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January 3, 1950bilfdU'?'1=.`; ^r' !. riLGULan 1u:._1f~Q Ol', ,iHta CiIY i.~DUt:~a L l %F 'I'i1h C~IvN' ;,L:i' r.:,:,...ii1~, .t,C~„1:;, ~ ;,,i LLi ui~ ~:iiu~°_fCY 3 155+?.. Tire i.cu~~icil of „.~c Citl• ~~ :1c;;rt ,r..^:nt .~ ...en in a regular ; si~u ~,.. ,,..~~ C;.ty fi~~lz. in said City at 7,30 P.M. on the 3rd day of January, 1950. The meetin g was called to order and the roll being called there were present; Aldermen; h. R. Morley, James M. Bledsoe, P. B, Powers, A. R. Manchester, 0. I. Bellinger, Curtis Foster, and C. H. Rowton; City Kttcrney J. H. Spears and City Clerk H. 0. Coats. Absent Mayor P. M, llacus and ~ilderman ti, L, uarrison, It being determined a quorum was present the following proceedings were had to-wit; The Mayor being absent the first order of business was that of the election of a Temporary Chairman to Ir eside at the meeting in the absence of the Mayor, thereupon, Alderman Morley nominated lderman Bledsoe to serve as Temporary Chairman. The nomination ti~ras seconded by Klderman Foster, and upon the matter being called to vote, the following voted= Aye: Morley, Powers, Manchester, Bellinger, Foster, and Rowton. Nay: None. Chairman Bledsoe ordered that the reading of the Council Minutes of December 20th and December 27th be suspended until the January 17th meeting of the Council. City Attorney Spears presented the ordinance he had prepared as instructed by the Council at the meeting on December 27th emending Ordinance No. 165. Thereupon, the ordinance was discussed by the Council and a number o.f the citiaens, tivho were presera. The ordinance was then introduced in vrriting and read in full by Alderman ttorley: Alderman Rowton moved that the rule requiring said ordinance to be read in full on three different days be suspended, and that said ordinance be placed on its second reading; motion was seconded by ,1lderman Bellinger, and thereafter the Chairman put the question on the adoption of said motion, and the roll being called, the following voted: Aye; Morley, Powers, Manchester, Bollinger, Foster, and Rowton. Nay: None. llfhereupon the Chairman declared the motion duly passed and said ordinance placed on its second reading. The ordinance was then read the second time by Alderman Foster. Klderman Manchester then moved that said ordinance be now placed upon its final adoption; motion was seconded by Alderman Powers, and after due consideration thereof by said Council, the Chairman put the question on the adoption of the motion, and upon the roll being called, the following voted: Ayes Morley, Powers, Manchester, Bollinger, Foster, and Rowton. Nay: Nene. Vlliereupon the Chairman declared the motion duly carried and said ordinance placed upon its final reading and adoption. Said ordinance was read in full by Alderman Rowton, who moved its adoption, seconded by Alderman Morley, and after due consideration thereof by said Council, the Chairman put the question upon the adoption of said motion, and upon passage of said ordinance, and the roll being called, the following voted: Aye: Morley, Powers, Manchester, Bollinger, Foster, and Rowton. Iday: None. ;hereupon the Chairman called to the Councils attention that the ordinance, adopted, contained an emergency clause and suggested that specific action should be taken by the Council on this clause. whereupon motion was made by ~'-.lderrnan Bollinger and duly seconded by Alderman Foster that the emergency clause of said ordinance be adopted, and the roll being called, the following voted: Aye: Morley, Powers, b}anchester, Bollinger, roster, and Rowton. Nay: None, d~hereupcn the Chairman declared said motion duly adopted and said ordinance duly passed, and signed his approval to said ordinance and the City Clerk was directed to spread the same upon the record of Ordinances of the City of west Memphis, Arkansas, and to have same published as required by law, and to number said ordinance njo. 176. Said ordinance to which no amendment was offered read as follows: ~n r oRDlrrnr?cE No, 176 AN CRDINF~?GE TO AP~'El?D SECTION 13 OF ORDIP?PSICE NO. 165, PASSED AND APIi20VED ON THE 21ST DAY OF APRIL, 1949. EE IT ORDAINED BY THE CITY COi?NCIL OF THf; CITY OF ~"AFT MEbiBHIS; SECTION 1 - That Section 13 of Ordinance No. 165, passed and approved on the 21st day of pri , 9, be and the same is hereby amended to read as follows SECTIOP? 