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July 19, 1955
aE~ ~ ,~ MINUTES OF A REGULAR MEETING OF THE CITY COUNCIT, OF TiiE CITY OF WEST PIEMPHIS, ARKAP7SAS, FGID AND HEIaD ON JULY 19, 1955.. The Co~zncil. of the City of West Plemphis met in a regular session at the City Hall in said. City at 7:30 F.M. en the 19th day of July, 1955. The meeting was called to order by the Mayor, and upon roll call there were: Present: Playor H. B. Frice presiding and the following Aldermen: James Ble;~oe, Bob Eden, Freeman Finley, Curtis Foster, A, R. Manchester, P. B. Powers, and R. H. Ray, Jr.; City Attorney Atlee Harris and City Clerk J. E. Himes. Absent: Alderman 0, I. Bollinger It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Cotmcil Meetings on Ju7.y 5th and 13th were read and approved. Mayor Frice announced the first order of business would be consideration of a Resolution requesting approval of rates to be charged for dial telephone service in West Plemphis by Southwestern Bell Telephone Company inasmuch as the Southwestern Bell Telephone Company is ready to proceed with installation of a dial system whereby West Afemphis telephone subscribers could dial Plemphis, Tennessee, and there will. be no long distance toll charges, and also dial directly to other cities in Ar}:ansas, who have a similar system, The egixal.ization of telephone rates within the West Memphis City Limits was discussed with Pir. V. B. 4darr, Jonesboro District Manager and Mr. R. N. Moore, Blytheville District Manager, who informed the Council a petition will be submitted by the Southwestern Bell Telephone Company to the Public Service Commission at Little Roc}: requesting approval. of base rate charge in five subdivision now a part of West Memphis. t~}ayor Price informed the Council any person opposing the proposed resolution might file objections with the Arkansas Public Service Commission within 30 days. After discussion of the resolution and other matters of operation and service, charges, etc. of Southwestern Bell Telephone Company, the following resolution was introduced by Alderman Planchester, who moved its adoption. The motion was seconded by Alderman Eden, and upon ro7.l call vote the voting wa.s as follows: Yeas: A7.dex•men: Bledsoe. Eden, Fin7.ey, Foster, Manchester, Powers, and Ray. Nays: None. RE50LUTION No. 172 A Resolution entitled "A Resolution Requesting Approval of the Rates to be Charged for Telephone Service at West Plemphis, Arkansas, the Service to be Rendered and for Other Purposes." BE IT RESOLVED BY THE CITY COUP}CII~ OF THE CITY OF WEST MEMPHIS AS FOLTOW5: Whereas, West Memphis has a need for dial telephone service and has requested it from Southwestern Bell Telephone Company; and Whereas, Southwestern Bell Telephone Company is willing to proceed with a dial conversion pro3ect which will give the City of West Plemphis the most modern and latest type of dial equiipment and which will permit direct dialing o all customers in West Memphis and Plemphis without payment of long distance charges. It would also permit direct long distance dialing to many other places in Arkansas and in other states; and Whereas, the phenomenal. growth of }'Jest Plemphis creates a need for the most advanced and extended type of telephone communication service; and Whereas, the rendering of such telephone sex•vice involving extended area free interchange of calls and the conversion of the West Memphis exchange from manual to dial operation will. require a very substantial investment upon the part of the Southwestern Bell Telephone Company and Southwern Bell Telephone and Telegraph Company and also a considerable increase iax their expenses of operation; and Whex•eas, such investment cannot be made and such expenses cannot be incurred at the telephone exchange rates now being charged in 47est Plemphis: NOW THEREFORE BE IT RE.SOI,VEi); That the Arkansas Public Service Commission be requested to permit schedules of increased rates to become effective thirty days after their filing under the provisions of Arkansas Statutes 73-217 (a) provided that the schedules operate to keep in effect present rates until the West Memphis operation is converted from manual to dial. The rates to be charged upon conversion to dial operation are: Flat Rate