1760ORDINANCE NO. / ~ 6 ~?
AN ORDINANCE CALLING FOR AN ELECTION ON THE ISSUE OF THE
ANNEXATION OF CERTAIN DESCRIBED PROPERTY TO THE CITY OF
WEST MEMPHIS, ARKANSAS, AND FOR OTHER PURPOSES.
WHEREAS, the City of West Memphis, Arkansas, desires to annex certain real property
and an accurate description of the lands to be annexed is set out in Exhibit "A" which is attached
hereto and incorporated herein by reference; and
WHEREAS, the schedule of the services of the annexing municipality that will be
extended to the area within three (3) years after the date the annexation becomes final shall
include: police protection, fire protection ;and
WHEREAS, this ordinance shall not become effective until the question of annexation is
submitted to the qualified electors of the annexing municipality and of the area to be annexed at
the next general or at a special election; and
WHEREAS, the City Council of the City of West Memphis, Arkansas, desires to set the
date for the election as provided in A.C.A. § 14-40 303 (a)(3) and the date of fhe election shall be
~ESRvAR`~ a~-l (qg? ,which if set for a special election shall be a date no earlier
than sixty (60) days after the date of enactment of this ordinance; and
WHEREAS, if a majority of the qualified electors voting in the election shall vote in favor
for the annexation, the county clerk shall, no later than seven days following the election, certify
the election results, record the same, along with the description and a map of the annexed area, in
the county records, and file a certified copy thereof with the Secretary of State; and
WHEREAS, the annexation shall be effective, and the lands annexed shall be included
within the corporate limits of the annexing municipality thirty (30) days following the date of
recording and filing of the description and map, or in the event an action is filed with the circuit
court as provided in A.C.A. § 14-40-304 on the date the judgment of the court becomes final; and
WHEREAS, the city clerk shall certify two (2) copies of the annexation ordinance and a
plat or map of the area to be annexed and convey one (1) copy to the county clerk and one (1)
copy to the county election commission at least sixty (60) days before the election; and
WHEREAS, no later than forty-five (45) days prior to the election, the city shall identify
all persons who reside within the area proposed to be annexed, and the county clerk shall assist
the city in determining the names and addresses of all qualified electors residing within that area;
and
WHEREAS, the failure to identify all persons residing within the area proposed to be
annexed or the failure to determine the names and addresses of all qualified electors residing
within that area shall not invalidate or otherwise affect the results of the election; and
WHEREAS, all of the qualified electors residing within the territory to be annexed shall
be entitled to vote in the election; and
WHEREAS, the city clerk shall give notice of the election by publication by at least one
(1) insertion in some newspaper having general circulation in the city; and
WHEREAS, the county clerk shall give notice of the voter registration deadlines at least
twenty (20) days before the election by ordinary mail to those persons whose names and
addresses are on the list provided by the city clerk; and
WHEREAS, the county clerk shall prepare a list by precinct of all those qualified electors
residing within the area to be annexed who are qualified to vote in that precinct and furnish that
list to the election officials at the time the ballot boxes are delivered; and
WHEREAS, the election procedure shall proceed in all other respects as set out in
A.C.A. § 14-40-303;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF WEST MEMPHIS, ARKANSAS, that an election be called, in accordance with the
provisions of A.C.A. § 14-40-303, for the purpose of submitting to the qualified voters of the City
of West Memphis, Arkansas, and of the area proposed to be annexed, the annexation to the City
of West Memphis, Arkansas, of the lands described in Exhibit "A" attached hereto, and that said
election be called for the o'1~4{- _ day of ~~1c,r„o-~,, , 19 Q ~
PASSED AND APPROVED this 3.a day of ~.ce nn her , 19~~0 .
