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March 6, 1975 MINUTES OF A REGULAR MEETING OF THE COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HAD AND HELD ON MARCH 6, 1975. The City Council of the City of West Memphis, Arkansas, met in a regular session at its regular meeting place in West Memphis, Arkansas, at 1:30 p.m. on the 6th day of March, 1975. City Engineer Brawley offered prayer. The following were present: Mayor Joyce Ferguson, presiding, and Aldermen: C. D. Hutcherson, J. C. King, R. T . Bentley, R. S . Cosgrove, Thomas Dickerson, D. M. Grimsley, J . E . Hightower, A. 0. Holt, and Pritchard Horton; and City Attorney R. L. Smith. Absent: Alderman W. L. Harris. It being determined a quorum was present, the following proceedings were had to-wit: Alderman Horton, seconded by Alderman King moved to dispense with reading of minutes. Upon roll call vote, the voting was as follows: Aye: Aldermen: Hutcherson, King, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, Holt, and Horton. ?'30 : None . .Alderman Dickerson, Chairman of the Sanitation Committee, reported bid was awarded to Hawkins Equipment Co for the Pak-P•~or Refuse Collection Body and to Chalmers Buick for the truck. City Engineer Brawley reported bid of Southern Spray Company, the low bid, was accepted for the 1975 Wood Control Program. Also, bid for new tractor with rear mounted and side mounted mowers was awarded to International Harvester Co., the low bidder. Mayor Ferguson announced the appointment of Mrs. Maggie McCormick a resident of Ward ~. to the Park Commission. The vote on approving the appointment was as follows: Aye: Aldermen: Hutcherson, King, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, Holt, and Horton. Puo : None . The Mayor announced Mrs. Jerry Swetland had resigned from the Auditorium Commission, and appointed Mrs. Lillian Faulk to the Commission. The vote on approving the appointment was as follows: Aye: Aldermen: Hutcherson, King, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, Holt, and Horton. No: None. Report was made by Mrs. Sarah Smith, Deputy City ~lerk, on delinquent privilege license. After consideration, Alderman King, seconded by Alderman Cosgrove moved that Mrs. Smith and Chief of Police notify and warn businesses on the delinquent privilege license list if not paid by the next Council meeting legal action will be taken. Upon vote, the voting was as follows: Aye: Aldermen: Hutcherson, King, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, Holt, and Horton. No: None. Alderman Horton brought to the Chief of Police's attention enforcement of ordinance pertaining to privilege licenses for trucks coming into West Memphis. r City Attorney Smith read a Resolution requesting the legislative delegation propose legislation to allow the Judges of the Judicial Districts to set their own calendars in their respective districts. Alderman Cosgrove, seconded by Alderman Horton moved that the Resolution be adopted as read. after consideration, the voting was as follows: Aye: Aldermen: Hutcherson, King, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, Holt, and Horton. No: None. The Resolution read as follows: RESOLUTION N0. 522 WHEREAS, there has been a move by the Crittenden County legislators to form a Special Judicial District in order to alleviate the heavy case load in Crittenden County, and ~ll[EREAS, the need for the Special Judicial District has had divided opinions by many people in Crittenden County, and WHEREAS, there seems to be a unanimous opinion that there is a need for more days for Criminal Court in Crittenden County, and Wl AS, a study has rev®led that there are many counties in the Second Judicial District which do not utilize all of their days for Criminal Court, and WH~',REAS, it is believed that the State Legislature can pass legislation allowing the respective Judges to set their own calendar days in order that more days may be secured for Crittenden County; THEREFORE, BE IT RESOLVED that the Crittenden County legislative delegation be requested to propose legislation to allow the Judges to set their own. calendar in their respective