November 16, 1967~~~
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 16TH 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 16th
day of November, 1967. The following were present: Mayor Bob Eden, presiding, and
Aldermen: 0. I. Bollinger, 0. C. Haley, Pritchard Horton, Kirby Leggett, C. T. Rodgers,
and R. L. Smith: and City Attorney W. H. Dillahunty.
Absent: Aldermen F. C. Weis and Paul Matthews.
It being determined a quorum was present, the following proceedings were had to-wit:
Minutes of Council Meeting on November 2, 1967, were approved as read.
Alderman ;Deis made a delayed appearance.
Plats of the area pertaining_to the vacating of an unnamed street lying between 27th
and 28th Streets north of Beatty and South of Church Streets were distributed to the Council.
After study of the area, the Council was informed the City has never taken possession of the
street. Notice of Hearing on the matter was published in the Evening Times on November 3rd
and 10th. Mayor Eden requested anyone ob3dcting to the vacating of the street to present
objections, no one appeared to protest. After discussion, an ordinance entitled "An Ordinance
Vacating An Unnamed Street Located In Second Rich Eastern Addition To West Memphis" was
introduced in writing bg'Alderman Weis, and read in full by City Attorney Dillahunty.
Alderman Rodgers, 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 Mayor put the question on the adoption of the nation and the roll
being called, the following voted:
Aye: Aldermen: Bollinger, Haley, Horton, Leggett, Rodgers, Smith, and Weis.
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 Bollinger, seconded by Alderman Haley 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: Bollinger, Haley, Horton, Leggett, Rodgers, Smith, and Weis.
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 Leggett.
Alderman Smith, seconded by Alderman vleis, 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: Bollinger, Haley, Horton, Leggett, Rodgers, Smith, and Weis.
No: None.
Alderman Rodgers, seconded by Alderman Horton, moved that Section 3, the emergency clause be
adopted, and on roll call the following voted:
Aye: Aldermen: Bollinger, Haley, Horton, Leggett, Rodgers, Smith, and Weis.
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. 5i~2.
The ordinance read as follows:
ORDINANCE NO. 512
AN ORDINANCE VACATING AN UNNAMED STREET LOCATED IN SECOND RICH EASTERN ADDITION TO WEST MEMPHIS
Whereas, a petition was duly filed with the City Council of the City of West Memphis, Arkansas,
on the 2nd day of November, 1967, asking the city council to vacate and abandon all that portion of
the street described as follows:
All of that unnamed atreet lying West of the West 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, and
abutting Lots Ten (10) and Eleven (11) in Block Eleven (11)
and Lots One (1) and Twenty-One (21) of the said Second Rich
Eastern Addition to West Memphis, Arkansas.
Whereas, after due notices as regdred by law, the council has, at the time and place mentioned
in the notice, heard all persons desiring to be heard on the question and has ascertained that the
atreet or~the portion thereof, hereinbefore described, has heretofore been dedicated to public use
as a street herein described; has not been actually used by the public generally for a period of at
least five years subsequent to the filing of the plat; that all the owners of the property abutting
upon the portion of the atreet to be vacated have filed with the Council their written consent to
such abandonment; and that public interest and welfare will not be adversely affected by the abandon-
ment of such street.
Now, therefore, be it ordained by the City Council of the City of Weat Memphis, Arkansas:
Section 1. The City of Weat Memphis, Arkansas, hereby releases, vacates and abandons all its
rights, together with the rights of the public generally, in and to the atreet described as follows:
All of that unnamed street lying iJeat of the West 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 (TEN), 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, and abutting Lots Ten (10) and
Eleven (11) in Block Eleven (11) and Lota One (1) and Twenty-One (21) of
the said Second Rich Eastern Addition to West Memphis, Arkansas.
Section 2. A copy of the ordinance duly certified by the City Clerk shall be filed in the
office of the recorder of the county and recorded in the deed records of the county.
Section 3. This ordinance shall take effect and be in force from and after its passage and
in the exercise of its powers for proper administration of Municipal affairs, the City of West
Memphis finds that this act is necessary for the immediate preservation of the public peace,
health and safety, and an emergency is hereby declared.
