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Ord 1-105 _"T.. :F TOWN. C.T0 CIL d t 7ST 10 '.7 r�1fc,.iss Pursuant to a call 'cy the Mayor, notice of which having coo._ givt!og to the members of the Council prior to said meeting, as the la ;._.rusts, the Town Council of the Incorporated Town of West Memphis met in ;,.rectors Rnom of the Bank of West oemphis at 8 P.M. on April 23rd, 1)29 . There were present at said meeting, Z.T. Bragg, Mayor, Clifford Davis, Paul Burnhard, m. H. Hundhausen, W. G. Parker and J. P. Treece, Aldermen and G. W. McAuley', Recorder. M. B. Currie, was also present. e-- Mr. Bragg, Meyer, stated that the above gentlemen had been certified 1 out by the County Election Commissioners as the electors to their respective offices according to the ballots cast at an election held in the Incorporated I Town of :lest Memphis on April 2nd, 1)29 and as evidence of which, Certificate ,_tr'4 - of Election had been received bY the recorder and it was then proper and according to law for each member of the Council to take t}ie oath of office, which was administered to each member by Mr. M. 3. Currie, Notary Public. After a general discussion of an organization program and of matters of interest tb the town, the Council adjourned subject to call by the Mayor. :J Z.T.Bragg. )'"J MAYOR ~ . McAuley. RECORDER . . On this the 30th day of April 19'29, the Town Council of the Incor_;oratei Town of Jest Memphis met in special session pursuant to the call of the Mayor, notice having been given to the members of the Council prior to said mectin,_:, 76'441 as the law directs. Said meeting being held in the Directors Room of the f I Wank of 'West :,emphis.at 8 P. ` There were present at said meeting, Z. T. Bragg, Mayor, '.im. H. Hundhausen, G. Parker, J. P. Treece, Paul Burnhard, Clifford Davis, Alderman, and G. . :McAuley, Recorder. An ordinance was introduced, entitled "An Ordinance to provide for the working of the Streets, Alleys and Sidewalks of the Town of West Memphis, Ark. " - which ordinance was as follows: 4L,- 30 2 , ORDINANCE r l ✓ "An Ordinance to provide for the Working of the Streets, Alleys and Side- walks of the Town of West Memphis, Ark. " BE IT ORDAINED BY THE TOWN COUNCIL OF THE TOWN OF WEST =__... That, beginning with the month of May 1)2) , and every year thereafter, it shala be the duty of the Marshall to issue and deliver to each bona fide male resident within the limits of the town of 'Nest Memphis, Arkansas, between 4""! the ages of eighteen and forty five years a street warning notice in words and i I . figures as follows: ii "You are hereby commanded to _ -_ ort to the :a':arsit-all ofithe Town of West Memphis, Arkansas, morning, 1)2) at the hour of otclock, with .:ic: and shovel, or such other implements as said Marshall shall instruct, and, under the direction of said Marshall, to faithfully labor on the streets, alleys and sidewalks of said Town, or, in lieu thereof pay into the city treasury the sum of �4.00 on, or before noon, day and date above mentioned. Hereof fail not at, your peril. . Marshall" 4. 1 N • • a z Upon parties reporting to the Marshall in accordance with this notice, it shall be his duty to see that each person gives to the town eight hours good, honest labors upon the streets, alleys or sidewalks as he may be directed. It shall be the duty of the Marshall to keep an accurate stub account of all notices issued as provided in foregoing section, and whenever any party shall fail to keep the recuirements of such notice, it shall be the duty of the Marshall to arrest such party and bring him before the Mayor and upon hear— ing of the evidence, if .such party is found guilty or neglect or refusal to comply with the requirements of such notice, then such party shall be required to pay into the treasury of the Town of West Memphis, the regular four dollars road tax, and shall be fined in any sum not exceeding Ten Dollars. , Z. T. Bragg MAYOR ATTEST: G. W. LTcAuley 4 RECORDER IN,Y ' X 41 This ordinance was put upon 1st, end and 3rd reading whereupon Mr. L. P. Burnhard made a motion that the ordinance be adopted as read. The .motion was seconded by. Mr. Wm. H. Hundhausen. Upon roll call all members of the council voted in the affirmative. The ordinance was declared unanimously adopted. The matter of electing a Town Attorney was next discussed and Mr. Wm. H. Hundhausen nominated Mr. Frank Berry, which motion was seconded by Mr. Paul 3urnhard. There being no further nominations and upon roll call Mr. Berry was unanimously elected Town Attorney to serve for a .term of one year. The election of a City Treasurer was next discussed, after which Mr. W. G. Parker nominated Mr. J. C. Johnson, Mr. 'Wm. H. Hundhausen seconded the motion. There being-no further nominations, vote being taken by rollocall, Mr. Johnson was unanimously elected City Treasurer for a term of one year. The matter of assessing a five mill tax on the property within the Incorporated Town of West Memphis was then discussed and the Attorney was authorized by the Council to draw up an ordinance to this effect and present same to the Council for Consideration at their next meeting. The Council also authorized the Attorney to draw up an oridnance on dogs kept within the Incor— porated Town of West. :'emphis and submit same to the Council at their next meeting. Mr. Bragg, Mayor stated that he had discussed the matter of preliminary engineering work for a sewerage system in the Town of West Memphis, with several engineering concerns and read a proposal submitted by the Thos. H. Allen Engineering Company of li, mphis which was as follows: CONTRACT OF AGREEMENT. Agreement, made and executed in duplicate this 3rd day of May l)2) by and between the City of "West Memphis, Crittenden County, Arkansas, }arty of the First Part, hereinafter called the City and Thos. H. Allen, doing an Engineering business with his principal office in the City of Memphis, State of Tennessee, Party of the Second Part, hereinafter called the Engineer. WITNESSETH: That the Parties hereto in consideration of the mutual -covenance herein contained agree as follows: The Engineer will prepare a complete survey of the City of West Memphis, covering that portion, which at this time will be included in an improvement district organized for the construction of the Sewer System. The Engineer will prepare plans of a system of sewers to serve the area to be included in the District. He will make a study of the probable direction of growth and development of the City and in making of all plans, he will take into • account the probable extension that will be needed in the future, whether the territory is included in the District or not. The Engineer will make a study of the conditions affecting Sewerage Disposal He will determine the best location of the Disposal works. He will make a study of the soil conditions and of all other factors that enter into the con- struction of the Sewer System. The Engineer will incorporate in the plans such details as are necessary to r. proper consideration of the problem by the City of West Memphis. He will pre.:are a report, setting out his reasons for the design adopted, and he will r-. include in this report estimates of the cost of construction. All estimates will be in detail, showing the cost of each item and the cost of each line of sewers. The estimate will show the unit prices used, and the total cost of the system of sewers for the adequate and proper solution of the problem. These plans and survey, report and estimate will constitute a preliminary survey. The Engineer will submit this Preliminary Survey to the Board of :,ayor and Aldermen for their approval and will make such changes as are deemed to be advisable by the Board, provided such chances are in line with good engineering and willbe approved by the State Board of Health. Whenever, the District is formed, the Engineer will prepare specification covering the Sewer System and Disposal Plant. hen directed by the Commissioners of the District, The Engineer will prepare advertisements, place same in newspapers and Trade Journals for the Board. • The Engineer will place copies of the final plans and specifications in the hands of contractors for the purpose of receiving bids on the work to be don. . When bids are received, The Engineer will tabulate all bids, make a care- ful study of them, and report to the Board the best bid or bids to accept. During construction, The Engineer shall furnish such assistant Engineers and Inspectors as may be necessary to properly supervise the the construction of the Sewer System. He will furnish inspectors to insure that the works are in accordance with the plans and specifications and that the completed works provides a modern, efficient and satisfactor.:: sewer system and disposal plant. The Engineer will pTepare all necessary monthly and final estimates of the work serformed and of all payments to be made to the contractors during the progress and upon completion of the aforesaid work. For all of the avove mentioned work, the District will pay to the Engineer a fee of 5; of the total cost of construction of the completed Sewer System, provided the total cost does not exceed the Engineers estimate. If the final total cost of construction exceeds the Engineers estimate, • the fee of i;o is to be calculated on an amount not to exceed the estimate. If the total cost is less than the estimate, the fee of 5,. will be calculated on the actual cost. One-half of the total estimated fee will be paid to the Engineer by the District when contracts have been let for the construction of the Sewer System. One-fourth of the total fee will be paid the Engineer by the District when 50,. of the work has been completed as shown by the monthly estimates. On completion of the work, and on putting the entire system into service, the City will pay the Engineer such sum as will make the total payments equal .2/. of the total cost of construction,as above set out. It is agreed that in case bonds are not issued for the Sewer System or funds from other sources provided by the City for said construction, and the project is abandoned by the City, this contract becomes null and void, and the City will not owe the engineer any payment whatsoever for the preliminary plans and survey. But, should, the City of 'West Memphis through the medium of an Improvement District or throve the authority invested in the Council proceed with the work, The Engineer will be paid in accordance with the aforesaid terms. Should the District when formed, fail to carry out the ;.rovisions of this contract, the City of Jest Memphis will then pay to the Engineer six hundred dollars (46 ;0.00) to cover in full, the cost of the preliminary Survey and Report, in complete settlement for the work done by the Engineer. For the co.mpensat i on above mentioned, it is the intent of this contract sJeSsss that The Engineer will perform all the. work necessary to the design and con- struction of the complete sewer system. It does not include services, survey, estimates of design, ;tans and specifications coverin , and incidental to condemnation suits, litigation of property or purchases. IN WITNESS THEREOF, THr:- CITY of West Memphis, Crittenden County, Arkansas by its Mayor and Recorder, duly authorized, has caused this agreement to be executed, and the Engineer have hereunto set their hands this the 3rd day of May 19 29. City of City of West Memphis ,---, G. 4. McAuley, Recorder By Z. T. Bragg, Mayor Thos. H. Allen, Engineer After general discussion and careful consideration o'f the above proposal it was agreed that the same was on a fair and equitable basis and Mr. .7m.H.Hundhausen made a motion that the further reading of said proposal be dispensed with and that the proposal be acce; ted as read and that the Mayor and Recorder be author- ized to execute the proposal on behalf of the council, and return one copy to the Thomas H. Allen Engineering. Company. Mr. Paul Burnhard seconded the motion,a all members voting "1" except Mr. W. G. Parker -who had .been called home before this matter cam's u There being no further business to come before the Council at this time, the Council adjourned subject to call by the Mayor. Z. T. Bragg MAYOR ATTEST: G. W. McAuley RECORDER On this 7th day of May 1)29, the Town Council of the Incorporated Town of West Memphis, Arkansas met pursuant to the call of the Mayor, notice having been given to the members of the Council prior to said meeting as the Iaw directs. Said meeting being held at 7:30 P.M. in the Directors room of the Bank of West Memphis. There were present at said meeting, Z. T. Bragg, Mayor, L. P. Burnhar, Clifford Davis, `Im. H. Hundhausen, W. G. Parker and J. P. Treece, Aldermen and G. J. McAuley, Recorder. There was also present C. H. Bond. • The matter of electing a town ::marshal was discussed and Mr. Paul Bernhard nominated Mr. R. L. McLoed. Mr. Clifford Davis seconded the motion. There being no further nominations and upon roll call all members present voted "aye", whereupon Mr. McLoed was declared elected Town Marshall to serve for a period of one year. The matter of salary of the Marshall was next discussed and it was unanimously agreed that it would be best to place the Marshall on a salary basis rather than a fee basis and the salary unanimously agreed on was 0.00.00 per month. The matter of "-down Ordinances was next discussed and Mr. Frank Berry, Attorney, stated that he had examined and compared the ordinances of the various town over the state similar in size to West Memphis and had used the • ordinances of these towns as a basis on which to draw up an ordinance for the consideration of the Council in adopting an ordinance for the Town of West Memphis. The ordinance as drafted by Attorney Berry 177.s read, discussed, com- mented on and amended to read as follorrst NOTICE . ..... B_NA.`r E .. C 7.AC.,:7D BY THE TOTJ `1� THE TNCi ORTO..•R_" `ED a. ORDINANCE NO. 2. • 3 • AN ORDINANCE TO PROVIDE FOR THE LICE?CING OF CERTAIN BUSINESSES OR VOCATZONS: BE IT ORDAINED BY THE TOWN C .'t;CIL OP THE INCORPORATED TOWN C= '.'EST MEMPHIS, ARKANSAS. That it shall be unlawful for any person, persons, fir: or corporation tJ e�z , in or pursue an, of the following businesses or . ocatione mentioned in this ordinance without first obtaining a license from the Recorder of the Town of ',lest Memphis, as herein provided, authorizing such person, firm or corporation to do so. Upon the payment to the Treasurer of the Town of West Memphis the amount hereinafter provided in this ordinance, the treasurer shall issue to the said applicant a receipt addressed to the Recorder of said Town, directing the Recorder to issue to the a:;plicant a license to engage in the desired business or vocation as follows:— For each person, firm or corporation operating a meat market within the Town of West Memphis, a license fee of ;15:00 shall be charged for each year that said meat shall be operated. Any person, firm or corporation owning or operating a resturant in the Town of 'est Memphis shall pay to the Town a license fee of $10.00 for each .,...� year, or any part thereof that such restaurant shall be operated in said Town. P"D Any person, persons, firm . r corporation owning or operating a hamburger stand in the Town of ,lest :emphis, shall pay to the Town a license fee of $10.00 for each year, or any part thereof, such hamburger stand shall be operated in said town. Any person, persons, firm or corporation owning or operating a hot tamale stand or peddling same in the Town of o'Jest he .phis, shall pay said town a license fee of $10.00 for each year, or any part thereof, such hot tamale stand or peddler shall operate in said Town. Any parson, firm or corporation owning or operating a fruit stand in the Town of 7eot Memphis,ehall pay to the Town a license fee of 0.0.00 for each year or pay part thereof, such fruit stand- shall operate in said Town. j That any person, firm or corporation owning or operatin a barber shop in the Town of ;'lest Memphis shall pay to.said town a license fee of 0.0.00 for each year or any part thereof that such barber shop shall operate in said Town. Any person, persons, firm or corporation owning or operating a .bakery shop in the Town of,West Memphis shall pay to said town a license fee of 0.0.00 for each year, or any cart thereof, such bakery shop shall be operated in said Town. That any person, persons, firm or corporation owning one or more automobiles within the Town •f .lest Memphis shall pay to the Town a license fee of $5.00 for each automobile he owns or operates in '.Vest Memphis for each year or any .part thereof such automobile is operated. Each person, persons, firm or corporation owning one or more dray wagons within the Town of 'Vest Memphis shall pay to the Town a license fee of $10.00 for each dray wagon that he operates in said Town for each •,-ear or an; part /thereof that such dray is operated. Any person, ;persons, firm or corporation who owns or operates a bottlin'; works within the Town of :Test Memphis shall nay to said town a license fee of. 415.00 for each year or any part thereof that such bottling works shall operate wfthin said Tow10. Any person, persons, firm or corporation owning or operating a pool room in the Town of West Memphis shall pay to said Town a license fee of 05.00 for each year, or any part thereof that such Tool Room shall operate in said Town. • Any ;'erSon, persons, firm or corporation owning or operating a skating rink in the *Town of -;lest Memphis shall pay to the Town a license fee of $lO.0:.. for each year or any part thereof that such akating rink shall operate. Any �c.1, persons, firm or corporation owning or operating a ninepin, tenpin or be :'_ _gig alley within the Town of 'best Memphis, shall pay a license feeper year for each year, or any part thereof that such ninepin, tenpin or b—. :_'_ng alley shall operate in said Town. Any person, persons, firm or corporation exhiviting for profit curiosities, monstrosities and deformed animals within the Town of 'Vest Memphis, shall pay to said Town a license, fee of $10.00 for each day said shaow shall be exhibited in the said Town. Any vendor of patent medicines, or proprietory medicines, who shall offer for sale such medicines on the Streets, Alleys or Vacant Lots, or at any other place in said Town except in a duly accredited drug store in the Town of West Memphis, shall pay to the said town a license fee of $10.00 per day for each day he shall do business within the said Town. Any itenerant fortune teller, clirvoyant, or phrenologist, who shall offer to pursue his calling in the Town of West Memphis shall pay to the said Town a license fee of $10.00 for each day that he shall pursue such vocation within said Town. • That any traveling patent right dealer shall pay to the Town of Wiest Memphis a license fee of $5.00 per day for each day such person shall pursue said vocation within the daid Town. That each auctioneer shall pay to the Town of West Memphis' a license fee of $10.00 for each year such person shall pursue such vocation, in said Town. That each pawnbroker within the Town of ''lest Memphis shall pay to said _j Town a license fee of $25.00 per year for each year or any part thereof that such pawnbroker shall do business in said Town. Each peddler or hawker within the Town of West Memphis shall pay to said ' �•b town a license fee of $25.00 per year for each year or any part thereof that �/ such person shall do business in said Town. That each person, firm or corporation owning or operating a knife, cane or doll rack within the Town of West Memphis shall _,ay to said Town a license fee of $10.00 per day for each day such knife, cane or doll rack shall be operated in said town. That each person, persons, firm or corporation owning or operating a merry- ' go-round or flying jennet within the Town of -:lest Memphis shall pay to said • Town a license fee of $10.00 per day for each day such merry-go-round or flying ._.) jennet .shall be operated in said Town. That any person, persons, firm or corporation who shall bring into the Town of 'West Memphis fruit in carload or part carload lots to be sold in said Town shall pay to the Town a license fee of $10.A for each car, or $2.00 per day, whichever shall be the greater. That any person, persons, firm or corporation who shall bring to the Town-of West Memphis horses and mules in carload lots to be sold within said Town shall pay to the said Town a license fee of $10.00 for each car, or $2.00 per day, whichever shall be the greater. That any person, persons, firm or corporation owning, or operating a dance hall within the Town of ',Pest Memphis shall pay to said Town a license fee of 25 . C for each year, or any part thereof that such dance hall shall be operate., in said Town. That any person, persons, firm or corporation who shall stage a boxing match or wrestling exhibition within the Town of "Jest Memphis shall first pay to said Town a license fee of $10.00 for each match or exhibition to be staged in said Town. It shall be unlawful for any person, firm or corporation to sell at retail or wholesale from any platform, stand, booth, tent, 'vehicle, bus, table, or other contrivance, any medical substance, toilet articles, jewelry, literature, dry goods, fruits, any invention or patent, or any other articles, as are usually sold by itenerant vendors, street fakirs, hucksteers, peddlers, or medicine men upon any street or alley, or upon any vacant lot within the Town of "Jest Memphis. Any person who shall violate this section of this ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not to exceed 450.00; and each days violation shall constiture a separate offense. Provided that this section shall not apply to produce peddlers nor to indigent or disabled soldiers or sailors or blind, persons, nor to the sale of fruits, berries, etc., as disignated in Sections 9841, 9842 and )843 respectively, of Crawford Moses Digest of the Statutes of Arkansas. p 4 That each picture show or theater doing business within said Town of West Memphis shall pay to said Town a license fee of 100.00 for each year, or any part thereof that such Picture Show shall do business in the said Town. • That each circus or menagerie shall pay to the Town of West Memphis a license fee of 50.00 for each day said circus or menagerie shall:-'show within the Town of West Memphis. That each tent show, vaudeville or street carnival shall :ay to the Town of West Memphis a license fee of ;50.00 for each day said tent show, vaudeville 3t or street carnival shall operate within the Town of West Memphis. That each person, firm or corporation owning or operating any gasoline, filling station within the Town of West Memphis shall. pay a license fee of i .5.00 for each pump for each year or any part thereof that any such gasoline filling station shall be operated within said town. 1 That each person, persons, firm or corporation owning or operating a public hotel or rooming house within the corporate limits of ,'Jest Memphis shall pay a license fee of ,"15.00 per year for each year or any part thereof that such hotel or rooming house shall be operated within said town, provided, that any public hotel or rooming house having more than six rooms shall pay a license fee of ; 25.00 per ear, for each year or any part thereof that such hotel or rooming house -shall be operated within the said Town. Th7t each person, firm or corporation owning or operating any plant for �,, manufacturing ice within the corporate limits of the town of ;`Jest Memphis shall pay a license fee of 25.00 for each year that such ice plant shall be operated within corporate limits of said town. That each person, firm or corporation owning or operating a soda fountain within the corporate limits of West Memphis shall pay a license fee of y10.00 for each year or any part thereof that such soda fountain shall operate within said town. That each person, persons, firm or corporation owning or operating; a cotton win within the corporate limits of West Memphis where cotton is weighed and ginned, shall ay a license fee of 05.0; for each year or any part thereof that such cotton gin shall operate within said town. That each person, persons, firm or corporation owning or operating a sausage .manufacturing plant within the corporate limits of the town of West Memphis shall pay a license fee of ; 25.00 for each year or any part thereof that such sausage manufacturing plant shall be operated within said town. It shall be the duty of the Town Marshall to regularly inspect the sanitary conditions of all of the above named places where food, meat or soft drinks 8rl'sold, shall inspect the rooming houses and hotels to see that they are operated in a lawful manner, and shall inspect the scales of all cotton gins within the said town of West Memphis to see that the scales are correct, and shall inspect the measuring devices of all gasoline pumps at filling stations within said Town. Any person, persons, firm or corporation who shall engage in, or attempt to engage in any of the businesses or vocations enumerated by this ordinance without first having obtained a license as herein provided for, shall be deemed guilty of a misdemeanor, and upon conviction.. shall be fined in any sum not less than 50.00 nor more than j100.00, and each day's violation shall constitute a separate offense. I Z. T. Bragg ATTEST: G. .4. /McAuley RECORDER tj • THEREUPON, after open discussion of said proposed ordinance by all of the members of said City Council, upon motion made by Paul Burnhard and duly seconded by Clifford Davis , and unaxmimouslycarried by the affirmative vote of all members of said City Council, said proposed ordinance was put upon its first reading as required by the laws of Arkansas; THEREUPON, upon motion made by ;im. H. Hundhausen and seconded by J. P. Treece , and unanimously carried by the affirmative vote of all members of said City Council, the rules were suspended, and said proposed ordinance was put upon its second reading as required by the laws of Arkansas; HEREUPON, upon motion made by Clifford Davis and seconded by J. P. Treece, , and unanimously carried by the affirmative vote of all members of said City Council, the rules were suspended and said proposed ordinance was put upon its third reading as required by the laws of Arkansas. THEREUPON, upori motion made by Wm. H. Hundhausen and duly seconded by • Paul Burnhard and unanimously carried by the affirmative vote of all - members of said City Council, vote was taken upon the passage or rejection of said ordinance as read; and the Mayor thereupon directed the Recorder to call the roll and directed the Aldermen to indicate their vote for the passage of said ordinance by YEA or their vote against the passage of said ordinance by NAY; and upon such roll call the vote was as follows: L. P. Burnhard YEA J. P. Treece YEA im. H. Hundhausen YEA Clifford Davis YEA There were no votes against the passage of said ordinance. WHEREUPON, said ordinance was declared duly passed and the Recorder directed to cause the same to be published for the time and in the manner re,- quired by law. • The matter of annexation of certain property to the Town of West Memphis was next discussed and Mr. C. H. Bond, Civil Engineer, presented a plat showing fl the present boundary of the present Incorporation as well as the proposed properly to be annexed. The Attorney was authorized to draw up a petition permitting the annex— ation of this property to the Incorporated Town of West Memphis for the use of the property owners in filing their petition for annexation. There being no further business to come before the Council, adjournment was had subject to call by the PMiayor. Z. T. Bragg _:"Y0R ATTEST: G. W. McAuley RECORDER On this 4th day of June 1)2), the Town Council of the Incorporated Town of West Memphis, Arkansas met pursuant to the call Of the Mayor, notice having been given to the members of the. Council prior to said meeting as the law directs. Said meeting being held at 8:3C P.M. in the Directors Room of the Bank of West Memphis. fl � 9 There were present at said meeting, Z. T. Bragg, Mayor, L. P. Burnhard , Clifford Davis, W. H. Hundhausen, W. G. Parker and J. P. Treece, Aldremen and G. W. McAuley, Recorder. There were also present Mr. C. H. Bond and . Mr. H. H. Timmerman. Mr. Timmerman represented the Eureka Fire Hose Mfg.Company of New York, and was present for the purpose of sell:.ng the Town of West Mlemphis a supply of fire hose and equipment. Mr. Timmerman displayed and explained in detail the many features of his hose and quoted a price of Y1.20 per foot for his -econd grade hose and $1.40 per foot (same as used by the City of idamphis, Tem ) ; for his best grade. The Attorney stated that he was not sure as to the authority vested in the Council at that time to purchase this hose and wished to defer action on the matter if agreeable with the Council, until such time as he had an oppor,0 tunity to tudy and render an opinion on the matter, which was unanimously agreed to by the Council. Mr. Timmerman then stated that he would file with the Council his proposal in the form of a contract subject to confirmation by the Council on or before July 15th, li ), which contract and proposal is on file with the Recorder and is in part as follows: Contract and Agreement :jade this 4th day of June 1)2), by and between the 7 ,7 ±7 Fire Hose Mfg. Co. , of Yew Jersey, party of the first part, and the ,.._� Town of _ :;;:;aphis in the County of Crittenden and State of Arkansas party of the oeco_:d part. r i f s i i }-rr . I f r i i i f Fti r r r r'hf =itnesseth, that the party of the first part hereby agrees to furnish the party of the second part in good order 1500 feet of their Paragon Brand of Fire Hose, coupled complete, two and one—half inches internal diameter, and capable of standing pressure of 400 pounds per sq• are .inch when delivered, at :1..40 per foot. The consideration for the above hose being Twenty—One Hundred Dollars, Terms to be . reed .ron when co nfarmod. CD rl Enreko. -Firs Nose IfA Co. , 'Nest i;em: his, Ark. Per H. Tinmerman, Sc. Mgr. 00 This tentative agreement and contract was considered and discussed by the Council and it was unanimously agreed to accept the _;roposal subject to confirm Lion and the Mayor was authorized by the Council to execute the same on behalf of the Town of 'lest Memphis. • Attorney Jerry stated that in accordance with previous instructions from Co.acil he had prepared an ordinance to regulate the running at large of _:o ed Town of .lost :.:.-3:Lw:phis. Attorney ..o.. .. then .oad the as drafted .. _C . was // ORDINANCE 0 AN ORDI;._.NC.E _ -...u,,aA'TE THE 1 UNIi1G AT LARGE OF DOGS IN THE I yCORr02AT D TON OF ':TEST ' ;PHIS1 3e it ordained by the Town Council of the incorporated town of 'lest _.empai ' s: That it shall be unlawful for. any dos or bitch to run at large within the limits of the said Town of West Memphis, at certain seasons of the year, without a substantial muzzle so arranged over its mouth as to make it impossible to bite animals or persons. It shall be the duty of the Marshal of said Town to take up all do •s and bi'`.ches found running at large in said Town untagged as hereinafter provided; place them in a pound prepared for the purpose, and at once to give notice in writing to the owner, if known, and if unknown, in three public places in said Town for five days, that said dog or bitch is so held givin-g a description of sane and upon the owner paying the sum of one dollar as cost of taking up said dog, and fifty cents per day for caring for same, said Marshal shall deliver said dog or bitch to the owner thereof; but if said dog or bitch be not claimed within the time herein provided the Marshal shall kill same. Now if the owners of any dog or bitch shall desire the privelege of having said animal run at large in said town, such owner shall apply tothe Recorder of said town, who shall issue a license as hereinafter mentioned. Upon payment to the treasurer of said town the sum of o::e dollar for each dog or three dollars for each bitch, he shall issue his receipt therefor, and upon filing such receipt with the Recorder of said Town, and upon paying said Recorder a fee of twenty—five cents, he shall issue to the owner, a license permitting such animal to run at large for a period of one year, ending on the 5th day of June, next thereafter, provided such Recorder shall number all license seratum, rwnd shall furnish the person so applying with a metallic tag, at the expense of the town, such to ite numbered to correspond with the license, and to be worn by the dog or bitch for which it is issued, at all times during the life of the license, securely attached to a collar; and `.rovided further that during the months of June, July, August and Septemver the Mayor of the said Town may, by proclamation, duly published, suspend the priveleges of dogs or bitches running at large unmuzzled and enforce paragraph (1) of this ordinance. If the owner of any bitch shall permit or allow said animal to run at large or to go upon the streets or alleys of said town while in heat, either muzzled or unmuzzled, tagged or untagged, as hereinbefore provided, he shall be guilty of ^ misdemenor, and upon conviction thereof shall be fined any sum not less than five dollars( 5. 0) nor more than twenty—five dollars ( 25.00) . This ordinance shall take effect and be in force immediately after its passage. THEREUPON, after open discussion of said proposed ordinance by all of the members of said City Council, upon motion made by Wm.H.Hund heusen and duly seconded by J.P.Treece , and unanimously carried by the affirmative vote of all members of said City Council, said proposed ordinance was put upon its first reading as required by the laws of Arkansas; THEREUPON, upon motion made by Cliffbrd Davis and seconded by W.G.Par ker , and unanimously carried by the affirmative vote of all members of said City Council, the rules were suspended, and said proposed ordinance was put upon its second reading as required by the laws of Arkansas; THEREUPON, upon motion made by Wm.H.Hundhausen and seconded by Paul Burnhard , and unanimously carried by the affirmative vote of all members of said City Council, the rules were suspended and said pro— posed ordinance was put upon its third reading as required by the laws of Arkansas. THEREUPON, upon motion made by Paul Bur nhar d and duly seconded by L.?.Treece and unanimously carried by the affirmative Tote of all members of said City Council, a vote was taken upon the passage or rejection of said ordinance as read; and the Mayor thereupon directed the Recorder to call the roll and directed the Aldermen to indicate their vote for the passage of said ordinance by YEA or their vote against the passage of said ordinance by NAY; and upon such roll call. the vote was as follows: L. P. Burnhard YEA Clifford Davis YEA W. H. Hundhausen YEA W. G. Parker YEA J. P. Treece YEA There were no votes against the passage of said ordinance. ':WHEREUPON, said ordinance was declared duly passed and the Recorder directed to cause the same to be published for the time and in the manner required by law. Attorney Berry stated that in accordance with previous instructions by the Council he had prepared an ordinance levying a tax of five (5) mills on the Real and Personal Property within the Incorporated Town of West Memphis, Attorney Berry then read the ordinance as drafted by him. AN ORDINANCE LEVYING A TAX OF FIVE (5) MILLS ON THE REAL AND PERSONAL PROPERTY JITHIN THE INCORPORATED TOWN OF WEST MEMPHIS ORDINANCE NO. 4 Be it ordained by the Town Council of the Incorporated town of West Memphis: That a tax of five (5) mills on the dollar on real and personal property within the corporate limits of the town of West Memphis for the year 1929 is levied and shall be collected during the year, 1130. And, the Recorder is directed to certify this ordinance to the County Court of Crittenden County, Arkansas, and place it upon the Tax Books of Crittenden County. This ordinance shall take effect and be in force immediately after its pass— age. THEREUPON, after open discussion of said proposed ordinance by all of the members of said City Council, upon motion made by and duly seconded by , and unanimously carried by the affirmative vote of all members of said City Council, said proposed ordinance was put upon its first reading as required by law. THEREUPON, Upon motion made by Paul Burnhard, and seconded by J.P.Treece and unanimously carried by the affirmative vote of all members of said City Council, the rules were suspended, and said proposed ordinance was put upon its second read- ing as required by the laws of Arkansas; THEREUPON, upon motion made by Clifford Davis and seconded by Wm.H.Hundhausen and unanimously carried by the affirmative vote of all members of said City Council, the rules were suspended and said proposed ordinance was put upon its third reading as required by the laws of Arkansas. Thereupon, upon motion made by Wm.H.Hundhausen and duly seconded by W.G.Parker and unanimously carried by the affirmative vote of all members of said City Council, a vote was taken upon the passage or rejection of said ordinance as read; and the Mayor thereupon directed the Recorder to call the roll and directed the Aldermen to indicate their vote for the passage of said ordinance by Yea or their vote against the passage of said ordinance by NAY; and upon roll call the vote was as follows: L.P.Burnhard YEA Clifford Davis YEA Wm.H.Hundhausen YEA W.G.Parker YEA J.P.Treece YEA There were no votes against the passage of said ordinance. WHEREUPON, said ordinance was declared duly passed and the Recorder directed to cause the same to be published for the time and in the manner required by law. There being no further business to come before the Council and upon motion and second the Council adjourned. Z.T.Bragg MAYOR ATTTEST: -� G.a.McAuley Recorder On this the 2nd day of July 1929 the Town Council of the Incorporated Town of West Memphis, Arkansas met in regular session pursuant to call of the Mayor. Notice of said meeting have been given the members as required by law. The Council met in the Ball Room of the West Men:this Inn at 8:30 P.M. The meeting was called to order by the Mayor and the Recorder was instructed to call the roll to ascertain if a quorum was present whereupon the following members of the Council answered to their names. Z.T.Bragg, Mayor, L.P.Burnhard, Clifford Davis, Wm.H.Hundhausen, W.G.Parker and J.P.Treece, Aldermen and G.W.McAuley Recorder, and also present was two repre- sentatives of Thos.H.AllenEngineering Co. , of Memphis . Upon advising the Mayor that all members of the Council were present, the Mayor asked the Recorder to read the minutes of the last meeting, ahich minutes were read and approied. There being no unfinished business to take up the Mayor announced that any new business to come before the Council was then in order. Two gentlemen (failed to get names) representing the Thos. H.Allan Engineering Company of Memphis were present and stated that they had completed their preliminary survey, plans and estimate for a proposed Sewer System for the Town of West Memphis as per contract dated May 3rd, 1929. These gentlemen read their report and gave a full explanation of same as well as exhibited blue prints of the proposed system, showing their proposed sewer lines and pumping plant. This report and blue prints of their proposed system !revery much in detail and the report is as follows: Prints are on file with the Recorder: Hon. Mayor and Board of Alderman, 0 City of 'Nest Memphis, Arkansas. July 1, 19 29. Dear Sir: We have carefully studied all the facts developed in the survey of the proposed sewer District in West M emphis for the design of a sewer system. We 0 have conferred by letter with the Arkansas State Board of Health relative to the disposal, of sewage in Ten Mile Bayou. We enclose copy of their reply. In line with this letter we have made plans for treatment of the sewage with provisions for secondary treatment, should it ever be necessary. Treatment of the sewage also requires a pumping station to elevate the sewage to the flow line of the tank. Population. The census records do not show a population recorded for West Memphis in 1920. We have therefore based our calculations on 20 people per acre twenty five (25) years hence, which would make a population in the District of 3, 132 people and, which em- braces all the area west of the railroad switch to the Compress that can be served by the sewers proposed. We feel sure that 'Newt Memphis will grow far more rapidly than does the usual --� community. The lack of census figures and the possibilities of rapid expansion in the immediate future makes it difficult to arrive at definite population estimates. We believe the figures adopted to be as satisfactory as can be arrived at in the light of present development in 'West Memphis. Sewers. Drawings No. 3-3-1 shows the proposed sewers. It will be noted from the pro- files as shown on Drawing No. 3-3-2 that the ground level at Ten Mile Bayou is 5.3 feet higher than it is at the turn in the concrete road. At the end of the line south of the Highway, the ground level is 2 feet lower than it is at Ten Mile bayou. The ground therefore, slopes away from the Bayou, while the sewers must slope to the Bayou. The distances are so long and with the slope of the surface away from the point of discharge that normal pipe sizes and grades would make a very deep sewer, costly to construct and expensive to pump. We have, therefore, used larger pipe lines than usual at the flatter grades permis- sable with the larger pipe, which reduces the depth of the sewer, and also reduces the cost of construction and the cost of pumping The line south and west of the Highway is designed to care for all territory west and south of the Highway for 1000 feet with the construction of proper laterals and if a parallel east and west main is constructed south of No. 70 This line is not designed to care for any sewage east of the railroad. P 11 The line north and east of the Highway will also care for 1000 feet of territory east and north of the Highway, if proper laterals are constructed. It is also designed to care for 300 acres east of the railroad. But territory east of the railroad would have to be pumped to the high end of this line. The arrangement proposed is the only satisfactory solution of the problem that can be accomplished at reasonable cost. PUMPING STATION. Plan 3-3-3 shows the pumpint station proposed. To insure continuous service two (2) pumps, each having a capacity of 300 G.P.M. are proposed. The sewage is enclosed in this station. The pump motota are above level. The station is of type that has proven very satisfactory in service. The pumps aredriven by 7 1/2 H.P.Motors, and stop and start automatically. The pump only operates one at a time. This intermittent service uses very little current. DISPOSAL PLANT. Plan No. 3-3-4 shows the disposal plant, which is of the Imhoff type. This type of plant takes out all solids and produces a satisfactory effluent, without secondary treatment until the shole system is well loaded. The levels are suck that in future years when the Imhoff Tank is working at capacity, that secondary treatment can be added. ENGINEERING DATA. j We attach hereto and make part of this report, all the Engineering data on which !l� these plans are based. ESTIMATES. We also attach hereto estimates of cost. Due to the nature of the soil, the water encountered in all deep ditches, and the necessity for foundation work in deep cuts makes the cost greater than is necessary in clay soil. But, the disastrous experience in other Cities of the Arkansas and Tennessee bottom lands makes the wisdom of proper construction evident. Our estimates are made to meet these unusual conditions. t CONCLUSIONS. A system as designed will be satisfactory in every way, the cost will be as low as is consistant with proper construction under difficult conditions. Respectfully submitted, Thos.H.Allen, CONSULTING ENGINEER. THA/Mc. ENGINEERING DATA. Population 1954 3132 people or 20 people per acre. Average sanitary flow per capita per day 75 gallons. Factor of Safety 2 " Infiltration, 20,000 gal. per mile per day Minimum Velocity in Sewers. 2 ft. per Sec. DISPOSAL PLANT. Population 3132 People. 4'O Average sanitary flow per capita per day 75 Gal. -t d Total sanitary flow per day 234,900 "Factor of Safety 2 " Net total sanitary flow per day 469,800 " Infiltration, per mile of pipe per day 20,000 " Length of sewers - 10,061 ft. 1,905 Miles. Total Infiltration 38,100 Gth1. Total sewage to be treated per day 507,900 or 47 cu.ft per min. of Velocity of Flow through Tank 0.4 ft. per min. period of detention 60 min. Length of Tank 36 feet. Area of Cross Section of Sedimentation Chamber 77.28 ft. Sludge Storage CapAcity, 4 months period 1877. 2 ft. Area of drying bed 1050 Sq.Ft. ESTIMATE OF PROPOSED SEWER SYSTEM FOR CITY OF WEST I& APHIS,Ark. 2350 ft. 8" pipe 0-6 cut. a $ .60 41410.00 100 " 8" " 6-8 " .86 86 .00 50 " 8"X6" Y's .75 37. 50 1515 10" Pipe 0-6 .86 130 2.90 200 " 10" " 6-8 1.02 204.00 30 10 X 6 y's .95 28.50 1061 " 12" pipe o-6 " 1.02 1082.22 795" 12" " 6-8 " 1.16 922.20 1100 " 12" " 8-10 " 1.50 1650.00 60 " 12"X 6" y's 1.15 69.00 360 " 18" pipe 8-10 2.75 990.00 100 " 18" " 10-12 4.20 420.00 100 " 21" pipe 6-16 1.95 195.00 50 " 21" " 8-10 3.45 172.50 600 " 21" " 10 -12 4.85 2910.00 700 " 21" " 14-14 6.45 4515.00 330 " 21 " 14-16 8.10 2673.00 40 I. 21 "X 6-y's 1.35 54.00 700 " 8" C.I.Pipe 1.40 980.00 1 Imhoff Tank 9000.00 1 Drying Bed 1600.00 1 Pumping Station 5500.00 27 Standard Manholes 60.00 1620.00 60 ft. Extra Depth Manhole 6.50 390.00 3 Flush Tanks (Larger then Standard) 100.00 300.00 3000 ft. Pipe Foundation work c .50 1500.00 Total ',$'39611.82 IEngineering, legal fees & Misc. . . . . 3000.00 Grand Total for construction $42,611.1 After consideration and general discussion of the above proposal for the proposed project, the Council unanimously agreed to defer action in the matter at the present time and further consider and study the project before proceeding with same. There being no further business to come before the Council Adjournment was had; to meet on the first Tuesday night in August 1929. Z.T.Bragg, ATTEST: MAYOR. G.W.McAuley Recorder. :I) On this 6th day of August 1929 the Town Council of the Incorporated Town of West Memphis, Arkansas met pursuant to the call of the Mayor, notice having been given to the members of the Council as required by law. Said meeting was a regular meeting. Said meeting was held at 8:30 P.M. in. the Ball Room of the 'hest Memphis Inn. There were present at said meeting Z.T.Bragg, Mayor,xiorRkRazmhxml, Clifford Davis, Wm.H.Hundhausen, W.G.Parker and J.P.Treece, Aldermen and G.W. McAuley Recorder. except 1.1r. Burnhadd There being all members present,/the Mayor asked for the reading of the minutes of the last meeting which wen read and approved. The Mayor announced that there was no unfinished business to comebefore the Council and that new business was then in order. Several matters of interest were taken up and discussed including the proposed sewerage disposal system, sidewalks and plans for bettering the water supply system. However, no definite action was taken. There being no further business, the council adjourned subject to call by the Mayor. Z.T.Bragg, Mayer Attest: G.W.McAuley, RECORD t On this 3rd day of September 1929 the Town Council of the Incorporated Town of West Memphis, Arkansas met in regular session pursuant to call by the Mayor, notice having been given to the Council prior to said meeting. Said meeting was held in the new City Council Chamber. Upon roll call the following members of the Council answered present: Paul Burnhar d, Z.T.Bragg, Mayor, Clifford Davis, )'m.H.Hundhausen, W.G.Parker and J.P.Treece, Aldermen and G.W.MMcAuley,Reco rder. Alr members of the Council were present 2.....' r9-ita mil. There were also present Mr. R.G.Hobbs. Minutes of the preceding meeting were read and approved and the Mayor stated that there being no unfinished business to come before the Council that new business was then in order. Mr. R.G.Hobbs spoke in the interest of bettering sanitary conditions and suggested for the consideration of the Council that sewer pipe be placed in the ditch on the South side of the road from Stevens Cafe down to Johnson Garage joining up with the tile already in place above Stevens Cafe and below Johnson Garage, making a continuous sewer line from the Railroad to a point where the drainage emptied down on Road 70. Mr. Hobbs suggested that three Standard Fire Plugs be purchased and installed immediately in voncenient places in the business district where no plugs existed at this time. Mr. Hobb's ideas and suggestions were well taken by the Council and it was unanimous agreed by the Council that the tile should be placed and several members of the Council agreed to get in touch with the property owners a tel with the view of urging them to place tile in the ditch across their property or contribute a part of the cost of same. 1. , 1 introduced a resolution providing Aldermen Hundhausen/irawdaxaxmatfza that the Mayor be authorized to investigate and purchase and have installed three standard fire plugs which reads as follows: WHEREAS, It is considered by the Town Council of the Incorporated Town of West Memphis, Arkansan that it is very important and essential for the protection of lives and property, that fire hydrants be installed in the business section of the Town where no fire hydrants now exist, and BE IT THEREFORE RESOLVED, that the Mayor be and he is hereby authorized to purchase three fire hydrants and have the same installed at once,to the best advan- y tage to the town. Mr. L.P.Burnhard, moved that the further reading of said resolution be dis- pensed with and the same be placed upon its 2nd and 3rd reading,Mr. Clifford Davis seconded the motion. Upon roll call all membF.rs votinglYea" The resolution was placed upon it final reading and for adoption as read, whereupon Mr. J.P.Treece moved that the resolution be adopted, which motion was seconded by Mr. Clifford Davis. Roll being called all members of the Council voted"Aye" Motion was made by Mr. W.G.Parker and seconded by Mr. J.P.Treece that the Council adjourn all sessions not later than 11 o'clock P.M. This motion was unan- CZ imously adopted, by roll call. • in q The matter of street cotton buyers was next discussed and Mr. W.G.Parker offered the following Ordinance. , ORDINA GE #5. 7 6 - 2y AN ORDINANCE FOR 1HE REGULATION OF BUYING COTTON WITHIN THE INEORPORATED TOWN OF WEST MEMPH lS, ARKANS AS. BE IT ORDAINED BY THE TOWN COUNCIL OF THE INCORPORATED TOWN OF TEST ME PHIS, I ARKANSAS. That it shall be unlawful for any person, persons, firm or corporation to buy or offer to buy co l.ton upon any street or streets within the Incorporated Town of West Memphis, Arkansas and any such person,persons,firm or corporation offering to buy cotton within said Incorporation shall first establish and office or quarters irya4tationery building. Any person, persons, firm or corporation who shall violate this ordinance • shall be deemed guilty of misdemeanor, and upon conviction shall be fined in any sumnot to exceed Twenty-five (a25.00) and each days violation shall constitute a separate offense. The Recorder read the ordinance whereupon Mr. Clifford Davis mo:ed that the rule be dispensed with, and that the ordinance be put upon its second and third reading. Motion was duly seconded by Mr. Paul Burnhard. All members voting Aye upon roll call. Mr. W.G.Parker moved that the ordinance be adopted as read. Mr. Hundhause n seconded the motion. Roll being called vote was cast as follows: Z.T.Bragg, x Yea Clifford Davis Yea Wm.H.Hundhausen Yea W.G.Parker Yea J.P.Treece Nay There being 4 for the ordinance: and one against the same. I The Mayor declared the acditanCer; adopted and thereupon approved same, and ordered the Ordinance spread upon the Book of Ordinances of the Incorporated L . Town of "+,est Memphis, Numbered No. 1. The legality of ordinance previously adopted by the Council providing for the licensing of Automobilesoperated within the Incorporated Town of West Memphis was next discussed and it was decided and unanimously agreed to hold an election and let the residents of the Town vote on same . There being no further business to come before the Council, adjourn,.:ent was had subject to call by the Mayor. Z.T.Bragg MAYOR ATTEST:G.W.McAuley Recorder. i_i No meeting held on regular meeting night October lst,1929 . On this 21st day of October 1929 the Town Council of the Incorporated Town of West Memphis ,Arkansas met in special session, pursuant to call by the Mayor, notice of which having been given the Council according to law. Meeting was held at 8:30 P.M. in the City Council Chamber. Upon roll call the following members of the Council answered to their names: Z.T.Bragg, Mayor, L.P.Burnhard, Clifibrd Davis , W.G.Parker, and J.P.Treece and Wm.H.Hundhausen,Aldermen and C.i.McAuley,Recorder. There were also present Mr. J.C.Eoone of Eldorado,Arkansas. Minutes of the preceding meeting were read and approved. The Mayor announced 1 1 that there was no unfinished business to come before the Council and that new business was in order. Mr. Bragg, Mayor introduced Mr. Boone who was present in the interest of securing from the Council a Franchise to supply the Town and residents of West Mei;phis, natural gas. Mr. Boone stated that he bad made a complete survey of Viest Memphis as well as some of the other towns near by and that he wished to submit to the Council a Franchise Contract for the furnishing to the Town of West Memphis, natural gas for their con- sideration, The Franchise Contract was read by each member of the Council and discussed at lenLth, Mr. Boone answering questions and explaining certain parts of the contract. Mr. Wm.H.Hundhausen, moved that the action on executing said Contract be deferred until such time as the Council could have the iranchise Contract examined by a competent attorney. Mr. Paul Burnhard seconded the motion. The motion carried unanimously. They Mayor was then instructed to have the Franchise Contract examined by a competent attroney and get his opinion on same and call a meeting of the council as soon as he had done this. Mr. Bragg stated that he would have the Contract examined and have an opinion on same by Monday night October 28th, 1929 and requested the Council to meet back at that time. There being no further business to come before the Board adjournment was had until next Monday night October 28th,1929 . Z.T.Bragg, MAYOR. ATTEST: G.V .McAuley, Recorder. On this 28th day of October 1929 the Town Council of the Incorporated Town of !lest Memphis met in pecial session in the City Council Chamber pursuant to call by the Mayor, notic hich was given to the Council according to law. Meeting was called to order by the Mayor and asked the Recorder to call the roll. Upon roll call the following members answered present: Z.T.Bragg, Mayor, L.P.Burnhard, Clifford )avis , Wm.H.Hundhausen, J .P.'ireece and W.G.Parker,Aldermen and G.W.McAuley,hecorder. Minutes of the preceding meeting were read and approved. There being no un- finished business to come before the Council the Mayor announced that new business was then in order. Mr. Bragg stated that acting upon the advice and instructions of the Council __ -i at the preceding meeting he had had the Gas Franchise Contract examined by Mr. A.H. Murray, Attorney at Law of Memphis,Tennessee and that Mr. 2urray had suggested a __J few changes in the contract which had been made and the Mayor then asked the Recorder to read said contract as amended. The Franchise Contract was then read by the Recorder as well as by the members of the Council individually and after a general discussion of the Metter,Mr. Paul Burnhard moved that the amended franchise Controct be submitted to NIr. Felsenthal, who Mr. Boone was negotiating for, for his consideration and acceptance if agreeable. Mr. Wm.H.Hundhausen seconded the motion. The motion was unan4 imously adopted and the Recorder was ordered to return the franchise as amended to Mr. Boon and Mr. Felsenthal. There being no further business to come before the Council at this time, adjourn- ment was had. Z.T.Bragg, Attest: G.W.P.-IcAuley, Recorder. Mayor. 15 On this 8th day of November 1929 the Town Council of the Incorporated Town of West Memphis, Arkansas met in special session in the City Council Chamber,pursuant to call by the Mayor, notice having been given according to law. Said meeting was called to Order at 8:30 F.M. by the Mayor who instructed the Recorder to call the roll. Roll was called and the fallowing members of the Council answered to their names: Z.T.Bragg, Mayor, L.P.Burnhard, Clifford Davis, Wm. H. Hundhausen, J.P.Treece, Aldermen and G.W.McAuley,Recorder. There were also present Mr. J.O.Boone and a Representative of the Layne-Arkansas Company of Memphis,Tenn. The minutes of the preceding meeting were read and approved. The Mayor announced that there were no unfinished business and new business was then in order. Mr. Bragg, introduced Layne-Arkansas representative (tailed to get name) The Representative stated that he had appeared before the Council for the purpose of submitting a pro osition and proposal to Drill and develop a 6 inch Artesian Veil in the Town of West Meg.phis , for the consideration of the Council providing they should decide at any time to put in a Municipal Water plant. The contract was then read and discussed and is on file with the Recorder. The Contract states in part: " Contract under which the Contractor shall drill and develop one six (6) inch well on the Purchaser's property at West Liemphis,Arkansas complete,estimated depth 1800 feet,guaranteeing the well when completed to have a natural flow of 90,000 U.S. Gallons of water at the surface of the ground per each twenty-four hours;for a cons ideratiot of $9,250.00) and the land upon which to locate the well with plenty working space for drilling and to take care of the disposal of water,slush ,sand etc. , while the well is under construction. Contractor to furnish Surety Bond acceptable to :Aurchaser and work to begin within forty-five days after receipt of purchaser to proceed with the work. " After a general discussion of the said contract it was unanimously agreed by the Council to defer action on said contract,and to file said contract with the Recorder Jor future reference. A Mr. Fibush representing the Tri-State Musical Journal entered the meeting at this time and asked for a few minutes time which was granted. Mr. Fibush explained to the Council that the Tri-State Musical Journal was giving away sevewe+ free scholar memberships to 8 or 9 boys and girls of Crittenden County and at least two or three of these scholarships would be awarded to boys and girls in hest Memphis. He also stated that this edition of the Journal was being dedicated to Crittenden County and as a means of financing this particular edition he was soliciting advertising from firms,corperations, individuals and towns 'and would be glad to have a contribution from the Town of West Memphis for a page add. Mr. Pm.H.Hundhausen moved that the Town Council take a page add in the Journal which would cost about 425.00. Er. Paul Burnhard seconded the motion. Roll being called all members of the council voted in favor of the motion except Mr. J.P.Treece who voted against the motion. There being 3 for and 1 against, the motion was declared adopted. Mr. Bragg, stated that Mr. Boone:,representing S.J.ielsenthal QQf Eldorado,Arkansas *at present and had returned the Gas Franchise Contract which th8,Ratted and forwarded to Mr. Ielsenthal. Mr. Boone stated that the franchise as amended by the Council was not acceptable to Mr. Felsenthal and that he had drafted a new Franchise for the consideration of the Council. This Franchise Contract was read and considered by the Council and amended and delivered to Mr. Boone for submission to Mr. Felsenthal. The Council then asked the Recorder how the outstanding accounts of the Town stood, and upon being advised that there were a few oustanding at that time, Motion was made by Clifford Davis and seconded by Mr. Win.H.Hundhausen that Warrants be issued on all outstanding accounts due and past due. Said motion was unanimously adopted and the r Recorder instructed to issue warrants in payment of said accounts. There being no further business to come before the Council,adjournment was hEd subject to call by the Mayor. Z.T.Bragg, ATTEST: MAYOR. G.W.MC Auley, Recorder. No meeting in December 1929. 16. Minutes of Regular Meeting of the City Council of the City of ',\est Memphis, Arkansas,held at Council Chamber on the 7th day of January 1930. A regular meeting of the Town Council of the Town of West Memphis, Arkansas, was held at Council Chamber in said Town on the 7th day of January 1930. Present at said meeting: Z.T.Bragg, Mayor, who presided over said meeting; G.Vi.McAuley, Recorder, and the following Aldermen, to-wit : L.P.Burnhard, J .P.Treece, «in. H.Hundhausen, Clifford Davis, the said L.P.Burnhard, J.P.Treece, V1m.H.Hundhausen and Clii ford Davis being all except W.G.Parker, who was not present at said meeting, of the duly elected, qualified and acting Aldermen of said City of west i�:emphis, Arkansas, and constituting the full Board of Aldermen of said City. THEREUPON, Mr. Z.T.Bragg, Mayor , submitted to the Council for its consideration and subsequent action thereon, a proposed ordinance granting to S.J.Felsenthal (of El Dorado ,Arkansas) , and his successors and assigns, the right to erect, maintain and operate a system of pipes for the conveyance of Natural Yas for heating, lighting and furnishing of power for manufacturing and other purposes for public and private use, in the City of West lYiemphis, Arkansas, and granting to the said S.J.Felsenthal and his successors and assigns the right to use the streets, alleys, avenues and public grounds of said City for such purposes. TIEREUPON, after open discussion of said proposed ordinance by all of the members of said City `'ouncil, upon motion made by Paul Burnhard and duly seconded by Clifford Davis , and unanimously carried by the affirmative vote of all members of said City Countil, said proposed ordinance was put upon its first reading as required by the lays of Arkansas; THEREUPON, upon motion made by Wm.H.Hundhausen and seconded by J.2. Treece, and unanimously carried by the affirmative vote of all members of said City Council, the rules were sus• el:ded, and said proposed ordinance was put upon its second reading as required by the laws of Arkansas; THEREUPON, upon motion made by Clifford Davis and seconded by J.P. Treece, and unanimously carried by the affirmative vote of all members of said City Council, the rules were suspended and said proposed ordinance was put upon its third reading as required by tine laws of Arkansas. TiEREU-'ON, upon motion made by VIm.H.Hundhausen and duly seconded by Paul Burnhard and unanimously carried by the affirmative vote of all members of said City Council, a vote was taken upon the passage or rejection of said ordinance as read; and the Mayor thereupon directed the Recorder to call the roll and directed the Aldermen to indicate their vote for the passage of said ordinance by Yea or their vote against the passage of said ordinance by Nay; and upon such roll call the vote was as follows: L.P.Burnhard, YEA J.P.Treece YEA V,im.H.Hundhausen YEA Clifford Davis YEA There were no votes against the passage of said ordinance. Vf BEUPON, said ordinance was delclared duly passed and the Recorder directed to cause the same to be published for the time and in the manner required by law. There being no further business the meeting vas upon motion made, seconded and unanimously carried, adjourned. Z.T.Bragg AZTES"L: MAYOR. G.VJ.McAule y, Recorder. The above said ordinance is in words and fitures as follows: 1r ORD INA :C E NO. 6 7 AN ORDINANCE GRANTING S.J. FEISINTHAL AN) HIS SUCCESSORS AND ASSIGNS, THE RIGHT TO ERECT,MAINTAIN AND OPERATE A SYSTEM OF PIPES, FOR THE CONVEYANCE OF NATURAL GAS FOR HEATING, LIGHTING AND FURNISHIID POWER FOR MANUFAC TUR ING AND OTHER PURPOSES FOR PUBLIC AND PRIVATE USE, IN THE CITY OF WEST I EI•, iIS,ARKAN3AS, AND GRANTING TO S.J.FELSENTHAL AND HIS SUCCESSORS AND ASSIGNS THE RIGHT TO USE THE STREETS,ALTFYS,AVENUES AND PUBLIC GROUNDS OF SAID CITY FOR SUCH PURPOSES: SECTION 1. BE IT ORDAINED BY THE CITY COUNCIL OF WEST MEL PHIS , ARKANSAS, That S.J.Felsenthe.l and his successors and assigns, hereinafter referred to as grantee, be, and he is hereby authorized and empowered to erect, maintain and operate a system of pipes for the convey- ance of natural cas for furnishing heat, light or power, or all, for public or private use in the city of West Memphis , Arkansas, for the period of 25 years from the passage of this ordinance, according to the following terms and conditions: (a) That the said Grantee, S.J.Felsenthal, be , and is hereby authorized and empowered, for a period of 25 years, from and after the passage of this ordinance, to enter and to dig and excavate, on the streets, sidewalks, avenues, alleys, highwaysa and public grounds,be- low the surface thereof and under the bridges and viaducts of said city, and to lay gas mains and gas pipes, with all the necessary and proper attachments, connections and appur- tenances, for the transportation, supply and distribution of natural gas in and through az said city, with the rights at all times thereafter, during said period, under supervision of the city, to dig and excavate for the purpose of relaying, repairing, replacing and re- --'< moving the said gas mains and service pipes, or any portions thereof, or to make connect- ions for consumers with such mains , and pipes; provided, however, that after said gas pipes and mains are laid, repaired, replaced or renoved, all excavaticais shall be refilled and thoroughly tapped, and all sidewalks and pavements shall be replaced and relaid as found when said excavations are made, subject to inspection by the person designated by the City Council. Should said grantee fail or refuse to restore and replace said pavements, side- walks and excavations, within a reasonable time, then the same may be replaced and restored by the City at the expense of said Grantee, which expense shall include Attorneys fee, in event it shall become necessary for said City to bring suit to recover the moneys so expendec by it. (b) In the construction, repairing and operating of said gas system, said Grantee shall use every reasonable and proper precaution to avoid -damages or injuries to persons or property, and shall hold and save harmless the said City from damages, injury, loss or ex- pense caused by the negligence of said Grantee, his agents, servants or employees in con- structing, repairing and operating said plant or in repaving or repairing any street, alley or other public place. SECTION - II The specifications for the installation and type of the gas system shall be as follows: (a) The system and main shall be of adequate capacity to furnish sufficient quantity of gas for the present and future needs of the City. Provisions shall be made so that the system can be extended in any direction without interferring with the service al- ready established. (b) Gas pressure shall be computed on a four ounce basis. (c) The City reserves the right to inspect the said work or construction from time to time or to have said work inspected by a duly authorized engineer. SECTION III. The Grantee shall furnish gas at the curb line. Grantee shall furnish a meter of standard type and connect same with the pipes of each consumer without charge. All other service pipes and fixtures shall be furnished and maintained by the consunrrr. SECTION IV. The Grantee shall tunnel beneath all paved streets, alleys and Sidewalks, wherever possible, in laying, placing and repairing pipes and mains, and this work shall be done under the supervision of a representative of the City. SECTION V. The said. Grantee shall extend its main for the purpose of supplying new customers where the Grantee is reasonably assured of at least one customer on an average of every one hundred and fifty feet of any said extension. I SECTION VI. The Grantee shallhave the right to discontinue from its main any consumer of gas who has not conformed with the reules of the Grantee covering the consumption of gas, and approved by the City Council, or who are in arrears ten days for the payment of gas furnished dur- ing the previous month. SECTION VII. The Grantee shall have the right , subject to the approval of the City Council, to make such rules, regulations and requirements, coverirt the making of connections by consumers with its mains and laterals, the proper method and nanrer of making such connections, the proper specifications for materials connected therewith by such consumers, and the proper maintenenceof utensils in which said gas is used or consumed, as may be reasonable ; which rules and regulations when approved by the City Caine it shall be eniorced as part of the contract between the Crantee and the consumer . SECTION VIII. "..-A Be it further Ordained: That such Grantee, his successors and assigns, shall make charges for natural gas sold and delivered to the City of 'Nest Memphis, Arkansas, and to the inhabitants thereof, at the following rates: DOMESTIC GAS RATE. The Grantee shall charge each domestic consumer of gas sold during any calendar month according to the following rates: (a) One Dollar and Twenty Cents ($1.20) per thousand cubic feet, plus 10¢ if bill is not paid on or before the 10th day of the month following the month in which gas is used. (b) A minimum charge of Ninety Cents (; .90) par month may be made, regardless of the amount of gas consumed. INDUSTRIAL GAS. (a) For the first 10,000 cubic feet of gas used, $1.20 per thousand cubic feet; For the next 100,000 cubic feet of gas used, • $1.00 per thousand cubic feet; ri For the next 100,000 cubic feet of gas used, $ .80 per thousand cubic feet; For the next 300,000 cubic feet of gas used, `'"� $ .75 per thousand cubic feet; For the next 600,000 cubic feet of gas used; 7 .60 per thousand cubic feet. (b) The minimum charge for industrial service under steam boilers shall be Twenty-five Dollars ($25.00) per month on a basis of 45 E.P. Provided, however, should the rates herein specified and particularly set out be at any time higher than the rates fixed by the compeny furnishing gas to the City of Memphis, Tennessee, then in that event the rates herein given shall be reduced to cor- respond with the rates in effect in the City of Memphis , Tennessee, for the furnishing of gas, both domestic and industrial. • SECTION IX. Before making a connection, the Grantee may require a deposit of Ten ($10.J0j for meter to be made and which amount shall be retained by the '°rantee as long as the appli- cant is furnished gas. SECTION X It is hereby declared to be unlawful, for a person, firm,corporation, or association to tap, break, Injure or molest any gas pipes, lines, meters, regulators or ar— any other appliances or connections belonging to the Grantee herein, or any other person or corporation to interfere with the operation of said gas system, and any person, firm, corporation or association found guilty of violating any of the provisions of this Sec- tion shall bee deemed guilty of misdemeanor and subject to a fine of not less than lrive ( j5.00) Dollars, and not more than Fifteen ($15.00) Dollars, and each day the violation shall continue , shall be deemed a separate offense. SECTION XI. All prohibitions, amendments, forfeitures and all provisions of this ordi- nance shall be hinding upon said Grantee, its successors and assigns whether expressly so stated herein or not, and all grants, rights and privileges secured by this ordinance to said Grantee shall inure to the benefit of its legal and bona fide representatives, successors and assigns. 1 ` 1 SECTION XII. This franchise may be accepted by the Grantee by written notice of its acceptance be- ing delivered to the Recorder of the City of West Memphis , Arkansas, which acceptance shall be delivered within three weeks of the date of the passage of this ordinance. Within one year of the date of the passage of this ordinance, the Srantee herein shall file with the City Recorder of West Memphis , Arkansas, a plat of the proposed system for farnishing gas within said City, and the Grantee shall begin actual work toward the construction of said system at the time of filing said plat. If the grantee herein does not file said plat as above provided and does not actually begin work of constructing said system within the time above specified, the franchise herein granted shall become void and all rights of the City of ''est Memphis and of the Grantee, S.J.Ielsenthal, hereunder shall cease. Said Grantee further agrees that said work shall be begun as outlined above and rushed to completion as soon as practical to do so and without delay, otherwise this contract becomes null and void. Passed by the est Memphis Council January 7, 1930. City of West Memphis By Z.T.Bragg, CITY RECORDER MAYOR. k'D G.W. McAuley/ Iebruary meeting - quorum not present. On this 4th day of Much 1930 the Town Council of the Incorporated Town of West Memphis, Arkansas met in regular session in the City Council chamber at 8 P.M. pursuant to call by the Mayor, notice having been given according to law. The meeting was called to order by the Mayor and upon roll call there were 7 found to be present: Mr. Z.T.Bragg, gg, Mayor, L.P.Burnhard, Clifford Davis, m.H.Hundhausen, Aldermen- and J.P.Treece,Aldermen and G.W.McAuley,Recorder. Minutes of the preceding meeting were read and approved. There being no un- finished business to come before the Council the Mayor announced that new business was then in order. Several matters of interest to the welfare of the Town of 'vest Memphis were discussed. The matter of the Arkansas tower and Light Company refusing to put the reduced electric light rate into effect in West Manphis,as was then in effect in other towns in the state was discussed at length and it was decided by the Council that-the proper steps to take was to consult an attorney and request them to investigate the Peer matter and see what could be done in order to get the rates reduced. Mr. Wm. H.Hundhausen made a motion, which was duly seconded by Mr. Paul Burnhard and nnAnimously adopted by the Council, that Mr. Bragg, the Mayor be authorized to confer with Judge S.H.Mann of Forrest City regarding the matter. Mr. Bragg stated that he understood that Judge Mann was away from home at that time but would take the matter up with him as soon as he re- . turned. There being no further business to come before the Council, adjournment was had subject to call by the Mayor. Z.T.Bragg. MAYOR. ATTEST: G.W.McAul.ey RECORDER. On this the 10th day of March 1930 the Town Council of the Incorporated Town of West Memphis , Arkansas met in special session in the City Council Chamber at 8 P.M. pursuant to call by the Mayor, notice having been given the council prior to said meeting according to law. Mayor Bragg called the meeting to order and asked the Recorder to call the roll. The following answered to their names: Z.T.Bragg, Mayor, L.P.Burnhard, Wm.H.Hundhausen, Clifford Davis, L.P. Treece, Aldermen and G.W.McAuley,Recorder. There being a quorum present and as there was no unfinished business to come before the Council the Mayor stated that new business was in order and made a statement that he had assumed certain other duties that would not permit him to continue in office as Mayor of the Town of ';`lest Memphis and wished to submit at this time his resignation as said Mayor to become effective at once. The resignation was turned over to the Recorder and ordered read which was as follows: West Memphis, Arkansas March 10, 1930. TO ZEE TOWN COUNCIL OF THE TOWN OF ZEST MEMMPHIS, Gentlemen: Herewith I tender my resignation as the Mayor of your Town, effective this date. It is with the deepest regret I sever my relations with you, which at all times have been cordial and pleasant, and it is left to your wisdom and sound judgment to choose my successor in office, a duty imposed upon you by law. Respectfully submitted, Z.T.Bragg, Mayor. Clifford Davis made a notion that the resignation be accepted. J.P.Treece seconded the motion. Roll was called and the resignation was unanimously accepted. The Recorder, G.W.McAuley was asked to take the chair and assume the c:uties of Acting Mayor. Paul Burnhard was appointed to act as Recorder. .,... The next matter to come before the Council was that of the appointment of a Mayor to }ill the unexpired term of Mr. Bragg. Nominations were asked for whereupon Clifford Javis nominated M.B.Currie for Mayor to fill the unexpired term of Z.T.Bragg. The nomination was duly seconded by Paul Burnhard. There being no other nominations the roll was called and vote taken on Mr. Currie's election. All members of the council present voted for Mr. Currie. There being 4 YEAS- No. Nays. Mr. Currie was declared unanimously elected. There being no further business to come before the Council at this time,adjourn- ment was had subject to call by the Ma;;or. G.W.McAuley, Acting Mayor. Paul Burnhard, Acting Recorder. Pursuant to call of the Mayor, the Town Council of the incorporated Town of est Memphis, Arkansas met in regular sesssion in the Council L'hamber on 1st day of April, 1930. Meeting was called to order by the Mayor who asked the Recorder to call the roll. Upon roll call the fo llowi ng members answered to their names. M.B.Currie, Mayor, B.P.Burnhard, Clifford Javis, "m.H.Hundhausen, and J.P. Treece, Aldermen and G.W.McAuley,i-tecorder. There were also present Mr. Harry Neely, B.F.Frice, N.A.Simmons, R.G.Hobbs, and others. The Mayor announced that there being no unfinished business to come before the Council that new business was in order. Mr. Harry Neely of St.Louis stated that he had appeared before the Council for the purpose of securing a fifty year Franchise to furnish the Town of Vest Memphis an artesian water supply 'nd stated that if the Council was interested in the propos ition that he would send his engineers here to make a survey and compile data and if granted tins a franchise he would begin the construction of the system promptly. The matter was discussed by the council and other parties present after which Mr. Wm.H.Hundhausen made a motion that action on the matter be deferred until such time as the Council could gather such information and data on the sub j✓ ct to femilerize themselves with the matter so they could discuss the matter intelligently and go into details of the proposition with Mr. Neely. Mr. Paul Buruhard seconded the motion. The motion was unanimously carried. Other matters of interest to the welfare of the town were discussed, but no definite action was taken. There being no further busiless to come before the Council, and upon motion which was duly seconded, adjournment was had subject to call by the Mayor. M.B.Currie, Mayor. Attest: G.V.McAuley, Recorder. The Town Council of the Incorporated Town of Vest Memphis, Arkansas met in regular session in the Council Chanber at 8 PX. on the 6th day of May 1930, pursuant to time and place previously fixed by the Council. The meeting was called to order by the Mayor who asked the Recorder to call the roll. Upon roll call the following members answered present : M. B. Currie, Mayor, Clifford Davis, Wm. H. Hundhausen, J. C. Johnson, Noah Phillips and J. P. Treece, Alderman and G. W. McAuley,Recorder. There were also present at said 1""1 meeting Attorney Hub Blair`and M. M. Johnson, J.F. C7 Upon being advised by the Recorder that all members of the Council were present and there were no unfinished business to come before the Council, the Mayor announced that .-� new business was then in order. The Mayor stated that the above gentlemen had been certified out by the County Election Commissioners as the electors to their respective offices according to the ballots cast at an election held in the Incorporated Town of West Memphis, Arkansas on April 1st, 1930 as per Certificate of Election which the Recorder was asked to read as follows: To the Recorder of the Town of West Manphis , State of Arkansas. We, the undersigned, Election Commissioners of the County of Crittenden in the State of Arkansas, do hereby certify that es a result of an election held in the Town of V.eat Memphis, in Crittenden County, on April 1st, 193D , the following votes were cast, to-wit: For Recorder, G. W. McAuley 72 votes. For Alderman, J. C. Johnson, 72 votes. Noah Phillips 72 votes. ';m.H.Hundhausen 72 votes. J. P. Treece 72 votes. Clifford Davis 72 votes. V,fitness our hands this 7th day of April, 1930 . R. V. Wheeler, Chairman. W. B. Rhodes, Election Commissioner. W. E4.4i ggs, As required by law, each manber of the council next took the oath of office, same being administered by Justice of the Peace M.M.JohnQon, which oath reads as follows: 1, the undersigned, do solemnly swear that I will support the constitution of the United States and the constitution of the State of Arkansas, and that I will faithfully discharge the duties of the office of aldermen, upon which I am now about to enter. Wm. H. Hundhausen, Noah Phillips, J. C. Johnson, J. P. Treece, Clifford Davis . Subscribed and sworn to before me this 6th day of May 1930. M. M. Johnson, J. P. for Proctor Township, Crittenden County I, G. V . McAuley, do solemnly swear that I will support the constitution of the United States and the constitution of the State of Arkansas , and that I will faithfully dis- charge the duties of recorder, upon which I am about to enter. G. W. McAuley Subscribed and sworn to before me this 6th day of May 1930, M. M. Johnson, J. P. Proctor Township, Crittenden County, Ark. M. B. Currie, Mayor had previously taken the oath of office before the Circuit Court Clerk as required by law. CERTICATE OF ELECTION RETURNS. We, the Foerd of Election Commissioners of Crittenden County, Arkansas , hereby certify' that we have canvassed the returns of the vote of the qualified electors of the Incorporated Town of ''.est Memphis, on the proposition of an Incorporation Tax of 0.00 annually on motor vehicles owned or operated within the limits of said town, at a special election held for that purpose pursuant to a proclamation of the Mayor of said incorporated town, on Tuesday, the first day of April, 1930 , and certify the result of said election, as shown by the certifi- cate of the judges and clerks thereof as follows: Votes. For the Incorporation tax 43 Against the Incorporation Tax 23 In witness whereof we have hereunto set our hands as officers and members of the Board of County Election Commissioners of Crittenden County, Arkansas, this 24th day of April 1930. To the Mayor and Aldermen R. V. Wheeler, Chairman of West Memphis, Ark. W. B. Rhodes, Clerk. hMr. dim. Hundhausen, introduced the following resolution and moved its adoption: Resolution. • WHEREAS, on the 7th day of May 1929 ordinance Mo. 2 providing for an incorporation tax of 0.00 annually on motor vehicles owned or operated in the incorporated town of Lest Memphis, Arkansas, after third reading was duly adopted and passed at a regular meeting of the council of said town and approved by the Mayor and attested by the Recorder pn the 7th day of May 1929 . AND WHEREAS, on the 8th day of March 1930 the said mayor issued and published his proclamation according to law calling a special election for the purpose of submitting said question of an incorporation tax of 0.00 ennually on motor vehicles owned or operated in said town to the legally qualified voters thereof, And whereas a majority of said voters at said election held in pursuance to said proclamation on the 1st day of April, 1930 by their votes approved said tax, which was so certified by the Election Commissioners of Crittenden County, Now, therefore, be it resolved by the Council of the Incorporated Town of \Vest Memphis, Arkansas, that said Ordinance No. 2 be and the same is hereby ratified, repassed and declared a law and ordinance. Approved this 6th day of May 1930 Attest: G. I. McAuley, RECORDER . M. B. Currie, Mayor. Mr. J. C. Johnson, Alderman seconded the motion. Upon roll call each member of the Council voted "Aye". The Resolution was declared unanimously adopted. Mr. J. C. Johnson, a member of the Council stated that the present date adopted for the regular meeting of the Council rhich was the 1st Tuesday night in each month, con- flicted with other important meetings that he attended each Tuesday night and that if .L:j agreeable and convenient to the other members of the council he would appreciate a change in the date of the regular meeting of the council. After discussion of the matter, Mr. Wm.H.Hundhausen moved that the regular meeting date of the council be changed from the first Tuesday night to the first Wednesday night in each month. Said motion was seconded by Mr. J. P. Treece. Upon roll call all members of the council voted "Aye". The motion was declared adopted. f Mr. Noah Phillips asked the Mayor and Council what progress has been made in regard to N. getting the electric light rates reduced in West Memphis and`was advised by the Mayor that he . would have something definite to report on this subject within a few days and suggested that the Council meet back in the Council Chamber at 8 Pa. on May 14th, 1930,which date being agreeable to all the counselmen, for the purpose of taking up this matter and any other matter that might come before the Council. There being no further business to come before the Council adjournment was had until May 14th when the Council will meet in special session. G. W. McAuley, RECORDER. M. B. Currie, Mayor. 4)c MINUTES OF A SPECIAL MEETING OF THE TOWN C UNCIL OF 1HE INCORPORATED TO 'N OF WEST ME.MPHIS, CRIT ENDIN COUNTY, ARKANSAS, R ID .T ITS REGULAR MEETING PLACE ON TEE 14th DAY OF MAY, 1930 , ALL MEMBERS OF THE TOWN COUNCIL AND THE MAYOR AND RECORDER THEREOF HAVING DUE NOTICE OF SAID MEETING. Mayor M.B.Currie, called the Council to order and ordered the Clerk and Recorder to call the roll of the members of the Town Council to ascertain if a qurum present. Whereupon, the Clerk and Recorder called the roll of the members of the Council, and the following answered present: J.C.Johnson, Wm.H.Hundhausen, Noah Phillips, J.P. Treece, and it being ascertained that all or a majority, of the members of the Town Council were present, the Nayor announced the regular order of business. I The minutes of the last meeting of the Town Council were readR and approved, and there being no reports of standing committees and no unfinished business, the Mayor announced the consideration of new business, when Alderman Wm.H.Hundhausen to introduced an Ordinance granting,Chas.E.Sullenger, and unto his heirs and assigns, F t- 7I a franchise to supply electric current for lighting and other purposes to the Incorporated Town of 'West Memphis, Crittenden County, Arkansas, and the inhabitants thereof, within the limits of said Town as said limits may now be established or shall hereafter be legally established, for a period of Thirty (30) years from and after the passage of said Ordinance and its approval by the Mayor of sLid Town. I Whereupon, the Mayor ordered the Town Clerk and Recorder to read the Ordinance introduced by Alderman Hundhausen, and after the first reading of same by the Clerk and Recorder, Alderman J.C.Johnson moved that the Ordinance be pieced upon its second and third reading and final passage. This motion duly seconded by Alderman J.P.Treece and the Mayor put the motion, and upon a roll call by the Clerk and Recorder upon said motion, the following Aldermen voted "Aye": J.C.Johnson, J.P.Treece, M.B.Currie, G.W.McAuley and the following Aldermen voted "No": Wm.H.Hundhausen, Noah Phillips. The motion having carried, the Mayor ordered the second and third reading of the Ordinance by the Clerk and Recorder, after which the Mayorz put the question of the final passage of said Ordinance before the ',ouncil, and ordered the Clerk and Recorder to call the roll thereon. The Clerk and Recorder called the roll upon the final passage of said Ordinance and the following Aldermen voted "Aye": J.0 .Johnson, J.P.Treece, and the following Aldermen voted "No" Wm.H.Hundhausen, Noah Phillips, The Major voting Yes, the Clerk and Recorder voting Yes. The Clerk and Recorder tabulated the vote and announced the result as follows: Ayes 4 Nays 2 and it being ascertained that said Ordinance received a majority of the votes of the Council on its submission for final passage, the Mayor declared said Ordinance duly passed and thezeupon approved sane, which approval was attested by the Town Clerk and Recorder, and the Ivlayor ordered the Ordinance spread upon the Book of Ordinances of the Incorporated Tovai of West Memphis, numbered ORDINA=CE NO. 8 CAPTION AN ORDINACE GRANTING TO CHAS. E. SUTJRNGER", HIS HEIRS AND ASSIGNS, THE EXCLU- sive RIGHT TO ACQUIRE, ERECT,IJIAII AIN AID OPERATE A SYSTEr. OF POLES, WIRES, TRANS- FORMERS AND OTHER APPLIANCES NECESSARY FCR THE DISTRIBUTION OF LLFCTRIC CURRENT FOR LIGHTING AND FURNISHIM POWER FOR MANUFACTURING AID OTHER PURPOSES, FOR PUBLIC AND PRIVATE USE, IN THE IN OORP OR TED TON OF WEST MEMPHIS, CRITTENDEN COUNTY, ARKANSAS, AivU CRANT ING TO CHAS. E.SULIENGFR, HIS HE E2 S AID ASSIGNS, TEE EXCLUSIVE RIGHT TO USE THE STREETS,AII.EYS, AVENUES AND PUBLIC GROUNDS OF SAID T3WN FOR SUCH PURposes; AND FOR OTHER PURPOSES:- b£� BE IT ORDAINED by the Town Council of the Incorporated Town of West Memphis, In in the County of Crittenden, and State of Arkansas:.- SECTION 1: That Chas.E.Sullenger, his heirs or assigns, is granted the privilege and is authorized and empowered to use the streets, alleys and public grounds of the Town of West Memphis,Arkansas, upon which to rerect and maintain poles, conduits, guys, etc., to support necessary wires, transformers and other appliances necessary and convenient for the proper distribution of electric current in said Town, and for such other purposes as may be necessary to carry on his busi- ness incident to the proper sale and distribution of electric current for lighting, heat, domestic and power purposes. SECTIONIl: That the said Chas.E.Sullenger, his heirs or assigas, is hereby granted, and shall have the exclusive privilege of erecting and maintaining poles, wires, transformers and other necessary applances for the proper distribution of electric current in said Town, for the use of said Town and the inhabitants thereof, for the term of Thirty (30)myears from and after the date of the passage of this Ordinance; provided, this grant shall be void and of no effect unless said Chas.E. Sullenger shall, for himself, his l.eirs or assigns, accept and agree to the terms, agreenents and stipulations of the same within 5 days from and after the passage of same, such acceptance to be indorsed upon the margin of said Ordinance as the same appears upon the pages of the Book of Ordinances of said Town; and at the time of said acceptance, deposit with the Recorder of said Town a surety bond in the sun of Five Thousand ($5,000.00) Dollars, conditioned upon the faithful performance of the terms and conditions of this grant upon the part of himself, his heirs or assigns. SECTION III: That the said Chas.E.Sullenger, his heirs or assigns, shall erect within the corporate limits of said Town of West Memphis, Arkansas, a complete system of poles, .wires, transformers and other necessary appliances of sufficient capacity to fur- nish at all times all the electric current necessary for use in said Town for lighting purposes and for such other purposes as electric current is ordinarily used; provided, however, that said grantee shall not be required to erect, maintain and operate transmission lines to outlying property where the revenue would not be sufficient to justify the cost of such lines. SECTION IV: That in the construction, repairing and operation of said electrical transmission system, said grantee shall use every reasonable and proper precaution to avoid damages or injury to person or property, and shall hold and save harmless the said Town from damages caused by the negligence of said grantee, his agents, servants or em- ployees, in constructing, repairing and operating said electrical transmission system. SECTION V : That it shall be the duty of the said Chas. E.Sullen ger, his heirs or assigns, at all times during the term of this franchise to furnish sufficient electric current for the use of said Town and the inhabitants thereof, for the uses and purposes set out in Section Three of this Ordinance, during the twenty-four hours of each day; and any failure upon the part of the said Chas.E.Sullenger, his heirs or assigns, for a period of ninety (90) consecutive days to so furnish electric current shall be sufficient cause for the Town Council of the Town of West Menphis,Arkansas, to declare this Franchise null and void and at an end, unavoidable accidents or delays consistent with ordinary pre- caution, only excepted. SECTION VI: That when any person, firm or corporation residing within the corporate limits of said Town shall equip at his or their, own cost and expense, any building or other place with all necessary approved standard wiring and fixtures, and shall request the grantee to furnish electric current, the grantee shall, without unnecessary delay, connect the building or other place of such person, firm or corporation, to its trans- mission lines, and shall furnish, install and maintain, at his own cost and expense, upon the property of such person, firm or corporation, a standard approved electric current meter. SECTION VII: Before making a connection, the grantee may require each consumer to deposit the sum of Five (35.00) Dollars with him, or, at his option, an amount sufficient to cover monthly bill for current used by the consumer, which sum shall be retained by the grantee as lon` as the applicant is furnished electric current; pro- vided, however, that the grantee shall ,:ay interest on said deposit at six per cent per annum, said interest being payable on the first day of January of each year. SECTION VIII: That the s aid Chas.E.Sullenger, his heirs or assigns, shall, when re- quested in writing by the Mayor and Town Council of 'the Town of l''iest Memphis, Arkansas, at 9 his, or their , own cost and expense, erect, equip and maintain in said Town at such place or places as the said Mayor and Council may .designate, street and alley li`hts of size designated by than, furnishing current and providing all-night service; provided, however, that the place or places designated for the placing of such street and alley lights shall be such as to justify the said Chas. E.S1llenger, his heirs or assigns, extending his lines thereto, and for each street and alley light which may be erected and operated under the provisions of this Section, the Town of West Memphis, Arkansas, agrees and binds itself by this igrant to pay to said Chas. E.Sullesiger, his heirs or assigns, at the rate of( 2.00) Dollars per one hundred watts per month, payment to be made monthly. SECTION IX: That the said Chas.E.Suilenger , his heirs or assigns, may charge for electric current supplied under the provisions of this franchise to consumers in the Town. of West Memphis, Ar..ansas, such rates as he, or they, may deem just and reason- r-i 1:"J able; provided, that such charge shall never exceed the rates provided and set out in the following schedule: F'f.F,CTRIC RATES-RESIDENTIAL. Monthly Flat Rate: First four rooms or less- 01.00; Rooms in excess of four-10V each, and I'1onthly Meter Rate: 70 per KWH for first 6 KWH per room; 5y per KWH for all additional energy used during the month. FTRCTRICA RATES- CO:;MFRCIAL. Monthly Flat Rate: For up to 500 watts of contract load, the sum of 01.25; For contract load in excess of 500 watts, 10VG for each 100 watts of said excess, and, Monthly Meter Rate: 70 per KWH for up to the first 50 KWH per 500 watt unit for maximum demand; 6 ' per KWH for next 500 KWH; 40 per KWH for next 500 KWH; ail per KWH for all energy used in excess of the above amounts during the month. COMBINATION RESIDENTIAL RATES: Monthly Flat Rate: First four rooms or less-N2.50; For rooms in excess of four-10V each, and Monthly Energy Rate: 7¢ per KWH for first 6 KWH per room; 22- ' per KWH for next 100 KWH; 2¢ per KWW for all energy used in excess of above amounts during the month; provided, that no provision in this franchise contained shall prohibit or limit the said Chas.E.Sullenger, his heirs or assigns, making special lighting rates to Churches, schools, hospitals and municipal buildings. The words "month" and"monthly" as used herein are construed to mean the period ` between regular reading dates of meters hereunder, which period shall be as near thirty days as reasonably possible. SECTION X:In consideration of the granting of this franchise, the Town of West n Memphis,Arkansas, reserves an option to purchase and take over said electrical trans- I 4 mission system at any time during the thirty (30) year period, upon the payment to said Li grantee, his heirs or assigns, the fair valuation of said electrical transmission system, based upon the cost of replacement only, and disregarding any value to be attached to said franchise. The said fair valuation to be determined by three competent engineers, one engineer to be selected by the governing officers of the Town of West Memphis, Ark. , one by the grantee and the third to be selected by the two engineers appointed by the governing officers of the Town of West Memphis and the grantee, his heirs or assigns. SECTION XI: It is further ordained that if any portion of this Ordinance is held to be invalid for any reason, the invalidity of such portion shall in no manner affect the validity of the remainder of this Ordinance. SECTION XII: That all Ordinances and parts of Ordinances in an; manner conflict- ing with this Ordinance are hereby repealed, and this Ordinance shall take effect and be in full force from and after its passage by the said Town Council of the Incorpora.-ed Town of West Memphis, Arkansas, and its approval by the Mayor thereof, and its acceptance in writing as herein provided for by the said Chas .E.Sullenger, his heirs or assigns. MRDAINED by the Town Council of the Incorporated Town of West Memphis, Crittenden County, State of Arkansas, this 14th day of May 1930. M.B.Currie Mayor. (Seal) _ G.W.McAuleyl Torn Clerk & Recorder Approved this 14th day of May, 1930. M.B.Currie, (Seal) Mayor. Attest: G.W.McAuley Town Clerk & Recorder. This Franchise accepted this 14th day of May 1930. Chas. E.Sullenger. w` Mr. W1n.H.Hundhausen int:Laduced an Ordinance granting to Chas.E.Sullenger, and unto his heirs and assigns, a franchise to supply water to the Incorporated Town of West Memphis,Crit tenden County, Arkansas, and the inhabitants thereof, within the limits of said Town as said limits may now be established or shall hereafter be legally established for a period of thirty (30) years from and after the passage of said Ordinance and its approval by the Mayor of said Town. Whereupon, the Mayor ordered the Town Clerk and Recorder to read the Ordinance introduced by Alderman Hundhausen, and after the first 1 reading of same by the Clerk and Recorder, Alderman J.C.Johnson moved that the Ordinance be placed upon its second and third reading and final passage. This motion duly seconded by Alderman J.P.Treece, and the Mayor put the motion, and upon a roll call by the Clerk and Recorder upon said motion, the following Aldermen voted "Aye" M.B,Currie, Mayor, J.C.Johnson, J.P.Treece, and G.W.McAuley; and the following C9 Aldermen voted "Non: Wm.H.Hundhausen end Noah Phillips . °• The motion having 'carried, the Mayor ordered the second and third reading of the ordinance by the Clerk and Recorder, after which the Mayor put the question of the final passage of said Ordine ce before the Council, and ordered the Clerk and Recorder to call the roll thereon. The Clerk and Recorder called the roll upon the final passage of said Ordinance and the following Aldermen voted "Aye": M.B.Currie, Mayor , J.C.Johnson, J.P.Treece, G.W.McAuley,Recorder, Alterman voted "No": Wm.H.Hundhausen, Noah Phillips , the Mayor voting Yes, the Clerk and Recorder voting Yes. , The Clerk and Recorder tabulated the vote and announced the result as follows: II Ayes 4 Nays 2 and it being ascertained that said Ordinance received a majority of the votes of the Council on its submission for final passage, the Mayor declared said Ordinance duly passed and thereupon approved same, which approval was attested by the Town Clerk and4, Recorder, and the Mayor ordered the Ordinance spread upon pon the Book of Ordinances of the ['Incorporated Town of West Memphis numbered 7. Said ordinance reads as follows: ORDEIANCE NO. 9 CAPTION AN ORDINANCE GRANTING TO CHAS. E. SULIENGER, AND HIS HEIRS AND ASSIGNS, THE EXCLUSIVE RIGEL' TO ACQUIRE, ERECT, MAINTAIN ALD OYatATE A COMPLETE WATER WORKS SYSTIN FOR THE CONVEYANCE OF WATER, FOR PUBLIC AND PRIVATE USE, IN THE TOWN OF WEST M MPHIS, ARKANSAS, AND GRANTING TO CHAS. E. SULLFNGER,AND HIS HE ES AND ASSIGNS, TEE EXCLUSIVE RIGHT TO USE THE STREETS, ALIEYS,AVENUES AND PUBLIC GROUNDS OF SAID TOWN FOR SUCH PURPOSES; AND FOR OTHER PURPOSES:- Be it ordained by the Towa Council of the Incorporated Town of West Memphis, Crittenden County,State of Arkansas:- SECTION I: That Chos.E.Sullenger, end his heirs and assigns, here inbefore referred • to as grantee, be and he is hereby authorized and ampowered to acquire, erect, main- tain and operate a complete sys ten of water works for the production, conveyance and sale of water, for public and private use, :in the Incorporated Town of West Memphis, Arkansas, for the period of Thirty (30) years from the passage of this Ordinance,accord- ing to the following terms and coedit ions: The said grantee is hereby exclusively authorized and empowered for a period of thirty (30) years from and after the passage of this Ordinance to enter upon and F j to make excavations in the streets, side walks , avenues, alleys , highways and public grounds,end under the bridges and viaducts of said Incorporated Town, for the purposes of laying, constructing and maintaining water mains and water pipes, with all the necess- ary and proper attachments, connections and appurtenances for the transportation, supply 4 and distribution of water in and throueji said Incorporated Town, with the rights at all times hereafter during said period to make excavations for the purpose of relaying, repairing, replacing and r enov ing the said water mains and water service pipes, or any portion thereof, or make connections for the consumers with such mains and pipes; provided, however, that after said mains and water pipes are laid , repaired or removed, all exce- vations shall be refilled and tamped, all side walks and pavements shall be replaced and relaid as found when said excavations were begun. Should said grantee fail or refuse to replace said pavements, side walks and excavations within a reasonable time, then the same may be replaced by the Town, at the expense of the grantee. In the erection, construction,repairing, maintaining and opera',;ing of stid water system,ns€.id grantee shall use every reasonable and proper precaution to avoid damages 4 or injury to person or property, and shall hold and sate harmless the said Incorporated Town from damage caused by the negligence of' said grantee, his agents, servants or em- u' ployees, in constructing, repairing and operating said system. cjI In consideration of the grating of this franchise, the Town of West Memphis, Arkansas reserves an option to purchase and take over said water system at any time during the thirty year period, upon the payment to said grantee, his successors and assigns, the fair valuation of said water system based upon the cost of replacement only, and dis- regarding any value to be attached to said franchise. The said fair valuation to be determined by three competent engineers, one engineer to be selected by the governing officers of the Town of West Memphis, Arkansas, one by the grantee, and the third to be selected by the two engineers appointed by the governing officers of the Town of West Memphis and the grantee, his heirs or assigns. SECTIONII:Said grantee, his heirs or assigns, shall not be required to pay the Town of West Memphis, Arkansas any municipal tax. Cin . SECTION III: The specifications for the installation of the water system shall be as follows: (A) Put in an artesian well of sufficient size to supply the demands of the Town. (B) Erect a one hundred thousand gallon stand tower on one hundred foot standards. (C) Build a concrete reservoir of sufficient capacity to at all times insure an adequate supply of water. tl r'^ (D) Lay and place 6750 feet of six-inch standard mains; 400 feet of four-inch i standard mains; 6500 feet of two-inch standard mains; all the above pipe to be laidIA and placed on such streets as the Mayor and Town Council of West Memphis may designate; . / and thereafter, said grantee shall extend his mains for the purpose of supplying new customers when the annual gross income of said extension will amount to fifteen per cent of the investment necessary to make said extension. sldi rfl SECTION IV:The consumer shall, at his own cost End expense, make all connections ,v to the mains of the grantee. The grantee shall furnish a meter of standard type and x' connect same with the pipes of the consumer without charge. SECTION V:The grantee shall have the right to discontinue from its mains any .fix consumer of water who has not conformed with the rules of the grantee covering the consumption of water as approved by the Town Council, or who is in arrears teh days 7il a , for water furnished during the previous calendar month. s, i SECTION VI: The grantee shall have the right, subject to the approval of the Town Council, to make such rules, regulations and requirements, relative to the manner in which connections with its mains and lateral lines may be made by consumers, and relative to the kind of equipment and material used in said connections and maintenance thereof by the consumer, as may be reasonable, which rules, regulations and requirements, when approved by the Town Council, shall be in force between the grantee and the consumer. V N SECTION VII: Before making connection, the grantee may require each consumer to deposit with him a sum equal in amount to cover consumption of water by the consumer during any one month, which sum shall be retained by the grantee as long as applicant is furnished water; provided, however, that the grantee shall pay interest on said deposit at six per cent per annum, said interest being payable on the first day of January of each year. SECTION VIII: Within 5 days of the passage and approval of this Ordinance, the grantee shall file with the Town Clerk and Recorder of the Town of West Memphis, Arkansas a bond in the penal sum. of Five Thousand ($5,000.00) Dollars, executed by him, as prin- cipal, and some reputable surety company, as surety, payable to the Town of West Memphis, Arkansas, guaranteeing that the said grantee shall begin the actual construction of his water distributing system in said Town within 5 days of the date upon which this Ordi- nance is ratified by referendum election, if referendum petition referring it to such an election be filed, or within 5 days of the date from the date allowed for the filing of a petition referring this Ordinance to referendum vote has expired if no referendum petition is filed; and guaranteeing further that the said grantee shall complete said water distributing system and be ready and able to furnish an adequate supply of pure water, to be approved by the State Board of Health, within 180. days of the date upon which he shall be obligated to begin the actual construction of said water distributing system, according to the provisions of Section Eight. }} SECTION IX: It is further ordained that if any portion of this Ordinance is held to be invalid for any reason, the invalidity of such portion shall in no manner affect the validity of the remainder of this Ordinance. . SECTION X: It is hereby declared to be unlawful for any person, firm, corporation, or association, to tap, break, injure or molest any water pipes, mains, meters or any other appliances or connection belonging to the grantee herein, or for any person or corporation to interfere with the operation of said water system; and any person, firm, corporation, or association, ford guilty of violating any of the provisions of this 4 Section shall be deemed guilty of a misdemeanor, and shall be fined in any sum not less than Five ( 5.00) Dollars or more than Twenty ($20.00) Dollars, and each day the violation shall continue shall be deemed a. spperate offense. SECTION XI: This franchise may be accepted by the grantee by written notice of its acceptance being delivered to the Clerk and Recorder of the Town of West Memphis, 4 Arkansas, which acceptance shall be delivered within 5 days of the date of the passage of this Ordinance. P` SECTION XII: The grantee hereby agrees to furnish at all times a sufficient supp?y of water for the consumers of the Town of Vest Memphis,.rkansas, and further agrees that 11 the domestic consumers shall have preference over industrial consumers in case of short- age of water. It is further agreed on the part of the grantee that in case he fails, neglects or refuses to furnish water in sufficient quantity to meet the needs of all domestic consumers for a period of six months continuously after the completion of the above systesu, this franchise shall by that fact become null and void. SECTION XIII: It being contemplated that the grantee shell furnish water to con- 'orm with the provisions of this franchise hereby granted to him, end a hearing as to the rate which shall be charged by him for said services having been had, end the grantee having waived any right to notice of the fixing of said rate, the following rates to be charged by the grantee for water services are hereby determined and fixed: f: I� The minimum will be based on size of opening: 5/8" meter, $2.00; 3/4" meter, ;3,00; l" meter, $5.00; The rates shall be as follows: 2500 gallons or less, '2.00 1 t 7500 gallons st 50�1 Der thous�:nd; ,e1:� : f Next 10,000 gallons at 40V per thousand; Next 30,000 gallons at 304 per thousand; All over 50,000 gallons at 15V per thousand. (` The above rates are cumulative. SECTION XIV: That the said grantee, his heirs or assigns, shall, when requested by the Mayor and Town Council of the Town of ;Jest Memphis, Arkansas, at his own cost, and expense, erect, equip and maintain, in said Town, at such place or places as the said Mayor and Council may designate, fire hydrants; provided, that no extension of Y;. over three hundred feet shall be made for fire hydrants alone. The Town of Test Memphi*, Arkansas, agrees and binds itself by this grant to pay to said grantee, his successors ;k4 and assigns, a sum not to exceed . 3.25 per month for each fire hydrant so installed, -` payment to be made monthly. SECTION XV: This ordinance to take efect and be in force from and after its passage, and acceptance of said grantee, his heirs and assigns, upon the margin of the Ordinance or upon the record thereof in the Office of the Town Recorder. SECTION XVI: All Ordinances and parts of Ordinances in conflict herewith are 'y hereby repealed. PASSED THIS 14th day of May 1930. Approved: Iti1.B.Currie ATTEST: MAYOR G.iY. .:cAuley Town Clerk and Recorder. 'y•,.`q, `. A. C 0 P This Franchise Rccepted t :is the 14th Y. cj f ACCEPTANCE TO THE MAYOR AND TOWN COUNCIL OF r� This INCORPORATED TOO. OF ':VEST M.E:P}IS, CRITTENDEN COUNTY, ARKANSAS. : BE IT KTTOWN TO YOU, that by these presents, I accept all the terms and conditions imposed upon me by the provisions of a certain franchise granted to me by the Incor- porated Town of West Memphis, Crittenden County, Arkansas , as contained in Ordinance No. 8 of said Town, which was duly and legally passed by the Town Council thereof and approved by the Mayor of said Tom, on the 14th day of May, 1930 . Chas. E. Sullenger. This acceptance by Chas. E. Sullenger of all the terms and conditions imposed upon him by the provisions of a certain franchise to him granted by the Town of Vest Memphis , as contained in Ordinance No. 8 of said Town , received and filed with the Clerk and Recorder of said Town of T',est Memphis, this 14th day of May, 1930. Mayor of the Incorporated Town of West Memphis , Crittenden County, Arkansas. ATTEST: G. 7 . McAuley Town Clerk and Recorder of the Incorporated Town of .`est I.:enphis, Crittenden County, Arkansas. 1 TO THE MAYOR AND TOWN COUNCIL OF THE INCORPORATED TOVN OF ZEST lahlPHIS, CRITTENDa3 COUNTY, ARKANSAS. BE IT KNOWN TO YOU, that by these presents, I accept all the terms and con- ditions imposed upon me by the provisions of a certain franchise granted to me by the Incorporated Town of West Memphis, Crittenden County, Arkansas , as contained in Ordinance No. 9 of said Town, which was duly and legally passed by the Town Council thereof and approved by the Mayor of said Town, on the 14th day of May 1930 . Chas. E. Sullenger. This acceptance by Chas. E. Sullenger of all the terms and conditions imposed upon him by the provisions of a certain franchise to him granted by the Town of West Memphis, as contained in Ordinance No. 9 of said Tom, received and filed with the Clerk and Recorder of said Town of West Memphis, this 14th day of May, 1930. M. B. Currie, K Mayor of the Incorporated Tom of West Memphis Crittenden County, Arkansas. ATTEST: G. W. McAuley Town Clerk and Recorder of the Incorporated Town of 'best Memphis, Crittenden County, Arkansas. J ; e THIS AGREEMENT made and entered into on this the 14th day of May, 1930 , by and between Chas. E. Sullenger , of Osceola, Arkansas , the grantee named in Ordinance ho. 9, granting to the said Chas. E. Sullenger the right to acquire, erect, maintain and operate a complete system of water works in the Town of ;pest l'emphis, Arkansas , and the regularly constituted officers of the Incorporated Town of West r."emphis, Arkansas, WITNESSETH: THAT for and in cons id erati on of the granting of said franchise to the said Chas. E. Sullenger, the said Chas. E. Sullenger , on his part, agrees and binds himself to maintain at his awn cost and expense, and to furnish water supply sufficient to operate the present fire hydrants now located and situate in the Incorporated Town4. of West r:".emphis , Arkansas , not to exceed fifteen (15) in number fbr a period of 10 years 1_4 from this date, or until such time es the said Town may grow in number of inhabitants in so as to entitle it to be incorporated as a city of the second class. C GIVEN under my hand and seal, this 14th day of May, 1930 . k Chas. E. Sullenger . /7"--- BOND WHEIEh , on the 14th day of May, 193D , the Town Council of the Town of West 1 Menphis, Arkansas, by an Ordinance finally passed aid approved, granted to Chas. E. E. f Sullenger, of Osceola, Arkansas , his heirs and assigns , the exclusive right to acquire, erect, maintain and operate a system for the distribution of electric current in the said Town of "'est ::emphis, Ark ens as, and manufacture , sell and supply to the said Town 3 and its inhabitants electric current , and the said Ordinance required the said Chas. E. Sullenger to give bond fbr the sum of Five Thousand ($5,000.00) Dollars:- NCV , THEREFORE, we, Chas. E. Sullenger, of Osceola, Arkansas, as Principal , 41, and United States Fidelity and Guaranty Company, as Surety, are held and firmly bound 1 unto the Town Of Vest b:anphis , Arkansas , in the sum of rive Thousand (y$5,000.00) Dollars, upon co nd ti on that if said Chas. E. Sullenger , his heirs or assigns, shall within six .;r months well and faithfully perfbrrn the terms and conditions imposed upon him in the 4,1 ii'.1 manner provided by said Ordinance as to the acquiring, erection and putting in operation a1 jt of an electric transmission system, than this obligation shall be void; otherwise to •.> ) L-- remain in full fo rce. PI-OVID , H0"EV`LR,that in the event said Ordinance be referred to a referendum i vote of the legal voters of said Town, es provided by law, then this obligation shall be suspended for such time as the law prescribes for the filing and final vote by refer- y. endum upon said Ordinance; and further pr ovided that in the event said Ordinance be Y rejected by the legal voters of said Town , than this obligation shall be void. , ., Lib A certified copy of said Ordinance is attached hereto, made a part hereof. IN WITNESS WI- OF, we, the said Chas. E. Sullenger , and United States Fidelity and Guaranty, have hereunto set our hands and seals , this 14th day of May, 1930. Chas. E. Sullenger PRINCIPAL UNITED STATES FIDELITY AND GUARANTY COMPANY (SURETY) By: A. W. Bowen Attorney-in Fact. BOND HESEAS, on the 14th day of May, 1930, the Town Council of the Tom of '.Jest Memphis , Arkansas, by an Ordinance finally passed and approved, granted to Chas. E. Sullenger, of Osceola, Arkansas , his heirs and assigns, the exclusive right to acquire, erect, main- tain and operate a system for the conveyance of water in said Town of ,West Memphis , and produce, convey, sell and supply to the said Town and its inhabitants water, and the said Ordinance required the said. Chas. E. Sullenger to 4ve bond for the sum of Five Thousand and ( 5,000.00) Dollars;- NOW, THEREFORE, we , Chas. E. Sullenger, of Osceola, Arkansas , as Principal, and United States Fidelity and Guaranty Company, as Surety, are held and firmly bound unto the Town of Jest Memphis , Arkansas, in the sum of Five Thousand (45,000.00) Dollars, upon condition that if said Chas. E. Sullenger, his heirs or assigns, shall within six months .iell and faithfully perform the terms and conditions imposed upon him in the manner provided by said Ordinance as to the acquiring, erecting and putting in operation of a water works system, then this obligation shall be void; otherwise, to remain in full force. PROVIDE, HOWEVER, that in the event said Ordinance be referred to a referendum vote of the legal voters of said Town, as provided by law, then this obligation shall be suspended for such time as the law prescribes for the filing and final vote by referendum upon said Ordinance; and further provided that in the event said. Ordinance be rejected by the legal voters of said Town, then this obligation shall be void. A certified copy of said Crdinance is attached hereto, made a part hereof. IN WITNESS ',VHER.EOF, we, the said. Chas. E. Sullenger, and United States Fidelity and Guaranty Company, have hereunto set our hands and seals, this 14th day of May, 1930. Chas. E. Sullenger, PRINCIPAL. UNITED STATES FIDELITY _PN10GU"Mklu'TTY Cr'r, 1:NY (SURETY) . By A. W. Bowen, Attorney-in-fact„ 3 . Tune 2, 1930. Quorum not present. July 1930. No meeting. Aug. 1930. " " The Town Council of the Incorporated Town of West Memphis, Arkansas mat in regular session in the Council Chamber at 8 P.M. on the 3rd day of September 1930. The meeting was called to order by the Mayor who asked the Recorder to call the roll. Upon roll call the following members answered presents M.B.Currie, Mayor, Clifford Davis , Wm.H.Hundhausen, J.C.Johnson, Noah Phillips, Aldermen and G.W.McAuley,Recorder. Mr. W.F.McConnell,Marshal was also present. A quorum being present and no unfinished business to come before the Council the Mayor anounced that new business was then iin order whereupon Mr. McConnell,the Marshal made his report covering period of June , July and August,1930 as follows: Amount collected from Auto License $275.00 L') Inspect ion tax — 345.00 620.00 Less amount retained for services as Marshal 3 Mo's. 150.00 Balance due Town of West Memphis 470.00 for which amount draft was delivered to the Treasurer. There being no farther budness to come before the Council adjournment was had subject to call by the Mayor. M.B.Currie, ATTEST: G.W.McAuley. MAYOR. Recorder. No Meeting held . . . October, November, December 1930. N3xt meeting held May 6, 1931. The Town Council of the Incorporated Town of 'lest Memphis met in regular session in the Council Chamber at 8 P.M. on the eth day of May 1931. The meeting was called to order by the Mayor who asked the Recorder to call the roll. Upon roll call the following members answered present: M.B.Currie, Mayor, Clifford Davis , Wm.H.Hundheusen, E.B.Crawford,Sidney Kelly, Aldermen and G.W.Mc Auley,Recorder. Mr. L.F.McConnell, Marshal was also present. All present except Alderman Donald Hall. Mr. M.M.Johnson and Atty.Hub Elair were also present; and took the oath of office before Esquire M.M.Johnson. A quorum being present and no unfinished business to come before the Council the Mayor announced +.17 t new business was than in order. The minutes of the preceed- ing meeting were readand''.approved. The Marshal next read his report covering period from September 1,1930 to May 1st 1931 as follows: Auto Tax collected $100.00 Inspection Tax 80.00 Fines 150.00 $330.00 Marshals salary from Sept.l,1931 to May 1,1931 . . . .$400.00 Amount collected . 330.00 Balance due Marshal to May 1,1931 $ 70.00 To the best of my knowledge and b&lief this statement is true and correct. This 1st day of May 1931. L.F.McConnell Marshal. JCS The next matter to come before the Council was the election of a treasurer,whereupon Alderman Davis placed in nomination Mr.E.B.Crawford which nomination was seconded by Alderman Kelly. There being no other nominations,roll was called»,eind Mr. Crawford was unanimously elected Treasurer. Alderman Davis placed in nomination Mr. L.F.McConnel for Town Marshal which nomi- nation was second by Alderman Kelly. Upon roll call Mr. McConnel was unanimously elec- ' ted Marshal for current fiscal year. Mayor Currie presented accounts of Democrat Printing & Lithographing Company and Account of S.C.Toof & Company was presented by Recorder McAuley for payment. These accounts were for Mayor's Docket and Minute Record respectively. Motion was made by Alderman Hundhausen and seconded by Alderman Crawford that these-accounts be paid which was unanimously agreed by all the Counciland the Recorder was inetructe to draw warrant on the Treasurer for these amounts. The amount of each is shown in ! the Treasurers records. There being no further business to come before the Council adjournment was had subject to call. M.B.Currie, Mayor Attest: • G.W.McAuley Recorder. The Town Council of the Incorporated Town of West Memphis, Arkansas met in regular session in the Council Chamber on the 4th•day of August' 1931 at 8 P.M. ( meeting d to having been changed back to 1st Tuesday night in each month,which was previouychanged to first Wednesday at request of Mr. J.C.Johrson at that time Alderman) . Mayor M.B.Currie called the meeting to order and asked the Recorder to call the roll whereupon the following members were present: M.B.Currie, Mayor, E.B.Cfawford, Wn.H.Hundhausen, Donald Hall,Sidney Kelly Aldermen and G.W.McAuley,Recorder. All members present except Councilman Clifford Davis. I A quorum being present the minutes of the last meeting,were•,read and approved end being advised by the Recorder that no unfinished business was ta, come before • the Council, the Mayor announced that new business was then in order. Mr. L.F.McConnel, Town Marshal read his report covering period from May 1st to August 1,1931 as follows: Auto License tags sold $210.00 Fines collected 100.00' Inspection Tax 135.00 Total collected . . . . . . $445.00 Less amt. due Marshal for services 220.00 Balance due Town of West Memphis $225.00 for which amouht check was delivered to the Treasurer. Councilman Hall moved that the Marshal's report be approved as read, which • motion was seconded by Councilman Crawford end unanimously adopted by all members of the council present. At the request of the Mayor ,Mr. Crawford,Treasurer read his report covering period from April 5, 1931 to August 4,1931 as follows: Tax Revenue $909.02 Kroger Grocery Co 15.00 Arkansas St.Highway Dept. 5.00 _N Received from Marshal 225.00 Total cash balance on hand 8/4/31 . $1154.02 • Several outstanding accounts of the Town were presented to the Council for examination and payment and after examination of all accounts and discussion of same by the council, Mr. Donald Hall made a motion that these accounts as well as all future accounts be, checked,compared,verified and sworn to by claimant in form of an affidavit attached to bill before paying any accounts. This motion was sec- onded by Mr. Wm.H.Hundhausen and unanimously adopted by the council. The Town Attorney was instructed to draw up the proper form of affidavit, have the same printed and deliver to the Recorder by Tuesday night August 11, 1931 at which time the council would meet back in special session for the purpose of further considering the payment of said accounts and any other matters that might come before the council. 3C Mr. E.B.Crawford,Councilman, stated that he had investigated the possibility of getting Insurance rates reduced within the Town of West Memphis by the organization of a Voluntary Fire Department and had been advised by the Arkansas Fire Prevention Bureau that a reduction of 8% on Frame Mercantile Buildings; 13% on Brick Mercantile Buildings and 20% on residences could be obtained if the Town Council would meet cer- tain requirements. Definite action was deferred on this matter until the same could be more thoroughly investigated and considered. Motion was m<-de and duly second that the Council recess until August 11, 1931 at 8 7.M. ORDINANCE NO. 10. AN ORD INANE LEVYING ADVALOPUMTAX FOR THE INFORPORATEJ 'T'O411 OF WEST MEMPHIS, ARKANSAS. SECTION. 1.