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January 19, 1961°'!S MINUTES OF A REGULAR MEETING OF THE CITY CAUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, _NE~__A_T Z'HB_~ITY=I~ALL_ IN_SAIi]_~ITY O~t_~_1.92H ndY=~,I~~v , oa, _ n-c ~.na u.~ The City Council of the City of West Memphis, Arkansas, met in regular session in the City of Weat Memphis at 3:00 o'clock P,M„ on the 19th day of January, 1961, The following were present: Mayor Howell B, Price, Aldermen: R, C, Bowie, R. E, Eden, Earl Felts, J, L, Lackey, and Y, G, Sims; and City Attorney W, H, Dillahunty, Absent: Aldermen: L, E, Roleson, C, H, Rowton, and U, I, Bollinger. It being determined a quorum was present, the following proceedings were had to-wit: Minutes of Council Meeting on January 5, 1961, were approved as rend, The first order of business was opening of sealed proposals for the construction of txo fire stations in accordance with plans and specifications prepared by °lmer A, Stuck & Associates, Architects as per Notice To Bidders published on December 26, 1960, in the livening Times of West Memphis, The proposals were opened and read as follows by Mr. W. H. Lane: General Contract Base Bid Pav, Alt. Add Combined Bid Manning Lumber Co, $43,000 $1,480 Heath & Scarbrough 2,100 $53,516,00 James H, Taylor 37,780,00 1,500 63,244,00 Heating & Air Conditioning Manning Lumber $ 5,380.00 Associated Southern Industries 6,362.00 Stephens Brothers, Inc, 5,107.00 Plumbing Manning 4,839.54 Electrical Finley Blectric 8,450.00 After tabulation of the proposals it was ascertained that the combined bid with Alternate of Heath & Scarbrough was the low bid. The bids were discussed, thereupon, motion was made by Alderman Eden, seconded by Alderman Bowie: That the contract for construction of two fire stations be awarded to the low bidder, Heath & Scarbrough in the amount of $55,616,00, Upon vote, the voting was as follows: Aye: Aldermen: Bowie, Eden, Felts, Lackey, and Sima. Naq: None. An ordinance entitled "An Ordinance Repealing Ordinance No, 339 And Amending Section 12 Of Ordinance No. 180 Providing For The Collection Of Garbage, Waste, Trash And Refuse In The City Of West Memphis, Providing_For.Inspection Of Premises, Fixing A Schedule Of Feea For Said Service And Providing A Penalty.For The Violation Thereof" was read the first time on December 15th and the second time on January 5th was read the third time. Alderman Bowie moved that the ordinance as read be adopted. This motion was duly seconded by Alderman Eden, and on the roll being called the voting was as follows: Aye: Aldermen: Bowie, Eden, Felts, Lackey, and Sima. Nay: None. 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: ORDINANCE NO, 399 AN ORDINANCE REPEALING ORDINANCE NO, 339 AND AMENDING SECTION 12 OF ORDINANCE NO, 180 PROVIDING FOR THB COLLECTION OF GARBAGE, WASTfi, TRASH AND REFUSE IN THH CITY OF WEST MEMPHIS, PROVIDING FOR INSPECTION OF PREMISES, FIXING A SCHHDULE OF FEES FOR SAID SERVICE AND PROVIDING A PBNALTY FOR THE VIOLATION THEREOF, BE IT ORDAINED BY THE CITY COUNCIL OF THB CITY OF WEST MEMPHIS, ARKANSAS: SECTION 1 - That Ordinance No, 339 passed and approved on the 2nd day of Julq, 1957, which Ordinance amended Section 12 of Ordinance No. 180, is herebq repealed. SECTION 2 - That Section 12 of Ordinance No. 180 - CLASSIFICATION - be amended to read as follows: -- - - -- - - -~ -__ - ---- --- -- t ESTABLISHMENT MONTHLY FEE Hach house or apartment, occupied by one family unit $1,25 Office buildings shall pay for each separate suite of rooms, or room, in said building or classified in schedule below, $1,50 Each building, house or part of buildings occupied by a commercial business shall be classified by the Garbage Department according to volume