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December 18, 19583~ MINUTES OF REGULAR MEETING OF THE C1TY COUNCIL OF THE CITY OF 4+1EST r1EMPFILS, ARKANSAS, HELD AT THE CITY HALL IN SAID CITY ON THE 18TH DAY OF DECEMBER~1958, AT 3:00 Os_CLOCK P.M,__ ___ __ On the 18th day of December, 1958, the City Council of the City o£ West Memphis, Arkansas, met in the City Hall in said City in regular session. The meeting was called to order at 3:00 o~clock P.Df, by the Mayor, and on the roll call the following members of the Council were found, to be present: Aldermen: Bob Eden, J, E. Himes, R. H. Ray, Jr., Y. G. Sims, James Bledsoe, 0. I. Bollinger; and City Attorney Atlas Harris. Absent Aldermen: B, J. David and L. E. Holeaon. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Meeting of December 4, 1958, were approved as read. Alderman L. E. Roleson made a delayed appearance at the Council Meeting. Attorney J. H. Spears in behalf of Guaranty Loan and Real Estate Company presented a plat of 4th Rich Eastern Addition Lying in the SWi Sac. 9, T-b-N, R-9-E, Crittenden County, Arkansas. Tha Council was informed the Planning commission on December 11, 1958, had recommended approval of the plat and Bill of Assurance. After discussion, motion was made by Alderman Bledsoe and seconded by Alderman Ray: That the Plat of 4th Rich Eastern Addition be approved as presented. Upon vote, the voting was as follows; Yea: Aldermen: Eden, Himes, Ray, Roleson, Sims, Bledsoe, and Bollinger. Nay: None. The Bill of Assurance was presented by Attorney J. H. Spears and discussed, Thereupon, motion was made by Alderman Himea and seconded by Alderman Sims: That the Bill of Assurance for 4th Rich Eastern Addition presented as follows be approved: BILL OF ASSURANCE PART A. PREAMBLE KNOW ALL MEN BY THESE PRESENTS: THAT GUARANTY LOAN AND REAL ESTATE COMPANY, a Corporation, holds title to the following described lands situated in the County of Crittenden, State of Arkansas to-wits Commencing at the quarter corner of Sections Eight (8) and Nine (9 ), Township Six (6) North, Range Nine (9) East, thence 375.76 £eet North along the West line of Section Nine (9) to the South right-of-way line of U, S. Highway 61; thence South 65 degrees 28 minutes East a distance of 1,880.01 Peet along . the South right-of-way line of U. S. Highway 61 to the center line of O,K. Street; thence South 24 degrees 32 minutes West a distance of 200.0 feet along the center line o£ O. K. Street to the point oP beginning; thence South 65 degrees 28 minutes East 705.31 Peet along a ]ine parallel to the South right-oS-way lice of U, S, Nighway 61; thence South 110.12 feet along a line parallel to the North-South center line of said Section Nine (9); thence South 65 degrees 28 minutes East 180.12 Feet; thence South 1,045.20 feet along a line parallel to the North South center line of said Section Nine (9) to a point which is 230.0 feet Weat of the North-South center line of said Section Nine (9) and 400.0 feet North of the North right-of-way line oP U. S. Aighway 70• thence West 881.60 feet; thence North 23 degrees 21 missutes hest 201.43 Peet; thence North 67 degrees 35 minutes West to the center line of O. K. Street; thence North along the center litte of O, K. Street to the point o£ beginning, containing 30.0 acres. The Grantor herein has caused said lands to be surveyed, subdivided and laid out into lots and blocks, streets, drives, avenues and parkways. Said Subdivision has been named and shall henceforth be known and designated as the Fourth Rich Eastern Addition to the City of West Memphis, Arkansas. Said Addition contains six (6) blocks designated One (1) to Six (6 ), inclusive, and the Grantor has executed a Plat shoxing the