= That there be and is hereby levied an advalorum tax for the year 1931, on all personal property and real property and mixed property of five mills upon each one dollar of the assessed valuetion of said property, as assessed by the assessor of Crittenden County, Arkansas for the year 1931. That said tax be collected by the collector of revenues of Crittenden County, along with the State,County and other revenues. SECTION 2. That the Mayor and Recorder certify this ordinance and transmit same to the Clerk of the County Court of Crittenden County, Arkansas . as by statute provided. SECTION 3. That all ordinances and parts of ordinances in conflict herewith are hereby repealed, and this ordinance shall be in force and effect M�`' from and after its passage. Approved this 1st day of July 1931. M.B.Currie,Mayor G.W.McAuley,Recorder. S•c'i r-- M.B.Currie , Mayor Attest: G.W.McAuley Recorder The Town Council of the Incorporated Town of West Memphis, Arkansas met in special session in the Council Chamber on the llth day of August 1932 at 8 P.M. Upon roll call the following members answered present : E.B.Currie Mayor, E.B.Crawford, Clifford Davis , Sidney Ke1ly,Council- men and G.V1.Mc uley,Recorder. • All members present except Councilmen Hall and Hundhausen. As this meeting was a continuation of the preceeding meeting,tt was decided to not read and approve the minutes until the next regular meeting. The various bills which were considered for payment at the preceeding meeting were passed on and ordered paid ,after the same had been sworn to by affi- davity by the claimant. Bills together with warrants in payment of same were turned over to the Treasurer for payment. The matter of building a privy for the negroes in the business section of town was next considered and a committee composed of EgB.Crawford, Wm.H.Hundhausen t ., and Donald Hall was appointed to investigate the cost of same,locetion,etc. , There being no further business to come before the council adtiournment was hand subject to call. M.B.Currie , Attest: Mayor G.W.McAuley ~, Recorder. f 4. • „ . • . . , . . . . . , . . • ,. .......... ,.. .:.,,,,e , . . ,,,,- .. , . . . , ,, . , • . , . . • wse ... , �k' -;‘,..::: ,..,,,,,,...- . . : . ... .. , , ,, . ,,,, ..,. , , . . .. ,, ,„,,,,,.,,,_ . . , .. , ., . . , , i . . . _ . ,. , Fi , :F"Ll t 1'+ Ls 2y , Ey J .1 Ufa`✓✓ i ., - . - • .... •••• / ,1_4? / . • • •• • .• •‹. •!,;,$ • • • 'Fr?) • MINUTES' OF TOWN COUNCIL VEST MEMPHIS ARKANSAS. Pursuant to a call by the Mayor, notice of which having been given to the members of the City Coucil prior to said meeting, as the law directs, Town Council of the Incorporated Town of .rest Memphis , 'irk. met in the Directors room of the Bank of nest Memphis building at 8 P. M. on April 14th, 1932. Upon calling the roll, the following were present : H. Hundhausen, - Mayor , Noah Phillips, E. E. Jacks, . G. Parker and F. Tremmel' , Aldermen, and J. 0. Spotts, Recorder. Alderman L. E. Harris was not • present at said meeting . Notice having been served on April 8th upon the City Recorder by the County Eleotion Commissioners , that the above gentelemen were the electors to their respective offices accodine to the ballotts cast in an election held in the City of Test Memphis , Ark. on April 5th, 1932 , it was then proper, and according to law for each member of the Council to take the oath of office , which was administered to each member by J. 0. Spotts, Notary Public . Mr. S. V. Neeley , Attorney and Mayor of Marion, Arkansas , was cal- led in by Mayor Hundhausen to meet with the Council to render such ad- vise as might be needed in this the first meeting of the newly elected Council . Alderman Noah Phillips then made a motion to elect J. 0. Spotts, City Treasurer, upon which said motion was duly seconded by W. G. Parker. There being no other nominations , the vote was taken by roll call , and J. 0. Spotts was declared unanimously elected City Treasurer for a term of one year. The Council then went into a general discussion of matters of in- terest tothe town, in which Mayor Hundhausen presented an orgainzed program of his plans relative to the City Government . The matter of Fire insurance was then taken up by Mayor Hundhausen and Mr. Dolph Smith Jr. , Special Agent for the United Insurance Agency was called in to Council to remder information and advise relative to securing reduced insurance rates for .lest Memphis, and the necessary steps to be taken in securing the reduction. Mayor Hundhausen the appointed Noah Phillips and J. U. Spotts to act with himself as a committee to confer with an agent from the State. Fire Prevention Bureau relative to fire insurance rates. In the matter of City Marshall, motion was made by Noah Phillips that the said office be abolished, whereupon said motion was duly seconded by E. E. Jacks. The vote being unanimous, the Mayor then declared the office of City Marhhall abolished. In the matter of a City Hall, motion was made by G.,Parker to discontinue the use of offices in the Bragg Building v..hich were for- merly used as a City Hall , for these purposes. Said motion was duly seconded by E. E. Jacks , and upon an unanimous vote , the City Rec- order was instructed to notify Mr. Z. T. Bragg, owner of the above property that same would not be used as a City Hall for the ensuing year. There being no further business to come before the council , same was adjourned subject to call by the Mayor W. H. Hundhausen , ATTEST : Mayor . J. 0. Spotts, REC ORDER. 4` MINUTES OF CITY COUNCIL WEST MPMPHIS ARKANSAS. On this the 28th day of April , 1932 the City Council of the in- corporated Town of ,est Memphis , Ark. met pursuant to call by the Mayor, notice having been given to the Members of the Council prior to said meeting, as the law directs, said meeting held at 8 o 'clock P. Y. in the Directors room of the Bank of est Memphis building. There was present at said meeting, ty. H. Hunahausen, Mayor, E. E. Jacks, Noah Phillips, F. Tremmell and 'Y`, . G. Parker and J. 0. Spotts, Recorder. Alderman L. E. Harris being Absent . Mayor Hundhausen then informed the Council that upon calling at the former City Hall for the furniture which belonged to the city , he was informed by Mr. G. T. Bragg that there was due him the sum of One Hun- dred Fifty Dollars for back rent upon said City Hall and refused pos- session of said furniture to Mr. Hundhausen. Motton was then made to postpone discussion of this matter until some future date . ,-� motion was then made by Noah Phillips to build two sheet metal houses on conveniently located sites for use in storing the City Fire hose and L equipment and supplies . .,hereupon motion was duly seconded by Alderman G� l'arker, and Mr. Parker also agreed to superintend the construction of said buildings . Motion was made by v. G. Parker to start work upon the city streets , alleys and ditches , and to secure Mr. G. M. Guynes to superintend said work and to collect the sity street tax , under ordinance No. 1 of the Ordinances of the City of eat Memphis . The said motion being duly sec- onded by B. Jacks, same was unanimously adopted. t3 Motion was made by r. G. Parker to authorize the City Recorder to have printed 500 letterheads and 500 envelopes for City use , also blank xi r' form notices for use in street work warnings. Upon second of said motion same was duly adopted. There being no further business to come before the Council , same was adjourned subject to call of the Mayor. If. H. HUI DHAUSEN 114 Mayor, ATTEST: J. O. Spotts, Recorder. _ Pursuant to call of the Mayor, notice of which having been given toof the members of the City Council prior to said meeting, as the law di- rects , the Council of the City of est Memphis met °in the Directors Room of the Bank of `crest Memphis at 8 P. M. on May 18th, 1932. There was present at said meeting, H. Hundhausen, Mayor, E. E. Jacks , s,,. H. Parker, Noah Phillips and F. Tremmell, Aldermen and J. 0. Spotts, Recorder. Alerman L. 2. Harris being absent . Mr. S. V. Neeley, Mayor of Marion , Ark. was also present , having v4 been invited by Mayor Hundhausen to render such advise as might be needed on matters to be taken up by the Council . The Council was advised to give I.r. R. G. Hobbs and Mr. M. L. ;s Thompson, upon whose lots the fire hose houses had been erected, a letter or letters , stating that the said houses were property of the city and would be moved from said property immediately upon notice from either of the above named gentelemen that said property must be vacated . /i At An ordinanced creating the West Memphis Volunteer Fire Department and for other purposes, was intrnduced by V!. G. Parker and read the first time . Upon a motion by P. V . Tremmell the rules were suspended by unanimous vote and the ordinance read the second time . Uoon a mo- tion by Mr. Tremmell, the rules were suspended by -unanimous vote and: the ordinance was read the third time and placed on final passage . Roll being called, the following members voted in the affirmative : E. E. Jacks, Noah Phillips , t,. G. Parker and F. W. Tremmell , whereupon the Mayor declared the said ordinance duly passed and the Recorder was di- reced to spread same upon the Ordinance Record and to number same as Ordinance No.11 of the Ordinances of the City of ' rest Memphis, and to have same published as required by law. An ordinance ehtitled "AN ORDINANCE PRMVIDING FOR FIR✓ LIMITS AND THE CONSTRUCTION OF BUILDINGS" was then introduced by E. E. Jacks and read the f.i.r •t time . Upon a motion by G. Parker the rules were sus- pended. by unanimoasrvote and the ' ordhnance was read the second time . Upon a motion by Mr. Parker the rules were suspended by unanimous vote and the ordinance was read the third time and plated on final passage . Roll being called , the following voted in the affirmative : W. G. Parker, E. E. Jacks, Noah Phillips and F. Tremmell, whereupon the Mayor de- clared the said ordinance duly passed and the Recorder was directed to spread same upon the Ordinance Record and to number same as Ordinance No. 12 of the Ordinances of the City of 'iest Memphis, and to have same published as required by law. An Ordinance entitled "AN ORDINANCE REGULATING THE BURNING OF REFUSE" was then introduced by Noah Phillips and read the first time. Upon motion by E. E. Jacks the rules were suspended by unanimous vote and the ordinance read the second time. Upon motion by Mr. Jacks the • rules were suspended by unanimous vote and the ordinance read the third ' time and placed on final passage . Roll being called, the following voted in the affirmative : E. E. Jacks, Noah Phillips, . G. Parker and 2. Tremmell, whereupon the Mayor declared the ordinance duly passed and the Recorder was then directed to spread same upon the Ordinance Record and to Number same as Ordinance No.13 of the Ordinances of the City of West Memphis , and to have same published as required by law. A motion was made by G. Parker and seconded by Noah Phillips that Mr. Joe Somerville be and is hereby appointed to serve in the capacity of Fire Chief as prescribed in Ordinance No.11 , for a period of one year. Said motion was unanimously adopted. Lr. V. Neeley was then directed by Mayor Hundhausen to prepare an ordinance regulating the building line along State Highway No. 70 in ;the City of 'lest 'Memphis , and to present same at the next meeting of "the City Council , for their consideration. Motion was then made to adjourn until 8 P. M. Monday ;ay 25 d 1932 in the Directors room of the Bank of est Memphis , whereupon motion was duly seconded and meeting declared ddjourned. H. Hundhausen, Mayor, ATTEST: J. 0. Spotts, Recorder. • 45 MINUTED OF CITY COUNCILL CITY OF WEST MEMPHIS ARK Pursuant to call of the Mayor, the town council of the in- corpotated town of . est Memphis Arkansas met in the Directors room of the Bank of West Memphis, Ark. at 8;00 P. M. on May 23rd, 1932, notice of which having been given to the members of the City Council prior to said meeting as the law directs . Upon roll call, the following members of the council were present: W. G. Parker, E. E. Jacks , F. W. Tremmell, L. E. Harris and Noah Phillips , Alderman, W. H. tundhausen, Mayor and J. 0. Spotts, ---- Recorder. Sheriff J. H. Curlin and Mayor S. V. Neeley of Marion were also present . Motion was made by Noah Phillips that the minutes of the meeting of the city c ouiic it on May 18th be corrected to read and record the votes of ,v. H. Hundhausen, Mayor, and J. 0. Spctts, Recorder, who also voted in the affirmative on the ordinances introduced at said meeting, and with this said correction being made , that said minutes be approved, which motion was duly seconded by w. G. Parker, and unanimously adopted. An Ordianance entitled "AN ORDI1ANCZ TO PROVIDE FOR LABOR ON THE STREETS AND ALLEYS OF THE INCORPORATED TOWN OF WEST IJ,.e MPHI S ARK. " was then introduced by Alderman Noah Phillips, and read the first time . �. Upon Motion by 2. ;,. Tremmell, the rules were suspended by unanimous in vote and the ordinance read the second time . Upon motion by P. W. Tremmell, the rules were suspended by unanimous vote and the ordinance ..� read the third time and placed on final passage . Roll being called the following voted in the affirmative ; W. G. Parker, Noah Phillips , E. E. Jacks, L. E. Harris , F. :';. Tremmell , "I . H. Hundhausen and J 0 Spotts , whereupon the mayor declared the ordinance duly passed , and the re- corder was then directed to spread same upon the ordinance re rd aid. to number same as Ordinance No. 15 of' the ordinances of the C� of West Memphis, Arkansas and to have same published according to law. An ordinance entitled "AN ORDINANCE PROVIDING FOR THE CLEANLINESS OF STREETS , ALLEYS AND PREMISES OF THE INCORPORATED TOV,N OF V ST I. M- 9,, PHIS; ARKANSAS" was the introduced by W. G. Parker and read the first time . Upon motion by L. E. Harris, the rules were suspended by iuriy• animous vote and the06rdinance read the second time. Upon motion by . 1.. E. Harris the rules were suspended by unanimous vote and the or- dinance read the third time and pleated on final passae. Roll being called, the following voted in the affirmative ; W. G. rarker, Noah Phillips, F. W. Tremmell , L. E. Harris , E. E. Jacks , H. Hundhausen and J. 0. Spotts , whereupon the hayor declared the ordinance duly passed and the recorder was then directed to spread same upon the ordinance record of the Ordinances of the City of -est memphis , Ark. and to have same published as required by law-,"'and to number same as Ordinance No.14 . The matter of a City Marshall was then brought before the Council. Sheriff Curlin proposed to the Council that in view of the fact that .,, the City could not mantain and pay salary of an officer of this kind, that should the Council desire to appoint such an officer, that the Sheriff 's Office would issue a Commission ad Deputy Sheriff to the same appointed officer, such officer then to perform jointly the duties of the Marshall of the City of' nest l.memphis , and as Deputy Sheriff under Sheriff Carlin , and in turn salary of such officer be paid 50% by the Sheriff 's office and 005 by the City of \"est Memphis. A resolution was then introduced by Noah Phillips and seconded by W. G. Parker that Lir. C. C . Culp of hest Memphis be and is hereby .( appointed as City Marshall of the Incorporated town of .,est Memphis IArkansas. Upon vote of the Council , said motion was unanimously r" ''adopted. The Council then ordered the Recorder to issue and pay City riarrants as follows : :',arrant No.18 to Orgill Bros. & Co. $47.71It " " 19 " John Scbbee . . . . 2.00 " " 20 " J. E. Head . . . . 15.00 " " 21 " G. M. Guynes , , , 2.86 .. " " 22 " V . H. Hundhausen . 1.50 ' Motion was then made by W. G. Parker to adjourt until Mofld$y e; night May 30th, which motion was duly seconded and meeting dedlared adjourned. 6. H. Hu.ndhaueen J. 0. Spotts, Mayor. Recorder. MINUTED OF CITY COUNCIL CITY OF WEST MEL HIS ARK. Pursuant to call of the Mayor , notice of which having been given to the members of the City Council prior to said meeting, as the law directs, the City Council of the incorporated t wn of V''est Memhpis met in the directors room of the Bank of iyest Memphis Ark. on May 30th 1932 at 8 ;00 P. M. Upon roll call the following were present : ,:'. G. Parker, Noah Phillips, F. W. Tremmell, Alderman and H. Hundhausen, Mayor and J. 0. Spotts, Recorder. Aledrmen E. E. Jacks and E.E. Harris absent . The council agreed to suspend discussion of proposed motions and ordinances until such time as same could be prepared by a. V. Neeley, There being no further business to come before the meeting, same was j adjourned to meet on Monday night June 6th, 1932 . W. H. Hundhausen, Mayor. J. 0. Spotts, Recorder. Pursuant to call of the Mayor, the town council of the tn- corpotated town of Nest Memphis Arkansas met in the' directors room of the Bank of West Memphis at 8;00 P. M. on June 6th, 1932 , notice of which having given the members of the council prior to said meeting as the law directs. There was present at the said meeting; P. Tremmell, E. E. Jacks , Noah Phillips and t";` G Parker, Aldermen, Ti. H. Hundhausen, Mayor and J. 0. Spotts, Recorder. The Recorder was directed by the Council to issue and pay City Warrants as follows: Warrant No.23 to L. F. McConnell . . . $40.00 " " 24 to west Memphis Power Cc Light Company . . . 26.00 " 25 to Mrs. C . A. Davis. . . 5.00 " " 26 to W. G. Parker . . . . 8.25 " 27 to G. M. Guynes . . . 3.50 " " 28 to G. M. Guynes 73.50 , " " 29 to West Me mp hi s Me re C o 4. 30 " " 30 to Z T Bragg lumber Co 14.38 " " 31 to W . C . Ellis Son 23.00 There being no further business to come before the council , said meeting was duly adjourned, with no definite date of meeting being determinted, said Council being subject to meeting at call of the l,.ay o r. H. Hundhausen, Mayor J. O. Spotts . Recorder. n • 47 MINUTES OF Mwr,TING OF THE TOWN COUNCIL CITY OF VEST LEM.fhIS - SE PEMBER 16th, 1932. At a call meeting of the Ttwn Council of the Incorporated Town of ',West Memphis, held in the Bank of West Memphis on Sept- ember 16th, 1932 , all members of the town council having had due notice of the meeting as required by law, and the following members being present : W. H. Hundhausen, Mayor, J. C. Spots, recorder, Noah Phillips, W. G. Parker, E. E. Jacks , and F. W. Tremmell, aldermen, and L. E. Harris , alderman, being absent, when `the following proceedings were had to-wit : The minutes of the last meeting were read and approved, on motion of W. G. Parker the following bills were ordered paid: T. Bragg for paint O1.00 Johnson r4.uto Company for cinders 51)13.54 West Memphis Power & Water Company for water ,1;78.00. ---� The following resolution was introduced: e." "BE IT RESOLVED BY THE TUh COUNCIL OF THE INCORPORATED TO',ITh OF WEST L .Iv HIS: ,; r That , whereas, the Fire Chief has not time in which to act in issuing building permits therefore the Marshal of the Incorporated Town of West Memphis is hereby designated as the official to issue building permits under ordinance Number Twelve (12 ) ." The following ordinance was introduced and read the first time : "AN ORDINANCE ANNUT.T.TNG AND VOIDING AN ALLEGED EXCLUSIVE r- l� FRANCHISE FORMERLY ILTJ GATJ,Y GRANTED BY THIS COUNCIL AT AT ILLEGAL METING: WHEREAS, on the 14th day of Hay, 1930, the Town Council of the Incorporated Town of West Memphis, Arkansas, was unexpectedly called into a special meeting, at w.lich meeting all of the aldermen were not present and some of the absent aldermen did not have notice of said meeting; and WHEREAS, at said meeting the said council read and considered and passed an exdlusive franchise for the purpose of supplying electric energy to the inhabitants ri of the town of -,'lest Memphis , without giving the said fran- , chise proper consider~ation and without the public knowing anything about the transaction or the rights granted there- under; and WHEREAS, it is the sense and finding and belief of this council that the said franchise was passed irregular- ly without proper notice to the members of the council and ;• with sane of the councilmen being absent , and without due consideration as to its probable effects on the Town of Jest Memphis and its inhabitants ; and .--, WHEREAS, the said francai se was exclusive and pur- ported to barter away for a long period of time the fight and privilege of transacting a public utility business within said town and will therefore result in irreparable inJury to the Town of west Memphis in that it will prevent the said town and its in�abitants from securing the benefits of hydro-electric development 'and other power sources and deny to the said town and its inhabitants and manufacturing con- cerns the benefit of cheap power for industrial and manufac- 4 turfing purposes , thus handioaping the industrial development : and future growth of the town of Jest Memphis; and r •.Mr all REAS, the said town of West Memphis at the tiMe of the passage of the said franchise was being served by another company which had made a large investment in that territory for the purpose of serving the town of West Memphis and its light and power customers, and the grant- -� ing of the said exclusive franchise constituted a dis- crimination and an injustice against the said concern. NOW, THEREFOR, be it enacted by the Town Council of the Town of West Memphis: Section 1. That in fairness to both public util- ity ;companies operating in the town of West Memphis, and to -its inhabitants, that a purported franchise granted to Charles E. Sullinger at an improperly and irregularly held meeting of the Council on May 14th, 1930, be and the said franchise is hereby annulled, declared to be void, and held for naught. Section 2. That this Council proceed immediately to have introduced and then passed two identical granchises granting to West Memphis Power & Water Company and also to Arkansas Power & Light Company full right and ppportunity and privilege to supply electricity for both electric lighter and power purposes to the inhabitants and consumers of the °' town of West Memphis. Section 3. This Ordinance being necessary for the public peace , health and safety and for the preserva- tion of the best interests of the citizens and inhabitants of the Town of West Memphis , an emergency is hereby de- cired to exist and this Ordinance shall be in full force from and after its passage." Upon motion that the rules be suspended and the ordinance read yhe second time, the following voted in the affirmative: W. H. Hundhausen, J. 0. Spotts, Noah Phillips, W. G. Parker, E. E. Jacks, and F. W. Trammell, the ordinance was read the second time , and it was moved that the rules be suspended and the ordinance read the third time and placed on final passage , all the following voting in the affirmative : W. H. Hundhausen, J. 0. Spotts, Noah Phillips, W. G. Parker, E. E. Jacks, and F. W. Trammell. The ordinance was read the third time and the Liuestion being on the adoption of the ordinance, the roll was called and the following voting in the affirmative : J. 0. Spotts, Noah Phillips, W. G. Parker, E. E. Jacks, and F. W,.,4'Tremmell. W.H.. Hundhausen not voting. WHEREUPON, said ordinance was declared adopted and the re- corder was directed to spread the same upon the record of ordinances of said town, and to have the same published as required by law, and to number said ordinance Number Sixteen (16) . On motion the council adjourned until Tuesday, September 27th, 1932 at 8 o'clock P.M. W. F. Hundhausen, Mayor. J. O. Spotts, Recorder. MINUTES OF MEETING OF CITY COUNCIL CITY OF WEST MEL HIS A?KANSAS September 27th, 1932. . At a call meeting of the Town Council of the Incorporated Town of West Memphis Arkansas , held in the Bank of West Memphis of aeptember 27 , 1932 , all members of the Town Council having had due notice of the meeting as required by law and the follow- _ ing membe- s being present : ... H. Hundhausen , Mayou, J. 0 apotts, recorder , ,. G. Parker, Noah Phillips, E. E. Jacks , 2. ►a. Tremn:el , rr and L. E!°`Barris , aldermen , hen the follo, ing proceecings acre had to-:-:it : The minutes of the last meeting were read and approved, ;upon motion be G. Parker the City Treasurer Was ordered to pay the sum of 49 .00 to the 9 members of the volunteer fire department :,ho were in attendance at the fire h 'c . occured on iinth Street September 19 , 1932. The : following ordinance aas intro .aced and read the first time . AN ORDINANCE ENTITLED "AN ORDINANCE LANCE TO .k ROV I E 202 AN 2LECTRIC LIGHT AND POWER SYST:: xi AND SJPPLY FOi; THE TO _3 OF ':EST aE PHIS AiKAN.> yv D ITS INHABITANTS. " .aft Be it ordained by the City Council of the town of ,:eet iaemphis Ark nsas : SECTION. 1 . That there is hereby granted to the Arkansas Power & Light Company , hereinafter called the Grantee , the right and privilege of supplying electric lights and po,:er to the ton of West Memphis, Arkansas, hereina :'ter called the City for the purpose of 1 `ght-ing the streets, alleys and public grouns of said City , and to the inhabitants thereof for light and power for the term of thirty (30) years from the passage of this or- dinance, it being understood that all ri ;htsv:nd privileges 4 herein granted and aT 1 restrictions and requirements inposed shall bind said Grantee , : ts successors < nd assi ns and whenever persons shall be referred to , the same shall also be held to include corporations. Rights herein gra. ted shall be non ex- clusive . . ECTION 2. The Grantee is hereby granted the night-of Way in, through , under and over all streets, avenues , alleys , sidev.alks, and public grounds of aaiA City for -the purpose of erecting, constructing, operating and maintaining its electric light and power plants any systems; the right to trial, ,.ith consent,pf proper authority all trees, -alleys , sidewalks and public4places ane: groan zs that m .y come in contact aith wires ; - or erecting and maintaining poles, wires , fixtures, and aTil other attachments ane equipments necessary for the carrying of electricity: in and through the Cit ' , provided the streets , alleys , avenues and side niks shall not be unnecessarily and unreasonabl;; impaired or obstructed. Any obstruction shall be for no greater time than shall be act sally necessary and they shall be put in as , ood condition as before aithout unreasonable or unnecessary delay. :SECTION 3. The Grantee will not and shall not be required to ex- ra-a tend its lines at its sole cost and o farni h service to consumers -,.here actual and executed bona fide contracts ith consumers at rates stated herein .-.ill not bring in an annual groos income eau: l to thirty five percent (35%) of the cost of the extension. SECTION 4. The rates which sh=.11 be charged for electric energy heL etinder shell be fair and reasonable , and shall in no event ex- ceed the general rates chrged by the GRANTEE for the same or sim- ila services in oth r t o-,.ns and cities in the State of Arkansas having approximately the sarne2Cn.umb r of consumers of electric energy ; and the Incorporated Town reserves all rights now granted to it or which may hereafter be granted to it by the statutes of the estate of Arkansas ith reference to fixing rates for service for electric light and power compa es operating ,ith:.n its limits. e1 J The initial rates for electric service hereunder shall be as • follows: ELECTRIC RATES-RESIDENTIAL TIAL Monthly Flat Rate : First four rooms or less - $1.00 Rooms in excess of four - 10¢ each, and - Monthly Meter Rate; x¢._per:KWH{ f.or-first 6 KWH per room 5¢ per KWH for all additional energy 77 used during zionth�.,: . ELECTRIC ti Ti IC Monthly Flat Rate: For up to 500 watts of contract load, the sum of $1.25; For contract load in excess of 500 watts, 10¢ for each 100 watts of %aid excess, and, Montly Meter Rate : 79? per Y. :H for up.. to the first 110 i H per 500 watt unit of maximum demand: 6¢ per KV.!i for next 500 K' H ; 4i per KTH for next 500 r: H; 2i-¢ per KWH for all energy used in excess of the above amounts during the month. COMB IN TION a : IDENTIAL RATES Monthly Flat Rate : First four rooms or less - $2..50 ; .&or rooms in excess of four - 10.E each , and Monthly Energy Rate : 47d per K',:H for first 6 KT..H per room; w... per KH for next 100 Kai.; 27 per Y.:H for all energy used in excess of above amounts during the month; SECTION 5. In the c.oLstruction, repairing and operat '. ng of said electric distribution system, said GRANTEE, its successors and assigns, shall use every reasonable and proper precaution to avoid damage or injurz: to persons or property , and shall hold and save harmless the said Tov,n from d .mage , injury , loss or expense caued by the negligence of the GRANTEE, its successors or assins , or their agents , servants or demployees , in constructing, repairing and oper<. ting said system or�'in repaving or repairing any streets, avenues, alleys, bridges or other public grounds. SECTION 6. The GRANTEE, its successors and assigns shall at all • times keep its poles, wires, conduits , stubs , anchors and all other • apparatus and appliancs in a go :•d state of repa ir ,'and shall con- form to such practices and install such safety appliances and equip ment as may be in keeping with the • best usage obtaining in tons of similar size in this state during the life of this f•ranahise . :;ECT.iON 7. This ordinance being necessary to the public health and l:elfare an emergency is hereby declared to existd the provisions of this ordinance shall be in full force and effect from and after its pr ssa e by the Town 'Council and its acceptance by the • GRANTEE. :SECTION 8. All Ordinances and p• its of Ordinances in conflict herewith are hereby repealed. Upon motion that the rules be suspended and the Ordinance read the second time the f ollowi,.L Voted in the affirmative : ►'r. i. tundhausen ; O. Spotts ; . oah Phillips ; r. G. Parker; E. E. Jacks. . O. . reminel and L. .. i:Iarri s . he Ordinance -.was • _ead the seq.oud time and it vas moved that tie r+,les be suspend- ea and• theotrdina: ce read the third time be placed on final pas- sa =e , all the following voting in the affirmative : :a. ti. Hund- . u:>en ; J. Oa apotts;,_,Noah Piillaps; 40. G. iarker ; E. y. Jacks ; r. 'rei.un� y Ale Ordinance was real the third time , the question being on the adoption of the Ordinance the roll was called and the following voting in the affirmative : J. O. Spotts ; i,oah Lhillips ; u. G. Parker ; E. y. Jacks ; 2. reMmel ; L. E. Harris . W. H. riuna- hausen not voting. t'HE:..EUPON said Ordinance vas declared adopted and the re- 7 s corder was directed to spread the same upon the record of Ordi- 1 nan.ces of said tovrn and to have the same published a'secuired by law and to number said Ordinance Number seventeen (17 ) . The following ordinance 1-;as introduced and read the :fir:~t time. AN ORDINANCE L '.:ITLED "AN ORDINANCE TO PEu'�'iD: 'Or AN ELECTRIC D LIGHT AND PO `E-: 6Y6TEM AND SUPPLY FOR THE TO _r OF VEST _°ELPHIS A J( N 3 ;S AND ITS INHABITS :T3." Be it ordained b,, the City Council of the town of :eUt Memphis Arkans. s: ti b d SECTION 1. That there is hereby granted to the rest Memphis . t Poher eater Company , hereinfter called the Grantee , the 1 it ht , and privilege of supplying electric lights and po:.er to the town ''M of West Memphis , Arkansas, hereinafter called the City for the ih purpose of lighting the streets , alleys and public grounds of said City, and to the inhacitants thereof"for light and power for the term of thirty (30 ) years from the passage of this or- din- nce , it being understood that all rights and privileges herein granted and all restrictions and requirements inposed .:: shall bind said Grantee , its successors and assigns and wheneve : 14 persons shall be referred to, the same shall also be held to include corporations. Rights herein gr °nted shall be non ex- clusive . SECTION 2. The Grantee is hereby; granted the Right- of Way in , through, under and over all streets , avenue -' , alleys, side alks , ; and public grounds of said City for the purpose of erecting, constructing, operating and maintaining°Its electric light and poi..er plants and s, ,stems; the right to tri .., ith consent of proper authority all trees , alleys , sidewalks and public places and grout is that may come in contact with tires or erecting and maintaining poles, sires , fixtures , and all other attachments mind equipments necessary for the carrying of electricity; in and through the City , provided the streets, alleys , avenues and s ide :lalks shall not be unnecessarily and unreasonably impaired or obstructed. Any obstruction shall be for no greater time than shall be actually nec<:ssary and they shall be put in as f_ ood condition as before cn , ithout unreasonable'Or unnecessary delay. .ECT1ON 3. The Grantee till not and shall not be required to ex- tend its lines at its sole cost and to furnish service to consumers ,.here actual and executed bona fide contracts with consumer.? at rates stated herein viil not bring in an annual gross income equal to thirty five percent ( 35%) of the cost of the extension. fl SECTION 4. The rates ' hich shall be charged for electric energy hereunder shall be fair .and reasonabl , and shall in no event ex- I ceed the ger:er<:1 rates charged by the GRLNTEE for the same or sim- fl ,,.. filar services in" oth.: 2 toms and cities in the State of Arkansas 11 having approxim' tely the same number of consumers of electric ei::eri y; and the Incorporated Torn reserves all rights nova• granted Y to it or which may hereafter be granted to it by the statutes of M the State of Arkansas , ith reference to fixing rates for service for electric light and po' er companies operating tithi,, its limi':s. The initial rates for electric service hereundersh• 1.1 be as follows : 2LECTEIC RiATLn 3-_'.ESIJ NTIAL Monthly Flat Rate : Fiat four rooms or less - 41. )0 Rooms in excess of four - 10 each, and J I Monthly Meter Rate ; 7$_ per KYH for_,ftr3t 6 KWH per room per gNH for 411 ad.dttionai energy 440 d a4r1114 4quth,.;tit h. ELECTRIC RATES CO:.i ;RCIAL Monthly Fly t Rate : For ap to 500 watts of contract the sum of $1.25 ; For contract lord in excess of 500 watts, 10V for each 100 v;atts of said excess, and, Monthly Meter Rate : 7V per KWH for up to the first 50 KWH per 500 +;att unit of maximum demand: 6V M H per KWH for - next 500,0'" H; 4per for. next 500 H; 2le per kali for all energy used in excess of the above amounts during the month. COYIBINATION RESIDENTIAL RATS Monthly Flat Rate : Fir t four rooms or less - $2.50 ; For rooms in excess of four - 10V each , and Monthly Energy Rate 7¢ per KWH for first. 6 Z H per room; 22 ' per KWH for next 100 KWH; 2V per KWH for all energy used in excess of above amounts d .ring the month; SECTIO? 5. In the construction, repairing and operating of said electric distribution system, said GRANTEErits successors and assigns, shall use every reasonable and p oper precaution to avoid damage or injury to persons or property , and shall hold and save harmless the said Town from damage , injury , loss or expense caused by the negligence of the GRANTEE, its successors o assigns, or their agents, servants or employees, in constructing, repairing and operating said system or in repaving or repairing- any streets , avenues, alley s , bridges or other public grounds. SECTION 6 . The GRANTEE, its successors and assigns shall at all times keep its poles , wires , conduits, stubs , anchors and all other apparatus and appliances in a ° ood state of repair, and shall con- form to such practices and install such safety appliances and euip- ment as may be in keeping v ith the best usage obtaining in towns of Si ilar size in this state during the life of this franchise. SECTION 1. This ordinance being necessary to the buplic health and welfare an emergency is hereby declared to exist and the provisions of this ordinance shell be in full force -and effect from and after its passage by the Town Council and its acceptance by the GRANTEE. SECTION 8. All Ordinances and parts of urdi r,ances in conflict hereiith ` re hereby repealed. Upon motion that the rules be suspended and the Ordinance read the second time the following voted in the affirmative : rr. H. Hundhausen; J. 0. apotts; Noah Phillips ; W. G. Parker; r " E. E. Jacks; H. 6. Tremmel and L. E. Ha ris . The Ordinance was read the second time and it ''as moved that the rules be suspend- - ed and the Ordinance read the third time be placed on final pas- sa e, all the following voting in the affirmative : W. H. Hund- hausen ; J. 0. Spotts; No h Phillips ; s. G. Parker; E. E. Jacks ; TremmelH. tv. and L. ..SDflarris. The Ordinance was read the third time , the question being on the a: opti'on of the Ordinance , the roll was called and the .follo.':irg voting in the affirmative : J. 0. gpotts ; Noah Phillips ; a . G. Parker ; E. E. Jacks ; F. +w. Trammel and L. E. Harris . . H. Hund- hausen not voting. WHE:J JPON said Ordinance was declared adopted and the record- er ;.as directed to spread the same ', on the record of Ordinances of said to-,.n and to have the sat published as required by 1a . 1 � 5 and to number said Ordinance number eighteen (18) . ' On motion the City Council adjourned with no future date of meeting being determined. H. I-iundha usem, Mayor. J. 0. »potts , ec order. 1_, MINU' S OF I ETING OF TH TOWN COUNCIL OF NO a t:ER EINETEENIE 1932. Upon callof the Mayor, thd all members having had due notice as required by law, the town council of the incorporated town of West :=emphis Ark. met 4 in the directors room of the Bank of West iaemphis building at ei4ht o'clock =' P. M. November 19th, 1932. The following were present upon roll'°call. W. H. Hundhausen, :.:ayor,JJ. 0. Spottq, Recorder, F. W. Tremmell, N. G. Parker, E. E. Jacks and Noah Phillips Aldermen. x Motion was made by Noah Phillips and seconded by E..- E. Jacks that the Council `.'. s-i suspend reading of the minutes of the last meeting until the next meeting held, - ' said motion being voted on and carried by unanimous vote. A Y ;. resolution was then introduced by Noah Phillips and seconded by F. W. Tremmell j �• to elect :Jr. S. V. Neeley, an Attorney of Marion, ..rkansas $tso represent and look after the legal interests of the City of West Memphis in court proceedings which might need the attention of an attorney. The following voted :eye; W. H. Hundhausen, J. 0. Spotts, Noah Phillips, W. G. Parker F W Tremmell and B E Jacks. There being no further business to come before the contil, same was adjourned upon proper motion and second, with no future date of meeting being determined. W. H. Hundhauuea, :ayor, J. 0. Spotts, Recorder. z� -_ RESOLUTION AS ADOPTED AT ABOVE MEETING. daypassed its r - 1932, WHEREAS this council, on the sixteenth of September, ��. olution declaring the franchise ordinance in favor of Charles E. Sullenger, his heirs and assigns passe, i.:ay 14, 1930, to be null and void; and '.7HER'L S it appears to be necessary that proper action be taken by the courts to cancel said franchise contract: THER_FCRE BE IT RESOLVED that .:ayor of ',"rest r.:emphis, be, and he is hereby, authorized and directed to employ S. V. Neely to bring such action as may be proper to have said Sullenger's ordinance declared null and void. MINUTES OF MEETING OF TOWN COUNCIL MARCH 21st, 1933 -WEST IvEMPHIS ARKANSAS Una Upon call of the Mayor, the 'members of which having all had due notice as required by law, the town council of the incorporated town of West 1,iemphis ' ° met in the private office of the Johnson Auto Company at 8;00 o'clock • M. on the night of March 21st, 1933. The following were present; W. H. Hundhausen Mayor, J. 0. Spotts, Recorder, F. E. Jacks, Noah Phillips, W. G. Parker, and L. E. HFirris, Aldermen. Alderman F. W. Tremmell, having moved from West Memphis, was not present. The matter of payment of bills was then taken up, and the following bills were ordered paid by the City Treasurer. Warrant No.32 to C. C. Culp 50.00 33 to G. M. Guynes 61.75 34 to 0. I. Bollinger 11.10 35 to O. I. Bollinger 5.00 36 to C; C. Culp 50.00 37 to C. H. Brown 71.75 38 to West Memphis P & Water Co 78.00 39 to C. C. Culp 50.00 40 too°Joe Somerville 10.00 41 to Johnson Auto Co. 13.54 42 to C. ii. Brown 51.00 43 to C. C. Culp 50.00 44 to Joe Somerville 11.00 45 to C. C. Culp 50.00p. 45 to Mrs. 0. L. Robinson 10.00 4? to C. C. Culp 50.00 48 to Mrs. C. S. Hurt Cafe 1.75 c° 49 to C. C. Culp 50.00'� 50 to Noah Phillips 50.00 51 to C. C. Culp 50.00 52 ' to Mrs. 0. L. Robinson 20.00 52 to Will Davis 5.00 '54 to W.C. Busby 5.00 55 to C. C. Culp 50.00 56 to W. C. Busby 7.10 57 to Johnson'Auto Co. 29.13 58 to John D tton 4.00 59 to West 44emphis P. & Water Co 52.00 60 to J. W. Stotts 10.00 • It was decided upon motion to hold over until next meeting, a bill from the Choctaw Culvert Co. of memphis, Tenn. for $234.00 against the city, pending legal advise from the City Attorney. There being no further business to come before the council, same was placed upon motion to adjourn. Upott motion made by W. 0. Parker, and second by L. H. Harris, meeting was duly adjourned. 71. H. Hundhausen, Lqyor, Attest: J. 0. Spotts, Recorder. Y v • Tv MUTES OF MEETING OF CITY COUNCIL-TOWN OF WEST h MPHIS-TUBE 7th, 1933. Upon call of the mayor, due notice of which having been given to all members, as required by law, the town council of the incorporated town of West Memphis Arkansas met in the private office of the Johnson Auto Co. in West .61emphis, Arkansas at 8;00 o'clock P. M. June 7th, 1933. Upon call of roll, the following members were present; 1. H. Hundhausen, Mayor, J. 0. Spotts, Recorder E. E. Harris, L. .P. Bernhard, W. G. Parker PF and Noah Phillips, Aldermen. 'lll members having been sworn to oath of office, the Mayor then declared meeting open for business. The following ordinance was then introduced and read the first time. �f'/��I` " AN ORDIN.1'TCE GULATING TANK WAGONS OR VEHICLES FOR TRANSPORTATION OF GASOLINE AND OTEM VOLATILE LIQUIDS WITHIN TEE CITY LL:ITS OF THE CITY OF VEST ME HIS AND FOR OTHER PURPOSES". HS IT ORDAINED BY ME CITY COUNCIL OF TIE CITY OF WEST LLEHPHIS:. t- Section 1. That any tank wagon, truck or other vehicle used for the purpose of transporting of gasoline and other volatile`''1quids within the city limits of the city of West ivemphis shall comply with the following requirements and re- gulations before such carrier shall be allowed to transport same. Section 2. Each Vehicle tank shall have a serial number of identification dis- played on tank. • Section 3. Each fill op.ning shall be equipped with a tight fitting lid and at no time when filled with gasoline or any other volatile liquids shall it be permitted to overflow on outside of tank. , 57 Section 4. Caution marker shall be placed on all gasoline faucets to dis- tinguish them from kerosene. Section 5. Volatile liquids shall be transported only in containers having a tight fitting screw top. Section 6. Each vehicle or tang wagon as named herein, shall be provided with not less than two wood bungs for faucet outlets for emergency use in case of break or leak. Section 7. Each canpertment shall be equipped with suitable vent which shall always be kept in working order. ne Section 8. Each truck or VehiclDe for the transportation of gasoline or other volatile liquids shall have eedrag chain attached thereto for the relief of static electricity and such chain shall be arranged so as to drag when the truck or vehicle is empty as well as loaded. Section 9. All faucets upon the rear of such truck or vehicle shall be guarded to prevent their being .broken and all such faucets shall be of the locked type or shall have removable handles which cannot be removed except when the supply is shut off. Section 10. At least one extinguisher of approved type shall be kept upon each v - rt , truck or vehicle and shall always be kept in"working order. Section 11. All of the containers carried upon said truck or vehicle shall have cloy: fitting tons and such tops shall always be kept upon the container exceptnwhen such ' container is in actual use. nn Section 12. The operator of vehicle tank wagons shall not leave the unloading faucets unattended while unloading volatile liquids Section 13. No tank wagon or tank truckhereinbefore referred to shall under ;A any condition dispense gasoline or any other volatile liquids from tank wagon 'y or taic truck into any vehicle or truck within the city limits of the city of West3Lemphis. se Section 14. Gasoline, or any other volatile liquids, shall not be distributed, or .ry delivered in wholesale quantities, to any filling station for storage, or sale, or transferred from from one vehicle to another, between the hours of 8:00 P. M. and 5:00 A. M. Section 15. Any person, firm or coppotation violating any of the provisions of this ordinance shall, upon conviction, be fined in any sum not less than $25.00 nor more than w100.00, and the operator of such vehicle shall be reaponsil'be jointly with the owner for any violation of this ordinance. Section 16. The passage of this ordinance being; immediately necessary in ordera to properly regulate the sale and transportation of gasoline and other volatile liquids in the city of West Memphis and to prevent loss and dr_mage caused by Alf:f fires arising from such transportation and distribution, anJemergency is hereby declared to exist and this. ordinance shall take effect and be in force from and after the date of it's passage. , K Upon motion that the rules be suspended and the ordinance read the second time, the following voted in the affirmative; W. H. Hundhausen, W. G. Parker, Noah Phillips, L. .E. Harris, L cP. Bernhard and 1. 0. Spotts. The ordinance was then read the second time and it was moved that the rules be suspended, the ordinance be read the third time and placed on final passage. The following voted in the affirmative; W H Hundhausen, Noah Phillips, W G Parker L E Harris L P Bernhard and 3 0 Spotts. The ordinance was read the third time and the question being on I the adoption of said ordinance, the roll was called and the f ollo„ing voted, in the affirmative. W H Hundhause, J 0 Spotts, L E Harris, 4V G Parker, Noah6fhillips and L P Bernhrad. WHEREUPON said ordinance was declared.adopted and the ,Recorder was directed to spread same upon the record of Ordinances of said town and to have same published as required by law, and to number said ordinance as I J uiB eFl NMETEEN (#19) . There being no further business to come before the meeting, and upon proper motion and second, sane was adjourned with no future date mf meeting being determined. VJ. H. HCNDHAU EN, i:ayor, Attest: 1. 0. Spotts, Recorder. MINUTES S OF MRF,TING OF TOWVN COUNCIL - July 7th, 1933; 8:00 P. M. Pursuant to call of the Mayor, all members having had due notice as re- quired by law, the town council of the incorpotated town of ,'rest Memphis met in in the director's room of the Bank of West Memphis building at 8;00 O8Clock P. .:. July 7th, 1933. All members of the council being present, the following preceed- ings were had and done towit: Alderman E. E. Jacks was sworn in to oath of office. The mayor then took up the proposition of sewerage system for the city of `rest Memphis under the Reconstruction Finance Recovery act, and Mr. Milton Bauman, who had been invited to the meeting, was asked to explain some of the details of the program. The mayor then asked for the election of a Sewer Committee as required by the provisions of said RFC act, and the...names of J. H. Hundhausen, J. C. Johnson and M. C. Bauman were submitted for the proposed committee. At the election by call of the roll, the said W. H. Hundhausen, J. C. Johnson and M. C. Bauman were unanimously elected as members of said.Sewer Qommittee. There being no further business to come before the meeting it was ad- journed with no future date of meeting being determined. W. H. HUNDHAUSEN, Y.AY0R • Attest: J. 0. Spotts, Recorder. IviINU`Ir D OF IV STING OF TOWN COU'_'CIL August 3rd, 1933. 8;00 onock.P. i,.. Pursuant to call of the ayor, the members of which all having had: due notice as required by law, the town council of the incorporated town of West ..,emphis Ark. met in the director's roan of the Bank of 'rest 1fiemphis building at 800. o'clock P. M. August 3rd, 1933. Upon call of the roll, the following members were found to be . present; W. H. Hundhausen, J. 0. Spotts, Noah Phillips, W. (-. Parker., L. Jacks ' and. Paul Bernhard. LUderman L. E. Harris being -absent. The f o'.lowing' proceedings were had aad done towit; At the request of the Mayor, minutes of the last meeting were not read. Mr. Thos. H. Allen, Consulting -ngineer of Memphis; Tenn. being present, was called upon by the Mayor for his ideas and views relative to building a sewerage system for the Cit of West Memphis. - The following resolution was then introduced: "Be it resolved that it is the sense of this cou .cil that moving Pictures Shows should be permitted to operate on Sundays provided same do not open before One O'Clock r. M. on such days". Upon call of the roll, said motion was unani- mously adopted.• There being no further business to come before the council, same was adjour- ned. -with no. future date. of meeting being deter_:=ined. • W. H. HUNDHAUSEN, Mayor Attest: J. 0. Spotts, Recorder. 01* • .arr MINUTES �' f r. ' iit a special meeting of the Town Council of the Incorporated Town of West ,emphis,' / Arkansas, held in the Director's room of the Bank of West Memphis, on Friday, the ) 25th day of August, 1933, at, which all of the members of the Town council were present, the following proceedings whre had and done, towit: The following resolution was unanimously passed:- Be it resolved by the Town Counci of the Incorporated Town of West Memphis, arkansos. f Sec. 1 That regular monthly meetings be held on the first Tuesday of each i'I month in the Director's room of the Bank of West ' emphis at eight o'clock, P. M. i and that such meetings may adjourn from time t o time and to another place or places. Sec. 2 Ault special meetings of the Town Council may me called at any time and place by the Mayor or any two members of the Council, Written notice of Special meetings stating the time, place and purpose of the meeting shall in all cases be served upon each member of the Council prior to the meeting date by the Tovm Marshal or some other person designated by the Mayor, or the members calling the meeting, to 'make suc h service. x Upon proper motion and second , the Council agreed by unanimous vote to install i. appromima°tely 100 feet of tile across the street between the Z. T. Bragg Service ee G Company garage and the 'W. G. Parker Cafe. " ?. Motion was also made, with proper second, that the Mayor take up the matter of repairing, Cooper and Eighth Streets with someone capable of doing this work, and a to receive bids on what the proposed street repairing would cost, and to present same ,• F; at the next meeting of said council. %a There being no further business to come before the meeting it was adjourned to meet i404 again at the sane hour and place on the 29th day of August, 1933. ` eW W. H. HUNDHAU�v, .1 ayer.. : ?Attest, J. 0. Spotty, Recorder. Fs. 5 Minutes [ Pursuant to last adjournment, the Torn Council met in the Rirector's room It the ' ' / Bank of West Memphis on Tuesday, the 29th day of ,ugust, 1933 at 8;00 o'a!lock : • i.-•' : r with the following members present: W. H. Hundhausen, J. 0.Spotts, Noah Phillips, L. P. .Bernhard, W. G. Parker and E. E. Jacks, whereupon the following business was , transacted. to-wit:- '[. , ` a eo The following ordinance was introduced and read the first time. ee • ,� -410 I.h..' h "AN ORDIC: TO PROHIBIT OBSTRUCTING THE PUBLIC HIGHd1FA1S, STREETS AND ALLEYS YS 0 - tfi I�TCOi-C OR.:_T D TOWN OF WEST M i�PHIS A SAS" Be it ordained by the Town Council of the Incorporated Town of West i' mphisrkansasi. s Sec. 1. It :hall be unlawful for any person to obstruct the public highways, stree.,e alleysand of the incorporated town of West Memphis, Arkansas by leaving; therein any . • motor vehicle, wagon, logs, lumber, brick or other rrrterial, or by digging any ditch , o,, making an; excavation therein which will in any way endanger traffic thereover, A provided, that ditches nay be dug or excavations made for the purpose of laying pipes 7 wires or conduits under written permission from the Town =:arsha.11, but al': such ditch orexcavatio s shall be p��otected by guard mile-, signs;or. aL, nal lights as the Ton ' h Z r ,.i arsal r direct, add when such work is completed shall be filled a-� and. the suric restored to its original condition: and provided further, that this ordinance shall ::. not be so .construed as to prohibit the parking of cars or motor vehicles at the curlie. or sides' of the public highways or streets of said town while the occupant or driver transacting business wht:ri any place of business along; said highways or streets, or if upon a side street, while the occupant or driver .is visiting at any red idence in said : town near which be or she ma, be parked. 0 Sec. 2. Agry person vtolating any of the e ovisins of Section One (1) of this or- dinance shall be deemed guilty of a misdemeanor and upon convetion thereof, shall,IDe.};:• fined in any sum not exceeding Fifty Dollars ( 50.00) and each day's violate.F' onstitui;e a separate offense. 1. ti'' e''. .. MINUTES Sec.. 3. This ordinance shall be necessary for the immediate prservation of the public peace, health er. �. safety on account of the dangers to public traffic oc- casioned by the abusee abova :prohibited an emergency it hereby declared and this or- dinance shall take effect and be in force from and after its passage. • Upon motion that the rules be suspended and the ordinance read the second time, the following voted in the affirmative; 'I H Hundhausen, L P Bernhard, W G Parker, Noah Phillips, E E Jacks and J 0 Spotts. The ordinance was the read the second, and it was moved that the rules be suspended and the ordinance read the third 'time and placed on final passage, whereupon the following voted in the affirmative: W ir- Hundha'l;:sen J 0 Spotts, E E Jacks, W G Parker, Noah Phillips and L P Bernhard . The ordinance was then read the third time, and thequestion being on the adoption of said ordinance,, . .fl the roll was called and the following doted in the affirmative: W H Hundhausen, J 0 . Spotts, Noah Phillips, W G Parker L P Bernhard and E E Jacks. WHEREUPON said ordinance was declared adopted and the Recorder r.asedir cted to spread same upon the record of Ordinance of said Town and to have same published as re- quired by law, add to number said ordinance NUMBER TWENTY ( r20) . - Upon prese iration: of .the;;emexgenc lause_•of :the .above: ordina nce;. all menAers of the Council voted in favor of the ddoption of said emergency clause. y rr • The following ordinance was then introduced and read the first time: 'K tt Ai\I ORDINANCE TO AUTHORIZE A SURVEY AND THE P 'PA:;ATION OF TEE PLANS AND SPLCIPIi CATIONS AND ESTIMATES OF COSTS F OR THE CONSTiIUCTION,e O±'ERATION AND MAINTENANCE OF . IA , 11 SEWERAGE SYSTEM FOR THE INCORPORATED TOWN OF WEST l i+.TEIS& ABKANSAS." / Be it ordanied by the Town Council of the Incorporated town of West I�iemphis Arkansas: Sec. 1. That in order to conserve the health and promote the general welfare of the inhabitants of the incorporated town of West Memphis, Arkansas, ad adequate sewage system should be forthwith constructed and placed in operation, priovided financial . • conditions will pesr.it. Sec. 2. That M. C. Baumann, a competent civil engineer, is hereby chosen and ap- pointed to make a complete survey and prepare plans and specifications and estimates In of costs for the const:•uction maintenance and operation of an adequate sewerage system' ' for the indorporated town of West Memphis, and to plan said system so as to care for tk the expected groth of the Town for a reasonable future period. When said plans•and • specifications and estimates of costs are completed the said engineer is directed to • file same with the recorder for consideration and approval or rejection or modification by the Council . Sec. 3. The health of the community being endangered by delay- in the establishment Of a sewage system an emergency is hereby declared and this ordinance being necessary for the immediate protection of the public peace health and safety shall take effect and be in force from and after its passage. Upon motion that the rules be suspended and the ordinance read then time , the fol- lowing voted in the affirmative. W H Hundhausei.i E u Jacks, Noah Phil.li-;s, •J 0 Spotts t G Parker and L P Bernhard . The ordinance was then read the second time and it was moved that the rules be suspended and the ordinance read the third time add placed on final passage. The following voted in the affirmative; Vr H Hundhausen Noel, Phillips a'J0 Spotts, W G Parker H E Jacks and L P Bernhard. The ordinance was then read the . - third time and the question being on the adoption of said ordinance.,: the roll was called and the following voted in the affirmative; `I H Hundhausen, J 0 Spotts, Vi G . • - Parker, Noah Phillips, E H Jacks and L P Bernhard. - HEREUPON said ordinance -was declared adopted and the Recorder was directed to spread same upon the record of Ordinances of the Town.and to have -same pzblished ` I as required by law and to number said ordinance NUr!D3.?'_t TWENTY OHE ( /21) . " i 'Thereupon the roll was called upon the adoption of the emergency -clause and all L--- members present voted in the affirmative.) The following ordinance was then introduced and read the first time; AN ORDINANCE TO PROVIDE A PRIVILEGE TAX FOR THE SALE OF BEER AND/OR LIGHT WINES AND • PY¢$��J IMGULATE\TG TEE SALE THEREOF WITHIN TIIE, LThITS OE TEN INCORPORATED TOWN OF WEST idEivi'ITIS: Be it ordained by the Town Council of the incorporated town of West elemphisi. Arkansas: SECTION 1. It shall be unlawfulf or. any person, firm or corporation to engage in the . retial sale of beer and/or light wines as defined and permitted by Act No.7 of the Special Session. of the General Assembly of the State of Arkansas, approved August 24th 193, within the limits of the Incorporated Town of West i emphis without having first procured from the Town Recorder a license so to do. Such license shall be issued only 5. 44. . to persons properly qualified as hereinafter set forth and upon payment to the ='ecorder : eza of the sim of TEN DOLLARS (y 10.00) , and all such license shall expire at midnight of 4 • June 30th following their date of issuance, unless sooner revoked or cancelled.. SECTION 2. The qualifications requisite to obtain a license shall be asfollows:- .The applicant shall be of good moral character, a resident for not less than two years immediately preceeding of the State of Arkansas, a qualified elector at the last pre- ceeding general election, a qualified elector of the incorporated Torn: of ;":.st i'iemphis, and engaged primarily in the business of operating a cafe, lunch counter of ez 4 hotel, provided, that persons not engaged primarily in the operation of a cafe, lunch . counter of hotel_, but posessin5 the 'other qualifications mentioned above, may obtain ,._, from :the t iecorder upon payment of the fee above set out, a restrictive license au- ,� 1 tnorizin, and permitting the retail sale of beer and/or light wines as permitted by ae Le I ' said Act No.? to comsumers in case lots or if in bulk quantities less than sixteen gallons not to be 'consuried upon the premises or contiguous thereto. All such ap- plicants shall exhibit their State permits and shall sign an agrement to keep an orderly place of business ant not to permit the use of any language orsuffer ana '; conduct thereon calculated to disturb the public peace. The violation of such ag- • a • reenient shall be the cause for the cancellation or revocation of the; applicant's' license by the Mayor without notice. In case of a pertnership the applicant shall_ be aaz a member of the firm and each member of the firm shall possess the requisite eual- fr<' ifications; in case of a corporation the applicant shall be a director of the cor- `e gal poration and each member of the board of directors shall possess the requisite qua].- C: ifications and the license shall be issued to the firm or corporation respectively. In All such licenses shall be kept posted in a public place in the place of business = of the licensee. `'r SECTION 3. Any person, firm or corporation violating any of the provisions of this la ordinance shall be deemed guilty of a misdemeanor and upon convittion thereof, shall _ ali be punished by fine of not exceeding Five Hundred Dollars (yW500.00) and in addition . thereto the license issued to such person, firm or corporation shall berevoked. SECTION 4. The Mayor may revoke any license issued heremnder upon proof that the applicant on behalf of the licensee does not' possess or has ceased to possess the eual.ifications herein required, or upon proof :that the licensee has violated any of ee `r-' a . the provisions of Act. No.7, or regulations issues thereunder, or has been guilty ,ee ; 7 ' of the violation of any law of this State involving moral turpitude, but in all such . casesr_otice and an opportunity to be heard shall be afforded the licensee. ay Li SECTION 5. it is found that the State of Arkansas has legalized the sale of beer and light wines of a certain alcoholic content and required retailers to obtain a 'license � q v's for tue sale thereof in Incorporated Towns and that this ordinance is necessary to p carry Out the terms of the State Law, therefore an emergency is hereby declared and this ordinance being necessary for the is eed iate preservation of the public peace, health and safety, shall take effect and be in force from. and after its passage. a Unnn motion that the rules be suspended and the .ordinance read the second tiriie, the rY following voted in the affirmative, V H I-iundhausea J 0 Spotts, Noah Phillips, J G ' Parker, E h Jacks and L P Bernhard. The ordinance was then read the second time and l uppn motion that the rules be suspended and the ordinance read the third time and ;. places upon final passage, the following voted in the affirmative; 'lr' l Thmi hausen . J 0 Spotts, E E Jacks, Noah Phillips, W G Parker, L P Bernhard. The ordinance was :.-14. then read the third tine and the question being upon the ddoption of said ordinance, .., the roll was called and the following voted in the affirmative: W H Hundhausen', J 0 Spotts, E E Jacks, Noah Phillips, T G Parker and L P Bernhard. WFI i_i3?0 % said ordinance was declared adopted and the Recorder was directed to spread same upon the record of Ordinances of said Town and to have same published as required by law, and to number said ordinance NU1 ER TWENTY TWO (#22) `y . f , .-- , Whereupon roll wan called upon adoption of the emergency clause of said ordinance , 4 and all members present voted in the affirmative. Mayor Eundnausen than advised the Council of a proposal submitted to the City by Frank Graham to scarify and resurface with a 3-inch layer of Crow-creek gravel_. approximately one thousand feet of Cooper Street from the intersection of said street with U S Highway Ne.61, thence west to the ditch alongside Rhodes Avenue. All members of the council being in favor of this project, the Mayor was instructed. to proceed with the letting of this contract and to order the work done in ;edia.te'.y. ea There being no further business the meeting was adjourned. W. H. HUNDHAUSEN, Mayor Attest: J. O. SPOTTS, Recorder. Lit) p MINUTES On Tuesday the 5th day of September, 1933, the same being the regular monthly day fixed for meeting of the Town Council of the Incorporated Town of West Memphis, Arkansas, the Council met in the Director's roam of the wank of West Memphis at eight o'clock P. M. the following members being present, W. H. Hundhausen, J. 0. Scotts, L. P. Bernhard, E. E. Jacks, Noah Phillips, and W. G. Parker, an;: there- upon,the following business was transacted towit: The following ordinance was introduced and read the first tine: "Aiv` ORDINANCE apprcing the plans and specifiirations for the construction, main- tenance and operation of a sewage system for the Incorporated town of West emphis, f prepared and filed with the Town Recorder by I; . C. Baumann, a civil engineer here- �� / tofore chosen and appointed for that purpose; approving the estimated .coat of said sewer system in the sum of Eighty `thousand Dollars ( ?80,000.00) ; appointing J. C. Johnson, C. H. Brown and W. B. Bell as a Sewer Ooiauiittee and fixing their powers and duties; ordering the construction of said sewer system provided the necessary funds to pay the costs thereof can be procured from the United States through the Administrator of the Federal Emergency Administration of Public Works and in such event directing that revenue bonds be issued in an amount sufficient to pay said costs. Be it omianied by the Town Council of the .Incorporated Town of 'Nest >emphis Ark; Sec. 1. That the plans and specifications and estimates of costs in the sum of Eighty Thousand Dollars for the construction, maintenance and operation of a sewage sustem for the Incorporated Town of West -Memphis, Arkansas heretofore filed with ' the Town lecorder by I . C. Baumann, a civil engineer chosen and appointed by the Council for that purpose, be and the saw are hereby accepted and approved. Sec. 2. That J. C. Johnson, C. H. Brown and W. B. Bell are hereby appointed a Sewer Committee for the incenporated Town of West i emp ii s, Arkansas, and clothed with all the powers and authority conferred upon Sewer Committees by Act No.132 of the Gen- eral Assembly of Arkansas, approved March 21st, 1933. Said sewer 'Committee is hereby ordered and directed to proceed at once to have the necessary reports prepared and to enter into negotations with the Administrator of the Yederal Emergency Administra- tion of Public Works for the approval of a loan from the United htates in an amount sufficient to pay the cost of construction of said sewage system as defined by Sec. 6 of said Act No.132.. Sec. 3. In event the tinted States through its Administrator aforesaid or otherwise shall approve. a loan to the Incorporated Town of West Lerrpbis ,drkansas, in an amount sufficient to cover the cost of construction of said sewage system, as defined above, the Town Council of said Town hereby pledges itself to pass all necessary reso- lutions and ordinances, to 'execute all contracts and conveyances and to do all other acts and things necessary or advisable to effectuate the validity of an issuance of s revenue bonds under the provisions of Act. No.132 and the National ,:iecover.y Act, approved June 16th, 1933 and to issue such bands in the amount approved. The said . town Council further pledges that in and about the construction of said sewage system it will comnl • with and. conform to all the requirements of said National ilecovery Act and the rules and regulations promulgated by the administrator under the pro- visions thereof. Sect 4. The irnaddiate provision of an adequate sewage system being necessary to pro- toot the health of the community an emergency is hereby declared and this ordinance being necessary for the immediate protection of the. public health, peace and safety shall take effect and be in force from and after its passage, and all ordinances and parts of ordinances in conflict herewith are hereby repealed. Upon motion that the rules be suspended and the ordinance read the second time, the following; voted in the affirmative: W H Hundhausen, J 0 Spotty, P B Jacks, Noah. Phillips, VI G Parker and L 1- Bernhard. 2he;.ordinance was then read the second time and motion was made thet the rules be suspended and the ordinance read the third time and place on final passage whereupon the following voted in the affirmative: W H Hundhausen 5 0 Spotty Noah Phillips E B 5ac=:s V G Parker and. L e iernhard. The ordinance was then read the third time and the question being, on the adop- tion of said ordinance, the roll was called and the following.voted in the af- f inmative t Hunlhausen T 0 Spotts Noah Phillips W G 1:arker h .': Jacks and L D:r iihard. • WMII :JPON said ordinance, was delcared adopted and the :recorder was directed: to spread same upon the record of Ordinance of the Town of West Memphis and to have ,'ar_e published as required by law and to number same NUi.3a2 TWNNTY 'ElddP (if23i , Whereueon kh . roil was called upon the question of, the emergency clause, of said ordinance and all meiibers present voted in the affirmative. t 1 MINUTES - The following ordinance was ti„n introduced and read the first time : " BUT ORDINANCE to provide for the collection of a privilege tax from residents fo .] ,A the keeping and using of motor vehicles. (5de it ordanied by the Town Council of the incorporated Tom of :',rest Memphis Ark; Sec. 1. There is hereby levied and assessed as a privilege tax upon each resident • of the Incorporated Town of West Merlphis Ark. the sun of Three Dollars ($3.00) per annum for each motor vehicle as defined by the statutes of Arkansas kept and used by such resident. It shall be the duty' of the Town Marshal to see to the en- forcement of this ordinance. Such tax shall be paid to the Recorder who shall issue 1 a receipt therefor to the resident and to keep a record thereof. All such taxes shall 1 be used exclusively for the repair and maintenance of streets, alleys and public ways of the Incorporated Town of West Memphis. Sec. 2. Any resident of the incorporated Town of West Memphis Arkansas who shall keep and use upon the streets, alleys and public ways of the Incorporated Town of West ='emphis any motor vehicle without first having paid thereon the privilege tax pro- vided in Section One (1) hereof shall be deemed guilty of 'a misdemeanor and upon conviction -thereof shall be fined in any sum not exceeding Fifty Dollars ($.50.00) . This ordinance shall not be construed as applying to school buss ' r to dealers `'-1 having a rJ:>rular place of business and dealing in new or used motor vehicles where such motor vehicles are kept exclusively for sale. L:1 Sec. 3. It beingnecessaryto raise money for the repair and maittenance of the. � p streets, alleys and public ways of the Incorporated Town of West Memphis an ewer- ;eucy is hereby delecred and this ordinance being necessary for the immediate pee- . se ration of the. public peace, health and safety, shall take effect abd ne in force °o and after it's passage. Upon motion that the rules be suspended and the ordinance read the second tine the fl000wing voted in the affirmative: W H Hundhausen J 0 Spotts, Noah Ihillips W C Parker, E ETacks and L P Bernhard. The ordinance was then read the second time and upon anotion that the rules be suspended, the ordinance read the third time and placed on final passage the fdllowing voted in the affirmative; W H Hundhausen, J 0 Apotts, Noah Phillips, E E Jacks W G Parker and L P Bernhard. The ordinance was then read the third time and the question being on the adoption of the ordinance, the roll was called and the following voted in the affirmative: W H Hundhausen, J 0 Spotts, Noah :Phillips, H H Jacks, W G Parker and L P Bernhard. r+her upo_, the said ordinance was deb&erred adopted and the Recorder directed to spread same upon, the record of Ordinance of West Memphis; to-have ,same published as re- y qui ed b; law, and to number same NUMBER 'TWENTY FOUR (r 24) . Whereupon the roll was called on the adoption of the emergency clause of said ordinance and all members present voted in the affirmative , { The council then took up the matter of paylent of bills and the recorder was directed to issue the following warrants and to pay same in the amounts hereinafter listed: el Warrant No. 61 TO V1 C Busby 5.00 " 62 " John Williams 1.50 It 63 "i.;rs 0 L Robinson 20.00 • " , 64 " W C Busby 3.50 tt - 65 " C C Culp 50.00 66 " Frank Jackson 6.00 ee tt 67 " Cohen Smith 21.00 68 " Llrs 0 L Robinson. 25.00 t' 69 " W C Busby 10.00 " 70 " N C Hobbs 4.00 te-, tt 71 " C C Culp 50.00 tt72 " Cohen Smith 6.00 tt 73 " W G Parker 27.00 • i " 74 " V G Parker 18.10 tt 75 " J. 0. Spotts 40.25 't 76 " C C Culp 50.00 .tt 77 " VT 7,3 '3urrhows 10.50 ." 78 " C C Culp 33.3? " 79 " Noah Phillips 11.00 " 80 " .R G Hobbs 4.00 tt 81 tt C C Culp 50.00 .tt 82 " 0 1Bollinger 5.z�0 " 83 " Crittenden County `Ices 13.50 .tt 84 " West Mts. Lumber Co. 10.26 .tt 85 " C C Culp 50.00 ." 86 P N Gibson 1.00 p} 87 Toe So.)]ery il.o 1.2.00 4 1* MINUTES Warrants issued-continued; . • Warrant No.88 To Mrs ME Perkins • 10.00 " No.89 To West I'jfs. Power & rater Co. 105.50 " No.90 To Frank Graham 166.50 " No.91 To C. h. Bona. 35.00 " No.92 To Crow Creek Sand & Gravel Co. 56,50 Alderman L. E. Harris' letter of resignation was read and accepted. There being no further business before- the meeting it was adjourned to meet again at the same hour and place on Tuesday the 19th day of September, 1933. W. H. HUNDHAUSt':N, Mayor, Attest: J. O. Spotts, liecorder. I Pursuant to last adjournment, the Town Council met in the director's room of the Bank of West Memphis on Tuesday the 19th day of September, 1933 at eight o'clock P. hi. with the following members present; W. H. Hundhausen, JO. Spotts, L. P. Bern- hard, Noah Phillips and W. G. Parker, whereupon the following business was trans- acted towit: Mayor Hundhausen was advised that certain proposed ordinances and resolutions relative to the Sewerage System were being prepared but were not as yet ready to be read. I There being no further business, themeeting was adjourned, to meet again the same hour and place on Tuesday the 26th day of Sept. 1933. Wi, H. Hundhausen, Mayor. / Attest: J. 0. Spotts, 3ecorder. . MIMES Pursuant to last adjournment the Town Council met in the Director's room of the Bank of West Memphis on Tuesday the 26th day of September, 1933 at eight o'clock P. M. with the following members present: W. H. Hundhausen, J. 0. Spotts, L. F. Bernhard, E. E. Jacks, Noah Phillips and W. G. Parker, whereupon the following business was transacted towit: The following resolution was introduced: "Be it resolved by the Town Council of the Incorporated Town of West Aemphis, Arkansas: That a public hearing be had on Tuesday the 10th day of October, 1933 at 8:00 O'clock P. N. in the Director's room of the Bank of West Memphis, in -est Memphis, Ark. upon the proposed ordinance to fix the rated and charges for sewage service to be sty the proposed municipality owned sewage system, and that the recorder be directed to publish for one insertionsaicl proposed ordinance in the Crittenden Cdunty Times, a weekly newspaper published in the Town of West memphis, together with a notice stating the time, place and purpose of the public hearing thereon,which LLDublicaticn shall be not less that ten days before the day set for public hearing." Upon call of the roll, the said above resolution was unanimously adopted. The followingordinance was then introduced and read the first time: RDNA owo edfi whe eratmnd tcoha ors ufchrr weran hraves furnished an stt het heuOicipIalNy eglare fnin owners of property served thereby, and to provide for the collection of same. / Be it ordanied by the Town Council of the Incorporated town of West Aiemphis Arkansas: c..- Sec. 1. The following rated and charges for sewage service furnished by the munici- pally owned owned sewage system against each land owner whose premises are connected with and served b7 such sewage system are hereby fixed and estabilished. as follows: ' For each residence of three rooms or less r .50- For each residence of 4 or 5 rooms .75 For each residence of 6 rooms or more 1.00 For each store with no public toilet 2.00 For each store with public toilet 5.00 For each filling station with no public toilet 2.00 For each filling station with 2 public toilets 7.50 For each filling station with 1 public toilet 5.00 For each restaurant or cafe with no public toilet 2.00 For each restaurant or cafe with a public toilet 5.00 MINUTES For each hotel or rooming house a minimum charge of 3.00 (plus thirty cents for each room over ten additional) For each industrial plant a minimum of 3.00 (plus ten cents additional for each employee) The foregoing retes are payable monthly in advance. Users who do not fall within any of the above classifications will be charged equavalent rates to be fixed by the sewer committee. Where any premises become vacant it shall be the duty of the owner to promptly notify the Sewer Committee of such vacancy and when it begins and ends. .+here the Incorporated Town of West ..emphis uses any sewage facilities it shall pay proportinate rates and charges to the above. :a Sec. 2. All such rates and charges, if not paid when due, shall constitute a lein upon the premises se�•ved bysuch municipally owned sewerage system and such rates rt`' P and charges shall constitute a lein upon the free title to the land and permanent improvements thereon servedthereby, even though the occupant receiving the benefit of such service has merely a leasehold (or other lesser estate) in the premises. If the said service rate or charge is not paid within thirty days after the same becomes due, the amount thereof together with a penalty of ten percent and a reasonable at- as torney' s fee may be recovered by the Sewer Committee by suit filed in the Critten- den County Chancery Court in the name of the Incorporated Town of 'rest hemphis, or in the name of the Trustee in the indenture securing the revemue bonds issued for z the building and construction of said municipally owned sewerage system, or in the "_? name of the bondholders (to such extent as their right to sue in t heir own name may be permitted under said indenture) , and in whichsuit said lein may be fore- closed against such lot, parcel of land or buliding. Sec. 3. The rates and charges herein fixed shall be due and payable monthly in advance and ahall be collected by the Sewer Committee or such person as it may des- ignate and shall be handled and disposed of as may be hereafter fixed by ordinance. Sec. 4. In order to procure aid from the Federal 'emergency dministration of Public works it is necessary that the above rates and charges be promptly fixed, therefore an emergency is hereby declared and this ordinance being necessary for s; the immediate preservation of the public peace, he lth and safety shall take effect and be in force from and after it's passage. Upon motion that the rules be suspended and the ordinance read the second time the following voted in the affirmative: 71. H. Hundhausen, J. 0. Sp L. P. Bernhard, E. G. Jacks, Noah Phillips anc ,7. G. Parker. The ordinance was then read the second time and ordered held until next meeting of the council. There being no further business to come before the meeting, same was adjourned to meet again at the same hour and place on Tuesday the third day of October, 1933. I. H. HUIQDHAUSEN, Mayor, Attenat: J. 0. Spotts, Recorder. ;.:ITdLTTES: Purcusnt to last adjournment the Town Council met in the Director's room of the Bank of West Memphis on Tuesday the third day of October, 1933 at eight o'clock P. M. some being the regular established meeting night, and the following members were present: W. H. Hundhausen, J. 0. Spotts, Noah Phillips and W. G Parker. There being no particular business to come before the meeting, same was adjourned to meet again at the same hour and place on Tuesday the 10th day of October, 1933. W. H. HUN►JHAUSEN, mayor. 2ttest: J. 0. Spotts, .Recorder. MINUTES Pursuant to last adjournment, the Town Council of the Incorporated Town of West Memphis met in the $irector's room of the Bank of West emphis on Tuesday the 1eth day of October, 1933 at eight o'clock P. M. withnthe following members present: W. H. Hundhausen, J. O. Spotts, W. G. Parker, Noah Phillips and L. P. Bernhard, whereupon the following business was transacted towit:- It was moved that a proposed ordinance entitled ('An ordinance to fix the rates and charges for sewerage service furnished by the municipally owned Sewage System; to dellare such rates and charges a lein against the owners of property served thereby and to provide for the collection of samen),be amended as follows: () Amendment No. 1 That the sentence in Section One reading "Users who do not fall within any of the above classifications will be charged equivalent rates to be fixed by the Sewer Committee" be amended so as to read as follows: "Users who do not fall within any of the above classifications or who fall within more_theta one o the above classifications will be charged equivalent rates to be fixed bTryhe Sewer Committee". A;iendient No. 2 That the classifications of Hotels and Booming Houses be striken out and the following classification substituted in lieu thereof: "For each Hotel a charge of 60 cents per room with a minimum charge of 5.00. For each Rooming House a charge of 40 cents per room with a minimum charge of '3.00".J Whereupon it was moved that the rules be suspended and the proposed ordinance with above amehdments be read the third time and placed on final passage, whereupon the following voted in the affirmative: W H Hundhausen, J 0 Spotts, Noah Phillips, W a P arker and L P Bernhard. The amended ordinance was then read the third time and the question being upon the adoption of said ordinance, the roll was called and the following voted in the affirmative: W H Hundhausen, J 0 Spotts, L P Bernhard Noah Phillips and ';d G Parker. Whereupon, said ordinance was declared adopted and the -recorder was directed to spread same upon the record of Ordinances of the Town Of crest Memphis and to have same published as required by law and to number same as NUMBER TWENTY-Fleh (#25) . The question then being upon the adoption of the emergency clause of said ordinance, the roll was called and all members present voted in the affirmative. The following resolution was then introduced: Be it resolved by the Town Council of the Incorporated Town of West Memphis: That the Incorporated Town of West 'Memphis hereby pledges that if --rkansas Highway Number Seventy (#70) project designated as Arkansas -project No.11064 be constructed the said Incorporated Town of West Memphis will at its own cost and expense maintain the same in a manner satisfactory to the Arkansas State Hi;_hway Department and the Secretary of Agriculture of the United States, and will make ample provision each OP year for it's maintenance, and that the Layor and recorder of this Town be and they are hereby authorized to enter into a contract assuring the sap ." 00 Upon call of the roll, the said above resolution was unanimously adopted. t There being no further business, the meeting was adjourned. W. H. Hundhausen, Mayor.Attest: J. 0. Spotts, Recorder. T •P MINU S: On Tuesday the 7th day of November, 1933, the same being the 'regular monthly day fixed for a meeting of the Town Council of the Incorporated Town of West Memphis, the Council met in the Director's room of the Bank of West iriemphis at eight o'clock P. M. the following members being present: W H Hundhausen, J 0 Spotts, Noah 1007 Phillips, W. G. Parker and E. E. racks. There being no business to come before the council, same was adjourned to meet again at the same hour and place on Tuesday 111 the 21st day of November, 1933. W. H. HUNDHIUSEN, Mayor Attest; J. 0. Spotts, Recorder. ElNUPES: Pursuant to last adjournment, the Town Council of the Incorporated Town of West Memphis met in the Director's room of the Bank of West Memphis at eight o'clock P. M. Tuesday the 21st day of November, 1933, with the following members present: W. H. Hundhausen, J. 0. Spotts, Noah Phillips and W. G. Parker. There being no business to come before the Council, same was adjourned to meet again at the same hour and place on Tuesday, the 5th day of December, 1933, the same being the regular fixed meeting date of said Council. W. H. Hundhausen, layer. Attest J 0 Spotts, Recorder. MINUTES: Pursuant to the last adjournment, and the same being the regrlar fixed meeting ,late mt, the Town Council of the Incorporated Town of West emphis met in the Direc- tor's room of the Bank of West i:.emphis ar eight o'clocl P. M. on tuesday the 5th day of December, 1933, with the following members present: A.Aa..).Parger:xx Z 0 Spotts, Noah Phillips and E. E. Jacks. There being no further business to c: .: :'ore the council, same was adjourned to meet again at the same hour and place on Tuesday the 19th day of December, 1933. MINUTES Pursuant to the last adjournment, the Town Council of the incorporated town of West Memphis Arkansas met in the Directors room of the Bank of 'test Memphis building at eight obclock on Tuesday the 19th day of December, 1933 with the following mebers present, W H Hundhausen, Mayor, J. 0. Spotts, Noah Phillips W. G Parker and E H Jacks. There being no business to come before the council, 3s same was adjourned to meet again at the same hour and placeon Tuesday, the 2nd day of January, 1934, same being the regular meeting night of said council. MI:YUTES. Pursuant to the last adjournment, and the date being the regular established meeting night, the Town Council of the Incorporated Town of West lemphis, Ark. met in the directors room of the Bank of West emphis building at eight o' clock I Tuesday the 2nd day of January, 1934. Therollowing members being present; W H Hundhausen, J 0 Spotts, Noah Phillips and L P Bernhard. There being no business to come before the council, same was adjourned to meet again at the same hour and place on Tuesday the 16th day of January, 1934. MINUTES Pursuant to the last adjournment, the Town Council of the incorporated Town of 'West 1''emphis met in the Directors room of the Bank of West Memphis building at eight o'clock on Tuesday the 16th day of January, 1934 with the following members present. W H Hundhausen, J 0 Spotts, W G Parker and L P Bernhard. There being no business to come before the council, same was adjourned until the next regular meeting night, same being Tuesday the 6th. day of February, 1934 at 8 of clock P M. MINUTES: Pursuant to last adjournment, and same being the regularly established meeting night, the Town Council of the Incorporated Town of West Memphis, 41ensas met in the Director's room of the Bank of West Memphis at eight o'clock on Tuesday the 6th day of February, 1934 with the following members present: W H Hnndhausen, J 0 Spotts, Noah Phillips, E. E. Jacks, L. P. Bernhardt and W G Parker. and City Attorney was also present. Mayor hundhausen went into a general discussion of many and varied objects and projects, of interest to the welfare of the City, but no business of importance was transacted, and the Council was adjourned to meet again at the same hour and place on Tuesday the 20th day of Feburary, 1934. MINUTES: 4011 Pursuant to the last adjournment, the Town Council of the Incorpotated Town of West Memphis met in the Director's foam of the Bank of West Memphis building on Tuesday the 20th day of February, 1934 with the following members present: W H Hundhausen, Mayor, J 0 Spotts, Noah Phillips, E E Jacks and W G Parker. There being no further business to come before the Council, same was adjourned until the next regular meeting date. MINUTES: On Tuesday the 6th day of March, 1934, the same being the regurlarly fixed date for the meetings of the Town Council, the Town Council of the Incorporated Town. of West Memphis, Arkansas met in the Director's room of the Bank eof West A m- phis Building at eight o'clock with the following members present: .7 IIHun.d- hausen, J 0 Spotts, Noah Phillips, T G Parker, E E Jacks and L P Bernhard. The following Resolution was passed unamimously: Be it resolved, that in as much as it appears necessary that dome citizen or l� citizens of the Town of West Memphis make a trip to Washington L. C. to neg- d otitate with the Officials of the Public Works Administration, and to be in- strumental in I el_ping to facilitate the loan of the City for funds to build a Sewerage System, the Town Council hereby agrees to defray the Expenses of J. ,H. Johnson, and Mayor Wm. II Hundhausen in making such trip, and that • they are to arrange to be in Washington D. C. On Friday the 16th day of March 1934 at nine o' clock A. M. on such mission.. There being no further business to come before the Council , same was adjourned. OD MINUTES: ilk On Tuesday, the 1st day of May, 1934, same being the regurlarly established meeting night, the Town Council of the Town of west Memphis met in the Director's room of the Bank of West }::emphis at eight o'clock P. M. with the following members ptesent: W H Hundhausen, Mayor, J 0 Spotts, Recorder, C H Brown, L P Bernhard, aldermen; A discussion had arisen as to the disposition of funds in thea :ount Of '178.62 which was represented by-Arkansas State Revenue Tarrant No.109511, payable to the City Treasurer and deposited.by him on April 18th, 1934. This said funds, it was found, is to be set aside for use in pensioning of disabled 7iremen, and after discussion of the matter between the Council, and Ir. J. P. 'Nilson, Secretary and 0. I. Bollinger of the Volunteer Firemen, same was left in the custody of the City Treasurer until futher and future notice. i In the matter of gravelling certain streets in the L. Thompson subdivision, Le action was deferred on this project until futher developments in the organization and assembling of plans for the erettion of. a Church on said subdivision. There being no further business to come before the meeting, same was adjourned, NHS On Tuesday, the 2nd day of July, 1934, the sage being the regurlary established date for meeting, the Town Council of the Incorporated Town of West lr-ersphis, Ark. met in the director' s room of the Bank of West Liemphis Building at eight &'clock P. Y. With the following members present: W H Hu#dhausen, `I G Parker, .J . Jacks, L P Bernhard, C H Brown and J 0 Spotts. There being no unfinished business to cone, the Mayor asked fox discussion of new business matters. A motion was introduced by C. H. Brown that the ifayor appoint a cor,riiittee of three I.:embers to work immaxt dtith Lir. M. C. Bauman, Engineer and A. B. Shafer attorney on the matter of entending the line of City Corporation Limits, so as to include subdivisions now outside of said limits, and to provide more uniform shape to said corporation limits. Upon prope::° second by Noah Phillips, the iayor asked for vote, which was unanimous, .and stated that said appointment would be (�"� made after a day or two of consideration. '. A Motion was then introduced by Noah Phillips that the City Council buy a used } truck for use of the Volunteer Fire Denartment. Upon proper second by :7 G karker, said motion was unanimously adopted and the mayor then appointed C H Brown, I G Parker and L P Bernhard to investigate and make purchase of a used truck, not to enceed a100.00 in cost. . CH Brown, having been to quite expense in making the Sewer Loan Application for the City, both in Travel and Stenographic work, presented a bill of 40.O0 to the City for this reimbursement, and the Council thereby ordered the Recorder and . Treasurer to pay this amount to .1 r. Btown. A bill having been presented to the Council by Frank Graham for the unloading, hauling and spreading of five cars of gravel on the streets in Thompson Subdivision, in the amount of 0165.75, the recorder and Treasurer vas directed by th., Council to pay one-half of this bill. There being no further business, the meeting was adjourned. W. H. Hundhausen, mayor, Attest J' 0 Spotts, Recorder. '. Zi]ii lES f On Tuesday, the 7th day of -august, 1934 the Town Council of the incorporated town of II West iemph s, Arkansas met in the offices of the Johnsen Auto Company at eight o'clock P. ii. with the following members •present: W H Hundhausen, J 0 Spotts, "Zoai, Phillips,' C. H. Brown and 2. 2. Jacks. • There being no unfinished business, the meeting; was declared open for discussion of new business. The Mayor presented a letter and proposal from the West Le mhis :osier & nater Company . ? regarding street lights and fire plugs. nfter discussion of the city's needs in this line, the following resolution was then unanimously adopted. : SOLUTiCN: Be it resolved by the Town Council of the Incorporated Town of 'lest i era;>his, .rkansas that said council, aceent..ari offtnemade by the ;lest .-emphis lower and ;Pater Company to establish and maintain street lights on the following conditions and at the fol- lowing 7:lazes. One light to be placed on U S `diglway ;"70 at 14th street. -nether on said high^ray at 12th and another at 10th st. One at the intersection of sairthighwav with Bth street, and another light further down on. 8th st. as may be determined. useful. One light on U S Highway r70 at intersection of street in front of Lee ':ollanci. Tilling; Station, one light at. the intersection of T3 S idiway n'31 and Fish �.ve, Cae light at the intersection of Cooper rive. and U S Highway Uo.Ci, three more lights conveniently, locate on cooper st. , one at the intersection of IT S Highway 61 and. Dan er `3t., one light at the intersection of said l'Aghvay and Barton Street, one light at intersection of said highway and .pond St. , and three lights on secon: street, conveniently located, and 1 three whiteway lights on the triangle at the intersection of t7 S Highways Ne.61 and 70. The conditions of such proposal being as follows: That the Nest empl:is lower :ct er Co. , agrees to furnish and rir..tain eleven of said lights free of any cost for a period of five ;,ears from date of installation., including the three l7hitewuY lights at the . intersection of ? i-hwal•s .io.61 and 70. The ether ten lights to be furnished the cite u. at it's regular rate as shown in the Franchise to said :lest eraphis over • ',Vater Co. , with a regular discount of 15';%, which is in line wttl' the rate rE'dn(r`inn made in Town and an additional 10 discount, nakin,; the net cost on a basis of < 1W50 per light per month The additional lO;'1; discount being allow:CI on the basis Of the bill being paid on of' before the 10th of the month following. , i They_ l,.ayor then presentee? a letter from. the ;;est 1`emphis :Lower rater Company relative ca010 to City ''ire :lugs, whereupon the following resolution eras unanimously adopted: SOLUTIO : Be it resolved by the Town Council of the Incorporated Town of lest EeMphis, , :.rkansas that the said Council instruct the lest Lem-phis rower and ,Pater Cormany to, install and maintain one fire plug at the intersection of U S Highways :0.61 and 70. - There being, no further business to come before the council, same was adjourned to meet again at the same hour, and in the Director's room of the Bank of .Pest : em,his Building on Tuesday the 21st day of =iu ust, 1934. .I. I. HU DiiAUS- , A.-ayor. } i ecorder. —5i _ J. C. Sgotts, Ieiinu1;os ' The Town Jol.uneJ.1 of the inc0='porate2J Town of siest Le::;phis, :'.rkansas, met in regular session on the •ttn day of .septeLn er, 1(.164, at est :,iemphis, Arkansas its usti. 1 'place of meeting. The meeting was called to order by the La`ror and on roll call the following members answered "Present" , being all the members of the council: Mayor h. iiundhausen ' Recorder J. 0. 6potts Alderman E. E. Jacks Alderman ioah Phillips Alderman ,i. G. Parker Alderman L. P. 3ernhard Alderman J. H. 13rown . The minutes of the last meeting were read and approved. Alderman C. H. iirown offered the following resolution, which was read r--', $ , in Bull by the Recorder. Alderman Brown then moved its adoption, which motion, was seconded oy :alderman L. P. Bernhard : Resolution BE IT R1,,JOL1J 'J by the 'Town i Council of the ;:own of West Memphis, Arkansas, that the following Loan an Grant Agreement with the United Mates of America be approved and th t the same be executed on behalf of the Town by the :;;embers of the 3ewor Committee and the Mayor and attested by the Town Recorder: Loan and Grant Agri. merit dated as of ((�� (( + t 1MM.JJttaa , betwe,,n the 4 i JV :,.) .J 1 0'.'i Jy-, ijEL5�. 1.11..1.a)ii16., ,, ITI'.,i,J 1. ..',.i<' 1'?r', A .L11; ; 3 . ( herein called the 3orrower'') and ehe United Statee of America ( herein called the "Government") . PART ODDS! 1. Purpose of Agreement. Subject to the terms and conditions of this Loan and Grant Agreement ( herein called the Agreement'') the Government will, by loan and grant not exceeding in the aggregate the sem of . 62,000 ( herein called the "Allotment") aid the Borrower in financing a project ( herein called the "Project'') consisting of the construction of a sewer system, all pursuant to the Borrower ' s application ( herein called the "Application") , P.►i.A. Docket 1'o. 2615 Title 11 of the National industrial Recover] Act ( herein called the ."Act") and the Constitution and Statutes of the State of Arkansas , ( herein called [I] the "State") . 2. Amount and Method of i'.iar;ine Loan. The Borrower. will sell and the Government will buy, at the pri ee .p.zi amount tnereof plus secured interest , „4&,0J0 aggregate principal amoc.nt of the uonds described below ( herein called the "Bonds") less such amount of the Bonds, if any, as the Borrower may sell to purchasers other than the Government . ( a) Designation: sewer Revenue Bond. b) Au£horized Amount: •k4b 000. c Type: ryeeoefauie , special obligation, coupon bond. ( d) Registration: fegisterable at the option of the holder as to • principal only. • e) Date: September 1, 1934. ( f) Interest: at the rate of 4 per cent per annum payable on March a., • 1935, and semi-annually thereafter on uhe first days of Septemuer and ,'March in each year. ( g) Maturities: Payable on March 1 in years and amounts as follows: Year Amount Year Amount 1936 3500 1948 $3,000 1937 500 1949 3,000 1938 • 500 1950 • 3,000 le 39 500 1951 3,000 1940 1,000 1952 3,000 7 1941 1 ,000 1953 3,000 ' 1942 1,000 1954 • 3,000 • 1943 2,000 1955 3,000 1944 2,000 1956 3,000 • 1945 2,000 1957 3,000 11946 2,000 1958 3,000 1947 2,000 (h) Security: Special obligations of the 3orrower, sec'.,.red uy an . exclusive first charge upon and pledge of the revenues of the Borrower ' s entire sewer system ( ireleeing all future additions and improvements thereto) remaining after deduction only for operation, repair and maintenance expenses. . ( i) Place and, l.iediu:e III t'aymene: Payable in any coin or currency which, on the respective dates of payment of the principal of and ' interest on the bonds, is legal tender for the . paymeant of puulic and 1 " private debs, at tie office of the treasurer of the :3orrower, in the town of rest Memphis, Arkansas. •. ( j ) Denomination: 41,000 and 4500. i 3.Amount and Method of i,iaking Grant. The Government will cnuke• and the Borrower will accept, whether or not any or all of the bonds are fl sold to purchasers other than the Government , a grant ( herein called the "Grant") in lanemployed mnteoual o 30 per cernt� th, of the, cost, of thelabor p the r jece. the etermina ion b he 2ederal 4mergence Administrator of Public Works ( herein called the "Administrator") of the cost of . he labor and materiels employed upon the Project shall be conclusive. The Government will make part of the Grant by payment of money and the remainder of -the Grant by cancellation: of Bonds or interest coupons or both. If all of the bonds are sofa to purchasers other than the Government , the Government will make the entire Gant by payment of money. In no event shall the Grant , whether made partly by payment. of money and pa,rtiy by cancellation, or wholly b; payment of money, be in excess of $16,400. 4. Bond Proceedln s. ~then the Agreement has been executed, ' the _ 6, Borrower ( unless it ha : aL ad,Y done so) snail promptly take all roceedings necessary for the authorization and issuance of the Bonds. K'S 5. Bond and Grant Requisitions. Prom time to time after the execution of is agreement , the 3orrower shall file a requisition with the £' Government requesting the Government to take up and pay for Bonds or to make a payment on account of the Grant. ..:ach requisition shall be sc- compained by such documents as may be requested be the Administratro ( a requisition together with such documents being herein collectively called a "Requisition") . u. Bond Purchases. If a Requisition requesting the Government to take ie up and pay for Bonds is satisfactory in form and substance to the • �., Administrator, the Government, within a reasonable time after the receipt of sech Requisition, will take up and pay for Bonds, having maturities satisfactory to the Administrator, sufficient funds for the construction of the Project for a reasonable period. Payment for suen Bonds shall be made at a federal Reserve :Bank to be designated by the Administrator or at such other place or places as the Adminis- trator may designate , against delivery by the Borrower of such Bonds, having all unwatered interest coupons attacked thereto , together with such documents as may be requested by the Administrator, The Government shell be under no obligation to take up and pay for Bonus beyond the amount which in the judgment of the Administrator is needed by the Borrower to complete the Project. 7. Grant 0a I1ent of :ione,y. If a Requisition requesting the Govern- ment to make a payment on account of the Grant is satisfactory in form and substance to the Administrator, the Government will pay to the Borrower at such place or places as the Administrator may designate against delivery bj the aorrower of its receipt therefor, a sum of money equal to the ,diiference between the aggregate amount previously paid on account of the ;,rant , aid ( a) 25 per centem of the coat of the la .or and utateriale shown in the Requisition to, have been employed upon the Project if the Requisition shows that the Project • has not been completed, or ( b) 30 per centum of the cost of such labor and materials • if the Requisition shows that the Project has been completed and that all costs incurred in connection therewith have been determined; ' ro ides however irat 1"j$epantexce seo rr ne 'ai er nCey 'e week o ne drrower iha no Allotment and the amount paid ( not including the amount paid as accrued interest) for the Bonds taken up by the Government . The Government reserves the right eo make any part of the Grant by cancellation of Bonds or intereae coupons or both rather than by paayment of money if, in the judgment of the Administrator, the Borrower does not need the moue 4e cost incurred in connection with the construction of the Project. b. Grant Liz Cancellation of Bonds. If the Borrower , within a reason- able time a:,'tcr the completion of the Project, shall have filed a Requisition, satisfactory in form and substance to the Administrator, then the Government will cancel such Bonds and interest coupons as may be selected by the Administrator in an aggregate amount equal ( as nearly as may be) to the difference between 30 per centum of the cost of the labor and materials employed upon the Project and the part of the Grant made by payment of money. The Government will hold Bonds or interest coupons for such reasonable time in an amount sufficient to • permit compliance with provisions of this 2aragraph, unless paymer)t of such difference shall have been otherwise provided for by the • Government. �• 9. Grant Advance. At any time after the execution of this Agreement the Government gnu;, , upon request of the eorrower, if in the judgment • of the Administrator the ciroumstatces so warrant , make advances to the Borrower on account of the Grant , "gut such advances shall not be in excess of 60 per cent°em of the cost of the labor and materials to be employed upon the Project , as estimated by the Administrator. 10. Deposit of Bond Proceeds and Grant; Bond Fund ; Construction Accounts. The Borrower shall deposit all secured interest which it receives from the sale of the Bonds at the time of the payment therefor and any paement on account of the Grant which may be made under the .provisions of Paragraph 5, PART OLE, hereof, into an interest and bond retirement fund account ( herein called the ''Bond Fund'') promptly upon the receipt of such accrred interest or such payment on account of the Grant. It will deposit the remaining proceeds from the sale of the Bonds ( whether such _3onds are sold to the .overnment or other 70 purchasers) and the part of the Grant made b : payment of money under the provisions of Paragraph 7, PART a:.:, hereof, promptly upon the receipt of such proceeds or payments in a separate account or accounts ( each of such separate accounts herein called a "Construction Account ") , in a bank or banks which are memberso of the Federal Reserve 3ystem and of the Federal Deposit insurance corporation and which shall be satisfactory at all times to the Administrator. 11. disbursement of Monies in Construction- Accounts and in Bond Fund . The Borrower shill expend the monies in aConstruction recount on - for such purposes as shall have been previously specified in lequisitions filed with the Government. and approved by the Administrator. Any monies remaining unexpended in any construction Account after the completion of the Project Which are not required to meet obligations incurred in connection 'with the construction of the Project shall _fl either ue paid into the 3ond i:'und, or said monies shall be used for the purchase of such of the Bonds as are then outstanding at a price not exceeding the principal amount thereof plus a.ccurod interest. • Any Bonds so purchased shall be cancelled and no additional Bonds shall �--' be issued in lieu thereof. The monies in the Bond Fund shall be used solely for the purpose of paying interest on and principal of the Bonus. 12. Other Financial Aid from the Government. if the Borrower shall receive any funds ( other than .thoue received under this Agreement ) - directly or indirectly from the .Government , or any agency or in- strumentality thereof, to aid in financing the construction of the Project , to the extent - that seen funds are so received the Grant shall ce reduced , and to the ' extent '' that such funds are so received exceed the part of the Grant which would otherwise be made by payment of money, the aggregate principal amount of Bonds to be purchased by the Government shall be reduced. 1:J. Conditions Precedent to the Government ' s Obligations. The Govern- ment shall be under no obligation to pay for any of the 3onds or to make any Grant: ( a) 2jnanvial Condition and 3udget. If, in the judgment of the Administrator, the financial condition of the Borrower shall have changed unfavorably in a material degree from its. condition as theretofore represented to the Government, or the ' Borrower shall have failed to balance its budget satisfactorily or shall have failed to take action reasonably designed to bring the ordinary current expenditures of the Borrower .within the prudently estimated revenues thereof; ( b) Cost of Project. If the Administrator shall not. be satisfied that the Borrower will be able to complete • the Project for the sum of 462,000, or that the Borrower will be able to obtain, in a manner satisfactory to the Administrator, any additional funds which 'the Adminis- trator shall estimate to be necessary to complete the Project; ( e) Compliance . if the Administrator shailnot be satisfied that the Borrower has complied with all the provisions contained in this Agreement or in the proceedings authorizing the issuance of the Bonds, theretofore to be complied with oy the Borrower; ( d) Legal Latters. If the Administrator shall not be satisfied as to all legal matters and proceedings affect- ing the Bonds, the security therefor or the construction • of the Project; - - ( e) Representations. if any representation made by the Borrower in this Agreement or in Application or in any supplement thereto or amendment thereof, or in any doc- ument submitted to the Government by the 3orrower shall be found oy the Administrator to be incorrect or incomplete in any material respect ; or ( f) .Bond and Rate Ordinances. if the Borrower -shall not adopt an ordinance autholizin : Inc issuance of the Jonas and an ordinance establishing the rates for sewer service, both of which shall be satisfactory in form, . sufficiency and substance to the Administrator. faRi' 'In10 Sri CO1'+3 0 0 GRAY , T}: J01, 2E1.: _.— 1. jor;struut on dork. All work on the Project shall be on subject 71 to the rules and regulations adopted by the :administrator to carry out the purposes and control the administration of the .act. ee following rules and regulations as set out in :3ulletin ro. 2 , Lon04 - e'ederal projects revised Larch 3, 19.54, entitled ''P.`d.... R"e;QUiR • . :: s ; as to BIDS CONTRACTORS' BONDS AND CONTRACT• WAG , A:' ) L:i 10R PRO- V1610146 .1Y. J (.,li:+L-3 .L IIy;;nC C Ti )i . A ; 10 1 LI O.1i i 3I' 5 AU.) LO:d 3 .!U.1 GRANTS"' , shall be incorporated verbatim in all construction contracts for work on the project ( in such construction contracts all bler. spaces shall be filled in as provided in said 3ulletin) : "1. ( a) Convict labor. --Do convict labor shall be employed ee on the project , and' no materials manufactured or produced by convict labor shall be used on the project. . "( b) Thirty-hour week.-iixcept in executive , administrative , add supervisory positions, 10 far as practicable and feasible in the judgment of the Government engineer, no individual directly employed on the project shall be permitted to work more than 8 hours in any 1 day nor more that 30 hoL,-rs in any 1 week: Provided, That this clause shall be construed to permit working time lout because of inclement weather or unavoidable delays in any 1 week to be made up in the succeeding 20 days. "( o) Do work shall b:3 permitted .on Sundays or legal holidays except in cases of emergency. 1 7 "2. Sages.--( a) All employees directly employed on this pQ work shell be paid just .and reasonably: wages which shall be compen- sation sufficient to provide , for the hours of labor as limited, a standard of living in decency and comfort. Such wages shall in no event be less than the minimum hourly wage rates for skilled and unskilled labor prescribed by the :Administrator for the zone or zones in °:rnicn the work is to be done , viz: Skilled lauor ., Unskilled labor "( b) In the event that the prevailing hourly rates prescribed under collective agreements or understandings between } ree organized labor and employers in effect on April 30, 193i, shall be above the minimum rates specified above , such agreed wage rates shall apply: Provided, That such agreed wage rates shall be effective for the period of .this contract, but not to exceed 12 months from the date of the contract. "( a) Tne , above designated minimum rates. are not to be used in discriminating against assistants, helpers, apprentices, and serving laborers who work and serve skilled journeymen mechanics and who are not to be termed as "unskilled laborers. " "( d) The provisions of -this contract relating to hours and minimum wage rates for labor directly employed on the project shall for the purposes of this contract, to the extent applicable , supersede the terms of avy code adopted under Title 1 of the act permitting longer hours or lower minimum wage rates. "( e) All employees shall be paid in full not less often than once each week and in lawful money of the United States, unless otherwise permitted by the Government engineer, in the full amount aucured to each individual at the time of closing of the pay roll, which ::hall be at the latst date practicable prior to the date of payment , and there shall be no deductions or rebates on account of good p._.rchased , rent , or other obligations, but s..ch obligations .- shall be subject to collection only b,y legal process: Provided , however , k That this clause shall not be construed to prohibit the making of deductions for premiums for compensapion and medical aid insurance , • in such amounts as are authorized by the laws of to be paid by employees , in those cases in which after the malting of the deductions, the wage rates will not be lower than the minimum wage rates herein established. "( f) A clearly legible statement of all wage rates to be paid the several classes of labor employed on the work, together witn a statement of the deductions therefrom for premiums for -work- men' s compensation and/or medical aid insurance authorized by the laws of , should such deductions be made , l shall ue posted in a prominent and easily accessible place at the site of the woe', and there shell be kept a true and accurate record of the hours worked by and the wages, exclusive of all authorized deduc- tions, paid to each employee , and the engineer inspector shall be furnished with a sworn statement thereof on demand . "( g) The sourd of Labor Review ( herein balled the Board ") shall hear all labor issues arising under the operation of this contract and such issues as may rault from funaamental changes in economic conditions 'Lying the life of. this contract. • "( h) The minimum wage rates herein established shall be subject to change by the Administrator on recommendation of the Board. In the event that, as a result of fundamental changes in economic conditions, the Administrator, acting on such recommendation, . from time to time established different minimum wage rates ( referred to in paragraph 2 ( a) , ( b) . and ( c) hereof) all contracts for work on the project shall . be adjusted accoringly ay the parties thereto so that the contract_ price to the contractor under any contract or to any subcontractor under any subcontract shall be increased by an • amount equal to any such ino'reased cost , or decreased in an amount equal to such decreased cost. ( i) Engineers, architects, and other professional and subprofessional employees engaged in duties normally done at the site of the project shall receive at least the prevailing rates for the various types of service to be rendered , provided that in no case shall professional employees receive less that the following weekly compensation. 40 hours or less irrespective of the number . of hours employed: 406.00. in the northern zone ; 433.00 in the central zone ; and 400.00 in the southern zone . ;here the working week is longer than 40 hours, weekly compensation shill be increased proportionally. Compensation under this paragraph shall be subject to the approval of the government Engineer. "3. ( a) Labor Preferences.--Preference shall be given, where they are qualified to ex-service men with dependents, and then in the following order: (1) To citizens of the United States and aliens who have declared their intention of becomin citizens who are bona fide residents of ( political subdivision. and/or county) and ( 2) to citizens of the United States and aliens who. have declared their intention of becoming citizens, who are bona fide re • - sidents of ( State , Territory, or district) provided , That these preferences shall apply only where such labor is available and qualified to perform the uo:.'k to which the employment . relates. "( b) Employment services.-To the fullest extent possible , labor required for the. project and appropriate to oe• secured through employment services shall be chosen from- the lists of qualified workers submitted by local employment agencies designated by the • United States Employment Service: Provided, however, That union labor, skilled and unskilled , shall not be required to register at such • local employment agencies, but if such labor is desired by the employer, shall be secured in the customary ways through recognized union locals. In the event , however, that employers who wish to employ union labor are not furnished with qualified union workers by the union locals which arc authorized to furnish such labor residing in the locality within 48 hours ( Sundays and holidays excluded) after request is filed by the employer, all labor shall be chosen from lists of qu _ =urr:ers submitted by local agencies designated by the United States Employment Service. In the selection of workers from lists prepared by such employment agencies and union locals , the labor preferences provided in section ( a) of this paragraph 3 shall be observed, and preferencc : shall . be :given to those unemployed at the date of registration who, at the date of selection, have no other • available employment. "( c) • Compliance with Title 1 of the Act. --The following . sections 7 ( a) ( 1) and 'r ( a) ( 2) of Title 1 of the act shall be observed; "( l) That employees shall have the right to organize and bargain collectively through representatives of their own choosing , and shall be free from the inter- ference , restraint, or coercion of employers of labor, or their agents, in the designation of such represen- tatives or in self-organization or in other concerted activities for the purpose of collective bargaining or other mutual aid or protection; ( 2) that no employee and no one seeking employment shall be required as a condition of employment to join any company union or to refraim from joining , organizing or assisting a • labor organization of his own choosing. 14 Human labor. --The maximum of human labor shell be used in lieu of machinery wherever practicable end consistent with sound economy and public advantage ; and to the extent that the work may z -. be uecornpliseel at no greator expense by human labor than by the use ee of Machinery, and labor of requisite qualificarions is available , such human labor shall be employed . "5. ece penaation insurance . --Every employer of labor shall provide if permitted ey the laws of , adequate workmen' s compensation insurnee for all labor employed by him on the project who may come within the protection of such laws and shall provide , where practicable , employers ' general liability insurance for the benefit of his employees not protected by such compensation laws, and proof of such insurance satisfactory to the re-,I Government engineer shall be given. there it is not permitted by law that such insurance be provided , some method sati .;_. .. '.. w :. to the Administrator must be provided by which the employees may , by paying the entire amount of the premiums, derive a similar protec- tion. "6. Persons entitled to benefits of labor provis r ., . There shall be e-tehc�'i�ed to every person who 'periormmss the work of a laborer or of a mechanic on the project or on any part thereof the benefits of the labor and wage provisions of this contract, re= gardless of any contractual relationship between the employer and v-i such laborer or mechanic . There shall be no ciscrimination in the C7 selection of laoor on the ground of race , creed, or color. pq "7 . Withholdin, payment.--under all construction con- -et , tracts, may withhold from the contractor so much of accrued payments as may be neeesary to pay to laborers or ' mechanics employed on the work the difference between the rate of . wages required by this contract to be paid to laborers or mechanics on the work aid the rate of wages actually paid to such laborers or mechanics. 'o. Accident prevention. --Reasonable. precautions shall at all times be exercised for the safety of employees on the work and applicable provisions of the Federal,. State , and municipal safety laws and building and construction codes shall be observed. All el machinery and equipment and other physical hazards shall be guarded--in accordance with the safety provioions of the Manual of Accident pre- vention in (Jonstruction of the Associated General Oontraotors of America, unless and to the extent that such provisions are incom- patible with Federal, State, or municipal -laws or regulations. ¶e . 14. R. A. Oornpliance .--The contractor shall comply with each approved code of fair competition to which he is subject , and if he is engaged in any trade or industry for which there is no approved code of fair competition, then as to such trade or industry with an agreement -with the President under Section 4 ( a) of the ivaeional ndustrial. Recover �t ( President' s Reemployment Agreement) and sail have the right, su Jeot to the approval ( The borcower) of the Government engineer, to cancel this contract for failure to comply with this provision and make open market purchases or have the :'.ork called for by this contract otherwise performed at the expense of the contractor. So far as articles, materials or supplies produced in the "Jnited States are concerned , no articles , materials or ,supplics shall be accepted or purchased for the performance of the wore: nor shall any subcontracts be entered into for any articles, • materials or supplies, in whole or in part produced or furnished by any person who shall not have certified that he is complying with and will continue to comply with each code of fair competition which relates to such articles , materials or supplies, and/or in case there is no approved code for the whole or any portion thereof then to that { extent with an agreement with the President as aforesaid. "10. ( a) Inspection of records. --The Administrator, through his authorized agents, shall have the right to inspect all work as it • progresses, and shall have access to all pay rolls, records of personnel, invoices of materials , and any and all other data relevant to the erformenee of tnis contract. There shall be submitted to the 'Administrator, through his authorized agents, the names and addresses of 'all personnel and such schedules of the cost of labor, costs and . quantities of materials , and other items, supported as to correctness . by such evidence , as, and in such form as, the Administrator, through his authorized agents, may require . The submission and approval of said schedules, if required , snail be a condition precedent to the making of any payment under the contract. 74 "( b) . There shall be provided for the use of the engineer inspector such reasonable facilities as he may request. 'n case of dispute the Government engineer shell determine the reasonableness of the request. "11. Reports.--Every employer of labor on the project shall report within 5 days after the close of each calendar month, on forms to be furnished by the United States :)apartment of Labor, the number of persons on their respective pay rolls directly con- nected with the project , the aggregate amounts of such pay rolls, and the man-hours work, wage scales paid to the various classes of labor, and the total expenditures for materials . Two copies of each of such monthly reports are to ee furnished to the Government. engineer, and one copy of each to the United States Apartment of Labor. The contractor under any construction contract shall also furnish to to the Government engineer and to the united — t ( The borrower) States Apartment of Labor the names and addresses of all subcon- tractors on the work at the earliest date practicable . Lee "12. There shall be provided all necessary services. and all materials, tools, implements, and appliances required to perform and complete entirely and in a workmanlike manner the work .provided for in this contract. Except as otherwise approved in writing by the Government engineer; such services shall be paid for in full at least once a month and each materials, tools, implements, end appliances shall be paid for at least once a month to the extent of e0 percent of the cost • thereof to the contractor, and the remaining 10 percent shall be paid -30 days after the completion of the part of the werk in or on which such materials, tools, implements, or appliances are • incorporated or used. "13. ,iigns. --Signs bearing the legend Public Works Project No. shall be erected in appropriate places at the site of the project. • "14.Al1 reasonable rules and regulations which the Public Works Administration may prescribe toward the effectuation of the matters covered by paragraphs 1 to 13, inclusive , shall be observed in the performance of the work. "15.Subcontractors. --( a) Appropriate provisions shall be s^ inserted in all subcontracts relating to this work to insure the fulfillment of all provisions of this contract affecting such sub- 4.._ contractors, particularly paragraphs 1 to 14, inclusive . "( b) To bid shall be received from any subcontractor •who • has not signed U. S. Government Form eo. i'. W. A. 61, revised ( ;.:arch 1934) . "16. iermination for breach. --in the event that any of the provisions of paragraphs 1 to 15, inclusive , of this contract are violated by the contractor under . the construction contract or by any subcontractor under any subcontract on the work, ( The borrower) may, subject to the approval. of the Government engineer, and upon request of the .administrator, shall terminate the. contract by serving written notice upon the contractor of its intntion to terminate such contract , and , .unless within 10 days after the serving of such notice such violation shall cease', he contract shall, upon the ex- piration of staid 10 days, cease and terminate . in the event of -any such termination may take over the work and prosecute ( The borrower) the same to completion or otherwise for the .acco..nt and at the expense of the contractor and/or such subcontractor, and the contractor and his sureties shall be liable to for any excess ( The borrower). post occasioned in the event of any such tcrrni- ( 'The borrower) . nation, and may take possession of anct ( The borrower) utilize in cornpleir.g the work, such materials, appliances, and plant as may be on the site of the work, ' and necessary therefor. This clause shall not be construed to prevent the termination for other causes provided in the construction contract. "17.Jefinitions.--The term "Act" as used herein refers to the iational induetrial Recovery Act. The. term "Government engineer" as used herein shall mean the State engineer ( P. R.A. ) or his _ dud,: authorized representative , or any person designated to perform his duties or functions under this agreement by the Administrator. The team "engineer inspector" as used herein refers to State engineer inspectors, resident and assistant resident engineer inspectors, and iappol C1 4 J- U,/ tr1 t- -1U1:.:1.[1= 51�1'd ut)1 , Lne 1t IIJI 7 "materials'' au ueed herein ineludeo, in eaddit. on to Eatc. iele in- aorporeted in tne project used or to be esc:,i in tine opera on thereof, sauiprnent and other matey aie used ane or conevemed in the performances of the work. " 2. Restriotion as to Contractors. The Borrower shall receive no bid from any contractor,nor permit any contractor to receive any bid from any subcontractor , who has not signed U. J. Government Form No. .'. W. A. 61, revised March, 1934. 3. :sends and Insurance . Construction contracts shall be supported by a equate surety or other bonds or .,.ecurity satisfactory to the Administrator for the protection of the Borrower, or material men,and of labor employed on .the Project or any part thereof. The contractor under any construction contract shall. ue required to provide public liability insurance in an amount stisfactory to the Administrator. 4. force account . All construction work on the Project shall be done under contract , provided , however , that if prices in the bids are excessive , the Borrower reserves the right , anything in this Agreeuent to contrary notwithstanding, to apply to the Administrator for permission to do all or any part of the Project on a force account basis. ..