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September 2, 1965_ _._ MINUTES OF REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS HAD AND HELD ON THE 2ND DAY OF SEPTEMBER, 1965. The Council of the City of West 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 2nd day of September, 1965. The meeting was called to order and City Attorney Dillahunty announced due to the absence of Mayor Bob Eden a Mayor Pro Tampore moat be elected.. Motion xas made by Alderman Roxton: That Alderman 0. I. Bollinger be elected Mayor Pro Tempore. The motion xas seconded by Alderman Leggett. Upon vote, the voting was as folloxs: Yes: Aldermen: Howie, Felts, Leggett, Matthews, Roxton, Weis, and Bassett. No: Alderman: Bollinger. The roll being called there xere: Present: 0. I. Bollinger, Mayor Pro Tempore in the chair, and the following named Aldermen: R. C. Howie F. C. Weis Kirby Leggett Franklin Bassett Paul Matthews Earl Felts C. H. Rowton and City Attorney 91. H. Dillahunty. Absent: Mayor Bob Eden. The following proceedings xere had to-xit: Minutes of Council Meeting on August 19th xere approved as read. City Attorney Dillahunty informed the Council an Advertisement For Bids for construction of a building to house Pidgeon-Thomas Iron Company had been published in the Evening Times on August 12th, 19th, and 26th, however, due to changes in the plans bide mould not be received on the actual building but only on Base Bid 1-Site, Base Bid 2-Concrete, Base Bid 3-Plumbing, Base Hid 4-Electric, and Base Bid 5-Heat and Air Conditioning as per plans and specifications. Bidders present xere advised Notice would be read~ertised on the construction of the building. Request xas made that all bids be presented, thereupon, the bids received xere opened and read aloud by the City Attorney as Follows: BIDDER BASE BASE BASE BASE BASE NO OF HID 1 BID 2 BID 3 HID 4 BID 5 DAYS Site Concrete Plumbing Electric Heat & AC Broxnlee & Rogers $43,600 $28,036 100 Heath & Scarbrough Construction Co. 24,251 90 J. Everett NorYleet Construction Co. W. K. Ingram Construction Co. Nations Ready Mix H. N. Rodgers & Sons Company American Plumbing Co. W. N. McCoy Finley Electric Harrison Electric and Shelby Electric Tri State Electric Walter Louie Walker 26,941 43,062 20,581 23,725.12 50,000 $11,231 $5,619 10,137 4,831 $21,500 32,499 43 40 76 60 28,708 29,970 115 60 Bill McBurnett and McBurnett Electric 23,806 40 Announcement was made that all bids would be taken under advisement and the bidders mould be notified at a later date. The next order of business was a Hearing on vacating a portion of 20th Street, south of Wheeler Avenue and north of Goodwin Avenue; as per Notice published on August 6th and 13th in the Evening Times. No one appeared to object to vacating said street. Petitioner Marion Thomas and his Attorney Elton Rieves III xere present. After dlacusaion, Alderman Felts introduced an ordinance entitled "An Ordinance Vacating That Portion Of 20th Street Between Goodwin Avenue And Wheeler Avenue, Wheeler Subdivision, In The City Of West Memphis, County Of Crittenden, State Of Arkansas" which xas read in full by Alderman Roxton. Alderman Weis then moved that the rule requiring the reading in full o£ an ordinance on three different days be dispensed with. The motion was seconded by Alderman Boris and on the roll being called the voting xas as folloxs: Yea: Aldermen: Bowie, Leggett, Matthexs, Roxton, Weis, Bassett, and Felts. Nay: None. The Mayor Pro Tempore declared that more than txo-thirds of the members compseing the Council had voted in favor of the motion to suspend the rule and that it xas carried. Alderman Bassett then moved that the ordinance ae read be adopted. This motion xas duly seconded by Alderman Leggett, and on the roll being called the voting was as folloxa: Yes: Aldermen: Bowie, Leggett, Matthexs, Roxton, Weis, Bassett, sad Felts. Nay: None. The Mayor Pro Tempore 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 Matthxs then read Section 3 again. Alderman Felts moved that Section 3 be adopted. Thin motion xas duly seconded by Alderman Roxton, and on roll call the following voted: Yee: Aldermen: Bowie, Leggett, Matthexs, Roxton, Weis, Bassett, and Felts. Nay: None. The Mayor Pro Tem;ore then delcared 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 folloxs: ORDINANCE N0. 