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August 3, 1967~~~1 MINUTES OF A RDGULAR 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 AUGUST, 1967. The City Council of the City of West Memphis, Arkansas, met in regular session at its regular meeting place in Weat Memphis, Arkansas, at 3:00 o'clock P.M. on the 3rd day of August, 1967. The following were present: Vice-Mayor 0. I. Bollinger, Aldermen: F. C. Weis, Pritchard Horton, Kirby Leggett, Paul Matthews, and R. L. Smith. Absent: Mayor Bob Eden, Aldermen 0. C. Haley and T. Rodgers. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Meeting on July 20, 1967, were approved ae read. Alderman Rodgers made a delayed appearance. Mr. R. B. Smith, 505 Denton, appeared before the Council to request extension of permit for trailer in the backyard for his elderly in-laws due to health and financial difficulties. The Council was informed tere Had been no complaints. After discussion, motion was made by Alderman Smith: That the Council grant a six month extensioa from July 24, 1967, for the trailer. The nation was seconded by Alderman Hortoa. Upon vote, the voting was as follows: Aye: Aldermen: Weis, Horton, Leggett, Matthews, Smith, and Rodgers. Nay: None. The following petition was presented: July 25, 1967 We the undersigned wish to protest the installation of a fence now being installed on city property, by the families of Hall and Holmes between :27th and 28th streets. This fence is being installed on City property that waa left open for a street, which has sever been put down. If the fence is allowed to be put up it will cause our children to have to walk an additional three blocks to get to school. We feel that these two families have no right to use city property to their personal advantage. We further request that the City put a~aidewalk thru thin opening. William A. Brand Mra. William A. Brand Mra. R. E. Blackford, Mra. E. T. Thweatt Mra. David E. Snyder Elroy T. Thweatt Billy G. Elrod Lois Martin V. E. Wilkerson Mrs. V. E. Wilkerson Ronald Blackford, Jr. Mra. Robert B. Shaw David Snyder Mra. H. G. Boden Mra. J. A. Apple Mrs. I,Robert D. Jenkins Jr. Mra. Herman Jolley R. H. Hodges Mra. R. H. Hodges Robert D . Jenkins Robert B. Shaw Marline Ring The Council was informed a permit had not been issued for the fence aad even though the street was shown dedicated on the plat of the subdivision, the street had not been constructed. After discussion with the three ladies present, xho presented the petition, motion was made by Alderman Smith: That the Council order that the fence be removed. The motion was seconded by Alderman Rodgers. Upon vote, the voting was as follows: Aye: Aldermen: Weis, Horton, Leggett, Matthews, Smith, and Rodgers. Nay: None. The following Resolution adopted by the Planning Commission on Augut 2nd was presented: WHEREAS, Ramada Weat, Inc. has filed a petition with the Planning Commission of the City of Weat Memphis to take action to abandon and surrender a portion of an easement across the south 30 feet of Lot 1-C of Block Four (4) of the Replat of Wheeler Subdivision to the City of West Memphis; and WHEREAS, the plat oY such property shows a thirty (30) foot utility easement across the south end of the said Lot 1-C and the present ordinances of the City of Weat Memphis govern- ing subdivisions provide for alleys, where there is an alley through the subdivision, of not leas than twenty (20) feet in width and provide that where alleys are not provided easements of not lees than ten (10) feet in width shall be provided at the rear of aubdlvision lots; and WHEREAS, the petitioner has only requested the abandonment of the north ten (10) feet of the said easement across Lot 1-C, and the said ten (10) foot strip is not now used for any utility pss~pose and is not necessary for the proper or convenient placement of utilities and, if abandoned, will leave a remaining easement across the south portion of Lot 1-C which will be sufficient for all utility purposes in the reasonably foreseeable future and will leave sufficient clearance between existing sewer and water lines and the north line of the easement which is ample for utility purposes, aad the said ten (10) foot strip can be abandoned by the City and released and relinquished to the petitioner without any material detriment to the City, to existing or planned utility facilities within the area or to the public generally. 2i~ ~i _- -- NOW, THEREFORE, BE IT RESOLVED by the Planning Commission of the City of Weat Memphis, ~, Arkansas, that this body go on record as approving the abandonment of that portion of the easement across Lot 1-C of flock Four (!