—� 1. .:onetruction of project. Lot later than upon the receipt by it of the first .3ond payment , the Borrower will commence or cause )n to be. commenced the construction of the Project,and the Borrower will t^ercafter continue such construction or cause it to be continued to completion with. all practicable dispatch, in an efficient and economical manner, at a reasonable cost and in accordance with the provisions of this Agreement , plan_ , drawings, specifications and construction contracts white shall be satisfactory to the Administrator, and ander suoh engineering supervision and inspection a;; the _adminis- trator may require . iixcept with. the written consent of the Adminis- trator , too elateri.els or equipment for the Project shall be purchased by the Borrower. subject to any chattel mortgage , or ar;y conditional sale or title retention agreement . --, 2. Information. During the construction of the Project the { Borrower will furnish to the Government all such information and data as the Administrator may request as to the construction, cost and progress of the work. The Borrower will .fer.nish to the Government and to any purchaser from the Government of 25 per centum of the Jonds, such financial statements and other information and data relating to the Borrower as the Administrator or any such purchaser may at any time reasonable-require. a. Represents Lions and earranties. The Borrower represents and warrants as follows: ( a) Litigation. eo litigation or other proceeds s are now pendir1g Or Lheeatended which might adversely aff 'ct now the bonds, the security therefor , the construction of the Project , or the financial condition of the Borroyer; ( 'o) Financial Condition. The character of the asseuts and the financial condition of the 13orrower are as favorable • as at the date of the Borrower' s most recent financial statement, furnished to the Government as a part of the Application, and there have been no changes in the character of such assets or in such financial condition except such changes as are necessary and incidental to the ordinary and usual conduct of the Borrower' s affairs; ( c) Fees and Commissions. It has not and does not intend to pay any bonus, fee or commission in order to secure the loan or grant hereunder; ( d) Affirmation. Every statement contained in this _igree- ment, in the Application, and in any supplement thereto or amendment thereof, and in any other document submitted to the Government is correct and complete , and no relevant fact materially affecting the 'Bonds, the security therefor, the Grunt or the Project , or the obligations of the Borrower under this Agreement has been omitted therefrom. 4. sale of Bonds b ,• the Government. The Borrower will take all such steps as tW Goverumeen ay reasonably request to aid in the sale by the Government of any or all of the Bonds. Upon request , the Borrower will furnish to the GOVernment or to any purchaser or or purchasers from the Government of 26 eer centum of the Bonds, information for the preparation of a bona circular it. customary form, signed by the proper official of the Borrower, containing such data . as the Government or such purchaser or purchasers may reasonably request concerning the Borrower. 6. expenses. The Government shall be under no obligation to pay any costs, charges or expenses incident to compliance with any of the duties or obligations of the Borrower under this Agreement including, without limiting the generality of the Foregoing, the cost • of preparing, executing and delivering the Bonds, and any legal, engineering end accounting costs, charges or expenses incurred by the Borrower. u. Waiver. Any provision of this Agreement may be waived Borrower amended witn in consent of the orrower and the written approval of the Administrator, without the execution of u new or supplemental agreement. 7. Interest of I,iember of Congress. No Member of or Delegate to the Congress of the United States of America shall be admitted to any share or part of this Agreement, or to any benefit to arise there- upon. e. Validation. The Borrower hereby covenants that it will institute , prosecute and carry to completion in so far as it may be within the power of the Borrower, any and all acts and things to be per oruwd or done to seeere the enactment of legislation or to accomplish such other proceedings , judicial. or otherwise , as may be necessary, appropriate or advisable to empower the Borrower to issue the Bonds and to remedy any defects, illegalities and irregularities in the proceedings of the Borrower relative to the issuance of the Bonds and to valideLe tee same after the issuance thereof to the Government, if in the judgment of the Administrator such action may be deemed necessary, appropriate or advisable . The 3orrower further covenants that it will procere end furnish to the Government , as a condition precedent to the Government ' s obligations hereunder a letter from the Governor of the. State stating that if in the. jud ; nt of the Administrator it may be advisable to cnlct legislation to empower the Borrower to issue the Bonds or to remedy any defects, illegalities or irregularities in the proceedings of the orrower relative to the �. issuance thereof or to validate the same , said Governor will re- commend and cooperate in the enactment of such legislation. 9 . Miscellaneous. This Agreement shall be binding upon the parties hereto when a copy thereof, duly executed by the Borrower and the Government , shall have been received by the Borrower. This reementoshalle a,agoverned by and be construed in accordance with lawse . 10. Teaming of Project. The Project shall never be named except with the written consent of the Administrator. 11. Undue Delay the Borrower. If in the opinion of the .administrator, +.�hion shall be conclusive , the Borrower shall delay for en unreasonable time in carrying out any of the duties or obli- gations to be performed by it under the terms of this Agreement , the Administrator may cancel this agreement. • 12. Constrution of Agreement. If any provision of this Agreement shall uc invalid in whole r in part • to the extent it is nOt invalid it shall be valid are effectiv end no such invalidity shall affect , in whole or in part, the validity and effectiveness of any other provision of this Agreement or the rights or obliga- tions of the parties hereto, provided, in the opinion of the Ad- ministrator, the Agreement does not thin violate the terms of the Act. In Witness Whereof, the IiJCO iPOI A T.0 TO Oil' LaT .: LPF�:I 3 l respectively caused this Agreement, to be duly executed as of the day and year first above written. 1I;C0-2.2 U...a':.' :J ?Oa OF ';JE T ?,i L TI3 By 'i. H. Hundhause:n I..ayor J. C. Johnson .3eal: Attest: • . H. Brown J. 0. .3jotts - .__meers of .3- wer Committee Recorder UNITeJ 3TATi OF A1a:RICA • ey r-� Pederal 'mergence ;administrator of Public 'Works, On roll call, the following members of the Council voted in favor of th e motion: Mayor 4. H. Hundhausen Recorder J. 0. .3potts , Alderman ui. E. Jacks `'.) Alderman leoah Phillips Alderman W. G. Parker Alderman L. P. 3ernhard e:ldermari C. H. Brown The i.iayor than declared the motion unanimously adopted. Alderman 4. G. Parker offered the following resolution, which was read in full be the 'Town Recorder, and on motion duly made and seconded that it be adopted , all members of the Council voted in the affirmative : & iT Ai aW 'L i by the Town Council of the Town of ,peat :Memphis, Arkansas, that the firm of Rote , Hemingway, Cantrell & Loughborough be and are hereby employed to act as advisory counsel in. connection with the proceedings authorizing the construction of a sewer system for the Town of ', est Memphis and the issuance of bonds with which to raise funds to pay for the same , and also as counsel to give an opinion to the purchaser approving said bonds, for a fee of 562.60, to be paid only out of the proceeds of said bonds. There is appropriated out of the first monies coleing into the hands of the Town Treasurer from the proceeds of said bonds a sum sufficient to pay said fee of ?b62.4O, and the said Treasurer is hereby authorized and directed to pa;;' said fey: to said attorneys. PASS:_:,): -ieptember 4 19.34 APPRo Li J: 4rn. H. Hundhausen Mayor i n J. U. apotts Town Recorder Upon motion by e. G. Parker that the mayor appoint a committee to in- vestigate the taking over the proposition of purchas. ng the ;lest �.:emphis Power E, ,later Co. under provisions contained in ordinance feb and e granted the franchise to said company, the i.iayor thereby appointed L.P. Berhhard, C. H. Brown and J. 0. Spotts to make such investigations and report to the Council at their next meeting the results of their findings. There being no further business, the meeting adjourned to meet again at the same hour and place on Tuesday the loth of Ceptember lr a4. Town :eeor• er �'o1 � Mfl U2h'S: Pursuant to the last adjourn rent, the Town Council of the incorporated Town of West IY'emphis, Arkansas met in the director's room of the Bank of West Memphis Building at eight o'clock P. M. on Tuesday, the 18th day of September, 1934, with the following present: W H Hundhausen, J 0 Bpotts, Noah Phillips and L P Bernhard. There being no business, and nothing in regard th the develppment of the Sewer Project having materilized, the meeting was adjourned, on motion by Noah Phillips. W. H. Hundhausen, Mayor. Attest, J 0 Spotts, Recorder. MINUTES On Tuesday, the 2nd, day of October, 1934, and the same being the date of the rqgular establishdd meeting of the Town Council, said Town Council met in the Director's Room of the Bank of Nest Memphis at eight o'clock P. H. with the following members present: W H Hundhausen, J. 0. Spotts, Noah Phillips C H Brown and W G Parker. City Attorney having advised that the State PWA requested the Sewer Committee to furnish said State PWA with five copies of a Contract with ,the said Sewer Committee and the City of West Memphis had with an Engineer, the Natter was deferred until such time an the Sewer Committee could negotiate an agreement with an engineer. There being no further business to come up, upon proper motion, the meeting was adjourned to meet again at the same date and place on Tuesday the 9th day of October, 1934. W. H. Hundhausen, Attest; J 0 Scotts, Recorder. T{7�T lIIL':IPTES Pursuant to the last adjournment, the Town council of the Incorporated Town of West Memphis, Arkansas met in the private office of the JohnsonAuto Co. in West Memphis r-e, at eight o'clock P. Y. on Tuesday the 9th day of October, 1934. Upon call of the roll, the following we present: W H Hundhausen, Mayor, J 0 Spotts, Recorder, Noah Phillips, C H Brown, and Vd G Parker. Upon being advise that the Sewer Committee had not corpltttd the contracts with the engineer, the meeting was adjourned, with proper motion and second, to meet again at the same hour and place on Thursday, the 11th day of October, 1934. mmums. Pursuant to the last adjournment, the Toyn Council of the Incorporated Town of West Memphis, Arkansas met in the Office of the Johnson =auto Company, in West Memphis, Arkansas, at eight o'clock P, M. The meeting was called 'o order by the Mayor,.and upon call of the roll;. the following were found to be present: W. H. Hundhausen, J. 0. Spotts, Noah Phillips, C. H. Brown, W. G. Parker and L. P. Bernhard. The minutes of the last meeting were read and approved. • Alderman W. G. Parker red the following resolution, which was read by the Recorder. Alderman L. P. Bernhard/moved its adoption, which motion was then seconded by Al- derman, Noah Phillips. RESOLUTION • • Be it resolved by the Town Council of the Incorporated Town of West i•emphis ,Arkansas Section IDne: That the following contract for engineering services made by the Sewer Committee on behalf of the Incorporated Town Of West Memphis, Arkansas, be and the same is hereby approved, ratified and adopted, and in token thereof, that the Mayor sign the same, and that his signature be attested by the recorder. CONTRACT OF EMPLOYMENT This AGREENENT, made and entered into this llth day of October, 1934, by and between the TOWN OF WEST I i.PHIS, CRITTI Nr EN COUNTY, ARK.NSAS, hereinafter called the CITY, acting by and through its Sewer Committee, S.C.Tohnson, 'W.B.Bel1 and C.H.Brown, Party of the First Part, and Thos. H. Allen, a Consulting Engineer of Memphis, Tenn., Party of the Second Part, hereinafter called the ENGINEER. `WIT H:SS i s That the Parties hereto in consideration of the mutual covenants herein con- tained. agree as follows:- s'° The Engineer will make all surveys and obtain all necessary data for, and prepare working plans and specifications for the construction of a sanitary sewer : t system for the City. The work shall be done in conformity with the rules and regula- '` _:_ tions of the Federal Emergency Administration of Public Works, hereinafter called the Public Works Administration and the Arkansas State Board of Health. The Engineer will furnish the necessary data to the City for advertising for the work to be done and will provide contractors with the necessary plane, speci- fications and bid blanks for bidding on the work. The Engineer will attend the opening of bids and will tabulate all bids and submit them to the State Engineer (PWA) for his recommendations. The Engineer with the assistance of the City Attorney will then prepare the construction contract or contracts, and when contracts have been signed and approved by the State Engineer (PTA) and when the work is ordered under construction by the State Engineer (PWA) , the Engineer will direct and will provide such assistants as are necessary to supervise the construction of the work so contracted and see that it is installed in accordance . with.the plans and specifications and in accordance with the rules and regulations of the Public Works Administration. The Engineer will make such surveys as are necessary to locate rights-of-way '� over private property where necessary, but the City shall do all negotiating and obtain (. the rights-of-way without cost to the Engineer. = The City shall pay for all advertisements and for all printing of bonds, specifications, etc. except blue prints. For all of the above mentioned work the City shall pay to the Engineer a total fee of Seven and one-half (7-1/2) per cent of the total cost of construction of the completed sewer system. When funds have been provided the City by the. Public Works Administration, the City shall make payments to the Engineer as follows:- Two Thousand Dollars ($2000) on completion of the working plans and specifi- e-e cations approved by the Public Works Administration. t Five Hundred Dollars ($500) when contracts have been let for the construction of the sewer system. The balance of the fee, less a retainage of $500, shall be paid monthly in proportion to the work done by the contractors as evidenced by the monthly estimates to the contractors. The final amount of $500 retained to be due and ppyable when the work 'is completed and accepted by the Public Works Administration, the whole fee paid to equal seven and one-half (7-1/2) per cent of the cost of construction. The Engineer shall pay to M.C.Bauman, City Engineer for the Town of West Memphis, 26.66% of the fee paid to Thos. H. Allen by the Town of West Memphis, in full ccmipensation to M.C.Bauman for preliminary surveys and preparation of preliminary plans and data, payable as payments are made to Thos.H.Allen, beat in no event shall the net fee retained by Thos. H. Allen after payments are made to M.C.Baumm be less than ' 5-1/2% of the cost of construction. All field books, data, plans, specifications, profiles, notes, calculations and designs prepared by M.C.Bauman shall be delivered to Thos. H. Allen, within 7 clays after the signing of this contract. This contract is subject to review and approval by the State Engineer (P:+A) and the Public Works Administration, Washington, D.C. , and shall be null and void if disapproved by the Public Works Administration. It is further agreed that full • ' engineering authority shall be vested in Thos.H.Allen by this cmtract, relieving r--.1 11i.C.Bauman of all interest and responsibility in the work. '. IN WITNESS THEREOF, the CITY, by its Sewer Committee, Mayor, and Recorder, L , duly authorized, has caused this agreement to be executed, the Engineer and M.C.Bauman, City Engineer, have hereunto set their hands this llth day of Octoh r, 1934. TOWN OF WEST MEMPHIS, ARKANSAS T.C.Tohnson attest: T.O.Spotts C.H.Brown ke corder s tI.B.Bell Members of Sewer Committee Approved: Wm. H. Hundhausen Mayor. A.B.Shafer Thos. H.Allen , City Attorney. Jenglneex' ., r 1mQnn_ City 3 ri '. 41! t3U 1110 • . ,,- On roll call the following members of the Council voted in favor of the motion: MAYOR Wm. H. Hundhause n ilk • RECORDER .T.O.,Spotts LLIIEHMEN C.H.Brown • • la.G.Parker • , It L.P.Bernhardt • '# Noah Phillips lio The Mayor then declared the motion unanimously adopted. There being no further business, the meeting adjourned to meet again at the same hour and place on Tuesday, the 23rd day of October, 1934. i Wm. H. Hundhausen • Mayor. 1Lttest: .T.O.Spotts • Recorder -..:,:1'.. .. .i 0.:' :1 !.] ' ... — CH' • .)..' .: _;::- ;• :',L• ,,1.' ":'],..• :.:Th.:7..= , -,: : ) -C : 0.•' ..:. ) .-., :, . .1 =...7:: 6 , 211Q Town 0ouncil of the incorporetel TOv;n of ;et Lem)his met in reguler s,: __ion et 6: 00 p. m.. on the Cth .i... of ','ovembcir, et the iienk of .. , -. laemphis Sailding, its US11411 Ell‘it: Ling pl.ci . Thi meeting wes c4114:1 to order J;; tLQ 1-4yor. Upon 2011 o. J.l, IL., follo74- • ing ensv:ered prt , r--1 4e;,; •.)r "iilie1:1 h. handun, " Li Recorder J. O. 6potts, •..1.1derm;r. loeh 2hillipo, L. :2. 3ernherdi J . : . 3ron , ei,d the folio..ving ,4 . 1='42r .4nd L. .:. JeS, being. 4bz. . The minutes of th, ie-',. ci,cin,_ .,,:r red eLd 4 .•)pr-.)v„id . • :Aldermen 1. 2. 3ernhe2,1 .1. troduccd aib or.iin_ncq entitled , 1.in Ordin4noi providing for tni Oonstrl.,olion L.):: 4 . E3', r ..: St4fi: for the Inco200reted Town of ,ist -i.mphis, .1r.i:en6e ; thi i2s,4mle of . 6ewer RiiViinli4 3onis ; fi.:Ling rete :, -for 1E4; :.iiirViCQ to or furnihid oj -:- •Li.en ... /6tim; aria priori3ing th...! Juti , .: of the Ton Officirs in ,... — tion ther4.:,ilh' , to 'oki naiiloa2d 26 , ',,ihich v;4s re.d in full by the Recorder. .eurther consideretion 01-717,3 orlin4noe- 4.i4:z. ,, 011.)011cij uotil Ini :waiting of -.hi council to bi h,1,1 or tt L!Utf: ,Li.j of Lovemb4 , l'..64, 41 6: 00 p.m. . • . . The follow. .2so_ut., on Vi.,6 :,,n...nimousi:/ dopted by thE., 'Jouncil: ' „,. .. ., .• -........,0 ... .,.... .1., ...,• ..1. , - 3L IT i,h:. -, ,:-J by i.i 112uv.ii Jouncil of th,i, incorported To;.n of Memphis, _,..rx,.n.-;.is, ti., 1 ILii —..;/ur is li,,2r,. .).; lirzQ -,,—A to pi.iblish for , one insertioh in the jrittenden '.:uurt:; LaL_' "L;ieL iE h?rQUJ fo;:.nd 4nd deo1..4rQu to o 4ni01)4pir ,Jublish4d ..n..1 in gIL:ril cirolJi;ation 1 I in tni i'own of .4-t i-empnib, 4 noliQi it. ..,,,ii3, 1,n1.1 ..;1.14 ti- folioing form: OTIJ , I JW Zi.V.;G 1:G.it he-r. :: heh been introdced in thi: •.... , • .,,- , OW Town of 4,1, ..Aemphis, _Irk-.4ns-, , .1G or,iin,,nce fiin.6 th : L'pliow- • . ret .,s for service b;; the ., ..,-,, : Iilfill)bi:j •.:; r s .:', : .2i ,2,• .1 -,;() ' J4 con6truc t.;:i by s-id or.l . r, ,:_,JG : _ . .;_,...,. .... ,; , '„ n • ' ..... 011 _--- -116.,114L,.::: , • , ,. ;0.) - ._ . - 81 1"1.4Q4 ; of business, store- , 11 having no public toilets • : 21aces of business having public toilets ( gasoline stations, etc . 6.2u Hotels, rooming houses, tourist camps, etc ., per sleeping room .30 " _laces of business having 2 toilets .OU " " Paetories, industries, etc " " • ?lus 1Oy per average daily number of employees. "Any person interested may appear before the said Town elouncil upon the 20th day of Fovember, 1934, at 8: U0 p.m. , at its usual meeting place at Sank of ,lest Memphis and be heard concerning the proposed rates. -._mot such hearing all objections and suggestions will be heard and said ordinance establishing said retes, either a;; originally introduced or as modified and amended at said meeting • snail be passed and pat into effect . ( signed )_ Mlsayor of the incorporated 4 Town of :1(12t :.:amphis, Arkensas. " ovewuer 6 1934. eft a1 L:.J'r: . Town recorder Mayor woti thin introduced by J . h. Brown and seconded by J. 0. a offs that the Incorporated Town of ;lest Memphis offer the l.uran.e. fire hose il.anufaeturing Jompany by way of compromise and settlement of claim ageinst said town the sum of )500. U0 in full and sa tisfactory settlement . t motion was unanimously adopted . There being no further business , the Council adjourned to meet on the 2Jth day of bovember, L34, at 8: O0 p.m. at the Bank of Best i,:emphis Building, its usual meeting place . - Recorder. -~ .lei ; TO;d1 301 .'+I1. Or' ..L..2 :. lown Je.,.r;cil of the Incorporated Town of ,vest IeerupLis met et ��. Lhe 20th dey of i ovember, 1934, at the Bank of 41st Yi its usual meeting place , pursuent to 1 journurer t . , of :ovember u, 1934, .:n.I e«s called to order by [71 upon roll c ill , the following :answered present , Mayor eilliam 1' . i'undhausan, �l®corder J. 0. apotts, Aldermen Boar 2hi .i..Li ;)s, L. B. Bernhard and d . ... 3."iies the following being absent W . `.r. Barker and L. The minutes of ',he last meeting were read and approved . This ueing the time end glace set for the hearing of objections to urdinenee Le. 26 , entitled ".in 0riinepee providing for the construction uction of a sewer system for tna 1ilcopor:ated Town of ::est L.emphis, .124eensas; ene 13`3llar Cd of sewer revenue bonds ; fie.ing rates lave t11ts 64rviCe 1.0 be furhished u , 6;r.:; tkiw; end prescrib- ing ilea 1'wo� J.i )' r� of ser. If C. ..:.v T, "X- 0-4 .t the meeting. of at.: Concli on Lovemoer 6 , .nd to the rules therein sit out , notioe of which hearin,i:.: duly paolish.. d for the time and in tha manner requiled by luw, ..uld no one eppearing to object to id ordinbnc . or rat..;s, the Counc.: 1 proceeded to 4 eonsideration of s„,ii ordincce . sr.i ,J in full Oy the Recordr. _aderman ..1....:_2,_aircharl moved thet the rule requiring ull orlinere(is to be fully and distinctly re,d on. three different Jays saspcnd end tnat Ince Co'unoil proceed to .dopt soil ordinance , ,Qh 1116 ...L2 W.1i2 seconded by .,idermbn l'ouh :h. motion , c.rried . . ' • [I] 26 , H to 04 c- dlies of the town offirin conneo „ion motion wets seconded by Loeh on roll call, the :-; .11 the memb...rs of theui pre ,..ent voted in f.7or .. i4 -‘1.:.)r of said orlinence : Leyor spott„, Alier:f:en Phillips .%nd E . rown. Th4 Yuyor declared the motion .idopte-d . 211dermen L. 2. Bernherd moved thbt 6ection 21 , bit 3 the ee.f ;br.c;,.7 oluuse in sail ordinanceo. 26 04 adopt al , the motion seconded. b I o. 2hi11I . un roll call , ;all msmr'6 of the Council ...)r . , 1 voted id-re-vf *1 4and Lhe declared it AL '1.01: 02 2 , ; 7:• . : foi ( herier _ c,,,:rtein real ,...roperty .(escribej b‘; for purpose , und Council of s.id Town hes ceased to . engineer piens and for such a .n ...e of til4 Q0t of col. sruct:ion of 1. ,e .ni of necess ...„%i 1,L) 1)11.1. 1 , _ L- u1.4 2_ 1 - 1 : - . _ n . of i01i0 c.;r, .).Ar-t of iI1 situ.ted : 1401,b' 16, 17 and 16 in blocl. ill of o. T. Lendell subdivision I-1 to Incorporated Town of .,est i4.emphis, .Arkenss. and the l'or] Jouncil hus ex.minid end epproiid s.id plane :nd estimates ani finds end declares that 'it is or the .-) . ct interest of th..: Town that s_Jid system be construeted , and th.t property b.: i..urch .ased , .nd t. s.id —1 -,1-1o4t fun is A.th which to c.. -ro . yjJ L'OM proce :.ds of tx. Oonis nerk.inafter ordr ...i to oe o.114d t1A4 '3onds" ) , ...; thor . zed by 1 .. of 11.;4 Of , 6sion of lener.1 of c ;' the year l� .J, toge trr with V :.i ' ic t..; n f'� ndS to ,�1, . �s Of ;iTt'..aCi :uiv 0.� ua furnished by the United 3tetee of A.meriee , eeffi4l et fenle to .io �.o c.en ua provided . ♦0_ ' h T T �+� T , , .{. , T 1 - i..�:r , t'...7;:a u, ,ya - i VeiJ:il�vi7� o� �:,'a" � :A � 1U'rVTi .�l"J;:11�::: l of the Ineeepe eeei Town of . eee 1',iei phi::, _;l'i.inees, ate• followi::: oeetion 1. :het the vest of the oonserLutior) of s::ia sever 5-4 s„Eirll L— - pu.3-cileee of Said real i)ropertz' , e: time ted. by said engineer , le found eni devlared to J t!_i3 sum of Jixty-two Thousenl )oilers saetior, 2. That the s«id eer•1er syetew be construe to 1 end said reel property be purcreeed according to the plans end speci 'ieetions t eretoioee filed with the Town R uordir. acid construction and the eeetudy , operation 4r.d m ii ltanence of sell i se,;er eyelem eel the collection of revenue therefrom for the service rendered thereby se. 11 be effected eel su ;arvibed by the eeuer Committee of three members, composed of J. 5. Johnson, C . H. 3rown end r`. 3. Bell, appointed ey Ureinen e IYo. 2.5, adopted on :3(eptewoor e , 1iuj which e po-i r.tu,mrlt5 .:re hereby ratified and confirmed . The Council tiip.y remove c ,leee) .r of the Committee with or eithoet . c. ue . end may a.tpeirlt Li , . _ e or in case of deeth , rem `gal or re si s'r:etioe i 'Ile tends u, the ee . ..truetion en.i porches= shell be fixed by the 3..,.er 'Cu:i:..:i ttee it 6l. " ::...1k4 all eoritreets or agreements riecesser.y or ir:c: tar_tel to the p; . t:ee of its duties :end the execution of ite poweee; provided thee contract rel.tting to ttsa fineee _ eg of the constrec- tiori herein provided for skJall be epprov d by ehe 'Coueeil before the a.0 il'a o e ie i r e u' 'Ire . .:ieetion ... „het tee following ov fixed 45 1/14 rate,.; to be Cher ed .LUi' ..4rVi04 t1 G Uy ::i. veer • „': oem, which the Council finds :.re tale re e'.; 1neui'e eel neeess.er ' r taw to be charged : .:le_sifee ri ,+te 1eui i2nca , minimum . . . • . 7o per month , : r �ia�tr�ce , v rooms, 1 . ,.0 " �-- _',s idence :n: xiwars: 1 . ; £ .eeeees of busir_ass , store .. , 41e . i evir:, no =)sulk to. l . e. ee t'L'i Bete 01 eusinese hevie6 p'eJiic toilets ( gasoline etetions, etc . ) e. ee leotels, rooming. houeee, tourist eemps, eta: . per sleeping room rl.eee of oe.e , nesshavir:g 2 toilet:. .ue) ieee ;,Uriee, irdustriee , ele .00 " rr l(y: per every a J ily nember o.. :23:01o)70e;;. .4140 tt'.i , i. eee feeeeee finee one il.r;t such r ,tr.. ee 400've eel e...t will prodecc a toted revenue euf.ficirent to Bey tee total oper.xtion :and meinlenar.ce expense of the t;ystem and provi ie for to e,eeant of the 3onde , both prir_cip :l end intereet , es the :;elect fell lea .r. i are peyeol , end to creete all fund herein provi e i . aid r taN ehell never be reduced below en emo -rt sufficient to ;eoe 2e for eee e -.ir:treeence of the fe,t ie hereinefter dii6Q1'IOeU .eriU , 61:.:11 J. incree d in 7'.. * t .t .Iieient to :iro't ii ie, i,e L; 1 i 'L t _..,V i of 3;ei.i Lan.i. . copy of ehe eeheeule of acid r::tes shell et all timee be kept or Zile it i o fig:s Of the ee er Committee end el ,o in tI:.3 ofiiee of the Town : eeori r :mi se .11 be open to inspection b;,.' ell portion e inteee'eled . ,eec Lion 4. o or 64rvio4 :' _ ed by the S,y, tom. _ [ bt.;:.'6 the Town or .dr:y 1 , eeerii.;y! or .r.. t' i::, . . •i of shall even it:, if U . „.. ., ado 'Jr eervi ::,- . ; Li•)r , . 1 ' tL L'Itrl' ( welch i. 1;6f+: I .. . i,o Ieee. de eeeee e. eel el 1.. L ..i'!i ed:i., rl ::ilpro'i r.tti tYr : tJ ) r tee rWe:.7oee e. -- ee of :LO .il.iorue;l shall ob Li oin. or r l t , i:�kd r;t;j or i riS'L:Chi,. . r— t..i.. av d shell ue p:.i 1 for .ta u : therefor ecer ue . ihe >>a 141'1 Q i from; v.f the ,e;le em eed .- ee L.. .:A •i eee'.7v.ritel for in tee i_E. •.r.y et._ui .. Le_ a . � • Uf:". tla: 0dre e-Lien ,.::0,.. ,:t'.."'u .. .t . - . . . ..• , . . . i . ..1 ...,1 . . .' „ • ,. ..' - . : . , . . , ,' ...,.1.' - c i ns t roan.:n t .... - : h....,. _ .) .: 1 ,2 .:•.' . : .. , ., _ _ _ s: L ,.., , .: 1 . 1 -. — ,.- afforied oy th,; , aection o. ?he .. ,4Asurar of th. ao-r ,h . .. 1 o,1 th.:. cu, toi . A of thii niVi- na,..6 dari ,r.d Zrom tha 3ystem an' shall :;17.1 )ond for ',,,:. f_i , fC_, aisoharge of his dutias As such castodi .,, ( slAch bond to be :1 ._ .1 LA approval oy this '..:ouricil ) . Ina Ir,,, aourer of tnu 12.on sn,11 de,;:osit .11 of Ina ravanuss of tha 6ystam ( including all future :,dditions 4nd impio ,:aments thareto ) , as collactad , into a separate fund , to oa 4,1,14inis.. .ied as follows: ia ) Operation and :.laintenanoe . zlin amount sufficiant to pay the raasonaole monthly iiKLAinEQ of opar4tion, repair 4nd maintananca shall Ji daductad from the monlnly filV4r.U.i'L 4(.1CfUi and shall or. usal to :141 ;.:-, cn aKpensa ; lb ) 3ond 21ari . All . tLii revenues ramainin6 aftir tha payment sal fortr. in ( a ) shall ---, constitute ILi Li r-.. venues of thi Iliystam and shall ua paii at 1 monthly ih14277.ii into the 3ond Tund to provide for tha payment of Liti intarest on and principal of this isonds as and whan this' same Ui00111 l'.;i ; ;Li nacessary fiscal a,Nnc;i ches for ma.r.in 611,:h payment ; and a margin fur safely. 3uch mar-;in , lop;athar .;ith Any unused surplus of the same carried forard from lha pricading f , ,: :1 year, shall in no event iZeifil tan oer canlum of all other am, .ta recurad to be Haid into tha oml 2und ., ndar 11;Q i0L2 Of If . :, iit.: 10i.; L: ; avral-s. in the iiiiirit ,1 :. ourpls n.m,:ins sitar ,,, requ_ ;:e- wants of aubpara.zraohe ( a ) 4,,i ( bi hi' ban mat , the Town L.:ay such Surplus or ary part tneraof in its discration to proviie J fard for . axlansions, Jetterwents and additi:ms to th-a *slam, proiiii that , • an amount reasonably sufficiant for o .,:ration , r.p.ir ani :1.., , , ahaLce and for A .;pr.:ciation for an a.nsuin8 period of riot 1.4:2 than twalvJ months ha„ fit bean reserval . _ill 3ondL i',... ..:1. --..j ,t --I fOrth:.11L Oi o.ancallad .anl sh-li LJ'. be iL;6u4a . .111 mona,:s n.. 1 .1 in s - ii 3ond 2und sh411 ba deposi1. 1 in a oani. „n_ ch ra _ ',,.... .f OZ Li.k'i Sadar-,1 ':: es-.ar :a „iystam ani in whon dapusis a.r .i insured uy tha 2adaral Japosit insuranca ..;orpor :tiont action u. ihat the 4stam shall oe haraaftir operated upon a fil„c41 . _ ',ear basis. Tha first fiscal yaar „h ,i1 '.10=114D.:4 a,on Lh4 eat Jay of Jul- , lc,s6O ( tha estima1 c,d data ,f ompletion of the constructi on ----d.._;..-- harein provided for ) , and shall art ona j,iir thereAfter. 11 ,:ection 7 . In. '. reivenua vomi of the Y:own o iss.a. d I:, .1. ; tot.,1 L....- amount of 2ortyaishl ihousand Jollara ( .,Ao, Ouu ) , . ,.ic- amount , toatnar with funds to ue furniah .,1 0, Ina United 2tat .s of _imerica , . is G4041664fy to il'uvi , : auffici ..n-t fand,., to pay all co,,I of 1, herein descrio4d contemplatad construction , inclulinis the purchas Arica of the ra .,i proparty harainbafora descrioad , and other nary iXI:iit , lueihar ,it, r, intrst to 4 ..11i; MUothS LauZ,(.1;14J; 10 IL. 4ei1G.i 1. .t , of comietion of the construc- tion; ties said ionis Oa disi6naled 'rite incorporatad fOri of /es% ,-emphis , .iriLansas, ...iiir . Virl'aii ionle , Oa dat,-.1 oaptamoar a, 1 .54 ,>$4,40. 1s I 'l to Oi of trio denomination of .100..) aach ( axcept Inat 3onds ::Umbars 1 to 4, inclusiva , shall oe in ;h4 denoination of 4300 eJch ) , numbered from 1 to oo, OO;h ih,.:1., iVit‘ and ma1ure oh 1.1arc., ia ', .: ,, ,,:. , .i .;:c : follows: 3ond Lum:Jar . A,I. 7 .4ar 0 il l ' .L,.i4;•2. .i.r Amo-,r1 . .4/* ___.....__ 1 ,7;b00 1.(J3U lo, 1(..: ,,.nd 20 ;,>5000 a 000 1‘.;37 21 , 22 and a3 6600 1(...)4'.; 3 oo0 11.)66 24, 2O and 2u 3000 PJOU 600 lc.)3(.; 97 , 2o And 3000 l'.,,01 , . J 1.0o0 1:)40 JU, o 1Uo.) 11d41 jJ, 34 rani 66 6000 7 1000 1A/42 o6 , 67 ani 36 3600 P.Jo4 . e •1:..i `.., 4000 1c.)4o 3'.; , 40 and 41 6000 , 1ib5 , lo ani 11 2003 144 42, 43 and 44 oUUO li. and 16 2000 .I. 4o 45, 46 4nd 47 6000 1:,o7 14 and 10 ao00 1. 46 4b , 4(.: and 00 6000 1. 66. lu And fri 2060 1(.%47 , . that the 3onds oa ar int.rast 21 tha r u ata of for p (ar cent 4M per annum, payabla on 1,:arch 1, 1'o35 , and semi-annually thareafter on tfli first days of ..)tiiiJI.,;Moir and iaarch in each year , that the' .;3onds be . Li;166ia 0j Ihi i..ayor and sealed v,in the corporate L4.1 of the' Town and attastal j,,' .nii iown 20acorder of tied ion ,ni that 11.4 ihtarA upon tna Joni,. J , evidanead b,; c ,upons therato attached , tna coupons to oa sine , , aaid ....,;;Jr lay hia facsimile signall,ra ; and said Layor shall ,,,' 4,. . e.:eout , on of :-Ii 3onls adopt as and for his own • „ prop4T sieneture r.is fecsimili appeereue; on sell ooLteone ; thel the ,eonds and oeuoon$ be oeyeble in such funds 4s 4 the time of the respeolive deyments are legel tender :Jr tre payment of debts due the United eitates of America , at _ The 3onle together with interest thereon shall be payable only out of the Bond fund ae hareinbefore defined and shall ba valid claim of the holder thereof only against the Bond leund , and the . emeeet ee the revenues is hereby pledgee to sail fund , which emount of 6ai4 eovenues is hereby pledged for the equal and ratable payment of eh , eonds and shall qa used for no other purpose than to oey Ihe etel inlerst of the Bon s the S4Mi acorue . re-e The Recorder of said Town is hereoy ordered 411i directed to procure eud keep in his office , in aopropriete form, 4 book to be enIilled !'lhe Book of Regietretion of the Town of eeet e.emphis, Arkanses, sewer Revenue 3onlo” , wherein said bonds ehell be ragisterable 46 to princieel only in thy holder' s neme . Ane ii fot Reoorder is hereby ordered and direeted , et the rieu_ee of Any holder, to note $uoh registration on any bond submitted to him oy the holder thereof and te enter 4n appropriate etetement of such eregietralion in sail boo;-, efter which no trenefer of any bond so regleeired eh .11 velid unless recorded in said book by the Town Ce) leeeorler at Ina ele .ten requeet of the registered holder end eimilere,e lee noted on the j0t1 , . bond so registered as to prieeipel may nUQ. dieoharg>id fro .. eegistreeion by being registered to beerer , after whioh it ehell Jo trianSf,irl'Qd by ielivery but mey in be registeeed <t 46 1,0 pri/10-U, I 40 before , The r .gistretion of any bond as to princi- pal shell not reetrein the negolleeility of the c )upone thereto ettaehed be delivery merele . oeution 0. That eeii oord n.i ooudone be in eubeteetielle ehe folle - • eng ferm: 1:1 eJeele'eeee, 1 • )2 e= ee, Leoee.Joe. ,. ..) Te e. eeeeeoLio, 4e, e0e.o. lelee, ; 2e.s, ee,e: That the Iuoorporet .1 To.a. of .114..Y. ,eemphie , in .ee eoeney of eeiee .ndan , Stete of Arleen. s, hee _:ej eeknoeleAgee itself to ove for . o pay to Veeeer or, if regieterei .e priecipel, to ehe holder hereof, es hereinafter steed , the sum of dollars ) on the first diy of March , le ,with intereet 41 ehe r .le 2i four per cent ( 4- ) eer ennule , or eei thereafter eL ,e f1e .. .os e: 3e ' e , -turder ee Ihe . bkit.:QM4 d; eioth erinci141 heeeof end eneeoe 11 04 peyabee in . fande ea at the times of t tender e _ eeyment of lebes Jae if erice , el el , series of flfly ( bo ) bonds aggregeting . - ( ile; ,00U) , in the Aenominations of Five ene Oue Thour d Dollere ( Jett. , r numbered . from 1 to eio , cot pureoee e eoviding for the paymero LJ Llvta for the lucorporee Arkensee. This bond ,nd ehe seriee of velicl' it forms A part eee deeeel IL aoeordence with the provisions of Act 132 of the regular seseion of tle ,eeserel Assembly of the 61 te of Arkeeeez for the yeer 1930 et' do not ooestitele 4n indebeedness of seid Town within any conetituteonel or etatueory limitation , and are oeyeele solely from the net revenues free, e il sewer system ( induling i4V4nU4S from fueuee . eA , Liees el , ..e.erovements1 remeinieg efter deduction of the re-eon-- ee e .hie . purse of operation, repeire eni maintenence . eaid nee , • S.4t 41.14 pladeed aiS 4 8.0Qi,i.1 funJ for , lioLl cr4..1d by Oreinence _aul?1,U u, t jf Tjwt, 0L ,„he ot • 4his ,do.; 4 10 h4 issaid. This 'Joni is tr4nsf.r14u 1ivcify„ arilr itrJ to 4t th4 offic4 of thQ Town R4corl4r, in the Incoor.t41 of d4st Lomphis, 51,4t4 of lrk.ns...s, rit ior not :. 1.4. Ori by suct Town 2441, 14sr. 2.ft.r _ i1 To_h icor.14r of _ • holdk,r or . : ,OLA • j- Esfirr41 , 7r :n . fr .1,1 11 . jj . notl hr.on . rJ viid • , , this ,Jon_i hins in ill:. LI:.ati6t12 tr.nsf4rr.d .• ) o. •L .Jr, 4nd tL f i.si £ .AOi1I iy by 1.1iv4ry b4 thit3 bond mo, from tI . . o iMG big r46istar.1 or trnsfirr41 to b44r.r b4for4 . lo iii ristr.tion sh411 4ff4ct the n4601i.bility of th. copons 4ppirt4ininz hQr.to, which sh411 continu. to .04 trnsf4r4b1. by IiiliVvirW 4n4 sh.11 rinin p4y4b14 to u44r.r. IT th4t 411 4cts , Q0L— iJrib .n1 thin6s LU CIi , purs,...,nt to 4nd in th. of this bond i;..C."Li h4va b44n iAarform41 in du. lim. , fort , _ Li m4nn4r , .r. u.ir.1 oy 14w, .nd 11:41, suf.Licint of U. i r4v‘nuc to. o. ,44r1 . ,;:d from Ih* opoir4tion of id sdIst‘ h4s to .nd w_Lli b. 6i1 41...14 into said s:4c1 .41 fund for th,i of th. prin- cip4i .nd intriis on s4i1 boII: ,. . . A:11., 6 64id .20L 0: by it Town ''Jouneil , has .(14,..,si • , )nd lo h4 byii 1.%yor th.r.of .rd thetk • 1 of -1id Town 4nJ 41t4st4d by it Town 7,4cur.i.f, 4n1 h4s th ou,)ons 4ttach4d to bti 4.uthintic.t4d by th4 f4csim114 sisn. Lur4 of s.i1 Lyo.. 1i 4s of the first 14y of 64p14mo.r, 1,i4yor of Ircorpor. .1 Town of phis , .".rkune4s . . . • ILLJUrpOr.A14.1 Tori of it Limphis, ( 2orm of Joupurd • Lo. • M4rch On -1. . 1..y of 6iptcmbir, thc Incorpor41.1 of his, Oritt .,no.n 0ounty, ArK4n,.„s, , promisis t- ) D . rr thi; Lum Joilars, out o rJ4fun.. ppicifiid in ti bond to ,hich Uls coupon 41J.p.r1.1n_ , t • • , in ch _ lim4 of 14p.1r for th of d. ;J ..s .ittz to ti's Unitcd St4t4s o rie , b.ing int.r4st tncn luc on it 3 . er1-:i'.76111/43 30n1 1.14d th first d,,y of 1tjJ4, 4ind numbir41 • M4yor ( Th. sgn.tu::. of th .i 1.1.yor to thi coupon may b. lithor.phid or indr.v41. ) 87 ( r'urm of Regieery indorsement ) .0 iQii : Lo writing on thin bond exeept by the Town '_'recorder of the -o:vn of s`rest 1,:emphie, :irkensas. :eel eate of Regieeretion in whose rarnQ Sigri:atur of or e'r .nsfer. Hegiseered . Town 1?ecor .icr. r"--7 Section i . after the Bonds heve been eK4eute1 as herein provided , 1 they shall oQ sold and delivered et private sole , .ill at one time or in blooke from time to time , et a pride or price;; which shall be not - leee then per and accrued interest to ;late of delivery, end the proc.cdu received therefrom shell be is solely for the payment of construction costs of the l i tew end t1.2 prUch s+l ar.ioe of the reel property heretofore described , including engineering, la ;...1 and otter necessary expenses, and for payment of interest on the revenue bonds herein authorized during the construction of the ystQm. Section 10. Lotting in this ordinance shall be construed to prevent . e-1 the issuenee by the Town of addi Lionel bonds payable from the rQv`riuQs of the System to fir1 nee or .gay the coat of constructing 10 any extensions, betterments, or :additions to the System. Provided , d however, that the 'gown shall not auJiorize or issue uriy such additional .et bones so long as any of the bonds are or:ztat:andirag, unless ( 1 ) the gross revenues derived from the System for the fiscal weer than neel1 preceding shell heee been sufficient to provide for 4il1 cuutS o1 oeeretion , reeeir sand tni:aiinten:ance of the System and 'leave: e b.,lence equal to sa.t leeet 120 per cent of tha i g regatQ of: ( a ) _principal end interest payments for such year on the total bonds then oeeet.ndin ; and the fiecel agency ch:arges eherefor ; Lb ) one wee.r' s ineere.;t on the totel issue of s.•ch ad:litionel boeie thee: propoe a to ue i:;e... ed • and ( c ) :.L amount of principal of . . . : :. 1 ) _ ponds fur ene '-. .•ar eomput d by ile1iihe el.e tot e e,eee .. .:.i - e to the final mats.,. ' : , t boriis. iesaW by tree r.airiuer of �reG:r.,, . ��a�'� �-� P eee Section U. It llb' ceven.;r:t.. .. eed aeeee 1 ee ehe rZeee .. leh ui..: r.elde_ or holier of the Boride, or eny of the.:i that it .gill f .iehfully ere haecta >li;y perform ell datiee with reference to the Sj tam requiree by the .%unstitation end Statute ;: of the St::te of :erkenees, including meking and collection of reesoneble end sufficient rates 1:avfully eeleblished for services rendered by the System, segree lee tie revenue of the ;yelem and its epplic. Lion to the respective tunas • -hereie created. Section l'. The 'Town will mint ai,n the eyeeem in ;ooi eou.iiilon :end operate tiie sarrQ in are Qiimi aril .. t;nQr Ail .� a reasoneeie cost . 3o long es eny of the .3onL ere cutst.Auiii-., , :a Town a re .: to ,.i,:irit .in insurence on the ;,jystaiiin for the bene 'i e o bona.ol.lers of .. kind and in en amount which normti.11y 'woe l i ee e srriee by pride,e eo;:. ;_-.rie's en,_ .a,ed in e eimilar type of bu: i ne se. o eing in this orilneeee sr ll be eori'etl aes<d .aLi :requiring the Town to expend eey four as which ar.. le_ rived from eu..rcee other then the operation of the e;stem but nothing herein ::>eel1 of eonstreed ee preventing the 'Town from doing so. .section 1.e. so long . .dry of the 3ones are out , ', ,.iir.g, the _ own will not ilort,gege , plQ..i a or otherwise encueibe :system or any pert thereof, including the real property tereieeefore described , rj or any re enure: enerefrom ( except as .her3inebo :e provided , ear i .dill not sell, leese or otherwise di epone of any eubstentiel portion of the sarn.. etc Lion I .. .he Town will keep proper books of records end aiccoe t TU -. _ .:... eii cheer records end accounts ) r which complete a red _ errect entries .uha11 be crime of all trensections reletir,g to t::e iciLil, m, the eel will fr.trriieh to deny holler or purchaser of :any tna 3oneset lee iimaa oatet.r.Jing at the critter] request of such holler or pe ':. :.Nir, net more thee thirty deye palter tl"ie c'10Se Oi c,ach si.:‹ months' fieeel period , eomelete operating •and income cents of tr.a Systym in re esonable detail co:grin ; euch eix me _..-- ' period , end not more then sixty dam; s after than ,:i0 .0 of .;I : .. ' ,j64r , QUMIJ i, t@ fineeci. r,l etetemcints Of the System and Town ,:J- eieeh fire_?. yier, eee i. eve u, 'o n ' e eulitors. diction 1o. n.ry pu_ ch, _eir' of t .nInt�y—iiv;v per .:entiim ( ::a; 0) i_"] a riaLj-:t,a principal amount Of the Bonds at tii .3 ti:...; ::I.6n )i;.tst'er sing or any holder or hollers of twenty-file :.r centam ( 25 ) of said amount of outstanding Bonds shall have tna right at all reasonable times to inspect the 6;y=stem and .11 records, ace:Jar;ts and 1..1z of tiie Town rel•.ting thereto. e)ection lu. The Town ti:i11 take all sucn steps as he purchaser or purooers :nry realt::ol,.a )i.y require to aid in the sale by 1l.4 pi:lrh.:sQT or , , . of .an; or all of the 3onds. .ion rut ,, tr.a Town will fnrr___ ..n to any parul.•o.:r of tnauty-f.i ''ru par pe r. . of t2')ei .3onds, for In. preparation of 4 pond in custoin.ry . Jr... �i ..i oy the proper officials of tn. :ogre_ , coat. inirig such del,. as ....ich purchaser may reasonably requeot concerning the Town and the oystefli. oection 17. The io:in further coven ants and ' agrees 'that if default is made in the payment of any bond or coupon or i the Town fails to meet any sinking fund reequirc;i nt, the Holler of such bond may declare that bona immeli..tely dae and pa: a-016 , and. snch bond shall thereupon be immediately i,.:.d and p.;yabi;. and in .iefeult . ,:diction 10 . if , d„':...:r. t of :i t:.sr the • • intereol on or ,._ 1 , e p_,.1 Jr . the holier or i;ol:i„r„ of the .ice,... .. ,.. : 1 _v _,...t .. J... �.i � � .)er...o..... n.le of t::•. J :.et fort:. in ._.aid o . the regular .,,_ ,...:ion of '.. L0;7ui,j Ji iiu i 'c.d o.0 irxa ns .s for the ya:.ar 1✓.iv• If Haire J : 1el : .lt in the pent of the orincip:11 J. or interest on th, 3onds, eny court raving jurisdiction in .aany proper .action may appoint a rdJ . iv3r t0 administer the aystem on behalf of the Town and tree hollers of the 3onds, 4ith power to ."!'ri.arge and collect ( or, oy mandatory injunction, to cause to oa charged and col- leetiea ) rate:; sufficient to ;)rovi..te for the payment of the 3on1:: and interest tnereon .end for the payment of the operating expenses end to apply the income and revenues in conformity a;ith : aid Act :ini this ordinance provi,dir,g for the is ;uence of such bonds. acctiun 1 To the and 11.:t a reoord of 11-1Q p1cl : of the rven14.: s and the agre :nlent not to wort; age the .;ystei:l, s41 out in this or .inance ,� m.ly be i�r es r Reid, the ; ayJr and Town Recorder be :and ar•. hereby authorized to file with the Recorder of �rittcir;.ien eo'anty, .rkann..1.., L-- d copy of this ordinance duly certifi •..d oy. them as a true oo;)y :and acknowledged oy therm in the foria required for deeds and mortgages , wi tn . t:;e directions that the same be _ ecor :ed in he o ri.:e of -;dii Recorder ..s in the Q4 ,.e of deeds and wort .a;ges. a+ clicn ..V. _ill ordinances or parts of ordinances in conflict herewith, pae.rticai.riy Ordinance i.0. 20 passed and aaprove+d on the 10th dey of Uc t0oer, l�JJ, are hereby reoQ..led . :erection 21. It is ascertained ,and declared that the tack of a s.:`, r system in the lown of mast i:iempiis endangers the health ar. i safety of the inhabitants of said Town; that by reason of h.F pr: :ar.t economic conditions many citizens of the Town are ont of :cork: an i the improve- ments herein provided would furnish work for a ler6e r:..1::ber of per: .r 1 thereby add to the :.cues and happiness of the Town. It is, therefore , declared that an emergency exists , that this or iinar,oe is n•acas: . ry for the la;r:edi .t.: prisear'v.i ion of the public yJQ ..oe , he ith , and s ,i, :fety, and that this ordinance shall take effect und b in force from and alter its 1)4s64e . . .a?:oaa.:iJ 1,overri..,er 2oth , 1:%.i4. dn. -., or t:ien de olare l Ordinance I::o . 26 adopted • mere o _.(.g no fdrther ousinisss, the meeting .d jo,rne i . iJ..r Its ES 8c On Tuesday, the 4th day of December, 1934, the same being the date of regular meeting, the Town Council of the Incorporated town of West Memphis, Arkansas met in the Office of the Johnson Auto Company at eight o'clock P. U. with the fol- lowing mebbsrs present: ;ti H Hundhausen, Mayor, J 0 Spotts, Recorder, Noah i hillips Paul Bernhard and C H Brown aldermen. There being no unfinished business to transact, the ,Mayor called for any new business to come before the meeting. In the matter of City License Tags., the City Clerk and Marshal were instructed to purchase 300 tags for 1935, red with white lettering and bearing the slogan "Always Growing". The City Attorney was then instructed to prepare the necessary ordinances pre- paratory to extending the city limits, and the necessaryinaps were presented by the City Engineer and the proposed territgry accepted. There being no further business to come up, the meeting was adjourned. W. H. Hundhausen, Mayor. J 0 Spotts, Recorder. L�J MUTES On Tuesday the 1st day of January, 1935, the same being the date of regular meeting, the town council of the incorporated torn of West Lemphi s, Arkansas met in the Offices of the Johnson Auto Company at eight o'clock P. L:. with the following members present: W H Hundhausen, Mayor, J 0 Spotts, Recorder, Noah Phillips, C H Brown, L P Bernhard and G Parker aldermen. There being no unfinished business to be attended to, and no new business, and upon advise that there was nothing to be passed upon relative to the pending sewer system, the meetingwas adjourned. L INUT�S On Tuesday the 5th day of February,1935 the same being date of regular meeting the Town Council of the Incorporated Town of ;lest Memphis, Arkansas met in the Office of the Johnson Auto Company at eight o'clock 7. , . ;ith the following members present: W H Hundhausen, Mayor, J 0 Spotts, Recorder, Noah �-hillips, C. H Brown, L P Bernhard, and W. G. Parker aldermen. A resolution was introduced by alderman Noah Phillips and seconded by L 7.' Bernhard as follows: RESOLUTION WHERIAS the Sevier Committee of the Incorporated Town of : est i=,emphis, Arkansas - has adopted a resolution finding that it is for the best interests of the Town to sell its entire issue of the Forty-ei ht Thousand Dollars ( 48,000.00) of four percent (4700 Sewer Revenue Bonds, authroized by Ordinance No.26, adopted by the Town Council on the 20th day of November, 1934, at private sale to the United States of America under the terms of the Loan and Grant Agreement entered into between the Town and the United States of American under date of September 4th, 1934; and { WHEREAS, the Town Council of said Town also finds that it is for the best interest of the Town that said sale be made, NOW, TH=FO`E, BE IT RESOLV2.D by the Town Council of the Incorporated Town of West Memphis, Arkansas: , Section 1. That said bonds be sold to the Unite4 States of America under the terms of the said Loan and Grant - greement and that the Town Treasurer be, and he is hereby authorized and directed to deliver to the said United States the said bonds on the payment tc him of Forty-sight Thousand Dollars (`48,000.00) and accrued interest. APPROVED: : Williams Ii Hundhausen February 5th, 1935 Mayor. T n ,,,^ttG. Town recorder `J U Upon roll call the vote was unanimous in favor of the adoption of said resolution. The Mayor thereupon declared the said resolution adopted. .yin ordinance was introduced by aldrman C. H. Brown who moved its adoption which motion was seconded by W. G. Parker, which ordinance in words and firgures is as follows: 1Ln Ordinance to provide for an election-upon the question of annexing certain --/-/ described territory to the incorporated Town of hest Tiamphis, Arkansas. Be it ordained by the Town Council of the Incorporated Town of lest lemphis, Arkansas: Section 1. That the Incorporated Town of .'Vest Y,emphis, •-rkansas, is desirous of annexing the following described territory consisting of two separate tracts '! of land lying contgueus to the present corporate limits of said Incorporated Town of ,west 1.emlphis, Arkansas, the first of said tracts being described as follows: Beginning at the intersection of the center line of Ten ::ile :Bayou and the ;lest Boundary of the right-of-way of the Hulbert-:.Marion Cut-Off of. the St. Louis & San Francisco Railroad, a point in Sec. 7, T-6—N, R-9-E, Crittenden County, Arkansas, and also a point on the boundary of the present limits of the Incorporated Town of Wiest Memphis, Arkansas; thence Easterly along the said center line of Ten Mile Bayou to the East boundary of the wrest Half of Sec. 8, T-6-N, R-9-E; thence South along the East boundary of the ',rest Halves of Sections 8 and 17, said township and range, to the center of said Sec. 17; thence Test along the South boundary of the North Half of said Section 17 to the West boundary of said Section 17; thence South along .the 'West boundary of Section 17 to the Southeast corner of Section 18, said township and range; thence West along the South boundary of said Section 18 a distance of 2,000 feet; thence North to an intersection with the North boundary of the right-of-way of the Chicago Rock Island and Pacific Railroad; thence Northeasterly along-the North line of said right-of-way to a point 1170 feet perpendicularly distant from the East Line of said Section 18, said township and range; thence North to an intersection with the East and ',lest half Section line of said Section 18; thence East to the East line of said Section 18; thence North along the East boundaries of said Section 18 and Section 7,' T-6-N, R-9-E, to a point 200 feet North of the Southeast corner of said Section 7; thence `Test and 200 feet North of and parallel to the South line of said Section 7 to an intersection with the West line of the 71 right-of-way of the Hulbert-Marion Cut-Off of the St. Louis and San Francisco Railroad; thence Northwesterly along said West line of said right-of-way to the ‘...n point of beginning. and the second of said tracts being described as follows: . Beginning at a point on the North line of Section 12, T-6-N, R-8-E, In Crittenden County, Arkansas 200 feet 'Nest of the Northeast corner of said Section 12, said point is also the Northwest.corner of the Incorporated Town of West Memphis, Arkansas; thence West along the North line of Said Section 12 to an intersection with the North and South half section line of said Section 12; thence South along • the North and South half section lines of Sections 12 and 13, said township and range, to the center of said Section 13; and thence East along the East and jest half section lines of said Section 13 and Section 18, T-6-N, RS E To an inter- section with the East line of the right-of-way of the Hulbert-:Marion Cut-off of the St. Louis & San Francisco Railroad; thence Northwesterly and following the present boundary of the Incorporated Town of West Memphis, Arkansas, to the point of beginning. The above described land embraces all of the East Half of Section 12, T-6-N, R-9-E, the Northeast wuarter of Section 13, T-6-N, R-8-E, and the Northwest Quarter of Section 18', ` -6-id, s�:—$—E, with the exception of those parts of said sections already embraced within the boundaries of the Incorporated Town of West Memphis, Arkansas. That in order to carry out said desire the question as to whether said above described contiguous territory shall be annexed to the Incorporated Town of 1 ; ~lest T:=emphis, Arkansas, shall be and is hereby submitted to the qualified electors of said town at the annual election to be held in said town for the election knee of officers thereof on Tuesday, April 2, 1935. . • That the ballot used in said election shall have printed thereon the words, For annexation Against annexation and the vote thereon shall be taken as referring to the territory above described. Section 2. That a copy of this ordinance shall be published for thirty days in the Crittenden County Times prior to said election. 91 passed February 5, 1935. W. H. Hundhausen Mayor Attest: J. 0. Spotts Recorder Alderman Brown moved that the' rules be suspended and ordinance read the second time which motion was seconded by W. G. Parker and upon roll call the following feted in the affirmative: W. H. Hundhausen, T. 0. Spotts, Noah Phillips, C. H. Brown L. P. Bernhard, and W. G. Parker. Thereupon the ordinance was read the second time. Alderman Brown then moved that the rules be suspended -and the ordinance read the third time and placed on final passage which motion was seconded by 7;. G. Parker. Upon roll call the following voted in the affirmative: W. H. Hundhausen, T. 0. Spotts, T..i Noah T'hillips, L. P. Bernhard, C. H. Brown and W. G. Parker. Thereupon the ordinance vas read the third time and the vote being upon final passage the following ti'a voted in the affirmative upon call of the roll: '.'. H. Hundhausen, T. 0. Spotts, Ca Noah Phillips, L. F. Bernhard, C. H. Brown, and G. Parker. stLt Whereupon said ordinance was declared adopted and the recorder was directed to spread same upon the record of ordinances of the said Town and to have same published for 30 days in the Critten'.en County Times and to number said ordinance #27. There being no further business and upon proper motion and second the meeting was adjourned. `a, H. Hundhausen Mayor Attest: J. 0. Spotts Recorder . MINUTES On Tuesday, the 5th day of March, 1935 the Town Council of the Incorporated town of West Mlemphis, Arkansas met in the private offices of the Johnson Auto Company in West Memphis at 3ight o'clock P. M. with the Following members present: W H Hundhause, Mayor, J 0 Spotts, Recorder, L P Bernhard, Noah Phillips, Y1 G Parker, . E. Jacks and C. H. Brown:- Alderman Parker then introduced the following ordinance by.W G- Parker who movedc?its adoption: The ordinance in words and effects as follows: AN ORDINANCE TO PRIVIDE FOT THE OFFICE' OF TREASURER AND TO PRESCRIBE THE DUTIE THEREOF: Be it ordained by the town council of the incorporated town of vilest Memphis, Arkansas. Section 1. There is hereby created and established the office of Treasurer of the Incorporated Town of West Mem: his, Arkansas. The treasurer shall be elected annually by the Council, and shall hold tffice untib his successor qualifies after the next annual election of officers of the town, unless sooner removed by the council. He shall take the oath of office and shall give bond to the state for the use of the town in a sum to be fixed by the council, conditioned that he will faithfully per- form the duties of his office. He shall be the custodian of all monies and evidences of indebtedness of the town. He shall pay out no moneys, except upon the arer of the Council, evidenced by a warrant regurlarly drawn upon him. He shall account monthly to the council for all moneys and evidences of indebtedness that may have come to his hands by virtue of his office. He shall receive such compensation for his services as shall be fixed by the council. Upon the expiration of his term of office or upon his resignation or removeal, he shall turn over to his successor all books papers, moneys , and evidences of indebtedness received by him in virtue of his office. i 4 Section 2. That whereas the incorporated town of West Memphis, Arkansas, has negotiated the loan from the Public Works Administration for the purpose of building a sewer system and has mortgaged said system and the income therefrom, to secure payment of said loan, and whereas said instrument of mortgage requires that the town shall have a treasurer, and whereas no delay is desired in the in- stallation of said sewer system; therefore, an emergency:is hereby declared and this ordinance being necessary for the immediate preservation of the public peace health and order, the same shall take effect and be in force from and after its passage. Alderman C H Brown moved that the rules be suspended and the ordinance read the second time. This motion was seconded by Noah Phillips, and the following voted th the affirmative: W H Hundhausem J 0 Spotts, ,Noah Phillips C H Brown W G Parker E E Jacks and L P Bernhard. The ordinance was then read the second time. Alderman Bernhard the moved that the ordinance be read the third time and placed on final passage. Alderman Phillips seconded this motion, and the following voted in the affirmative. W H Hundhausen, J E Spotts, Noah Phillips, LPbernhard, E E Jacks C H Brown and W G Parker. The ordinance was then read third time, and the question being on the fnial passage, the following voted in the affirmative. W H Hundhause, J 0 Spotts, Noah Philli ps, W G Parker, C H Brown and L P .Berhhard. Whereupon the ordinance was then declared adopted, and the recorder was directed to spread same upon the record of ordinances of said town, and to number same ordinance No.28, and to have the same printed in the Crittenden County Times, as directed by law. The council then took up the proposition of securing a fire Cheif for the ensuing year, and the name of J i Richardson was presented. The council unanimously voted in favor of appoing Mr. Richardson to direct the activities of the Volunteer Fire Department for the year and to instruct him tie fix up and put in first class con- dition the present Fire Truck and other fire fighting equipment. He was also in- structed to hold bi-weekly meetings of the Volunteer Fire Department, and to secure new members for same' There being no further business to come before the council, the same was ad- journed. ;1 H HUNDHAUSE4, Mayor, J 0 Spotts, Recorder. MINUTES On Tuesday, the 2nd day of April, 1935 the Town Council of the incorporated town of West Memphis , Arkansas met in the offices of the Johnson Auto Co. in Nest `Memphis at eight o'clock P. M. with the following members present; i H Hundhaueen, J 0 Spotts, C H Brown and Npah Phillips. There being no unfinished business, the council, upon proper motion and second adjourned to beet again at four o'clock._ ?. M. on Thursday, the 4th day of April, 1935. MINUTES: Pursuant to last adjournment, the Town Council of the Incorporated Town of West eemphis, Arkansas met in the offices of the Johnson Auto Co. at four o'clock P. M. on Thursday, the 4th day of April, 1935 with the following members present: of H Hundhause, J 0 Spotts, L P Bernhard C H Brown and J E Wise, the latter being the new member of the Council elected April 2nd, 1935. The following resolution was the introduces by alderman C H Brown, who moved its adoption:- RESOLUTION BE IT RESOLVED by the Town Council of the Incorporated Town of West Memphis;- That all bids for the construction of the Sewer System of the Incorporated Town of West Memphis, Arkansas, received at a letting held on April 4, 1935 be and the same are hereby rejected for the reason that none of said bids was within the P W A appropriation and that the checks and bonds accompaning said bids be returned to the respective bidders. That Itiajor Thos. H Allen as Engineer be ---� . directed to make a re-study and revise sewerage plans which will care for the increased population and to take the matter up with the P W A administration for the purpose of ascertaining whether an increased grant can be had. Attest: J 0 Spotts, Recorder Mayo„ There bwing no further business to come before the Council same was adjourned to meet again at 8:0C P M at the same regular meeting place on Friday , Apri3.: 5, 1935. W H Hundhausen, iayor J 0 Spotts, Recorder 9�: IvI NU :s: On Tuesday, the 'nth day of Layl.l, 1935 the town council of the incorporated town of West Memphis, Arkansas met at eight o'clock P. M. in the private offices of the Johnson Auto company, with the following members present. ! H Hundhausen, -ayor, 4' 0 Spotts, Recorder, Noah Phillips. and E E Jacks. . There being no business to cane before the council, the meeting was adjourned to meet again at the same hour and place on Tuesday the 9th day of May, 1935. J 0 Spotts, Recorder. W H Hnndhausen, Mayor, e-el MEWS Pursuant to last adjournment the City Council of the City of 'Vest Memphis met in the offices of Johnson Auto Company on the 9th day of May, 1935 at eight o'clock P. M. with the following members present; W. H. Hundhausen, J. O. Spotts L. P. Bernhard, - Noah Phillips, C. H. Brown, and E. E. Jacks. The following resolution was unanimously adopted: BE IT RESOLVED by the Town Council of the Incorporated Town of .rest Memphis Arkansas, that application be made to the Boaxl of Municipal Corporations to have the Incorporated Town of ,lest Memphis, Arkansas, declared a city Of 1 1.-4 the second class; that the Mayor and town Recorder be authorized to siEn said application on behalf of the Incorporated Town of ',`lest Memphis, L'a Arkansas, and that said application be accompanied by a copy of this CYa resolution and a certified copy of the census taken under the provisions of Section 7662 and 7663 of Crawfords & Moses Digest of the Statutes of of Arkansas. The City Council agreed unanimously to pay the City/VIveirw. salt. : Y75.00 per month beginning June,l, 1935. It was agreed unanimously to pay the Arkansas Municipal League the sum of $15.00 for membership in said League for the year 1935. The folloWing ordinance was then introduced: 2--°11 .And ordianance to provide for the office of Marshall and to prescribe the duties thereof. Be it ordained by the town Council of the Incorporated Town of West Memphis, Arkansas: Sectioi- 1. There is hereby greeted and established the office of Marshall of the Incorporated Town of Nest Memphis. The marshall shall be elected annually by the Council and shall hold-his office until his successor shall -qualify after the next regular election of officers of the Incorporated Town of West TS Iecphis, unless sooner re- moved by the Council. He shall give bond to the state for the use of the town in a sum to be fixed by the Council, conditioned that he will faithfully perform the duties of his office. He shall be executive officer of the Mayor's court and shall execute all process to him directed. "e shall perform such other duties as may be required of him by ordinance or direction of the Mayor. The fees of Marshall shall be the same as are allowed-by law to sheriffs for performing similar duties, and such other fees and emol tents as may. be fixed by ordinance. The above fees shall in all cases be taxed as cost against the losing party. He shall pay over to the Treasurer all finds, penalties and other moneys by him collected, taking the Treasurer's receipt therefor in duplicate , one of which re- ceipts shall be filed with the Recorder forthwith. Secti-on. 2. He shall account to the Council monthly and as much of tener as requested by the Council to do so. The Council may provide for a monthly compensation to the Marshall in full of all his services upon such terms and conditions as to it may seem proper. Upon the expiration of his term of office or upon his removal or resignation the Marshall shall turn over to his successor all papers and property that may come to his possession by virtue of his office. Section 3. It being necessary for the immediate preservation of the public peace, health and order that the Incorporated Town of West Memphis, Arkansas, create and fill the office of Marshall an emergency is hereby declared and this ordinance shall take effect and be in force from and after its passage. T'pon motion that the rules be suspended the following voted in the affirmative: ) W. H. Hundhausen, J. O. Spotts, C. H. Brown, Noah Phillips, L. '. Bernhard, and E. L. Jacks. The' ordinance was read the second time and the motion we's made that the rules be suspended and then the ordinance was reed the third time and the question being on the adoption of the said ordinance and` the following voted in the affirmative: : W. H. Hiihdhausen, J. C. Spotts, C. H. Brown, Noah Phillips, L. P. Bernhard, and B. E. Jacks. Whereby said ordinance was declared adopted and Recorder was directed to spread same upon the record of ordinances of the Town of `.'lest Memphis and to have same published as required by law eeana to-:number same There being no further business to come before the Cou icil same was adjourned, W. H. T7NDH ITSEI, Mayor J. 0. Spotts, Recorder i.:n-UTES On Tuesday, the 9th day of tittly, 1935, the City Council of the incorporated - Town of West Memphis met in the offices of the Johnson Auto Company at eight o'clock P. E.,with the following members present: .1. H. .Hundhausen, J. 0. Spotts,. C. H. Brown, Noah Phillips, L. P. Bernhard, S. E. Jacks, and J. E. `rise. The following resolution was unanimously passed:- WHEREAS the Town Council duly submitted the question of the annexation of the following described contiguous territory to the qualified elec- ' tors of the Incorporated Town of West L:e nohis, Arkana' s, more than on month prior to the last annual election by resolution and notice duly adopted and published and, 'WHEREAS a majority of the votes cast on the question was in favor of the annexation of said contiguous territory and, W".L.':EAS said incorporated Town of 'West Memphis, Arkansas, duly pre- sented its petition to the honorable County Court..of Crittenden County, Arkansas, praying for the annexation of said territory, which petition' . was duly filed and a hearing set thereon for May 15, 1935, of which hearing publication was duly and legally made and, ;V;LREJS at said hearing no protests were filed and the said County Court being duly advised in the premises ordered the annexation of said territory to the Incorporated Town of ',lest Memphis, Arkansas, said territory lying in two tracts, the first being described as follows: Beginning at the intersection of the center line of Ten Mile Bayou and the West boundary of the right-of-way of the Hulbert- Marion Cut-Off of the St. Louis and San Francisco Railroad, a point in Sec. 7, T. 6 N. , 2. 9 B. , Crittenden County, Arkansas, and also a point on,the boundary of the present limits of the Incorporated Town of West Memphis, Arkansas; thence Easterly along the said center line of Ten Mile Bayou to the East boundary of the Wiest Half of Sec. 8, T. 6 N. , R. 9 E.; thence South along the East boundary of the West Halves of Sections 8 and 17,: said town- ship and range; to:.they center_ bf .said_ Sec.-.17; thence West elong the South boundary of the North Half rf said Section 17 to the West bet:Oary of said Section 17; thence South along the Nest boundary of Section 17 to the Southeast corner of Section 18 said township and range; thence west along the South boundary of said Section 18 a distance of 2,000 feet; thence North to an intersection with the North-boundary of the right-of-way of the Chicago Rocl; Island and Pacific Railroad; thence Northeasterly along the North line of said right-of-way to a point 1170 felt perpendicularly distant from the East line of said Section 18, said etownship and range; thence North to an intersection:with the - East and Vest half section line of said Section 18, thence East to -`the East line of said Section 18, thence North along the Last boundaries of said Section 18 and Section 7, -6-N, R-9-E, to a point 200 feet North of .the Southeast corner of said Section 7; thence :lest and 200 feet North of and parallel to the South line of said Section 7 to an intersection with the ..east line of said right-of-way of the Hulbert-.:arion Cut-Off of the St. Louis and San Francisco Railroad; thence Northwesterly along said ;;est line of said right-of-way to the point of beginning. and the second of said tracts being .described as follows: Beginning at a point on the North line of Section 12 T-6-N, R-S-E, in Crittenden County, Arkansas, 200 feet hest of the Northeast corner of said Section 12, said point is also the Northwest corner of the incorporated Town_ of 'lest Memphis, Arkansas; thence West along the-North line of said •Section 12 to an intense ction with:the the North and South half section line of said Section 12; thence South • along the North and South half section lines of Section 12 and 13, said township and range, to the center of said Section 13; and thence East along the East and West half section lines of said Section 13 and Section 18, T-6-N, R-9-E to an intersection with the East line of the . right-oft-way of the :iulbert-PJarion Cut-Off of the St. Louis & San Francisco Railroad; thence Northwesterly and following the present boundary of the Incorporated Town of 'West Memphis, Arkansas, to the point of beginning. The above described land embraces all of the Last Half of Section 12, T-6-N, R-8-E, the Northeast quarter of Section 13, T-6-N, R-8-E, and the Northwest quarter of Section 18, T-6-N, R-9- :, ' with the exception of those parts of said section already embraced within the boundaries of the Incorporated Town of '~lest Memphis, Arkansas. I NOW THEREFORE be it resolved by the Town Council of the Incorporated Town of West Memphis, Arkansas, that the annexation of said above 1 described contiguous territory to the Incorporated Town of West Memphi , Arkansas, so made as above -set forth be and the same is hereby approved and accepted. The Mayor was authorized by the City Council to employ J. T. Herrod and Frank Warren of #est-NenipEis to lcotpile a bensus_of the said- Town, including the - recent annexation. There being no further business to come before the Council same was adjourned, to meet again at the same hour and place on the -� 16th day of July, 1935. W. H. HUNDHr_USEN, Mayor In J. 0. Spotts, recorder C'a MINUTES On Tuesday, the 16th d day of July, 1935, the Town Council of the Incorporated Town of hest Memphis met in the directors room of the Bank of 'West Memphis building at 8:00 P.M. with the following members present: H. i iundhausen, Noah Phillips, E. E. Jacks and 7. 0. Spotts. There being no official business to be disposed of the meeti.n ^,after• short discussions was ad j'ourned to meet again=:at the same hour cnd place on the -- , 23rd day'--of July, 1935. • Un Tuesdu;, the _23rd day of July, 1935, the City 6ouncil of the Inceeeeratee Town of West .em1 his met in the Directos room .of the Bank of West Mem phis lei d 7 t 9.:50 P.M. with the following. members pre ent: Wm. H. Hu dhausen, te, C. H. Brown, J E Wise, Noah Phillips, E. E. Jacks, Led S./ P / e following ordinance was ther introduced and read the _^ rr+ r r. e1V VL1J.l1-....,vL VAe.--_1...0 __ CITY _li 1Av:\,LN4r VO1'ru+1vL... _., A ee Oee e._ la- :_-_-:; __:e• _ ..e i 1CA :Iee,e OF ITS r Be it ordained by the City Council of the City of West Mem_:.._ _ __ .. Section 1. PURPOSE. In order to direct the future development c._ city and encourage its social and economic improvement in accordance with r city planning principles and to insure .the orderly, efficient, and economic arrangement and .development of future public works projects, tier' is horehe ceeated a commission to be known as the City Planning Commission. ection 2. 1+EMBER.S. The City planning Commission shall consist nine . (9) no-Lev, including the Mayor, City Engineer, when such office shaT ' re--) creme _ ending ;its creation a cor-ipetant civil engineer to he appo -_- ".y th, and a member of the City Council, the latter to be seley' , the- C o sil from among its members. The other six (6) members shy.'l iti'•_:: ,-: i.fied by hna vlecs 7e or experience to act upon matters pert to the phy . _:d , and oconoxni`c development of the City. The c t �_ . members she _ ' eed by the layer and in the first instance three r _es shall be app 4-'tei for a y.eriod,,.of two (2) years, three (3) re-- (4) years, and thereafter all appointments shall be made for terms of ice (4) years. ,Appointments to fill vacancies sti_ _' ' ',e for unceeree Jeers Any member of the Commission, except the men'- the C " - nnie_'- e removed be the layer at a:- "•r' :, fee fi,ee ee :horn. ers sha ;i t out eem-`'ensation. Yl ve i oCyD i(e. r.,c V:r 71 _ _.. -.,"- _. , e _tie Section 4. DUTTES. The duties of the Commission shall be to prepare a comprehensive plan or plans showing' its ideas and recommendations for the physical deteloprcnt of the city; to -provide such programs, drawings, maps, . or plans coverin the whole or any yportion of said - it y'and of any lands outside of said city which in the opinion of the Commission, bears relation to the development or welfare of the city and said plan or plans shall show the Commission's ideas and recommendations relative to the location, width, and arrangements of streets, alleys, bridges, grade 'separations, parks, parkways, playgrounds, schools, public institttions, or other ,public grounds or improve- ments; -•the grouping of public buildings, the design and placing Of any memorials or works of art; transportation facilities, such aw railroad, railway and motor; street appurtenances, including lighting; standards, street name signs, poles end wires, projecting; sissasand the like; zoning plan and ordinance for the classifi- cation and regulation of land uses and open spaces about buildings; and any ether matters, pertaining tc the physical, social, and economic im rovcm n_t of said city er any portion thereof. • Section 5. SUB-DIVISION OF l..—,, ._ll plans and plats for the sub-division or f 'ivision of land into o . . . t and/or building lots shall be submitted to the ' -,- e_ { .g• Commission fc_ its recommendations before final acceptance or ar; - e_..:. city. Such recommendations by the Comm s onwithin i si �._ thl ty (3C) d. . end failure to do so shall ecnstiture a waiver of its eiehts to • pins plan or ;Mat. • Section J iO O.00e _ It shall be the duty of the City Planning Commission to ,` - , of public works pro- ram to the Mayor and City Council_ en the first of January year, eand it shall also be the duty of each and ever;,.- city department or gone- to furnish the Commission, upon request, any data, plans, estimates, .or programs and to collaborate with said Commission in the preparation of sucl-: public works pro:srams. Section 7. :SPURTS. The Commission shall make an annual report to the and City Council-covering their investigations, transactions, and recommend- ations, and such L ther renorts relative thereto, as it mast deem proper or as requested by the .Mayor or City Council and said Commission mar employ such city. • planners,' engineers, architects, clerks, and other '.iersons, whose salaries, and compense '-` ens end other necessary expenses of said Commission •and its marber.s shall provi at the discretionof '-9- Council be • - - .. tio.� _,,c City Co by proper appropriationses ?in .. - ..,d said City Council is hereby authorized to do so in any manner ' - ,t with the laws of the State of nr?:ansas. lion S. .:i It shall alsonb,e the duty of the Commission to . enl recommend -•',,h notional, state, and municipal legislation as may be necessary in carrying out the recommendations or suggestions of the Commission. Section 9. a1E. CT. This ordinance shall take effect and be in force from and after its passage and approval by the Mayor. Section 9. WHERELS the City of ',iest Memphis is growing at a very rapid rate and so far without any plans for such future growth, and whereas such plans are immediately necessary ry in order to provide for the proper growth and dsvelo - ment of said city, now therefore an emergency is hereby declared and this .. ordinance being necessary for the immediate preservation of the euhlic peace, health and safety shell take effect and be in force from and after its '-aesaee. • Upon-potion that tithe rules be..suspended the following,-voted in the affirmative: W. H. Hundhausen, J. 0. Spotts, C. H. Brown, Noah Phillips, L. P. Bernhard, J. E. Wise and E. E. Jacks. The ordinance was read the second. time and the mot-ion-Was made that the rules be suspended and theft-i?-.e' ord ihance`-wa.s-read the third time and the question being on the adoption of the said ordinance and the • fo1_Lo in at d in the affirmative : W. H. Hundhausen, J. 0. Spotte, C. H. Brown, 'Hoch E. Wise, L. P. Bernhard and E. E. Jacks. 'hereby said ordinance was declared adopted and the Recorder was directed to spread same upcn the record of ordinances of the Town of West Memphis and to L--j -.ve same published as reqnired l ae,and to number same . • Mayor Nusidhausen reported that the taking'of the census'of the Town 'ofH :Test 1,:emphis had been completed and that upon the lath day of July, the said census was filed and duly verified in his office and that- said. census showeda population residing within the corporated limits of said town of 2255 persons. In view of the results of this census it became evident that the said Incorporated Town of ':lest Memphis was entitled to be advanced to a city of the second class. The following resolution was then unanimously adopted. RESOLUTION BE IT REESOL1JED by the Town Council of the Incorporated Torn of West Memphis, Arkansas, that applicatidn be made to the Board of Municipal Corporations to have ' the Incorporated Town of West Memphis, Arkansas, declared a city of the Second class; that the Mayor and Town Recorder be authorized to sign said applic:..tion on behalf of the Incorporated Town of West Memphis, Arkansas, and that said application be accompanied by a copy of this resolution and a certified copy of the census taken under the provisions of Section 7662 and 7663 of Crawford & Moses Digest of the Statutes of Arkansas. In order that the proper application might be drawn up by the City Attorney ,the said Council adjourned to meet again the same hour and place on Friday the 26th day of July, 1935. MINUTES On Friday the 26th day of July, 1935 the Town Council of the Incorporated Town of West Memphis, Arkansas met in the Directors room in the Bank of West Memphis Building all members of the said Council being present. The purpose of the meeting being to make application to the State Board of Municipal Corporations hfatng a charter declaring the City of West Memphis to be a city of second class the following application was presented to the Council, unanimously agreed upon and executed by the Mayor and Recorder. TOm-P d' • STATE BOARD OF MUNICIPAL CORPORATIONS:— ' Comes the Incorporated Town of West Memphis, .,Arkansas, acting by and through its Mayor and Town Recorder and respectfully petitions that the Incorporated Town of West Memphis, Arkansas be advanced to and declared a city of the Second Class, it possessing the Necessary population to entitle it to be so advanced. WITNESS our hands this 26th day of July, 1935. •gr-.,` INCORPORATED TOWN OF ',;EST MEMPHIS, • ARKANSAS ' ATTEST: By W H Hundhausen J C Spotts Recorder • There being no farther business to come before the Council same was adjourned +'r ri Hundhausen, Mayor ATTEST: J 0 Spotts, Recorder • IITUTS On Tuesday the 3rd day of September„1935 the Town Council of the Incorporated •Town of "West Memphis met in the, Directors room of the Bank of Wept Memphis Building, all members of the Council being present. TiT'ss resolution was introduced. APPLICATION RESOLUTION [—I • Aresolution authorizing the City of ','lest Memphis, Arkansasto file an applic•{tion to the United States of America through the Federal Zmergency Administration of Public Works for a loan and grant to aid in financing the construction of Public Park, Community House, Racing Track, .Airplane Field, etc. , and designating; Wm. H. Hundhausen to furnish such information as the Government may request. Be it resolved by the City Council of West Memphis, Section 1. That Wm. H. Hundhausen, be and he is authorized to execute and file application on behalf of City of 'West Memphis, Ark<nsas to the United States of America for a loan and grant to. aid in financing the construction of Public Parks, Community House, Racing Track, Airplane Field, etc. Section 2. Mat Wm. H. Hundhausen, Mayor, be hereby authorized and directed to furnish such information as the United States of Asisrica through the Federal Emersency Administration of Public ''arks may reasonably request in connection ;;i.th the application which is herein authorised to be filed. After lengthly discussion the above resolution was unanimously passed and the City Attorney was authorized to deliver sam to the Pere, Officials in Little Rock. There being no further business to .COMB before the Council same was adjourned. MINUTES On Tuesday the 1st day of October, 1935 the Team Council fo the Incorporated Town of Nest Memphis met in the Directors room of the dank of West Memphis Building, all members of said Council being present. The following ordinance wes introduced and read the first time. ORDINANCE No.. / AN ORDINANCE ADOPTING A PLU:::3ING CODE FOR THE CITY DF WEST MEMPHIS, Ai KANSAS. :I Be it ordained by the Council of the City of .lest Memphis, .-rkansas:- Section 1. That the Plumbing Code of the National Association of. :..aster Plumbers of the United States of America, Incorporated, adopted by said Association at New Orleans, Louisiana, in June 1933, a printed copy of which has heretofore been filed as a public record in the office of the Recorder. of .lest Memphis, Arkansas, be and the same is hereby adopted and declared to be the Plumbing Code for the City of west Memphis, Arkansas, and that all plumbing hereafter installed in said city shall conform to the requirements of said Plumbing Code. Section 2. Any person violating any of the provisions or requirements of said Plumbing Code shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined any sum not exceeding ,iS50.00. ;Old YIL.:• H. iivNDii-ivTSuN, ATTEST: J. 0. SPOTTS, RECORDER Upon motion that the rules be suspended and the ordianance be read the second .--i time the following voted in the affirmative: W. 7. Hundhausen, J. 0. Spotts, C. H. Brown, J E Wise, Noah Phillips, E. E. Jacks, L. P. Bernhard. Motion was then made that the rules be suspended and:the ordinance read the third. time and placed on final passage. The question being on the adoption of said ordinance the following voted in the affirmative: '.1 H Hundhausen, J 0 Spotts, C. H. Brown, J E Wise, Noah Phillips, E E Jacks, and L P Bernhard. Whereupon said ordinance was declared adopted and the Recorder was directed to spread same upon the record of Ordinances for the Town of : est Memphis and to have same published as required by law and to number same The following ordinance was then introduced and read for the first time. AN ORDINANCE ADOPTI C; .u. e e (!1�B C N l'\� eF AIL V'i 1�.{Jli' �11I , ARLe 11EAS. 1.,}yuv a1V__... .J.0 _ 1L 1.. V 11 Be it ordained by the .Council of the City of `lest Lemphis, �1rkansas:- Section 1 . That the 1933 National Electrical Code containing the regulations of the National Board of Fire Underwriters for Electric wiring and Apparatus as recommended by the National Fire Protection Association effective November:1, 1933, a printed copy of which has heretofore been filed as a public record in the office of the Recorder of 'lest Memphis, Arkansas, be and the same is hereby adopted r---, and declared to be the Electrical Code for the City of West Memphis, ..Arkansas, and that electrical installation and apparatus hereafter installed in said J . city shall conform to the requirements of said Electrical Code. U Section 2. Any person violating any of the provisions or requirements of said Electrical Code shall be deemed guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not exceeding 50.00. 'dM. H. HUNDHAUSE , 1,-.A:'02 ATTEST: . S. 0. SPOT�, RECORDER. Upon motion that the rules be suspended and .the .ordinance be read the second time the following voted in the affirmative: H. Hundhausen, J. O. Spotts, C. H. Brown, J E ,Wise, Noah Phillips, E. E. Jacks, and L P Bernhard. 9' MOtion was then made that the rules be suspended and the ordinance read the third time and placed on final passage. The question being on the adoption of said ordinance the follwoing voted in the affirmative: W. H Hundhausen, 3. O. Spotty, C. H. Breen, J E -,7ise, Noah Phillips, E. E. Jacks, and L. P. Bernhard. .Whereupon said ordinance was declared adopted and the Recorder was directed to spread same upon the record of Ordinances for the Town of ,West Hemphis , and to have came published as required by law and to number same . ;1/ There being no further business to come before the Council same was adjourned. i MINUTES ` On. Tuesday the 5th day of November, 1935 the Town Council of the Incorporated Town of West Memphis met in the Directors room of the Bank of West Memphis Building with following members present : W. H. Hundhausen, J. O. :potts, C. H. Brown and Noah Phillips. Mayor Hundhausen reported that no business was to come up therefore the said Council adjourned to meet again the same hour and place on Tuesday the 12th day of November, 1935. in On Tuesday the 12th day of NNovF mber, 1935 the Town Council of the Incorporated Town of West Memphis, met in the Directors room of the Bank of West Memphis ' Building, all members of said Council being present. The following ordinance was then introduced and read the first time. ORDINANCE AN ORDINANCE TO PROHIBIT AND PUNISH GAMING. Be it ordained by the City Council of the City of West Memphis, arkansas: Section 1. Every person who shall set up, keep or exhibit any gaming table or gambling device commonly called A B C, E 0, roulette, rouge-et-noir, other gambling table or gambling device, or bank of the like or similar kind, or of any other description, although not herein named, be the name or denomination what it may, adapted, devised or designed for the purpose of playing any game of chance , or at which any money or property may be won or lost, shall, upon conviction thereof, be fined in any sum not more than one Hundred Dollars, and may be imprisoned or work on the streets any length of time not less than thirty days nor more than one year. Section ". If any person shall in any way, either directly or indirectly, be interested or concerned in any gaming prohibited by Section 1 of this ordinance either by furnishing money or other articles for the purpose of carrying on cornice, or being interested in the loss or gain of such prohibited gaming, shall upon conviction thereof, be fined as in Section 1 of this ordinance. Section 3. If any person shall be guilty of betting any money or other valuable thing or any representative of anything that is esteemed of value on any of the games prohibited in Section 1 of this ordinance, he shall upon conviction thereof be fined in any sum not more than one Hundred Dollars. Section 4. If the owner or occupant of any house, outhouse or other building • shall knowingly permit or suffer any of the before mentioned games, tables or banks or shall suffer any kind of gaming, under any name whatsoever, to be carried on or exhibited in the houses or outhousee or other buildings, on conviction thereof, • every such owner or occupant shall be fined in any sum not more than One Hundred �' Dollars, and may be imprisoned or work on the streets not less than thirty days nor. eore than one year. , Section 5. It is hereby made and declared to he the duty of the Mayor of the City of West Memphis, on information given, or on his own knowledge, or where he has reasonable grounds to suspect , that he issue aewarrant to the marshal, directive in such warrant a search for such caning tables or devices herein before. mentioned or referred and directing that on finding any such they shell beneeblicly burned by said officer. Such warrant may be substantially in th following fora: The- State of .Arkensas To the Marshal of the City of West T Memphis > hereae, information I;.:.s been given to the undersigned mayor of the City of • West Memphis (or whereas it has come to the knowled -e of the undersigned, etc. , nn or whereas the undersigned, etc. , has reasonable grounds to suspect) that there is at in said City of de et ,.:emphis, a certain gaming device commonly LOU called there kept contrary to the ordinances in such case made and- provided. You are therefore hereby commanded to make search there for such gaming device and if the same be found then burn the same according to law. Hereof fail not and make due return of this writ. Given under my hand this day of . 193 i s .YO Section 6. The officer executing such warrant, and burning by virtue thereof any gaming device as required in the last preceding section, shall on the making f of his return to the .::ayor- , and getting the statement of the ;.k;ayor that said 1 warrant had been returned to him, duly executed by the burning of any gaming J device, stating what or describing the device burnt, indorsed on such warrant, be entitled to- his fees for such' service to be paid by the person keeping such ambling table. • Section 7. If any person shall be guilty of betting any money, or any valuable thing on any game of brag, .bluff, poker, seven-up, three-up, twentyone, vine- tun, thirteen cards, the odd trick, forty-five whist, or any other game at cards known by any name now known to the laws, or with any other new name, he shall,upon-- conviction thereof, be fined in any sum not less than ten nor more than twenty-five dollars. Section 8. If any person shall be guilty of betting any money or any valuable thing, or any game of hazard or skill, he shall upon conviction thereof, be fined in any sum not less than ten nor more than twenty-five dollars. Section 9. In prosecution under the preceding section it shall be sufficient for the affidavit for the warrant of arrest to allege that the defendant bet money or other baluable thing on a game of hazard or skill, without stating with whom the game was played. • a Section 10. Every person who shall set ur or exhibit, or cause to be set up or exhibited, or aid or assist in setting up, or eahibiting. any gaming device {�I commonly known and designated as daeno cr Kelly Pool", or any device similar t thereto, by any other name or without a name, each person so setting up or exhibiting such device, or aiding or assisting in exhibiting, 'or setting up such device , shall upon conviction thereof, be fined in any sun not more than One Hundred Dollars. Section 11. It appearing that the City of -Nest 1emphis is without any gambling ordinance and that gambling has become exceedingly prevalent so as to endanger the peace, health and morals of the community, an emergency is therefore declared and this ordinance shall take effect and be in' force from and after its passage. Upon motion that the rules be suspended and the ordinance be reed the second time the following voted in the affirmative: 'd ii Hundhausen, J. 3. Snotts, C H Brown, J E Wise, Noah Phillips, E E Tacks, and L P Bernhard. Lotion was then -made that the rules be suspended and the ordinance read the third time and placed on final passage. The question being on the adoption of said ordinance the following, voted in the affirmative: Hundhausen, J 0 Spotts, C : 3rown, J E ',se , Noah Phillips, E E Jacks, and L P Bernhard. .dhereupon said ordinance was declared adopted and the Recorder waa directed to spread same upon the record of Ordinances for the Ton of'`'Test i.emphis e_d to have same published as required by law and to number same alidiV There being no further business to come before the Council sable was adjourned to �--� meet again the same hour and place on Tuesday the 19th day of November, 1935. laNUTES . On Tuesday the 19th day of November, 1935 the Town Council of the Incorporated Town of Nest 1L:emphis met in the private office of- the Johnson auto Company at 8:00 P. with the following members present: W. ... Eundhaueen, J. 0. Spotts , C. H. Brown, J. E. `,Wise, and E B Jacks. The following resolution was then introduced and unanimously passed. aril ++�� :BSOLUTI3N IT 1"ESOL iaD: That the resolution of a::areh 30th, 1935 providing for bids one-vitrified clay wipe only be and the same is hereby repealed and the that Sewer Committee be and it is hereby directed to call for bids upon both vitrified clay pipe and concrete sewer ripe and to direct its engineer to prepare the plans and specifications . or :.Y its sewer system accordingly. . The following resolution was then read and unanimously passed. RESOLUTION Resolved tha the plans and specifications for a sewer system for the City of , West Memphis prepared by M. C. Baumann, Engineer, and approved by the Sewer Committee be and the same are hereby approved. There being no further business to come before the Council same was adjourned. r - i.:IP:JTES On Tuesday the 3rd day of December, 1935 the Town Council of the Incorporated Town of West illemphis met in the Directors room of the Bank of West Memphis Building, all members of said Council being present. The following ordinance was then introduced and read the first time. ORDINANCE No. 3 3 n ordinance to levy an annual occupation tax upon all persons, firms and corpor- ations engaged in, carrying on or following certain trades, businesses, professions, T.-1 vocations and callings within the corporate limits of the City of ;lest L'iemphis and C.I. to provide for punishment upon violation thereof = Be it ordained by the Council of the City of West Memphis:- Sec. 1. That an, annual license fee be and the same is hereby levied and assessed upon every person, firm or corporation engaged in carrying on or following within the corporate limits of the City of ;lest Memphis, each of the following trades, businesses, professions, vocations and/or callings in the amount set opposite the name of the trade, business, profession, vocation and/or calling herein mentioned, viz; (1) General .Merchandise Stores carrying an average, stock of goods not in excess of 05000.00 25.00 ( 2) General Merchnadise Store carrying an average, stock of goods in excess of w5000.00 40.00 :.; Drug Stores 25.00 :-) Grocery Stores 75.06 ( ) -Restaurants, Lunch Rooms, Cafes, etc. 15.00 (6) Fruit Stands 25.00 (7) Furniture. Stores 25.00 (5) Wholesale, Groceries & Produce 50.00 (9) I e Plants 100.00 (10) Oil ::ails. 100.00 (11) Compresses Cotton 100.00 fl (12) Cotton Gins 100.00 (13) Telephone Exchanges 100.00 (14) 'eater '.`Works System 100.00 (15) Electric Light & Power Plants 100.00 . 1 (16) Distillery 100.00 i (17) Retail tire Dealers 25.00 1 ; (18) Wholesale Gasoline & Oil Dealers 50.00 7 . xk (19) Retail Lumber c LuTRely Dealers 1 (20) Cotton Buyers & Brokers •'i. (21) Banks & Banking 50.00 (22) Pressing Dry Cleaners Plants 25.00 (23) Wholesale Whiskey Stores . 100.00 (24) Retail Whiskey Stores 25.00 • (25) Insurance agency - General ins. 25.00 (26) Pluabing 3usiness or Contracting 15.00 (27) Blectrical Wiring & Installation 15.00 (28) :Tewspaper Publishing and/or Job Printing 25.00 [i] (29) Retail Gasoline & Oil Staions • (for each active pump) • 10.00 (30) Garages and Auto-Repair Shops 25.00 (31) Retail Automobile Dealers 25.00 (32) Barber Shops 10.00 (33) Beauty arlors ' 10.00 (34) Real estate Agents 10.00 (35) Attorneys-at--law, 1.0.00 (36) Physicians and/or Surgeons 10.00 • (37) Civil engineer 10.00 • (38) Dentists • 10.00 (39) Shoe Cobblers 5.00 (40) Fish learket 10.00 [I] (41) Jewelers and/or Watch Repairers 5.00 (42) Bus Stations 10.00 (43) Hotels of. More than 10 rooms 25.00 (44) Hotels of less than 10 rooms •and/or Lodging arouses 5.00 (45) Undertakers 10.00 (46) Wholesale Beer Distributors 25.00 • • (47) 'Bakery . 5.00 (4a) Second Hand Tire Dealers 25.00 . (49) Billiard Parlors (for each table) . 2.50 (50) Building and/or General Contractors 25.00 (51) Old, Iron and/or Jun Dealers 50.00 fl (52) Dealers in Faru achinery implements 25.00 Section.2. +here two or more businesses each of which require the payment of a separate license shall be carried on by any person firm or corporat ion upon the same premises the license shall be an amount. equal to the highest license provided for the carrying on of any such businesses separately plus one-half the license 'fee provided for carrying on each of the other businesses separately. Should any business, trade, profession, vocation or calling be begun after the second 11:onday in January of any year the license fee applicable shall be that pro-rate part of the license fee for one year which the number of unexpired months in such- year bears to twelve. All licenses shall expire on the 31st day of December in the year of their issuance. Section 3. The licenses or occupation taxes herein provided shall bo pays` ?e on • or before the second ':Gnday in January of each year, or within two weeks after e. 111! beginning any business, trade, profession,vocation or calling subject to license, and shall expire on`fecember the 31st following, Said licenses shall be payable to the Recorder who shall issue his receipts in triplicate, one of which shall be delivered to the licensee, one to the Treasurer and the third* shall be retained by the Recorder. The Recorder shall make monthly settlements with the Treasurer and ray over to him all licenses collected. / Sec. 4. The Recorder may, upon written application therefor, and with the approval of the Mayor endorsed thereon, extend the time for the payment of any license for not exceeding thirty days but no second extension of time shall be granted. f Sec. 5. tiny person, firm or corporation who shall engage in, carry on, or follow • a;j,y:of the trades, businesses, professions, vocations or callings specified in Section One hereof within the corporate limits of the City of '`lest Memphis without having first paid the license fee or occupation tax as herein prescribed shall be deemed guilty of a violation of this ordinance and upon conviction thereof shell be fined in any sum not exceeding One Hundred Dollars and each days violation shall constitute a separate offense. Sec. 6. Should any provision of this ordinance be declared illegal or unconsti- • tution 1 such decision shall not affect the remaining provisions hereof, it being hereby declared that the intention of the Council is that such remaining pro- C.C> visions should stand as though separately enacted. Sec. 7. This ordinance shall take effect and be in force on and after the first cZ; day of January 1936. Upon motion that the rules he suspended and the ordinance read the secon: time the following voted in the affirmative:• W. H. Hund.hausen, J. O. Spotts, C. 27. ",rot;:.,,, J E `rise, Noah Phillips, E. E. Jacks, and L. P. Bernhard. The ordinance eas then read the second time and motion was male that the rules be suspended and the ordinance read the third time and placed on final passage. 'whereupon the followine voted in the affirmative:'.. H. Irundhausen, J. O. Spotts, C. H. Drown, T. . 1ise , Noah Phillips, E. E. Jacks and. L. P. ''ernhard. Thereupon said ordinance was declared adopted and the Recorder was directed to spread same upon the record of ordinances of the said Town end to have same published as required by law and to number same #33. The roll w s then called upon the adoption of the emergency claus of said ordinance whereupon no foll-ortine voted in the affirmative: iundhausen, T. Spotts, C. H. Brown, J. E. 7ise, E. E. Jacks, Hoah 7ehillips, and L. 1'. Bernhard. There being no further business to come before the Council same ,gas adjourned. MINUTES •:n 'TUesda• the 7th c,'c s, of January, 1036 the Town Council of the Income ated Town of :lest Memphis met in the Directors room of the Bank of -.lest Memphis Building. with they 011owinF members present: ;e H. i?undhausen, J. O. Stotts, O. 7. 'row;, J. P/ :'ise, Noah Phillips, H. E. Tacks , and L. P. Bernhard. ' undhauson'(('xenerter, there was no business to come before th- Council therefore said .Council adjourned to meet again at the same hour and place on Tuesdaythe 14th day of en uery, 1036. LINUTLS 14th day of • anuary, 1036 the Toen Council of the incorporated Town of °Jest Memphis met in the Directors jioom of the Bank of :Vest Memphis present 3uild.in�-s o! with all members i p._ nt same laving been notified inwriting�i.ng as neene.aeea by law. The followixr: resolution was then offered: RESOLUTr He it resolved that the -_1teruate "C" bid of the Hall-Baumann ;gonatnictior Company for constructica of a sewer system for the Town of jest I: emphi_e in the amount of i';54,455.47 be and the same is hereby accepted. The voting balm-: on said resolution as follows: affirmative, . H. Eundhamnssn, L. S. Bernhard, -Noah e. E. Jacks, negative, J. .".. Vise, C. H. Brown, 'and J. O. Spotts. The Recorder was then instructed to prepare five certified copies of said resolution and mail same to -Alexander Allaire, State PWA n ineer, Little Hoc , yr, s as. The Mayor wcs then authorized to purchase five cars of gravel for use on prenarin_ City streets. There being, no further business to come before the Council same was adjourned. MINUTES On Tuesday the 4th day of February, 1936 the Town Council of the Incorporated Town of nest Memphis met in the private offices of the Johnson Auto dompany at 8:00 P. M., all members being present. Motion was made by J. E. Wise that the Mayor appoint a committee of three to investigate the condition of the Fire Department and equipment and make a report at the next meeting. Upon proper second the motion was unanimous and the Mayor thereby appointed Noah Phillips, E. E. Jacks and J. E. "Wise on said committee. Motion was made by Noah Phillips that the Fire Chief of the .West Memphis Volunteer Fire Department be placed on a salary of $15.00 per month and be required to keep the Volunteer Firemen organized and active at all times and to keep the fire fighting equipment in good condition. Also that the Volunteer Firemen be paid $2.00 each for each fire attended in compensation for their services. Motion was then made and unanimously adopted that the City Marshall be required to wear uniform at all times while on duty and that his salary be raised in the amount of $10.00 per month to compensate him for his additional cost of uniforms. The following ordinance was then introduced and read the first time. 0RDINOCE An Ordinance to preserve the public peace and to prevent crime. 3e .it ordained by the City Council of the City of ,Pest Memphis, Ark. : Section 1. Any person who shall wear or carry in any manner whatever ""1 f as a weapon any dirk or bowie knife, or a sword, or a spear in a cane, brass or metal knucks, razor, or any pistol of any kind whatever, except such pistols as are used in the army and navy of the United States, shall upon conviction thereof be punished as provided in this ordinance. Provided officers whose duties require them to make arrests, or to keep and guard prisoners, together with the persons summoned by such officers to aid them in the discharge of their duties, are exempt from the provisions of this ordinance. Provided further, that nothing in this ordinance shall be so construed as to prohibit any person from carrying any weapon when upon a journey or upon his own premises. Section 2. Any person, excepting such officers or persons on a journey any on their premises, as are mentioned in Section 1 of this ordinance, who shall wear or carry any such pistol as is used in the army and navy of the United States in any manner except uncovered and in his hand, shall upon conviction thereof be punished as provided in this ordinance. Section 3. Any person who shall sell, barter or exchange, or otherwise dispose of, or in any manner furnish to any person, any dirk or bowie knife, or a sword, or a spear in a cane, brass or metal knucks, or any pistol of any kind whatever, except such as are used in the army or navy of the United States and known as the navy pistol, or any person who shall keep any such arms or cartridge for sale, shall upon conviction thereof, be punished as provided in this ordinance. Section 4. Any person who shall be convicted of a violation of any of the provisions of this ordinance shall be punished by a fine of not (I] less than fifty nor more than two hundred dollars. ' Section 5. It appearing that the City is without any ordinance against the carrying of concealed weapons and is therefore unable to prosecute such offenses and there being an immediate necessity for the prosecution of offenses of this character an emergency is hereby declared and this ordinance being necessary for the immediate preservation of the public peace, health and safety shall take effect and be in force, from and after its passage. Upon motion that the rules be suspended and the ordinance read the second time the following voted in the affirmative: W. H. Hundhausen, J 0 Spotts, C H Brown, J E `wise, E. E. Jacks, Noah Phillips, and L P Bernhard. The ordinance was then read the second time and upon motion that the rules be The following ordinance ''as passed in the regular manner at a meeting of the Town Council on Tuesday, the 3rd day of December, 1935, published as required by law in the next issue of the Crittenden County Times but inadvertently left out of the records of minutes of said meeting. O.RDI1H DCE NO. 34 r.N ORDDTANCE TO DEFfl E HA'4d1 RS „.AD PEDDLERS: TO PRESCRIBE A LICENSE -ate ^ THEREFOR AND TO PROVIDE PU YISI-fl NT FOR THE VIOLATION OF THIS ORDINANCE. BE IT ORDAINED `?'1 THE COUNCIL OF TEE CITY OF ',TEsT ::EI.FHIS:i- Sec. 1. :Ihoever shall engage in the business of selling goods, wares or merchandise of any description other than articles grown, produced or manufactured by the seller himself or by those in his employ , by going from house to house or place to place within the corporate limits of the City of Viest ==emphis to sell the same, is declared to be a peddler or hawker. Sec. 2. Before any person.shall engage in the business of hawking and/or peddling within the corporate limits of the City of ;jest Memphis he shall procure a license to do so. Such license shall be issued by the Recorder in triplicate, one copy of which shall be delivered to the applicant, one to the City Treasurer and one kept on file in the office of the Recorder. The license shall show the date issued, the amount paid and the term for which issued. The Recorder shall charge and collect for each hawkers and/or peddlers license issued, depending upon the time for which issued, as follows: for one or more weeks at t'l,c rate of s3.00 per week; for one or more months at the rate of Dix Dollars ( 6.00) per month and for one year the sum of Twenty Five Dollars (yP25.00). Sec. 3. Any person who shall carry on or engage in the business of hawking and/or peddling within the corporate limits of the City of Jest Memphis .without having a license as required by this ordinance so to 7do shall be deemed guilty of a violation of this ordinance and upon 1 conviction thereof shall be fined in any sum not exceeding One Hundred Dollars ( 4.00.00) and each days violation hereof shall constiture a separate offense. Sec. 4. It appearing that the City of 'jest Memphis has no ordinance . licensing the business of hawking and/or peddling and is on account thereof losing the benefit of the amount which should be paid therefor and that the City is greatly in need of funds for policing its streets and carrying on other needed civic duties an emergency is hereby declared and this ordinance being necessary for the immediate preservation of the public peace, health and safety shall take effect and be in force from and • after its passage. W. H. Iiundhausen Mayor ATTEST: J. O. Spotts Recorder i i 1 ij i 105 suspended and the ordinance read the third time and placed on final passage the following voted in the affirmative: W H Hundhausen, J 0 Spotts, C H Brown, J E Wise, Noah Phillips, E. E. Jacks, and L P Bernhard. The ordinance was then read the third time and the question being upon the adoption of said ordinance the roll was called and the following voted in the affirmative: W H Hundhausen, J 0 Spotts, C. H Brown, J E 'rise, Noah Phillips, E E Jacks and L P Bernhard. The vote was then taken on the emergency clause of said ordinance and all members voted in the affirmative. ",'hereupon said ordinance was declared adopted and the Recorder directed to spread same upon the record of Ordinances of the said Town and to have same published as required by law and to number same #34.4 ,\ The following ordinance was then ORDINANCE /.introduced and read the first time. . r AN ORDINANCE TO DEFINE AND PUNISH "RECKLESS DRIVING". _., �3 Be it ordained by the Council of the City of ,lest ::emphis: Section 1. "Reckless driving" is hereby defined as driving any vehicle upon the streets, alleys or other public places within the corporate limits ,� of the City of nest Memphis carelessly and heedlessly in wilful and wanton L,a disregard of the rights or safety of others, or without due caution and = circumspection at a speed and in a manner so as to endanger or be likely to endanger any person or property. art Section 2. Every person convicted of reckless driving as defined herein shall be punished by imprisonment for a period of not less than five days nor more than 90 days or by fine of not less than 25.00 nor more than 500.00 or by both such fine and imprisonment, and on a second or subsequent conviction shall be punished by imprisonment for not less than 10 days nor more than six months or by fine of not less than :.;50.00 nor more than $1000.00, or by both such fine and imprisonment. e-- Section 3. All fines or forfeitures collected upon conviction or upon forfeiture of bail of any person charged with the violation of this ordinance shall be deposited in the city treasury in a special fund to be known as the "Highway Improvement Fund", which is hereby created and which shall be used I exclusively in the construction, maintenance and repair of the public highways, streets, alleys, bridges and culverts within the corporate limits of the city of Wrest Memphis. I Section 4. This ordinance shall take effect and be in force from and after its passage. Upon the motion that the rules be suspended and the ordinance be read the second time the following voted in the affirmative: W. H. Hundhausen, J 0 Spotts, C H Brown, J E 'Wise, Noah Phillips, E E Jacks, and L P Bernhard. The ordinance was then read the second time; and upcn motion that the rules be suspended and the ordinance read the third time and placed on final passage the following 4 voted in the affirmative: W..H Hundhausen, J 0 Spotts, C H Brown, J E Wise, Noah Phillips, E E Jacks, and L P Bernhard. The ordinance was then read the third time and the question being on its adoption the roll was called and the 1 following voted in the affirmative: W H Hundhausen, J 0 Spotts, C H Brown, J E Wise, Noah Phillips, E E Jacks, and L P Bernhard. Whereupon the said ordinance was declared adopted and the Recorder was directed I to spread same upon the reocrd of Ordinances of said town and to have same published as required by law and to number same #35. IThe following ordinance was then introduced and read the first time. ORDINANCE 1 AN ORDINANCE TO PROVIDE FOR THE ORGANIZATION OF THE CITY OF 'WEST ?1EMPHIS, ARKANSAS, AS A CITY OF THE SECOND CLASS. Be it ordained by the Council of the City of Nest Memphis: Section 1. That in order to provide for the government of the City of West Memphis as a city of the second class the qualified voters thereof shall on the first Tuesday in April in the year 1936 and on the same day every two years thereafter elect one mayor, one city attorney, one city marshal, one city recorder and one city treasurer, and each of the wards of the city shall elect two aldermen, which aldermen together with the mayor shall compose the city council. Said officers shall possess the qualifications required by law _WU and shall perform such duties as may be required by law and the ordinances of the City of .`lest Memphis. Section 2. This ordinance shall take effect and be in force from atd after its passage. Upon motion that the rules be suspended and the ordinance read the second time the following voted in the affirmative: W H Hundhausen, J 0 Spotts, C H Brown, J E Vise, Noah Phillips, E E Jacks, lad L P Bernhard. The ordinance was then read the second time and upon motion that the rules be suspended and the ordinance read the third time and placed on final passage the following voted in the affirmative . W H Hundhausen, J 0 Spotts, C H Brown, J E Wise , Noah Phillips, E E Jacks, and L P Bernhard. The ordinance was then read the third time and the question being upon its adoption the roll was called and the following voted in the affirmative: W H Hundhausen, J 0 Spotts, C H Brown, J E Wise, Noah Phillips', E E Jacks, and L P Bernhard. Whereupon said ordinance was declared adopted and the Recorder was directed to spread same upon the record of Ordinances of said town and to have same published as required by law and to number same #37. _ There being no father business to come before the Council same was adjourned. 1:ANTES On Tuesday, the 3rd day of Larch, 1936 the City Council of the City of ,lest Lemphis met in the Directors Room of the Bank of 'Jest Memphis Building at 8 o'clock P. M. same being the regular meeting date and all members being present the following proceedings ,:ere had to wit: The following ordinance was introduced and read the first time. • ORDINANCE NO. da", AN ORDINANCE AL ENDING ORDINANCE NO. 26 ENTITLED "AN ORDINANCE PROVIDING FOR 1-- . THE CONSTRUCTION OF A SEWER SYSTEM FOR THE INCORPORATED TO7N OF ;TEST I THIS, UARKANSt S: THE ISSUANCE OF SEWER REVENUE BONDS: FIXING RATES FOR THE SERVICE TO BE FURNISHED BY SUCH SYSTEM: AND PRESCRIBING THE DUTIES OF THE TOWN OFFICERS IN CONNECTION THERE lITH." PASSED AND APPROVED ON THE 20TH DAY OF NOVEV BER, 1934. BE IT ORDaINED by the Council of the City of ;lest L:.enphis, Arkansas Section 1. That Section 6 of Ordinance No. 26 entitled "An Ordinance pro- viding for the construction of a sewer system for the Incorporated. Town of 'hest Memphis, 11rkansas; the issuance of sewer revenue bonds; fixing rates for the service to be furnished by such system; and prescribing the duties of the Town Officers in connection therewith. " be and• it is hereby amended to read as follows: Sec. 6. That the System shall be hereafter operated upon a fiscal year basis. The first fiscal year shall commence upon the 1st day of November, 1936 (the estimated date of completion of the construction herein provided for) , anda shall end one year thereafter. Section 2. That Section 7 of said Ordinance No. 26 be and it is hereby amended to provide that the bonds shall be dated March 1, 1936; that interest be pay- able on September 1, 1936, and semi-annually thereafter on the first day cf Larch and September in each year; and that the bonds mature on Larch 1st of each year as follows: • BOND :M3ER BOIa :L1 ER r.LIO] TT ladz 1 •,1 500 _ 1938 18, 19 and 20 :;,i3000 1950 2 500 1939 21, 22 and 23 3000 1951 3 500 1940 24, 25 and 26 3000 1952 4 500 1941 27, 28 and 29 3000 1953 5 1000 1942 30, 31 and 32 3000 1954 6 1000 1943 33, 34 and 35 3000 1955 7 1000 1944 36, 37 and 38 3000 1956 8 and 9 2000 1945 39, 40 and 41 3000 1957 10 and 11 2000 1946 42, 43 and 44 3000 1958 12 and 13 2000 1947 45, 46 and 47 3000 1959 14 and 15 2000 1948 48, 49 and 50 3000 1960 16 and 17 2000 1949 1o7 Section 3. That the bond form set out in Section 8 of said Ordinance No. 26 be and it is hereby amended to provide that the interest shall be payable on September 1, 1936, and semi-annually thereafter on the first day of September and Larch in each year and that the bonds be dated 1:arch 1, 1936. Section 4. That said Ordinance No. 26 be and it is hereby amended by sub- stituting the words "City","City of West I:emphis", and "CityRecorder" for the words "Town", "Incorporated Town of West Lemphis", and "Town recorder", respectively. Section 5. It is ascertained and declared that the lack of a sewer system in the City of West Lemphis endangers the health and safety of the inhabitants of said City; that by reason of the present economic conditions manay Li citizens of the City are out of work and the improvements herein provided would furnish work. for a large number of men and thereby add to the peace and' happiness of the City. It is therefore, declared that an emergency exists, that this ordinance is necessary for the immediate preservation of the public peace, health, and safety, and that this ordinance shall take effect and be in force from and after its passage. Upon motion that the rules be suspended and the ordinance be read the second time the following voted in the affirmative; W. H. Hundhausen, J. 0. Spotts, 1—I C. H. Brown, J. E. Wise, Noah Phillips, E. E. Jacks, and L. P. Bernhard. The ordinance was then read the second time, and upon motion that the rules be suspended and the ordinance read the third time and placed on final passage the following voted in the affirmative; W. H. Hundhausen, J. O. Spotts, C. B. Brown, J. E. Wise, Noah Phillips, E. E. Jacks, and L. P. Bernhard. The ordinance was then read the third time and the question being upon its adoption the roll was called and the following voted in the affirmative; W. H. Hundhausen, J. 0. Spotts, C. H. Brown, J. E. Wise, Noah Phillips, B. E. Jacks and L. P. Bernhard. The roll was then cal] upon the adoption of the emergency clause of said ordinance and the following voted in the affirmative; J. H. Hundhausen, J. O. Spotts, C. H. Brown, J. E. Wise, Noah Phillips, B. E. Jacks and L. P. Bernhard. r-m ',thereupon said ordinance was declared adopted and the Recorder was directed to spread same upon the record of Ordinances of said ,,City, to have same published as required by law and to number same #38. • The following ordinance was then introduced and read the first time. • ORDINANCE NO. 39 AN ORDINANCE TO DIVIDE THE CITY OF WEST ioEMPHIS INTO THREE VIANDS 1,11D TO DEFINE TFIR BOUNDARIES. BE IT ORDAINED BY THE; COUNCIL OF TFII; CITY OF WEST LEIyFHIS: Sec. 1. That all that part of the City of West I.,emphis lying South of Cooper Street, West of the Frisco-Rock Island Cut-Off Railroad and • North of Highway No. 70 shall be and constitute Ward No. 1. Sec. 2. That all that part of the City of West Nerrphis lying South of Highway No. 70 and West of Tenth Street extended South to the present City Limits shall be and constitute Ward No. 2. Sec. 3. all the remainder of said City net embraced within the limits of Wards No. 1 and No. 2 shall be and constitute ':lard No. 3. Sec. 4. This ordinance shall take effect and be in force from and after its passage. Upon ::otion that the rules be suspended and the ordinance be read the second time the following voted in the affirmative : . --. Hundhausen, I. 0. Spotts, C. H. Brown, J. B. Wise, Noah Phillips, E. Jacks and L. P. Bernhard. The ordinance was then read the second time, and upon motion that the rules be suspended and the ordinance read the third time and placed on final passage the following voted in the affirmative; ',','. H. Nundhause, J. 0. Spotts, C. H. Brown, J. E. Wise, Noah Phillips, E. E. Jacks and L. P. Bernhard. The o ordinance was then read the third time and the question bein_: on its adoption the roll was called and the following voted in the affirmative; W. H. Hundhausen, 3. 0. Spotts, C. H. Brown, J. E. ''Wise, Noah Phillips, E. E. Jacks and L. P. Bernhard. Whereupon said ordinance was declared adopted and the Recorder was directed to spread same upon the record of Ordinances of said City, to have same published as required by law and to number same No. 39. There being no further business to come before said Council same was adjourned to meet again at the sane hour and place on Tuesday the 10th day of IYarch,1936. MINUTES ES Pursuant to last adjournment the City Council of the City of West Memphis met in the Directors Room of the Bank of lest Memphis building on Tuesday, the 10th day of March, 1936 at 8 o'clock P. M. all members being present, whereby the following proceedings were had to wit: U Thy following ordinance was introduced and read the first time . ORDINANCE N0. 40 AN ORDINANCE TO REGULL.TE THE SANITARY COEDITIO 3S ItiT TYRE' CITY OF ;`,EST MEMPHIS ARLArSAS. BE IT ORDAINTED BY THE COUNCIL OF- THE CITY OF WEST MsIw,PHIS: • Section 1. The owner or occupant premises upon which persons reside or which are frequented for pleasure or business shall keep such premises free from accumulation of garbage, rubbish, rags, tin cans, paper, empty barrels, bottles, boxes or any material which because of its character, condition or improper storage may invite the breeding or collection of flies, mosquitoes or rodents or which may in any other manner prejudice the public health. Section 2. It shall he unlawful for any person 'or persons to dump any of the material specified in Section 0ne hereof upon any vacant lot or lots or premises within the limits of the City of `,hest Memphis. Section 3. It shall be the duty of the owners of property occupied for residential, business or other purposes and lying not closer than 300 feet to any public sewer main or lateral within the limits of the City of est Memphis to maintain upon such property either an adequate septic tank where an indoor -a-' toilet is used or an outdoor sanitary privy which is constructed in a manner satisfactory to the State Board of Health, as per plans and specifications on file with the City Recorder. Section 4. Any person-violating any of the provisions of this ordinance shall be fined in any sum not exceeding 425.00 and each day's violation thereof shall constitute a separate offense. Section 5. It appearing that on account of the increase of population in the City of -Test Memphis and the inadequate method heretofore pursued for garbage disposal and the early approach of the summer season there is danger of a rapid spread of communicable diseases on account of unsanitary conditions an emergency is hereby declared and this ordinance being necessary for the immediate preservation of public peace, health and safety shall take effect and be in force from and after its passage. Upon motion that the rules be suspended and the ordinance be read the second time the following voted in the affirmative; W. H. Hundhausen, J. O. Spotts, C. H. Brown, J. E. Wise, Noah Phillips, E. E. Jacks, and L. P. Bernhard. The ordinance was then read the second tine and upon motion that the rules be suspended and. the -ordinance read the third time and placed on final passage the following voted in the affirmative; ;1. I . hundhsusen, J. 0. Spotts, C. H: Brown J. E. ':yise, Noah Phillips, B. E. Jacks and L. P. Bernhard. The ordinance was then read the third time and the question being on its adoption the roll was called and the following voted in the affirmative; W. H. Iiundhausen, J. O. Spotts, C. h. Brown, J. E. Wise, Noah Phillips, B. E. Jacks and L. P. Bernhard. The roll was then called upon the adoption of the emergency clause of said ordinance and the following voted in the affirmative; W. H. Hundhause;, J. O. Spotts, C. H. Brown, J. E. rise, hoah Phillips, E. E. Jacks, and L. P. Bernhard. Whereupon the said ordinance was .declared adopted and- the Recorder was directed to spread same upon the record of Ordinances of said City and to have same published as required by law and to number same ff40. ') The following resolution was then unanimously passed. RESOLUTION BE IT RESOLVED: That the aest Memphis Power & ,'later Company be requested to furnish a map or plat showing the location and size of all water mains and laterals and the location of all five plugs within the limits of the City of Jest Memphis for the use of the Council, The City Planning Commission and the Fire Department. Such man or plat to be furnished as early as practicable. Mayor Hundhausen acting on instructions from the Council appointed Noah Phillips to negotiate the purchase of a tractor and grader to be used by the City of +est Memphis for the said City streets for maintenance and • repairs. Prices and specifications on said equipment to be submitted to the Mayor prior to closing any contracts. Mayor R-Rundhausen appointed I. E. Wise and 1. 