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April 16, 1964MINUTES 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 16TH DAY OF APRIL, 1961y. The City Council of the City of West Memphis, Arkansas, met in a regular session at its regular meeting place in West Memphis, Arkansas, at 3:00 o~clock P.M. on the 16th day of April, 1964. There xere present: Mayor Hob Eden, and Aldermen: R. C. Bowie, Earl Felts, Kirby Leggett, Paul Matthews, Y. G. Sims, C. H. Rowton, and F. C. Weis; and City Attorney W. H. Dillahunty. ~~ Absent: Alderman 0. I. Bollinger. ~~ It being determined a quorum was present, the following proceedings were had to-xit: Minutes oY Council Meeting on April 2, 1964, were approved as read. Attorney Bernard Goldstein representing Mr. D. D. Hudspeth appeared to request the Council reconsider all the factors in the condemnation of Mr. Hudspeth~a property at 204, 2044, 206, 206, 207, 208, 2088, 210 W. Bond, and give Mr. Hudspeth a reasonable opportunity to reconstruct all the property so will be a credit to the neighborhood and that he could earn an income from the property. Attorney Goldstein stated he realized the situation xae due to negligence and severe error by N,r. Hudspeth. Attorney Goldstein was informed of proceedings to date on the matter, and that the area is zoned C-4 Commercial and the houses are Non-Conforming. After lenghty discussion as to deterioration of the property, zoning of the area, and actions of the Council, a roll call vote was requested by the Mayor on the question of: Should the previous action of the Council stand as is? Voting was as follows: Yes: Aldermen: Bowie, Felts, Leggett, Matthews, Sims, Rowton, and Weis. No: None. Thereupon, request xas made by Attorney Bernard Goldstein that the City allox Mr Hudspeth ninety days to remove the houses from West Memphis. After discussion, motion was made by Alderman Leggett, seconded by Alderman Rowton: That the City grant Ns. D. D. Hudspeth 90 days from date to dispose of material or remove the condemned houses from West Memphis. Upon vote, the voting xas as follows: Yes: Aldermen: Bowie, Felts, Leggett, Matthews, Sims, Rowton, and Weis. No: None. Mrs. E. B. Hicks of 207 S. 4th Street appeared before the Council to plead for dogs in the city. Mra. H1cks complained as to cruelty in the mariner of catching dogs and the killing of doge before children. Request xas made by Mrs. Hicks that humane methods be used in capturing dogs and a clean dog pound be provided where people would have the opportunity to reclaim their pets. After discussion, Mayor Eden advised he would look into methods used to capture dogs. Mr. C. B. Senhausen appeared to request permission to move three houses from 218, 220, and 222 W. Bond as he ie of the opinion the houses are not 60$ deteriorated and he alsohad a letter from Manning Lumber Company that the houses are not 60~ deteriorated. Mr. Senhausen stated he is not the owner of the houses that the owner C. L. Allison, had given permission to a negro contractor to tear~tihe houses down and the contractor had assigned the houses to him. After discussion of previous action of the Council, and deterioration of the houses, motion was made by Alderman Felts and seconded by Alderman Weis: That the Council instruct Building Inspector W. A. Perrine to re-examine the three houses at 218, 220, and 222 W. Bond in the company of smother qualified builder. Upon roll call vote, the voting was as follows: Yes: Aldermen: Felts, Matthews, Sims, Rowton, Weis. No: $ldermen: Bowie and Leggett. Mayor ruled the motion carried. Thereupon, motion xae made by Alderman Weis, seconded by Alderman Felts: That the Council extend the deadline on the houses at 218, 220, and 222 W. Bond until the next Council Meeting. Upon roll call vote, the voting was as follows: Yea: Aldermen: F®~.ta, Matthews, Sims, Rowton, Weis. No: Aldermen: Bowie and Leggett. The motion carried. The Mayor announced the next order of business would be receiving bids for one car for Fire Department as per notice published in the Evening Times on N.arch 27th. Notion was made by Alderman Bowie and seconded by Alderman Rowton: That the Fire Department Com:rdttee composed of Aldermen Felts, Sims, Matthews, and Weis canvas the bids and determine the best bid for the City and award the contract. Upon vote, the voting