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January 15, 1952~~ MINUTES OF A REGULAR PdEETTNG OF THE CITY COUNCIL OF THE CITY OF' 1VEST I~I+ipHTS, .:...HAD:. AND -HELD :ON<JANUARX _1.'i, ,:1952: ..:.. ~- ~~ .: The Council of the City of West rrganphis met in a regular session at the City Hall in said City at 7;30 p.M, on the 15th day of January, 1952. The meeting eras called to order by the P~fayor, and the roll being called there were: Present: Mayor VJ. B. Fordyce in the chair and the following named Aldermen; James Bledsoe, U. I. Bollinger, Freeman Finley, Curtis Foster, R. L. Garrison, A. R. Manchester, P. B. Powers, and C. H. Rowton; City Attorney J. H. Spears, and City Clerk Kenneth Ftollis. Absent; None. The following proceedings were had to-wit: Minutes of Council Meetings on January 1, 8th, 9th, 11th, and 12th were read and approved.. Mayor Fordyce called to the Councils attention that there was a coin operated amusement game known as a pinball Machine at the Dabbs Esso Service Center, and that was a violation of Ordinance No. 95 "An Ordinance Prohibiting Coin Operated Amusement Games in the City of Vrest Memphis, Arkansas~~. After discussion of the matter, Chief of police Holland was ordered to enforce said ordinance. Mayor Fordyce advised the Council that plans were being made on the costs of materials, labor, etc. to establish rates for vrork done on private property by the City in order that such work would not be done at a loss to the City. Also, the renting of City~s equipment would knave to have established rates, however, it was not the City~s intention to be in .competition to any equipment dealer but merely as an assistance to citizens where there bras a difficulty in obtaining equipment for private projects. After discussion of the matter, Alderman Garrison advised that the Associated General Contractors pub fished a list of rates for the use of equipment; thereupon, motion was made, passed, and adopted that the City adopt the schedule of rates as published by the Associated General Contractors for equipment owned by the City. Mayor Fordyce next advised the Council that the "Refuse Getter~~ on Garbage Truck No. 3 way in creed of extensive repairs that in meeting the garbage collection schedule had to have the equipment in good shape. An estimate of X800.00 for repairs had been made by Jim Bailey, Superintendent of public F~forks. After discussion of the matter, motion was made, passed, and adopted authorizing the repairs to the garbage truck. The condition of the shoulders of the highwa}rs within the City Limits was discussed, and Mayor Fordyce informed the Council that plans were being negotiated with the State Highway Department for tkre maintenance of the shoulders. Also, the City's asphalt streets being bad],y in need of repairs was discussed, the Mayor advised that asphalt could be obtained from Lehman-Roberts Asphalt Company for X7.50 per ton f.o.b. Memphis. Af ter discussion of the matter, Mayor Fordyce was authorized to order Lao tons of asphalt for repair and surfacing of the City's streets. P.4otion was made by Alderman Bledsoe and seconded by Alderman Garrison that an increase of 10~ on the City's part of the salary paid for the salary of the Pdunicipal Court Clerk be given Jean Hillencamp. Upon the matter being called to vote, the following voted: Aye: Bledsoe, Bollinger, Finley, Foster, Garrison, Manchester, Powers, and Rowton. Play: None. Motion eras made by Atlerman Bledsoe and seconded by Alderman Garrison that an increase of 10~ be made in the salary of Pbrs. Sarah Smith. Upon the matter being called to vote, the following voted: Aye: Bledsoe, Bollinger, Finley, Foster, Garrison, 1lanchester, powers, and Rowton. Nay: None. It was brought to the Council's attention that Judge Edward J. Rubens had requested that the Council consider an increase in the salary of the Judge of the Pafunicipal Court due to the necessity of having longer Court Sessions and Court sessions being more frequent it was demanding most of his time in Court. After discussion of the matter, motion was made by Alderman Bledsoe and seconded by Alderman Garrison that the salary of the Judge of the I,Runicipal Court be increased to ~1a,800.00 per year effective as of January 1st. Upon the matter being called to vote, the following voted: Aye: Bledsoe, Bollinger, Finley, Foster, Garrison, P~Sanchester, Powers, and Rowton. Nay; None. _ _ _ __ _ tdayor Fordyce advised the Council he had received bids for grader blades as follows; J. A. Riggs Tractor Company 1/2" g 8'~ g 6~ Square Erui, Single Bevel Gravel blades, 50 (25 sets) or more, X1.30 per ft. or X7.80 per blade - Plus 2°.d State :ales ~i'ax. i~ Less than 50 blades, ~l.lyl per ft. or :~8.1r6 per blade. Plus 2N State Sales Tax. ~~ F.o.b. West Pdemphis. ~ Choctaw, Inc 1/2" x 8" x 6~ Grader Blades at X1.20 ft. f.o.b. ldest P:•temphis. i Choci;aw, Inc. being the lower bidder, motion was made by Alderman Garrison and seconded by Alderman Bledsoe to accept the bid of Choctaw, Inc. Upon the matter being called to vote, the following voted: Aye: Bledsoe, Bollinger, Finley, Foster, Garrison, l,:anchester, Powers, arrd Rowton. ii I~ Nay; None. ,, 1'aayor Fordyce announced that the meeting was open for consideration of the Llemphis Uiew housing Project; that in accordance with decision at the meeting of the Council on January 12, 1952, at vthich ti;ae a proposal was rar~de by the City to the contractor, Guallace E. Johnson, Inc., vd~o accepted the proposal; that t1;e proposal was to be put in final form for flzrther consideration by the Council. City Attorney spears then advised the Council of a I,~eting vri.th Attorney John yfartin, Attorney for 1'Vallace E. Johnson, Inc., and DeWitt Hines of the federal Y,ousing Administration; that considerable worl: had been done on the preparation of the contract, but vvas not yet in final form; that certain points needed clarification befcre the contract could be concluded. Direction of the Council was requested in connection vrith the matter of placing bond. with the City in the sum of x;225,000.00 with the City for the construction of 271V houses, as to whether or not any part of the bond would be returned in case less tkran 271V houses were built. Further whether the ;100,000.00 from ~+allace E. Johnson was to be escrowed and if so how should be withdrativn and under what terms and conditions. The City Attorney was instructed to proceed with the matter and to have contract as nearly complete as possible for further study and consideration by the Council. A Petition presented to the Council on December 18th for the abandcring and closing of an alley in Hlock ~'C" of the Lyndon Addition was read by City rttorney Spears, who advised that a notice of a Hearing on the Petition had been published and any interested person or persons advised to arpear before the Council on this date. Thereupon, f,4ayor Fordyce announced that anyone present who wished to oppose the abandoning and closing of said alley to please make known their objections, if any. No one appeared to object to the Closing of said alley and thereupon, the following ordinance vvas introduced in writing by alderman Bollinger. Said ordinance was read in full by Alderman Bledsoe, who moved its adoption, seconded by Alderman Garrison, and after due consideration thereof by said Council, the P~layor put the question upon the adoption of said motion, and upon passage of said ordinance, and the roll being called, the following voted; Aye: Bledsoe, Bollinger, Finley, Foster, Garrison, IJlanchester, Powers, and Rovrton. Nay; None. ORDINANCE N0. 20lV BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF VVES'P l:~'1dPHIS, ARtKAN~AS: ~'JHEREAS, a petition was duly filed with the City Council of the City of Wiest laeurphis, Arkansas, on the 7th day of December, 1951, asking the City Council to vacate and abandon the alley upon, over and across Block nCn of the Lync9on Addition to the City of Vuest hleurphis as shown by plat of record in plat Book 1 at page 70 in the office of the Circuit Clerk and Ex-Officio Recorder vrithin and for Crittenden County, Arkansas, said alley being unna;ned and unnumbered and across said Block "C" of the Lyndon addition to the City of 1'~est PSemphis. PIIPEREAS, after due notice as required by law, the City Council has, at the time and place mentioned in the Notice, heard all persons desiring to be heard upon the question, and has ascertained that said alleyway has heretofore been dedicated to the public use as an alley; that the same Yeas not actually been used by the public generally for the past five years, or in fact, at arty time subsequent to its dedication; that all the ovaners of property