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June 7, 1973
zl MIIHTTES OF A REGULAR FETING OF THE CITY COUNCIL OF THF~ CITY GF 1~+tEST ~~, A~NSAS, HELD GN THE 7TH DAY OF JUNE, 1973• The Council of the City of Weat Mempl~a,3.s, Arkansas, in the County of Crittenden, Mate of Arkansas, met in a regular session in the City Hall. in said City at 1:30 0 ~ clock p.m. on the Zvi da3r of Jane, 1973 • The meeting wss called to order by the Mayor, and the roll being called there were: Present: Tilden Rodgers, Mayor in the chair, and the following Aldermen: R. T. Bentley, Thomas Dick®rson, D. M. Griasley, W. L. Harris, J. E. Hightower, Pritchard .Horton, C. D. Hutcherson, and M. P. Scott; and City Attorney R. L. Smith. Absent: Aldermen: Aran Paytc:n and B. G. Smith. It being determined a quorua was present, the following proceedings were had to-wit: Minutes of Council Meeting on May 17, 1973, were approved as read. Mayor Rodgers reported City eapl.oyees under the .direction of Hollis Warren had assisted ixt clearing debris at Jonesboro after the tornado, and complimented the men for their work. The Meyor informed the Council a Resolution had 'been prepared for consideration of Edgard J. Rubene's retirement baked on the salary payable to the Judge of the Municipal Coairt under Act 609, dated;.. April 5, 1973, of $15,400,00 per year. The resolution was read by the City attorney, and EJpinion of the Attorney General of Arkansas as follows: ___~-,-_-- -- -- -- -~--~-- _-______A_-~~ :; ~ t . OFFICE OF `4a ~ ~~ ' cl ALE ~~ /~ e~P/n~GL'L ~y~ 1.17E ~ill~. JtiCltEZ JUSTICE BUILDING ATTOx~ aE~R,-L May 3 , 19 7 3 ~~a~ ~ ~~, ~x,~Ca~n~s Opinion No. 73-109 t The Honorable Jack Brawley County Judge Crittenden County Crittenden County Courthouse Marion, Arkansas 72364 The Honorable Tilden Rodgers Mayor - City of West Memphis West-Memphis, Arkansas 72301 ,. Dear Sirs: This is in response to your letter of 19 April 1973, wherein you inquired as to the effect of Act 480 of 1973 on the amount of • retirement to be paid to a municipal judge who retired at some- : time in the past. You stated that at the time the judge retired the municipal judge's salary was $10,600.00 while the present salary for the municipal judge is $15,000.00._ Your question was whether the retired municipal judge should be paid one-half (1/2) of the salary he was .receiving at-.,the time he retired, i.e. $5,300.00 per year or one-ha.lf (1/2) of the present salary that the municipal judge is receiving, i.e. $7,500.00 per year. Act 480 of 1973 amends Act 62 of 1971, Ark. Stat. Ann. X22-739 (b) (Supp 1971) and provides that retired municipal judges who upon k retirement have accumulated not less than twenty (20} years of ~~'' service as municipal and/or police judge and who are sixty (60) years of age shall receive ~ pension the amount of w~Tich is based upon the salary payable to the judge of the municipal court on which he served prior to his retirement from office. "Said amount ' shall be one-half (1/2) of the salary payable to the Municipal _._ _.. __---__--Jud e of such. Co~~~-#- on J~~ ~ ,~ _ ~~ _ Y 1, 1973, T 23 The language of the statute clearly expresses the intention of the legislature that persons who f all within the category set up in this Act shall receive retirement based on the salary payable to the municipal judge as of 1 July 1973 and not based upon the salary received by the municipal judge at the time of his retire- merit. Therefore, if the salary. payable to the Municipal Judge on 1 July 1973 will be $15,000.00 then the retired municipal judge w_11 be entitled to a pension of $7,500.00. ._ -- _, `~ _ .~ ~: ~ :~~ ~~ ~ e ~ ~~ ing opinion which I he rebyr< uNN~ uve gas prepared by ,:-ti Assistant Attorney General Lonnie A. Polders. ~~ ,~ Yours truly, IM GUY CKER LAP:lm . After discussion of Edward J. Rubens's $81ary when served as Municipal Judge, State Legislation, Opinion of the Attorney General, and Retirement Plans, motion was wade by Alderman Scott, seconded by Alderman Dickerson: T~iat the Resolution as read be rejected. Alderman Payton made a delayed appearance. Upon roll call vote on the motion, the voting was as follows: Aye: Aldermen: Bentley, Dickerson, and Scott. No: Aldermen: Grimsley, Harris, Hightower, Horton, and Hutcherson. Alder~ian Payton abstained from voting. The motion carried. Thereupon motion was made by Alderman Horton, seconded by Alderman Grimsley: That the Resolution as read be adopted. Upon vote, the voting was as follows: Aye: Aldermen: Grimsley, Harris, Hightower, Horton, and Hutcherson. ,, No: Aldermen: Bentley, Di ckerson, and Scott. Alderman Payton abstained from voting. The motion carried, and the Resolution read as follows: RESOLUTION N0. tt65 ---- WHEREAS, the Arkansas Legislature by Act X80, dated March 27, 1973, passed a law for the retirement of Municipal Judges in Arkanms who have held office with not less than twenty (20) years of service as Municipal Judge and have reached the age of sixty (60) years, and WHEREAS, Act lt80, states the amount shall be based