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March 19, 196423~ i•ffNUTES OF A REGULAR P~ETIIJG OF THE CITY COUNCIL OF TIi/' CITY OF WFST h~~~PHIS, axaN A HELD AT THE CITY HALL IN SAID CITY ON THE 19TH DAY OF 2~:ARCH 19F1~ The City Council of the City of ~vlest Alemphis, Arkansas, met in regular session at its regular meeting place in West t+iemphis, Arkansas, at 3:00 o'clock P.M. on the ~ th day of Narch, 19E4. There were present: N,ayor Bob Eden, and Aldermen: Y. G. Sims, F. C. ldeis, 0. I. Bollinger, R. C. Bowie, Earl Felts, Kirby Leggett, Paul D'atthews, and C. H. Rowton; and City Attorney W, H. Dillahunty, Absent: None. It being determined a quorum was present, the following proceedings were had to-wit: b'otion was made by Alderman P(atthews, seconded by Alderman Rowton: That Council N;eeting of Narch $, 19F4, be adjourned. Upon vote, the voting was as follows: Yes: Aldermen: Sims, Weis, Bollinger, Bowie, Felts, Leggett, A:atthews, and Rowton. No: Nene. ATTEST: APPROVED; APRIL 2, 1961a f~:A YOR c3 ~' MSNUTES OF A REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HELD AT THE CITY HALL IN SAID CITY ON THE 19TH DAY OF bfARCH, 1964. The City Council of the City of West Memphis, Arkansas, met in regular session at the regular meeting place in West Memphis, Arkansas, at 3:10 o'clock P.M. on the 19th day of March, 1964. There xere present: Mayor Bob Eden, and Aldermen: Y. G. Sims, F. C. Weis, 0. I. Bollinger, R. C. Bowie, Earl Felts, Kirby Leggett, Paul Matthews, and C. H. Roxton; and City Attorney W. H. Dillahunty. Absent: None. It being determined a quorum was present, the following proceedings were had to-wit: MSnutes of Council Meeting on March 5, 1964, were approved as read. Mayor Eden informed the Council the xeek of N.arch 15-22, 1964, had been designated in Arkansas as "DeMolay Week", and that a group of young men were present, who had been selected as Junior Officials for the day. The Mayor stated after completion of matters on the agenda, the Junior Officials will conduct a meeting. The Council xas informed Bids for Workmen's Compensation, Public Liability-Excluding Automobiles, and Public Liability-Automobile Fleet will be received at 3 P.N,. March 26, 1964. Inasmuch as the City's insurance expires prior to the next Council Meeting, the Mayor appointed a committee of Aldermen N:atthews, Leggett, Bollinger, and City Clerk DeGraff to receive the bids. After discussion, motion xas made by Alderman Leggett, seconded by Alderman Rowton: That the committee amointed to receive the Insurance Bida be authorized to award contract for insurance. Upon vote, the voting was as follows: Yes: Aldermen: Sims, Weis, Bollinger, Bowie, Felts, Leggett, Matthews, and Roxton. No: None. Mayor Eden brought to the Council's attention according to Ordinance No. 403 the Board of Examiners for Electricians must be appointed before the first day of April of each year. After discussion, action on the matter was held in abeyance. Alderman Bollinger reported the Police Committee had studied the bids £or the police cars and ararded the bids to A. J. Thomas, Inc. for 2 units being $276.00 cheaper than the McCaa bid, and one Pontiac and one Chevrolet were traded-in. City Attorney Dillahunty informed the Council in accordance with "Cooperation Agreement" between the Housing Authority and the City the City is to accent dedication of all interior streets, roads, alleys, adjacent sidewalks, storm and sanitary sewer mains when completed in accordance with specifications furnished by the City, and the following Resolution had been prepared for consideration of the Council. RESOLUTION N0. 