~) of a Replat of Wheeler Subdivision of the City of West Memphis, Arkansas, more specifically described as follows, to-wit: ~ The north ten (10) feet, measured at right angles to the north and south line of said easement, of the south thirty (30) feet of Lot 1-C, according to a plat of a subdivision of Lot One (1), Block Four (1~), Replat of Wheeler Subdivision, City of Weat Memphis, Arkansas, which is recorded in Plat Book 2 at page 156 and which plat is a replat of Lot One (1), Block your (4) of the Replat of the Wheeler Subdivision to the City of Weat Mdtnphis, Arkansas, of record in Plat Book 2 at pages 113 and illy, all according to the records of Crittenden County, Arkansas; and that a copy of this Resolution be delivered to the City Council of the City of infest Memphis in order that the Council may be advised as to the action of this Commission and its recommenda- tion that the north ten (10) feet of said easement be vacated and abandoned. Attorney J. B. Fogleman, representing the petitioner, explained the Burnett Trucking Company Building and Southland Lodge are to be demolished and an outstanding motel untt~. constructed by Ramada Weat, Inc. After discussion, an ordinance entitled "An Ordinance Vacating, Abandoning And Surrendering A Portion Of An Easement Across Lot 1-C Of Block Four Of Wheeler Subdivision To The City Of Weat Memphis, Arkansas" was read in full by City Attorney W. H. Dillahunty. Alderman Matthews, 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 be placed on its second reading. The~~tice Mayor put the question on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Horton, Leggett, Matthews, Smith, and Rodgers. Nay: None. Alderman Weia abstained from voting. Thereupon the Fice-Mayer 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 the City Attorney. Alderman Smith, 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 Vice-Mayor put the question on the adoption of the motion and the roll being called the following voted: Aye: Aldermen: Horton, Leggett, Matthews, Smith, and Rodgers. Nay: None. Alderman 47eia l:batained from voting. The Vice-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 the City Attorney. Alderman Matthews, seconded by Alderman Rodgers, 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: Horton, Leggett, Matthews, Smith, and Rodgers. Nay: None. Alderman Weis abstained from voting. The Vice-Mayor thereupon declared the ordinance 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. 538. The ordinance read as follows: 22~ oRDZrrANCE No. ~`3.~ AN ORDINANCE VACATING, ABANDONING AND SURRENDERING A PORTION OF AN EASEMENT ACROSS LOT 1-C OF BLOCK FOUR OF WHEELER SUBDIVISION TO THE CITY OF WEST MEMPHIS, ARKANSAS. WHEREAS, a petition was duly filed with the Planning ', Commission of the City of West Memphis and the Mayor and City Council of the City of West. Memphis, Arkansas, on the`lOth day of July, 1967, by and on behalf of Ramada West, Inca, asking that the Planning Commission of the City of West Memphis give its approval • to the abandonment, vacation, surrender and relinquishment of the north ten (10) feet of the easement across the south thirty ,feet of Lot 1-C of Block Four (4) of Wheeler Subdivision, more particulary described as follows: The north ten (10) feet, measured at right angles to the north and south line of said easement, of the south thirty (30) feet of Lot 1-C, according to a plat of a Subdivision of Lot One (1), Block Four (4), Replat of Wheeler Subdivision, City of West Memphis, Arkansas, which is recorded in Plat Book 2 at page 156 and which plat is a replat of Lot One (1), Block Four (4) of the Replat of the v7heeler Subdivision to the City of West Memphis, Arkansas, of record in Plat Book 2 at pages 113 and 114, all according to the records of Crittenden County, Arkansas; znd, WHEREAS, a hearing was set upon the said petition by the West Memphis Planning Commission for the 2nd day of August, 1967, and notice of such hearing was given by publication of such notice in the Evening Times, a daily newspaper published in the City of Went Memphis, Arkansas, and having a bona fide circulation therein, calling upon all persons having an interest in the matter or who wished to ob:~ect tb the cTzanc~e in width of the easement and the y un`. release and abandonment of the north ten (10) feet of such easement to the owners of Lot 1-C ,to appear on such date to make known their objections, if anyr and, WHEREAS, the West Memphis Planning Commission met on the date and at the time and place set forth in said notice and no person appeared to offer objection to the proposed change in width of the easement and release and abandonment of the north ten (10) feet thereof to the owners of Lot 1-C and the Planning Commission adopted a resolution approving the abandonment of that portion of the easement as herein above described and caused a copy of such resolution to be delivered to and filed with the City Council of the City of West Memphis, Arkansas; and, WHEREAS, the plat of the said Lot 1-C shows a thirty (30) foot utility easement across the south end of the said Lot 1-C which is in excess of the minimum requirements of subdivision ordinances of the City of West Memphis, in that, where an alley is located through a subdivision it is provided that such alley shall be not less than twenty (20) feet in width and, where alleys are not provided, such ordinances provide for easements of not less than ten (10) feet in width at the .rear of subdivision lots; and, WHEREAS, the petitioner has requested the abandonment of i 1 only the north ten (10) feet of said easement across lot 1-C and the said ten (10) foot strip is not now used for any utility purpose, is not necessary for proper or convenient placement of utilities and, ~'; if abandoned, will leave a remaining easement across the south part of Lot 1-C which will be sufficient for all utility purposes in the