The following Easement was presented to the City by Mable Louise Hall, Billy and Melba Holmes,
M. L. and Lois A. Harness, and Aubrey and Edna Griffith:
EASEMENT
This Agreement made and entered into this the 15th day of November, 1967, by and between
Mable Louise Hall, a single person, Billy Holmes and Melba Holmes, husband and wife, M. L.
Harness and Loia A. Harness, husband and wife, and Aubrey Griffith and Edna Griffith, husband
and wife, parties of the first part, and the City of West Memphis, West Memphis, Crittenden County,
Arkansas, party of the second part, WITNESSETH:
Whereas, by Ordinance No. 512, the said City of '~~Test Memphis vacated an unnamed street and
the parties of the first part are all of the owners of the land abutting the said vacated street,
and by reason thereof, are the owners of the title to the said property;
Now, therefore, it is hereby agreed as follows, to-wit:
That the parties of the first part do hereby grant, assign and set over to the party of the
second part an absolute easement and right of way for a sidewalk to be built by the party of the
second part to be used by the public in general, said easement granted herein is described as
follows, to-wit:
Three (3) feet North and Three (3) feet South of the center
line of that unnamed street lying West of the West 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
Covnty, 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, and abutting Lots Ten (10) and
Eleven (11} in Block Eleven (11) and Lots One (1) and Twenty-One
(21) of the said Second Rich Eastern Addition to West Memphis,
Arkansas, which unnamed street has been abandoned by Ordinance
No. 512 of the Ordinances of the City of West Memphis, Arkansas.
w ,_ - - __
Be understood between all of the parties hereto that the City of West Memphis shall build
and maintain a sidewalk for the use of the -,ublic on the above described easement and shall
maintain the same.
To have and to hold the said easement, right and right of way unto the party of the
second part absolutely for the uses, intents and purpose herein above set out.
In Witness Whereof, we have hereunto set our hands and seals on this 15th day of
November, 1967.
/S/ MABLE LOUISE HALL
HILLY HOLMES
-* MELBA HOLMES
M. L. HARNESS
LOIS A. HARNESS
AUBREY (FRIFFTTH
EDNA ORIFFITH
Mayor Eden stated the entire six feet easement will be concreted as soon as possible by the
City, however, the concrete walk will be for children walking and not for bicycles and
motorcycles.
The next order of business was hearing on Petition to vacate an alley in Block 12 of
Wheeler Subdivision. Notice of Hearing was ;published on November 3rd and 10th in the
Evening Times, no one appeared to ob3ect to vacating the alley. Attorney Ralph Sloan on
behalf of the petitioners discussed the matter with the Council. Thereupon an ordinance
entitled "An Ordinance Vacating That Portion Of The Alley Abutted By Lots 1, 2, 3, !~, $,
b, 7 and 11, 12, 13, 11t, 15, 16 and 17, Block 12, Wheeler Subdivision In The City Of West
Memphis, Arkansas" was introduced by Alderman Haley, and City Attorney Dillahunty read the
ordinance in full. Motion was made by Alderman Haley, seconded by Alderman Leggett that
the first reading of the ordinance be approved. The following voted:
Aye: Aldermen: Bollinger, Haley, Horton, Leggett, Rodgers, Smith, and Weis.
Nay: None.
Motion was made by Alderman Bollinger, seconded by Alderman Weis That the ordinance be
placed on its second reading. Upon vote, the voting was as follows:
Aye: Aldermen: Bollinger, Haley, Horton, Leggett, Rodgers, Smith, and Weis.
Nay: None.
The ordinance was read the second time by City Attorney Dillahunty.
Motion was made by Alderman Weis, seconded by Alderman Haley that the ordinance be
approved on the second reading. The following voted:
Aye: Aldermen: Bollinger, Haley, Horton, Leggett, Rodgers, Smith, and Weis.
Nay: None.
