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December 2, 19521~~ MINUTES OF A REGULAR MEETIIIG OF THE CITY COUNCIL OF THE CITY OF tirFST MEMPHIS, ARKANSAS, _ HAI), l1ND IIEi.D_ ON _I7ECEZdBER 2, 1952..:. The Council of the City of West Memphis met in a regular session at the City I}all in said City at 7:30 P.M. on the 2nd day of December, 1952. The meeting was called to order by the Mayor, and the roll being called there were: Present: Mayor }'J. B. Fordyce in the chair and the following named Aldermen: James Bledsoe, 0. I~ Bollinger, Freeman Finley, Curtis Foster, A• R. Manchester, P. B. Powers, and C. H. Rowton; City Attorney J. II. Spears and City Clerk W. R. Seaton. Absent: Alderman R. L. Garrison. It being determined a quorum was present, the following proceedings were had to-wits Minutes of Council Meeting on November 18th were read and approved. Mayor Fordyce reported to the Council on the progress being made in securing petitions for the Special Improvement Districts. After discussion of the matter, the Mayor was instructed to proceed obtaining data as to costs of construction for the pro3ects. Alderman Powers being ill was excused from the meeting. City Attorney Spears presented an ordinance he had been instructed to prepare. After discussion the ordinance was introduced in writing and read in full by Alderman Finley: Alderman Bledsoe moved that the rule requiring said ordinance to be read in full on three different days be szspended, and tY~at said ordinance be placed on its second reading; motion was seconded by Alderman Manchester, and thereafter the Mayor put the question on the adoption of said motion, and the roll being called, the following voted: Ayes Bledsoe, Bollinger, Finley, Foster, Manchester, and Rowton. Nay: None. Whereupon the Mayor declared the motion du],y passed and said ordinance placed on its second reading. The ordinance was then read the second time by Alderman Bollinger. Alderman Foster then moved that said ordinance be now placed upon its final adoption; motion was seconded by Alderman Rowton, 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, Manchester, and Rowton. Nay: None. Y~(hereupon the Mayor declared the motion duly carried and said ordinance placed upon its final reading and adoption. Said ordinance was read in full by Alderman Bledsoe who moved itg adoption, seconded by Alderman Finley, and after due consideration thereof by said Council, the Mayor 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, 1anchester, and Rowton. Nays None. Whereupon the Mayor called to the Councils attention that the ordinance adopted contained an emergency clause and suggested that specific action should be taken by the Council on this clause. Whereupon motion was made by Alderman Manchester 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, Manchester, and Rowton. Nay: None. Whereupon the Mayor declared said motion duly adopted and said ordinance du],y passed, and signed his approval to said ordinance and the City Clerk was directed to spread the same upon the record of Ordinances of the City of West Memphis, Arkansas, and to have same published as required by law, and to number said ordinance No. 215. Said ordinance to which no amendment was offered read as follows: ~~ ORDINANCE N0. 