districts. Mr. Pat Johnson, Manager of the Utility Commission reports the 197 Net Income was `'507,000, grants of $621,953 made to the City, which was 122 of income, decrease of $26.,000 in working capital, retired $169,000 Bonds, Electrical income $5.2,000, i~dater Department $61,000 and Sewer Dept. $95, 000 loss . Revenue sharing funds, rate increase of Aj''kansas Power & Light Company, summer and winter loads, peak load demans and billing, inventory, grants previously made to the City, and inability to make grants to date in 1975 due to funds available were discussed. An ordinance entitled 'rAn Ordinance To Rezone A Tract Of Land In The NE 4 Of Section 7, Township 6 North, Range 9 East, To Be Known As Holiday Gardens Subdivision Extension, Section 3" read the first time on February 6th and the second time on February 20th was read the third time by the City Attorney. Alderman Bentley, seconded by Alderman Horton 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: Hutcherson, King, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, Holt, and Horton. No: None. The Mayor thereupon declared the ordinance adopted and signed the ordinance, which was attested by the City Cler~~ and impressed with the seal of the City. The ordinance was given P1o. 826 and read as follows: .'~ ORDINANCE NO, U ~ G A N ORDIlVA~TCE TO REZONE . A TRACT OF LAND II1~ THE' NE ~ OF SECTION ?, TO~VNSHLP 6 NORTH, RANGE 9 EAST, T O BE K.~TOWN AS HOLIDAY GARDENS SUBDIVISION EXTENSIQi1~', SECTION 3 'UC~f-IEREASp application was made tv the City Planning Commssion to rezone the hereinafter described property and after notice having been published for the time and in the manner as provided by Ordinance No. 715 the matter was heard by the City Planning Commission and ro persons appearing to protest the same the Planning Cornm_ission recomrr3ended that said application be granted; NO~'~ THEREFORE, BE IT ORDAINED BY THE CITY' COUNCIL OF THE CITY OF BEST MEMt''HIS, ARKAIti~SAS: SECTION I: That the following described property, to wit: 'T'hat part of the NE 4 of Suction 7, 'T'owns hip 6 North, Range .. 9 East, described as follows: Commencing at the 1 /4 corners of Sections 7 and 8, 'Township o North, Range 9 East, Crittenclez~ County, Arkansas, thence west along the centerline of Bartor-~ Street 273 feet, thence nor th 315 feet, thence 730, 24 feet along a curve to the right w?th a radius of 2774. 48 feet to the point oi' beginnin;, point being the northeast corner of t~'Veaver School property, thence continued along said curve to the right with a radius of 2774, 48 feet a distance of 850, 37 f~lct, point being the northwest corner of Lot 16, Block 18, Holiday Gay-dens Subciiv:sion, thence north 70 degrees 47 minutes west to the intersection of the east li:`2e of Section 7, Township 6 North, Range 9 East, thence north along the east line of Section 7, 'Township s I1Torth, Range 9 East, to the northeast corner of Section 7, thence west along the north ]..~.ne of Section 7, Township 6 North, Range 9 East, to the intersection of McAuley Drive 'Nest, thence South 14 degrees 33 minutes west along the centerline of McAuley Drive ~~Test 1292, 36 feet, thence easterly along a curve to the right with a radius of 840 feet to the centerline of Goodwin Avenue, thence north 4f degrees 45 minutes 38 seconds east 629, fib feet, thence along a curve to the right with. a radius of 900 feet a distance of 45. 1S feet, thence south 26 degrees 42 minutes 39 seconds east 476, 56 feet, thence south 84 degrees 04 minutes 28 seconds east 404, i7 feet to the point of beginning, containing 50 acres, more or less, being also known as Hroliday Gardens Subdivision Extension, Section 3, be and the same is hereby rezoned RS 7, 5, Single Family Residence District, SECTION II: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. ADOPTED this ~ d ,~' _______._ ay of .. ~ .~ ~ ~ ~~ _.__r___, ]. 