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Minutes for the City Council meeting on May 6, 1963
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The City Council of the City of Jonesboro, Ark. met in regular session at City Hall, Monday night, May 6, 1963, at 7:30 p.m. There were present: Mayor, City Atty., City Clerk and the following named Councilmen: Sammons, Brewer, Bridger, Brickell, Stallings, Snow, Kelly, Cook, Ledbetter, Mays and Perry. Absent: Wilson.
Mr. Brewer offered the following ordinance and placed it on the first reading:
AN ORDINANCE VACATING A PORTION OF ROSE LANE AND GLADIOLI DRIVE IN THE HARLEY KIECH ADDITION.
Mr. Mays moved with Mr. Sammons seconding the motion that the rule be suspended and the ordinance be placed on the second reading. Roll was called. All aye and the motion carried. Mr. Cook made the motion, seconded by Mr. Sammons that the rule be further suspended and the ordinance be placed on the third and final reading. On calling the roll, all voted aye and the motion carried. Mr. Snow then moved with Mr. Brewer seconding the motion that the ordinance be adopted. Roll was called. All voted aye and the motion carried. Mr. Mays made the motion, seconded by Mr. Sammons that the Emergency Clause be adopted. All voted aye and the motion carried. The ordinance was given the number 1076.
Mr. Brewer moved with Mr. Sammons seconding the motion that the ordinance pertaining to “No Parking” on Johnson and portions of Washington be referred to the Street Committee and that they check with the Highway Dept. and work something out on the “No Parking” in front of the Midsouth Plumbing Co. and recommend back to Council. Roll was called. All aye. Motion carried.
Bids were opened on a new street sweeper and the salesmen from each of the companies explained their machines and answered questions from the Council. No action was taken.
Mr. Bridger made the motion, seconded by Mr. Ledbetter that the matter of the City Treasurer be turned over to the Finance Committee for further study and recommend back to Council at the next meeting. Roll was called. All voted aye and the motion carried.
A report from the City Planning Commission recommending changes in the zoning ordinance was read and Mr. Brewer offered the following ordinance and placed it on the first reading:
AN ORDINANCE TO AMEND ORDINANCE NO. 954 PROVIDING FOR CHANGE IN ZONING DISTRICT BOUNDARIES.
Mr. Perry made the motion, seconded by Mr. Mays that the bills as okayed by the Finance Committee be paid. On calling the roll, all voted aye and the motion carried.
Mr. Cook reported the Street Committee recommendation to repair and surface the alley between Creath and the city parking lot. Mr. Brickell moved with Mr. Bridger seconding the motion that the Street Committee be instructed to negotiate with the property owner of the said alley. Roll was called. All aye and the motion carried.
Mr. Brickell moved with Mr. Bridger seconding the motion that the recommendation of the Street Committee concerning the schedule of repair and maintenance of the city streets for the current year be accepted which schedule is as follows: that if possible, the streets mentioned in Ward 6 be repaired through use of hot mix and that if approved by the Street Committee, the alley between Creath and the city parking lot be surfaced and that advertisement for bids be published and returned by May 20, 1963. Roll was called. All aye. Motion carried.
NOTE: Streets are listed in the Minute Book on page 343 and 344.
Mr. Brewer made the motion, seconded by Mr. Cook that $332.96 for Civil Defense expenses be allowed. These expenses are through 30th of April, 1963. Roll was called. All aye and the motion carried.
Mr. Mays moved with Mr. Brewer seconding the motion that the City Attorney’s opinion on the sale of option to City Water and Light Plant be entered in the minutes as a matter of record. On calling the roll, all voted aye and the motion carried. Opinion follows:
“As requested by members of the Council, I have checked the State Law, City ordinance No. 998 and the resolution of the City Council dated May 21, 1962.
The resolution of May 1962, provided for transfer of the City’s option to purchase certain described property in the vicinity of the old East School to the City Water and Light Plant for which option the City Water and Light Plant would pay a total sum of $60,000. They were to first pay balance owed to People’s Property Association under the option which was determined to be $15,424.33 and the remainder of the $60,000 directly to the City. The resolution provided that this amount, $44,575.67, would be used by the City for widening of passageways and improving of parking areas adjacent thereto, the City to receive 13 ½ feet additional right-of-way for such purposes along East Carson and Monroe Streets adjacent to this trace of land.
The Council members’ question concerned the legality of that part of the resolution which provided that the City would use the amount paid by the City Water and Light for the widening and surfacing of these streets. This is legal and within the Council’s powers under ordinance 998. I do not believe the Parking Authority Bond Fund would have any claim on this particular money even if it were not being used for purposes expressed in Ordinance #998. It would seem, however, that the use of the money in this manner is well within the intent and expressed purposes of Ordinance #998. The resolution of the Council recites that 59 spaces for public and for post office vehicles had been made available and in addition the City would receive an additional area adjacent to this street of an approximate size of 13 ½ feet by 1034 feet which created, at 20 feet per car space, about 52 spaces alongside the streets plus whatever spaces will be provided adjacent to the City Water and Light Plant building itself. The City further acquired about 42 additional spaces which are usable for parking along the Northeast corner of East and Monroe Streets; all tolled, it appears that around 140 parking spaces were acquired for the public by the entire transaction not counting the spaces for Post Office and City Water and Light Plant vehicles.
Funds made available by Ordinance #998 and previous Parking Revenue Bond ordinances have been used on many occasions in the past to obtain parking by the widening of street right-of-way, or for the widening or creation of passageways where parking was not directly enhanced. A report of the Parking Authority dated January 8, 1962, estimates that a total of $104,810.93 of “parking” monies had been expended in the widening or surfacing of streets and acquiring the site for our present City Hall. It is my opinion that this use of funds is also legal under the laws and ordinances.”
Respectfully submitted,
S/Charles Frierson III, City Atty.
There being no further business, Council voted unanimously to adjourn.