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March 21, 1950MINUTES OF A ttEUUl,Att 1tit~,L1'1N li Ur' '1'rir; l;l'1'Y t;~uri o1L ~r i'n~ !,l r L yr :atJ~~ r urrs.nrni ~, xnnxr~ ~x~, HAP..;ND HELD ON !•I~ARCH 21, 1950. _. _ _ _ _ _.. The Council of the City of 'rVest pdemphis met in a regular session at the City Hall in said City at x;30 p. M. on the 21st day of March, 1950. The meeting was called to order and the roll being called there were; present: Mayor p. M. llacus in the chair, and the following Warned Aldermen; R. L. Garrison, C. H. Rowton, James Bledsoe, Curtis Foster, P. B. Powers, A. R, k,:anchester, and 0. I. Hollinger; and City ~+ttcrney J. H. Spears. Absent: Alderman R. R. Morley, and City Clerk H. 0. Coats. It being determined a quorum eras present, the following proceedings were had to-wit: Minutes of Council k,4~eting on March 7, 1950, were read and approved. Mayor llacus announced that the first order of business would be a hearing on building application for a lumber shed at 100 rdest Polk Street (Lot 1, Black 7, Eugene Woods Subdivision) to be constructed and operated by Home Builders, Inc. Mr. C. B. ~enhausen, representing Home Puilders Inc., was present and presented the application. A group of citizens owning property in the vicinity of the proposed site, were present t•o advise the Council of their objections to the application; among those present vrere Mr. Tom Carter, representing Arkansas Mills; John Carr, Jokin YVoods, arrd 0. I. Bollinger in behalf of Mr. Eugene "moods. After discussion, the matter was taken under consideration by the Council. City Attorney Spears advised the Council that an application has been filed by the Guaranty L_an and Real tistate Coml;any for ttre construction of a group of apartment buildings to be known as the Forrest Fark Apartments, Inc, and that said application had been approved by tho foard of kdjustment; but that at this time there vrere a number of other essential matters to be considered before the Company could proceed vrith their construction. Thereupon the following petitions were presented; P E T I T I O N Comes now Guaranty Loan and heal Estate Company and requests that: The easement, alley or p:=s_sa~;e,vay upon and acros,~ Block nGii c,1 Lyndon ~ldition to the C-i.ty of :lest i,4er~:phis ~~,s shoran by plat found of record in Mat Book 1 at pate 70 in the office of the C:ir.:ait Court C1>rk :_~nd ::~-Officio Recorder ..=rithl.z a~1,:: for Ci itte:"r~ien Cou: t~-, '.rkanc:as, be abandoned, and Petitioner further states and agrees that it vrill join in an agreement with the City of West Memphis that said easement, alley and/or passageway be closed and abandoned, and petitioner requests that the City Council pass a Resolution authorizing the p.7ayor and City Clerk to join in said agreement, and when signed, that same be filed in the Office of the Circuit Clerk within and for Crittenden County, Arkansas. Petitioner further states that plat attached hereto and made apart of this petition is correct and that it shows said easement, alley and/or passaaevray as located on said block. Your petitioner vrould furth~z:r stag: and skrow that it is the ovrner of all oi' Block ~~(}'~ of said Lyndon ;addition, and therefore owns the lands on aach side of said easement, alley and/or passageay. F.ESpr~CTFULLY S[1EN'STT3D This 21st day of March, 1950. GIJARA!?TY L,',`SI A'.lli f?i:AI.~ FI.°,m-Tp. (S?i~.if'At1Y By /S,' Jack f;. Rich, president ATTEST: ~Si J. H. Pir~0.R°, Secretary Thereupon, the follc;rring resolution was introduced in ~vriting by Alderman Bollinger; Rr.SOLU TION 120p JIIE.TiEAS, the Lyndonvill.e Savings Hank (~ 'rust L'ompany, the then owner of the lands hereinafter described, did en the 11th day of July, 1936, file its Eiil of <cssuranc~ as shown by Deed Record ~~lsy" at page 1i05 in the records of the Circuit Clerk "within and for Crittenden County, °rkansas, and as ai:;end~:1 and extended on January 31, lylt6, as shcvrn by Deed Record ~'190~~ at page Lt61 in the records aforesaid, and did on the 5th day of August, 1936, file far record a plat of said acids as shown by Flat book 1 at page 70 in the records aforesaid establishing certain eas:rnents for utilities and particularly in Block "Gn of said Lyndon addition, and 1HEREAS, said lock irrn of Lyndon Addition now belongs to ~3uaranty Loan and