was ae follows: Yes: Aldermen: Bowie, Felts, Leggett, Matthews, Sims, Rowton, and Weis. No: None. A. J. Thomas, Inc 1964 Plymouth - 4 Door $1855.38 Alternate-power steering 1922.23 McCaa Chevrolet CompagY 1964 Chevrolet - 4 Door $1774.32 Alternate-power steering 181y1.22 Holland Motor Compa~v 19b1y Olas - 4 Door $1919.38 Alternate-power steering 1994.38 Mayor Eden submitted the name of Nolan Wheeler as a member of the Electric r'Scamining Board. Upon roll call vote, the voting was as follows: Yes: Aldermen: Bowie, Felts, Leggett, N,atthews, Sims, Rowton, and Weis. No: None. Alderman Weis reported for the committee appointed to award the contract Yor the tractor an mower the contract had been awarded to Arxansas Tractor Company, who submitted the lowest bid for the highest horsepower in the amount of $4319.31. City Attorney Dillahunty informed the Council the Chamery Court of Crittenden County had confirmed the titre for Lots 1 and 2, Brock 6, Eugene Woods Subdivision in Beatrice Causey McCall, and the Yollowing Resolution had peen prepared i'or consideration of the Council: RESOLUTION N0. 2'ju WHEREAS, the City Council previously authorized the Mayor to procure an abstract Yor examination by the City Attorney Yor the purpose of purchasing Lots One (1) and Two (2), Blocx Six (6 ), Eugene Woods Subdivision on behalf of the Gity which would result in the City acquiring ownership of all of the property Located in Block Six (6) of the Eugene Woods Subdivision, and WHEREAS, the purchase price Yor said property is Thirty-three Thousand Five Hundred and No/iU0 Dollars $33,SW.UU) of which Ten Thousand and No/~uU Dollars ($10,0uU.UU) is to be paid upon receipt of iWarranty Deed and the balance of Twenty-three Thousand Five Hundred and Nc/i00 Dollars (PZ3,y0U.U0) is to be secured b3' a non-interest Dearing note and Deed of Trust payable in three annual installments as fOllOws: y10,001UU due and payable on or before February 1, X965; $10,000.00 due and payable on or before February t, t9b6, and the balance of Three Thousand Five Hundred and No/1W Dollars $3,5uU.uu) to be paid on or before February 1, 1967, and WHEREAS, it is necessary that the Mayor and City Clerk be authorized to execute on behalf of the City the non-interest bearing note and Deed of Trust in Yavor of Beatrice Causey McCall, NOW, THEREFORE, BE IT RESOLVED BY TFLE CITY COUNCIL that the Mayor and City Clerx oe, and they are hereby authorized and directed to execute the note and Deed of Trust in connection with the purchase of said property hereinabove described. Motion was made by Alderman Sims and seconded by Alderman Leggett: That the Resolution as presented be adopted. Upon vote, the voting was as fOllOws: Yes: Aldermen: Bowie, Felts, Leggett, Matthews, Sims, Rowton, andWeis. No: None. The City Attorney informed the Council he had prepared an ordinance regulating the moving of ouildings for their consideration. Alderman Bowie introduced an ordinance entitled: "An Ordinance Regulating The Moving Of Buildings Qver, Along Or Across Highxays, Streets Ana Alleys In The City; Authorizing The City Building Inspector To Issue Permits; Providing For Enforcement; Prescribing Penalties For The Violation Of Its Provisions And Declaring An Emergency" which was read in Yule by Alderman Leggett. Alderman Felts Lhen moveu that the rote requiring the reading in full of an ordinance ~n three different Gays be aispenaed with. The motion was seconded by Alderman Piatthewa and on the roil oeing called the voting was as follows: Yes: Aldermen: Howie, Felts, Leggett, Matthews, Sims, Rowton, and Weis. No: None. The N.ayor declared that more than two-thirds of the members composing the Council had votes in i'avor of the motion to susoena the rule and that it was carried. Alderman Sims then moved that the ordinance as read be adopted. This motion was au.~y aeconaed oy Alderman Weis, and un the roll ceing called the voting was as Yolluws: Yes: Aldermen: Bowie, Felts, Leggett, Matthews, Sima, Rowton, and Weis. No: None. The Mayor ueclared that the ordinance had been adopted, and then called attention to the i'act that Section ii, the emergency section, moat be adopted upon a separate roll call in order to be effective. Alderman Rowton then read Section 11 again. Alderman Bowie moved that Section 11 be adopted. This motion was duly seconded by Alderman Leggett, and on roll call the following voted: Yes: Aldermen: Bowie, Felts, Leggett, Matthews, Sims, Rowton, and Weis. 