on the salary payable to the Judge of the Municipal Gourt on which he served prior to his retirement from office, and WHEREAS, by Act 609, dated April 5, 1973, and passed by the Arkansas Legislature the salary of .the West Memphis l~tuiicipal Judge is Fifteen Thousand and No/100ths Dollars ($I.5,000.00) per year, effective January 1, 1973, and ~, the said amount payable shall be one-elf (~) of the amount now payable to the Municipal Judge of the Municipal Court on July 1, 1973, and WHEREAS, the City of West Memphis, Arkansas by law is required to pay one-half {~) of the Municipal Court Judge's salary and Crittenden County shall pay one-half (~), and WHEREAS, Judge Edward J. Rubens, Attorney at Law, P. 0. Box 815, West Memphis, Arkansas, will qualify for this retirement, as attached documents verify that Judge Kahane has reached the age of sixty (6(~ years on April 26, 1973, and has served the West Memphis Municipal Court for not less than twenty {20) years, and WHEREAS, it is necessary that the City Council of the City of West Memphis, Arkansas amend the 1973 Budget in order that this amount due Judge Edward J. Rubens shall be paid, Z4 THEREFORE, BE IT RESOLVTD, 1. That the City Treasurer of the City of West Memphis, Arkansas be authorized to pay Fudge Edward ~. xubens, Attorney at Ilaw, P. 0. Bax 815, West Memphis, Arkansas the sum of Three Thousand Seven Hundred Fifty and Ito/100ths Dollars ($3,750.00) per year payable in monthly sums of Three Hundred Twelve and 50/lOt)ths D©llars ($ii2.50) per month, the first payment to begin May 2b, 1973, the remainder of his natural life. , ~~ Mr. Bob Kyle sad his Attorney James Hal.®, Jr. presented the following Memoreadum per.tai~iuag. to appeal from the Platru~ing Commission's decision t© ~' ~r~ sad Mrs . Bob ~ 512 a Street: ~' ~ pin __ .. ,~, T - -- .. .. y . ------ ~~,~ ~ .~,s .~: M~ A ~~.k ~ r~ a,s •y~py~~l aw gr a n.~; ,;r ~Pe ~i ~` t~~~i~ ~=h~~: a e~.~a :~. h~t ~. . ., < ,, ~. ' " ~. s.y• A~ .:t.F - ~' ~y f ~ ;4.; 't" p`. !~' E~4~,.. A.. iFi.~ .,. ,. .1~ ~1..._I~.,. ~s A`fL-. I.. aj ~ _~! F ~, r-'}' ~'~ , x ~ ~ c 4'~~,>r 't`' ~'h. `~` ° .t` . t. 'r. ~4 ~~. y~~'`xt °h,. A'y.'FF ~, .stns ESL * ' '. ~ ~ b. Y :. ' ~ J ~ ' $ h ~ ~ f!f."'i I l,~"~ `. ~ . , .. r'~, ~ ~. .. _ Ki ^ 9 ' ~~,~~.d,~n~~za~: or cemrnercal purposes (C~:t,~ of~'~;~,,~~ t~ t~~(~`~ ~v• .. , ~ ~ ` ~~ "wrl!.+'1 n s..~i~geirjlr.~~..~r~~+M.ilf~i~~+r~y~.+~~ y. ~- ~ ~ ~ Pfeifer, 169 Ark. '1027; City of B~.ythevi` le ; v,~, Thompson, Arkan .; ., 1x ' .. } Nf ., jk` ..sas Supreme Court decision `dated March 12, 1;973; .City of Para- ~, ~, . ~ ,,,, '~~.~ ~ ,. gould v. Cooper, Arkansas Supreme Court decision dated .April 2 '~.. . - its.. : L: i ~'' 19 7 3) , k ~~ ~~ '; ~ 5:'~ Pine Stree i ad'~acent to an expanding commercial ~~"'~ ,. n .,~ . w. , o„ ~ .: distri~°~:.' ~''~e word "adjoini.ng~' .or adjacent has b`n define~7~ by ~,<, ~. f1 P ~ ~'. ,! 'a I''A9` ~ y ~.~, ,the Ark,?sas':Supreme Court to mean Il,~lose.~to or hear 'to," (Ni~,~-~,~~~; &A~ ,~~ ~~ : chews ~~~~a l Z 70 Akr . 451 • Ve t ~ { ~` ~ , . F.- ~, .; ~-----, ,' ~~ ~ ,•,,,,,~~ ~ y ©~~ ~ Litt 1 e R o c k ;,~ ~ _ ,~ i s ,; ~ x ~ ' . ~ ~. ~~,54 Aark ~ X32 ~I #' t no ,~~ ,. ~' I i s t rye ~e s s~~ f ~ ~ h ' t o r, ~` >< ~ ~~ ' t r, ~. ..,'~ a ~r perty. ~ha ve a commor~ ~~~4, r • ~ ~~ ; ~ ,~~ ~-&~:, bound' ;.l~n~ ~o be "ad~d~.ni:n~,,~'per~t~" (Cecil. ~. Headl,e~y 2~~~ ~,TV ,, - h7w ''' Ark ~1 , ~~ .~ :~~ - ~ow~ve;~, ~~~~,~~is~~q~'se ~~2 P,ine Street) , it has a~ k^,t ~~~ ~ 'c~'1 y •. ~~ , "~,:.~` ` a „~: 1~ ' ~ fir' y: ;''y ~~~„ common COUC]L~axX line. x. ~± ara°~mme is1 ~~st B--2 `~"~" ~'~ ~" ,~ ~~ ~. r 2ct~ f ) ~. -. ~~ ~ ~ : # 'y ~ ~~ _. 3 ~,~~~~,y~~ r'F~ R~~s "fah ~~ , '.y' ~/ h ~. ~.r ,^d{~'`. ~F~ `~~ h fly The ~u.sine~f>.-~istrict;t~own a~-,"M.iss~ouri .Street is ah'~'~, .` ,,~<x e~•pandir~ct businese r~is~~~.c~~~ . ~ >~e l~a~e.~e'n nine ' (9}~ new com~ ~r<• '~~ ~ ~, f - ~~ .~,y '~ ~. ~r ymercial .structures bui ` ``tin .~ ~~° ~ a `:. k. M.~. ot~ri Str~ei't within the last fi•~e ~" r.`,q 4 ~. } ± ~ / Mfr. < *' ~, ~~~ , - - ~r.~ (5) yeas`.. that ~~re wit~hin~~~ tv`r~'d,~~.. ~~blbcks r~~" -51~F Pne. ~ there , sr~e '~' x ~':~wo (Z} new cor~mercia,.~~~~.'ots I' s~~le b NicGarl~e Realt Co ''`~'~`~° ~~, ,. ~ , ~, y Y ~ y mAanY :,,,~ . . ~ s' ~* ~~ .~ i'th in t ~2'~ ~bloci ~'~~~`512~;~,`~~;:~'~ . The traf f ie cou~f~b o~n Mi ~"~ out ~~~~ .~x *, ~.. s incr sed over ~h,~ree ~'tho~][r~~'~~. (3, a00} cars 't3,245 accord,ng'.. Y°' ,` k f ~Y h 6 ^ ~z .~`. ~~ ;~ ~ ~ l '~ . - ~ `~ `~`~ • 1 ~' ~, ~' I d ' ,.:,. r ~, ~. the Arkansas . Hic~f~way D-epar~~ P )' per day in thelast two (2 ~,.• { ` ° }' `~'~.~": w ~' ears. Also, them have been N~ ~i~ew sin ie-famil residences ~r ~ }$`'~~ .- ~ r ~~onstructed in- -the area w-ith'in the last tin 10}" ears West Mem~~~ ~ y', t .. ~`~~ ~ ~ q ~ ~; 1 , a ~,. :~~ ` ~ ,~ '~ phis Building inspector) . ~ ' .+ F~. ~ { •. 11 ~ r„3 , pr's. 1 :.~~ _ ,.~~r ,, d Y ~" ~.~+, ~Y,, • ~~ ~ ! t*: S`~ ~~r ~~ Q `~ tyre .~? ~ ~ ~~ y~ ~ =~ t • tom' ~~', am ~`t .~ . ,~~:;~ ~,'~,.+,<~~~ .:;, .