foreseeable future and in excess of both easement and alley requirements of subdivision regulations and ordinances of the City of West Memphis, and, therefore, it is proper and appropriate that the width and extent ~`~~ -3- of the said easement be altered and changed as the portion to be vacated is not required for corporate purposes; and, i~REAS, the Council finds that the north ten (10) feet of the easement hereinabove described can be vacated, abandoned, surrendered and relinquished without material detriment to the City of Iaest Memphis, to exi8ting or planned utility facilities or to the public generally. NOW, THEREFORE, BE IT ORDAINED AND ENACTED BY THS CITY COUNCIL OF TIC CITY OF WEST MEMPHIS, ARKANSAS: SECTION ONE. The City of West Memphis, Arkansas, hereby vacates, abandons and relinquishes all its rights, together with the right of the public generally, in and to that portion of the easement shown across the south thirty (30) feet of .Lot 1-C ~O! Block Four (4) for the replat of Wheeler Subdivision to the City of Tr?est Memphis, Arkansas, specifically described as follows: The north ten (10} feet, measured at right angles to the north and south line of said easement, of the south thirty (30) feet of Lot 1-C, according to a plat of a Subdivision of Lot one ~~jl.) , Block Four (4) , Replat of Wheeler Subdivision, City of V7est Memphis, Arkansas, which is recorded in Plat Book 2 at page 156 and which plat is a replat of Lot One (1), Block Four (4) of the Replat of the ~•7heeler Subdivision to the City•of West Memphis, Arkansas, of record in Plat Book 2 at pages 113 and 114, all according to the records of Crittenden County, Arkansas; SECTION TWO. The City of West Memphis, Arkansas, hereby alters and changes the width of the easement as shown by the plat of Lot 1-.^. of Block Four (4) of S4heeler Subdivision as described in Section One hereinabove so that the said easement shall have a width of only twenty (20) feet across the south portion of the said Lot 1-C of Block Four (4) of the replat of Wheeler Subdivision of the City of West Memphis, Arkansas, and, if requested, specifically authorizes ,~,~„~,, -4- the Mayor and. City Clerk of the City of West Memphis'to execute an instrument of release or relinquishment of all right, title,- and interest or claim of the City of West Memphis or the public generally to Ramada West, Inc., a corporation, the owner of"the - .. said Lot 1-C of Block Four,. (4) of such replat of Wheeler Subdivision ~~~' ,, to the City of West Memphis, Arkansas. ~ ~'." SECTION THRSB. A copy`of the Ordinance duly certified by the City Clerk may be filed in the office of the Circuit Court Clerk i j, and Sx-Officio Recorder within and for Crittenden County, Arkansas, for xecording therein in the Deed Records of said County if requested by Ramada West, Inc., as evidence. of the vacation of the north ten (10) feet of the easement shown upon the recorded plat and as, evidence of the alteration and change of width of such easement. ~ SECTION FOUR. This Ordinance shall be in full force and 1 I effect from its passage,~approval and publication as required by law. ~~ The recommendation of the Planning Commission that part of the NW4SB4, Section 1, Township 6 North, Range 8 Eaat beginning at the southwest corner of said NW4SE4f run thence east 50 feet to th• west line of Avalon Street in the City of West Memphis, Arkansas; thence north slang the west line of Avalon Street 275 feat; thence west 50 feet to the west line of the NW~SE4f thence south 275 feet to the point of beginning be rezoned as C-4 Central Coaiaercial District was presented. Attorney Ralph Sloan, representing the petitioner, Guarantf Loaf and Real Estate Company, informed the Council the area lies between the National Guard Armory and Avalon Street. The question of adopting as ordinance containing an emergency section when there is no apparent urgency about the matter was brought to the Council's attention and discussed. Thereupon, an ordinance entitled "An Ordinance To Re-Zone And fte-Designate Certain Property In The City Of Weat Memphis, Arkansas" was xead the first time. Motion was mad• by Alderman Rodgers: That the first reading of the ordinance be approved. The motion vsa seconded iry Alderman Weis. Upon vote, the votla~ was as follows: Aye: Aldermen: Weis, Horton, Leggett, Matthews, Smith, and Rodgers. Nay: None. Alderman Smith commented on the work of the local Civil Defense Unit and presented the following motion for a vote of confidence: That the Weat Memphis City Council express their appreciation to the Civil Defense members for training classes coag+leted, and pledge their assistance to the local Civil Defense Unit to operate effectively in the City, Coaty, and adjoining area. Alderman Weia seconded the motion. Upon vote, the voting was as follows: Aye: Aldermen: Weis, Horton, Leggett, Matthews, Smith, and Rodgers. Nay: None. Mr. Charles Hampton of the 3ngineering Department reported an Arkansas Highway Department employee had made a aron^vey oi' the taro laaea.at P,isaouri and Broadway, and the City will receive a deciaicn in the matter from the Department. No further business being presented, the meeting was adjourned. CE=Pf~[Yb~t v ' i ATTE~~_~-~ ~~~t~~ ~-z~ j __ _ --- C C APPROVED: AUGUST 17, 19b7