July 7, 1966~~:
MINUTES OF REGULAR hEETING OF THE CITY COUNCIL OF THE CITY OF WEST NIII~IPHIS, ARKANSAS,
HELD. AT THE CITY HALL IN SAID CITY ON THE 7TH DAY OF JULY. 1966.
The City Council of the City of West Memphis, Arkansas, met in a regular session at its
regular meeting place in iJest Memphis, Arkansas, at 3:00 o'clock P.M, on the 7th day of July,
1966. The following were present: Aldermen: F. C. 4deis, Franklin Bassett, 0. I. Bollinger,
R. C, Bowie, Earl Felts, Kirby Leggett, Paul Matthews, and C. H. Rowton; and City Attorney
W. H. Dillahunty.
Absent: None.
The following proceedings were had to-wit:
Minutes of Council N:eeting on Ju~}e~ 16, 1966, were approved as read.
Mr. Julian B. Fogleman, representing Twin City Development Company, appeared to request
adoption of an ordinance rezoning property known as Lake Shore Estates lying north of the
present city limits between FJest Memphis and Marion. Mr. Fogleman informed the Council the
City Planning Commission on N:ay 9, 1963, recommended the rezoning of the area to an RT,
Residential District, and a C-5, General Commercial District. The recommendation of the
Commission was forwarded to the County Planning Commission on Nlay 14, 1963; however, due to
a quorum not being present at the June Meeting of the County Planning Commission no action
was taken. The zoning law applicable at that time provided if the County Planning Commission
does not take action within twenty days then the City has jurisdiction in the matter, however,
a 1965 Act of the Arkansas Legislature provides a city now has exclusive control over a
planning area within five miles of a city's limits or half way between two cities.
Iir. Abbott Uliddicombe, President of Twin City Development Company and NIr. Cy Bond, Jr., a
stockholder of said company, were present. Nir. Fogleman brought to the Council's attention
the lots in the area are to be sold to individuals under convenants, which will stipulate set
backs and placement of trailers on lots, and will prevent owners from renting for day use. The
ordinance entitled "An Ordinance Rezoning Property Within The Zoniig Area Of The City Of
West Memphis And Lying In The South Half Of Section 36, Township 7 North, Range 8 East, And
West Of Interstate Highway No. 55" was read by City Attorney W. H. Dillahunty. After .discussion,
Alderman Rowton introduced the ordinance. Alderman Weis, 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
o£ the motion and the roll being called, the following voted:
Aye: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Matthews, and Rowton.
Nay: None.
Thereupon the Nlayor 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 City Attorney.
Alderman Bollinger, seconded by Alderman Matthews 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 N,ayor put the question on the adoption of the
motion and the roll being called the following voted:
Aye: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Matthews, and Rowton.
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 Bassett.
Alderman Leggett, seconded by Alderman Felts, 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: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Matthews, and Rowton.
Nay: None.
Alderman Rowton, seconded by Alderman Weis, moved that Section 1:, the emergency clause, be
adopted, and on roll call the following voted:
Aye: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Matthews, and Rowton.
Nay: None.
The Nlayor 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. 502.
56
ORDINANCE NO. '~(:~r
AN OP~DINANCE REZONING PROPERTY WITHIN THE ZONING AREA OF
THE CITY OF WEST MEMPHIS AND LYING IN THE SOUTH HALF OF
SECTION 36, TOWNSHIP 7 NORTH, RANGE 8 EAST, AND WEST OF
1NTERS'PATE HIGHWAY NO. 55.