9 ~ 5. A'T'TEST: ~~ ~ ~ / f; ~~ Charles F. D eGraff, C ity C r ~~ ~~ ~' : - ~.C F ~~~guso~r, ivTayor~ D Hearing on West Memphis Transportation Company bus operations in West Memphis was announced by the Mayor. City Attorney Smith informed the Council after receiving complaints as to routes of the bus company that had been granted a franchise by Ordinance No. 173 for 20 years and expired in 1969, he had informed Mr. Hamilton Smythe of the Transportation Come of the hearing, but failed to state Council Meeting time. Mr. Woodrow Comp~~y, owner of Yellow Cab Company in West Memphis, and his Attorney Chad Durrett advised routes being used by the Bus Company are in direct competition to the Cab Company, and requested if a franchise is granted routes be restricted to the main thorough fares. After discussion of no compensation being paid the City by the Bus Company, Cab Licenses, City's obligat~_on to provide economical transportation for citizens, financial condition of bus company, purchase of a public transportation system, and Grant to be received by the City of Memphis for study of bus service, Alderman Hutcherson, seconded by Alderman Grimsley moved that a Committee be appointed to study the matter and report next Council meeting. Upon vote, the voting was as follows: Aye: Aldermen: Hutcherson, King, Bentley, Cosgrove, .Dickerson, Grimsley, Hightower, Holt, and Horton. No: None. Mayor Ferguson appointed Alderman Hightower, Chairman of the Committeg and Aldermen Dickerson and Hutcherson. Bich for the 1975 Mosquito Control Program were read by City Attorney Smith. Bid Notice was published in the Evening Times on February 12th and 19th. The following bids were received: McNeely Flying Service, Earle, Arkansas Total for each application flying and chemicals: $2880.00 Tri-State AG Company, Inc., West Memphis Total cost per acre of $1.06 cents Minimum of five applications over approximately 3,000 acres Alderman Grimsley, seconded by Alderman King moved to refer to a committee. After discussion of specifications and submitting bid forms, the voting was as follows: Aye: Aldermen: Hutcherson, King, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, Holt, and Horton. No : None . Mayor Ferguson appointed Alderman King, Chairman of the Committee, and Aldermen Holt and Grimsley. Mayor Ferguson informed the Council of recommendation to include the words "death or" in the Personnell Manual page 9, last line of last paragraph, the aerltence to read as follows : If at the end of his term of service upon death or retirement (retirement being after twenty (20) years of continuous service or upon reach sixty-five (65) years of age) any employee who has unused accumulated sick leave, shall be paid for such sick leave at the regular rates of pay in effect at the time of retirement. The addi~fiion of the words to be retroactive to January 1, 1975. Up-dating of the Manual was discussed, and Alderman Cosgrove, seconded by Alderman Grimsley moved that endorsement be adopted. Upon vote, the voting was as follows: Aye: Aldermen: Hutcherson, King, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, Holt, and Horton. No: None. Matter pertaining to purchase of a truck for the City Garage tabled at a previous meeting was considered, and Alderman King, seconded by Alderman Grimsley moved that the matter be turned over to a committee. Upon vote, the voting was as follows: lye: Aldermen: Hutcherson, King, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, Holt, and Horton. No : None . The Mayor appointed Aldermen King and Bentley as Committee. d Alderman Horton, seconded by Alderman Cosgrove moved recess the meeting until 3:30 p.m. for attendance at funeral. Upon vote, the voting was as follows: Aye: Aldermen: Hutcherson, King, Bentley, Cosgrove, Dickerson, Grimsley, Hightower, Holt, and Horton. No: None. 3:30 p.m. Meeting called to order, Alderman Hightower was not present Mayor Ferguson introduced Mr. Jack Rich, who reviewed plans for construction of a building for the Girls Club of West l~iemphis to be located on property he had donated also financial arrangements and donation of $10,000 toward construction of building. Judge Lindsey Fairley explained legal matters pertaining to the donation and financing and Mr. Al Boards, Present of the Club, elaborated on the operation of the Club. Excerpt from Act 879 of 1973 was read, designation of funds, and members