September 16, 19528
I,1INU'fE5 OF A REGULAR L~ETIIdG O1'' THE CITY COUNCIL OF TIC CITY OF tiVL'ST P,1EteiPNIS,
AHI{ANSAS, .HAD AND..HELD ON SEPTEt~~3ER 16, 1952.
' _
The Council of the City of 1Yest Idemphis met in a regular session at the City Hall
in said City at 7;30 P.M. on the 16th day of September, 1952.
The meeting was called to order by the Mayor, and the roll being called there were:
Present:. Mayor Va. B. Fordyce in the chair and the following Warned A]dermen:
James Bledsoe, U. I. Bollinger, Freeman Finley, Curtis Foster,
A• R. Manchester, P. B. Powers; City Attorney J. H. Spears and City Clerk
Fu. H. aeaton.
Absent: Aldermerx R. L. Garrison and C. H. Rowton.
It being determined a quorum was present, the following proceedings were had to-wit:
P.4inutes of Council L~Ieeting on September 2, 1952, were r::ad and approved.
Mayor Fordyce announced the meeting would be open for a hearing on the vacating of
15th and 16th Streets South o£ Tladison ,Avenue, and Madison Avenue between. 15th and 17th
Streets, notice of said hearing having been published. No one ar~pearing to object
to the proposed closing, the ordinance was introduced in vrriting by Aldernran Bledsoe:
Alderman Foster moved that the rule requiring said ordinance to be read in full
on t}rree different days be suspended, and that said ordinance be placed on its second
reading; motion was seconded by Alderman Powers, and thereafter the Mayor put the
question on the adoption of said motion, and the roll being called, the following
voted:
A.ye: Bledsoe, Bollinger, Finley, Foster, 1+Ianchester, Powers.
Iday: None.
~arhereupon the 34ayor declared the motion duly passed and said ordinance placed on
its second reading. The ordinance was then read the secorxd time by Alderman Finley.
Alderman Manchester then moved that said ordinance be now placed upon its final
adoption; motion was seconded by Alderman Powers, and after due consideration thereof
by said Council, the Mayor put the question on the adoption of the motion, and upon
,the roll being called, the following voted:
Aye; Bledsoe, Bollinger, Finley, Foster, Prlanchester, Powers.
clay: None.
6hereupen the Tr4ayor declared the motion duly carried and said ordinance placed
upon its final reading and adoption.
Said ordinance was read in fu1J. by Alderruan Foster who moved its adoption,
seconded by Alderman Bledsoe, and after due consideration thereof by said Council,
the P3ayor put the question upon the adoption of said motion, and upon passage of
said ordinance, and the roll being; called, the following voted:
Aye: Bledsoe, Bollinger, Finley, Foster h4anchester, Powers.
Nay : None.
}'Vhereupon the I~?ayor called to the Councils attention that the ordinance,
adopted contained an emergency clause acrd suggested that specific action should
be taken by the Council on this clause. uuhereupon motion vaas made by Alderman
I~Tanchester~ and duly seconded by Alderman Bollinger that the emergency clause
of said ordinance be adopted, and the roll being called, the following voted:
Aye: Bledsoe, Bollinger, Finley, Foster, I;lanchester, Powers.
Nay: None.
Vrhereupon the lrlayor declared said motion duly adopted and said ordinance
du]y passed, and signed his approval to said ordinance acrd t}re City Clerk was
directed to spread the same upon the record of Ordinances of the City of
crest P~iemphis, .rkansas, and to have same published as required by law, and to
number said ordinance No. 233•
Said ordinance to which no amendment was offered read as follows;
V l:~,d
oRDlrlnrrcE N0. 233
AN ORDINANCE VACATING PORTIONS OF r~~L1DISON AVENUE, FIFTEENTH STREET AND
SIRTl:ENTH STREET, IN THE CITY OF GVEST I,IEI.[PIIIS, ARKANSAS.
