June 21, 1973:35
MINUTES OF A REQrULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS,
ARKANSAS, HELD ON THE 21ST DAY OF JUNE, 1973•
The Council of the City of West Memphis, Arkansas, in the County of Crittenden,
State of Arkansas, met in a regular session ixi the City Hall in said City at
1:30 o~clock p.m. on the 21st day of June, 1973•
The meeting was called to order by the Mayor, and the roll being called there
were:
Present: Tilden Rodgers, Mayor in the chair, and the following
Aldermen: Thomas Dickerson, D. M. Grimsley, Pritchard Horton, C. D. Hutcherson,
Ann Payton, M. P. Scott, B. G. Smith, and R. T. Bentley; and City
Attorney R. L. Smith.
Absent: Aldermen: W. L. Harris and J. E. Hightower.
It being determined a quorum was present, the following proceedings were had
to-wit:
Minutes of Council Meeting oa June ?, 1973, were approved as read.
Alderman Smith reported the Fire Commission had accepted the bid of Overhead
Door Compat~ Memphis, Inc. for Heavy Du~rAluminum Overhead Doors with Chain
Hoist in the amount of $2,602.00, and the doors have been installed. Also
the Budget included funds for new roofs but it had been ascertained the fleshings
should be repaired instead of new roofs.
Alderman Horton stated the privilege license schedules are being revised.
Alderman Bentley-reported the Insurance Go~ittee has set August 1st as tentative
date for preliminary draft of Retirement Plan.
Progress on 1973 Asphalt Program was reported by Eddie Brawley of the Engineering
Department.
Mayor 8odgers annoux~d the next order of business would be a hearing on application
of Mr. W. H. Howie to rezone Lot,?, Block 1, Compress Subdivision from RS ?.5
Single Family Residence to B-2 General Business District that was appealed from the
Planning Commission decision to red ect. Attorney Lindsey J. Fairley appeared on
behalf of the applicant, and informed the Council of the following: The property
109, 111, 113, and 115 West Roosevelt has a 2001 frontage and approximate depth of
172; the property is vacant and rezoning is requested in order to constrict a
business type office building; the property is directly behind Loeb~s Bar B Q,
which is on Missouri Street also contains a coin ope~ted.laundry and parking area
aid South of Loeb~s is Colem,an's Bar B Q, a vacant lot, and residential area;
decisions of the Arkansas Supreme Court in the cases of City of Blytheville YS.
Thompson and City of Paragould VS. Cooper were elaborated on, and the Commercial
Zone on Missouri Street.
Attorney J. H. Spears appeared in opposition to the rezoning application, and
stated petition protesting the rezoning signed bar 25 property owners in the area
had been filed at the Planning Commission hearing. Attorney Spears brought to
the Councilts attention: Wording of the zoning code pertaining to requirement
of public necessity and convenience, disservice to the general public welfare,
traffic conditions, challenged statement that is an expanding commercial area,
and adoption of zoning code.
Senator Bill Ingram, 116 W. Barton, informed the Council of his interest in the
matter, and requested the property not be rezoned as would deteriorate the valve
of his home. Mr. Paul Lindsey, 119 Roosevelt and Mr. Scott Miller, 120 W. Roosevelt,
spoke in opposition to the rezoning, others appearing to protest the rezoning were:
Mrs. Bernard High-230 Roosevelt, W. H. Hundhausen, Jr.-201 Roosevelt, Mrs. M. Currie-
131 Roosevelt, Clark Tranum-200 Barton, J. 0. Spotts-222 W. Roosevelt, 0. J. Hatton-
11? Roosevelt.
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After discussion, Attorney Fa3rley presented an ordinance for consideration of
the Council, the ordinance entitled ~ An Ordinance To Rezone Lot ?, Block 1,
Compress Subdivision To West Memphis, Arkansas, From RS ?.5, Single Family
Residence, To B-2, General Business District And Declaring An Emergency" was
introduced by Alderman Grimsley, and read by City Attorney Smith. 8011 cal].
vote on the first reading of the ordinance was as follows:
ire s None
No: Aldermen: Dickerson, Grimsley, Horton, Hutcherson, Payton, Scott,
Sm3.th, and Bentley.