~Sp ~~~?;~ ~~ n , - ~;h r~et a~;e ~.g$~. f ,.,~ *~. ".i ;~ `h~ ~. h t 1*x "': wj :Y'r * ~`~ '+u ~t i w,M.r,. a tk', a ,. ' ~e ' 1ti ~ ' ~. "~. e ,, . . . ~ - ~~' ~ had a1re~d.y. been a,l~iowe~. ~ `.theub~.'Plan.ni.r~ rComm~ ~~`n~ ate` sthe~ ~, t ~,~~~f ~ ,>. w: ~ - ,~~ ~ .,~, .., a. ,x, .. ,. . ~ s . ;' ~ CounCll. Qn April 25 197'3' the,.;;.~3.ar~ninc7 Commi~s'i on annrc~vP=r~- a l5 -. .,.. , ,~y: ! r gar r .t, ~. _~.. -~ .~ ~~ t ~-r ~ ~,Y. rYr, > ~, ' ` ! ~,f .~ ~ ~ .. ~ -..d .~. ' 4 ~~d(F r s,. Y~~ ~_Jrik, ~.~ '.1y Y {~ fli,}'; ~ '~h~ T'r 7'. i;ka. wJR . +, z .4 '~' ' , ~ m ! °r'O fd`~ `` S~ie °''y'4 ~ ~, A.a; ~f ~ P ~ J' ~++~~r. ,~~ ~; t ~ 'S". ? f. `~~~ A ry y4,~ " .. .. ,. .. ,.. .s ~ "i ~~ ' ~ ~T " ..' t ~ ~~ } ~ r ; R ~% t ~' y4i . change' in zon~.ng for Dacus Lumber .Company- from RS=~~v"to' RM-l.5 :~~' 1 - `, °` on property immediately across the street from 512, Pine Street. ~~ ... ~ ~: This action was approved by the City Council. The Dacus..,~re- - °~` ~ zoning was "not in conformance with the Gity Plan" as set out r'>qk r . ~~fil~ -ti T`:'' ;; y "~ i*~ in MANES & ASSOCIATES (planning consultants) letter of Agril ~ - ,, 19, 1973. This, .the argument that re-zoning of 512 Pine "would ~ ~'- ~~: ;.; ,.,~ not be in conformance with the Cray Plan" is moot since "spot-: - i ~, ~ " I~ ~ zoning" in this area has already been given official approval. ~ `~` { ~,.. ~~~ At its May 3 1973 meeting, the City Council referred-~~..~ .. } ' ~' -" considerationll of the Kyle-Vaught "re-zoning application back to. ° ~ ~` :~ ..f.,..S' I' `~-~ ~. ~. the Planning ~ommisson "for further~~'.consideration" and.. "to' see ~.~.~, - ~. 1 i I ./ I ' j. i ~ Jk I ~ " `~ : if the problems ~ between the landowner. and the Board of the ~sr=s~;~ ~t~ .,-.~ " 1 ~ ~ ~. w^- l ;~ , sembly of God!,, Church could not. be worked out . " At the spec is 1`'_,~~ ; ;. ~ .+ ~~ ~~ ~ ~ meet.ing Qf hl~ Manning Commis.-ion held on May 15, 1973,. Mr. { ~_ ... 4a . aid ~i~rs. Kyle~~ and D'ir,. and Mrs. Vaught offered to accept a mo ~ ,;r ~A a":. . :; ~ :,~. ! .limited. zQnin~~ (B-=1) in lieu of the requested B-2. This off :; x." ~ ~. ~ ~" t was made in an attempt to insure the Church that no nuisanc ~~ ~~ ~. , ~' ~ ~; j ~,:: ~~ tyke bus:ine-~s wo~,l.d be operated at 512 Pine tv the detriment ':~;~~}r ~ ~ . ,; ~ , r, ! _ ~ ~ ~. f ~~• '~~ , ~.. '~..~' ~. of the church ~r4perty.; The represents fives of the Church` ~~. 1 w g ~! ~, ,. ~ ~ /1 yam.. 7 t ~ ~ `. ,~stater~ that this pFroposed compr+dmise was . completely : ~n~ct~ept ~, .a ~ :~ t ~"~. `" ,µ".; ~b e" .and tnet the. Church in fact, desired to purchase the pro,.=~ .. . , ... .. ., ,: ~ , - ~~, ,.w a ~ I. r°~, ~-erty itself.I, a The Kyles and Vaughts .feel that they ,have attem~-~ ! I ~ . ~ ~~~ .. . ~. , n ~-~ tad' in goad` ~~'aith "to work. this matter ©~t with the Church (as :~ . ~ ~`~~ .,- ~~ ~~ ~ requested by 'the City Council) ~ to no avail. r<~ '' ~. Act~ording to our best information, there are 23 saps- ~~ ~~ . " t, ~~~' f ~ ~~, r` "` rately owned parcels of property owned by 29 different. indivi=~ ,,~.~, ~~ ., , ~ _ ,.. ~ :, t _>„ ~~ ~ duals or ent~.ties located in close proximity to 512 Pine Stree ~~ ,..., .. ,. ,, ! .' ~' 7~ ti c' I ~. , , t - (on.~iissot~ri~ Gr~ham~-~:a~~Cd ~~a~ne~,:"S~reets) that are ~4ned RS~~. ...:. ~..: '~~, .. .. ~" ~ - _ r , . 6 - , - a1~.; :of these'. landowne~~'s~ Y. ~:,e ;>~, ~,f.~th the "exception of ". r b ,T , ~` _ ~ . .. - :-ra'"~.~~ t ~,. ~ .. .. .. .:~ ~ r. ..eta`, .R~.._ rye. :;t~. d _ _. _ 2~ __ _ _ . ~~.~ ,~ .. l .. • F ~ w z ' ~ ~ _ r ~ it ~ ' ,•,t rl rt 4 h ~~A •n w''~5~.+ ~ y+r ri~t~. '~F ,+k8 ~+;' it r''t yha+v~e• 'b~e~n cont~ cted e ' t e ,. .>.~ ~> ~ r. 4~~, ~. ~,.{•< ,~Y ~ei.h4• •L~: ~~,*, T•, .rH ~4• t ~y 1:~~~~` x ~i•r i tyr 1r~* 9' !. s ';~. J S I _ing whether or •not they had any ob~ec~'~[`' ' to 512 ~~ne beic~~, :~ ~, ~r. r Y .. a .r .,~ . t:, 4 w • re-zoned from RS-6 to B-2 Commercial. Of these 29 property ~''f` ,~ . ,~ :,,w . • ~~t :. owners, 2 3 stated that they had no o~ierton to the - 1~, .:~+,~ ., -~ = x,~~,t . ~ re-zoning and consented. to their names bearng placed on the ~~` rf ~~ ` 4 ,:. 1i .. y ., ; attached list.., ~ could not be _contaCted and one f 1) -was . • ~. .. . .` not contaater~ (Assembly of God :Church) . This means than ~} . . .~~: .. •. 80 t ^j~}t:` % of the property owners in the itnmediat~ vicinity ~ , `,` ~. ... ~~. ~ a ~• of 512 Pine Street have NO QBJECTI4N to the- ro rt bein re- ,.F ~.. ,~ti;~ p Pe y g ~, ._..~~~ t. ~, • ' ;• ~' zonedfrom residential to commercial... . The June 7, 1973 meeting of the City Council will ~s~ ~; _ - ~ ~ ~ ~~ _:• be the fifth { 5 th ~ time ~ha t the :Kyle-Vaught re-zoning re- ., quest has been. before either the Planning Co~unssion or the '~ ~~~ " ~. ' ~;: • ~ City Council for public hearing. To r3ate, there has not been a sin le rotest froth a~ ' scent landowners to this. ro osed ~ ~ ',~ g P ~ p P .. ,, ~' ~ 'Ytre+zanrrg• except `the As'setRbly of God Church Board. °` It ~~ ~-quite ~ _. ~' `; ~ . ,~ t ~ . ~~ ~~ rapparent that .the Church wishes to purchase this ~pro~erty. The ~` .