September 2, 1947MIINUTr,5 OF AN QDJOURNliD Ivi~TIAIG OF THL CITY COUNCIL OF ~~VLST IlIEIl,IPIiIS
The Council of the City of West L.emphis in the County of Crittenden, State of arkansas, met
in an adjourned session at the City Hall in said City at 1:30 Y.Id. on the 2nd day of September,
1947, pursuant to adjournment September 1, 19147.
Tkte meetin}; -.ras called to order by tl:e I~layor, and tkte roll being called there mere:
Present: P, 1. Dacus in the chair and the following Warned Aldermen; R. R. Alorley, Curtis Foster,
J. A. Johnson, and G. ',J. L:cF~uley; and City attorney Spears,
Absent: j+lderr,:en L', lI. Bro~rn and 0. I. Bollinger, and. City Clerk H, L•', Blanning,
It being determined a quorum was present, the following proceedings :vere had to wit:
Minutes of meeting; of the City Council of nu,~;ust 4th ,°rere read artd approved.
Ilvlr. F. J. ilubens, President of the `;'nest iviemphis Transportation Com;,any, appeared before the
Council to request that the follorv-ing changes be made in the Transportation Company routes:
Comes the }Pest berrrhis Transportation Company and respectfully petitions the City Council of
the: City of '~est ~emphis.to alloy said Ccrnpany to make the following changes in the present
"Hulbert" route.
Tkre rteyv proposed route is as follows:
Beginning in Ilulbert and driving North on tkre lIulbert road to the corner of Avalon
and Uond Street in •+est Memphis; thence, :s'ast for one block to Redding Street; thence,
Plorth five blocks to Barton Street; thence, east one block to Rhodes; thence, South
four blocks to Oliver; thence, last ono- block to Hi~haay 61; thence, South to the
intersection of Higiltivay 61 and 70; thence, mast to Aiinth Street; thence, South to
1kZdison; thence, cast. to 11th Street; thence, North to Hi~h:ra,* 70; thence, .asst on
lii~krzray 70 returning to llulbcrt over and alone the same route as itereinbcfore described.
The '~+est ~entphis '1'rarrsportation Comp arty further potations tl-t:: City Council for permission
to drop that part of the ~toosevelt street route not, operated on iiocsevelt street and Ocoper
street.
Permission is further asked to drop Pira street from the s+'orthington Parl; r•un, and also
to drop Thompson Street from the said routes.
Permission is hereby requested to alloy the said Company to run the Nrar•ion bus on cth Stroet
to Illadison and return.
It is furtl_er requested that the City Council naive the 30 day requirement for filing proposed
changing of routes and that the Coml~~any be allo:ved to operate t}ie above stated routes immediately.
Respectfully submitted,
~(c,ST id~ltvii'HIS TRf1IISPCRTATION COIriPI?NY
By j S~ i'sD',iARD J. RUB~`iS,
President
After discussion of the matter, motion 'was made by «lderman L+orley that-the proposed changes
in the; routes be made and that the: City Council ~aaive the 30 day requirement for filing proposed
changing of routes. the motion _rras seconded by Alderman Johnson; and upon the matter being called
to vote, the following voted:
Aye: it, R. Llorley, 'Curtis Foster, J. A. Joku~son, and G. ~+, ir;cAtley.
Nay: None.
"An Ordinance To Define The Terms Loaf, Loiter, 'dander and Idle, T~ Declare Tire Same To Be
Unlawful, To Prescribe Penalties Therefor And For Other Purposes" tires read in full for the third
time by 1ilderrnan roster, tivho rnovod its ado,~tion, seconded by „lderman ItcAuley, and after due
consideration of said motion, and upon passage of said ordinance, and the roll being called, the
following voted:
Aye: R. R. ivgorley, Curtis fester, J, ii. Johnson, and G, 4!, IvicAuley,
Nay: None.
:'Thereupon the Pv9ayor declared said ordinance duly adopted and passed, and si~med his approval
to said ordinance and the City Clerk. was directed to spread the same upon the record of Ordinances
of the City of 4°fest 1~Iernpkiis, '~u•kansas, and to have same pub]_ished as required by law, and to
number said ordinance-ldo. 138.
Said ordinance to which no amendment ,vas offered read as Follows:
ORDITdAY1CE N0. 138
AN ORDITdANCE TO Di;FINE TH3 TijRlwiS LGAF, iOITI~i., ~inTdDLR AND IDLE, TO DECL.?~~ THE SAT.,% TO Pi; UPILAddb'UL,
'1'0 PRESCRIBli P~IALTI5 1liF~ft}3FOR trTJD FOR G'THsR PUHPOSt;S.
}3E IT URDAITIED BY J:'kiis CTTY COUDICiL OF THli CITY OFJEST T:idi~;PH1S:
SECTTOTI 1: 'i'H3 T~ISuS LOAF, LOITER, ~JATdDER t;TdD IDLE DEFITIED:
The term "loaf" as used in this Ordinance shall. rrean one rrho la~il.y lounges in, about
and upon the streets, high~ra;;*s, alleys, squares, parTa, thoroughfares, restaurants, pool rooms,
taverns or other public places.
The term "loiter" as used in this Ordinance sh~11 mean any person •~r}.o dilatorily or
idly stands, sits, saunters or lies around any street, hi~;hrray, alley, square, park, thoroughfare,
restaurant, pool room, tavern or other public places.
