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October 15, 1970MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HELD ON THE 15TH DAY OF OCTOBER, 1970. The City Council of-the City of Weat Memphis, Arkansas, met in regular session at its regular meeting place in Weat Memphis, Arkansas, at 2:00 P.M. on the 15th daq of October, 1970. The following were present: Mayor Tilden Rodgers, presiding, and Aldermen: R. C. Bowie, H. R. Dabbe, Pritchard Horton, C. D. Hutcherson, B. L. Mallott, R. L. Smith, and P. C. Weis; and City Attorney R. B. Wallin. Absent: Alderman R. T. Bentley. It being determined a quorum was present, the following proceedings were had to-wit: Motion waa made by Alderman Weis, seconded by Alderman Bowie to dispense with reading of minutes of October let meeting. Upon vote, the voting was se follows: Aye: Aldermen: Bowie, Dabbe, Horton, Hutcherson, Mallott, Smith, and Weis. No: None. Mr. Jim•Snowden in behalf of Guaranty Loan & Real Estate Company requested permission to withdraw an ordinance entitled "An Ordinance To Rezone Lot 23 In Block 10, Avali~n Heights Extension To The City Of West Memphis, Crittenden County, Arkansas, And A Tract In The NE} OF THE SEA Of Section 2, T-6-N, R-8-E, To The City Of West Memphis, Crittenden County, Arkansas". Mr. Snowden stated the rezoning application would be presented in separate proposals to the Planning Commisalon at a later date. Attorney Ralph Sloan requested the second reading of ordinance entitled "An Ordinance To Rezone Part Of The NE} NW's Of Section 13, Township 6 North, Range 8 East, Crittenden County, Arkansas". City Attorney Wallin read the ordinance, motion was made bq Alderman Mallott, seconded by Alderman Hutcherson: That the second reading of the ordinance be approved. Upon roll call vote, the voting was as follows: Aye: Aldermen: Bowie, Dabbe, Horton, Hutcherson, Mallott, Smith, and Weie. No: None. Mayor Rodgers announced bide for resurfacing of streets as advertised in the Evening Times on October 1st and 8th would be received. The only bid received was from Warren Brothers Construction Company in the amount of $8,988.00. After discussion with Engineer Cy Bond, motion was made by Alderman Horton, seconded by Alderman Mallott: That bid of Warren Brothers Construction Company,if in order after review of Mr. Bond, be accepted. Upon vote, the voting was as follows: Aye: Aldermen: Bowie, Dabbe, Horton, Hutcherson, Mallott, Smith, and Weis. No: None. The Mayor informed the Council mattara pertaining to Industrial Bond issue were not completed for presentation, and a special meeting will be called at a later date. Attorney Ralph Sloan presented Petition of Avalon Developers, Inc. to vacate street in First Addition to Westwood Acres as follows: PETITION TO VACATE STREET Cornea the undersigned petitioner, Avalon Developers, Inc. and in petitioning the City Council of the City of Weat Memphis, Arkansas, states: That Avalon Developers, Inc. is the owner of: That part of Lot 6 in Block 10 of the First Addition to Westwood Acres, Weat Memphis, Arkansas, abutting on the east aide of the extension of Rice Street as shown on plat of record in Plat Book 2 at page 253 and of the acreage to the west of the 66 foot street shown to the west of said Lot 6. That the owner of the land in the Pirst Addition to Westwood Acres, Weat Memphis, Arkansas, on September 22, 1965, caused to be recorded a plat of said addition, said plat being the one hereinbefore referred to; that on said plat there ie a street 66 feet wide lying west of Lot 6 in Block 10 of said First Addition to Westwood Acres; that said street waa laid off and platted on said map