Loading...
August 16, 1955I111dUTES GF A REGULAR I•il3ETING OF' 'THL CITY COUNCIL OF THE CITY Or' WEST MLl'IPIIIS, ARItANSAS, HAD APdD H±:LD OPT AUGUa"T.16, 1955. _. _. _ _ _._. _ ~~ _ _ ,, _ _ _ _ The Counci7_ of the City of Ldest Plemphis met in a regular session at the City Hall in said City at 7:30 F.P4. on the 16th day of August, 1955. The meeting was called to order by the Mayor, and upon roll call there were: Present: Mayor H. B. Price presiding and the following Aldermen: James Bledsoe, 0. I. Bollinger, Bob Eden, I~~eeman Finley, Curtis Foster, A. R. Panchester, P. B, Powers, and R. H. Ray, Jr.; and City Attorney Atlee Harris. Absent: City Clerk J. E. Himes. 1. It being determined a quroum was present, the following proceedings were had to-wit: Minutes of Council Meetings on Atagust 2, 1955, were read, and Mayor Price brought to the Councils attention that some of the citizens of West PTemphis are of the opinion the City is constructing the addition to Ingram Boulevard ATorth of Highway 61 By-Pass to Southland Race Traclc, and the following insertion should be made in the minutes pertaining to the construction of the Boulevard: That the construction of Ingram Boulevard Ilorth of Highway 61 By-Pass to Southland Race Track be at the expense of Southland Racing Corporation. The minutes were approved upon the insertion being made. Attorney Edward J. Rubens presented a correction Plat of I.~ots 2, 3, ~, 5, ~, Block 1B Re-Plat of S~ Blocl: lfl Wheeler Subdivision, said correction plat reducing the width of the lots one foot in order that 20th Street be made a 60 foot street as platted. After discussion, motion was made by Alderman Bledsoe and seconded by Alderman Manchester: That the Correction Plat of Lots 2, 3, L~, 5, 5, Block 1f3, Re-Plat of Sw- Bloclc 18, ~rJheeler Subdivision be approved. Upon the matter being called to vote, the voting was as follotas: Yeas: Aldermen: Bledsoe, Bollinger, Eden, Finley, Foster, Panchester, Potrers, and Ftay Nays: Tdone. PTr. J. C. Johnson, Developer of Pearce-Avalon Subdivision and Mr. 6dm. T. Colloredo Planning Consultat of P~emphis, Tennessee were present, and presented a plat of the Pearce-Avalon Subdivison; said Plat having been approved by the Planning Commission on August 11th subject to approval of City Engineer. City Engineer James PT. Howell advised the Council the plat met with requirements for Utility Easements and street widths. After discussion, motion was made by Alderman Bollinger and seconded by Alderman Bledsoe: That the Plat of Pearce-Avalon Subdivision lying in the E1 Eu- of the SW1 Section 12, T-6-N, R-B-E be approved. Upon the matter being ca7_led to vote, the voting was as follows: Yeas: Aldermen: Bledsoe, Bollinger, Eden, Finley, Foster, Manchester, Towers, and Ray. Nays: None, Piayor Price informed the Council. the Planning Commission had changed their time of meeting from 7:30 F.M. to 5:00 P.P1, on the 2nd Thursday of each month, and desired approval of the Council. After discussion, motion was made by Alderman Planchester and seconded by Alderman Ray: That the change of meeting time of the Planning Commission be approved. The voting was as follows: Yeas: Aldermen: Bledsoe, Bollinger, Eden, Finley, Foster, P•lanchester, Powers, and Ray. Plays : None . Mayor Price announced that the next order of business would be a hearing on vacating of streets and alleys in Wheeler Subdivision as per Pdotice published on July 29th and August 5th in the Crittenden County Times. No one appearing to object to the vacating of said streets and alleys an ordinance was introduced and read in full by Alderman Bollinger. Alderman Bledsoe then moved that the rule requiring the reading in ful7_ of an ordinance on three different days be dispensed with. The motion was seconded by Alderman Manchester, and on the rol..l being called the voting was as follows: Yeas: Aldermen: Bledsoe. Bollinger, Eden, Finley, Foster. Manchester, Powers, and Ray. Nays: None. .The Piayor declared that more than two-thirds of the members composing the Council had voted in favor of the motion to suspended the rule and that it was carried. Alderman Ray then moved that the ordinance as read be adopted. This motion was duly seconded by P.lderman Potaers, and on the roll being ca7.led the voting was as follows: Yeas: Aldermen: Bledsoe, Bollinger, Eden, Finley, Foster, Manchester, Pot~aers, and Ray. PTa~rs : I1one . The Piayor 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 effective. Alderman Eden then read Section 3 again. Alderman Foster moved that Section 3 be adopted. This motion was duly seconded by Alderman Finley, and on roll call the following voted: Yeas: Aldermen: Bledsoe.. Bo11.inCer, :den, Finley, Foster, Panchester, Potrers, and Ray. Nays: None. 7'~ ~; `L'he l~ia}ror then declare + that the ordinance and i;}re emerc;encv seat.; nn ha.d ~,wr .',•1-- gassed, snot thereupon he si.grted t?te crdirtanc~ in ocean ~AUncil meeting, and the ordinance was numbered. 