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February 3, 1966MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST ,MEMPHIS, ARKANSAS, HELD AT THE CITY HALL IN SAID CITY ON THE 3RD DAY OF FEBRUARY, 1966. _ ii-_ __._ ___:.__~ - ____ _~ ~. --- - ---- --- ------ _- ---- -----~-- The City Council of the City of West Memphis, Arkansas, met in regular session at its regular meeting place in West Memphis, Arkansas, at 3:00 o'clock P.M ., on the 3rd day of February, 1966. The following were present: Mayor Bob Eden, City Attorney W. H. Dillahunty, and Aldermen: Earl Felts, Kirby Leggett, Paul Matthews, C. H. Rowton, F. C. Weis, and R. C. Bowie. Absent: Aldermen: Franklin Bassett and 0. I. Bollinger. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Meeting on January 20, 1966, were approved as read. Mayor Eden announced the first order of business would be hearing on Petition of Leonard G. .Warden, Leonard G. Warden, Jr., and Ruby N. Warden to vacate a portion of Oliver Street in accordance with Notice published January 7th and 11th in the Evening Times. Mr. Everard Weisburd, Attorney for pe~i.tioners, commented on the matter and presented the following Affidavits: STATE OF ARKANSAS COUNTY OF CRITTENDEN I, Charlie Bernard, being duly sworn, state: That I have resided in West Memphis for 35 years: that I am bookkeeper for the M. L. Thompson Estate and have been for 25 years; that in the course of my employment I represent my employer in transactions having to do with the property of the M. L. Thompson Estate; that I am very familiar with the lots, blocks and streets and general layout of M. L. Thompson's Third Addition as shown in plats filed in Plat Book Number 1 at pages 161 and 184 in the office of the Circuit Clerk and Ex-Officio Record of Crittenden County, Arkansas; that I know, of my own personal knowledge, that that portion of Oliver Avenue running between Fourth Street on the east and the right-of-way of the St. Louis-San Francisco Railway on the west has never been opened, graded, improved or used as a street at arty time since M. L. Thompson's Third Addition has been in existence. /S/ CHARLIE BERNHARD (Mrs. Paul Bernhard) STATE OF ARKANSAS COUNTY OF CRITTENDEN I, W. B. Fordyce, being duly sown, state: That I have resided in West Memphis, Arkansas for 19 years; that I am in the real estate business and I am Manager of Crittenden Abstract & Title Company, Inc.; that I am familiar with the lots, blocks, streets, and general layout of M. L. Thompson's Third Addition as shown by plats filed in Plat Book "1" at Pages 161 and 184 in the office of the Circuit Clerk and Ex-Officio Recorder of Crittenden County, Arkansas; that I know of my own personal knowledge, that that portbn of Oliver Avenue running between Fourth Street on the east and the right-of-way of the St. Louis-San Francisco Railway on the west has never been opened, graded, improved or used as a street at any time since I have resided in West Memphis. /S/ W. B. FORDYCE -x-x~ No one appeared to protest the vacating of the street. After discussion, Alderman Rowton introduced an ordinace entitled "An Ordinance To Vacate A Portion Of Oliver Avenue In The City Of West Memphis, Crittenden County, Arkansas, Declaring An Emergency, And For Other Purposes" and Alderman Weis read the ordinance in full. Alderman Bowie, seconded by Alderman Matthews, 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: Yes: Aldermen: Felts, Leggett, Matthews, Rowton, Weis, and Bowie. Nay: 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 was then read by Alderman Weis. Alderman Felts, seconded by Alderman Leggett then moved that the rule requiring the reading of an ordinance in full on three diff@rent 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: Yes: Aldermen: Felts, Leggett, Matthews, Rowton, Weis, and Bowie. Nay: 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 by Alderman Weis. Alderman Rowton, seconded by Alderman Bowie, 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: Yes: Aldermen: Felts, Leggett, Matthews, Rowton, IrJeis, and Bowie. Nay: None. ---- Alderman Matthews, seconded by Alderman Felts, moved that Section 3, the emergency clause be adopted, and on roll call the following voted: Yes: Aldermen: Felts, Leggett, Matthews, Rowton, Weis, and Bowie. 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. 