location of said blocks and the mnnbers and dimensions of the lots~in each of the said blocks. The streets, drives, avenues and parkways, as shown on said plat, are hereby dedicated to the public for its use and benefit forever. Said Plat is recorded in Plat Book 2 at page of the records in the Office of the Circuit Cl~uk and Ex-Officio Recorder in and for Cri ten en County, Arkansas. PART B, AREA OF APPLICATION B-1. FULLY PROTECTED RESIDENTIAL AREA Fully protected single-family residential area covenants in Part C and D shall apply to all of Blocks One (1) to Six (6), inclusive. PART C. RESIDENTIAL AREA COVENANTS C-1. LAND USE AND BUILDING TYPE - CLASS A RESIDENTIAL All of said Lots shall be used for residential purposes, and the provisions, conditions and covenants herein shall apply to all of said lands. No building shall be orected, altered, placed or permitted to remain on any lot other than one detached single-family dwelling not to exceed two and one_half stories in height and a private garage for not more than txo cars. C-2. ARCHLTECTlTRAL CONTROL No building shall be erected, placed, or altered on any lot until the construction plans and specifications and a plan showing the location of the structure have been approved by the City Council, the City Planning Commission of said City of West Memphis, or by such other bocjy or bodies created by said City of West Memphis, to assume the function of that body, as to quality of workmanship and materials, harmony of external design with existing atructnres, and as to location with respect to topography and finish grade elevation. No fence or wall shall be erected, placed or altered on any lot nearer to any street than the minimum building setback Iiae unless similarly approved. C-3. DWELLING COST, QUALITY AND SIZE No dwelling shall be permitted on any lot at a cost of less than ffi7,500.00 based upon cost levels prevailing on the date these covenants are recorded, it being the intention and purpose of the covenants to assure that all dwelling shall be o£ a quality of worlonanship and materials substantially the same or better than that which can be produced on the date these covenants are recorded at the minimum cost stated herein for the minimum permitted dwelling size. The ground floor area of the main structure, exclusive of one-story open porches and garages, shall be not less than 750 square feet for a one-story dwelling, nor less than 700 square feet for a dwe fling of more than one story. C-!y. BUILDING LOCATION No building shall be located on any lot nearer than twenty-five (25) feet to the front lot line or nearer than ten (10) feet to any side street line. No building shall be nearer than five (5) feet to an interior lot line. No dwelling shall be located on an interior lot nearer than twenty-five (25) feet to the rear lot line. For the purposes of this covenant, eaves, steps, open porches and carports shall not be considered as apart of a building, provided however, that this shall not be construed to permit any portion of a building to encroach upon another lot. C-5. EASEMENTS Easements for installation and maintenance of utilities and drainage facilities are reserved as hown on the recorded plat. C-6. LOT AREA AND WIDTH No dwelling shall be erected or placed on any lot having a width of less than fifty (50) feet at the minimum building set back, line, nor shall any dwelling be erected or placed on any lot having an area of less than 5,000 square feet, C-7. NUISANCES No noxious or offensive activities shall be carried on upon any lot, nor shall anything be done thereon which may be or may become an annoyance or nuisance to the neighborhood. C-8. TEMPORARY STRUCTURES No structure of a temporary