0. Spotts to act with himself as a committee to negotiate the purchase of a fire truck for city use. The following resolution was then introduced. ,--t \s,, iESOLUTION 11 REAS, by ordinance of the Town Council of the Incorporated Town of Nest Memphis, Crittenden County, State of Arkansas, passed and approved the 14th day of May, 1.930, Charles E. Sullenger, his heirs and assigns were granted "the exclusive right to acquire, erect, maintain and operate a system of poles, wires, transformers and other applicances necessary for the distribution of electric current for lighting and furnishing power for manufacturing and other purposes, for public and private use, in the Incorporated Town of West Memphis, Crittenden County, Arkansas", and Charles E. Sullenger, his heirs and assigns were granted "the exclusive right to use the streets, alleys, avenues and public grounds of said town for such purposes; and for other purposes"; and, • f WHEREAS, as part of said franchise, it is provided: t ' "SECTION X: In consideration of the granting of this franchise, the option to purchase and take Arkansas reserves an Town of Test Memphis, over said electrical transmission system at any time during the thirty (30) year period, upon the payment to said grantee, his heirs or assigns, the fair valuation of said electrical transmission system, based upon the cost of replacement only, and disregarding any value to be attached to said franchise. The said fair valuation to be determined by three competent engineers, one engineer to be selected by the governing officers of the Town of West emphis, Arkansas, one by the grantee and the third to be selected by the two engineers appointed by the governing officers of the Town of West :•=emphis and the grantee, his heirs or assigns." and, :11-EQ AS, on the 14th day of ay, 1930, the said Charles E. Sullenger accepted said franchise and all of its terms and provisions and the option therein contained, and subsequently assigned the same to ,Vest Memphis Power ': Water Company, a corporation, which is not``operating under the said franchise a system of poles, wires, transformers and other appliances for the distribution of electric current for lighting and furnishing power for manufacturing and other purposes, for public and private use ,, in the City of 'lest Memphis, Crittenden County, Arkansas, formerly the Incorporated Town of "est Memphis, Arkansas, but now, by reason of increase of population a city of the second class and successor to all of the rights of the Incorporated Town of West hemphis under said franchise; and :'Tiff A3, the Town Council of the City of ;lest Memhis is of the opinion and belief that said option reserved in said franchise to purchase and take over said electrical transmission system in the City of West i:emphi9, Arkansas, should be exercised by the City of West Memphis, Arkansas; NOW, THEREFORE, SE IT RESOLVED, that the City of West Memphis, Arkansas, exercise the option reserved in said franchise and particularly Section 19 thereof to purchase and take over the electrical transmission system of 'lest Memphis Power Water Company in the City of `.Pest Memphis, Arkansas at the fair value of said Electrical transmission system based upon the cost of replacement only and disregarding any value to be attached to said franchise. 11 • BE IT FURTHER RESOLVED by the Town Council of the City of :est Memphis, pursuant to the terms and provisions of said franchise, that W. D. Dickinson of Dickinson & White, Engineers, Little Rock, Arkansas be and he is hereby selected by the governing officials of the City of West Lemphis, 'Arkansas, as a competent engineer who shall, with a competent engineer selected by the West Memphis Power & ';pater Company, a third competent engineer to be selected by the two engineers appointed by the governing officials of the City of West Memphis, Arkansas, and that the :lest Memphis Power & Water,Company, determine, pursuant to the terms and privisions of said franchise, the fair valuation of the electrical transmission system of West Memphis Power `. Water Company in the City of '.pest Memphis, Arkansas, based upon cost of replacement only and disregarding any value to be attached to said franchise. BE IT FURTHER RESOLVED, that J. 0. Spotts the Recorder, of the City of West Memphis, Arkansas, deliver a duly attested copy of this resolution to the West IY:emphis Power & Water Company and on behalf of the City of West ireamphis, Arkansas, and its governing officials, make demand that said .lest Memphis Power & water Company likewise select a competent engineer pursuant to the provisions of Section 10 of said franchise and for the purposes therein set forth and certify such selection to the governing officials of this City or otherwise advise of such selection. BE IT FURTFIR RESUMED That said engineers so selected select a third competent engineer pursuant to the terms and privisions of Section 10 of said franchise and that said three engineers so selected determine the fair valua- tion of said electrical transmission system of the west Memphis Power & Water Company in the City of West Memphis, based upon cost of replacement only and disregarding any value to he attached to said franchise and make their report of such determination to the City of West Memphis, Arkansas, through its governing officials, and the :lest Memphis Power & Water Company. -Upon roll call the following voted in favor of the adoption of said resolution. fi. H. Hundhausen, J 0 Spotts, C H Brown, J E Wise, Noah Phillips, E E Jacks and L P Bernhard. There being no further business the council was adjourned. M UUTES ::] On Tuesday, the 14th day of April, 1936 the City Council of the City of ;lest -emphis met in the Directors Room of the Bank of 'West Memphis building with the following present, W H Hundhausen, J 0 Stotts, C H Brown, J E Wise, Noah Phillips, T 'W Johnson, 0 I Bollinger; L P Bernhard and E E Jacks. All new members of the said council having been duly elected in the City election on Tuesday, the 7th day of April, 1936 were properly sworn in to the oath of office. Motion was made by J. E. Wise and seconded by Noah Phillips that the regular date of meeting of the City Council be changed from the first Tuesday night in each month to the second Tuesday night in each month. City Attorney Dodd made a report of his trip to Little Rock with reference to the City sewer loan application and advised details necessary for the comple- tion of the City's application. Mr. Dodd was instructed by the Council to employ a stenographer and proceed immediately with the preparation with such data and material as was required by the P W A authorities. The following resolution was introduced. RESOLUTION WHEREAS: THE CITY of West Memphis has entered into a contract with M. .C. Baumann, wherein said M. C. Baumann agrees to do all engineering work in connection with the West Memphis P.W.A. Sewer Project for a consideration . of seven and one half percent (70) of the construction cost and 1 WHEREAS: M. C. Baumann has agreed to pay Thos. Allen, former consulting engineer on this project, one third of the above mentioned consideration of 724 for services performed on two rejected sewer system plans and ,,'REPS: The Federal Emergency Administration of Public Works will only allow five and eight tenths percent ($.8%) of the cost of construction unless there has been exceptional engineering work performed and a greater amount is authorized by the city through a proper resolution and WHEREAS: The West Memphis Sewer Project has called for an exceptional amount of engineering work TlREFORE: :3e it resolved by the Council of the City of West Memphis that the State Director of the Federal Emergency Administration of Public :forks 111 be instructed and is hereby authorized to allocate and sanction a sum equal to seven and one half percent (7 o) of the construction cost of the 'West kiemphis Sewer 1-roject, (Ark. Project 22 ::'ash. Docket 2615) to be paid E. C. Baumann for engineering on the aforesaid project to the terms of the contract existing between the City of West Eemphis and said E. C. Baumann. Upon roll call the following voted in favor of the adoption of said resolution , J. E. Wise , Tom Johnson, E. E. Jacks, 0 I Bollinger, Noah Phillips and L P Bernhard. The council unanimously agreed to pay E. C. Baumann the sum of 3.62 reimbursing him for expenses to Jonesboro and Wynne relative to securing a Community House. Ther, being no further business to come before the Council "'""`, same Haas adjourned to meet again at the same hour and place on Tuesday, the 21st day of Apri1,1936. MINUTES Pursuant to call by the Mayor, and due notice having been given each member as required by law, the City Council of the City of West Memphis, Arkansas met in the Director's room of the Bank of West Memphis Building at eight o'clock P M on Tuesday the 28th day of April, 1936, in a special meeting with the following members present, sane being all the members of the said City Council: W H Hundhausen, Noah Phillips, J E Wise, E E Jacks, L P Bernhard, --4 0 I Bollinger, T W Johnson, J 0 Spotts, and City Attorney Doyne Dodd: The following proceedings were had towit: l., Alderman Noah Phillips offered the following resolution which was read in full by the City Recorder and on motion duly made and seconded that it be adopted, all members of the council voted in the affirmative. RESOLUTION Whereas: the Sewer Committee of the City of West Memphis has determined that it is for the best interests of the City to sell the entire issue of $48,000.00 of West Memphis 4% Sewer Revenue Bonds, duly authorized by ordinance of the Council, at private sale to the United States of America, at par and accrued interest, under the terms of the loan agreement entered into on the 9th day of October, 1934, between the city and the United States of America; and !Whereas, the Council finds that it will be to the beet interest of the City to make said sale, Now Therefore, Be it resolved by the City Council of the City of West Memphis, Arkansas: (1) That said bonds be sold to the United States of America at par and accrued interest, at private sale, under the terms of said loan and grant agreement. (2) That the Mayor and Treasurer of the City be and are hereby authorized and directed to deliver to the United States of America the said bonds, upon payment of the purchase price therefor. APPROVED W H HUNDHAUSEN Mayor ATTEST: J. 0. SPOTTS City Clerk Passed: April 28th, 1936 Alderman E. E. Jacks offered the following resolution, which was read in full by the City Recorder, and on motion duly made and seconded that it be adopted, all members of the Council voted in the affirmative. RESOLUTION Whereas, the Hall--Baumann Construction Cot, a partnership, was awarded a contract by the City of West Memphis under its bid of $54,455.47 for the construction of a sewer system to be constructed in the City of West Jvemphis in accordance with P W A Docket No. 2615 and WHEREAS, the partnership is desirous of assigning and transferring said contract, together with all its rights, claims and duties thereunder to Roger C. Baumann, who agrees to undetake its performace, to assume its obligations and to be entitled to all amounts payable thereunder in all respects as though said contract were performed by the said Hall-Banmsnn Construction Co., and WHEREAS, the said assignment appears to be in harmony with the best interests of the City of West Memphis, NOW THEREFORE, Be it resolved that the City Council of the City of West Memphis shall, and it hereby does approve the aforesaid assignment under the above named terms. APPROVED W H HIJNDHAUSEN Mayor ATTEST J.O.SPOTTS City Clerk Passed: April 28th, 1936 Motion was made by L. P. Bernhard and seconded by 0 I Bollinger that the City place the Mayor, Recorder and City Attorney on monthly salaries to compensate them for services rendered the City. The salaries decided upon as follows: Mayor, 050.00 per month, Recorder $25.00 per month and City Attorney $25.00 per month. It appearing that the W P A under whom Noah Phillips is employed as overseer of repair and maintenance on West Memphis streets, had reduced his salary to $38.00 per month. Motion was made by E. E. Jacks with proper second by 0 I Bollinger that the City pay Mr. Phillips a salary of $3?.00 per month to reimburse him for the amount of reduction sustained in his salary from the W P A. Upon roll call all members present voted in favor of the adoption of the above motions and the Recorder was instructed to draw warrants on the Treasurer on the first of each month in the above amounts payable to the above parties. There being no further business to come before the meeting same was adjourned. W. H. HUNDHAUSEN Miayor ATTEST: J. 0. SPOTTS City Clerk MINUTES On Tuesday, May 12th, 1936 same being the regular date of meeting the City Council of the City of West Memphis met in the Director's Room of the Bank of ;lest Memphis Building at 8 o'clock P M with the following members present: • W H Hundhausen, L P Bernhard, Noah Phillips, E E Jacks, J E Wise, 0 I Bollinger, T W Johnson, J 0 Spotts, and Doyne Dodd. Whereupon the following proceedings were had towit: The following resolution was introduced by 0 I Bollinger and read the first time. RESOLUTION BE IT RESOLVED BY TEE COMMON COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, IN REGULAR SESSION ASSEMBLED THAT, WHEREAS, the City of West Memphis made an application to and have been granted a loan by the Public Works Administration for the installation and construction of a Sewer System, and ' WHEREAS, certain easements over said property in the City of West Memphis are required, and WHEREAS, one of the aforesaid easements necessary to obtain, is across the property of the St. Louis, San Francisco Railroad Company, and 11 WHEREAS, said easement has been prepared and forwarded by the St. Louis San Francisco Railway Company, and it is necessary that the Mayor and Recorder of the City of West Memphis execute said easement. NOW THEREFORE, BE IT RESOLVED, by the Common Council of the City of West Memphis, Arkansas, that the Mayor, Wm. H. Hundhausen and the Recorder, J. 0. Spotts, be and they are hereby authorized and empowered on behalf of the City of West Memphis to execute and acknowledge said easement. W. H. HUNDHAUSEN Mayor A'i"Tk ST: J. 0. SPOTTS City Clerk Upon proper second by E E Jacks the roll was called and all members present voted in favor of the adoption of said resolution. The following resolution was then introduced by Noah Phillips and read the 1--1 first time. In RESOLUTION 124 .:HFREAS, on the 10th day of March, 1936, pursuant to the terms of the ordinance under which the West Memphis Power & Water Company holds a franchise to maintain and operate an electrical transmission system in the City of West Memphis, Arkansas, the City of West Memphis, 1rkansas elected to exercise the option to reserve to itself to purchase and take over the electrical transmission system of the West Memphis Power & Water Company in the City of ,rest Memphis, Arkansas; and, WIE;REAS, pursuant to the terms of said ordinance the town council of the City of West Memphis, selected W. D. Dickinson of Little Rock, Arkansas, as a competent engineer for the purpose, with a competent engineer selected by the West Memphis Power & Water Company and a third competent engineer to be appointed by the two engineers appointed by said governing officials of the City of West Memphis, Arkansas, and the West Memphis Power & Water Company, of determining, pursuant to the terms and provisions of said ordinance, the fair valuation of the electrical transmission system of the West Memphis Power. and Water Company in the City of West Memphis, Arkansas, based upon cost of replacement only and disregarding any value to be attached to said franchise; and WHEREAS, a duly attested copy of said resolution was delivered to West Memphis Power & Water Company and demand made that West Memphis Power & Water Company likewise select a competent engineer pursuant to the privisions of Section l0 of said ordinance and for the purposes therein set forth; and, WHEREAS, West Memphis Power & Water Company has failed and refused to select a competent engineer pursuant to the terms and provisions of said ordinance and has failed and refused to comply with the terms and provisions of said ordinance; NOW THEREFORE, BE IT RESOLVED, that Ceylon B. Frazer, attorney, with such associate counsel, if any, he shrill select, take such action, whether by suit at law or in equity or otherwise, as he may deem necessary and proper, to enforce the option reserved to and held by the City of West Memphis to purchase and ? - take over the electrical transmission system of West Memphis Power & Water Company in the City of West Memphis, Arkansas, pursuant to the terms and provisions of the ordinance and franchise under which West Memphis Power & Water Company maintains and operates said electrical transmission system in the City of West Memphis, Arkansas. THIS, 12th day of May, 1936. W. H. HUNDHAUSEN Mayor ATT ST: J. 0. SPOTTS City Clerk 114 Upon proper second by L P Bernhard the roll was called and all members present voted in favor of the adoption of said resolution. There being no further business to come before the council same was adjourned to meet again at the same hour and place on Tuesday the 19th day of May, 1936. W. H. FUNDHLUSEN Mayor Al EST: J. 0. SPOTTS City Clerk MINUTES Pursuant to last adjourned meeting the City Council of the City of West Win. Memphis met in the Director's Room of the Bank of West Memphis Building at 8 o'clock P M on Tuesday the 19th day,,of May, 1936 with the following members present: W H Hundhausen, Noah Phillips. L P Bernhard, E E Jacks, J E '+Visa, T W Johnson, J 0 Spotts, and Boyne Dodd. Whereby the following proceedings were had towit: The following resolution was introduced by L P Bernhard and read the first time. RESOLUTION BE IT RESOLVED BY THE COMNON COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, WHEREAS, the City of West Memphis, Arkansas has entered into a contract with R. C. Baumann Construction Company for the installation and construction of a sewer system for the City of West Memphis, Arkansas, and WHEREAS, certain rights-of-way and easements are required in order for the above named contractor to install said sewer system, and, MIEREAS, it has become necessary for the City of West Memphis to purchase certain land for the use of said city in the construction of pumping stations and for such other and further uses as may be required in connection with said sewer system. NOW THEREFORE, BE IT RESOLVED BY THE COWAN N COUNCIL OF THE CITY OF WEST Mr IPHIS, ARKANSAS, that the Sewer System Committee be and they are hereby authorized to take such steps and to do and perform all things necessary in connection with the condemnation of any and all land over and through which an easement may be necessary, and to purchase the necessary lots or land for the use and benefit of the City of West Memphis in the construction of said Sewer System; and any and all action taken by said Sewer Committee in con- nection with the condemnation of land or lots and/or the purchase of any lots or land shall be effective and binding upon the City of West Memphis; and said Sewer Committee is hereby authorized and empowered by the said Common Council of the City of West Memphis, Arkansas to take such action as may be needed. W. H. HUNDHAUSEN Mayor ATTEST: J. 0. SPOTTS City Clerk. Upon proper second by E E Jacks the roll was called and all members present voted in favor of the adoption of said resolution. The following resolution was introduced by L P Bernhard and read the first time. RESOLUTION WHEREAS, the Planning Commission of the City of West Memphis, consisting of Z. T. Bragg, L. E. Turner, E. J. White, C. H. Brown, 7411. L Johnson, C. Gathings, Wm. H Hundhausen, J. C. Johnson, and M. C. Baumann, met in the Director's Room of the Bank of west Memphis, and • WHEREAS, the said Commission set forth rules, regulations, restrictions, and resolutions as hereinafter set out towit: 11 1. That a map showing the zones and proposed streets of the City of West Memphis as prepared shall be adopted by the planning Commission and placed with J. 0. Spotts, City Recorder of the City of 'lest Miemphis and a certified copy filed with the Circuit Court Clerk at Marion. 11. That on all residential streets that the side walks shall not exceed five feet in width and be not less than four feet in width and that the side walks shall be placed in the street six inches from the property line with the exception of side walks on Highway #70 and $61. 111. That all fire plugs shall be placed in the side walks next to the curb and on all Highways intersecting Highways #70 and i;`61 they shall be placed r' \,..e_no nearer to the Highway than the Building Line. lV. That in all residential subdivisions wherein the lots are restricted to a minimum of fifty ( 50' ) feet frontage there shall be a uniform building set back of thirty-five (35) feet from the property line. This shall apply to the main part of the building and shall except porches and appurtenances with the exception of the South Side of Fish street where the minimum set back shall be at least forty-five (45)feet. In subdivisions where the lots have a minimum of, twenty-five (25) feet frontage the set back shall be a minimum of fifteen (15) feet. In the subdivisions having a minimum of fifty (50) feet frontage no structures shall be placed nearer than eight (8) feet from the side property line and in subdivisions having a minimum of twenty-five (25) feet they shall not L"� build closer to the line than three (3) feet. V. That M. C. Baumann be appointed Plumbing Electrical Inspector and that a fee .ter _ for inspection of electric wiring be Two ($2.00) Dollars for five (5), rooms homes and 25i, for each additional room over five (5) . That the Plumbing inspection fee be three ($3.00) Dollars for each home with one bathroom and $1.00 for each additional bathroom. That the Sewer Connection fee be fixed at Five ($5.00) Dollards, and that M. C. Baumann will receive 50% of the total ;.e amount of the fees collected. NOW THEREFORE, BE IT RESOLVED, by the City Council of the City of `.west Memphis, County of Crittenden, State of Arkansas, that the foregoing rules, regulations, restrictions, and resolutions be and they are hereby adopted and approved by this council. W. H. HUNDHAUSEN Mayor ATTEST: J. 0. SPOTTS City Clerk Passed this the 19th day of May, 1936. '` Upon proper second byE. E. Jacks the foil was called andmembers P P all m present voted in favor of the adoption of said resolution. 0 . r Mist Amended Assignment executed by Sydnor Hall and Roger Baumann was presented by City Attorney Doyne Dodd and the council voted unanimously to approve this amended assignment. s{.h J9 Motion was made by Mayer Hundhausen to pay City Engineer M. C. Baumann the sum of $50.00 for expenses incurred in preparing maps and plats of the city necessary in securing easements of property to be used in the Construction of the City Sewer System. There being no further business to come before the council same was adjourned. MINUTES On Tuesday the 14th day of July, 1936, same being the regular meeting date; the City Council of the City of West Memphis met in the Director's Room of the Bank of West Memphis Building at 8 o'clock P.M. with the following mem- bers present: W. H. Hundhausen, Noah Phillips, L. P. Bernhard, 0. I. Bollinger, and City Recorder, J. O. Spotts. There being no further business to come before the Council at this time, said meeting was adjourned to meet again at the same hour and place on Wednesday, the 29th day of July, 1936. W. H. HUNDHAUSEN Mayor ATTEST: J. 0. S"PO'TS 11i MINUTES Pursuant to last adjournment, the City Council of the City of ',West Memphis, met in the offices of the 3ohnson Auto Company on Wednesday 29th day of May, 1936, with the following members present: W. H. Hundhausen, Noah Phillips, L. P. Bernhard, 3. E. Wide , O. I. Bollinger, City Attorney, Doyne Dodd, and City Treasurer, C. H. Brown, and City Recorder, 3. 0. Spotts. Whereby the following proceedings were had to-wit: The City Council entered into an agreement with the St. Francis Levee District of Arkansas, same being approved by the West Memphis Sewer Committee and the Public Works Administration as follows: CONTRACT AGREEMENT BETWEEN THE CITY OF NEST MEMPHIS, AZANSAS AND THE ST. FRA CIS LEVEE DISTRICT OF ARKANSAS RIGHT OF WAY EASEIENT FOR SANITARY SEWER LEASE AGREEMENT THIS LEASE AGREE ENT LA BE AND ENTERED ]NTO ON THIS, the day'of 1936 By and between the Board of Directors, St. Francis Levee District of Arkansas, hereinafter designated as Lessor, and the City ofnWest Memphis, Arkansas, hereinafter designated as Lessee, WITNESSETH: The Lessor agrees to permit the Lessee to construct the outlet pipe line for its sanitary sewer system on and across the Levee and Right of Way, for the following consideration to wit: 1. The attached plans, which are the detail of the plans appoved by the City • Council of West Memphis, Arkansas, on 1936. e Said plans being designated as "Sewer System West Memphis, Arkansas, P. W. L. Docket No. 2615, M. C. Baumann, Engineer, West Memphis, Ark"., and marked "approved with ex- Lee ceptions" on 1936, by the St. Francis Levee Board by W. G. Huxtable, Chief Engineer. The said plans with the exceptions as hereinafter set out,are approved by the Lessor and are hereby made a part of this Agreecent. The exceptions referred to are as follows: The Lessee agrees to change that part of the plans marked "A-A, Typical earth embankment for discharge line between levees" so as to eliminate the fill section between the levees, and to change the grade line of the sewer between the levees so that the top of the pipe will be placed one foot below the surface of the river side pit of the new levee at its lowest point. Also the top of the pipe will be placed two feet below the river side berm of the levee, from the angle • at the river side toe of the levee, designated as "detail B", to the beginning of the pit, which is 40 feet out from the toe of the slope. 2. The Lessee agrees to maintain that part of the Levee and Right of Way used by the Lessee and also to be responsible for any damage to the Levee or Right of Way that may be caused to the Levee or Right of Way by this construction. 3. If hereafter the Lessor desires to change the location of the levee or to change the grade and section of the Levee where it now stands, the Lessee agrees to remove its pipe, concrete, elief valves, etc., which have been constricted on the Levee or Right of Way at its own cost and within the thirty days after being notified by the Chief Engineer of the Lessor. The Lessor agrees that the 1 pipe and connections may be replaced as soon es such a change in the Levee is completed and it is further agreed that such a change will in no wise affect the status of this Agreement. 4. If or when it becomes necessary for the Lessee to increase the size of its outlet pipe crossing the Levee and Right of Way, the Lessor reserves the right to say at what period of the year the' change may be_rade. The Lessee agrees that it will require that that section of the Levee which is to be covered by the fill, to be placed over and around the pipe, is thoroughly plowed from the toe of the slope to the toe of the slope of the new fill section, so that a good bond is made with the old fill section. The new fill section on the river side slope of the Levee is to be thoroughly compacted and is to be hand tamped under the pipe or compact by some method approved by the Chief Engineer- of the Lessor. 11i The surface of the new fill which is to be made over the pipe is to have a ten on one side slope and is to be sodded with live bermuda sod. The sod or tufts shall have a good root system and shall have a least dimension of 2" and shall be planted as soon as practical after having been removed from the soil in which they were grown. The sod shall be planted in individual holes and covered with from one to two inches of soil. The holes for the sod are to be dug with a mattox and spaced not more than 12" from center to center. The holes also are to be staggered so that they will not be in a row. Should the sod die the Lessee agrees to replace it within thirty days. 1 The Lessee agrees that it will not accept from its contractor the fill over i the Levee until it is approved by the Chief Engineer of the Lessor. 5. During the flood season if a scour develops between the pipe and the Levee that cannot be checked by other reasonable means, it may be necessary to tear out the section of pipe on the river side of the Levee to check the scour, in this event the Lessee will replace the pipe and repair the damage at its own cost. The cost of labor and material used in attempting to check the scour caused b y:this constructibn, will be directed by the forces of the Lessor but will be paid for by the Lessee. 1-1 co 6. Any leaks that develop in the line over the Levee or within 100 feet of 2 the toe of the slope on either side, shall be repaired at once by the Lessee. It is understood that no buildings or equipment are to be placed on the Levee Right of Way. This Agreement is to cover an easement for the tips line with the necessary valves, and nothing else. 7. In the event that the combination release and by-pass valve designated as "B" in the plan is open enough to cause scour below the end of the cnncrete spillway, as it is shown in the plans, then the Lessee agrees to build a gutter or install a drain pipe at least 50 feet long, beginning at this spillway, to take care of this condition. ST. FRANCIS LEVEE DISTRICT OF Ad iANSAS f• ATTEST: By SECRETARY-TREASURER Presi dent Approved by City Council of West Memphis, Arkansas Tuly 29th, 1936. Wm. H. HUNDHAUSEN Mayor. J. 0. SPOTTS CITY CLERK. APPROVED BY SEWER COIVITTEE APPROVEM BY P. W. A. ******************** The following resolution was then introduced by 0. I. Bollinger and upon proper second by J. E. Wise, vote was taken and all members present voted fl in the affirmative: i t RESCDLUTION A BE IT RESOLVED BY THE TOWN COUNCIL OF THE CITY OF WEST Nv vD-'HIS, ARKANSkS: WHEREAS, the City of West Memphis through its duly authorized and acting officers, has entered into a contract with the United States Government, whereby the United States Government agreed to lend, and the City of West Memphis agreed to borrow and to deliver bonds guaranteeing the payment of Hinds to be used in the construction of a Sewer System in West Memphis, Arkansas, and WHEREAS, said bonds have been delivered and the City of West Memphis has received a check in exchange for said bonds and, WHEREAS, the Mayor of the City of West Memphis has been instructed by a 11S letter dated July 28th, 1936 from Alexander Allaire, State Director, Public Works Administration, to issue a Work Order to the R. C. Baumann Construction Company to commence actual work on said project #2615 within ten (10) days from date of said order; NOW THEREFORE BE IT RESOLVED BY THE CITY COUEICIL CF THE CITY OF WEST MEi, 'HIS, ARKAN SAS: That the Mayor, Vim. H. Hundhausen, be and he is hereby authorized and empowered to issue the necessary order to the R. C. Baumann Construction Company a Work Order on said Sewer System and to start said work within ten (10) days from date of said order. Vim. H. HUNDHAUSEN MAYOR. ATTEST: [I] J. 0. SPOTTS RECORDER. Passed and approved this the 29th day of July, 1936. J. 0. SPOTTS ( ( ( ((SEAL)) ) ) ) ) RECORDER. ******************** • Whereupon the Mayor declared said resolution duly adopted. The following resolution was then introduced by Noah Phillips and upon proper second by 0. I. Bollinger, vote was taken and all members present voted in the affirmative: • RESOLUTION B BE IT RESOLVED BY THE CITY COUNCIL OF TEE CITY OF WEST L1 bPHIS, ARKANSAS: WHEREAS, the City of West Memphis, Arkansas has incurred certain expenses r--, in connection with, and incident to the application for and preparation of plans for the Sewer System in West Memphis, Arkansas, P. W. A. Project, Docket #2615, and, WHEREAS, fuaids are now available for the payment of certain preliminary expenses, and WHEREAS, the following schedule of payments are in accordance with the certificate of purposes filed and approved on the 15th day of April, 1936: M. C. Baumann $1,633.87 Doyne Dodd 336.68 Rose, Hemingway, Cantrell & Loughborough 283.32 Thomas Allen 816.63 Its. L. Johnson( • 75.00 Democrat Printing & Litho. Company 88.74 Kent Jackson 471.00 NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST APHIS, ARKANSAS: That the Mayor and Recorder be, and they are hereby authorized and empowered . to issue warrants against the Sewer System fund for the above accounts as listed. Wm. H. HUNDHAUSEN A'1TEST: Mayor. • J. 0. SPOTTS j RECORDER. Passed and approved this 29th day of July, 1936. • ( ( (( (SEAL) )) ) • ******************** Whereupon the Mayor declared said resolution duly adopted. There being no further business to come before the Council at this time, same was adjourned. Wm. H. HUNU:_USEN ATTEST: Mayor. J. 0. SPOTTS City Clerk. 119 MINUTES On Tuesday the llth day of August, 1936, the City Council of the City of West Memphis met in the Director's Room of the Bank of West Memphis Build- ing at 8 o'clock F. M. with the following members present: W. H. Hundhausen, 0. I. Bollinger, Noah Phillips, and L. P. Bernahrd, and J. 0. Spotts, City Recorder. Mayor Hundhausen stated that due to other engagements and business matters which had not materalized it would be necessary to adjourn until some further date. Whereupon proper motion said Council adjourned to meet again at the same hour and place on Wednesday the 12th day of August, 1936. Vim. H. HUNDH1 USEN Mayor. J. 0. SPOTTS CITY CLERK. **** r.*** -,� ****r******************* MINUM'S Pursuant to last adjournment, the City Coucil of the City of `Test kemrhis met in the Director's Room of the Bank of West Memphis Building at 8 o'clock P. M. with the following members present: W. H. Hundhausen, Noah Phillips, L. P. Bernhard, J. E. Wise, 0. I. Bollinger, T. W. Johnson, City Attorney, Doyne Dodd, City Recorder, J. D. Spotts, and City Treasurer,• C H. Brown. Said meeting being held on Wednesday, the 12th day of August, 1936. Whereupon the following proceedings were had to-wit: The following resolution was introduced by J. E. Wise, and upon proper second by Noah Phillips, vote was taken, and all members present voted in the affirmative: RESOLUTION NO. C *AREAS, there has been a rapid growth of the Town of West Memphis, Ark- anses, within the past few years, and the volume of business has increased correspondingly, and it appears to the best interest of the City that a more modern telephone system be installed; and WHEREAS, representatives of the Council and citizenship have discussed the matter with the officials of the Southwestern Bell Telephone Company, and said officials have indicated a willingness to comply with the wishes of the Council and the citizenship of West Memphis; and WHEREAS, it is recognized that the installation of a new telephone system would require the outlay:of a considerable amount of money by sthe Telephone Company, and the Council and citizenship are willing that the rates be ad- justed on a basis of a more modern type of telephone service, TREE FORE, BE IT RESOLVED that the plan for the installation of a common battery or flashlight system is hereby endorsed and approve , ane that upon completion of the installation of the common battery telephone equipment the Southwestern Bell Telephone Company be and is hereby authorized to put into effect a schedule of rates for exchange telephone service in West remphis, Arkansas, not to exceed the following: Class of Service. RATE Business One Party 0 4.25 "xtension 1.00 Semi-Public .14 1/3 a day Residence One Party 2.75 Two Party 2•25 Extension .50 I • IZU • • Rural 8 Party Metallic Business 13.00* 8 Party Metallic Residence 2.00* .* Applicable to stations within two miles of the initial rate area boundary. For each additional one mile or fractional there,. of 25$ additional. Air line measurement is used. ***************** Whereupon the Mayor declared said resolution duly adopted. A proposition by the Commercial Appeal for advertizing in a Special Addition was withheld so that further investigations and solicitations could be made. There being no further business to come before the Council, sane was adjourned. W. H. Hundhausen, Mayor. J. 0. SPOTTS City Ulerk. ******************** • L UTES On Tuesday the 8th day of September, 1536,• the City Council of the City of West Memphis met it the Director's Room of the Bank of West Memphis Building at 8 o'clock P. M., with the following members present: W. H. Hundhausen, Noah Phillips, L. P. Bernhard, 0. I. Bollinger, J. E. Wise, City Attorney, Doyne Dodd, City Treasurer, C. H. Brown, and City Record- er, J. 0. Spotts. Whereupon the following proceedings were had to-wit: • The following ordinance was introduced by 0. I. Bollinger and read the first time: ORDINANCE NO. 41 AN ORDINANCE REGULATING MONEY CHANGERS, MONEY LENDERS AND MONEY BROKERS, AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF TEE CITY OF WEST MEMPHIS, ARKANU.S: Sectinn 1. It shall be unlawful for any person, firm or corporation to engage in or maintain an office or place of business in the City of West in which there is conducted a money changing, money loaning or money broker- age business where loans are made to individuals in small amounts, either conditionally or unconditionally, so as to charge or receive from the borrow- ers a greater amount per annum than ten per cent (10%) of the principal, whether called interest, usuary, brokerage, premium, or other names as • a cloak for usury. • Section 2. It shall be unlawful for any person, firm or corporation to " engaee in or maintain an office or place of business in the City of West • Memphis in which there is conducted a money changing, money loaning or money brokerage business without first having procured a license from • the City Recorder for the conduct and operation of such business upon sworn application properly made, giving the names and resident of the State or out of the State, with the hames and addresses of the agents in charge of said money changing, money loaning or money brokerage busi- ness, together with the trade name used in the conduct of such business; provided further, that no license shall be issued to any person, firm or corporation to conduct a money changing, money loaning or money brokerage business, whether secure or unsecured, until there has been submitted arl filed with the City Recorder a permit properly issued and authenticated from the State Banking Department that said money changing, money loaning • or money brokerage business has complied with all of the rules and regula- tions of the State Banking Department; provided further, that this ordinance does not apply to State or National Banks, Industrial banks or 121 . loan companies, operating under the Morris Plan or similar plans, building and loan associations, firms making loans secured by real estate mortgages, pawn brokers and credit unions now operating under the supervision of the State Banking Department. Section 3. The license fee charged all persons, firms or corporations coming under the classification set forth in Section 2 of the Ordinance shall be in the sum of Fifty ($50.00) Dollars per annum. Section 4. Any person, firm or corporation violating the provisions of this Ordinance shall be guilty of a misdemeanor and shall be fined for the first offense in any sum not exceeding One Hundred Dollars (a00.00) and: for each subsequent offense shall be fined double, the maximum fine for the first offense, and any business conducted without compliance with this ordinance is hereby declared to be a nuisance and shall be abated as such by proper proceed- ings. Sect{.on 5. All persons, firms or corporations now licensed to operate a money changing, money loaning or money brokerage business within the City of West Memphis, Arkansas, shall within twenty (20) days after the passage and approval of this Ordinance, submit to the City Recorder a permit proper- ly issued and authenticated by the State Banking Department that said money Ir.) changing, money loaning or money brokerage business has complied with all Cal changing, the rules and regulations of the State Banking Department, and if any person, firm or corporation fails to present such ceetificate such failure shall constitute a violation of this ordinance, the license of said person, firm or corporation shall be revoked and said business shall be declared a nuisance and abated as such by proper proceedings. Section 6. All ordinances and parts of ordinances in conflict herewith are hereby repealed. Section 7. 'Whereas, it has been discovered that many persons are now en- r,,,-1 gated in the operation of loans businesses which are a detriment to the public welfare, an emergency is hereby declared-to exist and this ordinance k11 is found to be necessary for the immediate preservation of the public peace, health and safety, and the same shall therefore be in full force and effect from and after its passage and approval. Passed September 8th, 1936. APPROVED: Wm. H. Hundhausen, MAYOR ATTEST: J. 0. Spotts , CITY RECORDER. ************ Upon motion of J. E. Wise, with proper second that the rules be suspended,the ordinance was read the second time; upon motion of 0. I. Bollinger, that the rules be suspended, the ordinance was read the third time, and placed on final passage. Upon call of the roll, the following voted in the affirmative: L. P. Bernhard, J. E. Wise, 0. I. Bollinger, W. H. Hundhausen, and Noah Phillips. Roll was tte n called upon adoption of the emergency clause and the following voted in the affirmative: L. P. Bernhard, J. E. Wise, 0.. I. Bollinger, V . H. Hundhausen and Noah Phillips. '; Whereby the Mayor declared said ordinance adopted and requested the Recorder to spread the same upon the records of Ordinances of said Town, to have same published as required by law, and to number same Ordinance Number Forty-one (41). The following ordinance was then introduced by T. e. 'wise and read the first time: ORDINANCE NO. 43 'AN ORDINANCE ENTITLED, "AN ORDINANCE REGULATTNG THE LOCATION AND USE OF BUILDINGS WITHIN TBE CITY OF 71EST MEMPHIS." BE IT ORDAINED BY THE COUNCIL OF THE CITY OF VEST MEMPHIS IN REGULAR SESSION ASSEMBLED: ,1Z4 Section 1. That the City of West Memphis shall be zoned for residential, commercial and industrial uses according to the Master Street and Zoning Map and Legend thereto as prepared and approved by the City Planning Com- mission, said map to be recorded, as provided by statute in the office of the Circuit Clerk of Crittenden County, Arkansas. Section 2. That the term "Residential" apply to buildings used strictly for residential purposes. Section 3. That the term "Commercial" used therein apply to establishments • engaged in retail and wholesale trade as distinguished from establishments engaged in manufacturing and production. enj Section 4. That the term "Industrial" shall apply to all other classifica- tions not hereinbefore designated as "residential" and "commercial."' Section 5. That the construction and use of buildings. for industrial pur- poses in commercial and residential zones be and the same is herby strictly prohibited; and that the construction and use of buildings engaged in com- mercial purposes within the residential zones be and the same is hereby prohibited. Section 6. All residences located within the residential zone limited to lots of a minimum frontage of 50 feet shall set back from the right-of-way ' of streets a minimum of 35 feet with the exception of the South Side of Fish Street where the minimum shall be 45 feet, and that the above mentioned residen- ces shall be removed from their respective side property lines a minimum of 8 feet. All residences located within the residential zone limited to lots of 25 feet frontage shall set back from the rightf,oftway of streets a minimum of 15 feet, said residences shall be removed from their respective side property lines a minimum of 3 feet. All garages, and out houses shall be removed from the property lines a minimum distance of 3 feet. Section 7. That a fee of 05.00 shall be charged for connecting the Sanitary Sewer. System, which fee will cover the cost of inspection of the Service Connection and a minimum fee of 03.00 for the plumbing and 1.00 additional for each bath room above one. There shall be a fee of $2.00 for. the inspec- tion of all new electrical work, plus 25V for each room above five. Section 8. Any person or persons violating the terms as he.reinabove stated shall be subject to a fine not exceeding 010.00 and each .day shall constitute a separate violation. • Section 9. This ordinance shall be in full force and effect from and after its passage. Passed: September 8th, 1936. APPROVED: Wm. H. Hundh.ausen, Mayor. AST: T. 0. Spotts' , City Recorder. *********e************ Upon motion of 0. I. Bollinger, with proper second that the rules be suspended, the ordinance was read the second time; upon motion of Noah Phillips, that the rules be suspended, the ordinance was read the third time and placed on final passage. Upon call of the roll the following voted in the affirmative, L. P. Bernhard, Z. E. Wise, 0. I. ?Bollinger, W..4_Hundhausen, and Noah Phillips. Whereby the Mayor declared said ordinance adopted and requested the Recorder to spread the same upon the records of Ordinances of said Town, to have same published as required by law, and to number same, Ordinance #43. .1' : Whereupon the following ordinance was then introduced by L. P. Bernhard, and read the first time: ORDINANCE NO. 42 ' AN ORDINANCE ENTITLED, "AN ORDINANCE TO PROVIDE FOR TIE OFFICE OF CITY ENGINEER AND TO PRESCRIBE THE DUTIES THEREOF. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WEST LEMPHIS, ARKANSAS, IN REGULAR SES ION ASSEMBLED: 17 Section 1. There is hereby created and established the office of Engineer } i of the City of West Memphis, Arkansas. The Engineer shall be elected bi - annually at the regular City Election and shall hold office until his suc- nii cessor qualifies after the next bi-annual election of officers of the City of West Remphis. , Section 2. He shall take the oath of office and shall give .bond in a sum to be fixed by the Council and conditioned that he shall faithfully per- form the duties of his office. .-i Section 3. No one shall be eligible to hold this office who is not a pro- e0 fessional registered Engineer of the State of Arkansas. b Section 4: The duties of the City Engineer shall be as follows: (1) He shall examine and approve all plats submitted and recorded which come within the Corporate Limits and under. the jurisdiction of the City Planning Commission as to their agreement with the Master Street Plan and as to their technical correctness. (2) He shall establish grades for all streets, curbs and sidewalks. (3) He shall check all building permits as to their conformity with City Ordinances. i (4) He shall prepare plans for adequate and comprehensive system of [ storm sewers. (5) He shall be charged with the operation of the Sani ry Sewer System and shall prepare plans for any extensions thereto (6) He shall supervise and inspect the construction of any and all City Works. He shall inspect construction of all private buildings, sewers and any other construction not herein specifically mentioned which is covered by City Ordinances. I (7) In canpensati.on and ramme t-1oz of the above stated duties the Council shall fix such fees from time to time as may seem proper and fit. The Council may at any time provide for a monthly comoe nsatibn as payment in full for all his services and upon such terms and conditions as may see fit and proper. (8) The Mayor shall be, and he is hereby empowered by the City Council to appoint an engineer to serve until the next regular City Election, and said appointee shall have all the powers and authority hereinabove designa- ted in this ordinance. 1 (9) Whereas, an emergency exists, it is hereby ordered that this ordin- f") ance shall be in full force and effect from and after its passage. Passed: September 8th, 1936. APPROVED: Wm. H. Hundhausea, MAYOR. AT^E.ST: J. O. Spotts, CITY RECOJ DER *********** Upon call of the roll, the following voted in the affirmative: L. P. Bernhard, J. E. Wise, 0. I. Bollinger, W. H. Hundhausen, and Noah Phillips. Roll was then called upon adoption of the emergency clause and the following voted in the affirmative: L.P.Berhnard, J. E. Wise, O. I. Bollinger, W. H. Hundhausen,and Noah Phillips. y Upon motion of J. E. Wise, with proper second that the rules be suspended, the ordinance was read the second time; upon motion of Noah Phillips, that the rules be suspended, the ordinance was read the third time, and placed on final passage. 1 • Whereby the Mayor declared said ordinance adopted and requested the Recorder to spread the same upon the records of Ordinances of said Town, to have same published as required by law, and to number same, Ordinance Number 42. Whereupon, iayor Hundhausen appointed M. C. Baumann as City Engineer to serve until the -next City Election, at which time the office will be filled by vote of the Electors in the City of West Memphis, Arkansas. There being no further business to come before the Council at this time, same was:-.adjourned. Wm. H. Hundhausen,_ ATTEST: Mayor. J. 0. Scotts, City Recorder. e******************* MINUTES On Tuesday the 13th day of October, 1936, same being the regular meeting date, the City Council of the 0ity of West Memphis,. met in the Director's Room of the Bank of West Memphis Building, West Memphis, Arkanasas, at 8 o'clock P. M., with the following members present: W. H. Hundhausen, Noah'ePhillips, L. P. Bernhard, J. E. Wise, O. I. Bollinger, City Attorney, Doyne Dodd, City Treasurer, C. H. Brown, and City Recorder, J. G. Spotts, and City Engineer, M. C. Baumann. Mr. Wils Davis, Attorney of Memphis, Tennessee was also present. The Mayor called for a reading of the last minutes, which were read and • approved. The following ordinance was then introduced by J. E. Wise and read the first time: ORDINANCE NO. 44 AN ORDINANCE TO DEFINE THE CHARACTER OF BUILDING IN WHICH A PICTURE SHOWY OR THEATER MAY BE OPERATED WITHIN THE CITY LIMITS OF THE CITY OF WEST MI:I HIS, ARKANSAS, AND, TO PROVIDE FOR PUNISHMENT OF ill-Y. VIOLATION THEREOF. BE IT ORDAINED BY TEE MAYOR AND BOARD OF ALDERMEN OF THE CITY eF WEST MEMPHIS, MIMOSAS: Section I: No person, firm or corporation shall, hereafter, be permitted to operate a picture show within the corporate limits of the City of West Memphis, Arkansas, except in a fire-proof building, as defined by Ordinance Number Twelve (12) of the Ordinances of the City of West Memphis, Arkansas; and no license shall be issued for the operation of any such business, unless such business is to be operated in a fire-proof building, as defined in said Ordinance. Section II: This Ordinance shall not apply to the operation of a picture show or theater by any carnival or circus or by any school, cr by anyeehari- table , religious, civic _or other eleemosynary organizations that might der sire to engage in such business for a temporary, and not a continuous period of time. Section III: No person, firm or corporation shall be permitted to operate a picture show or theater, within the limits of the City of West Memphis, Arkansas, who does not purpose in good faith, to begin the operation of • such business and to continue such operation, and if any person, firm or corporation shall, after such license shall have, Yanted, fail to continue 7dbelexenexxleeitxiexxleeteeemueereztribixfseiboteeleczertheen. the cw_eration of •such business for a period of one week, then the license shall become, and be deemed to be, automatically revoked, and shall be null and void; and no extension of time for the payment of the license to operate such a picture show or theater shall be given by any official of the City of West Memphis, Arkansas. Section T: All Ordinances or parts of Ordinances conflictieng herewith, are hereby repealed. j • 125 ' This Ordinance shall take effect irar:ediately ova or after its passage. Passed: October 13th, 1936. APPROVED: Wm. H. Hundhausen, Mayor. ATTEST: J. 0. Spotts, CITY AsCOeLLR. ************ Upon motion of J. E. Wise, with proper second that the rules be suspended, the ordinance was read the second time; upon motion of Noah Phillips, that - the rules be suspended, the ordinance was read the third time, and placed on final passage. :'hereby the Mayor declared said ordinance adopted and requested the Recorder to spread the same upon the records of Ordinances of said Town, to have same published as required by law, and to number same, Ordinance Number 44. The following resolution was then introduced by L. P. Bernhard: C0 I,"a RESOLUTION "D" 0 sct WHEREAS, Prior to the time of the original incorporation of the City of West Memphis, Arkansas, Norman Monaghan, Trustee, being then the owner in fee simple absolute.of the southeast quarter of Section Twelve (12) , Township Six (6) North, Range Light (8) East, of Crittenden County, Arkansas, caused to be platted and recorded in Record Book e2nL/ , -paee / 1/ of the re- cords of Crittenden County, Arkansas, said quarter Section of land into a Subdivision, known as COMPRESS SUBDIVISION of West Wmphis, Arkansas, and WHEREAS, the plat of said Subdivision, dedicated to Crittenden County, Ark- ansas, as a public road, a strip of land 40 feet in width, along the south side of said quarter section, platted and nand "Nance Avenue", which said Nance Avenue parallels with what is known, and has since become U. S. High- way No. 70; and WHEREAS, said Nance Avenue was never, at any time , used as a street or public highway; and WHEREAS, The original corporate limits of the City of West Memphis extended west from Highway 61 a distance of 200 feet, thus including 200 feet of said • Nance Avenue, beginning at Highway 61 and extending West 200 feet; and WHEREAS, After the incorporation of the City of West 'Vem-,his, so as to include said portion of Nance Avenue, by appropriate order of the County Court of Crittenden County, Arkansas, as shown in County Record "0", at page "243", all that part of Nance Avenue West of the corporate limits, except the extension of Flippo, Redding and Rhodes Streets, and the 200 feet of Nance Avenue, within the corporate limits of the City of West Memphis, Arkansas, was abandoned, and the easement granted by reason of said recorda- tion of said plat released; and WHEREAS, Said 200 feet of Nance Avenue within the corporate limits of the City of West Memphis, Arkansas, paralleling Highway 70, cannot be used by the City of West Memphis as a street; and l WHEREAS, The ov:ners of the adjacent property to said strip of land are de- sirous of having the easement released. E IT THEREFOR: RESOLVED, By the Mayor and Board of Aldermen of the City of West Memphis, Arkansas, that any right, title or interest, or any easement 4 which the City of West i.:emPhi s, Arkansas, may have in and to that certain strip of land, known as Nance Avenue, 40 feet in width and extending in-a westerly direction 200 feet west from Highway 61 paralleling U. S. Highway 70 be, end the same is, hereby released, relinquished and forever abandoned. Win. H. Hundhausen, Mayor. ATTEST: J. 0. Spotts, City Recorder. ********** Upon motion, the roll was called and all members present voted in the affir- mative. Whereby the Mayor declared the said resolution adopted. 1'ti The following ordinance was then introduced by 0. I. Bollinger and read the first time: ORDINANCE NO. 45 AN ORDINNANCE ENTITLED "AN ORDINANCE REGULATINU AND RESTRICTING TEE DISTANCE FOR SET-BACKS FROM THE SIDE PROPERTY LINE ON LOTS OF FIFTY (50) FEET OR • MORE, WITHIN THE CORPORATE LIMITS OF THE CITY OF WEST IEMPFIS, ARKANSAS". BE IT ORDAINED by the City Council of the City of West Memphis, Arkansas, that the clause in section 4 of the original Resolution of the Planning Commission of the City of West L mphis readin "In the subdivisions having 1 j a minimum of fifty (50) feet frontage no structures shall be placed near- er than eight (8) feet from the side property line " shall be amended to read "In the subdivisions having a minimum of fifty (50) feet frontage no structures shall be placed nearer than five (5) feet from the side property line ". Passed this 13th day of October, 1936. APPROVED: +`di. H. Hundhausen, Mayor. ATTEST: J. 0. Spotts, City Recorder ,k******** Upon motion of J. E. Wise, with proper second that the rules be suspended, the ordinance was read the second time; upon motion of 0. I. Bollinger that the rules be suspended, the ordinance was read the third time and placed on final passage. Whereby the Mayor declared said ordinance adopted and requested the Recorder to spread the same upon the records of Ordinances of said Town, to have same published as required by law, and to number same, Ordinance No.45. The following ordinance was then introduced by L. P. Bernhard, and read the first time: ORDINANCE No. 46. AN ORDINANCE ENTITLED "AN ORDINANCE PERMITTING THE SOUTHWESTERN BELL TELEPHONE COMPANY TO CONSTRUCT A CENTRAL OFFICE WITHIN THE RESTRICTED RESIrDENTIA.L AREA". BE IT ORDAINED by the Council of the City of West Memphis that the South- western Bell Telephone Company be, and they are hereby, permitted to erect and construct a central office, said central office to be built, along the lines of a residential dwelling, and to be located in the residential. area on the lot or lots more particularly desceibed as follows: The West One Hundred (100) feet of Lot Seven (7) , of Block Twelve (12) , of the:,COM RESS SUBDIVISION. Passed the 13th day of October, 1936. APPROVED: aim. H. Hundhausen, Mayor. ATTEST: J. 0. Spotts, City Recorder. ******.******** Upon motion of J. E. Wise, with proper second that the rules be suspended, the ordinance was read the second time; upon motion of Noah Phillips that the rules be suspended, the ordinance was read the third time, and placed on final passage. Whereby the Mayor declared said ordinance adopted and requested the Recorder to spread the same upon the records of Ordinances, of said Town, to have same published as required by law, and to number same, Ordinance Number 46. The following resolution was then introduced by 0. I. Bollinger: RESOLUTION "E" • BE IT RESOLVED BY THE COUNCIL OF TEE CITY OF WEST MEMPHIS,HIS, ARKANSAS, IN ;REGULAR SESSION ASSEMBLED: That WHEREAS,- the Town 0ouncil of the Incorporated Town of West Memphis-, Arkansas, 127 did on the 16th day of September, 1932, pass an ordinance attempting to annul and void the franchise granting to Charles E. Sullinger, his heirs, and assigns, the exclusive right and privilege of supplying electric lights and power to the Town of West Memphis, Arkansas, said franchise being granted by an ordinance passed by said Town Council on the 14th day of May, 1930, and WHEREAS, the said Council of the Town of West Memphis at a call meeting held in the Bank of West Memphis on September 27th, 1932, did introduce and pass e-- two identical franchises granting to West i mphis Power & Water Company and also to the Arkansas Power and Light Company the right and privilege of supply- ing electric lights and power to the Town of Nest Memphis, Arkansas, and • W1 REAS, the Chancery Court of Crittenden County, Arkansas, held that the Council was without authnrity.to annul and void the Charles E. Sullenger franchise for the purpose .of "granting the two identical franchises herein above mentioned in this resolution, and WHEREAS, the said identical franchises were declared null, void and without legal effect by the Chancery Court of Crittenden County, Arkansas. Cr) NOW THEFEFORE we, the Council of the City of West Memphis, Arkansas, do here- by resolve th�.t the two identical franchises granting to the West Memphis 2M Power and Water Company and to the Arkansas Power and Light Company the right and privilege of supplying electric lights and power to the Town of West Memphis be, and the same are hereby declared null and void, and it is our order that they be expunged from the records of the City of West r,ennhis, Arkansas. APPROVED: Wm. H. Hundhausen, Mayor. Passed: October 13th, 1936. A'1Ti~:ST: J. O. Spotts, City Recorder. *,. ************ Upon call of the roll, all members voted in the affirmative. Whereby the :41yor declared same duly adopted. The following resolution was then introduced by Noah Phillips: RESOLUTION "F" BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEEPHIS, ARKANSAS: That the plans for the Sewer System, P. W. A. Project, Docket #2615, Arkansas, be modified as follows : That the sewer line East and paralleling Highway #61 be termi- nated substantially at Cooper Street and that the line on Fish Avenue be extended, if possible , to Flippo Street. Wm. H. Hundhausen, Mayor. ATTEST: J . O. Spotts, CITY RECORDER. ' There being no further business to come before the Council, same was adjourned. Wm. H. Hundhausen, Mayor. J. O. Spotts, City Recorder 1Au The following list of Easements were obtained for the City of West Memphis, Arkansas for Sewer Sy.:tem, P. W. A. Project, Docket #2615, Arkansas, and the easements as per sbhedule below are filed with the. Recorder of the City of West Memphis, Arkansas, and are a part of the permanent records of said City of West Memphis, Arkansas: NO. NAME DESCRIPTION LOT OR LOTS BLOCK ADDITION 1. H. M. Perkins S.10' 37 ,38,39,40 114 Kendal 2. Ethel C. Driver " 37 & 38 115 Kendal 3. F. E. Denson " 41 & 42 114 Kendal 4. Louis Wagner S 5' 43,44,45,46 112 Kendal 5. Nettie C. Frank " 44 & 45 111 Kendal 6. Edward Y. Waller 46 111 Kendal 7 . J.S.Simpson, Adm. 43 & 44 118 Kendal 8. J. C . Rainer , Jr. 37 & 38 111 Kendal 9. J. C . Rainer , Jr. 45 & 46 117 Kendal 10. L. L. Mathis 37 ,38,39 & 40 117 Kendal 11. Sarah J. Graff 37 , 38, 39 133 Kendal 12. Lum Shum 46 & 47 113 Kendal 13. Thomas W. Stout 47 & 48 117 Kendal 14. E. W. Richards 42 115 Kendal 15. Minnie M. Brooks 37 & 38 118 Kendal 16. Stella White 41 & 42 117 Kendal 17. Long Chong Wong 40, 41, & 42 112 Kendal 18. Edna Grace Watts 45,46,47 , & 48 133 Kendal 19. Mrs. L.B.Morrison 42 118 Kendal 20. Christine M. Farland 41 . 118 Kendal 21. Clayton Hughes Co. 39 & 40 115 Kendal 22. W. C. McCormick 41 115 KendalIn - 23. D. E. Mulkey 43,44,45 / 1 46,47 ,48 114 Kendal 24. W. L. Hall 39 ,40,41 111 Kendal 25. R. M . Lee 43 & 44 115 Kendal 26 . C. W. Worthan 47 & 48 115 Kendal 27 . La Vina P. Hall 45,46 ,47 ,48 118 Kendal 28. I. H. Fleming 45 & 46 115 Kendal 29 . Margaret A. Bisch 41,42,43,44 45 ,46 ,47 ,48 116 Kendal 20 NO. NAME DESCRIPTION LOT OR LOTS BLOCK ADDITION 30. J. M. Spencer 39 & 40 118 Kendal 31. C. C. Dabbs 43 & 44 117 Kendal 32. Mrs.Eleanor S. Thomas 37 ,38,39,40 116 Kendal 33. C. H. Patterson 43 & 44 113 Kendal 34. J. B. Martin 47 & 48 112 Kendal 35. Mrs. Roy Curtis 37 ,38,39,40 113 Kendal 36 . B. Brannon 47 ' 48 113 Kendal 37 . Maggie M. Jones 37 ,38 ,39 112 Kendal 38.N,±s. India Owens 77 M.P.Horsley z 39. West Mfs. Realty Co. 54 M.P.Horsley 40. Wallin Dickey Lmbr. Co. 51 M.P.Horsley 41. W.Mfs.Power & Water Co. 28 M. P. Horsley 42.Mrs. Nell L. Pearce 28 M.P.Horsley 43. Eugene Woods ( A 6' strip extending S from Highway #70 to a point 227 feet south of the center line of the pavement on Highway #70 , the East side of said strip being 221 feet west of the East boundary of Section 13, T. 6 N. , R 8 E, in NEB of said Section) (A 10' strip extending West from the East Boundary of Section 13, T. 6 N. , R 8 E, 227 feet, the North side of said strip is parallel to and 227 feet south of the center line of the concrete pavement on Highway #70, being a part of the NE4 of NE;4 of Section 13, T. 6 N. , R 8 E. ) 44. 0. I. Bollinger 2 M. P. Horsley 45. Wm. H. Hundhausen, et al. , W.5' of S.60'Lot 1 18 Compress Same W.5' of N.40' Lot 8 18 Compress 46 . Wm.H.Hundhausen W.5' of N.115' Lot 1 18 Corpress 47 . John Preuss 42 & 43 111 Kendal 48. Joe Sommerville y;.5'of Si Si Lot 8 12 Co:.pre ss 49. Mrs. L. V. McGee ( A five foot strip extending south from the south side of Lot Eight (8) , Block 18 of the Compress Subdivision to Highway #70, the east side said strip being 225' west of the center line of pavement on Highway #61, being a part of the SE4 of the SEi of Section 13, T. 6 N, R. 8 E, Crittenden County, Arkansas) . 50. Selma L. Allenberg Ni Ni Lot 8 13 Compress 51. C. B. Danforth, Estate W 10' of Ni of Si Lot 8 Block 13 Compress 52. I. E. DeShazo Ni Si 8 12 Compress Mo. NAME DESCRIPTION LOT BLOCK ADDITION 53. Miss M.A.Rowland Si of NIA 1 12 Compress 54. Mrs.Florence Gallagher Ni of Ni 8 7 Con-Tress 55. W. Mfs. Realty Co. Si of Si 1 7 Compress Same 7 6 Compress 56. Mrs.Oscar Maffei Si of Si 1 13 Compress 57. Baptist Church Si of Si 8 13 Compress 58. J. F. Williamson Ni of Ni 1 12 Compress 59. C . S. Sanderson Si of Ni 8 7 Compress 60. R. H. & H. R. Dabbs (Beginning at the intersection of the West side of the concrete road with the North line of Danner Avenue, running thence North with the concrete road 100 feet ; thence West parallel with Danner Avenue , 200 feet; thence South 100 feet to Danner Avenue, thence East 200 feet to the beginning, , Lot in Co...press Subdivision and part of the SE-;1- of Section 12, Township 6 N, Range 8 E. ) 61. L. Rosengarten S.20' of N.60' 8 18 Compress S.40' of N.100' 8 18 Compress 62. R.V.Wheeler W.5' of Ni of Si 8 12 Compress 63. L. Rosengarten E 10' 7 I Compress E 10' 2 6 Compress 64. J. L. Wright W. 10 ' of Si Si 1 12 Compress W. 10' of Ni Si 8 12 Compress 65. J. C. Johnson W 10' of Ni 1 13 Compress W 10' of Si Si 1 7 Compress N. 10' 25 M. P. Horsley 66 . W. E. Hessie W.5' of S 25' of N. 140' 1 18 Compress 67. L. E. Harris W. 8' of S. 50' 8 6 Compress 68. Cleo Maffei W. 10' of Ni Si 1 13 Compress 69. Chicago, Rock Island & Pacific Railway Co. (across Right of Way) 70. Arkansas State Highway Commission (Remission to cross 1-4 Highways #70 & #61) 71. St. Louis-San Francisco Railway Company, (easement to cross U..._.0 their right-of-way) 72. Federal Compress & Warehouse Co, (easement crossing their property) 73. Geo. T. Kendal,A ten (10' ) foot strip extending from Jefferson Street to the Mississippi River. 74. Geo. T. Kendal 41 & 42 ,113 Kendal 131 NO. NAME DESCRIPTION LOT OR LOTS BLOCK ADDITION 74.cont'd Geo. T. Kendal 40,41,42,43,44 133 Kendal A Ten (10? ) foot strip extending from the Ten Mile Bayou to the South side of the North Half (N ) of Section Eight (8) East, the east side of said strip being also 230 feet West and parallel to the center line of concrete pavement of Highway #61, all of said strip being in the Southeast Quarter of the Northeast Quarter (SE4 of NE4) of Section Twelve ( 12 ) ,Township Six (6) North, Range Eight (8) East, Crittenden County, Arkansas. 26. Miles L. Thompson 80 M.P.Horsley Lots 1 to 7 inclusive 9 Thompson Lots 1 to 8 inclusive 7 Thompson Lots 1 to 8 inclusive 5 Thompson Lots 1 to 14 inclusive 3 Thompson Lot 1 1 Thompson Miles L.Thompson A ten (10' ) foot strip extending westward from Frisco Railroad to Highway #61, parallel to and 255 feet north of Highway #70. I 134 ddINUTES. On Tuesday the 10th eay of November 1936 the City Council of the City of West Memphis Arkansas met in the Director's room of the Bank of West remphis building at eight o'clock Phi with the following members present: W H Hundhausen J C'Spotts, Noah Phillips and L P Bernhard and 0 I Bollinger. There being same of the members absent, said meeting was adjourned to meet again at the sarnhour and place on Thursday the 12th day of November, 1936. MINUTES. On Thursday the 12th day of November, 1936 the City Council of the City of West Memphis met in Wise Drug Store in the City of West : emphis at eight o'clock P. M. withnthe following members present: W H Hundhausen, Noah Phillips, Paul Bernhard and J E Wise. City Engineer/4 C Baumann was also present. • The following resolution was introduced, read and unanimously adopted. RESOLUTION Whereas: The City of West Memphis has entered into a contract with the Hall- Baumann Consttuction Company (Now R C Baumann assignee) on the 23rd day of Jaunat¢y, 1936 to construct a sewer system, PWA docket #2615 Ark. , and , Whereas: Said contract stipulates that the work shall be osmpleted in 125 calendar days, and , Whereas: The contractor, through no fault of his own was not given au- thority to proceed until over one-half year after the signing of the os ntract, and Whereas: This delay was much longer than could reasonably be expected for PWA projects and has caused the work to be carried into unfavorable weather thereby retarding the work, and, Whereas: The contractor exeerienced considerable delay in being unable to secure proper labor through the required channels, therefore, Be it resolved by the City Council of the City of West Iemphis that the time for executif.g the aforementioned contract be increased from 125 to 155 cal- endar days without liability to the contractor for liquidated damages. eei Upon call of the roll, the following voted in the affirmative, same being all members present; W H Hundhausen, Noah Phillips L P Bernhard and J L Wise. The council unandbmously agreed to pay City Engineer M C Baumann the sum of ,$213.02 and Thos. H. Allen the sum of $106.50 out of the Sewer Fund, same being the remaining part of compensation for services in connection with said Sewer System, due each of the respective parties. There being no further business to cane before the council, same was adjourned. W. H. H NDHkUSEN' Mayor. Attest: L P Bernhard , Acting Recorder. MINUTES: On Tuesda$ the 8th day of December, 1936 the City Council of the City of West Memphis, Arkansas met in the Director's room of the Bank of West Memphis building at eight o'clock PM with the following members present: W H Hundhausen J 0 Spotts, Noah Phillips L P Bernhard and 0 I Bollinger. City Engineer M C Bay- mann and City Attorney Doyne Dodd were also present. 1! yor Hundhausen advised that due the fact that Alderman E E Jacks having moved to Texas, it would be necessary to elect an alderman for the unexpired term from Ward Three. Alderman 0 I Bollingr presented the name of E J White, and upon callof the roll, all members present voted to elect Mr. White as Alderman. Mr. bite was notified of his election, and being called into the meeting, was sworn to the. oath of office and attended''the remainint part of said meeting. The following ordinance was then introduced by Alderman Noah Phillips and read the first time. 13 Minttes of meeting Dec. 8th, 1936 - continued : Ordianance No.47 AN ORDINANCE TO REGULATE THE USE OF SEWERS Be it ordanied by the City Council of the City of West Memphis, Arkansas. SECTION 1: No privy, privy vault, cess pool or septic tank shall be constructed where a sanitary sewer is accessible . Accessible shall mean that the sewer shall be within 100 feet of the property to be served without crossing other private property unless easements across said private property be obtained by the City. When a danitary sewer is accessible to premises, then any Privy, privy vault, cess pool or septic tank shall be abandoned and connection shall be made direct to the sewer within 30 days after an order to make such connection has been issued by the City Council. Abandoned vaults, cess pools and septic tanks shall be thoroughly cleaned, disinfected and filled to the surface of the surrounding ground with clean earth or ashes. It shall be the duty of the health officer to see that the above cleaning, disinfecting and filling be done . SECTION II. That before any house or storm sewer can be con- structed , either on public or private property, or any connection can �°► be made to any City sanitary or storm sewer, permit shall be secured by the person or persons by whom the sewer or connection is to be made . Application for permits shall be filed with and issued by the City Engineer. Permits shall briefly describe- and locate the work, desig- t . nate person to whom issued and amount paid . They shall be dated and numbered consecutively. There shall be three copies (one original and 2 carbon copies) made. One shall go to the person to whom isued, one retained by the City Engineer and one shall be sent to the City Auditor or clerk. The charge for such permit shall be the amount pre- scribed by Ordinance No. 43. SECTION III. All connections to City sanitary sewers shall be made only by plumbers, sewer-tapcers, and pipe layers, licensed by the City of West Memo:his. No connection or pipe line joining in the sanitar, sewer shall be covered until the work has been inspected by the City Engineer or his representative. SECTION IV. The issuing of permits shall be governeed by the following rules : Sewage, including wast:_s from water closets, sinks, bath tubs, laundaries, and all other objectionable wastes, shall be discharged into the sanitary sewers and in no case into storm sewers or open ditches. Cellar, garage, and building floor drainage may be discharged into sanitary sewers and surface water, rain water from roofs, subsoil drainage , cistern overflows and any other clean and unobjectionable waste water shall not be discharged into sanitary sewers unless written permission is given by the City Engineer. Connection with cess pools, privy vaults, or septic tanks shall not be made into sanitary and storm sewers or discharged into water drains or open ditches. SECTION V. All connections in violation of this Ordinance shall be abandoned and removed within 30 days after enactment of this ordinance or within two months after the completion of the sanitary sewer system and all permanently abandoned connections with the sanitary sewer shall be severed at the point of juncture with the sanitary main or lateral and the opening into the sewer shall be sealed according to the instructions of the City Engineer. S :;CTION VI. The City Engineer shall be charged with the maintenance , care , and operation of the entire sewer system. He shall make the inspec- tions and issue the permits herein provided for . iie shall employ the labor and make purchases of material and supplies for the proper operation of the sewer system. ..ie shall give bond in the sum of Five Hundred ( p500.00) Dollars, with sureties approved by the I.iayor for the proper performance of the duties of his office. He shall determine the proper monthly charges to be made for use of sewer as per ordinance. SECTION VII. Whoever violates any provisions of this ordinance shall be fined not less than 5.00, nor more than 50.00, and shall pay cost of prosecution. 134 SECTION VIII. This ordinance shall take effect and be in force from and after the earliest time allowed by law. Passed December 8th, 1936 . m. H. Hundhausen, i,ayor. ATTEST: J. 0. Spotts, City Clerk. Motion was then made by Noah Phillips that the rules be suspended, and the ordinance read the second time; all members present voted in the affirmative. Motion was then made by L. 2 . Bernhard, with proper second by Noah Phillips, that the rules be suspended, and the ordinance read the third time and placed on final passage. The ordinance was read the third time, and the question being upon the adoption of said ordinance, the roll was called and all members present voted in the affirmative. }Motion was then made with reference to adoption of the Emergency Clause and all members present voted in the affirmative. Whereupon the Mayor declared said ordinance adopted and requested the recorder to spread the sere i pon' t ie record of ordinances of said City; to have same published as required by law, and to number same Ordinance No. 47 The following ordinance was then introduced by Alderman, O.I. Bollinger, and read the first time: ORDINANCE No.48 ORDINANCE TO LICENSE PLUMBERS, SEVER PIPE LAYERS. SECTION I.-- No person, firm or corporation engaged in or work- ing at the business of plumbing or sewer pipe layings and tappers shall engage in or work at said business in the City of West Mem- phis, either as master employer or journeyman plumber, sewer pipe layer, unless such person , firm or corporation first receive a license therefor , in accordance with the provisions of this or- dinance. SECTION II : Examination for License-- Any person desiring to engage in or work at the business of plumbing , sewer pipe laying, either as master employer, journeyman plumber, or sewer pipe layer in the City of West Memphis, shall be required to submit to an examination before a Board of Examiers, as hereinafter provided, as to his experience and qualifications in such trade, business, or calling. In the case of a firm or corporation engaged in the business of plumbing , sewer pipe laying, the manager or superintendent of such firm shall be examined and licensed, as well as the journey- man plumbers, sewer pipe layers employed. SECTION III. The City Council shall appoint three (3) men, one of whom shall preferably be the City Engineer, to act as the Board of Examiners, to examine master and journeyman plumbers and sewer pipe layers and tappers. The Board of Examiners shall meet at least once every three (3) months. The Board of Examiners shall receive no compensation for services, excepting from the proceeds and the licensed fees over ' and above the cost of examination and issuing of licenses may be paid any member who actually conducts the written and prctical examination. They shall conduct all examinations of Master and Journeyman plumbers and sewer pipe layers and tappers as to their qualifications 133 for engaging in the business of plumbing and sewer laying. They may engage any recogonized and qualified person to con- duct the technical and practical examination and may re-emburse such persons from funds derived from the licensing of said persons. They shall issue licenses to master and Journeyman plumbers and sewer pipe layers for a period of one ( 1) year, and it shall be their duty to renew same for a period of One ( 1) year after the expiration of any license. SECTION IV: Fees to be paid by Applicants for Examination. In order to defray the expenses of the Board of Examiners, every master plumber is required to pay for his examination and certi- ficate, ` 5.00 , and each journeyman plumber, and sewer pipe layer and tapper, $2.00 . These fees shall be paid to the City Engineer, and by him turned over to the receiver of City funds. Nothing in this ordinance shall be construed as to relieve any master plumber from giving bond as hereinafter required by the ordinances of the city. SECTION V. License Revoked for Violation of Plumbing Ordinances. If any person, firm, or corporation shall violate the plumbing ordinances of the City, the Board of Examiners shall have the power to revoke the certificate of such person, firm or corpora- tion. PART II. BONDING OF PLUItBERS AND CITY PIPE L1 YERS December , 1936. SECTION VI. Registration-- Before any person , firm or corpora- tion shall engage in the business of plumbing, or sewer laying in the City of West Memphis, the name , residence and place of business of such person, firm or corporation shall be registered in a book kept for that purpose by the Secretary of the Board of Examiners, and every removal of place of business or change in any firm engaged in plumbing, or sewer pipe laying, shall be promptly entered upon such register. SECTION VII. Every raster plumber and sewer pipe layer and tapper doing business in the City of West Memphis, shall give a bond satisfactory to the Board of Examiners ; said bond shall be payable to the City of West Memphis for the use of the City, and any citizen who may be damaged by the failure of such master plumber to comply strictly with the plumbing ordinances of the city , or who may be damaged by an negligence committed, or im- perfect work done by such master plumber to comply with all the laws and regulations of the City relating to plumbing, house drainage and excavation, and conditioned so as to require such master plumber to employ no journeyman plumber unless he has a certificate from the Board of Examiners, and in said bond said Master plumber shall indemnify and hold harmless the City of West Memphis and all persons from damages caused by the negligence of inadequate work done by them, or their employees. Said bond and certificate shall be renewed once a year, and shall expire on December 31st after this issuance, and if the security should become impaired before the expiration of any bond the secretary of the Board of Exariners shall require a new bond to be given 4 immediately. SECTION VIII. Certificate to be Exhibited at Place of Business : It shall be the duty of every registered plumber and sewer pipe layer to display his certificate of registration at his place of business in a corporation not so registered or whose certificate of compentency has been suspended or cancelled , to exhibit the sign herein described, or in any way to represent himself to be registered and authorized to do plumbing. No person, firm or corp- oration not so registered, or whose certificate has been suspended or cancelled , shall be given a permit to carry on the business of plumbing, or to do any work upon plumbing, or house drainage . Names of Workmen to be Furnished. Registered master plumbers sh ,11 furnish, when required, the full names of the workmen employed by them. Penalty for Violation. Any person , firm, or corporation, violating this ordinance shall be guilty of a misdemeanor , and shall be fined not less than ; 2.00 , and not more than 50 .00 . THIS ORDINANCE SHALL BECOME EFFECTIVE DI EDIATELY FROM AND AFTER ITS PASSAGE. Wm. H. Hundhausen, Mayor. ATTEST: J. 0. Spotts, City Recorder. ****************** After much discussion, it was decided by the Council to withhold passage of the above ordinance until some future date . There being no further business to come before the council, the meeting was adjourned to meet again at the same hour and place on Thursday, December, 10th, 1936. Wm. H. Hundhausen, Mayor. Attest: J. 0. Spotts, City Recorder. ******************** MINUTES Pursuant to last adjournment , the City Council of the City of West Memphis met in the Bank of West Memphis Building on Thursday the 10th day of December, 1936, with the following members present : Noah Phillips, L. P. Bernhard, E. J. White , Wm. H. Hundhausen, and J. E. Wise . Notion was made by Noah Phillips that the rules be sus- pended and proposed ordinance #48, which was introduced at a meeting of the City Council on December 8th, 1936, to be read the second time. All members present voted in the affirmative. 3totion was then made by E. J. White , with proper second by . P. Bernhard, that the rules be suspended, the ordinance read the third time and placed on final passage. The question being upon the adoption of said ordinance, the roll was called and all members present voted in the affirmative. Whereby the Mayor declared said ordinance duly adopted and requested the Recorder to spread same upon the record of ordinanced of said City and to have same published as required by law, and to number same Ordinance 148. [I) The following Resolution was then introduced and unanimous- ly adopted: RESOLUTION WHEREAS, the City of West Memphis entered into a contract with R. C . Baumann to construct a sanitary sewer system, known as P. W. A. Docket rr2615-Ark, under the Federal Emergency Administra- tion of Public Works, and 137 Whereas, said contract specifically called for certain clearing of pipe line right-df-way, and WHEREAS, several obstacles were placed in said right-of- way to-wit: One gasoline pipe line and a building, after the submission of bidder' s proposal, and which obstacles had to be emoved and the work was not a part of the contract. THERETORE BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST THIS, that the money to be paid under Item #38, be increased One Hundred ($100.00) Dollars, and that the contractor be paid this sum of money in consideration of the removal and replacement of said obstacles. Wm. H. Hundhausen, i'ayor. Attest : J. O. Spotts, Recorder. There being no further busine se to come before the Council, same was adjourned. ***************** MINUTES On Saturday, January 2nd, 1937 , the City Council of the City of ;test hemphis, met in a Special meeting called by the L?ayor at 3 o' clock P.M. in the Bank of West rremphis Building, all members having had due notice as required by law, and the following being present: Wm. H. Hundhausen, Noah Phillips, E. J. White, J. E. Wise , 0. I. Bollinger, L. P. Bernhard ; the following citizens and authorities were also present : J. O. Spotts, Recorder, Doyne Dodd , City Attorney, M. C. Baumann, City Engineer, C . H. Brown, City Treasurer, and Judge J. C . Johnson. It being apparent that the Sewer System for the City of West Memphis having been completed, and the Council being properly advised by written notice and certificate of acceptance from City Engineer, TT. C. Baumann, and copy of final estimation made by the Engineer, in charge of said Project P.W.A.Docket #2615-Ark, the following resolution was then introduced and duly adopted by the unanimous vote of all members of the City Council present : A RESOLUTION APPROVING THE COP:PLETION OF CONSTRUCTION OF THE WEST V MPHIS SEWER SYSTEM AND RELATING TO THE OPERATION THEREOF. Whereas, the City of West Memphis* , has heretofore authorized the construction and equipment of a Sanitary Sewer System to be financed through the Federal Emergency Administration of Public Works identified as Docket No. 2615, Arkansas , and Whereas, the construction of said project has been completed and said equipment purchased and installed, and Whereas, the Engineer has made a final inspection of said project and reports that all construction work has been completed and said equipment purchased and installed in accordance with the plans and specifications relating thereto and has approved same . NOW THEREFORE BE IT RESOLVED BY CITY OF ;WEST r.EMPHIS,*as follows: 1. It is hereby determined that construction work on the Sewer System and the purchase and installation of said equipment 13 therefor have been completed in accordance with the approved Plans and Specifications. 2. The report of the Engineer approving the comple- tion of said construction work and the purchase and instal- lation of said equipment is, in all respects, hereby accent- ed, ratified and approved. 3. It is hereby further determined and declared that said pro'ect, being in all respects satisfactory to said City L of West Memphis* , is now operated as of the 2nd day of January, 1937 . CERTIFICATE I, the undersigned, J. 0. Spotts, Recorder of the City of West Memphis * , do hereby certify that the attached and foregoing is a true, correct and compared copy of a resolu- tion, entitled, "A Resolution Approving the Completion of Construction of the West Memphis Sewer System and Relating to the Operation thereof" duly and properly adopted at a legally constituted meeting of the governing body of said City of West Memphis*, at which a majority of all members thereof were present and acting and notice of which meeting was properly given to and accepted by all members of said governing body prior to said meeting. Witness my hand and the seal of City of West Memphis* , this 2nd day of January, 1937 . J. 0. Spotts, Recorder. * Formerly Inc. Town of West Memphis. : ******* The following resolution was then introduced and un- animously adopted by votes of all members of the Council present: RESOLUTION Whereas, the City of West Memphis has entered into a loan and grant agreement with the Federal Emergency Administra- tion of i ulbi c Works, said Loan being for an amount of 448,000.00, and said grant being for an amount of 414,000.00, and Whereas, Under the National Inducstrial Recovery Act of 1933 the borrowers are entitled to a grant of 30% of actual construction costs, said cost to include amounts expended for "inspection and supervision" ,and Whereas, the above mentioned construction cost of the West Memphis Sewer System, P. W. A. Project No. 2615, Ark. amounted to 457,005.63 and 30% of that amount of grant earn- ed is 17 , 101.69 , leaving a difference between the amount alloted for the grant and the amount earned for the grant and the amount earned for the grant : 3,101.69 , therefore, BE IT RESOLVED BY THE COUNCIL OF TTrf CITY OF WEST Ri =HIS, that the City Attorney he instructed and is hereby authori- zed to enter into negotiations with the proper P. W. A. authorities to have the amount of the grant increased and that any additional amounts received be aoplied to the bond interest account or to the cancellation of bonds. City of West Memphis, Arkansas, By Wm. H. Hundhausen, Mayor. Attest: J. 0. Spotts, Recorderr. 111 The following resolution was then introduced and un- animously adopted by votes of all members of the City Council prsent: RESOLUTION BE IT RESOLVED OLVED BY THE COUNCIL OF THE CITY OF WEST P't .IP.HIS: l That the mayor he and is hereby authorized to secure proper insurance covering the electrical motors and electrical equipment of the Sewer System, insurance to run from date of acceptance and to be in accordance with the requirements of the P. W. A. Wm. H. Fundhausen, Mayor. Attest : 1-1 J. O. Spotts , :n Recorder. ******** The City Engineer, M. C. Baumann, prsented bills to the Council for approval as follows: May 1st, 1936 to Preparing description of 114 Spptember 30, 1936 easements in the matter of West Memphis Sewer System . . . $80.00 September 1933 o 6 Trips to Little Rock in the matter of Preliminary work for sewer project September 1935 1620 miles e $.05 $81.00 September 1933 to Stenographic work $15.00 September 1935 September 1933 to Long distance calls and telegrams $ 4.00 September 1935 a100 .00 Motion was made by E. J. White that the above bills be approved for payment and with proper second by L. P. Bernhard , all members of the Council present, voted to authori- zed payment of said bills. There being no further business to corrie before the Council, same was adeapt . ,,,A4A, A-k_ Wm. H. Hundhausen, Mayor. Attest : J. 0. Spotts. 140 MINUTES On Firday, the 26th day of February, 1937, all members having due notice as required by law, the City Council of the City of best Memphis met in special meeting in the Bank of aest Memphis Building at eight o'clock P. L. with the following members present: Ws. H. Hundhausen, J. 0. Spotts, E. J. White, J. E. Wise, 0. I. Bol- linger, and Paul Bernhardt. Motion was made by J. E. Wise that the Council appoint Charles Lester cheif of the volunteer fire depart- ment. Upon vote all members present voted in favor of adoption of said motion and the Mayor was instructed to notify Mr. Lester to be present at the next Council Meeting. Motion was made by E. J. White that the City of West Memphis pay Mayor Hundhausen a salary of 4100.00 per month and that same be retroactive to February 1. All members pre- sent voted in favor of the adoption of said motion and the recorder was instructed to draw warrants on the first of each month in the above manner. There being no further business to come before the council same was adjourned. 'gym. H. Hundhausen Mayor ATTEST: J. 0. Spotts Recorder MINUTES On Tuesday, the 9th day of March, 1937, the City Council of the City of West ftemphis met in regular session at the Bank of West Memphis Building at eight o'clock P. M. with the following members present: W. H. Hundhausen, J. O. Spotts, E. J. White, 0. I. Bollinger, L. P. Bernhardt, Noah Phillips, and J. E. Wise. The following resolution was then intro- duced and unanimously adopted: i RESOLUTION WHEREAS, the withholding of electric power and water is a power- ful and effective factor in enforcing building, plumbing and electrical • ordinances, and WHEREAS, it is a matter of public safety that no one be furnished electric power and water unless the building fixtures etc., have met with the pertinent ordinances, now therefore • BE IT RESOLVED by the City Council of the City of West Memphis in regular session assembled, that any such person or persons, individuals corporations or partnerships furnishing electric power or water supply with- in the corporate limits of said City of West Memphis be, and they hereby are, authorized to withhold and refrain from connecting said electric power or water supply, or both, to any structure or property which is designated by the City of West Memphis as being in violation of the building, electric or plumbing codes heretofore adopted. That the West Memphis Power and Water Company be requested to withhold the electric power and water, or both, from any new structure which has been undergoing repair or remodeling or any structure from which either water or electric service has been disconnected by reason of repairs fire, or failure of some part thereof, until they have seen written evidence that the building or structure meets with the proper code affecting that particular discontinued service. That the regulation city construction permite bearing the final approval of authority shall constitute the proper written evidence of code compliance. • BE IT RESOLVED FURTHER, that any such person or persons, companys, 141 corporations, or partnerships so authorized and instructed by the City of West Memphis shall be held harmless and free from all liability be- cause of any of their acts provided for in this ordinance, and autho- rized by the said City of West Memphis. Wm. H. Hundhausen Mayor March 9, 1937 �..� Passed l;a J. 0. Spotts, Clerk Attest The following ordinance was then introduced by E. J. White and read the first time: ORDINANCE #49 AN ORDINANCE CREATING A NEW FIRE ZONE Be it ordained by the City Council of the City of West Memphis in regular session assembled; That the present commercial zone as set forth on the master street map of the City of West Memphis, said map being filed of record in the office of the Circuit Clerk of Crittenden County, Arkansas, shall be iden- tical with the fire zone; that no buildings can be constructed within said fire zone unless the exterior walls are constructed of incombustible mater- ials, and shall have a fire resistant property of a 13" brick wall or its equivalent; that all electric wiring shall be encased in metal conduit ac- cording to the electric code of the City of West Memphis, and that all ordinances or parts of ordinances in conflict herewith are hereby repealed. JEEREAS, it being necessary for the safety, health, preservation of the peace, and in the best interest of the City of West Memphis, an emergency is declared to exist, and this ordinance shall be in full force and effect immediately after its passage. Upon motion by O. 1. Bollinger rules were suspended and the ordinance read the second time. Upon motion by L. P. Bernhardt the rules were suspended and the ordinance read the third time and placed on final passage. The question being upon adoption of said ordinance, the roll was called and the following members voted in favor of its adoption: E. J. White, O. I. Bollinger, Noah Phillips, L. P. Bernhardt, and H. Hundhausen. Whereupon the Mayor adopted said ordinance and the recorder was instructed to have same spread upon the record of ordinances of said City and to have same published as required by law and to number same Ordinance #49. Mayor Hundhausen was then authorized by motion to employ Grady Killingsworth as keeper and caretaker of the electric motors being the property of and being used by the Nest Memphis sewer system. The following ordinance was then introduced and read the first time: ORDINANCE #50 WHEREAS, Ordinance No. does not provide remodeling, addi- tion or repair inspection fees and permits. Be it ordained by the Council of the City of Nest Memphis, 1�f1 Arkansas, that all that part of Ordinance number pertaining to plumbing inspection and permit fees be amended to read as follows: That an inspection and permit fee of one dollar ( 1.00) plus fifty cents (50¢) for each fixture having a waste or soil connection be charged for the initial installation, replacement, removal or relo- cation of said fixture or fixtures. Be it ordained by the Council of the City•of test Memphis, Arkansas, that all that part of Ordinance number ,'' - pertaining to electrical inspection and permit fees be amended to read as follows: That an inspection and permit fee of One Dollar (?1.00) plus Fifty Cents ( 50¢) for each circuit and appliance or motor fused at 30 or more ampers be charged for the initial installation, replacement or relocation of said circuit or any part thereof. Motion was then made by E. J. White that the rules be suspended and the ordinance read the second time. Motion was then made by 0. I. Bollinger that the rules be suspended the ordinance read the third time and placed on final passage. The question being upon the adoption of said ordinance, the following voted in favor of its adoption: E. 3. White, 0. I. Bollinger, Noah Phillips, L. P. Bernhardt, J. E. Wise, and Wm. H. Hundhausen. Whereupon the Mayor adopted said ordinance and instructed the recorder to spread same upon the record of Ordinances of said City, to have same published as required by law and to number same Ordinance #50. There being no further business to come before the meeting same was adjourned. Wm. H. Hundhausen Mayor Attest: J. O. Spotts Recorder MINUTES On Tuesday, the 13th day April, 1937, the City Council of the City of West Atemphis, met in regualr session in the Bank of West Memphis Building at eight o'clock P. M. with the following members present: W. H. Hundhausen, J. 0. Spotts, Noah Phillips, L. P. Bernhardt, J. E. Wise, 0 I. Bollinger, Doyne Dodd, C. H. Brown, and M. C. Baumann. The following ordinance was then offered by J. E. Wise and read the first time: ORDINANCE #51 • AN ORDINANCE ADOPTING CERTAIN CRIMINAL LAWS, AND DEFINING THE PROCEDURE THEREFORE, AND DECLARING THE PENALTIES FOR VIOLATIONS BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: That the City of West Memphis shall adopt the criminal procedure and " criminal laws of the State of Arkansas,, as the procedure and laws to be used by the City of West Memphis in its law enforcement. Be it further ordained that the penalties prescribed by the Statutes of the State of Arkansas for violations of its laws shall be, and the same here- by are declared to be the penalties for law violations within the corporate limits of the City of West Memphis. �•- All laws in conflict herewith are hereby repealed. WHEREAS, It is necessary for the proper law enforcement in the said Katy of West Memphis, and in the general interest and welfare of the citizens therein that said law be immediately passed, an emergency is declared to exist, and this ordinance shall be in full force and effect from and after its passage. App rove d: Attest: Wm. H. Hundhausen J. 0. Spotts Mayor City Clerk or Town Recorder. 1= 3 Upon motion that the rules be suspended the ordinance was read the second time. Upon motion that the rules be suspended the ordinance was read the third time and placed on final passage. The question being upon adoption of said ordinance, the following members voted in favor of its adoption: W. H. Hundhausen, J. E. Wise, 0. I. Bollinger, L. P. Bernhardt, and Noah Phillips. Whereupon the Mayor declared said ordinance adopted and the re- corded was instructed to spread same upon the record of ordinances of said City, to have same published as required by law and to number same Ordinance No. 51. The roll was then called upon adoption of the emergency clause of said ordinance and all members voted in the affirmative. The following ordinance was then offered by J. E. Wise and read the first time: ORDINANCE #52 AN ORDINANCE ADOPTING ACT 300 OF THE ACTS OF THE 1937 ASSEMBLY OF THE STATE OF ARKANSAS REGULATING TRAFFIC ON HIGHWAYS AND STREETS, AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF NEST MEMPHIS, ARKANSAS: That Act number 300 of the Acts of the General Assembly of the Qq State of Arkansas, 1937, same being for the purpose of regulating traffic within the cor;orate limits of the City of West Memphis. 0y That special attention be given paragraphs (a) and (b) of Section 15, under Article 6 of the above named Act which reads as follows: ACT 171 Speed Restrictions Section 51. Speed Restrictions. (a) No person shall dtive a vehicle on a -� highway at a speed greater than is reasonable and prudent under the condi- tions then existing. (b) When no special hazard exists the following speeds shall be lawful but any speed in excess of said limits shall be prima facie evidence that the speed is not reasonable or prudent and that it is unlawful: 1 Twenty miles per hour in any business district. 2 Twenty-five miles per hour in any residence district. All laws, or parts of laws, in conflict herewith are hereby repealed. ,WHEREAS, It is in the best interests of the citizens of the City k of West Memphis that these traffic laws be put into Immediate use, and • WHEREAS, It is necessary for the safety of the citizens and chil- dren that said law be passed, an emergency is declared to exist, and this ordinance shall be declared in full force and effect from and after its passage. Approved: Attest: Wm. H. Hundhausen, • J. 0. Spotts Mayor City Clerk or Town Recorder Upon motion that the rules be suspended the ordinance was read the second time. Upon motion that the rules be suspended the ordinance was read the third time and placed on final passage. The question being upon adoption of said ordinance, the roll was called and the following voted in the affirm- ative: W. H. Hundhausen, J. E. .Wise, 0. I. Bollinger, L. P. Bernhardt, and Noah Phillips. The roll was then called upon the adoption of the emergency clause of the above ordinance and all members voted in the affirmative. Whereupon • the Mayor declared said ordinance duly adopted and the Recorder was instructed to spread same upon the record of ordinances of said City and to have same published as required by law and to number same Ordinance No. 52. 144 The following ordinance was then offered by J. E. Wise and read the first time: ORDINANCE #53 AN ORDINANCE DECLARING THE BUSINESS OF STORING, TRANSPORTING AND/OR SELLING OF LIQUORS AT RETAIL OR WHOLESALE IN THE CITY OF WEST ME PHIS, ARKANSAS, TO BE A PRIVILEGE; LEVYING A TAX THEREFORE; PROVIDING FOR THE ISSUANCE OF PERMITS; FIXING THE PENALTIES FOR VIOLATIONS HEREOF, AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST ME PHIS, ARKANSAS: Section 1. That the business of storing, transportinc and/or selling of spiritous, vinous and/or malt liquors at wholesale within the City of Nest Memphis, Arkansas, is hereby declared to be a privilege; and for the exercise of such privilege there is hereby levied an annual tax in the sum of Three Hun- dred Fifty Dollars ($350.00) for each and every such business conducted. Section 2. The business of storing, transporting, selling and/or dispensing at retail of any and all vinous, spirituous, and/or malt liquors within the City of Nest Memphis, Arkansas, is hereby declared to be a privilege, and for the exercise of such privilege there is hereby levied an annual privi- lege tax in the sum of Two Hundred Dollars ($200.00) for each such retail store operated within the City of 'nest Memphis, by any person, firm or corporation. Section 3. E.ny person, firm or corporation engaging in the business herein declared to be a privilege without first having paid the license fees as provided in Sections 1 and 2 hereof shall be deemed guilty of a misdemeanor and upon conviction shall be fined in any sum not less than Onk Hundred Dollars (;100.00) and not greater than One Thous4nd Dollars (;1000.00) ; and each day of such operation without the payment of said license fees shall constitute a sepa- rate and distinct Offense. Section 4. It is hereby declared to be the intent of the City of West Memphis in order to avoid Jconfusion to issue such licenses as are herein provided for in such a manner that they will run for such a length of time as will be con- current with the licenses issued by the State Government. It is therefore ordained that the city collector shall have the right to accept installment payments of the license fees due the City of 'Nest Memphis for such periods of time-as the State Commissioner of Revenues grants for the payment of State license fees. Section 5. Before any person, firm, or corporation shall engage in the wholesale or retail liquor business in the City of Nest Memphis, Arkansas, an application shall be made to the city collector for a permit. Said application shall contain a sworn statement of the name of the business sought to be licensed, the names and addresses of all of the persons owning or holding any interest in said business, and the proposed location of said business, the owner or owners of the building or premises in which said store is to be located, and said applicants' state license shall accompany said application. Then the city collector shall issue such license after approval_b y ei the City of West Memphis council and upon the payment of the fees. herein pro- vided and then notify the marshall of the issuance of same. Any person, firm or corporation violating the provisions of this sec- tion shall be deemed guilty of a misdemeanor and upon conviction fined in any sum not less than Fifty Dollars ($50.00) nor more than Three Hundred Dollars ($300.00) . Section 6. The City of Nest Memphis council shall have the right to refuse to grant a permit to any person or to any firm or corporation in which a person or persons own an interest where such person or persons have been con- ./ victed for violation of liquor and/or prohibition laws after passage of this ordinance and/or for crimes involving moral turpitude. Section 7. No person, firm or corporation who shall have paid a privi- lege tax to the county of an amount equal to the fees fixed herein, prior to the passage and approval of this ordinance for the period January 1, 1937, to June 1, 1937, shall be required to comply with all the other provisions of this ordinance. Section 8. If any section or portion of a section of this ordinance is adjudged to be unconstitutional such adjudication shall affect the validity and 14Z constitutionality of the remainder of the ordinance. Section 9. All ordinances and parts of ordinances in conflict herewith are hereby expressly repealed and this ordinance shall be given full force and effect ever all ordinances and parts of ordinances hereto- fore passed and approved. Section 10. Nhereas, the City of Vest Memphis has been at great expense in the enforcement of the liquor laws and unless some revenue is obtained to pay therefor, it will be highly detrimental to the public peace, health and safety. Therefore, an emergency is declared and this ordinance shall be in full force and effect from and after its passage and approval. Attest: Approved: J. 0. Spotts Wm. H. Hundhausen City Clerk or Town Recorder Mayor Upon motion that the rules be suspended the ordinance was read the second time. Upon motion that the rules be suspended the ordinance was read the third time and placed on final passage. The question being upon adoption of said ordinance, the roll was called and the following voted in the affirm- ative; W. H. Hundhausen, J. E. Wise, 0. I. Bollinger, L. P. Bernhardt, and Noah �'hillips. 4"J f=1 The roll was then called upon the adoption ofthe emergency clause of the above ordinance and all members voted in the affirmative. Whereupon the Mayor declared said ordinance duly adopted and the Recorder was instructed to spread same upon the record of ordinances of said City and to have same published as required by law and to number same Ordinance f 53. It was then moved by the Council that the City Marshall, C. C. Culp, be instructed by the Mayor to enforce Ordinance fr14 with reference to clean- ing up the tin cans piled around Allstadt's Service Station. The Council instructed City Treasurer C. H. Brown to pay R. C. Baumann Construction Company all the remaining and unpaid balance due him by the construction of the Nest 1lemphis Sewer System with the exception of One Thousand Dollars (41000.00) to be retained as a basis of settlement on street and other damages as yet unsettled between the City of Nest Memphis and the R. C. Baumann Construction Company. The following unpaid bills were then presented and approved for payment: Pidgeon Thomas Iron Company 1'4;27.20 Choctaw Culvert & Machinery Company 48.00 Tristate Culvert Manufacturing Company 279.00 Mathis Drug Company 1.53 Crow Creek Sand & Gravel Company 152.50 Wm. C. Ellis & Sons 4.40 Johnson Auto Company 172.38 Mrs. R. M. Miller 7.00 There being no further business to come before the Council, same was adjourned. 7Vm. H. Hundhausen Attest: Mayor J. 0. Spotts *corder 146 ti EE • 1 LaNUTES On Tuesday, May llth, L937, the City Council of the City of West Memphis, in regular session assembled, at the Bank of West Memphis Building, at 8 o 'clock P.M. , with the following members present: E. J. White, Bob Bollinger, L. P. Burnhardt, James Wise, W. H. Hundhausen, and Doyne Dodd. Jack Rich, Dr. B. M. Stevenson and Mr. Ladd were also present. The following Ordinance was then introduced by E. J. White, and read the first time: ORDINANCE NO. 54. AN ORDINANCE TO PROVIDE FOR THE COLLECTION OF SUCH CHARGES AS ARE DUE THE CITY OF WEST MEL HIS BY THOSE OF ITS INHABITANTS WHO ARE C0NNECTED WITH THE WEST IV MPHIS SEWER, TO APPOINT A COLLECTOR, AND TO PROVIDE COMPENSATION THEREFOR. In In BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST = MEMPHIS, ARKANSAS; e Section 1. That the City of West Memphis shall have a col- lector whose duty it shall be to make monthly collections in the amount prescribed under the terms contained in the contract between the City of West Memphis and the P.W.A. , • Docket 2615, from each and every person, firm, individual, partnership or corporation who is connected with the ~hest - Memphis Sewer System. Section 2. That said collector shall be designated and appointed by the City Council of the City of West Memphis. Section 3. That said collector shall receive as compensation for his or her services the sum of fifteen ($15.00) dollars per month. WHEREAS, The citizens of West Memphis have been dilatory in connecting their homes with the West Memphis Sewer System, and as a result thereof the City of West Memphis is sorely in need of revenue from its system in order to meet its obligations with the PWA, an emergency is declared to exist, and this Ordinance shall be in full force and effect from and after its passage. Passed: May 11, 1937. Approved: Vim. H. Hundhausen, Mayor. Attest: J. 0. Spotts, CityRecorder. On motion of J. E. Wise, with proper second that the rules be suspended, the Ordinance was read the second time; upon motion of 0. R. Bollinger, that the rules be suspended, the Ordinance was read the third time , and placed on final passage. Upon call of the roll the following voted in the affirmative ; E. J. White, 0. I. Bollinger, J. E. Wise, W. H. Hundhausen, and L. B. Burnhardt. roll call was then called upon the adoption of am emergency clause, with the following voting in the affirmative; E. J. White, 0. I. Bollinger, J. E. Wise, W. H. Hundhausen, L. B. Bkirnhardt. Thereby the I,Ia.yor declared said Ordinance adopted, and requested the Recorder to place the same upon the records of Ordinances of said City to have same published as required by law, and to number said ordinance Number 54. Fifty-four. Whereupon the following Ordinance was then introduced by E. J. White for the first time. ORDINANCE NUMBER 55. AN ORDINANCE ADOPTING THE RULES AND REGULATIONS OF THE STATE BOARD OF HEALTi OR ARKANSAS. BE IT ORDAMED BY THE CITY COUNCIL OF THE CITY OF WEST MEI2THIS, ARKANSAS. Section 1. That the rules of the State Board of Health of the State of Arkansas as they exist at the present time shall be and the same hereby are, adopted in toto as the rules and regulations to govern health and sanitary conditions within the corporate limits of the City of West Memphis, Arkansas. Section 2. That a copy of the said rules and regulations be annexed and affixed hereto and made a part of this Ordinance, and placed in the records of the City of West Memphis, Arkansas. Section 3. That the County Health Officer be, and he hereby is, appointed and made ex-officio health officer for the City of "lest Memphis, with the right and priviledge of investigating; any unhealthful or unsanitary conditions that msycoome ;-4o M s attention, and with the further right to abate said conditions by any lawful method whatsoever. Section 4. It appearing that the above named rules and re- gulations are vitally important to the health and swell--being of the citizens in the City of West Memphis, €11 emergency is declared to exist, and this Ordinance shall be in full force and effect from and after its passage. Passed: Maay 11, 1937. Approved; W. H. Hundhausen, MAYOR Attest; J. 0. SPOTTS, CITY RECORDER. Upon motion of J. E. Wise, with proper second, that the rules be suspended, the Ordinance was read the second time ; upon motion of 0. I. Bollinger, with proper second, that the rules be suspended, the Ordinance wa.s read the third time, and placed upon final passage. Upon call of the roll the following voted in the affirmative; E. J. White, 0. I. Bollinger, J. E. Wise, W. H. Hundhausen , and L. B. Bernhardt. otiv A roll call was then called upon the adoption of an emergency clause, with the following voting in the affirmative;, E. J. White, 0. I. Bollinger, J. E. Wise, W. H. Hundhausen, and L. B. . .i Bernhardt. Whereby, the Mayor declared said Ordinance adopted, and re- quested the Recorder to place the same upon the records of Ordinances of said City, to have same published as required by law, and to number said Ordinance Number Fifty-Five. (55) At this time Dr. Stevenson was heard upon a recommendation by him that sanitray conditions be improved within the City of West Memphis, and that a concentrated effort be made to destroy mosquito breeding places. He asked that the City 149 appropriateenough money to buy oil to spread over the surface in Bayou Ten. Whereupon the Mayor informed him that the matter would *be taken under advisement and acted upon at the nextmeeting. Mr. Ladd, District Manager of the Southwestern Bell Telephone Company then appeared before the Council in an effort to have the Council draw up an Ordinance granting the said Southwestern Bell Telephone Company the right to operate for the next five years under the same terms that they are now operating upon. . fter a lengthy discussion, it was decided to take the matter under advisement until the next regular Council Meeting; at which time it will come up for action. Mr. sack Rich made a short talk in the interests of the pro- posed Spur Track to be built in West Memphis by the Frisco Railway Company. At the conclusion of his talk, the following Ordinance was introduced by 0. I. Bollinger, and read the first time; ORDINANCE NUMBER 56. %'~ AN ORDINANCE GRANTING THE FRISCO RAILWAY CO .'A JY A RIGHT-OF-WAY ACROSS CERTAIN STREETS WITHIN THE CORPORATE LIMITS OF THE CITY ,:; OF WEST MEMPHIS FOR THE PURPOSE OF BUILDING A SPUR TRACK, ADD FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE, CITY OF WEST MEMPHIS, ARKANSAS. Section 1. That the City of West Memphis grant the Frisco Rail- way Company a right-of-way upon which to build a spur track, within the corporate limits of said City across the following described streets. Section 2. Said right-of-way shall be extended to cross 1st, 2nd, 4th and 5th Streets, in said City of West Memphis, at the following described locations : FIRST STREET Substantially parallel with and 25 feet south of north line of Lots 3 and 24, of M. P. Horsley' s Addition. SECOND STREET Substantially parallel with and 25 feet south of north line of Lots 29 and 50 of said Addition. _FOURTH STREET From point in west line of said street about 35 feet south of the north line of Lot 55 of said Addition to a point in the east line of said street about 48 feet south of the north line of - Lot 76 of said Addition. i FIFTH STREET From a point in the west line of said Street about 48 feet north of south line of Lot 82 of said Addition to a point in the east line of said Street about 425 feet north of the south line of Lot 99 of said Addition. Section 4. That the present commercial zone be extended . to include the area necessarily included in laying said spur, said area now being zoned as residential, more properly described as follows ; Lots No. 75, 76, 55, 50, 29, 24, and 3 of the M. P. Horsley Addition to the City of West Memphis. WHEREAS; It is necessary to the public peace, health and safety of the City of West Memphis that the above provisions be immediatly carried out, an emergency is declared to exist, and this Ordinance LJU shall be in force when and after its passage. Passed; May llth, 1937. Approved: W. H. Hundhausen.MAYOR ATTEST. J. O. Spotts. CITY RECORDER. On motion of E. J. White, with proper second, that the rules be suspended, the Ordinance wqs read the second time, upon motion by J. E. Wise , with proper second, that the rules be suspended, the Ordinance was read for the third time, and placed on final passage. Upon call of roll, the following voted in the affirmative ; E. J. White, 0. I. Bollinger, J. E. Wise, W. H. Hundhausen, L. B. Bernhardt. A roll call was then called upon the adoption of am emergency clause, with the following voting in the affirmative; E. J. White, O. I. Bollinger, J. E. Wise, W. H. Hundhausen, and L. B. Bernhardt. Whereby the Mayor declared said Ordinance adopted, and re- quested the Recorder to place the same upon the records of Ordinances of said City, to have same published as required by law, and to number said Ordinance Number Fifty-Six. (56 ) At this time, a suggestion that the City Firemen be given the City Auto License tags free of charge was unanimously rejected. The following Ordinance was - then introduced by E. J. `mite, and read for the first time; ORDINANCE NUMBER 57. AN ORDINANCE TO RATIFY AND ADOPT THE RECONNENDATIONS OF THE CITY PLANNING COMMISSION, AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS. Section 1. That the set-back line on Highway 70 from the eastern city limits to the western city linits shall be as follows: (A) The south side only of said Highway shall be 67 feet from the center of said Highway extending from 7th Street to 2nd Street; 63 3/10 feet from 2nd Street to 1st Street; 56 feet from 1st Street to Wood Street; 64 feet from Wood Street to Hulbert Road. (B) The set-back line Onothe north side only of Highway 70 from the points above mentioned shall be ; 63 feet from ( -. 7th Street to Flippo. (C) The set-back line from 7th Street to the eastern City limits shall be 55 feet from the center of Highway 70 on both the north and south sides of said Highway. r-- WHEREAS. The City of West Memphis is in immediate need of the above named provisions in order that the public peace, safety, health and welfare be preserved, am emergency is declared to exist, and this Ordinance shall be in force from and after its passage. Passed; May 11th, 1937. Approved;_`. H. Hundhausen Attest; J. 0. Spotts MAYOR city pecorder. 151 Upon motion of J. E. Wise, upon proper second, that the rules be suspended, the Ordinance was read the second time, upon motion of 0. I. Bollinger, with proper second, that the rules be suspended, the Ordinance was read for the third time, and placed on final passage. Upon call of the roll, the following voted in the affirmative; E. J. White, 0. I. Bollinger, J. E. Wise, W. H. Hundhausen, and L. B. Bernhardt. A roll call was then called upon the adoption of an emergency clause, with the following voting in the affirmative, E.J. ll White, 0. I. Bollinger, J. E. Wise, W. H. Hundhausen, and L. B. Bernhardt. (After a discussion, it was decided to raise the City Marshall's salary from eight-five ( 85.00) dollars a month to one hundred ($100.00) dollars a month.) Members voting for this raise were: E. J. White, 0. I. Bollinger, W. H. Hundhausen, and L. P. Bern- hardt. = Whereupon , there being no further business to come before the Council, same was adjourned. Attest: J. 0. SPOTTS. W. H. HUNDHAUSEN RECORDER. MAYOR On Tuesday June 8th, 1937 the City Council met in the Bank of West :.'emphis buklding at eight o'clock PM. with the following members present: E J White, r-- J E `,Wise, N H Hundhausen, LP Bernhard and J 0 Spotts. ", Upon motion with proper second, it was uanaimously agreed by the City Council to officially name the newly selected tract of ground set aside for the City amusement purposes as: "Worthington Park". The recorder was directed to in- scribed such in all matters pertaining to the said park. Mayor Hundhausen was authorized by the council to have traffic zones and lines painted on the concrete in Iromp of certain buildings where traffic is unusually heavy and to try to work out a plan to relieve congested parking. There being no further business to come before the council, same was adjourned. W. H. HUNDHAUSEN, Mayor, 1.tte st; J 0 Spotts, Recorder. :,:inutes; • .%n Tuesday the 13th day of July, 193►$, being the regular meeting date for the 'City Council meeting, a quorum was not present. MINUTES: On Tuesday the 20th day of July, 1937 the City Council met in the Bank of West "emphis at eight o'clock P L in a called meeting of the i._ayor, all members having 17 had due notice in writing as required by law, and the fallowing members present; E J dhite 0 I Bollinger, J E `Wise L P Bernhard and H Hundhausen and J 0 Spotts. The council unanimously agreed to pay the firm of Wallin Dickey & h Lumber Co . the sum of Five Hundred Dollars ( 500.00) on the lumber bill used on the Community house, and instructed the Recorder to draw such warrant on the City Ttreaurer. The council then unanimously adopted a resolution directing the Recorder to issue and the Treasurer to pay to R C Bowman Const. Co. the sum of The Thousand Dollars ( 1,000.00) the said amount being the remaining part of comperesat on for the construction of the West ;Memphis Sewer Cystem as set out to contract with the said R C Bowr:an Const Co. There being no further business, the cou cil was adjourned. ,, H HUDHALS ;N, Mayor ,ttest; J 0 Spotts-Recorder. 15 MINUTES: On Tuesday the 10th day af being the date for regular meeting of the Oity Council, no quorum was present, therefore no meeting held. MINUTES: On Tuesday the 14th day of September, 1937, same being the date of regular meeting of the City council, said meeting was postponed until latet date, said date to be determined log special meeting called by mayor. . 4 • . • • • • • • • • i • • • 1Je MINUTES On Tuesday, the 21st day of September, 1937 , the City Council of the City of "West Memphis met in the Directors Room of the Bank of West Memphis Building, in a call meeting of the Mayor, all members having been given due notice in writing as required by law, and the following members present, Mayor Hundhausen, E. J. White, 0. I. Bollinger, James Wise, Noah Phillips and Doyne Dodd. Dr. B. M. Stevenson was also present. The following Ordinance was introduced by Noah Phillips and read the first time: ORDINANCE #58. AN ORDINANCE TO PROVIDE FOR STREET DUTY BY THE MALE RESI- DENTS OF WEST MEMPHIS AND FOR THE MANNER AND TERMS OF EXER- TIONS THEREFROM AND FOR OTHER PURPOSES. CD BE IT ORDAINEED By THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, Ca ARKANSAS. 1. All male persons between the ages of eighteen and forty- five years who have been a resident within the corporation limits of West Memphis for a period of more than ninety days shall be liable and subject to street duty, performable by work and labor in or upon the streets, alleys, sidewalks or public grounds • inside the limits of such corporation for a period of not to exceed ten days in any one year nor a period of more than three days at any one time. 2. Such work shall be done under the supervision and at r^ the direction of a Street Commissioner to be appointed by the ! City Council. 3. The Street Commissioner shall notify and warn every male resident of West Memphis coming within the purview of this ordinance, of the time or times when his duty shall be performed by giving him at least three days notice. Such notice may be given personally, by telephone or by mailing same to the usual place of abode of the person to be warned and summoned. 4. Provided, however, that each person liable to street duty under the terms of this ordinance, who shall, on or before the day he is lawfully yarned to work, pay to the City Marshall the sum of dollars, or who shall furnish a substitute acceptable to the Street Commissioner for street duty, shall be exempt and discharged from street duty for the calendar year. All such monies collected under the terms of this pro- vision shall be used to improve or repair the streets, alleys, sidewalks or other public grounds inside the corporate limits of West Memphis. 5. Provided further that persons coming within the pur- view of this ordinance that shall perform the street duty as required herein or shall be exempt therefrom iiiader the pro- ' visions of this Ordinance shall not be liable to work on any of the public roads outside the corporate limits. 6. Any person or persons who shall fail to perform their street duty as required herein after having been lawfully warned and summoned and who is not exempted therefrom by the provisions of this ordinance shall be deemed guilty of a mis- . demeanor and upon conviction he shall be fined not less than ten dollars nor more than fifty dollars. • WHEREAS, 'the streets of the City of West Memphis are in a bad state of repair due to the lack of revenue of said City, and as a result the public health and safety of said City is in danger, an emergency is declared to exist, and this ordinance shall be in full force and effect from and after its passage. MAYOR PASSrn. • ATTEST: Upon motion that the rulesbe suspended and the ordinance be read the second time the following voted in the affirm,. tive. Mayor Hundhausen, E. J. White, 0. I. Bollinger, James Wise, Noah Phillips. The Ordinance was then read the second time and upon motion that the rules be suspended and the Ordinance read the third time and placed on final passage the following voted in the affirmative, Mayor Hundhausen, E. J. White, 0. I. Bollinger, James Wise, and Noah Phillips. The Ordinance was then read the third time and the question being upon' its adoption the roll was called and the following voted in the affirmative, Mayor Hundhausen, E. J. White, O. I. Bollinger, James Wise and Noah Phillips. The roll was then called upon the adoption of the emergency clause of said Ordinance and the following voted in the affirmative, Mayor Hundhausen, E. J. White, 0. I. Bollinger, James Wise and Noah Phillips. WHEREAS, said Ordinance was directed adopted and the committee was directed to spread same upon the records of Ordinances of said City, to have same published as required by law and to number said Ordinance number 58. The following ordinance was then introduced by James Wise, and read the first time; ORDINANCE NO. 59. AN ORDINANCE TO BETTER PROTECT THE PUBLIC HEALTH IN THE SALE OF FOOD AND FOR OTHER PURPOSES. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY .OF ,'JEST MEMPHIS, ARKANSAS; Cect7.on 1. Every person, firm or corporation engaged • or employed or acting in '::'ie City of 'lest Memphis, Arkansas, in the dispensing, selling or offering for sale of any foods for human consumption, hick has to be,.or is customarily handled' by the hands,inelUding cooks,bakers,dishvashers, meat cutters, ;;oda fountain dispensers,and household cooks and maids,shall be termed food handlers,..ithin the meaning of this ordinance. Section 2. It shall be unlawful for any food handler as defined in this Ordinance to be engaged, employed or acting as a food handler, in the City of West Memphis, without first receiving certificate of a reputable Physician, countersigned by the City Health Department that the food handler is free from all contagious or infectious diseases, and -each food handier shall be required to present, in addition to said health 15 certificate, a Wasserman test report showing negative. Said certificate and Wasserman test report shall be good for a term of six months, provided the food handler shall report to the City Health Department with the certificate for examination every thirty days, and the result of said examination noted thereon with the date thereof, and the City Health Department shall recall the certificate on the discovery of any contagious or infectious disease. Section 3. It shall be unlawful for any person, firm or cor- poration in the City of hest Memphis to have in their service or employ, rith or without pay, any food handler who has not complied with this Ordinance and received a health certificate and Wasserman test report as herein provided for. Section 4. Any person, firm or corporation violating this Ordinance shall be deemed guilty of a misdemeanor and upon conviction shall be fined not less than Ten Dollars nor more than Fifty Dollars, and each day said violation shall continue shall be a separate offense. C.0 Section 5. There being a large number of cafes and eating places 1:J in the City of West Memphis, and a large transitory employment therein so as to greatly endanger the public health, an emergency 0-0 is hereby declared, and this Ordinance being necessary for the immediate preservation of the public peace, health and safety, shall take effect and be in force from and after its passage, September 1937. MAYOR PASS D: ATTEST: J. 0. Spotts, CITY RECORDER. Upon motion that the -rules be suspended and the ordinance be read the second time, the following voted in the affirmative; Mayor Hundhausen, E. J. White, 0. I. Bollinger, JamesWise and Noah Phillips. The Ordinance was then read the second time and upon motion that the rules be suspended and the ordinance read the third time and placed on final passage the following voted in the affirmative , Mayor Hundhausen, E. J. White, 0. I. Bollinger, James Wise and Noah Phillips. The Ordinance was then read the third time and the question being upon its adoption the roll was called and the following voted in the affirmative, Mayor Hundhausen, E. J. White, O. I. Bollinger, James Wise and Noah 'hillips. The roll was then called upon the adoption of the emergency clause of said Ordinance, and the following voted in the affirmative, Mayor Hundhausen, E. J. White, 0. I. Bollinger, James Wise and Noah Phillips. :`THEREAS, said Ordinance was directed adopted and the committee was directed to spread same upon the records of Ordinances of said City, to have same published as required by law and to number said Ordinance number 59. The following Resolution was then introduced by James Wise, who moved its adoption. RESOLUTION. ~'WHEREAS: the City of West Memphis, Arkansas has secured sewer easements on certain, parcels of private property in the City of :"lest Memphis, and 1. EREAS: The Southwestern Bell Telephone Company has made application to the City of West Memphis for permission to use such easements, and WHEREAS: Such easements also provide that the City of West Memphis shall have the right to use said property for LJt NOW THEREFORE. Be it resolved by the City Council of the City of West Memphis, Arkansas, that permission be, and it hereby is granted the Southwestern Bell Telephone Company to use such easements for its telephone lines. MAYOR PASSED: ATTEST: J. O. SPOTTS, CITY RECORDER. The following members voted for the adoption of the above Resolution; Mayor Hundhausen, E. J. White, O. I. Bollinger, James Wise, Noah Phillips. The following Resolution was then introduced by E. J. White, who moved its adoption. RESOLUTION 1 EREAS, the City Council of the City of West Memphis did on the 8th day of September, 1936, while convened in re- gular session, pass and adopt an Ordinance creating the office of City Engineer for the City of West Memphis, and ';IHEREAS, said Ordinance provides that the Mayor be em- powered to appoint an engineer to serve until the next regular City Election, and 7THEREAS, M, C. Baumann was duly appointed by the Mayor as City Engineer to serve until the next regular election, and ',rEIEREAS, the said M. C. Baumann has resigned prior to fl the next election following his appointment, and no other I Engineer in the City of West Memphis can qualify as a Pro- fessional Registered Engineer in the State of Arkansas, which is required by the above named Ordinance, and WHEREAS, there is immediate need for the services of a • competent Engineer to serve the needs of the City of West Memph i s, NOW TFEREFORE, BE IT RESOLVED by the City Council of the • City of West Memphis that the Mayor be empowered to employ and/or enter into contract with a competent Engineer to do the work ordinarily and heretofore done by the City Engineer until such a time as a regular, qualified and acting Resident Engineer shall be elected and qualified. PAS SED: I1YOR ATTEST; J. 0. SPOTTS, CITY RECORDER The following members voted for the adoption of the above Resolution; Mayor Hundhausen, E. J. White, 0. I. Bollinger, and Noah Phillips. • There being no further business to come before the Council , and same was adjourned. "WM. H. HU DHAUSEN, MAYOR. ATTEST: J. 0. SPOTTS, RECORDER. 15? MINUTES On Wednesday, the 13th day of October, 1937, the City Council of the City of West Memphis met for an adjourned session in the Bank of Wiest Memphis Building at eight o'clock P. M. with the following members present: W. H. Hundhausen, Noah Phillips, 0. I. Bollinger, E. J. White, J.E. Wise, and J. 0. Spotts. Upon motion by C. I. Bollinger with second by E. J. White, ,--- it was resolved by the City Council to change the name of Fish Avenue to Roosevelt Avenue, and of Flippo Street to Avalon Drive. All members of the Council present voted in favor of the adoption of said resolution. It was brought to the attention fo the Council that there was pending before the Public Utilities Commission at Little Rock, applications by the West Memphis Power & Water Company to purchase certain utility plants and also for the company to float mortgage bonds in the amount of :.250,000.00, and it is proper that the City be represented before the Commission of such hearings: On motion of J. E. Wise, duly seconded and carried, IT WAS RESOLVED that the firm of :hazer & Clifton, Attorneys, be authorized to appear before the Public Utilities Commission at `e14 these hearings and take such action as is necessary to protect the City of West Memphis. All members of the Council present voted in favor of the adoption of said resolution. The Council agreed by unanimous vote to pay J. I. Robinson., a negro. in Geo. T. Kendall Subdivision, a sum of $20.00 as com- pensation for damages to his crop as a result of sewer line installation. It was moved by the City Council to install an electric flsignal system on. the sewer pumps in order to protect the City and customers in case of failure of said pumps to operate. There being no further business to come before the Council same was adjourned. MINUTES On Tuesday the 9th of November 1937, the City Council of City of West'Memp .is met in regular session in the Bank of Test Mem- phis Building at 8 o'clock F. Y. with the following members pre- • sent: W. H. Hundhausen, Noah Phillips, E. J. White, J. E. Wise, O. I. Bollinger, and J. 0. Spotts. The following Ordinance was introduced.by Alderman O. I. Bollin- ger and read the first time.. X ORIEANCE NO. 60. AN ORDINANCE TO AY END ORDINANCE Nn. R 49. Be it ordained by the city council of the City of West Memphis in regular session assembled: That the phrase "That the present commercial zone which appears in the first paragraph of the Ordinance Number 4 of the Ordinances of the City of West Memphis shall be, and it hereby is amended to read "That the commercial zone • Passed: November 9, 1937. Approved: Wm. H. Hundhausen, Mayor. Attest: J. O. Spotts, City Recorder. JZi Motion was made by E. J. White that the rules be suspended and the Ordinance read the second time,. Upon the second reading • of said Ordinance, motion was again rrade by E. J. White that the rules be suspended, the Ordinance read the thrid time and placed on final passage. Whereup-on the following members voted in the affirmative: W. H. Hundhausen, Noah Phillips, E. J. White, J. E. Wise, and 0. I, Bollinger. The Ordinance was then read the third time end the question be- ing upon its adoption, following members voted in the affirma- tive: W. H. Hundhausen, Noah Phillips, E. J. White, J. E. Wise, and C. I. Bollinger. Whereup-on said Ordinance was declared adopted, the recorder war directed to spread same upon the record of Ordinances of said town, to have same published as required by law and/to number said Ordinance' Number 60. Sixty. The following Ordinance was then introduced by 0. I. Bollinger and re'ad the first time. ORDINANCE EC. 61. r, r. _. S . N e T N S _. r ON AN 0:3DIivr"�;dCr REQUIRING > : Itl:':1'i., �;. ��;.,_ �lil �InG.� AND C�;nS`i'kUC- TICN WITHIN THE CORPORATE i,I'i,l fS. CF THE CITY CF WEST "E'.;'..:IS, • EXTENDING THE FIRE LII::ITS TO INCLi„iE A%.1 CF THE .I�CCR}ORAtEL CITY OF WEST I4'EiiF:.IS, AND Y0R (.T' • CR-OSES. E IT ORi)AiW b BY `ihE CITY C: ui\,CIL Oi THE 'I':" OF DEIST MEr- Ti:I::, ARKANSAS: Section, 1. That hereafter the Fire limits in the .City. of West Memphis shall be identical and co,-extensive with •the ei'r • - porate lir'its of. said City of West Memphis. Section 2. No wall, structure, building or part thereof, of fl any nature whatsoever, shall hereafter be built, enlarged, or U altered until a plan of the proposed work, toother with a statement of the materials to be used, shall.have been submit- ted to the City Engineer, who shall, if said plan be in accord- • ance with the present laws regulating building within the City of West Memphis, issue a permit for the proposed structure. Section 3. The City Engineer is hereby empowered to collect as fee for the issuance of ti;o permits hereinabove described the sum of one da.liar k.pi.00) for each one thousand ( 1,000) • • dollars, cost of the proposed structure, with a minimum charc;e of one dollar on constructions less than one thousand dollars. • Section 4. Penalty for Violations; Any and all persons who shall violate any of the provisions of this Ordinance or fail to comply therewith or who shall violate or fail to comply with any- order or regulation made thereunder, or who shall build in violation of any detailed statement of specifications of plans submitted and approved thereunder, or any certificate or permit ' issued thereunder, shall severally for each and every suel via-/ lation and non-compliance respectively, forfeit and .pay a pen- alty in the sum of twenty-five dollars, ($25.00) . The imi:osi- tion of one penalty for any violation of this Ordinance shall not excuse the violation or permit it to continue, and all such persons shall be required to correct or remedy such violations or defects within a reasonable time, and when not otherwise specified, each ten days the prohibited conditions are main- tained shall constitute a separate offense. ' Section 5. That all Ordinances and parts of Ordinances in conflict herewith are hereby repealed, and it -appearing that there are several structures, buildings, etc., about to be erected which constitute fire hazards, and being otherwise in derogation of the public health and safety of the citizens of • West Memphis, an emergency is declared to exist, and this Or- dinance shall be in effect and e r1'.... and after its passage, ap roval and iublication. Passed: November 9, 1937 Approved: —W. H. Hundhausen, Mayor Attest: J. O. Spotts, City Recorder 159 Motion was made by E. J. White that the rules be suspended and the Ordin- ance read the second time. Upon the second reading of said Ordinance, motion was again made by E. J. White that the rules be suspended, the Or- . dinance read the third time and placed on final passage. Whereup-on the following members voted in the affirmative: W. H. Hundhausen, Noah Phil- lips, E. J. White, J. E. Wise, and 0. I. Bollinger. The Ordinance was then read the third time and the question being upon its adoption, following members voted in the affirmative: W. H. Hundhausen, Noah Phillips, E. J. White, J. E. Wise, and 0. I. Bollinger. egg%, :'.horeup-on said Ordinance was declared adopted, the recorder was directed .o spread same upon the record of Ordinances of said town, to have same .published as required by law and to number said Ordinance Number 61. Sixty- , J one. The following Ordinance was then introduced by J. E. Wise and read the first time. • ORDINANCE !NUMBER 62. AUTOMATIC SLOT MACHINES rl C0 The business of owning, operating or leasing automatic slot machines and vending machines is hereby declared to be a privilege, and it is further declared that the owner, operator and lessor of such machines shall fray an annual license tax thereon for the privilege of operating said machines, upon the following basis: Per Annum On each automatic weighing machine $5.0O • On each gum slot machine 1.J0 On each coin slot automatic musical instrument - 10.00 On each stamp machine operating for profit ' ' 1.00 On each cigarette or cigar vending.machine , . . . . . . : 2.50 On each combination cigarette and cigar machine 5.00 On each miniature slot machine pool table 12.00 On all reel slot machines paying out money or checks 100.00 On penny automatic machines for flaying `tames, each 6.00 • On all other automatic machines for playing games, each 12.00 • On each set of dominos when rented for play by the proprietor 12.00 On each ping-_ong game 12.00 Oh Fenny Pi_ito Machine Company known aa, Penny Cigarette Machine 6.00 Before any person, firm or corporation or agent and receiver •thereof shall be permitted to operate any of the slot and vending machines mentioned a- bove, he shall first procure from the city collector a license or permit, which i rmit shall show that the license tax on each machine has been paid ' and sha i ? state the period of time during which said machine may be opera- ted. The license fee herein mentioned shall be payable annually in ad- vance, provided, however, that at the request of the person taking cut said , ermit, tho .eity collector is hereby authorized to issue a license for eix months and to collect cane-half of the annual fee therefor. The dates for payment of the license fee hereunder shall be January 1st and July 1st in each year. Any license applied for during the last six months of the fiscal year shall be issued upon the basis of one-half the annual tax. It shall be unlawfel f:or any persons, firm or corporation, or agent or receiver thereof, to operate or permit the operation of any of the machines or games mentioned above without having- first paid the license fee pro- vided for herein, and anyone found guilty of violating ehe provisions of this Ordinance shall be fined in the sum of twenty-five dollars and each May that such machine or machines may be .operated without having paid said license fee shall constitute a separate offense. Passed: November 9, 1937 • Approved: W. H. Hundhausen, MAYOR Attest: J. 0. Spotts, CITY _REC01?�.: R. thU • Motion was made by E. J. White that the rules be suspended and the Or- dinance read the second time. Upon the second reading of said Ordinance, motion was again made by E. J. White that the rules be suspended, the Or- dinance read the third time and placed on final passage. Whereupon the following members voted in the affirmative: W. H. Hundhausen, Noah Phil- lips, E. J. White, J. E. Wise, and 0. I. Bollinger. The Ordinance was then read the third time and question being upon its adoption, following members voted in the affirmative: W. H. Hundhausen, Noah Phillips,. E. J. White, J. E. Wise, and 0. I. Bollinger. Whereup-on said Ordinance was declared sdopted, the recorder was directed to spread same upon the record of Ordinances of said town, to have same published as required by law and to number said Ordinance Number 62. Sixty- two. The following resolution was then read and unanimously adoptod by the City Council: LESOLUTION • WHEREAS: the 1937 flood in the Mississippi River has demonstrated that the levee along the Mississippi River for a distance of some fifty miles, extending from about Pinckney Arkansas to the end of the levee is con- structed to a grade much lower than the levee above the back water area, and WHEREAS: the levee as so constructed includes some thirty (30) miles of levee that is in effect a fuse plug section of levee, said fuse^plug sec- tion of levee being located. between Porter Lake in the lower part of Crit- tenden County and a point some five miles below Whitehall Landing in Leo County, and which fuse plug section will, when the river reaches a stage on the Memphis Gage (Beale St.) of 51.0 to 51.5 feet, fail, and WHEREAS, a failure in our levee system anywhere along this thirty mile • section would increase the depth of the back water an additional five to fourteen feet over that of the 1937 tack water, and would increase the f €. area over-flowed by back water from 515,000 acres over-flowed in 1937 to nearly 1,000.000 acres, thereby causing inestimable damages, suffering • and probably loss of life, therefore, EE IT RESOLVED BY THE REST YEIdfiiIS CITY li: CIL: : that the. U. a. Dis- trict Engineer, located at West Memphis, Ark. be and is hereby requested to make a thorough investigation of this situation ari`h a view of raising • and enlarging such low levee tact. grade or height sufficient to carry the flood waters of the super flood estimated for Memphis, Tenn. along our levee, throughout its length, and forcing the back-water which over-flows our lands to do so from the opening at the end of the levee system,there- by reducing materially the area over-flowed, the depth of the over-flow, and the inestimable damages, suffering and probable loss of life that would result from a failure of the levee system along this low stretch of levee. • BE IT FURTHER RESOLVED: that a copy, of these resolutions be sent' to the Mississippi River Commis1on at Vicksburg, Mississippi, The Chief of En- gineers U. S. A., and our Representatives in Congress, Washington D. C. . Wm. H. Hundhausen, Mayor. • Attest: J. 0. Spotts, Recorder �. • There being no further business to come before the Council, same was adjourned. ************.******************************* cUNUTES On Tuesday, January 11, 1938, the City Council of the City of West Mem- This met in regular session in the Bank of West Memphis Building at • b o'clock F. M., with the following members present: J. E. Wise, J. • White, Noah Phillips, O. I. Bollinger, W. H. Hundhausen, Doyne Dodd, and J. 0. Spotts. City Engineer C. H. Bond was also present at city meeting. • 161 The following proceedings were had to wit: Motion was made by E. J. White and unanimously accepted by the City Coun- cil to pay Mr. H. Inglis the sum of twenty-five dollars ($25.00) for en- gineer services in connection with laying of sewer system at West Memphis .Community House. Motion was made by J. E. Wise and unanimously adopted to instruct Mayor Hundhausen to gravel a certain portion of Barton St. west of that part which is at present hard surface gravel, and also to gravel a portion of Worthington Avenue such as present necessity might demand. Mayor Hundhausen.brought before the Council the subject of sewer rates and reasonable adjustments that should be made. The Council instructed Mr. Hundhausen to appoint a committee to work this matter out and such commit- tee appointed by Mayor Hundhausen was composed of the following: Doyne Dodd, 0. I. Bollinger, J., W. Aase, Noah Phillips, and City Engineer C. H. e.ond. Mayor Hundhausen presented to the Council a letter under date of December 14 from Mrs. Rose L. Wiggin, Collector of sewer revenues, asking for in- crease of salary. The Council acting upon its best judgment elected to 1"1 transfer the sewer records and collections there-of to the City yngineer's C:0 office, in the rear of the Bank of West Memphis Building, and responsi- In CCI bility for such collections to rest upon and with the City Engineer. The following Ordinance Was then introduced and read the first time. ORDINANCE NO. 63 AN ORDINANCE ENTITLED "AN ORDINANCE REGULATING PARKING ON THE STREhTS CF THE CITY CF WEST MEMPHIS, AND FOR OTHER j LRPOSES." 43E IT OPDAINED BY THE CITY COUNCIL OF THE CITY OF WEST PEMPHIS: inSection 1. That hereafter all trucks, busses, automobiles, motorcycles, or other vehicles of any nature whatsoever, whether horse-drawn or motor propelled, shall be subject to the following traffic regulations within the corporate limits of the City of West Memphis. Section 2. No vehicle described in Section 1 shall hereafter park in front of any place of business in the City of West Memphis for a longer period than thirty minutes at one time. Section 3. That no vehicles described in Section 1 shall be allowed to park at any time in front of any motion picture theatre in the City of West Memphis, and that a sign "No Parking. Order of Fire Department." shall be placed in front of every motion picture in said City of West Memphis. Section 4. It appearing that there is promiscuous parking in front of the business houses in the City of West Memphis, and in front of the theatre in the City of West Memphis, which constitutes a fire hazard, and thereby endangers the public health and safety of the citizenship in West Memphis, an emergency is declared to exist and this Ordinance shall be in force and effect from and after its passa>>e and publication. Passed: January 11, 1938 • •--, Approved: Attest: Motion was made by J. E. Wise that the rules be suspended end the Ordin- ance read the second time. Upon the second reading of said Ordinance, motion was cga n made by J. E. Wise that the rules be suspended, the Or- dinance read the third time and placed on final passage. Wh reup-on the following members voted in the affirmative: it. H. Hundhausen, Noah Phillips, E. J. White, J. y. Wise, and 0. I. Bollinger. The Ordinance was then read the third time and the question being upon its adoption, following members voted in the affirmative; W. H. Hund- hausen, Noah Phillips, E. J. White, J. E. Wise, and 0. I. Bollinger. 1uw Whereup-on said Ordinance was declared sdopted, the recorder was directed to spread same upon the record of Ordinances of said town, to have same puelished as required by law and to number said Ordinance Number 63. Six- ty three. The following Ordinance was then introduced by E. J. White and read the first time. ORDINANCE 'AUMBER 54 :: ORDINANCE ENTITLED "AN ORDINANCE REGULATING UISPLAYS, AWNINGS, CANOPIES, AND FOR OTHER PURPOSES. " • BE IT ORDAINED BY TEE CITY COUNCIL OF THE CITY OF WEST NEMF% I:;: Section 1. That all awnings, canopies, or anyother ures of any g � p , pro�ect nature whatsoever, which are connected to and a part of buildings or struc- tures of any type affected by the set-back rules mentioned in Ordinance Number 57 of the Ordinances of the City of West Memphis, shall be at least twelve feet in height, and shall not extend past the set-back line more than six feet. • Section 2. That all displays, such as fruits, flowers, vegetables, or any other display riot herein specifically mentioned, which are set out • - side of said places of business, for desplay purposes, mu:;t not extend beyond the set-tack lines mentioned and provided for in •Ordinance Num- ber 57. Section 3. That all such displays must be in conformity with the health codes of the State of Arkansas and the City.of West Memphis, and shall be subject to the approval and under the regulation of the City Health Officer. • Section 4. It appearing that there are at present some Misplays of the nature hereinabove referred to that are in violation of the health code of the City of Wet Memphis, thereby endangering the- public health and • safety of the citizenry of the City of West Memphis, an emergency is declared r-- to exist, and this Ordinance shall be in full force and effect from and after its passage and publication. Passed: Approved: • Attest: • • • IV'iotion was made by E. J. White that the rules be suspended and the Ordin- ance read the second time. Upon the second reading of said Ordinance, motion was again made by E. J. White that the rules be suspended, the Or- dinance read the third time and placed on final passage. Whereup-on the following members voted in the affirmative: W. h. Hundhausen, Noah Phil- lips, E. J. White, J. E. Wise, and O. I. Bollinger. The Ordinance was then read the third time and the question being upon its adoption, following members voted in the affirmative: W. E. Hund- hausen, Noah Phillips, E. J. White, J. E. Wise, and 0: I. 12'oliinger. hereup-on said Ordinance was declared adopted, the recorder was directed - • ` to spread same upon the record of Ordinances of said town, to have same published as required by 'law and to number said Ordinance Number 64. Six- ty four. The following Ordinance was then introduced and read the first time. • ORDINANCE 65 AN ORDINANCE TO AMEND ORDINANCE C;. 42 Be it ordained by the Council of the City of West Memphis, Arkansas, in • Regular Session Assembled: • 16 • Amend Section 1: To read as follows; There is hereby created and est- . ablished the office of Engineers of the City of West Memphis, Arkansas. The Engineer shall be appointed bEi-annually at the first regular meeting of the new council . Amend Section 8. Is also hereby repealed. Section 9. Whereas, an emergency exists, it is hereby ordered that this Ordinance shall be in full force and effect from and after its passage. Iassed: Approved; Attest: Motion was made by E. J. White that the rules be suspended and the Ordin- ance read 'he second time. ' Upon the second reading; of said Ordinance, motion was again made by E. J. white that the rules be suspended, the Or- dinance read the third time and placed on final passage. Whereup-on the following members voted in the affirmative: W. F. Hundhausen, Noah Phillips, E. J. White, J. E. Wise, and 0. I. Bollinger. The Ordinance was then read the third time and the question being upon its adoption, following members voted in the affirmative: W. H. Hundhausen, Noah Phillips, E. J. White, J. E. Wise, and 0. I. `'ollinger. <14 Whereup-on said Ordinance was declared adopted, the recorder was directed to spread same upon the record of:Ordinances of said town, to have same published as required by law and to number said Ordinance Number 65. Six- ty-five. There being no further business to come before the meeting same was adjourned. Wm. H. Hundhausen, Mayor Attest: J. O. Spotts Recorder **_********************************** On Tuesday ,her 15th day of Febrwry 1938 the City Council of the City of Wiest Memphis net in the City Engineers Office in the Eank of West Memphis tuil_ ing at 8 o'clock P. M. with the following members present: W. H. Hundhausen, Noah Phillips, J. E. Wise, 0. I. : ollinger, E. J. White, C. H. bond, and J. 0. Spotts. The following were also pre- sent; George nell, Jerry Weisburd, Hub i'lair, Y. U. Eaueann, and air. • Runyon of the Crow Creek Sand Gravel Co. o 1 The following proceedings were had to wit: • It being evident that certain businesses -.nd industries located with- in the corporation limits of the City of Nest Memphis were not sub- " ject to regular occupation license as provided by Ordinance No. 33. • Mayor Hundhausen was instructed to have the City Attorney prepare an amendment to said Ordinance including such places, firms, and cor- rorations as might be classed subject to privilege license. The follow .n" Ordinance was then introduced by E. J. White and read the first time. • ORDINANCE NUN ER 66 AK CRi)IC•ANCE FOR THE REGULATION OF THE ,:'.USINESS OF BUYING U'.G CC'70N T TTl IK THE CITY OF WEST SWELPHIS. E IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEW_NIS,ARK. 164 SECTION G' E: Free' and after the passage of this Ordinance it shall. be unlawful for any person, firm or eorporaticn to solicit, sample or buy cotton upon the streets, sidewalks or alleys of the City of West Memphis, Arkansas SECTION TWO: Any person violating the provisions of this Ordinance shall be deemed guilty of a misdemeanor and punishable by a fine of not more than Ii00.00 or be imprisonment for mot more than thirty (30) days, or by both. SECTION THREE: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed, and this Ordinance shall take effect and be in force from and after its passage. • Passed: February 15, 1938 Approved: Wm. E. Hundhauseh, Mayor , Attest: J. C. S .otts, City Recorder Motion was made by E. J. Whi#e with proper second that the rules be suspended and the Ordinance read the second time. Motion was then made by E. J. White with proper second that the rules be suspended, the Ordinance read the third time and placed on final passae. The question being uron the adoption of said Ordinance,the roll was called and all members present voted in the affirmative. "hereup-on the Mayor decl•:red said Or inance adcpted, instructed the Recorder to spread same upon the record .ef. Ordinances of said town, to have same published as required by law and to number said Ordinance No. 66. • The following resolution was then presented by Engineer C. H. Bond and duly adopted. RESOLUTION A t3E IT RESOLVED BY THE WEST IvEMI-HI. CITY COUNCIL: that the City Engineer —� be instructed to circulate a petition to the property holders of terri- tory here-in below described, asking the County Court to annex said ter- ritory to the City of West Memphis Arkansas, said territory being des- ' cribcd as follows: That fart of the East .half of the West half of Section 12 Township North Range 8 East, lying South of the' North bank of Ten-mile ,ayou. Same sing contiguous to and adjoining Compress Sub-division and Lyndon Addition to 'Vsst Menphie now within the corporate limits. RESOLUTION B E IT RESCLVIJ BY THE BEST MC;'M. hiS CITY COUNCIL: that the City Engineer be instructed to circulate a petition to the prolerty holders of terri- tory here-in below described, asking the County Court to annex said ter- ritory to the City of West Memphis Arkansas, said territory being des • - cribed as follows: Beginning at the Quarter Sectisn corner on the East side of Section 13 Township 6 North 7,?:rge 8 East, thence South along said Section line to, and inters.:::tin.g with the present North : undary of the Rock Island Rail- '. road right-cf-way; Thence Westerly along the North boundary of said right-of-way to the Northwest corner of the Northeast; Quarter of the North- east quarter of Section 24 . :.i• Township and Range. Thence South along the West boundary of said Northeast quarter of the hcrtheast c:uarter of said Section 24 to the present Seuth boundary of the Rock Island Rail- road right-of-way. \ Thence Easterly following the said S .nth boundary of the Rock island right-of-way to the present City Lit boundary, os recorded in the Circuit Clerks Office of Crittenden County. Thence North along said City Li:'it boundary to, and intersecting with the North boundary of the South:,est quarter of Section 18 Township 6 North Range East. Thence West along the North Boundary of said quarter e action to point; of beginning. 165 Mayor. Hundhausen was instructed to demand settlement and proper account- ing of sewer collections from Mrs. Rose L. Wiggins and to secure all books and records complete to date. Mayor Hundhausen was instructed to have certain water pipes being laid on th St. inspected relative to sanitary conditions. Former City Enjgineer M. C• Baumann then presented a claim to the City in the amount of/4,6/.$3 representing balance due him for services while serving as City Engineer, he having retained all fees ecllected for such items as fees were due during his administration as amity Engineer. The } Council not being in position to make settlement 'on said claim, same was deferred for further discussion at the next date of meeting. • 2r. Runyon of Crow Creek San:; and Gravel Co. .->xplained in detail to the Council different types of paving and Street. construction relative to proposed paving project for said city. Further discussion was deferred until next meetir_s . There being no further business to come before the Council same was ad- journed. . , . > •t *************-* ::_;*:*: ***** �C1 ;:i;;UTES On Tue :day the 8th day of March 1938 :e City Couneii of the City of West Memphis, Arkansas met in the Engineer's Office, bank of West Memphis b ild- ir_g, at 8 o'clock P. i:',. with the following members present: W. .H. Hund- hausen, Noah Phillips, J. E. Wise, C. I. Bollinger, E. J. White, Doyne Dodd, C. H. Brom, H. Bond, and J. G. `potty. Dr.' :-3. ', . Stevenson, .Ceu:Lty Health Officer, was also present. The following proceedings were had to wit: T'.0 following resolution wee introduced by E. J. White who also moved its adoption. iE OLUTl. i' A ,,:._. nA ; A special session of the General Assembly of the State of Ark- ansas has been called by Governor Cori E. Bailey and W;?EREA.:, The City of West Memphis is in sore need of additional reve- nue with which to make improvements on its streets and WEi3R;A.., A certain bill is being prepared and sponsored by the Ark- ansas Municipal League which will provide a ;; cent per gallon turn-back on the State Gasoline Tax revenue to the municipalities of the State; .-OW THEREFORE . __ IT RESOLVED BY E CITY . EC fI C i TILE O iIY OF WEST : :a"_II .. .. . , l.S that this body go on record as endorsing said bill, urging in every way its passeee, and that a copy of this Resolution be sent to Hon. E. C. Gathings and Hon. J. O. E. Beck, Jr., Senator and Represen- tative respectively for Crittenden County, Ar': nsas. • PA Et;: 3-8-38 i T.E+ T: J. O. Spotts Upon (;all of the roll, all members present voted in favor of adoption of said resolution. The following resolution was then introdc ed :.y E. C• bite, who also moved its adoption. lbb RES IT RE 2L Eu :'Y COU; CITY CF'. WELT r._ SCTIC"? That no moneys shal.l be paid out of the City Treasury for any pure: ,e v:h:.tccover unless a rcu '_uti-on shall have first been duly passed authorizing the payment cf came, which resolution shall recite the name of the person to I.e paid;, the amount to be paid in dollars and cents and the purpose of su payssnt. Ci;CTiCr. 2: Thot all off'_.eers of 'tbe City whose duty it is to collect any moneys due the City -all report monthly to the ?daycr setti.4 cot in detail the amounts collected, from whun and or. h .t account, and all ,uch officers shall ' S all ,coneys eolletod over tc he City Treasurer vi: ;i; in the month collected. It shall he the dot,' of the Yb yor to present at each regular monthly meeting for the cons_.Jer'.:tics of` the Ccon ,it al l accounts filed with y the col l ec tin:- offi;;'-r. of '`.he City. The. City Treasurer at each monthly meoting shall pro cent a stntonoat sl7owino in detail the ar::canto Paid over to him, by whom and on 1' r:t-, the ':C". `mounts paid out by him g,iving the numuor and doe of - , • a- on: when paid, and the balance rem` ing in handso that '.ate. :' 'CTIGN : Any officer of the City aut'.aorized to oc , •t any the City who s'ool-1 fail to file nro:_ :.:';, accounts aria pay over .:c:.ch moneys as herein required may be forthwith removed from offic.. and Lis su ccessor apicinted by he Council. E. J. White :.'amber of Council Upon call of the roll all iv'rr.Lers rr_._ -nt voted in favor of ' e.dol tin of said resolution. The following; resolution was Men introduceby Noah Philli 's, w 'o al:;e moved its adoption. U BE IT I?r:~, i V .,L. _-IT•. t;:;- °1,..,F- C'r' _ -E CIT. Ci SEi .' SECTION 1. That laying of new ,'rater r- ,ins, or replacing or repadrin g old water mains within the City of West I emphis, shall be subje s to the following re •ulations: That all water mains shall be of nev- material and of standard grade Pass- ing ASTV specifications, except that used or second-hande<: p east irc;r. },ii. , may-be used in constructing water mains, provided said ri_re ha: been L thorouE sly cleaned, rust removed from inside of pipe, and has been sub- jected to a chlorination treatment, in compliance with the requirements of the'State Board of Health. CECTIC:s 2. The. City Engineer Crall .be notified when anynew 2 water r ns 1 .� V,a�i, are being laid ! nd ha shall be given an op artunity to io poet s Le- fore pipe is covered. If said water mains comply with Lhe above. og ' merts City Engineer .will issue an approvod inspectioninspeotion cortificate. water main shall be covered ut or yl.ao- d in service until afar an ap- proved certificate has been issued. O„ :At ' SECTION 3. . E :, �'. VC'LA _1.: Any violatiar. of this Ordinance shall he deemed a misdeamor and punishALlu by a. fine of not less than oar- hundred dollars and in addition any or all of said i-ipe shall. be re- moved by the party install ins, sage. a: his own ex;e: se. - Wl :_?EOS, Certain Public U':i-1:ties are now la;;ink• and will no doubt con- tinue to lay second !;and pipe upon which rust has accu ula red, an the usage of which un. oubtudlly oonst:itntes a menace to the ,:alth and safety of the City of i':,at .?der. his an cmJrnnncy is here: declared�'` p , to exist, and this Ordinance shall to in full force and effect from and after its passage and publication. "A :: 3-6-1P38 ATTKT: J. t ;s .. 161 • rkA_rx, Upon call of the roll all members present voted in favor of adoption of said resolution. The following resolutioe we then introduced by J. E. Wise, who also mo • - ved its edoption. T SCLCTIC WHERE_: C. !. =or.d has made or caused to be made, extensive preparations (-7 for the creation; for a i.ro osed Ir.a;roveir:en'. District within the corporate lleits of the City of West P:`en:i:hic, -_rkansas, said proposed Improvement t District being created for the eurec::o of constructing bide-walks, streets, end a drainage syste.. , and ',','il ,Er.;,', the said C. h. Bond has nut been officially employed as Engineer for said proposed Improvement Cictri. t; now therefore ' BE IT RESC1VCD BY HE CiTY CCU: CIL GF ThE CITY Ci' WECT Ir: I,:I:iiI A1.ANSAS that nit Engineer C. H. Bond be officially appointed Engineer for the proposed improvement district hereinabove named, and thy.t the following contract be made and entered into with him. C.C) kfD The said Dngineer C. b. Bond shall do all engineering work, prepare all plans and specifications, make e: timntes of costs of proposed im! rove- rrents, set stakes and furnish grader for construction where reeuired, an8 supervise and inspect al.l coo: traction. He shall bear the coat of ' all draftin,-, blue erinting and preperinr: of said plans and specifications. As remuneration for his scrviees in the -...eve he shall be ; ".i:. a com-:i::sion of 6 per cent of total costs of construe` on of all work done in connec- tion with said iaprovemcnt district, same to be paid from the fun'_s of • said improvement district. • It is further agreed that the City of West Memphis, will and does hereby 1-7 . guarantee thrit in event said improvement district is not formed and im- provements above mentioned made, to reim:.'urse said C. F. Bond for such actual ex_.encss he may have incurred in ..he preperaticn of'aid plans and specification, ant to exceed 4,100. PAS: 1L: 3-e-1936 iAYC 11.� . 1 .�Ei: C. C. Spotts on call of roll all mom. ::r. orebent cted ie 'favor of adoption of said resolutic: . The following res lution was then introduced ey C. I. dollinner, who moved its Le'cption. RESCL'u`i'ICY: E WHEREAS, the ;ritteiiden Amusemeo Coirpai:y having eonstru.sted the theater in the City of West 1'em.phis, on whic there is assessed an annual occupa- tion license of 0_00 Ler•year for the operation of said theater and WHEREAS, said Crittenden Theater is not operating en a profitable basis due to different causes among which the above occupation license seems • to be excessive. Now therefor.- I3 't ROF �T F _ .. I'' '�::C;LUED i�Y "i'i � CITY COUNCIL C�' THE CITY �•r WEST I..E .1 FI:>,AR'. IvliS TH^.T THE privilege license cn the said Crittenden Theater is hereby re- duced from $100 per year to $25 per year and the Cite Recorder is here- by authorized to issue license to said Crittenden Treater upon payment of. said w25 to the City Treasury. 'FAS.:ED: 3-5-l938 yYCR h p•j l�iis�!�. C. L. 'Ott$ • • Sc, on call of the roll all mee±o e preeeeL votd in favor of adoption of .•aid roscluticn. ,^'pi aint was r• cciv i . rol: R. .:• Harris, owner of Harris Service ,ati:r:, :.ith reference to parking ccnditiono in and around said eorvice :Cation end Wect: Memphis _ loral Company b,,Ileieg. ACtioii v' he laity uoo' oil i._is deferred until such time a it;. eti a;;i.en of above mentionod con- ditions San be mac by members of thc, GiL:: Coonei.l and their advice ra- ived in this rest et. ` proposal was received by the Council trough :,:a;CI' nundhausen, from George T. Kendall, with reference to advancing 6100 linear feet of gra- vel on lath 20th, and 2ls i tre. i nd Tyler Avenues or the approximate sum of t?3,660. The rc.rooal :va;, . utlined to a'"Or ,.,, undr,au.,el, • it a letter dated Larch 8, 1938 si;pled by George .. Kendall , -:a:, re- jected by the Council. There bairn; no furthsr business, to come before the doun ii u'"'; '.as ad- journed to meet again at the same hour and place on Tuesday the ] th day of March 1938. 14 m. ii. iiundhausen, :vayor Attest; J. C. Npo,ts Recorder . On Thursday ..he I tdi ay of A 'I'i1. ]tom 8 the CCit:i C ee .;il ... C_ :y :,:emr.his met in a srecial session, cal led ;; 'I, _ :."a or ll. . . err. • ink: had due no;,iee regeire l ],.,. L l oil cw .r. '�, sett. :: �� i FrC W. H. i:undhaus`.`., i'a:jor; J. O. b o 7., .=<t;c':rder; J. E. Wise, Treasery i Doync Dodd, City Attorney; L`I'(. . .:, ♦` • i'Gr:: C7i, cl• . eter':, 0. I. Bollinger, ideate I';il].ips, =la k. I. 0:.or -.l d.rocr.. .;he - allow- • ing precoodinF.3 were had to wit: Uotion was made l i C. I. nolliI: cr 1.; . cc o.d ey _L• eeere the City Recorder be authoiah ed to licenoo Tleeeto r_ _l tv Auto License Stickers C'.revion.cly issE,.uu for .:':e year 1230, tic: City f West irew 1,,,r1j-t, 1;• 1.:Lv:,II( .. t., _ .. ee 'C; in i .ee ^.:.;: 'C?r': ..., the 1937 pla Le , li ia:-" white wit!, 1 l a t. ?, t r: J • "�.E' _ .e :re. I t lse as t;horiz „c i:cve _ .:.r: d 12 ,. i:;1;,]. ' i:, ,... of the C-U.;3 . Privilege License C_" .• i'• �lOv 1; ..a 1 ': _ in eele.,c0'. ,, i1c_ candies, was i;raut';`'l, . 'fore '.:'._... ::h;._ :l _:area.' Mr. Ro;:tcn 1'": . 1:. rerticular lie ' e .t •r ! .t-:.. Occupation and Teddlere Line. ::... ,.,. ceee.J_l. i r. Rewten J , .. . e e, J i .... Treat of an Ooce . ieni Lice.: e offif.LV fief 'ar: (*; Y)J Yr •LLB • The following bills a:•::fC `hca, :resented . y :c ,, to prepare �'iar r a.,is in ear .. t, Trill Carter c;37..50 Eddie Johnsen-------- 37 . 0 A. C. Rorrinos - -• .�J • West P:phs Power & Water Cc.---- i C.17 Cop-runity house, :; ici%r Fill �.• v Memphis Newspeeer Club S. C. Toof ; c. 1.1u Orgill ._.ros Co. - 20.4 rabick Tractor Cc.J. A. Riggs Tractor Co. Dan Shea oi, r ',corks - 12 „0 Memphis Welding ing; Co. Johnson Auto Cu. 'West ';'eIi,r:ll:; Fire i.cpt. __ .-_..._ le.G. Wallin-Dick( "ieh Ller. VC..-----_._._- �?<: A. R. Taylor '• 41I.C4 Yeah Ci •J'iil.]..ice s--- 3.75 Deem ::odd -• -. Mo:.ic� was made by C. I. 6o11inger r .l r1> second and unanamously ad .p;.ed, to authorize the Reccrdor to iL!-:ue warrants in the amount of VlilC.00 and 45OO.CO 1.4.;.uble to Joi..no,:il ;:utc Co. Thef = ' duly second and passed.'c.1l.o;vir.�; resc�ution was then .i.i. rcuii.c. a, .,.._a`....', City Cc:;ne:t.l at its r:,•;uir r meetin on Tuesday uesday March 8, 1038, ;.ii[.. a r• .scl. icn yrchiuitin • �Uhc a: : out Of any .:onsys by Lilo City fr'easurar until ._l-C_. had un al:iray., l at. a meeting"� of :.he City Courio_J. (-7 i W22 .,.... t e:re:' ,:i- trelative _;,.i, this t is of £: <,i 'v Ii age, LG payment of men-1_'.l;y s>. l ar ie;, and utilities tills, which are due on the first of each ..o?:t':, t .2reforc . AL IT '? ::::. ,J.;D 1...y t e Cit;, Council of tic City of West P,'omphis, Arkansas that the C ty Recorder Le authorized to draw warrants and the Treasurer . h�herebyaut''.Crized is r' sane ccvorir: , all aonthly salaries of Cit y .. Fn ' and all utilities 1:il_ ._ r.r:derod on the first of each month. T"-I hi:, r.ccl.,"isa i:o become in effec. . and. be ..nforced from and after its C. acoa . In d Iffr .. H. Hundhausen Q' - 7,AT", 1;i:rl.l 7, 19•1,8 i;AYOR mom-2(+T _ rCT S 444‘ City ?.:::order • . • There ..em.n no further basinets to come before the Council, same was adjourned. ' . '_'.. x undhausen, 'Mayor r-i Attest: J. ;rotts City heccrder ***.***“A ** *,'** k1.4 1. *4--r*A •4 4 4,**-'-•* ;.. 1 j „fuS >c � On ueada;y the 12th day Al:;rL1, 1� 5 L:...': °City Council. of the City of �' M. r 't ' so on '. 3 of West '�"emphis build .: "� _._,.:'rr ,1� .•t li. regular 551. ,, In l.: IJar_,� a., .. int, 8 e'cloak T. .•• , with the fol lc:'�rirL • members t.r'_.cont: W. t . hunahausen, 7-resident; u. O. SL:otts, 1,e•`corder; Doyne Dodd, City A.t- toracy; . . 11;. .,.,_. :C„; C. I. 3clllrZ ar; I. L. Owens; if,Ck 3reece; it. .,. Ebert; '_'..carp Ph:ilii1 S; Alder...en. C. i . Bond, City Engin ec:r was also i.ras,.nt. T'hf: folle int; 1.roceedi <<s were hau to wit: The folle ;ir_ , Ordinance aas then int;rodaced by 0. I. bollinger and' read ..he first ime. /. '-.. A'. 7a_i11'?2,21',GE TC LIJC C t 1'ELDL:RC .,_'i'::1 , : }'; �`i'Y OF EST YEI:)•''_iIS, ARK'ATN . SAC: TO ;:r2F11, P2DDL':P.: ANL. 'F.: 0 J...._ .7vIEE7. 7T :C Y ITS VIOLATION. flE IT .:._.':CT::;D B: 111E: CIT." CCUNC1L CI: CITY Or WEST ilEMF IS, ARKANSAS. SECTiCli 1. ih:r•ea ter it shall be unlawful for and; person, firn or car pera'ticn to enga6e in addl1: in City of West Memphis, Arkansas,:(; 1 , Aran aS, v:ithcut first" 1,rvine obtained a lic::.,...- 92 providedi;creir. ti��v^IC::v 2. ..icfc"e any ra,rson, fir;:: o^ corporation s1'.L.;'ll. engage in pod- :'l i.' wI t:hi:: .:hc City of ;^,;,st '...emp'-is, Arkansas, i h e,y- shall ray into .rhe" ' City Treasury the s ..m o- -twerC.y-fi"Vo ( ;23.'C0) dollars, for which 811111' a. license will he Issued Ly the City 'clerk., authorizing the person, firm or cer ,or• ta.c:' ,a ins- m _.ca 1i:; . se f•-�u Co �•ngeye ih 7eddlin:', in the .: City of Test Memphis, Arkansas, for e t.eriod of one year. provided, all licenses i::cucd hereunder shall exliro cii :;he first day o.f Novem 1:•er foll owiw7. t1:� .1;1 t.e of io:'uo. t '. „k y: !fit S -Y rx- pi 5�X >Yt b��.l a,. ' 2 ��4 " r..i r4; V 1- ',-^hv 41,-1:',n,;(1 as on:., wi!ci :C'7, from license as heroin upon conviction shall a twe,-.1 : - lv dollars, nor more than :LH crdinarces ard parto of crd :nar_c .1; - r are hereby repealed in n)12. fore ( fron, and after ifs : • • /-1?-7S Jity by Noah Phillips thr...c Ule rubs ^rce road the second time. Trotion was ',hen radP 'er .'ort that the rules - c,Inrendcd , the Ordiqanee time and placc;,1 on final pa. . Upon call of roll a i.i r:27C .3 . re- sent voted in the afrnative. The Ordinance whs then road the tine the cu,-2stior vr,7,,r1 Idf.-r.Lir, rnll 1,ro . -, Whereby the 7 adetf, , 2 . eccrrl'er to 'r-n bv.rof • • above named ' -r 'irras -ni ad ar annual r-aticn tax shall be iovi.ei acain' t name of the trade, busirp. , Fro-re. in menitione' , Coal Dealer:: (-sr. Builcinr and Loar. Burial Funor I :orr: RtirE! -- Z.00. 2! .CC _ . _ • --- 1 cot: Thrdc" -- . 2. 7ha4. the above ra7(.d lA c!-a21 be ir.ce.2. ai . 1" S t1 on 1. Onainanue n,;.mbr5r 33 of erdinal.ce.: et' 70-.7 I ' Scot:= ef in Cr2 need ci w17.1". . • 171 be t.10 4-12 ç.. OrTY Yotlen was ma.le b ". 2. Denson thqt Ithe sunrer . OrCilnan.;e read the seond tine. 7 C. 1. Bollin--!er that the rules be susrend.)C , Urdinan.:e read •.:1-1- tirJ ond rler-ed on final passaEe. 'upon cal' -" r11 all mombe prcocrt vsted In t1.- The Crdinan:e was ' hcn road third tire and the quest' its -,.2c7tion, h.-: roll call and . he followinc, voted in 7c.tivo: R. 0. L. 7:(.o.h Phillips, F. E. Dens:T, . rycce, and I. 1 . (...:ens, nayor W. N. Huhe.urer Ordirar_ce. uly adcpted, C.C) :rder to crr:q-,7, he r,...: 'ord ot f'rdinan.;es of ,:aid to=, istlo 1:: • "(-. , -: • O'inns, nd 'en: he rirrt T I . ' C7 1. 7h.,,t the followin:, ?°.;71-. , ?hall bey.Illod section D (-4' -12.- - f be between Coo- n 7 ,rb-r r :, -rd that said " -n nor',:n to 'Zen efht co--.1..or of rrvorr nt on both ' 2-)1. . to be erected "!IC.; .col..:er of ho raver—nt, on Aro 7", the 1:i I nvce 1 10to en-' lie j , 1),J; . „r:,*.,• . , 4 , no cano-...,. or e7 - he nu the -oint." Hundhausen ".-12 J. O. Spots T-,Focn Yutl-n was rnde by R. C. lirec?.e thu. thc rules be sur,..-endd, and the Ordinance r-ad :he F:ee,-.:nd time. !'et.:,_en was then made by Alderman Leah Phillips that the rules be sus;endc;d, tire Ordinanc:e read the third tine and pieced on . inal passae. roll all nembcrs -rresent voted :n the qffirrntive. The. Crdioanue 4her re.5(1 rod the ouetion beinr, upon Its ado".ion, the rd 2. as called ? -11. vo' e: in the affirr'ative: -1.„„t C. - 0”1, -, 112. 3 .1 • D• qreece T. I. Owens, and Favor drerobrie Tayor :leelarea said er,'L.ar :e del' adormd, roouested the rr. r-r.n 011 4-},e record of OH of se.id to-Arc, to Ve 1-;1:11:71::31 low, `_..11,-1 1.10n1.o 1.1 Ord.inan -e 17'4 Upon motion L Alderman a. c,nd jr con , c. ecc.rdcr authorized to irw e.,..rrant in e, a.:;:ount of t :ay-.11-:. to hc Insurance Agency, and warrant in 1-he --lour', of :.1,„ Crawford Insurance 3onpany innuranee Yer-24I7 community House. Th,1 -xecorder rice inr;tructed the amount CC payablc to 1abic:1 Trn.ct:.r rent luo on racler. Motion was made 1:y Alderman R. !!;11:Ln .r elected as City nnine':r for a I.-ericd 2 call of 1—.21 all members preoent ',:cted in the affIroal-,Ive, .L:o immediately inter upcn the dut.ico cf The follcwini: 1 Z.. WUEREAS; the office of '.1ao ocen cqs41.,- an c../..Tee in the colir.;cti of . over ws..11 - of duo e'llar -,r3 s .her it is desire of t', f ,hat -no sai...1 Cjo Enr,inel!ro Offld 1.,ma also ti-rt ! rouiar TH.7.2R7iC`737,, c it ronoly' ; '2 rIcl:Ic rorr!:;n-, on cud ir 'ho lo llflOwit], cffi : of ',7,;Z0.00 -for cc..1'.: Mc a: alit rnd , ." DepartLlent, of7uLlie Werkc ro,-; renzaticu, on ...1.; 7. 2t1. slay c..2 HunThas-r.... Ul•oll. .cal7 of •! roll a] ]. 7 I.. r0301,t:Icr. - o for — 7:o ' •',„ . : or '. ‘r• . "o ' : , . • • 1 1' e MINUTES On Tuesday the 10th day of May, 1938, the City Council met in the directors room of the Bank of West Memphis building at 8 o'clock P.M., with the following mem- bers presents Wm. H. Hundhousen, Mayor; 0. I. Bollinger; R. C. Breece; and R. D. Eberdt. It being apparent that no business was ready to bring before the Council, same was adjourned to met again at the same hour and place on Tuesday the 17th day of May 1938. . H. Hundhousen MAYOR J. 0. SPOTTS, City Recorder ***************************************** MINUTES Pursuant to last adjournment, the City Council of the City of West Memphis met 1'-1 ' in the director's room of the Bank of West Memphis building at 8 o'clock P.M., 5-17-38, with the following members present: Wm. H. Hundhousen, Mayor; 0. I. Bollinger; R. D. Eberdt; F. E. Denson; Aldermen; J. '. Wise; C. H. Bond; Doyne Dodd; and ,,-t J. 0. Spotts, City Recorder. The following proceedings were had to wit: The following Ordinance was introduced cry R. J. Eberdt and read the first time ORDINANCE NO. 70 AN ORDINANCE REGULATING THE EXERCISING OF DOGS WITHIN THE CORPORATE LIiITS OF THE CITY OF WEST MEMPHIS. i '' BE IT ORDAINED BY THE CITY COUP?CIL OF THE CITY OF WEST i,+EMPHIS, ARKANSAS. Section 1. Hereafter it shall be unlawful for any person or persons to exercise or cause to be exercised, any greyhounds or racing dogs, on the streets, road, alleys, paths, highways, or anywhere else not herein specifically mentioned, wit-in the corporate limits of the City of West Memphis. Section 2. Anyone violating the provisions of the foregoing section shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not exceeding ten dollars, ($10.00). Section 3. WHEREAS the present practice of exercising dogs has resulted in an unsanitary condition within the corporate limits of the City of West Memphis, and the public health, peace, and safety is thereby endangered, an emergency is hereby declared to exist, and this Ordinance shall be in full force and effect from and after its passage. WM. H. Hundhousen MAYOR PASSED: 5-17-38 ATTEST: J. 0. SPotts City Reoorder Motion was then made by 0. I. Bollinger that the rules be suspended and the Or- dinance read the second time. Motion was then made by F. E. Denson that the rules be suspended the Ordinance read the third time and placed on final passage. The question being upon the adoption of said Ordinance, the roll was called and the following voted in the affirmative: Wm. H. Hundhousen, R. D. Eberdt, 0. I. Bollinger, and F. E. Denson. Whereby the Mayor declared said Ordinance duly adopted and the recorder wms re- quested to spread same upon the record of Ordinances of said town, to have same published as required by law, and to number said Ordinance 114.70, seventy. The following Ordinance was then introduced by F. E. Denson and read the first time. 174 ORDINANCE NO. 71 AN ORDINANCE TO REGULATE THE LOCATION AND USE OF BUILDINGS WITHIN THE CITY OF WEST MEMPHIS, ARKANSAS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WEST MEMPHIS, IN REGULAR SESSION ASSEMBLED. Section 1. FIRE LIMITS: The following shall be and are hereby declared to be the fire limits. The boundaries of the commercial zone as set forth on a mas • - ter street map of the City of West Memphis, said map being filed and recorded in the Office of the Circuit Clerk of Crittenden County Arkansas, shall be identical with the boundaries of the fire zone. That no building can be con- structed within the fire zone hat does not comply with the requirements set forth hero-in-after. Section 2. PERMIT REQUIRED, r:AIN BUILDINGS: No wall, structure, building, parts of building, or appurtenance and equipment thereto, shall hereafter be built, enlarged, or altered until plan of the proposed work, together with a statement of materials to be used shall have been submitted to the City Engineer or other designated official who shall in accordance with the provision herein contained issue a permit for the proposed construction. Structures hereafter erected without a permit or in conformity with this Ordinance shall be removed. No building shall be moved until permit has been obtained rom the City Engineer or other desigrated official and such official shall not issue such permit, if, in his judgment the proposed new location of the building would seriously in- crease the fire hazard of the surrounding buildings. Section 3. INCOMBUSTIBLE WALLS, CORNICES, AND ROOFS. Every building hereafter erected or enlarged within the fire limits shall be enclosed on all sides with walls constructed wholly of stone, brick, hallow building tile, concrete, or other equivalent incombustible material having a fire resisting property of a 13 inch brick wall, and shall have the roof including dormer windows, and cornices covered with incombustible material. Any wall, if not a supporting wall may be not less than inches. The building may have wood floors and wood supports for roof. Section 4. AUXILIARY EUILDIN( S: Ware rooms or storage buildings, having a floor area not exceeding 500 square feet, located on the rear of lots and used in connection with main building that is located on front of lot, when such main building complies with the requirements of section 3 of this Ordinance, may be constructed wholly of sheet metal with metal framing or may be of brick, concrete, or hollow building tile, having walls of not less than 8 inches in thickness. If sheet metal is used, floors and entire roof shall be of incom- bustible material. If constructed of brick, concrete, or hollow building tile, it may have wood floors and wood supports for roof, but roof shall be covered with incombustible material. Extension to main building when added as a lean-to and having a floor area of not exceeding 500 square feet may be classified as an auxiliary building with- in the meaning of this ordinance. This ordinance is in no event to be construed as to permit a building to be con- structed on Lhe front of a lot as a main building on said property, except as provided above for construction of main building. Section 5. PERMISSIBLE WOODEN STRUCTURES :";ITHIN FIRE LI `ITS: No frame or wooden structure shall hereafter be built within the fire limits as given here- in, or as they may be hereafter established, except the following: and all • roofs placed upon such buildings or structures shall have an incombustible covering, and shall not be less than 30 feet of the :rain building. (a) Temporary one-story buildings for use of builders. (b) One-story sheds not over 15 feet high, open on the long side with sides covered with incombustible material, and with an area not to exceed 750 square feet. A wooden fence shall not be used to from the back or side of such sheds. (c) Wooden fences not over 8 feet high. r 1` j (d) Piazzas or balconies not exceeding 10 fe. t in width, not extending more than 3 feet above i.he second-story fl:;or beams. No such structure shall extend beyond the lot line, or be joined to any similar structure of another building. (e) Bay windows when covered with incombustible material. (f) Small outhouses not exceeding 150 square feat in area and 8 feet in height. (g) Grain Elevators, coal pockets, or ice houses, as usually constructed. No frame building shall be moved from without to within the fire limits. (h) WIRING. In any building within the fire limits shuch as cleaning es- tablishments, garages, etc., where inflammable liquids, or gases are used or stored, the wiring shall be incased in rigid metal conduit. All other buildings, if wired, may use a 3 wire ground romax system and all outlets, switches, and junctions shall be incased in metal boxes, except at points where wiring is ex- posed to wear, in which case it shall be incased in metal conduit. Section 6. REPAIRING FRAME BUILDINGS WITHIN FIRE LIMITS: Any existing frame building within the fire limits, which may hereafter be damaged by fire, decay, i1'J or otherwise to an amount greater than one half of it's present value, exclu- sive of the foundation, shall not be repaired or rebuilt, but shall be removed. Section 7. PENALTY FOR vIOLATIONS: tin;• and all persons who shall violate any of the provisions of this Ordinance or fail to comply therewith or who shall violate or fail to comply with any order or regulation made thereunder, or who shall build in violation of any detailed statement of specifications of plans submitted and approved thereunder, or any certificate or permit issued there- under, shall severally for each and every such violation and non-compliance res- pectively, forfeith and pay a penalty in the sum of $25.00. The imposition of one penalty for any violation of this ordinance shall not excuse the violation or permit it_ to continue; and all such persons shall be required to correct or remedy such violations or defects within a reasonable time; and when not other- wise specified, each ten days the prohibited conditions are maintained shall constitute a separate offense. Section 8. All Ordinances and parts of Ordinances in conflict herewith expeci- ally Ordinance No. 12 and Ordinance No. 49 are hereby repealed. Section 9. It appearing that there is immediate need for more definite reula- tion of construction to prevent fire hazard to protect the citizenry of West Mem- phis, an emergency is declared to exist and this Ordinance shall be in full force and effect from and after its passar'e and publication. Wm. H. Hundhousen 'MAYOR APPROVED 5-17-38 ATTEST: J. 0. Spotts City Recorder Motion was then made by 0. I. Bollinger that the rules be suspended and the Or- dinance read the second time. Motion was then made by R. D. Eberdt that the rules be suspended the Ordinance read the third time cnd placed on final passage. -m-- The question being upon the adoption of said Ordinance, the roll was called and the following voted in the affirmative: W. H. Hundhousen, R. D. E:erdth, 0. I. Bollinger, and F. E. Denson. Whereby the Mayor declared said Ordinance duly adopted and the Recorder was re- quested to spread same upon the record of Ordinances of said town, to have same published as required by law, and to number said Ordinance No. 71. Seventy-one. The following Ordinance was then introduced by 0. I. Bollinger and read the first time. l riT 6 ORDINANCE NO. 72 AN ORDINANCE TO AMEND PART 2 OF SECTION 1 OF ORDINANCE NO. 69 BE IT ORDAINED RY THE COUNCIL OF THE CITY OF WEST MEMPHIS, That part 2 of Or- dinance No. 69 be amended to read as follows: "That the set-back line on Missouri Avenue from Broadway North to Ten-Mile Bayou shall be 70 feet from the center of the pavement on both sides of the street. No gasoline pumps shall be permitted to be erected at a point closer that 40 feet from the center of pavement on either side of Highway 70 from the East corporate limits to the West corporate limits and on Missouri Avenue from Broadway North to Ten-Mile Bayou, and that no canopy or other structure, except the pump itself be permitted at the point." Wm. H. Hundhousen MAYOR PASSED: 5-7-38 ATTEST: J. 0. Spotts City Recorder Motion was then made by F. E. Denson that the rules be suspended and the Or- dinance read the second time. Motion was then made by R. D. Eberdt that the rules be suspended the Ordinance read the third time and placed on final passage. The question being upon the adoption of said Orinance, the roll was called and the following voted in the affirmative: Wm. H. Hundhousen, R. D. Eberdt, 0. I. Bollinger, and F. E. Denson. Whereby the Mayor declared said Ordinance duly adopted and the Recorder was re- quested to spread same upon the record of Ordinances of said town, to have same published as required by law, and to number said Ordinance No. 72. seventy-two. The following Resolution was then offered and unanimously adopted. i RESOLUTION WHEREAS, The City of West Memrhis, Arkansas in the operation of the Sewer Sys- tem has been paying the expense of said operation out of the City General Funds. WHEREAS, It being apparent, after some 12 months operation, that the revenues derived therefrom and in amounts ample and sufficient to pay all interest pay- ments and bond payments as they mature, and to defray all the expense of said system operation. THEREFORE; Ee it resolved by the City Council that a regular monthly sum of $280.00 be set aside in reserve for Bond and Interest payments of said sewer system, the balance if any, of said revenue to be used in maintenance, expense ofoperation, and construction costs. Wm. H. Hundhausen MAYOR ATTEST: J. C. Spotts City Recorder Mayor Hundhausen appointed as a Committee 0. I. Bollinger, Noah Phillips, i{ g � P s R. D. Eberdt, and C. H. Bond to make necessary adjustment and settlements with former City Engineer, M. C. Baumann, on outstanding accounts and fees collected and to rake report of such adjustments at the next meeting of said Council. The question of the ineffioietuy of the present Fire Chief was brought before the Council and with proper motion duly second and adopted, it w' s unanimously • voted to discharge Chief Charles Lester, and Odis Ball was thereby nominated and unanimously elected as his successor to the position of Chief of West Mem- phis Volumteer Fire Department, until such time as he might be removed from office by vote of the City Council, The Recorder was requested to advise Mr. Lester and Mr. Ball by letter of the above action. 177 The following bills were then presented for payment, payment approved by the Council, and the _Recorder authorized to draw warrants, and the Treasurer au- thorized to pay same in the following amounts: Eddie Johnson Grader t37.50 Will Carter Tractor 37.50 Bob Tucker Laborer 12.37 Jim Collier Laborer 10.42 S. C. Toof & Co. 2.58 Crittenden County Times 17.75 City Firemen Compensation due (3 fires) 60.00 J. A. Riggs Tractor Co. 12.04 Reynolds & Reynolds 75.00 National Funeral Home 4.75 W. J. Cooley & Co. 51.05 Johnson Auto Co. 77.01 Wallin Dickey & Rich Lumber Company - 10.196.12 Modern Mercantile Company West Memphis Concrete Frod.Company 90.30 West Memphis News 13.00 C. C. Culp Expense Account 95.86 A. R. Romines 15.00 Fabick Tractor Company 251.34 Charles Lester 16.00 Aldermen's meeting 15.00 The City Recorder was authorized to draw warrant in the amount of $1224.31, said amount teilg the amount of City General funds used to defray operating expenses of the sewer system during the period of time in which revenue funds derived from the use of said system were not sufficient to defray said expenses. Said warrant to be drawn against the Sewer revenue account and deposited back to the City General Account. There being no further business to come before the Council, same was adjourned. *********************************** L INUTES On Tuesday the 14th day of June, 1938, the City Council of the City of West Memphis met in regular session in the City Engineer's Office at 8 o'clock P.M., with the following members present: WI . H. Hundhausen, J. 0. Spotts, I. L. Owens, R. D. Eberdt, F. E. Denson, and 0. I. Bollinger. The following proceedings were had to wit: Resolution was introduced and unanimously adopted, authorizing ,:he authorities of the Sewer Department to negotiate for an exchange of motors to be used in the operation of said sewer system. • Mayor Hundhausen appointed the following improvement Committee to make investi- gation and confer with members of the Council, relative to said improvements for the City of ;rest Memphis. The Committee as follows: J.C. Johnson, Jack Rich, and Geor=-e T. Kendall. There being no further business to come before the Council, same was adjourned. WM. H. HUNDHAUSEN, MAYOR Attest, J. C. Spotts **********************:******************* MINUTES On Tuesday the 12th day of July, 1938, -he City Council of the City of West Memphis met in regular session in the Engineer's Office at 8 o'clock P.M., with the following members present: WE. H. HUN HAUSEN, J. 0. Spotts, R. D. Eberdt, 0. I. Bollinger, F. E. Denson and R. C. Broece. It being apparent that certain data and information relative to City improve- ments had not been compiled, it was therefore necessary to adjourn, which motion was intertained and duly passed to meet again at the same hour and place on Tuesday the 14th day of July 1938. WY. H. HUNDHAUSEN ATTEST: J. 0. SPOTTS MAYOR MINUTES Pursuant to last adjournment the City Council of the City of West Memphis met in an adjourned session in the City Engineer's Office at 8 o'clock P.M.7-14-38, with the following members present: WM. H. Hundhauser, J. 0. Spotts, O.I. Bollinger, R.D. Eberdt, F.E. Denson, Doyne Dodd, and R.C. Greece. The following proceedings were had to wit: Motion was made and duly adopted to pay office rent for the City Engineer from the sewer revenue account. -`he City Attorney was authorized to prepare petition, asking the West Memphis Power and Water Company to in::tall mufflers on engine exhaust at their plant. U A committee having previously been appointed ::y the Mayor to negotiate with former City Engineer, M. C. Baumann, relative to settling a claim, which said Mr. Baumann had previously filed against the City, said committee made its re- port as follows: In consideration of $100. cash and a credit of 4100. to be consumed in licenses, sewer rentals, and other taxes, M. Baumann agreed to accept same as full settlement of all claims against the City to date. The recorder was instructed to draw warrant for the above amount and to credit Mr. Baumann with $100. to be consumed as above stated. • The following bills were presented and payment approved and payment authorized by the Council. A. R. Romes $ 85.00 M. Tyler 16.00 E. B. Crawford 200.00 West Memphis News 32.50 Wallin Dickey & Rich Lumber Comapany 400.00 Dacus Lumber Company 108.07 Crittendon County Times 27.50 Allis Chalmers Company 561.87 Arkansas Power & Light Company 25.50. �-- Modern Mere. Company - 9.30 Tri State Culvert Company 70.80 J. A. Riggs Tractor Company 30.20 The Manhatten (tubber Company 250.00 James Moore 24.00 Wallin-Dickey & Rich Lumber Company 4.22 West Memphis Lumber Company 6.84 West Memphis Nursery Company 3.00 There being no further business to come before the Council same was adjourned. M. H. Hundhausen MAYOR ATTEST: J. 0. Spotts ************************************ MINUTES On Monday the first day of August, 1938, the City Council of the City of West Memphis met in the City Engineer's Office at 3 PM , all' members having had due notice as required by law, the following present:WY. H. Hundhausen, J. 0. Spotts, Doyne Dodd, 0.I. Bollinger, R.C. Breece, Noah Phillips, F.E. Denson, and R. D. I Eberdt, the same being a special meeting called by the Mayor. The following proceedings were ha:: to wit: The following ordinance was introduced by 0.I. Bollinger and read the first time. 179 ORDINANCE NO. 73. AN ORDINANCE PROVIDING FOR THE ISSUANCE OF BONDS TO BE USED FOR THE PURCHASE 01' A SITE FOR; C9NSSTRUCTION OF,(AND EQUIPMENT),OF A COMBINATION CITY HALL AND FIRE STATION;" FOI T'f1E CONSTRUCTION AND IMPROVEMENT OF STREETS, ROADS, AND SIDF,WALKS=- FOR THE CONSTRUCTION OF A STORM WATER AND DRAINAGE SYSTEM,(AND FOR OTHER PURPOSES.) WHEREAS, the City of West Memphis has progressed to a point where the necessity of having a City Hall and Fire Station has become vital, and WHEREAS, the streets within the corporate limits of said City in their present 1r, condition are no longer adequate to supily the needs of the inhabitants, and WHEREAS, the said City of West Memphis has no funds available with which to make the above named improvements, constructions and repairs, and WHEREAS, Amendment number 13 of the Constitution of the State of Arkansas em- powers cities of the first and second class to issue by and with the consent of a majority of the qualified electors of said municipality voting on the ouestion .cf an election held for the purpose, bonds to be issued for the pur- chase of sites for, construction.of, and equipment of City Halls; for build- for the housing of fire fighting apparatus; and for the construction of 4; 't--1 and widening and straightening of streets, sidewalks and boulevards within the corporate limits of said municipality,and 1:D WHEREAS, In order to provide for the payment of the bonds issued under the .r provisions of this amendment and interest thereon, a special tax, not to exceed five mills on the dollar in addition to the legal rate permitted, may be levied- by municipalities on the land and personal taxable property therein, VOW THE"EFORE, BE IT ORDAINED that an election be held, and that at such elec- tion there be submitted to the electors of said City of West Memphis the follow- ing questions: A. Shall the City of West Memphis, by the levy of a five mill tax as autho- rized by Amendment 13 to the Constitution of the State of Arkansas raise the amount of twenty (2(:) thousand dollars by issuing its bonds to said amount for the purchase of a site for, construction of, and equipment of a combination City Hall and building for the housing of the City's Fire Fighting apparatus? • B. Shall the City of West Memphis, by the levy of a five mill tax as autho- rized by Amendment 13 to the Constitution of the State of Arkansas, raise the amount of thirty (30) thoussn d dollars by issuing its bolds to said amount for the construction of and improvement of streets, side walks and boulevards within its corporate limits, and for the construction of a storm water and drainage system? BE IT FURTHER ORDAINED that said election. be held on the 7th day of September, 1938, at the following polling places: WARD OTE, Rear Bank of West Memphis Building. WARD TM. Treece's Barber Shop. WARD THREE. Moody's Care and Filling Station. That notice of said election shall be given by the Mayor by advertisement weekly for at least four times in some newspaper published in said Munici- pality and having a bona fide circulation therein; the last publication to be held not less i.han ten days irior to the date of said election. That the result of said election shall be proclaimed by the Mayor and the results as proclaimed shall be conclusive unless attacked in the Courts with- in thirty days after the date of said proclamation. BE IT FURTHER ORDAINED that if the citizenry vote favorable on the aforenamed questions, that; the Mayor and Recorder of the City of West Mphs. be authorized and directed to execute the bonds of the said City bearing interest at the rate of 4z per centum per annum, and numbers, amounts and maturities to be as follows: i () NUMBER OF BOND AMOUNT P:ATURITY 1 and 2 $2000 Nov. 1st, 1940 3 and 4 2000 Nov. lst,1941 5 and 6 2000 Nov. 1st, 1942 7 to 9 inc. 2500 Nov. 1st, 1943 10 to 12 inc. 2500 Nov. 1st, 1944 18 to 15 inc. 2500 Nov. 1st, 1945 16 to 18 inc. 2500 Nov. 1st, 1946 19 to 21 inc. 3000 Nov. 1st, 1947 22 to 24 inc. 3000 Nov. 1st, 1948 • 25 to 27 inc. 3000 Nov. 1st, 1949 28 to 30 inc. 3000 Nov. 1st, 1950 1 31 to 33 inc. 3000 Nov. 1st, 1951 34 to 36 inc. 3000 Nov. 1st, 1952 37 to 39 inc. 3000 Nov. 1st, 1953 40 to 42 inc. 3000 Nov. 1st, 1954 .`3 to 45 inc. 3000 Nov. 1st, 1955 46 to 49 inc. 3500 Nov. 1st, 1956 50 to 53 inc. 3500 Nov. 1st, 1937 WM. H. HUNDHAUSEN, Mayor Passed Aug. 1. 1938. Attest: J.O. SPOTTS•, Recorder. Motion was made by R.D. Eberdt that the rules be suspended and the ordinance read the second tire. Motion was then made by R.G. Breece that the rules be suspended, the ordinance read the third time and placed on final passage. The question being upon its adoption of said Ordinance, the roll was called and the following members voted in the affirmative: 0.I. Bollinger, R.C. Greece, Noah Phillips, F.E. Denson, and R.D. Eberdt. Whereupon the Mayor deck red said Ordinance duly adopted and the Recorder was requested to spread same upon the record of Ordinances of said town, to have same published as required by law, and to number said Ordinance No. 73. seventy- three. It being apparently necessary, in order to expedite and approval of the City's application to the Works j rogress Administration for City Hall and other im- provements, that a committee be instructed to go to Fort Worth, Texas and file the above application. The following committee was elected by the Council to go to Fort Worth, Texas, and the Recorder was instructed to draw warrant in the amount of $100. to defray traveling expenses of said committee. The said $100 to be returned to the City Treasury out of the first funds received by the City Engineer, Architect, and Attorney, for the services in the above matter. The committee as follows: C.H. Bond, Doyne Dodd, and R.D. Eberdt. There being no further business to come before the Council, same was adjourned. Wl. H. HUNDHAUSEN layer Attest J.C. SPOTTS ********************************** 181 MINUTES On Tuesday, the 13th day of September, 1938, the City Council of the City of West Memphis, met in regular session, in the City Engineer's Office, Bank of J'lest Memphis Building, at 8 o'clock P.M. , with the following members pre- sent : M. E. Hundhausen, J. 0. Spotts, Doyne Dodd, C. H. Bond, R. C. Breece , F. E. Denson, I. L. Owens, 0. I. Bollinger, Noah Phillips, and R. L. Eberdt. The following proceedings were had to wit: r-- Motion was madd by Noah Phillips and was properly seconded by R. C. Breese, that the City Attorney be instructed to take such steps as might be necessary to force H. R. Dabbs to make necessary connections to the Sanitary Sewer sys- tem. All members present voted in the affirmative. The following resolution was introduced by R. D. Eberdt and with proper se- cond was unanimously adopted. RESOLUTION A RESOLUTION AUTHORIZING THE CITY OF WEST MEMPHIS TO FILE AN APPLICATION TO THE UNITED STATES OF AI ERICA THROUGH THE FEDERAL EMERGENCY ADINISTRATION OF . PUBLIC WORKS FOR A LOAN_ AND GRANT TO AID IN FINANCING THE EXTENSICN OF THE k-J SEWER SYSTEM OF THE CITY OF WEST MEMPHIS. Cr' BE IT RESOLVED EY THE CITY COUNCIL OF THE CITY OF WEST MEMPUIS: SECTION 1. that Wm. I . Hundhausen, Mayor, be and he hereby is authorized to execute and file an application on behalf of the City of West Memphis to the United States of America for a loan and grant to aid in financing the con- struction of extensions to the ;'lest Memphis Sewer System. SECTION 2. that M. H. Hundhausen, Mayor, be and he hereby is authorized snd directed to furnish such information as the United Sates of America, through the Federal Emergency Administration of Public Works may reasonably request in connection with the application which is herein authorized to be filed. Wm. H. Hundhausen MAYOR ATTEST: J. 0. Spotts City Recorder i:`a_.'or Hundhausen presented a letter from Geo. T. Kendall with reference to payment of 2OO for sewer easement across :;lock No. 96 in the Geo. T. Kendall Sub-division, relative to this matter and in reply thereto the following re- solution was introduced by 0. I. Bollinger aid with proper second was unanimously adopted. RESOLUTION WHEREAS, Mayor W. H. Hundhausen is in receipt of a certain letter from Geo. T. Kendall, with reference to payment of . 200 for easement for sewer line across Block No. 96, Kendall sub-division to the town of West Memphis and WHEREAS the City of West in the constructing of its present sewer system has not been called upon to pay for any easements of any nature whatsoever, and WHEREAS it being the desire of the Mayor and Board of Aldermen to make one and final disposition of the above matter, now THEREFORE BE IT RESOLVED that the City Council of the City of West Memphis go on record as declining payment of any sum or sums whatsoever in payment of sewer easements. Wm. H. Hundhausen NAY OR AEST;J. 0. Spotts City Recorder Motion was made by R. D. Eberdt and seconded by Noah Phillips that the City authorize the Mayor to negotiate the purchase of a dump truck for City use. It was unanimously adopted. Notion was made by R. C. Breece and was duly seconded, and unanimously adopted . to pay City Marshall C. C. Culp, a monthly salary of a125, beginning with September 1938. 1.64 Motion w^s made by R. D. Eberdt and n s properly seconded by F. E. Denson, and unanimously adopted that the City Council pay City Treasurer, J. E. Wise, a monthly salary of 25, for his services as said City Treasurer, beginning with September, 1938. here being; no further business to come before the Council, and upon motion with proper second, the meeting was adjourned. • Wm. H. Hundhausen ?s`.AY OR ATTEST: J. C. Spotts City Recorder ********************************* MINUTES Pursuant to call of the Mayor, the City Council of the City of West Memphis , Arkansas, met in a special session in the City Engineer 's Office, Bank of West Memphis Building, at 2 o'clock P.r;i. , on Thursday, SbpteMIN513 22, 1938, with all members present as follows; Wm. H. Hundhausen, Mayor; J. 0. Spotts , City Re- corder; R.C . Breece, 0. I. Bollinger, Noah Phillips , F. E. Den- son, R. D. Eberdt , and I. L. Owens , Aldermen. The following proceedings were had to wit : The following Ordinance was introduced by Alderman 0. I, Bollin- ger, and read the first time. ORDINANCE NO. 74 AN ORDINANCE PROVIDING FOR THE ISSUANCE OF BONDS TO BE USED FOR THE PURCHASE OF A SITE AND CONSTRUCTION OF A CO'IBINATION CITY HALL AND FIRE STATION, AND EQUIPMENT OF SUCH CITY HALL, FOR THE • CONSTRUCTION AND IMPROVEMENT OF STREETS, AND FOR THE CONSTRUCTION OF STORM SEWERS AND DRAINAGE SYSTEM IN CONNECTION WITH SUCH STREETS. WHEREAS , on the 1st day of August, 1938, this Council passed an ordinance for an election to decide whether bonds for the above purposes should be issued, and an election was held, but both were void because some of the bonds would mature within three years of the date of issue; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPiTIS: SECTION L . An election is hereby called to be held at the • usual polling places in the City of West Memphis, on the 25th day of October, 1938, for the purpose of determining whether the City of West Memphis shall issue $20,000 in negotiable bonds , bearing interest at the rate of four per cent per annum for the purchase of a site for, and construction of a combination City Hall and building for the housing of the City's Fire Fighting apparatus, and for the equipment of the City Hall, and for. the purpose of determining whether the City of West Memphis shall issue ti 30,000 in negotiable bonds , bearing interest at the rate of four per cent per annum for the construction of and improve- ment of streets within its corporate limits , and for the con- struction of storm sewers and drainage system in connection with such streets , said bonds to be payable as hereinafter set forth, and to be dated as near the date of sale thereof as practi- cable. SECTION 2. Said election shall be conducted and the votes thereat canvassed and the result thereof declared under the law • and in the manner now provided for municipal elections , and notice of said election shall be given by the Mayor by advertisement weekly for at least four (4) times in some newspaper published in the City of West Memphis, and having a bona fide circulation therein, the last publication to be not less than ten days pror to the date of said election. The ballots for said election shall be marked, 1sj "For Bond issue of 20,000 for the purchase of a site for, and construction of a combination City Hall and building for the housing of the CiWs Fire Fighting apparatus , and for the equipment of the City Hall." "Against Bond issue of $20,000 for the purchase of a site for, and construction of a combination City Hall and building for the housing of the Cit;, 's Fire Fight- apparatus , and for the equipment of the City Hall." r^ "For Bond issue of 30,000 for the construction and improvement of streets within its corporate limits , and for the construction of storm sewers and drainage system in connection with such streets." "A ainst Bond issue of , 30,000 for the construction and improvement of streets within its corporate limits , and for the construction of storm sewers and drainage system in connection with such streets ." At said election only qualified voters of the City of West Mem- phis will have the right to vote . The result of said election ; shall be proclaimed by the Mayor by publication in some news- .:-.) paper published in said City of West Memphis , and his proclarra- • tion shall advise the citizens and property owners of said city that the result as proclaimed will be conclusive unless attacked in the Courts within thirty (30) days after the date of such proclamation. SECTION 3. If the vote is favorable to both issues they will be combined in one issue , maturing as follows : NUMBER OF BOND AMOUNT MATURITY 111 1 and 2 $2000 Jan. 1, 1942 3 and 4 2000 Jan . 1, 1943 5 and 6 2000 Jan. 1, 1944 7 and 8 2000 Jan. 1 , 1945 9 and 10 2000 Jan. 1, 1946 11, 12, & 13 2500 Jan. 1, 1947 14 , 15, & 16 2500 Jan. 1, 1948 17, 18, & 19 2500 Jan. 1, 1949 20, 21, & 22 2500 Jan. 1, 1950 23, 24, & 25 2500 Jan. 1, 1951 26, 27, & 28 3000 Jan. 1, 1952 29, 30 , & 31 3000 Jan. 1, 1953 0 32, 33, & 34 3000 Jan. 1, 1954 35, 36, & 37 3000 Jan. 1, 1955 38, 39, & 40 3000 Jan. 1, 1956 41, 42 , 43 , & 44 3500 Jan. 1, 1957 45, 46, 47 , flr 48 3500 Jan. 1, 1958 49, 50, 51, & 52 3500 Jan. 1, 1959 53 and 54 2000 Jan. 1, 1960 If only one issue is approved the bonds will have the same matu- rities , though for less amounts . SECTION 4. It is ascertained and hereby declared that by reason of the want of proper quarters in which to conduct the business r---, of the City, its business is not properly conducted, and for want of a proper place to house the fire fighting apparatus the same is being injure= by the weather and connot be brought into action as promptly as necessary, so that there is great danger from fires , and also that many of the streets of the City are in such condition that they are a peril to persons traveling upon them, and that '-) reason of the depression many persons are out of work and un- able to procure proper food, clothing and shelter, so that their health is impaired, and these improvements will give them era- i ni ployment and preserve their health, and for these and other reasons it is declared that an emergency exists and that this ordinance shall take effect immediately upon its passage. Wm. H. Hundhausen - MAYOR ATTEST : J. 0. SJotts City Recorder Motion was then made by Alderman R. C. Breece that the rules be suspended and the Ordinance read the second time. -1 Upon call of the roll the vote on the above motion was as follows: Wm. H. Hundhausen aye I. L. Owens aye 0. I. Bollinger aye R. D. Eberdt aye Noah Phillips aye R. C . Breese aye F. E. Denson aye The ordinance was read the second time and Alderman Noah Phillips moved that the rules be suspended and the ordinance read the third time and placed on final passage. Upon call of the roll the vote on the above question was as follows : Wm. H. Hundhausen aye I. L. Owens aye 0. I. Bollinger aye R. D. Eberdt aye Noah Phillips aye R. C . Breece aye F. E. Denson aye The ordinance was then read the third time and the question be- ing upon its adoption,the roll was called and the vote was as follows : Wm. H. Hundhausen aye I. L. Owens aye r--' 0. I. Bollinger aye R. D. Eberdt aye Noah Phillips aye R. C . Breece aye L., F. E. Denson aye r The emergency clause of the above Ordinance was then read by the City Recorder and upon call of the roll, with reference to its adoption, the vote result as follows: Wm. H. Hundhausen aye I. L. Owens aye 0. I. Bollinger aye R. D. Eberdt aye Noah Phillips aye R. C . Breece aye F. E. Denson aye Whereupon the Mayor declared said ordinance and emergency clause adopted , the recorder was directed to spread same upon the re- cord of Ordinances of said town, to have same published as re- quired by law and to number same, City Ordinance No. 74. The following ordinance was then introduced by Alderman 0. I. f Bollinger, and read the first time. ORDINANCE NO. 75 AN ORDINANCE FIXING THE TIME FOR THE FILING OF REFERENDUM PETI- TIONS PROVIDED FOR BY A','END"."ENT NO. 7 TO THE CONSTITUTION OF THE STATE OF ARKANSAS, AND FOR REGULATING THE PROCEDURE THEREON 1 1 BE IT ORDAINED BY THE CITy COUNCIL OF THE CITY OF WEST MEMPHIS , ARKANSAS: SECTION 1. All referendum petitions under amendment No. 7 of the Constitution of the State of Arkansas must be filed with the City Recorder within thirty days after the passage of any ordinance or resolution. SECTION 2. Whenever any referendum petition is filed the City Council shall give notice by publication for one insertion of a time not less than five days after the publication of such notice at which they will hear all persons who wish to be heard on the uestion whether such petition is signed by the requisite number of petitioners. 185 At the time named the City Council shall meet and hear all who wish to be heard on the question, and its decision shall be final, unless suit is brought in the chancery court of Critten- don County within thirty days to review its action. SECTION 3. If the City Council finds that such petition is signed by the requisite number of petitioners , it shall order a special election to determine by a vote of the qualified electors whether the ordinance shall stand or be revoked. The date for such election shall be not less than ten days after the order therefor has been made by the council, and said election shall be had and conducted as general municipal elections held in the City of West Memphis . SECTION 4 . If any ordinance referred to the people is defeated at the polls, the City Council shall make note of such fact and shall expunge such ordinance from, its files by erasing the same with red ink. SRCTIOT: 5. If any provision of this ordinance is held to be void, it shall not effect the validity of the remainder,but the remainder shall stand. C7 1.0 SECTIOTT 6. This ordinance shall be in full force and effect nn from and after its passage. PASSED: September 22, 1938 APPROVED Wm. H. Hundhausen MAYOR ATTEST : J. 0. SPOT "S City Recorder Upon motion by Alderman R. C . Breece th' t the rules be suspended and the ordinance read the second time, the vote was as follows : r'tl. H. Hundhausen aye I. L. Owens aye 0. I. Bollinger aye R. D. Eberdt aye Noah Phillips aye R. C . Breece aye F. E. Denson aye The ordinance was then read the second time and upon motion by Alderman Noah Phillips that the rules he suspended and the ordi- nance read the third time and placed on final passage . The roll was called and the voting as follows : Wm. H. Hundhausen aye I . L. Owens aye O. I. Bollinger aye R. D. Eberdt aye Noah Phillips aye R. C . Breece aye F. E. Denson aye The ordinance was then read the third time and the question be- ing upon its adoption, the roll was called and the result of voting was as follows : Wm. H. Hundhausen aye I. L. Owens aye O. I. Bollinger aye R. D. Eberdt aye Noah Phillips aye R. C . Breece aye F. E. Denson aye Whereupon the Mayor declared said ordinance duly adopted , the recorder was directed to spread same upon the record of Ordinances of said City of 'Nest Memphis , to have same published as required by law and to number same , Ordinance No. 75. The following resolution was introduced by Alderman R. C . Breece, and read before the Council. RESOLUTION BE IT RESOLV D by the City Council of the City of West Memphis, is Arkansas , that the law firm of Rose, Hemingway, Cantrell & Loughborough be and it is hereby employed to prepare the ne- cessary papers and act as advisory counsel in the proceedings for the proposed issue of 820,000 of bonds for the purchase of a site for, and construction of a combination City Hall and build- ing for the housing of the City's Fire Fighting apparatus , and for the equipment of the City Hall , and for the proposed issue of $30,000 of bonds for the construction of and improvement of streets within its corporate limits , and for the construction of storm sewers and drainage system in connection with such streets, and to give an opinion approving the validity of the bonds , for ,fl a fee of ti 425.00, said fee to be payable out of the proceeds of the said bonds and contingent on their sale. Wm. H. Hundhausen MAYOR ATTEST : J. 0. Spotts City Recorder September 22, 1938 The question being upon the adoption of said resolution, the roll was caller:. and the voting as follows: Wm. H. Hundhausen aye I. L. Owens aye 0. I. Bollinger aye R. D. Eberdt aye Noah Phillips aye R. C . Breece aye F. E. Denson aye The City Council by unanimous vote authorized the Mayor to proceed with the cutting of a certain ditch draining that portion of the Compress sub-division terminating at the end of Oliver street on the western City Limits through certain outside pro- pe-ties , into 10-,Tile Bayou. The cost of said project to be not more than 4,10.00 per 100 ft . and the lines to be staked off by the City Engineer. The City Col,n' i1 by unanimous vote , authorized the Mayor to ne- gotiate for the purchase of one car each of sand and gravel, to �.. be used in the construction of concrete culverts , and other con- crete work on City drainage . There being no further business to come before the Council, the meeting was duly adjourned, by the Mayor. Wm. H. Hundhausen MAYOR ATTEST : J. O. Spotts CITY RECORDER 187 =TES: On Tuesday the llth day of October, 1938, the City Council of the City of West I.enphis, Arkansas convened in regular session at the regular meeting place, City Engineer's office, Bank of West ?.:onphis building at 8 o'clock F. ?'. with the following present to wit. W. H. Fundhausen :'a<<or r—. J. 0. Spotts Recorder Noah Phillips Alderman R. C. ''recce V Alderman 0. I. Bollinger Alderman F. E. Denson Alderman C. P. Bond City .nl;i2neer with the following absent: DfJ I. L. Owens Aldcrncn R. D. Eberdt Alderman Doyne Dodd y Attorney The above constituting a quorum at which time the following proceedin7s were had to wit. Alderman R. D. Eberdt having submitted his letter of resii-nation as a member of the City Council, same was read and unanimously accepted by said City Council. r Alderman 0. I. 3olli;: er introduced a proposed resolution, and moved its adoption. The resolution was read in full. Alderman R. C. 73reec ' seconded the motion. The motion. was carried by the following vote. AYE 0. I. 7olli=.•-er " R. C. ,;recce " 70(111 Phillips " F. H. Denson DOES one The mayor announced that the resolution had been finally passed4 ' Le resolution is as follows: (go eAfi cry p p REGCIP21-0: IaO..'.I::AT T AhG ITEC 01<-1#• �0 0 T RESOLVED, That the Board of Aldermen, of the Cit;. of' W ;:enp is, of ,rest 1:enpl:is, Arkansas, having investigated th alifica— tions of R. D. dt, Architect of West :e:phis, Ar is, and having confidence in : is abi do hereby nominate t' aid R. D. Eberdt as ;; Architect, to prepare plans, ^ >ecif'icatio ' :nd other contract documents, and to supervise the construetio . . ..provements of the project for which which an allocation of f • ha - e:. made by the Public Works Administration Under Doc :o. ARK. 1271—F BE IT F11.'m n R:sSOLV D, That this nomination be see, 1 copy) to the Re " ..: al Director, Public Works ;dministrvtion, Region,-, leetric B '' •it-•, Fort 'i;ort1., Texas, with the request that the same be ap`~rimed. • ' 111GTi:ausA,p ��.. hay or RESOL MOP? ACCEPTI'. :ua OFFER OF TIT UNITED STATES OF AYERICA ''O AID BY TiAY OF LOAT; AND GRANT IN FINANCING A PROJECT THI: EIN DESCRIBED BE IT RESOLVED by the Cit:: Council of the City of Vest ':Teriphis, • 1. That the offer of the United States of America to the City • of West I.^"emphis to aid by way of loan and grant. in financing the con- struction r� of a municipal buildin •, including necessary jail equipment and the acquisition of necessary land, d, said offer reading as follows. P. 1 . 84311-37 FEDERAL EMERGENCY ADMINISTI:ATION OF PUBLIC WORKS - Washington, D. C., Dated: October 6, 1936 Docket N . ARK. 1271-F The City of West Memphis, West Remphis, Crittended County, Arkansas. • 1. Subject to the Terms and Conditions (Pq";A Form To. 230, as amended to the date of this Offer) which arc made a part hereof, the United States of America hereby offers to aid in financing the con- struction of a nunicipal building, including necessary jail equipmentr7") and the acquisition of necessary land (herein called the "Project") in the amount of 45 percent of the cost of the Project upon completion, as determined by; the Federal Emergency Administrator of Public ;'forks (herein call the "Administrator"), but not to exceed, in any evert, the sun of $13,500, and b.- purchasing, at the principal amount thereof plus accrued interest thereon, from the Applicant, obligations of the description set forth below (or such other description as shall be mutu- ally satisfactory) in the aggregate principal amount of , 16,500: (a) Obligor: The City of West Memphis; (b) Type: ;'egotiable, general obligation, .;crial, coupon bond; (c) Denomination: $5t:0; (d) Date: No':ember 1, 1938 (e) Interest rate and interest 'payment dates: 45 per ennui: , pa able semi-an-uall" on Tay 1, and November 1, of each year; (f) Place of payment: Office of the Treasurer of t -e Cit•, of Vest Memphis, at ;'test ;erpLis, Arkansas; (g) Naturities: On November 1, in amounts and years as follow: $500 in 1941 to 1957, inclusive, and $1,000 in 1958 to 1965, inclusive; (h) Payable as to both principal and interest from ad volorem taxes which may be levied within the limit prescribed by law (u'. ich limit shall not be loss that- five mills on each dollar assessed valuation) ::.Z on all tiie taxable property within the territorial limits of the Applicant. • 2. By acceptance of this Offer the Applicant covenants to benin work en the Project as early as possible, but in no event later than 6 weeks from the date of this Offer, and to complete such Project with all practicable dispatch, a.d. in any event with 6 months from the commencement of construction. 189 3. This Offer is made subject to the express condition that, if the Ad:.iaistrator shall determine at any time that the Applicant has paid or agreed to pay, whether directl:' or indirectly, a bonus, connission or fee to any person, firm or corporation for attemptr:r to procure an approval of the Applicant's application, or for alleged services in pro- curing or in. attemptin' to procure such approval' , or for activities of the nature commonly known as lobbying performed or agreed to be performed in connection_ with the application, then the Adreiristrator shall have the right, in his discretion, to rescind this Offer and any a^reenel to resultin herefror,, and, in the event of such rescission, the United States oi'. Arserica shall be under no further obli aticn hereunder. UNITED STATES OF A1: :RTCA Federal Euor ;er.cy Ad:..inistrator of Public Works By (Signed) E. V . Clark for the Assistant Administrator be and the same is hereby iv all respects accepted. ri 2. That said City of '; est Ieiaphis as;reos to abide by all the aCi Terms and Conditions of said offer, including the Terms and Conditions a:_rex( d thereto and made a part thereof. 3. That the Recorder be and he is hereby authorizcd and directed forthwith to send to the Federl.l emergency Administration of Public t';orks tLree certified coppies o± the proceedings of the City Council in. con ec- fl with t e adoption of this Resolutio , set-: ng forth this resolution in full, and suoh further documents or proor's in co:. r_ection with the { accept: ce of said offer as may be requested by the Federal Emergency • Administration of Public 'y,orks. PASSED AND APPLOV'_?D THIS j( day of Ct o l r ,1938. ay or (SEAL) ATTEST: COI' r Alderman c. C. ''recce introduced a proposed resolution, and moved its adoption. The resolution was reac' in full. Alderman Noah Fhilliu;s seconded the motion. The motion was carried by the following, vote: AYE 0. I. Bollinger " R. C. Broece " ;'oah Phillips "t F. E. Denson. -:OS None 1U • The mayor announed that -the resolution had been finally passed, the resolution is as follows; RESOLUTION NOI"INATING ARCHITECT BE IT RESOLVED, That the Board of Aldermen, of the City of West ?.:er.phis, of West, Memphis Arkarsas, having; investimated the qualifica- tions of R. D. Eberdt, Architect of West L enphi s, Arkansas, and having confidence in his ability, do hereby nominate the said R. D. Eberdt as Architect, to prepare plans, specifications and other contract documents, and to supervise the construction and improvements of the project for --, which an allocation of funds has boo- .jade by the Public Works Administra- tion under Docket No. ARK 1271-F BE IT FLIRT: I;R RESOLVED, That this nomination .be sent (loopy) to the Regional Director, Public Works Administration, Region 4,5, Electric Building, Fort s:orth, Texas, with the request that the sane be approved. W. 7. Pendhauser. Mayor • The City Recorder was directed to +Subr.:it one copy of the .above resolution to the Regional Director, Federal Emergency Ad3.,inistrator of Public Works, Redlion #5, Fort Worth, Texas together with copies of a draft of the contract which the city proposes to enter lute with the Architect. Said contract being as follows; CONTRACT WIT WITF A.CF ITI;CT P5•!A Docket lap. ARK, 1271-F City of West Ye*::phis, THE STATE OF Arkansas n COUNTY OF Crittenden THIS AGREEMENT made the llt1: day of October in the year of Nineteen Hundred and Thirty Eight, by and between the City of ;'lest Memphis, Crittenden County, Arkansas, acting herein by and .throueht W. N. Fuedhause;,T.i:ayor of said City, duly authorized so to act, hereinafter called the Owner, and R. T . Eberdt of aest `:iemphis, arkansas, hereinafter called the Architect. WITNESSETH, that whereias the Owner intends to construe;. a City : Al]. and Fire Station. NOW, THEREFORE, the Owner and the Architect, for the consideraticns hereinafter name, agree as follows, The Architect agrees to perform, for the above named work, professional services as hereinafter set forth. The Owner agrees to pay the Architect for such services a fee of six percent of the cost of the work, with other payments as hereinafter provided. The parties hereto further agree to the following; conditions: • (1) . The Architect's S rtiices: The Architect's professional services consist of the necessary conferences, the preparation of preliminary t ~l • studios, working drawinrs, specifications, large scale and full size drawirr s, the drafting of forms of proposals and contracts; the issuance of certificatesof payment; the keeping of accounts, the general adminis- tration of the business and supervision of the work. • (2). Payments; Paynents to the Architect on account of his fee shall he made as follows; Should the Owner require revision of plans and/or s ecifications after same have once been approved, then the Owner will pay to the Architect the entire cost of such revision of plans and/or specificstiLes (such cost to include overhead) plus tee. percent of such cost, tc rei. rso the Architect for the proparation of such revised plans a .d/or specifications. 191 Upon lettin' of the contract for consideration of the syste%.a sum equal to 50 percent of the basic rate of commission computed upon the contract costs. From tine to time during; the execution end progress of the work, pay- ments shall be made on the remainder of the foe, in proportion to the completed work, on the basis of contractor's estimates, until the agereeate of all pav- merts made on account of the fee under the agreement, shall be a sum equal to the rate of Commission arisin^ from this agreement, computed upon the final cost of the work. r No deductions shall be made from the Architect' s fee on account of penalty, liquidated damages, or ot` or sues wit:.held from payments to con- tractors. (3). Supervision of the Work. The Architect will endeavor to Muard the Owner against defects and deficiencies in the work of contractors, but he does not Guarantee the performance of their contracts. The supervision of an Architect is to be distinguished from the continuous personal superintendence to be obtained by the employment of an inspector. T-1 The Architect aereos that he will give n1.11, complete, a d adequate supervision on construction. (4) . Preliminary Estimates: When requested to do so, the Architect will furnish preli::i::ary estimates on t: e cost of the work, but he does not guarantee the accuracy of such estimates. (5). Defiuitioe of the Cost of the Work: The cost of the work, as herein referred to, neees the cost to the Owner, bet such cost shall not include any attorneys, architect's or e;:eineer's fees or salary of in- spector or cost of the land. (6) . Ownership of Documents: Drawin ;s and specifications as instruments of service are the property of the Architect whether the work for which they ea') are made be executed or not. The Architect will, however, deliv r to the Owner, three (: ) sets of r:lans and specifications at his own expense. Additional sets will be fer- nrished the Owner at his request and without cost to the Owner other than. the • direct exilens.e of producing the copies, specifications, blue prints of drawings and copies of other. docu ents relating, to the work which the Owner may require for his use or record. (7) . Successors and Assi;^nments: The Owner and the Architect, each binds himself, his partners, successors, executors, adm':_istratcrs, and assigns to the other part; to this ar:rcenent, and to the partners, successors, executors, administrators, and assi ;r_s of such other party in respect of a].l covenants on t}.is a ;reer.ent. except as above, neither tie Owner, nor the Architect, s= all ass_ n, sublet or transfer his interests in t: is aeroenent without the written consent of the other. (8) . Compliance with PWA Reeulutions: The Architect ar•rees that he will fully comply with tic rules and re;o lotions of the P, blic Works Adminis- tration as directed by the Rer:ienal Director. Full Performance: The Owner and the Arc::itect hereby er,ree to the full performance of the covenants contained herein. (9). This contract is made and e.:ee"ted in lieu of that certain contract entered into between the parties hereto under date of October 11th, 1938, which is in all t; in^;s superseded by this contract. i ^` TESTI''ONY 'vf ; REOF, they have execir'.ed this arreerent, tie day and year first above written. City of West Yer'phis By 1:'ayor (Owner) ATTEST: 0II,A Recorder • l� Alderman F. E. Denson introduced a relobution and moved its adoption. • TLe resolution wa:, read in full. Alderman Noah Phillips seconded the motion. T :e motion was carried Iv the f ollo;rin^• votes AYE 0. I. ollins•or " R. C. Treece 1' " Noah Phillips " F. Z. Denson • NOES None The mayor announced that the resolution had been fina:.ly passed, t c ros:lution is as follows: RESOLUTION: WHEREAS the City of West Me-phis has accepted a proposal of the PWA whereby the said City of 'lest Memphis is to issue bonds, and secure Federal Grant of funds sufficient wit!-. which to construct a City Hall and Fire Station and Vi EhEAS it becomes necessary that the City of West Uenphis determine a location .and secure deed to real estate upon which to construct said. City Fall and Fire Station and WIMEAS the said City of West Uen..phis is being presented with: sufficient property upon which-: to construct said City „all and Fire Station as a r;ift from Eugene Woods. NOW T3E IT THEREF ORx; RESOLED that the said City of :pest hemphis acting; NOW F,li 4i that upon authority vested in its mayor, accept title to said propert:, in the nano of the City of ' es t Itempi:.i s said Cit • Fall and Fire Station shall be structed upon what is ky,own as the Eugene Woods property in West Memphis. r/-1 It beinr evident that the city had assessed no privilege or occupation lisence on Cigar ]:an_ufactu.ri_^,^ Plants or Public Accountants, the folicwinr )Thamounts were assessed upon these occupations Cigar Hanufacturiar: Plants 25.00 per year • Accountants a'�:n:d Auditors 10.00 per year There beinT no further business to come before the council, and upon notion with proper second sane was adjourned. W 7 HTTNDITAT'SE': Mayor • ATTEST J. 0. Scotts Recorder �' 19i MINUTES On Tuesday, the 8th day of November, 1938, the City Council of the City of West Memphis met in regular cession at eight o' Clock P. M. in City Eingneer's office with ttle following members present; W H Hundhausen, "°ayor, J 0 Spotts, Rec- order, Noah Phillips, F E Denson, R C Breece, 0 I Bollinger and I L Owens, Alder- men, C H Bond, City Engineer and R D Eberdt, Architect; The following proceedings were had towit: The following resolution was introduced by Aldermen Phillips , who 'awed it' s adoption: RESOLUTION i WHEREAS, the Board of Aldermen of the City of '+lest . emphis Arkansas (Here- inafter referred to es the owner) did by resolution at a regular meeting held on October llth, 1938, nominate R. D. Eberdt as Architect for the detign and super- s vision of the construction and improvements of the project for which an allocation of funds has been made by the Public Works Administration under Docket No.1271-F; and, WHEREAS, the Regional Director of said Administration has approved said nom - ination; and, :'11EREAS, the Owner has approved a form of Architectural contract , has submitted said form to the .said Regional Director and secured his approval thereof ; ,..� NOW THEREFORE BE IT RESOLVED, that the Mayor W. H. Hundhausen, be authorised and instructed to:sign said contract with said Architect for and in the name of said owner, and that J. 0. Spotts, City Recorder, be authorized and instructed to attest said contract and under the seal of said Board and forward to said Regional Director three (3) certified copies of said contract. Upon call of the roll, all members present voted in favor of the adoption of said resolution. The following ordinance was introduced by Alderman H C Breece and read the first time: ORDINJ CE NO.76 BE: IT ORDANIED BY THE CITY COUNCIL OF THE CITY OF WEST MEii1PHIS ARKANSAS: That a street be created, extending from what is knarn as Woods Avenue, East to and intersecting with Fourth Street, on the following location: The south 50 feet of lots 2, 25,28,51r; and the North 20 feet of lots 3, 24, 39 and 50, thence the street will jog t.bethe North, a distance of 15 feet at the East line of lots 50 and 51, :yid shall use the North 5 feet of lot 55, and the south 30 feet of lot 54, all in the M P Horsley Addition (Subdivision; to the City of 'Nest Memphis and that the said street shall be named Polk. The City Engineer is hereby instructed to prepare a plat showing location and name of this street and to have it recorded in the office of the Circuit Clerk of Crittenden County. WHEREAS, the ow"ers of all the property on which this street shall be lo- cated have given their personal unrestricted consent to it's construction and it anpearins that the street is greatly needed to relieve congestion on Second Street and provide a crossover from the other streets intersecting with the proposed street, which will eliminate a considerable amount of traffic on Broadway and the hazard crn- netted therewith, and that the proposed street will provide drainage for storm water for the area in which it is located, which condition is sorely needed, an emergency is hereby declared to exist and this ordinance shall be in full force and effect from and after it's passage. • W H HUNDH .USEN, Mayor A1TEST: J 0 Spotts, Recorder. Lotion was then made by Alderman Denson that the rules be suspended and the ordinance read the second time, which motion fully carried. The ordinance was then read the second time. Alderman Phillips then moved th.,t the rules be suspended, the ordinance read the third time and placed on final passage, which motion fully carried. The ordinance was then read the third time, and the question being upon it's adoption, the roll was called and all members present voted in the affirmative. Whereupon, the mayor declared said ordinance duly adopted, and the recorder was requested to spread same upon the record of oridnance of said City and to have same published as required by law, and to number same Ordinance to.76. 11)4 The following resolution was then introducted by Alderman C Breece, who moved it' s adoption: aSOLUTION WHEREAS, the City of West 16emphis, by it' s Board of Aldermen has entered into an agreement with the United States of America to offer for sale a bond iuuue in the amount of S50,000.00 to finance a project of building a City Hall and Fire Station, and tertian street repairs and construction, and WHEREAS, the said City Board of Alderman did by resolution, accept an offer by the United States of America to aid in the financdng of said project on Oct. llth 1938 at a regular meeting of said board; NOW ZRiERERERDRBE IT RESOLVED: That the Board of Aldermen, acting for the City of West Memphis make application tb the United States of American for a GRANT ONLY, and that all bonds offered for sale, be offered to and sold to in- dividual and private buyers. V H Hundhausen, Mayor; Upon collof the roll, all members of the Council present voted in the affirmative. The Board of Alardmen authorized the placing of a fire plug at the intersection of 9th and Tyler streets, and a street light at Broadway and 9th streets. There being no farther business to come before the council, same was adjourned. W. H. HUNDHAUSEN, Mayor. Attest .7 0 Spotts; Recorder. • • On Sat}.-rday the 26th day of ;.ovenher, 1938, the City Council of the City of est emp is met in a special session called by ;'ayor at 11 o'clock a.m., all memo rs havii"E, had due notice as required by law and all riemers present as i'ollows: W. F. t'undhausen, J. O. Spotts, Toah Phillips, F. E. ? p , E. Denson, l,. ^,. 7rece, j � 0. I. 7ollir,ger, I. L. Oaens, C. H. "ond, Dome Dodd, and R. D. Eberdt. T'he meet- l-1 i,:; liras called to order b, 1:a.ror T�undhausen and the folloti:inr proceedirCs were lad. �. , ayor Fundhansen asked bids on the construction of a City Tall ard Fire Station.ion. All '-idlers preset stated that they arc -familiar with the plans a .d specifications, after tiA ich -:ids ,:.ere opened by City '"anaver C. 7. Pond. The bids were of eed and read in the follow order: Your_ '.:aury, Pase Did 4:44512.00 Alternate 1,',1 " Alternate ,1r2 105.00 :rank Lee, ''ase 93'62 00 Alternate 0 250.00 Alternate •2 103.00- F. A. T'cGuire, Base '?id ,:19T O.00 Alternate -i;`>1 200.00 Alternate ;2 150.00 0. E. '.lass, ' ase Did ;'41271.O0 Alternate =l 325.00 Alternate -11,2 120.00 '.'empl.is Construction Company, ease ^id „41647.00 700.00 • Alternate '2 100.00 195 It bel r.; e-'ident that all bids received were in excess of funds allocated for the above-mentioned project; therefore all bids were rejected b; the "a; or. Upon beine advised by authorities from the P. A. Office at Fort 'Worth, Texas by tele- phone, City Architect 2. D. 3berdt eras instructed to revise the plans and specifi- cations offered to t e bidders a series of altereate bids number`.g from one to ten and the above Bidders were requested to restate their bids stipulati.nk the above alter' ates as set out by City Architect and to rj?ort back for a new lettin , at 11 O'clock a.m. on konday, :ovember 28, 197a'. : a- or :'undh.ausen then asked for bids on the $50000.00 bond issue which was advertised for 12 O'clock noon on the date of this ractt:'._r. The he olio-wing firms srr.,s r--. were present and-bid at special auction on the above bond issue: i''irst national Banff and 33ullington-Schas of :;emphis, Tennessee T. J. Rainey a, Son and h. J. Ferrin ; k Company of Littlf. Rock, Ark. V 'Toth idlers havinr presented certified cheeks in the amount of ,950000.00 each, the bonds were offered at special auction and sold to The First _rational "'ank and 7elli_�� ton-Sehe.s. Company of .'erij his, Teee essee at the price of e':91..50 and the ra--or and City Recorder entered into formal contract for e sale of said bonds for the above successful bidders. The following:, ordinance was introduced by .A1fterrl~n--a..,I. T'oll'riser and read t}.e first time: 01D/ v ,v< /l10 ,77 ti , I'O/� T O :. L vlJ �j 3'TO(� 1: � 1 `J. 1 L s J f l l.' ? n , F0.1 rrt--T7�� •). -� 1. .• r 1 O..,-r U TC•, OF A "IITIO z.>: :. `T (); .. ;1- .:zT. :T. c: n. .(__:) T. ;0„r. T 0'a Sri....... __ . k COITSTh"CTIO.., ?T' ^_.' ".T; 21 i 7. .-. r'. fT' - 17 n.l_ .r I' S. Cb STR:'_,TS '..7E1.EAS, by ordinance duly passed on the loth.day of September, 1936, there was submitted to the queli"ied.e).ectors of the CitI' of Jest ''eraphis, the --- question whether it sold issue bonds to the extent of 20,000 of four per cent bonds ror the purchase of a site for, and coustruct_on of a cOrabina'Lion City bell aei and building for the .h.o si:.s of the City's ;ire Fif_I tin • apparatus, and for the eq,:i..a ent of the City :;all, and ,'30,000 of four per cent :onds for the purpose of so: struct_on of and improvement of streets within its eorl,urate 1ie_.ts, and for the cpnstreetion of storm sesers and ddi'n ase s: stem in con:' ecti0n with such streets. /- dee notice of the election was -'ivee as required Ouired by law, and at se ic' election .137 votes were cast in favor of boti: of said bond assures, and ... l-' 1 a ctes were ease a ns4; t: em; and ':TE:1:S, after due advertisement for t' e tine and in the elan. er required law, del" pebl ie `'d ie a _'.ews; aver having a )one fide circ'O ation in the City of Jest emh '.i s, said 72ends were o: fered for sale at public auction, at the o ' ice of its ::'ay or, at 12 O'clock ::oon, on the 26 day of . 2ovember , 1938, and at said sale r'ul).i_k;ton-Schal Company and Firs7—Pational ''ark of ; emphis, Tennessee lid and oo' ereot TT ::rice of 91.50, and this beins the hest bid, said bonds were sold to 1 uli.inston-Sc'i.as c'L Company and First ' ational "ank of 'renal is, Tennessee at ti at :rice; said bonds ere to be issued as a single bond issue of k'50,000. 1 , 'a, I.Utj • :M, T:-.2hEi0ZE, 73E IT 02JAID 77 T7-.: CITY 00-CC11, 01' T:7. CITY C.. ':.:Si = ...0IS: i. Section 1. The :: :or and 11ecorder are hereby authorized adJ (2ircoted to execute the bonds of this City, bearin interest at the rate of for 1..er cent per anIalm, dated Deceml,er 1, 1930, their mz0ors,denulinations ad r.:aturitics to he as fo110-0s: 70C. 01: -.0YDS ' :1:::.0= T70:1 ,42:012T 1 and 2 0.000.00 c,2000.00 Jar:. 1, 1942 3 ard 4 1000.00 2000.00 Jan. 1, 1943 5 and 6 1000.00 2000.00 Jan. 1, 1944 -----) 7 and 8 1000.00 2000.00 Jan. 1, 1945 ; 1 9 and 10 1000.00 2000.00 Jar- 1, 1946 , I , • 11 500.00 500.00 Jar. 1, 1947 12 and 13 1000.00 2000.00 Jan. 1, 1947 • 14 500.00 500.00 Jan. 1, 1943 15 :-171d 16 7000.00 2000.00 Jan. 1, 1946 17 500.00 500.00 Jan. 1, 1949 • IL' and 19 1000.00 2000.00 Jan. 1, 1949 20 500.00 500.00 • Jan. 1, 1950 21 and 22 1000.00 200.00 Jan. 1, 1050 23 500.00 500.00 Jan. 1, 1951 24 a-:.d 25 1000.00 2000.00 Jan. 1, 1951 ..) , 27 ,:., 23 1000.00 3000.00 Jan. 1, 1952 29, 30 31 1000.00 3000.00 Jan. 1, 1953 32, 33,L. 34 1000.00 3000.00 . Jan. 1, 1954 35, 36 37 1000.00 3000.00 5!:01. 1, 1935 38, 39 L 40 1000.00 3000.00 Jan. 1 , 1950 .11 500.00 500.00 Jan. 1, 1057 43 ;,. 44 1000.00 3(4)00.00 Jan. 1, 1957 45 500.00 500.00 Jan. 1, 1953 45, 41 40 100000 3000.00 Jan. 1, 1958 • 49 500.00 500.00 Jan. 1, 195 50, 51 '..: 52 1000.00 3000.00 Jan. 1, 1959 53 and 54 1000.00 2000.00 Jan. 1 , 1960 . (.... , Scctio.: 2. Said bonds sll 1 -3 in su. ta?!tiully thellovij.yz form: L. • • • F 1 . . . 1 4147 :.TTv v. .. : 'YTS 4 _ 1:..`i1.. E. q. 'f' JJ l`.`o. 4^�—_ r•, ._�. rn._ c.1. r,S _hat the City. of Vest _'emphis, in the County of Crittenden, State of . 'Arkansas, aeknewled;esV itself to owe and for value received promises to pa:, to I' c2 er the sort of ; DOL1.AiLS in l:::':.'el of the United States of America, on the 1st da: of Ja uary, Y) , with interest thereon fray the 1st day of December, 19N, at the rate of `'our per centvm per annum, .a;, able selnian wally on the 1st day of January and July of each yecr, on presentation and surrender of the annexed interest coupons as they scverall: mature. "?oth prin-ipal and interest of this bond ere hereby made payable at the office of the Union Planters :yatieeal Tank za Trust Company in the City y r-I of yemphi s and Stateof Tennessee. C ) LCD = This is one of a series of Alt+-four (54) bonds, agregating Fifty Thousand Dollars W0,000) all of like tenor and e r'.-':'cct, except as to denomination and matnritles, eumbercd from 1 to 54, inclusive, issued for the purpose of the purchase of a Bite :or, and ccestru tion of a combination City T7a1l and '.;wilding, for the housing of the City's Fire Fight, Apparatus, end for the eq"ipnent of the City "all., and for the purpose of the construction of and improvement of streets within its corporation limits, and for the construction of storm sewers L:nd drainaee system in connection with Such streets, and the said City of :Test ' .emphis here:;-. covenants that in the lssuin:; of this ' oud it has proceeded in eccordanco with the provisions of the i;nee neet w:,ich was adoeted as Amendment :To. 15 to the Const:tut= or, of the State of Arkenses, nosh A eendr.ient :To. 13, and in eccorda:ncc with .- , tl'c laws of said State, particularly Act ho. 93 of the Acts of the General As::en 1: of the State of Arkansas of the year 1927, entitled, "An Act to regulate the is seence of bonds :.niniciy al. corporations," approved hard. ' , 1927, .ender ordi- eeces of the City Council of said city, and in pursuance of an election duly held at which the majority of the le: al voters of said city, vot';.` et said election voted in favor of the issue of said bonds; that all t' is gs necessary to the 1•c:l .d5ty of t' is oaud eeder t ,e laws of the State of Arkansas, ae6 particularly under said Alrendmeet to its Constituton Lt:d said Act, have existed, have happened a: d 'cave been performed as required by law; that a tax sufficient to pay the 'hoods a:'oresE. d has been duly levied in accordance with said Constitutional Ameodme;it, and made payable annually until the last of said bonds has '.e.en fully paid aed dischar;ed; and that t:.e indebtedness r:.pres'ented by this bond and the issue of which it forms a part does not exceed a :y constituti oral or statutory 1_ .. ta..i a__s For the prompt payment of this pond and all others of this issue and the interest thereon the said City of ,• ,st hemphis hereby pledges its fell faith, credit and teeing power, includie t:.e five mill tax authorized to be levied by said Amendment to the Constitution, and levied by Ordinance :To. of the -•, Ci, of "test hemphis, passes and approved on the day of , 193b. I= default shall be made in the pa•.ment of any interest coupon apper- ' tail 'n to t' is heed when and as the same shall become due aid payable, and such �? default shall have conti'•.ued for a period of thirt:, (SO) days, the holder of tl is I i bond may, by eotice in writing to the Secretary of the District, declare the Ij prieci :a1 cf this bond to he due and paye'ae i e ediatel,/ after such notice, and upon zech declare'. .on the principal of ti is bond shell • ecome and be immediately due and payable. l56 This bond shall not be valid until authenticated by the certi_:' Bate hereon of the Union Planters :?ational Tank 1c Trust Company of remphis, Tennessee. ,•T!:_.i'.ss E eece"', the C ty of "lest .'er.:phis has executed th the hands of its '.'ayor and City Recorder, and attested it with its corporate seal, and has caused the coupons hereto attaeled to .. c authenticated by the facsimile signature of its layor, as of the 1st day of December, 193::. • CITY •0::, •7,ST •r,,y,..s�r • -- ' ^ecorder ~� To each of said bonds are attached coueo'ns ::or the semia:-`. nel _-'.terst in the foliov i' form: ti 'To. January, On the 1st day of July, 19 , the City of ,-vest Memphis, Arkansas, pron ises to pay to 'Nearer J: L,rs, in leeeel mci:ey of the sited Stat' States at the office of the U:ionMiters :ratio-ea' Tank w Trust Company in the City of ''orlphis, Tennessee, being six months' interest then duo on its improvement 1-•ord dated December 1, 1930, and numbered (The first coupon will be for seven months' interest, due Jul;; 1, 193 9, k4 ) (The signature of the 1.4a;;or to the coupons attached to said bonds may be litho- ;'•ra;:hed or engraved.) On the back of said bonds shell appear the =ollowi:IC CE=ICATE This is to certify that this is one of the 54 bonds of the issue mentioned and described within. 1; :Ipi P ". r"L? ?-:_T 0:.LL ''>!e:.:: T-..ST 1: Py remphis, Tennessee ___�.__ , 198 Secti n Z. The P:a;,or a:;d City :recorder are hereby authorieeed an , irected, when they have executed .aid bonds, to tern titer; over to the pruchasers, ::pon receipt of the purchase price; d the proceeds of said bonds shall be used for no purpose except for the purposes of the purchase of a site for, and c0' struction. -f a conbieation City Pall and building for the housing of the City's Fire Fie' t= 0 apparatus, aed for the couip:.cnt of the City- 'all, and for the construction of end 1; L ro cnent of streets vrit'hin its corporate 11:-its, and for the construction of storm sewers and dr aiea:_'e syeten in: connection with such streets. Section 4. In order to the b as theynature, i '. 1. bends t ,eJ with, interest t; creo-,, r--•. there is hereby levied upon all real and pers. .,ai property eit;"in the city o`' West I'emphis a tax of five .;ills for each of the years 1938 to 1959, incl,.sive, with five per cent added for "'.•ore:mcen co-'.tin.^'encies, and if the proceeds of said tax are not sufficient to pe. said' ';onds with interest as they 1'ature then said lev: s?.all. he continued from year to • e til the last of said :)onds is paid en full; and the City Recorder is directed to transmit a certified copy of this section of thine ordinance to the County Clerk of Crittenden County to the end that oaid taxes may be extended oe the tax books o: said count',' and collected aneuelly nio' e with the other taxes. Secti.qn 5. In order to pa; said bon de es they nature, there is hereby appropriated out' of the proceeds of the tax here.?y levied, and. if soh proceeds be not sufeiCieet, then O''.t of the ;,cneral reve_'ues of the City, the eollowiee sums to . pa;;' the i:ri.cipel and - ter-st of said bonds as the-- mature: 199 YEAR 30::D PRINCIPAL BOI D INTLREST TOTAL July 1, 1G38 $1166-.67 $1166.67 Jan. 1, 1940 1000.00 July 1, 1940 1000.00 2000.00 Jan. 1. 1941 1000.00 July 1,1941 1000.00 2000.00 Jan. 1, 1941 $2000.00 1000.00 July 1, 1942 960.00 3960.00 Jan. 1, 1943 2000.00 960.00 July 1, 1943 920.00 3860.00 Jan. 1, 1944 2000.00 920.00 July 1, 1944 880.00 3800.00 p1• Jan:: 1, 1945 2000.00 880.00 July 1, 1945 840.00 3720.00 Jan. 1, 1946 2000.00 840.00 July 1, 1946 800.00 3640.00 Jan 1 , 1947 2500.00 800.00 July; 1, 1947 750.00 4050.00 Jan: 1, 1948 2500.00 750.00 • July 1, 1948 700.00 3950.00 Jan. 1, 1949 2500.00 700.00 Jul 1, 1949 650.00 3840.00 1--1 Jan. 1, 1950 2500.00 650.00 CO July 1, 1950 600.00 3740.00 kr'J Jan. 1, 1951 2500.00 600.00 Jul;; 1, 1951 550.00 3650.00 •y Jan. 1, 1952 3000.00 550.00 _ _ _ _ 490.00 4040.00 -- 1 , 1953 3000.00 490.00 July 1, 1953 430.00 3920.00 Jan. 1, 1954 3000.00 430.00 July 1, 1954 370.00 3800.00 Jan. 1, 1955 3000.00 ' 370.00 July 1, 1955 310.00 3680.00 Jan. 1, 1956 3000.00 310.00 -, July 1, 1956 250.00 3560.00 Jah,. 1, 1957 3500.00 250.00 July 1, 1957 180.00 3930.00 Jan. 1, 1958 3500.00 180.00 July 1, 1958 :1110':00 3790.00 Jan. 1, 1959 3500.00 110.00 July 1, 1959 40.00 3650.00 Jan. 1, 1960 2000.00 40.00 2040.00 Section o. The Treasurer of the City of Vest Memphis is hereby , authorized and Instructed to include a fee of twelve and one-half cents (12-,- ) for each $100 par value of coupons to be paid with each remittance to the union. • Planters National Bank '4 ru..st Company' in the City of 1.1emphis, Tennessee, for principal or interest of the said $50,000 of bonds of said City. Section 7. It is ascertained and hereby declared that by reason of the ant of proper quarters in which to conduct the business of the city, its business is not properly- conducted, and for want of a proper place to house the fire fighting apparatus the same is being injured by the weather and cannot be brought into action as promptly as necessary, so that there is great danger from fires, and also that many of the streets of the city are in such condition that they are ,--, a peril to persons traveling upon them, and that by reason of the depression many persons are out of work and unable to procure proper food, clothing and shelter, so that their health is. impaired, and these i:.provements will give them employment s .:1 and preserve their health, and for these and other reasons it is declared that an emerJency exists and that this ordinance shall take effect immediately upon its passage. PASSES: AYPRO VED: I'A`OR ATTEST: CITY RECORDER L) Alderman Greece moved that the rules be suspended and the ordinance read the second ti :e. Upon call of the roll the vote of the above motion. was as follows: W. H. Hundhausen Aye . 