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August 5, 1965MINUTES OF REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS HAD AND HELD ON THE 5TH DAY OF AUGUST, 1965. The Council of the City of West Memphis in the County of Crittenden, State of Arkansas, met in regular aeasion at the City Hall in said City at 3:00 o~clock P.M. on the 5th day of August, 1965. The meeting was called to order by the Mayor, acrd the roll being called there were: Present: Bob Eden, Mnyror, in the bhair, and the following named Aldermen: F. C. Weis Earl Felts Franklin Bassett Kirby Leggett 0. I. Bollinger Paul Matthews R. C. Bowie C. H. Roxton and City Attorney W. H. Dillahunty Absent: None. The following proceedings were had to-wit: Minutes of Council Meeting an July 15, 1965, were approved as read. Mayor Eden informed the Council xhen Resolution No. 287 was adopted reverting to the Utility Commission installing water lines in subdivisions it was brought to his attention that during the interval Mr. Abbott Widdicombe had installed water lines 1n hie subdivision at an approximate cost of $9,000.00. After diacnseon, the Mayor stated he xould investigate the matter further. The following petition was presented: PETITION TO VACATE 20TH STREET, BETWEEN GOODWIN AVENUE AND. WHEELER. AVENUE, WEST MEMPHIS, ARKANSAS TO THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS I. The undersignzed are owners of property abntting upon the following portion of 20th Street in Waet Memphis, Crittenden County, Arkansas, and more particularly described as follows: That portion of 20th Street, being 60 feet in xidth, south of Wheeler Avenue, north of Goodwin Avenue and lying between Lot One (1), Block Eighteen (18 ), Wheeler Subdivision, according to correction plat of Lota One (1), Two (2), Three (3), Four (4), Five (5) and Six (6 ), Block Eighteen (18), Re-Plat of the South One-Half of Block Eighteen (18 ), Wheeler Subdivision, recorded in Plat Book 2, page 122, Records of the office of the Clerk of the Circuit Court and Ex Officio Recorder for Crittenden County, Arkansas, and Lot Txelve (12), Block Twenty (20), of the Re-Plat of Blocks Nineteen (19) and Twenty (20) of Wheeler Subdivision to the City of West Memphis, Arkansas, now appearing of record in Plat Book 2, pages 94 and 95, in the office of the Circuit Court Clerk and Ex Officio Recorder for Crittenden County, Arkansas; Lot One (1), Block Nineteen (19) of the Re-Plat of Blocks Nineteen (19) and Twenty (20) of Wheeler Subdivision to the City of Weat Memphis, Arkansas, now appearing of record in the last mentioned Plat Book 2, at pages 94 and 95; and Lot Eleven (11), Block Eighteen (18 ), of the Re-Plat of Hlocks One (1) through Seventeen (17) and the North Half of Block Eighteen (18) and Hlock Twenty-one (21) of the Wheeler Subdivision as reflected by a re-plat of the said eubdiviaion as prepared by Bond Engineering Company and by being of record in Plat Book 2 at pages 113 and 1].!i of the records now on file in the office of the Circuit Court Clerk and Ex Officio Recorder for Crittenden County, Arkansas, aub~ect to all easements ae shown thereon. II. That said portion of 20th Street, while dedicated by the filing of the plate to which reference hoe been made in the description thereof, to the public as part of 20th Street, has not actually been used by the public as a street for a period of more than five (5) years. III. Filed herexith are certified-photostatic copies of plats showing the portions of the said 20th Street to be vacated, together with the lot and block numbers of each lot which abuts upon that portion of the street to be vacated. WHEREFORE, petitioners pray that the City Council: 1. By resolution, fix a date for hearing this petition and direct the Recorder of the City to give notice of such meeting by publication once a week for two consecutive xeeks in some nexspaper published in the County and having a general circulation in the City of West Memphis, which notice shall {a) state the names of the persons who have signed this petition, (b) state the name of the street and the portion thereof to be vacated; and, if ouch street is not named on the plat, identify