CL2 /~~~
AL BOALS, Mayor
ATTEST:
DAN C a y le
uu I
I ~,,. '
Exhibit "A"
Proposed Annexation
City of West Memphis
Crittenden County, Arkansas
A 5,700 acre more or less tract of land lying in a fractional part of Sections 19,
29, 30, all of Sections 31 and 32 and a fractional part of Section 33, T-7 N, R-8-E, a
fractional part of Sectionl, T-6-N, R-7-E, and a fractional part of Sections 3, 4, 7, 8, 9,
and 10 and all of Sections 5 and 6, T-6-N, R-8-E, Crittenden County, Arkansas and being
more particularly described as follows;
Beginning at a point on the existing city limits which is the point of intersection
of the east line of NW 1/4 of Section 10, T-6-N, R-8-E, and the south right-of-way line of
Interstate Highway 40, thence north along the east line of the NW 1/4 of said Section 10
to the SE corner of the SWl/4 of Section 3, T-6-N, R-8-E, thence North along the east
line of the SWl/4 of said Section 3 to the NE corner of the SWl/4 of said Section 3,
thence west along the north line of the SW1/4 of said Section 3 to the NW corner of the
SW1/4 of said Section 3, thence North along the west line of said Section 3 to the SE
corner of the N1/2 NE1/4 NE1/4 of Section 4, T-6-N, R-8-E, thence west along the south
line of the N1/2 NE1/4 NE1/4 of said Section 4 to the SW corner of the N1/2 NEl/4 NE
1/4 of said Section 4, thence North a distance of 679 feet more or less to the NW comer
of the N1/2 NE1/4 NE 1/4 of said Section 4, thence west a distance of 1,488 feet more or
less to the SW corner of the SEl/4 of Section 33, T-7-N, R-8-E, thence North a distance
of 2,640 feet more or less to the Center of said Section 33, thence West a distance of
2,640 feet more or less to the SW corner of the NWl/4 of said Section 33, thence North a
distance of 2,253 feet more or less to a point on the south line of Survey No. 2932, thence
west along the south line of Survey No. 2932 to the SW comer of Survey No. 2932,
thence North along the west line of Survey No. 2932 a distance of 376.2 feet to the point
of intersection with the south line of Section 29, T-7-N, R-8-E, thence west along the
South line of said Section 29 to the SW corner of the E1/2 SW1/4 of said Section 29,
thence North 660 feet to a point, thence west 1,320 feet to a point on the west line of said
Section 29, thence North along said line between Sections 29 and 30, T-7-N, R-8-E, to
the SE corner of the NE1/4 SEl/4 of said Section 30, thence West 1,320 feet to the SW
corner of said NE1/4 SEl/4 of Section 30, thence North to the NW corner of the NE1/4
SE1/4 of said Section 30, thence West along the South line of the N1/2 of Section 30 to
the SW comer of the NE1/4 of said Section 30, thence North along the West line of the
E1/2 of Section 30 to the point of intersection with the center line of the Union-Pacific
Railroad, thence in a northwesterly direction along the centerline of the Union-Pacific
Railroad to its intersection with the west line of Section 19, T-7 N, R-8-E, thence South
along the west lines of Sections 19, 30, and 31, T-7-N, R-8-E, to the SW comer of said
Section 31, also the NW corner of Section 6, T-6-N, R-8-E, thence South along the west
line of said Section 6, also the east line of Section 1, T-6-N, R-7-E, to the NE corner of
the SEl/4 of said Sectionl, thence west a distance of 330 feet, thence south parallel to
the east line of said Section 1 a distance of 1,320 feet, thence east a distance of 330 feet
to a point on the west line of said Section 6, T-6-N, R-8-E, thence South along the west
line of Section 6 to the SW comer of said Section 6, also the NW corner of Section 7, T-
6-N, R-8-E, thence South along the west line of said Section 7 to its intersection with the
North right-of :way line of Interstate Highway 40, thence in a east and northeasterly
direction along the meanders of the north right-of-way line of Interstate Highway 40
through Section 7, 8, and 9, T-6 N, R-8-E, to its intersection with the east line of said
Section 9, thence continue in a northeasterly direction through Section 10, T-6-N, R-8-E,
along the north right-of--way line of Interstate Highway 40 a distance of 2,180 feet more
or Icss to a point, thence in a southeasterly direction along a line perpendicular to the
north right-of--way line of Interstate Highway 40 a distance of 300 feet more of less to a
point on-the South right-of--way line of Interstate Highway 40 at its intersection with the
centerline of 15 Mile Bayou, said point also being on the existing City Limits of West
Memphis, thence continue along the existing city limits the following calls;
N70°25'E - 471.36 feet
S19°35B - 15.0 feet
N70°25B - 39.44 feet
to the point of beginning containing 5,700 acres more or less.