character, trailer, basement, tent, shack, garage, barn or other outbuilding shall be used on any lot at any time as a residence either temporarily or permanently. C-9. SIGNS No sign o£ any ld.nd shall be displayed to the public view on any lot except one professional sign of not more than ono square foot advertising theproperty for sale or rent, or signs used by a builder to advertise the property during the construction and sales period. C-10. PROTECTIVE SCREENING OR FENCES Protective screening or fenced area is to be established along the rear of the lots in Blocks One (1 ), Five (5), and Six (6 ), except Lots Two (2) and Three (3) in Block Six (b ), and along the East side of Lot Sixteen (16) in Block Six (6). Except as otherwise provided herein regarding street intersections undex• "Sight Distance At Intersections", planting, fences or xalls shall be maintained throughout the entire length of such areas by the owner or owners of the lots at their own expense to form an effective screen for the protection of the residential area. No vehicular access over the areas shall be permitted except for thv purpose of installation and maintenance of screening, utilities and drainage facilities. C-11. SIGHT DISTANCE AT INTERSECTIOPIS No fence, wall, hedge or shrub planting which obstructs sight lines at elevations between 2 and 6 feet above the roadways shall be placed or permitted to remain on any corner lot within the triaagular area formed by lthe street property lines and a line connecting thin at points 25 feet from the intersection of the street lines, or in the case of a rounded property corner from the intersection of the street property lines extended. The same sightline limitations shall apply on any lot within 10 feet from the intersection of a street property line with the edge of a driveway or alley pavement. No tree shall be permitted to remain withir. such distances of such intersections unless the foliage line is maintained at such sufficient height to prevent obstruction of such sight lines. 3v PART D. GENERAL PROVISIONS D-1. TERM These covenants are to run with the land and shall be binding on all parties and all persons claiming under them for a period of twenty-five (25) years from the date these covenants are recorded, at which time said covenants shall be automatically extended for successive period of ten years unless by a vote of the owners of a majority of the property based on front foot ownership, it is agreed to change said covenants in whole or in part, except that the covenants may be amended at any time by vote of the owners of a ma~oritp of the property bases on front foot ownership. D-2. ENFORCEMENT Enforcement of the covenants herein shall be by proceedings at law or in equity to restrain a violation or to recover damages against any person or persons violation or attempting to violate the provisions hereof. D-3. SEVERAHIISTY Invalidation of any one oP these covenants by judgment or court order shall in no wise affect any of the other provisions which shall remain in fall force and effect. IN TESTIMONY WHEREOF, the said GUARANTY LOAN AND REAL ESTATE COMPANY, A Corporation has caused this instructment to be signed by its President, attested by its Secretary, and its corporate seal affixed this day of December, 1958. GUARANTY LOAN AND REAL ESTATE COMPANY By Jack .Rich, esi en ATTEST: Gene Dic son, ecretary Upon vote, the voting was as follows: Yea: Aldermen: Eden, Rimes, Ray, Roleson, Sims, Hladsoe, and Hollinger. Nay: Nona. City Clerk Charles DeGraff was requested to have Notice of Hearing for zoning ltth Rich Eastern Addition as "A" Residential published in accordance with Ordinance No. 165, and date of hearing set for January 15, 1959. Mayor Price informed the Council the Planning Commission had recommended that the property not zoned residential lying north of Church Street, east of Ten Mile Bayou, south of Righway 61 and west of County Road and in addition that property lying east oY l:th Rich Eastern Addition, south of Church Street, west of the County Road, sad north of RLghxay 70 be zoned "D" Commercial; also that property lying north of Highway 70 and south of Rich lyth Eastern Addition be zoned "D" Commercial. The recommendation was discussed, and taken under consideration. An ordinance entitled "An Ordinance Incorporation The Northeast Quarter (NE4) Of Section Eleven (11), Southeast Quarter ~Eh) OF SECTION (ll) Lying North And West Of The Center Line Of Tenn Mila Bayou, Northeast Quarter (NEq) Of Section Fourteen (11~) Lying North Md West Of Ths Canter Line Of Tan_ Mile Bayou, All In Townshi Six (6) North, Ranee Eight (8) East; And That Part Of The Southwest Quarter (SW~) Of Section Eleven (11), Township Six (6) North, Range Eight (8) past Described As Follows: Beginning At A Point ?there The East Line Of Said Seotion Eleven (11) Intersects The North Right-Of :Jay ~ ne of Highway 70, Thence West Along The North Right-Of :Jay Lane Of Said Righway 7D Fifty (50~) Feet To A Point, Thence North Parallel With The East Line Of Said fiction Eleven (11) Eight Rundred Seventy-'l~~ro (872') Feet To A Point, Thence East Parallel With Said North Right-Of-Way Line Of Said.Hi hway 70 Fifty (50') Feet To A Point On The East Line Of Ssid Section Eleven ~11), Thence South-Along Said East Line Of Said Section Eleven (11) Eight Rundred Seventy-Two (872') Feet To ~e Point Of Beginning, To The City Of West Memphis, Crittenden ounty, Arkansas" read the first time on October 2, 1958, and second time oa December !t, 1958, was read the third time. Motion was made by Alderman Ray and seconded by Alderman Eden: That the ordinance as read be adopted. Upon vote, the voting was as follows: Yea: Aldermen: Eden, Hines, Ray, Roleson, Sims, Bledsoe. Nay: None. Alderman 0. I. Bollinger abstained from voting. 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. The ordinance read as follows: ORDIlJANCE No. 362 AN ORDINANCE INCORPORATIiiG THE NORTHEAST QUARTER (NE4} OF SECTION ELEVEN (11), SOf1TFIEAST QUARTER (SE}) OF SECTION ELEVEN (11) LYING NORTH AND WEST OF THE CENTEP. LINE OF TEN. MILE BAYOU, NORTHEAST QUARTER (NE4) OF SECTION FOURTEEN (1!t) LYING NORTH AND WEST OF THE CENTER LINE OF TEN MLLE BAYOU, ALL IN TOWNSHIP SIX (6) NORTH, RANGE EIGHT (8) EAST: AND THAT PART OF THE SOUTHWEST QUARTER (SW~) OF SECTION ELEVEN (ll), TOWNSHIP SIX (6) NORTH, RANGE EIGHT (8) EAST DESCRIBEll AS FOLLOWS: BEGINNING AT A POINT WfLr'.RE THE EAST LINE OF SAID SECTION ELEVEN (11) INTERSECTS THE NORTH RIGHT>OF-WAY LINE OF HIGHWAY 70, THENCE WEST ALONG THE NORTH RIGHT-OF-WAY LINE OF SAID HIGRWAY 70 FIFTY (50') FEET TO A POINT, THENCE NORTH PARALLEL WITH THE EAST LINE OF SAID SECTION ELEVEN (11) EIGHT HUNDRED SEVENTY-TWO (872 0 FEET TO A POI'iIT, TfU;NCE EAST PARALLEL WITH SAID NORTH RIGHT-OF-WAY LINE OF SAID HIGHWAY 70 FIFTY (50') FEBT TO A POINT ON THE. EAST LINE OF SAID SECTION ELEVEN (11), THENCE SOUTH ALONG SAID EAST-LINE OF SAID SECTION ELEVEN (11) EIGHT HUNDRED SEVENTY-TWO (872') FEET TO THE POINT OF BEGINNING, TO THE CITY OF WEST MEMPHIS, CRITTEDTDEN COUNTY, ARKANSAS. WHEREAS, on the 30th day of July, 1958, the County Covrt of Crittenden County, Arkansas, made an Order annexing certain lands therein described to the City of West Memphis, Arkansas, pursuant to Petition d Jack W. Rich and Eva Floy Daniel; that said Order was contingent on acceptance of the lands hherein described by the City Council of the City of West Memphis, and WHEREAS, the signers of said Petition constitute a majority of the owners and also constitute owners of a ma3ority of the lands in the affected area, and WHEREAS, said lands are ad3acent and contiguous to the City of West Memphis, and that it would be to the beat interests of the City of West Memphis and the citizens thereof that said property be incorporated into and become a part of the City of West Memphis; NOW, THEREFORE, BE IR ORDAINED BY THE CTTY COUNCIL OF THE CITY OF WEST i~MPH6, ARKANSAS: SECTION I: That the following lands, to-wit: Northeast Quarter (NE~) of Section Eleven (11), Southeast Quarter (SE:;) of Section Eleven (11) lying North and West o£ the cente_ line of Ten Nfi.le Bayou. Northeast Quarter (NEy) of Section Fourteen (111) lying North and West of the center line of Ten Mile Bayou, all in Township Six (o) North, Range Eight (8) East; That part of the Southwest Quarter (SW~) of Section Eleven (11), Township Six (6) North, Range Eight (8) East described as follows:. Beginning at a point where the East line of said Section Eleven (11) intersects the North. right-of-way ]ine of Highway 70; thence West along the North right-of-way line of said Highway 70 15.fty (50') feet to a point; thence North parallel with the East line of said Section Eleven (11) eight hundred seventy-two (872') feet to a point; thence East parallel with said North right-of-way line of said Highway 70 fifty ($0') feet to a point on the Bast line of said Section Eleven (11) eight hundred seventy-two (872') feet to the point of beginning, containing one (1) acre; be and the same are hereby annexed and incorporated into the City of West Memphis, Crittenden County, Arkansas, Accounts Payable for November, 1958, were presented as follows: General Fund $9,698.31 Street Improvement Fund 1,835.114 West Memphis Library Fund 871:.85 After discussion, motion was made by Alderman Roleson and seconded by Alderman Bledsoe: That the accounts presented be approved, and authorize, ratify, and/or con~"irm payment of the following: GENERAL FUND GENERAL FDND - CONTINUED Director Internal Rev. $1,275.70 L. Roleson $50.00 Arlo. State Treasurer 11.46 0, Bollinger 50.00 H. B. Price 12.D6 R. Eden 50.00 D. Steven 189.85 B. David 50.00 HawY.ins Eqpt. 500.00 J. Himes 50.00 J. 0. Hale, Chairman 36.00 Y. Sims 50.00 J. B. Harlow 165.00 A. Harris 300.00 Matthews Glass 781.50 S. Smith 175.00 Southwestern Bell 364.09 R. Herr 125.00 S. Parker 106.25 J. Harris 75.00 C. Ferguson 102.50 J. Greene 7$.00 K. Wallace 71.50 E. Rubens 312.50 J. Allen ]117.10 J. Hillencamp 232.90 C. Bassett 175.38 B, May 125.00 YT, Billings 147.10 G. Hopper 81.25 C. Byrd 152.76 H. Holland - Meals 906.15 v. Cagle 1111.66 H. Holland 412.50 0, Graves 175.38 J. Allen 138.55 E. Jarman 152.76 C. Bassett 165.19 B, Keen 147.10 W, Billings 138.55 J. G. Moore 147.10 C. Byrd 143.88 L. McCulley 152.76 C, Graves 165.19 V. Rominas 199.82 E. Jarman 143.88 J. Sparlanan z 1!11.66 B, Keen 138.55 L. S~r3.tzer 1111.66 J. Moore 138.55 W. Thompson 1111.66 L. McCulley 143.88 M, Ward 147.10 V, Romines 178.66 K. Tv11os 1111.66 J, Sparkman 133.33 S. 9nith 175.00 L, Switzer 133.33 R. Herr 125.00 W, Thompson 133.33 J. Harris 75.00 M. Ward 138.55 B. May 125.00 K, Tv11os 133.33 G. Hopper 81.25 J. Howell 300.00 W, Perrine 260.00 B. Ellison 170.00 J. Howell 300.00 M. Hightshoe 90.00 B. Ellison 170.00 V. Frazier 68.00 J. Mallory 1110.00 Mrs. D, Hightshoe 13.00 J. Mallory 37.50 W, Perrine 200.00 A. Hodges 25.00 Mrs. G. Lahr 75.00 E. Anderson 212.16 T. Stacy 30.00 S. Berryhill 141.44 A. Hodges 25.00 T, Burkhart 1117.10 E. Anderson 199.83 o. Carpenter 141.44 S. Berryhill 133.22 W, Darby 154,06 T. Burkhart 138.55 0, Hatton 175.38 0. Carpenter 133.22 W, Kaplan 147.10 W. Darby 154.53 0. Kirkdof£er 147.10 