492. The ordinance read as follows: ORDINANCE NUMBER 492 _:~ AN ORDINANCE TO VACATE A PORTION OF OLZVER AVENUE IN THE CITY OF WEST MEMPHIS, CRITTENDEN COUNTY, ARKANSAS, DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES. WHEREAS, Leonard G. Warden, Leonard G. Warden, Jr., and Ruby Warden have filed a petition with the City Council of the City of West Memphis, Arkansas requesting that the portion of Oliver Avenue bounded on the east by the west boundary line of Fourth Street and bounded on the west by the east boundary line of the right-of-way of the St. Louis-San Francisco Railway be vacated, and; WHEREAS, notice was 'duly given of a hearing to be held before the City Council of the City of West Memphis, Arkansas at 3:00 P.M. on February 3, 1966 for the purpose of hearing any interested persons in connection with the vacating of the said portion of Oliver Avenue, and; WHEREAS, at said meeting the petitioners appeared and requested that the said portion of Oliver Avenue be vacated, and no persons appeared to protest the same, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section I. That that portion of Oliver Avenue bounded on the east by the west boundary line of Fourth Street and bounded on the west by the east boundary line of the right-of-way of the St. Louis-San Francisco Railway, be, and the same hereby is, vacated and abandoned. Section II. All Ordinances in conflict herewith are hereby repealed. Section III. Emergency Clause: It is found by the City Council that this Ordinance is necessary for the growth and expansion of the City of West Memphis and in order to better provide for the safety, welfare, comfort and convenience of the inhabitants of the City of West Memphis, and therefore, an emergency is hereby declared to exist and this 6rdinance shall be in full force and effect from and after its passage, approval and publication as required by law. Section Iv. A copy of this 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 Ex-Officio Recorder within and for Crittenden County, Arkansas. Mr. V. V. Anderson, Special Representative of The Atchison, Topeka & Santa Fee Ra~.way Company, who had requested permission to appear was granted ten minutes. Mr. Anderson outlined proceedings before the Interstate Commerce Commission involving the proposed merger of the Chicago, Rock Island and Pacific Railway in which the Union Pacific and the Southern Pacific are attempting to obtain the Rock Island, and the Chicago and North Western Railway Company is applying for authority to acquire stock control of the Rock Island whereby Santa Fe proposes to purchase certain properties of the Rock Island. Mr. Anderson requested the City to join Santa Fe Railway by Petition of Intervention in behalf of North Western Railway Company, and if North Western is successful in buying the Rock Island that the City recommend Santa Fe Railay be granted the southern portion. Mayor Eden informed Mr. Anderson before any action is taken by the Council it would be necessary to have the proposed documents sent to the City for examination. The Council was informed the County Court of Crittenden County on December 28, 1965, had ordered the annexation of property to the City of West Memphis upon petition of McCarley-Rainer, Inc., et al. After discussion, Alderman Leggett introduced an ordinance entitled "An Ordinance Annexing The Following Described Real Estate Lying And Being Situate In The County Of Crittenden, State Of Arkansas, To-Wit:" and Alderman Felts read the ordinance in full. Alderman Matthews, 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: Yes: Aldermen: Felts, Leggett, Matthews, Rowton, Weis, and Bowie. 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 was then read by Alderman Felts. Alderman Matthews, seconded by Alderman Bowie 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: Yes: Aldermen: Felts, Leggett, Matthews, Rowton, Weis, and Bowie. Noe: None. =i's 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 by Alderman Weis. Alderman Rowton, seconded by Alderman Leggett, 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: Yes: Aldermen: Felts, Leggett, Matthews, Rowton, Weis, and Bowie. No: None. y~ Alderman Felts, seconded by Alderman Matthews, moved that Section 2, the emergency clause be adopted, and on roll call the following voted: Yes: Aldermen: Felts, Leggett, Matthews, Rowtcn, Weis, and BOwE. 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. 493. ORDINANCE N0. 493 AN ORDINANCE ANNEXING THE FOLLOWING DESCRIED REAL ESTATE LYING AND BEING SITUATE IN THE COUNTY OF CRITTENDEN, STATE OF ARKANSAS, TO-WIT: Beginning at a point on the city limits of the City of West Memphis, Arkansas, that is 1100 feet south of the center of Section 13, Township 6 North, Range 8 East, thence west 1820 feet, thence north on a line parallel to the center line of South Avalon Street to a point that is 587 feet south of the center line of U. S. Highway 70, thence west 82l~.7 feet on a line parallel to and 587 feet south of the center line of Highway 70 to a point on the line between Sections 13 and 14, thence continue west 615 feet, thence north 587 feet to a point on the center line of Highway 70, thence east along the center line of Highway 70 to the point of intersection with the existing city limits, thence along said city limits to the point of beginning, containing 113 acres, more or less. WHEREAS, on the 23rd day of November, 1965, owners of the above described land filed a petition in the County Court of Crittenden County, Arkansas; pursuant to the petition the County Court on the 28th day of December, 1965, heard said petition and issued its order granting the petition for annexation of said land to the City of West Memphis; that no objections were filed and on the 28th day of January, 1966, (a day more than 30 days