1•Io, ~i05. a CI?T?INI~JCE P~10. 30~ ?JIl]R1sAS, a petition was duly filed with the (:ity Crnanc.l of the City 0f West Iemphis on July 1.~, 1.955, asking: the City Council. to vacate. and abandon the fn11o-ring sireet•s and alleys: 'That portion of Nineteenth Street which port,icn extends from the }forth Line of ?~izeel.0r 1!venue t0 the City him3.ta of the City of west b7emphi_;;, and, lies i_nmtediat.ely 4dest 0f Blorb-s 6 and. ~ of the ?•ltzeel.er `luhdivisi_vn to the ~rt~r of ~Je,^, t- ~cntld_i.s, rmd immodi_atr'ly l~,ast of Flocla 7 and ~ of i.he. ~,lhc~,ler ~uhrN vlsznn to t•he r z ty of ~Jest~ : c ~~hhi s as shown bz~ pl~.t, of sat r9 >~ubdi_v~i.sion ~repax•erl by C H, Bond, Civil Ennineer, azxd recorded in T']ai: Baok 1 at Pages 2bll and 265 of the i'ccords in the Offic? of the circuit Crn.zrt C7.er•- and rx-officio Recorder in and for Cry-ttenden t'ounty, ArLansae; 'Chat; portion o:f 'ltrc~mtieth Street which par•ti_on e:~±.en1s fr. am the North Line of i~Ikreeler Aventte to the City Limits oI' the Cits of ?Nest, Iiemphi.s, anri 1_i.es inunedi.atel~r 'vJest of k?loc',s and 10 of the ia'heeler Subdivision tv t}rn r,it* vi bJes+. Iiemphis and i_miediat.ely is as t, of 111oca 6 and ^ of the ~,•1}t0rrlrar 3ttbd:i_vtsi_cn ±'.o the City of `,~le.,t 1 emphi.s, as shown by pl.a.t of said Suhclivisi.on pxepared by C. II. Bond "i.v_i.7 Fnryi.neer', any? recarded i_n Plat Boot. 1 ~t Fages ~6}_t anal 265 of the Records in t11e Office 0f the Circuit Court Cl.exlr and ]s_off.icio Recorder :i.n and for Crittenden County, Arkansas; That po.rt_i en of `i'taenty-l.'h.ird Street Urhich portion extent}s from the Plorth T,i.ne of Gocdwi_n Avenue tv the South Line of Thomas Avemze, and lies i.ntiaediately blest of Bl.oeks 3, 12 an3 1.6 o.f the ~'•}tleeler Szthdivisi.vn to th.e City of GJest 1°lemphi.s, end imnodiat~ly fsast of Bl_oclcs la, 11_ an~:~_ 1.7 of the ~d}xeel.er Szthc9ivisi0n to tl?-_~ Ci.i,y oe i~Jest Prmphis. as shoi•m by plat of said Subcli.vsi.0n prepared by C. H. Pond, Ci.v7l ~;ngineer and recorded in T lai; Boo'c 1 at Fages 26!( snot 26~ of l"-he records in the Offioe of tl:re Circuit Cvru•t C]-ert~ at~d ,x-officio Recorder in and for Cri_ttenlen Coun~t~r, Arl-a.nsas; That; pcx•tinn i'f Tor°nty-Fourth Street vrhich port:}.on extends from the Ncrt,h Trine o'i C,oo~han Avcnnzc t,o [het .Snui;h hire of Thornas Avenue and li-es immediately hTest 0f BJ_ocls 2, 13, arn9 15 ei' t1,.~ '~~]}xe~lr~r Subdivision t~0 the City of Widest ilemph:i.s, and immodiateay East of Blocks 3. 1?. atrd. lF o.P i;Ytc: ?Jheeler Subdivision to the City of GJest Memphis, as shown b~,r plat of said Subrli vi_si on prepared by C, H. Bond, Civil Engineer, and recorded. in Flat Rook 1 at Fa.gOS 26la anri 265 of t}tc~ records in the Office e.f the Circuit Court Cleric on ? :~;x-off i-cio R.ecar•der in and for Grittende,n Cotvtty, Arkansas; That, portion o.t Farlcway Street which porn 0n e;_ten,ls from the Ilor. th line 0f Corrltr.in Avenue to the South line of. Thomas avenue arol lies i mru•di ately ?Jest of Pl ocL• t and. 1!i 0f the ?Jheeler Subdi.visivn 'to the City of West i9amphis, and immediately cast of Blocks ?_, .L3 and. 15 of the ?~dlieeler Suhdivi.sion to the !pity 0f '.°Jest 1`emphi;r, as shvcm by plat of said Sub-}i.visi0n prepared by- C. IT, Bond, Civil Ts'ngi.noer. an :} trc:orded in Plat Book 7. a.t Fage, 2LIi and 265 of the Records in -the !}ffiae of the Cir.cui.t Court Clerk and >ax-cffici.0 Recorder i_n and for Cr.•a..ttend.F.n l',0unty. Arkansas; That portion of Thomas .:1venue which. poi°ti_an extern?s from the blest Tine o.f Ingram Bvulovard to t}te City I,imi.ts whi.c!~ is the East Side of Eighteenth `street, arul lies i.mmedi.ately T•lcrth o.f Bl_ocks 5, 6 and 7, of the 6Jheel_cr Srrbdiv.'rsion to the City of rrJest l~lemphi-s, and ic,n~ned~iataly `youth r>f Bl.ocl: 21 of t}xe ?-~~lheeler Subdivision to the City of Jest liemphi_s, as shor,m. by pls.+, of sa;d, Subd:ivi.r,ion prepared by C. II, Bonil, Civil h;ngineor, and reeorr9.ed in Fl..a~t NooiG ]_ at Fages 25lt and. ?_65 of the Records itl t•he Of .fi.ce of the Circuit Court Clerk and •,x-offi.ci0 Recordex• in and f'or Cr:i tt.0nclen Coztnty, Ari •~nsas; That Alley ext0n~9inC from i~:ighteenth Stx•eet to 'the i~~Test side of Inpra~n Boulevard t}~trough Bl.oc'rs ~?, 9 and. l_(l; of the 'i•Jl~aetcx Subdi_v?