but said street was never actually laid off and improved as shown on said plat; that it ie necessary in connection with the use for which petitioner proposes to use said lands to have that portion of Rice Street lying south of the south line of Vanderbilt Avenue ae shown on said above described plat closed and petitioner now requests such closing. That there is attached hereto as Exhibit "A" a photocopy of the plat of the First Addition to Westwood Acres filed in the office of the Recorder of Crittenden County, Arkansas, which shows the street to be vacated together with the block number and lot number of each lot which abuts upon the street to be vacated. WHEREFORE, petitioner prays that the City Council of the City of West Memphis, Arkansas, at its next regular or special meeting fix a day for the hearing of this petition and direct the City Clerk to give notice of such hearing by publication once a week for two consecutive weeks in the Evening Times, a newspaper published in Crittenden County, Arkansas, and having a general circulation in the City of Weat Memphis, Arkansas, and Chat upon final hearing that the street hereinabove described be vacated and all rights of the City of West Memphis, Arkansas, and of the public generally therein be released, vacated and abandoned. Respectfully submitted, this 15th day of October, 1970. AVALON DEVELOPERS, INC., Petitioner By SPEARS & SLOAN, Its Attorneys By: Ralph W. Sloan *,t+t,t~tdrdr+tdrrt Motion was made by Alderman Maliott, seconded by Alderman Hutcherson: That date of hearing. be set for 2 PM, Thursday, November 5, 1970. Upon vote,- the voting was ae follows: Aye: Alderman: Bowie, Dabba, Horton, Hutcherson, Mellott, Smith, and Wais. No: None. City Attorney Wallin brought to the Council's attention request of the Utility Cormeisaion to adopt an ordinance relative to placing signs and/or posters on Utility poles, and he had prepared an ordinance embodying State Statutes for consideration of the Council. Motion was made by Alderman Mellott: That the ordinance be read the first time. The motion was not seconded. The Council discussed state statutes, enforcement procedures, and advertising on private and public property. Mayor Rodgers informed the Council he had received information concerning shows to be presented at the Avon Theatre, and he had requested the City Attorney prepare an ordinace creating a Board Of Review. The ordinance entitled "An Ordinance Creating The West Memphis Board Of Review; Defining Its Duties; Declaring An Emergency, And For Other Purposes" was read by City Attorney Wallin. Motion was made by Alderman Smith, seconded by Alderman Hutcherson: That the ordinance be approved on the first reading.- Attorney C. B. Nance, Jr. representing the owner of Avon Theatre presented objections to the ordinance. After discussion of type of shows, age restrictions, operation of Review Board in Little Rock, persona participating in the shows, attendance, censorship, Federal Lawa, and control of private enterprises motion was made by Alderman Smith. seconded by Alderman Mellott: .That table proposed ordinance for two weeks. Upon vote, the voting was as follows: Aye: Aldermen: Bowie, Dabba, Horton, Hutcherson, Mellott, Smith, and Weis. No: None. Mrs. Lucille Webb, 3205 Church Street presented the following Petition: ', , ,,. ` ~ , r ", n 1 n 1; t<' ':L1;,5' Co?arise]. f ~fer;~t f~tier:.~p`~1: ':1 t rj v A. thifi ~ . , ~.~ i ,Li1'.~ ~.~Fr,t,, rL~*~ forth p~ti L s~,,•,. 7 „' , .. . •,,,,, ,'r, ,- ,, ,, ,nc,al. , !'er t; :e ~+ ~o~n ,of ,~eir`t.~ .r? ~.n~~~t* 1 P ~-~e t,rl.cr' y r,,r r~~~*r'R~t' L'+~; a :.k1°~ui:y ~.~+A;w' `~', .