and weight of garbage accumulated by such business and/or the handling coats, and there shall be lievied and collected the following fees: CLASS A $25.50 CLASS F $8.50 CLASS B $20.50 CLASS G $6,50 CIASS C $15.50 CLASS H $4.50 CIASS D $12.50 CLASS I $2.50 CLASS E $10.50 SECTION 3 - All Ordinances or parts of Ordinances are hereby repealed and/or amended as herein set forth and all other provisions contained in Ordinance No. 180, unless repealed or amended, shall remain in full force and effect. Accounts pagable for December, 1960, were presented. After discussion, motion was made by Alderman Eden, seconded by Alderman Bowled: That the Accounts Payable be approved as presented and filed; and authorize, ratify, and/or confirm payment of the following: Crittenden Insurance Company $152.40 Warden's L P Gas $7.58 Ark. Paine and Glass Co. 77.63 W, M, Laundry-Cleaners 35.60 Beck Specialty Co. 16.15 W, M, Machine Shop 17.00 C & R Plumbing 195.32 W, M, Toggery 464.94 G. F, Cake Co, 25.53 W, M. Tourist Court .75 Chalmers Buick 107.46 W, M. Veterinarq Hospital 90.50 Circul-Air Corp. 695.00 W, M, Wholesale Grocery 20.80 Crittenden Publishing 357,51 Harveq White 9,10 D X Sunray Oil 5.32 E. Clark 12.00 Union Planters National Bank 10,992.81 Heath and Scarbrough 7,295.38 Union Planters National Bank 5,721,03 W, M, Utility Comm. 3,397.14 Esso Standard 1,101,47 J. Landrum 175.15 Farmers Hardware 9.14 Mayor Price 27.44 Finley Hlectric 40.90 City of West Memphis, GF 42,80 Garrett Hardware 19.18 City of West Memphis, GF 240.00 international Institute of Mun. Director of Internal Rev. 2,253.10 Clerks 20.00 W. H. Billings 88.80 W. H. Hundhauaen, Jr. 6.50 0, Ball 50.00 Hamilton Clinic 29.00 W, Murphq 175,00 Hawkins Eqpt, 32,63 City of West Memphis 1,782.23 J. B. Harlow 414.00 City of West Memphis 9,540.47 Holland Motor Co. 17,24 City of West Memphis 22.99 Hutcherson & Warren 2.78 Associated Libraries 19.98 Independent Linen Service 6.06 Baker & Taylor Co. 60.00 Johnson Auto Co. 441.43 C, M, Gardner 15.63 Henrq A. Johnson 6.96 MidSouth Gas Co, = 5.08 Logan-Leah Comm. 20.79 New Method Book Bindery 137.17 Leggetss Service Station 15,75 Southwestern Bell Telephone 17.51 Reid & Goodman 1,00 Ark, Pain! Co. 15.82 McCaa Chevrolet 1.25 Asphalt Products 492,67 Matthews Glass 37.23 Choctaw, Inc. 65.52 May-Graves, Inc. 249.06 Farmers Hardware 1160.95 Meriwether Apothecarq 19.84 Dixie Bearings 3.66 MidSouth Gas 204.36 Garrison Ready-Mix 901,25 Mils-Morris Co. 60.74 Gold's Battery Service 17.50 Douglas Typewriter Co. 31.93 Goodyear Service Stores 44.70 National Products Co, 339,91 Hawkins Equipment 436,27 Ozburn-Abston & Co, 85,34 Hutcherson & Warren DX 6,91 Urkin Exterminating Co. 25.00 W, S, Jordan Gravel 488.60 Russell Tractor 212,48 McCaa Chevrolet 75.94 Russell Uniform Co. 5,55 T, D, McCord Co. 28.50 Trsve Smith, Inc. 58.40 Manning Lumber q. 64 S. Saig & Sons 66,00 MidSouth Gas 38.63 Spotts Drug Store 6,18 Mills-Morris 1.60 Standard Parts Co. 7,32 Ozburn-Abston 84.70 Southwestern Bell Telephone 354.65 J, A, Riggs Tractor 143.22 Taylor Paper 36.10 Ruff's Body Shop 22,50 Texaco, Inc, 34.20 Warden's LP Gas 10,25 Walter Thurmond & Sons 12.50 W, M, Lumber 19.57 Union Auto Electric Inc. 11.10 W, tQLl,Machine 28,25 Walker Fire Protction Service 7,00 Dept, of Rev, 9,00 City of Weat Memphis-Payroll 11,256,80 Mrs, G, Lehr 75.00 Business Men's Assurance 20,11 H. D. Holland-Meals 1,778.70 Business Men's Assurance 132,01 Union Planters National Bank 75.00 Business Men's Assurance 272.82 City of West Memphis-Payroll 376,07 W, M, Utility Comm. 3,468,66 City of West Memphis-Fagroll 2,010.76 5~r? Upon vote, the voting was as follows: Aye: Aldermen: Bowie, Eden, Felts, Lackey, and Sims. Naq: None. Alderman Bollinger made a delayed appearance at the meeting. Notice of a hearing to rezone property owned by Oliver I. Bollinger and Tassge Pace Hollinger published on December 16, 1960, was read. No one appeared to protest said rezoning, Thereupon an ordinance entitled "An Ordinance To Rezone Certain Zoned Property And To Repeal Ordinances In Conflict Therewith" was introduced bq Alderman Felts and read in full by Alderman Bowie. 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 Sims, and on the roll being called the voting was as follows: Aye: Aldermen: Bowie, Eden, Felts, Lackey, Sims, and Bollinger. Nay: 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 Lackeq 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 xas as follows: Aye: Aldermen: Howie, Eden, Felts, Lackey, Sims, and Bollinger. Naq: None. 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 Bden then read Section 3 again. Alderman Sims moved that Section 3 be adopted. This motion was dulq seconded by Alderman Lackey, and on roll call the following voted; Aye: Aldermen: Bowie, Eden, Felts, Lackeq, Sims, and Bollinger. Nay: None. The Mayor then declared that the ordinance a:d the emergency section had been dulq 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, 400 AN ORDINANCE TO REZONE CERTAIN ZONED PROPHRTY AND TO REPEAL ORDINANCES IN CONFLICT THEREWITH. WHHRBAS, a petition has been filed with the Planning Commission of the City of West Memphis, Arkansas, by Oliver I. Bollinger and Taasye Pace Bollinger as the owners of the hereinafter described property and was heard by the Commission on the 15th daq of December, 1960, as provided by Statute and the ordinances of the City of West Memphis, Arkansas; and, WHHRBAS, notice was dulq published as provided by ordinance that a hearing would be held by the City Council of the City of West Memphis, Arkansas, at 3:00 P. M, on the 19th day of January, 1961, for the purpose of taking action up®n such petition and calling upon all interested parties to appear at such hearing to make knoan their objection 8, if any, in connection with the petition for rezoning of lands hereinafter described; and, WHERBAS, at the said meeting and by the petition previouslq filed with the Council, it was requested that the following lands, to-wit: Commencing at the corner of Jackson Avenue and Hulbert Road thence eastwardly a distance of 400 feet along Jackson Avenue; thence northwardly parallel to Hulbert Road to Tyler Avenue; thence westwardly a distance of 400 feet to Hulbert Road; thence southwardly along the east right-of-way of Hulbert Road to point of beginning, be zoned as Class "D" or "Commercial"; and, WHERHAS, no persona appeared to offer a protest against the rezoning of said lands as requested, the Council finds that the petition should be granted and said lands as hereinabove described should be rezoned as requested, NOW THEREFORE, HE IT ORDAINED by the City Council of the City of West Memphis, Arkansas: j~~ SECTION I, CIASS "D" OR COMMHRCLAL: That the following lands, to-air: Commencing at the corner of Jackson Avenue and Hulbert Road thence eastwardly a distance of 400 feet along Jackson Avenue; thence northwardly parallel to Hulbert Road to Tyler Avenue; thence westwardly a distance of 400 feet to Hulbert Road; thence southwardly along the east right-of-way of Hulbert Road to point of beginning, now zoned as Residential, be, and the same are hereby, rezoned as Class "D" or "Commercial^. SECTION II. ORDINANCHS IN CONFLICT HEREWITH REPEALED: All ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION III. EMERGHNCY CLAUSE: It is found by the Council that the present zoning of the above described property is not appropriate for the proper and orderly development of the City of West Memphis, and, in order to maintain an orderly sgstem of zoning within the Citq of West Memphis, it is necessary that the rezoning of the above-described property be immediately accomplished, and, therefore, an emergency is found to exist and this ordinance shall be in full force and effect from and after its passage, approval and publication as required by law, SECTION IV. COPY OF ORDINANCE FILED FOR RECORD: A copy of this ordinance when duly certified by the City Clerk shall be subject to being filed and recorded in the office of the Circuit Court Clerk and Ex-officio Recorder within and for Crittenden County, Arkansas. ~***** Notice of hearing to vacate a portion of S. First Street published on December 16, 1960, was read. No one appeared to protest vacating said street. Alderman Sima introduced an ordinance entitled "An Ordinance Vacating A Portion Of South First Street Of The George T. Kendal Subdi~a sion" which was read in full by Alderman Lackey. Ald rman Bollinger then moved that the rule renuiring the reading in fu~_1 of an ordinance on the€:e different days bN dispensed with. The motion was seconded by Alderman Felts, and on the roll being called the voting was as follows: Aye: Aldermen: Bowie, Eden, Felts, Lackey, Sims, and Bollinger. Nay: 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 Bowie then moved that the ordinance as read be adopted. This motion was duly seconded by Alderman Eden, and on the roll being called the voting was as follows: Aye: Aldermen: Bowie, Aden, Felts, Lackey, Dims, and Bollinger. Nay: None. The Mayor declared that the ordinance had been addpted, nd then called attention to the, fact that Section 3, the emergency section, must be adont~d upon a separate roll call in order to be effective. Alderman Sims then read Section 3 main. Alaerman Lackey moved that Section 3 be adopted. This motion teas duly seconded by Alcermsn Bollinger, and on roll call the following, voted: Ave: aldermen: Bowie, Aden, Felts, Lackey, Sims, and Bollinger. Nay: 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. ORDIIlIANCE N0. L:O1 AN ORDINANCE VACriTING A PORTION OF SOIITN. FIRST STREET OF TBE GEORGE T. KEND:,L SUBDIVISION. WHTsRSAS~ a petition was duly filed with the City council of the City of West Memphis Arkansas, on the 15tH day of Lecember, 1960, asking the pity Council to vacate a certain portion of South 1st Street as shown on plat of record in the office of the Circuit Clerk and Ex-officio Recorder of Crittenden County, "rkansas~ The portion of said street sought to be vacated being specifically described as follows: All of South rirst Street from the South line of Jackson Avenue to a distance of fifty feet (50~) North of the North line of Monroe Avenue, more particularly described as that portion of South First Street through Lots Two (2) through Sixteen (16), inclusive, in Block One (1), and Lots Two (2) thro~:gh °ixteen (16), inclusive, in Block Two (2) of the deorge T, Kendal "ubdivision of the City o£ hest Memphis, Arkansas. k'}~REAS, after due notice as required by law, the Council has at the time and place mentioned in the notice, heard all persons desiring to he heard on the question and has ascertained that the portion of South 1st street hereinabove described having heretofore b::en dedicated to public use as a street has not been actually used by the public for a period o£ at least five (5) years; that all of the ormers o£ the prop-rty abutting upon the portion of the street to be vacated have filed *,aith the Council their written consent to such abandoning of such portion and that the :public interest and welfare will not be adversely affected by the abandonment of such portion of said street. NO.J THEREFORE, be it ordainer. by the Gity Council of the ~'ity o£ West idemphis, Arkansas: SECTION I. The Gity of West Mem:phis, °rkansas, hereby releases, vacates and abandons all its rights, together faith the rights o£ the public generally, in and to the portion o° South 1st Street designated as follows: All of South First Street from the South line of Jackson Avenue to a distance of fift- feet (5`~') NortY, of the North line of Monroe Avenue, more particularly described as that portion of South First street through Lots Two (2) through (16), inclusive in Block (1), and Lots Two (2) through sixteen (16) inclusive, in Block Two (2) o.f the George T, Rendal Subdivision of the pity of west Piemohis, "rkansas. SECTION II. A Copy of this ordinance, certified by the ~itv Clerk, shall be filed in the office of the Circuit Clerk and Ex-officio iecorder of Crittenden County, -'rkansas. SECTIOi1 III. EMER:;ENCY CLFUSE: This ordinance bein€ for the iamediate protection o£ the public peace, health and safety, and in the interest of the public, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and fter its passage. . ,; ;NF Building Application o£ I•Srs. hilliam E. Bailee to enclose present carport, frame construction, to be used for a beauty shop at 504 N, 32nd Street was presented. The Council was informed the application is in violation of ordinances of the City. After discussion, motion was made by alderman Eden, seconded by Alderman Bpllinger: That the application of Mrs. William E. bailey be denied. Upon vote, the voting was as follows: Aye: Aldermen: Bowie, Eden, Felts, Lackey, maims, and Bollinger. Nay: None. Mayor Price informed the Council changes had been made in the Budget for 1961 presented in December, and explained the revis:d Budget. after discussion, motion was made by Alderman Lackey: That the Budget for 1951 be accented as presented and approved. The mption was seconded by Alderman Bollinger. IIpon note, the voting was as follows: Aye: Aldermen: Bowie, Eden, Felts, Lackey, Sims, and Bollinger. Nay : :Done . Mr. Curtis Foster presented a kenlat of Lots 2 thru 9, Block 2, and the East Half of First Street from Jackson "venue to the South Line of Lot 9, Block 2, George T. Kendal Addition. after discussion, motion was made by «lderman Widen, seconded by ~+lderman colts: That the Replat of Lots 2 thru 9, Block 2 and the East Half of First Street from Jackson Avenue to the South Line o£ Lot 9, Block 2, `'eorge T, Kendal addition he a~~proved. Upon vote, the voting was as follows: Aye: aldermen: Bowie, Widen, Felts, Lackey, aims, and Epllinger. Nay: None. Alderman Bollinger brought to the Council's attention recuest that traffic traveling east at Ingram and oroadway be permitted to tarn left while traffic traveling west on Broadway would he stopped by the traffic control light. Mayor Price advised a different tyre of traffic. control light would have to be installed for that type of operatior_, and the matter woulc be considered. Complaint that busses are traveling Bond street instead of Thompson Street, that was constructed for he.^;vy duty vehicles, o,as presented. the Ni?yor stated the City Attorney would notify them to travel the designated route. After discussion of traffic conditions at the corner of Thompson and Graham °treets, City Engineer Charles Hampton was instructed to have a Four °°ay Ito? Sign erected at Thompson and Graham Streets. Complaint was made as to the parking of trucks on the paved shoulders. of Broadway, Mayor Price stated the matter would be investigated. There being no further business, motion was made by Alderman Lackey, seconded by alderman Felts to adjourn. Upon vote, the voting was as follows: Aye: `'ldermen: Bowie, Aden, °elts, Lackey, °ims, and Bollinger. Nay: None. _- --vim i• Z -- ~ :, ~ "~~ ice: MAYOR CITY CT APPP.OVCD: FEBRUARY 2. 1961