21s5 AN ORDINANCE TO REGULATE AND RESTRICT THE LOCATION OF TRADES AND INDUSTRIES AND THE LOCATION OF BUILDINGS DESIGNED FOR SPECIFIED USES, TO REGULATE AND LIMIT THE HEIGHT AND BULK OF BUILDINGS HEREAFTgt ERECTED OR ALTERED, REGULATE AND DETERMINE. THE AREA OF YARDS, COURTS AND OTHER OPEN SPACES SURROUNDING BUILDINGS, TO REGULATE AND LIMIT THE DENSITY OF POPULATION, AND FOR SAID PURPOSES TO DIVIDE THE CITY INTO RESTRICTED DISTRICTS AND TO PRESCRIBE PENALTIES FOR VIOLATION OF ITS PROVISIONS AND TO PROVIDE FOR ITS ENDORSEMENT. BE IT ORDAINED BY THE CITY CUUP7CIL OF THE CITY OF 1VEST MEMPHIS, ARKANSAS, Thats SECTION 1 - DISTRICT AND BOUNDARIES THEREOF: That the area east of Twenty-First Street to the City Limits, south of Highway 70 and north of Polk Street extended to the eastern city limits be zoned and classified as oDn Commercial as provided by Ordinance No. 165 as amended; that the provisions of Ordinance No. 165, as amended; that the provisions of Ordinance No. 165, as amended, shall apply to the area herein zoned insofar as the provisions of said ordinances are applicable. SECTION 2 - "D" COMT.~RCIAL DISTRICT REGULATIONS: Use Regulations: In the "D" Commercial District no building or premises shall be used and no building herein shall be erected or structurally altered except for one or more of the following urea: 1. A~ use permitted in the ''C" tultiple Family District. 2. ~• commercial establishment or place of amusement offering goods or service fbr sale at retail not involving the manufacture or treatment of products other than manufaiure or treatment which is clearly incidental to the conduct of such retail establishment and in which not more than ten (10) per cent of the floor area is devoted to such manufacture or treatment and not more than ten (10 per cent of the total number of employees are engaged in such manufacture or treatment and by reason of the emission of odor, dust, smoke, gas, noise or vibration and is not expressly prohibited by an,}* other regulation of the City of West Memphis. 3. Storage garages. HEIGHT REGULATIONS: No building in the "D" Commercial District shall be erected or structurally altered to exceed two and Qne-half (22) stories or thirty-five (35) feet in height. See Section 10. YARD REGULATIONS: Front and Rear Yards: All buildings in the "D+' Commercial District hereafter erected or structurally altered shall comp],y with,tk~e front and rear yard regulations of the +'A" Residence District. Said Yard: In the '+D" Commercial District there shall be a side yard on each side of every building occupied by a use permitted in the '+C" Multiple Family Residence District of not less than ten (10) feet. In the event that Section 11~ of this Ordinance requires a side yard of greater width on the street side of a corner lot than is required herein, the provisions of said Section 14 shall prevail. In all other cases a aide yard shall not be required, but if provided it shall be not less than four (1:) feet. Section Section 10. LOT AREA PER FAMILY: In the "D" Commercial District every building hereafter erected or structurally altered Br dw~alling purposes shall provide a lot area of not less than one thousand (1,000) square feet per family. SECTION 3 - EMERGENCY CLAUSE: It being determined that the area herein zoi3ed and classified is on this date unzoned and unclassified, and this ordinance being necessary to properly zone and classify said area, it is determined that an emergency exists and this ordinance shall be in full force and effect from and after its passage and approval. a~r~.