_sion to tltc Ci+,y of 1Jest I?emph:is, as shot,•xx by plat of said Subdivision prepared by C. H, Bond, Civil ! nFrineer. , anal recordefl in 11at }3ook _l at Pages ?C!r and 2C,5 of the Record,: _n the Office o.: the Circuit Covrt C1.erk and F1x_officio Recorder in ,and for Critterr9en County, .Arl~a.nsas; That Alley extondi.ng from the i~,ast side cif Inr_rasr Aoul.evard to the :lest si Sao v.[' Carl tray Street thront;h D1oc}ss l.l, 1.2 and 13 o:f the l~Jhaeler Su.bdivisi.ort to the City of ?rTest I°"emphis, as show[[ by plat of eai.d Su.bd.~ri-siotx prepared by C. II. Bond. Civil. Enginoer, and x•ec0r,led in 1"la.t Boot 1 at Pages 26l4 ant ?6K of the Recvx•ds in the Office of the Circuit COUrt Clerk. and Ex- 0ff:i_ci..o Recorder in and for Crittenden County. Arkansas; That Alley extending rom the GJest side of Parknay Street tYiz•ough Bl_ocL-s 2, 3 and !t to the I~~ast side of Ingram Bottl.evard, of the crJlteeler O~ubd:i_visien to the City o:E' 1'Jest Memphis, as sho~m by Flat aE' sai.d Subdi vision prepared by C, H, Bond; C.i ~~il F,ngineer, and recorded in Plat 13001: 1_ at Faf;es 2b1G and 265 of the Records i.n the Office of the Circuit Court Clerl: and fx-0f fi-cio Recorder in and for Cri-ttenden County, Arl-ansas; That A.l_ley extending from the GJest side of I:ngraan Boul.evax•d thrrnrg}x B1_or,!%s 5 and 6 to the l~,ast side ci' iti.netcenth Street, of the bJheeler Subdivisi.0n tv the City of [Jest Ftemphis, as whon bti* plat 0f sa9.d Subdi.v-i.sion prepared by C, fl, BOnI, Civil. 1?,ngitxeer, am}. recorded i.n Flat Book 1 at Pages 2Gl1 and 265 of the Records itx the Office of the Circuit Court Clez•k and F,x-offici.o Recorder in and fox• Crittenden County, Ar'~ansas; and 57 17 That Alley extending from the West side of Parkway Street through Blocks 1S, 16 and 17, to the East sir_le of Ingram Boulevard, of the Wheeler Subdivision to the City of West T•iemphis. as shown by plat of said. Subdivision prepared by C. H, Bond, Civil Engineer, and recorded i.n Plat Boot. 1 at Pages 261 and 265 of the Records in the Office of the Circuit Court Clerk and E:>_officio Recorder in and for Crittenden County, Arkansas. WfIe,REA5, after due notices as regtri.red by law, the Council. has, at the time and place menti_nnecl in the notices. heard all persons desiring to be heard on the question and has ascertained that the streets and alleys as hereinbefore described., have hereto- fore been dedicated to the public use as streets and alleys herein described; that said streets and alleys a•e unimproved and have not been actul].ay used by the public generally for a period o' at least five (5) years preceding this date; that all of the owners of the property abutting upon the portion of the streets and alleys to be vacated have filed with the Council their written consent to such abandonment; and that public ini;erest and welfare wi7.1. not be adversely affected by the abandonment of such streets and alleys. NOGd, TfiLREFORE, BE IT ORDA]lIE]) BY THE CITY COIIPICTI~ OF TFLaI CITY OF WEST TiF.hiPHIS, ARKANSAS: SECTION I. The City o.f 49est Memphis hereby released, vacated, and abanons all its rights, together with the right of the public in general, in and to the following streets and alleys: That Fortion of Nineteenth ~~treet which portion extends from the North Line of Wheeler Avenue to the City T,i.mi.ts of the City of West T~lemphis, and lies immeditely West of Blocks 6 and 9 of the Fkxeeler Subdivision to the City of 4dest b4emphis, and immediately East o.f Blocks 7 and 8 of the WYreeler Subdivision to the City of West Memphis, as shown by plat of said Subdivision prepared by C, H. Bond., Civil Engineer, and recorded isr Flat Booklat 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; 'T'hat port;i.on of Twentieth Street which portion extends from the North Line of Wlree_ler Avenue to the City 7,imits of the City of West Memphis, and 7.ies immediately West of Blocks 5 and 10 of the Wheeler Subdivision to the City of ?