the same by the abutting lot or block number; and (c) shall advise all persons that on a certain day therein named the Councll x111 hear and determine xhether that portion of the said 20th Street x111 be vacated; and 2. By ordinance, after the hearing aforesaid, vacate that portion of 20th Street above described. Respectfully submitted, Marion Thomas Victoria T. Thomas Larry C. Reed. Jr. met in regular session at the City Hall in said City at 3:00 o~clock P.M. on the 5th day of August, 1965. . The meeting vas called to order by the Mayor, and the roll being called there xere: Present: Hob Eden, Mn}ror, in the chair, and the following named Aldermen: F. C. Weis Earl Felts Franklin Bassett Kirby Leggett 0. I. Hollinger Paul Matthew R. C. Boxie C. H. Roxton and City Attorney W. H. Dillahunty Absent: None. The following proceedings xere had to-xit: Minutes of Council Meeting on July 15, 1965, xere approved as read. Mayor Eden informed the Council xhen Resolution No. 287 xas adopted reverting to the Utility Coamd.saion installing xater lines in aubdlvisions it was brought to his attention that during the interval Mr. Abbott Widdicombe had installed water lines in his subdivision at an approximate cost of $9,000.00. After diacuseon, the Mayor stated he xould investigate the matter further. The following petition was presented: PETITION TO VACATE 20TH STREET, BETWEEN GOODWIN AVENUE AND.WHEELER AVENUE, WEST MEMPHIS, ARKANSAS TO THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS I. The underaignzed are oxnera of property abetting upon the following portion of 20th Street in Weat Memphis, Crittenden County, Arkansas, and more particularly described as follows: That portion of 20th Street, being 60 feet in xidth, south of Wheeler Avenue, north of Goodxin Avenue and lying between Lot One (1), Block Eighteen (18), Wheeler Subdivision, according to correction plat of Lota One (1), Two (2), Three (3), Four (4), Five (5) and Six (6), Block Eighteen (18), Re-Plat of the South One-Half of Block Eighteen (18), Wheeler Subdivision, recorded in Plat Book 2, page 122, Records of the office of the Clerk of the Circuit Court and Ex Officio Recorder for Crittenden County, Arkansas, and Lot Txelve (12), Block Twenty (20), of the Re-Plat of Blocks Nineteen (19) and Twenty (20) of Wheeler Subdivision to the City of West Memphis, Arkansas, now appearing of record in Plat Book 2, pages 94 and 95, in the office of the Circuit Court Clerk and Ex Officio Recorder for Crittenden County, Arkansas; Lot One (1), Hlock Nineteen (19) of the Re-Plat of Blocks Nineteen (19) and Twenty (20) of Wheeler Subdivision to the City of West Memphis, Arkansas, now appearing of record in the last mentioned Plat Hook 2, at pages 94 and 95; and Lot Eleven (11), Block Eighteen (18), of the Re-Plat of Blocks One {1) through Seventeen (17) and the North Half of Block Eighteen (18) and Block Twenty-one (21) of the Wheeler Subdivision as reflected by a re-plat of the said subdivision as prepared by Hond Engineering Company and by being of record in Plat Book 2 at pages 113 and 17.4 of the records now on file in the office of the Circuit Court Clerk and Ex Officio Recorder for Crittenden County, Arkansas, aub~ect to all easements as shove thereon. II. That said portion of 20th Street, while dedicated by the filing of the plats to which reference has been made in the description thereof, to the public as part of 20th Street, has not actually been used by the public as a street for a period of more than five (5) years. III. Filed herexith are certified-photostatic copies of plats ahoxing the portions of the said 20th Street to be vacated, together xith the lot and block numbers o£ each lot xhich abuts upon that portion of the street to be vacated. WHEREFORE, petitioners pray that the City Council: 1. By resolution, fix a date for hearing this petition and direct the Recorder of the City to give notice of such meeting by publication once a reek for two consecutive xeeka in some nexspaper published in the County and having a general circulation in the City of Weat Memphis, which notice shall (a) state the names of the persons who have signed this petition, (b) state