~t-~ttt~=~ ~~~_~ Mayor Fordyce advised the Council that the water from the new well in Worthington Park Subdivision was not being used due to the fact that a method of treatment must be devised for the water to equal the excellent standards of the water from the old wells, and that the Light & Water Commission had recommended to the Council that the firnr of Allen & Hoshall be retained to conduct a survey to ascertain the most advantageous method. Mr. E. J. yyhite, a member of the Light & Water Commission, was present and discussed the matter with the Council. Thereupon, motion was made by Alderman Bledsoe that; The Mayor and City Clerk be and they are hereby authorized to execute the Engineering Service Contract with the firm of Allen & Hoahall. The motion was seconded by Alderman Rowton, and upon the matter being called to vote, the following voted: Aye; Bledsoe, Bollinger Finley, Foster, Manchester, and Rowton. Nay: None. The contract is as follows ENGINEERING SERVICE CONTRACT THIS CONTRACT made this day of 19 , by and between the City of tNeat Memphis, Ar ansas, ough its overning ody, hereinafter designated as the OWNER, and ALLEN & HOSHALL, Consulting ~ngi.neers, Memphis, Tennessee, herein- after designated as the ENGINEER. WI?ERLAS) The pmrer cont,enq lat,es; The construction of certain facilities necessary for treatment of tare water from the existing new 1500 GPM well. WHEREAS) Certain engineering services are required in the investigation, planning and execution of the said improvements, and WIIERFJIS; The Owner does hereby employ the Engineer to furnish the aforesaid engineering services, NOW, THEREFORE, THE Parties hereto do mutually agree as follows SERVICES THE ENGINEFIt AGREES, in consideration of payments to be made by the Owner, as hereinafter set out, to furnish certain engineering services, as follows; I'PEM ONE, Preliminary studies and reports: The Engineer shall make preliminary investigations, field surveys, studies, and analyses to determine the condition of the existing facilities and the scope of the proposed improvements. Bases upon the studies acrd investigations made, the Engineer shall prepare and furnish to the Owner a Report covering the results of his investigations and including reconunendations for immediate improvements, a long range plan for operation and coordination of existing and proposed facilities, preliminary maps and drawings of the proposed work, preliminary estimates of coat, and other pertinent and useful information. ITEM TWO, Designs; The Engineer s}rall prepare complete andchtailed drawings, specifications and contract documents for the purpose of awarding a contract, or contracts, for the furnishing of all labor, materials and equipment necessary for the construction of the following; Water treatment facilities and improvements as instructed by the Mayor and Board of Aldermen. The Engineer shall prepare and furnish to the Ormer estimates of all work included in the completed drawings, specifications and contract documents and shall assist t2~e Owner in collecting necessary data in connection with the financing of the proposed work. The Engineer shall obtain the approval of Arkansas State Health Department and Arkansas Inspection and Rating Bureau and such other agencies and legally constituted authorities as may have jurisdiction over the drawings and specifications for the proposed improvements. ITEM THREF. Supervision of Constructions The Engineer shall have a responsible representative present at all lettings of contracts for the proposed work and shall advise and assist the Owner in the making of awards of contracts to successful bidders. The Engineer also shall act in a general supervisory and consulting capacity throughout the construction period. The Engineer shall furnish and maintain at the site of the work, a competent Supervising Resident Engineer during the construction of the proposed improvements. The Engineer further shall furnish and maintain at the site of the work, such additional engineering personnel as may be required to proper]y execute his work. The Supervising Engineer, or his authorized assistants, shall inspect and appro-ae all materials and