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February 18, 1960~'~ MINUTES OF REGULAR MEETING OP THE CITY COUNCIL OF THE CITY OF WEST kSEMPHIS, ARKANSAS, ----IlELD_.AT.SIIE_CSTY HALL_IDL.SBIILLITY_QN TFTn 1RTH MV t: cF~R eRV~t F'1 nm 3,nn n _ On the 18th day of February, 1960, the Council of the City of West hlemph>s, Arkansas, met in the City Hall in sai3 City in regular session, The meeting was j called to order at 3:00 P.M„ and on the roll call the following members of the Council were found to be present: Aldermen: R. H, Ray, Jr „ L, E. Roleson, C, H, Rowton, Y, G, Sims, O. I, Hollinger, R. C. Bowie, and Bob Eden; and City Attorney W. Ii, Dillahunty, Absent: Alderman B. J, David. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Meeting on February 4, 1960, were approved as read. Notice of Hearing on petition of Jim hicAlexander and Glen Arnold to rezone Lots 8, 9, 10, 11, Block 14, Worthington Park Addition from "A" Residential to "D" Commercial published on February 2, 1960, was read. No one appeared to protest said rezoning, thereupon, Alderman Rowton introduced an ordinance entitled "An Ordinance For The Purpose Of Rezoning Certain Real Hstate In Worthington Park Addition To The City Of West Memphis, Arkansas: Declaring An &nergency; And For Other Purposes," which was read in full by Alderman Roleson. Alderman Sims 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 Bollinger and on the roll being called the voting was as follows: Ayes: Aldermen: Ray, Roleson, Rowton, Sims, Bollinger, Bowie, Eden. Nays: 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 Eden then moved that the ordinance as read be adopted. This motion was duly seconded by Alderman Bowie, and on the roll being called the voting was as follows: Ayes: Aldermen: Ray, Roleson, Rowton, Sims, Bollinger, Bowie, Eden. Nays: None. The Mayor declared that the ordinance had been adopted, and then called attention to the fact that Section 4, the emergency section, must be adopted upon a separate roll call in order to be effective. Alderman Ray then read Section 4 again. Alderman Rowton moved that Section 4 be adopted. This motion was duly seconded by Alderman Roleson, and on roll call the following voted: Ayes: Aldermen: Ray, Roleson, Rowton, Sims, Bollinger, Bowie, Eden. 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 NO, 379 AN ORDINANCE FOR THE PURPOSE CF REZONING CERTAIN REAL ESTATE IN WdRTHINGTON PARK ADDITION TO THE CITY OF WEST MEhiPIIIS, ARKANSAS: DECLARING AN EMERGENCY; AND FOR OTHER PURPOSES, WHEREAS, a petitionwas filed with the City Planning Commission and the City Council' of the City of West Memphis, in Crittenden County, Arkansas, by Glenn Arnold and Nancy Sue Arnold, and James E, h1cAlexander and wife, Elizabeth Sue McAlexander, the owners of the hereinafter-described property praying that said property be rezoned as set out in the petition; WHEREAS, the said City Planning Commission, after a hearing in a regular meeting of said Commission held on January 14, 1960, in accordance with the laws of The State of Arkansas and the ordinances of The City of West Memphis, recommended to the City Council of said City that said petition be granted: ~V[DiREAS, a notice was duly published on the 2nd day of February, 1960, in a local newspaper of general circulation, as required by ordinance No. 165 of said City, stating that on the 18th day of February, 1960, at 3:00 P.M „ a public hearing would be held by the City Council of The City of West Memphis, Crittenden County, Arkansas, in the City Hall in said City for the purpose of taking action upon said petition and calling upon all perscas having objections to such rezoning of said ;property as D Cum~zier r. ;.: District 'ro appear at said hearing so that *_hey _aioht be heard; and WHEREAS, no person expressed :, desire to be hear 3; or was heard, or made an or appeared at said hearing to make any objection to such rezoning of said Council finds that said Y