13. BOARD OF ADJUST'+?rP?T. A. Board of Adjustment is hereby established to consist of five (5) members, to be appointed by the kdayor and confirmed by the City Council. All members of said Board shall serve without pay. One member of the first Board shall be appointed for one year; one (1) for two (2) years, one (1) for three (3) years, one (1) for four ]rears and one (1) for five (S) years and thereafter all members shall be appointed for terms of five (5 years each. Vacancies shall be filled S'or the unexpired term of any member, whose term becomes vacant, in the same manner as original appointments. upon; appointment and annually thereafter the Board shall meet and organize and shall elect its :,tim chairman and vice-ckrairmarr, each of whom shall serve for one (1) year, or until his successor duly qualifies. The Mayor shall appoint a secretar~r, who shall hold office during the will and pleasure of the Mayor, and shall receive such compensation from the City of Vr'est Memphis as may be fixed from time to time by the City Council of the City of West Memphis. Meetin gs: Meetings of the Board shall be held at such times and at such place or places within the City of ~~est Memphis as t}re Board may designate, but said Aoard shall meet at least once a month and may meet at any time on call of the chairman. The chairman of the Board, or in }ris absence, the acting chairman, shall administer oath to all persons offering testimony. He may also compel the attendance of witnesses. All meeting of the Board shai.l be open to the public. The Board shall keep minutes of its proceedings, show- ing the vote of each member upon each question, or if absent or failing to vote indicating such fact, and shall keep records of its examinations and other officia]. actions, all of which shall be immediately filed in the office of the Board and shall be a public record, The present of four (Lt) member shall be necessary to constitute a quorum and the concurring vote of at le-ast four-fifths (L/5) of the members of the Board shall be necessary to reverse any order, requirment, decision or determination of any administrative officer or to decide in favor of the a;,rplicant on any matter upon which it is required to pass under t}re Zoning Regulations or to effect any variation in such regulations. The building inspector or his representative shall attend each meeting of the Board and skrall bring with him all plans, specifications, plat and papers relating to any case before the P.oard for determination. "henver an appeal or application for variation is made to the Board, the Board shall publish a notice of tkre time and place of a public hearing upon such appeal, which notice shall be published at least once, not less than ten (10) days preceding the date of such hearing, in an official. paper or a pper cf general circulation in the municipality, such notice to contain the particular location for which the variation is requested, as well as a brief statement of what the proposed variation consists. The Board shall also give such additional notice of such hearing to interested persons and organizations as it shall deem feasible and practicable. 23re appellant or applicant sha!