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September 5, 1968~i44 MINUTES OF MEETING OF THE COUNCIL OF T1H; CITY OF WEST MEMPHIS, ARKANSAS, HAD AND HELD ON SEPTEMBER 5, 1968. __.. -__._-~._____. _~ _~_ v_ ----- - --._____ ___._.__._ _.___ The City Council of the City of ldest Memphis, Arkansas, met in regular session at its regular meeting place in West Memphis, Arkansas, at 3:00 o'clock P.M. on the 5th day of September, 1968. The following Caere present: Mayor Bob Eden, presiding and Aldermen: F. C. Weis, H. R. Dabbs, 0. C. Haley, Pritchard Horton, Paul Matthews, C. T. Rodgers, and R. L. Smith; and City Attorney R. E. Wallin. Absent: Alderman Kirby Leggett. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Meeting on August 15, I~68, were approved as read. Mayor Eden announced bids for Ingram Blvd. Street Improvements as per Notice published in the Evening Times on August 20th and 27th would be received and opened. Bids received as follows: W. K. Ingram Construction Co. Total Amotult $35,766.10 S. J. Cohen Co. Total Amount $13,926.20 The Engineer's estimate on the project was $33, 137.00 as outlined by Mr. Sam Cross, Engineer for the Improvements. After discussion of the bids and traffic congestion at Broadway and Ingram motion was made by Alderman Weis, seconded by Alderman Smith: That the bid for Ingram Blvd. Street Improvements be awarded to the low bidder, W. K. Ingram Construction Co. Upon vote, the voting was as follows: Yes: Aldermen: ldeis, Dabbs, Haley, Horton, Matthews, Rodgers, and Smith. No: None. The next order of business was opening of bids for one pickup truck as advertised in the Evening Times on August 1l~, 1968. The following bids were received: Chalmers Buick Co. $2172.53 Jim Ellis Oldsmobile, Inc. $2396.1:6 After discussion, motion was made by Alderman Matthews, seconded by Alderman Horton: That the low bid of Chalmers Buick be accggted and the GMC truck be purchased. Upon vote, the voting was as follows: Yes: Aldermen: ~deis, Dabbs, Haley, Horton, Patthews, Rodgers, and Smith. No: None. Mr. Boyd Sims of 505 Denton appeared before the Council to request extnesion of permit for trailer for his aged in-laws. After discussion o£ the hardship involved and no complaints having been made to the City, motion was made by Alderman Rodgers, seconded by Alderman Haley: That the trailer permit be extended for an additional six months. Upon vote, the voting was as;.~ lbws: Yes: Aldermen: Weis, Dabbs, Haley, Horton, Matthews, Rodgers, and Smith. No : Clone . Attorney David Furrow on behalf of Bonds Welding Supply Company requested the rezoning of Block 35, Kendal Addition to M-2, General Industrial Area. Mr. Bill Moore of the Company informed the Council their company owned all of the property in the Block, and requested the change in order to attract other light industries to the area in order to sell oxygen by pips line from their company. A hearing on ttt~~he matter had been held by the Planning Commission on June 26th, and the j Commission recommended the rezoning. After discussion, Alderman Smith introduced an ordinance entitled: An Ordinance To Rezone Certain Zoned Property In The Kendal Addition To The City Of ~I ?Test Memphis, Arkansas, From C-5, Commercial To M-2, General.Industrial, Declaring An Emergency, ! And For Other Purposes, and City Attorney R. E. Wallin read the ordinance in full. i j Alderman Hale, seconded by Alderman Dabbs, 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 Niayor put the question on the adoption of the moticn and the roll being called, the following voted: Yes: Aldermen: Weis, Dabbs, Haley, Horton, Matthews, Rodgers, and Smith. ~I No: None. I~ 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. Ali The ordinance was then read by the City Attorney. I'I Alderman Matthews, seconded by Alderman Horton 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 it roll being called the following voted: Yes: Aldermen: G1eis, Dabbs, Haley, Horton, Matthews, Rodgers, and Smith. ~! ~~ I~Io: None. jl ~I~ ___. _ __ 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 the City Attorney. Alderman Rodgers, seconded by Alderman Ydeis, 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: Yes: Aldermen: Weis, Dabbs, Haley, Horton, Matthews, Rodgers, and Smith. No: None. Alderman Smith, seconded by Alderman Haley, moved that Section 3, the emergency clause be adopted, and on roll call the following voted: Yes: Aldermen: Weis, Dabbs, Haley, Horton, Matthews, Rodgers, and Smith. .. 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. 568. The ordinance read as follows: ORDINANCE N0. 