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December 3, 1959~~ i'4IPbL"PES OF =iEGULAR '~EETIIdG GF THE CITY COJIQCIL CF 'rT7r. CITY OF rly'ST P~I'4PhTS, HRKAPiSAS, ____ HELD AT TIC CITY MALL IN SAID CITY ON THE 3RD DAY CF DECEiI~R 1959 AT 00 P.;I, -------- r-- ---- ----------- a _ -__- -~ - _ --°----- --- d On the 3rd day of December, 1959, the Coimci'_ of the City of West Picmphis, Arkansas, met in the City Hall in said City in regular session. The meeting was ! called to order at 3:00 P,M,, and on tre roll call the following members of the Council were found to be present: _ Aldermen: nob eden, R, H. Ray, Jr,, Y. G. Sims, James Bledsoe, and B, J, David; and City Attorney b1, H. Dillahurty. Absent: Playcr H, B, Price, Aldermen L, E, Roles on, 0, I, Bollirber, and ~. E. Himes. It being determined a quorum was present, the following proceedings were had to-irit I-:otion was made by Alderman Ray: That in ab,er,ce of Playor ?rice, Alderman James Bledsoe be elected as President Pro Tempore i.n accordance with Grdinance No. 219, The motion eras seconded by Alderman David, and the following vote ores recorded: Ayes: Aldermen: Eden, Say, Sims, and David, Nays: Gone. ^'iinutes of Council i•leetirgs on Plocember 19th and 27th were approved as read.. President Pre Tempore announced the first order of business :could be hearing on rezoning of hest One Hundred. Twcrty-five Feet of Lots 3, L, 5, 6, 7, 3, and 9 of Block 181 of the George T. Kendal Subdivision, Piot-_ce published in the Evening Times of ?lest "4emphis on November 9, 1.959, was read by City Attorney Dillahunty. No one appeared to object to said rezoning, thereupon, an ordinance entitled "An Ordinance Fcr '"he Purpose cf Rezoning Certain Rml Estate in Kendal Addition To The City Of GTest I;emphis, Arkansas: Declaring An Emergency; And For Other Purposes" was read. After discussion, motion :•ras made by Alderman fay: That the first reading of the rezoning ordinance be approved, The motion was seconded by Alderman Eden, and the following vote t-ras recorded: Ayes: nldc'rmen: Eden, Ray, Sims, a.nd David. Plays : Gone . Alderman 0. I. Bollinger made a delayed appearance at the meeting. City Attorney id, H. Dillahunty informed the Council a P~solution and Agreement between the City of West ?":em^his and Drainage District ~ and Drainage District 2 of Crittenden Ooanty for the Ten 'rule Bayou Project had been urepared for the Courcil~s consideration. 'Phe 3esclution and Agreement were read as fellows: ..E SCLL'TI OI1 ~nTf~P^SS, the City of West :emphis is located entirely within the boundaries o£ Drainage District No, b, Crittenden County, Arkansas; and, ^TIIrP?'AS, the original and principal outlet o£ said Drainage District ivo. u is through a stream known as T'en _Mile Bayou; and, Y~I~~.r'iEAS, the principa'_ drainage for most of the drains in the City of rTest Piemphis is through the said Ten AIi'_e Bayou; ard, WI-~REAS, the flow o,, the stream of Ten .Mile Bayou is seriously impeded by bars, fills, brush, trees, gro-"rth, snags and other obstructions; and, ?d;-T;kc^AS, the 8orps o_' Dngineers of the Unite3 States of America has avalable funds for clearing and. snagging ti:e channel of Ten P~ ie Bayou and for the enlar~erent and reconstruction of a natural ':.rain or bayou running through Drainage District i~lo, b and Drainage District Pdo, ^c of Crittenden County, Arkansas, from Ten Plile Bayou to Fifteen P~1ile Ba~•ou as an outlet for Ten Piie Bayou, with "roper local sponsorship and the furnishing of right of way; and, WfIrREAS, said Drainage District IJo, .5 has been unwilling to sponsor such project unless Drainage District lQo, 2 would join in the sponsorship thereof and unless easements for right of way therefor :.., furnished ,~r_thout payment of damages or consideration by the Districts; and, WIfEFiF,AS, Drainage District P.o. 2 has indicated its willingness to joir. in such sponsorship; and, rrTI~P,EAS, the City of West .:cmphis is wi'?irg to assure sa$d Drainage District No, r and Drainage District Pio. 2 that easements for such right of way will be so obtained; ~~ Ndwd, T?