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August 4, 1960~~ MINUTES. OF A REGULAR MBfiTING OF THE CITY COUNCIL OF TH6 CITY OF WEST MEMPHIS, ARKANSAS, HEL~AT_THE-CITY HeT~_LN SAID_..C_~T~~=THj~aTFL_ibY_OS? anrsicr ion p_~a n~.~~n~,~ _--------___ On the 4th day of August, 1960, the Council of the City of West Memphis, 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 the roll call the following members of the Council were found to be present: Aldermen: L. H. Roleson,. Y. G. Sims, O. I. Ho211nger, Bob Eden, and J. F. Lackey, and R, H. Ray, Jr; and City Attorney W. H. Dillahunty. Absent: Aldermen: C. H. Rowton, R. C. Bowie and Mayor H. B. Price. It being determined a quorum was present, the following proceedings were had to-wit: City Attorney Dillahunty informed the Council a Mayor Pro Tempore should be elected due to the absence of Mayor Price. Thereupon, motion was made by Alderman Roleson: That Alderman Hob Eden be elected Mayor Pro Tempore. The motion was seconded by Alderman Ray, and the following vote was recorded: Ayes: Aldermen: Roleson, Sims, Bollinger, Lackey, and Ray. Nays: None. Minutes of Council Meeting on July 21, 1960, were approved as read. Alderman Rowton made a delayed appearance at the meeting. City Attorney Dillahunty informed the Council Notice Of Filing of Petition and Hearing on vacating an undedicated road had been published on Julq 13th and 20th for a hearing on this date. Mayor Pro Tem Bden requested anyone objecting to vacating said road present their objections at Chia time, no one appeared to protest. Alderman Ray introduced the ordinance which was read in full by Alderman Lackey: Alderman Bollinger then moved that the rule requiring the reading in full of an ordinance on three different dogs be dispensed with. The motion was seconded by Alderman Sims, and on the roll being called the voting was as follows: Ayes: Aldermen: Roleson, Rowton, Sima, Bollinger, Lackey, and Ray, Nays: None. Pro Tem 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 duly seconded by Alderman Rowton, and on the roll being called the voting xas as followai: Ayes: Aldermen: Roleson, Rowton, Sims, Bollinger, Lackey, sad Ray. Nays: None. Pro Tem 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. Alderman Ray then read Section 3 again. Alderman Lackey moved that Section 3 be adopted. This motion xas dulq seconded bq Alderman Sima, snd on the roll call the following voted: Ayes: Aldermen: Roleson, Rowton, Sima, Bollinger, Lackey, and Ray, Nays: None. The Mayor Pro Tem then declared that the ordinarnre,,pnd 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 Citq. ORDINANCE N0, 392 WHBREAS, a petition was duly filed with the City Council of the City of bleat Memphis, Arkansas, on the 16th day of June, 1960, asking the Citq Council to vacate and abandon a certain undedicated road from the point where it intersects the Hast line of the Planters Compress Company, Inc., property to the point where the same intersects the bleat line of the property of the Planters Compress Company, Inc., in the Southwest portion of the City of West Memphis, Arkansas, hereinafter more particularly described. WHEREAS, after due notice as required by law, the Council has, at the time and place mentioned in the notice, heard all persons desiring to be heard on the question and has ascertained that the street, or portion thereof, hereinafter described, is an undedicated road, that there is no longer any need for the maintenance of the same. That said road is unimproved. That the convenience and necessity of the public will not be affected adversely if said road is closed. That the existence of said road constitutes a potential hazard to patrons of petitioner, Planters Compress Company, Inc., in that persons driving vehicles to its warehouses are exposed to the hazards of traffic in backing from the warehouse platforms into said road; that the same also presents a further hazard in that it twice crosses within a space of less than three hundred (300) feet the spur track of the petitioner, Chicago, Rock Island and Pacific Railroad .Company; that the closing of said road will relieve the City of West Memphis of any obligation to maintain the same: That the petitioners, Planters Compress Company, Inc., end Chicago, Roak Island and Pacific Railroad Company, are the owners of the lands contiguous to the road sought to be closed; that in recent gears a gravel road has been constructed, as a result of which there is no longer anq necessity for the maintenance of the unimproved road aforesaid which traveraesthe property of petitioners; and generally-the vacation of same will be to the best interest of the City and the inhabitants thereof, NOW, THERBFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THB CITY OF WBST MFdtPHIS, ARKANSAS: SBCTION 1, The Citq of West Memphis, Arkansas, hereby releases, vacates and abandons all its rights, together with the rights of the public generally in and to the street or road described and set forth in the petition of the petitioners from the point where it intersects the Eaat line of the Planters Compress Company, Inc „ (designated on the plat attached to the petition as "point of beginning"), to the point where same intersects the West line of the property of the Planters Compress Company, Inc., .(designated on the plat attached to the petition as "point of intersection with new road"), the center line thereof being more particularly described as follows: Commencing at the quarter corner of Section Thirteen (13), Township Six (6) North, Range Hight (8) Nast, Crittenden County, Arkansas; thence South 783 feet to a point; thence South 39° 48' Weat 36,7 feet to a oint which is the point of begginning; thence South 600 27' Weat 83.2 ~eet {o a point; thence South 4SO ,02 West 198,05 feet to a point; thence North 810 24' West 111,4 feet to a oint• thence South Slo 00' West 799,5 feet to a point; thence South 590 32~ West 156.5 feet to a point; thence South 790 34' West 69 feet to the point of termination. SECTION 2, A copy of this ordinance duly certified by the City Clerk, shall be filed in the office of the Recorder of Crittenden County, Arkansas, and recorded in the deed records of this County, SECTION 3. This ordinance being necessary for the preservation of the public peace, health and welfare, an emArgencq is hereby declared, and the amme shall take effect and be in force from and after its passage. •+***x• Alderman Raq brought to the Council's attention Bcoadwaq should be sweep earlq Sunday mornings. City Attorney Dillahunty informed the Council the litter ordinance was being prepared and would be presented at the next Council meeting. There being no further business to come before the meeting, Alderman Ray moved the meeting adjourn, which motion was duly seconded by Alderman Rowton, and the following vote was recorded: Ayes: Aldermen: Roleson, Rowton, Sims, Bollinger, Lackey, and Ray, Nays: None. The Mayor Pro Tempore declared the meeting adjourned. ~ , ~~.c' ~ I `~ ,~ ._. ~_ ~ ~ _~ ' ~_ MAYOR ~'•' _.. ATTEST ~ CLERK APPROVBD: AUC,UST 18, 1960