~- . ~^~ Church has not attempte.~i , to deny that. the is their pr~.mary :,~; , ~~' ~ ~~ . -,a~ ~~ goal. However, the fact that another party wishes to purcha <: - I ~ , ,~ • . ~~, • ., ,~., the property in question i•s ~o~ ra cii"_ctsstat t~rat .~.,~hauld b ,, . s ~r ~ ,Y.. ~ . i , - ' _ , * , ~~ ` y ~ona~idered ~3.~~ally or oth~i~~e-~! `~~ fi ~r then or ~ i. ~a 4 ~ y- ~, ,. ~,. rsa ~~ r ~ A,«~~~~.4 to giant a 2an~r~. ~~~hange . The fact . ~>~"•o~~~~~ ~ ~a~~'~~~ migh'~ ~~ ,,y.~ ` ,;. a . k.`. be •available to the Kyles for use , as a business local-ion shou~~~#`* r° « ;a +. y~ .. ~ ;~}~ , . m ; .. not' be t`~~en ~,in;ty, consideration (Cit~_ of; ~lhe~~l.Z;~.e~ r~rk~~n a~`~> ,r, Supr~e~ne `Court case decided March 12, 1973.) The fact that ~ `; ,,~~ BQ °~ of adjoining property owners auth©rized use of .. ~,:,~ their names on the attached list stating that they had no object- ~ • Lion to a zoning change should be~ given greater consideration ~r than the fact that the Church wishes to purchase the property. g ••f:~ • • ~..:~~ from Mr. and Mrs. Vaught., With the exception of one.....~1~~;,~.l~~d- • :~~" 11,~(~0 owner (ou•t o f z 9) , + •,.~th~~-;~~i~s_ n`~t `~ fee n`. a s x~'g~.e ~ `grote st _to rep- . : ., „ _ - ~. ,. ;` • zoning of 512 Pine Street from. RS~-~ ~~a B*~ ~e~;` ~~el. • t .. - . i_.,C t `? :attii:,j.'+ ,e! s~6r Ye~,[t~.1' 1~~~~, ti4'1 C" ~~.. ~•• ~"t .. ".! tC'?~.~ ,. 1P'W" ~ ,' .. .- ~ r:~ r .__~ .. ~- d (r ~er s ign~ re s e nt~s.. o f h ~ne- bo~~ Aced wh. ,~ ~ ~ e.~ i ~ gh .rein '~ , b `• t t+ ' ' ~~~' ~ 512 Pine' Street i~ ioca~e~,~'"Nave no objection to the propert of Mr. ~ , ,, x "p7. .. ~; -. - ... i nee ~' ~ nd ~ ~~ .~, . ~. ~~: ° ~'~ark Vau ht,., 512 P ~: ~E' Street): bein,.g ~e~one~d "`to 1~U05INESS ~.~ . ; -~ ~~ .~ -. °, 'to allow Mr , and Mrs . Bob Kyle to operate a frame shop and art ~ .4i ; , ~~ ~ e ~~` 9 ¢ ~;, ~, r, ~ , :~~, .`'I school .known as The .Finishing Touch. ~ ~~ .. ~ ~ ~. ,, _ ,,a„. , . ~a ~, ~- , ~~~ ~~ti:j r, ~~ :~~ ~_ ~ ~~ . ; . :NAME `? AnDRE S S 4 , f R i .. .x wy, r^ ~ K ~ 4 ~~ t ~. ~~,, • ,~ f~: ~ 1 ;~''~ ~ ~ ~ ` ' , +~~:- { ~ ~ ~ ` .N ~ ~ ~ + { '$ % J ~ ,M A •y~ Ar .1~', ~~~~k ~ ~ t r ~, i r TTTTTT ~ r ~) /~ . • T' > lk ~ .. ` f ~ ~ l ~1 ' -, r yy.. : ' _ I u-G~ ~ ~ ~ ~~:% . . i/ F ,~ s ~ ,~,,,_ I tit, '.~~ it ,. ~. _~..~ i ~~ n g1"': ~. F•..$. .C ', ~ ~`- ~, ~ ~7~:;` ~',~t+ i i~' ~ s F '~`~~~al e~'' ,~ Ss . ., - ~ ,,~ i< ,'' f~y.j~/^,~ ?!f ~G . & r i, ".fin, n . 'K^ L K ,>~~ y ~ & t. F ;. , .. ~ _ ,' _t_ ,. ~. :.. ~.. ,. , " ; .~4 , A "_..__"__.._ .~. ~~ _ .rte ~-, C7 /~ l ,~~+,,ry7 0~.i ~:. ,~ ~; . ~f, try . . *~;' , . , . ,. ~, , , ~; ~, y`4'~ #4' ' ~~ ~ 4 } ay y~ ~ ~ ~ y]~ h ~1(`~,w y~ i ~ y~ A~ t ~I ~j F~~~. ' ~~~;~r'~.~.L ~ w ~p~~ l 1 ~ ~n ~ 3 ,. ?' rk, ,,, t.' f Vi A ti. QX'l; 4k ,;e Y 6 ~ ~ ~~ 4 r' ,e • . r ~ ~ F' + ,; ~~~~'J Miss Frankie Yearwood t f., ,, 4~" ' '~ ~"~ , +r ' ~ ~ Mrs . Dorothy Ward ' s .f~~~j ~ , ~~ ~~,... z ~ ~ x. , ~ Mrs . Margaret Moore ~ ~, ~' . : <iT ~ . Y ~ ~.. . ~ ~ ~. :~,, ' . "i ~S~s r .~ r" r • ~y .: ~`.r ~, t ~ y h }. e ;, ,. CF %k k.w YSQ.~. ) }4' j u+ sR' > ~` ~~~,,. ~, ~, ,6, Mr. Melvin Dacus Mrs. Bernice Cheek ~s ice rt is 1 ~~ ,~ ' LION to fir..-----~- . * 4 C omme r c i a 1 .: Rev. Travis Case {Tabernacle Church & School) Mr. Bernard Goldstein t' Mrs. Vera Simonetti, Estate of M., G. ~.. ~.~ ~ ~B:.a~att•;' Nirs. Elizabeth Grazios -Mrs, M'': C. Baxat i; Mrs. Bob Seaton; Mrs. '' :. ~ ;. Dick Ma,cAskill anc~~,.Mrs . Velma Frates .~ ~ , ~ . 512 Graham ~~~~ 4y ~.., ~ ~ ~ , ~ ~'b ~~ ~ ry~~ . ~j(~~~ HT; ,• ,..,r ~.. 4 ~ )dy_~, iry. A~0-. '~ . +d,~ ~ ~ `~; rty~';1 ~' rt ~ ~'.. , ~ ~ . m' ""4. ^w f ~+~~ ~ . . . alt' ^~ A'r Stree~ ~~a. , Y , ~j<a~ ~y ~4 407 Pine Street " ~ ' ~~~ 414 Pine Street ~:r~ ' ; 607-609 Graham Stx~et ,:`': ~,~~ ~ 501-503 Pine Stree.~ ii x +' 521 Graham Street 623 North Missouri 28 Opposition to the resoning was pr®sented by Rev. Geoffrey buncombe, pastor of • the Assembly of God Church, who inforsed the Council the Church property encloses the property in question on two sides, type of businesses permitted in a B-1 or B-2 area would not be conducive to the church, and an oi~fer to purchase the property had been made by the Church approtely two years ago. Mr. Carl Baser, and Mr. Louis Bra~rucci spoke on behalf of the Church. I~r. Don Butler, member of the Planning Commission was present and explained action of the Commission in the setter; also that he had no personal interest in the property. After discussion of types of business under a B-1 and B-2 classification, rights of property owners, Planning Commission research and action on the application, lotion was made by Alderman Scott, seconded by Alderson Morton: That the Council support Planning Commission ~~ decision to deny rezoning application of Mr. and Mrs. Bob Kyle, 512 Pine Street. Upon roll call vote, the voting was as follows: 1~ye: Aldermen: Bentley, Dickerson, Horton, and Scott No: Aldermen: Grissley, Hutcherson, and Payton Aldermen Harris and Hightower abstained. The