0.. I. Bollinger Aye Noah Phillips , Aye F. E. Denson Aye I. L. Owen �; :e R. C. Preece . pre The ordinance was then read the second time and Alderman Phillips moved that the rules be suspended and the ordinance read the third time and placed •on final passage, Upon call of the roll the vote of the above motion was as follows: W. Hundhausen Aye 0. I. Bollinger Aye xoah Phillips . Aye F. E. Denson . eye I. L. Owen Aye R. C. Preece . Aye The ordinance was them read the third tine and the question being upon its adoption the roll was called and the vote on said question was as follows: W. H. Hundhausen Aye O. I. Bollinger Aye Noah Phillips Aye . F. E. Denson Aye • I. L. Owen Aye R. C. 'recce. . Aye The emergency clause of the above ordinance was then read b- the City hocorder and upon call of the roll with reference to the adoption of said emergency clause the result of the vote was as follows: W. H. Hundhausen Aye 0. I. Bollinger Aye Noah Phillips Aye �... F. E. Denson Avre I• L. Owen Aye R. C. Preece , Aye .. ERELPO_., the Nayor declared said ordinance and emergency clause duly adopted, the Recorder was directed to spread, ame upon the record of ordinances of said Town and have same published as required by law and to number same City Ordinance No. 77. There being no further business to come be-fore the Council, notion was made with proper second and unanimously adopted to meet again at the same hour and place on Fonday, November 28, 1933. W. H. FUNDF , SEN • I:AY OR ATTEST: J. C. SPOTTS R:;CORDER 201 I IA?LTT:.S Pursuant to last adjournment, the City Council of the City of West Memphis met in an adjourned session in the City Engineer's Office at 11 o'clock a.m., Monday, November 28, 1938, with the following members present: J. 0. Spotts, I. L. Owen, Noah Phillips, R. C. Preece, 0. I. Bol.l'rger, Do}rne Dodd, C. E. Bond, and F. E. Denson. In the absence of the Mayor, City Recorder, J. 0. Spotts, assumed the duties of acting Mayor and presided at 'the meeting. The following proceedings were :.ad towit: The recommendation of R. D. Eberdt, Architect or the City Hall project, Docket ;'[Ark. 1271-r, was presented to the Council. Said recommendation is as follows: REC03TT:TD ,T'IO:T OF TIP .ARCIiITECT L.,r After having carefully reviewed all bids submitted and publicly read, pertain_`ng to Public Works Administration Docket Ho. Ark. 1271—F, City Hall and Fire Station, West ;Memphis, Arkansas, I find that the bid submitted by Frank Lee, of Turrell, Arkansas, in the amount of $39,992.00, base bid less alternates ;os. one (1) through Ten (10) in the amount of $10,815.30, the net amount of the bid being $28,513.70 as being the lowest bid submitted, I therefor rccorn end to the City Council of West Memphis, Arkansas that the bid of Frank Lee be accepted, subject to the approval of the Public Works Administration. F~ITNESS my hand this 28th day of November, 1938. In ARCPITECT The following resolution was introduced by Alderman R. C. Breece who moved its adoption: R;'SOLI'TIO ' LIS= BIDS RECEIVED, DLTEif ING THE LOWEST A.K B PEST BID AND AWARDING CO"TRA^T • r,. .�it.�...1,; The City of '>iest rem,his Arkansas, has advertised bids for the construction of a City Hall and Fire Station in and for the City of West Memphis, Arkansas, and E}irA�; Bids have been received as follows: BASE 'ID ALTERNATES 1 through 10 : ET BID Young ,ti Maury $44,512.00 31006.00 c>;-lts.1 cc 2 only) $43,50E .00 - Frank Lee -3. ,332-.00 10,618.30 18.30 2 ,513.70 'T. A. YcGuire 41,980.00 9483.00 32,497.00 0. E.- Bass 41,274.00 11,: 38.00 29,386.00 Memphis Const. Co. 41,647.00 9395.00 31,452.00 • and, V:17, L2,C: The City Council of West Memphis, Arkansas, is of the opinion that the bid of Frank Lee is the lowest and best bid; : O ! E �N�OI -E IT 1 ?SOI; Er BY TIT CITY CO' ,CIL OF TIT 'IT l OF WEST I_'1I r , ARKAMSAS, SECTION 1. That Frank Leo has submitted the lowest and best bid for the con— flstruetion of the said project. �J Foss_ 1t,$rnalt t:etirelelr} o a e� t the base bid of . 3.',332.00 10313.30, leaving a net bid of e23, 1%70, is hereby accepted.- SECTION 3. That the officials of the City of Nest Memphis upon whom such duty properly devolve shall, and theyphe'reby are directed to prepare and execute in behalf of said City of West L;emp7.is, Arkansas, all necessary contracts and docu— ments relatin;: thereto. This award shall not '.•e effective until the awardee shall have been notified in writing by Wn. H. ?Tundhausen, Mayor, of West Memphis, Arkansas. APPROVED: r� �::,,Y OR OF WEST _-iT PI“IS ATTEST: CITY CLERK Upon proper second to.the above motion by I. L. Owen the roll tiv,as called with reference to the adoption of said motion and the vote was as follows: ` . R. C. Breece Aye C. I. Bollinger Aye Noah Phillips Aye I. L. Owen . Aye F. E. Denson Aye The Acting Mayor thereby declare'. said resolution duly adopted and instructed same to be submitted to the Public Works Administration, Fort Worth, Texas for their approval. • There being no further 'business to come before the Council, upon proper notion with second, same was adjourned to meet agian at the sane hour and place on Tuesday, :'ovember 29, 1938. W. H. ITU DILLSEt MAYOR ATTEST: In J.O.SPOTTS RI C ORDE MINUTES Pursuant to last ad journrien.b- the City Council of the City of Vest Memphis, Arkansas, met in an adjourned session in the City‘Engineer's Office at 11 o'clock a.ra., Tuesday, November 29, 1938, with the following members present: W. F. Fund:hausen, J. O. Spotts, I. L. Owen. R. C. Breece, 0. I. Bollinger, Y. E. Denson, Noah Phillips, C. H. Bond, Doyne Dodd, and Frank Lee. The following proceedings• were had towit: The following resolution was introduced by Alderman 0. I. Bollinger who moved its adoption: R E S 0 I. ?' T I 0 . A. i : S , TIO A TC:I I T7T. CITY OF . :5T t IS, ARKANSAS, TO FILE :1^' APPLICATION TO TFE T.:ITED ST::'IES OF AFL?FJCA, TYROUGI7 THE FEDERAL LIERGE.:''C`_ ALMINISTPATIO'.' OF PUPLIC WORKS FOR Al: ADDITIONAL GRAFT ON PROJECT NO. ARK. 1271-F. :,TERE.S the City of West Memphis, Arkansas has applied to the United States of America through the Federal Emer,Tency Administration of Public Works for a grant - of $13,500 based upon the fact that the City of W,est Memphis was to put up for its - share the sum of $16,500, said sum to be used in the construction of a combination City -all and Fire Station and, WFELEAS said application being designated as project He. Ark. 1271-F, has been approved by the Federal Emergency Administration of Public Works for a grant of 4,448G-Ilstead-e -Cie-epig aI-$16;6A9,-ard • $13,500 and, WE22 LS the City of Vest Memphis did on November 26, 193B, sell $20,000 of its Ponds to finiance its part of said priject, and as a result of said sale the City of West Femphis Las as its share of the project the su,:. of $18,300 instead of the original K16,500, and, an additional ,grant will enable the City of West Memphis to replace some of the alternates contained in the bid, 2O NOW TTER:1 ORE 7E IT RESOLVED -'.Y T ;E CITY O. :EST : EL:FEIS, ALT:. THAT Wm. H. =undhausen, Mayor, be and he hereby is authorized• to execute and filo an application on behalf of the City of West"em his to the United States of America through the Federal Emergency Administration of Public Workk for an addi- tional grant in the sum of $1472.72, making e total grant of $14,972.72, instead of the $13,500 that has already been approved as a grant in project No. Ark. 1271-F. APPRO.= } Wm. H. Lundhausen MAYOR 000 o PASSED ATTEST J. O. Spotts City Recorder Upon pro:er second to the above motion the roll was called and the question being upon its adoption the following voted it the affirmitive: otr. 7. Fundhausen, I. L. Owen, : oah P&illips, R. C. 'Preece, 0. I. nollinger, and . H. Denson. CD '.,? H EBY said resolution was declared duly adopted and certified copy of same ordered mailed to the Public Works Administration at Fort ?`orth, Texas. W ` There being uo further business to cone be :•ore the Council, same vas adjourned to meet again at the same hour and place on TTundhausen J. `. Spotts P.ECORiLit ? NUTES On Tuesday the 13th day of December 1938 t ,e City Council of the City of West " emphis, Arkansas met in regular session in the City Engineer's office at 8 of-clock P.;::. with the following members present W. H. Fundhausen, Vayor J. C. Spotts, Recorder I'oah Phitips, O. I. Bollinger, R. C. Treece, I. L. Owens, F. E. Denson and C. H. Bond, ,Engineer. The following proceedings were had towit. The following Resolution was introducted by 0. I. Bollinger who moved its adoption. RESOLUTION WEE=AS the City of West 'slemphis has been granted certain property upon which to construct a Cite Hall and Fire Station by Eugene Woods, Hemphis, Tennessee and, WEEREAS the City Council of the said City of Host Memphis feel it is indebted to r. Woods for this consideration is desirous of compensating •i.;r. Woods in some manner. IWO BE IT TI R.EFOUE RESOLVED that the I`ayor of West :'emphis be and is hereby instructed to fill in a certain lot which lies between the proporty deeded by hr. Woods to the City of West Memphis and the site at present occupied by the Tvest remphis Tourist Court, beginning on the north side of • said lot and sloping _ acl: to the surface level the same as that bein7 filled in on the lot, and also to grade and condition streets around and adjacent to said property and to place culvorts where needed. 6. H. Fundhausen _`a.yor ATTEST J. O. Spotts eoorder Upon second of the above notion the roll was called and the voting was as follows: • W. E. Hundhausen AYE F. E. Denson AYE • + Noah Phillips AYE I. L. Owens AYE R. C. Breece AYE 0. I. Bollinger AYE The Council by unanimous vote agreed to pay z-'oah Phillips a monthly salary of .63:: .00 per month in connection with his duties as supervisor of street and [I]drainage maintenance and repair beginning December 1, 1938, and the recorder was instructed to draw monthly warrants to this effect. The Mayer was also instructed by the Council to have the Steet o:' each side and back of the lot upon which the City Hall is being constructed,. graded and graveled and instructed the assistant City Engineer to proceed with this work immediately. There being no further business to come before the council sane was adjourned. . • W. F. I undhausen Mayor ATTEST J. 0. Spotts :recorder MINUTES On Wednesday, the 21st day of December 1938 the City Council of the City of West Memphis, Arkansas met in special session in the City Engineer's office at 7:30 p. Y., all members having had due notice as required by law, all being present as follows: W. H. Uundhausen, Uayor, J. 0. Spotts, hecorder, f Noah Phillips, F. E. Denson, 0. I. Bollinger, R. C. Breece, and I. L. Owens. 1 • The following proceedings were_had towit; The following resolution was introduced by 0. I. Bollinger, who moved its adoption; RESOLUTION WHEREAS: The Union Planters National Bank & Trust Company, of Memphis, Tenn, has delivered 50,000.00 in City of West Memphis 4% Bonds, said bonds to be certified by the said Union Planters National Bank, as the Certifying Agent named in the City Bond Ordinance No. 77, and, WHEREAS: The City of West Memphis holds in the office of its Recorder receipt from the Union Planters National Bank and Trust Company pending certification and delivery of said bonds, NOW THEREFORE BE IT RESOLVED: that the Union Planters National Bank & Trust Company, be and are hereby authorized to deliver tie said bonds in the aggregate sum of 50,600.00, upon their certification by the said Union Planters Ua`..' onal Bank & Trust Company, to Wt. H. Hundhausen, Mayor or to J. 0. Spotts, recorder of the City of West Memphis, Arkansas, and to accept in lieu their receipt thereof. W. H. Fundhausen, Mayor or r-, ATTEST J. 0. Spotts �-- Recorder Upon proper second to the above motion the roll was called and all members voted in favor of its adoption. There being no further business to come before the council same was adjourned to meet again on Wednesday December 22, 1938. W. H. Hundhausen Mayor ATTEST J. 0. Spotts Recorder 203 MINUTES Pursuant to the last adjournment, the City Council of the City of West Memphis, Arkansas wet in the City Engineers' office at 7:30 P M on Thursday, December 22, 1938 with the following members present, W. H. Hundhausen, Mayor, J. C. Spotts, Recorder, Noah Phillips, F. E. Denson, C. I. Bollinger, R. C. Treece, I. L. Owens, and C. F. Bond, City Engineer. It being the purpose of this meeting to ally and pay claims for various accounts due and payable from the funds received from the sale of $50,000.00 Bond Issue . The , -, following resolution was introduced by Alderman 0. I. Bollinger, who moved its adoption. RESOLUTION WHEREAS, the City of West Memphis is indebted to various firms and individuals for labor, materials and services furnished and performed on the streets side walks and . City Hall Improvements. WHEREAS, the City of West Memphis has received from the sale of 4 percent bonds in the amount of : 50,000.00 net proceeds of $45,866.67. NOW TaREFORE BE IT RESOLVED, that the City Recorder being and is hereby instructed ...� to draw warrants against the Construction and Streets Improvement Fund, is hereby <� authorized to pay same as follows: kCJ = R. D. Eberdt, Architect $ 855.41 Tennison Brothers $ 48.00 -" Doyne Dodd, Attorney 201.80 Commercial Appeal 1.60 Johnson Auto Company 1,649.68 Gazette Publishing; Co 1.50 Wallin Dickey & Rich Lmbr Co 179.27 Western Union 1.22 Crow Creek Sand & Gravel Co 115.80 Pidgeon Thomas 67.62 Democrat Printing & Lithographing Co 86.96 Cash Lumber Company 60.49 Rose, Hemingway, Cantrell & Lough- C. E. Sayer 867.00 borough 425.00 Mrs. A. R. Romines 14.40 Sid F. Redding 2.60 Ronald Blackford 764.32 G. V. Moffatt 225.60 Fred Lyons 5.34 Z. S. Edwards 67.50 C. F. Bond, City. Engineer 600.00 Guy Poole 134.70 Willie Crowder 9.60 West Memphis News 61.00 Ruck Weaver 5.00 Crittenden County Times 99.50 Upon proper second to the above motion, the roll was called, and all members voted in favor of paying the above bills. The following resolution was introduced by Alderman R. C. Breece, who moved its adoption. R DSOLUTIO N WHEREAS, The City of West Memphis, through the aid of the Federal Administration of Public Works is constructing a City Hall and Fire Station, and WHEREAS, It was originally comtemplated that the City would furnish the sum of Sixteen Thousand and Five Hundred Dollars, (016,500.00), which would permit the Public Works Administration to grant the sum of Thirteen Thousand and Five Hundred Dollars, t 013,500.00),,500.00), or 455 of the total, and 1ER'. AS, The City of ;`test Memphis now has available from the sale of its bonds the sum of Eighteen Thousand Three Hundred Forty Six Dollars and Sixty-seven Cents, (`n18,346.67), or One Thousand Eight Hundred Forty-Six Dollars and Sixty-Seven Cents in excess of the amount originally comtemplated, and 'Id'EREAS, This additional sum entitles the City of West Memphis to apply for a larger grant from the Federal Administration of Public Works, NOW THEREFORE, BE IT RESOLVED BY THE CO` NCIL OF THE CITY OF WEST L.EMPHIS, that the • ayor be, and is hereby is, empowered and authorized to request of the Federal Adminis- tration of Public Works a Project Change Order, asking the PWA to approve changes in the amount and distriH.ution of funds for Project No. Arkansas 1271-F, said changes being set out in a separate instrument titled "project Change Order Request". (PV Norm 194-R5). RE IT FURTHER RESOLVED THAT (a). "The sum of $1,846.67, which is on hand and available for the purpose of construction, is hereby appropriated for such purpose. The City Treasurer is hereby ordered to do all things necessary to transfer said sum to the construction account." (b) . "It is, THEREFORE, ORDERED that the funds available for the construction of the above project be redistributed and reappropriated to the payment in the amounts and for the purposes hereinabove set forth." (c) . "The Mayor is hereby authorized to execute all necessary documents to secure the approval of the changes sought". W. f. Hundhausen mayor PASSED: ATTEST: Upon proper second to the above motion the roll was called and all members present voted in favor of its adoption. There being no further business to come before the meeting same was adjourned. W. F. 7undhausen Mayor ATTEST: J. O. Spotts Recorder " MINUTES" On Tuesday the 10 day of January 1939, the City Council oe the City of West Memphis Arkansas met in regular cession in the City Engineer's office, at eight o(clock P. M. with the following members present: J 0 Spotts, Recorder; Noah Phillips, F E Denson, 0 I Bollinger, R C Breeoe and I L Owens, City Engineer k C H Bond. Mayor Hundhausen being absent. II] It being evident that Mayor Hundhausep, being out of the City, that it might be best to adjourn until some future date. Acting Mayor J 0 Spotts called for motion to this effect. Said motion was made by 0 I Bollinger and with proper sedond, the meeting was duly adjourned to meet again at the same hour and place on Wednesday the llth day of January, 1939. J. 0. SPORTS, Acting Mayor. • Attest: R C Brrce, Acting Recorder. • MINT UES Pursuant to last adjournment, the City Council of the Vity of West Memphis met in an adjourned cession in the City Engineer's office at eight #'clock P. M. with the following members present: W H Hundhausen, Mayor, J 0 Spotts, Recorder F E Dendon, R C Beece, I L Owens, Noah Phillips, and 0 I Bollinger, C H Bond, City Engineer, and the following proceeding s were had towit:- The City recorder was instructed to buy now 1939 City License Tags and that same were to be in same color as current state tags, and to byy 400 tags. The West Memphis Federal Savings & Loan Association having filed complaint that the annual privilege license of $50.00 was an exhorbitant amount, this matter was taken up by the council and after discussion, the Recorder was instructed to write the said West Memphis Federal Savings & Loan Ass's. that the Sum of $25.00 would accepted in payment of delinquent 1938 license but that the annual license for 1939 and thereafter would be as assessed le; $50.00 • 207 The City Council then authorized payment of the following bills: J. C. McCaa $ 1.50 E. B. Crawford $ 5.51 J. H. White 12.00 The Mirro Reflex Co. 27.00 Balton & Sons 28.00 Crittenden Co. Times 34.50 West Memphis Nursery 10.20 Ark. Power & Light Co. 5.10 James Moore 5.00 Union Planters Natl. Bk. &Tr. Ctr. 25.40 Jimmie -Powell 1.50 Johnson Auto Co. 138.71 West Memphis News 13.20 Tri-State Culvert Co. 425.60 The City Council by unanimous vote authorized the payment of 1.50 each, to the officers holding the two special electiots relative to the City Bond issue held on Sept. 7th, 1939, and October 25th, 1939, respectively. The City Council authorized by unamimous vote the purchase of a new dump Truck similar to the one now owned by the said city, to be used exxl.usive- lY for City Street repair and maintenance, and drainage. There being no further business to come before the meeting same was adjourned. W. H. Hundhausen ATTEST: Mayor J. 0. Spotts Recorder e--I " MINUTES" On Friday Jan. 13, 1939, the City Couneilof the city of West Memphis met in a special session in City Engineer's office at 3 O'clock P.M. All members having been duly notified as required by law, all members present as follows;JY. H. Hundhausen, Mayor, J. 0. Spotts, Recorder, C. H. Bond, Engineer Doyne Dodd, Attorney, all Aldermen, Noah Phillips, F. E. Denson, 0. I. Bollinger R. C. Breece, and I. L. Owens. The following; precedings were had to-w it: R. C. Breece introduced a proposed resolution and moved its adoption. The resolution was read in full. I. L. Owens seconded the motion.The motion was carried by the following vote. Ayes,6, W. H. Hundhausen, F.L. Denson, 0. I. Bolinger, Noah Phillips R. C. Breece, and I. L. Owens. Noes: None The Mayor announced that the resolution had been finally passed. The resolution is as follows: ACCEPTING AN OFFER OF THE UNITED STATES OF AMERICA TO AID EY WAY OF GR:_NT IN FINANCING A PROFECT THEREIN DESCRIBED. BE IT RESOLVED by the city council of The City of West Memphis, Arkansas* 1. That the offer of the United States of America to The City of West Memphis to aid by way of grant in financing the construction of a municipal building, including necessary jail equipment, daid offer reading as follows: P. W. 86635-11 FEDERAL EMERGENCY ADMINISTRATION OF PU3LIC WORKS Washington, D. C., Dated: Jan7, 1939 Dookot No. Ark-1271-P The City of West Memphis, West Memphis, Crittenden County, Arkansas. 1. Subject to the Terms and Conditions (PNA Form No. 230, as amended to the date of this Offer), Which are made a part hereof, the United States of America hereby offers to aid in financing the construction of a minicipal building, including necessary jail equipment (herein called the "Project"), by making a • grant to' The City of West Memphis ( herein called the "Applicant" ), in the amount of 45 percent of the cost of the Project upon completion, as determined by the Feder,al Emergency Administrator of Public Works ( herein called the • "Administrator"), but not to exceed, in any event, the sum of $14,972. 2. By, acceptance of this Offer the Applicant covenants to complete the Project with all practicable dispatch, and in any event by May30, 1939. 3. This Offer is made subject to the express condition that, if the Administrator shall determine at any tine that the Applicant has paid or agreed to pay, whether directly or indirectly, a bonus, commission or fee to any persop, firm or corporation for attmr.►pting to procure an approval of the Applicant's ap- plication, or for alleged services in procuring or in attempting to procure such approval, or for activities of the nature commonly known as lobbying performed or agreed to be performed in connection with the application, then the Administrator shall have the right, in his discretion, to rescind this Offer and any agreements resulting herefrom, and, in the event of such rescission, the United States of America shall be under no further obligation hereunder. 4. The acceptance of this Offer by the applicant shall effectuate a cancellation of the contract created by the acceptance of the Offer dated Oct- ober 6, 1938, made by the United States of America to the Applicant: Provided, that the cancellarion of such contract shall not impair or vitiate any acts performed or proceedings taken thereunder prior to such cancellation, but acts or proceedings may be continued under the contract created by the acceptance of this Offer. UNITED STATES OF AMERICA Federal Emergency Administrator of Public Works. • By (signed) H. A. Gray Assistant Administrator be and the same is heresy in all respects accepted. r 2. That said The City of West Memphis, Arkansas, agrees to abide by all the Terms and Conditions of said offer, including the Terms and Conditions annexed thereto and made a part thereof. 3. That the Recorder be and her is hereby authorized and directed forthwith to send to the Federal Emergency Administration of Public Works three certified copies of the proceedings of the City Council in connection with the adoption'of this Resolution, setting forth this Resolution in full, and such further documents or proofs in connection with the acceptance of said offer as may be requested by the Federal Emergency Administration of Public Works. PASSED AND APPROVED THIt_ . 13th day of January, 1939. W. H. Hundhausen Mayor (seal) ATTEST: J. C. Spotts Recorder The following change order request was proposed by Noah Phillips. Upon proper second to above motion the roll was called and the result was as follows; Ayes, It— lA r H`.'Hiihd iauseri tra ns`•Bal ti`"'l+Foa C P1 ipa;oar' (I] F. E. Denson, H3.► (de Brsecie, -I.' L: Owens , C. ?`• Bond, City !foee, None. The proposed change order request is as follows: PW Form 194-R5 Owner's change Order (11-20-37) PROJECT CHANGE ORDER REQUEST No. TO: Mr. Geo.M. Bull PWANo• Regional Director, PW. Electric Building Docket MC. Ark- 1271-F Fort Worth, Texas Eng. Ref. Yc. Name of project City Fall & 209 It is requested that you approve changes in the (amount and ) distril:ution of fund* for the aobve project, as hereinafter set out: Total amount of funds available to date 31,,800.00 Total amount of this change 1,472.00 Total amount of funds available including this change.. 33,272.00 The (increase) (decrease) in funds is to be distributed according to the following tables ITEM INCREASE 1. Preliminary 2. Land, etc. 3. construction 1,388.16 4. Engineering 77 .86 5. Legal, etc. 105 .96 6. Interest 7. Miscellaneous Totals $ 1,472.00 Net Change (increase) $ 1, 472.00 (a) " The sum of $ 1,472.00, which is on hand and available for the purpose ,--I of Construction is hereby appropriated for such purpose." The City Cfl Treasurer is hereby ordered yo do all things necessary to transfer said stun to the construction account. (C) " IT IS THEREFORE, ORDERED that the funds available for the construction of the above project be redistributed and reappropristed to the payment in the amounts a, d for the purposes hereinabove set forth. (d) , " The proper person is hereby authorized to execute all necessary documents to secure the approval of the changes sought." THE STATE OF ARKANSAS ) COUNTY OF CRITTENDEN ) ) I, Mill. Hundhausen, May or of the City of West Memphis, Ark. DO HEREBY CERTIFY That the above and foregoing application for changes has been duly authorized by the £oYerning body of the City of West Memphis of Vest Memphis, Arkansas and tat included in the above is an excerpt from a resolution duly enacted by such governing body. WITNESS MY HAND AND TI?E SEAL OF SAID City of West Memphis this the 13th day of January, 1939. Wm. H. Hundhausen Mayor There being no further business to come before the meeting same was adjourned. W. H. Hundhausen Mayor ATTEST: J. O. SS o Recorder 41U "MINUTES" On Tuesday, the 14th day of February, 1939, the City Council of the City of West Memphis met in the City Engineer's office at 8 O'clock P. M. with the following members present: W. H. Hundhausen, Mayor, J. 0. Spotts, Recorder, C. H. Bond, Engineer Doyne Dodd, Attorney, 0. I. Bollinger, Noah Phillips, I. L. Owens, F. E. Denson, and R. C. Greece, Aldermen. The following proceedings were had towit: The council by unanimous vote assessed an annual privilege license on Frozen Food Lockers Plant, y fo o The following resolution was introduced by Alderman Phillips, who moved its adoption: RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WEST MEMPHIS, IN REGULAR SESSION ASSEMBLED: That the Bank of West Memphis, be, and it hereby is designated as the Depository for the said City of West Memphis. W. H. Hundhausen _ Mayor PASSED: ATTEST: 2 - 14 - 39 Upon call of the roll all members present voted in favor of the adoption of the above resolution. The City Council by unanimous vote authorized the City Engineer to pro- ceed with the purchase and installation of two new sewer pumps at a cost not to exceed $200.00 The council by unanimous vote authorized the Mayor and City Engineer to ask and receive bids on a concrete mixer for city use, and further authorized the City Mayor and City Engineer to make purchase, and authorized the City "l Recorder to issue warrent in payment of said concrete mixer. Purchase to be made on the above parties' good judgment. The City Council by unanimous vote authorized the purchase and install- ation of a Heating Plant in the new City Hall building, cost not to exceed $1550. The City Council by unanimous vote authorized a 30 day extension of time on contract with Frank Lee on City Hall construction job. The following bills and allowances were presented for approval, passed upon, and payment duly authorized: Wallen-Dickey °: Rich Lumber Co. $543.69 Arkansas Power & Light Company 11.73 J. H. White 11.91 J. A. Riggs Tractor Co. 6.75 National Funeral Home 14.34 Western Union 3.44 L. P. Bernhard 5.00 J. G. Spotts, Circuit Clerk 3.00 W. J. Cooley & Co. 40.00 Crittenden County Times 9.00 McCaa Chevrolet Co. .60 Johnson Auto Company 409.72 Crow Creek Gravel Co. 150.00 Thrifty Drug Store If5=Teo 3.7r Dacus Lumber Company 5.95 Cash Lumber Company 6.15 Doyne Dodd 40.00 G. G. Keitzman 150.00 C. H. Bond 85.00 R. D. Eberdt 50.00 There being no further business to come before the meeting, same was adjourned. W. H. Hundhausen Attest: Mayor J. 0. Spotts Recorder 211 "MINUTES" ' On Tuesday, the 14th day of March, 1939, the City Council of the City of West Memphis met in regular session in the City Engineer's office, Bank of West Memphis Building, at 8 o'clock P. M. with the following members present: W. H. Hundhausen, Mayor, J. 0. Spotts, Recorder, Noah Phillips, F. E. Denson, I. L. Owens, R. C. Breece, and 0. I. Bollinger, Aldermen, C. H. Bond, Engineer, Doyne Dodd, Attorney, and Frank Lee. The following proceedings were had towit: The following resolution was introduced by 0. I. Bollinger, who moved its adop- tion: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF WEST MEMPHIS, IN REGULAR SESSION ASSEMBLED, ALL MEMBERS BEING PRESENT: Section 1 That the Mayor and City Recorder be, and they hereby are, empowered and authorized by the Council to enter into negotiations with the Bank of West Memphis, whereby the said City of West Memphis may issue General Revenue Warrents in the sum of fifteen hundred and fifty dollars, ($1550.00), said warrants to be payable out of the 1938 General Revenue tax, to be collected by Howard Curlin, Collector for Crittenden County, said warrants being payable on or before September 15th, 1939, the interest on CSC the aforesaid sum to be paid to the Bank of West Memphis in advance. W. H. Hundhausen Mayor Passed: 3 - 14 - 39 Attest: J. O. Spotts Recorder Upon call of the roll all members present voted in favor of the adoption of the above resolution. The City Council by unanimous vote resolved to waive any penalty imposed upon Frank Lee, Contractor, by virtue of his not being able to complete the City Hall con- tract within the stipulated time. The Council by unanimous vote authorized the refunding of privilege license assessed and collected pt D. Hutchinson. The following ordinance was introduced by Alderman 0. I. Bollinger and read the first time: ORDINANCE NUMBER 78 AN ORDINANCE PROVIDING AND REGULATING THE CONSTRUCTION, REPAIR, MAINTENANCE AND al LOCATION OF SIDEWALKS IN THE CORPORATE LIMITS OF THE CITY OF WEST MEMPHIS, ARKANSAS. Be it ordained by the Council of the City of West Memphis, Arkansas, in regular session assembled: Section 1. That the owners of any real property abutting upon the streets of West Nemphis as hereinafter mentioned in this section, be, and they are hereby required to build and construct within months after the passage of this Ordinance, and where same abuts thereon and between the streets as named hereinwith the specifications as set forth in section 8 .and 9 of this ordinance, to wit: ALL STREETS AND AVENUES WITHIN THE CORPORATE LIMITS OF THE CITY OF WEST MEMPHIS. Section 2. That if the owner of any of said property shall fail or refuse to comply with the provisions of this ordinance arplicable thereto with reference to the building, maintaining or repairing sidewalks in the nanner and within the time pre- scribed therefor, the City Engineer, with the authorization of the City Council, after having given notice herein provided to such owner or agent in charge of said property of its intention to do so, may contract with some suitable person or Govern- ment Agency for the construction or repair of sidewalks on the best terms that can be made, which person or Government Agency shall construct, re-construct or repair such sidewalks in the manner prescribed by this ordinance under the direction or supervision and subject to the approval of the City Engineer. That the amount paid or to be paid to such person or Government Agency for the building, re-building or repairing said sidewalks together with a 6% penalty added thereto, shall constitute a charge against the owner of said property, and shall be a lien on said property from the date of the commencement of the said work--said charge and lien to be assignable by the City-- said charge to be recovered in an ordinary suit against the owner by said City of its assignee; or said lien to be foreclosed by said City or its assignee by a suit in equity in the courts having jurisdiction of suits for the enforcement of liens upon real property--for a sale of said property for the payment of the sums so paid by said City, together with the interest, penalty and costs of suit, said suit in equity to be brought in the manner and under the terms now provided by law for the foreclosure of property by Improvement Districts so far as applicable, provided that the City is authorized to accept the actual cost to it of said work.without penalty or interest if the same is paid within sixty days after the completion of said work. • Section 3. That the notice to be given by the City Engineer to property owners as above provided shall be in substance as follows: Office of City Engineer West Memphis, Arkansas. 19 CITY SIR: You are hereby notified that unless you construct, reconstruct or repair, (as the case may be) a sidewalk in front of (here describe prop- erty) within twenty days from the service of 9this notice, in accordance with Ordinance No. % , passed on the ) day of `- ! , the same will be constructed by us /under a contract with some suitable person, and the cost thereof, together with six percentum added thereto and six percentum interest and cost, shall constitute a charge against you and shall be assessed as a lien on the property herein described from the date of the commencement of said work, which charge and lien will be assigned to the said person or persons doing said work, or to other persons if so desired by the. City, said charge to be recovered and said lien to be foreclosed in appropriate suits against you as provided in said ordinance; provided that the City is authorized to accept the actual cost of said work without penalty or interest if the same be paid within sixty days after the completion of said work. CITY ENGINEER BY ATTEST: CLERK Section 4. The aforesaid notice shall be served upon said property owner by delivering him a copy thereof or if he refuses to receive it, by offering a copy thereof to him, or by leaving a copy of said notice at the usual place of abode of said owner, with some person who is over sixteen years of age and a member of his family. If the owner is not to be found in the City, or if the owner is un- known, service shall be made by delivering a copy to the known agent in charge of the property and if there be no known agent in charge of the property in the City of West Memphis, then service shall be had by affixing a copy thereof to the prop- erty in some public part thereof, or by publishing a copy thereof in some daily or weekly newspaper published in said City for one insertion. Said notice may be served by the City Engineer or any member of the Police Department of the said • City and the endorsement upon said notice by the officer serving the same shall be sufficient evidence of his action in the premises. Section 5. That if any sidewalk shall not be constructed, reconstructed, repaired or maintained as provided herein within the time and in the ,canner men- tioned in said notice and to the satisfaction of the City Engineer or his duly authorized agent, the City Engineer if so authorized by the Council, is hereby authorized to contract for the doing of same in accordance with this ordinance. An accurate account shall be kept by it for the amount paid the person with whom it contracts and if shall report the same to the City Council, together with a concise statement of the facts with reference thereto. Section 6. No permit shall be granted by the City Engineer to any contractor for the building or construction of any sidewalks within the City of (lest Memphis until the said contractor shall have first filed with the City Engineer a good and sufficient bond in the penal sum of $1,000.00 for the use and benefit of the City of West Memphis, conditioned that said contractor shall build and construct said sidewalk in accordance with the requirements set out herein applicable to the building of sidewalks. Said bond shall remain in force for the period of one year after said work shall have been completed. • Section 7. No permit shall be granted by the City Engineer to any contractor for the building or construction of any sidewalks and curbs in the City of West 'lt Memphis unless said contract requires that said sidewalks be built in accordance with the grades fixed by the City of West Memphis. The failure of any person to obtain the permit required herein or the failure of said contractor to post the bond as provided for herein, or the issuance of a permit to a contractor for the construction of a sidewalk at a grade different to that established by the City without the authorization of the City Council shall each and all be deemed e misdemeanor and any person, firm, or corporation violating said provisions, upon . conviction, shall be fined in any sum of not more than t250.00. Section 8. That all sidewalks provided for in this ordinance shall be con- structed according to the following provisions and specifications; They shall be constructed of concrete and shall not be less than four. feet in width. In the construction thereof, the contractors shall comply with the following rules, regulations and provisions: (1). CONCRETE WALKS-FOUNDATION-EATERIALS-MANNER OF CONSTRUCTION. In excavating for concrete sidewalks the ground shall be brought to a sub-grade of not less than four inches below the finished grade of the walks and said sub-grade shall be thoroughly tamped, if necessary, to afford a solid foundation. In newly filled or marshy ground, cinders or dry gravel must be spread on top of the ground and tamped until a good firm surface is formed. After forms are in place, a templet is to be used for test, which is to be the full width of the walk and four inches in depth below top of forms. In no instance must the surface .-a of the ground be higher than the base of the templet. Upon the foundation shall be placed a course of concrete to be composed of one part of Portland cement, two parts of crushed stone or gravel, of size not less than one-fourth, or more than one inch in greatest dimension. Concrete shall be thoroughly mixed, then paced .„• r, and tamped, all to the satisfaction of the City Engineer or his representative. After tamping is completed the surface of the concrete shall be floated to a smooth surface. The Portland cement shall be of known standard brands, or of same quality, and at all times subject to the acceptance of the City Engineer or his represent- ative, and tests usual for Standard Portland cement. The top, or wearing surface, shall be blocked off, so that no block shall be longer than the width of the side- walk. All corners shall be rounded off so as to leave no square edges or corners. Expansion joints shall be placed at not more than 35 ft. intervals. (2). CROWNING OF WALKS, PROHIBITED-FITCH.-The practice of crowning the walks is hereby prohibited, and all walks shall be constructed with a flat surface, pitching toward the curb at a rate of 1/8" per foot. (3) . TESTING OF BY CITY ENGINEER.-City Engineer shall, before accepting newly finished sidewalks, have power to compel contractor to chisel hole three inches in diameter in any block of sidewalk to test thickness of material according to specifications, if there is any reasonable doubt as to work done, and is there is any shortage, and such shortage amounts to more than one-half inch, said City Engineer, or his agent, may condemn same and refuse acceptance. Contractor must fill such test holes at his expense. City Engineer shall not have more than one such hole drilled to every 50 lineal feet of sidewalk. Section 9. If any person shall build or assist in building any sidewalk where no grade has bean established without first applying for a grade therefor from the City Engineer, or contrary to any grade which may be obtained from such officer or shall build, or assist in building said sidewalk contrary to any grade which may be hereafter established by the City Council or contrary to any of the provisions of this ordinance, he shall in either case, be subject to a penalty of $25.00 for every offense, and to a like penalty for every day he shall fail or refuse to reconstruct the same after notice by the City Engineer to remove or reconstruct the same. Section 10. VETERS- All meters, stop boxes and like contrivances hereafter installed by water and gas companies and others doing a like business are hereby required to be placed on a level with the sidewalk and just immediately next and inside to the curb line. Section 11. REPAIR AND MAINTENANCE- Every owner or occupant is required to keep the sidewalk in fromt of his premises clear of obstructions, encroachments of any and all kinds and particularly, obstruction by grass, weeds and other growth substances and things. It shall be such owner's or occupant's duty to keep the said sidewalk in a good state of repair, and particularly to prevent any damage thereto by the roots of growing trees, and it is their further duty to sweep said sidewalk as often as it is necessary to keep the same reasonably clean. Any person, firm or corporation, after having been warned to remove any obstruction or encroach- ment or to make any reasonable repair or to sweep the sidewalk in front of his premises by any police officer or by the City Engineer, who shall fail to do so, shall be fined in any sum not more than $50.00, and each and every day continued refusal to comply with the request as set out herein, shall be deemed a separate offense. Section 12. WEIGHTS AND LOADS- The throwing or dropping of weights or other objects, or the transmission of loads across the sidewalks in the City of West Memphis, or putting the sidewalks to any other use that might tend to injure the same, is hereby prohibited. Section 13. OBSTRUCTIONS- No person or persons shall use any sidewalk located within the Corporate limits of the City of v'+est Memphis for the sale of goods, wares, merchandise or display purposes, or in any wanner calculated to obstruct said sidewalks. Section 14. VIOLATIONS- Any person, firm or corporation who shall violate any of the terms or provisions of this ordinance shall be deemed guilty of a misdemeanor and upon conviction thereof, shall be fined in any sum not more than $25.00. Section 15. EMERGENCY CLAUSE--WHEREAS, because of the lack of sidewalks, citizens are now compelled to walk in the streets, thereby endangering their health and safety, an emergency is hereby declared to exist, and this ordinance shall be declared to be in full force and effect from and after its passage. W. H. Hundhausen MAYOR PASSED 3 - 14 - 39 ATTEST J. 0. Spotts RECORDER Motion was made by F. E. Denson that the rules be suspended and the ordinance read the second time. Upon call of the roll the vote on 'above motion was as follows: W. H. Hundhausen AYE F. E. Denson AYE Noah Phillips AYE I. L. Owens AYE R. C. Breece AYE 0. I. Bollinger AYE The ordinance was then read the second time and motion was made by Alderman R. C. Breece that the ordinance be read the third time and placed on final passage. Upon oall of the roll the vote on the above motion was as follows: 11 W. H. Hundhausen AYE F. E. Denson AYE Noah Phillips AYE I. L. Owens AYE R. C. Breece AYE 0. I. Bollinger AYE Whereupon the ordinance was read the third time and the question being upon its adoption, the roll was called and the vote was as follows: W. H. Hundhausen AYE F. E. Denson AYE Noah Phillips AYE I. L. Owens AYE R. C. Breece AYE 0. I. Bollinger AYE The vote was then taken upon the adoption of Section 15, the Emergency Clause, of said ordinance, and the result of this vote was as follows: W. H. Hundhausen AYE F. E. Denson AYE Noah Phillips AYE I. L. Owens AYE R. C. Breece AYE 0. I. Bollinger AYE Whereupon the Mayor declared said ordinance duly adopted. The Recorder was directed to spread same upon the Record of Ordinances of the City of West Memphis, to have same published as required by law, and to number same ordinance No. 78. The following bills were then presented for payment: r_i Arkansas Power & Light Company $ 5.10 Guy Poole 2.00 B. L. Atkins 1.50 • Dewey Stokes 4.00 J. A. Riggs Tractor Company 12.40 Johnson Auto Company 95.70 Manhattan Rubber Company 250.00 Motion was made by O. I. Bollinger and unanimously approved for payment of all the above bills. There being no further business to come before the Council, same was adjourned. • W. H. Hundhausen Attest: Mayor J. 0. Spotts,- Recorder 215 MINUTES On Friday, the 24th day of TZe rch, 1939 the City Council of the City of West Memphis met in a special called cession in the City Engineer's office, Bank of West Memphis Building at eight o'clock P. M. all members having had due notice as required by lavr, and the following being present: W. H. Hundhausen, Mayor, J. 0. Spotts, Recorder, Doyne Dodd, Attorney, C. H. Bond, Engineer, Npah Phillips, F E Denson, I L Owens, R C Breece and 0. I. Bolin4er, Aldermen, and. Frank Lee, Contractor on City Hall Project. The following proceedings were had towit: Alderman Phillips introduced the following resolution a nd moved it's adoption. RESOLUTION RESOLUTION OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, IN A SPECIAL CESSION ASSEMBLED, PURSUANT TO A CALL BY THE.MAYOR, ALL METIERS BEING DULY NOTIFIED, AND SIX MEMBERS BEIl`?G PRESENT, SAID NUMBER CONSTITUTING A QUORUM: Section 1. WHEREAS there is no minimum hourly wage rate fixed in the spec- ifications for the City Hall and Fire Station, West Memphis , Arkansas, FAA Dockt No.1271-F, for "Hoist Operator". rl NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WEST MEMPHIS, owners of the above project, that the following wage rates be,. and the same are hereby established as the minimum wage rate for persons employed as hoist operator; WAGE RATE PER HOUR - - - Hoist Operator - - - 50 cents per hour. W. H. HUNDHAUSEN, Mayor Attest; J. 0. Spotts, Recorder. The council by unanimous vote adopltted the above resolution. The council also by unanimous vote authorized Project Change Order No.5 of r` the City Hall and Fire Station Project, which. change order called for the installation of S1,509.22 for Jail Equipment in said City Hall. There being no further business to come before the meeting, sane was adjourned. N. H. HU'BHAUSEN, Mayor. Attest: J. 0. Spotts, Recorder. "MINUTES" On Tuesday, the llth day of April, 1939, the City Council of the City of West Memphis met in regular session in the City Engineer's office back of Bank of West Memphis, at 8:00 P. M., with the following members present: W. H. Hund- hausen, n`ayor, J. O. Spotts, Recorder, Doyne Dodd, Attorney, C. H. Bond, Engineer, Noah Phillips, R. C. Breese, F. E. Denson, 0. I. Bollinger, and I. L. Owens, Aldermen. Frank Lee, Contractor and Gould, APA Engineer, were also present. The following proceedings were had to wit: The following motion was introduced by Alderman 0. I. Bollinger who moved its adoption: RESOLUTION BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WEST MEMPHIS, IN REGULAR SESSION ASSEMBLED: That the City of West I' emphis contribute the sum of $1,000.00 out of its general revenue for the purchase of jail equipment for the West ILemphis City Hall, and that the Vayor and Recorder are hereby instructed to draw warrent, and the Treasurer is hereby instructed to pay same for said amount and purpose. Upon call of the roll the above Resolution was unanimously adopted. The following Resolution was introduced by Alderman R. C. Breese who moved its adoption: RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST MEIyPHIS, IN REGULAR SESSION ASSEMBLED: That the City of West Memphis contribute the sum of $1,400.00 out of the general revenue fund to be used in the purchase of a heating plant for the West Memphis City Hall, and the Mayor and Recorder are hereby instructed to draw warrent, and the Treasurer is hereby instructed to pay same for the above amount ,--� and purpose. Upon call of the roll the said Resolution was unanimously adopted. ..� The following Resolution was introduced by Alderman Noah Phillips who moved its adoption: RESOLUTION BE IT RESOLVED BY THE COUNCIL Or THE CITY OF WEST bEMPHIS, ARKANSAS, IN REGULAR SESSION ASSEMBLED: That Doyne Dodd, City Attorney, be and he is hereby authorized to make application to the Federal Emergency Administration of Public Works for a thirty day extension of time in which to complete the project. W. H. nundhausen Mayor Passed: 4-11-39 Attest: J. 0. Spotts Recorder Upon call of the roll the above Resolution was unanimously adopted. The City Council authorized and instructed the City Attorney to proceed with the collection of delinquent sewer accounts, writing letters urging that these accounts be brought up to date. The following Resolution was introduced by Alderman R. C. Breese who moved its adoption: RESOLUTION BE IT RESOLVED BY THE COUNCIL OF REST LEI PHIS, ARKANSAS, IN REGULAR ,ESSION ASSEMBLED: Section 1. WHEREAS, The City of West Memphis is deeply grateful to the Federal Emergency Administration of Public Works for the aid furnished said City by the said PWA in the construction of a City Hall and Fire Station, and Section u. WHEREAS, The City of West Memphis is anxious to adknowledge its appreciation to the Federal Emergency Administration of Public Works for its invaluable aid, NOW THEREFORE BE IT RESOLVED that two bronze plaques by purchased, one to be inscribed with a brief summary of the project, stating that it is a PWA project; the other to be inscribed with the names and titles of the officials of the City of West Memphis; said plaques to purchased by voluntary donations of the said officials of the City of West Memphis. W. H. Hundhausen Mayor • Passed: 4-11-39 Attest: J. 0. Spotts Recorder Upon call of the roll the above Resolution was unanimously adopted. '1 ti V The following bills were offered for approval and payment: Crittenden County Times $ 11.80 C. H. Bond (Telephone Bill) 10.45 Arkansas Power Light Company 5.10 Western Union 9.04 I::. C. Tyler 3.00 Lee Holland 1.50 A. R. Taylor Company 9.30 Sinclair Refining Company 26.35 West ivemphis News 35.00 Dacus Lumber Company 16.85 E. B. Crawford ,fie Company (Payment from Fireman's Pension Fund) 200.00 National Funeral Home 7.50 J. A. Riggs Tractor Company 24.95 Crow Creek Gravel 4c Sand Company 65.54 C. H. Bond, Engineer 550.81 Alderman 0. I. Bollinger moved that the above bills be paid and with proper second and with unanimous vote, the Recorder was instructed to draw warrants in payment of said bills. There being no further business to come before the Council, same was adjourned. W. H. HUNDHAUSEN, MAYOR. Attest: J. 0. SPOTTS, Recorder. *********************************** MINUTES 4 f On Monday the 24th day of April 1939, the City Council met in the Mayor's Office at four o'clock P.M. in a special meeting called by the Mayor. All members of said Council having had due notice as required by law and all having signed waiver of notice of said meeting and ratification of all acts of the City Council at said meeting. The following members of the City Council were present at said meetings W. H. Hundhausen Noah Phillips 0. I. Bollinger I. L. Owens R. C. Breese J. 0. Spotts, City Recorder The following proceedings were had to-wit: Alderman O. I. Bollinger introduced the following resolution and moved its adoption: "WHEREAS, at a meeting of the City Council of the City of West Memphis in the month of September, 1937, it was discussed as to the practica- bility of repairing certain streets in the City of West Memphis and the placing of sand and gravel on certain streets in the City of 'West Memphis, namely, the following streets, to-wit: Barton Street, from Highway 61 to Rhodes Street Avalon Street, from Highway 70 to Barton Street Roosevelt Street, from Highway 61 to Avalon Street Danner Street, from Highway 61 to Avalon Street Oliver Street, from Rhodes Street to Fine Street Bond Street, from Rhodes Street to Pine Street Rhodes Street, from Oliver Street to Cooper Street On South Second Street in a law spot for a distance of about three blocks Pine Street, from Bond Street beyond Cooper Street Two blocks on the South end of Eleventh Street One block North of Highway 70 on Eleventh Street Thompson Avenue About one block on Thirteenth Street till At that meeting it was unanimously agreed that the repair work should be done and that gravel and sand should be placed on the above streets. However, it was suggested that the expenditures of money necessary for the payment of labor and necessary materials was in excess of the monies then in the treasury of the City of West Memphis. However, it was agreed among all of the members of the Council that the revenues due the City of West Memphis during the year 1937 would be sufficient to pay for said work and to pay the other necessary expenses incident to the operation of the city government of the City of West Memphis. It was suggested at the meeting that J. C. Johnson, one of the citizens of the City of West Memphis, would lend the City of West Memphis the necessary monies to perform the work and purchase the materials, said sums to be paid out of the revenues when settlement was made by the Sheriff of Critten- den County, Arkansas, with the City of West Memphis, whioh revenues were collected by him during the year 1937. It was unanimously agreed that Mr. Johnson should be contacted and in the event that he was will- ing to make the loan, Wm. H. Hundhausen, the Mayor, was authorized to bind the City in an agreement to repay such sums that should be borrowed from said J. C. Johnson; and, WHEREAS, the City did borrow the following sums on the following dates from the said J. C. Johnson, to-wit: December 1, 1937 - $1,459.24 January 4, 1938 - $1,204.45 January 31, 1938 - $1,000.00 and at the direction of the said Wm. H. Hundhausen, as Mayor of the City of West Memphis, the said J. C. Johnson did pay the following sums on the following dates to G. V. Moffett, to-wit: October 16, 1937 - Check No. 74 Amount $400.00 October 23, 1937 - Check No. 153 " 400.00 October 29, 1937 - Check No. 192 " 562.00 November 6, 1937 - Check No. 255 " 615.52 November 6, 1937 - Gas and oil used in hauling gravel 170.48 $$2,148.80 At the direction of the said Wr. H. Hundhausen, in his capacity as Mayor of the City of West Memphis, the said J. C. Johnson did pay the following sums on the following dates to C. E. Sayre, to-wit: October 29, 1937 Credit applied to account $586.25 November 8, 1937 Credit applied ':o account 681.07 Total $1,267.32 and, WHEREAS, on December 1, 1937, in partial repayment of the indebtedness due J. C. Johnson and in payment of an account due the said J. C. Johnson for the months of September and October in the amount of Two Hundred and Forty-seven and 57/100 ($247.57) Dollars, Warrant No. 570 in the sum of One Thousand and Four Hundred and Fifty-nine and 24/100 ($1,459.24) Dollars was issued by the Mayor and the Recorder of West Memphis, Arkansas; and WHEREAS, ;aid warrant was duly paid by a check issued by the Treasurer of the City of West Memphis in said sum on the 2nd day of December, 1937; and, WHEREAS, on January 4, 1938, in partial repayment of the indebtedness due J. C. Johnson, Warrant No. 586 in the sum of One Thousand and Two Hundred and Four and 45/100 ($1,204.45 Dollars was issued by the Mayor and the Recorder of West Memphis, Arkansas; and, WHEREAS, said warrant was duly paid by a check issued by the Treasurer of the City of West Memphis in said sum on the 5th day alf January, 1938; and, 2 WHEREAS, on January 31, 1938, in payment of the balance due the said J. C. Johnson by reason of said indebtedness, Warrant No. 607 in the sum of One Thousand and No/100 (1,000.00) Dollars was issued by the Mayor and the Recorder of West Memphis, Arkansas; and, WHEREAS, said warrant was duly paid by a check issued by the Treasurer of the City of West Memphis in said sum on the 1st day of February, 1938. NOW, THEREFO-:E, BE IT RESOLVED by the City Council of the City of West Memphis that the loan made by the said J. C. Johnson to the City of West Memphis, Arkansas, as hereinabove set out be and the same is hereby ratified, approved and confirmed; and all actions of Wm. H. Hundhausen, Mayor; J. 0. Spotts, Recorder; and C. H. Brown, Treasurer; in pursuance thereof be and the same are hereby ratified, approved and confirmed." Wm. H. Hundhausen Attest: J. 0. Scotts Recorder Passed April 24, 1939 1:7 Alderman R. C. Breece seconded the above motion and upon call of the roll the vote was as follows: l/yt„ NO Wm. H. Hundhausen �!a 0. I. Bollinger �� u R. C. Breece Noah Phillips I. L. Owens There being no further business to come before the meeting and upon proper motion and second, same was adeptcdG,Aun, .45- Wm. R. Hundhausen Attest; J. 0. Spotts Recorder **************************************** "MINUTES" On Tuesday the 9th day of May, 1939, :he City Council of the City of West Memphis met in regular session in the Engineer's Office, Bank of West Memphis Building, at 8 o'clock P.A., with the following members present: Wm. H. Hundhausen, Mayor; J. 0. Spotts, Recorder; 0. I. Bollinger, Noah Phillips, F. E. Denson, and I. L. Owens, Aldermen. The following proceedings were had to wit: It being apparent that no business was in shape for transaction, the Council adjourned to meet again at 11 o'clock a. m., on Wed- nesday, Nay 10, 1939, at the same place. Wm. H. Hundhausen Mayor Attest: J. 0. Spotts Recorder ",.INUTES" Pursuant to last adjournment, the City Council of the City of West Memphis, met in an adjourned session in the City Engineer's Office, Bank of West Memphis Building, at 11 o'clock a.m., Wednesday Nay 10, 1939, with the following members present: Wm. H. Hundhausen, Mayor; J. O. Spotts, Recorder; C. H. Bond, Engineer; H. Inglis, Ass't City Engineer; Noah Phillips, F. E. Denson, I. L. Owens, 0. I. Bollinger, and R. C. Breece, Aldermen. The following proceedings were had to wit: It was moved and ordered that the City Coy,ncil go on record as offer- ing a resolution of appreciation to Mr. Eugene Woods for his valu- able contribution and whole-hearted cooperation in the development of the Woods' Sub-division and site for City Hall and Fire Station project, and also recently donated Public Park property. • The following resolution was introduced by Alderman, R. C. Breece, and read the first time. RESOLUTION WHERAS, Z. T. Bragg as a taxpayer for the use and benefit of the incorporated Town of West Memphis, Arkansas has filed suit in the Chancery Court of Crittenden County, Arkansas against William H. Hundhausen, J. 0. Spotts, C. H. Brown, and J. C. Johnson as defen- dants; and, WHEREAS it is alleged in said law suit that the said William H. Hundhausen, J. 0. Spotts and C. H. Brown, in their respective capacities as Mayor, Recorder and Treasurer, have paid out certain monies belonging to the City of West Memphis and are personally liable by reason of payment of said monies. FURTHER, The said William H. Hundhausen, J. 0. Spotts, and C. H. f-.. Brown have retained John A. Fogleman and John N. Smith, Attorneys at Law, to defend said cause. FURTHER, that the City Attorney of the City of West Memphis, due to extra duties imposed on hire by reason of various grants now applied for by the City of West Memphis to the Federal'Government, is not in a position to represent the said city officials; and, WHEREAS it is of interest to the City of West Memphis that this law suit hereinabove referred to be defended and it is proper that the defense of said law suit be made by the City of West Memphis and it is also proper that due to this fact that the City of West Memphis should pay such attorneys' fees as have been incurred and shall be incurred in the future by reason of the defense of the said law suit. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Memphis, Arkansas in special session on this the 10th day of May, 1939 that John A. Foglerr.an and John Id. Smith, Attorneys at Law, be retained to defend said law suit; and BE IT FURTHER RESOLVED that the Mayor and Clerk of the City of West Memphis be and are hereby authorized to issue a warrant in the sum of three Hundred and No/100 ($300.00) Dollars payable to said John r--1 A. Fogleman and John N. Smith and the Treasurer of the City of West Memphis be and is hereby authorized to pay said warrant. Li BE IT FURTHER RESOLVED that in the event that it is necessary to appeal the law suit hereinabove mentioned to the Supreme Court of the State of Arkansas, that the Mayor and the Clerk be and are hereby authorized to execute a second warrant payable to the said John A. Fogleman and John M. Smith in the sum of Two Hundred and No/100 ($200.00) Dollars and the Treasurer of the City of West Memphis be and is hereby authorized to pay said warrant. 221 BE IT FURTHER RESOLVED that the Mayor and the Clerk be and are hereby authorized to issue warrants in payment of such costs and expense as are incident to the defense of the said suit and the Treasurer of the City of West Memphis be and is hereby authorized to pay said warrants issued in payment of said costs and expense. Wm. H. Hundhausen Mayor PASSED: 5 - 10- 39 ATTEST: J. 0. Spotts Recorder UPon call of the roll, all members present, voted as follows: W. H. Hundhausen AYE F. E. Denson AYE Noah Phillips AYE I. L. Owens AYE R. C. Brecce AYE 0. I. Bollinger AYE The following bills were offered, aprroved, and the Recorder in- structed to draw warrants, and Treasurer authorized to pay same. Johnson Auto Co. $136.05 M. C. Tyler 4.75 W. G. Parker 25.65 J Q' West Memphis News 38.00 Dacus Lumber Company 38.68 West Memphis Lumber & Supply Company 4.29 J. A. Riggs Tractor Company 10.43 Crow Creek Gravel & Sand Company 65.54 Tri-State Culvert Company 315.04 F. S. Electric & Machinery Co. 31.80 Crittenden County Times 2.50 Arkansas Power & Light Company 10.20 W. C. Ellis & Sons 5.75 J. G. Pollard Co., Inc. 34.25 Western Union 1.61 Southwestern Bell Telephone Company 8.29 Consolidated Gravel Company 224.75 J. M. Kirtley 1.50 There being no further business to come before the Council, same was adjourned. Wm.- H. Hundhausen Mayor ATTEST: J. 0. Spotts Recorder ********************************** "MINUTES" On Tuesday, the 23rd of May, 1939, the City Council of the City of West Memphis met in a special session, in the Office of the Mayor at 3 o'clock p. m. All members having due notice as required by law, and all having signed waiver of said notice and meeting, the following were present: Wm. H. Hundhausen, Mayor; J. 0. Spotts, Recorder; Noah Phillips, 0. I. Bollinger, I. L. Owens, and R. C. Breece, Aldermen. The following proceedings were had to wit. Alderman Noah Phillips introduced the following resolution and moved its adoption. RESOLUTION 1 BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WEST MEMPHIS IN SPECIAL SESSION ASSEMBLED, _PURSUANT TO A CALL BE THE MAYOR, ALL MENJ3E.RS HAVING BE :N NOTIFIED AS RECUIREU BY LAW. SECTION 1. That Frank Lee, Contractor on the City Hall and Fire Station Project, P.W.A. Docket # 1271-F, be, and he hereby is, granted a thirty day extension of time in which to complete the terms of his contract. .4w4 SECTION 2'. That the City of West Memphis, in authorizing said extension of time, fully waives any and all liquidated damages which might accrue as the result of said extension. Wm. H. Hundhausen Mayor PASSED: 5 - 23 - 39 ATTEST: J. 0. Spotts, Recorder Upon call of the roll, the vote with reference to adoption of said resolution was as follows: Wm. H. Hundhausen AYE I. L. Owens AYE Noah Phillips AYE R. C. Breece AYE 0. I. Bollinger AYE There being no further business to come before the Council, same was adjourned. Wm. H. Hundhausen Mayor ATTEST: J. 0. Spotts Recooder **********: ******************************** n iLINUTES" On Tuesday the 6th day of June, 1939, the City Council of the City of West Memphis met in a special session in the City Engineer's Office, Bank of West Memphis Building, at 10:30 a. m. All mem- bers having had due notice as required by law, the following be- ing present: Wm. H. Hundhausen, Mayor; J. O. Spotts, Recorder; C. H. Bond, City Engineer; O. I. Bollinger, I. L. Owens, F. E. Denson, and Mr. Noah Phillips, Aldermen. The following proceedings were had to wit: The City Council, by unanimous vote, authorized the installation of floor covering in the new City Hall Building, and intered into con- tract with the McMillian Company, of Memphis, Tennessee, for the in- stallation of this floor covering, the cost not to exceed Three Hun- dred and forty two ($342.00) Dollars. The City Council, by unanimous voted, authorized the placing of a Memorial Plate, containing the names of City Officials, Contractors, etc, on new City Hall Building, cost of same not to be in excess of eighty five and No/100 ($85.00) Dolh rs. The City Council Authorized City Engineer, C. H. Bond, to negotiate with Choctaw Culvert Company, and Baumann Cons :.ruction Co, for the repairs necessary on West Memphis Sewer System. The following resolution was unanimously adopted; RESOLUTION STATE OF ARKANSAS: COUNTY OF CRITTENDEN: I, Wm. H. Hundhausen, Mayor of the City of West Memphis, Arkansas DO HEREBY CERTIFY that the above and foregoing application for changes has been duly authorized by the governing body of the City of wVest Memphis, of West Memphis, Arkansas, and that included in the above is an excerpt from a resolution duly enacted by such governing body. WITNESS MY HAND AND THE SEAL OF said City of West Memphis this the 6th day of June, 1939 Wm. H. Hundhausen, Mayor fv�.+e The City Recorder was instructed to pay to the Rock Island Railroad Company, freight on car-load of piling consigned to the City of West Memphis, and being shipped in car No. 93278, upon arrival. There being no further business to come before the Council, same was adjourned. Wm. H. Hundhausen Mayor ATTEST: U. 0. Spotts Recorder ************************************************ "MINUTES" On Tuesday the 13th day of June, 1939, the City Council of the City of West Memphis met in a special session in the City Engineer's Office at 1 o'clock p. m. All members having had written notice of said meeting as required by law and all having signed waiver of notice thereof, the following being present: Wm. H. Hundhausen, Mayor; J. 0. Spotts, Recorder; C. H. Bond, City Engineer; Doyne Dodd, c.,C) Attorney; Noah Phillips, 0. I. Bollinger, I. L. Owens, F. E. Denson, R. C. Breece, Aldermen. The following proceedings were had to wit: The following resolution was introduced by Alderman 0. I. Bollinger who moved its adoption. Resolution RESOLUTION ACCEPTING MUNICIPAL BUILDING (Fa PROJECT NO. ARV. 1271-F) as having Been Constructed in Accordance With Approved Plans and Specifications WHEREAS, Frank H. Lee of Turrell, Arkansas, General Contractor for the construction of the two-story City Hall and Fire Sta- tion for the City of West Memphis, West Yemphis, Arkansas, same being P. W. A. Project Number Ark. 1271-F, has notified the City Council of said West Miemphis, Arkansas that the construction of said project has been completed; and, WHEREAS, Robert D. Eberdt, Architect on said project for said City of West Memphis, has notified the City Council in writing that he has inspected the work performed on said Project by the Frank H. Lee of Turrell, Arkansas, that such work has been com- pleted in compliance with the approved plans and specifications and that he recommends acceptance of same, which written notice is in words and figures, as follows, to-wit: "TO WHOM IT MAY CONCERN: This is to certify that I have made a complete and final inspection of work performed on Public Works Administration Docket Arkansas 1271-F under contract to the following: Contract Firm Name Type of Numbers Contract 1 Frank H. Leo General and find that same has been completed in compliance with the approved plans and Specifications. I hereby recommend acceptance of the above work as being satisfactorily completed this 13th day of June, 1939. Robert D. Eberdt Architect. Original and 3 copies to Engineer Insrecto John F. Gould,G West Memphis, Arkansas.". 441 and, WHEREAS, The Council did, as a body, make a personal inspection of the Project on the 13th day of June, 1939, which inspection confirmed the information contained in the notice or certificate of the architect, as above set forth; NOW, THEREFORE, BE IT RESOLVED by the Council of the City of West Memphis, Arkansas, that the City Hall and Fire Station (P. W. A. Project Number Ark. 1271-F), constructed by Frank H. Lee of Turrell, Arkansas, be and the same is hereby accepted as having been completed by said Frank H. Lee of Turrell, Arkansas, in compliance with the approved plans and Specifications. APPROVED: W. H. Hundhausen Mayor ATTEST: J. 0. Spotts City Recorder Upon call of the roll the vote upon the adoption of said resolution was as follows: Wm. H. Hundhausen AYE I. .L. OWENS AYE Noah Phillips AYE R. C. BREECE AYE 0. I. Bollinger AYE F. E. DENSON AYE There being no further business to come before the Council, the Meeting was adjourned. Wm. H. Hundhausen Mayor ATTEST: J. 0. Spotts Recorder ********************************************** • "MINUTES" On Tuesday the 13th day of June, 1939, the City Council of the City of West Memphis met in the City Enc;ineer's Office at eight o'clock p. m. with the following members present: Wm. H. Hundhausen, Mayor; J. 0. Spotts, Recorder; Noah Phillips, 0. I. Bollinger, I. L. Owens, R. C. Breece, and F. E. Denson, Aldermen. The following proceedings were had to wit. There being no business to come before the Council at this time, as certain matters were not in shape for presentation, the meeting was adjourned to met again at the same hour and place on Thursday the 15th day of June, 1939. WM. H. Hundhausen Mayor ATTEST: J. 0. Spotts —� Recorder "MINUTES" Pursuant to last adjournment the City Council of the City of West Memphis met in the City Engineer's Office^at° Oh-CCPficlock p. m. with the following members present: Wm. H. Hundhausen, Mayor; • J. 0. Spotts, Recorder; Doyne Dodd, Attorney; 0. I. Bollinger, I. L. Owens, F. E. Denson, R. C. Breece, and Noah Phillips, Aldermen. The following proceedings were had to wit: r--- Mayor Hundhausen presented a letter from George T. Kendal with reference to an amount he said Kendal contends is due for sewer right-of-way. The Council authorized the City Recorder to advise Mr. Kendal of the action had on September 13, 1S38, and to furnish Mr. Kendal with a copy of resolution passed at that time. Mayor Hundhausen was authorized by unanimous vote to proceed with the clean-up program. Arrange for cutting of weeds on vacant lots, spraying ditches for mosquitoes, and hauling and disposing of trash and refuse. It was unanimously agreed by the Council to place the insurance on the new City Hall and Jail Building with the United Insurance Agency of West Memphis, Arkansas in the amount of $275O.00e27J'oo.o n It was unanimously agreed by the Council that the City should pay for a 25 feet off-set of sidewalk in the front of Rex Cafe, which sidewalk is necessary to connect the walks on the commercial and residen.tal property. The following bills were presented, payment approved and authorized by the Council. R. D. Eberdt $2'60.75 E. H. Clark & Bro. w 5.50 C. H. Bond 40.35 Modern Mere. Co. 28.55 D. G. Keitzman 150.00 Western Union 1.95 C. H. Bond 532.86 Tri-State Chemical Co. 5.75 0. I. Bollinger 10.00 Midsouth Oil Co. 28.81 Fordyce Crossett C°n 520.93 J. A. Riggs Tractor Co. 22.51 Mrs. E. J. Goyer 10.00 Tom Laird 212.73 Gordon-Holloway 10.72 Crittenden Theatre 20.00 Johnson Auto Co. 96.52 Bank of W. Memphis 75.00 MoGregors Inc. v. �� -35. O C. E. Sayre 35.00 F. & S. Electric Co. 52.20 I. N. HHanna 22.00 0. H. McMillian 300.00 There being no further business to come before the meeting same was adjourned. Wm. H. Hundhausen Mayor ATTEST: J. 0. Spotts Recorder **************************************************** "MINUTES" On Friday the 29th day of June 1939 the City Council met in the office of the Mayor at two o'clock p. m. in a special call session of which all members having had due notice, and all members being present. The following proceedings were had to wit: 0. I. Bollinger introduced the following resolution and moved its adoption: 4-10 RESOLUTION NO. WHEREAS, The City of West Memphis has issued its bonds in the sum of Fifty Thousand Dollars, ($50,00) , to be used as follows: 820,000 for the construction of a City Hall $30,000 for Street Improvements, and �--. WHEPEAS, The first interest payment on these bonds will be due on the 1st day day of July, 1939, and WHEREAS, The City Hall Construction Fund account is exhausted, while the Street Improvement account still has dollars to its credit, and WHEREAS, This interest payment should be divided between the two accounts on a pro-rate bases as follows: Two-fifths from the City Hall Construction Account, and Three-fifths from the Street Improvement Account, and WHEREAS, The City Treasurer will not collect the five mills tax set up to retire these bonds until September of this year, NOW THEREFORE BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WEST NEb1PHIS, IN SPECIAL SESSION ASSET LED, ALL ',"EIBERS BEING NOTIFIED IN ACCORDANCE WITH THE TAW, AND CCU, LEE BERS BEING PRESENT: That the City Treasurer be, and he hereby is, instructed and authorized to borrow Two-fifths of One Thousand, One Hundred Sixty- Nine Dollars and Ninety-two Cents, ($1,160.92) from the Street Improvement Fund, and transfer said sum to the City Hall Con- struction Fund for the specific purpose of making this interest payment of July 1st, 1939; that he be further instructed to pay the said Two-fifths from the City Hall Construction Fund, together with Three-fifths of One Thousand, One Hundred Sixty-Nine Dollars and Ninety-Two Cents, ( 1,169.92) from the Street Improvement Fund as interest on the 1st day of July. avor PASSED: ATTEST: Upon proper second of the above motion the roll was called, and the vote there-of was as follows: AYES NA YES ���......JJJ Noah Phillips None I. L. Owens ' R. C. Breece F. E. Denson 0. I. Bollinger There being no further business to come before the meeting, and with proper motion and second same was adjourned. Wm. H. Hundhausen ATTEST: J. 0. Spotts LLayor Recorder 22 "MINUTES" On Tuesday August 8, 1939 the City Council of the City of West Memphis met in the City Hall at eight o'clock p. m. in a regular session. The following members being present: Wm. H. Hundhausen, Mayor; J. 0. Spotts, Recorder; Noah Phillips, I. L. Owens, O. I. Bollinger, R. C. Breece, and F. E. Denson, Aldermen. The Mayor announced that it would be necessary to adjourn the meeting due to the fact that certain members of the council could not remain. .--, in the assembly. The meeting was adjourned to met again at the same hour and place on Thursday, August 10, 1939. 4 L___.) Wm. H. Hundhausen L"AYOR ATTEST: J. O. Spotts RECORDER ************************************************ 7.4 C. kn "PL,INUTES" Ca Pursuant to last adjournment the City Council of the City of West Memphis met in the City Hall at eight o'clock p. m. Thursday, August 10, 1939 with the following members present: Wm. H. Hundhausen, Mayor; J. 0. Spotts, Recorder; Noah Phillips, F. E. Denson, R. C. Breece, 0. I. Bollinger, I. L. Owens, Aldermen; C. H. Bond, City Engineer; and Doyne Dodd, City Attorney. The following proceedings were had to wit: ''The deed to Block 9 of the Woods Subdivision, deeding to the City of West Memphis for public use all of Block 9 of the Woods Subdivision, was fj, examined, approved, and accepted by the council. The City Engineer was instructed to prepare and erect warning signs on newly improved streets in the City of West Memphis preventing tractors, heavy loaded trucks, and other traffic which might injure said streets from passing thereon. The following ordinance was introduced by Alderman 0. I. Bollinger who moved its adoption: ORDINANCE NO. 79 ., AN ORDINANCE TO CREATE AND DEDICATE FRONT ENTRANCE TC THE CITY BALL Be it ordained by the City Council of the City of West Memphis, Arkansas: Section 1: That a street be opened, dedicated, and constructed on Lot 3, Block 1 of the Eugene Woods Subdivision. The purpose .of said street being to provide an ingress and egress to the City Hall. The location of the street shall be as follows: Beginning at a point on Highway 70, 50 feet west of the East Boundary of said Lot 3, thence running south parallel with the said East Boundary, a distance 115 feet, thence to the right around a curve having a radius of 10C feet to a point at rigt angle to point of curve, thence north parallel with the right-of-ray of Highway 70, said point being 50 feet east of the West Boundary of said Lot 3. Said description being the outside edge of the street so described. The width of the street shall be 40 feet on tangent and increast to 50a feet at the vortex from either end of the curve. Section ?: This street shall be named Court Street, ..and the City Engineer ili is hereby instructed to prepare a drawing of said street:an_d file for record in the Circuit Clerks Office. Section 3: It appearing that the City Hall is now completed and occupied, and that there is immediate need for an adequate means of entrance to said City Hall grounds, and as WPA restrictions prohibit the use of WPA labor on streets not dedicated an emer-ency is hereby declared to exist, and this ordinance shall be in effect from and after its passage. AFFROV,ED: Wm. H. Hundhausen ATTEST: J. 0. Spotts I,,ayor RannrAcr Motion was made by Noah Phillips that the rules be suspended, and the ordinance read the second time. Following the second reading. motion was made by F. E. Denson that the rules be suspended the ordinance read the third time and placed on final passage. Upon call of the roll, • the question being upon the adoption of said ordinance, the vote was as follows: AYES NAYES I. L. Owens None R. C. Breece ,_, F. E. Denson Noah Phippips 0. I. Bollinger Wm. H. Hundhausen `� Whereupon the Mayor declared said ordinance duly adopted, and the recorder was instructed to spread same upon the record of aercd ordinance5of said town, to have same published as required by law, and number same ordinance Number 79. By unanimous vote the City Council levied an annual occupation license c of $510.00 upon the distribution, wholesale, and retail of artifical or synthetic gas. The following bills were presented for payment: Arkansas.Municipal League v 30.00 Western Union $ 3.51 C. 0. Williamson Company' 1.39 . S. C. Toof & Co. 46.70 Arkansas Power ,& Light Co. 10.20. West Memphis News 76.90 Johnson Auto Company 246.58 Pidgeon hones Iron Co. 6.95 City Sewer System 10.00 Graham Cotton Cleaner Inc10.60 • Brown & Bell Coal Company 6.45 Crittenden County Times 31.50 Modern Mercantile Company 77.11 J. M. Kirtley 2.20 Riggs Tractor l'omxany 8.16 Southwestern Bell Telephone Waller Dry Goods Company . 4.48 . 22.42z €7 Midsouth Oil Company 92.00 West Memphis construction Co. City Engineers 212.14 300.00 1..... Will Alrad 20.00 Aldermen Compensation 100.00 Alderman 0. I. Bollinger moved that the above bills be aid, and by unanimous vote of the council the recorder was instructed to drat d��A and the •• treasurer to pay same covering bills as above listed. The Mayor was authorized to instruct the City Marshal to proceed upon the collec c tion of license on racing machines. There being no further business to come before the council same was adjourned. Wm. H. Hundhausen MAYOR ATTEST: J. 0. Spotts RECORDER •• n nn•• • . . nnn "MIND`IES" On Wednesday, September 6, 1939, the City Council of the city of West Memphis met in the Council Chamber, City Hall Building, at 2 o'clock p.m. in a special meeting, all members having had notice as required by las and the following being present: W. H. Hundhausen, Mayor.; J. 0. Spotts, Recorder; 0. I. Bollinger, Noah Phillips, I. L. Owens, F. E. Denson, Aldermen; H. Ingliss, • City Engineer. The following proceedings were had to-wit: It was unanimously agreed by the Council that in the future sidewalks 220 • would be constructed only in instances where a cost to the property owner of such construction was deposited with the City Treasurer. Motion was made and with proper second unanimously passed to employ Noah Phillips at a salary of J00.00 per month as Street Supervisor, until such time asc'the said Noah Phillips should be re-instated by i the Public Works Administration. - Mayor Hundhausen having received a proposal from J. 0. E. Beck, Sr., to the effect that he would donate the City of 'West Memphis 1 500.0A to be applied upon the costs of graveling North Seventh Street to Ten Me Bayou, motion was made and with proper second unanimously passed that the City accept Mr. Beck' s proposal and authorized the Mayor to proceed with the construction of this project. There being no further business to come before the meeting, same was adjourned. Wm. H. Hundhausen Mayor c. ATTEST: J. 0. Spotts II: Recorder "MI NU`IES" On September 12, 1939, the City Council of the City of West Mem.- phis.met in regular session in the Council Chamber, City Hall Building, at 8 o' clock p.m. , with the following members present: W. H. Hundhausen, Mayor; J. 0. Spotts, Recorder; F. E. Denson, 1 i R. C. Breece, I. L. Owens, and 0. I. Bollinger, Aldermen. The following proceedings were had to-wit: Mayor Hundhausen advised that certain matters concerning the Council were not ready for presentation and asked adjournment until Friday September 15, 1939. Upon proper motion with second and unanimously passed, said meeting was adjourned to meet again at the same hour and place on Friday, September 15, 1939. Wm. H. Hundhausen MAYOR ATT LST: J. O. Spotts Recorder - ,. "MINUTES" 4 PURSUANT to last adjournment the City Council of the ''ity of West Memphis met in the Council Chamber, City Hall Building, at 8 o' clock p.m., Friday, September 15, 1939, with the following , members being present : W. H. Hundhausen, Mayor; J. O. Spotts, Recorder; Noah Phillips, F. E. Denson, R. C. Breece, 0. I. Bollinger, • and I. L. .Owens, Aldermen; C. H. Bond, City Engineer; Doyne Dodd, City Attorney. The following proceedings were had to wit: Mayor Hundhausen presented a letter of resignation from Alderman Noah Phillips to the Council, which letter read as follows: .4.SU West Memphis, Arkansas September 12, 1939 The Honorable Mayor and City Council, City of West Memphis, Arkansas. Gentlemen: —� I desire at this time to tender my resignation as a member of the City Council to take effect immediately. I am mindful of the many courtesies extended to me in the past by your honorable body, and it is with a certain amount of regret that I consider it expedient to resign at this time, but circumstances over which I have no control make it necessary. I donsider it to the City' s interest as well as my own that my resignation be accepted. Respectfully, NOAH PHILLIPS NP/JH Motion was made by 0. I. iollinger and with proper second by R. C. Breece, was unanimously passes by vote of the Council to accept Alderman Phillips' resignation. Election of Mr. Phillips' successor was postponed until some future date. The following ordinance was introduced by Alderman 0. I. Bollinger fl who moved its adoption: NO. 80 AN ORDINANCE TO REGULATE TRAFFIC ON AVALON STREET We are ordained by the Council of West Memphis in regular session assembly: Section 1. That all vehicles not having smooth tired or surfaced wheeling are hereby prohibited on the paved section of Avalon Street. Section 2. That. all trucks and heavy traffic are prohibited on the paved section of Avalon Street. Section 3. That the violation of Sections 1 and 2 shall constitute a misdemeanor punishable by a fine of not less than 5Q00 or more than $100.00. Section 4. That travel on Avalon Street by vehicles herein- above prohibited would render it unsafe for ordinary traffic, and would endanger the peace, health and safety of the community, and therefore, an emergency is hereby declared to exist, and this ordinance shall be in full force and effect from and after itb.7 passage. Passed September 16, 1939 Wn. H. Hundhausen MAYOR ATTEST: J. 0. Spotts Recorder 231 Motion was made by R. C. Breece that the rules be suspended and the ordinance read the second time . Following the second reading motion was made by F. E. Denson that the rules be suspended and the ordinance read the third time and placed on final passage. Upon call of the roll, the question being upon the adoption of said ordinance, the vote was as follows: AYES NAYES I. L. Owens none R. C. Breece F. E. Denson Noah Phillips 0. I. Bollinger WHEREUPON the Mayan declared said ordinance duly adopted and Recorder was instructed to spread same upon the record of ordinances Of said Toren, to have same published as required by law and to number same City Ordinance No. 80. POZ The following ordinance was introduced by Aldernam R. C. Breece who moved its adoption: AN ORDINANCE REGULATING AIRCRAFT TRAFFIC IN "4".t THE CORPORATE LIMITS OF WEST MEMPHIS, ARKAN SAS NO. 81 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHISS, IN REGULAR SESSION ASSAMBLED SECTION ONE. That no aircraft of any description whatsoever shall be • permitted or allowed to fly over the corporate limits of the City of West Memphis, Arkansas, at an altitude or height of less than one thousand feet, and provided further that said aircraft shall at all times maintain such altitude over said corporate limits as is sufficient to permit an emergency landing outside said limits, said provisions being in conformity with the rules and regulations for air traffic as authorized by the Federal Bureau of Aeronautics/ SECTION TWO . Any person violating the terms of section one shall be deemed guilty of a misdemeanor, and upon conviction shall be fined in any sum not less than five nor more than one hundred dollars. SECTION THREE. korJ WHEREAS, certain aircraft are at tb^ r•resent time being operated at a lower altitude than that hereinabove specified, thereby endangering the lives, property, peace, health and safety of the citizens of West Memphis, an emergency is hereby declared to exist, and this ordinance shall be in full force and effect from and after its passage and publication. Passed: Sept 16th, 1939, Wm. H. Hundhausen MAYOR ATTEST: J. 0. Spotts, Recorder Motion was made by I. L. Owens that the rules be suspended and the ordinance read the second time . Following the second reading motion was made by F. E. Denson that the rules be suspended and the ordinance read the third time and placed on final passage. 404 Upon call of the roll, the question being upon the adoption of said ordinance, the vote was as follows: AYES I. L. Owens R. C. Breece F. E. Denson None Noah Phillips 0. I. Bollinger fl WHEREUPON, the Mayor declared said ordinance duly adopted, the 1 Recorder was instructed to spread same upon the record of ordinance& of said Town, to have same published as required by law, and to number same City Ordinance NO. 81. - Motion was made and with proper second unanimously passed to purchase from the McCaa Chevrolet Company a used dump truck for use on City street projects at a cost ofT400.00, and the recorder was instructed to draw warrant and the Treasurer to pay same forthis amount. There being no further business to come before the meeting, same was adjourned. Wm. H. Hundhausen MAYOR ATTEST: J. 0. SPOTTS, Recorder "MINUTES" On Tuesday, October 10, 1939, the City Council of the City of West Memphis met in regular session in the Council chamber, City Hall Building, at 8 o' clock p.m., with the following members present: W. H. Hundhausen, Mayor; J. 0. Spotts, Recorder; F. E. Denson, R. C. Breece, I. L. Owens, 0. I. Bollinger, Aldermen, C. H. Bond, City Engineer. The following proceedings were had to-wit: !lotion was mad e and with proper second unanimously passed to open up the alley between 'Moods Avenue. and First Street at the back of Lot One, Horsley' s Addition to the `'ity of est Memphis, Motion was made and with proper second unanimously passed to extend the sewer line fifty feet west of its present terminal on Danner Street. The City Council unanimously agreed to have an estimate made of the costs of a proposed river terminal for the City of West Memphis and instructed City Engineer. Bond to proceed with the preparation of this estimate. The following bills were presented for payment: Russell Tractor Co. r 42.98 McCaa Chev. Co. 5.16 H. Ingliss (coal) 20.85 S.C .Toof R Co. 41.93 Noah Phillips ( salary) 109.33 Choctaw Culvert Co. 55,35 Memphis Tractor Co. 6.80 National Rose Spring Modern Mercantile Co. 139.77 and Mattress Co. 67.50 J. V. Moffett 62.40 Wallin, Dickey & Rich Mid-South Oil Co. 185.62 Lumber Co.. 522.43 C . H. bond (Engineer) 384.28 J.O. Spotts, Circuit Chamberlain Wether Strip Co. 18.00 Clerk 19.50 Tayloe Paper Co. 8.80 E. B. Crawford &c Co. 9.00 F. '& S. Electric Co. 25.05 Riggs Tractor Co. 27.25 W. S. Barley Co. 5.55 Dacus Lumber Co. 672.45 Sinclair' Refining Co. 4.08 Southwestern bell Memphis Blue Print Co. .49 Telephone Co. 28.70 233 i;iotion was made by Alderman 0. T. .bollinger that all the above bills be paid and by unanimous vote of the Uouncil, the Recorder was instructed to draw warrants and the Treasurer to pay same covering bills as above listed. There being no further business to come before the meeting, same was adjourned. Wm. H. Hundhau sen Mayor ATTEST: J. 0. SPOTTS Recorder MINUTES • On Tueddayi November 14th, 1939 the City Council of the City of West Memphis s—I met in the office of the City Recorder at eight o'clock P. M. with the fol- lanidng members presnet: NH Hundhausen, Mayor, J 0 Spotts, Recorder, Doyne Dodd, City Attorney, F E Denson, P C Breece and I L Owens, Aldermen. This being the regular monthly meeting, a quorum was present and the following proceedings were had towit:- A committee from the City Welfare DeparLnient composed of Mrs. Kent Jackson, Miss Charlene Sigman and Rev. I L Claude came before the council with a proposal for an appropriation from t he City for the upkeep, maintenance and operation of the City Welfare and Park Commission. Action upon this proposal was deferred until such time as the budget for the year 1940 could be made up and approved. The Mayor was authorized to enter into a contract with B F Goodrich Rubber Comoany through their agent Gordon Holloway for the pzrchase of 500 feet new fire hose for the City fire truck, said hose to cost 95 cents per foot delivered, and to be paif for not earlier than Match 1st, 1940. 4 The Mayor and Fire Chief were instructed by t he council to enroll Jim Burrows, City Jailer as a member of the City Fire Department. The Mayor was instructed to secure surety bonds for City Marshal C C Culp and for City Jailer Jim Burrows. The Mayor was.also instructed to secure bids-for the repairing of the Neon sign on the western city limits and present to the Council at next meeting. The fulloria,r, bills were submitted for approval and payment: Freight on pumps $ 6.43 Riggs Tractor Co. 117:05 West Mft P & IN Co. 155.66 McCaa Chev Co. 55.35 Same 34.16 Choctaw Culvert Co 13.53 Sewer System 10.00 Johnson Auto Co 187.07 SW Bell Tele Co 23.90 Modern Mere Co 66.09 Russell Tractor Co 87.36 Southern Culv Co 150.00 W R Carter 21.05 Nest Mrs. News 5.11 W C Ellison 21.05 Crittenden Co Times 15.25 Eochtitzky-Johnson 141.36 W S Cole-Freight 70.83 7 Ideal Heating Co. 605.00 Union Natl Bank 50.03 City Engineers 330.73 There being no further business to come before the council, with proper motion Fn d second, same was duly adjourned. W. H. HUNDHAUSEN, Mayor ATTEST: J 0 Spotts, Recorder. "b'INUTES" On Tuesday, January 9, 1940 the City Council of the City of West Memphis met in the office of the City Recorder at eight o'clock p.m. with the following members present: W. H. Hundhausen, Mayor; J. 0. Spotts, Recorder; Doyne Dodd, City Attorney; R. C. Breece, 0. I. Bollinger, F. E. Denson, I. L. Owens, Aldermen. This being the regular monthly meeting and a quorum being present, the following proceedings were had to wit: Motion was made and with proper second, and unanimously passed the Recorder was instructed to draw warrants in payment of all bills due from the General Account not to exceed $1,500.00, and all funds available in the Street and Sidewalk Accounts to be applied on purchases made, and unpaid bills due by the Sewer Account be paid. The following resolution was introduced by Alderman 0. I. Bollinger, who moved its adoption: RESOLUTION WHEREAS the City of West Memphis has at this time only one fire truck and equipment, and only one crew of volunteer fire- men to man said truck, and, WHEREAS the expense of operating said truck and remuner- ating said firemen for their services evolves upon the tax payers of the corporate limits of the said City of West Memphis, and, WHEREAS the present fire insurance rates in the City of West Memphis are considerably lower as the result of the City's having such equipment, and, WHEREAS the City of West Memphis has been unofficially notified that the present rates will cease to remain in effect unless the City has access at all times to the services of the said fire fighting equipment NOW THEREFORE, BE IT RESOLVED by the Council of the City of West Memphis that the fire fighting equipment now owned by said City be reserved for the exclusive use of the citizens within the city limits, and that the Chief of the Fire Department be, and hereby is instructed not to answer fire alarms beyond the corporate limits of the City, provided however, that nothing in this resolution shall be construed so as to prevent said equipment being used in the fighting of fires on such property so immediately adjacent to the corporate limits of the City of West Memphis as to permit the hooking on of said department's fire hose to a fire plug within the city limits. Passed: On January 9, 1940 Mayor Attest: J. 0. Spotts Recorder Upon call of the roll the following voted in favor of the adoption of this resolution: R. C. Breece, 0. I. Bollinger, F. E. Denson, I. L. Owens, and W. H. Hundhausen. Upon motion with proper second and unanimously agreed by vote of the Council it was roved that the City of West Memphis contribute to the West Memphis Park Commission and City Welfare Department a sum of $500.00 during the year of 1940, said amount to be used ininaintenance and up-keep of the City's properties, parks, and buildings. The City Recorder was instructed to draw warrants on the first day of each month, and deliver to the treasurer of the Park Commission in amounts of $40.00 each for 11 months and one final warrant in December, 1940, for $60.00. Upon motion with proper second and unanimously adopted by the ICouncil the Mayor was authorized to enter into contract with Balton & Sons of Memphis, Tennessee, for the purchase of three road signs, said purchase price to be $600.00 and payable in twelve monthly installments during the year of 1940 of $50.00 each. The City Attorney was authorized and instructed to notify all owners of property upon which sidewalks have been built and upon which pay- ment is delinquent of the intention of the City to file lien for collection thereof, and to proceed with enforcement of collections of delinquent sewer charges. CS:) The City Engineer was directed to make survey and plat of a certain street in Worthington Park to be known as Community Circle, and d• � present said plat back to a meeting of this body for proper dedication. There being no further business to come before the Council, same was adjourned. W. H. Hundhausen Mayor Attest: J. 0. Spotts Recorder *************************************************** "MINUTES" On Tuesday, January 16, 1940, the City Council of the City of West Memphis met in the office of the City Recorder at ten o'clock a.m. with the following members present: W. H. Hundhausen, Mayor; J. 0. Spotts, �f.� Recorder; R. C. Greece, 0. I. Bollinger, F. E. Denson, I. L. Owens, ��r,{,•r', e C Alderman. �/n / ,CiI i -9 . ��/, This being a special call meeting, all members having had due notice as required by law, and all members being present; the following proceedings were had to wit: Notion was made by 0. I. Bollinger that the City of West Memphis contri- bute the sum of $1,000.00 to the purchase of grounds and buildings for a proposed cannery project whioh the citizens of said City are desirous of bringing~ to this vicinity. Said motion was properly seconded by R. C. Greece, and upon call of the roll was unanimously adopted by all members present. The Recorder was instructed to draw warrant for r m the above amount of $1,000.00 payable to and deliver same to J. C. Johnson, Trustee, to be held in escrow pending the ability of the citizens to raise a sufficient amount. Motion was made and properly seconded, unanimously adopted that the City of West Memphis pay the expenses of a party composed of T. L. Jones and Lewis Jones to Pinebluff, Arkansas, in the interest of said cannery project. There being no further business to come before the meeting, same as adjourned. W. H. Hundhausen Mayor Attest: J. 0. Spotts Recorder w V V "MINUTES" On Tuesday, February 13, 1940 the City Council of the City of West Memphis met at eight o'clock p.m. with the following members present: W. H. Hundhausen, Mayor; R. C. Breece, 0. I. Bollinger, F. E. Denson, I. L. Owens, Aldermen. This being a regular meeting of the City Council, the following proceed- ings were had to wit: There being no business of urgent nature, and in the absence of the r—• City Recorder it was moved that the meeting adjourn subject to call of the Mayor. The meeting was, therefore, duly adjorned. W. H. Hundhausen Mayor Attest: J. 0. Spotts Recorder ************************************************************ "MINUTES" On Monday, February 26, 1940, the City Council of the City of West Memphis met in the City Hall at one o'clock with the following members present: W. H. Hundhausen, Mayor; J. 0. Spotts, Recorder; R. C. Breece, I. L. Owens, 0. I. Bollinger, F. E. Denson having accepted and waved notice of the meeting prior to the time same was had. ° This being a special call meeting, all members having had due notice as required by law, the following proceedings were had to wit: Resolution was proposed by Alderman 0. I. Bollinger, who moved its adoption. RESOLUTION WHEREAS, by plat of the land of Compress Subdivision that is filed of record November 13, 1923, in plat book 1, page 12 of the records of Crittenden County, Arkansas, there was dedicated to the City of West Memphis an easement over, across and along the west end of the North 115 feet of lot 1, block 18 of said Subdivision for the purpose of installing sanitary sewers, electric light lines and other public utilities; and WHEREAS, the United States of America is desirous of acquiring the title to said lot for the purpose of constructing thereon a post office and is desirous of procuring the title to said lot and release of said easement, NOW THEREFORE, BE IT RESOLVED, that the easement thus granted be, and the same is hereby abandoned, and the City of West Memphis does (I] hereby forever release and relinquish all of its right, title and interest in and to said easement or the use of said land for any purpose whatsoever. PASSED: February 26, 1940 Mayor ATTEST: J. 0. Spotts recorder 23? Upon proper second to the motion, the roll was called for the adop- tion of said resolution, and all members present voted to the affirmative. The Mayor thereby said the resolution duly adopted. Their being no further business to come before the meeting same was adjourned. W. H. Hundhausen Mayor Attest: J. 0. Spotts 1 Recorder ************************************************************ MINin On Tuesday, the 12th day of march, 1940 the city council or the City of West Eemphis, Arkansas met in a regular cession in the office of the e-4 Recorder at eight o'clock P. M. with the iollowing members uresent: W ti Hundhausen, Mayor, J. 0. Spotts, —ecorder, R C Breese, r E Denson, 0 1 Bollinger, Ira Owens, Aldermen, C C Culp, Marhhii. and C H Boiiu, ingineer. The iollowin, proceedings were had .owit: The Council, by unanimous agreemeht, authorized tue Mayor uo proceea wiuh construction of a 390-foot, extension of the present sewer iiue .,n Danner Avenue. Upon .,.otion uy 0 I Bollinger and with proper 0econd .,y x C Breese, the following oilis were pie.,e..ted nor paymenu , ,u1y approved, ana i.he recorder instru;,ued to u.aw warranus in payment O . same. W G Parker 37.80 Choctaw Culvert Co. 150.00 Jas Moore 5.00 Modern Mere Co 15.89 S W Bell Tele Co 55.66 C 0 Williamson Co 1.63 City Engineers 165.50 Otis Ball 29.00 W C Ellison 21.05 Modern Mere Co 6.19 Consolidated Gravel 364.16 Tayloe raper Co 6.30 Will Carter 21.05 E B Crawford Co 10.76 Johnson Auto Co 99.73 Mfs. Blue Print Co 2.57 Crittenden County Tms 3.00 Western Uion 1.88 Bank of W Mfs 12.00 Ark Munic. League 4.50 Russell Trac Co 67.00 J, A Riggs " 93.96 'There being no ftitrther business to cane before the meeting, and upon proper motion and second , same was duly adjourned. W. H. HUNDHAUSEN, Mayor. Attest: J. 0. Spotts, Recorder. * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * * . .k * * * * * MINUTES On Tuesday, the 9th day of April, 1940 the City Council of the City of West Memphis met in regular cession in the Mayor's Office in the City Hall Building at eight o'clock P. M. with the following present: W. H. Hundhausen, Mayor 0. I. Bollinger, Alderman, J. 0. Spotts, recorder, Homer Jones, e. C. Culp, Marshal, R. C. Breese C. H. Bond , Engineer F. E. Denson I. L. Owens Alderman Melvin Dacus and Attorney John M. Smith, being absent. It being determined that a quorum was present, the following proceedings were had towit: -4 3 ZJ Minutes of meeting of Tuesday, April 9th, 1940 - Regular meeting. All the newly elected City Officials of the said City of West Memphis which were.present at the said meeting were properly sworn in, the Oath of Office prop- erly prescribed and attested thereto. A financial statement of the affairs of the City for the period Jan. 1st, 1940 to March 31st, 1940 was presented to all members of the Council by the Recorder for their inspection, examination and comments. The Mayor was unanimously instructed to investigate the possibility of securing a Liability Insurance Policy for protection of employees and others engaged in repating City Property, construction and other labors wherein a hazard might ex- ist, and to make report of his findings at the next uzegular meeting of said coundil. The following resolution was introduced by Alderman R. C. Breese, who moved its adoption: RESOLUTION WHEREAS: That pursuant to Ordiance No.65 duly passed at a meeting of the City Council on Jan. 11th, 1938 and recorded in Minute Book One, Page 163, any newly elected Council of the City of West Memphis, shall at the first regular meeting of said body, elect a City Engineer, and WHEREAS; This is the first regular meeting of a newly elected City Council, of and for the said City of West lemphis, NOW THEREFORE BE TT RESOLVED: That C. H. Bond, a Registered Engineer, be elected, empowered with the duties of said City Engineer, and instructed to proceed as such, for the duration of this body's term of office, which in words and effect is TWO YEARS. Upon proper second to said motion, the roll was called and all members present voted in the affirmative. Motion was then made by Alderman 0. I. Bollinger, that the Recorder preeent all unpaid bills, which was promptly done. Motion was then made by Alderman I L Owens that the following bills pe paid, and that the recorder be instructed to draw warrants in payment thereof. With proper second to said motion, same was unanimously passed. Bills to be paid as follows: Sewer System $ 10.00 McCaa Chev. Co 135.58 West refs P & L Co 47.95 Modern Merc Co 5.10 Same 179.41 S W Bell Tele Co 28.31 Gene Hillencamp 25.00 CS C Toot & Co. 100.00 City Engineers 364.81 American Mash Lump Co 77.00 Cash-Payroll 17.75 West Mfs. News 14.25 W S Cole, Agent-Freight 72.30 F & S Elec Co 26.00 Will arteriLabor 21.05 Burroughs Add Mch Co. 36.01 W C Ellison-Labor 21.05 Riggs Tree Co 36.02 Memphis Blue Print Co. 2.33 Modern Merc Co 7.40 E B Crawford & Co 200.00 Johnson Auto Co 207.33 There being no further business to come before the meeting, and upon motion with proper second, same was duly adjourned. W. H. HUNDHAUSEN, Mayor ATTEST: J. 0. SPOTTS, Recorder. 239 Minutes of meeting of West Memphis City Council, West Memphis, Arkansas; SPECIAL MEETING: FRIDAY, AnIL 19th, 194C: On Friday, the 19th day of April, 1g40, the City Council of the City of West Memphis, Arkansas, pursuant to call of the Mayor, met in a special meeting of the said body, in the Council Chamber of the City Hall in the City of 'Nest ' emphis, Arkansas at 2:30 o'clock P. M. with the following members presne t: W. H. Hundhausen, Mayor, J. O. Spotts, Kecorder, F. E. Pelson R. C. Breece, I. L. Owens, Melvin Davus, 0. I. Bolliner and Homer Jones, A4- d.ermen: being all the members of said City Council. The following proceedings were had towit: The meeting was called to order by the Mayor, who made explanation of the purpose of the call of said special meeting. Mr. R. C. Bftumann was asked to speak to said body, and made a regime of the history of the Franchise ` granted by the City to the West Memphj_s Pater & Water Co. J. M. Smith, Attorney of Marion, Arkansas also explanied his presence at said meeting. Clarence Cliftor, Attorney of Memphis Tenn. made comments relative to said Franchise and the lawsuit now pending in the Supreme Court in which the City of Nest Memphis and the West 1.emphis Power & Water Co. are involved. The following resolution was offered by Alderman Homer Jones, who moved it's adoption: 1-1 `... RESOLUTION In Q: WHEREAS, on the 28th day of August, 1936, the City of Nest Memphis, "e Arkansas, filed its complaint against the "est 141emphis Power and rater Company, as the legal assignee of has. E. Sullenger, in the Chancery Court of Crittenden County, Arkansas, alleging its right to purchase the electrical properties of the West Memphis Power and Water Company in the city of West Memphis, Arkansas; and, WHEREAS, said cause was heard and finally determined in the Chancery Court of Crittenden County, Arkansas, on the 30th day of June 1939, and is now pending in the °upreme Court of Arkansas, on appeal by the City of West Memphis; and, WHEREAS, the west Memphis Power and water Company, desiring to settle and i, [I compromise said litigation before the final determination of said cause in the Supreme court of Arkansas has addressed to the Mayor and to the members of the Council of the City of west Memphis the following offer of compromise and settle- ment of said liti gation, to-wit: "West Memphis, Arkansas April , 1940. To the Honorable Mayor and the Members of the Council of the City of West Memphis, Arkansas Gentlemen: At a recent meeting of the Board of TSirectors of the 'westMemphis Power and Water Company, the matter of the present litigation now pending in the Supreme Court of Arkansas between the City of West Memphis and our Company was taken up and fully discussed, and it was unanimously agreed that steps should be taken toward an amicable settlement of this litigation, and I was instructed by the Board of Directors of our company to submit to you the following proposal, to-wit: The West Memphis Power and Water Company porposes to you that if the City of West of West Memphis will cause the passage of an ordinance which we are sub- mitting to you herewith, said ordinance being for the purpose of changing and modifying certain sections of Ordinance No. 8 granting the electric franchise under which we are operating in the City of West Memphis, and will dismiss the litiga- p*-, tion now pending in the `'upreme Court of Arkansas, as aforesaid, our company will reimburse the City of West Memphis for its expense incurred in prosecuting said litigation in a sum not to exceed Fifty-five Hundred and No/100 ($5500.00) pol- o' ' lers, and will reduce the service charge now being made for fire hydrants from $3.25 per month to $2.00 per month, and the service charge for street lights for • 1000 lumen lamps from $1.50 per month to $1.00 per month, and for 2500 lumen lamps from $ per month to $1.50 per month. The above payment of $5500.00 will be made to you upon the passage of the ordinance above referrred to and the dismissal of the litigation now pending in the Supreme Court of Arkansas, and the reduction of service charges will begin as of May 1, 1940. We feel that there is a better feeling now existing between the city and our company than ever before, and on our part we would like to have the opportun- ity to continue serving the rood citizens of West Memphis andto still have a part in building a bigger and better 'West Memphis, Respectfully submitted, WEST MEMPHIS POWER & WATER COMPANY BY R. C. Bauman President" MIN TTESSOF.`,MEETING OF WEST MEMPHIS CITY' COUNCIL: WEST MEMPHIS, ARKANSAS SPECIAL MEETING, FRIDAY APRIL 19th, 1940. and, WHEREAS, since the filing of said litigation by the city of West Memphis, as aforesaid, the West Memphis Power and Dater Company, as the legal assignee of Chas. E. Sullenger, has improved its service to such an extent that it is now in a position to fully supply any industrial demands made upon it in the City of 'West Memphis, and the necessity of mmnicipal ownership of said plant has ceased to exist. THEREFORE, BE IT RESOLVED by the Council of the City of West Memphis that the City of West Memphis, Arkansas, accept the proposal of the West Memphis Power and Water Company, as outlined, and hereinabove set out, and that the 7-, • City of West Memphis immediately pass an Ordinance amending, modifying, chang- ing and repealing certain sections of Ordinance No. 8 of the Ordinances of the City of West Memphis, Arkansas, as agreed upon by the City of West Memphis, U Arkansas, and the west Memphis Power and Water Company; and, BE IT RURTHER RESOLVED that after the passage of this Resolution and the Ordinance herein suggested and the payment to the City of West Memphis of the said sum of $5500.00, that the City of West Memphis immediately cause the litigation pending in the Supreme Court of Arkansas, on appeal by the City of West Memphis, to be dismissed, and that the City of West Memphis take no further steps to purchase the electrical properties of the Nest Memphis Power and eater Company under the decision of the Chancery Court of Crittenden County, Arkansas, rendered in said cause on June 30, 1939. After discussion of the above resolution, motion was made by Alderma O. ?. Bollinger, and with proper second by F. E. Deosnn to place said s6h the calenday to be brought up again at the next retular meeting of said City Council on Tuesday, May 14th, 1940. Upon call of the role as to the vote upon adoption of said motion, the result was as follows: NAYES AYES R. C. Breece Melvin Dacus Homer Jones 0. I. Bollinger I. L. Owens F. E. Denson The result of said vote being a tie, the Mayor was asked to vote, and by his voting Aye, said vote carried the motion, and the Recorder was directed to table said resolution until above stated date. There being nofurther business to come before the council, and upon proper motion and seoond, same was adjourned. W. H. HUNDHAUSEN, MAYOR. ATTESS: J. 0. SPOTTS, Recorder. • r MINUTES OF REGULAR MEETING OF WEST ME PHIS CITY COUNCIL 24 HELD IN CITY HALL TUESDAY MAY 14th, 1940: On Tuesday, the 14th day of May, 1940, the City Council of the City of West Memphis met in regular session in the Council Chambers, City Hall Building, at 8 o'cloc p.m. with the following members present: Wm. H. Hundhausen, Mayor: J. 0. Spotts, Recorder; F. E. Denson, 0. I, Bollinger and Melvin Dacus, Aldermen; and Aldermen R. C. Breece, I. L. Owens and Homer Jones being absent. Clarence Clifton, Attorney of Memphis, Tennessee, representing the City of West Memphis in litigation pending in the Arkansas Supreme Court was also present. The meeting was called to order by the Mayor and the following proceedings were had, to-wit: At a special meeting of the said City Council held on April 19, 1940, a certain resolutisR� was introduced by Alderman Homer Jones who moved its adoption, said resolution being recorded in Minute Book "1", page 2J9 of the records of the City of West Memphis. At said meeting motion was made and properly seconded that said resolution be tabled to be brought up at the next regular meeting. Mayor Hundhausen asked for a vote of the Council with reference to said resolution and the result of said vote upon call of the roll by the Recorder was as follows: Ayes: Nays: rf None - 0. I. Bollinger C, F. E. Denson In Melvin Dacus =Q,, Mayor Hundhausen then asked that his name be called in order that his vote might �, be recorded and this vote being "nay", the resolution was thereby declared defeated by the Mayor. Mayor Hundhausen asked for a reading of the minutes of the last regular meeting which was held on April 9, 1940, which were read by the Recorder and Approved by the Council. Mayor Hundhausen then asked for a reading of -.he minutes of a special meeting which was held on April 19, 1940, which were read by the Recorder and approved by the Council. The following resolution was introduced by Mayor Wm. H. Hundhausen who moved its adoption:, a. .tom., 4u,-oti.o ,.,,. ..a_ka.m 1, ,4 /ham, :,. od e : = WHEREAS, the City Council of the City of West Memphis, Arkansas, has done all the things necessary in order to obtain for the City the electric transmission system of the West Memphis Power & Water Company to operate as a municipal property; and, WHEREAS, the said power company has failed and refused to cooperate with the City of West Memphis in accordance with the contract in the franchise under which it is operati292; and WHEREAS, it would appear that the presents rates for electricity for light, heat and power are unreasonabi high, and, WHEREAS, the City has a right to require from said power company for the purpose of examination and investigation all books, records and other information as to any matter pertinent to its business or organization, and to require such utility from time to time to furnish a verified, itemized and detailed inventory and valuation of any or all of its property in the City of West Memphis; THEREFORE, BE IT RESOLVT AND ORDERED By the City Council of the City of West Memphis, Arkansas:- 1 l SECTION 1, That Joe Bond, a certified public accountant of Little Rock, Arkansas, is hereby employed to check the records of t:-.e-West Memphis Power & Water Company for the purpose of examining and determining the revenue and expense of said company in order to determine whether the citizens of West Memphis are paying a fair and just rate for the electric current they are receiving from said company. SECTION 2. That the West Memphis Power & Water Company shall produce at the • City Hall at the City of West Memphis, in the office of the Mayor, or shall make available to Joe Bond, certified public accountant employed by the City of West Memphis for the purpose of examination and investigation of the books, records and other information as to any matters pertaining to its business or organization which the said Joe Bond shall need or renuest in the examination of the books and records of said company in the furtherance of the matters contained in this resolution and order, and that said West Memphis Power & Water Company shall furnish for the consideration of the said Joe Bond, an agent of the City of MINUTES OF REGULAR MEETING OF WEST M1 PHIS CITY COUNCIL HELD IN CITY HALL TUESDAY MAY 14th, 1940: West Memphis, Arkansas, any verified, itemized or detailed inventory and valua- tion of any or all of its property that may be requested by the said Joe Bond in the furtherance of his employment 8g this City and with reference to which information the City Council should property have knowledge in order to enable it to perform its duties. SECTION 3. It is certain and declared that the present electric service is endangered by the controversy now existing between the City of West Memphis and the West Memphis Power & Water Company. Therefore, it is declared that an > 4r. emergency exists, that this resolution is necessary for the immediate preservation of the publis peace, health and safety, and that this resolution shall take effect and be in force from and after its passage. M Ndia..,.4 • Mayor Hundhausen then explained the importance of said resolution to the Alder- men and requested that same be passed and the Recorder was instructed to call for a vote. Upon call of the roll relative to the adoption of said resolution, the vote was as follows: • Ayes: Nays: 0. I. Bollinger None F. E. Denson Melvin Dacus Mayor Wm. H. Hundhausen The Mayor then declared said resolution adopted and the Recorder was instructed to spread same upon the records of the City of West Memphis. 4 The following resolution was introduced by Alderman O. I. Bollinger who moved its adoption: 4 - .J a c t ' WHEREAS, the City Council of the City of West Memphis, Crittenden County, Arkansas, has taken all the steps necessary and possible up to date in order to purchase the electric transmission system now being used to serve the City of West Memphis by having appraisals made of said property in compliance with the franchise agreement between said City of West Memphis and the present owner, West Memphis Power & Water Company; and WHEREAS, the question of the price of the property to be taken over ! by the City is now pending before the Supreme Court of Arkansas for determination; and WHEREAS, the City of West Memphis desires to ovm and operate said electric transmission system as a municipal property and to that end must be prepared to finance the purchase of said property after the price has been determined; NOW, THER FORE, BE IT RESOLVED By the City Council of the City of West Memphis, that is is urgent and necessary that the City of West Memphis prepare now to finance the purchase of said electric transmission system after the price of the same has been determined by court decision, and that t.le money must be available within a very short time after the Supreme Court decision has been rendered and, therefore, an emergency exists and the City Council deems it to be for the best interest of the City that a contract be made now for securing the necessary money to pay for the plant to be acquired; AND BE IT FURTHER RESOLVED That the Mayor or City Clerk or Recorder of the City of West Memphis, Arkansas, be and they are hereby authorized and directed to sign an agreement with Cherry, Villareal & Company, of Little Rock, Arkansas, for for the financing of the purchasing of the above described property which agreement shall be in words and figures as follows: Honorable W. H. Hundhausen, Mayor, City of West Memphis, West Memphis, Ark. Re: West Memphis Electric Light Plant • Dear Sir: We agree to purchase at par 40 certificates of indebtedness with the right of conversion to a lower rate of interest in the amount necessary for the city to acquire and operate the electric properties of the West Memphis Power and Light Co. We agree to pay for the Attorney's fees for approving the issue, the printing of the certificates, the trustee fees and all expenses of Joe Bond, • e ) ,! ' MINUTES OF REGULAR MEETING OF WEST MEMPHIS CITY COUNCIL HELD IN CITY HALL TUESDAY MAY 14th, 1940: Certified Public Accountant of Little Rock for the purpose of examining the revenue and expenses of the West Memphis Power and Water Co. in order to determine whether the citizens of West Memphis, Ark. are paying a fair and just rate for their electric current. The certificates of indebtedness are to be secured by mortgage upon the property and payable solely from the revenue from t. e plant. The certificates are callable in reverse numerical order at par and interest on any maturity date on thirty days notice after five years from the date of these certificates. 4 The city agrees do all the things necessary to comply with the Supreme Court decision by passing the ordinances required by the approving attorney. 1 We agree to do all the things necessary in order to have the certificates of indebtedness and papers prepared in order to close the transaction after the Supreme Co:rt's decision in order that the city can take over the property immediately. We will pay for the certificates of indebtedness at the Union National Bank of Little Rock, Ark. upon receipt of approving opinion of Hon. Wallace Townsend, Little Rock, Ark. Yours very truly, • ^ CHERRY, VILLAREAL & CO. By Walter Stovall ACCEPTED: We agree to mature the Bond's from 5 to 20 years's or longer if CITY OF WEST MEMPHIS, ARK. Revenue Requires - Wm. H. Hundhausen The maturities to be determined Mayor by the City Council. J. 0. Spotts Cherry - Villareal & Co. City Clerk By Walter Stovall Dated 5 - 14 1940 Attested as to signature to Proposal and footnote agreement. J. 0. Spotts, Clerk Mayor Hundhausen then explained to the Board of Alderment the importance of the passage of this resolution at this time and requested that a vote by taken relative to its adoption and instructed the Recorder to Call the roll. Upon call of the roll relative to the adoption of said resolution, the vots was as follows: Ayes: Nays: • 0. I. Bollinger None F. E. Denson Melvin Dacus Mayor Wm. H. Hundhausen The M yor then declared said resolution adopted and the Recorder was instructed to spread same upon the records of the City of West Memphis. Mayor Hundhausen presented to the Council the matter of the time changes in the City of West Memphis. It being in the opinion of the Board of Aldermen that such change would be detrimental to the carrying on of business and other matters, same was not considered. Mayor Hundhausen was instructed by the Council to appoint a Committee to investigate the cost of cleaning out Ten-Mile Bayou and to confer with County Health Officer, Dr. Stevenson in this regard. Mayor Hundhausen discussed the matter of the jailer's salary with the Council and it was unanimou:;ly agreed that the salary of the city jailer be increased from $50.00 per month to $65.00 per month retroactive to May 1, 1940. The Recorder presented monthly bills for payment and upon motion by Alderman 0. I. Bollinger with proper second by Alderman F. E. Denson, it was '444 MINUTES OF REGULAR MEETING OF WEST ME PHIS CITY COUNCIL HELD IN CITY HALL TUESDAY MAY 14th, 1940: unanimously agreed to pay said bills and the Recorder was thereby instructed to draw warrants in payment thereof. Bills to be paid are as follows: Charlene Sigman $ 7.00 J. H. White 8.00 W. C. Ellison 2105 Will Carter 2405 W. Dickey, & Rich Lbr. Co. 708.20 Barton & Son 50.00 Bragg & Company 7.59 N. 0. Nelson Company 5.25 McCaa Chevrolet Co. 32.48 Crittenden County Times 10.00 American-La France Company 51.73 Newspaper Guild 25.00 Duo Ladder Co. 56.00 Southwestern Bell Tel. Co. 57.01 Dr. Hamilton 6.50 Modern Mercantile Co. 4.50 McCarter Chev. Co. 3.79 B. F. Goodrich Rubber Co. 100.00 McCaa Chevrolet Co. 63.71 J. A. Riggs Tractor Co. 5.80 Modern Mercantile Co. 8.66 Johnson Auto Co. 154.95 Lewis Supply Co. 5.85 West Memphis News 7.25 Choctaw Culvert Co. 96.95 W. G. Cole Agent 59.04 W. G. Cole Agent 30.76 There being no further business to come before the meeting, same was adjourned. Mayor TE( *er CERTIFICATE I, J. 0. Spotts, the duly elected, qualified and acting Recorder for the City of West Memphis, do hereby certify that the attached and foregoing tYPewr.itt '' typewritten pages constitute a true copy of the minutes of the regular meeting of the City Council of the City of West Memphis, Arkansas, held on the 14th day of May, 1940, as same appear of record in Minute Book 1, page 241 of the records of the City of West Memphis. IN TESTIMONY WHE<tEOF, I have hereunto set my hand and affixed the seal of the City of West Memphis on this the 23rd day of May, 1940. Recorder MINUTES OF MEETING OF CITY COUNCIL, CITY OF WEST MEMPHIS, ARKANSAS REGULAR MEETING, TUESDAY, JUNE 11th, 1940: On Tuesday, the llth day of June, 1940 the City Council of and for the City of West Memphis, Arkansas met in their regular monthly Council Meeting at Eight O'Clock P. M. inthe City Hall Building with the following members present: W. H. Hundhausen, Mayor, J. 0. Spotts, Recorder, F. E. Denson, 0. I. Bollinger and Melvin Dacus, Aldermen, C. H. Bond, City Engineer, Hugh Ingliss, Asst. City En- gineer, and Clarence Clifton, Attorney of Memphis, Tenn. was also present. Upon call of the roll, the Mayor thereby declared a quorum present, and the following proceedings were had towit: 1 The Mayor asked for reading of the minutes of last council meeting, and said minutes were read. Alderman Dacus stated that he had seconded the motion for adop- tion of resolution read at last meeting, wherein Joe Bond, Certified Public Account- ant of Little Rock, Ark. be employed to check the Records of the West Memphis Power & Water Co. and he also stated that he had seconded the motion for adoption of res- olution read at last meeting wherein the Mayor and Recorder were authorized to enter into contract with Cherry Villareal & Co. of Little Rock, Arkansas to finance the proposed purchase of Power and Light Utilities, and he moved that the minuted show such second to each resolution b4 interlineation and with this change that the Ia minutes be approved as read. Said motion was duly seconded by 0. I. Bollinger and dupon call of the roll relative to said motion, the rote was as follows: AYES NAYES Melvin Dacus NONE 0 I Bollinger F EDerison W u Hundhausen The Mayor thereby declared said motion duly adopted and the recorder was instructed to make the above and aforesaid interlineation. The following resolution was offered by Alderman 0 I Bollinger who moved it's adoption: Said motion was duly seconded by Melvin Dacus. RESOLUTION WHEREAS, a suit has been brought in the Chancery Court of Crittenden County, Arkansas, against the city of West memphis , and against thef ollowing persons in their official capacities as officials of the City of West Memphis: William H. Hundhausen, as Mayor; J. 0. Spotts, as Recorder; F. E. Denson, 0. I. Bollinger, I. L. Owens, Melvin Dacus, Homer Jones and R. C. Breeze, as Aldermen, seeking to enjoin the City of West Memphis and the City Council and the official members thereof from carrying out their lawful duties as such'city officials and from complying with lawful contracts made and approved by said City Council and also seeking to enjoin the City of West Memphis and the said City Council from purchasing and attemppimg to purchase the electrical transmission system of the West Memphis Parer V,: Water Company, the right to purchase wFnibh has been sustained by the Supreme Court of Arkansas: and, WHEREAS, it is proper and necessary that counselbe employed to represent the City of West Memphis and the City Council and the members thereof in their official capacity, NOW THEREFORE, be it resolved that Ceylon B. Frazer and Clarence E. Clifton, attorneys, composing the firm of Frazer & Clifton, with such associate counsel, if any, as they shall select, are hereby employed to represent the City of `lest Memphis Arkansas, and the City Council thereof in the suit of J. C. McCaa, et al, vs. City of West Memphis, et al, No.5747 now pending in the Chancery Court of Crittenden County, Arkansas, with full authorityto take such action, either by defensive or affirmative pleading as they or either of them may deem proper in order to fully protect the rights and interest of the City of West Memphis and the City Council of said City. Upon call of the roll relative to adoption of said resolution, the roll was called and the vote was as follows: AYES NAYES F. E. DENSON NONE 0. I. BOLLINGER MELVIN DACUS W. H. HUNDHAUSEN I MINUTES OF MEETING OF CITY COUNCIL, WEST MEMPHIS, ARKANSAS REGULAR? MEETING, TUESDAY, JUNE llth, 1940 ; Thereby the Mayor declared said resolution duly adopted, and the recorder was directed to spread same upon the records of the City of West Memphis. The following resolution was offered by Alderman 0. I. Bollinger, who moved its adoption: Said motion was duly seconded by Alderman Melvin Dacus. RESOLUTION WHEREAS, The Crittenden County Library has been located in West Memphis for the past few years: and, WHEREAS, Said library has not been supported by the other communities in the County as it should be and has prectically been left the sponsorship of the library to West Memphis; and, WHEREAS, The County Library Executive Committee have conferred with the other communities of the county with view of relinquishing whatever right they might claim on the liubrary with view of thruing the liabrary over to the City of West Memphis officially now: therefore, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF WEST MEMPHIS that they do take over and sponsor said liabrary, and that it be called the West Memphis Liabrary and that they 'agor be authorized to appoint a boad d of control comprised of three members who will have full authority to expend whatever funds may be given or granted to said library for the purchase of books, equipment, etc. Said board to be appointed for a period of one year, and be subject to removal at will and pleasure of the Mayor and City Council. BE IT FURTHER RESOLVED that said board shall be ahthorized and directed to draw up a constitution and by-laws to govern the operatinn of the library. Upon call of the roll relative to the adoption of said resolution, the roll]. was called and the vote was as follows: AYES NAYES F. E. DENSON NONE 0. I. BOLLINGER MELVIN DACUS [I] W. H. HUNDHAUSEN Whereby, the Mayor declared said resolution duly adopted, the recorder was directed to spread same upon the records of the City of West Memphis. and in reaponse to said resolution and ahthority decreed therein, the Mayor appointed the following members of the Board of Control of the West Memphis Library: HUGH INGLISS MRS. KENT JACKSON MRS. L. P. BERNHARD It was unanimously agreed by the Council to purchase window blinds for the offices leased to the U. S. Engineers, and the City Engineer directed to make such purchase. It was unanimously agreed by the Council that the Rezorder draw warrant in the amount of $10.00 from the City General fund to make payment of balance due on costs of City Float in the Childrens Day Parade in the City of Memphis Tenn. It was unanimously agreed by the Council that a motion made at a Special Meeting of said City Council held on April 28th, 1936, and recorded on page 112 of the Records of Minutes of said City, therein it was agreed by the said City Council to pay to the City Attorney a monthly salary of $25.00, be cancelled, and r-' set aside, insofar as any further salary or compensation claims due the City Attorney are concerned. The recorder is hereby instructed to discontinue the issuance of ang City Warrants as such, and that salary for the months of April and May, 1940 �--• which are now due to Doyne Dodd be applied on Sewer Rental and Privilege License due to the said City of West ''emphis by said Doyne Dodd. Motion to the above effect was made by Alerman F. E. Denson and Seconded by Melvin Lacus, and the vote was as follows: AYES NAYES F E D ENS ON None 0 I BOLLINGER MELVIN DACUS W H HUNDHAUSEN Whereby the Mayor declared said motion duly carried. MINUTES OF MEETING OF CITY CCUNCIL, CITY OF WEST MEMPHIS ARKANSAS 2,4 REGULAR MEETING, TUESDAY, TUNE llth, 1940: The Mayor was instructed by the Council to proceed with necessary means to enforce collection of City Road Tax as authorized in City Ordinance No.58 duly passed on Sept. 21st, 1937 and recorded on page 153 of the Minutes of the City of West Memphis. Said motion was made by Alerman Melvin liacus and duly seconded by F. E. Denson. The following bills for payment;thre then produced''by-the"Record'er, and approved by the mdmbers: C H Bond, Engineer $ 357.01 Stratton-Warren Hdw Co.S 21.60 TN H Hundha►usen Mayor 400.00 Union National Eli& 118.54 .