WHEREAS, Twin City Development Company, Inc., is the owner
of lands located in Section 36, Township 7 North, Range 8 East, Crittenden
County, Arkansas, as is hereinafter more specifically described and designated;
and,
WH]J'REAS, C. V. Goodwin, who was then President and principal
stockholder of Twin City Development Company, Inc . , filed an application
with the Planning Commission of the City of West Memphis, Arkansas, on
April 18, 1963, to a°ezone a portion of the lands of the corporation as RT and
another portion thereof as C-5, as hereinafter more specifically described; and,
WHEREAS, the Planning Commission of the City of West Memphis
set a hearing on such petition for May 9, 1963, and published notice of the
same for the time and i.n th.e manner required by law and, on May 9, 1963,
at a regular meeting of the Commission, conducted a hearing upon the petition,
a.nd by the unanimous vote of all members of the Planning Commission present
approved the application of C. V. Goodwin for rezoning and also approved a
preliminary plot plan for Twin City Development Company, Inc„ which was
submitted at such regular meeting of the City Planning Commission; and,
WHEREAS, the application for rezoning with notice of approval
thereof was forwarded by the Chairman of the Planning Commission of the
City of West Memphis to the Crittenden County Flanning Commission by letter
of D~'lay 14, 1963, in order that the matter might be acted upon by the
Crittenden County Planning Commission as was then provided by law, but,
although the County Planning Commission was required to act upon such
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applications within 20 days from the filing of such application with that Board,
the Crittenden County Planning Commission did not act upon the application by
reason of the lack of a quorum at a meeting called for that purpose and has,
in fact, never taken any action upon such application and by reason of the
faihtr. e of the Crittenden County Planning Commission to approve or disapprove
the application, the action of the Planning Commission of the City of West
Memphis is effective and gives the City Council of the City of West Memphis
the attthorit;y to enact an ordinance according to such application as approved; and,
WHEREAS, at the time the application was filed the City and
County Planning Commissions had joint authority with reference to the
zoning attcl planning of areas outside the City limits but within five (5) miles
thereof, but by Ac± 138 of 1965 of the Acts of Arkansas any city having a
planning commission was vested with exclusive territorial jurisdiction for the
purposes of planning and zoning; and,
WHEREAS, it is appropriate that the action of the Planning
Comtnlssion of the City of West Memphis in approving t11e application of C. V.
Goodwin for the rezoning of the lands of Twin City Development Company, Inc.,
be carried into effect by the adoption of an ordinance for that purpose;
NOlF7, THEREFORE, PE IT ORDAINED by the C.,ity Council of
West Memphis, Arkansas:
Section 1. That the territory hereinafter described be and it is
hereby .rezoned and designated as RT, Residential District, to-wit:
Part of the South Half (Sz) of the Southwest C~luarter (SW~)
of Section Thirty-six (36), Township Seven (7) North,
Range Eight (8) East; beginning at a point on the South line
of Section Thirty-six (36), Township Seven (7) North, Range
Eight (8) East, that is 330.0 feet east of the Southwest corner
of Section Thirty-six (36), thence east 780.0 feet along
the south line of Section 36, thence north 216.0 feet, thence
east 150.0 feet, thence south 216.0 feet to the south line of
Section 36, thence east 599.8 feet along the south line of
Scctic~n 36, thence north 260.0 feet, thence west 180.0
feet to the east bank line of the lake, thence northwesterly
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along said line of the lal~e to a point 170.0 feet south
of the north line of the south half of the Southwest Quarter
(SW~,) of Section 36, thence east on a line parallel to and
170.0 feet south of the north line of the South Half (S~)
Southwest Quarter (SW4) of Section 36, to the west right
of way line of Highway 55, thence north along the west
right of way line to the north line of the South Half (Sz)
Southwest Quarter (SW~) of Section 36, thence west along
said north line 1574.2 feet, thence south 1325.2 feet to
the point of beginning.
Section 2. That the territory hereinafter described be, and
it is hereby, zoned as C-5, General Commercial District, to-wit:
Commencing at the Southwest cor. ner of Section Thirty-six
(36), Township Seven (7) North, Range Eight (8) East,
thence east 1859.8 feet along the south line of Section 36,
thence north 260. 0 feet to the point of beginning, thence
north 121.0 feet, thence east 299.3 feet to the west right of
way line of Highway 55, thence north along said right of way
to a paint that is 170. 0 feet south of the north line of the
South half (SZ) of the Southwest Quarter (SW~) Section 36,
thence west to the east bank line of the lake, thence south-
easterly along the east bank line of the lake to a point 260
feet north of the south line of Section 36, thence east 180, 0
feet to the point of beginning.
Section 3, All ordinances or parts of ordinances of the City of
West Memphis in conflict herewith are hereby repealed,
Section 4 -Emergency: It is found by the Council that the zoning
of the hereinabove described lands as RA as heretofore zoned, is not appropriate
for the proper development of such territory and of the City of West Memphis
and in order to permit the proper development of such property and maintain
the system of zoning of districts in keeping with a proper city plan, it is
necessary that rezoning of the hereinabove described tracts of land be immediately
accomplished and, therefore, an emergency is found to exist and this ordinance
sh.al.l be in full force and effect from and after its passage, approval and
publication as required by l.aw. - -
Section 5. Copy of ordinance filed for record: 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.