abuting upon the portions of said alley be vacated have filed with the Council their written consent to such abandorvnent and that the public welfare will not be adversely effected by the abandorunent of said alley or passageway. NOI~f THEREFORE, BE IT ORDAINED BY lid CITY COUPICIL OF TIiL CITY OF WEST IaEP:IYHIS, A1fiiAN:iAS: SECTIUPI 1. The City of vuest P~lernphis, Arkansas hereby releases, vacates and abandons all its rig , ogether with the rights of the public generally, in and to the portion of the alley or passage described as follovrs; ~~ ~~. That certain alley upon, over and across Block nCn of said I,lndon tiddition, separating Lot Five (5) on the North and Lots One (1), Two (2), 'T'hree (3) and Four (1~) on the South in said block as shown by plat of record in plat Book 1, page 7U in the office of the Circuit Clerk and Ex-Officio Recorder in and for Crittenden County, Arkansas SECTION 2. A copy of this Ordinance duly certified by the City Clerk shall be filed in re office of the Recorder of Deeds in and f'or Crittenden County, Arkansas. SECTICN 3. This Ordinance shall take effect and be in force from and after its passage a approvel. -it 3t-lfit##rHHH1 An ordinance to annex property east of the City Limits site of the proposed Memphis View Project vvas discussed. The discrepancies in description were pointed out by City Attorney J. H. Spears, and who stated that he merely wanted to tail the Councils attention to them so that they could not be charged to trim or indicate inattention to his duty in preparation of the Ordinance. Thereupon the following ordinance was introduced in writing by Alderman Garrison: 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 Manchester, and thereafter the Mayor put the question on the adoption of said motion, and the roll being called, the follotiving voted: Aye: Bledsoe, Bollinger, Finley, Foster, Garrison, IsIanchester, Powers, and Rowton. Nay: ldone. "rlrereupon the Mayor declared the motion duly passed and said ordinance placed. on its second reading. The ordinance was then read the second time by Alderman Mancheater. Alderman Rowton then moved that said ordinance be now placed upon its final adoption; motion was seconded by Aldennan 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 called, the following voted: Aye: Bledsoe, Bollinger, Finley, Foster, Garrison, i,ianchester, Powers, and Rowton. Nay: None. Whereupon the Mayor declared tl~e rnotion duly carried and said ordinance placed upon its final reading and adoption. Said ordinance was read in full by Alderman Bollinger who moved .its adoption, seconded by Alderran Finley, 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: Bledsoe, Bollinger, Finley, Foster, Garrison, lanchester, Powers, and Rowton. Nay: None. 'Whereupon the Pdayor called to the Councils attention t1~at the ordinance, adopted, contained an emergency clause and suggested that specific action should be taken by the Council on this clause. ~~hereupon motion was made by Aldezman Finley and duly seconded by Aldennan Foster that the emergency clause of said ordinance be adopted, and the roll being called, the following voted: Aye: tlledsoe, Bollinger, Finley, Foster, Garrison, Manchester, Powers, and Rowton. Nay: lone. Whereupon the Mayor declared said motion duly adopted and said ordinance duly passed, and signed his approval to said ordinance and the pity Clerk was directed to spread the same upon the record of Ordinances of the City of West Memphis, Arkansas, mrd to have same published as required by law, aryl to number said ordinance No. 205. Said ordinance to v~rich no amerxlmerrt vv2s offered read as follows: OR7IPIANGE NO. 2U5 i~ AN ORDINANCE IPICORPUl2ATING CERTAIN TERRITORY ADJACENT Ti THE CI'!7 OF' WEST I.iELiPHIS IPI TF~ CORPORATE LIMITS GF TIIE CITY OF W:ST 1.1EI'PHIS, ARKM1:iAS YYHEREAS, on February 5th, 1951, the Count, Court of Crittenden County, Axicansas, made an Order annexing certain lands therein described to the City ofWest P:femphis pursuant to Petition by Mrs. J. P. LIchnight and thirteen others, and 1'JfIERi:.AS, the signers on said petition constitute a majority of the oti°rners in the affected area and also a majority of the residents of the affected area, and YuI-IEN.EAS, it would be to the best interests of the City of nest I•iemphis arx9 the citizens thereof that said territory be incorporated into the City of ~~est iaeraphis, now THI3REFORE, BE IT ORDAINED BY 'I'HE CITY COUNCIL OF TIIE CITY OF WEST I.1E"i;~HIS: SECTION 1. That the following described lands, contiguous to and adjoining the City ~ e~ st FTernphis, Crittenden County, Arkansas, to-wit: Land located in Crittenden County, Arkansas beginning at the quarter (~) Section corner of Section Eight (8) and Seventeen (17), Township Six (6) North, Range Nine (9) East, a point on the East boundary line of the City of West Memphis, Arkansas, thence North to the Ten P~iile Bayou; thence rJesternly down the colter of the Ten Mile Bayou to the intersection of the 6tiest line of the Southeast uuarter (SE4) of the Southwest G~uarter (sy~,'i) of Section Eight (8); thence North to the sec- tion line between Section Five (5) and Eight (8); thence East to the Ten I~lile Bayou; thence South down the center of the `1'en P:1ile Bayou to the intersection of tyre North line of the South half (Sz) of the South- east ;quarter (SE4); thence East along the said line to the Section line betYVeen lectiarx Eight (8) and Nine (9); tixence South to Highvray ~'l0; thence South betvreen Sections Sixteen (16) and Seventeen (17) to the north right-of-way line of the Chicago Rock Island and Pacific Railroad; thence in a southwesterly direction along said north right-of-way line of said railroad to a point which is the intersection of the north right-of-way line of the Chicago Roclc Island and Pacific Railroad with the present city limits of Westl;iemphis; thence perpendicular to the said rail- road right-of-way boundary, in a northwesterly direc- tion and along city limits to a point measured three hundred fifty (350) feet from the center line of said railroad; thence in a Northeasterly direction and parallel with the center line of the said Chicago Roc}t Island and Pacific Railroad and three hundred fifty (350) feet distance therefrom to the east line of the Southwest quarter (SWQ) of Section Seventeen (17); thence north along the center line of Section Seventeen (17) to the point of beginning. A plat of said lands, prepared by Judge C. H. Bond, Civil Engineer, under date of December lU, 1950, is attached hereto, and is made a part of this ordinance. be annexed and incorporated into the City of tiYest I.Ienrphis. SECTION 2 - E1.IERGENCY CLAUSE - It appearirrt to the City Oouncil that the above described lands are contiguous and adjacent to the City of yJest 1vlernphis; that said lands are being subdivided and sold for residential and other purposes; that it is necessary that this Ordinance be passed and said lands be incorporated into the City of Vest PJienrphis so that proper zoning ordinance may be passed and construction regulated and supervised, an emergency is declared to exist and this Ordinance shall be in flrll force and effect from and after its passage and approval. ;z;rrrr-:r;YHHYrrrat~ City Attorney Spears advised the Council that according to a recent ruling of the Circuit Court Ordinance PIo. 1117 crAn Ordinance defining, regulating and licensing solicitors and canvassers and providing penalties for the violation thereofcr had been declared unconstitutional. However, due to the request of a nwnber of citizens of the City he had prepared an ordinance in accordance with a ruling of the United States Supreme Court on solicitors and canvassers, and presented said ordinance for tPre consideration of the Council. After discussion of the natter, the ordinance vas introduced in writing by Alderman Bollinger. Alderman Garrison mo.ed that the rule requiring said ordinance to oe read in full on three different days be suspended, and that said ordinance be placed on its second roading; motion was seconded by Aldermar. ,'inle;,~, and t.,ere.af ~;>r t'~e i_~,-:~r In:.t the question on the adoption or said motion, and the roll bei.na called, the follotiving voted: ILye: Bledsoe, Bollinger, Finley, Foster, Garrison, 1.Ianchester, Pourers, and Rowton. Nay; Pdone. ~~ 1'Jhereupon the r,Iayor declared the motion dul;;~ passed and said ordir><nnce placed on its second readir>g. i'he ordinance eras then read the second time by Alderman Bledsoe. Alderman Rovrton then :coved that said ordinance be now placed upon its final adoption; motion vras seconded by ,1lderman Bollinger, arxd after due consideration trxereof by said Council, the Paa3ror put the