workmanship incorporated into the work and shall check and approve all layouts of work and estimates for payments to construction contractors. Upon the completion of all construction supervised under this contract, the Engineer shall furnish to the Owner a complete set of final ~~ps-Built~~ drawings covering the work as actuall,}r installed. ITEM FOUR, Miscellaneous Services: None The Owner Agrees, in consideration of services to be performed by the Engineer, as hereinbefore set out, tot (a) Fm`nish to the Engineer copies of all records, reports, plats, and other information in its possession which may be required by the Engineer in the investigations and designs hereinbefore described under ITEIdS ONE AND TWO. (b) Furnish such labor, tools and equipment as may be required by the Engineer in locating, examining and testing existing facilities and in determining subsurface and foundation conditions. PAYMENTS IN PAYMENT for the services hereinbefore described under Items One, Two, Three and Four, the Owner agrees to pay and does allow the engineer the follovring amounts: ITEM ONE, Preliminary studies and reports: The sum of Five Hundred Dollars 0500.00) In the event all or any part of the work described under Services, Item One is designed in accordance with the terms and conditions of Services, Item Two this fee shall uecome part of the design fee described under Item Two below in proportion to that part of the work designed. ITEM TY10, Designs: p sum equal to 3p percent of the estimated cost of construction of the proposed improvements; fifty percent (50~) of said sum to be due and payable upon completion of 50~ of the work and the balance to be due and payable upon completion of all the work described under Services, Item Two. The total fee shall be adjusted in whole or in part in accordance with the final construction cost of that part of the proposed work actually constructed. ITEM TIIRE'E, Supervision of Gonstruction: A sum equal to 3$ percent of the total actual cost of construction of the work; this sum to be due and payable in partial payments made concurrently with payments to the construction contractor, with final payment to be due and payable after the final acceptance of the completed construction and the preparation of necessary final ~~ps-Built~~ drawings. ITEM FOUR, Miscellaneous Services: None IN WITNESS WHEREOF, we have hereunto set our hands and seals the day and year first above set out; (This contract executed in duplicate) ATTESTS /S/ W. R. Seaton Title City Clerk OtiVNER CITY OF WEST MEMPHIS By /S/ Vr• B. Fordyce Title Mayor ENGINEER ALLEN & HOSHALL, CONSULTING ENGINEERS 1~ $Y ~~r~ Mr. Cecil Edmonds and a delegation from the Junior Chamber of Commerce appeared before the Council to request the assistance of the Council in securing traffic control in the City. Mr. Edmonds outlined the developments of the project to date and future plans of the Junior Chamber of Commerce in the matter. Mr. Bill Chapman, member of the Traffic Committee of the Rotary Club and Mr. C. B. Senhaussy President of the Hulbert- West Memphis School District, were also present. Various plans were presented to the Council by those present. After discussion of the matter, the Council advised that the City was in favor of traffic control, however, as representatives of the citizens petitions stating that the majority of the business men along Broadway requested traffic control would have to be presented before any definite action is taken by the Council, and upon presentation of the petitions the City would employ an engineer to study the matter and present the most advantageous plan that could be financed by the City. Mayor Fordyce