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February 2, 1956~. `~ MINUTES OF A REGULAR P3EETING OF THE CITY COUNCIL OF TBE CITY OF WEST APHIS, ARKANSAS, AAD ANTI HET.T1 (~ .RRi1ARY 7, ]956 -_-_---------- ...- _- ---------.-_~ - _.------------~--------- _. _-_ -_ - __ --- ---- --- ------- -- _----- _ _ n - _ _ _ -...--- The Council of the City of West AFemphis met in a regular session at the City Hall in said City at 3:00 P.F•i. on the 2nd day of February, 1956. The meeting was called to order by the Pdayor, and upon roll call there were: Present: Mayor H. B. Price presiding and the following Aldermen: James Bledsoe, 0. I. Bollinger, Bob Eden, J. E, Himes, P. B. Powers, R. H. Ray, Jr., and L. E, Roleson; City Attorney Atlee Aarris and City Clerk S. L. Sims. Absent: Aldorman B. J. David. It being determined a quorum was present, the following proceedings were had to wit: Ifinutes of A4eeting on January 19, 1956 were read and approved. Mr. Harold R. Reef and P4r. Glenn J. Gardner appeared before the Council to file the following petition: PETTTION West Memphis, Arkansas January 28, 1956 FROM: Residents and/or Property Owners of SOUTH FOURTH STREET, WEST A'.'EMPHIS, ARK. T0: PLANNIAICi COMAffSSION of City of West Memphis, Arkansas and A1LL CONCERNED: SUBJECT: Objection to proposed construction or operation of lot to be used for storage of wrecked automobiles on South Fourth Street, City of West Memphis, Arkansas. It has come to the attention of residents of South Fourth Street that Chalmers Motor Company located on Broadway Street of West P~mphis, apparently plans to use property located opposite occupied residences in TWO HUNDRED (200) BLOCK oP SOUTH FOURTH STREET for the purpose of storing wrecked automobiles. The undersigned residents and/or property owners of said street do strenuously object to aforesaid activity on the grounds that it constitutes a public nuisance for the following reasons; 1) The storage of xrecked automobiles along the street on which we reside and own property will create such an unsightly and degrading appearance as to humiliate every resident of our street and will devaluate our property to a completely unreasonable degree. 2) It will constitute a hazard to the health and xelYare of our families and ourselves by allowing an accumulation of water and objects of unsanitary condition thereby becoming a breeding place for mosquitoes, flies, rats and other dangerous and objectionable ermin and pests. For the above and other obvious reasons, we, the undersigned and residents sad/or property owners of South Fourth Strest, City of West Memphis, Arkansas do petition the City of West Memphis, Arkansas to prevent the storage of wrecked automobiles or any other such objectionable objects or material along Fourth Street, now and forever. Signed this 28 day of January, 1956. Harold R. Reef 213 S, 4th St. E. B. Hicks 207 S. 4th St. Mrs. E. B. Flicks " Mrs.. I. H. Fuller " Mrs. C. R. Price 203 " " " John Forbis 201 " " " J. B. Ingram 302 " " " Mr, and Pis. Clayton 24cNei1 304 " " " W, J. Darby 306 ~' " " Mrs. W. J. Darby n u n n Robert G. Joshlin 310 South 4th Street P4rs. Paul Matthews 221 S. 4th St. Ms. and Mrs. H. W, McKinney 217 S. 4th St. P9r. and Mrs. Ward 4owell 211 S. 4th St. Mss. Glenn J. Gardner 219 S. Fourth R. L. Reid 215 S. 4th Street G. J. Gardner This matter was commented on b9 City Attorney Atlee Harris, who also informed the Council he had contacted Ms. Hugh Chambers about