Protest, petition should be granted and said lands should be prezoned asdrequesEed; NOW, TfIEREFURE, BE IT 0RD4INED by the City Council of the City of West Memphis: Section 1, That the following-described lands, located in said City: All of lots 3, 9, 10 and 11, Block 14, Worthington Park Addition to the City of West Memphis, Arkansas now zued as "A" residential district be, and the same are hereby rezoned as "D" District, Commercial Section 2, Allresolutions, ordinances and parts of ordinances in conflict herewith are hereby repealed, Section 3, A copy of this Grdinance, when duly certified by the City Clerk, shall be entitled to be filed and recorded in the Office of the Circuit Court Clerk and Ex- Recorder within and for Crittenden County, Arkansas. officio Section 4, EMERGENCY CLAUSE, It is found and declared b because of the need of coordinated, adjusted, and harmonious zoningeofllandsuwithinhthe City of West Diemphis, and particularly the lands hereinbefore described, in accordance with a proper City plan, it is necessary for the preservation of the public peace, health, and declaredhandtthisOUrddinancebshall befintfull forcetandleffecthimmediately upongandyafter its passage, :t,r*~**~*~ Notice of Hearing on petition of John Massey and Miriam Massey to rezone Lots 28, 29, and 30, Block 35, Kendal Addition from "A" Residential to "F" Light Industrial published on January 29, 1960, was read. No one appeared to protest said rezoning, thereupon, AldermanSims introduced an ordinance entitled "An Ordinance For The Purpose Cf Rezoning Certain Real Estate OthernPurposes,~'1whichlwashreadtin0fu11sbyMAldermanABollinger,Declaring An Emer enc g Y; And For Alderman Eden 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 Bowie, and on the roll being called the voting was as follows: Ayes: Aldermen: Ray, Roleson, Rowton, Sims, Bollinger, Bowie, Eden, Nays: 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 Ray then moved that the ordinance as read be adopted. This motion was duly seconded by Alderman Rowton. and on the roll being called the voting was as follows: Ayes: Aldermen: Ray, Roleson, Rowton, Sims, Bollinger, Bowie, Eden. Nays: None, The Mayor declared that the ordinance had been adopted, and then called attention to the fact that Section 4, the emergency section, must be adopted upon a separate roll call in order to be effective. Alderman Roleson then read Section 4 again, Alderman Sims moved that Section 4 be adopted, This motion was duly seconded by Alderman Bollinger, and on roll call the following voted: Ayes: Aldermen: Ray, Roleson, Rowton, Sims, Bollinger, Bowie, Eden, Nays: None. passedheandythereuponeheasianedathehordinancecinaopenhCouncilemeetingtlhishsignatureuwas attested by the City Clerk under the seal of the City, The ordinance read as follows: ORDINANCE NO. 380 AN ORDINANCE POR 17lE PURPOSE OF REZGNING CERTAIN REAL ESTATE IN KENDAL SUBDIVISION IN THE CITY OF WEST MEM1B?HIS, ARKANSAS: DECLARING AN EMERGENCY; AND FUR OTHER PURPOSES. WHEREAS, a petition was filed with the City Planning Commission and the City Council of the City of West Memphis, in Crittenden County, Arkansas, by John Massey and Miriam F. Massey, husband and wife, as the owners of the hereinafter described property praying that said property be rezoned as set out in the petition; WHEREAS, the said City Planning Commission,after a hearing in a regular meeting of said Commission, held on January 14, 1960, in accordance with the laws of the State of Arkansas and the ordinances of the City of West Memphis, recommended to the City Council of said city that said petition be granted; WHHREAS, the City Council of the City of West Memphis, in its regular meeting held on January 21, 1960, set the public hearing on said petition for February 18, 1960, at 3:00 o'clock p.m., and , WHEREAS, a notice was duly published on the 29th day of January, 1960, in a local newspaper of general circulation, as required by Ordinance No. 165 of