The terrri °wander" as used in ti~is ordinance shall mean any person who moves about in
any conveyance cr on foot, to rove, ramble or roam aimlessly upon any street, hifh..ay, alley, square,
park, thoroughfare, restaurant, pool room, tavern or other public places.
The terry. "idle" as used in this Ordinance shad mean any person 1-aho idles aovay his time
in an inactive, slothful, sluggish trifling, lazy, indolent, unoccupied or frivolous manner in, about
and upon the streets, Yrigh:vays, alleys, squares, paxks, thoroughfares, restaurants, pool rooms,
taverns or other public places.
SECTION 2: UNLAVIFUL TO LOAF, LGITr:R, ;uANDER Oh IDLE:
From and after the passage of this Ordinance it shall be unlawful for any person or
xersons, either individually or in concert, to loaf, loiter, grander or idle in, upon or about,
,vithout any legitimate ;;usiness or purpose, any of the following places, to-writ;
(a) tiny street, alley, highwa;;r, square, park, thorouEhfare lvithin the
L'ity of ~+est Yuemphis;
(b) .Any, pubL_c building, railroad, bus station, airport, pool room,
botivling alley, theater, taxicab staTrd:
("c) »rry restaurant, cafe, lunch sti+rtd, liquor store, tavern, inn,
Yrotel, tourist cabins:
(d) :~rry disorderly houses, gamblini; houses, assiomation houses,
places ~rhere into:cic~aing liquors are lcrioNm or• commonly
reputed to be sold:
Vie) Or any other public place whether mentioned herein or not.
iECTICN 3: INTr:13F'IiLTJCE uJ1TH OT}i~tS:
Or t.o so conduct oneself individually, or in concert frith others in the use of, or upon,
or in any of the aforementioned places, so as to interfere with the free and uninterrupted use of
such places by otYter lawfully there and using the same.
SECTION L~: P'r~IALTY:
Kny person or persons violating any of the provisions of this Ordinance shall be deemed
guilty of a misdemeanor and upon conviction thereof shall be fined in any sum not to exceed the sum
f #p500.00 and in addition thereto shall be imprisoned in the City Jail f'or not less than 10 days nor
Wore than 90 days.
3ECTIOTI 5: SE1%~h:l13ILITY:
Should any vrord, phrase, clause or section of tJri s Ordinance be declared to be illegal,
invalid or unconstitutional, such holding sh~ul not affect the remainin._; portion of said Ordinance.
3EL'TION ~: r.IuIEI~G~ICY CLAUSE:
It is hereby deternrirted that this Grdinance is necessary for the preservation of public
peace, krealth and ~ruelfare of the citizens of luest i~emphis, and an enrer6ency is hereby declared to
sxist and this Ordinance shall be in full force and effect from and after its passage and approval.
:Ht~-:: r:
i
"An UrdlnarlCe TU Deflne A SI1Sr'11C10US PerSGll And To Provide Penalties Therefore° -was read in
full fOr the t111rd time by ka).ClErt:l$n J011nSOn, and after :ue COr1S1dB2'a.t10n Of Sa1d nlOtl.On, and upon
passage of said ordinance, and the roll being called, the foliolvin~; voted;
Aye: R. 1~. ~Grley, Curtis Foster, J. 1i, Johnson, and u. .~, i';ic<~uley.
Nay: None.
~+hereupon the lulayor declared said ordinance duly adopted and passed, and signed his approval
to said ordinance and the City Clark vaas directed to spread the same upon the record of Ordinances
of the City of uTest ~:mphis, -•rkansas, and to have same published as re~..uired by law, and to
num',~er said ordinance PIo. 13g,
Said ordinance to lrilich no amendment gas offered read as follows:
OFtDITlANCE i10, 139
AN ORDINANCE TO DEFIIIE :l SUSPICIOUS Pil:>GI~? 4$D TO Y~R~VIDE Pii~IALTI:'sS TF1i~P.T~~FGIt:
;sE IT OiiDAII`;~~,D ISY THI: CITY COUI;CIL OF `l'H~ CITY GF .ic;~T ;~`r:~r:PHIS:
SECTTOPd l; SUSPICTOUS PE~tSUP1 DEFINED:
A "suspicious parson" is hereby refined to be a person ~:vhorn there is reasonable cause
to believe that he has or is about to corunit a felony,
3~sCTICId 2: SI?5P ICIOUS " ??Svld~ 1JU1' iU LC;IT~R, Fi?c'r~ Jr TT'r'.SP_`iiS:
It shall be unlaovful i'or any suspicious :.person 'who can not give a reasonable account of
himself, to loaf, loiter, or idle upon, or in, any public street, a1ley,tlulrpughfare or other public
place in the City' n f' ,Jest lie: Lillis; cr to 'urandar, loaf, idle, or loiter about any disreputable pool
room, soft drink stand, douse of ill i'anr;, or placa -where into~:icatin~* liquors are knolwn or col~•mlollly
reputed to be sold, ui• to be found pro.~i.in;; on public or private property writilout l;ood excuse.
~~CTIOId 3: PLr?ili,TY: -
Any person found >,uilty of violation of any of the provisions of this Urdillance, shall.
upon conviction theraof, be deemed guilty of a misdemeanor, and shall be fined in any sum not more
than X500,00 and/or imprisoned not less than 10 days nor more than 90 da~,~s, or both at the option
of the Court tl•ying the cause.