Motion was made by Alderman Smith, seconded by Alderman Leggett that the ordinance be
placed on its third reading. Upon vote, the voting was as follows:
Aye: Aldermen: Bollinger, Haley, Horton, Leggett, Rodgers, Smith, and Weis.
Nay: None.
The ordinance was read the third time by City Attorney Dillahunty.
Motion was made by Alderman Weis, seconded by Alderman Horton that the ordinance be
approved on the third reading. The following voted:
Aye: Aldermen: Hollinger, Haley, Horton, Leggett, Rodgers, Smith, and Weis.
Nay: None.
The 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. 51:3. The ordinance read as follows:
ORDINANCE NO. 543
AN ORDINANCE VACATING THAT PORTION OF THE ALLEY ABUTTED BY LOTS 1, 2, 3, 4, 5, 6, 7 and 11,
12, 13, Ili, 15, lb and 17, Block 12, Wheeler Subdivision In The City Of West Memphis, Arkansas
' WHEREAS, a petition was duly filed with the City Council of the City of West Memphis, Arkansas,
on the 2nd day of November, 1967, asking the City Council to vacate and abandon all that portion of
the alley designated on the plat of the Wheeler Subdivision 3n the City of West Memphis, Arkansas,
now appearing of record in Plat Book 2 at pages 113 and 114 in the office of the Recorder of
Crittenden County, Arkansas, abutted by Lots 1, 2, 3, !~, 5, 6, 7 and 11, 12, 13, 14, 15, 16 and 17 in
Block 12 of the Wheeler Subdivision in the City of West Memphis, Arkansas.
WHERr^,AS, after due notices as required by law, the Council has, at the time and place mentioned
in the notice, heard all persons desiring to be heard on the question and has ascertained that the
alley hereinbhfore described has heretofore been dedicated to the public use as an alley herein
described; has not been actually used by the public generally for a period of at least five years
subsequent to the filing o£ the plat; that all of the owners of the property abutting upon the
portion of the alley to be vacated have filed with the Council their written consent to such
abandonment by joining in the petition for such abandonment; and that public interest and welfare
will not be adversely affected by the abandonment of such alley.
N0~•], THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS:
SECTION 1: The City of West Memphis, Arkansas, hereby releases, vacates and abandons all its
rights, together with the rights of the public generally, in and to the alley designated as follows:
That portion of the alley shown on the plat of Wheeler Subdivision in the City of
West Memphis, Arkansas, as shown by plat of record in the office of the Recorder of Crittenden
County, Arkansas, in Plat Book 2 at pages 113 and llly abutted by Lots 1, 2, 3, !~, 5, 6, 7 and
11, 12, 13, 14, 15, 16 and 17 in Block 12 of the Wheeler Subdivision as shown by said plat.
SECTION 2: A copy of the ordinance duly certified by the City Clerk shall be filed in the
office of the Recorder of Crittenden County, Arkansas, and recorded in the deed records of said
County.
SECTION 3: This ordinance shall take effect and be in force from and after its passage.
Attorney Jan Thomas presented the following Petition:
PETITION TO VACATE A PORTION OF TH021iAS AVENUE WITHIN THE
WHEELER SUBDIVISION OF THE CITY OF WEST MEMPHIS, ARKANSAS.
Comes A. J. Thomas and for his petition to the Mayor and City Council of the City of
West Memphis, Crittenden County, Arkansas, to vacate a portion of certain platted streets
in the Wheeler Subdivision of ouch City as shown by a plat of record in Plat Book 2 at
pages 113 and 114 of the records of Crittenden County, State of Arkansas
That the petitioner is the owner of all of the property abutting upon that portion of
Thomas Avenue which is specifically described as follows, to-wit:
All that portion of Thomas Avenue lying East of the east line
of Ingram Boulevard up to the west line of 24th Street not
previously taken by Arkansas State Highway Right of Way as
shown by plat of record in Plat Hook 2 at pages 113 and 114 of
the records of Crittenden County which is abutted on the north
side by a tract of 33 acres of land and is abutted on the south
side by Lot 1 Block 3 Wheeler Subdivision except for an easement
for public utilities.
