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May 6, 1965?IINUTES OF REGULAR i'.EETING OF THE CITY COUNCIL OF THE CITY OF WEST r'EP;PHIS AAD AND HELD_ON THE 6TH DAY OF MAY, 1965. The Council o£ the City of '.lest 1„iemphis 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 6th day of May, 1965. The meeting was called to order by the Ifayor, and the roll being called, there were: Present: Bob Eden, Piayor, in the chair, and the following named Aldermen: 0. I. Bollinger Paul P:atthews R. C. Bowie C. H. Rawton Earl Felts F. C. ~ieis P:irby Leggett Franklin Bassett and City Attorney ld. H. Dillahunty. Absent: None. The following proceedings were had to-wit: Minutes of Council Meeting on April 15, 1965, were apprcved as read. The copies of the Audit For the City of West Memphis having been distributed to the Aldermen on April 15th, N.ayor Eden inquired if there were any questions. After discussion, motion was made by Alderman Bassett: That the Audit for 1964 prepared by Harry F. Dodge, Certified Public Accountant, be accepted as presented, The motion was seconded by Alderman Leggett: Upon vote, the voting was as follows: Yes: l~ldermen: Bollinger, Bowie, Felts, Leggett, I•:atthews, Rowton, Weiss, Bassett. No: None. The following Resolution was read and explained by the City Attorney: RESOLUTION N0. 285 BE IT RESOL'JED by the City Covncil of the City of West Memphis, Arkansas, that Bob Eden, as 1•iayor, and Charles F. DeGraff, as City Clerk, o£ the City of West Memphis, Arkansas, be and they are hereby authorized and directed to execute an Agreement and Easement with the Arkansas Power & Light Company in words and figures as follows, to-wit: "AGREII•;ENT AND EASEf~NT "KNOW ALL PiEN BY THESE PRESENTS: "THAT, WHEREAS, Arkansas Power & Light Company, a corporation, (hereinafter referred to as the "Company"), has for a number of years and is now selling electric energy to the City of West Memphis, Arkansas, (hereinafter referred to as the "City"), and in furtherance of its business has acquired rights of way and easements from the City and others within the corporate limits of the City, upon which it maintains lines for the transmission of electric power; and "L+IIiEREAS, the City has within recent years made substantial gains in population, as well as having increased in area, which growth and enlargement have increased the demands for electric energy in the City; and "I~J~REAS, in order to properly care for the present and anticipated demands for electric energy in the City it is necessary to firm up the power in the Company's transformer station at Woods and Polk Avenue by providing two-way service. That in order to accomplish this it is necessary that an additional line of poles be constructed by the Company within the City limits as hereinafter more particularly described; and "4~REAS, the City and the West Memphis City Utility Commission have approved the right of way hereinafter referred to and have agreed with the Company that the contemclated work above referred to is necessary in order for the Company to properly supply electric energy to the City; "NOW, THE.4EFORE, in consideration of the premises, and subject to the conditions hereinafter set forth, the City does hereby grant, bargain, sell, convey and warrant unto the Companv, its successors and assigns forever, a perpetual right of way and easement in the City along west side of hoods Street overbuilding the city line from Jackson Avenue south to the south side of Jefferson Avenue; thence west along the south side of Jefferson Avenue, 1,372 feet, more or less, to a point 30 feet east of the north-east corner of Block 2 of the Haish Subdivision; thence South across private property and City streets and/or roads to the south corporate limits; with the exclusive right, privilege and authority to said Company, its successors, assigns, lessees and tenants, to construct, erect, operate and maintain a line or lines for the purpose of transmitting electric power or other power in, on, along, over, through, across or under said street, and the inter- sections of any other streets or alleys which may cross said named and designated streets and avenues, to the extent on],y that same may be necessary in the enjoyment o£ the rights and privileges granted in and to said named and designated streets and avenues; the rights of way here granted to be sufficient in width for the proper construction and maintenance according to t)3e standard now or hereafter maintained by the Company for lines of the character presently contemplated or deemed advisable in the future by the Company. II u "Together with the right to said Company, its successors and assigns, to place, erect, maintain, inspect, add to the number of, and relocate at will, poles, towers, cross-arms or fixtures, and string wires and cables, adding thereto from time to time, across, through, under or over, the designated portion of said streets, avenues and alleys; to cut and remove therefrom any trees or overhanging branches or other obstructions which may endanger the safety or interfere with the use of said poles and towers or fixtures or wires attached thereto, or structures on said rights of way; and to remove and replace any poles now owned by the City, which may be necessary or desirable in the opinion of the Company in the location or maintenance of its said line. It is expressly agreed and understood, without limiting the generality of the above, that if the original location of the easement, and the distribution or transmission line, or lines, to be located thereon, should at a future time be needed for public travel, the Company shall in that event have the right to relocate the line to the outside of the dedicated street as then defined. "There is attached hereto, marked "Exhibit A", and made a part hereof, a drawing of the proposed location of said lines, which the Company agrees to complete as soon as practicable. "It is further expressly agreed and understood: "(a) That the Company has heretofore at considerable exprense acquired certain valuable rights and privileges in and to property within the corporate limSts of the City where its lines are presently located and that the Company does not by this agreement, or by any action taken thereunder, release, relinquish or abrogate said rights and privileges, or any of them, but on the contrary reserves all present rights. "(b) That any damage done to the streets or avenues by the Company in the course of the contemplated construction, or the maintenance of such lines after construction, is to be repaired at the Company's expense. "(c) That the electric facilities of the Company built on the easement herein granted will not be used, without the prior written consent of the City, to serve any user of electric power within the City of ~dest Memphis not presently being served by the Company under prior agreements or authority. "This instrument is executed in three counterparts, each of which shall be considered an original. "IN WITNESS WHEREGF, the City of West Memphis has caused these presents to be executed by its Mayor and its City Clerk, thereunto duly authorized by proper resolution in writing approved by a majority of the City Council present and participating, and the Arkansas Power & Light Company, a corporation, has caused these presents to be executed by its Vice ?resident and Assistant Secretary, and its corporate seal to be affixed pursuant to proper resolution of its Board of Directors, this 6th day of N.ay, 1965. CITY OF w ~ MEMP $, ARIfANSAS By c . y-~ Mayor ATTEST: i y erk A.RiSANSAS PCWER & LIGHT CGN:PANY ice ?resident ATTEST: Assistant ecretary" And to do any and all things that may be necessary in furtherance thereof. After discussion, motion was made by Akhrman Rowton: That Resolution as presented be adopted. Motion was seconded by Alderman Weis. Upon vote, the voting was as follows: Yes: Aldermen: Bollinger, Howie, Felts, Leggett, Matthews, Rowton, Weis, Bassett. No: None. The following Resolution was presented: RESOLUTION N0. 286 WHEREAS, the City of West N?emphis, Arkansas has grown rapidly in the past years and continues to grow; and, WHEREAS, the present post office is inadequate to properly serve the citizens of l^lest A;emphis because of size and location and, in fact, was inadequate at the time of its construction and opening; and, ivI~REAS, there is a necessity for additional postal facilities and a Federal office and Court building in the City of 'v7est Memphis, Arkansas, to provide adequate services and facilities to the citizens of this City, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of west Piemphis, Arkansas, that the prover authorities be contacted to request them to determine if an additional post office is feasible and to further request an investigation as to the feasibility of a Federal office and Court building. BE IT FURTHER RESOLVED that the N:avor be authorized and directed to take appropriate action to request the proper officials to make this survey. After discussion, motion was made by Alderman Matthews: That the Resolution be adopted. The motion was seconded by Alderman Leggett. Upon vote, the voting was as folbws: Yes: Aldermen: Bollinger, Bowie, Felts, Leggett, riatthews, Rowton, ';leis, Bassett. No: None. Mayor Eden requested the Councils assistance in asking citizens to obtain license numbers of vehicles violating the City~s traffic ordinances and reporting the violations to the Police Department as Folice Cars can not patrol the 105 miles of streets at all times and the Police Cars ar= detected before violators can be apprehended. Alderman Weis brought to the Councils attention the difficulty of large trucks turning into S. 8th Street and S. Woods Street from Broadway due to vehicles being parked on the side streets near the corners. The enforcement of parking regulations on the streets were discussed and the Mayor requested to obtain information on cost of obtaining additional devices £or traffic control lights for left turi~ at Broadway and Eighth, Woods, and Ingram Streets. Alderman Leggett informed the Council the property at Oliver and Rhodes Streets had not been cleaned-up as instructed by letter to Pir. E. L. Lawson. Mayor Eden stated ancther letter will be sent giving 10 days to clean the property. The construction of sidewalks on Barton Street from the Hayou to Stuart Street and on Ingram Boulevard was discussed. No further business being presented, the meeting was adjourned. ~/ i ATT C Y APPROVED: AiAY 20, 1965 ---~:~-~~=~~ P;AYOR