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159s~ ~ ORDINANCE N0. / ~~ ~,~....-..~tl::~, AN ORDINANCE PROVIDING FOR 'i'H~: PriYv"~.i`+~'i~T`~.' OF THE EXTEI~ISION OF 'T'HE Tr1Uf,'dICIf'zL SYSTEI,T TO SERVE PARTS OF K~fitDAL AUDITION TO T'rL~ CITY OF WEST ~+~TuiPHIS ON EIGHTEETdETH 1~ND T~rZ'TSTIE"I'H ST `VETS. 4~R~.S, The City of ydest Trlemphis, Arkansas, owns and operates a ,__ municipal sewer systerii on which it has outstanding the balance of a series of combined improvement and refunding bonds dated June 1, 1945, authorized by Ordinance No. 107 of the City of Y~"Jest Memphis, Arkansas, passed and approved on the 6th day of July, 1945, but under the terms ~of Section 6 oP said ordinance, ~4b,000 of said bonds, bearing interest at the rate of 3°/'o per annum, have been. prepared but have been retained by the City Clerk in an unexecuted form for subsequent issuance and sale, subject to the limitations and restrictions placed, upon their issuance and sale by the provisions of Section 9 of said ordinance; and V'1T~E1~S, Section 7 of said ordinance provided that whenever on June 15 or December 15 of any year the amount in the Sewer Revenue Bond Fund is sufficient to pay all interest and principal to become due an outstanding '~ bonds during the ensuing twelve months •and the unapportioned revenues for the operatian of the sewer system are in excess of the estimated amount required to pay the cost of operatian and maintenance of said system for tla;e ensuing period of six months, then such excess of such unapportioned revenues may be transferred to said S~r~er Revenue Bond Fund. or may be otherwise disposed of , as the City Cauncil of said City 1 may from time to time order and direct; and proceeding under this authority the City, in order to pay the contractor the balance due ~, him ~n the construction of the sevaer system, issued a series of ;28,000 of sewer revenue certificates, dated January 1, 1947, and pledged this surplus as above defined to the payment of these certificates-~ maturing serially on January 1 of the years 1948 to 19.52, inclusive, thus pledging for definite purposes all of the revenues to be derived ~ frotri the operation of the sever system; and ~~ ~ r' i',~~~EAS, the t'Jilliarn L. Johnson Co., Inc., a corporation, has developed ~~ certain property on Eighteenth Street ;end Ttti~entieth Street in Kendal j i Addition t o the City of Jest T;~empl~is , Arkansas, as shown by plats of said addition recorded in Flat Book One at pages , ?~ ~ 1t~ '~ ~rr r and „],g~_, of the records in the office of the Circuit Clerk and Ex- Officio Recorder of Crittenden County, hrkansas, and because it was necessary to provide the houses in said addition with sewer s~r~ice, the corporation has laid the necessary sewer laterals and extensions to serve said lots, at a cost of ~3,5g9.53, which the corporation has paid, but the laterals and extensions which it has built along said Streets have n~~/ been integrated with and made a part of the VTest Tvlemphis municipal ...!- sewer system and the improved properties on said Streets will pay the sewer charges according to the schedule of rate adopted by the City of ~-Jest T~Zamphis and set out in Ordinance t~~. 10~, passed July 24, 1945, and the corporation is entitled to the refund of the money which it had advanced in making these sewer extensions, but the City has no funds to repay this advance but when it issues the additional bonds of the June 1, 1945 issue, which have been authorized but not issued, it can pay and discharge this obligation; ~;. N0~'J, THEREFORE, BE I'i~ L't1ACTED, B,y the City Council of the City of Viiest Memphis, Arkansas: ' SECTIOZJ 1. That the City Council hereby accepts as a part of the ti'dest Memphis municipal sewer system the sewer mains and laterals laid on Ei~;hteenth~ and Twentieth Streets in the Kendal Addition to the City of 'Jest T~Zemphis, Arkansas, by the ti'~dilliam L. JoYinson Co., Inc., a corporation, and the users of said extensions and laterals shall pay to the City of ~`dest 1'vlemphis the usual and customary charges for sevrer service as fixed by Ordinance TJo. 10~, passed and approved on the 24th day of July, 1945 • SECTION 2. It is hereby ascertained and declared that the sewer laterals and extensions built by the l"jilliar~~ L. Johnson Co. , Inc. , are constructed in a manner and with materials satisfactory and acceptable to the City of ','Test T~Zemphis, and the value of the construction is reasonably and fairly vuorth the sum of 3,589.53 to the municipal sewer system of said City. SECTIOt1 3. The City of 'vilest Y+.emphis, Arkansas, acknowledges liam L, ohnaon o I c the sum of itself to owe:: the 3,589.53 to be paid as hereinafter set out. SECTION 4. When, under the ~thority of Section 9 of !Ordinance J No. 107 of the City of ti'y'est 1~Iemphis, passed and approved on the 6th day of January, .1945, the City of ~'dest l~~Temphis is authorized tti execute. end sell said bonds, it will exe cute and sell all or enough of t he x.6,000 unissued bonds of the issue of June 1, 1945, to pay this indebtedness to the said ti~lilliam L. Johnson Co., Inc., .and it will pay this indebtedness out of the first proceeds of said sale, after the payment of the indebtedness due to Guaranty Lnan and Real Estate Company, a corporation, 6 under the provisions of Ordinance No. lg3 of the City of 'lest TJlemphis, ~if this indebtedness has not been previously discharged from other city revenues; and the City is hereby authorized to use for the payment of the of orementioned indebtedness any other city revenue available and which it may legally use for said purpose, if it should so elect ; provided that the indebtedness due the Guaranty Loan and Real Estate Company under +, Ordinance TJo. 143 of the City of ~~est Memphis shall have priority over this indebtedness and shall be paid by the City before any funds are applied to the payment of the indebtedness herein set out. S~;CTIO~J 5. This ordinance is .cumulative to the other city ordinances relating to the municipal sewer system of said City and shall be in full force and effect from and after its passage. PASSED: THIS 3-RD DAY OF Dt07~.iBF~t, 194II. ATT~~ST CITY ~2EFtK Q ` ~ MAYOR ..,~ i ___ J ` .` RESIDENTIAL PROPERTY COMMERCIAL PROPERTY WILLIAM L. JOHNSON CO., INC. 18TH AND BROADWAY P. O. BOX 722 PHONH 86 WEST MEMPHIS, ARKANSAS EXTENSION ON lath STREET BY CONTRACT with Bluff City Plumbing Company Paid by check 1/1!~/~.8 - X325.00 - Bluff City Plumbing Company to +~' INDUSTRIAL PROPERTY ~n:. • .•RESIDENTIAL PROPERTY COMMERCIAL PROPERTY INDUSTRIAL PROPERTY WILLIAM L. JOHNSON CO., INC. 18TH AND BROADWAY P. O. BOX 722 PHONE BB WEST MEMPHIS, ARKANSAS ITEMIZED LIST OF EXPENDITURES ON 20th STREET SEWER PROJECT Paid by checks IF ~/30/1~8 - X113.12 Labor ~"!' S/?/1~8 - 218.82 Labor 5/1!~/L48 - 35l~.42 Labor 5/21/!8 - 116.56 Labor 5/z3/1~8 - 537.50 Tile and Y's -Choctaw Culvert Co. 5/21/48 - 1,292.50 Ditching and back filling -Collins Bros. 6/J.~/48 - 173.39 Lumber for props -West Memphis„Lumber Company 6/>a/la8 - 26.50 5 additional Y1 s and okum 6/l~/!~8 - 283.28 Contractors fee -Bluff City Plumbing Company 8/5/48 - 1?~8.1a.1~ Two manholes, complete with covers. X53 Total cost r ~/ ,~~~ ~.