the matter, and Air. Chalmers had informed him of plans to construct a fence around the lot. AYter discussion, the Council thought the matter should be held in ibeyance until the interested property owners and Mr. Chalmbers could meet and discuss the lot situation fully. '.lciermar. Fez~rer, introduced the _cllo:;9nu 3esolntion in :rriting. and !roved the ~rst reading bs approved: - I °1 eT1ii~.BAC, ;1IL - TC:$;~0<d ., II<C. _.,. have _l _. ',etitier; in prorar fcr,n as':ing ghat certain streets an: alleys be vacated anil hzs ^' ;itione'. the Council. to _"i:; a .~;ay= for he~sin~ and dive legal notice thereof PI?:~?1FC:~,, 3E IT w.CCi?'::D. that such petitior, sha11 be heard b=. this Council on the 15th days cf 7e'oruary=, 195. and that th City- Clcr'--~ rive notice of such meeting by puh'_ication once a Vraet- _°or tzrc consecutive vreei-s; his notice stating the n;are of the petitioner, the nw•-~es o_" the streets and al~c?rs, or rortior_s ` thereof, sought to be vacated and a_.-_sing ail perscrs that m -have any interest ther, in ~.:at the Ceunc__ ;ri~~'_ '.~ew_ anc'. determu7e ~rhether nr not the streets an . alley=s named shah be vacatec_. Tl, mot~.on ': es se coned by :;.der^an 3ledsa„ anci urea vote. the vetir_g eras as o*r~ `-e =~. _'aderr:en: __„dsce Er,l'__n_ _ . :avl . ~. .rimes `o:rers _ an delescn ;:av^ : Ii^ne . The Council was advised reco:~men-!ati-ons fc° traffic cor:trrls in :+est empi;is have beer. sent tc tl-:e ^ureau of 'u':'_ic '.oasis, an' anv further action by the Ar::ansa, Hiehtray Department is being cielave' anti'. a rer_ly i- -eceive~i Eton the 3ureau c" `ublic goads. fho Counci' .._~t,;crized transfer c_° Cit,,- -roperty Ccnst~uctinn un:i L ?pest :Memphis c_1;ty Co;^missicn - :i^ht '_ ..titer ~e^artment ;Pun _'or construction of Utility= C'_"fi.ce 3ui1"in,-~ ~~ adlition to City Irorerby. Tire voting t3as as ~ollozas: Yeas: =_1:1ern:er.: Uledsoe Iol'_inger. David. lr,en, slims. _ o..~_~. , , a^.r'! ttolesor.. lyays: ?lone. i:otior. was made by ~_1'ercaar. ~l_:~sca ar.i seconded by= laderman ~oilincer tc approve, authorize. ratii~, an~i/or con°irr: payment of the fol]_ocaing bi11s: ii:P'~!i? F'LD;D - ~L~;l C TrnT~- :ill d 4alorerc Ta:_ Fund ''e3.C17.91 M. Carnes ;lE?0.00 Ctreet Improvexent Funri ,9Lr.U7 ::' Utility= Come. 2c 9µ Sear.Iillencamo 97.5C il. Iarris 9x.10 ;7, i:, 9eterinary~ rospital 116.25 C. I:oseley 92.55 :;idSouth C Cc, c 19i i! ;;ey- vi.~" Director e~° Interna7.everues l,l^7 1 Iulliuam ':3.3C Census, Sept. of Cc^anerce 35.OC .. Dansberryr 87.13 >. ;Ihitten 150. CO ,: ,.ale 27.13 C. Duncan 1.!:2.50 Hii'. G7.13 J. ~e3ome .5^ ilarris 9u. i0 C. .cIeil 11r2.50 J. liabner c° (=" V. Romines ~~'''.5C J. :cCullar 8.7.13 :.. :~idd.ic'; 130.00 ._ Granger 67.].3 D. Steven 125.OC ,:. Garinaway 87.13 - ;cCul'_ey 125. CC Ii• :dilliam~; c7.13 3. ::asters 125. C0 r. Johnson X7.13 C. Hy rd 125.00 T. .oseley 96.10 Jarman 125.00 ,,, r.ee 9''.F5 J. ;lassey 125.00 J, tdatson 87.1>> J. Spar'.anar. 125.0^ :. ~ishor ~~3.73 L. Siritzer 125.OC J. Fulliuaar. 87.13 B. Hzsris 125.00 _.. I;oler. `7. i3 J. Iiowell ?CC.OC ~, 'Iil1 79.9C :. ~~3llison 170.0^ H, ushin~ 132.5C F' ilaylor 175. C0 i _xno1:. 68. W. Perrino i75.CC' ~ IIw°se:-_ ?~ H. Johrscn i37.5C' C. 31unt 87 l • ._3 . tindersor. 175.00 ,. Gibson s7. i3 0. Hatton 15C.00 ~• :Itater_ v^7.1 I. s•bv lisC.OC 3ra:ctor, 7 6` -. ';C~`. 125. ~'~ .lar!i'1 J: I. I(arla.. 125.^C -,.. ^rv J. 1scri-s 1?5 ~ _. „_~... 