after the original order of annexation), a final order of annexation was entered by the County Court; and WHEREAS, it would be to the iaest interest of the City of West Memphis and the citizens thereof that said property be annexed to the City of West Memphis; NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS: SECTION I: That the following described land lying and being situate in the County of Crittenden, State of Arkansas, to-wit: Beginning at a point on the city limits of the City of West Memphis, Arkansas, that is 1100 feet south of the center of Section 13, Township 6 North, Range 8 East, thence west 1820 feet, thence north on a line parallel to the center line of South Avalon Street to a point that is 587 feet south of the center line of U. S. Highway 70, thence west 82l~.7 feet on a line parallel to and 587 feet south of the center line of Highway 70 to a point on the line between Sections 13 and 1l~, thence continue west 615 feet, thence north 587 feet to a point on the center line of Highway 70, thence east along the center line of Highway 70 to the point of intersection with the exis~ng city limits, thence along said city limits to the point of beginning, containing 113 acres, more or less; be and the same is hereby annexed and incorporated into the City of West Memphis, Arkansas. SECTION II: EMERGENCY CLAUSE - It is hereby ascertained and declared to be a fact that said land is in the process of development; that the extension of the city limits represents the natural growth of the city of West Memphis, and that the passage of this ordinance is in the interest of the public peace, health, safety and welfare of the citizens 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 III: COPY OF ORDINANCE FILED FOR RECORD - A copy of this ordinance when duly certified by the City'~Clerk shall be subject to being filed for record in the office of the Circuit Clerk and Ex-Officio Recorder within and for Crittenden County, Arkansas, and arty other office in which there may be necessity for filing same. ~~t-;s,~ l~ti ,~ I Mayor Eden recommended to the Council the reappointment of Mrs. P. M. Dacus and j Dr. M. D. Deneke as Library Trustees for a six year term. After discussion, motion was made by Alderman Rowton: That Mrs. P. M. Dacus and Dr. M. D. Deneke be appointed in accordance with Ordinance No. 3111. The motion was seconded by Alderman Matthews, and upon vote, the voting was as follows: ~I Yes: Aldermen: Bowie, Felts, Leggett, Matthews, Rowton, Weis, and Bollinger. i No: Rlone. The Mayor informed the Council the members of the Board of Plumbing Examiners and Gas Examiners terms of office had expired, and recommended the reappointment of the Boards. Thereupon, motion was made by Alderman Leggett: That Glen May, Carl Reavis, Harvey White, and W. A. Perrine be appointed for a term of one year on the Board of Plumbing Examiners and Board of Gas Examiners. The motion was seconded by Alderman Matthews. Upon vote, the voting was as follows: Yes: Aldermen: Bowie, Felts, Leggett, Matthews, Rowton, Weis, and Bollinger. No: None. Mayor Eden presented the final Budget for 1966. Motion was made by Alderman Leggett: That the 1966 Budget be approved, and the Mayor be authorized to request Grant from the West Memphis Utility Commission in the amount of $259,520.31. The motion was seconded by Alderman Leggett. Upon vote, the voting was as follows: Yes: Aldermen: Bowie, Felts, Leggett, Matthews, Rowton, Weis, and Bollinger. No: None. Alderman Weis brought to the Councils attention the traffic at the intersection of North Bond and Oliver. Engineer Charles Hampton stated a survey had been made and signs for control of traffic are being prepared. Mayor Eden reported the Arkansas Highway Department has approved installation of I'~j flashing beacons at Dover Road and Missouri, Walker and Broadway, but refused request for Broadway and Rich Road as too near the light at Pearce and Broadway for effectiveness, however, stated a sign notifying a dangerous intersection could be erected. Engineer Charles Hampton reported a wider culvert is needed for the Rich Road approach to the highway, the Mayor stated the matter would be reported to the Highway Department. Efforts of the City for the past two years to have the Arkansas Highway Department ~ erect a sign on Kuhn Road designating the Municipal Airport were reported by the Mayor, who stated permission had been received provided the City pays for the $6,000 sign. The Dlayor stated the cost was prohibitive £or the City, and suggested that the name of Kuhn Road be changed to Airport Road. After discussion, motion was made by Alderman Felts: That the City Attorney be instructed to prepare a Resolution recommending changing of name of Kuhn Road '~ to Airport Road. The motion was seconded by Alderman Rowton. Upon vote, the voting was as ~' follows: Yes: Aldermen: Bowie, Felts, Leggett, Matthews, Rowton, Weis, and Bollinger. No: None. There being no further business, the meeting was adjourned. ~ 4 ~, /~ ,~~y i ~1;-~~ `~ I ~ OR ATTE ~' ,mot CITY CL APPROVED: FEBRUARY 17, 1966