568 AN ORDINANCE TO REZONE CERTAIN ZOATED PROPERTY IN THE DENDAL ADDITION TO THE CITY OF WEST MEMPHIS, ARKANSAS, FRCPZ C-5, CIX~A'iERCIAL TO Pi-2, GENEPAL INDUSTRIAL, DECLARING AN EMERGENCY, AND FOR OTHER PURPOSES. GJHEREAS, a petition has been filed with the Planning Commission of ~dest Memphis, Arkansas, as provided by Ordinance No. 411 of the City of West Memphis, Arkansas; and WHEREAS, notice was duly published that hearing would be held by the. Planning Commission on the 26th day of June, 1968, at five o'clock (5:00 P.M.} in the afternoon, calling upon interested persons to appear at such hearing and make known their objections, if any, in connection with said Petition for rezoning of the property hereinafter described; and GJHEREAS, it was requested that the following property located in Crittenden County, Arkansas, to-wit: Block Thirty-five (35) of the Kendal Addition to the City of West h:emphis, Arkansas be rezoned from C-5, Commercial to M-2, General Industrial; and T.aI~REAS, no persons appeared to offer a protest against the rezoning of said property as requested and WHEREAS, the Planning Commission recommended to the City Council that said rezoning be granted, NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF WEST MEMPHIS, ARKANSAS: SECTION I. That the following property located in Crittenden County, Arkansas, to-wit: Block Thirty-Five (35) of the Kendal Addition to the City of vilest Memphis, Arkansas now zoned as C-5, Commercial, be and the same is hereby rezoned as M-2, General Industrial. SECTION II. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION III. Emergency Clause: It is found and declared by the City Council of the City of West Memphis, Crittenden County, Arkansas, that this Ordinance is necessary for the growth and expansion of the City of West Memphis and the property in question is in the process of development and such rezoning is necessary for such development. Therefore, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect from and after its passage, approval and _ publication as required by law. SECTION IV. 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 Clerk and Ex-Officio Recorder within and for Crittenden County, Arkansas. -tE-s~:-:;rH~HS~-;f Report was made by Playor Eden as to fire damage to the south hanger at the P4unicipal Airport, and presented proposal of Frank A. Rogers & Co. for repairs including materials and labor in the amount of $20,276.00. The Council was informed a representative of General Adjustment Bureau had approved the proposal, and Engineers from Butler Mfg. Co. will inspect the work. After discussion o£ the work, inspections by the City Building Inspector, and urgency of the matter, motion was made by Alderman Weis, seconded by Alderman Matthews: That the Council waive Bid Notice requirement, and the bid be awarded to Frank A. Rogers & Co ., Znc. as per proposal in amount of $20,276.00. Upon vote, the voting was as follows: Yes: Aldermen: ldeis, P.abbs, Haley, Horton, Matthews, Rodgers, and Smith. No: None. ~~ ~ The annual Tax Resolution for five mills for general purposes, five mills for debt service and one mill for City Library was presented as follows: RESOLUTION N0. 338 BE TT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: That a tax o£ five (5) mills upon the dollar for general purposes, five (5) mills upon the dollar for debt service, and one (1) mill upon the dollar for public city library upon the assessed value of all real and personal property within the limits of the City of `~~iest Memphis, Arkansas, be and the same is hereby levied, At'id the City Clerk is hereby directed to deliver a certified copy of this Resolution to the Clerk of the County Court of Crittenden County for the tax books for the year 19b8. sH:-:t;~ P4otion was made by Alderman Haley, seconded by Alderman Horton: That the Resolution be adopted as presented. Upon vote, the voting was as follows: Yes: Aldermen: Weis, Dabbs, Haley, Horton, Matthews, Rodgers, and 5r,ith. No: None. Alderman Horton requested information as to status of street repairs by O'Neal Paving Co :, the moving of culverts from church property on Ingram Blvd., and drainage problem in the area of Cy Perkins, Crittenden Implement Co., and the Lester Smith Residence. Mayor Eden stated the O'Neal Company has not commenced work at the Airport, the culverts will be removed from the church property, and Engineer Charles Hamption will be instructed to in~esti~ate the matter. Alderman Rodgers brought to the Council's attention complaint as to damaged sewer cover at 2nd and Jackson. Alderman Weis moved further study be given the proposed Privilege License schedule, and an Executive Session be schedule for 1 P.M. Thursday, September 19th. The motion was seconded by Alderman Smith. Upon vote, the voting was as follows: Yes: Aldermen: Weis, Dabbs, Haley, Horton, Matthews, Rodgers, and Smith. No: None. Alderman Smith reported a letter had been received from Memphis City Attorney Frank B. Gianotti Frith reference to the ordinance