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December 18, 1951V MINUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF tidr:i'P MEMPHIS, _ . _: ARKANSAS,,: ,HAD AND,: HELD QN _-ECEEdBER: lB, :1Q51, -, •. _ , _ _. _ _ _ ~ .: r . __ . The Council of the City of West Memphis met in a regular session at the City Hall in said City at 7:3G P.M. on the 18th day of December, 1951. The meeting was called to order by the Mayor, and the roll being called there were: Present: Mayor P. M. Dacus in the chair and the following named Aldermen: R. R. Morley, 0. I. Bollinger, Curtis Foster, James Bledsoe, A. R. Pvlanchester, P. B. Powers, and R. L. Garrison; City Attorney J. H. Spears, and City Clerk Kenneth Hollis. Absent: Alderman C. H. Rowton It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Meeting on December 1~, 1951, were read and approved. Mayor Dacus announced that this being a joint meeting of the Council and Light & Water Commission the business of the Commission would be conducted first. Thereupon, matters pertaining to the Light & Water Department were discussed and acted upon. The Commission recommended to the Council the acceptance of the water well according to contract with Layne-Arkansas Company dated July 25, 1950. After discussion of the recommendation, motion was made, passed, and unanimously adopted approving acceptance of the water well. Mr. A. L. Hammett appeared before the Council to request permission to move temporary structure on the lot at 816 E. Broadway which is supposed to be used as a cafe. After a discussion of the matter, Mr. Hammett was advised the location is in a restricted fire zone; that on],y buildings having g thirteen inch brick wall or its equivalent could be erected in this area. However, it was suggested if a majority of the property owners owning property within one-half a block on each side of the proposed location and on both sides of the street could be obtained, the matter would be given further consideration. Mayor Dacus advised the Council of an oversight in the appointment of Light & Water Commissioners inasmuch as the terms of appointment of Commissioners E. J. White and Charles J. Upton had expired, however, they had been continuing in the capacity as Commissioners until appointor®nts were made as provided in the Ordinance organizing the Commission. Thereupon, the following recommendations were made to the Council by Mayor Dacus. The reappointment of Mr. L. J. 3Vhite for the period May 1, 1950 to May 1, 195l~, and that appointments be now for them. After a discussion of the matter, motion was made by Alderman Bollinger, and seconded by Alderman Bledsoe, to approve the appointment of Mr. E. J. Y~hite as a member of the Light & Water Commission as of May 1, 1950 to May 1, 1954. Upon the matter being called to a vote, the following voted: Aye: Morley, Bollinger, Foster, Bledsoe, Manchester, Powers, an3 Garrison. Nay: None. The reappointment of Charles J. Upton for the period of May 1, 1951 to May 1, 1955, and that the appointment be now for then. After a discussion of the matter, motion was made bJ' Alderman Bledsoe and seconded by Alderman Foster, to approve the appointment of Charles J. Upton as a member of the Light and Water Commission as of May 1, 1951 to May 1, 1955. Upon the matter being called to a vote, the following voteds Aye: Morley, Bollinger, Foster, Bledsoe, ~`anchester, Pavers, and Garrison. Nay: None. It was brought to the Council's attention that Mayor Dacus was retiring from office as of December 31st, and Mr. W. B.-Fordyce, who had been elected Mayor at an election on November 6th, would take office as of Jarniary 1, 1952. Also, the duties of the Mayor having greatly increased due to the growth of the City an adjustment in the salary of the Mayor should be considered. After discussion of the matter, the following ordinance was introduced in writing by Alderman Bollinger: Alderman Bledsoe 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 Alderman Foster, and thereafter the Mayor put the question on the adoption of said motion, and the roll being called, the following voteds Ayer Morley, Bollinger, Foster, Bledsoe, Manchester, Powers, and Garrison. Nay: None. Whereupon the Mayor declared the motion duly passed and said ordinance placed on its second reading. The ordinance was then read tt,e second time by Alderman Morley. Alderman 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 Mayor put the question on the adoption of the motion, and upon the roll being tailed, the following voted: Aye: Morley, Bollinger, Foster, Bledsoe, Manchester, Powers, and Garrison. Nay: None. Whereupon the kYlayor declared the motion duly carried and said ordinance placed upon its final reading and adoption. Said ordinance was read in full by Alderman Foster, wk~o moved its adoption, seconded by Alderman Bledsoe, 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: Aye: Morley, Bollinger, Foster, Bledsoe, Manchester, Powers, and Garrison. Nay: None. Whereupon 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. Thereupon motion was made by Alderman Bledsoe and duly seconded by Alderman Morley that the emergency clause of said ordinance be adopted, and the roll being called, the following voted: Aye: Morley, Bollinger, Foster, Bledsoe, Manchester, Powers, and Garrison. Nay: None. Whereupon the Mayor declared said motion duly adopted and said ordinance duly passed, and signed his approval to said ordinance anu 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 No. 203. Said ordinance to which no amendment was offered read as follows: ORDINANCE N0. 203 BE IT ORDAINED BY TIIE CITY COUNCIL OF THE CITY OF WEST k~IPHIS, ARKANSAS: SECTION 1. SALARY OF MAYOR - The salary of the Mayor, after the effective date of this Ordinance, shall be Four Thousand Eight Hundred 04,800.00) Dollars per year, which said salary shall be payable in monthly instalLnents of Four Hundred 01100.00) Dollars each. SECTION 2. EFFECTIVE DATE - This Ordinance shall be effective from and after January 1, 1952. SECTION 3. EMERGENCY CLPaUSE - It being determined that the salary of the Mayor is at present inadequate and it being further determined that it would be to the best interest of the citizens of West Memphis that the salary be adjusted, an emergency is hereby declared to exist and this Ordinance being necessary foi: the immediate preservation of the public peace, health and safety, said Ordinance shall be in full force and effect from and after January 1, 1952. Mayor Dacus advised the Council of the recommendations of the committee on the salaries of the City employees. Thereupon, motion tivas made by Alderman Morley and seconded by Alderman Bledsoe to approve the recommendations of the commdttee. Upon the matter being called to vote, the following voted: }dye: Morley, Bollinger, Foster, Bledsoe, Manchester, Powers, aryl Garrison. Nay: None. City Attorney Spears reported to the Council on the progress being made in the collection of costs of construction of curbs on Missouri Avenue. A report was made by Mayor Dacus on the financial condition of the City, and the Council advised funds would be available to pay all outstanding bills of the City as of December 1st and salaries of City employees as of December 31st, that there ass an amount due Choctaw, Inc. for pipe, hotivever, arrangements had been made to pay this account at a later date. 56; The folloxing petition was presented to the Council by Alderman Morleyz P E T I T I O N Whereas, R. Bland Mitchell, Bishop of Arkansas Protestant Episcopal Church, is now the owner and holder of the legal title to the f ollowing described properly, to-wits Lots One (1), Two (2), Three (3), Four (1~) and Five (5), Block ++C++ of the Iyndon Addition to the City of -~est R4emphis, Arkansas, as shown by plat found of record in Plat Book 1 at page 70 in the ogice of the Circuit Court and Ex-Officio Recorder within and for Crittenden County, Arkansas. Whereas, all of said block is now owned and/or the legal title held by the said R. Bland Mitchell, and Whereas, it is the desire of the owner of said lots that the alley upon, over and across said block be abandoned and closed for the reason that the present owner contem- plates building upon said block, and that said buildings vrill be so constructed that said building or parts thereof will be situated upon and over said easement, and 'Whereas, the present owner has no use for said alley and desires that the same be closed, and since the present owner owns all of the lands abuting on each side of said alley, or passageway, is entitled to petition the City Council of said City of West Memphis to abandon said alley and/or passageway, now I, R. Bland Mitchell, being the owner and/or holder of the legal title to ail of the above described block hereby request and petition that said alley and/or passageway be abandoned, and I further state that I will ,join in an agreement with the City of west Memphis as prescribed by Section 19-3$17 (Ark. Statutes Annotated, 19I~7) for the abandonment of said alley and/or passageway. 1Yitness ~ hand this day of ecember, 1951. at+ta~t~aHS~;Hf After discussion of the petition, City Attorney Spears advised the Council he would have necessary papers and notice prepared for a hearing on the Petition at the Council Meeting on January 15, 1952. The Building Inspector presented the following 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 permits: Herman Spicer G. W. McAuley Katie Robinson Jimmy Walker Chickasaw Lumber Company City Motor Sales No further business appearing, the meeting ass adjourned. OR A~T,T'F~ST: ~ C C APPROVED: JANUARY 1, 1952