heal 8state Company, and said Guaranty Loan and Real instate Company having made application for closing of said easement, alley and/or passa~evaay, and it having been determined that said easement, alley and/or passageway is not needed For hi„heaay, easEmant or any other purpose, and that the welfare of the City of crest tuiemphis will be enhanced or promoted by the closing and abandoning of said easement, alley and/or passageway, and ~f _ 147-IER~S, it further appearinr~ that said Guaranty Loan and heal Bstate Company has Filed an amended plat of Bock °G" of said Lyndon 1+ddition herein with its application for closing of said easement, alley and/or passa~*eway, and which said plat is a part of said application, norv therefore, BE IT ftSOLVSD BY THE CITY COiledCIL OF T1{~; CITY OF l~~J"T TaET~"PHIS: That the }tilayer znd City Clerk of the City of ~~est }'~remphis be, and they are hereby authorized, directed and instructed to join in a written agreement with the C,traranty Lean and Real Estate Company to close and. abandon said easement, alley and/or passageway on and across said Block rrGrr of said Lyndon Addition, and that upon the proper execution and acknowlednrnent of said instrument that the same be filed in the office of the Circuit Clerk. and Recorder within and for Crittenden County, ,,rkansas. This Resolution being necessary for the immediate preservation of the public peace, health and safety of the citizens of +west Memphis, an emergency is declared to exist and this Resolution shall be in full force and effect from and after its passage and approval. Motion was made by Alderman Bledsoe and seconded by Alderman Garrison that the Resolution be adopted, and upon the matter being called to vote, the following voted: f!,ye: Garrison, Rowton, Bledsoe, Foster, Powers, Manchester, and Bollinger. Nays None. P E TI TI O?I Comes novv (liaranty Loan and Real Estate Company and request that: The easement, alley or passageway upon and across Block nGe of Lyndon Addition to the City of ''+'Jest Memphis as shown by plat found of record in plat Book 1 at page 70 i.n the office of the Circuit Court Clerk and Ex-Officio Recorder vrithin and for Crittenden County, Pskansas, be abandoned, and Petitioner further states and agfees that it will join in an agreement with the City of Nest Memphis that said ^asement, alley and/or passageway be closed and abandoned, and petitioner requests that the City Council pass a Resolution authorizing the Liayor and City Clerk to join in said agreement, and when signed, that same be filed in the Office of the Circuit Clerk within and for Crittenden County, Arkansas. Petitioner further states t}rat plat attached hereto and made a part of this petition is correct and that it shows said easement, alley and/or passageway as located on said block. Your petitioner would further state and show that it is the owner of all of Block uGu of said Lyndon Addition, and therefore owns the lands on each side of said easement, alley and/or passageway. RSSPLCTE'ULLY SU'?AdITT.FD This 21st day of March, 1%50. ~IARANTY LOAM AND RFJAL ESTRTL: COMPAP?Y By /S/ Jack YT, Rich, President aTTFsT: !S/ J. H. Spears, Secretary An ordinance vras introduced in vrritin~ and read in full.. by Flderman Garrison. Alderman Rovrton me red that the rule requiring said ordinance to be read. in full on three different days be suspended, and that said ordinance be placed cn its second reading; motion was seconded hy* Hlderrnan Foster, and thereafter the Mayor put the question on the adoption of said motion, and tyre roll being called, the following voted: Aye: Garrison, Rowton, Bledsoe, Foster, Powers, i~4anchester, and Bellinger. Nay: None uJhereupon the }Wayor declared the motion duly passed and said ordinance placed on its second reading. The ordinance was then read the second time by Alderman Bledsoe. Alderman Manchester then moved that said ordinance be now placed upon its final adoption; me*..ion was seconded by Alderman Pourers, and after due consideration thereof by said Council, the Mayor put the question on the adoption of the motion, and upon the roll being called, the following voted: Aye Garrison, Rowton, Bledsoe, Foster, Powers, Manchester, and Bollinger. Dl ay: None. '+Vhereupon the Mayor decl tired the motion duly carried and said ordinance placed upon its final reading aal adoption. Said ordinance tivas read in full by 1?lderman Bollinger, who moved its adoption, seconded by Alderman Manchester, and after due consideration thereof by said Council, the Mayor put the question upon the adoption of said motion, and upon passage of said ordinance, and the roll being called, the following voted: Ayes Garrison, Rowton, Hledsoe, Foster, Povvers, 2vianchester, and Bollinger. Nay: None. lYhereupon the Mayor 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. 