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April 21, 1966~i2 MINUTES 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 21ST DAY OF APRIL, 1966. The City Council of the City of West Memphis, Arkansas, met in regular session at its regular meeting place in West Memphis, Arkansas, a~ 3:00 o'clock P.M. on the 21st day of April, 1966. The following were present: Mayor Bob Eden, City Attorney W. H. Dillahunty, and Aldermen: 0. I. Bollinger, R. C. Bowie, Earl Felts, Kirby Leggett, Paul Matthews, C. H. Rowton, F. C. Weis, and Franklin Bassett. Absent: None. The following proceedings were had to-wit: Minutes of Council Meeting on April 7`1966, were approved as read. Mayor Eden revealed to the delegation of approximately forty citizens from the northeastern section of the city plans for two branch libraries in connection with the construction of the two community centers. The Mayor stated bids for the two libraries were in excess of the funds available after the community centers were constructed. Also, representatives of the National Library Board and State Library Hoard had made surveys in West Memphis, and recommended one library to be constructed in the center of the population use it would be adequate inasmuch as the cost of operation of a branch library would be $7,000 to $10,000 annually. The Mayor informed those present he had contacted real estate companies and others in an effort to obtain property, and the following offer had been received: April 11, 1966 Mayor Bob Eden City of West Memphis West Memphis, Arkansas Dear Bob: This will confirm our offer to sell to the City of West Memphis 100 feet of frontage on East Broadway between the Pig-N-Poke and the Dolly Madison Bakery for the sum of $20,000.00. Fde will accept $10,000.00 cash in 1966 and $10,000.00 in 1967 without interest. This offer good for thirty days. Yours very truly, GUARANTY LOAN & REAL ESTATE CO. /S/ JACK W. RICH Chairman The Council was informed a grant of $10,000 can be obtained from the Utility Commission for the 1966 payment. The question of locating the library in the vicinity of Maddux School was discussed, and the Mayor stated the area is not in a central location, and the property has not been donated to the City by the School Board. Among those speaking in opposition to locating a library on Broadway due to the traffic hazard and no sidewalks to the proposed location were: Mrs. C. F. (Goldie) Bassett - 2909 Beatty Jim Sawyer - 1912 McAuley Drive N Charles Jaudon - 800 Ingram W. H. Goforth - 717 Sulla Lane sirs. Wilson Woods - 2004 Twist Mrs. Harold Cook - 1916 McAuley Drive N. After discussion of the recommendations of the National, State, and local Library Commissions, accessibility to population, finances, location of the Library on Avalon Street, motion was made by Alderman Leggett: That a grant of $10,000 be requested from the Utility Commission for the purpose of purchasing 100 feet on East Broadway between Pig-N-Poke and the Dolly Madison Bakery for the site of a Branch library. The motion was seconded by Alderman Weis. Upon roll call vote, the following voted: Yes: Aldermen: Bollinger, Felts, Leggett, Matthews, Rowton, and Weis. No: Aldermen: Bowie and Bassett. The motion carried. The Mayor brought to the Council's attention Mr. Bill Manning was the low bidder on the two branch libraries of $40,000, however, taking into consideration a contractor could not. bid on one building as low as two identical buildings a negotiated amount of $20,783 was presented. The City Attorney advised the Council it is legal to negotiate a bid amount as long as the amount is 50~ below the next high bid. After discussion of increase in material and labor since the bids were received January 6, 1966, and other pertinent matters, motion was made by Alderman Rowton: That the Mayor and City Clerk be authorized to execute contract with Bill Manning for one library in the sum of $20,783. The motion was seconded by Alderman Weis. Upon roll call vote, the voting was as follows: Yes: Aldermen: Bollinger, Felts, Leggett, Matthews, Rowton, and Weis. No: Aldermen: Bowie and Bassett. The motion carried. Mayor Eden informed those present that the rezoning of Lot 23, Block 1, Memphis View Subdivision requested by J & M Investment Company had become a controversial issue, and explained the circumstances of the Planning Commission Meeting on April 7th. The Mayor stated he was of the opinion it was advantageous to the citizens of the area for the information he had on the rezoning question not to be presented in public, and that was the reason the Planning Commission recessed for discussion of the matter, and later reported the vote as three to two in favor of the rezoning to keep people involved from getting mad at one another while in fact all members of the Commission were in favor of the rezoning due to restrictions of the Bill of Assurance which permitted commercial development and only prohibited the construction of a liquor store in the area. :. The Council was informed an ordinance entitled: "An Ordinance To Re-Zone And Re-Designate Certain Property In The City Of West Memphis, Arkansas" had been received for action of the Council and the ordinance could now be introduced or the Council can refuse to take action on the matter. Attorney J. H. Spears in behalf of J & P4 Investment Company, was present and requested permission to withdraw the proposed ordinance stating the Bill of Assurance dated April 15, 1952, prevails, and it is not necessary for the owners to request the rezoning. Attorney Spears cited various Court Decisions on the matter. Mr. Charles Jaudon acting as spokesman for the citizens opposing the rezoning expressed their views. After discussion of legal aspects of the zoning question, bills of assurance, the City's jurisdiction and obligations in the matter, motion was made by Alderman Weis: That Attorney J. H. Spears be allowed to withdraw the ordinance. The motion was seconded by Alderman Felts. Upon vote, the voting was as follows: Yes: Aldermen: Bollinger, Bowie, Felts, Leggett, Matthews, Rowton, Weis, and Bassett. No: None. Thereupon, motion was made by Alderman Felts: That the City Council go on record supporting Building Inspector Perrine's issuing a permit as requested so long as does not violate provisions of the Bill of Assurance. The motion was seconded by Alderman Weis. Upon roll call vote, the voting was as follows: Yes: Aldermen: Bollinger, Felts, Leggett, Matthews, Rowton, and Weis. No: Aldermen: Bowie and Bassett. The motion carried. After a brief recess, the meeting reconvened, and Mayor Eden announced the next order of business would be the receiving of bids for Cable T.V. Bids were received from West Memphis T.V. Cable, In: and Ark-Cable. Mr. C. B. Nance, Jr. in behalf of Ark-Dable took issue with the other bid in that the company is not in corporate existence in the State of Arkansas at this time, and Ark-Cable is. Mr. Ray Josh of West Memphis TV Cable, Inc. was present and stated the company is in the process of incorporating and is not a promotional corporation. The percentages offered, franchise years, installation charges, and other matters were discussed. Motion was made by Alderman Weis: That the City issue franchise to Ark-Cable as per bid submitted. The motion was seconded by Alderman Felts. Upon roll call vote, the following voted: Yes: Aldermen: Bollinger, Felts, Leggett, Rowton, Weis. No: Aldermen: Matthews and Bassett. Alderman Bowie abstained from voting. The motion carried. No further business being presented, the meeting was adjourned. r ~ `~ ~ MAYOR ATTE CITY C APPROVED: NiAY 5, 1966