SF.CTIC'N >a: St,Vi:itn»ILli"Y:
Should any -r~ord, phrase, clause or section of tlis Ordinance be declared to be illegal,
invalid or unconstitutional, such holdin` snail not affect the remaining portion of said Grdinance.
51sCTI0N 5: EidG1~G~a CY CLI+USE:
It is hereby determined that this Ordinance is necessary for the preservation of public
peace, health arld welfare of the citizens of hest lvlempllis, and an emergency is hereby declared to
exist and this Ordinance shall be in fhll force and effect from and after its passage and approval.
Mayor Dacus advised the Counoil that i]ll ordinance providin; for the issuance of bonds
.for corlstructirlg and e~luipping a city auditorium, levain~--, a tax sufficient to pay the principal and
interest of said bonds; declaring an emergency; and for other purposes prepared by Attorney
",~allace Tolvnsend had been received, thereupon, the ordinance alas introduced in writing and read in
full by Alderman Johnson.
Alderman 1'lchuley moved that the rule roquirin said ordinance to be read in full on
three different days be suspended, and. that said. ordinance be placed on its. second reading; motion
vas seconded by Aldex•lnan iiiorley, and thereafter the Mayor put the ;,uestion on the adoption of said
motion, arld the roll being called, the follo-wing voted:
Aye: R, iZ, Edorley, ~%urtis roster, J, e~, Johnson, and G. ^+. McAuley.
Nay: None.
whereupon the i<-iayor declared the motion duly passed and said ordinance placed on its
second reading. The ordinance was then read the second time by Alderrlan Foster.
al.der•rnan ~rct~uley then moved that said ordinance be novr placed upon its final adoption• motion
was seconded by f~lderrnan Ivbrley, and after due consideration tk,erecf by said Council, the jiayor put
the question on the adoption of the motion, and upon the roll being called, tha follevving voted:
Ayes R, 12, hlorley, Curtis Foster, J. A, JQkurson, and G. ,~. i<IclTuley,
Nay: None.
thereupon the 5dayor declared the motion duly carried and said ordinance placed upon its final
raading and adoption.
Said ordinance seas read in full by Alderman Tdorley , vrho moved its adoption, seconded by
Alder;~ian Foster, and after due consideration thereof by said Council, the kuayor put the question
upon the adoption of said motion, and upon passage of said ordinance, and the roll being called,
the follo~ring voted:
A;,re: Ft. Ij. iolorley, Curtis Foster, J. ~. Jokuison, and G. lJ, ivic.i~uley.
Play: None .
ra7rereupon the 1'daaor ca~.Led to the Council's atteraion that the ordinance, as adopted,
contained an i;mer;ency clause and suggested that specific action skrould be taken by the Council
on this clause. ~~hereupon motion u,•as made by Alderman Johnson and duly seconded by Nlderman
McAuley that the emergency clause of said Ordinance be adopted, and tho roll being called, the
follo:ring voted:
Nye: it, P, k<iorley, Curtis x''oster, J, A, Johnson, and U, .+, iiof"iuley. -
Nay: None.
~slhereupon the T~ayor declared said motion duly adopted and said ordinance duly passed, and
si~rred his approval to said ordinance and the City Clerk eras directed to spread the same upon the
record of Oruinances of the City of 'sJest ]viemphis, rzrkansas, :end to have same published as required
by law, and to number said ordinance No. 140.
Said ordinance to which no amendment eras offered read as follotirs:
OP.DINAiICE P10, 140
APl Oi2LIirAIIC;: PROVIL'ING Fv$ THi~~ ISCUAPIOE OF 30idD5 Fci liar; t'UliPG3., GF COIdST3UG''TIIiG APID
li'UIPt'IIdG A CITY NUDITU{IUI:i; LF:'J'lIlG A TlI:C SUFFICIENT TO PNY i'kl:: PiINCIPr'cT. dIIL' IPii'I:ki.~3T
GF ::AID FsONDS; DECLA`r~Il1G till r~l;1F~l2GsI1CY; AI•lD FOf OTIIElt PUItPOSrIS.