~;~EFOBE, ~ I!' ?.c°OLTaLD that the N:ayor of the City of :Jest Memphis be, and he is hereby authorized and directed to enter into such agreement with the Comr!issioners of Drainage District AIo. o and Drainage District iv o. 2 0£ Crittenden County, Arkansas, as shall satisfactorily assure them that easements for right of way for the clearing and snagging o£ the channel of Ten Nile Bayou and the enlarge- ment and. reconstruction of the bayou hereinabove described (knovm as Dry Bayoul will be obtained and furnished „ri.thout the payment of da.:.ages or any other consideration by either Drainage District Ido.c or Drainage District ido. 2 and to do all things necessary to carry such agreement into effect. BE IT FTJ:.TI~~ °E~OL:'~'D that this Council agrees and binds itself to approTaiata such _°un3s as may be necessary to be et~endod in the carrying out of said agreement. AG ~DEiIE IJT wCP.EF.WidT made this day of December, 1°59, by and between the City of ;hest I^'emphis, Arkansas, Drainage District :do. of Crittenden County, Arkansas, and Drainage District Ito. 2 of Crittenden County, Arkars as, wherein it is mutually agreed as Follows: In consideration. of the mutu.a]. benefits to be derived by each of the contracting parties From the clearing and snagging of the portions of the channe 1 of Ten Idle 3ayou and the enlargement and reconstruction of a certain natural drain or bayou (}mown as Dry Bayou) to provide an outlet from Ten Nile Bayou intc Fifteen file Bayou, by the Corps of engineers, J, S, Army, and the joint participation o£ the contracting parties in such project, it is agreed.: 1. Drainage District No. ~ and. Drainage District No. 2 of Crittenden County, Arkansas, shall act as local sponsoring agencies for such project and upon the completion of the same shal]. maintain it as a cart of their drainage system pursuant to applicable Arkansas statutes; 2. The City of ?'Jest .`.omphis, Arkansas, shall, without cost to eit}er Drainage District No. 5 or Drainage District Ido. 2 of Crittenden County, Arkansas, obtain all easements fcr the right of way whic'r. shall be required For the construction or maintenance of such project. S4:ch easements shall be acquired i.n the name of wither Drainage District No. 2 or Drainage District PIo. 5 of Crittenden County, Arkansas, in which the lands described therein shall lie; and in the event it becomes necessary to procure such right of *aay by the e;eercise of the right of eminent domair_ the City of 'lest I?emphis agrees to pay all expenses necessarily i_rcurred in the Prosecution o£ such suits, other than the attorneys Fees of the attorneys for the Districts, and to pay an}> assessments of damages or other compensation in favor cf the land owners. Es.ecuted in quadruplicate, each of :,rhich shall be considered an original, the date first above mentioned. CITY OF :BEST .:lEl;r" ARrAidSA3 ATT u~t~:~~ .~:-~ . C_ i.. _. J _~-~ :1::~ DIET ~II.T ^dC• ~ ~F C~T+~P1D^1'I v17~11TY, ~~II`.tilJ~'Hv BY: ~• ~/• =ie Yt~~. F. ~. 3ubbard .,. ~. L'JILLtc COi~L~iI33IC'~ a l:iPIAGE DISTRICT ido. 2 OF "R~ ~P,ITN JOL''?TY, AR'dAIISAS BY: V. ,_. OT1Q .. .. abbe r~'ter =u11 uiscussion of the 3esolutien and Agreamert, also rrevious Agraements entered into bt. the C - for the r_c;;ect o_ hearing and snagging Ten Pule BaSrou, moticn was made: by Alders a, den: That ti:e Resolutior. as rear, be adopted, and the Mayor and City Cierl: be and they arc haraby authc°i~eJ to execute s _ear..ent. ';he moticn was seconded by ago ::gr Al~~erman Sires, an~~ the .oll.oiaing vote was recordeu: Ayes: Aldermen: Eden, Ray, Sines, Davin, and HolLnge^. I@ays: hone. City .tttorx:ey Jilia:!!~.1nty brought ~o the Council's attentier. the disagreen;ants rac: v.*it'r_ the i~:'_-ans ILiginaay Cemm_ssion as tc construction by t::^:e 'righway* Con-;missio^: involving dedicated streats in the City . The Council was iiL ormed a hea_^ins r~ L ba neici ir, iiti',.e 'rods on Decer'~e_r °ih tc ascerta_.n the rights of 'she Cit~* t•zit° reiarencF tc corst_^action b~, the F,igh.,*ay Cem~,•_ssion. V There being ro '~Lther bus-Hess to come be_eore the meetir~ ~lde_rr•:ar _zy r.oved t'!,e mezting adjnu^r_, wtLic}~; motior. was duly seconded 'o- ~"~lderr~?r Da~~d, anu~tha fella:=ng reta was recordeu: eyes: -47~iermen: :Crier., wry, Sims, Da~dcL and Bcllinga .TJaya r tdon_:. -resident fro Tempore Bledsoe declared the meotin_ ~_journeci. !:TT~ST / ~ /, /~ Ci,. $FFt?O~,rEL~: DECEMBER 17, 1959 - ~-4~K / ,