Business One Party ;16.50 Measured Rate Business One Faz•ty 9.25 Semi-Public One Party 12.00 Flat Rate Residence One Party 6.70 n n n Two Party 5. it0 " " " Four Party 1t.3O Business Rural 9.25 Residence Rural. lG.65 'lfie following Petition was presented by Attorney C. B, dance, Jr.: TO: THE clT~t couNCn. of w>/sT r~;r~Pxls, WEST AIGMPHIS, ARKANSAS P E T I T I O N WE, THE UNDk~tSIGNETI, being the owners of all the lots and lands abutting on portions of the following described Streets and Alleys according to a plat of the Wheeler Subdivision to the City of West Memphis, as shaven by a plat of said Subdivision prepared by C. H. Bond, Civil Engineer, and recorded in Plat Book 1 at Pages 264 and 265 of the Records in the office of the Circuit Court Clerk and Ex-Officio Recorder in and for Crittenden County, Arkansas, as follows: That portion of Ninteenth Street which portion extends from the North Line of Wheeler Avenue to the City Limits of the City of West Memphis, and lies immediately West of Blocks 6 and 9 of the GTheeler Subdivision to the City of West P~7emphis, and immediately East of Blocks 7 and 8 of the ?Jheeler Subdivision to the City of West Y~emphis, as shown by plat of said Subdivision prepared by C. H. Bond, Civil Engineer, and recorded in Plat Book 1 at Pages 2b4 and 265 of the Records in the Office of the Circuit Court Clerk and Ex-off icio Recorder in and for Crittenden County, Arkansas; That portion of Twentieth Street which portion extends from the North Line of YTheeler Avenue to the City Limits of the City of West Memphis, and lies immediately West of Blocks 5 and 10 of the Wheeler Subdivision to the City o£ uTest Memphis, and immediately East of Blocks 6 and 9 cif the 4Theeler Subdivision to the City of bleat Mempkiis, as shown by plat of said Subdivision prepared by C. H. Bond, Civil Engineer, and recorded in Plat Bonk 1 at Pages 261+ and 265 of the Records in the Office of the Circuit Court Clerk and rx-officio Recorder in and for Crittenden County, Arkansas; That portion of 24~renty-Third Street which portion extends from the North Line of Goodwin Avenue to the South Lina of Thomas Avenue, and lies immediately West of Blocks 3, 12 and 16 of the Wheeler Subdivision to the City of West P4emphs, and immediately East of Blocks !~, 11. and 7.7 of the Wheeler Subdivision to the City of West Memphis, as shown by plat of said Subdivision prepared by C, H. Bond, Civil Engineer, and recorded in Plat Book 1 at Pages 264 and 265 of the Records in the Office of the Circuit Court Clerk and Ex-officio Recorder in and for Crittenden County, Arkansas; That portion of Twenty-Fourth Street which portion extends from the North Line of Goodwin Avenue to the South Line of Thomas Avenue and lies immediately West of Bloch 2, 13 and 15 of the Wheeler Subdivision to the City of West Memphis, and immediately East of Blocks 3, 12 and 16 of the ?Jheeler Subdivision to the City of ?'Jest Memphis, as shown by plat of said Subdivision prepared by C, H, Bond, Civil Engineer, and recorded in Plat Book l at pages 264 and 265 of the Records in the Office of the Circuit Court Clerk and Ex-officio Recorder in and for Crittenden County, Arkansas; That portion of Parkway Street irlu.ch portion extends from the North line of Goodwin Avenue to the South line of i'homas Avenue and lies immediately West of Blocks 1 and 11i of the Wheeler Subdivision to the City of West PSemphis, and immediately East of Blocks 2, 13 and 15 of the ?Jheeler Subdivision to the City of ?Test I~iemphis, as shown by plat of said Subdivi.si.on prepared by C. H. Bond, Civil Engineer, and reca~•lled in Plat Book .l at Pages 264 and 265 of the Records in the Office of the Circuit Court Cleric and Ex-officio Recorder in and for Crittenden County, Arkansas; That portion of Thomas Avenue trhich portion extends from the 4Test Lina of Ingram Boulevard to the City Limits which is the East Side of Eighteenth Street, and .lies immediately rdorth of Blocks 5, 6 and 7, of the Wheeler Subdivision to the City of Jest I~lemphis, and imme~Piately South of Blocl: 21 of the ?