';u1IL.i xiS, by ordinance duly passed on the oth day of Iviay, 1947, tkiere vas submitted to the
qualified electors of the City of west iviemphis, ~irlcansas, the question of tivhether it should i:;sue
bonds to the arn~unt of ab50,000 for the purpose of building and equipping a municipal auditorium,
said bonds to bear interest at a rate of not to exceed three per centum (3n) per annum, but con-
vertible to a loner rate of interest cn such terms that the City cvi11 receive no less and pay no
more than it tivould receive or pay* ii the bonds vrere not converted; and
'~~HERE'AS, due notice oI' the election vvas given as required by law, and said election ';vas dul~~
held on the 10th day of June, 1947, at which election 150 votes were cast for the issue of bonds
and 2'~ votes were cast against the issue of bonds, and 145 votes ti^rere cast for the tax 'to pay the
bonds and 31 votes were cast against a ta:c to pay the bonds; and
~JHEI21;,.!1S, the result of the election eras announced by the kvlayor by a proclamation issued on
July 15, 1y1~7, and published on July lv, 1,47, in the Crittenden County Times, a newspaper
regularly published and having a bona fide circulation in said City, and no suit has been brought
to attack the result as thus proclaimed, so that it is norr conclusive; and
'IIIER.isAS, the City of 'r-lest Memphis, at a public sale held at 2:00 P.k:S. on AuYust L4, 1947, after
more than twenty days advertise~,rent in the said Crittenden County Times, contracted to sell to the
Southern Securities Corporation of Little bock, ~+rkansas, tivho submitted the best and hiF;hest bid
for said bonds, the issue of ~50,U00 in bonds bearing interest at the rate of 3~ per annum, at a
price of y9 cents on the dollar face value and accrued interest; and
- _ _
Vu'HFItEAS, the said Southern Securities Corporation 1~as elected to convert the ~s,;0,000 in 3;~ bonds
dated 1~fay 1, 19147, and maturing serially on November 1 of each year as i'ollows;
;~ 500 in the years 1950 to 195y, inclusive
150 in 1960
3500 in 1961
4000 in 1962 to 1967, inclusive
14500 in 1968, 1969 and 1970
2500 in 1y71
into an issue of X53,900, dated N?ay 1, 1947, and due serially on November 1 of each year as follows:
~p 800 in the years 1950 to 1957, inclusive
1000 in ly5u and 1959
(~vhich bonda bear interest at the rate of t;ro per centum (2 ) per annum from date until i;aid)
er2000 in 1960
3500 in 1961
X4000 in '1962 to 1967, inclusive
tG500 in 1958, 1969 and 1y 70
2500 in 1971
(-.which bonds bear interest at the rate of tyro and one-hrlf per centum (24~) per annum from date until
paid); acrd the computations of the two schedules shore that the City tirill receive i7o less and pay no
more than upon 4p50,000 in 3;~ bonds at the price bid;
NO'+J, TfliR~FORE, lis IT ORDF;I2IBD by the Oity Council of -the i:ity of ~+est Ii~emphis, lirkansas:
S1;CTTON 1. That the sale of the bonds to Southern Securities Corporation of Little Rock, Arkansas,
is hereby approved and confirmed, and the computation of the conversion of tyre bonds From 3;ti to 2g; and
2z bonds has been esainined and is hereby approved.
Sr;CTION 2. The PJiayor and City Oler•k are hereby authorized and directed to execute the auditorium
Bonds of this City, dated rl,~lay 1, 194"l, and maturing on Alovembar 1 of each year as follows:
Y3aR BOidD PJOS• J~IviQI1PJT
1950 1 ~` .800
1951 2 800
1952 3 800
1953 ~ 800
1954 5 800
1955 6 800
1956 7 800
1957 8 8~0
1958 9 loon
1959 10 1000
1950 11 and 12 2000
1961 13 to 15, incl. 3500
1962 1'j to 20, ° 4000
1963 ,?1 to 2l4, ~~ l~000
1964 25 to 28, ~~ 4000
1965 29 to 32, ~~ 4000
1966 33 to 36, ~~ 4000
1967 37 to 40, ° 4000
1y68 !vl t~ 45, ~~ 4500
1969 L46 to 50, ~~ 4500
1970 51 to 55, ~~ 4500
1971 56, 57 and 58 2500
all the bonds shah be in the denomination of X1000 each except IJos. 1 to 8, inclusive, which
shall be in the denomination of ;;800 each, and Nos, 16, 45, 50, 55, and 58, which sha).1 be in the
denomination of •%500 each. Bonds 2Jos. 1 to 10, inclusive, shall bear interest at the rate of two
per centum (2w) per annum, and Bonds IJos. 11 to 58, inclusive, shall b:.ar interest at the rate of
two anti one-half per centum (2~,„~) per annum, 'i'ha bonds snail be callable as hereinafter r,et out.
Sr:"JTIOId 3. maid bonds small be in substantially the follo;ving tbrrn:
U'1JIT%D S`'.'r"";TSS OF al~In:RIC11
S'i',iTi~: CF ati'.~:r>?ISIiS
CI'CY GP ;Jt;:T Ic;1~i,il iiI:i
~= :iuditoriurn Bond
IJo.
KNGtiV` 11LL MI'3V BY THESE t~tLSENTS:
That the City of Best Memphis, in the County of Crittenden and State of ,+~rkansas, ackno;vledges
itself to owe and, for value received promises ~ pay to b::ax~er the sum of
DOLLARS
in lawful money of the United Slates of america, on tae first d.ay of Plovember, 19 , -with interest
thereon from L'ne first day of Iwiay, 19l~7, at the rate of per centum ( ~) per annum
to maturity, or payrnerit, if' paid before ;~.aturity, interest pad*able semi-annually on the first day
of P.:ay and Novemb~-r of each fear, commencin~~ IQover.:ber 1, 1~~l~7, on presentation and surrender of the
arulexed coupons as they severally mature, t3oth the principal arrd interest of this bond are hereby
made payable at the office of the ilnion Planters National hank ~ Trust Company of Memplris, Tennessee.