0, Hatton 165.19 J. Landrlml 1117.10 W. Kaplan 138.55 J. Lewis 1117.10 0. Kirkdoffer 138.55 A. McKay 1$2.75 J. Landrum 138.55 J. Moore 147.10 J. Lewis 138.55 C. Powers 1117.10 A. McKay 1113.88 0. Rushing 147.10 J. Moore 138.55 S. Russell 147.10 C. Powers 138.55 J. Scott 1117.10 0. Rushing 138.55 R. Si.rrmlons 147.10 J. Scott 138.55 W. Harris 105.75 R. Simmons 138.55 E. Hale 99.88 S, Russell 138.55 W, jjill 88.40 W. M. Fire Dept. 18.00 W, Wilson 88.40 W. M. Industrial Fvnd 62.00 R. Baker 88.40 0. Bollinger 42.40 C. Mosley 104.40 Ark. Municipal League 135.00 J. McCullar 98.60 A. Harris, Gi.ty Att. 60.00 J. Pulliuam 88.40 A. Thomas, Inc. 600.00: W. Gannaway 88.40 C. M. xospital 37.5C R. Jordan 88.40 W. M. Industrial Fund 1.00 T, Mosley 104.40 S. Parker 101.15 J. Watson 98.60 C. Ferguson 94.00 E. Hill 88.40 K. Wallace 64.50 A. Nolan 88.40 W. Harris 103.05 J. Nelson 88.40 E. Hale 97.33 E, Lee 104.40 W. fill 87.13 L. Dawson 98.60 W. Wilson 87.13 F. Jones 88.40 R, Baker 87.13 A. Brown 88,40 C. Mosley 103.05 H. Granger 88.40 J. McCuller 97.33 Hawld.ns ggpt, 500.00 J, Pulliam 87.13 Midsouth Gas 156.06 W, Gannaway 87.13 H. Price, Mayor 300.00 R, Jordan 87.13 5 Mill Ad Valorem Tax 29,594.44 T. Mosley 103.65 Street Improvement Fund 8.889.89 J. Watson 97.33 W. M, Public Library Fund 5,918.89 E. Hill 87.13 L. Lincoln, CD Director 16.74 A. Nolon 87.13 H. Price 400.00 J. Nelson 87.13 C, DaGraff 50.00 E. Lee 103.05 F. Owen 50.00 L. Dawson 97.33 R. Ray, Jr. 50.00 F, Jones 87.13 J. Bledsoe 50.00 A. Brown 87.13 x. Granger 79.90 STREET IMPROVEMENT FUND Director of Internal Rev. X189.70 G. Ferguson 150. D0 G. Burkhead 100.00 J. Kelley 1,32.50 H. Rushing 147.50 i4. Kemp 132.50 J. Warren 200.00 E. Arnold g7.~ rt. Williams 87.13 T. Robertson 87.13 C. Blount g7,~ G. Hopkins 87.13 J. Dabner 87.E W, S+Filliams 87.13 C. Riley 108.38 S. Gibson 87.13 R. Wardlow 67.13 Business Mons Assurance 76,17 Business Alens Assurance 296.04 W. M. Industrial Fund 16.00 G. Ferguson 150.00 G• ~'~~ 100.00 J. Rally 142.70 H. Rushing 11:7.50 J. Warren 200.00 E. Arnold 87.13 M. Williams 61.63 T, Robertson 87.13 C. Blount 87.13 G. Hopkins 87•~ R. Wardlow 87,E J. Dabner 87.13 W. Williams 87.13 C, Riley 109.65 S. Gibson 87,E M. Kemp 142.70 Bank of West Alemphis 1 733.33 FIREMEN~S PENSION & RELIEF' FUND L. Harrell $102.02 W. Murphy 175.00 Upon vote, the voting was as follows: Yea: Aldermen: Eden, Rimes, Ray, Roleson, Sims, Bledsoe, and Bollinger. Nay: None. Mayor Price presented the following Schedule of Salaries for members o£ the Fire Department: Starting Salary for Firemer shall be $250.00 per month unless changed by the A4ayor and City Council. Following is a suggested pay scale, if adopted shall be the monthly salary fireman may receive based on the rank or position they hold on the department. When firemen have served the required time on the Department to receive top pay it shall remain unchanged unless there is a vacancq,and a Fireman or firemen qualify for the promotion, then said fireman shall receive the salary attached to that rank. If For any reason there is a blanket raise for firemen after the pay scale is approved such raise shall apply to all ranks and positions. Pay scale by rank and position: Chief ,420.00 Assistant chief 5355.00 Captain $325.00 Lieutenant 5305.OC Driver $295.00 Roseman 1st. 6 Months 5250.00 Roseman 2nd 6 Months 5260.00 Roseman 2nd Year 5272,50 Roseman 3rd Year $287.50 After discussion, motion was made by Alderman Ray and seconded by Alderman Roleson: That the schedule of salaries for members of Fire Department effective January 1, 1959, be approved as presented. Upon vote, the voting was as follows: Yea: Aldermen: Eden, Rimes, Ray, Roleson, Sims, Bledsoe, and Bollinger. Nay: None. The following ebhedule o£ Salaries for members of the Police Department was presented,: Chief H. 