~IYceeler Subdivision to the City of West ]Memphis, as shaven by plat of said Subdivision prepared by C. ii. Bond, Civil Engineer,. and recorded in Plat Boolc 1 at Pages 264 and 265 of the Records in the Office of the Circuit Court Clerk and Ex-officio Iecorder in and for Crittenden CowYty, Arkansas; That A1].ey extending from Eighteenth Street to the blast side of Ingram Boulevard through Blocks 8, 9 and 10; of the ?Wheeler Subdivision to the City of ?lest Memphis,. as shown by plat of said Subdivision prepared by C. H. Bond, Civil Engineer, and recorded in Plat Book 1 at Pages 26l~ and 265 of the Records in the Office of the Circuit Court Cleric and Ex-officio Recorder in and for Crittenden County, Arkansas; That Alley extending from the East side of Ingram Boulevard to the West side of Parkway Street through Blocks 11, 1.2 and 13 of the Wheeler Subdivision to the City of 4Test Memphis, as shown by plat of said Subdivision prepared by C, H. Bond, Civil Engineer, and recorded in k~lat Boolc 1 at pages 264 and 265 of the Records in the Office of the Circuit Court Cleric and F.x-officio Recorder in and for Crittenden County, Arkansas; That Alley extending from the 'vTest side of Parlnaay Street through Blocks 2, 3 and l~ to the East side of Ingram Boulevard, oP the ?dheeler Subdivision to the City of blast Memphis, as shown by plat of said Subdivision prepared by C. H. Bond, Civil Engineer, and recorded in Plat Book 1 eta pages 264 and 265 of the Records in the ii Office of the Gircuit Court Clerk and Ex-officio Recorder in and for Crittenden ,, County, Arkansas; \L '! l i ~~ 1f.~ .~..f,~ That Alley extending from the West side of Ingram Boulevard through Blocks 5 and 6 to the East side of Ninteenth Street, of the I^1}zeeler Subdivision to the City of West Memphis, as shown by plat of said Subdivision prepared by C, II, Bond, Civil Engineer, and recorded in Flat Book 1 at pages 261 and 265 of the Records in the Office of the Cisczzit Court Clerk and Ex-officio Recorder in and for Crittenden Coutzty, Arkansas; and That Alley extending from the West side o.f Parkway Street thought Blocks 15, 16 anal 7.7, to the East side of Ingram Boulevard, of the Wheeler Subdivision to the City of West Memphis, as shown by plat of. said Subdivision prepared by C. H. Bond, Civil Engineer, and recorded in Flat Book 1 at Pages 264 and 265 of the Records in the Office of the Circuit Court Clerk and Ex-officio Recorder in and for Crittenden County, Arkansas, do hereby request and petition that the above described portions of said Streets and Alleys be permanently closed. We further state and represent that said Streets and Alleys are unimproved and that at no time, either before or after the filing of said plat; that said Streets and Alleys have been used by the public in any manner, and that said. Streets and Alleys have not been used by the general. public for more than a period of 5 years. Petitioners furt}ier state that the plat attached hereto and made a part of this petition by reference thereto is that portion of said plat prepared by C, H, Bond, Civil Engineer, and appearing of record in Plat Book 1 at Pages 2~:~l; and 265 of the Records of Crittenden County, Arkansas, and is a true and correct copy of that part of the original plat affecting the lands and the portions of the streets and alleys herein sought to be closed; that to the best of their knowledge and information, said plat has not been 2~nended and correctly reflects the location of the portions of the streets and alleys sought to be closed. Petitioners further state and specifically allege, in conformity with the statutes applicable hereto, that said streets and alleys have not been actually used by the public as stz•eets or alleys for a period of more than five (5) yeaz-s next preceding this date, W}}IIZEFORE, Petitioners request that this Council pass a Resolution authorizing the City Clez•ic to publish a notice in some newspaper having a general circulation in the City of West Memphis specifying a date for a hearing hereon and notifying any and all persons interested to appear atzd make im own their objections, if any, and if it be determined that it is to the best interest of the petitioners herein and the public generally, that the above described portions of said streets and alleys be closed. J. F. Wheeler C, V, Goodwin Maggie Sue Goodvrin C. H. Bond, Jr. Patricia G. Bond W, ?), Bond Esther Ruth J. Bond A, T~~r, Oliver Van H. Oliver 4J, S. Danner Lois Td. Danner