67.13 i. ?:ai-rel' "5.00 C. Ilop''ins °7.13 J. i;oore. Jr. lCS.CC -- -_emp ~._;G, C ._. _... 125-OC ,cr. 1~' 1C C. Fe*.rers 1^ n'^ .,. Garrett 7-:.75 ~. 3ushinC; 125.0=~ .. aofrel'- 11~~.10 T. 3ur':hart 1?S.OC -. ::el-'ey~ C J aadrum 125.CC .. ::tie^s 1'' - 1'.. Sirmors 105.00 ~. ~_--- --- l~^ 5^. J. JCOtt 127•Gn __ u'CffErs Cr. J. Jmlt.. ^ 15,`•00 .. ~Caies •75 ... 'tlerr i0''.OC ,. ::. ~u,_~y :run 73. :;idsouth Gas Co. _:156.5" 3atmders -a*.~rnrr;o>~rer chop ~.5^ _ . aylor 13.°~ C:;zl,:...rs :rotor Co. LOC ~ansberry 23 'armers Supply C., 25 1,5 . iiiiliams ?1 2i _~ederal Laboratories ~< _/-0 3o;aers anc' idoc.' 26.55 na,:ilton C'_inic 5'. GO Crittenden Cour_ty Tirnes S~."- Eaw'-ins Eqpt. ?6.03 .. 7:xncan 13 ~? :;cC Chev. ~•0 . Delta Ica Cc. 3~ ~~^ __~.-mouth i:,; en ~ 36a... cntiac Cc. _ , ::ot~_ _~lc-. 55g, , r'raT:ors Surph- 12.7` ..aticna Irstitutc- _.. ,. 20,00 Guaranty _'ostract 7?.5^ Tri_State :;eon ?' Or0 ' Ham~ltcn rLric 14.5" .. ... iiac'.iine Shcr .50 ... ... Hea^ler 163. S1 ._ ?; l'.i ams Slue _ _ in z°ittenaen ....,... ; ~~p_,.a_ .7 5 a~...,,a;a. Inc. . ~? Johnson 'uto . _. . ,onT{ers ~i~n srl~i~.. ^n _.. Johnson _ .: _ : ~ ., ^00, ^^ -. i'lin':c 5.57 :. ?:arri. .75 JcOaa Chev. Cc, _ :'' ..; saie; 4n 38 . exirethe :potl.ecar~ ~ " Vlliuam 33 outh C--. _ Cc. ~ '~ S ale 3?.63 1'>u _-:.csten .... "`,.77 il' 37.3 Feopies Iierc. ! 3~: J. Iarris X2.7>" J .. .i< s 23 , c... J `JaUner ~ ~', Sciioaitie .OC -zcCullar 37,63 Ta~~loe Farrar 63.56 . Granger 3' 83 Thui•TM:ond & Sons OC Qanna,ray 37. Tropical .:'aint ~..13 _. Jcluzson 37, tigton __ Co. _ T. i:oseley 1;2.75 ;elders Surely Co. ].';.2C ., Lee ' C.38 . :asctric cto_ 7:.75 d ;iatson 37.63 'r. .. Scrag Iron 2.011 3ishor 37,63 ._ To-SCer;,• ~._ J. Ful,,_uam 37.63 ;e.11in-Dic'~ey :' .rich 33.11 ._. ?ioler. 37.63 Wray :dilliaras 31ua mint °.15 ~, Hill 37,83 ..r1:. Faint an" Gla;s >"S Jef_ rsor. So.iK Do:aers and iToo3 50.37 J:rnold 1,7.18 3ra~~~ uto 55 ~ Hudson _ ~5 Cha]mers Suit'-c Cc. 2".10 C. Slant uS.73 _~ttenden County Times 72.41 Gibson ~,7.18 Crittenden i-iem. ciospita'_ ~ ?~ .,. canter. 1:5.73 ~elt Ice Co. 1^ °^ Sra:aon ~1.E3 ~urcar. 3. SC_ :iardloror ,i. c3 3den Pontiac 15.75 Larry.- 15,13 r'armers :3upp= ~? :. Coles 3y. SO Garrison :teaciy-;:i: 21.': -, HoAI_ns i' le ??ollanci rioter anti I^:c. S3 :' :enF 10.60 fiatr'.:ins Sept. ?5.~~ ,.. erC,user. 15` °0 Johnson .",utc '?3.'.! C. Garrett 7q, 75 man Clinl:e ]-~.~` :. ~Ic:.e1J_ '8,10 ... Loan, Jr. _ .17 J. ..eL'zy l~ .SC _:cCaa Ciiar•olet .. 3o~e_ 1, r0 ::errhi~ Photo Sup-i~ 27.25 ,. iL'nam 1'2 SC iid-South Ch;yaan 1.60 Jef`ersoa 6L 53 er_uether ;:pothecar;* .32 ushin~ ]3^.50 Cz'ourn-.4eston _: Cc. 380.07 ~. :rnold "' ~3 Peoples I4erc. and Implement 71 1 .:. Hudson 61.65 ". :. 3i~Ss Tractcx~• 435 C. Slant 58,23 1:ussall Tractor 31.4$ Staten 58 23 SFaldin- Tire 37.31 9raxton 51 38 Tayloe F^ _er Co. 17. ^3 :.. .^lardlocr 1:5, r,0 C. J. Upton ~'_ ^6 c.. Coles 58.23 '•7 ._ iYachi.-~ __ 71e1:Iinr ~ "~ ~ FIopians 58.23 i•]ra~r :~lilliams Slue Print ~ 158.10 .,, .iwrris 65.25 °er 'f~. Co. 3' .5r, ?^:esel~;- X1.63 ~aL_ Truc'::n~ 50.00 ?;ey Sg 23 Citizens Sur-_al .ss. ^0 ~ ... Tu'_liuam ''~ ~c 23 . ~ttsnaer.... os _~~_ 9^ _.r,ale 58 23 )elte. Ice 80 Hill. Sc.23 Ssso Stanc'ar~ ~-_ ~ ,. 7~c% 71 J. .Iar i s --. -. :.cieoeten-FLyntir. nr 'IcOullar 78.23 : `c:.=_--~., Imp' . ^.~ .17 _: . _ anger 56.'_3 _.. Fetroieur! 33.'-0 .. Ganna~rav '~ C3 ::e-r~:nether __Fothaca••~ " Johnson 56.23 ..C: :'_n~tGn X2:7,-: _.. .1.1-~ 1• ___`.