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April 1, 1965NSNUTFS OF Rr'Y,ULAR PiEETING OF THE CITY COUNCIL OF THE CITY OF WFST hiFI+PHIS HAD AND LLD ON THE 1ST DAY OF APRIL, 1965• ~~ II The Council of the City of iaest Memphis 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.M. on the 1st day of April, 1965. The meeting was called to order by the Mayor, and the roll being called, there were: Present: Bob Eden, Mayor, in the chair, and the following named Aldermen: R. C. Bowie F. C. Weis Earl Felts Franklin Bassett Paul Matthews City Attorney W. H. Dillahunty. Absent: Aldermen: Bollinger, Leggett, and _Rowton. It being determined a quorum was preaent, the following proceedings were had to-wit: Minutes of Council Meeting on N.arch 18th were approved as read. City Clerk Charles DeGraff reported for the Committee appointed to canvass the insurance bids that the Comprehensive Public Liability and Property Damage, Automobile Fleet had been awarded to United Insurance Agency, and the amount had been increased to $100/$300,000 Bodily Injury and $50,000 Property Damage. The Workmen's Compensation and Comprehensive Public Liability and Property Damage Excluding automobiles had been awarded to Guaranty Loan & Real Estate Compa~ya and the amounts increased to $100/ $300,000 Bodily and $50,000 Property Damage."'t'he Workmen's Compensation and Comorehensive Public Liability and Property Damage Excluding Automobiles had been awarded to Guaranty Loan & Real Estate Compar~v, and the amounts increased to $100/$300,000 Bodily and $50,000 Property Damage. Mayor Eden announced the bids for Community Center No. 1 and Community Center No. 2 as advertised in the Evening Times on N,arch 11, 18, and 25th would be opened at this time. Architect Pat K. Magruder was present and inquired of the bidders present if they had received the addendums. All bidders indicated receipt of same. Thereupon, City Attorney Dillahunty opened and read aloud the bids received as follows: COi~iUNITY CENTER N0. 1 BIDDER BASE BID 1 ALT. 1 ALT. 2 ALT. 3 ALT. 4 ALT. 5 ALT. 6 ALT. 7 ALT. 8 N0. DAYS Heath & Scarbrough 179,000 1360 3967 1489 1963 1963 733 1436 210 Claude Irwin 191,570 2588 5250 1368 2080 2080 -350 765 1507 180 C. A. Lovell 18!1315 2508 6952 1368 2124 2124 NB 1445 550 250 N, & M 177,700 1885 5305 1035 1650 1650 -550 1161 1660 210 J. H. Taylor & Sons 175,000 1391 4077 1368 2018 2018 -460 765 1506 210 COhR~7UNiTY CENTER N0. 2 ALT .9 Dl~ Heath & Scarbrough 94,851 675 1245 419 1859 1373 830 1462 -400 -60 180 Claude Irwin 105,138 698 1345 528 1980 900 765 1507 NB NB 150 C. Lovell 106,117 753 1378 970 1929 1285 1445 550 NB NB 200 M & M 85,500 821 1394 567 1540 1850 1125 1650 -200 -200 210 Manning 92,840 675 1245 428 1800 1145 1462 765 NB NB 180 J. R. Taylor 96,447 725 1352 380 1790 1200 730 1380 -370 -100 270 Cleve Edwards 91,870 821 1394 131 1800 860 1055 1462 -972 -400 190 Alderman 0. I. Bollinger made a delayed appearance at the meeting. h:ayor Eden appointed a coTmnittee of Aldermen Bowie, Felts, Bassett, and Architect Pat Magruder as an advisory member to canvass the bids, and award the contract that would be most advantageous to the City. After discussion, motion was made by Alderman Matthews and seconded by Alderman l+'eis: That the cocmnittee appointed by the Mayor be approved, and if arty contract is awarded, that the bid most advantageous to the City be selected. Upon vote, the voting was as follows: Aye: Aldermen: Bowie, Felts, N,atthews, Weis, Bassett, and Bollinger. No: None. Recommendation of the Planning Commission to rezone from C-3 to C-5 property owned by Chandler G, and Dorothy S. Watkins and Delta Enterprises, Inc. was presented. It was brought to the Council's attention the property is located on the northside of Broadway between Avalor~; and Pearce Streets across the street from the Senior High School, and a drive-in restaurant is to be constructed on the property. City Attorney Dillahunty, upon inquiry, advised the Council of the control and restrictions as to locations of businesses selling alcoholic beverages in the vicinity of a church or school by State Statutes. Alderman Matthews introduced an ordinance entitled "An Ordinance To Rezone Certain Zoned Property From C-3 To C-5, Declaring An Emergency And For Other Purposes" which was read in full by Alderman t7eis. Alderman Bollinger 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 follows: Aye: Aldermen: Bowie, Felts, Matthews, Weis, Bassett, and Bollinger. 