motion carried. Mayor Rodgers informed the Council Arkansas Power & Light Cospany has requested an electric rate increase from the Federal Power Commission in Washington, D. C. which if approved would increase the rate for power purchased by the City an additional sum of $388,398.95 per annum, and efforts of other cities to loin in opposition to the request. After discussion of proposed rate increase, repre- sentati~ be~o~•e Federal Power Commission, payment of costs by Utility Commission, and Resolution of the Utility Commission, a Resolution was read by City Attorney R. L. Smith. Motion was made by Alderman Hutcherson, seconded by Alderson Dickerson: That the Resolution as read be adopted. Upon vote, the voting was as follows: ire: Aldermen: Bentley, Dickerson, Qrissley, Harris, Hightower, Horton, Hutcherson, Piton, and .Scott. . No: None. The Resolution read as follows: RESOLUTION N0. !66 --- wH~R~AS, The C~.~y any tUe~s~ Memphti.~ and the we.~~ Memph~,~s ` Ct~.i~~..~y Camm.ib8~.an had been na~:~.~~,ed ~hax AnF~anda~ Pawen,r~_and L.igh~ Company ha.~ neque.a~ed an e.~ec~~..ic mate .~ncneaae ~nam the ~'edena.~ Pawen Comm~.~sd.can .gin ~Va~sh~,ng~an, ~. C. which nequ,e.a~ ~.{~ ,, appnaved cuau.~d .inc.~.ea.~e the nape fan p~weh puncha~sed ~by the C~.aty . ~, a~ weak Memph~ia, and cabs the C~.~y .a~ Gle.~~ Memph~.~ an add.i~.iana.~ sum a~ money appnax~.ma~e.~y Three Hundred ~.igh~y-Btigh~ Thaudand Three Hund~ied N.ine~y-F.igh~ ~a~..~an~s and N.ine~y-~~,ve Cen~.~ ($3~8, 39~.95~ p~2n annum ~a.~.2awting ba,i,d appnava~; and, GlH~RBAS, O~hen en~~,~.ieb .and c~i~:ie~ b~ m.i.2o..n~.y ~s.i.~ua~ed and as ~ec~ed b y the A~.F~an~sa~s Pawen and L~.g h~ Campan y neque~~ one: ~en~on, Conway, Hape, Pne~ca~~, C~scea.~a, Nar~h L~.~~.~e RacFi, ~anmen.a '. F.~ec~n.ic Caapena~.ive a~ Newpan~,~ M~.~s~s.i~d.ipp.i Caun~y, B.~ec~n.ic Coapena~.ive a~ B.~y~hev.i~2.~e, and Nan~h AnFZanba~ ~~2ec~n.ic Carpena~.ive -a ~ Sa.~em; and, GJH~R~AS, Repneaen~a~~.ve~s a~ ~sa~id c.i~~,e~s and en~.i~-%e.~. men~.ianed have met and canc~2uded ~ha~ .the .in~:Ene~s~$ a~ a.~~ ~he~,n nebpec~~,ve..inhab.i~an~~s, puncha~en~s, and cu~~amen$ nece.a,~s.i~a~ed y ~. .~he~.n ,~ a.in~.ng fag e~hen .in a ppab~,x~,an ~a the neque~ ~ and pa.d,i~.ian ~,,, a~ Anfzanbad, Pawen and L.igh~ Camrany be~ane the fiede~/Pawen Camrn~,b- a~.an ne.2ct~ive ~a ba.id ~ia~e .incn~.a~ie; arid, ', --- k ~• u Cl t ~1H~R~AS, The pia j~a.~ ed ~.a ~~. ,~:ncnea~ e a ~ Arcf~a`~t~u.%J P wren and L.igh~ Campany, ~,~ appnaved, wau.~d rce~u~~ ~.n urinea~anab~e a.nd un~u~s~,i~-iab.~e paweh ea~s~h ~a the C~.~y a~ G/e~s~ Memph~.~s wh~,eh .i.~ cann~~ a~ hand, a~ we.~.~ ass ~.ncnea~s ed Pawen nape cab~~ ~a the u.2~-i.- .ma~e ea nos um ens a ~ the C~.~ y; and, wH~R~AS, 7h~.~ ma~~en hays been can~s~,dened and d~.~eu~s.~ed by the G/e~~ Memph,i~s U~,i.2ti~y Camm~i~~~,an, and ~sa,id Camm~,.~b~cn hab `~ +~ been adv,~~s ed b y .,~~~ Genena~2 Manag en and ~ne.ineen ~ha~ a.~.~ a ~ the a~anemen~~.aned e~.~~.e~s and en~.i~~.e~, he:ve de~enm.~ned ~~a ,~a.i~~ ~age~hen .in ap~aa~s~.ng the AnFzan~sa~s Pawen and L~.gh~ Company neque~s~, and have ~,n~env~.ewed ~spee~.a.~~.~s~d ~a nepne~sen~ a.~.2 a~ them ,~a.Ln.~.~y be~ane the Fedena~ Pawen Camm~.~b~,an and have neeammende.d the ~~.nm a~ Sp.iega.2, Me~1~.anm.id and S~nebe~ c,~ G-~,.,Gc~.ng~an, ~.C. ~a ae~ .in ~h~.~s~•' , .. --- _ __.____ J __---- --- -• - IUN~R~AS, The (~e~s~ Memphti~s U~~..~,~~y Camm,i~d~.an wad add~,- ~~,ar~a.~.e.y .aa adv.L~sed ~ha~ ~hanaugh nephe.aen~a~,Lan wau~d be canduc~ed by ~sa~.d ~~,nm and ~ha~ each o ~ the parc~~.c.ipa~,ing a~arcemen~~,aned c~,~.ie~s and en~~.~~.e~s wau.~d be nequ~.hed ~a pay fan such ~env~,ee, .i~~ ne~spee~tive parcpan~~.ana~e pnana~a ~shane a~ the ~a~a.2 ea~~ a~ ~sueh de~en~se and ne~spne~en~a~~,an by the a~anernen~~.aned ~spec~.a.~~,~~,~, accand~.ng ~a and bay ed upa n the ne~s pec~~.v e c.i~ y ° ~ arc en~~,~ y' ~ pencen~ag e a ~ ~a~a.2 K~..~awa~~ haun~s ~.nd~.v.idua.2.~ y puncha~s ed ~nam Anf~an~a~s Pawen and L~.gh~: Company dun,ing a g.Lven pen~.ad a~ ~~.me, wh~.eh g~.ve~. ~en~.ad ~sha.2.~ be the .berme pen~.ad ~cn a.P_.~ a~ ~sa.Ld e~.~~.e~ an en~.i~~.e~s; and, ~1H~RFAS, The Gle~s~ Memph~.~ U~~..L~.~y Camm~..b~c~,on be~.ng chub adv~.~sed ha:~ appnaved and ~hene~ane neeammendb ~ha~ the C~,~y Caunc~..~ a ~ ~hQ. C~,~ y a ~ G1e~s~ Memph~.~s appna v e the C~.~y' ~ parc~tie~.- pa~~.an .Ln appa~s~.ng .ba.id ~.nenea~5e a.~ hene~.n men~~.oned and .~e~ ~orc.~h, and ~a ~u.n~hen au~han.ize the Mayan a ~ the C~.~y a ~ G1e~s~ Merrph~.~ ~a ~af~e a.~.~ neee~s~sany ae~~.an .in beha.~~ a~ the C.L~y ne.2a~~.vE. ~o ~~~~ ma~~en and ~a en~en .~n~a and exeec~~e any ean~nac~ an_ ear.~nae~.b a fan dercv~.ee~ a~ ~spee.ia.~~.~~~ nece~b~sany and pan~~,eu.~arc.~y~ c~~.~h the S ~tinm a~ Sp.c.ege.~, Me~tianm~.d and S~nebe.2 ~,n, anden ~a adequa~e~.y pne~s end and nepne~s end the pa~.i ~~.a n a ~ the C.i~ y a ~ we~s~ Memph~,~s .in o ppa~s~.ng ~a.id nape tinenea~s e pna pa~a.P, a ~ AnFzan.ba~s Pawen and L.igh~ Company be~yane the ~edena.~ Pawen Cammti~s~s~.an; and, 3U tUH~R~AS, The C~,~y Caune.~.~ a~ the C~.~y,.v~ i+rti~.~.-~ 1~~.~r~y~-i~~~~ .~, ha.~ eand~.dened the ma~~en a~anemen~:~.aned, the pa.~ti~~.ar. a~ the C~.~y and the neeammenda~~.an a~ ~G-e Gle~~~ Memphti~ U~.~.e,~~y Camm.%.~~s.ian and ~hene~ane 6ia~s been adv~.~ ed ~.n the ma~~en and ~aund ~.~` neee~~sany ~a ~a~Ze appnapn~.a~e and exped~.en~ ae~~.an. NC~1, TH~R~~OR~, ~i~ IT R~S(~~.V~~ 8y the Caune~..~ a~ ~~he *~ Cti~y a ~ ~ve~s~ Memph~.~s , ~ha~ 6 e~.ng ~u.~.~ y adv~,~ ed ~.n the pnem~.~ eb _.. ~; and the ma~~er hene~a ~ ane ~ e~ ~ ankh, Mayan T,~.2d en Radc ens a ~ the C~.~y a~ G1e~s~ Memph~.~s, ~.~ heneby su~han~.zed and d~.nee~ed ~a ~a~Ze any and a.~~, ae~~.an ne.2a~,ive ~a ~h~.~s ma~~en ~.n beha~~ a~ the C.~.~y a ~ (~e~s~ Memph~.d .in ap pa~~,ng the pna pays e.d nape ~.ncneab e a ~ Ani~an- _--__ _ _ __ _ ~ ~ ~ r y .8a~s pvwen and l~.gh~ Company, and un~:hen ~.n beha.~ a .~a~.d Lax. ~a en~en ~.n~o any and a.2.2 can~nac~~s an agnee.men~~s and ~a exeeu~e~ .name ne.~a~.ive ~a ~h~..~ ma~~en fan ~ envtiee.~s a ~ :s pec.ia.2~.~~d neee.a$any, and pan~~.cu~.an.2 y w.~~h the ~~,nm o ~ Sp~ieg e.2, Mc~.ianm.~d anc! S~nebe.~ ~a~ ~1adh~.ng~an, D.C., and ~a ~h~.~s end, ~a band and ab.e.~.ge~~e the C.i~ a Gie~~ Mem h~i~s an `~~ cab~~s .incunned .and nece~s.aan .%n a a.~- y ~i M ~ y p p ~.ng the ~ a,~d pna pays ed nape ~.nenea~s e . Mayor Rodgers introduced Mr. Robert 0. Barham, Communications and Warning System Specialist for the Civil Defense Agency, who had been working with County Civil Defense Director Bill Forman and Mr. Jay Wood in obtaining information on a system to notify the citizens of West Memphis on tornadoes or nuclear disasters. Mr. Barham advised West Memphis would require four siren each covering. approximately 2 miles to be place# as follows: 7th Street Fire Station -northern section of the City Station No. 2 -western section of the City Top of Dobbs Store -southern section of the City Top of man Chevrolet -eastern section of the City Cost of four sirens, parts, and installation would be $27,813.00, Federal Government paying 50~ -City's part $13,906.56. Also, 30 KW Auxiliary Power Generators-5, plus fencing area b x 10 $37,536.39 or ~t sirens and 1 generator for City Hall $].9,151.27, City's share being $13,650. After discussion, motion was made by Alderman Bentley, seconded by Alderman Dickerson: That the matter be tabled for two weeks. Upon vote, the voting vas as follows: Aye: Aldermen: Bentley, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Payton, and Scott. No : None . Lee Cramer vas appointed to -the Auditorium Committee by Mayor Rodgers. Request was made by the~Mayor for funds to employ an additional police officer, who will have special dut-#+is enforcing ordinances, .removal of dunk cars, parking, ~E '~ the cost fcr uniforms, salary, etc. from June 15th to December 31st $1.x,105.00. `' Motion. was made by Alderman Grimsley, seconded by Alderman Dickerson: That Mayor be authorized to employ an additival member of Police Department for.,special duties. Upon vote, the voting was as follows: ~' Aye: Aldermen: Bentley, Dickerson, Grimsley, Harris, Hightower, Horton, _Hutcherson, Payton, and Scott. No: None. Alderman Hightower requested police patrols be increased in the Food Stamp Office area. The Mayor requested action on funds for Youth Program be deferred as received information i'ds will be available for ten boys. ., ~, ~1 Attorney J. H. Spears appeared on behalf of Guaranty Loan & Real Estate Co. requesting the rezoning of a tract of land from RA to RS-10. Recommendation of the Planning Commission that the rezoning request be approved was presented. After discussion of the development of the area and installing 12 inch water line, concensus was the emergency clause should be enacted. Thereupon an ordinance entitled "Aa Ordinance To Rezone From RA To RS-10 A Tract Of Land Iying In The nest 350 Feet Of The SEA Of Section 11, Township 6 North, Range 8 East, And Declaring An Emergency" was introduced by Alderman Hightower, and the City Attorney read the ordinance in full. Alderman Horton, seconded by Alderman Harris, moved that the rule requiring ~,: the reading of an ordinance in fuZ7. on three different days be suspended and that the ordinance be placed on its second reading. The Mayor put the question '', on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Bentley, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Payton, and Scott No: None . Thereupon the Mayor declared that at least two-thirds of all members of the Council having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then read the second time by the City Attorney. Alderman Scott, seconded by Alderman Bentley then moved that the rule requiring the reading of an ordinance in full on three different days be further suspended and that the ordinance be placed on its third reading. The Mayor put the question on the adoption of the motion and the roll being called the following voted: Aye: Aldermen: Bentley, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Payton, and Scott No: None . The Mayor declared that at least two-thirds of all members elected to the Council having voted in favor of the motion to suspend the rule, the motion ;~ was carried aad the rule suspended. The ordinance was then read the third time by the City Attorney. Alderman Payton, seconded by Alderman Grimsley, moved that the ordinance be adopted. The question was put by the Igor on the adoption of the motion sad the ro~.l. being called, the following voted: Aye: Aldermen: Bentley, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Payton, and Scott No: None . Alderman Hutcherson, seconded by Alderman Dickerson, moved that Section 3, the emergency clause, be adopted, and on roll call the following voted: Aye: Aldermen: Bentley, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Payton, and Scott No : None . The Mayor thereupon declared the ordinance and the emergency close adopted and signed the ordinance, which was attested by the City Clerk and impressed with the seal of the City. The ordinance was given No. ??7, and read as follows 32 __ _ __ _ OF~DTT~TdC.~ NO • ~ i HIV O~1DIN~.NGI; ri'O I-t?~ZON~ FROG ~. I`O RS~-10 ~ Tt~ACT OF L.~.ND 1~YII~~G IN I':I~' WEST 350 FEET OF Thr~ SLR OF SECTIOI~~ 11, TOWNSHIP 6 NORT~i, RANGE 8 IJ~.ST, ~.TvD DECLARING ~N Ei~~~GENCY W~~Tw~'~S, application was made to the City Planning Commission to rezone: the hereinaftcx° described. property and after natic~: having beeu published for tie time and itl the raanrser as provided by Ordinance No. 715 t11e msttcx• was h^axad. by the City Planning; Cotn~~:%~~siota. end no p~-:r°sons sppoaring ~t;o prfotc:~t the sage the Planning Commission recorc2mcndcd the,t ss,id application bc~ granted: I3OW, 1`~~tFO:~, =~ °' 1T Ol~.D~'~TT ~D BY 3'I~ CITY COUr~SCIL OF T'HE CITY OI+ WES`i' 1',~N~F'~iIS, ~i~~S~~S SECTIO7 :~ : ~.~``°hat the following described property, to grit : k~ -f~r~,s~V of 1s,Lld l;,~ing; in trio West 350 feet of the SEA of Section 11, ~'c~~f~~ahip ~ T3orth, Prange 8 Es,st described. as follo~rs: Cor~i~enc~- i~x; u.~, the cei~~ter of Section ll, run thence South 0 degrees 5 rciinu tes 13 sccorid.s west x'00.03 feat along -L~le west lino of the SF,~ of Sect~Gc~ 11 to the ~ioint of beginn_gnU; trlence continuo south U c.cgr~ecs 5 r~~inui;c~:~ 13 seconds wort ~,:.l.ong the crest line of the 5:~~ ai' Sect~.on 11 to tae nort~ right; of way lino o:~' U. S. Hi.ght~~ay 70; thence 350 feet -i ~~ an easterly direction along the north right e~f wa,y lin~c or" U. S. ~Lig~l~~r~.y 70; thence north 0 degrees 5 minutes 13 soconds cast on ~, 1'izle pars,lle:L to tl~e west line of the SE } ©f Section 11 to ~~ po~r tit X00 f'e~:~~; outh of the north line of tYie SE ~ of Section 11; th~:~~.ce: nortA~ ~3 cicgrees 55 minutes 30 sccond.s west 350 fcc~t to -k;he point of beginning, beinc; the scene property as U. S. Highway 70 West, West T~emp~iia, 11r~~ansas, be and the see is hereby rezoned RS-10, Single-Family F~esidenc~ D;;trict. SECTION II: That all ox°d.inances or pax°ts of ard~.nances in conflict herewith as°e hereby epealed. SECTION III: EMERGENCY CI~'~USE: It is found and declared by the City Council of the City of ~,'es-t Memphis that this ordinance is necessary for the gro~~~th and e.~pansian of the City of West Memphis; therefore, an emergency is heroby dccla,red to exist, and this ordinance shall be in full force and effect from and after its passage and approval. Eddie. _ Srawley of the iaeer ing Department presented Planning Area Map, dated April, 1973, denoting Planning Axea Jnr'isdiction Dine and Sound Improvements Line and explained Planning authority of the City in the development of subdivisions jn accordance Stith the Map. ,after discussion; an ordinance entitled "An Ordinance To fiend tn'din8ace No. 716, Subdivision Code, Declaring An Emergency, And For Other Purpases~ was introduced by Alderman Dickerson and the City Attorney read the ordinance in Rill. Alderman Hutcherson, seconded by Alderman Payton, moved that the rule requiring the reading of an ordinance 3.n _fnll on three different days be suspended and that the ordinance be placed on its. second reading. The I~a~ror put the question on the adoption of the motion and the roll being called, the following voted: Ayes Aldermen: Bentley, Dickerson, Grimsley, Harris, Hightower, gorton, Hutcherson, Scott, and Payton. N©: None. Thereupon the ~Ieyor declared that at least two-thirds of all members of the Council having voted in favor of the motion to suspend the rule, the motion was carried, and the rule suspended. The ordinance was then read the second t~ ~a ~ +~,e ~~ ~__ . ~~ -~ _ _ ~~ Alderman Grimsley, seconded by Alderman Bentley then moved that the rule requiring the reading of an ordinance in full on three different days be further suspended and that the ordinance be placed on its third reading. The Mayor put the question on the adoption of the notion and the roll being called the following voted: Aye: Aldermen: Bentley, Dickerson, ~riasley, Harris, Hightower, Horton, Hatda"son, Scott, and Payton No: Nose. The Mayor declared that at least two-thirds of all members