~ ra~,•,,~;, '~r1c~~.n'a`a>~. C- l~kn;;~~~q',~}~c,h~~~'kl~tr,••i;'~.,,n... -r „~,;. ~C~ 1 ~, ,~-, ,, 1al.~lti ~.c>:,t:.~ l,Pft;'1~~ ~"~I~`'r;~r~~,roC ~,~;~i ;.~„r.. 'nai: IJc^'t:l'}.K'9 ~1~'(~,~t'{5~ ~~w1t~.~~ y iJt• E. ,-~s~ ^., ~~.. T,?r ~3E1»L1t onof 4keet~~ F~ter1}>'11~ ~ r,cl T,.r. , ~ P `,d . , A ~a i n^ ~',~(~]~'111R•f,l.~ i7 LriLC ,~f ~E1~dp~11r19~-+~`-~ ~~'+» I,~a:r, ']L~.i• t;G ~~ "i ~'~:-~{~ I~t~~~'Te~ ~j~~~~~ ~r L~, ~,.L f?t3f"~.i, i i 'hl,' ~L~'k ... ,,b`,, n<., •.>eL'1 fie mi ~3;~' ~~.. • ~.,.rp 1 ,t 'f-tn$'~Ci ~Cj~-~" _~~'~ 1r,,k ~? -1 n't~~~.CM ' ..a , j ~ 111 ,{ ~a y ;~:Yt1 ~~ ~ 1,,~Auca il,~:~,`~n •~j~k~:r ~~,~ r4~+~}~r7~~l~t<~d,'a; !i 1 ~ ,:,.. ~. - + ,~~~k ~~ • +~. zr i h ~~ ~, .. , ' ~„ .. _ - -_ .. _. .-.r..,~~,,~ rsn~r.--~ - ~-. - ~ ....~.,.~-- ;f ~ r ~f ~c~~ t . damp ~ '~ ,r "t _~ 4` ~~ 1td,~3ri~;~s ~~ x a /? l r~ . '~ ~~ _ I ~ ai 4 ~ ~ ; f I f+ ~ 4 ~~`.~ ` ,'I. .. ~ ~ ~ I ~~~~Ir/ ~5~... i ~, try ~i •-•~.r C'~ ~ ~~~} ~ { y7. Ji a L I ~. 1~~~, ~P~~w }~Y I I~,~~~1' 1 v~ ~; l I i ., i't~ ;y,+ ~'~R Y~ 4~ 1, t 1. 7 ~a ~, .~ ~ .. ~~ ,~ ~, ~ . , r,- w . ~ ~ ~ , ~~ ~~~/ r : ~ "":" ~- C°' ~, ~ ~ ~,~ tin ~ ~, . -~ kV.' r' _ ~ ~`~ J . `~ ~~,i ~~ ~, ~ ~ .. - _ _ ,,, ~ i ~~~f~C~ ~ ~, ,p ..K - - _ - - ~~~~'~ ~ b Y°nk ~ :~ ;~ r , 1 4_~sitl i ~ q.G ~ ~, ~ 1 ~ _r„ it ~ ~ ~~... a ti r. I' ~ ~~, .n. ~r: +r+~ ~, , ~~ ~ Aga r ~ j~ ` l ,~ ~ ~ d (/~~''L~ICp. ~~ ~a r~ 1 ~~ ~n ~ . I• ~" r r lA ~ T ., r ~ ~ ~. r~ k ~/u. ~•-~ ~ I~ , ~~~~ `7E,~z~ ~ t,t y . r . 1 k, t ah1 i' F T ~~ iili~ ~(~ r~ c , ~ ; 24 After discussion, motion was made by Alderman Bowie, seconded by Alderman Smith: That grant request of Mra. Lucille Webb to have a beauty shop at her home, 3205 Church Street, ifiidefinitely. Pon vote, the voting was as follows: Aye: Aldermen: Bowie, Dabba, Horton, Hutcherson, Mellott, Smith, and Weie. No: None. Mayor Rodgers read the following letter, and requested the Alderman to sign if approved: Mr. Otha Hewitt, Chief Traffic Division Arkansas Highway Department P. 0. Box 2261 Little Rock, Arkansas 72203 Dear Mr. Hewitt: Re: Signalization: Walker & Broadway Sta. Aa per your letter dated January 1970, the Highway Department made a study to determine i£ aignalization was warranted at the above location. At that time, traffic volumes did not meet the warrant requirements for a traffic signal. In July of this year, my office was notified of a petition signed by numerous residents and merchants, accompanied with a letter from Mra. Ruby Elliott, directed to Mr. B. D. Mulhollen, District Engineer for re-consideration of a traffic signal. We received a copy of this letter from Mr. Mulhollen, stating that further inforuation regarding this matter should be directed to you. Traffic congestion at Walker and Broadway has increased tremendously within the past few months. A fifth addition has bean added to Broadway Trailer Park and another housing development consisting of 43 buildings to be erected on South Walker will add to the flow of traffic on South Walker. Citizens in the east section of the city have appeared before the City Council on several occasioae and were informed that the Arkansas Highway Department determines installation of all traffic signals on a State Highway. Aa stated in previous correspondence, we have had several accidents at this intersection and believe a signal light would relieve the hazards and that aignalization is necessary for the protection and welfare of all. •It is the feeling of the elected officials of the City of Weat Memphis that a traffic signal should be installed at this location as endorsed by this letter. Your attention regarding this matter will indeed be appreciated. Yours very