~4est Memphis, and immediately East of Blnc'cs 6 and 9 of the Wheeler Subdivision to the City of West T}emphis, as shown by plat of said Subdivision prepared by C, H. Boncl, Civil Engineer, and recorded in Flat Book 1 at Pages 261a and 265 of the Records in the Office of the Circuit Court Clerk and Ex-off.ici.o Recorder in and for Crittenden County, Arkansas; That portion of 1'rrenty-Thirds Street which portion extends from the North Line of Goodwin Avenue to the South Line of Thomas Avenue, and lies inunediately West of Blocks 3, l2 anal lb of the FJheeler Subdivis'n to the City of West riemphis, and. irrunediatel.y East of Blocks I1, 11 and 17 of the t+hree]er 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 Rook 1 at Pages 26G 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 pori.ion extends from the North line of Goodwin Avenue to the South Line of Thrnnas Avenue and ]_ies immediately West of Blocks 2, 13 and 15 of the Wheeler Subdivision to the City of Y1est Tlemphis, and immediately East of Blocks 3, l2. and 16 of the Wheeler Subdivision to the City of West I4emphis, as shown by plat of said Subdivision prepared by C. H. Bond, Civi]_ Enginner, and recorded in Flat Book 1 at Fages 2611 and 265 of the Records in the Office of the Circuit Court Clerk anti Ex-officio Recorder in and for Crittenden County, Arkansas; That portion of Fariaray Street which portion extends from the Plorth Line of Goodwin Avenue to the Soutlx Line of Thomas Avenue and lies immediately West of Blocks 1. and ].!a of the Wheeler Subdivision to the City of West I4emphis, and immediately East of Blocks 2, 1,3 and 15 of the l~heeler Subdivision to the City of West 1"]emphis, as shown by plat of said Subdivi.si.on prepared by C. H, Bond, Civil Engineer; and recorded in Flat Book 1 at Pages 2611 and. 265 of the Records in the Office of the Circuit Court Clerk and Ex-officio Recorder i.n and .for Crittenden County, Arkansas; That portion of Thomas Avenue which portion extends from the West Line of Ingram Boulevard. to the City L inits which is the East Side of Isighteenth Street, and lies immediately 2lorth of Rlocks 5, 6 and 7, of the Wheeler Subdivision to the City of West Iiemphie, and immedi.a.tely South of. BJ.ock 21 of the laheel.er Subdivision to the City of I~West Memphis, as shown by plat of said Subdivision prepa ed by C. H, Bond, Civi] Engineer, and recorded in Flat Book 1 at Pages 26l; and 265 of the Records in the Office of the Circuit Covrt C]_er'_: 7. and ~:-officio Recorder i_rr and for Crittenden County, Aransas; That R].ley extending from ~'ighteenth Street to the 4~Jest side of Ingram Boulevard tlu•cugh B]_oclcs '&, Sand ]_0; of the. 'nlheel.er Subdivision to the City of West PIemphis as shown by plat oI' said Subdivision prepared by C. H. Bond, Civi]..ngineer, and recorded. in Plat Book 1 at Pages ?_6!~ and 265 of the Records in hte Office of the Circuit Court Clerl- and Er.-officio Recorder in and for Crittenden County, Arkansas; That Al..ley extending from the east side of Ingraan Boulevard tc the Nlest side of Farlcway Street through Bloc}cs ].1, 7.2 and 13, of the Wheeler Subdivision to the City of West r?emphis, as shown by plat of said Subdivision prepared by C, II. Bon l., Civil Ingineer, and. recorclecl i_n Flat Boor; 1 at Fages 264 and ~~55 o.f the Records in the Office of the Circuit Court Clerk and Psx-Officio Recorder in and for Crittenden Coturty, .Arkansas; ~~ ~ That Alley^extenrl.ng from the 'vJes t side 0I I axl~tray Street through Bl oclrs ?_, 3 and !G to the ~Csast side o, In^ram Boulevard, of the U~Jlzeeler Sttbl,vi-^i0n Lo the City of '°7est iiemphi.s, as shorm by plat oP said Stttidivi.sion prepared by ('. H. Bona, Civil '~,ngineer, and recorded in Plat. Bo 0k 1. at pages 261 and 265 0f the Records :iii t~lae Office of the Circuit:. Cow°t Clerl: and E;t-offi.r,-io Recorder in arid. for Crittenden Cnuni;y, .0.x•J.<uxsas; That Alley extc°nding from the 4dest 43_de of Ingram Brnxlevard through Blocks ~ and. 6 to the :tst side o.f litneteenth 5treai,, of the ~rheelF~r Surd vie' nn to the City 0f fleet z eml~hi.s, as ho~m by plat ni' said 5ubd~v~ision p~repcu•ed by t- tI. Bond, Civil Engineer, and recorded in } ~t 300}- 1 at Fag~>s 2'!~. an1 2'4 o.P the ~ecoxds i.n t,h~ ~"7ff9.c^, of the Circu.i_t Court C1er.}: and i_v,-.of.fi.cio Recorder in and for C.ri tt,enden COZUri z ":,•'.con~aa; and Tlzat Alley e.xtcnding from the 4dest side of }'1s•'aaa.z- Street through Bl.ocla l5, 1G and 17 to the East si:e of Incr. am Boulevard, of the iJheeler Suh.li_vi.si.on to the City o.C TTest Plemphis. as shown by plat, of. sa~_d Subdiv-i..slon prepared by C, II. 1)ond, Clvil ~~'ngneer.•, and recorded in Plat Boo':: 1. at Fa.g;es 2E~1~ and 265 of the Records in the Office of the Circuit Court CJ_eri< a.nd ?x-off.:ici0 Recorder i.n ancl. for. Crttende!t Co;urty, .~"rr,,,-an^,a,^. ~1sC7.'TOlI IL A Dopy of the ordinance duly certified by the City Clerh shaJ.l. be filed n tine Of f.i.ce o:C the Recorder of C•ri_ttende.n Co;xnty. ~sl;ansas. SECTION III. 