of the Club were discussed, thereupon, Resolution designating the Girls Club of West Memphis as the recipient of the one-third unredeemed winning parimutuel tickets from Southland Racing Corporation was read. Alderman King, seconded by alderman Horton moved to adopt the Resolution. Ownership of the property, appointment of committee to work with the Girls Club, reports, and a directive to be sent to all organizations receiving funds from the City as to number of people served and budget were considered. Upon roll call vote, the voting was as follows: Aye: Aldermen: Hutcherson, King, Bentley, Cosgrove, Dickerson, Grimsley, Holt, and Horton. No: None. The Resolution read as follows: RESOLUTION N0. 523 T,~THEREAS, twenty-five interested citizens of West Memphis, Arkansas, on June 2, 1970, organized the Girls Club of West Memphis to provide supervised, recreational, education, inspirational guidance and character building for girls of this community; and WHEREAS, these people and others have operated such programs from such time to present serving some 350 young females in the last year; and WHEREAS, operations to date have been conducted from a totally inadequate club facility from which the club has received notice it must vacate; and WHEREAS, the adults involved in the club enterprises have given of their time and efforts tirelessly in conducting sports programs. of basketball, softball, swimming, tennis, track, arts and crafts, sewing and fund raising activities of operating concessions at Horse Shows, Mobile Home Shows, Square Dance Programs, Ball fields and candy sales; and WHEREAS, through efforts of persons interested in the Girls Club of ~r~rest Memphis, Representative Lloyd McCusiton introduced and passed legislation to benefit young females of West Memphis; and trn~REAS, Act 879 of 1973 provides for one-third (1/3) of the amount of unredeemed winning pari-mutuel tickets at dog racing tracks in this state not presented to the franchised holder on or before the one hundred and eightieth (180th) day next following the last racing day of each racing meet which are received by the city in which such dog racing track is located, shall be, upon receipt thereof by the city, used for charitable purposes only benefiting young females of the city, as determined by the mayor and the governing body of said city; and .. _ .. ,. ~. WHEREAS, the 69th General Assembly in its regular session in L973 passed sa3_d Act 879 containing an emergency clause providing for its immediate effect and sas_d act was signed into law on April 16, 1973, by the Honorable Dale Bul-npers, Governor; and I~~HEP.EAS, the Girls Club of bti'est Memphis on September i7, 1973, .made application to the Mayor and City Council o~ the City of West A~emphis, .Arkansas, for these funds in order to construct a Girls Club facility in West Memphis,, Arkansas; and WHEREAS, after-due deliberation and discussion the West Iuiemphis City Council on January 17, 1974, passed a motion designating the Girls Club of West Memphis as receipient of the a.foredescribed funds ; and WHEREAS, the Girls Club of West Memphis is a~. this time ready to embark upon a construction program to construct a Girls Clc:b facility in T:'est i~ernphis, Arkansas, which will be of substantial benefit to the city and especially young females of West ~~Iemphis; and ~^YHEREAS, The Rich Family Charitable Foundatian has donated 5.81 acre s of land to Girls Club of West Memphis for use in con- structing such facility together with $10,000.00 cash to be applied to~rard such construction; and T~7HEREAS, in order to build such facility it will be necessary to borrow funds from lending institutions executing a note and mor-- tgage on said property and the building to be constructed in order to pay for same; and V~REAS, it is necessary to give such lending institutions assurance that funds will be available to make payments to amortize a .loan in the amount of $150,000.00 over ten (10) years; and WHEREAS, the only substantial funds available for such purpose are the funds provided by Act 879 of 1973 and it is the desire of the City Council of the City of West Memphis, Arkansas, that the i Girls Club of t~~est !~~emphis be allowed to pledge that portion of such 1 ~ funds necessary to amortize a $150,000.00 loan over ten (10) years.. '-, ~ a. h0i~1, THEREFORE, BE IT RESOLVED by the City Council of .the City of Vest A~emphis that the Girls Club of West I~'iemphis is designated as the recipient of the one-third {1/3) unredeemed winning pari- mutuel tickets from Southland Racing Corporation pursuant to Act 879 of 1973, in the amount and for the term necessary for pledge to lending instutior_s by Girls Club of West Memp~-iis to retire in- debtedness necessary to finance and construct said club facility on the land previously donated to the Girls Club of West Memphis by The Rich Family Charitable Foundation in a principal amount of not more than $150,000.00 amortized over not more than tQn {10) years at an interest rate of not more than eight and one-half percent { 8Y Q } per annum.. It is the finding of the City Council of the City of West ~~Zemphis, Arkansas, that enactment of this resolution is necessary to immediate protection of the public safety, welfare and peace of the inhabitants of the City of West Memphis, Arkansas, and an emergency is hereby declared to exist and this res©lution shall be .n .full farce and effect immediately upon its passage and approval. ~..ry~~ ,.-rc~3c~c The Council expressed their appreciation to Mr. Rich for his donations to the Girls Club and interest in the project. Invitation to attend Programs of the Girls Club was extended by President Al Boals to the Council. Mayor Ferguson appointed Committee to work with the Girls Club, Alderman Cosgrove, Chairman, and Aldermen Horton and Harris. The Mayor announced the next order of business was consideration of the Utility. Ordinance. City Attorney Smith read an ordinance entitled r'An Ordinance To Abolish The West Memphis Utility Commission, To Place The Management, Regulation And . Governing In The Mayor And West Memphis City Council, Declaring An Emergency, And For Other Purpsoes.rr ~ Alderman King, seconded by Alderman Bentley moved that. the ordinance be adopted. Upon inquiry as to who requested the ordinance be placed on the Agenda, Alderman Bentley advised he had requested the ordinance be considered and stated his reasons for the request. -The Council discussed taking charge of the Utility Department,' time involved, need for City to be brought under one body, responsibility of Council, cooperation and response to requests by the Utility Department, consolidation of Departments, increase. of utility rtes, computer program, auto maintenance, a - central purchasing department, bond requirements, reorganization, elimination of inefficiency, and receiving ordinance in ti~.e to study prior .to meeting, thereupon, Alderman Bentley requested the ordinance be considered with the emergency clause and introduced the ordinance with t~ie~emergency clause, Alderman Cosgrove seconded the motion . ~ . Alderman Horton, .seconded by Alderman Grimsley roved that the rule requiring the reading of an,ordinance in full 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: Hutcherson, King, Bentley, Cosgrove, Dickerson, Grimsley, Holt, and Horton. N o : 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 tie rule, the motion was carried and the rule suspended. The ordinance was then read the second time by the City Attorney. Alderman King, 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: Hutcherson, King, Bentley, Cosgrove, Dickerson, Grimsley, Holt, and Horton. 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 and the rule suspended. The ordinance was then read the third time by the City Attorney. Alderman Bentley, seconded by Alderman King, 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 fallowing voted: Aye: Aldermen: Hutcherson, King, Bentley, Cosgrove, Dickerson, Grimsley, Holt, and Horton. No : None . Alderman Hutcherson, seconded by Alderman Grimsley, moved that Section ~, the emergency clause, be adopted, and on roll call the following voted: lye : Aldermen: Hutcherson, King, Bentley, Cosgrove, Dickerson, Grimsley, Hot, and Horton. No: None. The Mayor thereupon declared the ordinance and the emergency clause adopted, the ordinance number was 827. The ordinance read as follows: ORDINANCE N0. 82 7 AN ORDINANCE TO ABOLISH THE WEST T~IEMPHIS UTILITY CO~~~IISSION, TO PLACE THE MANAGEMENT, REGULATION ATJD GOVERNING IN TF~ T•7AYOR AND WEST T~~~~IPHIS CITY COUNCIL, DECLARIl~TG AN E1~TERGEr1CY, AND FOR OTHER PtTRPOSES . WHEREAS, under the provisions of Arkansas Statutes 19-x.051 - 19-x.060, the West Memphis Utility Comm~,ssion was organized by the West Memphis City Council, the 21st day of December 195., and WHEREAS, Arkansas Statute 19-?060 gives the City Council of each City within this State authority to repeal the Ordinance creating a Utility Commission under this act, and WHEREAS, the Cr~lest Memphis City Council desires to place the management, regulation and control of the Utility Department, under the Mayor and City Council, and WHEREAS, an act has been recently proposed in the Arkansas Legislature to place the West Memphis Utility Commission under the control of elected officials, and WHEREAS, the City Council of the City of West Memphis, Arkansas feels the Utility ~~~:. Department is one of the more valuable agencies for revenue producing purposes, -, and there is a need for central control to insure the payment of salaries of all City employees and provide services for all citizens of our City; NOW, THEREFORE, BE IT ORDAIl~TED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION 1. Ordinance 292, as amended by Ordinances 381, 63~, 637, 666, 688, 690, and 701, pertaining to the organization, control and management of the West Memphis Utility Commission is repealed; it being the intent of this Ordinance to place the management, regulation and governing of the Utility Department in the Mayor and West Memphis City Council. 5 SECTION 2. Nothing in this Ordinance shall amend, modify, or repeal any of the elgal obligations and bonded indebtedness of the present West Memphis Utility Commission. SECTION 3. All 6rdinances or parts of Ordinances in conflict herewith are repealed. SECTION ~.. It being found and determined by the City Council of the City of West Memphis, Arkansas that due to the energy crisis, economic situation, and tighter control of expenditures, that the control, regulation and manage- ment of the West Memphis Utility Commission should be under the control of the Mayor and West Memphis City Council, the elected officials, an emergency is hereby declared to exist, and this Ordinance is declared necessary for the preservation of the public peace, health, safety and welfare of the people o.f West Memphis, Arkansas, and shall be in full force and effect from and after its passage and publication. nni..,n~~ nn Mayor Ferguson brought to the Councils attention two members of the Council were not present when the matter of a recommendation to the Legislative Delegation: on. an i~.crease of :;the Municipal Judge's salary was voted on. Judge Fairley explained had written letter to the Aldermen stating reasons for the requested increase and discussed w~ the Council the case load increase, salary of a Municipal Judge set by the Legislature, City Employees pay increases, education, additional time spent on Court matters beside the regular sessions, and the Quorum Court and City budgets. Alderman Dickerson, seconded by Alderman Grimsley moved that consider the salary- raise of $1,260 for the City's part of Judge Fairley's salary. After discussion of legislative action, County~s portion of the salary, the roll call vote was as follows: Aye: Aldermen: Ki~g::.Cosgrove, Dickerson, and Horton No: Aldermen: Hutcherson, Bentley, Grimsley, and Holt. City Attorney Smith ruled would take six votes: List of proposed Budget Items for City Hall and City Auditorium were distributed to the Aldermen as prepared by Magruder ~ Froning Architects. Mr. Morris Fair of United Municipal Investment Corporation reviewed authority to sell bonds under Resolution No. 519, and anticipated funds needed. Recommendation was made that authorize sale of $350,000 Arkansas General Obligation Refunding And Improvement Bonds, Series B, the additional money be placed in construction account and invested. Alderman Bentley, seconded by ~!,lderman Cosgrove moved that authorize Mayor to sell $350,000 additional bonds for City Hall and Auditorium. Upon vote, the voting was as follows: V Aye: Aldermen: Hutcherson, King, Bentley, Cosgrove, Dickerson, Grimsley, Holt, and Horton. No : None . Preliminary Plat of Missouri Improvement Company West Memphis Industrial Park was withdrawn for consideration by Engineer Cy Bond. Attorney Ralph Sloan presented the following Petition to Vacate Street: <~ . _ _~_ ., ..._.w~_~...~., ... .. __.~......_ PETITION TO VACATE STRUT Come the undersigned petitioners, being the owners of the hereinafter described lots, and in petitioning the City of West Memphis, state That Aubrey M. ti+Talker and Lillian V. Walter a_re the owrYers of I.ot 35; that Louise Snith Naylor Cunningham is the owner of Lot 36, and that M. M. Cunningham and Louise S. Cunningham are the owners of Lots 37 and ~1 of Bond's Survey of Irregular Lots in the City of hest Memphis, Arkansas, as shown by plat, of record in Plat Book 1 at page 1Q6, which said hots abut upon an unr.~amed street as shown by said plat. That on May 30, 1939, there was filed for record in the office of the Recorder of Crittenden County, Arkansas, and recorded in Plat Book 1 at page 96 a map of Lots ~-1, ~-2, ~-3, ~~+ and ~+5 of the Town of Hulbert 8nd. which also showea the location of Lots 35, 36 and 37 and identified a street abutting said Lots 35, 36, 37 and ~-1 as Lewis Street and subsequent thereto another plat was f~ ied for record on May 23, ? 9~0, and recorded in Plat Book 1 at page 306, which shows Lots 35, 36, 37 and ~+l of Bond ~ s SLxvey of Irregular Lots, West Memphis, Arkansas, with an unnamed street abutting on the west side of Lots 35 and ~l and on the. east side of Lots 36 and 37; that the street petitioned to be vacated and as laid out and platted on said maps was never actually laid off and improved and has never been used and the veti.tioners now request the closing of said street. That there are attached hereto as Exhibit "A" and "B" photocopies of th©se portions of the plats filed in the office of the Recorder of Crittenden County, Arkansas, and recorded in Plat Book 1 at page 96 and Plat Book I. at page .106, which show the street to be vacated together with the lot numbers of each lot which abuts upon the street to be vacated. . h'~3EREFORE, petitioners pray that the City Council of the City of West .Memphis, Arkansas, at its next regular meeting fix a day for the hearing of this petition and direct the City Clerk to give notice of said hearing by publication once a week for two consecutive weeks in the. Evening Times, a ~' r~ ~'~ newspaper published in Crittenden County, Arkansas, having a general circulation in the City of West t~~emphis, Arkansas, and that upon.. final hearing that ski ~? street hereinabove described be vacated and all rights of the City of West Memphis, Arkansas, and of the public generally therein be released, vacated and abandoned, SUBJECT to any easement thereon owned by the City of West Memphis, Arkansas. RESPECTFULLY SUBM~`I"Z'ED, this lath day of February, 1975 • i ~; L Aubrey M. W ~ r ~~ • Li lien V. Walker r, ~'~ ., Louise Smit for Cunningha~ - i ~~ ~. ., ~ ~--~--v ~-~ M. M. Cunningham Louise S. Cunningham A Resolution authorizing Notice of Hearing on March 20, 1975, be published was read by the City Attorney. After consideration, .Alderman Grimsley, seconded by Alderman Hutcherson moved that the Resolution be approved. Upon roll call-vote, the voting was as follows; Aye: Aldermen: Hutcherson, King, Bentley, Cosgrove, Grimsley, Holt, and Horton. No: None. Alderman Dickerson was not present. The Resolution read as follows: RESOLUTION N0. 