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November 2, 1967~2.3 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 2ND DAY OF NOVEMBER, 1967. 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 2nd day of November, 1967. The following were present: Mayor Bob Eden, presiding, and Aldermen: R. L. Smith, F. C. Weis, 0. I. Bollinger, 0. C. Haley, Pritchard Horton, Kirby Leggett, Paul Matthews, and C. T. Rodgers; and City Attorney W. H. Dillahunty. Absent: None. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Meeting on flbtober 19, 1967, were approved as read. Southland Racing Corporation check for $1~2,1~60.92 representing 1/3 of the breakage for the 1967 Season was presented by Alderman 0. I. Bollinger. The Mayor and Council com^limented the Corporation on the increased amount to the City. Mayor Eden brought to the Councils attention Notice for bide for a police car had been published on September 12th, however, due to production problems and potential strikes no bids had been received until this date when bid was submitted by Bob Morrow Ford Sales, Inc. Motion was made by Alderman Matthews: That the bid received be opened and reviewed. The motion was seconded by Alderman Leggett. Upon vote, the voting was as follows: Aye: Aldermen: gmith, Weis, Bollinger, Haley, Horton, Leggett, Matthews, and Rodgers. No: None. Bid received as follows: 1968 Ford Custom l~dr Sedan $3,278.18 Trade in - 1965 Ford 889.01 $'~ After discussion, motion was made by Alderman Matthews: That bid of Bob Morrow Ford Sales, Inc. be accepted. The motion was seconded by Alderman Leggett. Upon vote, the voting was as follows: Aye: Aldermen: Smith, Weis, Bollinger, Haley, Horton, Leggett, Matthews, and Rodgers. No: None. The following petition was presented: To The Honorable West Memphis, Crittenden County, Arkansas, City Council: Petition To Vacate Unnamed Dedicated Street Within The Second Rich Eastern Addition To Weat Memphis, Arkansas Come Mable Louise Hall, Billy Holmes, M. L. Harness and Aubrey Griffith, the owners of the property adjacent to the hereinafter described platted street, and for their petition to the Honorable Weat Memphis, Crittenden County, Arkansas, City Council to vacate said street, state: That the petitioners are the owners of all of the property abutting upon the unnamed street which is herein sought to be vacated and closed and which is specifi- ca11y described as follows, to-wit: All of that unnamed street lying West of the Weat line of 28th Street and East of the East line of 27th Street, lying North of Beatty Street and South of Church Street as shown by the recorded plat of Second Rich Eastern Addition to West Memphis located in the East one-half (E~) of Section Eight, Township Six North (T6N), Range Nine East (R9E) in Crittenden County, Arkansas, and recorded in plat book 1, page 273 in the office of the Circuit Court Clerk and Ex-Officio Recorder for Crittenden County, Arkansas. That said portion of street has not actually been used by the public as a street for a period of five (5) years prior to this date; that the property of these petitioners, as hereinabove stated, is the only property abutting upon that portion of street hereinabove described; That a plat showing said property, hereinabove described, is attached hereto and made a part hereof and marked Exhibit "A" hereto and that portion of the said street sought to be vacated is marked on said exhibit by red marking. 240 WHEREFORE, Petitioners pray that the City Council take such action as may be necessary to vacate said street, and the same be not only vacated but closed and abandoned and that all rights of the City of West Memphis and the public generally be released, provided an easement in the center of the above described property for a sidewalk not to exceed six (6) feet in width is granted to the City. MABLE LOUZSE HALL BILLY HOIMES M. L. HARNESS AUBREY ORIFFITH BY: ~S~ EDWARD J. RITBENS, ATTORNEY For Petitioners After disdusaion of request of Mr. Wm. Brend and others of the neighborhood fora 10 feet easement and recommendation of the Planning Commission, motion was made by Alderman Rodgers: That Hearing for vacating and abandoning the unnamed street and granting an easement for a sidewalk be set for 3:00 P.M. November 16, 1967. The motion was seconded by Alderman Matthews. Upon vote, the voting was as follows: Aye: Aldermen: Smith, Weis, Bollinger, Haley, Horton, Leggett, Matthews, and Rodgers. No: None. Recommendation of the Planning Commission to rezone Lots 1, 2, 3, !t, 5, 1.3, 11t, 15, 16, and 17, Block 12, Wheeler Subdivision RM-1, Multiple Family Residence District was presented. Mr. R. Fallia, petitioner for the rezoning and Attorney Ralph Sloan presented plans for 72 apartment units with swimming pool, and off-street parking. After discussion, an ordinance entitled "An Ordinance To Rezone Lota 1, 2, 3, 1t, 5, 13, 14, 15, 16 and 17, Hlock 12, Wheeler Subdivision In The City Of West Memphis, Arkansas" was introduced by Alderman Weis, and City Attorney Dillahunty read the ordinance in full. Alderman Matthews, seconded by Aldenan Rodgers, 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: Smith, Weis, Bollinger, Haley, Horton, Leggett, Matthews, and Rodgers. 