That said portion of such street has not actually been used by the public as a street
for the period of more than five (5) years prior to this date; that the property of this
petitioner, as hereinabove stated, is the only property abutting upon that portion of
Thomas Avenue except for Lot 1 Block 3 of the Wheeler Subdivision.
That a plat showing said property and the portion of Thomas Avenue hereinabove described
is attached hereto, made a part hereof and marked Exhibit "A" hereto; that such plat is a
photocopy of that portion of a plat of Wheeler Subdivision prepared in September of 1955 and
which now appears of record in Plat Book 2 at pages 113 and 114 of the records of Crittenden
County, Arkansas, and that portion of the said Avenue sought to be vacated is marked on the
said exhibit by red marking.
WHEREFORE, petitioner prays that the City Council of the City of 4Jest Memphis, at its
next regular meeting by resolution, fix a day for the hearing of this petition and direct
the City Clerk to give notice of such meeting and hearing by publication as required by law
and that upon final hearing, that portion of Thomas Avenue hereinabove specifically described
and between the lots designated be vacated, closed and abandoned and all rights of the City of
West Memphis and of the public generally therein released except for an easement for public
utilities.
BY: /S~ A. J. THOMAS
After discussion, motion was made by Alderman Weis: That Hearing on Petition be set for
3 P.M. December 7, 1967, and Notice of Hearing be published. The motion was seconded by
Alderman Leggett. Upon vote, the voting was as follows:
Aye: Aldermen: Bollinger, Haley, Horton, Leggett, Rodgers, Smith, and Weis.
No: None.
Mayor Eden brought to the Council's attention the Urban Renewal Committee had been
appointed on May 18, 1967, however, it has been ascertained the creation of the Agency and
appointment of Commissioners require the action by Resolution. The following Resolutions
were presented for consideration of the Council:
RESOLUTION N0. 320
A RESOLUTION DECLARING THE NEED FOR AN URBAN RENEvJAL AGENCY WITHIN AND FOR
THE CITY OF WEST MEMPHIS, ARKANSAS, CREATING SUCH AN AGENCY, AND AUTHORIZING
SUCH AGENCY TO EXERCISE ITS PO'r1ERS AND TRANSACT BUSINESS AS PROVIDED BY LAW.
WHEREAS, the Legislature of the State of Arkansas has created in each municipality
in this State, where on January 10, 1961, a housing authority has not been established, or
a housing authority is established but such housing authority has not undertaYen an urban
renewal project, a public body politic in;orporate to be known as the "Urban Renewal Agency"
of such municipality for the purpose of planning and undertaking urban renewal projects; and,
WHEREAS, the City of 'r7est Memphis, Arkansas, has a housing authority and such
housing authority has not undertaken an urban renewal pro3ect; and,
WHEREAS, the City of West Memphis, Arkansas, being desirous of establishing an
urban renewal agency and to take full advantage of such an urban renewal program;
SECTION 1. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of
West Memphis, Arkansas, in session assembled at the City Hall in West Memphis, Arkansas,
on the 16th day of November, 1967, that the City of Weat Memphis by the City Council, its
governing body, finds the following facts to exist in the City of West Memphis, that:
(1) One or more slum, blighted, deteriorated or deteriorating areas exist in the
City of West Memphis, Arkansas.
(2) The rehabilitation, conservation, redevelopment, cr a combination thereof, of
such area or areas is necessary in the interest of the public health, safety, morals or
welfare of the residents of the City of West Memphis, Arkansas.
SECTION 2. BE IT FURTHER RESOLVED by the City Council of the City of West Memphis,
Arkansas, the Mayor be authorized and directed to appoint an Urban Renewal ggency in accordance
with Section 19 of Act 40 of the Acts of the General Assembly of the State of Arkansas for the
year 1961, that such Urban Renewal Agency be authorized to transact and exercise the pwoers
granted under the Statutes of the State of Arkansas, and that the Mayor shall appoint a Board
of Commissioners as prescribed by Statute.