'l'h~s ordinance being; for the tnuned.i..a.te protection of the pub)-7_r peace. health and safety, and, i_n the interest of the publZr, an emergonry ?s hereb- declared to exist and this ordi..nance shall be in full. force and effect fro~1z and after its pn >age, 1~1ayor Price advised the Council. a hearing on the zoning of the area lying east 0f tl~;o cent^.r l.i_n:~ of Avalon Street. etitenclerl Tlorth .from 'zts point oC intersecti.on faith tdze ;;oiith 1_ine of the 11orth Half of the South°ast (quarter of Section One as "D" Carunorcial_ [}.istrict had been schedule for phis date, and aai3rone objecting t.o said zoning taould now be heax•d.. No one apl-earing, an or<ii.nance enti. fled °An Ord-i na.nce To ':one `t'he Fractional North Flal.f of the .`.3outheast ~uaz•ter o_f Section One, Township Six lTOrth, Range Eight least, l~ri.ng ;~;ast of the center l.:ine o:f Avalon Street ertenr9ed tlnrth from its point c.f. intersection with -the South line of the North HaJ_f of the Sout.h~ast (?uar~ter. 0f Secti 0n One in C.ritten~len County, Ar}cansas, as a "1)" Commercial District. ~~ tags read the first rinse bl~ ;~1.Ierr;aJZ tray, tah0 moved the read.ine be apr~rnvecl, artd_ the motion was secorzdnd by ='.lderman }iancheste.r. Upon the matter bei.n,? called. t0 vote, the voting twee as folio?•zs: Yeas: /tl~le,^r~irn: I37edsoe, °01~i.nmer. ';;len, FinJ.ey, i?0ster, i?anrhester., Fo;rers. and ??a~*. tTatin;: tlonn. 9n ordinance enti_1;7erl ":fin Ordinance To %one 'i'l.?e George T, Y.enda.J_ Fifth Acklition to the City 0.f 4lest Memphis'', read tl~e first time 0n July 1.9th, second time on ~t.u~ust 2. 195, ?gas marl the third. tine bar Alderman. ~?01.1.9n;;nr, trho move<l the or~_lin:?tieo be aclnpted. 'Phe motion ?~ras seconded by Alderman Foster, the voting t~ras as folJotas: Yeas: Aldermen: Ez_l.edsoe, I3oJ'iinner, G;Zen, Finl.e~r, Fosto,^, }ianchester, i'otrers. and. Pay. Nays: None. The i_'ayor then declared that the ordinance had boon fuJar passed, and theroupon he signed. the 0rd,i.nance in upon C0unc17 iieeti na. and the 0rcl~;.nnnce eras numbered AID. 306. Said ordinance read. as follr+;rs: ~'F',DTN:1iICi1; IiO. X06 9AI ORD11~1ANCF TO ZOI~iF TIiI?. G~,Or~GE T, Pl'sN~)AI~ FII~'TII ^.DDITIOId TO T1L!: CI`T'Y Oi~ GJE ~`I IszIPHIS. [~IPs11 ;AS, notl.r•e zags duly publ.i.shed on the 5th clay of Flay, 1.955, that a. hear.•isrg before the City Council at 7:30 P.11. on Tuesda~r Jerre 7, 1.955, for the pro pose of hearing all interested parties in cnnneci;i-on tai.th the zoning of said 1-ands het^einafter described. ?~Jf(R?,~15, at swirl mceti.ng it was requested that Sal-d lvzrls be zoned as foll.otrs: AJ.1. of B].oc.':;s One (1.) tlzrottnh +:ight (f) both inclusive of the George T, I"enrlal Fifth A.ddi.ti on t0 the City of hest i~temphis, .Arkansas, as recorded in Plat Boot: 2, Fage lOli. in the office of the recorder of Crittenden County, Arl <~.zzsas, and ?~1II[;RsAS, no persons appeared to protest against zoning 0f said lands the cott*zc:i_J. finds that said larxds should be zoned as requssterl., rota. therefore, BE I'P OR~t!lI`IliD 3Y `I'EI~, CITY COIRdCTi~ O_~ 'CII}'1 CI'PY O' ?PST T~?1}F'1II": SF:CTIOII I. "B" R.ESI!)PsIdTIAT, ?1TOT~~TCT: That the f011_o?-ring lands, to-grit: All Blocla 1 through n, with exception of tots 1, 2 artd 21, Blocl: ?, t,ot J., Block 3, Lots l'i andls. Block 1_ of the George T. Kendal. Fifth Addition to the City of i~lest P4emphi_s, 1~•'ransas being located i_n the East Half (E'g) 5ecti0n Seventeen (1.7) Township Six (~) North, Range Nine (9) T;ast, Crittenden Courzi,y, Arkansas be and the same are hereby zoned. as a °B" Residential. District. 57 SECTIOPI II, "D" COT°111ERCIAL DISTRICT: That the Following lands, to-wit: Lots 1, 2 and 21, Block 2; Lots 1, Bloc}c 3; and Lots J1t and 15, Block 1 of the George T. Yendal. Ffifth Addition to the Citylof Y7est Plemphis, Arkansas being located in the East Half (Ll) Section Seventeen (17) Township Six (6) Tlorth, Range Nine (9) Last. Crittenden County, Arkansas be and the same are hereby zoned as "D" Conrmex•cial District. SECTION III, ORDINANCES III CO[1FI~ICT HL;TZEWI'~'FI REPEALED: All ordinances or parts of Ordinances in conf]_9.ct herew'cth are hereby repealed. SECTTON 1V, CCPY OF ORDIDIANC:a~ FILED FOR RECORD: A copy of this ordinance, when duly certified by the City Clerk shall b© subject to being filed in the office of the Circuit C1ex•k and Fyx_Officio Recorder within and .for Crittenden County, Arkansas, fo:r record. An ordinance entitled "An Ordinance To 7,one Avaonda7.e Gardens Subdivision, Second Addition To The City of 'Test Memphis" was read the 2nd time by Alderman ~sden, who moved the second reading be approved, the motion was seconded by Alderman Towers. The voting was as follows: Yeas: Aldermen: Bledsoe, Boi.l.nger, '~%den, Finley, Foster, ilanchester, Towers, and Ray. Nays : Tlone . Playor Price infox•med the Cotuzcil he had been considering the qualifications of various citizens for the position of Civil. I~fense Director for Trlest TIemphi.s, and the following letter. had been received .from TIr, Le~ris I', Li.nca7_n: August 8, 1955 Icon. Howell B, Price . T4ayor City of West ilemphis City Ha7.l Building FJest I•Temphis, Arkansas. bear Sir: Per our conversation of saturclay August 6, 1955 I am wi7.ling to except the position of Civi]_ r)efense Director of GJest P?emghis for I feel it my civic duty to do so. l list the qualifications prior to my coming to ~~est Iiemphi.s to reside. Civil Defense Director -Carlisle Art: " " " - honoke County While Dixector in Lenoke county and through the cooperation of Sheriff Earl Jackson we set up a complete rariio net for a combination of police and Civil Defense communication within the county and were able to get financi.a7_ help t}trough the National Civil Defense funds set up for this purpose. Tn adctiti_on I have on hand and recorded with Civil Defense Headquarters, North Little Rock a loya7.ty oath and one fi_7.ed r,ri:th Pational Headquarters. Any other information as to qualifications can be obtained by contacting any of the following parties; Joe B. Gi.7.J.a.spie, Tiayor Carl.is7.e Ax•k, , Earl Jacbcson, Sheriff Lonoke County, earl Richie, County Judge L ono!ce County, Ark.. wren Payne Civi]. Defense Director State of Arkansas, Camp iZobi.nson, I1ort1~ I~itt7.e Rock, Ar}<. with personal regards I await yotu~ further cemmancls. TaEWIS E, LINCOLN A7.lis Chalmers isg Co.-Tractor Div 215 Fax•lc IJrive, West Tiemphis, Ark. I-'Trove -9 ylJ After discussion, Player .Price recommcnd.ed the aFpointn,ent; of I°h•. Lewis E, Lincoln. 27.5 Park ih•ive as CiviJ_ Defense Director. I~ioti.on was made, passed, and adopted confirming the appointment of Pie. Lewis E. I:incnln, upon the matter being ca7_led to vote. the vote was as f ol7_ows Yeas: Alder rev: Bledsoe, Bo7.7.inger, Eden, Finley, Foster, P•}anchester, Powers, and Ray. Nays : Plone . Alderman Bob Eden asked to be excused from remainder of meeting. and same was granted. a~~~i 1?ayo-r PY•i.re presented the .fol.hca~ing ~iecerpts .from I} mutes nr tleeti_ng of v^Test Piemph_i s r'har?bcr of Corrrn?erce: 'Phe nre~~t-ncr wa called to ceder anal a quortun bei.nt* present. the folJouring proceedings rrc,x•e among those hart at said meet.nn .... The question of traSfzc lights along fkroaduay uaas discussed. 7.'he neect for tra.ffir, lights eras pointed out by various per. sons present, that a number of persons had been 1-iJled or seri.nusly .n;jured on Broadway during the past several years. J. II. Spears expl.ainect the holding of the Court in the recent case of IZISf,Lit vs Catty of :Little Rock. (decided July li 1°r~), In than. case the City of tittle iloclr ha.cl agreed man;/ ;,mars a.go to 1-eep open a certa:i_n street. ant among other things, the Court sa9_d: ?'+lny attempt on the part of -the City to enter into a contract relating to the permanent establishm~~nt or a.banclonnzent o:P its public streets would be ulta vires (beyronci the author i_ty of.' the City to agree 1, , , , , , It :i.s establ:i-shed that, the governmental potirer to control and. regulate the use of highways (streets) in the pubJ.i.c interest cannot be surrendered, or ~inlp=rued by contract. 1'axticularly as to munir,9.pa i.ti_es, contr.•ol. over streets i_s given to them for the benefit of the public..... 'lhay have n.^, pourer, by contract, ordinance, or byJ_aw, to cede away, limit, or i.mpai.r their l.eg:i.slati.ve or governmental. power. s, or to disable themselves from performing the:i.r pub]-ic duti.es in this rcnard ,,,,, It is decl_ar•ed to be against publ9.c policy to permit a munici_paJ corporation to part rri.th any of its l.egisla:ti_ve powers ..... It cannot ebli,r•ate i.tse)_f not, to exerci e such pourers, and a contract i.n wh:i.ch i.t purports to do so, even open valuable cnnsi.dex•a.t,i_on, i.s void.~~ It oras the consensus of opinion ref tl?e members present, wi.tlt one ox• trao ~•-.cept-,ons, that traffic 1:?_ghts should be estabxiah?d anti ma.;nta:ined at a p.n.rt, if not. aJ_l., o.C the .ntersecti our; along 13roa~lwav, }Iot,inn eras made, passe.;l_, ar-r•-1 arlnpte~ thai;: The Cha;nh~~r r+f Ccru'?^rco recnm~?end that the questd.c~n o}' tra.f:Eic 1;.,•?-hi;s al_onr-; 13rnadu7ay be referred to the City Ceuncil_ for stun:ly; that I,he State ILiglnray '~?epax°tn?ont or other agencies o(' the State and lned_er<1 Coverrunent be called on to assist i.n the sttzrty and. survey o.f.' the sitizati.on with the ult;znate in ~rietr o.' est,ahli.sh;ng traff:?.c control. li}*tzts along Pro~~~Lrat* a~t most, ifi riot a7.J-. n~ thr~ streot and high~t~ray i-ntorsections .... Tdo furth~'r brisir?rass ;.tr~~P?r^.