adopted for traffic safety in Memphis, and requested action be taken by the Council. City Attorney Wallin informed the Council he had received information an ordinance pertaining to the wheel tax matter is being forwarded to him from Mr. Gianotti. Alderman Haley suggested action on the matter be continued until Mr. iJallin received the additional information. Attorney Steve Crain on behalf of Dacus Lumber Company, et al, presented order of annexation from the County Court of Crittenden County for property south of U. S. Highway 70, bo~.uided on the west by the present city limits, and on the south and east by the levee. P4ayor Eden informed the Council no commitments had been made to the property owners as to date improvements are to be made in the area by the City. After discussion, an ordinance entitled: "Ordinance Accepting Territory Annexed To The City Of West Plemphis And Incorporating Such Territory Into T~Jard Four, City of West Memphis, Crittenden County, Arkansas" was introduced by Alderman Weis, and the City Attorney read the ordinance in full. Alderman Rodgers, seconded by Alderman Haley, 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: Yes: Aldermen: Weis, Dabbs, Haley, Matthews, Rodgers, and Smith. No: rdone. Alderman Horton abstained from voting. 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 City Attorney bdallin. Alderman Matthews, seconded by Alderman Dabbs 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: Yes: Aldermen: Weis, Dabbs, Haley, Matthews, Rodgers, and Smith. No: None. Alderman Horton abstained from voting. ~3.4? __~- T -- _ _ -----=------ - _~~ _ _ 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 the City Attorney. Alderman Haley, seconded by Alderman Smith, 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: Yes: Aldermen: i~Teis, Dabbs, Haley, Smith, N4atthews, Rodgers; No: None. ~• Alderman Horton abstained from voting. Alderman ~Jeis, seconded by Alderman Rodgers, moved that Section 3, the emergency clause, be adopted, and on roll call the following voted: Yes: Aldermen: ~ieis, Dabbs, Haley, Smith, Patthews, and Rodgers. DIo : P1one . Alderman Horton abstained from voting. The Niay-or thereupon declared the ordinance and the emergency clause adopted and signed the crdinance, whibh was attested by the City Clerk and impressed with the seal of the City. The ordinance was given No. 569. The ordinance read as follows: ORDINANCE N0. >69 ORDINANCE ACCEPTING TERRITORY ANNEXED TO THE CITY OF i^TEST MEMPHIS AND INCORPORATING SUCH TERRITORY INTO ?^JARD FOUR, CITY OF `rdEST N':EMPHIS, CRITTENDEN COUNTY, ARF,ANSAS: Z•THEREAS, Dacus Lumber Company, et al, has instituted proceedings in the County Court of Crittenden County, Arkansas, for the annexaction of certain territory to the City of ti~,iest Memphis, and, a.'HEREAS, such territory is contiguous to the City of West Memphis and it is proper and right that such territory should be annexed, and, t~iIEREAS, the County Court of Crittenden County, Arkansas, has entered its order approving the annexation of such territor~r as hereinafter described to the City, and it is necessary that the City accept such territory so that it may become a part of the City of ti•Test Memphis, and the same should be attached to a ward of the City. NO~d, THEREFORE, BE IT ORDAINED, by the City Council of the City of ti^lest Memphis, Arkansas: Section One. That the territory hereinafter described be, and it is hereby accented as a part; of the City of ~dest Memphis, Arkansas, to-wit: A tract or parcel o£ land in the North Half (N2) of Section Fifteen (15), and the North Half (NIz) of Section Sixteen (16), Township Six (6) Plcrth, Range Nine (9) East, more particularly described as follows: Aeginning at a point where the City limit line of the City of udest Memphis intersects the south right-of-way line of U. S. Highway Nv. 70, thence eastwardl~* along said high*.aay right-of-way line to the right-of-way of the St. Francis Levee, thence southwesterly along the right-cf-way line of the St. Francis Levee and the Rock Island Railroad to a point vahere the City limit line intersects such right-of-way, thence northwax•dly to the point of beginning. Section Two. That the territory herein described be, and it is hereby attached to and incorporated in Ward 1t of the City of '.lest Memphis, Arkansas, and shall be forthwith considered as and become a part thereof. Section Three. It is hereby declared by the City Council of the City of West Memphis that this Ordinance being necessary for the preservaticn of the public peace, health and welfare, an emergency is hereby found and declared to exist and this Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. No further business being presented, the meeting was adjourned. ~ ~ ~ AT ~S l .~'~? CIT RY APPROVED: SEPTF~IBEft 19, 1966 ~~