The Mayor announced the rezoning denied.
Alderman Smith, Chairman of the Cable TV Co~ami.ttee, reported the Committee is
studying three applications for franchises, and requested additional time to
document findings.
After discussion of the Civil Defense Warning System, motion was made by
Alderman Dickerson, seconded by Alderman Grimsley: That action on the Civil
Defense Warning System be postponed. Upon vote, the voting was as follows;
Aye: Aldermen; Dickerson, Grimsley, Horton, Hutcherson, Payton, Scott,
Smith, and Bentley.
No : None .
Mayor Rodgers recommended the reappointment of Don Burnett to the Airport
Commission advising the Commission had also recommended the reappointment.
Motion was made by Alderman Scott, seconded by Alderman Smith: That
Don Burnett be appointed to the Airport Co~issi0n for a period of five years.
tTpon vote,. the voting was as follows:
Aye: A,ldermmen: Dickerson, Grimsley, Horton, Hutcherson, Payton, Scott,
Smith, and Bentley.
No : None .
8eplat of Lots 1 thru ].l~, Block 1" and Lots 6 thru 10, Block 3, Oakshire First
Addition recommended for approval by the Planning Commission was presented.
After discussion of the change involving the 3:ncrease in size of the lots,
motion was made by Alderman Bentley, seconded by Alderman Scott: That the Plat
be approved. Upon vote, the voting was as follows:
Aye: Aldermen: Dickerson, Grimsley, Horton, Hutcherson, Payton, Scott,
Smith, and Bentley.
No: None.
Preliminary Plat of Third Addition Richland Subdivision recommended for approval
by the Planning Commission. was presented. After discussion, motion was made by
Alderman Scott, seconded by Alderman Hutcherson: That Preliminary Plat of Third
Addition Richland Subdivision be approved. Upon vote, the voting was as follows:
Aye; Aldermen: Dickerson, Grimsley, Horton, Hutcherson, Payton, Scott,
Smith, and Bentley.
No : None .
Attorney James ~. Hyatt, Jr. of Osceola representing Mary C. Davis presented
Petition To Vacate Street For Non User, the Petition read as follows:
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BEFORE THE CITY COUNCIL OF THE CITY. OF
WEST MEMPHIS, ARKAN5AS
PETITION TO VACATE STREET FOR NON-USER
T0: The Honorable Tilden Rogers, Mayor, and
The City Council of the City of West Memphis, Arkansas
J
y
I
Comes Mary C. Davis, individually and by her attorney, James
E. Hyatt, Jr., P. Q. Lox 336,\Osceola, Arkansas, and for her Peti-
tion to ~Tacate Street for Non'-User under the provisions of Sections
19-3824, et .sea., Arkansas Statutes 1947. Annotated, states:
1. That .she is, and her predecessors in title have since
October 22, 1.937, been, the sole owner of Lot 68 in Block 9, ac-
cor~.ng to an'unrecorded plat of M. L. Thompsonis Second Addition
to West Memphis prepared by St. George Richardson in October, 1.933,
and being part of the Southwest Quarter (SW%~ of Section 7, Town
ship 6 North, Range 9 East, more particularly described as:
Beginning at the Northwest Corner of Lot 67 of the M. L. Thompson
West- Memphis Subdivision, as shown by Plat of said Subdivision
recorded in Plat Book One, Page 42, in the Office of the C1erk~
of -the Circuit Court of said Crittenden County, running thence
North 56.34 feet; thence in a Northeasterly direction in a curve
with a radius of 40 degrees 73.28 feet; thence South 75 degrees
East 154.92 feet; thence South 54.97 feet to the Northeast Corner,
of said Lot 67; thence West along the North line of said Lot 67,
200 feet to the point of beginning, which said unrecorded Plat is
now recorded in Plat Book 1 at Page 85.
2. That on October 10, 1929, M. L. Thompson, or someone with
the apparent authority, caused to be filed in Plat Book 1, Page 42,
of the Records of the Office of the Circuit Clerk and Ex-Officio
Recorder of Crittenden County, Arkansas, a Plat entitled "M. L.