'D. Holland 5420.00 Month Assistant Chief Rominea 400.00 Capt. Graves 340.00 Capt. Bassett 340.00 Capt. ~, 340.00 sgt• $305.00 sgt• .305.00 sgt. 305.00 Pty. 290.00 Pt~• 290.00 ~~• 290.00 ?'~~• 290.00 Pt~• 290.00 Ptlm. Switzer 26C,00 Ptlsn. Sparkman 260.00 Ptlm. Tullos 275.OC (2 year) " 280.00 (2nd ) ;,: After discussion, motion was made by Alderman Rimes and seconded by Alderman Bledsoe: That the schedule of salaries for members of Folice Department effective January 1, 1959 be approved as presented. Upon vote, the voting was as follows: Yea: Aldermen: Eden, Himea, Ray, Roleson, Sims, Hledsoe, and Bollinger. Nay: None. Mayor Price informed the Council the next regular Council Meeting would be on January 1 1959, a legal holiday. The Council Meeting was then set for January 8, 1959. Alderman ~y suggested to the Council that the meetings be changed from afternoon until night meetings, after discussion, meetings of the Council xere designated to beheld at 7:30 P. M. on the 1st and 3rd Thursday of each month effective as of January 8, 1959. City Attorney Atlee Harris presented the following opinion for Annexation of territory by submitting question oP annexation to qualified electors o£ the City: Mayor and Members of the Council , City of West Memphis, Arkansas Re; Annexation of territory by submitting question of annex- ation to qualified electa•s of the City. Gentlemen: In compliance with your request for an opinion, I find the following as to annexation of territory by action of the Council and vote of the qualified electors: The territory desired to be annexed must be contiguous territory. (Contiguous means it must be joined on to and be ad3acent to the present city li:rd.ts) and be in the same county. The Council of the Monicipality may pass an ordinance submitting the question of annexing the proposed. territory to the qualified electors at least one (1) month before the annual election. There must be an accurate legal description of the territory to be annexed in the ordinance. The ordinance must be published at least one month before the City General Election. The question of annexation of territory may only be submitted to the voters at the city or town general election. (Not a special election) If a ma3ority of the noes cast on the question shall be in favor of annexation, the city or town government shall present to the county court a petition praying for such annexation. The vote of a town makes a prima facie case for annexation; which means the burden of showing sufficient cause against annexation is upon the opponents of the annexation. The petition of a citq to the County Court must have an accurate legal description of the territory to be annexed, together with an acxurate map or plat thereof. This description should be the same as the one used in the ordinance submitting the question to the voters. The petition £or annexation, and the map or plat attached thereto, are then presented to the County Court and filed in the office of the County Clerk for action upon by the County Judge, The necessary sad proper procedure for annexation proceedings by Municipality for annexation of territory by vote of qualified electors at a regular election is set out in Sections 19-307, 19-101, and 19-103 of the Arkansas Statutes of 191:7. Yours very truly, /S/ ATLE~ HARRIS City Attorney No further business appearing before the Council, motion was made by Alderman Bledsoe and seconded by Alderman Rimes to ad~ovrn. Upon vote. the voting was as follows: Yea: Alderm~xt: Eden, s, Ray, Roleson, Sims, Bledsoe, and Bollinger. _ Nays Non :~' f' ; ", A .~ : CLERK S-k~ .... _v ~ ~ . /, ' I~7 .rMA~