the name of the street and the portion thereof to be vacated; and, if such street is not named on the plat, identify the same by the abutting lot or block number; and (c) shall advise all persons that on a certain dny therein named the Council will hear and determine xhether that portion oP the said 20th Street x111 be vacated; and 2. Hy ordinance, after the hearing aforesaid, vacate that portion of 20th Street above described. Respectfully submitted, Marion Thomas Victoria T. Thomas Larry C. Reed, Jr. Helen Francis Reed Mauldin Charles W. Nix Dorothy F. Nix The City Attorney informed the Conncil Plat of the area, Consent of Abutting Owners To Vacation Of That Portion Of 20th Street, Affidavit of Helen Francis Reed Mauldin, and Abstracters Certificate had been filed. After discussion as to the street not being open nor used for traffic for five years, and would not cause the length of the block involved to be in excess of city regniretrenta, the following resolution setting date of hearing on Petition xas presented: RESOLUTION N0. 288 RESOLUTION FIJCINO A DATE FOR REARING THE PETITION OF HELEN FRANCIS REED MAULDIN, NARION.THOMAS,-VICTORIA T. THOMAS, LARRY C. REED, JR., CHARLES W. NIX AND DOROTHY. F. NIX FOR.VACATINC THAT PORTION OF 20TH STREET BETWEEN GOODWIN AVENUE AND WREEI.ER AVENUE IN WEST MEMPHIS, CRITTENDEN COUNTY, ARKANSAS. WHEREAS, Marion Thomas, Victoria T. Thomas, Larry C. Reed, Jr., Helen Francis Reed Mauldin, Charles W. Nix and Dorothy F. Nix have. filed a petition with the City Council of the City of bleat Memphis, Arkansas, requesting the vacation of the following street. ~ioh~~wP~ir~(~~~ugfa~i~t~yi~r~e~tx~~~[~0~00~~e~1};~ ~~~'Efg~~~e~f('~g~~e4~'~n~~$d~8~~o$f according to correction plat of Lots One (1), Tyro (2), Three (3), Four (4), Five {5) and Six (6 ), Block Eighteen (18 ), Re-Plat of the South One-Half of Block Eighteen (18), Wheeler Subdivision, recorded is Plat Book 2, page 122, Records of the office o£ the Clerk of the Circuit Court and Ex Officio Recorder for Crittenden County, Arkansas, and Lot Twelve (12), Block Twenty (20), of the Re-Plat of Blocks Nineteen (19) and Twenty (20) of Wheeler Subdivision to the City of West Memphis, Arkansas, now appearing of record in Plat Book 2, pages 94 and 95, in the office of the Circuit Court Clerk and Ex Officio Recorder for Crittenden County, Arkansas; Lot One (1), Block Nineteen (19), of the Re-Plat of Blocks Nineteen (19) and Twenty (20) of Wheeler Subdivision to the City of bleat Memphis, Arkansas, now appearing of record in the last mentioned Plat Book 2, at pages 94 and 95; and Lot Eleven (11), Block Eighteen (18), of the Re-Plat of Blocks One (1) through Seventeen (17) and the North Half of Block Eighteen (18) and Block Twenty-one (21) of the Wheeler Subdivision as reflected by a re-plat of the said subdivision as prepared by Bond Engineering Company and by being of record in Plat Book 2 at pages 113 and 114 of the records now on file in the office of the Circuit Court Clerk and Ex Officio Recorder for Crittenden County, Arkansas, subject to all easements as shoxn thereon; and WAERF.AS, said petition appears to be in proper form and to be signed by the oxners of property abutting upon said street; and WHEREAS, it appears that said street has not actually been used by the public for a period o£ beyond five yelara and that a date should be fixed for the hearing on such petition; NOW, THEREFORE, BE IT RESOLVED: 1. That the 2nd day of September, 1965, be and the same is hereby fixed for hearing the petition aforesaid. 2. That the City Clerk give notice of such hearing once a week for two consecutive weeks in some newspaper published in the County of Crittenden and having a general circulation in the City of bleat Memphis. Said notice shall (a) state the name of the person or persons who signed the petition, (b) state the name of the street, or the portion thereof to be vacated, and (c) advise all persons that on the date above named the Council will hear the petition aforesaid and determine whether the street shall be vacated. Motion was made by Alderman Matthews: That the Resolution as presented be adopted. The motion was seconded by Alderman