484 AN ORDINANCE VACATING THAT PORTION OF 20TH STREET BETWEF~I GOODWIN AVENUE AND WHEELER AVENUE, WHEEELER SUBDIVISION, IN THE CITY OF WEST MEMPHIS, COUNTY OF CRITTENDEN, STATE OF ARKANSAS WHEREAS, a petition signed by Ma:fon Thomas, Victoria T. Thomas, Larry C. Reed, Jr., Helen Francis Reed Mauldin, Charles W. Nix and Dorothy F. Nix was duly filed with the City Council of the City of Weat Memphis, Arkansas, on August 3, 1965, asking the City Council to vacate and abandon the following described street: That portion of 20th Street, being 60 feet in xidth, south of Wheeler Avenue, north of Goodwin Avenue and lying betxeen Lot One (1), Block Eighteen (18 ), Wheeler Subdivision, according to correction plat of Lots One (1), Txo (2), Three (3), Four (4), Five (5) and Six (6), Block Eighteen (18 ), Re-Plat of the South Oise-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 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, nox appearing of record is Plst Book 2, pages 94 and 95, in the office of the Circvit 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 West Memphis, Arkansas, nox 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 (1~) 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 nox on file in the office of the Circuit Court Clerk and Ex Officio Recorder for Crittenden County, Arkansas, subject to all easements as shown thereon; and WHEREAS, a xritten consent of the abutting oxners of said portion of 20th Street betxeen Goodwin Avenue and Wheeler Avenue, Weat Memphis, Arkansas, xas filed with the City Council, together with copies of the plats more particularly described in the legal description hereinabove net forth, as xell as other proper instruments; and WHEREAS, on the 5th day of August, 1965, a resolution was adopted by the City Council of West Memphis, Arkansas, fixing the 2nd day of September, 1965, as the date for the hearing on the said petition of Marion Thomas, Victoria T. Thomas, Larry C, xeed, Jr., Helen Francis Reed Mauldin, Charles W. Nix and Dorothy F. Nix for the vacation of that portion of 20th Street between Goodwin Avenue and Wheeler Avenue in West Memphis, Crittenden County, Arkansas; and WHEREAS, after the publication of notice in the manner and for the time prescribed by lax, the Council has at the time and at the place mentioned in the said notice heard all persons desiring to be heard on the question and has ascertained 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 apart of 20th Street, has not actually been need by the public as a street for a period of more than five years; that all of the owners of the property abutting upon the portion of 20th Street to be vacated have filed with the Council their written consent to such abandonment; and that public interest and xelfare will not be adversely affected by the abandon- ment of the portions described of said street. NOW, THEREFORE, BE IT ORDAINED BY THE CITY CODNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section 1. The City of Weat Memphis, Arkansas, hereby releases, vacates and abandons all its rights, together with the rights of the pnbllc generally in and to that portion of 20th Street designated as follows: That portion of 20th Street, being 60 feet in width, south of Wheeler Avenue, north of Goodwin Avenue and lying between Lot One (1), Block Eighteen (18 ), Wheeler Subdivision, according to correction.. plat of Lote One (1), Txo (2), Three (3), Four (4), Five (5) and Six (6 ), Block Eighteen (18 ), Re-Plat of the South One-Half of Block Eighteen (18), A~eEler 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 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 Hook 2, 'pages 94 and 95, in the office of Circuit Court Clerk and Ex Officio Recorder for Crittenden County, Arkansas; Lot One (1), Block Nineteen (19), of the Re-Plat of Hlocka Nineteen (19) and Twenty (20) of Wheeler Subdivision to the City of West 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 (1~) 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 114 of the records nox on file in the office of the Circuit Court Clerk and Ex Officio Recorder for Crittenden County, Srkansas, subject to all easements as shown hereon. Section 2. A copy of the ordinance, duly certified by the City Clerk, shall be filed in the office of the Recorder of the County -'and recorded in the Deed Records of the County. Section 3. This ordinance shall take effect and be in force £rom and after its passage. Section 4. It is ascertained and declared that there is an immediate and urgent need for the adoption of this ordinance, in that the said portion of 20th Street may be vacated without delay. It is, therefore, declared that an emergency exists and this ordinance being necessary for the immediate preservation of the public peace, health and safety, shall take effect and be in force from and after its passage. Mayor Pro Tempore Bollinger informed the Council bide for 2~ ton truck as per Notice Published in the Evening Times on August 18th would be opened. The following bid xas received: 1965 Chevrolet C6203, 2 ton trnck Cab and Chassis including a Heil 5 yard water level dump body for $3855.00 less credit for rental of $1200.00. Net coat $2655.00. After discussion, motion was made by Alderman Matthews: That bid of McCaa Chevrolet company be accepted. The motion was seconded by Alderman Leggett, and upon vote, the voting was as folloxa: Yes: Aldermen: Bowie, Leggett, Matthews, Rowton, Weis, Bassett, Felts No: None. No further business being presented, the meeting was adjourned. 0. BOL NGER, MAYOR PRO TEMPORE ` ! / APPR04ED: SEPTENIDER 16, 1965