_1 be required to pay a filing fee of five (5) dollars to cover the cost of publishing and mailing notices of the hearing and such other costs as .may be incurred in connection with such appeal or application. The secretary of the Board shall deposit with the City Treasurer, on the fig t Monday of each month, all fees collected during the preceding month. Public hearings may be adjourned from time to time, and, if the time and place of the adjourned meeting be publicly announced when the adjournement is had, no further notice of such adjourned meeting need be published. No order of the Board permitting the erection or alteration of a building shall be valid for a period longer than sixty (60) days unless a building permit for such erection or alteration is obtained within such period and such erection or alteration is started and proceeds to completion. in accordance wish the terms of such permit. No order of the Board permitting a use of a building :r premises shall be valid for a period longer than sixty (60) days unless such use is established within such period, provided, hovrever, that where such use permitted is dependent upon the erection or alteration of a building, such order shall continue in force and effect if a building permit for such erection or alteration is obtained within such period and such erection or alteration is started. and proceeds to completion in accordance with the terms of such permit. The Board shall annually, on or before the tenth day of January, make a report for the fiscal year preceding to the Mayor and City Council, surmnarizing-cases considered and actions taken, The Board of Adjustment shall h.^,ar and decide appeals from and review any order, require- ment, d ecisiion or determination ^rade by the Building Irsneotor in the enf~,rcement of the Zoning Regulations. The Board shall have full power to adopt all rules for the transaction of its business, the regulation of procedure before it, and the carrying out of the poevers ?ranted to it by tt:e provisions herein se+. forth and not inconsistent therewith, When a property owner can show that a strict application of the terms of this Ordinance relating to the use, construction or alteration o£ buildings or structures or the use of land will impose upon him practical difficulties cr particu~^hardship, or it would be to the best interest of the City of nest '~emphis and the inhabitants thereof to change this Ordinance relating to the use of land, then the Board may consider and allow such v-zriations to the strict application of the terms of this ordinance as are in harmony lvith its general purpose and intent when the Hoard is satisfied, under the evidence heard before it, that a granting of such variation will riot merely serve as a convenience to the application, but is necessary. to alleviate some demonstrable hardship or difficulty so great as to warrant a variation from the comprehensive plan created and set forth by these regulations. The Board shall have power absolutely to grant variations in the following instances; 1. To permit the extension of a district where the boundary line of a district divides a lot in single ownership as shown on record on January 1, lgh7. 2. Tc permit the erection and use of a building or the use of premises in any location for a public service corporation 1'or public utility purposes which the Acard determines reasonably necessary f'or the public convenience or welfare. 3. To authorize a variance wkrere, by reason of exceptional narrowness, shallowness or shape of a specific piece of property of record on January 1,, lgb7, or by reason of exceptional topographical ^onditions or other extraordinary or exceptional situation or condition of a specific piece of property, the strict application of any pr:;vision of this ordinance would result in peculiar and exceptional. practical difficulties and particular hardship upon the owner of such property and amount to a practical confiscation of such property as distinguished from a mere inconvenience to such owner, provided such relief can be granted without substantial detriment to the public good and without substantially impairing the general purpose and intent of the comprehensive plan as established by the regulations and provisions contained in this Ordinance. lt. To interpret the provisions of this ordinance where the street layout actually on the ground varies from the street layout as shown on the map fixing the several districts which map is attached to and made a part of the zoning re~nrlations. 