272 WHEREAS, an agreement between Housing Authority of the City of West Memphis, Arkansas, and the City of West Memphis, Arkansas, entitled "Cooperation Agreement" was entered into on the 15th day of January, 1959, providing in paragraph 6 of such agreement as follows: "(a) It will accept the dedication of all interior streets, roads, alleys, and adjacent sidewalks within the area of such Project, together with all storm and sanitary sewer mains in such dedicated areas, after the Local Authority, at its own expense, had completed the grading, improvement, paving, and installation thereof in accordance with specificatlons acceptable to the Municipality; "(b) It will accept necessary dedications of land for, and will grade, improve, pave, and provide sidewalks for, all streets, bounding such Project or necessary to provide adequate access thereto (in consideration whereof the Local Authority shall pay to the Municipality such amount as would be assessed against the Project site for such work if such site were privately owned and "(8) It will provide, or cause to be provided, water mains, and storm and sanitary sewer mains, leading to such Project and serving the bounding streets thereof (in consideration whereof the Local Authority shall nay to the Municipality such amount as would be assessed against the Project site for such work if such site were privately owned)." and WHEREAS, City of West Memphis has received a request from the Housing Authority of West Memphis to comply with said paragraph 6, in that all of the requirements therein provided have been completed by the Housing Authority of West N.emphis, and WHEREAS, such request should be complied with by the City of West N:emphis; NOW, THEREFORE, be it resolved by the City Council of the City of Weat Memphis that the City be, and it is hereby authorized to accept dedication of all interior streets, roads, alleys, adjacent sidewalks, and storm and sanitary sewer mains in such dedicated areas, and as more fully set forth in paragraph 6 of such Cooperation Agreement. After discussion, motion was made by Alderman Rowton, seconded by Alderman Weis: That the Resolution as presented be adopted, Upon vote, the voting was as follows: Yes: Aldermen: Sims, Weis, Bollinger, Bowie, Felts, Leggett, Matthews, and Rowton. No: None. The Council was informed the Planning Commission on March 3rd had recommended the rezoning of North 20 feet of Lot A, Block C of Southcreast Subdivision. Thereupon, Alderman Matthews introduced an ordinance entitled "An Ordinance To Rezone The North 20 Feet Of Lot A Block C Of The Southcrest Subdivision To The City Of West Memphis, From A M-3 Industrial Zone To A RS-7 Residential Zone" which xas read in full by Alderman Leggett. Alderman Bowie then moved that the rule requiring the reading in full of an ordinance on three different days be dispensed with. The motion was seconded by Alderman Bollinger and on the roll being called the voting xas as follows: Yes: Aldermen: Sims, Weis, Bollinger, Bowie, Felts, Leggett, Matthews, and Rowton. No: None. The Mayor declared that more than txo-thirds of the members composing the Council had voted in favor of the motion to suspend the rule and that it xas carried. Alderman Felts then moved that the ordinance as read be adopted. This motion was duly seconded by Alderman Sims, and on the roll being called the voting was as follows: Yes: Aldermen: Sims, Weis, Bollinger, Bowie, Felts, Leggett, Matthews, and Rowton. No: None. The Mayor declared that the ordinance had been adopted, sad then called attention to the fact that Section 3, the emergency section, must be adopted upon a separate roll call in order to be effective. Alderman Weis then read Section 3 again. Alderman Roxton moved that Section 3 be adopted. This motion was duly seconded by Alderman Matthews, and on roll call the following voted: Yes: Aldermen: Sims, Weis, Bollinger, Bowie, Felts, Leggett, Matthews, and Rowton. No: None. The Mayor then declared that the ordinance and the emergency section had been duly passed, and thereupon he signed the ordinance in open Council meeting, his signature was attested by the City Clerk under the seal of the City. The ordinance read as follows: ORDINANCE N0. ly$1 AN ORDINANCE TO REZONE THE NORTH 20 FEET OF LOT A BLOCR C OF TAE SOUTHCREST SUBDIVISION TO THE CITY OF WEST MEMPHIS, FROM A M-3 INDUSTRIAL ZONE TO A RS-7 RESIDENTIAL ZONE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS: SECTION I. That the North 20 Feet of Lot A, Block C of the Southcrest Subdivision to the City of West Memphis, Arkansas, according to a plat of record in Plat Book 1 at page 41, in the office of the Circuit Court Clerk and Ex-Officio Recorder for Crittenden County, Arkansas, is hereby rezoned from a M-3 Industrial Zone to a