;s~iH~
Nir. Julian B. Fogleman informed the Council the Twin City Development Company is
anxious to have the property rezoned annexed to the City Limits, and requested permission
to present the matter. It was brought to the Council's attention proceedings were commenced
in the County Court of Crittenden County in April 1966 to have the Twin City Development
Company, The Hollensworth, and The NlcGee property annexed, and that a preliminary order
had been entered, and a hearing on the final order was continued until August, lst. The
Council was advised an area can not be annexed to a City in spite of a County Court order
unless action is taken by a city to annex the property. Providing utilities, fire protection,
taxes, specifications for trailers, and the advantages and disadvantages of annexation of the
area were discussed. Thereupon, motion was made by Alderman Bassett: That action be delayed
on the annexation of the area to the'City for further consideration at next Council Meeting.
The motion was seconded by Alderman i•Iatthews. Upon vote, the voting was as follows:
Aye: Aldermen: Bassett, i°iat.thews, Bowie, Leggett.
ido: Aldermen: ti^ieis, Bollinger, Felts, and Row ton.
There being a tie vote, the I•iayor voted to delay action en the matter.
I-Ir. Everard ~^:eisburd representing Nrs. Emma B. Denson presented the following Petition:
PETITION TO VACATE PORTION OF STREET
Comes petitioner, Emma B. Denson, and for cause for this petition states:
1. That she is the owner of lots 88, 89, 90, 91, 92, 93, 94, 95, 96, 97, 98, and 99 of
Hulbert Heights Subdivision to the City of Ziest Memphis, Arkansas, according to plat prepared
by C. G. Richardson, C. E., said plat being of record in Plat Book "1" at Page !t0 in the office
of the Circuit Clerk and Ex-Officio Recorder of Crittenden County, Arkansas; that said
property abuts on that portion of P~onroe bounded on the east by the west boundary line of Cox
Avenue and bounded on the west by the east boundary line of South Avalon Street; that Monroe
Avenue is designated as 8th Street in said plat, South Avalon Street is designated as Mudge
Avenue in said plat, and Cox Street is designated as Cox Avenue in said plat.
2. That the City of iJest Memphis, Arkansas is a City of the First Class, and, in order to
better provide for the public welfare, safety, comfort, and convenience of the inhabitants of
West T^1em~his, the said motion of Plonroe Avenue, as above described, should be vacated and
abandoned for the reason that said portion of Monroe Avenue, although having been dedicated as
a public street of the City of West Memphis, Arkansas, has never been opened nor used as a
street, nor has it been graded, paved, surfaced, or improved in any manner for use as a street;
that said pootion of Nonroe Avenue is not required for corporate purposes and there is no
necessity for said portion of Monroe Avenue to now be used or in the future to be used as a
street; that it would serve no useful purpose for said portion of Monroe Avenue to be used as
a public street but on the contrary would be an unreasonable and burdensome expense to the
inhabitants of ti^lest Memphis, and, in order to open and maintain said area as a street, would
require the expenditure of funds which could otherwise be used for the betterment of the City of
Jest N:emphis and the inhabitants thereof and the use of such funds for the improvement and
maintenance of said portion of Monroe Avenue would therefore be contrary and opposed to the
public welfare, comfort, safety, and convenience of the inhabitants of the City of ldest Memphis
dIIEREFORE, PREI4ISES CONSIDERED, petitioner prays that the portion of Monroe Avenue
bounded on the east by the west boundary line of Cox Street and bounded on the west by the
east boundary line of South Avalon Street be vacated.
FOR A SEPARATE AND DISTINCT GROUND OF RELIEF
3. Petitioner repeats and re-alleges the allegations contained in Paragraph 1 above and
states:
4. That said portion of Monroe Avenue as above described has been dedicated to the public
use as a street by platting such property and causing such plat to be filed for record, said
plat being of record in Plat Bock "1" at Page 40 in the office of the Circuit Clerk and Ex-Offi-
cio Recorder of Crittenden County, Arkansas and said portion of Monroe Avenue has not been
actually used by the public as a street or alley for a period of five (5) years next past, and
in fact, has never been used by the public as a street or alley or for any public purpose;
5. That petitioner owns all of the property abutting said portion of said Monroe Avenue
running as above described; that attached hereto and made a part hereof is photostatic copy of
the plat filed in the office o£ the Circuit Clerk and Ex-Officio Recorder of Crittenden County,
Arkansas, which shows the portion of the street requested to be vacated together with the lot
number of each lot which abuts upon said street, no block numbers being shown on said plat.
6. That from the stand point o£ public interest and caelfare, said portion of Monroe
Avenue should be vacated and abandoned.