A, C, Ola_ver Virginia T, Oliver W. K. Ingram Magalen Ingram Rowena Bond Stuckey C. H, Bond Rowena D. Bond A. J. Thomas Evelyn W, Thomas Baylus B. Quackenboss by C. H. Bond, Attorney in Fact Marion Thomas Victoria T. Thomas Thomas Jessie Taylor Piattie 0. Taylor After discussion of the Petition and the proposed replat of Wheeler Subdivision, motion eras mach by Alderman Bledsoe and seconded by Alderman Foster: That the City Clerk be authorized to have Notice published for hearing on vacating of streets as requested by the Petitioners, and date of hearing be set for 7:30 P,M. August 16, 1°55. Upon vote, the voting was as follows: Yeas: Aldermen: Bledsoe, Eden, Finley, Foster, Tlanchester, Powers, Ray, I•Iays : }done . Player Price informed the Council request ]zaci been made by developers of Avondale Gardens for zoning as Comru:rci.al the following described pz•operty: The fractional North half (Fr1.N~) of the Southeast Quarter (SEA) of Section Otte (1), 7trmship Six (6) North, Range Eight (8) East, lying East of the center line of Avalon Street extended Plorth from its point of intersection with the South line of the Tdorth Half (Nry) of the Southeast l}uarter (SEA) of Section One (1) in Crittenden County, Arkansas, as a D Connnercial District, ~t After discussion, motion was made by Alderman Ray and seconded by Alderman Finley: !' That the City Clerk be authorized to hive Notice published for hearing on zoning '~ said property, and date of hearing be set for 7:30 Y.M. August 16, 1955• Upon vote the voting Baas as follows: Yeas: Aldermen: Bledsoe, Eden, Finley, Foster, Manchester, Pozaers, Ray. Nays: None. i An ordinance entitled "An Ordinance Placing the Territory Heretofore Known As Hulbert, And More Particularly Described Herein In L7ard Two Of The City Of West Memphis, Arlcansas° was read the third time by Alderman Ray, who moved that the ordinance as read be adopted, This motion was duly seconded by Aldeifinan Powers, and on the roll being called the voting was as follows: Yeas: Aldermen Bledsoe, Eden, Finley, Foster, I°ranchester, Powers, Ray. Nays: None, The Mayor then declared that the ordinance 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, ORDINANCE N0. AN ORDII7t1IdCE PLACING THE TERRITORY ~+ ~ TOFORE IcNOWid AS IIULBERT, AND BORE PARTICULARLY DESCRIBED HERETI7, IDI WARD TWO OF THE CITY OF l^JEST PTEMPHIS, ARKANSAS. 47FIl3REAS, the following described territory has been annexed to the City of Y7est I4empkiis, Arkansas, to-wit: Beginning at the center of Section Thirteen (13), Totanship Six (6) North, Ran e E~. ht 8) East; ti nce Ea$t 26110 £e t the q arter- action corners 04 ~ect~gn hir~eyen (~~ and Eighteen (l~~ ~lienc S~~uth 2~~0 feet ~o th~ T r h i h of-w line of the R4 k Islan l~ailro hence n a NNor hens rly ~~.r~ct~on ~irection along the said right-of-way 1 n~ 1360 feet; thence i.n a Southeasterly direction at a right angle 380 feet; thence at a right angle in a Northeasterly direction 1150 feet to the city limits of West Memphis; thence in a Southerly direction 11110 feet to the P7or•th line of the rightofway of the Memphis to Marianna branch of the Piissouri Pacific Railroad; thence in a Southwesterly direction along the North line of the said railroad right-of-way 4460 feet to the intersection of the North line of the South Half of the South Half of the North Half {S2 Sz P7~-) of Section Twenty-four (2L1); thenco West along said line 11000 feet to the section line between Sections Twenty-three (23) and Twenty-four (2L1)j thence North 1980 feet to the Southwest corner of said Section Thirteen (13); thence East 26110 feet to the quarter-section corner of Sections Thirteen (13} and Twenty-four (21.1); thence Ilorth 26!10 feet to tho point of beginning, and WHIN.IsAS, it is necessary that this territory be placed in a Ward of the City of F7est Plemphis, Arkansas, TIt~2TF0~n, BE IT ORDAINsD BY THE CTTY COUNCIL OF TIC CITY OF WEST I•Ih~IPHIS, ARKANSAS: SECTTOP7 1. That the following described territory lying and being situate in West ilemphis, Crittenden County, Arkansas, to-wit: Beginning at the center of Section Thirteen (13), Township Six (6) North, Range Eight (8) I'sast; thence East 26110 feet to the quarter-section corners of Sections Thirteen (13) and Eighteen (18 ); thence South 