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1439l „ V ORDINANCE N0. / 3 AN ORDINANCE SUBMITTING TO THE VOTERS OF THE CITY OF WEST MEMPHIS, ARKANSAS, AND OTHER AFFECTED PERSONS, THE QUESTIONS OF ANNEXATION TO SAID CITY OF WEST MEMPHIS CERTAIN CONTIGUOUS TERRITORY, DECLARING AN EMERGENCY AND FOR OTHER PURPOSES. WHEREAS, it appears to the City Council of the City of West Memphis, Arkansas, that certain hereinafter described territory contiguous to the said City of West Memphis is necessary for the orderly growth of said City; and WHEREAS, the lands are valuable by reason of their adaptability for prospective municipal uses, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: SECTION 1. That there shall be submitted to the qualified electors of the City of West Memphis, Arkansas, and of the following described area: Beginning at the intersection of the north line of Section 10, T-6-N, R-9-E, lying in Crittenden County, Arkansas, and the west right-of-way line of the St. Francis Levee District, said intersection being on the present City Limits of West Memphis, Arkansas; thence west along the north line of Section 10 to a point that is 200 feet east of the west line of E 1/2 W 1/2 Section 10; thence south 200.0 feet; thence west 200 feet to a point on the west line of the E 1/2 W 1/2 of Section 10; thence north to the northline of Section 10; thence west along the north line of Section 10 and the northline of Section 9, T-6-N, R-9-E, to a point on the east line of the NW 1/4 of Section 9; thence south along the east line of the NW 1/4 of Section 9 to the intersection with the South right-of-way line of the Missouri Pacific Railroad; thence northwesterly along said south right-of-way line of the Missouri Pacific Railroad to the intersection of the west line of the SE 1/4 of Section 5, T-6-N, R-9-E; thence continuing northwesterly along the south right-of-way line a distance of 1454.35 feet; thence south 1903.23 feet 'to a point, said point being on the westline of the E 1/2, SW 1/4, Section 5; thence continuing south along the westline of the E 1/2, SW 1/4, Section 5, to the northline of Section 8; thence west along the northline of Section 8 to its intersection with the north right- of-way line of Interstate Highways 40 and 55; thence northwesterly along the north right-of-way line of Interstate Highways 40 and 55 to a point 280 feet east of the intersection of said right-of-way line with the west line of the SE 1/4 of Section 6, T-6-N, R-9-E; thence N 1 degree 53' E a distance of 200 feet to a point; thence N 64 degrees 17' W a distance of 170.3 feet to a point; thence S 3 degrees 15' E for a distance of 208.8 feet to a point on said right-of-way line; thence northwesterly along the north right-of-way line of said Interstate Highways 40 and 55 to a point on the west line of Section 6, T-6-N, R-9-E; thence continuing northwesterly along said north right-of-way line to the centerline of the Burlington-Northern Railroad; thence north along the centerline of the Burlington-Northern Railroad to the intersection with south line of the N 1/2, NE 1/4 of .Section 36, T-7-N, R- 8-E; thence east along said south line of N 1/2, NE 1/4 of Section 36 to the centerline of Arkansas State Highway 77; thence north 167.01 feet more or less to the southwest corner of Lot 4 of the Division of the Henry Reginelli Estate, lying in the NW 1/4 of Section 31, T-7-N, R-9-E, as shown by plat recorded in Plat Book 2, Page 44; thence east along the south line of said Lot 4 a distance of 2629.44 feet to the southeast corner of said Lot 4; thence continuing east along a line parallel to the northline of Sections 31 and 32, T- 7-N, R-9-E, to the centerline of the Burlington Northern Railroad, lying in Spanish Grant 2327; thence southeasterly along the centerline of said Railroad to the intersection with the north line of Section 4, T-6- N, R-9-E; thence east along the north line of Section 4 and Section 3, T-6-N, R-9-E, to the intersection with the west right-of-way line of the St. Francis Levee District; thence southerly along the meanders of said Levee District right-of-way to its intersection with the north line of Section 10, T-6-N, R-9-E, the point of beginning; containing 3.069 acres more or less. the question of the annexation of the above described territory to the City of West Memphis, Arkansas. SECTION 2. The question of annexation of the territory described in Section 1 shall be submitted to the electors qualified to vote on this issue-at a Special Election to be held on August 30, 1990. The City Clerk shall immediately notify the County Election Commission by forwarding a certified copy of this ordinance. SECTION 