October 1, 1952~_!
1v1INUTI:5 OF A dPEt~IAL 1vIF;LTIPIG OF TfIE CI'PY CUUNCiL OF Tl]E CITY OF ~a'r:~T I'•~IF;f:1L'Y.1S,
Altlil~Na:1S, fiAll ANll IIELD OP] UCTCBEIt 1, 1952.
The Council of the City of '+~est i.Iemphis met in a special session at the City Hall
in said City at 7;30 P.I+I. on the .1st da~~ of October, ]-95?_.
The meeting was called to orcter by the faayor, end the roll being called there were:
Present k.Sa,yor V1. B. Fordyce in the clraix• acid the following named Aldermen:
James Bledsoe, 0. I. Bollinger, Freeman Finley, Curtis roster,
ft. L. Garrison, A. R. t.iannhester, !. L. Powers, and C. H. Rov+ton;
City Attorney J. fI. Spears, and City Clerk br. R.. ;eat.on.
Absent: None.
The following proceedings uvere had to-vvit:
)'?ayor I'crdyce annannoed that the especial PJeeting of the Council and Planning
commission had been called in accordance with Ordinance 219 for the consideration of
the annexation of a tract of land lyir:g contiguous to the present north City Limits
known as Avondale Gardens 5ubdi.vision, and such other business as may come before the
Cotmcil and Commission.
The members of the Planning Ccnunissi_on present were: Y. P,1. Dacus, pk. i(. Ingraru,
Vic Foley, Aubry Spea.x•, Levy U'Brya+rt, Vu. H. Stotts, G. G. Kietzman, H. H. ~y-nran,
O. I. Lollinger, and vV. E. Harris. 't'hereupon, the Planning Commmission withdrew to an
adjoinirrg office to strady the plai, presented by Q«enda:te Gardens, Inc.
P,4ayor Fordyce announced that the first order of business would be the discuss:icn
of the sel°;er system .inasmuch as the survey being cori,Iucted by Engineer.• A• H• lleagler
triad not been completed, but it ha.s been ascertained that additional. reverare would have
to be obtained to maintain and repa9.r the present system. It was broufht to the Councils
attention by the lr;ayor that a nturber of prepert~~ ov+ners of tVest I:Ie,,iphis, who have sew+er
connections, ha~/e been payin• i'or the construction of the sever s~~stern i'or approximately
1> years, but that: other property owners had lead the value of their property enhanced by
virtue of t}~e sewer system. Also, that after an extensive survey of rates and charges of
other cities in Arkansas that tkre most .feasible plan he had been able to devise was to
increase the connection rates and prec,ent the prepos^d increase to the citizens of
ti~lest P~lemphis by publication of a notice of a frearz.ng on the matter.
After a discussion of the matter, the I'ollowint; resolution was introd~.rced in
v+riting and read in full by Alderman Bledsoe, who moved ti,at the resolution be adopted;
the mction was seconded by Alderman Garrison, and upon the matter being called to vote,
the following voted;
Aye Bledsoe, Bollinger, Finley, Foster, Garrison, f+ianchester, Powers, and Hovvton.
Na;*: None.
lJherrupon the I:Sayor called to t:he Councils attention that the resolution adopted
contained an emergency cla.rxse and sug,Cested that, specific action should be taken by
the Council. on this clause. vuhereupon motion vaas made by Alderman Bollingex• and duly
seconded by* Alderman Rowton that the emergency clause of said resolut~i.on be adopted,
and t;he roll being called, the folloroving voted:
.Aye: F37.edsoe, Bollinger, Finley, Foster, Garrison, lv,anchester, powers, and }towton.
Alay: Plone.
6ti ,ereul: on the Llayor declared said motion duly :_ulopted and said resolution duty
passed, and si€;ned his approval to said resolution. maid resolution to which nc
amendment eras offered read as follovrs:
RESOLUTION S),TTIP?G A DATE ~R A PUBLIC FIEARING
GN PROPOSED SE~+ER COTJNECTICN RATES
BE IT RESOLVID;
SECTION 1. That the City Council sets 7:30 o~clock Y.M., October 21st, 1952,
as the date for a public hearing on the proposed new rates for sewer connections,
and that the City i~lerk shall publish notice of said hearing one time in the
CRIT'lENllEN COUTIT'Y TINES, in substantially the following form;
NOTICE CF' HEARING
Notice is hereby given that the City Council of West J~iemphis, Arkansas,
has under consideration an ordinance establishing rates for connection to
the municipal sewer system, as follows;
In addition to the ;~3U notiv being charged by the City of V7est 1':Iemphis
for the purpose of paying the cost of labor and material from the sewer
main to the property line of the propert;,r being connected, the City will make
a charge for connection upon the basis of the size of the improvement, to-wit:
A building of 3 rooms or less ....................~30
A building of 4 or 5 rooms ....................... 50
A building of 6, 7 or 8 rooms .................... 7U
~, building of over 8 rooms ....................... y0
In the case of an apartment building, each rental unit will be
charged as a separate connection.