elected to the Cotancil having voted in favor of the motion to suspend the rule, the motion was carried and the rule suspended. The ordinance was then rad the third time by the City Attorney. Alderman Scott, seconded by Alderman Harris, moved that the ordinance be adopted. The question was put by the Mayor on the adoption of the motion and the roll being called, the following voted: Aye: Aldermen: Bentley, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Scott, and Payton No: None. Alderman Horton, seconded by Alderman. Hightower moved that Section 3, the emergency clause, be adopted, and on roll call the following voted: Aye: Aldermen: Bentley, Dickerson, Grimsley, $arris, Hightower, Horton, Hutcherson, Scott, and Payton ~To : None . The Mayor thereupon declared the ordinance and the emergency clause adopted and signed the ordinance, which was attested by the City Clerk and impressed with the seal of .the City. The ordinance was given No. 778, and read a~s follows: -- _ ,~-- _,ti~--~_ __ -_ -.__ OId)~.I•~"~!~CL~ I~IO - -_.___~_~,a t~~I O~~T)%I~I~~I~'CE ?.'U ~`iI~IEI~ID OI',~1NANCE NU A 71E~ ~ ,. SU~3D~Ti~j~~S~C)TI CODE a DL,CLI~I~II'~G AT~I I?l~~I~Gi~I~~CY, ~d1D I~'OR 0~'IiEI~ ~'UI~'OSES I3Ia I`.~' I~L~~3Y OIZDATT'd~i~D ~3Y `i'Ffi~_~; CITY COUNC'_i L OF THL C.l_T`Y OI'' L~~~aS`I' v,; ~ ~iL! .`III ~ .f~.ktf;{L~~S~e~ .. • Sec;ioA1 :Lp Section 1 -- 1,2 01:' Ordinance IIo. 7:I_~~ is repealed and the r.° folloi~Jiil~ is subs-f~ituted i;hc~ref'c~,,. tF~~ leis eod~ sht~,l:1_ ~~j~p-L,r -~o ~~11_ f'orr~~s of subdividing; and lot :;~~l.i~t_i_~~~; ~.s df~f_i_I.ed iI? SE.ctiozl 1.0 hereof ~~ad ;hall be a-pplic~d~? c. to aL_L land e~~i-i;h~_I~ tho City or' ~~lest P~ier~.phis at~d cep t~,in tzi~ilico~~norated ~~~~eas oi' C~'3~tterlc~en Cot;~nty that aro shoti~rn oI~ trio hl~:_.Zr~in~; ~l~oa tnlar~, dated !'~pril, 173, and dc'-E'i~~od by trio I:~oi.?r~dar~ dc,scrir~~,~ion, datod April 25, .L973." Section ~?o ;"ect~ion 5 ~ 5al cf Ordin~~.rlce No. 71~ i;; zunendc'd to add.:...: the ~#'011o~~rz~1~; a °'For those subdivision ~ ti;~liicii arc located bcyol~d tho Soured _ In~iproverrlc~~~It.; hive ~~." ;)io~~~n c~z~ tl~e Pl~.n~~ in{ !area P~1~~.p ~ uated ~; t~pr il, ~~..~)73, al~~d is dE.~l'it-red 1~y t71e boon<~a~~•y desc~•ip~.ion of_' ,~ ~. ~ rile SoL~d Irriprovern~~tlts ~~~inc~, datod L~p~,il ~ j~ 19739 tree ir~~~raver~2ol~It requiwr~enie~lt:, as defzr~ed Herein ~~,~,e u~aived< `~' lh:is prOViSlUa, hO,~Tever, s7.~~,1_L tit I10 ~~T~ly ~•~alV~ the d.eSl~;n T'E'C~Lti~'e-- merlt or other prov:i_ s~ot~I of th~i_;~ code ~ " "<~c tiarl "3 s 1??!n~r~;el~.c,y C L~.>> ~Es.> z t be:in~; f'ot~nd arld d~>>terr~ir~c,d by tr:e City Cotz~~cil of t.tie City of ti•7c~st I~.olnphis9 l~rkansas, treat the present subdi~- V1 s1UI"1 CO deci.I~l(.I T'e(',LAl~.I~~LC,~P1:; rle]"~'-t;Ofo~'e c':~SlS~;_LI1E; ~~.r('. 1.T1 l.f`lliTlc'dlate t1C'_E'd Of, liIUCI:Lf1C~t:1.C)i1 ~~.!'9d C~1£12~:1j~e lZl talc' lil~t;ereSt Of the OrdC'r~._y ~;1'OWLh s..rld ~x7~F].r1S1C)Il atld the I1cal~;l~I, safety, arld ;~elfs.r~~o of the city of Gd~st I~•Iemphis;~ ~rl~ansas, an eirlergency is Izereby declared to exist ar~d ~~hi s Ordinance sl~lall be in full force and effect from and. after ~ t; ~~a~,sa.P~~ anci approval as required by law_ ~___ ~~ Attorney Liar~ee~ ~ J. Fairley appeared on behalf of Mr . W. H. Howie to protest the ruling of the Planning Commission in denying the application to resone Lot ?, Block 1, Compress, 111-11~ Roosevelt Eros RS ?.5 Single Family Residence to B-2, General Business District. After discussion, motion was made by Alderman Scott, seconded by Alderman Hutcherson: Postpone the matter ~ the next Council Meeting since not on the Agenda. Upon vote, the voting was as follows: Aye: Aldermen: Bentley, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Scott, and Payton. No: None. Mayor Rodgers announced plans are being made by the Chamber of Commerce for celebration of the landing of the Voyageurs in West Memphis on July 1.l~th. Upon inquiry Alderman Scott was informed the 1973 Asph~.t Program will commence on June 11th. Alderman Payton expressed appreciation to the 8ational Guard for assistance 3n the Clean-up Campaign, and the Mayor stated a letter h~'td been sent to the National Guard. The Mayor brought to the Council's attention the 'traffic Signal Light for Missouri Street and South Service Road had been received minu® one part. Alderman Bentley requested ~Co~unci~. send .a:. ~8esdlt~tian _. to the Drainage District to clean-out Ditch No. 12 in the Rainer Property, the request by motion was seconded by Alderman Payton. Upon vote, the voting was as follows: Aye: Aldermen: Bentley, Dickerson, Grimsley, Harris, Hightower, Horton, Hutcherson, Scott, and Payton. No : None . Alderman Bentley inquired as to commencing work on S. Avalon, and was informed every effort is being made to begin the work, however, as a ?0-30~ participation it may be in the spring as application will be subm3.tted iau July. No further business being presented, the meeting was adjourned. MAYOR A • CI LERK APPROVED: June 21, 1973