5. To exercise all other powers delegated to it by Section g6glr of Pope's 1?i ;est of the Statutes of xrkansas. In other cases the Board shall have pourer to make variations from the comprehensive plan under the following conditions: When an application is made to the Board for a variation, the Board shall cause notice to be published as provided in said Ordinance, and in addition thereto written notice shall be given by registered mail to the last knowr, address of all property owners owning property in the block ~,vlrcre the reouest For variation is m_.de, and also, to all property owners owning property on the street or streets in the block or blocks facing tkce block where the re:.luest for variation is made, and if after a full and complete hearing there are no valid or reasonable objections to the variation, and the Board is of the opinion that tiro best interest of the City of ~+est Memphis and its inhabitants would be served by granting a variation, tlr.n and in that event, the Board may grant the variation from the comprehensive plan provided however, any person, including the person making the application, shall have ten (10) days in which to peal to the City Council from the actions of the board. Upon appeal to the City Council the matter shall be heard anew. Either party shall have the right to appear before the City Council in person and also to be represented by counsel of his or her choosing. The board shall withhold issuance of any permit when notice of appeal is given. Notice of appeal may be given to the board either verbally or in writing. In considering all appeals and all proposed variations to these r::,{uirments the Board shall, before making any finding in a specific case, first determine that the proposed variation will not impair an adequate supply of light and air to adja.;ent property, or reasonably increase the con gestion in public streets, or increase the public danger of fire, or reasonably diminish or impair established property values within the surrounding area, or in any otter respect impair the health, safety, comfort, morals and welfare of the inhabitants of the City of rest +~emphis. Each variation granted or denied by the Board shall be accompanied by a written finding oi' fact, based on svrorn testimony and evidence, specifying, the reason for granting or denying such variation. .:.. ,.., ;:;E:,--per>: Mr. 3obert Stokes of the J. t~. Riggs tractor company appeared before fire council to re;uest instructions as to hour to obtain check for pest dated warrant that had been issued by the city and which warrant had been lost or misplaced by his company. Mr. Stokes was advised that it would be necessary that his company post bona with the city treasurer saving and prcte ding the city against any losss by reason of the misplaced or lost warrant and then a duplicate could be issued. ~'7i' ;;.__: _- City engineer Byrd advised the Cet~ncil that request for bids had been mailed to kcal contractors, requesting bids on remodeling the Courtroom and making certain other improvements and alterations on the city hall. 'there were three bids received and upon being opened it was found they were as follows: Jallin-Dickey & Rich Lumber Co. West Mdmphis Lumber Co. Frank H. Lee & Co, ~b4,517.50 4,478.50 4,365.00 The matter was taken under consideration by the Council until January 17, 1950. City Engineer Byrd advised the Council that the 'Nest Memphis Transportation Company had filed a schedule of bus stops and had been advised there would be a meeting of the Transportation Committee of the City Council called to consider the matter. The Building Inspector presented the building permits he had authorized to be issued. Motion was made, passed and adopted to confirm the actions of the Building Inspector in the issuance of the following building permits City of West Memphis Vtilliam 0. Thompson H. A, CuPP Harmond Construction Company Richard Morrison yam Kaplan Patary Love J. L. ~'oore Clement l~ra::tor Co. Motion was made passed and adopted that the following building applications be denied; Carl Foote Heneretta Moten J, L, Goodman Motion was made by Alderman Morley and seconded by Alderman Foster to approve,. authorize, ratify, and/or confirm payment of the following bills: GIIdERAL FOND GENERAL FUND - CON TINUED S Mill Ad Valorem Tax Fund X11,901.36 Burton Wright ~ 25.55 John ~cCullar 41.25 S~ah Smith 42.00 John VV. Dabner 38.50 Ferry Rogers 50.00 Ed Hudson 36.38 J. P, Cooke 40.00 Ed McNeal 30.55 Mack Howell 40.00 E, T. Porter 30.55 M. H. Neal 40.00 Wayne Nevill 35.25 Lewis Hathcok 50.00 Cletis Tabor 35,25 r O. Barnes 37.50 Burton 'vlri.ght 32.90 James E, ~'o~ 15.00 Sarah Smith 42,00 Light R~ Mater Dept. 6,552.34 perry Rogers 50.00 Ivionroe Calculating Co, 20.$3 J, P. Cooke 40.00 Farmers t1achine Shop 16.00 Mack Howell !10.00 Peoples Mercantile Co. 214.110 M. H. Neal 40.00 reoples Mercantile Co. 3.16 Lewis Hathcock 50.00 Road Buildbrs Eqpt. Co. 29.75 F. C. Barnes 37,50 Henry A. Johnson ll7.S0 James E, Brown 15.J0 Johnson Auto Co. 9.62 Earlean Arnold 32.18 Wray 6Yilliams Blue Print Co. 66.00 Hubert Lee 37,80 Farmers Supply Co. 19.22 Street Improvement Fund 3,814.90 Checkerboard Station 1.50 Larry Reed 75.00 Balton & Sons 16.80 John McOullar 41.25 Choctaw, Inc. 1,978.52 John Dabner 38.50 Missouri Pacific RR Co. 13.46 Ed Hudson 30.75 Bragg Auto Co. 674.07 ed McNeal 26.65 McCaa Chevrolet Cc. 56.44 E, T. Porter 26.65 Bill Teary's Inc. 125.87 'Viayne Nevill 21.75 Charles Reed Buick Co. 141.111 Cletis Tabor 28.88 Mid-South Oil Co. 89.73 Burton Wright 28.70 esso Standard Oil Cc. 765.59 Sarah Smith 42.00 J. A. Riggs Tractor Co. 9.00 Perry Rogers 50.00 Chalmers Motor Co. 2,00 J. P. Cooke 40,00 Southwestern Bell Tel. Co. 112.71 Mack Howell 40.00 Griffin and Goe Electric Co. 8.24 M, g, Neal l~0,00 Commercial Printing Co. 66.70 Lewis Hathcock SO,OU Odorite Co. of Tenn. 8.00 F, C. Barnes 37.50 Modern Merc. Co, 10.38 James E. Brown 15.00 C. V. Goodwin, Sheriff 44.00 J, A. Riggs Tractor Co. 2,214.12 S. C. Toof & Co. 27.57 P. Harris Gravel Co. R 948.00 VYcodson & Bozeman, Inc, 8.50 , lN. M. Fire Dept. 1,325,00 Remington Rand, Inc. 1.25 John McCullar 41,25 Burr®ughs V+dding Marline Co. 175.67 John Dabner 38,50 Paul R. IIyrd 52.00 Ed Hudson 27,38 Charles J. Upton Co. 170.08 }:d McNeal 16.25 Crittenden County Times 320.59 E. T. Porter 11.05 Hclland Implement Co, 9.87 Cletis Tabor 34,88 r'V. M, Toggery 322.00 GENERAL FUND - CONT. SE,dF.H EXTENSIOPI & REPAIR FUDID Bab Duncan ~ 9.75 Gordon B. Rollaway 10,98 Dr. James ct. Fall 25.00 Eden Pontiac Co. 20.U7 Jim Riehl, Inc. 199.54 C, J, Upton 187.50 P. b?. Dacus 150.00 H. 0. Coats 50.00 Dayton Sackett 50.00 C. H. Rowton 1{5,00 James Bledsoe 35,00 Curtis Foster 115,UO 0. I. Bollinger 1~5.OU R. L. Garrison 1.15,00 R. ft, Morley 115,00 P, B. Powers !15.00 A, R. Manchester !15,00 J, H. Spears 150.00 I',oyne Dodd 6G8.32 Jean Iiillencamp 197.50 Otis Ball 15,00 H. Pi. Holland 285.00 H. D, Holland 30,00 Frank Reese 215.00 0, J. Hatton 235.00 J. r~. Wright 255.00 Adrs. J. F. +~right ;5`j.3O Mrs. M, B. Currie X0,00 G. G. Kietzman 335.00 Paul R. Byrd 50.00 G. G. Kiet2man 50.00 T. W. Stacy 30.00 Merchants and Planters Bank !16.!17 Tommy Johnson 176.00 Sarah Y. Smith 67.00 Perry Rogers 65.00 J, P. Cooke 55.00 Mack Howell 55.00 M. H. Neal 55.00 Lewis Hathcock 65.00 F. C. bernes !.17.50 James E, gown 25,00 John IdcCullar 51,25 John Dabney 48.50 Ed Hudson 40,c~c Ed McNeal 26,00 E. T. Porter 26,00 Cletis Tabor 35.00 Burton YJright 28.00 U, S, Government Printing Office 1.00 John McClrllar L11.25 John VJ. Dabney 111,2.5 ~ Hudson 211,00 Ld i+lci°eal 