2220 feet to the idor h fighgtt of- ay 1. a of the $ clc I lland Rai. qad; th n a n I7orth- 6as~er~1~ dipec#~~ori ng the sai~ rig~it-of wa ~ine x,366 ~e~~~ henn a in a ou hea terrry ec ion at a right angle 380 ~eet; thence a rign~ angle in a Northeasterly direction 1150 feet to the city hmi.ts of West I?emphis; thence in a Southerly direction 11110 feet to the North line of the right•.of-way of the ilemphis to P~Iarianna branch of the Missouri Pacific Railroad; thence in a South- westerly direction along the P7orth line of the said railroad right-o€way 11L160 feet to the intersection of the North line of the South Half of'the South Half of the North Half (S~-, 52 H1-) of Section Tirenty-four (211); thenco West along said line 11000 feet to the section line between Sections Twenty-three (23) and Twenty-four (21.1); thence I7orth 1980 feat to the Southwest Corner of said Section Thirteen (13); thence East 26110 feet to the quarter-section corner of Sections Thirteen (13) and Twenty-four (211); thence North 26110 feet to the point of beginning. Be, and the same is hereby made a part of Y7ard Taro of the City of Tv7est Memphis, Ar]<an s as . An ordinance entitled "An Ordinance To one The George T. Kendal fifth Addition To The City (.f West Memphis" was read the first time, Alderman Manchester moved the first reading be approved, the motion was seconded by Alderman Bledsoe, and upon the matter being called to vote, the voting was as follows: Yeas: Aldermen: Bledsoe, Eden, Finley, Foster, Manchester, Foyers, and Itay, IJays : Done , 5k~~ Mayor Price informed the Council the follor~ring estimates had been presented for approval and payment: Frank H. I:eo I:arnar Rodgers Fool Est, 6 ~;?20,311.92 Frank. H. Lee hTozrder High Poel Est. 3 9, 882.63 Goe Electric Fire Station Est, 5 1,238.28 W,D,R, Construction Fire Station Est. 4 19,181.1.6 L. E. Sanders Fire Station Est. 1 2,930,58 After discussion, motion was made by A1derRnan Fot-rers and seconded by Alderman Eden: That thecstimates as presented be approved and the Mayor and City Clerk be authorized to issue chec'cs for payment. Uron the matter being ca7.led to vote, the voting was as follows: Yeas: Aldermen: Bledsoe, Eden, Finley, Foster. T~?anchester, Forcers, and Ray. Plays : Idone . Report of Building Applications from June 27, 1.y55 to July 19, 1955, eras presented: A, K. Smith Realty Sales and. Development C. Jaud°n E, E, Sherrill. Foodeteri-a Delta Case Co. Herman Spears I., E. Roberts S. C, Kelly Cleo Niilozr ~T, P?, Shyks 47i11ie Ilae I3urlce Bethel.ehm Baptist Church FTest Memphis Lumber Co, F. B. Poirers Norman L. Spicer Pins. Rebie rnlillis P4anning Dumber Co. Iss. D, S, T?cWi71 loans Athen Flurry T. A, YTa.llrer Dr. Bedford Smitdl A. L, II'zmrnett Robert Turner I~.atie ITarris Robinson C'o, Inc. -5 Russell. Fryor Bessie 6dil7.i_ams 4Test .Memphis Utility 6•Test I?emphis Flower Shop Wa.llter Realty Co, 5 I~lotion was made by Alderman Bledsoe and seconded by A7derrran Tianchester: That report of the Building Inspector be approved. Upon the matter being ca7.7.ed to vote the voting was as follows: , Yeas: Aldermen: Bledsoe, 1?den, Finley, Foster, Il.~rzchester. Foirers, and Ray, Nays: None, Player Price requested the Council. to consider the changing of Council Pleetings from night meetin s to day meetings. After discussion and deliberation it was the unanimous o anion of t e CC unp 1 t#at 'Ehhe me ti~z be h, d at 3:00 F PI on t$e 1st and 3rd Thin' days o~ ea.c~i mont x ef~ect~ve September ~, 1~~55 City Attorney tt~ee Iiarx•is was requested to have Tlotice of change of meeting time pnfilished., Tlayor Trice informed the Council. the Utility Commission is contemplating the i.ssuanco of Certificates of Indebtedness in the amount of d 50, 000 and requested that the Courzci7. adjouxn subject to ca7.1 for action en the matter. Thereupon, motion was made b3* Alderman :Bledsoe and seconded by Alderman Towers: That the Courrc~.l. be adjourned subject to call by the I?ayor. Upon the matter being, ra7.led to vote, the voting was as fo1.7.ows: 3'©as: Aldermen; Bledsoe, Eden, Finley, -Foster, Tanchesi;er, Foi-rers, and Ray. ~~ ~ Plays : None . E'1 iU .t~~.~. r (^ / 'i' {~` ~~--Sec _ T IA YOR ATTEST: (;l'(~ s ~T/,: ~101•(i- <~' ~ A ~ CITY CLGIRK AFPROVI;D: AiTGUST 2. 1955