1'~lhereupon motion was made by Alderman Garrison and duly seconded by Alderman Powers that the emergency clause of said ordinance be adopted, and the roll being called, the following voted: Aye: Garrison, Rowton, Bledsoe, Foster, Powers, Manchester, and Bollinger. Nay: None. ti4hereupon the Mayor 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 Cty of 1Vest Memphis, Arkansas, and to have same published as required by law, and to number said ordinance Nc. 178. Said ordinance to which no amendment was offered read as follows: ORDINANCE D10. 178 1°,'fiEREAS, the Lyndonville Savings Hank & Trust Company, the then owner of the lands herein- after described, did on the 11th day of July, 1936, file its Bill of hssurance as shown by Deed Record "159" at page 1,05 in the records of tPre Office of the Circuit Clerk within and for Crittenden County, Arkansas, and as amended acrd extended on January 31, 191tb, as shown by Iced Racord ~~190" at page 1:61 in the records aforesaid and did on the 5th day of .~.ugust, 1936, file for record a plat of said lands as shown by plat of record in Plat Book 1 at page 7U in the records aforesaid, establishing certain building lines and particularly in Block "G" of said Lyndon Addition, and 1'uliE}?EAS, said lands now belong to Guaranty Loan and Real Estate Company, said Guaranty Loan and Real ;Mate Company having made application for the removal of the building line in said Block nGrt, and It further appearing that all of said Block 'rG'~ is unimproved and that the removal of said building line would not interfere with the utility of said street abutting, now therefore, BE IT ORPAIf?ED BY THE CITY COUNCIL OF' T}1E CITY OE' d'dr';ST 11:I:1.'YHIS; SECTION 1. That the building line set forth in Block '~~'~ of Lyndon Addition to the City of ?,'Test Memphis, as shown by plat found of record in plat Book 1 at page r0 in the Office of the Circuit Clerk. within and for Crittenden County, ;irkansas, be and the same is, hereby vacated, abandoned and removed. SECTION 2. This Ordinance being necessary for the immediate preservation of the public peace, health and safety cf the citizens of Wiest Alemphis, an emergency is declared to ehist, and this Ordinance shall be in foil force and ei'fect from and after its passa~~e and aplroval. „ate: a; ;~3:x-tt k,: After discussion of the approving of the application cf the Company by the Board of Adjustment by granting a variation From Class '~A'~ to a Class "C" Gone, the following ordinance rras introduced in writing and read in full by nlderrnan Rowton; Alderman 1anchester moved that the rule requiring said ordinance to be read in full on three different days be suspended, and that said ordinance be placed cn its second reading; motion was seconded by Alderman Powers, and thereafter the mayor put the question on the adoption of said motion, and the roll being called, the following voted: A,ye: Garrison, Rowton, Bledsoe, Foster, Pourers, Manchester, Bollinger. Nay: Dl one. VShereupon the uuayor declared the motion duly passed and said ordinance placed on its second reading, the Ordinances was then read the second time by Alderman Bledsoe. tilderman Garrison then moved that said ordinance be now placed upon its final adoption; motion •~Jas seconded by Alder-;an ianchester, and after due consideration tiiereol by said Council, the Mayor put thy: question on the adoption of the motion, and upon tha roll being called, the following voted: Aye: ;,arrison, rRowton, Bledsoe, Foster, Powers, lanchester, Ecllinger. Nay: None. ;i'tiereupon the Layor declared t}ie motion duly carried arrd :.aid or~.'inance placed upon its final reading and adoption. ~r~i Said ordinance urns read in full by alderman Bollinger, who moved its adoption, seconded by Alderman Foster, and after due consideration thereof by said Council, the Rdayor put the question upon the adoption of said motion, and upon passage of said ordinance, and the roll being called, the ..