Thompsonts West Memphis Sae-~Divisicr~", prepared by St. George
Richardson, C. E., in February 1925, which Flat, together with
in 1934 an unrecorded Plat of M. L. Thompson's Second Addition
to West Memphis, prepared by St. George Richardson in October
1933, is used as a basis for describing the lot and lands owned
by this Petitioner. A certified copy of that portion of .the sa~.d
M. L. Thompson West Memphis Sub--Division Plat, filed in Plat Book _
1 at Wage 42 of the Records of Crittenden County, Arkansas, con-
cerning and affecting the land and street in question, is attached ~.
hereto as Exhibit "A", and made a part hereof as though set out
herein word for word. That said Plat shows a street .immediately
North of and contiguous to Lot 67, running East and West, esti-
mated to be 40 feet North and South by 200 feet East and West,
which Street is encompassed by the lot o~~-ned by this Petitioner
according to the above description and -that of the Deeds of her
predecessors in title. That said Street is non-existent, .that
said Street has never been recognized as a street or alley, that
said Street has never been used by the public as a street or,
alley and has not for a period of thirty-nine (39~_ years prior
to the filing of this Petition been used as a street or alley,
that your Petitioner is the sole owner of all of .the property
adjacent to or encompassing said Street, save and except, a
street which runs North of said alleged Street at the present. .
time known as Graham Avenue, which is owned by .the City of West
Memphis, as shown by a Pl~;t of the Miles L. Thompson's 2nd Ad-
dition to West Memphis, Section 7, Township 6 North, Range 9
East, Crittenden County, Arkansas, prepared by St. George Richard-
son, C. E., October 1933, a certified copy of said Plat .covering
the land in question and recorded in Plat Book 1 at Page 85 in
the Office of the Circuit Court Clerk and Ex-Officio Recorder
for Crittenden County, Arkansas, is attached hereto as Exhibit
tt~~~t ,,,.,a ,.,,.,,~~ ., ,-.~,~t T~arAnf ac tl~ni~ah ~E?t n71fi herein WOrd for word.
3ti
3. That Petitioner and her predecessors in title took title
to the lands above described as Lot 68 of Block 9 of .the Miles
L, Thompson's 2nd Addition to West Memphis, Arkansas, based on an
unrecorded Plat of said 2nd Addition and .the original Plat filed
in Plat Book l at Page 42 in the Off ice of the Recorder fox
Crittenden County,which Plat has now .been recorded in Plat Book
1 at Page 85 in the Office of the Recorder for Crittenden County,
Arkansas; that said Plat of the 2nd Addition as appears in Plat
Book 1 at Page 85 of the Records for Crittenden County., Arkansas,
which is attached hereto as Exhibit "B" is a true and correct .Plat
and descxipta;on of the lands conveyed to the- Petitioner and .her
predecessors in title and which she and .those under whom she
claims title to said lands have been in the open, adverse, hos-
tile, notorious, continuous, actual and peaceful possession for
thirty-nine (39) years, and that their title and right to pos-
sesaion.have not been c{uestioned b anyone.-
. ~ y
4. Petitioner believes that .the areas shown as Lots 66
through 74 of ~. L. Thompson's West Memphis Sub-Division recorded
in 1929 in Plat Book 1 at Page. 42 is the identical property as
Lots 66 through. 68 , o~ Block 9 and Lots 7? ;through 74 of Block
11 of the Miles L. Thompson's 2nd Addition to West Memphis, pre-
pared by St. George Richardson in October 19.33, and some~~imes
mentioned as an unrecorded Plat, which latter Plat is also the
same Flat recorded in Plat Book. 1 at Page 85 in the Office of
the Recorder for Crittenden County; that .the latter Plat was
intended to supercede t e former Plat and. conveyances made from
the latter Plat ignor-, the cloud created by the former Plat;.
and that after the making of the 1925 Plat of the M. L. ThompsonYs
West Memphis Sub-Division, recorded in 1929, lots were re-surveyed.
and the Sub-Division re-designed so as to eliminate the approxi-
mately 40 .feet by 200 feet East-West Street hereinabove described,
and in place thereof, put a curved road through Lots 69 and 68
of the former Plat and added Lot 68 contiguous to Lot 67, all as
shown on the latter Plat,. all as shown by overlapping Plats of
said Sub-Division which are attached hereto as Exhibits "C" and
"D", and made a part hereof as though set out .herein word for word.
5. That by reason of the aforesaid, Petitioner is entitled
unde~ the provisions of Sections 19-3824, et secy., Arkansas Stat-
utes~,~~.~notated, to have said East-West 40 feet by 2OO feet Street
here~.nabove described and shown on Exhibit"A", and in Plat .Book
1 at Page 4z in the Office of the Circuit Court Clerk.-and ~x-
O~ficio Recorder fox Crittenden County, Arkansas, vacated and
abandoned.
WHEI~EPORE, Petitioner prays that the City of West Memphis,
Arkansas, b and pursuant to the provisions of Sections 19-3824,
et sea., Aransas Statutes 1947 Annotated, vacate and abandon
said Street; and for such other and further relied as may in the
premises be warranted.
Respectfully submitted,
MARX . DAVIS, Petitioner
~y /,
BY
J vies E. Hyatt, J,~
~torney at Law
P~ 0. Box 336
Osceola, Arkansas 72370
AttorneY_for Petitioner
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After discussion, notion was made by Alderman Smith, seconded by Alderman
Hutcherson: That Resolution Fixing The Date For Hearing July 19, 1973, at
1:34 P.M., and Directing The City Clerk To Give Notice Of Hearing be adopted.
IIpon vote, the voting was as follows:
Aye: Aldermen: Dickerson, Grimsley, Hortoa, Hutcherson, Payton, Scott,
Smith, and Bentley.
No : None .
The Resolution read as follows:
--_~.~~ ____ _ _ _ _ _ _ _ RESOLUTION NO . _ fib? OF 19.73 _ _ __
RESOLUTION FIXING THE DATE AND TIME FOR HEARING
ON PETITION TO VACATE STREET FOR NON-USER AND
DIRECTTNG THE CITX CLERK TO GIVE NOTICE OF SUCH
MEETTNG AS REQUIRED BY LAW.
WHEREAS, a Petition to Vacate Street fox Non-User was duly filed
with the City Council of the City of 'lest Memphis, Arkansas, on June
15, 1973, by Mary C. Davis, asking, the City Council to vacate and
abandon all that portion of the s~txeet estimated to be 40 feet North
and South by 200 feet East and West which lies North of Lot 67 and
South of Lot 68 Qf the M, L. Thompsonts West Memphis:Sub-Division
as same now appears of recoxd on a Plat of said Sub-Division pre-
~aared by St. George Richardson, C. E., in February of 1925, and
filed for record on October 10, 1929, in Plat Book 1 at Page 42, in
the Office of the Recorder~of Crittenden County at Marion, Arkansas;
and, -'
WHEREAS, Section 19-3826, Arkansas Stat~xtes 194.7 Annotated pro-:
vides that after the filing of such a Pet~.tion, the Council shall, by
Resolution, fix a day for the hearing of such Petition and shall dir-
ect the City~Clerk to give Notice of such meeting by publication once
a week for two ~2) consecutive weeks in some newspaper having general
circulation in this City, stating the name of the person who signed
the Petition, identifying the street requested to be vacated and
abandoned by abutting lot or block numbers, and advising all persons.
that on a certain day therein named the Council will hear and deter-
mine whether the street shall be vacated.
NOW, THEREFORE, Be it resolved by the City Council of the City
of West Memphis, Arkansas, that this Council hold a hearing, pur-
suant to the provisions of Section 19-3826, et .sea., Arkansas Statutes
1947 Annotated, on the Petition to Vacate Street for Non-User filed
herein and herewith by Mary C._Davis on June 15, 1973 and on the
question of whether or not said street as described therein should
be vacated and abandoned, in the City Hall of the City of West
Memphis , Arkansas , on 1'hur~d.~°~~' , the 19th day of
Ju.7.y 1973, at 1:30 0 ~ clock-p .M. .
BE LT RESOLVED FURTHER, that the City Clerk be and she hereby
is directed to give Notice of such meeting by publishing once a week
for two (2~ consecutive weeks in some newspaper published in the
County and haying a general circulation in the City of West-Memphis
a Notice of the date, time and place of said hearing, stating the
name of the person who signed the Petition, identifying the street
to be vacated and abandoned by abutting lot numbers and advising all
persons that on said date, time and place the Council will hear and
determine whether said street shall be vacate. and abandoned, as re-
quixed by Section 19-3826, Arkansas Statutes 1947 Annotated.
PASSED by the Council and approved by the~Mayor this 21st
day of June, 1.973.
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40
Motion was made by Alder~aan Scott, seconded by Alderman Horton: That the Mayor
be authorized to advertise for bids for repair of the roof fleshings for Fire
Stations 1, 2, and 3. Upon vote, the voting was as follows:
Aye: Aldermen: Dickerson, Grimsley, Horton, Hutcherson, Payton, Scott,
Smith, and Bentley.
No : None .
Mayor Rodgers brought to the Couacil~s attention. the annual Tax Resolutions which
were read by the City Attorney.
Motion was made by Alderman Hutcherson, seconded by Alderman Horton:That the
Resolution for general purposes, debt service, and library be adopted. Upon vote,
the voting was as follows:
Aye: Aldermens Dickerson, Grimsley, Horton, Hutcherson, Payton, Scott,
Smith, and Bentley.
No: None.
The resolution read as follows:
RESOLUTION NO. l~b8
BE IT RESOLVED BY THE CITY' COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS:
That a tag of five (5) mills upon the dollar for general purposes, five (S)
mills upon the dollar for debt service , and one {1) mill upon the dollar for
public city library upon the assessed value of all real and personal. property
within the limits of the City of West Memphis, Arkansas, be and the same are
hereby levied, And the City Clerk is hereby directed to deliver a certified
copy of this Resolution to the Clerk of the County Court of Crittenden County
for the tax books for the year 1973•
Motion was made by Alderman Scott, seconded by Alderman Dickerson: That the
Resolution pertaini#~to tax for Policeman•s Pension and Relief Fund be adopted.
Upon vote, the voting was as follows:
Vie: Aldermen: Dickerson, errimsley, Horton, Hutcherson, Payton, Scott,
Smith, and Bentley.
No: None.
The resolution read as follows:
RESOLUTION NO. X69
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANNSAS:
That a tax of one {1) mill upon the dollar for Policeman's Pension and Relief
Fund upon the assessed value of all real and personal property within the limits
of the City of West Memphis, Arkansas, be and the same is hereby levied, and the
City Clerk is hereby directed to deliver a certified copy of this Resolution to
the Clerk of the County Court of Crittenden County for the tax books for the year
1973.
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Motion was made by A~.de Smith, seconded by Alderman Hutcherson: That the
Resolution levying one mill tau for Firemen's Relief and Pension Fund be adopted.
Upon vote, the voting was as follows:
Aye: Aldermen: Dickerson, Grimsley, Horton, Hutcherson, Payton, Scott,
Smith, and Bentley.
No: None.
The resolution read as follows:
RESOLUTION NO. ~?0
BE IT RESOLVED BY TAE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS:
That a tax of one (1) mill upon the dollar for Firemen~s Relief and Pension Fund
upon the assessed value of all real and personal property within the limits of the
City of West Memphis, Arkansas, be and the same is hereby levied, and the City
Clerk is hereby directed to deliver a certified copy of this Resolution to the
Clerk of the County Court of Crittenden County for the tax books for the year 1973•
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Mayor Rodgers informed the Council Mr. Bill Mulhurn of the Arkansas Highwsy
Department stated would expedite plans for construction of S. Avalon this fall
if possible.
eY~e~°nd, Jr. discussed with the Council Drainage District 6 boundaries, amc~uats
an~ expended, and efforts to return equip~aent for work in West Memphis .
Alderman Horton inquired as to eliminating odor of 10 Mile Bayou between S. Service
Road and East Barton, and use of street sweeper on Broadway east of lltth Street.
Heavy Trucks on streets causing damage was considered, and the Mayor appointed
a Co~ama~ittee of Alderman Grimsley, Chairman and Aldermen Horton and Scott to
confer .with the Engineering Department on truck routes.
Alderman Horton commended City Employee Hollis Warren for street work.
No farther business being presented, the meeting was adjourned.
1
ATTEST
.~. CITY
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APPROI~D : JULY 5 ., 197,x________