presented the following letter to the Council: November 26, 1952 Mayor 1Y. B. Fordyce YVest Memphis, Arkansas Dear Mr. Fordyce; Sometime ago the local School Directors adopted a resolution and mailed it to the Mayor requesting that consideration be given to the installation of traffic ligkits at certain dangerous intersections in our city. Our records do not reflect that we received a written acknowledgment of our communication. Recently one of our school buses was involved in an accident at the intersection of Highway 70 and the Hulbert road. Tt so happens that good driving and quick thinking on the part of the school bus driver. prevented a serious accident. This matter was brought up at our regular School Board meeting last night and I have again been requested to write you and ask that you place this matter before the L'ity Council. We would like to urge them to take the necessary action to eliminate the present dangerous situation. Yours very truly, HULBERT-YVEST MEMPHIS 3Cfi00L DISTRICT By /S/ C. B. SENHAUSEN rest en o re Boa CBSsw CC; City Council yyest tiemphis, Ark. Miss Margaret Woolfolk Crittenden County Times YYest Memphis, Arkansas After discussion of the matter, Mayor Fordyce advised that the City was very interested in the matter, acrd members of the Police Department were instructed to assist in the handling of traffic that one officer was assigned to the school and another at the intersection of Highway 70 and Avalon, however, due to emergencies the officers sometimes were unable to be at the designated places. Mayor Fordyce suggested to Mr. Senhausen that the buses be rerouted from Avalon to Rhodes Street as this point was easier to control the traffic. Mayor Fordyce advised the Council of the need for additional space for the various departments of the City, and requested that the matter be studied by the Council. The Building Inspector presented the following building permits he had authorized to be issued, motion was made, passed, and adopted to confirm the actions of the Building Inspector in the issuance of the following permits: David Suggs Dora Phelps Ethel Smith Paul Mosby 1~ Motion was made by Alderman Bollinger and seconded by Alderman Bledsoe to approve, authorize, ratify, an r confirm psyment of the following bills: GENERAL FUND GENERAL FUND Arkansas Paint and Glass Co. ~,1U2.39 John W. Dabney X39.95 Barnett Auto Supply Co. 30.75 ii. Granger 39.95 Bragg Auto Comfarry 1.50 W. Harris 39.95 Broadway Furniture Co. 13.21 A. Wkrite 39.95 Cairns & Brother 142.97 J. Harris 42.30 Carey Eqpt. Co. 10.12 R. Coles 39.95 Charles L. Colby 17.00 G. Hopkins 39.95 Choctaw, Inc. 752.45 E. Lee 39.95 Corprers Sign Service 42.00 R. Alexander 39.95 Crittenden County Times 165.75 J. Williams 39.95 Dacus Lbr. Co. 106.14 H. heed 39.95 Delta Ice Co. 45.90 J. i~cCullar 39.95 W. H. Cushman, Engineer 33.00 J. Franklin 39.95 Bob Duncan 6.00 S• Smith 60.50 Esso Standard Oil Co. 3,346.26 M. Howell 54.50 Farmers SuPP~Y Co. 14.12 P. Rogers 57.50 Griffin and Goe Electric Co. 19.42 A• Turner 44.00 Johnson Auto Co. 73.52 C. Garrett 40.00 Henry A. Johnson 10.20 J. Brown 30.00 Ben Klinke Motor Co. 12.28 E. Arnold 32.73 Julius Lewis 145.45 E. Hudson 42.93 Lewis-Diesel Engine Co. 1.50 R. Guy 39.95 Lion Oil Compar>,y 31.40 T. Y~arren 28.48 PdcCaa Chevrolet Co. 40.27 S• Smith 60.50 Manning Lbr. Co. 56.03 M. Howell 54.50 Mayer lr~jrers Paper Co. 68.23 P. Rogers 57.50 Mills-Morris Co. 39.34 A• Turner 44.00 Mi.d-South Oxygen Co. 7.18 C. Garrett 40.00 Osburn-Abston & Co. 288.92 J. Brown 30.00 Peoples Mercantile & Impl. Co. 8.45 E. Arnold 39.95 Road Builders Eqpt. Co. 3.69 E. Hudson 39.95 Southern Blue print and Supply 12.37 R. Guy 39.95 