These connection charges shall be paid in cash at the time the
permit for connection is secured. The monthly sewer service charges
as fixed by Ordinance No. 108, passed and approved July 24, 1945,
shall begin to apply as soon as the connection is put into actual use.
All persons are hereby notified that a public hearing on the proposed
connection charges will be held in the Council Chamber in the City Hall in
YYest Memphis, Arkansas, at 7:3U o~clock Y.M., October 21st, 1952, at which
time all users of the sewer system and tk+e owners of property served or to be
served thereby, and others interested, shall have the opportunity to be heard
concerning the proposed rates or charges.
G.iV?J`k~ by order of the City Council this 1st day of October, 1952.
Clty' C er
SECTION 2. It is hereby ascertained and declared that in order to protect
the lives and health and property of the citi_ens of tiVest l+temphis, it is
necessary to improve and extend the murri.cipal sewer system; tkrerefore, an
emergency exists and this resolution, being necessary for the i~nnedi.ate
preservation of the public peace, health and safety, shall take effect and be
in force from and after its passage.
;H»tir~-+Ht#
Conunissioner P. M. Dacus, as acting Chairman of the Planning Commission,
reported to the Council that the Commission reconmrended to the Council the
approval of the Ylat of Avondale Gardens as presented, however, they had not
read the Bill of Assurance as they were oi' the opinion that it should be
studied by the City Attorney.
T~1r. John Cooper, one of the oovrrers of Avondale ;;ubdivision, eras present
and advised the Council of the set-back lines, easements, streets, building
plans and restrictions of the subdivision. Also, state to the Council that
the owners of the project would construct the streets and on-site sewers, but
were requesting the City to provide the outfall sewer and vrater and light
lines upon the subdivision being annexed to the City.
A letter from Engineer .'+. E. He:agler advising that a maximum of sixty
connections to the present system serving '~~Jorthinl;ton Park ;;ubdivision could
be made. LIr. Cooper thereupon stated to the Council that the ovrners of the
property were requesting the annexation vrith the understanding that only
sixty connections could be male until additional sewer facilities were
available.
(~
!liter discussion of the matter, the following motion was made by Alderman
Finley; That the proposed Avondale Gardens Subdivision be taken into the L'ity
with the understanding that a maximum of sixty connections could be rnal:e to the
present sever system and the City furnish utilities for CiO houses until such
time as ample funds be provided to construct the outfall sevrer system; the motion
was seconded by* Alderman Bledsoe, and upon the matter being called to vote, the
following voted:
A,;~e: Bledsoe, Bolinger, Finley, Foster, Garrison, i~.ianchester, Powers, and Rowton.
Nay: None.
The resolution to which no amendment was offered read as follows:
R E S O L U T I O N
hVHEREAS, Avondale Gardens, Inc. and J. C. Johnson, John A. Cooper,
J. C. blcCaa, Hugh Chalmers and Lewis K. PvicKee, are the ovniers of the following
described tract of land lying contiguous to the present City Limits of the
City of Giest trlernphis, rkansas, to-wit:
The South Half (S~=) of Section One (1) Tovrnship
Six (6) Dlorth, Range liight (8) East consisting of
320 acres of land
vuhich said tract of lnd vvi7.l be knov,~n as Avondale Gardens Subdivision, and
'iJIiE[Z}"sAS, said owners are desirous of having said property within the
corporate limits of this City, and
YVHE'ILI~iS, the City Council believes that it vrould be of benefit to the City
to annex this territory; Plovr, Therefore,
-E IT RE:iOL~VFD BY THE CITr COUNCIL OF THE CITY OF 'iIF~T IdE}1k'FiIS, ARKA}dSAS:
That the question of annexation of the territory above described be put to
the qualified voters of the City of 4uest }:iemphis at the annual election to be
held on P?ovember Lt, 19K2, as provided by la.w, by placing; on the ballot at that
election the following;
( ) FCR annexation of Avondale Gardens Subdivision to the
City of tiJest }:Iemphis
( ) AGAIP!ST annexation of Avondale Gardens Subdivision to the
City of iNest 1~1e~aphis
BE IT FURTIIisR RESOLVED that the City Clerk prepare and deliver a
certified copy hereof to the election cormnis>ioners of Crittenden County,
Arkansas, to the end that this question may be placed on the ballot as
aforementioned.
;a;; ::~c~~,t
mayor Fordyce advised the Council that he had received a letter from j
Pdr. John R. 'fhompson of the Public service Conmrission advising tlrat there ',
would be a delay in providing natural gas to ;lest }i-_a:rt~hi.s and Marion, and ;I,
requesting a meeting to discuss the matter. }:layor Fordyce stated that he ~'
and kulayor Bigger of k.larion were in Little Rock on September 21th, but
P?r. Thompson was out of the City. After discussion, motion tiaas made,
passed, and adopted that Lir. Thompson be contacted to sscertain if he '~
vaould meet vrith the Counci.ts of }Marion and best I;Iemphis on October 7th. '~
1do further business akpearing before the Council, the meeting eras adjourned.
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P.4~.YOR
ATTFIST:
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~'-ciTY CLER
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