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 Bassett 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: Aye: Aldermen: Bowie, Felts, Matthews, Weis, Bassett, and Bollinger. 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 Matthews then read Section 3 again. Alderman Weis moved that Section 3 be adopted. This motion was duly seconded by Alderman Bollinger, and on roll call the following voted: Aye: Aldermen: Bowie, Felts, Matthews, Weis, Bassett, and Bollinger. No : None . The }iayor then declared that the ordinance and the emergency section had been duly passed, and thereup6n 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. 1179 AN ORDINANCE TO REZONE CERTAIN ZOP7ED PROPERTY FRCM C-3 TO C-S, DECLARING AN Eh1IIiGENCY AND FOR OTHER PURPOSES. WHEREAS, a petition has been filed with the Planning Commission of the City of West Piemphis, Arkansas, by Chandler G. ~7atkins and Dorothy S. Watkins and Delta Enterprises, Inc., as provided by Ordinance No. 1x11 0£ the City of West Memphis, Arkansas; and WHEREAS, a notice was duly published on the 3rd day of March, 1965, that a hearing would be held by the Planning Commission on the 18th day of N.arch, 1965, 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 arty, in connection with said application £or rezoning of property hereinafter described; and WHEREAS, at said meeting on Parch 18, 1965, 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 parcel of land lying in the East Half (Ez) of the East Half (E2) of the Southwest Quarter (SW~) of Section Twelve (12), Township Six (6) North, Range Eight (8) East, described as follows: Beginning at a point 2255 feet South and 20 feet ldest of the center of Section 12, Township 6 1Qorth, Range 8 East, thence West !110.05 feet, thence South 320.35 fee to the North right of way line of U. S. Highway 70, thence East 132.38 feet along the 1 00' (D-1o00') with an internal angle of 20 20' (I-2o 20') to the tangent point (P.T.) o£ the curve thence south 10 feet along the U. S. Highway 70 right of way line, thence East 278.20 feet along the North right of way line to a point on the West line of Avalon Street, which is 20 feet West of the center line of Section 12, Township 6 North, Range 8 East, thence North 303.6 feet along the West line of Avalon Street to the point of beginning. Containing 2.911 acres more or less. SUBJECT to right of way and easement in favor of American Telephone and Telegraph Coml7ar~y of Arkansas, dated November 1!{, 1951 and recorded in Book 230, pge 2115, records of Crittenden County, Arkansas, and SUBJECT also to right of way and easements for street, utilities, and drainage canals, and A parcel of land lying in the East Half (Ez) of the East Half (E2) of the Southwest Quarter (SW4) of Section Twelve (12), Township Six (6) IlBrth, Range Eight (8) East, Described as follows: Commencing at the center of Section lt, Township 6 North, Range d East, thence South 2255 feet along the center line of Section 12, Township 6 North, Range 8 East, thence idest 1130.0$ feet to the point of beginning; thence West 199.95 feet to the east line of Pearce Street, thence South 321.25 feet along the East line of Pearce Street to the North right of way line of U. S. Highway 70, thence East 103.25 feet along the North right of way line to the point of curvature (P. C.) of a l0 00' cur-ve (D-lo 00') with an internal angle of 2° 00' (1-20 20'), thence East 96.7!1 £eet along the curve of the North right of way line, thence North 320.25 feet along a line parallel to the East line of Pearce Street to the point to beginning, containing 1.117 acres more or less. SIIIBJnCT to right of way and easement in favor of American Telephone and Telegraph Comoar~y of Arkansas, dated November 111, 1951, and rec°rded in Book 230, page 21x5, records of Crittenden County, Arkansas, and SUBJECT also to right o£ way and easement for streets, utilities and drainage canals. be rezoned from present zoning C-3 to General Commercial District, C-5. 