Bassett. Upon. vote, the wting was as follows: Yes: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Matthews, Rowton. No: 'None. Based on a recommendation of the Public Utility Consultants Van Scoyoc & Wiakup employed by the Utility Commission that it is desirable that the Utility Commission acquire facilities to provide electricity to the West Memphis Cotton Oil Mill and C. L. Montgomery property due to the advantages in balancing electric consumption in summer and winter, the Mayor informed the Council the physical equipment of Arkansas Power & Light Company could be obtained at a depreciated value of $27,928.00, however, se this amount exceeds the $5,000 purchasing limits of the Utility Commission the following Resolution was being presented to the Council for consideration: RESOLUTION N0. 289 WIfl;REAS, the Utility Commission of the City of West Memphis, Arkansas, has determined that it would be in the best interest of the City and the Utility Commission to acquire facilities to provide electric service to areas in the City that are now being serviced by Arkansas Power & Light Company, and WHEREAS, the IItility Commission has negotiated xith the Arkansas Power & Light Company for an agreed purchase price of electrical equipment and facilities in the amount of Twenty seven Thousand Nine Hundred Twenty-eight sad no/100 ($27,928.00) Dollars, and WHEREAS, such contract price exceeds the purchasing limits authorized by ordinance for the Utility Commission, and W}UNi.EAS, the City Council of Weat Memphis, Arkansas, concurs in such action by the IItility Commission and authorizes such purchase to be made, NOW, THEREFORE, BE IT RESOLVED that the Weat Memphis Utility Commission be, and the same is hereby, authorized and directed to purchase of and from the Arkansas Power & Light Company electric facilities and equipment as set forth in a written contract for the sum of Twenty seven Thousand Nine Hundred Twenty-eight and no/100 {$27,928.00) Dollars. After discussion, motion was made by Alderman Roxton: That the Resolution be adopted ae presented. The notion was seconded by Alderman Leggett. Upon vote, the voting was as folloxs: Yes: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Matthews, and Roxton. No: None. Mayor Eden presented the following contract: CONTRACT Thin contract was made and entered into this the tad day of August, 1965, by and between the County Court of Mississippi County, Arkansas, the City of West Memphis, to-wit: This contract is entered into under the proviaiona of Act No. 118 of the Acta of 1939 of the State of Arkansas. Mississippi County owns and operates a county or penal farm upon which prisoners of the county, committed for misdemeanor offenses, are required, by manual labor, to discharge aentencea, fines and costs iapoaed by coact of competent jurisdiction within said county. The City o£ West Memphis has no separate workhouse or penal farm and under the authority of said Act, the City of Weat Memphis and the County of Mississippi are authorized to enter into a contract whereby duly committed prisoners of the City of West Memphis may be required to discharge sentences, fines and coats upon said Mississippi County Penal Farm. Miasisaippi County and the City of West Memphis have therefore agreed and contracted that: 1. Upon proper commitment being issued persona convicted by a court (or courts) of proper jurisdiction of the City of West Memphis will be accepted by Miasisaippi County to discharge their sentences, fines and costa (as hereinafter net forth) at manual labor on the Miasisaippi County Farm. 2. Misaisaippi County shall have the right to reject and refuse to accept arty individual prisoner committed when such action is deemed by the Mississippi County Judge or the superintendent of the Mississippi County Farm to be in the best interests of the said county. 3. No person will be accepted by said farm who has been given a fine of less than Thirty Dollars, or, in the alternative, a sentence of leas than Thirty days to be discharged by work on said farm. l~. No person will be accepted by said farm if aqq costa are added to arty commmitment for mileage coats for the delivery of said person to the said county farm. 5. Ar~p person delivered to the said county farm must be delivered upon a commitment issued not more than three days prior to the date of said delivery. 