~'~P:' ~~ =S The next order of business was the hearing on vacating of Gathings Steet and a).ley as per Notice pub]ished. No one appearing to protest to vacating said street, the Council felt it was expedient that the ordinance vacating said Street and alley be passed with emergency clause. The ordinance was introduced, and read in full. Alderman Bollinger then moved that the rule requiring the reading in full of an ordinance on three different days be dispensed with. The motion was seconded by Alderman Bledsoe, and on the roll being called the voting was as follows: Yeas: Aldermen Bledsoe, Bollinger, Eden, Hines, Powers, Ray, and Roleson. brays: None. The Mayor declared that more than two-thirds of the members composing the Council had voted in favor of the motion to suspend the rule and that it was carried. Alderman Roleson then moved that the ordinance as read be adopted. This motion was dully seconded by Alderman Hines, and on the roll being called the voting was as follows: Yess: Aldermen B]sdsoe, Bollinger, Eden, Rimes, Powers, Ray, and Roleson. Nays; None. The Mayor 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. Section 3 was then read again. Alderman Eden moved that Section 3 be adopted. This motion was duly seconded by Alderman Ray, and on roll call the following voted: Yeas:`Aldermen Bledsoe, Bollinger, Eden, Rimes, Powers, Ray, and Ro7ason. Nays: None. The Mayor then declared that the ordinance and the emergency section 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. 313 WHEREAS, a petition was duly filed with the City Council of the City of West D4emphis, on January 5; 1956, asking the City Council to vacate and abandon the following street and alley: That portion of Gathings Drive which portion extends from the North line oP the right-of way of U. S. Highway 61 to the North ]3ne of Thomas Avenue, and lies immediately West of Block 1 of the Wheeler Subdivision to the City of West Memphis, and immediate]y East of Block 2 of the Wheeler Subdivision to the City of West Memphis as shown by a replat of Blocks 1 through 17, Block 21 and the North Half of Bloclc 18 of said Subdivision, prepared by Bond Engineering Company and recorded in Plat Book 2 at pages 11.3 and 17.lt of the records in the office of the Circuit Court Clerk and Ex-Officio Recorder in and for Crittenden County, Arkansas; That alley extending from Twenty-fourth Street to the West Side of Gathinga Drive through Block 2 d the Wheeler Subdivision to the City of West Memphis as shown by a rep7zt of Blocks 1 through 17, Block 21 and the North Half of Block 18 of said Subdivision, prepared by Bond Engineering Company and recorded in Plat Book 2 at pages 113 and 11lt of the records in the office of the Circuit Court Clerk and Ex-Officio Recorder in and for Crittenden County, Arkansas. WHEREAS, after due notice as required by law, the Council has, at the time and place mentioned in the notices, heard all persons desiring to be heard on the questLon and has ascertained that the street and al]Ey as hereinbefore described have heretofore been dedicated to the public use as streets and alleys as herein described, and that said street and alley are unimproved and have not been actually used by the public general]y; that all of the owners of the property abutting upon the portion of the street and alley to be vacated have filed with the Council their written consent to such abandonment; and that pubic interest and we73are will not be adverse]y affected