truly, Mayor City Clerk City Treasurer City Engineer City Attorney Chief of Police Aldermen: Alderman Horton stated a petition with 300 names had been received, and he would send it to the Mayor. The Council was informed two names had been submitted by the City Beautiful Cocrosiasion for members: Mra. B. B. McCarley, 600 Auburn was named to the Board to repalce Mra. W. L. Barbour, Jr. 414 Roosevelt, who resigned, and Mra. James Hightower 300 S. 17th. Motion was made by Alderman Smith, seconded by Alderman Dsbbs: That Mra. B. B. McCarley and Mrs. James Hightower be appointed as members of City Beautiful Commission. Upon vote, the voting was as follows: Aye: Aldermen: Bowie, Dabba, Horton, Hutcherson, Mellott, Smith, and Weis. No: None. Mr. Jim Snowden informed the Council due to error in the]agal description of the Beck Subdivision it will be necessary to Repeal Ordinances No. 641 and 649 and consider new ordinances for the rezoning. An ordinance entitled "An Ordinance To Repeal Ordinance No. 641 To Rezone Blocks 1, 2 And 3 Of The Beck Subdivision To The City Of Weat Memphis, Recorded In Book 438 At Page 497 On July 20, 1970, Records Of Crittenden County, Arkansas" was introduced by Alderman Weis, and City Attorney Wallin read the ordinance in full. Alderman Weis introduced an ordinance entitled "An Ordinance To Repeal Ordinance No. 641 To Rezone Blocks 1, 2 And 3 Of The Heck Subdivision To The City Of West Memphis, Recorded In Book 438 At Page 497 On July 20, 1970, Records Of Crittenden County, Arkansas," and City Attorney Wallin read the ordinance in full. Alderman Dabba, 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 ba 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: Bowie,;Dabba, Horton, Hutcherson, Mellott, Smith, and Weia. No: Nona. 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 City Attorney Wallin. Alderman Bowie, seconded bq Alderman Mellott 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: Bowie, Dabba, Horton, Hutcherson, Mellott, Smith, and Weis. No: None . 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. Tha ordinance was then read the third time by the City Attorney. Alderman Hutcherson, seconded by Alderman Smith, moved that the ordinance be adopted. The question was put bq the Mayor on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Bowie, Dabbs, Horton, Hutcherson, Mellott, Smith, and Weie. No: None. Alderman Weis, seconded by Alderman Dsbbs, moved that Section 2, the emergency clause be adopted, and on roll call the following voted: Aye: Aldermen: Bowie, Dabbs, Horton, Hutcherson, Mellott, Smith, and Weie. No: None. 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 _._ Nn_ fLSA_ anA +~nnA se fnllnva. - - - ORDINANCE NO. S ~ L AN ORDINANCE TO REPEAL ORDINANCE NO. 641 TO REZONE BLOCKS 1, 2 AND 3 OF THE BECK SUBDIVISION TO THE CITY OF WEST MEMPHIS, RECORDED IN HOOK 438 AT PAGE 497 ON JULY 20, 1970, RECORDS OF CRITTENDEN COUNTY, ARKANSAS.. WHEREAS, certain errors in the legal description were made in the above Ordinance which was adopted at a meeting of the West Memphis City Council on the 16th day of July, 1970s NOW THEREFORE, BF. IT ORDAINED BY THE CITY COUNCIL OF THE CI'T'Y OF WEST MEMPHIS: SECTION L• Ordinance No. 641 recorded in Book 438 at Page 497 on July 20, 1970, records of Crittenden County, Arkaasas is hereby repealed, SECTION 2. EMERGENCY CLAUSES 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, SECTION 3: A copy of this Ordinance, when duly certified by the City Clerk shall be filed and recorded with the Circuit Court Clerk and Ex-Officio Recorder within and for Crittenden,County, Arkansas, nd shed as by law required. Alderman Smith introduced an ordinance entitled::"An Ordinance To Rezone The Following Tracts In The NWT NWT Of Section 16, T-6-N, R-9-E, In The City Of West Memphis, Crittenden County, Arkansas", and City Attorney Wallin read the ordinance in full. Alderman Hutcheraon, seconded by Alderman Mallott, moved that the rule requiring the reading of an ordinance in full on three different days be auapended 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: Bowie, I]abba, Horton, Hutcherson, Mallott, Smith, and Weis. 