6. No additional coats added to the commitment or asked by the contracting agency incurred after the date of the comani.tment will be recognized by Mississippi County. 7. The agency (party) contracting with Mississippi County agrees that no costs of ar~v kind subsequent to conviction will be added to costs taxed on the commitment, or, if such costs are added, that they be specifically separated and due notation made that such costs are not to be worked out on the Miasisaippi County Farm. 8. Thin contract being for the mutual benefit and beat interest of the respective contracting agencies (parties) and the agencies contracting with Mississippi County being without adequate means of working and housing its prisoners, it is agreed that no part of the fine worked out by said prisoners is to be paid the agency contraction with the said Mississippi County, and, of course, that no payment will be made by Mississippi County for sentences discharged by work upon said farm. 9. This agreement shall continue in effect from the date hereof for a period of two years, subject to cancellation upon thirty days written notice by either of the agencies (parties). IN WITNESS WHEREOF the contracting agencies (political subdivisions of the State of Arkansasl have executed this agreement in their respective names and behalf by their proper o ficiale. COUNTY OF MISSISSIPI CITY OF WEST MEN,PHIS *-~-~ The Council xas informed it would be to the best interest of the City that some male aad female prisoners be transformed to a penal farm. The City xill deliver the prisoners to the penal farm at Osceola, and will be paid a sum not to exceed $16.00 per prisoner. After discussion, motion xas made by Alderman Weis: That the Mayor be authorized to execute the contract as presented. The motion was seconded by Alderman Felts. Upon vote, the voting xas as follows: Yes: Aldermen: Weis, Bassett, Bollinger, Felts, Leggett, Matthews, Rowton. No: Alderman: Hoxie. The Mayor ruled the motion carried. Mayor Eden reported to the Council that the request of Mr. Frank Alford on July 15th to place a trailer on his premises for his mother, xho was 111, had been grossly exaggerated, and that the following letter had been delivered to Mr. Alford and he had been given verbal notice by Building Inspector Perrine on July 30th to remove the trailer within ten days: August 3, 1965 Mr. Frank Alford 520 North loth West Memphis, Arkansas Dear Mr. Alford: On July 15, 1965, you presented a request to the City Council for a temporary permit to locate.:a house trailer on your premises for your Mother. The Council agreed to grant a temporary permit, provided that you secure a petition signed by all residents on your street, across the street from you in the same block and those residing in the same block to the rear of your residence. It has been brought to vtS' attention that such signatures and approval was not obtained and, therefore, the permit previously issued is hereby revoked because of non-compliance xith the Councils request. This matter shall remain as stated unless otherwise approved by the City Council Sincerely, Hob Eden Mayor Mayor Eden informed the Council he had been contacted by officials of a company interested in obtaining a franchise for installing a TV cable system in Weat Memphis that would make available TV programs from Little Rock and Jonesboro. The plan as presented xould be for individuals rd:o would pay for the service if desired, and the City xould receive 2~ of gross revenue and $1.50 a year per utility pole used in installing the cable. No action-xas taken on the matter. Mayor Eden recommended the reappointment of Mr. Charles J. IIpton as a member of the Utility Commission for a period of five years. Motion vas made by Alderman Bollinger: That the reappointment of Mr. Charles J. Upton be approved. Upon vote, the voting xas as follows: Yea: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Matthews, and Roxton. No: None. The Mayor submitted the name of Chan Watkins for reappointment to the Airport Commission for a period of five ,years. Motion xas made by Alderman Matthews: That Chan Watkins be reappointed i.n accordance xith Ordinance No. 422. The motion xas seconded by Alderman Roxton. Upon vote, the voting was as follows: Yee: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Matthews, and Rowton. No: None. An Ordinance entitled "An Ordinance Authorizing The Mayor To Enter Into a Txelve-Month Trial-Lease Agreement For Parking Meters To Be Installed Upon The Streets Of The City Of West Memphis, Arkansas, And For Other Purposes," xas read the first time. Motion xas made by Alderman Leggett: That the first reading of the ordinance be approved. The motion was seconded by Alderman Rowton. Upon vote, the voting xas as follows: Yee: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Matthews, and Rowton. No: None. Mayor Eden explained to the Council the problem of 10 Mile Bryyou being a health hazard due to being a breeding ground for mosquitoes and the odor despite the fact no sewerage runs , into the bayou. The Mayor presented his plan to construct a dam out of utility poles where 10 Mile Bayou and, the Diversion Ditch converge and a well to be operated twenty-Sour hours for approximately 2 days a week in order to flush out the mosquito larvae, and also enable the use of a boat to kill ve@-tion along the banks by use of chemicals. The amount of water needed, the type of well - a 11: or 16 inch single stage well, and a period of ten days for construction of the xell were discussed. Thereupon, motion was made by Alderman Bassett: That due to health and safety measures the Mayor be authorized to immediately receive bide for a xell, and a committee be appointed to canvass the bids and award the contract, The motion was seconded by Alderman Weis. Upon vote, the voting was as follows: Yes: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Matthews, and Roxton. No: None. Mayor Eden appointed a committee of Aldermen Bowie, Hasaett, Bollinger, and Weis to meet with him Thursday, Augnat 12, 1965, at 3 P,M, to canvass the bide. Alderman Bassett was requested to obtain information on obtaining an easement for the dam. A plat of the First Addition of Westwood Acres and Replat of Lota 6, 7, 8, 9, 10, Block 1 and Lota 1, 2, 3, 4, 8, and 5, Block 4 of Westwood Acres xas presented. Engineer Dharles Hampton stated corrections as recommended by the Planning Commission had been made on the plat, and it meets all City requirements, also the Utility Conmdsaion Engineer had studied the Plat. After discussion, motion was made by Alderman Weis: That the plat of First Addition of Westwood Acres and Replat of Lota in Blocks 1 sad ~ of Westwood Acres be accepted. The motion was seconded by Alderman Leggett. Upon vote, the voting was as follows: Yes: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Matthexs, and Rowton. No: None. Building Inspector Perrine informed the Council of the difficulty in obtaining the "Lineal' copies of approved plate for the city~s records. Motion was made by Alderman Bowie: That Building Inspector Perrine be instructed not to issue arty permits until he receives a Mylor film of an approved plat, and that the Inspector be given a week in order to assign house numbers to the plat before issuing aiLy permits. Alderman Leggett seconded the motion. Upon vote, the voting was as follows: Yes: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Matthews, and Roxton. No: None. Plat of Subdivision of NEq Section 17, T-6-N, R-9-E was presented. The purpose of the plat was to give lot and block munbera for tax purposes and dedicate streets. After discussion with Mr. C. H. Bond, Jr for the owner of the property Wm. L. Johnson Compagy, and Mr. C. H. Aampton o£ the City Engineering Department, motion was made by Alderman Matthews: That the plat be approved as presented. The motion xas seconded by Alderman Rowton. Upon vote, the voting xas as follows: Yes: Aldermen: Weis, Bassett, Bollinger, Bowie, Felts, Leggett, Matthexs, and Rowton. No: None. No further business being presented, the meeting xas adjourned. /~ ATTEST C~ ~6c ! ' '12-.~.~ ~ APPROVED: AUGUST 19, 1965