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 the City Attorney. Alderman Horton, seconded by Alderman Bollinger 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: Smith, Weis, Bollinger, Haley, Horton, Leggett, Matthews, and Rodgers. 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 by Alderman Haley. Alderman Smith, 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: Aye: Aldermen: Smith, Weis, Bollinger, Haley, Horton, Leggett, Matthews, and Rodgers. No: None. Alderman Weis, seconded by Alderman Matthews, moved that Section 2, the emergency clause be adopted, and on roll call the following voted: Aye: Aldermen: Smith, Weis, Bollinger, Haley, Horton, Leggett, Matthews, and Rodgers. No: None. The Mayor thereupon declared the ordinance and the emergency clause adopted and signed tha ordinance, which was attested by the City Clerk and impressed with the seal of the City. The ordinance was given No. 511. The ordinance read as follows: ORDINANCE N0. 541 AN ORDINANCE TO REZONE LOTS 1, 2, 3, 4, 5, 13, 14, 15, 16 AND 17, BLACK 12, WHEELER SUBDIVISION IN THE CITY OF WEST MEMPHIS, ARKANSAS WHEREAS, Robert R. Fallia has petitioned the Planning Commission to rezone and redesignate certain property hereinafter described; and WHEREAS, notice was duly published on October 16, 1967, as provided by law, of a hearing to be held before the West Memphis City Planning Commission at 5:00 p.m. on November 1, 1967, for the purpose of hearing any interested parties in connection with the rezoning and redesignating of said lands; and WHEREAS, at said meeting on November 1, 19b7, said petition was considered by the Planning Commission and no persons 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`C~F THE CITY OF WEST MEMPHIS: SECTION I: (a) That the following described property, to wit: Lots 1, 2, 3, 4, 5, 13, 14, 15, 16 and 17, Block 12 of the Wheeler Subdivision in the City of Weat Memphis, Arkansas, be and the same is hereby rezoned and redesignated as RM-1 Multiple Family Residence District. SECTION II: EMERGENCY CLAUSE: It is hereby ascertained and declared to be a fact that the property above described is in the process of development; that the passage of this Ordinance is in the interest of the public peace, health, safety and we]fare of the citizens of Weat 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. The following petition was presented: PETITION TO VACATE ALLEY Come the undersigned petitioners and in petitioning the City Council of the City of West Memphis, Arkansas, state: That Robert R. Fallia has an option to purchase and acquire the title to Lota 1, 2, 3, 4, 5, 6, 11, 12, 13, 14, 15, 16, and 17 in Block 12 of Wheeler Subdivision in the City of West Memphis, Arkansas, as shown by plat of record in Plat Book 2 at pages 113 and 114 in the office of the Recorder of Crittenden County, Arkansas, abutting upon the alley hereinafter particularly described. That Charles F. Safley and James F. Waggener have an option to purchase and acquire the title to Lot 7 in Block 12 of Wheeler Subdivision in the City of West Memphis, Arkansas, as shown by plat of record in Plat Book 2 at pages 113 and 114 in the office of the Recorder of Crittenden County, Arkansas, abutting upon the alley hereinafter particularly described. That the optionors to Robert R. Fallia and Charles F. Safley and James F. Waggener or their predecessors were apart of the owners of all of the lands in Wheeler Subdivision in the City of Weat Memphis, Arkansas, and on September 26, 1955, caused to be recorded a replat of a portion of the subdivision showing particularly Block 12, said plat being the one herein- before referred to; that on said plat there is shown an alley 20 feet wide located between Lots 1 to 9, inclusive, on the northerly aide and Lota 10 to 17, inclusive, on the southerly side; that said alley was laid off and platted on said map but said alley was never actually laid off and improved on said plat; that it is necessary in connection with the use for which petitioners are acquiring the lands hereinabove described to have that portion of the alley abutted by Lots 1, 2, 3, 4, 5, 6, 7, and 11, 12, 13, 14, 15, 16 and 17, Block 12, Wheeler Subdivision in the City of West Memphis, Arkansas, as shown on the above described plat of Wheeler Subdivision closed and petitioners now request such closing. That the Arkansas State Highway Commission has acquired Lots 8, 9 and 10 and that portion of the above alley located between them and this portion of the alley has already been extinguished. That the undersigned have under valid options all of the lands abutting on that part of the alley sought to be closed. That there is attached hereto as Exhibit "A" a pho$copy of that portion of the plat filed in the office of the Recorder of Crittenden County, Arkansas, which shows the alley to be vacated together with a lot and block number of each lot which abate upon the alley to be vacated. That the matter of the vacation of this alley was submitted to the West Memphis City Planning Commission at its meeting on November 1, 1967, and said Planning Commission approved and recommended to the City Council of the City of Weat Memphis, Arkansas, that such alley be vacated. WHEREFORE, petitioners pray that the City Council of the City of West Memphis, Arkansas, at its neat 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 1n the City of West Memphis, Arkansas, and that upon final hearing that the alley hereinabove described be vacated and all rights bf the City of Weat Memphis, Arkansas, and of the public generally therein be released, vacated and abandoned. Respectfully submitted, this 2nd day oP November, 1967. ROBERT R. FACETS, CHARLES F. SAFLEY AND JAMES F. WAGGENER, PETITIONERS BY SPEARS & SLOAN, THEIR ATTORNEYS 242 After discussion, motion was made by Alderman Smith: That hearing date be set for 3:00 P.M., November 16, 1967. The motion was seconded by Alderman Haley. Upon vote, the voting was as follows: Aye: Aldermen: Smith, Weis, Bollinger, Haley, Horton, Leggett, Matthews, and Rodgers. No: None. Final Plat of the Replat of E~ of Block 6, Blocks 7 and B, Lots 1 thru 10, Block 1, George T. Kendal Fifth Addition was presented by Mr. C. H. Bond, Jr. of Bond Consulting Engineers, Inc. The Council was informed lots•are to be sold in the Mobile Home Park, and water and sewer lines have been installed also streets constructed. Motion was made by Alderman Smith: That the Replat of the E~ of Block 6, Blocks 7 and 8, and Lots 1 Thru 10, Block 1, George T. Kendal Fifth Addition be approved. The motion was seconded by Alderman Leggett. Upon vote, the voting was as follows: Aye: Aldermen: Smith, Weis, Bollinger, Haley, Horton, Leggett, Matthews, and Rodgers. No: None. City Attorney Dillahunty informed the Council the Utility Cottm:ission had received bids on October 9th for a 500,000 gallon elevated tank and dismantling of existing 100,000 gallon elevated tank, and after study of the bids by the Utility Commission Engineers the low bid of $i.l~lt,120.00 had been recommended by the Commission, and the following Resolution prepared for consideration: RESOLUTION N0. 319 WHEREAS, the West Memphis Utility Commission has previously advertised for bids for the construction of a 500,000 gallon elevated tank and the dismantling of existing 100,000 gallon elevated tank together with all improvements thereto; and WHEREAS, on the 9th day of October, 1967, at 2:00 o'clock P.M ., at the time and place set forth in advertisement for receipt of bids, Chicago Bridge and Iron Company, Tulsa, Oklahoma, submitted a bid in the amount of $14li,120.00 which was the best and lowest bid received; and WHEREAS, the Weat Memphis Utility Commission has considered said bids, conferred with the consulting engineers on said project, and has determined that the bids submitted by Chicago Bridge and Iron Company is the best bid and has recommended that the City Council authorize the execution of the contract for said project to Chicago Bridge and Iron Company, Tulsa, Oklahoma; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Memphis, Arkansas, that the West Memphis Utility Commission be and it is hereby authorized to accept the above bid for the sum of $11~lt,120.00 and said commission is further authorized to execute a contract with Chicago Budge and Iron Company, Tulsa, Oklahoma. Thereupon, motion was made by Alderman Matthews: That the Resolution as presented be adopted. Upon vote, the voting was as follows: Aye: Aldermen: Smith, Weis, Bollinger, Haley, Horton, Leggett, Matthews, and Rodgers. No: None. Mayor Eden recommended the longevity salary schedule be amended as of January 1st to apply after three years employment instead of the preset five years requirement. After discussion, motion was made by Alderman Weis: That the City Attorney be instructed to prepare an ordinance amending the longevity schedule as recommended by the Mayor. The motion was seconded by Alderman Horton. Upon vote, the voting was as follows: Aye: Aldermen: Smith, Weis, Bollinger, Haley, Horton, Leggett, Matthews, and Rodgers. No: None. The Mayor reported on the Municipal League Convention, retirement plans, and requested the Council consider salary increases of $30.00 per month for the members of the police and fire departments for 1968. No further business being presented, the meeting was ad3ourned. AT7C~5 T,~c~.~..-rte " `~ CITY K APPROVED: NOVEMBER 1F, 7-9F7