+_'ollcwing voted: '„'hereupon the Mayor tailed 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. :hereupon motion ryas made by Alderman Garrison and duly seconded by Aldernan Bledsoe that the emergency clause of said ordinance be adopted, and the roll being called, the following voted: Aye: Garrison, Rowton, -ledsoe, Foster, Powers, Manchester, Bollinger. Nay; None. !9}rereupon the Mayor 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 open the record of Ordinances cf the City of 'r`est Rzerrphis, Arlss~asas, and to have same published as required k;y lativ, and to num'.~er said ordinance Nc. 179. Said ordinance to •rrhich no amendment eras offered read as follows: CNDIDIA?; CE N0. 179 AN ORDINI~ICE TO Ai.~ID ORP.INAPICE NC. 165 PASSED ARID APPROVED O1~I THE 21ST DAY OF 14PRIL, 19lr9. FJHEREAS, Section 2 of said mrdinance defines and classifies the territory comprising the City of ''est R4emnhis into certain districts and/or zones as therein set forth and shown by the 'Zoning District Map" which is attached to said Ordinance and made a part thereof, and ':1RIEREAS, Section 13 of said Ordinance, a s amended, provides fora Board of Adjustment and the manner in which said Board may vary the districts, zones or boundaries thereof as classified in Section 2 of said Ordinance, and VrHEREAS, pursuant to the procedure set forth in said Section 13 of said Ordinance, as amended, the Board of Adjustment met in regular session on the 23rd day* of January, 1950, pursuant to proper notice aad heard t}re application of Forrest park Apartments, I c., for variation in the claassi.fication and/cr zoning of Block "G" of Lyndon Addition and the lands lying directly north of said Block "G" and south of the center of Ten Mile Bayou and heard testimony of writnesses for the .proponent of said application to rwhich there Here no objectors, and after a full and complete hearing before said Board of Adjustment, it was determined by said Board that it vrould be to the best interest of the City of l5est, Memphis and the citizens thereof that said variation be granted changing the Class "A° -• jingle Family Residence District to Class "C" - tufultiple Family Residence District, and said Board normally so entered its order. BE IT ORDAI^I~GSD BY THE; CITY COtJPI"IL OF THE CITY 0£ ti'JEST R"EI'PF3IS: SECTION 1. AREA ^~:CLAS`'~IrIED - 'T'hat the following described lands, block and/or lots, to-vrit: Block "Gn Lyndon t~ddition to the City of Brest Memphis and the lands lying irmnediately north of Block '~G" arrd south of Ten Mule Bayou and more fully described as follows: Beginning at the Southwest Corner of said Block ~rG", thence north along the east line of Avalon Street to the center of Ten Mile Bayou; thence in an easterly direction along the center of Ten R4ile Bayou to a point where the center of Ten R2ile Bayou and the west line of Redding Street intersects; thence south along the west line of bedding Street to the Southeast corner of skid Block "O", Lyndon Addition; thence west along the south line of said. Block "GN, Lyndon Addition to the point of beginning, be and the same are reclassified and/or rezoned from Class "A" - Single Family Residence District to Class "C" - Multiple Fanrilty Residence lA strict. SECTION 2. REP=A?.IN G CLAUSE - H11 Ordinances or parts of Ordinances in conflict herewith are hereby repealed. "ECTION 3. il'.P.R~^FT?CY CLAUSE - This prdinance being necessary for the immediate preservation of the public peace, health and safety of the citizens of +rest Memphis, an emergency is declared to exist, and this Ordinance shall be in full force and effect from and after its passage and approval. A plat of Blcek ':G" of Lyndon Addition to the City of ti'rest +~lemphis was exhibited by Mr. Jack Rich, President of Guaranty Loan and Real Estate Company, uho advised the Council that the plat he had at this time showed the original easement and set-bTk lines as well as the proposed easement and set-back plans, however, according to ordinance he vrould file a plat with t~?e proposed easement and set-back lines. P.fter discussion of the matter and in order to/~~iTse further delay in the matter, the following motion was made by P1 Berman Bledsoe; That the plat as exhibited by