This i.s one of a series cf fifty-eight (58) bonds aggregating Fiftyr-three Thousand i}ine Hundred
Dollars (~y53,900), all of like tenor and effect, except as to denominations, interest rates, and
maturities, numbered from Une (1) to t~.fty-eight (58), inclusive, issued for tine purpose of building
and equipping a municipal auditorium, and the said City hereby rarrants and covenants that in the
issuing of this bond it has proceeded in accordance with the provisions of Xmendrnent No. 13 to the
Constitution of the State of Hrkansas, and in accordance with the laws of said Ctate, under ordinances
of the City Council of said City acrd in pursuance of an election duly held at which the majority of
the legal voters of said City voting on the question voted in favor of the issue of said bonds and a
special tax for the payment of principal and interest of said issue; that all thins necessary to the
validity of this bond under the la.vs of the State of °rkansas, and particularly under said amendment
to its Constitution, have been done, have happened and 'nave been performed, as required by law; and
that a tax sufficient to pay the bonds aforesaid has been du:iy levied in accordance •with said consti-
tutional amendment and made payable arnually until all of said bonds and interest thereon have been
fully paid and discharged; and that the ~.ndebteciness represented by this bond and the issue of which
it forms a part does not exceed any constitution or statutory limitation. For the prompt payment of
this bond and the interest thereon, the said City of ;nest Memphis hereby pledges its full faith,
credit and taxing power, including the special tax authorized to be levied by said amendment to the
Constitution and applicable to the payment of this bond and other bonds of this series. 'j'hese bonds
vrzll share tine proceeds of the five mill special tax authorized by said Nmendrnent No. 13 to the
Oonstitution of the State of "rhansas vrith the outstanding balance of arr issue of improvement bonds
dated Lecember 1, 1938, and maturing; serially on January 1 of the years 19l~8 to 1960, both inclusive.
The City has agreed t}?at out of ti,e revenue derived from tine special five mi_]_1 tat, authorized by
~imendment IIo. 13 to the "onstitution of the State of rrkansas, i.t .;ill first set up a reserve of
1~'our Thousand collars (:RP1r,000), and Chat any surplus after drat reserve has been set up play be used
to call the bonds of this issue for payment prior to .Maturity in inverse numerical carder at par and
accrued interdst on any interest paying iiaie. «11 of the bonds of this issue swill l;e callable for
payment prior to maturity in inverse numerical order at par and accrued interest i'rom funds from
any source on ivkiy 1, 192, and any interest paying date therea~ter. in the event the: City shall
call bonds for payment prior to maturity, it shall publish notice of such call once ,- :veel: for ttivo
tisreelcs in some newspaper of genaral circulation throughout the Mate of ~~rlcarrsas, the first publication
to be not less ti7an fifteen days prior to the date fixed for redemption, and the notice sha]1 give the
number arrd maturity of e ach bond being called. ~~11 bonds so ca~led si:ai.l cease to bear interest after
the date fixed for their redemption, provided the ftmds for their payment are on deposit with the pay-
ing went at that time.
This bonds shall not be v4iid until authenticated by the certificate hereon of the L'nion Planters
National Bank & Trust Company of Memphis, Tennessee.
IN ,JITIdE~S 'sJIiEREOF, t}ie City o£ Nest Memphis, tukansas, Yras executed this bond by the hands of its
lviayor and City C,]~rk and attested it vrith its corporate seal, and has caused the coupons hereto attached
to be authenticated by the facsimile signature of its Mayor, as of the first day of gray, 19l,7.
CITY GF '~'dr`,ST h~A~'HTS, ARKANSAS l
BY_ Q • ~~ ~~yor
Seal)
A
_ 1
G ~ ~
'Cit for
'Po ea r of said bends shall be attached couucns for tine se~ru-annual interest in the follo~rinF; f'orra:
COUPOII
No.
On the first day of TTo~iember, 19 , unless the bond to .which this coupon is attached is paid prior
thereto, the City of best IvIemplris, °rkansas, promises to pay to bearer DOLLARS in
lawful money of the lJnited :hates of America, at the office of the Union Planters National Bank & Trust
Company of Memphis, Tennessee, being six months interest then c'ue on its auditorium bond dated May 1,
19l~7, arrd numbered
CITY OF ,E~SyTy-P~iEt4'HIa, ARKANSAS
By ~y ~ ~~.rtayor
63
(First coupon shalt be for six months' interest. the signature of the T~3ayor on the coupons may
be lithographed or engraved.)
iJach bond sl~raii be <rutitenticated by the Union Planters Tational Lank ~. Trust Coripany of I~lemphis,
Tennessee, aJ follows:
TRUSTi^}'S Ci$}('PIFIC<iTE
Union 'rlanters National Bank &. Trust Cornpany of leiem};lzis, Tennessee, hereby certifies that this
is one of the series of 58 auditorium bonds dated Ivlay 1, 1947, and described herein.
UNIOTI PLAT1Td1tS TdATIGidAL 13AP1K &
TRUST COI;R'tituY OF T1I:T~1'HIS, T1Tv'NnSSEE,
Trustee
By
Trust fficer
I~hemphis, Tennessee
1947.
S;~:CTIOTd 4. The Mayor and City Clerk ar•e hereby authorized acrd directed, i~rhen they have executed
said bonds acrd have had them duly certified, to deliver them to the purchaser upon receipt of the full
purchase price, and the proceeds of said bands s}rall be used for no purpose except the purposes for
yrhich voted.