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: P. A '~`. ORDINANCE N0. ~~ ~ `~ AN ORDINANCE REGULATING THE MOVING OF BUILDINGS OVER, ALONG OR ACROSS HIGHWAYS, STREETS AND ALLEYS IN THE CITY; AUTHORIZING THE CITY BUILDING INSPECTOR '. TO ISSUE PERMITS; PROVIDING FOR ENFORCEMENT; PRES- CRIBING PENALTIES FOR THE VIOLATION OF ITS PROVISIONS jj AND DECLARING AN EMERGENCY. 1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF f. ~ • WEST MEMPHIS, ARKANSAS: SECTION 1. DEFINITIONS. For the purposes of this i ~ Ordinance the following terms, phrases, words, and their derivations shall have the meaning given herein. When not inconsistent with the context, words used in the present tense include the future, words in the plural number include the ---singular number, and words in the singular number-include the plural number. The word "shall" is always mandatory and not merely directory. ~ - (1) "BUILDING" is a structure designed, built or ~ occupied as a shelter or roofed. enclosure for persons or property and used for residential, business, mercantile, i 5 storage, commercial, industrial, institutional, assembly, educational or recreational purposes. (2) "BUILDING INSPECTOR" is the Building Inspector of West Memphis and in this Ordinance includes any persons "~t ~' _ _ appointed by him to make inspections of buildings proposed ,,, to be moved. ~~ (3) --"CITY" is the City of West Memphis, Arkansas. (4) "PERSON" is any person, firm, partnership, ,: -__ .. association, corporation, company or organization of any kind. h SECTION 2. PERMIT REQUIRID. No person shall move i . any building over, along or across any highway, street or -- -a- alley in the City without first obtaining a permit from the Building Inspector. SECTION 3. APPLICATION. A person seeking issuance of a permit hereunder shall file an application for such permit with the Building Inspector. (1) FORM. The application shall be made in writing, upon forms provided by the Building Inspector, and shall be filed in the office of the Building inspector. (2) CONTENTS. The application shall set forth: ~ (a) A description of the building proposed to be moved, giving street number if located in City, construction ~ materials, dimensions, number of rooms and condition of exterior and interior and shall provide photographs of the building and the type of improvements to be made to building when moved to new location. ~ (b) A legal description of the lot from which the .~ building is to be moved, giving the lot and block, if located in the City; (c) A legal description of the lot to which it is proposed such building be removed, giving lot and block number, if located in the City; ~~ (d) The portion of the lot to be occupied by the building when moved; (e) The highways, streets and alleys over, along or across which the building is proposed to be moved; f (f) Proposed moving date and hours; (g) Any additional information which the building inspector shall find necessary to a fair determination of whether a permit should issue. (3) ACCOMPANYING PAPERS. (a) TAX CERTIFICATE. The owaer of the building to be '~' -3- moved shall file with the application sufficient evidence that the building and lot from which it is to be removed are ~ freecE any entanglements and that all taxes and any City charges against the same are paid in full. (b) CERTIFICATE OF OWNERSHIP OR ENTITLEMENT. The y g applicant, if other than the owner, shall file with the applica- tion a written statement or bill of sale signed by the owner, or other sufficient evidence that he is entitled to move the building. (4) FEE. The application shall be accompanied by a permit fee in the amount of 550.00. SECTION 4. DEPOSIT FOR EXPENSE TO CITY. Upon receipt of an application it shall be the duty of the Building Inspector ~ to procure from the Utility Commission an estimate of the expense that will be incurred in removing and replacing any electric wires, street lamps, or pole lines belonging to the City or any other property of the City, the removal and replacement of which will be required by reason of the moving of the building through the City, together with the cost of materials necessary to be used in making-such removals and replacements. Prior to issuance of the permit the Building Inspector shall require the applicant a deposit of a sum of money equal to twice the amount of the estimated expense. SECTION 5.GENERAL DEPOSIT. An application hereunder shall be accompanied by a cash deposit of S2,500.00 as an indemnity for any damage which the City might sustain by reason of damage or injury to any highway, street or alley, sidewalk, fire-hydrant or other property of the City, which may be caused i i by or be incidental to the removal of any building over, along d or across any street in the City and to indemnify the City i a against any claim of damages to persons or private property, i~ ~. i _ _ ---- -4- and to satisfy any claims by private individuals arising out of, caused by or incidental to the moving of any building over, along or across any street in the City. '~ (1) BOND IN LIEU OF DEPOSIT. Any person filing an i application hereunder may, in lieu of the general cash deposit I required above, file with theBuilding Inspector a bond, approved as to form by the City Attorney, executed by a bonding or 1 surety company authorized to do business in the State of Arkansas '; a r [- in the amount of S .'2S~ f~ ~ conditioned upon the assurance that this and other applicable Ordinances and laws will be com- plied with. Such bond shall run to the City for the use and benefit of any person or persons intended to be protected yyy thereby and shall be conditioned on the payment of any damage to public or private property and the payment for any damages ,and losses resulting from any malfeasance, misfeasance or ~ nonfeasance or negligence in connection with any of the activities 3 or conditions upon which the permit applied for is granted. 9 (2) INSURANCE POLICY IN LIEU OF DEPOSIT. Any person filing an application hereunder may, in lieu of the general cash i 8 deposit required above, file with theBuilding Inspector a liability { insurance policy, issued by an insurance company authorized to do i business in theState of Arkansas, and approved as to form by the i f{ City Attorney, in the same amount and providing the same protection 1 as would be required for a bond hereunder. SECTION 6. DUTIES OF BUILDING INSPECTOR. (1) Inspection. The Building Inspector shall inspect the building and the applicant's equipment to determine whether the standards for issuance of a permit are met. -5- (2) Standards for Issuance. The Building Inspector shall refuse to issue a permit if he finds: (a) That any application requirement or any fee or deposit requirement has not beellcomplied with; (b) That the building is too large to move without endangering persons or property in the City; ` '. (c) That the building is in such a state of deteriora- tion or disrepair or is otherwise so structurally unsafe that it could not be moved without endangering persons and property in the City and to that end the Building Inspector may have two (2) other persons engaged in the building profession or trade to assist him in rendering such decision; and those selected shall be entitled to a fee of S10.00 each for such services, when actually rendered. (d) That the building is structurally unsafe or unfit e. for the purpose for which moved, if the removal location is in the City, or would lower the value of the surrounding property in the area in which it is to be moved; (e) That the applicant's equipment is unsafe and that persons. and property would be endangered by its use; (f) That zoning or other Ordinances would be violated i by the building in its new location; t (g) That for any other reason persons or property in the City would be endangered by the moving of the building. (3) The applicant may appeal the decision of the Building Inspector to the City Council which may either affirm ~, or reverse tine decision of the Building Inspector with such additional conditions as it may deem proper. i ` j (4) FEES AND DEPOSITS. (a) Deposit. The Building Inspector shall deposit all fees and deposits, and all bonds or insurance policies with the City Treasurer. (b) Return Upon Non-Issuance. Upon his refusal to issue a permit the Building Inspector shall return to the appli- cant all deposits, bonds and insurance policies.Permit fees filed "p with the application shall not be returned. (c) Return Upon Allowance for Expense. After the i building has been removed the Building Inspector shall furnish the Mayor with a written st~ement of all expenses incurred in removing and replacing all property belonging to the City, and of all material used in the making of the removal and replace- ment together with a statement of all damages caused to or inflicted upon property belonging to the City. The Mayor shall authorize the Building Inspector to return to the applicant .all deposits after the City Treasurer deducts the sum sufficient to pay for all of the costs and expenses and for all damage done 9 to property of the City by reason of the removal of the building. ~. Permit fees deposited with the application shall not be returned. (5) DESIGNATE STREETS FOR REMOVAL. The Building Inspector shall advise with the Utility Commission and Police j`. Department to determine a route over which the building may be moved for the purpose of assuring maximum safety to persons and property in the City and to minimize congestion and traffic hazards on public streets. SECTION 7. DUTIES OF PERMITTEE. Every permittee under this Ordinance shall: -~- (1) Move a building only over streets designated for such use in the written permit. (2) Notify the Building Inspector in writing of a desired change in moving date and hours as proposed in the application. a (3) Notify the Building Inspector in writing of any and all damage done to property belonging to the City within twenty-four (24) hours after the damage or injury has occurred. (4) Provide proper flags, flares and warnings on building while same is on the streets. (5) Comply with the Building Code, the Fire Zone, the Zoning Ordinance and all other applicable ordinances-and i laws upon relocating the building in the City. ~ (6) Remove all rubbish and materials and fill all i excavations to existing grade at the original building site so that the premises are left in a safe and sanitary condition. i (8) See that the sewer line is properly plugged, the water shut off, and all meters returned to the Utility I ~ Commission. Permittee shall notify all utility companies to remove their services. SECTION 8. ENFORCEMENT. (1) The Building Inspector, the police Department I and the Utility Commission shall enforce and carry out the requirements of this Ordinance. (2) The Permittee shall be liable for any expense, damages or costs in excess of deposited amounts or securities, and the City Attorney shallprosecute an action against the ~: ,: `. „~ -s- permittee in a court of competent jurisdiction for the recovery of such excessive amounts. (3) The City shall proceed todo the work necessary to leaving the original premises in a safe and sanitary condition, where permittee does not comply with the requirements of this Ordinance, and the cost thereof shall be charged against the General Deposit. SECTION 9, PENALTIES. Any person who violates any , provisionof this ordinance shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be punishable by a fine of not exceeding twenty-five and no/100 Dollars (S25.00). Eachperson shall be deemed guilty of a separate offense for each day during any portionof which any violation of the provisions of this Ordinance is committed, continued or permitted. SECTION 10. It is the intention of the City Council that each separate provision of this Ordinance shall be deemed independent of all other provisions herein, and it is further the intention of the City Council that if any provision of this Ordinance be declared invalid, all other provisions thereof shall remain valid and enforceable. SECTION 11. EMERGENCY CLAUSE. It being determined that this Ordinance is necessary for the immediate preservation of the public peace, health, and safety of the inhabitants of West Memphis, Arkansas, an emergency is hereby declared to exist and this Ordinance shall be in full force and effect from and after its passage, approval and publication as required by law. Adopted this day,of. -~ ~ 1964. ~ ~ "/- ` ~ j MAYOR ATT EST. ~',^~ ~' ~ " -box=s'~--- City Clerk 254 ~i Mayor Eden informed the Council the Flapping Commission on April Myth had i recommended the rezoning of property owned by Oliver-Wheeler-Thomas, Inc, upon ~, their petition to the Com:nieaion the property to rezoned from.M-1 to C-5. After discussion, Alderman Roxton introduced an ordinance entitled "An Ordinance To j Rezone That Portion Of Property Beginning At The Point Of Intersection Of The East Line Of Ingram Boulevard And The North Line Of Section 8, T-6-N, R-9-E, il Thence South Along The Beast Line OP Ingram Boulevard To The North Line Of l Thomas Avenue, Thence Southeasterly Along The North Line Of Thomas Avenue To ~ The Point Of Intersection With The Weat Line Of Gathinga Drive, Thence North Along The West Line. Of Gathings Drive. To The North Line Of Tinpa Addition, Thence Weat Along The. North Line Of Tipps Addition To The_Centerline Of 10 Mile Bayou, Thence North Along 10 Mile Bayou To The North Line Of Section 8, Thence Weat Along Said North Line Of Section 8 To The Point Of Beginning° 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 Matthews, and on the roll being called the voting was as follows: Yes: Aldermen: Bowie, Felts, Leggett, Matthews, Sims, Rowton, and Weis. No: None. Two-thirds of the members composing the Council had voted in favor of the motion to suspend the rule and it carried. Alderman Felts then moved that the ordinance as read be adopted. This motion was duly seconded by Alderman Leggett, and on the roll being called the voting was as follows: Yes: Aldermen: Bowie, Felts, Leggett, Matthews, Sims, Roxton, and Weis. No: None. The Mayor declared that the ordinance had been adopted, and then called attention to the fact that Section 3, the emergency section, must be adopted upon a separate roll call in order to be affective. Alderman Roxton then read Section 3 again. Alderman Weis moved that Section 3 be adopted. This motion xae duly seconded by Alderman Sims, and on roll call the following voted: Yes: Aldermen: Bowie, Felts, Leggett, Matthews, Sims, Roxton, and Weis. No: None. The Mayor then declared that the ordinance and the emergency section had been du13. 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: ;:ie p ~ ~ - 5 I ~~,. _ ~ . ORDINANCE NO. ~'~ :~ AN ORDINANCE TO REZONE THAT PORTION OF PROPERTY BEGINNING AT THE POINT OF INTERSECTION OF THE EAST LINE OF INGRAM BOULEVARD AND THE NORTH LINE ''( OF SECTION 8, T-6-N, R-9-E, THENCE SOUTH ALONG ~ THE EAST LINE OF INGRAM BOULEVARD TO THE NORTH ', LINE OF THOMAS AVENUE, THENCE SOUTHEASTERLY ALONG ~ THE NORTH LINE OF THOMAS AVENUE TO THE POINT OF ~ INTERSECTION WITH THE WEST LINE OF GATHINGS DRIVE, I~ THENCE NORTH ALONG THE WEST LINE OF GATHINGS DRIVE (~ ';~~ TO THE NORTH LINE OF TIPPS ADDITION, THENCE WEST ALONG THE NORTH LINE OF TIPPS ADDITION TO THE I :; '~ CENTERLINE OF 10 MILE BAYOU, THENCE NORTH AIANG 10 MILE BAYOU TO THE NORTH LINE OF SECTION 8, THENCE WEST ALONG SAID NORTH LINE OF SECTION 8 TO THE POINT OF BEGINNING ~, WHEREAS, the Planning Commission of the City of West Memphis, li ~'' after proper notice was given, did on April 14, 1964, approve the rezoning of the property described in this Ordinance from a Limited Industrial Zone (M-1) to a General Commercial Zone (C-5), NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS: ~C' SECTION I. That that portion of property beginning at the point of intersection of the East line of Ingram Boulevard and the north line of Section 8, T-6-N, R-9-E, thence south along the east ~~! line of Ingram Boulevard to the north line of Thomas Avenue, thence southeasterly along the north line of Thomas Avenue to the point of intersection with the west line of Gathings Drive, thence north along the west line of Gathings Drive to the north line of Tipps Addition, thence west along the north line of Tipps Addition to the centerline ~I ~ of 10 Mile Bayou, thence north along 10 Mile Bayou to the north line ~~:. of Section 8, thence west along said north line of Section 8 to the point oflaginning, is hereby rezoned from a Limited Industrial Zone ,__. -- I? ~~ _, :i i i ~i~ SECTION II. ORDINANCES IN CONFLICT HEREWITH REPEALED: ii ~, All ordinances or parts of ordinances in conflict herewith are I hereby repealed. ~ li SECTION III. It is found and declared by the City Council of the City of West Memphis, Crittenden County, Arkansas, that this " i 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. PASSED AND APPROVED this 16th day of April ~ l .~ 1964. ~!.~ ~.: ~~~ MAYOR ATTFS~~~ % ~' ~/ :~~~ ~ i CITY CLERK ~` The Council was informed the Planning Commieaion on March 19th had been petitioned by William L. Johnson Co., Inc. to rezone property to be sold £ar construction of a school from C-6 to C-5, and the Commission had recommended the rezoning. Thereupon, Alderman Bowie introduced an ordinance entitled, "An Ordinance To Rezone That Portion Of Property Beginning At The Southeast Corner Of The Intersection Of 25th Street And Y.he North Line 0£ Kendal Third Addition To The City Of West Memphis, Thence North Along The West Line Of 25Th Street Approximately E00' To The South Line Of The Presently Zoned M-2 Area; Thence West Along The South Line Of Said M-2 Area A Distance Of 830' To A Point; Thence South Parallel With The Weat Line Of 25Th Street To A Point In The North Line Of Kendal Third Addition; Thence East Along The North Line Of Said Kendal Third Addition To The Point Of Beginning," xhich was read in full by Alderman Leggett. Alderman Felts 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 Matthews and on the roll being called the voting was as follows: Yes: Aldermen: Bowie, Felts, Leggett, Matthews, Sims, Rowton, and Weis. No: None. The Mayor declared that more than two-thirds of the members composing the Council had voted in favor of the motion to suspend the rule and that it was carried. Alderman Sima then moved that the ordinance as read be adopted. This motion was duly seconded by Alderman Weis, and oa the roll being called the voting was as follows: Yea: Aldermen: Bowie, Felts, Leggett, Matthews, Sims, Rowton, and Weis. No: None. The Mayor declared that the ordinance had been adopted, and 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 Weie :. then read Section 3 again. Alderman Rowton moved that Section 3 be adopted. This motion was duly seconded by Alderman Bowie, and on roll call the folloxing voted: Yea: Aldermen: Bowie, Felts, Leggett, Matthews, Sims, Rowton, and Weis. 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 NO. AN ORDINANCE TO REZONE THAT PORTION OF PROPERTY BEGINNING AT THE SOUTHEAST CORNER OF THE INTER- SECTION OF 25TH STREET AND THE NORTH LINE OF KENDAL THIRD ADDITION TO THE CITY OF WEST MEh1PHIS, THENCE NORTH ALONG THE WEST LINE OF 25TH STREET APPROXIMATELY 600' TO THE SOUTH LINE OF THE PRE- SENTLY ZONED M-2 AREA; THENCE WEST ALONG THE SOUTH LINE OF SAID M-2 AREA A DISTANCE OF 830' TO A POINT; THENCE SOUTH PARALLEL WITH THE WEST LINE OF 25TH STREET TO A POINT IN THE NORTH LINE OF KENDAL THIRD ADDITION; THENCE EAST ALANG THE NORTH LINE OF SAID KENDAL THIRD ADDITION TO THE POINT OF BEGINNING. if ~.:: ~ .s ~ .:. , Fl j.. }. 4 ~. i ~, ~. WHEREAS, the Planning Commission of the City of West Memphis, after proper notice was given, did on March 19, 1964, approve the rezoning of the property described in this Ordinance from a Class M-1 Zone to a Class C-2 Zone, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS: SECTION I. That that portion of property beginning. at the Southeast corner of the intersection of 25th Street and the North line of Kendal Third Addition to the City of West Memphis, thence North along the West line of 25th Street approximately 600' to the South line of the presently zoned M-2 area; thence West along the South line of said M-2 area a distance of 830' to a point; thence South parallel with the West line of 25th Street to a point in the North line of Kendal Third Addition; thence East along the North line of said Kendal Third Addition to the point of beginning, is hereby rezoned from a Class M-1 Zone to a Class C-2 Zone. SECTION II. ORDINANCES IN CONFLICT HEREWITH 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, Cri ttenden 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. PASSED AND APPROVED this 1Fth day of Aaril , 1964. Y~ ~ '~~~ ~~~,~~ htAYUR ~~ ~ ~~:^E~ CITY CLERK 259 Alderman Matthews requested information on the proposed subdivision where the new school is being constructed west of the City. Mayor Eden advised the property had not been annexed, therefore, the street construction had not been supervised by the City, however, he would advise the Council when the subdivision plat is presented to the Planning Cotmnission. No further business being presented, motion was made by Alderman Rowton and seconded by Alderman Matthews to adjourn. Upon vote, the voting was as follows: Yea: Aldermen: Bowie, Felts, Leggett, Matthews, Sims, Rowton, and Wets. No: None. ,~ A ~~ / 7 ATTEST;L /'~~ ~ ~-~lP O APPROVED: MAY~q, 196)y