None. A five minute recess was announced. Upon reconvening Attorney V. E. Skillman, Jr. presented an ordinance vacating Cole Avenue. The ordinance entitled "An Ordinance Vacating That Fart Cif Cole Avenue Extending From The east Line Uf South F+valon Street (h[udge :venue} To The West Line Of Lancaster Avenue As Shown Un Flat Of 5hmver's Subdivision Dated hiay 10, 1923, In The City Of West h[emphis, Arkansas" was read in full by Attorney Lindsey Fairley. Alderman Weis, seconded by Alderman Dabbs 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. T}r~ h[ayor put the question on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Horton, llutcherson, Mallott, Smith, Weis, Bentley, Bowie, and Dabbs. 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 Che rule, the motion was carried and the rule suspended. The ordinance raas then read the second time by Lindsey Fairley. Alderman Ilorton, seconded by Alderman Bowie then moved that the rule rc:quiri.ng 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 orr Che adoption of the motion and the roll being called the following voted: Aye: Aldermen: Horton, llutcherson, Alallott, Smith, Weis, Bentley, Bowie, and Dabbs. Nn: None. The htayor 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 Attorney Fairley. Alderman Eentley, seconded by Alderman Mallott, moved that the ordinance be adopted. The question was put by the htayor on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Horton, Hutcherson, Mallott, Smith, Weis, Bentley, Bowie, and Dabbs. Na: Nvne. The htayor 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. 644. The ordinance read as f oliows: UKDINANCE N0. 644 AN UkDINANCE VACA'CIttG THAT PAkT OF COLE AVENUE EXTEA'DItdG FROM THE EAST LINE OF SOUTH AVALUN STF'.5ET (PSUIXIE AVENUE) TO TI1F. NEST LINE OF LANCASTP:P. AVENUE AS SHOWN UN YLAT OF SHE R'S SUBDIVISION RATED hiAY lU, 1923, IN THE CITY OF t+IEST MEMPHIS, A1:KANSAS . l~kiFRI:AS a petition was duly filed with the City Council of the City of West Memphis, Arkansas on August 6, 19i0, asking the City Council to vacate and abandon that portion of Cole Avenue extending . from the Llest line of South Avalon Strut (h[udge Avenue) to the East line of Lancaster Avenue as shown on Plat of Shaver's Subdivison, Ldest Memphis, Arkansas. 4.'f1EI:EAS, after due notice as required by law, the Council has, at the time and place mentioned in the notice, heard all persons on the question and has ascertained that the portions of the street herein above described has been dedicated to the public use as a street; that- same has not actually been used by the public generally for. at least five (5) years subsequent to the filing of said plat; that all the owners of the property abutting upon the portions of the street to be vacated have jointed in said petition Co vacate; that public interest and welfare will not be adversely affected by said abandonment. NOt~i, THEt.EFUi:E, BE IT UI'.llAINEll BY THE CITY OF WEST hIEMPHIS, A;t:ANSAS Section 1. The City of West Memphis hereby releases, vacates and abandons ail of its rights, together with the rights of the public generallyrin the following street: "That portion of Gole Avenue extending from the east line of South Avalon Street (h[udge Avenue) to the West line of Lancaster Avenue as shown on plat of Shower's Subdivision, West Memphis, Arkansas." Section 2. A copy of the ordinance duly certified by the City Clerk shall be filed in the office of the recorder of Crittenden County, Arkansas, at Marion, and recorded in the deed records of Crittenden County, Arkansas. Section 3. This ordinance shall take effect and be in force from and after its passage. Attorney Dick Hatfield on behalf of Connie Hatchett requested rezoning of Lots 6 and 7, Block 38, i.endai by ordinance with emergency section. The Council was advised the Planning Commission had recommended the rezoning. An ordinance entitled "An Ordinance To Ilez.one Certain Property In 'The City Of West Memphis: Declaring An 1'smergency And For Other Purposes" was read by Attorney Hatfield. Alderman Smith, 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 cal7.ed, the following voted: Alderman Horton Abstained. Aye: Aldermen: Hutcherson, Dtallett, Smith, Weis, Bentley, Bowie, and Dobbs. No: None. Thereupon the Dlayor 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. T'he ordinance was then read the second time by the Attorney. Alderman Diallott, seconded by Alderman Bentleythen 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 Dlayor put the question on the adoption of the motion and the roll being called the following voted: Alderman Horton ~ibstained. Aye: Aldermen: Hutcherson, Mallott, Smith, Weis, Bentley, Bowie, and Dobbs. No: ivone. The Mayor declared that at least two-thirds of all. members elected to the L'ouncil 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 Attorney Hatfield. Alderman Bowie, 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: Alderman Horton Abstained. Aye: Aldermen: Hutcherson, Diallott, Smith, Weis, Bentley, Bowie, and Dobbs. No: None. Alderman Smith, seconded by Alderman Hutcherson, moved that Section 4, the emergency clause, be adopted, and on roll call the following voted: Alderman Horton Abstained. Aye: Aldermen: Hutcherson, Diallott, Smith, Weis, Bentley, Bowie, and Dobbs. No: None. The Diayor thereupon declared the ordinance and the emergency clause adopted and signed the ordinance, which was attested by the City Clerl: and impressed with the seal of the City. The ordinance was given No. 645. The ordinance read as follows: ORDINANCE N0. 645 AN ORDIiJANCc TO RiiLONF., CEkTAIN PItOP?;f:TY IN TilE CITY OF WEST MEDIPHIS: DECLAiING AN EMEkG~NCY AND FOk U'THR PURFUS7iS . tdFiEREAS, an application was made to the Planning Commission of the City of West Memphis as provided by Ordinance No. 411 of the City of tJest Dtemphis for rezoning certain property within the City; and WHF.ISAS, notice was duly published on the 10th day of August, 1970, that a hearing would be held by the Planning Commission at 3:30 o'clock P.M, on the 26th day of August, 1970, and at said meeting and by the application previously submitted, it was requested that the following property be rezoned from its present zoning to that of Multiple-Family Kesidence, (kD1-1): Lots 6 and 7 of Block 38 of the George T. Kendal Subdivision to the City of tdest Memphis, Arkansas. and - WEI~F._:AS, no persons appeared to pror.est against said zoning as requested; and WHL'.c.AS, the Planning Commission of the City of West Memphis recommended that said rezoning petition be granted; NUt•;, 'CH~13FOkL;, B~ IT OhIk1INED BY THE CITY COUNCIL OF '1HE CITY OF W;:ST btEDiPHIS: Section 1. That the following property now zoned as Single-Family :residence llistrict (xS-5) be and the soma is hereby rezoned as Dultiple-Familyrtesidence District (kDl-i): ~~5 Lots 6 and 7 of ]clock 38 of [he George 'r. Kendal Subdivision to the City of West btemphis, Arkansas. Section 2. AL1 ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3. A copy of the ordinance, when duly certified by the City Clerk, shall be subject to being filed and recorded in the office of the Circuit Court Clerk and F..x-Officio kecorder caithin and for Crittenden County, Arkansas. Section 4. ITtESG°NCY CLAUSE: It is found and declared by the City Council of the City of Wesr 2~Iemphis 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. No further business being presented, the meeting cons adjourned. ~ / -- Arr~s - ITY :K .- V /' ~/htAYOk APPkUVF.D: SL'PTrDIB~!-t 17, 1°7U