SECTION 3. BE IT FURTHER RESOLVED by the City Council of the City of 'r7est Memphis,
Arkansas, that, it being determined that the alum, blighted, deteriorated or deteriorating
areas of the City are threatening to undermine the safety and health of the citizens of the City,
and that for the lack of such program, property is deteriorating in some sections of the City, an
emergency is hereby declared and this Resolution shall be effective immediately upon its adoption.
~-n-~x-#
Motion was made by Alderman Smith, seconded by Alder:r8n Haley: That the Resolution as presented
be adopted. Upon vote, the voting was as follows:
Aye: Aldermen: Bollinger, Haley, Horton, Leggett, Rodgers, Smith, and Weis.
No: None.
RESOLUTION N0. 321
WHEREAS, the Mayor of the City of 'rJest Memphis, Arkansas, has this date appointed B. B. McCarley,
Bert McElroy, W. L. Barbour, Jr., James Bledsoe, Hilliard McClinton as the Board of Commissioners
of the Urban Renewal Agency of West Niemphis, Arkansas, for terms of 5, 2, 3, fit, and 1 respectively
with B. B. McCarley chairman and,W. L. Barbour, Jr. vice chairman, this 16th day of November, 1967;
. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Memphis, Arkansas,
that said appointments be and they are hereby ratified and confirmed.
BE IT FURTHER RESOLVED; That actions of the above commissioners acting as the Urban Renewal
Committee heretofore appointed on May 18, 1967, including filing of application and advance of
funds be and they are hereby confirmed and ratified by the City Council of West Memphis, Arkansas.
BE IT FURTHER RESOLVED; That Resolution Nos. 312 and 313 previously adopted by this body be
and they are hereby approved, confirmed and ratified.
Mayor Eden informed the Council the City's Workable Program was recertified September 1, 1967,
thereby permitting local housing owners to participate in the Federal Rent Supplement Program.
Inasmuch as the American Legion Post 53 is interested in providing housing for low-income families,
the following Resolution was presented for consideration:
RESOLUTICN N0. 322
RESOLUTION APPROVING PARTICIPATION HY LOCAL HOUSING OWNERS IN THE FEDERAL RENT SUPPLEMENT PROGRAM.
WHEREAS, under the provisions of Section 101 of the Housing and Urban Development Act of 1965,
the Secretary of Housing and Urban Development is authorized to enter into contracts to make rent
supplement payments to certain qualified housing owners on behalf of qualified low-income families
who are elderly, handicapped, displaced, victims of natural disaster, or occupants of sub-standard
housing: and
248
WHEREAS, the provisions of said Section 101 cannot be made available to housing owners
in certain localities unless the governing body of the locality has by resolution given approval
for such participation in the Federal Rent Supplement Program.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Memphis, Arkansas, that
approval is hereby granted for participation in the Federal Rent Sunplement Program by qualified
housing owners of property located in West Memphis, Crittenden County, Arkansas.
After discussion, motion was made by Alderman Weis: That Resolution approving participation by
local housing owners in the Federal Rent Supplement Program be adopted. The motion was seconded
by Alderman Haley. The voting was as follows:
Aye: Bollinger, Haley, Horton, Leggett, Rodgers, and Weis.
No: None.
Alderman Smith abstained from voting.
Mayor Eden reported to the Council he had been informed by the Arkansas Pollution Control
Commission that their funds are fully committed for the fiscal year ending June 30, 1968, thus
preventing them from extending the total. amount of $800,000.00 assistance for sewage improvements
construction requested at this time. After discussion, motion was made by Alderman Rodgers: That
the Mayor be authorized to write the Regional Program Director, United States Dept. of the Interior
Federal Water Pollution Control Administration requesting the City be allocated a partial grant of
$100,000.00 at this t1me, with the understanding the City will receive the remaining funds for full
30~ participation for the fiscal year beginning July 1, 1968. The motion was seconded by
Alderman Horton. Upon vote, the voting was as follows:
Aye: Bollinger, Haley, Horton, Leggett, Rodgers, Smith, and Weis.
No: None.
No further business being presented, the meeting was adjourned.
S"1
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ATT ~'"
APPROVED: DECEMBER 7, 1967