15.60 E. T. Porter 15.60 Sarah Y. Smith !12.00 Perry Rogers 50.00 Mack Hoavell 40.OU M. H. Dieal L10.00 F. C. Barnes 37.50 Street Improvement rund 1,000.00 SEP~ER RE~'E~tUL; FUP1D Henry Palmer ~ 40,40 Henry Palmer 40.!10 aarlena hrnold 29,25 Hubert L~:e 37.80 Henry Palmer 110,110 Earlena ernold 23.73 Hubert Lee 36.60 Light & ~+ater Dept. 426.39 Sewer Revenue liond Fund 2100.00 Dsso Standard Qil Co. 177,87 '"!allin, nic4ey anri Rich 7.7.25 'ff. ~. Electric Motor Service 108.50 Grii'fin and Goe Electric Co. 5.47 Farmers Machine Shop 3311.71 Henry Palmer 55.110 Hubert I,ee 33,60 Larlena Arnold 39.25 Henry calmer 40.110 Earlena i~rnuld 20.80 Hubert Lee 33,60 Choctaw, Inc. ~1 537,56 Garrison "eady-Mix Co. j !190,03 Oliver Iiudson 36.75 ~~aron dark 37,sp Robert Poyd 37,50 Jessie Horton 3L1.50 PJill Brawn 37.50 luardeli Thomas 37.50 k~ndy Richmond 37,50 Charlie "ebb 35.70 Gabe Iiogsett 37,50 Robert auashinnton 11,.25 Robert Lri.sco 33.75 ,Villie Smith 311,50 J. P, Harris 37,50 James L. brown 3,00 Leonard ~. Parker 9.00 J. G. Gcllins 9,00 George ~~. Gooch 9.00 yam Rivers 9.~ '`eery ~oliins 9,00 rf, C. "alker 65.00 Oliver Hudson 311.88 "•aron Clark 37.50 Robert Boyd 31.50 Jessie Horton 37.13 'gill Brown 37.13 rfardell Thomas 26.63 Andy "ichmond 37.13 Charlie ~~ebb 22.13 Gabe nogsett 37.13 Robert ~+ashington 3!1.1;8 Robert Brisco 311.88 1Nilli.e Smith 37.13 J, P, Harris 37.00 Leonard D. Parker 29.25 J, C. Collins 29.25 George ~+. Gooch 29.25 >am Fcivers 26.25 Henry Collins 29.25 P,ugene Hal© 13.'-0 ~f. ~. ~"alker 65.0 James E, Drown 3.00 ~~avne '!evil! 10.1.3 Chaprian Motor Cc. 32.29 Garrison Ready-Mix 20.53 Choctaw, lnc, 622.;7 Charles J. Upton Co. 130,00 Tri-State r:quipment Cc, 153.86 Bill Terry's Inc. 73.51 Reed Duick Co. 67.111 Road Builders Eqt. Co, 11.36 ;;allin, Dickey & Rich Lbr. Cc. 8.57 J, ti, Riggs Tractor Co. 62.85 Farmers Supply Co. 35.98 Memphis 1~lachine ~r`orks 130.06 Guaranty Loan Co, 3,0711.611 e. r:, Heagler !175,00 Oliver Iiudson 30.38 Baron Clark 37,13 Robert Boyd 3,38 Jessie Horton 37.13 l"fill brown 23.63 lardell Thomas 20,25 Andy Richmond 37.1.3 Gabe H~ett 37.13 Robert duashington 30.38 Willie Smith 37.13 J, r, Barris 37.13 Robert brisco 30.38 Gearge Gooch 30.38 Henry Collins 23.63 Eugene hale 30.38 J. C, Collins 20.25 :ayne Nevill 39.75 James E, Brawn 3.00 '.'1. ~. ~+alker 65.00 Choctaw, Inc. 334.26 011emi~his (slue Print 20.22 Farmers Machine Shop 138.75 lsso Standard Oil Co, 111.60 Dacus Lumber Co. 3,443.01 P.iemnhis machine ~+ca•ks 2°3.90 Leo W. `'te.vart 156.60 ++:;st ;crap Iron Co. 39.17 Petit Cash 15.00 35: 5E'i!ER EXTE'~SIOPI & REPAIR FUPlD - COP1T. Jim Bailey X420.00 Jim Bailey 20.00 sliver Hudson 36.75 Aaron Clark 36.75 Robert Boyd 33.75 Jessie Horton 36.75 b'Vill Brown 33.33 1'!ardell Thomas 36.75 Andy Richmond 10.50 Gabe Rosette 36.75 Robert ~Vashinr_;ton 36,75 byillie smith 36.75 J, P, Harris 39.75 Robert Brisco 27,UU George Gooch 36.75 Renry Gollins 23.25 Eugene Hale 36.75 J, C. Collins 23.25 Wayne Neville 50.13 James ~'. Brown 3.00 yy, C, Walker 65.00 sliver Hudson 27,00 Aron Clark 27.UU Robert Boyd 27.00 Jessie Horton 27.00 Vill Brown 27.00 iJarde7l Thcmas 27.00 Andy Richmond 27.00 Gabe Hogsette 27,00 Robert uVasnington 27.00 tiyillie Smith 27,OU J. P. Harris 27,00 Robert Briscoe 27.00 George Gooch 27.'00 Henry Collins 27,00 Lugene Hale 27.00 J, C. Collins 27,00 5~fayne Nevill 30.75 James E. B-own 3.U0 W. C. r„talker 65.00 Amos Jackscn 50.00 STREN;T IMPROV?hNNT FUP1D R. P. Harris Gravel Co.?~3,373.00 Johnson Auto Co. 3,041.15 Cross County Gravel Co. 1,882,37 FIVE ".4ILL ID VALORiJM TAX Union Planters National Bank & Trust Co. ~,"Lt,555.08 FIR.F,r1J~3Q'S R.F'IIEF & F~ISION FLm1D T. H. McGough 50,00 Upon the matter being called to vote, the following voted: Aye° P;orl.ey, Powers, Manchester, Bollinger, Foster, and Rowton. Nays None. No further business appearing, the meeting Paas adjourned, ACTIDiG _.AYO ATTEt~T: '~ ~~ S ~ ,ERx AFPROVED: JANUARY 17, 1950