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 auapended. The ordinance was then read the second time by the City Attorney. Alderman Bowie, seconded by Alderman Horton 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: Aya: Aldermen: Bowie, Dabba, Horton, Hutcheraon, Mallott, Smith, and Weie. No: None. 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 auapended. Ths ordinance was than read the third time by the City Attorney. Alderman Dobbs, seconded by Aldara-an Weis, moved that the ordinance bs adopted. The question was put by the Mayor on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Howls, Dobbs, Horton, Hutcherson, Mallott, Smith, and Weis. Nos None. Section 3 the emergency clause of the Alderman Smith, seconded by Alderman Hutcheraon, 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: Bowie, Dabbe, Horton, Hutcheraon, Mallott, Smith, and Weis. No: None. 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. 651. Tha ordinance read ae follows: _.- - __ _ ORDINANCE NO, AN ORDINANC1sr, TO REZONE THE FOLLOWIN4 TRACTS IN THE NW} NW4 OF SECTION 16, T-6-N, R-9-E, IN THE CITY OF WEST MEMPHIS, CRITTENDEN COUNTY, ARKANSAS. WHDREAS, application was made to the Planning Commission of the City of West Memphis pursuant to Ordinance 411 of such City for rezoning the following property, to-wit: Tract No. 1: Commencing at the point of intersection of the east line of Walker ! _ Avenue and the south right-of-way line of U. S. Highway 70; thence- " south along said right-of-way line 500 feet to the point of beginning; thence east 600 feet along. the south line of Ryan Chevrolet Company lot; thence north 100.0 feet, thence east 400 feet; thence south 200 feet to a point; thence west 1000. 0 feet' o a point on the east right-of-way line of Walker Avenue; thence north 100 feet to the ' point of beginning; being a part of the NW~ NW~ of Section 16, T-6-N, R-9-E, in the City of West Memphis, Crittenden County, Arkansas, and ',: i' Tract No. 2: Commencing at the point of intersection of the east right-of-way line of Walker Avenue and the south right-of-way line of U. S. Highway 70; thence south 600 feat along said east right-of-vvay line ~ to the point of beginning,, thence continue pouch 276, 0 feet along said ~ east right-of-wdy line; thence east 1000, 0 feet along the north line a`' ' of Mid Continent Apartrriente lot; thence north 276. 0 fbet; thence west 1000 feet to the point of beginning, being a part of the NW~ NWT of Section lb, T-6-N, R-9-E, in the City. of West Memphis, Crittenden County, Arkansas, such application being to change Tract No. 1 from C-5 to RM-Land Tract No. 2 WHEREAS, notice was duly published on May A, 1970, stating the nature of the petition for rezoning and calling on all interested persona to be ,in attendance and Mate their objections if any; and WHEREAS, the application was presented to the Planning Commission at its meeting on June 24 .'.970, and no person appeared to object to such rezoning , application, and by motion made, duly seconded and unanimously a$opted the Planning. Commission recommended that MtiCh petition be approved, and the City Council deems it appropriate to grahk ~e retlloning requested. - ' NOW, THEREFORE, be it ordained fiy the Cit~ Council of the City of West Memphis, Arkansas: Section 1. That Tract No. 1 Commencing at the point of inters$cb~on of thb eaet~line of Wallcer Avenue and the south right-of-way lint of U, S. Highway 70; thence south along said right-of-way line 500 feet fb the point of beginning; thence east 600 feet along the south line of Ryan Chevrolet Company lot; thence north 100. 0 feet, thence east 400 feet; thence south 200 feet to a point; thence west 1000. 0 feat to a point on the east right-of-way line of Wallcer Avenue; thence north 100 feet to the point of beginning; being a part of the NW} NW4 of Section 16, T-6-N, R-9-E, in the City of Weet Memphis, Crittenden County, Arkansas, now zoned C- 6 be, and the same is hereby, rezoned RM-1, and Tract No. 2 Commencing at the point of intersection of the east right-of-way line of Wallcer Avenue and the south right-of-way line of U, S, Highway ?0; thence south 600 feet along said east right-of-way line to the point of beginning; thence continue south 276, 0 feel: along said east right-of-way line; thence east 1000. 0 feet along the north line of Mid Continent Apartments lot; thence north 276, 0 feet; thence west 1000 feet to the point of beginning, being a part of the NWT NW~ of Section 16, T-6-N, R-9-E, in the City of West Memphis, Crittenden County, ~~ Arkansas, now zoned M-2 be, and the same ie hereby, rezoned RS-6. Section 2. All ordinances or parts of ordinances in conflict herewith are hereby repealed. Section 3, Emergency Clause, It is found and declared by the City „ Council of the City of Weet Memphis that this Ordinance is necessary for the growth and expansion of the City of West Memphis; therefore, an emergency ie hereby declared to exist, and, this Ordinance shall be in full force and effect from and after its passage and approval. Section 4. A copy of this Ordinance, when duly certified by the City Cllrk shall be fild and recorded with the Circuit Court Clerk and Hx-officio Recorder within and for Crittenden County, Arkansas, and published as by lae- R required. *k*tk~keMk~lk Alderman Bowie introduced an ordinance entitled "An Ordinance To Repeal Ordinance No. 649 To Rezone Blocks 1, 2 And 3 Of The Beck Subdivision, Lying In The NWT Of Section 17, T-6-N, R-9-E, In The City Of West Memphis, Arkansas, Recorded In Book 440 At Page 609 On October 8, 1970, Records Of Crittenden County, Arkansas" and the City Attorney read the ordinance in full. Alderman Horton, 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. The Mayor put the question on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Bowie, Dabbs, Horton, Hutcherson, Mellott, Smith, and Weia. No: None. Thereupon the Mayor declared that at least two-thirds of all members of th a Council having voted in favor of the motion to suspend the rule, the motion was carried and the ti's suspended. The ordinance was then read the second time by the City Attorney. Alderman Weis, seconded by Alderman Smith 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: Alderman: Bowie, Dabbs, Horton, Hutcherson, Mellott, Smith, and Weis. No: None. 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 Hutcherson, seconded by Alderman Mellott, 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: Bowie, Dabbs, Hrton, Hutcherson, Mellott, Smith, and Weis. No: None. Alderman Bowie, seconded by Alderman Horton, moved that Section 2 the emergency clause be adopted, and on roll call the following voted: Aye: Aldermen: Bowie, Dabbs, Horton, Hutcherson, Mellott, Smith, and Weis. No: None. 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. 