by the abaondonment of such street and alley. NOW, THEREFORE, BE IT ORDAINED By the City Council of the City o£ West Memphis, Arkansas; SECTION I. The City of West Alemphis hereby re7xases, vacates and abandons all its right, title, together with the right of the public in general, in and to the following street and alley: That portion of Gathings Drive which portion extends from the North line of the right-of-way of U. S. Highway 61 to the North ]ine of Thomas Avenue, and lies immediate]y West of Block 1 of the Wheeler Subdivision to the City of 'VWest Memphis, and immediate]y East of Block 2 of the Wheeler Subdivision to the City of Aest Memphis as shown by a replat of Blocks 1 through 1T, Block 21 and the North Ha]S of Block 18 of said Subdivision, prepared by Bond Engineering Company and recorded in Plat Book 2 at pages ].]3 and ].11; of the records in the office of the Circuit Cotu•t Clerk and Ex-Officio Recorder in and for Crittenden County, Arkansas; That alley extending from Twenty-fourth Street to the West side of Gathings Drive through Block 2 of the Wheeler Subdivision to the City of West Memphis as shown by a replat of Blocks 1 through 17, Block 21 and the North Half of Block 18 of said Subdivision, prepared by Bond Engineering Company and recorded in Plat Book 2 at pages 113 and llll of the records in the office of the Circuit Court Clem: and Ex-Officio Recorder in and Por Crittenden County, Arkansas. SECTION II. A copy of the Ordinance duly certified by the City Clerk shall be filed in the office of the Recorder of Crittenden County, Arkansas. SECTION III. This Ordinance being for the immeaiate protection of the public peace, health and safety and in the interest of the public, an emergency is hereby declared to exist sad this ordinance shall be in full force and effect from and after its passage. ;~;~-r= A replat of replat of Blocks 1 and 2 of the Re-Plat of Wheeler Subdivision that had been recommended for approval by the Planning Commission on January 12, 1956, was presented. After discussion, motion was made by Alderman Bledsoe and seconded by Alderman Ray: That the replat of replat of Blocks 1 and 2 Wheeler Addition be approved. Upon vote, the voting was as follows: Yeas: Aldermen: Bledsoe, Bollinger, Eden, Himes, Powers, Ray, and Roleson. Nays: None. An ordinance entitled °An Ordinance Creating A Board Cf Trustees And iroviding ?or The Maintenance Of The West Memphis Public Library~~ was read the second time, motion was made by Alderman Roleson and seconded by Alderman Himes: That the second reading of the ordinance be approved. Upon vote, the Aldermen voted: Yeas: Aldermen: Bledsoe, Bolinger, Eden, Himes, Powers, Rev, and Roleson. Nays: None. Report of Building Inspector for building applications from January 19th to February 2nd was submitted as follows: Applications Denied: None Applications Granted: Milton Fliclts Alice Harris John Bettis D. ?. White Motion was made by Alderman Poz~rers and seconded by Alderman Ray: That the applications be approved as read, Upon vote, the voting was as follows: Yeas: Aldermen: Bledsoe, Bollinger, Eden, Hi.mes, Powers, Ray, and Roleson. Nays: None. No further business appearing before the Council, motion was made by Alderman Bledsoe and seconded h9 Alderman Roleson to adjourn. IIpon vote, the voting was as follows: Yeas; Alderman: Bledsoe, Bollinger, Eden, Himes, PoFrers, Ray, and Roleson. Nays: None. / . MA ATTEST: r, APPROVED: FEDRUARY 16. 19$6