U~iIIEREFORE, PRENIIS.ES CONSIDERED, petitioner prays that said portion of Monroe Avenue being
bcunded on the east by the west boundary line of Cox Street and bounded on the-west by the east
boundary line of South Avalon Street be vacated and abandoned by the City of Z-lest Memphis,
Arkansas; that a day be fixed for the hearing on this Petition and that the City Council
direct the City Clerk to give notice of such hearing by publication as required by law.
E~iMA B. DENSON, PETITIONER
BY /S/ EVF.RARD idEISBURD
HER ATTORNEY
60
In order to set a date of hearing on the Petition, the following Resolution was
presented:
RESOLUTION N0. 296
Trlhereas, a petition has been filed by Emma B. Denson before the City Council of the
City of I~,iest Memphis, Arkansas, praying that a portion of Monroe Avenue (designated as 8th
Street in the plat of Hulbert Heights Subdivision filed for record August 16, 1929, and of
record in Plat Book "1", Page 1t0 in the office o£ the Circuit Clerk and Ex-Officio Recorder
of Crittenden County, Arkansas) bounded or'the east by the west boundary line of Cox Street
and bounded on the west by the east boundary line of South Avalon Street (designated as
Mudge A;ienue according to the aforementioned plat) be vacated and abandoned, and,
~,ahereas, it is necessary that a day be fixed for a hearing on said petition and proper
notice of said hearing be given, NOI^,i, THEREFORE,
BE IT RESOLVED, by the City Council of the City of Kest I°imphis, Arkansas, that the
I~th day of August, 1966, be Fixed as the date of the hearing on said petition filed herein
requesting that the City of ~dest ilemphis, Arkansas vacate and abandon that portion of
Monroe Avenue bounded on the east by the west boundary line of Cox Street and bounded on
the west by the east boundary line of South Avalon Street, and,
BE IT FURTHER RESOLVED, that the City Clerk be and he hereby is directed to give notice
of such hearing by publishing such notice once a week for two (2) consecutive weeks in some
newspaper published in Crittenden County, Arkansas, said m~tice to conform to law and to the
provision of Ark. Stats. 19-3826.
After discussion, motion iras made by Alderman Felts: That the Resolution be adopted as
presented. The motion was seconded btr Alderman Matthews, and upon vote, the voting was as
follows:
Aye: Aldermen: lJeis, Bassett, Bollinger, Bowie, Felts, Leggett, P^,atthews, and Rowton.
Nay: None.
Mayor Eden informed the Council due to illness Pr. P. I.2. Dacus has resigned from the
Utility Commission, and requested the City recognize by resolution Inr. Dacus's 1_ong and
faithful service to the City. Thereupon, motion was made by Alderman Rowton, seconded by
Alderman Matthews: That the City Attorney be instructed to prepare a Resolution of
commendation for Nir. P. if. Dacus. Upon vote, the voting was as follows:
Aye: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Patthews, and Rowton.
Nay: None.
The Nlayor informed the Council, after conferring with the Utility Commission as to
their recommendation for a Commissioner, he recommended the appointment of PIr. R. K. (Pop)
Bollinger as a member of the Commission during the incapacitation of PIr. P. Pi. Dacus.
N,"otion was made by Alderman I•iatthews: That the appointment of R. K. (Pop) Bollinger be
affirmed. The motion was seconded by Alderman Leggett. Upon vote, the voting was as
follows:
Aye: Aldermen: bJeis, Bassett, Bowie, Felts, Leggett, Patthews, and Rowton.
No : IJone .
Alderman Bollinger abstained from voting.
P":ayor Eden brought to the Council's attention he will be out of the State from
July 10th until Jelly 27th or 28th, and it is necessary that someone be authorized to
sign City Documents. Piotion was made by Alderman Leggett: That Alderman 0. I. Bollinger
be authorized to sign official documents of the City during the absence of Playor .Eden.
The motion was seconded by Alderman Bassett. Upon vote, the voting was as Follows:
Aye: Aldermen: Bassett, Iatthews, Bowie, Leggett, ~^leis, Felts, and Rowton.
No: Alderman: Bollinger.
The I•Iayor rerorted the committee appointed to receive bids and award contracts for
equipment on June 30, 1966, had awarded contracts to Hawkins Equipment Company for
Garbage Unit, Air Compressor and Power Sprayer and I~:cCaa Chevrolet Company for truck.
IJo further business being presented, the meeting was adjourned.
MAYOR
ATTE ~'~
CITY CLEItY:
APPROVED: JULY 14, 1966