3. If at such election a majority of the qualified electors voting in such election shall vote for such annexation, the municipality shall proceed to file a description and a map of the annexed area with the County Clerk of the county wherein the land lies and with the Secretary of State. The annexation shall be included within the corporate limits of the annexing city thirty (30) days following the filing of the description and map with the County Clerk, or in the event an action is filed with the Circuit Court, on the date the judgment of said Court becomes final. If a majority of the qualified electors voting on the issue at the election vote against the annexation, the annexation ordinance shall be null and void. SECTION 4. If the annexation is approved and becomes final, the following services shall be extended to the area within three (3) years: SERVICE Police Protection Fire Protection Sanitation Service DATE Immediately Immediately Three (3) months SECTION 5. The ballots used at said election on the question of annexation shall be marked as follows: FOR annexation of the territory described in Ordinance No. ~~ar'_ AGAINST annexation of the territory described in Ordinance No. 3 3 SECTION 6. Emer~enc~ Clause. It having been found and determined by the City Council of the City of West Memphis, Arkansas, that there is an urgent need by the City of West Memphis to adopt this ordinance in order to have this issue included on the ballot of the election scheduled for August 30, 1990 an emergency is hereby declared to exist, and this Ordinance being necessary for the preservation of the public peace, health, safety and welfare of the citizens of West Memphis, Arkansas, shall be in full force and effect from and after the date of its passage and approval. PASSED AND APPROVED this 2Q~j day of August, 1990. KITH ATTEST: DAN CRAFT, C y Clerk SPONSORED !~. o ` . INGRAM, May a ~;:. .;,, v~ ~ 1C~ ~•,ti -, ~. ~ ~ . G ea ..._. ~._ - '~y^'^"'~ ~' 1 ~ ~= _" ~~ - SHERIFF'S F'ROCLAMAT I ON WHEREAS, a special election will be held on Th~_tr^sday, A~.~g~_~st i 30, 1990, in the West Memphis, Crittenden, Co~_mty, Arkansas p~_~r^s~.tant to the pr^oclamation of the Honor^able Keith M. Ingr^am, Mayor of the City of West Memphis, dated Aug~_~st ~C~, 199~~, for^ the p~.~rpose of s~_tbmitting to the qualified electors of said city and the affected ar^ea the q~.~estion of annexing land descr^ibed in Or^dinance No. 1439, and WHEREAS, the Sher^iff of Cr^ittenden County, is req~.tired by law to issue a pr^oclamation setting for^th the polling places for said special election and notifying the qualified voter^s of said city of the matter^s to be pr^esented on the ballot for^ their consideration. NOW, THEREFORE, KNOW ALL MEN BY THESE PRESENTS: I. That there will be a special election on Th~_~rsday, A~.~gust 3~a, 199t~ for the p~_ir^pose of s~_~bmitting to the q~_~alified elector^s of the City of West Memphis, Cr^ittenden Co~_~nty, Ar^kan- sas, the q~_~estion of annexing land descr^ibed in Ordinance No. 1439. II. That the polling places for^ said special election in said city and the co~_tnty will be as designated by Cr^ittenden County Election Commission, and they will be the same as for^ the last general election. ~-, WITNESS my hand this cC~th day of A~.~gust, 199c""~. Signed: ~~J ~ , SHERIFF ,DEPUTY SHERIFF CRITTENDEN COUNTY, ARIiANSA5 PROCLAMATION OFFICE OF THE MAYOR OF THE CITY OF WEST MEMPHIS, ARKANSAS TO THE PEOPLE OF THE CITY OF WEST MEMPHIS AND THE AFFECTED AREA AND TO THE SHERIFF AND THE BOARD OF ELECTION COMMISSIONERS OF CRITTENDEN COUNTY, GREETINGS: WHEREAS, the laws of the State of Arkansas and City Ordinance No. 1439 adopted August 20, 1990, make it the duty of the Mayor of city of West Memphis to call a special election for the purpose of approving annexation under Ordinance No. 1439, and WHEREAS, the laws of the State require that such election be held. NOW, THEREFORE, I, Keith M. Ingram,Mayor of the City of West Memphis Arkansas, by :i~Lrtue of the authority vested in me by law, do hereby call a special election on Thursday, August 30, 1990 for the purpose of sub- mitting t o the qualif ied electors of such city and the :affected area .- question of annexing land described in Ordinance No. 1439. The Sheriff and the Board of Election Commissioners of Crittenden County are hereby requested to cause notice of such election to be pub- lished in their county as required by law, and to hold and conduct such election in the same manner as is provided by law with respect to other city elections. IN WITNESS WHEREOF, I have hereunto set my hand and caused the Seal of my office to be affixed this 20th day of August, 1990. ~,1