SECTION 5. In order to pay the sail bonus as they mature, tivith interest thereon, there is hereby
levied upon all taxable real and personal prcperty ;ithin the City of ',Vest 1„emphis, •~rl.arisas, a tax of
five mills on each dollar of assessed valuation, for each of the gears 1943 to 1971, inclusive,_and as
long thereafter as ,ray be necessary in order to pay the bonds anu interest authorized bar this ordinance,
being a sum sufficient to ia:et said bonds and interest as they mature, tivith five per cent added for
unforeseeon contingenciesg and tTre L'ty Clerl: is directed to transmit a copy of this ordinance to the
County Clerk of Crittenden County, Arkansas, to the end that said taxes may be extended on the tax
books of said county and collected annua~ly along r;ith thr, other taxes until the said bonds and interest
thereon are paid in full. The City agrees to levy this fhll five mill tax as long as any of 'the bonds
and interest of this issue are unpaid, and agrees that all of the revenues from the five mill tax shall
be put in a separate rtrnd knotm as °Bond acrd Interest rlrnd" artd shall be used solely fon the payment of
the bonds and interest of this issue, as set out in this ordinance. Out of the revenues from this five
mill tax the City will first pay the principal acrd interest of tine outstanding fiance of the improvement
bonds issued under date of L'ecember 1, 1938, and out of the remaining balance it vrill pay the principal
and interest of these bonds as they mature. ~rny surplus from year to year shall be kept and accumulated
until the ~i.ty has on hand a surplus of yv4000 over and. above the annual principal and interest reduire-
ments of both issues. Any revenues over and above this $p4000 may be used to call the bonds of this
auditorium issue for payment prior to maturity in inverse numerical order.
S1;CTION 6. In order to pay said 'ponds, v+ith interest thereon, as they mature, there is hereby
appropriated out of the proceeds of the tax hereby levied, and if such proceeds be not sufficient,
then out of the general revenues of t}ie City, the follov~ing sums to pay the principal and interest of
said bonds as they mature:
YI~AN. PR.IIdCIPAi
Dlov. 1 of
each year
Tdlay 1
2 INT~N,
Plov. 1
2~$ ,JST
Iviay 1
22f
Nov. 1
22~ TOTAL
1947 ~v ~ ti~ ~4.~~0 :k " 568.75 . 652.7:
1948 84.00 ulG.OO 568.'15 568.75 1305.50
1y49 84.00 84.00 568.75 5b8.75 1305.50
1950 800.00 84.00 84.00 ,68.75 X66.'75 2105.50
1951 800.00 76.00 76.00 568.75 566.75 2089150
1952 800.00 68.OO 66.OO 568.75 568.75 2073.50
1953 800.00 60.00 60.00 568.75 563.75 2057.50
1Q54 800.00 52.co 52.00 568.75 568.75 201,.1.50
1955 t3U0.U0 41a.o0 44.00 568.75 568.75 2025.50
1956 800.00 36.00 36.00 568.75 563.75 2009.50
1957 600.OG 28.00 28.00 568.75 56.75 1993.50
1958 1000.00 20.00 20.00 568.75 568.75 2177.50
1959 1000.00 10.00 10.00 5613.75 563.75 2157.50
1960 2000.00 568.75 Sbu.75 3137.50
1961 3500.00 5L~3.75 543.75 l~567.50
1962 4000.00 500.00 500.00 5000.00
1963 tr0oo.o0 450.00 lr5o.0o 4900.00
1964 4000.00 400.00 4uo.0o 4800.00
1965 4000.00 350.00 350.00 !,.700.00
1)66 4000.00 300.00 300.00 4600.00
1967 4000.00 z50.oo 250.00 4500.00
1968 4500.00 200.00 200.:0 4900.00
1969 4500.00 143.75 143.75 !1787.50
1970 4500.00 87.;0 87.50 i1675.Oo
1971 25oG.00 31.25 31.25 2562.50
SICTIOII 7, ll~e Treasurex• of 'ti?~ V1t~' O.f ,tlest 'i.iem; 1115 1S liereb~T Ol der'i:~1 ~,I?!1 ~l_L "r::Cted, n0't lai,cr
than ilv~ da ~ ,~ofc;re the d_xte of each intere v pa;,rr,,ent, to r e;nit to the ,;;rin:- a~°ar,t the anount of
interest, oi' ~nter~.,~ a;.I::?. L;rir.cii;al, due on sa_r.d irate, to _:ct...:r ,+it.i ti.~. ,:r~;in nwr`Ycs, „irich shall
be :::ne ei,rhth of one ,per cent pn principal, arr~ fi°.e :,eats tier cou,ron on interest, vdith the provision
tii~.t tine rriinirlruui paying charge sha_1 be one dollar. 1:iis instruction to the 'I'reasu:i•er is irr:vccable
<urd Wray be enforced by maliclrurnrs.
~1~.TIOIv 8. I'he City agrees to deposit the proceeds of tl:e sale as follo•r~•s: The accrued :;.nterest
sl.all be paid into thr>t3~riu. and Interest rand, as here:iriabove defined; and the b.~rlance received .from
tyre sale of the bo::ris shall be deposited in a separate fund to be klro,~n as the !'Oonstruction Fund," to
be used solely i'or the ,:rayment of the cost of carrstrrrct_.on plus tyre e,.per;ses of the bonE' issue, except
that file City agrees to set aside sufficient f'uncis f'rorn fire Construction r~md to inset interest re:l"rrire-
rlents until tax revenues become available, but as soon as possible this rruney shall i:e re}>aid to tho
Construction Lund.