653. The ordinance read as follows: AN ORDINANCE TO REPEAL ORDINANCE NO. 649 TO REZONE BLOCKS 1, 2 AND 3 OF THE BECK SUBDIVISION, LYING IN THF. . ; NW4 OF SECTION 17, T-6-N, R-9-E, IN THE CITY OF WEST MEMPHIS, ARKANSAS, RECORDED IN BOOK 440 AT`PAGE 6.09 ON OCTOBER 8, 1970, RECORDS OF CRITTENDEN COUNTY, ARKANSAS. WHEREAS, certain errors in the legal description were made in the above Ordinance which was adapted at a meeting of the West Memphis City Council on the let day of October, 1970; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST ~ MEMPHIS: RF.C.TTf1N 1 Ordinance No. 649 recorded in Book 440 at Page 609 on October 8, 1970, records of Crittenden County, Arkansas is hereby repealed. SECTION 2. EMERGENCY CLAUSE: It ie found and declared by the City Council of the City of Weet Memphis that this Ordinance ie necessary for the growth and expansion of the City of West Memphis; therefore, an emergency ie hereby declared to exist, and, this Ordinance shall be in full farce and effect from and after its passage and approval. ,SECTION 3: A copy of this Ordinance, when duly certi#ied by the City Clerk shall be filed and recorded with the Circuit Court Clark and Ex-Officio Recorder within Alderman Hutcherson introduced an ordinance entitled:•"An Ordinance To Rezone Block 2 Of The Beck Subdivision, Lying In The NWI; Of Section 16, T-6-N, R-9-E, In The City Of bleat Memphis, Arkansas" and the City Attorney read the ordinance in full. Alderman Mellott, seconded by Alderman Bowie 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: Aqe: Aldermen: Bowie, D~abba, Horton, Hutcherson, Mellott, Smith, and Weis. 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 waa then read the second time by the City Attorney. r. a. Alderman Horton, seconded by Alderman Dabbe then move ~~ at 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: Bowie, Dabbe, Horton, Hutcherson, Mailott, Smith, and Weis. No: None. 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 Weis, seconded by Alderman Smith, moved that the ordinance be adopted. The question was put b~e.,~layor on the adoption of the motion and the roll being called, the following voted: .~ 7~~... ! 4 Aye:"'~f-ldermen: Bowie, Dabbs, Horton, Hutcherson, Mellott, Smith, and Weis. No: None. Alderman Hutcherson, seconded by Alderman Mellott moved that Section 3 the emergency clause be adopted, and on roll call the following voted: Aye: Aldermen: Bowie, Dabbe, Horton, Hutcherson, Mailott, Smith, and Weis. No: None. The Mayor thereupon declared the ordinance and the emergency clause adopted and signed the ordinance, which was attested by the City Clerk and impreaBed with the seal of the City. The ordinance was given No. 653. The ordinance read as follows: _ __ _ _ ORDINANCE NO:~ ` ` AN ORDINANCE TO REZONE 87aOCK 2 OF THE BECK SUBDIVISION, LYINCI IN THE NW4 OF SECTION 16, T-6-N, A-9-E, IN THE CITY OF WEST MEMPHIS, ARKANSAS. WHEREAS, Guaranty Loan & Real Estate Co, has petitioned the Planning Commission of the City of West Memphis to rb-zone certain property hereinafter described; and WHEREAS, notice was duly published on September 4, 1970, ae provided by law of a hearing to be held before the West Memphis City Planning Commission at 3:30 P, M. on September 30, 1970, for the purpose of hearing any interested parties in connection with the re-zoning of said lands; and WHEREAS, at e~id meeting on September 30, 1970, said petition was con- sidered by the Planning Commission and no pera~ns appearing to protest the same, the Planning Commission recommended to the City Council that said petition be granted: NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS: ~~i SECTION I: That Tract No, 1 - Said, tract lying in the N`W~ of Section 16,,,T-6-N, R-9-E, Crittenden County, Arkansas, to wit: Commencing at the point of intersection of the south right-of-way line of U, S. Highway 70 and the east right-of- way line of Walker Avenue; thence south along the east right-of-way line of Walker Avenue 600. 