question on the adoption of the motion, and upon the roll being called, the following voted; Aye: Bledsoe, Bollinger, Finley, Foster, Garrison, T~anchester, Powers, and Rowton. A1ay: None. lrhereupon the I:Iayor declared the motion duly carried and said ordinance placed upon iia final reading and adoption. Said ordinance was read in full by Alderr~,an Powers who moved its adoption, seconded by Alderman I<~iancr,ester, 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 t•he roll being called, the following voted: Aye: Bledsoe, Bollinger, Finley, Foster, garrison, lvfanchester, Powers, and Itovrton. Nay: None. tiUhereupon the Mayor called to the Councilrs attention that the ordinance, adopted, contained an emergency clause and suggested that specific action should be taken by the Council on this clause. 1~hereupon motion was made by Alderroa.n Foster and duly seconded by Alderman Garrison that the emergency clause of said ordinance be adppted, and the roll beinT; called, the following voted; Aye: Bledsoe, Bollinger, Finley, Foster, Garrison, I,ianchester, Pourers, and Rowton. Nay; None. tiUhereupon 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 City of hest E'.ernphis, Arkansas, and to have same published as recprired by law, and to number said ordinance No. 206. Said ordinance to which no amendment was offered read as follows; ORDINANCE NO. 206 3E TT GRDAINEll BY THP; CITY COUNCIL OF TIIE CITY Grp' WEST I~iEi~iPH1S, i1RItiAN:iA5: SECTIOr1 1. PEllD1,IrIG ATdll SGLICITIIvG DECLARIiD A NUIS:ir1CE -The practice of Eoing in and upon private residences in the City of yyest Liernphis, firY.ansas, by solicitors, peddlers, hawkers, itinerant merchants and transisi; vendors of merchandise, not having been requested or invited so to do by the owner or owners, occupant or occupants of said private residences, for the purpose of soliciting orders for tlxe sale of goods, wares and merchandise, and/or for the purpose of disposing of and/or peddling or havrr;ing the same and/or rendering of service, is hereby declared to be a nuisance, and ~>unishable as such nuisance as a misdemeanor. SECTION 2. SUPPRESSIOII CF rdTJI3ArdCE -The Chief cf Police of the City of ;lest I+lemphis is hereby required and directed to suppress the same and to abate any such nuisance as is described in the first section of this ordir>a,rxce. SECTION 3. PEI~'ALTY - Arty person convicted of perpetrating a nuisance as described and prohibited in the first section of this ordinance, upon conviction thereof shall be fined in a sum not less than T66'ErTTF-FIVE (q~25.00) DOLLARS or more than FIVE HUNDRI~D (yp5U0.00) DOLLARS, together 1Ylt}x costs of the Court. SECTION Lr. Eh;EEGENCY CLAUSE - It being determined that there are many persons going in and about and upon streets of the City of YJest r.Iemphis and upon private property, peddling and soliciting ;terns of various kinds, many of wrrich are dangerous; that many people have been cheated, wronged and defrauded of their money and goods by unauthorized. solicitors; that marry people are annoyed by solicitors ringing doorbells, knocking on doors and disturbing the peace and quietude of mar>5* residents of the City of .Uyest Memphis at all hours of the day and night; that many solicitors are persistent in their efforts to sell; that ma1~y complaints have been made to the City Council of the City of West r:Iemphis and the Police Force of annoyance by solicitors and that such annoyance exists to such an extent that an emergency is declared to exist, and this Urdinarrce shall be in full force and effect from and after its passage and approval, itiKl-7i-3Ht-tEiHFiP It was brought to the Councils attention that a recoruaendation made by the Council to the Light ?c `J4ater Commission on A,oril 3, 1951, to dispense vrith the retainers fee for the law fine of Clifton & Tual had. not been acted upon by the Corvnission. After discussion of the matter, b4ayor Fordyce was instructed to refer the matter to the Commission at their next meeting. No further business appearing before the Council, motion was made by Alderman P~ianchester and seconded by Alderman Bledsoe to adjourn the meeting. Upon the matter being called to vote, the following voted: Aye: Bledsoe, Bollinger, Finley, Foster, Garrison, Pdanchester, Pov+ers, and Rovrton. Nay: None. ATTEST: ~ ~j CL R AFPRCVED: FEBRUARY 5, 1952 t