said city, stating that on the 18th day of February, 1960, at 3:00 o'clock p.it., a public hearing would be held by the City Council of the City of West Memphis, Crittenden County, Arkansas, in the City Hall in said city, for the purpose of taking action upon said petition and calling upon all persons having objections to such rezoning of said property as F Industrial District to appear at said hearint to make known their objections and notifying all other interested persons to appear at said hearing so that they might be heard; and WHEREAS, no person expressed a desire to be heard, or was heard, or made any protest, or appeared at said hearing to make any objection to such rezoning of said property and the Council finds that said petition should be granted and said lands should be rezoned as requested; NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of West Memphis: Section 1. That the following described lands, located in said city: Lots Twenty-eight (28), Twenty-nine (29), and Thirty (30) in Block Thirty-five (35) of the George T. Kendal Subdivision to the City of West Memphis, now zoned as "A" Residential District be, and the same are hereby, rezoned as F Industrial District. Section 2. All resolutions, ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 3. A copy of this Ordinance, when duly certified by the City Clerk, shall be entitled to be filed and recorded in the Office of the Circuit Court Clerk and Ex-Officio Recorder within and for Crittenden County, Arkansas. Section 4. EMBRGENCY CLAUSE. It is found and declared by the City Council that, because of the need of coordinated, adjusted, and harmonious zoning of lands within the City of West Memphis, and particularly the lands hereinbefore described, in accordance with a proper City plan, it is necessary for the preservation of the public peace, health, and safety that this Grdinance become effective without delay. Therefore, an emergency is declared and this Ordinance shall be in full force and effect immediately upon and after its passage. ~*** Building application of Fred Whitten to construct and convert south side room into a flower shop at 359 N, iVorthington was presented, Minutes of Planning Commission Meeting on February 11, 1960, recommending the application be denied were read. Mayor Price explained the City is in the process of having a new Planning Program prepared and Mr. Erling Helland, the Planning Consultant, has stressed the importance of not permitting businesses in residential areas and vice versa. The regulations governing operation of home occupations in an "A" residential area were discussed. After statements were made by Mr, and Mrs, F. Whitten, Bill Seaton, and members of the Council; Mayor Price requested a vote on the question of approving or denying the application as presented. The voting was as follows: In Favor of approving the application - No Votes. That the application be denied - Aldermen: Ray, Role son, Rowton, Sims, Bollinger, Bowie, and Eden. Application of hisses Ruth and Geneva Hodges to construct four rooms and bath brick veneer residence at 608 N. Alissouri was presented, Minutes of Planning Commission Mieeting on February 11, 1960, were read, The Council was advised the City Building Inspector had rejected the application as is in a restricted fire zone. After discussion with Miss Geneva Hodges, motion was made by Alderman Roston: That the application be denied as in violation of Grdinance No. 375. The motion was seconded by Alderman Bowie, and the following vote was recorded: Ayes: Aldermen: Ray, Roleson, Rowton, Sims, Bollinger, Bowie, Eden. Nays: None, 3r f~ ___ _ __ _ -'-_ f _ __. _,__ ._--_ .. Accounts payable for January, 1960, were presented. After discussion, motion was made by Alderman Ray that the accounts payable for January, 1960, be approved as presented and filed, and authorize, ratify, and/or confirm payment of the following: GENERAL FUND City of West Memphis Payroll Account