521 WHEREAS, there has been filed with the City Council of the City of West Memphis, Arkansas, a petition to vacate the street bounded on the east by Lots 35 and ~l and on the west by Lots 36 and 37 as shown on plat of Bondi s Surrvey of Irregu~.ar Lots recorded in Plat Book 1 at page 106 and• as also shown on plat. of record~in Plat Book-l at page 96 and said petition prays that the City Council fix a da~r for the hearing of said petition. NOW, THEREFORE, BE IT RESOLVED: That said petition to close the above described street be set down for' hearing on the 20th day of ,March, 1975,~at 1:30 o'clock P.M: ix~ the . Municipal Courtroom in the City of West Memphis, Arkansas, and that the City Clerk give notice as required by law of the hearing to be held. . . \( \~\/ \l~\/ \I \/~\/ \/ 2~~ The Council was informed the Civil Service Bill has not been completed, and action by the Council on the question of including Department heads is urgently needed. TLZotion was made by Alderman Bentley, seconded by Alderman Cosgrove that waive the rule and place matter on the Agenda. Upon roll call vote, the voting was as follows: Aye: Aldermen: Hutcherson, King, Bentley, Cosgrove, Dickerson, Grimsley, Holt, and Horton. No : A3one . After discussion, Al Berman Horton, seconded by Alderman Grimsley moved that leave out Department heads and Chiefs from Civil Service Bill as presented by Kent Rubens to the Legislature. Upon roll call vote, the voting was as follows: Aye: Aldermen: Hutcherson, King, Bentley, Cosgrove, Dickerson, Grimsley, Holt, and Horton . N~o : None . Granting of a permit for a sign for the new Bonanza building on Shoppingway Blvd. that was not on the Agenda was brought to the Council's attention. Alderman King seconded by Alderman Cosgrove moved that the rule be waived and the matter considered. Upon roll call vote, the voting was as follows: Aye: Aldermen: Hutcherson, King, Bentley, Cosgrove, Dickerson, Grimsley, Holt, and Horton. No: None. Building Inspector livery- explained problem of misunderstanding and/or misinterpretation as to installing a 50' ~~ ~~eight sign at the Bonanza location as City ordinance permits 35' signs in B2 business district. rir. Barton, representative of the company that designed the sign, stated had contacted Mr. Perrine, the former building inspector, about requirements for the sign and thought meet City requirements, however, when applied for permit found was in violations and the req~aested height is imperative to be seen over other buildings by people leaving the Interstate Highway. City Attorney Smith presented opinion would be necessary to amend Ordinance No. 715 if permit is granted for the requested height. After discussion of ordinance requirements, Board of Adjustment not having authority to grant a variance, distance from Interstate, construction of sign, recommendation was made by Alderman Bentley that a "straw votc'be taken to see if the Council wants to change the City ordinance as exists. Upon roll call vote, the voting was as follows: Aye: Aldermen: Hutcherson, King, Bentley, Cosgrove, Dickerson, Grimsley, Holt, and Horton. No: None. Thereupon, Alderman Bentley seconded by Alderman Grimsley moved the City Engineer and Mr. Avery determine if the sign would be within 200 feet of the Interstate, and if so, grant permit. Upon roll call vote, the voting was as follows: Aye: Aldermen: Hutcherson, King, Bentley, Cosgrove, Dickerson, Grimsley, Holt, and Horton. No: None. If the sign is not within the 200 feet, action to be taken was discussed, and Alderman Bentley, seconded by Alderman Cosgrove, moved the matter be put in the hands of the Planning Commission for their recommendation. Upon vote, the voting was as follows: Aye: Aldermen: Hutcherson, King, Bentley, Cosgrove, Dickerson, Grimsley, Holt, and Horton. No : None . Alderman Cosgrove requested information for Council Meetings be sent to the ~LZ.dermen three days prior to meeting, be hand delivered with all Resolutions submitted. Alderman Hutcherson seconded the request. Alderman Holt inquired as to time taken to respond to emergency calls by the Spivey Ambulance Service, and requested Mr. Spivey be notified to attend the next Council Meeting to discuss operation of the Ambulance Service. Mr. Hamilton Smythe of West Memphis Transportation Company appeared, and was informed a Committee had been appointed to study the bus franchise, and the Committee ~1ill contact him. There being no further business, the meeting adjourned. r ~--- .~.. ~~~ ATTF~.ST CITY C t APPROVED: APRIL 3, 1975