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February 1, 1962The City Council of the City of LVest Memphis, Arkansas, met in regular session in the City of West Memphis at 3:00 o'clock P, M, on the 1st day of February, 1962, The following were present: Flayor Howell H, Price; Aldermen: R. E, Eden, Earl Felts, Kirby Leggett, Paul Matthews, Y, G, Sims, C. H, Rowton, and R, C, Bowie; and City Attorney LV, H, Dillahunty, Absent: Alderman 0. I, Bollinger. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Meeting on January 18, 1962, were approved as read. Mayor Price presental the final budget for 1962, explaining the appropriations for the various Departments of the City. The Mayor brought to the Council's attention the need of a graduate engineer to do drafting and platting for the City, and requested $6,000,00 per year foa the salary that had not been included in the budget, After discussion, motion was made by Alderman Rowton, seconded by Alderman Leggett: That the budget as presented be approved also the sum of $6,000 for employment of a graduate engineer. Upon roll call vote, the voting was as follows: Aye: Aldermen: Eden, Felts, Leggett, Datthews, Sims, Rowton, and Bowie, Nay: None, Mayor Price informed the Council the Library Board of Trustees had recommended the reappointment of Mrs. Atlee Harris, whose term of office expires on February 16th. Motion was made by Alderman Bowie seconded by Alderman Matthews; That Mrs. Atlee Harris be reappointed as a member of the Library Board of Trustees for a period of six years in accordance with Grdinance No. 314. The Council was notified of the request of Library Board of Trustees to have all funds of the Library turned over to the Board for supervision and distribution. After discussion of State Statutes that provide for authority of Library Boards, motion was made by Alderman Eden and seconded by Alderman Rowton: That the funds for the West Memphis Public Library be transferred to the custody of the Board of Library Trustees and all expenses for salaries and bills be paid from the funds, and the City pay workmen's compensation and insurance on building as they are included in group policies. Upon vote, the voting was as follows: Aye: Aldermen: Eden, Felts, Leggett, Matthews, Sims, Rowton, and Bmde, Nay: None, City Attorney W, H, Dillahunty presented the following opinion: Honorable H. B, price, Mayor City of West Memphis Arkansas Dear Mayor: January 31, 1962 Re: Proposed sale of municipally owned property to Chamber of Commerce You have requested this office to render an opinion as to whether or not the City of West Memphis can deed a portion of Lot 3, Block 1, Eugene Woods Subdivision, fronting on Broadway and lying immediately East of the circle drive at the City Hall to the West Memphis Chamber of Commerce, It is the understanding of my office that this property was deeded to the City of West Memphis and unto its successors and assigns by instrument dated December 12, 1938. This instrument does not reflect that the City is holding same for any particular trust that would require the City to utilize the property for a particular purpose as is the case of many conveyances to municipalities, This particular question has given my office considerable difficulty in that it is my understanding that such sale would be For a nominal sum in order to further the efforts of the West Memphis Chamber of Commerce which would in turn benefit the citizens of our City, Considerable research has been done in an effort to render this opinion to you as Mayor and to the members of the Council. Without citing the numerous cases read in making this research, specific attention is called to the case entitled In Re. Little Rock Chamber of Commerce v. Pulaski County, 113 Ark. 439, wherein Pulaski County conveyed to the Chamber of Commerce for the sum of $1.00 and benefits to accrue said county from the expenditure by said Chamber of Commerce of the fund raised for industrial and development purposes for the above-described land. The Supreme Court of .Arkansas held that the county could sell and convey this property of the county since it was not held in trust for specific purposes. 5 The Court further pointed out that consideration may be other than in money, and the County Court in exercising its powers may determine what is to the best interest of the county. In State, Use Miller County v. Easton, 219 Ark, 40, the Court stated that a county is in many respects likened to a munidpal corporation, In the case of Lester v. Walker, 177 Ark. 1097, the Court held that the municipal corporation may dispose of its property unless it is held in trust in the same manner that a private individual could dispose of his property, In Washington County v. Lynn Shelton Post No, 27, American Legion, 201 Ark. 301, the Court held that the county could convey to a Dion Post with the Post agreeing to construct the building for the use of the Limon Post and county, In this particular case were was no consideration other than benefits that would accrue to the citizens of the county. To the same effect see City of Blytheville v. Parks, 221 Ark. 739. Act No. 224 of the Acts of the General Assembly of the State of Arkansas of 1959, as amended by Act No. 25 of the 1961 Assembly, provides foz the disposition of property dedicated for public use and requires that same be advertised and bids accepted, This is Found in 14-701 Ark, Stat. 1961 Supp, but it is the opinion of this office that since this property in question was not dedicated for public use that such Act Eand Amendment thereto is inapplicable, It is the opinion of my office that the City of West Memphis can convey to the Chamber of Commerce a portion of the property hereinabove described to be used for Chamber of Commerce purposes. This opinion does not attempt to cover any reverter clause provisions that may be asserted in any instrument of conveyance. Respectfully submitted, W}iD/mib /S/ W, H, DILLAHUNTY City Attorney ~~~+*+. Mayoz Price appointed a committee of Aldermen Sims, Felts, and Bowie to work with the City Attorney and a committee to be appointed by the Chamber of Commerce on deciding how much land would be needed and other matters pertaining to transfer of property with reverter clause. After discussion, motion was made by Alderman Eden seconded by Alderman Bowie: That City Attorney be instructed to prepare proper instruments to transfer to Chamber of Commerce the property. Upon vote, the voting was as follows: Aye: Aldermen: Eden, Felts, Leggett, Matthews, Sims, Rowton, and Bowie. Nay: None, No further business being presented, motion was made by Alderman Felts seconded by Alderman Bowie to adjourn. The voting was as follows; Aye: Aldermen: Eden, Felts, Leggett, Matthews, Sims, Rowton, and Bowie. Nay: None, ATTEST-5---'sIE~~~C~~ CITY CLERK MAYOR APPROVED: FEBRUARY 15, 1962