Guaranty Lcan and Real Estate Comlrany be approved subject to approval of the Mayor and City Eno near, and when so approved that it be recorded. by the Circuit Court Clerk and Ex Officio Recorder within and for Crittenden County, The :notion eras seconded by Alderman Foster, and upon the matter being called to vote, the following voted; Aye: Garrison, Rowton, p].edsoe, tester, Powers, Manchester, and Bollinger. Nay: None, An ordinance entitled "An Ordinance Amending Ordinance No. 196 Providing For The Collection of Garbage, uJaste, Trash and Refuse In The City of West Memphis, Providing For Inspection of Premises, Fixing A Schedule of Fees For Said Service, Providing A Penalty For The Violation Hereof, Providing For Disposition of Any Surplus cf Fees Collected Under This ;amendment, Repealing All Ordinances Or Parts of Ordinances in Conflict Herewith And For Uther Purposes," was read the second time by Aiderrian Garrison. After discussion of the ordinance with a number of citizens who had appeared to discuss the matter with the Council before final passage, motion was made by Alderman Rowton and seconded by Alderman Bollinger that the second reading of the ordinance be approved, Upon the matter being called to vote, the following voted: Aye: Garrison, Rowton, Bledsoe, Foster, Powers, Manchester, and Bollinger. Nay: None, Messrs. Sims and Kennedy appeared before the Council to request the use of City machinery in the preparing of a ball park at the south end of 11th Street as planned by a group of citizens in that area. Mayor llacus advised Messrs. Sims and Kennedy that the City's equipment might be used in the preparation of any recreation grounds for the benefit of the citizens of '1Jest 1.:emphis. Mr, Freeman Finely, representing the Junior Ghvnber of Commerce, appeared before the Council to work out an agreement with the City for supervision of the Community House as no other organiza- tion was now interested in the project and improvements wera needed. After discussion of the matter, the following motion was made by Alder;r~n Garrison; That the constitutional officers of the Junior Chamber of Cununerce be placed in charge of the community house, subject to the supervision and control of the City Council. The motion was seconded by Plderman Foster, and upcn the matter Leing called to vote, the following voted: Aye: Garrison, Rowton, Bledsoe, Foster, Powers, Manchester, and Bollinger. Nay; None. An ordinance entitled '~An Ordinance Creating; A Board of Censors For The City of Nest Memphis, Providing For The Organization and Duties Thereof, Providing For Censoring Exhibitions Of Motion Picture Shows, Vaudeville, at,d Other .heaters, Playhouses, Circuses, Carnivals, And All Other Shovrs i;nd Performances, Providing For The Censoring of Advertising, Publicly Displayed Pictures, Literature, Magazines and Publications, Providing For A Penalty For The Violation Thereof, Repeal- ing Certain Ordinances, And For Other Purposes." was introduced in writing and read in full by Alderman Garrison. Motion was made by Alderman Manchester and seconded by Hlderman Bollinger that the first reading of the ordinance be approved, Upon the matter being called to vote, the following voted: Aye: Garrison, Rowton, Bledsoe, Foster, Powers, Lianchester, and Bc1lin~er. Play: Pd on e. Mayor Dacus appointed the follcn~ring comrnittee~ Aldermen Rowton, Bledsoe, and Powers to meet with him at j P.M. 'rVednesday, March 22nd to review a number of ~ plicants for position as police officer with the Police Department, also to assist in the details involved in the operation of the proposed ordinance that would amend prdinance No. 96, Mayor Dacus advised the Council that there are a number of variations in the set-back lines along: Broadway, After discussion of the matter, City Attorney Spears and Building Inspector Kietzman were instructed to investigate the matter and ma k: their recommendations at the next Council Meetin g, 375 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; Forrest Park Apartments Baptist Church Playground B. E. Dumman John Dixon Chickasaw Lbr. Co. J. C. Sutton 'oYallin-Dickey Rich Const. Co. ',Tallin-Dickey Rich Const. Co. Mrs. Maurine Howell ,Tallin-Dickey Rich Const. Co. '.Test Memphis Lumber Co. No further business appearing, the meeting ryas adjourned. YOR APPROVED: MARCH 21, 1950