H, B, Price R, Hopper Russell Tractor Director Internal Ark, State Treasurer Firemen`s Pension W. K, Ingram Construction H, D, Holland D, Hopper City of West Memphis Payroll Account Business Men's Assurance H, B, Price, Mayor J. L, Loftin Nlrs, G. Lehr Russell Tractor Arkansas Paint American LaFrane Akron Brass Burnett Truck Lines Callaghan & Co, Crittenden Insurance Co, Crittenden Memo r$1 Hospital City Gulf Service Crittenden Publishing Ibuglas Typewriter Esso Standard Fabric Fire Hose Farmers Hardware Finley Electric Garrett Hardware N, S, Garrott, Jobber Goodyear Service Hamilton Clinic Hawkins Eqp, Co, Holland Motor Co, Intoximeter Association Independent Linen Johnson Auto Keyes-Davis Co, McCaa Chevrolet Memphis Photo Supply Meriwether Apothecarey MidSouth Gas McKay Plumbing Midwest Auto Parts Mills-Morris Co. Motor Supply May Plumbing J, L, Montgomery National Institue of Municipal Law Officers firkin Exterminating Ozburn-Abston & Co, Pure Gil Co, Royal McBee Corp, Bob Sterling, Reporter Sam Saig & ions St, Francis Motor Co, Southwestern Bell Texaco Inc, A. J. Thomas, Inc, University of Arkansas C. J, Upton & Co, Wallin-Dickey & Rich Wolf Tailoring White Rose Laundry W, M, Tourist Court W. M, Machine Shop W. M, Veterinary Hospital $8,623.58 200,00 5,00 300,00 1,625.40 2,252,14 689,88 680,00 973,00 5,00 10,199,35 402, 90 45,17 4.00 75,00 300,00 2, 97 18,39 2 94.06 21, 95 50,00 152,40 7,00 4.05 683,85 8,50 124,16 635,00 8,53 70,38 13,53 1,529,86 67,45 2,00 157,32 71,04 163,14 7.10 328,70 18,14 705,01 9, 00 13,40 413,76 118,00 1.57 27,40 62,72 59,75 14.99 47,50 45,00 66,77 22.80 86,56 35,00 671.15 2,80 341,74 27,37 ,55 3,000,00 197,56 1,238,23 25,50 41,16 2.50 11,09 91,50 STREET DEPARTMENT $1,366.51 204.60 637.42 1,595.48 96, 94 19.22 327.87 137.89 43.75 7.13 48.50 106.25 563.20 98.70 95.77 31,88 25.20 312,50 38.63 9.63 44.57 3262 4.12 270,53 41.53 15.50 City of West Memphis Payroll Account Director of Internal Rev Ark. State Treasurer City of West Memphis Payroll Account Business Men's Assurance Ark. Paint & Mass Asphalt Products Choctaw Inc, Delta Chemical Parmers Hardware Hall Sign & Post Co, Hawkins Eqpt, W. S, Jordan Gravel King Chemical Co. A1cCaa Chevrolet May-Graves-McCaa Memphis Machine Works Memphis Stone & Gravel MidSouth Gas Mills-Morris Co. Miro-Flex Motor Supply Nationas Ready Mix J, A, Riggs Wallin-Dickey & Rich West Memphis Welding Shop iPEST MEMPHIS PUBLIC LIBRARY Ark, State Treasurer City of West Memphis Payroll Account Business Men`s Assurance Baker & Taylor Co, Memphis News Company New Method Book Bindery Southwestern Bell Telephone 45.27 218.05 8.42 22.81 8.97 24.89 17.51 FIREMEN'S PENSION & RELIEF Odis Ball W. Murphy $50.00 175.00 The motion was seconded by Alderman Role son, and the following vote was recorded; Ayes: Aldermen: Ray, Roleson, Rowton, Sims, Bollinger, Bowie, Eden, Nays: None. Fire Chief Elmo Anderson presented the annual report of the activities of the Fire Department for 1959. The Department was commended for its operation in 1959, and the report ordered filed. City Attorney Dillahunty informed the eouncil~in endeavoring to obtain the history of Acts 2, 9, 10 passed by the extraoalinary session of the Arkansas Legislature he had conferred with a person that was instrumental in the passage of the Acts and others as to interpretation; and it is his opinion that before the City could call for an election there would have to be a specific industry interested and ready to locate in S4est Memphis, and then submit to the public the specific amount and full details under the Acts for approval or disapproval. No further business being presented, motion was made by Alderman Bollinger to adjourn, the motion was seconded by Alderman Rowton. The voting was as follows: Ayes: Aldermen: Ray, Roleson, Rowton, Sims, Bollinger, Howie, Eden. Nays: None. The Mayor declared the meeting adjourned. ' L_ _ _7--~ _ 1 ATTEST_~/,~.~~. CITY LH APPROVED: MARCH 3. 1960 ,/ ~[ l ~. MAYOR