--.Stamps - Sewer Dept 10.00 B B Crawford & Co. 50.00 Riggii Tractor Co.. 15.33 Recreation Dept. 10.00 W R Carter 21.05 Sewer System-Dodd 27.00 MaCaa Chev Co. 3.47 " " -Baumann 18.00 WC Ellison 21.05 Lunmiie .'.ard 30.00 Johnson Auto Co. 129.29 Wallin Dickey & Rich 85.64 Mid-South Oil Co. 2.76 Sane 3.47 West Mfs Lumber Co. 32.48 Same 43.28 Standard Oil. Co 2.50 A R Taylor Co. 2.80 Bragg Service Co. 1.05 Union qanters Natl. Bank S C Toof & Co. 100.00 Inst on Bonds due 7/1/401002.50 C0 MoCarter's Dairy 6.01 L(- Tri-State Floral Co. 24.00 p=1 West Mfs News 6.00 Mcetionwas made by alderman Bollinger, and with proper second, the recorder was authorized to draw warrants and the treasurer authorized to pay same to the amount of such items as above stated. All members present voted in the affirmative. There being no further business, and upon proper motion and seoond, the meet- ing was adjourned. Mayor ATTEST ORecorder 1 i 7 1 i4 N MEUTES OF MEETING OF CITY C OUii C IL ©F 0 iTJ OF MST ME MPHIS: REGULAR MEETING TUESDAY JULY 9th, b4 1940: On Tuesday, the 9th day of July, 1940 the City Council of the City of West Memphis, Arkansas met in regular cession at eight o'clock P. M. in the Council Charm er, City Hall Building, with the following Members, present: Mayor W. H. Hundhausen, J 0 Spotts, Recorder, F E Denson, 0 I Bollinger, Melvin Dacus Aldermen, and Doyne Dodd, City Attorney and C H B,nd, Engineer. Upon call cf the roll, the Mayor declared a quorum present, and the following proceedings were had towit: City Engineer Bond outlined a proposed street improvement project for consider- ation of the Council, and after discussion, it was agreed by the members present to proceed with said street improvements as follows: Gravel Bond Street from Rhodes to Avalon, " Oliver " " Rhodes to Avalon, " Barton " " Rhodes to Avalon, " Rhodes " " Highway PO to Dliver, " Mance " " Highway'#fit to Frisco Railway, Finish gravelling Pine Street, Gravel 9th Street from 159.dison to Jackson, " Jackson Street from 8th Street to 9th Street, " Woods from Pope to Harrison, " First Street from Dope to Harrison, " Harrison from 2nd to VTobds Street, " Redding from Danner to Highway [70, " Redding from Roosvelt to' Barton, - It was unanimously agreed by the Council to pay Jimmy Moore, employed by the Mayor to collect street taxes, the sum of 20; of the amounts of cash collected by the said Jiffy Moore, payable each four weeks, beginning July 13th, 1940. It was unanimously agreed by the Council to re-instate the salary of the City Attorney, Doyne Dodd, ;25.00 per month, retroactive to the first of July 1940. There being no further business to come before the Council, same was adjourned to meet again at the same hour and place on Tuesday, the 25xd day of July,' 1940, by order of the Mayor. (-i W. H. HUEDHAUSEN, Mayor, ATTEST: J 0 SPOTTS, RECORDER. MINUTES Purcuatt to last adjournment, the City Council of the City of West Memphis mat in the Council Chambers, City Hall Building at eight o'clock P. M. on Tuesday the 23rd day of July , 1940 with the following members present: W H Hundhausen, "ayor, J 0 Spotts, Recorder, F E Denson, 0 I Bollinger, and Melvin Dacus, Aldermen. The following proceedings wore had towit: lever Hundhausen, presiding, advised the Council that no matters of .impvntanee need attention at this tire, and asked that the council be adjourned, to meet again at the same hour and place on Tuesday the 30th day of July, 194Q, which upon proper motion and second, was duly ordered by the council. There being no further business, and upon proper motion and second, the council adjourned until 8 P. L. July 30th. W. H. HU";DHAUSE :, Mayor, ATTEST: J 0 Spotts, Recorder. I MINUTES On Tuesday the 10th day of September, 1940 the City Council of the City of West Memphis met in-regular session in the Council Chamber, City Hall Building at 8:00 P. M. with the following members present: W. H. Hundhausen, Mayor J. 0. Spotts, Recorder Doyne Dodd, City Attorney C. H. Bond, Engineer H. Ingliss, Assistent Engineer F. E. Denson, Alderman 0. I . Bollinger, Alderman Melvin Dacus, Alderman Mayor Hundhausen declared a quorum present and the following proceedings were had, to-wit: Alderman, 0. I. Bollinger introduced the following Ordinance and moved e—( its adoption, Alderman Dacus seconded this motion. C0 ORDINANCE NO. 82 AN ORDINANCE PROVIDING F(R THE MANNER OF MAKING LIGHT AND WATER CONNECTIONS. BE IT (RDAINED BY THE COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, IN REGULAR SESSION ASSEMBLED: SECTION 1. That before the West Memphis Power and Water Company, or any other power or light company within the corporate limits of West Memphis shall make connection with any building of any nature or description, whether business or residential, said company shall first obtain a permit from the City Engineer that the electrical wiring of said building has been inspected and approved by the City r-- Engineer. SECTION 2. That before the West Memphis Power and Water Company, or any other company shall make a water connection to any building whether business or resi- dential, of any other type whatsoever, said company shall first obtain a permit from the city engineer that said plumbing has been inspected and approved by said City Engineer. SECTION 3. That if any power or water company, including the West Memphis Power and water company, shall make either of the above electrical or water connections, without first having obtained a permit from the City Engineer, said company shall be subject to a penalty of 50.00 dollars for failure to comply with this ordinance. SECTION 4. Any individual, business, firm, or corporation making a private light or water connection of any nature not included in the above sections or without first having obtained permits from the City Engineer, shall be subject to a fine of 25.00 Dollars, for failure to comply with the terms of this ordinance. SECTION 5. All ordinances and/or parts of ordinances in conflict herewith are hereby specifically repealed. SECTION 6. Whereas, failure to comply with this :oe.dinance will probably result in faulty electrical wiring and plumbing in buildings within the corporate limits of the City of West Memphis, which might result in fires, electrical shocks to individuals, or property damage, it is therefore necessary to the peace, health, k and safety of the citizens of West Memphis that this ordinance be, and it hereby is declared to be in full force and effect from and after it's passage and publication as required by law. Motion was made by Adlerman F. E. Denson that the rules be suspended and the Ordinance read the second time. This Motion was seconded by Adlerman, Dacus and the Ordinance was thereby read the second time. Motion was made by Melvin Dacus that the rules be suspended, the ordinance read the third time and placed on final passage. This motion was seconded by 0. I. Bollinger and the Ordinance was thereby read the third time and the question being upon it's adoption the roll was called and the result of the vote is as follows: 4uU AYES NAYF,S F. E. Denson NONE 0. I. Bollinger Melvin Dacus W. H. Hundhausen. The said ordinance was thereby declared adopted, including the emergency clause the Recorder was instructed to spread same upon the record of the Ordinances of the City of West Memphis, to have same published as required by Law and to [I) number said Ordinance Number 82. The following resolution was introduced by Alderman 0. I. Bollinger who moved it's adoption. RESOLUTION Whereas, J. C. McCaa and Jack W. Rich for the use and benefit of themselves and all the tax payers, residents, citizens, and qualified electors of the City of West Memphis, Arkansas, have filed suit in the Chancery Court of Crittenden County, Arkansas, against the City of West Memphis, and the Mayor and Recorder of said City and the City Council thereof, and Whereas, it is alleged in said law suit the said City and City Council do not have the right to purchase and acquire the transmission system of the West Memphis Power and Water Company which right has been expressly decreed by the Supreme Court of Arkansas, and Whereas, the City Council and the City of West Memphis by William H. Hund- hausen, Mayor, and Aldermen 0. I. Bollinger, F. E. Denson, and Melvin Dacus have retained Fraxer and Clifton, Attorneys, to represent the City Council and the City of West Memphis and to take what other action as is necessary to protect their uespective interests, and Whereas, it is to the best interests of the City of ',pest Memphis thatthe afore said suit be defended and proper defense be made, and it is also proper that the City of West Memphis should pay such attorneys fees as may be incurredbby reason of defense of said suit: Now, therefore, be it resolved by the City Council of the City of West Memphis, in regular monthly meeting on this 10th day of September, 1940, that the employment of Frazer and Clifton, Attorneys, is hereby made, ratified, and confirmed Be it further resolved that Frazer and Clifton, attorneys, be and they are hereby employed far the ,purpose of, and authorized and directed to institute suit against the West Memphis Power and Water Company and all other persons as they may deem necessary as parties, for the purpose of causing the West Memphis Power and Water Company to render and to account to the City 'of West Memphis for the revenues received by said West Memphis Power and Water Company from the operation of its electrical properties since August 28, 1936, or such part of such revenues as are recoverable by the City; Be it further resolved that the said City of West Memphis, William H. Hund- hausen, as Mayor, J. 0. Spotts, as Recorder, and the Board of Aldermen as such do hereby employ Frazer and Clifton, attorneys, to defend the suit filed in the United States Court for the Eastern District of Arkansas, Jonesboro Division on the 10th day of September, 1940, and stiled Southeast Power and Light Comparkv against the City of West Memphis, et al. Alderman Melvin Dacus seconded the motion relative to the adoption of said resolution and upon call of the roll the votes with reference to adoption ;;gas as follows: AYES N&YES • F. E. DENSON 0. I. BOLLINOM2 NONE MELVIN DACUS �'l. H. HUNDHAUSEN 251 Said resolution was thereby declared duly adopted and the Recorder instructed to corporate same in the minute:record of the said City. The City Engineer was authorized to paint parking lanes and zones on the Streets of the City of West Memphis where needed. All the bills payable were presented to the Council by the Recorder and upon motion of F. E. Denson and properly seconded by 0. I . Bollinger the Recorder was instructed to draw warrants €nd the Treasurer authorized to pay same covering the following bills and accounts due by the City of West Memphis. S. W. Bell Tele Co., $72.13 Cross Co. Gravel Co. $485.70 Standard Oil Co. 15.10 C. H. Bond, Eng. 593.49 Wallin Dickey R. Lbr. Co. 45.14 Stamps 10.00 McCaa Chev. Co. 3.45 S. C. Toof & Co. 100.00 Elkhart Brass Mfg. Co. 70.05 B. F. Goodrich Co. 75.00 Orgill Bros & Co. 36.87 Howze 17.10 Stratton-Warren Hdw. Co. 3.00 E. H. Clarke 9.00 Crittenden County Times 70.40 Sinclair 60.50 City of West Memphis Sewer 10.90 W. G. Parker 36.45 Sr- West Mfs. Lumber Co. 4.`7 0. I. Bollinger 7.00 Southern Blind Co. 12.16 Ark. Munc. League 30.00 k"J Dacus Lbr. Co. .90 C. 0. Williamson & Co. 11.84 F. & S. Electric Co. 70.44 McCarter Dairy 8.02 I. M. Hanna 8.00 F. M. Causey Ptg. Co. 25.00 Riggs Tractor Co. 81.44 West Mf s. Power & W. Co. 135.41 Same Sewer 43.53 Same Com.House 12.64 Same City Hall 28.88 Spotts Drug Co. 4.00 L. B. Jones & 6on 8.40 H. Ingliss - Coal 22.14 Bragg Service Co. 585.12 E. B. Crawford & Co. 7.50 Dr. Ralph Hamilton 2.00 Johnson Auto Co. 2.60 There being no further business to come before the Council and upon proper motion and second same was duly adjourned to meet again at the same hour and place on Tuesday, September 17, 1940. y� W. H. HUNDHAUSEN LAY(R ATTEST J. 0. SPOTTS 4 1 MINUTES On Tuesday, September 17, 1940 the City Council of the City of West Memphis met in an adjourned session at 8:00 o'clock P. M., City Hall Building with the following members present : W. H. Hundhausen, Mayor J. 0. Spotts, Recorder F. E. Denson Alderman O. I. Bollinger Alderman Melvin Dacus Alderman The Mayor declared a quorum present and the following proceedings.hald to-wit : It was unanimously agreed by the City Council to pay Marcus Feitz, Master Engineer in the Suit involving the Power and Light System the sum of Eleven hundred and twenty five Dollars same being one half the fee established by the Chancery Court of Crittenden County as compensation for his services in said matter. It was unanimously agreed to pay all Aldermen amounts due for compensation for monthly meeting at';endance to dafe and to pay Lummie 'r(ard Twenty Seven ( '27) for cutting weeds on the vacant lots in the City of West Memphis and to pay James Moore the sum of Thirty Dollars ( 30) to compensate him for warning bf Street tax and City Auto Tags issued by the said James Moore to date. wThere being no further business, and upon proper motion and second, the as duly adjourned to meet again at the same hour and place on Tuesday, September 24, 1940. MINUTES 71, On Tuesday, October 8, 1940 the City Council of the City of West Memphis met in regular session at 8:00 O'clock P. M. in the City Hall Building with the following members present: W. H. Hundhausen, Mayor J. O. Spotts, Recorder Doyne Dodd, City Attorney Hugh Inglis, Assistant City Engineer F. E. Denson, Alderman O. I. Bollinger Alderman Melvin Dacus Alderman The Mayor declared a quorum present and the following proceedings were hecd. t0 wit: Robert Dilport, Farm._Security Administrator for Crittenden County came before the Council with a proposal of renting office space in the City Hall Building and said proposal was unanimously declined by the Council. The following Ordinance was introduced by Alderman, 0. I. Bollinger, seconded by Melvin Dacus, Alderman, and read the first time. ORDINANCE NO. 83 AN aRDINANCE TO PROVIDE THAT THE RATES AND CHARGES FOR SEARGE SERVICE FURNISHED BY THE MUNICIPALLY OWNED SEWERSYSTEM OF WEST MEM PHIS THEN NOT PAID '50 CONSTITUTE t A LIEN AGAINST THE PROPERTY SERVED THEREBY. AND TO PROVIDE FOR THE COLLECTION OF S AME. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANS1.3, IN REGULAR SESSION ASSEMBLED: SECTION 1. That all rates and charges for sewerage service furnished by the municipally owned sewer system of West Memphis if not paid when due shall constitute a lien zpe nottro xb ;; k kventaffn zimprosteme hensun on the premises served by the municipally owned sewer system, and such rates shall constitute a lien upon the free title to the land and permanent improvements thereon served thereby. If the said service rate or charge is not paid within thirty days after the same becomes due, the amount thereof together with a penalty of ten <«J x . xx xxXxx D xtoCk-R )ftc xx l x�)s minck .9a c r:a mcxtradctcxmc percent and a reasonable attorney's fee may be recovered by the Sewer Committee by suit filed in the Crittenden County Chancery Court in the • name of the Incorporated City of West Memphis, or in the name of the Trustee • in the indenture securing the revenue bonds issued for the building and construction of said municipally owned sewerage system, or in the name of the bondholders (to such extent as their right to sue in their own name may be permitted under said indenture) , and in which suit said lien may be fore— closed against such lot, parcel of land, or building. SECTION 2. The rates and charges as fixed by the Sewer Committee shall he due and payable monthly, and shall be collected by the sewer Committee or such persons as it may designate, and shall be handled and disposed of as in the manner fixed by ordinance. SECTION 3. It appearing that sewer rentals are not being paid promptly and in tome cases are not being paid at all, and that the failure to collect these rentals creates a danger of failure to retire bonds that were issued to construct the sewer system, and to liquidate operating expenses incurred by the sewer system; and that by reason of said failure the sewer system would necessarily cease to operate thereby endangering health of the citizens of West Memphis, therefore, an emergency is declared to exist and this ordinance being necessary for the immediate preservation of the public peace, health, and safety shall take effect and be in force from and after its passage and publication as required by law. . H. Hundhausen MAYOR ATTEST: J. 0. '6 , Recorder lotion was/ made by Alderman, F. E. Denson and seconded by Melvin Dacus, Alderman, that rules be suspended and the Ordinance be read the second time, which was done. Motion was then made by Alderman, Melvin Dacus and seconded by Alderman, 0. I. Bollinger Ahab ithe rules be suspended, the Ordinance read the third time and placed on f&'zaal; or passage. Following the third reading of said Ordinance the question being upon its adoption the roll was called by the Recorder and the result of the vote is as follows: AYES NAYES F. E. Dend'on .‘ (None) 0. I. Bollinger Melvin,Dacus 1W. H. Hundhausen Whereas said Ordinance was declared duly adopted, the Recorder was fegsuirstad to spread same upon the record of the Ordinances of the City of irdest Memphis, to have same published as required by Law and to number said Ordinance Number 83. The following Ordinance was introduced by Alderman Melvin Dacus and seconded by F. E. Denson and read the first time. CR DINANCE NUMBER A AN ORDINANCE AMENDING ORDINANCE NUMBER 33 OF THE CITY OF WEST MEMPHIS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF WEST MEMPHIS, IN REGULAR SESSION ASSEMBLED, SECTION 1. That Ordinance Number 33 of the Ordinances of. the City of .best Memphis shall be, and it hereby is amended to read as follows: In addition to the persons, firms and corporations, hereinabove named in Section Number 1 of Ordinance Number 33 the following persons, firms and corporations shall hereinafter be included in the Ordinance, and an annul license fee, to be known as a Prililege or Occupation Tax shall be levied against them in the amount set opposite the name of the trade, business, profession, vocation and/or calling herein mentioned, viz; 15` • SHEET METAL WORKS p2 r,.00 BUTANE GAS & ACCESSORIES 50.00 POTTERY, RETAIL 5.00 CEMENT PRODUCTS, POTTERY, ?;4ANUFACTURING AND/OR WHOLESALE 10.00 WHOLESALE TIRES AND TUBES 25.00 WHOLESALE AND/OR RETAIL FISH 10.00 WHOLESALE AND/OR LIVE MINNOWS 10.00 SECTION 3. It appearing that the City is in sore need of revenue with which to build and repair streets, and make other improvements necessary to the public peace health and safety of the citizens of the City of West Memphis, and emergency is declared to exist, and this Ordinance shall be in full force and effect from and after its passage and publication. W. H. Hundhausen MAYOR PASSED ATTEST Following the reading of said Ordinance, motion was made by F. E. Denson and seconded by 0. I. Bollinger that the rules be suspended and the Ordinance read the third time and be placed on files for final passage. Then, following the third reading of said Ordinance, the question being upon its adoption, the roll was called by the Recorder, and the 'tote being as follows: AYES NAYS W. H. Hundhausen, Mayor (None) F. E. Denson, Alderman 0. I. Bollinger, Alderman Melvin Dacus, Alderman Tt was unanimously resolved by the Board to grant a one half price reduction in all city Auto tags issued following this date. The following Resolution was introduced. by 0. I. Bollinger, and seconded by Melvin Dacus and unanimously adopted by the Council: RESOLUTION BE IT RESOLVED THAT the City collector be hereby authorized to issue City License tags for the remaining part of the year of 1940 for one half price and to collect not more than One Dollar and fifty cents 01.50) for each tag issued during the rest of the year of 194D. The following bills were authorized for payment and the Recorder directed to issue warrants and the Treasurer to draw check in payment thereof. Lummie Ward «2 7.00; Boy Scouts 100.00 Union Labor Review 75.00 It was unanimously resolved by vote of the Council to employ Hugh Inglis as Supervisor of street improvement, repair and maintenance and other City sponsored projects which may follow within the duties of such Supervisor and that his salary by placed at Fifty Dollars ( 52.00) per month. There being no further business, and upon proper motion and second, the meeting was duly adjourned. MINUTES On Thursday, October 30, 194f) the City Council of the City of West Memphis met in a special called session in the Council Chambers, City Hall Building et 9:00 A.M. all members having had dde notice as required by Law and the following being present : , 2JJ W. H. Hundhausen, Mayor J. 0. Spotts, Recorder Doyne Dodd, City Attorney 0. I. Bollinger, Alderman I. L. Owens, Alderman R. C. Breece, Alderman F. E. Denson, Alderman Homer Jones, Alderman Melvin Dacus, Alderman John M. Smith, Attorney of Marion, Arkansas and Clarence Clifton, Attorney of Memphis, Tennessee were also present. The Mayor declared a quorum present and the following proceedings were had to wit; Mayor Hundhausen explained to the Council a proposal received from the West Memphis Power and W'atet Company relative to a compromised settlement in the litigation now pending with reference to the ownership to the Power & Light utilities. The following resolution was introduced by 0. I. Bollinger and seconded by Melvin Dacus. RESOLUTION d ems; WHEREAS, much litigation has arisen with reference to the ownership and operation of the power and water utilities of the City of West Memphis, and WHEREAS, said litigation has proven and is proving very expensive to the City of West Memphis as well as to the West Memphis Power & Water Company, and WHEREAS, the City of West Memphis has received a proposal from the West Memphis Power & Water Company whereby the said City of West Memphis may buy, and the said West Memphis Power & Water Company agrees to sell the power, light, and water utilities at a price and terms to be later agreed upon, now THEREFORE, be it resolved that the Mayor of the City of West Memphis be, and he is hereby authorized to enter into negotiations on behalf of the City of West Memphis with officials of the West Memphis Power & Water Company in order to work out a definite and amicable agreement to be later submitted to the City Council for its approval. The question being upon the adoption of said resolution, the roll was called, and the following voted in the affirmative: AYES NAYES P. Y. Dacus None I. L. Owens R. C. Breese F. E. Denson Homer Jones O. I. Bollinger r _. There being no further business to come before the meeting, and upon motion with proper second the meeting was duly adjourned. 11. H. HUNDHAUSEN MAYOR ATTEST: J. . OTTS R r er MINUTES On Tuesday the 12th day of November, 1940, the City Council of the City of West Memphis met in regular session in the City Hall Building at 8:00 o'clock p. m. with the following members present: W. H. Hundhausen, Mayor P. M. Dacus, Alderman Doyne Dodd, City Attorney R. C. Breese, Alderman I. L. Owens, Alderman F. E. Denson, Alderman 0. I. Bollinger, Alderman Whereupon the Mayor called a quorum present, and the following `„•� proceedings were had to wit: The following resolution was introduced by Alderman Y. F. Dacus, who moved its adoption: RESOLUTION SECTION 1. WHEREAS, the Council of the City of West Memphis has been petitioned by certain citizens of said city to make certain street improvements, and WHEREAS, said City Council after investigation finds that said improvements should be made, NOW, TIEREFORE, BE IT RESOLVED by the Council of the City of West Memphis, in regular session assembled, that Hugh Inglis, assistant City Engineer, be and is hereby authorized to gravel and improve Worthington Park Drive, the one block of Polk Street immediately adjacent to and running along side Woods Park, and one block of 18th Street. Be it further resolved that the (1) said Hugh Inglis, assistant City Engineer, be and he hereby is authorized to purchase such shrubbery necessary for the beautification and the land- scaping of the City Hall grounds, said purchase not to exceed seventy-five (75.00) dollars. MAYOR PASSED: November 12, 1940 ATTEST: Upon proper second the question being upon the adoption of said resolution, the roll was called and the vote being as follows: AYES NAYES P. M. Dacus None I. L. Owens R. C. Breese F. E. Denson O. I. Bollinger There being no further business to come before the Council, and upon motion with proper second the meeting was duly adjourned. W. H. HUNDHAUSEN MAYOR ATTEST: �!FOTTS tir •1ER 257 MINUTES On Monday December 2, 1940, the City Council of the City of West Memphis met in a special session at 3:00 o'clock p. m. All members having had due notice as reouired by law, and the following being present: W. H. Hundhausen, Mayor I. L. Owens, Alderman J. 0. Spotts, Recorder P. M. Dacus, Alderman Doyne Dodd, City Attorney Homer Jones, Alderman R. C. Breece, Alderman F. E. Denson, Alderman 0. I. Bollinger, Alderman Whereupon the Mayor called a quorum present, and the following proceedings were had to wit: Pursuant to resolution duly adopted by the City Council at a special meeting held on October 30, 1940, the following contract and agreement for purchase of the assets of the West Memphis Power & Water C,7 Company was presented to the Council for its approval: AGREEMENT THIS AGREEMENT, entered into this t,, day of e,c) , 1940, by and between the WEST M.EMPHIS POWER & WATER COMPANY, an Arkansas corporation, with its principal office and place of business in West Memphis, Arkansas, hereinafter referred to as the "Company" and the CITY OF WEST MEMPHIS, ARKANSAS, a municipal corporation, organized and existing under and by virtue of the laws of the State of Arkansas, herein- after referred to as the "City" : WITNESSETH: WHEREAS, the Company owns and operates an electric generating and electric distribution system and also a water system in the City of West Memphis, Arkansas, and said properties are operated under separate franchises from the City; and, WHEREAS, it is provided in said franchises that on certain terms and conditions the City may acquire both the electrical and water properties in said City, and, WHEREAS, a dispute has arisen between the Company and the City as to the proper construction of the franchise under which the Company operates its electrical property in said City and the rights of the parties there- under, and said dispute has resulted in protracted litigation both in the Courts of the State of Arkansas, and the Supreme Court of Arkansas has entered a decree directing the said City to acquire the Company's electrical distribution system within said city on the terms and conditions specified in said decree and appeals are still pending in that litigation and the Company still maintains the City must purchase both the electric generating system and the distribution system; and, fWHEREAS, the City desires to purchase and acquire the water properties of the Company in West Memphis, Arkansas, under and pursuant to the terms of the franchise granted to the Company and has so signified to the Company as provided in said franchise; and, WHEREAS, it is the desire of all parties hereto to end all litigation and controversy regarding said franchise by the purchase by the City of all of the electric generating and electric distributing system and also the water system of the Company in said City upon the terms hereinafter specified, under and pursuant to said franchise and under the condemnation proceedings heretofore instituted, and that might in the future be insti- tuted, by said City for the acquisition of said properties, or any of them; 406 NOW, THEREFORE, in consideration of the premises, and the mutual promises, covenants and conditions herein set forth, it is mutually agreed as follows:- 1. The Company will sell all of its electric properties within and contiguous to the City of West Memphis, including both distribution and generating system, and all its water properties within and contigu- ous to the City of West Memphis, including inventories used in connec- tion with said systems, and also certain office equipment to be agreed upon, for the sum of Two Hundred and Ten Thousand Dollars ($210,000.00) and the City by these presents covenants and agrees to buy said proper- [ii ties at said price upon the terms hereinafter specified. It is mutually agreed and understood that this contract relates to the sale of all of said electrical and water properties, which said electrical property includes both the distribution and generating systems; and that this is a mutual agreement between the parties hereto relating to the rights of said City to acquire said properties under the existing franchises and is pursuant thereto. 2. In determining the purchase price of $210,000.00 the value of the distribution system of the electrical properties is taken to be the price established in the litigation between the parties hereto in the Courts of the State of Arkansas and the sale is deemed to be compliance by the Company with the decrees in said litigation now pend- ing between the parties hereto in the Courts of the State of Arkansas relating to said electrical properties. 3. Upon the payment by the City of the purchase price in the manner herein agreed upon, the City will acquire title to said electrical and water property as of December 1, 1940. However, this is an interim contract, and pending the payment of the purchase price to the Company, the Company shall retain the title to said property, but shall deliver possession to Roger Baumann, who shall hold such possession as agent both of the Company and the City. It is understood that any and all income accrued prior to December 1, 1940, shall belong to the City, provided the purchase price is paid to the Company by the City in accordance with the terms of this agreement, and until said purchase price is paid, said funds are to be held, used and disbursed by the said Roger Baumann as hereafter provided in this agreement. 4. The properties to be sold by the Company to the City, until the purchase price is paid to the Company as herein provided, shall be operated by Roger Baumann of the City of West Memphis, Arkansas, as the Agent of both the Company and the City. (In the event of the refusal of the said Baumann to so act, or his death or incapacity, the parties hereto shall mutually agree as to his successor who shall have all the rights and powers as if originally named herein.) Said agent or his successor is hereby mutually authorized as follows: (a) To operate the properties as General Manager pending payment of the purchase price by the City to the Company as herein provided. (b) To collect, for the Company, all revenues earned prior to December 1, 1940, and remit the same to the Company. (c) All revenue earned and collected after December 1, 1940, shall be deposited in the S c of in the name of Roger Baumann,Agnt or t: e City of West Y�hir s, Arkansas, and West Memphis Power & Water Company, Out of the funds so collected, the said Roger Baumann, as said Agent, shall pay as authorized and directed by the City all necessary salaries, operating expenses and maintenance of said property. 259 The said Roger Baumann agrees to use, each ninety days, any balance of income in excess of said necessary expenses: first, for the payment of interest at the rate herein provided on any unpaid purchase price due the Company, which interest is to be paid each ninety days after December 1, 1940; second, out of the balance above interest requirements, the said Roger Baumann will accumulate and retain as an interest free debt, due to the Company, sums up to $5,000.00, to be used as working capital; and third, and balance over and above said aforesaid items shall be used each ninety days to apply on any unpaid purchase price due the Company. The debt created by the retention of funds as herein provided for working capital shall be discharged when the City completes the purchase of the properties according to the terms of this agreement, and the sums so retained shall belong to the City, but if the City fails to complete said purchase of the properties according to the terms of this agreement, the City shall remain indebted to Company for said sums, which shall bear interest at the legal rate after default. (d) Until such time as the Company shall receive the full purchase price provided for herein, said property shall be maintained in as good g...� condition as heretofore maintained by the Company subject only to normal depreciation. 5. The City shall expeditiously proceed to procure the funds with which to pay the agreed purchase price, and it is understood that the City will first try to secure financing on the water (which will recuire the release of the properties and conveyance to the City) properties by the sale of bonds to third parties and out of the sale of said bonds there will be paid and delivered to the Company a minimum of Seventy-Five Thousand Dollars (075,000.00) ; provided, however, that in the event the City is unable out of said financing to pay the Company $75,000.00 in cash, it will deliver and pay to the Company a minimum of 65,000.00 and the difference between said $65,000.00 and $75,000.00 shall be paid out of the revenue of said water properties in excess of necessary expenditures, including interest and amortization of the bonds but subject to any require- ment contained in the indenture under which the bonds are issued, until the Company has received the sum of Seventy-Five Thounsand Dollars (075,000.00) in cash; the balance of the purchase price or One Hundred Thirty-Five Thousand Dollars (0135,000.00) will be represented by evidence of indebtedness of the City payable solely from the net revenues of the electric plant, which indebted- ness shall be assignable and secured by the electrical properties, both distri- bution and generating system, and the terms and conditions of the instrument securing said unpaid indebtedness shall contain all usual and reasonable provisions for the protection and security of the Company, including provisions relating to any default on the part of the City to discharge the obligations secured thereby according to their terms. 6. Said evidences of indebtedness shall bear interest at the rate of four percent (4%) per annum from the date of their issuance and shall be payable annually so as to amortize said balance with a ieriod of thirty (30) years or less, and shall contain a provision granting to the City the right of prepayment. The certificates of indebtedness will be payable only from net revenue remaining after expenses of operation and maintenance have been paid and do not constitute a debt of the City within any constitutional or statutory limitation and are not general obligations of the City. 7. It is expressly agreed and understood that said evidences of indebtedness and the validity pf any instrument securing the same shall be subject to the approval of counsel selected and designated by the Company. n-n 8. On and after December 1, 1940, the City agrees to pay interest at the rate of four per cent (4%) per annum to the Company on the entire purchase price of Two Hundred and Ten Thousand Dollars ($210,000.00) or any balance thereof, until paid. 9. The City agrees, until the purchase price has been paid to the Company as herein provided that it will not, of its own volition, reduce the rates for water or electricity to consumers, without first receiving the Company's consent in writing to such reduction. "4UU 10. Both the parties hereto agree that they will execute any and all instruments, deeds, ordinances and resolutions necessary to carry out this contract of sale and will proceed to complete the sale and purchase in as short a time as practicable. 11. It is understood between the parties hereto that this is an interim contract, and that any balance of the purchase price which will be represented by certificates of indebtedness of the City will be arranged so that the payment of said debt will be amortized in annual payments to pay both principal and interest over a period not to exceed thirty (30) years or less with the period of amortization to be designated by the City, and the interest rate on such unpaid balance to be figured at 4% per annum. IN WITNESS WHEREOF, the parties hereunto by their duly authorized officers have executed this agreement and a duplicate copy thereof on the day and year first above written. WEST MEMPHIS ,POWER & WATER COMPANY, BY President. ATTEST: Secretary. CITY OF WEST MEMPHIS, BY Mayor. ATTEST: r-- Recorder. ACCEPTED: Agent. After discussion Alderman 0. I. Bollinger resolved by motion that said contract be accepted by the City of West Memphis, and that the Mayor and Recorder of said City be authorized to sign said contract for and on behalf of the City of Wrest Memphis. Upon second to the above motion by P. M. Dacus, the roll was called with reference to the adoption of said contract the vote being as follows: AYES NAYES P. M. Dacus None I. L. Owens Homer Jones R. C. Breese --1 F. E. Denson 0. I. Bollinger W. H. Hundhausen ___, There being no further business to come before the meeting, and upon motion with proper second the meeting was ly adjourned. . H. HUNDHAUSEN MAYOR ATTEST: . 0. POTTS ORDER 4 MINUTES On Monday, December 9, 1940, the City Council of the City of West Memphis met in a special call session at 8:30 o'clock p. m. All members having had due notice as required by law, and the following being present: W. H. Hundhausen, Mayor I. L. Owens, Alderman J. 0. Spotts, Recorder P. M. Dacus, Alderman Homer Jones, Alderman r R. C. Breese, Alderman ( F. E. Denson, Alderman ii 0. I. Bollinger, Alderman , Whereupon the Mayor declared a quorum present, and the following proceedings were had to wit: Attorneys Frazer & Clifton of Memphis, Tennessee, came before the meeting with details and explained to the Council procedure in the • proposed purchase of the West Memphis Power & Water Company utilities. T_{ After hearing said explanations in detail, the Council authorized said Attorneys acting for and on behalf of the City of West Memphis to proceed in the working out of further details towards the completion of said purchase. n There being no further business to come before the meeting, and upon motion with I:roper second same was duly ad ' urned. . H. AMDHAUSEI MAYOR ATTEST: J. I✓ TS CO .R j MINUTES Cn Tuesday, December 10, 1940, the City Council of the City of West Memphis met in a regular session at 8:00 o'clock p. m. in the City Hall Building with the following members present: W. H. Hundhausen, Mayor F. M. Dacus, Alderman J. 0. Spotts, Recorder I. L. Owens, Alderman F. E. Denson, Alderman C. I. Bollinger, Alderman Whereupon the Mayor declared a quorum present, and it being apparent that no business or other matters were ready for attention at this time; the Council upon motion with proper second adjourned to met again at the same hour and place on Tuesday, December 17, 1940. /7)/,=:1-44-k.A.A14,-).-4-44--„.- W. H. HUNDHAUSEPI MAYOR ATTEST: J. T S DER MINUTES Pursuant to last adjournment the City Council of the City of West Memphis met in an adjourned session at 8:00 o'clock p. m. Tuesday, December 17, 1940, with the following members present: W. H. Hundhausen, Mayor I. L. Owens, Alderman J. 0. Spotts, Recorder P. M. Dacus, Alderman Homer Jones, Alderman R. C. Breese, Alderman F. E. Denson, Alderman 0. I. Bollinger, Alderman Whereupon the Mayor declared a quorum present, and the following proceedings were had to wit: Attorneys Frazer & Clifton were present, and made a report of their progress relative to working out details in the proposed purchase of the West Memphis Power & Water utilities. The Recorder presented the following bills for payment: • Commercial Appeal t100.00 McCarter's Dairy ; 8.31 Goodrich Rubber Co. 100.00 Thrifty Drug Company 7.00 Pidgeon-Thomas Iron `` Wallin-Dickey & Rich Company 127.00 Lumber Company 7.65 S. C. Toof & Company 122.35 Stark Brothers Nursery 40.10 Balton & Son 50.00 Arkansas Power & Light 4.67 West Memphis Tourist Firemen's Attendance 184.00 Court 35.94 Riggs Tractor Company 5.79 Bragg Service Company 164.44 L. B. Jones & Son 3.60 Harris Service Station 77.56 Standard Oil Company 53.60 West Memphis Floral Sinclair Refining Company 4.00 Company 24.54 There being no further business to come before the Council, and upon motion with proper second the meeting was duly adjourned to meet again at the same hour and place on Monday, December 23, 1940. W. H. HUNDHAUSEN MAYOR ATTEST: J.Q./ 0 TS ER `26 t MINUTES OF MEETING OF CITY COUNCIL OF CITY OF WEST MEMPHIS, ARKANSAS, REGULAR MEETING, MONDAY, DECEMBER 23, 1940: - The City Council of the City of West Memphis, met in regular session at the City Hall in said City at 8: 30 o'clock P.M. pursuant to prior adjournment. The meeting was called to order and there were present W. H. Hundhausen, Mayor, in the Chair, and the following named Aldermen: F. E. Denson, I. L. Owens, Melvin Dacus, R. C. Breese, Homer Tones, 0. I. Bollinger. Alderman 0. I. Bollinger introduced and caused to be read the following ordinance: ORDINANCE NO. g AN ORDINANCE TO ACQUIRE THE WATERWORKS AND r;i,ECTRIC LIGHT AND POWER SYSTEM OF WEST IEMPHIS, ARKANSAS, OWNED BY THE WEST MEMPHIS POWER AND WATER COMPANY AND TO AUTHORIZE THAT FUNDS BE BORROWED BY THE CITY OF WEST MEMPHIS FOR SAID PURPOSE IN THE PRINCIPAL AMOUNT OF $250,000. TO BE EVIDENCED BY WATER AND ELECTRIC REVENUE CERTIFI- CATES PAYABLE SOLELY FROM THE NET REVENUES OF SAID SYSTEM. L> ORDINANCE NO. 2' WHEREAS West Memphis Power & Water Company now owns and operates a waterworks and electric light and power system as a single combined unit for the purpose of furnishing water and electric light and power in and surrounding the City of West Memphis, Arkansas, and to the inhabitants thereof, and as a result of negotiations, said Company has now agreed to convey said waterworks and electric light and power system to said city at a determinable price, which price, together with the incidental costs of acquisition, has been deter- -- mined by the City Council of said city to be not less than $250,000; and WHEREAS the said City of West Memphis has the power to acquire works for lighting the streets and other public places with electricity and for furnishing light and power to consumers of electricity and for providing a supply of water, and it is deemed advisable that the works consisting of the combined waterworks and electric light and power system now owned by West Memphis Power and Water Company be acquired and thereafter owned and operated as a 40 municipal system; and WHEREAS funds are not available to said city with which to acquire said system, but there has been submitted to this City jail Council a proposal on behalf of Messrs. Leftwich & Ross of Memphis, Tennessee, and Associates, whereby and whereunder funds would be advanced to said city with which to acquire said system and the funds thus advanced and borrowed by said city would be repaid with interest solely and only out of the net earnings of the municipal waterworks and electric light and power system thus acquired from such funds, and in evidence of such advancement and borrowed funds there would be issued water and electric revenue certificates evi- dencing the unpaid amount and interest thereon, which certificates would be in convenient denominations and would collectively show 40 the respective installment repayments and when they were to be repaid; and WHEREAS this City Council has investigated and found . that the available net revenues from the operation of said system by said city will be wholly adequate and sufficient to repay such advancement and borrowed funds with interest thereon as hereinafter provided; and WHEREAS it is deemed advisable that said city borrow funds to the principal amount of $250,000 for the purpose aforesaid and by this ordinance set out the various details and stipulations for the issuance and delivery of certificates to evidence such borrowed funds and the terms and conditions for the repayment of same with interest; NOW, THEREYORE, Be It Ordained by said City Council of the City of West Memphis, Arkansas, as follows: Section 1. That the City of West Memphis, Arkansas, ac- quire from West Memphis Power and Water Company the waterworks and electric light and power system now supplying water and electric service in and surrounding said city, and funds be borrowed as of January 1, 1941 by said city for that purpose in the principal amount of $250,000, and that to evidence the funds thus borrowed and to stipulate the time and manner in which same, together with interest --I thereon, shall be repaid, there be issued and delivered to Leftwich & Ross of Memphis, Tennessee, Water and Electric Revenue Certificates in the principal amount of $250,000, dated January 1, 1941, which certificates for convenience shall be of the denomination of $1,000 each, shall be numbered consecutively from 1 to 250, in- clusive, shall stipulate for the payment of interest evidenced by coupons attached thereto at the rate of three and one-half per cent (3 1/2%) per annum, payable on July 1, 1941, and semi-annually there- after on January 1 and July 1 of each year until the principal amount represented thereby shall have been paid, or until such of the cer- tificates that are subject to prepayment shall have been called for redemption and prepayment, and said certificates shall respectively be scheduled to mature in numerical order on January 1 of the res- pective years, as follows: Year Principal due 1942 $ 5,000 1943 5,000 1944 5,000 t 1945 6,000 1r l', 1946 6,00Qf 1' 1947 6,000 1948 6,000 1949 7,000 1950 7,000 1951 7,000 1952 7,000 1953 7,000 1954 8,000 1955 8,000 1956 8,000 1957 9,000 1958 9,000 1959 9,000 1960 10,000 1961 10,000 1962 10,000 1963 11,000 1964 11,000 1965 11,000 1966 12,000 1967 12,000 1968 12,000 1969 13,000 1970 13,000 Provided, however, that in order to enable said city to prepay the *,-- funds thus borrowed and evidenced by said certificates it shall be conditioned in each of said certificates numbered 28 to 250, in si - clusive, that said city may make such prepayments in installments of $1,000 or multiples thereof, by redeeming and thereby causing interest to cease on such certificates on January r, 1946, or on , any scheduled interest payment date thereafter prior to the re- spective scheduled .:due dates. Such redemption of any amount less than all certificates at any time outstanding shall be in the inverse order of their numbering, and in the event said city exercises such right of prepayment and redemption it is agreed that interest, in addition to that represented by the coupons accrued as of the pre- payment or redemption date, will be paid to the holder of the respec- tive certificates in an amount equal to three per cent (3%) of the 251 principal amount for any or all such certificates prepaid or redeemed on January 1, 1946; two and one-half per cent (21%) of such principal amount for any such certificates as may be prepaid or redeemed after January 1, 1946, but on or prior to January 1, 1951; and two per cent (2%) of such principal amount as to any such certificates as may be prepaid or redeemed after January 1, 1951, but prior to the respec- tive scheduled due dates thereof. It is hereby agreed that in the event said city should elect to prepay and redeem any of such certificates a notice identifying the certificates to be thus prepaid and redeemed will be filed on behalf of said city with the trustee, as hereinafter provided, not less than thirty days prior to such prepayment and redemption date, and that said city will cause notice to also be published at least twice in a newspaper of general circulation published in the City of Memphis, Tennessee, and in a newspaper of general circulation published in the City of Chicago, Illinois, the first of such publications in each of said newspapers to be not less than thirty days prior to the prepay- ment or redemption date, and the second of such publichations to be ,,-. i not less than fifteen days prior to such date. Each of such certifi- t cates shall evidence the unpaid portion to the principal amount 1! thereof of the cost to said city of the municipal waterworks and p electric light and power system, and shall be payable solely and only out of the "Water and Electric Revenue Certificate Account," hereinafter created, and shall be a valid claim of the holder or holders of such certificates only against said account, and the revenues of the municipal water and electric light and power system pledged to such account as hereinafter provided/ Said certificates shall be ,,, neither payable from nor a charge upon any funds other than the net revenues of the system pledged to the payment thereof, as hereinafter provided, and no holder or owner of any of said certificates shall ever have the right to compel any exercise of the taxing power of said City to pay said certificates nor the interest thereon, nor shall any of said certificates constitute a charge, lien or encumbrance upon any credit of said city other than the net revenues of said system as aforesaid. Section 2. That for the purpose of more effectively per- mitting the respective certificates in the aggregate to evidence the purpose intended as herein set out, and securing to the holder or holders of said certificates collectively the covenants and provisions contained in this ordinance, it is hereby provided that The National Bank of Commerce in Memphis, the principal office of which is located in the City of Memphis, Tennessee, is hereby designated as Trustee with the powers and duties hereinafter set forth, and with no liability in connection with any action or omission to act hereunder, except for its own negligence or wilful breach of trust. Acceptance of said Trustee of the powers and duties hereinafter set forth shall be con- clusively presumed and evidenced by the execution of the authentication certificate as same is to be endorsed upon each of said certificates. Each such certificate shall be executed on behalf of said city by being signed by the Mayor and attested by the City Recorder of said City with the corporate seal of said city affixed thereto, and each of the interest coupons attached to said certificates shall be executed • with the facsimile signatures of said Mayor and said City Recorder, which officials, by the execution of the certificates shall thereby be conclusively presumed to have adopted as and for their own official signatures their facsimile signatures as appearing on said coupons. The Principal amount of such certificates and all interest thereon shall be payable in lawful money of the United States of America at the principal office of The National Rank of Commerce in Memphis, in the City of Memphis, Tennessee. Section 2. That upon presentation at the office of the City Recorder of the City of West Memphis of any of said certificates, such certificates may be registered as to principal in the name of the holder thereof on the books of the city to be kept for that purpose, which registration shall be noted on the back of the certificates so registered, and thereafter the principal of the certificates so regis- tered shall be payable only to the registered holder, his legal representatives or assigns. Certificates so registered may be trans- ferred to another registered holder or to bearer upon presentation to the City Recorder with a legal assignment duly acknowledged or proved. Registration of any of said certificates as to principal shall not affect the transferability of the coupons thereto attached, and such coupons shall continue to be transferable by delivery. Each and every successive holder of said certificates during such time as they are payable to bearer and such holder of each of such coupons thereto attached shall be conclusively presumed to forego and renounce any and all equities he or they may ever have, in favor of subsequent holders for value without notice, and to agree that said certificates while so payable to bearer, and each of the coupons thereto attached, - may be negotiated by delivery by any person having possession there- of, howsoever such possession may have been acquired, and that any holder who shall have taken any of said certificates or any of the coupons from any person for value and without notice thereby has ' acquired absolute title thereto, free from any defenses enforceable against any prior holder and free from all equities and claims of ownership of any such prior holder and the City of West Memphis and its officials and the trustee shall not be affected by any notice to the contrary. Section Jam. That each of said certificates and coupons attached thereto and provisions for registration appertaining thereto end the certificate of authentication by the Trustee to be endorsed thereon, shall be in substantially the following forms, respectively: ( Form of Certificate ) UNITED STATES OF AMERICA STATE OF ARKANSAS COUNTY OF CRITTENDEN �. CITY OF WEST MEIPHIS �--+ WATER AND ELECTRIC REVENUE CERTIFICATE . . L Number .�.�,. $1,000 KNOW ALL MEN BY THESE PRESENTS that the City of West Memphis in the County of Crittenden and State of Arkansas, for value received, hereby promises to pay to the bearer hereof, or if this certificate be registered as hereinafter provided, to the registered holder hereof, solely from the special funds hereinafter provided, the sum of One Thousand Dollars ($1, 000) on the first day • of January, 19 , and from said special fund to pay interest thereon at the rate of three and one-half per cent (32%) per annum, payable July 1, 1941, and semi-annually thereafter on January 1 and duly 1 - of each year until paid, except as the provisions hereinafter set forth with respect to prepayment and redemption may be applicable hereto; such interest as aforesaid as may accrue prior to the maturity date of this certificate to be payable only upon presenta- tion and surrender of the annexed interest coupons as the same severally become due; both principal and interest being payable in lawful money of the United States of America at the principal office of The National Bank of Commerce in Memphis, in the City of Memphis, Tennessee. This certificate is one of a duly authorized issue aggre- gating Two Hundred Fifty Thousand Dollars principal amount and has been issued by said City of West Memphis pursuant to an ordinance - duly adopted by its City Council for the purpose of thereby evidencing, - an unpaid installment to the principal amount hereof of the cost of the municipal water and electric light and power system of said City, ' and this certificate, together with all interest thereon, is payable solely from the net revenues to be derived from the operation of said water and electric light and power system, a sufficient portion of �-- which revenues has been ordered set aside as a special fund and pledge for that purpose and identified as the "Water and Electric Revenue Certificate Account." Under the provisions of said ordinance 267 authorizing the issuance of this certificate there shall be set aside into said Account annually in approximately equal monthly installments out of the revenues derived from the operation of said water and electric light and power system, such sums as shall be sufficient, after provision for payment of all costs of operation and maintenance of said system, for the payment of the principal of and interest on this certificate and the issue of which it is a part as the same respectively become due. Said City hereby reserves the right from time to time to prepay and redeem certificates numbered 28 to 250, inclusive, of the issue of which this certificate is one, in the inverse order of their numbering, on January 1, 1946, or on any scheduled interest payment date thereafter prior to the respective due dates thereof, and in the event said City exercises such right of prepayment and redemption, it is agreed that interest, in addition to that represented by the coupons hereto attached which has accrued as of the prepayment or redemption date, will be paid to the holder of the respective cer- tificates upon surrender thereof in an amount equal to three per cent (3%) of the principal amount of such certificates for any or all of same so as to be prepaid or redeemed on January 1, 1946; two and one-half per cent (2 %) of such principal amount of any such cer- tificates es may be prepaid or redeemed after January 1, 1946,xbut on or prior to January 1. 1951, and two percent (2%) of such principal amount of any such certificates as may be prepaid or redeemed after January 1, 1951, but prior to the scheduled due dates thereof. Notice of the exercise of such right of prepayment and redemption, identify- = ing the certificates to be thus prepaid and redeemed, will be filed on behalf of said City with the Trustee, as hereinafter stated, not less than thirty (30 ) days prior to such prepayment or redemption date and notice will also be published by said City at least twice in a newspaper of general circulation published in the City of Memphis, Tennessee, and in a newspaper of general circulation published in the City of Chicago, Il)inois, the first of such publications in each of such ney�spapers to e not less than thirty (30) days prior to the prepayment or redemption date, and the second of such publications to be not less than fifteen (15 ) days prior to such date. All such cer- tificates, as to which said. City reserves the right of prepayment and redemption and as to which notice ad aforesaid shall have been given and for the prepayment or redemption of which upon the terms afore- said funds have been provided, will cease to bear interest on the prepayment or redemption date. Reference is hereby made to the ordinance authorizing and providing for the issuance of the certificates of which this is one, as adopted by the City Council of said City on December 23, 1940, and whereunder the National Bank of Commerce in Memphis, in the City of Memphis, Tennessee, has been designated as Trustee for the holders of the issue of certificates of which this certificate is one, and I for a statement of the terms and conditions upon which said certifi- cates are issued and any additional certificates may be issued ranking on a parity herewith. Neither this certificate nor any of the coupons hereunto appertaining shall be deemed to have been issued until the authentication certificate hereon endorsed shall have been executed by the Trustee. 11 IThis certificate is neither payable from nor a charge upon any funds other than the net revenues of the municipal water and electric light and power system of said City pledged to the payment thereof, as hereinbefore stated, and no holder or owner hereof or of 0 any of the interest coupons hereunto appertaining shall ever have the right to compel any exercise of the taxing power of said City to pay this certificate nor the interest thereon, nor shall this certificate constitute a charge, lien or encumbrance upon any credit of said City other than the net revenues of said system as aforesaid. This cer- tificate does not represent nor constitute an indebtedness of the City of West Memphis, Arkansas, within the meaning of any constitu- tional or statutory provision or limitation. 4000 wl� This certificate may be registered as to principal in the name of the holder on the books of the recorder of said City, such registration to be noted on the back hereof by such recorder, after which no transfer hereof shall be valid unless made on said books and similarly noted on the back hereof, but this certificate may be dis- charged from registration by being transferred to bearer after which it shall again be transferable by delivery but may beagain registered as beforei The registration of this certificate as to principal shall not restrain the transferability of the coupons hereto attached by delivery merely. Each and every successive holder of this cer- tificate duringsuch time as it is payable ya e to bearer and each holder of each of the coupons hereto attached are conclusively pre- sumed to forego and renounce any and all equities he or they may ever have in favor of subsequent holders for value without notice, and to agree that this certificate while so payable to bearer and each of the coupons hereto attached may be negotiated by delivery by any person having possession thereof, howsoever such possession may have been acquired, and that any holder who shall have taken this certificate or any of the coupons from any person for value and "t without notice thereby has acquired absolute title thereto, free from any defenses enforceable against any prior holder and free from all equities and claims of ownership of any such prior holder, and the City of West Memphis and its officials and the Trustee shall not be affected by any notice to the contrary. It is hereby certified, recited, and declared that said City has lawfully acquired a municipal water and electric light and power system on a self-liquidating basis; that this certificate repre- sents an unpaid installment of the cost of said system becoming due on the due date of this certificate; that all acts, conditions and things required to exist, happen and be performed precedent to and in the issuance of this- certificate have existed, have happened and have been performed in due time, form and manner as required by law, and that said water and electric light and power system will be continuously operated and that a sufficient portion of the neb revenues of said system has been pledged to and will be set aside into a separate and special account for the prompt payment of the principal of and interest on this certificate when due. IN WITNESS WHEREOF, said City of West Memphis, Arkansas, has caused this certificate to be signed by its Mayor and attested by its City Recorder and its corporate seal to be hereunto affixed, and the coupons hereto attached to be executed with the facsimile signatures of said Mayor and City Recorder, all as of the first day of January, 1941. Mayor Attest: City Recorder (Form of Coupon) Number a; On the first day of , 19 , the City of West Memphis, Arkansas, will pay to bearer Dollars ( ) in lawful money of the United States of America, out of the "Water and Electric Revenue Certificate Account" at the principal office of the National Bank of Commerce in Memphis, in the City of Memphis, Tennessee, as provided in and being interest due that day on its Water and Electric Revenue Certificate, dated January 1, 1941, Number Mayor Attest: f:Ut (Form of Registration Blank) Name of Date of Signature of Registered Holder Registration City Recorder Certificate of Trustee. This certificate is one of the certificates of the issue of certificates referred to herein. NATIONAL BANK OF COMMERCE IN MEMPHIS, Trustee, BY Authorized officer. Section That the certificates hereinbefore authorized shall be prepared and executed as herein authorized and all, or so many thereof as may be necessary to evidence the amount of funds found to be required in order to pay West Memphis Power and Water Company for the acquisition of the water and electric light system, shall be issued and delivered to Leftwich & Ross upon terms and receipt by the City Treasurer of par and accrued interest. Such issuance and de- livery of said certificates shall be made simultaneously with the acquisition of said system and the amount thus borrowed and evidenced by such certificates so issued and delivered shall be regarded as an advance to and money borrowed'by said City for the acquisition of said system. All sums received by the City Treasurer as accrued interest in the issuance and delivery of said certificates shall be ; paid into said "Water and Electric Revenue Certificate Account" . From and after the delivery of any certificates issued under the provisions of this ordinance, the income and revenues of ' the water and electric light and power system of the City of West Memphis, acquired as aforesaid, and as it may hereafter be improved and extended, shall be kept separate from the general and all other funds of the City and shall be set aside into a special and separate fund to be used and apportioned as follows, to-wit: There shall be first paid from said special fund, and as they accrue all reasonable expenses of operation and maintenance of the water and electric light and power system. The cost of electric energy purchased for distribution through the system shall be re- garded as an expense of operation and maintenance. I r-- There shall be and there is hereby created an account to be known as "Water and Electric Revenue Certificate Account" (here- inafter called the "sinking fund" ) , into which there shall be set apart and paid in each year and in equal monthly installments from the balance of said revenues such amounts as the total of the monthly installments during each year will be sufficient to pay the interest on and principal of said certificates as the same become due, and it is hereby fixed and determined that the total of the amounts to be so set apart and paid into said sinking fund in equal monthly install- ments during the periods of twelve (12) months preceding January 1 of the respective years shall be as follows: 1 ,ems V (1) A sum equal to one hundred per cent (100%) of the principal of all certificates maturing during the next succeeding twelve (12 ) months plus (2) a sum equal to one hundred per cent (100%) of the interest becoming due on all outstanding certificates during and within such twelve (12) months and (3) in addition to the foregoing the sum of $100 per month, whenever necessary, so as to accumulate and maintain a reserve surplus of $2,000 in such sinking r, fund by such additional payments. If the City shall for any reason fail to pay into said Li sinking fund the full amount as above stipulated during any period, then an amount equivalent to such deficiency shall be set apart and paid into such fund from the first available revenues thereafter realized and same shall be in addition to the amount otherwise herein provided to be set apart and paid into said fund during such period. All moneys as paid into said sinking fund shall be re- mitted to the bank whereat principal and interest of the certificates are payable. Such payments shall be so set aside and paid into said sinking fund in equal monthly installments as aforesaid not later than the tenth day of each month. Said sinking fund, as hereinabove provided, shall be used solely and only, and is hereby pledged, for the purpose of paying the principal of and interest on the certifi- cates hereby authorized or permitted to be issued and for no other purpose whatsoever. Any portion of the balance of the income and revenues of said system may be used and expended in paying for the cost of any extensions, additions or improvements to said system which the City Council of the City of West Memphis may find necessary. Whenever the unexpended balance of the income and revenues on January 15 or July 15 of any year exceeds $5,000 after making the expenditures and allocations therefrom as hereinbefore provided the City Council may disburse or withdraw such excess. Section 6. That while the certificates authorized or per.- mitted to be issued hereunder, or any of them, remain outstanding and unpaid, reasonable and just rates for all services rendered by said system to the City of West Memphis, and reasonable and just cherges for water and electric light and power furnished to said City and its citizens, corporations, and other consumers, shall be imposed, col- lected and accounted for, taking into account and consideration the value of said system, the cost of maintaining and operating the same- and the proper and necessary allowance for depreciation thereof, and a sufficient and adequate return upon the capital invested. Section 7. That said City of West Memphis hereby reserves the right to issue or incur additional obligations payable from the net income and revenues of the municipal water and electric light and power system, ranking on a parity as to payment therefrom with the certificates hereinbefore authorized to be issued, provided interest is payable semi-annually on January 1 and July 1 of each year and also provided (1) the net revenues of said water and elec- tric light and power system within any period of twelve (12) consecttive months out of the eighteen (18) calendar months imme- diately preceding the month in which such additional obligations are issued or incurred, as shown by the officially reported income and revenues, are equal to at least one and one-half times the average annual principal and interest requirements on all certifi- cates outstanding pursuant to this ordinance plus the average annual principal and interest requirements on such additional obligations, end also provided (2 ) such net revenues, determined as aforesaid shall be equal to at least one hundred and twenty per cent (120%) of the sum of the maximum annual principal and interest requirements ` on all certificates then outstanding pursuant to this ordinance w ( 1 plus the maximum annual principal and interest requirements on such additional obligations. "Net Revenues" within the meaning of the provisions of this ordinance shall be construed to mean the amount remaining after deducting from gross revenues the amounts paid for reasonable expenses of operation and maintenance of the system, all as officially reported. r Section 8. That it is hereby covenanted and agreed by the City of West Memphis and its City Council with the holder or holders of the certificates herein authorized or permitted to be issued, or any of them, as follows: (a) That the City of West Memphis will cause rates to be fixed and at all times maintained and enforced for the service ren- dered and water and electric light and power furnished by said system. sufficient to realize the sums hereinabove provided to be paid into the sinking fund, in addition to the amounts required to pay all necessary operation and maintenance charges referred to and provided in Section 5 hereof; (b) That the City of West Memphis and the City Council and officials thereof will perform all duties with reference to said system required by the constitution and statutes of the State of Arkansas, and the City hereby irrevocably covenants, binds and obligates itself not to sell, mortgage, or in any manner dispose of said system, including any extensions or additions which may be made thereto, in any manner or to any sudh extent as would be violative or an impairment of any of the undertakings of said City as set forth in this ordinance. ( c) That the City will cause said system to be maintained in good condition and efficiently and economically operated, and will cause such rates for the services rendered thereby to be charged and collected within the limits prescribed by law so that the gross in come and revenues of said system will be sufficient at all times to provide for operation and maintenance thereof and meet all principal and interest requirements as in this ordinance provided; (d) That the City will cause proper books, records and accounts to be kept separate from all other records and accounts, in which complete and correct entries shall be made of all transactions relating to said water and electric light and power system. Said books and accounts shall be kept as nearly as may be in accordance with the books and accounts ordinarily kept in the maintenance and operation of similar utilities. The City will furnish to any holder of any of the certificates issued hereunder, upon written request, after the close of each fiscal year the officially reported operating and income statements of such system covering in reasonable detail the operating history of said system for such fiscal year; (e) That fire insurance, workmen' s compensation insurance and public liability and other insurance will be carried in such amounts and to such extent as are normally carried in the operation of publid utilities of the same type, the cost of such insurance shall be considered one of the operating costs of the system. In the event of loss or damage, the insurance proceeds shall be used first, for the payment of restoring or replacing the property lost or damaged, and any remainder shall be paid into the sinking fund above created and shall be subject to distribution in the same manner as are other moneys in said fund. Section 2. That upon the happening of any default in the payment of the principal of or interest on the certificates herein authorized, or in the due and punctual observance or per- formance of any of the covenants, conditions and stipulations on the part of said City of West Memphis in this ordinance contained, r-� a + and /such default continuing for a period of thirty (30) days after written notice from the Trustee specifying such default and requiring the same to be remedied shall have been given to the City, then and in every such case the Trustee may proceed, and. the Trustee upon the written request of the holders of twenty-five per cent (25%) in principal amount of the certificates herein authorized then outstanding, shall (-- proceed, to protect and enforce the rights of the Trustee and/or the holder or holders of the certificates by a suit, action or special proceeding in equity or at law for the enforcement of any proper legal or equitable remedy as shall be deemed most effectual to pro- tect and enforce the rights aforesaid. The holders of a majority in principal amount of all of the certificates herein authorized then outstanding ahall hove the right by an instrument in writing delivered to the Trustee to direct the method and place of conduct- ing all remedial proceedings to be taken by the Trustee hereunder . The Trustee shall be under no obligation to institute any suit, or take any proceedings under this ordinance, or to enter any appearance in any suit in which it may be made defendant, or take any steps in the enforcement of its or any rights and powers here- under, nor be deemed to have failed to take any such action, unless and until it shall have been indemnified to its satisfaction against any and all costs and expenses, outlays and counsel fees and other disbursements and including its own reasonable fees, and if any recovery be obtained by the Trustee, payment of all sums due the Trustee as aforesaid shall be a first charge against the amount of any such recovery. Section 10. That no holder of any of the certificates shall have any right to institute any suit, action or proceeding • in equity or at law for any remedy afforded by this ordinance unless such holder shall have previously given to the Trustee written notice of an event of default, as hereinbefore provided, nor unless also the holders of twenty-five per cent (25%) in. principal amount of the certificates hereby authorized then out- standing shall have made written request of the Trustee and shall have afforded the Trustee a reasonable opportunity either to pro- ceed to exercise the powers hereinbefore granted or to institute such action, suit or proceedings, nor unless also there Mall have been offered to the Trustee security and indemnity satisfactory to it against the costs, expenses and liabilities to be incurred therein or thereby, it being understood and intended• that ho one or more holders of bonds shall have any right in any manner what- ever by his or their action to enforce any right hereunder except in the manner provided. Section 11. That a certified copy of this ordinance shall be filed with the Trustee, end acceptance by the Trustee of the trusts hereby created and in accordance with the terms and con- ditions set out will be conclusively presumed and evidenced by execution of the authentication certificate endorsed upon the certificates. The Trustee shall have no responsibility with respect to the validity of said certificates or the legal suf- ficiency of the proceedings for their issuance. It shall be no duty of the Trustee, except as otherwise herein provided, to see that any duties herein undertaken by the City, or covenants or agreements herein contained on behalf of the City are performed. All compensation to the Trustee for services leading up to and including authentication of the certificates may be paid from proceeds of said certificates and all compensation for services thereafter rendered by the Trustee shall be paid by the City as an item of operation and maintenance of the system. The Trustee may in good faith buy, sell, own, hold and deal in any of the certificates issued hereunder with like effect as if it was not such trustee. rw d t Section 12. The Trustee may resign and thereby become discharged from the trusts hereby created by notice in writing given to the City and published at least once in a newspaper of general circulation in each of the Cities of Memphis, Tennessee, and Chicago, Illinois, at least thirty (30) days before such resignatiois-to take effect, but such resignation shall take effect immediately upon the appointment of a new trustee, if such new trustee be appointed and qualified before the time limited by such notice. The Trustee may be removed at any time by an instru- ment in writing signed by the holders of not less than a majority in principal amount of the certificates then outstanding. In case at any time the Trustee shall resign, be removed, be dissolved, or otherwise become incapable of acting, or the offices of the Trustee shall be taken over by any governmental official or board, of if the position of the Trustee shall become vacant for any reason, a successor may be appointed by the holders of a -""! majority in principal amount of the certificates hereby secured and - then outstanding by an instrument in writing signed by such certifi- . - cate holders and filed with the City; provided, and it is hereby agreed and declared, that in case at any time there shall be a .;. - vacancy in the office of Trustee hereunder the City may appoint a trustee to fill such vacancy until a new trustee shall be appointed by the certificate holders as hereby authorized. Any trustee here- after appointed shall be a trust company or bank having the powers of a trust company as to trusts. The City shall publish notice of any such appointment by it made once in each week for four (4) successive weeks in a newspaper of general circulation published in each of the Cities of Memphis, Tennessee, and Chicago, Illinois. Any new trustee appointed by the City shall immediately and without further act be superseded by the trustee thereafter appointed by the certificate holders in the manner above provided. Every successor trustee appointed hereunder shall execute, a acknowledge and deliver to its predecessor, and also to the City, an instrument in writing accepting such appointment hereunder, and thereupon such successor trustee, without any further act, shall become fully vested with all the rights, immunities, powers, trusts, duties and obligations of its predecessors; but such predecessor shall, nevertheless, on the written request of the City, execute and deliver an instrument transferring to such successor trustee all the rights, powers and trusts of such predecessor hereunder. Should any instrument in writing from the City be required by any successor trustee for more fully and certainly vesting in such trustee the rights, I powers and duties hereby vested or intended to be vested in the pre- , decessor trustee, any such instrument of writing shall and will, on request, be executed, acknowledged and delivered by the City. 1 Section 12. The provisions of this ordinance shall con- stitute a contract between the City and the Trustee and the holders of the certificates herein authorized or permitted to be issued, and after the issuance of any of the certificates no change, varia- tion or alteration of any kind of the provisions of this ordinance shall be made in any manner except as herein provided until such time as all of said certificates issued hereunder and the interest thereon have been paid in full. Section 14. That all acts heretofore performed and pro- ceedings heretofore taken not inconsistent with the provisions of this ordinance with respect to the acquisition of said system, the borrow- ing and advance of funds for that purpose, and with respect to the operation and maintenance of said system as a revenue producing under- taking, are hereby ratified and confirmed. Upon the acquisition of said system the same rates and charges for services rendered thereby 1, , as were imposed by the owners of said system immediately prior to con- veyance to the City shall continue to be imposed'by the City under municipal ownership until revised or changed in accordance with law. 0 .Go y b 1 _ /Section 15. That the certificates authorized or permitted to be issued hereunder shall not be entitled to priority, one over the other, in the application of the net revenues of said system, it being the intention that there shall be no priority among the cer- tificates authorized or permitted to be issued hereunder, regardless of the fact that they may be actually delivered at different times. Section 16. That all ordinances and resolutions, or parts thereof in conflict herewith are, to the extent of such con- flict, hereby repealed, and this ordinance shall become effective forthwith upon its passage. Introduced: , 194. Passed and approved: , 194 . Mayor. Attest: City Recorder. * * * * * * Thereupon, Alderman F. E. Denson moved that the rule requiring ordinances of a certain character to be fully and distinctly read on three different days be dispensed with and that said ordinance be now considered upon its final adoption, which motion was seconded by Alderman Melvin Dacus, and after due consideration thereof by the Council, the Mayor put the question on the motion and the roll being called, the following voted: Aye: F. E. Denson, Melvin Dacus, I. L. Owens, Homer Tones, 0. I. Bollinger, R. C. Breese Nay: None. Whereupon the Mayor declared the motion duly carried and said proposed ordinance to be ready for consideration for adoption. Alderman Melvin Dacus moved that said ordinance be adopted, seconded by Alderman I. L. Owens, and after due consideration by said Council, the Mayor put the question on the motion, and the roll being called, the following voted: Aye: F. E. Denson, Melvin Dacus, I. L. Owens, Homer Jones, O. I. Bollinger, R. C. geese. Nay: None Whereupon the Mayor declared the motion duly carried and said ordinance duly adopted and he announced in open meeting that he had endorsed thereon official approval thereof. [-] It was moved by Alderman 0. I. Bollinger and seconded by Alderman Melvin Dacus that said ordinance as adopted and approved be declared immediately effective and after due consideration of the motion by the Council, the Mayor put the question and the roll being called the following voted: Aye: F. E. Denson, Melvin Dacus, I. L. Owens, II Homer Tones, 0. I. Bollinger, R. C. Breese. Nay: None . 1 d0. • J j tl Whereupon the Mayor declared said motion duly carried and said ordinance to be in full force and effect. * * * * * * * * * On motion and vote the meeting adjourned. plY) Mayor. CC) Recorder. p4� • • r • • • • • • • Fy: i .S� h1d:.w+,Ad✓.w+++" a-�c s�..[wn�...v,�._.arse -...rA.�Mit%«-��.,-..,..�.. .-ems....... -......_. S ..- -�_ FV d MINUTES OF SPECIAL MEETING OF CITY COUNCIL OF WEST MEMPHIS, ARKANSAS, TUESDAY, JANUARY 7, 1941. The City Council of the City of West Memphis met in Special session at the City Hall in said City at 8: 30 o'clock P.M. pursuant to call of the Mayor. All members of the Council, including the Mayor and Recorder, were present, as follows: W. H. Hundhausen, Mayor, J. 0. Spotts, Recorder, 0. I. Bollinger, I. L. Owens, R. C. Breese, Melvin Dacus, F. E. Denson and Homer zones. Whereupon the Mayor declared a quorum present and the following proceedings were had. The Mayor announced that Frazer & Clifton, attorneys of Memphis, had certain matters to bring before the Council in con- nection with the City acquiring the electric light and water systems of the West Memphis Power & WaterCompany. The Mayor called upon r Clarence Clifton to explain the matters. Mr. Clifton explained in detail as to the matters that should be properly attended to by the council in order to expedite and carry forward the negotia- tions for the City to acquire the electric and water systems of the West Memphis Power & Water Company. The following resolution was introduced by 0. I. Bollinger and seconded by Melvin Dacus: RESOLUTION BE IT RESOLVED that the fees for the services of the Engineers and Attorneys employed by the City in acquiring the electric and water systems of the West Memphis Power & Water Company are agreed upon by the said parties and are approved and fixed as follows: - . Taft '•t..1: 3 Dickinson & 'White, Engineers $ 2,000.00 Frazer & Clifton, Attorneys 20,000.00 with said fees to be paid from the first available funds of the City. After due consideration by the Council, the Mayor put the question, and upon the roll being called, the Council voted as follows: - Ayes: 0. I. Bollinger, I. L. Owens, R. C. Breece, Melvin Dacus and F. E. Denson Nays: Homer Jones. Whereupon the Mayor declared the resolution duly carried and adopted. The following resolution was introduced by Melvin Dacus and seconded by F. E. Denson: - RESOLUTION WHEREAS, an agreement between the City and the West Memphis Power & Water Company for the City to purchase certain assets of the West Memphis Power & Water Company was entered into December 5, 1940 and has been approved by the Council. 3 WHEREAS, in the course of acquiring the said electric and water systems certain expenses have been incurred by the City and also it is deemed wise to acquire from the West Memphis Power & Water Company other assets besides those covered by the contract of December 5, 1940, and particularly including working capital. WHEREAs, The Mayor and the West Memphis Power & Water Company have agreed to amend said contract of December 5, 1940, whereby the said Company will assume and pay the fee of Dickinson & White, Engineers, in the amount of $2,000.00 and the fee of �--- Frazer & Clifton, attorneys in the amount of $20,000.00 and to include in the sale of the assets to the City working capital of $8, 000.00, and various other assets, together with those assets within the contemplation of the contract of December 5, 1940, for a total sale price of $240,000.00. BE IT RESOLVED that the said supplemental agreement made between the Mayor and the West Memphis Power & Water Company is ratified and accepted and the contract of December 5, 1940, as so amended, whereby the sale price is fixed at ; 240,000.00, is accepted by the City of West Memphis, and the Mayor is authorized and directed to sign all proper and necessary papers for and on behalf of the City of West Memphis to consummate , carry out and effect the said contract as amended. After due consideration by the Council, the Mayor put the question and upon the roll being called, the Council voted as follows: - Ayes: 5- F. E. Denson, R. C. Breese, 0. I. Bollinger, I. L. Owens, Melvin Dacus. Nays: - 1- Homer Jones. Whereupon the Mayor declared the resolution duly carried and adopted. There being no further business to come before the meeting, upon motion and proper second, the meeting was adjourned. Mayor. At st: , 0 (/ Recorder. 0°' ') C ti f MINUTES OP THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF WEST R' APHIS, ARKANSAS: TUESDAY, FEBRUARY 11, 1941. On Tuesday, February 11, 1941, the City Council of the City of West Memphis met in regular session at the City Hall Building in said City at 8 o'^lock p.m. with the following members present: W. H. Hundhausen, Mayor J. 0. Spotts, Recorder Doyne Dodd, City Attorney F. E. Denson, 0. I. Bollinger, Melvin Dacus, I. L. Owens, Honer Jones, Aldermen. The meeting was called to order by the Mayor and it being determined that a quorum was present, the following proceedings were had, to-wit: Mayor Hundhausen appointed a committee composed of F. E. Denson, 0. I. Bollinger and I. L. Owens to assist him in conference with the insurance authorities relative to insurance coverage on the recently acquired power and water utilities. The Council voted unanimously to appropriate the following funds from the City fund for uses as stated: City Library Fund �l50.00 �— Recreational Project (white) 500.00 C;; Recreational Project (colored) 360.00 In = The Council by unanimous vote resolved to meet and that all future times the de:te of the regular meeting to be held on the first Tuesday night of each month at 8 o'clock p.m, and the recorder was requested to present all bills for payment at said regular I meetings and no warrant to be approved or issued unless presented to the Council at said regular meetings. All bills for the past month were presented by the recorder, approved by the Council and instructed paid. There being no further business to co'ie before the meeting, and upon proper motion and second the meeting was adjourned to meet again at the same time and place - on Tuesday, February 25, 1941. Mayor Attest: Recorder e nT. 1 MINUTES OF AN ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS: TUESDAY, FEBRUARY 25, 1941. On Tuesday, February 25, 1941, the City Council of the City of West Memphis met pursuant to last adjournment at 8 o'clock p.m. at the City Hall Building in the City of West Memphis, with the following, members present; W. H. Hundhausen, Mayor F. E. Denson, O. I. Bollinger, I. L. Owens, Melvin Dacus, Aldermen The meeting was called to order by the Mayor and it being determined that a quorum was present, the following proceedings were had, to-wit: i report was made by the Mayor pursuant to authorization at last meeting of determining the cost and other date of insurance n:ooverage on the light and water •.-- utilities of the City of West Memphis. The Council, after hearing this report, authorized the Mayor to procure sufficient coverage of fire and tornado insurance on the light and water utilities and that liability insurance be deferred until further determination by the aforesaid committee. There being no further business to come before the meeting, upon motion and proper second the meeting was adjourned. May or Attest: • Recorder *************************** MINUTES OF THE REGULAR METING OF THE CITY COUNCIL OF THE CITY f OF WEST MEMPHIS; Tuesday, March 4, 1941. On Tuesday, March 4, 1941, the City Council of the City of West Memphis met in regular session at the City Hall Building in the City of West Memphis at 8 o'clock p.m. with the following members present: W. H. Hundhausen, Mayor J. 04 Spotts, Recorder F. E. Denson, I. 0. Owens, Homes Jones, Melvin Dacus, R. C. Breece, Ald. Doyne Dodd, City Attorney It being determined that a quorum was present, the following proceedings were had, to-wit: The Council by unanimous vote resolved to pay the tractor and grader operator of the City of West Memphis a monthly salary of 05.00 per month, boginning Marcie 1, 1941, said salary to be terminated at the discretion of the Mayor. 1 The City Council by unanimous vote agreed to furnish all the members of the City fire department, City jailer, Jim Burrows, and Street Foreman, Noah Phillips, with a fifty automobile license tag at no charge, and the recorder was authorized to issue said tags upon request by the aforesaid. Upon motion with proper second and unanimously adopted, the City Attorney was instructed to request the en, ineer's office to file a list of delinquent sewer charged for over three months in arrears and to await further action before filing suit. ;r1 28i The following bills were presented by the recorder for payment and approved by the Council: C. C. Culp $125.00 C. C. Culp Jim Burrows 65.00 Jim Burrows Doyne Dodd 25.00 J. E, Wise 25.00 J. 0. Spotts 25.00 Melvin Dacus 15.00 F. T. Denson 15.00 0. I. Bollinger 15.00 R. C. Breece 15.00 Homer Jones 15.00 I. L. Owens 25.00 H. Inglis 50.00 City Engineer's office 30.00 City Bond and Interest Account 280.00 Noah Phillips 75.00 ri Will Carter 47.25 7111 Carter 12.50 11:7) Carl Ellison 43.87 West Memphis Power & Water Company 243.55 Q, Sewer system 10.00 0dis Bull 15.00 Firemen attendants 84.00 Maureen Howell 190.40 Recreation department (white) 40.00 Recreation department (colored) 20.00 Engineer's office (Stamps) 15.00 West Memphis News 15.00 Holland Implement Company 2.25 Bragg, Service Company 16.81 Johnson Auto Company 5.97 McCaa Chevrolet Company P1.72 Riggs Tractor Company 11.58 Tayloe Paper Company 8.50 R. C. Black, Agent 15.55 Crittenden County Times 9.35 Dr. Ralph Hamilton 4.00 Sinclair;Refining Company 62.82 Southwestern Bell Telephone Company 36 .43 McCarter Dairy 10.15 Spotts Drug Store 11.04 Ketchum Milling Company 8.93 Arkansas Power & Light 11.88 F. L. Ross 12.50 There being no further business to come before the meeting, and upon proper motion with second, said meetinE; was adjourned. Mayor Attest: Recorder is F ' MINUTES OF ' REGULAR MEETING OF THE CITY COUNCIL OF WEST MEMPHIS, ARKANSAS, HELD ON TUESDAY, RERIL*23 17, 1941 On Tuesday, February a, 1941, the City Council of the City of West Memphis, Arkansas, met in regular session at the City Hall Building in said City at 8 o'clock p.m. with the following, members present: N. H. Hundhausen, Mayor J. 0. Spotts, Recorder Beyne-Be444 -G by-* Berney F. D. Denson, 0.-4.-Bell4nter, Melvin Dacus, I . L. Owens and Homer Jones, Aldermen The meeting was called to order by the Mayor and it being determined that a quorum was present, the following proceedings were had, to-writ: It being necessary on account of other matters of importance conflicting with seid meeting that the meeting be adjourned. It was, therefore, upon motion with proper second unanimously resolved that this meeting be adjourned to meet again at the same hour and place on Thursday, April R, 1941. W. H. Hundhausen .—� Mayor ATTEST: In J . O. Cpott s, Recorder *************************************x****** MINUTES OF AN ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS, HELD ON THURSDAY, APRIL 11 1941 Pursuant to lest adjournment, the City Council of the City of West Memphis met inan adjourned session in the City Hall Building at 8 o'clock p.m. with the following, members presents W. H. Hundhausen, Mayor J. 0. Spotts, Recorder Doyne Dodd, City Attorney H. Ingliss, Engineer C. C. Culp, Marshall Homer Jones, I. L. Owens, O. I. Bollinger, F. E. Denson and Melvin Dacus, Aldermen. It being determined that a quorum was present, the following proceedings were had, towit : The following; ordinance was introduced by Alderman 0. I. Bollinger who moved its adoption: ORDINANCE NO. 86 AN ORDINANCE TO PROVIDE FOR THE MANAGEMENT, REGULATION AND GOVERNMENT OF PUBLIC UTILITIES OWNED BY THE CITY OF WEST MEMPHIS, ARKANSAS: TO PROVIDE THE METHOD BY WHICH THE CITY OF WEST MEMPHIS SHALL OPERATE, MANAGE AND CONTROL ANY PUBLIC UTILITY HERETOFORE OR HEREAFTER ACQUIRED BY THE CITY OF WEST MEMPHIS; TO PROVIDE FOR A LIGHT AND WATER f—' CO1 I SSI ON, PRESCRIBE THEM DUTIES, TERMS OF OFFICE AND QUALIFICATIONS: AND IN GENERAL TO ESTABLISH A SYSTEM FOR THE OPERATION, REGULATION AND CONTROL OF THE PUBLIC UTILITIES O7'VNED OR TO BE OWNED BY THE CITY OF WEST MEMPHIS UNDER A ?'OIAR D OF LIGHT AND WATER C OMMI S SI ONER S. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WEST MEMPHIS, ARKANSAS: Section-'l. That there is hereby created a light and 1';ater Commission of West Memphis, Arkansas, composed of the Mayor of the -ity as Chairman and fDur citizens who are qualified electors of the municipality and to he appointed by the City Council. Nc member of the Commission appointed by the City Council shall hold any elective or other appointive office under the municipal government while a member of the Commission nor be a candidate for any elective office, city, state or county while a membbr- of said.Corimis si on. Section 2. Said Commissioners appointed by the City Council shall hold office for a term of four years; provided that those commissioners first appointed after the passage of this ordinance shall serve from the date of their appointment an3 until one, two, three and four years from May 1, 1941, each to be designed by the City Council, and thereafter upon the expiration of their respective terms, their successors shall be appointed by the City Council for a term of four years. The first Board of Light and 'i,ater Commissioners shall qualify and take the oath of office within thirty (30) days after their appointment, and in the event any person appointed as such commissioner shall fail to qualify within thirty days of his appointment, his office shall be vacant and his successor shall be leected or appointed by the City Council. In the event of a vacancy caused by death, resigna- tion, or removal or otherwise, the City Council shall appoint the successor of any Commissioner to fill out his unexpired term. Section 3. Excluding the Mayor of the City, who shall receive no salary es a member of this Light and ''later Commission, the salary to be paid the said Commissioners so appointed is fixed at Five ($5,00) Dollars for each meeting attended. Before entering upon the duties of his office, each commissioner appointed by the City Council shall subscribe to and file an oath to support the Constitution of the United States, of the State of Arkansas, and to obey the laws of the state and the ordinances of the city and to faithfully discharge the duties of his office to the best of his ability. Section 4. Any member of the Light and Water Commission appointed by the City Council may be removed for cause after proper hearing by a concurrent vote of two-thirds of the duly elected and qualified members of the entire City Council, including the Mayor, and the . Judgment of the City Council of the City of West Memphis shall be final. Section 5. The Commissioners appointed hereunder shall have power and authority to manage, control, operate, imporve, maintain, extend and enlarge the municipal light and water systems in said City and territory in vicinity thereof, and a majority of the Board of Commissioners shall constitute a quorum for transacting all business, but it shall require the approval of a majority of the entire board for any action of any meeting to become the action of the Board of Commissioners, and shall have full charge. of said plants or systems including the right to employ or remove any and all assistants and employees and to fix and regulate their salaries if not in excess of 1800.00 per annum. Said Boars ahall not employ but shall submit to the City Council for its approval the nomination of all subordinate offi- cers andemployees whose salaries are at any time in excess of 41800.00 per annum; provided, said commissioners shall not have any authority or power to issue any bonds or notes, pledge orders or any type of evidences of indebtedness or obligations or to sell, mortgage or encumber said light and water systems. Section 6. Said Board shall have the power and authority to purchase electric current or water from any other person, firm or corporation as in the judg- ment of said Board shall be proper or (expedient, and to make any and all contracts necessary and incident to carry out their powers conferred herein, and to discharge, alter, renew or discontinue any cont racts entered into by them at any time, pro- vided said Board shall not enter into any contract for the purchase of electricity for any period longer than three years, unless said contract shall have been first approved by the City Council. Section 7. The said Board of Light and Water Commissioners shall have power to make purchases of all supplies, apparatus, materials and other things requisite for the operation, maintenance , repaid extension or enlargement of the light and water systems of this City and to make all necessary contracts for work or labor to be done, cr material or other necessary things to be furnished for the benefit of such City, or in carrying out any work or undertaking in connection with said utilities; provided, however, where the amount of an estimated expenditure may exceed 41000.00, said Board shall transmit to the City Council its estimates thereof and a resolution authorizing such expenditure, together with the Board's recommendation. in relation thereto, and upon the passage of an approving resolution by the City Council, it shall be the duty of said Board to advertise and let the work or contract to the lowest responsible bidder, not however in excess of estimate of cost certified to City Council, with the privilege in said Board to reject all bids and readvertise as provided herein. Section 8. In cases where the amount of the expenditure is estimated to exceed ',,500.00, but not 41,000.00, said Board shall first give notice to the City Recorder of its intention to contract in relation thereto, and thereupon, unless ordered by the Council within five (5) days following giving of such notice, to advertise for bids in relation thereto, they shall let the work or contract to the lovest responsible bidder with or without advertisement as provided herein, with the privilege in said Board, however, to reject all bids and readvertise; otherwise, f,t N !s and in all other cases, except as otherwise provided herein, said Board shall exercise their own best judgment and discretion in the matter of making such contracts. Section 9. Whenever in the opinion of the Board it shall become necessary to make any laterations or modifications in the specifications or plans of any work or contract required to he submitted to the City Council, the same shall in no eo-ent exceed the original contract by 2C5 and then shall be made only upon the written order of said Board or its duly authorized agent, and such o rder shall be of no effect until the price shall have been agreed upon in writing and signed by the contractor or approved by said Board, and no contractor shall ever be allowed anything for any extra work caused by any alteration or modification unless such in made and done upon an order and agreement as above provided, nor shall any contractor in any case be allowed more for such alteration or modifications than the price .fixed in the written amended agreement, and which price shall not exceed the original cost or price by more than 2 as aforesaid. Section 10. All contracts made by the Board shall be made in the name of the City by the Board of Light and V ater Commissioners, and where the amount to be paid thereunder exceeds 3100.00 it shall be in writing and signed by the Chair- men of the Board or a duly authorized agent thereof. rl Section 11. Whenever it is provided herein that it shall be the duty of the Board of Light and Nater Commissioners to advertise, such advertisement shall be by two weekly publications in a local newspaper published in theCity of ',lest Memphis, or one having general circulation in said City, inviting sealed written bids on the proposed work, together with and in addition thereto by giving written notice of the proposed work or contract to at lease three persons or firms ' in or out of this City, who are engaged in the work to be done or in furnishing the r supplies desired, with invitation to submit sealed written bids, and the said Board shall open said sealed bids only in public at the time and place fixed in the advertisement and notice, and let said work or contract to the lowest respon- sible bidder, "ut the Board shall at all times have the privilege to reject all bids and readvertise. Section 12. 2he said Board shall adopt and enforce such rules and regulations as they may deem necessary and expedient for the proper operation and management of said municipal light and water systems and shall have authority to alter, change or amend suehrrules and regulations at their discretion. The said Board shall submit monthly statements to each regular monthly Council meeting of the preceedinj_ month's operations, and also an annual report of the Commission's operaticns to the Mayor and City Council, prepared by a competent auditor, within forty-five (45) days after January 1st of each year, and shall also furnish such other and further reports, date and information and at such times as may be requested by the Mayor and City Council. The said Board shall keep all funds received as income from the light and water systems separate and apart from the funds of the City, and shall .', maintain proper interest, sinking fund and depreciation accounts. Any funds at any time held or reserved b;,• said Light and Water Commission and which may be invested shall he invested in such properties and securities as shall be approved by the City Council. Section 13. Said board shall, with the approval and confirmation of the City Council, make a schedule of rates for the several services and for the different classes of consumers, and shall make such rates for the service rendered as will enable them at all times to pay operating expenses, interest, sinking funds requirements, amortization payments, reserve for working capital, remunerations and replacements, casualties and other fized charges, and in the event service is furnished consumers or users outside the City of Vest Memphis, the rates charged such persons shall not necessarily be as law as the rates charged within the Cit y. Tne said Commission, by and with the approval and confirmation of the City Council, shall have the right to charge the schedule of rates for light and water in the City and outside the City from time to tiro as in their judgment may be necessary or proper. Any rates approved by the City Council of the City of Nest Memphis shall be sufficient to provide for payment of all bond maturities or other indebtedness issued against the "Aght and Water systems or constituting a lien against said systems or the revenue therefrom, including reserves therefor 'and provide for all expenses ofoperation, and replacements and maintenance of said plants of systems. wU Section 14. Said board in the name of the City of West Memphis is autho- rized and empowered to Condemn any lands, easements or light-of-ways either or cr under ar above the ground for any and all pm/poses in connection with the construction, operation, improvement, extension or maintenance of the said light and water systems. Title to any property so condemned shall be taken in the name of the City of West Memphis, and such condemnation proceedings shall be in the name of and for the City and pursuant to and in accordance with the statutory provisions relating thereto. Section 15 . Immediately upon the qualification of the Board of Light and r" 'Ater Commissioners said Board shall complete its organization. The Mayor of _ the City shall be chairman of the Board of Light and `;rater Commissioners and said Board shall select one of its members as Vice-Chairman, and one a Secretary. . The vice-Chairman and Secretary shall hold office as such during the terms for which he is appointed as members of said Board, The Mayor shall preside at all meetings of the Board and shall be its Chair Executive Officer , and the Vice- Chairman shall act as Chairman when the Chairman shall he unable to act. The secretary shall keep and preserve in a well-bound book written minutes of all meetings and actions and proceedings of said Board. Section 16. The Board of Light and Water Commissioners shall maintain and keep separate books and accounts on light and water operations so that said books and accounts will reflect the financial condition of each utility operation separately to the end that each utility operation shall be self-sustaining. Each of said operations -shall be operated independent of Bath other, except insofar as the Board of Light and Water Commissioners may be of the opinion that a joint operation shall be advisable and economical in which event all expenses inzurred in such joint operation, including 'salaries of office workers, engineers or other persons performing work for both operati ons shall be pro-rated between the several operations in such manner as said Board shall deem equitable. The said Board shall keep such books and accounts as nearly as may be in accordance with the standard and uniform books and accounts ordinarily kept in the maintenance and peration of utilities similar to those under its control. Section l7. The revenue received each year from the light and water operations before being used for any other purpose shall be used by the Board for the following purposes in the order named, to-wit : 1. The payment of all operating expenses of theutilities as they accrue. 2 . For required interest accruals and sinking fund accruals or other requirements on bonds or certificates of indebtedness issued for the benefit of the City of West Menphis in the operation of any of said utilities. 3. For payments to reserves in such amounts as the Board of Light and Water Commissioners think proper and by resolution elect to set up from time to • time, but in no event to exceed 2G0 of the revenue remaining after making the payments provided in paragraphs 1 and 2 next preceding. 4. For payment to the general funds of the municipality adum equal in amount to the City taxeson the properties ofthe City owned utilities within the City limits of the City of Wiest Memphis, if said properties were privately owned. 5. Any surplus then remaining over and above safe operating margins shall e. be devoted as the City Council shall direct, provided, however, no such surplus shall be devoted to m y purpose contrary to any mortgage or contract provision made ' by the City of ,'lest Memphis with reference to the use of the income from the opera - ' - tion of any utilities owned by the City. Section 18. The Board of Light and 'Water Commissioners shall furnish to the Ctiy of West Memphis free and sufficient water for all fire hydrants of the City for fire protection and for sprinkling the streets of the City and may also furnish to said City such additional water as said Board may deem expedient ' for public purposes,but the City of ]'rest Memphis shall be required to pay for any electric current under the prevailing rate scales adopted for the sale of any electric current . 28 • Section 19. Subject to the terms of any contracts that have been or may be made by the provisions of any bonds or notes issued by the City of West Memphis relating to the income from the light and watet operations under control of the Board of Light and tilatter Commissioners, said Board may invest or reinvest any surplus funds or reserves in bonds of the United States, State of Arkansas, or any bonds or notes is sued by or on behalf of the City of West Memphis for the benefit of the light and water operations; and the neeei.e446.141It negotiability of any bonds or notes so acquired shall not be affected by the acquisition thereof, any any bonds or notes so acquired may thereafter be negotiated, sold or used for debt retirement or otherwise disposed of at public or private sale , and at such prices and upon such conditions as the Board of Light and Water Commissioners may deem best. Section SO. The Board of Iight and Water Commissioners may insure the fidelity of any or all of its officers, agents or employees, and may require them or any of them to execute bond, and the premium on any bond whioh the Board mc.y require under this ordinance or the premium on any fidelity insurance shall be paid out of the funds e in the control of the Board of Light and Water Commissioners and be charged to operating expenses . 1-1 CC) Motion was made by Melvin Dacus, seconded by I. L. Owens that the rules be suspended and the ordinance read the second time. Upon call of the roll, the vote relative to said motion was as follows : AYES NOS • W. H. Hundhausen, Mayor None I. L. Owens Melvin Dacus F. E. Denson Homer Jones 0. I. Bollinger, Aldermen Said ordinance was thereby read the second time and following the second reading motion was made by Melvin Dacus and seconded by Homer Jones that the rules be suspended and the ordinance read the 11 third time and placed on final passage.. Upon call of the roll the vote relative to the said motion was as follows: AYES NOS41 W. H. Hundhausen, Mayor None I. L. Owens Melvin Dacus F. E. Denson Homes Jones O. I. Bollinger, Aldermen The ordinance was thereby reat the third time and the question being upon its' adoption the recorder was instructed to call the roll and the vote was as follows: AYES NOS W. H. Hundhausen, Mayor None I. L. Owens Melvin Dacus F. E. Denson Y Homer Jones O. I. Bollinger, Aldermen Said ordinance was thereby declared adopted, the Recorder was instructed to spread same upon the record of ordinances of the City of West Memphis and to number same as City Ordinance i:o. 86. Upon motion by 0. I. Bollinger, second by I. L. Owens and unanimously adopted, the City Engineer was authorized to purchase for the use of the City of est Memphis a gasoline-powered lawn mower. Upon motion by F. E Denson, seconded by 0. I. Bollinger the City Treasurer was authorized to advance funds not to exceed 4100.00 for clay and reconditioning of the City tennis courts, said 4400.00 or such amount as may be used to be deducted at the rate of $20.00 monthly from the regular monthly allowance provided for parks and recreational developments. Upon motion by 0. I. Bollinger, seconded by Homer Jones the following Resolution was unanimously adopted by the Council and the Recorder instructed to deliver a copy thereof to the Board of Directors of the Hulbert-West Memphis School District; RESOLUTION WHEREAS, A gymnasium for the Julbert-'J rest Memphis school is about to be erected on a site yet to be determined, and WHEREAS, the Town of Hulbert has, since the erection of the Hulbert-v est Memphis school, decreased in population while the City of West Memphis has increased in population more than four (4) fold, and WHEREAS, the rapid growth of the City of West Memphis will certainly make necessary the expansion of the present school system within the near future, in order that the present conjested condition will be relieved„ and WHEREAS, the logical location of any expansion of the present school system should be located within the corporate limits of the City of West Memphis to bettor serve the people of West Memphis, which constitutes A ).cage majority of the patrons of Hulbert school district. NO r, T:-IEREFCRE BE IT RESOLVED, by the Council of the City of W'est Memphis in regular session assembled, that this council go on record as ur- gently requesting the school board of the Hulbert School District to locate the proposed new gymnasium within the corporate limits of the City of West Memphis, instead of locating it on the present school grounds in the town of Hulbert, and that a copy of this resolution be sent to the *'resident and Secretary of said board,with the request that they bring it to whe attention of the entire board at the earliest opportunity. Mayor PASSED: APRIL 11, 1941 ATTEST: R ec order Motion was made by O. I. Bollinger, seconded by Homer Jones and unani- mously passed, authorizing the Recorder and Treasurer to pay the following 4 • accounts* C. C. Culp Salary ' 125.00 Jim Burrows " 6 5.(C J. E. Wise " 25.00 J. C. Spotts " 25.00 H. Ingliss " 50.00 Noah Phillips " 755.00 W. C. Ellison " 75.00 Will Carter " 75.00 Odis Ball 15.00 Will Carter (Sewer Fund) 12.50 City Engineer (Sewer Fund) 30.00 Sower bond and interest (sower fund) 280.00 Fireman attendants payments 86.00 West Memphis Light & Water Division (sew 204.44 Sewer Fund fu:xc;; 46 .97 Recreation Department (white) 40.00 Recreation Department (colored) 20.00 28 C. C. Culp expense acct. 45.60 S Bell Telephone Co. 12.10 Firemens dues 4.00 Continental Cil Company 69.67 Crittenden County Times 11.00 Bragg Service Company 98.00 Modern I.ercantile 12.14 J. 0. Spbtts, Circuit Clerk 124.95 Riggs Tractor Company 5.55 Balton &Sons 50.00 Sinclair° Refining Company 57.62 Memphis Blue printing Company (sewer fund) 3.35 Jim Burrows (grocery acct) 93;36 J. H. White 13.35 E. B. Crawford Company 50.00 James Boyd 6.00 Crow Creek Sand & Gravel Co. (sidewalk fund) 501.17 McCarter Dairy 10.83 There being no further bisiness to come before the meeting, same was duly adjourned. Cif ******r************* MINUTES OF MEETING OF WEST MEMPHIS CITY COUNCIL TUESDAY MAY 6, 1941--REGULAR MEETING On Tuesday, May 6, 1941, the City Council of the City of :Test Memphis met in regular session at 8 o'clock p.m. with the following members present: [I: W. H. Hundhausen, Mayor j. 0. Spotts, Recorder Doyno Dodd, City Attorney P. M. Dacus , F. E. Denson, I. L, Owens, R. C. Breece, 0. I. Bollinger, Aldermen +t.y It being determined that a quorun was present, the f ollaming proceedings were had, to-wit: The minutes of the last meeting were read and approved. 