-r_f. the „~".;nr, wag a<9~ourno-d /%/ iT, II1~=~ai1t1 E 1'P S:LdP.nt ~- !1TTrT; I!ili. IU"~RGC?IiT', BIt("u113 T.fter d, -,r~^^-9~,r, of txacfic lx_ghts in Hest ?ie?np}ts notion r,•as trade by alderman ?ay: It bei.n~* the opi.n;onn' the Council. of t,}?r, r`,,',. of 'est; %_e?„phis r}?a±. 1,raf`_r lirl?te are necFSSar~ ^nr 1-.hc sn_I'nty rtncl ,..ro_l.fare c,f the cr.l;i~ens oP iln~t. 'c,~,rh; ^ -the '!~1yor and. Cottnc:..l proceed. uritir i.nstaJJation of traffic ld.~~hts, th~ City 1(rim,er ce ,.natx•ucted to ~.oertai.n the. cost, of insta.llal,i.on end. the Ai", are„as Iliah.-ray* i)ep,~s~,n?ent Le contacted and requosted t~ 7»at:e a tra.fa_o ~L r~'y". T11F? nrntj.~p ,?~~S Fe CDrldC?'l. bJr i°,1 1.er'n~n ,..e 7+~rF?. t:.l?n VOte S?'2S aS follrw^: aCaS: ~ i.:,",rnnp. p't.,tS..~ n,~.l_,.nf;Pr. I.7_riJ_e~~, __stl:t' jAnC73St^r. ~.7r`Tt=- 'U7C. a;~' ''n :a~:or 1'rir.e requested !;lrlermrn ~vnes }zl_r°dsoe t~ cenhclct I3~~, Cec~l 'ldrron-~s o%' .Jest '?^ ,phl r; ~sr• action t,a'<on by the '.Test .e•~,ph:i.^ ~Tnm.c~r Ghar,i,or of Crn^mcrce on tra_ff i_c control. ('cmznitt.ns cn.l~]-slx_i?}~, of ~1_dorn?en !.. lI. cad-, Jr. ar,c! ~~. 1, ~~r77ing~~r. Cii ~tle~r.e,} ",the 'i.ax•r:i.s ~raa a.r,po;_r,t~rl to rroY•.-urit.h a.•.or 1_~ri.oo on the tr1f~`io ~i,,~.ht. program. Cito~ n;t,t~~n~.y ;;.L~r•.e. iTat•.ris pres~ntcd {.~ t_ho Ceuz?cil. the, fol-loun..n~ h~reemerzt r~'ce~ved. from +' 1rl ansaa I o., rr ~:• ~t~t ('nr•rpant-. rr1?i rn . r•ree?-~nn~h pr:?s hcretofnre been ap, r~zv~rl by the ~P~a. i"~i,17~ir~ iN~,i1~i};z~ r',.r~,i~~;io?~. T11C` 4r*1'C^Yn^. rlt ~.; as f'rnll.Ow,^, 9greement *rada aatd. entered i_ntn h,hiS 1a-- ~•i' 1SK~ bI• and between the Artransas fewer :~. iii };ht Company, hr:reinafter ?°efer~.reQ i n as th_ (~or?pzn5•~ an~_l tl~ie C i_t;;- n° ''est ?`emphis, Ar'~ez~?se.~:. he.xetnaft='r referred 1-,r, as th Ci~l,;r: ~T(i ~tFIAS, the Oompa,xy is a public uti.li.ty en.-,,;oil in the sale an,a ~listrihui;ion of electric po*.rer and enert~-- in the '>t-rt,e of Ar?~ari.sas; a?cl ~~ v^JIl1:REAS, aJ.ong the areas a1.lotted to it for service is the followinu area in Crittenden County, Arkansas, adjacent to the City of West ?Memphis, Arkansas, and bea.na more part.eularl.y descritaccl as follows, tn_rait: The South IIa1_f of the Southeast quarter of the Southwest C~itarter (St SEA, Si^J1) and. the South PIa.J_f of the ITorth Hall of the Southeast quarter of the Soutlt:aest ~~uarter (1 21~; SE,'; 66d,') o:f Section Five (5), Tormship Sir, (6) Plnrth, Range Diino (~) ;•:,ast.; and ~J1I'!~~1A,5, proceedings have been begun :i.n the Coxtnty Court of Crittenden County, Arkansas, by SOU`l'FIT~!1ID RACING COIiF'OIZ4TICIJ for the annexation of such area to the City of t~7est Plemphi s, the hearing for tahich has been set for August 22, 19558 and G,ll)<;RF.AS, the City desires to proceed irrmtedi.ately xrith the eonstruction of transmission and distribution lines in the area described prior to the actual annexation of such area to the City and has requested the consent of the Company to such action and. a rel.inqu:ishntent of the Companyrs rights in and to tlxe area descx•ihed, which the 8ompfuilr i_s agreeable to doing, as hereinafter set forth: P10id, TIi~"REFORN~, in ~ortsideration of the premise,,^,, the Company does hereby agree faith the Cit.,y that the Cit~* ma;~•, insofar as rights of the Company are concerned, and subject t.o the conclit;ions arid. provisions hereinafter set forth., i_nunedi.ately enter sa,9_d area. and commence the construction of 1_i_nes and other facilities for. the servicing of customers therein, SiTBJ:SIC']' to the foll.ow3sxg: 1. TPtat the approval of the 9rlcansas Public Sex~rice Commission be first obtained as to this contract and the proposed actions of the parities hereunder; 2. That in the event the aforesaid area is not annexed to the Cii;y o:C West Plettiphis within si° (6) months from this date that the City mill. immecliateJ.y remove its .facilities, w:iJ_1_ relinquish any r9.ghts to serve such ax•ea faith electx-ic ptaoer and energy, and that all rights of the Company ex.i_sting at the date of this contract to serve said area will.. thereupon be reinsta:Led in fu1.J. The Company agrees that upon. annexation of such territory to the City of irJest I~Temphis and subject to the conrliti_ons hereinabove set forth, it vri11 rel.inqui.sh any and alJ. rights it presently has to serve the area above described, but not further nor otherwise. I61 WITPIi~SS iJ[T~;OF, the Comp~.rty has caused these presents to be executed by its President and its eal to be affixed by its Secretary thereunto dilly authorized, bIr proper resolution of its Board of Directors, and the City has caused. these presents to be executed by its I~iayor and duJ_y attested by its City Clerk-, thereunto duly authorized by propex• resolution of the City Council of the City of 6^Jest Iiemphis. Arkansas, the day and date first above written. ATTi~ST: ARR:AId."iAS PO"ttirER Fc LIGHT COI•Il'P.P1Y Fresid.ent i -- - Secrr:.tary A.TTb;S?c• - . ~ City Cl.e.rlr CITY OF~S?E;ST I1~I_`I'III:., Ai~~:1IISAS 1~ 7 ^~C ~ Mayor After the Agreement was read to the Coxtnci.J, and a fuJ_l discussion had a. motion Uras made by A]clermaxt BoJ.li_nger and seconded. by Alderman P'in7.ey: 77tat the Mayor and City Clerk be and the~T are hereby authorized to execute said Agreement in beha7l' of the City of West iemphis, ArkinsaG. Upon vote, the vote was as folJ.ows: Yeas: Aldex'rnen: Bledsoe, BoJ.li.nger, Fi.nl.ey, Foster, I Manchester, Powers, and Ray. Navs: hone. Tlayor Price requested a grarrt from the Uti7_ity Conunission to the General Fund i_n the amotutt of ';;l,O00 be made. f"tfter di>cussion, mot9.on z•ras made, passed, and adopted requesting the Utility Cormnission to grant tyre swn of ;ab, Ono to the City o.f West Iiemphis General Frxnd.. The vote was as fol.loras: Yeas: A1dex7rten: Bledsoe, Bol]_inger, I'inJ_ey, Foster, Manchester, Pot-rers, and Ray. Plays : hf one , The foJ_J.owing estimates were presented; Estimate PJo. 1 Deep Water Well. - 1,ayne Arkansas Company '„ 22, 72b.50 Payment No. 2 Deep Water FJeJ.l - A. E. Heagler 350.00 Payment PIo. 3 Deep Water idell - A. E. Heagl_er 350.00 a ~~ ~~ ~'stima o PIo. 2 fire Station J.-I. PI, Hanna >l, 800, p0 L'stimate PIo. 3 I~vnar Rodgors Foo]_ - L. E, Sanders ~ 3,3C14.7g 1?stimate Ito, y Leaner Roy}hers Fool_ - Franl. Lee ].0,8°3.24 Esti_ma.to No. 5 'iJonc}rr IIiah Pnol - I'ranl- Leo x,1.82.10 liannin~; T,tunher Company - Repai:i.s - ;coat }-tut l,l~F?3.E5 I'ioti.ora was m.sde by A]rlez•ntan Towers and secon~7ed bar A]rlel•man i?<ancheste.r: That the estimates as presented be approved. The vote was as follotas: yeas; A]~lr;rrnen: Bledsoe, Bo77_naer. Fin]_ey, .Foster. Iar~chester.•, ~ otrrrs, a.nd Itay. PIa-y ~ : I?nn~ . ?I1y0r T~`ri..Ce 1.nfOrm!'.C} t}tE3 COLLT1.r11 Ile teas Of 'I;h~ Opi_n10r1 a ipeCi.al Census LJOUI_(I be Of benefit to the City as there has been a con;~]erab'1e i_ncrcase in popul.=~tion since the la.;~t Census in 1953. After ~~liseussi.on, motion was made by ~lldor•man Ray azrrl seconded. by r1]s}erman Foster: That the City .:ltt~rney be atzthori^ed to proceed frith ebtaini.ng a Specie] (%ensus during ].9~{. Upon vote, the vote tans as follows: Yeas: Alde:r•)non: F3]_edsoe, ?lol].i_nger, Finley, Foster, Ilanrhester, Forgers, and Ray, Nays : Plono . Acr.ounts payable for the month of June, 1955 trere pre.senter9: Pub7.i.c U't:i].i. ty Bond. Construct:i on Fund !,f3, 091..90 Street Improvement Fttnrl 1, 9?5.12 General. Fttnd' 6,288.35 After discussion of items. motion was made by Alderni~rt Ray and. seconded by A]_de.rntan Bollinger: That the Accounts payments for Jtzrle, 1y55, be approved, and cltecl-s be issued for payment. The vote teas as fo_ll.ows: Yeas: Aldermen: Bledsoe, Bo].].inf?er, Finley, Foster, lianchester, rowers, and Ray. Nays : idonc . The advi.sabil9_ty of the City opera.tings i.l;s otm garage and shops was discussed. P"ayor Price acquainted the members of the Counci..l. tri_tIl the system for report,inl* gas consumption of al]. city vehi.cl_es and. that a very small percent.a.re of gas and oi.l taa.s being ttna.ccountecl. for. PIo act.i.on Was taken on the matter. The Bui]_di.ng Inspector presented the fol]_owinl; report: App].i cations and Permits From August I.4 to August 1G, 1955 App]ications Denied: }lone Apn]_ica:ti.ons Approvecl and rermits Issued: FIome Bui.ldi.n~;ers Supply ,; am Conmtons Tri.ni.ty I•Iissionas•y Aaptist Church Roy F.ranlc_lin Southwestexn Bell Telephone Bi1_]. Merchant Arthur Turner ?d. E. Math s II. C, Baretti. t°Test View Realty - K I`oti.on was made by Al.dernvsn ~?oll.inger and sec~nr}ed Liy Alderman Powers: That the report of the Bui.l~ling Inspector be apnrove~l. The vote teas a.s fnll.oras: Yeas: ."~J.dermcn: i3].edsne, Bol].ingor. .~inle~~, r'ostor, Manchester, Pot~~rers, and. iLaz, lirr~~:^: Iicnh. IIo ftu•th~r busingss appearing, motion was made by A-7d.err~a.rl Blerisoe ailCi seconrleci by A1_dern,an I'otaers tq ad icurn . The vo l:i ng was as follows yeas: ='!ldormon: Pl.e9so¢, J~ol_1_inger, t"'lnley, Laster, 1;lnchoster. rotrers, anct llav. ~' /~ ~J.i iY. ~. ~^?. S, aI7'rcC~~r'~;'~: SEPTEMFSER 1, 1955