~:,~iOli ;' 3oth the ~,nd and. Intorest rand ar:d the ~onstru.ti.on run~1 si:ai.l be denas:ited in a l;ani:
or b::mhs holding rnembers!:il> in the Federal Deposit Insurance :;orporat:i.on. Vouchers upon either fund
rmxst be signed by t,ro duly autl.orized persons.
~,~Cf~~i~! 10. Iz c:ei:a,;1t is made and conti~,i: i'cr thirty Ways in the payment of any interest coupon,
the irolcler of t}!a ku,r!d to ;ailich it is at.taciled :day etcetera t,i;e satire innna,,i.ately clue a:ld payable, and
the failure o_++' the },older to e:;::rcise t:ris o1!tion upon ar~y ,iefault liral rrot be a ':rai-ver of hi:. ri__>I:t
to exercise fife option a_~on any subse uert c:efault,
CTIO1 il. 'he '.ponds of ti.is issue siia~l be c. ~i~able for , ,tint p-rior to maturity according
to the tears set out in the lace cf the b~;nd. form in erection 3 ofLLtiris or:ir:ai-rce.
SLCTlOPd 1L, The City agrees that it r;:i1.1 }cee,r the surplus revenue derived :from the leu<r of the
sped al tax each year in the Borrd and Interest land until. a reserve oi' ~!61a000 he~is been established,
and alter the reserve of wlt000 has been established, the City r:ray either use fire additional surplus
in the Lond dad Interest rlrnd to call bonds for iiayn.ant prior to rna.turity or, ,ai.th fire consent of the
Trustee, it may reduce fire a:Inual l~:v,;,, but n0 reduction sira:il be Wade to a rate :'rich tvi:!_l produce
less tl".an the :!ext annual requirement oi' bond. principal and intorest of both ir.sues then outstanding.
If the total assessed. valuation cY the ta:~abl.e Urorerty in the %ity shall decrease so brat :it becomes
necessary to restore the annual ta;c rate to five rail.~.s ~n order to prevent a default in eiti,~r 'Jong
issue, the City agr~aes to do so, and this agrcer_,ant may be enforced by r,tand<,rrnrs,
S~C;TICid 13. union Planters idational )/an;c ~: '1'.rust Ocrnpany of }'+lempltis, `Fenr.ecsee, is d~~si;mated
as 'trustee, au-.irori;sed to act for acid on behalf of t:e bc~ndirdl.riars, but it shr:ul be re.;ponsihla only
cf act con to i Weir here ~ n ,_s~ n ~n tie
for :r_,.lful ,+rong in the e_ pcution of its trust , a;,l tine recitals ~ '
bonds tltornselves are statrants ;glade by the amity <uId not b=T the 'T'rustee, iha Trustee shall not be
rec;aired to to]ce not ice of qty c:efault or to tare a. action L~rennder i•,ntil it shall have been noti-
fied in ~.ritinrg of e~aid default acrd inderurifieci tc its _,atisfacti.on agai_tst ail,- loss, o:cpensa or cost
that it may incur by taicin coon. llie holders of a majority in value o]:' the outst~rcid:inf, bonds at
any time r.tay, by arI ins ~rurnent duly executed :yid reconled in the office of fife ~ireuit Clerk and
ex officio ~ecorcier of ~ritte..cien Jounty, Arkansas, appoint a ne:v `irustce, ;vho shell have all of the
po~;ers o1' the 'irustee originally named, and the ~ir'ustee her ein named ;nay res:i~*n at ~itr time upon ten
days' notice in ~.ritin~ mailed to the ~:.ty Clerk.
Si;C'1';:CP1 1LI, Tire City undertakes to keep t'ne buildings to be <:x•ected from the proceeds of tli.ts
bond iz;sue, and all c;quipment, flrrniture and i'iatures i;herein, constantly insured arr~irzst loss by
sire, lightning and tornado, in corrrNanies acceptable to the '1'rrtstee and for the i1t11 insurable value
thereof.
SECTIOII l; . It is hereby ascertained rutd declared brat due to Mile rapid growth of population in
the .Jity of 1';est Itemphis <rnd the need for increased and additional cultural acrd civic facilities, there
is great need for the irtcrediate ccn~truction of a City auditorium, acrd because o1' the lack of this
facility, the public peace, haal.th grid safety arc threatened, and therefore an emergency is declared
and this ordinance shall be in Hill force grid take effect immediately upon and after its passage.