Spalding Tire Co. 38.76 T. Ylarren 36.55 Thompson-Hayward Chemical Co. 338.10 E. Hale 39.95 West Disinfecting Co. 60.01 J. Dabney 39.95 West Memphis Flower Shop 15.30 H. Granger 39.95 Yrest Memphis Lbr. Co. 2.00 W. Harris 39.95 Wast Memphis Machine Shop 4.10 A. 19hite 39.95 West Memphis Scrap Iron Co. 19.38 J. Harris 42.30 West Memphis Jvnior Chamber R. Coles 39.95 Commerce 265.00 G. Hopkins 28.90 Sarah Y. Smith 60.50 E. Lee 39.95 M. Howell 54.50 R. Alexander 39.95 P. Rogers 57.50 J. Williams 39.95 A• Turner 44.00 ii. Reed 39.95 C. Garrett 40.00 J. D6cCullar 39.95 J. Brown 30.00 J. rranklin 39.95 E. Arnold 39.95 E. Hale 39.95 E. iIudson 39.95 J. Dabner 39.95 T• Ydarren 11.05 H. Granger 39.95 R• Guy 39.95 liV. Harris 39.95 H. Collins 11.05 J. Harris 42.30 E. Hale 39.95 R. Coles 39.95 J. llabner 39.95 G. Hopkins 39.95 H. Granger 39.95 E. fee 39.95 W. Harris 39.95 R• Alexander 39.95 A. White 39.95 J. Y~illiams 39.95 J. iiarris 42.30 H. Reed 39.95 R• Coles 39.95 J. iAcCullar 39.95 G. Hopkins 39.95 J. Franklin 39.95 E• Deer 7.23 A. ~Yhite 11.05 E. Lee 39.95 J. Lewis 21.68 R. Alexander 39.95 S. Smith 60.50 J• Williams 39.95 M. Howell 54.50 H. Reed 39.95 P. Rogers 57.50 J. b;eCullar 39.95 A. Turner 88.00 J. Franklin 21.68 C. Garrett 40.00 F.Reese 121.00 J. Brown 30.OG B. 'Whitten 115.50 E. Arnold 39.95 J. DeRome 115.50 E. Hudson 39.95 C. Duncan 115.50 R• Gt>,y 39.95 J. Owings 100.00 T. Warren 39.95 T. Nichols 100.00 Collector Internal Revenue 575.00 W. Johnson 100.00 W. B. Fordyce 400.00 C. hopper 110.0(: W. Seaton 25.00 B. Ellison 150.00 D. Sackett 25.Uo W. Murphy 165.00 C. Rowton Q~.00 0. Hatton 126.50 J. Bledsoe 25•vo P. George 300.00 C. Foster 25.00 E. Hale 39.95 0. Bollinger 25.00 ..:L ~ ~~-'~_~~ GENERAL FUND - CONTINUPII SEVER REVENUE FbPID -CONTINUED R• Garrison ~25•oG 0. Johnson X23.38 F. Finley 25.00 C. Maddox 75.00 P. Powers 25.00 W. Thomas 47.00 A• Manchester 25.00 A. Murry 46.00 J. Spears 150.00 E. Staten 39.10 E. Rubens 200.00 R. Joiner 39.10 Jean Hillencamp 152.90 S• Smith 46.00 Revs McCall 51.00 0. Johnson 39.10 H. Holland 275.00 C• Pdaddox 75,00 H. Holland-Auto Expense 50.00 C. Tabor 47,00 Bud Holland-Jail Mela 765.45 H. Palmer 44,30 F. Reese 121.00 C. Bond 39.95 B. Whitten 115.50 G. Kellogg 50.00 J. DeRome 115.50 C. Tabor 4700 C. Duncan 115.50 H. Palmer 44.30 C• Hopper 110.00 C. Bond 39.95 E. Beck 25.00 W Thomas 49•u0 J. Owings 110.00 A. Murry 49.00 T. Nichols 110.00 E. Staten 34,00 B. Harris 100.00 R. Joiner 34.00 W. Murphy 165.00 S. Smith 48.00 W. Murphy Auto 50.00 0. Johnson 34.00 0. J. Hatton 126.50 A. Ytlhite 21.25 W. M. Fire Dept. 707.00 C• tiaddox 75.00 Mrs. M. Currie 35.00 J. galley 495.00 G. Kietzman 330.00 Sewer Revenue Bond Fund 2,000.00 J. Yyright 330.00 Collector Internal Rev. 77.30 C. Bond, Jr. 350.00 T. Stacy 30.00 Choctaw, Inc. 500.00 SEY~ER REVENUE FUND STREET IMF~tOVEMENT FUND Governor Kellogg $95.00 Hollis Construction Co. 9'v467.75 C• Tabor 47.00 Cross County Gravel Co. 1,159.32 H. Palmer 44.30 Missouri pacific RR 41.06 C. Bond 39.95 Lehman-Roberta Co. 2.02 W. Thomas 50.50 A. Murry 5G•50 E• Staten 42.93 R. Joiner 42.93 SEiY~t REVENUE BOND FUND S• Smith 50.50 C• Maddox 75.00 Union Planters Bank & A. Heagler 400.00 Trust Co. X6,402.70 C. Tabor 47.00 H. Palmer 44.30 C. Bond 39.95 4Y. Thomas 42.00 FIRFS.fEP1~S PENSION & RELIEF PIIJND A• Murry 42.00 E• Staten 35.70 T• H. PdcGough X50.00 R. Joiner 35.70 S. Smith 42.00 Upon the matter being called to vote, the following voted; Aye: Bledsoe, Bollinger, Finley, Foster, Manchester, Powers, and Rowton. Nays None. No further business appearing before the Council, the meeting was adjourned. i ~~~ ~~1~ ee YOR ATTEST: -___ . n-y ~~ APPROVED; DECEMBER 16, 1952