RS-7 Residential Zone. SECTION II. ORDINENCES IN CONFLICT HERErJITH REPEALED: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION III. It is found and declared by the City Council of the City of West Memphis, Crittenden County, Arkansas, that this Ordinance is necessary for the growth and expansion of the City of West Memphis, and therefore, an emergency is hereby declared to exist and this Ordinance shall be in force without delay. ~a-x-x-u~x~u-x~ C1ty Attorney Dillahunty informed the Council J. R. Walker and W, S. Cheek had presented rezoning application to the Planning Commission on March 3rd and the Commission had acted favorably on their application, also the Crittenden County Planning Commission had considered the application due to the property being outside the City Limits, and had recommended in a letter to Mayor Eden that petition for rezoning be granted. Attorney Jake Brick, representing the Petitioners, xas present and discussed the matter with the Council. Alderman Rowton introduced an ordinance entitled "An Ordinance To Rezone Certain Zoned Property From C-7 To C-S, Declaring An Dnergency And For Other Purposes", which was read in full by Alderman Weis. Alderman Sims then moved that the rule requiring the reading in full of an ordinance on three different days be dispensed with. The motion was seconded by Alderman Felts and on the roll being called the voting was as folloxa: Yes: Aldermen: Sims, Weis, Bollinger, Bowie, Felts, Leggett, Matthews, and Rowton. No: None. The Mayor declared that more than two-thirds of the members composing the Covncil had voted in favor of the motion to suspend the rule and that it was carried. Alderman Bollinger then moved that the ordinance as read be adopted. This motion was duly seconded by Alderman Bowie, and on the roll being called the voting was as follows: Yes: Aldermen: Sims, Weis, Bollinger, Bowie, Felts, Leggett, Matthews, and Rowton. No: None. The Mayor declared that the ordinance had been adopted, and then called attention to the fact that Section 3, the emergency section, moat be adopted upon a separate roll call in order to be effective. Alderman Leggett then read Section 3 again. Alderman Matthews moved that Section 3 be adopted. This motion was duly seconded by Alderman Rowton, and on roll call the following voted: Yes: Aldermen: Sims, Weis, Bollinger, Howie, Felts, Leggett, Matthews, and Rowton. No: None. The Mayor then declared that the ordinance and the emergency section had been duly passed, and thereupon he signed the ordinance in open Council meeting, his signature was attested by the City Clerk under the seal of the City. The ordinance read as follows: ORDINANCE N0. 452 AN ORDINANCE TO REZONE CERTAIN ZONED PROPERTY FROM C-7 TO C-5, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES WHEREAS, a petition has been filed with the Planning Cwmnission of the City of West Memphis, Arkansas by J. R. Walker and W. S. Cheek, as provided by Ordinance No. 411 of the City of West Memphis, Arkansas; and, WHEREAS, notice was duly published on the 28th day of January, 154, that a hearing would be held by the Planning Cca¢nission on the 13th day of February, 1964, at the City Hall for the purpose of taking action upon said petition and calling upon all interested parties to appear at such hearing to make known their objections, if aqy, in connection with said application for rezoning of property hereinafter described; and WHEREAS, a quorwn failed to appear at the meeting on the 13th of February, 1964 and by action oY the Mayor and the Planning Co:mnisaion said meeting was continued until March 3, 1964; and WHEREAS, at said meeting on March 3, 1964 and by the petition previously made to the Planning Commission, it was requested that the following property located in Crittenden County, Arkansas, to-wit: A part of the W 1/2 of Section 9, Township 6 North, Range 9 East, lying North of Interstate Highway No. 40 and 55, more particularly described as follows: Commencing at the Intersection of the center line of OK Street extended and the North right-of-way line of Interstate Highway 40 and 55, thence Northeasterly along the center line of OK Street extended a distance of 400 feet, thence