i'lie folio ink buildi ~ > apn:_~ cat ions •;,ero sui~raitteci to fire .,ouncil:
Virmil House -Approved
P.Jbert :aatson - i+pproved
James Il, Jolu~son - iii~provod
I''attnie Glover -Approved
.;aLter ilrnold - approved
;I, r', Spicer - A11;roved
;1u,~-ene I'urdoli~r -Approved
~;'i, ,i, ~~i~itfield -Approved
i~nry* lippinl*er -Approved
~;i, t~C. Cotton Oil I~iill - A_~proved
L. Singleton - Al:~proved
A3 ank Gill -Approved
'dill Lamb -Approved
J, i', Palmer -approved
0. d, rassell -approved
J. ':+. Austin - ._;droved
J. ii. tlsbrool; - ~>~,proved
~. lr:, iirlil-ht. - 1ipprovad
J, P, 1'~-.ter - tiestricted
ice, J, .~nderson - approved
J. K. nnor¢ - ;i~p;roved
A. C. iaations, Jr. -approved
Harrison Key - r.p;~roved
H. 1''. Spicer -approved
Charlie Jones -approved
l~iettie Ialaaf'ield - nPlrroved
Jeff brooks - ~.pproved
?', ~+ing -approved
Chao Lurn - ~~pproved
P4otion ~r;as made by Alderman Foster acrd seconded by Alderman i~icAuley to approve the follo~.i.ng
bills and authori~ae the City Ci_ric to draw •~varrants to pay sarze:
O1TY ;JaFc_t!'~i1T0
Tvierchants 8~. PlantE:rs Lank ',x207.30 rice iar•efLn i~ip;gla ~;~ li.,17
~i. ~. I~YcFall 10.00 u, P. Sides, Jr. 97.00
Henry •+ill.i~ns 21,60 i~=erchants ~L Planters Lank 306,13
3ob-i;rta Oole 2u,75 Otis Lall, Fire oui.ei' 15.00
Jolur l~ichardson 1!4,85 Loytra Dodd 125,00
John i~cCullar 33,J0 Jean IIillancamp 200,00
John abner 33,Ou Ii, L, Hol _~u:d 250.00
Leon Lroti•m 29,70 II, D, iol.~rn4l 30,00
~d '.Iueison 37,13 ', iel, D~1cus 1'~O,Jv
gran Larkin 23,140 ii. ._, L~Ilniil~ 2„iJG
'erry iio<_;ers 1414,;0 Da; tor. 5achett 2~i.00
.Mice Breiuu I?ig~,ie 25.u0 ~•s. t3. ~~arrie
y+y 35.00
ienr~r Young 3'"50 C. G.
i'4irroti^r 175.00
henry t'alrner 33,00 ~. 0. ~urror'r 30,00
Sazn ror°m 33.:0 ~_. G. K.ietz:nan 300.00
Curtis Jewell 142,00 s';~, H. Cush'nasi 300,00
•~, IS, mire Dept. 60.00 J. H, Brov~m 10.00
Llempiris Yublish_n~; Co. 103,13 G, McAuley 1x.00
'i'he Dail;;r PJerrs 67.50 ~~urtis Foster 10.00
Gazette Publishing Oo. 51.20 0, 1, Hollin;Yer 10,00
Arkansas Lemocrat Co, 52,u0 J, A, Jolu~son L0.00
The L7id-uouth Oil Co. 2.70 h:, h, ivlorley 10.00
Drs, Hamilton h~- Sciroettle 27.00 J. H. Spears 75,00
liestern Union 14,23 0, J, Hatton 200,00
Chas. ~ Jones 5'0.00 J, 'I', hcss 190.00
Joi~u1 2vlcCuilor 33,00 L, i', Lc-rnhard 25,00
John Dabney 33.00 Louis Hathcock 150.00
Laon Brotim 27,00 J. F. ,,ri.~;ht 200,00
Ld Hudson 37.13 J, r`, .iri~ht 30,00
r~ron Larkin 23,1,0 Cash 21.3
Parry N.o[~lers 14a.0U ::ash 10.72
l~lice lirehr,r ~ti~;Ecler 25.00' P.;i•s. J. F. ?~x•'-,~ht 5111.;,')
'.Y. ~. LcFa].l !40,00 i~, L. i.;ci'all !40,00
Henry ':'fi11 urns 27.00 henry ~,iill.i.ams 21,60
iioberta Uole 21,75 Roberta Oole 2!4,75
James :'cl~ey 'j,7~~ Lee Ih.Pobru°d 2!4.75
Drs. Hamilton ~~ Uciroettle ~,U
. Henry 'ioun~ 32,5C
henry YounU 32
50 Ilenr-:r P«1:,r:;r 33.;;v
Il:;nrTT Palmer 33.x0 :=a:n ;,sro~m 33,G~;;
warn Lrotian 33,40 Curtis Jewell 1.42,00
i,'trrt:is Jewell 142,1)0 John I~~cCla.llor 33, _,o
Sewer :3evenue Lond rand 300,00 Jol~rn Dabney 33.0'?
~.t', Ui~ies, Jr, 57.00 :1 lludson 37,13
henry Ycung 32,,;0 iron Larkin 32,18
Ii:-~nry Pal;ner 32.10 i'errjr ~'~orers 1411,,;0
San -~r•otivn 32.10 iarah Y. ~:ru.th >_8,85
Curtis Jei^rell ~2,OU nlfonzo Iilarcus 10.140
''J, r;, u~cFall 140.00 Choctoov, Inc. 175.56
Hanry •+iliianrs 27,00
Roberta Dole 21,..75
Lee Ilu:rbard 214.75
JoYui G+:cCullor 33.,0
Jolu7 Dabney 33,00
'~d Hudson 39,00
:iron Larkin 29.25
Perry r~ogers la 14,00
Saxah Y, S;~rith 2L.85
Upon the matt:;r being ca~led to vote, tyre iollo°~rin" voted:
Aye: tt. R. b;orle;r, Curtis roster, J. Johnson, an~.t ~^r. llci~,rley.
Ila;,n 1+cne,
i<o Surtiier b~.,siness appee.ri: ;, the rr,:;ei,inr ..as aujcrarx~ed.
I~iA YOit
~ _
aT`i :STo _ _
CITY CL",.;Tt'r:
a; PROT~D: