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December 17, 19643~0 NSNUTES OF REGULAR PILETING OF THE CITY COUNCIL OF Tr)/ CITY CF W"c.ST haPHIS, ARKANSAS, HELD AT THE CITY HALL IN SAID CITY ON THE 17TH DAY OF DECEMBER 19611 AT 3.00 F NI The Council of the City of blest N.emphis, in the County of Crittenden, State of Arkansas, met in regular session at the City Hall in said City, at 3:00 o'clock P.I4. on the 17th day of December, 19611. The meeting was called to order by the Ptayor, and the roll being called there were: Present: Bob Eden, 2:ayor, in the chair, and the following named Aldermen: R. C. Bowie Paul Piatthews Earl Felts C. H. Rowton Kirby Leggett F. C. Weis and City Attorney W. H. Dillahunty. Absent: Aldermen: 0. I. Bollinger and Y. G. Sims. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Pieeting on December 3rd were approved as read. Mayor Eden informed the Council the Planning Commission on December 10th had recommended the rezoning of 17.113 acres of the H. M. Hall Estate from PS-1 to I1-3 Industrial. After discussion, Alderman Rowton introduced an ordinance entitled: "An Ordinance To Rezone Certain Zoned Property In The Southeast Quarter (SEy) Of Section Thirteen (13), Township Six (6) North, Range Eight (E) East, From I•:-1 Industrial To ti-3 Industrial; Declaring An Emergency, And For Cther Purposes," xilich was read in full by Alderman Weil, who moved that the rule requiring the reading in full of an ordinance on three different days be suspended. The motion was seconded by Alderman 1`iatthews, and on the roll being called the voting was as follows: Aye: Aldermen: Bowie, Felts, Leggett, P<;atthews, Rowton, and 1•;eis. Nay: None. The 1`iayor 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 carrel. Alderman Felts then moved that the ordinance as read be adopted. This motion was duly seconded by Alderman Howie, and on the rcll being called the voting was as follcws: Aye: Aldermen: Bowie, Felts, Leggett, Imtthews, Rowton, and eueis. Nay: None. The Mayor declared that the ordinance had been adopted, and then called attention to the fact that Section 11, the emergency section, must be adopted upon a separate roll call in order to be effective. Alderman Leggett then read Section a again. Alderman Rowton moved that Section 4 be adopted. This motion was duly seconded by Alderman Weis, and on roll call the following voted: Aye: Aldermen: Bowie, Felts, Leggett, Piattlers, Rowton, and Weis. Nay: 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.:..~ ~)t, '~ AN ORDINANCE TO REZONE CERTAIN ZONED PROPERTY IN THE ~~, - SOUTI~AST QUARTER (SE y) OF SECTION THIRTEEN (13), TOWNSHIP SLR; (6) NORTH, RANGE EIGHT (8) EAST, FROM M-1 INDUSTRIAL TO M-3 INDUSTRIAL; DECLARING AN EMERGENCY, AND FOP, OTHER PURPOSES. yf~. WHF'REAS, an application has been made to the Planning '! Commission of the City of West Memphis, Arkansas, by WalY.er Hall for the Estate of H. M. Hall, on the 4th day of November, 1964, as provided by Ordinance No. 411 of the City of West Memphis, Arkansas; and WHEREAS, notice was duly published on the 5th day of November, 1964, that a hearing would be held by the Planning Commission at 5:00 P. M. o'clock on the 10th day of December, 1964, ak~tl~e~Ci,ty/ Hall for the purpose of taking action upon said appli- i 11 1 ( ~ cation and calling upon all interested parties to appear at such hearing to make known their objections, if any, 'in connection with ti said application for re2oning of lands hereinafter described; and l 1 ` \ \\ ` `~, i~?~REAS~ at .said meeting and by the application previously ~~ made to .the Planning Commission, it was requested that the follow- ing property, to-wit:. Heing survey of Part of the Southeast Quarter (SE~) of Section Thirteen (13), Township Six (6) North, Range Eight (8) East, in Crittenden County, Arkansas, and more particularly described as follows: Beginning at a point in the north line of Garrison Avenue (50 feet wide) 778.60 feet westwardly from the west edge of the west curb along Woods Street as , measured along the north line of Garrison Avenue, and running thence westwardly along the north line of `~ Garrison Avenue 638.06 feet to a point in an old fence line; thence northwardly along said fence line and by an interior angle of 78 degrees 20 minutes a distance ~~ ~. ~`' ~:, u~' . {r iy rv' {r 1 ~' 5. . 4 ::.:- ~: , f- G~~'' p''' g~;. ~:;' 161. L ': fir.,. ,,. ;. s, :` t_ r,,~ ~ ::. ~" ~. ~::,:: ~~~ M'~~ r of 234 feet to a point near an old fence corner; `^, thence westwardly by an interior angle of 267 de- - t''` grees 55 minutes a distance of 7.40 feet to a point ~~' in the east line of the Haisch Subdivision as re- ':. corded in Plat Rook 2, Page 132, Crittenden County Register's Office; thence northwardly along the east line of the Haisch Subdivision and by an interior angle of 90 degrees a distance ~f 957.90 feet to a point in the south line of proposed Jefferson Avenue ~`, (80 feet wide); thence eastwardly along the south j~•:? line of proposed Jefferson Avenue and by an interior angle of 90 degrees 12 minutes a distance of 690 feet to a point in the west line of a proposed 50 foot ,.:r right-of-way for spur track; thence southwardly with `'P. said west line and by an interior angle of 89 degrees 48 minutes a distance of 748.78 feet to the be ginning '`" ,: of a curve in said west line; thence continuing south- ~ ~' ' wardly with said west line and by a curve to the right ~t... ~ having a delta angle of 15 degrees 00 minutes and a ~~,' radius of 691,20 feet a distance of 180.96 feet as ~"'''" measured along the arc of said curve to a point of tangency; thence continuing southwardly with said west ~r? line 118.87 feet to the point of beginning, containing 17.43 acres, be rezoned from M-1 Industrial to M-3 Industrial; and WHEREAS, no persons appeared to offer a protest against '' .;;r.: ` the rezoning of said property as requested; and ;; ~.n,: ~' "~ N WHEREAS, the Planning Commission recommended to the City h`~'; i_ &._ Council that said rezonin be g granted; `.}' ` NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF WEST G`_`r MEMPHIS, ARKANSAS: l-.`'.'~ Section I. That the following property, to-wit: _, Being survey of Part of the Southeast Quarter (SE 4) i f,,~;, of Section Thirteen (13), Township Six (6) North, ~` Range Eight (8) East, in Crittenden County, Arkansas, 9' ~ and more particularly described as follows: t" ' Beginning at a point in the north line of Garrison l '. Avenue (50 feet wide) 778.60 feet westwardly from the ~.... west edge of the west curb along Woods Street as ' measured along the north line of Garrison Avenue, and running thence Ore stwardly along the north line of €<.::"' Garrison Avenue 638.06 feet to a point in an old fence line; thence northwardly along said fence line and by an interior angle of 78 degrees 20 minutes a distance w',,.,: - 2 - .,. '+ ;?' ;':; ' <:,', ;~`""' . ,~";"`` i ~, . ~A I ~~- o <~ i _ ~' t ~~" ~+ ~A 1~~~' k' of 234 feet to a point near an old fence corner; thence westwardly by an interior angle of 267 de- grees 55 minutes a distance of 7.40 feet to a point in the east line of the Haisch Subdivision as re- corded in Plat Book 2, Page 132, Crittenden County Register's Office; thence northwardly along the east line of the Haisch Subdivision and by an interior angle of 90 degrees a distance of 957.90 feet to a point in the south line of proposed Jefferson Avenue (80 feet wide); thence eastwardly along the south line of proposed Jefferson Avenue and by an interior angle of 90 degrees 12 minutes a distance of 690 feet to a point in the west line of a proposed 50 foot right-of-way for spur track; thence south~+~ardly with saia~west line and by an interior angle of 89 degrees 48 'minutes a distance of 748.78 feet to the beginning of a curve in said west line; thence continuing south- wardly with said west line and by a curve to the