Southeast on a line parallel to the North right-of-way line of Interstate 40 and 55 to the point of intersection with the North and South center line of Section 9, Township 6 North, Range 9 East, thence South along the center line of Section 9 to the North right-of- way line of Interstate Highway 40 and 55, thence along the said North right-of-way line of Interstate Highway 40 and 55 in a Westerly direction to the point of beginning. be rezoned from present Zoning C-7, Highway Commercial District to C-5, General Coirmiercial District. WHEREAS, no persona appeared to offer a protest against the rezoning of said property as requested; and WHEREAS, the Planning Commission recommended to the City Council that said rezoning be granted; and, WHEREAS, the said action of the City Planning Commission xae made known to the Crittenden County Planning Commmission and at a duly called meeting of the Crittenden County Planning Commission held on March 18, 1964, the said matter was presented to the Crittenden County Planning Commission; and,. YJHr3tEAS, the Crittenden County Planning Commission has recommended to the C1ty Planning Commission and the City Council that said rezoning be granted. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF WEST MEMPHIS, ARKANSAS: SECTION I. That the following property located in Crittenden County, Arkansas, to-wit: Apart of the W 1/2 of Section 9, Township 6 North, Range 9 East, lying North of Interstate Highway No. 40 and 55, more particularly described as follows: Commencing at the Intersection of the center line of OK Street extended and the North right-of-way line of Interstate Highway 40 and 55 thence Northeasterly along the center line of OK Street expended a distance of y00 feet, thence Southeast on a line parallel to the North right-oY-way line of Interstate 40 and 55 to the point of intersection with the North and South center line of Section 9, Township 6 North, Range 9 East, thence South along the center line of Section 9 to the North right-of- way line of Interstate Highway 40 and 55, thence along the said North right-of-way line of Interstate Highway 40 and 55 in a Westerly direction to the point of beginning; now zoned as C-7, be and the same is hereby rezoned as C-5, General Commercial District. SECTION II. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. SECTION III. Emergency Clause; It is found by the Council that the present zoning of the above described lands is not appropriate for proper and orderly development of the City of West Memphis and the area outside the City of West Memphis located within its coning authority and, in order to maintain an orderly system of zoning of districts within the zoning authority of the City of West Memphis in keeping with a proper city plan for the orderly development of the said area, it is necessary that the rezoning of the above described property be immediately accomplished, and therefore, anemergency is found to exist and this ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. SECTION IV. COPY OF ORDINANCE FILED FOR RECORD: A copy of this ordinance xhen duly certified by the City Clerk, shall be subject to being filed and recorded in the office of the Circuit Court Clerk and Ex-Officio Recorder within and for Crittenden Couaty, Arkansas. Recoaanendation of the Fire Department Coimnittee that a new car be purchased for the Fire Chief was presented by Alderman Matthews. It was concensus of opinion that specifications be compiled before further action is taken on the matter. The following proposal from Trulock & Company, Inc. was presented: Mayor and City Council City of West Memphis Arkansas Gentlemen: To assist you in obtaining Panda for construction of public facilities, we offer the following proposal. We will proceed with the refunding of your General Obligation bonds, dated July 1, 1960, as soon as is legally possible after August 1, 1964. We will prepare bond schedules with maturities to best fit your needs. We will employ and pay the fee of bond counsel, and pay the expenses of printing and the trustees fee and will pay the costs of publishing necessary ordinances and notices pertaining to the issuance of refunding bonds. We will guarantee the sale of your bonds dated August 15, 1964, at par plus accrued interest, under one of the three alternatives listed below: AMOUNT N,ATURITY EFFECTIr/E RATE (a) $600,000.00 1967-1986 3.~ (b) $675,000.00 1967-1991 3.57 (c) $750,000.00 1967-1996 3.63b It is mutually agreed that no later than May 1, 1964, you will notify us as to which one of the three alternatives you elect and that upon such notification, the two alternative proposals not selected will be null and void. It is understood that we will have the right to bid for the bonds and we will receive any premium bid, not to exceed 2;6. In the event the bonds are not issued, you will be under no obligation or expense for our services or other coats. Upon acceptance by you, we will forward our check for 2~ of the principal amount of the issue; this check to be deducted from the cost of the bonds upon delivery to us, or to be cashed by you as full liquidated damages if we fail to complete this contract; otherwise to be returned to us. Upon acceptance by you this agreement will be in effect until February 1, 1965 or thereafter as mutually agreed. Yours very truly, TRULOCK & COMPANY, INC. Hy /S~ U. W. SATTERFIELD After discussion, motion was made by Alderman Leggett and seconded by Alderman Rowton: That the Mayor and City Clerk be authorized to execute the proposal as presented. Upon vote, the voting was as follows: Yes: Aldermen: Sims, Weis, Hollinger, Bowie, Felts, Leggett, Matthews, and Rowton. No: None. Replat of Lot 14, Block 8, Miles L. Thompson's 2nd Addition was presented. The Council xas informed the Planning Commission had recommended the Replat be approved provided utility easements be provided, and the easements are now shown on the plat. After discussion, motion was made by Alderman Matthews, seconded by Alderman Leggett: That the Replat be approved, and the Mayor and City Clerk be authorized to sign said replat. Upon vote, the voting was as follows: Yes: Aldermen: Sims, Weis, Bollinger, Bowie, Felts, Leggett, Matthews, and Rowton. No: None. City Attorney Dillahunty reported to the Council on correspondence between Mr. C. B. Senhauaen owner of property at 21$ W. Bond Street and Building Inspector Perrine. City Attorney stated Mr. Senhausen had been informed the Covncil had instructed the property be condemned, and Mr. Senhausen would have to appear before the Council i.P he desired to make any remarks on the matter. Mr. Senhausen was not present. The following Resolution was presented: RESOLUTION N0. 273 WHEREAS, the Orderof DeMolay is composed of young men in our City Fourteen to twenty-one years of age, who are seeking to become the better citizens of tomorrow, by developing those laudable virtues making up the character of all good men; and WHEREAS, the organization was founded by Frank S. Land during the year 1919, at Kansas City, Missouri, and now has more than 2,400 chapters around the world; and WHEREAS, all the DeMolay members of the West Memphis Chapter, sponsored by the Lodge 737, will observe the period of March 1$-22, 1964, as "DeNolay Week" in celebration of their 4$th Anniversary, so as to exemplify their many community, state, and international activities, and in some way show recognition of their malty Senior DeMolays; now THEREFORE HE TT RESOLVED by the City Council of the City o£ West Memphis, that each and every citizen is hereby encouraged to promote and commend the goung men of the Order of Demolay land express our grateful appreciation of the fine example set by those young leaders in contributing to the welfare and character of other young men of this City, thus aiding in the development and leadership of tomorrow. Notion was made by Alderman Matthews and seconded by Alderman Leggett that the Resolution be adopted. Upon vote, the voting was as follows: Yea: Aldermen: Sims, iaeis, Hollinger, Bowie, Felts, Leggett, Matthews, and Rowton. No: None. Due to matters pending, motion was made by Alderman Leggett, seconded by Alderman Bowie: That the meeting be recessed subject to call. Upon vote, the voting was as follows: Yes: Aldermen: Sims, Weis, Bollinger, Bowie, Felts, Leggett, Matthews, and Rowton. No: None. ~~ ~ ,~ OR ATTEST: APPROVED: APRIL 2, 1964