'v1HIIiEAS, no persons 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. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF WEST r:ESiPHIS, ARKANSAS: SECTION I. That the following property located in Crittenden County, Arkansas, to-wit: A parcel of land lying in the East Half (E.-~) o£ the East Half (E2) of the Southwest Quarter (SW~) of Section Twelve (12), Township Six (6) IJorth, Range Eight (8) East, described as follows: Beginning at a point 2255 feet South and 20 feet West of the center of Section 12, Township 6 North, Range 8 East, thence west !110.05 feet, thence South 320.35 feet to the North right of way line of U. S. Highway 70, thence East 132.38 feet along the 1° 00' (D-lo 00') with an internal angle of 20 20' (I-2o 20') to the tangent point (P. T.) of the curve thence south 10 feet along the U. S. Highway 70 right o£ way line, thence East 278.20 feet along the North right of way line to a point on the West Line of Avalon Street, which is 20 feet West of the center line of Section 12, Township 6 North, Range 8 Bast, thence North 303.6 feet along the West line of Avalon Street to the point of beginning. Centaining 2.911 acres more or less. SUBJECT to right of way and easement in favor of American Telephone and Telegraph Company of Arkansas, dated November 111, 1951, and recorded in Book 230, page 21{5, records of Crittenden County, Arkansas, and SUBJECT also to right o£ way and easements for street, utilities, and drainage canals, and A parcel of land lying in the East Half (E2) of the East Half (E2) of the Southwest Quarter (SW4) of Section Twelve (12), Township Six (6) North, Range Eight (8) East, Described as follows: Commencing at the center of Section 12, Township 6 North, Range 8 East, thence South 2255 feet along the center line of Section 12, Township 6 North, Range 8 East, thence West !130.05 feet to the point of beginning; thence West 199.95 feet to the east line of Pearce Street, thence South 321.25 feet along the East line of Pearce Street to the North right of way line of U. S. Highway 70, thence East 103.25 feet along the North right of way line to the point of curvature (P. C.) of a l0 00' curve (D-1° 00') with an internal angle of 2° 20' (I-2° 20'), thence East 96.711 feet along the curve of the North right of way line, thence North 320.2$ feet along a line parallel to the East line o£ Pearce Street to the point to beginning, containing 1.47 acres more or less. SUBJECT to right of way and easment in favor of American Telephone and Telegraph Company o£ Arkansas, dated November 111, 1951, and recorded in Book 230, page 2(15, records of Crittenden County, Arkansas, and SUBJECT also to right of way and easement for streets, utilities and drainage canals, now zonal as C-3, be and the same is hereby rezoned to 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 Piemphis and, in order to maintain an orderly system of zoning of districts within the zoning authority of the City o£ West Memphis in keeping with a prover city elan for the orderly develo_ment of said area, it is necessary that the rezoning of the above described property be immediately accomplished, and therefore, an emergency is found to exist and this ordinance shall be in full force and effect from and after its passage, approval and publicatimi as required by law. SECTION IV. COPY OF ORDINANCE FILED FOR RECORD; A copy of this ordinance when duly certified by the City Clerk, shall be subject to being filed and recorded in the office o£ the Circuit Court Clerk and Ex-Officio Recorder within and £or Crittenden County, Arkansas. n-,.,.,r,~,~;,;c-~ No further business being presented, the meeting was adjourned. ~' R ATTEST ~~ / APPROVED: