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June 1, 19615:~ ~;IPIliTES OF 2EGLLv2 "[FETING "F TILE CTTY ("i~UPJCIr OF THE CITY ~F e7EST ::{'IE;1P`IIS, 13uANSAS, HELD AT T.iE CITY -L;LL iN SAID CI ] '„d Tf{E: 1ST D.{; ;~_~tiy. )o1j a'i' i n •; "Clae City Council of the City of '.lest i•iemphis, r~r :<ansas, met in re pulxr session in the City of 'lest ;Memphis at ~:~;rJ ?,`.:, on the 1st day of June, 1401. The following were present: f-!ayor !-1, B, Price and Aldermen: 3ar1 Felts, J. F, Lac7:ey, y, Sims, c~. I. Bollinger, :R. C, Bowie, and R, E, Eden; and City Attorney I1. H. Dil].ahunty. .bsent; ildermen: L, E, 2oleson and ;;, iI, Rowton, IY being determined a quorum ;vas present, the following proceedings ~.vere had to-wit: :•li mutes of ;:ouncil k[eeting on Play 1S, 196]., were approved as read, 7~dayor "rice announced the first order or business would he hearing pn rezoning of property owned by Ellis and Ida Poole as per Notice published on ~)ay 5, 1461, in the Evenin; Times, Vo one appeared to object to said rezoning, thereupon an ordinance entitled "An Ordinance Tu 2ezone Certain ~oned Property ',nd To Repeal Ordinances In Conflict 'Pherewith" was introduced by P,lder:nan Bocvie, said ordinance :vas read in full by alderman Sims, Alderman Lackey then ,moved that the rule requiring the readin_o in full of an ordinance pn three different days he dispensed with, The mptio^ was seconded by .9lderman Bollinger, and cn the roll being called the voting was as fo ll.ows: ?ye: 9ldermen: Felts, Lackey, Sims, 3ollin per, Bowie, Eden, iJay: Vene. The itavor declared that more than two thirds of the members composing the Council. had voted in favor of the ~-notion to suspend the rule and that it ;vas carried, Alderman Felts then moved that the ordinance as read be adopted, This motion was duly sec,.^.nded by ,ilderman Eden, and on the roll being called thr_ voting was as follows: aye: Aldermen: Felts, Lackey, Sims, Bollinger, Bowie. Eden. ivay; None. The Mayor declared that the ordinance had been adopted, and then called attention to the .fact that Secticn ~, the emergency section, must be adopted upon a seoz.rate roll call in order to be effective. .llderman Bowie then read Section 3 again. Alderman Sims moved that Section 3 be adopted, This motion was duly seconded by alderman Lackey, and nn roll ca7.1 the following voted: ~.ye: Aldermen: Felts, Lackey, Sims, iollinger, Bowie, Eden. Nay• None. The Nlaypr then declared that the ordinance and the emergency section had been duly passed, and thereupon Ise signed the ordinance in open Council meeting, his signature was attested by the City L:lerec under the seal of the Citv, -f2DINANCE NO, a~p;i :iN i)_2DS!VA'rJCE TO RE7_^NE CE.'.T.IN7.ONED Pt;(_ipE:2T]' aND TO ^EPEAI. CRDIN:INCE IAi CONFLICT T`:{EBEWI?'71, l,9dERL'4S, a petition has been filed with the Planning Commission of the City of :Jest ;Memphis, Arkansas, by iillis Poole and Ida ?pole, Peple Trailer Sales, Inc. as successor tc Poole Trailer Sales, a partnership consisting or" Willis Poole and Marvin Poole, as the owners of the hereinafter described property and was held by the Commission on the 3rd day of play, 1.961, as provided by statute and the ordinances of the City of ;lest i+temphis; and '.VIiE12E.4S, notice was duly published as required by law on the 5th day of A1av, 1961, that a hearing would be Held uy City Council of the City of ',Vest i+1emphis, Arkansas, at 3:00 ?,,i. on the first day of June, L301, for the purpose of taking action upon such petition and calling upon all interested parties to appear at such•hearino to make known their objections, if any, in connection with the petition for rezoning of lands hereinafter described• and --,I-IE~EAS, at the said meeting and by the petition previously filed with the Council, it was requested that the following lands, to-wit: Tract No. 1 - Part of the Southwest Quarter (SV=) of Secticn Vine (o), Township Sis (6) North, .^.anee Fine (o) Bast, more particularly described as follows: Beginning at a point in the present North right-nf_way line of J, S, Highway Ne. ?0 1.)00 `get East of the point of intersection of said North line with the Jest line of fiction Nine (9), Township -°ix (6) `, -rth. 2ange Vine (9) Est; running thence eastcvardly aloaa, said t~inrth right of way Iine of ^, S, Highway No, ?'-) a distance of 270 Feet to the ast line of the property conveyed to Union Planters National Bank and Trust Co, as trustee. by l4arranty Ueed of record in Book 206, page 201; thence nnrthwardly with the Bast line of said property conveyed by said deed in said Boo7c 206. image 20.1, a distance of 400 feet; thence westwardly parallel with the North Line of J, S, 8ighway PJ., ?0 a distance of 300 feet; thence southwardly 400 feet to the ~~oint of beginning, being the East 300 feet of the property conveyed to Union Planters :National Sank and Trust Co. by 52 id '.gar ran ty Deed p.f record in said book 206, page 201, and Tract No, 2 - Part of the Southwest Quarter (SIV') of Section Nine (o), Township Six North, Range Nine (9) East, more particularly described as follows; Aeginnin~ a a point in the present North right of way line or" U, Highway No, 70 1000 r"get east of the point of intersection of said North line with the [VesT line of Section Nine (p), Township Six (6) North, ;range Nine (9) East, running thence northwardly oarali el with the East line of the property conveyed tp Union Planters National. Bank and Trust Company, as Trustee, by Warranty Deed of record in Bo o!c 206, Fage 2'J1, <^. distance of 400 feet tc. the North line of said property conveyed by said deed in said Book 2J6, page 201; thence westwardly parallel with the North line of U, S, Highway No, 7~~ a distance of 100 feet; thence southwardly parallel with the East line of said property conveyed by said deed in said Book 206, pane 201, 400 feet to the North right of way line of U, S, Highway F<e, 7G• thence Eastwardly~alon the North right cf wa.y line of U. Highway Nc. 70 loll feet to the point of beginning, being the west 10.1 feet o` theJEast ?`?`~ feet o_` the property conveyed to union Planters 1ational Banic and Trust Company, as "'rustee, by said iarranty Deed of record in said Book 206, page 2.?1, Tract No. - Fart of the Southwest Quarter (S^%-:) of Section Nine (4>, Town sJlir Six (v) North, Range ?Dine (4) East, more particularly describec: as follows: C~.-:mmencine at the intersection of the [rest line of Section ldine (9), Township Six (6) North, ?ante PJine (4 East, and the North right c_` way line of U. S, Hi~~hway Nc. 70, (Broadway, City of ldest Memphis) thence North 400 feet; thence East 1201 feet pn a line parallel to the Werth right of way line of U. S, Highway Ne. 70 to the point of be,~innin~; thence Past 7.b 8 feet to the l9e st line of C, k:, Street; thence South along the '. ~~e s± line o° C, Street 356,3 `get tc the i~o rth right of way line of I?, S Highway 7Q; thence tVe st along the ^'crth ri ~ht of way line 1i1,2 feet; thence iJorth 377.7. feettc the ^oint n.` beginning, containing 1,41 acres, be zoned as Class "F" or Light Industrial District; and ivllElt&~S, no persons 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 should be rezoned as requested, NOW, THEREFORE, be it ordained by the City Council of the City of [Vest Memphis, Arkansas; Section I - F, Light Industrial District: That the following lands, to-writ: Tract No, 1 - Part of the Southwest Quarter (SW,'--) of Section Nine (9), Township Six (6) North, Range PJine (9) East, more particularly described as follows: Beginning at a point in the present North right of way line of U, S, Ilighway Nc, 70 1000 feet East of the point of intersection of said North line with the SPest line of Section Nine (~), Township Six (6) North, Range Nine (4) East; running thence eastwardly along said North right of way line of U, 5, Highway No, 70 a distance of 200 feet to the East line of the property conveyed to union Planters National Bank and Trust Co „ as Trustee, by Warranty Deed of record in Book 206, page 201, thence northwardly with the East line of said property conveyed by said deed in said Book 206, page 201, a distance of 400 feet, thence westwardly parallel with the North line of U, S, Highway No, 70 a distance of 200 feet; thence southwardly 400 feet to the point of beginning, bein; the East 200 feet of the property conveyed to Union Planters National Banlc and Trust Co, by said [darranty Deed of record in said Hook 206, pyge 201, and Tract No, 2 - Part of the Southwest Quarter (SW1~) of Section Piing (n), Township Six North. Range Nine (9) East, more particularly described as follows: Beginning at a point in the present North right of way line of U, S, Ilighway Ne, 70 1000 feet east of the point of intersection of said North line with the West line of Section Nine (q), Township Six (6) North, Range Nine (9), East; running thence northwardly parallel with the East line of the property conveyed to Union Planters National Bank and Trust Company, as Trustee- by Warranty Deed of record in Dook 206, page 201, a distance of 400 feet to the North line of said property conveyed by said Deed in said Hook 206, page 201; thence westwardly parallel with the North line of L', S, Ilighway Ne, 70 a distance of 100 feet; thence southwardly parallel with the East line of said property conveyed by said deed in said Dook 206, page 201, 400 feet to the North right of way line of U, S, Ilighway No, 70; thence Eastwardly along the North right of wap line of U, S, Highway PJc. 70 100 feet to the point of beginning, being the [rest 100 feet of the East 300 feet of the property conveyed to Union Planters National Bank and Trust Company, as Trustee, by said 'w`arranty Deed of record in said Book 206, page 201, Tract PJo, 3 - Part of the Southwest Quarter (S[V) of Section Nine (9), Township Six (6) North, Range Nine (9) East, more particularly described as fellows: Commencing at the intersection of the Vlest line of Section Nine (9), Township Six (6) North, Range Nine (9) East, and the North right of way line of U, S, Highway Plo, 70, (Broadway, City of [Pest htemn_his) thence North 400 feet; thence East 1200 feet on a line parallel to the worth right of way line of 'U, S, Highway Nc, 70 to the point of beginning; thence East 16£ feet to the [Vest line of 0, k, Street; thence South along the [Vest line of C, 'r:, Street 356,3 feet to the North right of way line of U, S, Highway 70; thence [Vest along the PJorth right of way line 171,2 feet; thence North 377,1 feet to the point of beginning, containing 1,41 acres, now zoned as 'T1" Commercial, be, and the same are hereby rezoned as "F" Light Industrial District, SECTION II - ORDIIJANCE IN CO*IFLICr fiEREIVIirt REPELLED; .417. ordinances or parts of ordinances in conflict herevrith are hereby repealed, 5~ SECTIi`~Pd III - flNiERGENCY: It is found by the Council that the present zoning of- the above described property is not appropriate for the proper and orderly deveiopm ant of the City of 4h'est Memphis and, in order to maintain an orderly system of zoning of districts within the City of ;Jest A9emphis and in keeaing with a proper city plan for the orderly development of the city, it is necessary that rezoning of the above described property be immediately accomplished and, therefore, an emergency is found to exist and this crdinance shall be in full force and effect from and after its cassage, approval and publication as required by law, SECTIOiJ IV - COPY OFOItDINANCE FILED FOR RECORD: A copy of this ordinance. when duly certified by the City Cleric, shall be subject to being filed and recorded in tY.e office of the Circuit Court Clerk and Ex-Gfficio Recorder within and fore Crittenden County, Arkansas, ,t;t ~,r,t*,t~ Estimate of Heath ~ Scarbrough in the amount of ?p,062,62 on construction of Fire Stations 2 and 3 was presented, After discussion, motion was made by Alderman Eden seconded by .Alderman Bowie: That estimate of Heath °. Scarbrough in the amount of X9,062,02 be approved for payment, Upon vote, the voting was as follows: Aye: .aldermen: Felts, Lackey, Sims, Bollinger, Bowie, Eden, Nay: None, Statement from Stuck, Frier, Lane G. Scott, Architects, in the amount of ?890,00 for balance due cn fee for architectural services rendered for plans, specifications, and supervision of construction of jail building addition was presented, Motion cvas made by nlderman Sims, seconded by nlderman Bollinger; That the statement of Stuck, Frier, Lane 3e Scott be approved as presented, Upon vote, the voting was as follows: Aye: Aldermen: Felts, Lackey, Sims, Bollinger, Bowie, Eden, Nay: None, City Attorney Dillahunty informed the Council that negotiations were completed for the obtaining of a 50 foot right-of-way from the west line of Ot; Street eastaardly, Said Right-of- 'Pay was paid for by Poole Trailer Sales, Alderman Eden introduced an ordinance entitled "An Grdinance To Repeal Ordinance No, 375 end To Amend Grdinance No, 374 4Jhich Ordinance Provides Fire Limits, Regulations As To Buildings And Structures", which was read in full by Alderman Felts, Alderman Bollinger then moved that the rule requiring the reading in full of an crdinance on three different days be dispensed with, The motion was seconded by Alderman Lackey and on tl:e roll being called the voting was as follows: Aye: Aldermen: Felte, Lackey, Sims, Bollinger, Bowie, Eden, Nay: None, The Nlayordeclared 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, nlderman Sims then moved that the ordinance as read be adopted, This motion cvas duly seconded by .Alderman Bowie, and on the roll being called the voting was as follows: Aye: Aldermen: Felts, Lackey, Sims, Bollinger, Bowie, Eden, Nay; None, The ~'viayor declared that the ordinance had been adopted, and then called attention to the fact that Section 6, the emergency section, must be adopted upon a separate roll call in order to be effective. Alderman Sims then read Section 6 again, Alderman 3owie moved that Section 6 be adopted. This motion was duly seconded by Alderman Lackey, and on roll call the following voted; dye: Aldermen: Eelt s, Lackey, Sims, Bollinger, Bowie, Eden, Nay: None. The :•layor then declared that the ordinance and the emergency section had been duly passed, and thereupon he signed the ordinance in oxen Council meeting. his signature was attested by the City Cleric under the seal of the City, ORDIN~"~D'CE PJO, 40~ AT; ORDINANCE TO REPEAL ORDINANCE NG, 375 .4ND TC Ai•iEND ORDIN WCE NG, 374 l9IlIC71 OPDINANCE PROVIDES FIRE LIMITS, P,EGULSTIONS AS TO BUILDINGS AND STRUCTURES, Be it ordained by the City Council of the City of PJest Fiemphis, Arkansas, Section 1: Grdinance No, 379 of the City of Nest Memphis is hereby repealed, Section 2: Section 2 of Ordinance Ne, 374 is hereb}~ amended to read as follows: Adoption of Building Code There is hereby adopted by the City pf is!est bremphis for the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, including pemits and penalties, that certain building code kcnown as the National Building Code, Abbreviated Edition, recommended by the National Board of Fire Underwriters of Nesv Yorlc, being particularly the 1959 edition thereof, save and except such portions as are herein after deleted, modified or amended, of which not less than three. (3) copies have been and nocv are filed in the office of the Cler;: of the City of West Memphis and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on sah ich this ordinance shall take effect, the pro- visions thereof shall be controlling in the construction of all buildings and other structures therein contained within the city limits of the City cf West A4emphis, Section 3: Section 3 of Ordinance PJo, 374 is hereby amended tc read as follows: Fire Limits Established All property located within the city limits of the City of 14est Memphis and as same may be extended, Section 4: Section 7 of Ordinance No, 374 is hereby amended to read as follows: Amendments Made in Said Code The code is amended and changed in the following respects: Paragraph 11,5 (d) is amended to read as follows: Gasoline service stations, parking lot offices, real estate offices or similar business structures, of unprotected metal construction, not exceeding 400 square feet in area, not more than one (1) story in height, and located at least ten (10) feet from lot lines, Section S: Section 8 of Ordinance No. 374 is hereby amended to read as follows: Restricted Fire "Lune There is hereby created what shall hereafter be known and referred to as the restricted fire zone and shall be as follows: Beginning at a point on the West line of Pearce Street 300 feet Werth of the center line of Broadway (highway 70) and running thence eastwardly parallel to the center line of Broadway (fligliway 70) to the east line of Avalon Street. thence northwardly with the east line of Avalon Street to a point 363 feet north of the center line of Aroadway (Highway 70), thence eastwardly along the north lot lines of Lots 17 thru 48, inclusive, Alpci• 16; Lots 1° thru 94, inclusive, Block 17; and Lcts Z1 thru 32, Block 18, all of Compress Sub-division to the City of West Memphis to a point 230 feet west of the center line of bSissouri Street (Highway 61); thence northwardly parallel to the center line of Missouri Street (Highway 61) to the north line of Worthington Drive, thence eastwardly with the north line of 1orthington Drive to a point 165 feet west of the center line of Missouri Street (Highway 61), thence northwardly and parallel to Missouri Street (Highway 61), to the city limits, Thence eastwardly along city limits to east side of Missouri Street to a point, Thence southwardly along the east side of N,isscuri Street (Highway 61) to a point 30 feet east of Section corners one (1), six (6), seven (7) and twelve (12), thence eastwardly 200 feet from east line of Missouri Street (Highway 61) to a point, Thence southwardly to a point 200 feet south of South line of Oliver Avenue, said point being 230 feet east of center line of Missouri Street (Highway 61), thence eastwardly betvreen Lots 7 and 8, Block 3 to a point on east side of Elm Street; thence southwardly on east side of Elm Street 10 feet to a point, said point being the Southwest corner of Lot 8, Block 4; thence eastwardly along south line of Lots 8 and 22, Block a to a point on east side of Graham Street. said point being the Southwest corner of Lot 20, Block 12; thence eastwardly to a point between lots 20 and 21, Bloclc 12 to the l4est right of way line of the Frisco Railroad; thence southwardly 353 feet to a point on the west right of way line of Frisco Railroad; thence eastwardly on the north property line of Lo t. 2, Bloclc 7; north property line of lets 2 and 29, Bloclc 6; north property line of Lots 2 and 25, Bloclc 5; thence eastwardly to the north line of Thompspn Avenue. said line being the South property lines of Lots 6 and 7, Aloci: 4; Lots 6 and 7 Block 10; Lots 6 and 7, Block 11; Lots 6 and 7, Block. 12; Lots 6 and 7, 31oc1: 13; Lots 6 and 7. Block 14; Lots 6 and 7 Block 15; thence southwardly 210 feet to a point, said point being 150 feet north of Werth line of Broadway (Ilighway 70); thence eastwardly along a line 150 feet north and parallel to the north line of Broadway (Highway 70) to the east line of lvalker Avenue; thence north 170 .feet along the east line of Walker Avenue to a point, said point being 320 feet north of the north line of Broadway; thence eastwardly 2660 feet to a point on the east city limits; thence southwardly to the south line of Broadway (Highway 70), said line being the south line or" the city limits; thence westwardly to a point along the south line of Broadway (Highway 70) to the west line of Walker rsvenue; thence south 200 feet along the east line of Walker Avenue to a point; thence westwardly and parallel to the south right of way line of [), S, Highway 70 to a point on the west side of iPe ods Street, said point being 200 feet south of the south line of Broadway (Highway 70); thence south 1050 feet along the west line of iVoods Street to a point, said point being the north line of Harrison Avenue; thence westwardly approximately 2620 feet along the north side of Itarriscr. Avenue to a. point on the west side of Avalon Street, said point being the west city limits pf West P'.emphis, thence northwardly along the west city limits aFbro>:imately 1240 reef to a point on the South line pf T--- -- --- - ---- -_ - Broadway; thence westwardly 65u feet to a point on the south line of Hreadcvay said point being the west line of Pearce Street extended across Broadway (Highway 70)• thence northwardly along the west line of Pearce Street to the point of beginning. a distance of approximately 350 feet, excepting, however, a tract in the south west quarter (SYJy) of Section 9, Township 6 North, Range 4 East. more particularly described as follows; Commencing at the intersection of the west line of Section S, Township 6 North, Range 9 East and the north right of way line of L', S. Highway 70, thence eastwardly along the north right of way line of Highway 70 a distance of 846,8 feet for the point of beginning; thence north 400 feet to a point; thence east 468 feet to the west line of O,K, Street; thence 356,3 feet south along the west line of O, K, Street; to the north right of way line of U, S, Highway No, 70; thence west 471,2 feet, to the Doint of beginning, ~- Every building hereafter erected or enlarged within the restricted fire limits as herein above set forth shall be enclosed on all sides with walls constructed wholly of stone, brick, hallow building tile, concrete or other equivalent incombustible material having afire resistant property of a thirteen (13) inch brick, and shall have the room including dormer windows, and cornices covered with incombustible material, Every building which shall hereafter be damaged by fire, windstorm or other casualty to the extent of sixty (60) percent of the oroginal cost of construction shall be repaired and/or reconstructed in accordance with this ordinance and Ordinance No, 374 as herein amended, orovded any buildings may have wood floors and wood supports for roof, Section 5. All provisions contained in Ordinance No, 374 shall remain in full force and effect except as herein specifically amended, Section 6, This ordinance being necessary for the safety and welfare of the inhabitants of the City of Nest !~temnhis, an emergency is declared to exist and this ordinance shall be in full force and effect from and a_`ter itsnassage, *~+* P~iayor Price informed the Council that in view of the fact that the budget was approved and the new bookkeeping machine lists all accounts payable which are kept en file in the Clerk's office, that it should not be necessary to copy each separate warrant in the f,'linute Book, The City Clerk advised that the records are on permanent r"ile, After discussion, motion was made by Alderman Laci:ey, seconded by Alderman Bowie: That the Council agree to eliminate the copying or warrants in Plinute Book Upon vote. the voting ,vas as follows: Aye: aldermen: Felts, Lackey, Sims, Hollin_~er, Botvie, Eden, Nay: TJone, Alderman Lackey brought to the Council's attention the need for a. ?_lVay Stop Sign at G,};, and Beatty Streets, Mlayor Price stated the Police Department would be instructed to have a 4-.4ay Stop Sign placed at this intersection, P~ayor Price brought to the Council's attention Parvin Rcmines, .gssistant~Chief o° Police had resigned and commended him for his work with the Police Department, There being no further business, motior, was made by Alderman F,den seconded by Alderman Felts to adjourn, Upon vote the voting was as follows: aye: Aldermen: Felts, Lackey, Sims, Bollinger, Bowie, Eden, Nay: None, ~-~ ATTEST CITY CLERi: J;~~z,:i ~, ~ !4AYOR A PPP.CVED: JCWds 15. 1961