4�. Pursuant to Ordinance 7A86, duly passed by the City Council on April 11, 1941, and recorded in Minute Book 1 at page 283 of the minutes of the City of Jest Memphis, Alderman 0. I. Bollinger made the following nominations for the officers or members of the Board of Directors of the Light and Water Duvision of the City of West Memphis, Ai?kahsas, and the yearaonf! ach tcarmrfod`3a ing;:they tame thereof on;A 'vi.., 'c A. P. Dacus For a period of four years Tony Peters For a period of three years <, J. A. Johnson For a period of two years Bernie McCarloy For a period et ono year 11 The above motion was seconded by Melvin Dacus and the question [I] being upon the adoption of said resolution, the rool was called by the Recorder and the result of the voting was as follows: AYE No 0. I . Bollinger None R. C. Breece Melvin Dacus F. E. Denson I. L. Owens W. H. Hundhs usen "4UU The Mayor was instructed to have the aforementioned parties properly sworn to oath of Office and, together with himself, forming the Light and 'rater Commission to immediately organize and enter upon their duties as such Commissioners. Motion was made by F. E. Denson, seconded by I. L. Owens that Fraxier and Clifton, attorneys, be employed by the City of West Memphis in the Capacity of attorneys for the Light and Water Commission fora period of ono year at a salary of 45.00 per month. The roll was called with reference to the adoption of this resolution and the result of the voting being as follays: AYE NO 0. I. Bollinger NONE R. C. Breece Melvin Dacus F. E. Denson I. L. 0wsns W. H. Hundhausen Motion was made by Alderman 0. I. Bollinger, seconded by I. L. Owens and unanimously passed, authorizing the City Recorder and Tr easurdr tb pay the following bills and accounts: C. C. Culp Salary 125.00 Jim Burrows " 65.00 OP Doyne Dodd " 25.00 J. E. Wise " 25.00 J. 0. Spotts " 25.00 H. Ingliss " 50.00 Noah Phillips " P75.00 W. C. Allison " 75.00 Will Carter " 715.00 006 Odis Ball " 15.00 West Memphis Light & Water Divis n 198.73 Sewer department 10.00 Recreation Department (white) 20.00 Recreation Department (colored) 20.00 SW Bell Telephone Compahy 26.68 Arkansas P. & L. 6.33 Modern Mercantile 8.26 Continental Oil Company' 24.54 Dacus Lumber Company 179.81 Riggs Tractor Company 17.69 H. A. Johnson 3.75 Sinclair 7.40 Choctaw Culvert Company 189.75 N. 0. Nelson Lfg. Co. 10.65 Jim Burrows (grocery acct.) 115.85 Mid-South Oil Company 5.64 West Memphis Floral Company 4.08 McCaa Chevrolet Company 2.50 Bragg Service Company 24.34 Long Service Station ,_:88.16 Spotts Drug Co. 12.15 Dr. R. B. Hamilton 6.50 Bragg Service Company 3.56 Crittenden County Times 11.75 H. ingliss 76.26 C. C. Culp expense ac c o illt 46.75 Crittenden Theater 15.00 Floyd Ross T.50 James Leachman 6.50 Thrifty Drug Company 7.05 City Engineer (sewer fund) 30.00 Sewer bond and interest (sewer fund) 280.00 Will Carter (sewer fund) 12.50 West Memphis Light and Water Division 55.17 SW Bell Telephone Co. (sewer fund) 8.01 29= Viking. Supply •Company (sewer fund- 13.70 Sparta Sewer Machinery Company (sewer fund) 194.82 Lewis Supply Company (sewer Fund) 28.60 Memphis Machine Works (sewer fund.) 37.10 A. R. Te toe (fewer fund) 2.80 e ash payroll (sewer fund) 7.75 There being no further business to come before the meeting, same was adjourned. Mayor ATTEST: Recorder e-� C.0 ******************** **** MINUTES OF A REGULAR TETING OF THE WEST MEMPHIS CITY COUNCIL, TUESDAY June 3, 1941 On Tuesday, June 3, 1941, the City Council of the City of West Memphis mot in regular session at the City Hall Building at 8 o'clock p.m. with the following members present: W. H. Hundhausen, Mayor J. 0. Spotts, Recorder Doyne Dodd, City Aiorney F. E. Denson, Homes Jones, 0. I. Bollinger and • I: L. Owens, Aldermen It being determined that a quorum was present, the following proceedings were had to-wit : o,[e Mayor Hundhausen appointed I. L. Owens to investigate the cost to the City of three caution lights or traffic signals to be installed by the City at dangerous intersections. Motion was made by Homes Jones and seconded by 5. L. Owens to use City labor in extending the sewer system , making the service of the said system available to the `:lest Memphis Gin, and that the City pay for the pipe used in this extension. Motion was made by Alderman 0. I. Bollinger and seconded by I. L. Owens authorizing the Recorder and City Treasurer to pay the following accounts: C. C. Culp Salary 125.00 Jim Burrows Salary 65.00 Doyne Dodd Salary 25.00 J. E. Wise Salary 25.00 J. O. Spotts, Salary 25.00 H. Ingliss Salary 5O. ?0 Noah Phillips Salary 75.00 17. C. Ellison Salary 75.00 Will Carter Salary 75.00 Odis Ball Salary 15.00 City Marshall's expense 53.84 SW Bell Telephone Company 21.04 Sewer Department 10.00 *r. Ralph Hamilton 1,50 West Memphis News 6.00 Billies - 85.57 Crittenden County Times 14.65 Tape Paper Company 13.35 • Scott-Kelly 3.50 Frisco 13.80 Arkansas Power &: Light 5.76 McCartor Dairy 7.20 Modern Mercantile 8.32 Cash Pay roll 20.00 for cutting weeds 36.00 Recreation Department (white) 20.00 Recreation Department (colored) 20.00 Jin Burrows grocery acct. 90.48 [I] The following bills to be paid out of sewer funds; City Engineer 30.00 Sewer borid and interest paid 280.00 dill Carter Salary 12.50 SW Bell Telephone Company 14.45 Stamps for Sewer Department 15.00 West Memphi s Paver & Water Co. 40.95 Pidgeon-Thomas Iron Company 50.00 The following warrant to be drawn on the Firemens' Pension Fund: Jim Burrows 50.00 There being no further business to come before the meeting, same was adz ourned. Mayor ATTEST: C?) /' Recorder • j I 04 woe MINUTES OF A REGULAR MEETING OF THE WEST MEMPHIS CITY COUNCIL TUESDAY, JULY 1, 1941 On Tuesday, July 1, 1941, the City Council of the City of West Memphis met in regular session at the City Hall Building at 8 o'clock p.m. with the following members present: W. H. Hundhausen, Mayor P. M. Dacus, Alderman J. 0. Spotts, Recorder I. L. Owens, Alderman Homer Jones, Alderman It being determined that a quorum was present, but that the other members of the Council due to business reasons could not be present, it was upon motion and seconded resolved that the meeting be adjourned to meet again at the same hour and place on Wednesday, July 2, 1941. W. H. Hundhausen MAYOR 7Ln ATTEST: J. 0. Spotts RECORDER *********************************************************** MINUTES OF AN ADJOURNED MEETING OF THE WEST MEMPHIS CITY COUNCIL WEDNESDAY, JULY 2, 1941 spa Pursuant to last adjournment the City Council of the City of West Memphis met in the City Hall Building in an adjourned session at 6 o'clock p.m. on Wednesday, 2, 1941 with the followin members July g present: W. H. Hundhausen, Mayor P. M. Dacus, io J. 0. Spotts, Recorder I. L. Owens, R. C. Breese, Aldermen F. E. Denson, Homer Jones, Motion was made by P. M. Dacus, and properly seconded by I. L. Owens that the City Council authorize the Mayor to purchase and have installed four SWIM Signs for use in congested traffic areas within the City Limits at a price of $216.15. All members present voted in the affirmative. ;L fy The Council by unanimous vote authorized the extension of water mains on Ninth Street and on Missouri Avvenue, which authorization the Mayor was directed to pass on to the Utilities Commission. It was resolved by the Council, same having received a tax payers' petition signed by members of the Catholic and Presbyterian Churches, to widen that portion of the street between said churches the conditions being that the City of West Memphis pay for all gravel and labor provided that the said churches furnish and pay for the material necessary for the installation of curbs and gutters. By unanimous vote the Council resolved to pay Mrs. Leona Dodd, City Librarian, a monthly salary of $15.00 same to begin with the month of July. By unanimous vote the Council employed a janitor for the Community House at a salary of $6.00 per week. N By unanimous vote the Council resolved to increase the salary of Noah Phillips, Street Supervisor, to $100.00 per month beginning with July 1, 1941. By unanimous vote the Council employed Jean Hillencamp as general secretary, her salary being fixed at $70.00 per month payable $35.00 from the Sewer Revenue Fund and $35.00 from the City General Fund. Motion was made by Melvin Dacus, and properly seconded by Homer Jones authorizing the Recorder and Treasurer to pay the follow- ing accounts: Aldermen Salary $120.00 C. C. Culp Salary 125.00 Jim Burrow Salary 65.00 Doyne Dodd Salary 25.00 J. E. Wise Salary 25.00 J. 0. Spotts Salary 25.00 H. Inglis Salary 50.00 Noah Phillips Salary 75.00 Will Carter Salary 75.00 W . C. Ellison Salary 75.00 Odis Ball Salary 15.00 Firemen's Compensation 34.00 City Light and Water Division 190.41 C. C. Culp Expense 55.40 Southwestern Bell Telephone Company 25.67 Sewer Department 10.00 Recreation Department 50.00 Jail grocery account 89.66 United Insurance Agency 112.73 Holland Implement Company 111.76 Sinclair Refining Company 19.38 Bragg Service Company 251.00 Arkansas Power & Light Company 5.20 Bragg Service Company 74.26 Tayloe Paper Company 12.20 Riggs Tractor Company 5.94 Lummie Ward 42.00 Street Payroll - Noah Phillips 20.00 Maurine Rowell 12.80 Thrifty Drug Company 1.50 The following bills to be paid out of the Sewer Fund: City Engineer 30.00 Sewer Bond and Interest Fund 280.00 Will Carter 12.50 Southwestern Bell Telephone Company 6.35 City Water & Light Division 29.93 Pidgeon-Thomas 7.01 F. & S. Electric Company 66.00 Office Expense .75 Will Carter 7.00 There being no further business to come before the meeting same was adjourned to meet again at the same hour and place Wednesday, 0 July 16, 1941. W. H. Hundhausen MAYOR ATTEST: J.. 0. Spotts Recorder i wJc MINUTES OF AN ADJOURNED MEETING OF THE WEST MEMPHIS CITY COUNCIL WEDNESDAY, JULY 16, 1941 • Pursuant to last adjournment the City Council of the City of West Memphis met in an adjourned session in the City Hall Building at 8 o'clock p.m. Wednesday, July 16, 1941, with the following members present: W. H. Hundhausen, Mayor P. M. Dacus, J. 0. Spotts, Recorder I. L. Owens, Homer Jones, Aldermen R. C. Breese, F. E. Denson, 0. I. Bollinger, It being determined that a quorum was present, the following proceedings were had to wit: It was resolved by the City Council by unanimous vote that the City Light and Water Commission be authorized to draw the sum of $2,500.00 �--t from surplus earnings of said Light and eater Utilities for use by the CU City of West Memphis in purchasing materials to be used in street repair and maintenance program. The Recorder and Treasurer were directed to C:C1Q,, deposit the said sum in the Street Improvement Fund to be used solely for the purchasing of said materials . It was resolved by unanimous vote that the City Light and eater Commission be authorized to pay an expense account to the Firm of Clifton and Frazer, Attorneys, Memphis, Tennessee, in the amount of $627.24 reimbursing said Firm for sums expended during the litigation relative to the purchase and transference of the Light and Water Utilities. By unanimous vote the Treasurer and Kecorder were authorized to pay the following accounts: Arkansas Municipal League $35.00 c Community House Janitor 12.00 There being no further business to come before the meeting same was adjourned. W. H. Hundhausen MAYOR ATTEST: J. O. Spotts RECORDER ********************************************************** MINUTES OF A REGULAR MEETING OF THE WEST MEMPHIS CITY COUNCIL, TUESDAY, AGUSUT 5, 1941 On Tuesday, August 5, 1941, the City Council of the City of West Memphis met in regular session at the City Hall Building at 8 o'clock p.m. with the following members present: W. H. Hundhausen, Mayor M. P. Dacus, J. 0. Spotts, Recorder I. L. Owens, Aldermen Doyne Dodd, City Attorney F. E. Denson, H. Inglis, Assistant City Engineer It being determined that a quorum was present, the following pro- ceedings were had to-wit: ;‘ i By unanimous vote the Council authorized the extension of sewer line l blocks on Bond Street, and on Pine Street a distance sufficient to service property owned by Mrs. Davis. The City Council by unanimous vote authorized the City Marshal to proceed with the collection of City Tags, and that in the event an owner neglected or refused to buy a tag the Marshal was authorized to take and store any and all automobiles or trucks until properly licensed, The following resolution was introduced by Alderman P. U. Dacus, and seconded by F. E. Denson, and unanimously adopted: RESOLUTION [i: WHEREAS, The President of the United States has requested that the Southeastern States go on Daylight Saving Time, and WHEREAS, The City of West Memphis is immediately adjacent to Memphis, which is in the prescribed Southeastern area, and WHEREAS, it is to the best interest and convenience of the citizenship of West Memphis, besides being in conformity with the National Defense Program, that the said City of West Memphis go on Daylight Saving Time, NOW, THEREFORE BE IT RESOLVED, by the Council of the City of West Memphis that Daylight Saving Time be adopted, effective mid-night, August 5, and continue until mid- night, September 28, 1941. W. H. Hundhausen MAYOR PASSED: August 5, 1941 ATTEST: J. 0. Spotts Recorder Mayor Hundhausen submitted for the Council's approval an application for a proposed Traffic Bureau Franchise and an application for a proposed exclusive Taxi service in the City, both of which were unanimously rejected by vote of the City Council. Motion was made by Alderman P. M. Dacus, and seconded by I. L. Owens authorizing the Recorder and Treasurer to pay the following accounts: C. C. Culp Salary $125.00 Jim Burrow Salary 65.00 Doyne Dodd Salary 25.00 J. E. Wise Salary 25.00 J. 0. Spotts Salary 25.00 H. Inglis Salary 50.00 Noah Phillips Salary 100.00 Jean Hillencamp Salary 35.00 W. C. Ellison Salary 75.00 Odis Ball Salary 15.00 Firemen's Compensation 18.00 City Light & '`Water Division 183.42 0 Marshal Culp Expense 59.45 Southwestern Bell Telephone Company 22.90 Sewer Department 10.00 Recreation Department 50.00 Jail Grocery Bill 65.35 Modern Mercantile Company 12.61 Johnson Auto Company 1.43 Sinclair Refining Company 6.66 Dr. R. Hamilton 13.00 Spotts Drug Store 7.64 City Recorder Stamps 20.00 Continental Oil Company 9.59 Arkansas Power & Light Company 5.10 Stratton iarren Company 93.18 Ketchum Coal and Feed Company 3.68 R. C. Baumann, Agent 8.42 Arkansas Fire Insurance Association 15.00 297 Ltmmie Ward 36.00 Thrifty Drug Company 3.50 W. J. Cooley Company 7.67 Dacus Lumber Company 23.72 Bragg Service Company 139.83 Riggs Tractor Company 29.20 S. C. Toof & Company 42.50 Eddy Rowen 45.00 Leona Dodd 15.00 Gulf Refining Company 5.35 James Boyd 28.00 Will Carter 19.75 The following bills to be paid out of the Sewer Fund: Jean Hillencamp Salary 35.00 R. C. Baumann, Agent 32.47 Memphis Blue Print Company 2.70 Crittenden County Times 8.25 R. C. Baumann, Agent 16.90 Southwestern Bell Telephone Company 9.96 rl Sewer Bond and Interest Fund 280.00 Choctaw Culvert & lachinery Company 380.96 The Recorder and Treasurer were also authorized to draw warrant dfor deposit with the Commercial National Bank, Little Rock, Arkansas, for $927.59 to pay sewer bond interest due on September 1, 1941. There being no further business to come before the meeting same was adjourned to meet again at the same hour and place on Tuesday, August 12, 1941. W. H. Hundhausen MAYOR ATTEST: J. 0. Spotts Recorder ********************************************************** MINUTES OF A SPECIAL MEETING OF THE WEST liTMPHIS CITY COUNCIL FRIDAY, AUGUST 22, 1941 On Friday, Agusut 22, 1941, the City Council of the City of West Memphis met in a special session at the City Hall Building at 8 o'clock p.m. all members having had due notice as required by law, and the following members being present: W. H. Hundhausen, Mayor P. M. Dacus, J. 0. Spotts, Recorder I. L. Owens, Homer Jones, Aldermen F. E. Denson, 0. I. Bollinger, It being determined that a quorum was present, the following proceedings were had to grit: 1,11 Mayor Hundhausen advised the Council that the purpose of this meeting was to determine what means and procedure the Council should take in street repair and maintenance work needed at this time. After discussion the Council by unanimous vote authorized the Mayor to proceed with the purchase of gravel, and to haul same with the City owned trucks in order that a fair and equitable standard might be determined by which costs for further improvement could be calculated, and the Mayor was instructed to report the results of this method of operation at the next regular meeting of the Council. There being no further business to come before the Council, same was adjourned. W. H. Hundhausen MAYOR ATTEST: J. O. Spotts - J c3 MINUTES OF A REGULAR MEETING OF THE WEST MEMPHIS CITY COUNCIL TUESDAL SEPTEMBER, 2, 1941 On Tuesday, September 2, 1941 , the City Council of the City of West Memphis met in regular session at 8 O ' clock p.m. with the follow- ingmembers presents W. H. Hundhausen, Mayor 0 . I . Bollinger, J. O . Spotts , Recorder I . L . Owens , Doyne Dodd, Attorney Homer Jones , Aldermen F. E. Denson, Melvin Dacus, R. C . Breece, It being determined that a quorum was present, the following proceedings were had, to-wit : Mayor Hundhausen , pursuant to instructions of the Council at a previous meeting, made a report to the Council on findings relative to purchase of and delivery of gravel for street repair and maintenance. It was determined from the facts gathered that it would be to the best interest of the City that the Mayor let contracts for the purchase of gravel to be delivered on the streets as needed. Upon motion by Melvin Dacus, properly seconded by 0. I . Bollinger, and unanimously adopted, the City Council authorized the Mayor to proclaim the return of West Memphis from Daylight Saving Time to Central Standard Time, said change to be effective at 10 o ' clock midnight on September 7, 1941 . • The following resolution was - introduced by Homer Jones, properly seconded by Melvin Dacus, and unanimously adopted: RESOLUTION -- i BE IT RESOLVED by the Council of the City of West Memphis , in regular session, assembled at the City Hall , September 2nd, 1941 . SECTION I That a privilege license of $50.00 dollars per annum shall be collected on all travel bureurs within the corporate limits of said City of West Memphis. SECTION II That no travel bur eau shall be licensed to dobusiness in said City of West Memihis without first obtaining the express consent of said city council , said consent to be given only while the council is in regular or called session. Mayor PASSED: SEPT:. 2, 19)41 ATTEST: Recorder Motion was made by I . L. Owens, seconded by Homer Jones and unanimously carried, that the Recorder be instructed to write warrants 1 and the Treasurer to pay same, as follows: SEER BOND AND INTEREST FUND 4 Commercial National Bank 927 .59 GENERAL FUND C. C. Culp 125 .00 Jim Burrow 65 .00 Doyne Dodd 25 .00 J. E. Wise 25. 00 J. 0. Spotts 25. 00 Hugh Inglis 50.00 Noah Phillips 100.00 Jean Hillencamp 35 .00 Leona Dodd 15.00 W. C . Ellison 75 .00 Eldridge Goza 75.00 Odis Ball 15.00 Firemen attendants 18 .00 Recreation Department (white) 30 .00 Recreation Department ( colored) 20 .00 Lummie `:yard 54.00 C. C. Culp ( Expense account) 65 .10 J. A. Riggs Tractor Company 1000 .00 James Boyd 28 .00 Mc Carter ' s Dairy 31 .77 SEWER REVENUE FUND JEAN Hillencamp 35.00 R. C. Baumann, Agent 12 .92 Sewer Bond and Interest Fund 280 .00 Crittenden County Times 20 .65 ram, Cash for Stamps 10 .00 Li FIREMAN' S PENSION FUND • Odis Ball 25. 00 There being no further business to come .before the Council , same was adjourned . W. H. Hundhausen ATTEST: Mayor J. 0. Spotts Recorder ***************** • MINUTES OF A REGULAR MEETING OF THE WEST MEMPHIS CITY COUNCIL TUESDAY, OCTOBER 7, 1941 On Tuesday, October 7, 1941 , the City Council of the City of West Memphis met in regular session at 8 Otclock p.m. , with the 1 following members present: W. H. Hundhausen, Mayor 0 . I . Bollinger, J. 0 . Spotts, Recorder Melvin Dacus , Aldermen Doyne Dodd, City Attorney F. E. Denson, I . L . Owens , It being determined that a quorum was present, the following proceedings wer had, to-wit : I ` n The Council,being in receipt of a letter and petition from the recreation department, considered the matter of the purchase of instruments needed by the proposed High School Band. Motion was made by Melvin Dacus, properly seconded by F. E. Denson, and unanimously passed, that the City Council contribute the sum of $100 .00 to this movement to be used in the purchase of band instru- ments . The Council by unanimous vote authorized the :installation of fire plugs on Roosevelt, Southcrest and Pine Streets and of street lights on Tenth and Polk Streets. (I) ' The City Attorney was dnsttueted to the . Council to notify all parties delinquent for 1941 city privilege and occupation license that unless paid immediately, legal steps would be taken to enforce collection of said tax. Motion was made by I . 0. Bollinger , seconded by I . L. Owens, and unanimously adopted, that the Recorder be instructed to draw warrants and the Treasurer to pay same in payment of the following bills: GENERAL FUND: C . C. Culp $125.00 Jim Burrow 65.00 Doyne Dodd 25.00 JO Spotts 25.00 Noah Phillips 100.00 Leona Dodd 15.00 Recreation Department (white) 30 .00 Recreation Department ( colored) 20 .00 Lonnie Mitchell 3.50 Eldridge Goza 75.00 W. H. Hundhausen 500 .00 C . C. Culp (Expense account ) 55.20 James Boyd 28 :00 • STREET IMPROVEMENT FUND Cross County Gravel Company 177.20 Riggs Tractor Company • 37.04 Missouri Pacific Railroad Company 251 .82 Mrs. Maurine Howell 41 .60 Turner Tire Service 74.83 SEWER REVENUE FUND Jean Hillencamp 35 .00 West Memphis Power & Water Company 66.00 Crittenden County Times 4. 50 S . W. Bell Telephone Company 10 .53 Chocktaw Culvert Company 36.60 Sewer Bond and Interest Fund 280 .00 There being no further business to come before the meeting, same was adjourned. ***************** MINUTES OF A REGULAR MEETING OF THE WEST MEMPHIS CITY COUNCIL TUESDAY, NOVEMBER 4, 1941 On Tuesday, November 4, 1941, the City Council of the City of West Memphis met in regular session at 8 o ' clock p.m. with the following members present: w. H. Hundhausen, Mayor 0 . I . Bollinger, J. 0. Spotts, Recorder F . E. Denson, Homer Jones, Aldermen I . L . Owens, Melvin Laci s, It being determined that a quorum was present, the following proceedings were had, to-wit : r^ The following resolution was introduced by F. E. Denson, properly seconded by I . L . Owens , and unanimously adopted: , RESOLUTION WHEREAS, it is reported to the City Council by the ::ewer Revenue Department that the following property located in the City of West Memphis is delinquent for sewer rental up to and including the month of July, 1941 , in the amount of w29.00 to-wit : WHEREAS, The City Council is informed that the above described property has been sold by its owner to W. P . Harlan, and that in the course of the trade, no mention was made to the purchaser of any delinquent sewer rental , and no lien appeared upon the abstractors report relative to said s-ewer tax; NOW THEREFORE BE IT RESOLVED by the City Council of the City of West Memphis, in regular session assembled, that the collector of sewer rentals for said City of West Memphis be and is hereby authorized to strike off and cancel said delinquent sewer rental on the above and foregoing property and that same be declared free of any liens heretofore existing fl by virtue of delinquent sewer rental, and the City Recorder 1 is hereby directed to deliver a copy of this resolution to 1, _., the Collector of Sewer Rentals as his authority for making said above satisfaction of the sewer rental records . W. H. Hundhausen , Mayor Mayor Hundhausen appointed Alderman Owens and Hugh Inglis to confer with Wallin, Dickey and Rich Lumber Company relative to the adjustments of accounts between said Wallin, Dickey and Rich Lumber Company and the City of West Memphis, and to report their findings at the next regular meeting of the City Council . Council , being in receipt of a. petition from the residents i of Cooper Street relative to the inefficient street lighting now existing, motion eras made by Melvin Dacus, seconded by IlEe"winhson' and unanimously adopted, that the Light and Water Departnt binstructed to place a street light on Cooper Street beten Msouri and Rhodes Avenues . The following resolution was introduced by I . L. Ons, seconded by Melvin Dacus, and unanimously adopted:RESOLUTIONt"-' ti'PHEREAS, theGreyhoundCorporationis planning to the Interstate Commerce �'ommission and with the 1'rkan sas Corporation Commission an application permitting it to pnxchase and thereafter operate as a part of the Greyhound Motor Coach system the line now owned and operated in Arkansas by the Arkansas Motor Coaches, including among others the line from Memphis through Little hock and Hot Springs to Texarkana, and WHEREAS, although the Arkansas Motor Coaches lines have given good service, it is our belief that it will be to the advantage of West Memphis and of the traveling public in general that said lines should become a part of the Greyhound system, and WHEREAS, the Greyhound system is a national motor coach system operating as a unit in all of the states in the Union, using 309 the most modern and comfortable and safest equipment and operating on schedules which make prompt connections for anyone traveling by motor coach to any part of this country, and WHEREAS , said system advertises the advantages and attractions of all resorts and cities through which it operated its line, and it will be to the advantage of West Memphis and its citizens to be on and to be served by this national system of motor coaches . . I NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of West Memphis: That we do recommend and urge that the Interstate Commerce Commission and the Arkansas Corporation Commission do approve the acquisition and operation by said Greyhound Corporation of the lines and equipment now operated by the Arkansas Motor Coaches lines . Attest: The following resolution was unanimously adopted by the City Council : RESOLUTION BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF WEST M +4PHIS, ARKANSAS, that there be and is hereby levied an ad vaIorem tax on all taxable property in the said City (� of West Memphis of ten ( 10) mills on each one dollar assessed valuation, said tax to be collected by the Tax �._. Collector of Crittenden County, and tobe used by the said City as follows: 5 Mills as General Revenue 5 Mills for Bond and Interest Retirement . W. H. Hundhausen Mayor ATTEST: J. 0. Spotts Recorder Motion was made by Alderman 0. I . Bollinger, seconded by Homer Jones, that the City Recorder be instructed to write warran is and the Treasurer be authorized to pay same for the following accounts: GENERAL FUND 'l C. C. CULP $125.00 Jim Burrow Ii5 .00 Doyne Dodd 25.00 J. E. Wise 25 .00 J. 0. Spotts 25.00 Hugh Inglis 50 .00 Jean Hillencamp Leona Dodd 15.00 W. C . Ellison 75 .00 Odis Ball 15.00 Firemen' s compensation 3I4.. 00 3#}3 :James Boyd 28 .00 Eldrige Goya 75.00 Recreation Department (white) 32 .50 Recreation Department ( colored) 20 .00 J. Kirkendall 9.00 Bond ..usic Company 20 .30 C . C . Culp ( Expense account) 43.50 i STREET II.'PROVEMENT FUND _-._I Jordan Cottages 76.96 SEVER REVENUE FUND Sewer Bond and Interest Fund 280.00 R. C. Baumann , Agent 4.3.59 R. C. Baumann, Agent 12 .50 Jean Ililleneamp 35 .00 S . W. Bell Telephone Company 7 .21 Memphis Blue rrint Company 3. 30 There being no further business to come before the Council , it was moved, seconded, and unanimously voted that the meeting be adjourned to meet again at the same hour and place on 71ednesday, November 19,' 1941 . W. H. Hundhausen Mayor ATTEST: J. 0. Spotts {: Recorder • [i • . . • '.t 1 ... _ ...._.. ... 304 MINUTES OF ADJOURNED MEETING OF THE CITY COUNCIL OF THE CITY OF WEST D PHIS, ARKANSAS On Wednesday, November 19, 1941, the City Council of the City of West Memphis, Arkansas met pursuant to last adjournment in the City Hall Building in the City of West Memphis, at 8:00 o'clock F.M., with the following members present: W. H. Hundhausen, Mayor Melvin Dacus, J. 0. Spotts, Recorder I. L. Owens, 0. I. Bollinger, R. C. Breese, Aldermen F. E. Denson, Homer Jones, It being determined that a quorum was present, the following proceedings were had to-wit: Representatives of the Arkansas Power & Light Company were present and the Council entered into a discussion of a proposed contract between the City of ;Test MMemphis and the Arkansas Power & Light Company, whereby the said Arkansas Power & Light Company is to furnish electric service for the said City of West Memphis. After due deliberation, discussion, and agreement, the following resolution was introduced by Alderman 0. I. Bollinger: RESOLUTION WBEREAS it is desired by the City of Vest Memphis that a contract of agreement be entered into whereby the Arkansas Power & Light Company agrees to furnish electric energy to the City of West Memphis according to terms heretofore agreed upon and which is incorporated in a contract of agreement which is a part of the records of the City of West Memphis. WHEREAS it is necessary that some official of the City of West Memphis be designated and authorized to sign and execute said contract for and on behalf of the City of West Memphis. ROW THEREFORE BE IT RESOLVED that Wm. H. Hundhausen, Mayor of the City of West Memphis, be and is hereby authorized and directed to enter into a contract of agreement for electric service between the City of West Memphis and the Arkansas Power & Light Cokpany and the said Vim. H. Hundhausen is authorized and directed to sign said contract and to affix the seal of the said City of West Memphis thereto. Upon call of the roll the vote with reference to the adoption of the said resolution was as follows: AYES NOES Melvin Dacus None I. L. Owens 0. I. Bollinger R. C. Breese F. E. Denson Homer Jones There being no further business to come before the Council and upon proper motion and second, the meeting was adjourned. W. H. HUNDHAUSEN, MAYOR ATTEST: J. 0. SPOTTS, RECORDER MINUTES OF MEETING OF WEST MEMPHIS CITY COUNCIL TUESDAY, DECEMBER 2, 1941 On Tuesday, December 2, 1941 the City Council of the City of West Memphis met in regular session at the City Hall Building at 8 o'clock P.M. with the following members present: W. H. Hundhausen, Mayor I. L. Owens, J. 0. Spotts, Recorder Homer Jones, Melvin Dacus, Aldermen r^, F. E. Denson, 0. I. Bollinger, It being determined that a quorum was present, the meeting was opened for business. Mayor Hundhausen thereupon declared that it would be necessary to adjourn the meeting, therefore, upon motion and second it was unanimously agreed that the meeting be adjourned to meet again at the same hour and place on *Wednesday, December 3, 1941. W. H. HUNDHAUSEN, MAYOR ATTEST: J. 0. Spotts, RECORDER ********************* MINUTES OF AN ADJOURNED MEETING OF THE WEST MEMPHIS CITY COUNCIL WEDNESDAY, DECEMBER 3, 1941 Pursuant to last adjournment the City Council of the City of West Memphis met in an adjourned session at the City Hall Building at 8 o'clock P.M. on Wednesday, December 3, 1941 with the following. to"-", �' members present: :u. W. H. Hundhausen, Mayor Homer Jones, J. 0. Spotts, Recorder I. L. Owens, • F. E. Denson, Aldermen Melvin Dacus, 0. I. Bollinger, It being determined that a quorum was present the following proceedings were had to-wit: Motion was made by Alderman O. I. Bollinger and seconded by Melvin Dacus that. the City Council employ George Bell as caretaker of the Community Mouse and grounds and the Boy Scout House at a salary of $50.00 per month upon the condition that other organized clubs of the City of West Memphis pay two-thirds of the aforesaid. salary, and that the City of West Memphis pay one-third. Upon call of the roll, all members present voted in favor of the motion. Motion was made by Alderman O. I. Bollinger and seconded by Melvin Dacus and unanimously adopted that the Recorder be authorized to draw warrants, and the treasurer to pay same for the following bills and accounts: ' GENERAL FUND Jim Burrow $296.77 STREET FUND Mrs. Maurine. Howell $ 55.40 Missouri Pacific Railway 357.76 Cross County Gravel Company 457.91 Harris Service Station 85.47 SEWER REVENUE FUND Jean Hillenoamp $ 35.00 Cash for Stamps 10.00 Southwestern Bell Telephone Company' 8.22 Sewer Bond Account 280.00 City Light; and Water Division 57.15 quu There being no further business to come before the meeting, and upon motion with proper second it was unanimously agreed that the meeting be adjourned to meet again at the same hour and place on Thursday, December 11, 1941. W. H. HUNDHAUSEN, MAYOR ATTEST: J. 0. SPOTTS, RECORDER MINUTES OF AN ADJOURNED MEETING OF THE WEST MEMPHIS CITY COU;CIL THURSDAY, DECEMBER 11, 1941 Pursuant to last adjournment the City Council of the City of West Memphis met in an adjourned session in the City Hall Building at 8 o'clock P.M. Thursday, December 11, 1941, with the following members present: W. H. Hundhausen, Mayor I. L. Owens, J. 0. Spotts, Recorder F. E. Denson, Aldermen R. C. Breese, 0. I. Bollinger, It being determined that a quorum was present the following proceedings were had to-wit: The City Recorder was authorized to place an order with • W. J. Cooley & Company of Memphis, Tennessee, for the purchase of 600 City Auto Plates for 1942 at a cost of t66.00. Motion was made by 0. I. Bollinger and seconded by F. E. Denson, unanimously agreed by all present that the Recorder be instructed to draw warrants, and the Treasurer authorized to pay same for the follow- ing bills, salaries, and accounts: GENERAL FUND P. Y. Dacus 25.00 0. I. Bollinger 25.00 F. E. Denson 25.00 I. L. Owens 25.00 Homer Jones 25.00 R. C. Breese 25.00 C. C. Culp 125.00 Jim Burrow 65.00 Noah Phillips 200.00 W. H. Hundhausen 200.00 Doyne Dodd 25.00 J. E. Wise 25.00 J. O. Spotts 25.00 H. Inglis 50.00 Jean Hillencamp 35.00 Leona Dodd 15.00 n Odis Ball, Fireman 15.00 W. C. Ellison 75.00 Eldrige Goza 75.00 James Boyd 25.00 Recreation Department - 'rtihite 60.00 Recreation Department - Colored 20.00 Band Boosters' Club 79.70 C. C. Culp - Expense Account 70.57 Arkansas Power & Light Company 26.04 Arkansas Municipal League 40.00 Jim Burrow 52.77 W. J. Cooley & Company 12.00 Sewer Department 40.00 E. B. Crawford & Company 41.63 Dacus Lumber Company $ 39.33 Davis Manufacturing Company 16.25 Gulf Refining Company 5.35 Dr. Ralph Hamilton 13.00 H. Inglis 27.43 Klinke Brothers Dairy 12.82 Herman Muford 1.75 Dr. MoKeowen 2.00 J. L. Montgomery 37.95 Moses Lewis Company 29.40 r-� McCarter's Dairy 5.04 National Funeral Home 16.50 Ketchum Feed Mill 9.18 -__ Firemen's Attendance 120.00 Spotts Drug Store 21.48 Stratton-Warren Hardware Company 6.24 Southwestern Bell Telephone Company 124.54 Tri-State Armature 13.52 S. C. Took & Company 16.13 Tayloe Paper Company 16.10 West Memphis Cleaners 34.32 Wiallin-Dickey & Rich Lumber Company 118.00 J. H. White 50.50 Balton & Son 50.00 City Light and Water Department 867.61 STREET IMPROVEMENT .FUND Sinclair Refining Company 0103.17 Riggs Tractor Company 17.54 Scott Kelly 16.11 Wallin-Dickey & Rich Lumber Company 347.07 Bragg Service Company 380.03 Dacus Lumber Company 23.45 Riggs Tractor Company 15.70 il] C‘E OND AND INTEREST FUND Union Planters Bank and Trust Company $3,005.00 • There being no further business to come before the meeting, upon motion and proper second the meeting was duly adjourned. A'. H. HUNDHAU SEN, MAYOR ATTEST: J. 0. SPOTTS, RECORDER Vt'V MINUTES OF A REGULAR MEETING OF THE WEST MEMPHIS CITY COUZuCIL TUESDAY, JANUARY 6, 1942 On Tuesday, January 6, 1942, the City Council of the City of West Memphis met in regular session at the City Hall Building at 8 o'clock F.M. with the following members present: W. H. Hundhausen, Mayor F. E. Denson, J. 0. Spotts, Recorder Melvin Dacus, 0. I. Bollinger, Aldermen Homer Jones, I. L. Owens, (I] It being determined that a quorum was present, the following proceedings were had to-wit: It was called to the attention of the Council that due to the existing shortage of building materials and supplies the plumbers and electricians of West Memphis would probably not be in a position to follow their trade more than half of the year 1942. It was, there- fore, unanimously agreed by the City Council that the Recorder be • instructed to issue half year license, same to expire on July 1, 1942, to plumbers and electricians. Motion was made by Homer Jones, seconded by F. E. Denson, and unanimously adopted that the City appropriate $500.00 for the use and benefit of the Recreation Department. Motion was made by Melvin Dacus, seconded by F. E. Denson, and unanimously adopted whereby the City agreed to spend the sum of $300.00 in labor, materials, and supplies for the development of Woods Park in the Woods Subdivision to West Memphis. Motion was made by Melvin Dacus, seconded by I. L. Owens .that C. C. Culp, City Marshal, be paid a salary of $200.00 per month beginning January 1, 1942. Motion was made by 0. I. Bollinger, seconded by Homer Jones, and unanimously adopted that the City Council appropriate the sum of $150.00 to the City Library Fund. Motion was made by 0. I. Bollinger, seconded by Homer Jones, and unanimously adopted that the City Council appropriate the sum of $240.00 to the Colored Recreation Department, of the City of West Memphis. Motion was made by 0. I. Bollinger, and seconded by Melvin Dacus, and unanimously adopted that the Recorder be instructed to draw warrants, and the Treasurer authorized to pay same in payment of the following bills and accounts: GENERAL FUND George Bell a 16.33 Firemen's Attendance 91.00 C. C. Culp 125.00 Jim Burrow 65.00 Doyne Dodd 25.00 J. E. Wise 25.00 J. 0. Spotts 25.00 Noah Phillips 100.00 H. Inglis 50.00 W. H. Hundhausen 100.00 Jean Hillencamp 35.00 Leona Dodd 15.00 Odis Ball 15.00 W. C. Ellison 75.00 Eldrige Goza 75.00 James Boyd 28.00 Recreation Department - White 40.00 C. C. Culp - Expense Account 60.91 Southwestern Bell Telephone Company 24.51 ., Arkansas power & Light Company 12.68 Sewer Department 10.00 Ketchum Feed Mill 9.44 39 S. C. Toof & Company $ 12.41 E. B. Crawford & Company 5.00 Davis Manufacturing Company 3.50 Universal Laboratories 2.65 Dr. IdcKeowen 4.00 Spotts Drug Store 11.90 Sinclair Refining Company 33.66 . Klinke Brothers Dairy 7.21 Southwestern Bell Telephone Company 6.34 Thrifty Drug Store 1.50 Bank of West Memphis Riggs Tractor Company (Post-dated) 1,432.20 STREET IMPROVEMENT FUND • West Memphis Tourist Court $ 82.53 Dacus Lumber Company 4.86 Riggs Tractor Company 19.48 Frisco Railway Company 287.64 Cross County Gravel Company 508.90 Mrs. Maurine Howell 128.00 Modern Mercantile Company 6.94 SEWER REVENUE FUND Jean Hillencamp C 35.00 Crittenden County Times 31.10 City Light and Water Division 87.65 Sewer Bond Fund 280.00 There being no further business to come before the Council, and upon motion with proper second, the meeting was duly adjourned. W. H. HUNDIIAUSEN, MAYOR ATTEST: J. 0. SPOTTS, RECORDER • I 61U- MINUTES OF REGULAR MEETING OF TIE WEST MEMPHIS CITY COUNCIL • TUESDAY, FEBRUARY 3, 1942 On Tuesday, February 3, 1942, the City Council of the City of West Memphis met in regular session in the City Hall Building at 8 o'clock P.M. with the following members present: W. H. Hundhausen, Mayor I. L. Owens, J. 0. Spotts, Recorder Homer Jones, Doyne Dodd, Attorney F. E. Denson, Melvin Dacus, Aldermen R. C. Breese, 0. I. Bollinger, It being determined that a quorum was present, the meeting was opened for business, and the following proceedings were had to-wit: John A. Fogleman and James C. Hale, Attorneys of Marion, Arkansas, representing C. C. Culp appeared before the Council, and presented Mr., Cuip's resignation as the elected City Marshal of the City of West Memphis, which resignation was read by the Recorder. Motion was made by Alderman 0. I. Bollinger, seconded by Y. P. Dacus that the City Council accept the resignation of C. C. Culp as the duly elected City Marshal. Upon call of the roll, the following voted in the affirmative: AYES NAYS I. L. Owens, None Homer Jones, F. E. Denson, Melvin Dacus, R. C. Breese, 0. I. Bollinger, The position of City Marshal of the City of West Memphis was, therefore, by the Mayor declared open, and the responsibility of electing a successor to the resigned official was placed upon the City Council. Applications as candidates for the position were received by the Council from the following: Roy Curtis Jim Burrow William Collins Bud Holland B. L. Daniels The Mayor then asked for nominations, and the following were nominated for the position of City Marshal, towit: Alderman F. E. Denson placed before the Council the nomination of Bud Holland, which nomination was seconded by M. P. Dacus,. Alderman R. C. Breese placed before the Council the nomination of William Collins, which nomination was seconded by Homer Jones. [i] Alderman Homer Jones placed before the Council the name of Jim Burrow, but this motion received no second, therefore, was declared void. Motion was then made by M. P. Dacus, seconded by 0. I. Bollinger that nominations cease, and that the candidates heretofore nominated be placed before the Council for voting. The Mayor thereupon called for a vote, the members of the Board of Aldermen being requested to vote by secret ballot, and the Recorder instructed to receive and count such ballots, and to declare the result of aforesaid voting. Upon the completion of the counting of the ballots cast by the Board of Aldermen, it was determined that Bud Holland had received four votes and that William Collins had received two votes. Bud Holland.was, therefore, by the Mayor declared elected, who was in turn sworn to oath of office immediately by J. 0. Spotts, Circuit Court Clerk of Crittenden County. Motion was made by M. P. Dacus, seconded by I. L. Owens, and unanimously adopted by the Council that the salaryof the City Y Marshal be placed at $180.00 per month. Motion was made by Alderman 0. I. Bollinger, seconded by F. E. Denson that the City Council purchase for the use of the City of West Memphis the following: 1 Typewriter Value - t87.50 1 Bookkeeping Machine Value - 85.00 2 Venetian Blinds Value - 18.25 from Assistant City Engineer H. Inglis, and that City Recorder be instructed to issue warrant in payment for same. Motion was made by 0. I. Bollinger, and seconded by M. P. Dacus, and unanimously adopted that the Recorder be instructed to draw warrants, and the Treasurer authorized to pay same in payment of the following bills and accounts: • GENERAL FUND Firemen's Attendance t138.00 C. C. Culp 200.00 Jim Burrow 65.00 Doyne Dodd 25.00 J. E. Wise 25.00 J. C. Spotts 25.00 H. Inglis 50.00 V . H. Hundhausen 100.00 Jean Hillencamp 35.00 Leona Dodd 15.00 Odis Ball 15.00 W. C. Ellison 75.00 Eldrige Goza 75.00 James Boyd 28.00 Recreation Department - White 40.00 George Bell 17.00 Sewer Department 10.00 Ketchum Feed Mill 9.44 Wallin-Dickey & Rich Lumber Company 6.14 Sinclair Refining Company 28.56 Southwestern Bell Telephone Company 26.93 Balton & Sons 50.00 Recreation Department - Colored 20.00 C. C. Culp - Expense Account 23.00 SEWER.FUND Jean Hillencamp $ 35.00 Memphis Machine Works 43.50 Sewer Bond and Interest Fund 280.00 Light and Water Division 112.64 E. B. Crawford & Company 5.76 H. Inglis 190.75 • STREET IMPROVRM NT FUND Billie's Cafe a 66.76 Dacus Lumber Company 14.63 Riggs Tractor Company 10.65 Miller Tire Company 2.00 SEWER BOND AND INTEREST FUND Commercial National Bank $1923.55 :I/ There being no further business to come before the meeting, and upon motion, and proper second, it was unanimously agreed that the meeting be adjourned to meet again at the same hour and place on Tuesday February 17, 1942. W. H. HUNDHAUSEN, MAYOR ATTEST: J. 0.. SPOTTS, RECORDER MINUTES OF REGULAR MEETING OF THE WEST MEMPHIS CITY COUNCIL TUESDAY, MARCH 3, 1942 On Tuesday March 3, 1942 the City Council of the City of West Memphis met in regular session in the City Hall Building at 8 o'clock P.M. with the following members present: W. H. Hundhausen, I,",ayor Homer Jones, J. O. Spotts, Recorder I. L. Owens, (1) F. E. Denson, Aldermen I . P. Dacus, 0. I. Bollinger, It being determined that a quorum was present, the following rroceedings were had to-wit: The following resolution was offered by Alderman 0. I. Bollinger, seconded by M. P. Dacus, and unanimously adopted: Whereas, the following recommendations have been made by the Power and Water Committee of the City of lest Memphis: RESOLUTION The ccrrmitte, consisting of James Johnson and Toney Peters, appointed by the Commission at its previous meeting to make a report on the most necessary water main extensions, presented its recommenda- tions. The Committee recommended that the following extensions be made as rapidly as the forces of the Department can install them without using too much additional labor: Install fire hydrant at the end of the present 4" main at the corner of Roosevelt and Redding. Extend a 4" main from the end of the present 4" main at the corner of Roosevelt and Redding to connect with the present 4" main on Cooper, a distance of approximately 340 feet. iik Install a new 4" main from the corner of Roosevelt and Redding Street, west on Roosevelt, a distance of approximately 400 feet, and install a fire hydrant on west end of said exten- sion. Install a new 4" main from the present 6" main on Highway 61 west on Roosevelt to the northwest corner of Roosevelt and Rhodes Street and install fire hydrant at the corner. Install a fire hydrant at the end of the present 6" main at the corner of Pine & Cooper Streets. Install a new 4" main from the corner of Pine Street and Cooper Street south on Pine Street to the southwest corner of Pine Street and Danner Street and install a fire hydrant at that corner. After a discussion, the following motion was presented by Mr. Bernie MoCar ley: "RESOLVED, That the recommendation for water extension as made by the Committee be accepted and approved and the extensions can be obtained." Be it, therefore, resolved by the City Council of the City of lest Memphis that the aforesaid mentioned extensions and installations proposed by the Light and 'Water Commission are here- by in all respects approved and authorized. Motion was made by Homer Jones, and seconded by F. E. Denson, and unanimously adopted authorizing the City Engineer to gravel approximately a half block on Seventh Street and two blocks on Monroe Avenue in order that sewer pumps might be accessible in bad weather for servicing. Motion was made by M. P. Dacus, seconded by I. L. Owens, and unanimously adopted whereby the City agreed to purchase from C. C. Culp the following: 1 Water Cooler Value - $50.00 2 Venetian Blinds Value - 20.00 1 Desk Value - 15.00 and the Recorder was authorized to issue warrant in payment of same. The following ordinance was introduced by Alderman M. P. Dacus, and read the first times ORDINANCE NO. 87 AN ORDINANCE TO SUBMIT TO THE QUALIFIED ELECTORS OF THE CITY OF WEST MEMPHIS, ARKANSAS, THE QUESTION OF ANNEXING TERRITORY CONTIGUOUS TO THE PRESENT CITY LIMITS BE IT RESOLVED that there be submitted to the qualified electors of the City of Nest Memphis, Arkansas, at the regular election of town officials to be held in the City of Nest Memphis, Arkansas, on the first Tuesday in April, 1942, the question if the City of West Memphis does or does not favor annexing the following territory contiguous to the present City Limits: The following tract being a part of the SYd- of Section 17, T-6-N, R-9-E, and beginning at the intersection of the east side of Fourteenth Street, and the south side of Jackson Street in the Kendal Subdivision of West Memphis, Arkansas, thence east along the south side of Jackson Street 700 feet, thence south paralleling Fourteenth Street 950 feet, thence west paralleling Jackson Street 700 feet to the east side of Fourteenth Street to Jackson Street, the point of beginning. Whereupon Alderman 0. I. Bollinger moved that said ordinance be adopted, seconded by Alderman P. M. Dacus, and after due consideration (-7 by the Council the Mayor put the question on the motion and the roll being called, the following voted: AYES NAYS M. P. Dacus None I. L. Owens Homer Jones F. E. Denson 0. I. Bollinger i14 Thereupon Alderman F. E. Denson moved that the rule requiring ordinances of a certain character to be fully and distinctly read on three different days be dispensed with, and that said ordinance be now considered upon its final adoption, which motion was seconded by Alderman I. L. Owens. The Mayor then put the question on the motion, and the roll being called, the following voted: AYES NAYS I. L. Owens None N. P. Dacus Homer Jones F. E. Denson 0. I. Bollinger Whereupon the Mayor declared the motion duly carried, and said ordinance duly adopted, and he announced in open meeting his endorse- ment thereon of his official approval thereof. It was moved by Alderman 0. I. Bollinger, and seconded by Alderman Homer Jones that said ordinance as adopted and approved be declared immediately effective, and after due consideration of • the motion by the Council, the Mayor put the question, and the roll being called, the following voted: AYES NAYS Homer Jones None • E. F. Dacus I. L. Owens F. E. Denson O. I. Bollinger Whereupon the Mayor declared said motion duly carried, and said ordinance to be in full force and effect. The following resolution was introduced by Alderman Homer Jones, seconded by Y. P. Dacus, and unanimously adopted: RESOLUTION WHEREAS, The sewer rental on the Polkinghorn property accumulated to the sum of "$22.50, part of which was not due on account of the property being vacant, and WHEREAS, The property has been sold, and ownership transferred to Virgil Romine and others effective approximately December 1, 1S41, and WHEREAS, There is no likehood of collection of the t22.50 due before December 1, 1941 NOW, THEREFORE, BE IT RESOLVED, That the Office of City Engineer be authorized to charge this u22 .50 off as being uncollectable. W. H. HUNDHAUSEN, MAYOR ATTEST: J. 0. SFOTTS, RECORDER PASSED: MARCH 3, 1942 [-7 Motion was made by Alderman Y. F. Dacus, seconded by 0. I. Bollinger that Frazer and Clifton, Attorneys of Memphis, Tennessee, be recommended to the Light and Prater Commission as attorneys for said Light and Water Commission, and that their salary be placed at t75.00 per month as heretofore. c _t0 Motion was made by 0. I. Bollinger, seconded by I. L. Owens that the salaries of Eldrige Goza and Carl Ellison be placed at $100.00 per month on March 1, 1942. Motion was made by Alderman 0. I. Bollinger, seconded by F. E. Denson, and unanimously adopted that the Recorder be instructed to draw warrants, and the Treasurer authorized to pay same for the following bills and accounts: GENERAL FUND H. D. Holland $180.00 Jim Burrow 65.00 L. Firemen's Attendance 78.00 Doyne Dodd 25.00 J. E. Wise 25.00 p J. 0. Spotts 25.00 g H. Inglis 50.00 W. H. Hundhausen 100.00 Jean Hillencamp 35.00 0dis Ball 15.00 W. C. Ellison 75.00 • Eldrige Goza 75.00 James Boyd 28.00 Recreation Department - White 40.00 Recreation Department - Colored 20.00 Southwestern Bell Telephone Company 30.73 V . H. Hundhausen - Expense Account 37.88 Arkansas Power & Light Company 10.99 Leona Dodd 15.00 Jim Burrow - Grocery Bill 115.99 Dr. Ralph Hamilton 1.50 Spotts Drug Store 8.37 Davis Manufacturing Company 8.75 Ketchum Feed Mill • 9.69 . fl Sinclair Refining Company 92.72 Klinke Brothers Dairy 12.88 E. H. Clark and Brother 7.50 Bill-Roy Hotel 2.39 West Memphis Lumber Company .61 W. H. Hundhausen - Payroll Account 24.00 W. J. Cooley & Company 66.00 STREET IMPROVEMENT FUND Riggs Tractor Company 0 23.55 Dacus Lumber Company 13.77 F. L. Abernathy 15.00 SEWER REVENUE FUND Jean Hillencamp $ 35.00 A. R. Taylar Company 3.05 Cash for stamps 10.00 Crittenden County Times 7.50 Southwestern Bell Telephone Company 12.29 Sewer Bond Account 280.00 Light and Water Division "', There being no further business to come before the meeting, and 1 upon motion with proper second same was adjourned to meet again at the same hour and place on Thursday, March 5, 1942. W. H. HUNDHAUSEN, MAYOR ATTEST: J. O. SPOTTS, RECORDER 010 MINUTES OF AN ADJOURNED MEETING OF THE VEST MEMPHIS CITY COUNCIL THURSDAY, MARCH 5, 1942 • Pursuant to last adjournment the City Council of the City of Lest Memphis met in an adjourned session in the City Hall Building at 8 o'clock P.M. on Thursday, March b, 1942, with the following members present: W. H. Hundhausen, Mayor M. P. Dacus, J. 0. Spotts, Recorder Homer Jones, F. E. Denson, Aldermen 0. I. Bollinger, [I: It being determined that a quorum was present the following proceedings were had to-wit: A committee from the Progressive Club of West Memphis composed of Mrs. W. H. Howze and Mrs. W. H. Hundhausen appeared before the Council in an effort to promote a sanitation, clean-up, and garbage removal, and disposal program, which movement was taken under con- sideration by the Council. • Alderman 0. I. Bollinger introduced, and caused to be read the following ordinance: ORDINANCE NO. 68 AN ORDINANCE PROVIDING FOR THE ESTABLISHMENT OF A MUNICIPAL COURT IN THE CITY OF WEST MEMPHIS, ARKANSAS, AND FIXING THE SALARIES OF THE OFFICIALS OF SAID MUNICIPAL COURT BE IT ORDAINED, and enacted by the City Council of West Memphis, Arkansas; 1. That there is hereby created and established in the City of West Memphis, Arkansas, a Corporation Court to be styled the Municipal Court of the City of West Memphis, Arkansas, which shall be presided over by Municipal Judge to be elected by qualified electors of the City of West Memphis, at the next regular election, and who shall hold office for a period of four years or until his successor is duly elected and qualified. 2. The qualifications and duties of Municipal Judge shall be those ` as prescribed by the laws of the State of Arkansas, and his salary shallA be the sum of $2100.00 per year, payable in equal monthly installments, one-half to be paid by the City of Yrest Memphis, Arkansas, and the other one-half to be raid by Crittenden County, Arkansas. 3. The Judge of the Municipal Court may appoint a Clerk for the Court, subject to the approval of the City Council, who shall be designated as Municipal Court Clerk, and the salary of such clerk shall be the sum of 4;1.500.00 per annum, payable in equal monthly installments, one-half to be paid by the City of West Memphis, and the other half to be paid by Crittenden County, Arkansas, and the Clerk shall preform in and for the Municipal Court all clerical work required or permitted by the general laws to be preformed by the Justice of Peace in their own Courts, administer oaths, and take affidavits required or permitted in the progress of the action, approve bonds in criminal cases in the absence of the Judge, keep a docket complete of all civil proceedings and a docket of criminal proceedings to the extent and in the manner directed by the judge, seasonably record the judgment, rules, orders, and other civil or criminal proceedings of the Court, and keep and alphabetical index thereto, issue and attest all process, tax and collect the like fees and costs allowed to justices of the peace for similar clerical services under the general laws. He shall render for each month, on or before the first Tuesday of each month, reports in triplicate of all civil and criminal cases tried, showing all fines, penalities, forfeitures, fees, and costs taxed and assessed during the month, and showing the nature of each case and arresting officer, also all payments made on same, and shall file with the City Recorder a copy of said report and pay all funds belonging to the City of i'+est Memphis, Arkansas, to said City Recorder on or before the first Tuesday in each month taking his receipt therefor, and shall deliver one copy to the mayor and the other to the clerk of the county court. RESOLUTION TO CORRECT MINUTES OF MEETING OF THE CITY COUNCIL OF THE CITY OF WEST I;IEMPHIS HELD ON ZUTURSDAY MARCH 5 , 1942 Whereas the minutes of the adjourned meeting of this council held on Thursday March 5 , 1942 at 8 P. M. have never been approved i by the Council; And whereas the minutes as written by J. 0. Spotts , at that time Recorder of said city, are erroneous in that said minutes failed to reflect the votes cast by Wm. H. Hundhausen, then Mayor of said City ; And whereas the said minutes omit the separate roll call vote taken upon the Emergency Clause of Ordinance #88 when in truth and in fact a separate roll call vote was taken thereon, upon which the said Mayor and .Lldermen, 0. I. Bollinger, P. M. Dacus, F. E. Denson and Homer Jones voted Yea. and there were no Nays ; And whereas the existence of such facts is shown by the statement of Mayor Wm.H. Hundhausen, Aldermen P. M. Dacus , O. I. Bollinger and former Aldermen F. E . Denson and Homer Jones and City AtLorney,Kent Jackson, all of whom were present at the meet- ing held on March 5 , 1942 at the time of the consideration of Ordinances #88 and 89 ; And whereas other errors appear in said minutes either through inadvertence or misapprehension and therefore the record of said meeting is defectively made ; Now therefore be it resolved that the minutes of said meeting be corrected to reflect the true facts as follows to-wit : "MINUTES OF AN ADJOURNED MEETING OF THE WEST MEMPHIS CITY COUNCIL THURSDAY, MARCH 5 , 1942 40 Pursuant to last adjournment the City Council of the City of West Memphis met in an adjourned session in the City Hall Building at 8 o 'clock P. M. on Thursday, March 5 , 1942 with the following members present: W. H. Hundhausen, Mayor P. M. Dacus J. 0. Spotts , Recorder Homer Jones Aldermen F. E. Denson 0. I. Bollinger It being determined that a quorum was present the foll- owing proceedings were had to-wit : 0 • • • . . . . , •• . • . • • '• [ ) • • . • . . . • - • . • . , • • 11,00, • • • „ t•e , . , • 4 . , ...• . • . . . • . . •. .. . . A committee from the Progress Club of West Memphis composed of Mrs. W. H. Howze and Mrs. W. H. Hundhausen appeared before the Council in an effort to promote a sanitation, clean-up , and garbage removal and disposal program, which movement was taken under consideration by the Council. Alderman, 0. I. Bollinger introduced , and caused to be read the following ordinance: ORDINANCE NO . 88 AN ORDINANCE PROVIDING FOR THE ESTfiBLISHMENT OF A MUNICI- PAL COURT IN THE CITY CF WEST MEMPHIS , AKANSAS, AND FIX- ING TH7 SALARIES OF THE OFFICIALS OF SAID MUNICIPAL COU=T BE IT ORDAINED, AND ENACTED BY THE CITY COUNCIL OF WEST L IPHIS, ARKANSAS: 1. That there is hereby created and established in the City of West Memphis , Arkansas , a Corporation Court to be styled the Municipal Court of the City of Wet memphis , Arkansas , which shall be presided over by a Municipal Judge to be elected by qualified electors of the City of West Memphis , at the next regular election, and who shall hold office for a period of four years or until his succ- essor is duly elected and qualified. 2. The qualifications and duties of Muncipal Judge shall be those as prescribed by the laws of the State of Arkansas , and his salary shall be the sum of $2100.00 per year , payable in equal monthly installments , one- half to be paid by the City of West Memphis , Arkansas and the other one-half to be paid by Crittenden County, Arkansas. 40 3. The Judge of the Municipal Court may appoint r,ct to the approval of the a clerk for the court , sub j - City Council, who shall be designated as Municipal Court Clerk, and the salary of such clerk shall be the sum of . 1500.00 per annum, payable in equal monthly installments , one-half to be paid by the City of West Memphis , and the other half to be paid by Crittenden County, Arkansas , and the Clerk shall perform in and for the Municipal Court all clerical work required or permitted by the general laws to be performed by the Justices of the Peace in their own Courts , administer oaths , and take affidavits required or permitted in the progress of the action, approve bonds in criminal cases in the absence of the Judge , keep a docket co-iplete of all civil proceedings and a docket of criminal pro- ceedings to the extent and in the manner directed by the judge , seasonably record the Judgement rules , orders , and other civil or criminal proceedings of the Court , and keep an alphabetical index thereto, issue and attest all process , tax and collect the like fees and costs allowed to justices of the peace for similar clerical services under the general laws. He shall render for each month , on or before the first Tuesday of each month , reports in triplicate of all civial and criminal cases tried, showing all fines , penalties , forfeitures , 1111 fees and costs taxed and assessed during the month, and showing the nature of each case and arresting officer , also all payments rInde on s. me , and shall file with the City Recorder a copy of' seid' report , and pay all funds belonging to the City of West Memphis , Arkansas , to said City Recorder on or before the first Tuesday in each month taking his receipt therefor , and shall deliver one copy to the mayor and the other to the clerk of the County Court. . I�l..> eta s s',t r ✓ ' • p; h r ` I f 'I ! J . 1 r . 4S 3 r : z 4 4 Y t tr., • u`. • • ,..' .,' ,..' ..' '. :j•-:'r:... , I :: •• Said clerk ,before entering upon the duties of said office, shall make and file with the City Clerk a good and sufficient bond for the faithful performance of his duties as such clerk in the sum of $7500,00 , said bond to be approved by the City Council. .� 4. The Municipal Judge shall make such rules and operate and conduct his Court as permitted by the stat- ute and in conformity with the administration of justice j and the jurisdiction of said Court shall be as provided by the laws of the state of Arkansas by Act #u0 of 1927 , Approved February 28, 1937, and all amendments thereto. 5 . It is the purpose of this ordinance to create a Municipal Court in the City of est Meciphis , Arkansas, under the provisions of laws applicable thereto and all ordinances or parts Of ordinances in conflict herewith are hereby repealed. 6. And this ordinance being necessary for the immediate preservation of thc public peace , health, and safety, and for the proper and necessary expediting of trials in the administration of justice an emergency is hereby declared to exist , and the same shall be in full force and effect immediately after its passage. Approved this 5th day of March, 1942 . WM. H. HUNDHAUSEN, MAYOR ATTEST: J. 0. SPOTTS , RECORDER Alderman Homer Jones moved that the rules be sus- pended, the ordinance read the second time. The vote upon this motion being as follows : 1 AYES NAYS P. M. Dacus None Homer Jones F. E. Denson 0. I. Bollinger Wm. H. Hundhausen, Mayor The Ordinance was then read the second time. Alderman F. E. Desnon then moved that the rules be suspended, the ordinance readthe third time , and placed on final passage , which motion was seconded by P. M. Dacus , and the vote on said motion was as follows : AYES NAYS Homer Jones None P. M. Dacus F.E. Denson 0. I. Bollinger Wm. H. Hundhausen, Mayor The Ordinance was then read the third time, and the question being upon its adoption the roll was called, the vote upon the adoption of said ordinance was as follows: AYES NAYS P. M. Dacus None Homer Jonew F.E. Denson 0. I. Bollinger Wm.H. Hundhausen, Ma yo r , 41i • Whereupon the Mayor declared saia ordinacne duly adopted and a roll call vote was taken upon section six of the said Ordinance, the same being the Emergency Clause !;hereof , the vote upon said section being as follows : AYES NAYS P. M. Dacus None Homer Jo ne s F. E. Denson 0. I. Bollinger Wm. H. Hundhausen, Mayor Alderman, P. Dacus introduced , and caused to be read the following ordinance: ORDINANCE NO. 89 AN ORDINANCE F 2.XING THE SALARY OF THE CITY ATTORNEY FOR THE CITY OF WEST MEMPHIS , ARKANSAS BE IT ORDAINED AND ENACTED BY THE CITY COUNCIL OF TEE CITY OF WEST MEMPHIS , ARKANSAS: 1. That the salary of the City Attorney, beginning with April 1, 1942 shall be in the sum of #600 payable in monthly installments. 2. All ordinances in conflict herewith are hereby • repealed. Approved this 5th day of March, 1942. W. H. Hundhausen, Mayor Attest : J. 0. Spotts , Recorder Alderman F. E . Denson moved that the rules be sus- pended, the ordinance read the second time. The vote upon this motion being as follows: AYES NAYS M. Dacus lone Homer Jones F. . Denson 0. T. Bollinger Wm. H. Hundhausen, Mayor The ordinance was then read the second time. Alderman 0. I. Bollinger then moved that the rules be suspended, the ordinance be read the third time, and placed on final passage , which motion was secorx ed by P. `". Dacus , and the vote on said motion was as follows : AYES NAYS Homer Jones None P. M. Dacus F.E. Denson 0. I. Bollinger Wm. H. Hundhausen, Mayor The Ordinance was then read the third time , and the question being upon its adoption. The roll was called, and the vote upon the adoption of said ordinance was as follows : AYES NAYS P. M. Dacus None Homer Jones F. E. Denson 0. ... Bollinger Wm. H. Hundhausen, Mayor • l' :,. h C µ b ~�?:F; 4t 3 k� x rr t + 1 f �',' 3 • a � •,J Whereupon the Mayor declared said Ordinance adopted and thereupon the Recorder was directed to spread said Ordinance upon the record of ordinances of the City of West Memphis, and to have the same published as required by law, and to number the same , Ordinance No. 89. It was brought to the attention of the City Council that the operator of Mack 's Grocery, a general store C operating in the City of West Jemphis , was subject to being drafted at any time , and said owner requested permission of the City Council to operate on a half year license pending his induction into the U. S. Army, . and in the event he was not drafted on or before July 1 , that the remaining half year 's license would be paid. It was therefore , unanimously agreed by the Council that the Recorder be instructed to issue a priviledge license for a half year to the owner and operator of the aforesaid grocery store. There being no further business to come before the meeting, and upon motion with proper second the meeting was duly adjourned. " W. H. HUNDIL' USEN, MAYOR ATTEST: J. 0. SPOTTS , RECORDER I hereby offer this resolution and move its adoption. iMotion w:,s made by P.i... Dacus and seconded by O. I. 110 I I Bollinger that the foregoing resolution be adopted, and upon roll call, the vote was as follows : AYES NAYS Vim. H. Hundhausen, Layor None O. I. Bollinger, Aldermen O. J. Hatton 2 1}. I . Dacus tf i,:. C . Baumann t+ Grady Brown if Roy Curtis " No further business appearing, the City Council adjourned until the next regular meeting on July 7 , 1942, 71 unless called in special meeting by the iayor. Wm. H. Hundhausen, i;.ayor kdnnlng,' Reco2J ,: . i•-• • ' • • '• • .. • i . • - . . • • , • . . • . • . - - rH , . . . • • • • • r a _ 1 Said clerk before entering upon the duties of said office, shall make and file with the City Clerk a good and sufficient bond for the faithful performance of his duties as such clerk in the sum of $7500.00 said bond to be approved by the City Council. 4. The Municipal Judge shall make such rules and operate and conduct his Court as permitted by the statute and in conformity with the administra- tion of justice and the jurisdiction of said Court shall be as provided by the laws of the State of Arkansas by Act No. 60 of 1927, approved February 28, 1927, [I] and all amendments thereto. 5. It is the purpose of this ordinance to create a Municipal Court in the City of West Memphis, Arkansas, under the provisions of laws appli- cable thereto and all ordinances or parts of ordinances in conflict here- with are hereby repealed. 6. And this ordinance being necessary for the immediate preservation of the public peace, health, and safety, and for the proper and necessary expediting of trials in the administration of Justice an emergency is hereby declared to exist, and the same shall be in full force and effect immediately after its passage. Approved this 5th day of March, 1942. 71M1. H. HUNDHAUSEN, MAYOR ATTEST: J. 0. SPOTTS, RECORDER Alderman Homer Jones moved that the rules be suspended, the ordinance read the second time. The vote upon this motion being as follows: AYES NAYS M. P. Dacus None Homer Jones F. E. Denson 0. I. Bollinger The ordinance was then read the second time. Alderman F. E. Denson then moved that the rules be suspended, the ordinance be read the third time, and placed on final passage, which motion was seconded by M. F. Dacus, and the vote on said motion was as follows: AYES NAYS Homer Jones None M. F. Dacus F. E. Denson 0. I. Bollinger The ordinance was then read the third time, and the question being upon its adoption the roll was called, the vote upon the adoption of said ordinance was as follows: AYES NAYS M. P. Dacus None Homer Jones F. E. Denson 0. I. Bollinger Whereupon the Mayor thereby declared said ordinance duly adopted, the Recorder was then directed to spread same upon the ordina ces of the City of West Memphis, and have same published as f` by law, and to number same as Ordinance No. 88. Alderman M. P. Dacus introduced, and caused to be read the following ordinance: 418 ORDINANCE.NO. 89 AN ORDINANCE FIXING THE SALARY OF THE CITY ATTORNEY FOR THE CITY OF WEST MEMPHIS, ARKANSAS BE IT ORDAINED and enacted by the City Council of the City of West Memphis, Arkansas: 1. That the salary of the City Attorney, beginning with April 1, 1942 shall be the sum of ?600 payable in monthly installments. 2. All ordinances herewith are hereby repealed. . Approved this 5th day of Larch, 1942. • W. H. HUNDHAUSEN, MAYOR ATTEST: J. 0. SPOTTS, RECORDER Alderman F. E. Denson moved that the rules be suspended, the ordinance read the second time. The vote upon this motion being as follows: AYES NAYS M. P. Dacus None Homer Jones F. E. Denson 0. I. Bollinger The ordinance was then read the second time. Alderman C. I. Bollinger then moved that the rules be suspended, the ordinance be read the third time, and placed on final passage, which motion was seconded by Y. P. Dacus, and the vote on said motion was as follows: AYES NAYS Homer Jones None M. P. Dacus F. E. Denson 0. I. Bollinger The ordinance was then read the third time, and the question being upon its adoption. The roll was called, and the vote upon the adoption of said ordinance was as follows: AYES NAYS M. P. Dacus None Homer Jones „ice F. E. Denson 0. I. Bollinger Whereupon the Mayor thereby declared said ordinance duly adopted, the Recorder was then directed to spread same upon the ordinances of the City of West Memphis, and have same published as required by law, and to number same as Ordinance Number 89. It was brought to the attention of the City Council that the operator of Mack's Grocery, a general store operating in the City of Vest Memphis, was subject to being drafted at any time, and said owner requested permission of the City Council to operate on a half year license pending his induction into the U. S. Army, and in the event he was not drafted on or before July 1, that the remaining half year's licene would be paid. It was, therefore, unanimously agreed by the Council that the- Recorder be instructed to issue a privilege license for a half year to the owner and operator of the aforesaid grocery store. There being no further business to come before the meeting, and upon. motion with proper second the meeting was duly adjourned. W. H. HUNDHAUSEN, MAYOR ATTEST: J. 0. SPOTTS, RECORDER 31yq tia MINUTES OF AN ADJOURNED lalETING OF THE WEST MEMPHIS CITY COUNCIL, TUESDAY, APRIL 14, 1942 - Pursuant to Iasi; adjournment, the City Council of the city of West Memphis met in en adjourned session in the City Hall Building ,2t 8 :o' clock P.M. Tuesday, April 14 , 1942, with the following members present : W. H. Hundhausen, Mayor 0. I. Bollinger , H. E. Manning, Recorder 0. J. Hatton, Kent Jackson, City , Grady Brown, Aldermen Attorney M. C . Baumann, Roy Curtis, All members of the City Council, except P. M. Dacus, being present , the following proceedings were had , to-wit : Cite election having been held , and certificates of el.-;ction issued to all of the above named officers , the Oath of Office was administered to all members of. the City Council present, and the Mayor and City Recorder, by J . 0 . Spotts, County Court Clerk and ex-officio Recorder of Crittenden County, Arkansas. After taking the stetuatory Oath of Office , the meeting was called to order by Mayor Wm. H. Hundhausen. The question of garbage disposal in the city of V1est Memphis was discussed, end City Attorney, Kent Jackson, was instructed to investigate the possibility of ordnances on the disposal of garbage end present same to the next meet- ing of the council. r.., After e further discussion by the Council, a motion • was made by Milton Baumann that the City Attorney, Kent Jackson, be instructed to report to the next meeting of the City Council, the possibility of drawing an ordnance , which would prevent the sale of the Light and Water plant by any succeeding Council, and the resolution was adopted and the City Attorney so instructed . At the request of Mr. F. L. Denson, newly elected City Municipal Judge , the City Council was asked to consider the election of a Clerk for said Municipal Court, and he made his recorm:iendations- to an ex..cutive meeting of the City Council. Whereupon, the City Council reported that they had approved the temporary appointment of Miss Jean Hillencamp to the office of Municipal Clerk , end she be instructed to perform the duties of Municipal Clerk until such time as her successor was elected and qualified , and to comply with the City Ordnances and State laws governing her duties es Municipal Clerk. The matter of supporting the recreation work in i;he City of West 1emphis was discussed by the Council, and a resolution was made end seconded that the City continue to pay for a janitor at the Community house , and also to pay 440.00 for the salary of a director to be selected by the ri Recreational Council. Upon motion of 0. I. Bollinger , duly seconded and passed , h. Inglis , Assistant City .engineer , was instructed to make an investigation of the probable cost and number of parties to be served on 14th Street and other means of getting to the sewer pumping station at the end of 14th Street , and the Assistant City Engineer was so instructed by the Mayor. Motion was made by 0. I. Bollinger and seconded by M. C . Baumann, and unanimously agreed by all present, that the recorder be instructed to draw warrants and the City Treas- urer authorized to pay same for the following accounts against the City of West Memphis , Arkansas , and said accounts were all authorized paid upon aye and nay vote , all alderi:.en present voting aye after each account was presented to them. . c ZU GENERAL FUND Leon Brewer 5.00 Jim Burrows 93.27 W. H. Hundhausen 23.00 W. H. Hundhausen 32.66 H. D. Holland 25.00 H. D. Holland 4180.00 Jim Burrows 65.00 W. H. Hundhausen 100.00 Doyne Lodd 48.75 J. S. Wise 36.45 J. 0. Spotts 36.45 H. Ingliss 50.00 Jean Hillencamp 35.00 Otis Ball 15.00 W. C. Ellison 100.00 Eldridge Goza 100.00 James Boyd 28.00 City Firemen 72.00 Recreation Department 40.00 James Harris (Col. ) 20.00 Mrs. Leona Lodd 15.00 Ark. Power & Light Company 17 .90 Ries Tractor Co. 17.69 W. F. Corkery, Agent 111.70 Bragg Service Co. 142.41 Crittenden County Times 21.80 - Midway Service Station 46.35 Mid south Oil Company 61.80 Scott Kelley Furniture Company 9.41 Standard Oil Company 138.58 Spotts Drug Store 1.84 Southwestern Bell Telephone Co. 11.72 Sinclair Refinery Company 34.17 Tri-State Armature Co. 1.02 Wallin rickey & Rich Lumber Co. 8.24 harvey White 12.50 Vest Memphis Tourist Court 3.49 Balton & sons-Payment 50.00 Dacus Lumber Company 6.92 Cross County Gravel Company 203.45 --j E�, B. Crawford & Co. 10.00 Sewer Department 10.00 SEWER REVENUE FUND Jean Hillencamp 35.00 Bond & Inst Fund 280.00 Cash-Stamps 10.00 Choctaw Culvert Company 205.69 Light & Water Division 186.21 There being no further business to come before the meet- ing, and at the request of City Attorney, Kent ,Jackson, Mayor Wm. H. Hundhausen adjourned said meeting until April 28, 1942, at which time ell members were urged to be present. /i,.___,„=„1aLL.ia„,._.,_ i'm , -y1A..4,, „4-- r______ ,_... 1!! G 1 ' ft'4` Iil --, MINUTES OF AN ADJOURNED MEETING OF THE WEST MEMPHIS CITY COUNCIL, TUESDPY, APRIL 28 , 1942 Pursuant to last adjournment, the City Council of the City of West Memphis met in an adjourned session in the City Hall Building et 8 o' clock P. I\ . , Tuesday, April 28 , 1942, with the foiling members present : W. L. Hundhausen, I eyor 0. I. Bollinger H. J . Manning, Recorder 0. J. Hatton Kent Jackson, City Attorney Grady Brown M. P. Dacus E. C . Bauman Roy Curtis Aldermen All members of the City Council present, the following proceed ings were had, to-wit :- The garbage disposal ordYiance was discussed and passed until the next r. eting of the City Council, and the Mayor was recuested to ascertain if disposal cans could be obtained. Consolidation of the sewer system with the light and water company was discussed, end the C ' tv .ttorney instructed to make investigation and report to the Vouncil. The gravelling of a street to the sewer disposal plant on 13th Street was discussed , end a resolution offered by P. M. Dacus and seconded by Grady Brown, in words and figures as follows :- Be it resolved by the Council of the City of West lwemphis will pay out of the general funds one half of the necessary ex- penses of gravelling 15th Street from Polk Avenue to Madison nvenue , provided one half of the expenses will be paid by the property owners on 15th Street , and provided further, that if 15th Street is graveled from Polk Avenue to Madison Avenue, the City will gravel froxa 15th Street to 13th Street , the location of the sewer disposal pumps. be it further resolved tint the one half portion to be con- tributed shall be raised within OO days from May 1, 1942, and the '-ayor authorized to recieve funds contributed,and when one half of the cost of the gravel is paid , Mayor is authorized to instruct the *ngireer to proceed with the gravelXing. The total cost of which is 460:0..00 , one ,hEif Of. which is to be paid by the contributors. Resolution was unanimously adopted end approved by the City Council, upon roll call. The City :attorney was instructed by the City Council to issue Warrant of Arrest against A. W. Jefforas for constructing a building without permit, and not in conformity with the rules o 1`lennin the City Attorney reruesting time which to investigate the commissior Ordnance which we's by the Mayor authorized. No further business appearing, upon motion of Milton Baumann, seconded by 0. I. Bollinger , Council adjourned , until the next regular meeting. ...r:ror II co er MINUTES OF A REGULAR MEETING OF Th3 W1 T MEETHIS CITY COUNCIL, TUESDAY, MAY m 1942 On May 5, 1942, the City Council of the City of best Memphis met in regular session et the City Hall Building et 8 :15 P. M. with the following members present. W. H. Hundhausen, 'mayor 0. I. Bollinger H. E. Alanning, Recorder 0. J. hatton Kent Jackson, City Attorney Grady Brown P. M. Dacus Roy Curtis Aldermen All members of the Board of Aldermen except M. C. Baumann being present, the following proceedings were had and done , to-wit : Minutes of the previous Meeting were read and approved. The Municipal Court Clerk bond in the sum of 7 ,500.00 , signed by W. H. Hundhausen, Mayor, end 0. I. Bollinger, es sureties, was by the City Council approved. Grrbcge disposal was discussed and the Mayor requested to put a notice in the paper that the City Council would pick up each week(' in the residential section of the City all Forbore piled or stacker' , and that the businessmen be requested at the present time to make arrangements for the disposal of their own garbage , due to the fct ' th-lt the. City has been un: ble to this time procure or purchase garbage disposal cans, and the matter was passed over for further action at a later date. Dr. B. M. Sti vsesson, r:ealth,,Q ; lber of Crittenden County, Arkansas was present ernd discussed with the Council the health rules end regulations of the State, and Mosquito control measures that should be taken in the City of West Memphis The City Attorney was instructed to draw the necessary Ordinance to repeal Ordinance No. 55, the same being the Ordinance adopting U rules and regulations of the State Board of iealth•, and provided that the County health Officer be appointed end. made ex officio health Officer of the City of Vest emphis. The term of office of B. B. McCarley heving expired , and it being necessary to elect a member of the :Light and Water Commission, the name of J. White was proposed by P. M. Dacus and seconded by Roy Curtis, whereupon E. J. White was elected a member of the Light end Water Commission for a term of four years, upon roll cell and the following vote cast. AYES NAYS. W. H. Hundhausen, Liayor None 0. I. Bollinger, Alderman 0. J. Hatton " Grady Brown P. M. Dacus Roy Curtis The City Council instructed the City Attorney Kent (Jackson to notify J . A. Johnson to appeer before the pity Council on May 12 , 1942, to show cause why he should not be removed as a member �--� of the Light and Water Commission. Upon roll call on this �J instruction all members of the City Council present voted aye, except 9 . P. M. Dacus. U Motion was made by 0. I. Bollinger and seconded by P. M. Dacus to repeal Ordinance No. 42, said Ordinance providing for the election of City Engineer, and City Attorney, Kent uackson, instructed to draw the necessary repeal Ordinance , end present same to the Council at their next meeting. Motion was made by P. M. Dacus, and seconded by Roy Curtis that the library be removed from the Municipal Building to the Community house , and the office of librarian be temporarily abolished and the Mayor be instructed to ascertain if the present recreational director at the Community house could take over the duties of librarian. Q3.2 ,4 The question of moving the Power & Water Company dffices from its present locution to the Municipal Building was discussed, and also the question of purchasing certain equipment from the old oest Memphis Power & Water Company, for the city, and e committee consisting of 0. I. Bollinger, P. E. Dacus, and Roy Curtis was appointed by the Mayor to investigate this matter, and the City Attorney instructed to accompany them upon their investigation,fand Laid':cor::mittee requested to report to the next meeting of the City Council. 1 The question of Civilian Defense was presented to the City Council, and a resolution offered creating said defense , but 1 said resolution was withdrawn, instructing all members present and all others interested in Civilian Defense to register with Bud Holland, City Marshall, and than after said registration to call a meeting of all those registered on the Civilian Defense unit , and an organization set up , and necessary measures taken to provide same at a later date. No further business appearing before the Council, meeting Was adjourned until May 12, 1942. ATTw � Mayor Record r Approved : 142 L:INUTES OF AN ADJOURNED I:1;ETING OF THE WEST MEI,f LIS CITY COUNCIL, TUESDAY, MAY 12, 1942 Pursuant to last adjournment , the City Council of the City of West Memphis met in an adjourned session in the City Hall Building at 8 o' clock P.M. , May 12 , 1942, with the following members present :- V. . H. Hundhausen, I ayor 0. I; Bollinger H. li.; ., :. .Manning, Recorder. 0. J. Hatton Kent Jackson, City Attorney P. M. Dacus M . C . Baumann Roy Curtis Grady Brown Aldermen All members of the City Council present , the following proceed- ings were had and done , to-wit:- Minutes of the previous meeting were reed and approved. The question of Odis Ball' s ability to discharge city firemen , was c::iscussed, and Ivy Rhyne and Whit Murphy appeared before the . Council, and were heard relative to. the dismissal of Ivy Rhyne frog the fire department. Motion was made by M. C . B„urcnn and seconded by 0. J . Hatton to sustain Odis 13E11 in his action of discharging Ivy Rhyne, and the discharge was effective as of this date. Ordinance No. 90 was then introduced by L. C. Baumann and caused $ ..• to be read; said ordinance being as follows : t ORDINANCPLUO. 90 AN ORDINANCE REPEJ,LING ORDINLLTCE NO. 55 OF WEST P; MPr IS, ARKAN AS Be it ordained by the City Council of West Memphis , Arkansas. 1. That Ordinance No. 55 be and the same is hereby repealed, said Ordinance being an Ordinance adopting the rules and regulations of • the State Board of health of Arkansas , and providing for the enforce- ment thereof by the County Health Officer of Crittenden County, Arkansas. 2. This ordinance being necessary for the imn;edi :te preservation of the public peace and health of the City of West Memphis, Arkansas and to further clarify the enforcement of the Health regul_tions of the City of West I..emphis, this Ordinance shall be in full force and 3 fefect from and after its passage and approval by the City Council and legal publication as required by law. Passed May 12,1942•. W. H. Hundhausen, Mayor Attest : H. E. Manning, Recorder Alderman Grady Brown moved that the rules be suspended( said motion seconded by M. C . Baumann) , and the ordinance read the second time . The vote on. this motion was us follows : AYES NAYS 0. I. Bollinger O. J. Hatton None P. M. Dacus M. C. Baumann Roy Curtis Grady Brown The ordinance was read the second time. Motion wQs made by E. C . Baumann and seconded by Grady Brown that the rules be suspended and the ordinance read the third time. The vote on this motion was as follows : AYES NAYS 0. I. Bollinger 0. J. Hatton None P. M. Dacus M. C . Baumann Roy Curtis Grady Brown The ordinance was read the third time , the question being upon its adoption. Vote upon the adoption of said ordinance was as •-. follows: AYES NAYS 0. I. Bollinger o. J. Hatton None P. N . Dacus M. C . Baumann Roy Curtis Grady Brown • Whereby the Mayor declared that said ordinance was duly adopted and roll call was taken upon the emergency clause, and the vote upon this emergency clause was as follows: AYES I J YS 0. I. Bollinger 0. J . Hatton None P. M. Dacus M. C . Baumann Roy Curtis Grady Brown Ordinance No. 91 was instroduced by Alderman Grady Brown, and caused to be re- d ; said ordinance being Es follows: OLDINANCE NO. 91 AN ORDINANCE REPEALING ORDINANCE NO. 42. OF WEST ME/THIS , ARK. Be it ordained b y the City Council of West Memphis, Arkansas 1. That Ordinance No. 42 be and the same is hereby repealed, said Ordinance No. 42 providing for the election of a. City Engineer and further , prescribing his duties and qualifications. 2. This Ordinance being necessary for the immediate preservation of the public peace and health of the City of West "emphis, Arkansas and the finances of theCity being in a depleted condition, and the City being unable to employ a City Engineer, and no City Engineer hiving been elected at the last Municipal election, this Ordinance shall be in full force and effect from and after its passage. ROST Passed end approved , Liay 12, 1942 . W. H.►, Hundhausen, Mayor Attest : . H. E. Manning, Recorder Alderman Grady Brown moved that the rules be suspended ; and the ordinance read the second time. The vote upon this motion being as follows : AYES NAYS 0. I . Bollinger 0. J. Hatton None M. C. Baumann P. M. Dacus Roy Curtis Grrdy Brown The ordinence was read the second time. Alderman Grady Brown ' movec that the rules be suspended and that said ordinance be read the third time , and placed for final passage. Motion was seconded by 0. I. Bollinger. The vote on this motion being as follows : A` ES NAYS 0. I. Bollinger 0. J. Hatton None k. C . Baumann P. M. Dacus Roy Curtis Grady Brown Said Ordinance No . 91 was then read the third time , and the questio being said ordinance being adopted. The vote upon the adoption of said ordinance being as follows : AYES NAYS 0. I. = nger r— 0. J. Hatton None P. L. Dacus ' Iii E. C. B,'Imann Roy Curtis Grady Brown Whereupon, the Mayor declared that said ordinance was duly adopted and a roll call was taken upon Section 2 of said ordinance , the sar..e being the emergency clause thereof, and the vote upon said emergency 0 clause as follows : AYES NAYS 0. I. Bollinger 0. J. Hatton None M. C . Baumann P. L. Dacus Roy Curtis 0 Grady Brown The question of the appointment of a sewer, street , andlmprovement District Commissioner was discussed, and Grady Brown made a motion that Noah Phillips be appointed, but the office having not been crerAea motion was made by 0. I. Bollinger that action on this Latter be deferred until the next regular meeting of the Council. Council discussed the purchase by the Light & Water. Commission : f a E inch meter for the Oil Mill,. and motion was made by P. N. Dacus J and seconded by Grady Brown approving the purchase of said meter by the City Light & Water Commission. Motion was made by 0 . I. Bollinger and seconded by M. C . Baumann that the City Recorder be authorized to pry $502 . 13 to the Light & Water Commission to apply on account. The garbage disposal situation was discussed and it was unanimously decided that it would be impossible to buy cans. The subject was to be brought up again t a later date . The resign^tin of J. A. Johnson as a member of the Light & Water Commission was accepted by the Council after discussion. The vote on the re sirna t ion was a s follows : A AYES NAYS 0. I. Bollinger • 0. J . Hatton None Roy Curtis Grady Brown TI..• T,.. uc , T. C - in The Planning Commission was requested to make a survey pertaining to the rezoning of the City and report to the City Council soon thereafter. This motion was unanimously passed. The Council reruested the bond of City Treasurer, J. E. Wise be transferred to J. R. Tansil, newly elected City Treasurer, and this recuest has been complied with. Motion was made by Grady Brown, and seconded by 0. I. Bollinger that the bills be paid . The motion was unanimously passed, and the Recorder ordered to draw up the following warrants: GENERAL FUND Clara Paine 35.20 Eldridge Goza 100.00 W. C. Ellison 100.00 H. E. R..,nning 13.55 J. R. Tansil 13.55 James Boyd 28.00 H. D. Holland 188.00 Jim Burrows 65.00 Jean Hillencamp 35.00 H. Inglis 50.00 Leone Dodd 15.00 John Hart 5.00 Doyne Dodd 119.00 Odis E511 15.00 Kent Jackson 27.25 H. D. Holland 15.00 Jim Burrows 128.04 Wm. H. Hundhausen 100.00 West Memphis Lbr. Co. 9 .31 Thrifty Drug Co. 1.02 J. R. Tansil 2.00 Klinke Bros Dairy 13.79 Dacus Lbr. Co. 64.13 Memphis Blueprint 7 .30 J. A. Riggs Tractor Co. 23.55 H. Inglis 34.64 Spotts Drug Co . 1.43 McCaa Chevrolet Co . .15 Standard Oil Co. 68.40 Western Union Telegraph 3.55 Belton & Sons 50.00 West Memphis Florist 10.70 Davis Mfg. Co . 14.50 P. McClanahan 40.39 S'Western Bell Tel. Co . 54.07 Light & Water Department 592.18 Homer Jones 15.00 sewer Dept. 22.00 James Harris 20.00 Odis Bell 18.00 SEWER FUND Jean Hillencemp 35.00 Sewer Department • 20.00 280.00 Choctaw Culvert 21.15 No further business appearing, City Council adjourned until the next regular meeting on June 2, 1942. • Mayor 7T: • G MINUTES OF REGULAR MEETING OF WEST MEMPHIS CITY COUNCIL TUVE 2, 1942 On June 2, 1942 , the City Council of the City of West Memphis, Arkansas met in regular session at the City Hall Building at 8 P.M. , with. the, following members, present: Wm. H. Hundhausen,, Mayor O..I,. Bollinger, Alderman H. E. Manning, Recorder O.J. Hatton Kent Jackson, City Attorney P.M. Dacus M.C. Baumann Roy Curtis Grady Brown [1 All members of the Board of Aldermen being present , the following proceedings were hadcand done ; Minutes of the previous meeting were read and approved. H. E. Manning, City Recorder, was requested by the Mayor and town Council to obtain prices on one thousand feet of hose, one expander, and rings ; end report same to the next meeting of the Council. The Council voted to pay from the Firemen's Fund, the sum of 180 .00 for insurance policy an the Firemen. • Motion was made by 0. J. Hatton and unanimously passed b; the Council that Jim Burrows salary be increased to the sum of '90. After discussion of the employment of. a City Engineer, the Council decided not to employ a City Engineer, temporarily; and authorized Miss Jean Hillencanip to issue the permits for plumbing and electrical connections, and ira Owens and 'Jack Moffatt to make the inspections of same, with no additional compensation. Motion was made by Roy Curtis and seconded by M. C. Baumann that Claude V. Griffin be appointed Fire Chief, and this motion was unanimously passed by the City Council. Motion was made by O. I. Bollinger and seconded by Grady Brown that the following bills should be paid, and after each bill was presented,to the City Council, the following were approved, and the Recorder ordered to draw the following warrants: GENERAL FUND Kent Jackson 0.00 • J. R. Tansil 25 00 James Boyd 28 00 Eldridge Gosa 100 00 Carl Ellison 100 00 ` H. D. Holland 180 00 Jim Burrows. . 65100 Jim Burrows 75 38 H. D. Holland 20 00 W. H. Hundhausen 100 00 Jean Hillencemp 35 00 H. E. Manning 25 00 i pest. Mfs. Lbr 16 31 Scott Furniture Co 2 10 . L. P. R. R. Co 23 76 National Fur. Home 15 00 Ark. P.& L Co 7 57 Standard Oil Co 6 79 Balton & Sons. 50 00 J.A. Riggs Co. 22 30 Bragg Service 62 55 Crittenden Co.Tim.es 288 50 Bell Tel Co 32.28 Mrs. Leona Dodd 15 00 Mrs. Clara mine 57 50 Odis Ball 15.00 Mo. Pac . R. R. Co 25.30 James Harris 20.00 61-10a GENERAL FUND CONT'D Ire:: Owens 15 00 SEWER FUND Jean Hillencanp 35.00 Sewer Dept 10 00 10 00 rr rr 280 .00 City Bond & Int. Account, Union Planters '"ational Bank, 962.40 The resolution appearing at page 329 , and ixmnedifrtely following this page, wt.s then introduced by P. M. Dacus and a discussion of said resolution followed; •s U 329 MINUTES OF REGULAR MEETING OF WEST MEMPHIS CITY COUNCIL JULY 741 1942 On July 7 , 1942, the City Council of the City of West Memphis, Arkansas met in regular session at the City Hall Building at 8 P.M. with the following members present:- Wm. E. Hundhausen, Mayor 0. J. Hatton H. E. Lanning, Recorder P. M. Dacus Kent Jackson, City Attorney 0. I. Bollinger, Aldermen M. C. Baumann Roy Curtis Grady Brown All members of the Board of Aldermen being present , the followinv proceedings were had and done:- Minutes of the previous meeting were read and approved. Motion was made by P. M. Dacus and seconded by Grady Brown that the Ciro siren be moved from the Arkansas Power and Light Company to the water tank. This resolution was passed unanimously, and it was decided that the fire department should be responsible for making the necessary arrangements to move the siren. Mr. Holloway of the Goodrich Rubber Com-any appeared before the council for the purpose of selling the council fire hose . After Due consideration by the council, motion was made and unanimously passes: to buy 1000 feet of Goodrich Company' s Tidal hose, 2z inches in size. This company agreed to furnish an expander with this hose, the price being w1.00 per lineal foot . Motion was made by L. C . Baumann and seconded by Grady Brown that the recorder be authorized to drew warrants to pay the salaries 0 of the Judr-e and Clerk up to date. This motion was passed unanimously. After due discussion, motion was made by P. M. Dacus ;nd seconded br- M. C. Baumann th• t the Light and Water Department be moved to the City Hell Building. This motion was unanimously passed by the council. .-he business of buying gravel for the patching of the streets was brought up, and it was decided , after due discussion, that the city buy two cars of gr„vel. Motion was made by 0 . I . Bollinger and seconded Grady Brown th.lt the recorder be authorized to draw drafts for the following bills, which was unanimously passed by the council. GENERAL FUND J. R. Tansil .v 25.00 W. H. Hundhausen 100.00 Kent 'Jackson .00 H. A. Manning 25 .00 H. E. Manning 10.00 Clara Paine 60 .00 Jim Burrows 90.00 Jim Burrows 58.87 0 Jean Hillencamp 156.25 C. V. Griffin 1.50 i , C . V. Griffin 15 .00 C. V. Griffin 30.00 C. V. Griffin 1.25 Eldridge Gosa 100.00 Carl .Alison 100.00 Lum Ward 77 .00 Will Blair 7 .00/ West Mfs. Cleaners 9 .68 Hester Johnson 10.00 F. E. Denson 218.75 H. D. Holland 180.00 H. D. Holland 25.00 H. D. Holland 6 .25 4 Thrifty Drug 9 .62 Tayloe Paper Co 6 .25 Newhouse Co 8.50 Fci u Gi+,2i. RAL FUND CULT'D Dacus Lumber Co w 19 .89 Crittenden Co. Times 26.50 Scott-Kelly Furn Co 1.00 Universal Lab 9.75 Lodern here 1.81 United insurance 106.93 Bell Tel. Co 25.11 Mag. 'Pet. Co 46.48 Gulf R fining 25.36 Ark. P. & L. Co 7 .48 Spotts Drug Store .46 West i:fs. Lbr. Co 11.39 Bil-Roy hotel 25.05 Sewer Dept 10.00 Standard Oil 2.45 Dr . Hamilton 30.00 J. A. Riggs 33.50 James Harris 20.00 SE'WER FUND Jean iiillencamn 35.00 Sewer Dept 280.00 FIREMEN'S PEITSION FUND E. B. Crawford 180 .00 No further business appearing, the council adjourned until the next regular meeting on August 4 , 1942, unless called in speciel meeting by the Layer. i--- W . H. Hundhnusen, I,:ayor 71 ' `- .�yW� . Li . ianni , ecor er MINUTES OF THE REGULATING OF THE ;;EST 1V.EMPHIS CITY COUNCIL AUGUST 4, 1942 On August 4, 1942, the City Council of +'est Memphis, Arkansas met in regular session at the City Hall building at 8 P.T . , with • the following members present : Wm. h. Hundhausen, l-.ayor 0. I. Bollinger dent Jackson, City Attorney 0. J. ilatton - M.C , Baumann . P. . . Decus •`r,; Roy Curtis Grady Brown, Aldermen All members of the board of aldermen being present, the following A proceedings were had and done , to-wit: The minutes of the preceeding .meetingwere read and approved. The report of Miss Jean Hillencamp, : theMunicipal Court Clerk, , was read to the council and epprovbd. . , . . • Motion was made by P.M. Dacus and seconded by Roy Curtis that the City Marshrl be instructed to 8rrest all fish pedrlers found _ peddling fish within the city limits without- proper - license, and that they be prohibited from cleaning or dressing any-fish within -, the city limits and that tll hucksters and -ped:'lers 'be required to pay pay their licenses, unless they could furnish - sztisfaetory proof that the products offered for sale 'were produced by' them. 331 The financial condition of the City of West Memphis was discussed and the Mayor instructed by the council to make the necessary financial arrangements, either by borrowing money or trans- . ferring a sufficient amount from the tibest Memphis Power and Light Company • fund to take c< re of all current expenses, with the specific under- standing that any sums taken from the Power and Light C ompany fund should be repaid to them out t of the first available funds in the general revenue fund. This was pur in the form of a resolution, Lind was introduced by P. M. Dacus and seconded by 0. J. hatton, and upon roll call was unanimously passed. A resolution was introduced by Roy Curtis and seconded by Grady Brown that the west Memphis city Library be moved to the office formerly occupied by the City Engineer, and that the clerk of the Municipal Court have her office in the office adjoining the Municipal Court room. After discussion, this motion was passed unanimously. Lotion was made by Grady Brown and seconded by M. C. Baumann that 'the following accounts of the City be paid: GENERAL FUND Carl Ellison W100.00 Eldridge Gosa 100.00 Mrs . Clara Paine 60.00 Ira Anderson 2.00 J. R. Tansil 25,00 Wallin Dickey & Rich for Charlie Jones 33.32 Charles _.Jones 17 .92 Charles Jones 8.76 Lum Ward 63.00 Louis Ringo 14.00 A. Pruitt 2.00 Willie Roberts 3.00 Eddie Roberts 2.00 Willie Anderson 2.00 111 C . V. Griffin 15.00 C . V. Griffin 70.00 Jim Burrows 90.00 . Jean Hillencamp 90.00 Wm. H. Hundhausen 100.00 Kent Jackson 50.00 H. E. Manning 25.00 Bud Holland 180.00 Bud Holland 25.00 James harris 20.00 M. 13. Currie 1.50 G. L. Jacks 1.50 Toney Peters 1.50 J. R. Bowen 1.50 Mrs. Jim Burrows 3.00 Mrs. J . B. Gillespie 3.00 C. H. Brown 3.00 M. M. Moody 3.00 Noah Phillips 3.00 Mr s. Ed La lman 3.00 Mrs . J. Woods Wright 1.50 Z. T. Bragg 3.00 Leo Soles 1.50 W. S. Brehm 1.50 Mrs. 0. H. Hundhausen0 1.50 Mrs. Grady Brown 1.50 •. J. H. Keen 1.50 T. J . Jordan 1.50 Elizabeth Cockerham 1.50 F. s. Denson 87 .50 9 SEWER FUND Sewer Department 280.00 Jean Hillencamp 35.00 ;< SEWER BOND AND INTEREST ACCOUNT Commercial National Bank 902.25 No further business appearing, the council adjourned until the next regular meeting on September 1, 1942 , unless called in special meeting by the 1.ayor. v Wm. hi. tundhausen, Mayor r 4 . L. Man ing, xecord a MINUTES OF TEE REGULAR MEETING OF TEE I T NELPHIS CITY COUNCIL SEPTET:iF3ER -If A4g On September 1, 1942, the City Council of West Memphis, Ark. L_ met in regular session at the City nail building at 8 P.M. , with the following members present : - -. _ . _ Wm. H. hundhausen, ivayor 0.I. Bollinger Kent Jackson, City Attorney 0. J. Hatton H. E. Manning, Recorder M. C. Baumann P. M. Dacus Roy Curtis Grady Brown, Aldermen All members of the City Council being present, the following proceedings were had and done, to-wit ; The minutes of the previous meeting were read and approved: The Sewer accounts were discussed by the Council, and the City Attorney instructed to continue his efforts to collect the delinquent accounts. Upon motion made by Au. C. Baumann, and seconded by P. M. Dacus, kiss Jean hillencemp was employed permanently, or for the duration of the office , as Municipal Court Clerk, and said motion was unanimously passed by the City Council. 0 A resolution was introduced, discussed, and passed, request- ing the mayor to take such action as necessary to attempt to place the City of West Memphis in a itiational Defense Area. P. L. Dacus was nominated by M. C. Baumann, and his selection unanimously approved by the Council as a member of the City Planning Commission, representing the City Council on said Planning Commission. The matter of the filling of the vacancy on the Light and Water Commission was discussed, and continued until a later date. The financial condition of the City was discussed, and , action on this deferred until September 3, v,-hen the City Council is to meet in a joint session with the members of the Light and Water Commission. No further bussiness appearing, meeting adjourned until 8 P. 1:. , September A7, 1942. • ;4115,4444".440.(4.44.1. e ra. H. hundhausen, liayor 4,c,: _ , E. Manna , Recorder ,..,-. 333 MINUTES OF AN ADJOURNED MEETING OF THE WEST MEMPHIS CITY COUNCIL SEPTEMBER 7,1942 • Pursuant to last adjournment,the City Council of the City of Weet :Memphis,:Ar. a4sas met in an adjourned session with the Light g Water Commission in the City Hall Sdilding at 8 o' clock P . M. September 7 ,1942, with the following members present :- V.H.Hundhausen,Mayor 0. I. Bolinger ?I. ? Manning, ecorder 0. J.Hatton r-- Roy Curtis Grady Brown Alderman 11 All members of the City Council except P.M.Dacus and M.C.Baumann being present,the following proceedings were had and done to-wit :- After due discussion by the City Council and the members of the Light and :rater Commission proper motion was made and unanimously approved • by the City Council that the City Council accept from the city Light and Water Company for the General Fund of the City of lest Memphis the sum of 7 ,500.00. Motion was made by . I.Bolinger and seconded by Grady Brown and approved by the City Council that the :recorder be authorized to draw warrents for the following accounts: GENERAL AL FUND ScottyKelly Furniture Co. .3 1. 19 H.D .Holland ( Cook ) 15.00 Crittenden Co. Times 1.50 O.J.Hatton -Ald. Sal 45 .00 ' ail-:goy Hotel 24.34 Mre.Mary Williams 40.00 Bragg Service Co. 133.74 Bank Of West Memphis 5 .00 Universal Lab. 9. 75 Lt. & Water Dept 1,777.90 Gulf Jil Products Co _ 5.36 O,I.Bolinger 65.00 ' 71 Missouri Pacific :t.A. Co. 51. 28 M,C.Baumann 35.00, I .t Cross County ravel Co. 85.90 M,P.Dacus 55.00- West Memphis Lumber Co. 3d.54 Roy Curtis 45.00 Dacus Lumber Co. 11.63 Grads Brown 45.00. Sell '?el Co. 66 .49 City Balcksrnith Shop 4.10 P.McClanahan 21.74 Sewer Revenue Fund State Firemen' s Asso. 19 .00 E.B.Crawford 60.90 Stamps 10.00 Memphis News Co. . 24.17 Jean Hillencamp 35.00 Farmers Supply Co. .80 Sewer Dept 280..00 Balto & Sons 100.00 Lt. & Water Dept 522.12 Choctaw Culvert Co . 1.25 J.A.Riggs Tractor Co. 73.20 Sewer Dept 20.00 Standard Oil Co. 3.45 Klinke Bras. Dairy. 10 .93 Spotts Drug Store 1.54 E.H.Barbe r 2.50 Jim Burrows ( Grod. -3:00.69 C.V.Griffi.n( Sal) 15 .00 C.V.Griffin ( Att.) 22.00 James Harris 20 .00 Kent Jackson 50.00 Jim Burrows 90.00 Bud Holland 181.25 W.H.Hundhausen 100.00 H.E.Manni ng 27.00 J,R.Tansi 1 25 .00 Jean Hi llencemp 90.00 F,E.Denson 97.50 I" W .H. Hun us en,Maya r �.M yyy>��� Approved 1 �. `v H.1�:. nnin� iZecorder. MINUT s OF TILL REGULAR METING OF TEE WEST M :MPFil; CITY COUNCIL OCTOBER 6, 1942 On October 6, 1942, the City kdouncil of West Memphis, Arkansas met in regular session at the City hall Building at 8 P. M. , withe the following members present : Wm. H. Fiundhausen, ivayor P. L. Dacus • H. E. uaanning, 1ecorder 0. J. Batton 0. I. Bollinger Roy Curtis Grady Brown, tilderrien All members of the City Council being present , except L . C. j Baumann, the following, proceedings were had and done , to-wit ; Ij A contract was presented by Mayor W . h. Hundhausen by and between �`' the City of West Memphis , and the :Jouthwester.n hell Telephone Co. in reference , and in connection with, the operation of the siren for the Fire Department of the City of West Memphis, and the said contract was presented to the Council and approved by them by unanimous vote. The matter of obtaining and of placing gravel to the sewer Station on 13th Street was discussed and the City Council voted to authorize the Mayor to gravel the said street or any street to said station by the ce cheapest and most direct route to the least expense of the City, and was authorized to expend any available city funds for said purpose. The account of Walter Stovall for audit of the Light a, Water Department books was presented to the Council, and after discussion, the Council voted to refuse payment of said claim, and instructed the Recorder not to issue warrant for said account . The matter of .purchasing fire hose for the City xire Department was discussed, and after discussion, it was decided that it should be presented to the Council at some future date. The matter of the appointment of h. D. (Bud) Rolland to a position on the state Police Department was discussed, and the mayor was requested by the Council to recommend that it be done if possible . The matter of a depository for the City of West Memphis or funds of the City of West Memphis was discussed, and it was unanimous136 voted by the dity Council that the Bank of West ,..,emphis, West Memphis, Arkansas, should be the depository for all funds of the City of West Memphis. The following accounts by the City Council approved ; GEbihRAL FUND Kent Tackson 50.00 LouisoRingo 28.00 C. V. Griffin 15.00 James Harris 20.00 Mrs=: Mary Williams 60.00 Jim Burrows 90.00 H. D. (i)ud(DHolland 180.00 Wm. H. Hundhausen 100.00 H. E. Manning 25.00 J. R. Tansil 25.00 Jean Hillencamp 90.00 F. L. Denson 87 .50 r- Eldridge Gosa 100.00 Carl Alison 100.00 C . V. Griffin 54'.00 Essex Holt 8.50 Mid-south Oil Co. 61.95 Jim burrows 54.13 Thrifty Drug Co. 1.79 Crittenden County Times 15.10 Tayloe paper Co. 18.50 Choctaw Culvert Co. 8.75 Dr. Ralph Hamilton 2.00 Bud Holland (Cook) 25.00 Standard Oil Co. 9.49 Bragg Service Co. 56-.18 GENERAL FUND C ON T 1'U.: D 33 Sewer Department 10.00 ��est Memphis Lumber Co. 6 .09 Lowe & Keuck Inc. 31.08 E. B. Crawford Ins. Co. 7 .50 J . A. Riggs Tractor. Co. 23.96 bell Telephone Co. 32.90 Lt. & Water Dept. 235.80 United Ins. Co. 43.40 SEWER FUND Jean hillencamp 35.00 Crittenden County Times 11.10 Williams ahade Co . 13.50 Ell Stamps (Jean hillencamp) 10.00 LeFebure Corporation 58.46 Lt. & Water Dept. 44.06 Sewer Dept. 280.00 ro further business appearing, the Council adjourned until the next regular meeting on november 3, 1942. unless called in special meeting by the iayor. Wm. h. hundhausen, i ayor H. `$. Manni „ Recorder MINUTSs OF REGULAR LII TING OF THE WEST MEP";PHIS CITY COUNCIL NOVE E , 19342 On Moveraber 3, 1942, the City Council of West Memphis, ArkanF•as m% met(Ain regular session at the City hall Luilding at 8 P.M. , with the following members present: Wm. H. hundhausen, Mayor P. M. Dacus h. E. Manning, Recorder O. J. Hatton Kent Jackson, City Attorney U. I. Bollinger Roy Curtis M. C. Bauman aldermen • All members of the . City Council being present, except Grady Brown, the following proceedings were had and done , to-wit ; The hazardous condition of certain buildings.. in West Memphis, and particular.,ly 'those of Highway 70 was discussed, and the City Attorney, Kent Jackson, was instructed to investigate , and draw an ordinance_ to submit to the City Council_ providing for the con- demnation of such property as were determined to be a fire hazard. The health and sanitary situation at lder'.s Cafe was discussed, and the City Attorney instructed to file information, unless this nuisance was abated. The ratter of reopening the City Library was discussed , and after discussion, motion was made by ielvin Dacus, and seconded by Roy Curtis that Mrs. Williams be requested to serve as :Aibrarian three afternoons per week, in addition to her duties at the Coraaunity Louse . • • `the matter of sidewalks from the Bank of West Memphis to the bus station was discussed by the Council,' and the City Attorney authorized to draw an ordiw.nce to be presented to the Council providing for the condemnation of right of way for said sidewalks . The Municipal Court and the question of fees for attorneys who defended the establishment of the Court was discussed , and the Mayor requested to communicate with hale :and Fogleman and report to the next meeting of the Council. Motion was made by M. C . Bauman and seconded by Melvin Dacus that the City, in order to curtail operating. expenses, have Tim burrow to wort: the prisoners, and that ldridge Go.sa be discharged. Said motion was unanimously passed by the Council. • The Council voted approval of the paument of. 2.11 salaries of employees and officials of the City , and no other accounts were paid. No further business appearing, the Council adjourned until the next regular meeting on December 1, 1942, unless called in special meeting by the Mayor. i PPROVLL: gym. ��.hundhnusen, Eayor - r � K. L. Manning, I:ecor.l.e MINUTES OF A REGULAR M,dE'ETING OF THE WEST irIEMPHIS CITY :OUISCIL-- -- MEMBER, 1 ,1942 rn 0 n D ecember 1,1942, the,C ity Council of Jest Memphis, Arkansas met in regular at, the City Hall Building at 8 P.M. , with the following members present: Wm. H.Hundhausen ,Mayor P.M. Dacus Kent Jackson, Attornyy :;.I.Bolinger H.'.E.Manni ng,Reco rd er Cur tis,Roy With the above members of the City Council present the following proceedings were had and done,to-wit; Minutes of the previous meeting were read and approved. Lawyers Hale & Fogleman were present and discussed the settlement of the City Court case. After due discussion by J the Council it was unanimously agreed that the City pay the cost of the court proceedings in the amount of 3104.38 and the attorney fees in the' amount of .r> 250 .00 and the Recorder was ordered to draw warrents for same. D ue to the absents of three Alderman action was posponed on the matter of closing of beer stores from 12 o' clock Sunday morntng until Monday raorning.Same to be brought up at a later date. The account of BF.Goodrich was discussed and the Recorder was re tiuested to pay the Company the sum of 200.00 . K otion was made by 0. I. Bolinger and seconded by liM.Dacus that the M ayor be authorised to purchase five cars of road travel to be used in the repair of city streets. ?his motion passed unanimously. The following accounts were approved by the Council and motion was made by J.I . Bolinger and seconded by P.M.Dacus and unanimously passed by than Council that the Recorder by authorized to draw warrents for same : Gnenral F and i I I Kent Jackson 50.00 Jim Burrows 90 .00 • H.D .Holland 180 .00 W .H .Hundhaus en 100.00 Z.E. Mauling 25.00 J.R. Tansil 25.00 Jean Hillencamp 90 .00 F.E. .Denson 67.50 Carl Ellison 100.00 Louis Ringo 28.00 H.D .Holland( cook) 20.00 • C. V. Gri ffin( Att . ) 104.00 C.V. Griffin( S alb 15.00 :uic Caa Chen. Co . 1.25 Thrifty Drug Co. 5.92 66 I GENERAL FUND ,CONTINUM Will Blair( Dogs) 11.15 Jim Burrows( Gro. ) 169 .00 Berger' s Stosre 30-.02 Sewer Dept. 20,00 The City ':Council also approved the Dr. Ralph Hamilton 3,00 payment of all December Salaries and Dacus Lumber Co. 15.46 labor items be-cause of the fact that Scott-;jelly Co. 8,18 the Victory Tax would become effective F arrners Supply Co. •62 on January 1,1943, Modern Mere. Co.. 3.40 Universal Lab. 5,80 C.V.Griffin( Plumbi nQ; 10,00 West ilemphis Lbr. 69.47 Gulf Oil Products 5.35 Sinclair Refinning CO. 4.6.4 .B. Crawford Co. 43.98 Burrows Service Co.- 17.38 B.F .Goodrich Co. 200.00 G.B.Rollaway 52.50 Bell Tel Co . 51.94 J.A.Riggs 75.41 Bank of ';Jest Memphis 1.90 James Harris 20.00 Elridge Gosa 25.00Hale & Hale & Fogleman 354.38 J..R .Tansil( sneetze0 2.53 SVi t3VENUE ACCOUNT Jean Hillencamp 35.00 Sewer Dept. 280,00 Light & 'later Dept. 9 .26 ',Jest Memphis Cone. Co. 2.40 Burroughs Adding Mach. 64,49 Crittenden Co. Times 11,65 Bell Tel Co. 12.62 • CITY BOND PA INT.ACCOUNT Union Planters National Bank &Trust Co. 2964.90 There being no further business to come before the Council the meeting was duly adjourned until the next regular meeting. I . H. _.Hundhaus en,Mayor ,Rec .E.Pvi�.n21i ng,� ecord q -ipproved 51 14. G' I+IINUTr�S,. OF A REGULAR MEETING OF WEST FITHIS CITY COUNCIL JANUARY 5,1943 0n January 5 ,1943 the City Council of ,'Jest Memphis,Arkansas met in regular session at the City Hall Building at 8S P .M, with the following members present: Wm.H.Hundhaus en,Mayor P.ill.Dacus H.E.Manning,itecorder O.J .Hatton 0.I .Bollinger ,.-, Roy Curtis C.Bauman, aldermen members of the City Council being present , exc ept Grady Brown, the fallowing proceedings were had and done to-wit : Minutes of the previatas were read and approved . Mrs. Kent Jackson and Mr . H.In:glis appeared before the Council and ask the City Council for an appropriation to enable the opening of the Library. Motion was made by Malvin Dacus and seconded by Roy Curtis that the City appropriate the sum of ;25.0!0 per month to help defray the expenses of said. Library. The roll was called and the following votes cast: . . Yea Nay P .i;:.Dacus iii. C.Bauman O .J.Hatton O .I .Bollinger Roy Curtis OOZli This resolution was passed with the distinct understanding that this sum was the total amount the City would expend and that the first sign of friction between and parties concerned or the first trouble appearing in the administration of Library would automatically cancel this appropriation. ?he subject of beer sales can Sunday wae;:- discussed and the following conclusion drawn: The fact that uusinesses outside the City Limits would supply drinkers together with war rationing and possibdility that the State would pass a law prohibiting and sale of beer on Sunday lead the City Council to the conclusion that the Ordinance was not necessary. ?he Council 7ated to discontinue all payments to hhe ::exceation Department with the exception of •, 2a.O.a which amount is to be used far the payment of a j ani for at the Community House. The City Attorney was instructed by the City. Council to draw an Ordinance prohibiting the sale or use in any way of fire works. The following accounts were,by the Council, approved for payment and the itecorder was instructed to draw drafts for same: GENERAL 'UND Essex Holt 3.00. Chas. Jones 2.00 • Jim Burrows 107.31• Ketchum' s �' ee,d Hill 10. 20 Bil-ito r Hotel 26.10 J.L.L:iontgomery 52.25- Sinclair Ref. Co. 21.42 C. -d.Grif fi n 18.00- J.R.Tansil 4.00- 8i s Tractor Co. 15.96- �T.LI. Lbr. Co. 14.73. Okla. Tire Co. I .5:,�- Bell Tel . Co. 33. 78- Narmer' s Supply 'o. . 77- Sewer Dept. 10.00• Klinke Bros.Dairy 18.23- Light Water Dept 658.44- Standard Oil Co. 131.01- H.:H:.:.:anning-Pees 10.00. H.D‘Ho 11 and 5 .0 0- • B.F .Goodrich Co. 760 .00• :- ]-`1ENJE FUND E.B.Crawf ord 5/76- Light & 'dater :wept. 160.55 STREET IMPROVEMENT FUND Missouri Pacific R.ii.159.64- Cras s Co Gravel Co. 196.61- Dacus Lumber Co. 53.69- Jo further business appearing the Council adjourned until the next regular meeting night on February 2,1943 ,un1es s called in special session by the Mayor. H.Hundhaus en,Llayor i�G:. i nnin#, ecorder Apiaroved- 339 LINUT'',S OF A _REGULAR MEETING OF THE WEST MEi HIS CITY COUNCIL FEB ;U:kRY 2,1943 On February 2 ,1943 the City Council of ,lest Memphis , Arkansas met in regular session at the City Hall Build ing,;pest Memphis , arkansas at 6 PM. with the following members present: Hui. H. Hundkhaus en, ir:ayor P . ivi. Dacus I H. E.Manfltng, Record er 0 . J. Hatton U. T. Bollinger Roy Curtis All Members of the City Council being present, except Grady Brown and Ni. C, Bauman, the following proceedings were had and done to-wit: Minutes or the previous meeting were read and approved . i1 Mr. Z. T. Bragg appeared before the City Council and requested an adjustment of his sewer account due the City of West Memphis and t he Council refused to make any adjustment of the said account. C. V. Griffin, the -,ire Chief , of the City of oiest Memphis , Arkansas , appeared before the City Council and requested on behalf of the members 0 of the _Fire Department , an increase in the compensation of t, he members for attending each fire and after discussing this matter , it was voted unanimously by all members of the City Council present that the Fire Chief present at: each Council Meeting a statement of the fires and the members of the ''ire Lepartment present at each fire and then the Council would make such compensation for each fire, in addit ^ n to the regular pay as now received by said member$ , as the Cai ncil see fit. The Matter of delinquent sewer accounts was discussed and the City Attorney instructed to file liens against all property upon which the sewer account was delinquent for 90 days . 0 , The account of J. A. -4iggs Tractor Company was presented to the Council and under the terms of pnechase agreement , with the City of +Pest memphis ; the City recorder was authorized to issue warrant to the J. A. Riggs Trac: or Company in the sum of 41432. 20 , said warrant to be due and payable on Notrember 1 , 1943. The Council authorized the following accounts : Genera] revenue Fund H. E. Manning •„:25.00 Sewer Department l0.00 Kent Jackson 50 .00 J. A. Riggs Tractor Co 33.68 Louis Ringo 26.00 Bell Telephone Co. 22.53 Mrs . M. B. Curry 25.00 Jim Burrows 90 .00 SEWER REVENUE FUND Mrs. Jim Burrows 20 .00 Jim Burrows0 Gro) 59.16 Jean Hillencamp 35.00 Jean Hi Ilene amp 90 .00 Bell Telephone Co 5.95 Carl Ellison 100.00• Sewer Department 280.00 0 C. V. Griffin 15.00. C. V. Griffin 122.00. STREET IMPROVE :NT FUND H. D. Holland 150 .00 0 H. D. Hollarf 30.00 Cross County Gravel Co 29. 17 if. H. Hundhausen 100.00 Dacus Lumber Co 1.66 4, R. Tans it 25.00 t r . E. Denson 67.50 Mid South Oil Co 1.00 tiVill Blair n.50 Modersn Mere . Co 3•.43 Universal Lab. 9 .30 Holland Imp. Co 9 .23 G. B. Ho l l ow ay 9 .50 Sinclair nef fining Co 28.56 Crittenden Co . Times 107.30. J. A. itiggs Tractor 1432. 20 Standard Oil Co 73. 15 T. T. Sullivan 1.25 T. M. Lumber Co 1.07 Bil-Roy Hotel 14. 36 Scott Kelly Furn. 13. 21 0 No further business coming before the Council, said. Council was adjourned until the next regular meeting or until called for a special meeting the he Mayor. Wm. H. Hundhausen, Mayor _ H. E. Manning, recorder dpp vec7 MI NUTI-f3 OF A. SPE I AL MEETING OF WEST .MEMPHIS CITY COUNQ L February 11 , 1943 A special call meeting of the City Council of the City of Nest Memphis was held at the City Hall at 6 P.M. February 11 , 1943 with the fo flowing members of said Council present; dm. H. Hundhausen, Mayor P. M. Dacus H. E. Manning, recorder O. J. Hatton 0. T. Bollinger roy Curtis M. C. Bauman All members of the City Council being present , except Grady Brown, the following proceedings were had and done to-wit: The question of operation of the Light and 'Water Department was dJs- cussed by the members of the Council and after discussing a resolution was offered by Milton Bauman as follows : Be it reso lved by the Cit y Council of the City of- Nest Memphis , arkausas that the City Council is of the opinion and suggests to the Light and dater Commission hat they employ a man to be office manager and take charge of andhandle the business affairs' of the Light and dater Len artma_ t of the City of west Memphis , arkansas. Said resolution after being discusseq , was duly passed by unanimous vote of all members present . The matter of procuring an adequate supply of water for the future use of the City of 'Nest Memphis was brought before the Council and after discussing, the City Council passed a resolution for the following, which was offered oy Milton Bauman; Be it resolved oy the City Council of the City of Nest Memphis that the Light and dater Commission be and the:: are hereby authorized by the City Council to open negot- iations and enter into a contract with Lane-Bowler Construction Co. for the drilling, outfitting, and equiping of a complete well at a point or place in the City of Nest Memphis to be determined by the Light and dater Commission preferably on property already owned. by the City. In veiw of the. fact that these resolutions affecting the operation of the Light and dater Department of the City of ,west Memphis , a resol- ution was offered by ? Alvin Dacus as follows : Be it resolved by the City Council of the City of Nest Memphis, that Mayor , ,i`. H. Hundhausen be requested to call a joint meeting of the City Council and the Light and dater Commission to be held at the City Hall, Nest Memphis , :irk. at 8 P . M. on February 16 , 19"3. Said resolution after being discussed was unanimously passed by a vote of all members present. No further business appearing, the Council adjourned until 8 P. M. , February 16 , 1943. jelthaeJ ►9m. H. Hundhausen, Mayor • H. L. 4Q n .ng, record Approved .y//�!, _, 0 341 IQINUTES OF A SPECIAL JOINT MEETING OF THE WEST MEMPHIS CITY COUNCIL AND THE WEST LIEI,THIS LIGHT & WATER Da3ARTi. ENT F EBAU AHY 16,1943 On February 16 ,1943 the City Council of the City of West Menphis , Arkansas met in special joint session with the City Light end Water Commission at the City Hall Building at 8 P.M. with the followig members present: r" ,V'm. H. Rund haus en,Mayor P.M.Dacus H. E. Manning,3ecorcer O.J .Hatton Kent Jacks°n,Atto rney O.I .Bolli nger Roy Curtis iai .C. Bauman, lid ermen A.P .Dacus ..cT . a'Thi t e Toney Peters , Commissioners Clarence Clifton,Attorney. All members of the City Council, except Grady Brown, and all members of the Light & iVater Commission being present ,the following proceedings were had and done to-wit : Minutes of the revious meeting of the City Council were read and approved. For the benefit of the City Council members the Mayor gave a review of the last previous meeting of the Light & Water Com- mission, at which meeting the employment of help for the Light & ,Water Department was discussed. Foiling this there was a discussion concerning the consolidation of the bookkeeping of all City Departments. It was unanimously agreed by both the Council and the Commission that such a consolidation would be well and good provided all books be kept separate and that only the office and bookkeeper ee the same. Thereupon a motion was made by M.C. Bauman and seconded by M.P.Dacus and duly passed ii by all members present that the Mayor appoint a committee consisting of two members of the Light & .Water Commission and two ::;embers of the City Council to work out the details of the consolidation. Inconnection with this a motion was made and a resolution offered by O .I .Bollinger and seconded by P.M.Dacus and unanimously passed by all members present that Kent Jackso n, Ci ty Attorney, draw an ardinance amemding Ordinance number 23 which would make it possible for the Members of the Light (Ft: ?Water Commission to serve as memb ers of the sewer Commission, thefeby facilitating the administration of the two departments. The matter of a new well was discussed and the Mayor presented a letter from Layne Central Company which contained several proposals for the construction of the well. The Light & ,Water Commission recomended and the City Council unanimously agreed that the City should at once ask for bids on the constructfion of a well of the following specifications : the well shall be a fourteen inch gravel wall well about sixteen hundred feet sa e ,ui ment for the deliveryof deep r�ith all neee.:..ary pumping p a minimum of 330 gallons of wate- per minute to the surface and a guarantee of water e'�ua1lNt���"n Present well and to cost less than fifteen thousand dollars. Instructions for proceeding with the bids for the contract were issued by Attorney Clifton. A motion was made by Toney Peters and seconded by A.P.Dacus and passed oy all members of both the Commission and the City Council that the Commission place an additional twentyfive thousand dollars insurance upon the various properties of the Light & Water Department. The motion rut ther otat cd that the Mayor appoint a committee from the City Council and the Com- mission to make a survey of all the Cityv-e insurance business y and divide such business equally between the two( as nearly as possibly) insurance agencies operating in the City. 0 No further business appearing the meeting was adjourned until the next regular meeting ,or until such time that the '.:ayor might call the members in special meeting. 0 644 vim. H. Hundhaus en,Mayor er-------z----2.---.-,--7/ // H. E. Manni ng,R ecord er // ved MINUTE OF A REGULAR METING OF THE 'NEST MEMPHIS CITY COUNCIT. March 2,1943 On March 2 ,1943 the .lest Memphis City Council, met in regular y ...; session with the following memt#ers present : Wm H. Hund haul en,Mayo r Roy Cutti s H.E. Manni ng, R ecord er Melvin Dacus Kent Jackson,Attorney M.C.Bauman,:4.1dermen All members being present except Grady Brown,O .I .Bolinger , and O .J. Hatton the following preceedings were had and done to-wit: Minutes of the previous meeting were read and approved with the following resolution offered as an addition to said minutes : Be it resolved that it is the intorpertation and desire of the City Council that the additional twenty five thousand dollars insurance that is to be placed on the property of the Light & Water Department be so pdtaced that the sum total of all the insurance premiums be as nearly equally d tvid ed o etw een E.B. Crawfo rd Co . and ?he United Insurance Company as possible. This resolution was passed by unanimous vote of all members present. The following resolution was offered by Melvin Dacus and unanimously passed by all members present: Be it resolved that it has been called to the attention of the City Council that City Marshall H. D. Holland has been classified by the Draft Board of Crittenden County Arkansas in Class 1-A, , i.itsubject to call to service at any time. Be it furt:..er resolved/the City Council that a proper resolution be drawn by City Attorney, Kent Jackson, requesting deferment of said H. D. Holland on account of his services being absolutely necessary to the City of dest Memphis as City Marshall. Claims of the Volutiteer ity _Fire Department were presented and it was decided that the Mayor shculd investigate these claims and authorize payment of same if they were round to be in order . The following bills were approved and the Recorder authorized to draw warrants for same: GENERAL C. V. Griffin 17.71 Crittenden County Times 20.50 C. V. Gr if fi n, _itt 206 .00 Bragg 6 erfric e Co 25.23- Jim Burrows -Gro . 93.95 ,Vest Memphis Lumber 14.90 ::rs. D. - Burrows 6.30 Tayloe Paper Co 13.91 'will Blair 3. 50- Bell Telephoae Co 30. 26 Jim Burrows 11.00 J. A, Riggs Tractor 13.65 34',VER REVENUE FUND Mid South Oil Co 5.00 A. R. Taylor Co 4. 65 Farmers Supply Co 7.04 Jean Hillencamp 10.00 .r est Memphis News 3.00 Bell Telephone Co 4.99 . — Sewer Department 10 .00- Sewer Department_, 260 .00- 1 Bit=`oyT hotel 13.03 cam . �,..�d , 1 C. V. Griffin / 1 .24 �d . �Y� Motion was made and passed that the City Counc it a .journ until Tuesd ay, March 16 th, 19/3 . 1, :14---i-Q\i'0..c"k,' ok,k(64--.-y- • ,' m. H. Hund haul en Mayor &_CpI a y H. F. a Wing, Recor r / , Approved ,�;' I 010 EINUTES OF A SPECIAL JOINT MEETING OF THE WEST MEMPHIS CITY COUNCIL AND THE WEST MEMPHIS LIGHT & WATER DEPARTMENT MARCH 16 ,19 43 On March 16 , 1943 the Jest Memphis City Council met in special joint session with the /Vest Memphis Light & Water Lepartment Commission at the City 'fall Building at 8 P .M. with the following members present: Wm. H. Hundhaus en,Mayor :.'.elvin Dacus H. E. Manning,Recorder C.I. Bolinger Kent Jackson,Attorney. :toy Curtis _;; .C.Bauman, id e rm en E.J .White ney P eters , Cammissi oners Clarence Clifton,Attorney. d et>°rmi n ed It being/that a quorum was present the following proceedings were had and done to-wit: The meeting was called to order by the :iayor and the Mayor explained the purpose of the meeting which was to consider bids for the construction of a well for the city. ?ids from the following firms were ppened and read : :Ll i d e Wells Co . ,Garden City,Kane as . Carlos Well Supply Co. Layne-Arkansas Co After discussion of the bids by the Consulting ;ngineer it was decided that the engineer should have more time to compare the bids as well as give the engineer time to Rine the bidders further instructions in reguard to the specifications. In view of this , the meeting was duly adjourned until Friday, the twenty sixth of :.:arch 1943, at which time the bids will be further cons id ered. )i' m H.}hind au Ma r 6 / H:E.Manning,Hecorder Approve MINUTES OF kN ADJOURNED MEETING OF THE WEST MEMPHIS CITY COUNCIL AND THE WEST LUGHT & WATER COMMISSION Pursuant `.to-r last adjournment the City Council Of the City of West Memphis met in an adjounned session. with the City Light & Water Commission at the City Hall at eight OSclock March 26 , 1943 with the following members present: Wm. H. Handhausen,?,iayor Melvin Dacus , H.E.Manni ng,R eco rd er 0 .I .Bollinger, Kent Jackson, Attorney Roy Curtis , ermen E.J .White, A.P.Dacus , Toney Peters , Commissioners Clarence 'Clifton,Attorney. It being determined that a quorum was present the following proceedings were had and done to-wit : The meeting was called to order by the Myer and the Mayor explained the the purpose of the meeting was to consider bids for a new well far the City Light & rater Department. 344 Bids from the following firms were opened and read : Layne-Arkansas Company. Carloss `Sell Supply Compan-. After discussion it was decided that Carless had made the lower bid. and, that with approval of the contract by the attorneys and the Consulting Engineer,sh:ould be awarded the contract. :he bid was for $13,5(10.00. No further business appearing and upon proper motion and second the meeting was adjourned until the next regular meeting or until as such time that the :mayor might see fit to call special session. ram; ? (141, Vtn.H.Hundhaus en Iayo r. q H.E.Manni ng,_ eco r er. / App roved L1 ,4o/1/43 arf v.,.i 1