0 feet to the point of beginning; thence east on a line parallel to the south line of Ryan lot 642. 0 feet; thence south 138 feet; thence west 642. 0 feet to the east right-of-way line of Walker Avenue; thence north 138 feet to the point of beginning, being a part of Tract No. 2 zoned RS-5 by Ordinance No. 641-recorded in Book 438 at page 497 in the office of the Circuit Court Clerk and Ex-Officio Recorder of Crittenden County, Arkansas, ~~ be and the same is hereby ra-zoned RM- 1, Multiple Family Residence District. That Tract No. 2 - Said tract lying in the NW~ of Section 16, T-6-N, R-9-E, Crittenden - County, Arkansas, to wit: Commencing at the point of intersection of the south right-of-way line, of U. S. Highway 70 and the eaet~right-,of-way line of Wallcer Avenue, thence south along the east right.. of-way line of ~ Walker Avenue 500. 0 feet to the southwest corner of the Ryan lot; thence east 600, 0 feet along the south line of the Ryan lot to the southeast corner of said lot, said point being the point of beginning; thence north 100.0 ~~ feet; thence east 400.0 feet; thence south 200, 0 feet; thence west 358 feet; thence north 100, 0 feet; thence west 42, 0 feet to the point of beginning, being a part of Tract No. 1 zoned RM-1 by Ordinance No. 641 recorded in Book 438 at page. 497 in the office of the Circuit Court Clerk and Ex-Officio Recorder of Crittenden County, Arkansas, be and the same is hereby re-zoned RS-5, Single Family Residence. District. SECTION Z; All ordinances or parts of ordinances in conflidt herewith are hereby repealed. SECTION 3, EMERGENCY CLAUSD: 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. SECTION 4: A copy of this ordinance, when duly certified by the City Clork shall be filed and recorded with the Circuit Court Clerk and Ex-Officio Recorder within and for Crittenden County, Arkansas, and published as by law re4ulred._ 2~~ Alderman Horton presented request from the Board of the Girls' Club for a monthly appropriation to assist in the maintenance of the Club. Funds available, appropriations made by the City to the Boys' Club and Wonder Boys' Club were discussed. Mayor Rodgers appointed a committee of Alderman Horton, Chairman, and Aldermen Weia and Elabbs to present a recommendation. Thereupon, motion was made by Alderman Mellott, seconded by Alderman Bowie: That $175.00 a month be appropriated for the Girls' Club. Upon vote, the voting was as follows: Aye: Aldermen: Bcnrie, Dabbs, Horton, Hutcherson, Mellott, Smith, and Weis. No: None. Mr. Doyle Crawford requested information on financial condition of the City, and was advised by the Mayor that expenses are close to budget appropriations, that grants from Utility Commission are over the pro rata share but under total amount due. Mr. Don Grimsley discussed the destruction of political signs with the Council. Due to an error in the legal description of a plat of Beck Subdivision approved on October 1st, motion was made by Alderman Weis, seconded by Alderman Mellott: That new plat of Beck Subdivision describing the subdivision as lying in the NWT Of Section 16, T-6-N, R-9-E be approved. Upon vote, the voting was as follows: Aye: Aldermen: Bowie, Dabba, Horton, Hutcherson, Mellott, Smith, and Weis. No: None. '~ ATTE :. ` CITY RK MAYOR APPROVED: NOVEMBER 5, 1970