VJFIEREAS, a petition was duly filed with the City Council of the
City of West Memphis, Arkansas, on the 19th day of August, 1952,
asking the City Council to vacate;
That part of Fifteenth Street South of Madison
Avenue, being so much of Fifteenth Street as lies
between Block One Hun:]red Twenty-five and Block
Une Hundred Twenty-six of the George T. Kerrdal
Addition to the City of West Memphis, as per plats
of record in Plat Book ++1+~, pages 131, 170, 171,
172, 1911 and 195 of the records of the Clerk of
the Circuit Court and Ex-Officio Recorder within
and for the County of Crittenden, State of Arkansas;
That part of ;sixteenth Street, South of Madison
Avenue, being so much of Sixteenth Street as lies
between Block One Hundred 'T'wenty-six and Block One
Hundred Forty-one of the Ueorge T. Kendal Addition
to the City of Vilest Liemphis, as per. plats o£ record
in Ylat Book ++1+~, pages 1.38, 17U, 171, 172, 1911 and
195 of the records of the Clerk of the Circuit Court
and E:c-Ufficio Recorder wit}rin and for the Country
of Crittenden, State of Arkansas;
That part of I.ladison ,venue between Fifteenth and
Sixteenth Streets which lies in and across the lake
shown by plats of record in Plat Book ++1++; pages 131,
1'j0, 172, and 1911, in the office of the Circuit
Court Clerk and Ex-Officio Recorder of L'rittenden
County, Arkansas;
That part of Prladison Avenue, which has not been
dedicated by plat of record, but which has been
establis}~ed by prescription immediately South
of the lake s}~otivn by plats of record in Plat Book
++1++, pages 131, 170, 172 and 1911 in the office
of the Circuit Court Clerlc and Ex-Ufficio
Recorder of Crittenden County, Arkansas, from
the poir+t w}rere said non-dedicated part of
Dladison Avenue intersects the East line of
Fifteenth Street extending thence East to the
point where it intersects the West line of
Sixteenth Street, being so much of Madison
Avenue as has been established by prescription
and lies between the aforesaid lake and Block
One Flundred Twenty-six of the George T. }~endal
~~ddition to the City of 1Vest r.ierrphis, as per plats
of record in Plat Book ~+1++, pages 131, 170, 172
and 1911 oi' the records of the Clerk of the L'ircuit
Court and Ex-Officio Recorder within and for the
County of Crittenden, State of Arkansas;
That part of r4adison Avenue from the point where
it intersects the +west line of Sixteenth street
extending thence last to the point vahere said
r~'adi.son -+venue intersects the Vilest line of Seven-
teenth Street, being; so much of iu)a.dison llvenue
as lies in the interescction of I~ladison Avenue and
Sixteenth Street and between Block Cne Hundred
Forty and Block One Hundred Forty-one of the
George T. Kendal Addition to the City of West
Is1emphis, as per plats of record in Plat Book ++1++,
pages 138, 170, 171, 172, 191a and 1)5 of the
records of the Clerk of the Circuit Court and
Ex-~i'ficio }iecorder within and for the County of
Crittenden, State of Arkansas; and
;v}lERE9S, after due notice as required by* law the city Council has, at
the time and place mentioned in the notice, heard all persons desiring to be
heard on the question and has ascertained tt+a.t the streets or portions thereof
hereinabove described have heretofore been dedicated to the public use as t}re
streets herein described; that the hereinabove described portions of Fifteenth
Street, Sixteenth Street, and so much of Iiadison Avenue as lies in and across
the aforesaid lake, have not been opened and have not been actually used by t1+e
public generally for a period of five years subse.~uent to the filing o£ the plat;
that all of the ovrrrers of the property abut Ling upon the portions oi' the street
to be vacated have filed vrith the City Council their s~ritten consent to such
abandoru-Went of such streets;
NO'JV, TIIEREFOitE, BE IT UrTllAIN)D BY 'f HE CI`fY COUNCIL OF '1'liE CITY OF baF;CiT I~IED,IPIIIS,
ARKANSAS:
SECTION 1. ~j`i+e City of West Jenrphis, Arkansas, hereby rele:zaes, vacates
and abandons all rights, together with the rif~hts of t:e public generally in
and to the streets designated as follows:
That part of Fifteenth Street South of b4adison Avenue, being so
much of Fifteenth Street as lies between Block One Hmzdred Twenty-
five and Block One Hundred 'T'wenty-six of the George T. r~endal
addition to the City of 69est Memphis, as per plats of record in
plat Book "1", pages 131, 170, 171, 172, 194 and 195 of the
records of the Clark of the Circuit Court and Ex-"fficio Recorder
within and for the County of Crittenden, State of Arkansas:
That part of Sixteenth Street South of I+ladison avenue, being so
nm.ch of Sixteenth Street as lies between Block Une Hundred
Twenty-six and Block One Hundred Forty-one of the George T. nendal
addition to the City of west P.Iemphis, as per plats of record in
Plat Book '~1'~, pages 138, 1"jO, 171, 172, 194 and 195 of the records
of the Clerk. of the Circuit Court and Ex-Officio Recorder v+ithin and
for the Comity of Crittenden, State of Arkansasg
That part of Gdadison :venue between Fifteenth acrd Sixteenth Streets
which lies in and across the lake shown by p1aLS of record in Plat
Book 'r1'r, pages 131, 170, 172, and 191{ in the office of the Circuit
Court Clerk and ~-Officio Recorder of Crittenden County, Arkansas;
That part of Ialadison avenue which has not been dedicated by plats
of record, but which has been established by prescription iaunediately
South of the lake shovm by plat of record in plat Book "1", pages 131,
170, 172 and 194, in the office of the Circuit Court Cleric and Ex-
Officio Recorder of Crittenden County, .grkarrsas, from the point where
said non-dedicated part of Y~Iadison Avenue intersects the East line
of Fifteenth Street extending thence East to the point where it
intersects the West line of Sixteenth Street, being so much of
Madison Avenue as has beery established by prescription and lies
between the aforesaid lake and Block One Hundred `Twenty-six of the
George T. r'endal Addition to the City of West l+emphis, as per plats
of record in plat Book '~1", pages 131, 170, 172, and 194 of the
records of the Clerk of the Circuit Court and Ex-Officio Recorder
v+ithin and for the County of 8rittenden, State of arkansas;
That part of Madison avenue from the point where it intersects the
Vrsst line of Sixteenth Street extending thence East to the point
where said I<Iadison avenue intersects the West line of Seventeenth
Street, being so much of °`adison Avenue as lies in the intersection
of Madison Avenue and Sixteenth Street and between Block Une Hundred
Forty and block One Hundred Forty-one of the George T. Kendal Addition
to the City of Y~est Nfemphis, as per plats of record in Plat Book '~1",
pages 138, 170, 171, 172, 194 and 195 of the records of the Clerk of
the Circuit Court and Ex-"fficio Recorder within and for ttre County
of Crittenden, State of Arkansas.
SECTION ?_. A copy of this Ordinance, duly certified by the City
Clerk, shall be filed in the office of the Recorder of Crittenden County,
arkansas, and recorded in the deed records of this Corznty.
SECTIOPI 3• All ordinances and parts of osdinarrces in conflict herewith
are hereby repealed.
SECTION 4• This Ordinance being necessary for the preservation of the
public peace, health and welfare, an emergency is hereby declared, and this
Ordinance shall take effect and be in force from and after its passage.
Fri-iErFif :trbiE3NF
Judge VJ. K• Ingram and Mr. Lawson Garner, llirectors of Crittenden Idernorial
Hospital appeared before the Council to discuss the payment of the hospitals
utility bills. Mayor Fordyce advised those present that he had received the
following letter from the .lttorney* General's Office in reply to request made
for an interpretation of Sections 19-916, 917, 918, and 919:
l~,
UFFICE OF THE All'URPIEY GEI~dL;itAL
Honorable uV:illiarn B. Fordyce
Iviayor
West P~[emphis, Arkansas
Dear PSr. Fordyce;
In your letter of August 21, you refer to the fact that the City of crest P~femphis
owns its water and electric plants and that it has been furnishing yvater and
electric power to the Crittenden i'~1emorial ?Iospital but that the city has not been
reimbursed for such services during this year. You ask for an interpretation of
Secs. 19-916, 917, 918 and 919, and as to what procedure you should follow in an
effort to collect for this service or to grant an extension of credit to the
institution.
Secs. 19-916 through 19-918 are direci:,ed at preventing any city official from
accepting water or electric current or other city services vrithbizt paying there-
fbr, aid it is also made unlawful for a city official or employee to give service
to anyone without payment of regular rates therefor.
I do not thirrlc that these sections were intended to apply to a case where service
was furnished with the expectation of lrayment, bu+, the lailure to ,pay therefor was made
a misdemeanor. I think that the city authorities Yvould be authorized to make a
reasonable agreement with the hospital for the payment of a past due account where
it was unable to i;ay for the amount due at one time. I take it that the services in
this case v+ere furnished in good faith and that there was no intention of violating
the law involved. Of course, should the city be unable to collect, it vuould have
the right to bring a suit for the amount due.
CIPi ml
eery truly youz•s,
IKE P~9URRY
Attorney General
~S~ CLF'VEL,ANU HUII~AND
Assistant attorney General
:Ht ;t
After discussion of the matter, Mr. Garner presented a check in the amount
of ~1,000.UO to apply on the hospitalrs utility accowit and advised that the
account would be paid as soon as possible.
P.ir. L. H. Folk, Chairman of the Recreation Commission, appeared before tyre
Council and presented reports on the activities of the }^Ihite and Colored Playgrounds
for the year 1952. A number of the leaders of the Colored Recreation Committee were
present and expressed their appreciation to the i;ity Council for financial assistance
in providing the playground. P;Iayor Fordyce corwnended the vrork of al.l the members of
the Recreation Cornmi.ssion and their committees.
P.4ayor Fordyce reported to the Council that negotations for additional City Par}cs
had not been completed. Also, drat he had not received a report front the Engineer on
obtaining a lermanent grade for the sidewalk project on Barton Street.
Paayer Fordyce advised the Council that the ,lthletic Association had requested
the use of the Cityrs fa.c.ilities for watering the Football Field in the event the
watering was necessary to rnaint.aiu the field in proper condition. After discussion
of the matter, motion eras made, passed, and adopted instructing Chief P;lurphy of the
Fire Department to proaide the equipment needed upon request of the Athletic
Association.
The condition of the heating system at the Conununity House was discussed, and
due to the expense of repairing arxi maintaining the present system the following
motion was tirade by Alderman Finley: 'ihat the 1',layor obtain information on the cost
of butane equipment for heating of the Corrununity House. The motion was seconded by
Alderman 141anchester, and upon the matter being called to vote, the following voted:
Aye: Bledsoe, Bollinger, Finley, Ibster, Manche stet, and Powers.
Nay; P1one.
O
bSayor Fordyce presented tkre following resolution f'or the consideration of
the Council;
R E S O L U T I O N
v~ikERE:AS, Paul Bernhard was an Employee and City Official
of the City of West kriernphis for Five Years, and it is the
desire of the Mayor and the City Council to record their deep
sorrow in the death of Paul Bernhard on August 22, 1952, wkro
served with integrity and devotion to his duties.
IT IS TkkERr~FORE RESOLVED, that the ISayor and City Council
hereby give formal expression of their grief in the death of
Paul Bernhard, and hereby note in the records the passing from
this life of a man who was ester;nned ba his associates, loved by
his friends, and respected by all.
It is further resolved that a copy of this resolution be
tendered to the family of Paul Dernhard as heartfelt sympathy
in their bereve:uent from the officials of the City of
4Yest I~~emphis.
3~H~
Thereupon, motion was made, passed, and adopted to confirm the resolution.
City Attorney Spears presented an ordinance entitled ~~An Ordinance To
Amend Ordinance S,ro, 221r passed and approved on the 3rd day of June, 1952~~.
After discussion of the ordinance, motion was made by Alderman 11.Sanchester
and seconded by Alderman Foster to approve the first reading of the ordinance.
Upon tkre matter being called to vote, the following voted:
Aye: Bledsoe, Dellinger, Finley, Foster, I~Sanchester, and Powers.
Nay; None.
k,.gayor Fordyce advised the Council that the Planning Conunission at their
meeting on September 11th had recormnended the Resubdivision of the E of Lot 1,
Block 16, Compress Subdivision by taking off the ;;oath 5U feet of the lot.
After discussion of the matter, the following motion was nra.de by Alderman Powers;
That the recommendation of the Planning Convnission for the Resubdivision of the
E> of Lot 1, Block 1G, Compress Subdivision be approved. The motion was seconded
by Alderman Bledsoe, and upon the matter being called to vote, the i'ollowing voted:
Aye: Bledsoe, Bollinger, Finley, Foster, I:kanchester, and pourers.
Nay; None.
The Building Inspector presented the following; building permits he had
authorized to be issued, motion was made, passed, and adopted to coni'irm the
actions of the BuildinS* Inspector in the issuance of the following permits:
Harry Bloom 2 R. F. Sorrells
Mr. and Tr4rs. Donald Foster
VY. E. kd+rris-Y~est kv'ernphis Lumber
1;1ary kdiles
E. E. Garrett
Clara Wbatherby
Lula 1Villiams
Manning Lbr.
Dan Scott
Vualter Brown
Lary Thornton
l'Jil.liarn Houston
Robert Robinson
No further bus__ness appearing before the Council, the meeting was adjourned.
~~
//,~ ~~,
~, 1L ~4YOR
ATTEST:
C CLER
Ak'k'ROVED: October 21, ].952