right having a delta angle of 15 degrees 00 minutes and a radius of 691.20 feet a distance of 180.96 feet as measured along the arc of said curve to a point of tangency; thence continuing southwardly with said west line 118.37 feet to the point of beginning, containing 17.43 acres, riow zoned as M-1 Industrial be, and the same is hereby, rezoned as M-3 Industrial. - Section II. All ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section III. A copy of this Ordinance, when 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 with- in and Sor Crittenden County, ArY.ansas. Section IV. Ei*>ERGENCY CLAUSE. The property in question is _ in the process of development and such rezoning is necessary for such development. Therefore, an emergency is hereby declared and thls Ordinance, being necessary for the preservation of public peace, health, and safety, shall be in Sall force and effect from and after its passage, approval and publication as required by law. -- !~ PASSED this ;~~ day of December, 1964. ~7 r~ //j%~ r, ATTEST:- y ' ~'~ Mayor ' ~' '% , __ i _ S_ f -- f '`~F ~- City Clerk ~'~ 3ecomrendation of Planning Commission tc rezone Lots 7, ~, 9, 10, and 11, Block le, Zdheeler Subdivision from PS-7 to BI'-2 was presented. Alderman Howie stated petitions are being prepared in opposition to this rezoning and moved that action be delayed until January 7th meeting. The motion was seconded by Alderman Leggett. Upon vote, the voting was as follows: Aye: Aldermen: Howie, Felts, Leggett, N.atthews, Ro~,rton, and ~,ieis. Nay : None . i ~~P' 4,,~!^ :. f` . ~, ~~..; {` Sa ~Y^° ':~;'~- ~'w `. -~~ ..: ,,r, ;. ~~.~. :, ' .~~i ;~.:., :- ~ ~';; „' r -i F ~.:5..,. `Y !~~i:` r ~'~ _. ~,.. t ;.:, . ~,, Alderman 0. I. Bollinger made a delayed appearance. A:ayor Eden informed the Council the terms of office of Board of Gas and ?lambing r'S.caminers expires on December 19th. After discussion, motion was made by Alderman Y.'eis: That Glen I:ay be reappointed to the Boards of Gas Examiners and Plumbing Examiners for a period of one year. The motion was seconded by Alderman Leggett. Upon vote, the voting was as follows: Aye: Aldermen: Box3e, Felts, Leggett, Matthews, Rowton, "rJeis, and Bollinger. Iday: None. Notion was made by Alderman Rowton: That Harvey Y,ihite be reappointed to the Boards of Gas and ?lambing Examiners for a period of one year. The motion was seconded by Alderman I:atthews. Upon vote, the voting was as fellows: Aye: Aldermen: Bowie, Felts, Leggett, I':atthews, Rowton, Weis, and Hollinger. Nay: None. Motion was made by Alderman Aiatthews: That Carl Reavis be appointed a member of the Beards of Plumbing and Gas Examiners for a period of cne year. Upon vote, the voting was as follows: Aye: Aldermen: Bowie, Felts, Leggett, B;atthews, Rowton, ~deis, and Bollinger. Nay: None. Notion was made by Alderman Leggett: That w. A. Perrine be reappointed to the Gas and Flumbing Examiners Boards for a period o£ one year. The motion was seconded by Alderman I~iatthews. Upon vote, the voting was as follows: Aye: Aldermen: Bowie, Felts, Leggett, Iatthews, Rowton, Weis, and Bollinger. Nary: None. Alderman Bowie introduced PL . FranY.lin Bassett, Alderman-elect from ward Four. %lderman Bowie brought to the Councils attention incidents involving members of the Police Department, and their apparent disrespect for the 1a~1 or the authority of the Chief. After discussion of the incidents and the good conduct of some cf the officers, ::ayor Eden stated talks with the individual officers involved in the incidents would be had. Alderman Leggett congratulated Mayer Eden on his able leadership for the past year, and the Diayor thanked the Council fcr their cooperation. City Attorney Dillahunty :•ras requested to make arrangements fcr the Oaths of Office to be taken at 9:30 A.N:. January 1, 196. No further business being presented, the meeting was adjourned. i ~ ~' ~ X11 j - NA Otc ATTEST. AP?ROVED: JANUARY 7, 19bS